body,date,page,text,path CivilServiceBoard,2008-01-09,1,"OF of TERKA MINUTES OF THE REGULAR MEETING OF THE CIVIL SERVICE BOARD OF THE CITY OF ALAMEDA WEDNESDAY, JANUARY 9, 2008 1. The meeting was called to order at 5:04 p.m. 2. ROLL CALL: Board Members Michael Rich, Roberto Rocha, Avonnet Peeler, Linda McHugh, Peter Horikoshi and Executive Secretary Karen Willis. ABSENT: None STAFF PRESENT: Jill Kovacs, Senior Management Analyst, Chris Low, Senior Management Analyst, and Stacey Meier, Administrative Technician I, Human Resources. OTHERS IN ATTENDANCE: 3. MINUTES: The minutes of the regular meeting of November 8, 2007 were presented for Board approval. Member Peeler moved to accept, Member Horikoshi seconded, and carried by a 5-0 vote. 4. CONSENT CALENDAR: Member Rocha moved to accept the consent calendar, Member McHugh seconded and carried by a 5 -0 vote. SUMMARY REPORT FOR EXAMINATION ELIGIBLE LISTS AND CLASSIFICATIONS FOR THE MONTHS OF OCTOBER, NOVEMBER, DECEMBER 2007. 4A. ELIGIBLE LIST ESTABLISHED DATE ESTABLISHED EXAM NO. Administrative Management Analyst 10/9/2007 207-47 Administrative Technician Il 12/19/2007 207-71 Assistant City Attorney Il 12/19/2007 207-74PR Crime Analyst (Admin Tech III) 12/13/2007 207-64 Development Manager 12/4/2007 207-57 Distribution Engineer 12/5/2007 207-65 Division Chief 10/3/2007 207-16PR Electrical Engineer 11/27/2007 207-41R Electrical Mtce Technician 12/13/2007 207-62 Executive Assistant 10/30/2007 207-49 Housing Authority Mtce Team Leader 12/18/2007 207-73PR Intermediate Clerk 10/23/2007 207-50 Jailer 12/3/2007 207-56 Police Officer (Lateral) 11/10/2007 207-53 Senior Electrical Engineer 11/13/2007 207-10PR Utility Analyst/Asst Utility Analyst 12/11/2007 207-63 4B. ELIGIBLE LIST EXTENDED DATE ESTABLISHED EXAM NO. CATV Network Engineer 5/24/2007 207-22",CivilServiceBoard/2008-01-09.pdf CivilServiceBoard,2008-01-09,2,"City of Alameda Page 2 Civil Service Board Agenda Regular Meeting of January 9, 2008 Construction Inspector & Survey Supervisor 6/9/2006 206-22PR Customer Service Representative 7/20/2006 206-09 Firefighter 7/2/2007 207-37 Maintenance Worker I 7/25/2007 207-26 Planner I 7/18/2006 206-38 Program Spec I/II (Integrated Waste Mgmt Prog) 1/25/2007 206-63 Transportation Coordinator 1/5/2007 206-71 4C. ELIGIBLE LIST EXPIREDICANCELLEDI DATE ESTABLISHED EXAM NO. EXHAUSTED Assistant City Attorney I/II 5/17/2006 206-16 Admin Mgmt Analyst (Human Resources Analyst) 7/31/2007 207-43 Information Technology Manager 8/5/2007 207-40PR System Dispatcher 6/20/2007 207-25 5. REGULAR AGENDA ITEMS 5-A Activity Report - Period of December 1, 2007 - February 31, 2008 Board President Michael Rich asked whether or not there had been any non-voluntary separations. Executive Secretary Willis stated that there had not been any. 5-B Article VII. Eligible Lists Chris Low shared that Human Resources staff met regarding continuous eligible lists. A decision was made based on a suggestion from the Civil Service Board. He explained that one eligible list will be used, and based on test scores candidate names will be merged onto this list. Subsequent names will be added as continuous testing occurs. Board Member Peeler asked when the list would expire. Chris Low explained that names would be placed on the eligible list for six months and would then be extended individually if the candidate was still being considered after the initial six month period. Board President Rich asked how many times someone could be extended. Jill Kovacs explained that a name can be certified for up to two years in six month increments. Chris Low also shared that the Police Department is currently two candidates away from being fully staffed, but that there are seven or eight more retirements expected within the coming year. Board President Rich asked whether Section 4 of the Civil Service Rules would need to be amended. He stated that Section 1 would need to be changed as well. Chris Low handed out Sections 7 and 8 of the Rules which contained new wording. Executive Secretary Willis stated that currently the Police Officer- Recruit list is certified to Part-Time while they are attending the Police Academy but that the City would like to be able to certify the names directly to Full-Time. She explained that in order for the Board to consider this change it would need to be noticed on the Agenda and copied to the Bargaining Units. Board President Rich stated that a list of positions that are hard to fill had previously been given to the Board and he questioned whether or not Fire Fighter was on that list. Executive Secretary Willis stated that Firefighter-Paramedio is considered hard to fill but that Firefighter-EMT is not. She also stated that Firefighter-Paramedic is currently listed under Positions which Require Certifications in the Rules. Board Member Rocha moved to accept Article VII, Eligible Lists with the revised wording, Member Horikoshi seconded and carried by a 5-0 vote. 5-C Rules Review- Language",CivilServiceBoard/2008-01-09.pdf CivilServiceBoard,2008-01-09,3,"City of Alameda Page 3 Civil Service Board Agenda Regular Meeting of January 9, 2008 Executive Secretary Willis stated that, at the last Civil Service Board meeting, Mr. Alan Elnick presented the Board with a letter regarding non Civil Service Employees in ACEA who have the right to a hearing with the Civil Service Board for disciplinary issues with more than 30 days suspension. Board President Rich asked why Affirmative Action was scratched out in Article 1, Section 2. Executive Secretary Willis stated that she had not had a chance to ask the City Attorney about this. Board Member Horikoshi stated that ""sex"" should be changed to ""gender"". Executive Secretary Willis distributed a ""track-changes"" version of the Rules to the Board. Board Member Horikoshi requested that page numbers be added, and Executive Secretary Willis stated that staff was working on it. 6. ORAL COMMUNICATIONS, NON-AGENDA (PUBLIC COMMENT) (None) 7. CIVIL SERVICE BOARD COMMUNICATIONS (COMMUNICATIONS FROM BOARD) (None) 8. CIVIL SERVICE BOARD COMMUNICATIONS (COMMUNICATIONS FROM STAFF) (None) 9. There being no further business to come before the Board, the meeting was adjourned at 5:38 p.m. Respectfully submitted, Karen Willis Human Resources Director & Executive Secretary to the Civil Service Board",CivilServiceBoard/2008-01-09.pdf LibraryBoard,2008-01-09,1,"CITY of of TERKA RATED Minutes of the ALAMEDA FREE LIBRARY BOARD MEETING January 9, 2008 The regular meeting of the Alameda Free Library Board was called to order at 7:03 p.m. ROLL CALL Present: Leslie Krongold, President Karen Butter, Vice President Ruth Belikove, Board Member Alan Mitchell, Board Member Mike Hartigan, Board Member Staff: Jane Chisaki, Library Director Marsha Merrick, Recording Secretary CONSENT CALENDAR An asterisk indicates items so enacted and adopted on the Consent Calendar. A. *Report from Library Director highlighting Library Department activities for the months of December 2007 and January 2008. Accepted. B. *Draft Minutes of the Regular Library Board meeting of November 14, 2007, and revised minutes from the Library Board meeting of September 12, 2007. Approved. C. *Library Services Report for the months of October and November 2007. Accepted. D. *Report from Finance Department reflecting FY 2007-08 Library expenditures (by fund) through December 2007. Accepted. E. Bills for ratification for the months of November and December 2007. Approved. Member Mitchell inquired about the new bi-lingual storytimes. Director Chisaki said that there will be Russian and Japanese storytimes starting soon that will be led by volunteers. President Krongold asked what the meaning is of ""one-on-one"" meetings with SunCal, the Alameda Point developer. Director Chisaki explained these meetings would be held between the developer and each group with an interest. The next large public meeting is scheduled for January 30th Member Butter described for the board how the previous public meeting on December 13th had gone.",LibraryBoard/2008-01-09.pdf LibraryBoard,2008-01-09,2,"Page 2 of 5 Minutes of the Alameda Free Library Board Meeting January 9, 2008 Director Chisaki described how the ""Paws to Read"" program works, which will be coming to the Library once a week for a three-month period, starting at the end of January. Vice President Butter pointed out that the November Library Services Report reflected the new Main being open a full year now, and mentioned the declining door count at the West End branch. Director Chisaki said they were still holding their own at this point. President Krongold asked for a motion to accept the Consent Calendar as presented. Member Mitchell so moved; Vice President Butter seconded the motion which carried by a 5-0 vote. ORAL COMMUNICATIONS. NON-AGENDA (Public Comment) Audience member Marc Lambert wondered what the status of the Schrader estate was. Director Chisaki speculated the total payout would be around $200,000, but was far from being settled, so there was no news to share. Audience member Li Volin was concerned that the public comment section of the meeting had been moved up on the agenda. She indicated it might not give the public a chance to comment on something that could transpire later on in the meeting. Vice President Butter indicated that she had asked for the agenda change, but would be in favor of hearing what the public had to say even after their designated opportunity had passed. At this point, Director Chisaki asked President Krongold if the Board would consider going out of order on the agenda, skipping down to NEW BUSINESS, Item B. Community Reads Presentation by Supervising Librarian, Annemarie Meyer. President Krongold agreed to the change, and Ms. Meyer proceeded to speak about the program and events surrounding it. There will be book discussions and movie programs for families. 150 copies of each book, Bee Season for adults, and The View from Saturday for children, have arrived and are being processed right now. Informational bookmarks are being produced that will list all the events planned surrounding the program that runs from March 7 through April 18. Marc Lambert indicated his confusion on what the actual name of the program was as he had heard it referred to in several different forms. The name is ""Across the Pages, an Alameda Community Reads"", and the Library will endeavor to be more consistent when making program references. Per a previous request by President Krongold, Ms. Meyer shared stats on the library's e-mail newsletter. Between bounce-backs and new sign-ups, they seem to about even themselves out with an audience of around 200 each month. Member Belikove requested that two members of the Art Exhibit Committee, Peggie Williams and Gwen Pirack, be added to the list to receive the newsletter. Recording Secretary Merrick will pass their e-mail addresses to Ms. Meyer for inclusion in upcoming issues.",LibraryBoard/2008-01-09.pdf LibraryBoard,2008-01-09,3,"Page 3 of 5 Minutes of the Alameda Free Library Board Meeting January 9, 2008 UNFINISHED BUSINESS A. Status of Consultant Contract for Strategic Planning & Branch Improvements (J. Chisaki) Director Chisaki advised the Board that the consultant contract had been approved by the City Council at their December 18, 2007 regular meeting. There were three proposed dates for an initial meeting with the consultants, Ruth Metz and Kathy Page: Friday, January 25, Wednesday, January 30 or Tuesday, January 29 - these in order of the consultant's preference. This initial meeting would be a combination of staff and support group members, and a member of the Library Board. Member Hartigan volunteered to be the Board liaison, and Director Chisaki will inform Member Hartigan once a date for the initial meeting has been finalized. NEW BUSINESS A. Discussion of Future Library Service at Alameda Point (J. Chisaki) This item had been carried forward from the December agenda when a quorum had failed to be reached for that meeting. Honora Murphy will coordinate with Doug Linney and Development Services on getting the ""one-on-one"" meeting with SunCal. Director Chisaki will touch base with Ms. Murphy later on to see how this is progressing. B. Community Reads Presentation (A. Meyer) This item was moved up and is described above under Oral Communications. C. Regina K. Stafford Room Dedication (J. Chisaki) Director Chisaki inquired if the Board knew of any family members of Regina K. Stafford that could be present at the room dedication. Member Mitchell did not think there was any remaining. Alternatives for the room dedication were discussed, including having it in conjunction with one of the ""Across the Pages, an Alameda Community Reads"" event that would be taking place in the Regina K. Stafford Community Meeting Rooms. The Board was thoroughly in favor of this option. D. Art Exhibit Committee (R. Belikove) Member Belikove shared a proposal that had been prepared for presentation to the Foundation in order to secure funding for art mounting hardware and installation. Besides the wall hangings, there were proposed rolling panels that could be brought out for displays as well. The Board discussed the proposal at length, and advised the purchase of the wall hanging materials first, with the rolling panels coming in later.",LibraryBoard/2008-01-09.pdf LibraryBoard,2008-01-09,4,"Page 4 of 5 Minutes of the Alameda Free Library Board Meeting January 9, 2008 Member Belikove indicated that one committee member had withdrawn because they were unable to make the regular meeting day, so they were looking for someone to replace them. Director Chisaki pointed out that the committee was already bigger than the Board had originally planned, so did not think a replacement was necessary. The first display is planned for the middle of March, and will be put together by Alameda Art Association President, Carol Burnett. E. Alameda Free Library Foundation (A. Mitchell) There was no December meeting; the next meeting is scheduled for January 14. F. Friends of the Alameda Free Library (M. Lambert) There was no December meeting; the next meeting is scheduled for January 14. Marc Lambert reported that Dewey's Friends Café netted $9,300 in 2007, and they were very pleased with this result. The Friends' Book Sale Task Force had been visiting other libraries to get ideas, and had put together a preliminary report on their findings. At the next meeting they will put together an action plan on how to proceed and implement the new ideas. G. Patron suggestions/comments (Speak-Outs) and Library Director's response. There were no new speak-outs this month. LIBRARY BOARD COMMUNICATIONS Vice President Butter spoke on the sorry state of the collections in the branch libraries, with nothing new hitting the shelves. Director Chisaki responded that quite a lot of weeding had been going on, and new selections are being added on a continuous basis; they are just harder to find in the branches cluttered environment. Butter went on to ask about the reserve policy, which Director Chisaki advised had always been in effect (52 free holds per year), and that only a couple of people ever exceeded this limit. It's possible that a charge will be incurred for people who do not pick up their holds; this is still under discussion. The Board came up with an idea to expand the hold notification e-mail sent to a patron to say that if the book is no longer needed, to please call the Library and advise them, therefore freeing up the book for someone else. Member Hartigan asked for the status of the LEED accreditation. Certification paperwork had finally been submitted at the beginning of the week. It took a year because the building commissioning had just been completed in November. There were several items that had to be fixed by the contractors, such as the chiller malfunctioning, and the front doors swinging open; all this causing delays. The application had been submitted for silver status.",LibraryBoard/2008-01-09.pdf LibraryBoard,2008-01-09,5,"Page 5 of 5 Minutes of the Alameda Free Library Board Meeting January 9, 2008 DIRECTOR'S COMMENTS Because of the revised hours and the Library closing at 8:00, Director Chisaki queried the Board for thoughts on either changing the start time of the meeting, or moving it downstairs in order to accommodate public access to the meeting, which is a requirement under the Brown Act. Because some members would be unable to make an earlier starting time, a decision was made to try the meeting downstairs in February and see how it goes. Pacific Fine Foods, located on Alameda Point, is the caterer for Dewey's Friends Café expanded menu of salads and sandwiches, and they are already very popular selections. Day in the District is coming up on Friday, January 25. Don Perata's office will be open for drop-in appointments between 1:00-4:00 p.m.; no word has been received yet on when Sandre Swanson's office will be open for visitors. ADJOURNMENT President Krongold called for a motion to adjourn at 9:02 p.m. Vice President Butter so moved; Member Mitchell seconded the motion which carried by a 5-0 vote. Respectfully submitted, Jane Chisaki Library Director and Secretary to the Library Board This meeting's agenda was posted 72 hours in advance in accordance with the Brown Act.",LibraryBoard/2008-01-09.pdf PublicArtCommission,2008-01-09,1,"DRAFT Minutes of the Regular Public Art Commission Meeting Wednesday, January 9, 2008 Conference Room 360, City Hall CONVENE: 7:05 p.m. 1. ROLL CALL: Chair Huston, Vice-Chair Lee, and Commissioner Wolfe Commissioner Rosenberg arrived at 7:12 STAFF PRESENT: Jon Biggs, Planning Services Manager; Tony Ebster, Recording Secretary MINUTES: None 2. ORAL COMMUNICATION None 3. REGULAR AGENDA: 3-A. Discussion of request to City Council Mr. Jeff Cambra thanked the commission for all the work they have done. He said that Arts Alameda is prepared to draft the public arts grants program criteria, but wanted to give everyone a chance to express their opinions. Ms. Huston thanked Mr. Cambra for his comments. She then read her letter to City Council. Ms. Lee read her letter to City Council. Her concerns are ""mission creep"", they are being asked to manage a different program. She feels they are not qualified to give out grants and she is uncomfortable giving money to friends and neighbors and is concerned with conflict of interest. They are not in a position to put in extra time; they are an advisory committee, not a research and grant generating committee. They are not clear on their mission. Ms. Huston added that since the grants issue came up, she became more alert to conflicts. She referenced the September minutes and that they are supposed to come up with ideas and give them to the planning department. She never intended to work under management of the planning department without pay and grew uncomfortable as materials arrived that increasingly pressured her to answer to the planning department. She mentioned the draft of a subcommittee report that was prevented from being presented to the Commission. She feels that a lot of their work has been subverted. They had reservations regarding the grants program and managing the creation of a new program in which planning controls. Mr. Biggs asked about the agenda topic to clarify how the letters related. Ms. Huston responded by saying that the letters are requests to City Council and refers to the commission having little understanding of their authority. She asked if it was appropriate to do the grants program. She counted on the planning department when they asked if it was appropriate and when Ms. Woodbury said they must, she was acting in her role as advisor to the commission. Ms. Huston feels that Ms. Woodbury was exerting a personal desire or a",PublicArtCommission/2008-01-09.pdf PublicArtCommission,2008-01-09,2,"departmental imperative, something that was important to her. It prevented the commission from engaging in the appropriate discussion, which is this appropriate for this commission, is the money appropriate based on the ordinance they are serving. Ms. Rosenberg said that if the answer is no and it doesn't follow the guidelines, then it is up to City Council to create a proper grants committee or a set of guidelines. She said that they need guidance from Council to assure that there is enough direction. Mr. Wolfe stated that the mission of the commission is to advise City Council. He moved that their understanding of their mission is that the grants authoring is outside the scope of the public art commission. Ms. Huston added that the use of the PAC funds for grants is in violation of the ordinance. She restated the movement that the Cultural Arts Grants are outside the scope of the Commission and that the use of the funds for these grants is in violation of the uses outlined by the ordinance. Ms. Rosenberg seconded the motion. All were in favor. Ms. Rosenberg said that they would like to continue as an advisory commission and suggested that the City create a separate grants commission. Ms. Huston replied by saying that She would have been willing to pursue the concern of the grants had there not been such a confusion of authority between the commission and staff. If there was a desire to craft a program, they would have been willing to do it. Ms. Rosenberg said that they are there to serve the public and feels that it dishonors what a public commission does and feels that it disrespects their time. Ms. Huston thinks the big issue was not being able to bring a draft to the commission, to be prevented from doing that made it clear that it wasn't their project. Ms. Lee wanted to remind everyone that the commission is there for public art, art in public places, not art for the public. Ms. Huston brought up another topic, which was the public art project. She feels that it isn't thriving. She is confused about their role and feels that it places them between the planning department and City Council. If they don't get applications, they have no business. In four and a half years, they have only had five applicants. Two walked away never to be heard from again. They are finding a way around the commission. The commission has no control over what comes to their table. She wanted Council to know that something is not working. She is concerned with the low number of applicants. She also mentioned Bridgeside. Mr. Wolfe mentioned the developments such as the rental complex on the west end. He was concerned that they have never heard from the applicant. Ms. Huston mentioned the list she requested and how the commission never heard from three of the applicants. They are publicly stating that they have no control. Mr. Wolfe feels that it is up to the planning department to track the permits and make sure they are fulfilling their requirements. 2",PublicArtCommission/2008-01-09.pdf PublicArtCommission,2008-01-09,3,"Mr. Biggs clarified that most projects are operating under a temporary certificate of occupancy and must fulfill all conditions of approval to obtain their final certificate. Mr. Wolfe mentioned South Shore and commended them for being forthcoming in terms of providing art but they still don't see any recognition of it being public art. There are no medallions or plaques, therefore they are not in compliance. Mr. Biggs recognized that the commission brought up the topic that some projects have not fulfilled their art requirements but wasn't exactly sure which ones they were. Ms. Huston replied by saying that if they have asked the planning department, Mayor and City Council, then at some point it isn't the commission's responsibility anymore. Mr. Wolfe said that if developers don't get the final certificate of occupancy in a timely manner, the banks don't like it very much; they have a financial obligation to comply. Ms. Huston wants to get everything argumentative off the table and feels that this issue has been a thorn in the side of the Commission. She feels that they don't have the resources to respond. Mr. Wolfe recognized the rotation of staff in the planning department. He feels that there is a loss of information. Ms. Huston wanted to publicly declare that the commission is not responsible for who applies and their job is limited to creating guidelines, receiving, reviewing, accepting, and/or rejecting the applications. Everything else is someone else's responsibility. She feels that there is an impression that the commission is falling down on the job and isn't sure what else to do. Ms. Lee brought up the problem of supervising to make sure projects don't fall through the cracks and wondered who's job it was to make sure it doesn't happen. Mr. Biggs replied by saying that it is the job of the planning department. He understands from background discussions that Bridgeside is operating under a temporary certificate of occupancy. He mentioned the resolution approved by the commission and thought that was where the discrepancy in the documentation had occurred. He suggested that the commission provide some history on the discussions of Bridgeside. 3-B. Review of Public Art at Bridgeside Commercial Development Ms. Rosenberg recalled that there was supposed to be a stage setting, which was an auditorium-like setup where the landscape would come in, in a way that was concave not convex. She feels that the space is not appropriate to be a theater site. The physicality is not correct and feels that it is completely underused due to the landscaping. Also, the programming is not sufficient and that there is a lack of notification of the programming. Ms. Lee mentioned the evaluation that was supposed to be done which had not been submitted. Ms. Huston had the programming in her hand and said that it is not sufficient. She mentioned two aspects of the property. One, which was approved by the commission, was to build an amphitheater in a public setting but the result was not an amphitheater. It was also supposed to 3",PublicArtCommission/2008-01-09.pdf PublicArtCommission,2008-01-09,4,"be wired for sound and lighting as well as landscaped to provide seating for audiences. She said that it is not an amphitheater and does not allow for proper seating of audience. The programming was also not sufficient. The applicant proposed four events per year and the commission said that was inadequate. She mentioned some of the suggestions from the commission and the resolution was accepted as amended, but they were never detailed. The request for the amended resolution was never provided. The second part was a requirement to put out a sign and there was supposed to be a property manager to allow access to the performance space. She called the number and was given a runaround. Not having the phone number is non-compliance. The number of performances, the diversity and the advertising are all inadequate. Ms. Rosenberg suggested that they re-look at the ordinance pertaining to performance spaces and how it's worded. Mr. Wolfe's recollection of the meeting was a discussion regarding the grading of the performance space. He asked if there are any as-built records of how it was built. Ms. Rosenberg said that however you look at it, it wasn't built to the specifications that the commission approved. Mr. Wolfe said that it may or may not be how it is supposed to be because there is no way to tell from the record. Ms. Huston said that the elevations on the drawings are different from what was actually built. She mentioned the stage and that its not a stage and is flush with the grass. Mr. Wolfe said that it is mounded in the center and is not graded according to the plans. Ms. Huston asked what they want to do about it. They have two choices. One is to make the applicant renegotiate their requirement, hash out a new project or force them to fulfill the existing project. Ms. Rosenberg thinks it is in the best interest to hash out a new project because there are other areas of the shopping center that would be much better for public events. Or they could provide some visual art. Ms. Huston mentioned that the property has a new owner. She welcomed Debra Owen. Ms. Debra Owen had some notes regarding what was agreed upon or expected and her recollection was that there was to be lighting, seating, and electricity. There were no public restrooms but the retailers would make accommodations. Her impression was that it would amenable to some literary arts programming. She says that it is not amenable to that type of programming. Her opinion is that what was expected was not fulfilled. Had the facilities been provided, they would have participated. It was also her understanding that the Bridgeside organization was going to participate in the marketing and advertising of the performances. She said in order for the Frank Bette Center to be interested in developing programming, there needs to be seating, lighting, electricity, and a sense of support and encouragement. Ms. Huston thanked Ms. Owen's for her comments. She asked her about interaction and when it failed. 4",PublicArtCommission/2008-01-09.pdf PublicArtCommission,2008-01-09,5,"Ms. Owen spoke with the property manager and asked if there was lighting and electricity. She was surprised by what it ended up being and decided to move on since it wasn't accommodating. She said that what is there doesn't motivate the Frank Bette Center to participate. Ms. Rosenberg asked if they did any advertising such as banners or newspaper ads. She said that despite the fact that Ms. Owen had no expectation, the commission did have expectations and they were not fulfilled. She said that after reviewing, she isn't sure that it can be what it is supposed to be and wants Bridgeside to come back and submit another project. Mr. Biggs responded by saying that it was his understanding that the amphitheater was constructed as approved. He also said that the tapes requested were not available. Ms. Huston said that the letter that was requested that the information be documented so they could have an enforceable contract. Mr. Biggs said that since it was all new to him, the information that was presented specifically the minutes doesn't talk about the specifics of the programming. Ms. Huston asked about the tapes from the meeting where the conditions were discussed. Mr. Biggs said that he was told that there were no tapes of the meetings. He had minutes from the two meetings where Bridgeside was discussed. Ms. Huston said that they are in non-compliance due to the fact that they failed on diversity, the phone number to call doesn't work, and it doesn't comply with their drawings. Ms. Lee said that this brings up a serious issue regarding taping the meetings. Ms. Rosenberg said that it is the responsibility of the commissioners to speak clearly into the microphones to get good recordings for proper documentation of meetings. Ms. Huston claimed that from the very moment that the application was approved and amended without the details, they were destined for this day. The commission knew that the planning department had approved an application that the commission had rejected. They have been chasing it down ever since and have been subverted at every turn. They were snowed, duped, and played. Ms. Rosenberg said that if there is nothing the commission can do there is no need to continue talking about it. But if there is some way to make them comply, it should be done. Mr. Biggs said that they could look for records providing proof that programming was provided. Staff has been in contact with Bridgeside to make sure that it has advertised that the amphitheater is available for performances. Mr. Wolfe said that because of what is out there, it is not useable as a performance space. Ms. Rosenberg said that it is asking them to do something they can't do. She asked what they can do. Mr. Biggs asked if the drawings were the same as the ones provided at the hearings. 5",PublicArtCommission/2008-01-09.pdf PublicArtCommission,2008-01-09,6,"Ms. Huston read the resolution PAC-06-02 for Bridgeside. If planning has not received the schedule, they are in non-compliance. Mr. Biggs said that it was relayed to him that they had not complied with the advertising condition as required. Mr. Wolfe pointed out that the sign was hidden out of view. Ms. Huston was ok with the sign. She moved to find them in non-compliance pending research to find out if the Planning Director has received the programming schedule and to find out if they can find them in non-compliance for the shape of the space. Ms. Rosenberg asked if they could suggest that they move their performance space closer to Nob Hill. She feels it is a much better site. Mr. Biggs stated that due to the process, they couldn't because of the channels that the project had to travel through. Ms. Rosenberg seconded Ms. Huston's motion to find Bridgeside in non-compliance. All were in favor. She would like to agendize the looking at the ordinance pertaining to performance spaces if they cannot properly enforce it. She feels that it is a weak spot in the ordinance. Ms. Huston welcomed Mr. Biggs as the new agenda maker and requested that there be an agenda item reviewing the viability of performance based art and spaces in the public art ordinance. Mr. Wolfe suggested amending the motion to change the wording regarding the shape of the space. He thinks it should address the ground form and grading. Ms. Huston suggested phrasing it very specifically. She would say that they have found the Bridgeside project in non-compliance on several points. One of them is a failure to fulfill the programming requirement both in number of performances, in submission of schedules, and in diversity of performances and advertising and that the physical space is incompatible both with the plans submitted and the use of the space. They would need further research to see if in fact the usability of the space in relation to lights, electricity, and audio equipment further create a non-compliance. They are ok with changing it if need be. Ms. Rosenberg said that they should have to go back and look at the space and make it viable for appropriate programming. Mr. Biggs said that if it is found to be that size or general grading, it wouldn't allow an opportunity to go back and have them rework the space. Ms. Lee remembered that Bridgeside wanted the process to happen quickly and acknowledged the commission's mistake in expediting their application. Mr. Biggs recommended that if during the initial hearing there are changes that need to be made, they don't approve the plans unless the applicant is there and notes the changes. 6",PublicArtCommission/2008-01-09.pdf PublicArtCommission,2008-01-09,7,"Ms. Huston said that it is the responsibility of staff to enforce the changes on applications. 5. STAFF COMMUNICATIONS: Mr. Jon Biggs introduced himself and said he looks forward to working with the commission. Ms. Huston said that over the last six months, there has been difficulty getting the agenda as requested and one of the things that are left off is commissioner comments and wants them put back on for every agenda. She also mentioned the wording of the items and wants them left as the commissioners named them. 6. ADJOURNMENT: The meeting adjourned at 8:20 pm. Respectfully submitted, TM CAN Jon Biggs, Secretary Public Art Commission 7",PublicArtCommission/2008-01-09.pdf