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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: Meeting ID: 842 9618 5834 Passcode:485830 Access the meeting by phone: Dial 1-669-900-6833 Meeting ID: 842 9618 5834 Passcode: 485830 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 6 7 8 9 10 11 17 13 14 15 16 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 k+4 r.w.a c+r MOq rro,. a-.seo s 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 st..+ve. Aa.6 IEU.I.M N�af Ul.w NNO Mf� NtMGO E 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 { 35 36 CA"A. MCCLELLAN, INGER ROLL UompSoN A HORN ATTCRN[" 61 µW *4 - ApAp IN�RI[� W W - *�pq - .M 3.1 0lop . 1 I 2 3 p 4 P 5 a 6 m 7 s 8 b 9 10 t 11 1.2 C 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CARR MCCLELLAN.INGERSOLL THOW'soN & HoRN A"Oft.RY7 AT LAW dN YA.Y bwD M1mai.cwc C6 .+oW �.ie• vt B+uo e y f r ,.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