D D D D D D D D D

File No. ------18059 Item No.5 SUNSHINE ORDINANCE TASK FORCE AGENDA PACKET CONTENTS LIST

=S=u.:...:.ns=h=i=n=e-'O::....:r..;:;:d=in=a=n=c=e--'Tc..::;a::...:::s=k-=-F...:::o:..:...rc=e::_-______Date: June 5, 2019

()ll 0 Petition/Complaint Page: \ 0 Memorandum - Deputy City Attorney Page:_\_ 0 :Y 0 Petitioner/Complainant Supporting £.\Cf' Documents Page: t r1 0 Respondent's Response Page:__j ;; l) 0 Public Correspondence Page:_ 0 Order of Determination Page:_ n Minutes Page:_ 0 Administrator's Report Page:_-_ D No Attachments

OTHER D D D D D D D D D

Completed by:_--=C-'-.=Le=g;;L:::e:..:...r ___~ __Date 5/30/19

* An asterisked item represents the cover sheet to a document that exceeds 25 pages. The complete document is in the file on a disk

P105 Leger, Cheryl (BOS)

From: Bill and Bob Clark < [email protected]> Sent: Monday, June 25, 2018 10:41 AM To: SOTF, (BOS) Subject: Filing a complaint

Victor,

I was unable to file this complaint online so I am filing it in this emal.

William J. Clark

*Required Complaint against which Department or Commission * Arts Commission

N arne of individual contacted at Department or Commission Tom DeCaigny

Alleged Violation * Public Records

Sunshine Ordinance Section: Section 67.16 Minutes

Please Describe Violation: On 6/22/18, after I requested the draft minutes of the 6/5/18 meeting of the Advisory Committee of Street Artist and Crafts Examiners, the Arts Commission failed to provide me with the draft minutes more than 10 working days after the meeting. .

The Advisory Committee of Street Artists and Crafts Examiners is a policy body. Therefore the draft minutes are mandated by Section 67.16 of the Sunshine Ordinance to be available upon request no more than ten working days after the 6/5/18 meeting.

Obtional Date 6/25/18

Name William J. Clark

Telephone 415-822-5465

Email [email protected] CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY

DENNIS J. HERRERA MARC PRICE WOLF City Attorney Deputy City Attorney

Direct Dial: (415) 554-3901 Email: [email protected]

MEMORANDUM PRIVILEGED AND CONFIDENTIAL TO: Sunshine Ordinance Task Force FROM: Marc Price Wolf Deputy City Attorney DATE: April15, 2019 RE: Advisory Committee of Street Artists and Crafts Examiners

This memorandum explores whether the Advisory Committee of Street Artists and Crafts Examiners (hereinafter the "Advisory Committee") is a "policy body" within the meaning of the Sunshine Ordinance. This memorandum concludes that there are strong arguments that the· Advisory Committee is a policy body because it was created by an ordinance.

a. History of the "Street Artist Ordinance" and the Advisory Committee of Street Artists and Crafts Examiners.

The Advisory Committee was established in 1975 by Proposition "L," a ballot initiative. San Francisco voters approved Proposition L, which was titled "Street Artist Ordinance," in · November 1975. The Board of Supervisors submitted Proposition L to voters in the November 1975 election to repeal a previously approved voter initiative regulating street artists. (ATTACH1v1ENT A.) Section 2 of Proposition L, which established the Advisory Committee, states:

There is hereby established an Advisory Committee of Street Artists and Crafts Examiners; who shall advise the Art Commission on matters relating to the wares produced by street artists and to perform such other functions as shall from time to time be deemed appropriate by the Commission.

(ATTACH1v1ENT A.) After voters passed Proposition L, the ordinance was added to the San Francisco Charter as Appendix "E." (ATTACHMENT B.) The description of the ordinance which appears in Appendix E reads:

An Ordinance relating to the Regulation of Street Artists and Craftsman, establishing an Advisory Committee of Street Artists and Craftsmen Examiners, prescribing certification procedures, and procedure for designation and sale areas; and repealing initiative approved as Proposition "J" at the election held on June 4, 1974.

Fox PLAZA · 1390 MARKET STREET, 7TH FLOOR · SAN FRANCISCO, CALIFORNIA 94102-5408 · RECEPTION: (41-5) 554-3900 · FACSIMILE: (415) 437-4644

n:\code enforce\mwolf\sunshine\memo re sunshine ordinance and advisory committee of street artists and craft exam.iners.docx

P107 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY

MEMORANDUM PRIVILEGED & CONFIDENTIAL

TO: Sunshine Ordinance Task Force DATE: April15, 2019 PAGE: 2 RE: Advisory Committee of Street Artists and Crafts Examiners

(See ATTACHMENT B.) Section 9.113 ofthe 1971 San Francisco Charter specified that voter approved measures were to take effect ten days after the declaration of the official vote count.

In February 1983, the Board of Supervisors enacted another ordinance (Ord. 41-83, App. 2/4/83, Article 24 of the Police Code) to implement Proposition L. (ATTACHMENT C.) Section 2400 of the Police Code states:

This ordinance is enacted to implement an initiative ordinance approved by the electors of San Francisco as Proposition "L" at the election held on November 4, 1975. The provisions of Proposition "L" are set forth herein for convenience and may only be amended by the electors of San Francisco.

(ATTACHMENT C.) Section 2400 of the Police Code quotes Proposition Lin its entirety. The sections which follow either clarify or add to the original ordinance. For example, section 2401 contains "Additional Definitions'' (which were not included in the "Definition" section of Proposition L ), and section 2402 specifies the compensation for members of the Advisory Committee (which was not specified in the original ordinance). (ATTACHMENT C.)

b. Analysis of the Applicability of the Sunshine Ordinance to the Advisory Committee of Street Artists and Crafts Examiners.

Section 67.3(d) of the San Francisco Administrative Code defines "Policy Body" for purposes of the section 67.5 requirement that"[a]ll meetings of any policy body shall be open and public." Section 67.3(d) provides in full:

"Policy Body" shall mean:

(1) The Board of Supervisors:

(2) Any other board or commission enumerated in the Charter;

(3) Any board, commission, committee, or other body created by ordinance or resolution of the Board of Supervisors;

(4) Any advisory board, commission, committee or body, created by the initiative of a policy body.

( 5) Any standing committee of a policy body irrespective of its composition.

n:\code enforce\mwolf\sunshine\memo re sunshine ordinance and advisory committee of street artists and craft examiners.docx P108 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CiTY ATTORNEY

MEMORANDUM PRIVILEGED & CONFIDENTIAL

TO: Sunshine Ordinance Task Force DATE: April15, 2019 PAGE: 3 RE: Advisory Committee of Street Artists and Crafts Examiners·

(6) "Policy Body" shall not include a committee which consists solely of employees of the City and County of San ~rancisco, unless such committee was established by Charter or by ordinance or resolution of the Board of Supervisors.

(7) Any advisory board, commission, committee, or council created by a federal, State, or local grant whose members are appointed by City officials, employees or agents.

(ATTACHMENT D) A likely interpretation ofthe above language is that the Advisory Committee should be considered a "Policy Body" pursuant to SF Administrative Code section 67.3(d)(3) because it is a "committee" created by an "ordinance," and section 67.3(d)(3) provides that any "committee" created by "ordinance or resolution of the Board of Supervisors" is a policy body. This conclusion is based on the premises that (1) Proposition Lis an "ordinance" and (2) that section 67.3(d)(3) is meant to include "advisory committees" and not just "committees." An "ordinance" can be enacted by the Board of Supervisors or by ballot initiative. (See SF Charter, Art. XVII.) Proposition L was a ballot initiative and specifically titled, "Street Artist Ordinance."

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p 111 ~lw. It tlie 01~· arid County ·of San Franclaco for the eiection to be held on . Tuesday, November 4, '1975., . . . · li'!~~ . ·. Ad~~ted-~~-~ of ~upervisors. San Francisco, ~~- 2, 1075. . !I~~· I h~·reby eertify·~h~t the foregoing m9tion .was ado~ted .by the· ·Board. of Supervisors of the City and County of San Francisco...... \ . MARGARET .G. MAGUIRE, Acting Clerk :trr· ,r..lr~~· 1 x;.• AGAINST "K.'t 11,~1~.~ . ABGuM~. . .PROPOSIHO~ ProRQsltion K is an unnecessary Charter amendment. It is based Qn.two.big ~~ifsu which have never.happened in the past and 'likely .:!iii . never will. But even if the Mayor ve~ th~ tax' rate ordbumce :l~~~t and even if our aoard failed to override his veto, ·we could still j:.~M.:: pass an ·ordinance .to ~t the tax rate the same ~~the immediate preceding year. It is not necessary to amend· the Charter. to give us· . d).. l' ,., • I·~~ ·'f . this authority. Furthermore, Propoaition K .locks us .into a prede . _,.~,'fi termined tax rate which a majority of the Board. ma;y not want .to :.,llf•l' adopt.- · · · · . ·l··:'lI·, !l:l; ~ .. r.: . . . . . I;·~ ::) ! What if some ..members of the ·Board were pel,'suaded by the :· 1 ;:·.,~ Mayor that his veto was correct and they wanted to support him? :;i1; .. j Or what if. the Board wanted to enact a tax rate based on that of . i: 11i .. two years past? We would not have this fi~xibility if Prpposition K · .:::;J;J~: were··the law. · · . · . . ~ · 1.. :.:\;-~ Proposition ·K is the kind of unneeded legislation which clutters '' :.,•,·m up the ballot an<;t confuses the voter. It does not deserve your vote. · !;!;1J{ Vote No on Proposhion K. · .. · · . 'l:~:M , ... ,q Subniitted by: · ... ,, Quentin L. Kop~PROPOSITION L-:STRUT ARTISTS Wf.l TlUl WAY IT IS NOW: Street artists can sell the things ·they .,;;; ::r1 make on the public aidewalkt:i if they, bave a license iss'-'ed by the · 1;.' .'·J city. They must follow rules abput the size and location of _,their t;E·:~I displays set by the Board of Supervisors .. The mayor appoints a ,,·:.:·.:. :;i·!.· committee of four artists or craftsmen nnd one · art educator to examine street artists' work to make sure it is band-made. .· . f\;'.i. · · Pro~sition L, .written by the Board.of Supervisors, allows.·tbe ·j:-;·;.d Board of Supervisorbs to decide what public sidewa1khs or pudblicf r}.:l:. places can be used y street artists. 1t ·also a1 1ows t e Boar o 1 : · Supervisors to make rules regulating street artists and it reta,ns a I! :. committee of four artists ·or craftsmen and one art educator, all 1 ~ppoin.ted by the mayor, to make sure stre~t artists' ·work is hand- jl .·• :~.: .. m• . ... ·A YES VOTE MEANS: If you vote. yes, you want the Board of . ;; I,. ' Supervisors to have t~e power to limit where ap.d how street artists .. ~ :·:-:I .· .: ~ Arguments printed on this pngc are the opinions of the authors nnd have not been checked for nccurncy by nny officinl agency. ·:·• I 119 . ' ., !

P112 .jl .-·

J •• can sell. Y.o.u also want\ the mayor to contmu~·.·to app'obi·t· all.Bve members .of the. committee. · · - 1111 II A NO VOTE MEANS: If you·vote no. you want1 the present rules' i · regulating street artists to remain in effect,· the .way it is now. Or,. I l : you want the rules listed ~n Proposi_tion M to define wJ:iere _and ho~ 1 street ·artists can sell. - · I. . . . I .. - SEE PAGE 120 FOB FULL TEXT, ARGUMENTS, (. 11! . AND CONTROLLER'S ANALYSIS (I • • . ' ·' Propositions.L and Mare of the.oame general pu:rp,ose. The vciter ! may vote for ·both, may choose between any of the two. or noue J; : ·or may express p~eference for·any ·one. ·

iI .. I PROPOSITION L I ' . . Shall certified strut artlsta,. subled to regul_atlons .. ll'lll'lhll'!lif'la ioha AS~tlftlllld """' ~nM~~a~~~UiaA ... ~~~~~~.-...... _.,...._ .....hu , •••...., ..,._,._.."'IIPPIf ~· W'U'FVB wal!!ll._lll,.la a..filiiiiiU ... pvaaarUIJIIIIU'.a... -rw.. ...a •-II'U · sell only on public sidewalks or public areat deslg· .! . natod by the Board of Supervlaorat · · - · · ..

STRUT ARTIST ORDINANCE.· I,! .PROPOSITION L . AN·- ORDINANCE RELATING TO . THE. REGULATION OF STREET.ARTISTS AND .CRAFTSMEN, ESTABLISHING AN AD VISORY COMMITTEE OF. STREET ARTISTS AND CRAFTS .. MEN EXAMINERS, .PRESCRIBING CERTIFIGATION PROCE .. DURES, AND 'PROCEDURE. FOR DESIGNATION OF SALES AREAS; AND REPEALING ·INITIATIVE .APPROVED AS PROP.: OSITION 11 J~,~ AT THE ELECTION HELD ON JUNE 4, 1974. Be it ordained by the people of the City and Courity of San . Francisco: . . Section 1. An ordinance is hereby enacted and approved, regu .. luting certain activities of s_treet artists and·'crattsmen, reading as follows: · REGULATING STREET ARTISTS AND CRAFTSMEN Sec. 1. Definitions. · Sec. 2. Advisory . Committee of Street Artis~s and . Craftsmen Examinersj Establishment; Appointments; Compensati.on; · Terms; Chairm.an; Secretary. . , SeJ!. 3. Application. , · Sec. 4. · Examination. Sec. 5.. Issuance of Certificate. Sec. 6.. Certificate Fee; Period. Sec. 7. Regulating Street Artists and Craftsmen. Sec. 8. Designation of Sales Areas. . . Sec. 9.· Repeal. 120 ··-·. P113 .· ' (· . . .. . SEC. 1 Definitions •. For the purposes ·of t\lis o~dlmmce the foJ ... · ·.,. '1• lowing w~P;ds or _p~rases sball.m~an o~ include: '· . · · f .. (a) "Art Commission".~~ Art Commission-of the City and . ;; County. . . . . · · . . · · ~- (b) uAdvisory. Committee... The Advisory Committee of ~t-11 St,reet ~i~ts and· Cra~tsmen Examiners of the City and ·County.· ; j;f_~ - (o) cccity pnd· County';. ~e City ~nd County of San Fran-. ,f~· · cisco, _· · . · · · · .- . 1 ~~~~- . ~l!'~t. ·(d). "Family Uni~".· Two or more persons jointly engaged in··. :!;!In the creat1'!~ or produc"~n of an art or craft item, no one of ·whom ~:tUf stands in an employer-employee relationship -to any .of: the other ·Kl,~1 members thereof, or, twq or more physically or mentally ·h'andi- :t~i~~ capped perso~s participating in .a formal rehabilitation program a ,t:/ part of which includes activities for the creation of arts and ·crafts :.v::,:l' by .said persons. . -. · . . · ~·q~ · · ' ·· · ' · ·;•lrl . (e) HPerson" .. ' Ariy. individual; copartnership; flr~. associa~ !i!·'·: I tion~ joint stock company. corporation, or ·combination of individ.. !~lCji ual~.of \,Vhatever for~ or character; provided, however, ihat when- :'·. 1~·l ever a right; privlleg~, or power .i~ conferred upon a person by the h'!\:;-: ~ prbvisions of this ordmance, the term 11 person" shall mean an indi.. g;;•[;.~1 vidual natural person. . . · . · ~··:i:lfl f.',·~·;},: SEC .. 2; · Advlrrory Committee of · Street Artists· and Craftsmen t;.;~~ Exambaen; Establishment; Appolnbnent·, ··Comnensotion•, Terms: t,,(.il· 111::1~ Ill' • ·r~:i~· Ch a I~au; ~ere.tary. . .. . · ~ · ·. :!~1M - There is hereby established an Advisory Committee of Street l; l:/li Artists and Craftsme~ Examinel's who shall' advise the Art Com.. ·•·:·:::, missio~ on :matters relating· to the wa~es prod:aced b;y street. artists . · j~F;\~1 and· to: perform such other functions as shall from t1me to t1me be ' r: }!1 deemed appropriate by the Commission. The Advisory Committee Vf;i',) shall consist of five members to be appointed by the Mayor. Fo~r of f 1': 1 said members shall be experienced. artists or· craftsmen and each ;,I; ..:·1 such member shall be appointed from among three persons whose =j ;~ q names shall have been submitted to the Mayor f9r appointment by i;i ::r: the Art Commission; and one of the members shall be an art edu.. ;::- ,. :i: cator. Each member shall be compensated for the time he or· she ;· ·' spends in this capacity as assigned by the Chairman at a rate of ;: ~: ;. pay to be established from time· to time by the Board of Super- ('h::::· visors. The term of each member shall be two years, provided that , 1· the fiye members first appointed by the Mayor shall, tiy lot. classify·· :!:·~. · their terms so that the terms of two members shall be for a period i· of on~ year and the terms of three 'members shall be tor a period : ; · · of two years, and upon the expiration of these and successive terms, f;:.::. the Mayor shall appoint their successors for a two.year term in a .. . .. manner similar to that described herein for the initial members. l,'': ·:. · In the e·vent " _vacancy occurs during the term of office of any h.:, . rne~ber, the Mayor shall appoint for the u!lcxpired term of the f ·f; office vacated, -a successor in a manner sim1Iar to that described J>:.: herein for the initial members, The ·Advisory Committee shall elect ·!::. · 121 - 1··::. I~. I P114 1 troni Its a· Chairman: and a to hold omci! for :,IT~l ! · .one yefF,inem~ra or ·untU their successors are Se~tetary.Jiuly electe4 and· qualified. ~ 1 i .Th~ Seere~y shall keep an accWt"ate record of al~ proceedings. of . :~-I the Advisory Committee wh1ch shall be open to inspectio~ by the ~ l , public ~t all times. ~ · . _. . · . · · .

J1 SEC. 3. AppU~atlon. Every perso~ desiring certification as a · 1'j street ar*ist or craftsman put.~uant to. this ordinance shall file ·an j • ~ppllcation with the Art Commission upon a ·form provided by said ·::1 . Commission. Except as otherwiSe provided .for herein, said appli- 1 ' · cation shall specify! · · . · · .. . . · . . i'i; · (a) the aP,piicant's re:Jidence ~ddress; place of e~ploym~nt . 1 : · where the wor!C' of art is produced and the mailing address of a l :· ·person· through whom the· applicant may. always .be reached shall 11 : .. appear on the application.. · . • . · ,. . · • . . l ~ : · . (b) a descriptio~ ~f the art ~r craft item ·for which-the appli~ ~ks ·h cant ... certification. · ·. · • · • . . · -.' · .(c)· a de.cJaration ·under penalty of perJury that the art or craft item for which he seeks certification is of- his own ereation or the creation of his family unit, and that he neither employs oth.~.r . persons nor is employe(! by another person bi the production of the art·-. . or craft item for which he. seeks certification.. -- '. . SEC. 4.. Examination. Upon rece~pt of .~n application filed pur.· . I· . suant to this ordinance, the Executave · Dnector of the Art Com- ~ . mission shall fix a date for Advisory Committee consideration· and l . action upon said application and shall notify .the applicant of said d.. . . ; ...... In. its consideration of an· application, the Art Commission shall I exa~ine representative sample~ of the applicant's work for the I · purposes of verifying 'the information set forth in the application. After such examination. and for the purposes of further investiga th>n, the Art Commission may designate one or more of its members I . to visit the studio or workshop of the applicant to view the _appJi .. ! cant's--facilities and to further verify that the art or craft i~em for which the applicant seeks certification of his own creation or those of hia family unit. · . . SEC •. 5. lssuanee of Certificate•. If the applicant's examination . · is satisfactory, a.nd if no charges of deception resorted to in obtain ing the certificate, or any other violation .of the applicable pro .. .visions of the San Francisco Municipal Code. have been filed with th~ ·commission, upon payment. of the certificate fee fixed by this ordinance; the Executive Director of the Art C9mmission shall issue n certificate to the ap.I>licant, duly signed. and shall show therein that the person named therein passed the examination and · is entitled to engage in the display and sale of the specific art or. craft item ·set forth in said certUlcnte. in accordance with the pro .. visions of this ordinnnce. · 122 P115 ,. [U SEC. 6.. Certlfteate · Fee; . Period. The fee for any . certificate .rr.~r issued pursuant to the provisions of this Qrdinance shall be twenty. it dollars ($20.00) and said certificate shall be valid for a period of l. three months from the da~e of issuance. · · · ' · .l.l.. .. SEC. 7. Regulating Street Artists and ·Craftsmen.- . (a) It· shall ~ unl~wful · for any person . to sell, offer fot• u~

aale, expose for sale, or solipit 1offers to purchase, any art or craft ./;lilr l~;~t~- work of his own creation on any public ·str~t or. J?Ubllc place where (v such activities are· permitted, .unless duly certifleCl as a str~t artist /~: t.lrti.J. or craftsman pursuant .tQ the. provisions of this ordinance, or duly !lqfi"; licensed as a peddler pursuant to .the provisions of .Section 132.1 ,h,'f• of J;'art III of tbe San Francisco Municipal Code, . . '~},J[ . . I ):\~*~ . . (b) It shail be unlawful -for any person c~rtifled as a ·street 1(1w1'I:~.Q··· artist · or .craftsman pursuant to the provisions· of this ordinance l:X!l', to sell, offer for· sale, expose for a~le, or solicit oft'ers to purchase, :;J:lr,p::.·. · any art o:r craft work 'of. his oW!' creatiot:l on any public street or Jlublic Place where. such activib~s are not permitted, unless duly ·n.Wr-~ it,...... ~ "'"' ft · .... .,..:IAlo... ,..,.'"ttuo..... + +.n. +'ho n~n.. utain,..,a n4f QenHnn 1~1) 1 !i :!,~ li }.r. ~i'P~ri"u!Qoi th;s~~F;r;~~is~~MM~ni~i'Pa!"c~~~... ~ "'" ·~ .. -.vu ...... fl!p; !:l ...... '1'-·-1 · (c) All or part of funds derived frop.1 the fees paid .by street l·:.i;: ~ artists and craftsmet:~ may be assigned by the Board of Supervisors lii.i:·l;i to the Art Commission for use in paying members of the Advisory )ii; Committee as set ·forth in Section 2 aboye (md ..to the San Fran.. - 1· :::li~ cisco· Police Department for enforcement of this Proposition. , . r:i!t . ' . i:,1:)! . .SEC. a. Designation of Sales Areas. The Board uf Supervisors, ~-:·;;;i(l. ~y resolution ~fter public bearhigs thereon, may designate ~reas ·~:,;!/ m or on any public street or public place where any street arl1st or · j'. ·;:l craftsman certified pursuant to the ·provisi~ns ·of this ordinance ll''·!J may sell, offer for sale, expose for sale, or sohcit offers to purchase 1. ·:·~J any art or craft item of his own creation; provided, however, that r' ,;:·! any design~tion of an area i!l a public plac:e under the jurisdiction !:. ·.. 'I . of an officer, board of commtssion of the Cxty and County shall be ;;. :I subject to the approval of··such officer, board or commission. In p· ~ designating such areas, the Board of Supervisors may impose such :··· .~~ conditions· and limitations as, in its discretion, are necessary to 1: ·~:; prevent at;1y undue interference with !J-Ormal pedest~ian or vehicu.. ['.;.o;~. lar traffic, or any damage ·to surroundu~g property, including interN :·~:·::•' ference with use, view or enjoyment of public parks... !~;:-Y.i

.f.·: I . · SEC. 9. Repeal. The initiative ordinance relative to permits and I. licenses for st~eet artists, approv~d by the electorate as Proposition i ' f. ; .. "J., on the ballot for the election held in the City and County of_ I·. I·· San Francisco on June· 4, 1974, is hereby repealed; f ••••• ~.· : :.' itt' i\ . Ordered submitted: Board of Supervisors, .San Francisco, Jun 9, J !l" I . ~,1 19'15. ~ j ~. (.!!! ~ i .. Ayes: Supervisors Barbagelnta, Francois, Gonzales, K9pp, Men .. t·. ·.\ delsohn, Molinari, Nelder, Pelosi, Tamaras, von Beroldingen. ':. :. '·. ·~ • t •• . . ' 123 . . . \J.I·. ,' P116 I hereby- certify that .the foregoing ·ordinance was orderecr sub~ mitted by the Board of Supervisors ·of the City and County of San. · Francisco. . GILBERT H. BO]itEMAN. Acting Clerk MOTIQN _ AUTHORIZING BALLOT-· ARGUMENT. FAVORING PROPOSI· TION "L'•, CHARTER AMENDMENT RELATING TO A PRO.. POSED. ORDINANCE REGULATING ACTIVITIES. OF STREET . 'AR~STS •.

t •• • - IT IS HEREBY MOVED; That pursuant to· ~tion 5.77 of the· Administrative Code, the. ·Board of Supervisors does hereby author.. · ize a ballot argument favoring approval by the electorate of the proposed. Chartei" amendment relating to a proposed ordinance . regulating activities· of street arti~ts; · ·· and, be it FURTHER MOVED, That the full text of said argument hereby . · authorized be as shown in the draft attached to this motion and is hereby decla.red to be a part hereof; and. be it .. _ ·

~ . . . . FURTHER MOVED;·Th'at.the·Registrar of Vo~ers be and is here.. by authorized and diJ:ected to·- include said argument in the pam phlet accompanying~~he sample b~llots to be mailed to the voters .of the City at1d County of San Francisco for the election to be ~eld on · Tuesday, November 4. 1975. . . . . · ·

Adopted-Board of Supervisors~ San Francisco, Sep 2, 1975. . . I hereby certify that the foregoing motion was adopted by the Board of Supervisors of the City and C~unty of San Francisco. ·. l I MARGARET G. MAGUIRE, Acting Clerk .. 1. · ARGUMENT FOR PROPOSITION ••[,n

'1 j • Vote Y.ES for Proposition ·,.L" :I i · · ; '·j . The Board of Supervisors, ·beset b:y: the .tremendous number of I. complaints from the general public who witnes~ed the chaos created I.! I by Proposition "J't at Union Square, Beach Street and other parts of ·... II. , the city ·during the last Christmas holiday season, recogni:t;ed the. need for regulation of street artists and craftsmen, arid voted l . unanimously to place the issue before the electorate at this election. 11 I'I I L'' will repeal Proposition "J,, · I i j ;. Passage of Proposition -"L" y.rill not put the legitimate, -certified I: street artists out' of business as many of them have claimed. It will I lactually. protect. their interests as. well as t~e general public. :Arguments printed on this png~ are the opinions of the authors and j' !have nqt been checked for accuracy by any official agency; I:· 124

P117 ... ~,11 Unde_r ~ropositio~'"L", the Board ·of Supervisors, by ~esolution :1111 · after public hearings, ~ay de_signate ~he areas in or on any pubUc ' J !. - 1 street or p~blic p·lace :.where any .certified street artist- or craftsman .. may sell his w~res . .It would. also. limit the numbers that may aell in :11r any. one location. · . · · . · ' I· :By . holding such public .hearings~ ·the Board of Supervisors .. protects all. concerned. Und~r the- Or~inance proposed · by the - ill'. street artists, · there is no such pro~ection for the public, an.d no ·. ··u opportunity t~ be hear~._ · : ;:ill i . - 1/!lil: ~~~!~I In order' to co~fuse the voters, the ·street ar-tists were able· to w:, I place Proposition "M" on t~e ballot ~hrougb a p~tition which was as 'misleading ·as .their ·Ordinance whlch _appears m this handbook. -l~ii·,·~ih•l: • t • • ' 11 fj!'.\l• Proposition· V\ in sum~ary, controls the locations and numbers I f::~~·i of street artists. It is logical and· good f~;r all concerned-the public. . . ;l.i j ~ .the artists and the merchannts. · !:v,·~,!,, . ' t,,, 't"P ...... a.- "1.»'.-.- -- 'n-.----!.&J-- UT ·J) mL..: .... '1- ..... 1'1 ...... ,_,...... _ ___ , J. .... ------..3 !l!. VU ..t: .&IC!:i UIJ .1:"1-U}JUI:flLUVU .U , .lUli:t '-'I:UAUit C4A"!;"IUIC&U ID !:l,tJUUI':IUA-11:\.l li ;'1. by the Supervi~ors. /t :I· unanimously and endorsed Board of .... ,- ,.,:I· I ~ . ' ,; . Submitted by: • 1,; I ·aregoey P. Hurat .·:. ..'I' r Endorsed by: .· ! Leonardo S. Bacci . ·: t: Jonri Bates Matthew J. Boxer · vi_ I: Dr. Arthur Coleman j '} ' ~ ·Mrs. Harold·Cutlea• Alfred Gee Jack Goldberger Dr. Zurettl Goosby Wolter Kaplan · .··I : I Frances McAteer II I •. I William E. McDonnell • I ' Ctnrlssa S. McMahon :. '. Cecil E. Poole, Esq. ~ r ) • Julia G. Porter · ,. I Mrs. Anna Thayc1• I ' Teller Welnm.-nn : i' i . Idaree Westbrook .. i H.K.Wong •. I · Dr, Thomas Wu ' I San F1•nncisco Councll of DJstrict .Mer~hnnts :, ! Downtown Association of Srm Frnncisco , .... :. Fisherman's Whal'f Association . i Greater Snn Francisco Chamber o! Commerce Retnll ~ry Goods Association · ARGUMENT AGAINST PROPOSITION "I)'. · . ,. Vote No on uL'' i. ': ~his pr'oposition would repeal the ordinance, approved by the !· ,_, I I. ·Arguments ·printed on this pnge arc the opinions of the authors and ,., ' hove not been checked for aecurucy by nny oftlclnl agency. ! ,·I ; : 125 '' ' .. '·I P118 . . votera hi June '1974, which allows street artists to. get licenses and . sell .their own artwork on city streets. The u.repeallng'' ·clauS'& is ~acked on at the end of the or~nance. The ''establishing of an Art . Commission Advisory Pommittee" in the beginning of. this .propo- _ sition is a devioo by the Board of Supervisors to hide the fact that · they are attempting to take the street artists•. licenses a.way. Exactly such an Advisory Committee ~s they "fropo~e" .has been in opera tion since 1972, screening street artists wares and issuing certlf\ .. ca.tes. · · · · . · The reason· for this deceptiveness: i~ that the Board wants.· to remove ·street a_rtists frolh the public sidewalks but knows the public would be against this. Proposition "L" would give the Board of Supervisors. such broad authority over street · artistst se111ng locations that San Franciscans can be assured the Downtown Asso ciation will be successful in· having street artists removed from the stl"eets and. exiled' to the piers of Fort Mason (a proposal' already · .supported by on~ ~upervisor). ~

I I The problem · of eongas~ion ·on the public sidewiilks can oo solved by specific regulations (see the stl'eet artists' own proposal, .1· ;q. : Proposition ''M"). We oppose giving broad authority to the Board of Supervisors because ·we· feel it has shown itself to be aligned r L- .with the large business interests. . . · 1 : The. street artists, craftspeople and musicians all ·tavor regula r tion because they do not wish to inconvenience the public which !- support$ them. Proposition "L", however, is aimed not at regula .. 'tion but elimination. You will find no specific provisions in this :·!I ~' j ! ordinance for distances to. be maintained from doorways, cross walks or fire hydrants because its authors· have no intention of !d allowing street artists to operate on the· sidewalks. ~ ; I This ordinance deliberately omits any reference to'' the rights :, l of street artists to continua selling on the sidewalka· because this :· i ordinance is written to eliminate street artists from the sidewalks of . San Francisco. · ·. · ! I :Regulation, Yes! Eliminatir;m, No! I . i ,. j. Vote No on uv• : I I' Dale Axelrod, Chairperson, Concerned San Franciscans t~ Saw .. -1 the Street Artists. . · · · :. I ·. Adopted-B'oard of Supervisors, San Francisco, Sep 12, 1975 . .I . I bereby certify that the foregoing motion was adopted by the ·I~ .·I Board of Supervisors of the Ci~y and. County of San Francisco. I" i MARGARET G. MAGUIRE, Acting Clerk l . ' .. Arguments printed on this page are the opiniQns of the authors rind j., have not been checked for accuracy by amy official agency. l 126

P119 ARGUMENT AGAINST PROPOSITION "L" . ~ . ~ · Agab:ast Supervl11on' Proposltlon . ''L" . . . We, the undersigned, Friends of .the Street Artists, wish to add ou~ OWn endorsements to the position stated by the Concerned San Franciscans to· Save the Street Artists. The street artists add color, c11.1lt'm and a··feeling. of vibrancy to San Francisco and have helped make it UEvecyone's Favori~ City." Carol.R. Hull, Friends of the Street Artists Endorsed by: Biucij S. Brusm.ann, Editor and Publlaher, San Francisco :Bay. Guardian Robert B. Covington, Co-ordinator ot Federation oUngleslde Neighbors Ed Dunn, President, Hatght-Ashbury Neighborhood Council Ted Frazier, Chairman, San Francisco Coalltlon Asar Jatcks, Chairman, Democratic County Central Committee of S.F. Carlton Goodlet, M.D., llldltor and Publisher, The Sun.. lteporter E. Robert Scrofani, Ptesiden~ San :f.\'anciseo Tomorrow Republican County Centrall.:ommlttee of S.F, . .Consumer "Action of San Francisco Alvin Duskin Rev. A. C~ll Williams · ·. CONTROLLER'S STATEMENT PURSUANT 'f9 · CRABT~ SECTION 1.112 PBOPOSITI()N "L" I~. : .,t.= .. Shall certified street artlt~t~ subject to regulations made by the ;!1t:· .. . Board of. Su~rvlsors, be permUted. to sell only on public side· !•·• 1 .;l;.;. walks or public areas designated by the ·Boord of Superviso~? ;!! ; :;,·•;::; 1 · Should the· proposed charter amendment be adopted, it ia my . !·:! ·· opinion· that the eftect of its provisions on the cost of ·government :·"L:I: /'~ I of the City and County of San Francisco and its tax: rate cannot l}e j;; ! :; .. (· deter~ined at this time. Such determination can be made only after ,.J:.. )' the/ receipt of statis~ics related· to the· time the · members o~ the : .. ~ : Advlt~ory Committee of Street .Artists and Craftsmen Exammers :ji il • l spend in this capacity and the rate of pay to be esta~lished by the · Board of Supervisors. · .:L; :r ·I JOHN'C, FARRELL, Controller .; I j• I City and County of .San Francisco .i·'.l ,;.,, : :\'· =: PROPOSITION M-sTREET ARTISTS' INITIATIVE • I I ' . . . ' .THE WAY IT, IS NOW: Street artists can sell the things they·

make on the public sidewalks if they have. a license issued by the • I city. They must follow rules about the size and location of their displays set by the Board of Sup~rvisors. The mayor appoints a committee of four. artists .or craftsmen and one art educator to .. examine street a.rtists' work to make sure it is ~and .. mnde, .,• .I Arguments printed on this pnge are the opinions of the authora and .·'··· \! ~ I :· have not been checked for accuracy b,y any offi~inl agency. . !1 . I\ . 127 I • ., I I

P120

APPENDIX E

STREET ARTIST ORDINANCE .. Adopted November 4, 1975

An ONtlli.lllnn re!lltlnr te tilt fttt;llllltiol\ ef llltrewt Arti.U ~m4 Crllfhmen, Htalllithlna 1111 Ath·illOrJ Commilht of Strnt Artittl anal Crafttmtn Eumlnera, prucrlbln& eert.lflntlon Jtortdarn, and prortdurt for !lulrnation Ill aalu attu; and re~~tallne initiative apprond aa ll'ropealti•n "J" at tilt tlection lleld •n Joe 4, 1174. .

Be il ordained by th.e people of the City and County of San Francisco: SECTIO:\' 1. An ordinance is herebr enacted and approved, regulat- incr l'Pl'·h:ain "'"tidt;.,.., nf "rr"'""• a...Hr•r Dnrl ,..,..,Jf.r...-. ... n ,.,.,.rlincr !lC lnlln"l.\1<:• ---e --· .. -·. - ...... , ...... J "'"' ..:~ • ..._._, ...,.'"... ~".::~ ~a.ru ...... ~,.., ...... , ...... --··4b __, .. ~ ... -~---

REGULATING STREET ARTISTS AND CR.\ITS~fFl'\ Sec. 1. Definitions. Sec. 2. Advisory Committee of Street Artists and Craftsmen Examiners; Establishment; Appointments; Compensation; Terms; Chair man; Secretary. Sec. 3. Application. Sec. 4. Examination. Sec. 5. Issuance of Certificate Sec. 6. Certificate Fee; Period. Sec. 7. Regulating Street Artists and Craftsmen Sec. 8. Designation of Sales Arel:\s. Sec. 9. Repeal.

Sec. I Definitions. For the purposes of this onlinance ~he following words or phrases shall mean or include: . (a) "Art Commission". The Art Commission of the City and County. (h) "'Advist•J)' Committee". The Advisory Committee of Street Artists arid Craftsmen Ex.aminers of the City and County. . (c) "'City and County". The City and Comity of San Francisco. · (d) "Tamily Unit". Two or more persons jointly engaged in the creation or production of an art or craft item, no one of whom stands in an employer-emplo)·ee relationship to any of the other members thereof, or, two or more physica1ly or mentally handicapped persons participating in a formal rehabilitation program a part of which includes activities for the creation of arts and crafts by said persons. (e) "Person". Any individual, copartnership, firm, association, joint stock company, corporation, or combination of individuals of whatever ( fonn or character; provided, however, that whenever a right, privilege, or power is conferred upon a person by the provisions of this ordinance, the term "'person" shall mean an individual natural person.

P122 i, Sec. 2. Advisory Committee of Street Artists and Craf~men Examiners; Establishment; Appointment; Compensation; Terms; Qairman; Secre· tary. . . There is hereby established an Advisory Committee of Street A.rtists and Craftsmen Examiners who shan advise the Art Commission on mat· ters relating to the wares produced by street artists and to perf~nn such other functions as shall from time to time be deemed appropnate by the Commission. The Advisory Committee shall consist of five mem bers to be appointed by the Mayor. Four of said members shall be " • ~ - • '* • ' ' . 11 t_ - -- e:;c;penenceci artists or craftsmen and each sucn men:wer snau oe «~p· pointed from among three persons whose names shall have been sub mitted to the Mayor for appointment by the Art Commission, and one of the members shall be an art educator. Each member shall be compensated for the time he or she spends in this capacity as assigned by the Chair~ man at a rate of pay to be established from time to time by the Board of Supervisors. The term of each member shall be two years, provided that the five members first appointed by the Mayor shall, by lot, classify tbeir terms so that the terms of two members shall be for a period of one year and the terms of three members shall be for a period of tvvo years, and upon the expiration of these and successive terms, the Mayor shall appoint their successors for a two-year term in a manner similar to that described herein for the initial members. In the event a vacancy occurs during the term of office of any member, the Mayor shall appoint lor the unexpired term of the office vacated, a successor in a manner similar to that described herein for the initial members. The Advisory Committee shall elect from its members a Chairman and a Secretary to hold office for one year, or until their successors .are duly elected· and qualified. The Secretary shall keep an accurate rerord of all proceedings of the Advisory Committee which shall be open to inspection by the public at all times .. . Sec. 3. Application. Every person desiring certification as a street artist or craftsman pursuant to this ordinance ·shal1 file an application with the Art Commission upon a form provided by said Commission. Eieef'pt as otherwise provided for herein, said application shall specify: (a) the applicant's residence address, place of employment where the work of art is produced and the mailing address of a person through whom the applicant may always be reached shall appear on the appli~ cation. (b) a description of the art or craft item for which the applicant seeks certification. (c) a declaration under penalty of perjury that the art or craft item for which he $eeks certification is of his o\\n creation or the creation of his fami1y unit; and that he neither employs other persons nor :is employed by another person in thtp lf"~guction of the art or craft item Cor which he seeks certification. ..

APPEHl>IX E

Sec. 4. Examination. Upon receipt of an application filed pursuant to this ordinance, the Executive Director of the Art Com:Ussion shall fix a date for Advisory Committee consideration and action upon said application and shall notify the applicant of said date. · .. In its consideration of an application, the Art Commission shall examine representative samples of the applicant's work for the purposes of verifying the information set forth in the application. After such exa.'11ination, and for the purposes of further investigation) the . Art Commission may designate one or more of its members to visit the studio or workshop of the applicant to \iew the app1icanfs facilities and to further verify that the· art or craft item for which the applicant seeks certification of his own creation or those of his family unit. Sec. 5. Issuance of Certificate. I£ th11 ..applicant's examination is satis factory, and if no charges ·of decept!-on resorted to in obtaining the · certificate, or any other violation of the applicable provisions of the San Francisco Municipal Code, have been filed \\ith the Commission, upon pa:;ment of ·the certificate fee fixed by this ordinance) the Executive Director of the Art Commission shall issue a certificate to the applicant, duly signed, and shall show therein that the person named therein passed the e:tamination and is entitled to engage in the display and sale of the specific art or craft item set forth in said certificate in accordance \\ritb the provisions of this ordinance. Sec. 6. Certificate Fl'e; Period. Th(' fee for any certificate issued pursuant to the pro\·isions of this ordinance shall be $20.00 and said certificate shall be valid for a period of three months from the date of issuance; exc-ept that any person certified pursuant to the provisions of this ordinance shall han, tht' option of purchasing for SSO.OO a certificate valid for a period of one year from th~ date of issuance. The Board of Supervisors may increase the certificate fee' when necessary i~ order t(l finance the costs of the Art .Commission in administering and enforc:ing the pro\'isions of this ordinance. (Amended !'\m.. ember, 1983) Sec; 7. Regulating Street Artists and Craftsmen. (a) It shall be unawful for any person to sell, offer for sale, expose for sale, or solicit offers to purchase, any art or craft work of his own creation on any public street or public place where such activities are permitted, unless duly certified as a street artist or craftsman pursuant to the provisions of this ordinance, or duly licensed as a peddler pursuant · to the provisions of Section 139..1 of Part 111 of the San Francisco Municipal Code. (b) It shall be unla\vful for any person certified as a street artist or craftsman pursuant to the provisions of this ordinance to sell, offer for ia1e, expose for sale, or solicit offers to purchase) any art or craft work

P124 of his own t·reation on an>· pubJk street or public place where such acti\'ities are not permitted, unless duly li<:ensed as ll opedd1er pursuant to the provisions of Section 132.1 of Part HI of "the San Francisco Municipal Code. (c) A11 or part of funds derived from the fee!» paid by street artists and craftsmen may be assigned by the Board of Supervisors to the Art Commission for use in paying members of the Advisory Committee as set fortl1 in Section 2 above and to the San Franc:is(·o Police Department . for enforcement of this Proposition. . SPr. f.i Designation of Sales Areas. The Board of Supervisors, by resolution after publk hearings thereon, may designate areas in or on any public street or pnblk place wllete any street artist or craftsman ct>rtified pursuant to the provision~ of this ordinam:e may sell, offer for sale, expose. for sale, or solicit offers to purchase any art or craft item of his own creation: prodded, however, that any designation of an area in a public plac:e under the jurisdiction of an officer, board or commis sion of the City and County shall he subje<.:t to the approval of such officer, board or commission. In designating o;uch areas,· the Board of Supervisors may impose sU(·h <:onclitions and limitations as, in its discre tion, are nece!\sary to prevent any undue interferenc:e with normal pedestrian or vehicular traffic, or any damage to surrounding property, including interference with us<>, view or enjoyment of public parks. Sec. 9. Repeal. the initiative ordinance relath·e to permits and licenses for stn·et artists, approved by the ele<:torate as Proposition .. J" on thf ballot for the election held in the City and County of San Francisco on June 4, 1974, is hereby repealed.

P125

, ARTICLE 24: REGULATING STREET ARTISTS* xx Page 1 of 10

San Francisco ·Police Code

ARTICLE 24: REGULATING STREET ARTISTS*

. Sec. 2400. Statement of Purpose and Text of Street Artist Ordinance . sec. 2401. Additional Definitions. Sec. 2402. Compensation.of Advisory Committee. Sec. 2403. Age Eligibility for Street Artists. Sec. 2404. Street Artist Certificate: Disclaimer, Transfer, and Display. Sec. 2404.1. Street Artist Certificate: Fee. Sec. 2404.1.1. Street Artist Application/Examination Fee. Sec. 2404.2. Fee Setting Procedure. · Sec. 2404.3. Street Artist Certificate Fee Waivers for Honorably Discharged Veterans. Sec. 2405. Regulations for Street Artists. Sec. 2406. Lottery. Sec.2407. Director of Public Works to Provide Markings. Sec. 2408. Issuance, Denial, Suspension or Revocation of Certificate: Appeals .. Sec. 2409. Appeals to Board of Permit Appeals. Sec. 2410. Criminal Violations: Penalties. Sec. 2411. Severability.

SEC. 2400. STATEMENT OF PURPOSE AND TEXT OF STREET ARTIST ORDINANCE.

This ordinance is enacted to implement an initiative ordinance approved by the electors of San Francisco as Proposition ;'L" at the election held on November 4, 1975. The provisions ofProposition "L" are set forth herein for convenience and may only be amended by the electors of San Francisco. Proposition "L" reads as follows: REGULATING STREET ARTISTS AND CRAFTSPERSONS.

SEC.l Definitions Advisory Committee of Street Artists and Crafts Examiners; Establishment; Appointments; SEC.2 Compensation; Terms; Chairperson; Secretary SEC.3 Application. SEC.4 Examination SEC.5 Issuance of Certificate SEC.6 Certificate Fee; Period SEC. 7 Regulating Street Artists and Craftspersons SEC. 8 Designation of Sales Areas SEC.9 Repeal P127 http://library.amlegal.com/alpscripts/get-content.aspx 4/10/2019 ARTICLE24: REGULATING STREET ARTISTS* xx Page 2 o;flO

"SEC.l. DEFINITIONS. For the purposes of this ordinance the following words or phrases shall mean or include:

(a). "Art Commission." The Art Commission of the City and County.

(b) "Advisory Committee." The Advisory Committee of Street Artists aud Crafts Examiners ofthe City and County. ·

(d) "Family Unit." Two or more persons jointly engaged in the creation 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, or, two or more physically or mentally handicapped perSOQS participating in a formal rehabilitation program a part of whkh includes activities for the creation of arts and crafts by said persons. .

(e) "Person." Any individual, copartnership, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character; provided, however, that whenever a right, privilege, or power is conferred upon a person by the provisions of this ordinance, the term "person" shall mean an individuai naturai person.

"SEC. 2. ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTS EXAMINERS;.ESTABLISHMENT; APPOINTMENTS; COMPENSATION; TERMS; CHAIRPERSON; SECRETARY. There is hereby established an Advisory Committee of Street Artists and Crafts Examiners, who shall advise the Art Commission on matters relating to the wares produced by street artists and to perform such otherr functions as shall from time to time be deemed appropriate by the Commission. The Advisory Committee shall consist of five members to be appointed by the Mayor. Four of said members shall be experienced artists or· craftspersons and each such member shall be appointed from among three persons whose names shall have been submitted to the Mayor for appointment by the Art Commission, arid one of the members shall be an art educator. Each member shall be compensated for the time.he or she spends in this capacity as assigned by the Chairperson at a rate of pay to be established from time to time by the Board of Supervisors. The term of each member shall be two years, provided that the five members first appointed by the Mayor shall, by lot, classify their terms so that the terms of two members shall be for a period of one year and the teqns of three members shall be for a period of two years, and upon the expiration of these and successive terms, the Mayor shall appoint their successors for a two-year term in a manner similar to that described herein for the initial members. In the event a vacancy occurs during the term of office of any member, the Mayor shall appoint for the unexpired term of the office vacated, a successor in a manner similar to. that described herein for the initial members. The Advisory Committee shall elect from its members a Chairperson and a Secretary to hold office for one year, or until .their successors are duly elected and qualified. The Secretary shall keep an accurate record of all proceedings of the Advisory Committee which shall be open to inspection by the public at all times.

"SEC. 3. APPLICATION.

Every person desiring certification as a street artist or craftsperson pursuant to this ordinance shall file an application with the Art Commission upon a form provided by said Commission. Except as otherwise provided herein, said application shall specify:

(a) The applicant's residence address, place of employment where the work of art is produced and the mailing address of a person through whom the applicant may always be reached shall appear on the application.

(b) A description of the art or craft item for which the applicant seeks certification.

P128 http :i /library .amlegal.com/alpscripts/get-content.aspx 4/10/2019 ARTICLE 24: REGULATING STREET ARTISTS~ xx Page 3 of 10 (c) A declaration under penalty of perjury that the art or craft item for which applicant seeks certification is of the applicant's own creation or the creation of the applicant's family unit, and that the applicant neither employs other persons nor is employed by another person in the production of the art or craft item for which applicant seeks certification.

"SEC. 4. EXAMINATION. Upon receipt of an application filed pursuant to this ordinance, the Executive Director of the Art Commission shall fix a date fot Advisory Committee consideration and action upon said application and shall notifY the applicant of said date. In its consideration of an application, the Art Commission shall examine representative samples of the applicant's work for the purposes of verifying the information set forth in the application. After· such examination, and for the purposes of further investigation, the Art Commission may designate one or more of its members to visit the studio or workshop of the applicant to view the applicant's facilities and to further verify that the art or craft item for which the applicant seeks certification is his or her own creation or those of his or her family unit.

"SEC. 5. ISSUANCE OF CERTIFICATE. If the applicant's examination is satisfactory, and if no charges of deception resorted to in obtaining the - ---..t.~.C: _ _,~...,_ .-.~~ .-o~..,...,.. -.Ll-_....,_...., -~~...... ,1 .... ~!!""':~ ,....._.f"~~~ ...,._.~J~_,...... -..h-J~ ~~r"'!:.r;(';,...,_~~ 0.f+hp. ~'!~ p~o:'IY\..-.trlr-'"' '1\lfn.-,;f"';...._nl f'nrJJ:Ja ho"lTet. h,:::a~t'\ '-''?lllllVa.I,..V, Vl Q.llJ VLU\..tl VlUJa.\..IVU VJ. Lll\.1 '-'"P.l-'.ll'VU.VJ.\,.t pl.VYl..:l.lV.l.h.) V.I. t.u.v UU.U .l. .l.t.i.l.LV.L.:i

"SEC. 6. CERTIFICATE FEE; PERIOD. The fee for any certificate issued pursuant to the provisions of this ordinance shall be $20 and said certificate shall be valid for a period of three months from the date of issuance; except that any person certified pursuant to the provisions of this ordinance shall have the option of purchasing for $80.00 a certificate valid for a period of one year from the date of issuan~e. The Board of Supervisors may increase the certificate fee when necessary in order to finance the costs of the Art Commission in administering and enforcing the provisions of this ordinance.

"SEC. 7. REGULATING STREET ARTISTS AND CRAFTSPERSONS.

(a) It shall be unlawful for any person to sell, offer for sale, expose for sale, or solicit offers to purchase, any art or craft work of the person's own creation on any public street or public place where such activities are . permitted, unless duly certified as a street artist or craftsperson pursuant to the provisions of this ordinance, or duly licensed as a peddler pursuant to the provisions of Section 869 of Part II, Chapter VIII of the San Francisco MunicipaJ Code (Police Code).

(b) It shall be unlawful for any person certified as a street artist or craftsperson pursuant to the provisions of this ordinance to sell, offer for sale, expose for sale, or solicit offers to purchase, any art or craft work of the person's .own creation on any public street or public place where such activities are not permitted, unless duly licensed as a peddler pursuant to the provisions of Section 869 of Part II, Chapter VIII of the San Francisco· Municipal Code (Police Code).

(c) All or part of funds derived from the fees paid by street artists and craftspersons may be assigned by the Board of Supervisors to the Art Commission for use in paying members of the Advisory Committee as set forth in Section 2 above and to the San Francisco Police Department for enforcement of this proposition.

"SEC. 8. DESIGNATION OF SALES AREAS.

P129 http://library .amle gal. com/alpscri pts/get -content. aspx 4/10/2019 ARTICLE 24: REGULATING STREET ARTISTS* xx Page 4 of 10 The Board of Supervisors, by resolution after public hearings thereon, may designate areas in or on any public street or public place where any street artist or craftsperson certified pursuant to the provisions of this ordinance may sell, offer for sale, expose for sale, or soliCit offers to purchase any art or craft item of his or her own creation, provided, however, that any designation of an area in a public place under the jurisdiction of an officer, board or commission of the City and County shall be subject to the approval of such officer, board or commission. In designating such areas, the Board of Supervisors may impose such conditions and limitations as, in its discretion, are necessary to prevent any undue interference with normal pedestrian or vel;licular traffic, or any damage to surrounding property, including interference with use, view or enjoyment of public parks.

''SEC. 9. REPEAL. . . The initiative ordinance relative to permits and licenses for street artists, approved by the electorate as proposition "L," on the ballot for the election held in the City and County of San Francisco on June 4, 1974, is hereby repealed." ·

(Amended by Ord. 41-83, App. 2/4/83; Prop. K 1983) SEC. 2401. ADDITIONAL DEFINITIONS.

For the purpose of administering Proposition "L," the following words or phrases shall mean or include:

(a) "Art" or "Craft." The terms "art" or "craft" do not include any item intended or suitable for human consumption.

(b) "Handcrafted Item." An item predominantly created or significantly altered in form by the street artist.

(d) "Street Artist." Any person who has been certified as a street artist or craftsperson pursuant to the provisions of Proposition "L."

(e) "Street Artist Certificate." A certificate issued by the Art Commission pursuant to the provisions of Proposition "L" and this Article.·

(f) "Street Artist Program." A program of the Art Commission which implements the provisiorts of Proposition "L" and this Article.

(g) "Street Artist Program Committee." A committee appointed by the Art Commission and consisting solely of Commission members. The Committee shall have responsibility for oversight of the Street Artist Program.

(h) "Program Director." The director of the Street Artist Program·, responsible for administering the provisions of Proposition "L" and this Article, on behalf of the Executive Director of the Art Commission.

(Amended by Ord. 41-83, App. 2/4/83; Ord. 291-94, App. 8/4/94) SEC. 2402. COMPENSATION OF ADVISORY COMMITTEE. -

Pursuant to the provisions of Section 2 of Proposition "L," the compensation of the appointive members of the Advisory Committee ofStreet Artists and Crafts Examiners shall be as follows: ·

(a) A member shall receive $100.00 plus reasonable travel expenses for each meeting of the Advisory Committee actually attended by said member for 50 percent of each meeting of four or more hours.

(b) A member shall receive $100.00 plus reasonable travel expenses for each visit to the studio or workshop of a certified street artist or an applicant for a Street Artist Certificate for the purpose of viewing the applicant's facilities and verifying that the art or craft item for which the applicant seeks certification is his or her own creation or those of his or her family unit, for an assignment of monitoring or inspecting street artist wares being P130 http://library .amlegal.com/alpscri pts/get -content. aspx 4110/2019 ARTICLE 24: REGULATING STREET ARTISTS* xx Page 5 of 10 sold in public locations, or for the performance of such other function as shall from time to time be deemed appropriate by the Arts Commission. ·

(c) In no event shall.the aggregate amount paid each member exceed 35 meetings/studio visits or $3,500.00 per year excluding reimbursemen~ for reasonable travel expenses. For the purposes of this section, the term "reasonable travel expenses" shall include travel to and from a member's office or home.

(Amended-by Ord. 418-84, App. 10/5/84; Ord. 345-90, App. 10/12/90; Ord. 451-94, App. 12/30/94; Ord. 63-02, File No. 011788, App. - 5/10/2002; Ord. 260-06, File No. 061030, App. 10/13/2006; Ord. 103-08, File No. 080514, App. 6/18/2008)

SEC. 2403. I AGE. ELIGffiiLITY FOR STREET ARTISTS.

No person under the age of 16 is eligible for certification as a street artist.

(Amended by Ord. 41-83, App. 2/4/83) SEC. 2404. STREET ARTIST CERTIFICATE: DISCLAIMER, TRANSFER, AND DISPLAY..

(a) Disclaimer. On· each Street Artist Certificate the following words shall appear:·

"The issuance of this Certificate does not constitute an endorsement by the City and County of San Francisco or the Article sold pursuant to the terms of this Certificate."

< (b) Transfer. Any Street Artist Certificate issued pursuant to the terms of this Article <;;annot be transferred to any other person as defined in Proposition "L."

(c) Display. The Art Commission shall issue to each Street Artist a Certification Card which shall contain a photograph of the Street Artist, the certificate number of all members of the family unit and the number of the certificate in figures plainly 4iscernible. The Art Commission, or its designee, shall determine the manner and form of any other information·that may be placed upon this Certification Card. The Certification Card shall be displayed by the Street Artist at all times when said Street Artist is selling or soliciting offers to purchase any art or craft work. The photograph shflll be furnished by the Street Artist.

(Amended by Ord. 41-83, App. 2/4/83) SEC. 2404.1. STREET ARTIST CERTIFICATE: FEE.

Pursuant to the provisions of Proposition K, adopted by the voters at an election held on November 8, 1983, the Board of Supervisors hereby establishes the fee for a Street Artist Certificate to be as follows: Beginning July 1, 2010, the fee for a quarterly Street Artist Certificate shall be $166.02 and said certificate shall be valid for a period of three months from the date of issuance; ·except that any person certified as a street artist pursuant to the provisions of this Article shall have the option of purchasing for $664.08 an annual certificate valid for a period of one year from the date of issuance.

Beginning with fiscal year 2013-2014, the Controller, without further action by the Board of Supervisors, shall adjust the fees set forth in this section by an amount that does not exceed changes in the United States Department of Labor and Bureau of Labor Statistics Consumer Price Index for San Francisco (the "Department of Labor CPI"), or a comparable appropriate Consumer Price Index if the Department of Labor CPI is eliminated or superseded, provided that in no event may the adjusted fee exceed the Arts Commission's costs of administering and enforcing the provisions of Article 24 of the Police Code (the "Street Artists Ordinance"). No later than April 15th of each year, the Director of Cultural Affairs or his or her designee, shall submit to the Controller the Arts Commission's current Street Artist Certificate fee schedule and any information the Controller requests regarding the Art Commission's costs of administering and enforcing the provisions of the Street Artists Ordinance. The Controller shall apply the price index adjustment to produce a new certificate fee schedule for the following year. No later than May 15th of each year, the Controller shall file a report with the Board of Supervisors and the Arts Commission reporting the new certificate fee schedule and certifying that the P131 . http://library.amlegal.com/alpscripts/get-content.aspx 4/10/2019 ARTICLE 24: REGULATING STREET ARTISTS* xx Page 6 oflO certificate fees, as adjusted, do not produce revenue that exceeds the Arts Commission costs of administering and enforcirtg the provisions of the Street Artists Ordinance. Notwithstanding the procedures set forth in this Section, the Board of Supervisors, in its discretion, may modify the fees by ordinance at any time.

(Added by Ord. 511-&4, App.' 12/21/84; amended by Ord. 295-88, App. 6/29/88; Ord. 216-91, App. 6/12/91; Ord. 240-03, File No. 031333, App. 10/10/2003; Ord. 103-08, File No. 080514, App. 6/18/2008; Ord. 189-10, File No. 100710, App. 7/23/2010; Ord. 174-13, File No. 130550, App. 8/4/2013, Eff. 9/1/2013)

SEC. 2404.1.1. STREET ARTIST APPLICATION/EXAMINATION FEE.

Every person applying for street artist certification, whether for the first time or for reissuance of certification after a lapse in payment of the certificate fee, shall pay a nonrefundable ~pplication/examination fee. The fee shall initially be set at $20 and shall be paid upon filing of an application for certification. The application/examination fee collected shall be equal to, but shall not exceed, the fee necessary to support the costs of processing applications and examinations under the Street Artists Ordinance. As part of the report required by Section 2404.2 of this Article, each year the Arts Commission shall report to the Controller the costs incurred in administering the application and examination process.

The funds credited to the Arts Commission pursuant to this Section, in combination with funds derived from Sections 2404.1 and 2410 ofthis ordinance, shall not exceed the actual cost to the Arts Commission of administering and enforcing Proposition "L" and this Article.

(Added by Ord. 383-96, App. 10/15/96) SEC. 2404.2. FEE SETTING PROCEDURE.

Each year the Arts Commission shall cause a report to be made of the revenues collected for Street Artist Certificates, the costs incurred in administering and enforcing the provisions of the Street Artist Ordinance (Proposition "L" adopted by the electors of San Francisco at the election held on November 4, 1975), the anticipated costs for the ensuing year, and the fee which would be necessary to support such costs. Said report shall be filed with the Controller no later than April 1st of each year pursuant to the provisions of Section 3.17-2 of the San Francisco Administrative Code. The Controller shall file said report with the Board of Supervisors no later than May 15th of each year and the Board of Supervisors shall, by ordinance, establish or readjust the fee for a Street Artist Certificate. The fee set shall be equal to, but not greater than, the fees necessary to support the costs of administering and enforcing the provisions of the Street Artist Ordinance.

(Added by Ord. 511-84, App. 12/21/84; amended by Ord. 240-03, File No. 031333, App. 10/10/2003)

SEC. 2404.3. STREET ARTIST CERTIFICATE FEE WAIVERS FOR HONORABLY DISCHARGED VETERANS.

Notwithstanding Sections 2404.1 and 2404.1.1, the Director of Cultural Affairs, or his or her designee, shall waive all Street Artist Certificate fees, including any application/examination fees, for any individual who is honorably discharged or honorably relieved from the military, naval, or air service of the United States and who is a resident ofCalifornia ("Honorably Discharged Veteran") upon receipt of the Honorably Discharged Veteran's Certificate ofRelease DD Form 214 (Certificate of Release or Discharge from Active Duty) or other equivalent U.S: government document reflecting honorable discharge. The Street Artists Program Director shall keep such documentation on file' to help expedite future renewals. ·

(Added by Ord. 192-14, File No. 140774, App. 9/12/2014, Eff.. I0/12/2014)

(Former Sec. 2404.3 amended by Ord. 415-86, App. 10/10/86)

Editor's Notes: Former division (b) ofthe current version ofthis section expired on 7/112015. Former Sec. 2404.3 ("Street Artist Certificate: Priority to Veterans'? expired on 12/111986.

P132 httn://librarv.amleg:aJ.com/aloscriots/get-content.aspx 4/10/2019 ARTICLE 24: REGULATING STREET ARTISTS* xx Page 7 of 10 · SEC. 2405. REGULATIONS FOR STREET ARTISTS.

(a) ·Street artists shall sell, offer for sale or solicit offers to purchase only for those specific handcrafted art or craft items created personally by the street artist or the street artist's family unit for which the street artist has been certified . . (b) Street artists shall sell, offer for sale or solicit offers to purchase only in those areas designated by the Board of Supervisors by Resolution. . . The designation of any area in a public place under the jurisdiction of an officer, board or commission of the City and County is subject to the approval of, and to rule or regulations imposed by, such officer, board or commission.

(c) In areas designated by the Board of Supervisors which are not under the jurisdiction ofan offi.cer, board or commission of the City and County, street artists shall sell, offer for sale or solicit offers to purchase subject to the following regulations:

(1) No more than 4Y2 feet from the curb line of any sidewalk. (2) Not within 18 inches of the curb lineof any sidewalk.

(4) In an area not more than four feet long. (5) Sprinkler inlets, standpipe inlets (both wet and dry) are to be kept clear for 7Y2 feet on each side, measured from the outer edge of standpipe bank from the building line to the sidewalk edge. (6) Not' within 10 feet from the outer edge of any entrance to any building· including, but not limited to, doors, driveways, emergency exits measured in each direction parallel to the building line and thence at a 90- degree angle to the curb. (7) Fire escapes be unobstructed underneath and perpendicular from building to the street five feet from both ends of fire escape. (8) Not on any sidewalk adjacent to curb which has been duly designated pursuant to local ordinance or regulation as one of the following: · l. White zone 2. Yell ow zone 3. Bus zone

(9) Not within five feet of any crosswalk. (1 0) Inflammable liquid vents and fill pipes to be kept dear for five feet in both directions on the sidewalk when tanks are not being filled or within 25 feet while tank is being filled. (11) Not within five feet of the display of any other street artist. (12) Fire hydrants to have five feet sidewalk clearance . . (13) No street artist shall sell, offer to !)ell, or solicit offers to purchase between the hours of 12:00 a.m. (midnight) and 6:00a.m. of the following day. ·

(14) All displays and objects placed in those areas designated by the Board of Supervisors shall be removed by 12:00 a.m. (midnight) and shall not be placed prior to 6:00a.m. of the following day. (15) No street artist shall sell, offer for sale, or solicit offers to purchase, from any vehicle.

P133 http://library.amlegal.com/alpscripts/get-content.aspx 4/10/2019 ARTICLE 24: REGULA1TNG STREET ARTISTS* xx Page 8 of 10 (16) Street artists shall engage in their activities on the public sidewalks of the City and County of San Francisco in such a manner that at all times there shall remain open for the passage of pedestrians a space of at least 8 feet in width, as measured on a line perpendicular to the curb line, between the edge of the sidewalk farthest from the curb and the edge of the street artists' activities. No portion qf a street artist's activities shall be included in measuring the 8-foot clear pedestrian passageway. Notwith-standing the foregoing, the Board of Supervisors, by resolution, may temporarily permit street artists to engage in their activities in specified locations where 8 feet of clear pedestrian passageway cannot be maintained. Such temporary permission may not be granted by the Board of Supervisors for any period exceeding 18 months. (d) In the Resolution designating or redesignating an area where street artists may sell, offer for sale or solicit offers to purchase, the Board of Supervisors may exempt the area from one or more of the regulations set forth in Subsection (c) above if the Board finds that the exemption will not be inconsistent with or interfere with the purposes of the regulation from which the area is exempted ..

(Amended by Ord. 388-83, App. 7/14/83; Ord. 199-03, File No. 030909, App. 8/1/2003)

SEC. 2406. LOTTERY.

(a) The Art Commission shall establish and supervise a lottery system whereby those persons certified by the Art Commission as street artists and possessing a valid State Board of Equalization Resale Permit shall be chosen by lot for the available selling areas as designated by the. Board of Supervisors by resolution.

(b) The Art Commission shall specify three days in each week for the holding of a lottery for selling areas · which are designated by the Board of Supervisors.

(c) The Art Commission, at its discretion, may postpone any lottery if sufficient volunteers to conduct the lottery are not available. No fees shall. be paid to the volunteers conducting the lottery or collected by the Art Commission to establish or supervise the lottery. Each volunteer conducting the lottery shall be compensated for his or her service with a single sales space of the volunteer's choice selected prior to and from the lottery the volunteer conducts and for the duration of the day in which the volunteer conducts the lottery.

(d) The Art Commission shall not be liable for any damage, injury or loss occasioned by the lottery.

(e) The Art Commission may make such.reaso~able rules and regulations as are necessary to effectuate the lottery. ·

(f) The Art Commission shall design and distribute to those chosen in the lottery on each day a lottery is held, a document identifying the person chosen, the craft of the person chosen and the location where the person chosen will be allowed to sell, offer for sale, or solicit offers to purchase. (g) The lottery document shall be in the possession of the street artist at all times and shall be displayed to a police officer upon request.

(h) It shall be unlawful to sell, offer for sale, or solicit offers to purchase goods and crafts in those areas . subject to the lottery without first obtaining a document from the Art Commission indicating the seller has been chosen for the area or a document from the Art Commission indicating that no lottery document is necessary for that area.

(Amended by Ord. 41-83, App. 2/4/83)

SEC. 2407. DIRECTOR OF PUBLIC WORKS TO PROVIDE MARKINGS.

The Director of Public Works shall place identifying markings in public streets or curbs designated as sales areas by the Board of Supervisors. Said markings shall be consistent with the regulations contained in this Article.

(Amended by Ord. 41-83, App. 2/4/83) P134 http://library.amlegal.com/alpscripts/get-content.aspx 4/10/2019 ARTICLE24: REGULATING STREET ARTISTS* xx Page 9 of 10 SEC. 2408. ISSUANCE, DENIAL, SUSPENSION OR REVOCATION OF CERTIFICATE: APPEALS.

(a) The issuance of Street Artist Certificates is governed by Section 5 of Proposition "L." The violation by a street artist of any provision of Proposition "L," this Article or any rules or regulations issued pursuant to this Article of which the person has been given notice, shall be grounds for denial, suspension or revocation, after a public hearing and for good cause shown, of the Street Artist Certificate. (b) The Art Commission shall adopt rules and regulations governing appeals from a denial, suspension or revocation of a Street Artist Certificate. A public hearing on the suspension or revocation of a Street Artist Certificate shall be conducted by the Street Artist Program Committee. The findings and recommendations of the Street Artist Program Committee shall be submitted directly to the Program Director, who shall approve or disapprove such findings and recommendations. The Program Director shall not amend such findings and recommendations. The Program Director may disapprove the findings and recommendations of the Street Artist Program Committe~ and order a rehearing only if: (I) the Program Director finds that a fair and public hearing has not occurred; (2) evidence critical to the street artist's case was not introduced except that a street artist shall not be relieved of his or her failure to put on evidence unless it was improperly excluded, or it constitutes new evidence which the street artist using rea!?onable diligence could not have obtained until after the hearing; or (3) the artist failed to appear at the hearing and has, for good cause, subsequently requested another hearing. A street artist shaii have five business days foilowing his or her hearing before the Street Artisi Program Committee in which to request a rehearing, after which time the Program Director shall render his or her decision on the Program Committee's findings. The decision of th~ Program Director shall be made in writing, and may only be appealed in accordance with Section 2409. The Program Director's decision concerning the suspension or revocation of a Street Artist Certificate shall not be appealable to any level of the Art Commission.

(Added by Ord. 41"83, App. 2/4/83; amended by Ord. 291-94, App. 8/4/94) SEC. 2409. APPEALS T·o BOARD OF PERMIT APPEALS.

Appeals to the Board of Permit Appeals from the final decision of the Art Commission to grant or deny a Street Artist Certificate shall be governed by Article 1, Section 30 of Part III of the Municipal Code and shall be · filed not later than 15 days after the final decision of the Art Commission. Appeals to the Board of Permit Appeals from the final decision of the Program Director to suspend or revoke a Street Artist Certificate shall be governed by Article l, Section 30 of Part III of the Municipal Code and shall be filed not later than 15 days after the Program Director's decision approving or disapproving the Program Committee's findings and recommendations.

(Added by Ord. 41-83, App. 2/4/83; amended by Ord. 255-88, App. 6122/88; Ord. 291-94, App. 8/4/94)

SEC. 2410. CRIMINAL VIOLATIONS: PENALTIES.

(a) Except as provided in Subsection (b), any person violating any provision of Proposition "L," this Article or any rules or regulations issued pursuant to this Article of which the person has been given notice, shall be guilty \)fan infraction and subject to a fine of not in excess of $100.

(b) The violation of any provision of Proposition "L" or this Article which would otherwise be an infraction shall be a misdemeanor if the person who has violated such provision has previously been convicted of two or more violations within the 12-month period .immediately preceding the current offense and the prior convictions are admitted by the person charged with the violations or are alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. A person convicted of a misdemeanor pursuant to this subsection shall be subject to imprisonment in the County Jail for a period not exceeding 30 days or a fine not exceeding $500, or both.

(Added by Ord. 41-83, App. 2/4/83) P135 http://library.amlegal.com/alpscripts/get-content.aspx 4/10/2019 ARTICLE 24: REGULATING STREET ARTISTS* xx Page 10 of 10 SEC. 2411. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Article or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision:, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or ineffective.

(Added by Ord. 41-83, App. 2/4/83)

P136 http://library .amlegal.com/alpscripts/get -content.aspx 4/10/2019 ~~········...... ·-··· ...... ··. ···~·· ~···~··-'·'·~

P137 CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999 xx Page 1 of30

San Francisco Administrative Code

CHAPTER67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999

Article · I. IN GENERAL II. PUBLIC ACCESS TO MEETINGS III. PUBLIC INFORMATION AND PUBLIC RECORDS IV. POLICY IMPLEMENTATION

ARTICLE I: IN GENERAL

Sec. 67.1. Findings and Purpose. Sec. 67.2. Citation.

SEC. 67.1. FINDINGS AND PURPOSE.

The Board of Supervisors and the People of the City and County of San Francisco find and declare: (a) Government's duty is to serve the public, reaching its decisions in full view of the public. (b) Elected officials, commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. The people do not cede to these entities the right to decide what the people should know about the oper~tions of local government. ·

(c) · Although California has a long tradition of laws designed to protect the public's access to the workings of government, every generatiqn of governmental leaders includes officials who feel more comfortable conducting public business away from the scrutiny of those who elect and employ them. New approaches to government constantly offer public officials additional ways to hide the making of public policy from the public. As government evolves, so must the laws designed to ensure that the process remains visible .. (d) The right of the people to know what their government and those acting on behalf oftheir government are doing is fundamental to democracy, and with very few exceptions, that right supersedes any other policy interest government officials may use to prevent public access to'information. Only.in rare and unusual circumstances does the public benefit from allowing the business of government to be conducted in secret, and those circumstances should be carefully and narrowly defined to prevent public officials frotn abusing their authority. ·

(e). Public officials who attempt to conduct the public's business in secret should be held accountable for their actions. Only a strong Open Government and Sunshine Ordinance, enforced by a strong Sunshine Ordinance Task Force, can protect the public's interest in open government. http://library.amlegal.com/ alpscripts/ get-content.aspx P138 4/10/2019 CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999 xx Page 2 of30 (f) The people of San Francisco enact these amendments to assure that the people of the City remain in control of the government they have created.

(g) Private entities and individuals and employees and officials of the City and County of San Francisco have rights to privacy that must be respected. However, when a person or entity is before a policy body or passive · meeting body, that person, and the public, has the right to an open and public process.

(Added by Ord. 265-93, App. 8/18/93; amended by Proposition G, 11/2/99) . SEC. 67.2. CITATION.

This Chapter may be cited as the San Francisco Sunshine Ordinance.

(Added by Ord. 265-93, App. 8/18/93; amended by Proposition G, 11/2/99)

ARTICLE II: PUBLIC ACCESS TO MEETINGS

Definitions. Sec. 67.4. Passive Meetings. Sec. 67.5. Meetings To Be Open and Public; Application of Brown Act. Sec. 67.6. Conduct of Business; Time and Place For Meetings. Sec. 67.7. Agenda Requirements; Regular Meetings. Sec. 67.7-1. Public Notice Requirements. · Sec. 67.8. Agenda Disclosures: Closed Sessions. Sec. 67.8-1. Additional Requirements for Closed Sessions. Sec. 67.9. Agendas and Related Materials: Public Records. Sec. 67.10. Closed Sessions: Permitted Topics. Sec .• 67.11. Statement of Reasons For Closed Sessions. Sec. 67.12. Disclosure of Closed Session Discussions and Actions. Sec. 67.13. Barriers to Attendance Prohibited. Sec. 67.14. Video and Audio Recording, Filming and Still Photography. Sec. 67.15. Public Testimony. Sec. 67.16. Minutes.· Sec. 67.17. Public Comment By Members of Policy Bodies.

SEC. 67.3. DEFINITIONS.

Whenever in this Article the following words or phrases are used, they shall have the following meanings:

(a) "City" shall mean the City and County of San Francisco.

(b) "Meeting" shall mean any of the following:

(1) A congregation of a majority of the members of a policy body at the same time and place;

(2) A series of gatherings, each of which involves less than a majority of a policy body, to hear, discuss or deliberate upon any item that is within the subject matter jurisdiction of the City, if the cumulative result is that a majority of members has become involved in such gatherings; or

http://library .amlegal.com/a! pscri pts/get -content.aspx P139 4/10/2019 CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999 xx Page 3 of30 (3) Any other use of personal intermediaries or communications media that could permit a majority of the members of a policy body to become aw~re of an item of business and of the views or positions of other members with respect thereto, and to negotiate consensus thereupon. ·

(4) "Meeting" shall not include any of the following:

(A) · Individual contacts or conversations between a member of a policy body and another person that do . not convey to the member the views or positions of other members upon the subject matter of the contact or conversation and in which the member does not solicit or encourage the restatement of the views of the other members; ·

(B) The· attendance of a majority of the members of a policy body at a regional, statewide or national conferenc(\ or at a meeting organized to address a topic of local community concern and open to the public, provided that a majority of the members refrains from using the occasion to collectively discuss the topic of the gathering or any other business within the subject matter jurisdiction of the City; or

(C) The attendance of a majority of the members of a policy body at a purely social, recreational or ceremonial occasion other than one sponsored or organized by or for the policy body itself, provided that a· majority of the members refrains from using the occasion to discuss any business within the subject matter jurisdiction of this body. A meal gathering of a policy body before, during or after a business meeting of the body is part of that meeting and shall be conducted only under circumstances that permit public access to hear I and obsei-ve the discussion of membeis. Such meetings shall not be conducted in restaurahts or ether · accommodations where public access is possible only in consideration ·of making a purchase or some other payment of value. · ·

(C-1 )* The attendance of a majority of the members of a policy body at an open and noticed meeting of a standing committee ofthat body, provided that the members of the po\icy body who are n

(D) Proceedings of the Department of Social Services Child Welfare Placement and Review Committee or similar committees which exist to consi~er confidential information and make decisions regarding Department of Social Services clients.

(1) Advisory committees created by the initiative of a member of a policy body, the Mayor, or a department head;

(2) Any group that meets to discuss with or advise the Mayor or any Department Head on fiscal, economic, or policy issues;

(3) Social, recreational or ceremonial occasions sponsored or organized by or for a policy body to which a majority of the body has been invited.

(4) "Passive meeting body" shall not include a committee that consists solely of employees of the City and County of San Francisco created by the initiative of a member of a policy body, the Maya,r, or a department head; ·

(5) Notwithstanding the provisions of paragraph (4) above, 'iPassive meeting body" shall in~lude a committee that consists solely ofemployees of the City and County of San Francisco when such committee is reviewing, developing, modifying, or creating City policies or procedures relating to the public health, safety, or welfare or relating to services for the homeless;

(d) "Policy Body" shall mean:

(1) The Board of Supervisors;

(2) Any other board or commission enumerated in the Charter; http://library.amlegal.com/alpscripts/get-content.aspx . · P 14 0 4/10/2019 CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999 xx Page 4 of30 (3) Any board, commission, committee, or other body created by ordinance or resolution of the Board of Supervisors; (4) Any advisory board, commission, committee or body, created by the initiative of a policy body; (5) Any standing committee of a policy body irrespective of its composition. (6) "Policy Body'' shall not include a committee which consists solely of employees of the City and County of San Francisco, unless such committee was established by Charter or by ordinance or resolution of the Board of Supervisors. (7) Any advisory board, commission, committee, or council created by a federal, State, or local grant whose members are appointed by City officials, employees or agents.

(Added by Ord. 265-93, App. 8/18/93; amended by Ord. 129-98, App. 4/17/98; Proposition G, 11/2/99) Editor's note *The drafters ofProposition G (November 2, 1999) inadvertently omitted section 67.3(b)(4)(C-l),formerly ·section 67.3(b)(4)(D),.from the text ofthe ordinance submitted to the voters. ·

SEC. 67.4. PASSIVE MEETINGS.

(a) All gatherings of passive meeting bodies shall be accessible to individmils upon inquiry and to the extent possible consistent with the facilities in which they occur. ·

(1) Such gatherings need not be formally noticed, except on the City's website whenever possible, although the time, place and nature of the gathering shall be disclosed upon inquiry by a member of the public, and any agenda actually prepared for the gathering shall be accessible to such inquirers as a public record. (2) Such gatherings need not be conducted in any particular space for the accommodation of members of the public, although members of the public shall be permitted to observe on a space available basis consistent with legal arid practical restrictions on occupancy. · (3) Such gatherings of a business nature need not provide opportunities for comment by members ofthe public, although the person presiding may, in his or her discretion, entertain such questions or comments from spectators as may be relevant to the business of the gathering. (4) Such gatherings of a social or ceremonial nature need not provide refreshments to spectators. (5) Gatherings subject to this subsection include the following: advtsory committees or other multimember bodies created in writing or by t~e initiative of, or. otherwise primarily formed or existing to serve as a non governmental advisor to, a member of a policy body, the Mayor, the City Administrator, a department head, or any elective officer, and social, recreational or ceremonial occasions sponsored or organized by or for a policy body to which a majority of the body has been invited. This subsection shall not apply to a committee which consists solely of employees of the City and County of San Francisco. (6) Gatherings defined in subdivision (5) may hold closed sessions under circumstances allowed by this Article. ·

(b) To the. extent not inconsistent with State or federal law, a policy body shall include in any contract with an entity that owns, operates or manages any property in which the City has or will have an ownership interest, including a mortgage, and on which the entity performs a government function related to the furtherance of health, safety or welfare, a requirement that any meeting of the governing board of the entity to address any matter relating to the property or its government related activities on the property, or performance under the contract or grant, be conducted as provided in Subdivision (a) of this section. Records made available to the governing board relating to such matters shall be likewise available to the public, at a cost not to exceed the actual cost up to 10 cents per page, or at a higher actual cost as demonstrated in writing to such governing · board. · http://library .amlegal.coni/alpscripts/get -content.aspx P141 4/10/2019 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY

DENNIS J. HERRERA MARC PRICE WOLF City Attorney Deputy City Attorney

Direct Dial: (415) 554-3901 Email: [email protected]

MEMORANDUM

TO: Sunshine Ordinance Task Force FROM: Marc Price Wolf Deputy City Attorney DATE: August 23,2018 RE: Complaint No. 18059- William Clark v. San Francisco Arts Commission

COMPLAINT Complainant William Clark ("Complainant") alleges the Arts Commission ("the Commission") violated public meeting laws by failing to post the minutes of the June 5, 2018 meeting of the Advisory Committee of Street Artists and Crafts Examiners within ten working days after the meeting. COMPLAINANT FILES COMPLAINT On June 25, 2018, Complainant filed this complaint with the Task Force regarding the Commission's alleged failure to timely post these minutes. JURISDICTION The Commission is a policy body subject to the provisions of the Sunshine Ordinance regarding public meetings. The Commission does not contest jurisdiction to hear this complaint. APPLICABLE STATUTORY SECTION(S) Section 67 of the San Francisco Administrative Code: • Section 67.16 governs the process for recording meeting minutes and posting minutes for public view. APPLICABLE CASE LAW • None BACKGROUND Complainant filed this complaint with the Task Force on June 25, 2018 in which he alleges that the Commission failed to timely post minutes from the June 5, 2018 meeting of the Advisory Committee of Street Artists and Crafts Examiners. On June 29,2018, San Francisco Arts Commission Director of Communications Kate Patterson responded and asserted that the Advisory Committee is not a policy body and not a subcommittee of the Arts Commission. Thus, the minutes are not posted as draft and approved by the Arts Commission. Instead, she noted that "the minutes of the meetings are posted as a courtesy to. artists and other interested members of the public who are unable to attend." She

FOX PLAZA · 1390 MARKET STREET, 6TH FLOOR · SAN FRANCISCO, CALIFORNIA 94102-5408 RECEPTION: (415) 554-3800 · FACSIMILE: (415) 437-4644

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P142 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY

MEMORANDUM

TO: Sunshine Ordinance Task Force DATE: August 23, 20188 PAGE: 2 RE: Complaint No. 18059- William Clark v. San Francisco Arts Commission

also explained that the Advisory Committee meetings are subject to the BrownAct, which is why they are "noticed and provide for public comment." QUESTIONS THAT MIGHT ASSIST IN DETERMINING FACTS • Were the Advisory Committee of Street Artists and Crafts Examiners' minutes ever posted? LEGAL ISSUES/LEGAL DETERMINATIONS • Did the Commission fail to comply with Administrative Code Section 67.16 by failing to timely make the Advisory Committee meeting minutes available for public inspection? • Does Administrative Code Section 67.16 require the minutes of the Committee's meetings to be posted within 10 days of the meeting? CONCLUSION THE TASK FORCE FINDS THE FOLLOWING FACTS TO BE TRUE:

THE TASK FORCE FINDS THE ALLEGED VIOLATIONS TO BE TRUE OR NO.T TRUE.

***

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P143 CITY AND COUNTY OF SAN FRANCISCO OFFICE OF THE CITY ATTORNEY

MEMORANDUM

TO: Sunshine Ordinance Task Force DATE: August 23,20188 PAGE: 3 RE: Complaint No. 18059-William Clark v. San Francisco Arts Commission

CHAPTER 67, SAN FRANCISCO ADMINISTRATIVE CODE (SUNSHINE ORDINANCE)

SEC. 67.16. MINUTES. The clerk or secretary of each board and commission enumerated in the Charter shall record the minutes for each regular and special meeting of the board or commission. The minutes shall state the time the meeting was called to brder, the names of the members attending the meeting, the roll call vote on each matter considered at the meeting, the time the board or commission began and ended any closed session, the names of the members and the names, and titles where applicable, of any other persons attending any closed session, a list of those members of the public who spoke on each matter if the speakers identified themselves, whether such speakers supported or opposed the matter, a brief summary of each person's statement during the public. comment periuJ. for each agenda item, and the time the meeting was adjou.."'11ed. l.u'.lY person speaking during a public comment period may supply a brief written summary of their comments which shall, if no more than 150 words, be included in the minutes.

The draft minutes of each meeting shall be available for inspection and copying upon request no later than ten working days after the meeting. The officially adopted minutes shall be available for inspection and copying upon request no later than ten working days after the meeting at which the minutes are adopted. Upon request, minutes required to be produced by this Section shall be made available in Braille or increased type size.

/users/marcwolf/documents/marc sf cao/sunshine/18059 - clark v. arts commission. doc

P144 Sunshine Ordinance Task Force Complaint Summary

File No. 18059

Bill and Bob Clark v. The Arts Commission

Date filed with SOTF: 6/25/18

Contacts information (Complainant information listed first): William J. Clark- [email protected] (Complainant) Kate Patterson (Respondent)

File No. 18059: Complaint filed by William J. Clark against the Arts Commission for allegedly violating Administrative Code (Sunshine Ordinance), Section 67 .16, by failing make meeting minutes available in a timely manner. (June 5, 2018- Advisory Committee of Street Artists and Crafts Examiners).

Administrative Summary if applicable:

Complaint Attached.

P145 Complainant/Petitioners Documents Submission.

P146 le er, Cheryl (BOS)

From: Bill and Bob Clark < [email protected]> Sent: Friday, January 25, 2019 11:48 AM To: SOTF, (BOS) Subject: File No. 18059

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Victor,

Please include this email in the File No. 18059 for my Sunshine complaint against the SF Arts Commission

On January 7, 2019 the SF Arts Commission amended its by laws to include the language I have put in this email below.

William J. Clark

5.5 Advisory Committees. The Commission shall maintain the Street Artist Advisory Committee and may maintain other Advisory Committees to inform and make recommendations to the Standing Committees of the Commission. a. Street Artist Advisory Committee. The Street Artist Advisory Committee {"Advisory Committee of Street Artists and Crafts Examiners" under San Francisco Police Code Article 24, Section 2400.2) shall be made up of five artists and craftspeople, appointed by the Mayor, one of whom is an art teacher, and none of whom are street artists. The Committee shall be responsible for the screening of wares of applicants who are seeking permits in order to verify that items are of the artist's own creation. The Committee shall make studio visits and monitor street sales.

1 P147 Young, Victor

From: Bill and Bob Clark Sent: Monday, July 09, 2018 11:16 AM To: SOTF, (BOS) Subject: Sunshine complaint #18059

Victor,

Please put this email in the folder for my Sunshine complaint #18059

I disagree with the Arts Commission's claim that the Advisory Committee of Street Artists and Crafts Examiners is a passive meeting body. the Advisory Committee of Street Artists and Crafts Examiners is a policy body.

I also disagree with the Arts Commission's claim that Proposition L, The Street Artist Orinance, approved by the voters at the November 5, 1975 Municipal Election is not a Charter Amendment.

Proposition L, The Street Artist Ordinance, approved by the voters at the November 5, 1975 Municipal Election is a Charter Amendment.

In the November 5, 1975 Voter's Pamphlet the S.F. voters were told by the Controller that Proposition L, the Street Artist Ordinance, is a Charter Amendment.

The Controller did that on page number 127 of that Voter's Pamphlet in the Controller's Statement entitled THE CONTROLLER'S STATEMENT PURSUANT TO CHARTER SECTION 9.112 regarding Proposition L, The Street Artist Ordinance.

In that statement the Controller said the following:

"Should the proposed charter amendment be adopted, it is my opinion that the effect of its provisions on the cost of government of the City and County of San Francisco and its tax rate cannot be determined at this time."

Furthermore, Section 2 of Proposition L, the Street Artist Ordinance, which was approved by the S.F. voters at the November 5, 1975 Municipal Election is entitled, "Advisory Committee of Street Artists and Craftsman Examiners; Establishment; Appointment; Compensation; Terms; Chairman; Secretary."

Section 2 of Proposition L, the Street Artist Ordinance, states:

"There is hereby established an Advisory Committee of Street Artists and Craftsman Examiners who shall advise the Art Commission on matters relating to the wares produced by Street Artists and to perform such other functions as shall from time to time be deemed appropriate by the Commission."

The Advisory Committ~e ofStreet Artists and Crafts Examiners advises the full Arts Commission.

Section 67.3(D)(5)(d)(4) of the S.F. Sunshine Ordinance states:

'"Policy Body' shall mean: Any advisory board, commission, committee or body, created by the initiative of a policy body,".

The S.F. voters are a policy body and Proposition L, the Street Artist Ordinance, was created by the the initiative of the S.F. voters.

In Section 67.3(D)(d)(5) of the S.F. Sunshine Ordinance it also states:

"'Policy Body' shall mean: Any standing committee of a policy body irrespective of its composition."

The Advisory Committee of Street Artists and Crafts Examiners is a standing committee of the Arts Commission which is a policy body because the Arts Commission is a commission enumerated in the S. F. Charter.

1 P148 The Advisory Committee of Street Artists and Crafts Examiners is a standing committee because it has regularly scheduled meetings.

In addition, Section 67.3(D)(d)(5)(6) of the SF Sunshine Ordinance states:

"'Policy Body' shall not include a committee which consists solely of employees of the City and County of San Francisco, unless such committee was established by Charter or by ordinance or resolution of the Board of Supervisors."

As I previously stated above, Proposition L, The Street Artist Ordinance was established by the S.F. Charter.

The Advisory Committee of Street Artists and Crafts Examiners does not serve as a non-governmental advisor to, a member of a policy body, the Mayor, the City Administrator, a department head, or any elective officer.

Section 67.4(5) of the S.F. Sunshine Ordinance regarding Passive Meetings states, "This subsection shall not apply to a committee which consists solely of employees of the City and County of San Francisco."

The members of the Advisory Committee of Street Artists and Crafts Examiners are paid by the City and County of San Francisco.

According to Merriam Webster's Collegiate Dictionary Tenth Edition, the word "employee" is defined as "one employed by another usually for wages or salary and in a position below the executive level."

The members of the Advisory Committee of Street Artists and Crafts are therefore employed by the City and County of San Francisco which means they are employees of the City and County of San Francisco .

In conclusion, The Advisory Committee of Street Artists and Crafts Examiners is a policy body and all of the provisions of the Brown Act and the S.F. Sunshine Ordinance relating to a policy body apply to the meetings of The Advisory Committee of Street Artists and Crafts Examiners.

I also disagree with the Arts Commission's claim that Proposition L, The Street Artist Orinance, approved by the voters at the November 5, 1975 Municipal Election is not a Charter Amendment.

Proposition L, The Street Artist Ordinance, approved by the voters at the November 5, 1975 Municipal Election is a Charter Amendment.

In the November 5, 1975 Voter's Pamphlet the S.F. voters were told by the Controller that Proposition L, the Street Artist Ordinance, is a Charter Amendment

In that statement the Controller said the following:

Section 2 of Proposition L, the Street Artist Ordinance, states:

2 P149 "There is hereby established an Advisory Committee of Street Artists and Craftsman Examiners who shall advise the Art Commission on matters relating to the wares produced by Street Artists and to perform such other functions as shall from time to time be deemed appropriate by the Commission." ·

The Advisory Committee of Street Artists and Crafts Examiners advises the full Arts Commission.

Section 67.3(0)(5)(d)(4) of the S.F. Sunshine Ordinance states:

'"Policy Body' shall mean: Any advisory board, commission, committee or body, created by the initiative of a policy body,".

The S.F. voters are a policy body and Proposition L, the Street Artist Ordinance, was created by the the initiative of the S.F. voters.

In Section 67.3(D)(d)(5) of the S.F. Sunshine Ordinance it also states:

'"Policy Body' shall mean: Any standing committee of a policy body irrespective of its composition."

The Advisory Committee of Street Artists and Crafts Examiners is a standing committee because it has regularly scheduled meetings.

In addition, Section 67.3(D)(d)(5)(6) of the SF Sunshine Ordinance states:

As I previously stated above, Proposition L, The Street Artist Ordinance was established by the S.F. Charter.

The members of the Advisory Committee of Street Artists and Crafts Examiners are paid by the City and County of San Francisco.

William J. Clark

3 P150 I (BOS)

From: Bill and Bob Clark < [email protected]> Sent: Tuesday, June 26, 2018 10:03 AM To: SOTF, (BOS) Subject: Fw: [External Message Added] San Francisco public records request 18-2068

I am forwarding the Arts Commission's response to my IDR request to view the contents of the draft minutes of the June 5, 2018 meeting of the Advisory Committee of Street Artists and Crafts Examiners.

William J. Clark

-----Forwarded Message----- From: San Francisco Public Records Sent: Jun 22, 2018 3:24PM To: billandbobclark@access41ess. net Subject: [External Message Added] San Francisco public records request 18-2068

--Write ABOVE THIS LINE to post a message that will be sent to staff.--

San Francisco Public Records

A message was sent to you regarding record request #18-2068:

We received your Immediate Disclosure Request, dated June 22, 2018. You have requested the following records:

" the draft minutes of the June 5, 2018 meeting of the Advisory Committee of Street Artists and Crafts Examiners

Although you labeled your request as an Immediate Disclosure Request, it is not "simple, routine, or otherwise readily answerable," as is required by San Francisco Administrative Code Section 67.25(a). For this reason, we are treating your Immediate Disclosure Request as a standard public records request, subject to the normally applicable 10-day response time, with a possible extension. Accordingly, we will be in touch with you regarding the request by no later than Monday, July 2, 2018.

Too many emails? Change your email settings here

Trouble with the request button? Copy the URL below into your web browser: http:/lsanfrancisco.nextrequest.com/requests/18-2068

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Pfs2 San Francisco Charter Appendix E

STREET ARTIST ORDINANCE

·Adopted November 4, 1975

An Ordinance relating to the Regulation of Street Artists and Craftsmen, establish ing an Advisory Committee of Street Artists and Craftsmen Examiners, prescribing certification procedures, and procedure for designation of sales areas; and repealing initiative approved as Proposition "J" at the election held on June 4, 1974. Be it ordained by the people ofthe City and County ofSan Francisco: f. r SECTION 1.. An ordinance is hereby enacted and approved, regulating certain activities of street artists and craftsmen, reading as follows: . . REGULATING STREET ARTISTS AND CRAFTSMEN

Sec. 1. Definitions: Sec. 2. Advisory Committee of Street Artists and Craftsmen Examiners; Establish- ment; Appointments; Compensation; Terms; Chairman; Secretary. Sec. 3; Application. Sec. 4. Examination. Sec. 5. Issuance of Certificate. Sec .. 6. Certificate Fee; Period. Sec. 7. Regulating Street Artists and Craftsmen. Sec. 8. Designation of Sales Areas. Sec. 9. Repeal.

Sec. l Definitions. For the purposes of this ordinance the following words or phrases shall mean or include: · (a) "Art Commission". The Art Commission of the City and County. (b) "Advisory Committee". The Advisory Committee of Street Artists and Craftsmen Examiners of the City and County. (c) "City and County". The City and County of San Francisco. (d) "Family Unit": Two or more persons jointly engaged in the creation or production ofan art or craft item, no one ofwhom stands in an employer-employee relationship to any of the other members thereof, or, two or more physically or mentally handicapped persons participating in a formal rehabilitation program a part ofwhich includes activities for the creation of arts and crafts by said persons. · (e) "Person". Any individual, copartnership, firm, association, joint stock company, corporation, or combination ofindividuals of whatever form or char acter; provided, however, that whenever a right, privilege, or power is conferred upon a person hy the provisions of this ordinance, the term "person" shall mean an individual natural person.

Sec. 2. Advisory Committee of Street Artists and Craftsmen Examiners; Establishment; 'Appointment; Compensation; Terms; Chairman; Secretary.

P153 CH-3J7 I hereby certify that the foregoing ordinance was ordered sub- 1lffitted by the Board of Supervisors of the City and County of .San . Francisco. GILBERT R BOREMAN; Acting Clerk any one location.

. MOTION. . . By holdirig __ s:u:ch public hearings, the Board of Supervisors AUTHORIZING BALLOT ARGUMENT FAVORING PROPOS!~ protects all concerned. Under the Ordinance proposed by the .· TION "L", CHARTER AMENDMENT RELATING TO A PRO'- • street artists, there is no such _protection for the public, and no . POSED· ORDINANCE REGULATING ACTIVITIES OF STREET opportunity to be heard. . · · . . ARTISTS. . In order to confuse the voters, the street artists were able to * IT IS HEREBY MOVED, That pursuant to Section 5.77 of the place Proposition ''M" on the ballot through a petition which was Administrative Code, the Boarq of Supervisors does hereby author as misleading as their Ordinance whi~h appears in this handbook. ize a ballot argument favoring approval by the e~ectorate of the proposed Charter amendment relating to a proposed ordinance Proposition "I/', in summary, controls the locations and numbers regulating activities of street artists; of street artists. It is logical ·and good for all concerned-the public, the artists and the nierchannts. . . r . and, be it ~ . : Vote Yes on Proposition "L". This ballot argument is.sp.onsored FuRTHER MOVED, That the full text of said argument hereby 1,1nariimously and endorsed by the Board of Supervisors. ·authorized be as shown in the draft attached to this motion and is hereby declared to be a part hereof; and, be it Submitted by: · Gregory P. Hurst. . FURTHER MOVED, That:theRegistrar ofVoters be· and is here by authorized and directed to include said argument in the pam Endorsed by: phlet accompanying the sample ballots to be mailed to the voters of .Leonar_9.o S. ·Bacci _ . . ei:Y'c~ fill A'( ~A t-R.. ~~ i ,;_ '-·-'f:t-':l~~t" John Bates ,. c,, l*b I !lj.j n ..,., ,;; ;~l'lr"CU'V-- ~'I fill t 't" i(..ryc• the City and County of Sari Francisco--for the election to be held on· Matthew·J. Boxer-'-'• • "''-" ·• ,.... Tuesday, November 4, 1975~ Dr. Arthur Coleman 'Jii. Mrs. Harold Cutler Alfred Gee . Adopted~Board of Supervisors, San Francisco, Sep ;2, l975. ~. · Jack Goldberger· t - ! i;'nr. Zuretti Goosbyit I hereby certify that the foregoing motion was adopted by the Walter Kaplan Board of Supervisors of the City and County of San Francisco. F.rances McAteer .JI. · .,. Willia,m E. MeDonlfelli'1 fG:; Me;,,.;,· t) .. MARGARET G. MAGUIRE;Ac~:lng Clerk Clarissa S. McMahon Cecil'E.. Poole; Esq. !P>rre IUI.iE·t . ~ll rza-12!)._-. ri;, Julia G: Porter . : 6 : "" .. ~ · ARGUMENT FOR .PROPOSITION "L" Mrs; Anna Thayer . . · - . · · i;..• _Teller w_einmann. D~_ Pee-$. AWl.~ 1111\e:t.c_ ~~-...... ,A~~..,. . ·. · Vote YES £or Proji>osition "L" · Idaree Westbrook · · ~':'M~rr-~:to .Ct:!JifP :H. K. Wong GMP:C-f.S:,. o-;: CJHill.J R"of::c.~lr/!..Of:>-N.~·r cp; ·The Board of Supervisors, beset by the tremendous number of Dr. Thomas Wu .;It- , .· . · · · · complaints from the general public who witnessed the ehaos createdc San Francisco Council of DistriCt Merchants " c P~~ ::5 by Proposition "J" at Union Square, Beach Street and other parts of · Downtown Assodatiori of San Francisco..,. OPf"lf)i&IP .. ,.- the city during the last Christmas holiday season, recognized the.· "/ Fisherman's Wharf Association: . . . . ·· .-•• ~ ·Greater San Francisco Chamber of Commerce _, e Plltar.f-11 :!' need for regulation of. street artists and craftsmen, and voted : Retail DryGoodsAssociationoy e~Pe~ -:[ · : .· unanimously to place the issue before the electorate at this election. . ' ' ' ' . - "L" will repeal Proposition "J". , ARGUMEN~.AGiUNST PROPOSITION "L" (~· P~ssage of Proposition "L" will not put the. le·githnate, ~~tf{:fied,J····. · Vote No on "L" ;\~street artists out of _b~siness as many of them h.ave elaime_d. It. w_1.·1_1_ •.. _· · .· l.j5tually protect the1r mterests as well as the general public.· . · .· _·._ ·.. ·· ... · , This piopositicm would .repeal the .. ordiriahce; approved by the Arguments printed on this page a:rre the opinions o£-Jhe auth~rs ~rid " A:rgmnents· printed on thls page are the opinions of the authoil"s and have not been chedt.ed fo:r accuracy by any offichnl ag~ncy. ' have not been.~hecked for accuracy by any official agency. 124 voters in June 1974, which allows street artists to get licenses and ARGUMENT AGAINST PROJP'O§TITilON "L" sell their own artwork on .city streets. The "repealing" claus•e is tacked on at the end of the ordinance. The "establishing of an Art Against §upe~vismrs' JP'roposli1l:imm ·"JL'' C:o;nm~ssion ~dvisory Committee'' iri the beginnhig of ·this propo~ sitwn IS a device by the Board of Supervisors to hide the fact that . We, the undersigned, Friends of the Sti·eet Artists, wish to add they are atte~pting to t~e the street artists' licenses away~ Exactly our own endorsements to the position stated by the Concerned San s_uch ~n Advisory Com_mittee as. the~ "propose" has been in opera Franciscans to Save the Street Artists. The street artists add color, tion smce 1972, screemng street artists' wares and issuing certifi charm and a feeling of vibrancy to San Francisco and have helped cates. make it "Everyone's·Favorite City." -.

The reason for this deceptiveness is that the Board wants to Carol R. Hull, Friends of the Street Artists rem~ve street artis!s from the public sidewalks but knows the. Endorsed by: _ . pubhc wo~ld be agamst this. Proposition "L" would give the Board Bruce B. Brugmann, Editor and Publisher, San Francisco Bay Guardian of S?perv1sors such br9aa_ authority over street arHsts' selling Robert B. Covington, Co-ordinator of Federation of Ingleside Neighbors locatiOns that San Franciscans can be assured the Downtown Asso Ed Dunn; President, Haight-Ashbury Neighborhood Council ciation will be successful in having street artists removed from the Ted. Frazier, Chairman, San Francisco Coalition str•eets and exiled to th~ piers of Fort Mason (a proposal already ,& Agar Jaicks, Chairman, Democratl.·c County C. entral Committee of S.F. supp?rted by one supervisor). · -~ Carlton Goodlet, M.D., Editor ahdfrublis~r, The Sun-Reporter · 'E. Robert Scrofani, Pre~rtfefit, San .rancisco Tomorrow Republican County Central Committee of S.F. The problem of congestion on the public sidewaiks can be Consumer Action of San Francisco solved .h1 regulations the street .artis1s' own proposal, AlvinDuskin · s~~ci~c .(~e~ Rev. A. Cecil Williams Propos1t10~ M ) . We oppose gwmg .broad author:lty to the Board of. Supervisors ]?e~ause. we feel it .has shown itself to be aligned with the large busmess mterests. . · · · CON'l'ROlLLJER'§ §TA'IL'JEMJEN'JI' JP'UR§UAN'll' TO speci:fic·.provisions in this . Eoard ·of ·Supervisors, be permitted to sen! onliy on ][li1Ulbliic sii«ll.e ordmance for distances to be mamtamed from doorways, cross-, wallks or p1UlbHc arreas designated by tlhte Eoa:n.·d olt §uperrvisi()J:rrs? walks or :fire hydrants because its authors have no intention of allowing street artists to operate on the sidewalks. -~ . -. . ~- · ''·· . the proposed charter amendmen,t be adopted, it is my:r'< This ordi!lance deli~erately c;>mits any· r~fe:r:enee\to the.. rights· ~ ... ~···~·· that theeffect or its provisions on the cost of government of street artists to contmue selling on the s1dewa~[ks because this the City and County of San Francisco and its tax rate cannot be 'ordinance is written' to eliminate street artists f£om the sidewalks. of c determinedat this time. Such determination can be made only after San Francisco. the receipt of statistics related to the time the members of the Advisory Committee of Street Artists and Craftsmen Examiners Regulation, Yes! Elimination, NoJ spend 'in this capacity and. the rate of pay to be established by the ' - J• •, ·,,1 ,., -.' ,,-. 1 ,) .,.~~; ~''',~I Board of Supervisors. , Vote No o~ "L" JOHN C. F AB.RELL, Controller City and County of .S-an Francisco .Dale Axelx:od, Chai~~e;rsq~, c;oncerned San .Frar1ciscans to Save the Street Artists. ~. · · · .· · · .. ..~~ ,, PROPOSITION M-STREJE'Jl' ARTISTS' INI'Jl'J!A'FIVE Adopted-Board of Sl,lp~rvisors, ·san. FranCisco, S•:~p ~2,'1975. ·.· · THE WAY IT. IS NOW: Street· artists can .sell the things they 1 .I hereby certify that :the foregoing motion Acting Clerk committee of four artists or craftsmen and one art educator to examine street·artists' work to make sure it is hand;;.m._ad~. ' . '' ' ''' " ' ' . "~-;;,~.-.:._ Arguments printed on this J:lage. are the opinions of the authok~ ''and Arg1Ulments printed on this page are. the ~pinions .of the a1lJltlhlm."s ant!ll . have not been checked for accuracy b§ any .official :iigEmcy. ,' · · have not been checked for acc11llracy by any officnai agency. 126. .• 127 treet rtist ees

PROPOSITION K. Shall street artists be allowed to purchase a YES 137 one-year certificate for $80.00 in order to sell NO 138 their wares and shall the Board of Supervi ... sors be allowed to increase the cost of the certificate to pay for the street artist program? · Analysis By Ballot Simplification Committee \

THE WAY IT IS NOW: A person wishing to sell A. YES VOTE MEANS: If you vote yes, you. his or her wares as a street artist must buy a want a street artist to be able to buy a Qne three-month certificate from the City at a year certificate from the City at a · cost ot fixed cost of twenty dollars ($20.00). The vot~ eighty dollars ($80.00), and you want the ers must approve any change in the cost of board of supervisors to be able to increase the this certificate. · . cost of th~ certificate without voter approvai

THE PROPOSAL: Proposition K would give a A NO VO'(E MEANS: If you vote no, you want street artist the option of buying a one.:year a street artist to continue to buy a three certificate from the City at a ·cost of eighty month certificate from the City at a fixed cost dollars ($80.00). In the future, the board of oftwenty dollars ($20.00), and you want the supervisors would not need voter approval to voters to continue to approve any changes in increase the cost 'of the certificate to pay for the cost of the certificate .. running the street artist program.

Controller's Statement on "K" How Supervisors Voted on "K" I City Controller John C. Farr.ell has issued the On August 8 the Board of Supervisors voted 11 to 0 following statement on the fiscal impact of · on the question of placing Proposition K on the ballot. Proposition K: The Supervisors voted as follows: .~ "Should the proposed Charter amendment be YES: Supervisors Harry Britt, Richard Hongisto, Willie · adopted, in my opinion,. m and of itself, it Kennedy, Quentin Kopp, Bill Maher, John Moli would not affect the cost of government. How nari, Wendy Neider, Louise Renne, Carol Ruth ever, as a product of its application, fees may Silver, Nancy Walker and Doris Ward. be increased to cover increased costs of street NO: None of the Supervisors present voted "No." artist certifications."

THE TEXT OF PROPOSITION K APPEARS ON PAGE 91

P156 47 INITIATIVE ORDINANCES

Voter approved ordinances which may not be amended except by the voters. Editor's note: Appendices I through 33 were formerly published as Appendix A through Appendix AG. To facilitate the addition offuture voter initiatives, the appendices have been renumbered in the identical sequence in which they were fqrmerly published.

Appendix

Refuse Collection and Disposal November 1932* ~· ~ Street Railway Cars May 1935* c 3 Fresh Meat November 1968 Q_4 Repealed * Street Artists , November 1975* ~ 65 ~~ . F Taxicabs And Other Motor Vehicles For Hire June 1978 t"l, 7 '-' Nonprofit Garage Corporations June 1980 f{ 8 . Smoking Pollution Control November 1983 I9 Jail Cost Reimbursement June 1984 Tio Park Shadow Ban June 1984 f(ll Compensated Advocacy and Officeholder Accounts June 1986* L-12 Planning Initiative · November 1986* tv\13 Oil Development Moratorium November 1986 Polytechnic High Rezoning June 1987 ~ ~ 15\ Executive Park June 1987 p 16 Residential Utility Tax November 1987 Q 17 Health Care Community Service November 1988 p._ 18 U.S.S. Missouri Homeporting November 1988 "S. 19 Neighborhood Beautification and Graffiti Cleanup Fund Option June 1990 T2o Waterfront Land Use November 1990 l/1 21 Recognition of Domestic Partnerships November 1990 November 1992 v 22 Prohibiting Harassing or Hounding Solicitation I iAJ 23 Geary Boulevard/Divisadero Street Special Use District November 1992 _><:... 24 Reforming General Assistance Program November 1993 y·25 Loitering At or Near Cash Dispensing Machines Prohibited June 1994 :226 . Rent Control November 1994 Afr27 Official Newspapers November 1994 ftf!,.28 Elections Task Force November 1994 A-C-29 General Assistance Payments November 1994 AD3o Ferry Building and Pier 52 November 1994 /tE31 Neighborhood Crime Prevention November 1994 Ah2 Municipal Railway Audit November 1995 /t-&33 Campaign Finance Reform November 1995* 34. Northeast China Basin. Special Use District March 1996 Candlestick Point SpecialUse District June 1997

P157 3 June 2000. Respondents cument Su~b ission

P158 ;an Francisco Arts Commission June 29,2018

·om DeCalgny )irecfor of Cultural Affairs Mr. VictorYoung, Administrator Sunshine Ordinance Task Force 101 Van Ness Avenue. Sulte325 ;an Francisco, CA 94102 1 Dr. Carlton B. Goodlett Place City Hall Room 244 iFAc Galleries 101 Van Ness Ave['iu~.• Suite 126 San Francisco, CA 94102 ian Francisco, CA 94102

;treet Artists Licensing Subject: File No. 18059 101 Van Ness Avenue, Suite 1248 )an Francisco, CA 94102 Dear Mr. Young: el 415·252·2100 ax 415-934-1022 The complaint of FileNo. 18059 alleges that the Arts Commission violated ,fartscommission.org Administrative Code (Sunshine Ordinance), 67-16, by failing to post meeting minutes acebook.com/sfartscommission witter.com/SFAC of the June 5, 2018, Street Artists and Crafts Advisory Committee.

The Advisory Committee of Street Artists and Crafts Examiners is not a policy body. The Arts Commission has consulted with the City Attorney over the years in regards to this Committee's status. The Advisory Committee is not enumerated in the City's ;ity and County of san Francisco charter. It was created by Ordinance in 1972. The Sunshine Ordinance lists the following in the definition section:

(d) "Policy Body" shall mean: (1) The Board of Supervisors; (2) Any other board or commission enumerated.in the charter; (3) Any board, commission, committee, or other body created by ordinance or resolution of the Board of Supervisors; (4) Any advisory board, commission, committee or body, created by the initiative of a policy body; (5) Any standing committee of apolicy body irrespective ofits composition. (6) "Policy Body" shall not include a committee which consists solely of employees of the City and County of San Francisco, unless such committee was established by charter or by ordinance or resolution of the Board of Supervisors. (7) Any advisory board, commission, committee, or council created by afederal, state, or local grant whose members are appointed by city officials, employees or agents.

The Advisory Committee of Street Artists and Crafts Examiners is an Advisory Committee created by an ordinance.

P159 June 29, 2018 Page2

It is not: a committee created by ordinance or the Board of Supervisors an advisory committee created by the initiative of a policy body created by a grant

The Arts Commission has consulted with the City Attorney's office over the years and the Advisory Committee of Street Artists and Crafts Examiners has never been considered a policy body. As it is not a subcoiDIDittee of the Arts CoiDIDission, the minutes are not posted as draft and approved by the Arts CoiDIDission. Staff post the minutes of the meetings as a courtesy to artists and other interested members of the public who are unable to attend.

While it is not subject to the rules and regulations governing a policy body as specified in the Sunshine Ordinance, it is, however, subject to the Brown Act governing public meetings. This is why the meetings are still noticed and provide for public comment. The Brown Act only requires 10 day posting of minutes for closed session meetings. The Advisory CoiDIDittee of Street Artists and Crafts Examiners meetings are not closed, and therefore not subject to the 10 day posting notice for closed sessions.

Therefore, there has been no violation.

Sincerely,

Kate Patterson Director of Communications cc: Anne Trickey, Rebekah Krell

P160 I (BOS)

From: ANN TREBOUX

Sent: Thursday{ May 301 2019 10:28 AM To: SOTFI (BOS) Cc: Leger{ Cheryl (BOS) Subject: FILE# 18059 William Clark v SFAC-communication with the SOTF Board

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Dear Cheryl:

I am requesting that this communication be made avaible to the full Sunshine Task Force Board members for the above hearing on June 5, 2019-Ciark v SFAC. File # 18059.

I had a committee level hearing on the same issue before \/Viiiiam Ciark's hearing several mur1Li1~ ago.

I am still passionate that the Advisory Committee of Craftsmen Advisors must post full and accurate minutes in the same manner as any other advisory meeting under the San Francisco charter.

I attende.d an advisory committee meeting of the SFAC, some two years ago. I had not been to one in over 5 years and was curious to know what changes were taking place. I had to sit though a 20 minute lecture before the meeting started. · · ·

This lecture concerned baby changing stations in bathrooms; what to do in the event of emergency and some vague

reference to the, Mayor's Office oh harassment. I did not see any documents avaible for the public to view either at the meeting or on-line.

I waited for general public comment and read from a pre-prepared statement. Anne Trickey cut me off mid-sentence

claiming, "YOU CAN"T SAY THAT!" and ran out of the room. I read from the statement and when she returned, I

was told, "I had to go otherwise, SFPD would be called". I taped the incident from my phone.

I noted that the minutes did not reflect what took place and my statement was not entered into the minutes. This is

a clear violation of my First Amendment rights. 1 P161 For the past 2 years, I have been reading the minutes of both the Advisory meetings and Street Artist meetings. I ·

find them to be incomprehensible and impossible to understand what took place. In every incidence, the minutes posted

after the 10 day grace period under 67.45. The names of the speakers where not given and since there is no audio of these

meetings posted on-line-it is impossible to understand what took place.

The Advisory Committee, is a policy body. They vote on if a street artist applicant passed the screening and/or needs to return with

additional information. This Committee is mentioned under Article 24 of the San Francisco Police Code and even though they cannot

get it together to go out to monitor in the street-they are mandated to do so by the voters of San Francisco. ·

. Without notice, allowance for public comment and /or documents-Anne Trickey of the San Francisco Arts Commission has squandered

$160,000 of SF Taxypayer money to MJM Management to p~ovide two part time workers to run the lottery three days per week at the ·

Embarcadero Plaza. Trickey has never responded or investigated complaints made about street artists in the downtown or Wharf areas ·

in over two years. Over 3/4 of street artists have left the program due to her lack of enforcement.

ANN TREBOUX a [email protected]

2 P162 I (BOS)

From: SOTF, (BOS) To: Bill and Bob Clark Cc: Trickey, Anne (ART) Subject: RE: SOTF - Request of Chair Bruce Wolfe, November 7, 2018 Hearing

Dear Bill and Bob Clark:

I write to you because the Arts Commission requested a postponement of the hearing on your matter. Pursuant to Sunshine Complaint Procedures outlined below, please let us know by the close of business Wednesday if you are amenable to their request. Thank you.

Continuances:

(a) A complainant may waive the 45-day rule and request a continuance. If the request is received five business days in advance of the scheduled hearing it shall be granted. For requests subrnitted less than five business days in advtincc or for requests for subsequent continuances, the request may be granted by a simple majority vote of the members present. (b) If a respondent submits a request for continuance at least five business days in advance, upon agreement of the complainant the continuance shall be granted. lfthe complainant does not agree to the continuance, the request for continuance is not made within five business days, or the respondent is requesting a subsequent continuance, such continuance shall be granted by a simple majority vote of the members present.

Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724

Click here to complete a Board of Supervisors Customer Service Satisfaction form.

The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.

Disclosures: Personal.inform~tion that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are nat required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

From: Trickey, Anne (ART) Sent: Monday, October 29, 2018 1:54PM To: SOTF, (BOS) ; Krell, Rebekah (ART) ; Patterson, Kate (ART) Subject: RE: SOTF- Request of Chair Bruce Wolfe, November 7, 2018 Hearing

1 P163 Hello Cheryl,

We have a current request for an official opinion from the City Attorney regarding our requirements about this meeting. We kindly request that this be postponed until the City Attorney has responded .

. Sincerely,

Anne Trickey Program Officer Office: 415-252-2213 Field: 415-806-5884 pronouns: she/they formal address: Mx. Trickey What's this?

A guest on traditional, unceded Ramaytush Ohlone land.

NOTICE: Please be mindful that all correspondence and documents submitted to the San Francisco Arts Commission are public records and, as such, are subject to the Sunshine Ordinance and can be requested by the public. If this happens, a!! sensitive personal information, such as Social Security numbers and phone numbers, will be redacted.

From: SOTF, (BOS) Sent: Monday, October 29, 2018 1:47 PM To: Krell, Rebekah (ART) ; Patterson, Kate (ART) ; Trickey, Anne (ART) Subject: SOTF- Request of Chair Bruce Wolfe, November 7, 2018 Hearing

Dear Respondents:

Please see Chair Wolfe's request below. Please get your response to us before the close of business Wednesday. Thank you.

File No. 18059: Complaint filed by William J. Clark against the Arts Commission for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.16, by failing make meeting minutes available in a timely manner. (June 5, 2018- Advisory Committee of Street Artists and Crafts Examiners).

Chair B. Wolfe requests that Ms. Krell and the SOTF counsel to provide documentation as to whether or not the Advisory Committee created in 1975 via Proposition Lis a Charter Committee subject to the rules related to policy bodies. Issues to take into consideration are as follow: • The 1975 Controller Statement refers to the matter as a charter amendment • The Board of Supervisors, via Ordinance, submitted the proposal regarding the Advisory Committee to the voters of San Francisco • Current regulation regarding the Advisory Committee is located in the Police Code and not the City Charter

Cheryl Leger Assistant Clerk, Board of Supervisors

2 P164 Tel: 415-554-7724

Click here to complete a Board of Supervisors Customer Service Satisfaction form.

The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.

Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public ore not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

3 P165 Leger, Cheryl (BOS)

From: SOTF, (BOS) Sent: Tuesday, March 19, 2019 4:20 PM To: 'Joshua Klipp'; Lin-Wilson, Tiffany (REC); Pawlowsky, Eric (REC); 'David Tucker'; '[email protected]'; Mulligan, Pat (ADM); 'Sandra Weese'; Guy, Kevin (CPC); lonin, Jonas (CPC); '[email protected]'; Patterson, Kate (ART); 'Bill and Bob Clark'; Polovina, Bianca (ADM) Subject: SOTF- Notice of Hearing- Sunshine Ordinance Task Force: DATE April 3, 2019,4:00 p.m.

Good Afternoon:

You are receiving this notice because you are named as a Complainant or Respondent in one of the following complaints scheduled before the Sunshine Ordinance Task Force to: 1) hear the merits oftb.e complaint; 2) issue a determination; and/or 3) consider referrals from a Task Force Committee.

Date: April3, 2018

Location: City Hall, Room 408.

Time: 4:00p.m.

Complainants: Your attendance is required for this meeting/hearing.

Respondents/Departments: Pursuant to Section 67.21 (e) ofthe Ordinance, the custodian of records or a representative of your department, who can speak to the matter, is required at the meeting/hearing.

Complaints:

File No. 18072: Complaint filed by Joshua Klipp against the Recreation and Parks Department for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a public records request in a timely and/or complete manner.

File No. 18081: Complaint filed by David Tucker against Bianca Polovina and the Office of Labor Standards Enforcement for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.24(b)(2), by failing to respond to a request for litigation documents in a timely and/or complete manner.

File No. 18095: Complaint filed by Sandra Weese against Kevin Guy and the Office of Short-Term Rentals for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner.

SPECIAL ORDER The hearings on File Nos. 18017 and 18058 will not begin earlier than 5:30pm.

File No. 18018: Complaint filed by Randi Sinki against the Arts Commission for allegedly violating Administrative Code, Sections 67.14, by failing to make audio recording available online within 72 hours.

Pf66 File No. 18059: Complaint filed by William J. Clark against the Arts Commission for allegedly violating Administrative Code (Sunshine Ordinance), Section 67 .16, by failing make meeting minutes available in a timely manner. (June 5, 2018 - Advisory Committee of Street Artists and Crafts Examiners).

Documentation (evidence supporting/disputing complaint)

For a document to be considered, it must be received at least five (5) working days before the hearing (see attached Public Complaint Procedure). For inclusion into the agenda packet, supplemental/supporting documents must be received by 5:00pm, March 27,2019.

Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724

Click here to complete a Board of Supervisors Customer Service Satisfaction form.

The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.

Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members ofthe public are not required to provide personal identifYing iriformation when they communicate with the Board ofSupervisors and its committees. All written or oral communications that members ofthe public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members ofthe public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member ofthe public elects to submit to the Board and its committees-may appear on the Board ofSupervisors website or in other public documents that members of the public may inspect or copy.

Pl67 Leger, Cheryl (BOS)

From: Bill and Bob Clark < [email protected]> Sent: Friday, March 1, 2019 8:46AM To: SOTF, (BOS) Subject: Complaint #•18059.

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Victor,

At the January 2, 2019 Sunshine Ordinance Task Force meeting the SOTF heard my complaint #18059 under agenda Idem #7.·

The SOTF voted to continue my complaint to the call of the Chair.

It has been two months since that meeting.

I'm requesting that complaint #18059 be put on the SOTF agenda.

William J. Clark

Pf68 Leger, Cheryl (BOS)

From: SOTF, (BOS) Sent: Wednesday, January 2, 2019 11:52 AM To: Patterson, Kate (ART); krell, Rebekah (ART) Subject: SOTF- January 2, 2019, Sunshine Ordinance Task Force Hearing; File No. 18059

Dear Ms. Patterson:

I just got off the phone with Bill Clark who informed me that he would like to postpone his hearing scheduled for today to a future date because of illness. The Task Force will consider his request at tonight's hearing. I tried to phone you but the line was busy. Let me know if you have any questions. Thank you.

Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554~7724

1/lG!• II irk hPrP tn rnmpiPtP" Bn;Jrd of Supervisors Customer Service Satisfaction form.

The legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.

Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

1 P169 Leger, Cheryl (BOS)

From: Bill and Bob Clark < [email protected]> Sent: Friday, January 25, 2019 11:48 AM To: SOTF, (BOS) Subject: File No. 18059

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Victor,

Please include this email in the File. No. 18059 for my Sunshine complaint against the SF Arts Commission

On January 7, 2019 the SF Arts Commission amended its by laws to include the language I have put in this email below.

William J. Clark

5.5 Advisory Committees. The Commission shall maintain the Street Artist Advisory Committee and may maintain other Advisory Committees to inform and make recommendations to the Standing Committees of the Commission. a. Street Artist Advisory Committee. The Street Artist Advisory Committee ("Advisory Committee of Street Artists and Crafts Examiners" under San Francisco Police Code Article 24, Section 2400.2} shall be made up of five artists and craftspeople, appointed by the Mayor, one of whom is an art teacher, and none of whom are street artists. The Committee shall be responsible for the screening of wares of applicants who are· seeking permits in order to verify that items are of the artist's own creation. The Committee shall make studio visits and monitor street sales.

1 P170 Leger, Cheryl (BOS)

From: Bill and Bob Clark < [email protected]> Sent: Friday, March 1, 2019 8:46 AM To: SOTF, (BOS) Subject: Complaint #·18059

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Victor,

At the January 2, 2019 Sunshine Ordinance Task Force meeting the SOTF heard my complaint #18059 under agenda Idem #7.

The SOTF voted to continue my complaint to the call of the Chair.

It has been two months since that meeting.

I'm requesting that complaint #18059 be put on the SOTF agenda.

William J. Clark Leger, Cheryl (BOS)

From: SOTF, (BOS) Sent: Friday, May 17, 2019 10:43 AM To: Bill and Bob Clark; Patterson, Kate (ART); Denta Tadesse; COTHRAN, GEORGE (CAT); GUZMAN, ANDREA (CAT); COTE, JOHN (CAT); [email protected]; Kelly, Naomi (ADM); Barnes, Bill (ADM); Library Users Assodation; Blackman, Sue (LIB); Lambert, Michael (LIB); [email protected] · Subject: SOTF - Notice of Hearing - Sunshine Ordinance Task Force: June 5, 2019, 4:00 PM Attachments: SOTF- Complaint Procedure 2018-12-05 FINAL.pdf

Good Morning:

· You are receiving this notice because you are named as a Complainant or Respondent in one of the following complaints scheduled before the Sunshine Ordinance Task Force to: 1) hear the merits of the complaint; 2) issue a determination; and/or 3) consider referrals from a Task Force Committee.

Date: June 5, 2019

Location: City Hall, Room 408

Time: 4:00p.m.

Complainants: Your attendance is required for this meeting/hearing.

Respondents/Departments: Pursuant to Section 67.21 (e) of the Ordinance, the custodian of records or a representative of your department, who can speak to the matter, is required at the meeting/hearing.

Complaints:

File No. 18059: Complaint filed by William J. Clark against the Arts Commission for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.16, by failing make meeting minutes available in a timely manner. (June 5, 2018- Advisory Committee of Street Artists and Crafts Examiners).

File No. 18010: Complaint filed by Denta Tadesse against the Office ofthe City Attorney for allegedly violating Administrative Code (Sunshine Ordinance), Chapter 67, regarding violation of the rights to privacy.

File No. 18069: Complaint filed by Mike Black against City Administrator Naomi Kelly, and the Office of the City Administrator for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, by failing to respond to an Immediate Disclosure Request in a timely and/or complete manner.

SPECIAL ORDER The hearings on File Nos. 19004 and 19012 will not begin earlier than 5:30pm.

File No. 19004: Complaint filed by Library Users Association against the Acting City Librarian, Michael Lambert and Sue Blackman, Library Commission Secretary, for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a request for public records in a timely and/or complete manner. .

1 P172 File No. 19012: Complaint filed by the Library Users Association against President Dr. Mary Wardell Ghirarduzzi and the Public Library Commission for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.15, by failing to allow public speakers to speak on an item before the body at a regular or special meeting for up to three minutes.

Documentation (evidence supporting/disputing complaint)

For a document to be considered, it must be received at least five (5) working days before the hearing (see attached Public Complaint Procedure). ·

For inclusion in the agenda packet, supplemental/supporting documents must be received by 5:00pm, May 29, 2019.

Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724

11/llt)• Click here to complete a Board of Super\tisors Customer Service Satisfaction form.

The LeRis!ative RP>Prirrh C:Pnter provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.

Disclosures: Personal information that is provided in communications to the Boord of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information· that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724

1/(0• Click here to complete a Board of Supervisors Customer Service Satisfaction form.

The Legislative Research Center provides 24-hour access to .Boarq of Supervisors legislation, and archived matters since August 1998.

Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the p~blic are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact OT)Y information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

2 P173 Leger, Cheryl (BOS)

From: SOTF/ (BOS) To: [email protected]; Rosenfield/ Ben (CON); Williams/ Matthew (POL); Rydstrom/ Todd (CON); Lane/ Maura (CON); [email protected]; [email protected]; Patterson/ Kate (ART); Ann; Bill and Bob Clark Cc: Young/ Victor Subject: SOTF - Notice of Hearing - Complaint Committee: August 28, 2018, 5:30 p.m.

Good Morning:

Notice is hereby given that the Complaint Committee (Committee) of the Sunshine Ordinance Task Force (Task Force) shall hold hearings on complaints listed below to: 1) determine if the Task Forc;:,e has jurisdiction; 2) review the merits of the complaints; and/or 3) issue a report and/or recommendation to the Task Force.

Date: August 28, 2018

Location: City Hall, Room 408

·,~ Time: 5:30p.m.

Complainants: Your attendance is required for this meeting/hearing.

Respondents/Departments: Pursuantto Section 67.21 (e) ofthe Ordinance, the custodian of records or a representative of your department, who can speak to the matter, is required at the meeting/hearing.

Complaints:

File No: 18054: Complaint filed by Mike Black against the Office of the Controller for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.25, by inappropriately invoking provisions for extensions of time to respond due to the voluminous nature of a request or need to consult with another department.

File No. 18049: Complaint filed by Robert M. Smith against the Fine Arts Museums of San Francisco (F AMSF) for allegedly( violating Administrative Code (Sunshine Ordinance), Section 67 .21, by failing to respond to a request for public records in a timely and/or complete manner.

File No. 18056: Complaint filed by Ann Treboux against Ann Trickey and the Arts Commission for allegedly violating Administrative Code (Sunshine Ordinance), Section 67 .16, by failing make meeting minutes available in a timely manner. (June 5, 2018- Advisory Committee of Street Artists and Crafts Examiners).

File No. 18059: Complaint filed by William J. Clark against the Arts Commission for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.16, by failing make meeting minutes available in a timely manner. (June 5, 2018 -Advisory Committee of Street Artists and Crafts Examiners). ·

Documentation (evidence supporting/disputing complaint)

1 P174 For a document to be considered, it must be received at least five (5) working days before the hearing. For inclusion into the agenda packet, supplemental/supporting documents must be received by 5:00pm, August 22, 2018.

Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724

I(O• Click here to complete a Board of Supervisors Customer Service Satisfaction form.

The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.

Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

2 P175 Leger, Cheryl (BOS)

From: Bill and Bob Clark < [email protected]> Sent: Friday, June 29, 2018 12:04 PM To: SOTF, (BOS) Subject: Fw: RE: SOTF - Complaint Filed with the Sunshine Ordinance Task Force - Complaint No. 18059 Attachments: SOTF _Response_Ltr 18059.pdf

Hi,

I just received this email from Kate Patterson. I don't know what compiaint #18056 is. I didn't file it. It must have been filed by someone else.

William J. Clark

-----Forwarded Message---- From: "Patterson, Kate (ART)" Sent: Jun 29, 2018 11 :47 AM To: "SOTF, (BOS)" Cc: "Young, Victor" , Biii and Bob Ciark Subject: RE: SOTF - Complaint Filed with the Sut'lshine Ordinance Task Force -Complaint No. 18059

Hi Victor,

This is the same complaint as 18056. Perhaps you want to schedule them together. Here is our response.

Kate Patterson-Murphy Director of Communications

San Francisco Arts Commission 401 Van Ness Avenue, Suite 325 San Francisco, CA 941 02 T: 415-252-2229 sfartscommission.org

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NOTICE: Please be mindful that all correspondence and documents submitted to the San Francisco Arts Commission are public records and as such, are subject to the Sunshine Ordinance and can be requested by the public. If this happens, all sensitive personal information, such as Social Security numbers and phone numbers, will be redacted.

From: SOTF, (BOS) Sent: Friday, June 29, 2018 10:50 AM To: Patterson, Kate (ART) Cc: Young, Victor ; Bill and Bob Clark Subject: SOTF- Complaint Filed with the Sunshine Ordinance Task Force- Complaint No. 18059

Good Afternoon:

1 P176 The Arts Commission has been named as a Respondent in the attached complaint filed with the Sunshine Ordinance Task Force. Please respond to the following complaint/request within five business days.

The Respondent is required to submit a written response to the allegations including any and all supporting documents, recordings, electronic media, etc., to the Task Force within five (5) business days of receipt of this notice. This is your opportunity to provide a full explanation to allow the Task Force to be fully informed in considering your response prior its meeting.

Please include the following information in your response if applicable:

1. List all relevant records with descriptions that have been provided pursuant to the Complainant request.

2. Date the relevant records were provided to the Complainant.

3. Description of the method used, along with any relevant search terms used, to search for the relevant records.

4. Statement/declaration that all relevant documents have been provided, does not exist, or has been excluded.

5. Copy of the original request for records (if applicable).

Please refer to the File Number when submitting any new information and/or supporting documents pertaining to this complaint.

The Complainant alleges: Complaint Attached.

Both parties (Complainant and Respondent) will be contacted once a hearing date is determined. Attached is the Sunshine Ordinance Task Force's complaint procedures.

Thank you.

Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724

jf('J• Click here to complete a Board of Supervisors Customer Service Satisfaction form.

The Legislative Research Center provides 24-hour access to Board of Supervisors legislation, and archived matters since August 1998.

Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy. 2 P177 Young, Victor

From: SOTF, (BOS) Sent: Wednesday, August 15, 2018 9:53AM To: [email protected]; Rosenfield, Ben (CON); Williams, Matthew (POL); Rydstrom, Todd (CON); Lane, Maura (CON); [email protected]; [email protected]; Patterson, Kate (ART); Ann; Bill and Bob Clark Cc: Young, Victor Subject: SOTF- Notice of Hearing- Complaint Committee: August 28, 2018, 5:30p.m.

Good Morning:

Notice is hereby given that the Complaint Committee(Committee) of the Sunshine Ordinance Task Force (Task Force) shall hold hearings on complaints listed below to: 1) determine if the Task Force has jurisdiction; 2) review the merits of the complaints; and/or 3) issue a report and/or recommendation to the Task Force.

Date: August 28, 2018

Location: City Hall, Room 408

Time: 5:30p.m.

Complainants: Your attendance is required for this meeting/hearing.

Respondents/Departments: Pursuant to Section 67.21 (e) of the Ordinance, the custodian of records or a representative of your department, who can speak to the matter, is required at the meeting/hearing.

Complaints:

File No. 18049: Complaint filed by Robert M. Smith against the Fine Arts Museums of San Francisco (F AMSF) for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.21, by failing to respond to a request for public. records in a timely and/or complete manner. File No. 18056: Complaint filed by Ann Treboux against Ann Trickey and the Arts Commission for allegedly violating Administrative Code (Sunshine Ordinance), Section 67.16, by failing make meeting minutes available in a timely manner. (June 5, 2018- Advisory Committee of Street Artists and Crafts Examiners).

Documentation (evidence supporting/disputing complaint)

1 P178 For a document to be considered, it must be received at least five (5) working days before the hearing. For inclusion into the agenda packet, supplemental/supporting documents must be received by 5:00pm, August 22, 2018.

Cheryl Leger Assistant Clerk, Board of Supervisors Tel: 415-554-7724

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Disclosures: Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information provided will not be redacted. Members of the public are not required to provide personal identifying information when they communicate with the Board of Supervisors and its committees. All written or oral communications that members of the public submit to the Clerk's Office regarding pending legislation or hearings will be made available to all members of the public for inspection and copying. The Clerk's Office does not redact any information from these submissions. This means that personal information-including names, phone numbers, addresses and similar information that a member of the public elects to submit to the Board and its committees-may appear on the Board of Supervisors website or in other public documents that members of the public may inspect or copy.

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