SF Arts Commission Accepts SFRPD Statements Without Question, Approves Removal of the Vaillancourt Fountain in 8-5 Vote

Written By Docomomo US/NOCA

San Francisco public art was not on the agenda at Monday’s hearing (agenda here, watch a recording here). Instead, the Arts Commission heard a narrative curated by the San Francisco Recreation & Park Department (SFRPD) based on their non-expert interpretation of an engineering report and a visual assessment by San Francisco Department of Building Inspection (SFDBI). This narrative relies on an unprecedented interpretation of the California Art Preservation Act (CAPA) and an unheard of application of a California Environmental Quality Act (CEQA) emergency project.

After Monday’s meeting was announced just 72-hours prior on Friday, Docomomo US/NOCA provided over 580 additional records to the Arts Commission, totaling over ten thousand pages. With only hours to review, it's unlikely that they were considered. These records—many of which were obtained directly from San Francisco agencies through public records requests—provide greater insight into the history of public space and detail the project sponsors’ concepts, discussions, and planning.

A view into the dry, but always dramatic, Vaillancourt Fountain.

Key evidence highlighted during the public comment period appeared to sway some commissioners who voted against the motion, but the motion in favor of removal ultimately carried 8-5. The majority of commissioners appeared to accept that the request to remove the Fountain was made in good faith by SFRPD.

However, Docomomo US/NOCA believes that statements found in Recreation and Planning department documents, including one referencing the “Mayor’s mandate for groundbreaking by Fall 2026” for the Embarcadero Plaza redevelopment project, and another two (1, 2) referencing discussions to “avoid an EIR [Environmental Impact Report]” by relocating the fountain, indicate that the city had already determined the fountain's fate irrespective of its legal obligations, preservation eligibility, or even the results of its own inspections. This is further supported by TCLF’s article “Mismanaged efforts to demolish the Vaillancourt Fountain take a new turn” that came out over the weekend.

The San Francisco Planning Department’s conclusion that the Vaillancourt Fountain is a protected historic resource was not mentioned by any city representative during the meeting, despite only being announced less than a week prior, on October 29.

We are grateful to the community members who continue to participate in this important discussion about public art and public spaces, including those who disagree on the basis of stylistic preference. It saddens us that project sponsors immediately celebrated the decision to remove public art, in stark contrast to the somber tone of the Commission.

As reported in an article from SFGate, RPD will be installing higher fencing around the fountain next week. Based on the unprecedented interpretation of the art preservation law, SFRPD estimates removal to begin in 90 days and last approximately two months.

Stay tuned, we will continue to keep you updated as we know more.

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SF Recreation and Parks formally requests expedited approval to remove the Vaillancourt Fountain