September 11, 2013

 

Commissioner Chew, Chair, called the meeting to order at 2:32 p.m.

1. Roll Call
Commissioners Present:
Greg Chew, Chair
Abby Schnair
Marcus Shelby
Janine Shiota

Commissioners Absent: Simon Frankel

Staff present: Arts Commission Deputy Director Rebekah Krell, Street Artists Program Director Howard Lazar, Street Artists Program Assistant Alyssa Licouris

Commissioner Chew welcomed Officer Mike Fewer (as sergeant-at-arms) and interpreter Kenneth Fong.

Program Director Lazar asked that item 6 be taken after item 7 because all of the other items were “housekeeping” measures that could be taken rapidly. Chairmen Chew agreed.

2. Discussion. Street Artists Program Director’s Report.

Program Director Lazar reported on the following:

Criteria Meetings: The Advisory Committee of Street Artists and Crafts Examiners has conducted 3 meetings to upgrade the arts/crafts criteria used in verifying that the arts and crafts are of the artists’ own creation. The Committee members are reviewing the entire list of current criteria, which was adopted by the Arts Commission in 1977, and will present a package of their recommendations to the Street Artists Program Committee for ultimate Arts Commission approval.

Artists Spotlighted in Arts Commission Newsletters: Josh Kimball, photographer, was highlighted in the August newsletter. Phyllis Williams, glass artist, was highlighted in the September newsletter.

In answer to Commissioner Shelby’s question regarding the criteria for selling recorded music, Program Director Lazar explained that former City Attorney George Agnos in 1983 had clarified that the sale of cassette tapes of an artist’s performance was appropriate in the Street Artists Program and that such recordings could be sold by the performing artist as well as by any technician involved in the recording. He explained that typically performers do not want to be licensed as street artists since they cannot play their music all day which would tend to disturb the other artists, and any crowd they might generate could possibly interfere with the business of the other artists. He went on to say that performers are free to join the Port’s Performer’s Licensing Program.

There was no public comment.

3. Action. Hearing and possible motion to approve authorization of Program Director to request Board of Supervisors to re-designate for six (6) months two (2) street artist temporary selling spaces on Post Street, northwest corner, at Stockton Street for street artists certified by the Arts Commission, City and County of San Francisco.

Program Director Lazar explained that the two temporary spaces were created because of the Central Subway Station construction. He said that seven spaces on Geary Street were adversely impacted by the construction; the two spaces he obtained on Post Street as temporary spaces would try to compensate for the loss of the Geary spaces. He said that the two Post Street spaces are in front of the old Levi’s building, and that every 6 months he intended to go to the Board of Supervisors for approval as long as construction is still occurring. He said that these two temporary spaces were first approved in 2011 and have been re-approved twice since then.

In answer to Commissioner Chew’s question on how the merchants felt about the spaces, Program Director Lazar said he had not checked with Apple (which plans to occupy the Levi’s space) but he spoke with Stanley Roth, owner of the adjacent hot dog stand, who asked that the spaces be adjusted slightly to accommodate his condiment table. Program Director Lazar said he is continuing to ask for the spaces on a 6 month basis in case any problems arise due to the spaces.

The Commissioners discussed a longer designation time but decided 6 months for now was good.

Motion: Motion to approve authorization of Program Director to request Board of Supervisors to re-designate for six (6) months two (2) street artist temporary selling spaces on Post Street, northwest corner, at Stockton Street for street artists certified by the Arts Commission, City and County of San Francisco.
Moved: Schnair, Shiota

There was no public comment.

The motion was unanimously approved.

4. Action. Hearing and possible motion to approve authorization of Program Director to request Board of Supervisors to re-designate one (1) selling space (“L-2”) on Leavenworth Street, west side, at Jefferson Street, for six (6) months for street artists certified by the Arts Commission, City and County of San Francisco; exempting said space from the regulations of Police Code Section 2405(c)(6) and (11) prohibiting selling within ten (10) feet from the outer edge of any entrance to any building and prohibiting selling within five (5) feet of the display of any other street artist.

Program Director Lazar explained the history of the Leavenworth spaces. He said that L-1 and L-2 spaces were exempted from the doorway regulation in the early 1990’s. He explained a new store expanded the doorway last year. Commissioner Chew, Commissioner Collins and Program Director Lazar negotiated with the business owner, David Berbey, to keep L-2 and move it slightly away from his doorway. Program Director Lazar stated that Mr. Berbey had been contacted and he said he had no objection to 6 months of the space’s designation.

Commissioner Chew commented that it was an ordeal. Program Director Lazar commented that L-2 isn’t ideal but it was better than no space at all.

Motion: Motion to request Board of Supervisors to approve authorization of Program Director to re-designate one (1) selling space (“L-2”) on Leavenworth Street, west side, at Jefferson Street, for six (6) months for street artists certified by the Arts Commission, City and County of San Francisco; exempting said space from the regulations of Police Code Section 2405(c)(6) and (11) prohibiting selling within ten (10) feet from the outer edge of any entrance to any building and prohibiting selling within five (5) feet of the display of any other street artist.
Moved: Shelby, Shiota.

There was no public comment.

The motion was unanimously approved.

5. Action. Hearing and possible motion to approve the following Lottery Committee recommendation of August 12, 2013 Lottery Committee meeting:

1) Lottery Committee members’ trades of days for running lotteries must be written down in the Lottery book.

Program Director Lazar explained the duties of the Lottery Committee which assigns spaces to the artists. He stated that Program staff has been meeting with the Lottery Committee members every month to discuss rules and give them an opportunity to submit recommendations. Program Director Lazar explained the proposed Lottery Committee recommendation and commented that it is a way to get Committee members to record trades of days for running lotteries. He clarified that if it becomes a rule, members may be dismissed from the Committee for failing to do so.

Motion: Motion to approve the above Lottery Committee recommendation of August 12, 2013 Lottery Committee meeting.
Moved: Shelby, Shiota

There was no public comment.

The motion was unanimously approved.

6. Action. Hearing and possible motion to approve standard penalty of two month suspension of certificate for the following street artists:

Xue Xia Mai #8556 – selling items not of artists’ own creation (crochet animal hats)
Xue You Mai #8557 – selling items not of artists’ own creation (crochet animal hats)

Program Director Lazar explained that the two artists were approved as a family unit for crochet hats of their own creation. He continued that the artists were found selling crochet animal hats that did not look like what they were approved to sell originally.

Program Director Lazar submitted crochet animal hats that he purchased from stores in Chinatown.

He explained the studio visit procedure. He described that, at the studio visit of the two artists, he brought photos of their display as well as the hats purchased in Chinatown. The Advisory Committee watched them produce hats and timed them creating their hats. The Committee also observed the stitching and compared the hats with the hats in the photos and the hats purchased in Chinatown.

Program Director Lazar produced photos taken of the hats made at the studio visit and stated that the Advisory Committee did not feel the two artists made the hats that they sold. He continued by reading aloud excerpts from the Committee’s studio visit notes regarding the artists’ angry bird hats. He explained the “notable differences” found between the Angry Bird hats displayed in the photos of the artists’ table, the studio visit artist-made hats and the artist made back stock. Program Director Lazar explained the Spiderman hat that the artists made at their studio visit showed many differences such as the web overlay design did not match the web overlay of the hats in the photos of the artists’ display. Program Director Lazar referenced the Batman hat. He explained the differences the Advisory Committee found between the emblem on the hat made at the studio visit and the emblem on the hat on their stand.

Program Director Lazar explained the Arts Commission’s standardized penalties for different types of street artist violations. He said that the standard penalty for a first violation for selling something not made by the artist is a 2 month suspension. He clarified that the Commissioners have the authority to increase or mitigate its standard penalties.

With regard to the proliferation of crochet animal hats being sold by street artists, Program Director Lazar said that he was advised by the City Attorney to assign the Advisory Committee to perform studio visits in order to time outputs of hats as well as compare photos of the artists’ display with the production of hats at the studio visit. He reported that the Program has completed 4 studio visits and the Advisory Committee found that the other three artists made the hats they were selling. He said that the Program will continue to perform studio visits of the crochet hat artists.

Ms. Xue Xia Mai and Ms. Xue You Mai were asked to speak with the help of interpreter Kenneth Fong.

The artists explained that their hats were different because they had used different thread. They stated that they were very nervous at the studio visit which made a difference in the look of the hats.

Commissioner Shelby, in comparing the photos of the hats made at the studio visit with the hats shown in the photos of the display, pointed out that some of the hats have a different style and approach as with the Batman and the Spiderman hats which, he said, were of totally different designs.

The artists stated that they made their hats differently at the studio visit in order to finish the hats quickly.

Xue Xia Mai said that she did not know why their hats didn’t pass. She said that they bought the Batman emblems in the past but now they cut them themselves.

Program Director Lazar clarified that the 2 artists can sell the hats they make (which had been approved by the Advisory Committee) but not the ones they do not make.

Commissioner Shelby said that this is a way to protect all artists including the two artists.

Ms. Xia You Mai reiterated that they make their own hats.

Commissioner Schnair asked how many artists in the Program were selling crochet animal hats. Program Assistant Licouris clarified there were 10-15 artists. Program Director Lazar said it is a problem. Commissioner Schnair explained that the original concept of the Street Artists Program is that artists make their own different wares; yet, these hat artists selling the same hats defeat the purpose of the program. She requested that her Committee come back to the bigger issue later. Program Director Lazar said that the Street Artist Ordinance doesn’t spell out the purpose of the program such as precluding copying and selling similar things, and that the Commissioners would have to build a program that fosters originality.

Commissioner Shiota stated that there is a bigger issue about protecting individual crafts which needs to be addressed in the future.

Ms. Xia You Mai said they make everything they sell.

Motion: Xue You Mai and Xue Xia Mai to be found in violation of selling items they did not create.
Moved: Schnair, Shelby

While no public comment was received, Ms. Xue You Mai said that she makes the hats herself and she wouldn’t buy them because she wouldn’t make money that way.

The motion was unanimously approved.

The Commissioners discussed the length of suspension.

Program Director Lazar explained that their suspension would start in 20 days unless the artists agree to sign a statement waiving their right to appeal to the Board of Appeals.

Motion: The certificates of Xue You Mai and Xue Xia Mai be suspended for 2 months.
Moved: Shiota, Chew

There was no public comment.

The motion was unanimously approved.

7. Action. Hearing and possible motion to amend Arts Commission Resolution No. 0606-94-322 of June 4, 1996, which established a 15 work day time limit for issuance of a Street Artists Certificate following examination of wares (also known as a "screening"), in order to authorize the Street Artists Program Director, on behalf of the Executive Director of the Arts Commission (the “Director of Cultural Affairs”), to waive and extend the 15 work day time limit for up to six (6) months from the date of the screening, upon an applicant's written extension request based on an applicant's illness, disability, financial hardship, or other circumstances unanticipated at the time of the screening that would interfere with the applicant's ability to pay for, or use, the Street Artists Certificate within the standard time limit.

Program Director Lazar explained that applicants are given 15 days after the screening of their wares to purchase their license. He said that the 15 day limit was imposed because the Program is self-supporting and the Arts Commission wanted to guarantee a steady flow of revenue. He said that at every screening there is at least one applicant who can’t pay within the 15 days because of some unexpected situation. He said that previously waiver requests were placed on the full Arts Commission agenda and that the Arts Commission would consistently approve them. Since it is time-consuming for items like these to be on the Arts Commission agenda, the Arts Commission recently passed an amendment giving the Program Director the authority to reinstate artists whose certificates have expired. He said that the proposed motion is similar to the recent amendment and artists wouldn’t have to wait for the Arts Commission meetings to occur for the waiver to be approved.

The Commissioners discussed the appropriate time limit for such waivers in order to accommodate the artists but also to ensure product consistency.

Commissioner Schnair agreed that giving authority to Program Director Lazar was appropriate and suggested a 60 day limit.

Motion: Motion, as amended, to amend Arts Commission Resolution No. 0606-94-322 of June 4, 1996, which established a 15 work day time limit for issuance of a Street Artists Certificate following examination of wares (also known as a "screening"), in order to authorize the Street Artists Program Director, on behalf of the Executive Director of the Arts Commission (the “Director of Cultural Affairs”), to waive and extend the 15 work day time limit for up to 60 days from the date of the screening, upon an applicant's written extension request based on an applicant's illness, disability, financial hardship, or other circumstances unanticipated at the time of the screening that would interfere with the applicant's ability to pay for, or use, the Street Artists Certificate within the standard time limit.
Moved: Schnair, Shiota.

There was no public comment.

The motion was unanimously approved.

8. Discussion. Public Comment.

There was no public comment.

Commissioner Shelby asked about e-mails from artists forwarded to Commissioners.

Program Director Lazar explained that, it was his understanding from the City Attorney, that unless the member of the public shows up at a meeting to give public comment, the written public comment forwarded to the Commissioners is not required to appear in the minutes. The Commissioners would have already seen the public comment and would not be required to refer to it unless they wanted to discuss it.

Deputy Director Rebekah Krell clarified that general public comment is open to anyone.

9. Discussion. New Business and Announcements.

Commissioner Schnair requested to explore the possibility of increasing quality and variety of arts and crafts in the program. She encouraged Program staff to create a proposal for the Commissioners that captures the original essence of the program.

The Commissioners continued discussion on how they could see improving the program and program having authority over curatorial excellence and purview.

Program Director Lazar explained a 1977 City Attorney opinion which clarified that the Arts Commission could not set quotas of crafts and could not regulate diversification of crafts. At Commissioner Shiota’s suggestion, he said he foresees the Commissioners creating a big argument to present to the City Attorney as the City Attorney may now have a broader view of the authority of the Arts Commission.

Commissioner Shiota also asked Program Director Lazar to investigate how the farmer’s markets have a curatorial authority. She said she doesn’t understand why the Street Artists Program can’t do the same as other organizations.

Commissioner Schnair suggested that the Program could possibly be changed by changing lottery rules. She also added that increasing quality and uniqueness might also increase sales for the artists.

Program Director Lazar stated that the City Attorney may find that the Program may not have the authority expressed by the Commissioners given by the Street Artist Ordinance. He added that he was grateful to have the Commissioners’ expertise and that it was worth asking the City Attorney again.

Commissioner Schnair added that she wants to create an environment and atmosphere so tourists want to buy from artists instead of cheaper vendors.

There was no public comment.

10. Action. Adjournment.

There being no further business, the meeting was adjourned at 4:09 p.m.

9/19/13

Respectfully submitted by:
Alyssa Licouris, Street Artists Program Assistant

Minutes approved by:
Howard Lazar, Street Artists Program Director

An audio recording of this meeting is available online at the following address: http://www.sfgov3.org/index.aspx?page=4151

Translated written materials and interpretation services are available to you at no cost. For assistance, please notify Howard Lazar, 415-252-2583, howard.lazar@sfgov.org.

我們將為閣下提供免費的書面翻譯資料和口譯服務。
如需協助，Howard Lazar, 415-252-2583, howard.lazar@sfgov.org.

Materiales traducidos y servicios de interpretación están disponibles para usted de manera gratuita. Para asistencia, notifique a Howard Lazar, 415-252-2583, howard.lazar@sfgov.org.