Street_Artists_Committee

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STREET ARTIST COMMITTEE
Wednesday, August 13, 2003
3:00 p.m.
25 Van Ness Avenue, Suite 70

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Minutes

1. Roll Call
   
   Members present: Commissioners Dugald Stermer, Anne Brauer, Rod Freebairn-Smith
   Member absent: Commissioner Denise Roth
   Staff present: Director of Cultural Affairs Richard Newirth, Street Artists Program Director Howard Lazar, Certification Clerk Antoinette Worthy
   
   In attendance were Supervisory Park Ranger John Cunnane of S F Maritime Historic Park; Mr. J. Barry Pollard, General Manager of Argonaut Hotel; and street artists Mohamed Ahmed, Oscar Bevilacqua, Linda Hagen, Kathleen Hallinan, and Sean Yore.
   
   Commissioner Stermer, Chair, called the meeting to order at 3:15 p.m. and stated that Items 2 and 3 would be heard simultaneously.
   
   
2. Hearing and possible motion to approve request to Board of Supervisors for permanent designation of relocated eleven (11) selling spaces ("H-11" through "21") on Hyde Street, west side, Beach to Jefferson Streets (continued from 6/11/03 Street Artists
   Committee meeting)
   
   
3. Hearing and possible motion to approve request to Board of Supervisors for permanent designation of relocated six (6) selling spaces ("J-1", "1-A", "2", "3", and "4") on Hyde Street, west side, at Jefferson Street
   (continued from 6/11/03 Street Artists Committee meeting)
   
   As per the directive of the Committee on June 11, 2003, Program Director Howard Lazar presented a proposal for the return and relocation of the Hyde Street and Jefferson Street spaces based on his negotiations with representatives of S F Maritime (National Park Service), the Argonaut Hotel, and street artists.  He presented maps showing the present temporary locations of the spaces due to the construction of the hotel and maps of proposed new sites for the spaces. The proposal called for (a) seven spaces to remain in their locations on the west side (Victorian Park side) of Hyde Street; (b) fourteen spaces to return to the east side (hotel side) of Hyde Street but to be arranged so that the windows of the hotel and the S F Maritime Visitors Center would not be blocked; and (c) the return of four of the six spaces to Jefferson Street to be arranged close to the entrance of The Cannery and away from the entrances of the hotel and its restaurant and to be set two feet apart from each other to accommodate two trees.
   
   With respect to the four Jefferson Street spaces, the Program Director related that the fourth space which was to be on the very edge of The Cannery's entrance recently met with strong opposition from The Cannery's management. The Program Director proposed to move it west of the other three spaces, which would bring it six feet from the hotel restaurant's entrance; and this met with strong opposition from the hotel's management.  He then proposed to add the space to the seven on the west side of Hyde Street, just south of the stairway to the cablecar turnaround; but this, too, was opposed by S F Maritime personnel who wanted the view of, and access to, the park free of street artists from the stairway northward.  The net result, he said, was that the street artists were now going to lose not two but three of their long-time Jefferson Street spaces - three of the most prime selling spaces at the Wharf.  In addition, the artists were going to lose a space on the opposte side of the hotel (Beach Street side) due to its proximity to a recently created fire exit.
   
   Supervisory Park Ranger John Cunnane stated that the Visitors Center was expected to attract 500,000 visitors a year.  While, at the last meeting of the Street Artists Committee, he had requested that the Center's three windows on hyde Street be kept clear of the street artists so that visitors could enjoy an unobstructed view of the park and harbor, two of the three windows were now going to be obstructed by the Center's exhibits; therefore, there was now room for the placement of one, if not two, street artist spaces to be added to the fourteen on the east side of Hyde Street.  He went on to say that the 252-room, four-star hotel and its Visitors Center should attract more business for the street artists than when the building existed as a vacent warehouse.
   
   Commissioner Stermer, on behalf of his Committee, thanked Mr. Cunnane for his cooperation and good will.
   
   Mr. J. Barry Pollard, General Manager of the Argonaut Hotel, stated that the hotel was scheduled for opening on August 18th and that he still approved of the plan he had agreed upon with Mr. Lazar, Mr. Cunnane, and the street artist representatives.  He endorsed the idea of moving the Jefferson Street space opposed by The Cannery to the east side of Hyde Street.
   
   Commissioner Stermer thanked Mr. Pollard, also, for his cooperation and good will.
   
   Street Artist Oscar Bevilacqua, who had participated in the negotiations with S F Maritime and the hotel, stated that he has been int he Street Artists Program for twelve years and has observed that there is less pedestrian traffic on Hyde Street than on Jefferson Street, and therefore the relocation of two Jefferson Street spaces to the east side of Hyde Street would not compensate for their loss of value on Jefferson Street.  The loss, however, could be mitigated if one of the spaces were added to the seven on the west side of Hyde which was almost comparable in value to Jefferson Street. He went on to say that before the hotel had commenced construction, the artists had been told that they would get back their six spaces on Jefferson Street.
   
   Mr. Cunnane stated that S F Maritime wanted to keep the west side of Hyde Street, from the stairway northward, clear of street artists because of the historic and aesthetic value of the Hyde/Jefferson intersection of park, harbor, Hyde Street Pier, historic ships, and Vistors Center.
   
   Mr. Pollard suggested that the enormous signs of the hotel and restaurant located above the east side of Hyde Street might attract more foot traffic for the artists.
   
   Street Artist Linda Hagen asked that, since the artists were losing three choice spaces, an area be explored where the three could be relocated.
   
   Street Artist Kathy Hallinan, who had participated in the negotiations, stated that she preferred the west side of Hyde Street because of the shelter and shade of the park's trees afforded to her for painting her leather products. Nevertheless, she appreciated the offer of two additional spaces on the east side of Hyde.
   
   Commissioner Freebairn-Smith enquired whether there was merit in having the spaces that were relocated to North Beach continue in North Beach, as the neighborhood, he said, had gotten used to the artists.
   
   Ms. Hagen responded that she and street artist Sean Yore have sold in the relocated spaces next to Washington Square, but that these do not replace in value the spaces at the Wharf.
   
   Commissioner Freebairn-Smith moved to approve a request to the Board of Supervisors for permanent designation of the relocated seven (7) spaces ("H-15" through "21") on Hyde Street, west side, Beach to Jefferson Streets, and permanent designation of sixteen (16) spaces "H-1" through "14" and "H-22" and "23") on Hyde Street, east side, Beach to Jefferson Streets; the motion was seconded by Commissioner Brauer and unanimously approved.
   
   Commissioner Brauer moved to delete three (3) spaces ("J-2", "3", and "4") from Jefferson Street, south side, Hyde to Leavenworth Streets, and to approve a request to the Port Commission for the relocation of three (3) spaces ("J-1", "1-A" and "1-B") on Jefferson Street, south side, Hyde to Leavenworth Streets, and the relocation of the the three deleted spaces ("J-2", "3", and "4") elsewhere on Port property; the motion was seconded by Commissioner Freebairn-Smith and unanimously approved.
   
   
4. Hearing and possible motion to approve issuance of certificate or renewal of certificate
   
   Mohamed Ahmed - Certificate 5877 (expired July 8, 2003). Alleged violations: (1) Having a salesperson sell Mr. Ahmed's items; (2) Selling items not of the artist's own creation.
   
   Program Director Lazar submitted as evidence photographs and a written report by the Advisory Committee of Street Artists and Craftsmen Examiners relative to the display of Mohamed Ahmed on May 10, 2003.  According to the report, Mr. Ahmed had a "salesperson" who "assured the Committee that" the "seed bead and wire chokers" displayed on Mr. Ahmed's table "were 'from Africa'." The report went on to observe that the cast rings displayed on Mr. Ahmed's table did not appear to be made by him. In addition, the "silver and stone flower pattern inlay bracelets" also on display were "stamped 'Alpaca, Made in Mexico'." The report concluded that "more than 50% of" Mr. Ahmed's "display was in blatant violation of street artist guidelines."
   
   Mr. Lazar reminded the Commissioners that, in a hearing which preceded a certificate suspension served by Mr. Ahmed, the Street Artists Committee on February 1, 2001 had warned Mr. Ahmed that any further incident of his selling items not of his own creation would warrant revocation of his certificate, and Mr. Ahmed had promised the Commissioners that he would obey the rules. The warning was reiterated in a decision letter sent to him by the Program Director.
   
   Mr. Lazar went on to report that, after issuance of the warning and prior to the recent May 10th incident, the Advisory Committee monitored Mr. Ahmed on June 8 and 29, 2002 selling "a large number of beaded bracelets which he admits were not of his own making ... He was asked to remove anything he didn't make, though all items were still on display when we left." Mr. Lazar presented photos of these incidents taken by the Advisory Committee.
   
   Given the evidence of these repeated alleged violations, the Program Director recommended that Mr. Ahmed not be issued a renewal of his certificate nor a new certificate.
   
   Mr. Ahmed told the Commissioners that on the day in question he went to lunch and left his display to be watched by a nearby unlicensed vendor.  When he returned, he saw that the vendor had moved his table next to his, thereby giving the impression to the Advisory Committee that the vendor was selling Ahmed's work.  Mr. Ahmed went on to say that the vendor would have liked to come with him to the hearing "but he thought it would look like it's a fabrication."
   
   Responding to questions by Commissioners Stermer and Freebairn-Smith, Mr. Ahmed stated that the photos depicted his (Ahmed's) table; however, the rings shown in the photos belonged to the unlicensed vendor.  He added that the Advisory Committee saw his display while he was away and that, when the Committee revisited the display while he was present, he did not have time to speak to the Committee and defend himself.
   
   Commissioner Stermer stated that Mr. Ahmed was not allowed to have someone sell his work and that the variety of items on his table for which he was not licensed to sell was "extraordinary" which justified the Program Director's recommendation of denial of certification.
   
   Commissioner Freebairn-Smith stated that it was Mr. Ahmed's responsibility to have immediately addressed the problem of the unlicensed vendor's table allegedly placed next to his, that he should have moved the table away and explained to the Advisory Committee what allegedly had happened.  Mr. Ahmed's activities were unfair to the other street artists in the Program.
   
   Commissioner Freebairn-Smith moved that Mohamed Ahmed be found in violation of the street artists ordinance by having a salesperson sell Mr. Ahmed's items and by selling items not of his own creation; the motion was seconded by Commissioner Brauer and unanimously approved.
   
   Commissioner Brauer moved that issuance or renewal of a certificate for Mr. Ahmed be denied; the motion was seconded by Commissioner Freebairn-Smith and unanimously approved. 
   
   
5. Hearing and possible motion to approve issuance of certificate or renewal of certificate
   
   Miguel Sanchez- Certificate #5898 (expired May 30, 2003). Alleged violation: Selling in a location not designated by the Board of Supervisors.
   
   Program Director Lazar submitted as evidence  photographs he had taken of Mr. Sanchez allegedly selling his items in an illegal location - Jefferson Street, south side, Mason to Taylor Streets - on a highly significant, prime selling day at the Wharf: Easter Sunday, April 20, 2003.  The incident followed a written warning sent by the Program Director to Mr. Sanchez for selling in an illegal location on December 23, 2002, based on a Police Incident Report which had stated that "Sanchez ignored" the officer's "order to stop selling, and continued to do so. He made three more sales in front of" the officer, telling him that "they were donations." This resulted in Mr. Sanchez's arrest and release at the police station with a warning that if he again made illegal sales, he would be arrested and booked rather than cited."
   
   Due to the nature of such violations, Mr. Sanchez was given the opportunity to meet with the Program Director and commit to obeying all the rules, rather than having his certificate withheld pending a hearing with the Street Artists Committee. Mr. Sanchez, however, chose to ignore the invitation, and the April 20th incident was boosted to the Street Artists Committee for a hearing on a recommendation to deny issuance of certificate.
   
   Mr. Sanchez was not present.
   
   Commissioner Freebairn-Smith moved that Miguel Sanchez be found in violation of the street artists ordinance by selling in a location not designated by the Board of Supervisors; the motion was seconded by Commissioner Brauer and unanimously approved.
   
   Commissioner Brauer moved that issuance or renewal of a certificate for Mr. Sanchez be denied; the motion was seconded by Commissioner Freebairn-Smith and unanimously approved.
   
   
6. Program Director's Report
   
   Program Director Lazar reported on the following:
   
   On July 30, 2003, the Board of Appeals mitigated the Arts Commission's two-months and three-weeks suspension of the certificate of Adriel Quintana Loayza to a three-week suspension commencing September 15th, with an additional two-week suspension to be held in abeyance pending a six month probation period.
   
   The Board of Supervisors passed the Arts Commission's legislation which will allow street artists to maintain a ten-foot distance from doorways, instead of the previous requirement of twelve feet, and to maintain an eight-foot pedestrian passageway, instead of the previous ten feet, thereby making the street artist public safety regulations consistent with those for the charitable solicitors.
   
   The Program Director received a June 25, 2003 letter from the staff of the Port of San Francisco stating that it would not support the Arts Commission's proposal for additional street artist spaces on Jefferson Street, Mason to Powell Streets, due to objections raised by the Port's merchant tenants. One of the objections was concern over the artists' increased competition to existing businesses.
   
   Finally, the Arts Commission's legislation to increase the street artist certificate fee, for the first time in twelve years, is scheduled for hearing by the Finance Committee of the Board of Supervisors on September 17th. 
   
   
7. New Business
   
   Street artists Linda Hagen and Sean Yore asked that the Commission consider pursuing locations for street artists along The Embarcadero.
   
   
8. Adjournment
   
   There being no further business, the meeting was adjourned at 4:22 p.m.
   

HL August 22, 2003