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

Commissioners Absent:
Simon Frankel

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 2:31 p.m.
 

2.   Discussion. Presentation by Kate Faust: Revitalizing An Urban Arts Market: Evaluation of the Street Artists Licensing Program.

Deputy Director Rebekah Krell introduced Kate Faust, UC Berkeley Masters Public Policy student who focuses on equity issues. She evaluated the Street Artists Program for her master’s thesis.

Ms. Kate Faust presented her Street Artists Program evaluation, findings and recommendations. The final presentation can be found here: Revitalizing An Urban Arts Market: An Evaluation of the Street Artists Licensing Program: Presentation (PDF).  The report can be found here: Revitalizing An Urban Arts Market: An Evaluation of the Street Artists Licensing Program: Report (PDF).

Commissioner Sklar thanked the public for attending. She thanked Kate Faust for her presentation.

Commissioner Shiota thanked Ms. Faust for encapsulating such a large subject; she thanked her for a great presentation and for her recommendations.

Public Comment:
Richard Bruni thanked Ms. Faust for the presentation. He said the problem is that City Attorney Dennis Herrara said that street artists cannot be excluded on the basis of aesthetics or lack thereof. He explained that a vendor gets approved and then starts selling an imported product that looks like what was approved; so how is a commissioner supposed to enforce this issue? He said that, while the idea is good, there is no follow through and, without follow through, you can’t change anything. He said it was a really good presentation but that there has to be some kind of enforcement. He said that the handcrafts people are not going out on the street because of the vendors driving them out by price.  He also said that if you increase the number of vendors, the price goes down and then the artists will start making less.

Susan Tibbon, member of the Advisory Committee of Street Artists and Crafts Examiners, said that she and her sister started selling as street artists in Union Square in the 70s before there was a program. She thanked Ms. Faust for the presentation. She said that artists come before the screening committee with a variety of different crafts from different countries. She said the artists make things just like what is seen in the stores and looking identical to products found in other countries; she said she wonders how they would differentiate. She mentioned City Attorney Dennis Herrara’s idea of aesthetics and quality of the work: according to Ms. Tibbon, he said that no screening body could exclude or include on the basis of aesthetics or lack thereof. She said it’s a sticky situation and hard to define “quality of work”. She said that a strength of the program is the artists who have been with it for many decades and the historical memory of the program. She said the historical memory should be treasured.

Street Artist Tad Sky said he has been in the Street Artists Program for 42 years and that he’s benefited greatly as a jeweler. He said he wasn’t able to make a living in the fine arts for painting but that this program has helped him pursue his passion while making a living at the same time. He said that a major problem is the ordinance which hinders what the program can do. He said that the program is so easy to scam. He said that while most artists make what they’re selling, the “vendors” make it hard for the other artists to make a living and they are discouraged. He said that the Arts Commission’s strategic plan was great but street artists weren’t included in the process. He said that Ms. Faust’s presentation was terrific and that he had been interviewed by her. He said there are a lot of things to fix and should be fixed. He said that he noticed that commissioners weren’t “on board”; there were many cancelled meetings last year because of lack of attendance and still not all of the commissioners participated so there was lack of follow-up after meetings. He said that they need to come together to make the program better. He said that if the program wants quality, it must jury like the rest of the Arts Commission and the ordinance must be changed. He thanked the commissioners for wanting a better program and said that the next generation of artists should have a good program too.

Street Artist Kye Rorie thanked Ms. Faust for the presentation. He said that there’s a lot of energy to try to make things better. He said he’s been a street artist before the program existed. He agreed that some of the problems were outlined effectively: quality and enforcement. He said that the venues are very important and suggested that they pursue more venues than outlined such as Moscone Center or other areas that could be better or further developed. He said he recognized the problem with vendors: people who buy and sell goods or modify them minimally to meet the criteria. He said the new regulations are a good step forward and that there needs to be more enforcement. He said that Program Director Lazar and Program Assistant Licouris have limited time and availability to do things and commended them for an excellent job with time and resources. He said that it is fortunate to have the commissioners and everyone in attendance. He said we should all make an effort to make improvements, and he hopes that other artists bring up their suggestions today or in the future. He said that it’s tough for anyone to make a living since many artists aren’t making the standard minimum wage. He said he would like to see things better and raise the level of quality and income by creating more opportunity.

Street Artist Mara Murray wanted to share an observation of this past weekend. She said that she had a customer who was the concierge at the Hyatt. She asked him how he felt about the street artists in their vicinity, and he said that their guests come to them and the first thing he tells them to do is to go visit the artists. He said that 90% of their guests thank them for this opportunity to see the artists. She said that when their quality goes down, a lot of the public just walk through thinking their market is a flea market. She welcomes any opportunity for promoting the artists at hotels and tourist areas where the artists can be publicized as a handcrafted market and be on tourist lists. She said the artists are a representation of San Francisco and they should keep celebrating their uniqueness and promoting it; they have very talented people to act as representatives.

Street Artist Dora Greco, a 3-year program participant, said she is part of a family unit. She said that a family unit comes together to make their artwork. She explained that her unit creates fork jewelry and she found out that another artist is copying their work with inferior quality. She said that she and her family unit members were asked to screen again; but she suggested that every artist should be rescreened to verify that what is on their tables is what they can make. She said there have been some disagreements about family units taking multiple spaces but her family unit doesn’t take any other artist’s space, and that they each pay their fees.

Street Artist Drew Flores said that it was a nice presentation and that he wonders what the impetus was since these are issues that they’ve been talking about the last 25 years. He said that he never sees any action, that if there’s something they talk about, there is never action from it. He said that the artists need someone to represent them and what’s hurting the Program the most is the loss of spaces.

David Pilpel, member of the Sunshine Ordinance Task Force but speaking as a member of the public, said he saw the presentation highlights online but didn’t see a complete report which he is hoping will be available on the website. He said that it is great talking about the future of the program and what works and doesn’t work as well as aligning the Program with the Commission’s strategic plan and goals. He said, regarding the problems with the ordinance that it sounds like it should be put back on the ballot soon to reinforce things that make sense and change things that don’t make sense. He suggested that the Board be given the ability to make changes to the ordinance, as circumstances change with the concurrence of the commission, with a two-thirds vote which is the way that they change other laws in the City which still preserves what voters wanted but allows for types of changes to be made. He said that in the interim he likes referencing “SFMade” and maybe they could create a specific category for art made by individual artists. He suggested that the Program artists be certified as “SFMade” vendors as well and be allowed to display that as part of their booth to tell the public that the art is made by a local artist. He said that some changes can be made in the interim while still looking at how to make larger changes in the future.

Street Artist Michael Addario said that it was a good presentation but that it’s not a big surprise. He said that the “vendor” count might be low as many people think it’s more like 50% of the program. He said he knows it was a guess. He said if you were to remove those people, a big chunk of the money coming in would be lost. He said that the budget right now is $409,000 and that the street artists pay for it which is contrary to every other program of the Arts Commission. He said that the other programs are distributed money by the Arts Commission. He said that it is like Robin Hood in reverse. He said that this is where the Civil Grand Jury said is not a good fit and that it should go back to the ballot and the only way to change it is to create a non-profit. He said there are problems with family unit, vendors, and meetings. He said when the program first started, Warren Garrett had a meeting every week with agenda and minutes. He said that they were the original artists in 1970, not the Arts Commission. He said it is much different than what it is today. He said the only way to make it work is to change the program to a non-profit organization.

Commissioner Sklar thanked everyone for their input. She said the presentation was based on information gathered and that the next step is feasibility. She said that they know how slowly things work but they want to make changes and be consistent with the goals and mandate as an organization and commission. She said the commission wants to help fix it and wants the artists’ input. She said they will move forward, and a lot of what was said at today’s meeting is what Ms. Faust found in her interviews. She said that they are currently tied by the ordinance but they will keep everyone in the loop as they move forward. She said it is hard to meet frequently when no one is showing up.


3.   Discussion. Public Comment.

Jeff Potter, street artist at Justin Herman Plaza, explained that he created a petition to limit family units to selling in one space. He read his petition and said that, by limiting family units, he hoped to accommodate more individual artists to create a diverse market. He said this change would make it fair to individuals. He said that this petition contends that family units have an advantage over individual artists, that family units take multiple spaces which limits diversity and the opportunity for individual artists to get spaces. He said this abuses the originally fair lottery system. He said that if artists prove they can only create a part of the item, they should share a space with their entire family unit. He said that he presented the petition to the Justin Herman Plaza artists, and out of 95 artists, 91 said yes and 4 said no. He said it’s an important issue that needs to be addressed in terms of family unit and ability to gain space.

Jo Anne Fitzsimmons, street artist at Justin Herman Plaza, said they started a lot of discussion and that’s what makes her happy. She said everyone has valid things to share and wants to make the Program better. She said she read the “bluebook” and many things do not apply to the Plaza artists. She said she did not know what a family unit is since there is no clear definition. She said that Dora doesn’t know how to hold a file or make the craft she sells. She said she believes in quality and that she wants to get rid of the cheating. She said that the commissioners have to give  the artists the definition of a family unit.

Street Artist Gabrielle Aguirre read her statement to the commissioners. It said the following: She is opposed to the family unit petition and that it is a violation of the rules of the Street Artists Program. Her parents live in San Jose and joined the program in 2002. They raised her and her siblings from the money they made in the program and put their kids through college. She herself joined the program as a single mother. She pays the same amount as a single license holder and pays the same amount of taxes. She was screened and approved by the committee just like the other artists. There are no special privileges for family units and the fees are not subsidized. The family unit has been in existence since the beginning of the program whereby spouses work together and children learn from their parents’ crafts. The rules of the Arts Commission guarantee one license holder to one space and that the petition breaks up families which was not the intention of the program. She and her family have only one vehicle to get here from San Jose and they can’t drive around the city all day long. The petition is unfair and undermines the integrity of the program as well as affects the income of her family. The changes to the program should only be made by the Arts Commission. Ms. Aguirre could not finish reading her statement due to the 3-minute allotment to individual public comment.

David Pilpel, member of the Sunshine Task Force but speaking as a member of the public, said that he had heard about this meeting and now that he’s attended, it appears that the meeting is well organized. He said that the public is heard and different points of view are shared respectfully. He said he will share a few minor suggestions about agenda with staff. He said the way the meeting is conducted seems appropriate and he appreciates the back and forth and sharing of points of view. He stated that there are complicated issues and hopefully staff and commissioners can help sort it out.

Street Artist John Tunui continued reading Gabriella Aguirre’s statement. He noted that there are copies of it available as well. He said he was one of the members that didn’t sign the petition. He continued with Ms. Aguirre’s letter by saying that major changes should be made by the Arts Commission in conjunction with the City Attorney. He used an example of going to the movies and buying three tickets but only one person being allowed to see the movie. He said that the petition claims are misleading. He asked that the item be tabled for the July meeting. He said that the petition is not democratic because it abolishes the rights of the minority group.

Street Artist Sharon MacDougall said that she thinks if a street artist pays for the license, they should be able to take whatever space they want in the lottery. She said the petition to limit family units to single spaces is not fair. She also said that it is a bad idea to go to the ballot; it’s not the same town as it was 40 years ago, people don’t necessarily like the street artists, and the artists might lose the program.

Street Artist Michael Addario said that he’s a single license holder and he doesn’t like family units. He said he doesn’t know where they came up with the family unit idea but it’s in the ordinance. He said there is a City Attorney opinion of 1986 that says you can’t make any changes to the family units unless you go back to the voters. He said that everyone is afraid to go back to the voters but if they say no, everything will stay the same and the program won’t go away. He said that going to the ballot will be tough since you either have to have a certain amount of signatures or have a supervisor or the mayor put it on the ballot. He presented a copy of the 1986 opinion to the commissioners. He asked how the family unit idea would be enforced if it did get passed. He said there will be problems and fights. He said that the overall problem at the Plaza is the “grey spaces”. He said the biggest thing to do is figure out if the Plaza should be made legal and then they can all abide by all the rules in the bluebook. He said then the artists can agree on if they should vote for a manager or new, official spaces; but they can’t do things on their own or else there will be problems.

Street Artist Tad Sky said that he heard the audio of the last Street Artists Committee meeting and he said that Mr. Addario made some points that he would like to correct. He said that at the last meeting Mr. Addario said that the Justin Herman Plaza spaces are illegal, their 6am lottery is illegal, and the market manager is illegal. He said there is a difference between legal, illegal, official and unofficial. He said that the spaces are not illegal; they are unofficial. If the artists were illegal, they’d be kicked out by Recreation and Park and the Police. He said the grey area is a problem because some things they can do on their own like elect a market manager. He said the market manager needed to negotiate with all of the groups. He said they agreed to have a lottery because, if not, there would be chaos. He said they do need to change a lot of the grey area because issues do occur. He said that even though they are under Recreation and Park, it would be nice to have a contract. He said he is a single license holder and he’s against the family unit. He said that on Saturday, he set up across from a lady in a family unit with her husband. He explained that her son-in-law came and she left and the two gentlemen sold all day long so she ended up giving her space away. He said that he checked and her name was signed in and she never came back so that’s how family units give spaces away. He said that there was another family unit where the son and daughter worked until they left. He explained that after they left, the lady hired a homeless man until she eventually fired him.

Street Artist Drew Flores said that the main problem is that they’ve lost a large amount of spaces at Fisherman’s Wharf; now there’s one area with only 3 good spaces but there is always a family unit member set up in one of those spaces. For 3 spaces, Mr. Flores said he is against 8 people all in the same family unit; it’s not fair that the odds are that small.

Street artist Maria Sky said she has been in the program for 27 years. She said that the family unit petition would only be enforced at Justin Herman Plaza because the street artist spaces elsewhere are only 3x4’ whereas Justin Herman Plaza allows a 10x10’ space. She said some family units take up 20x10’ or 30x10’. She said she’s a single license holder and that everyone should have an equal size space to sell. While she herself came from a 3x4x5’ display at Fisherman’s Wharf to a big display at Justin Herman Plaza, allowing family units to have increased space is a mass destruction of the other artists.

Street Artist Dora Greco said she’s a family unit. She said on Saturday she and her family unit took only one space as usual. She said she was sick and she asked her son-in-law to come take over even though he was planning to go to Fisherman’s Wharf. She said that she’s sick with cancer and that’s why she had to leave. Family units protect themselves. She said they only had one canopy. She said that excess is what is wrong with family units since other units have 5-8 people and those are the artists to look at. She said she is not for excess.

Street Artist Brian Hopper said he agrees with Kye Rorie about getting more spaces and new venues. He said that the family unit at the Wharf is being abused because one unit member will get a space and give it to another family unit to sell in, and this is a big problem. He said he confronted one of the artists about this and that artist thought it was legal. He said there is lot of miscommunication about this issue.

Street Artist Kye Rorie said that he is a family unit with his son who is a recent member of the program. He said he doesn’t have a problem with the lottery because he and his son don’t go and they work in areas that no one else wants. He said there is still a lot of opportunity to sell even without going to the lottery. He said that they would be willing to give up their family unit status if that will help the program. He said that maybe some people should be willing to take a step back to make the program better.
 

4.    Discussion. New Business and Announcements.

Commissioner Sklar said that the Commissioners will look at the issues and that there are a lot of needed clarifications. She explained that this is part of feasibility of what the Arts Commission can and can’t do. She said she appreciates the input and participation and will move forward.

Public Comment:
Maria Sky requested that Program Director Lazar meet monthly with the market manager at Justin Herman Plaza just as he meets monthly with the Lottery Committee of the Wharf and Downtown lotteries
 

5.    Action. Adjournment.

There being no further business, the meeting was adjourned at 3:41 p.m.

5/21/15, 2:20 p.m. ADL
approved 6/1/15

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, 415-252-2583, 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.