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HomeMy WebLinkAboutReso 1988-13494 RESOLUTION NO. 13494 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO TO PROVIDE LIBRARY SERVICES IN THE MONTGOMERY/OTAY AREA FOR FY 1987-88 AND FY 1988-89 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain agreement between THE CITY OF CHULA VISTA, a municipal corporation, and THE COUNTY OF SAN DIEGO, to provide Library services in the Montgomery/Otay area for FY 1987-88 and FY 1988-89 dated the 5th day of April , 1988, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby ratified. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ': ary~%'~'~ Thomas J. Harron Gi~y Director Attorney 0374a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF t ,_A VISTA, CALIFORNIA, this 5th d~y of. April 19 88 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Malcolm, Cox, Moore NAYES: C0unci l members None ABSTAIN: Councilmembers None Nader ABSENT: Counc i 1 members '~ Chula Vista ATTEST ~ ~' ~ ~" City Cle~k ~ S E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Colifornia, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION N0. 13494 ,and that the some hos not been amended or repealed DATED City Clerk .--- CITY OF LrlULA VISTA CC-660 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO TO PROVIDE LIBRARY SERVICES TO CITIZENS IN THE MONTGOMERY AREA THIS AGREEMENT, is made and entered into this 5th day of April , 1988, by and between the City of Chula Vista, a municipal corporation, hereinafter called "City" and the County of San Diego, a political subdivision, hereinafter call ed "County". WITHESSETH: WHEREAS, the County has maintained two branch libraries in the previously unincorporated Montgomery area, and WHEREAS, the annexation of the previously unincorporated Montgomery area to the City took place on December 31, 1985, and WHEREAS, it is the desire of the City for the County to continue operating these branch libraries from July l, 1987 to June 30, 1989, and WHEREAS, the County operated these branches for the City from January 1, 1986 to June 30, 1987, and WHEREAS, the previously approved negotiated property tax exchange relating to the Montgomery area provides that the library district boundaries do not change upon annexation so that the property tax allocable to the branch libraries shall continue to be received during the term of this contract, and WHEREAS, the operating expenses of the two branch libraries will exceed the property tax by the amount of $53,809 for FY 1987/88 and are estimated to exceed the property tax by the amount of $59,809 for 1988/89. NOW, THEREFORE, the County and the City do hereby agree as follows: 1. The County agrees to maintain the current level of service at the Castle Park and Woodlawn Park branch libraries. This includes maintenance of current leases at 1592 Third Avenue and 115 Spruce Road. 2. The County agrees to pay the utilities at each of the branch libraries. 3. The County agrees to keep the Castle Park branch library open 37 hours per week and the Woodlawn branch library open 17.5 hours per week. 4. The County agrees to keep a book inventory of approximately 10,000 volumes at the Castle Park branch library and approximately 5,000 volumes at the Woodlawn branch library. 5. The County agrees to expend $8,820 for new materials at the Castle Park branch library and $3,870 for new materials at the Woodlawn branch library for FY 1987/88 and FY 1988/89. For FY 1988/89 if Chula Vista desires additional funding for books, over and above the fixed amount assigned by the County Library, they shall be funded by the Chula Vista Public Library and added to the contract amount. 6. The County agrees to the following staffing levels: Castle Park Woodlawn Branch 1 Library Technician II .4375 Library .625 Library Technician I Technician II .475 Page 7. The County agrees to maintain the automated circulation system implemented under the previous contract. 8. The County agrees that it will review with the City any proposed changes in service level for these two branches in preparation for the fiscal year 1987-1988 budget and for FY 1988/89 budget. 9. The City of Chula Vista agrees to pay the County the amount of $53,809 for the above services by May 15, 1988 for FY 1987/88. For FY 1988/89 the City of Chula Vista agrees to pay the County by August 30, 1988, the amount set forth in the City's FY 1988-89 adopted budget for these contract services Icurrently estimated to be $59,809). Such amount is subject to potential pro rata adjustment in the event of early termination pursuant to paragraph 10. The amount requested by the County takes into consideration both Public Library Funds received by the County and Transaction Based Reimbursements received by the City of Chula Vista from the California State Library. ISee Addendum #1 - Letter from Gary Strong dated 2-21-86). 10. The term of this contract shall be from July l, 1987 to June 30, 1989 unless a shorter period is mutually agreed upon by the County and the City. A seven month notification and planned phase out of County Library and phase in of those services by the Chula Vista Public Library may be initiated by either the County or the City. If not modified the final planned phase out of County Library services by the County Library staff will begin January 1, 1989 and a phase in of those services to Chula Vista Public Library by the Chula Vista Library staff during that same period. The County Library shall not remove books or other library materials, furniture, equipment, or reduce the personnel complement during the Chula Vista phase-in period from January 1, 1989 through June 30, 1989. ll. The County agrees that it will indemnify, hold harmless and defend the City of Chula Vista from any and all liability arising from acts of its employees in the performance of this contract. 12. The City of Chula Vista agrees that it will indemnify, hold harmless and defend the County for any liability from acts of its employees in the performance of this contract. -2- 13. In the event a vacancy occurs for the position of branch manager for -- ~ either Castle Park or Woodlawn branches, the County agrees to apply best ' efforts and apprise the City of Chula Vista of these efforts in finding a replacement. If despite best efforts the San Diego County Civil Service System is unable to find replacement branch managers for either Castle Park or Woodlawn branches within two weeks of a vacancy, the branch will be closed until such a position is filled. THE CITY OF CHULA VISTA THE COUNTY OF SAN DIEGO O~ ~uperv~sors erk' ~ ~ A~pro~d andiet a~horized ~ the ~ard of Supmi~m of the ~un~ of ~n Oi~ ~PC 006~ L Cle~'of ~e B~rd of Su~im~ -3- - , ADDENDUM #l CALIFORNIA STATE LIBRARY U~RA~Y--COURT~ EUILOING · P O EOX 2037 · ~ACRA,V,[NTO. CA 95809 TELEPHONE: (9~6l 445-25~ February 21, 1986 Rosemary Lane, Director ~ula Vista B~blic Library 365 F Street Chula Vista, CA 92010 Dear Rosemary: I have received your letter of January 16 regarding the annexation of the bbntgomery Fire District to the City of Chula Vista. So far as this fiscal year's Public Library Fund (PLF) allocations are concerned, those ftmds were paid to libraries according to their eligibility as of October 31, 198S. The funds were totally expended in one payment and no adjust~nent by the state is possible or appropriate for 198S/86. For PIP purposes, if one jurisdiction contracts with another to provide library service to a specific area, the library providing the service must include the population of that service area; it should also show the revenues from that contract for service as part of its appropriation. San Diego County, therefore, would treat the ,~bntgcrnery Fire District residents as if they were residents of San Diego County, since the County provides library service to them. Since neither appropriations nor population can be counted twice, Chula Vista would not include either in its PLF certification. While the PLF law does not specifically address a situation where only part of a jurisdiction is served by contract by another library, Education Code Section 18015 is clear about this for whole jurisdictions being served by contract, and it is my belief that the same definitions apply for the Montgomery Fire District area. Each June I n~,~t by law certify library jurisdiction populations for PLF purposes. I am asstinning that C),,lm Vista and/or the County will be able to furnish me with an agreed upon population figure for the Montgomery residents served by the County. IVe will subtract this figure from the official Deparlnnent of Finance population for Chula Vista and ~HH it to the County Library's service population for this purpose. At some future date, if the contract with San Diego County were revised or terminated so that (Ma Vista provides library service to Montgomery Fire District residents, the conditions would of course be changed. Page 2 Rosemary Lane For California Public Library Services Act (CLSA) purposes, the Administrative Code (Section 20210) is quite clear: the residents of the Montgomery Fire District must be registered as residents of San Diego County. This means that Chula Vista would continue to count loans to ,xlontgomery residents as non-resident loans for the CLSA Transaction Based Reimbursement Program as long as the contract with San Diego is in force. I hope that this answers the questions which have come up as a result of this annexation. Please let me know if you have further questions about this. Sincerely, ary E. Strong California State Librarian cc: Jim Henson C~meron Robertson Catherine Lucas Debra Nliller John Amend