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HomeMy WebLinkAbout71-016RESOLUTION 71-16 AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE EXISTING MEMBERS OF THE SANTIAGO COOPERATIVE LIBRARY SYSTEM W~EREAS, 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 contracting; and W}{EREAS, the Orange County Public Library, the Yorba Linda Library District, the Placentia Library District, the Huntington Beach Public Library, the Newport Beach Public Library, and the Fullerton Public Library, have previously so cooperated to form the Orange County Cooperative Library System, sometimes known as the Santiago Library System; and W~EREAS, 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 Wt{EREAS, the members of the Santiago Library System have voted unanimously to accept the Santa Ana Public Library as a member of the Santiago Library System; and WHEREAS, by joining the Santiago Library System the Santa Aha Public Library can provide expanded library service to the citizens of Santa Ana through the specialized facilities available to other member libraries in the system, by increasing the number of books available to loan to the citizens of the City of Santa Ana, and by the grants-in-aid obtainable from the State and federal governments, which will make available to the Santa Ana Public Library facilities and improvements not otherwise obtainable; NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Ana does hereby authorize the Santa Ana Public Library to join the Santiago Library System; BE IT FURTHER RESOLVED: That this Council, as the govern- ing body for the Santa Ana Public Library, adopts and agrees to be bound by that Joint Powers Agreement, as amended to date, pre- viously executed by the Orange County Public Library, the Yorba Linda Library District, the Placentia Library District, the Huntington Beach Public Library, the Newport Beach Public Library, and the Fullerton 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 also attached hereto and made a part hereof by reference as though set out in full herein; BE IT FURTHER RESOLVED: That the Mayor and the City Clerk of the City of Santa Ana be and are hereby empowered to execute the Joint Powers Agreement on behalf of the City of Santa Ana, and the Santa Ana Public Library. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 16~h day of February, 1971. ATTEST: CLERK OF THE CbUNCIL MAYOR -1- STATE OF CALIFORNIA) COUNT~ OF ORANGE ) CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Resolution was regularly introduced to said Council at its regular meeting held on the l~h day of February, 1971, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, COUNCILMEN: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset COUNCILMEN: None ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL -2- RESOLUTION OF T~ BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA On motion of Supervisor_ R~t~G ,.duly secomded and carried, the following Resolution was adopted: kgEREAS, this body by its Resolution No~ 67-106 has previously authorized the Orange County ~blic Library to join and participate in the Santiago Library System; and WT{EREAS, pursuant to the joint powers agreement adopted thereto, it is the desire of the present members of the Santiago Library System to encourage other libraries within Orange County to join this Library System; and WHEREAS, the procedure established in said joint powers agreement requires applicants to be approved for membership by a majority of the System Council, and thereafter to submit their application to the gov- erning board of each member library, with membership granted only upon the approval of the governing board of each member library; and WHEREAS, the City of Santa Aha, through its City Council, has made application for anh'on behalf of Santa Aha Public Library for mem- bership in the Santiago Library System, which application was approved by a majority vote of the System Council dated the 21st day of September , 1970; and WHEREAS, the Santa Aha City CounCil, at its meeting of August 3, 1970, by Minute Order authorized the Santa Aha Public Library to join the Santiago Library System; and WHEREAS, the application of the Santa Aha Public Library has been presented to this body for its approval. NOW, THEREFORE,.BE IT RESOLVED that this body, as the governing body of the Orange County Public Library, approves the application of Public Library for membership in the Santiago Library the Santa Aha System. Resolution No. 71- Admission of Santa--A-~ Public Library to Santiago Library System 1 2 $ 4 8 10 18 19 20 21 22 23 24 25 27 28 29 30 31 AYES: N0E S: ABSENT: SUPERVISORS SUPERVISORS SUPERVISORS R. W. BATTIM, WILLI~4 J. PHILLIPS, DAVID L. BAKER, RALPH B. CLARK AND RONALD W. CASPERS NONE NONE STATE OF CALIFORNIA COUNTY OF ORANGE X, W, E. ST JOHN, County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the ~ebrgarY , 19 ll , and passed by a. unanimous Board. 9th, 9th. day of vote of said IN WITNESS WHE~OF, I have hereunto set my hand and seal this day of , ..F~bl'uar.y , 19 7]~,e W. E.. ST-JOHN County Clerk and. e~Sfficio Clerk of the Board o~..su'~ervis'ors of Orange Co.unty, California ~ Depu:t:y e 1 4 5 6 7 8 9 10 11 12 13 14 · .~ 15 - ~ 16 18 ~9 20 21 22 ~3 ~4 25 26 27 28 29 30 32 .6 JOINT POWERS AGREE:,W~NT Pursoant to Title l, Division 7, Chapter 5 of the Government Code of the State of California (Sections 6500 to 65.!3), a Joint l'owers; Agreement is hereby entered i~to between the OIIANGE COUNTY PUBLIC LIBRARY, the PLACENTiA LIBRARY DISTRICT, the YORBA LIh~DA I~IBP~RY DISTRICT, the iIUNTINGTON BEACH PUBLIC LIBRARY, and the 1v~krpoRT BEACH PUBLIC LIBPxAR)f. RECITALS WHEREAS, the State of California has enacted the Public l.~,Brary 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 estab!i~hing, improving a~d extending library services; and (b) Encouraging the establishment of library systems in areas ~.~here 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 LIBRAtlY SYSTEI.I for the purpose of improving and extending library service ~o all. residents of t}~ese Library Districts by closer cooperation among their respective l~braries, an~ in order to obtain the benefits of such a system by law on such terms and conditions as hereinafter as provided follow; NOW, THERE}ORE~ purst~ant to the provisions of the California Education Code, Divis~.c,n 20, Ch~pt,:.r 1.5, oomprising Sections 27111 to 27147, the partzes hereby .ctrm the ORANGE COUNTY COOPed- The ob!igat:ious and cond~t~.ons tl~t lae~:c>.na~er folJ~o~.J are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~ 16 § 17 18 19 20 21 22 23 2~ 26 27 28 50 31 32 contingent upon approval b.y the S~ate Librarian of the plan of library service which has been submitted by the member libraries. l. POWER OF SYSTEM. The ORAMGE COUNTY COOPERATIVE LIBRARY SYSTEP[ shall have all t,.he powers ~. prerogatives, and a~tIz~rity necessary to effectively plan, operate and administer m"I?nb~ic library system and to establish, improve and extend ~iibmary services within the geographic boundaries of the SYSTEM. ~[ sl~alll plan and determine the use to be made of any funds mece~f~mt ~y the SYSTEM from any source and may expend such funds ~r~ ae~o,xxtance with such plans and determinations. The System ~o~nc~fl, or such administrative officer as it may from time to · £me appoint, may administer and exercise this power pursuant to the rules and regulations as adopted in the manner set out here- after o ~IBRAP, Y SYSTEM will be administered, by a Council consisting of the Bead Librarian of each member library or such other person as ~las been designated by the governing board of that library. Governing boards or Council members may designate alternates to sit, delibcrat~ and act in the absence of the appointed Council member. The Council will elect one of its re'embers 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- mate, shall'preside over all meetings of the Council. The Council shall draw up rules and regulations from time to time as they deem mdvisable; however, such rules 'and regulations shall not be valid tmttl 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 ~nd s'ubmitted to the gove~nimg boards for ratification. Every :formal vote GOVERNING BODY OF SYSTEM. The ORANGE COUNTY COOPERATIVE official a.t~on'n- taken by the'System Council of the member~ of the CmmcJl. shall, be affi:'med by Minutes shall be 2 3 4 5 61 7 10 11 12 13 14 18 19 20 21 22 23 24 25 26 27 28 29 30 31 '. 32 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 e×pend for SYSTEM purposes such monies as may be received fr6m: (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 app~ropriations as may be made; (2) the Federal Government purs~m'amt to any program related to library purposes; (3) private or ~nblic foundations, organizations, corporgtions, companies, unio~, or associations; (4) priva.te individuals by gift, devise or Bequest. The SYST~ is empowered and authorized to mal~e ~ny 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. ~qnership 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 s~laries 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 du~ing the ORANGE COUNTY PUBLIC LIBRARY, acting of SYSTEM. following period by the said in its role as fisc.~% agent ! 2 3 4 5 6 7 11 12 13 14 o~ 15 ~r~-~ 16 17 18 20 21 22 23 24 25 26 27 28 29 30 31 32 6. ACCOUNTING FOR FUNDS. Ali. 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 a~ency with the State of C~:~i£ornia for the receipt, disbursement and accounting of such funda a.s may be allocated by the State government, Federal g~ernment, 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. ADMINIS~I?.ATION OF }~bIBER 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 ~MBERS. Other p~blic libraries may apply for membership in the ORANGE COUNTY COOPERATIVE LIBRARY SYSTEM, provided they meet the requirements for SYSTEM membership as establishe~ by the California State Library and by the laws of the State of California. Applicants will be considered for SYSTEM membership if their application i~ approved by a majority of the System Council, Approved applications will'be submitted to the governing board of each member library. Membership x~ill be granted upon approval of the governing board of each member library. I 10~ WIT!IDP~AWAI, OF A ~bIBER. Any men,er literary may with- draw from the OP~4NGE COUNTY COOPERATIVE LIBRARY SYSTEM by serving formal %~rJtten notice of its intent to so withdraw at least one ! 4 § 6 7 $ 9 10 11 12 15 14 18 ~0, 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 requirements of SYSTEM membership. Libraries which withdraw are subject to such rules and regulations governing withdrawal as the System Council shall before- hand 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. DEBTS. That no debt, liability or obl/&ation of the Santiago Library System shall constitute any debt, liability or obligation of any party to this Agreement. 14, AMEND~NT. This Agreement may only be amended by the action of all the respective governing bodies constituting this System. 15. EFFECTIVE DATE. The effective date of this Agreement wi~h amendments is September 15, 1969. -5- S 9 10 11 12 14 :~ 16 26 3O $1 This Agreement is executed by the City Council of the City of Santa Aha, County of Orange, State of California, under and pursuant authorizing such execution, this 16th day to Resolution No. 71-1_6., of February , 1971. Mayor of the City o~ S~'nta An~ lerk~oZ the Gity o~ Santa A~a DUE TO POOR CONDITION ORIGINAL DESTROYED. 3/88 -6- ORJL~E COb~TY COOPERATIVE r,IBR/~ S~S~AI .: ..'.,'. - , .... . ........ ,.,.~....,......,...~ .. ,,, ..?..... :. ,RULES AND PROCEDURE ', . . .'....,* ' ..,:"...:u:.'~,,,' · . · ,.. .... . ...,: ~ ~'~ · ~:::~ ~i ~eetings will be held at the Orange County Public Librar~u~less.."',.,...... ....... .,.... '". place of meeting is o~nerw~se set by the System Co.uncil, ';?:"'.*"" i' i ~oottngs will be held at least once a month, and a schedule of ,;.:, . '2. b.i-weekly meetings on the first and third Thursdays of each ' w~.ll be followed until revised by a majority vote of ~he System Any me,~oer ma~ call for a special meet~ng b contacting the . .o..,., ...... Pres~.den'~ and stat~.ng the purpose. -. ~-~'¢,~',~.'~,~,.2~...,~;.,~.,.-'. , .. ~he ~res~.dent w~.ll not:£y members o£ regular meet±n~:s at least ."' ¢" "'--'.~'~ ." l~h~ee (9) d~ys pr~or ~o ~he meeting, and of ~pecial meetings a~,-.:.,:?.,~..,.-~. least 2q- hou2s in advance of the agenda proposed,. If a member .,?17:~'!¢',:~ ~', cannot attend or send a representative, the President must be. 'i.':;:'-?;/.'*', :.". .r."'" ~in~es o~ ' ~ ' ' ' "' ' ..... :;'"" ' each mee~ng w~ll be prep~ed by d~rec~ive of the ~., ,.:'...v'.. ' Presiden~ and sent to eachx member, governing bo~d, ~d otho~ '. "~.'.,.: .~.. . ~ · . . . .... :.. ....:,~:. ~ . .. . . , ~ _ .... .... g .~.-'~.. ...... .. .... ~ Q~OR~ . .. .... . ~.. ..... .: . ...,: .~ . ... '.'~ . . -. ... '( *. ~ .:t.. '.....:'.... '~N¥. · ' · . ' ." ' ·' ,. ' ' -" :~"~.?b'~'" · . :./:;." ,...... - ~II VOT~G .:~:'~,': - .-., The vo~e will be cas~ by the li~ari~ or such other person as has .:..,..,.. '*"-' been designated by ~he governing Bo~d of the member libra!es, or ....<':'-~:.. ".,. by ~he representative accre~ted ~o ~he pres~den~ by said l~br~...-.... .. t,,e quor~ is required ~o enao~ ~y bus,ess ,:.:,.:: .. ..~ of the system ~less o:herwise stated in the Rules ~d Procedu~e~....: ..... A ~wo-thfrds maJp~l~y' vo~e of the membership Is required fo~ '~: .'."'?*' adop~tn~ ~he budge~ ~d ~end~g the Ru!a~ . ., ..ho System Countil will eloc~ one of its members Presmden~ i~.-.'.~:"?,~'.i..... ,.. . the ~'~ ' ~z~s~ regular meeting of the operating (fiscal) ye~.' ~ho · ' President's Term shall be one year, and he shall preside at all~, · . Comxcil raeeOings m-~'~il his successor is elected i~. the .fi~'st..,..~: ' :"' meeting in July of the. following. , year. .', ... ." . · ':;~":.~ The President may also ~appoint co~ittees who wil% s~udy , . ./~ ~epo~ ~o ~he' System Council on specif&o progr~s. '. """ ~.' ;.':.' " V - A~D~S "' :":"".. ~":':'~ '~o~~ ;'~ ;.-..: Amen~nents and additions to these rules may be osed a~ ~"~.': regula.r, or, special meeting. Such amendments vgll be published ':.'2'.~": ;!.i.:i{ iI in the minutes, voted on at the following mooting, and submitted.: ~ itc the governing board of each age.noy for ratification, pursuan~.;i ,... ,: , . !...: ' 7 ,'.','' . .' · ..'.. :.:~:' · -.'7 The System Budget for the use of System funds ~s to be drawn up . -; ?...':.;:." '.' !ml. and adopted by the System Counczl pre. or to re.questzng armual [?)'~'" ~rants from the State; to be reviewed and modified, if [~:?:: after exact amom:~ avazlable zs made known by the State. ., :~.?i.%~' The fiscal operating year shall be from ~uly i through '~une i'i?-").-The Orange County TreaSury will be designated the Depository i? ?.:' the System funds, and the County Treasu~e~' as Creasu.~e:~ .for th~ · . .. S.vstern, , . . . · ;. ~ ..-.,,f'~.~...... :~'~ -". The Orange County Auditor-Controller wzll be deszgnated the :. · ~: '~Auditor for the System and wzll establish a £und and maintain ?..: appropriate records £or the System. '. · ..;:/ .... . .... · .. Internal accounting procedures wzll be adopted after consultation. ...'": with the desa. gnav~ed auditor, and will be designed to insure cora-: :.;:.::... ..::.'.'., 'All bills will be approved by a majority vote of the System .........: ,,..,:., .. .:!~::' Co~mcil and certified by the Comac. il President and Fiscal Office:~" :.~j~' :..:.." . ... .: .. ~.: ; .. ...,:..:......,:.'....:~... ,...:.. , .. · ,. ,, ... ~ . ,.... ~ ....>.~¥,,.?~, :......:.:.~.:~, ...~.?.~ ....,. ........~.. ~ .,,: ~., ~. . ,,' - ' ......... r.'~'. '.'. : ,'~ .; :" .'; ..,';~,-,?'~.'" ...... , - ~''" · '~' ":~. · ' ' . ¥. .. - · ,~','*..'. . ~;. ~' ..,::' ~. ;.v ,*~ · ' .~.' , .? .'' .. : . · , .. . , o,., .....;,.. ~ ,. ~.*.. ,'.'; ..~.:,. ..., ,:,.,.~,.,. .~ ~ .,...~,.. '~, . . Act as a contracting agency with t~e"State of California for the receipt, disbursemont and. .accounting of such funds as may be allocated ..by the State government, Federal government, or private.sources for System use, ptursuant to ~he Joint Powers'~gr~ement.. issue quarterly reports of receipts and 'merits and accounting of funds, or shall do so. on. demand of any member library, : Prepare.reports. required by the Stat~ of California, and submit these report@ to the System Council for approval. .?-/:~i" The System Council may contract for professional services~ as. ;:' ": ' required. ~'""':' The System Council may from time ~o time employ personnel, ~:~ ..~.~. , obligations of the Plan of Service, as may ce decided by the .'?~i~.~ =" stem Cotuucil ersonnel hired for these duties will be"-~:~i:~.~ ~.:>~.:~o .~. .:,:,-.~... processed throu the Orange Count ersonnel Department and ?? ~ '~"" .... ~.,.:.], will be covered by an Orange County Personnel. item n~um,,b~er and'~=~i.!!.~?~! ~'''~' "~""" ~ .... appropriate insurance s~ud liability policies. ~ll w~ges and.:~?i'~,i-.'.!::i '..~i~',:" fringe bene~z~s tna~ v~.ll accrue unaer ~ne Orange County ..~ !~.;.~: Personnel Resolution wzll be paid foz- by the System. · '~' .' ' VIII - PURCHASi~G."' · ..' ... ~-~' · ~ll purch e.s de by th Orange C6unty Cooperative r,ibrary .' · · as .ma e '""'- ' Sy ill ce d by d thr ug.hlth Orange~Co nty ..Purchasing Departmen~ in accord.a~, ce '~t~ .thetr'.stands~d-~ules? ..... '-"