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

Commissioners Absent:
Marcus Shelby

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

The meeting was called to order at 2:31 p.m.
 

2.  Public Comment.
Discussion.

Ann Treboux said that she was slandered by John Tunui at the last Street Artist meeting. She said she went to 47 court dates to get him to stop harassing her. She said that she never was questioned by an Arts Commission employee. She said that John Tunui had 11 SFPD reports filed on him and he was never disciplined. She said that Program Director Lazar endorsed his behavior and that John Tunui posted slander on the internet. She said she spoke at 18 Arts Commission meetings about this and no one did anything. She said that for the past 30 years Program Director Lazar has spread lies about her to various people. She said she was at Justin Herman Plaza having lunch and told her that he claimed to ban her from various City buildings. She said she taped it. She said that on October 19, she came to attend a public meeting in this building and that Anne Trickey of the Arts Commission tried to kick her out of the building and the head of security came to speak to her. She said that no one had a copy of the restraining order and Ms. Trickey was never disciplined.

Michael Addario presented a video that was recently digitalized about the early street artist movement.

Tad Sky said that Michael Addario has been posting these videos and is doing a great job. He said that Mr. Addario has had trouble trying to raise funds for this project and that the Arts Commission should give him money for this project and put it in the archives. He said that this is an important legacy that new artists have no idea about. He said that he hopes the Arts Commission considers helping Mr. Addario with the funds.

Abby Ellis said that she’s been a street artist since the very beginning and that this Program has been her solo means of living. She said that Mr. Addario’s film was wonderful and should be archived. She said that she sold in Union Square before the Program started and that artists guarded their spaces with guns and sold things they didn’t make. She said that she’s glad the Program is regulated and that the economy is very different from before and is evolving. She urged the Commissioners to go slow in making changes to the program.

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

Program Director Lazar reported the following:

Board of Appeals: Manuel Loli filed an appeal with the Board of Appeals to overrule the Street Artists Committee’s decision to deny a renewal of his certificate. His hearing with the Board of Appeals is scheduled for Wednesday, December 9th @ 5:00 p.m. in City Hall Room 416.

City Attorney: Program Director Lazar met with the Arts Commission’s deputy city attorney and requested research and advise relative to the three questions submitted by street artist William Clark: (a) whether a 1990 resolution by Rec and Park “has the effect of illegally amending Proposition L, the Street Artist Ordinance”; (b) whether California Government Code Section 27100.1 supersedes the March 14, 2001 opinion written by Deputy City Attorney Adine Varah that the City did not have a fiduciary duty to hold in trust the street artist fees collected in the 1970s; and (c) whether the Arts Commission has to wait for a street artist applicant to obtain Business Tax Registration from the Tax Collector’s Office before the Arts Commission can issue a certificate to the applicant – in other words, “whether this policy conflicts with SF Business Tax regulations Code Article 12, Section 856(b) which requires a person to obtain a Small Business Tax Registration Certificate 15 days after commencing business”.

Winter Walk: The “Winter Walk” on Stockton Street will be created again this year on Stockton Street so merchants can partake in the winter holiday selling season. At the January 2015 Street Artist Committee meeting, Karin Flood, Executive Director of the Union Square Business Improvement District, told the Commissioners that she would be open to talking about this season’s “Winter Walk” to possibly include a group of curated street artists. Program Director Lazar said he contacted Ms. Flood and she told him that this year’s “Winter Walk” would accommodate four (4) street artists whose arts and crafts as well as their stands would be curated; that the 4 stands would be situated by the Apple Store (the west side of Stockton Street near Market and Ellis streets); and that the Business Improvement District would curate the artists who wish to be considered to be included in the “Winter Walk”. Program Director Lazar said he recommended that 16 artists be selected in order to rotate them in the 4 spaces for two reasons: (a) not all selected artists may wish to sell on Stockton Street for the entire season, and (b) there would be more diversity of arts and crafts offered to the public. Program Director Lazar said he further recommended that 3 days be selected for the BID’s consideration of artists, and that the Street Artists Program office notify all street artists who have email that, if they wish to be considered, they participate in the lotteries at Justin Herman Plaza to set up in the Plaza for the BID personnel to view their wares and their stands. Ms. Flood expressed agreement to this procedure.

The Business Improvement District’s application for its “Winter Walk” permit will be considered by the SFMTA’s ISCOTT Committee on Thursday, November 12th, @ 9:00 a.m., at 1 South Van Ness Avenue, 7th floor.

Super Bowl Update: Program staff attended a meeting of Super Bowl 50 and learned that the event will create a “Super Bowl City” encompassing Justin Herman Plaza and Market Street from the Plaza all the way to Davis Street. It will effectively displace some 80 street artist spaces in the Plaza as well as 36 spaces on the north side of Market Street, situated from the Plaza to Drumm Street; and it will displace them not only during the event which will run January 30 – February 7th but also during some 9 days for construction of the event and its dismantling, a total of 18 days.

At the meeting, Program Director Lazar expressed that either the artists be able to sell in the “Super Bowl City” or be compensated for not being able to sell.  He said he has no further details; but Program staff are pursuing these avenues.

Commissioner Chew asked about sales. Program Director Lazar said that July and the winter holiday season are probably the most lucrative for the artists.

Public Comment:
Michael Addario said that there was little notice of the “Winter Walk” last year and there was no time to do anything about it. He said that artists lost $117,000 (49 days x 12 spaces). He said that artists had a bad year. He said he was hoping a motion of the January 2015 meeting about additional spaces be put on the agenda. He said that he got a response from Arts Commission staff telling him that the Chair of the Committee can direct Program Director Lazar to go to the Board of Supervisors. He said the artists need additional spaces. He said he doesn’t agree with curating and it will cause a lot of trouble within the Program. He said that once an artist is in the program, they’re allowed to sell in any designated space in the City. He said if the BID wants to evict artists from the spaces, the artists should be compensated just like when a movie is filmed. He said it’s $200 per space per day. He said that they run a lottery and it’s fair.

Ann Treboux said that the Director’s report didn’t appear in a written form so members of the public didn’t know about it until it was presented. She said she’s trying to make sense of it. She said that they have permits to display on city sidewalks. She said to curate in a non-juried form doesn’t make sense. She said that they don’t have enough information about the logistics and she said time is short.

Karin Flood, Executive Director of the Union Square Business Improvement District, said that the MTA has taken over Stockton Street for 8 years and the project will be completed in 2019. She said that merchants have had to deal with dirt, dust, and sales are down. She said they created the “Winter Walk” last year. She said they want to create a clean, fresh, open space with food trucks with minimal sales. She said there is an application for sponsors and that will help them pay for the event. She said they’re trying best to accommodate the artists since the artists were there before. She said that they’re making an exception although their experience with the Arts Commission has been less than positive. She said that there is no real regulation, nothing is standardized and it looks messy especially at Hallidie Plaza. She said her predecessor spent a year working with the Arts Commission to try to standardize. She said she’s open to starting that conversation again after the “Winter Walk” and coming up with standards and that they want to work with the Arts Commission.

Commissioners Shiota asked if the number of artists (16) had been formalized. Ms. Flood said it was still being discussed but she was open to the idea.  

Commissioner Frankel asked where the four spaces would be located; Ms. Flood said at Stockton and Market, right in front of the Apple Store.

Tad Sky said that the BID proposed some standardized, beautiful displays 2 years ago and he wondered where the proposal went. He said it was a great idea since the displays Downtown are a little sloppy. He said there was a conversation about making nice displays, that it would be nice to have artists in the “Winter Walk”. He said that the “Winter Walk” was a dead area last year because it was vacant and open. He said that food trucks and curated artists would enliven the area, and that being by the Apple store would be a good match. He said that while 4 spaces is stingy, everyone can share in the holiday season.

Program Director Lazar explained that the BID project two years ago had a pro bono architect who designed a display of uniform colors and signage selected by the Arts Commission. He said that the BID person heading the project retired and the quotes for building the displays were prohibitive. He said that he himself went to the Board of Supervisors to get the spaces of Hallidie Plaza amenable to accommodate the uniform displays.

Commissioner Shiota asked about the cost of the displays. Program Director Lazar said he thought it was about $10,000 - $12,000. Commissioner Shiota suggested putting a call out to all artists to design a street artist display.

The Commissioners continued their discussion on the Hallidie Plaza project and artist involvement in the “Winter Walk”.

Abby Ellis said that the idea of artists “cross-pollinating” with the community is a wonderful idea. She said that so much brainstorming can be done. She suggested a special meeting to be held to discuss how artists feel about being members of the community and how they can interact and invite community members who are not street artists. She said communication can be fun and is a form of art.

Steve Kogan said that he’s been a street artist for 40 years. He asked if beads would be considered for the “Winter Walk”.

Program Director Lazar said that all artists are eligible to compete for the “Winter Walk” spaces and the work would be chosen by the Union Square Business Improvement District.

Ms. Flood clarified for Commissioner Shiota the jurisdiction with the artists participating in the “Winter Walk”.

4.   Hearing and possible motion to authorize Program Director to request Board of Supervisors for permanent designation of four (4) street artist spaces located on Market Street, north side, Drumm to Steuart streets.
Action.

Program Director Lazar explained the proposal for the 4 spaces on Market Street between Drumm to Steuart streets. He explained the history of Arts Commission’s obtaining for the artists the other spaces along Market Street. He said that the Drumm Street spaces had been temporarily moved to Market Street because of construction and now they have been moved back. He said that this leaves an opening where the artists who are making the proposal feel the opening would be large enough to add 4 more spaces. He explained that these 4 proposed spaces would be 10x10 feet which is what the artists already use. He said that the hotel and businesses have been happy to have the artists and that the artists have helped displace panhandlers, the homeless and other problems.

Public Comment:
Tad Sky said when you get a license, Program Assistant gives you a packet about the spaces of which some are good and some are not so good. He said that Justin Herman Plaza has become more popular and that the Plaza is now filled up. He said that the hotel likes the artists and that there is no opposition to the proposal. He urged the Commissioners to approve the motion.

Ann Treboux said that the Drumm Street spaces were on 4 different agendas this year and an hour and a half of discussion was spent about the Drumm Street spaces. She believes that street artists have no say about the agenda items.

Michael Addario said that he agrees with obtaining more spaces. He said that growing out of hand like cancer and there is the wide expansion at Justin Herman Plaza. He said he sometimes sells there but that the pie is being sliced thinner. He said they need more good spaces. He said that there is a difference between spaces and spaces where you can make money. He said that it would be good to have spaces at Pier 39. He said that if the “Winter Walk” doesn’t go through, they could have spaces in Moscone, Golden Gate Park or Haight Street. He said that they can’t stay in one area which gets too congested. He said that Mayor Newsom complained about Market Street being too crowded. He said he agrees that they need new spaces. He said that Justin Herman Plaza used to be a wasteland and artists were asked to be there but they can’t ignore the Wharf or Downtown.  

Abby Ellis said that she mainly sells Downtown on Grant Street. She said that local people love the Program. She said that people who are Downtown often don’t have time to go to the Embarcadero on their lunch hour. She said that the Program should be all over the city and therefore not to neglect Downtown workers. She said it’s not just tourists she sells to, but that half of her business is from locals.

Maria Hillius said that any artist can present a proposal to the Program Director for spaces to legalize spaces. She said the issue at hand is about where the majority of people like to be; the artists, as a group, are presenting proposal to make legal spaces in the open area.

Motion: Frankel, Chew

The motion was unanimously approved.

5. Presentation of findings from the Feasibility Study of the Street Artists Licensing Program Evaluation Report Recommendations by Kate Faust, MPP.
Discussion.

Deputy Director Krell said that Ms. Faust will be presenting virtually. She said that Ms. Faust’s work is within the framework of the strategic plan whereby the Arts Commission is evaluating all of its programs to increase efficiency and effectiveness. She explained that Ms. Faust was hired for an objective analysis of the program with a focus on solutions. Ms. Faust started her work in January 2015 and her first report was issued in June. She will be presenting a second phase of her work today and will issue a follow up report after she can incorporate feedback today. She said that Ms. Faust has engaged a variety of stakeholders, 1-on-1 interviews, as well as having surveyed program participants. She said that the focus on community engagement is important to the agency as a whole as well as within the Street Artists Program.

Ms. Kate Faust presented her Street Artists Program Feasibility Study. Her presentation can be found here: Feasbility Study Presentation by Kate Faust, MPP (PDF).

Commissioner Chew thanked Ms. Faust. He said he hopes Ms. Faust takes into consideration that the Program can maintain its folksy character.

Commissioner Frankel asked what the potential legislative amendments would be and about the Program’s name. Ms. Faust said that there are a lot of possible names that reflect the Program better with input from various stalk holders. She said that the ordinance currently dictates every process.

Commissioner Sklar thanked Ms. Faust for her work. She said that she feels the Commissioners need time to look at the details and to hear from public opinion. She said she hopes to continue the discussion. She wanted everyone to know that it’s an open-ended process and she looks forward to comments as the Commission moves forward.

Public Comment:
Tad Sky said that there is a good deal to comprehend and that there hasn’t been a lot of discussion. He said that there was a small focus group in August but the participants disagreed on a lot of issues. He said that much of discussion needs to happen and many artists haven’t seen all of the details. He said that whenever there has been a change, he took a vote at the Plaza. He said that there should be a questionnaire with these issues to get a democratic vote on what’s important. He said there are a lot of issues that artists want to weigh in on, and the questionnaire would help get feedback from the entire community. He said that while there’s much of disagreement about these issues, Ms. Faust did a good job on opening the discussion about the Program. He said that everyone wants the Program to be improved, but the question is how.

Abby Ellis thanked Ms. Faust for her presentation. She said that Ms. Faust was first introduced as a student doing a master’s thesis. She said that she, Ms. Ellis, didn’t have time to do the survey and didn’t have any idea that the Program would be evaluated which is distressing. Had she known, she said she would have added input to the process. She said that she’s been in the Program for 42 years and that there is a lot of quality in the Program. She said that artists are making a living in the Program and if she had to work 3 days a week, as Ms. Faust recommends, she would have a big struggle to keep up. She explained the crafts that she creates, and said that she was able to raise 2 children because of being in the Program. She said that she works many days a week. She said that a lot of the problems deal with the economy and not the Program. She said that she’s read books about management, and that many times people try to change a whole organization rather than focus on the actual problem.

Michael Addario said that he has been a street artist for over 12 years. He said that Ms. Faust has no experience in evaluating public markets in street artist programs. He said that she’s very smart but she has no experience. He said she didn’t compare this program to other street artist programs. He said that Ms. Faust and Ms. Krell are both graduates from the same school. He said that the feasibility study was never “agendized” or never went to bid. He said that the artists pay the Arts Commission. He said the artists haven’t received anything. He said that Ms. Faust refused to interview known critics of the program. He said that the Arts Commission is discriminating against the artists because of their profession. He said that it has created a defacto caste system. He said that Ms. Faust neglected to look at the 1^st Amendment right of artists and that they should pay nothing to sell on the street. He said that she made a mistake against differentiating between income and sales.

Drew Flores said he’s been a street artist for 25 years and a Lottery Committee member at the Wharf. He said that the problem with the report is that it was introduced to the artists as an evaluation of management. He said he doesn’t think there are a lot of problems with the Program. He said that the biggest problem is enforcement. He said that previously, the Arts Commission was an advocate for the artists. He said that the Program is dying at the Wharf and the artists are losing their spots. He said that they need someone to advocate for the spaces they lost which are some of the best spots. He said that only 5 spots at the Wharf are good. He said that hiring an attorney would be money better spent than the report. He said Ms. Faust did a great job presenting but there were not a lot of epiphanies.

Kathy Hallinan said that she has been a street artist for over 40 years and a lottery committee member for over 20 years. She said that one street artist said that if they wanted to do a good survey, they should have given Ms. Faust a license so she would be able to see how the Program works. She said that the survey was initially presented as a management review. She said that to her knowledge there is no performance review which, according to her friends, is a yearly report. She said that at the focus group she was the only person from Fisherman’s Wharf. She asked that others from the Wharf be invited but that didn’t happen. She said the entire focus of the group was about changing the name and legislation, but she doesn’t feel like that’s necessary. She said the Program and name are well known. She said that Angela Alioto replied to a Facebook comment that she loves the street artists and the Program. She said that Ms. Faust has good ideas but she missed the point and didn’t reach out as Tad Sky said. She said it’s a rush job to make changes. She said she’s been making her product over 41 years, and that there’s a lot of time to make the product but not a lot of time for politics.

Ann Treboux said that she didn’t know which points were going to the Board of Supervisors and which were going to the ballot and she didn’t know the timeline. She said that the she believes the study’s outcome was set at the beginning. She said that Ms. Faust went to her alma mater to get a candidate and there was no open call for candidate. She said that Ms. Faust was under Mr. Krell’s direction from the beginning. She said that Program Director Lazar chose a small number of artists for Ms. Faust to meet on the street. She said that the focus group was a passive meeting body and there were no minutes so no one knows what took place. She said that it was not an academic study and the purpose was to provide Ms. Faust with credits to graduate. She said that the recommendations are not practical or financially feasible. She said that Ms. Faust has no ideas about what it’s like to be a street artist. She said that management is a mess.  She said there is no accountability within the Arts Commission or Commissioners. She said that 40% of stands have mass produced items and they should be kicked out.

Phyllis Williams thanked Ms. Faust. She said that, at the onset of the study, it would have been good to know what the questionnaire was about and to be more transparent. She said that there is an need for a paid market manager at Justin Herman Plaza. She said that all of the managers leave because they can’t make a living doing both jobs. She thanked Ms. Faust for starting the discussion.

6. New Business and Announcements.
Discussion.

There was no new business.

Public Comment:
Tad Sky said that there used to be a liaison committee that wasn’t very successful but the idea was good. He said that different areas of artists don’t come in contact a lot. He suggested that the lottery committees come together and have discussion about the feasibility of having a new liaison committee. He said that it is important to gain more of a consensus of what to do to move forward and a liaison committee could help disseminate information. He said that commissioners come and go; although there have been had some good commissioners. He said that a liaison committee could work with the Arts Commission and Program Director Lazar to get a consensus over changing things. He said that initial screening is good but inspection after is not so good. He said thatthere have been items not always 100% handmade since the beginning. If there is communication between street artists, committees and commissioners, he said, something could get done. He also suggested that the lottery committees could come together informally and they can make some changes.

Michael Addario said that Kate Faust described two types of artists that the Arts Commission is serving – vendor entrepreneur and artist. He said that the vendor entrepreneurs are committing consumer fraud by selling something they’re buying and selling. He said that those people must be removed fast since the longer it happens, the more it hurts everyone. He explained that many long time artists have left. He suggested bringing in market consultant David O’Neil. He said that he called Mr. O’Neil years ago to ask him about the Program. He said that Mr. O’Neil said it’s hardest to change a mature market than start a new one since you’re up against politics. Mr. Addario explained that membership will go down, fees will go up and they will kick out artists having a hard time. He said he thinks the Arts Commission should bring in the consultant.

Ann Treboux said that it is a nightmare on Market between 4^th and 5^th streets. She said that the last time the Advisory Committee monitored was in March. She said that Manuel Loli causes fights. She said that the hat stand that sells 1,000 hats goes unmonitored and they make $5,000 in unreported sales a week. She said that with having a little stand of handmade goods, it’s hard to make a living around these other stands. She said that there’s no monitoring in the area and that the artists can’t police themselves. She said the artists have paid into the Program to go out and do their job. She said that if the Program questions 1 permit a year, they should build a case for the Board of Appeals.

Kathy Hallinan said that she doesn’t go to Justin Herman Plaza. She said that there was a focus group and she was the only person invited from the Wharf. She said that she can’t make enough product for a big display or be there early. She said that the economy is affecting a lot of artists. She said she’s been busy and still getting compliments. She said that the Clark brothers said that the public votes with their money and the public wants handmade goods. She said that the Street Artists Program provides handmade goods and it is an asset.

Commissioner Sklar said that this is not the end of the process. She asked that the artists create a statement together as a group to respond to the some of the issues.

7.    Adjournment.
Action.
 

There being no further business, the meeting was adjourned at 4:22 p.m.

11/18/15,  9:45 a.m. AV
approved 12/7/15
 

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, 415-252-2222, 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.