HomeMy WebLinkAbout2012-03-13; City Council; 20834; AMEND TITLE 2 LIBRARY BOARD OF TRUSTEESCITY OF CARLSBAD - AGENDA BILL 12
DEPT. HEAD
CITY ATTY.
AB#
MTG.
DEPT.
20.834
3/13/12
LIB
AMENDMENT TO TITLE 2 OF THE
MUNICIPAL CODE, MODIFYING THE
LIBRARY BOARD OF TRUSTEES
ORDINANCE AND RATIFYING RULES
AND REGULATIONS
CITY MGR. [fA
RECOMMENDED ACTION:
Introduce Ordinance No. cs-i74 amending Title 2, Chapter 2.16, of the Carlsbad
Municipal Code, and adopt Resolution No. 2012-059 ratifying all past rules and
regulations approved by the Library Board of Trustees.
ITEM EXPLANATION:
A review of the ordinances pertaining to the Library Board of Trustees identified that the
authority of this board relating to establishment of library rules and regulations requires clarity.
The amendment to the Carlsbad Municipal Code is to clarify the role of the Library Board of
Trustees to promulgate and adopt rules and regulations pertaining to the patrons' use and
enjoyment of the city library.
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
Modifications to this section of the Municipal Code and ratifying these rules and regulations
do not qualify as a project under the California Environmental Quality Act (CEQA Guidelines
Section 15378(b)(5)) and no environmental review is required.
EXHIBITS:
1. Ordinance No. cs-i74
2. Strikeout Version
3. Resolution 2012-059 ratifying past rules and regulations approved by the Library
Board.
DEPARTMENT CONTACT: Heather Pizzuto - 760-602-2056- heather.pizzuto@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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EXHIBIT 1
ORDINANCE NO. cS-174
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CHAPTER 2.16, SECTIONS
2.16.050, 2.16.060, AND 2.16.085 OF THE CARLSBAD MUNICIPAL
CODE RELATED TO THE BOARD OF LIBRARY TRUSTEES
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Chapter 2.16, Sections title of the Carlsbad Municipal Code is amended
to read as follows:
Chapter 2.16 - BOARD OF LIBRARY TRUSTEES
Sections:
2.16.005 -Created.
2.16.010 - Membership—Appointment—Terms
2.16.025 - Monthly meetings
2.16.030 - Special meetings
2.16.035 -Quorum
2.16.040-President
2.16.045 - Record of proceedings
2.16.050 - Rules, regulations and bylaws for the Administration of the Board
2.16.055 - Administration of trusts—Receipt, holding and disposal of property
2.16.060 - Recommendations to city council
2.16.070 - Purchase of real property—Erection or rental and equipment of buildings or rooms
2.16.075 - State publications
2.16.080 - Borrowing library materials
2.16.085 - Incidental powers of board
2.16.090 - Annual report
2.16.095 - Safety, preservation and application of funds not payable into library trust fund
2.16.105 - Free use of library by residents and nonresident taxpayers—Exclusions
2.16.110 - Contracts for lending books with neighboring municipalities or county—
Compensation
2.16.115 - Title to property
SECTION 2: That Chapter 2.16, Sections 2.16.050 ofthe Carlsbad Municipal Code is
amended to read as follows:
2.16.050 - Rules, regulations and bylaws for the Administration ofthe Board
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 belonging thereto.
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EXHIBIT 1
SECTION 3: That Chapter 2.16, Sections 2.16.060 ofthe Carlsbad Municipal Code is
amended to read as follows:
2.16.060 - Recommendations to city council
The board of library trustees may make recommendations to the city council and advise 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;
(3) The purchase of equipment, real estate and buildings;
(4) The advisability and desirability of facilities of the city library;
(5) The amounts of moneys required to operate the library;
(6) Policies related to the administration of the city library.
SECTION 4: That Chapter 2.16, Sections 2.16.085 ofthe Carlsbad Municipal Code is
amended to read as follows:
2.16.085 - Incidental powers of board
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. The board of library trustees shall further have
the power to promulgate and adopt rules and regulations pertaining to the city library.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and
the City Clerk shall certify the adoption of this ordinance and cause it to be published at least
once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its
adoption.
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INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council
on the 13th day of March 2012, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2012, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attomey
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
EXHIBIT 2
Chapter 2.16 - BOARD OF LIBRARY TRUSTEES
Sections:
2.16.005 -Created.
2.16.010- Membership—Appointment—Terms
2.16.025 - Monthly meetings
2.16.030 - Special meetings
2.16.035 -Quorum
2.16.040-President
2.16.045 - Record of proceedings
2.16.050 - Rules, regulations and bylaws for the Administration of the Board
2.16.055 - Administration of trusts—Receipt, holding and disposal of property
2.16.060 - Recommendations to city council
2.16.070 - Purchase of real property—Erection or rental and equipment of buildings or rooms
2.16.075 - State publications
2.16.080 - Borrowing library materials
2.16.085 - Incidental powers of board
2.16.090-Annual report
2.16.095 - Safety, preservation and application of funds not payable into library trust fund
2.16.105 - Free use of library by residents and nonresident taxpayers—Exclusions
2.16.110 - Contracts for lending books with neighboring municipalities or county—
Compensation
2.16.115 - Title to property
2.16.005 - Created
The board of library trustees is created to manage the city library.
(Ord. NS-169 § 7 (part), 1991)
(Ord. No. CS-036, § 1, 6-9-09)
EXHIBIT 2
2.16.010 - Membership—Appointment—Terms
The board of library trustees shall consist of five members, appointed by the mayor with the
approval ofthe city council. The trustee shall serve a four-year term. Trustees may 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 remaining term of his or her predecessor.
(Ord NS-176 §7 (part), 1991)
(Ord No. CS-036, §1, 6-9-09)
2.16.025 - Monthly meetings
Boards of library trustees shall meet at least once a month at such times and places as they may
fix by resolution.
(Ord 1072 §6)
(Ord No. CS-036, § 1, 6-9-09)
2.16.030 - Special meetings
Special meetings may be called at any time by three trustees, by written notice served upon each
member at least three hours before the time specified for the proposed meeting.
(Ord 1072 § 7)
(Ord No. CS-036, § 1, 6-9-09)
2.16.035 - Quorum
A majority of the board shall constitute a quorum for the transaction of business.
(Ord 1072 §8)
(Ord No. CS-036, § 1, 6-9-09)
2.16.040 - President
The board shall appoint one of its members president, who shall serve for one year and 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 president pro tempore shall
serve as vice-chair of the board.
(Ord 1072 §9)
(Ord No. CS-036, § 1, 6-9-09)
EXHIBIT 2
2.16.045 - Record of proceedings
The board of library trustees shall cause a proper record of its proceedings to be kept.
(Ord 1072 § 10)
(Ord No. CS-036, § 1, 6-9-09)
2.16.050 - Rules, regulations and bylaws for the Administration of the Board
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 belonging thereto.
(Ord 1072 § 11)
(Ord No. CS-036, § 1, 6-9-09)
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 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 § 12)
(Ord No. CS-036, § 1, 6-9-09)
2.16.060 - Recommendations to city council
The board of library trustees may make recommendations to the city council and advise 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;
(3) The purchase of equipment, real estate and buildings;
(4) The advisability and desirability of facilities of the county free city library;
(5) The amounts of moneys required to operate the library;
(6) Rules and regulations Policies related to necessary for the administration of the citv library.
(Ord 1072 § 13)
(Ord No. CS-036, § 1, 6-9-09)
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EXHIBIT 2
Editor's note—
Chapter 2.16 formerly contained § 2.16.065 which pertained to purchase of personal property
and derived from Ord. No. 1072, § 14.
2.16.070 - Purchase of real property—Erection or rental and equipment of buildings or
rooms
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 Section 3.24.020.
(Ord 1072 § 15)
(Ord No. CS-036, § 1, 6-9-09)
2.16.075 - State publications
The board of library trustees may request the appropriate state officials to fumish the library with
copies of any and all reports, laws and other publications of the state not otherwise disposed of
by law.
(Ord 1072 § 16)
(Ord No. CS-036, § 1, 6-9-09)
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 such condition as the board may
prescribe.
(Ord 1072 §17)
(Ord No. CS-036, § 1, 6-9-09)
2.16.085 - Incidental powers of board
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. The board of librarv tmstees shall further have
the power to promulgate and adopt rules and regulations pertaining to the citv librarv.
(Ord 1072 §18)
(Ord No. CS-036, § 1, 6-9-09)
EXHIBIT 2
2.16.090 - Annual report
The board of library tmstees, 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 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
tmstees or library director, contain such statistical and other information as is deemed desirable
by the state librarian. For this purpose, the state librarian may send to the several boards of
tmstees 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)
(Ord No. CS-036, § 1, 6-9-09)
2.16.095 - Safety, preservation and application of funds not payable into library trust fund
If payment into the library tmst 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 safety and
preservation of the ftands, 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)
(Ord No. CS-036, § 1, 6-9-09)
Editor's note—
Chapter 2.16 formerly contained § 2.16.100 which pertained to payments from the library tmst
fund and the signing of warrants and derived from Ord. No. 1072, § 22.
2.16.105 - Free use of library by residents and nonresident taxpayers—Exclusions
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 mles and regulations as may be
made by the board of library trustees. Any person who violates any mle or regulation may be
fined or excluded from the privileges of the library.
(Ord 1072 §24)
(Ord No. CS-036, § 1, 6-9-09)
EXHIBIT 2
2.16.110 - Contracts for lending books with neighboring municipalities or county—
Compensation
The board of library tmstees and the legislative body of any neighboring municipality or the
board of supervisors ofthe county in which the public library is situated, may contract for
lending the books ofthe library to residents of the county or neighboring municipality, upon a
reasonable compensation to be paid by the county or neighboring municipality.
(Ord 1072 §25)
(Ord No. CS-036, § 1, 6-9-09)
2.16.115 - Title to property
The title to all property acquired for the purposes of the library, when not inconsistent with the
terms of its acquisition, or otherwise designated, vests in the municipality in which the library is
situated, and in the name ofthe municipal corporation may be sued for and defended by action at
law or otherwise. The city council may authorize title to any property acquired for the purposes
ofthe library to be vested in the board of library trustees.
(Ord 1076 § 1; Ord 1072 § 26)
(Ord No. CS-036, § 1, 6-9-09)
D
Exhibit 3
1 RESOLUTION NO. 2012-059
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, RATIFYING RULES
AND REGULATIONS AS APPROVED BY THE LIBRARY
4 BOARD OF TRUSTEES
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WHEREAS, a review of the ordinances pertaining to the Library Board of
Trustees identified that the authority of this board relating to establishment of
library rules and regulations required clarity; and
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g WHEREAS, the municipal code has been amended to clarify the role of the
10 Library Board of Trustees to promulgate and adopt rules and regulations pertaining
11 to patrons' use and enjoyment of the city library; and
WHEREAS, all existing rules and regulations as previously approved by the
Library Board of Trustees support that purpose;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
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17 1. That the above recitations are true and correct.
"•Q 2. That the City Council ratifies all existing rules and regulations as
19 previously approved by the Library Board of Trustees.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
2 of the City of Carlsbad on the 13*^ day of March, 2012, by the following vote to wit:
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11 MATT HALL, Mayor
12 ATTEST:
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AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
OF^RAINE M. WOOD, City Clerk
(SEAL)
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