I.

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

The annual meeting of the Board of Trustees of the Fine Arts Museums of
San Francisco was held on Thursday, June 11, 2009, 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.  The meeting was called to order at 3:15 p.m. by Diane B. Wilsey, President.

President Wilsey presided; Mrs. Gough acted as Secretary.

II.

Calling of the Roll

The following Trustees were present:

Iris S. Chan
David H. S. Chung
Barnaby Conrad III
Marion Moore Cope, Vice President for Annual Support
Molly Murphy Crowley
Belva Davis, Vice President
Denise B. Fitch
Karen B. Francois
Elise Friedman
Frankie Jacobs Gillette
Lawrence B. Low
Monica Maduro, Vice President for Audience Development
  and Civic Affairs
Nancy McFadden
Marianne H. Peterson
Venetta S. Rohal
Lisa M. Sardegna
Randolph R. Scott
Arlene Schnitzer
Robert T. Wall
Diane B. Wilsey, President

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

Adolphus Andrews, Jr.
Edward D. Baker III
Roger Barnett
Carol W. Casey
Penny Coulter
Juliet de Baubigny
Harrison S. Fraker, Jr.
John A. Friede
Carlos A. Garcia
Lauren Hall
Gretchen Kimball
Janet W. Lamkin
David Lamond
Kathryn Lasater
Carl Pascarella
Jeanne Robertson
Susan S. Swartz
Jim Tananbaum
Jeana Toney
Trevor D. Traina
Lonna Wais
David Winton
Lisa Zanze

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

Mayor Gavin Newsom
Lawrence Martin, President, Recreation and Park Commission

Other Trustees in attendance were:

Cheryl Bancroft
Robert J. Bransten
Stephanie MacColl
Gail Merriam
J. Alec Merriam
Steven MacGregor Read
Paul A. Violich, Vice President for Finance
Florence Sue Wong

III.

Closed Session for Conference with Legal Counsel for Existing Litigation

President Wilsey advised that this closed session item concerns existing litigation involving Robert Friede and Thomas Jaffe, brothers of John Friede, and pertains to their alleged interest in certain collateral owned by Marcia and John Friede.

President Wilsey welcomed Deputy City Attorneys Adine Varah and Donald Margolis, who were present to discuss the existing litigation as it relates to the Museums. 

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

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

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.  There was no public testimony.  The Board of Trustees voted unanimously to convene in closed session.  Members of the public and all staff, with the exception of John Buchanan, Robert Futernick, and Judy Gough, were excused from the Piazzoni Murals Room.

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

Conference with Legal Counsel on Existing Litigation as Plaintiff - Deputy City Attorneys Adine Varah and Donald Margolis

1. City and County of San Francisco (Fine Arts Museums of
San Francisco) vs. Thomas Jaffe, Robert Friede, et. al.
(Civil Case No.:  08-479905) and Robert Friede vs.
City and County of San Francisco (Fine Arts Museums of San Francisco) (as Third-Party Defendant) (New York Supreme Court Index No. 590982/2008)

President Wilsey called the closed session to order and introduced Deputy City Attorney Adine Varah and Deputy City Attorney Donald Margolis of the City Attorney's Litigation Division, who reported on the existing litigation.

D. Reconvene in Open Session

1. Possible Report on Action Taken in Closed Session [Government Code Section 54957.1(a)(2) and San Francisco Administrative Code Section 67.12(b)(2)]

President Wilsey reconvened the meeting in open session and reported that no
action was taken by the Board of Trustees during the closed session.  

2. 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 discussion held
in the closed session.  There was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously not to disclose any of the discussion held in closed session.

President Wilsey advised that the closed session was concluded, and the
regular business before the Board of Trustees was then addressed.

IV.

Report of the Nominating Committee – President Diane B. Wilsey for Juliet
de Baubigny, Chair

In the absence of Juliet de Baubigny, Chair of the Nominating Committee, President Wilsey presented the following report:

A. Report on Trustees Retiring from the Board of Trustees of the Fine Arts Museums of San Francisco

Having completed three terms of three years each, the following Trustees will retire from the Board of Trustees at the conclusion of this meeting:

Barnaby Conrad III
Marianne H. Peterson
Randolph R. Scott
Lonna Wais

On behalf of the Board of Trustees, President Wilsey extended appreciation to each of these Trustees for their nine years of dedicated service.  The Board of Trustees acknowledged Trustees Conrad, Peterson, Scott and Wais with a round of applause.

B. Consideration and Possible Action to Re-elect the Following Trustees to a Second Three Year Term

The nominees for election to a second term of three years to end at the conclusion of the annual meeting in June 2012 were:

Gretchen Kimball
Kathryn Lasater
Monica Maduro
Carl Pascarella
Lisa M. Sardegna
Arlene Schnitzer
Jim Tananbaum

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 second terms of three years to expire at the conclusion of the annual meeting in June 2012.

C. Consideration and Possible Action to Re-elect the Following Trustees to a Third Three Year Term

The nominees for election to a third term of three years to end at the conclusion of the annual meeting in June 2012 were:

Molly M. Crowley
Karen Francois
Trevor D. Traina

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 third terms of three years to expire at the conclusion of the annual meeting in June 2012.

President Wilsey advised that Trustee Jeanne Robertson has decided not to seek re-election to a third term of three years at this time.  It is hoped that she will return to the Board of Trustees to serve her third term in the not-too-distant future.

D. Consideration and Possible Action to Re-elect Former Trustee
Louise H. Renne to the Board of Trustees of the Fine Arts Museums
of San Francisco for a Third Term of Three Years

At its meeting on June 24, 2008, the Board of Trustees approved the decision of Trustee Louise H. Renne to not seek re-election to a third term of three years due to business obligations, which precluded her active participation as a Trustee at that time.  President Wilsey reported that former Trustee Renne is now able to return to the Board of Trustees to fulfill a third term of three years.

On motion, duly seconded, there was no discussion among the Trustees.      There was no public testimony.  The Board of Trustees voted unanimously to re-elect Louise H. Renne to a third term of three years to expire at the conclusion of the annual meeting in June 2012.  Trustee Renne joined the meeting and was welcomed with a round of applause.

E. Consideration and Possible Action to Adopt a Resolution Setting the Number of Trustee Positions

President Wilsey introduced the following resolution setting the number of Trustee positions:

WHEREAS, The San Francisco Charter, Section 5.105, provides for a variable number of Trustees; and

WHEREAS, The Charter sets the number of Trustees at no more than sixty-two (62), with the exact number to be set by the Board of Trustees from time to time; now, therefore, be it

RESOLVED, That the Board of Trustees of the Fine Arts Museums of
San Francisco does hereby set the number of Trustees at forty-one (41) until such number is changed by this Board.

On motion, duly seconded, there was no further discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to adopt the above resolution as Board Resolution 1666.

V.

Report of the President – Diane B. Wilsey

A. Consideration and Possible Action to Approve the Minutes of the
April 16, 2009 Meeting of the Board of Trustees

There being no discussion among the Trustees or members of the public, the
minutes of the April 16, 2009 meeting of the Board of Trustees, having been mailed in advance to all Trustees, were unanimously approved.

B. Consideration and Possible Action to Approve One Additional Gift of Art Recommended by the Acquisitions Committee at its March 5, 2009 Meeting – George Hecksher, Vice President for Collections and Chair of the Acquisitions Committee

In the absence of George Hecksher, Vice President for Collections and Chair of the Acquisitions Committee, John E. Buchanan, Jr., Director of Museums,
reported on a proposal from a retired Trustee, who passed away in early January 2009, to gift Girl with Towel by Elmer Bischoff to the Fine Arts Museums Foundation.  Agreement was recently reached with his wife to finalize the proposal.  Mr. Buchanan noted that Elmer Bischoff is not well represented in the permanent collection, and the acquisition of Girl with Towel becomes an important companion to Bischoff’s Yellow Lampshade and is significant to the development of the American Art collection. 

On motion, duly seconded, there was no discussion among the Trustees.   There was no public testimony.  The Board of Trustees voted unanimously to approve the following gift of art to the Fine Arts Museums Foundation as recommended by the Acquisitions Committee at its March 5, 2009 meeting:

Elmer Bischoff (American, 1916-1991)
Girl with Towel, 1960

C. Consideration and Possible Action to Approve the Report of the May 27, 2009 Acquisitions Committee Meeting – George Hecksher, Vice President for Collections and Chair of the Acquisitions Committee

Mr. Buchanan then provided the report of the May 27, 2009 meeting of the Acquisitions Committee of the Fine Arts Museums Foundation. 

Purchases

Two purchases, which were on view at the meeting, were presented as follows: 

American Art

In the absence of Timothy Anglin Burgard, Curator of American Art,
Mr. Buchanan discussed The Last Civil War Veteran, 1961, by Larry Rivers (American, 1923-2002) for purchase approval.  This painting represents a significant addition to the post-1945 collection of American paintings, an important collection area that is currently underrepresented.  Rivers is widely acknowledged as one of the earliest and most influential pioneers of the American Pop Art movement.  The Last Civil War Veteran is part of his renowned and ambitious cycle of Civil War paintings and is considered one of the artist’s top five iconic works.  Mr. Buchanan presented an issue of Life magazine (May 11, 1959) that included an article entitled “The Last Survivor of the Civil War” and the original source photograph for the painting. 

Prints and Drawings

Karin Breuer, Curator, Achenbach Foundation for Graphic Arts presented
5 3’s 10, 2007 by Brice Marden (American, b. 1938), for purchase approval.  Marden is considered one of the most important artists of his generation.  This drawing reflects the artist’s interest in the study of Japanese and Chinese calligraphy, the shapes found in the reflection of water, and the organization of Chinese poetry.  Appreciation was extended to a Trustee, who has generously made this purchase possible in memory of her husband, also a former Trustee.

The two purchases noted above are listed on page 1 of Appendix I of these
minutes.

2. Gifts

Mr. Buchanan particularly noted a number of artworks gifted to the Museums
including: 

The remaining 50% partial interest gift in Her Worry, 1985, by William Wiley (American, b. 1937). 
The remaining 80% partial interest gift in The Rocks at Kasr es Saad, 1856, by Edward Lear (British, 1812-1888). 
The remaining 50% partial interest gift in Aberica #8, 1989, by Manuel Neri (American, b. 1930). 
21 screenprints from artist Michael Schwab (American, b. 1952). 
6 color offset lithograph posters from artist David Lance Goines (American b.1945). 
A gift of 34 photographs, including works by Berenice Abbott, Richard Avedon, Anton Bruehl, Robert Frank, and Lewis Wickes Hine. 
A bequest of 22 drawings, including one work by Alexander Calder and 3 works by Alexandre Benois. 
2 Textiles gifts, Evening ensemble (bodice and skirt) by Yves Saint Laurent and “Scandal Suit” by Margit Fellegi.

Mr. Buchanan expressed sincere appreciation to all donors.  The gifts offered
to the Museums by the Fine Arts Museums Foundation are listed on pages 3 through 8 of Appendix I of these minutes.

3. Funded Purchases

The subsequent funded purchases were discussed by Mr. Buchanan:

American Art

Sightings: The Ecology of an Art Museum, 2008, by Shimon Attie (American, b. 1957).  This three-channel video installation is a byproduct of the Annenberg Foundation sponsored Collection Connections exhibition by the same title, which was displayed at the de Young Museum from October 28, 2008 through February 8, 2009.  It was generously funded by the Annenberg Foundation Endowment Fund for Connections Projects; each Annenberg funded project results in an acquisition from the exhibiting artist.

Prints and Drawings

View of Arch Street, Boston, 2008; Self (03), Brookline, 2008; and Self (18), Brookline, 2009, by Nicholas Nixon (American, b. 1947).  These gelatin silver prints were generously funded by the Achenbach Graphic Arts Council.

On motion, duly seconded, the Acquisitions Committee voted unanimously to recommend the funded purchases to the Board of Trustees for purchase approval as listed on page 2 of Appendix I of these minutes.

4. First Step Deaccessioning

The 233 Textile objects proposed for first step deaccessioning include costumes, quilts, patterns and fabric samples and are listed on page 9 of Appendix I of these minutes.

5. Second Step Deaccessioning

Mr. Buchanan noted that, as required by Board policy, the Acquisitions Committee viewed the objects proposed for second step deaccessioning at its May 27, 2009 meeting.  The artworks recommended for second step deaccessioning are listed on page 10 of Appendix I of these minutes and include the following:
  
12 American Art Works

101 European Decorative Arts Objects (including 56 Sculptures, 43 Decorative Arts Objects and 2 Oriental Art Objects)

28 Duplicate Works on Paper

The following resolution was introduced:

RESOLVED, That the Board of Trustees of the Fine Arts Museums of
San Francisco does hereby approve the appended May 27, 2009 report of the Acquisitions Committee of the Fine Arts Museums Foundation, including approval of the works of art acquired through purchase, donation, and bequest as gifts to the Fine Arts Museums of San Francisco from the Fine Arts Museums Foundation; and approval of first step and second step deaccessioning.

On motion, duly seconded, there was no further discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to adopt the above resolution as Board Resolution 1667.

VI.

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

A. Consideration and Possible Action to Approve Loan Requests

Mr. Buchanan presented the following loan requests:

1. From:Réunion des musées nationaux, Paris France

For: Pierre-Auguste Renoir (1841-1919), les dernières années
Galeries nationales du Grand Palais, Paris, France:  9/21/09 – 1/4/10
Los Angeles County Museum of Art, Los Angeles:  2/10/10 – 5/9/10
Philadelphia Museums of Art, Philadelphia:  6/10/10 – 9/5/10

Pierre-Auguste Renoir (French, 1841-1919)
Landscape at Beaulieu, ca. 1893
Oil on canvas, 25 5/8 x 31 7/8 (65.1 x 81 cm)
Fine Arts Museums of San Francisco, Museum purchase,
Mildred Anna Williams Collection
1944.9

Stipulations:The painting must be accompanied by a FAMSF courier to Paris and from Philadelphia.  Courier required between venues.  All related expenses will be paid by the requesting organization.

2. From:Denver Art Museum, Denver, CO

For: Van Gogh’s Awakening: Antwerp, Paris, Arles
Denver Art Museum:  12/1/12 – 2/1/13

Vincent van Gogh (Dutch, 1853-1890)
Shelter on Montmartre, ca. 1886
Oil on canvas, 14 x 10 ¾ (35.6 x 27.3 cm)
Fine Arts Museums of San Francisco, Bequest of Frederick J. Hellman
1965.28

Stipulations:The painting must be accompanied by a FAMSF courier to and from Denver.  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.  There was no public testimony.  The Board of Trustees voted unanimously to approve the loans subject to the conditions stated.

B. Consideration and Possible Action to Change Certain Wedding/
Private Facility Rental Fees Effective July 1, 2009 at the de Young Museum and Legion of Honor – Patricia Lacson, Director of Facilities

At the request of Mr. Buchanan, Patricia Lacson, Director of Facilities, presented the proposed changes to certain wedding/private rental facility fees at the Legion of Honor and de Young Museum effective July 1, 2009.  The following proposed facility rental fees better accommodate private rental clients and will not affect corporate rentals. 

LEGION OF HONOR

DE YOUNG MUSEUM

On motion, duly seconded, there was no discussion among the Trustees.   There was no public testimony.  The Board of Trustees voted unanimously to approve the above changes to certain Wedding/Private Facility Rental Fees at the Legion of Honor and de Young Museum, effective July 1, 2009.

C. Consideration and Possible Action to Adopt a Resolution to Transfer Funds in the Admission Fund for the Fiscal Year 2009-2010

Mr. Buchanan introduced the following resolution to transfer funds in the admission fund for fiscal year 2009-2010 to reimburse the Corporation of the Fine Arts Museums 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 2009-2010;
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 further discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to adopt the above resolution as Board Resolution 1668.

D. 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, 2009

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 January 1 through March 31, 2009.

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; 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 $8,003,823 expended by the Corporation of the Fine Arts Museums for operations during the period January 1 through March 31, 2009.

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 1669.

E. Consideration and Possible Action to Adopt a Resolution Acknowledging a Bequest of Funds Received During the Period January 1 through
March 31, 2009

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 subsequent bequest of funds received by the Museums during the period January 1 through March 31, 2009.

RESOLVED, That the Board of Trustees of the Fine Arts Museums of                 San Francisco does hereby acknowledge the following bequest of funds received      during the period January 1 through March 31, 2009:

Estate of Frederic H. Pickrell, $42,032.86

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 1670.

VII.

Public Comment

Members of the public may address the Board of Trustees on items that
are within the subject matter jurisdiction of the Fine Arts Museums of San Francisco.  Speakers may address the Board of Trustees for up to three minutes; the President
or the Board of Trustees may limit the total comment to thirty minutes.  There was no public comment.

VIII.

Meeting Schedule, Future Events, and Current and Future Exhibits

A. 2009 Board of Trustees Meetings

B. 2009 Executive Committee Meetings

C. Future Events

D. Current and Future Exhibitions[1]

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 4:25 p.m.
Respectfully submitted,



Judy Gough
Executive Secretary



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

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