September 14, 2011
Street Artists Committee - September 14, 2011
Members present: Greg Chew, Chair, Amy Chuang, Sherene Melania, John Calloway
Members absent: Jessica Silverman
Staff present: Interim Director of Cultural Affairs JD Beltran, Street Artists Program Director Howard Lazar, Street Artists Program Assistant Alyssa Licouris
The meeting began at 3 p.m. with Commissioner Chew thanking Commissioner Chuang for her impromptu interpretation at the last meeting. He also stated that an interpreter was present at today’s meeting.
Program Director Howard Lazar stated that Chia Ying Fong and Zhenhui Feng’s hearings have been postponed until November since their attorney asked to continue their hearings due to a family emergency. Mr. Lazar reported that Jie Qing Ma, Xiu Shi, Li Li Zhang and Sak Yee were present. Ms. Wan Ling Li was not present.
1. Discussion. Street Artists Program Director’s Report:
Street Artists Program Director Lazar reported on the following:
Bold Italic article: The article profiled seven street artists (Amos Goldbaum, John Thomley, Linda LaTouche, Brennan Kane, Katie Carrin, Walter Molina, Stephen Phillips) asking them how they got involved in the program.
Chinese Delegation: Mr. Lazar was asked by Interim Director of Cultural Affairs JD Beltran to speak in front of a second Chinese Delegation from Guangzhou along with other Program Directors. They spoke about general arts and the street artists program.
Advisory Committee Vacancies: Mr. Lazar reported that there are two vacancies on the Advisory Committee of Street Artists and Crafts Examiners. Ms. Alyssa Licouris posted the job announcement on the Arts Commission website. The Street Artists Program Commissioners will interview candidates and submit three candidates for each slot to the Mayor.
Hari Thomas: Mr. Lazar’s first assistant from 1976-1982, Hari Thomas, passed away. Mr. Lazar stated that he was a great printmaker and photographer.
Enforcement Measures: There were four notices sent to artists requesting rescreening. One studio visit will be scheduled for next month. Nine written warnings were sent to street artists at various locations. Mr. Lazar had three meetings with street artists to help resolve their disputes.
F-Line Proposal: At last Monday’s Full Arts Commission meeting, Mr. Lazar presented the proposal from street artist James Millard and other artists dealing with the placement of a platform for the F line on Beach Street. Mr. Lazar and the artists are recommending to San Francisco Municipal Transportation Agency and National Park Service that the platform be moved one block west of the artists’ spaces.
2. Action. Hearing and possible motion to approve Program Director’s recommendations of denial of certificate or renewal of the following certificate-holders for allegedly selling items of commercially manufactured pendants and bead craft jewelry, constituting the following alleged violations: (1) Displaying items not in accord with Arts Commission criteria; (2) Displaying items not of the artist’s own creation; and (3) Displaying items not certified by the Arts Commission:
Chia Ying Fong – Certificate #3616: Hearing was continued to the next Street Artists Committee meeting.
Jie Qing (Mabel) Ma – Certificate #7734: Mr. Lazar reported that the City Attorney advised that the Commissioners hear each artist case on a case-by-case basis. Mr. Lazar explained that the Advisory Committee is assigned to monitor the street artists in their locations to make sure they’re selling what they’re licensed to sell and following the criteria guidelines. The Advisory Committee members use a checklist when there is a complaint; one copy is given to the street artists and one copy is given to the Street Artists Program office. These forms were given to these seven street artists selling bead craft of various violations such as commercial pendants on a cord with no additions or pendant earrings on an ear wire. Mr. Lazar noted that the Street Artists Program does allow selling commercial pendants but the pendant must be an integral part of the whole item. A pendant, according to Mr. Lazar, is a dominant, focal object. He explained that the usage of a pendant is illegal when it either is not significantly altered or if it’s the major, dominant piece of the item to attract the eye. Mr. Lazar decided these artists would also receive an invitation for June 16th informational meeting of the Advisory Committee members where the Committee members and Mr. Lazar explained the beadcraft and pendant criteria. Also at the meeting, street artist Tad Sky presented samples of beadcraft to illustrate what is allowed and not allowed. Mr. Lazar presented minutes and photos of the informational meeting to the Commissioners. Mr. Lazar confirmed that all artists except Wan Ling Li had attended. The Advisory Committee had taken pictures of each artist’s display of beadcraft. Everyone, Mr. Lazar stated, was satisfied that communication took place at the meeting.
Mr. Lazar confirmed from Commissioner Chew’s question that the June meeting was done only in English.
On July 19, 2011, Mr. Lazar received an e-mail complaint against each of the seven street artists stating that the screening committee at the June 16th meeting had said they were in violation. Violations, said the complaint, should be considered a ‘serious’ violation, according to the “Bluebook”, which threatens the integrity of the program. Mr. Lazar stated the complaint reminded the office of the standard penalty which is two months for this type of violation. Mr. Lazar reminded the Commissioners that they can either mitigate or increase the penalty just as they’ve done in the past. Mr. Lazar noted that he wanted to defer to the Commissioners for help in the decision. Mr. Lazar stated that the complainer was present and asked them to allow him to speak.
Commissioner Chew decided to accept the recommendation from the City Attorney’s office to take each artist case by case. Commissioner Melania clarified that everyone except Ms. Wan Ling Li attended the informational meeting. Commissioner Chew asked Mr. Lazar if the seven street artists have valid permits, which Mr. Lazar confirmed.
Commissioner Chew asked Mr. Lazar the protocol for the hearing. Mr. Lazar responded that he should speak first, then Mr. William Clark, and then Ms. Ma. Commissioner Calloway asked the protocol about the complainer speaking to which Mr. Lazar said that the committee has always taken comments from the complainer.
Mr. Lazar reviewed the information regarding Ms. Ma’s violation. The checklist issued by the Advisory Committee, he said, stated that she was selling “commercial earrings with or without little bead embellishments” and included a photo. Ms. Ma did attend the informational meeting. Mr. Lazar presented photos which the Advisory Committee took at the meeting identifying what Ms. Ma could and could not sell.
Mr. William Clark presented the Commissioners with a CD copy of the audio of the informational hearing. He stated that he was appointed by Mayor Alioto to serve on the first Advisory Committee. He explained what constituted non-serious and serious violations. According to the “Bluebook”, he stated, a serious violation is when it “significantly threatens the integrity of the program”. Mr. Clark stated that all of these artists were found in violation by the Advisory Committee and that they found that Ms. Ma’s commercial pendants did not qualify. This type of violation, Mr. Clark stated, should have received a suspension of two months since it was a serious violation. Integrity of the program, he said, is being threatened by commercial manufacturers selling commercial pendants and street artists then selling products they don’t make themselves. Mr. Clark reminded the Commissioners that Ms. Ma was found in violation by the Advisory Committee and that Ms. Ma admitted to selling these commercial items.
Ms. Mabel Ma was called first before the Commissioners and questioned with the help of translator Amanda Chen. Ms. Ma stated she is confused and shocked as to why she was brought in front of the Commissioners since she says she makes all of her items herself.
From Commissioner Chew’s questions, Ms. Ma confirmed that she received a checklist from two individuals on April 19, 2011. Mr. Lazar stated she received a warning with an invitation for the informational meeting.
Commissioner Melania asked Mr. Lazar to clarify the purpose of the meeting. Mr. Lazar stated that it was an educational meeting. Mr. Lazar also agreed that he’s confident that the artists present did understand the criteria. Mr. Calloway asked if there had been an interpreter at the informational meeting to which Mr. Lazar said there had not been an interpreter.
Ms. Ma confirmed that she did understand what she is and isn’t allowed to sell as well as what she has been approved to sell.
Commissioner Calloway asked Mr. William Clark what the CD contained that he presented to the Commissioners. Mr. Clark stated it contained hearings. Mr. Lazar clarified that it is an audio recording of the informational meeting.
Commissioner Calloway asked if there was any evidence of Ms. Ma selling items not approved. Mr. Lazar replied that she only has received the checklist. Mr. Lazar noted that a checklist might not be considered sufficient evidence to send it for a hearing since there were no accompanying photos.
Ms. Ma confirmed that she would not sell illegal things since she doesn’t have a license for those items.
Commissioner Calloway reconfirmed the chain of events: Advisory Committee issues checklist; the informational meeting; then complaint letter from Mr. Clark. Commissioner Chuang said she was confused that Ms. Ma said the merchandise wasn’t hers.
Ms. Ma said she received a letter and made an effort to become prepared prior to the informational meeting.
Mr. Lazar explained that Ms. Ma brought merchandise to show the Advisory Committee to see how she made her craft and if it qualified under the criteria. Mr. Lazar confirmed that she brought the items because the Advisory Committee had asked her to.
Commissioner Calloway asked Mr. Clark why he hadn’t taken any photos. Mr. Clark stated he wasn’t at the informational meeting and just heard that the Advisory Committee called the artists into the meeting because they had been in violation. Mr. Clark stated that he didn’t see these street artists selling not approved items. His complaint was based on the Advisory Committee citing her on the street.
Mr. Tad Sky stated he was at the meeting and that he believes that the artists were asked to bring in their work and were told by the Advisory Committee what was approved and what was not approved. Some artists, Mr. Sky stated, didn’t bring their artwork in for what was being cited but it was mostly work that was on their display at the time of the meeting.
Mr. Lazar confirmed that the complaint was received July 19, 2011 from Mr. Clark stating that after he listened to the audio recording, he said he heard the Advisory Committee say these artists were in violation and that the Arts Commission should penalize them since they committed a serious violation. Interim Director of Cultural Affairs Beltran asked if Mr. Clark had seen Ms. Ma sell illegal items. Mr. Clark said no.
Mr. Clark reiterated that his complaint was based on the Advisory Committee’s observations found on the street. At the informational meeting, the Advisory Committee testified that they saw the artists with items that they didn’t make or weren’t approved. Mr. Clark stated that these types of violations require a two (2) month suspension.
Mr. Robert Clark stated that he has made many complaints against individuals before. He resented the term “informational” meeting. He stated he believes the meeting was to explain to the artists that they were found in violation and it was explained what they could sell and what they couldn’t sell. Furthermore, on the audio recording, he stated, there are interpreters for the artists and that they understood what was said at the meeting.
Mr. John Tunui, Market Manager at Justin Herman Plaza, stated he believed that there was a good faith effort to bring artists in to make sure they understood the rules. He reminded the Commissioners that there could only be a case against them if they violated after the meeting.
Mr. Lazar confirmed that he and the three Advisory Committee members were present at the informational meeting. Mr. Lazar reported that the result of the meeting was that the Advisory Committee was satisfied that the artists understood what was allowed or not allowed to sell and there was no further warning or citation issued.
Ms. Maria Hillius stated that the artists and staff need to trust in the Advisory Committee about the artists’ complaints. It is their job to monitor, she stated, so the staff can take action.
Commissioner Calloway stated he understood that the informational meeting was used as a “default warning”.
Commissioner Chew added it was a good faith effort and that Ms. Ma has complied with the rules since the meeting. Commissioner Calloway showed Ms. Ma the ‘not approved’ items from the minutes and asked if she had sold any such items. She stated she had not.
Commissioner Melania pointed out that she thinks Ms. Ma shouldn’t get a suspension because she hadn’t violated after the informational meeting.
Commissioner Melania motioned to dismiss the charge against Ms. Ma with an official warning stating that if she is found in the future selling illegal items, Ms. Ma’s license will be suspended; Commissioner Chuang seconded.
The motion passed unanimously.
Zhenhui Feng – Certificate #7911: Hearing was continued to the next Street Artists Committee meeting.
Xiu Shi – Certificate #7548: Ms. Shi was called before the Commissioners with her brother Bill Shi acting as her translator. In addition, the Street Artists Program provided her with a professional interpreter, Amanda Chen. Mr. Lazar presented her checklist on April 19, 2011 which stated that Ms. Shi was caught selling “commercial pendant earrings with no embellishments” along with photos from the June 16, 2011 informational meeting of her displayed items. Based on the checklist, Mr. Lazar stated, Ms. Shi was notified to come to the informational meeting on June 16, 2011 which she attended. Mr. Shi confirmed he attended as well. In the minutes of the June 16, 2011, the Advisory Committee stated “artist will refrain from displaying commercial pendant earrings having little or no artist’s work” which means that she has to use bigger beads or additional beads with the pendant so it isn’t a focal point for an earring or necklace. Also, the Advisory Committee noted Ms. Shi was “approved as noted in the text”.
Mr. William Clark pointed out that Advisory Committee member Susan Tibbon wrote the violation and she noted that over 25 pairs were illegal plus the artist was found selling illegal items two previous times. Mr. Clark reminded the Commissioners that according to the “Bluebook” rules, displaying items not of artist’s own creation, items not within criteria and not certified by Arts Commission means it’s a serious violation since they “significantly threaten the integrity of the Arts Commission”. He read from the “Bluebook” that the standard penalty “shall” be a two-month suspension.
Mr. Bill Shi denied what Mr. Clark said and stated there is no picture proof accompanying the checklist. Mr. Shi stated that some customers ask for special orders which involve fewer beads and that, he said, could constitute a violation. He stated that she would not put such minimal items on her display and hasn’t since the informational meeting. He stated that Ms. Shi understood the criteria after the informational meeting.
Mr. Lazar stated that Ms. Shi was only sent the notice to attend the informational meeting. He stated that there are no previous warnings in her file although the Advisory Committee gave her a copy of the checklist.
Commissioner Melania wanted to clarify the role of the checklist. A warning, said Mr. Lazar, would come from the staff and would state what the artist did wrong; there would be attached the checklist or photographs. Ms. Shi did confirm (through Mr. Shi) that she received a checklist.
Mr. Robert Clark stated that the “Bluebook” states that “this type of infraction doesn’t require a warning”. According to the recording of the informational meeting, the Advisory Committee members said that Ms. Shi had over 25 illegal items on her table. Mr. Clark stated that a serious violation like that of Ms. Shi’s should automatically be given a suspension for two (2) months.
Mr. Shi stated that the inspectors have their own standard of how to inspect.
Commissioner Calloway agreed that Ms. Shi’s case sounded similar to Ms. Ma’s case. Commissioner Chuang agreed.
Commissioner Melania motioned to dismiss the alleged case against Ms. Shi with an official warning stating that if she is found in the future selling illegal items, Ms. Shi’s license will be suspended.
Commissioner Melania asked Ms. Shi, through the interpreter, Amanda Chen, if she understood what she is allowed to sell and that she will continue to sell what she was approved for by the Advisory Committee. Ms. Shi agreed.
Mr. Lazar reminded Ms. Shi that if she has any questions regarding criteria, she can ask the Advisory Committee or Mr. Lazar himself. Commissioner Chew reminded Ms. Shi that this is serious matter and she could be penalized.
Interim Director of Cultural Affairs Beltran had the interpreter, Ms. Chen, explain to Ms. Shi that if she sells items not approved by the Advisory Committee, her license will be suspended.
Commissioner Melania motioned to dismiss the alleged case against Ms. Shi with an official warning stating that if she is found in the future selling illegal items, Ms. Shi’s license will be suspended; Commissioner Calloway seconded the motion.
The motion is unanimously approved.
Wan Ling Li – Certificate #6084: Mr. Lazar stated that Ms. Li was not present but the Arts Commission’s procedures allow the Street Artists Committee to move forward with a hearing even if the defendant isn’t present. Mr. Lazar stated that Ms. Li received two previous warnings: July 14, 2010 for which she had sold pendants on cords, and May 18, 2011 for which she sold pendant earrings lacking any adornment. Mr. Lazar stated she didn’t attend the informational meeting or today’s hearing even though she was sent a letter informing her that staff wouldn’t renew her license. Mr. Lazar presented a photo taken by the Advisory Committee pointing out specific commercially manufactured pieces. He said that an Advisory Committee member went to the gift center and took photos of similar items being sold. Mr. Lazar believed there is evidence for this case and that Ms. Li has not made a good faith effort to remedy her violations. Mr. Lazar asked to make a motion to find her in violation for selling items she did not create as well as a motion for imposing a two-month suspension.
Commissioner Calloway asked if Ms. Li notified the Street Artists Program that she would not be attending either the hearing or informational meeting. Mr. Lazar said she had not. Mr. Lazar confirmed that the Street Artists Program sent Ms. Li hard copy letters and that their envelopes had not returned as “return to sender”.
Mr. Lazar reconfirmed for Commissioner Chew that Ms. Li was in violation and he had submitted photographic evidence of Ms. Li’s violations.
Commissioner Melania agreed that Ms. Li has had consistent violations and that she didn’t try to rectify her actions.
Commissioner Calloway stated that the case is similar to that of other artists but he was wary to give this artist a harsher punishment even though her case was more egregious.
Commissioner Melania reminded Commissioner Calloway of Ms. Li’s previous two violations and that she didn’t respond to the informational meeting or hearing.
Mr. Lazar confirmed that the letter to Ms. Li said that the Commissioners were able to proceed with her hearing if she did not attend. From Commissioner Chew’s question, Mr. Lazar stated that Ms. Li’s certificate is valid until May 3, 2012.
Commissioner Chew asked for public comment.
Mr. William Clark reminded the Commissioners that the Advisory Committee had found Ms. Li in violation and that she was given two previous warnings even though the “Bluebook” rules require this type of violation to go directly to a hearing with the Commissioners. He stated that at this hearing, it would be the Commissioner’s jobs to decide on a penalty. Since Ms. Li was given previous warnings, Mr. Clark stated, he thinks that a two month suspension would be inappropriate [insufficient].
Mr. John Tunui, Justin Herman Plaza Market Manager, announced that street artists themselves had talked to Ms. Li about the meeting, so she was informed about it.
Mr. Tad Sky stated that Ms. Li, more than any other violator at Justin Herman Plaza, sells the most illegal items. Many artists have made personal complaints about her and other artists have asked the Advisory Committee members to check her display many times.
Commissioner Chew motioned that Ms. Li be found in violation for displaying items not of the artist’s own creation; and that Ms. Li’s certificate be suspended for two (2) months; Commissioner Melania seconded the motion.
The motion was passed with Commission Calloway abstaining from the vote.
Li Li Zhang – Certificate #8129: The Street Artists Program provided interpreter Amanda Chen for Ms. Zhang. Mr. Lazar reported that Ms. Zhang received the Advisory Committee’s checklist on May 18, 2011. Ms. Zhang, Mr. Lazar reported, was requested to attend the June 16, 2011 meeting which she attended. Mr. Lazar submitted photos from the June 16, 2011 meeting which showed items of hers that were approved and not approved. Mr. Lazar explained that the beads acting as pendants she was using still remained to be a dominant, focal point. Mr. Lazar read a portion of the June 16, 2011 minutes referring to Ms. Zhang which stated, “artist may not display single element bead necklaces or earrings particular those items bearing commercial colored dyes, superimposed designs and a few tiny beads”. Mr. Lazar reported that at the June 16, 2011 meeting, Ms. Zhang was showed what she could and could not sell.
Commissioner Calloway confirmed that Ms. Zhang’s case is similar to those of the previous artists who received the complaint after receiving a warning and attending the informational meeting. Mr. Lazar reported that he has no record of her not complying after the informational meeting; and that the Advisory Committee confirmed that none of the artists besides Ms. Wan Ling Li has been in violation since the meeting.
Commissioner Calloway asked Ms. Zhang if she knows what she is approved to sell and not sell having attended from the informational meeting. Ms. Zhang stated she did. Commissioner Calloway asked Ms. Zhang if she had sold unapproved items on any day after the informational meeting. Ms. Zhang responded that the last time she sold was in August and did not sell unapproved items on that day.
Commissioner Melania reminded Ms. Zhang that she must only sell what’s been approved by the Advisory Committee and that if she has a question about her item, she must present it to the Committee before selling it. Ms. Zhang agreed.
Ms. Zhang explained that every time she purchases individual components, the seller tells her they are beads, not pendants. Commissioner Melania reminded Ms. Zhang that her question must asked to the Advisory Committee or Mr. Lazar since Commissioners are only establishing if an artist is following the rules of the Street Artists Program.
Mr. William Clark stated that according to the recording of the informational meeting, the Advisory Committee had found Ms. Zhang in violation once before. Her violation, he said, was for selling commercial earrings with not enough embellishment and that this type of violation should constitute a two-month suspension since it is a serious violation. He stated that some artists have been given warnings before for serious violations which should have gone directly to the Commissioner’s committee. Mr. Clark complained about a lack of enforcement as artists continue to sell illegal items. He stated that these types of violations threaten integrity of the program and the credibility of other artists. He requested in the future that Advisory Committee and staff send these types of violations for hearings to make sure this doesn’t happen in the future.
Ms. Debra King, street artist, stated that Mr. Clark was incorrect in stating that these artists in question had been found in violation after the informational meeting. She said that these artists have been in compliance since the meeting.
Mr. Clark stated that he did not say that.
Mr. Danny Zhang, Li Li Zhang’s husband, reported that Ms. Zhang corrected what she did wrong and only sold on August 31, 2011. He stated that she couldn’t have received a complaint in July if she wasn’t selling.
Mr. Robert Clark disputed what Ms. King said about Mr. William’s Clark statement. He asked Mr. Tad Sky if he was present at the informational meeting and if he stated that Ms. Zhang’s husband is a wholesaler which Mr. Tad Sky confirmed both. Mr. Clark stated that a major problem for the program is that wholesalers enter the program to sell their merchandise. Mr. Clark accused Ms. Zhang of being a salesperson for her husband.
Commissioner Melania stated that there is no evidence that Ms. Zhang was found in violation and that she’s been found in compliance.
Mr. Clark interrupted Commissioner Melania and Commissioner Chew while they were making conclusions about Ms. Zhang’s case and while they were trying to make a motion. Mr. Clark continued talking.
Commissioner Chew stated that Mr. William Clark is out of order. Interim Director of Cultural Affairs Beltran stated he already used his three minutes of public speaking. Commissioner Chew asked Mr. Clark to leave the building. Mr. Clark was escorted out of the room by a police officer attending the meeting.
Commissioner Melania motioned that Ms. Li Li Zhang be not found in violation and the charge against Li Li Zhang be dismissed with an official warning stating that if she is found in the future selling illegal items, Ms. Zhang’s license will be suspended. Commissioner Calloway seconded.
The motion was unanimously approved.
Sak Yee – Certificate #8397: The Street Artists Program provided interpreter, Amanda Chen for Mr. Yee. Mr. Lazar reported that no warnings have been given to Mr. Yee. On May 8, Mr. Yee received a checklist from the Advisory Committee for questionable earrings. According to the minutes of the June 16, 2011 meeting, he attended the meeting and he was approved for “multi-element, hand wrought wire earrings, necklaces, bracelets.” Mr. Lazar presented the photos of Mr. Yee’s items show at the June 16, 2011 meeting which did not show any products that were not approved. The May 8, 2011 photos of his street display that Mr. Lazar presented to the Commissioners show only one pendant on an ear wire which is why Mr. Yee was asked to come to the informational meeting.
From Commissioner Calloway’s questions, Mr. Yee confirmed he had not sold any illegal items since the June 16, 2011 meeting, and that he understood the reason why he was called to the meeting.
Mr. Yee explained that he made the pair of single pendant earrings for his daughter and that she had mistakenly put the earrings on his display. Mr. Yee stated he explained this to the Advisory Committee but he said they didn’t believe him. He said he keeps a news article with him because it talks about street artists who are in the program that make their work as well as illegal vendors who are trying to sell items they do not make.
Commissioner Chew asked for public comment.
Ms. Edelweiss Yee, Mr. Yee’s daughter, explained that the earrings in the photos belonged to her. She added that if her father had been intentionally trying to sell manufactured products, his whole table would have been covered with these items and not just the two pieces.
Mr. Robert Clark reminded the Commissioners that the Advisory Committee had found Mr. Yee in violation since it is their job to keep illegal things out of the program. The Street Artists Program spent $500 to bring these artists into a meeting to explain to them that what they’re selling is not approved. He stated that there was already a system in place where serious violations get automatic two-month suspensions. He stated that he was entering the Advisory Committee’s testimony and hearing as evidence against these artists.
Mr. Yee asked that the artists try to be nice to each other and talk to each other to fix the problem.
Mr. Ralph Anderson stated he is a fellow street artist and Mr. Yee’s best friend. He stated that Mr. Yee’s display contains 200 pairs of earrings and the Advisory Committee only found one to two pairs that didn’t conform. Mr. Anderson said he believes that Mr. Yee has every desire to conform to the rules.
Ms. Maria Hillius commented on Mr. Yee’s statement. She stated she believed that artists’ wares should be checked multiple times which is why, she said, the Advisory Committee monitors to see if artists comply. She stated that it takes many times for artists to understand what they’re doing is wrong.
Commissioner Chew motioned to dismiss the charge; Commissioner Melania seconded the motion.
The motion was unanimously approved.
Commissioner Calloway requested that there be a discussion about the hearing process in the “Bluebook” since he based his actions on the fact that the hearing acted as a defacto dismissal.
3. Discussion. New Business/Public Comment.
Mr. Tad Sky stated that he felt Mr. Lazar’s intention to bring these violators to the informational meeting was good, but that they were in fact in violation. Mr. Sky stated that the meeting had good intention but that it was probably a bad idea because it confused the artists with the violation process. Mr. Sky asked to see more Advisory Committee monitoring on the street since there is a multiplier effect when there are illegal items.
Mr. Robert Clark commended those people for trying to save the Beach Street spaces. He wanted to announce that William Clark was the author of Proposition J which helped obtain the Beach Street spaces for the past 36 years.
Ms. Mabel Ma asked what she is supposed to do when a customer has a special request for jewelry. Mr. Lazar suggested that she should make the deal at her home and not from her street artist display.
Commissioner Chew adjourned the meeting at 4:57 p.m.
Respectfully submitted:
Alyssa Licouris, Street Artists Program Assistant
Minutes approved:
Howard Lazar, Street Artists Program Director
10/13/11
STREET ARTISTS COMMITTEE
Wednesday, September 14, 2011
3:00 p.m.
25 Van Ness Avenue, Suite 70
Minutes
Members present: Greg Chew, Chair, Amy Chuang, Sherene Melania, John Calloway
Members absent: Jessica Silverman
Staff present: Interim Director of Cultural Affairs JD Beltran, Street Artists Program Director Howard Lazar, Street Artists Program Assistant Alyssa Licouris
The meeting began at 3 p.m. with Commissioner Chew thanking Commissioner Chuang for her impromptu interpretation at the last meeting. He also stated that an interpreter was present at today’s meeting.
Program Director Howard Lazar stated that Chia Ying Fong and Zhenhui Feng’s hearings have been postponed until November since their attorney asked to continue their hearings due to a family emergency. Mr. Lazar reported that Jie Qing Ma, Xiu Shi, Li Li Zhang and Sak Yee were present. Ms. Wan Ling Li was not present.
1. Discussion. Street Artists Program Director’s Report:
Street Artists Program Director Lazar reported on the following:
Bold Italic article: The article profiled seven street artists (Amos Goldbaum, John Thomley, Linda LaTouche, Brennan Kane, Katie Carrin, Walter Molina, Stephen Phillips) asking them how they got involved in the program.
Chinese Delegation: Mr. Lazar was asked by Interim Director of Cultural Affairs JD Beltran to speak in front of a second Chinese Delegation from Guangzhou along with other Program Directors. They spoke about general arts and the street artists program.
Advisory Committee Vacancies: Mr. Lazar reported that there are two vacancies on the Advisory Committee of Street Artists and Crafts Examiners. Ms. Alyssa Licouris posted the job announcement on the Arts Commission website. The Street Artists Program Commissioners will interview candidates and submit three candidates for each slot to the Mayor.
Hari Thomas: Mr. Lazar’s first assistant from 1976-1982, Hari Thomas, passed away. Mr. Lazar stated that he was a great printmaker and photographer.
Enforcement Measures: There were four notices sent to artists requesting rescreening. One studio visit will be scheduled for next month. Nine written warnings were sent to street artists at various locations. Mr. Lazar had three meetings with street artists to help resolve their disputes.
F-Line Proposal: At last Monday’s Full Arts Commission meeting, Mr. Lazar presented the proposal from street artist James Millard and other artists dealing with the placement of a platform for the F line on Beach Street. Mr. Lazar and the artists are recommending to San Francisco Municipal Transportation Agency and National Park Service that the platform be moved one block west of the artists’ spaces.
2. Action. Hearing and possible motion to approve Program Director’s recommendations of denial of certificate or renewal of the following certificate-holders for allegedly selling items of commercially manufactured pendants and bead craft jewelry, constituting the following alleged violations: (1) Displaying items not in accord with Arts Commission criteria; (2) Displaying items not of the artist’s own creation; and (3) Displaying items not certified by the Arts Commission:
Chia Ying Fong – Certificate #3616: Hearing was continued to the next Street Artists Committee meeting.
Jie Qing (Mabel) Ma – Certificate #7734: Mr. Lazar reported that the City Attorney advised that the Commissioners hear each artist case on a case-by-case basis. Mr. Lazar explained that the Advisory Committee is assigned to monitor the street artists in their locations to make sure they’re selling what they’re licensed to sell and following the criteria guidelines. The Advisory Committee members use a checklist when there is a complaint; one copy is given to the street artists and one copy is given to the Street Artists Program office. These forms were given to these seven street artists selling bead craft of various violations such as commercial pendants on a cord with no additions or pendant earrings on an ear wire. Mr. Lazar noted that the Street Artists Program does allow selling commercial pendants but the pendant must be an integral part of the whole item. A pendant, according to Mr. Lazar, is a dominant, focal object. He explained that the usage of a pendant is illegal when it either is not significantly altered or if it’s the major, dominant piece of the item to attract the eye. Mr. Lazar decided these artists would also receive an invitation for June 16th informational meeting of the Advisory Committee members where the Committee members and Mr. Lazar explained the beadcraft and pendant criteria. Also at the meeting, street artist Tad Sky presented samples of beadcraft to illustrate what is allowed and not allowed. Mr. Lazar presented minutes and photos of the informational meeting to the Commissioners. Mr. Lazar confirmed that all artists except Wan Ling Li had attended. The Advisory Committee had taken pictures of each artist’s display of beadcraft. Everyone, Mr. Lazar stated, was satisfied that communication took place at the meeting.
Mr. Lazar confirmed from Commissioner Chew’s question that the June meeting was done only in English.
On July 19, 2011, Mr. Lazar received an e-mail complaint against each of the seven street artists stating that the screening committee at the June 16th meeting had said they were in violation. Violations, said the complaint, should be considered a ‘serious’ violation, according to the “Bluebook”, which threatens the integrity of the program. Mr. Lazar stated the complaint reminded the office of the standard penalty which is two months for this type of violation. Mr. Lazar reminded the Commissioners that they can either mitigate or increase the penalty just as they’ve done in the past. Mr. Lazar noted that he wanted to defer to the Commissioners for help in the decision. Mr. Lazar stated that the complainer was present and asked them to allow him to speak.
Commissioner Chew decided to accept the recommendation from the City Attorney’s office to take each artist case by case. Commissioner Melania clarified that everyone except Ms. Wan Ling Li attended the informational meeting. Commissioner Chew asked Mr. Lazar if the seven street artists have valid permits, which Mr. Lazar confirmed.
Commissioner Chew asked Mr. Lazar the protocol for the hearing. Mr. Lazar responded that he should speak first, then Mr. William Clark, and then Ms. Ma. Commissioner Calloway asked the protocol about the complainer speaking to which Mr. Lazar said that the committee has always taken comments from the complainer.
Mr. Lazar reviewed the information regarding Ms. Ma’s violation. The checklist issued by the Advisory Committee, he said, stated that she was selling “commercial earrings with or without little bead embellishments” and included a photo. Ms. Ma did attend the informational meeting. Mr. Lazar presented photos which the Advisory Committee took at the meeting identifying what Ms. Ma could and could not sell.
Mr. William Clark presented the Commissioners with a CD copy of the audio of the informational hearing. He stated that he was appointed by Mayor Alioto to serve on the first Advisory Committee. He explained what constituted non-serious and serious violations. According to the “Bluebook”, he stated, a serious violation is when it “significantly threatens the integrity of the program”. Mr. Clark stated that all of these artists were found in violation by the Advisory Committee and that they found that Ms. Ma’s commercial pendants did not qualify. This type of violation, Mr. Clark stated, should have received a suspension of two months since it was a serious violation. Integrity of the program, he said, is being threatened by commercial manufacturers selling commercial pendants and street artists then selling products they don’t make themselves. Mr. Clark reminded the Commissioners that Ms. Ma was found in violation by the Advisory Committee and that Ms. Ma admitted to selling these commercial items.
Ms. Mabel Ma was called first before the Commissioners and questioned with the help of translator Amanda Chen. Ms. Ma stated she is confused and shocked as to why she was brought in front of the Commissioners since she says she makes all of her items herself.
From Commissioner Chew’s questions, Ms. Ma confirmed that she received a checklist from two individuals on April 19, 2011. Mr. Lazar stated she received a warning with an invitation for the informational meeting.
Commissioner Melania asked Mr. Lazar to clarify the purpose of the meeting. Mr. Lazar stated that it was an educational meeting. Mr. Lazar also agreed that he’s confident that the artists present did understand the criteria. Mr. Calloway asked if there had been an interpreter at the informational meeting to which Mr. Lazar said there had not been an interpreter.
Ms. Ma confirmed that she did understand what she is and isn’t allowed to sell as well as what she has been approved to sell.
Commissioner Calloway asked Mr. William Clark what the CD contained that he presented to the Commissioners. Mr. Clark stated it contained hearings. Mr. Lazar clarified that it is an audio recording of the informational meeting.
Commissioner Calloway asked if there was any evidence of Ms. Ma selling items not approved. Mr. Lazar replied that she only has received the checklist. Mr. Lazar noted that a checklist might not be considered sufficient evidence to send it for a hearing since there were no accompanying photos.
Ms. Ma confirmed that she would not sell illegal things since she doesn’t have a license for those items.
Commissioner Calloway reconfirmed the chain of events: Advisory Committee issues checklist; the informational meeting; then complaint letter from Mr. Clark. Commissioner Chuang said she was confused that Ms. Ma said the merchandise wasn’t hers.
Ms. Ma said she received a letter and made an effort to become prepared prior to the informational meeting.
Mr. Lazar explained that Ms. Ma brought merchandise to show the Advisory Committee to see how she made her craft and if it qualified under the criteria. Mr. Lazar confirmed that she brought the items because the Advisory Committee had asked her to.
Commissioner Calloway asked Mr. Clark why he hadn’t taken any photos. Mr. Clark stated he wasn’t at the informational meeting and just heard that the Advisory Committee called the artists into the meeting because they had been in violation. Mr. Clark stated that he didn’t see these street artists selling not approved items. His complaint was based on the Advisory Committee citing her on the street.
Mr. Tad Sky stated he was at the meeting and that he believes that the artists were asked to bring in their work and were told by the Advisory Committee what was approved and what was not approved. Some artists, Mr. Sky stated, didn’t bring their artwork in for what was being cited but it was mostly work that was on their display at the time of the meeting.
Mr. Lazar confirmed that the complaint was received July 19, 2011 from Mr. Clark stating that after he listened to the audio recording, he said he heard the Advisory Committee say these artists were in violation and that the Arts Commission should penalize them since they committed a serious violation. Interim Director of Cultural Affairs Beltran asked if Mr. Clark had seen Ms. Ma sell illegal items. Mr. Clark said no.
Mr. Clark reiterated that his complaint was based on the Advisory Committee’s observations found on the street. At the informational meeting, the Advisory Committee testified that they saw the artists with items that they didn’t make or weren’t approved. Mr. Clark stated that these types of violations require a two (2) month suspension.
Mr. Robert Clark stated that he has made many complaints against individuals before. He resented the term “informational” meeting. He stated he believes the meeting was to explain to the artists that they were found in violation and it was explained what they could sell and what they couldn’t sell. Furthermore, on the audio recording, he stated, there are interpreters for the artists and that they understood what was said at the meeting.
Mr. John Tunui, Market Manager at Justin Herman Plaza, stated he believed that there was a good faith effort to bring artists in to make sure they understood the rules. He reminded the Commissioners that there could only be a case against them if they violated after the meeting.
Mr. Lazar confirmed that he and the three Advisory Committee members were present at the informational meeting. Mr. Lazar reported that the result of the meeting was that the Advisory Committee was satisfied that the artists understood what was allowed or not allowed to sell and there was no further warning or citation issued.
Ms. Maria Hillius stated that the artists and staff need to trust in the Advisory Committee about the artists’ complaints. It is their job to monitor, she stated, so the staff can take action.
Commissioner Calloway stated he understood that the informational meeting was used as a “default warning”.
Commissioner Chew added it was a good faith effort and that Ms. Ma has complied with the rules since the meeting. Commissioner Calloway showed Ms. Ma the ‘not approved’ items from the minutes and asked if she had sold any such items. She stated she had not.
Commissioner Melania pointed out that she thinks Ms. Ma shouldn’t get a suspension because she hadn’t violated after the informational meeting.
Commissioner Melania motioned to dismiss the charge against Ms. Ma with an official warning stating that if she is found in the future selling illegal items, Ms. Ma’s license will be suspended; Commissioner Chuang seconded.
The motion passed unanimously.
Zhenhui Feng – Certificate #7911: Hearing was continued to the next Street Artists Committee meeting.
Xiu Shi – Certificate #7548: Ms. Shi was called before the Commissioners with her brother Bill Shi acting as her translator. In addition, the Street Artists Program provided her with a professional interpreter, Amanda Chen. Mr. Lazar presented her checklist on April 19, 2011 which stated that Ms. Shi was caught selling “commercial pendant earrings with no embellishments” along with photos from the June 16, 2011 informational meeting of her displayed items. Based on the checklist, Mr. Lazar stated, Ms. Shi was notified to come to the informational meeting on June 16, 2011 which she attended. Mr. Shi confirmed he attended as well. In the minutes of the June 16, 2011, the Advisory Committee stated “artist will refrain from displaying commercial pendant earrings having little or no artist’s work” which means that she has to use bigger beads or additional beads with the pendant so it isn’t a focal point for an earring or necklace. Also, the Advisory Committee noted Ms. Shi was “approved as noted in the text”.
Mr. William Clark pointed out that Advisory Committee member Susan Tibbon wrote the violation and she noted that over 25 pairs were illegal plus the artist was found selling illegal items two previous times. Mr. Clark reminded the Commissioners that according to the “Bluebook” rules, displaying items not of artist’s own creation, items not within criteria and not certified by Arts Commission means it’s a serious violation since they “significantly threaten the integrity of the Arts Commission”. He read from the “Bluebook” that the standard penalty “shall” be a two-month suspension.
Mr. Bill Shi denied what Mr. Clark said and stated there is no picture proof accompanying the checklist. Mr. Shi stated that some customers ask for special orders which involve fewer beads and that, he said, could constitute a violation. He stated that she would not put such minimal items on her display and hasn’t since the informational meeting. He stated that Ms. Shi understood the criteria after the informational meeting.
Mr. Lazar stated that Ms. Shi was only sent the notice to attend the informational meeting. He stated that there are no previous warnings in her file although the Advisory Committee gave her a copy of the checklist.
Commissioner Melania wanted to clarify the role of the checklist. A warning, said Mr. Lazar, would come from the staff and would state what the artist did wrong; there would be attached the checklist or photographs. Ms. Shi did confirm (through Mr. Shi) that she received a checklist.
Mr. Robert Clark stated that the “Bluebook” states that “this type of infraction doesn’t require a warning”. According to the recording of the informational meeting, the Advisory Committee members said that Ms. Shi had over 25 illegal items on her table. Mr. Clark stated that a serious violation like that of Ms. Shi’s should automatically be given a suspension for two (2) months.
Mr. Shi stated that the inspectors have their own standard of how to inspect.
Commissioner Calloway agreed that Ms. Shi’s case sounded similar to Ms. Ma’s case. Commissioner Chuang agreed.
Commissioner Melania motioned to dismiss the alleged case against Ms. Shi with an official warning stating that if she is found in the future selling illegal items, Ms. Shi’s license will be suspended.
Commissioner Melania asked Ms. Shi, through the interpreter, Amanda Chen, if she understood what she is allowed to sell and that she will continue to sell what she was approved for by the Advisory Committee. Ms. Shi agreed.
Mr. Lazar reminded Ms. Shi that if she has any questions regarding criteria, she can ask the Advisory Committee or Mr. Lazar himself. Commissioner Chew reminded Ms. Shi that this is serious matter and she could be penalized.
Interim Director of Cultural Affairs Beltran had the interpreter, Ms. Chen, explain to Ms. Shi that if she sells items not approved by the Advisory Committee, her license will be suspended.
Commissioner Melania motioned to dismiss the alleged case against Ms. Shi with an official warning stating that if she is found in the future selling illegal items, Ms. Shi’s license will be suspended; Commissioner Calloway seconded the motion.
The motion is unanimously approved.
Wan Ling Li – Certificate #6084: Mr. Lazar stated that Ms. Li was not present but the Arts Commission’s procedures allow the Street Artists Committee to move forward with a hearing even if the defendant isn’t present. Mr. Lazar stated that Ms. Li received two previous warnings: July 14, 2010 for which she had sold pendants on cords, and May 18, 2011 for which she sold pendant earrings lacking any adornment. Mr. Lazar stated she didn’t attend the informational meeting or today’s hearing even though she was sent a letter informing her that staff wouldn’t renew her license. Mr. Lazar presented a photo taken by the Advisory Committee pointing out specific commercially manufactured pieces. He said that an Advisory Committee member went to the gift center and took photos of similar items being sold. Mr. Lazar believed there is evidence for this case and that Ms. Li has not made a good faith effort to remedy her violations. Mr. Lazar asked to make a motion to find her in violation for selling items she did not create as well as a motion for imposing a two-month suspension.
Commissioner Calloway asked if Ms. Li notified the Street Artists Program that she would not be attending either the hearing or informational meeting. Mr. Lazar said she had not. Mr. Lazar confirmed that the Street Artists Program sent Ms. Li hard copy letters and that their envelopes had not returned as “return to sender”.
Mr. Lazar reconfirmed for Commissioner Chew that Ms. Li was in violation and he had submitted photographic evidence of Ms. Li’s violations.
Commissioner Melania agreed that Ms. Li has had consistent violations and that she didn’t try to rectify her actions.
Commissioner Calloway stated that the case is similar to that of other artists but he was wary to give this artist a harsher punishment even though her case was more egregious.
Commissioner Melania reminded Commissioner Calloway of Ms. Li’s previous two violations and that she didn’t respond to the informational meeting or hearing.
Mr. Lazar confirmed that the letter to Ms. Li said that the Commissioners were able to proceed with her hearing if she did not attend. From Commissioner Chew’s question, Mr. Lazar stated that Ms. Li’s certificate is valid until May 3, 2012.
Commissioner Chew asked for public comment.
Mr. William Clark reminded the Commissioners that the Advisory Committee had found Ms. Li in violation and that she was given two previous warnings even though the “Bluebook” rules require this type of violation to go directly to a hearing with the Commissioners. He stated that at this hearing, it would be the Commissioner’s jobs to decide on a penalty. Since Ms. Li was given previous warnings, Mr. Clark stated, he thinks that a two month suspension would be inappropriate [insufficient].
Mr. John Tunui, Justin Herman Plaza Market Manager, announced that street artists themselves had talked to Ms. Li about the meeting, so she was informed about it.
Mr. Tad Sky stated that Ms. Li, more than any other violator at Justin Herman Plaza, sells the most illegal items. Many artists have made personal complaints about her and other artists have asked the Advisory Committee members to check her display many times.
Commissioner Chew motioned that Ms. Li be found in violation for displaying items not of the artist’s own creation; and that Ms. Li’s certificate be suspended for two (2) months; Commissioner Melania seconded the motion.
The motion was passed with Commission Calloway abstaining from the vote.
Li Li Zhang – Certificate #8129: The Street Artists Program provided interpreter Amanda Chen for Ms. Zhang. Mr. Lazar reported that Ms. Zhang received the Advisory Committee’s checklist on May 18, 2011. Ms. Zhang, Mr. Lazar reported, was requested to attend the June 16, 2011 meeting which she attended. Mr. Lazar submitted photos from the June 16, 2011 meeting which showed items of hers that were approved and not approved. Mr. Lazar explained that the beads acting as pendants she was using still remained to be a dominant, focal point. Mr. Lazar read a portion of the June 16, 2011 minutes referring to Ms. Zhang which stated, “artist may not display single element bead necklaces or earrings particular those items bearing commercial colored dyes, superimposed designs and a few tiny beads”. Mr. Lazar reported that at the June 16, 2011 meeting, Ms. Zhang was showed what she could and could not sell.
Commissioner Calloway confirmed that Ms. Zhang’s case is similar to those of the previous artists who received the complaint after receiving a warning and attending the informational meeting. Mr. Lazar reported that he has no record of her not complying after the informational meeting; and that the Advisory Committee confirmed that none of the artists besides Ms. Wan Ling Li has been in violation since the meeting.
Commissioner Calloway asked Ms. Zhang if she knows what she is approved to sell and not sell having attended from the informational meeting. Ms. Zhang stated she did. Commissioner Calloway asked Ms. Zhang if she had sold unapproved items on any day after the informational meeting. Ms. Zhang responded that the last time she sold was in August and did not sell unapproved items on that day.
Commissioner Melania reminded Ms. Zhang that she must only sell what’s been approved by the Advisory Committee and that if she has a question about her item, she must present it to the Committee before selling it. Ms. Zhang agreed.
Ms. Zhang explained that every time she purchases individual components, the seller tells her they are beads, not pendants. Commissioner Melania reminded Ms. Zhang that her question must asked to the Advisory Committee or Mr. Lazar since Commissioners are only establishing if an artist is following the rules of the Street Artists Program.
Mr. William Clark stated that according to the recording of the informational meeting, the Advisory Committee had found Ms. Zhang in violation once before. Her violation, he said, was for selling commercial earrings with not enough embellishment and that this type of violation should constitute a two-month suspension since it is a serious violation. He stated that some artists have been given warnings before for serious violations which should have gone directly to the Commissioner’s committee. Mr. Clark complained about a lack of enforcement as artists continue to sell illegal items. He stated that these types of violations threaten integrity of the program and the credibility of other artists. He requested in the future that Advisory Committee and staff send these types of violations for hearings to make sure this doesn’t happen in the future.
Ms. Debra King, street artist, stated that Mr. Clark was incorrect in stating that these artists in question had been found in violation after the informational meeting. She said that these artists have been in compliance since the meeting.
Mr. Clark stated that he did not say that.
Mr. Danny Zhang, Li Li Zhang’s husband, reported that Ms. Zhang corrected what she did wrong and only sold on August 31, 2011. He stated that she couldn’t have received a complaint in July if she wasn’t selling.
Mr. Robert Clark disputed what Ms. King said about Mr. William’s Clark statement. He asked Mr. Tad Sky if he was present at the informational meeting and if he stated that Ms. Zhang’s husband is a wholesaler which Mr. Tad Sky confirmed both. Mr. Clark stated that a major problem for the program is that wholesalers enter the program to sell their merchandise. Mr. Clark accused Ms. Zhang of being a salesperson for her husband.
Commissioner Melania stated that there is no evidence that Ms. Zhang was found in violation and that she’s been found in compliance.
Mr. Clark interrupted Commissioner Melania and Commissioner Chew while they were making conclusions about Ms. Zhang’s case and while they were trying to make a motion. Mr. Clark continued talking.
Commissioner Chew stated that Mr. William Clark is out of order. Interim Director of Cultural Affairs Beltran stated he already used his three minutes of public speaking. Commissioner Chew asked Mr. Clark to leave the building. Mr. Clark was escorted out of the room by a police officer attending the meeting.
Commissioner Melania motioned that Ms. Li Li Zhang be not found in violation and the charge against Li Li Zhang be dismissed with an official warning stating that if she is found in the future selling illegal items, Ms. Zhang’s license will be suspended. Commissioner Calloway seconded.
The motion was unanimously approved.
Sak Yee – Certificate #8397: The Street Artists Program provided interpreter, Amanda Chen for Mr. Yee. Mr. Lazar reported that no warnings have been given to Mr. Yee. On May 8, Mr. Yee received a checklist from the Advisory Committee for questionable earrings. According to the minutes of the June 16, 2011 meeting, he attended the meeting and he was approved for “multi-element, hand wrought wire earrings, necklaces, bracelets.” Mr. Lazar presented the photos of Mr. Yee’s items show at the June 16, 2011 meeting which did not show any products that were not approved. The May 8, 2011 photos of his street display that Mr. Lazar presented to the Commissioners show only one pendant on an ear wire which is why Mr. Yee was asked to come to the informational meeting.
From Commissioner Calloway’s questions, Mr. Yee confirmed he had not sold any illegal items since the June 16, 2011 meeting, and that he understood the reason why he was called to the meeting.
Mr. Yee explained that he made the pair of single pendant earrings for his daughter and that she had mistakenly put the earrings on his display. Mr. Yee stated he explained this to the Advisory Committee but he said they didn’t believe him. He said he keeps a news article with him because it talks about street artists who are in the program that make their work as well as illegal vendors who are trying to sell items they do not make.
Commissioner Chew asked for public comment.
Ms. Edelweiss Yee, Mr. Yee’s daughter, explained that the earrings in the photos belonged to her. She added that if her father had been intentionally trying to sell manufactured products, his whole table would have been covered with these items and not just the two pieces.
Mr. Robert Clark reminded the Commissioners that the Advisory Committee had found Mr. Yee in violation since it is their job to keep illegal things out of the program. The Street Artists Program spent $500 to bring these artists into a meeting to explain to them that what they’re selling is not approved. He stated that there was already a system in place where serious violations get automatic two-month suspensions. He stated that he was entering the Advisory Committee’s testimony and hearing as evidence against these artists.
Mr. Yee asked that the artists try to be nice to each other and talk to each other to fix the problem.
Mr. Ralph Anderson stated he is a fellow street artist and Mr. Yee’s best friend. He stated that Mr. Yee’s display contains 200 pairs of earrings and the Advisory Committee only found one to two pairs that didn’t conform. Mr. Anderson said he believes that Mr. Yee has every desire to conform to the rules.
Ms. Maria Hillius commented on Mr. Yee’s statement. She stated she believed that artists’ wares should be checked multiple times which is why, she said, the Advisory Committee monitors to see if artists comply. She stated that it takes many times for artists to understand what they’re doing is wrong.
Commissioner Chew motioned to dismiss the charge; Commissioner Melania seconded the motion.
The motion was unanimously approved.
Commissioner Calloway requested that there be a discussion about the hearing process in the “Bluebook” since he based his actions on the fact that the hearing acted as a defacto dismissal.
3. Discussion. New Business/Public Comment.
Mr. Tad Sky stated that he felt Mr. Lazar’s intention to bring these violators to the informational meeting was good, but that they were in fact in violation. Mr. Sky stated that the meeting had good intention but that it was probably a bad idea because it confused the artists with the violation process. Mr. Sky asked to see more Advisory Committee monitoring on the street since there is a multiplier effect when there are illegal items.
Mr. Robert Clark commended those people for trying to save the Beach Street spaces. He wanted to announce that William Clark was the author of Proposition J which helped obtain the Beach Street spaces for the past 36 years.
Ms. Mabel Ma asked what she is supposed to do when a customer has a special request for jewelry. Mr. Lazar suggested that she should make the deal at her home and not from her street artist display.
Commissioner Chew adjourned the meeting at 4:57 p.m.
Respectfully submitted:
Alyssa Licouris, Street Artists Program Assistant
Minutes approved:
Howard Lazar, Street Artists Program Director
10/13/11
