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Home My WebLink AboutReso 1986-12635 RESOLUTION NO. 12635 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BE%WEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO TO PROVIDE LIBRARY SERVICES TO CITIZENS IN THE NEWLY ANNEXED MONTGOMERY AREA 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, a political subdivision, to provide library services to citizens in the newly annexed Montgomery area dated the 22nd day of July , 1986, a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. 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 Rosemary Lane, Libz~ary //~homas J/~arron, Director JCity Att~ney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 22nd doy of Jul ¥ 19 86 , by the following vote, to-wit: AYES: Councilmembers Malcolm, Moore, Campbell, MCCandliss, Cox NAYES: Counci 1 members None ABSTAIN: Counci lmembers None ABSENT: Councilmembers None ~of the City (Jr' Chulo Vista ./~" City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12635 ,and that the some has not been amended or repealed DATED City Clerk CI1 ' OF CHUIA VISTA CC-660 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO TO PROVIDE LIBRARY SERVICES TO CITIZENS IN THE NEWLY ANNEXED MONTGOMERY AREA THIS AGREEMENT, is made and entered into this 22nd day of July, 1986, by and between the City of Chula Vista, a municipal corporation, hereinafter called "City" and the County of San Diego, a political subdivision, hereinafter called "County". WITNESSETH: 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 librarie~s from July l, 1986 to June 30, 1987, and WHEREAS, the County operated these branches for the City from January l, 1986 to June 30, 1986, 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 $b7,552. 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 lO,O00 volumes at the Castle Park branch library and approximately 5,UO0 volumes at the Woodlawn branch library. b. The County agrees to expend $9,800 for new materials at the Castle Park branch library and $4,300 for new materials at the Woodlawn branch library. 6. The County agrees to the following staffing levels: Castle Park Woodlawn Branch 1 Library Technician II .4375 Library Technician II .5 Library Technician I .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 1987-88 budget. 9. The City of Chula Vista agrees to pay the County the amount of $57,552 for the above services by August l, 1986. 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. (See Addendum #1 - Letter from Gary Strong dated 2-21-86). 10. The term of this contract shall be from July l, 1986 to June 3U, 1987. ll. The County agrees that it will indemnify, hold harmless and defend the City of Chula Vista from any and ail 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. THE CITY OF CHULA VISTA THE COUNTY OF SAN DIEGO Mayor of t:~e ~ity of Chula Vista Cl~rkoflche Iq~rO o~ ~~ ATTEST ~.~_.~_~ ~.~ A~preved and/or authorized by the Board ~L~K}'L'("~/'~L~?~)~;~,~ C i ty C 1 e rk ,/ ,1 $,pemsml ~f tile Count~ of ~n Diep / Clerk of the Goard of / - ADDENDUM #1 CALIFORNIA STATE LIBRARY LIBRARY--~COURTS BUILDING · P.O BOX 2037 · SACRAMENTO, CA 95809 TELEPHONE: (916) 445-2585 February 21, 1986 Rosemary Lane, Director Chula Vista Public Library 365 F Street Chula Vista, CA 92010 Dear Rosemary: I have received your letter of January 16 regarding the annexation of the Montgomery Fire District to the City of Chula Vista. So far as this fiscal year's Public Library Fund (PLF) allocations are concerned, those funds were paid to libraries according to their eligibility as of October 31, 1985. The funds were totally expended in one payment and no adjustment by the state is possible or appropriate for 1985/86. For PLF 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 Montgomery Fire District residents as if they were residents of SanDiego Comity, 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 must by law certify library jurisdiction populations for PLF purposes. I am assraning that Chula 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. We will subtract this figure from the official Department of Finance population for Chula Vista and add it to the Comity Library's service population for this purpose. At some future date, if the contract with San Diego County were revised or terminated so that Chula Vista provides library service to Montgomery Fire Distr~ict residents, the conditions would of course be changed. Page 2 ~osemar~y 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 Montgomery 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, G a~ry~E. Strong California State Librarian cc: Jim Henson Cameron Robertson Catherine Lucas Debra Miller Jo]m Amend GES~cp