Article VIII — ARTS AND CULTURE DEPARTMENTS

Sec. 2A.150. Arts Commission; Functions, Powers and Duties.

Sec. 2A.150.1. Arts Commission; Additional Responsibilities.

Sec. 2A.155. Fine Arts Museums; Grounds.

Sec. 2A.155.1. Fine Arts Museums; Accounts and Reports.

Sec. 2A.155.2. Fine Arts Museums; Achenbach Gift.

Sec. 2A.155.3. Fine Arts Museums; Acceptance of Gifts, Devises and Bequests.

Sec. 2A.155.4. Fine Arts Museums; Sale, Exchange or Transfer of Works of Art.

Sec. 2A.155.5. Fine Arts Museums; Exchanges of Works of Art.

Sec. 2A.155.6. Fine Arts Museums; Public Auction.

Sec. 2A.155.7. Fine Arts Museums; Private Sale in Lieu of Auction.

Sec. 2A.155.8. Fine Arts Museums; Other Means of Sale.

Sec. 2A.155.9. Fine Arts Museums; Moneys Received for Sale of Works of Art.

Sec. 2A.155.10. Fine Arts Museums; Transfer of Works of Art.

Sec. 2A.155.11. Application to the Asian Art Commission.

Sec. 2A.155.12. Application to the San Francisco Airport Commission.

Sec. 2A.160. Academy of Sciences; Relationship with City and County.

Sec. 2A.160.1. Academy of Sciences; Memorial Buildings.

Sec. 2A.165. War Memorial; "Trustees" Defined.

Sec. 2A.165.1. War Memorial; Powers of Trustees Subject to Charter.

Sec. 2A.165.2. War Memorial; Jurisdiction.

Sec. 2A.165.3. War Memorial; Acceptance of Gifts, etc.; Special Fund.

Sec. 2A.165.4. Purchases of Materials and Supplies.

No work of art shall be contracted for or placed or erected on property of the City and County or become the property of the City and County by purchase, gift or otherwise, except for any museum or art gallery, unless such work of art, or a design or model of the same as required by the Arts Commission, together with the proposed location of such work of art, shall first have been submitted to and approved by the Commission. The term "work of art" as used in this Section shall comprise paintings, mural decorations, stained glass, statues, bas reliefs or other sculptures; monuments, fountains, arches or other structures of a permanent or temporary character intended for ornament or commemoration. No existing work of art in the possession of the City and County shall be removed, relocated or altered in any way without the approval of the Commission, except as otherwise provided herein. The Commission shall have similar powers with respect to the design of buildings, bridges, viaducts, elevated ways, approaches, gates, fences, lamps or other structures erected or to be erected upon land belonging to the City and County, and concerning arches, bridges, structures and approaches which are the property of any corporation or private individual and which shall extend over or upon any street, avenue, highway, park or public place belonging to the City and County. Said Commission shall so act and its approval shall be required for every such structure which shall hereafter be erected or contracted for, and may advise in respect to lines, grades and platting of public ways and grounds.

Nothing herein contained shall be construed to limit or abridge the legal powers of the governing boards of the War Memorial, the Fine Arts Museums or the Asian Art Museum.

The Commission shall supervise and control the expenditure of all appropriations made by the Board of Supervisors for music and the advancement of art or music.

The Commission shall exercise all reasonable supervision of policy connected with the arts as may hereafter be assigned to it by ordinance or executive action.

The Commission shall decide upon any expenditure of less than $1,000 within 15 days after submission, and upon any other matter within 30 days after submission. If it fails so to do, its decision shall be considered unnecessary.

The Commission may volunteer advice or suggestion to the owners of private property in relation to the beautification of the same; and any person contemplating to erect any building or make any improvement may submit the plans and designs or sketches thereof to the Commission for advice and suggestions, for which no charge shall be made by the Commission.

(Added by Ord. 352-96, App. 9/11/96)

(a) Cataloging, Care and Maintenance of Public Art Media. Consistent with Charter Section 5.103, the cataloging, care and maintenance of all sculptures, statues, murals, paintings and other art media belonging to the City and County of San Francisco, other than and excepting those located on properties under the jurisdiction and control of the San Francisco Unified School District, the charitable trust departments under Section 5.101 of the Charter, or the California Academy of Sciences, shall be under the jurisdiction of the Arts Commission.

(b) Authorization for Sale of Works of Art. When the Arts Commission determines that it would be advantageous to the City and County, a work of art under the jurisdiction of the Arts Commission may be sold or exchanged as hereinafter set forth.

The Arts Commission may execute and accept all deeds of conveyance necessary and proper to effect a duly authorized sale or exchange. A work of art to be sold or exchanged shall be cataloged, listed and described with reasonable certainty and a copy of such catalog shall be furnished to the Purchaser.

(c) Exchange of Works of Art. The Arts Commission may exchange a work of art on such terms as the Arts Commission, by a 2/3 vote of the members of the Arts Commission, determines appropriate; provided that any exchange is subject to the approval of the Purchaser.

(d) Public Auction. A work of art under the jurisdiction of the Arts Commission may be sold at public auction to the highest and best bidder and the Arts Commission may contract with a licensed auctioneer for the purpose of conducting the sale or sales. The contract shall specify the compensation to be paid for the auctioneer's services and set forth the terms and conditions under which the sale or sales are to be conducted. Each such contract shall be approved by the Purchaser.

(e) Sale at Other Than Public Auction. A work of art under the jurisdiction of the Arts Commission may be sold by private sale under the following circumstances:

(1) If the work is offered at public auction and no bids are received, or if the bids are rejected; or

(2) If the Arts Commission determines, by a 2/3 vote of the members of the Arts Commission, that the work may be sold on terms more advantageous to the City and County if sold through private sale. Any contract for the private sale of a work of art is subject to the approval of the Purchaser. A work of art on which bids have been rejected shall not thereafter be sold through private sale for less than the amount of the highest bid received.

(f) Reproductions or Adaptations. The Arts Commission may license the making of reproductions or adaptations of works of art under its jurisdiction.

(g) Disposition of Proceeds from the Sale or Exchange of a Work of Art or of a Reproduction or Adaptation Thereof. All moneys received from the sale of a work of art under the jurisdiction of the Arts Commission, or from the licensing of the making of a reproduction or adaptation thereof, shall be placed in the Arts Commission Public Arts Fund as provided for in Section 10.100-30 of the Administrative Code. The monies in this fund attributable to the sale or exchange of a work of art shall be used exclusively for the purpose of acquiring or maintaining one or more other works of art.

(h) Traveling Exhibitions. The Arts Commission may charge a fee of up to $30,000 for organizing, producing, and sponsoring traveling art exhibitions for display at museums, cultural, and educational institutions. The Director of Cultural Affairs may determine the amount of the fee based

on the size and value of the exhibition, the type of artwork in the exhibition, and any other factors the Director of Cultural Affairs deems appropriate in determining the amount of the fee. The loaning institution shall pay the fee within 30 days from the date of the Arts Commission invoice. The fee shall be distributed into the Arts Commission Public Arts Fund as provided for in Section 10.100-30 of the Administrative Code. The monies in this fund attributable to the traveling exhibition program shall be used to defray the costs incurred by the Arts Commission associated with the program and to support costs for Arts Commission gallery exhibitions. The Director of Cultural Affairs may establish such procedures as he or she deems appropriate to facilitate the traveling exhibition program.

Beginning with fiscal year 2019-2020, the Controller may, no later than May 15 of each year, adjust the maximum fee amount set forth in this subsection (h), without further action by the Board of Supervisors, to ensure that the Arts Commission recovers the costs incurred in organizing, producing, and sponsoring traveling art exhibitions and based on the fair market value of such services. The adjusted fee shall become operative on July 1 of that same year.

(Amended by Ord. 416-82, App. 8/20/82; Ord. 24-00, File No. 992319, App. 2/25/2000; Ord. 167-14, File No. 140623, App. 7/31/2014, Eff. 8/30/2014; Ord. 229-18, File No. 180755, App. 10/5/2018, Eff. 11/5/2018)

The Recreation and Park Department shall maintain and care for the grounds of the Museums, and shall furnish the monies for the necessary repair and embellishment of the grounds and unoccupied parts.

(Added by Ord. 352-96, App. 9/11/96)

The Fine Arts Museums shall keep a full account of all property, money, receipts and expenditures, and a record of all Board of Trustees proceedings.

(Added by Ord. 352-96, App. 9/11/96; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

The City and County accepts from Moore S. and Hazel J. Achenbach the gift of a collection of etchings, engravings, lithographs and other forms of graphic art and drawings, consisting of approximately 75,000 works of art. Such collection shall be placed in suitable quarters in the buildings maintained by the California Palace of the Legion of Honor and shall remain in the custody, management, supervision and operation of and by the California Palace of the Legion of Honor. Portions of the collection shall be on exhibition for the inspection of the public during all times that the main building of the California Palace of the Legion of Honor is open.

In accepting the gift, provision will be made for the California Palace of the Legion of Honor to engage a curator and assistant curators for the collection, subject to the conditions herein elsewhere set forth, who shall be persons experienced in the collection and exhibition of graphic arts. They need not be residents of City and County, nor be subject to the civil service provisions of the Charter of the City and County. Their duty shall be to supervise the maintenance of the collection and designate the times when and the portions thereof to be placed on exhibition. Such other assistant curators shall be provided by the California Palace of the Legion of Honor for the proper maintenance, management, supervision, operation and storage of the collection.

In the event that the California Palace of the Legion of Honor should at any time fail to carry out the intent and conditions under which the gift is made, the objects of art shall revert to and become the property of the donors or the survivor, or in the event of their death, of such corporation, association or individual as the donors may designate, either in their joint wills or in the will of the survivor as between them, or in a joint declaration of trust that may be made during the lifetime of the donors, or in a declaration of trust that may be made by the survivor as between the donors. For the purposes of carrying out the intent of this Section, the Mayor is hereby authorized to enter into a contract with Moore S. and Hazel J. Achenbach and execute any and all other papers or documents required for its accomplishment.

The collection shall be known and referred to at all times as the Achenbach Foundation For Graphic Arts.

The provisions of this Section shall be subject to the budget and fiscal provisions of the Charter of the City and County.

(Res. No. 10629 (1939); amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

The Board of Trustees of the Fine Arts Museums of San Francisco is hereby authorized to accept gifts, devises and bequests of objects of art or other articles to the M. H. de Young Memorial Museum, the California Palace of the Legion of Honor or the Fine Arts Museums solely for exhibition purposes when the acceptance of the same entails no expense on the part of the board beyond the ordinary care and maintenance of such objects of art or other articles.

All gifts, devises and bequests of objects of art or other articles heretofore made to the aforesaid museums which entail no expense beyond the ordinary care and maintenance thereof for exhibition purposes are hereby accepted for the purposes for which they have been given.

Nothing in this Section shall be considered to approve or ratify the acceptance in the past or in the future of any gift, devise or bequest made to the aforesaid museums, the administration of which gifts, devises or bequests entails any expense beyond the care and maintenance of the objects of such gifts, devises or bequests for exhibition purposes.

(Amended by Ord. 295-74, App. 6/12/74; Ord. 24-00, File No. 992319, App. 2/25/2000)

When, in the judgment of the Board of Trustees of the Fine Arts Museums of San Francisco, works of art or other articles in the possession of the museums are no longer fit for exhibition purposes in said museums, such works of art or other articles may be sold, exchanged or transferred as hereinafter set forth. Such works of art or other articles to be sold, exchanged or transferred shall be catalogued, listed and described with reasonable certainty.

(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 347-89, App. 10/4/89; Ord. 24-00, File No. 992319, App. 2/25/2000)

The Board of Trustees may exchange such works of art or other articles for other works of art or other articles of equivalent value. The said Trustees may execute and accept all deeds of conveyance necessary and proper to effect such exchange.

(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 347-89, App. 10/4/89; Ord. 24-00, File No. 992319, App. 2/25/2000)

The said Trustees may cause said works of art or other articles to be sold at public auction to the highest and best bidder, and may contract with a licensed auctioneer for the purpose of conducting the sale or sales. The contract shall specify the compensation to be paid for the auctioneer's services and set forth the terms and conditions under which the sale or sales are to be conducted.

(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

Should no bids be received, or if bids are received and rejected as unsatisfactory, or if the high bid fails for reasons beyond the control of the trustees, the work of art or other article may thereafter be sold by private sale by the Trustees; provided, that works of art or other articles on which bids have been rejected shall not thereafter be sold for amounts less than the amount the Trustees would have realized on the highest responsible bid.

(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

The Trustees may sell works of art or other articles through the museum's store, at a fundraising event, or a similar publicly-accessible venue when the Trustees determine, based upon reasonable independent information, that such sale is likely to realize a market value greater than what is expected at public auction.

(Added by Ord. 24-00, File No. 992319, App. 2/25/2000)

All moneys received from the sale of any work of art or other article sold pursuant to the provisions of this Article shall be placed in the trust fund of the Fine Arts Museums of San Francisco. Deposits in said trust fund shall be under the jurisdiction of the Board of Trustees. Said deposits in said trust fund shall be used for the purchase of other works of art and other articles to be exhibited in the Fine Arts Museums of San Francisco.

(Added by Ord. 144-64, App. 5/27/64; amended by Ord. 347-89, App. 10/4/89; Ord. 24-00, File No. 992319, App. 2/25/2000)

(a) The collections of the Fine Arts Museums of San Francisco contain certain objects which are no longer appropriate to the collections. Many such objects are of scientific, social, cultural or historic value, but of little monetary value and therefore not appropriate for sale or exchange. The Board of Trustees nonetheless has a duty of care towards these objects and must expend funds for the storage and conservation of the items. It is in the interest of the City and County of San Francisco that these objects, under appropriate circumstances, be transferred to other public and nonprofit institutions for preservation, study and display, thereby relieving the City of the responsibility and expense of storing and preserving these objects.

(b) The Board of Trustees may transfer title to a work of art or other article in the Fine Arts Museums' collections to another public or nonprofit institution when the transfer is in the public interest. A transfer to another institution is deemed to be in the public interest where the Board of Trustees makes the following findings:

(1) The object is no longer appropriate to the Fine Arts Museums' collections; and

(2) The scientific, social, cultural and/or historical value of the object outweighs its monetary value; and

(3) The object is more likely to be preserved, studied and available to the public if it is transferred to the recipient institution than if it remains with the Fine Arts Museums of San Francisco or is sold.

(c) Where it is found to be in the public interest to transfer any object which is of historical or other interest to San Francisco, the object will first be offered to a San Francisco public or nonprofit institution.

(d) No work of art or other article in the Fine Arts Museums' collections may be transferred to another institution unless the transfer is approved by a majority of the members of the Board of Trustees. The Trustees may execute all deeds of conveyance necessary and proper to effect such transfer.

(Added by Ord. 347-89, App. 10/4/89; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

The powers and duties set forth in Sections 2A.155.4 through 2A.155.10 authorizing the Board of Trustees of the Fine Arts Museums to sell, exchange or transfer works of art or other articles shall also be applicable to the Asian Art Museum with respect to works of art or other articles in its possession. Funds from the sale of objects in the Asian Art Museum's possession shall be placed in the general art acquisition fund of the Asian Art Museum and shall be under the jurisdiction of the Asian Art Commission.

(Added by Ord. 291-98, App. 9/30/98; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

The powers and duties set forth in Sections 2A.155.4 through 2A.155.10 authorizing the Board of Trustees of the Fine Arts Museums to sell, exchange or transfer works of art or other articles shall also be applicable to the San Francisco Airport Commission with respect to objects in its possession. Funds from the sale of objects in the Airport Museum's possession shall be placed in the Airport Museum's trust fund within the Airport Revenue Fund and shall be under the jurisdiction of the Airport Commission. Nothing in this Section is intended to limit or abridge the Arts Commission's authority with respect to works of art as set forth in Charter Section 5.103 and Administrative Code Section 2A.150.

(Added by Ord. 291-98, App. 9/30/98; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

In addition to all other approvals required by law, plans for all proposed buildings and improvements of the California Academy of Sciences including any additions, must be approved by the Recreation and Park Commission and the Arts Commission. The Recreation and Park Commission is hereby authorized, subject to approval by the Board of Supervisors by ordinance, and subject to the provisions of Section 4.113 of the Charter, to set apart from time to time such portions of property under its control, as may be required for such buildings and improvements, sufficient grounds being allotted to secure the safety of the same from fire.

The erection of buildings or additions to buildings shall not be started by the California Academy of Sciences until it shall have submitted a statement satisfactory to the Recreation and Park Commission of its ability to finance the proposed work to completion. The Board of Supervisors shall, by ordinance, prescribe the insurance to be furnished by the California Academy of Sciences to save the City and County harmless from claims for damages to persons or property arising from the construction or use of any of said buildings. Reasonable and appropriate charges may be made by the California Academy of Sciences for admission to or use of the Alexander F. Morrison Planetarium and Auditorium.

(Added by Ord. 352-96, App. 9/11/96; amended by Ord. 132-99, File No. 990583, App. 5/28/99)

Particular buildings or improvements or portions thereof may be named in memory of persons designated by the California Academy of Sciences.

(Added by Ord. 352-96, App. 9/11/96; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

As used in Sections 2A.165.1 through 2A.165.3, the word "Trustees" shall mean the Board of Trustees of the War Memorial and Performing Arts Center of the City and County.

(Amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

The Board of Trustees of the War Memorial and Performing Arts Center, in exercising the powers granted to it under Article V of the Charter, relative to the construction, administration, management, superintendence and operation of the War Memorial and Performing Arts Center of the City and County, shall do so subject to the provisions of this Chapter.

(Ord. No. 8931 (N.S.), Sec. 1; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

(a) The Trustees shall have jurisdiction over the buildings and grounds of the War Memorial Opera House and War Memorial Veterans Building on the real property located in the City and County bounded by Van Ness Avenue, Grove, Franklin and McAllister Streets.

(b) The Trustees shall also have jurisdiction over the Louise M. Davies Symphony Hall and Harold L. Zellerbach Rehearsal Hall, including all of the buildings and grounds on the real property bounded by Van Ness Avenue and Hayes, Franklin and Grove Streets.

(Amended by Ord. 302-80, App. 6/27/80; Ord. 24-00, File No. 992319, App. 2/25/2000)

No gifts, devises or bequests, other than unconditional gifts, devises and bequests of cash, shall be accepted by the City and County for the War Memorial and Performing Arts Center without the consent of a majority of the Trustees. Any gifts, devises or bequests received by the Trustees on behalf of the City and County for any purposes connected with the War Memorial and Performing Arts Center, or incident thereto, shall be set aside in a special fund for the use and benefit of the War Memorial and Performing Arts Center.

(Ord. No. 8931 (N.S.), Sec. 4; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

Purchases of materials, supplies and equipment required by the Trustees shall be made in accordance with the provisions of this Code; provided, however, that specifications may be prepared under the direction of the Trustees for all equipment required by the Trustees and for material or supplies

peculiar to the War Memorial operations and not in common use in other departments of the City and County. The Trustees may designate the particular brand, kind or make of any equipment which may be necessary in the conduct of the War Memorial.

(Ord. No. 8931 (N.S.), Sec. 9; amended by Ord. 24-00, File No. 992319, App. 2/25/2000)

(Added by Ord. 92-02, File No. 020637, App. 6/14/2002; amended by Ord. 25-03, File No. 030039, App. 2/21/2003; Ord. 96-05, File No. 050643, App. 5/20/2005)

Editor's Note:

Former Sec. 2A.166 ("San Francisco Museum and Historical Society Advisory Committee") expired by operation of its sunset clause on 6/1/2006.