HomeMy WebLinkAbout2009-06-02; City Council; 19838; Modifying Library Board of Trustees OrdinanceCITY OF CARLSBAD - AGENDA BILL 10
AB# 19,838
MTG. 6-2-09
DEPT. LIB
AMENDMENTS TO TITLE 2 AND TITLE
3 OF THE MUNICIPAL CODE,
MODIFYING THE LIBRARY BOARD OF
TRUSTEES ORDINANCE AND
REPEALING SECTION 3.24.010
DEPT. HEAD &> $
CITYATTY. jg^
CITYMGR. //t^
RECOMMENDED ACTION:
Introduce Ordnance No. CS-036 amending Title 2 (Administration and Personnel) and
Title 3 (Revenue and Finance) of the Carlsbad Municipal Code and repealing section 3.24.010.
ITEM EXPLANATION:
A review of the Brown Act and the change from General Law City to Charter City status prompted
the Library to confirm that the current ordinance is in compliance and continues to guide the
activities of the Library Board of Trustees appropriately. The amendments to the Carlsbad
Municipal Code are to bring the code into compliance with SB 343 and accurately reflect the
regular workings of the Library Board of Trustees. Carlsbad Municipal Code section 3.24.010 is
being repealed because it is antiquated and current state law provides revenue and financing
provisions for libraries.
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
Modifications to these sections of the Municipal Code do not qualify as a project under the
California Environmental Quality Act (CEQA Guidelines Section 15378) and no environmental
review is required.
EXHIBITS:
1. Ordinance No. CS-036
2. Strikeout Version
DEPARTMENT CONTACT: Heather Pizzuto - (760)602-2056- heather.pizzuto@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
EXHIBIT # 1
1 ORDINANCE NO. CS-036
2 AN ORDINANCE OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 2 OF THE MUNICIPAL
3 CODE TO UPDATE THE DUTIES AND
RESPONSIBILITIES OF THE LIBRARY BOARD OF
4 TRUSTEES AND AMENDING TITLE 3 TO INCLUDE A
CLARIFYING REFERENCE AND REPEALING
CARLSBAD MUNICIPAL CODE SECTION 3.24.010
6 The City Council of the City of Carlsbad, California hereby ordains as follows:
7
SECTION 1: That Title 2 of the Carlsbad Municipal Code is amended to read as
8
follows:9
Chapter 2.16
n BOARD OF LIBRARY TRUSTEES
12 Sections:
13 2.16.005 Created
2.16.010 Membership-Appointment-Terms
14 2.16.025 Monthly meetings
2.16.030 Special meetings
15 2.16.035 Quorum
16 2.16.040 President
2.16.045 Record of proceedings
17 2.16.050 Rules, regulations and bylaws
2.16.055 Administration of trusts-Receipt, holding and disposal of property
18 2.16.060 Recommendations to city council
2.16.070 Purchase of real property-Erection or rental and equipment of
19 buildings or rooms
2.16.075 State publications
2.16.080 Borrowing library materials
21 2.16.085 Incidental powers of board
2.16.090 Annual report
22 2.16.095 Safety, preservation and application of funds not payable into library
trust fund
23 2.16.105 Free use of library by residents and nonresident taxpayers-
Exclusions
24 2.16.110 Contracts for lending books with neighboring municipalities or
county-Compensation
25 2.16.115 Title to property
26
27
28
1 2.16.005 Created
The board of library trustees is created to advise the city library. (Ord. NS-169 § 7 (part),
2 1991)
3 2.16.010 Membership-Appointment-Terms
4 The board of library trustees shall consist of five members, appointed by the mayor with
the approval of the city council. The trustee shall serve a four-year term. Trustees may
5 serve no more than two complete terms. If a vacancy occurs as a result of a trustee
leaving the board before the end of his or her term, the successor shall serve for the
6 remaining term of his or her predecessor.
(Ord. NS-176 §7 (part), 1991)
7
2.16.025 Monthly meetings
8 Boards of library trustees shall meet at least once a month at such times and places as
9 they may fix by resolution. (Ord. 1072 § 6)
1() 2.16.030 Special meetings
Special meetings may be called at any time by three trustees, by written notice served
11 upon each member at least twenty-four hours before the time specified for the proposed
meeting. (Ord. 1072 §7)
12
2.16.035 Quorum
13 A majority of the board shall constitute a quorum for the transaction of business. (Ord.
14 1072 §8)
15 2.16.040 President
The board shall appoint one of its members president, who shall serve for one year and
16 until his/her successor is appointed, and in his/her absence, shall select a president pro
tempore. The president shall serve as chair of the board and in his/her absence, the
17 president pro tempore shall serve as vice-chair of the board. (Ord. 1072 § 9)
18 2.16.045 Record of proceedings
The board of library trustees shall cause a proper record of its proceedings to be kept.
19 (Ord. 1072 §10)
20 2.16.050 Rules, regulations and bylaws
21 The board of library trustees may make and enforce all rules, regulations and bylaws
necessary for the administration of the board of library trustees and all property
22 belonging thereto. (Ord. 1072 §11)
23 2.16.055 Administration of trusts-Receipt, holding and disposal of property
Subject to city council approval, the board of library trustees may administer any trust
declared or created for the benefit of the library, and receive by gift, devise, or bequest
25 and hold in trust or otherwise, property situated in this state or elsewhere, and where
not otherwise provided, dispose of the property for the benefit of the library. (Ord. 1072
26 § 12)
27
28
1 2.16.060 Recommendations to city council
The board of library trustees may make recommendations to the city council and advise
2 the city council in matters pertaining to the following:
(1) The duties and powers of the librarian and other library employees;
(2) The number of employees;
4 (3) The purchase of equipment, real estate and buildings;
(4) The advisability and desirability of facilities of the county-free library;
5 (5) The amounts of moneys required to operate the library;
(6) Rules and regulations necessary for the administration of the library. (Ord. 1072 §
6 13)
7 2.16.070 Purchase of real property-Erection or rental and equipment of buildings
or rooms
8 Subject to city council approval, the board of library trustees shall have the authority to
purchase real property, and erect or rent and equip, such buildings or rooms as may be
necessary, providing they have sufficient funds in the "library trust fund" provided for in
10 Section 3.24.020. (Ord. 1072 § 15)
11 2.16.075 State publications
The board of library trustees may request the appropriate state officials to furnish the
12 library with copies of any and all reports, laws and other publications of the state not
otherwise disposed of by law. (Ord. 1072 § 16)
2.16.080 Borrowing library materials
The board of library trustees shall authorize the library director to borrow library
materials from, lend library materials to, and exchange library materials with other
libraries, and may allow residents and nonresidents to borrow library materials upon
16 such condition as the board may prescribe. (Ord. 1072 § 17)
17 2.16.085 Incidental powers of board
The board of library trustees may do and perform any and all other acts and things
18 necessary or proper to carry out the provisions of this chapter. (Ord. 1072 § 18)
19 2.16.090 Annual report
20 The board of library trustees, or if there is no board of trustees, then the library director
shall, on or before September 30, in each year, report to the legislative body of the
21 municipality and to the state librarian on the condition of the library, for the year ending
the thirtieth day of June preceding. The reports shall, in addition to other matters
22 deemed expedient by the board of trustees or library director, contain such statistical
and other information as is deemed desirable by the state librarian. For this purpose,
23 the state librarian may send to the several boards of trustees or library director
instructions or question blanks so as to obtain the material for a comparative study of
library conditions in the state. (Ord. 1072 § 19)
25
26
27
28
1 2.16.095 Safety, preservation and application of funds not payable into library
trust fund2 If payment into the library trust fund or other fund is inconsistent with the conditions or
terms of any gift, devise or bequest, the board of library trustees shall provide for the
3 safety and preservation of the funds, and the application thereof to the use of the library
. in accordance with the terms and conditions of the gift, devise or bequest. (Ord. 1072 §
22)
5 2.16.105 Free use of library by residents and nonresident taxpayers-Exclusions
6 Every city library established pursuant to this chapter shall be forever free to the
residents and nonresident taxpayers of the municipality, subject always to such rules
7 and regulations as may be made by the board of library trustees. Any person who
violates any rule or regulation may be fined or excluded from the privileges of the
8 library. (Ord. 1072 §24)
9
2.16.110 Contracts for lending books with neighboring municipalities or county--
10 Compensation
The board of library trustees and the legislative body of any neighboring municipality or
11 the board of supervisors of the county in which the public library is situated, may
contract for lending the books of the library to residents of the county or neighboring
12 municipality, upon a reasonable compensation to be paid by the county or neighboring
municipality. (Ord. 1072 § 25)
14 2.16.115 Title to property
The title to all property acquired for the purposes of the library, when not inconsistent
15 with the terms of its acquisition, or otherwise designated, vests in the municipality in
which the library is situated, and in the name of the municipal corporation may be sued
16 for and defended by action at law or otherwise. The city council may authorize title to
any property acquired for the purposes of the library to be vested in the board of library
17 trustees. (Ord. 1076 § 1; Ord. 1072 § 26)
18 SECTION 2: That Title 2, Chapter 3.24 of the Carlsbad Municipal Code is amended by
19 repealing Section 3.24.010.
20 SECTION 3: That Title 2, Chapter 3.24 of the Carlsbad Municipal Code is amended to
read as follows:21
Chapter 3.24 Library Trust Fund
22
3.24.020 Trust fund
23
3.24.020 Trust fund.
24 The revenue derived from all money acquired by gift, devise, bequest and moneys
transferred to such fund by the city council, but specifically excepting money derived
25 from the city tax levy, other than funds transferred by the city council to the library trust
26 fund for the purpose of the library, shall be apportioned to a fund to be designated the
"library trust fund," and shall be applied for the purpose authorized in chapter 2.16. (Ord.
27 1072 §21)
28
1 EFFECTIVE DATE: This ordinance shall be effective thirty days after its
2 adoption and the City Clerk, City of Carlsbad, shall certify to the adoption of this
3 ordnance and cause it to be published at least once in a general circulation newspaper
4 in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
6
Council held on the 2nd day of June , 2009, and thereafter,
7
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
8
9 City of Carlsbad on the day of , 2009, by the following
10 vote, to wit:
11
12 AYES:
13 NOES:
14 ABSENT:
15
16
APPROVED AS TO FORM AND LEGALITY
17 "
18 RONALD R. BALL, City Attorney
19
20 CLAUDE A. LEWIS, Mayor
21 "
22 ATTEST:
23
24
25 LORRAINE M. WOOD, City Clerk
26 (SEAL)
27
28
EXHIBIT # 2
1 Chapter 2.16 BOARD OF LIBRARY TRUSTEES
2 2.16.005 Created
2.16.010 Membership-Appointment--Terms
3 2.16.025 Monthly meetings*
4 2.16.030 Special meetings
2.16.035 Quorum
5 2.16.040 President
2.16.045 Record of proceedings
6 2.16.050 Rules, regulations and bylaws
2.16.055 Administration of trusts-Receipt, holding and disposal of property
7 2.16.060 Recommendations to city council
2.16.065 Purohaeo of porconal property
8 2.16.070 Purchase of real property-Erection or rental and equipment of
„ buildings or rooms
2.16.075 State publications
!0 2.16.080 Borrowing beetes=librarv materials
2.16.085 Incidental powers of board
11 2.16.090 Annual report
2.16.095 Safety, preservation and application of funds not payable into
12 troaoury library trust fund
2.16*100 Paymonto from fund Signing of warranto
13 2.16.105 Free use of library by inhabitants residents and nonresident
taxpayers-Exclusions
2.16.110 Contracts for lending books with neighboring municipalities or
15 county-Compensation
2.16.115 Title to property
16
17 2.16.005 Created
The board of library trustees is created to manago advise the city library. (Ord. NS-169
18 §7 (part), 1991)
19 2.16.010 Membership-Appointment-Terms
2Q The board of library trustees shall consist of five members, appointed by the mayor with
the approval of the city council. The trustee Truotooo shall serve g four-year terms.
21 Trustees mav serve no more than two complete terms. If a vacancy occurs as a result
of a trustee leaving the board before the end of his or her term, the successor shall
22 serve for the remaining term of his or her predecessor.
(Ord. NS-176 §7 (part), 1991)
23
24 2.16.025 Monthly meetings*
Boards of library trustees shall meet at least once a month at such times and places as
25 they may fix by resolution. (Ord. 1072 § 6)
26
27
28
1 * Ao to attendance) of city managor at commicoion mootingo, ooo Sootion 2.12.126.
2 2.16.030 Special meetings
Special meetings may be called at any time by three trustees, by written notice served
3 upon each member at least throo twenty-four hours before the time specified for the
4 proposed meeting. (Ord. 1072 § 7)
5 2.16.035 Quorum
A majority of the board shall constitute a quorum for the transaction of business. (Ord.
6 1072 §8)
7 2.16.040 President
The board shall appoint one of its members president, who shall serve for one year and
8 until his/her successor is appointed, and in his/her absence, shall select a president pro
9 tempore. The president shall serve as chair of the board and in his/her absence, the
president pro temoore shall serve as vice-chair of the board. (Ord. 1072 § 9)
10 2.16.045 Record of proceedings
11 The board of library trustees shall cause a proper record of its proceedings to be kept.
(Ord. 1072 §10)
12
2.16.050 Rules, regulations and bylaws
13 The board of library trustees may make and enforce all rules, regulations and bylaws
necessary for the administration of the board of library trustees librarioo undor ito
managomont, and all property belonging thereto. (Ord. 1072 § 11)
15 2.16.055 Administration of trusts-Receipt, holding and disposal of property
16 Subject to citv council approval. Tthe board of library trustees may administer any trust
declared or created for the benefit of the library, and receive by gift, devise, or bequest
17 and hold in trust or otherwise, property situated in this state or elsewhere, and where
not otherwise provided, dispose of the property for the benefit of the library. (Ord. 1072
18 §12)
19 2.16.060 Recommendations to city council
20 The board of library trustees shaH may make recommendations to the city council and
advise the city council in matters pertaining to the following:
21 (1) The duties and powers of the librarian and other library employees;
(2) The number of employees and thoir componoation;
22 (3) The purchase of equipment, real estate and buildings;
(4) The advisability and desirability of facilities of the county-free library;
23 (5) The amounts of moneys required to operate the library;
(6) Rules and regulations necessary for the administration of the library. (Ord. 1072 §
24 13)
25 2.16.065 Purchaco of personal property
26
27
28
1 Tho board of library truotooo may purohaoo nocoooary booko, journalo, publicationo and
othor poroonal proporty, purouant to tho monoyo budgotod by tho city oounoil. (Ord.
2 1Q72§ 11)
3
. 2.16.070 Purchase of real property-Erection or rental and equipment of buildings
or rooms
5 Subject to city council approval, the board of library trustees shall have the authority to
purchase real property, and erect or rent and equip, such buildings or rooms as may be
6 necessary, providing they have sufficient funds in the "library trust fund" provided for in
Section 3.24.020. (Ord. 1072 § 15)
7
2.16.075 State publications8 The board of library trustees may request the appropriate state officials to furnish the
g library with copies of any and all reports, laws and other publications of the state not
otherwise disposed of by law. (Ord. 1072 § 16)
10 2.16.080 Borrowing beeks library materials
11 The board of library trustees may shall authorize the library director to borrow booko
library materials from, lend booko library materials to, and exchange booko library
12 materials with other libraries, and may allow residents and nonresidents to borrow
beeks library materials upon such condition as the board may prescribe. (Ord. 1072 §
13 17)
14 2.16.085 Incidental powers of board
15 The board of library trustees may do and perform any and all other acts and things
necessary or proper to carry out the provisions of this chapter. (Ord. 1072 § 18)
16
2.16.090 Annual report
17 The board of library trustees, or if there is no board of trustees, then the administrative
head librarian of tho library director shall, on or before September 30 Auguot 3lot, in
18 each year, report to the legislative body of the municipality and to the state librarian on
the condition of the library, for the year ending the thirtieth day of June preceding. The
reports shall, in addition to other matters deemed expedient by the board of trustees or
2Q adminiotrativo hoad library director of tho library, contain such statistical and other
information as is deemed desirable by the state librarian. For this purpose, the state
21 librarian may send to the several boards of trustees or adminiotrativo hoad library
director of tho library instructions or question blanks so as to obtain the material for a
22 comparative study of library conditions in the state. (Ord. 1072 § 19)
23 2.16.095 Safety, preservation and application of funds not payable into treasury
If payment into the troaoury library trust fund or other fund is inconsistent with the
conditions or terms of any gift, devise or bequest, the board of library trustees shall
25 provide for the safety and preservation of the funds, and the application thereof to the
use of the library in accordance with the terms and conditions of the gift, devise or
26 bequest. (Ord. 1072 §22)
27
28
1
2 2*16*100 Paymonto from fund Signing of warrants
Poymonto from tho library truot fund ohall bo mado upon warranto ioouod aftor duo audit
by, and on ordor from tho library truotooo. Tho warranto ohall bo oignod by tho procidont
4 and oocrotary of tho board of library truotooo. (Qrd. 1072 § 23)
5 2.16.105 Free use of library by inhabitants residents and nonresident taxpayers-
Exclusions
6 Every city library established pursuant to this chapter shall be forever free to the
residents inhabitanto and nonresident taxpayers of the municipality, subject always to
7 such rules, and regulations and bylawo as may be made by the board of library trustees.
Any person who violates any rule, pjiregulation or bylaw may be fined or excluded from
8 the privileges of the library. (Ord. 1072 § 24)
9
2.16.110 Contracts for lending books with neighboring municipalities or county-
10 Compensation
The board of library trustees and the legislative body of any neighboring municipality or
11 the board of supervisors of the county in which the public library is situated, may
contract for lending the books of the library to residents of the county or neighboring
12 municipality, upon a reasonable compensation to be paid by the county or neighboring
municipality. (Ord. 1072 § 25)
2.16.115 Title to property
The title to all property acquired for the purposes of the library, when not inconsistent
15 with the terms of its acquisition, or otherwise designated, vests in the municipality in
which the library is situated, and in the name of the municipal corporation may be sued
16 for and defended by action at law or otherwise. The city council may authorize title to
any property acquired for the purposes of the library to be vested in the board of library
17 trustees. (Ord. 1076 § 1; Ord. 1072 § 26)
18
19
20
21
22
23
24
25
26
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28
1
Chapter 3.24 LIBRARY TAX AND TRUST FUND
2
3.24.010 Tax lovy
3 3.24.020 Trust fund
4 3.2^010 Tax lovy,
5 Tho city council may, in making tho annual tax lovy and ao part thoroof, if tho
conotruction and maintonanoo of tho library hao not boon othorwioo provided for, lovy a
6 tax for tho purpooo of oonotruotion and maintaining tho library and purohaoing property
noooooary thoroforfli Tho tax ohall bo in addition to othortaxoo, tho lovy of which io
7 permitted in tho municipality. Aftor two yoaro from tho ootabliohmont of now librarioo,
whoro tho conotruotion and maintonanoo thoroof hao not boon othorwioo provided, tho
8 lovy ohall not oxcood throo millo on tho dollar of aooocood valuation. Ao uood in thio
Q ooction, mo.intono.nco includes prooorving, repairing and altering oxioting otruoturoo.
(Ord. 1072 §20)
10 3.24.020 Trust fund.
11 The revenue derived from all money acquired by gift, devise, bequest and moneys
transferred to such fund by the city council, but specifically excepting money derived
12 from the city tax levy, other than funds transferred by the city council to the library trust
fund for the purpose of the library, shall be apportioned to a fund to be designated the
13 "library trust fund," and shall be applied for the purpose authorized in-tbie-chapter 2.16.
14 (Ord. 1072 §21)
15
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17
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25
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