Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
YERBA BUENA CENTER FOR THE ARTS
Employer identification number
94-3042571
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions.
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II, or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) A person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the supported organization?
................
11g(i)
(ii)
A family member of a person described in (i) above?
......................
11g(ii)
(iii)
A 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
4,543,361
4,470,139
4,855,056
4,314,370
5,317,156
23,500,082
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
0
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
4
Total. Add lines 1 through 3
4,543,361
4,470,139
4,855,056
4,314,370
5,317,156
23,500,082
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
486,149
6
Public support. Subtract line 5 from line 4.
23,013,933
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
7
Amounts from line 4..
4,543,361
4,470,139
4,855,056
4,314,370
5,317,156
23,500,082
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
137,107
91,108
99,134
109,805
115,850
553,004
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
2,888
-1,977
794
1,705
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
19,456
39,159
113,746
7,281
710
180,352
11
Total support (Add lines 7 through 10).
24,235,143
12
Gross receipts from related activities, etc. (see instructions)
..................
12
6,493,994
13
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here........................................
Section C. Computation of Public Support Percentage
14
Public support percentage for 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
94.960 %
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
93.450 %
16a
33 1/3% support test—2012.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
.......................
b
33 1/3% support test—2011.
If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2012.
If the organization did not check a box on line 13, 16a, or 16b, and line 14
is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported
organization
.....................................................
b
10%-facts-and-circumstances test—2011.
If the organization did not check a box on line 13, 16a, 16b, or 17a, and line
15 is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization
................................................
18
Private foundation.
If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see
instructions
.....................................................
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
13
Total support. (Add lines 9, 10c, 11, and 12.)..
14
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public support percentage for 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2012.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
........
b
33 1/3% support tests—2011.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
.....
20
Private foundation.
If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2012
Additional Data
Software ID:
12000229
Software Version:
2012v2.0
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
YERBA BUENA CENTER FOR THE ARTS
Employer identification number
94-3042571
Identifier
Return Reference
Explanation
PART VII OFFICERS, DIRECTORS, TRUSTEES, KEY EMPLOYEES
NEAL ZEAVY SERVED AS RAFFLE ADMINISTRATOR, AN EMPLOYEE OF YBCA, THROUGH JUNE 22, 2012. ON AUGUST 1, 2012, YBCA CONTRACTED WITH RAFFLE ADMINISTRATION CORPORATION, A CALIFORNIA S-CORPORATION, TO LICENSE THE RAFFLE ADMINISTRATION SOFTWARE. NEAL ZEAVY IS THE PRESIDENT OF RAFFLE ADMINISTRATION CORPORATION. ALL PAYMENTS TO NEAL ZEAVY AND RAFFLE ADMINISTRATION CORPORATION ARE REPORTED IN PART VII AS REPORTABLE COMPENSATION.
Form 990, Part VI, Line 19
Form 990, Part VI, Line 19: Other Organization Documents Publicly Available
THE CENTER MAKES GOVERNING DOCUMENTS, POLICIES, AND FINANCIAL STATEMENTS AVAILABLE IN THE ORGANIZATION'S OFFICE.
Form 990, Part VI, Line 15b
Form 990, Part VI, Line 15b: Compensation Review and Approval Process for Officers and Key Employees
THE CENTER'S PRACTICE IS TO REVIEW AND SURVEY COMPARABLE LOCAL POSITIONS, AND SET SALARIES ACCORDINGLY.
Form 990, Part VI, Line 12c
Form 990, Part VI, Line 12c: Explanation of Monitoring and Enforcement of Conflicts
EVERY EFFORT WILL BE MADE TO ASCERTAIN ACTUAL OR POTENTIAL CONFLICT OF INTEREST ON THE PART OF ALL YERBA BUENA CENTER FOR THE ARTS BOARD MEMBERS AND STAFF THROUGH ANNUAL USE OF A CONFLICT OF INTEREST QUESTIONNAIRE.FULL DISCLOSURE TO THE YERBA BUENA CENTER FOR THE ARTS BOARD SHOULD BE MADE AT LEAST ANNUALLY OF ANY ACTUAL OR POTENTIAL CONFLICTS OF INTEREST USING THE CONFLICT OF INTEREST QUESTIONNAIRE.
Form 990, Part VI, Line 11b
Form 990, Part VI, Line 11b: Form 990 Review Process
THE 990 IS PREPARED BY OUR THIRD PARTY ACCOUNTING FIRM, AND THEN INTERNALLY REVIEWED BY MANAGEMENT STAFF (FINANCE DIRECTOR, MANAGING DIRECTOR, AND EXECUTIVE DIRECTOR). The form is presented to the Finance Committee who reviews it. The form is made available to the full board before it is filed.
Form 990, Part III, Line 4d
Form 990, Part III, Line 4d: Other Program Services Description
OTHER PROGRAM SERVICES 4: Community Engagement - YBCA's public programs are dedicated to establishing a deeper understanding and appreciation of contemporary art, artists, and the cross-disciplinary curatorial themes that link the art shared in YBCAs galleries, on our stages, and in our screening room. Offerings focus on new models for innovative experiential engagement, from 'YBCA:You,' YBCAs one-of-a-kind adult education program that is individually customized for each participant; to YBCA In Community, with its offsite, artist-led, community-designed art making experiences for underserved Bay Area neighborhoods; to YBCA's award-winning artist residency program for youth, 'Young Artists at Work.' The more than 100 workshops and events organized by YBCAs Community Engagement department each year increase equity and access to diverse communities and enable critical dialogue and civic participation in the discussion of contemporary art and ideas. OTHER PROGRAM SERVICES 5: Film/Video - In its screening room YBCA annually highlights 100 to 150 eclectic, thoughtful, and provocative contemporary films made by local, national, and international filmmakers who are leading their field in exploration of subject matter and technique. The films shown at YBCA often celebrate the unsung, the under-appreciated and the unusual, with YBCA's Film/Video program developing a strong following of Bay Area filmgoers and receiving critical acclaim for its adventurous and provocative programming. OTHER PROGRAM SERVICES 6: Rentals Program - YBCA's landmark state-of-the-art facilities are valuable resources for Bay Area communities. Through the Rentals program, the arts and creativity characterizing YBCA become a dynamic backdrop for various events held each year in YBCA's Grand Lobby, Theater, Forum, and other available spaces. YBCA also rents its facility to clients in the for-profit creative community who bring new ideas and new audiences to YBCA. The Rentals program allows YBCA to increase its visibility within the community, introducing event attendees to YBCA and its mission. With more than 40 rental partners each year, this program is a critical source of earned income that supports YBCA's multidisciplinary artistic programming.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.