HomeMy WebLinkAboutAgenda Packet - LB - 2021.03.16City of Burlingame
BURLINGAME
Meeting Agenda - Final
Library Board of Trustees
Tuesday, March 16, 2021 5:30 PM
BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME, CA 94010
On March 17, 2020, the Governor issued Executive Order N-29-20 suspending
certain provisions of the Ralph M. Brown Act in order to allow for local legislative
bodies to conduct their meetings telephonically or by other electronic means.
Pursuant to the Governor's Executive Order N-33-20 issued on March 19, 2020, and
the CDC's social distancing guidelines which discourage large public gatherings, the
Burlingame Public Library will not be open to the public for the March 16, 2021
Library Board of Trustees Meeting.
Members of the public may view the meeting by logging into the Zoom meeting
below.
Members of the public may provide written comments by email to
publiccomment@burlingame.org.
Emailed comments should include the specific agenda item on which you are
commenting, or note that your comment concerns an item that is not on the agenda.
The length of the emailed comment should be commensurate with the three minutes
customarily allowed for verbal comments, which is approximately 250-300 words. To
ensure that your comment is received and read to the Library Board of Trustees for
the appropriate agenda item, please submit your email no later than 5:00 p.m on
Tuesday, March 16, 2021. The City will make every effort to read emails received
after that time, but cannot guarantee such emails will be read into the record. Any
emails received after the 5:00 p.m. deadline which are not read into the record will be
provided to the Library Board of Trustees after the meeting.
Note that votes are unanimous unless separately noted for the record.
Online
City of Burlingame Page 1 Printed on 311212021
Library Board of Trustees Meeting Agenda - Final March 16, 2021
1. CALL TO ORDER - Online
To Join the Zoom Webinar
Access the meeting by computer:
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Passcode:485830
Access the meeting by phone:
Dial 1-669-900-6833
Meeting ID: 842 9618 5834
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2. ROLL CALL
3. PUBLIC COMMENTS, NON -AGENDA
Members of the public may speak about any item no on the agenda. Members of the public may suggest
an item for a future Library Board of Trustees' agenda may do so during the public comment period. The
Ralph M. Brown Act (the State local agency open meeting law) prohibits Trustees from acting on any
matter that is not on the agenda.
4. APPROVAL OF MINUTES
a. Approval of Library Board of Trustees' Meeting Minutes for February 16, 2021
Attachments: Meeting Minutes
5. CORRESPONDENCE AND INFORMATION
a. February Statistics
Attachments: Children's Statistics
Adult Services Statistics
6. REPORTS
a. City Librarian's Report
Attachments: Report
b. Foundation Report
7. OLD BUSINESS
City of Burlingame Page 2 Printed on 311212021
Library Board of Trustees Meeting Agenda - Final March 16, 2021
a. Silicon Valley Foundation - Investment Strategy Discussion
Attachments: Duncan Trust History
b. Day in the District
8. NEW BUSINESS
a. Dr. Seuss Books
9. ANNOUNCEMENTS
10. ADJOURNMENT
Any writings or documents provided to a majority of the Library Board of Trustees will be
made available for public inspection at the City of Burlingame's website www.burlingame.org.
City of Burlingame Page 3 Printed on 311212021
Burlingame Library
Board of Trustees
February 16, 2021 Minutes
Roll Call
Trustees Present: Kristin Capkin, Danielle Garcia, Randi
Murray, Mike Nagler, Elisabeth Ostrow
Staff Present: Brad McCulley, City Librarian
Sidney Poland, Recorder
Guest: Bill Nagle
II. Library Board of Trustees Minutes
The Trustees unanimously approved the minutes of the
January 19, 2021 Trustee Meeting. M/S/C (Murray/Nagler)
III. From the Floor
No one from the public attended the meeting.
IV. Statistics
Brad advised the Trustees that the Burlingame Library has received a 4
Star Rating from the Library Journal for the year 2018. Library Journal
is an American trade publication for librarians which began publishing
in 1876. The magazine began their Star Library Program in 2008.
• The ratings for the U.S. public libraries are based on selected per
capita out put measures.
• 5,608 US public libraries had the required criteria to be rated in
the index. Libraries can be given a rating of 3-Star, 4-Star, or
5-Star. This year 262 of the qualifying libraries received a Star
rating.
• The Expenditure Range for the Burlingame Library is $5M-$9.9M.
In this range Burlingame Library's total score is 1,167. The
components that make up this per capita score are as follows:
Population - 37,989, Circulation - 15.3, E-Circulation 1.23,
Visits - 9.09, Programs/Attendance - 1.30, Internet
Computer Users -1.07, WI-FI Sessions - 7.70,
E-Retrievals - 0.28
• Two other libraries had a higher score than Burlingame. Downers
Grove Public Library in Illinois - total score 1,185 and Newport
Beach Public Library - total score 1,185.
• The information for the Library's statistics are taken from the
California State Report that is submitted every year. Each
• department contributes their individual statistics to this report.
V. Reports
A. City Librarian's Report - Highlights
• City has given the library permission for the four hourly staff to
continue working through June 30th until 2021-2022 budget has
been determined.
• The new City Attorney has been hired and will begin work in May.
• Children's Dept. is giving away books every Saturday during
February Love Your Library Month,
• Kelly Grima of the Children's Dept. has been filming story times
given by staff of the Police, Fire and Public Works.
• A date for the Burlingame Library to open has not as of yet been
determined. There is a possibility county libraries may open in
April or May. Liability is the main concern for opening City
buildings.
B. Foundation - No Report
VI. Silicon Valley Community Foundation - Guest: Bill Nagle
Trustee Murray introduced Bill Nagle to the Board noting that he had
served 10 years as President of the Burlingame Library Trustees and 13
years as a Trustee with the Peninsula Library System. He played an
important role in setting up the trust with what is now SVCF.
• Trustee Murray reviewed the Trustees concerns with the Silicon
Valley Community Foundation management of the library's
portfolio and that they are questioning whether the Foundation's
investment strategy benefits the Burlingame Public Library.
• Mr. Nagle requested that Brad have a conversation with the City
Treasurer with regard to the entity the City uses to invest its
funds.
• Mr. Nagle will research the Library's relationship with the Silicon
Valley Community Foundation and will discuss his findings with
the Trustees at a future meeting.
VII. New Business
A. 2021/2022 Budget Issues - Draft Support Request to Foundation
1. Requests for funding were made in the following categories:
• Books and Media Collections $61,600
• Programs/Events $31,030
• Total Request $92,630
2. Potential need for extra funding if the City cuts the Library's
Book and Material Budget is $277K.
3. Brad suggested that Foundation members and Trustees need to
consider the amount of funding they can allot to the Books and
Materials Budget if the City makes cuts in this category of the
Library's budget.
B. Day In The District (Library Advocacy)
1. CLA's Day in the District is held once a year and provides an
opportunity for library supporters such as Trustees, Foundation
members and library supporters to meet with our legislators
Congresswoman Jackie Spier, Assemblyman Kevin Mullen, State
Senator Josh Becker and inform them of positive ways that our
library has served the Community especially during the pandemic.
It is also a time when library supporters can advocate for special
needs of libraries in the event of possible decreases in funding.
2. Trustees, Foundation members, as well as other library supporters
can write a letter to one or more of the legislators expressing their
concern over the Governor's proposal of a 50% reduction in library
funding to $1,880,000 and request that the distribution of funds
be restored to the original amount in the preliminary budget of
$3,630,000.
VIII. Adjournment
The meeting was adjourned at 6:35pm. The next meeting of the
Library Board of Trustees will be held on March 16th at 5:30pm.
Commented [PSI]:
�espectfully Submitted
Brad McCulley
City Librarian
Burlingame Public Library
Children's and Teen Monthly Statistics
Feb-21
Programs
Attendance
Cost
STORYTI M ES
Live Storytime with Miss Jenny Virtual
4
75
Miss Jenny Storytime IGTV views
4
441
Miss Jenny Storytime YouTube views
3
14
Miss Jennifer Storytime IGTV views
4
261
Miss Jennifer Storytime YouTube views
4
161
Miss Kelly Storytime IGTV views
4
245
Miss Kelly Storytime YouTube views
4
276
TOTAL STORYTIMES
27
1,473
CLASS VISITS
Preschool Class Visits at Schools
Preschool Class Visits at Library
Virtual Elementary School Class Visits on Zoom
Elementary School Class Visits at Library
Middle School Class Visits at Schools
Middle School Class Visits at Library
TOTAL CLASS VISITS
0
0
SPECIAL PROGRAMS FOR CHILDREN
STEAM Bags
1
50
Mandarin Story Time (Virtual)
1
120
$80
Love Your Library Book Giveaway
4
424
Music Together
1
67
Homework Center (children)
9
52
Black History Storytime
1
72
Valentine Storytime (82 YouTube and 88 IGTV)
1
170
TOTAL SPECIAL PROGRAMS FOR CHILDREN
18
955
$80
SPECIAL PROGRAMS FOR TEENS
Homework Center (teens)
9
57
Teen Advisory Board
2
16
First Look Book Group
1
3
Practice SAT
1
20
Teen Famous Couples Kahoot
1
10
Teen Oreo Truffles Class
1
20
Dear Martin Book Discussion
1
12
TOTAL SPECIAL PROGRAMS FOR TEENS
16
138
$0
TOTAL CHILDREN'S & TEEN PROGRAMS
61
2,566
$80
Book Bundles Assembled (# of bundles & books)
334
1,670
Adult Services Stats
February 2021
Program
Date
# Programs
Attendance
Sit N Stitch
Tuesdays
4
9
English Learners Group
Wednesdays
& Thursdays
8
18
Roots of Black Music in
America
Available
2/8-2/22
1
64
Booked on Crime — Mystery
Book Club
2/18
1
8
Teens Teach Tech —Social
Media Basics
2/22
1
3
Total
15
102
Kano
Month Plays Cost per play Kanopy Kids and K Series (Great Books) Monthly Invoice
$5/month for unlimited plays
February 443 $2 3 KIDS and $961
2021 12 Great Courses 458 total plays
Pronunciator (Laneuaee Learnine)
New registrations
Sessions
Top 3 languages
0
2
Spanish, Mandarin, French
Tutor.com
Tutor sessions Test Prep sessions
1 0
# of Reference questions answered = 335 phone calls
City Librarian Report to Board of Trustees
16 March 2021
BURL i NOAMI
Personnel Updates:
o Adult Services Staff: Brenda Chavez has announced her retirement for April 1 st. Brenda started
working for the Library in 1984, with a break in service to have two great kids, and then rehired in 2011
as 30 hour permanent part-time Adult Services Librarian. Brenda will be missed and we wish her joy in
her retirement.
General Updates:
o Budget Update: Budgets were turned in March 11th and will be reviewed in a meeting March 23rd with
City Librarian, Finance Director, and City Manager.
o Covid/CPU Update —
• County Libraries will open soon. Burlingame will not open most likely until June or July.
Burlingame's will be a more complete / full -service reopening when that time comes.
o Equity Team Update —
• n/a
o Policy — acting -City Attorney, Scott Spansail, has been more occupied than anticipated and has been
unable to assist with these policies. However, the City recently completed interviews for a new City
Attorney and a May start date should lighten the work load for that office in the next few months.
• Library Security Camera policy -- pending CA review
• Community Board Posting policy — pending CA review
• Law Enforcement/ICE Records Requests policy — pending CA review
o Significant Events —
• n/a
o Facilities update —
• The $900k Library HVAC upgrade may still be slated for this year upon approval by PW
Director and City Council. This was reviewed on March 1 Oth by City Council and barring any
unforeseen issues will be approved in June.
o Foundation report —
• The Foundation reviewed the Library Support Request for calendar year 2021. Library Req for
this year is $92, 630.
o PLS/PLP (Peninsula Library System /Pacific Library Partnership)
• PLS libraries will be moving to a two-day quarantine of books and materials from a 4-day
quarantine.
DUNCAN TRUST
In general, the history of the Duncan Trust is contained in the following
documents: The Will of Thyra I. Duncan; the memo to the files dated April 13th,
1982; the letter from Bill Somerville, Executive Director of the Peninsula
Community Foundation to the Trustees dated August 24th, 1982; and finally
the Agreement between the City and the Peninsula Community Foundation dated
July 7th, 1986.
Other correspondence and communications have taken place between the
Library Board and the Foundation since 1982. These have been requests for
funds from the Duncan Trust (described under Revenue Sources elsewhere in
this manual); questions regarding the Duncan Patio remodeling which totaled
$30,000 paid for by the Trust; and finally, the annual requests by the Board
regarding the revenues and expenditures by the Foundation from the Duncan
Trust Fund and the Foundations replies.
Because of some on -going problems with communications between the Library
and the Foundation, Mr. Albert J. Horn, attorney for the Foundation, and
a manber of the Foundation's Distribution Committee, and also the attorney
who drew up the Will for Mrs. Duncan attended the March 18th, 1986 meeting
of the Library Board. The Minutes covering that meeting are included With
the other documents. At that time, Mr. Horn explained that. the Foundation
had signed a five-year lease with Fox and Carskadon with an option to renew
for another five years. The monthly rent is $3,185 per month with a built-
in increase of 7% per year in February. The upstairs tenant, Mrs. Deborah
Guberman-Lane, a psychologist, was on her second three-year lease which expires
in January 1988. She is paying $850 per month, also with a 7% annual increase.
Soon after that meeting, Fox and Carskadon ran into Major structural
problems in the remodeling of the downstairs and all work and rent payments
ceased until September 1986. It is our current understanding that work is
now proceeding and Fox and Carskadon will resume paying rent on October 15th,
1986. In the meantime, the upstairs tenant had also stopped paying rent
in December 1985, and at last report the Foundation was considering legal
action.
The Agreement between the City and the Foundation is largely the result
of negotiations between then Library Board President William Nagle and Mr.
Horn, attorney for the Foundation. It represents an effort to clarify the
position of all parties interested in the Duncan Trust Fund and the future
use and disposition of the Duncan property.
The Foundation is now in the process of seeking the approval of the
Superior Court since one of the provisions of the Will is violated by -the
Agreement.
PMB/jg
9/86
WILL OF
THYRA I. DUNCAN
1&9J. B
ENDORSED
FILED'NG R�r CLERK��t
BAN MATM COUNTY, CAL,1r.
S E P 2 21980
14
MARVIN Mail clerk
By UP
I, THYRA T. DUNCAN, also known as JEAN HUNT DUNCAN,
a resident of San Mateo County, California, declare that
this is my gills
ARTICLE I
I revoke all wills and codicils previously made by me.
ARTICLE II
I am the widow of ROGER E. DUNCAN. I have one child
from a prior marriage, namely, WILLIAM OSCAR LAND, JR. My
late husband, ROGER E. DUNCAN, had two children.
ARTICLE III
Y give and bequeath my costume jewelry to my sister
ANNA ALLEN, if she shall survive aye.
ARTICLE IV
I give and bequeath all of my jewelry, personal ap-
parel household furniture, furnishings and 'equipment,
personal automobiles, books, pictures and other tangible
articles of a personal nature, or my interest in any such
property, not otherwise specifically disposed of by this
will or in any other manner, to my friend NADINE LEON, if
she shall survive me.
CARR. MCCLELLAN, INGERSOLL.TmomPSOW & HORN
ATTOnNiYU AT LAW
ARTICLE V
I give and devise my real property commonly known
as 404 Primrose Road, Burlingame, California, together with
any insurance thereon, to CROCKER NATIONAL BANK, a national
banking association, in trust for the uses and purposes of
THE SAN MATED FOUNDATION, a charitable community trust
created by the "Resolution and Declaration of Trust creating
'THE SAN MATEO FOUNDATION$", a certified copy of which has
been recorded in Volume 4997 of Official Records of San
Mated County, California at pages 403-410. The said fund
shall be kept separate and shall retain its identity and be
known as THE ROGER E. AND JEAN HUNT DUNCAN CHARITABLE FUND.
It is my desire that the income from the said fund is to be
used For the benefit.of the BURLINGAME PUBLIC LIBRARY,
Burlingame, California. I direct than the Trustee adminis-
ter the said real property in accordance with the directions
of G. PAUL LECHICH, or if he shall at any time not be
living, the directions of my nephew, WALTON H. HOUSTON, if
he shall be living, and the Trustee shall have no liability
for.following such directions. I request that the Distribu-
tion Committee of THE SAN MATEO FOUNDATION consult with G.
PAUL LECHICH,
or
if he
shall
not
be living, my
nephew WALTON
H. HOUSTON,
to
assure
that
the
income from
the said real
property is used for the maximum benefit of the BURLINGAME
PUBLIC LIBRARY. I direct that the said real property not be
sold and that it be properly maintained. I further direct
Page 2
N
that if the BURLINGAME PUBLIC LIBRARY desires to use any
apace in the said building for library purposes, it may do
Boo
ARTICLE VI
I give and bequeath. the following items to my friend
NADINE LEON, if she sball survive me.
1. The duplexes at 421-423 Rollins Road and 415-417
Rollins Road, Burlingame, California, together with any
insurance thereon but subject to any rencumbrances thereon at
the time of my death. 40, -'07 H&O�®� l' / mi l /�j log,(
j a
2. Any certificate of deposit in any ank or savi gs
and loan association owned by me at the time of my death.
3. The note secured by a deed of trust resulting from
the sale of the duplex at ..� 'Rollins Road, Burlingame,
California.
ARTICLE VII
I give and devise any duplexes owned by me on Rollins
Road, Burlingame, California, other than the duplexes
specifically bequeathed to NADINE LEON by paragraph 1 of
Article VI together with any insurance thereon, to my son
WILLIAM OSCAR LAND, JR., or if he shall predecease me, to
his surviving issue, by right of representation.
ARTICLE VIII
I give, bequeath and devise all of the residue of my
estate to CROCKER NATIONAL HANK, in trust, to be added to
Page 3
i
the trust established by Article V1 of this will for the
asses and purposes of THE SAN MATEO FOUNDATION.
ARTICLE IX
in the event that it shall be necessary to abate any
bequest or devise made under this will, the bequest and
devise made in Article VII shall first be abated.
ARTICLE X
If any person or persons shall contest or in any
manner attempt to break or defeat this will or any of its
provisions, or to have this will declared invalid, in whole
or in part, such person or persons shall receive no part of
my estate and any provision in this will for such person or
persons shall be void and this will shall be administered in
the same manner as if such person or persons had predeceased
me without issue. Except as otherwise provided for in this
will I have intentionally omitted to provide herein for any
person who may claim to be a pretermitted heir and for any
other of my heirs living at the date of my death.
ARTICLE %I
I nominate and appoint my friend G. PAUL LECHICH as
executor of this will, or if he shall for any reason fail to.
qualify or cease to act as executor, I nominate and appoint
any nephew, WALTON B. BOUSTON, as executor. I direct that no
bond be required of either of the named nominees as such
executor. I authorize my executor to administer my estate
under the Independent. Administration of Estates Act and to w
Page 4
sell, convey,
lease, exchange, mortgage and encumber by deed
of trust or otherwise, with or without notice, any property
belonging to my estate, subject only to such confirmation of
.court as may be required by such Act or otherwise by law. i
further authorize my executor, in my executor's absolute
discretion, to retain any property in my estate for as long
as my executor deems appropriate at the risk of my estate.
I subscribe my name to this will, at the end thereof,
an 1980, at
California.
v V
TNYRA I. UNCAN
Witness. .:.
l residing at
California.
residing at
7+�r
California.
Page 5
The foregoing instrument was on the date written below
subscribed at the end thereof by THYRA 1. DDNCAV in our
Presence, and she then and there declared the same to
us to be her will; and we then and there, in her presence
and at her request and in the presence of each other, signed
our names thereto and hereto as attesting witnesses; and we
declare that at the time of the execution of the will the
testatrix was of sound mind and memory and not acting under
duress, menace, fraud or undue influence. ° �
Executed on 4 1980, at ® 02&
California.
We declare. under penalty of penury that the foregoing
is true and correct.
VL
Page b
NSULA,"
COMMUNITY
FOUNDATION
ION
TO: Distribution Committee
RE: Re ort on mana ement.of pro ert at 404-40f Primrose
Rental The buil.ding.is leased to Mr. and Mrs. Jack Cross, who operate
as Remax real estate broker outlet on the first floor for a monthly
rent of '$2,600. The upstairs is rented to Mrs. Deborah Guberman-Lane
who does therapy.as a licensed clinical social worker. She pays
$850 a month.
The leases are for three years with increase of 7% each year, Lessees
.have the right"to extend the Leases for an additional three yews.
We have a securi:ty.deposit equal_ to one month's rent from each tenant.
The parking spaces on the property go with the upstairs rental.
The library has use of the patio building (no rent is paid) for
storage of furniture. The patio is for use by the library only.
The leases were executed for the Foundation by John Cockcroft Jr.
of Cockcroft and Company, Burlingame. His.fee,was $2,652.
Mr. Joe Karp did a rent appraisal of the building for which he charged
no fee.
Insurance The building is insured: for $400,000 with $1,000,000
11abiHy with Mark. M. Meherin and Stan in Burlingame.
Utilities The P.G.& E. installed two gas meters. There were already
two electric meters. The Foundation pays.the water bill which was
.... $15 58 for January and February, 1982.
Garden Gardening is done by McRoskey Landscaping in Burlingame at
2 5 a month.
Repairs.. We, plan to set aside $6, 000 fora repair. fund. . Presently
the''..roof- needs repair and the building will soon need to be . painted..
Disbursolment of Funds The library dir-ector is not sure how she
=W0ru�ca. unUs rom rental income gi,ren to the library. Possibly
the money will ac-cumulate and be used for major expenditures.
Executor Mr. George Paul Lechich, executor for the Duncan Estate
az�s Sri apprised of a.l.l of the above and work has been done with
his approval.
F
April. 7, 1982
? ... 1204 Burlingame Avenue
PO, Box 627
Burlingame
° CA 9401.0-0627
(415)342-2477
Memo to the Files
April 13, 1982
Re: Primrose Property
A meeting was called at the Bombay Bicycle Riding Club
by Mr. Horn which included Paul Lechich, Executor of the
Duncan Estate; Patricia Bergsing, Librarian at the Burlingame
Public Library; Jerome Coleman, City Attorney; Bill Somerville,
Executive Director of the Peninsula Community Foundation.
Mr. Horn clarified that Mrs. Duncan, in giving her property
to benefit the Public Library, wanted the City of Burlingame
to continue its obligation to the Library. Funds from rental
of the property at 4-04-406 Primrose Road are to be considered
supplemental and for extra budget items. This is to say that
there must be a maintenance of effort by the City of Burlingame
in its support for the Library in order for rental income
to be disbursed to the Library.
The procedure for disbursing funds to the Library by the
Foundation would be as follows: 1) The Foundation would give
an annual report on income and the expenditures regarding
the Primrose Property.
2) The Library would decide what its needs are for the ex-
penditure of rental income funds and send its recommendation
to the Foundation.
3) The Foundation would ask Mr. Paul Lechich as Executor for
the Estate if the recommendations of the Library have his
approval.
4) The Foundation Distribution Committee would consider the
Library recommendations at its next bi-monthly distribution.
meeting and make a yes or no decision on funding.
5) The Library would be notified of this decision and a check
would be sent when the funds are needed.
The Foundation charges a fee of 1% of the estate value ($400,000)
on an annual basis. This fee is in accord with the normal
practices of the Foundation.
Rental income funds are deposited with Bay View Federal Savings
and Loan Association (Burlingame office) and they are invested
in a Certificate of Deposit in the Money Market where they earn
at the rate of 14.666%.
--2- Primrose Property
It was agreed that the patio is not a public assemblage place
as things now stand but it is available for possible public
receptions on a once a year basis by the Library. If such
assemblages are to take place more often, then the insurance
company should be so notified in order for the public library
coverage to be changed accordingly.
Bill Somerville
Executive Director
1204 Burlingame Avenue
P.D. Box 627
Burlingame
CA 94010-0627
(415)342-2477
August 24, 1982
Trustees
Burlingame Public Library
480 Primrose Road
Burlingame, CA 94010
Gentlemen:
We are pleased to establish what will become a continuing
relationship between the Peninsula Community Foundation and the
Trustees of the Library as a result of the Duncan Estate which
is now part of the Foundation.
This letter is to follow up a meeting of Ms. Patty Bergsing,
Mr. Jerry Coleman, Mr. Albert Horn, and myself. In light of the
significance of our relationship and the funds that will be in-
volved over the years, it seems prudent for there to be as close
an understanding as possible between the two entities regarding
the expenditure of these funds. To help in creating that under-
standing, and in writing this Letter, we have sought the advice
of the estate executor, Mr. Paul. Lechich.
The estate Will stipulated that the funds given to the Library
are to be spent in addition to the normal funding by the City
of Burlingame. In other words, funds from the Foundation are
not to replace public monies coming to the Library. Money from
the Duncan Fund will be used according to instruction, that
is to enhance and enrich the Library's collection and services in
a manner otherwise impossible.
It is reasonable to assume that both the Library Trustees and
the Foundation want the funds given to the Library by the Foundation
to be spent on significant, worthy, and needed items. In this
way the Duncan Fund will enhance and enrich cultural life of
Burlingame as a whole and citizens as individuals. This letter
is to confirm procedures to give assurance of this.
We ask that recommendations from the Trustees for expenditure of
foundation funds designated for the Library be given to the
Distribution Albert]. Horn,
Committee Chairman
( T Jack Foster
Robert J. Koshland
Aubrey Lee
Mrs. Mynderse Van Hoesen
Consultant
Mrs. Theodore M. Lilienthal
Administrative )udge ). A. Branson
Commiftee William W. Penaluna
Raymond L. Spangler
Mrs. Paul D. Steiner
Honorary Chairman
J. Ed McClellan
Counsel Norman W. Kavanaugh
Executive Director Bill Somerville
Trustees Bore] Bank and Trust Company
Bank of America N. T & S. A.
The Bank of California, N. A.
California -Canadian Bank
Central Bank N. A.
Crocker National Bank
Lloyds Bank California
The Hibernia Bank
First Interstate Bank of California
Pacific Union Bank and Trust Company
Wells Fargo Bank
-2- Trustees Burlingame Public Library
Foundation at least three months before such funds are needed
and/or before the Distribution Committee meeting that will
consider the recommendation; that your recommendation give
details of how the funds would be spent; and that you share with
the Foundation your rationale for arriving at this recommendation.
Some areas of consideration for funding which Mr. Lechich
suggested include a contingency fund for items either of an
emergency nature or for which no other support exists; a fund
for resources the Library wouldn't ordinarily be able to
purchase such as exceptional books, books on antiques (the wish
of the Duncans), and new services.
We look forward to working with you.
Sini7.
ly,
BTL LE
Executive Director
�6 TV OA
MJR�If"141AMa T A F F REPORT
�7:
Honorable Mayor & City Council
'I
DATE: May 211 1986
FROM: City Attorney
5UBWTT ED
8Y
APPROVED
B Y ___
sue,9c T, DUNCAN PROPERTY - 404 -- 4 D 6 Primrose Road
Study
AGENDA 4
IT EM N
DATT[E 5/21 /86
RA .
As you know we have had discussions for a number of months
regarding tAe property adjacent to the library on Primrose Road,
4enerally known as the Duncan Property. That property was
originally the residence of Roger and Bean Duncan and subsequently
became offices. It consists of a building on Primrose with
several additions to the rear and a courtyard garden in the middle.
Mrs. Duncan's will provided that the real property was to be held
in trust for the purposes of the San Mateo foundation (now the
Peninsula Community.Foundation) and that the income from it should
be used for the benefit of the library. The concluding sentences
of the particular article of the will state: "I direct that the
said property not be sold and that it be properly maintained.' I
further direct that if the Burlingame Public Library desires to
use any space in the said building for library purposes it may do
so." (The entire article is attached to this memo for your review.
Several months ago we were informed that the Foundation had entered
into a ten year Lease with Fox and Carskadon for the use of the lower
floors of the building. We engaged in discussion with the Found-
atioh and their attorney, Albert Horn, regarding the appropriateness
of that lengthy lease in'view of some of the will language. Since
those discussions considerable structural problems were run into
as Fox and Carskadon remodeled the property, but we are informed
that they are continuing to do that remodeling including a sub-
stantial amount of .structural..work to the rear portions of the
building.
We now have for consideration a draft of an agreement between the
Foundation and the City which provides for various options regarding
the property. The substance of the agreement is to recognize the
dispute between the City and the Foundation regarding the continuing
use of the property and to provide -for a long term compromise.
Paragraph 26f the agreement provides for library use of -the second
story, rent ' free, commencing on the expiration of tk d •current
lease in 1988.'-The paragraph also provides that if, we do -.not occupy
it, it may be leased for not more than three years so'tha:f we can
exercise that option at the end of each lease cycle.
Page 1
Honorable Mayor & City Council
LLqe 2
The third Paragraph concerns the
Carskadon. It notes the ten year
provides for City option to rent
period. The fourth Paragraph pro
the property for $500,400 at the
Paragraph 5 provides that if the
price, it must be preserved or t
a new wing on the library. The i
continue to benefit the library.
5/21 /86
downstairs area occupied by Fox and
lease with that firm and then
it at fair market value after that
vides for a City option to purchase
end of the Fox and Carskadon lease.
City does buy the property at that
he property used for construction of
nterest from this purchase would
The agreement appears to present a reasonable compromise to the'
present dispute with -the Foundation. The terms of the will do not
appear to provide for the property ever coming directly to the City,
but rather that we are to be the beneficiaries of the income from
it. We do not have an immediate use for the downstairs so the ten
year lease is not a practical problem.
We would, however, suggest some changes in the rough draft. Recital
A should more specifically quote the language of the will and B should
indicate that'an additional wing "may" be added. In Paragraph 3 we
should have the same three year option to lease after the expiration
of the Fox and Carskadon lease as we do on the expiration of the
upstairs lease; thus, in the event the City does not wish to use the
downstairs portion in ten years we would still have opportunities to
do so every three years. Paragraph Q should include an arbitration
provision so that any rent disputes could be resolved. Finally,
Paragraph 5 should be redrafted to allow for library purposes rather
than "build an additional wing on library", since it is very difficult
to know exactly what library needs we will have ten or more years from
now.
We would ask that Council review our comments and the lease document,
and provide staff direction at the Study Meeting.
JFC/b
Attachments
BURLINGAME PUBLIC LIBRARY
BOARD OF TRUSTEES
_ MINUTES
MARCH 18TH, 1986
CALL TO ORDER:
The meeting of March 18th, 1986 was called to order by President
Nagle at 4:30pm.
Trustees Present: All Trustees were present.
Also Present: Mr. Albert Horn, Attorney for Duncan Trust
Staff Present: Mrs. Judy Gladysz, Library Secretary
Mr. Al Escoffier, Asstistant City Librarian
BILLS:
M/S/C (Mink/Harvey) unanimously to approve the payment of City checks
in the amount of $22,369.62. M/S/C (Harvey/Blevins) unanimously to
approve the payment of the Trustees Special Fund in the amount of
$5,418.89.
MINUTES OF THE MEETING OF FEBRUARY 18TH, 1986:
M/S/C unanimously to approve the Minutes of the February 18th, 1986
meeting of the Library Board of Trustees.
INTRODUCTION OF MR. ALBERT HORN, ATTORNEY FOR THE DUNCAN TRUST:
President Nagle introduced Mr. Al Horn, Attorney for the Duncan Trust
to the Board members and those present. Mr. Horn explained the purpose of
the Penin§ula Community Foundation that was established in 1964. He
explained that the Foundation was founded to evaluate the needs of the
Community and to help citizens donate money to worthy causes. He further
explained that the Foundation is governed by five people called the
"Distribution Committee" and is presently planning to expand to a larger
group. He said it was originally called the San Mateo Foundation. Mr.
Horn said he had had several conversations with Mr. George Paul Lechich,
past City Librarian and executor,of the Duncan Will, regarding the trust
for the Library.
Mr. Horn said the Trust was formed by Mrs. Duncan with her main
concern being the preservation of the house. He said she wanted the front
of the house to remain as it had been, with the flowers, the style, etc.
Mrs. Duncan also wanted to help the Library but not to replace what the
City's budget pays for. Meaning she wanted the Library to be able to
provide special services that might not otherwise be provided were itnot
for her funds.
Mr. Horn said there is a good income generating from this property
at the present time and the Distribution Committee has plenty of money for
distribution. He further stated that in the event the Library should
choose to utilize some of the building that there are leases at the
present time with the two tenants and the Foundation would need to know in
advance of renewing these leases should the Library care to excercise this
option.
The Board members were very happy that Mr. Horn could attend the
meeting and clear up any misconceptions regarding the Trust. After Mr.
Horn left, the'Board had some discussion regarding his information.
President Nagle stated that he, Mr. Horn, and the City Attorney planned to
continue meeting with regard to the long-range use of the Duncan property
by the Library. He hopes to have more information for the Board in April.
l
AGENCA
MYG. / /7/86
DATE. ----
To: honorable Mayor & _Cif Council
SATE: ne 23_,-1986
FROM: City Attorney���
SUBMITTED
BY
APPROVED
BY
Agreement with Peninsula Community Foundation Regarding
SUBJECT: the Duncan Property
RECOMENIDATTON: Authorize Execution of Agreement.
BACKGROUND:
At a recent study meeting we discussed the proposed agreement
between the Peninsula Community Foundation and the City regarding
the future use of the property known as the Duncan property,
404-406 Primrose Road. At that time a few minor amendments
were suggested by City staff and those amendments were transmitted
to attorneys for the Foundation. We have now received the agreement
with approval of our suggestions and only minor technical amend-
ments on their part.
In general, the agreement recognizes the dispute between the City
and the Foundation regarding the continuing use of the property.
The Library may.use the second story, rent fee, commencing on the
expiration of the current lease, or if we.do not exercise that
option, on the termination of any subsequent lease. On the
expiration of the lease with Fox and Carskadon for the first
floor the City has the option to rent that area. We also have
the option to purchase the property for $500,000 at that time.
We would recommend that the Council approve execution of the
agreement in -its present form.
JFC/b
Attachment: Agreement
cc: Bill Nagle
Pat Bergsing
. , tUUNVA1 iuN
V •
AGREEMENT RE 404-406 PRIMROSE ROAD BURLINGAME
This Agreement made on _ July 7 _ _ ., 1986, by and between
PENINSULA COMMUNITY FOUNDATION, A California charitable
corporation, hereinafter called "Foundation", and the CITY OF
BURLINGAME, a California municipality, hereinafter called "City",
is made under the following circumstances:
RECITALS
A. Foundation is the owner olf the real property commonly known
as 404-406 Primrose Road, Burlingame, California (Assessor's
Parcel Number 029-151-240) (hereinafter called "the real
property") which it holds as part of The Roger E. and Jean Hunt
Duncan Charitable Fund (hereinafter called "the Fund") pursuant
to the terms of the last will and testament of Thyra°I. Duncan,
also known as Jean Hunt Duncan, (hereinafter called "Mrs.
Duncan"). Under the terms of the will of. Mrs. Duncan,'the income
from the Fund is to be used for the benefit of the Burlingame
Public Library (hereinafter called "the Library or the Board"),
and the will contained the following additional language: "I
direct that .the said real property not be sold and that it be
properly maintained. I further• direct that if the Burlingame
Public Library desires to use any space in the said building for
library purposes it may do so."
B. The Library is located immediately adjacent to the real
property. It is anticipated that the needs of the Library will
require that it occupy additional space and that eventually an
additional wing may be added to the existing building of the
Library.
C. Questions have arisen as to the full intent and purpose of
Mrs. Duncan in establishing the Fund with Foundation. It is the
intent of this Agreement to settle all outstanding questions
between the Library, the City and the Foundation as to the Fund.
AGREEMENT
THEREFORE, the parties hereto hereby agree as follows:
1. City acknowledges that the Fund is a permanent fund of
Foundation and that the income generated by the Fund is to be
used for the benefit of the Library in supplement of the income
the Library receives from the City and other sources and not in
replacement of any obligation that City may have for the
operation and maintenance of the Library. Except as they may
conflict the terms of this Agreement, the provisions of the will
of Mrs. Duncan shall remain applicable to the Fund.
EXHIBIT 6
2. The upstairs portion of the property is currently leased to
Deborah Gube.rman-Lane pursuant to a Lease dated February 1,.1982.
The current term of the said Lease 'as extended expires January
31, 1988 and Foundation agrees to not extend such Lease beyond
such date unless the Board advises Foundation that it does not
desire to. occupy the space presently leased to Mrs. Guberman-
Lane. The Board shall notify Foundation not less than ninety
(90) days prior to January 31, 1988 as to whether or not it
desires to occupy such space. If said Lease is terminated prior
to January 31,-1988, Foundation shall notify City thereof, and
the Board shall have ninety (90) days thereafter to notify
Foundation as to whether or not it desires to occupy such space.
If it desires to so occupy such space, the Board shall occupy
such space."without paying rent therefor but subject to paying all
utility charges and interior maintenance charges for such space.
If the Board notifies Foundation that it does not desire to
occupy such space, or if Board fails to notify. Foundation about
its intentions as hereinabove required, Foundation shall be free
to lease such space to the present Lessee or another.person for a
period of not more than three .{3} years upon such terms as
Foundation deems appropriate. Foundation shall advise the Board
of any such new lease and at the end of such three (3.) year or
shorter.term'City shall again have the same rights as above set
forth with respect to the current Lease.. The foregoing cycle
shall be,repeated at the end of the expiration of each lease of
the upstairs portion of the real property until the Board
notifies Foundation that it desires to occupy such space.
3. The downstairs portion of the real property is currently
leased to Fox & Carskadon Inc.- pursuant to a Lease dated
September 14, 1985, expiring on September 14, 1990, with an
option in Fox & Carskadon Inc. to extend the same for an
additional -term of five (5) years., Fox & Carskadon undertook
certain remodeling activities and encountered problems in
connection therewith- These problems are in the process of being
resolved but Fox .& Carskadon will request that its Lease be
rewritten into a Lease expiring on September 14, 1995.
Foundation is willing. to enter into such new Lease and City
hereby approves the making of a new Lease with Fox & Carskadon
for a term ending not later than September 14, 1995. Upon the
expiration of the Fox & Carskadon Lease, City shall have the
right to rent' the downstairs portion of the real property at a
rental equal to the lower of (a) the last rent paid by Fox &
Carskadon under the terms of its lease or (b)-fair market rental
value. The term of such occupancy shall be unlimited and the
rent shall be adjusted annually to reflect fair market rental
value. City shall notify Foundation in writing not less than
thirty (30) days prior to the expiration of the Fox & Carskadon
Lease as to whether or not it will exercise the foregoing right
to rent and if City does not desire to occupy such space
Foundation shall be free to lease such space to the present
Lessee or another person for a period of not more than three (3)
years upon such terms as Foundation deems appropriate,
-2-
Foundation shall advise City of any such new lease and at the
end of such three '(3) or shorter year term City shall again have
the same rights (and obligation of notification) as above set
forth with respect to the current Lease. The foregoing cycle
shall be repeated at the end of the expiration of each lease of
the downstairs portion of the real property until City notifies
Foundation that it desires to occupy such space. During its
occupancy of the real property City shall pay all costs of
repairs, maintenance, insurance and taxes under what is commonly
known in the industry as a triple -net lease.
4. During the twelve (12) months prior to the expiration of the
Fox & Carskadon Lease, City shall have the right, at its option,
to purchase the real property for a purchase price of Five
Hundred Thousand Dollars ($500,000.00). City may exercise this
option at any ,time within the period commencing twelve (12)
months prior to the expiration of the Fox & Carskadon Lease by
written notice to Foundation. Upon receipt of such 'Notice, an
escrow shall be established at such title company as City may
select and within thirty (30) days after receipt of. such notice
by Foundation, Foundation shall deposit in such escrow its Grant
Deed to City conveying to City title to the real property free
and clear o£ all encumbrances except taxes not yet due or
payable, covenants, restrictions, easements -of record, and zoning
regulations and laws which do not affect the marketability of the
title. City shall deposit the: purchase price in such escrow and
such escrow shall close upon the later of (a) the expiration of
the Fox & Carskadon Lease or (b) the expiration of thirty {30}
days after receipt by Foundation of such notice of exercise of
option.
5. In the event that City shall acquire the real property City
shall preserve the main building now on the real, property
including the garden in front thereof generally in the state in
which such building and garden are delivered to City at the time
of close of escrow. However, Foundation and City realize that it
may be necessary to build an additional wing on Library or
otherwise use said property for Library purposes, which may
involve the destruction of such building and garden. In such
event any- new facility of Library shall be named in honor of
Roger E. and Jean Hunt Duncan and an appropriate memorialization
of Roger E. and Jean Hunt Duncan shall be attached where readily
viewed by the public and further memorialization of Roger E. and
Jean Hunt Duncan shall be placed in the interior of the Library.
All such memorialization shall be designed by City but shall be
subject to the approval of Foundation. Such memorialization
shall be installed at City's sole cost and expense.
b. Any dispute regarding rents or other terms of this Agreement
shall be'submitted to the arbitration pursuant to Section 1280 et
seq of the Code of Civil Procedure. --
-3-
7. In the event that any of the
ions
thereof, of this Agreement are held too be unenforcons, or eable or
invalid by any court of competent jurisdiction, the validityor
enforcement of the remaining provisions or portions thereof shall
not be affected thereby.
8. The provisions of this Agreement shall inure to the benefit
of .and shall be binding upon the parties hereto, their respective
assigns and successors in interests.
9. Time is of the essence of this Agreement and each provision
thereof.'
10. This Agreement may only be amended by the written consent of
all of the parties to this Agreement at the time of such
amendment.
11. This Agreement contains the entire understanding between th
parties hereto concerning the subject matter contained herein•
There are no representations, agreements, arrangements or under-
standings, oral or written, between or among ,the parties hereto
relating to the subject matter of this Agreement which are not
fully expressed herein.
12. Any notice or demand required or. permitted to be delivered
hereunder shall be deemed delivered twenty-four (24) hours after
being deposited in the United States mail, certified, return
receipt requested, postage prepaid, addressed as follows
Peninsula Community Foundation
1204 Burlingame Avenue, Room 10
Burlingame, California 94010
City of Burlingame
Attention: City Manager
City Hall
501 Primrose Road
Burlingame, California 94010
with a copy to:
Librarian
Burlingame Public Library
480 Primrose Road
Burlingame, California 94010
13. This Agreement is subject to the approval of the Superior
Court of the State of California in and for the County of San
Mateo. Such approval is necessary with respect to the option
given City by paragraph 4 above as Mrs. Duncan directed that the
said real property not be sold.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first hereinabove written.
-4-
PENINSULA COMMUNITY FOUNDATION,
a Cali/i ; Oarita/ble corporation
BY.�..-
President
And
7
"Foundation"
CITY OF BU�LINGAM ,
a C lifornia m icipality
e
By
Mayor`-----
"City"
Approved:
Attest:
Burlingame Public Library
By
Chairman, Library Committee
.
0
I hereby certify this to be n
clod correct cc, full, true
the do
to bc, the origi al of which is ent it Purports
M? ofl i ce. n file in
.' v t
City Cleric
-5-
CARP, MCCLELLAN, INGERSOLL, THOMPSON & HORN
ATTORNEYS AT LAW
SECURITY PACIFIC BUILDING
216 PARK ROAD, POST OFFICE BOX 513
BURLINGAME, CALIFORNIA 94011 - 0513
(415) 342-9600
November 3, 1986
Jerome F. Coleman, Esq.
City Attorney
501 Primrose Road
Burlingame, California 94010
Dear Mr. Coleman:
-G
y��j/�(/)y -�
ROBERT"R.THOMPSON LUTHER M.GARR
ALBERT J. HORN RAN FK B. INGER5 ILL, JR.
DAVID C. CARR CYRUS J. McMILLAN
ARTHUR H.BREDENBECK OF COUNSEL
NORMAN I. BOOK, JR.
OUENTIN L. COOK
ROBERT A. NEBRIG E. H. COSGRIFF
RICHARD C. BERRA (1880-I947)
L. MICHAEL TELLEEN J ED MCCLELLAN
LAGE E. ANDERSEN (I895-1985)
KEITH P. BARTEL
MARK A. CASSANEGO SAN FRANCISCO
LAURENCE M. MAY (415) 434-4800
PENELOPE C.GREENBERG
KRiSTI COTTON SPENCE
ROBERT W. PAYNE PALO ALTO
JAMES R. CODY (415) 595-5440
PAUL M. KAWAKAMI
MARK A. HUDAK TELECOPIER
DAVID M. McKIM (4I5) 342-7685
JORDAN W. CLEMENTS
EDWARD J. WiLLIG M.
KEVIN F KOUBA
STEPHEN M, HALL
JORDAN G. POWERS
Re: Thyra I. Duncan Trust
We are enclosing, for your information and records, an endorsed -
filed copy of the Petition of Testamentary Trustee for Approval
of Compromise in the matter of the above -named trust. Also
enclosed is a copy of the Notice setting this matter for hearing
on November 18, 1986.
Very tru1 '.yours,
Albert's. J.Iprn, for
CARR,MaCLEt;3LAN,INGERSOLL,THOMPSON & HORN
AJH:kg
Enclosures
V
''kwN'• 1yw,?J� �k �'
ATTORNEY OR PARTY WITHOUT ATTORNEY !Name and Addresal. TFELEPHONE NO..
CARR,McCLELLAN,INGERSOLL,THOMPSON & HORN
Albert J. Horn, Esq. (415)342-9600
P. 0. Box 513
Burlingame, California 94011-0513
ATTORNEYFORIName1. Peninsula Community Foundation
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET ADDRESS: 401 Marshall Street
MAILING ADDRESS' Hall of Justice and Records
CITY AND ZIP CODE. Redwood City, California 94063
BRANCH NAME:
ESTATE OF ENAMEL:
THYRA I. DUNCAN, also known
as JEAN HUNT DUNCAN, DECEDENT
NOTICE OF HEARING
probate)
OR COURT �USE amy
CCi 2a I ;)
CASE NUMBER:
69168
This notice is required by law. This notice does not require you to appear in court, but you may attend
the hearing If you wish. If you are a person interested in the estate, you may serve upon the executor
or administrator, or upon the attorney for the executor or administrator, and file with the court with
proof of service, a written request stating that you desire special notice of the filing of an inventory
and appraisement of estate assets or of the petitions or accounts mentioned in sections 1200 and
1200.5 of the California Probate Code.
1. NOTICE is given that (name), PENINSULA COMMUNITY FOUNDATION
(representative capacity, if any): Trustee
has filed (specify): PETITION OF TESTAMENTARY TRUSTEE FOR APPROVAL OF COMPROMISE
reference to which is made for further particulars.
2. A HEARING on the matter will be held as follows:
Date: 11/18/86 Time: 9. 00 a.m. Dept.: Probate Rm.:
Address of court ®shown above =is:
CARR,McCLELLAN,I
...... Albert. .J.. Born. ................. ®X Attorney or PartyB
ITYPE OR PRINT NAME) MARVIN CHURCH
Date: ® Clerk, by
3. This notice was mailed on (data)=
at (place):
LOMPSON & HORN
IE
Deputy
California.
(Continued on reverse)
Form Approved by 1he NOTICE of HEARING
Judicial Council of California
DE-120 lRev. January 1, 19851 {probate]
I
1 t:ARR,McCLELLAN,INGERSOLL,,THOMPSON & HORN
2 Albert J. Horn, Esq.
Post Office Box 513
3 Burlingame, California 94011-0513
4 Telephone: (415) 342-9600
5
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17
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14
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17
-OCT 28 1986
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
In the Matter of the Estate }
of }
THYRA 1. DUNCAN, also known }
as JEAN HUNT DUNCAN, }
Deceased )
No. 69168
PETITION OF TESTAMENTARY
TRUSTEE FOR APPROVAL OF
COMPROMISE
18 The petition of PENINSULA COMMUNITY FOUNDATION, a
19 California non-profit corporation respectfully shows:
20 1. The decedent above -named died on September 20, 1980
21 and her last will and testament was duly admitted to probate
22 by the above -entitled court. A true copy of such last will
23 and testament is attached 'hereto marked Exhibit A and by
24 reference incorporated herein., Petitioner Peninsula Community
25 Foundation was appointed trustee of the trust created by
26 Article V of the said decedent's will by an order of the
27 above --entitled court amending the Decree of Final Distribution
28 and Settling Final Account which amendment was made by the
29 said court on February 11, 1982 and recorded on February 17,
30 1982 in the Official Records of San Mateo County under
31 Recorder's Serial No. 82-013311.
32 2. The trust of which petitioner is trustee has as its
33 primary asset the real property commonly known as 404-406
34 Primrose Road, Burlingame, California. Such real property was
35 formerly the home of the said decedent and her predeceased
36 husband, Roger E. Duncan and adjoins the Burlingame Public
C.ARA. MCCL.ELLAN, INGEASOLL.
THOMPSON & MOAN
•TTORn(YA AT LAW
M •vaa .pAp
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1 Library (the "Library"). A disagreement has arisen between
2 the petitioner and the City of Burlingame (the "City") with.-
3 respect to the rights of the City as owner of the Library with
4 respect to the said real property including the Library's
5 claimed right to occupy the said real property free of any
6 rent. if the City's position were sustained the trust would
7 not have ''any income and could not perform its function of
8 providing supplemental funds to the Library. Additional
9 disagreements related to the possible need of the City to
10 acquire the subject real property for the expansion of the
11 Library. As a rrysult of these disagreements negotiations were
12 held between the City and the petitioner which negotiations
13 resulted in the Agreement dated July 7, 1986 a true copy of
14 which is attached hereto as Exhibit B and by reference
15 incorporated herein. Such Agreement provides among other
16 things that the City shall have the right to acquire the
17 subject real property at any time during the twelve months
18 prior to the expiration of the existing Fox A Carskadon, Inc.
19 lease which will ultimately expire on September 14, 1995. The
20 Agreement specifies that the purchase,. price at that time shall
21 be the sum of Five. Hundred Thousand Dollars ($500,000.00).
22 While there is no guarantee thereof, it is anticipated that
23 the City will in fact exercise its option to purchase real
44 property. The will of the said decedent Contained the
25 following language:
26 "I direct that the said real property not be sold and
27 that it be properly maintained."
28 (See page 2 of decedent's will, second line from bottom)
29 3. Petitioner believes, and therefore alleges, that the
30 Agreement attached hereto as Exhibit B is the best possible
31 compromise of the conflicting claims of the City and of
32 petitioner with respect to the said real property. Petitioner
33 believes that the compromise guarantees that the Roger E. and
34 Jean Hunt Duncan Charitable Fund, of which the said real
35 property is the major asset, is thereby assured its permanent
36 status and that the income generated by that fund will be used
CAnn. MCCLELLAN. INGERSOLL
THOMPSON & HORN
Art*M%tft AT uw
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I for the benefit of the Library in supplement of the income the
2 Library receives from the City and other sources not in
3 replacement of any obligation that the City may have for the
4 operation and maintenance of the Library. The said agreement
5 .further assures that there will be constant flow of income
6 from the said real property, or from the cash which will be
7 received by petitioner in replacement of such real property if
8 the City exercises its option to purchase, which income will
9 benefit the Library the intended beneficiary of the said
10 decedent.
11 4. Petitioner believes, and therefore alleges, that the
12 ipproval of the said agreement is to the best interests of all
13 parties concerned, including the public which uses the Library
14 and which is therefore the indirect beneficiary of the
15 charitable trust established by the said decedent.
16 WHEREFORE, petitioner prays for an order of the above
17 entitled court approving the Agreement dated July 7, 1986
18 between petitioner and the City and for such other carders as
19,,the court may deem proper.
20
21 DATED: October 24, 1986
22
23 PENINSULA COMMUNITY FOUNDATION
24
25
26 By: f
27 E7tecut ve Director
28
29 CARR,McCLELLA� OLL,THOMPSON & HORN
30 BY: c,
31 Atto neyb or Petiti oner
32 '
33 �
34
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CA"A. MCCLELLAN, INGER ROLL
UompSoN A HORN
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CARR MCCLELLAN.INGERSOLL
THOW'soN & HoRN
A"Oft.RY7 AT LAW
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,.the undersigned, say:
I am an officer of Peninsula Community Foundation the
etitioner in the above -entitled matter, and have read the
tition of Testamentary Trustee for Approval of Compromise
nd know the contents thereof. The said petition is true of
own knowledge, except as to the matters which are therein
ated upon information and belief, and as to those matters I
elieve it to be true.
I declare under penalty of perjury that the foregoing is
ue and correct.
Executed on October 24 11 1986, at Burlingame
aliforn a.
4
t �
$ LL 50 F{VILL E T
CMUr`Y C>IF BURL=NGAME
TO: Honorable Mayor and City Council
FROM: City Manager
DATE: November 28, 1990
SUBJECT: Authorization for City to Acquire Duncan Property from
Peninsula Community Foundation for Library and City Use
RECOMMENDATION: That the City Council authorize purchase of the
Duncan property (404-406 Primrose Road) from the Peninsula Com-
munity Foundation for $500,000 in accordance with our July 7, 1986,
agreement. This purchase would be contingent upon the termination
of the current Fox and Carskadon lease..
BACKGROUND
In 1980, Thyra Duncan died and willed her property adjacent to the
main library to the Peninsula Community Foundation in trust for the
benefit of the City library. In 1986, the Foundation and the City
entered into an agreement setting forth the future use of the
property including an option for the City to purchase the property
for $500,000 at the expiration of the Fox and Carskadon lease.
Earlier this year, Fox and Carskadon extended their lease until
1995, but they have recently closed and vacated their offices. It
is our understanding that they now wish to terminate that exten-
sion.
Based on present and future library space needs, staff recommends
that we execute our 1986 option with the Peninsula Community Foun-
dation and acquire the property for $500,000. This $500,000 will
become the major asset of the Duncan charitable fund, and income
generated by that fund will continue to benefit the Library. Until
the City determines the future use of the upstairs portion of the
property, we would propose to continue the leases of the tenants on
a short-term basis. A portion of the downstairs area may be used
by the Fire Department administration during reconstruction of our
two fire stations. This acquisition will provide for present and
future library needs.
BUDGET IMPACT
Funds are not currently included in the 1990-91 budget for this
purchase. Our 5-year capital plan anticipated purchase in 1992-93
or later. Based on a "better than anticipated" $1 million increase
in general fund balance as of June 30, 1990, I recommend that funds
for the purchase come from undesignated general fund balances and
that the 1990-91 budget be amended accordingly.
Dennis Argyre
City Manager
vmw [DUNCAN]
Attachments
Z40 (gztjz of Nar6A3um
CITY HALL-501 PRIMROSE ROAD
BURLINGAME, CALIFORNIA 94010 TEL:(415) 342-8931
December 5, 1990
Mr. sill Somerville, Executive Director
Peninsula Community Foundation
1700 South El Camino Real 4300
San Mateo, CA 94402-3049
Dear sill:
RE: City Purchase Duncan Property
404-406 Primrose Road
The City Council at its meeting of December 4, 1990,
authorized the City to purchase the Duncan property from
the Peninsula Foundation in accordance with our July 7,
1986 agreement. This purchase is contingent upon the
termination of the current Fox & Carskadon lease.
In establishing the escrow account called for in our
agreement, we suggest that we use Ed Webster of First
American, 367-9050. We would also appreciate receiving
copies of the leases of the other tenants in the build-
ing.
Please consider this notice as formal request to execute
our option in accordance with our agreement. Please
contact me if you have any questions.
Cordially,
Dennis Argyres
City Manager
vmw [DUNCAN]
c: City Attorney
City Librarian VX
Surlinsame'Public Librarb
480 PRIMROSE ROAD
BURLINGAME, CALIFORNIA 94010
Pgric41 M. Bergsing
Uhrariau
Mr. Bill Somerville
Peninsula Community Foundation
P. 0. Pox 627
purlingame, CA 94010-0627
Dear Bill:
(415) 342.1038
January 9, 1986
This is to confirm, for the record, our conversation
of December 30, 19B5. At that time I apprised you that I
believed that in the future the Library might wish to
expand into the Duncan building. I brought this to your
attention in relationship to writing provisions into any
future .lease agreements that would make it clearly poss-
ible to take over the building. I suggested that you
might wish to consult with Mr. Albert Horn, the Attorney
on the Foundation Board of Directors.
You stated that Fox and Carskad❑n had recently signed
a 10-year lease, and the upstairs tenant, Ms. Guberman-Lane,
Is currently on her second 3-year lease. We both agreed
that no lease agreement should be signed beyond 10 years,
this is 1995, without protection for the Library in case
it should wish to occupy the building.
The Library Board of Trustees has requested copies of
tooth current lease agreements for the files, and has asked
me to verify if either agreement refers to Article V of the
Will which states: "that is the Burlingame Public Library
desires to use any space in the said building for Library
purposes, i't may do s❑."
I'm sending you this letter for your files, aiwd we will
keep a copy in the Library's files.
Happy New Year!!!
Yours truly,
M. -e/� r sin
Patriciag �J
City Librarian
PMO/,fig
cc: Mr. George Paul Lechich
BURLINGAME, CALIFORNIA
December 20, 1990
CALL TO ORDER
A special meeting of the Burlingame City Council was held on the above
V date in Conference Room A of City Hall. Mayor Gloria Barton called the
meeting to order at 5:00 p.m.
VnT.T. nnT T
COUNCILMEMBERS PRESENT: BARTON, HARRISON, LEMBI, O'MAHONY
COUNCILMEMBERS.ABSENT: PAGLIARO
RESOLUTION 153-90 - ACCEPTING GRANT DEED FOR 406 PRIMROSE ROAD
At the last meeting, council authorized purchase of the Duncan property
at 406 Primrose Road for $500,000 in accordance with an agreement with
the Peninsula Foundation which held the property in trust for the City
Library. The funds come from undesignated general fund balances and
the budget was amended accordingly.
Councilman Harrison moved adoption of RESOLUTION 153-90. Seconded by
Councilwoman, O'Mahony, carried 4-0.
CLOSED SESSION - COUNCILMAN PAGLIARO ARRIVED
Mayor Barton adjourned the meeting to a closed session at 5:05 p.m.
Councilman Pagliaro arrived at that time.
ADJOURNMENT
The meeting was adjourned at 5:15 p.m.
Judith A. Malfatti
City Clerk