Street_Artists_Committee
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STREET ARTISTS COMMITTEE
Wednesday, November 8, 2006
3:00 p.m.
25 Van Ness Avenue, Suite 70
Minutes
Members present: Commissioners Alexander Lloyd, Jose Cuellar, P. J. Johnston
Members absent: none
Staff present: Street Artists Program Director Howard Lazar
Commissioner Lloyd, Chair, called the meeting to order at 3:02 p.m. At the request of Commissioner Lloyd, Commissioner Johnston chaired the meeting.
1. Street Artists Program Director’s Report.
Street Artists Program Director Howard Lazar submitted a request of Street Artist Bill Clark for an amendment to the Committee’s minutes of September 13, 2006.
Commissioner Johnston moved that the minutes of September 13, 2006 be amended by deleting from the third paragraph of Item 2 the statement “Street Artist Bill Clark stated that he had tried to get the merchants to attend today’s meeting” and by inserting the statement “Street Artist Bill Clark stated that he was disappointed that the Program Director did not notify the merchants about the hearing on the item because he had asked that the item be put on the agenda without requesting a motion in order for the merchants to express their opinions and the committee to hear the item without the pressure of having to take an immediate vote.” The motion was seconded by Commissioner Lloyd and unanimously approved.
2. Hearing and possible motion to approve issuance, renewal, suspension, or revocation of certificate
Manuel Loli – Certificate #6040. Alleged violations: (1) Selling items not of the artist’s own creation; (2) Selling items not certified by Arts Commission. (Hearing continued from October 11, 2006 meeting.)
Street Artist Program Director Lazar reported that on November 2, 2006, the Advisory Committee of Street Artists and Craftsmen Examiners, at the request of the Street Artists Committee, conducted a studio visit with Manuel Loli to verify whether he created all of the items for which he had been cited in violation. In addition, the Street Artists Program had provided an interpreter for Mr. Loli during the entire studio visit. However, the Advisory Committee had not yet published its findings, and none of the Advisory Committee’s members were able to be present for questioning at this, the November 8, 2006 hearing.
Commissioner Lloyd moved that the hearing with Mr. Loli be continued to the following month; the motion was seconded by Commissioner Johnston and unanimously approved.
Under public comment, Street Artist Michael Addario commented on the costs for the Program of having to provide an interpreter for Manuel Loli at his studio visit and each of his hearings.
Street Artist Edward Steneck stated that he vehemently objected to the Program’s having to provide an interpreter and that, in his opinion, Mr. Loli, with whom he had spoken for years, did not require one. Mr. Steneck called it a “sham” costing the other artists in the Program a good deal of money. He wanted to see a procedure established for the Program Director to require a test to verify the need for an interpreter for any artist requesting one.
3. Hearing and possible motion to approve proposal for Arts Commission to require chairperson of street artist Lottery Committee to attend all Street Artists Committee meetings. (Proposal submitted by street artists.)
Program Director Lazar stated that, after speaking with the submitters of the proposal, Street Artists Bill and Bob Clark, it was his understanding that the proposal was for the Arts Commission not to require but to request the chairperson of the Lottery Committee to attend the Street Artists Committee meetings.
Street Artist Bill Clark stated that the Program Director’s understanding was correct. The purpose would be for the Lottery Committee chairperson to be able to inform the artists of business discussed and/or acted on by the Street Artists Committee. He further stated that if the chairperson were unable to attend, another Lottery Committee member could be requested to attend; if no member were available, then a non-LotteryCommittee street artist could be asked to attend.
Street Artist Susan Pete stated that the proposal should be approved as a requirement; otherwise, Lottery Committee people would not be motivated to attend. She further commented that artists looked to Lottery Committee members for current Program information.
Street Artist Michael Addario stated that he started a Google group, now comprised of eighty street artists, for the sharing of Program information. The problem was that some street artists did not have computers, while others did not speak English, and therefore did not receive current information. Their only “lifeline” to such information, he said, was through the Lottery Committee members. He felt that the proposal from the Clarks, therefore, was a good idea.
Commissioner Lloyd stated that he favored changing the word “require” to “request” and leaving an option for the future strengthening of the proposal if necessary.
Commissioner Cuellar stated that he favored notifying all Lottery Committee members of Street Artists Committee meetings, as well as furnishing them with minutes of the meetings.
Program Director Lazar responded that, for years, he had sent Street Artists Committee agendas and other notices to Lottery Committee members for dissemination, but the Lottery Committee members stopped sharing the information with the other artists. Perhaps that was why the Clarks were urging the Commissioners to request Lottery members to attend.
Commissioner Lloyd stated that it would be a good step for the Program for the chairperson to attend, and that he wanted to meet with the chairperson.
Commissioner Johnston stated that he favored the word “request” over “require”, as he did not feel it would be appropriate for the Street Artists Committee to support the item as a requirement.
Street Artist Edward Steneck commented that most street artists are interested in what happens at the Street Artists Committee meetings, but they are not interested in spending the time and parking costs to attend. Many of the artists know that he, Mr. Steneck, attends regularly, and they approach him the next day for the information.
Mr. Clark stated that one reason he did not want to see the proposal as a requirement was because it would discourage some artists from being a Lottery Committee chairperson.
Street Artist Bob Clark stated that his brother and he were also suggesting that if a Lottery Committee chairperson or other member would not be able to attend, another member should be asked to take their place; in this way, the responsibility could be shared among the group of members. Furthermore, there would be no overtones of politics with the members’ simply reporting Street Artists Committee information to the rest of the artists.
Commissioner Johnston moved to replace the word “require” with the word “request” and to approve the proposal for the Arts Commission to request the chairperson of the street artist Lottery Committee to attend all Street Artists Committee meetings; the motion was seconded by Commissioner Cuellar and unanimously approved.
4. Hearing and possible motion to approve proposal to amend street artist lottery procedure to allow any street artist who misses a main lottery to be given a last number at the following day’s sign-in of the same lottery period. (Proposal submitted by street artists.)
Street Artist Bill Clark explained the current lottery procedure with respect to an artist receiving a “last number” after all other numbers are drawn. As long as the lottery sign-in process is occurring, anyone showing up late may be given a last number. He wanted to see that an artist with a last number would be able to use it on either the second or third day of a lottery period. This would be instead of the artist having to compete in a main lottery with other artists who had obtained their numbers the previous day and used their numbers to obtain spaces the previous day. Mr. Clark responded to questions from the Commissioners.
Program Director Lazar clarified lottery procedures with respect to artists of a main lottery retaining their ranking numbers for use in obtaining spaces on the following day.
Street Artist Michael Addario commented that this change in the lottery procedure would make the procedure more complicated. He opposed the proposal because the lottery no longer requires a street artist to be present in order to obtain a number; an artist is able to call another artist to put his name into the lottery and thereby obtain a number for him.
Street Artist Bob Clark stated that the whole concept of the proposal is to make it as easy as possible for the artists to obtain the best numbers. That was why, after twenty years of lottery procedure, his brother and he proposed an amendment, which was approved by the Arts Commission, to allow an artist to put another artist’s name into the lottery. But what about the artist who does not know anyone who could put his name in or is unable to reach anyone? All that was now being proposed, he said, was to extend the benefit of receiving a last number to the next day of a lottery period in order to make it more equitable for everyone.
Street Artist Susan Pete expressed agreement with Mr. Addario and urged the Commissioners to communicate the proposal and its issues before adopting it.
Further, more detailed, discussion ensued with the Clarks responding to questions by the Commissioners.
Commissioner Johnston acknowledged the concerns of Ms. Pete and Mr. Addario but expressed that he was moved by the argument that situations could arise from artists relying on other artists to put their names into a lottery. He felt that it was reasonable to try implementing the proposal; if does not work out, the Street Artists Committee could consider rescinding it.
Commissioner Lloyd commented that the one compelling argument was that there were artists who do not have friends or others who could enter their names into the lottery. It would only be fair to allow them a better opportunity to obtain a space on the following day. If it were found that the measure disrupts the lottery, he would be ready to review it with the possibility of rescinding it.
Commissioner Cuellar moved to adopt the proposal to amend the street artist lottery procedure to allow any street artist who misses a main lottery to be given a last number at the following day’s sign-in of the same lottery period; the motion was seconded by Commissioner Johnston and unanimously approved.
5. New Business
Street Artist Edward Steneck reiterated his earlier comment that the Program Director should establish a test to determine whether it would be necessary for the Program to hire an interpreter for a street artist’s violation hearing.
Program Director Lazar objected to this on the grounds that it would be prejudicial for him, as well as a conflict of interest, if he were to be the one to determine whether an artist he is prosecuting can understand or not understand English.
Commissioner Johnston commented that the cost to the Program of providing an interpreter would be insignificant compared with the costs incurred in a lawsuit filed against the Commission.
Mr. Steneck protested that if the Program had to provide such a service continuously, the costs would escalate and so would the artist’s license fees.
Mr. Lazar reported that Street Artists Bill Clark and Bob Clark had informed him that they had heard on the news of the existence of a governmental agency that would provide interpreters without charge to persons who could not speak English. Mr. Lazar wanted to pursue this. The Commissioners asked him to look into it.
Street Artist Bob Clark stated that, if it is found that the Commission is responsible for providing interpreters, a system has already been established whereby the Commission can recover such costs. When the Commission finds an artist in violation, it can transmit this information to the District Attorney, who can then file criminal charges. If the artist is fined, the collected fine can revert to the Street Artists Program. He urged the Commissioners to send their findings of violation hearings to the District Attorney.
There being no further business, Commissioner Lloyd adjourned the meeting at 3:55 p.m.
Respectfully submitted:
Howard Lazar
Street Artists Program Director
January 3, 2007
