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 .
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Exhibit .?
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'. 1. Letter from Bluma Levine, 'Chairman, Serra System. ',
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Staff Recommendations _, '.
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Recommend 'approval as all' .member li,braries are in favor..of.'this chanae. ~,
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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-
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;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
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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.
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. ’ 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:
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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
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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
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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.
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.- 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?.!!
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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
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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
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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
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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.
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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,
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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!
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30; ATTEST:
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