Loading...
Agenda Packet_07.23.18CITY OF CUPERTINO AGENDA LIBRARY COMMISSION 7:00 PM Cupertino Library, 10800 Torre Avenue, Story Room Monday, July 23, 2018 Special Meeting NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO LIBRARY COMMISSION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Library Commission is hereby called for Monday, July 23, 2018, commencing at 7:00 p.m. at the Cupertino Library, Story Room, 10800 Torre Ave, Cupertino, CA 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting". SPECIAL MEETING CALL TO ORDER ROLL CALL ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the commission on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the commission from making any decisions with respect to a matter not listed on the agenda WRITTEN COMMUNICATIONS STUDY SESSION 1.Subject: Study session to explore consolidation of Senior Citizen, Library, and Safety issues into Parks & Recreation Commission. OLD BUSINESS Page 1 July 23, 2018Library Commission AGENDA 2.Subject: Library Commission's recommendation regarding consolidation of Senior Citizen, Library, and Safety Issues into Parks & Recreation Commission. Current Library Lease Agreement Current Cupertino Lease Exhibit A-1 Library Commission Letter to City Council June 2018 NEW BUSINESS ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the meeting to arrange for assistance. Upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at 10300 Torre Avenue during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agenda, you may do so during the public comment. Page 2 LEASE AGREEMENT FOR CUPERTINO BRf~NCH LIBRARY The following is a lease agreement between the SANTA CLARA COUNTY LIBRARY JOINT POWERS AUTHORITY, State of California, hereinafter referred to as Lessee," and the CITY OF CUPERTINO, a :municipal corporation, hereinafter referred to as "Lessor." WHEREAS, Lessor is the owner of real property hereinafter described and located in the civic center site in the City of Cupertino, California; and WHEREAS, on December 26, 1967, the City of Cupertino, as lessor, and the County of Santa Clara, as lessee, entered into a lease for a term of twenty-five (25) yeazs which provided for the construction of a building for use as a county public library at the civic center site of the city; and WHEREAS, on June 11, 1985, the City of Cupertino and the County of Santa Clara amended the 19671ease by entering into an agreement for the construction of a library addition by Lessor, whereby Lessee agreed to pay to Lessor $120,000.00 per year as reimbursement of bond payments commen~~ing in 1986 and for a period not to exceed thirty years (30); and WHEREAS, although the twenty-five (25) year term of the 19671ease terminated on December 26, 1992, Lessee and Lessor ha~re continued to honor the terms of the lease and desire to continue to do so; NOW, THEREFORE, in consideratio~l of, and subject to, the terms and conditions hereinafter set forth, LESSOR and LESSEE AGREE AS FOLLOWS: 1. Description of Property Lessor hereby agrees to lease to Lessee, and Lessee hereby agrees to rent from Lessor, the real property described in Exhibit A attached hereto and made part hereof by reference . 2. Use of Premises Said premises shall be used by Lessee for the maintenance and operation of a branch library for the Santa Clara County Library. The term "premises" is defined to mean the real property above described and th.e building and all improvements thereon. 3. Term of Lease The term of this lease shall be for a period of twenty-three (23) yeazs commencing on January 1, 1996 and ending on the last day of the twenty-third (23rd) yeaz following. 4. ODtlon to Renew Lessor hereby grants to Lessee the sole and exclusive option to renew said lease for an additional term of twenty-five (25) years, which option shall be exercised by Lessee by giving one year's advance written notice of Lessee's intention to renew said lease. In the event Lessee does not exercise its option within the time prescribed hereunder, the lease shall automatically terminate upon the expiration of the term hereof, and no notice shall be required to effectuate said termination. 5. Rental Amount Lessee agrees to pay Lessor a minimum base rent of $120,000.00 per year, payable by Lessee to Lessor annually on the first business day of June of each yeaz of the term hereof, or as the parties hereto may agree in writing. In addition to said base rent described above, Lessee shall pay a yearly swn equal to the increase of Cupertino's assessed value of property as a percentage of the assigned assessed value from the base fiscal yeaz 1985-1986. Said increase is expre;~sed as follows: Cupertino AV 18.96% (base fiscal yeaz 1985-1986) Assigned AV The last payment under this lease agreement will be due in June, 2018. 6. Maintenance and Utilities Lessee shall make all repairs during tree term as aze necessary to keep and maintain said premises from the exterior walls and roof inwazd in good and tenantable condition. Lessor shall maintain landscaping ;end parking for said premises at Lessor's cost and expense. 7. Alterations, Changes or Additions Lessee shall not make any alterations, changes or additions to said premises without obtaining prior written consent of Le:~sor. Any such alterations, changes, or additions made by Lessee shall be at the cost and expense of Lessee, and, upon termination hereof, said alterations, changes, nor additions shall inure to the benefit of Lessor, except, however, trade fixtures, lighting fixtures, partitions, appliances, equipment, furniture, and other improvement:; placed on said premises by Lessee; and upon termination of this lease, Lessee shall hive a reasonable length of time in which to remove said trade fixtures, lighting fixtures, f~artitions, appliances, equipment, furniture, and other improvements installed by it on saki premises. 8. Utilities Lessee shall pay for the furnishing of ;~11 water, janitorial services and other utilities necessary or required for use in or upon the premises during the term of this lease or any extension thereof. 9. Insurance Lessee, at its own cost and expense, shall maintain during the term of this lease casualty and fire insurance to the extent of the: insurable value of the premises, including provision for payments to cover bonding cost; abated as a result of damage by fire, the elements, casualty or other cause or ha~penin; not due to the negligence of Lessee. Lessee. shall further maintain during the term of this lease public liability and property damage insurance. Lessor shall be named as :additional insured under the terms of said policies of insurance. 10. Damage to Premises If said premises aze paztially or totally destroyed by fire, casualty, or other cause or happening, said premises shall be promptly restored by Lessor to their previous condition and made safe, and a just proportion of the rent herein provided for, according to the extent to which said premises have bee~i rendered untenantable or declazed unsafe, shall abate until said premises have been restcred and put in proper condition for use and occupancy; provided, however, that (a) if said. building is totally destroyed and a fully comparable building is not completely rebuilt by Lessor and ready for occupancy by Lessee within six (6) months after the casualr~ causing destruction, or (b) if said building is partially destroyed and the same is not restored to its former condition and made safe within sixty (60) days from the date of the ca~;ualty causing said partial destruction, then, in either event, Lessee may, at its sole option, cancel and terminate this lease in its entirety, and should Lessee exercise its optior.~ to cancel and terminate, any unearned rent paid in advance by Lessee shall be refunded t~~ it. The determination of whether the casualty has caused total or partial destructior.~ shall be made solely by Lessee within ten 10) days after the date of the date of said casualty. In the event of disagreement between Lessor and Lessee as to Lessee's determination of the amount of destruction, Lessor shall submit the matter to arbitration and the rules quid procedures of the American Arbitration Association shall apply. Failure to submit the; matter within thirty (30) days after the date of said casualty shall be deemed assent by Le:~sor to Lessee's determination of the extent of said destruction. 11. Use and Eniovment The enjoyment and use of all entrances, exits and approaches, and means of entrance and approach now existing in favor c-f said premises shall not be unreasonably interfered with or interrupted by any act or as:~ent of Lessor during the term of this lease. 12. Condition of Premises Lessor covenants and agrees that said premises will be delivered to Lessee free from all tenancies and occupancies and free from all orders, notices, and violations filed or entered by any public or quasi-public authority and free from complaints and/or reports of violations noted or existing in, or filed with, any governmental authority. 13. Notices All notices required or permitted to be given hereunder or by any provisions of law shall be given to the party to be notified try personal delivery or sent by registered or certified mail addressed to Lessor at the Administration Office of the City of Cupertino, 10300 Torre Avenue, Cupertino, California 9.5014, and addressed to Lessee to the attention of the County Librarian at 1095 North Seventh Street, San Jose, California. All notices given as aforesaid shall be sufficient service thereof, and if sent by mail, shall be deemed served as of the date of deposit in the mails. 14. Termination It is mutually agreed that this lease m~iy be canceled and terminated by Lessee if the whole or any part of the City of Cupertino served by the branch library occupying the said premises withdraws from the Santa Clarz. County Library System for any reason or purpose whatsoever. At the end of the term or upon termination of this lease or any extension thereof, Lessee shall surrender said premises in as good condition as the same were when Lessee took possession, reasonable wear and tear, damage from the elements, fire, acts of God, structural deficiencies and repairs, and exterior deficiencies and repairs, or other casualty beyond the reasonable control of Lessee, excepted. 15. Successors and Assigns The foregoing covenants and conditio~is shall be binding upon the parties hereto and their respective heirs, successors, executors, administrators, legal representatives, and assigns. IN WITNESS WHEREOF, the parties hereto have subscribed their names this t! day of ~/~ti~~ , 1996. COUNTY OF SANTA CLARA airperson, Joint Powers Authority Lessee" CITY OF CUPERTINO By Mayor, Cupertino City Council Lessor" ATTEST:. Clerk, Joint Powers Authority i, BY ~/I c'~2Z-/~E"- ~:/~~tZ- APPROVED AS TO FORM: By Deputy County Counsel ATTEST: Cupertino City Clerk By G• ~i% By ~~ ~~ arles T. Kilian, City Attorney June 18, 2018 Cupertino City Council Cupertino, CA 95014 Dear Councilmembers, The Library Commission acted at its June meeting to communicate to you it present understanding of, and position with respect to, the proposed City Council 2018 Work Plan item regarding the elimination of this commission. We were not informed of the proposal prior to its appearance in the draft Work Plan and never have been consulted about the intended benefit to the community. Nonetheless, we have taken the proposal seriously. Following our regular procedures for developing advisory input to the City Council, we have: • entertained public comment and testimony, • collected input from influential community groups, • sought information on budget and other metrics impacts from city staff, • and extensively discussed potential outcomes in publicly attended commission meetings. Some parameters are unresolved—such as whether the Library Commission will be combined solely with the Parks and Recreation Commission or if both the aforementioned commissions will be further combined with the Public Safety Commission. The latter outcome is the subject of one budgetary planning exercise presented to us by city staff. Public and community comment is unanimously and vigorously opposed to the City Council’s suggestion. We are unable to address any budgetary benefits. The fundamental assumptions articulated in the single estimate of budget impacts prepared for your review, as no doubt you have noted, are essentially flawed by assumptions untethered to the priorities, annual work plan goals, and operational considerations of the two or three commissions impacted. The Library Commission reflects the library service needs of the Cupertino community to the Cupertino Library staff and the Santa Clara County Library District (SCCLD) leadership. Further, commissioners directly work in support of the library and its capabilities, in partnership with Cupertino Library staff, SCCLD management, and community-based organizations (Cupertino Library Foundation, Friends of the Cupertino Library). The Library Commission also liaises with comparable library-focused appointed and volunteer organizations throughout the Bay Area. SCCLD is nationally recognized as a leading, forward-looking, and award-winning library system. The Cupertino Library, as we are well aware, benefits from the visionary leadership of SCCLD management and the opportunity to collaborate with and learn from other community libraries in the SCCLD. It also maintains unique service aspects specifically designed to serve the Cupertino community. Data show ever increasing usage and materials circulation and the library staff work towards near-saturation patron registration. The recent extension of opening hours to 72 hours/week is the highest availability across the SCCLD, and a matter of public note and celebration. While the Library Commission has not yet proposed an expansion of its membership to better serve the community’s input, we are at least reminded of the adage, “If it ain’t broke, don’t fix it.” By extension, we might advertise and advocate the extraordinary success of the Cupertino Library-community (and non-profit support organizations)-Library Commission-City Council nexus and share credit for this long-standing and long-nurtured success. The commissioners are deeply interested in knowing the origins of the Work Plan proposal for commission consolidation. We are open to understanding the underlying drivers, rationale and potential benefits, budgetary and staff impacts, and—importantly—to study and discuss these matters with our sister commissions which, surely, have parallel concerns. The absence of input from the public and impacted commissions would represent a lack of due diligence and breaches of procedural regularity and responsibility. Our collective years of experience giving service to the City Council and our community compel us to advise against unconsidered actions to achieve outcomes not transparently communicated to all affected parties—most notably your electorate. Such decisions carry risks. Conscientious evaluation of outcomes is an essential advisory function provided by Cupertino’s system of commissions. We urge you to use the system you’ve established, not circumvent it. Sincerely Library Commissioners City of Cupertino, CA 95014