Full text of "Minutes"
5/S
San Francisco Public Library
SAN
REFERENCE BOOK
Not to be taken from the Library
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SAN FRANCISCO ARTS COMMISSION
STREET ARTISTS PROGRAM COMMITTEE
AGENDAS AND MINUTES
1 982 - 1 984
3 1223 06257 1204
3 1223 06257 1253
3 1223 06257 1311
3 1223 06257 1329
i to**'
fe/n
STREET ARTISTS PROGRAM COMMITTEE
RECOMMENDATIONS FROM MAY 25, 198 2 MEET ING
_^_ 1
C foi*\jJkA J TO ART COMMISSION
FOR CONSENT CALENDAR:
I REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF
CERTIFICATE
A. Deborah Ilorst - Certificate #2576 expired March 10, 1982; sent
payment for renewal April 1, 1982.
APPROVAL
II REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Michael Lenx/i. - applied for certificate in February, 1979,
and was notified January 20, 198l to respond as to whether
he was still interested in obtaining a certificate; he
did not respond until April 16, 1982, when he requested
consideration for priority above the waiting list in is-
suance of a certificate.
DISAPPROVAL
III BALLOT MEASURE TO AMEND SECTION 6 OF PROPOSITION "L" (1975 ELECTION)
BY PROVIDING FOR CERTIFICATE FEE OF S28.00 PER QUARTER OR ft 112700
PER YEAR; BY PROVIDING THE STREET ARTIST WITH OPTION TO PURCHASE
QUARTERLY OR YEARLY CERTIFICATE; AND BY PROVIDING FOR BOARD OF
SUPERVISORS TO INCREASE FEE WHEN NECESSARY TO MAINTAIN ADMINISTRA-
TION AND ENFORCEMENT OF STREET ARTISTS PROGRAM
(At present, the certificate fee, fixed by Proposition "L", is
#20. 00 for a three-month certificate; there is no provision for
the artist to purchase a yearly certificate; there is no pro-
vision for the Board of Supervisors to increase the fee.)
APPROVAL
\t^t%
^ ART COMMISSION STREET ARTISTS PROGRAM COMMITTEE uQGUMENTS DEPT.
June 23, 1982 |||| rt \ W
Commission Room, Main Library
Larkin & McAllister Streets SAN FHAWCi^OO
San Francisco PUCUC LIBRARY.
& MINUTES
Chairman Taliaferro called the meeting to order at 10:00 a.m.
Present: Commissioners Taliaferro, Mayer, Goerner.
I REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Richard Z. Watson - applied April - May, 1980, and was notified
September 23, 198l for screening; office received his letter
on April 21, 1982, requesting a hearing for priority. Mr.
Watson did not appear at the hearing. No action was taken.
B. Christine Barnes - applied during July - October, 1979, and was
notified February 27, 198l; notification was returned to office;
Ms. Barnes requested a hearing May 13, 1982; Committee met with
her May 25th. Ms. Barnes appeared and presented medical docu-
mentation supporting her absence from the Program. Commissioner
Mayer moved that Ms. Barnes' request for priority in issuance
of certificate be approved. The motion was seconded by Commis-
sioner Goerner and unanimously approved.
II HEARING ON ESTABLISHING AN ORDINANCE FOR STREET PERFORMERS (continued
from May 25 meeting)
Attending the hearing were John Timonthy, spokesman for several
performers, Lloyd Pflueger, General Manager of the Downtown Associa-
tion, and Captain Victor Macia and Officer West, Central Station, and
Officer Lamont Suslow, Permit Section, San Francisco Police Department.
Mr. Timothy and the other performers informed the Committee of
their efforts at crowd control. They presented a set of guidelines
for performers, as agreed upon by themselves, the Police, and the
Fisherman's Wharf merchants. They told the Commissioners that, in
practice, most of the performers follow the guidelines. Commissioner
Taliaferro asked if they felt the performers should rotate their loca-
tions; they answered that it might become necessary in order to accom-
modate the numbers of transient performers in July and August, but
not necessary the rest of the year.
Program Director Lazar informed the Committee that, just before
the meeting, Officers West and Suslow and he had met with Deputy City
Attorney Teichman on the performer's guidelines, the Art Commission's
involvement with performers, and whether there was a necessity for an
ordinance. All parties, it appeared, were willing to attempt an alter-
Continued.
2 48543 SFPL: ECONO JRS
133 SFPL 09/27/02 115
STREET ARTISTS PROGRAM COMMITTEE Page 2
6/23/82 Minutes
native to an ordinance; and Ms. Teichman had applauded the efforts of
the Police, the merchants, and the performers. Under this alternative
system, the Art Commission would act as an "agency" registering per-
fonnerfi and handing them the set of guidelines as well as a card
attesting to the fact that they have received the guidelines. In the
Art Commission's registry, the performers could sign a statement author-
izing the Commission to give out their telephone numbers (for possible
jobs). Ms. Teichman made it clear that there was no legal requirement
for the performers to register. Ms. Teichman had prepared a resolution
for action by the Commission.
Commissioner Mayer moved that the Art Commission adopt the follow-
ing resolution; the motion was seconded by Commissioner Goerner and
unanimously approved. The recommended resolution is as follows:
WHEREAS there has been a significant problem with
sidewalk congestion in the Fisherman's Wharf area with
respect to street performers; and
WHEREAS the performers, the Police Department, and the
merchants of the Wharf area have considered the problem and
prepared a sot of guidelines to alleviate it; and
WHEREAS street performing is a long-standing and color-
ful tradition in San Francisco which should be preserved,
NOW, THEREFORE, BE IT RESOLVED that the Art Commission
congratulates the street performers, the Police Department,
and the merchants on their efforts, and hereby endorses
these efforts to resolve the problem on a voluntary basis,
and,
BE IT FURTHER RESOLVED that the Art Commission recom-
mends the guidelines prepared by the parties to all street
performers in San Francisco, and
BE IT FURTHER RESOLVED that the Art Commission authorizes
the Director of Cultural Affairs to make the good offices
of the Art Commission available to support this effort.
The performers present said they had formed an association and
would take responsibility in informing all performers to obtain the
guidelines; they would ascertain that all performers had their cards
and would tell others to obtain theirs at the Art Commission.
Captain Macia said that his department planned to meet with the
performers frequently. The last resort, he said, is the citation
and arrest procedure, but his department had wanted to avoid that.
Chairman Taliaferro clarified that the Commission would be dealing
with fifteen to twenty performers at the Wharf, as opposed to the
several hundred street artists of the Street Artists Program.
Continued.
STREET ARTISTS PROGRAM COMMITTEE Page 3
6/23/82 Minutes
III HEARING ON LEGISLATIVE DRAFT REPEALING SECTIONS OF ARTICLES 2k AND
2'i.l, AND AMENDING ARTICLE 2*1.2 POLICE CODE TO INCORPORATE
PERTINENT PROVISIONS OF ARTICLE 2^.1 (continued from April 27
meeting)
Mr. Lloyd Pflueger of the Downtown Association told the Committee
that his organization wanted to be certain that the street artists
continue to operate under the present regulations until the regulations
are changed.
Commissioner Goerner requested that the matter be held over for
the next thirty days to allow for the artists to continue their meetings
with the merchants in seeking a resolution to the issue of additional
spaces in the Wharf area. The other Commissioners agreed that it be
held over.
IV DIRECTOR'S REPORT OF MONITORING STREET ARTIST ACTIVITIES
Program Director Lazar discussed the lack of adherance to the
Art Commission's criteria on the part of many of the displays observed
in the Downtown area* In contrast, he said, most of the displays at
the Wharf adhered to the rules, except for the most salient craft:
beadcraft. He presented photographs taken of thirteen alleged viola-
tions of beadcraft criteria ( thirteen displays) which showed pendants^
and crystals allegedly not made by the artists selling them.
Street artist William Clark called for a cleaning up of the imported
brass bracelts being sold.
Mr. Lazar informed the Committee that he intended to write to
each of the persons whose wares were depicted in the photos, informing
them that the Commission had on record photos of alleged violation
and warning them that if the alleged violation persisted, they would
be notified for a certificate revocation hearing. Mr. Lazar asked the
Committee whether the artists should be allotted one or two written
earnings. Commissioners Goerner and Taliaferro replied that there
should be no warnings issued, as the rules had been published for some
time, and that Mr. Lazar should notify the individuals for a hearing.
V CERTIFICATE RENEWAL POLICY
Director Lazar said that since the Assistant Director and he were
out of the office a good deal of time inspecting wares on the street,
there would be a hardship on artists coming to the office to renew and
finding no one there. He submitted a proposal for a new renewal policy,
as had been suggested by a street artist. Commissioner Goerner moved
that the Committee recommend the following policy; the motion was
seconded by Commissioner Taliaferro and unanimously approved. The
recommendation is as follows:
Continued.
STREET ARTISTS PROGRAM COMMITTEE Page 4
6/23/82 Minutes
CERTIFICATE RENEWAL PROCEDURE : Whenever a street artist
comes to the Street Artists Program office for renewal of
certificate, the artist may sign and leave on file two blank
certificate cards and necessary postage for mailing of the
cards; upon receipt of the artist's mailed payment for each
of the next two renewals, the staff shall validate and laminate
the signed card and shall mail it to the artist.
VI WILLIAM CLARK AND CLARENCE STANBROUGH DISPUTE OVER SALES SPACE
Director La/.ar informed the Committee that on June 11th street
artist William Clark had submitted a report on the behavior of street
artist Clarence Stanbrough in the selection of a sales space (Lazar
had sent copies of the report to the Commissioners).
Mr. Clark explained his version of the events. He said he had
refrained from calling the Police because he had not been interested
in having Mr. Stanbrough arrested. He said he was more interested
in having the lottery's space-occupancy rule clarified for Mr. Stan-
brough' s benefit. He added that he did not feel there was a need
for punishment, but that since he (Mr. Clark) had lost his space
for that day, he requested that he be given a choice of spaces at
bhe following Thursday's lottery.
Mr. Stanbrough explained his version of events.
He requested a clarification of "display": What constitutes a display
- merely a vacant table, or the artist selling behind it? He said
he occupied Clark's space because it was not being used until Mr.
Clark came down at 2:30 to claim it.
Chairman Taliaferro requested Mr. Lazar to meet with the Lottery
Committee and look at the language of the rule; if it needs to be
revised, it should be placed on next month's agenda. The Commissioner
recommended that Mr. Clark not be granted special privelege in the
lottery.
Commissioner Goerner said that the Program Committee would not
adjudicate personal disputes, and that he was concerned over whether
the Program would operate in an adult manner or merit stronger enforce-
ment.
V!1I APPEAL BY JIN KUN SUH OF ADVISORY COMMITTEE RECOMMENDATION
Director Lazar informed the Committee that the Advisory Committee
of Street Artists and Craftsmen Examiners had examined samples of bead-
work and kites shown by applicant Jin Kun Suh and had recommended
denial of certification. According to the Program's Assistant Director,
Mr. Suh, at his screening, had requested to appeal the recommendation
to the Program Committee. Mr. Suh was sent a letter an an agenda to
appear at the meeting. He did not appear. No action was taken.
The meeting adjourned at 11:30 a.m.
Respectfully submitted:
Howard Lazar, Street Artists Program
City and County of San Francisco
STREET ARTISTS PROGRAM COMMITTEE
Art Commission
DOCUMENTS DEPT\
.11 li 1 5 TO
Commissioners
Roselyne Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Blanche Brown
Fredrick Goerner
Robert LaRocca
Richard Mayer
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Mayor Dianne Feinstein
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
Joan Ellison
Director of
Cultural Affairs
Wednesday, July 28, 1982
10:00 a.m. ^
Main Library - Lurie Room (1st floor)
Larkin & McAllister Streets
San Francisco
saw franc;..
pu cl!c library
<e
AGENDA
ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS:
FINDINGS ON CRAFT VIOLATION REVIEWS 7/27/82
A. Gat Wah Lee Chen
B. Kathie Lou Eldridge
C. Mark Mandzik
D. E. W. Sky
E. Tad Sky
F. Latifa Rainbow
G. Suey Wah Lee Wu
H. Kam Wan Wu
I. Yu Chun Ngan Suen
J. Chik Yuk Suen
K. Helen I-Wu Chien
Alleged Violation: One or more items
displayed do not meet Art Comm. criteria
(beadstringing criteria)
II HEARING ON LEGISLATIVE DRAFT REPEALING SECTIONS OF ARTICLES 2k AND
2k. 1, AND AMENDING ARTICLE 2^.2 POLICE CODE TO INCORPORATE
PERTINENT PROVISIONS OF ARTICLE 24.1 (continued from 6/23 meeting)
(415) 558-3463
III REQUEST BY FORMER CERTIFICATE HOLDER FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Jeannie Mak - Certificate # 2712 expired May 25, 1982;
Ms. Mak came to office June 25, 1982.
IV COMPLAINT BY WILLIAM CLARK AGAINST VICKY CARP AND DONALD KARR
RE: ALLEGED VIOLATIONS OF LOTTERY RULES
V NEW BUSINESS
693 MISSION STREET, 8TH FLOOR
SAN FRANCISCO, 94105
City ?nd County of San Francisco
SP
I Hanne Feinstein
*i
Art Commission
.loan Ellison
DIRECTOR
-7/zf/Sr ^
Commissioners
ko'.rlyin' ( Swim
President
hinilri Vinli'iisky Jr
Vice Prcsidenl
Vrrin >ii Alley
I imothy hunctin
Fredrfc k Gocrnei
Robert LaRocca
Ku h.irti M.ivit
Jacqueline Nemerovski
William Paterson
I'irir) Palri
IVlei HodriHiHV
K.i' I .ili.ili'iii i
I v ( HfiCIO Members
I 'residents dI I hi 1
I nil- Arls Museums
Library Commission
Planning Commission
Recreation and Park
( iiuiinssK hi
STREET ARTH>T."> PU'OGRAM COMMJTTKI'',
Wednesday , July 28, 1982
Main Library - Lurie Room
Larkin & McAllister Streets
San Francisco, California
-A/CUMENTSDEPT.
AUG 1 7 1982
SAN FRANCISCO
MINUTES
5>v
Commissioners Present: Taliaferro and Goerner. Absent: Mayer.
The meeting convened at 10:07 a.m.
I HEARING ON LEGISLATIVE DRAFT REPEALING SECTIONS OF ARTICLES 24
AND 24.1, AND AMENDING ARTICLE 2^.2 POLICE CODE TO INCORPORATE
PERTINENT PROVISIONS OF ARTICLE 2^.1 (continued from June 23rd
meeting)
The Committee heard from various street artists. Mr. Mitch
Paradise snid that the Street Artists A; ;;;oc itttion had never
been consulted in the drafting of the proposed legislation, that
he questioned the legislation's inclusion of the "handcrafted
item" definition, and that an amendment to the "Kopp Ordinance"
should not be passed without consideration of "redesigning"
existing space at Fisherman's Wharf. Ms. Linda Stark wanted
to see language that would provide for an exception to the
size regulations, and that the language on Page 10 of the
draft would need to be broadened. She said also that many spaces
no longer comply with the law due to the repainting of adjacent
curbs. Mr. Dale Axelrod wanted to address the issue of having
umbrellas on displays* Mr. Paradise: asked that the Art Commis-
sion meet with street artists on legislation; the present draft,
he said, would be "wholly counter-productive" if it were to go
to the Board of Supervisors.
Street artist Don Karr said that Mr. Margolin, attorney,
had offered to meet with all parties concerned and the City
Attorney to make the legislation more workable.
Chairman Taliaferro asked if the Police Department was
satisfied with the language of the draft. Officer Larnont Susslow
responded in the affirmative.
Street artist Denise Florian said that the artists were
not asking for more spaces but were asking that some of the
spaces that were lost through the years be replaced.
Mr. Alan Young of the Cliff House said he saw no reason
Continued.
(415) 556-3463
693 MISSION STREET, 8TH FLOOR
SAN FRANCISCO, 94105
STREET ARTISTS PROGRAM COMMITTEE Page 2
7/28/82 Minutes
why the Art Commission should negotiate for spaces; he asked why the
street artists could not rent spaces.
Commissioner Goerner stated that much of the recent discussion
with the Wharf merchants centered around the parking situation, He
asked the artists if there had been steps taken to alleviate it.
M;;. Stark replied that a number of artists refuse to move their
car-.;, while others feel that parking is a minor issue, and unlet;;; the
parking law is enforced they will continue to park there.
Commissioner Goerner said that it appeared that the efforts at
.self-policing have not worked, and that the only method that would
work is police enforcement.
Ms. Stark reported that at the meeting with the Wharf merchants
there were two suggestions made: (l) request the Art Commission to
establish a moratorium on the issuance of certificates; and (2) that
action be pursued with the City Attorney's office on the alleged
violation by Longshoreman's Union, of the zoning ordinance, by allowing
vendor:; to display their wares on Longshoreman ' s Union parking lot.
Commissioner Goerner added that the merchants had suggested that
additional effort be made to enforce the regulations pertinent to the
work offered for sale, and that this would ease the situation.
Chairman Taliaferro moved that the issue be put over for thirty
days to enable the merchants to speak about the legislative draft,
and the merchants and the artists to meet. The motion was seconded
by Commissioner Goerner and unanimously approved by the Committee.
Chairman Taliaferro asked Program Director Lassar to contact the
merchant groups - Mr. Pflueger of the Downtown Association and Mr.
Flannigan and Mr. Martin of the Fisherman's Wharf Merchants Association,
and Mr. Young of the Cliff House - as well as Mr. Margolin and Deputy
City Attorney Teichman.
Street artist William Clark requested that his proposal signed
by twenty-five artists be forwarded with the legislation to the
merchants. Commissioners Taliaferro and Goerner directed Mr. Lazar
t o do so .
Street artist Dale Axelrod asked if it was the Committee's
intention to upgrade the Program in the sense that people? make the
work they sell. Chairman Taliaferro replied in the affirmative.
Street Art Inspector Jacqueline Hamilton said that she found
most of the artists more than willing to comply with the Program's
criteria; one of the problems she saw, however, in enforcement is
the lengthy duration of the appeal process which allows violations
Continued
STREET ARTISTS PROGRAM COMMITTEE Page 3
7/28/82 Minut
to continue until Art Commission resolution. In other code enforcement,
she said, violators are instantly cil<;d and not allowed to continue
their practice until a decision is reached through the hearing process.
Program Director Lazar commented that the present street artist
hearing procedure takes about a month plus ten days allowance for
the artist to appeal to the Board of Permit Appeals.
11 ADVISORY COMMITTEE OE STREET ARTISTS AND CRAETSMEN EXAMINERS: FINDINGS
ON CRAET VIOLATION REVIEWS 7/27/82
(Photographs of the displays of the following cases were taken by the
Program staff at Fisherman's Wharf on June 22, 1982, and, at the request
of the Program Committee, were referred to the Advisory Committee for
review and findings. The alleged violation for all was Street Artist
Violation II: "One or more items displayed do not meet Art Commission
criteria"; the criteria in question was "beadstringing" and specifically
the display of pendants allegedly not made by the artist.)
Ms. Patricia O'Connor of the Advisory -ommittee commented on each
case. Commissioners Taliaferro and Goerner examined the photographs
taken at the sales site and at the artist's hearing with the Advisory
Committee. The Commissioners also examined samples of work.
A. Gat Wah Lee Chen . Mr. Kam Wan Wu translated for Ms. Chen. Accord-
ing to the Advisory Committee's findings, Ms. Chen displayed com-
mercially manufactured pendants in the work shown to the Advisory
Committee as well as in the photograph taken at her site. The Ad-
visory Committee's finding: Violation II.
Chairman Taliaferro moved that Ms. Chen was in violation, Sir'
Artist Violation II, but that the penalty be suspended due to her
lack of understanding of the criteria. The motion was seconded
by Commissioner Goerner and unanimously approved by the Committee.
H. Kathie Lou Eldridge . Ms. Eldridge told the Program Committee that
the on-site photo was a photo of her work. She had shown the Ad-
visory Committee beaded necklaces and earrings that were found
acceptable; however, the on-site photo, according to the Advisory
Committee, indicated a violation because of the display of crystals.
Ms. Eldridge had submitted handpainted crystals to the Advisory
Committee, but the Committee had not felt that this constituted
a "handcrafted item."
Chairman Taliaferro moved that Ms. Eldridge be found in violation,
Street Artist Violation II, but the penalty be suspended. The
motion was seconded by Commissioner Goerner and unanimously approved.
Continued
STREET ARTISTS PROGRAM COMMITTEE Page k
7/28/82 Minutes
C. Mark Mandzik. Mr. Mandzik submitted a photo of his display, taken
by himself which included work other than beadcraft. He told
Program Committee that he would not sell the pendants in question.
The Advisory Committee had found that he was in violation with
regard to the work he had submitted to the Committee as well
the work depicted in the on-site photo.
Chairman Taliaferro moved that Mr. Mandzik be found in violation,
Street Artist Violation II, but that the penalty be (suspended.
motion was seconded by Commissioner Coerner and unanimously approved.
D. E . W . Sky . Director Lazar reported that Ms. Sky had submitted a
letter requesting postponement of her hearing due to her having
to be out of town. She will be notified for the next Advisory
Committee and Program Committee hearings.
E. Tad Sky . Mr. Lazar reported that no letter had been received from
Mr. Sky, but that he had not appeared at his Advisory Commit! ■
hearing. He was not present at the Program Committee meeting.
He would be notified for the following month's Beatings.
F. Latifa Rainbow . Mr. Lazar reported that no letter had been received
from Ms. Rainbow; she had not appeared at the Advisory Committee
iring, nor was she present at the Program Committee hearing. She
would be notified for the following month's hearings.
G. Suey Wah Lee Wu . According to the Advisory Committee, Mrs. Wu's
work, when examined, appeared in violation due to their pendants;
these were depicted also in the on-site photo.
Chairman Taliaferro moved that Mrs. Wu be found in violation, Street
Artist Violation II, but that the penalty be suspended. The motion
was seconded by Commissioner Goerner and unanimously approved.
H. Kam Wan Wu . The Advisory Committee had found Mr. Wu's work to be
similar to his wife's and applied the same finding (see above).
Chairman Taliaferro moved that Mr. Wu be found in violation, Street
Artist Violation II, but that the penalty be suspended. The motion
Was seconded by Commissioner Goerner and unanimously approved.
I. Yu Chun Ngan Suen . According to the Advisory Committee, the on-
site photo showed a violation with regard to the pendants. The
work submitted by Mrs. Suen was acceptable. Both she and her
hunband, Chik Yuk Suen, had told the Advisory Committee that they
would no longer sell necklaces with commercial pendants.
Chairman Taliaferro moved that Mrs. Suen be found in violation,
Street Artist Violation II, but that the penalty be suspended.
The motion was seconded by Commissioner Goerner and unanimously
approved.
Continued
STREET ARTISTS PROGRAM COMMITTEE Page 5
7/28/82 Minutes
J. Chik Yuk Suen . (See above findings of the Advisory Committee for
Mr. Suen's wife, Yu Chun Ngan Suen, the work belongir^ to them both.)
Chairman Taliaferro moved that Mr. Suen be found in violation, Street
Artist Violation II, but that the penalty be suspended. The motion
was seconded by Commissioner Goerner and unanimously approved.
K. Union I-Wu Chi en . The Advisory Committee had found that some of Ms.
Chien's work showed a violation regarding the display of commercial
cloisonne pendants and some solid strands of beads: "beads can be
bought in solid strands and evidently she just re-strung the beads."
Chairman Taliaferro moved that Ms. Chien be found in violation,
Street Artist Violation II, but that the penalty be suspended. The
motion was seconded by Commissioner Goerner and unanimously approved.
III REQUEST BY FORMER CERTIFICATE -HOLDER FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Jeannie Mak. Ms. Mak's Certificate #2712 had expired May 25, 1982;
she came to the office on June 25 1 1982, to try to renew. Ms. Mak
Lold the Commissioners that she had been confused by the month, and
and that was why she had come in on the exact day. Chairman Talia-
ferro moved that Ms. Mak's request for priority be approved. The
motion was seconded by Commissioner Goerner and unanimously approved.
IV COMPLAINT BY WILLIAM CLARK AGAINST VICKY CARP AND DONALD KARR RE: ALLEGED
VIOLATIONS OF LOTTERY RULES AND ITEMS FOR SALE
Street artist William Clark told the Committee that it was not his
intent for Ms. Carp and Mr. Karr to be punished, but that there was a
real problem dealing with the rules governing allocation of spaces. He
said the Art Commission had to involve itself in stopping the conflicts
on the street, arising from space allocation. He suggested the Committee
review the guidelines for allocation procedure regarding unused spaces
at 12 noon. He also requested that the Art Inspector enforce the display
of certificates and lottery slips.
Commissioner Goerner noted that, according to Mr. Clark's letter,
Mr. Clark had declined to meet with the Lottery Committee. Mr. Clark
responded that he felt the Street Artists Program Committee was the
proper forum for discussion of this situation.
Ms. Karen Hansen of the Cliff House Glassblowers said she heard
that the Lottery Committee was a tightknit group wno intimidated many
artists.
Mr. Karr said that he felt Mr. Clark was continuing to harrass
him, as he and Mr. Clark had a history of hostility. He asked that
Mr. Clark submit proof of Mr. Karr's "cheating" the lottery.
Continued
STREET ARTISTS PROGRAM COMMITTEE Page 6
7/28/82
Chairman Taliaferro recommnded that the 12 noon lottery rule
be discussed, lie moved that the alleged charges concerning Ms. War;
work be dismissed, and that the Program Committee consider the lottery
12 noon rule under "New Business." The motion was seconded by Commis-
sioner Goerner and unanimously approved. Chairman Taliaferro clarified
that Ms. Carp's work would be checked by the Art Inspector on the street
and, if necessary, be submitted in the normal hearing procedure.
NEW BUSINESS
1. » ■
Chairman Taliaferro welcomed the new Street Art Inspector, Mi
Jacqueline Hamilton, to the Program. He said she would be expected
to enforce the law "to the letter." If there shall be mitigating
circumstances, it would be the Program Committee's responsibility to
consider them.
Chairman Taliaferro read the Lottery's "12 NOON RULE."
Several street artists stated that they generally retain their
lottery slips in order to present them to the Police upon request.
Street artist Mitch Paradise said thai cases of conflict over spaces
are infrequent, that the lottery operates smoothly, and that less
rules were needed. Street artist Dale Axelrod said that less rules
allowed certain people to sell seven days a week. Another artist said
more rules were needed.
Chairman Taliaferro requested that the Lottery Committee hold a
meeting on this issue within the next thirty days and to report back
to the Program Committee. He asked Mr. Clark to attend the meeting;
Mr. Clark said he would.
Under new business, Mr. Axelrod raised the issue of having an
umbrella on a display; \> d he was threatened by a local offic<
for having an umbrella because this exceeded the five-foot height
limit. Chairman Taliaferro said this issue would be considered for
inclusion in the legislative draft.
Under new business, Program Director Lazar presented a lottery
proposal submitted by Mr. Clark. Chairman Taliaferro asked that this
proposal, too, be taken up at the lottery meeting.
The meeting adjourned at 12:20 p.m.
Respectfully submitted;
Howard Lazar ^
Director
Street Artists Program
City and County of San Francisco
Art Commission
Dianne Feinstein
£70,15 MAYOR
Joan Ellison
DIRECTOR
Commissioners
Koselynr C. Swi<)
l'li-M(l<'lll
Uiniln Veclensky. Jr.
Vice President
Vernon Alley
Timothy Uuncan
Fredrick Goerner
Roheri LaRocca
Richard Mayer
■ ).\( queline Nemerovski
Willicim Paterson
Piero Piiin
Peler Rodriguez
K.iv Taliaferro
fix Officio Members
Presidents of the
I ine Arts Museums
Library Commission
Planmny Commission
Recreation and Park
Commission
STREET ARTISTS PROGRAM COMMITTEE
DOCUMENTS DEPT.
AUG 1 2 1982
Tuesday, August 2k, 1982
10:00 a.m. <§£,
Public Library - Golden Gate Branch
1801 Green Street (at Octavia)
San Francisco
pit "-"APV
^
AGENDA
ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS
A. Findings on Craft Violation Reviews of 8/17/82
Tad Sky - Alleged Violation: One or more items displayed do
not meet Art Commission Criteria (beadstringing/
pendant criteria)
E. W. Sky -
ii ii
Latifa Rainbow - M " " " " "
B. Recommendations on Criteria for Engraving (hearing of 8/17/82)
II HEARING ON LEGISLATIVE DRAFT REPEALING SECTIONS OF ARTICLES 2k AND
2*+.l, AND AMENDING ARTICLE 2^.2 POLICE CODE TO INCORPORATE
PERTINENT PROVISIONS OF ARTICLE 24.1 (continued from 7/28 mtg. )
III LOTTERY COMMITTEE
A. Clarification of "12 Noon Rule "
B. Recommendations re: proposal for lottery procedure submitted
by William Clark
IV NEW BUSINESS
(415) 558-3463
693 MISSION STREET, 8TH FLOOR
SAN FRANCISCO, 94105
City and County off San Francisco
A10.1S
Art Commission
<r> STREET ARTISTS PROGRAM COMMITTEE
Commissioners
Roselyne Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
blanche Brown
Fredrick Goerner
Robert LaRocca
Richard Mayer
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Mayor Dianne Feinstein
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
Joan Ellison
Director of
Cultural Affairs
Thursday, September 23, 1982
10:00 a.m.
Public Health Building, Room 300
101 Grove Street (at Polk),
San Francisco
^s AGENDA
DOCUMENTS DEPT.
SEP 2 1982
fife! WSgw
'^°APV
I ENFORCEMENT PROVISION/AMENDMENT TO SECTION 2 z tl0(a) 1 FOURTH
LEGISLATIVE DRAFT REPEALING SECTIONS OF ARTICLES 2k AND 2*t.l
AND AMENDING ARTICLE 2k. 2 POLICE CODE TO INCORPORATE PERTINENT
PROVISIONS OF ARTCILE 24.1
II ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS
A. Amendment to Language: Pendant Criteria
B. Criteria for Engraving
III REQUEST BY FORME?. CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Brigitte Korn - Certificate # 26V3 expired August 2, 1982;
Ms. Korn notified Program September 2, 1982 (last day
for renewing certificate was August 16).
IV REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Louis C. Welsh - applied October 16, 1978 and was mailed
notice in August, 1980; notice was returned to Program.
B. Jack LaRue - applied October 29, 1980 and was mailed notice
in February, 1982; notice was returned to Program.
C. Gin Ku - applied February 2b, 198l, and received notice
mailed May 13, 1982; Mr. Ku responded by telephone
but staff did not record the date of his response
and did not schedule him for screening.
V REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING
A. Elgin Tesseraux - applied April, 198l; requests postponement
until spring, 1983*
B. Noriko Hat ami - applied May, 198l; requests postponement
until June, 1983.
(Continued on reverse side)
(415) 558-3463
693 MISSION STREET, 8TH FLOOR
SAN FRANCISCO, 94105
STREET ARTISTS PROGRAM COMMITTEE 9/23/82 - Continued
' VI REQUEST BY CERTIFICATE-HOLDER FOR EXTENDED PERIOD OF MAIL-
RENEWALS " ~ ~" ~
A. Frank Walker - request for one year extension for mail-renewal
beyond the allotted two consecutive renewals.
B. Jaime Perez and Virginia Travers - request by Mrs. Perez to
renew on artists 1 behalf for a third renewal until the
artists' return from Spain.
VII NEW BUSINESS
* * *
City and County of San Francisco
Art Commission
Commissioners
Roselyne C. Swig
President
Dianne Feinstein
MAYOR
Joan Ellison
DIRECTOR
STREET ARTISTS PROGRAM COMMITTEE
September 23, 1982
Public Health Building, Room 300
101 Grove Street, San Francisco
MINUTES
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Robert LaRocca
Richard Mayer
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
K.iy Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
Present: Commissioners Taliaferro, Mayer, Goerner
Chairman Taliaferro called the meeting to order at 10:16 a.m.
I ENFORCEMENT PROVISION/AMENDMENT TO SECTION 2*fl0(a) , FOURTH
LEGISLATIVE DRAFT REPEALING SECTIONS OF ARTICLES 2k AND 2^.1
AND AMENDING ARTICLE 2^.2 POLICE CODE TO INCORPORATE PERTINENT
PROVISIONS OF ARTICLE 24.1
The Chairman stated that Mr. Ephraim Margolin, attorney
for the Street Artists Association, had submitted a written
request to the Art Commission for some modifications to the
legislative draft. The Art Commission referred the legisla-
tion back to the Program Committee.
The Chairman said that one of Mr. Margolin's objections
was over the inclusion of the Art Commission's definition of
"Handcrafted Item": "An item which consists of components
predominantly created or altered in form by the street artist."
At its meeting of August 2^+th, the Program Committee had recom-
mended that the definition be stated: "An item which consists
of a_ component or components predominantly created or altered
in form by the street artist." The Chairman reported that Mr.
Margolin's suggested definition was "an item predominantly
created or significantly altered in form by the street artist."
Advisory Committee of Street Artists and Craftsmen Examiners
member Pat O'Connor stated that the suggested definition would
offer her Committee more latitude in subjectivity.
Commissioner Mayer stated that the Advisory Committee
would be able to determine that an item does not fulfill the
criteria if it is so influenced by a component not made by
the artist.
Street Artist Dale Axelrod requested that the "component"
provision be retained; without it, he said, artists would be
using components made by someone else.
Commissioner Mayer said that there were many examples of
(415) 558-3463
693 MISSION STREET, 8TH FLOOR
Continued
SAN FRANCISCO, 94105
STREET ARTISTS PROGRAM COMMITTEE Page 2
9/23/82 Minutes
art that included one or more components not made by the artist, and
these items could be considered "works of art." He welcomed the new
definition because he felt it provided more latitude for the Advisory
Committee and could result in a higher quality of art on the street.
Commissioner Mayer moved that the definition of "Handcrafted
Item" submitted by Mr. Margolin and the Street Artists Association,
replace the definition in the legislative draft (page 8, Section 2^01).
The motion was seconded by Commissioner Goerner and unanimously approved.
Chairman Taliaferro reported that the second recommendation from Mr.
Margolin was a provision for the Board of Supervisors to have flexibility
in all the provisions of Section 2^05 Regulations for Street Artists .
At the August 24th meeting, the Program Committee had recommended
flexibility in the size of display and in the event of a change of
curb zone. Now the Association was requesting provision for the Super-
visors to be able to modify the footage requirements as well. The
Chairman felt that, inasmuch ao the Supervisors would have to hold a
hearing on any modification, such a provision would be in keeping with
the democratic process.
Commissioner Mayer moved that the legislation include flexibility
in all provisions of Section 2405. The motion was seconded by Commis-
sioner Goerner.
Mr. Lloyd Pflueger, General Manager of the Downtown Association,
stated that the present "Kopp Ordinance" (Article 2^.2) is "very sacred"
to his association, as they had worked closely with the Fire Department
and the Board of Supervisors on it. He said that the Board can change
the provisions any time. He proposed that it be stated that any changes
shall be made on an individual, case-by-case basis.
Mr. Axelrod said that by not providing for a minimal footage for
spaces, the artists would be jeopardized by the possibility of the
Supervisors narrowing the spaces. He asked whether the Art Commission
would play an advocacy role for artists of different crafts.
Chairman Taliaferro replied that, in the event of proposed changes,
the Board of Supervisors would ask the Art Commission for its views,
and the Commission would, in turn, hold a hearing and report to the
Board.
Mr. Pat Flanigan, President of the Fisherman's Wharf Merchants
Association, questioned the need for the "flexibility" provision since
the Supervisors may exercise such powers now. He added that the "Kopp
Ordinance" was meant to ensure public safety and to place controls on
the street artists.
Ms. Linda Stark, President of the Street Artists Association,
Continued
STREET ARTISTS PROGRAM COMMITTEE Page 3
9/23/82 Minutes
stated that they were not asking for blanket approval over all spaces,
and that in the future a proposal for temporary spaces would be forth-
coming.
Commissioner Mayer withdrew his original motion and moved that
the legislation not include flexibility in the provisions of Section
2^05. The motion was seconded by Commissioner Goerner and unanimously
approved.
Commissioner Mayer moved that Recommendations #2 and //3 of the
Program Committee's August 24, 1982 meeting be withdrawn. The motion
was seconded by Commissioner Goerner and unanimously approved.
Chairman Taliaferro said that the third recommendation from Mr.
Margolin and the Street Artists Association was for a provision
specifying the offenses that would constitute an infraction and those
a misdemeanor. (At its last meeting, the Program Committee voted for
such a provision.) The Chairman stated that he felt the section (Section
2^10) should be left in its general terms so that misdemeanors could be
reduced to infractions.
Ms. Stark said she felt the punishment of a misdemeanor far outweighed
a street artist "crime," and that 90% of the violations should be con-
sidered as infractions. She said that the day before, however, an artist
was held in jail for four hours for having had an oversized display.
She said that the Association's attorney had advised that the section
be left in general terms as many cases could be tossed out of court.
However, she said, if the section were left in general terms, it would
leave too much power in the hands of the Police. The artists do not
like living with "vagueness" in the law, not knowing what they could
be arrested and hauled away for.
Commissioner Mayer said that the severest penalty an artist could
receive would be revocation of his certificate. He felt that the
legislation should spell out the number of infractions that would
result in revocation; he added that he did not feel the Art Commission
should send anyone to jail. He proposed that the subsection pertaining
to misdemeanor be eliminated and that the legislation provide that
three infractions would result in a hearing as to why a certificate
should not be revoked.
Street Artist Robert Clark stated that the Commission's present
methods of citation by Art Inspector and subsequent hearing procedure
would solve the problem, and that if an artist were cited a second time,
the Commission should not be lenient.
Commissioner Mayer moved that Section 2^10 be amended by deleting
from subsection (a) the words "or misdemeanor": "Any person violating
Continued.
STREET ARTISTS PROGRAM COMMITTEE Page k
9/23/82 Minutes
any provision of this Article shall be guilty of an infraction (( or
misdemeanor ))" and be amended by deleting subsection (a ii):
(( "If charged as a misdemeanor, the penalty shall be by imprisonment
in the County Jail not exceeding thirty days or a fine not exceeding
$100." )); and that Section 2^10 (b) be amended by deleting the words
"a misdemeanor or": "The complaint charging such violation shall
specify whether the violation charged is ((a misdemeanor or ) ) an in-
fraction." The motion was seconded by Commissioner Mayer.
Street Artist Bill Clark stated that if all violations were to be
considered as infractions and never misdemeanors, the artist would lose
his right to a trial by jury.
Chairman Taliaferro responded that Mr. Margolin had made that point
to his clients, but they had still wanted the misdemeanor provision
eliminated.
The motion was unanimously approved.
Commissioner Mayer requested Program Director Lazar to report at
the next meeting with a clarification of the grounds constituting
revocation of certificate and a detailing of options.
Commissioner Goerner moved that the "ENFORCEMENT PROVISION/AMEND-
MENT TO SECTION 2410(a)" as listed as Item I of the agenda be tabled
until the following meeting. The motion was seconded by Commissioner
Mayer and unanimously approved.
II ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS
Amendment to Language: Pendant Criteria . (By authorization of the
Art Commission, the Advisory Committee of Street Artists and Craftsmen
Examiners held a hearing on September 21, 1982 to consider amending the
criteria for "Beadstringing: pendants.")
Program Director Lazar read the present criteria:
Pendants : The pendant, stomacher, brooch, cameo,
and medallion part of the bead art object of sale must
be an item predominantly created or altered in form by
the street artist or craftsperson.
and the Advisory Committee's recommended amendment:
A commercially manufactured pendant may be per-
missible in a beaded necklace when the pendant has
been determined by the Advisory Committee to be an
integral element of the design of the necklace.
Continued
STREET ARTISTS PROGRAM COMMITTEE Page 5
9/23/82 Minutes
Advisory Committee member Pat O'Connor explained that if a necklace's
main object of sale was a commercially manufactured pendant, the necklace
would be illegal; however, if the main object of sale was the necklace
itself, the commercially manufactured pendant would be acceptable.
Commissioner Mayer moved that the following language be added to the
present criteria after the words "... the street artist or craftsperson":
...except as amended in the following paragraph:
A commercially manufactured pendant may be
permissible in a beaded necklace when the pendant
has been determined by the Advisory Committee to
be an integral element of and subordinate to the
total design of the necklace.
The motion was seconded by Commissioner Goerner.
Street Artist Dale Axelrod objected by saying that this would allow
everyone to violate the initial pendant criterion and would open the
door to endless appeals for justifying the commercially manufactured
pendants.
Chairman Taliaferro said that if the Advisory Committee feels it
needs the amendment, the Art Commission should allow it. If it creates
a problem, the Commission could rescind it.
The motion was unanimously approved.
Chairman Taliaferro had to leave. Commissioner Mayer chaired the
remainder of the meeting.
Criteria for Engraving . Program Director Lazar reported that, at
the September 21 meeting, the Advisory Committee had been unable to
recommend criteria, and that another hearing was required.
III REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Brigitte Korn - Certificate #2642 expired August 2, 1982; Ms. Korn
notified the Program on September 2, 1982 (her last day for renewing
the certificate was August l6th).
Commissioner Goerner moved that Ms. Korn's request for priority
in issuance of certificate be approved. The motion was seconded by
Commissioner Mayer and unanimously approved.
IV REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Louis C. Welsh - applied October 16, 1978 and was mailed notice in
Continued
STREET ARTISTS PROGRAM COMMITTEE Page 6
9/23/82 Minutes
in August, 1980 ; but the notice was returned to the Program.
Mr. Welsh told the Committee that in 1980 he had to leave
for Pittsburgh to' attend to his mother who later died of cancer.
Commissioner Mayer moved that Mr. Welsh's request for priority
in issuance of certificate be approved. The motion was seconded by
Commissioner Goerner and unanimously approved.
B. Jack LaRue - applied October 29, 1980 and was mailed notice in
February, 1982; notice was returned to Program.
Mr. LaRue was not present. The Committee decided to hold the
matter over.
C. Gin Ku - applied February 26, 198l, and received notice mailed May 13,
1982; Mr. Ku responded Ly telephone, but the staff failed to record
the date of his response and did not schedule him for screening.
Commissioner Gonerner moved that Mr. Ku's request for priority
in issuance of certificate be approved. The motion was seconded by
Commissioner Mayer and unanimously approved.
V REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING
A. Elgin Tesseraux - applied April, 198l; requested postponement until
spring, 1983.
Commissioner Goerner moved that Mr. Tesseraux 's request for
postponement of screening until spring, 1983, be approved. The motion
was seconded by Commissioner Mayer and unanimously approved.
B. Noriko Hatami - applied May, 198l; requested postponement until
June, 1983.
Commissioner Goerner moved that Ms. Hatami' s request for
postponement of screening until June, 1983, be approved. The motion
was seconded by Commissioner Mayer and unanimously approved.
VI REQUESTS BY CERTIFICATE-HOLDERS FOR EXTENDED PERIOD OF MAIL-RENEWALS
A. Frank Walker - Mr. Walker had submitted to the Program a letter-
. request for a one-year extension for mail-renewal beyond the allotted
two consecutive renewals.
Commissioner Goarner moved that Mr. Walker's request for extension
Continued
STREET ARTISTS PROGRAM COMMITTEE Page 7
9/23/82 Minutes
of mail-renewals be disapproved. The motion was seconded by Com-
missioner Mayer and unanimously approved.
B. Jaime Perez and Virginia Travers - Mr. Perez's mother had come to
the Program office to pay for the past two renewals of Mr. Perez
and Ms. Travers who were now in Spain, Mrs. Perez had told the
Program Director that the two would not be back in time for their
next renewal but would be back in January. Mrs. Perez intends to
renew for them on their next renewal; Program Director Lazar asked
the Program Committee for authorization to grant such renewal.
Commissioner Goerner moved that the. staff request to accept
renewal payment from Mrs. Yolanda Perez for Jaime Perez and Virginia
Travers be disapproved. The motion was seconded by Commissioner
Mayer and unanimously approved.
VI NEW BUSINESS
Street Artist Denise Florian stated that there were eight spaces
on Stockton Street, between Post and Sutter, on the Hyatt Hotel side,
and a year previously the adjacent curb had been painted as a white
zone. Recently, a policeman told Ms. Florian that the white zone made
it illegal for her to sell there. Ms. Florian wanted to know whether
the artists have been allowed to continue selling in the spaces and also
why the Department of Public Works did not notify the Art Commission of
its intent to paint the curb.
Commissioner Mayer requested Program Director Lazar to report at
the next meeting on the status of the spaces, the purpose for painting
the curb, and recommendations.
Street Artist Dale Axelrod stated that at the end of the Advisory
Committee meeting of September 21st, the Art Inspector had told the
Advisory Committee that they could be liable for lawsuit as a result of
their decisions. Mr. Axelrod said it should be made clear that it
would be the Art Commission, not the Advisory Committee, who would be
liable.
Commissioner Goerner asked Mr. Lazar to ask Inspector Hamilton if
she made such a remark and, if so, what she had meant by it, and that
Mr. 'Lazar report to the Committee.
Continued.
STREET ARTISTS PROGRAM COMMITTEE Page 8
9/23/82 Minutes
Mr. Axelrod requested that the matter of the Lottery Committee's
"preference poll" circulated on at the end of August, 1982, be placed
on the October agenda of the Street Artists Program Committee. He said
that the poll may be in violation of the Lottery's rules. Commissioner
Goerner directed Mr. Lazar to put it on the agenda.
Street Artist Bill Clark informed the Committee that the Lottery
Committee failed to announce, for three consecutive lotteries, the
"Notice to Street Artists" sent by the Program on August 25 1 1982,
clarifying the "NOONTIME RULE." Such notification and announcement
by the Lottery Committee had been requested by the Program Committee
at its August 2*fth meeting.
Lottery Committee member Linda Stark said that she made the an-
nouncement at the Thursday and Saturday lotteries, and that the announce-
ment flyer was placed on the signup table for a week.
Commissioner Mayer requested Mr. Lazar to send the announcement
to the Lottery Committee again to announce and to also have it disseminated
by the Art Inspector at the lotteries. Mr. Lazar stated that he wanted
to add to the announcement the Program Committee's clarification, on
August 2*+th, that an artist may allow his family unit member (s) to sell
from his space only when he is present. The Commissioners agreed that
this should be added to the announcement.
Mr. Clark asked that the announcement be ready for the Saturday
lottery. Mr. Lazar said he would mail it in time to the Lottery Com-
mittee and also give copies to the Inspector.
The meeting adjourned at 12:30 p.m.
Respectfully submitted:
Howard Lazar
<r~p" or /
A7C7 4 : STREET ARTISTS PROGRAM COMMITTEE
„/ / RECOMMEND ATIONS FOR AR T COMM ISSION - OCTOBER 4. 1982 MEETING
icr/4/(f2 l
I FOURTH LEGISLATIVE DRAFT REPEALING SECTIONS OF ARTICLES 2k AND 2*f.l, AND
AMENDING ARTICLE 2^.2 POLICE CODE TO INCORPORATE PERTINENT PROVISIONS OF
ARTICLE 2*f.l
RECOMMENDATION: Approval of legislative draft with the following amend-
ment/provisions (from 8/24 and 9/23 Program Committee hearings):
A. "Family Unit inscription on certificates - legislation should
provide that the certificate numbers of "family unit" members
be written by the Art Commission on the back of each unit mem-
ber's certificate. Suggestion: this provision could be incorpora-
ted on page 10, in item (c) Display ; or in Section 2^05 Regula-
tions for Street Artists , item (a).
B. Amendment to Definition of "Handcrafted Item" - the definition
of "Handcrafted Item" on page 8, Section 2^01 Additional Defin-
itions , (b), should be amended as follows (deletions are shown
by ( ( double parentheses )) and additions are underlined ) :
(b) "Handcrafted Item". An item (( which consists
of components )) predominantly created or significantly
altered in form by the street artist.
C. Amendments to Section 2^10 Criminal Violations: Penalties -
L>Ow ,3 DEPT.
1) Subsection (a) - delete the words "or misdemeanor":
"Any person violating any provision of this Article
shall be guilty of an infraction ((or misdemeanor ))."
2) Subsection (a - ii) - delete entire subsection:
UL I 4 \oQL (( "If charged as a misdemeanor, the penalty shall be
SAM - ^cicurn ky imprisonment in the County Jail not exceeding
pi mi i^» . ir.(, A pv thirty days or a fine not exceeding tylOO." ))
3) Subsection (b) - delete the words "a misdemeanor or":
"The complaint charging such violation shall specify
whether the violation is (( a misdemeanor or)) an in-
fraction."
II AMENDMENT TO "BEADSTR1NGING - PENDANTS" CRITERIA
RECOMMENDATION: Approval of the following underlined language to be
added to the present criteria:
Pendants: The pendant, stomacher, brooch, cameo, and
medallion part of the bead art object of sale must be an
item predominantly created or altered in form by the street
artist or craftsperson, except as amended in the following
Continued
paragraph :
A commercially manufactured pendant may be permissible
in a beaded necklace when the pendant has been determined
by the Advisory Committee to be an integral element of and
subordinate to the total design of the necklace.
III REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF CERTIFICATE
RECOMMENDATION: Approval of request of the following:
A. Brigitte Korn - certificate #26^3 expired August 2, 1982; Ms. Korn
notified Program September 2, 1982 (her last day for renewing
certificate was August 16).
IV REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
RECOMMENDATION: Approval of requests of the following:
A. Louis C. Welsh - applied October 16, 1978, and was mailed notice
in August, 1980 ; notice was returned to Program.
B. Gin Ku - applied February 26, 198l, and received notice mailed
May 13, 1982; Mr. Ku responded by telephone but staff failed
to record the date of his response and did not schedule him
for screening.
V REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING
RECOMMENDATION: Approval of the requests of the following:
A. Elgin Tesseraux - applied April, 198l; requests postponement
until spring, I983.
B. Noriko Hatami - applied May, 198l; requests postponement until
June, 1983*
VI REQUESTS BY CERTIFICATE-HOLDERS FOR EXTENDED PERIOD' OF MAIL-RENEWALS
RECOMMENDATION: Disapproval of requests of the following:
A. Frank Walker - requests a one-year extension for mail-renewal
beyond the allotted two consecutive renewals.
B. Jaime Perez and Virginia Travers - request by staff for author-
ization to accept renewal payment from Mr. Perez's mother who
has paid for the past two renewals for Mr. Perez and Ms. Travers.
(Artists are to return from Spain in January.)
City and County of San Francisco
p/n
Diannc Feinstein
MAYOR
Art Commission
Joan Ellison
uUCUMENTS DEPTM RECT0R
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Robert LaRocca
Richard Mayer
Jacqueline Nemerovski
William Paterson
Picro Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Pine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
STREET ARTISTS PROGRAM COMMITTEE
OCT 1 4 1982
SAN FRANCISCO
punt >~ • |R« A pY
Wednesday, October 20, 1982
10:00 a.m. ^
Mission Cultural Center
2868 Mission Street (between 2^th and 25th Streets)
San Francisco, California
^AGENDA
I CITY ATTORNEY RECOMMENDATION ON AMENDING LANGUAGE OF ENFORCEMENT
PROVISION, SECTION 2410(a), 4TH LEGISLATIVE DRAFT REPEALING -
SECTIONS OF ARTICLES 2h AND 2*Kl AND AMENDING ARTICLE 2h~
POLICE CODE
II DIRECTOR'S REPORT ON STATUS OF SPACES, STOCKTON STREET AT POST
III ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS:
FINDINGS FROM CRAFT VIOLATION REVIEWS OCTOBER 19, 1982, REGARDING
THE FOLLOWING CERTIFICATE-HOLDERS :
A. Betty Bundschu; alleged violation: one or more items displayed
do not meet criteria
(beadstringing/pendant s )
B. Ching-Lan Sun; "
C. Chik Yuk Suen; "
D. Susan Shindelka; "
E. Suey Wan Lee Wu; "
F. Peter Wiley; " " (leathercraft/buckle criteria)
G. James Bazil; " " (leathercraft/buckle criteria)
H. Penny Valle; " " (leathercraft/buckle criteria)
I. Helen I-Wu Chien " " (beadstringing/pendants)
IV REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Jack Frenchie LaRue - applied October 29, 1980 and was mailed
notice in February, 1982; notice was returned to Program
B. Elizabeth Jane Lygon - applied June 30, 1982
V REQUEST FOR ART COMMISSION STAFF ATTENDANCE AT LOTTERIES AND/OR
LOTTERY COMMITTEE MEETINGS
(continued on reverse side)
[415) 558-3463
693 MISSION STREET, 8TH FLOOR
SAN FRANCISCO, 94105
VI LOTTERY COMMITTEE PREFERENCE POLL RE: "OCCUPANCY/12 NOON RULE" -
QUESTION ON LEGALITY OF POLL
VII REQUEST BY CERTIFICATE-HOLDER FOR POLICY ON NOTIFICATION TO ALL
CERTIFICATE-HOLDERS RE: PUBLIC HEARINGS ON AMENDING CRAFT CRITERIA
VIII NEW BUSINESS
City and County of San Francisco
^"70»"7S^ Dianne Feinstein
^ <- MAYOR
DOCUMENTS DERT.
NOV 5 1982
8AN FRANCISCO
piipij* | IRRAPV
Art Commission
Joan Ellison
DIRECTOR
STREET ARTISTS PROGRAM COMMITTEE
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
K'crr.zr. A!!sy
Timothy Duncan
Fredrick Goerner
Robert LaRocca
Richard Mayer
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
The meeting originally scheduled for October 20th has been changed to
Monday , November 1, 1982
1:30 p.m. "
Main Library - Commissioners Room (3rd floor)
Larkin & McAllister Streets, San Francisco
«*?• A G E N D A
CITY ATTORNEY RECOMMENDATION ON AMENDING LANGUAGE OF ENFORCEMENT
PROVISION, SECTION 2410 la ) , kTd LEGISLATIVE DRAFT REPEALING
SECTIONS OF ARTICLES 2k AND 2*t.l AND AMENDING ARTICLE 2^.2
POLICE CODE
II DIRECTOR'S REPORT ON STATUS OF SPACES, STOCKTON STREET AT POST
III ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS:
FINDINGS FROM CRAFT VIOLATION REVIEWS OCTOBER 19, 1982, REGARDING
THE FOLLOWING CERTIFICATE-HOLDERS :
A. Betty Bundschu; alleged violation: one or more items displayed
do not meet criteria
B. Ching-Lan Sun;
C. Chik Yuk Suen;
D. Susan Shindelka;
E. Suey Wah Lee Wu;
F. Peter Wiley;
G. James Bazil;
H. Penny Valle;
I. Helen I-Wu Chien
(beadstringing/pendants)
it ir ii ii
II
II
It
II
II
II
It
II
II .
(leathercraft/buckle criteria)
(leathercraft /buckle criteria)
(leathercraft/buckle criteria)
(beadstringing/pendants )
IV REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Jack Frenchie LaRue - applied October 29, 1980 and was mailed
notice in February, 1982; notice was returned to Program
B. Elizabeth Jane Lygon - applied June 30, 1982
V REQUEST FOR ART COMMISSION STAFF ATTENDANCE AT LOTTERIES AND/OR
LOTTERY COMMITTEE MEETINGS
(continued on reverse side)
(415) 558-3463
693 MISSION STREET, 8TH FLOOR
SAN FRANCISCO, 94105
VI LOTTERY COMMITTEE PREFERENCE POLL RE: "OCCUPANCY/12 NOON RULE" -
QUESTION ON LEGALITY OF POLL
^ r -
VII REQUEST BY CERTIFICATE-HOLDER FOR POLICY ON NOTIFICATION TO ALL
CERTIFICATE-HOLDERS HE; PUBLIC HEARINGS ON AMENDING CRAFT CRITERIA
VIII NEW BUSINESS
I :
* * *
r r
City and County of San Francisco
Dianne Feinstein
MO, IS
»l/|fc>/<
Art Commission
Joan Ellison
DIRECTOR
Commissioners
Roselyne C. bwig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Robert LaRocca
Richard Mayer
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
DOCUMENTS DEPT.
NOV 1 6 1982
SAN FRANCISCO
pi i.jii t<* • if^APV
STREET ARTISTS PROGRAM COMMITTEE
Tuesday, November 16, 1982
10;00 - 11; 30 a.m.
Main Library - Lurie Room
(ground floor)
Larkin & McAllister Streets
San Francisco
•o-
AGENDA
HEARING ON SAN FRANCISCO STREET ARTISTS ASSOCIATION'S
PROPOSED SALES SPACES FOR DOWNTOWN AREA - CHRISTMAS, 1982
* * *
(415) 558-3463
693 MISSION STREET, 8TH FLOOR
SAN FRANCISCO, 94105
City and County of San Francisco
Art Commission
Dianne Feinstein
MAYOR
Joan Ellison
DIRECTOR
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Robert LaRocca
Richard Mayer
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
STREET ARTISTS PROGRAM COMMITTEE
November 16, 1982
Main Library, Lurie Room
Larkin & McAllister Streets
San Francisco
MINUTES
DOCUMENTS DEPT.
DEC 6 1982
SAN FRANCISCO
piiQi «<-> ( inQAPV
Present: Commissioners Taliaferro and Mayer.
Chairman Taliaferro called the meeting to order at 10:20 a.m.
HEARING ON SAN FRANCISCO STREET ARTISTS ASSOCIATION'S PROPOSED SALES
SPACES FOR DOWNTOWN AREA - CHRISTMAS, 1982
Program Director Lazar reported that a meeting had been held with
members of the Street Artists Association, the Downtown Association,
and the Street Artists Program staff, with regard to a proposal by
the Street Artists Association for additional spaces downtown for
the Christmas season. Each space had been reviewed with respect to
the law, and both associations had agreed on 5^ new spaces (out of a
proposed 60) which comply with the regulations:
Spaces Location
3 Post Street, north side, Stockton to Grant
5 Market Street, south side, 4th to 5th
k Market Street, south side, New Montgomery to 3rd
2k Market Street, south side, 1st to 2nd
5 Market Street, north side, Stockton to Grant
3 Market Street, north side, Grant to Kearny
3 Market Street, north side, Montgomery to Sansome
7 Sutter Street (2 on south side, 5 on north side) at
Market
Commissioner Mayer movsd that the proposed sales spaces, as agreed
upon by the Street Artists Association and Downtown Association,
for the downtown area during the Christmas season, 1982, be endorsed
by the Art Commission for consideration by the Board of Supervisors.
The motion was seconded by Commissioner Taliaferro and unanimously
approved.
The Program Director also informed the Committee that in the meeting
of the two associations, it had been concluded that the present
Continued.
(415) 558-3463
693 MISSION STREET, 8TH FLOOR
SAN FRANCISCO, 94105
Street Artists Program Committee Page 2
Minutes - 11/16/82
regulation of a 5-foot distance between street artist displays
should not be a requirement around BART entrances and exits.
Both associations were requesting that the Art Commission approve,
in its new legislation, a provisions which would, for such areas,
require that (a) the distance between displays be two feet and (b)
the distance from the edge of a display to the BART wall be no more
than 5 feet. These changes would require amending Section 2^05 of
the City Attorney's legislative draft scheduled to go before the
Board of Supervisors in December.
Commissioner Mayer moved that, in the proposed street artist legislation,
a provision be included which would, for BART entrances and exits,
require that (a) the distance between street artist displays be two
feet and (b) the distance from the edge of a display to the BART wall
be no more than five feet. The motion was seconded by Commissioner
Taliaferro and unanimously approved.
The meeting adjourned at 11:00 a.m.
Respectfully submitted:
Howard Lazar "
Director
Street Artists Program
STREET ARTISTS PROGRAM COMMITTEE
RECOMMENDATIONS FROM MEETINGS OF NOVEMBER 16 AND NOVEMBER 23, 1982
I STREET ARTISTS ASSOCIATION'S PROPOSAL FOR ADDITIONAL SALES SPACES IN
DOWNTOWN AREA FOR CHRISTMAS, 1982
RECOMMENDATION: Approval of the 5^ proposed sales spaces, as agreed upon
by the Street Artists Association and Downtown Association,
in the downtown area during the Christmas season, 1982, as
endorsement for consideration by the Board of Supervisors.
II AMENDMENT TO PROPOSED STREET ARTIST LEGISLATION (REPEALING SECTIONS OF
ARTICLES 2k AND 2*t.l AND AMENDING ARTICLE 2^.2 POLICE CODE) APPROVED
BY ART COMMISSION OCTOBER *+, 1982
RECOMMENDATION: Approval of a provision which would, for BART entrances
and exits, require that (a) the distance between street
artist displays be two feet, and (b) the distance from
the edge of a street artist display to the BART wall be
no more than five feet.
Ill CRAFT VIOLATION REVIEWS
A. Susan Shindelka
RECOMMENDATION: That Ms. Shindelka be found in violation, Street Artist
Violation II (One or More Items Displayed Do Not Meet
Art Commission Criteria), Beadst ringing/Pendant Criteria;
but that the penalty be suspended.
B. Eaiko Chou
RECOMMENDATION: That Ms. Chou be found in violation, Street Artist Viola-
tion II, Beadstringing/Pendant Criteria; but that the
penalty be suspended.
C. Richard Ashton
RECOMMENDATION: That Mr. Ashton be found in violation, Street Artist
Violation II, Beadstringing/Pendant Criteria; but that the
penalty be suspended.
D. James Bazil
RECOMMENDATION: That Mr. Bazil be found in violation, Street Artist Viola-
tion IV, Section 2 (Category of Craft Not Certified, And
Items Displayed Are Determined to Be Not of Artist's Own
Creation), and that his certificate be suspended for three
months .
E. Dale Haverlandt
RECOMMENDATION: That Mrs. Haverlandt be found in violation, Street Artist
Violation II, Beadstringing/Pendant Criteria; but that the
penalty be suspended.
Continued
Street Artists Program Committee
Recommendations from Meetings of 11/16 and 11/23/82
Page 2
F. Penny Valle
RECOMMENDATION: That Ms. Valle be found in violation, Street Artist
Violation IV, Section 2 (Category of Craft Not
Certified, And Items Displayed Are Determined to Be
Not of Artist's Own Creation), second violation,
and that her certificate be susp:ended for one year.
RECOMMENDATION: That Ms. Valle be found in violation, Street Artist
Violation VII (Failure to Appear for Hearing with
Street Artists Program Committee, When Notified),
second violation, and that her certificate be sus-
pended until entire revocation procedure is completed.
IV REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF CERTIFICATE
Wayne Szwed - Certificate #27^3 expired October 1, 1982; Mr. Szwed's re-
quest for priority in issuance of certificate was received
by the Program office October 28.
RECOMMENDATION: Approval of Mr. Szwed's request for priority, above the
waiting list of applicants, in the issuance of certificate.
V REQUEST FOR ART COMMISSION STAFF ATTENDANCE AT STREET ARTIST LOTTERIES
AND/OR LOTTERY COMMITTEE MEETINGS
RECOMMENDATION: That the Street Artists Program staff attend the lot-
teries and Lottery Committee meetings, and that the
Lottery Committee submit its minutes of meetings to
the Program regularly.
VI AUTHORIZATION FOR STAFF REPORT ON LOTTERY COMMITTEE COMPLIANCE WITH
ART COMMISSION REGULATIONS
RECOMMENDATION: That the staff report on the Lottery Committee's
August, 1982 "Preference Poll" and its alleged in-
fraction of lottery rules, and the degree of Lottery
Committee compliance with Art Commission regulations.
City and County of San Francisco
Art Commission
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Robert LaRocca
Richard Mayer
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
Dianne Feinstein
MAYOR
Joan Ellison
DIRECTOR
^ww^ENTS DEPT
STREET ARTISTS PROGRAM COMMITTEE NOV 16 1982
SAN FKANCISCO
Tuesday, November 23, 1982 P " " ,r ' ,PPAPV
2;00 p.m.
Main Library - Commission Room (3rd floor)
Larkin & McAllister Streets, San Francisco
tP A G E N D A
ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS:
FINDINGS ON CRAFT VIOLATION REVIEWS
A. Penny Valle (from October 19 Alleged Violation: One or
hearing) more items displayed do not
meet criteria (Leathercraft/
Buckle Criteria)
B. Susan Shindelka
C. Eaiko Chou
D. Dale Haverlandt
E. Richard Ashton
F. James Bazil
ii ii
it ti
(Beadst ringing/Pendant Criteria)
ii ti ti ii ii
(Beadstringing/Pendant Criteria)
it it ti ii ii
(Beadstringing/Pendant Criteria)
ii it ii ii it
(Beadstringing/Pendant Criteria)
ti it ii it it
(Leathercraft/Buckle Criteria)
II REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Wayne Szwed - Certificate # 27^3 expired October 1, 1982;
request received by office October 28.
III REQUEST FOR ART COMMISSION STAFF ATTENDANCE AT LOTTERIES AND/OR
LOTTERY COMMITTEE MEETINGS
IV QUESTION ON LEGALITY OF LOTTERY COMMITTEE PREFERENCE POLL RE:
M 0CCUPANCY/12 NOON RULE"
Continued.
(415) 558-3463
693 MISSION STREET, 8TH FLOOR
SAN FRANCISCO, 94105
V REQUEST FOR POLICY ON NOTIFICATION TO ALL CERTIFICATE-
HOLDERS RE: PUBLIC HEARINGS ON AMENDING CRAFT CRITERIA
VI REQUEST BY CERTIFICATE-HOLDER FOR CERTIFICATION OF NEW ITEM
A. Philip Curatola - request for certification to sell
cassette tapes of "music written and performed by
the artist, accompanied by his band."
VII NEW BUSINESS -
r r
City and County of San Francisco
Art Commission
Dianne Feinstein
MAYOR
■to /
Joan Ellison
DIRECTOR
SJu/'za/frx
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Robert LaRocca
Richard Mayer
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
•^ STREET ARTISTS PROGRAM COMMITTEE
^ November 23, 1982 DOCUMENTS DEPT.
^ Main Library, Commissioners Room
Larkin & McAllister Streets, DEC 6 1982
San Francisco SAN FRANC|8CQ
Pilot »~ P IRRAPV
^ MINUTES
Present: Commissioners Taliaferro and Mayer.
Chairman Taliaferro called the meeting to order at 2:10 p.m.
I ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS :
FINDINGS FROM CRAFT VIOLATION REVIEWS
A. Susan Shindelka - (Ms. Shindelka had been cited by the Art
Inspector on August 1, 1982, for Street Artist Violation II:
One or More Items Displayed Do Not Meet Art Commission Criteria;
Beadstringing/Pendant Criteria. She was notified to appear
for hearings with the Advisory Committee and the Street Artists
Program Committee scheduled for October 19 and October 20
respectively. She notified the office that she would be in
Los Angeles at the time of her hearings. She was rescheduled
for hearings in the morning and afternoon of November 23.
The Advisory Committee found, in the photo taken at the time
of citation, that Ms.- Shindelka had been in violation, Street
Artist Violation II, due to the display of commercially manufac-
tured pendants on chains, stickpins and barrettes. The Advisory
Committee found no violation in the work presented at her hear-
ing.)
Ms. Shindelka told the Commissioners that she had had stock
that she had wanted to get rid of. Commissioner Mayer examined
the photo taken on August 1 and also one taken on November 20
and remarked that there appeared no change in the display of
unauthorized merchandise. Commissioner Mayer moved that Ms.
Shindelka be found in violation, Street Artist Violation II,
but that the penalty be suspended. The motion was seconded
by Commissioner Taliaferro and unanimously approved.
B. Eaiko Chou - (Ms. Chou had been cited on October 1^, 1982, for
Street Artist Violation II, Beadstringing/Pendant Criteria. At
her hearing in the morning of November 23, the Advisory Com-
mittee found that, in the photo taken at the time of citation,
Continued.
(415) 558-3463
693 MISSION STREET, 8TH FLOOR
SAN FRANCISCO, 94105
Street Artists Program Committee Page 2
Minutes - 11/23/82
Ms. Chou had been in violation, Street Artist Violation II, due to
the display of commercially manufactured "cloisonne" pendants on
chains. The Advisory Committee found no violation in the work shown
at her hearing.)
Commissioner Mayer moved that Ms. Chou be found in violation, Street
Artist Violation II, but that the penalty be suspended. The motion
was seconded by Commissioner Taliaferro and unanimously approved.
C. Richard Ashton - (Mr. Ashton had been cited on November 5* 1982, for
Street Artist Violation II, Beadstringing/Pendant Criteria. At his
hearing in the morning of November 23, the Advisory Committee found
that, in the photo taken at the time of citation, Mr. Ashton had been
in violation, Street Artist Violation II, due to the display of com-
mercially manufactured "bird"-shaped pendants. The Advisory Committee
also found him in violation for the same items shown at his hearing.
Mr. Ashton submitted a letter to Program Director Lazar, informing the
Street Artists Program Committee that he would not be able to attend
his hearing that afternoon and requesting a later hearing.)
Mr. Ashton did not appear at the Program Committee hearing. The Com-
missioners reviewed the photographs and the Advisory Committee's findings.
Commissioner Mayer moved that Mr. Ashton be found in violation, Street
Artist Violation II, but that the penalty be suspended. The motion was
seconded by Commissioner Taliaferro and unanimously approved.
D. James Bazil - (Mr. Bazil had been cited on November 5i 1982, for Street
Artist Violation II, Leathercraft/Buckle Criteria. This occurred four
days after the Art Commission had resolved to suspend his certificate
for one week, for the same violation. On November 19, 1982, Mr. Bazil
submitted a letter informing the Program Director that he would not be
able to attend his hearing because of another commitment. He did not
appear at either of his committee hearings scheduled on November 23.)
Art Inspector Hamilton informed the Commissioners that she had found
Mr. Bazil displaying commercially manufactured belt buckles without
being attached to leather belts, and that, at the time of citation, he
had stated that he did not intend to come to his hearing.
Commissioner Mayer moved that Mr. Bazil be found in violation, Street
Artist Violation II, for the second time and that his certificate be
suspended for four weeks. The motion was seconded by Commissioner
Taliaferro and unanimously approved.
Upon examination of the photo taken of Mr. Bazil 's display, the Com-
missioners observed that the display of commercially manufactured
buckles could also constitute Street Artist Violation IV, Section 2
(Category of Craft Not Certified, And Items Displayed Are Determined
to Be Not of Artist's Own Creation). Commissioner Mayer moved that
the previous recommendation on Mr. Bazil be rescinded. The motion
was seconded by Commissioner Taliaferro and unaimously approved.
Continued
Street Artists Program Committee Page 3
Minutes - 11/23/82
Commissioner Taliaferro moved that Mr. Bazil be found in violation,
Street Artist Violation IV, Section 2, and that his certificate be
suspended for three months. The motion was seconded by Commissioner
Mayer and unanimously approved.
E. Dale Haverlandt - (Mrs. Haver landt had been cited on November 5, 1982,
for Street Artist Violation II, Beadstringing/Pendant Criteria. At
her hearing in the morning of November 23rd, the Advisory Committee
found that, in the photo taken at the time of citation, Mrs. Haverlandt
had been in violation, Street Artist Violation II, due to the display
of commercially manufactured pendants. The Advisory Committee found
no violation in the work shown at her hearing.)
Mrs. Haverlandt told the Commissioners that, prior to receiving the
citation, she had been working a fair and that some of the pendants
which had been allowed by the fair, were erroneously placed on her
street artist display.
Commissioner Mayer moved that Mrs. Haverlandt be found in violation,
Street Artist Violation II, but that the penalty be suspended. The
motion was seconded by Commissioner Taliaferro and unanimously approved.
F. Penny Valle - (Ms. Valle had been cited on August 22, 1982, for Street
Artist Violation II, Leathercraft/Buckle Criteria. At her hearing on
October 19, the Advisory Committee found that, in the photo taken at
the time of citation, Ms. Valle had been in violation due to the display
of commercially manufactured buckles that were not attached to her
certified belts. Ms. Valle did not bring samples of buckles or belts
to show the Committee. She did not appear at her hearing with the
Program Committee on October 20. The office notified her to appear
before the Program Committee on November 23. )
Ms. Valle did not appear. The Commissioners examined the photo taken
at the time of the August 22 citation and observed that, on November 3,
1980, the Art Commission by resolution found Ms. Valle in violation,
Street Artist Violation IV, Section 2, and imposed the penalty of a
three-month suspension. The penalty would have been in effect from
November 17, I98O - February Ik, 19&L, but Ms. Valle appealed to the
Board of Permit Appeals who ordered that the suspension be deferred
until January 1, 198l. The Commissioners stated that it appeared
Ms. Valle 's current citation was for the same violation, Street Artist
Violation IV, Section 2, and not for Street Artist Violation II.
Commissioner Mayer moved that Ms. Valle be found in violation, Street
Artist Violation IV, Section 2, second violation. The motion was
seconded by Commissioner Taliaferro and unanimously approved.
Commissioner Mayer moved that the penalty for Street Artist Violation
IV, Section 2, second violation - a one-year suspension of certificate -
be imposed on Ms. Valle. The motion was seconded by Commissioner
Continued
Street Artists Program Committee Page 4
Minutes - 11/23/82
Taliaferro and unanimously approved.
Commissioner Taliaferro moved that Ms. Valle be found in violation,
Street Artist Violation VII (Failure to Appear for Hearing with
Street Artists Program Committee, When Notified), second violation,
and that the penalty for S.A.V. VII, second violation, be imposed
(suspension of certificate until entire revocation procedure is
completed). The motion was seconded by Commissioner Mayer and unani-
mously approved.
II REQUEST BY FORMER CERTIFICATE- HOLDER FOR PRIORITY IN ISSUANCE OF CERTIFICATE
Wayne Szwed - (Certificate #27^3 had expired October 1, 1982; Mr. Szwed 's
request for priority in issuance of certificate was received by the Program
office on October 28.)
Commissioner Mayer moved that Mr. Szwed be given priority, above the
waiting list of applicants, in the issuance of a certificate. The motion
was seconded by Commissioner Taliaferro and unanimously approved.
III REQUEST FOR ART COMMISSION STAFF ATTENDANCE AT LOTTERIES AND/OR LOTTERY
COMMITTEE MEETINGS
The Program had received a request from Lottery Committee Member Sandra
O'Brien for a representative of the Art Commission staff to be present
at lotteries and/or Lottery Committee meetings which "could ensure
fair and unbiased handling of lottery activities."
Art Inspector Hamilton reported that the Lottery Committee had not been
keeping accurate records of daily space assignments. Program Director
Lazar stated that he felt the lotteries should be monitored.
Commissioner Taliaferro moved that the staff attend the lotteries and
Lottery Committee meetings when possible, and that the Lottery Committee
submit its minutes of meetings to the Program regularly. The motion
was seconded by Commissioner Mayer and unanimously approved.
IV QUESTION ON LEGALITY OF LOTTERY COMMITTEE PREFERENCE POLL REGARDING
"OCCUPANCY/12 NOON RULE"
Street Artists Bill Clark and Dale Axelrod told the Commissioners that
the Lottery Committee's "preference poll" (circulated at the end of
August, 1982) was political and, because it had not been authorized by
a petition of twenty-five street artists, illegal. Mr. Axelrod stated
that the poll was contained on a ballot for new lottery members, and
that it has encouraged disregard for the occupancy rule.
Commissioner Taliaferro moved that the staff report on the preference
Continued
Street Artists Program Committee Page 5
Minutes - 11/23/82
poll's alleged infraction of lottery rules and the degree of Lottery
Committee compliance with Art Commission regulations. The motion was
seconded by Commissioner Mayer and unanimously approved.
V REQUEST FOR POLICY ON NOTIFICATION TO ALL CERTIFICATE-HOLDERS REGARDING
PUBLIC HEARINGS ON AMENDING CRAFT CRITERIA
Program Director Lazar informed the Commissioners that agendas of all
meetings of the Program are mailed to Lottery Committee members for
announcement at the lotteries, various departmental personnel, and all
persons on the mailing list - approximately fifty persons notified each
month.
Street Artist Dale Axelrod told the Committee that since the Program
staff would be attending the lotteries, the staff could hand out notice
of meetings on amending criteria. He also suggested that the imple-
mentation of any change in criteria be deferred for three months to
allow the Program Director to inform every artist upon renewal of
certification.
Commissioner Taliaferro requested that the staff continue its efforts
to disseminate information to the Lottery Committee and at the lotteries.
VI REQUEST BY CERTIFICATE-HOLDER FOR CERTIFICATION OF NEW ITEM
Philip Curatola - requested certification to sell cassette tapes of
"music written and performed by the artist, accompanied by his band."
Program Director Lazar summarized the issues presented by the Advisory
Committee of Street Artists and Craftsmen Examiners in their letter of
October 26, 1982.
Mr. Curatola told the Committee that he recorded his tape at an 8-track
studio in San Francisco, and that he wrote the tunes, arranged them,
and performed them on his mandolin and guitar. He supervised the tape
production in all areas, he said. He submitted a petition of street
artist signatures.
Commissioner Mayer clarified that this would be considered "documentation"
of the artist's performance and would be introducing music into the
Street Artists Program. As the Program is a visual arts program, he said,
he was not convinced that a cassette was a "handcrafted item."
Mr. Curatola requested that the Program become an audio as well as visual
program.
Commissioner Taliaferro said that his Committee was not prepared to make
a decision, and that it should hear from attorneys and experts in the music
field on whether music should be a part of the Program.
The meeting adjourned at 3:25 p.m.
Re spe c t fully . submit ted;
Howard Lazar, Director
Street Artists Program
City and County of San Francisco
Art Commission
Dianne Feinstein
MAYOR
Joan Ellison
DIRECTOR
STREET ARTISTS PROGRAM COMMITTEE
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vies President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Robert LaRocca
Richard Mayer
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
December 21, 1982
Public Health Building, Room 300
101 Grove Street, San Francisco jQCUMENTS PUP*
MINUTES
JAN m$
Present: Commissioners Goerner and Mayer.
Commissioner Mayer called the meeting to order at 2:00 p.m.
SAN l-KHtWuvi*^
pup? ftjiifV
I REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE
Elsie Wilson - appeared and stated that she had applied for
certification on June 20, 1977 and found out recently from the
Program that she had been sent notice in March, I98O. She did
not receive the notice.
Commissioner Goerner moved that Ms. Wilson's request be approved.
The motion was seconded by Commissioner Mayer and unanimously
approved.
II REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
Helen Rees - appeared and stated that her certificate had expired
August 11, 1982, and that she had not known that the Program does
not notify certificate-holders of their expiration date.
Commissioner Goerner moved that Ms. Rees's request be approved.
The motion was seconded by Commissioner Mayer and unanimously
approved.
Former Certificate-holders Lily Chianp: , Thomas Chiang , and Phillip
Owens , • who had submitted requests for priority in issuance of
certificates, did not appear. The Committee decided to hold over
their requests.
Ill CRAFT VIOLATION REVIEWS (FINDINGS OF THE ADVISORY COMMITTEE OF
STREET ARTISTS AND CRAFTSMEN EXAMINERS
The following artists, who had received notices of alleged viola-
tion, did not appear at their hearings with the Advisory Committee
and the Program Committee: David Braun, John Dobson, Robert Wild ,
Beverly Nicole, Marilyn Fong, Susan Sherriff , and Richard Was s or man .
Letters requesting postponement of hearings had been received from
Mr. Braun, Mr. Dobson, Ms. Nicole, Mrs. Fong, Ms. Sherriff. The
Program Committee decided to reschedule these cases for
the following month.
Continued.
(415) 558-3463
693 MISSION STREET, 8TH FLOOR
SAN FRANCISCO, 94105
STREET ARTISTS PROGRAM COMMITTEE Page 2
Minutes 12/21/82
The only scheduled artist who had received a notice of alleged
violation and also appeared at both Committee hearings was Joyce
Kung . Ms. Kung had been cited for Street Artist Violation II,
"CATEGORY OF CRAFT CERTIFIED, BUT ONE OR MORE ITEMS DISPLAYED DO
NOT MEET ART COMMISSION CRITERIA" - Beadcraft/Pendant Criteria.
According to the Minutes of the Advisory Committee on December 21st,
the Advisory Committee found a violation (S.A.V. II) in the photo
taken of her display, due to the display of commercially manufactured
pendants. The Advisory Committee had found no violation in the work
which Ms. Kung had presented at her hearing.
Commissioner Goerner moved that Ms. Kung be found in violation,
Street Artist Violation II, but that the penalty be suspended.
The motion was seconded by Commissioner Mayer and unanimously ap-
proved by the Committee.
IV NEW BUSINESS
Program Director Lazar reported that Mr. James Bazil, whose certifi-
cate had been suspended for three months by the Commission on December
6th, had filed an appeal with the Board of Permit Appeals. His hearing
is scheduled for January 5» 19&3. Ms. Penny Valle, whose certificate
had been suspended for one year by the Commission, had not filed an
appeal.
Respectfully submitted
Howard Lazar
^ STREET ARTISTS PROGRAM COMMITTEE wwwumumo wtri
m FEB 71983
RECOMMENDATIONS FROM METINGS OF JANUARY 16th, 1983 SAN FRANCISCO
Q pilRi .M* I IRRAPV
REQUEST BY FORMER CERTIFICATE HOLDERS FOR PRIORITY IN ISSUANCE OF
CERTIFICATE
I. NANCY SCOTT - CERTIFICATE EXPIRED 12/21/82; TELEPHONED OFFICE
1/5/83 requesting hearing.
RECOMMENDATION: APPROVAL OF Ms. SCOTTS' S REQUEST FOR PRIORITY
ABOVE THE WAITING LIST OF APPLICANTS, IN THE
ISSUANCE OF CERTIFICATE.
KWOK LAN LAM - CERTIFICATE EXPIRED 12/4/82; SUBMITTED LETTER
1/3/83 REQUESTING HEARING.
RECOMMENDATION: APPROVAL OF Ms. LAM'S REQUEST FOR PRIORITY
ABOVE THE WAITING LIST OF APPLICANTS, IN THE
ISSUANCE OF CERTIFICATE.
J. JOYCE McGUIRE-CERTIFICATE EXPIRED 1 2/ 1 8/ 8 2 , SUMITTED LETTER
1/5/83 REQUESTING HEARING.
RECOMMENDATION: APPROVAL OF Ms.McGUIRE'S REQUEST FOR PRIORITY
ATBOVE THE WAITING LIST OF APPLICANTS, IN THE
ISSUANCE OF CERTIFICATE.
CRAFT VIOLATION REVIEW S
II.
A. ROBERT WILD
RECOMMENDATION: THAT Mr. WILD BE FOUND IN VIOLATION, STREET
ARTIST VIOLATION IV. SECTION 2 ( CATEGORY
OF CRAFT NOT CERTIFIED, AND ITEMS DISPLAYED
ARE DETERMINED TO BE NOT OF THE ARTIST'S
OWN CREATION) AND THAT HIS CERTIFICATE BE
SUSPENDED FOR THREE MONTHS.
B. MARILYN FONG
RECOMMENDATION: THAT Ms. FONG BE FOUND IN VIOLATION, STREET
ARTIST VIOLATIONS II, AND IV SECTION 2
BUT THAT THE PENALTIES BE SUSPENDED. Ms. FONG
WAS WARNED THAT ANY FUTURE VIOLATIONS OF THIS
TYPE WILL WARRENT A ONE YEAR SUSPENSION.
C. ANYA SAGARA
RECOMMENDATION: THAT Ms. SAGARA BE FOUND IN VIOLATION, STREET
ARTIST VIOLATION OF I, II, IV SECTION 2 AND
THAT THE PENALTIES BE SUSPENDED.
CONT
RECOMMENDATIONS FROM STREET ARTISTS PROGRAM COMMITTEE
PAGE 2
C. ANYA SAGARA Ms.SAGARA WAS WARNED THAT ANY FUTURE
VIOLATIONS OF THIS TYPE WILL WARRENT
A ONE YEAR SUSPENSION.
D. RICHARD WASSERMAN
RECOMMENDATION: THAT MR. WASSERMAN BE FOUND IN VIOLATION , STREET
ARTIST VIOLATIONS I, II, IV SECTION 2 AND THAT
HIS CERTIFICATE BE SUSPENDED FOR THREE MONTHS,
ONE WEEK, AND THREE DAYS.
City and County of San Francisco
Art Commission
Dianne Feinstein
MAYOR
Joan i
DIRECTOR
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Robert LaRocca
Richard Mayer
Jacqueline Nemerovski
William Paterson jj REQUEST FOR APPEAL
Piero Patri
Peter Rodriguez
Roy Taliaferro
STREET ARTISTS PROGRAM COMMITTEE
Wednesday, January 26, 1983
2:00 p.m.
Public Library, Commission Room (3rd floor)
Larkin & McAllister Streets, San Francisco
■55. A G E N D A
REQUEST BY l'ORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Nancy Scott - Certificate expired 12/21/82; telephoned office
1/5/83 to request hearing.
B. Kwok Lan Lam - Certificate expired 12/4/82; submitted letter
1/3/83 requesting hearing.
Ex Officio Members:
A. James Bazil - request for appeal re: notice of alleged violation
(Street Artist Violation I, Failure to Display Certificate
Prominently) issued by Inspector on November 5» 1982.
Presidents of the III CRAFT VIOLATION REVIEWS (FINDINGS BY ADVISORY COMMITTEE)
pine Arts Museums
Certificate-Holder
Library Commission
Planning Commission
Recreation and Park
Commission
A. David Braun
B. John Dobson
C. Robert Wild
D. Beverly Nicole
E. Marilyn Fong
F. Susan Sherriff
G. Richard Wasserman
H. Richard Webster
I. Anya Sagara
Alleged Violations
II; III; IV Section 2
II (beadcraft/pendant criteria)
IV Section 2
II (beadcraft/pendant criteria)
II (beadcraft/pendant criteria)
IV Section 2
I; II; IV Section 2
I; IV Section 2
I; II; IV Section 2
IV HEARING ON CRITERIA FOR ENGRAVING (PROPOSAL FROM ADVISORY COMMITTEE)
V NEW BUSINESS DOCUMENTS DEPi .
JAN 1 7 1983
(415) 558-3463
693 MISSION STREET, 8TH FLOOR
SmiW t-KMNCISCO
pi , ( - • iooapv
SAN FRANCISCO, 94105
City and County off San Francisco
Dianne Feinstein
MAYOR
STREET ARTISTS PROGRAM COMMITTEE
Art Commission
&NTS DEP'i .Joan Ellison
DIRECTOR
FEB 1 d 1983
Commissioners
Roselyne C. Swig
President
I
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Robert LaRocca
Richard Mayer
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the II
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
Tuesday, February 22, 1983
2:30 p.m.
Main Library - Lurie Room (ground floor)
Larkin & McAllister Streets, San Francisco
G E N D A
•i FRANCISCO
**
REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Frank Ming Iu - Certificate #2683 expired 12/15/82; sent
renewal payment 1/4/83; appeared late at 1/26 SAPC meeting;
rescheduled for February meeting.
B. Ed Whitmore - Certificate # 99^+ expired 6/29/80; letter-request
for priority received by office 1/17/83.
C. Charles Harris - Certificate #2^10 expired 1/18/83; letter-
request for priority received by office 2/3/83.
D. Tricia Huisman - Certificate #2407 expired 1/9/83; sent renewal
payment postmarked 1/25/83; letter-request for priority
received by office 2/9/83.
HEARINGS ON ALLEGED VIOLATIONS (rescheduled from 1/26 SAPC Meeting)
Certificate-Holder
A. James Bazil
B. David Braun
C. John Dobson
D. Beverly Nicole
E. Robert Wild
Alleged Violation(s)
S.A.V. I
S.A.V. II; III; IV Section 2
S.A.V. II
S.A.V. II; Advisory Committee
Finding: S.A.V. IV Section 2
S.A.V. IV Section 2; Advisory Com-
mittee Finding: S.A.V. IV Sec. 2
III REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Nancy Dong requests to take place of Clark Dong, on waiting
list of applicants; Mr. Dong had applied 1/17/81 and is
eligible for certification next month.
IV
NEW BUSINESS
* * *
45 Hyde Street, Room 319
San Francisco, California 9^102
(415) 558-3463
City and County off San Francisco
Art Commission
Dianne Feinstein
fKlO .IS MAYOR
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Robert LaRocca
Richard Mayer
Jacqueline Nemerovski
William Paterson
Piero Patri
Pelur Rodriguez
R<iv Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
STREET ARTISTS PROGRAM COMMITTEE
February 22, 1983
Public Library, Lurie Room
Larkin and McAllister Streets
San Francisco
^MINUTES
Joan Ellison
DIRECTOR
DOCUMENTS dept
MAR 3 1983
SAN FRANCISCO
Present: Commissioners Taliaferro, Hanson, Goerner
Chairman Taliaferro called the meeting to order at 2:37 p.m.
Before proceeding with the items on the agenda, the Chairman read
the entire text of the February 1, 1983 letter by Deputy City At-
torney Boyajian. This was in response to questions submitted to
the City Attorney by Program Director Lazar in August, 1982, re-
garding the Art Commission's jurisdiction in suspension and revoca-
tion of street artist certificates. Chairman Taliaferro stated that
the letter's significance is that it clarifies the Art Commission's
powers granted to it not only by the street artist ordinance but
also by the Municipal Code. The Art Commission (it is now clarified)
has the authority to suspend or revoke a street artist certificate
for the following reasons:
1) Displaying items in locations not designated for street
artists but adjacent to street artist locations;
2) Obstructing the duty of the Art Inspector or any staff
member of the Art Commission;
3) Assaulting (a) the Art Inspector or any staff person of
the Art Commission, (b) another street artist, (c) a
customer or any person at the artist's sales location;
k) Violating the street artist regulations enumerated in
the Police Code;
5) Conducting business in a disorderly, improper or hazardous
manner.
In addition, the letter clarifies that the Art Commission "may
... exercise its sound discretion as to whether said permit should
be granted, transferred, denied or revoked." It also clarifies
that the Commission has "express power to revoke for good cause
under the street artist regulations and pursuant to its broad
discretionary powers under Section 26 of Part III," Municipal Code.
I REQUESTS BY FORMER CERTIFICATE- HOLDERS FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
(415) 558-3463
A. Frank Ming Iu - Mr. Iu did not appear. No action was taken.
Continued
45 HYDE STREET, ROOM 319 SAN FRANCISCO 9^102
STREET ARTISTS PROGRAM COMMITTEE - 2/22/83 Page 2
B. Ed Whitmore - Certificate #99^ expired June 29, 1980; his letter-
request for priority was received by the Program January 17, 1983.
Mr. Whitmore submitted documents from his medical doctor and his
psychiatrist. He told the Committee that he had had surgeries and
breakdowns in 1977 but had continued to pay for his permit until
June, 1980. He said he felt able to participate in the Program.
Commissioner Goerner moved that Mr. Whitmore 's request for priority
be recommended for approval. The motion was seconded by Commissioner
Hanson and unanimously approved.
C. Charles Harris - Mr. Harris did not appear. No action was taken.
D. Tricia Huisman - Certificate #2*f07 expired January 9, 1983; Mrs. Huis-
man's renewal payment was in an envelope postmarked January 25, 1983;
her letter-request for priority was received by the Program on February
9, 1983. Mrs. Huisman told the Committee that she had been suffering
from arthritis, had asked her husband to mail the renewal payment, and
he had delayed.
Commissioner Goerner moved that Mrs. Huisman' s request for priority
be recommended for approval. The motion was seconded by Commissioner
Hanson and unanimously approved.
Commissioner Goerner questioned Mrs. Huisman about her feelings
toward the Art Inspector as expressed in her recent letters to the
Mayor, Supervisor Nelder, and Commissioner Taliaferro - specifically,
her statement that there was no need for an Art Inspector. Mrs. Huis-
man replied that it was useless to have an Inspector who was not doing
the job properly. The Commissioner questioned her about a report that
she had had difficulties with the previous Inspector. Mrs. Huisman
replied that she and the previous Inspector had "had some psychological
differences."
II HEARINGS ON ALLEGED VIOLATIONS (rescheduled from I/26/83 Program Committee
Meeting)
A. James Bazil - Program Director Lazar explained to the Committee that
Mr. Bazil had been cited on November 5i 1982, for Street Artist Viola-
tion I (FAILURE TO DISPLAY CERTIFICATE PROMINENTLY), and that this was
in addition to the citation given on the same date for a violation
relative to the display of his work. The latter violation had been
acted upon by the Art Commission whose decision had been appealed to
the Board of Permit Appeals and upheld by the Board. Mr. Bazil 's
certificate was presently under a three-month suspension.
Art Inspector Hamilton testified that she had had to ask Mr.
Bazil for his certificate, and that he had taken it from his wallet
to show her.
Mr. Bazil stated that his display had not been fully set up. He
Continued
STREET ARTISTS PROGRAM COMMITTEE - 2/22/83 Page 3
submitted letters in his favor from street artists Tricia Huisman,
Wayne Szwed, and Guy Holman.
Ms. Hamilton stated that she felt he had been fully set up, and that
this had been deemed to be the case by the Art Commission in its previous
hearing with him.
Mr. Bazil requested the Committee to find that a mistake had been
made on November 5th, and that he sould be allowed to sell.
Chairman Taliaferro moved to uphold the Art Inspector and that it
be recommended that Mr. Bazil be found in violation, Street Artist Viola-
tion I, and that his certificate be suspended for three days, in accord
with the Violatior Code. The motion was seconded by Commissioner Goerner
and unanimously approved.
B. David Braun - Mr. Braun did not appear. Program Director Lazar reviewed
the events of the case: Mr. Braun *s citation on July 31 » 1982, for
allegedly selling items not in accord with criteria (S.A.V. II), items
whose craft category was certified but were not of his own creation
(S.A.V. Ill), and items whose craft category was not certified and were
not of his own creation (S.A.V. IV, Section 2); the question raised earlier and at
the last Program Committee hearing of the Art Commission's jurisdiction
over an artist selling in a non-street artist location; the six-month
delay in City Attorney response to the question; and the Advisory Committee's
finding that Mr. Braun had been in violation, S.A.V. IV Section 2, at the
time of citation.
The Committee examined the photo taken at the time of citation.
Chairman Taliaferro stated that, according to the recent City Attorney
clarification, it appeared that Mr. Braun' s case was within the Art Com-
mission's jurisdiction.
Chairman Taliaferro moved to uphold the Art Inspector and finding
of the Advisory Committee and that it be recommended that Mr. Braun be
found in violation, Street Artist Violation IV, Section 2, that the
penalty be suspended, and that any future violation of this type will
warrant a one-year suspension of certificate. The motion was seconded
by Commissioner Hanson and unanimously approved.
C. John Dobson - Mr. Dobson did not appear. (This was the third time he had
failed to appear.) Program Director Lazar reviewed the events of the
case: Mr. Dobson 's citation on July 31 »' 1982 for allegedly selling items
not in accord with criteria (S.A.V. II); the question concerning the Art
Commission's jurisdiction over a street artist in a non-street artist
location; and the six-month delay in receiving the City Attorney's clar-
ification.
The Committee examined the photo taken at the time of citation.
Chairman Taliaferro moved that it be recommended that Mr. Dobson be
found in violation, Street Artist Violation IV, Section 2, that the
Continued
STREET ARTISTS PROGRAM COMMITTEE - 2/22/83 Page k
penalty be suspended, and that any future violation of this type
will warrant a one-year suspension of certificate. The motion was
seconded by Commissioner Hanson.
Chairman Taliaferro withdrew his motion. Commissioner Hanson
withdrew her second to the motion and moved that it be recommended
that Mr. Dobson be found in violation, Street Artist Violation VIIB
(FAILURE TO APPEAR AT HEARING WITH ADVISORY COMMITTEE OR STREET
ARTISTS PROGRAM COMMITTEE, WHEN NOTIFIED, 2ND VIOLATION), and that
Mr. Dobson* s certificate be suspended, in accord with the Violation
Code, until his entire revocation procedure is completed. The motion
was seconded by Commissioner Goerner and unanimously approved.
D. Beverly Nicole - Mr. Lazar reviewed the events: Ms. Nicole's November
20, 1982 citation for allegedly displaying items not in accord with
criteria (S.A.V. II); the Advisory Committee's finding of S.A.V. IV,
Section 2, for displaying haircombs that were not of the artist's
own creation, and the Advisory Committee's inability to determine
whether or not the earrings in the citation photo were in violation.
The Advisory Committee had advised Ms. Nicole to show the earrings
to the Program Committee.
Ms. Nicole told the Commissioners that she was certified for
feathercraft. Chairman Taliaferro asked her if she had made the
haircombs. She replied that she had not. Chairman Taliaferro
stated that the rule that an artist makes what the artist sells
has been the basic tenet of the Street Artists Program since its
inception over ten years ago.
Commissioner Goerner moved to uphold the Advisory Committee's
finding and that it be recommended that Ms. Nicole be found in viola-
tion, Street Artist Violation IV, Section 2, that the penalty be
suspended, and that any future violation of this type will warrant a
one-year suspension of certificate. The motion was seconded by Com-
missioner Hanson and unanimously approved.
E. Robert Wild - Mr. Wild was cited on November 15, 1982 for S.A.V. IV,
Section 2. The Advisory Committee's finding was that Mr. Wild had
been in violation, S.A.V. IV, Section 2. This finding was acted
upon by the Program Committee at its previous meeting (January 26)
at which time Mr. Wild had failed to appear. The Program Committee
had recommended that the Advisory Committee's finding be accepted
and that Mr. Wild's certificate be suspended, in accord with the Code,
for three months. On the day of the Art Commission's consideration
of the recommendation, Mr. Wild came to the Program office to request
that his case be referred back to Committee because he had not re-
ceived, or read, the notice mailed to him of the previous Program
Committee hearing. The Art Commission granted his request.
Mr. Wild told the Commissioners that he did not disagree with
Continued.
STREET ARTISTS PROGRAM COMMITTEE - 2/22/83 Page 5
the Advisory Committee's finding.
Commissioner Hanson moved to uphold the finding of the Advisory
Committee and that it be recommended that Mr. Wild be found in viola-
tion, Street Artist Violation IV, Section 2, that the penalty be sus-
pended, and that any future violation of this type will warrant a
one-year suspension of certificate. The motion was seconded by Com-
missioner Taliaferro and unanimously approved.
III REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Nancy Dong - Mr. Shu-tang Dong, a certified street artist, appeared
with his daughter Nancy and his son Clark to request that his daughter
take his son's place on the waiting list of applicants. (Clark Dong
had applied January 17 * 198l, and was presently eligible for exam-
ination of his wares.)
Commissioner Goerner stated that to grant such a request would
be unfair to the approximately *KX) applicants on the waiting list,
many of whom have waited as long as Mr. Dong's son. Commissioner
Goerner moved that Mr. Dong's request for his daughter to take his
con's place on the waiting list be recommended for disapproval. The
motion was seconded by Commissioner Hanson and unanimously approved.
IV NEW BUSINESS
A. Request by Former Certificate-holder Cornelia LeMire for Priority in
Issuance of Certificate - Mr. Lazar explained that Ms. LeMire had
notified the Program office of the expiration of her certificate
after the agenda had gone out .
Ms. LeMire showed the Committee the envelope containing her
renewal payment, erroneously addressed to "STREET ARTIST OFFICE,
MISSION STREET & 3RD STREET, S F, CA" which had returned to her.
Consequently, she had missed her deadline for renewal.
Commissioner Hanson moved that Ms. LeMire 's request for priority
be recommended for approval. The motion was seconded by Commissioner
Goerner and unanimously approved.
B. Request by Richard Wasserman for Rescission of Art Commission Resolu-
tion Regarding Suspension of his Certificate and Referral Back to
Committee - Mr. Lazar reported to the Committee that on February l^f,
1983, Mr. Wasserman had called the office and stated that he had never
received the letters mailed to him informing him of the Program Com-
mittee's recommendation to suspend his certificate and the Art Com-
mission's February 7th resolution approving the recommendation. Mr.
Lazar showed the Committee the two letters which had been returned.
They had been sent to an address different from Mr. Wasserman' s
Continued
STREET ARTISTS PROGRAM COMMITTEE - 2/22/83 Page 6
present address. Mr. Wasserman had asked that he be heard by the
Committee.
Commissioner Goerner moved that it be recommended that Resolution
# 198>J>-kkk regarding Richard Wasserman only be rescinded, and that Mr.
Wasserman be notified to appear before the Street Artists Program Com-
mittee in March. The motion was seconded by Commissioner Hanson and
unanimously approved.
Commissioner Goerner asked about the status of (a) the issue of
criteria for engraving and (b) the issue of certifying recorded tapes
of an applicant's music. Mr. Lazar responded that the Advisory Com-
mittee would be holding a hearing on engraving in March, and that the
Program has not yet received a City Attorney response to his letter
of January 5> 1983 » regarding certification of recorded music.
The meeting adjourned at 4:07 p.m.
Respectfully submitted:
OWk
Howard Lazar
City and County of San Francisco
Art Commission
a- w W w< • V I ti k
NTS DEP T
Dianne Feinstein
MAYOR
STREET ARTISTS PROGRAM COMMITTEE
MAR 1 6 1983
SAN FRANCISCO
■ mpARV
Joan Ellison
DIRECTOR
Commissioners
Roselyne C. Swiy
President I
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Robert LaRocca
Richard Mayer II
-Jjci|ueline Nemerovski
William Paterson
Pi««ro Patri
IVlcr Ro(ln<)iKV
K.iy T.ili.id'rro
Hx Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
Tuesday, March 22, 1983 - 2:00 p.m.
Commissioners Room (3rd floor) , Public Library
Larkin and McAllister Streets, San Francisco
AGENDA
REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Charles Harris (rescheduled from 2/22) - Certificate #2410
expired 1/18/83; his letter-request received by office 2/3/83.
B. Cynthia Anderson - Certificate #2652 expired 2/5/83; her letter-
request received by office 3/4/83.
HEARINGS ON ALLEGED VIOLATIONS
Cert i f icat e-Holder
A. Susan Sherriff
B. Richard Wasserman
C. Richard Webster
D. Dolores Kalom
E. Mitchell Paradise
F. Matilde Cheng
G. Winnie Man
H. Joung Sun Park
I. Dennis Klein
J. Lisa Berkelhammer
I. Latifa Rainbow
Alleged Violation(s)
S.A.V. IV, Section 2
3 . II; IV, Section ?.
Xy IV, Section 2
II; assault and obstruction
of duty of Inspector
II; assault and obstruction
of duty of Inspector
II
X,II; III
II
II; IV, Section 2
II
II, B
III ADVISORY COMMITTEE: RECOMMENDATION OF CRITERIA FOR ENGRAVING
IV REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Steven Phillips - applied 10/7/80; was notified for screening
4/20/82 but did not appear; his request received 2/14/83.
B. Zulima Gonzalez - requests that her partner Armand Frederick
be certified; his name had not been listed on Ms. Gonzalez's
application when filed.
C. Bill Petitte - applied 2/6/81, was notified 5/82.
V REQUEST BV CEWTIFICATE-HOLDER JAMES BAZIL FOR RE-HEARING OF
NOVEMBER 5, 1982 PROGRAM COMMITTEE RECOMMENDATION
VI NEW BUSINESS
(416) 558-3463
45 HYDE STREET, ROOM 319
SAN FRANCISCO 94102
am
City and County of San Francisco
Art Commission
Dianne Feinstein
MAYOR
Joan Ellison
DIRECTOR
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Robert LaRocca
Richard Mayer
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriyuex
Ray Taliaferro
Fx Officio Members:
Presidents o( the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
STREET ARTISTS PROGRAM COMMITTEE
March 22, 1983
Public Library - Commission Room
Larkin and McAllister Streets
San Francisco, California
^MINUTES
The meeting convened at 2:09 p.m.
Present: Commissioners Taliaferro, Hanson, Goerner
DOCUMENTS DEPT
APR 4 1983
SAN FRANCiSCO
pi I, t i~ • ppoAoy
Commissioner Goerner moved that the Minutes of the February 22, 1983
meeting be approved; the motion was seconded by Commissioner Hanson
and unanimously approved.
I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Charles Harris (rescheduled from February 22; Certificate #2^10
had expired January l8, 1983; his letter-request had been re-
ceived by the Program office on February 3, 1983) Mr. Harris
told the Committee that he had had upper respiratory problems
when it had been time for him to renew.
Commissioner Goerner moved that Mr. Harris 1 request be approved;
the motion was seconded by Commissioner Hanson, and unanimously
approved.
B. Cynthia Anderson (Certificate #2652 had expired February 5>
1983; her letter-request had been received by the office on
March 4th) Ms. Anderson told the Committee that she had for-
gotten to renew the certificate during the final week of its
renewal period.
Commissioner Hanson moved that Ms. Anderson's request be approved;
the motion was seconded by Commissioner Goerner and unanimously
approved.
C. Nicole Steneck (Certificate #2590 had expired February 3, 1983;
her letter-request had been received March 10) Ms. Steneck
told the Committee that she had been out of town during her
time of renewal, and that she had had her certificate for two
years.
Commissioner Goerner moved that Ms. Steneck 1 s request be ap-
proved; the motion was seconded by Commissioner Hanson and
unanimously approved.
Continued,
(415) 558-3463
STREET ARTISTS PROGRAM COMMITTEE Page 2
Minutes 3/22/83
II HEARINGS ON ALLEGED VIOLATIONS
A. Susan Sherriff (Ms. Sherriff had been cited on December 6, 1982 for
Street Artist Violation IV, Section 2: "Category of Craft Not Certi-
fied, and Items Displayed Are Determined to Be Not of Artist's Own
Creation." On January 26, 1983, the Program Committee had referred
the case to the Advisory Committee to review her items. On February
22, 1983, the Advisory Committee reviewed her items - "decorated hats
with feathers, flowers, sewing" - and unanimously disapproved the items.)
Ms. Sherriff was not present when the Committee called her name. Com-
missioner Taliaferro moved that she be found in violation, Street Artist
Violation IV, Section 2, and that her certificate be suspended for
three months; the motion was seconded by Commissioner Goerner and
unanimously approved. Later on in the meeting, Ms. Sherriff appeared,
and the Committee re-opened her hearing.
Ms. Sherriff told the Committee that she had been cited for Section 1
and not Section 2, and that she was now being charged with Section 2.
Program Director Lazar explained that the office copy of her citation
showed both "Section 1" and "Section 2" encircled, and that because
the Art Commission had rescinded Section 1, the letter sent to Ms.
Sherriff specified Section 2.
Commissioner Hanson moved that the case be postponed until after the
receipt of City Attorney clarification on whether it is within the
authority of the Commission to find an artist in violation in accord
with a violation number different from that for which the artist was
given notice; the motion was seconded by Commissioner Goerner and
unanimously approved.
Commissioner Goerner considered that it would not be fair to ask Ms.
Sherriff to return, and moved that the charges be dismissed. The
motion was seconded by Commissioner Hanson and unanimously approved.*
B. Richard Wasserman (Mr. Wasserman had been cited on December 6, 1982, for
Street Artist Violation I: "Failure to Display Certificate Prominently";
Street Artist Violation II: "Category of Craft Certified, But One or
More Items Displayed Do Not Meet Art Commission Criteria"; and Street
Artist Violation IV, Section 2.) Mr. Wasserman told the Committee
that he had not properly displayed his certificate. He also stated
that he was certified to sell macrame, and that because the criteria
for macrame does not include pendants, he felt he had not been in
violation in displaying the pendants.
Commissioner Taliaferro moved that Mr. Wasserman be found in violation,
Street Artist Violation I, that his certificate be suspended for three
days, and that the charges of Street Artist Violations II and IV, Sec-
tion 2 be dismissed; the motion was seconded by Commissioner Goerner
and unanimously approved.
* Art Commission Resolution #1982-95 authorizes the Program Committee
to dismiss charges of cases, provided that any aggrieved person may
appeal such Committee decisions to the Art Commission.
STREET ARTISTS PROGRAM COMMITTEE Page 3
Minutes 3/22/83
C. Richard Webster (Mr. Webster had been cited on December 7» 1982,
for Street Artist Violation I and Street Artist Violation IV, Section 2.)
Mr. Webster told the Committee that, with respect to S.A.V. I, it had
been "negligence" on his part. He said that he had been having per-
sonal problems and would appreciate a second chance.
Commissioner Taliaferro moved that Mr. Webster be found in violation,
Street Artist Violation I, that his certificate be suspended for
three days, and that he be found in violation, Street Artist Violation
IV, Section 2, but that the penalty be suspended; the motion was seconded
by Commissioner Hanson and unanimously approved.
D. Dolores Kalom (Ms. Kalom was being charged for Street Artist Violation
II and for allegedly assaulting and obstructing the duty of the Art
Inspector on August 1, 1982.) Ms. Kalom was not present. Chairman
Taliaferro stated that the Program had been advised by the City At-
torney's office to put over Ms. Kalom 1 s hearing until after the con-
clusion of her criminal trial. Program Director Lazar requested the
Committee's authorization to respond to Ms. Kalom' s attorney accordingly,
but that to clarify that her hearing would be postponed on the condition
that (as advised by the City Attorney) the criminal trial is concluded
in the near future. Commissioner Goerner moved that the Program Director
send such a letter; the motion was seconded by Commissioner Hanson and
unanimously approved.
E. Mitchell Paradise (Mr. Paradise was being charged for Street Artist
Violation II and for allegedly assaulting and obstructing the duty of
the Art Inspector on August 22, 1982.) Mr. Paradise was not present.
(Copies of his March 9, 1983 letter stating that he would not be able
to attend had been sent to the Commissioners.) Commissioner Goerner
moved that Mr. Paradise's hearing be put over for thrity days; the
motion was seconded by Commissioner Hanson and unanimously approved.
Commissioner Goerner asked Mr. Lazar to notify Mr. Paradise of the
Committee's action.
F. Matilde Cheng (Ms. Cheng had been cited on December 10, 1982, for
Street Artist Violation I and Street Artist Violation II. She had
accepted the standard penalty for S.A.V. I and had received a sus-
pension from January 12 - 1^, 1983.) Ms. Cheng appeared with a
translator who told the Committee that Ms. Cheng's items had been
"leftovers" and that she was no longer displaying them.
Commissioner Taliaferro moved that Ms. Cheng be found in violation,
Street Artist Violation II, but that the penalty be suspended; the
motion was seconded by Commissioner Hanson and unanimously approved.
G. Winnie Man (Ms. Man had been cited on December 10, 1982, for Street
Artist Violations I, II, and III.) Ms. Man did not appear. (The office
had received her letter on March 15th, which stated that she would not
Continued
STREET ARTISTS PROGRAM COMMITTEE Page k
Minutes 3/22/83
be able to attend her Advisory Committee hearing on that date, due
to leg injury from an automobile accident.) Commissioner Taliaferro
moved that Ms. Man's hearing be put over for thirty days; the motion
was seconded by Commissioner Hanson and unanimously approved.
H. Joung Sun Park (Ms. Park had been cited on December 10, 1982, for
Street Artist Violations I and II. She had accepted the standard
penalty for S.A.V. I and had received a suspension from January 12 -
l*f, 1983.) Ms. Park appeared with a translator who told the Committee
that Ms. Park had been trying to sell off her pendants from the pre-
vious year's stock and that she would not sell them anymore.
Commissioner Goerner moved that Ms. Park be found in violation, Street
Artist Violation II, but that the penalty be suspended. The motion
was seconded by Commissioner Hanson and unanimously approved.
I. Dennis Klein (Mr. Klein had been -cited on December 10, 1982, for
Street Artist Violation I and II. His certificate had been suspended
for S.A.V. I from January 12 - 1*+, 1983.) Mr. Klein was not present.
Commissioner Goerner moved that Mr. Klein's hearing be put over for
thrity days; the motion was seconded by Commissioner Hanson and unan-
imously approved.
J. Lisa Berkelhammer (had been cited on December 10, 1982, for Street
Artist Violations I and II.) Ms. Berkelhammer told the Committee
that she had prominently displayed her certificate and that the
notice given her by the Inspector did not specify S.A.V. I.
Art Inspector Hamilton told the Committee that she had asked her for
her certificate and that Ms. Berkelhammer had produced it from a
wallet.
Commissioner Goerner moved that the charge of S.A.V. I for Ms. Berkel-
hammer be dismissed.; the motion was seconded by Commissioner Hanson
and unanimously approved.
Ms. Berkelhammer told the Committee that she understood her items
had been in violation.
Commissioner Hanson moved that Ms. Berkelhammer be found in violation,
Street Artist Violation II, but that the penalty be suspended; the
motion was seconded by Commissioner Goerner and unanimously approved.
K. Latifa Rainbow (Ms. Rainbow had been cited on December 10, 1982, for
Street Artist Violations I and II-B. Her certificate had been sus-
pended for S.A.V. I from January 12 - 1*+, 1983.) Ms. Rainbow was not
present. Program Director Lazar informed the Committee that she had
telephoned the office on March l?th to request that her hearing with
Continued.
STREET ARTISTS PROGRAM COMMITTEE Page 5
Minutes - 3/22/83
both the Advisory Committee and Program Committee be scheduled in
May, as she would be back in the country on May 7th. Commissioner
Coerner moved that Ms. Rainbow's hearing be put over to May; the
motion was seconded by Commissioner Hanson and unanimously approved.
III ADVISORY COMMITTEE: RECOMMENDATION OF CRITERIA FOR ENGRAVING
Mr. Lazar informed the Committee that the Advisory Committee had scheduled
another hearing on engraving criteria, for April.
IV REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Steven Phillips (Mr. Phillips had applied October 7, 1980, had been
notified for screening April 20, 1982, but had not appeared; his
request for priority had been received February 14, 1983.) Mr. Phil-
lips told the Committee that, while he had been away, a person staying
in his house had not forwarded the mail to him.
Commissioner Goerner moved that Mr. Phillips* request be approved; the
motion was seconded by Commissioner Hanson and unanimously approved.
B. Armand Frederick Mr. Frederick appeared with certificate-holder
Zulima Gonzalez who told the Committee that at the time she had ap-
plied, she had put her company's name and her own name on the applica-
tion and had not known that she should have placed her partner's name,
Armand Frederick, on it as well in order for him to be certified at
the same time. They showed the Committee their present State Seller's
Permit and a copy of their Seller's Permit at the time of her applica-
tion with the Art Commission: the Permits listed both names.
Commissioner Hanson moved that Mr. Frederick's request be approved;
the motion was seconded be Commissioner Goerner and unanimously
approved.
C. Bill Petitte (Mr. Petitte had applied February 6, 198l, and had been
notified in May, 1982.) Mr. Petitte told the Committee that he had
moved and his mail had not been forwarded to his new address.
Commissioner Hanson moved that Mr. Petitte's request be approved; the
motion was seconded by Commissioner Goerner and unanimously approved.
V REQUEST BY CERTIFICATE-HOLDER JAMES BAZIL FOR RE-HEARING OF NOVEMBER 5,
1982 PROGRAM COMMITTEE RECOMMENDATION
Mr. Bazil did not appear. Commissioner Taliaferro moved that Mr. Bazil's
request be disapproved; the motion was seconded by Commissioner Goerner
and unanimously approved.
Continued
STREET ARTISTS PROGRAM COMMITTEE Page 6
Minutes - 3/22/83
VI NEW BUSINESS
"Allowable Time Period" Provision
Mr. Lazar informed the Committee of a recent conversation with Deputy-
City Attorney Boyajian, regarding the Street Artist Violation Code's
provision of "allowable time periods for repeat violations." According
to the Deputy City Attorney, the provision appears vague in determining
a time period: possible interpretations might be (a) from the date of
the previous violation; (b) from the date of the previous Art Commission
resolution; (o>) the date of the previous Board of Permit Appeals deci-
sion; or (d) the date of the previous suspension period. Presently, the
certificate of Penny Valle is under a one-year suspension (December 20,
1982 - December 19, 1983). Ms. Valle 's violation had been considered a
repeat violation within a two-year allowable time period from the date
of her previous suspension period. Because of the "time period" pro-
vision's vagueness, Mr. Lazar requested that the Committee recommend
that the Commission rescond its resolution #1982-398 as it pertains to
"second violation" only and that it find Ms. Valle in first violation
which warrants a three-month suspension.
Commissioner Hanson moved that Art Commission resolution #1982-398 as it
pertains to "second violation" only be rescinded and that Ms. Valle be
found in first violation; the motion was seconded by Commissioner
Goerner and unanimously approved.
Waiver of Charge for Returned Check Without Payment
Mr. Lazar informed the Committee of his receipt of written clarification
by Chief Assistant Treasurer Gin L. So on the collection of charges for
returned checks. Since 1979, the Program has collected a $10 Treasurer's
fee for all returned checks without payment (for certification fees); this
has been in accord with San Francisco Administrative Code Section 10.13-1.
Recently, a street artist contested paying the Treasurer's fee; her bank
supported her contention that her checkbook had been stolen and a forger
had depleted her funds. This had prompted Mr. Lazar to seek clarifica-
tion from the Treasurer. Mr. So's memo-response states: "Each department
shall have the discretion to waive this penalty if it can be proven that
it was caused by extenuating circumstances beyond their control, such
as bank errors." Mr. Lazar told the Committee he would not use such
discretion without authorization by the Art Commission for every case.
Commissioner Hanson moved that the collection of the charge for personal
check returned without payment, written by Leslie Ovechka, be waived;
the motion was seconded by Commissioner Goerner and unanimously approved.
Moratorium on Certification for Engraving
Art Inspector Hamilton reported that the Advisory Committee had requested
a moratorium on the certification of engraving, pending the Art Commis-
sion's decision on new criteria for engraving.
Continued
STREET ARTISTS PROGRAM COMMITTEE Page 7
Minutes - 3/22/83
Commissioner Goerner moved that a one-month moratorium be imposed
on certification of engraving; the motion was seconded by Commissioner
Hanson and unanimously approved.
Uranium in Cloisonne Jewelry
Commissioner Goerner expressed concern over a recent report on uranium
content in the glaze painted on cloisonne jewelry. Art Inspector Hamilton
told the Committee she had received a press release from the Nuclear
Regulatory Commission which states that "the staff has concluded that
normal use of Lhc jewelry does not constitute an immediate or significant
health hazard. ... M Commissioner Goerner asked Mr. Lazar to call Dr.
Silverman of the Department of Public Health and find out his position
on this.
The meeting adjourned at 3*25 p.m.
Respectfully submitted:
Howard Lazar
City and County of San Francisco
Art Commission
Dianne Feinstein
MAYOR
^ STREET ARTISTS PROGRAM COMMITTEE
Joan Ellison
DIRECTOR
Commissioners
Uoselyne C. Swiy
Preside n I
Dmilri Vedensky, Jr.
Vice President T
Vernon Alley
Timothy Duncan
Fredrick Goerner
Robert LaKocca
Jo Hanson
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Kay Taliaferro
Fx Officio Members:
Presidents of tlie
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park II
Commission
Tuesday; April 26, 1983 - 2:00 p. my N TS D E Pf
APR 2 5 1983
Public Library, Main Branch
Commission Room (3rd floor)
Larkin and McAllister Streets
San Francisco
SAN FRANCISCO
' O A D V
AGENDA
REQUESTS BY FORMER CERTIFICATE -HOLDERS FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Frank Ming Iu (rescheduled from 2/22) - Certificate #2683 expired
12/15/82 ; sent renewal payment 1/4/83.
B. David Moses - Certificate #2655 expired 2/9/83; request for pri-
ority received by office 3/21/83.
C. Joseph Beckman - Certificate #2378 expired 3/16/83; request for
priority received by office 4/1/83.
D. Abraham Petrow - Certificate #2672 expired 3/8/83; request for
priority received by office 4/1/83.
E. Richard Ashton - Certificate #442 expired 3/16/83; request for
priority received by office 4/6/83.
HEARINGS ON ALLEGED VIOLATIONS
A. Mitchell Paradise
B. Winnie Man
C. Dennis Klein
D. John Osterhaug
E. Sheryl Breaux
F. Ronald Breaux
G. Gerald Luckham
H. Roger Dandridge and
Cheryl Maxa
Alleged Violation(s)
S.A.V. II; assault and obstruction of
duty of Art Inspector
S.A.V. I; II; III
S.A.V. II; IV Section 2
S.A.V. II
S.A.V. II; III; IV Section 2; obstruction
of duty of Art Inspector
Obstruction of duty of Art Inspector
S.A.V. II; IV Section 2
S.A.V. I; II; IV Section 2
ti it n 11 it
III CRITERIA FOR ENGRAVING (RECOMMENDATION FROM ADVISORY COMMITTEE
OF STREET ARTISTS AND CRAFTSMEN EXAMINERS)
(agenda continued on reverse)
45 Hyde Street - Suite 319 - San Francisco, California 94102
(415) 558-3463
STREET ARTISTS PROGRAM COMMITTEE - V26/85 AGENDA (continued)
IV APPEAL BY SUSAN SHERRIFF OF ADVISORY COMMITTEE'S 2/22/83 DISAPPROVAL
OF MS. SHERRIFF'S ITEMS
V BALLOT MEASURE TO AMEND SECTION 6 OF PROPOSITION "L" (1975 ELECTION)
BY PROVIDING THE STREET ARTIST WITH OPTION TO PURCHASE QUARTERLY
OR YEARLY CERTIFICATE; AND BY PROVIDING FOR BOARD OF SUPERVISORS
TO INCREASE FEE WHEN NECESSARY TO MAINTAIN ADMINISTRATION AND
AND ENFORCEMENT OF STREET ARTISTS PROGRAM
VI NEW BUSINESS
City and County of San Francisco
A70,7£
Art Commission
STREET ARTISTS PROGRAM COMMITTEE
Tuesday f April 26, 1983
Public Health Building, Room 300
101 Grove Street, San Francisco
^MINUTES
The meeting convened at 2:10 p.m.
Present: Commissioners Taliaferro, Goerner, Hanson.
President Swig.
DOCUMENTS DEPT.
MAY 4 1983
SAN FRANCISCO
PUBLIC I mn A py
Also present:
Due to an announcement that the Committee would hold a discussion on
terminating the Art Commission's responsibility for the Street Artists Pro-
gram, an audience of approximately 150 artists attended the meeting. The
item was taken under "New Business."
Chairman Taliaferro related the history of the Street Artists Program
since its establishment in 1972 as a program under which licenses would be
issued for street artist activities in certain public areas. He pointed
out that the Program has been self-sufficient from the permit (certification)
fees, that the fee has remained the same since 1972, and that the City has
never given the Art Commission funds to operate the Program. He questioned
whether any agency could operate effectively and competently with resources
as limited as the Street Artists Program's. He enumerated the major problems:
1) Advisory Committee Examinations of Street Wares - inability to ef-
fectively determine whether or not an applicant makes his items, due to lack
of resources to provide studio visits;
2) Lottery Practices - cheating, trading of lottery numbers, disputes
over the "squeezing" of setups illegally between spaces;
3) Violation Hearing Procedure - because an alleged violator's entire
hearing procedure (two Committees, Art Commission, and Board of Permit Ap-
peals) may encompass five or six months, ongoing violations by the same
individual take a long time to correct;
k) Criminal Incidents - Art Commissioners, not having been educated
in criminal prosecution, are now asked to handle assault and battery cases;
5) Lack of resources;
6) Lack of staff;
7) Lack of any real authority to limit the number of permits;
8) Lack of quality control over what is being sold on the streets.
The Chairman estimated what the Program would cost if it were to go
to the Police. Given, primarily, the additional staff needs of the Police,
Continued,
STREET ARTISTS PROGRAM COMMITTEE - V26/83 Page 2
the District Attorney, and the Public Defender, the cost of operating
just the enforcement aspect of the Program would be $2^0,000, as compared
with the present budget of $^8,000. If the Program were to remain under the
Art Commission, a budget increase would be needed for additional Advisory-
Committee examinations of wares, City Attorney fees, and an additional
Street Art Inspector (the Chairman mentioned that not even a part-time
Police officer would receive the 117,000 salary received by the Art Com-
mission's Inspector). Unless there were radical legislative changes, a
strong commitment on the part of the artists to comply with the regulations,
and more funds, the Chairman would recommend to the Board of Supervisors
that the Art Commission's responsibility for the Program be terminated.
Attorney Ephraim Margolin stated that because the Art Commission has
responsibility for the Program, it also has responsibility for an orderly
turnover. He said that the people he represented wanted the Commission to
continue doing the job, and that his clients would be willing to try to
work out solutions to several of the Chairman's grievances.
The Committee heard from the following street artists: Victor Pizarro;
Linda Stark (President of the Street Artists Association); Katrina Broomall,
who presented a petition of l*fO signatures obtained at the lottery, request-
ing the Commission to remain the administrative agency of the Program; David
Moses; Douglas Smith; Vicky Carp; James Millard; Wayne Konkright; Mark Kielty
(member of the Art Commission's 1980 "Blue Ribbon Committee" of artists and
merchants studying the Program); Mitchell Paradise. The following points
were made: The certificate fee is "absurdly low" and it would be "reasonable"
to double or triple it. ... More street inspection is needed on a consistent
basis. ... The lottery system needs improvement. ... Some "judging" of the
wares should be done. ... There should be a stronger Advisory Committee to
"disallow bad work." ... The "adversary position" of the artists and Art
Commission has deteriorated the quality of the Program and has pulled both
parties apart. ... Every street artist should sign a statement that he/she
understands the rules. ... The Lottery Committee has begun to consider
revising its rules and offers to help the Commission to change them. ...
Artists convicted of street artist violations should pay a fine. ... Artists
should pay for their studio inspection. ...
Commissioner Goerner stated that part of the problem is the attitude
toward inspection, that when inspection resumed after a two-year absence, the
attitude toward any kind of enforcement was disturbing. He added that his
Committee had heard the same kinds of promises and guarantees before, and
that if the Program's experience of the previous six months continues, the
Program should go to the Police.
Chairman Taliaferro stated that two issues could be addressed at the
November ballot: (l) The Board of Supervisors to receive the power to set
the certificate fee rate; and (2) the Supervisors to have the power to limit
the number of certificates.
President Swig stated that a ballot measure in November would provide
five months for a review of the Program's needs, and that, in case the
people do not vote for the Art Commission's measure, there should be a
Continued
STREET ARTISTS PROGRAM COMMITTEE - h/ZG/'6j> Page 3
back up measure, or else the Program would remain as it is.
Commissioner Goerner asked the audience for a show of hands of those
who favored continuation of the Program under the Art Commission; the
response was unanimous. He asked how many favored stricter enforcement;
unanimous. He asked how many wanted the Program to go to the Police; one
person raised his hand.
Commissioner Hanson stated that one of the things learned in the past
decade is that government is by consent, and that without consent, there
is no government. She felt there was a strong need for a situation of
commitment on the part of the artists to the Program and a sense of col-
laboration between the Commission and the artists. Commissioner Hanson
moved that the Committee accept the invitation to meet with the artists;
however, if the problems are insolvable, the Committee would plan to turn
over the Program to another agency. The Commissioner amended her motion
to state that the meetings of the Committee with the artists and merchants
produce recommendations within thirty days from the present date. The
motion was seconded by Commissioner Goerner and unanimously approved.
The Committee requested Program Director Lazar to obtain a room for
a meeting on Wednesday, May *fth, at 1:00 p.m.
Commissioner Hanson moved that the minutes of March 22, 1983 Program
Committee meeting be approved; the motion was seconded by Commissioner
Goerner and unanimously approved.
I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Frank Ming Iu - Mr. Iu was not present; his request was not considered.
B. David Moses - Certificate #2655 expired February 9, 1983; his request
for priority had been received by the office March 21, 1983. Mr. Moses
appeared. Commissioner Taliaferro moved that Mr. Moses 1 request be
approved ; the motion was seconded by Commissioner Goerner and unanimously
approved.
C. Joseph Beckman - Certificate #2378 expired March 16, 1983; his request
for priority had been received April 1, 1983. Mr. Beckman appeared.
Commissioner Goerner moved that Mr. Beckman' s request be approved ; the
motion was seconded by Commissioner Hanson and unanimously approved.
D. Abraham Petrow - Certificate #2672 expired March 8, 1983; his request
for priority had been received April 1, 1983. Mr. Petrow appeared.
Commissioner Taliaferro moved that Mr. Petrow' s request be approved ;
the motion was seconded by Commissioner Hanson and unanimously approved.
Continued
STREET ARTISTS PROGRAM COMMITTEE - k/26/83 Page k
E. Richard Ashton - Certificate #kk2 expired March 16, 1983; his request
for priority had been received April 6, I983. Mr. Ashton appeared.
Commissioner Taliaferro moved that Mr. Ashton' s request be approved ;
the motion was seconded by Commissioner Hanson and unanimously approved.
II HEARINGS ON ALLEGED VIOLATIONS
A. Mitchell Paradise (Mr. Paradise had been cited on August 22, 1982 for
Street Artist Violation II: "Category of Craft Certified, But One or More
Items Displayed Do Not Meet Art Commission Criteria." According to the
Art Inspector, Mr. Paradise had, on the same date, allegedly assaulted
and obstructed the duty of the Inspector. This case had been held in file,
at the City Attorney's recommendation, pending clarification of the Art
Commission's jurisdiction over cases involving assault and obstruction
of duty; clarification was written on February 1, 1983» whereupon Mr.
Paradise was sent notice to appear for hearings. In its review on April
19th of alleged violation II only, the Advisory Committee found that (a)
Mr. Paradise's wares shown in the citation-photo had been in violation,
and (b) his work shown to the Committee was in violation - "Pendants in
violation.") Mr. Paradise appeared.
Commissioner Taliaferro asked Inspector Hamilton if there were witnesses
to the alleged assault. Ms. Hamilton replied that there were none.
Commissioner Taliaferro said that it was a criminal matter to be handled
by the court, and that it would be the Commission's responsibility to
take into consideration the court's findings on a criminal case. As
there were no witnesses on the Inspector's behalf, Commissioner Taliaferro
moved to dismiss the charges of assault and obstruction of duty ; the motion
was seconded by Commissioner Hanson and unanimously approved.
Commissioner Taliaferro moved to accept the findings of the Advisory Com-
mittee, that Mr. Paradise be found in violation. Street Artist Violation
II, but that the penalty be suspended, and that any future
violation of this type will be considered as a second violation ; the
motion was seconded by Commissioner Hanson and unanimously approved.
B. Winnie Man (Ms. Man had been cited on December 10, 1982 for Street Artist
Violations I: "Failure to Display Certificate Prominently"; II; and III:
"Category of Craft Certified, But One or More Items Displayed Are Not of
Artist's Own Creation." In its review on April 19th, the Advisory Com-
mittee found that (a) Ms. Man's wares shown in the citation- photo had
been in violation, and (b) her work shown to the Committee was acceptable.)
Ms. Man appeared with an interpreter.
The interpreter told the Committee that Ms. Man agreed she had been in
violation and promised never to repeat the mistakes.
Commissioner Taliaferro moved that Ms. Man be found in violation. Street
Artist Violations I, II, and III, but that the penalty be suspended, and
that any future violations of these types will be considered as a second
violation; the motion was seconded by Commissioner Hanson and unanimously
approved.
Continued
STREET ARTISTS PROGRAM COMMITTEE - k/26/83 Page 5
C. Dennis Klein - Program Director Lazar told the Committee that he
had been notified that Mr. Klein was out of the country. Commissioner
Goerner moved that Mr. Klein's hearing be put over until his return;
the motion was seconded by Commissioner Hanson and unanimously approved.
D. John Osterhaug (Mr. Osterhaug had been cited on December 10, 1982, for
Street Artist Violations I and II. He had accepted the standard penalty
for S.A.V. I and his certificate had been suspended January 12 - 1*+, 1983.
In its review on April 19th, the Advisory Committee found that (a) Mr.
Osterhaug' s wares shown in the citation-photo had been in violation, and
(b) his work shown to the Committee was acceptable.) Mr. Osterhaug ap-
peared.
Commissioner Taliaferro moved that Mr. Osterhaug be found in violation .
Street Artist Violation II, but that the penalty be suspended, and that
any future violation of this type will be considered as a second violation ;
the motion was seconded by Commissioner Hanson and unanimously approved.
E. Sheryl Breaux - Mr. Lazar told the Committee that he had been notified
by Mr. Ron Breaux that both Ron and Sheryl Breaux would be unable to at-
tend their hearings this month and requested rescheduling for the fol-
lowing month. Commissioner Goerner moved that Ms. Breaux's hearing be
put over for thirty days; the motion was seconded by Commissioner Hanson
and unanimously approved.
F. Ron Breaux - Commissioner Goerner moved that Mr. Breaux's hearing be put
over for thirty days; the motion was seconded by Commissioner Hanson and
unanimously approved.
G. Gerald Luckham (Mr. Luckham had been cited on December 18, 1982, for Street
Artist Violations I, II, and IV, Section 2. He had accepted the standard
penalty for S.A.V. I and his certificate had been suspended January 27 -
29 1 1983. In its review on April 19th, the Advisory Committee found that
Mr. Luckham 's wares shown in the citation-photo had been in violation -
"belt buckles not attached to belts ... he only violated ... II - not
IV, Section 2".) Mr. Luckham appeared.
Commissioner Taliaferro moved that Mr. Luckham be found in violation.
Street Artist Violation II, but that the penalty be suspended, and that
any future violation of this type will be considered a second violation;
the motion was seconded by Commissioner Goerner and unanimously approved.
H. Roger Dandridge and Cheryl Maxa - Mr. Lazar told the Committee that he had
received word that both Mr. Dandridge and Ms. Maxa were unable to appear.
Commissioner Goerner moved that the hearings for Mr. Dandridge and Ms. Maxa
be put over thirty days; the motion was seconded by Commissioner Hanson
and unanimously approved.
Ill ADVISORY COMMITTEE RECOMMENDATION ON CRITERIA FOR ENGRAVING
Continued,
STREET ARTISTS PROGRAM COMMITTEE - V26/83 Page 6
Mr. Lazar presented the Advisory Committee's recommendation of April 12th:
"The only items that may be engraved upon and displayed are items that
have been certified as the artist's own creation. " Under this criteria,
artists could not display engraved items which they do not make; similarly,
artists could not engrave upon items brought to them by customers.
Attorney Regina Sneed requested a grace period with a deadline of September
6th (the day after Labor Day) for the engravers to terminate their display
of engraved items they do not make.
Commissioner Taliaferro moved that the Advisory Committee's recommendation
of criteria for engraving be approved, and that a grace period with a dead-
line of September 6th be imposed upon the Program's engravers to terminate
their display of engraved items they do not make, and that during this
grace period, the engravers be notified of the new criteria ; the motion
was seconded by Commissioner Hanson and unanimously approved.
IV APPEAL BY SUSAN SHERRIFF OF ADVISORY COMMITTEE'S 2/22/83 DISAPPROVAL
Mr. Lazar informed the Committee that Ms. Sherriff had told him she wished
to defer her appeal to the following month. Commissioner Hanson moved that
Ms. Sherriff's hearing be put over for thirty days; the motion was seconded
by Commissioner Goerner and unanimously approved.
V NEW BUSINESS
A. Stockton Street Spaces - Ms. Eunice Rodriguez told the Committee that
Officer Ray West of Central Station's Permit Section had never received
notice of DPW's painting white the curb zone on Stockton Street by the
Hyatt Hotel, and that Mr. Lazar also stated that the Street Artists
Program had never been notified either. The white curb has made the
eight street artist spaces illegal. She requested the Art Commission
to take action.
Mr. Lazar told the Committee that one possible course of action would
be to request the Supervisors to retain by resolution the spaces on a
temporary year-to-year basis, as in the case of the Beach Street spaces
- provided, of course, that the City Attorney finds that it is possible
to retain spaces adjacent to a white zone.
Commissioner Taliaferro moved that a letter be sent to the Board of
Supervisors to request that the Board do whatever is possible to re-
tain the eight street artist spaces on Stockton Street, west side,
between Post and Sutter Streets; the motion was seconded by Commissioner
Hanson and unanimously approved.
B. Francisco Rappa - Certificate # 27 / *0 expired March 30, 1983; his request
for priority in issuance of new certificate had been received April 21,
1983. Mr. Rappa appeared. Commissioner Goerner moved that Mr. Rappa 's
request for priority be approved; the motion was seconded by Commis-
sioner Hanson and unanimously approved.
The meeting adjourned at *+:50 p.m. Respectfullv submitted
S Howard Lazar
City and County of San Francisco
Dianne Feinstein
A IV, 'O MAYOR
Art Commission
Joan Ellison-Wong
DIRECTOR
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
DOCUMENTS DEPT.
MAY 2 1983
SAN FRANCISCO
PUqLIO » irrapv
C STREET ARTISTS PROGRAM COMMITTEE
SPECIAL MEETING ON LEGISLATION FOR STREET ARTISTS PROGRAM
Wednesday, May k, 1983
1:30 p.m.
Public Health Building
Room 300 (3rd floor)
101 Grove Street (at Polk Street)
San Francisco
AGENDA
PROPOSALS FOR LEGISLATION
II NEW BUSINESS
(415) 658-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
City and County of San Francisco
^ Art Commission
STREET ARTISTS PROGRAM COMMITTEE
Special Meeting on Legislation
for Street Artists Program
^ May 4, 1983
Public Health Building, Room 300
101 Grove Street, San Francisco
^.MINUTES
Commissioners Present: Taliaferro, Goerner, Hanson
uGCUi'viEfMTS DEPT.
MAY 2 7 1983
SAiM FkAiM CiSCO
P" D! IC 1 IPKARY
Chairman Taliaferro called the meeting to order at 1:30 p.m. and
stated that, two days earlier, the Art Commission voted to place on the
November ballot a measure to provide the Board of Supervisors with
power to increase the street artist certificate fee and to provide
artists with the option to purchase a yearly certificate. In order to
meet the Board of Supervisors' May l8 deadline of receiving legislation
for the November ballot, the Art Commission had taken its vote subject
to confirmation by the Program Committee at this meeting. Chairman
Taliaferro recommended that the Board of Supervisors be asked to further
amend the ordinance by providing the Board with the authority to limit
the number of certificates.
Attorney Ephraim Margolin stated that he had met with many artists
and was authorized by them to make recommendations that would entail
saving money for the Art Commission and improvement of the Program.
He suggested that the Commission's legislation be placed at the next
election following November in order to see if his recommendations would
work. He suggested the following: (l) the establishment of a "street
artist peer review" to handle violation cases, the "peer review" done
by rotation so that no artist would know who would be judging his viola-
tion. An artist, upon receiving a certificate, would agree to contribute
time for this. Decisions by the "peer review" would be appealed to the
Art Commission; (2) the levying of an application fee on applicants in
order to cover the expenses related to the Advisory Committee's studio
visits; (3) the appointment of a street artist to the Advisory Committee;
(k) the establishment of a yearly renewal of certificates which would
save staff time; (5) the establishment of a limit on certificates, tied
to a ratio of viable spaces but not falling below the present number of
certificates. Mr. Margolin requested that the Committee appoint someone
to meet with him and his clients, and stated that self-regulation has
enough promise ir> it to defer a vote of increased fees.
Chairman Taliaferro responded with the following: (l) there is a
direct conflict of interest with street artists having the authority
to screen the wares of other street artists and to review the violations
of other street artists; (2) an application fee is an excellent proposal
and in keeping with other departments who charge fees to review projects;
(3) the problem of artists' setups "squeezed" illegally between legal
Continued.
STREET ARTISTS PROGRAM COMMITTEE - 5/V83 Minutes Page 2
spaces exemplifies the ongoing disobedience to the rules and regulations;
if the artists want to legalize "squeezing" they would have to change
the ordinance; there is no compromise, however, on whether or not the
Program should be enforced; (k) the lottery (space-assignment procedure)
should be operated by the Art Commission's staff, as the Commission is
responsible by law for the lottery; lacking staff, the Commission has
allowed the artists to run the lottery, and this exemplifies the question
of the Art Commission having the resources to properly run the Program;
(5) the Board of Supervisors should limit the number of certificates as
it does with other permits. The present number of certificate-holders
should be the bottom number. At present, the Art Commission is follow-
ing the artists' recommendation of screening newcomers in accord with
the number of persons giving up their certificates; (6) as the City
Attorney clarified years before that street artists may not serve on
the Advisory Committee, due to conflict of interest, artists may elect
someone to attend every meeting and to report the actions at the following
lottery.
Commissioner Hanson observed thc.t the Street Artists Program started
out with certain ideals as an art program, then incurred more and more
problems until the Commission reached an attitude that the Program may
not be an art program at all but should be turned over to the Police.
She said that new attitudes, new ideas, and certain turnarounds would
have to be considered. The present format of a hearing made it difficult
to explore new directions; the Commissioners and the artists were still
in an adversary position. She questioned whether there was a way to
approach the issues differently.
Chairman Taliaferro stated that they shouldn't delude themselves
that the Program can, at present, be operated fiscally. He said that
nearly all the street artists he has talked with over the past three
weeks felt they could take a raise in their fee if it were justified.
Commissioner Goerner questioned Mr. Margolin about the actual
number of artists he represented and whether his usage of the word
"unanimity" meant "interest" or "overall vote" of the street artists.
Mr. Margolin replied that his meeting was attended by about forty artists,
some of whom had been on the Art Commission's "Blue Ribbon Committee"
reviewing the Street Artists Program and some from the Street Artists
Association. He said that seven notices of the meeting had been issued
in a five-day period.
Commissioner Goerner stated that he still was not convinced that
the purvue for the Program should remain with the Art Commission. He
said he had an entire folder of street artist complaints, mostly about
lack of enforcement, a folder on lottery problems, a folder of merchants'
complaints that the Art Commission isn't doing its job, police complaints
... If any legislation that would help enforce the Program were delayed,
there would be a year and a half of inadequate enforcement. He added
that he could not visualize a peer group operating successfully because
of peer pressure itself. Furthermore, economic "viability" could be
Continued
STREET ARTISTS PROGRAM COMMITTEE - 5/V83 Minutes Page 3
discussed ad infinitum; what the Commission needs, however, is the
mechanics to run its Street Artists Program - if it decides to continue
to run it. Otherwise, the Program should go to an agency which could
properly operate it.
Mr. Lloyd Pflueger, General Manager of the Downtown Association of
San Francisco, told the Committee that his organization's primary con-
cern is that the Art Commission might relinquish the Program, and the
Downtown Association did not want to see this happen. There should,
he said, be proper policing of the Program by the Art Commission; the
Police Department should deputize the Commission with more enforcement
capability than it has. He added that it was unfortunate that the Com-
mission has no authority over unlicensed persons. Policing is the key
to the Street Artists Program. Because the Police Department has always
told the Downtown Association that street artist enforcement is low
priority, the Association feels that the job should be properly done by
the Art Commission. In order to receive the necessary staff for this,
Mr. Pflueger said he would support the Art Commission's ballot argument
and would write one himself.
Chairman Taliaferro cited the Art Commission's responsibility to
the citizens, the visitors to the city, the 600 certified street artists
- a number greater than that belonging to the Street Artists Association
- and the merchants. He concluded that the Art Commission has a direct
legal responsibility to these parties to properly govern its Program.
He urged that the Commission ask the Board to place on the November
ballot the two proposed amendments to the street artist ordinance. He
also urged that concerned street artists continue to meet with thw Pro-
gram's staff in developing recommendations.
The Committee received testimony from street artists Bennett Weiss
(The Commission shouldn't go to the ballot "piecemeal with just two items"),
Mark Kielty (Money may not solve the Program's problems), and Mitchell
Paradise (More money is not the answer; the true answer is to redesign
the Prqgram to operate more efficiently).
Commissioner Hanson moved that the Committee sustain the ballot
measure adopted as Resolution 1983-390 by the full Art Commission on
May 2, 1983. The motion was seconded by Commissioner Goerner and unani-
mously approved.
Commissioner Hanson moved that an early meeting time be established to
begin exploration of the Street Artists Program's problems. The motion
was seconded by Commissioner Goerner and unanimously approved.
Mr. Margolin requested the Committee to furnish a list of problem
areas. The Committee directed Mr. Lazar to send him a copy of the Com-
mittee's April 26, 1983 Minutes. Mr. Margolin said that as soon as he
received the Minutes, he would set up a meeting.
The meeting adjourned at 3:50 p.m.
Respectfully submitted:
Howard Lazar
City and County of San Francisco
/v\juh dU^t^ ydlurt^
Art Commission
Piannc Feinstein
MAYOR
Commissioners
Wuselyue C. Sw/iij
PrusicJenl
Dmitri Vedensky, Jr.
Vice President
Veriiun Alley
Timothy Duncan
Predrick Goemer
Uubuil LttitUCCil
Jo Hanson
Jacqueline Nemerovski
William Palerson
Piero Palri
Peler Kodriyuez
Hay Taliaferro
fix Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
LA^u'frtEiMTS DEPT
Joan i£llison
MAY 2 1983 D »* ECTQ «
STREET ARTISTS PROGRAM COMMITTE^ nn, £ R f j^Sf 00
Tuesday, May 2ft_, 1983 - 2;Q0 p.m.
Main Library - Commission Room (3rd floor)
Larkin and McAllister Streets, San Francisco
.-=- A G E N D A
REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Miriam Berntsen - Certificate #27^ expired ^/5/83; her letter-
request for priority received by office *f/25/83.
B. Christine Hince - Certificate #617 expired ^/9/83; sent renewal
payment 5/3/83.
C. Caroline Laib - Certificate #1163 expired k/l 3/83 > request for
priority received 5/12/83.
D. Michael Norris - Certificate # 116*1- expired ^/13/83; request for
priority received 5/12/83.
II REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Susan Barreto and Presentacion Barreto - applied 10/21/80;
responded on 3/10/82 that they were still interested in
obtaining certificates; did not receive notice for screening
of 6/15/82.
B. Kathryn Enders - screened by Advisory Committee on 10/19/76;
request to work as family unit member with Mark Kielty.
C. Susan Costa - request to be added to application of Paul Costa
(Mr. Costa applied 2/3/82).
D. Candace Hegan - request to be added to application of Thomas
Gilbert i (Mr. Gilbert i applied 11/30/81 and was certified
5/9/83).
Ill HEARINGS ON ALLEGED VIOLATIONS
Certificate-holder
A. Latifa Rainbow
B. June Richard
C. Charyl Maxa and Roger Dandridge
D. Sheryl Breaux
E. Ronald Breaux
Alleged Violation(s)
II-B
III
II; IV Section 2
II; III; IV Section 2
Obstruction of duty of
Art Inspector
(agenda continued on reverse)
45 Hyde Street
Suite 319 - San Francisco, .California 94102
(415) 558-3463
mmammmm
3ty and County of San Francisco
A1C.1S l
sIz+Ul
STREET ARTISTS PROGRAM COMMITTEE
May 24, 1983
Main Library - Commission Room
Larkin and McAllister Streets
San Francisco
Art Commission
u£p r
JUN 3 1S83
,p l?APY
*$ MINUTES
Commissioners Present: Taliaferro, Goerner
Chairman Taliaferro called the meeting to order at 2:15 p.m.
Commissioner Goerner moved that the Minutes of April 26, 1983 be approved.
The motion was seconded by Commissioner Taliaferro and unanimously approved.
I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF
CERTIFICATE
A. Miriam Berntsen - Certificate #2?44 expired April 5i 1983; her letter-
request for priority was received by the Program office on April 25,
1983. Ms. Berntsen appeared before the Committee. Commissioner
Goerner moved that Ms. Berntsen 1 s request for priority be approved;
the motion was seconded by Commissioner Taliaferro and unanimously
approved.
B. Christine Hince - Certificate #617 expired April 9, 1983; Ms. Hince
sent her renewal payment to the office on May 3» 1983* She told the
Committee that she had thought the renewal grace period had been
extended to a thirty-day period. Commissioner Goerner moved that Ms.
Hince' s request for priority be approved; the motion was seconded by
Commissioner Taliaferro and unanimously approved.
C. Caroline Laib and Michael Norris - Certificates #1163 and #1164,
respectively, expired April 13, 1983. In their communication to the
office, the artists said that their fees had been mailed on time to
the former Art Commission address; the office never received them.
They requested priority in issuance of new certificates on May 12,
I983. On May 13 1 1983 1 the fees and original envelope postmarked
"April 11" arrived, and the staff renewed their certificates.
Commissioner Goerner moved that the renewal of Ms. Laib's certificate
be approved; the motion was seconded by Commissioner Taliaferro and
unanimously approved. Commissioner Goerner moved that the renewal
of Mr. Norris' certificate be approved; the motion was seconded by
Commissioner Taliaferro and unanimously approved.
II REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Susan Barreto and Presentacion Barreto - applied October 21, 1980,
responded to the office's inquiry, on March 10, 1982, that they were
still interested in obtaining certificates, but did not receive the
notification for their screening scheduled June 15, 1982. Commissioner
Continued.
STREET ARTISTS PROGRAM COMMITTEE - Minutes 5/2 V83 Page 2
Goerner moved that the request for priority of Susan and Presenta-
cion Barret o be approved; the motion was seconded by Commissioner
Taliaferro and unanimously approved.
B. Kathryn Enders - Ms. Enders 1 wares were examined by the Advisory
Committee on October 19, 1976; but Ms. Enders had taken a job
instead of proceeding with her certification. She told the Com-
mittee that she requested priority in order to be able to work
with her husband, street artist Mark Kielty. Commissioner Goerner
moved that Ms. Enders' request for priority be approved with the
proviso that her wares be approved by the Advisory Committee at the
next available screening session; the motion was seconded by Commis-
sioner Taliaferro and unanimously approved.
C. Susan Costa - May 4, 1983 request to be added to application of Paul
Costa who applied February 3, 1982. Program Director Lazar informed
the Committee that his office received, on May 23rd, a request from
Ms. Costa for postponement of her hearing, for six to eight weeks.
Commissioner Goerner moved that Ms. Costa's request for postponement
be approved; the motion was seconded by Commissioner Taliaferro and
unanimously approved.
D. Candace Hegan - letter-request from Thomas Gilberti to add Ms. Candace
Hegan to his application (Mr. Gilberti applied November 30, 198l,
and was certified May 9, 1983)» Neither Ms. Hegan nor Mr. Gilberti
appeared. Commissioner Goerner moved to put over the request; the
motion was seconded by Commissioner Taliaferro and unanimously ap-
proved.
Ill HEARINGS ON ALLEGED VIOLATIONS
A. Latifa Rainbow - Ms. Rainbow was cited on December 10, 1982 for
alleged Violations I and II-B. She was sent the option to take a
standard penalty suspension for No. I; as no penalty acceptance was
received from her, her certificate was suspended January 12 - 1*+, 1983*
With respect to No. II, Ms. Rainbow was heard by the Advisory Committee
on the morning of May 2k , 1983; the Advisory Committee, in its exam-
ination of the citation-photo, found that the earrings and necklaces
in the photo did not meet Art Commission criteria and therefore con- j
stituted Violation II. In its examination of the work itself, the
Advisory Committee found that her earrings were not in violation but
that her necklaces were in violation. Mr. Lazar informed the Program
Committee that, on September 13, 1982, the Art Commission had found
Ms. Rainbow in violation, Violation No. II, and had suspended the
penalty.
Commissioner Taliaferro moved that the Advisory Committee's findings
on Ms. Rainbow be approved and that Ms. Rainbow be found in violation,
Street Artist Violation No. II-B (second violation), and that her
certificate be suspended accordingly for a period of four weeks; the
motion was seconded by Commissioner Goerner and unanimously approved.
Continued
STREET ARTISTS PROGRAM COMMITTEE - Minutes 5/2k/%J> Page 3
Ms. Rainbow was advised by Commissioner Goerner of her right to
appeal to the Art Commission on June 6th and her right to appeal
to the Board of Permit Appeals.
B. June Richard - Mr. Lazar informed the Committee that he had heard
from Ms. Richard that she had moved and had not received notification
of her hearings but had heard from another artists that she was on
the agendas; she requested time to prepare her case and wrote the
office for a postponement of one month. Commissioner Goerner moved
that Ms. Richard's request for postponement of thirty days be approved;
the motion was seconded by Commissioner Taliaferro and unanimously
approved.
C. Cheryl Maxa and Roger Dandridge - Mr. Lazar told the Committee that
Ms. Maxa had called the office to request postponement, for the
second time, of her hearing and Mr. Dandridge' s hearing. Commissioner
Goerner moved that Ms. Maxa's request for postponement of her hearing
and Mr. Dandridge 's hearing be approved, that the hearings shall be
put over for thirty days, and that Ms. Maxa and Mr. Dandridge be ad-
vised that the Program Committee shall hear their cases regardless
of the artists' absence; the motion was seconded by Commissioner
Taliaferro and unanimously approved.
D. Sheryl Breaux and Ronald Breaux - Mr. Lazar told the Committee that
he had received a telephone call from Sheryl Breaux requesting post-
ponement, for the second time, of their hearings. Ms. Breaux had
said that a member of the family had passed away and that another
member had been hospitalized. Commissioner Goerner moved that Mrs.
Breaux 's request for postponement of her hearing and Mr. Breaux 's
hearing be approved, that the hearings shall be put over for thirty
days, and that Mr. and Mrs. Breaux be advised that the Program Commit-
tee shall hear their cases regardless of the artists' absence; the
motion was seconded by Commissioner Taliaferro and unanimously approved.
E. Claudia Hart - Mr. Lazar told the Committee that he had received notifi-
cation from Ms. Hart that she would not be in town at the time of her
hearings and requested postponemnt of a month. Commissioner Goerner
moved that Ms. Hart's request for postponement be approved and that
her hearing be put over for one month; the motion was seconded by
Commissioner Taliaferro and unanimously approved.
F. Bruce Krutel - Mr. Lazar told the Committee that Mr. Krutel had re-
quested postponement because of his involvement in an out-of-town
craft fair on the day of his hearing; Mr. Krutel had appeared at
his hearing with the Advisory Committee requesting information on
his case but refusing to have his hearing. He had requested the
Committee to come to his studio and watch him make his craft, be-
cause he did not want to demonstrate it in a public hearing with
other artists present. Commissioner Goerner moved that Mr. Krutel 's
request for postponement be approved, that his hearing be put over
Continued.
STREET ARTISTS PROGRAM COMMITTEE - Minutes 5/2^/83 Page k
for thirty days, and that he he informed that he must bring his
craft to the Advisory Committee for examination; the motion was
seconded by Commissioner Taliaferro and unanimously approved.
G. Aline Sar - Mr. Lazar told the Committee that, one half hour prior
to this Program Committee meeting, he had received a call from Ms.
Sar stating that she had confused the dates of her hearings and had
missed that morning's hearing with the Advisory Committee. She re-
quested postponement of a month. Commissioner Goerner moved that Ms.
Sar' s request for postponement be approved, and that her hearing be
put over for thirty days; the motion was seconded by Commissioner
Taliaferro and unanimously approved.
H. Philip Curatola - Mr. Lazar told the Committee that he had received
a communication from Mr. Curatola 's attorney who requested postponement
so that he would have time to prepare a case. Commissioner Goerner
moved that Mr. Curatola' s attorney's request for postponement be ap-
proved, and that his hearing be put over for thirty days; the motion
was seconded by Commissioner Taliaferro and unanimously approved.
I. Betty Bundschu - Ms. Bundschu was cited on March 6, 1983 for alleged
Violation IV, Section 2. She had appeared before the Advisory Commit-
tee on the morning of May 2Ath; the Advisory Committee, in its exam-
ination of the citation- photo, had found that Ms. Bundschu had been
in violation, Violation No. Ill (not IV Section 2) due to the display
of brass bracelets. In its Minutes, the Advisory Committee recorded:
"She agrees ... that she was selling bracelets that she did not make.
But she is screened for fabricated jewelry." Ms. Bundschu told the
Program Committee that the Inspector had cited her on the day she
displayed the bracelets but removed them immediately, never having
sold one, and hasn't had them on her table since. The Commissioners
ascertained that the Art Commission had found her in violation - a
different violation, No. II - on November 1, 1982, and had suspended
the penalty. Commissioner Goerner moved that the Advisory Committee's
findings on Ms. Bundschu be approved, that she be found in violation,
Street Artist Violation No. Ill, that the penalty be suspended, and
that any future violation of this type will be considered as a second
violation; the motion was seconded by Commissioner Taliaferro and
unanimously approved.
J. Jerome Fong - Mr. Lazar told the Committee that Mr. Fong had notified
the office of his inability to attend his hearings on May 2k and had
requested a rescheduling of hearings. Commissioner Goerner moved that
Mr. Fong's request for rescheduling be approved, and that his hearing
be put over, for thirty days; the motion was seconded by Commissioner
Taliaferro and unanimously approved.
IV APPEAL OF SUSAN SHERRIFF OF ADVISORY COMMITTEE'S 2/22/83 DISAPPROVAL
OF MS. SHERRIFF 'S ITEMS (rescheduled from k/26 Program Committee)
Ms. Sherriff did not appear. Commissioner Taliaferro moved that no
action be taken on Ms. Sherriff s request; the motion was seconded
by Commissioner Goerner and unanimously approved.
Continued
STREET ARTISTS PROGRAM COMMITTEE - Minutes 5/2k/8j> Page 5
V REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING
A. Joyce Garvey - applied December 8, 198l; requested postponemnt of
her screening until May, 1984. Commissioner Goerner moved that Ms.
Garvey 's request be approved; the motion was seconded by Commissioner
Taliaferro and unanimously approved.
VI RECOMMENDATION FROM ADVISORY COMMITTEE: RESCISSION OF ART COMMISSION
RESOLUTION 1982-302 (AMENDMENT TO "BEADSTRINGING/PENDANTS" CRITERIA )
Mr. Lazar reported that the Advisory Committee, at its meeting of April 19,
1983» voted unanimously to recommend to the Art Commission rescission of
its amendment to the "BEADSTRINGING/PENDANTS" criteria, amendment as
follows: "A commercially manufactured pendant may be permissible in a
beaded necklace when the pendant has been determined by the Advisory
Committee to be an integral element of and subordinate to the total
design of the necklace." Commissioner Taliaferro moved that the Advisory
Committee's recommendation be approved; the motion was seconded by Com-
missioner Goerner. The Committee proceeded to hear from the Advisory
Committee, the Art Inspector, and artists.
Advisory Committee Chairman Betsy Meyers stated that many violations
continue as a result of the commercially manufactured pendants and
artists misinterpreting the criteria, and that the amendment is un-
workable. Street artist Tad Sky requested that a special meeting be
posted of the Advisory Committee to hear the matter thoroughly. Street
artist Mitchell Paradise stated that there have been next to no second
violations of artists resulting from the amendment, and stated also
that there was precedent in the Street Artists Program for the Advisory
Committee to hold a special meeting whenver criteria is to be reviewed.
Art Inspector Hamilton told the Committee that, based on her discussions
with the artists, there is great confusion over the meaning of the amend-
ment, and that it is difficult to communicate to a number of people.
j
Commissioner Taliaferro clarified that when the Commission passed the
amendment last year, it was slearly discussed that the Advisory Commit-
tee would work with it and that if, in their opinion, it did not work,
they would inform the Program Committee - and they have done so now.
If the Advisory Committee feels there is a problem with it, he felt
the Program Committee should support the Advisory Committee.
Street artist Linda Stark and Mr. Sky requested another hearing on the
matter which would provide the opportunity to educate artists that
there might be changes in criteria. Ms. Stark said that if xeroxed
agendas could be delivered to the lotteries by the Art Inspector, they
could be disseminated and more people would know of the hearing. Com-
missioner Taliaferro stated that he hoped that in the future the Program
would have enough money to keep all artists informed, that artists of a
particular crafts category would all be informed whenever a meeting
would be held affecting their craft.
Continued
STREET ARTISTS PROGRAM COMMITTEE - Minutes 5/2 V83 Page 6
Commissioner Goerner withdrew his second to the motion, and moved that the
matter be 6ent back to the Advisory Committee for a recommendation to be
submitted to the Program Committee at its next meeting; the motion was
seconded by Commissioner Taliaferro and unanimously approved.
VII NEW BUSINESS
A. Request by former certificate-holder Rosemarie Douglas for priority in
issuance of new certificate - Certificate #2790 expired April 29, 1983;
her request received May 16, 1983, after agenda had gone out. Ms. Douglas
appeared before the Committee. Commissioner Goerner moved that Ms. Douglas'
request be approved; the motion was seconded by Commissioner Taliaferro
and unanimously approved.
B. Request for postponement of Dolores Kalom hearing - Mr. Lazar submitted
a May l8 letter from Ms. Sandra Coliver of Attorney Margolin's office,
informing the Program that Ms. Kalom' s trial has been set for June 28th
and is expected to conclude by June 30th, 1983, and requesting that any
Art Commission hearings involving Ms. Kalom be postponed until July 1 or
thereafter. Commissioner Goerner moved that Ms. Coliver 's request on
behalf of Ms. Kalom be approved; the motion was seconded by Commissioner
Taliaferro and unanimously approved.
C. Request by staff to establish office hours for certification - Mr. Lazar
requested the Committee authorization to establish specific hours during
specific days in which the Program office would be open for certification
in order to enable him to supervise the Program and monitor street artist
activities on the street at certain times of the week. Commissioner
Goerner moved that the staff request be approved; the motion was seconded
by Commissioner Taliaferro and unanimously approved.
D. Request from staff for investigation of sales spaces in Longshoreman's
Union lot - Art Inspector Hamilton reported that a number of artists
have complained to her about the existence of sales spaces being rented
from Longshoreman's Union lot on Taylor Street; she had contacted the
Zoning Department whose personnel said they were not aware of this but
felt the Union may be in violation of Zone III; she asked that a letter
be sent to Zoning requesting an investigation of the matter. Commissioner
Goerner moved that the staff request for a letter-request for such an
investigation be approved; the motion was seconded by Commissioner Talia-
ferro and approved.
Commissioner Goerner stated that twelve alleged violation cases had been
granted postponement today, some of them for the second time. He noted
that this put a burden on Mr. Lazar and the Commissioners and requested
that every effort be made to hear cases of citation as promptly as possible.
Commissioner Goerner asked Mr. Lazar to inform him of the date of the Board
of Supervisors' consideration of the Art Commission's request for restora-
tion of the street artist spaces on the west side of Stockton Street. He
moved to adjourn the meeting; the motion was seconded by Commissioner Talia-
ferro and unanimously approved. The meeting adjourned at 3 : 25 p.m.
Respectfully submitted:
Howard Lazar /7
City and County of San Francisco
SP ^
Art Commission
STREET ARTISTS PROGRAM COMMITTEE
Tuesday, June 21, I983 - 2:30 p.m.
Main Library - Commission Room
Larkin and McAllister Streets
San Francisco
AGENDA
I REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Edythe J. Khazzoom - applied May, 1976 , was screened March, 1979, but
did not obtain certificate.
II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Cynthi Turner and Michael Turner - Certificates # 51 and #50 expired
March 8, 198l; request for priority received June 1, 1983.
B. Josephine Harris - Certificate # 270^ expired May 9, 1983; request for
priority received June 2, 1983.
0. Natalie Goff - Certificate // 2^1-33 expired May 8, 1983; her renewal payment
was mailed (postmarked) May 31? 1983.
Ill HEARINGS ON ALLEGED VIOLATIONS
Certificate-holder
A. June Richard
B. Cheryl Maxa and Roger Dandridge
C. Sheryl Breaux
D. Ronald Breaux
E. Claudia Hart
F. Bruce Krutel
G. Aline Sar
H. Philip Curatola
I. Jerome Fong
DGCUfViEiMTS DEPT.
JUN 2 3 1983
SAN FRANCISCO
Alleged Violation(s)
III
I; II; IV Section 2
I; II; III; IV Section 2
obstruction of duty of Art
Inspector
Obstruction of duty of Art
Inspector
II; III
II; III
II
IV Section 2
Section 2 (of IV)
IV ADVISORY COMMITTEE RECOMMENDATION REGARDING AMENDMENT TO "BEADSTRINGING/
PENDANTS" CRITERIA
V
NEW BUSINESS
City and County of San Francisco
Art Commission
I
STREET ARTISTS PROGRAM COMMITTEE
June 21, 1983
Main Library - Commission Room
Larkin and McAllister Streets
San Francisco
^MINUTES
oOGUivlENTS DEPT.
JUL 6 1983
SAN FRANCISCO
p,,o. |<» ' IRRAkV
Present: Commissioners Taliaferro and Hanson.
Chairman Taliaferro called the meeting to order at 2:30 p.m.
I REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Edythe J. Khazzoom - applied May, 1976, was screened by Advisory
Committee in March, 1979, but did not obtain a certificate. Ms.
Khazzoom appeared before the Program Committee and stated that she
had been unable to obtain a certificate at the time because of
health problems and having to take care of her child. Commissioner
Taliaferro moved that Ms. Khazzoom 's request be approved; the motion
was seconded by Commissioner Hanson and unanimously approved.
II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF
CERTIFICATE
A. Cynthi and Michael Turner - Certificates #51 and #50 expired March 8,
198l ; their request for priority was received by the office June 1, 1983.
The Turners appeared before the Committee. Commissioner Taliaferro
moved that Cynthi and Michael Turner's request for priority be
disapproved; the motion was seconded by Commissioner Hanson and unan-
imously approved.
B. Josephine Harris - Certificate #270^ expired May 9» 1983; her request
for priority was received June 2, 1983. Ms. Harris appeared. Commis-
sioner Taliaferro moved that Ms. Harris' request for priority be
approved; the motion was seconded by Commissioner Hanson and unani-
mously approved.
C. Natalie Goff - Certificate #2^33 expired May 8, 1983; her renewal
payment was postmarked May 31 1 1983. Ms. Goff appeared. Commissioner
Taliaferro moved that Ms. Goff's request be approved; the motion was
seconded by Commissioner Hanson and unanimously approved.
III HEARINGS ON A LL EGED V IOLATIONS
A. June Richard . Program Director Lazar reviewed the case for the Com-
mittee: Ms. Richard was cited on December 28, 1983» for Street Artist
Violation III. She was scheduled to appear before the Advisory Com-
mittee and Program Committee on May 2*f, but had submitted a request
Continued.
STREET ARTISTS PROGRAM COMMITTEE - 6/21/83 Minutes Page 2
for postponement which was granted by the Program Committee. At her hearing
with the Advisory Committee on the morning of June 21st, the Advisory Com-
mittee found that Ms. Richard's work had been in violation, Street Artist
Violation IV: "She made the work but she was not certified for it," according
to the Committee's minutes. Ms. Richard appeared before the Program Commit-
tee. Commissioner Taliaferro moved that Ms. Richard be found in violation,
Street Artist Violation IV, that the penalty be suspended, and that any future
violation of this type will be considered a second violation; the motion was
seconded by Commissioner Hanson and unanimously approved.
B. Cheryl Maxa and Roger Dandridge . Ms. Maxa and Mr. Dandridge were cited on
December 18, 1982, for Street Artist Violations I, II, and IV Section 2.
They were given the option of accepting standard penalties for Violations
I and IV or of requesting a hearing with the Program Committee. They re-
quested a hearing, in their reply of January 19, 1983. (The Program Com-
mittee, therefore was scheduled to hear all their alleged violations.) They
were scheduled to appear before both Committees in April; they requested and
were granted a postponemnt to May. Scheduled for hearings in May, they re-
quested and were granted a postponement to June. At their hearing with the
Advisory Committee on the morning of June 21st, the Advisory Committee found
that Ms. Maxa and Mr. Dandridge had not been in violation. They appeared
before the Program Committee, and stated that, with regard to alleged Viola-
tion I, their certificates had been out on display. Commissioner Taliaferro
moved that the charges against Ms. Maxa and Mr. Dandridge for Street Artist
Violations I, II, and IV Section 2 be dismissed; the motion was seconded by
Commissioner Uaxison and unanimously approved. Ms. Maxa requested that steps
be taken to correct the citation-hearing procedures.
C. Sheryl Breaux . Ms. Breaux was cited on December 19, 1982 for Street Artist
Violations I, II, III, IV Section 2. According to the Street Art Inspector's
report, Ms. Breaux had obstructed the duty of the Inspector. Ms. Breaux was
given the option of accepting standard penalties for Violations I and IV or
of requesting a hearing. In her reply of January 12, 1983, she requested a
hearing. She was scheduled to appear before both Committees in April; she
requested and was granted a postponement to May. Scheduled for hearings in
May, she requested and was granted a postponement to June. At her hearing
with the Advisory Committee on the morning of June 21st, the Advisory Commit-
tee found that Ms. Breaux had not been in violation with regard to the photo
taken at time of citation; nor was she in violation with regard to her work
shown to the Committee. Ms. Breaux appeared before the Program Committee
and stated that, with regard to Violation I, her certificate had been on
display. Ms. Tricia Huisman, a certified street artist, testified that the
certificate had been on display. Commissioner Taliaferro moved that the
charges against Ms. Breaux for Street Artist Violations I, II, III, and IV
Section 2 be dismissed; the motion was seconded by Commissioner Hanson and
unanimously approved.
D. Ronald Breaux. On December 19, 1982, according to a report by the Art
Inspector, Mr. Breaux had obstructed the duty of the Inspector when the
Inspector was issuing a citation to Sheryl Breaux. Mr. Breaux was notified
to appear before the Program Committee in April, 1983; he requested and
Continued
STREET ARTISTS PROGRAM COMMITTEE - 6/21/83 Minutes Page 3
was granted a postponement to May. Scheduled for May, he requested and
was granted a postponement to June. He appeared before the Program Committee.
Ms. Jacqulyn Hamilton, who had been the Inspector at the time of the alleged
incident, was not present to testify. Commissioner Taliaferro moved that
the charge against Mr. Breaux for obstruction of duty of the Inspector be
dismissed; the motion was seconded by Commissioner Hanson and unanimously
approved.
E. Claudia Hart . Ms. Hart was cited on December 18, 1982, for Street Artist
Violations II and III. She was notified to appear before the Committees in
May, 1983; she requested and was granted a postponement to June. At her
hearing with the Advisory Committee on the morning of June 21st, the Advisory
Committee found her in violation, Street Artist Violation II: "...Hats with
feathers, netting & silk flowers; we do not feel that the hats have been
significantly altered. She is certified for feather work but not hats."
Ms. Hart told the Program Committee that she felt she had altered the hats
significantly by adding feathers to them. Commissioner Taliaferro moved
that Ms. Hart be found in violation, Street Artist Violation II, but that
the penalty be suspended; the motion was seconded by Commissioner Hanson
and unanimously approved.
F. Bruce Krutel . Mr. Krutel was cited on December 28, 1982 for Street Artist
Violations II and III. He was scheduled for hearings in May and requested
and was granted postponement to June. At his hearing with the Advisory
Committee on the morning of June 21st, the Advisory Committee found him in
violation, Street Artist Violation II: "...The attaching of feathers to com-
mercial hats is a violation; artist blocks the hats, but Advisory Committee
doesn't view blocking or finishing technique as art or craft ..." Mr. Krutel
appeared before the Program Committee. Commissioner Taliaferro moved that
the Advisory Committee submit a definition of what constitutes hatmaking;
the motion was seconded by Commissioner Hanson and unanimously approved.
G. Aline Sar . Ms. Sar was cited on February 1^, 1983, for Street Artist Viola-
tion II. She was scheduled for hearings in May and requested and received
postponement to June. At her hearing with the Advisory Committee on the
morning of June 21st, the Advisory Committee found that she was not in
violation. Ms. Sar appeared before the Program Committee. Commissioner
Taliaferro moved that the charge against Ms. Sar of Street Artist Violation
II be dismissed; the motion was seconded by Commissioner Hanson and unani-
mously approved.
H. Philip Curatola . Mr. Curatola was cited on March 6, 1983, for Street Artist
Violation IV, Section 2. He was scheduled for hearings in May and requested
and received postponement to June. At his hearing with the Advisory Committee
on the morning of June 21st, the Advisory Committee found him in violation,
Street Artist Violation IV, for the display of seashell nitelights (these
had been examined by the Advisory Committee on January 25, 1983i and had been
disapproved). The Committee gave no finding with respect to Mr. Curatola' s
alleged display of cassette tapes, as no decision had been issued by the
City Attorney as to whether such items are within the jurisdiction of the
Art Commission. Mr. Curatola and his attorney, Mr. Alan Hoffman, appeared
before the Program Committee. Mr. Hoffman stated that it was true that his
Continued
STREET ARTISTS PROGRAM COMMITTEE - 6/21/83 Minutes Page k
client was not certified for the nitelights. Commissioner Taliaferro
moved that Mr. Curatola be found in violation, Street Artist Violation IV,
with'' Regard to the display .of nitelights, and that the penalty be suspended;
the motion was seconded by Commissioner Hanson and unanimously approved.
Mr. Hoffman told the Committee that his client had not been selling the
tapes but had been asking for a donation for them, and had not felt he was
breaking the law at the time; he had wanted to get some exposure for his
talent. Commissioner Taliaferro moved that the matter be held in abeyance
until. clarification is received from the City Attorney; the motion was
seconded by Commissioner Hanson and unanimously approved.
Mr. Curatola stated that he had no notice that he would have been in violation
with regard to Section 2. Mr. Hoffman stated that his client was not guilty
of Street Artist Violation IV with regard to the cassette tapes because he
had not been selling them, and that there is no rule or regulation by the
Art Commission or a committee that giving away tapes and asking for a dona-
tion to defer costs constitutes selling.
I. Jerome Fong . Mr. Fong was cited on March 6, 1983i for Street Artist Viola-
tion IV, Section 2. He accepted the standard penalty for IV, and his
certificate was suspended from April 1-1^, 1983. He was scheduled for
hearings (for Section 2) in May, and requested and received postponement to
June. At his hearing with the Advisory Committee on the morning of June 21st,
the Advisory Committee found him in violation of IV, Section 2: "He agreed
the photo was in violation." Mr. Fong appeared before the Program Committee
and stated that he had thought the two-week standard penalty was for both
Violation IV and Section 2. Commissioner Taliaferro moved that Mr. Fong be
found in violation, Street Artist Violation Section 2 (of IV), and that the
penalty be suspended; the motion was seconded by Commissioner Hanson and
unanimously approved.
IV ADVISORY COMMITTEE RECOMMENDATION REGARDING AMENDMENT TO "BEADSTRINGING/PENDANTS"
CRITERIA
Program Director Lazar reported that the Advisory Committee had met that morning
and had reviewed street artist Tad Sky's proposal to retain the amendment
approved last fall, to keep the wording of the amendment but to set it apart
in the crafts criteria as a separate category entitled "BEADSTRINGING WITH
COMMERCIALLY MANUFACTURED PENDANTS." Artists would have to be screened under
this just as if they would for any other craft category. The Advisory Com-
mittee recommended that Mr. Sky's proposal be adopted. Commissioner Taliaferro
moved that the Advisory Committee's recommendation be approved; the motion
was seconded by Commissioner Hanson and unanimously approved.
The meeting adjourned at 3^50 p.m.
Respectfully submitted:
'?YWaAcJ (^tU,
1M^
Howard Lazar w
City and County of San Francisco
Art Commission
Dianne Feinstein
MAYOR
Joan Ellison-Wong
DIRECTOR
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hunson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
II
STREET ARTISTS PROGRAM COMMITTEE
Tuesday ^JuaJS- 19, 1983 - 2:13 p.m.
Main Library, Commission Room (3rd floor)
Larkin and McAllister Streets, San Francisco
•^AGENDA
REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE
OF NEW CERTIFICATE
A. Mary Greenberg - Certificate #2773 expired May 19, 1983; her
request for priority received June 10, 1983-
B. Hugh Simpson - Certificate # 2775 expired May 26, 1983; his
request for priority received July 5, 1983.
C. Pedar Ronning - Certificate # 1309 expired April 9, 1983; his
request for priority received July 7, 1983.
D. Michael Vallo - Certificate # 2770 expired May 10, 1983; his
request for priority received July 8, 1983.
REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Gregg P. Niceley .
B. Susan L. Costa .
Planning Commission 1X1 AD viS0RY COMMITTEE RECOMMENDATION: CRITERIA FOR "HATMA KING'
Recreation and Park
Commission
IV CRAFT VIOLATION REVIEWS
Certificateholder
A. Bruce Krutel
(hearing continued from 6/21)
B. Philip Curat ola (Lawrence)
C. Dennis Klein
D. Lisa Berkelhammer
Alleged Violation Number
II; III (re: hats with feathers)
IV, Sec. 2 (re: cassette tapes)
I; II; IV Sec. 2 (re: jewelry
items; hats; sweaters)
Alleged violation of Ord. 4-1-83,
Sec. 2401(b) "Handcrafted
Item" - report submitted by
another street artist re:
jewelry items
V NEW BUSINESS
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102,
City and County of San Francisco
STREET ARTISTS PROGRAM COMMITTEE
^ July 19, 1983
Main Library - Commission Room
Larkin and McAllister Streets
San Francisco
! 1
Art Commission
DOCUMENTS DEPT.
JUL 2 9 1983
SAN FRANCISCO
p, t p. p/* I (RRARY
^ M I N U T E S
<s
Present: Commissioners Taliaferro, Hanson, Goerner
Chairman Taliaferro called the meeting to order at 2:23 p.m. and spoke of
the recent accomplishments of the Street Artists Program at the Board of
Supervisors:
1) The redesignation of eight street artist spaces on Stockton Street
as an area exempt from the regulation prohibiting artists adjacent
to a white zone. (The Chairman congratulated street artist Eunice
Rodriguez on her efforts in initiating the proposal and following
it through, "the best example of citizen action.")
2) The passage of an amendment authorizing the Board to exempt
designated street artist areas from the regulations pertinent
to selling (Section 2^05(c) of the Police Code).
3) The Rules and Legislation Committee's recommendation of approval
of the Art Commission's ballot measure to authorize the Board of
Supervisors to increase street artist certification fee and to
provide the artists with the option to renew quarterly or yearly.
(The Chairman pointed out that the certification fee has not been
raised in eleven years; yet the demands of the Program have changed.
An increase in fees would provide for Art Inspectors, as well as
a monthly newsletter. Commissioner Goerner stated that a request
for an increase would not be done without advise and consent.)
I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF
CERTIFICATE
A. Mary Greenberg - Certificate #2773 expired May 19, 1983; her request
for priority was received by the office on June 10th. Mrs. Greenberg
appeared and told the Committee that she had forgotten to renew be-
cause she had been entertaining many house guests. Commissioner
Taliaferro moved that Mrs. Greenberg 's request for priority be ap-
proved; the motion was seconded by Commissioner Hanson and unani-
mously approved.
B. Hugh Simpson - Mr. Simpson did not appear. Commissioner Goerner
asked Mr. Lazar to notify Mr. Simpson for the next meeting and moved
to put over his request; the motion was seconded by Commissioner Hanson
and unanimously approved. Commissioner Hanson noted that Mr. Simpson's
renewal had been sent to Art Commission, c/o City Hall, and had then
been returned to him; she stated that a complaint should be sent to the
City Hall Post Office for not forwarding it to the Art Commission.
Continued,
STREET ARTISTS PROGRAM COMMITTEE - 7/19/83 Minutes Page 2
C. Pedar Ronning - Certificate #1309 expired April 9, 1983; his re-
quest for priority was received July 7ch. Mr. Ronning told the
Committee that he had suffered a heart attack last February and
had undergone extensive medical treatment; his attention had not
been on the renewal of his certificate. Commissioner Goerner
moved that Mr. Ronning' s request for priority be approved; the
motion was seconded by Commissioner Hanson and unanimously approved.
D. Michael Vallo - Certificate #2770 expired May 10, 1983; his request
was received July 8th. Mr. Vallo told the Committee tha't he had
left for New York on May 1st. On May 8th he had sent his renewal
fee to the Art Commission's Mission Street address and had put his
New York address as a return address on the envelope. When he re-
turned from New York at the end of June, he realized he had never
received his renewed certificate; he called the Program and found
out that the Program had never received his payment. Commissioner
Goerner moved that Mr. Vallo 's request be approved; the motion was
seconded by Commissioner Hanson and unanimously approved.
II REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
- A. Gregg P. Niceley . Mr. Niceley told the Committee that he had received
an application and information booklet from the Program in the mail,
had filled out the application and mailed it back. This bad been a
year and a half ago, and he had not thought to call the office to see
if his application had been received because he had been told that
the waiting period for an applicant was a year and a half to two
years. He finally called the office in April, 1983» and found out
that his application had never been received. He submitted, to the
Committee, the envelope which had contained the Program's booklet,
mailed to him in 1982. Commissioner Goerner moved that Mr. Niceley 's
request be approved and that he be placed on the next list of ap-
plicants to be screened; the motion was seconded by Commissioner
Hanson and unanimously approved.
B. Susan Costa - did not appear. Commissioner Goerner moved to table
Ms. Costa's request until she re-notified the Art Commission of her
intention; the motion was seconded by Commissioner Hanson and
unanimously approved.
III ADVISORY COMMITTEE RECOMMENDATION: CRITERIA FOR "HATMAKING"
Program Director Lazar informed the Committee that the Advisory Commit-
tee had held a hearing that morning on criteria for "hatmaking" as
prompted by their recent hearings on feather-decorated hats. The Ad-
visory Committee had decided to postpone a decision on the issue in order
to research the craft of millinery as well as hatmaking; it may be
necessary to add to the cet of criteria a new craft category: "Millinery."
Mr. Lazar said he had notified Mr. Bruce Krutel and Ms. Claudia Hart ,
street artists who sell feather-decorated hats, to attend the Advisory
Continued
STREET ARTISTS PROGRAM COMMITTEE - 7/19/83 Minutes Page 3
Committee hearing; both had appeared and given their input.
Mr. Krutel told the Program Committee that he would work with the
Advisory Committee on new criteria. He said he appreciated the Pro-
gram Committee sending this matter back to the Advisory Committee.
He added that there were members on the Advisory Committee who felt
that shaping a hat and dyeing it do not constitute a craft.
IV CRAFT VIOLATION REVIEWS
A. Bruce Krutel (hearing continued from 6/21 in which the Program Commit-
tee had refrained from taking action on Mr. Krutel' s alleged violation
and, insetad, had directed the Advisory Committee to submit a defini-
tion of what constitutes hatmaking). Commissioner Hanson moved to
continue Mr. Krutel' s hearing to the next meeting; the motion was
seconded by Commissioner Goerner and unanimously approved.
B. Philip Curatola (Lawrence) (hearing continued from 6/21 in which the
Program Committee had moved that the matter of Mr. Lawrence's alleged
display of cassette tapes be held in abeyance until City Attorney
clarification was received). Mr. Lawrence and his attorney, Mr. Alan
Hoffman, appeared. Mr. Hoffman made the following points:
1. His client had had no notice as to whether he would be viola-
ting Section 2 (of Street Artist Violation IV, Violation Code).
2. The forthcoming City Attorney's opinion cannot be applied
retroactively.
3. At the last meeting, Mr. Lazar and Mr. Hoffman had come away
with opposite opinions of what the Advisory Committee had
recommended with respect to the cassettes. Mr. Lazar had
sent him a tape-copy of the tape recording of the meeting,
but a section had been omitted from it.* Mr. Hoffman requested
that the minutes of the last Program Committee be amended to
reflect that he had raised this point (the difference in
opinion), and that the Advisory Committee's recommendation
be clarified.
h. The Program Committee could dismiss the charge because it is
not clear as to what constitutes "selling." If the Committee
wished to clarify it at this time, Mr. Hoffman requested that
it not be applied retroactively to his client.
5. Mr. Lawrence was not trying to violate the spirit of the law.
His intent was to distribute the tapes for publicity purposes.
I listened to the entire original recording of the meeting and found no
ommission in Mr. Lawrence's hearing. I loaned the original to Mr. Hoff-
man at the Program Committee hearing. - H. L.
STREET ARTISTS PROGRAM COMMITTEE - 7/19/83 Minutes Page k
Chairman Taliaferro recommended that the Committee not move on the
matter until the City Attorney opinion is received. Mr. Hoffman
asked that his client not be cited until the issue is resolved.
The Chairman stated that he would not recommend that anyone sell
anything for which they are not certified.
Mr. Hoffman submitted as "Exhibit I" a transcription of the recording
of the Advisory Committee meeting and requested that it be put in the
record. He requested that two separate meetings be held: one for his
client's alleged violation and one for the issue of certification of
cassettes.
Chairman Taliaferro said that both matters would be taken up at the
same meeting - one at the beginning of the meeting, with intervening
issues, and the other at the end of the meeting.
Mr. Hoffman requested a copy of the agenda for the Program Committee's
next meeting.
Commissioner Goerner moved to put over the hearing to the next meeting;
the motion was seconded by Commissioner Hanson and unanimously approved.
C Dennis Klein . Mr. Klein did not appear. Mr. Lazar informed the Com-
mittee that, on the previous day, the Program received a letter from
Mr. Klein stating his inability to attend the scheduled meetings of
both the Advisory Committee and the Program Committee. Prior to this,
Mr. Klein had been notified to appear in March and had not appeared;
he had been notified to appear in April, and the Program had received
a letter from Mr. Klein's sister stating that her brother was out of
the country until the end of June, 1983, and requesting postponement
until his return. Commissioner Goerner said there had been more than
sufficient notice and moved that Mr. Klein be found in violation,
Street Artist Violation VII(B), "Failure to Appear for Hearing with
Advisory Committee or Street Artists Program Committee, When Notified,"
and that, in accord with the SAV Code, Mr. Klein's certificate be
suspended until his entire revocation procedure is completed; the
motion was seconded by Commissioner Hanson and unanimously approved.
D. Lisa Berkelhammer . Ms. Berkelhammer did not appear. Mr. Lazar informed
the Committee that Ms. Berkelhammer had written the office that she
would be unable to appear until after August. This was her first
notification for hearing. Commissioner Goerner moved that Ms. Berkel-
hammer' s hearings be put over to September and that the Program notify
her that she must attend; the motion was seconded by Commissioner
Hanson and unanimously approved.
V NEW BUSINESS
Street artist Eunice Rodriguez reported that new certificate-holders at the
lottery sign-in for spaces are being intimidated into "donating" money to
Continued
STREET ARTISTS PROGRAM COMMITTEE - 7/19/83 Minutes Page 5
the Street Artist Coalition's attorney for getting the Stockton
Street spaces back, and that newcomers feel they have to pay a dollar
in order to get a space. Mrs. Rodriguez added that one artist said
he thought the money was going to the attorney for the Art Commission.
Commissioner Taliaferro moved that a letter be sent to the Lottery
Committee, clarifying that the only activities to be conducted at
the lottery sign-in are those activities related to the assignment
of spaces, and that there shall be no fundraising or political
activities during the operation of the lottery and lottery sign- in;
the motion was seconded by Commissioner Goerner who added that the
letter stipulate that no attorney had been involved in any way in
the redesignation of the Stockton Street spaces, that it had been
an effort on the part of the street artists themselves and the
Street Artists Program of the Art Commission, and that any collection
of money for the spaces is being done under false pretenses. The
motion was unanimously approved.
Mrs. Rodriguez said that she did not feel she needed an attorney to
talk to the Art Commission or to the Board of Supervisors, and that
respect should be shown where respect is due. She informed the Com-
mittee that, as of last Monday, artists were back in the Stockton
Street spaces.
Commissioner Taliaferro said he would call Attorney Ephraim Margolin
and alert him to the collections at the lottery sign- in.
Commissioner Goerner moved that the minutes of the Program Committee's
June 21 meeting be approved with amendment as requested by Attorney
Alan Hoffman; the motion was seconded by Commissioner Hanson and unan-
imously approved.
Commissioner Hanson asked about the Street Artist Awards program which
the Art Commission had fostered in 1979 and 1980. Commissioner Taliaferro
spoke of the on-location awards presentation and the special group
exhibition in the gallery; it has been suggested that the Commission
reinstitute the awards program, perhaps by the end of the year.
Commissioner Goerner asked Mr. Lazar to find out the extent of the
gallery's scheduling and the time of year in which the Commission
would be able to have such an exhibition.
The meeting adjourned at 3^50 p.m.
Respectfully submitted:
Howard Lazar *
City and County of San Francisco
AlO.15
*2
V
Commissioners
Dianne Feinstein
MAYOR
STREET ARTISTS PROGRAM COMMITTEE
Art Commission
DOCUMENTS DEPT.
AUG 3 1983
SAN FRANCjSCO
P'"-" i^ | ippapy
Tuesday ,. August 23, 1983 - 2:00 p.m.
Main Library - Commission Room (3rd flopr )
Larkin and McAllister Streets, San Francisco
Roselyne C. Swig
President
AGENDA
Dmitri Vedensky, Jr. j
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson II
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE
OF NEW CERTIFICATE
A. Hugh Simpson - Certificate #2775 expired May 26, 1983; his
request for priority received July 5, 1983; hearing
rescheduled from July 19.
REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Susan Costa - applied May 9» 1983; requests priority to be
screened with husband, Paul Costa, who applied February 3, 1982.
B. Luz Simco - applied Sept. 23, 198l; never received screening notice
REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING
A. Janet R. Christian Ferguson - requests postponement of
screening of wares for one year.
IV ADVISORY COMMITTEE RECOMMENDATION: CRITERIA FOR MILLINERY
III
V CRAFT VIOLATION HEARINGS
Certificateholder
A. Bruce Krutel
(hearing continued from 6/21, 7/19)
B. Dennis Klein
C. Dolores Kalom
Alleged Violation
II; III (re: hats with
feathers)
II; IV Section 2 (re: jewelry
items; hats; sweaters)
Assault and obstruction of
duty of Art Inspector
(alleged Violation II re:
beadcraft items will be
heard in September)
VI NEW BUSINESS
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102,
City and County of San Francisco
Dianne Feinstein
MAYOR
Art Commission
Claire Isaacs
DIRECTOR
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
STREET ARTISTS PROGRAM COMMITTEE
August 23, 1983
Main Library - Commission Room
Larkin and McAllister Streets
San Francisco, California
^MINUTES
DOCUMENTS DEFT.
SEP 1 1983
SAN FRANCISCO
P"'" l^ ■ IRttAPV
Present: Commissioners Taliaferro, Hanson, Goerner
Chairman Taliaferro called the meeting to order at 2:05 p.m. He in-
formed the Committee that on the previous day Commission Director
Isaacs, Mr. Lazar, and he met with two councilmen from New Orleans
who were interested in establishing a street artists program in
their city.
I REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
Hugh Simpson - Director Lazar reported that Mr. Simpson had
telephoned him from Hawaii that morning and asked him to tell
the Committee that he no longer wished to pursue his request.
Commissioner Goerner moved that the request by Mr. Simpson be
dismissed from the agenda; the motion was seconded by Commissioner
Hanson and unanimously approved.
II REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Susan Costa - applied May 9, 1983; requested priority to
be screened with her husband, Paul Costa, who applied
February 3, 1982. Mr. and Mrs. Costa appeared and told the
Committee that their craft is wood gift items, and that when
Mr. Costa had applied, they thought the certificate would
be issued to them both and therefore it was not necessary
to list Mrs. Costa's name on the application. They claimed
there had been a misunderstanding between the Program of-
fice and them. Mr. Lazar said that, to his knowledge,
his assistant and he had always tried to make it clear that
the issuance of a certificate is limited to one person but
that all members of a "family unit" may apply for certif-
icates (if they all wanted to sell). This had been clarified
some ten years previously by the City Attorney.
Commissioner Goerner stated that if the request were ap-
proved, he could not see a means of stopping other people
from wanting to join with people on the waiting list who
were eligible for screening and thereby jumping over other
Continued.
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
STREET ARTISTS PROGRAM COMMITTEE - 8/23/83 Minutes Page 2
applicants. Mr. Lazar corroborated that his office receives such requests
frequently.
Commissioner Goerner moved that Mrs. Costa's request for priority be dis-
approved; the motion was seconded by Commissioner Taliaferro. The vote was
as follows: Ayes - Goerner, Taliaferro; Noes - Hanson.
Commissioner Goerner asked Mr. Lazar to ascertain the number of street
artists who are members of family units and to survey the opinion of
artists as to whether there is widespread dissatisfaction with the
"family unit" status.
B. Luz Simco - Mr. Simco was not present. Commissioner Goerner moved that
Mr. Simco' s request for priority be dismissed from the agenda; the motion
was seconded by Commissioner Hanson and unanimously approved.
III REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING
A. Janet R. Christian Ferguson - Mrs. Ferguson had applied December 31, 198l
and was eligible at this time for a screening; she was requesting postponement
of screening for one year. Commissioner Goerner moved that Mrs. Ferguson's
request for postponement be approved; the motion was seconded by Commissioner
Hanson and unanimously approved.
IV ADVISORY COMMITTEE RECOMMENDATION: CRITERIA FOR MILLINERY
On August 16th, the Advisory Committee of Street Artists and Craftsmen Examiners
held their hearing on "millinery" and recommended the following criteria (which
had been transmitted to the Commissioners prior to the Program Committee meeting)
MILLINERY - a hat body that is significantly altered in form by the
artist through the process of blocking or shaping, with
the addition of adornments and trim (examples - ribbons,
feathers, flowers, etc.)
Street artist Bruce Krutel told the Committee that he felt the Advisory Com-
mittee's "ruling" was consistent with other actions of the Art Commission, and
that it would avoid legal troubles for the Commission. He added that he felt
it maintained quality.
Commissioner Hanson moved that the Advisory Committee's recommended criteria
for "millinery" be approved; the motion was seconded by Commissioner Goerner
and unanimously approved.
V CRAFT VIOLATION HEARINGS
A. Bruce Krutel - hearing continued from June 21 and July 19. Mr. Krutel had
Continued
STREET ARTISTS PROGRAM COMMITTEE - 8/23/83 Minutes Page 3
been cited on December 28, 1982 for Street Artist Violations II and III
for allegedly selling feather-decorated hats. At his hearing with the
Advisory Committee on June 21, 1983* the Advisory Committee found him
in violation, S.A.V. II, and commented: "The attaching of feathers to
commercial hats is a violation; artist blocks the hats, but Advisory
Committee doesn't view blocking or finishing technique as art or craft."
At his subsequent hearing with the Program Committee on June 21st, the
Program Committee refrained from making a decision on the case and, in-
stead, requested the Advisory Committee to submit a definition of "hat-
making." By the time of Mr. Krutel's next hearing with the Program Com-
mittee (July 19th), the Advisory Committee had not come up with a defin-
ition and requested another hearing, this time to draft a definition of
"millinery." The Program Committee voted to put over Mr. Krutel's hearing
to the following month.
Now that the Advisory Committee's recommendation of criteria for "millinery"
had been received and recommended for approval, the Program Committee
ascertained that Mr. Krutel's craft fell within the criteria. Commis-
sioner Taliaferro moved that Mr. Krutel's case be dismissed; the motion
was seconded by Commissioner Hanson and unanimously approved.
B. Dennis Klein - Mr. Klein had been cited on December 10 and December l8, 1982,
for Street Artist Violations I, II (December 10), and IV Section 2 (December
18). After his failure to appear at scheduled hearings with the Advisory
and Program Committees, the Program Committee, on July 19th, voted to rec-
ommend that he be found in violation, S.A.V. VII (Failure to Appear at
Hearings) and that his certificate be suspended until the entire revocation
procedure was completed. Mr. Klein appeared at the Art Commission meeting
on August 1st to appeal the recommendation; the Commission voted to send
his case back to committee. He subsequently appeared before the Advisory
Committee on August l6th. The Advisory Committee found him in violation,
S.A.V. II ("pendants in photo not of artist's own creation") and S.A.V. IV
Section 2 ("Dennis showed us sweaters that he does not make; however, he
embroiders on the sweaters and knits over them ... Committee members feel
that a pre-manufactured sweater does overtake the degree of over-stitching
used on sweaters ... We feel the commercial sweater dominates his craft.")
The Advisory Committee held off a finding on the hats he had been allegedly
displaying, pending adoption of the "millinery" criteria.
Mr. Klein admitted to the Program Committee that he had sold hats and
sweaters for which he had not been certified.
Commissioner Taliaferro moved that the Advisory Committee's findings be
upheld, that Mr. Klein be found in violation, Street Artist Violations
II and IV Section 2, that the penalties be suspended, and that any future
violation of this type will be considered a second offense; the motion
was seconded by Commissioner Goerner and unanimously approved.
Mr. Klein told the Committee that the Advisory Committee's decision "that
the item overtakes the design" eliminates the craft of embroidery on
Continued.
STREET ARTISTS PROGRAM COMMITTEE - 8/23/83 Minutes Page k
most functional items. The Committee, he said, had stated that embroidery
had to pretty much cover the item. Commissioner Taliaferro responded that
one of the problems in the Program was the sale of clothing not made by
the artists, as for example, T-shirts with printed designs by the artist.
He said that he understood the Advisory Committee's viewpoint that the
object itself is the predominant item for sale.
C. Dolores Kalom . Ms. Kalom was not present. Mr. Lazar submitted a letter
of August l8th from Ms. Kalom' s attorney, Mr. Ephraim Margolin, which
stated that he would be out of town on August 23rd and requested that
his client's hearing be continued. Mr. Lazar told the Committee that he
had spoken with Mr. Margolin who had requested that he ask the Committee
if they would insist that he produce his witnesses to testify on behalf
of his client or whether they would accept affidavits from them or a
summary of their observations. Commissioner Goerner moved that Ms. Kalom' s
hearing be put over for one month and that the Committee accept affidavits
from Mr. Margolin's wirnesses regarding the alleged incident of assault
and obstruction of duty of the Art Inspector. After consideration, Com-
missioner Goerner withdrew his motion.
Commissioner Hanson moved to dismiss the charges against Ms. Kalom of
assault and obstruction of duty of the Art Inspector and to continue Ms.
Kalom 's hearings with respect to her alleged violation concerning her
items for sale (Street Artist Violation II); the motion was seconded by
Commissioner Goerner and unanimously approved.
VI NEW BUSINESS
A. Request by Applicant David Gamarra for Issuance of Certificate . Mr.
Gamarra had presented his wares to the Advisory Committee and had
received the Committee's recommendation for certification, but he had
failed to obtain a certificate within the allotted ten-office-work-day
time limit. Mr. Gamarra told the Program Committee that he had suffered
a ruptured hernia and had undergone an operation, and that also he had
not been aware of the time limit for obtaining a certificate. He said
his craft was brass bracelets and cut-coins.
Commissioner Taliaferro moved that Mr. Gamarra 's request be approved;
the motion was seconded by Commissioner Hanson and unanimously approved.
B. Gallery Show for Award-winners. Mr. Lazar reported that he had found
out that the Art Commission's gallery would be available next spring
for a group show of street artist awardwinners. Commissioner Goerner
asked him to reserve a two-week date next spring for the gallery.
C. Mayor's Committee on Sidewalk Vending . Commissioner Taliaferro spoke
of the Mayor's recently appointed committee investigating the practices
of stores selling merchandise on the sidewalks. Commissioner Taliaferro
Continued.
STREET ARTISTS PROGRAM COMMITTEE - 8/23/83 Minutes Page 5
moved that a letter be sent to the Mayor and the Mayor's committee on
sidewalk vending, offering the Commission's assistance in reviewing
this issue and requesting to be included in any discussion concerning
street sales in San Francisco; the motion was seconded by Commissioner
Goerner and unanimously approved.
D. Non-Profit Status of Organizations Selling in Public Places , Mr. Lazar
reported that he had received some complaints from artists concerning
the sales activities of unlicensed vendors who claim they have non-profit
tax-exempt status which permits them to operate. Mr. Lazar had examined
the Board of Equalization papers of one such vendor which claimed tax-
exempt status. Mr. Lazar requested authorization to write to the City
Attorney for clarification of the meaning of such status as it pertains
to an individual's privelege to sell merchandise in street artist areas.
Commissioner Goerner moved that the Director of the Street Artists Program
be authorized to request clarification from the City Attorney of the
meaning of tax-exempt status as it pertains to selling in street artist
areas; the motion was seconded by Commissioner Hanson and unanimously
approved.
E. Approval of Minutes . Commissioner Goerner moved that the Minutes of the
Program Committee's meeting of July 19, 1983 be approved; the motion was
seconded by Commissioner Hanson and unanimously approved.
F. Director's Report of Street Inspection . Mr. Lazar reported on his observa-
tions of the Program with respect his inspection of the arts and crafts on
the street, a duty of his which commenced August 11th. Generally, there
has been a greater degree of compliance with the Commission's crafts
criteria, with only a few salient cases of alleged violation (several of
these have complied immediately after the first warning, the others have
shut down their displays whenever the Director has appeared).
The meeting adjourned at 3*^2 p.m.
Respectfully submitted:
Howard Lazar
^A^
City and County of San Francisco
Art Commission
Qftoft?,
Commissioners
Roselyne C. Swig
i, President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
Dianne Feinstein
MAYOR
Claire Isaacs
DIRECTOR
■ Dc iftTSDEP-
i.
STREET ARTISTS PROGRAM COMMITTEE
SEP"2 1983
pit
Tuesday, September 20, 1983
2:30 p.m.
Main Library - Commission Room (3rd floor)
Larkin and McAllister Streets, San Francisco
-. AGENDA
REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Raman Attou (Khaldi) - applied October 15, 198l; was
notified February, 1982 but never received notice; request
received by office August 25, 1983*
B. Lorna Koppel - applied July, 1979; was notified February,
198l but letter was returned to office; request received
by office September 6, 1983.
C. Bob Horiuchi - applied (mailed application to office)
October, 198l, but office has no record of receipt of
application; request received by office September 13, 1983.
II CRAFT VIOLATION HEARINGS
A. Lisa Berkelhammer
alleged violation of Ordinance ^1-83,
Section 2*f01(b) "Handcrafted Item"
definition; alleged Street Artist
Violation (S.A.V. Code) III.
B. Robert Wild
alleged Street Artist Violation IV,
Section 2 (second violation).
C. Dolores Kalom
- alleged Street Artist Violation II.
Ill RENEWAL OF TEMPORARY SALES SPACES FOR CHRISTMAS SEASON
(PROPOSAL FROM STREET ARTISTS ASSOCIATION)
IV NEW BUSINESS
/J. Ui~ face -S'JyyheJ ffitf?( ')«*«* «
,j ' M :(Uj y3i/?3 '
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO. 94102
City and County of San Francisco
Art Commission
Dianne Feinstein
MAYOR
Qholts
Commissioners
Roselyne C. Swig
President
Claire Isaacs
DIRECTOR
STREET ARTISTS PROGRAM COMMITTE E
September 20, 1983
Main Library - Commission Room
Larkin and McAllister Streets
San Francisco, California
-s:MINUTES
OCT 3 1983
SAN FRANCISCO
PUBLIC f «r>QAPV
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
Present: Commissioners Taliaferro and Goerner
Chairman Taliaferro called the meeting to order at 2:35 p.m.
Commissioner Goerner moved that the Minutes of the Program Committee's
meeting of August 23 , 1983 be approved; the motion was seconded by
Commissioner Taliaferro and unanimously approved.
I REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Raman Attou (Khaldi) - applied October 15, 198l; was notified
February, 1982, but never received notice; his request for
priority was received by the Program office on August 25, 1983*
Commissioner Taliaferro moved that Mr. Attou' s request be ap-
proved; the motion was seconded by Commissioner Goerner and
unanimously approved.
B. Lorna Koppel - applied July, 1979; was notified February, 198l,
but the letter was returned to the Program office; her request
for priority was received by the office on September 6, 1983.
Commissioner Taliaferro moved that Ms. Koppel 's request be
approved; the motion was seconded by Commissioner Goerner and
unanimously approved.
C. Bob Horiuchi - maintained he mailed his application to the
office in October, 198l; the office, however, has no record
of having received the application; Mr. Horiuchi 's letter-
request for priority, dated September 15, 1983 1 states that
he moved from his original address and has had problems with
the mail. Mr. Horiuchi told the Committee that he is seeking
certification for "shoji-craft ," and that when he had applied
he had been told it would take one to two years for a certif-
icate. Commissioner Goerner moved that Mr. Horiuchi 's request
be approved; the motion was seconded by Commissioner Taliaferro
and unanimously approved.
II CRAFT VIOLATION HEARINGS
A. Lisa Berkelhammer - Ms. Berkelhammer did not appear. Program
Continued.
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
STREET ARTISTS PROGRAM COMMITTEE - 9/20/83 Minutes Page 2
Director Lazar informed the Committee that Ms. Berkelhammer had not ap-
peared at her hearing with the Advisory Committee that morning, and that
she had notified the office of her inability to appear due to schooling
commitments. The Advisory Committee heard from the artist who had sub-
mitted the complaint against Ms. Berkelhammer ' s display of earrings and
beaded necklaces. The Advisory Committee examined two pieces of evidence
and concluded: (a) while Ms. Berkelhammer ' s earrings satisfy the present
criteria, the "main object of sale" in the earring "is a manufactured piece
of metal"; (b) there is need for an Advisory Committee hearing to review
and clarify the criteria for earrings and their components; and (c) no
finding could be rendered with respect to the submitted necklace "because
there is no adequate proof" that it was not made by the artist.
Commissioner Goerner moved that the complaint against Ms. Berkelhammer ' s
earrings be dismissed, and that the complaint against her necklaces be
sustained and heard the following month; the motion was seconded by Com-
missioner Taliaferro and unanimously approved.
B. Robert Wild - Mr. Wild did not appear. Mr. Lazar informed the Committee
that Mr. Wild had not appeared at his hearing with the Advisory Committee
that morning. On August 24, 1983, Mr. Lazar filed a report of alleged
violation by Mr. Wild for displaying items which were allegedly not
certified and not of the - artist's own creation. According to the report,
this constituted a second violation, as the Art Commiss .on had resolved
on March 7, 1983 that Mr. Wild be found in violation, Street Artist Viola-
tion IV, Section 2, that the penalty be suspended, and that any future
violation of this type will warrant a one-year suspension. The Advisory
Committee had examined the report's photographs of Mr. Wild's display
and had concluded that the display of haircomb/barrettes constituted
S.A.V. IV, Section 2.
Commissioner Taliaferro noted that the Commission has been lenient with
cases involving a first offense and that the Commission issues warnings
that penalties are imposed for second offenses.
Mr. Lazar informed the Committee that S.A.V. IV alone, not including
Section 2, provides the artist with the option to accept a standard
penalty suspension (without hearing) or to request a hearing. He said
that Mr. tfild was sent such an option and was requested to return his
preference to the office nc later than September 19, otherwise the standard
penalty suspension of six weeks would automatically be imposed. The office
had not received his notification. Mr. Wild would be suspended for six weeks
commencing September 21st. What was presently before the Program Committee
was alleged violation Section 2, second violation.
Commissioner Goerner moved that Mr. Wild be found in violation, Section 2 of
Street Artist Violation IV, second violation, and that his certificate be
suspended for a period of one year, commencing after termination of the
standard penalty suspension for S.A.V. IV; the motion was seconded by
Commissioner Taliaferro and unanimously approved. The Commissioners re-
Continued
STREET ARTISTS PROGRAM COMMITTEE - 9/20/83 Minutes Page 3
quested that Mr. Wild be notified of the Program Committee's recommenda-
tion, the date of its submittal to and consideration by the Art Commission,
and the artist's right to hearing before the full Commission.
C. Dolores Kalom - Ms. Kalom appeared with her attorney, Ms. Sandra Coliver.
Mr. Lazar reported the Advisory Committee's findings with respect to Ms.
Kalom' s alleged Street Artist Violation II: according to the Advisory
Committee's minutes, Ms. Kalom 's work "overall ... is beautiful - far
surpasses most work on the street. We find the photo not clear enough
to determine all of the necklaces. There is one necklace we can see that
is in violation - the white shell bird-pendant violates S.A.V. II pendant
criteria. " The Advisory Committee had further observed that some of Ms.
Kalom's necklaces (shown to the Committee) "do not meet criteria in the
sense that some of her necklaces appear to be strung the same as purchased."
The Advisory Committee had cited a coral necklace as being strung as purchased
and an abalone bird pendant as not meeting the pendant criteria. Mr. Lazar
reported that the Advisory Committee had not been in agreement as to whether
the few examples in question represented a violation of her work since the
work itself was considered of the highest calibre.
Ms. Kalom presented samples of her work to the Program Committee.
Commissioner Taliaferro, citing the Advisory Committee's findings of
overall excellence of work and the members' division of thought with
respect to two or three of Ms. Kalom's items, moved that the charge of
Street Artist Violation II against Ms. Kalom be dismissed and that in
the future, if Ms. Kalom has a question on the legality of an item, Ms.
Kalom submit the item to the Advisory Committee; the motion was seconded
by Commissioner Goerner and unanimously approved.
Commissioner Goerner referred to a September 20, 1983 letter-communication
from Attorney Margolin and questioned Mr. Lazar about the third point
raised by Mr. Margolin, that Ms. Kalom never received a Notice of Alleged
Violation of Certification since the August 1, 1982 incident and that she
had been first notified of the charge of Violation II when she received
notification of hearing seven months after the incident. Mr. Lazar stated
that the August 1, 1982 incident involved an alleged violation of assault
and obstruction of duty of the Art Inspector, that he had written for
City Attorney clarification on whether the Art Commission had the authority
to suspend or revoke for reasons of assault and obstruction of duty, and
that he had been advised by the City Attorney's Office to hold the case
on file until such clarification was received. The City Attorney's clarifi-
cation was written six months later, February 1, 1983; and Ms. Kalom was
notified for hearing in March. Commissioner Goerner said that there was
merit in Mr. Margolin's charge that such delay deprived Ms. Kalom of
due process rights.
Ill RENEWAL OF TEMPORARY SALES SPACES FOR CHRISTMAS SEASON (PROPOSAL FROM
STREET ARTISTS ASSOCIATION)
Continued.
STREET ARTISTS PROGRAM COMMITTEE - 9/20/83 Minutes Page k
Ms. Linda Stark of the Street Artists Association presented maps of the
temporary sales spaces which had been approved for the previous Christmas
season. She told the Program Committee that many of the spaces had been
economically viable. She said that if the Committee would approve, in
principle, the concept of renewal of the spaces, her organization would
be able to meet with Mr. Lazar and with Mr. Pflueger of the Downtown
Association; if the Downtown Association approves of the proposal, it
could be submitted to the Board of Supervisors by November.
Mr. Lloyd Pflueger, General Manager of the Downtown Association, told the
Committee that the spaces last Christmas worked out well, but his organi-
zation was recommending deletion of the three spaces on Post Street, north
side, Stockton to Grant, as it is a narrow, busy street. His Association
favored Ms. Stark's proposal for spaces on Stockton between Geary and
O'Farrell (the back side of Neiman-Marcus) . He added that his organization
would agree to other spaces that could be legally created. He said that
the BART exit at the foot of Montgomery and Post could yield additional
spaces: there is no need to maintain a five-foot distance between spaces
around the BART wall; instead of the five-foot requirement, two feet could
be maintained and this would provide for four or five additional spaces.
The ordinance would have to be amended. He said that his Association
agreed in principle to the renewal of the temporary spaces, minus the
three on Post Street.
Ms. Robin Schutte of Elizabeth Arden Salon and President of Post Street
Promenade told the Committee that the block of Post Street between Grant
and Stockton is very narrow, there is a flower merchant in front of
Gumps, and traffic congestion last Christmas was the biggest problem.
She said that, in the last week before Christmas, there were six to seven
street artist tables when only three spaces had been approved.
Mr. William Goulet of Gumps told the Committee that he did not object to
street artists. He pointed out two concerns of his store: (l) having a
flower stand in front of Gumps; and (2) street artists creating an obstruc-
tion to the flow of traffic in front of the Gumps windows. He said that
it has been a San Francisco tradition for people to see these windows, the
crowds that gather in front of them are very congested, and the presence
of street artists would visually break the progression of window-to-window
story-telling aspect.
Commissioner Taliaferro moved that the concept of renewal of the temporary
sales spaces downtown for Christmas be approved, with the proviso that
the three spaces proposed for Post Street, north side, Stockton to Grant,
be deleted, and that the location of the spaces be reviewed and agreed
upon by the Street Artists Association, the Downtown Association, and
the Street Artists Program staff; the motion was seconded by Commissioner
Goerner and unanimously approved.
Ms. Stark said that the number of spaces would stay consistent with the
number provided for last year, as six of the spaces which were not viable
could be deleted and replaced by the creation of additional ones on
Continued
STREET ARTISTS PROGRAM COMMITTEE - ,9/20/83 Minutes Page 5
Stockton at O'Earrell and new ones around the BART exit on Montgomery
and Post. She said that the first two weeks of December are usually
slow, and her association would like to talk with Mr. Averbuch of The
Market Street Project to set up a fair in United Nations Plaza to promote
the Christmas season.
NEW BUSINESS
Commissioner Goerner commented that several street artists came to the
Program Committee to report on money collection at the lotteries to pay
for the services of Attorney Margolin for his alleged part in the re-
designation of spaces on Stockton Street. The Commissioner said that his
Committee had not been aware of any involvement of Mr. Margolin in this
matter; he asked Ms. Stark for clarification on this.
Ms. Stark said that the Street Artists Association is non-profit and
collects funds to cover legal expenses. She said that what Mr. Margolin
did, primarily, was to negotiate with the Art Commission last spring with
regard to the Commission's proposal to relinquish its role in the Street
Artists Program, and also Mr. Margolin had been involved with trying to
negotiate the re- designation of the Stockton Street spaces long before
the Art Commission got involved in the matter.
Commissioner Goerner stated that both Commissioner Taliaferro and he -
as well as the consensus of the Art Commission - felt it was not proper
to collect funds during the lottery time. Commissioner Taliaferro stated
that many artists feel they cannot obtain a space without giving a donation.
Ms. Stark replied that the collection was not done during the lottery but
afterward at the sign-in, and that, since then, they have agreed to do it
after people have set up.
Commissioner Goerner asked that, in the future, the Street Artists Program
Committee and the Commission be aware of the Association's efforts so that
there could be coordination of effort on key matters.
Request by Applicant Luz Simco for Priority in Issuance of Certificate -
(this request had come to office after agenda for meeting had been mailed)
Ms. Simco had applied September 23, 198l, and was sent notice in January,
1983; the notice was returned to the office. Commissioner Goerner moved
that Ms. Simco' s request for priority be approved; the motion was seconded
by Commissioner Taliaferro and unanimously approved.
Commissioner Goerner suggested that the Program consider sending its mail
registered. Commissioner Taliaferro said it would be proper to do so as
legally as possible, and that this expense could be covered by the
certificate fee increase.
Request for Disabled Veteran Exemption in Obtaining Certificate - Mr. Lazar
reported that he had received a request from a disabled veteran for priority
Continued
STREET ARTISTS PROGRAM COMMITTEE - 9/20/83 Minutes Page 6
above the waiting list in the issuance of a certificate. Mr. Lazar had
checked with the City Attorney on whether the Art Commission could
grant such an exemption; he presented copies of the City Attorney's
letter-response, to the Commissioners: under existing street artist law,
the Art Commission could not grant such exemption; amending language would
be needed for enactment by the Board of Supervisors. According to the
letter, "... Because of the strong public policy embodied in state,
federal and local laws with respect to veterans' preference, we have
concluded that such legislation may be enacted by the Board of Supervisors
and would not be in conflict with the provisions of the street artists
initiative ordinance ..." In other words, such legislation would not
have to go to the ballot. Mr. Lazar asked that the Program Committee
hold a hearing on this issue. Commissioner Taliaferro directed him to
place it on the following month's agenda.
Amendments to Lottery Regulations - Ms. Stark informed the Committee that
75 out of 150 artists at a recent lottery submitted to a survey regarding
changes they would like to see in lottery procedures. She said that at
a Lottery Committee meeting Mr. Lazar had asked the Committee to compile
all recent amendments to lottery rules voted on at the lotteries and to
submit this list to the Street Artists Program Committee. Ms. Stark
said that she would try to compile it in time for the Program Committee's
next meeting.
Commissioner Goerner moved that a hearing be held on amendments to lottery
regulations at the next meeting of the Program Committee; the motion was
seconded by Commissioner Taliaferro, and unanimously approved.
The meeting adjourned at 3*37 p.m.
Respectfully submitted:
Howard Lazar
City and County of San Francisco
£P
3^;
\o/zs/i3
STREET ARTISTS PROGRAM COMMITTEE
^ Ar.t Commission
UwJUMENTS DEPT.
OCT 1 7 1983
SAN FKANCiSCO
pu ' • ■■■'• ' i oapy
Commissioners
Rosclyne Swig
President
Dmitri Vedensky, Jr.
\l\ca President
Vernon Alley
Blanche Brown
Fredrick Goerner
Robert I.aRocca
Richard Mayer
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriyuez
liny Tn I i ;i Fcrro
Ex Officio Members:
Mayor Dianne Feinstein
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
Tuesday, October 25, 1983
2:00 p.m.
Main Library -, Commission Room (3rd floor)
Larkin and McAllister Streets
San Francisco
^s. A G E N D A
I REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Ira S. Kessey - Certificate #2804 expired July 6, 1983;
Mr. Kessey' s request for priority received by office
September 27,, 1983.
II ' REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Modupe Olufunni - applied October 7i 1983; letter from
applicant states previous application in 1978.
III CRAFT VIOLATION HEARINGS
A. Lisa Berkelhammer - letter received by office on Sept. 23rd
withdrawing complaint against Ms. Berkelhammer
B. Phil Lawrence (Philip Curatola) - Street Artist ' Violation IV,
Section 2 (alleged display of cassette tapes)
Jlaire Isaacs
Director of
Cultural Affairs
IV HEARING ON VETERAN EXEMPTION IN OBTAINING CERTIFICATION
V HEARING ON CERTIFICATION OF THE SALE OF CASSETTE TAPES
VI HEARING ON AMENDMENTS TO LOTTERY RULES
VII ADVISORY COMMITTEE FINDINGS (OCTOBER 18 HEARING) RE: CRITERIA
FOR EARRINGS (BEADSTRINGING)
VIII NEW BUSINESS
115) 558-3463
45 HYDE STREET, ROOM 319
SAN FRANCISCO, 9A102
City and County of San Francisco
5F ^
A "7A Dianne Feipstein
MAYOR
Art Commission
Claire N. Isaacs
DIRECTOR
Commissioners
Uoselyne C. Swig
President
k
\
IJjjiitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ruy Tuliuferro
Kx Officio Members:
Presidents of the
Pine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
STREET ARTISTS PROGRAM COMMITTEE
■^ October 25, 1983
Main Library - Commission Room DOCUMENTS DEPT.
Larkin and McAllister Streets
San Francisco ,'
MINUTES
NOV 9 1983
SAN FRANCISCO
PUBLIC f IRRAPY
Present: Commissioners Taliaferrci and Hanson
Chairman Taliaferro called the meeting to order at 2:07 p.m.
I REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Ira S. Kessey . Mr. 1 Kessey did not appear. No action was
, . taken.
II REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Modupe Olufunni . Ms. Olufunni told the Committee that she
had applied for a certificate in October, 1978, and had been
out of the country when she was notified for review. She
said the notice had been received by her brother who had
then called i her. She further stated that Mr. Thomas (the
Assistant Director of the Street Artists Program) 'had said
that she could be screened when she got back in town.
Program Director Lazar stated that he had checked the waiting
lists of applicants from 1976 to the present, as well as the
lists of persons notified, and had found, no record of her,
name . • ,
Commissioner Taliaferro stated that Mr. Thomas had left the
Program over a year ago. The Commissioner moved that Ms.
• Olufunni 's request for priority be disapproved; the motion
was seconded by Commissioner Hanson and unanimously approved.
Ms. Olufunni said she would appeal to the full Commission.
Ill CRAFT VIOLATION REVIEWS
A. Lisa Berkelhammer (charged with alleged Street Artist Viola-
,tion III). Ms. Berkelhammer appeared. Commissioner Taliaferro
acknowledged that the private complaint against Ms. Berkel-
hammer had been withdrawn. The Commissioner moved that the
charge against Ms. Berkelhammer be dismissed; the motion was
seconded by Commissioner Hanson and unanimously approved.
Continued.
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 9'
STREET ARTISTS PROGRAM COMMITTEE - 10/25/83 Minutes Page 2
B. Phil Lawrence (Philip Curat ola) (charged with alleged Street Artist
Violation IV, Section 2). Mr. Lawrence appeared with his attorney,
Mr. Alan Hoffman.
Commissioner Taliaferro reported on the recently received City Attor-
ney opinion regarding "Certification of the Sale of Cassette Tapes
Under the Street Artists Program." The Commissioner said he disagreed
with the opinion, but that he would recommend that the Advisory Com-
mittee create the new category and that Mr. Lawrence be certified
under it. The Commissioner further made the following points:
1) The Art Commission had always considered its Street Artists
Program as a visual arts program, not a performing arts program; the
City Attorney will have to be questioned on whether the street artists
law is to be so broadened as to include the licensing of performers.
2) The City Attorney should be requested to answer specifically
the question of whether the Street Artists Program is supposed to
certify for the performing arts, including movies.
3) The inclusion of movies and other performing arts will bring
about a total revision of the street artist sales spaces; the Commis-
sion will have to request the Board of Supervisors for additional
spaces.
k) How will the Commission regulate its space-assignment lotteries?
Will there be one lottery for performing artists and another for visual
artists?
5) Should the street artists law be changed to reflect more
specifically what the people had in mind when they approved it?
6) Before Mr. Lawrence may be certified for cassette tapes, the
Advisory Committee will have to create a category for audio cassettes
with imposed limits on their sale. If a certificateholder is permit-
ted to sell all the tapes he can process, then the rules governing
sale limits on other crafts will have to be revised.
Commissioner Hanson said that she had been out of the country
and had only very recently been able to look at the City Attorney's
opinion. She said that the points raised in the opinion were of such
significance as to warrant the City Attorney's reconsideration of the
whole issue. She responded to the "Proposed Guidelines for Administer-
ing Certification and Sale of Cassette Music Production" set forth
in Mr. Hoffman's letter of October 21, 1983, to the Program Committee:
1) In reference to Commissioner Alley's volunteering of his
expertise to the Advisory Committee, Commissioner Hanson said that
Mr. Alley was not a permanent Art Commissioner, and that there would
have to be a provision for obtaining and funding the necessary expertise
in creating the new certification category.
Continued
STREET ARTISTS PROGRAM COMMITTEE - 10/25/83 Minutes Page 3
2) In reference to Mr. Hoffman's position that "Mr. Lawrence's
work would fit within the definition of family unit," Commissioner
Hanson said that she did not believe "family unit" was meant to apply
to a situation in which an artist contracted with others for their
artistic services.
3) Much has been left unsettled by the City Attorney's opinion.
Mr. Hoffman told the Committee that Commissioner Alley had volunteered
to provide the expertise which the Advisory Committee had asked for
in their letter of October 6, 1982. The Commissioner had volunteered
subject to President Swig's permission which had been given.
Commissioner Taliaferro said that if the City Attorney were to assert
that his interpretation of the street artists law was so broadened as
to include performing artists, the composition of the Advisory Com-
mittee would have to be reconsidered so that a member would be a
performing artist.
Mr. Hoffman said that his client's art work was not a performance
but an item on which a performance was recorded; he felt that the
City Attorney would make this same distinction.
Commissioner Taliaferro maintained that the tape and the plastic of
the cassette were not of Mr. Lawrence's creation, and that what was
being offered for sale was the performance.
Mr. Hoffman requested that it be stated for the record that there
was a fundamental disagreement here. He stated that it was the total
production which his client was selling: he had produced his performance
in a studio, and it was now a tangible item which could sit on a table.
With regard to the concern over the sale of movies, Mr. Hoffman said
he believed that on a practical matter such producers would not be
interested in selling in the Street Artists Program. He said that this
would open the Program to independent videocassettes; and if this were
to open the door for the designation of more sales spaces, the Art
Commission would be very popular.
Commissioner Taliaferro responded that this step did not mean that
the Board of Supervisors would necessarily provide more spaces. It
did mean that there would be a "crunch" on the existing spaces.
Mr. Hoffman made the following points:
l) In limiting the number of cassettes his client could sell,
the Advisory Committee would have to consider the characterisitics
that distinguish this art form from prints. The expert on the Ad-
visory Committee - or Commissioner Alley - would be knowledgeable
in the expenses inherent in the art, and this person should be the
one to determine the number of multiples.
Continued
STREET ARTISTS PROGRAM COMMITTEE - 10/25/83 Minutes Page k
2) Program Director Lazar (responding to Mr. Hoffman's query
in advance of the meeting) had said that two of the three members
had agreed to adopt the City Attorney's opinion; based on this, Mr.
Hoffman did not bring in his art scholar witnesses. He asked the
Commission to stick to that assurance.
3) The City Attorney's opinion stated that "family unit"
pertained to a musician accompanied by other musicians.
Commissioner Taliaferro said there were only two members on the
Program Committee now. Commissioner Goerner had resigned.
Commissioner Hanson recommended that the opinion be sent back to the
City Attorney, with the questions raised by the Program Committee,
for further analysis. The questions would include whether performing
artists would come under the street artists law which she felt had
been written with respect to visual artists ... What specifically
would be the Art Commission's new responsibilities? ... What funding
would be implied by those responsibilities? ... Can the law be
broadly interpreted to include other manifestations of performing
arts - slides, movies, other documentation or performing arts?
Mr. Hoffman said that the questions raised did not pertain to the
question answered by the opinion, and that there was nothing further
for the City Attorney or the Program Committee to consider. He sub-
mitted into evidence a petition of 86 street artist signatures in
support of Mr. Lawrence. He submitted a copy of a letter from a
purchaser of his client's art, who appreciated it. He also submit-
ted a copy of the copyright held by his client for a work of art
which was a tangible item.
Commissioner Taliaferro moved that the issue be put over for another
thirty days during which time (a) the Committee's questions be sub-
mitted to the City Attorney, and (b) a special meeting of the Street
Artists Program Committee be held with the Advisory Committee, the
City Attorney, and all other interested parties, with respect to the
nature of the Street Artists Program; the motion was seconded by
Commissioner Hanson and unanimously approved.
The meeting was scheduled for Tuesday, November 15th, at 2:00 p.m.
Commissioner Taliaferro said that the 86 artists in support of Mr.
Lawrence were invited to attend, as well as the art scholars whom
Mr. Hoffman was prepared to present.
Mr. Hoffman stated that he wanted the record to show he was requesting
an appeal of this particular disposition of the issue, before the
Art Commission.
Commissioner Taliaferro moved that the charge against Mr. Lawrence
be dismissed; the motion was seconded by Commissioner Hanson and
unanimously approved.
Continued
STREET ARTISTS PROGRAM COMMITTEE - 10/25/83 Minutes Page 5
IV HEARING ON VETERAN EXEMPTION IN OBTAINING CERTIFICATION
Mr. Lazar informed the Committee that he had, for the second time,
notified the two individuals who had requested the Street Artists
Program and the City Attorney's office for veteran exemption priority
above the waiting list of applicants. They were not present. Street
Artist Michael Rogers read a passage from California law which provides
for veteran exemptions.
Commissioner Taliaferro moved to put over hearing the issue to the
regular meeting of the Program Committee in November; the motion was
seconded by Commissioner Hanson and unanimously approved.
V HEARING ON AMENDMENTS TO LOTTERY RULES
The Committee was informed by Mr. Lazar that the proposed temporary
sales spaces downtown for the Christmas season met with the approval
of the Downtown Association and will be submitted to the Board of
Supervisors in the following week. Mr. Lazar had met with the Lot-
tery Committee to draft a procedure, for a trial period, which would
enforce the lottery rules and help maintain peace in the spaces during
the Christmas season.
Ms. Linda Stark, President of the Street Artists Association and mem-
ber of the Lottery Committee, submitted .the lottery proposal to the
Program Committee. She said that the reason for the proposal had not
been put to a vote of the artists because the Committee was attempting
to implement a rule already in existence: any artist who obtains a
space cannot give it away. Since this was the original intent of the
lottery system, the submitted proposal set forth a procedure for en-
forcing the rule. There would be penalties (after hearings by the
Lottery and Program Committees) given to anyone who does not use a
space they selected, with the exception of those persons who notify
a lottery member that they wish to relinquish the space, or in the
instance of a mistake or misunderstanding. The procedure was aimed
at deterring "chronic abusers" of the lottery system.
Street Artist Michael Rogers raised three objections:
1) He maintained that, according to the lottery rules, all lot-
tery guidelines have to be submitted for a vote by the artists in a
lottery.
2) The Lottery Committee must remain non-political, according
to the rules, unless a petition of twenty- five valid street artists
requests the Committee to initiate political activity.
3) It was a special interest group who had formulated this
proposal; Mr. Rogers had no objection to "cleaning up the street" so
long as all the laws were enforced.
Continued
STREET ARTISTS PROGRAM COMMITTEE - 10/25/83 Minutes Page 6
Mr. Lazar clarified that it was not the Lottery Committee who had
initiated the proposal; it was he who had asked the Lottery Commit-
tee to work on it for presentation to the Program Committee, in the
interest of maintaining peace and order on the streets this Christ-
mas and as a good faith gesture to the Downtown Association who had
given their endorsement of the spaces.
Street Artist William Clark made the following points:
1) He suggested that the rule requiring an artist to have his
lottery slip at all times while occupying a space be changed to
require that the slip be attached to the display once it is placed
in a space.
2) According to Section 2^10 of the street artists ordinance,
a person "shall be guilty of an infraction and subject to a fine"
for violating any of the street artist rules or regulations. There-
fore, in the instance of a lottery violation, it is not within the
duty or jurisdiction of the Art Commission to suspend a certificate.
Rather, it is the duty of the Commission, through its lottery, to
call the Police to handle the problem. No one, Mr. Clark said,
has thus far done this.
Street Artist Eunice Rodriguez said that a group of people have tried
to control and run the Street Artists Program, and that artists are
not checked by the lottery for their State Sellers Permits (required
by law for participation in the lotteries).
Street Artist William Kaufman told the Program Committee that the
practice of giving a space to another artist has made it possible
for him to use his wife's space while she has to be home with their
child, and vice versa.
Street Artist Vicky Carp stated that the proposal was not from a
select group but from the Lottery Committee who are elected by the
artists themselves.
Lottery Member Jill Schlesinger said it was her duty to help the
lottery run smoothly, that the giving away of spaces was a very
clear abuse of the intent of the regulations, and that the penalties
should be enforced on those who sign up for a space and give it away
rather than on those who are given the spaces.
Ms. Stark said it has gotten to the point where many people have
lost faith in their lottery unless they are able to bring other
people to the lottery to obtain spaces for them.
Street Artist Robert Clark said that Lottery Members are elected
solely to run the lottery, and that enforcement should be on the
Continued
STREET ARTISTS PROGRAM COMMITTEE - 10/25/83 Minutes Page 7
person who was given a space, because it could be readily seen
that he would have no slip for it. He also said that Lottery
Members were giving away spaces and breaking other rules.
Commissioner Taliaferro commended those artists who had spent their
time to let the Art Commission know, at its request, what the flagrant
problems were. He advised Mr. Lazar to send out a memorandum to the
Police and the merchants, calling their attention to these problems,
and assuring them that the Art Commission will take steps to enforce
the rules. He added that the Commission would be guided by the
recommendations of the proposal in implementing, to the best of its
ability, the law.
Commissioner Taliaferro moved that Program Director Lazar use the
Lottery Committee proposal to develop procedures for enforcing
lottery violations; the motion was seconded by Commissioner Hanson
and unanimously approved.
VI ADVISORY COMMITTEE FINDINGS RE: CRITERIA FOR BEADSTRINGING EARRINGS
Mr. Lazar reported that the Advisory Committee had come up with new
criteria for beadstringing earrings but had lacked a quorum; a vote
will be taken at their meeting on the following month.
VII NEW BUSINESS
Commissioner Taliaferro said that the Street Artists Program was
generally considered to be one of the most dynamic programs of the
Art Commission. He expressed deep regret over the resignation of
Commissioner Fred Goerner and stated that the Commissioner was one
of the very best to have served on the Street Artists Program Committee,
Commissioner Taliaferro invited artists to call the Program office
if they see violations of the Street Artist Violation Code. If there
are problems of a more physical nature, he said, the Police should be
called. Street Artist William Clark asked if the Art Commission
would forward a street artist complaint to the District Attorney, if
so requested. Commissioner Taliaferro said that the Commission would.
Street Artist Eunice Rodriguez asked that the Commission check all
street artists for the validity of their California Seller's Permits.
The meeting adjourned at 4:31 p.m.
Respectfully submitted:
^W^^^y\^
Howard Lazar
City and County of San Francisco
Arts Commission
A70,75
n/ii/83
Dianne Feinstein
MAYOR
Claire N. Isaacs
DIRECTOR
Commissioners
Roselyne C. Swig
President
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Kx Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
STREET ARTISTS PROGRAM COMMITTEE
Tuesday, November 22, 1983 - 2:00 p.m.
Public Library - Commission Room (3rd floor )
Larkin and McAllister Streets
San Francisco
i
AGENDA.
I REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Carolyn Dale - Certificate #2886 expired 9/17/83; her request
for priority received by office 10/20/83; hearing re-
scheduled from 10/25/83.
II HEARINGS ON ALLEGED CRAFT VIOLATIONS
A. John Beard - alleged violation Section 2 (of S.A.V. IV): '
alleged display of belts.
B. Toney Burkhart - alleged violation Section 2 (of S.A.V. IV):
alleged display of metal pendants.
III HEARING ON PROVISION FOR VETERAN'S EXEMPTION IN OBTAINING
CERTIFICATION
IV RECOMMENDATIONS FROM ADVISORY COMMITTEE RE: EARRINGS CRITERIA
(BEADSTRINGING) AND CLOISONNE PENDANT.S
V NEW BUSINESS
ITS DEPT.
NOV 2 2 1983
ISCO
* pi 1 ■ ■> 1 ^ " IB ft A P Y
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
City and County of San Francisco
-•if:
Arts Commission
Commissioners
Hoselyne C. Swig
President
<C
P
A "")/*> ""7<r Dianne Feinstein
^ U * ^ MAYOR
:g* STREET ARTISTS PROGRAM COMMITTEE
November 22, 1983
Main Library - Commission Room
Larkin & McAllister Streets
San Francisco, California
SSeMINUTES
Claire N. Isaacs
DIRECTOR
DOCUMENTS DEPT.
DEC 6 1983
SAN FRANCISCO
piioi ir » ip.rary
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
Present: Commissioner Hanson
Commissioner Hanson called the meeting to order at 2:05 p.m. The
Commissioner stated that, in the absence of a quorum, the Program
Committee would be able to hear testimony but could not vote on
any issue. Commissioner Hanson would submit the items to the full
Art Commission at its next , meeting, for a separate vote on each item.
(The items are listed at the end of these Minutes.)
I REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Carolyn Dale (Certificate #2886 had expired September 17, 1983;
her request for priority had been received by the Program office
on October 20, 1983.) Ms. Dale told Commissioner Hanson that
she had not had her certificate with her at the time she had
been in Portland with her sister who had been undergoing
chemotherapy. She had not been aware of the certificate's
expiration date. Commissioner Hanson said she would ask the
Commission to approve Ms. Dale's request.
II HEARINGS ON ALLEGED VIOLATIONS
•
A. John Beard (alleged violation Section 2 of S.A.V. IV; alleged
display of belts) Mr. Beard told Commissioner Hanson that at
his hearing with the Advisory Committee, the Committee had not
wanted to examine his items. He added that he thought the
belts were covered under his certified category of fabricated
jewelry.
Advisoey Committee Member Sandra Rott explained that Mr. Beard
had been screened oh September 27, 1983 and approved for fab-
ricated jewelry and, at the time, had sought approval for belts.
Because of his insufficient amount of examples, Mr. Beard had
been told to arrange for a screening of his belts at a future
time. At his violation hearing, Mr. Beard, she said, stated
he had not been clear that he had to 'have his belts screened
separately.
Program Director Lazar told Commissioner Hanson that the Advisory
(415) 558-3463
45 HYDE STREET - ROOM 319
Continued
SAN FRANCISCO, 94102
STREET ARTISTS PROGRAM COMMITTEE - 11/22/83 Minutes Page 2
Committee had not made a finding as to whether the belts were made by
Mr. Beard and therefore no finding was submitted for consideration by
the Program Committee.
Commissioner Hanson said the case should go back to the Advisory Committee.
B. Toney Burkhart (alleged violation Section 2 of S.A.V. IV; alleged display
of metal pendants) Mr. Burkhart stated that he thought his present sus-
pension which he had accepted as a standard penalty for S.A.V. IV covered
the entire violation and that he could now get his item screened and
certified.
Mr. Lazar stated that the standard penalty accepted by Mr. Burkhart was
only for the first part of the violation (S.A.V. IV), and that Mr. Burkhart
had been informed on the very standard penalty form which 'he had signed,
that Section 2 of the violation would be heard mandatorily by the Art Com-
mission and its committees. Mr. Lazar further stated that the Advisory
Committee had not made a finding as to whether Mr. Burkhart made the items
for which he had been cited.
Advisory Committee Member Sandra Rott stated that her Committee had said
it was questionable as to whether he made the items because he showed
only one example.
Commissioner Hanson said the case should go back to the Advisory Committee
as part of the procedure.
III HEARING ON PROVISION FOR VETERAN'S EXEMPTION IN OBTAINING CERTIFICATION
Mr. Lazar stated that he had invited the veteran who had submitted the
request for exemption, to attend, but he was not present. Street Artist
Eunice Rodriguez said that people who fought for their country have the
right to have a little more eligibility to make a living. Street Artist
Al Gamarra supported this view. As no clear proposal had been submitted,
the issue would be taken up at a later date.
IV RECOMMENDATIONS FROM ADVISORY COMMITTEE RE: EARRINGS CRITERIA (BEADSTRINGING)
AND CLOISONNE-TYPE PENDANTS
Mr. Lazar reported on the new criteria voted on by the Advisory Committee
at its meeting of November 15th and said he recommended a 90-day delay
in implementation of the criteria.
Advisory Committee Members Sandra Rott and Mathew Porkola spoke of their
hearing on considering the elimination of commercially-manufactured
cloisonne-type pendants from the Program, due to reported radioctivity
in the glazes of the pendants. Mr. Porkola said he spoke with personnel
of the radiology lab in Berkeley who said their figures on the radioactivity
Continued
STREET ARTISTS PROGRAM COMMITTEE - 11/22/83 Minute a ' Page 3
in the pendants were very low; Mr. Porkola said this differed from the
NRC's positinn. Ms. Rott said that the issue was not settled. Mr. Porkola
said that his Committee had been divided on whether to recommend a mora-
torium on the pendants. The Committee members requested more time'to
explore the issue.
V NEW BUSINESS
Requests by Former Certificate-Holders . Program Director Lazar reported
on his office's receipt of requests by two former certificate-holders -
Ray Storch and Iris Settles - for priority in issuance of certification.
Mr. Storch 's certificate #2689 had expired October 13, 1983, and Ms.
Settles' certificate #284^ had expired September 7, 1983. Both had
requested Mr. Lazar to submit their requests to the Program Committee
as they had stated an inability to appear. Mr. Lazar told Commissioner
Hanson that the requests for priority had been submitted within the
three-month period allotted by the Commission.
Cliff House Lottery . Mr. Lazar Submitted a letter-request by a street
artist for a more equitable lottery distribution of the three spaces
at Point Lobos, in front of the Cliff House. The letter alleged that
all members of family units were entering the lottery and competing
with single artists which, by odds, was unfair. Mr. Lazar said he would
investigate the Cliff House Lottery procedure, speak to the people who
use the spaces, and report with recommendations at a later date to the
Program Committee. Commissioner Hanson said further discussion would
follow when the recommendations are submitted.
Amendment to Minutes . Commissioner Hanson said she would ask the Art
Commission to amend the Program Committee's Minutes of October 25, 1983,
page 2, last paragraph.
Lottery-Occupancy Rule . Street Artist Eunice Rodriguez stated that if the
Commission were to enforce the lottery's occupancy rule for the downtown
spaces, it would not be fair, as the rule has not been enforced at the
Wharf, and also lottery members have been allowed to trade their days
of running the lottery.
The meeting adjourned at 3:09 p.m.
SUMMARY
The following items are to be submitted for a vote by the Art Commission
at its next meeting:
1) Requests by former certificate-holders for priority in issuance
of certificate: Carolyn Dale, Ray Storch, Iris Settles.
2) Criteria recommended by the Advisory Committee for "Earrings
(Beadstringing)" to be implemented 90 days after Commission
continued
STREET ARTISTS PROGRAM COMMITTEE - 11/22/83 Minutes ■ Page k
resolution:
"A commercially manufactured pendant may be permissible
in an earring when the pendant has been determined by
the Advisory Committee to be an integral element of,
and/or subordinate to, the total design of the earring."
3) Amendment to Street Artists Program Committee Minutes of October 25,
1983; page 2, last paragraph, to be amended in reference to Com-
missioner Alley.
Respectfully submitted:
Howard Laz'ar ^
City and County of San Francisco
Arts Commission
SP
/\"70«"7S Dianne Feinstein
4 o MAYOR
Claire N. Isaacs
DIRECTOR
Commissioners
Roselyne C. Swig
President
Dmitri Vodunsky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
DOCUMENTS DEPT.
DEC 1 4 1983
SAN FRANCISCO
piirM |^ J IRRAPV
♦STREET ARTISTS PROGRAM COMMITTEE
Monday, December 19, 1983 - 2:30 p.m.
Main Library,- Lurie Room (1st floor)
Larkin and McAllister Streets
San Francisco, California
r«5 A G E N D A
I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Joe Russo - Certificate # 277 expired October 1, 1983;
Mr. Russo' s request for priority received by office
December 1, 19&3.
B. Jane Thompson - Certificate # 26^+0 expired October 30,
1983; request for priority received by office December 6,
1983; Ms. Thompson requests also extension of time to 1
renew by mail.
C. Wang Leong Tong - Certificate # 2607 expired November 27,
1983; request for priority telephoned to office
December 12, 1983.
II REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Susan Costa - applied May 9, 1983; listed as "wife" on
husband Paul Costa's application of January 20, 1982,
sharing in the creation of items. ,
III REQUEST BY STAFF FOR DELETION OF STANDARD PENALTY PROVISION
FOR STREET ARTIST VIOLATION IV, STREET ARTIST VIOLATION CODE
IV NEW BUSINESS
* * *
415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
City and County of San Francisco
/a/Oj 'S Dianne Feinstein
U j MAYOR
llM/*3
Commissioners
-s Arts Commission
Claire N. Isaacs
DIRECTOR
STREET ARTISTS PROGRAM COMMITTEE
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
; William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
i Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
December 19, 1983
Main Library - Lurie Room
Larkin and McAllister Streets
San Francisco, California
^MINUTES
uOCUMENTS DEPT.
JAN 6 1984
SAN FRANCISCO
pi |c-m ic ' intf/kpv
Present: Commissioner Taliaferro
Commissioner Taliaferro called the meeting to order at 2:^+0 p.m. and
stated that, in the absence of a quorum, he would hear but not act
upon the agenda's business and would submit any business requiring
action to the full Art Commission at its next meeting.
I REQUEST BY APPLICANT SUSAN COSTA FOR PRIORITY IN ISSUANCE OF
CERTIFICATE
Susan Costa applied for a street artist certificate on May 9,
I983. She appeared with her husband Paul Costa. Program
Director Lazar explained that, previously, the Costas had
requested priority for Mrs. Costa at the time her husband's
name had come up for certification. Mr. Costa, who had applied
January 20, 1982, had stated that he had thought his application
had been for both his wife and himself, and that he ,had not
understood that Mrs. Costa's name had had to appear on it.
Their request, nevertheless, had been disapproved (Art Commis-
sion Resolution #1983-696, Sept. 7, 1983). Mr. Lazar stated
that recently he had occasion to examine Mr. Costa's file and
had observed that the application stated that the items for.
which Mr. Costa sought certification were "handmade by me and
my wife." Mr. Lazar said that, while Mrs. Costa's name was
not stated, the mention of "wife" appeared evident that it
was meant to have included her. Mr. Lazar had asked the
Costas to bring to the Committee verification of their marriage .
at the time of Mr. Costa's application.
Mr. Lazar submitted a copy of Mr. Costa's application. The
Costas submitted their marriage certificate which was dated
December 27, 1973, Reno, Nevada.
Commissioner Taliaferro said that he would recommend, at the
Art Commission meeting, that Resolution #1983-696 be rescinded
and that Mrs. Costa's request for priority in issuance of
certificate be approved.
II REQUESTS BY FORMER CERTIFICATE- HOLDERS FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
Continued,
•15) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
STREET ARTISTS PROGRAM COMMITTEE - 12/19/83 Minutes Page 2
A. Joe Russo - Certificate #277 had expired October 1, 1983. Mr. Lazar
submitted Mr. Russo' s request for priority (received by the office
on December 1st) which stated that the artist had been unable t'o
renew because of the death of his mother and because he had been
with her and their family in Connecticut.
Commissioner Taliaferro said he would recommend to the Art Commission
that Mr. Russo' s request for priority be approved.
B. Wang Leong Tong - Certificate //2607 had expired November 27, 1983;
Mr. Tong had called the office on December 12th to request priority
and had subsequently sent a letter stating that he had mistaken the
certificate's expiration date of November 27th for "December 27" and
had left his certificate home while he travelled the country. Mr. Tong
explained this to Commissioner Taliaferro who said he would recommend
that Mr. Tong's request for priority be approved.
C. Jane Thompson - Certificate #26*f0 had expired October 30, 1983; her
request for priority had been received on December 6th. Mr. Lazar
told Commissioner Taliaferro that it had been time for Ms. Thompson
to renew in person, after having renewed by mail for two consecutive
renewals, and she had been unable to come to San Francisco due to
financial difficulties. With her request for priority, Ms. Thompson
was also requesting an extension of time to renew by mail - six
months to a year - "as it is financially impossible to return to
San Francisco at this time."
Commissioner Taliaferro stated that he would recommend to the Com-
mission that Ms. Thompson's request for priority be approved and
that a six-month extension for renewal by mail be granted to her.
Ill REQUEST BY STAFF FOR DELETION OF STANDARD PENALTY PROVISION FROM STREET
ARTIST VIOLATION IV (STREET ARTIST VIOLATION CODE)
Mr. Lazar informed Commissioner Taliaferro that for artists who commit
relatively "minor" offenses as failing to display the certificate, the
standard penalty provision of the Art Commission's Violation Code is a
practical means of serving a suspension penalty, similar to "paying a
ticket" rather than having to go through a hearing procedure. However,
the standard penalty as applied to the Code's Violation No. IV has,
through the years, created confusion among artists and Art Commissioners
alike. It has repeatedly been misunderstood that if an artist accepts
the standard penalty for No. IV, he will not be subject to any further
penalties related to IV. Most No. IV cases, however, require mandatory
hearings because part of the violation invariably includes the offense
of displaying wares allegedly not made by the artist, and for this the
artist is subject to additional penalties.
Commissioner Taliaferro said he would recommend to the Art Commission
that the standard penalty provision for S.A.V. IV be deleted from the Code.
Continued
STREET ARTISTS PROGRAM COMMITTEE - 12/19/83 Minutes Page 3
IV NEW BUSINESS
A. Modupe Olufunni . (On November 7i 1983? the Art Commission resolved
to disapprove applicant Modupe Olufunni' s request for priority,
above the waiting list, in issuance of certificate.) Mr. Lazar
informed Commissioner Taliaferro that he had recently discussed the
matter with the former Assistant Director of the Street Artists
Program, Mr. Hari Thomas, who met Ms. Olufunni and told Mr. Lazar
that he remembered speaking to her in the fall of 1980, shortly
after the Art Commission had relocated its office at the War
Memorial. Mr. Thomas told Mr. Lazar that he felt Ms. Olufunni
had applied at that time, and that it was very possible that in
the midst of unpacking and setting up the office, he had erred
in not listing her name on the waiting list.
Commissioner Taliaferro said he would recommend that the Art Commis-
sion rescind its earlier resolution (#1983-7^8) and approve Ms.
Olufunni 's request for pribrity in issuance of certificate.
B. Items for January Agenda . Commissioner Taliaferro asked Mr. Lazar
to place the following items on the agenda of the Street Artists
Program Committee meeting for January, 198^+:
1. Hearings on Alleged Violations;
2. Discussion of the Issue of Certifying Cassette Tapes;
3. Hearing on, the Issue of Granting Priority Certification
to Veterans.
The meeting adjourned at 3:20 p.m.
SUMMARY OF ITEMS FOR ART COMMISSION CONSIDERATION :
1. Requests by applicants for priority in issuance of certificate -
Susan Costa (and rescission of Res. #1983-696) ; Modupe Olufunni (and rescis-
sion of Res. #1983-7^8).
2. Requests by former certificate-holders for priority in issuance of
certificate - Joe Russo; Wang Leong Tong; Jane Thompson (with six-
month extension for renewals by mail).
3. Deletion of standard penalty provision from Street Artist Violation
IV (Street Artist Violation Code).
Respectfully submitted:
Howard Lazar
City and County of San Francisco
^ Arts Commission
Dianne Feinstein
MAYOR
Claire N. Isaacs
DIRECTOR
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
STREET ARTISTS PROGRAM COMMITTEE
Tuesday, January 24, 1984
2:00 p.m.
Main Library - Commission Room (3rd floor)
Larkin and McAllister Streets
San Francisco DOCUMENTS DEPT.
AGENDA
HEARINGS ON ALLEGED VIOLATIONS
Certificate-holder
A. John Beard
B. Toney Burkhart
C. Richard Webster
D. Stephen Wood
E. Mitchell Paradise
F. Terry Harms
JAN 13 1984
SAN FRANCISCO
ptiMUC URRAPY
Alleged' Violation
Section 2 (of S.A.V. IV) - Belt items
of various materials
Section 2 (of S.A.V. IV) - Metal
pendant items
S.A.V. IV, Section 2 (second vipla-
tion) - Cloisonne-type haircombs;
fabric belts with cloisonne-type
pendant/buckles
S.A.V. Ill - Ceramic items
S.A.V. II (second /violation) -
Cloisonne-type and jade-type
pendants
S.A.V. I; IV, Section 2 - Beaded
necklaces; metal pendant-style
earrings and pendants on chains;
metal animal figure pins
IX
HEARING ON VETERAN'S EXEMPTION/PRIORITY IN CERTIFICATION
III REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Herman Berlandt - Certificate #237*+ expired December 1, 1983;
his request by telephone received January 4, 1984.
B. Mary Jocelyn Dacorro - Certificate #2257 expired January 3»
1983; her letter-request received January 4, 1984.
C. M. Alexandra Andrews - Certificate #l8l4 expired November 27*
1982; her letter-request received January 6, 1984.
IV NEW BUSINESS
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
City and County of San Francisco
■srArts Commission
Dianne Feinstein
MAYOR
Claire N. Isaacs
DIRECTOR
STREET ARTISTS PROGRAM COMMITTEE
L>OC UiV] EiMTS DEPT
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
,gr January 24, 1984
Main Library - Commission Room
Larkin and McAllister Streets
San Francisco, California SAM FRANCISCO
MINUTES
Present: Commissioners Taliaferro and Hanson
Chairman Taliaferro called the meeting to order at 2:10 p.m.
I HEARINGS ON ALLEGED VIOLATIONS
A. John Beard . Mr. Beard was not present. Program Director
Lazar informed the Committee that Mr. Beard had not appeared
at his Advisory Committee hearing of January 17th and had
called Mr. Lazar to tell him he was ill. Mr. Beard's hearings
with the Advisory and Program Committees shall be rescheduled.
B. Toney Burkhart . (Mr. Burkhart had been cited on October 13,
1983, for Street Artist Violation IV, Section 2, for display-
"laser-cut" metal pendants allegedly uncertified and not of
his own creation.) Mr. Burkhart was not present. Mr. Lazar
informed the Committee that, according to the minutes of the
Advisory Committee, Mr. Burkhart "agrees he is in violation
in the photograph of the work he was selling; he says he
will not sell the work and is willing to take a three-month
suspension." The Advisory Committee had found him in violation,
S.A.V. IV, Section 2. (On his own option, previously, Mr.
Burkhart had chosen a standard penalty of two-week suspension
of certificate for S.A.V. IV accordingly.) Mr. Lazar presented
a letter of January 18, 1984 from Mr. Burkhart authorizing
Mr. Lazar to present his case to the Program Committee and
also accepting the penalty for Section 2 ("a three months
suspension of my selling privileges").
Commissioner Hanson moved to uphold the finding of the Advisory
Committee, that Mr. Burkhart be found in violation, Street
Artist Violation Section 2 of IV, and that Mr. Burkhart's
Certificate be suspended for three months; the motion was
seconded by Commissioner Taliaferro and unanimously approved.
C. Richard Webster . Mr. Webster was not present. Mr. Lazar
informed the Committee that Mr. Webster had not appeared at
Continued.
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO. 94102
STREET ARTISTS PROGRAM COMMITTEE - Y/Zkf&h Minutes Page 2
his Advisory Committee hearing of January 17th; he will be rescheduled
the following month.
D. Stephen Wood . (Mr. Wood had been cited on December 1*+, 1983, for Street
Artist Violation III, displaying ceramic items allegedly not of his own
creation.) Mr. Wood was present. Mr. Lazar informed the Committee that
while Mr. Wood is certified to sell "ceramics," the Advisory Committee
had found, according to the minutes, that "the original art work" (of
the items in question) "not of the artist's own creation. He bought
molds of objects that were not of his own design. He wants to have
ceramics to include work done from commercial molds ..." The Advisory
Committee had found Mr. Wood in violation, S.A.V. III.
Mr. Wood told the Program Committee that the photograph in his file,
taken at the time of his screening, is a picture of "pottery I made
in class in 198l." He said his certificate specifies "ceramics" and
that there is "a vast difference between the two." Commissioner
Taliaferro asked him if there had been a mistake made on his certificate;
Mr. Wood replied that he could not answer that. He added that ninety-
eight per cent of the work was done by him; he said he did not make
the mold of the particular item in question.
Commissioner Hanson asked Mr. Lazar if a similar case had been certified
in the Program. Mr. Lazar spoke of one artist made original paintings
on ceramic items, as vases, not made by the artist, and that the artist's
certificate carefully reflects the distinction made by the Advisory
Committee: the artist is certified to sell "handpainted designs on
ceramic items not made by the artist." Mr. Lazar added that had Mr.
Wood presented the molds of items which he did not make, the Advisory
Committee would have considered the items with respect to the rest of
his work. Mr. Wood, however, had presented only items which the Ad-
visory Committee felt had been entirely made by him, at the time of his
screening.
Commissioner Hanson stated that the items in question exemplified a
decline of standards in the crafts program; it appeared that the
artist was opting for a "faster" produced item at the expense of
aesthetics. The Commissioner added that she felt standards must be
maintained in the Street Artists Program, and that, as an artist, one
has to maintain an integrity.
Commissioner Hanson moved to uphold the finding of the Advisory Commit-
tee, that Mr. Wood be found in violation, Street Artist Violation III,
that the penalty of six-weeks suspension of certificate be suspended,
and that a second violation shall incur the second violation's penalty;
the motion was seconded by Commissioner Taliaferro and unanimously
approved.
E. Mitchell Paradise . (Mr. Paradise had been cited on December 1*+, 1983*
for Street Artist Violation II, second violation, allegedly displaying
Continued
STREET ARTISTS PROGRAM COMMITTEE - 1/2k/%k Minutes Page 3
commercially-manufactured cloisonne-type and jade-type pendants.) Mr.
Paradise was not present. Mr. Lazar informed the Committee that Mr.
Paradise had not appeared at his Advisory Committee hearing of January
17th. He added that this was a second violation, and that according
to an Art Commission resolution of May 2, I983, Mr. Paradise had been
found in violation, S.A.V. II, but the penalty had been suspended and
any future violation of this type would be considered as a seond violation.
Mr. Lazar had received a letter dated January 20, 198^, from Mr. Paradise:
"I was unfortunately called out of town on business the night before
the Screening Committee meeting. I have no desire to prolong the pro-
ceedings. I agree to accept the standard penalty for my infraction,
and you may so notify the Program Committee members." Mr. Lazar in-
formed the Committee that there is no standard penalty for this viola-
tion; did Mr. Paradise mean literally "standard penalty" or did he
mean simply to accept the penalty for the violation (a four-weeks sus-
pension of certificate)?
Commissioner Hanson said that if that is the only penalty provided for
this particular violation, then that must be what Mr. Paradise was
willing to accept. Commissioner Taliaferro said that he had to "assume
that Mr. Paradise, "as knowledgable as he is of the Program and the
bluebook, understands fully the penalty that he's actually asking for."
Commissioner Hanson moved to assess Mr. Paradise the prescribed penalty
as per his agreement, that he be found in violation, Street Artist
Violation II, second violation; the motion was seconded by Commissioner
Taliaferro and amended to include the following: that if Mr. Paradise
were cited again and found guilty of a third violation, the third
violation's penalty would be imposed, and a review of Mr. Paradise's
certificate. The motion, as amended, was unanimously approved.
F. Terry Harms . Mr. Harms was not present. Mr. Lazar informed the Com-
mittee that Mr. Harms had not appeared at his Advisory Committee hearing
of January 17th; he will be rescheduled the following month.
II HEARING ON VETERAN'S EXEMPTION/PRIORITY IN CERTIFICATION
Mr. Michael Bizzari appeared and presented his item, a map of San Francisco,
to the Committee. He stated that the waiting period for a street artist
certificate is an obstacle for him because he is sixty- five, and that, as
a veteran, he would not find himself in a waiting period or having to pay
a fee for a street vendor's license. The problem, he said, is that there
are hardly any locations for street vendors but many locations for street
artists. He said he did not mind paying the street artist fee but did mind
the waiting period. He was referred to the Art Commission by Sergeant West
(of Central Police Station) because of the nature of Mr. Bizzari 's work;
Mr. Bizzari said that Sergeant West had felt the work qualified for a
street artist certificate and that he would also have more of an opportunity
for a location.
Mr. Lazar called the Committee's attention to Deputy City Attorney Boyajian's
letter of September 15, 1983* which states: "... As I advised you, San Fran-
Continued
STREET ARTISTS PROGRAM COMMITTEE - 1/24/84 Minutes Page 4
cisco Police Code Section 869.14 provides that the license fee may be
waived for veterans applying for a peddler's permit. ... There is no other
provision, either in the Municipal Code or in the San Francisco Charter,
authorizing a waiver of fee or other requirements for veterans applying
for a street artist certificate. In our opinion, the Arts Commission is
not empowered to adopt a policy waiving the street artist fee and waiting
list requirements for veterans; such policy determinations require legis-
lative action by the Board of Supervisors. ... If the Commission wishes
to propose such legislation, we would be happy to draft appropriate
language for submission to the Board. ..."
Commissioner Taliaferro told Mr. Bizzari that if such a policy were
adopted and the waiting period waived for veterans, Mr. Bizzari should
not feel that he would automatically be entitled to a certificate; it
would still be up to the Advisory Committee to recommend certification
based upon an examination of the work.
Commissioner Hanson informed Mr. Bizzari of the Lottery space-assignment
procedures, that there are more artists than spaces, and that Mr. Bizzari
might consider that he would have an easier time in obtaining a space
through the peddler's program. The Commissioner added that she felt
uneasy about possibly opening a door to a situation that may warrant
control.
Commissioner Taliaferro moved that the City Attorney be requested to draft
legislation which would waive waiting list requirements for veterans, but
no waiver of fee, and would retain for the Art Commission the right to
review, amend, or rescind such policy at any time; the motion was seconded
by Commissioner Hanson and unanimously approved.
Ill REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Herman Berlandt . (Mr. Berlandt's certificate #2374 had expired December 1,
1983; his request by telephone for priority had been received January 4,
1984.) Mr. Berlandt appeared. Commissioner Hanson moved that Mr.
Berlandt's request for priority be approved; the motion was seconded by
Commissioner Taliaferro and unanimously approved.
B. Mary Jocelyn Dacorro . (Ms. Dacorro's certificate #2257 had expired
January 3» 1983; her letter-request for priority had been received
January 4, 1984.) Ms. Dacorro appeared and told the Committee that
the reason she had waited so long was because she had been out of the
country and had not had the money for a ticket to come back and take
care of her certificate. She added that she had called her brother
to request that he renew for her, but he had been a couple of days
late and also had gone to the old address of the Art Commission.
Mr. Lazar read to the Committee a portion of a letter which he had
written to Ms. Dacorro on February 4, 1983: " ...Your certificate
expired January 3, I983 ... The last day for submittal of your payment
was January 17, 1983; the envelope enclosing your check was postmarked
Continued
STREET ARTISTS PROGRAM COMMITTEE - 1/24/84 Minutes Page 5
January 25 1 1983« ••• The Art Commission has the right to grant pri-
ority, above the waiting list, in the issuance of a new certificate
to a former certificate-holder, provided that the former certificate-
holder submits a written request within ninety days after the
certificate's expiration. Such requests are heard by the Commission's
Street Artists Program Committee which meets once a month." Mr. Lazar
told the Committee that his Program received no response from Ms.
Dacorro until a year after her certificate had expired.
Ms. Dacorro told the Committee that she had tried to look for other
jobs but that her entire experience for eight years had been as a
street artist, and she had no other means.
Commissioner Hanson moved that Ms. Dacorro' s request for priority be
disapproved; the motion was seconded by Commissioner Taliaferro and
unanimously approved.
C. M. Alexandra Andrews . (Ms. Andrews' certificate #l8l4 had expired
November 27, 1982; her letter-request for priority had been received
January 6, 1984.) Ms. Andrews told the Committee that when her certif-
icate expired, she had not realized there was a "grace period" to make
an appointment for a hearing with the Program Committee. She said that
she had also been very involved with her son, and suddenly his father
cut off child support.
Commissioner Hanson moved that Ms. Andrews' request for priority be
disapproved; the motion was seconded by Commissioner Taliaferro and
unanimously approved.
IV NEW BUSINESS
A. Pamela Walker (request by former certificateholder for priority in
issuance of certificate). (Ms. Walker's certificate #2870 had expired
November 9, 1983; she had telephoned her request for priority January
18, 1984, after the Committee agenda had been sent out.) Ms. Walker
told the Committee that she had wanted to move out of her job and into
selling on the street; instead, however, her work escalated to 60 - 70
hours a week. She said she was planning to quit her job because she
could not "live like this any more."
Commissioner Hanson moved that Ms. Walker's request for priority be
approved; the motion was seconded by Commissioner Taliaferro and
unanimously approved.
B. Yi Ming Lee (request by applicant for priority in issuance of certifi-
cate). Mr. Lazar informed the Committee that Mr. Lee had applied
March 12, 1982, and had been sent a notice April 22, 1983* but had
not responded. He came to the office on January 20, 1984, to give his
new address.
Commissioner Hanson moved that Mr. Lee's request for priority be ap-
Continued
STREET ARTISTS PROGRAM COMMITTEE - 1/2 V^ Minutes
Page 6
C. Margaret Kessler (request by former certificateholder for priority
in issuance of certificate). (Mrs. Kessler' s certificate #2820 had
expired December 15, 1983; her request for priority had been received
January 20, 198^+.) Mrs. Kessler appeared.
Commissioner Hanson moved that Mrs. Kessler 's request for priority
be approved; the motion was seconded by Commissioner Taliaferro and
unanimously approved.
The meeting adjourned at 2:55 p.m.
Respectfully submitted:
Howard Lazar C/
City and County of San Francisco
Art Commission
hnf*} "7C Dianne Feinstein
^' U ' '^ MAYOR
Claire Isaacs
DIRECTOR
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
II
4E STREET ARTISTS PROGRAM COMMITTEE
Tuesday, February 21, 19&+ - 2:30 p.m.
Main Library - Commission Room (3rd floor)
Larkin and McAllister Streets, San Francisco
'-\ AGENDA
HEARINGS ON ALLEGED VIOLATIONS
Cert if icate-holder
A. John Beard
B. Richard Webster
C. Terry Harms
Alleged Violation
Section 2 (of S.A.V. IV) - Belt
items of various materials
Section 2 (of S.A.V. IV), Second
Violation - Cloisonne-type
haircombs; fabric belts with
cloisonne-type pendant/buckles
S.A.V. IV, Section 2 - Beaded neck-
laces; metal pendant-style earrings
and pendants on chains; metal
animal figure pins; S.A.V. I
REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Marvin Kirkland - Certificate #2736 expired June 26, 1983;
request for priority received January 19 1 1984.
III PROPOSAL FROM S. F. STREET ARTISTS ASSOCIATION FOR BUS STOP
FOR #19 POLK ON HYDE STREET, NW CORNER, AT BEACH STREET
IV NEW BUSINESS
A. Request by former certificateholder Thomas Karnes for
priority in issuance of certificate - Certificate #2^16
expired January 23, 1984; his check for renewal postmarked
one day late.
DOCUMENTS DEPT.
FEB 9 1984
SAN FRANCISCO
PUBLIC LIBRARY
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
City and County of San Francisco
Arts Commission
Dianne Feinstein
MAYOR
Claire N. Isaacs
DIRECTOR
II
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission TTT
Planning Commission ■'■■'"'■
Recreation and Park
Commission
STREET ARTISTS PROGRAM COMMITTEE
Tuesday, .March 20, 1984 - 2;00
p.m.
(3rd
Main Library - Commission Room (3rd floor)
Larkin and McAllister Streets
San Francisco
^ AGENDA
HEARING ON ALLEGED VIOLATION: JOHN BEARD (alleged violation:
Section 2 of S.A.V. IV - belt items of various materials)
REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Thomas Werling - Certificate #2875 expired February 13, 1984;
request for priority received by office March 7i 1984.
B. Richard LaFrenz - Certificate #1796 expired February 13, 1984;'
renewal payment postmarked March 2, 1984 (two days after'
final grace period day).
REVISION OF STREET ARTIST VIOLATION CODE AND PENALTIES
The Committee will hear a proposal to establish the penalty of
two months suspension of certificate for any first violation
and the penalty of revocation of certificate for any second
violation.
IV ADVISORY COMMITTEE RECOMMENDATION: CRITERIA FOR CERTIFICATION
OF CASSETTE TAPES
V HEARING ON PRIORITY EXEMPTION IN ISSUANCE OF CERTIFICATE TO
ELDERLY PERSONS
VI HEARING ON CERTIFICATION FEE INCREASE
VII NEW BUSINESS
DOCUMENTS DEPT.
MAR 1 6 1984
SAM FRANCISCO
PUBLIC LIBRARY
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
City and County of San Francisco
Arts Commission
SF
a —if*. -1.T" Dianne Feinstein
A IU. /O MAYOR
^l20fl H
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski ]
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
STREET ARTISTS PROGRAM COMMITTEE
March 20, 198*f
Main Library - Commission Room
Larkin and McAllister Streets
San Francisco, California
-£ M
—
I N U T E S
Claire N. Isaacs
DIRECTOR
DOCUMENTS DEPT.
MAR 2 7 1984
SAN FRANCISCO
puni IC UPRAPV
Present: Commissioners Hanson and Taliaferro
Chairman Taliaferro called the meeting to order at 2:10 p.m. and
moved that the agenda item "Hearing on Certificate Fee Increase"
be held over to the following month; the motion was seconded by
Commissioner Hanson and unanimously approved.
I ADVISORY COMMITTEE RECOMMENDATION: CRITERIA FOR CERTIFICATION
OF CASSETTE TAPES ~ ~- -■
Program Director Lazar reported that the Advisory Committee of
Street Artists and Craftsmen Examiners had conducted a hearing
that morning on criteria for the certification of cassette
tapes of an artist's performance. The following criteria was
recommended to the Program Committee:
1) In its examination, the Advisory Committee shall
listen to the tape for which the artist seeks
certification and shall hear and view the live
performance.
2) A copy of the artist's tape shall be given to the
Street Artists Program and shall be part of the
artist's file.
3) The artist's tape must be copyrighted with the
Copyright Office, Library of Congress, and a
photocopy of the copyright form(s) shall be given
to the Street Artists Program and shall be part
of the artist's file.
k) The artist /per former of the tape shall not have to
be the author^ of the performance.
5) Other artists/performers involved in the recorded
performance may be eligible for certification to
sell the tape under the following conditions:
a. The performer(s) must apply for certifica-
tion as family unit members with the primary
artist of the tape. ("Family Unit": Two or
more persons jointly engaged in the creation
(415) 558-3463
45 HYDE STREET - ROOM 319
Continued
SAN FRANCISCO, 94102
STREET ARTISTS PROGRAM COMMITTEE - 3/20/8^ Minutes Page 2
or production of an art or craft item, no one of whom
stands in an employer-employee relationship to any of
the other members thereof.)
b. A technician involved in the recording of the perfor-
mance may be considered as a family unit member if
the technician uses the technology as an instrument '
in the performance.
Street artist Phil Lawrence spoke in support of the above criteria.
Commissioner Hanson moved that the criteria for certification of cassette
tapes, as recommended by the Advisory Committee, be recommended for approval;
the motion was seconded by Commissioner Taliaferro and unanimously approved.
II REVISION OF STREET ARTIST VIOLATION CODE AND PENALTIES
Commissioner Taliaferro read the entire draft of a proposal to revise the
Art Commission's Street Artists Violation Code and penalties. The draft
separated violations and their penalties into two categories: Category "A"
included non-craft violations, and Category "B" included craft violations.
The Commissioner clarified that this draft was by way of simplifying the
structure of the code and also putting extra strength of enforcement into
it. The new procedures, if approved, would be included in the forthcoming
Street Artists Program "bluebook."
Commissioner Hanson stated that there had been too much leniency in the
Program, that there had been a lax attitude in complying with the regulations,
and that many cases of violation had stalled the Program's hearing procedures.
The Commissioner favored simplification of the code, less leniency, and more
consistency in enforcement. She added that this might raise the quality of
the Program, the work being sold, and the people's way of looking at themselves.
Commissioner Hanson moved that the draft of the revised code and penalties be
recommended for approval; the motion was seconded by Commissioner Taliaferro.
The Committee heard from the following street artists: David Samuel, Jack
Haygood, Virginia (Kobayashi) Burris, Dennis Bustillos, James Millard, Wayne
Konkright, Bennett Weiss, Elizabeth Sky, Tom Gilberti, Phil Lawrence, Kirk
Turner, Eunice Rodriguez, Katrina Broomall, and Denise Florian. The artists
made the following points:
1) The one-week suspension penalty for failure to display certif-
icate (Category "A", No. l) was too harsh; a certificate could
be blown off the display, or stolen, or delayed in the mail
during renewal time - these instances would lead to unintentional
violations.
2) The draft revision lacked a provision for a time period for repet-
itive violations.
3) The law should require only that the certificate be produced upon
request, and not that it be displayed at all times.
Continued
STREET ARTISTS PROGRAM COMMITTEE - 3/20/8^ Minutes Page 3
*f) The draft revision would increase - not decrease - the caseload
of violations for Art Commission hearings.
5) The Commission should enforce the penalties of its present code
and should not be too lenient.
6) The draft revision leaves open the question of whether previous
violations would be counted against an artist.
7) The Commission should impose monetary fines, rather than certif-
icate suspensions, for Category "A" violations; and certificates
should not be revoked unless a violations becomes highly repetitive.
8) Artists should be allowed only one postponement for failing to
appear at their hearings.
9) It is not fair to take away someone's livelihood for minor of-
fenses.
10) Instead of enforcing against "squeezing" (artists set up illegally
between legal spaces), the Art Commission should create more
spaces for the artists.
11) Some artists are reluctant to display their certificates because
of the possibility of persons reading their names, seeking out
addresses, and robbing the artists. The Commission should place
the artist's name on the back of the certificate.
12) The penalties for Category "B" violations are too harsh; an artist
could be suspended for misunderstanding the crafts criteria.
With respect to the display of certificates, Program Director Lazar clarified
that this was required not by the Art Commission but by the Municipal Code,
since 1975; and that the Art Commission was now issuing two certificates to
each artist as a matter of convenience for the artist.
Commissioner Hanson said that it appeared the intention of the Municipal Code
was to distinguish the artists from other types of street merchants, for the
benefit of the public.
Advisory Committee Member Betsy Meyers stated that if a person depended upon
the Street Artists Program for his or her livelihood, then displaying the
certificate was a minor issue. Ms. Meyers also stated that at ninety per-
cent of her Committee's hearings on 1 violations, many of the cases do not
appear, and this becomes a waste of time and money.
Commissioner Hanson stated that in a situation of regulations and penalties,
it is a person's responsibility to know the regulations and penalties, and
that if the person violated, it would appear that it was the person's
decision to do so, with no one else doing it- to the person. The Commissioner
Continued
STREET ARTISTS PROGRAM COMMITTEE - 3/20/8^ Minutes Page k
added that an enormous waste of time is spent on hearing violations, when
she would like to do more in obtaining spaces and in dealing with Program
changes. She asked the artists present for a show of hands of those who
would prefer a system of monetary fines rather than suspensions for Cate-
gory "A" violations. The response was nearly unanimous.
Street Artist Virginia Burris asked if the Art Commission intended to act
on citations given by the Police to artists for "squeezing." Commissioner
Taliaferro responded that, in the past, the Art Commission has not acted
on such citations; but that perhaps it should, as there now appeared to
be a consensus among the artists that the Commission enforce the rules
and not be lenient.
The Committee requested Mr. Lazar to confer with the City Attorney on pro-
visions for appropriate time limits on repetitive violations; the question
of whether a new code may be retroactively applied to an artist's previous
violations; placing the artist's name on the back of the certificate; and
the Art Commission's attitude or position on the separation of Commission
and Police enforcement.
Commissioner Hanson moved that her previous motion be withdrawn; the motion
was seconded by Commissioner Taliaferro and unanimously approved.
Commissioner Hanson moved to put over consideration of the code revision
to the following month; the motion was seconded by Commissioner Taliaferro
and unanimously approved.
Ill HEARING ON ALLEGED VIOLATION; JOHN BEARD
Mr. Lazar informed the Committee that Mr. John Beard had been cited on
October 7i 1983 for Street Artist Violation IV, Section 2, selling items -
belts of various materials - that were allegedly not certified and not of
the artist's creation. In November, Mr. Beard came to a hearing with the
Advisory Committee, and the Committee examined the photo of the alleged
violation and found him in violation for not having the items certified.
The Advisory Committee, however, could not make a finding as to whether
the belts were of his creation, because he did not bring samples to show
the Committee. His hearing therefore was rescheduled for January. Mr.
Beard missed the January hearing due, he informed the office, to illness.
He was then notified to appear in February, and he did not appear. Nor
did he appear at the Advisory Committee hearing in the morning of March
2oth. He was, however, present at this, the Program Committee, meeting.
The Committee chose to examine the belts.
Mr. Beard showed finished and unfinished samples, many of which wore at-
tached with metal buckles he said he made; samples of leather and snakeskins;
tools including s strap cutter with which he demonstrated the cutting of a
skin; and explained his process of wrapping the belt over the buckle, scal-
ing it, and running the belt under a press to seal the glue. He said he
Continued
STREET ARTISTS PROGRAM COMMITTEE - 3/20/8*1 Minutes Page 5
made his belts in 15 - 20 minutes and the buckles in 2 - 3 hours.
Street Artist Phil Quirarte testified that he had been to Mr. Beard's
workshop and had seen him make the belts. Street Artist Claudia Hart
testified that she had seen him make them in his workshop near the San
Remo Hotel in North Beach, and that she owned one of his belts.
Commissioner Hanson moved to recommend dismissal of the charge of Section 2
against Mr. Beard; the motion was seconded by Commissioner Taliaferro and
unanimously approved.
IV REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Thomas Werling - Certificate #2875 expired February 13 t 1984; Mr. Werling' t;
request for priority was received by the Program office on March 7i
1984. Mr. Werling appeared before the Committee.
Commissioner Hanson moved that Mr. Werling' s request for priority
be recommended for approval; the motion was seconded by Commis-
sioner Taliaferro and unanimously approved.
B. Richard LaFrenz - Certificate #1796 expired February 13, 1984; Mr. La-
Frenz's renewal payment was postmarked March 2, 1984 (two days
after his tenth - final - grace period day). Mr. LaFrenz appeared
before the Committee.
Commissioner Hanson moved that Mr. LaFrenz' s request for priority
be recommended for approval; the motion was seconded by Commissioner
Taliaferro and unanimously approved.
C John Kellington - Certificate #1909 expired February 12, 1984; Mr. Kel-
lington notified the office on March 2, 1984 that he had not put
the complete address of the Art Commission on the envelope of his
mailed renewal payment, and had not received his renewed certificate.
Mr. Kellington appeared before the Committee.
Commissioner Hanson moved that Mr. Kellington' s request for priority
be recommended for approval; the motion was seconded by Commissioner
Taliaferro and unanimously approved.
V HEARING ON PRIORITY EXEMPTION IN ISSUANCE OF CERTIFICATE TO ELDERLY PERSONS
The Committee heard from Ms. Ana Montano, attorney from Mission Community
Legal Defense, Inc. and representing Mrs. Olga Orellana. Ms. Montano said
that her client was seventy-one years old, retired, and a craftsperson who
wishes to sell her work - not so much for profit but for the well-being
involved in the endeavor. She requested that her client's application be
expedited for the following reasons:
l) Her client's lifespan is shorter than a younger person's and a
Continued
STREET ARTISTS PROGRAM COMMITTEE - 3/20/8^ Minutes Page 6
two-year wait for certification is too long for her*.
2) Certification as a street artist would help her economic plight.
3) The mental health apsect should be given primary importance: the
elderly tend to suffer from isolation from the rest of society,
from loneliness and boredom; certification as a street artist
would eliminate health problems and costs for her client.
k) Her client intends to limit her selling times and to locations
not frequented by most street artists.
Commissioner Taliaferro asked what age constituted "elderly." Ms. Montano
responded that under the Federal Older Americans Act it is sixty years of
age. Ms. Montano said she represented people of that age and older.
Her client, Mrs. Orellana, makes small throw-pillows. She clarified that
there is no legal mandate for priority for the elderly with respect to
other permits. The elderly, she said, would tend to make traditional crafts.
Street Artist Mark Kielty said that being a street artist is an arduous
task, very physical - hauling in merchandise, setting up, withstanding the
elements, etc. Pie recommended that Ms. Montano' s client approach the
Senior Citizen Center at Aquatic Park and the crafts store for the elderly
on Polk Street.
Ms. Montano said her client is Spanish-speaking, and this may be a limitation.
Commissioner Taliaferro said that before the Commission sets a precedent,
it would be appropriate to obtain some projections on the number of elderly
persons who would be attracted to the Street Artists Program. The Com-
mission on Ageing, as well as the Recreation-Park Department, should be
consulted. »
Commissioner Hanson said that Recreation- Park should be approached to
see if they would be willing to offer their Justin Herman Plaza arid other
locations to the elderly. Both Commissioners asked Mr. Lazar to call
these agencies. Commissioner Taliaferro said this matter would be taken
up at the next Program Committee meeting.
Commissioner Hanson moved that the meeting be adjourned; the motion was
seconded by Commissioner Taliaferro and unanimously approved. The meeting
adjourned at ^:12 p.m.
Respectfully submitted:
Howard Lazar
JL
City and County of San Francisco
-& Arts Commission
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Dianne Feinstein
MAYOR
Claire N. Isaacs
DIRECTOR
STREET ARTISTS PROGRAM COMMITTEE
Tuesday, April 2k, 198^ - 2:00 p.m.
Main Library - Commission Room (3rd floor X>OCUMt NTS DEPT.
Larkin and McAllister Streets
San Francisco, California APR 1 9 1984
AGENDA
SAN FRANCISCO
PUBLIC LIBRARY
II
REQUESTS BY FORMER CERTIFICATE- HOLDERS FOR PRIORITY IN ISSUANCE
OF NEW CERTIFICATE
A. Donald E. Kern, Jr . - Certificate #2922 expired February 1,
198^; Mr. Kern's request for priority received by office
April kth.
B. J. D. Smith - Certificate #2852 expired March 25, 198V, Mr.
Smith's renewal payment mailed five days after final
grace period day.
REVISION OF STREET ARTIST VIOLATION CODE AND PENALTIES - HEARING
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission IV
Recreation and Park
Commission
III CERTIFICATE FEE INCREASE - HEARING
PRIORITY EXEMPTION IN ISSUANCE OF CERTIFICATE TO ELDERLY PERSONS
- HEARING
REQUEST BY ARTISTS OF JUSTIN HERMAN PLAZA FOR LOADING/UNLOADING
PERMIT
VI
NEW BUSINESS
* * *
(415) 558-3463
45 HYDE STREET - ROOM 318
SAN FRANCISCO, 94102
City and County of San Francisco
A-JA^ -7^ Dianne Feinstein
' '^ MAYOR
Arts Commissjon
Claire N. Isaacs
DIRECTOR
STREET ARTISTS PROGRAM COMMITTEE
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
sg
April 2k, 198^
Main
Larkin
San Francisco
in Library - Commission Roora r . r , n n-r r ..,_.^
rkin and McAllister Streets D °CU.*^TS DEPT.
JUN 4 1984
MINUTES
SAN FKANCio^O
PU8UC ' 'BR> RY
Present: Commissioners Hanson and Taliaferro.
Chairman Taliaferro called the meeting to order at 2:15 p.m.
I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Donald E. Kern, Jr. - Certificate #2922 expired February 1,
198*+; Mr. Kern's request for priority was received by the
Program on April *fth. A copy of Mr. Kern's money order
dated January l6th was submitted (the money order never
reached the Program). Commissioner Taliaferro moved that
Mr. Kern's request be approved; the motion was seconded
by Commissioner Hanson and unanimously approved.
B. J. D. Smith - Certificate #2852 expired March 25, 198^;
Mr. Smith's renewal payment was mailed five days after the
final grace period day for renewal. Commissioner Taliaferro
moved that Mr. Smith's request for priority be approved;
the motion was seconded by Commissioner Hanson and unani-
mously approved.
II REVISION OF STREET ARTIST VIOLATION CODE AND PENALTIES
Commissioner Taliaferro asked Program Director Lazar to explain
the latest, .the second, draft revision of the Street Artist
Violation Code as well as the new proposal for enforcement.
Discussion ensued between the Committee and the street artists,
and the following significant points were made:
- The draft Revision eliminates the Arts Commission's
review of first-offense violations and penalties rela-
tive to the Police regulations - e.g., display of
certificate, dimensions of setup, location requirements.
While the Arts Commission has the authority to suspend
or revoke a certificate as a result of such violations,
the City Attorney's office has clarified that the Com-
mission is not mandated to enforce the Police regulations
Continued.
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
STREET ARTISTS PROGRAM COMMITTEE - k/Zk/bk Minutes Page 2
as these are part of the Municipal Code, and the Commission
may defer to the Police for their enforcement.
- The draft provides for Arts Commission review of street artists
who receive' Police citations for repetitive offenses. (Upon
receipt from the Police of copies of two citations issued to an
artist, the Program shall notify the artist that his/her certif-
icate shall be subject to review if the Commission receives a
copy of a third citation issued to the artist.)
- The draft retains the Program Committee's concept of the same
two penalties (two-month suspension for a first offense and
revocation for a second offense) for all of the listed violations,
- The draft adds to its list of violations two more: Participation
in the lottery without a valid Board of Equalization Seller's
Permit; and Violation of any lottery rule.
- The new method for Arts Commission enforcement on weekends and
holidays (the Program Director currently acts as "inspector"
during the week) was proposed simultaneously by the Program
Director, the Advisory Committee of Street Artists and Craftsmen
Examiners, and several street artists. The proposal defers the
hiring of two full-time Art Inspectors and directs the Advisory
Committee to perform the duty of monitoring, on weekends and
holidays, the wares offered for sale by street artists.
- While the Program Director inspects during the weekdays, most of
the major violations* occur on weekends because it is widely known
that the Arts Commission is not on the streets at those times.
Upon approval by the Commission, weekend monitoring by the Ad-
visory would begin in mid-May and would continue until the end
of summer, at which time the Director would submit a report to
the Commission on the results of the monitoring.
- The monitoring will be done by the very persons responsible for
having approved t the work they will monitor. They are already
qualified in detecting violations, having conducted monthly
violation hearings.
- The Advisory Committee will monitor the effectiveness of their
crafts criteria ado r pted by the Commission and will also record
and photograph any violation relative to the criteria and the
wares offered for sale.
- The Advisory Committee's reports, photographs, and evidence will
be submitted to the Program Director in a public meeting in the
week following each weekend's monitoring.
- The present provision for Advisory Committee hearing of a craft
Continued,
STREET ARTISTS PROGRAM COMMITTEE - k/Zk/Sk Minutes Page 3
violation shall be eliminated, as the Advisory Committee members
could not hear a case which they themselves have reported; such
cases will be referred by the Program Director to the Street
Artists Program Committee.
- Under present law, the Advisory Committee may be compensated
for their public meetings in which they submit their reports
to the Director, based on their monitoring duty; but they may
not be compensated for the monitoring duty itself. If, by the
end of summer, the results are satisfactory to the Commission,
and the Advisory Committee is then directed to continue their
monitoring duty, the Program Director will request approval for
an amendment to compensate the Committee for such duty, as well
as an amendment to increase the street artist fee to cover the
cost.
Chairman Taliaferro read the text of a resolution prepared by the City
Attorney, directing the Advisory Committee to performing the duty of
monitoring. ( See copy of text attached to these Minutes. )
Commissioner Hanson moved that the resolution be adopted; the motion
was seconded by Commissioner Taliaferro and unanimously approved.
Street Artist Linda Stark stated that the proposed penalties for lottery
violations were too strict, that such violations were not of the same
magnitude as violations of the wares offered for sale. Also, in cases
of repetitive offenses of the Police regulations, the Arts Commission
should take action based upon receipt of copies of convictions rather
than citations.
Commissioner Hanson moved that the second draft revision of the Street
Artist Violation Code be recommended for approval and implemented June
1st to September 2, 1984, whereupon it shall be reviewed by the Arts
Commission, and that the draft include the following amendments:
1) A provision for a twelve-month period for Arts Commission
convictions "of repeat violations.
2) A provision for the Arts Commission to take action upon
receipt of notices of two convictions , rather than citations,
of criminal violations within a twelve-month period.
3) Deletion from the list of violations of violation Number 8
(violation of any lottery rule).
The motion was seconded by Commissioner Taliaferro and unanimously
approved. ( See copy of revised code with amendments attached to
these Minutes. )
The Commissioners asked that the lottery rules be reviewed, clarified,
Continued.
STREET ARTISTS PROGRAM COMMITTEE - k/2k/8h Minutes Page h
and redrafted for eventual inclusion in the new code.
III CERTIFICATE FEE 'INCREASE
The Committee chose to postpone its hearing on increasing the certifi-
cation fee until after the Commission's September review of the
Advisory Committee's monitoring duty.
IV PRIORITY EXEMPTION IN ISSUANCE OF CERTIFICATE TO ELDERLY PERSONS
Program Director Lazar reported that he had spoken to Mrs. Rodgers
of the Recreation-Park Commission regarding allowances for elderly
craftspeople to sell their wares in Golden Gate Park or other
Rec-Park property, and that he had informed Attorney Ana Montano of
Mrs. Rodgers' advice that she contact the Golden Gate National
Reacreation people.
Commissioner Hanson stated that it is not uncommon for cities to
assign a location for unlicensed vendors, and, in this case, there
might be a possibility for such an area to be reserved for elderly
vendors. Commissioner Taliaferro said that it would have to be a
request coming from the elderly through the Commission on Ageing and
to the Board of Supervisors.
Commissioner Taliaferro moved that Attorney Ana Montano 's request for
priority in the issuance ^of a certificate for her client, Olga Orellana,
be denied; the motion was seconded by Commissioner Hanson and unani-
mously approved.
Attorney Montano requested that the Street Artists Program Committee
recommendation be stated in a response to her letter. The Committee
directed Mr. Lazar to respond.
V REQUEST BY ARTISTS QF JUSTIN HERMAN PLAZA FOR LOADING/UNLOADING PERMIT
Mr. Lazar submitted a letter dated March 7th and signed by several
artists who sell their wares at Justin Herman Plaza. Mr. Lazar
explained that the Police have issued citations to the artists for
loading or unloading thtfir displays at the adjacent no-parking curb.
The letter states: "It is very difficult to take heavy items, tables,
etc. any other way" and requests a solution. Mr. Lazar said he had
communicated with the Captain of Southern Station and with other
Police personnel. Possible solutions might be making the curb a
yellow zone or a green (time limit) zone - however, the artists
expressed the feeling that it would be abused by trucks parking
there all day. Another possibility might be to request the Board
of Supervisors for a special parking permit (sticker) for artists
Continued,
STREET ARTISTS PROGRAM COMMITTEE - h/?h/%h Minutes Pago 5
for that location. This would be similar to the special permit
which was granted as an "employer bus stand" to one of the city's
major stores (Ordinance 378-79, Board of Supervisors file 82-79).
Street Artist Kitt Foster said that has always been a new policeman
who won't give the artists a break to load or unload. Ms. Foster
requested that a 15-minute parking permit be issued to the artists.
Commissioner Hanson moved that the City Attorney be requested to
draft legislation for such temporary parking at Justin Herman
Plaza, and that the legislation be reviewed by the Program Committee
prior to recommendation to the Commission and to the Board of Super-
visors; the motion was seconded by Commissioner Taliaferro and
unanimously approved.
Ms. Foster requested that the Advisory Committee monitor the Plaza
and not just the street locations - especially because of the presence
of unlicensed people. She said that the Police will not enforce the
rules against the unlicensed because the location belongs to Rec-
Park. Commissioner Taliaferro asked Mr. Lazar to seek clarification
from that agency.
VI NEW BUSINESS
A. Request by Masako Funato for Issuance of Certificate - Ms. Funato,
an applicant, had recently be screened for certification but had
exceeded the 10-day requirement for obtaining her certificate.
According to her letter, her sister had been in an accident in
Los Angeles, and Ms. Funato had to leave San Francisco for two
weeks.
Commissioner Hanson moved that Ms. Funato 's request for certifi-
cation be approved; the motion was seconded by Commissioner
Taliaferro and unanimously approved.
•
B. Request from S. F. Arts Festival for Advisory Committee to Select
Street Artists for Arts Festival. Mr. Lazar presented a letter-
request from Arts Festival Co-Director Barbara Veatch Vorhees for
the Advisory Committee of Street Artists and Craftsmen Examiners
to select street artfsts for Arts Commission certificates of merit
and also for invitational entry into the Arts Festival.
Commissioner Hanson moved that the Advisory Committee be directed
to select street artists for certificates of merit and for invitational
entry into the 38th San Francisco Arts Festival; the motion was
seconded by Commissioner Taliaferro and unanimously approved.
C. Performers . Commissioner Taliaferro stated that he had recently
attended a meeting of the Port Commission and the performers; he
requested Mr. L&zar to send a copy of the street artists ordinance
to Randy Rossi of the Port.
Respectfully submitted:
/tt/>(5\ — » £?/&
Howard Lazar
UCOJ
DRAFT
WHEREAS, the Street Artists Ordinance, Proposition L approved
by the voters on November *f, 1975? grants to the Arts Commission
exclusive jurisdiction to issue street artist certificates and to
regulate street artists; and
WHEREAS, Section 2 of Proposition L provides for an Advisory Committee
of Street Artists and Craftsmen Examiners to "advise the Art Commission
on matters relating to the wares produced by street artists and to per-
form such other functions as shall from time to time be deemed appropriate
by the Commission"; and
WHEREAS, the Arts Commission has adopted criteria proposed by the
Advisory Committee of Street Artists and Craftsmen Examiners, relating
to the wares produced by street artists; and
WHEREAS, the Advisory Committee is eminently qualified to monitor
and review the effectiveness of the adopted criteria; and
WHEREAS, the predominant street artist sales activities occur
traditionally on weekends and holidays;
NOW BE IT RESOLVED, that the Arts Commission does hereby direct
the Advisory Committee of Street Artists and Craftsmen Examiners to
perform on Saturdays, Sundays, and holidays, from May 15 to September 2,
198*1-, the function of monitowing the wares offered for sale by street
artists, for the purpose of reviewing the effectiveness of the crafts
criteria; and
• BE IT FURTHER RESOLVED, that the Advisory Committee is hereby
Continued.......
authorised, in the course of said monitoring, to gather evidence
and to prepare reports relative to violations of criteria and wares
offered for sale by street artists, and to report and submit such
findings and evidence to the Director of the Street Artists Program
in a public meeting held in the week following said monitoring; and
BE IT FURTHER RESOLVED, that the Arts Commission does hereby-
direct the Director of the Street Artists Program to prepare and
submit an evaluation report of the results of said monitoring, and
any recommendations relative to the direction of the Street Artists
Program, to the Arts Commission at its regular meeting in September,
198*1-.
ARTS COMMISSION HEARING PROCEDURE OF STREET ARTIST VIOLATIONS
PENALTIES FOR VIOLATIONS
The Street Artist Ordinance, Proposition L approved by the voters
on November 4, 1975 i grants to the Arts Commission jurisdiction
to regulate street artists and to issue street artist certificates.
Proposition L makes it unlawful for any person to sell a handcrafted item
in any public street or public place where it is permissible, without either
a street artist certificate or a peddler's permit. It further prohibits
the sale by a street artist of a handcrafted item in an area not designated
for street artist activities without a peddler's permit. Article 2*1.2,
Section 2^+08, of the San Francisco Municipal Code empowers the Arts Com-
mission to revoke a street artist's certificate for violation of the
street artist regulations after a public hearing and for good cause shown.
The Arts Commission may, but need not, require submittal of a Police
report before proceeding with the suspension or revocation of a street
artist's certificate. The Arts Commission may proceed based on the
submittal of a written report by its staff, a street artist, or by anyone.
The procedures followed by the Arts Commission or other permit-issuing
bodies for the suspension or revocation of permits is a civil proceeding
separate and apart from any criminal sanctions that may be applicable.
In the event of the Arts Commission receiving notices of two convictions
of criminal violations of an artist, within a twelve-month period, the
Commission may notify the artist that his/her certificate may be subject
to review for possible suspension or revocation.
The Arts Commission is empowered to suspend or revoke a street artist's
certificate, after a public hearing, both pursuant to its express power to
revoke for good cause shown contained in the street artist regulations and
under the general and discretionary powers granted to all permit-issuing
departments as set forth in Sections 2*t and 26 of Part III of the San
Francisco Municipal Code.
Street artist violations are heard by the Commission's Street Artists
Program Committee who makes recommendations for either acquittal, sus-
pension, or revocation or denial of certification. The recommendation
is submitted to the Commission who, by resolution, may amend, adopt, or
disapprove the recommendation.
Any suspension or revocation commences two (2) weeks after the Arts
Commission's resolution, allowing ten (10) days for the artist to file
an appeal with the Board of Permit Appeals.
Failure to appear for any violation hearing may result in a Program
Committee recommendation of the penalty with respect to the violation of
which the artist has been charged. If this recommendation is approved
by the Arts Commission, the artist may either file an appeal with the
Board of Permit Appeals within ten days or request a rehearing with the
Program Committee within ten days from the date of the Commission's
resolution. Such request for rehearing must be in writing and must state
Continued.
succinctly the grounds upon which such rehearing is requested. If new
evidence is relied upon as a ground for rehearing, the request shall
show:
1) The nature and character of the new evidence;
2) The names of the witnesses and/or a description of the documents
to be produced;
3) Why the evidence was not produced, and why the artist did not
appear, at the original hearing.
PENALTIES FOR VIOLATIONS
There shall be a penalty of two (2) months suspension of certificate
for a first offense of any of the following violations, and there shall
be a penalty of revocation of certificate for a second offense of any of
the following violations if the person has been found in violation by the
Arts Commission within the twelve-month period immediately preceding the
current offense:
1) Display of items not in accord with Arts Commission criteria.
(Article 2^.2, Section 2*K)lb)
2) Display of items not of the artist's own creation. (Article 2^.2,
Section 2*f05a)
3) Display of items not .certified by the Arts Commission. (Proposition
L, Section 5)
k) Display of items by salesperson or another artist on behalf of a
street artist. (Proposition L, Section 7)
5) Transference of certificate to any 'other person. (Article 2^.2,
Section 2*f0*tb)
6) Display of items and/or participation in Arts Commission lottery
by artist during period of certificate suspension. (Article 2^.2,
Section 2*K)8b)
7) Participation in Arts Commission lottery without a valid State
Board of Equalization Resale Permit. (Article 2^.2, Section 2^06a)
City and County of San Francisco
Arts Commission
Dianne Feinstein
MAYOR
Claire N. Isaacs
DIRECTOR
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
STREET ARTISTS PROGRAM COMMITTEE
Tuesday, May 22, 1984
2:00 p.m.
Main Library - Commission Room (3rd floor)
Larkin and McAllister Streets
San Francisco, California
AGENDA
VIOLATION HEARINGS
DOCUMENTS DEPT.
MAY 1 6 1984
SAW FRANCISCO
pi I IRRAPV
A. Harry Mason
Alleged Violation:
1) S.A.V. Ill - Category of craft is certified,
but one or more of the items displayed
does not appear to be of the artist's
own creation.
2) S.A.V. V - Salesperson selling for artist.
B. Kathryn Strong Alleged Violation:
1) S.A.V. III.
C. Sherrie Tatum (applicant for certificate) Alleged Violation:
* 1) Section 7(a) of Street Artist Ordinance -
unlawful sale of craft work in street artist
space, without street artist certification.
2) Section 2406(a), Article 24.2, Part II,
Chapter VIII of San Francisco Municipal Code
obtaining a lottery sales space without
street artist certification.
D. Dennis Bus4:illos Alleged Violation:
l) S.A.V. V - Salesperson selling for artist.
E. Patricia Soister Alleged Violation:
' 1) S.A.V. V.
II REQUEST FOR WAIVER OF TREASURER'S FEE ON RETURNED CHECK: DAVID MASON
III REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR ISSUANCE NEW CERTIFICATE
A. Paul Grogan - Certificate #2918 expired April 17, 1984; request
submitted May 7, 1984.
B. Robert Simon - Certificate #1021 expired April 19, 1984; payment
for renewal mailed 4 days after last renewal day.
(415) 558-3463
IV NEW BUSINESS
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
City and County of San Francisco
St
*~ Arts Commission
* i
Dianne Feiustein
MAYOR
Claire N. Isaacs
DIRECTOR
STEEET ARTISTS PROGRAM COMMITTEE
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ruy Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
'-;■" May 22, 198^
Main Library - Commission Room DOCUMENTS DEPT.
Larkin and McAllister Streets
San Francisco, California MAY 31 1984
MINUTES
Present: Commissioners Hanson and Taliaferro.
SAN FRANCISCO
PUBLIC URRARY
Chairman Taliaferro called the meeting to order at 2:10 p.m.
I VIOLATION HEARINGS
A. Harry Mason and Kathryn Strong . Program Director Lazar
informed the Committee that the key witness for both of
these hearings was not able to be present. Commissioner
Hanson moved that the hearings of Harry Mason and Kathryn
Strong be continued to the following month; the motion was
seconded by Commissioner Taliaferro and unanimously approved,
B. Sherrie Tatum . Mr. Lazar informed the Committee that Ms.
Tatum is an applicant for a certificate who has been on the
waiting list for two years. On April 16, 198^, just one
week before her scheduled examination for certification,
Ms. Tatum was observed and photographed by Mr. Lazar in a
street artist space at Fisherman's Wharf, selling kites.
Mr. Lazar had questioned her about how she had obtained
the space, and, according to his report, she had named two
certified artists, "Dennis and Pat (Soister) Bustillos."
Ms. Tatum was charged with the following alleged violations:
Section 7(a) of the Street Artist Ordinance (unlawful sale
of craft work in a street artist space, without certifica-
tion); Section 2^06 (a) and (h), Article 2^.2, Part II,
Chapter VIII of the San Francisco Police Code (unlawful
sale of work in an area subject to the Arts Commission's
lottery, without obtaining a lottery document).
In the week following the incident, Ms. Tatum appeared at
her scheduled examination with the Advisory Committee, to
request certification as a family unit member with Bustillos
and Soister in the making of kites. The Advisory Committee
subsequently visited her work site in San Francisco to
verify her making of the kites. The Advisory Committee's
findings were that she "bends the bows, glues the pieces,
but doesn't cut the mylar - said it was cut by Dennis in
Continued,
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
STREET ARTISTS PROGRAM COMMITTEE - 5/22/8^ Minutes Page 2
New Mexico. Committee feels they can't deny certification, based
on lack of evidence."
The Commissioners questioned Ms. Tatum. She stated the following:
1) She has not been selling since April l6th.
2) Neither Dennis Bustillos nor Pat Soister had anything to do
with her obtaining the space; no one obtained the space for her.
3) At the time, Ms. Soister was in New Mexico.
h) At the time, no one was set up at that end of the street; Ms.
Tatum moved into the space.
5) When Lazar questioned her, Ms. Tatum "made up something"
about watching the display for Dennis Bustillos and Pat Soister be-
cause she knew them.
6) When he spoke to her, Lazar did not identify himself.
7) She occupied the space wrongfully; she needed money to get
back home to Grass Valley.
8) She is the sole supporter of two children; she felt she has
been punished enough by not being able to"" sell during the month after
her examination.
9) When she had applied two years before, she had been making
pottery and clothing; kitemaking, however, seemed to be very popular
on the street.
Commissioner Taliaferro clarified that the Arts Commission could not
grant a certificate subject to stipulations - for example, a pro-
bationary period of time. A certificate may be either granted or
denied. The Commissioner further stated that if the Committee did
decide to recommend qertification, Ms. Tatum would be strongly urged
to obtain a copy of the forthcoming (June 1st) penalties for street
artist violations. The Commissioner warned her against future street
artist violations.
Ms. Tatum replied that, yest assured, the warning would be heeded.
Commissioner Hanson informed the unit of Tatum, Bustillos, and Soister
that the Commission would be paying careful attention to what they
sell on the street. Commissioner Hanson moved that certification be
granted to Ms. Tatum, with the warning that the Commission will closely
monitor her operation on the street; the motion was seconded by Com-
missioner Taliaferro and unanimously approved.
C. Dennis Bustillos and Patricia Soister. Mr. Lazar made the following
Continued.
STREET ARTISTS PROGRAM COMMITTEE - 5/22/8^ Minutes Page 3
comments:
1) Both Mr. Bustillos and Ms. Soister, due to their alleged con-
nection with the Sherrie Tatum case, were charged with allegedly violat-
ing the Arts Commission's present Street Artist Violation Code, speci-
fically Street Artist Violation V (salesperson selling for artist).
2) Mr. Bustillos* file shows that in 1980 he accepted a standard
penalty suspension for the same violation.
3) Fox- several years, the Program office has received allegations
from other artists that Mr. Bustillos' kites came from New Mexico, were
not made by him, and that this could be evidenced by the volume of kites
on his display and his daily attendance on the street.
Mr. Bustillos replied to questions from the Commissioners and stated the
following:
1) He himself had asked for a re-screening of his craft and had
invited his accusers to att enc *; similarly^ ft e h ac j invited them to his
work site in the city, to watch him make the kites, but none had ever
come to the site.
2) The kite-making process involves his unit's own designs; rolls
of colored mylar 36 inches wide and weighing 100 - 125 pounds and cut
into colors 3 inches wide, with three shades for each color; the place-
ment of 100 sheets on a table which are cut exclusively by Mr. Bustillos
because of his years of experience; A.B.S. Tubing from Bay Plastics;
material held over patterns 'by means of suction while glue is dried by
blower; the attachment of spine and bridle.
3) 1,300 tails can be made in eight hours, 16,000 head patterns
in one day.
h) His family unit works indoors for five months out of ihe year,
to be able to sell continuously during spring and summer.
5) The reason his unit goes to New Mexico is because his eight-
year-old daughter lives there, and he does the mylar cutting there.
6) Previously, the vacuum- forming of the kites had been done in
San Francisco. Now Ms. Tatum does it in Grass Valley, while in Bustillos'
studio, Patricia Soister attaches the tails and assembles the bridles.
7) Their kites are sold in two sizes: $7«99 for the large size and
1!>3«99 for the smaller size. If the unit were not making them, the kites
could not be sold at these prices.
8) Mr. Bustillos used to work for Magic Dragon Kites.
9) There is no employer- employee relationship between Ms. Tatum and
Continued,
STREET ARTISTS PROGRAM COMMITTEE - 5/22/84 Minutes Page k
himself.
10) The day Ms. Tatum was photographed, she was selling her own
work and not his.
11) He did not give Ms. Tatum the space; he did not set her up; he
did not know she was selling.
12) As for the charge of having a salesperson four years ago, he
had been arrested for outstanding parking tickets and had left Patricia
Soister to watch his display.
Commissioner Taliaferro asked Mr. Lazar if the kites that Ms. Tatum had
been selling were similar to the ones for which she was screened as a
family unit with Mr. Bustillos. Lazar showed the Commissioners the photo
taken on the street and the photo taken of the work at the screening,
and said he felt the work was similar.
Commissioner Taliaferro stated that Mr. Lazar was proper in citing Mr.
Bustillos and Ms. Soister when their names had been mentioned in his
conversation with Ms. Tatum; he would have been remiss to have not done
so. The Commissioner added that he did not feel a conviction could be
upheld.
Patricia Soister told the Commissioners that she was in New Mexico on
the day of Ms. Tatum 's incident.
Commissioner Hanson moved that the charges against Mr. Bustillos and Ms.
Soister be dismissed; the motion was seconded by Commissioner Taliaferro
and unanimously approved.
II REQUEST FOR WAIVER OF TREASURER'S FEE ON RETURNED CHECK: DAVID MASON
The Committee observed that Street Artist David Mason's check for his
certificate renewal lacked his signature and, for that reason, had been
returned. Commissioner .Hanson moved that the Treasurer's fee for Mr.
Mason's returned check be waived; the motion was seconded by Commissioner
Taliaferro and unanimously approved.
III REQUESTS BY FORMER CERTIFICATE-<HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Paul Grogan - Certificate #2918 expired April 17, 1984; his request for
issuance was submitted May 7th. Mr. Grogan told the Committee that he
had mistaken his renewal date for the date of a scheduled operation on
his hand. Commissioner Hanson moved that Mr. Grogan 's request be ap-
proved; the motion was seconded by Commissioner Taliaferro and unani-
mously approved.
Continued
STREET ARTISTS PROGRAM COMMITTEE - 5/22/84 Minutes Page 5
B. Robert Simon - Certificate #1021 expired April 19, 1984; his payment
for renewal was postmarked four days after his last renewal period
day. Mr. Simon told the Committee that in Mendocino the mail is
picked up once a- week and his envelope had not been picked up on time.
Commissioner Hanson moved that Mr. Simon's request be approved; the
motion was seconded by Commissioner Taliaferro and unanimously approved,
C. Margarita Montcza - Certificate #2856 expired April 5, 1984; her
request was received May 14, 1984.
Commissioner Hanson moved that Ms. Monteza's request be approved; the
motion was seconded by Commissioner Taliaferro and unanimously approved,
IV NEW BUSINESS
Commissioner Hanson reported that Supervisor Silver was considering the
possibility of establishing street artist locations adjacent to the
J. C. Penney Building on Market Street. The Commissioners asked Mr.
Lazar to see if spaces on that block already exist.
Respectfully submitted:
Howard Lazar
City and County of San Francisco
A~?0.7£"
Dianne Feinstein
MAYOR
Arts Commission
DOCUMENTS DEPT ^Zt'ZT.
** u tP|, DIRECTOR
JUN 2 5 1984
SAN FRANCISCO
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
MEETING OF ST REET ARTISTS AND PROGRA M DIRECTOR ON
-^
REGULATION OF LOTTERY AND SPACE- ASSIGNMENT RULES
A ND PROCEDURES
Monday, June 18, 1984
1Q;3Q a.m.
CONFERENCE ROOM (3rd floor)
45 Hyde Street (at McAllister)
San Francisco, California
5^ AGENDA
: DISCUSSION AND PROPOSALS RE: THE FOLLOWING :
A. Lack of Clear Definition of Occupancy Rule
B. Giving* Away of Spaces
C. Enforcement of Occupancy of Spaces; Bumping Procedure
D. Elimination of Signing Up for Two Spaces on Any Day
E. Clarification of "Family Unit"
F. Penalties
II NEW BUSINESS
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
City and County of San Francisco
%
Dianne Feinstein
MAYOR
Arts Commission
.its cr
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Fredrick Goerner
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
jti 2 5 1984
STREET ARTISTS PROGRAM COMMITTEE
Tuesday,"" June 19, 198*+ - 2:30 P.m.
Main Library - Lurie Room (ground fl o or )
Larkin and McAllister Streets
San Francisco, California
Claire N. Isaacs
DIRECTOR
AGENDA
HEARINGS ON ALLEGED VIOLATIONS
A. Harry Mason - Certificate #2^3^
ALLEGED VIOLATIONS: Street
Artist Violation III (one or
more items do not appear to
be of artist's oqn creation);
Street Artist Violation V
(salesperson for artist).
i
B. Kathryn Strong - Certificate #29^1 ALLEGED VIOLATION: Street
Artist Violation III .
C. Terry Harms - Certificate #2925 ALLEGED VIOLATION: Street
Artist Violation III ; and
Section 2*fC4(b) Certificate
Transfer, Article 2^.2, Part II ,
Chapter VIII, S. F. Municipal
Code.
II REQUEST BY STAFF FOR ADVISORY COMMITTEE COMPENSATION FOR STUDIO
VISITS AND OTHER FUNCTIONS DEEMED APPROPRIATE BY ARTS COMMISSION
III PROPOSAL FOR LOTTERY SYSTEM
IV CORRECTION OF PROGRAM COMMITTEE MINUTES OF MAY 22, 198*f
NEW BUSINESS
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
City and County of San Francisco
Arts Commission
Dianne Feinstein
MAYOR
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
STREET ARTISTS PROGRAM COMMITTEE
June 19, 1984
Main Library - Lurie Room
Larkin and McAllister Streets
San Francisco, California
MINUTES
Claire N. Isaacs
DIRECTOR
DOCUMENTS DEPT.
JUL 9 1984
SAN FRANCISCO
PUBLIC LIBRARY
Present: Commissioners Hanson and Taliaferro
Chairman Taliaferro called the meeting to order at 2:35 p.m.
I HEARINGS ON ALLEGED VIOLATIONS
A. Harry Mason and Kathryn Strong . Program Director Lazar in-
formed the Committee that on March 29, 1984, he received a
report that Street Artist Harry Mason employs workers who
are involved in the creation of most of the items he sells
from his street artist display, and also that his items
are sold from the display of Street Artist Kathryn Strong.
On April 5, 1984, at 12:20 p.m., Mr. Lazar observed Ms.
Strong on Geary Street (near Stockton) , displaying earring
items, many of which were attached to backings bearing the
name "Harry Mason." The same name was also on cardboard
boxes on Ms. Strong's display. The receipt of the report
on Mr. Mason and the observation of Ms. Strong's display
occurred when the previous Arts Commission Violation Code
was in effect; the two certificateholders were therefore
charged in violation of that Code. Mr. Mason's alleged
violations: Street Artist Violation III (category of craft
is certified, but one or more items displayed does not ap-
pear to be of artist's own creation); and Street Artist
Violation V (salesperson selling for street artist). Ms.
Strong's alleged violation: Street Artist Violation III.
Mr. Mason and Ms. Strong were heard by the Advisory Committee
of Street Artists and Craftsmen Examiners on May 22, 1984.
Mr. Lazar related, from his notes, some of Mr. Mason's
responses to questions at the hearing:
1) Mr. Mason has three people who work for him but do
not work on the items he' sells on the streets.
2) His workers do not do "completion work" - only the
preparatory work as cutting the wire, etc.
Continued.
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
STREET ARTISTS PROGRAM COMMITTEE - June 19, 1984 Minutes Page 2
3) His workers do only the items for his wholesale business.
k) He started hiring people a year before to keep up with the whole-
sale business.
5) No one in his company can make his item known as the "ear spiral"
- the workers could cut the wire and file the ends but could not be able
to do the actual piece. Mr. Mason himself makes the "ear spiral" for both
the street business and the wholesale business.
6) Mr. Mason trained Ms. Strong before any of the other workers
were hired.
With regard to the alleged Violation III for both Mr. Mason and Ms.
Strong, the Advisory Committee found "not enough evidence to support this
as any violation." With regard to Mr. Mason's alleged Violation V, the
Advisory Committee found: "(l) photo" (of Ms. Strong's display) "shows a
violation; (2) Kathryn & Harry do their own work - We find that the actual
work is not in violation and we recommend that they apply as a family unit."
Mr. Mason was questioned by the Commissioners and gave the following
responses:
1) He has people who work for him, but' they do not make the work he
sells on the street.
2) He sells the same type of items wholesale as he does on the street.
#
3) He keeps his sales kit of street artist items separate from the
other merchandise he ships out.
k) He uses the street to "test" new designs.
5) For his wholesale business, none of his workers makes the complete
item; Mr. Mason works on all the items that his workers make for the
wholesale business, and he alone makes 100% of the items for the street.
6) Mr. Mason works from 8 a.m. to 9 p.m. and works on the weekends
as well; he also makes his items at his display on the street.
7) He was surprised to see his former worker Tom Schioler at the
Program Committee meeting; Mr. Schioler had worked for him for a year,
never did completion work, and was let go for undesirable circumstances.
8) Mr. Mason produces approximately 600 pieces a month.
The Program Committee heard testimony from Mr. Tom Schioler:
l) Mr. Schioler worked for Mr. Mason from November, 1982, to the
end of March, 198^; he polished, cut, bent, and hammered the items.
Continued
STREET ARTISTS PROGRAM COMMITTEE - June 19, 198^ Minutes Page 3
2) Mr. Schioler observed that Mr. Mason employed seven workers:
Schioler, Jonda Miller, Mitzi Hoffweill, Wendy Klein, Harry's mother,
Michelle Colbert, and a woman named Laura. Mr. Schioler described the
tasks of each worker on the jewelry items.
3) Mr. Schioler exclusively made the item called "9c" and Mr. Mason
had no part in its making. Mr. Schioler cut the wire, bent, filed,
hammered and polished it.
^f) Mr. Mason trained Ms. Strong to be able to demonstrate to the
Advisory Committee that she could put the jewelry together. Mr. Mason
supplied her with materials for his street sales.
Mr. Schioler identified, for the Committee, the items he had made,
as they appeared in Harry Mason's catalogues. He also identified in
the catalogues the items, he said, made by the other workers. He
identified the item "9c" which he said he made entirely. He showed the
Commissioners copies of his last paycheck and records of what he had
made for Mr. Mason. He also produced a statement which, he claimed,
Mr. Mason had made him sign to not disclose any information about the
operation of the business without written consent of Harry Mason Designer
Jewelry.
5) Mr. Mason did not separate his street items from his wholesale
items.
Mr. Mason told the Commissioners:
1) Mr. Schioler was doing this out of vindictiveness for being
fired.
2) Mr. Schioler had had a drug and alcohol problem.
3) Mr. Schioler had made the "9c" for him, but Mr. Mason never
sold this item on the streets because it was too low of a price.
^f) Out of the entire catalogue, Mr. Schioler had pointed to only
one item which he had made completely; Mr. Mason had forgotten this
item beacuase he had not sold it.
5) Mr. Schioler did not know for a fact that Mr. Mason did not
separate the street items fifom the wholesale items.
6) Mr. Mason has three current employees; the maximum number at
any one time was four. He had neglected to mention his mother because
she does labels for him and not jewelry work.
Program Director Lazar submitted to the Commissioners a letter to
Mr. Schioler from the Division of Occupational Safety and Health,
Continued.
STREET ARTISTS PROGRAM COMMITTEE - June 19, 198^ Minutes Page k
responding to Mr. Schioler's complaint about rouge dust, niobium metal
ground, at Harry Mason's worksite. The letter mentioned that "Mr.
Mason claimed that he is not an employer at this time."
Mr. Mason responded that his workers are "contractors" and not
"employees," and that the investigator gave him no citation.
Commissioner Taliaferro stated that Mr. Mason had told the Commit-
tee he has three or four employees and yet told the State that he has
none. The Commissioner added that there was not enough information to
discount Mr. Schioler, nor enough to discount Mr. Mason.
Street Artist Virginia Burris told the Committee that Mr. Mason is
always busy making his items while on the street.
Ms. Strong stated that she was not a salesperson for Mr. Mason, and
that at the time the Program Director photographed her display, she was
not selling Mr. Mason's items. The cards she uses (to which her items
are attached) are like Mr. Mason's; she had picked up some of his cards
by mistake.
Commissioner Hanson moved that clarification be obtained from Mr.
George Mukai, District Supervisor of the Division of Occupational Safety
and Health, as to his Department's meaning of the word "employer"; that
the case of Harry Mason and Kathryn Strong be sent back to the Advisory
Committee for a review of the Advisory Committee's findings; and that
- if the Advisory Committee is so inclined - Mr. Mason and Ms. Strong be
screened for verification as* a family unit. The motion was seconded
by Commissioner Taliaferro and unanimously approved.
B. Terry Harms . Mr. Lazar informed the Commissioners that on May 11, 198*f,
shortly before noon, he received a call from an artist at Justin Herman
Plaza who complained that a street artist had set up an unlicensed
saleswoman to sell his items at the Plaza. Mr. Lazar went to the Plaza
and, at 12:30 p.m., photographed a female salesperson make a cash trans-
action with a customer for a jewelry item. There was a street artist
certificate on her table; the photo part of the certificate was covered.
Mr. Lazar found that that it belonged to Terry Harms and told the woman
to stop selling and to take down the display. She took a half hour to
remove the items; as she did so, she made another sale which Lazar
photographed. Photos were t^ken of the merchandise on the table which
included beads of a "satin" type finish in strands that appeared to be
commercially manufactured. Several street artist witnesses told Lazar
that they saw a man deliberately set up the saleswoman with the display
at about 10:30 a.m., and that he was told by the artists that the
Plaza was inspected. The incident and its report occurred when the
previous Arts Commission Violation Code was in effect. Mr. Harms was
therefore charged in violation of that Code, as follows: Street Artist
Violation III (category of craft it certified, but one or more items
Continued
STREET ARTISTS PROGRAM COMMITTEE - June 19, 198^ Minutes Page 5
displayed does not appear to be of the artist's own creation); and
Street Artist Violation V (salesperson selling for street artist). In
addition, Mr. Harms was charged with violating Section 2^0^ (b) Certificate:
Transfer , Article 2^.2, Part II, Chapter VIII, San Francisco Municipal
Code ("Any Street Artist Certificate issued pursuant to the terms of this
Article cannot be transferred to any other person as defined in Proposition
'I/.").
Mr. Lazar requested that this last charge be withdrawn. He also stated
that Mr. Harms was presently under a six-week suspension of his certificate
for failing to return his "Request Form for Standard Penalty or Appeal."
(Street Artist Violation V allows an artist the option of accepting a
standard penalty as per the Code, or of requesting a hearing before the
Program Committee. Mr. Harms was notified that his "Request Form" had
to be returned by June 7th, or the standard penalty would be imposed.
The Program never received his form. )
Mr. Harms was sent notice that he was under suspension. Both the Police
and the Lottery Committee were notified of this, too. On June l8th, Mr.
Lazar was informed by members of the Lottery Committee that , on the
previous day, Mr. Harms obtained a space through the lottery system.
(Submitted was the lottery sign-in sheet bearing Mr. Harms' name beside
a street space.) Mr. Harms was now charged with Street Artist Violation
VIII (participation in the official lottery and/or selling during period
of certificate suspension).
Mr. Harms told the Commissioners:
#
1) The woman was not selling for him; she was not his employee. (He
submitted a letter of explanation signed, he said, by the woman.) He had
removed his items from his table and had left the table with her in order
to take care of a flat tire on her car. She became discouraged over not
having gotten to her crafts fair, so she set up her own items on his
table. Artists at the Plaza asked her who she was. She reached into
Mr. Harms' suitcase and took out his street artist certificate and placed
it on the table as a means of verifying that she was saving his space for
him. .
2) Some of the items that Mr. Harms purchases from wholesalers he
sells to other people who, in turn, sell them in craft fairs; the woman
was such a person.
The Committee heard from Mr. Dave Burns, owner of Skyline Imports, whose
shop is in the Jewelry Center at 101 Utah Street. Mr. Lazar submitted
samples of "satin" type beaded necklaces and other beaded necklaces.
Mr Burns identified the former type as being sold by another wholesaler
in the Jewelry Center; he stated that they appeared to be the same type
as in Photograph fk taken by Mr. Lazar at the time of the incident.
Mr. Burns identified the other samples of beaded necklaces as his own,
Continued,
STREET ARTISTS PROGRAM COMMITTEE - June 19, 198^ Minutes Page 6
imported from Greece and sold in his shop. He arranged them in the
order, he said, in which they appeared in Photos #1, 2, and 3 taken by
Mr. Lazar. He stated that seven of his necklaces appeared in Photo #1,
five in Photo #2, and five in Photo #3. He further identified indivi-
dual strands in the photos as also appearing in his catalogue which he
showed to the Commissioners. With regard to the "satin" type beads, he
stated that they are imported from Thailand, and that he knows other
merchants who sell them.
Mr. Burns identified copies of Skyline Imports invoices dating from
December 7, 1983 to June 1, 198^, bearing the name "Terry Harms," and
listing the items and quantities purchased. Mr. Burns identified
particular items listed as appearing in the photographs. (It was noted
that two types of items sold to Mr. Harms on May 1st appeared, according
to Mr. Burns, in the photos taken ten days later.)
Mr. Burns testified that Mr. Harms had told him he was a street artist.
Through various conversations in which Mr. Harms requested that clasps
and other features of Burns' necklaces be changed, Mr. Burns got the
impression that Mr. Harms was selling the items on the street. Mr. Burns
has other street artist customers who typically look for loose beads or
broken strands out of which to make their own items. He said it was
conceivable that some of his customers sell in fairs; he felt, however,
that this was not typical.
Mr. Harms told the Committee that Burns' items are never on his display,
and he said the Advisory Committee could verify this. Advisory Committee
member Mark Ankeles stated that in the course of his monitoring duty, he
has not seen Burns' items nor 'the "satin" type beads on Mr. Harms' table;
however, he said, each time he has approached the table, Mr. Harms
shoved a handful of items under the table.
Mr. Lazar was asked to enumerate the penalties for the three violations.
They are suspensions of six weeks for S.A.V. Ill, six weeks for S.A.V. V,
and one year for S.A.V. VIII.
Commissioner Taliaferro informed Mr. Harms of his right to appeal to the
Arts Commission, the Board of Permit Appeals, and the court.
Commissioner Hanson moved that Mr. Harms be found in violation of the
Arts Commission's Street Artist Violation Code adopted January 7» 1980,
Street Artist Violations III^ V, and VIII, that Mr. Harms' certificate
be suspended for a period of one year, and that the two six-week suspensions
relative to S.A.V. Ill an V run concurrently with the one-year suspension.
The motion was seconded by Commissioner Taliaferro and unanimously approved.
9
II REQUEST BY STAFF FOR ADVISORY COMMITTEE COMPENSATION FOR STUDIO VISITS AND
OTHER FUNCTIONS DEEMED APPROPRIATE BY THE ARTS COMMISSION
Mr. Lazar explained that, at present, the Advisory Committee receives $35
Continued.
STREET ARTISTS PROGRAM COMMITTEE - June 19, 198^ Minutes Page 7
per member for each meeting held. Legislation was necessary to compensate
the Committee for studio visits and other duties, as the weekend monitoring
duty. He proposed that the same rate of compensation be applied.
Commissioner Hanson moved that legislation be submitted to the Board of
Supervisors to provide compensation for the Advisory Committee of Street
Artists and Craftsmen Examiners for studio visits and other functions
deemed appropriate by the Arts Commission. The motion was seconded by
Commissioner Taliaferro and unanimously approved.
Commissioner Taliaferro requested that - if it is possible - the compensation
be retroactive.
Ill PROPOSAL FOR LOTTERY SYSTEM
The Committee heard a proposal from Street Artists Robert and William Clark
to improve the lottery (space-assignment) system. Mr. William Clark stated
that the concept of the proposal was to provide a larger number of spaces
for allocation. Their initial proposal for one lottery for all spaces on
one day of the week had been revised to a proposal for a lottery on two days
a week, Monday and Friday. Mr. Clark read from a list of ~^h reasons why he
felt the proposal offered the artists greater advantages.
The Committee heard from Street Artists Bennett Weiss, Linda Stark, Virginia
Burris, and Jill Schlesinger who were not in favor of the proposal, and
Xavier LeBon who was in favor of it. Some of the objections were that the
proposed lottery would take too long to run - three to four hours; opportunity
would be eliminated for certain .groups of artists who could not be present
on the two lottery days; the proposal was sophisticated and unnecessary; the
present lottery runs well - the problem is not with the lottery but with the
"scams" that occur afterward. Many "scams" occur with people signing up for
two spaces in one day, and in giving away their space.
The opponents expressed a counter-measure: retain the present system but
add two types of lottery violations that would receive the penalties of
the Commission's recently adopted "Hearing Procedure of Street Artist Vio-
lations; Penalties for Violations":
Signing in for more than one space on any given day (all
lotteries included)* (Lottery sign-up sheets will be kept
by the Arts Commission for a period of six months.)
9
Failure to occupy a space for which the artist has signed
on three separate occasions within a period of two months.
(Occupying a space means an aartist setting up the working
display and the artist selling in the space for a minimum
duration of three hours. In the event of a question of
occupancy of a space, the Lottery Committee workers shall
havE available an Arts Commission document slip containing
spaces for the signatures of three witnesses, to be submit-
ted as evidence to the Arts Commission.
Continued
STREET ARTISTS PROGRAM COMMITTEE - June 19, 1984 Minutes Page 8
The artists asked that these two provisions be adopted now in time for
summer.
Commissioner Taliaferro said the two provisions would solve a lot of problems,
He added that a good number of provisions offered in the Clark Brothers' pro-
posal were worthy of consideration in modifying the present system.
Commissioner Hanson moved that the words "on three separate occasions within
a period of two months" be deleted from the second lottery provision and
that both provisions be added to the list of violations enumerated in the
"Hearing Procedure of Street Artist Violations," as follows (as underlined ) :
" ... There shall be a penalty of two (2) months suspension
of certificate for a first offense of any of the following
violations, and there shall be a penalty of revocation of
certificate for a second offense of any of the following
violations if the person has been found in violation by the
Arts Commission within the twelve-month period immediately
preceding the current offense, and that finding has not been
overruled by the Board of Permit Appeals: ...
" ... 8) Signing in for more than one space on any given day
(all lotteries included). (Lottery sign-up sheets will be
kept by the Arts Commission for a period of six months.)
" 9) Failure to occupy a space for which the artist has
signed. Occupying a space means an artist setting up the
working display and the artist selling in the space for a
minimum duration of three hours. In the event of a question
of occupancy of a space, the Lottery Committee workers shall
have available an Arts Commission document slip containing
spaces for the signatures of three witnesses, to be submitted
as evidence to the Arts Commission. "
The motion was seconded by Commissioner Taliaferro and unanimously approved.
IV CORRECTION OF PROGRAM COMMITTEE MINUTES OF MAY 22, 1984
Commissioner Hanson moved that the May 22, 1984 Minutes of the Street Artists
Program Committee be corrected as follows: Page 5, last paragraph (under "NEW
BUSINESS") be replaced with "Commissioner Hanson reported that Supervisor
Silver suggested exploring using the J. C. Penney Building sidewalk location
as possible sites for street artists. The Commissioners asked Mr. Lazar to
investigate the possibilities." The motion was seconded by Commissioner
Taliaferro and unanimously approved. ,
The meeting adjourned at 5:50 p.m.
Respectfully submitted:
Howard Lazar
City and County of San Francisco
^ Arts Commission
,-
Commissioners
A70.7S"
n
7/3 1 A 4
Dianne Feinstein
MAYOR
Claire N. Isaacs
DIRECTOR
STREET ARTISTS PROGRAM COMMITTEE
& 3 ?
Tuesday/ July «fc, 1984 -
O-.'crO
p.m.
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
William Gaylord
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ruy Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
Main Library- Lurie Room (ground flpoxJ _____
Larkin and McAllister Streets L»oGUMENTS ^-Pl.
San Francisco, California
.AGENDA
JUL 2 1984
SAM l-KMixiUiSCO
PURI ir ' IPRARY
CERTIFICATE FEE INCREASE TO PROVIDE FOR TWO STREET ART
INSPECTORS (CLASS 1840 JUNIOR MANAGEMENT ASSISTANT)
II REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Maria Son and Rang Woo Son - applied January 28, I983.
B. You Shan Tang - applied June 24, 1982 and was screened
December 20, 1983; did not obtain certificate.
Ill REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Geoffrey Kington - Certificate # 2906 expired May 3, 1984;
his letter-request received by office July 2, 1984.
B. Keith Donube - Certificate # 2880 expired June 2, 1984;
his letter-request received by office July 5, 1984.
C. Nancy Ingwersen - Certificate # 283I expired May 23, 1984;
her letter-request received by office July 10, 1984.
D. Armand Frederick - Certificate # 2887 expired June 22, 1984;
his renewal payment was postmarked July 10, 1984 (one
day after final grace period day).
E. Christopher White - Certificate # 2694 expired October 29,
1983; his letter request received by office July 5i 1984.
IV HEARING OF LOTTERY COMMITTEE MEMBER RICHARD WASSERMAN: ALLEGED
FAILURE TO APPEAR TO RUN LOTTERY TWICE DURING ELECTED TERM
(NOTE: Lottery Rule VII: "INFRINGEMENTS OF GUIDELINES by
Committee members may result, after a hearing conducted by
the Art Commission, in dismissal from the Lottery Committee if
... Committee member fails to appear to run Lottery on his/her
scheduled day, twice during their elected term.")
(415) 558-3463
V NEW BUSINESS #
45 HYDE STREET - ROOM 310
SAN FRANCISCO, 94102
City and County of San Francisco
r. . L yucT*i
Arts Commission
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
William Gaylord
Jo Hansou
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
Dianne Feinstein
MAYOR
4 STREET ARTISTS PROGRAM COMMITTEE
— — — — — — — — — — — — — — — — —
^ July 31, 198*f
Main Library - Lurie Room
Larkin and McAllister Streets
San Francisco, California
Claire N. Isaacs
DIRECTOR
DOCUMENTS DEPT.
AUG 2 1984
SAN FRANCISCO
\r\ LIBR' r>v
•"" MINUTES
Present : Commissioners Taliaferro and Hanson.
Chairman Taliaferro called the meeting to order at 2:15 p.m.
I HEARING ON CERTIFICATE FEE INCREASE TO PROVIDE FOR TWO
STREET ART INSPECTORS
Program Director Lazar stated that this was his request
for two additional positions for the Program - Class 18^0
Junior Management Assistant - and gave his reasons:
l) The Director required assistance in the management
of the Program, especially in the area of preparation for
meetings and in investigative work.
2) The Program required the establishment of a chain
of command; while there is a Clerk-Typist handling the
issuance of certificates, there is no one assisting in the
enforcement and administrative branches of the Program.
3) The Program required daily enforcement of its
rules - especially its lottery rules. There has not been
a general compliance with the Commission's recently
adopted lottery regulations; artists are not willing to
come forward and testify against violators. Two street
art inspectors would be detailed to attend each lottery,
obtain the sign-up sheet for spaces, and monitor the
occupancy of the spaces hour by hour each day in order
to verify that the spaces are being occupied legitimately.
The Commissioners asked what the fee would have to be in
order to provide for the positions. Mr. Lazar stated
that the positions with their mandatory fringe benefits
would increase the budget from $48,000 to $9^,505. This
figure divided by the Program's 600 artists equals
$157.58 for a yearly certification fee per artist. Mr.
Lazar proposed that the present fee of $80 a year be
doubled.
Mr. Lazar reported that the Advisory Committee of Street
Continued.
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
STREET ARTISTS PROGRAM QOMMITTEE - 7/3l/8*f Minutes Page 2
Artists and Craftsmen Examiners said that they would continue in their
weekend monitoring of the crafts sold on the streets but would reduce
their time on the streets, as they had never intended this to be a
permanent duty of theirs. Mr. Lazar estimated that the two new positions,
once approved by the 'Board- of Supervisors, could be filled by September or
October. This would provide enough time to train the inspectors for the
Christmas season.
Director of Cultural Affairs Claire Isaacs informed the Commissioners
that the Board of Supervisors' Finance Committee has held these two
positions in "reserve," anticipating the possible fee increase and the
filling of the positions. She stated that new positions that come into
the budget are funded only from the beginning of September and are funded
for ten months in the first year. Because many departments are also trying
to fill positions at that time, it may take a little longer, through Civil
Service, to fill the two inspectors' positions. She said that October
would be more realistic than September. The Commission would have to
find out if there is a list and the state of that list. Since many
departments call for the list at that time, there is always a backlog.
Commissioner Taliaferro stated that. the Street Artists Program is over
twelve years old and has never had a certificate fee increase, even though
the cost of operating the Program has gone up. A fee increase for this
purpose would certainly be in order.
Director Isaacs said that she was recommending on the increase in the
sense that she believed that the work load is such that it is not possible
for the Program's Director to certify and inspect and also serve at
various hearings and appeals. ' She added that should the Director, for any
reason, be unable to attend to any of these functions, the Program would
be seriously jeopardized. It was highly important that there be assistance.
Commissioner Hanson moved that the street artist certificate fee be in-
creased to $l60 a year in order to provide for two positions, Class 18*4-0
Junior Managemnt Assistant, for the Street Artists Program. The motion
was seconded by Commissioner Taliaferro and unanimously approved.
II REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Maria Son and Rang Woo Son - applied January 28, I983. Ms. Sofie Son
appeared with her parents and spoke to the Commissioners on their behalf.
She said that she and her parents have sold their items from the Long-
shoremen's parking lot on Taylor Street for the past five and a half
years. When they started, their rent for the space was $1^0 a month;
it then went up tp S250 and $350. Recently, their rent was raised to
$5^0 with the requirement that a first and last month's rent be paid.
She said they can no longer afford to rent from the Longshoremen's
lot, that business is bad, and that her father can no longer work be-
cause of medical reasons. She was requesting that her parents be given
priority, above the waiting list of applicants, in the issuance of
Continued
STREET ARTISTS PROGRAM COMMITTEE - 7/31/84 Minutes Page 3
street artist certificates. She said they understood the Street
Artists Program's requirement that the certificateholder makes
what he sells, and she said her parents presently make almost
everything they sell: seashell and cocoanut jewelry. She added
that her parents cannot find another job because they do not speak
English.
Commissioner Taliaferro said it would be difficult making a precedent
for such reasons, that if a precedent were made, there would be no
way for the Commission to say no to others who wish to be placed at
the top of the list. Many of the artists, he said, have said that
they cannot do anything else - some of them, too, come from other
businesses for health reasons.
Commissioner Hanson agreed and added that one's sympathies go in one
direction but the fairness to the Program must be considered.
Commissioner Hanson moved that the request for priority by Maria
Son and Rang Woo Son be denied. The motion was seconded by Commis-
sioner Taliaferro and unanimously approved.
Director Isaacs asked the applicants if they had investigated other
sources to sell their work for them; Ms. Son replied that they had
but could find no one. Commissioner Taliaferro wished them well
for the next six months (when it is estimated that they will be
called for a screening by the Program).
B. You Shan Tang - applied .June 24, 1982, and was screened December 20,
1903; did not obtain certificate. Mr. Lazar explained that Mr. Tang,
like all applicants had had ten working days from the date of his
screening to obtain his certificate. Commissioner Taliaferro asked
Mr. Tang why he had waited. Mr. Tang replied that his English is
not good, that he had not understood the requirement. He had later
become ill for two months and afterward got a graphic design job.
Presently he has no job. With his street artist certificate, he
intends to sketch portraits and sell paintings.
Commissioner Hanson moved that the request for priority in issuance
of certificate by You Shan Tang be approved. The motion was seconded
by Commissioner Taliaferro and unanimously approved.
Ill REQUESTS BY FORMER CERTIFICATE -HOLDERS FOR PRIORITY IN ISSUANCE OF
CERTIFICATE
A. Geoffrey Kington - Certificate #2906 expired May 3, 1984; his letter-
request was received by the Program office on July 2, 1984. Commis-
sioner Hanson moved that Mr. Kington's request be approved. The motion
was seconded by Commissioner Taliaferro and unanimously approved.
B. Keith Donube - Certificate #2880 expired June 2, 1984; his letter-
Continued
STREET ARTISTS PROGRAM COMMITTEE - 7/3l/8*f Minutes Page h
request was received July 5i 198*+. Commissioner Hanson moved that
Mr. Donube's request be approved. The motion was seconded by Commis-
sioner Taliaferro and unanimously approved.
C. Nancy Ingwersen ' - Certificate #2831 expired May 23» 198^; her letter-
request received July 10, 198*+. Commissioner Hanson moved that Ms.
Ingwersen's request be approved. The motion was seconded by Commis-
sioner Taliaferro and unanimously approved.
D. Armand Frederick - Certificate #2887 expired June 22, 198*+; his renewal
payment was postmarked July 10, 198*+ - one day after his final grace
period day for renewal. Commissioner Hanson moved that Mr. Frederick's
request be approved. The motion was seconded by Commissioner Taliaferro
and unanimously approved.
E. Christopher White - Certificate #269*+ expired October 29, 1983; his
letter-request was received July 5i 198*+. Mr. White told the Committee
that on October 15, 1983 he was committed by the mental health court
judge to Cordilleras Mental Health Center in Redwood City. He said
that someone had hit him from behind in Chinatown. He submitted letters
on his behalf from G. Austin Conkey, M. D. and John Moe, Psychiatric
Social Worker. He said he was released from the facility on July 3rd,
and on the 5th he came to the Street Artists Program to request priority
in obtaining a certificate. He said he felt he would be able to work
the streets, but would not be up to handling a job of long hours, as
working in a restaurant.
Commissioner Hanson moved that Mr. White's request be approved. The
motion was seconded by Commissioner Taliaferro and unanimously approved.
Mr. White stated that he would sell only that which he had been approved
to sell.
Commissioner Hanson moved that the requirement for a re-screening of
his work be waived. The motion was seconded by Commissioner Taliaferro
and unanimously approved.
IV HEARING ON LOTTERY COMMITTEE MEMBER RICHARD WASSERMAN: ALLEGED FAILURE TO
APPEAR TO RUN LOTTERY ON TWO OCCASIONS
Program Director Lazar said he had received word that Mr. Wasserman had
resigned from the Lottery Committee. The Commissioners requested Mr.
Lazar to investigate this and - if Mr. Wasserman is still on the Commit-
tee - to reschedule the hearing for the following month.
V NEW BUSINESS
A. Request by Former Certificate-holder Phyllis Marten for Priority in
Issuance of Certificate - Certificate #2372 expired February 28, 198*+;
Continued
STREET ARTISTS PROGRAM COMMITTEE - 7/31/84 Minutes Page 5
Ms. Marten telephoned the office on July 23, 1984 to request priority
in issuance of certificate. She had been in Hawaii, had suffered a
mental breakdown, lost her home and her marriage. She told the Com-
missioners that she had authorized her doctor to send a letter to the
Program on her behalf.
Commissioner Taliaferro moved that Ms. Marten's request be approved
with the stipulation that her certification be processed upon the
Program's receipt of Ms. Marten's doctor's letter. The motion was
seconded by Commissioner Hanson and unanimously approved.
B. Temporary Spaces for Christmas . Street artist Linda Stark requested
the renewal of the temporary sales spaces for the Christmas season be
placed on the Program Committee's agenda for August to allow sufficient
time for action by the Board of Supervisors and the marking of the
spaces by Public Works. The Commissioner requested that this be placed
on the agenda.
C. Lottery System . Street artist William Clark asked when the Program
Committee would place their lottery proposal back on the agenda.
Commissioner Taliaferro asked about the present lottery situation.
Ms. Stark said that the Commission's recently adopted second lottery
regulation was "falling down" - no one was willing to bear witness to
anyone else. The Clark Brothers took exception and called for enforce-
ment of the rule. The problem is that some members of the Lottery
Committee were not willing to do their job in enforcing the rule.
Commissioner Hanson moved that the following provision be adopted and
disseminated: "Any street 'artist who wishes to occupy a space which
is occupied by another artist who has not signed in for the space may
file a complaint with any Lottery Committee member or Street Artists
Program staff, for submittal to the Street Artists Program Committee."
The motion was seconded by Commissioner Taliaferro and unanimously
approved.
Street artist Robert Clark told the Commissioners that Mr. Ron Miller,
Chairman of the Lottery Committee, is doing an excellent job. He
requested the Program Committee to let Mr. Taylor know of their ap-
proval because (according to Mr. Clark) he is considering resigning
due to pressure from other people in the Program.
Ms. Stark told the Commissioners that there are many artists of family
units who believe they can obtain spaces for the other members of their
units. She asked that the following provision be stated and disseminated:
"No one may sign in for a space and give it to someone else, including
family unit members." The Commissioners asked Mr. Lazar to see that
this be disseminated.
Commissioner Hanson moved that the meeting be adjourned. The motion
was seconded by Commissioner Taliaferro and unanimously approved.
The meeting adjourned at 3:21 p.m.
Respectfully submitted:
Howard Lazar "
City and County of San Francisco
Arts Commission
Commissioners
Roselyne C. Swig
President
?/ii/n
Dianne Feinstein
MAYOR
Claire N. Isaacs
DIRECTOR
STREET ARTISTS PROGRAM COMMITTEE
August 21, 1984
Public Health Building, Room 300 DOCUMENTS DEPT.
101 Grove Street, San Francisco »■*-, « n .~~ *
SEP 2 1984
MINUTES
Present: Commissioner Hanson.
SAN FRANCISCO
PUBLIC « IBRARY
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
William Gaylord
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
Commissioner Hanson called the meeting to order at 2:07 p.m.
The Commissioner explained that, with a lack of quorum, she
would not be able to make recommendations but would indicate
what her recommendations would be at the Commission meeting.
I RENEWAL OF TEMPORARY SALES SPACES FOR CHRISTMAS SEASON
(PROPOSAL FROM STREET ARTISTS ASSOCIATION)
Program Director Lazar informed the Commissioner that he
had attended a meeting with Mr. Lloyd Pflueger of the
Downtown Association, Linda Stark of the Street Artists
Association, and other artists, on the previous day, and
agreement had been reached on the following points to
be submitted for Arts Commission endorsement:
1) Re- designation of all the temporary downtown area
selling spaces for street artists, as per the
previous year's Board of Supervisors Resolution
960-83, for the period of November 23 - December
31, 1984.
2) Designation as permanent (year-round) spaces the
four temporary spaces at BART Plaza, resulting
from exemption of Police Code Section 2405(c-ll).
3) Designation of four temporary spaces on Stockton
Street, Post to Sutter, west side, near the Hyatt
Hotel, contingent upon the approval of the Hotel.
Ms. Stark stated that the designation of the four extra
spaces as permanent spaces at BART Plaza was much needed,
as that area is used all year round.
Mr. Pflueger stated that his organization agreed completely
with the proposal, and that he himself had recommended the
extra spaces at BART Plaza, since the reduction of space
between setups around the BART wall" was not a safety problem.
Commissioner Hanson thanked the parties for their cooperation
Continued.
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45 HYDE STREET - ROOM 310
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STREET ARTISTS PROGRAM COMMITTEE - 8/21/84 Minutes Page 2
and said she would recommend that the Commission endorse the entire
proposal.
II HEARINGS ON ALLEGED VIOLATIONS
A. Harry Mason and Kathryn Strong . Mr. Lazar stated that he had
received a letter from Mr. Mason and Ms. Strong requesting post-
ponement of their hearings due to previously scheduled appoint-
ments. Mr. Lazar said that he did not feel there was a problem
in postponing the hearings, for the following reasons: the hearings
were a continuation of previous hearings which they had attended;
relatively short notice had been sent to them; and their cases
were of the previous Violation Code which allowed for presentation
of satisfactory documentation explaining a first absence from a
scheduled hearing. Commissioner Hanson said the hearings would
be continued to the following month.
B. Mitchell Paradise . (ALLEGED VIOLATION: Display of items not in
accord with Arts Commission criteria.) Mr. Lazar reported the
following :
1) Photographs were taken of Mr. Paradise's display by the
Advisory Committee members on three occasions - May 25,
June 16, and July 20, 1984. The photographs (submitted
as evidence) showed commercially manufactured pendants
in necklaces and earrings.
2) On two previous occasions - May 2, 1983 and February 6,
1984 - the Arts Commission found Mr. Paradise in violation
for displaying items not in accord with criteria (on the
first occasion the penalty was suspended; on the second
occasion, a four-week suspension was imposed in accord
with the existing Violation Code).
3) On August 4, 1984, Mr. Paradise was witnessed by the
Advisory Committee as setting up a table commercially
manufactured cloisonne pendant earrings and die-cut
earrings.
4) On August 18 (three days before this hearing), Mr.
Paradise was again witnessed by the Committee as dis-
playing a table "in violation. Brass pendant earrings,
cloisonne, jade pendants."
Mr. Paradise stated the following:
1) Early this summer he was informed that his earrings did
not meet the criteria; he was subsequently handed a
sheet of paper which stated what the consequences would
be. He then stopped selling all pendant necklaces and
attempted to make his table conform to criteria. There
Continued
STREET ARTISTS PROGRAM COMMITTEE - 8/21/84 Minutes Page 3
were several times when the Advisory Committee came by
and made no comment about his table. Those times when
they did not take a picture he felt that they accepted
he was in compliance.
2) He had been involved in a fight against the bead criteria
and continued to fight long after other people abandoned
him in the fight.
3) He found himself with an enormous amount of material to sell
and therefore continued to sell the items that were seen in
violation.
k) On July 20th, the Advisory Committee took photos of his table
and told him that the items were still in violation.
5) There are many other items being sold on the street that are
not too dissimilar from what he is selling; cloisonne and
enameling are easily identifiable.
Mr. Paradise showed the Commissioner earrings that he had made, which
met the criteria, and said he was having success with them and was not
just displaying pendants.
Commissioner Hanson stated that she would recommend that Mr. Paradise be
found in violation for displaying items not in accord with Arts Commission
criteria and that his certificate.be suspended" for two months (as per the
present "Hearing Procedure of Violations").
C. John Cracas . (ALLEGED VIOLATION: Display of items not of the artist's
own creation.) Mr. Lazar reported the following:
1) On July 23i 1984, at 3:00 p.m., he (Lazar) observed a display
of commercially manufactured cloisonne-type haircombs, jewelry,
and cigarette-lighter covers, on Jefferson Street, adjacent to
the display of Gerard Pepper Cracas. There was no one behind
the cloisonne display. At 3:25 p.m., John Cracas arrived on a
motorcycle and took charge of the display. At J>: 32 p.m. he
accepted money from a customer, handed it to his father, Gerard
Cracas, who made change and handed the amount back to John who,
in turn, handed the change to the customer. Lazar took a photo
of the display (submitted as evidence). John covered the display
at 3:^5 p.m.
John Cracas stated the following:
1) On various occasions he has watched the table of Richard Webster
while Webster takes a break. On this occasion, he drove up on
his motorcycle and saw that Webster's table was unattended. He
did not recall making any sales for him.
Continued.
STREET ARTISTS PROGRAM COMMITTEE - 8/21/84 Minutes Page 4
Gerard Pepper Cracas stated the following:
1) In defense of his son, who is sixteen and just got his
certificate thirty days prior to the incident, he (Gerard)
as a father neglected to make sure his son was clear on
the rules. His son was not clear.
2) Richard Webster is a friend of John; John was not in any
position to sell.
3) Perhaps John ended up doing something inadvertently; he
(Gerard) did not know his son was making" a sale, as Gerard
was busy working and made change for him but did not notice
a sale being made.
4) If his son is found in violation, the circumstances should
warrant leniency and consideration in waiving the suspension.
He should be allowed the benefit of the doubt.
Commissioner Hanson explored the possibility of John's ignorance of
the law. Mr. Lazar stated the law governing the Program was simple:
the certificate-holder makes his own items and sells them himself.
Furthermore, the entire purpose of the examination of the artist's
items is to verify that they are of the artist's own creation.
At his screening, John brought only his drawings to show the Committee;
he was asked to do a drawing, and he did. He, like all applicants
for a certificate, signed an application which states "I swear, under
penalty of perjury, that the art or craft item(s) listed above is
of my own creation or the creation of my family unit...." He (Lazar)
would have given John the benefit of" the doubt - that he might be
watching someone else's display - had John not sold an item off the
display.
Commissioner Hanson stated that she would recommend that Mr. John
Cracas be found in violation for displaying items not of his own
creation and that his certificate be suspended for two months.
D. Richard Webster . (ALLEGED VIOLATIONS : (l) Display of items not of
the artist's own creation; (2) Display of items and/or participation
in Arts Commission lottery by artist during period of certificate
suspension.) Mr. Lazar reported the following:
1) On July 24, 1984, Lazar photographed Mr. Webster's display;
and on July 29, 1984, Advisory Committee member Mathew
Porkola photographed Webster's display; the photos (sub-
mitted as evidence) showed commercially manufactured
cloisonne-type haircombs, jewelry, and cigarette-lighter
covers.
2) On April 4, 1983, the Arts Commission found Mr. Webster in
Continued.
STREET ARTISTS PROGRAM COMMITTEE - 8/21/84 Minutes Page 5
violation for displaying items (the same type as in the
present charge) not of his own creation; the Commission
suspended the penalty.
3) On March 5» 1984, the Commission suspended Mr. Webster's
certificate until his completion of his hearing procedure
on the charge, again, of displaying items not of his own
creation. (He was suspended, in accord with the existing
Violation Code, for failing to appear at his scheduled
hearings. )
4) At the time of the present charged violations (July 24 and
29, 1984) he was - as he is now - under suspension.
5) On July 20, 1984, when he came to the Program office to
renew his certificate, he signed for and received the Arts
Commission's present "Hearing Procedure of Street Artist
Violations; Penalties for Violations."
6) On August 12, 1984, the Advisory Committee again photographed
Mr. Webster's display; according to the Committee, he was
"selling cloisonne haircombs & earrings 8c barrettes ob-
viously not made by artist."
7) The Program received a letter from Mr. Webster, dated August
17, 1984, stating that "due to the possible consequences on
my license, five days is insufficient time for me to gather
witnesses and discuss legal ramifications with my attorney
who is on vacation." Prior to his notice of the hearing
date, Mr. Webster was notified on August 1st of the charges
and that he would be sent notice of a hearing scheduled in
August .
8) On August l8th - one day after the date on Mr. Webster's
letter - Mr. Webster was observed by the Advisory Committee
as having an "entire display of fake cloisonne."
9) The "Hearing Procedure of Street Artist Violations" provides
that "failure to appear for any violation hearing may result
in a Program Committee recommendation of the penalty for the
violation of which the artist has been charged. If this
recommendation is approved by the Arts Commission, the
artist may either file- an appeal with the Board of Permit
Appeals within ten days or request a rehearing with the
Program Committee within ten days from the date of the
Commission's resolution."
Commissioner Hanson stated that she would recommend that Mr. Webster
be found in violation for (l) displaying items not of his own creation,
and (2) displaying items and/or participation in Arts Commission lot-
Continued.
STREET ARTISTS PROGRAM COMMITTEE - 8/21/84 Minutes Page 6
tery during period of certificate suspension, and that his certificate
be suspended for four months (in addition to the present suspension).
III RELOCATION OF SALES SPACES ON LEAVENWORTH STREET (PROPOSAL FROM PORTRAIT
ARTISTS)
Mr. Brian Hopper was present and representing four other portrait artists
who had signed a letter requesting that two sales spaces which were
eliminated by a recently placed doorway in the Cannery, be relocated near
the east entrance to the Cannery. Mr. Lazar informed Commissioner Hanson
that the proposed relocation was adjacent to a white-zone curb, that the
Board of Supervisors would have to waive the regulation prohibiting street
artist displays by white zones, and that he had talked with the Cannery's
General Manager, Christopher Martin, who said he had no problem with the
relocation.
Commissioner Hanson stated that she would recommend that the Commission
request the Board of Supervisors to exempt the area from the regulation
prohibiting selling adjacent to a white zone in order for the Department
of Public Works to relocate street artist spaces #9 and #10 near the
east entrance of the Cannery, adjacent to a white zone.
IV REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING
A. Joyce Garvey (applied December 8, 198l; letter requesting postponement
of screening to July, I985). Commissioner Hanson said she would
recommend that the Commission approve Ms. Garvey' s request.
V NEW BUSINESS (REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN
ISSUANCE OF CERTIFICATE)
A. Paul Adam (Certificate #2508 expired July 26, 1984). Commissioner
Hanson said she would recommend that the Commission approve Mr. Adam's
request.
B. Janet Silva (Certificate #2962 expired June 27, 1984). Commissioner
Hanson said she would recommend that the Commission approve Ms. Silva 's
request.
C. Chuck Wing Lee (Certificate #2913 expired June 26, 1984). Commissioner
Hanson said she would recommend that the Commission approve Mr. Lee's
request.
*
Street Artist Robert Clark asked that his forthcoming proposal for a
new election procedure for the Lottery Committee be placed on the
agenda of the November meeting of the Street Artists Program Committee.
He said he would send the Program a letter detailing the proposal.
The meeting adjourned at 3:23 p.m.
Respectfully submitted:
Howard Lazar v
City and County of San Francisco
Art Commission
Memorandum
Claire N. Isaacs
DIRECTOR
DATE: August 22, 1984
TO: All Commissioners
FROM: Howard Lazar
RE: Recommendations of Street Artists Program Committee for Arts Commission
Meeting of September 5th
Due to a lack of quorum at the meeting of the Street Artists Program
Committee on August 21, 1984, the following recommendations will be
submitted as part of the Committee's report, on the agenda of the
September 5th Arts Commission meeting:
1) Approval of proposal from Street Artists Association for
re-designation of temporary sales spaces for Christmas
season:
(a) Re-designation of all temporary downtown selling
spaces for street artists, as per the previous
year's Board of Supervisors Resolution 960-83;
for the period of November 23 - December 31? 1984.
(b) Designation as permanent (year-round) spaces the
four temporary spaces at BART Plaza, resulting
from exemption of Police Code Section 2405(c-ll).
(c) Designation of four temporary spaces on Stockton
Street, Post to Sutter, west side, near the Hyatt
Hotel, contingent upon the approval of the hotel.
2) Approval of finding: Mitchell Paradise violation of display-
ing items not in accord with Arts Commission criteria; sus-
pension of certificate for two months.
3) Approval of finding: John Cracas violation of displaying items
not of his own creation; suspension of certificate for two
months.
4) Approval of findings: Richard Webster violations of (a) dis-
playing items not of the artist's own creation, and (b) dis-
playing items and/or participation in Arts Commission lottery
by artist during period of certificate suspension; suspension
of certificate for four months (in addition to present sus-
pension).
Continued,
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
STREET ARTISTS PROGRAM COMMITTEE RECOMMENDATIONS (8/21/8*f Meeting) Page 2
5) Approval to request Board of Supervisors to exempt area on
Leavenworth Street, Beach to Jefferson (west side) from Police
Code Section 2^05 (c) (8) (l), in order for Department of Public
Works to relocate street artist spaces #9 and #10 near the
east entrance of the Cannery, adjacent to white zone.
6) Approval of. request .by applicant -Joyce Garvey for postponement
of screening to July, 1985.
7) Approval of request by former certificate-holder Paul Adam for
priority in issuance of certificate.
8) Approval of request by former certificate-holder Janet Silva
for priority in issuance of certificate.
9) Approval of request by former certificate-holder Chuck Wing Lee
for priority in issuance of certificate.
City and County of San Francisco
Arts Commission
Dianne Feinstein
MAYOR
Claire N. Isaacs
DIRECTOR
olzt/m
5 STREET ARTISTS PROGRAM COMMITTEE
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
William Gaylord
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
October 23, 198^
Main Library - Lurie Room
Larkin and McAllister Streets.,,.*.-..-,. ^_
San Francisco, California "« wsri,
MINUTES
NOV 1 1984
SAN PKANCISCO
PUBLIC LIBRAPV
Commissioners Present: Jo Hanson, Ray Taliaferro
Chairman Taliaferro called the meeting to order at 2:0^ p.m.
I HEARINGS ON ALLEGED VIOLATIONS
A. Harry Mason . Commissioner Taliaferro reported that the
Advisory Committee of Street Artists and Craftsmen Exam-
iners, at the request of the Program Committee, had met
that morning to review their findings on Mr. Mason's
alleged violations and were recommending dismissal of all
charges, based on a lack of evidence. Commissioner
Taliaferro moved that the charges against Mr. Mason - of
allegedly displaying items not of the artist's own creation
and of allowing a salesperson to sell for him - be dismissed;
the motion was seconded by Commissioner Hanson and unanimously
approved.
B. Kathryn Strong . The Advisory Committee had reviewed their
findings on Ms. Strong's alleged violation and were recom-
mending dismissal of the charge. Commissioner Hanson moved
that the charge against Ms. Strong - of allegedly display-
ing items not of the artist's own creation - be dismissed;
the motion was seconded by Commissioner Taliaferro and
unanimously approved.
II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE
OF CERTIFICATE
A. Barbara Englebert - Certificate #2721 expired September 9,
1982; her request for priority was received by the office
on September 13, 198^. Ms. Englebert was not present.
The Commissioners read her letter which stated that her
"sister suddenly passed away in late August" (1982) "and
I was forced to return to Europe and take care of some
family 'difficulties for a while." Commissioner Hanson
moved that Ms. Englebert 's request for priority be disap-
proved; the motion was seconded by Commissioner Taliaferro
and unanimously approved.
Continued,
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46 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
STREET ARTISTS PROGRAM COMMITTEE - 10/23/84 Minutes Page 2
B. Jeannie Mak - Certificate #2791 expired August 3, 1984; her request
was received October 9th. Commissioner Hanson moved that Ms. Mak's
request for priority be approved; the motion was seconded by Com-
missioner Taliaferro and unanimously approved.
C. Meredith Nelson - Certificate #2711 expired August 24, 1984; her
request was received October 11th. Commissioner Hanson moved that
Ms. Nelson's request for priority be approved; the motion was
seconded by Commissioner Taliaferro and unanimously approved.
D. Richard Blue - Certificate #2323 expired October 1, 1984.; his
telephone call requesting priority was received October l8th.
Commissioner Hanson moved that Mr. Blue's request for priority
be approved; the motion was seconded by Commissioner Taliaferro
and unanimously approved.
III REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE
A. Joseph Williams - applied November 6, 1978, was notified two years
later to respond whether he was still interested in obtaining a
certificate, and responded November 3i 1980 with a request to
postpone screening. Mr. Williams asked the Program Committee to
end the postponement. Commissioner Hanson moved that Mr. Williams'
request for priority be approved; the motion was seconded by Com-
missioner Taliaferro and unanimously approved.
B. Viggo Petersen - applied March 14, 1983 and was on the present
two-year waiting list for a screening. Mr. Petersen presented a
letter from rehabilitation counselor Ray Nishimura of the Depart-
ment of Rehabilitation certifying Mr. Petersen's disability. Mr.
Petersen requested priority in issuance of certificate, on the
basis of disability. He said that at the time he had applied, he
had been told that the wait would be a year and a half; now the
waiting period was two years. Commissioner Taliaferro explained
the premise of the Commission's "atrition policy" for screening
- the lack of space to accommodate the number of artists - and added
that he estimated that forty per cent of the artists had entered
the Program due to a disability; it would be difficult to grant
priority for this for Mr. Petersen when it had not been done for
others. Commissioner Hanson moved that Mr. Peterson's request be
disapproved; the motion was seconded by Commissioner Taliaferro
and unanimously approved.
IV HEARING ON RELOCATION OF BEACH STREET SPACES (AT HYDE STREET)
Commissioner Taliaferro reported that, on the previous Friday, he-
had, met with Officer Ray West, Stanley Roth of S. F. Pretzel Co.,
and Linda Stark of the Street Artists Association, at the corner
of Beach and Hyde Streets to see if Ms. Stark's proposal to move the
Continued
STREET ARTISTS PROGRAM COMMITTEE - 10/23/8** Minutes Page 3
street artist spaces closer to the corner would work. They had
concluded thatit would not, due to the potential congestion generated
by the street peddlers and the street artists. Future proposals, he
said, may he expected to request an increase in the number of
Beach Street spaces by reducing the width regulation between the
present spaces.
Commissioner Hanson moved to disapprove the proposal from the Street
Artists Association to relocate the street artist spaces on Beach
Street (at Hyde); the motion was seconded by Commissioner Taliaferro
and unanimously approved.
It was stated that Program Director Lazar would be contacting the
Department of Public Works to re-mark the present space locations
and, at the request of all parties, to paint a "demarkation line"
prohibiting street artists east of the first space.
NEW BUSINESS
A. Christmas Spaces . Mr. Lazar reported that, on the previous day,
the Board of Supervisors unanimously resolved to provide the
requested temporary spaces for the Christmas selling season
and also unanimously voted to provide the requested additional
four permanent spaces at BART Plaza.
B. Request by Applicant Janet Christian for Postponement of Screening .
Ms. Christian applied December 31 i 198l and was notified for a
screening scheduled in September, 198^. Her letter, received on
October 9th, requested postponement of screening until summer of
1985. Commissioner Hanson moved that Ms. Christian's request for
postponement be approved; the motion was seconded by Commissioner
Taliaferro and unanimously approved.
C. Atrition Policy . Mr. Lazar reported that the Program was not
fully maintaining its "atrition policy" of screening new applicants
at a monthly rate in accord with the number of people dropping out
of the Program each month. He stated that, of the number of new
applicants notified for screening (to replace the same number of
dropouts), only about half of the newcomers would show, leaving
a "deficit" in each month's atrition and revenue. This gap has
largely been filled by the Commission's "re-instating" former
certificate-holders. Nevertheless, there remained the potential
for a continuing unfilled atrition quota. The Commissioners directed
Mr. Lazar to maintain the requirements of the "atrition policy" by
adding several extra applicants to the atrition quota for each
screening, and, in the event of a 100% turnout at a screening, to
subtract the number of extra applicants from the number to be filled
on the following month.
Commissioner Hanson moved to adjourn the meeting; the motion was
seconded by Commissioner Taliaferro and unanimously approved. The
meeting adjourned at 2:30 p.m.
Respectfully submitted:
Howard Lazar'
City and County of San Francisco
Arts Commission
Diuuue Feinstein
MAYOR
Ji 1
* Claire N. Isaacs
DIRECTOR
/Wr *
Commissioners
Roselyne C. Swig
President
Dmitri Vedensky, Jr.
Vice President
Vernon Alley
Timothy Duncan
William Gaylord
Jo Hanson
Robert LaRocca
Jacqueline Nemerovski
William Paterson
Piero Patri
Peter Rodriguez
Ray Taliaferro
Ex Officio Members:
Presidents of the
Fine Arts Museums
Library Commission
Planning Commission
Recreation and Park
Commission
STREET ARTISTS PROGRAM COMMITTEE
^ November 20, 198^
Main Library - Commission Room
Larkin and McAllister Streets
San Francisco, California
^MINUTES
DOCUMENTS DEPT.
NOV 3 1984
SAN FkANwioJO
PUBLIC UHKARY
Present: Commissioners Hanson and Taliaferro.
Chairman Taliaferro called the meeting to order at 3-07 p.m.
I REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING
A. Coleman F. Fung - Letter received October 22, 198^ from
Mr. Fung requesting postponement of screening to
November, 1985. Commissioner Hanson moved that Mr. Fung's
request be approved; the motion was seconded by Commis-
sioner Taliaferro and unanimously approved.
B. Susan A. Barber - Letter received October 27, 198^ from
Ms. Barber requesting postponement of screening to
January, I985. Commissioner Hanson moved that Ms. Bar-
ber's request be approved; the motion was seconded by
Commissioner Taliaferro and unanimously approved.
II HEARING ON ALLEGED VIOLATION
A. Abel Padilla (Certificate #686). (The Program was charging
Mr. Padilla with the violation of conducting business in
a disorderly and improper manner, based upon complaints
submitted to the Program office by the public, of alleged
verbal abuse, harrassment, and intimidation of the public)
Commissioner Taliaferro asked Mr. Padilla if he was guilty
or not guilty. Mr. Padilla responded that he did not
"feel guilty." He sumitted a letter to the Committee.
Program Director Lazar was asked to summarize each of the
complaints.
Mr. Lazar reviewed the letters and records of telephone
complaints of eight persons alleging verbal abuse and
harrassment by Mr. Padilla. These persons included a
tour bus driver, a waitress and a manager of the Cliff
House, the Director of the Bayview Opera House, a dis-
abled person, and personnel of the National Park Service.
In addition, Mr. Lazar reviewed witness statements given
to him by three Police officers and an attorney.
Continued.
(415) 558-3463
45 HYDE STREET - ROOM 319
SAN FRANCISCO, 94102
STREET ARTISTS PROGRAM COMMITTEE - 11/20/8^ Minutes Page 2
The Committee questioned Mr, Padilla on his alleged insults to the
Bayview Opera House Director, the Cliff House waitress, the handicapped
man, and the black laborer marking the highway. Mr. Padilla responded
that his English was poor; that he meant no harm in calling a black
lady "mama" since in his country, Mexico, many women are referred to as
"mamasita"; that the disabled man uses a loudspeaker to rout people out
of the handicapped parking zone and that he wants people to feel sorry
for him; that the black laborer "acted" as if he were joking with Padilla
and his partner Ms. Burkett; and that people can now interpret the Arts
Commission's "bluebook" of street artist rules in such a way as to
"set you up" and "come over and harrass you."
Mr. Padilla was questioned about his alleged abusive all-day parking- in
the handicapped zone. He replied that his handicapped card stipulates
no time limit.
Ho was questioned about the Police report of complaints from tourists
whom Padilla would allegedly charge $10 for a belt and buckle and then
- after paying the ten - would be asked to pay an additional $5 for
the buckle. To this, Ms. Burkett replied that there was only one
incident over a belt-buckle situation in which they had to call the
Police on a customer. She added that the incident with the tour bus
driver was "a personal matter" and was being handled by their insurance;
that every citation they ever received was dismissed; and that the Police
officers who made statements against them were under investigation.
(She showed letters to the Committee.) She said that Padilla' s first
comment to a customer is "If you have questions, just ask." Mr. Padilla
added: "If a person respects my property, I say you are welcome to make
yourself at home."
Officer James Bosch, Star 720, told the Committee that as long as he has
been on his beat, from the first day, he has had to handle complaints
about Mr. Padilla. He has found it "incredulous" that "two people could
treat other human beings in a constant heinous manner." He described
Padilla 's approach to his customers as "abusive and corraling - 'Why
don't you buy? You're too cheap.' " He stated that both Padilla and
Burkett each bring their vehicles and occupy both handicapped zones; he
said that this practice is difficult for the Police to enforce, as the
DMV has not allowed for "gross abuse and misuse." He said that the
zones were placed for the safety and convenience of handicapped people
visiting the Cliff House, and yet these visitors are inconvenienced.
He said that Padilla 's and Burkett 's attitude toward civil servants
"is a gross lack of any kind of personal respect," and added that
Padilla' s comments to the black man "were known to me as '-a lazy civil
servant.'" He further commented that Padilla and Burkett had called
certain Police officers of both sexes abusive names; that they "have
created a large scale Police problem at Richmond Station, the mounted
Police patrol, and the GGNRA; that they have driven away other artists;
and that "they have demeaned ... the Art Commission, the artists, and
the people of San Francisco."
Continued
STREET ARTISTS PROGRAM COMMITTEE - ll/20/8*f Minutes Page 3
Ms. Burkett stated that Officer Bosch had no right to tow Mr.
Padilla' s truck away, that it was legally parked. She denied the allegation
that they sold from their truck. She said they do quality work for which
countless customers come back to see them.
Commissioner Taliaferro stated that he was concerned with their overall
cunduct when operating under a permit of the Arts Commission, and that
in the twelve years of administering the Street Artists Program, the
Commission has never - until now - had a hearing on disorderly or
improper conduct, lie said that he was convinced that their business
has been conducted in an improper manner.
Commissioner Hanson stated that in view of the volume of complaints
and the feeling behind them, Padilla and Burkett - whether they are
right or wrong - are the center of enormous conflict; if they were
to continue operating, it did not seem that the conflict would stop.
With respect to the ethnic insults, Commissioner Hanson said that it
was fact that the Director of the Bayview Opera House and the attorney
with her had had an unfortunate experience, and that she would not
suspect either of them as lying. She added that it is common knowledge
calling a black woman "mama" is insulting ... It demeans the Program
and it reflects badly on the Commission. If no action were to be taken,
this would be insulting to the people who made the complaints. She said
that this pattern of behavior gave little reason to believe there would
be a change. It is the logic of a suspension that there would be a
change.
Officer Bosch stated that he felt a suspension "will feed the fire" and
that he felt that Padilla and Burkett had "created a bad situation at
the Cliff House." He said there were other places, like flea markets,
where they could make a living.
Commissioner Hanson moved that the certificates of Abel Padilla and
Kerlene Burkett be revoked; the motion was seconded by Commissioner
Taliaferro and unanimously approved.
Commissioner Taliaferro told Mr. Padilla and Ms. Burkett that it was
their right to appeal to the full Arts Commission (December 3rd), as
well as to the Board of Permit Appeals and to court.
Ill CANDIDATES FOR ADVISORY COMMITTEE MEMBERS
Commissioner Hanson moved that the following list of candidates, ranked
in order of preference, be submitted to the Mayor for four positions on
the Advisory Committee of Street Artists and Craftsmen Examiners; the
motion was seconded by Commissioner Taliaferro and unanimously approved:
For the expired term of Betsy Meyers (term expiring Novemver 27th) :
1. Betsy Meyers (incumbent) - metalsmithing; jewelry.
2. Stephanie Tsoukalas - photography; leathercraft.
3. Kelly Wilhelm - textiles; weaving.
Continued
STREET ARTISTS PROGRAM COMMITTEE - 11/20/84' Minutes Page k
For the expired term of Sherri Smith (term expiring November 27th) :
1. Sherri Smith (incumbent) - painting; metalsmithing.
2. Rudy Martinez Pino - photography.
3. Jean Schwartz - painting; pottery.
For the position vacated by Sandra McGinley (term expiring November 27 1
1983) :
1. Ed Kyto Rhy Poskus - textiles; weaving; ceramics.
2. Laura C. Hopkins - weaving; graphics; drawing; painting.
3. Kathryn McCampbell - photography; painting.
For the position vacated by Mark Ankeles (art educator member; term
expiring November 27i 1985) ? ~~
1. Frank Baresick - painting; sculpture; ceramics; cast and fabricated
jewelry.
2. Falko Strunz - printmaking; lithography.
3. Haro Kagemoto - printmaking; photography.
IV PROPOSAL FROM STREET ARTISTS ASSOCIATION FOR "STREET ARTIST LIAISON
COMMITTEE" ON MATTERS OF PROGRAM BUDGET AND PERSONNEL
Street Artist Linda Stark, President, Street Artists Association, outlined
a proposal for a committee of street artists to advise the Program on
cost-saving measures, personnel hiring, and budget. Such a committee
would work with Mr. Lazar and would be an avenue through which the
street artist community would feel itself a part of the operation of the
Program. Members could be selected by a vote of the artists or by the
Program office in calling for volunteers. Ms. Stark said that many artists
had mixed feelings about the fee increase because they feel they do not
have a direct say in how their money is spent.
Street Artist William Clark expressed dount that the artists could ever
be unified. He said he did not understand Ms. Stark's motive, and that
a new committee would require additional meetings and notices sent by
the Program. He added that people, choosing to remain independent, would
be pressured and feel intimidated to express their personal views; however,
he said, he was not opposed to the proposal.
Commissioner Hanson said that, as her Committee's time spent on violations
diminishes, it would be advantageous to spend more time on the Program
itself, and Ms. Stark's proposal could be one way of being very useful.
The Commissioner asked Mr. Lazar his views, and he replied that he
endorsed the concept of the new committee.
Commissioner Hanson moved that the proposal from the Street Artists
Association for a Street Artist Liaison Committee on Matters of Program
Budget and Personnel be approved; the motion was seconded by Commissioner
Taliaferro and unanimously approved.
V NEW BUSINESS
Mr. Lazar referred the Committee to Mr. William Clark's letter-request
Continued
STREET ARTISTS PROGRAM COMMITTEE - 11/20/8 V Minutes Page 5
for a City Attorney opinion on whether the Arts Commission has "summary
powers to abate a public nuisance by revoking or suspending any Street
Artist's certificate if that individual operates in a manner that creates
a public nuisance." Mr. Lazar stated that last spring the City Attorney's
office had verbally clarified that the Arts Commission is not mandated
to enforce the Police regulations (as these are part of the Municipal
Code), and the Commission may defer to the Police for their enforcement.
Mr. Clark told the Committee that it was his understanding that an agency
has the right to revoke a licence prior to a public hearing if the
licensee constitutes a public nuisance, and that a public nuisance is
defined as any illegal structure on public property.
Mr. Lazar asked the Committee for permission to write to the City Attorney
for clarification on these matters. The Committee directed him to do so.
The meeting adjourned at k:^>0 p.m.
Respectfully submitted:
Howard Lazar <r
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