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1978-09-05; City Council; 5571; Participation in California Library Services Act
CITY OF CARLSBAD AGENDA RILL NO. Initial: DATE: September 5, 1978 Dept.Hd.� C. Atty. \)F= DEPARTMENT: Library C . Mgr. Subject: Library participation in the California Library Services Act Statement of the Matter i On July 1, 1965 the member libraries of the Serra Regional Library System, (Carlsbad, National City, Oceanside and San Diego City), entered into an , agreement entitled "Joint Exercise of Powers Agreement". Subsequently the i agreement has been amended to include the libraries of Brawley, Calexico, Chula Vista, Coronado, E1 Centro, Escondido, Imperial City, Imperial County and San Diego County. Since that time the name of the organization has been changed to thesSerra .CoppenativeG_Li-braryFSys'tem. 'the original Joint Powers Agreement was entered into as a result of the State of California'enacting'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 purpose of: j 1. Assisting them in establishing, improving and extending library services; P 2. Encouraging the establishment of library systems in areas where such cooperation would facilitate improved library service. f 1 On July 7, 1978, the Cali'fornia.Librdry Services Act was adopted to replace, the Public Library Services'Act. Local jurisdiction authorization is required for continued participation in the Act's programs, interlibrary loans, universal f borrowing -and equal access. x r a Exhibit Memorandum from the Library Director. i Copy of Order Adopting, Amending Or Repealing Regulations of the California Library Services Board. Resolution No. ,f • Letter from City Manager'to City Council dated August 29, 1978 ' Recommendations ' If the Council concurs, upon the adoption of Resolution No the Mayor -should be authorized to execute the.jurisdictional authorization for continued participation by the Carlsbad City Library in CLSA'. Council Action: 9-5-78 Council adopted Resolution 5531, and authorized the Mayor to execute the jurisdictional authorization for continued participation by the Carlsbad City Library,in CLSA, . August 4, 1978 MEMORANDUM TO: City Manager FROM: Library Director SUBJECT: CLSA participation i Three major advantages to the citizens of Carlsbad, through CLSA j participation, are described below: +, 1. Interlibrary Loan (IL-L) a In adopting Administrative Code Section 20255 (a), the California ! Library Services Board made participation in ILL, in some form, j mandatory for any public library participating in any of the other i programs of the ACT. 3 An Interlibrary Loan is defined as the loan of a library material ! of any type which is collected by a library or the provision of a copy in lieu of loan of a library material from an eligible, par- ticipating lending library to any eligible borrowing library as defined in Education Code Sections 18744 and 18765. This transfer of materials is usually accomplished by the Serra delivery truck, United Parcel or the United States Postal Service. 2. Equal Access Every public library member of a Cooperative CLSA System is also required to participate in Equal Access. This means that any person with a Serra card may borrow and return materials to any library in the System. Public and County Libraries in Imperial County are in- cluded within the Serra System. 3. Universal Borrowing While Equal access is concerned with transactions between members i of a System - universal borrowing extends these privileges to any- one in the State of California. t The Carlsbad Library has been participating in all three functions for at least the past five years and has found these services to be valuable to its clientele. It is the recommendation of the Library Director that Council consider favorably the resolution to continue participation in CLSA and to ap- prove continuance of Interlibrary Loans, Equal Access and Universal Borrowing. tea , c 0 GEORGINA D. COLE LIBRARY DIRECTOR T . Serra Cooperative Ebro), Sj►stem 4 Daly System Headquarters: SAN DIEGO COUNTY LIBRARY rQ 5555 OVERLAND AVENUE • SAN DIEGO, CALIF. 92123 • 278.8090 8 August 1978 Mrs. Georgina Cole, Director t Carlsbad City Library a 1250 Elm Avenue Carlsbad, CA 92008 Dsar Georgina: i Following are some f.,cts of interest to you relating to the CLSA: The CLSA provides direct funding to public libraries for three traditional cooperative services: interlibrary loan, equal access, and universal borrowing. (.Equal access and universal borrowing are often called reciprocal borrowing.) ( ---Interlibrary loan is a transaction whereby one library borrows a j book from another library to fulfill a user's request. The California Library Services Board is presently proposing a payment of $2.26 to pay to the public library making the loan; this is not a net payment; r i.e., they will authorize such payment for loans regardless of how many times the lending library may borrow from any other libraries. This is a statewide program. i ---Equal access is intra-system reciprocal borrowing. An equal access transaction is essentially a circulation transaction. A transaction is incurred when a citizen himself borrows materials from a library outside the jurisdiction of his residence; e.g., a citizen I of Escondido may come to the Carlsbad Library to borrow materials from that library using his Escondido card. This is a reciprocal arrangement. The CLSB proposes to pay creditor libraries $.40 per 1 net credit transaction. If, for example, the citizens of Carlsbad borrow 100 books from libraries outside of -Carlsbad, and the Carlsbad Library loans 150 books to non -Carlsbad citizens, the Carlsbad Library will be reimbursed $.40 for 50 transaction, or $20.00. # ---Universal borrowing is the same as equal access, except that it applies to California citizens outside the Serra System; it is inter -system rather than antra -system. The figure of $.40 applies I in universal borrowing also. It is the intent of these three provisions of the Act to compensate public libraries that participate in fulfillment of the Act by making their resources freely available to all citizens of California. BRANIEY PUBLIC LIBRARY . CALEXICO PUBLIC LIBRARY . CARLSBAD CITY LIBRARY . CIIULA VISTA PUBLIC LIBRARY COR014A00 PUBLIC LIBRARY . EL CENTRO PUBLIC LIBRARY . ESCONDIDO PUBLIC LIBRARY . IMPERIAL COUNTY fREE LIBRARY . IMPERIAL PUBLIC LIBRARY NATONAL CITY PUBLIC LIBRARY . OCEANSIDE PUBLIC LIBRARY . SAN DIEGO COUNTY LIBRARY . SAN DIEGO PUBLIC LIBRARY Mrs. Georgina Co1.e °v ZiU6 i i. 19 i o ' Page 2 The compensation is made to pay for handling the materials loaned. Communications and delivery costs are covered in other parts of the Act. The money figures of $2.26 and $.40 are not confirmed as yet. The CLS Board meets to decide on these figures on 24-25 August. There are rules and regulations implementing the Act which pretty clearly prescribe the administrative details related to reimbursement. The rules and regulations cover such things as identifying place of residence, exceptions to the policy, materials constituting a transaction, and reporting requirements. There are several critical features of the Act related to the compensations made for services. One of these features that you were interested in is in Paragraph 20101 (c) of the rules and regulations which states that money received for reimbursement must be used to supplement rather than supplant local and regional library services. If I can give you any more information, please don't hesitate to call. ince ely, Ed Sayre Coordinator ES/gt ' Foitw 400 FACE SHEET R FILING ADMINISTPATIVE REGL�TIONS VITFi THE SECRETARY OF STA 1 E (Pa. ::5 w:r:aame Cote $ec" �o I 13 SO.1) Copy below is hereby certified to be a true and correct copy of regulations adopted, or amended, or an order of repeal by: I CALIF OR:`JIA LIBR*.y SZ-hVICES B0.4RD (ATcneI) i Date of adoption, amendment, or repeal: California State Librarian DO NOT WRITE IN THIS SPACE (Tide) ORDER ADOPTING, AMENDING OR REPEALING REGULATIONS Or THE CALIFORPIIA LIBRARY SEERVICES BOARD DO NOT WRITE IN THIS SPACE After proceedings held in accordance with the provisions of the Administrative Procedure Act (Government Code, Title 2, Division 3, Para 1, Chapter 4.5) and under the authority of and to implement, interpret and make specific Chapter 4 (commencing with Section 18700) of Part 11 of the Education Code and pursuant to the Administrative Procedure Act, the California Library-Farvices Board hereby adds Articles 1,2,3, and 6 and 7-of Chapter 2 to Part I of Title 5 of the California Administrative Code, as follows: CHAPTER 2. CALIFORNIA LIBRARY SERVICES Article 1. General Provisions Section 20100. Scope. The regulations contained in this chapter shall imple- r cent the California Library Services Act, Chapter 4 of Part 11 of Division 1 Of Title 1 of the Education Zode, beginning with section 18700 thereof. Section 20101. General Provisions. (a) The State Board finds that it is in the best interests of the citizens of California and best fulfills the purposes of the Act (Chapter 4, part 11, Division 1, Title 1, Education Code) that libraries participating in any one program of the Act participate in all ap- i',plicable programs of the Act. (b) Any public library participating in programs of the Act shall, under section 18724(h) of the Act, provide access to the libraryts bibliographic and location drta upon request from the State Board for inclusion in the ap- propriate data base established by the State Board in implementation of the Act. 'The accesa shall be provided in such form, manner, and frequency as are agreed upon between the State Board and the library. (c) Funding distributed according to California Library Services Act provisions ma„ky not be used to support other than library purposes, To comply with Education Code Section. 18703(c), the funding nay not be used to replace local funds for library services, but only to supplement the local funding to further the purposes of the Act. I I*V.400A (a.r.t CONTINUATION SHEET FOR F1J---G ADMINSTRATIVE REGULATIONS Vt .i THE SECRETARY OF STATE (Pursuant to Government Code Section 11380.1) 2 Section 20102. Special Filing Provisions for 1978/79. (a) Filing dead- line for 1978/79. Libraries wishing to participate in any programs of the Act, except for consolidations and affiliations (sections 18732, 1875111 and 18752 of the Act) in 1978/79 must file the necessary documents, de- scribed in this chapter by September 1, 1978. (b) Option for Joint Filing of 1978/79 and 79/80 Documents. The docents required for program participation in 1978/79 may, at the local jurisdiction's discretion, be incorporated into the documents also to be filed on September 1, 1978 for 19?9/80 participation to the extent that a single document can cover the requirements for each of the two years. This provision is in force only this one filing deadline. All future year dead- lines are as described in the following regulations. (c) Filing Deadlines for Consolidations and Affiliations for 1978/79 and 1979/80. Libraries filing for consolidation or affiliation grants under section.18732, 18751, and 18752 of the Act in 1978/79 and all later years must follow the procedures and deadlines described in Article 5 of this chapter. Section 20103. Waiver of Filing Date. The State Board may waive or reset any filing dates required by these regulations, if the State Board deter - clines that so doing would best serve the purposes of the Act. Section 20104. Eligibility to Participate. Funding under any program, of the Act shall be provided only to libraries which are physically and administratively located within'California and which meet any additional eligibility criteria required for specific program participation. Section 20105. General Requirements for Participation. (a) Public Library Participation Authorization. Every public library wishing to participate in any of the programs of the Act must file with the State Board an author- izatioa by the jurisdictional governing body for that library's participa- tion. The authorization must be in the form and wanner and be filed by - the date specified by the State Board. (b) Public Library Certification. Upon the authorization by the juris- dictional governing body, the head librarian of each public library wishing to participate in the programs of the Act must file a certification of compliance with provisions of the Act. This certification shall remain in effect until the library jurisdiction no longer complies with the stated provisions. The certification shall specifically include compliance with Education Code Sections 18703(c) and 18724(e). If the library or jurisdiction is no longer in compliance, the head librarian shall notify the Board no later than September 1 of the fiscal year affected. 3131e.710 f.7e feN Q a. . 4UUA ti?.71 CONTINUATION SHM FOR FILING ADM1NSTRATIVE REGULATIONS WITH THE SECRETARY OF STAT(o**� • (Pursuant to Government Code Section 11350.1) 3 (c) Participation by Libraries other than Public Libraries. The head librarian of such library eligible to participate in any of the programs of the Act and wishing to do so must file with the State Board a notice of its intent to participate and of its agreement to the provisions of the Act and administrative regulations as they apply to the library's participation. This notice shall be filed in such form and manner as specified by the State Board by September 1 of the year preceding active participation. The agreement shall remain in effect until recinded by the State Board or the library. (d) Reports, Applications, and Claims. Any budget documents, reports, applications, and claims for funds pursuant to this Act shall be.submitted by participating libraries in such form and manner and by the dates estab- lished by the State Board. Section 20106. Uniform population Statistics. Any funds distributed per capita shall be awarded using the most recently published and available combined estimate for cities and counties from the California State Department of Finance. Article 2. California Library Services Board Procedures Sectioa 20116. Officers of the State Board. The State Board shall elect a President and Vice -President. The State Librarian shall be the Chief Executive Officer of the State Board. (a) The State Board shall annually elect a President and Vice -President �'at the first regular meeting of each calendar year. (b) Should a vacancy occur in the Office of President or Vice -President, the State Board shall at its next regular meeting elect one of its members to fill such vacancy for the remainder of the term. (c) Duties of President. The President shall preside at all meetings of the State Board, shall execute for the State Board any documents re- quiring such execution, and shall perform such other duties as the State Board so provides. (d) Duties of 'Dice -President. The Vice -President shall in the absence of the President perform any of the duties of President that cannot reason- ably await the President's return. (e) Duties of the Chief Executive Officer. (1) Make such reports and recommendations as may be required by the State Board. (2) Administer the provisions of this chapter. (3) Review all claims to ensure programmatic and technical com- pliance with the provisions of this chapter. :o 400, ia.i:7 CONTINUATION SHEET FOR Ff�AG ADMINISTRATIVE REGULATIONS V►1tH THE SECRETARY OF STATE (Pursuant to Government code Section 11330.11 4 ' Section 20117. Quorum. A quorum for all State Board meetings shall be seven (7) members. The concurrence of 7 of its members shall be necessary to the validity of all actions of the State Board. Section 20118. Regular meetings. (a) Date. Regular meetings of the State Board shall take place at -least bi-monthly on the first Thursday of the months of January, March, May, July; September, and November. (b) Place. The tentative locations for the regular meetings of the following calendar year shall be determined at least two months prior to the beginning of that year. (c) Change of date or place. Nothing in this regulation shall be construed to prevent the State Board from altering its regular meeting dates 'or places of meeting. {1 $ (d) Meeting notice. A notice of regular meetings shall be provided at least seven days prior to the meeting date to any person annually request- ing such notice under section 20119 below. Such notice shall include the time, date, and place of the regular meeting and a copy of the agenda therefor. Section 20119. Notices. (a) Eligibility. Notice of any regular or i special public meeting of the State Board shall be given to any person 1 e annually requesting under section 20119(b). i ? (b) Procedure. Individuals and organizations wishing to receive } notice of regular and special meetings of the State Board and copies of the 3 agenda -may annually request the Secretary to include their names on the o mailing list. Inclus:loa on the mailing,list Will result in notification = to the addressee of all regular and special meetings of the State Board. t o° The Secretary shall annually notify interested agencies and organizations that, upon request, they are entitled to be placed on the mailing list. Section 20120. Open Meetings of Committees, Commissions, and Advisory Bodies. (a) State Board Committees. Meetings of State Board committees composed solely of members of the State Board, created oy a formal action of the State Board, shall be open and public.. I (b) Advisory bodies. Unless otherwise provided by law, meetings of any advisory body, or committees or subcommittees thereof, created by statutes or by formal action of the State Board, to advise or report or s recommend to the State Board, shall be open and public. Section 20121. Open Meetings. All meetings of the State Board will be open and public except for executive sessions authorized by Government ! Code Sections 11120 - 11131. i 3 e1/16.770 3.72 saw t I '0.400A 4d-in CONTINUATION SHEET "`�t)R FILING ADMINSTRATIVE REGLILAT,I�,NS WITH THE SECRETARY OF STATE (Punuont to Gor.,iment Cod. S.ction 11380.1) Section 20122. Special Meetings. Special meetings may be called by the President of the State Board or a majority of the members thereof for any stated purpose. Notice of such meetings shall be provided at least 24 hours in advance to those persons so requesting under section 20119(b). Section 20123. Emergency Meetings and Agenda Items. (a) Power. An emergency meeting may be called by the President of the State Board or a majority of the members thereof without providing the notice required by section 20119 if there is an unforeseen emergency condition in ex- istence. (b) Definition. An unforeseen emergency condition exists when there is an immediate threat of adverse effects on the program authorized by the Act of such scope that requires action of the State Board to avert such effects. (c) Agenda Items. An item may be included on the agenda of any reg- ular meeting if an unforeseen emergency condition exists without the notice required by section 20119. (d) Certification. Concurrence of 7 of the members is required to certify that an emergency condition exists in order to take any action at an emergency meeting or regarding an emergency item. (e) Notice. If reasonably possible, notice of the emergency item or meeting shall be provided to those so requesting under section 20119(b). Lack of such notice shall not invalidate any action taken on said item or at said meeting. Section 20124. Agenda. (a) All matters to be submitted for considera- tion of the State Board shall be sent to the Secretary at least 10 days preceding a regular meeting of the State Loard, at California Library Services Board, P.O. Box 2037, Sacramento, CA. 95809. (b) Setting of Agenda. The agenda for regular meetings of the State Board shall be set by the Chief Executive Officer at least 8 days prior to the meeting. Section 20125. Speakers. (a) Recognition of Speakers. Members of the public or the State Library staff will be recognized by the President of the State Board to speak at any meeting. All remarks made shall be germane to the business at rand and shall be addressed to the President. No person other than the perscu having the floor and members of the State Board shall be permitted to enter the discussion. (b) Subject of Remarks. All speakers before the State Board shall confine their remarks to the subject indicated in their written req,iest, or indicated in the recognition by the President. 5 i101..720 2.77 7.M G «;, aOCA i�.•:n CONTINUATION SHEET FOR SING ADMINISTRATIVE REGULATIONS oaRht ITH THE SECRETARY OF STATE (Pursuant to Government Code Section 11380.1) 0 Section 20127. Robert's Rules of Order. Except where the provisions of the California Library Services Act of 1977 or of these regulations provide to the contrary, or when the State Board determines otherwise, the State Board shall operate under the latest edition of Robert's Rules of Order. Section 20130. Public Hearings. (a) Notice. The State Board may hold a public hearing regarding any matter pending before it, after giving the 30-day notice as required- by the California Administrative Procedures Act. Such notice shall include adequate descriptive matter relating tb the subjects to be considered in hearing. (b) Alternative hearing. The State Board may direct that a public hearing be held -before staff of the State Library, an advisory commission to the State Board, or -a standing or ad hoc committee of the State Board regarding any matter which is or is likely to be pending before the State Board. (c) Speakers. (1) Notice. Persons wishing to address the State Board on a subject to be considered at a public hearing, should present a request to the Secretary four(4) working days in advance of the meeting at the office of the Secretary, stating the subject they wish to address, the organization they represent, if any, and the nature of their testimony. Persons wishing_to address the Board, who have not presented a request four days in advance, may be heard at the dis- cretion of the presiding officer. (2) Copies of Statement. The speaker may provide a written copy of his statement to the Secretary 24 hours in advance of the hearing. (3) Public Testimony. At or before the hearing at which oral comments from the public are to be received, the State Board or other hearing body shall determine the total amount of time that will be devoted to hearing such oral comments, and may, at its discretion, determine the time to be allotted to each person or to each side of an issue. Section 20131. Waiver by Presiding Officer. At any time upon a showing of good cause, the presiding officer of the hearing may waive the require- ments of Sections 20130. Section 20134. Public Records. (a) Inspection of Public Records. (1) Inspection of the original copy of any public record of the State Board (as defined in Government Code section 6252(d) and 6254) will be permitted during regular office hours of the State Library, Library - Courts Building, Sacramento. e Ble•/so 3.7e ].M —o '4COA CONTINUATION SHEET "')OR FILING ADMINSTRATIVE REGULAP"INS WITH THE SECRETARY OF STATI, (Pursuont to Government code Section 11380.1) 7 (2) Requests to inspect such records should be filed with the Secretary at least five working days prior to the requested date in order to insure availability. (3) Requests for inspection should be as specific as possible in identifying the records desired. (4) Original copies of public records shall not be removed from the office the Secretary. (b) Obtaining Copies of Public Records. (1) Requests to obtain copies of public records may be made in person or by mail to the office of the Secretary. (2) Such requests should be as specific as possible in identi- fying the records desired. (3) Certification of the authenticity of copies may be obtained from the Secretary. Article 3: General Provisions for Systems Section 20135. System Plan of Service. Each System participating in programs of the Act shall adopt a System Plan of Service, developed with the assistance of the System Advisory Board. Beginuing with funding requests for 1979/80 the plan shall be manually submitted tc the State Board by September 1 of the fiscal year immediately preceding the fiscal year for which funds are requested. The annual. Plan of Service shall describe in the form and manner prescribed by the State Board how the System proposes to carry out the purposes of the Act, and it shall include the System's annual budget proposal. Section 20136. System Administrative Policy Manual. Each System partic- ipating in programs of the Act must develop br July 1, 1979, a System AL=� nistrative Policy Manual which shall include along with any other items the System finds useful, its policies for: (a) Receiving and accounting for state and federal funds on behalf of the System. (b) Employment of System personnel. (c) Interaction with System Advisory Boards. (d) Executing the System programs approved by the State Board. Policy manuals shall be in conformity with the California Library Services Act. Policy manuals shall be kept current. e101e.71* 1.71 11M 0 CONTINUATION SHEET FORS UNG ADMINSTRATIVE REGULATIONS 17N THE SECRETARY OF STATE (Pursuant to Government Code Section 11320.1) Section 20140. System Administration. (a) Cooperative Library Systems. The System Administrative Council shall consist of the head librarian of each jurisdiction in the system. In case of the head librarian's absence, ar. official delegate or alternate may vote•in place of the head librarian. It shall have regular meetings, open and accessible to the public and to members of the System Advisory Board as required in the Ralph Me Brown Act (Govt. Code Section 54950-54961). Information about the meetings of the Council shall be disseminated in such a way and in such languages as the Council determines will most effectively info= the public of the Council's activities. The Council shall be represented at each meeting of the System Advisory Board. The Council shall provide for the position of a Council Chairperson, and for rotation of that position among the Council members. (b) Single Library Systems. Meetings of the governing body or CO= ission of a Single Library System, insofar as they concern themselves with matters regarding the Act, and information about those meetings, shall conform to the requirements of 20140(a), above. The head librarian or alternate of the Single Library System shall attend each meeting of the System Advisory Board. The head librarian of the Single Library System shall be the System Administrator for purposes of the Act. Section 20145. System Advisory Board. (a) Establishment. An Advisory Board for each System shall be established as soon as possible, but in no case later than March 31, 1979. The Advisory Board shall consist of the number of members specified in Education Code Section 18747(b) and 18748, except that no System Advisory Board shall consist of fewer than five members. (b) Advisory Board Members. In each fiscal year after 1978/79, each System shall provide the California Library Services Board annually, no later than September 1, with a list of the members of the System Advisory Board and an indication of the underserved population segments represented. For the 1978/79 fiscal yea_^, this list shall be provided by April 15, 1979. (c) Advisory Board Meetings. The Advisory Board shall have regular meetings, open and accessible to the public. Information about the meetings, shall be disseminated in such a way and in such languages as the Advisory Board determines will most effectively inform the public of the Advisory Board's activities. The Advisory Board shall maintain contact with the several communities in the System service area. The Advisory Board shall Provide for the position of a Chairperson, and for the rotation of that Position among the Advisory Board members. (d) Single Library System Advisory Board duties. For purposes of Education Code section 18750, Single Library System Advisory Boards shall provide their assistance and advice to the head librariar.. L 31914.750 3.79 a@" Q Y u L i r z Y a 3 0 z 0 c .•� Article 4: System Reference 9 Section 20150. Local flexibility. The intent of this Article is to allow Systems maximum flexibility to decide in what way they will carry out the requirements of the Article. Systems should provide the best possible pro- fessional Reference services. Section 20151. Integrated service program. The intent of this Article is that the elements to improve service to the underserved should be developed and carried out as much as possible in an integrated manner with all local and System services, so that all elements together provide an inseparable, total library service program. Section 20160. Special Requirements for 1978/79 and 1979/80 Allowance. (a) Allowance for 1978/79. The following provisions are provided for use in conjunction with the general 1978/79 filing regulations described in section 20102. (1) A System wishing the allowance for 1978/79 reference operations shall file by September 1, 1978, on forms prescribed by the State Board, a statement describing: a. How it intends to use the allowence to carry out the legislative purposes of Education Code section 18741: and b. What dollar amount of the allowance it estimates will be used to improve reference Service to the underserved. (2) If a new member joins the System by September 1, 1978 and is approved under Education Code section 18752. the reference allowance for 19,3/79 will include that new member's Participation from July 1, 1978. (b) Allowance for 1979/80. A System wishing the allowance for 1979/80 reference operations shall file by September 1, 1978 as part of the Plan of Service, the following statements: (1) A description,of how the System proposes to carry out the purposes of Education Code section 18741; (2) A budget proposal outlining the funding necessary to imple- ment the System Reference program; and (3) What dollar amount of the allowance it estimates will be used to improve reference service to the underserved. -fiction 20161. Requirements for Allowance for years following 1979/80. -A System wishing the allowance for any year following 1979/80 shall file by September 1 immediately preceding the beginning of the•operating year, as part of the System Plan of Service, the following statements: (a) A population profile. This shall be no more than five years old, and shall use the most current data available. (b) A description of the users and the non -users of the services of the members of the System. (c) A description of the reference services provided by the System. (d) A list of the major unmet information needs of the population of the System area. I S f 10 (e) A plan for the "a of the allowance, listing eat..L of the services r in (c) above which the System plans to maintain or improve, and each of the ;:='- uced- 1-► (d) above Which the System plans to address. under each such service to be provided or unmet need to be addressed, the plan shall include: (1) The user benefit expected. (2) A brief description of the method by which the benefit will be provided. (3) The dollar amount to be expended for providing the service or addressing the un-et need. (f) A report for the fiscal year just ended, that describes actual accomplishments and expenditures of the System reference program, compares them with the planed accomplishments and expenditures for the fiscal year just ended and includes other appropriate commentary. Sectiot 20162. Single Library Systems. Single Library Systems wishing the reference allowance shall follow the require©ents of section 20160 and 20161. They shall in addition indicate how their use of the funds carries out the legislative policy to encourage and enable the sharin6 of resources between libraries maintained by different jurisdictions: Article 5: Consolidations and Affiliations Section 20180. Public Library Consolidations. (a) If any two or more jurisdictions operating public libraries wish to consolidate their libraries into a•single library agency and receive establishment grants under Education Code section 18732, documents must be filed with the State Board as follows: (1) If the effective date for consolidation is on or before July 1, 1978, but not earlier than January 1, 1978, notices of intent must be filed by June 30, 1978 by the head librarians of each consolidating library. Authorizations to consolidate must be filed by the jurisdic- tional governing body of each consolidating library by September 1, 1978. If the State Board approves, establishment grant funds shall be awarded for the fiscal years 1978/79 and 1979/80. (2) If the effective date for consolidation is on or before June 30, 1979, but not'eariier than July 1, 1978t notices of intent supported by consolidation authorizations from the jurisdictional governing bodies of the consolidating libraries shall be filed by December 31, 1978. If the State Board approves, establishment grant funds shall be awarded for the fiscal year 1979/80 and 1980/81. (3) Library consolidations whose effective date is on or after July 1, 1979 shall not be eligible for establishment grant funds under Education Code section 18732. (b) The State Board's approval of requests for library consolidation funds under Education Code section 18732 shall be based on its determination :hat the consolidation provides a more effective means of carrying out the )urposes of the Act than would be the case if the consolidation did not occur. Section 20185. System Consolidations. (a) If any two or more Systems whose borders are contiguous consolidate and wish to receive a consolidation grant under Education Code Section 18751, the following procedures small apply: (1) For c, asolidations occurring betw< -.,n .inuary 1, 1978, and June 307 1978, the governing bodies of each each Systems' fiscal agent j�,"-sdictions shall file with the State Board by June 30, 1978, a joint :.Dtice of intent and a Plan of Service for the newly consolidated System. Authorizations confirming the intent and permitting cember library participation in the new System cast be filed by the jurisdic- tional governing body of each of the Systems, member libraries bS September 1, 1978. If the State Board approves, consolidation grant funds shall be awarded for the fiscal years 1978/ 79 and 1979/80. (2) For consolidations occurring in fiscal years :following 1978/79 9 the filing shall be by September 1 of the year immediately prior to the fiscal year in which the funding request should take effect. The joint notice of intent and Plan of Service Bust be sup- ported by System participation authorizations from the jurisdictional governing body of each of the System's cenber libraries prior to sub- mission of the notice to the State Board. If the State Board approves the consolidation funding request, a grant shall be awarded for each of the two fiscal Tears following the fiscal year in which the filing is made. (b) The State Board's approval, of requests for System consolidation funds under Education Code Section 19851 shall be based on its determination that the consolidation provides a more effective way of carrying out the purposes of the Act than would be the case if the consolidation did not occur. Section 20190. Public Library Affiliation With An Existing Systec. (a) If any jurisdiction, not previously a member of any System, joins a System with borders contiguous to the jurisdiction,, and the System wishes toreceive an affiliation grant under Education Code section 18?52, the jurisdictional governing body of the affiliating library and the administrative body of the System shall file a joint notice of intent and an affiliation authori- zatioa by the jurisdictional governing body of the affiliating library, with the State Board as follows: (1) For memberships occurring between July 1, 1978, and June 30, 1979, the joint notice of intent shuill be filed by September 1, 1978. If the State Board approves, a grant of $5,000 shall be made for each of the fiscal years 1979/80 and 1980/81. (2) For memberships occurring between July 1, 1979, and June 30, 1980, the joint notice of intent shall be filed by September 1, 1979• Zf the State Board approves, a grant of $4,000 shall be made for each of the fiscal years 1980/81 and 1981/82. (3) For memberships occurring between July 1, 1980, and June 30, 1981, the joint notice of intent shall be filed by September 1, 1980. If the State Board approves, a grant of $3,000 shall be made for each of the fiscal years 1981/82 and 1982/83. (4) For memberships occurring between July 1, 1981, and June 30, 1982, the joint notice of intent shall be filed by September 1, 1981. If the State Board approves, a grant of $2,000 shall, be made'for each of the fiscal years 1982/83 and 1983/84. (5) For memberships occurring between July 1, 1982, and June 30, 1983, the joint notice of intent shall be filed by September 1, 1982. If the State Board approves, a grant of $1,000 shall be made for each of the fiscal years 1983/84 and 1984/85. ` 12 A , (6) Memberships occurring following June 30, 19b3 shall not be ' eligible for grants under Education Code section 18752. (b) The State Board's approval of requests for affiliation grants under Education Code section 18752 shall be based on its determination that the proposed membership is at least as effective a way of carrying out the purposes of the Act as would be the case if the membership were with a System other than the one joined. Section 20195. Public Library Change of System Membership. If any jurisdiction at present or previously a member of a System which has re- ceived state funds pursuant to that jurisdiction's membership, wishes to u join another System instead, and if the library and the System it proposes d to join wish to receive state funds pursuant to that jurisdiction's member- ship under Article 5 of the Act, the governing body of the jurisdiction and the administrative body of the System it proposes to join shall file = a joint notice of intent with the State Board. The notice shall be filed w by September 1 of the year preceding any July 1 of the first full fiscal 3 year for which state funds pursuant to the new membership are requested. a The State Board shall approve all appropriate state fund payments to the z System under Article 5 of the Act only if it determines that the new member- ship results in a more effective statewide method of carrying out the purposes of the Act than would be the case if the jurisdiction retained or resumed the System membership it had previously. If the State Board does not make such a determination in favor of the new membership, then the new System's funding under Article 5 of the Act shall be calculated on the basis of the System comprising only those public library jurisdictions whose membership is approved. Article 6. Direct Loa:s Section 20200. Scope. Except where otherwise specified, the regulations contained in the Article apply both to Education Code Section 18731 (Universal Borrowing) and Education Code Section 18743 (Equal Access) of the Act. Section 20203. Residency. For purposes of this Article, each resident of the State shall be deemed to have a single legal residency, which shall entitle him/her to resident library services of the jurisdiction in which he/she resides, and such services shall not be reimbursable under this Article. In determining the place of residency, the following rules as excepted from Government Code section 244 shall be observed: (a) It is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he or she returns in seasons of repose. (b) There can be only one residence. (c) A residence cannot be lost until another is gained. (d) The residence of the parent with whom an unmarried minor child maintains his or her place of abode is the residence of such unmarried minor child. (e) A married person shall have the right to retain his or her legal residence in the State notwithstanding the legal residence or domicile of his or her spouse. 6 0 z 0 n F' go Section 20204. Loans to'Eligible Non -Resident Borrowers. (a) Public libraries participating in direct loan programs under this Act, shall not charge any fee to non-residents for borrowing privileges. (b) Reserves and interlibrary loan requests shall be accepted by the participating public library under the same rules and policies applied to local residents. (c) All procedures governing registration of borrowers shall apply equally to residents and non-residents. (d) All materials normally loaned by a participating public library are available for loan to non-residents under the same rules and policies applied to local residents. (e) All loan and return rules governing circulation apply equally to residents and non-residents. If overdue materials are returned to a library other than the library from which borrowed, fines may be paid to and retained by the library to which the return is made. Payments for lost or damaged material are payable to the lending library, and are to be forwarded by the library to which payment is made. (f) Special loan privileges extended by the participating public library to teachers and other groups within its jurisdiction need not be extended beyond the jurisdiction. 13 Section 20205. Non -Resident Borrower Eligibility. An eligible non-resident borrower must be a resident of California, (a) Hold a valid borrowers card issued by his/her home library, or (b) Hold or obtain a valid non-resident borrowers card issued by any California public library, or (c) Hold a valid state borrowers identification card issued by any California public library; (d) And present any additional identification normally required by a library of its own residents. (e) Nothing in this section shall prevent the issuing of a non- resident,card or charging of fees to a resident of another state, except that loans to such non-residents shal.14 not be counted as reimbursable trans- actions. Section 20206. Valid.1dentifidation. The lending library must be supplied with thz name and current -address of the borrower and the name of the library jurisdiction in which the borrower maintains his or her legal residency. Section 20210. Exchange of Local hinds Prohibited. Libraries participating in direct loan programs authorized by the Act, shall not charge other jurisdictioys for borrowing privileges extended to their residents, except that contracts for loan or other services provided within a defined geographic area by a library jurisdiction to residents of another juris- diction not served by their library jurisdiction are not prohibited. Persons served under such contracts are to be registered as residents of the jurisdiction providing the contract service. 14 y Section 20211. Maintenance of Local Service Standards. It is the intent of this Article that local service standards be maintained: (a) Extension of borrowing privileges by libraries to non-residents, should not adversely affect the level of service provided by the home library to its own residents. (b) No library jurisdiction may reduce or fail to maintain or im- prove the level of service to its residents for the purpose of placing undue reliance on the library services of neighboring library jurisdictions. Section 20215. Reimbursement for Net.Direct Loans. Loan of a iibrary material of any type by a participating public library to an eligible non- resident borrower shall result in reimbursement from the state under Ed- ucation Code Sections 18731 and 18743 to the extent that the number of such loans exceeds the number of iter.,s borrowed by that library juris- diction's residents from other participating public libraries, during a specific reporting period. Seciion 20216. Reporting Requirements. To obtain reimbursement, parti- cipating public libraries shall provide reports in the form and manner, and for the period required. Reports must be submitted by established deadlines. Records in support of claims for state funds must be maintained for four years. Section 20217. Reimbursable Costs: Reimbursable costs, expressed on a unit basis, are those handling costs incurred by the lending library in processing a direct loan to a non-resident. The State Board shall periodically re- view, at least once a year, and approve such cost data, but the reimbu_*se- ment rate, as adopted, shall be uniform statewide. Article 7. Interlibrary Loans Section 20251. Scope.. The regulations in this article refer to inter library loan activity covered under the provisions of Education Code section 18744 (i.e. System interlibrary loan) and 18765 (i.e. Statewide loan). Section 2C,252. Intent. It is the intent of this program of the Act to support the sharing of library resources through interlibrary loan. Library materials needed by a library user and not available in that user's library will be made available to the user via interlibrary loan. Section 20255. Eligibility. (a) 'Public. libraries. Any public library as defined in Education Code section 18710(1)', which has been authorized, by its jurisdiction to participate it programs of the Act must participate in the interlibrary loan programs of the Act. (b) Libraries other than public libraries. To be eligible to participate these libraries must be authorized by their own administrative authorities to to so and must file the proper notice with the State Board as outlined in section 20105(c). Further, a library, other than a public library, may be eligible for a reimbursement only for a loan to an eligible public library. Libraries, other than public libraries, which can become eligible for partic- pation in the interlibrary loan reimbursement programs of the Act include only the following: (1) Libraries operated by public schools or school districts. These libraries include only those defined in Education Code section 18710(m). I -% 15 (2) libraries operated by public colleges universities. These include those academic libraries (Education Code section 18710(a)) which are funded primarily with public funds. Academic libraries potentially eligible for these programs include the libraries of the University of California, of the State University and College System, and of the California Community Colleges. (3) Libraries operated by public agencies for institutionalized persons. Libraries for the institutionalized include hospital, correctional, and residential treatment facility libraries which are funded primarily with public funds (i.e. local, state, or federal tax monies). (4) Libraries operated by nonprofit private educational or researca institutions. These libraries include those operated by private colleges and universities which maintain nonprofit -status u-nder provisions of the federal Internal Revenue Service or the California Franchise Tax laws. These libraries also include those operated by private companies which are primarily devoted to edu- cational or research purposes and which maintain nonprofit sta*us under provisions of the federal Internal Revenue Service or the California Franchise Tax laws. Such libraries may be required by the State Board to furnish proof of their nonprofit status in addition to any other required notices and forms. Section 20257. Reinbursable'Transaction. An interlibrary transaction can result in reimbursement under Education Code sections 18744 and 18765 if it consists of the loan of a library material of any type which is collected by a library or if it consists of the provision of a copy in lieu of loan of a library material, from any eligible, participating lending library to any eligible public library as defined in section 20255 and in Education Code sections 18744 and 18765. Section 20260. geitiibijr—Mble Coistd. Reimbursable costs are only those handling costs which a lending library incurs in filling a -successfully completed interlibrary loan transaction. The State Board shall periodically, and at least annually, review and approve the cost data and determine an appropriate funding formula which shall be uniform statewide. Section 20265. participation Requirements. Participating libraries, both public and nonpublic, shall conform to the following requiniments: (a) Reporting. To obtain reimbursement a library shall provide by the deadline reporting date, all required reports of its interlibrary loan transactions in an established form and manner determined by the Board for the period required. (b) Audit. For audit purposes, a record of the interlibrM, loan transactions roust be maintained for four years. (c) Fees. A library providing an item for interlibrary loan may not collect a handling fee on a transactioi. for which that library claims an interlibrary loan reimbursement under provisions of this article. A photo- copy fee, exclusive of photocop; handliu)3 charge, may be collected. (d) direct loan availability. Participating libraries shall cake maximum use of available bibliographic accesa tools to refer users to borrow directly frum noarby libraries where requested material is easily available, rather than to process an interlibrary loan. 71/16.790 7.» 34" p 4 ^ CONTINUATION SM111 FOR tr .�G ADMINSTRATIVE REGULATIONS WITH THE, cctpc;AoY W SYATE (Punuont to Govemm.nt Cod. S*ction 11330.1) 5?7 , 400A •a.Tt• i 16 ` (e) Responsibility for borrowed materials. The borrowing library shall be responsible for all items it borrows, and if such item is lost or damaged by the library or its users, the borrowing library may be i required by the lending library to make restitution for the item. (f) Adherence to Standards. A11 participating libraries shall attempt to follow the standards described in the "California Library Services Act interlibrary Loan Standards," which is hereby incorporated by reference. The State Board may withhold reimbursements to libraries L which continually fail to meet the standards of performance. This orcar shall take effect on the thirtieth day after its filing with the Secretary of State as provided in Section 11422 of the Goverament-Code. These regulations will have no cost pursuant to Section 2231 of the Revenue and Tamation Code. 11116.770 7.72 I.» G 0 1_\ W DATE: AUGUST 29, 1978 TO: CITY COUNCIL FROM: City Manager SUBJECT: PARTICIPATION IN THE CALIFORNIA LIBRARY SERVICES ACT In October, 1977, the Governor ap Library Services Act (CLSA). The bill, ll,among2otherwthias ngs,1e provided for grants and reimbursements to cooperative library systems to conduct various programs and provide for upgrading services to underserved residents. The bill also established t the California Library Services Board, whose duties would include adopting rules, regulations, and implementation of the Act. The bie llbecameral leffectiveicies aJanuary the i 1978. On June 30, 1978, the Governor approved SB 1739, an urgency statute, which amended the CLSA. On July 7, 1978, the California Library Services Board (CLSB) Promulgated regulations implementing the CLSA. As a result of the statutory requirements of CLSA and the regu- lations of the CLSB, libraries which desire to participate in Programs authorized and funded through the CLSA must conform to certain requirements. The most significant requirement of the CLSA has important policy implications. The CLSA as amendeJ provides, among other things, that: " ...beginning with the 1979-80 fiscal year and each year thereafter as a condition of ...participation in programs.... Of (CLSA) ...that each participating public library have available from local sources for expenditure for operating purposes during each fiscal year an amount no less than that amount expended from such local sources in the 1978-79 fiscal year." F This maintenance of effort requirement was written into the Act to prevent use of state funds as a replacement of local funds. The funds provided by CLSA are to be used to supplement local funding efforts. PARTICIPATION IN August 29, 1978 Page 2 THE CALIFORNIA LIBRARY SERVICES ACT Most programs authorized and supported by CLSA are intended for cooperative library systems (the Serra System in our area). The cooperative system applies for and administers the program for the benefit of all system members. However in certain instances, an individual library may make direct application for certain programs. ? The Legislature in adopting the CLSA, indicated in Section 18203 that: "In adopting this chapter, the Legislature declares that its policy shall be: (a) To reaffirm the principle of local control of the government and administration of public libraries, and to affirm that the provisions of this chapter apply only to libraries authorized by their juris- diction to apply to participate in the programs authorized by this Act." The California Library Services Board in Section 20101(a) of the implementing regulations has stated: "The State Board finds that it is in the best interests of the citizens of California and best fulfills the purposes of the Act ...that libraries participating in any one program of the Act participate in all applicable programs of the Act." At present, the regulations require a library which has been authorized by its jurisdiction to participate in programs of the Act (CLSA), must participate in the interlibrary loan program of the Act (Sec. 20255(a)). The state is proposing to provide funding to support this program and the equal access programs. In order to be eligible for reimbursement for these programs, the resolution authorizing City participation in CLSA programs 60 pF�'1 S PARTICIPATION IN THE CALIFORNIA LIBRARY. SERVICES ACT August 29, 1978 Page 3 must be adopted by the City Council in order for the Library Department to be able to participate in CLSA programs administered by the Serra System. It is not possible at this point to accurately predict the amount of reimbursement which would accrue to the City through these Programs. However, the Library would receive revenues for services which are currently uncompensated. PAUL D. BUSSEY City Manager. PDB:vm f i 2 4 5 6 � =8 .10 :11 '22 • �.13 i a4 35 yi7 -28 -9 I • -20 ;22 24 �5 .26 27 �28 .RESOLUTION N0. A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CARLSBAD CITY LIBRARY TO PARTICIPATE -AN THE CALIFORNIA LIBRARY SERVICES ACT. WHEREAS, the City of Carlsbad maintains the Carlsbad City Library for the purposes of meeting informational, educational and recreational needs of its residents; and 'WHEREAS, the City of Carlsbad is desirous of improving those .services while deriving the greatest possible benefits of the use Of public funds by: 1. Providing to its residents access to the materials and .services of other libraries in the state through resource sharing; 2. -Obtaining the maximum state and federal funding in :support of such sharing; and 3. Augmenting services to those segments of the community .-Mot presently served; and 49HEREAS, the California Library Services Board has funds -available under the California Library Services Act (Education Code Title 1, Division 1, Part ll,,Chapter 4) to assist and support.the ,sharing of library materials and services by California's libraries; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Carlsbad, California, as follows: 1. 'That the above recitations are true and correct. 2. •That the Carlsbad City Library is authorized to partici- pate in the programs of the California Library Services -Act. 4111 -1- 3 a 4 -E t 4 i :1C t • 1.2 '.3 t -.6 W -as �8 �. :22 '23 .24 `25 "26 �21 28 3. That the, Library Director be authorized to represent the •CIty of Carlsbad on the Serra Cooperative Library Board, ,which board will annually apply for and accept funds --under this California Library Services Act. PASSED, APPROVED AND ADOPTED by the City Council of the City ,of Carlsbad at a regular meeting held the 5th day of September , -1938, by the following vote, to wit:, -AYES: Councilmen Packard, Anear, Lewis and Councilwoman :NOES: .Councilman .Skotnicki Casler .ABSENT: None RONALD C. PACKARD, Mayor ATTEST; . ALETHA L. .RAUTENKRANz, City C k (SEAL)