SAN FRANCISCO ARTS COMMISSION
STREET ARTISTS COMMITTEE
Tuesday, June 11, 2019
1:00 p.m.
401 Van Ness Ave, Suite 125

 DRAFT MINUTES
 

Commissioners Present:

Charles Collins, Chair
Nabiel Musleh
Roberto Ordeñana
Linda Parker Pennington
Marcus Shelby
Janine Shiota
Lydia So

 

Staff Present:

Tom DeCaigny
Candace Eros Diaz
Barbara Mumby
Anne Trickey

 

General Public Comment

Chair Charles Collins called for public comment.
There were two public comments.

Tad Sky stated the following, “On Wednesday, Jun 5 I attended the Better Market Street open house. There I spoke to a representative who was aware of the Street Artists’ spaces on Market Street and said that they had been in contact with the Arts Commission, seen maps and would be including them in their plans as part of their goal of “creating thriving cultural spaces.” Although some of these designated spaces may not always be in use, it is important to safeguard them for future use as Market Street is improved, thereby making them more viable to artists. As we approach the 50^th anniversary of the Street Artists’ Program (20122) it’s gratifying to be part of the Better Market Street’s project to make Market Street the “premier cultural, civic and economic center of San Francisco.”

Debra King, who has been a San Francisco street artist for forty years, read the following statement, “I have received many positive customer feedback reports commenting on how enjoyable, efficient, and timely their buying experience with me had been. I’m sure that many other street artists also receive positive written feedback from their customers. Square gives all their credit card customers an opportunity to make written comments on their purchases and experiences. As well, in the last three weeks, I’ve had three customers who lingered with me and mentioned how glad they were to stop and converse and shop. Especially for the out-of-town visitors, the street artists many times are the most positive and personal interaction of their San Francisco experience.”

 

Action: Discussion and possible motion to set allotted speaking times for hearing procedure to five minutes plus a two-minute rebuttal. 

Explanatory documents:

Art Vendor Disciplinary Procedures and the Role of the Street Artists Committee.pdf

Chair Charles Collins called for public comment.
There was no public comment.

Moved: Ordeñana/So
Public Comment: None.
The motion was unanimously approved. Motion carries.

 

Action: Hearing and possible motion to approve revocation of certificate for street artist Arturo Avila #8127 for:

• engaging in a physical altercation with artist Jose Ortigoza #8420 over parking at Embarcadero Plaza.
• engaging in a verbal altercation with artist Gohar Yepremyan #8964 over a selling space at Embarcadero Plaza.

Explanatory documents:

Arturo Avila Report.pdf

Community Investments Program Officer, Anne Trickey, began by providing an outline of the speaking time allotted to each individual. Then, they provided background information about Arturo Avila including previous violations on record. They went on to report on the incident as described in the action above providing verbal statements obtained from witnesses and other evidence (see explanatory documents).

Community Investments Director Barbara Mumby recommended the revocation of the certificate for street artist Arturo Avila #8127.

Chair Charles Collins called for public comment.
There were three public comments.

Maria Sky, who was also the former market manager, reported that the men who participate in the art market are abusive and disrespectful to women.

Boma Cho stated there is a long history and documentation of disrespectful behavior at the market. They described a racist incident that happened to them personally, which they later reported to the police and to the former director of the SFAC. They stated it is not surprising that there would be a physical altercation over a parking space that no one owns.

Arturo Avila’s attorney stated that they had worked with him from 2016-18 on a housing case. The attorney reported that Avila was very responsive during that time, was a single father of three, and has always spoken favorably about his opportunity to be a street vendor. Avila’s attorney doesn’t believe Avila would have initiated a physical altercation; he believes Avila responded to the other person. The attorney wondered if there might be a behavioral stipulation or probationary opportunity instead of revocation of the certificate?

Arturo Avila #8127 gave their statement of the incidents described in the above actions.

Jose Ortigoza #8420 gave their statement of the incidents described in the above actions.

Gohar Yepremyan #8964 gave their statement of the incidents described in the above actions.

Arturo Avila #8127 gave their rebuttal.

Jose Ortigoza #8420 passed on their opportunity to rebuttal.

Gohar Yepremyan #8964 gave their rebuttal.

The committee deliberated. Commissioner Musleh wanted to know what other minor violations were recorded in Jose Ortigoza’s file. Anne Trickey reported there were general conduct violations that were not violent, but consistent, i.e., parking, using a salesperson.

Commissioner Shelby wanted to know if there were any other incidents of racial language or any other incidents involving the women artists that were previously mentioned in public comment.

Commissioner Parker Pennington noted that both disciplinary hearings they’ve heard had to do with altercations over parking and acknowledged artists are unable to do their work effectively with the current parking situation.

Commissioner Shiota inquired whether or not a suspension or revocation of a license constitutes a lack of ability to work and sell crafts. Anne Trickey confirmed that there are other city options including the Peddler Permit program which is less expensive.

Commissioner So wanted to know background information on how long these kinds of conflicts have been going on at the marketplace. Anne Trickey said that Jose Ortigoza had knee surgery last year and Arturo Avila has been bullying him about this since then.

Commissioner Shiota noted that the SFAC staff does a good job of documenting incidents and noted that there are consistent frustrations around artists who continue to be in the program with no repercussions for repetitive/long histories of violations. She noted that the conduct of the whole effects the entire ecosystem of the Program.

Commissioner Collins further observed that there is an ecology of the market that depends on the mutual respect among artists and mutual respect for the common space. He acknowledged that the commission now has to evaluate whether they are going to accept the harm to the public—are they willing to accept the assumption of risk due to the behavior that seems to be persistent and seems to live towards bullying.

Commissioner Collins asked if there is a motion to approve the revocation the certificate for street artist Arturo Avila #8127.

Commissioner Parker Pennington wanted to clarification on whether this revocation applied to just the Embarcadero Plaza location or all locations. It was clarified that the revocation was for all of the locations under the jurisdiction of the San Francisco Arts Commission.

Commissioner Shelby wanted clarification on the difference between a suspension and a revocation and what was the longest period of time for a suspension. Anne Trickey said that the commission has the discretion to recommend any length of time for a suspension.

Commissioner Collins asked if Commissioner Shelby wanted to propose an alternative motion. While they declined, they did note they are disturbed by the history, the vocal violence towards women, the physical violence, and the racial language. 

Commissioner Collins asked if there was any further discussion by the committee. There was none. He called for a motion.

Moved Shiota/So
Public Comment: None.
The motion was unanimously approved. Motion carries.

 

Action: Hearing and possible motion to approve revocation of certificate for street artist Jose Ortigoza #8420 for engaging in a physical altercation with artist Arturo Avila #8127 over parking at Embarcadero Plaza.

Explanatory documents:

Jose Ortigoza Report.pdf

Community Investments Program Officer, Anne Trickey, began by providing background information about Jose Ortigoza including any previous minor violations on record noting this incident is the only physical altercation on the record. They went on to report on the incident as described in the above action providing verbal statements obtained from witnesses and other evidence (see explanatory documents).

Commissioner Collins called for public comment.
There were several public comments.

William Tumath stated “the market is dying” and the “stress levels are unbelievable.” He went on to describe an incident of another artist being attacked which he helped to break up, but which was not reported because there is a “hierarchy of persecution.”

Another artist stated their appreciation for the program and the community. They expressed they felt like an ambassador of San Francisco to the visitors from around the world. They closed by stating the parking and bullying at the plaza is out of control.

Another artist stated when no one wanted to be the volunteer market manager they organized four women to handle the market manager duties because no men wanted the job. They believed the artists care about the plaza and want to follow the rules and cooperate. However, the bad apples increase the stress which effects everyone.

Another artist noted that most artists are good people, work together, and cooperate with each other. However, the parking is a real hassle. They are grateful for the market manager and the security, but noted security isn’t at the market everyday which is when these incidents seem to take place. They wondered if there is any way to partner with Parks and Recreation to pave a path to the market.

Chair Charles Collins called for any further public comment.
There was none.

Jose Ortigoza #8420 gave their statement of the incidents described in the above actions.

Arturo Avila #8127 gave their statement of the incidents described in the above actions.

Commissioner Collins asked for any discussion by the committee.

Commissioner Shiota wanted clarification as to whether the recommendation was to revoke both licenses of Jose Ortigoza and Arturo Avila based on the physical altercation. Anne Trickey clarified this was the case and further described the physical altercation.

Commissioner Shelby wanted to know if there were any past incidences of Jose Ortigoza being involved in physical altercations. Anne Trickey stated there were not. Commissioner Shelby questioned what an artist should do if someone puts hands on them. Anne Trickey noted that the program policy is that artists should call the police and file a police report.

Commissioner Ordeñana requested Anne Trickey clearly articulate what is in SFAC’s code of conduct concerning physical violence. Anne Trickey said it is the second item in the code of conduct.

Commissioner Shelby wanted to know if there was a precedence for action against physical violence. Anne Trickey said that before the code of conduct and without a police report it was often a they said/they said situation. In this case, both individuals are agreeing to what happened. The code of conduct was created to address issues in the program and be able to respond in kind.

Commissioner Collins asked Anne Trickey to explain any prior behavior by Jose Ortigoza. They replied that the minor incidences in his file are misunderstandings of what artists are allowed to do in the program.

Commissioner Musleh noted there was a message by the community about Arturo Avila. He wanted to know if there a message from the community about Jose Ortigoza. Anne Trickey reported that the consensus revealed there should not be physical fights at the market and that artists who engage in such behavior should not be in the program, because it puts everyone in danger. Anne Trickey recommends zero tolerance policy for any violence of any kind.

The Commission discussed the evidence, testimony and public comments. There was a strong sentiment that there be zero tolerance for verbal or physical violence, harassment, and retaliation of any kind. Commissioner Parker-Pennington motioned for a three-month suspension rather than a revocation for this action. Commissioner Shiota asked Commissioner Parker-Pennington to amend her motion to a six-month suspension.

Commissioner Collins asked if it had been verified that Jose Ortigoza was in fact injured at the time of the altercation. Anne Trickey stated that the program does not request or hold artist medical records, but that this was the information they were given.

Commissioner Shelby wanted to know if there is any record of Jose Ortigoza being physically violent. Anne Trickey confirmed there was not and that another artist had emailed them in defense of Jose Ortigoza.

Commissioner Shiota asked Commissioner Parker Pennington to amend their recommendation from three months to six months. Commissioner Parker Pennington agreed to amending her recommendation to a six-month suspension.

Commissioner Collins asked if there was second to this motion. Commissioner Shelby seconded the motion.

Moved: Parker Pennington/Shelby
Public Comment: None.
The motion was unanimously approved. Motion carries.

 

Action: Hearing and possible motion to approve revocation of certificate for street artist William Tumath #7903 for retaliation against an artist who had previously reported him for sexual harassment.

Explanatory documents:

William Tumath Report.pdf

Chair Charles Collins called for public comment.
There was no public comment.

Community Investments Director Barbara Mumby recommended the revocation of the certificate for street artist William Tumath #7903.

Community Investments Program Officer, Anne Trickey, began by providing background information about street artist William Tumath including their previous violations on record. They went on to describe the incidents as described in the above action providing verbal statements obtained from witnesses and other evidence (see explanatory documents). It was noted that the alleged victim of William Tumath’s sexual harassment chose not to give testimony in fear of retaliation.

William Tumath #7903 gave their statement of the incidents described in the above actions.

Since the other party was not present there was no rebuttal.

The committee deliberated. Commissioner Shiota wanted to confirm the committee had William Tumath’s complete file. Anne Trickey confirmed this and gave further details of their investigation.

Commissioner Shelby wanted to confirm that there was more than one documented compliant about this kind of behavior towards women. Anne Trickey confirmed this.

Commissioner Parker Pennington wanted confirmation that there is a zero tolerance policy against violence and sexual harassment. Anne Trickey confirmed this.

Commissioner Collins asked William Tumath for clarification as to why they were requesting to be licensed for an additional three months. William Tumath stated it was because he could finish his comic book project within that timeframe and could further interview visitors on their reactions to their work.

Commissioner Shiota commented that they firmly believe there should be zero tolerance on any form of harassment.

Community Investments Director Barbara Mumby commented that SFAC staff has experienced similar behavior from William Tumath.

Commissioner Ordeñana commented that there should also be zero tolerance for any forms of retaliation.

Moved: Ordeñana/Parker Pennington
Public Comment: None.
The motion was unanimously approved. Motion carries.

 

Action: Adjournment

There being no further business, this meeting was adjourned at 2:43 p.m.

Posted 6/21/19 2:40 p.m. CED

Notices

Explanatory documents listed above, as well as documents created or distributed after the posting of this agenda to the Arts Commission will be available for public inspection and copying at the Arts Commission office, 401 Van Ness Avenue, Suite 325, San Francisco, CA 94102, during regular business hours. Info: Candace Eros Diaz, 415-252-2253. PLEASE NOTE: The Arts Commission often receives documents created or submitted by other City officials, agencies or departments after the posting of the Arts Commission agenda. For such documents or presentations, members of the public may wish to contact the originating agency if they seek documents not yet provided to the Arts Commission.

 

Public comment in regard to specific items will be taken before or during consideration of the item.

 

The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

 

In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity, or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical‐based products. Please help the City accommodate these individuals.

 

To obtain a disability‐related modification or accommodation, including auxiliary aids or services, to participate in the meeting, please contact Candace Eros Diaz, 415-252-2253, at least 48 hours before the meeting, except for Monday meetings, for which the deadline is 4:00 p.m. the previous Friday.

 

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance (San Francisco Campaign and Governmental Conduct Code sections 2.100-2.160) to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102, telephone 415/252-3100, fax 415/252-3112 and website.

 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE

Government’s duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review. For more information on your rights under the Sunshine Ordinance or to report a violation of the ordinance, contact the Administrator, Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102-4689; by phone at 415-554 7724; by fax at 415-554 7854; or by email at sotf@sfgov.org.

 

Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the Internet, http://www.sfgov.org/sunshine/

 

ACCESSIBLE MEETING POLICY

Per the Americans with Disabilities Act and the Language Access Ordinance, Chinese, Spanish, and/or American Sign Language interpreters will be available upon request. Additionally, every effort will be made to provide a sound enhancement system, meeting materials in alternative formats, and/or a reader. Minutes may be translated after they have been adopted by the Commission. For all these requests, please contact Candace Eros Diaz, Program Associate, at least 48 hours before the meeting at 415-252-2253. Late requests will be honored if possible. The hearing room is wheelchair accessible.

 

利便参與會議的相關規定

根據美國殘疾人士法案和語言服務條例，中文、西班牙語、和/或美國手語翻譯人員在收到要求後將會提供翻譯服務。另外，我們將盡力提供擴音設備。同時也將會提供不同格式的會議資料， 和/或者提供閱讀器。此外，翻譯版本的會議記錄可在委員會通過後提供。上述的要求，請於會議前最少48小時致電415-252-2253向 Candace Eros Diaz, Program Associate 提出。逾期提出的請求，若可能的話，亦會被考慮接納。聽證室設有輪椅通道。

 

POLITICA DE ACCESO A LA REUNIÓN

De acuerdo con la Ley sobre Estadounidenses con Discapacidades (American Disabilities Act) y la Ordenanza de Acceso a Idiomas (Language Access Ordinance) intérpretes de chino, español, y lenguaje de señas estarán disponibles de ser requeridos. En adición, se hará todo el esfuerzo posible para proveer un sistema mejoramiento de sonido, materiales de la reunión en formatos alternativos, y/o proveer un leedor. Las minutas podrán ser traducidas luego de ser aprobadas por la Comisión. Para solicitar estos servicios, favor contactar a Candace Eros Diaz, Program Associate, por lo menos 48 horas antes de la reunión al 415-252-2253. Las solicitudes tardías serán consideradas de ser posible. La sala de audiencia es accesible a silla de ruedas.

 

Patakaran para sa pag-access ng mga Miting

Ayon sa batas ng American Disabilities Act at ng Language Access Ordinance, maaring mag-request ng  mga tagapagsalin wika sa salitang Tsino, Espanyol at/o sa may kapansanan pandinig  sa American Sign Language. Bukod pa dito, sisikapin gawan ng paraan na makapaglaan ng gamit upang lalong pabutihin ang inyong pakikinig,  maibahagi ang mga kaganapan ng miting sa iba't ibang anyo, at/o isang tagapagbasa. Ang mga kaganapan ng miting ay maaring isalin sa ibang wika matapos ito ay aprobahan ng komisyon. Sa mga ganitong uri ng kahilingan, mangyari po lamang makipag ugnayan kay Candace Eros Diaz, Program Associate sa 415-252-2253. Magbigay po lamang ng hindi bababa sa 48 oras na abiso bago ng  miting. Kung maari, ang mga late na hiling ay posibleng tanggapin. Ang silid ng pagpupulungan ay accessible sa mga naka wheelchair.