1. Roll Call

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

Commissioners Absent:
Marcus Shelby

Staff present: 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.

At Chair Sklar’s request, this item was not taken.


3.   Action. Hearing and possible motion to approve proposal to request Board of Supervisors for a six-month trial period of permanent designation of six (6) winter holiday selling spaces on Stockton Street, east side, Geary to O’Farrell streets,  three (3) winter holiday selling spaces on Stockton Street, east side, at O’Farrell Street, one (1) winter holiday selling space on Stockton Street, east side, Post to Sutter streets, five (5) winter holiday selling spaces on Stockton Street, west side, Post to Sutter streets.

Program Director Lazar explained that the temporary winter holiday spaces have been available annually to street artists for 33 years from November 15 – January 15. He said that recently construction projects have impacted permanent spaces such as those on Stockton at O’Farrell and Stockton at Post. He explained that in recent years the winter holiday spaces were available were available since construction stopped for a holiday moratorium. However, this year the construction of the Central Subway project sliced into the width of the sidewalks so the sidewalks were reduced from 12 feet to 6 feet which rendered it legally impossible to allow artists to set-up for business and therefore the Central Subway construction eradicated the winter holiday spaces. He said that the Union Square BID got a permit through the SFMTA ISCOTT Committee to create a “winter walk” where the street was closed and a beautiful environment was created with astro turf and benches. Program Director Lazar stated that for the next winter holiday seasons it may be possible for street artists to be included in the winter walk based on requirements of both the Union Square BID and the Arts Commission. He said that the Central Subway project is estimated to finish around 2018 or 2019.

Program Director Lazar recommended that the Committee not to approve the item at this time since it was uncertain as to what the street will look like and whether the artists’ spaces will be in the same locations when construction is complete.

Executive Director Karin Flood of the Union Square Business Improvement District (BID) explained that her organization represents merchants in the Union Square area. The BID was responsible for the winter walk, and Ms. Flood thanked the Arts Commission for a contribution to its light show. She thanked Program Director Lazar for inviting her to the meeting. She said they were able to look at what was feasible for the street artists. She said that construction sliced the sidewalks at the beginning of last year and that the Apple Store construction has begun at Post and Stockton streets. She said she is open to talking about the winter walk this next season to possibly include street artists. She explained that this past year, the merchants wanted a simple, clean area with no structures for the winter walk. Temporary food trucks added some activation. She explained that the BID did not reach out to any other organizations. She said they will have the same planning process this year and will talk about what went right and what could be better. She said she would like to curate artists for the winter walk and that it is open for discussion.

Commissioner Sklar stated that she would like to see artists incorporated at the winter walk for next year and recommend that US BID and Arts Commission talk about how to include street artists. She said that it could be very charming to include artists. She would like dialog to continue.

Commissioner Shiota agreed with including a curated set of artists. She said she went to the winter walk and it was great – very festive and effective. She also agreed to table a motion of today’s item after construction of the Central Subway.

Commissioner Chew said he attended the winter walk and it was very successful to have a temporary walkway on Stockton street. He agreed that there should be continued dialog about including artists. He said that the winter walk will help artists have access to selling in prime spaces. He commented on the simple sponsorship signage of winter walk.

Public Comment:
Paula Datesh stated that she was not informed about the winter walk spaces but that there was a select email that went out to a few people. She said she found out from a manager from a garage. She said the winter walk was on the US BID’s website up to a year before. She said there was no notice in the Bluebook but that there was only a small disclaimer that something would happen if you set up. She said she called Claude and Beaux to try to find out what was happening and sent a few emails. She said it was a shutdown of the Arts Commission. She said it was impossible to get information. She said the Apple store permits went through almost two years ago and there was no notice on any Arts Commission agendas and no opportunity for artists to speak on public comment. She said that it’s way after the fact and we’re still in a limbo state and don’t know what’s going on. She said if you send out emails, it should be sent out as a mass email and not to select amount of people.

There was no additional public comment.

The motion was tabled.

Commissioner Sklar asked that there be ample notice ahead of time for artists since the process will be starting early.

Program Director Lazar said an email was sent to the Program’s artists who have email about the loss of spaces by the Apple store. Furthermore, the book of winter holiday spaces included excerpts of Ms. Flood’s email to him, which informed him that Stockton Street would not be available for the artists. In addition, he sent out an email to the artists listing the unavailability of the spaces.


4. Action. Hearing and possible motion to recommend to the Mayor three (3) candidates to fill one (1) vacant position on the Advisory Committee of Street Artists and Crafts Examiners:

(A) Alexis Arnold

(B) Rhonda Weppler

(C) Lisah Horner

Program Director Lazar said that there is currently one vacancy on the Advisory Committee which verifies artists’ wares for certification. He said that a number of candidates were interviewed, that the arts and crafts background of the candidates were received to ascertain the candidates were qualified in more than one art discipline.

Commissioner Shiota asked how the candidates were selected.

Program Assistant Licouris explained that advertisements were sent out in the Arts Commission’s newsletter and to staff as well as posted to website over a period of time to collect applications.

Commission Frankel asked about how the mayor’s selections will reflect diversity.

Program Director Lazar said that usually staff can express a preference but this time would not do so, as the three candidates appeared equally knowledgeable and experienced.

Public Comment:
Paula Datesh said she read the resumes and didn’t find the resumes comprehensive so she can’t give an opinion. She said if they provided a proper resume that would have been helpful to be able to disseminate. She said that it is left up to relying on Program Director Lazar to tell the candidates’ strengths but it doesn’t mean they are actually good at what they say.

Commissioner Sklar said she was impressed by all of them and it would be hard to make a decision.

Motion: Motion to recommend to the Mayor three (3) candidates to fill one (1) vacant position on the Advisory Committee of Street Artists and Crafts Examiners: (A) Alexis Arnold (B) Rhonda Weppler (C) Lisah Horner

Moved: Chew, Frankel.

The motion was unanimously approved.


5.  Action. Hearing and possible motion to approve arts and crafts criteria changes recommended by the Advisory Committee of Street Artists and Crafts Examiners.

Program Director Lazar thanked Commissioner Frankel for his help in editing the criteria and creating the “General Criteria” section. He said that the Advisory Committee proposed the criteria but the Commissioners, Deputy Director Krell, Program Director Lazar and Program Assistant Licouris strengthened the wording.

Program Director Lazar explained many of the criteria elements that were added or changed to the criteria: the new General Criteria section, artists signing their artwork, adding a label to items such as apparel, adding percentages of how much an item should be significantly altered (such as 51% or 75% depending on the craft), updating the leathercraft category regarding the use of commercially manufactured buckles, added elements to bead making and pendant criteria, glaze regulations for ceramics, computer generated art about printing on certain objects, added provenance requirement for feather art, added statement about signage for printmaking and photography.

Program Director Lazar asked for a slight correction in the General Criteria under item 2. He said that the word “or” needed to be added twice. The Committee discussed and agreed on the following sentence change: “Artwork smaller than 2”x2” should be signed or initialed if feasible. If not feasible, artwork should be (a) accompanied by an attached label with the artist’s name or signature or (b) have in view artist-generated signage no smaller than 8” x 4” or display program generated signage.”

Commissioner Frankel suggested slight edits to the document. He stated that the General Criteria numbers not be bold, asked that the order of the General Criteria be switched, that general criteria #5 be omitted, and to amend the woodcraft to say “one or more pieces of wood”.

The Committee discussed Commissioner Frankel’s suggestions and agreed with them.

Public Comment:
Street Artist Abby Ellis explained that she had a suggestion about signing artwork. She said that she is afraid of being stalked and robbed and does not feel comfortable using her name. The commissioners agreed that artists could use their artistic name, initials or logo. Ms. Ellis said she was okay with using a logo or initials.

Ms. Ellis asked about beadcraft and what “artificial” meant. Program Director Lazar said that he felt the Advisory Committee meant for artists to indicate in their items those natural elements that look like coral or turquoise.

Ms. Ellis also raised the point about making jewelry on page 2 where “chain must be broken”. She suggested that it be clarified that it does not always need to be broken. Commissioner Shiota responded that the Committee meant that an artist shouldn’t just put an element on a chain and sell it.

Ms. Ellis asked about commercial pendants. Program Director Lazar explained that there was a big hearing about pendants many years ago. He said that the idea of the pendant is that it is an integral part of the design visually using color or shape with the rest of the beads.

Commissioner Sklar thanked Ms. Ellis for her suggestions.

Street Artist Dora Greco explained that she is a family unit with her husband and son-in-law, who make fork jewelry. She asked that the Commissioners add a line in the criteria about copying other artists. She said there is an artist who is copying their art. She explained that her son-in-law Mauricio learned to make fork art 14 years ago and started in the program 7 years ago. She said that they have a patent pending on their designs. She said that when she and her husband came into the program, her husband created a tool to help bend the forks because it was hard for Mauricio to continue to bend them. She said that they make their fork art in 3 stages with 3 designs. She said she came up with the idea of a beautiful display canopy to work with colors and meanings which has increased their sales. She said that the other artist has the same display and is cheapening their art. She said that Program Director Lazar is investigating the matter, and she asked the Commissioners to stop this problem.

Commissioner Frankel said the line in the General Criteria about adhering to federal, state laws should apply to this problem, so it is not necessary to add further language.

Program Director Lazar explained that the City Attorney is investigating this issue. He asked that the Commissioners not add anything to the criteria until he receives some answers.

Street Artist Paula Datesh said she read Commissioner Frankel’s paper about copyright issues that he wrote at Stanford and she said it was okay. She said that she was present at one of the Advisory Committee meetings and she explained that the feather art line about “pre-strung boas, pre-glued mats and other pre-constructed pieces are not acceptable ..” should not be in there because the Advisory Committee didn’t know what it meant either. She said she opposed the criteria in its entirety because the Advisory Committee, under the Sunshine law, is required to post audio of their meetings on their website and that the Board of Supervisors said the handwritten minutes are not accepted which is under review. She said the public was not properly noticed of any of the meetings and the agenda of that item was incomprehensible. She said that she asked for an audio cd of it which she didn’t get and instead she was given a link that didn’t work. She said the Advisory Committee is not up to criteria of local, federal laws and it’s a violation of the First Amendment right. She said that Program Director Lazar stated that anyone can take a piece of silver and put feathers on it. She didn’t know why this was an issue. She said that she couldn’t find that acceptable. She said artwork is expressive matter according to Barry vs State of NY and Letterman vs State of NY and that artwork is protected under the First Amendment and to privatize it and add additional restrictions is a violation of the law.

Commissioner Frankel clarified that the correct case was Barry vs City of NY. He asked if the sentence she mentioned in the feather art is necessary or if the category is necessary. Program Director Lazar responded that it was necessary to have the category although it may seem redundant. Commissioner Frankel asked about “pre-glued mats”, and Program Director Lazar said that was carried over from the previous criteria. They agreed that “pre-glued” meant not glued by the artist such as a headdress. 

Commissioner Chew asked about glass art in relationship to slumped bottles. He wanted to clarify that slumped bottles were considered 51% significantly altered in keeping with the advice received from the City Attorney.

Commissioner Frankel clarified that they will change item #4 in the General Criteria to “name, initials, or logo.”

Motion: Motion as amended to approve arts and crafts criteria changes recommended by the Advisory Committee of Street Artists and Crafts Examiners.

Moved: Frankel, Chew

The motion was unanimously approved.


6.   Discussion. Public Comment.

Street Artist Paula Datesh spoke about street artist John Tunui. She explained that John Tunui is the market manager and she doesn’t know him or has never spoken to him. She worked once or twice down there a few years ago and left immediately. She feels this is public record because she’s been to many full Commission meetings talking about it. She explained that she’s taken him to court twice because he harassed her. She presented a stack of documents which she referred to as the last case which she brought against him [which she set down in front of Commissioner Frankel]. She said that John Tunui was taking pictures of her on Montgomery and he believes he’s an employee of the Art Commission as well as a civil servant. She said she doesn’t know the procedure of how the manager is elected because it wasn’t an open election as she wasn’t notified. She said she doesn’t go down to the Plaza often and it’s been a number of years. She said two weeks ago she passed through that area and he came up to her and harassed her. She said she would like that to be entered into the public record and asked the commissioners to get him to leave her alone since she said she has never done anything. She said he has made allegations about Sergeant Richard Ersnt being his friend and the Sergeant has arrested her. She said she is not going to sue an artist since it is a waste of the court’s time. She asked the commissioners to get this to stop. She said at a previous meeting, Program Director Lazar said he tries to settle artist disputes. She said she doesn’t know John Tunui, hasn’t spoken to him, ignored him, found it all very disturbing and she doesn’t get it.


7.    Discussion. New Business and Announcements.

Street Artist Abby Ellis explained to the commissioners that an artist was selling on Grant Avenue with a large cabana and blocked store windows. She showed the commissioners a picture on her phone. She said that her concern is that this problem is detrimental to the street artists getting along with the merchants and getting new spaces. She suggested that artists’ displays with cabanas not sell in front of store windows.

Program Director Lazar explained that many years ago the police allowed artists to set up canopies and umbrellas as long as no merchandise would be hung from them. This would allow the artists comfort. He said that the artist in question usually sells at Justin Herman Plaza where the artists typically have large tents and canopies.

Commissioner Sklar reported on behalf of Deputy Director Krell that an intern has been hired to complete an evaluation of the Street Artists Program and will seek information from street artists for 6 months. She said Deputy Director Krell will update the commissioners as time goes on.

Street Artist Paula Datesh suggested that crochet animal hats be rescreened. She said she set up next to one artist near 835 Market Street who displayed over 900 hats 7 days a week. She was able to get the file and the screening and studio visit were not comprehensive. She said there is a record of violations. She said it is extremely frustrating watching them all day. She asked for a rescreening and if they pass with enough receipts and yarn, then that’s sufficient.

Commissioner Chew commented about a case in the past where one of the crochet hat artists was suspended.


8.    Action. Adjournment.

Program Director Lazar asked that the meeting be adjourned on behalf of street artist Dolores Kalom who passed away on December 22. She was licensed as a street artist since the beginning of the program and sold beadcraft.

There being no further business, the meeting was adjourned at 3:45 p.m.

1/27/15 ADL
approved 2/2/15
 

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.