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OFFICIAL SPECIAL MEETING NOTICE1
Fine Arts Museums of San Francisco
Board of Trustees
Thursday, January 31, 2002
Legion Café and Board
Room
California Palace of the Legion
of Honor
Lincoln Park
San Francisco, California
1:30 p.m.
Workshop on the New de Young
Financing Plan
to Address Issues Raised in
Tax Exempt Financing
for Non-profit Organizations
The workshop is intended
to offer Trustees a forum for
informal discussion regarding
the New de Young Financing Plan
and associated Lease and
Facilities Agreement
between the Fine Arts Museums
of San Francisco and
The Fine Arts Museums Foundation.
No action will be taken during
this workshop portion of the discussions.
The discussion of the New
de Young Financing Plan and the
Lease and Facilities Agreement
will continue as
Items III. D. and III. E.
on pages 5, 6 and 7 of this Agenda.
Public testimony will occur
at the latter portion of the
discussion of this matter
and before the Trustees take any action on this matter.
(See Attached Explanatory
Documents: New de Young Museum, Revenue Bonds, Series 2002,
Fine Arts Museums Board of
Trustees, Workshop, January 31, 2002; and
Draft Lease and Facilities
Agreement ("Agreement") between the
Fine Arts Museums of San
Francisco and The Fine Arts Museums Foundation
and Executive Summary Pertaining
to the Agreement.)
3:00 p.m.
Regular Business Meeting
Legion Café and Board
Room
California Palace of the Legion
of Honor
Lincoln Park
San Francisco, California
AGENDA
Thursday, January 31, 2002
3:00 p.m.
ORDER OF BUSINESS
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I.
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Calling of the Meeting to Order -
Diane B. Wilsey, President
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II.
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Calling of the Roll
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Trustees
Del M. Anderson
Cheryl L. Bancroft
Alvin H. Baum, Jr.
Alix Phillips Becker
George McNear Bowles
Jamie Bowles
T. Robert Burke
Barbara B. Carleton
Iris S. Chan
Barnaby Conrad III
Marion Moore Cope
Belva Davis, Vice President/Audience Development
and Civic Affairs
Dagmar Dolby
Richard P. Essey
Richard H. Finn
Morgan Flagg
Harrison S. Fraker, Jr.
Tamara Fritz
Dr. Rupert Garcia
Richard N. Goldman
Constance Goodyear
Nancy Hamon
George Hecksher
Jacqueline Hoefer
Beverly James
J. Burgess Jamieson
Ann L. Johnson, M.D.
Stephen L. Johnson
Calling of the Roll (continued)
Terrence Johnson
William R. Kimball
Diane B. Lloyd-Butler, Vice President/Marketing
and Communications
Nancy McBean
Nion McEvoy
J. Alec Merriam, Vice President
Lorna F. Meyer
Josie Mooney
Robert P. Morrow III, Vice President/Finance
Joy Ou
Marianne H. Peterson
Shelagh Rohlen, Vice President/Annual Support
George B. Saxe
Randolph R. Scott
Burl A. Toler, Sr.
Vivian Fei Tsen
Carlos Pedro Villa
Lonna Wais
Margaret Wetzel
Nancy Willis
Diane B. Wilsey, President
David Winton
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Ex-Officio Trustee Members
Mayor Willie L. Brown, Jr.
Gordon Chin, President/Recreation and Park
Commission
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Absences to be Excused
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There will be an opportunity for public
comment on each agenda item.
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III.
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Report of the President - Diane B. Wilsey
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A. Consideration and Possible Action to
Approve the Minutes of the
December 13, 2001 Meeting of the Executive Committee of the Board
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Action
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B. Report on 2001 Year-End Gifts of Works
of Art - J. Alec Merriam,
Chair, Acquisitions Committee of The Fine
Arts Museums Foundation
(See Appendix B - 2001 Year-End Gifts
of Works of Art Report)
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Discussion
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C. Report on Recent Developments Regarding
the Plans to Build a New de Young Museum in Golden Gate Park
1. Presentation on Recent Developments
Regarding the Design of the New de Young Museum in Golden Gate Park
- Pierre de Meuron, Herzog & de Meuron Architekten AG
2. Report on the December 6, 2001 Public
Hearing Before the
San Francisco Planning Commission Regarding
the Revisions to the Final Environmental Impact Report for the Proposed
de Young Museum Project Pertaining to
the Height of the Education Tower and to Some Aspects of the Analysis
of the Impact on Historic Resources and the San Francisco Planning
Commission’s Action to Certify the Revisions to the FEIR for the Proposed
de Young Museum
3. Report on the Public Hearing of the
Board of Supervisors on January 14, 2002 Regarding the Appeal of the
Planning Commission’s Certification of the Revised Final Environmental
Impact Report (FEIR) for the Proposed de Young Museum Project, Which
Includes Revisions Pertaining to the Height of the Education Tower and
to Some Aspects of the Analysis of the Impact on Historic Resources,
and the Subsequent Action of the Board of Supervisors to Uphold the
Decision of the San Francisco Planning Commission to Certify the Revised
FEIR for the Proposed de Young Museum Project
4. Report on the Public Hearing of the
Recreation and Park Commission on January 17, 2002 Regarding the Shadow
Impacts of the New de Young Museum Project on Golden Gate Park
5. Report on the Public Hearing of the
San Francisco Planning Commission on January 24, 2002 and Its Determination
Regarding (a) Findings Pursuant to California Environmental Quality
Act Regarding the New de Young Museum Project, (b) Shadow Impacts of
the New de Young Project on Golden Gate Park as Required by Planning
Code Section 295, (c) Finding the New
de Young Museum Project Consistent with
the General Plan. Report on the Zoning Administrator’s Hearing Regarding
the Parking Variance on January 24, 2002 Held Concurrently with Planning
Commission Hearing (See Appendix C - Planning Commission Draft Motions
Regarding General Plan Referral and Shadow Impacts Determination)
6. Consideration and Possible Action to
Adopt a Resolution Adopting the Findings Pursuant to California Environmental
Quality Act Regarding the New de Young Museum Project Environmental
Impact Report Including Mitigation Measures, Rejection of Alternatives,
Statement of Overriding Considerations and Mitigation Monitoring Program,
Approving the Design of the New de Young Museum Project and Authorizing
the Corporation of The Fine Arts Museums to Proceed with the Project
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Discussion
Discussion
Discussion
Discussion
Discussion
Discussion
Action
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D. Consideration and Possible Action to
Adopt a Resolution Approving the New de Young Financing Plan Proposed
by the Corporation of the Fine Arts Museums and The Fine Arts Museums
Foundation
(See Appendix - New de Young Museum, Revenue
Bonds, Series 2002, Fine Arts Museums Board of Trustees, Workshop, January
31, 2002)
WHEREAS, The highest institutional priority
of the Fine Arts Museums of San Francisco is to build a New de Young
Museum in Golden Gate Park; and
WHEREAS, Efforts to secure public funding
for a New de Young Museum were unsuccessful with San Francisco general
obligation bonds failing to meet the 66.7% requirement for passage in
1996 (62.6% yes votes) and 1998 (64.3% yes votes); and
WHEREAS, At the request of the Board
of Trustees of the Fine Arts Museums of San Francisco, the Capital
Campaign for a New de Young Museum was initiated by the Corporation
of The Fine Arts Museums with a fund-raising goal of $165 million,
of which over $150 million has been raised to date; and
WHEREAS, The schedule of pledges extends
over a five year period, and the construction schedule for the New
de Young Museum will require immediate payments before the pledges
are received; and,
WHEREAS, The Board of Trustees of the
Fine Arts Museums has reviewed the Final Environmental Impact Report
for the New de Young Project, and adopted CEQA findings for approval
of the Project at this January 31, 2002 meeting under Agenda Item
III.C(6), which findings are incorporated by reference herein; now,
therefore, be it
RESOLVED, That to meet the cash flow
requirements for the construction of the New de Young Museum, the
Board of Trustees of the Fine Arts Museums of San Francisco does hereby
approve the New de Young Financing Plan and supports the decision
of the Corporation of The Fine Arts Museums and The Fine Arts Museums
Foundation to seek the sale and issuance
of tax-exempt bonds by the appropriate state
financing authority, which will be guaranteed by the future flow of pledges;
and, be it
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Action
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E. Consideration and Possible Action to
Adopt a Resolution Approving the Draft Lease and Facilities Agreement
Between the Fine Arts Museums of San Francisco and The Fine Arts Museums
Foundation and Authorizing the Director of Museums to Take All Necessary
Steps to Finalize and Execute Such Agreement (Including Any Attached Exhibits)
in Substantially the Form Attached Hereto and Approved as to Form by the
City Attorney (See Appendix E - Executive Summary Pertaining to the Lease
and Facilities Agreement for a New de Young Museum By and Between the
Fine Arts Museums of San Francisco and The Fine Arts Museums Foundation
and Draft of the Lease and Facilities Agreement)
WHEREAS, The Board of Trustees of the
Fine Arts Museums of
San Francisco (FAMSF) has approved the New
de Young Financing Plan and requested the Corporation of The Fine Arts
Museums (COFAM) and The Fine Arts Museums Foundation (Foundation) to issue
tax-exempt bonds to meet the cash flow requirements for the construction
of the New de Young Museum; and
WHEREAS, To secure such financing, the
role of the Foundation is critical in generating future revenues required
over the anticipated thirty year term of the tax-exempt bonds; and
WHEREAS, A Lease and Facilities Agreement
between FAMSF and the Foundation defines the respective roles and responsibilities
of FAMSF and the Foundation for the use and operation of the New de
Young Museum and will help facilitate the financing for the New de Young
Museum; and
WHEREAS, The Foundation is a non-profit
charitable organization whose primary purpose is to support the activities
of FAMSF; and
WHEREAS, The Board of Trustees of the
Fine Arts Museums has reviewed the Final Environmental Impact Report
for the New de Young Project and adopted CEQA findings for approval
of the Project at this January 31, 2002 meeting under Agenda Item III.C(6),
which findings are incorporated by reference herein; now, therefore,
be it
RESOLVED, That the Board of Trustees of
FAMSF hereby finds that in light of the Foundation’s primary charitable
purpose to support the activities of FAMSF, the Foundation’s use of
the museum facilities in accordance with the terms of the Lease and
Facilities Agreement is an appropriate use of such museum facilities
and will provide a benefit to FAMSF and the public; and, be it
FURTHER RESOLVED, That the Board of Trustees
of FAMSF hereby approves of the Lease and Facilities Agreement between
FAMSF and the Foundation and the transaction contemplated therein and
authorizes the Director of Museums to take all necessary steps to finalize
and execute the Lease and Facilities Agreement (including any attached
exhibits) in substantially the form attached hereto and approved as
to form by the City Attorney; and, be it
FURTHER RESOLVED, That the Board of Trustees
of FAMSF further authorizes the Director of Museums to enter into any
additions, amendments or other modifications to the Lease and Facilities
Agreement (including, without limitation, the attached exhibits), approved
as to form by the City Attorney, that the Director of Museums determines
are in the best interests of FAMSF, do not decrease the benefit to FAMSF
or otherwise materially increase the obligations or liabilities of FAMSF
in connection with the Lease and Facilities Agreement, and are necessary
or advisable to complete the transaction contemplated in the Lease and
Facilities Agreement and to effectuate the purpose and intent of this
resolution; and, be it
FURTHER RESOLVED, That any actions previously
taken by any City employee or official with respect to the Lease and
Facilities Agreement are hereby ratified and affirmed.
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Action
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F. Report of the Nominating Committee -
Nion McEvoy, Chair
1. Consideration and Possible Action to
Accept the Resignation of Terrence Johnson from the Board of Trustees
of the Fine Arts Museums of San Francisco
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Discussion
Action
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G. Report on the Cancellation of the February
14, 2002 Executive Committee Meeting
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Discussion
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H. Other Information Items
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Discussion
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IV.
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Director’s Report - Harry S. Parker III
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A. Consideration and Possible Action to
Approve Two Additional Venues to a Previously Approved Loan Request (See
Appendix F)
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Action
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B. Consideration and Possible Action to
Adopt Notice and Appeal Procedures for Removal of Trees on Property under
the Jurisdiction of the Fine Arts Museums of San Francisco Pursuant to
Resolution 722-98 Approved by the Board of Supervisors Urging Departments
to Adopt Such Policies and Procedures (Draft Notice and Appeal Procedures
for Removal of Trees on Property under the Jurisdiction of the Fine Arts
Museums To Be Distributed at Meeting)
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Action
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C. 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, 2001
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 to
serve as the developer of the New de Young
Museum, and has a partial reimbursement
contract with the Fine Arts Museums of San Francisco; 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 $2,906,602 expended by the Corporation
of The Fine Arts Museums for operations and $1,478,451 for the New de
Young Museum in Golden Gate Park during the period July 1 through September
30, 2001.
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Action
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D. Consideration and Possible Action to
Adopt a Resolution Acknowledging Bequests Received by the Fine Arts Museums
of
San Francisco for the Period July 1 through
September 30, 2001
RESOLVED, That the Board of Trustees of
the Fine Arts Museums of San Francisco does hereby acknowledge with
gratitude the following bequests received during the period July 1 through
September 30, 2001:
Estate of Lester Hamilton, $17,920
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Action
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E. Report on January 9-11, 2002 American
Association of Museums
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Discussion
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F. Update on the City Budget
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Discussion
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G. Consideration and Possible Action to
Adopt a Resolution Authorizing the Board President and Director of Museums
to Submit the Fiscal Year 2002-2003 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 2002-2003 City Budget request for the Fine Arts Museums of San
Francisco.
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Action
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H. Current and Future Exhibits
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Discussion
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I. Other Informational Items
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Discussion
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V.
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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 the total comment to thirty minutes.
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VI.
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Meeting Schedule, Future Events and Current
and Future Exhibits (See Appendix G - List of Board and Executive
Committee Meetings, Events and Exhibitions)
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Discussion
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VII.
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Adjournment in Memory of Trustee Emeritus
John N. Rosekrans, Jr., and Trustee Emeritus Alfred S. Wilsey - Diane
B. Wilsey, President
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Action
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Public Meeting Requirements Relating to Accessibility
The subsequent information is in compliance with
the Americans with Disabilities Act (ADA); the following will be made available
upon request: (1) American sign language interpreters; (2) a sound enhancement
system; (3) a meeting agenda available in alternative formats; and (4) a reader
during the meeting. To arrange for these services, please contact Judy Gough
at (415) 750-3669 at least two working days prior to a meeting. A late request
will be honored if possible. Minutes of the meeting will be made in alternative
formats upon request. Meeting agendas are available on the Fine Arts Museums
of San Francisco website, www.thinker.org.
In order to assist the City’s efforts to accommodate
persons with severe allergies, environmental illnesses, multiple chemical sensitivity
or related disabilities, those attending public meetings are reminded that others
may be sensitive to various chemical based products. Please help the City to
accommodate these individuals.
The MUNI’s wheelchair-accessible No. 18 line stops
in front of the Legion. For access to the Legion from downtown, take MUNI’s
wheelchair-accessible No. 38 Geary line to 33rd and Clement and connect with
the No. 18 line. For more information about MUNI’s accessible services, call
(415) 923-6142.
There are accessible parking spaces (disabled-designated)
available in front of the Legion. Accessible seating for persons with disabilities
(including those using wheelchairs) will be available. For Telecommunication
Device for the Deaf (TDD), the Museums use the California Relay Service.
The ringing of and use of cell phones, pagers
and similar sound-producing electronic devices are prohibited at this meeting.
Please be advised that the President may order the removal from the meeting
of any person(s) responsible for the ringing or use of cell phones, pagers,
or other similar sound-producing electronic devices.
Know Your Rights Under the Sunshine Ordinance
Government’s duty is to serve the public, reaching
its decisions in full view of the public. Commissions, boards, councils, and
other agencies of the City and County exist to conduct the people’s business.
This ordinance assures that deliberations
are conducted before the people and that City
operations are open to the people’s review. For more information on your rights
under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative
Code) or to report a violation of the ordinance, contact the Sunshine Ordinance
Task Force:
Donna Hall, Administrator
Sunshine Ordinance Task Force
City Hall, Room 409
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4683
Office: (415) 554-7724
Fax: (415) 554-7854
E-mail: Donna_Hall@ci.sf.ca.us
Copies of the Sunshine Ordinance can be obtained
from the Clerk of the Sunshine Task Force, the San Francisco
Public Library and on the City’s website at www.ci.sf.ca.us/bdsupvrs/sunshine.
If you are unable to attend the meeting, you may
submit written comments to Judy Gough, Fine Arts Museums of
San Francisco, 233 Post Street, 6th
Floor, San Francisco, CA, 94108. Public documents referred to in the agenda
may be inspected at the Administrative Offices of the Fine Arts Museums located
at 233 Post Street, 6th Floor, San Francisco, CA, 94108. Please contact
Judy Gough at (415) 750-3669 to make arrangements.
abtfamsf021
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Because of the Workshop scheduled for 1:30 p.m. and the change in meeting date
from January 10, 2002 to January 31, 2002, the meeting is being noticed as a
Special Meeting of the Board of Trustees.
