I.

Calling of the Meeting to Order – Diane B. Wilsey, President

A meeting of the Board of Trustees of the Fine Arts Museums of San Francisco was held on Thursday, January 25, 2007, in the Board Room of the Legion of Honor, Lincoln Park, San Francisco.  A quorum was present that being one-third of the number of Trustees in office.  President Wilsey called the meeting to order at 3:30 p.m. 

President Wilsey presided; Mrs. Gough acted as Secretary.

II.

Calling of the Roll

The following Trustees were present:

Adolphus Andrews, Jr.
Cheryl L. Bancroft
Kermit H. Boston
Carol W. Casey
Barnaby Conrad III
Marion Moore Cope, Vice President for Annual Support
Penny Coulter
Denise B. Fitch
Elise Friedman
Gretchen Kimball
Kathryn Lasater
Monica Maduro
Robert P. Morrow III
Marianne H. Peterson
Michael H. Podell
Louise H. Renne
Lisa M. Sardegna
George B. Saxe
Trevor D. Traina
Diane B. Wilsey, President

On motion, duly seconded and carried unanimously, the following Trustees were excused:

Shelby W. Bonnie
T. Robert Burke
Gwen Chan
Iris S. Chan
Molly Murphy Crowley
Harrison S. Fraker, Jr.
Karen B. Francois
John A. Friede
Lauren Hall
Lorna F. Meyer
Josie Mooney
Carl Pascarella
Jeanne Robertson
Shelagh Rohlen
Mara E. Rosales
Arlene Schnitzer
Randolph R. Scott, Vice President for Audience Development and Civic Affairs
Jim Tananbaum
Carlos Pedro Villa
Lonna Wais
David Winton

The following ex-officio Trustees were unable to be present:

Mayor Gavin Newsom
Gloria Bonilla, President, Recreation and Park Commission

Other Trustees in attendance were:

Alvin H. Baum, Jr.
Jamie Nicol Bowles
Nancee Erickson
George Hecksher
Stephanie MacColl
Anne McWilliams
Gail Merriam
J. Alec Merriam
Florence Sue Wong

III.

Report of the President – Diane B. Wilsey

A. Consideration and Possible Action to Approve the Minutes of the December  4, 2006 Meeting of the Executive Committee of the Board of Trustees

There being no discussion among the Trustees or members of the public, the minutes of the December 14, 2006 meeting of the Executive Committee of the Board of Trustees, having been mailed in advance to all Trustees, were unanimously approved. 

B. Training Session on Chapter 67 of the San Francisco Administrative Code, the Sunshine Ordinance – Adine Varah, Deputy City Attorney

President Wilsey advised that the Sunshine Ordinance, Chapter 67 of the San Francisco Administrative Code, requires all officials, who file statements of economic interest with the San Francisco Ethics Commission, to be trained annually on the Sunshine Ordinance and to file a declaration that they have done so.

Deputy City Attorney Adine Varah was introduced.  She noted that all Trustees satisfied the State requirement to complete a two hour ethics and Sunshine training session by December 31, 2006, which is required every two years.  In the alternate years, members of the Board of Trustees are subject to the usual Sunshine Ordinance training, which has customarily been provided at the January Board meeting.
 
Ms. Varah proceeded to review the key points outlined in the Sunshine Ordinance training material, “Sunshine Laws and Conflict of Interest Laws for Board Members,†which was distributed to Trustees.  She noted that the City’s commissions, boards and committees exist to conduct the people’s business.  The public meeting laws, San Francisco’s Sunshine Ordinance, and the State of California Brown Act, ensure that the deliberations and actions of public bodies are conducted openly.  These laws serve to inform the public of matters to be discussed and acted upon, allow the public to participate in these deliberations, and keep the public informed of what occurred through public meeting records.  She emphasized the following points:

1. A meeting occurs whenever a majority of the members of a policy body come together at the same time and place.  As stipulated by the San Francisco Charter, one-third of the number of Trustees in office constitutes a quorum for the FAMSF Board of Trustees.
2. A meal gathering before, during, or after a meeting is considered to be part of the meeting.
3. Purely social, recreational, or ceremonial occasions sponsored by or organized for the public body are to be open to the public.  Members of the public body must be careful not to discuss business during these purely social occasions.
4. Passive meetings include social, recreational or ceremonial occasions to which a majority of the body has been invited, meetings of advisory committees created to advise a member of a policy body, or certain committees created by the initiative of a member of a policy body, the Mayor, or a department head.
5. An unlawful meeting may take place even if a majority of the members are not present in the same place at the same time.  A fax or e-mail to obtain the approval of a committee action is considered a “seriatum†meeting.  This occurs when a majority of the members communicate outside of a public meeting through a series of communications.
6. A notice and agenda must be issued 72 hours before a regular or special meeting.
7. The agenda must include a meaningful description of each item of business, a designation as to whether an agenda item is an action or a discussion item, and a description of appended documents.
8. An item not listed on the agenda cannot be discussed at a meeting. However, commission/board members may respond to a public member’s statements or questions, ask clarification questions to determine whether a subsequent discussion is necessary, and may discuss a matter under limited emergency circumstances.
9. Fairly detailed minutes and tape recordings of meetings are required and are part of the permanent records of San Francisco Charter boards and commissions.
10. Closed sessions are permissible to address certain personnel matters, pending or threatened litigation, and real estate negotiations.  Tape recordings of closed sessions must be kept at least ten years or permanently.
11. Each member of the public must be allowed to speak before or during the discussion of any item on the agenda for up to three minutes before action is taken  on any item within the subject matter jurisdiction of the body, even if the item is not on the agenda.
12. Individuals giving public comment have a right to anonymity and must be given the same amount of time to speak.  The policy body is not required to respond to public comment.
13. Willful failure of any elected official, department head, or other managerial City employee to discharge duties under the Sunshine Ordinance would constitute “official misconduct.â€
14. In November 2004, San Francisco voters passed State Proposition 59, a constitutional amendment regarding public meetings and public records law.  The measure elevated public access to meetings of government bodies and writings of government officials to a constitutional right.

Ms. Varah concluded her remarks and encouraged Trustees to contact her with any questions at 554-4670.  Trustees were reminded to sign and return the Certificate of Training and Sunshine Ordinance Declaration Form, distributed at the meeting, to Judy Gough, Executive Secretary, for filing with the Ethics Commission.  Deputy City Attorney Varah was thanked for her presentation with a round of applause.  There was no public comment.

C. Consideration and Possible Action to Accept the Report on 2006 Year-End Gifts of Works of Art – George Hecksher, Vice President for Collections and Chair of the Acquisitions Committee

Chair Hecksher, Vice President for Collections and Chair of the Acquisitions Committee of the Fine Arts Museums Foundation, reported that reported 298 artworks were received from 45 donors at the end of 2006.  He expressed appreciation to the donors for their continued generosity and support of the Fine Arts Museums.

The following 2006 year-end gifts of art were highlighted:
 
 Africa, Oceania, and the Americas
 
• 6 objects from a Trustee and his wife, including Anthropomorphic board or back of burden basket, 19th-20th century, Dayak; and Mother and Child, 19th-20th century, Oceania, which is on display at the de Young Museum.
• 3 artworks, Ceremonial Table or Stool, 19th century, Benin kingdom; Bellows, early 20th century, Dayak; and Hampatong (anthropomorphic ancestor figure), 19th-20th century, Dayak.

• 2 Mayan objects from two Trustees, Eccentric shaped votive objects, AD 600-900, Late Classic Maya; and Sun God head, AD 250-550, Early Classic Maya, given in
honor of Barbara Boucke.
 
 American Art
 
• Standard - Olay, 2005, Yang Mian, a painting by a Chinese contemporary artist received from a Trustee and his wife.
• The remaining partial 40% interest in 75 artworks from a Trustee and his wife, which represents part of their promised gift to the Fine Arts Museums Foundation of their collection of over 500 glass, ceramic, fiber, wood and metal objects.
• A Taste of Gumbo, 1990, by Robert Colescott, a gift of a Trustee and her husband made in honor of Diane B. Wilsey and Lucy and John Buchanan.
• 11 photographs by Imogen Cunningham, a gift of an artist and Trustee Emerita and her husband, which are installed as part of The Sculpture of Ruth Asawa:  Contours in the Art exhibition currently on view at the de Young Museum.
 
 Prints and Drawings

• 31 Edward St. Gorey books with lithographic prints given in honor of the donor’s three children.
• A gift from a curator of 20 Eli Reed photographs and 2 photographs by Carleton E. Watkins given in memory of his father.
• 16 works on paper by Edward Ruscha for the Edward Ruscha Graphic Art Archive held by the Fine Arts Museums.
• 36 photographs by Chim (David Seymour).
 
Textiles

• 12 textiles from a Trustee and his wife, including 4 India Trade Cloths and two rare textiles, Textile depicting Flowers and Opposing Birds within Hexagons, 197-415, Asia, and Textile depicting Warriors in Battle, 8th-9th century, Persia.
• Evening Gown, ca. 2005, by Oscar de la Renta, a gift from a Trustee Emerita.
 
 On motion, duly seconded, there was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to accept the Report of 2006 Year-End Gifts of Works of Art attached as Appendix I of these minutes.  The Board of Trustees recognized the generosity of the donors with sincere appreciation.

D. Consideration and Possible Action to Accept the Resignation of Rupert Garcia from the Board of Trustees of the Fine Arts Museums of San Francisco Effective November 14, 2006
 
 President Wilsey reported that Rupert Garcia submitted a letter of resignation
from the Board of Trustees effective November 14, 2006.  She advised that he plans to dedicate all of his time to painting and writing.
 
 On motion, duly seconded, there was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to regretfully accept the resignation of Rupert Garcia from the Board of Trustees of the Fine Arts Museums of
San Francisco effective November 14, 2006.

IV.

Report of the Director – John E. Buchanan, Jr.

A. Consideration and Possible Action to Approve a Request for a Loan of Art

Mr. Buchanan presented the following loan of art:

From:  Harwood Museum of Art, University of New Mexico, Taos, NM

For:  Diebenkorn in New Mexico 1950-1952
Harwood Museum of Art, Taos, NM:  6/2/07-9/9/08
San Jose Museum of Art, San Jose, CA:  10/15/07-1/15/08

1. Richard Diebenkorn (American, 1922-1993)
Miller 22, 1951
Oil on canvas, 45 x 57 in.
Fine Arts Museums of San Francisco, Bequest of Josephine Morris
2003.25.1

2. Richard Diebenkorn (American, 1922-1993)
Untitled, 1950
Oil on canvas, 121.9 x 84.5 cm (48 x 33 ¼ in.)
Fine Arts Museums of San Francisco, Bequest of Josephine Morris
2003.25.2

Stipulations:  These paintings will be accompanied by a FAMSF courier to Taos and return from San Jose to San Francisco.  Courier between Taos and San Jose venues and security attendant during open hours at the Harwood Museum required.   All related expenses will be paid by the requesting organization.

A motion was made and seconded to approve the loan request noted above.  There was no discussion among Trustees or members of the public.  The Board of Trustees voted unanimously to approve the loan subject to the conditions stated.

B. Consideration and Possible Action to Adopt a Resolution Authorizing the Board President and Director of Museums to Submit the Fiscal Year 2007-08 City Budget – Nicholas T. Elsishans, Chief Financial Officer

Nicholas T. Elsishans, Chief Financial Officer, advised that it is customary at the end of February to submit the Fiscal Year 2007-08 City Budget Request.  He introduced the following resolution authorizing the President and Director of Museums to sign and submit the Fiscal Year 2007-08 City Budget Request: 

RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby authorize the Board President and the Director of Museums to sign and submit the Fiscal Year 2007-08 City Budget Request.

On motion, duly seconded, there was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to adopt the above resolution as Board Resolution 1614.

C. Consideration and Possible Action to Approve New Facility Rental Fees at the de Young Museum and Legion of Honor Effective March 1, 2007

 Trustee Robert P. Morrow III, Chair of the COFAM Finance Committee, reported that at its meeting on January 23^rd, the Finance Committee reviewed the proposed Facility Rental Fees at the de Young Museum and Legion of Honor effective March 1, 2007.  The de Young Museum has been open since October 15, 2006, and one year of experience in renting the de Young Museum has been acquired.  It was further noted that the Legion of Honor rental fees were last increased on June 26, 2003.  Chair Morrow pointed out that the proposed rental fees involve some increases and decreases, and many fees which remain unchanged.  He commended staff, in particular Sibyl Graham and Shannon Murphy, Facility Rental Managers, for their efforts in developing the proposed rates, which included a rate survey of comparable facilities throughout the City.
 
 Following review and discussion, the Finance Committee recommended the proposed Facility Rental Fees to the Board of Trustees for approval.  Chair Morrow presented the following resolution:
 
WHEREAS, The new de Young Museum opened to the public on October 15, 2005 and one year of experience in renting the de Young Museum  facilities to private individuals and corporations has been acquired since that time; and

WHEREAS, It is timely to modify the facility rental rates based on this one year experience; and

WHEREAS, The facility rental fees at the Legion of Honor were last increased on June 26, 2003; and

WHEREAS, The public had an opportunity at the January 25, 2007 public meeting
of the Board of Trustees of the Fine Arts Museums of San Francisco to comment on the proposed new facility rental fees at the de Young Museum and Legion of Honor; now, therefore, be it

RESOLVED, That the Board of Trustees of the Fine Arts Museums of
San Francisco does hereby approve the new rental rate schedule listed below with
the understanding that fee income will be payable to the Corporation of the Fine Arts Museums to support museum activities; and be it

FURTHER RESOLVED, That the new facility rental rates will be effective March 1,
2007 and will apply only to future clients, who have not yet booked a rental; and be it

FURTHER RESOLVED, That bookings are an exclusive FAMSF responsibility, and the Director of Museums may block out certain days, times of day, and periods when rental of an entire museum takes priority over renting areas within a museum; and be it

FURTHER RESOLVED, That the new facility rental rates supersede the facility rental rates previously adopted by the Board of Trustees. 

LEGION OF HONOR

DE YOUNG MUSEUM

de Young Museum & Legion of Honor

All Non-Profit Organizations will receive a 15% discount on rental fees with proof of 501 (c) (3) status.  Theater rental rates are further discounted for qualifying non-profit organizations

On motion, duly seconded, there was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to adopt the above resolution as Board Resolution 1615.  The Facilities Rental Information Packet for the Fine Arts Museums of San Francisco was distributed to all Trustees.

D. Consideration and Possible Action to Adopt a Resolution Acknowledging Funding Expended by the Corporation of the Fine Arts Museums During the Period July 1 through September 30, 2006

The City’s Sunshine Ordinance requires the Fine Arts Museums to disclose the amount and source of all gifts received.  Mr. Buchanan presented the following resolution, which acknowledges funding expended by the Corporation of the Fine Arts Museums for the period July 1 through September 30, 2006:

WHEREAS, The Corporation of the Fine Arts Museums is a 501(c)(3) not-for-profit corporation that exists to support the activities of the Fine Arts Museums of San Francisco and served as the developer of the new de Young Museum; now, therefore, be it

RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby acknowledge with gratitude funding in the amount  of $5,598,176 expended by the Corporation of the Fine Arts Museums for operations and $821,185 for the new de Young Museum in Golden Gate Park during the period July 1 through September 30, 2006.

On motion, duly seconded, there was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to adopt the above resolution as Board Resolution 1616.

V.

Public Comment

  Members of the public may address the Board of Trustees on items not on the agenda that are within the subject matter jurisdiction of the Fine Arts Museums of San Francisco.  Speakers may address the Board for up to three minutes; the President or the Board of Trustees may limit total comments to thirty minutes.  One individual gave public comment.

Tomasita Medál encouraged Trustees to view the exhibition, Legends and Alternate Visions, featuring paintings by Carlos Loarca at the SomArts Main Gallery, 934 Brannan Street, San Francisco.  The exhibit runs through January 31, 2007.

VI.

Meeting Schedule, Future Events and Current and Future Exhibits

President Wilsey noted that the date of the June Board of Trustees meeting will need to be changed from June 14 to June 21, 2007.  The time and location will remain the same, namely 3 p.m., in the Board Room at the Legion of Honor.  On June 21^st, the exhibition, A Decade of Collecting:  Recent Acquisitions of the Achenbach Foundation for Graphic Art, 1998-2007 will open at the Legion and will honor donors of works of art.

A. 2007 Board of Trustees Meetings

B. 2007 Executive Committee Meetings

C. Future Events

D. Current and Future Exhibitions (*Exhibitions organized by FAMSF)[2]

1. Legion of Honor - Major Special Exhibitions

            2. de Young Museum -  Major Special Exhibitions

VII.

Adjournment in Memory of Trustee Emerita Barbara B. Carleton - Diane B. Wilsey, President

There being no further business, President Wilsey adjourned the meeting at 3:59 p.m. in memory of Trustee Emerita Barbara B. Carleton, a devoted friend and supporter of the Fine Arts Museums of San Francisco.
 
Respectfully submitted,



Judy Gough
Executive Secretary

Note:  These minutes set forth all actions taken up by the Board of Trustees on matters stated, but not necessarily in the order in which the matters were considered.