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tv   [untitled]    November 17, 2013 10:00pm-10:31pm PST

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don't think we can contribute 10 percent. >> oh yes you can with 7 digest coming into my community. i think you woah -- owe that to my community. >> i agree with you. >> did i hear the money we are talking about here is resip money? >> the money is part of the arts is about 2 percent of above ground construction. above ground for everything. if you look at how much money we contribute to above grounds, the majority of it, we sip project. >> okay. do you have an estimate as to what 2 percent of that ground is to be?
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>> i don't know. do we have any idea? >> 2 percent. >> it will be a chunk? >> yeah. >> in some ways this is a really good time to get the process issued rolled out and solved so when the substantial funding comes forward that process is something we all understand and agree to. >> yes, again, i just want to emphasize that the two 2 percent we have to give to the arts. and we are leveraging that and having that spent be spent into community. >> commissioner? >> it sounds like the process
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was a good process. it was an open process and some variety of applicants that came forward and it's an open process. anyone can apply and then there is due diligence to make sure the money gets done and that can change when there is no monies available, it might be a different group that applies and emerge and they need to have 5013c status and they need to have the capacity to do the work. so i don't know about process improvements, but i agree that now would be a good time if there are improvements that we as the commission or the arts commission would want to look at and improve upon. i just want to make that comment. >> mr. torres? >> the current process we have here, mr. manager that if i'm a contractor and i want to apply for a contract with the puc and
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i feel that i have been unfairly treated or the competitor shouldn't have gotten the bid, i should have gotten the contract, who do i go to appeal? >> this is a construction rfp which is different from a grant. in those situations we have spelled out in the contract or the rfp or bidding process, a process for an appeal. it's sort of a due process. we have that in our contracts and they have opportunity to meet with staff, to resolve those issues or they actually have the right to come to the commission and be heard when you apply on the issue. >> i know that francesca have had non-profit experience and now dealing with the stem cell agency. even though we think
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scientist are pretty smart folks and we have a process and very detailed appeals process because the industry pharmaceuticals are upset because most of the funding is going to stanford and for a lot of reasons and not so much the science but also how you write a grant. it's not that these are communities in the non-profit field. everybody needs a little education as to how to write a grant and nuclear -- in writing a grant. we have done that with the stem cell grants. that maybe something that -- in the end of the day it's not our responsibility, but yours. also helpful in realizing these people need to know how to do
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this and should be done in a workshop. >> we did that in the library. one of the things we are considering is an opportunity for some learning and some professional development so folks who are in many instances a first time grantees, that we can provide support for them. that would benefit everyone. i'm incomplete agreement with you. >> commissioner caen? >> what is the process for how to money is being used? do they have to get approval from us, is someone looking to see how they use that money, and
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also is it a written agreement, a written understanding. >> good afternoon, my name is laura page, i manage the funds for the puc. part of my role is to ensure that all money spent coming from puc 2 percent enrichment dollars is in alignment with the community. every dollar spent on our arts commission has been vetted throughout puc and we've also recently inaugurated an arts steering committee. so all that comes in the arts commission, we run that through our arts committee which is made up of members of all six departments of the puc, all three enterprises and business service units. that's something that we are absolutely taking your point from before my time
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at the puc around the importance of the alignment around our goals and mission. that's something we do and i work very close with the arts commission in the community arts program as well as the arts program. >> what i want to illustrate again is that without our coordination with the arts commission, the communities probably wouldn't have opportunity to receive any of these funds. so now we are making it available and of course it is not enough. so you are going to have people really want to get this process in a way that they can provide some input. >> my last thought on the item is i heard some great thoughts from my colleagues, especially commissioner moran who honed in on the fact that it's highly
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likely that these denominations are going to come much greater and quickly and the arts commission is more than willing to consider some of the ideas brought forth in this commission including safeguards and notice components and most importantly actual effort to assist some of the plate tectonics -- applicants in the grant writing process because we know that some of these folks are professional grant writers. we want to even the playing field. i know that's how we do business here. we want to be cognitive of that and make sure you have the even playing field in opportunities there whether you are all staffed up or not. i would hope that we can somehow get beyond the art commission is considering xy and z and we actually have representative
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from your body coming back and saying we have actually implemented the following changes based on the coverage that took place on whatever day is today. is there any other comments from the commissioners? >> then i'm going to call public comment. as i stated earlier i have some cards in my hand. this first call under the general managers report will be strictly related to item 7a. can i start with larry ware? >> good afternoon commissioners, my name is larry ware. i'm the founder of the poetry program i started 35 years ago at the bayview library and started the african american history program 40 years ago. i was the last unsung hero at the program and honored laureate for my work
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and i was honored for the city and the mayor elected someone else. now you know who i am. i have known this gentleman for the last 50 years. i have the video of his mother and ed rub ins who was nominated for the pulitzer prize. and -- i have known her. anyway, i think this gentleman deserves considerations for one of these grants coming up. i have worked election polls and in 1957 and i have been part of the community. when i started the poetry programs, the african american history program i funded that out of my own pocket without any help. the friends of the library have contributed a couple hundred
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dollars every year and the poet like the christmas song, nat king cole and debra mason and janet, they have been in programs with me. i was also commissioned to write a poem to david gillespie and unfortunate he passed away. i have been m programs involve the greatest singer james brown and the foundation. i have been teaching poetry and creative writing over 45 years and music history and music appreciation and i need further funding myself so i can further do my work. music is the universal language and open up the greatest vehicle for communication. i would like to
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see serious consideration given for a grant to mr. williams for the wonderful work he's doing. and thank you very much and happy thanksgiving to everyone. >> did you apply for this round? >> no. i will apply because i can use it. it's not about me, it's about the community. i got the track record and the work. i want to see, when we came up as kids, we had a safe pass. i have seen the city council members through the library and i worked with the history preservation project. i'm actively involved in the
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community. my father is the chaplain for the sheriff's department and the jails. take the kids out of jail and a keep them in school and i have been a positive influence for the young people throughout the city through my poetry and music appreciation. >> thank you. >> thank you for being here today. the next card i have is from mr. kevin williams. >> good afternoon, xhirgs. -- commissioners. i would like to thank you for having taken out the time to place this important item on the agenda. but you have been miss informed again as to the truth of what
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is happening with the bayview pilot program grant and cultural arts fund. now, there are two components. one of them has to do with the rfp process and this is an rfp process. you can call it a grant or call it whatever you want to call it. i do believe that the issue that commissioner moran raised is a critical issue because there was not a clause for protest. i have done thousands of them. it's a grant, but there is a solicitation, a competitive process. so, the standard of review if we were to look at this from the vantage point of
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civil code procedure section 109.5. there must be a determination as to whether or not the agency proceeded as required bylaw. and in this instance, it did not. why? no protest period. no. 2, all interviews. have you heard of a process of selecting engineers to build a bridge where there is no interview. indeed the panelist who are involved to make the selection has to know something about bridges. has to know something about the safety of that bridge and the components that make it safe for the public. in this instance we have people who are non-artist. whether they are
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from bayview or not, this is in subsequently. this fundamental importance is they have to have knowledge and background in the area of the selection. that has been the custom and practice for selection since time in memorial. in this instance, they weren't singers and performers and they were paid $1,000 to make a selection that most people would do for free. $1,000. and let me make one final point. the last point i want to make is the comment made by -- that it's existing programs to assist them with enhancing their arts program. let me tell you about one such program which is the bayview opera house ruth williams memorial theatre. of the 23
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applicants that applied, it was turned down for $10,000 funding. it's right on third, it exist and it was the arts commission that named it after my mother. ruth williams. she saved the building from demolition against the city's wishes in the 1960s. if this is not a program for funding, i don't know what it is. i have sent on the 1102 e-mails. the agreement signed between the puc and the arts commission. it's a legal document. it makes the puc legally responsible for giving the money to the arts
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commission to handle. so, this commission is not ab solved of it's responsibility to monitor the entities that contracts with. i'm still waiting on a copy of the signed agreement by mr. herrera, city attorney. they have refused to give it to me. i'm still waiting on the work product of all the applicants due after the award. they have not provided that. i thank you for your time. as i said before, this is improper, this is illegal, the selection was done in secret. i have a memorandum e-mail showing when they made the selection and announced it, they sent out noticed for people to call and rsvp. a public selection process. how open is that. rsvp
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means you have to make an appointment. >> thank you very much. i want to ask our attorney norene, there was a reference to a section, will you give me your quick initial thoughts on that. >> city attorneys office. the code section he cited is a civil code section that provides for a lawsuit against a governmental entity when a body makes a decision required bylaw. i'm not familiar with the particulars of the sunshine request. i would follow up with our staff. we have an attorney on our staff who is legal council to the arts commission and i will check on the sunshine request to our office. >> thank you for your comments, we all know that perception can
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be reality. we want to shed some light on it and make sure we get that information back on an expeditious manner. now we have commissioner torres. >> there was an allegation made that the panelist each received $1,000 to review the grant? >> the panel is paid for their time. they get paid $200. all of our grants panel receive $200 a day which they receive for their time. there is a policy that artist should be paid. >> i believe commissioners should be paid too.
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[ laughter ] >> we need a raise. >> just to clarify, we have 5 panelist who if they so choose can accept $200. >> it was correct that it was $1,000 for all the panel. >> nice work, mr. williams. >> it's still $1,000. >> thank you, doctor. >> you should hire mr. williams as council next time. >> the next card i have is mr. watson.
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>> good afternoon. my name is watson, executive director of public glass. i got one of the grants, my organization got one of the grants in question. i just want to come and say that we from the bayview found out about it we had somebody from all organizations, i met people at the library and we sent a representative to the process. we are a very, we are a small organization, but we do a lot of work. there are about three or four of us on staff that have done -- i have done this kind of work in rhode island. i have received grants before. when we sat at the meeting, we all do great work and i don't think my organization deserves
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it anymore or less than anyone else. i left that meeting saying we need to get our grant together and do it in a way that it's written and get everything in order and get it in. that's grant writing. it's not creative writing. it's getting it done. this has been pretty consistent with the project. i just wanted to come and give my two $0.02 about it. what does your organization do? >> we provide access to the community to glass working. we are an arts organization. anybody that knows anything about glass is it takes a lot of equipment, a lot of resources. it can sometimes be exclusive. >> they are glass blowers?
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>> essentially, the casting, the whole realm around it. >> how long have you been in san francisco ? >> 10 years. the place i'm with has been around since 1997. we just want to make it available to everyone. that's what this grant is for to make this available to the community. >> you provide this to the community? >> yes. >> i'm getting confused. it seems to me there were 23 people who applied to this grant and it was awarded to 10 people. there is winners and losers. is there something beyond that? it seems to me that a lot of this discussion is about people who weren't awarded the grant that some
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people feel they should have been. is that not it? i would like clarification because i'm missing something. it's a process. so you feel that these grants were not awarded fairly? is that what the premise is? there is no recourse because they have already been awarded? is that the issue? >> [inaudible] >> i didn't come down here to cry about what some people got and others didn't. i'm talking about what this law requires. and on the issue of grant writing proposals, we have grant writing people that have written proposals to the city for 50 years. and the
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percentages are less than 1/2 percent for bayview hunters point. but you need to understand is that we have raised a new level of sophistication from the 60s to 2013. so it isn't that we don't know how to write a grant, it is following the law. what we are talking about is what the rfp said. it had sunshine ordinance in it and a provision that you can't stereotype in the selection process. i brought with me exhibit a, vivianeles. i read every comment the selection made including hers. they said in effect because she was from public housing she lacked the sophistication to put on an event. i read e-mails where it said some of the commissioners
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would not drive their vehicles in the bayview. i read the research and that's a violation of chapter 12 of san francisco administrative code that i have followed for 20 years. >> mr. williams, how does this reflect on puc as opposed to the arts commission? >> because the money, this is the source of the funding as the grantor, they are the grantee. there is a contract that i have asked for that is supposed to be signed by city attorney dave herrera and they have refused to give it to me. i have asked for it for 30 days. they are not following the law. we are talking about simply doing that which the grant agreement requires. since
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they have not done so and followed the sunshine ordinance process, the funding has to be revoked. the grant agreement says it must be terminated if they fail to comply with city ordinances. they have not complied. >> let me interject with all do respect. i do want to because i think we've made a lot of progress today. we have addressed a lot of issues and i think everyone is on the same page. what i would not want to do is hang our hat entirely on the situation that a law has been violated even though that maybe the case. we'll get to that, right? in the event that we are all on the same page in terms of making changes even though they are abiding by the law, we may want to have better practices or proposal that makes people feel comfortable
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about the process. i'm going ask that we keep because we are not going to resolve it today. we are not getting it done today. i'm going to ask that we move forward with continued public comment so we get whatever facts out there. thank you. >> the next card i have is from vivian alice. >> good afternoon, everybody. my name is vivian ellis, a resident for 59 years and in the arts for over a decade. my castle productions, i portray 40 years of native san franciscans in the arts from age 2-82. it's a musical
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production and i got no support from it. it was grass roots and the costume designer designs the costumes in the 60s and designs the children's costumes in 2008. so everybody was connected. the point i'm trying to make is i'm well qualified to do musical productions. i'm a teacher and choreographer. my granddaughter performed and i introduced her as baby beyonce. i had an acapela group. i'm kind of confused as to i'm supposed to be a grant writer and artist at the same time. i put in wor