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Meeting Information



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FINE ARTS MUSEUMS OF SAN FRANCISCO

Board of Trustees
October 9, 2003


I.

Calling of the Meeting to OrderDiane B. Wilsey, President

 

 

 

A meeting of the Board of Trustees of the Fine Arts Museums of San Francisco was held on Thursday, October 9, 2003, 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.

President Wilsey presided; Mrs. Gough acted as Secretary.

 

 

II.

Calling of the Roll

 

 

 

The following Trustees were present:

Del M. Anderson
Cheryl H. Bancroft
Alvin H. Baum, Jr.
Shelby W. Bonnie
T. Robert Burke
Barbara B. Carleton
Iris S. Chan
Marion Moore Cope
Molly Murphy Crowley
Richard P. Essey
Richard H. Finn
Morgan Flagg
Karen B. Francois
Dr. Rupert Garcia
George Hecksher
Diane B. Lloyd-Butler, Vice President/Marketing and Communications
Nion McEvoy
J. Alec Merriam, Vice President
Marianne H. Peterson
Shelagh Rohlen, Vice President/Annual Support
Randolph R. Scott, Vice President/Audience Development and Civic Affairs
Burl A. Toler, Sr.
Trevor D. Traina
Nancy Willis
Diane B. Wilsey, President

 

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

Arlene Ackerman
Constance Goodyear Baron
Barnaby Conrad III
Harrison S. Fraker, Jr.
John A. Friede
Richard N. Goldman
Nancy B. Hamon
Jacqueline Hoefer
Beverly James
Stephen L. Johnson
William R. Kimball
Nancy McBean
Lorna F. Meyer
Josie Mooney
Robert P. Morrow III
Joy Ou
Michael H. Podell
Louise H. Renne
Jeanne Robertson
George Saxe
Vivian Fei Tsen
Carlos Villa
Lonna Wais
David Winton

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

Mayor Willie L. Brown, Jr.
John Murray, President, Recreation and Park Commission

Other Trustees in attendance were:

Leonard E. Kingsley
Sylvia Kingsley
Gail Merriam

 

Report of the President – Diane B. Wilsey

 

A. Consideration and Possible Action to Approve the Minutes of the September 11, 2003 Executive Committee Meeting

There being no discussion among the Trustees or members of the public, the minutes of the September 11, 2003 meeting of the Board of Trustees, having been mailed in advance to all Trustees, were unanimously approved.

 

B. Consideration and Possible Action to Approve the Report of the Acquisitions Committee of The Fine Arts Museums Foundation of September 22, 2003 Including Accepting the Works of Art Acquired through Purchase, Donation, and Bequest as Gifts to the Fine Arts Museums of San Francisco; Approving One Work of Art Acquired Through Purchase and One Gift of Art as Gifts to The Fine Arts Museums Foundation for Loan to the Fine Arts Museums of San Francisco; Approving the Resolution to Accession Seven Works of Art and Sell Fifty-Three Works of Art on Loan to the Fine Arts Museums of San Francisco in Accordance with the California Abandoned Property Status; and Approving the Works of Art Recommended for First Step Deaccessioning  – J. Alec Merriam, Chair, Acquisitions Committee of The Fine Arts Museums Foundation

1. Purchases – Acceptance of Gifts of Works of Art from The Fine Arts Museums Foundation

Chair Merriam reported that the Acquisitions Committee at its September 22nd meeting recommended the purchase of a painting by Joan Brown, Untitled (Noel and Bob the Dog), 1964.  The Acquisitions Committee authorized the Director of Museums to submit a purchase proposal to the dealer and to finalize funding negotiations to acquire this painting.  The Acquisitions Committee also recommended a commissioned work of art for the sculpture garden of the New de Young Museum.  [Skyspace] by James Turrell, a chamber with a geometric occulus open to the sky, will be completed in 2005 prior to the opening of the New de Young.  Seed money for this commissioned light sculpture was provided by the Friends of New Art; funds will be raised for the construction and installation costs.  These two works of art are listed as Items 1 and 2 on page 1 of Appendix I of these minutes.

In addition, one work of European art, Scent Bottle, ca. 1750; six works of art for the Prints and Drawings Department including Home:  605 O’Farrell Street, San Francisco and Heartease, Menlo Park, 1880, by Eadweard Muybridge; and one Textile, Girl’s dress, late 19th – early 20th century; listed as Items 3 through 10 on page1 of Appendix I of these minutes, were also recommended for purchase.  A motion was made and seconded to approve and accept the purchases listed as Items 1 through 10 on page1 of Appendix I of these minutes as gifts to the Museums offered by The Fine Arts Museums Foundation.  There was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to approve and accept these purchases as gifts of art from The Fine Arts Museums Foundation.

2. Gifts Offered to the Museums

Chair Merriam reported on the following gifts:  a) a collection of twenty-nine teapots by notable ceramic artists; b) a gift of 38 works on paper; c) seven kilims from Turkey, Anatolia, d) “La Multirobe K” Puzzle Dress with storage box, France, ca. 1970; e) Ceremonial Robe (chijiri), Japan, Hokkaido, Ainu people; and f) Rain cape, ca. 1890, from China.  A motion was made and seconded to approve and accept the gifts offered to the Museums.  There was no discussion among 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 7 of Appendix I of these minutes.

3. Bequest of Three Works on Paper Offered to the Museums

The Board of Trustees expressed sincere appreciation to the decedent for the generous bequest of the following three works on paper:  a) Katydid Lane, early 20th century by Frederick Childe Hassam; b) Moscow, 1925, by Diego Rivera; and c) Untitled (Kremlin, Moscow), 1928, by Diego Rivera.  A motion was made and seconded to approve and accept this bequest.  There was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to accept the bequest of these three works on paper offered to the Museums by The Fine Arts Museums Foundation, listed on page 8 of Appendix I of these minutes.

4. Loan of Two Works of Art from The Fine Arts Museums Foundation
to the Fine Arts Museums of San Francisco

The Board of Trustees voted unanimously to accept the loan of works of art from the Fine Arts Museums Foundation to the Fine Arts Museums of San Francisco, listed on page 9 of Appendix I of these minutes.

5. Resolution to Accession Seven Works of Art and Sell Fifty-Three Works of Art in Accordance with the California Abandoned Property Statute

Upon the recommendation of the Acquisitions Committee, a motion was made and seconded to approve the resolution to accession seven works of art and sell fifty-three works of art in accordance with the California Abandoned Property Statute.  There was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to approve the resolution on page 10 of Appendix I of these minutes.

6. First Step Deaccessioning

A motion to approve first step deaccessioning was made and seconded for the works of art listed on page 11 of Appendix I of these minutes as follows:  a) American Art, first step, 5 paintings and 1 decorative arts object; and b) Textiles, first step, 679 objects.  There was no discussion among Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to approve first step deaccessioning for the works of art listed on page 11 of Appendix I of these minutes.

7. Purchases Reported for the Record

These objects are listed on pages 12 through 14 of Appendix I of these minutes.

Chair Merriam introduced the following resolution:

RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby approve the appended September 22, 2003 Report of the Acquisitions Committee of The Fine Arts Museums Foundation, including approving works of art acquired through purchase, donation, and bequest as gifts from The Fine Arts Museums Foundation; approving one work of art acquired through purchase and one gift of art as gifts to The Fine Arts Museums Foundation for loan to the Fine Arts Museums of San Francisco; approval of the resolution to accession seven works of art and sell fifty-three works of art on loan to the Fine Arts Museums of San Francisco in accordance with the California Abandoned Property Status; and approval of the works of art recommended for first step deaccessioning.

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 1446.

 

C. Consideration and Possible Action to Adopt a Resolution Honoring Diane Buchanan and Alfred Spalding Wilsey for Their Generosity in Support of the New de Young Museum in Golden Gate Park and Naming the Diane  Buchanan and Alfred Spalding Wilsey Court in the New de Young Museum

President Wilsey acknowledged with gratitude the generosity of many donors in support of the New de Young Museum in Golden Gate Park.  The building of the New de Young Museum is proceeding on time and is approximately at the mid-point in the construction schedule.  In accordance with the Museums’ donor recognition policy, it is important at this time to recognize donors who have made significant gifts to the New de Young Museum and to name certain spaces in the Museum in their honor.

Mr. Parker read the following resolution honoring Diane Buchanan and Alfred Spalding Wilsey:

WHEREAS, The building of the New de Young Museum in Golden Gate Park is the highest institutional priority of the Board of Trustees; and

WHEREAS, The Museums have called upon individuals, deeply committed to philanthropy and the public good, to achieve the ambitious Capital Campaign goal to fund the New de Young Museum through private sources; and

WHEREAS, Diane Buchanan and Alfred Spalding Wilsey have generously provided funds for the main court in the New de Young Museum; and

WHEREAS, The prominent main court at the heart and core of the New de Young Museum is a grand public space offering views of the galleries and an orientation to the entire New de Young Museum; now, therefore, be it

RESOLVED, That the Board of Trustees, in accordance with the Museums’ donor recognition policy, does hereby name the Diane Buchanan and Alfred Spalding Wilsey Court of the New de Young Museum in honor of Diane Buchanan and Alfred Spalding Wilsey; and, be it

FURTHER RESOLVED, That the Board of Trustees expresses its lasting gratitude to Diane Buchanan and Alfred Spalding Wilsey for their extraordinary generosity and leadership in support of the New de Young Museum, which will enhance the cultural opportunities presented to the citizens of San Francisco and the Bay Area for generations to come.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Board of Trustees expressed heartfelt appreciation to Diane Buchanan and Alfred Spalding Wilsey with a round of applause and voted unanimously to adopt the above resolution as Board Resolution 1447.

 

D. Consideration and Possible Action to Adopt a Resolution Honoring Bernard and Barbro Osher for Their Generosity in Support of the New de Young Museum in Golden Gate Park and Naming the Barbro Osher Sculpture Garden of the New de Young Museum

President Wilsey advised that, in accordance with the Museums’ donor recognition policy, Bernard and Barbro Osher have made a significant gift to the New de Young Museum, and it is proposed that the Sculpture Garden of the New de Young Museum be named in honor of Barbro Osher.  She read the following resolution.

WHEREAS, The building of the New de Young Museum in Golden Gate Park is the highest institutional priority of the Board of Trustees; and

WHEREAS, The Museums have called upon individuals, deeply committed to philanthropy and the public good, to achieve the ambitious Capital Campaign goal to fund the New de Young Museum through private sources; and

WHEREAS, Bernard Osher has generously provided funds in honor of Barbro Osher for the New de Young Museum sculpture garden; and

WHEREAS, The sculpture garden will provide for the display of significant works of sculpture in a natural setting; now, therefore, be it

RESOLVED, That the Board of Trustees, in accordance with the Museums’ donor recognition policy, does hereby name the Barbro Osher Sculpture Garden of the New de Young Museum in honor of Barbro Osher; and, be it

FURTHER RESOLVED, That the Board of Trustees expresses its lasting gratitude to Bernard and Barbro Osher for their extraordinary generosity and leadership in support of the New de Young Museum, which will enhance the cultural opportunities presented to the citizens of San Francisco and the Bay Area for generations to come.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Board of Trustees expressed heartfelt appreciation to Bernard and Barbro Osher and voted unanimously to adopt the above resolution as Board Resolution 1448.

 

E. Consideration and Possible Action to Adopt a Resolution Honoring Bernard and Barbro Osher for Their Generosity in Support of the New de Young Museum in Golden Gate Park and Naming the Bernard and Barbro Osher Wing in the New de Young Museum

President Wilsey advised that, in accordance with the Museums’ donor recognition policy, Bernard and Barbro Osher have made an additional, significant gift to the New de Young Museum, and it is proposed that a wing in the New de Young Museum be named in their honor.   She read the following resolution.

WHEREAS, The building of the New de Young Museum in Golden Gate Park is the highest institutional priority of the Board of Trustees; and

WHEREAS, The Museums have called upon individuals, deeply committed to philanthropy and the public good, to achieve the ambitious Capital Campaign goal to fund the New de Young Museum through private sources; and

WHEREAS, Bernard and Barbro Osher have generously provided funds for a wing in the New de Young Museum; and

WHEREAS, The wing will provide for the display of significant works of 20th and 21st century art; now, therefore, be it

RESOLVED, That the Board of Trustees, in accordance with the Museums’ donor recognition policy, does hereby name the Bernard and Barbro Osher Wing in the New de Young Museum in honor of Bernard and Barbro Osher; and, be it

FURTHER RESOLVED, That the Board of Trustees expresses its lasting gratitude to Bernard and Barbro Osher for their extraordinary generosity and leadership in support of the New de Young Museum, which will enhance the cultural opportunities presented to the citizens of San Francisco and the Bay Area for generations to come.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Board of Trustees expressed heartfelt appreciation to Bernard and Barbro Osher and voted unanimously to adopt the above resolution as Board Resolution 1449.

 

F. Consideration and Possible Action to Adopt a Resolution Honoring Mary Ann and Steven MacGregor Read for Their Generosity in Support of the New de Young Museum in Golden Gate Park and Naming the Mary Ann and Steven MacGregor Read Family Gallery in the New de Young Museum

President Wilsey advised that, in accordance with the Museums’ donor recognition policy, Mary Ann and Seven MacGregor Read have made a significant gift to the New de Young Museum, and it is proposed that a gallery in the New de Young Museum be named in their honor.  She read the following resolution.

WHEREAS, The building of the New de Young Museum in Golden Gate Park is the highest institutional priority of the Board of Trustees; and

WHEREAS, The Museums have called upon individuals, deeply committed to philanthropy and the public good, to achieve the ambitious Capital Campaign goal to fund the New de Young Museum through private sources; and

WHEREAS, Mary Ann and Steven MacGregor Read have generously provided funds for a gallery in the New de Young Museum; and

WHEREAS, The gallery will provide for the display of significant works of American Art; now, therefore, be it

RESOLVED, That the Board of Trustees, in accordance with the Museums’ donor recognition policy, does hereby name the Mary Ann and Steven MacGregor Read Family Gallery in the New de Young Museum in honor of Mary Ann and Steven MacGregor Read; and, be it

FURTHER RESOLVED, That the Board of Trustees expresses its lasting gratitude to Mary Ann and Steven MacGregor Read for their extraordinary generosity and leadership in support of the New de Young Museum, which will enhance the cultural opportunities presented to the citizens of San Francisco and the Bay Area for generations to come.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Board of Trustees expressed heartfelt appreciation to Mary Ann and Steven MacGregor Read and voted unanimously to adopt the above resolution as Board Resolution 1450.

 

G. Consideration and Possible Action to Adopt a Resolution Honoring William and Gretchen Kimball for Their Generosity in Support of the New de Young Museum in Golden Gate Park and Naming the William and Gretchen Kimball Gallery in the New de Young Museum

President Wilsey advised that, in accordance with the Museums’ donor recognition policy, William and Gretchen Kimball have made a significant gift to the New de Young Museum, and it is proposed that a gallery in the New de Young Museum be named in their honor.  She read the following resolution.

WHEREAS, The building of the New de Young Museum in Golden Gate Park is the highest institutional priority of the Board of Trustees; and

WHEREAS, The Museums have called upon individuals, deeply committed to philanthropy and the public good, to achieve the ambitious Capital Campaign goal to fund the New de Young Museum through private sources; and

WHEREAS, William and Gretchen Kimball have generously provided funds for a children’s gallery in the New de Young Museum; and

WHEREAS, The gallery will provide a space in the New de Young Museum to coordinate and promote the various elements of the Museum’s important education program for children and their families; now, therefore, be it

RESOLVED, That the Board of Trustees, in accordance with the Museums’ donor recognition policy, does hereby name the William and Gretchen Kimball Gallery in the New de Young Museum in honor of William and Gretchen Kimball; and, be it

FURTHER RESOLVED, That the Board of Trustees expresses its lasting gratitude to William and Gretchen Kimball for their extraordinary generosity and leadership in support of the New de Young Museum, which will enhance the cultural opportunities presented to the children of San Francisco and the Bay Area for generations to come.

On motion, duly seconded, there was no discussion among the Trustees.  There was no public testimony.  The Board of Trustees expressed heartfelt appreciation to William and Gretchen Kimball and voted unanimously to adopt the above resolution as Board Resolution 1451.

 

H. Report on Recent Developments Regarding the Plans to Build the New de Young Museum in Golden Gate Park

1. Report on the New de Young “Topping Off” Celebration on October 18, 2003, Generously Sponsored by Union Bank of California

President Wilsey advised that this matter would be addressed as part of the Board of Trustees meeting of the Corporation of The Fine Arts Museums, immediately following this meeting.

Status Report on the Concourse Authority Underground Parking Facility and Impact on the Opening of the New de Young Museum in Golden Gate Park

At the request of President Wilsey, Trustee T. Robert Burke provided a status report on the Concourse Authority Underground Parking Facility.  Trustee Burke is a member of the Board of Directors of the Music Concourse Community Partnership (MCCP), a non-profit public benefit corporation formed and existing for the primary purpose of funding, designing, constructing and operating the underground parking facility.

Trustee Burke reported that the underground parking facility project is comprised of two underground garages, each holding 400 cars on two levels.  The north and south garages would serve the New de Young Museum and California Academy of Sciences, respectively.  An equivalent number of surface parking spaces (800) would be eliminated thus improving conditions above ground.  The financing of the underground parking facility will be accomplished through private contributions and a bond issue; there is no public financing involved in the construction of the garage. 

Planning for the garage project is moving forward.  The San Francisco Planning Commission certified the Final Environmental Impact Report (FEIR) on July 24, 2003.  The Board of Supervisors held an appeal hearing on the FEIR on September 16, 2003 and voted to uphold the certification decision of the Planning Commission.  On October 14, 2003, the Golden Gate Park Concourse Authority is expected to take action to approve a lease with the City pertaining to the space under the Concourse bowl, which will allow the construction to proceed.  The lease is scheduled to be submitted to the Board of Supervisors for approval at its meeting on October 22, 2203.  If the Board of Supervisors takes action to approve the lease document, all necessary approvals will have been obtained in order for the construction to begin.

Site mobilization and shoring and excavation are scheduled for 2004.  The project would then proceed with foundation and structural work, interior finishing, and ultimate completion planned to be in time for the opening of the New de Young Museum in 2005.

Trustee Burke was thanked for his report.

Report on the Letter to the Golden Gate Park Concourse Authority Dated September 11, 2003 Emphasizing the Critical Importance of Access to the New de Young Museum in Golden Gate Park

President Wilsey emphasized the critical importance of the underground parking facility to the operation of the New de Young Museum.  At a minimum, the north garage pod in front of the Museum must be completed in time for the opening of the Museum in mid-2005.

Access to the New de Young has been a long-standing concern of the Board of Trustees.  It was noted that almost five years ago, the Board of Trustees at its October 15, 1998 meeting adopted a resolution supporting the efforts of the Concourse Authority to implement the Golden Gate Park Revitalization Act (Proposition J), as soon as possible, particularly those elements of the plan which guarantee access to the de Young Museum.  It was pointed out that guaranteed visitor access was the prerequisite for building a New de Young Museum in Golden Gate Park.

Recent efforts by special interest groups to restrict or eliminate vehicular traffic in the Concourse is a concern.  It was clarified that the intent of Proposition J was to enhance access to the de Young Museum and the California Academy of Sciences while at the same time creating a “pedestrian oasis.”  The removal of above ground parking, traffic calming measures, additional pedestrian, bicycle and multi-use paths, and an increase in green space, will serve to significantly reduce automobile traffic in the Concourse and establish a pedestrian oasis.

President Wilsey reported that the appended letter was sent to Michael Ellzey, Chief Executive Officer of the Golden Gate Park Concourse Authority.  It states the critical importance of access to the New de Young Museum in Golden Gate Park and particularly emphasizes that visitor drop-off access to the front of the New de Young is imperative.  At its meeting on September 11, 2003, the Executive Committee was firm in its support of the content of the letter.

 

I. Report on the Cancellation of the November 13, 2003 Meeting of the Executive Committee

President Wilsey reported that the November 13, 2003 meeting of the Executive Committee has been canceled.

IV.

Director’s ReportHarry S. Parker III

 

A. Presentation on Planning for the American Art Galleries in the New de Young Museum – Timothy Anglin Burgard, Curator of American Art

At the request of Mr. Parker, Timothy Anglin Burgard, Curator of American Art, presented plans for the American Art galleries in the New de Young Museum.  Mr. Burgard noted that as the construction of the building moves forward, planning for the installation of works of art inside the New de Young Museum continues.  The American Art galleries will feature paintings from the pre-1900 Rockefeller Collection by George Caleb Bingham, John Singleton Copley, John Singer Sargent, and others.  The 20th and 21st century collection includes major works by artists such as John Marin, Richard Diebenkorn, Claes Oldenburg, Mark Rothko, Robert Motherwell, and Willem de Kooning. 

Mr. Burgard noted that the American Art collection now includes an equal number of pre-1900 and 20th-21st century works .  Approximately one-third of the paintings to be exhibited in the New de Young Museum have been acquired since 1988.  The New de Young Museum will represent the unique character and history of the de Young Museum, the art of the Bay Area and California, and the Museum’s national and international aspirations.

Two scale models of the Colonial gallery and the trompe l’oeil gallery, with scaled images of the works of art planned for each gallery, were viewed.  The ability to generate groupings of images of works of art to scale, through the use of the Museums’ collections database, has been instrumental in the planning of the galleries.  The Colonial gallery includes works by John Singleton Copley, Benjamin West, and Edward Trumbull, as well as an array of decorative arts including a 17th century Marshfield low chest, a Chippendale Philadelphia high chest, and an 1800 chest of drawers.  The trompe l’oeil gallery features works by John Frederick Peto and William Michael Harnett,  The historical collections will be viewed in second floor galleries  where the wood floors, wall colors, and decorative arts casework are reflective of the 19th century.  In the American Art galleries on the main level, stone pavers and white walls are more sympathetic to the works of art created most especially by post-World War II artists.

 

B. Consideration and Possible Action to Approve Documents Granting Certain Easements, Licenses or Other Property Rights Which May Be Necessary to Facilitate the Construction, Operation and Location of a Parking Facility Under the Golden Gate Park Music Concourse Because Such Parking Facility May Encroach on Property Under the Jurisdiction of the Fine Arts Museums of San Francisco

Mr. Parker recalled that the Board of Trustees at its June 26, 2003 meeting adopted a resolution authorizing the Director of Museums to develop and negotiate documents granting certain easements, licenses or other property rights, which may be necessary to facilitate the construction, operation and location of a parking facility under the Golden Gate Park Music Concourse.  This action was necessary because the rectangular garage located under the front lawn of the New de Young Museum on Teagarden Drive may encroach on property under the jurisdiction of the Fine Arts Museums.

At the request of Mr. Parker, Deborah Frieden, Director of the New de Young Museum Project, presented a schematic illustrating the garage pods in front of the New de Young Museum and the California Academy of Sciences, a tunnel connecting the two parking pods, and a tunnel to Tenth Avenue, the primary entrance to the underground parking facility.  The tunnel entrance and most of the north pod are situated on property under the jurisdiction of the Fine Arts Museums of San Francisco (FAMSF).  In the garage plan, the south moat wall of the New de Young Museum will be removed and replaced with an underground parking garage wall.  On the surface of the de Young grounds, three air intake grills will be installed, as well as an exhaust stack near a berm of existing tall trees in close proximity to John F. Kennedy Drive, where street noise and car exhaust are already present. 

Deputy City Attorney Virginia Elizondo presented the appended executive summary of the Reciprocal Easement between the Fine Arts Museums and the Music Concourse Community Partnership (Attachment 1).  The easement agreement is a companion document to the lease between the Golden Gate Park Concourse Authority and the City for the space under the Concourse bowl.  The term of the agreement is concurrent with the thirty-five year term of the lease.  Through the agreement, FAMSF will provide MCCP:  a) the right to use, operate, maintain, inspect, and repair the underground parking facility, including the exhaust stacks, air intake facilities, ventilation tunnels and shafts on FAMSF property; b) vehicular ingress and egress to the 10th Avenue entry tunnel and any portions of the connector tunnel that may be located on FAMSF property; and c) pedestrian ingress, egress and access to the Museum walkway between the underground parking facility and the Museum.

The MCCP will provide FAMSF:  a) the right to reasonable approval of plans for the underground parking structure that will either affect the Museum structure, the Museum walkway, or be visible on the surface of FAMSF property; b) a permanent support easement for the forecourt foundation wall; c) a non-exclusive right to use the underground parking facility including the Museum pathway and the connector tunnel; and d) reasonable protections against interference by the operation of the underground parking facility with the operations of the Museum.  Any easement granted to MCCP shall not unreasonably interfere with the use and operation of FAMSF property, and MCCP shall assume any liability and shall indemnify FAMSF, and any of its tenants, for any damage associated with the construction and operation of the underground parking facility.

Mr. Parker introduced Deputy City Attorney Kate Stacy, who reviewed the proposed resolution, which reiterates the authority previously granted to the Director of Museums to negotiate and enter into all Easement Documents to facilitate the location, construction and operation of the underground parking facility.  Ms. Stacy advised that the Board of Trustees in approving the proposed resolution would also act to adopt by reference the California Environmental Quality Act (CEQA) findings, previously approved by the Concourse Authority.  On July 24, 2003 by Motion No. 16620, the San Francisco City Planning Commission adopted findings related to the certification of the FEIR for the Golden Gate Park Concourse Authority projects, located between the California Academy of Sciences and the New de Young Museum (appended as Attachment 2).  The Concourse Authority adopted the CEQA findings (appended as Attachment 3) on August 12, 2003 when it approved the Final Environmental Impact Report (FEIR) for the underground parking facility.  Ms. Stacy pointed out that CEQA law applies to any discretionary decision by a public body to approve any portion of a project.  The Board of Trustees, therefore, in approving the easement document, which permits the underground parking facility to be built, is required to consider the environmental consequences and adopt the CEQA findings.

The following resolution authorizing the Director of Museums to negotiate and enter into all Easement Documents to facilitate the location, construction, and operation of the underground parking facility, and adopting the CEQA findings pertaining to the underground parking facility, was introduced:

WHEREAS, The voters of the City and County of San Francisco approved an initiative ordinance, known as Proposition J on June 2, 1998, called the “Golden Gate Park Revitalization Act of 1998” (S.F. Administrative Code Appendix 41) (the “Act”) authorizing, among other things, the construction of an underground parking facility containing approximately 800 parking spaces, associated entrances/exits, and related improvements under the Music Concourse area of Golden Gate Park (the “Facility”); and

WHEREAS, The Act authorized the Golden Gate Park Concourse Authority (the “GGPCA”) to construct and operate the Facility; and

WHEREAS, The Facility will be located on properties under the jurisdiction of the GGPCA and the Recreation and Park Commission (“RPC”), and the Fine Arts Museums of San Francisco (“FAMSF”); and

WHEREAS, The Music Concourse Community Partnership (“MCCP”) is a nonprofit public benefit corporation formed and existing for the primary purpose of funding, designing, constructing and operating the Facility; and

WHEREAS, A Ground Lease will be executed between GGPCA, RPC and MCCP to provide for the construction and operation of the Facility located on the property under the jurisdiction of GGPCA and RPC; and

WHEREAS, A reciprocal easement agreement (the “Easement”) between FAMSF and MCCP is necessary to authorize the construction and operation of the Facility on property under the jurisdiction of FAMSF, as summarized in Attachment 1; and

WHEREAS, On July 24, 2003, the Planning Commission, by Motion No. 16620, certified the Final Environmental Impact Report (“FEIR”) for the Golden Gate Concourse Authority Projects, which include the Facility, related surface improvements, and Transportation Implementation Plan elements (the “Authority Projects”).  A copy of said motion is on file with the Secretary of the Fine Arts Museums Board of Directors (“FAM Board”) and is incorporated herein by reference; and

WHEREAS, The FEIR files and other related departmental files have been available for review by this Board and the public.  The Planning Department files are available at 1660 Mission Street, the FAM Board files are available at 233 Post Street, 6th Floor, and the Board of Supervisors files are available at City Hall, Clerk’s Office, 1 Dr. Carlton B. Goodlett Place.  Those files are part of the record before this Board and are incorporated by reference herein; and

WHEREAS, In reliance on said FEIR certification, the GGPCA, in Resolution No. 03-001 (approved on August 12, 2003):  1) adopted findings in accordance with the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) (“CEQA”) and the CEQA Guidelines (Title 14, California Code of Regulations §§ 15000 et seq.) (“CEQA Guidelines”); 2) approved the Authority Projects; and 3) found such Projects consistent with the Golden Gate Park Master Plan and Concourse Special Area Plan.  A copy of said resolution and its associated attachments are on file with the Sectary of the FAM Board and such documents are incorporated herein by reference; and

WHEREAS, Since the GGPCA action on August 12, 2003, there have been no substantial project changes, no substantial changes in project circumstances, and no new information of substantial importance that would alter the environmental conclusions in the FEIR and necessitate the preparation of a subsequent environmental impact report pursuant to CEQA Guideline section 15162; and

WHEREAS, FAMSF desires to enter into an Easement Agreement and any related documents with MCCP, as described herein, and any additions, amendments, and/or modifications thereto, and any exhibits, opinions, memoranda or other documents related thereto (“Easement Documents”), to be approved as to form by the City Attorney; now, therefore, be it

RESOLVED, That for purposes of this action, this Board adopts the CEQA findings, including the mitigation monitoring and reporting program, set forth in GGPCA Resolution No. 03-001 as its own, and this Board finds that the mitigation measures cited therein are within the jurisdiction of GGPCA or other City agencies and such measures have been, can and should be adopted and implemented by such other agencies; and, be it

FURTHER RESOLved, That the Director of the Museums is hereby authorized to negotiate and enter into all Easement Documents, to facilitate the location, construction, and operation of the Facility.

In response to a question raised by Trustee Baum, Mr. Parker pointed out that the Board of Supervisors approves the parking rates to be charged in any city-owned parking facility.  On motion, duly seconded, there was no further discussion among the Trustees.  There was no public testimony.  The Board of Trustees voted unanimously to adopt the above resolution as Board Resolution 1452.

 

C. Consideration and Possible Action to Adopt a Resolution Acknowledging Funding Expended by the Corporation of The Fine Arts Museums During the Period April 1 through June 30, 2003

Mr. Parker 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 April 1 through June 30, 2003:

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; 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 $3,914,964 expended by the Corporation of The Fine Arts Museums for operations and $20,865,267 for the New de Young Museum in Golden Gate Park during the period April 1 through June 30, 2003.

A motion was made and seconded to adopt the resolution.  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 1453.

 

D. Consideration and Possible Action to Adopt a Resolution Acknowledging That No Bequests of Funds Were Received by the Fine Arts Museums of San Francisco During the Period April 1 Through June 30, 2003

In accordance with the City’s Sunshine Ordinance, bequests received by the Fine Arts Museums must also be disclosed.  Mr. Parker introduced the following resolution acknowledging that no bequests of funds were received by the Museums during the period April 1 through June 30, 2003:

RESOLVED, That the Board of Trustees of the Fine Arts Museums of San Francisco does hereby acknowledge that no bequest of funds were received during the period April 1 Through June 30, 2003.

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 1454.

 

E. Update on the City Budget

Mr. Parker reported that due to lower than projected hotel tax revenues, the Museums took two mid-year budget cuts last fiscal year.  Hotel tax revenues are currently the sole source of City support for the Museums.  For the new fiscal year, which began July 1, 2003, the beginning of an economic recovery and its impact on hotel tax proceeds is being tracked closely.

 

F. Current and Future Exhibits

At the request of Mr. Parker, Krista Davis, Director of Exhibitions and Curator of Degas Sculptures, discussed the exhibition, which opens at the Legion of Honor on October 18th and runs through January 18, 2004.  Degas Sculptures presents an

opportunity to view in a single exhibition all 73 bronze sculptures by the French impressionist master Edgar Degas.  The exhibition explores an aspect of the work of this painter and sculptor whose innovative compositions, skillful drawing, and perceptive analysis of movement made him one of the late 19th-century masters of modern art.  This particular collection comes from the Museu de Arte de São Paulo, Brazil, and is one of only four complete sets of the artist’s bronzes in the world.  The exhibition also addresses the process by which the sculpted figures were posthumously cast in bronze.  Mr. Parker noted that although posthumous casts generally sell for less than lifetime casts, they are accepted in the art world as original and valid works of art.  The exhibition catalogue, Degas Sculptures:  Catalogue Raisonné of the Bronzes, co-edited by Anne Pingeot, Musée d’Orsay curator and Degas scholar, was distributed to the Trustees.

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.  Public comment was received from the following individuals:

Tomasita Medál – Recalled her position paper previously submitted to the Board of Trustees, and strongly urged changes in staffing and Board membership to reflect the diversity of San Francisco.  She stated that the committee to plan for the New de Young, the Acquisitions Committee, and the Nominating Committee do not include a Trustee of color.  Trustees of color are asked to speak before the Board of Supervisors but are not members of these committees.  The price of one Andy Warhol painting could purchase many works by distinguished artists of color.  Ms. Medál concluded her remarks by stating that thirty percent of the population of San Francisco is comprised of Asian/Pacific Islanders.

Adriàn Arias, Video Artist – Proposed the creation of an annual Latin American art event at the Fine Arts Museums involving local, established and emerging Latin American artists.  This would be a venue to show Latin American art.  Collections are important but usually have one point-of-view, one aestheticism, and one sensibility.  He presented a video of the Mission Cultural Center for Latino Arts to Mr. Parker.

Patricia Rodrigues, Gallery Director and Curator, Mission Cultural Center for Latino Arts – Invited Trustees to attend the Dia de los Muertos:  The Passions of the Departed exhibition from November 2 – 26, 2003 at the Mission Cultural Center, 2868 Mission Street, San Francisco.  Encouraged Trustees to make the connection with the vibrant Latino community.  She curates twelve exhibitions a year, works with 600-800 artists in all varieties of exhibitions involving AIDS, the handicapped, children, youth, women, and seniors.  As a City organization, she urged the Museums to consider a permanent exhibition, which will speak directly to diversity and ethnicity in this community.

There was no further public comment.



VI.

Meeting Schedule, Future Events and Current and Future Exhibits

A. Executive Committee Meetings


DateTimeLocation

2003, November 13, 2003noon6th Floor, 233 Post Street / canceled
December 11, 2003, noon, 6th Floor, 233 Post Street

2004, March 11, noon, 6th Floor, 233 Post Street
May 13, noon, 6th Floor, 233 Post Street
September 9, noon, 6th Floor, 233 Post Street
November 11, noon,6th Floor, 233 Post Street
December 9, noon, 6th Floor, 233 Post Street

B. Board of Trustees Meetings


DateTimeLocation

2003, October 9, 20033 p.m.Board Room, Legion of Honor
2004, January 22, 2004, 3 p.m., Board Room, Legion of Honor
April 8, 2004, 3 p.m., Board Room, Legion of Honor
June 10, 2004, 3 p.m., Board Room, Legion of Honor
October 14, 2004, 3 p.m., Board Room, Legion of Honor

C. Future Events

Date, Event

October 15-17, 2003, National Council Meeting
October 16, 2003, Opening of Degas Sculptures
October 18, 2003, New de Young “Topping Off” Ceremony
October 24–November 2, 2003, Museum Associates Trip to Mexico
December 10, 2003, An Elegant Evening in the Court of Honor, Legion
February 12, 2004, Tribal Arts Benefit
March 4, 2004, Opening of Art Deco, 1910-1939
March 16-19, 2004, Bouquets to Art

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

Title, Date, Gallery

Textile Rotation*, 05/03/03-10/26/03, 3/9/9c/hall case
Recent Acquisitions of Artist Books*, 09/06/03-01/18/04, Logan
Reverie and Reality:  Nineteenth Century Photography of India from the Ehrenfeld Collection*, 09/13/03-02/15/04, 1-2
Degas Sculptures, 10/18/03-01/18/04, B-E/Rosekrans
William Bailey Prints and Drawings*, 10/18/03-02/08/04, F
American Accents (to Winterthur, Delaware)*, 10/30/03-01/27/04
Textile Rotation*, 11/01/03-04/25/04, 3/9/9c/hall case
Art Deco, 1910-1939, 03/06/04-07/04/04, 19-14, A-F/Rosekrans
Anderson Print Rotation*, 03/20/04-07/04/04, 1
Bouquets to Art, 03/16/04-03/19/04, All
American Accents (to Charleston, West Virginia)*, 04/02/03-06/20/04
Textile Rotation*, 05/01/04-10/31/04, 3/9/9c/hall-case
Helnwein*07/17/04-11/14/04, 1
Courtly Art of the Ancient Maya*, 09/04/04-01/02/05, A-F/Rosekrans
American Accents (to Athens, Georgia)*, 10/20/04-01/03/05

VII.

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

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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