CC Resolution No. 9080RESOLUTION NO. 9080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AUTHORIZING THE CITY MANAGER TO
EXECUTE A JOINT POWERS AGREEMENT (JPA) WITH THE
COUNTY OF SANTA CLARA AND THE CITIES OF CAMPBELL,
GILROY, LOS ALTOS, LOS ALTOS HILLS, MILPITAS, MONTE
SERENO, MORGAN HILL AND SARATOGA FOR FUTURE
LIBRARY SERVICES
WHEREAS, there has been presented to the City Council a Joint Powers
Agreement (JPA) between the County of Santa Clara and the cities of Campbell,
Cupertino, Gilroy, Los Altos, Los Altos Hills, Milpitas, Monte Sereno, Morgan Hill and
Saratoga providing for library services; and
WHEREAS, the terms, conditions and provisions of the agreement have been
reviewed and approved by the City Attorney and the City Manager.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the City
Manager to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18th day of April , 1994 by the following vote:
AYES: Bautista, Burnett, Dean, Sorensen, Koppel
NOES: None
ABSENT: None
ABSTAIN: None
/s/ Kim Marie Smith
City Clerk
/s/ Barb Koppel
Mayor, City of Cupertino
ce
Powers Law (Government Code §§E500,
�.
tYe Joint
ublic"entities, after receiving the prior
ieir respective legislative bodies, to jointly
the :contract ng parties, including. the
!rs`common,to
7F
fide for likirary'Iservices; and
-
. 1CA'��d thereto.
ce.area act (Government Cade §25210
,
theiCounty.:sery
methods of providing for
vides for alternative
r
areas of the County and within'
ri unincorparated
wY'�ch„choopet o`participate in a County Library
the levy of a benefit assessment for
,y'includini
yaks
�REFGRE,..EE IT RESOLVED THAT:
the Cities -within the Library District
un"y.requests
i_
he;creation of a County Library service Area to
unincorporated area,of the County and the Cities, to.
and to approve the: Joint Powers
library services;
-
. 1CA'��d thereto.
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.ADOP'TED HY THE Board of Supervisors of the County
APO 0
State of California, this' •'
't
4
I., GONZALES, HONDA;
LOFGREN, MCKENNA
s:
Chairperson.
Board of';Supervisors
''
F,O� DliiDuN
2z
-.Perez, , Clerk, ,
i.s
of;~Supervisors
.Form.And Legality.
The foregoing instrument is a
correct dopy of the original
ATTEST: Phylll� A. rez
z
Clerk of theBoard
BY
Deputy Cerkr f 3
It
Date:
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3
rary,services `within its jurisdiction, aria -is
e Santa Clara County Board of:Supervisors; and
f,
;k -
f iia 3.X�:•
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t.
April 19, 1994
;f
E
i `Cities have
independent authority to provide
E
JOINT POwns AGREEMENT HETWEEN
"�`..
M COUNTY'OF SANTA•CLAXA AND CITIES OP
Ps -within their.
jurisdictions;;,and:
.
:AMPBELL, CUPERTINO,-GiILROY# LOS -ALTOS,
)$F HILLS, MILPITAS,?MONTE SERENO, -MORGAN HILL`
r'
D SARATOOA,:RELATING TO`LltRARY.SERVICES'_
it�e .l=acP
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4
in ,agreement between the; County of .Santa Clara anti
`,ampbell,7Cupertino, Gilroy, LOS- A os Altos.
I
�� 1 4th r5 Llx :' r: ; ;- ..• � . . ; . ' -. -
'
s,Monte Sereno, Morgan Hi11 and Saratoga
n
"Cit,:L66") Irelating tofthe point exercise of �,�wers
ervicest,through out`the'Santa C1ara'`County Free
tr t Vf Pt
ie
�f
fes,
Santa:Clara County; Free Library District,which is
he, unincorporated area of the County and the cities
upertino, Gilroy,%Los Altos, I,os Altos. Hills,
`
e'.t Sereno , Moraan Hill and • Saratoaa . has`'aut.hority
rary,services `within its jurisdiction, aria -is
e Santa Clara County Board of:Supervisors; and
i
a -
t
i `Cities have
independent authority to provide
E
Ps -within their.
jurisdictions;;,and:
.
% 1
199
APP 2 h
LEAS, ` The _'provision of library services ,to. the , residents ,
incorporated area of the County, and'° the Cities are
'and ;made more, efficient by coordinated.program.among
:c entities,who,comprise the Districts and
LEAS, - the ie;isa direct; benefit'. conferred upon the
ss which are served by library,,facil{ties which enhances
of, the,vroperties,berved; and
LEAS ;.;the._{Joint.Powers Law .(Government Code § 6500,
permits public entities, after receiving the prior
r„"respective .legislative bodies, 'to jointly
;powers�,common to,.the contracting parties, including.the
provide •;fore -library” services; and
01
;IIII111K�fr i�'.e F r i r '' -
f
ag regiment
shall commence upon the
p > S
the mutual promises and
I L 5f
efore,,;in aonsideration'of
by the parties hereto, and shall be.
:mined herein,• the p artier to this`agreement,agree
�<
t
`establishment
t•
k
`•"• ` f
a benefit assessment for library
-vices and the.levy of
ELI.
��g��menl�. and pxr�ies
I J:
Y l
#2 -
`'agreement, . with the consent of their
4 `;
_.
ies to s
bodies'; hereby j oin =together .for., the
d,
gislative
extended library services within their
oviding_
3 a Library Joirt Powers, Authority
establishing
described herein.
he powers
that additional cities may become parties
ties ,agree
cnroved
ditions".as may be app
on such terms and
ement
" of the, Library Joint
b� ` a rmaa ority , of thee members
# y`
to ation is that all
:k,Onet.con dition particip
r
.their residents ohall have reciprocal "
members=and
and services of all other
b"nary f"acilities► materials
7
s
ag regiment
shall commence upon the
p > S
o�.nt powers .
I L 5f
by the parties hereto, and shall be.
E th agreement
`establishment
of `a County Service Area for
-
`•"• ` f
a benefit assessment for library
-vices and the.levy of
}&
benefit
assessment is not levied, the
[n the event a
y a� rg�f
h
it
3
p > S
i^ 'ori ui k
I L 5f
S "d
d 'fiiith renegotiation 'of thiai joint`
s,
s oV,.-tihe ,;dedision.
c1Ly: ,may.'w-L
ective on. July 1„of 'the`
taws„shell` be, subject to all
may designate
alternate member- and
ty
ate alterriatp
`members . Selection
,',two.'
shall be detiermined by ,the
�er_.and :alternate .
thk the County, Members shall serve
city aid
but;'may be reimbursed
for expenses
�n xelation to'the ir duties as .;members of
e - r
5
q:
7 y
f CSrYF p r J3.
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IPV, t
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tthe�Board-
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'"•,' d�-,l d ,�FJ� E F tl R 1
4Px°fi 'the Board
�p" 1 Actions off the Board shall be' effective upon approval of a
I f�,tYidh`t'r,+r 2(7rcYy1 S _ r ! , r
xs x$ ma jorfty a of the members of the Board . In January of each year,
the�Board�shall select a chairperson and a vice-chairperson and
��r� sstiall',meetl' rterly or. mo frequently as determined by the
,
, u �The'County Librarian; and all library personnel, shall
continue to be`employed�by the County of Santa Clara and subject
OR,id
toW.th County a, agreements and personnel rules Under the
uC®untyCharter,; the: County Librarian is'appointed by and reports
`<"fi�to the•r,Gounty Executive. Pursuant to this agreement, the Counuy
'�r'L`ibrarxan •will ;also report to the Library Joint Powers Board,
x�+rhichmay make recommendations to the County Executive relating
i�„rt _ -
y� S'
&t i;2., A performance of the County Librarian.
53
ts6`§uonort .�XV Cee
County,e�f Santa Clara will continue to provide counsel,
purchasing, E"payroll`, ' budget, treasury and other services tc, the
''1`iirarY. 'And>shall be reimbursed. for the reasonable cost of
o
$ 7 a T fe7 ,
es''relating to the provision of library services,
s
6
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S
t � WS 5t. r R ji
F t`'
`'` the provisions of Education Code
ibr:tiriea, including
{� n
6 i;whiah vets O)r .ta select material g in the County
33-
y r
Wers , Library Board `shall. also congi der and adopt
nt' Po ,
iperati.ng.and capitril improvements budgets for the ,
:em.
forth below.
t,
The Library Joint Bowers Board may change the foregoing
mule, provided Minimum service levels are nit adversely
acted.
C' Miaimum'Seryice "Levels. The parties to this agreement
eeZto minimum. service levels as follows, providing `revenues
v
mainta`ined,at the 1993-4 fiscal year level and a benefit
h
essment,-s levied and collected:
,
„ 1 30'hourI 5-day week at every,community library
2. 20 hours per week at branches such as Woodland.
3` b-weekly bookmobile service
2 4: administrative, collection and technical services
support appropriate to public service hours
Each}participating`city'and the County may.supplement
f
nues to; .-District to`provide for enhanced services at
-Vil hibrary,facilities
D.` System, Support. The parties agree that financial support
heF;library.`system equipment, acquisitions, administration and
ral staff is`e6sential. To that end, the following shall be
oda...
a
1 A minimum materials budget proportionately
valent to a $1.1 million budget in fiscal year 1995-6.
u
2.,,Additional assessments levied for enhanced services
"branchlibrary'shall be appropriated by the Board and as
Y i.
�t
oved4by' he Board member(s) representing the branch library
ice!;area-for direct services and materials. No more than.10%
aY
J � t
x1S } 8 -
R
5
ditional benef i,-. assessment may be appropriated by the
i ' fox central suppom .
8: �=Trmsrur®r. The'County Treasurer shall assure that the
r
ints;;and.financial records of the Library Joint Powers
�rity are maintained, and that they are audited on the same
Eras thefinancial records of the County.
y
1'
1 Y 4
Eur„t„s,l?Held HarmlesEs
L2 . 'Authorization and jXecuti on
By the execution of this Agreement, the parties hereby
ut.horize`their respective counsel to execute such documents as
tay)be necessary to carry out: the terms of this Agreement.
This Agreement may be signed ire counter parts, each of which
hall be 'deemed an original, and all of which shall constitute
ne'and'the same agreement.
County of Santa Clara
By:
d Diridon, Cha.rperson
Board of ;Supervisors
Cler} Board > of<;:Supervi� rs
PHYLLIS A. PEREZ