Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  19-001247

 

MEETING DATE:

12/17/19

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

3

SUBMITTING Agency/Department:

Social Services Agency   (Approved)

Department contact person(s):

Alyson Piguee (714) 245-6190 

 

 

Anne Bloxom (714) 541-7793

 

 

Subject:  Accept Donation from Berck Trust for Orangewood Children and Family Center

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

No Legal Objection

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

    Budgeted: No

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: $310,816

  Funding Source: 100% Other

County Audit in last 3 years: No

 

 

    Prior Board Action: N/A

 

RECOMMENDED ACTION(S):

 

Authorize the Director of the Social Services Agency or designee to accept the donation from First American Trust in the amount of $310,816 on behalf of the Berck Family Trust for the benefit of the Orangewood Children and Family Center.  

 

 

 

 

 

SUMMARY:

 

Acceptance of the donation from the Berck Family Trust will assist in supporting social, educational, recreational and other enriching activities for children placed at the Orangewood Children and Family Center.

 

 

 

BACKGROUND INFORMATION:

 

The Social Services Agency (SSA) is requesting the Orange County Board of Supervisors' (Board) authorization to accept the donation from First American Trust on behalf of the Berck Family Trust in the amount of $310,815.30. 

 

First American Trust is the current Trustee of the Berck Family Trust.  The Trust was created on June 20, 1977, by H. Steven Berck and Phyllis H. Berck, who are now both deceased.  Pursuant to the terms of the Trust, the Albert Sitton Home [now Orangewood Children and Family Center (OCFC)] is entitled to 25 percent of the Trust. 

 

On December 14, 1981, Phyllis H. Berck, as surviving Trustor, executed a third amendment to the Trust.  The amendment stipulated in part that Albert Sitton Home, now OCFC, would receive 25 percent of the Trust.  The amendment further stipulated that bequests to individuals would require that the individuals survive Phyllis, absent which the bequests will "lapse" and be distributed proportionately among the remaining beneficiaries of the Trust.  Due to the lapse of several individual beneficiaries, OCFC will receive 36.23 percent of the Trust. 

 

Steve and Phyllis (“Ann”) Berck were residents of Orange County for many years, having lived in Tustin and Huntington Beach.  Mr. Berck was born in Santa Ana in 1918.  He passed away in 1981, but Mrs. Berck continued to live in Huntington Beach until 2016.  Mrs. Berck was deeply concerned about the welfare of neglected and abused children and chose the Albert Sitton Home as a beneficiary of the Berck Family Trust.

 

Under California Government Code Section 25355 and Board Resolution No. 93-1235, attached as Attachments A and B, respectively, only the Board or a designee has the authority to accept donations from organizations, groups, businesses and the general public in excess of $10,000.  Upon receipt, the Berck Family Trust funds will be deposited in Fund 12S SSA Donations and Fees and used to enhance social, educational, recreational and other enriching activities provided to the children that temporarily reside at the OCFC.

 

 

 

FINANCIAL IMPACT:

 

Revenue for this donation will be deposited into Fund 12S, SSA Donations and Fees. The donation will be absorbed in the FY 2019-20 Budget.

 

 

 

STAFFING IMPACT:

 

N/A

 

 

 

ATTACHMENT(S):

 

Attachment A - California Government Code Section 25355
Attachment B - Board of Supervisors' Resolution No. 93-1235