CITY COUNCIL: New MOU between City & Harrison Memorial Library Board of Trustees

City Council
Agenda Item Summary

Name: Consideration of a Resolution to enter into a new Memorandum of Agreement between the City of Carmel-By-The-Sea and the Harrison Memorial Library Board of Trustees.

Description: Based on the recommendations from the Ad Hoc Library Committee Study,
the Harrison Memorial Library Board of Trustees is proposing entering into an updated Memorandum of Agreement with the City. The new agreement includes a section that will allow the Library Board of Trustees to raise private funds to augment library service and staffing levels.

Overall Cost:
City Funds: n/a
Grant Funds: n/a
Staff time: n/a

Staff Recommendation: Adopt the Resolution.

Important Considerations: The current Memorandum of Agreement is 16 years old and in
need of revision. Approving the new Memorandum of Agreement will allow the Library Board of Trustees to begin raising private funds to augment existing library service and staffing levels.

Decision Record: The City Council has approved two previous Memorandums of Agreement, the first dated June 2, 1987, the second dated April 9, 1992.

Reviewed by:


______________________________ _________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: JANET CUBBAGE, LIBRARY DIRECTOR
DATE: MARCH 5, 2008
SUBJECT: NEW MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CARMEL-BY-THE-SEA AND THE HARRISON MEMORIAL LIBRARY BOARD OF TRUSTEES

RECOMMENDED MOTION
Approve adopting the proposed Memorandum of Agreement between the City and the Harrison Memorial Library Board of Trustees.

BACKGROUND
At the June 5, 2007 City Council meeting, Council directed staff to proceed with recommendations from the Ad Hoc Library Study Committee. One of those recommendations was to “develop a new MOU between the HML Trustees and City clarifying roles, responsibilities and authority – including verbiage allowing HML Trustees to obtain funds from available sources to provide services above and
beyond the City budget amount”. Based on the Council’s direction, the Harrison Memorial Library Board of Trustees proceeded with the task of drafting a new Memorandum of Agreement between the City and the Library Board.

The Library Board has entered into two previous Memorandums of Agreement with the City, the first in 1987 and the second in 1992 (attached). The currently proposed Memorandum of Agreement incorporates items, with some modifications, from the two previous memorandums and adds language that will allow the Board of Trustees to develop private funding to pay for additional staff to increase library service levels.

FISCAL IMPACT
While the effects will not be immediate, entering into the agreement will allow the Library Board of Trustees to increase staff and service levels without impacting the City budget.

SUMMARY
The current Memorandum of Agreement dated April 1992 is 16 years old and in need of revision. The new proposed Memorandum of Agreement addresses current library needs and priorities. The Agreement stipulates that the parties shall meet and confer every three years regarding any need to amend the agreement and includes a section that addresses possible City fiscal emergency situations.

Entering into a new Memorandum of Agreement will allow the Library Board of Trustees to pursue private funding to augment existing service levels.

MEMORANDUM OF AGREEMENT
BETWEEN HARRISON MEMORIAL LIBRARY BOARD OF TRUSTEES AND THE CITY OF CARMEL-BY-THE-SEA
The parties seek to solidify their longstanding and mutually beneficial relationship by entering into this Memorandum of Agreement ("Agreement") which supersedes the agreement between the parties dated June 2, 1987 and amended April 9, 1992. The Harrison Memorial Library Board of Trustees ("HML") and the City Council of the City of Carmel-by-the-Sea ("City") agree to the following:

1. PURPOSE. The purpose of this Agreement is to define the respective powers and duties of the parties with respect to the control, operation and funding of the Harrison Memorial Library main building and Park Branch, in light of the provisions of Chapter 5, Part 11, Division 1, Title 1 of the California Education Code.

2. POWERS AND DUTIES OF THE PARTIES. Except to the extent this Agreement explicitly assigns specific powers and duties to HML or the City, each party shall have those
powers and duties assigned to it by Education Code § 18900 - 18965. Provided, however, the parties further agree as follows:

A. Capital Improvement, Maintenance. City shall continue to pay for reasonable and
necessary maintenance services and capital improvement funding for the Harrison Memorial Library main building and Park Branch. For the purposes of this sub section "maintenance" shall include custodial and grounds-keeping services and the provision of necessary supplies for ongoing operation of the library.

Capital improvements and maintenance for the library facilities will be budgeted and
paid for by City as needed as part of the annual City budget. An estimate of these needs includes:
1. Painting, exterior and interior, every ten years;
2. Carpets, replace every ten years, and repair/clean as needed;
3. Wooden furniture, refinish every ten years, and repair/clean as needed;
4. Upholstered furniture, recover every ten years, and repair/clean as needed;
5. Equipment (e.g., air conditioning, furnace, lights, and other fixed assets) and supplies intended for ongoing consumption such as janitorial and restroom supplies; and the like, to be provided on an as needed basis.

B. Personnel Costs. The parties acknowledge that all Library personnel are employees
of City. The City shall continue to fund all personnel costs associated with operating the libraries at service levels which meet the public use needs of the libraries as defined by HML ("service level needs"). Personnel costs include salaries, benefits, cost-of-living and union negotiated increases. The parties agree that current service level needs are:

1. Eight full time positions, four of which require Masters of Library Science
(defined as one Library Director and three Librarian II positions);

2. Seven part time positions, three of which require Masters of Library Science (defined as Librarian I positions); and

3. Six on-call Library Assistants to cover for illness and vacations.
C. Service Level Determination. If HML determines that the service level needs of the libraries require additional positions beyond those described above and if City has funds available to pay for such positions, City shall fund the additional positions. If City does not have funds available to pay for such additional positions, HML may develop private funding sources for same, and provide restricted funds to City for use solely to add the personnel positions required by HML. Such private funds shall only be used to pay for additional library personnel and shall not be used by City for any other purpose. It is understood that such private funds shall only be used to augment City funding and shall not be applied to cover personnel costs that City is obligated to pay pursuant to the service level needs agreed to above.

D. Additional Funding from Non-public Sources. HML shall continue to use its
reasonable best efforts to develop funding through charitable donations, whether from the Carmel Public Library Foundation or other sources. As set forth in Section 2C, above, such additional funding shall supplement, not replace, funding provided by City for capital improvements, maintenance, and operational needs of the libraries including personnel costs, and City shall not decrease or withdraw its funding as a consequence of the development of private funding.

3. FINANCIAL EMERGENCIES. The parties understand that fiscal emergency situations may arise which require the City to lay off City employees and cut services. Should
such a fiscal emergency occur which requires the City to lay off City employees and cut services, the impact upon library services of such lay-offs and cuts shall be no more severe, in kind and quantity, than upon any other City service not involving police or fire suppression. In such circumstance, HML may provide private funding, on a temporary basis, by providing restricted funds to City to be used solely for the purposes specified by HML in connection with library operations. If private funding is provided it shall not relieve City of its obligations to properly staff and maintain library services and buildings as set forth in Section 2, above, and
shall only be provided by HML to maintain library service levels during fiscal emergency situations.

4. LIBRARY PROPERTY. The HML Park Branch building and all land surrounding it, including landscaping, driveways, reserved library staff parking (four (4) marked spaces), walkways, etc., will be preserved for library uses, under the management, supervision and control of HML. HML acknowledges that the current nineteen marked public parking spaces and travel lanes to the nineteen designated spaces shall continue to be used for public parking purposes.

5. RESERVED LIBRARY STAFF PARKING. Four (4) parking spaces at the HML Park Branch shall be reserved for use by library staff. If possible, City shall also set aside six (6) reserved parking spaces for patrons and three (3) reserved parking spaces for library staff that are conveniently located for use by library patrons and staff near the Harrison Memorial Library main building.

6. TERM. This Agreement shall remain in full force and effect so long as City has public libraries pursuant to Chapter 5, Part 11, Division 1, Title 1 of the Education Code; provided, however, that each three years hereafter the parties shall meet and confer regarding the need (if any) to amend this Agreement.

President, Harrison Memorial Library Mayor, City of Carmel-by-the-Sea Board of Trustees

Dated:____________________________ Dated:___________________________


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ENTERING INTO A NEW MEMORANDUM OF AGREEMENT WITH THE HARRISON MEMORIAL LIBRARY BOARD OF TRUSTEES

WHEREAS, in 1992 the City Council and the Harrison Memorial Library Board of Trustees entered into a Memorandum of Agreement regarding maintenance, operation and
capital improvement costs; and

WHEREAS, the parties seek to revise said Agreement and to make it current with actual
practice and conditions and to include provisions for developing private funding to augment current service levels;

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Approve the attached Memorandum of Agreement.

2. Authorize the Mayor, on behalf of the City, to execute the Memorandum of Agreement
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 3rd day of April, 2008, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS

SIGNED:

_________________
Heidi Burch
City Clerk

ATTEST:

_______________________
SUE McCLOUD, MAYOR
City of Carmel-by-the-Sea