I.

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

A meeting of the Board of Trustees of the Fine Arts Museums ofSan Francisco was held on Thursday, June 8, 2006, 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 3:20 p.m.  She welcomed new Trustees Arlene Schnitzer and Jim Tananbaum, who were attending their first Board meeting, and acknowledged the following new Trustees also present at the meeting:  Gwen Chan, Gretchen Kimball, Kathryn Lasater, Monica Maduro, and Lisa M. Sardegna.

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
T. Robert Burke
Gwen Chan
Marion Moore Cope, Vice President for Annual Support
Penny Coulter
Denise B. Fitch
Elise Friedman
Gretchen Kimball
Kathryn Lasater
Monica Maduro
Marianne H. Peterson
Louise H. Renne
Shelagh Rohlen
Lisa M. Sardegna
George B. Saxe
Arlene Schnitzer
Randolph R. Scott, Vice President for Audience Development and Civic Affairs
Jim Tananbaum
Trevor D. Traina
Diane B. Wilsey, President

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

Arlene Ackerman
Shelby W. Bonnie
Carol W. Casey
Iris S. Chan
Barnaby Conrad III
Molly Murphy Crowley
Harrison S. Fraker, Jr.
Karen B. Francois
John A. Friede
Dr. Rupert Garcia
Lauren Hall
Jacqueline Hoefer
Lorna F. Meyer
Josie Mooney
Robert P. Morrow III
Michael H. Podell
Jeanne Robertson
Mara E. Rosales
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:

Jamie Nicol Bowles
Belva Davis
Frankie Jacobs Gillette
Richard W. Goss II
George Hecksher
Anne McWilliams
Gail Merriam
J. Alec Merriam
Bernard Osher
Steven MacGregor Read

III.

Report of the Nominating Committee – Louise H. Renne, Interim Chair

Interim Chair Renne presented the report of the Nominating Committee.

A. Consideration and Possible Action to Elect Carl Pascarella to the Board of Trustees for an Initial Three Year Term

The nominee for election to the Board of Trustees for an initial term of three years to end in June 2009 was Carl Pascarella.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to elect Carl Pascarella to an initial three-year term to expire in June 2009. 

B. Consideration and Possible Action to Elect Six Trustees Whose Terms Expired in April 2005 to Trustee Emeritus Status

The nominees for election to Trustee Emeritus status were:

Barbara B. Carleton
Beverly James
Stephen L. Johnson
Nancy McBean
J. Alec Merriam
Burl L. Toler, Sr.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to elect the nominees to Trustee Emeritus status.

C. Consideration and Possible Action to Accept the Resignation of Arlene Ackerman from the Board of Trustees

Arlene Ackerman, former Superintendent of the San Francisco Unified School District, submitted her resignation from the Board of Trustees.  Interim Chair Renne noted that Gwen Chan, Interim Superintendent of the SFUSD, was elected to the Board of Trustees at the last meeting.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to accept the resignation of Arlene Ackerman from the Board of Trustees of the Fine Arts Museums of San Francisco.

IV.

Closed Session for Conference with Legal Counsel for Existing Litigation

President Wilsey advised that this closed session item concerns the estate of Dorothy Frances Boyesen, San Francisco Superior Court, Case No. PES-04-285738.  The City Attorney’s Office filed this will contest claim on August 20, 2004 on behalf of the Fine Arts Museums and the Steinhardt Aquarium as City agencies and as named beneficiaries in Ms. Boyesen’s estate.

President Wilsey welcomed Deputy City Attorneys Adine Varah and Celia Lee, who were present to discuss the existing litigation. 

A. Public Comment on All Matters Pertaining to the Closed Session

President Wilsey stated that public comment would be taken at this time on all matters pertaining to the closed session before the Board of Trustees votes to convene in closed session.  There was no public comment.  

B. Vote on Whether to Hold Closed Session to Confer with Legal Counsel [San Francisco Administrative Code Section 67.10(d)]

A motion to convene in closed session was made and seconded.  There was no discussion among Trustees or members of the public.  The Board of Trustees voted unanimously to convene in closed session.  Members of the public and all staff, with the exception of John Buchanan, Barbara Boucke, Steve Dykes, Deborah Frieden, Robert Futernick, and Judy Gough, were excused from the Board Room. 

C. Closed Session Pursuant to Government Code Section 54956.9 and San Francisco Administrative Code Section 67.10(d)

Conference with Legal Counsel, Deputy City Attorneys Adine Varah and Celia Lee – Existing Litigation

1. Estate of Dorothy Frances Boyesen, San Francisco Superior
Court, Case No. PES-04-285738

President Wilsey called the closed session to order and introduced Deputy City Attorneys Adine Varah and Celia Lee, who reported on the existing litigation.

D. Reconvene in Open Session

Possible Report on Action Taken in Closed Session [Government Code Section 54957.1(a)(3) and San Francisco
Administrative Code Section 67.12(b)(3)]

President Wilsey reconvened the meeting in open session.  She announced that staff had repaired the tape recorder malfunction discovered during the closed session and that the tape recording of the proceedings had resumed.  She reported that an action was taken by the Board of Trustees during the closed session.  A motion was made and duly seconded not to disclose the action taken in closed session.  There was no discussion among Trustees.  There was no public comment.  The Board of Trustees voted unanimously not to disclose the action taken in closed session.

Vote to Elect Whether to Disclose Any or All Discussions Held in Closed Session [San Francisco Administrative Code Section 67.12(a)]

A motion was made and duly seconded not to disclose any or all discussions held in the closed session.  There was no discussion among Trustees.  There was no public comment.  The Board of Trustees voted unanimously not to disclose any of the discussion held in the closed session.

V.

Report of the President – Diane B. Wilsey

A. Consideration and Possible Action to Approve the Minutes of the April 13, 2006 Meeting of the Board of Trustees

There being no discussion among the Trustees or members of the public, the minutes of the April 13, 2006 meeting of the Board of Trustees, having been mailed in advance to all Trustees, were unanimously approved. 

B. Report of the May 24, 2006 Meeting of the Acquisitions Committee of the Fine Arts Museums Foundation - George Hecksher, Vice President for Collections, and Chair of the Acquisitions Committee of the Fine Arts Museums Foundation

Chair Hecksher, Vice President for Collections and Chair of the Acquisitions Committee of the Fine Arts Museums Foundation, presented the report of the May 24, 2006 Acquisitions Committee meeting.

1. Adoption of New Guidelines on Loans of Antiquities and Ancient Art Released by the Association of Art Museum Directors on February 27, 2006 and Corresponding Amendment to FAMSF’s Guidelines for Collections Management and Acquisition Policies to Refer to SupplementalAAMD Loan Guidelines

The Acquisitions Committee unanimously recommended the Guidelines on Loans of Antiquities and Ancient Art to the Board of Trustees for approval.  These guidelines, published by the Association of Art Museum Directors (AAMD) on February 27, 2006, supplement the AAMD Guidelines on the Acquisition of Archaeological Materials and Ancient Art adopted as policy by the Board of Trustees in September 2004.  The 2004 Guidelines balance museums’ obligations to preserve and provide public access to the world’s shared artistic heritage with the duty to collect responsibly and in a manner that will not encourage illicit excavation and trade.  Mr. Buchanan clarified that the new Guidelines on Loans of Antiquities and Ancient Art emphasize clear adherence to ethical principles in the process of deciding on, engaging in, and exhibiting loans.

A motion was made and seconded to adopt the 2006 Guidelines on Loans of Antiquities and Ancient Art.  There was no discussion among Trustees.  There was no public testimony.  The Guidelines on Loans of Antiquities and Ancient Art released by the AAMD on February 27, 2006, listed as Attachment A of Appendix I of these minutes, were unanimously adopted.  Chair Hecksher noted that the adoption of this additional policy statement amends the Guidelines for Collection Management and Acquisitions Policies approved by the Board of Trustees in September 2004.

2. Purchases

At the request of Chair Hecksher, Dr. Lynn Orr, Curator of European Art, presented The Wave, ca. 1869, by Gustave Courbet, which was unanimously recommended for purchase by the Acquisitions Committee.  This painting is part of a suite of marine paintings along the Normandy Coast at Étretat and will contribute to the Legion’s presentation of traditional mid-19^th century painting before the advent of Impressionism.  Its specific resonance with paintings by Monet, such as Waves Breaking, 1881, reveals Courbet’s seminal position and influence on Impressionism and the avant-garde of his day.

A motion was made and seconded to approve the purchase of The Wave by Gustav Courbet.  There was no discussion among Trustees; there was no public testimony.  The Board of Trustees voted unanimously to approve and accept the purchase of this painting listed as number 1, on page 1 of Appendix I of these minutes, as a gift of art from the Foundation.

A motion was made and seconded to approve the purchase of Ordinary Usage, 1948, a work on paper by Charles Howard, as a gift of art from the Fine Arts Museums Foundation to the Fine Arts Museums of San Francisco.  Chair Hecksher noted that this purchase was funded in part by tribute funds in memory of late Trustee Emeritus George Hopper Fitch and in honor of Harry S. Parker III, former Director of Museums.  There was no discussion among Trustees; there was no public testimony.  The Board of Trustees voted unanimously to approve and accept this work on paper listed as item 2 on page 1 of Appendix I of these minutes. 

3. Gifts Offered to the Museums

Chair Hecksher particularly noted the following gifts: 

American Art
Vajra Lotus, 1957-1960, by Lawrence Ferlinghetti
November in Nevada, 1935, by Maynard Dixon

Prints and Drawings
This is Not a Man from the Sing-Sing series, 1994, by Lawrence Ferlighetti
Untitled (figure drawing), 2004, by Nathan Oliveira
Untitled (figure drawing), 2004, by Nathan Oliveira
The Butler’s in Love, 1992, by Mark Stock, a gift in honor of Diane B. Wilsey
Untitled (New York City Street Scene), 1928, by Samuel Halpert, a gift in memory of George Hopper Fitch
A gift of 135 prints by various artists

A motion was made and seconded to approve and accept the gifts offered to the Museums.  There was no discussion among the Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to approve and accept the gifts offered to the Museums by the Fine Arts Museums Foundation listed on pages 2 through 6 of Appendix I of these minutes. 

4. Gift of 207 Artworks to the Fine Arts Museums Foundation and 70 Artworks to be Sold by the Foundation

Chair Hecksher discussed this gift of 207 artworks to the Fine Arts Museums Foundation for loan to the Fine Arts Museums of San Francisco and 70 artworks to be sold by the Foundation.   A motion was made and seconded to approve this gift offered to the Foundation.  There was no discussion among the Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to approve the gift of 207 artworks to the Foundation for loan to the Fine Arts Museums and the sale of 70 artworks beginning on page 7 of Appendix I of these minutes. 

5. First Step Deaccessioning

A motion was made and seconded to approve first step deaccessioning for 130 textiles.  There was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to approve first step deaccessioning for the 130 textiles listed on page 8 of Appendix I of these minutes. 

6. Purchases for the Record

These objects are listed on pages 9 and 10 of Appendix I of these minutes.

Chair Hecksher introduced the following resolution:

RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby approve the appended May 24, 2006 report of the Acquisitions Committee of the Fine Arts Museums Foundation, including adopting the new Guidelines on Loans of Antiquities and Ancient Art released by the Association of Art Museum Directors on February 27, 2006 and corresponding amendment to FAMSF’s Guidelines for Collections Management and Acquisition Policies to refer to the supplemental AAMD Loan Guidelines; approving the works of art acquired through purchase and donation as gifts to the Fine Arts Museums of San Francisco from the Fine Arts Museums Foundation; approving the 207 gifts to the Fine Arts Museums Foundation for loan to the Fine Arts Museums of San Francisco and the sale of 70 artworks by the Foundation; and approving first step deaccessioning.

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 1602.

C. Report on Saturday Closure of John F. Kennedy Drive in Golden Gate Park for a Trial Period of Six Months

President Wilsey reported that the San Francisco Board of Supervisors at its meeting on May 9, 2006 voted to approve the six month trial closure of John F. Kennedy (JFK) Drive effective at the end of May 2006.  The enactment of ordinance 060250 closes one and one-half miles of JFK Drive to traffic on Saturdays, as it is on Sundays, between Kezar Drive and Transverse Drive.

The following Monday, May 15, 2006, Mayor Gavin Newsom vetoed the six-month trial closure of JFK Drive.  He has acknowledged that while the road closure offers recreational benefit, it appears to adversely impact the disabled community, the residents of the Richmond and Sunset districts, and The Conservatory of Flowers.  It is hoped that other recreational road closure alternatives can be identified and that a compromise solution can be achieved.

President Wilsey noted with appreciation that four of the eleven members of the Board of Supervisors voted against the trial Saturday closure:  Supervisors Fiona Ma, Angela Alioto-Pier, Sean Elsbernd, and Bevan Dufty.  In addition, she particularly recognized the efforts of Richard Peterson to oppose Saturday closure.  Mr. Buchanan acknowledged President Wilsey’s critical involvement, as well as the efforts of Tomasita Medál, who was instrumental in coordinating the community response opposing the Saturday trial closure of JFK Drive.  Ms. Medál was acknowledged with a round of applause.

D. Consideration and Possible Action to Adopt a Resolution Setting the Dates of the 2007 Meetings of the Board of Trustees

President Wilsey presented the following resolution setting the dates, times, and locations of the 2007 meetings of the Board of Trustees:

RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby set the following dates, times, and locations for its 2007 regular meetings:

Date/Time/Location
Thursday, January 25, 2007/3 p.m./Board Room, Legion of Honor
Thursday, April 12, 2007/3 p.m./Piazzoni Murals Room, de Young
Thursday, June 14, 2007/3 p.m./Board Room, Legion of Honor
Thursday, October 11, 2007/3 p.m./Piazzoni Murals Room, de Young

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 1603.

VI.

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

A.Consideration and Possible Action to Approve Loan Requests

Mr. Buchanan introduced the following loan requests:

1.From:  Rijksmuseum Twenthe, Enschede, Netherlands

For:  Reciprocal Loan:  Monet in Normandy
Rijksmuseum Twenthe, Enschede, Netherlands:  6/17/06-5/27/07
Henri Matisse (French, 1869-1954)
Young Woman in Pink (La Jeune Femme en Rose), 1923
Oil on canvas, 22 x 15 ½ (55.9 x 39.4 cm)
Fine Arts Museums of San Francisco, Memorial Gift from Dr. T. Edward and Tullah Hanley, Bradford, Pennsylvania
69.30.134

Stipulations:  The painting will be accompanied by a FAMSF courier to Enschede and return to San Francisco.  All related expenses will be paid by the requesting organization.

*****

2. From:  Dallas Museum of Art, Dallas, TX

For:  Matisse:  Painter as Sculptor
Dallas Museum of Art, Dallas, TX:  2/21/07-4/29/07
San Francisco Museum of Modern Art, San Francisco:  6/10/07-9/2/07
Baltimore Museum of Art, Baltimore, MD:  10/7/07-1/13/08

Henri Matisse (French, 1869-1954)
Faith, the Model, early 20^th century
Oil on canvas, 17 ½ x 31 (44.5 x 78.7 cm)
Fine Arts Museums of San Francisco, Bequest of Aurelie Henwood to the de Young Museum in memory of Lucille and Gardner Dailey
1992.109

Stipulations:The painting will be accompanied by a FAMSF courier to Dallas and return from Baltimore to San Francisco.  All related expenses will be paid by the requesting organization.

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

C. Update on the City Budget

The Museums’ Fiscal Year 2006-07 City Budget totaling approximately$10 million has been submitted to the City.  It represents the annualized support required to operate the de Young and Legion of Honor for a full year.  Traditionally, the City has funded the guardianship costs of the Museums, insurance costs for the collections, and the costs of utilities and partial maintenance for the two buildings.

D. Report on the Paralyzed Veterans of America’s 2006 Barrier-Free America Award to the de Young Museum for Outstanding Contributions to Accessible Design

Mr. Buchanan reported that the Paralyzed Veterans of America awarded the de Young Museum the 2006 Barrier-Free America Award.  The award was presented at a ceremony at the de Young Museum on May 25^th.  Fong and Chan, Principal Architects for the New de Young Project, were also honored for outstanding contributions to Accessible Design.  Last year, Millennium Park in Chicago received the Barrier-Free America award.

E. Consideration and Possible Action to Adopt a Resolution to Transfer Funds in the Admission Fund for the Fiscal Year 2006-07

Mr. Buchanan introduced the following resolution to transfer funds in the admission fund for fiscal year 2006-07 to reimburse COFAM for expenses incurred on behalf of the Museums.

RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby authorize the Controller of the City and County of San Francisco to transfer monthly excess revenue over monthly admission operating expenses in the Admission Fund (2S CRF RPD) Index Code 615001 to Project PFAADM, Index Code 615001 on a monthly basis for the Fiscal Year 2006-07; and, be it

FURTHER RESOLVED, That the funds in project PFAADM are to be used to reimburse the Corporation of the Fine Arts Museums for expenses incurred on behalf of the Museums.        

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 1604.

F. Consideration and Possible Action to Adopt a Resolution Acknowledging Funding Expended by the Corporation of the Fine Arts Museums During the Period January 1 through March 31, 2006
 
Mr. Buchanan advised that the City’s Sunshine Ordinance requires the Fine Arts Museums to disclose the amount and source of all gifts received.  He presented the following resolution, which acknowledges funding expended by the Corporation of the Fine Arts Museums for the period January 1 through March 31, 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 $6,655,828 expended by the Corporation of the Fine Arts Museums for operations and $6,368,432 for the new de Young Museum in Golden Gate Park during the period January 1 through March 31, 2006.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to adopt the above resolution as Board Resolution 1605.

G. Consideration and Possible Action to Adopt a Resolution Acknowledging Bequests of Funds Received During the Period January 1 through March 31, 2006

In accordance with the City’s Sunshine Ordinance, bequests received by the Fine Arts Museums must also be disclosed.  Mr. Buchanan introduced the following resolution acknowledging the bequests of funds received by the Museums during the period January 1 through March 31, 2006:

RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby acknowledge the following bequests of funds received during the period January 1 through March 31, 2006.

The George M. Bowles Trust, $128,085.77
The Christina Duvaras Trust, $5,000

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to adopt the above resolution as Board Resolution 1606.

VII.

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.  There was no public comment.

VIII.

Meeting Schedule, Future Events and Current and Future Exhibits

A.2006 Board of Trustees Meeting

B.2007 Board of Trustees Meetings

C.2006 Executive Committee Meetings

D.Future Events

E.Current and Future Exhibitions (*Exhibitions organized by FAMSF)

Legion of Honor – Major Special Exhibitions

de Young Museum – Major Special Exhibitions

IX.

Adjournment - Diane B. Wilsey, President

There being no further business, President Wilsey adjourned the meeting at
4:54 p.m.

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.
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