HomeMy WebLinkAbout6960 - Joint Powers AgreementRESOLUTION NOn 6960
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
. A JOINT POWERS AGREEMENT BETWEEN THE CITY'OF
NEWPORT BEACH AND ORANGE COUNTY COOPERATIVE
LIBRARY SYSTEM
WHEREAS, by provisions of Chapter 1,5, Division 20 of
Part 4 of the Education Code, State of California, public
libraries in the State of California are encouraged to form
cooperative library systems by entering into written agreements
to implement a plan of joint service for the agency so contract-
ing; and
WHEREAS, the Orange County Public Library, the Yorba
Linda Library District, the Placentia Library District, and the
Huntington Beach Public Library have previously so cooperated
to form the Orange County Cooperative Library System, sometimes
called the Santiago Library System; and
WHEREAS, the Joint Powers Agreement establishing the
Santiago Library System provides for inclusion of additional
members to the System by the unanimous vote of existing members;
and
WHEREAS, the members of the Santiago Library System
have voted unanimously to accept the Newport Beach Public
Library as a member in the Santiago Library System; and
WHEREAS, by joining the Santiago Library System the
Newport Beach Public Library can provide expanded library service
to the citizens of Newport Beach through the specialized
facilities available through other member libraries in the
System, by increasing the number of books available to loan to
citizens of the City of Newport Beach, and by the grant in aid
obtainable from the State and Federal governments which will
make available to the Newport Beach Public Library facilities
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and improvements not otherwise obtainable;
NOW, THEREFORE, BE IT RESOLVED that this Council
authorizes the Newport Beach Public Library to join the Santiago
Library System;
BE IT FURTHER RESOLVED that this Council, as the govern-
ing body for the Newport Beach Public Library adopts and agrees
to be bound by that Joint Powers Agreement, as amended to date,
previously executed by the Orange County Public Library, the
Yorba Linda Library District, the Placentia Library District, and
the Huntington Beach Public Library, a copy of which is attached
hereto and made a part hereof by reference as though set out in
full herein, and the bylaws of the Santiago Library System, a
copy of which is attached hereto and made a part hereof by
reference as though set out in full herein;
BE IT FURTHER RESOLVED that the Mayor and City Clerk
of the City of Newport Beach be and are hereby empowered to execute
the Joint Powers Agreement on behalf of the City of Newport Beach
and the Newport Beach Library District,
ADOPTED this 7 Tw day of ,9PRIR , 19690
Mayor
ATTEST:
N �e
-c-ity_ c lerit j
7IFIED ANAL
- CITY CLERK OF THRT BEACH
TLW :mh
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JOINT POWERS AGREEMENT
Pursuant to Title 1, Division 7, Chapter 5 of the Government
• Code of the State of California (Sections 6500 to 6513), a Joint
Powers Agreement is hereby entered into between the ORANGE COUNTY
PUBLIC LIBRARY, the PLACENTIA LIBRARY DISTRICT, the YORBA LINDA
LIBRARY DISTRICT, the HUNTINGTON BEACH PUBLIC LIBRARY, and the
NEWPORT BEACH PUBLIC LIBRARY.
R E C I T A L S
WHEREAS, the State of California has enacted the Public
Library Services Act in order to encourage the development of
free public libraries throughout the State by grants to public
library systems for the purpose of:
(a) Assisting them in establishing, improving and
extending library services; and
(b) Encouraging the establishment of library systems
in areas where such cooperation would facilitate
improved service; and
WHEREAS, the parties to this Agreement are desirous of
establishing a cooperative regional library system to be known as
the ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM for the purpose of
improving and extending library service to all residents of these
Library Districts by closer cooperation among their respective
libraries, and in order to obtain the benefits of such a system
as provided by law on such terms and conditions as hereinafter
follow;
NOW, THEREFORE, pursuant to the provisions of the California
Education Code, Division 20, Chapter 1.5, comprising Sections
• 27111 to 27147, the parties hereby form the ORANGE COUNTY COOPERA-
TIVE LIBRARY SYSTEM.
The obligations and conditions that hereinafter follow are
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contingent upon approval by the State Librarian of the plan of
library service which has been submitted by the member libraries.
1. POWER OF SYSTEM. The ORANGE COUNTY COOPERATIVE
•
LIBRARY SYSTEM shall
have all the powers,
prerogatives, and
authority necessary
to effectively plan,
operate and administer
a public library system and to establish, improve and extend
library services within the geographic boundaries of the SYSTEM.
It shall plan and determine the use to be made of any funds
received by the SYSTEM from any source and may expend such funds
in accordance with such plans and determinations. The System
Council, or such administrative officer as it may from time to
time appoint, may administer and exercise this power pursuant to
the rules and regulations as adopted in the manner set out here-
after.
2. GOVERNING BODY OF SYSTEM. The ORANGE COUNTY COOPERATIVE
LIBRARY SYSTEM will be administered by a Council consisting of
the Head Librarian of each member library or such other person as
has been designated by the governing board of that library.
Governing boards or Council members may designate alternates to
sit, deliberate and act in the absence of the appointed Council
member. The Council will elect one of its members as President,
who shall hold office for a one -year term. Said term shall be
for the operating year. The President, or his designated alter-
nate, shall preside over all meetings of the Council. The Council
shall draw up rules and regulations from time to time as they deem
advisable; however, such rules and regulations shall not be valid
until they have been ratified by the governing board of each
member library. Proposed rules and regulations will be adopted by
• a majority vote of the System Council as constituted at the time
and submitted to the governing boards for ratification. Every
official action taken by the System Council shall be affirmed by
a formal vote of the members of the Council. Minutes shall be
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kept of its meetings. Copies of the minutes of each meeting shall
be transmitted to the governing board of each member library
within five days of the meeting. A journal shall be maintained
• recording official acts taken.
3. SOURCE OF SYSTEM FUNDS. The SYSTEM shall expend for
SYSTEM purposes such monies as may be received from: (1) the
State of California pursuant to Article 6, Chapter 15, Division
20, Part 4 of the California Education Code or such other grants
or appropriations as may be made; (2) the Federal Government
pursuant to any program related to library purposes; (3) private
or public foundations, organizations, corporations, companies,
unions, or associations; (4) private individuals by gift, devise
or bequest. The SYSTEM is empowered and authorized to make any
applications and /or agreements necessary to be or become eligible
for such financial support, except that such applications or
agreements shall not impose conditions of the type prohibited by
Education Code Section 27121, or the rules and regulations pre-
viously adopted by the SYSTEM pursuant to Clause 2.
4. OWNERSHIP OF SYSTEM- PURCHASED ITEMS. Ownership of
items purchased with SYSTEM funds shall be in the SYSTEM or in
member libraries as the System Council may in each instance
determine. Such determinations shall be made at the time of
purchase.
5. OPERATING EXPENSES OF SYSTEM. The System Council may
authorize the payment of necessary SYSTEM salaries and expenses
from SYSTEM funds. The System Council may periodically authorize
the transfer of SYSTEM funds in such amounts as to them seem
advisable, to the ORANGE COUNTY PUBLIC LIBRARY to defray the
estimated cost of purchases of materials and supplies to be made
• for the benefit of SYSTEM during the following period by the said
ORANGE COUNTY PUBLIC LIBRARY, acting in its role as fiscal agent
of SYSTEM.
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•
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6. ACCOUNTING FOR FUNDS. All funds received and disbursed
by the SYSTEM shall be strictly accounted for, according to
accepted procedures and practices for governmental entities.
7. FISCAL AGENT. The ORANGE COUNTY PUBLIC LIBRARY will
perform the following services:
(a) Act as contracting agency with the State of
California for the receipt, disbursement and accounting of such
funds as may be allocated by the State government, Federal
government, or private sources for SYSTEM use.
(b) Issue reports of receipts and disbursements and
accounting of funds, or shall do so on demand of any member
library.
(c) Act as the contracting officer for the SYSTEM
for the ordering and requisition of books, materials and supplies
required for the effective and efficient operation of the SYSTEM.
8. ADMINISTRATION OF MEMBER LIBRARIES. The member
libraries shall administer their own public libraries independently,
selecting their own books, hiring their own personnel, and operating
according to the policies and rules established by their own
governing bodies.
9. ADDITIONAL MEMBERS. Other public libraries may apply
for membership in the ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM,
provided they meet the requirements for SYSTEM membership as
established by the California State Library and by the laws of
the State of California. Applicants will be considered for SYSTEM
membership if their application is approved by a majority of the
System Council. Approved applications will be submitted to the
governing board of each member library. Membership will be granted
upon approval of the governing board of each member library.
10. WITHDRAWAL OF A MEMBER. Any member library may with-
draw from the ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM by serving
formal written notice of its intent to so withdraw at least one
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hundred and twenty (120) days prior to the end of the operating
year. The SYSTEM shall continue to exist so long as there are
two member libraries, provided that these two meet the require-
ments of SYSTEM membership. Libraries which withdraw are subject
to such rules and regulations governing withdrawal as the System
Council shall beforehand have established.
11. TERMINATION OF SYSTEM. This library system may be
terminated at any time by resolutions of the governing boards
of all of the members in this SYSTEM at the time termination is
voted. A decision to terminate shall become effective whenever
designated in the termination agreement. Upon termination, all
just claims against the SYSTEM shall be paid, distribution made to
the State and Federal governments as required by applicable law,
and the remaining assets distributed among all parties who are
then members of the SYSTEM in proportion to the population of
each member in relation to the total population in the SYSTEM.
12. FISCAL AND OPERATING YEAR. The fiscal year and the
operating year of the SYSTEM shall be the same, and shall commence
July 1st of each year.
13. AMENDMENT. Until such time as there are six or more
member libraries, this agreement may only be amended by the action
of all the respective governing bodies constituting this SYSTEM;
whenever there are six or more members constituting the SYSTEM,
this agreement may be amended by the action of two - thirds (2/3)
of the governing bodies constituting this SYSTEM.
14. EFFECTIVE DATE. The effective date of this Agreement
is APRIL 7 14&J
•
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• The attached Joint Powers Agreement forming the ORANGE
COUNTY COOPERATIVE LIBRARY SYSTEM is hereby executed by the
Newport Beach City Council, acting under and pursuant to
Resolution No. 6f(o , dated the 77-,q day of April, 1969,
authorizing said execution this 97/! day of April, 1969.
ATTEST:
ty er c
APPROVED AS TO FORM:
City Attorney
•
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♦. ..
ORAiv COUNTY COMRAfiIVE I,IBR!►Rt BYBTI,;M'
RULES AND PROCEDURES
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I - MEETINGS
Meetings will be hold at the Orange County Public Library unless
place of meeting is otherwise set by the System Council. Id�3.;;;
. .....,.:; :.
Mootings will be hold at least onoo a month, and a schedule of
bi- weekly meetings on the first and third Thursdays 'of each month:+', F....�:;
will.be followed until revised by a majority vote of the System
,1::.;;:_
Council. ; 4,
Any member may call for a special meeting by contacting the
President and stating the purpose.
•,:. "'The 'President will notify members of regular meetings at least
three (3) days prior to the meeting, and of special meetings at
least 24 hours in advance of the agenda' proposed. If a member
cannot attend or send a representative, the President must be
notified at least one day prior to the meeting. :.,..,c•.c ;: -.
Minutes of each meeting• will be prepared by directive of the
President and sent to each member, governing board, and other '';•;''''
designees within five (5) days after the meeting..;•' "'•�;
Meetings will be held pursuant to.the.Ralph Me'. as`set:' `-
• :•forth in the Oalif ornia 'Government Oode...;L
II - QUORUM . r t .•'
A majority of the total yoting.membere of the Oounoil
1 " ' comprise the, quorum. - :•:� .4 �: r ';a. ;' ,-
.'No meetings will be held unless a quorum is present.; ~• ;' �. `.';
J.
:,•
f.:'!...:•. III - VOTING
•'fS:
The vote will be cast by the librarian or such other person as has
been designated by the governing Board of the member libraries, or
.:;`;` ` by the representative. aobredited to the president by said librarian. r ~:
A simple majority of the.quorum is required to enaot any business +
�'of the system unless otherwise„ stated in the Rules and Prooedures.
I `j,• .A two - thirds majority.': vote of the membership is. required fore
adopting'the budget and amending the •Rules and Prooedures.l,
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- , e ._•, :I J: a• %Y rt r ~' I{r JM �`y I•r },� r.5 JLI a °! iltJ, 4r. f ,1'I' JYI,r`
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•.r r i9,iY, ,.'I I al, :.j �•,1 •)j: ,�\ •:.,.Jq, •.J rY %•'a4 Ya,.•C. J!:'.a:. "'\ y \vJ;
. ..__... _ .... .. .. ..'.: I r •'1.': 3 :.. 4JI r .• r,.4 yr'��''L'.i. , .J.l, .. "r .. ",.. � _�•.
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IV PRESIDING OFFICER
`'The e System Countil will elect one of its members President irl'.
the first regular meeting of C the operating (fiscal) year.• The
President' a term shall be one year, and he shall preside at
Council meetings until his successor is elected in the first t%',
meeting in July of. the following year. -
The President may also'appoiht committees Who will Stu dy and
report to the'Sy6tem Council on apeoifio programs*
V AMENDMENTS
Amendments a s may be*proposed at am
and additions to these rules
regular.or,special meeting. Such amendments will be published
in the minutes, voted on at the following meeting, and submitted."
to the. joverning board of each agency for ratifioationg pursuant"i.
to the oint; Powers Agreement.
VI BUDGET AND ACCOUNTING
The Sy stem. Budgot for the use of System funds is to be drawn up
and adopted by the System Council prior to roqueating annual
grants from the State; to be reviewed and modified, if necessary,
after exact amount available is made known by the State.
The fiscal operating year shall be from July I through June 30
The Orange Count 7 Treasury will-be designated the Depository for..,
the System funds, and the County Treasurer as Treasurer .for the--;;
System
ti r
The Orange County Aiiditor-Controllor will be designated the
:"-Auditor for the System and will establish a*fund and maintain
appropriate records for the System.
Internal accounting procedures will be adopted after consultatiox
-with the designated auditor, and will b6 designed .to insure oom-
patibility with ,established 'accounting practises in, use by hime-
All bills will be approved by a'majority vote of the
System
and d certified by the Council President and Fisoal Offioex
before they are submitted to the County,;Auditor for,
ent N
As Fiscal Agent, the Oranga:Oounty P%6 `L
1W ibrary.:will* perform -
following servioeal
--j
mot.
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'55
Act as a contracting agency with the State of
California for the receipt, disbursement and
accounting of such funds as may be allocated
by the State government, Federal government, or
private sources for System use, pursuant to the
Joint Powers Agreement.
2.. Issue quarterly reports of receipts and disburse
ments and accounting of funds, or shall do so on
demand, of any member library.
3:, .Prepare reports required by the State of
California, and submit these reports to the
System Council for approval.
4. Act as the contracting officer for the System "
for ordering and requisitioning of the books,
materials and supplies required for the effi-
cient and effective operation.of the System.
Wherever possible, to attain economy and effi -
ciency of operation, established procedures
internal to the ORANGE COUNTY 'PUBLIC LIBRARY
will be utilized."
Quarterly (semi - annually) a sum equal to the estimated expenditures
to be made through 'the procedures of the ORANGE COUNTY PUBLIC LIBRARY'
will be transferred to "id LIBRARY to provide.a fund for the reim-
bursement of amounts paid out of ORANGE COUNTY PUBLIC LIBRARY funds ..
in behalf of the System.
VII - PERSONNEL
The System Council may contract for professional services, as
required.
The System Council may from time to time employ personnel, either
permanent or in an extra help classification; to perform obligations
of the 'Plan of Service, as may be decided by the System Council. Any
1 personnel hired for these duties will be processed through the Orange
County Personnel Department and will be covered by an Orange County
Personnel item number and appropriate insurance and liability policies.
All wages and fringe benefits that will accrue under the Orange County;
Personnel Resolution will.be ,paid, for by the System.
VIII - PURCHASING
All purchases made by the Orange County Cooperative Library System
will be transacted by and through the Orange County Purchasing
a Department in accordance'with their standard.rules and procedures..