foundation and it's board is going to be "given" things belonging to "current" Community (and Council representing it), like repositories, domain and name, data from various servers, working units, etc. While I agree, that legally it's quite flexible, at least "good tone" require this takeover to be proceed with respect to regulations of current Community. Which means, via referendum.
But, instead of asking current Council to become initial BoD, I would propose, to make initial BoD full cadence one - after all, they're going to be elected, so no reason for them to resign after two or three months. Makes sense?