HomeMy WebLinkAboutStaff Report 4.B 1/6/2014 A gentacv Itemi#4.3
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DATE: January 6, 2014
TO: Honorable Mayor and Members of the City Council
FROM: John C. Brown, City Manager
SUBJECT: Sonoma County Library Joint Powers Agreement
RECOMMENDATION
It is recommended that the.City Council determine its policy related to proposed amendments to
the Sonoma County Library Joint Powers Agreement, and provide direction to staff as
appropriate.
BACKGROUND
The Sonoma County Library was established in 1975 with a Joint Powers Agreement (JPA).
JPA membership consists of the County of Sonoma, and the Cities of Healdsburg, Petaluma,
Santa Rosa, and Sonoma. A seven member Library Commission (the Commission) governs the
Library. Five of the seven members are appointed by the County Board of Supervisors (the
Board); the Cities of Petaluma and Santa Rosa have one representative each. Both cities have
seats on the Commission due to having had libraries that were brought into the new system in
1975. Today there are library branches in most of the cities in Sonoma County, but only the
aforementioned entities can vote on amendments to the JPA. Changes must be approved
unanimously, to become effective.
In 2012, the Board approached the Sonoma County Mayors' and Councilmembers' Association
and asked to initiate a review of the Joint Powers Agreement due to challenges at the Library and
changes in demographics, technology, and finances since 1975. The cities agreed to participate
in the review with the Commission and the Board, and formed the Sonoma County Library JPA
Review Advisory Committee (the Committee).
The Committee has been meeting since October 2012, solicited input from library advocates,
staff, managers, and the Library Advisory Boards (LABs) for each branch, and conducted
significant outreach. Based on that work, the Committee developed proposed revisions to the
JPA. Proposed revisions were circulated in September 2013 to the Board and each City Council
for comment. The Petaluma City Council received a presentation on the draft amendments from
County staff on October 7, 2013. The Council's comments were provided to the Committee on
October 22, 2013 (Attachment 1), prior to the Committee's requested November 1, 2013
deadline.
Agenda Review:
City Attome Finance Director City Manager
Your Council expressed the strongest concerns with two sections of the proposed JPA,
"Membership", and "Service, Resources, and Facilities", and commented on provisions
contained in the "Governance" section. The Council's strongest concerns were associated with
the number of votes granted to each jurisdiction, and with the "equity" issues raised by local
fundraising. In the first instance, the Council felt that each member jurisdiction should have only
one vote, rather than granting two votes each to the County and to the City of Santa Rosa. In the
second instance, the Council felt that allowing hours and staffing to be expanded in those
communities capable of raising sufficient funds to do so can result in inequities; the communities
with less resources will have less access to services, while the communities with more resources
will have more access.
The Committee reviewed the concerns of all respondents on November 18, 2013, which resulted
in a revised draft of the JPA amendments (Attachment 2).
DISCUSSION
The Advisory Committee recommends the Amended JPA retain and enhance the most valuable
features of the current Agreement. This includes one countywide system; dedicating the current
portion of property taxes to the Library; retaining the Library as an independent government
organization; and continuing to have Library Advisory Boards in each community. The
Advisory Committee also recommends a number of changes to the existing JPA. These include:
• Expanding membership to include every city in the County so that all jurisdictions have a
role in decision-making, and each member has one vote on a new Library Commission;
• Removing the Board of Supervisors from the role of providing final budget approval,
giving the Library Commission complete budget and employment authority;
• Making explicit the Library's authority to levy taxes with a 2/3 vote of the entire Library
Commission, in addition to all other legal requirements that must be met for a tax
increase;
• Requiring approval from the relevant jurisdiction before exercising powers of eminent
domain;
• Requiring leases for all buildings not owned by the Library;
• Requiring an equal number of core hours;
• Allowing local communities to fund additional hours, with restrictions including (a)
approval of 2/3 of the Library Commission, (b) that there is no adverse impact on any
branch or the Library system. and (c) that any additional hours are available to all users.
(The Committee also recommends that the new Commission establish additional
thresholds, such as requiring at least two years' worth of funding be available before
adding hours);
• Providing an appeals process for the Library Director's decisions on key issues such as
collections and facilities;
• Requiring a strategic plan at least once every ten years;
• Increasing the role for the LABs including a designated liaison and annual reports from
each LAB to the Commission; and
• Requiring a review of the JPA every ten years.
2
The draft Amended JPA provides for one vote per jurisdiction, which is consistent with your
Council's stated preferences. The Board of Supervisors considered the draft amendments at a
recent December meeting, and continues to oppose this provision. The Board strongly prefers
two votes for the County.
The Committee proposes a 2/3 vote of the Commission to approve community-funded hours as a
compromise between those cities who support the option and those that do not. This change is
incorporated in the revised JPA, but does not reflect the unanimous agreement of the entire
Committee. Nor is it consistent with your Council's stated preference that equity of access be
maintained throughout the Library system.
The Advisory Committee has asked the County and the cities to review and approve the
Agreement in December or January. As noted, the Board of Supervisors reviewed the
Committee's most recent recommendations earlier this month and voted unanimously to remove
the provision allowing for community funded hours. As well, the Supervisor's vote reaffirmed
their desire for two seats on the Commission and expressed a willingness to leave flexible the
option for Santa Rosa to have two seats on the Commission. The City of Healdsburg also
reviewed the Committee's recommendations, and is opposed to the 2/3's revision regarding
community-funded hours (Attachment 3). As one of the original members of the JPA,
I-Iealdsburg's approval is required for any JPA amendments (as is Petaluma's).
Your Council is now asked to approve the draft Amended Agreement, as presented in
Attachment 2. The Council can exercise that option. In the alternative, the Council can notify,
as did the City of Healdsburg and the County Board, the Committee of any issues Petaluma may
still have with the document. If an Agreement is approved, the Committee will draw lots to
determine the initial terms of Commission members (two or four years). It would also be the
Committee's intent to change the effective date of the amended Agreement from February 1,
2014 to a later date, if needed.
FINANCIAL IMPACTS
None estimated at this time.
ATTACHMENTS
1. Council comments to Draft J PA
2. Draft Amended JPA
3. Iealdsburg letter regarding community funded hours
3
...cc.p,LU4t ATTACHMENT 1
� �� CITY OF PETALUMA
\ll Posr OFFI Box 61
18 5S PETAi uMA, CA CE 949 3-0061
David Glass
Mayor
Chris Albertson
Teresa Barrett October 22. 2013
Mike Harris - —
Mike Healy
Gabe Kearney
Kathy Miller
Councilwcmhers
Mr. Don Schwartz, Administrative Analyst III
Sonoma County Administrator's Office
575 Administration Drive, Suite 104A
Santa Rosa, CA 95403
Dear Mr. Schwartz:
Thank you again for your presentation to the Petaluma City Council on October 7,
2013,regarding the Sonoma County Library Draft Amended Joint Powers
Agreement. .
As you are aware from the Council's conversation during and following your
City Manager's Office presentation; Council members had concerns in two areas of the Draft Amended
11 cngri.shsmear Agreement, and with comments provided by members of the eovemino
Petah;ma. CA 94952 P }' o bodies of
• other member jurisdictions regarding governance structure. This letter is to provide
Phone(7071 778-4345 the Petaluma City Council's comments recardin their concerns to the Review
Fax(707) 778-4419 g
E-Mail: Advisory Committee prior to your requested November 1. 2013 deadline.
cirvmeriami.petalumacc.us
With respect to language that would allow a community to utilize locally raised
funds to staff additional library hours in that community only, the City Council feels.
Economic Development as do the members of the Petaluma Library Advisory Board, that this presents an
Phone(707)778-4549 -equity' issue. Some communities will have particularly effective fundraising
Fas.(707) 7784586
functions, or populations of sufficient size to fund these additional hours_ while
Housing Division others will not. Over time, this could result in inequity of access to services: those
Phone(707) 778-4555 communities with the least means will have less access to services while those with
Fax(07)778-4586 more will have More. Related to this concern is the instability any additional hours,
and in particular staffing that may he added through fundraising efforts can create.
Human Resources Division This instability will no doubt result p
lt in complications in labor relations, and certainly
Phone(707) 778-4534
Fax(70 7) 778-4539 affect the job security of any positions added from fund-raising sources. One of the
main purposes of the JPA is to provide consistent and equal services to member
lnformadnn Technology Division libraries throughout the County. Fundraising efforts should be limited to
Phone!70 71 778-441 7
Fax(7073776-5623 Improvements to capital facilities, or directed to materials equipment and
furnishings.
Risk Management Division
Phone(71171776-3695
Fax(70 7) 776-3697
Cr
While Council members may differ by degree with the strength of conviction on this
issue, it is accurate to say there is unanimity on the part of the Council with respect
to this position. The Council also has concerns with provisions of the Draft that
appear to provide the JPA with taxing authority that it currently does not, and should
not have. Any effort to increase the Library System's tax base should be based on
actions of each member jurisdiction, not the JPA Board; the results of those votes
should be unanimous, and of course, must then be approved by the voters.
With respect to the comments provided by other elected bodies regarding governance
structure, in the first instance, that the County and the City of Santa Rosa should
have more than one vote each, the Petaluma City Council respectfully disagrees.
Each member jurisdiction should have one vote. In the second instance, that
representatives on the JPA board should be elected officials, the City Council also
disagrees. The language of the WA is currently silent on this point; it should be left
to each of the members to decide who will best represent their interests.
On the whole, as you heard, the City Council is enthusiastic about the progress that
has been made thus far on the Draft JPA, and is looking forward to a successful
conclusion to this project.
Thank you for the opportunity to comment. If you have any questions regarding this
letter, please do not hesitate to contact me at (707) 778-4345.
Sincerely,
John C. Brown
City Manager
cc: Petaluma Cite Council
Tim'May. I Grossland Way, Petaluma, CA 94952
ATTACHMENT 2
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 ("Agreement") is made and entered
into pursuant to the provisions of Title I, Division 7, Chapter 5, Article I (Sections 6500 et seq.)
of the California Government Code relating to the joint exercise of powers among the Parties
hereto, and amends the original Joint Powers Agreement dated January 27, 1975 (the "Original
Agreement").
RECITALS
A. In the Original Agreement, the County of Sonoma and 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"WA Act") named the Sonoma County
Library, which was established for the purpose 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 countyfree 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 services to the public in the County of Sonoma, providing community education
and literacy services, 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 County of Sonoma, and
to amend the Original Agreement with respect to the terms and provisions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration 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 to matters relating to membership, governance,
administration, and operations of the Sonoma County Library ("Library"), a JPA Act entity. The
terms and provisions of this Agreement replace the Original Agreement in its entirety. Unless
expressly stated herein, this Agreement does not affect any of the Library's contracts, debts,
revenues, claims, obligations, policies, procedures, or bylaws that pre-date this Agreement,
which will continue to remain in full force and effect in accordance with their terms and/or
applicable law.
vet. 11-2045 I_
VJ
B. Continuation of the Sonoma County Library as a JPA Act Public Entity. The
parties to the Original 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. It is 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 administering the 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.
IL POWERS
A. General Powers. The Library shall have the powers common to the Parties to this
Agreement that are necessary or convenient to the operation of the free public library system 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, the following:
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. To acquire, construct, manage, maintain and operate any 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. To issue revenue bonds and other forms of indebtedness:
ver. 1 t-20-13
I
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:apply for, accept, and receive all permits, grants, loans, or other aids
from any federal, state, or local public agency;
10. To receive and administer trusts, gifts, contributions, and bequests, as well
as receive donations ofproperty, funds, services and other forms of financial assistance, from
any person, entity, or agency;
11. To:sue;and be sued in its own name;
12, To promulgate, adopt, and enforce any ordinances, policies, rules and
regulations as may be necessary and proper to implement and effectuate the terms, provisions,
and purposes of this Agreement; and.
13. To exercise all powers reasonable or necessary to accomplish the
foregoing.
C. Eminent Domain.The Library shall not have the 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 any eminent domain issues for 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, Petaluia, and Sonoma).have
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 herein.
ver. 11-20-13
B. Membership Eligibility. After the�Effective Date of this Agreement, other
incorporated cities within the geographic boundaries of theCounty olSonoma may-also.become
Members of the Library. To become a Member, the governing body of a city must: (I) approve
of and request membership in writing; (2)execute this Agreement; and (3) present such
documents to the Library Commission. Admission of a new Member under this provision shall
not require this Agreement to be modified or amended.
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: (I) are eligible to join the Library as a Member
pursuant to the provisions of this Agreement; (2) havesigned 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 Board ("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 comply with the provisions of the Ralph M. Brown Act, California
Government Code Section 54950, 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 recommendations to the Commission and the Library Director on matters affecting library
service based on+input from their respective service areas.
C. LAB Liaisons. Each LAB may appoint one LAB member to act as a liaison to 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 meeting
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 forth in this Agreement and applicable law to accomplish-the`purposes
of the Library. Specific responsibilities of the Commission are as follows:
I. Provide structure and 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;
ver. 11-20-13
• 3. Ensure strict accountability of all funds and reports of all receipts and
disbursements;
4. Identify and pursue additional funding sources for the Library;
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 which addresses existing and proposed new
facilities, operations, technology, and budget, at least once every ten years;
7. Adopt a facilities maintenance plan at least once every three years, and
revise it as necessary;
8. Contract for, employ or otherwise engage sufficient administrative,
technical, support and other staff, consultants and contractors, and provide for necessary
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. Adopt personnel rules and regulations;
I I. 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. Adopt a conflict of interest code, as required by law;
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 ten years to determine its continuing
effectiveness, and present written findings to Members; and
16. Discharge other duties consistent with the purposes of this Agreement as
appropriate or required by statute.
B. Commissioners Appointedby.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 must be Sonoma County residents, and shall be
appointed and serve pursuant to the rules of appointment adopted by each Member's governing
body.
Each Commissioner shall he appointed to serve for a term of four years;
provided, however, that 1/2 of the number of Commissioners initially appointed (as chosen by
lots) shall serve for an initial term of two years, though all subsequent appointments shall be for
a term of four years. There is no limit on the number of terms a Commissioner may serve.
ver. I I-20-1 3
to
2. Initial appointments''to,the,Commission by Members shall become
effective on the Effective Date, or immediately after a city first becomes a Member of the
Library, whichever is later.
3. If a Member'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 60
days of the date on which such position became vacant.
4. Commissioners newly appointed 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 `shall appoint a Secretary
and/or Clerk(who need not be Commissioners) to be responsible forkeeping the minutes,of all
meetings Of the Commission and posting agendas.
D. Reimbursement of Expenses. Commissioners shall serve without compensation,
but may be paid actual expenses.incurred in the performance Of their 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 Commission shall hold its regular meetings on a monthly
basis pursuant to a meeting schedule, but may reschedule or dispense 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 shall be
noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act,
California Government Code Section 54950, et seq. As soon as.practicable, but no laterthan.the,
time of posting, the Secretary or Clerk shall provide a copy of the posted agenda'toieach Member
and Commissioner. Commissioners may attend meetings remotely (via telephone, video
iconferencing, etc.) with full voting rights, to the extent practicable and as 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 draftminutes available to
each Commissioner, the Members, and other interested parties upon request. The Commission.
shall consider the minutes at the next regularly scheduled meeting for approval.
E. Quorum. A majority 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.
vet. 11-20-13
If there is less than a quorum present at a meeting, no Commission action can be taken, and the
meeting may be adjourned.
F. Voting. All voting power of the Library shall reside in the Commission. Each
Commissioner shall have one vote. No absentee 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 of all duly-appointed Commissioners is
required for those actions expressly identified in Section VI.A.5 of this Agreement, and a vote of
at least a quorum of all duly-appointed Commissioners is required for any ofthe.following
actions: (1) approval of the budget; (2) approval of collective bargaining agreements; (3)
approval of new regional branch libraries; (4)decisions to incur debts from public orprivate
lending sources that do not otherwise require a 2/3 vote; and (5) adoption orrevision of bylaws.
VIII. OFFICERS, COMMITTEES, AND LIAISONS
A. Library Director. The Commission shall appointa,Lib'rary 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 shaliserve at the pleasure of
the Commission. The Library Director shall be responsible for the day-to-day operation,
administration, and management of the Library, and shall perform duties as assigned by the
Commission and specified in this 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 be purchased.
2. The Library Director shall have the power to employ staff, consultants and
independent contractors as may be necessary to carry out the purposes of this Agreement, subject
to the polices, rules and regulations set by the Commission.
3. The Library Director is authorized to make payments for the Library under
any contract or agreement previously approved by the Commission where the payments are
identified therein. The Commission may also, by resolution, authorize the Library.Director to
pay claims of the Library which do not exceed amounts identified in the resolution.
4. The Library Director shall apply for and,_with the approval of the
Commission, accept and administer grants and subventions from outside funding sources, both
public and private.
5. The Library Director shall prepare and file all notices with the Secretary of
State as required by Government Code Sections 6503.5, et seq., and shall ber responsible for
preparing and filing any other notices required by law.
6. The Library Director is the custodian of Library property and, pursuant to
Government Code Section 6505.1, is required to file an official bond in an amount set by the
Commission or as otherwise required by law.
ver. 1 1-20-13
12(
7. Decisions of the Library Director,:regarding policies, facilities, and
materials may be appealed to the Commission pursuant to criteria and procedures established in
its bylaws.
B. Chief Financial Officer. The Library Director shall appoint a person, firm or
entity to act as the Chief Financial Officer to the Library. The Chief.Financial Officer 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 Director.
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 other person or entity as the law may
provide at the time (see e.g.,Government Code Section 6505.5). The-Commission shall cause an
independent annual audit 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, firm or entity to act as
general legal counsel to the Library.
E. Committees. The Commission may establish any advisory committees it deems
appropriate to assist it in carrying out its functions, including both standing and ad hoc
committees.
F. Liaisons. The Commission may appoint liaisons to the Commission as it deems
appropriate to assist it in carrying out its functions, and to assist with outreach to school districts
and other community institutions. In addition, each LAB may appoint one LAB member to act
as a liaison to the Commission, per Section V.0 of this Agreement.
IX. LIBRARY BUDGET, TAX LEVIES AND REPORTING
A. Budget Requirements. The Library shall operate only under an approved and
balanced budget, which must be reviewed, adopted, and/or revised.by the Commission each
Fiscal Year. The Commission may revise an adopted budget as may be reasonably necessary to
address contingencies, and unexpected 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
Officer. 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 respect to the budget.
C. Tax Levies. The County of Sonoma (and any other Member as applicable)shall
continue to annually levy, in the same manner and at the same time as other similar taxes are
levied, and in addition to all other taxes, the tax upon all property to maintain and improve the
ver. 1 1-20-13
l3
Library system. Such library tax revenues shall be deposited with the Library's Treasurer; and
paid out for the purposes authorized by this Agreement.
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 onithe
condition of the Library. The Library 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 shall be 12 months commencing July 1 and
ending June 30.
X. SERVICES, RESOURCES, AND FACILITIES
A. Services. It is the intention of the Parties that the services the Library presently
offers to the public be continued at or above current levels in all of its regional branch libraries.
Such services include, but are not limited to, the size and quality 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 to hours of operation, an equitable distribution Of resources
requires that all regional branch libraries be 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 to 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 as prohibiting a Member,
person, or other entity from providing additional funding to a particular regional branch library
for the purpose of allowing an increase in the baseline hours of operation; provided, however,
that access to any such increased hours of operation at a'particular branch must be made be
available to all Sonoma County residents. The Commission shall develop policies and
procedures in its bylaws to establish conditions for reviewing and granting any such requests.to.
increase hours of operation, and must approve of all such requests prior to implementation by a
vote of at least 2/3 of all duly-appointed Commissioners. The Commission's bylaws shalt
require the requesting party to address the impacts of a request on the operation of the particular
branch as well as the Library system-wide, including but not limited'to affects on personnel and
administration. The Commission may approve such requests only if they will not have an
adverse impact on the operation or administration of any regional branch library or the Library
system-wide, and only if they satisfy minimum threshold requirements to be established by the
Commission (such as requiring upfront payment of 24 months of all operating costs associated
with the increase in hours).
vet. I 1-20-13 ,I'
C. Facilities. All facilities used or operated by.the'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, or intends to operate, a regional branch or rural station-library,
unless the facility is owned by the Library. The Commission shall establish lease agreement
standards and requirements in its bylaws, and shall approve Library leases that are consistent
therewith.
•
2. The Library and Members who own libraryfacilities,fshall work together
to plan for the provision and payment of capital improvements and capital to facilities
operated by the Library, including but not limited to major repair and replacement.of building
structures, HVAC systems, plumbing, roofing, ADA improvements,,and other structural
elements or external features such as parking lots.
3. Any temporary or permanent relocation‘of"a regionahbranch library shall.
be mutually agreed upon by the Library and the Member(s)owning the subject library'facility or
facilities.
a. Notwithstanding the foregoing, in°consideration:of its unique'and
important role in the provision of county-wide library services, the Library,,shall continue to have
the exclusive occupancy arid control of the Central Library building'and.'grotinds in Santa'Rosa,
California, subject to a written lease. The Library has previously paid the.City of Santa,Rosa
approximately $1,355,895 to allow it to retire its outstanding bonded indebtedness for which'the
City was liable on account of the Central Library building. Upon retirement of such'.
indebtedness, the City of Santa Rosa has agreed to allow the Library to continue to occupy and
control it without further debt service from the Library.
b. In the event the City of Santa Rosa withdraws;from the Library,
and provided the County of Sonoma continues to be a Member of the.Library, the Library shall
have the right to lease such portions of the Central Library building as are essential.for the
operation of the County library, under terms which are mutually-agreea ble=to the Library the
City of Santa Rosa.
4. Members shall obtain the prior written approval;of the'Commission'With
respect to any proposed new library branches and any expansion/remodeling of:existing library
branches; including approval of plans and specifications. With respect to any library facility
owned by a Member, the Commission shall not unreasonably withhold its approval'of
modifications proposed by that Member if they are required by state or federal law. Any
architects retained by a Member for such purposes shall consult with'the Library-Directoras
often as the latter deems necessary to the proper exercise of his/her responsibilities:
XI. TERMINATION AND WITHDRAWAL
A. Mutual Termination. This Agreement may be terminated`only:.bythetmutual
agreement of all of the Parties; withdrawal of all but one of the Parties shah.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 Agreeient, Members shall mutually
agree upon the disposition of Library funds and assets remaining aftersatisfaction°of all of its
ver. 1 1-20-13
debts and obligations. If theMembers are unable to.reachlan,agreement on such disposition, the
Library funds and assets shall be apportionedipursuant to each Member's 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 Individual Members may
withdraw from the Library by complying with all applicable laws and.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 or funds; 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 shall 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.
XII. MISCELLANEOUS'PROVISIONS
A. Privileges and immunities from Liability. All of the privileges and immunities
from liability, applicable to the activities of officers, agents or employees of a public agency
when performing their respective functions, shall apply to the officers, agents or employees of
the Library to the same degree and,extent while performing any of the functions and other duties
of such officers,.agents or 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 Libraryshall be required to obtaininsurance, 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-insurance program 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.
ver. I1-20-13
IW
E. Severability. If one ormore,clause's;sentences;;paragraphs or provisions of this
Agreement shall be held to be unlawful,iinvalid.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 extentpossible.
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;States mail, first class postage prepaid with return receipt requested, or by a
recognized courier service. Notices given (a) personally or by courier service shall be
conclusively deemed received at the 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 be copied 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
written and/or oral,agreements between the Parties with respect to the subject matter of this
Agreement are merged into this Agreement.
H. Execution inCounterparts. 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'agree to and execute this Agreement as of the dates set forth
below.
ver. 11-20-13
1�
ATTACHMENT 3
CITY OF IIEALD,SBURG
ADNIINISTRATION
401 Grove Street
CITY O F :E A L D 5,13 U B G Healdsburg,CA 95448-4723
'' Phone: (707).431-3317
CALIFORNIA .r,�_ .�� p SINCE 1587
Fax: (707)431-3321
7 n 7
Visit us at www.cthealdsburg.ca.us
December 4,2013
Supervisor Mike McGuire
Library JPA Review Advisory Committee
do County Administrator's Office
575 Administration Drive,Suite 104-A
Santa Rosa,CA 95403
Dear Supervisor McGuire:
The City Council of the. City of Healdsburg considers the newly drafted joint powers
agreement acceptable in all provisions except community funding for additional hours and
additional purposes. This provision violates the sense of equality that the library enjoys,
leads to a logistical nightmare and destroys the sense of a library system. If this provision is
included, the Healdsburg City Council will not support the.new JPA.
Sincerely,
Susan E.Jones
Mayor,City of Healdsburg
cc: Don Schwartz