Street Artists Committee - February 1, 2017 - Minutes
STREET ARTISTS COMMITTEE
Wednesday, February 1, 2017
2:30 p.m.
401 Van Ness Avenue, Suite 125
San Francisco, CA 94102
Regular Meeting
Minutes
1. Roll Call
Commissioners Present:
Barbara Sklar, Chair
Marcus Shelby
Janine Shiota
Commissioners Absent:
Greg Chew, Simon Frankel
Staff present: Deputy Director Rebekah Krell, Street Artists Program Director Howard Lazar, Street Artists Program Assistant Alyssa Ventre, Office Manager Anne Trickey, Senior Policy Analyst Anh Thang Dao-Shah Ph.D.
The meeting was called to order at 2:33 p.m.
2. General Public Comment.
Discussion.
Brian Hopper said he has been in the program since 1980. He asked if the Jefferson Street selling spaces are going to be eliminated and, if so, why will they be eliminated.
Ann Treboux withdrew her request for public comment.
Tad Sky stated that it’s the 45th year of the program. He said there had been so much demand in the program that there had been a waiting list. He said there used to be about 450 members which paid for the cost of program. He said that after the recession, the demand for products went down, the number of street artists went down, the cost of the program is the same or more, and the cost of living in the bay area has increased. He said that the working group is looking for solutions and that the evaluation and feasibility are used as guidelines, but there’s still a lot of work to do. He said that Street Artists Program Committee meetings have been cancelled the last few years and Commissioners don’t show up. He said he had a question for Commissioner Frankel since his specialty is copyright but if he doesn’t show up, he can’t be used as a resource and they can’t find solutions to problems. He said that there are fewer artists and with the cost of living increasing, the program could fail. He said that there are 269 artists which is the lowest number the program has had and that they need to work to recruit more artists.
Abby Ellis said she agreed with Tad and that she’s in the working group too. She said the economy is a big factor. She explained her opinion of the history of the program in relation to the economy. She said that successful products now are what customers can wear. She asked to go carefully and look at the whole picture and that there is a need for comprehensive solutions. She said that there should be more communication and in different forms. She said when there is a want to fix the system; sometimes this gives an illusory solution that doesn’t solve the problems.
Steve Pogni said he makes masks. He said he’s being brought in because 4 masks of his 200-300 masks look like masks on the internet and that he’s being accused of taking them from the internet and not making them himself. He said he surfed the internet and described items that can be found on the internet that are made by other artists in the program. He said that if the standard of what’s on the internet is compared to what the artists make, he thinks it’s an undue comparison.
Ann Treboux, speaking from the audience, objected to Mr. Pogni's comment since he was speaking on matters on the agenda.
3. Street Artists Program Director’s Report.
Discussion.
Program Director Lazar reported the following:
Artists in Exhibitions: Street Artist Linda Pedersen participated in a show called “tiny” at STUDIO gallery November 11 – December 23, 2016 which showcased Ms. Pedersen’s prints. Previously, Program Director Lazar showed the Committee a copy of edible East Bay which featured one of Ms. Pedersen’s prints on its cover in 2008. In 1996, Program Director Lazar reported that Ms. Pedersen was featured in a book entitled Artists at Work – Polymer Clay Comes of Age. He said Ms. Pedersen sells her linoleum-cut prints exclusively at Justin Herman Plaza.
Street Artist Walter Molina Berrios exhibited his metal work in the CCA Collage Avenue Galleries show called “BFA Jewelry / Metal Arts Exhibition” from November 15 – 19. He sells regularly at Justin Herman Plaza.
Artist Featured: Street Artist Phyllis Williams was featured in an East Bay Times article last December. The article was about the KPFA Winter Crafts Fair which took place at the Craneway Pavilion on December 17- 18. Ms. Williams began fusing glass in 2001. Program Director Lazar said that Ms. Williams’ original glass style is a major contributor to the vibrancy and originality of the artists wares at Justin Herman Plaza.
Program Inquiries: Over this past winter, the Street Artists Program was contacted for advice from personnel of the City of Santa Fe, New Mexico looking to amend their ordinance before issuing new licenses in 2018; the City of Montreal, Quebec which was conducting a study about street artist programs and management, permits and selling locations; and the Department of Criminal Justice of the University of Winnipeg, Manitoba requesting information about the Street Artists Program’s experience hiring off-duty policing in the 1990s.
In Memorium: Program Director Lazar reported that two artists passed away. Jungsoon Lee, wife of artist Duckhee Lee, was in the program since 2014. She created natural-dyed clothing and accessories as well as obsidian knives with leather cases. Curtis Dalton was a street artist since 2010 and made silkscreened batiked and hand painted shirts. Both artists sold exclusively at Justin Herman Plaza. Program Director Lazar requested the meeting be adjourned in their honor.
Commissioner Sklar asked the artists to let the office know about exhibitions they are involved in so that Commission personnel can attend and show support. She congratulated the artists recognized.
Public Comment:
Ann Treboux withdrew her request for public comment.
Michael Addario said that other street artist programs emulating this program is a falsehood. He said that this program has the most expensive license cost. He said this program is thought of as mismanaged. He said Program Director Lazar is not a director since he’s classified and paid as an assistant manager. He said that when Program Director Lazar attends other city meetings and he says he’s a director, that’s a falsehood.
Ann Treboux submitted and read from the following statement:
“I call for the immediate resignation of Howard Lazar. he has systematically stolen time and squandered street artist resources. California Court of Appeal case: A145905 was struck down on appeal. This was Lazar's gossip to Barbara Sklar. it cost the taxpayers $30,000.
Eight years ago, Lazar manipulated no-contact order/Evelyn Russell to prevent me from entering 25 Van Ness Ave. I was not served/never met this person.
Lazar claimed, "stalking' on June 20, 2016 while I was waiting for a ferry. There was no evidence to support his claims.
Board of Permit and Appeals case recently filed because Lazar refused to ask for a home address.
To date, 22 Orders of Determination have issued against him. He refused to turn over documents/says he doesn't care/still collects a paycheck.
Lazar doesn't know how to use the Internet;has never kept up with advances in technology/retaliates on those who speak out.”
4. Hearing on alleged violation by Stephen Pogni #7527:
a) Motion for finding Stephen Pogni in violation for selling items not of his own creation.
Action.
Program Director Lazar explained that the Advisory Committee uses Article 24 to examine an artist’s work which includes the definition of a handcrafted item. He said the Committee applied this to Mr. Pogni’s masks at his screening in 2005. He said that the Committee understood that Mr. Pogni did not make the mask bodies but felt they were substantially altered by him; therefore he was licensed for adorned/decorated masks. He said that now Mr. Pogni is selling primarily steampunk masks and he showed the Advisory Committee in two screenings that he could significantly adorn the masks. Program Director Lazar explained that the Advisory Committee warned Mr. Pogni not to put unadorned masks on his table. Subsequently, however, Mr. Pogni was brought in for a Program Director hearing regarding his selling masks and other allegations. At the hearing, the ordinance was discussed and Program Director Lazar was satisfied that Mr. Pogni understood the conditions. Mr. Pogni signed a statement agreeing to adhere to all regulations of the ordinance. Yet Mr. Pogni was observed 9 days later selling unadorned commercially manufactured masks which represents a serious violation of the ordinance. Program Director Lazar presented a PowerPoint presentation of photos of Mr. Pogni’s display. In the presentation, Program Director Lazar pointed out specific unadorned, commercially manufactured masks on Mr. Pogni’s table and compared these to photos of steampunk masks found on various internet websites such as Jet, Zeckos, KBW Global, and eBay. Program Director Lazar also questioned how Mr. Pogni could have so many masks on his display if he were significantly adorning them.
Steve Pogni presented the Committee with various steampunk masks with corresponding items such as supplies, raw materials, blank masks, half-finished masks, various computer parts, receipts, photos of his process in creating masks, and photos of his current display. He explained his process on various masks. He said that he can make 20 masks a day and at his stand he can make 8-12 masks which would be 300 masks a month. He said he can make a mask in about 15-20 minutes. He said he also makes Italian-style masks. He said he’s been creating masks for 15 years. He said he doesn’t have any of the offending masks on his display.
Commissioner Shiota explained that the issue is not if Mr. Pogni can make them but that the masks observed on his display table are available for purchase online. She said that the issue is whether Mr. Pogni has been selling masks not of his own making and it looks like he’s “gaming the system”.
Steve Pogni said he attends 30 art shows a year in addition to selling at Justin Herman Plaza and only sells January through May primarily. He said that anyone can put his masks on amazon. He said he’s sold 10,000 masks in 3 years. He explained that a customer bought $400 worth of masks and told him that when he was done with them, he was putting them online. He said that he did copy the designs from the internet.
Commissioner Shelby asked why Mr. Pogni would sign a document promising to comply with the ordinance if he weren’t in violation.
Mr. Pogni explained that he didn’t have any choice since he was also in violation for parking. He said he was guilty of parking, display regulations, and guilty for selling masks not of his own making. He added that all masks shown today were made within 2 weeks.
Public Comment:
Ann Treboux submitted the following statement:
"For over eleven years, Pogni has not made the over 300 masks he displays and sells at Justin Herman Plaza.
Lazar passed his stand 2-3 times per week without looking at his commercial masks. Lazar never responded to the many complaints against Pogni, even when shown photos of identical masks sold on the Internet. Complaints continued for eleven years.
I was the only member of the public at the November 22, 2016 hearing in which Pogni denied all allegations against him and shifted focus to his colleagues with claims; "that they don't make what they sell". Lazar refused to make photos; warning notices and written reports against Pogni avaible to me. He threw them on the floor. He refused to allow me to video and audio tape the public meeting.
Pogni has shown no regard for his colleagues at the Plaza. He has consistently shifted blame away from his constant violations and his permit should be permanently revoked."
Motion for finding Stephen Pogni in violation for selling items not of his own creation
Motion: Shelby, Shiota
The motion was unanimously approved.
Action.
Commissioner Shiota asked if this is a repetitive issue for Mr. Pogni. Program Director Lazar responded in the affirmative; that the Advisory Committee had asked for a rescreening and after the re-screening Mr. Pogni was found selling masks he didn’t make.
Commissioner Shiota asked if Mr. Pogni was able to sell within the Peddler’s Program. Program Director Lazar responded that Mr. Pogni could apply through the Police Department. He explained that if Mr. Pogni obtained a Peddler’s license, he could not sell in a street artist selling space and not within 600 feet of a store that sells masks.
Commissioner Shiota asked about the process of applying for a peddler’s permit and the requirements. Program Director Lazar said it was his understanding that the application is reviewed by the Police Permit Bureau and, if not approved, the applicant can appeal. He responded that the Peddler’s license process is not necessarily for artist-applicants.
Commissioner Shelby asked if the motion is because of this one violation and whether Mr. Pogni had been fairly warned about his actions. Program Director Lazar said that the motion is only based on the issue of masks. He said that Mr. Pogni came before the Advisory Committee more than once and he signed the document whereby he agreed to obey all of the rules.
Motion for immediate suspension of certificate and denial of renewal for Stephen Pogni #7527 for selling items not of his own creation.
Motion: Shiota, Sklar.
The motion was unanimously approved.
Public Comment:
Steve Pogni, speaking from the audience, said that he’s a disabled veteran, that this is his sole source of income, and he could lose his job. He said that what Program Director Lazar said is false. He said that he voluntarily went to a screening a second time, and that he’s passed his screenings. He said that he’s been “painted as a bad guy” and he’s had 12 years of no blemishes. He wanted to know where the proof is that he got the masks from the internet. He said that he has proof he made them. He said it’s not fair.
Ann Treboux said there is a criminal and civil history of Mr. Pogni. She said he has a cyclical nature where he declares bankruptcy in different counties every three or four months and that he gets restraining orders on people. She said he had stores in California selling imported masks in 2001.
5. Project Update: Implementation of Workplan to Modernize the Street Artists Licensing Program.
Discussion.
Dr. Anh Thang Dao-Shah described updates on the implementation of the work plan. She said that the online application and payment site for renewal is live. She said that the program has received positive feedback from artists from the short survey that is sent after it’s used. She said there is a new credit card machine in the office which makes it easier for artists to pay. She reported that three-quarters of the artists are aligned with the quarterly payment schedule. She said she hopes this will make it easier for staff to manage artists’ records and to send more timely reminders of payment. She said that she’s met with the community working group three times since the last Committee meeting. She said they’ve discussed monitoring and quality issues, screening schedules, strategies for community relationships and strategies to promote the program.
Dr. Thang Dao-Shah reported the following recommendations from the working group: monitoring and quality control whereby the group is proposing a prescreening process so staff can review applications before the screening appointment. She said the group also recommends a shorter time frame for rescreening and hearing appointments, staff documenting digital evidence of violations for rescreening and hearing, staff visits to art/craft outlets, the screening committee to focus on workmanship and switching to a quarterly screening schedule. She said she will report back to staff on recommendations and work on a strategy.
Dr. Thang Dao-Shah introduced staff member Anne Trickey who will take over Program Assistant Alyssa Ventre’s role along with facilitating the working group in Dr. Thang Dao-Shah’s absence and performing monitoring duties in addition to office work. She said that this will help lower the cost of monitoring in by having an additional staff member monitor. She said this will hopefully create more effective monitoring since staff will be more familiar with craft and artists. She said that Ms. Trickey plans to develop strategies for promotion to attract more artists to the Program and improve the relationship between artists and community members.
Commissioner Sklar asked about promotion cards and online promotion.
Dr. Thang Dao-Shah said that the working group has suggested posting on free websites and utilizing art school relationships as an incubator program for art students. She explained that the incubator program would encourage younger artists to join the program. She said that with more artists in the program, it will become more vibrant which should also improve the image of the program for the public. She said she is working on strategies that are cost-effective since program funds can’t be used towards promotion.
Deputy Director Krell clarified that the street artist ordinance disallows using fee revenue generated for promotion and advertising; however, general fund assistance is discretionary funding.
Commissioner Shiota asked about the existing number of selling spaces. Dr. Thang Dao-Shah confirmed that there are more spaces than artists.
Public Comment:
Kathy Hallinan said she’s been a licensed street artist since 1974. She said she’s looking at her collection of pieces and thinks she should donate to the Arts Commission since those years referred to the American Craft Movement of the 1970s. She thanked the Arts Commission for setting up the working group and appreciated the Arts Commission’s support of the artists. She said that she made a living exclusively at Fisherman’s Wharf making unique items. She said that the faces of customers make her the happiest and that she’s grateful for the program although she thinks it needs to be worked on.
Tad Sky said he’s in the working group. He thanked Deputy Director Krell for Dr. Thang Dao-Shah and is happy with Ms. Trickey joining the staff. He said he is happy with the online renewal update that Ms. Ventre did to modernize the licensing. He said that the upgrade gives more time for staff to monitor. He said there needs to be more proactive energy on the street. He said the problem is artists and that if artists didn’t violate, they wouldn’t need monitoring, screening, or inspectors. He said he attended the last 2 screenings and that the screening committee is strict at the meetings, but artists need follow up on the street. He said that in 2015, the criteria was upgraded and supposed to be rolled out. He said that the criteria needs to be used since it’s an important upgrade; he gave examples of why the upgraded criteria is important.
Abby Ellis spoke on the saying “love not art with your feelings”. She said she expresses herself through art. She said that it’s important to put the program artists in the context of people living in San Francisco, making a living, and not to over glamorize art. She said that art is sacred and important. She said it’s easy to be attached subjectively. She suggested to look more broadly and to not get too subjective about criteria and jurying.
Michael Addario said that street artists have over 40 years paid millions to the Arts Commission. He said they were losing spaces such as Winter Walk and Superbowl. He said artists went to the supervisors to get money and that Program Director Lazar didn’t try. He said they have no spots in Golden Gate Park or BART. He said he created a movie called “Kleptocracy”. He said that artists shouldn’t have to pay $700 and that artists are leaving the city and the Commission is responsible for the exodus since artists can’t afford to make money here. He said he asked the chair to resign before. He said he will expose the chair, PJ Johnson, and the Visual Arts Committee.
Ann Treboux said that she’s been retaliated against for 20 years. She described a court case in Marin County. She said Program Director Lazar has been lying to Commissioners and bends the law. She said it’s the artist’s right to file an appeal. She said it’s the responsibility of the Commission to monitor staff and that Program Director Lazar must be held more accountable. She said she is in awe as to why she has to file with the Board of Appeals because she wasn’t asked her home address.
Debra King said she’s grateful for the program. She said that it doesn’t have the prestige of other organizations and sometimes she feels like the program is the orphan child of the Arts Commission. She said that she’s grateful that the Arts Commission is starting to listen to the artists. She said she wants to know what the artists need to do to gain more respect from the Arts Commission and that she’s open to hearing suggestions to feel legitimate.
Maria Sky said all street artists know the problems and that the evaluation helped make it clear. She said she looks forward to having solutions soon.
Steve Pogni said person after person is saying Program Director Lazar is a liar and that on Program Director Lazar’s word he loses his occupation. He said he sells 6 days a week with an almost blemish free career and that he’s painted like a bad guy. He said he’s helped many homeless people and obeyed managers for many years. He said that after a handful of questionable masks, he’s thrown out on the street. He said it’s unfair, that he’s “lawywering up” and will appeal. He said he feels unjustly treated.
Dr. Thang Dao-Shah announced the Advisory Committee call for new members has been extended until February 28. She said she was hoping artists can help spread the word to get more qualified candidates.
6. New Business and Announcements.
Discussion.
Commissioner Shelby announced that today is the first day of Black History Month. He said that a lot of his work the past 20 years has focused on the history of African-Americans in this country through music and theater. He asked to enter in the record the recognition of the first day of Black History Month.
Public Comment:
Tad Sky suggested that a final report and recommendations of the working group be presented to the Committee to be heard and considered at the end of this process. He said that the criteria needs to be implemented. He said that the program needs changes and there can’t be a program that’s losing artists, costing more and is ineffective. He pointed out that the evaluation said the monitoring and screening is ineffective and inefficient. He said that he listens to Commissioner Shelby’s music when he makes artwork.
Commissioner Sklar suggested a summary of working group meetings be available.
7. Adjournment.
Action.
There being no further business, the meeting was adjourned at 3:58 p.m. in memory of artists Jungsoon Lee and Curtis Dalton.
2/13/17, 1:10 p.m. AV
2/21/17, 8:50 a.m - amended AV
Respectfully submitted by:
Alyssa Ventre, 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
The schedule of the Street Artists Program Committee is available here: http://sfgov.org/arts/street-artists-committee/meetings
Translated written materials and interpretation services are available to you at no cost. For assistance, please notify Howard Lazar, 415-252-2222, 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, 415-252-2222, howard.lazar@sfgov.org.
Materiales traducidos y servicios de interpretación están disponibles para usted de manera gratuita. Para asistencia, notifique a Howard Lazar, 415-252-2222, howard.lazar@sfgov.org.
Ang mga materyales na nakasalin sa ibang wika at ang mga serbisyong tagapagsalin sa wika ay walang bayad. Para sa tulong, maaring i-contact si Howard Lazar, 415-252-2222, howard.lazar@sfgov.org.