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HomeMy WebLinkAboutStaff Report 4.A 09/16/2013 • A gsnatti We n/#4.A ALU ,S U R y . =\ x DATE: Septembec1`6,2013 TO: HonorableMayot;and Members of the City Council FROM: Scott Brodhun, Assistant City Manager SUBJECT: City Council Review and Discussion of the Draft First Amended Sonoma County Library,Joint`Powers Agreement RECOMMENDATION" It is recommended that the'City Council,review, discuss and provide comments on the,draft, First Amended and Restated Joint'Powers Agreement for the County-Wide Provision of Library Services by the Sonoma County Library..- BACKGROUND- The Joint Powers,Agreement`for-consolidation.of library facilities'.andservices (JPA) wasexecuted in 1975, between the County of Sonoma and the cities of blealdsburg Petaluma, Rohnert Park, Santa Rosa, Sebastopol„and Sonoma. The JPA consolidated library facilities;and services on a countywide basis under the'governance of an independent-Library.Commission. Under the agreement, the cities;and County provide-the buildings occupied by-library branches, and the County funds operations. Funding is primarily provided from the property tax. On joining,the JPA, the cities transferred to the County that portion of.their`tax bases attributable to library services at that time Cities-have-no direct expenditure authority over operations in their respective , branches, but have been responsible for capital improvements to the structures. At the August 9, 2012meeting of the Mayors' and Couneilinembers'.Association.Board of Directors, the Board.discussed,the,JPA. There-was agreement'thatthe Library JPA should be reviewed and revised, as°it has not been amended since_itwas adopted. Such a review and update is also necessarydueto issues that have arisen where,clarity and revisionaof the JPA.agreement would have been beneficial, and because the:way that local governments deliverservices,revenue structures and community expectations and needs have all changed;since 1975. On September 10, 2012 the City Council;approved a resolution appointing a representative to the ad-hoc committee. Councilmember Barrett was appointed and has regularly.attended meetings of the committee. The committee'smain objective has beenM update, modify and develop an amended-Sonoma,County"Library JPA for the approval Of the City'Councils'and'theCounty Board of Supervisors. Agenda Revie City Attorney FinanceDirector City Manager 1 DISCUSSION The Committee has held 12 meetings, beginning in October 2012 and accepted public comment at • their meetings and through various means,of correspondence. As well, Committee members attended site visits to each of the.'facilities-in the system. In August the Committee produced the first draft of the amended agreement, andsince then has continued work to develop thefinal draft that will be circulated to all cities;for,discussion. The tentative adoption schedule;calls;for a presentation to Mayors' and Councilmembers"Association at 'their October 10`h meeting, subsequent to which there will be;presentations made and comments solicited at a council meeting'ofeach city: In November the Committee will work to incorporate all comments, and the goal is to have ratification of the agreement by December or.January. The original JPA-is modified and amended in the draffthat is presented. The Committee spent significant time and attention•on issues such as commission membership, eligibility,term, appointment process and roles;,staff positions and the reporting,relationship to;the commission; budget development,and-authority; building use and lease arrangements'and the obligations of cities with respect to the;buildings; advisory board representation;;eminent•domain, and a variety of other issues. The draft First Amended,and Restated JPA is attached, as;isthe original 1975 agreement. Council review and comment is requested at this early point;in the review process so as to identify issues in sufficient time to=allow further`amendments prior to presenting the agreement for final adoption.. As previously mentioned,,Councilmember Bariett;has been fully engaged in.this JPA review and revision process,and will summarize the committee's lactivity as'part of her report. ATTACHMENTS 1. Draft.First Amended and Restated JPA 2. 1975 JPA 3. September 10, 2012 Staff Report _ d ATTACHMENT 1 Drnft.Revised 8/27/13(Clean version) First Amended and Restated Joint Powers Agreement for the County-Wide Provision,of Library Services by the Sonoma,County Library This First Amended and Restated Joint Powers:Agreement for the County-Wide Provision of Library Services by the Sonoma County Library is mad'e:and entered. into pursuant to the provisions;of Title 1, Division 7, Chapter.5, Article 1 (Sections 6500 et seq.) of the California Government Code relating-to the joint exercisetof powers among,the Parties hereto, and amends the Original Joint Powers Agreement dated January 27, 1975 (the "Original Agreement'.'). RECITALS A. Inthe,Original Agreement, the County of Sonomaand the Cities of Santa Rosa, Healdsburg, Petaluma,and Sonoma created a separate joint powers authority entity pursuant to California Government=Code:Sections 6500, et.seq. (the "JPA Act")named the-Sonoma County Library, which was established for thepurpose of consolidating their existing public library services and continuing the operation of free public library services throughout the County of Sonoma. B. The Sonoma County Library is a county free library pursuant-to California Education Code Sections 19100, et seq., a local agency pursuant to California Revenue and Taxation Code Section 95(m), and a special district pursuant to California Revenue and Taxation Code Section 2216. C. The Sonoma-County Library has been successful in providing county-wide free, public library servicesto the public in County of Sonoma and fulfilling its mission since its creation on January 27, 1975. D. The Parties,to-this Agreement hereby desire to continue-the Sonoma County Library and the provision of free public library services throughout the Countyof Sonoma, and to amend the Original Agreement with respect to the terms and provisions set-forth herein. AGREEMENT NOW, TIIEREFORE, inconsideration of the mutual promises and covenants set.forth below, the executing Parties agree to`the following terms'and provisions: I. PURPOSE A. Amended and Restated Agreement. The purpose of this Agreement is to modify and amend the Original Agreement with',respect tomatters relating to membership, governance, administration, and,operations of the,,Sonoma County Library ("Library"), a JPA Act entity. The terms and provisions ofthis;Agreement replace the Original Agreement in its entirety. Unless expressly stated herein, this Agreement does not affect anyof the Library's contracts, debts, revenues, claims, obligations; policies, procedures, orbylaws that pre-date this Agreement, which-will continue to remain.inr.fail force.and.effect in accordance with their terms and/or applicable law. 3 Draft Revised 8/27/13(Clean version) B. Continuation ofthe'Sonoma.County Library as.a-JPA.Act Public Entity. The parties to the Ortginal'Agreement created the Library as a distinct public entity, separate and apart from the parties to such agreement, pursuant to the provisions of the JPA Act(Government Code Section 6506) and Education Code Sections 19100, et seq. Iris the intent of the Parties that, under this Agreement,the Library continue as a distinct public entity under the JPA Act and other applicable law. Pursuant±to Government Code-Section 6508.1, the debts, liabilities or obligations of the Library-shall,not be debts, liabilities or Obligations of the individual Parties to this Agreement, unless the governing body of a Party expressly-agrees in writing to assume any of the debts, liabilities or obligations of the Library. C. Library Services Provided. The Library shall be responsible for operating, managing, and dadministeringHthe integrated free public library system in the County of Sonoma, consistent with the terms of this Agreement. D. Commitment to-County-Wide Library System. The Parties:to this Agreement agree to collaborate and•work<.cooperatively with one another and the Library;in good faith to ensure the provision of library services to Sonoma County citizens across the-regional county- wide library system. II. POWERS A. General Powers: The Library shall have the powers common to the Parties to this Agreement that are necessary orconvenientto the operation of the free public.librarysystem in the County of Sonoma, as well as other powers accorded.to it by law, subject to the restrictions set forth herein. B. Specific'Powers. The;Sonoma County Library is,authorized in its own name to perform all acts necessary for the exercise of common powers to carry out this Agreement, including, but not limited to, thefollowing: 1. To make and enter into contracts; • 2: To employ agents and employees; • 3. To obtain legal,-financial, accounting, technical, and other services as needed to-carry-out•its mission; 4'. T o acquire, construct; manage,-maintain and operate a ny:buildings, works; or improvements; -5. To acquire, hold,-lease, or dispose of property; 6. To,incur"debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant.to its.temporary borrowing powers such as Government Code §§ 53850,;et seq:, and authority under the.JPA Act; 7. Torssue revenue bonds and other forms'of indebtedness; • Draft,Revised8/27/13(Clean version) 8. To impose; levy, collect or cause to be,`collected, to receive and,use sales taxes, parcel taxes, Mello Roos taxes, property taxes, special taxes; or any other type of tax or assessment, as authorized`by.law; 9. to applyfor, accept, and receive all permits, grants, loans, or other aids from any federal, state,,or local publiciagency; 10. To receive and administer trusts, gifts, contributions, and,bequests, as well as receive donations of property,,funds,;services and other forms of financial assistance, from any person, entity,or agency; 11. To sue and be sued in its own name; and 12. To promulgate, adopt, and enforce any,rules and regulations as may be. necessary and proper to implement and effectuate the terms, provisions;,and purposes of this Agreement. C. Eminent Domain:,The Library shall not have thee'power to acquire property by eminent domain unless,the Member having jurisdiction over the subject property has expressly granted it such power in writing. Alternatively, Members may exercise their;own eminent domain powers for the-benefit of the Library. The,Members shall work cooperatively and in good faith with the Library to address;anyeminent domain•issuesifor the benefit of the regional library system. D. Restriction on.Exercise of Powers. Pursuant to the.JPA.Act'(i.e., Government Code Sections 6508 and 6509), all common powers exercised by the Library shall be exercised in a,manner consistent with, and;subject to, the restrictions and limitations,upon'the exercise of such powers as are applicable to;the'County of Sonoma, a general law county: III. EFFECTIVE DATE AND TERM A. Effective Date.This,Agreement shall become effective+on•February 1,:2014, or the date by which the governing bodies of all of the parties to the Original Agreement-:(the County of Sonoma and the Cities of:Santa Rosa, Healdsburg; Petaluma, and Sonoma)thave. executed this Agreement, whichever-is later. Such date shall be the"Effective Date" for purposes identified herein. B.. Term. This Agreement shall remain effective until it is terminated,in accordance with the provisions set forth below in^Section XI.A, subject to the rights:of individual Parties to withdraw from;the.Library, IV. MEMBERSHIP A. Current JPA Members. Prior to'the Effective Date of.this,Agreement, the sole Members of the Sonoma County Library are the County of Sonoma and the Cities of,Santa Rosa, Healdsburg, Petaluma, and Sonoma. These parties shall remain Members of the Library after the Effective.Date of this Agreement; subject to the terms and conditions Werein B. Membership.Eligibility. After"the Effective Date of this Agreement, other incorporated.ciiies,within the geographic'boundaries of the County of Sonoma may also become • Draft'Revised 8/27/13(Clean version) Members of the Library. To;become a Member, the governing,body of a;city must: (1) approve of and request membership in,writing; (2) execute this Agreement;°and (3) present such documents to the Library Commission. C. "Member" Defined. For the purposes of this Agreement and after its Effective Date,the term "Member"shall refer to the County of Sonoma and any incorporated city within the geographic boundaries of the:County which: (1) are eligible,to join the Library as.a:Member pursuant to the provisions of this Agreement; (2) have signed"this Agreement as a Party; and (3) have satisfied all other requirements to become a Member set forth herein. V. LIBRARY ADVISORY BOARDS A. LAB Creation. The Library shall establish a Library Advisory Board3("LAB") in each city or community in which at least one regional branch,library operates. The LABs shall be comprised of, and shall be operated by, the residents of their respective service areas who shall be appointed by the Commission. Each LAB "shall set its own procedural rules and operational bylaws, and shall l'comply with the provisions of the Ralph M. Brown Act, California Government Code Section 549S0, et seq. As of the.Effective Date, all existing LABs shall continue to remain in effect. B. LAB Purpose: The purpose of the LABs shall:be to provide information and make recommendati'ons'tocthe Conimission•and the Library Director on„matters affecting library service based on input from their respeetive service,areas. C. LAB Liaisons: Each LAB may appoint one,LAB member to act as aliaisonto the Library Commission, who shall present an,annual report on the activities of the LAB to the Library Commission. D. Annual LAB Meeting. All LABs are encouraged to hold one combined at least once a year to address system-wide library service and related-issues.. VI. GOVERNANCE A. Library Commission. The Library Commission-("Commission") is the governing and administrative body of the Sonoma County Library. Generally, it shall be responsible for exercising the powers set forthfin this Agreement and applicable law to accomplish the purposes 'of thelibrary. Specific responsibilities of the Commission are as follows: 1. Provide structuretand direction for operational, administrative and fiscal oversight of the Library; • 2. Before the beginning of each;Fiscal Year (as defined in Section IX.E), adopt,in its sole discretion, either an annual or a multi-year budget for the Library, and revise it periodically as necessary; 3. Ensure;strict accountability of all funds and reports of all receipts and disbursements;. 4. Identify and pursue additional funding sources:for the Library; Draft_Revised<8/27/13(Clean version) 5. If approved by a 2/3 vote of the Commission, issue;bonds-or other forms of indebtedness, and/or impose.or levy taxes as authorized by this•Agreement and/or applicable law; 6. Approve a strategic plan.whichaddresses,existingandproposed new facilities, operations,technology, and budget, at least once-every ten years; 7. Adopt a-facilities maintenance plan'avleast once every thieeyears, and revise it as necessary; • 8. Contract for, employ or otherwise engage,sufficient administrative; technical, support•and'other staff, consultantsand contractors, and provide fonnecessary direction, management and oversight for all staff, consultants and contractors; 9. Approve employment agreements or memoranda of understanding with employees and/or their representative bargaining units;. 10. Adoptpersonnel rules and regulations; 11. Oversee the Library Director's performance of duties; 12. Adopt rules for procuring supplies, equipment and services, and for the disposal of surplus property;. 13. Adepta•conflictofinterest code, as.required.bylaw; 14: Adopt bylaws, policies; rules and regulations as necessary for the purposes of this Agreement; provided that nothing in the bylaws, policies, rules and:regulations shall conflict with this Agreement or applicable law; 15. Review this Agreement once every tenyears;to determine'its;continuing, effectiveness; and.present written findings to Members; and 16. Discharge other duties consis tent with the p rp oses of this Agre ement a s appropriate or required by statute. B. Commissioners'.Appointed.by Parties. The?governing body of each Member of the Library shall be entitled to appoint;one;representative'to sit on the?Commission as a voting member(`"Commissioner") Commissioners appointed-by Members,of the Libraryshall serve.at the pleasure of the.governing,body which appointed them,,and may be removed by,such governing,body at any,time While such Commissioners do'not serve;foria specif c term of office, their appointments•maybe'made.or renewed';annually by the Member's governing body; absent such action,existing appointments shall continue in frill force and effect. Commissioners may be residents ofclibra y service areas, personnel or employees,of the Members, or elected officials of the Board of Supervisors-of City Councils. Initial appointments to the Commission by, Library Members shall become effective on the Effective Date, or immediately after a•city first-becomes a Member of the Library, whichever is later, Draft.Revised 8/27/13(Clean version) 2: Ifa &ember's°,seat on the Commission becomes vacant at any time, the governing body of the Member shall appoint another representative,to fill the vacancy within 30 days of the date oii'which such-position became vacant.. 3. Commi_ssioners'_newlyrappointed to the Commission shall be provided with training for their position by the Commission, Library Director;,or other persons, as designated by the Commission. C. Commission.Officers. The Commissioners,shall select, from among themselves, a Chair who shall be the presiding officer of all Commission meetings, and a Vice Chair who shall serve in the absence of the Chair:, In addition, the Commission shalt appoint Secretary and/or:Clerk (who need not be Commissioners)to be responsible.for keeping the minutes of all meetings of the Commission:and posting agendas.. D. Reimbursement:!+ofExpenses.: Commissionersshall serve-without compensation, but may be paid actual expenses inc_urred;in the performance oftheir duties. E. No Personal Liability of Commission Members. Under the JPA Act, no Commissioner shall be personally liable for any debts,.obligations or liabilities of the Library, or on any bonds issued by the Library, nor subject to any personal liability•or accountability by reason of the Library's incurrence of debts, obligations•or liabilities;or issuance•of bonds. VII. COMMISSION MEETINGS AND VOTING A. Regular Meetings. The.Comtnission,shall holdJfs;regularmeetings.on-a.monthly basis pursuanbto a,meetingisehedule, bufntay reschedule;ordispense.with-particular meetings as it deems necessary or appropriate. B. Special Meetings. Special meetings of the Commission may be called by the Chair or as provided for in the.bylaws. C. Call,'Notice, and Conduct of Meetings: All meetings of the.Commission:shallbe noticed, held and conducted accordance with the provisions of the Ralph M. Brown Act, California Government Code,Section 54950, et seq. As soon+as practicable, but no later than the time of posting, the.Secretary orClerk<shall provide a copy of the posted agenda'to each Member and Commissioner Commissioners;may attend meetings;remotely (via telephone, video, conferencing, etc.) with,full voting righis; to;the extent practicable andas permitted.by law, D. Minutes. The Secretary or Clerk shall,prepare minutes of all Commission meetings as=soon as`practicable after each meeting; and shall make the draft minutes available to each Commissioner, the Members,and other interested parties upon request The Commission shall:considerthe minutes at:the nett regularly scheduled meeting;foc approval. E Quorum:.Amajority of the'Commissioners+duly appointed;to the Commission as of any meeting date,shall constitute a.quorum of the-Commission for"the transaction.of business. If there is less than a quorum present at a m eeting,nno.Commission action can be taken, and the meeting may be;adjourrted. • Draft Revised'8/27/13(Clean version) F. Voting. All voting'power of the,Library shall;reside in the.Commission. Each Commissioner shall have one vote. Noabsentee ballot or proxy is permitted. The affirmative vote of at least a majority of the Commissioners attending a meeting is required/for the Commission to take any action However, a 2/3 vote.ofall duly-appointed Commissioners:is required for those•actions expressly identified in.SectionIVI.A.S of this Agreement, and a vote of at least a quorum of all duly-appointed.Commissioners is required for any of the-following actions: (1) approval of the budget, (2),approval of'collective/bargaining agreements;;(3) approvalof new regional branch libraries; (4) deeisions to incur debts from public or private lending:sources; and (5) adoptionor revision of bylaws. VIII. OFFICERS, COMMITTEES,;AND LIAISONS A. Library Director. The Commission shall appoint a Library Director who shall meet the qualifications of a"county librarian" as specified in Education Code Section 19142. The Library Director shall report directly to the Commission,and shall serve atthe pleasure of the Commission: The Library Director shall be responsible;for:the day-to-day operation, administration,and management of the Library, and shallperform-duties as assigned by the Commission and specified in:thi§,Agreement. 1. Subject to the general policies adopted,by the Commission, the Library Director shall build;up,and`manage, according to accepted principles of library management, the library for the use of the residents of Sonoma County and shall, subject:to budget limitations, determine what materials, furniture,,fixtures, and equipment shall bepurchased. 2. The.Library Director shall have the power to,employstaff,consultants and independent;contractors.as may be necessary to carry out the purposes of thisiAgreement, subject to the polices, rules,and regulations set;by;he Commission. 3. The'Library Director is authorized to make'payments for the Library under anyy contractor agreement previously,approved by the Commission where the payments are identified therein:- The Commission may also, by resolution, authorizes the Library Director-to pay claims of the Library which do-not,exceed amounts identified ihithe resolution.. 4. The Library Director l apply for and, with the approval of the Commission, accept and administer grants and subventions:from outside funding sources, both public;andprivate. 5. The/Library Director shall prepare.andrfile all notices•with'the Secretary of State as required-by Government Codes Sections'6503.5, et Seq., and.shall be responsible for preparing and filing any other'notices required by law. 6.- . The Librr`ary`Di rector is the custodian of Library property and, pursuant to Government Code:Section 6505:1, is required to file an official bondan,an amount set by the Commission or as otherwise required by law. 7. Decisions of the Library`Director+regarding policies,.facilities, and materials may be appealed to the,Com-Mission pursuant to criteria and procedures established in its bylaws. i 1 Draft Revised 8/27/13(Clean version) B. Chief Financial Officer. Thelibrary Director shall-appointa persons firm or entity to act as the,Chief Financial Officer to the Library. The Chief FinancialfOfficer shall be responsible for overseeing the Library's-financial activities and,shall, in writing, approve the accuracy of figures contained'in^each recommended budget presented to the Commission. The Chief-Financial Officer shall report directly to the Library Diieetor. C. Treasurer, Controller; and Annual Audit. The Sonoma;County Auditor- Controller-Treasurer-Tax'Collector shall;act;as the Treasurer and Controller for the Library. The Treasurer and Controller shall perform.all usual,and'customary duties of their offices for the Library,.including but not limited to receiving all deposits, issuing.warrants per direction, and other duties,specified in Government Code Section 6505::=5, The Commission may transfer the responsibilities.of the Treasurer and/or,Controller to any otherpersomor entity as the law may provide:at the time:(see e.g., Government Code.Section,6505'.5). The Commission shall cause an to be made by a certified public accountant; or public accountant, in compliance with Government Code Section 6505. D. Legal Counsel. The Commission shall appoint a,person, fne or entity to act as general legal counsel to the Lib"rary. E. Committees: The Commission may establish any advisory committees it deems appropriate to assist=itin carrying out its functions, includingTboth standing and ad hoc committees. F. Liaisons: The'Commission may appoint liaisons to ther.Commission as it deems appropriate to assistfitin carrying out its functions, and to assist with,outreach-to school districts and other community institutions. In addition, each LAB-mayappoint one LAB.member.to act as-a:liaison to the Commission, perSectioii V.0 of this Agreement. IX. LIBRARY BUDGET,,TAX LEVIES AND REPORTING. A. Budget Requirements. The.Library shall operateionly under an approved and balanced budget, which must be reviewed, adopted, and/or revised by the Commission each Fiscal Year The,Commission;may reviseran adopted budgetas may, be reasonably necessary to address contingencies, andiunexpected'expenses or financial circumstances. B. .Budget Process. The,Library Director is responsible for preparing;the: recommended'budget to present-to,the Commission<with,assistance-from the Chief Financial Offcer. At least one month prior'to the Commission's annual public sessions';to be held on,the budget, the Library Director and Chief Financial Officer shall hold a public discussion or workshop with respectib-the budget. . C. Tax Levies., 'The County-of Sonoma (and any other.Membeeras applicable) shall continue to annually levy, in the-same manner and,at the same time;as'lother similar taxes are levied, and in addition to all other taxes, the tax upon all'property to maintain and improve the Library-system: Such library tax revenuescshall be.deposited with the and paid out.forthe,purposes authorized by this Agreement.. Draft Revised 8/27/13(Clean version) D. Annual.Report. The Commission shall comply.with Education Code Section 18927, and shall provide an annual,report to the^State Librarian and the,Members on'the condition of the Library. TheiLibrary Director shall comply with Education Code,Section 19169,,and shall provide an annual,report,to,the Commission, the Members,==and°the State. Librarian on the condition of the Library. E. Fiscal Year. The Library's Fiscal Year-Si-1611 be f2 months!commencing July 1 and ending June 30. X. SERVICES; RESOURCES, AND FACILITIES A. Services. If isthe:intentiomof the Partiesthat the services the Library presently offers to the public be continued at or abovecurrent levels in all of its regional branch libraries. Such services include, but are:not limited to, the size andquality of collections, hours of operation, qualifications-of staff, and,availability of technology. The Library°shall endeavor to increase-existing levels of services, and;;the;locations in which services are provided,as allowable. B. Distribution of:Resources..'The Library shall distribute its personnel,'.financial and technological resources among the various regional library branches in an equitable fashion, unless such distribution is expressly restricted (such as conditions in,a<gift,or bequest). 1. With-respect toil-lours of operation, an;equitablevdistribution of resources requires that all regional branch librariesbe funded in;a manner-allowing them to remain open to the public the same baseline number of hours, with the exception of the Central Branch in,Santa Rosa (which may be funded allow it to remain open to the public for'more'hours than the other regional branch libraries). 2. Nothing in this-Agreement shall be construed astprohibiting a Member, person, or other entity'froni providing additional funding to a particular regional branch library for the purpose of allowing'an increased level of service:atthat branch, including but not limited to an increase in the baseline hours of operation; provided,,,however,that access to any such increased level of service at a particular branch must be made beravailable to.all Sonoma County residents, The Commission,shall develop policies andprocedures;in its bylaws to establish conditions for reviewing and granting any such requests to,increase levels of service, and-must approve of,all such requests prior,to implementation. The Commission's bylaws;shall,require the requesting party,to address'the im pactsof a requestion the°operation of the particular branch as well1as the Library includingbut not limited to affects onpersonnel and administration. The.Commission may approve such equastsEonly if they will not fiave:an adverse impact on the operation or administration of any regional branch library or the Library system-wide. C. Facilities. All facilities used:or operated.bythe Library shall meet minimum standards satisfactory to the Commission. 1. The-Library shall enter into and maintain-lease agreements for each facility in which it operates, orintends to operate,.a;regional branch Or rural station library, unless the facility is owned by the Library. The .Commission"shalL;establish lease{agreement • Draft Revised 8/27/13(Clean version) standards and requirements:in its bylaws, and shall approve Library leases that are consistent therewith. 2. The Library and Members who own'libraryfacilities shall work together to plan for the provision and payment of capital improvements and capital repairs to facilities operated by the Library, including but not limited to majorrepairand replacement of building strictures, HVAC systems; plumbing, roofing, and other structural elements or external features such as parking lots. 3. Any temporary,or permanent relocation of a regional branch library shall be mutually agreed upon by the Library and the owning the subject library facility or facilities. .Notwithstanding,the foregoing, the Library shall continue to have the exclusive occupancy and control of the Central Library building and grounds,in Santa Rosa, California. 4. Members shall obtain the prior written approval of the Commission with respect to any proposed new library y branches.and`any expansionlretnodeling of existing library branches, including approval of plans and specifications. Anyarchitects retained by a Member for such purposes shall consultwith the Library Director as often as the latter deems necessary to the proper exercise of his/her responsibilities. XI. TERMINATION ANDWITHDRAWAL A. Mutual Termination..This Agreement may be terminated only by the mutual agreement of all of the Parties; withdrawal of all but one of the Parties shall constitute a mutual termination of this,Agreement by all Parties as of the end of the Fiscal Year in which the penultimate Party withdraws. Upon termination of this Agreement, Members shall mutually agree upon the disposition of Library funds and assets remaining after satisfaction of all of its debts and obligations. If the Members are unable to reach an Agreement on such disposition, they shall be apportioned Library funds and assets pursuant to their proportionate share (based on assessed values for library tax purposes), which shall be determined by the Library's Treasurer. B. Withdrawal.. Individual-Members may withdraw from the Library without affecting the continuing operation or administration of the'Library. Individual Members may withdraw from the Library byfcomplying with all applicable lawsrand by giving,a minimum of one year's written notice to,the/Commission and all other Members, which withdrawal shall be effective only at end of a given=Fiscal'Year Any Member who:withdraws from the Library shall not be entitled to distribution of any Library property orfunds; the Library shall retain all property used in the provision of library services,at the Member's facilities,:including but not limited to furniture„fixtures,technology, equipment, and library collections and materials. Further, a withdrawing Member shall be responsible for satisfying its proportionate share (based on assessed values for-library tax purposes) of all outstanding debt;and obligations for system- wide costs, and all costs relegated to:any regional branch library in the Member's jurisdiction, that exist at the time of withdrawal. Upon withdrawal, all future library tax revenues attributable to the withdrawing Member may revert to that Member only if it assumes the responsibilities of providing a free public library within its jurisdiction and if otherwise allowed by law. t2' Draft Revised 8/27/13(Clean,version) XII. MISCELLANEOUS PROVISIONS A. Privileges and:Immunitiesfrom Liability. All.of the•privileges.and immunities from liability, applicable to the activitiestof officers„agentsor employees of a:public agency when performing-their'respective functions;:shall apply to the officers, agents or employees of the Library to the same degreeiand extent while performing any of the functions and other duties of such officers, agentsor employees under this Agreement. None of the officers, agents or employees•directly employed"by the Library shall be deemed,,by reason,of their employment by the Library, to be employed by the.Parties to this Agreement or subject to any of the requirements of the Parties. B. .Insurance: The:Library shall be required to obtain:insurance,'or join a self- insurance program(s) in which.one or more of the Parties participate; appropriate;for its operations. Any,and all insurance;coverages provided by the Library, and/or any self-insurance programs joined by the Library, shall name each and every Party to this agreement as an additional insured for all liability arising out of or in connection with;the operations by or on behalf of the named insured in;the performance of this Agreement Minimum levels of the insurance or self--insuranceprograrn shall be set by the Library in its ordinary course_.of business. The Library shall also require all of its contractors and subcontractors to have insurance appropriate for their operations. C. Indemnification of Parties and Participants.,The Library shall defend, indemnify, and hold harmless the Parties and each of their respective officers, agents, and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind,arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Library. D. Amendment of this Agreement. This Agreement,may be amended,only by the written'agreement of all-Parties. E. Severability. If:one or more clauses, sentences,;paragraphs or provisions of this Agreement shall be held to be;unlawful, invalid or unenforceable, it is hereby agreed by the Parties that the remainder of the Agreement shall not be affected thereby. Such clauses, sentences, paragraphs or provision shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible. F. Parties to be Served-Notice. Any notice authorized or required to be;given pursuant to this,Agreement,shall`be validly given if served in writing either personally, by deposit in the,United Statesman, first class postage prepaid with return receipt"requested, or bya recognized courier,service.:Notices given,(a) personally or by courier service shall be conclusively^deemedrreceived'.atthe time of delivery and-receipt and (b)by mail shall be conclusively deemed given 48 hours after the deposit thereof(excluding Saturdays,Sundays and holidays) if the sender.receives the return receipt. All notices directed to the Library shall be addressed to the Chair of the Library Commission, or such other person designated in writing by the Commission, and shall becopied to all Parties. G. Complete,Agreement. This Agreement constitutes the full and complete agreement of the,Parties with respect to the subject matter hereof. All prior negotiations and �3 Draft:.Revised 8/27/13(Clean version) written and/or oral agreements between the Parties with respect to the subJect matter of this Agreement are merged into this Agreement: H. Execution in.Counterparts.'This Agreement may be executed in any number of counterparts, and each executed counterpart shall have the same force and effect as an original instrument and as if all signing'Parties had signed the same instrument. WHEREFORE, the Parties agreeao and execute this.Agreement as of the dates set forth below. l`� 00,k5eESYoAJDS [Ut?H 5'16TNE,A = A4 erff Carr:- ATTACHMENT 2 Wmgi JOINT POWERS AGREEMENT:FOR CONSOLIDATION RECEIVED. of-PUBLIC LIBRARY FACILITIES AMONG CITIES IN THE COUNTY OF SONOMA AND THE COUNTY-WIDE; PROVISION OF FEB 5 1975 LIBRARY. SERVICES BY THE''SONOMA.COUNTY 'LIBRARY (s)yitd .r.-z�-7s) 'CITY CLERK AGREEMENT made and entered into: under the joint exercise of powers pro- visions of the Government Code of the State of California, by the COUNTY OF SONOMA, hereinafter called "COUNTY,'! the CITY OF"SANTA ROSA, the CITY OF HEALDSBURG, the CITY OF PETALUMA and the CITY OF SONOMA, all cities situated in the County of Sonná, State of California. WHEREAS,. the COUNTY and The CITY OF SANTA. ROSH are -parties to an "Agreement for Library'. Services''' dated December 28; 1964, 'in accordance with which the functions of the County Free Library have since July 1 ,1965, been administered by the Board of Trustees of the-City of Santa Rosa Library within the unincorporated portions of the County and within those cities to • which COUNTY is obligated to provide library service, which cities `presently include the City of Cloverdale, the City. of. Cotati , the City of Rohnert Park, and the City of Seba3'topAE,,. 'and WHEREAS, the City •of Sonoma entered -into. an agreement with the'Santa Rosa-Sonoma County Public Library, hereinafter called ' CITY-COUNTY LIBRARY.," dated May !3, 1969, under which the maintenance and operation of the Sonoma Public Library are presently:.combined with that of the .CITY-COUNTY LIBRARY, and and WHEREAS, the other cities signatory of this agreement are presently maintaining libraries .for the purpose of providing free.publ ic library service for the inhabitants'. and taxpayers of`thei.r respective cities, and, and, WHEREAS, the-citi,es and, the COUNTY are desirous of further consolida- ti:ny the-public libraries of the County to the end that a better and more efficient public library system with equalization of tax rates be .attained thereby, and - ... WHEREAS, in pursuance of the above the governing bodies of all parties to this agreement .desire to consolidate' their exist ing. public library services as a joint exercise of power under Chapter 5, Division 7, Title 1„ of the Government Code-Of-California:, .-and • WHEREAS it is the •intention of the part i es. that the continuing operation of free public library services throughout the County of Sonoma, pursuant to this agreement, be provided by the Sonoma County Library, operating;;as a County .Library, with'al'l of the legal powers and privileges of a County Library; now therefore BE IT AGREED,:.by and between the parties hereto as.follows: 1. Consolidation.. On the operative date of this agreement the Santa Rosa-Sonoma -County' Free Public Library, and the respective Libraries of the Cities which areas igna.tors hereto shall be functionally merged into a consolidated public 1iibrary., to be known as the Sonoma County Library, hereinafter called; "Librar.y;!' This library i s deemed to be established pursuant to Chapter ..2 (commencing with Section .27151); ,of Division 20 of the Education. Code,, 'and to be a County Free Public Library as defined in Section 2216' of the Revenue and Taxation Code. 2. ' Public Agency. The Sonoma County Library as so established • shall be administered as if it were a separate public agency, under the meaning_.of Sections 6506 'and 6507 of the Government Code and Section 27.113 of the Education Code.. It shall have all of the corporate powers afforded by law to the County Li'b'rary and shall be governed by. the Library Commission establ"fished in the following prov is ion of this Agreement, which shall have exclusive jurisdiction over the maintenance and operation of the library. Its members shall serve without compen- sation but may be.paid actual expenses incurred in the performance of their duties. 3. Commission. The The -Commission shall' consist Of seven (7) members. to be appointed as fo.lilows': (a) One member by the Santa Rosa City 'Council . (b) One member by the Petaluma 'C.ity Council . (c) Five members by the, Board of Supervisors of Sonoma County. Of the five, one member shall be a resident of each Super.visorial District of the County as these presently exist or as they may be t(_ changed from. time to time. (No one of tte five isha:l1 be a resident of any City the property in which is not taxed for the support of the Library..) (d) Thei members of the Commi'ssi'on appointed by the Board of Supervisors shall:be appointed as follows: two for terms of one year each; two for terms of two years each.;. one for a term of three years. Members of the Commission subsequently appointed by the Board of Supervisors shall hold office for four years. (e) Members of the Commission appointed by the City Councils shall hold office for four years. (f) The Board of Supervisors shall give consideration to the appointment of as many current members of the CITY-COUNTY LIBRARY Board of Trustees as is consistent with this Agreement. (g) Upon the expiration of the term of a member of the Commission, the vacancy shall be filled by the same body which made the appointment of the member whose term has expired., (h) A vacancy shall be filled for an unexpired term by the same body which made the appointment to the position so vacated.. 4. Officers. The' Commissioners shall be appointed before the operative date of this Agreement. Withi.n two weeks of this appointment the Commissioners isinall meet and organize by the election of such officers as they deem necessary. • 5. Transfer of :Authority. From the operative date of this Agreement the Commission shall. assume the authority and responsibility presently exercised by. the Board of TrUitees. of.the CITY-COUNTY .LIBRARY: The Commission shall„ by delegation of the Board of Supervisors of Sonoma County made by this present agreement., and acting as a body corporate under the joint exercise of .,powers law of the State of Cal iforni a;, administer the said library. Employees of the CITY-COUNTY LIBRARY shall become employees of the Commission, not of the County.. Title to all library materials; supplies, furniture and equipment held by the CITY-COUNTY LIBRARY. or in the custody of the CITY-COUNTY LIBRARY shall pass to the Commission. Library vehicl:es owned by the City of Santa, Rosa but purchased from City-County Library Funds„ as hereinafter specified; shall become the property of the ;Commission, and all unused:monies, received on their account in the di;ty-s Equipment' and Replacemen.t -Fund shall (be..pa id over to ,the' Commission'i: bookmobire number 1.41=57, delivery van number 142-72; and bookmobile number 143-66. County agrees to provide housing, maintenance, fuel and depreciation funds, all to be paid for by the. Commission from its budget, the same as for all County vehicles All library Operating and reserve funds or trust. funds under the .control of the CITY-COUNTY LIBRARY Board shall be paid over to the Commission. The Commiss ion shall assume the rights and obligations of the CITY-COUNTY LIBRARY under all existing agreements, except those enumerated below which are specifically superseded by this Agreement. - .Existing agreements whose rights and obligations'. shall be assumed :by the Cornmissi:on include lease agreements for branch library quarters maintenance and service agreements for buildings and grounds,;. agreements for custodiail- services'; equipment • maintenance and service. agreements; equipment rental agreements; bookkeeping and data-processing agreements; agreements for services :made with and on behalf of the North Bay Cooperative Library System. From and after 'the operative date of this Agreement. the Commission shall provide library services 'to the City of Petaluma and the City. of healdsburg in the manner prescribed in paragraph 18 of this Agreement. The Commission shall have custody and control of the book collection and other personal property presently contained in the Petaluma Public Library and the Healdsburg Public Library which is under the management of the Petaluma: Board of Library Trustees and the Hea.ldsburg Board of Library Trustees, -respectively. From and after the operative date of this agreement the Commission shall :have the supery is ion, care -and custody of all property for the Library including,rooms or buildings constructed., leased or set apart therefor. 6. General Authority. Subject to any restrictions contained In this • agreement, the Commissi'on is authorized in, its own name; as provided in. Section 6508:-of the Government. Code, to do any or all of the following: (a) To.:fmake and enter, into contracts. (b) To employ agents• and employees.: - - (c) To acquire, .cons'tr.uct., manage, 'maintain or operate any • buildings works! 'or improvements. (d) To acquire,..ihold or dispose of property. L� • (e) To incur debts, F lab i'Jities, or::obli gat ions which •do not constitute the debt I iabihity or obligations of-any of the parties;to 'this 'instruments. (f)' To issue revenue. bonds. or revenue-type bonds to the fullest extent not prohibited by law.. (g) To sue and::be sued. 7. Director:. The Commission shall appoint a 1ibrary .director, who shall meet the goal if leaf of a county librarian as, provided in Section 27209 of the Education Code:. The I ibrary'director ;shall , subject to the general rules adopted•b,y the Commission, build up' and manage, according to accepted principles of'.l'.ibrary management, a library for the .use of the people of the County, and :shall , subject to budgetary limi-tat ions, deter- mine what books and other library equipment shat I be purchased. • 8. Employees. The Commission shall adopt ;policies, ;rules and regulations for personnel 'relations, employment'..and admi ni'st:rat ion, except that the number-of employees, classification and compensation (wages, hour-s condi't ions:.of employment) shall be subject to app royal by the Board of Supervisors. 9. Budget. The Commission shall submit annually to the County Board of Supervisorsa budget .containing. esti mates in .detail of the amount of money ;necessary for the Library for the ensuing, year together with an estimate of revenues other than tax revenues which are anticipated. The Commission's, proposed budget- shall be reviewed in.standard manner by the County Administrator, who shall make his recommendations in its regard'to the Board of Supervisors:. The estimate of, total expend i,tures, as-final;l;y fixed and adopted, by the Board of Supervisors, or as there- after revised by the Board of Supervisors constitutes the appropriation for the Library' for period to which the budget ,is intended to apply. The Commission shall,'have authority to expend funds within the .appro- • privation for the Library as 'defined in thi-s section, except that the ..mon:i:es specified in the Commission's budget for any of the fol lowing major categories shall not be exceeded without a transfer or other appropriate-'augrne,ntat ion of said budget category by the Board of • • S. • Supervisors: Salaries and Employee Benefits, Serviceiand Supplies; • Fixed Assets;' and each 'major sub-category of Fixed Assets. • 10, Tax Levy The Board of Supervisors shall annually levy, in the same manner and at the same time as other county taxes are levied, and in addition to all other taxes, a tax upon all property in the county outside of cities and upon all property within cities which are or elect to become a part of any county free library System, for the purpose of purchasing property for, establishing and maintaining the County Library. 11. Library Flihrl. The revenue derived from the tak, together with all money acquired by grft, devise, bequest, or otherwise; by or for the Library, shall be paid into-the County treasuey-to-the credit of a fund to be designated the "County Library Fund," and shall be paid out for the purposes authorized in this Agreement on the order of the Commission, signed by the chairman and seeretarY. The Treasurer of the County of Sonoma shall be the depository and have custody of all the money of the Commission from whatever source, and shall , to the fullest extent not prohibited' by law any surplus . . or trust funds, for thgbenefit of the Commission'. The Auditor of the County of Sonoma shall account for all funds belonging to the Commission and shall prepare' reports Of all receipts and disbursements in accordance with standard accounting pTocedures. fhe_County Auditor shall make, or cause to be made, an, annual audit of the accounts and records of the Commission, which audit shall meet the minimum requirements prescribed by the State Controller under Section 26909 of the Government Code. A report of the audit shall be filed as public records with each of the contracting parties to the agreeMent and With the Zeunty Auditor within tw'elve.months' of the end.- of the fiscal year under exaMination. All persons employed by-the ComMission,wilt be deemed to be persons who have charge Over, handle, or have access to the property of the CommIssion. - They shall i be required as.,a condition of employment to qualTfY for and be covered fidelity bond or .fidelity insurance /1W• • • coverage carried by the County of Sonoma, or h ike coverage afforded directly 'by the Convnission. The parties to"this Agreement hereby fix the amount of such coverage as that which is from time to time specified by the County of Sonoma for- the; blanket fidelity co'''erage of its officers • and employees other than those who are requ=iced by law to provide special bonds. 12. Warrants;., Upon receipt by the 'County Auditor of an order of the Commission, he 'shal'l. issue his warrant upon the County Treasurer for the amount stated in the order, provided, however, that the..Commis- sion shall approve; no claim, and the auditor shall issue no warrant for any expenditure, in excess of the budget appropriation as specified in Section 9 above except as provided by law.. The Library Di rector may be authorized by resolution of the Commission to pay all claims which do not individually..exceed a specified amount'-of money.. The' Library Director shall , Without further authorization by the Commission, make payments under any contact or agreement previously approved by the Commission where the payments are set forth in said agreement. 13. . Special Funds. If payment into the. County Library Fund is inconsistent with the conditions or terms of any gift-, devise, bequest, or agreement the Commission shall provide, for the safety and preserva- tion of the latter, and. .the application -thereof to the use of the Library, in accordance with law -and the terms and conditions of the, gift, devise', bequest:or agreement, by the use of trust fund or funds. 14. Administration of Trusts. The Commission may, to the fullest extent not prohibited by law, administer any trust declared or created for the Library, and receive by gift, devise, or bequest and hold,;in trust or otherwise.,' property s ituated in this State or elsewhere, and where not otherwise provided, dispose of the property for the benefit of the ,Library. 1.5. 'Report. The Commission shall, on or before August 31 in each year, report to the...Board of Supervisors and to the State Librarian on the condition of the .Library, for the year ending June 30th preceding: The reports shall;, in.addition to other matters deemed exped'ient by the Commissions -contain. such statistical and other information as is deemed desirable by the Spare librarian, in 'accordance. with Section 27262 of the Education'Code. 16: North Bay Cooperative Library;system„ ln;reference to the "Supplement to Agreement of: 1960 entitled 'In re North Bay Cooperative , Library SysteMr containing a further Agreement for,Joint Exercise of the Powers of the contracting parties and the est'abli'shment of the North :Bay Cooperative Library System as a separate .Agreement for the exercise of such powersill adopted the 13th.day-of :May, 1964, the Library established pursuant to this Agreement. is deemed to be the successor of-the-Santa Rosa-Sonoma ;County Public: Library, and of the libraries of the following agencies which were signatories• to the 1964. agreement or subsequently became parties to it The County of Sonoma, the City of .- 'Cloverdale the City of-Heal:dsburg, the:.City of .Petaluma, the City of Santa Rosa, the City of Sebastopol and the City. of Sonoma. The Library is hereby assigned the interests of the parties to this agreement in the North Bay Cooperative Library System. 17.. Public library Service's Act. It is :the intention of this Agreement that the 1Library established hereby be assisted in affecting a'functional consolidation of any libraries 'knot already so consolidated by procurement of establishment grants under the Public Library Service. Act .of 1963 and'., Section 20251 of Title V of' the California Administrative Code. the Commission shall. take. all necessary and proper steps to apply for and receive such'grants, and in so doing shall' secure the approval of the local li'brary advisory committee in any city the consolidation of whose' library quali'f'ies the Commission for such .grant: It is also the intentiorh of th.i's, Agreement that the Library establ ished hereby does and continues ici.gual ify under the Public Library .:Services Ac:t of 1963 in accordance with. Section 27131 of the Education Code. 18. Level of Service.. it is the intention of this Agreement that the library service presently offered by the parties hereto be -continued at least at- -current levels.. For-the purpose of this agreemerit"'levels of service" shall bedefined ,as including; but not 1-imited to size: and quality of collection;;`hours of service;.;and qual.ifications of staff. The Library shall maintain these minimum levels and shall increase them as -increased efficiency and budget will• • permit. Consistent with the equalization of tax rates attained hereby the Library shall endeavour to provide an equal level of service to all residents of the County:within its service area: in' accordance with accepted principles of library management: Such.equalization of service shall be based upon' the elements, locations and standards recommended in the Report on Alternative Methods of Organizing a• County-wi de Library System, prepared by the Office of the County .Administrator, September; 1973• 19. Current Employees. (a) The Li.brary shall offer employment to all employees of the Healdsburg and Petaluma City Libraries whose :service is terminated by reason of the execution of this agreement. Once employed by the Library such employees shall not be :transferred . to another place of:employment without their consent. • (b) Employees -of the CITY-COUNTY LIBRARY and employees described in paragraph (a) above shall be retained in positions similar to those '.which they presently occupy, at no reduction in salary and employee.._benef its which are generally comparable.. Continued employment of said employees shall be subject to the Commission's • policies, rules and regulations for personnel relations, 'employ- ment and administration. (c). The-Commission shall enter into.a contract with the California Public Employees Retirement ^System•within ninety days of the effective.date of this Agreement. (d) Employees described in paragraph (b) above; shall be credited by the Library with any unused vacation or sick leave to which they may be entitled at the termination of their :service with their current employer. The Library shall not be Liable for • such benefits or --for any terminal, payments.lao persons who decl'ine, to accept employment in the .Library: (e) The City ,of Santa Rosa agrees, to provide hea'lt,h insurance coverage at Commission, cost under its group plan to all employees described in paragraph. (b) above for a period of one year from . the effective date:of this agreement at the election of the Corn Usssion: 20. central. Library Building. In consideration—Of its unique and important role ih the provision of countywide Library service, the Library shall have exclusive occupancy and confrol .of -:the central Library building and grounds in Santa Rosa, and', effective July '1 1975, shall pay• to the owner, the City of Santa Rosa, at such times as pay- ments are due to be made by•the City, such sums as are necessary to retire the outstanding bonded indebtedness, both principal ,and, interest„ for which the City is liable on account of this building, .these amounts being $1 ,000,000. and $355 895 respectively. .Upon:retirement of all outstanding 'indebtedness.on said building the 'Li.brary Shall continue to occupy and .control it without: further compensation to the City., soi long. as the 'City continues to receive service from. the. Library. In the event. the (Ci.ty of Santa Rosa terminates its participat,ion1 in this agreement, and: provided the ,County of Sonoma continues its participation in this agreement, the Commission shall have the right to lease such portions' of the central Library as are :easenti al for the operation of the County Library, under terms whsich are mutually agree- able to the+ Commission and the City of Santa .Rosa. 21. Regional. -Library Buildings, The Commission shall, subject. to the availabit i-ty of funds maintain and operate: regional. branch library, bui:l'dings. in any or all of the fol lowing :urban centers:. .. Cloverdale, Cotati-Rohnert Park, Healdsbur,g; Petaluma,' Santa Rosa, Sebastopol and Sonoma, and in the unincorporated community--of Guernev,i.l le. Any of the above 'municipal:ities may construct library buildings to be maintained' and operated by the..Comm'iss.ion provided the same'meet the minimum-standards established by the Commissii on for such facilities-. The - Board of Supervi"sor3i'shal'i provide federal revenue shar'.ing^'funds. i.n the amount of $1 ,250000'toward. construction oUthe abo,Le,facilities, in accordance with a matching-fund'.•formula "determined by the County. The Board Of • Supervisors, shall assist local areas to raise the necessary funds -through the establishment of special library taxing zones, adoption of ordinances permitting the sale of revenue bonds,. other procedures deemed beneficial • by the affected communities;: Title to any new library. facility part of whose construction costs are- borne by a municipality shall, be retained by the municipality. Each library facil ity which is constructed under this Agreement shall bear the name) of the community in which it is .situated, and shall be dedicated, inscribed and otherwise memorialized .as. the .authorities of that community shall prescribe. In each instance in.which a city shall construct a Library building under this Agreement, to be maintained..and operated by the Commission, the 'County Library Director shall advise: the City in all matters regard- . ing the design,, construction and equipment of said building. The local Library Advisory Board shall likewise advilse. the City On these. matters. The architects retained by.the Pities and the County for the construction of library buildings under:this .Agreement shall consult with the Director as often as the latter deems necessary to the proper exercise of his responsibilities. .,Approved of the Commission shall he required for all • plans, designs and pecifications for said bu:ildings..except that build- ing now under design in, the City of Petaluma. Upon completion and acceptance each. such library facility shall be under the exclusive occupancy and control of the Commission so long as the, city in which ti.tle "to said facility is-vested continues to receive service from the. Commission.. (No city which is a party hereto is ,bound by this Agreement to provide or participate 'in the provision of additional buildings for library purposes..) 22_.- 'Tax 'Levies in Cities. (a) The Board of Supervisors shall continue to levy-a.county, library tax a"s specified 'in Section ID above in the cities of Cloverdale., totati , Rohnert Park and Sebastopol , which cities are currently within the County Library tax and service area (b) The cities which are parties to.'this Agreement shall each in the fiscal year commencing July 'I on or fol lowing the operative date, of 'this Agreement, and in-- all subsequent years during the life -of this Agreement unless--rand until it joins the County library tax;area, levy a library .tax or its equivalent upon the property within its boundaries equal in rate to .the tax levied by the Board.of Supervisors in the area subject to the County library tax, and each city shall pay over the proceeds of its city I ibrarytax- levy or its equivalent when received to the Commission... As used in this paragraph "proceeds of their city library tax levies' are deemed to include (I)realty and secured property taxes;. (2). unsecured personal property taxes; (3) del inquent • secured and ,unsecured property taxes for the prior year; (4) State subventions on account of Homeowners Property Tax Relief and Business Inventory Tax Rel ief for both secured and unsecured property; and • (5) any other State subventions granted for property'tax relief. (c) In the initial year of this agreement' the cities of Healdsburg and Petaluna ,shal1 each pay over to the Commission an amount equal to the estimated' costs which each city would have incurred in the operation of its separate library for the current fiscal year, •in- cluding:: employee.benefits and other costs which may not be included in its Library budget proper, in..consideration of its relief of such . costs by the operat ion. of this agreement,. It is agreed that in the case of Healdsburg such estiimated costs. are $40,000; and, in the case of 'Petaluma such estimated costs are $155,000. In the initial' year of this agreement the City of .Santa Rosa shat I. pay over to the Commission when.'received alt monies derived from a library tax rate of 19 cents and from its Retirement Fund, an amount equal to the estimated.cost which the City would have 'incurred on account of retirement contributions for library employees; said estimated rei irement. cost being $60,821 . From each of the sums or proceeds specified in thi•s ,paragraph there shall be deducted any amounts expended =by the cities from.'July :1,, 1974"to 'the opetati:ve date of this agreement,.. • . • ''AA ; 7-1 (CI). Pursuant to. Section 27154. of,ther,ttlucation Code any city in the County may elect to become a part oftheicounty free library system and to be taxed aecordibgry.. When any city has entered. the county library tax area it shall no longer ber-liable-for any-taX.funds for the operation of the County Library, 23. Agteements.SuPerseded. On the operative date of this Agreement, or as soon thereafter as is consistent with law or the terms thereof, the following agreements shall be terminated by thiS.jostrument or by action of-the COmMissieh as successor to the CITY-COUNTY LIBRARY; (a) Agreethent for..Library Sery ice entthe& into by and between the County of Sonoma and the City of Santa Reiss and its Board of Library Trustees on, die 28th day of DeCember, 1:964. (b) Agreement for Functional Consolidation of LibearY Services between. theGity Council of the City of Sonoma and its Board of Trustees acting jointly and the Santa Aosa4onoMa -County PUblic Library entered into on the 12th day of May 1969. (C) Exchange of Services Agreement made and entered into on the 21at day of January s 061, ;by and between the CouPtY. of Sonoma and the. CitY'lef Petaluma.actiog by and through its Board of Library Tr-Usteag. (d) Agreement by and between the Board of Trustees of the Santa Rosa-Sonoma County Free Public Library and the Board of Trustees of the HeildBbdip Public Library entered into on the 25th day of • June, 1574.; Advisory Boards. The Commission shall establish advisory boards in regions of the county centering "upon the urban areas designated in Section 21 above, and shall maintain these boards so long as they are ;desired: 6Y theconnunities which they represent., The advisory boards shall organize and meet as they shall each Petenmine, and shall 4make 4recommendations to the library director and the ComMiSsioh on all matters affecting library service in the regions which they represent. The library boards, library advisory board and library advisory committees which presently exist, and the members thereof, • VA - . shall be designated to be the' initLai regional Library Advisory''Boards established shed' pursuant to this Section, 25. .Amendment.. This Agreement may be. amended by unanimous consent of all of the parties to this Agreement... 26. Termination,. Any of the signatories may-`terminate: its participa- • tion in this Agreement,-by; giving notice;to all other parties, in writing: Provided however,* .such:notice must ,6e given to the other parties prior to the 1st day .of January in any fiscal year, and such termination shall be effective on the 30th day of June of said':fiscal year - Upon termination of this Agreement- as to :any one party.,ownership of all remaining library:'.books, materials and equipment originating from said party shall 'revert to Said party, and library books and materials acquired . after the effective date of this. Agreement_shall be equitably proportioned party according o ' `n proportion. to the to -�5ai d art 'accordin to its assessed ya,l uaf iron r total assessed valuation of the remaining parties, all in accordance with the last equal ized.assessment role, including reimbursable property tax exemptions such as Homeowners- Property Tax; Relief. Upon such proportion- ment distribution:"of library materials shall be made to said party such that At shall have a reasonable cross-section of materials to. use in its separate. 1i'brary system. 27. Effective: Date. This agreement shall de i tin full force and effect on the date of the last signature.,below, which date 'shall be endorsed following such signature. It shall become operative,on the first 'of the calendar month following 30 days after the date Of the last signature appended',:.be'Ipw. . ., Signed on 1974,, by :ATTEST:; THE CITY OF,HEALDSBURG' by Its duly authorized officer'whose position is (Seal) that 'of 'Signed on 1974, `by ATTEST: THE CITY OF 'PETALUMA by Its duly authorized officer whose position,'is (Seal.) that of ' • Signed on 1974, by ATTEST: THE CITY OF SANTA. ROSA by Its duly authorized:officer whose position is (Seal) that of Signed on 1974, by ATTEST: THE CITY OF SONOMA by Its duly authorized officer whose position is (Seal) that of _. . Signed on 1974, by 'ATTEST: THE COUNTY OF SONOMA bY.. . _ - - - - - Its duly 'authorized officer whose position is (Seal) that. of �&4 ATTACHMENT 3 1858 DATE: Septeurber-10,2012 TO Honorable:Mayo"r•and Members of the City Council FROM: John C. Brown;city`Manager SUBJECT: Resolution Appointing A,Representative:and.an.Altemate to.an-Ad-Hoc Committee To R'eview'The Sonoma County Library'Joint Powers Agreement. RECOMMENDATION' It is recommended that the City'Councihadopt the attached'resolution`appointing a representative and an alternate to an-ad-hoc committee to review the Sonoma County Library Joint Powers Agreement. BACKGROUND The Joint Powers Agreement;for'consolidation.of library`facilities;and.services (JPA) was executed in 1975, between the'Countyof Sonoma and the cities of Healdsburg;Petaluma, Rohnert Park, Santa Rosa, Sebastopol, and Sonoma(Attached). The JPA consolidated library facilities and services on a county-wide basis under:the governance of an independent Library Commission. The Library Commission consists of seven members, five of whichsare'appointed by the Sonoma County Board of Supervisors and,two of which are representatives appointed by the City Councils,of the Cities of Petaluma and Santa Rosa. Each library branch also has a Local Advisory Board (LAD). One Petaluma<Council member is appointed annually b ythe City Council as its liaison to our LAD. Under the agreement, the cities;and`county provide the buildings occupied.by,library branches, and the County funds operations. Funding is primarily provided from the-property-tax. On joining the.JPA, the cities'transferred'to the County that portion of their tax bases attributable to library services at that time Cities have no direct expenditure authority over operations in their respective branches, but have been responsible'for':capital,improvements to'the structures. Questions have been raised regarding Library operations and the JPA. In'March2012 the Sonoma County Board of Supervisors directed its staff to evaluate Library management structure, efficiencies, cost savings, opportunities to collaborate with partner cities, and to review the Joint Powers Agreement. County staff was also directed to provide a status report and reconimendationson,areas Of improvement. In April 2012„a'subconibittee of the Agenda Review: City Attorney Finance.Director City Manager Sonoma/Mendocino City/County'Managers' Association formedto consider theCounty Library JPA and related city,andcountyissues regarding the JPA. DISCUSSION At the August 9, 2012 meeting:of the Mayor's and Councilmember's Association Board of Directors, the Board discussed the JPA-. Joining the+discussion were members of the Board of Supervisors, the Library Commission, the City Managers Association, and others: There was agreement that the Library JPA should be reviewed and revised, as it has:not been amended since it was adopted. Such a reviewand update is also necessary due to issues that have arisen where clarity and revision of the JPA agreement would have,beenybeneficial, and because the way that local governments deliver services,,revenue structures and community expectations and needs have all changed since 1975. It was noted the current structure does not provide equal voice to each_member, and it was proposed that a review should include a representative‘of each:member agency, on a ten-member ad-hoc review committee.; It was agreed, so.that each signatory to the agreement could be best represented, each could appoint their:Mayor or a membereof the Council, their City Manager, their liaison to the local Advisory Board,or a Library Commissioner as a representative,and that each agency could also appoint an alternate. It was also agreed that the Library Commission should be represented, bringing ad-hoc committee.membership to eleven (11). The group is expected to conclude`.its.review within the;next several months, most likely sometime after the beginning of the new calendar year. It is recommended,thatthe'City Council appoint a representative and'an alternate.to'the ad-hoc committee. As one:of two cities'with an appointed representativeon the Library Commission, the Council may wisfi#o appoint Mr. Tim May, the:City's,appointee to the ad-hoc committee: Mr: May has the advantage of having;been directly involved in decisions affecting=the Library, operations and has been representing the City's interests with respect to the,JPA since:his appointment,to'the,Library,Commission. The Council could also appoint:the:Mayor or another member of the City Council oreselect its liaison to the Library Advisory'Board, Councilinember Barrett, to onerof the positions. As well, Lam happy to 'serve in either;capacity if requested or can delegate that responsibility to+the=Assistant City Manager, who is periodically involved with matters concerningthe,Petaluma library'branch. The County requested this matter be addressed hy.member agencies'by the thirdweekrof September. Accordingly, it is placed for City Council action on,,your agenda=for September 10, 2012. The attached resolution'was.prePared to appoint a representative and,an.alternate, as CounciI chooses. FINANCIAL IMPACTS The onlyforeseeable• financial'impactassociated with the recomniended;action is staff and legal time in support of the City'snrepresentative and/or alternate. There:is no estimate of that time requirement at the present, although this project is expected to be of limited intensity and duration. �1.