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HomeMy WebLinkAbout1971-05-25; City Council; 450; Amendment to Joint Exercise of Powers Agreement. I CITY OF CARLSBAD, CALIF'O RN12 . . "'Agenda Bill No. -e- 3 . Date: Mav 25. 1971 . l 'deferred To:, . -.. . Subject: l l Submitted By: Fourth amendment to Joint Exercise of Powers Agreement ' . Georgina D. Cole' . . . . . Statement of the Matter The'contracting agent for the,Serra Librarv a is being changed from the City ' 'j. of San Diego to the County of San Diego, A fourth amendment to the Joint Exercise d of Powers Agreement is necessary,to complete ,-the change. This is a request for a from the Ci.ty Qf, Carlsbad approving such an amendment. 1 resolution . . . . . . Exhibit .? ‘... . . . .._. j ,, . . ,‘. ~.. p’ %;:.- I ‘I ‘t 1. -::7 1 &,:, t.qp w -f r . . -,.,..A I. .s, /Jo: p’ ./ . i I’(- i”’ ..,’ , I ././ ; .‘J:.(ffi :* (, 1 [,T /j I i, ‘. . . I’ . \ - ‘. '. 1. Letter from Bluma Levine, 'Chairman, Serra System. ', . . -. . '. '. , ' . ._ Staff Recommendations _, '. .' . . : Recommend 'approval as all' .member li,braries are in favor..of.'this chanae. ~, I' ); .&+j .$q&&g&p/fy ] -,. ;- : ‘_ l . I ,.’ ., c ” . . ” . ,; ) . ., .,. 1. .., ,, ..e.’ . . . . 1 , ,‘, . . “.,, * ‘. . . . . ,..; . . : I . . .’ ; , . . . ‘. . ., .’ ,)’ .’ . ‘. . . . ,.,: ‘. . . .,’ :. . . . ,) I .,’ ‘., ;... ,. ., / .I . ‘.’ _ : :* ;; “_ .; ,. .., : ,:;; . ..’ . ‘: ” ., . . -.. _-I_ _ . ,- -.... ~.~ -L, _ ..L 4 t . \ l - a ,- . ‘. f ?. 1 ‘_ A.23 No. l . . ., , Date: June 1, 1971 /’ I’ . . . :. .’ : .’ - ‘. - ,T ~’ . ’ * i * .’ : . . . ’ -8 ‘. ., . City Manager's Recommendation *"I '. . * [:' .' :* .. . . Concur .with staff recomme.nd$tion and,'request k'esplution authorizing * -1the City M&nag&r, to.sign th;e fourth a'greement concerning the S,erra Re- 'gibrial iibrary.'S.ystem.. ,.,' I ,’ ,’ L . ‘j ‘, ,. . ,, 1 1 ” 0. ._ “’ . : ’ . . * I. . . : ( .2. . :, ,. .’ ., ‘. . . ‘. . ;Council'A'ctiod . ' : . . ", 6-,l-71 ; . . : , Resolution No-,186s; fou'P!h ame.n,dme,n:t to Jo; nt Exercise powers agreemeFt‘,with SerPa Reglo,?al ,Iibrary System;:'was adopted by title and, further: -reading:,wa'iyed.:: 'I '., .' ,. .' .:. ,_, . I : .' ,.. : c * 0,. . . “, , .’ .,I . ( : . i ,. ,.’ . : ,,. I , ” ,‘. . . . ‘. ‘. ,’ I. ., .’ ‘.’ ..‘I : _.’ ‘. ‘, : : ,. ‘. .: ,.’ ,, ‘... ,,.,: . 1,: ,’ ,’ ,, : ‘. : ‘. ; .., , b’ , .)’ ‘. . . .‘I ,’ ‘> , .‘. . . . ..“ . *. L , . . : .’ ) / . . ‘. .. . . ,,I., .., .’ ‘. .’ ..’ .‘, .\ : .‘.. I. .I”,. ; ,‘. ,, ,. . .‘...’ . : : ,*’ ,‘.* .,’ .,’ .* ., .; ’ . ‘. a. .’ _ .; : ::,* -. ,i ‘.,. , . ‘. . ., : ., .,., ., . ‘,,: ,’ ; ,:. ,‘.. :. : . .:. ., . . ‘: * ,. ,’ ,:.. *. ., _’ .! .’ ., ,. . . ,, . . . . ’ . : -2, ‘. Serra Regional Library System SAN DIEGO COUNTY LIBRARY 5555 OVERLAND AYE. l SAN DIECO. CALIF. 82123 May 17, 1971 TO: All Serra System Libraries FROM: Bluma Levine, Marco Thorne, Arthur B. Murray Before San Diego County can accept funds for the Serra System, a 4th Amendment to the Joint Powers Agreement, designating San Diego County as contracting agent, is necessary. This should be done with all possible speed so that we do not run the risk of lack of funds to pay Serra personnel. This amend- ment is procedural and does not include any substantive change from the 3rd Amendment which was approved by each City Council. Please use the enclosed copy of the Joint Powers Agreement to place this item on the agenda for your City Council. The original will be delivered to you so that it can be signed by the designated city official. Please examine the enclosed schedule. If, for any reason, you cannot have this acted upon on the date designated, contact Arthur B. Murray immediately. ABM:rfo CARLSBAD CITY LIERARY l CHULA VISTA PUBLIC LIBRARY l CORONADO PUBLIC LIBRARY l ESCONDIDO PUBLIC LIBRARY NATIONAL CITY PUBLIC LIBRARY . OCEANSIDE PUBLIC LIEJRARY l SAN DIEGO COUNTY LIBRARY l SAN DiEGO PUBLIC LIBRARY . . . , _- _.^..1_. ..- II_ __._.,. ~. __ .._ _-. _.. “.. . . .._ I,. -x. : v -~. ~.~.___ THIS AGREEMENT, hereinafter sometimes referred FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT AMONG THE COUNTY OF SAN DIEGO AND THE CITIES OF SAN DIEGO, CARLSBAD, CHULA VISTA, CORONADO ESCONDIDO, NATIONAL CiTY AND OCEANSIDE IN REGARD TO THE SERRA REGIONAL LIBRARY SYSTEM 3 to CXJ?iTY CF SAN j)IEG=; C3NTI:ACT NU~BER~~~_o_~~,_Z_r,_S~~.- 4 (Reference above cunbez in each cooLn;unication regarding this contract as the Fourth Amendment to Agreement, is made and entered into by and between the COUNTY OF SAN DIEGO, a political subdivision of the State of California, and the CITIES OF SAN DIEGO, CARLSBAD, CHULA VISTA, CORONADO, ESCONDIDO, NATIONAL CITY AND OCEANSIDE, al.1 California municipal corporations, hereinafter sometimes referred to individually by name or collectively as "Members", WITNESSETH: WHEREAS, the State of California has enacted the Public Library Services Act in order to encourage the development of free public libraries throughout the State by grants to public library systems for the purposes of: 1. Assisting them in establishing, improving and extending library services; 2. Encouraging the establishment of library systems in areas where such cooperation would facilitate improved library service; and WHEREAS, on July 5, 1967, the Members (other than the Cities of Coronado, Escondido, and the County of San Diego) entered into an agreement entitled "Joint Exercise of Powers Agreement", hereinafter sometimes referred to as the 'Joint Powers Agreement", the original of which is on file in the Office of the City Clerk as Document No. 713880, continuing the cooperative regional c library system known as the Serra Regional Library System; and WHEREAS, said Joint Powers "First Amendment to Agreement", Coronado; and WHEREAS, said Joint Powers "Third Amendment to Agreement", Escondido and the County of San Agreement was amended by a so as to include the City of Agreement was amended by a so as to include the City of Diego; and WHEREAS, the Members are desirous of continuing the cobperatcve regional library system known as the Serra Regional Library System for the purpose of improving and extending public library services to all residents of the cities and county by closer cooperation between their respective libraries, and in order to obtain the benefits,.of such a system as provided by law on such terms and conditions as hereinafter follow; and WHEREAS, it is desirable to change the contracting agency with the State of California; NOW, THEXEFORF,, in consideration of the premises and the promises herein contained, the Members agree that that certain Joint Powers Agreement, hereinabove referred to, as amended by First and Third Amendments thereto, is hereby amended in its entirety to read as follows: 1. Pursuant to the provisions of the California Education Code, Sections 27111, et seq. (Division 20, Chapter 1.5) the Members have formed the Serra Regional Library System. . 2. Each of the public libraries within said Cities and County shall be considered a "member library" of said System. -2- . ’ 3. The obligations and conditions that hereinafter follow are contingent upon the approval of 'the State Librarian of the plans of library service which have been submitted by the member libraries. A. The County of San Diego shall perform the following services: , i. Provide a headquarters for the System at the San Diego County Library Headquarters. ii. Act as contracting agency with the State of California for the receipt of disbursements and accounting of such funds as may be allocated by the state or federal government for System use. iii. Issue regular reports of receipts and dis- bursements and accounting of funds, or shall do so on demand of any member library; provided, however, for the fiscal years ending June 30, 1971 and June 30, 1972, the City of San Diego shall report on and account for funds received by it pursuant to contracts executed by it as contracting agency under the terms of the Joint Powers Agreement prior to this Fourth Amendment to Agreement, and the County of San Diego shall report on and account for only those funds received by it pursuant to contracts executed by it as contracting agency under the terms of this Fourth Amendment to Agreement. B. The Members shall administer their own public libraries independently, selecting their own.books, hiring -3- their own personnel, and operating according to the policies and rules established by their own governing bodies, boards of trustees or city managers. c. Member libraries shall permit any borrower in good standing in one member library to borrow books and other library material circulated by any other member library, according to-its rules, without discrimination because of his place of residence and without payment of a non-resident fee. Material so borrowed from one member .' library may be returned to another member library without penalty. D. Member libraries shall lend circulating books and other materials, according to their own rules, on inter-library loan to other member libraries, and shall provide photocopies of reference material to other member libraries at cost. E. A reference and information center shall be established at the City of San Diego Public Library - Central Building (the library which has the largest book, periodical, document and specialized resources) where questions which cannot be answered by member libraries or branches thereof will be referred. F. Some or all of the member libraries may coordinate their book and periodical purchases in order to obtain improved discounts from dealers, compile union lists or catalogs of the holdings of member libraries, or . -‘Q- initiate and carry out other cooperative projects of benefit to two or more of the member libraries. 4. An Executive Committee consisting of the head librarians of the member libraries or their designated representa- tives shall be formed, which shall act as the governing body of the Serra Regional Library System. The Executive Committee shall elect one of its members as president who shall serve for one year and preside over Committee. The Executive regulations for operation from System funds. all meetings of the Executive Committee shall draw up rules and of the System and authorize expenditures 5. Any member library may withdraw from the Serra Regional Library System by serving formal written notice of termination 120 days prior to the end of the fiscal.year. The System shall continue to exist so long as there are two member libraries, provided these two meet the requirements of System membership as to population served, size of book collection, and all other requirements established by the California State Library and by the laws of the State of California. A library which withdraws from the System shall be promptly paid its part of the personal or real property belonging to the System, in proportion to funds or property paid in by the library or in its name, if from state or federal funds. If the System shall be totally dissolved by act of the Executive Committee or because of lack of finances, the property of the System shall be divided in proportion to funds paid into the System in the name of each library. -5- .- 6. Other public libraries may apply for membership in the Serra Regional Library System, irovided they meet the requirements of System membership as established by the California State Library, and by the laws of the State of California. All such applications must be approved by the System Executive Committee. I 7. The effective date of this Fourth Amendment to Agreement shall be from the date of its execution to June 30, 1972. The annual period from July 1 to June 30 shall be considered the System's fiscal year. This Agreement shall be renewable annually thereafter, from year to year under the same terms and conditions, unless written notice of termina- tion is received. This Agreement is executed by the COUNTY OF SAN DIEGO acting by and through the Board of Supervisors of said County, under and pursuant to Resolution No. 100 , authorizing such execution, this 22nd day of June , 1971. f.P?-‘;?‘,.yyl .*.c 73 r”,E?.!! ,- -I ; .-. r; -.., -. - ,. ‘,,i ._z .: r: , ._,. --. I I- r’ c;;;.,;; tQ;j::~-;: 1 -.- ---\/- *,, r-, a., 4 ..---e!,e y-’ w r $ ? ‘J THE OF SAN DIEGO g&-lzi$/Q&,~AxCB/ Clerk of the Board of Supervisors -2 This Agreement is executed by the CITY OF SAN DIEGO 'C+,.-.. acting by and through the City Manager of said City, under and pursuant to Resolution No. ~<]‘?Q 7-Q '-REh>hd , authorizing such execution, this ' -I day of ) :->-- , 1971. ,: AppFoWhii &Cl/or author@! by the &aril C/~HE :ITY OF SAN DIEGO J Supervisors of the County of San Meg0 JUN 2 2 1971 $/d d %& # 4 Clerk of the Board of Supervisors -6- . ‘. This Agreement is executed by the CITY OF CARLSBAD acting by and through the City Manager of said dity, under and pursuant to Resolution No. 1865 , authorizing such execution, this 1st day of June -- , 1971. THE CITY OF CARLSBAD &dkiLd ?Xt$' Manager This Agreement is executed by the CITY OF CHULA VISTA acting by and through the City Manager of said City, under and pursuant to Resolution No. 6063 , authorizing such execution, this 25th day of May 3 1971 l THE CITY OF.C;HULA VISTA L&gigg~l.~& Mayor This Agreement is executed by the CITY OF NATIONAL CITY acting by and through the City Manager of said City, under and pursuant to Resolution No. 10,343 , authorizing such execution, this 18th day of May. , 1971. THE CITY OF NATIONAL CITY This Agreement is executed by the CITY OF OCEANSIDE acting by and through the Mayor of said City, under and pursuant to Minute Order& Council, authorizing such execution, this ?~;a day of &Jr , 1971. Resolution No. '71-95 THE CITY OF OCEANSIDE ,1 ../;: 4, - _~ // 1) iz;;< ;q* . J.,..-, Ma 'r Y -7- by to This Agreement is executed by the CITY OF CORONADO acting and through the City Manager of said City, under and pursuant Resolution No. qbg9 , authorizing such execution, this /6wday of Zu/3g, 1971. . This Agreement is executed by the CITY OF ESCONDIDO acting by and through the City Manager of said City, under and pursuant to 'Resolution No. 4891 authorizing such execution, this 9th day of June >,. 1971. THE CITY OF ESCONDIDO -8- MG:mav RESOLUTION NO. 1865 2; A RESOLUTION OF THE CITY COUNCIL OF THE CITY 31 OF CARLSBAD AUTHORIZING EXECUTION OF FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT , I WHEREAS, a fourth amendment to the Joint Exercise of 61 Powers Agreement has been prepared reflecting a change in the 7' contracting agent for the Serra Library System from the City 8/ of San Diego to the County of San Diego, and 91 WHEREAS, said amendment is necessary in order to secure 101 funds for payment of Serra System personnel, and said amendment 11: represents a procedural change only. 12; Now, therefore, be it resolved that City Manager, Jack B. 13 :I ! Arnold, is directed and authorized to execute on behalf of the 141 City of Carlsbad, that certain "Fourth Amendment to Joint Exer- 151 cise of Powers Agreement Among the County of San Diego and the I 161 Cities of San Diego, Carlsbad, Chula Vista, Coronado, Escondido, 17 National City, and Oceanside in Regard to the Serra Regional Library System." PASSED, APPROVED, AND ADOPTED at a meeting of the City II 211 Council of the City of Carlsbad, California, held June 1, 1971, 22il I/ by the following vote, to wit: 23 jl I 24 . AYES: Councilmen Dunne, McComas, Jardine, Castro and Lewis 25 1) NOES: None / e6/' ABSENT: None 27; 28 * i! 4 - 30; ATTEST: I 31'1 32/ ,