1. Roll Call

Commissioners Present:
Barbara Sklar, Chair
Greg Chew
Simon Frankel
Janine Shiota
Marcus Shelby

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

The meeting was called to order at 2:30 p.m.
 

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

Program Director Lazar reported on the following:

Advisory Committee Criteria: On March 26^th, the Advisory Committee of Street Artists and Crafts Examiners will discuss what date to commence the approved arts and crafts criteria in order to allow all artists time to conform to the new criteria.

Kate Faust: Consultant Kate Faust is evaluating the Street Artists Program in conjunction with the Arts Commission’s strategic plan. She plans to develop legally, administratively and politically feasible recommendations on how the Arts Commission can align the Program with the agency’s strategic plan goals.

Public Comment:
Street Artist Michael Addario stated that the veteran’s fee exemption has not been mentioned recently. He said that 25 veteran artists received $38,000 which is roughly $2,000 per artist. He stated that veterans will no longer be paying for their license fees. He said that without counting the veterans, there are about 299 artists in the program. He said that this will save veterans $100,000. He thanked Mark Leno, Lamont Bishop and the Controller’s office since Program Director Lazar was misinformed. He said that the Program is like a dysfunctional family. He explained that the Clark brothers found $56,000 which was returned to the street artists and brought down the membership fees. He said there was also stolen money in the past that they were not informed about. He said that Program Director Lazar doesn’t give them information. He said that there was an issue at the Plaza where they almost lost many spaces. He said that Program Director Lazar has another job as a janitor at the South End Rowing Club.

Street Artist John Tunui said he is the current manager at Justin Herman Plaza. He said that he spoke to several veterans who informed him that Mr. Addario had been adamantly against the veterans getting the money back. He said to check the records and archives. Mr. Tunui commented about the missing $56,000; he suggested artists focus on their crafts. He said that Mr. Addario and the Clark brothers have incurred $50,000 of Sunshine costs to be borne the Program licensees.

Street Artist Paula Datesh said she wanted to explain about how difficult it is to renew a permit. She said she didn’t go up to the office on March 4 because of an incident a month before where she tried to drop off some paperwork. She said that office manager Anne Trickey began mouthing off and Program Director Lazar wouldn’t let her into the office but she dropped off her paperwork. She said that Anne was at the security desk explaining that Paula wasn’t allowed in the building and was speaking with Pat Patterson of Ethics Commission. Ms. Datesh said she videotaped it and filed a police report. Ms. Datesh said that she met with the building manager about the incident. Ms. Datesh said that she sent a certified return receipt money order and the return receipt came back but she hasn’t gotten her permit. She presented the Commissioners with 41 office emails she received from Kate Patterson and a paper trail asking about her permit which she would like entered into the public record.

Street Artist William Clark stated that he and his brother got $130,000 back for the Street Artist Program through their investigations. He said that all the interest that the program gets back is because of him and his brother since the City was taking interest improperly from the program. He said that it’s an ongoing amount and he does not blame anyone for not finding it since it was not an easy task.
 

3.   Action. Hearing and possible motion to approve proposal to request eight (8) permanent street artist spaces located on Market Street, north side, at Drumm Street, adjacent to the cable car line, to be placed in the Downtown lottery.

Program Director Lazar explained the lottery systems of the Street Artists Program and the background history of the Drumm Street spaces. He said that because of the lack of interest, these 8 Drumm Street spaces were taken off of the Downtown Lottery sign-up sheet. He said that this proposal from William Clark is asking that the spaces be returned to the Downtown Lottery.

Street Artist William Clark explained that the street artists lost 27 prime winter holiday spaces. He said that since he couldn’t sell on Stockton Street, he was interested in the Drumm Street spaces. He said he saw several people selling at Drumm Street and he asked Program Director Lazar if the spaces were still legal. He said that Program Director Lazar said that the spaces originally were in the Downtown lottery but they were removed, that he didn’t know when and if they were getting the Stockton Street spaces back, and that he was told that for the Drumm Street spaces he would have to go to the 6 a.m. lottery held at Justin Herman Plaza. Mr. Clark explained that these spaces are not the first choice spaces at the Plaza. He said that his attitude is that move downtown spaces need to be obtained to make up for the loss of winter holiday spaces. He said that he doesn’t feel as a street artist he should have to go to a 6am lottery when the spaces were originally part of the Downtown Lottery. He reiterated that they need more Downtown spaces and that he’s happy with the smaller selling space.

Public Comment:
Street Artist John Tunui presented a petition signed by 134 street artists in opposition to the agenda item. He said that one person is adversely affecting the street artists,  that they never had any problems before with these spaces, and that Mr. Clark wants the lottery changed. Mr. Tunui said that these spaces are 40 feet away from rest of the Plaza. He stated that this is not the first time Mr. Clark has jeopardized the livelihood of street artists. He said that spaces B-13 through 17 were lost for 6 months because the artists had to return to the Board of Supervisors to get those spaces back when Mr. Clark made a Sunshine request about them. He asked Commissioners to not let one artist cause any more hardship.

Street Artist Paula Datesh commented that the petition should be distributed. John Tunui presented extra copies to the public.

Street Artist Jo Anne Fitzsimmons thanked the Commissioners for being here. She stated that, several years ago, there was not enough space at the Plaza. She said that she noticed these Drumm Street spaces were available, asked Program Director Lazar about them, and was told she couldn’t use them. She said that if Mr. Clark had seen anyone selling in these spaces, it was illegal vendors. She explained that there has been heavy construction as well as homeless people around the spaces. She said the artists have not used these spaces and she thinks they would look much better in them. In addition, she said that she thinks the hotel would appreciate street artists in those spaces. She said that the artists have good relations with their business neighbors. She said the spaces belong to the Plaza artists and should be with them.

Street Artist Paula Datesh said that the logistics do not work since there has not been a Downtown Lottery during the weekdays since December. She said that long time street artist Al Gamarra got a lottery slip from the office written by Program Director Lazar. She said that since the Downtown lottery is not functioning, she wasted time going down there. She asked to call attention to John Tunui who, she said, she doesn’t know. She has taken him to court twice. She said that Mr. Tunui’s tone is personal attacks and vendettas against people. She said she purposely doesn’t go to Justin Herman Plaza to stay away from the drama he invokes and it causes her a lot of panic.

Street Artist Michael Addario said the petition is very slanted and it is not fairly written. He said that, by looking at the petition, there is no way to tell who these people are that signed it. He said that the petition is only written in English and there is a large Asian population in the Program. He said that the spaces at Justin Herman Plaza are illegal spaces since the lease was not renewed. He said the spaces are now gray area, the 6am lottery is not legal, and the market manager not legal. He asked the Commissioners to check the book. He said they [the artists] make up rules and do it without the consent of the Commissioners. He said he sells down there too and when Mr. Tunui does these things, Program Director Lazar does nothing. He said there is a problem at Fisherman’s Wharf and Downtown losing spaces. He said Program Director Lazar took two years to go to the Port to get spaces. He said that the Civil Grand Jury said “institutionalized neglect”, the Controller said Program Director Lazar isn’t doing his job, and the Board of Appeals said Program Director Lazar did not have an adequate presentation. He said that the Port’s CBD’s David Berbey said the Program isn’t managed well, that a recap of a meeting with David Chiu said that the Street Artists Program shouldn’t expand any further within the Port, and the items sold are the same items anyone can buy in Chinatown. Mr. Addario added that the Arts Commission is asking for $400,000 in the budget and that they are treating street artists “contemptible”.

Street Artist Robert Clark said that the proposal was just to get a few more spaces in the Downtown Lottery. He said he wanted to clarify that William Clark got Justin Herman Plaza from the Redevelopment Agency in 1972 and he helped pay for the insurance. He said William Clark sold at Justin Herman Plaza until Prop J was passed which opened the streets for other spaces. He said that Justin Herman Plaza doesn’t have much to do with what was proposed. He said that the Drumm Street spaces haven’t been in the Justin Herman Plaza lottery which was clarified by Program Director Lazar. He said that the only good point is that Justin Herman Plaza is a quasi-legal lottery and isn’t approved by Arts Commission. He said he thinks that people who pay almost $700 to be in the Program should be able to pick spaces that are designated and in a designated lottery set up by the Arts Commission. He said that we’re just trying to get more spaces and, if people are selling illegally, then the artists should ask the City to get those spaces.

Street Artist Debra King stated that she is thankful for the service of Program Director Lazar and John Tunui. She said it is not easy to be a community. She said that the spaces in question are auxiliary spaces. She said that any artist before noon can use these spaces; they’re not highly desirable spaces and it’s nice for other artists to exhibit in these spaces.

Street Artist Jeff Potter said that he’s a street artist at Justin Herman Plaza. He said that he goes to the 6 a.m. lottery with about 150 other artists. He said to give up these spaces which are next to Justin Herman Plaza to someone who is too lazy to go to the 6 a.m. lottery is pointless.

Commissioner Shiota asked Program Director Lazar for the history of the spaces and how to renew the spaces. Commissioner Frankel asked about more history involving the Drumm spaces.

Program Director Lazar said that the Drumm spaces were obtained in 1987. He said that they were originally placed in the Downtown Lottery because Justin Herman Plaza was not as viable as it is today. He said his understanding was that very few people ever signed up for these Drumm Street spaces but artists just showed up and sold in them. He said there wasn’t a need for a lottery for the best space because they were all of equal value and they’ve been open. He said that the only time these spaces were in the ad hoc Justin Herman Plaza lottery was either the day before Christmas or during the pro-life event but that they have been obtained on a first-come first-served basis. He said they were deleted from the Downtown Lottery signup sheet because no one was signing up for them. In recent times, he’s seen only illegal or homeless camped out in the spaces plus construction.

The Commissioners continued their discussion about the Drumm Street spaces.

Program Director Lazar added that the Commissioners could consider establishing a special lottery for just the Drumm spaces.

Street Artist Enrique Perez said that he signed the petition and he wants the spaces to remain accessible Justin Herman Plaza artists. He said that he has never seen anyone from the Wharf or Downtown sell in those spaces. He said the Plaza artists have given them life and have helped get rid of homeless people and illegal vendors.

Commissioner Sklar asked that this motion be rewritten for the next meeting. She said she sees leaving the spaces the way they are because it’s working, but the motion today does not reflect any of the arguments heard today.

The Commissioners continued their discussion about the Drumm spaces, the history of the lotteries, how to obtain a space through the lotteries or without having to go to the lottery, and whether this should be an administrative decision.

Commissioner Shiota commended the Plaza for being self-organizing and working together, but she said there is a lot of gray area which needs to be formalized.

Street Artists Jo Anne Fitzsimmons said that the Drumm spaces are on the same block as Justin Herman Plaza. She invited Mr. Clark to sell at any time when those spaces aren’t taken and she said she can pretty much guarantee they’ll be available. She said that there are probably better spaces available at the Plaza.

Street Artist John Tunui said that these spaces were created in cooperation with their merchant neighbors, and the artists helped to move the homeless encampment out. He said that the Commissioners can at least reject the proposal today.

Street Artist Jeff Potter said that he wants to address Mr. Addario’s comment about David Chiu saying the Wharf artists sell the same items you can buy in stores. He said that at Justin Herman Plaza, the artists avoid that and don’t honor that behavior.  He said that if the spaces elsewhere were lost because of this bad behavior of some artists, he would not want them to sell in spaces on at the Plaza.

Street Artist William Clark said that he has sold at the Plaza, and it’s absurd that artists who don’t sell at the Plaza can’t have a say about these spaces. He said that these 8 spaces were designated and taken out of the lottery without everyone’s knowledge. He said he’s only talking about the 8 spaces, that the Downtown Lottery happens every Monday, Wednesday and Friday, and there’s always a Committee member present. He said that he’s asking to help make more spaces available Downtown. He said that the loss of the Wharf spaces was because the wall was built on Jefferson Street and not because of  bad behavior. He said that he’s asking for these 8 spaces because they now look more lucrative since the artists lost other spaces. He said he doesn’t want to get involved in personalities.

Street Artist Paula Datesh said that everyone has the same permit. She said that she doesn’t understand why there is territorial nonsense and hatred. She said that these are simply 8 spaces and this issue will come up at the next meeting. She asked that the following be put into public record: these are legal spaces, and anyone with a permit can go there before 12 p.m.

Commissioner Sklar thanked everyone for their participation.

There was no motion.
 

4.   Discussion. Public Comment.

Street Artist Michael Addario stated that Jeff [street artist Potter] said that Justin Herman Plaza is different than the rest of the spaces but these spaces are gray areas because the lease was lost. He said that John Tunui took it upon himself to do things his way but he’s not a legal manager. Mr. Addario presented an article about the best places to see artists and he stated that it only speaks about Plaza artists. He explained that when they had the anniversary, all of the posters were of Plaza artists. He said that the Wharf is being neglected and major Downtown spaces were lost. He said that John Tunui worked with the office to choose artists for a project but it was never mentioned. He said that street artist Surreya asked John about the email he sent and John said the hotel asked him to pick the artists and went on to explain the email correspondence between Surreya and John. He said that John then went into Surreya’s booth and Jeff harassed her too. Mr. Addario said that Program Director Lazar isn’t doing his work and he should be fired.

Commissioner Sklar asked Mr. Addario to control his language.

Mr. Addario continued that, for 40 years, Program Director Lazar has had a side job and the artists are getting charged for it.

Commissioner Sklar warned Mr. Addario that she would ask him to leave if he cannot control himself.

Street Artist Sharon MacDougall said that Program Director Lazar is great and part of their program. She said that what Mr. Addario has said she should be ignored.

Street Artist Jo Anne Fitzsimmons said she really likes Program Director Lazar and it is always a pleasure to see him. She said that Program Assistant Licouris does a great job too. She said that the community of artists at Justin Herman Plaza are family and they look out for everyone’s betterment. She said that John Tunui was elected for the second year and serves for no money other than what the artists give him as donations. She said that he is rare and works so hard for all of the difficult personalities. She said that most people that Mr. Addario mentioned don’t play well with others but that it is unfair to mention them since they are not present. She said that they all work together.

Street Artist William Clark stated that the courts ruled that the public can make an offensive remark. He said that we are all emotional people and that the Plaza artists and the Wharf artists have different problems. He said that he is allowed to offend the Commissioners based on the First Amendment even if the Commissioners disagree. He said that he never knows where he is going to sell until he gets his space. He recommended that the Commissioners read the entire ordinance in detail to get a good grasp of the lottery process which would explain why he takes prime spaces so seriously.

Street Artist Paula Datesh she said there’s a lot of animosity in the room and that she doesn’t get it. She can see how it can interpret onto the internet as a bunch of YouTube videos and her taking someone to court that she doesn’t even know. She said that she wants to talk about the 5 page updated criteria which hasn’t been given out to anyone except for at one meeting where it was in explanatory document. She said that she finds it distressing that the document has not been publicized since it affects a number of people in the program. She said that there is no mention when or how it will go into effect. She has gotten 5 letters over bottle caps and 5 emails to make an appointment; she said it is strange and weird. She suggested trying to make the criteria available to artists and in different languages. She said she keeps getting ultimatum letters which she doesn’t open anymore. She said to either schedule a hearing or leave her alone since she doesn’t understand what letters are about and wants them to stop. She said she gets an average of 40-20 emails a day from various employees from the Arts Commission. She said she sent an e-mail to the Commission Secretary and told her to go through the intern first to screen nonsense.

Commissioner Sklar commented that the first item of the Program Director’s report was about the criteria and that the date will be determined. She asked Ms. Datesh to listen to what is being said. Commissioner Sklar said that everyone has the right to say whatever they want but she thinks that being polite gets you farther.

Street Artist John Tunui said he wanted to thank Commissioners for being on the Committee. He thanked Program Director Lazar Lazar and staff for “doing an incredible job” and he said he was happy with the Arts Commission. He added that if some don’t like it, they should find another job and leave the program alone.

Street Artist Robert Clark wanted to thank William J. Clark for years of free volunteering, getting over $130,000 for artists, organizing artists, getting Justin Herman Plaza, hours of helping to create the program before Program Director Lazar was an employee. The Plaza artists don’t know what it’s like to be a real street artist, they can pretend to be a real artist at their crafts fair, but the street is where the real revolution is happening.

5.    Discussion. New Business and Announcements.

Commissioner Chew commented on the movie, Big Eyes, and asked if the Keanes had been street artists.

Program Director Lazar said he wasn’t aware that they had been but he had been approached by a man calling himself Walter Keane and wanted to know how to get a permit; Program Director Lazar said he explained how it was done but he never saw him again.

Commissioner Sklar explained that she recently returned from an educational trip to Cuba to study the arts. She stated that she was impressed by how the community of artists worked together. She said that the Cuban street artists gave free classes to children. She was inspired and feels that the San Francisco street artists are a necessary part of the art scene. She asked that the artists participate in the Arts Commission survey and hopes to see artists’ suggestions.

Commissioner Shelby said that he appreciated all of the street artists attending. He said that, as in his music world, there are issues to work out for the betterment of the group. He said that he is still learning but he’s listening and he sees the passion and great artists of the Program. He urged the artists to find a common agreement in order to flourish. He said that they can’t communicate if they’re attacking everyone. He said that it is time to work through issues and that they should all respect each other. He said he believes in the program and is proud to sit on the Committee but he would like to see the artists respecting each other. He said that, as artists, they heal the community and society with what they make.

Public Comment:
Street Artist Sharon MacDougall said that 99.9% of the artists get along with each other and don’t usually come to the meetings, whereas those that don’t get along are usually at the meetings.

Street Artist Paula Datesh said she won’t be here in June.


6.    Action. Adjournment.

There being no further business, the meeting was adjourned at 3:42 p.m.

3/18/15, 11:15 a.m. ADL
approved 4/6/15
 

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.

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, 415-252-2583, howard.lazar@sfgov.org.