SONOMA COUNTY LIBRARY JOINT POWERS AGREEMENT REVIEW ADVISORY COMMITTEE MEETING AGENDA

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1 SONOMA COUNTY LIBRARY JOINT POWERS AGREEMENT REVIEW ADVISORY COMMITTEE MEETING AGENDA FRIDAY, OCTOBER 26, :00 PM TO 5:00 PM SONOMA COUNTY PERMIT & RESOURCES MANAGEMENT DEPARTMENT HEARING ROOM AT 2550 VENTURA AVE, SANTA ROSA, CA A. 3 p.m. Call to Order. B. Review and Approve Proposed Agenda C. Business Items: 1) Introductions - roster attached 2) Select Committee Chair and Vice Chair 3) Receive Basic High Level Overview of the Library s JPA and FY Budget 2-page information overview attached 4) Discuss Committee s Purpose and Objective Membership, Governance, Facilities, and Other 5) Establish Review Timeline and Approve future meetings date and location including an all-day tour of Library branches Last Friday of each following month - see attached list of proposed dates 6) Establish Next Meeting Agenda and consider suggestions received: State of the Library Overview by Library Director Tour of Library Branches Presentation of Library Commission s suggested JPA document and governance structure changes 7) Other D. Public Comment for matters not on the agenda Any member of the audience desiring to address the Committee please state your name and make your comments. In order that all interested parties have an opportunity to speak, please be brief and limit your comments to 3 minutes. Time limitations are at the discretion of the Chair. E. 5 p.m. Adjourn AGENDAS AND MATERIALS: Agendas and most supporting materials are available at county.org/libraryjpareview/ Due to legal, copyright, privacy or policy considerations, not all materials are posted online. Materials that are not posted are available for public inspection between 8:00 a.m. and 5:00 p.m., Monday through Friday, at 575 Administration Drive, Room 100A, Santa Rosa, CA

2 Sonoma County Library JPA Review Advisory Committee ROSTER 10/26/2012 Business Item # 1 Agency City of Cloverdale City of Cotati Appointee Name Bob Cox (Primary) Joe Palla (Alternate) John Dell Osso (Primary) Title Mayor Vice Mayor Councilmember Term Expires Dec Dec Nov Dianne Thompson (Alternate) City Manager N/A City of Healdsburg City of Petaluma Marjie Pettus Teresa Barrett (Primary) City Manager Councilmember N/A Dec Scott Brodhun (Alternate) Asst. City Manager N/A City of Rohnert Park City of Santa Rosa City of Sebastopol City of Sonoma Amy Ahanotu Jennifer Phillips Sarah Glade Gurney Linda Kelly (Primary) Carol Giovanatto (Alternate) Councilmember Asst. City Manager Councilmember City Manager Asst. City Manager Dec N/A Nov N/A N/A Town of Windsor David Kelley Asst. Town Manager N/A Library Commission Julia Freis Helena Whistler (Alternate) Commission Chair Commissioner Feb Jan Co. of Sonoma Mike McGuire (Primary) District 4 Supervisor Dec Efren Carrillo (Alternate) District 5 Supervisor Dec. 2016

3 10/26/12 Business Item # 3 Sonoma County Library LIBRARY BUDGET 1. Adopted Budget FY Expenditure Appropriations $16.1 million 2. FY Adopted Budget funding comes from: (a) an average 0.02% of property tax, which varies widely amongst specific Tax Rate Areas, for a total $13.9 million ( 44.7% county, 24.9% Santa Rosa, and 30.4% from remaining cities); (b) $1.1 million from fund balance including gifts & donations; and (c) $1.1 million from Fines, Fees & Miscellaneous. 3. FY total full time equivalent employees: service branches: Central SR, Cloverdale, Forestville, Guerneville, Healdsburg, NW Santa Rosa, Occidental, Petaluma, Rincon Valley, Rohnert Park - Cotati, Sebastopol, Sonoma Valley, and Windsor. JPA CHRONOLOGY County of Sonoma, City of Santa Rosa, and the Library Trustees entered into a Joint Powers Agreement (JPA) resulting in the Santa Rosa-Sonoma County Free Public Library System. JPA assigned the Board of Trustees of the City Library the administration responsibility including Cloverdale, Sebastopol, Rohnert Park, Cotati, and the unincorporated areas of the county Based on Board of Supervisors direction the County Administrator completed a report on Alternative Methods of Organizing a County-Wide Library System, with the goal of providing services to all of the citizens of the county through an equitable method of representation and financing. Library branches at that time were: Cloverdale, Healdsburg, Guerneville, Sebastopol, Rohnert Park-Cotati, Petaluma, and Sonoma. The recommendation were: 1. Form a county-wide district under Education Code Section Propose to voters a district tax rate ceiling of $0.25 under SB Make available on a matching basis county revenue sharing to cities for construction of buildings in Sebastopol, Sonoma, Petaluma, RP-Cotati, Cloverdale, Guerneville, and Healdsburg. Cost estimate share 32% by City and 68% by County. (Partially implemented). 4. Retain City of SR ownership of the Central Library and lease it to the district (due to bond requirements), while all other branches ownership title be vested in the district. (Included in 1975 JPA) Healdsburg, Petaluma, Rohnert Park, Santa Rosa, Sebastopol, Sonoma, and County of Sonoma executed JPA for Consolidation of Public Library Facilities among Cities in the County and the County-wide provision of services by the Sonoma County Library. Main agreements: Sonoma County Library Overview P a ge 1

4 a) Established and administered as a separate Public Agency under the meaning of Sections 6506 and 6507 of the Government Code and Section of the Education Code. See exhibit A - note codification for not located. b) Governed by the Library Commission appointed for 4 years as follows: 1 by Santa Rosa Council, 1 by Petaluma Council, and 5 by the Board of Supervisors. c) Commission authority to appoint Library Director d) Approval of annual budget by the Board of Supervisors e) Report on or before August 31 of each year to the Board of Supervisors and the State Librarian the condition of the Library for the year ending June 30 th f) Endeavor to equalize services to all residents based on 1973 CAO Report g) Lease Central Library building from the owner (City of SR) h) Commission to maintain and operate, based on availability of funds, the following buildings: Cloverdale, Rohnert Park-Cotati, Healdsburg, Petaluma, Santa Rosa, Sebastopol, Sonoma, and Guerneville. Where the Board of Supervisors provided $1.25 million in federal revenue sharing for facilities construction. i) Continue Library tax levy j) Establish Advisory Boards to develop recommendations to the Director and the Commission k) Amending JPA agreement must be done by unanimous consent of all agreement parties l) Termination by signatories must be done in writing to all other parties prior to January 1 st in any fiscal year to be effective on June 30 th of the same fiscal year. JPA agreement attached as Exhibit B. END OF DOCUMENT Sonoma County Library Overview P a ge 2

5 CA Codes (gov: ) GOVERNMENT CODE SECTION Exhibit A As used in this article, "public agency" includes, but is not limited to, the federal government or any federal department or agency, this state, another state or any state department or agency, a county, county board of education, county superintendent of schools, city, public corporation, public district, regional transportation commission of this state or another state, a federally recognized Indian tribe, or any joint powers authority formed pursuant to this article by any of these agencies This chapter shall be known and may be cited as the Joint Exercise of Powers Act This article does not authorize any state officer, board, commission, department, or other state agency or institution to make any agreement without the approval of the Department of General Services or the Director of General Services if such approval is required by law If authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties, even though one or more of the contracting agencies may be located outside this state. It shall not be necessary that any power common to the contracting parties be exercisable by each such contracting party with respect to the geographical area in which such power is to be jointly exercised. For purposes of this section, two or more public agencies having the power to conduct agricultural, livestock, industrial, cultural, or other fairs or exhibitions shall be deemed to have common power with respect to any such fair or exhibition conducted by any one or more of such public agencies or by an entity created pursuant to a joint powers agreement entered into by such public agencies In addition to any power common to its member districts, the Resource Conservation Energy Joint Powers Agency has the authority to finance, construct, install, and operate projects for the production of biogas and electricity from the digestion or fermentation of animal or agricultural waste. The agency may undertake these projects within its jurisdiction or outside its jurisdiction. The authority to undertake projects outside the jurisdiction of the agency is limited to the geographical areas of Fresno, Kings, Madera, Merced, San Joaquin, and Tulare Counties. Prior to undertaking a project authorized by this section outside the jurisdiction of the agency, the agency shall obtain approval of the board of supervisors of the county in which the project is to be located (a) If authorized by their legislative or other governing bodies, two or more public agencies which have the authority to identify, plan for, monitor, control, regulate, dispose of, or abate liquid, toxic, or hazardous wastes or hazardous materials may, by agreement, jointly exercise any of these powers common to the contracting parties. (b) The contracting parties may provide special services, including persons specially trained, experienced, expert, and competent to perform these special services. (c) The provisions of this section are declaratory of existing law and do not limit any authority which already exists The agreements shall state the purpose of the agreement or the power to be exercised. They shall provide for the method by which 9:58:34 AM]

6 CA Codes (gov: ) the purpose will be accomplished or the manner in which the power will be exercised (a) When property tax revenues of a county of the second class are allocated by that county to an agency formed for the purpose of providing fire protection pursuant to this chapter, those funds may only be appropriated for expenditure by that agency for fire protection purposes. (b) As used in this section, "fire protection purposes" means those purposes directly related to, and in furtherance of, providing fire prevention, fire suppression, emergency medical services, hazardous materials response, ambulance transport, disaster preparedness, rescue services, and related administrative costs. (c) This section shall not be interpreted to alter any provision of law governing the processes by which cities or counties select providers of ambulance transport services Whenever a joint powers agreement provides for the creation of an agency or entity that is separate from the parties to the agreement and is responsible for the administration of the agreement, such agency or entity shall, within 30 days after the effective date of the agreement or amendment thereto, cause a notice of the agreement or amendment to be prepared and filed with the office of the Secretary of State. The agency or entity shall furnish an additional copy of the notice of the agreement or amendment to the Secretary of State, who shall forward the copy to the Controller. The notice shall contain: (a) The name of each public agency that is a party to the agreement. (b) The date that the agreement became effective. (c) A statement of the purpose of the agreement or the power to be exercised. (d) A description of the amendment or amendments made to the agreement, if any. Notwithstanding any other provision of this chapter, any agency or entity administering a joint powers agreement or amendment to such an agreement, which agreement or amendment becomes effective on or after the effective date of this section, which fails to file the notice required by this section within 30 days after the effective date of the agreement or amendment, shall not thereafter, and until such filings are completed, issue any bonds or incur indebtedness of any kind Whenever an agency or entity files a notice of agreement or amendment with the office of the Secretary of State pursuant to Section , the agency or entity shall file a copy of the full text of the original joint powers agreement, and any amendments to the agreement, with the Controller Within 90 days after the effective date of this section, any separate agency or entity constituted pursuant to a joint powers agreement entered into prior to the effective date of this section and responsible for the administration of the agreement shall cause a notice of the agreement to be prepared and filed with the office of the Secretary of State. The agency or entity shall also furnish an additional copy of the notice of the agreement to the Secretary of State who shall forward the copy to the Controller. The notice shall contain all the information required for notice given pursuant to Section Notwithstanding any other provision of this chapter, any joint powers agency that is required and fails to file notice pursuant to this section within 90 days after the effective date of this section shall not, thereafter, and until such filings are completed, issue any bonds, incur any debts, liabilities or obligations of any kind, or in any other way exercise any of its powers. For purposes of recovering the costs incurred in filing and processing the notices required to be filed pursuant to this section and Section , the Secretary of State may establish a schedule of fees. Such fees shall be collected by the office of the Secretary of State at the time the notices are filed and shall not exceed the reasonably anticipated cost to the Secretary of State of performing the work to which the fees relate. 9:58:34 AM]

7 CA Codes (gov: ) The parties to the agreement may provide that (a) contributions from the treasuries may be made for the purpose set forth in the agreement, (b) payments of public funds may be made to defray the cost of such purpose, (c) advances of public funds may be made for the purpose set forth in the agreement, such advances to be repaid as provided in said agreement, or (d) personnel, equipment or property of one or more of the parties to the agreement may be used in lieu of other contributions or advances. The funds may be paid to and disbursed by the agency or entity agreed upon, which may include a nonprofit corporation designated by the agreement to administer or execute the agreement for the parties to the agreement (a) The agreement shall provide for strict accountability of all funds and report of all receipts and disbursements. (b) In addition, and provided a separate agency or entity is created, the public officer performing the functions of auditor or controller as determined pursuant to Section , shall either make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of every agency or entity, except that the officer need not make or contract for the audit in any case where an annual audit of the accounts and records of the agency or entity by a certified public accountant or public accountant is otherwise made by any agency of the state or the United States only as to those accounts and records which are directly subject to such a federal or state audit. In each case the minimum requirements of the audit shall be those prescribed by the Controller for special districts under Section and shall conform to generally accepted auditing standards. (c) When an audit of an account and records is made by a certified public accountant or public accountant, a report thereof shall be filed as public records with each of the contracting parties to the agreement and also with the county auditor of the county where the home office of the joint powers authority is located and shall be sent to any public agency or person in California that submits a written request to the joint powers authority. The report shall be filed within 12 months of the end of the fiscal year or years under examination. (d) When a nonprofit corporation is designated by the agreement to administer or execute the agreement and no public officer is required to perform the functions of auditor or controller as determined pursuant to Section , an audit of the accounts and records of the agreement shall be made at least once each year by a certified public accountant or public accountant, and a report thereof shall be filed as a public record with each of the contracting parties to the agreement and with the county auditor of the county where the home office of the joint powers authority is located, and shall be sent to any public agency or person in California that submits a written request to the joint powers authority. These reports shall be filed within 12 months after the end of the fiscal year or years under examination. (e) Any costs of the audit, including contracts with, or employment of certified public accountants or public accountants, in making an audit pursuant to this section shall be borne by the agency or entity and shall be a charge against any unencumbered funds of the agency or entity available for the purpose. (f) All agencies or entities may, by unanimous request of the governing body thereof, replace the annual special audit with an audit covering a two-year period. (g) Notwithstanding the foregoing provisions of this section to the contrary, agencies or entities shall be exempt from the requirement of an annual audit if the financial statements are audited by the Controller to satisfy federal audit requirements The contracting parties to an agreement made pursuant to this chapter shall designate the public office or officers or person or persons who have charge of, handle, or have access to any property of the agency or entity and shall require such public officer or officers or person or persons to file an official bond in an amount to be fixed by the contracting parties If a separate agency or entity is created by the agreement, the agreement shall designate the treasurer of one of the contracting parties, or in lieu thereof, the county treasurer of a 9:58:34 AM]

8 CA Codes (gov: ) county in which one of the contracting parties is situated, or a certified public accountant to be the depositary and have custody of all the money of the agency or entity, from whatever source. The treasurer or certified public accountant so designated shall do all of the following: (a) Receive and receipt for all money of the agency or entity and place it in the treasury of the treasurer so designated to the credit of the agency or entity. (b) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all agency or entity money so held by him or her. (c) Pay, when due, out of money of the agency or entity held by him or her, all sums payable on outstanding bonds and coupons of the agency or entity. (d) Pay any other sums due from the agency or entity from agency or entity money, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been designated by the agreement. (e) Verify and report in writing on the first day of July, October, January, and April of each year to the agency or entity and to the contracting parties to the agreement the amount of money he or she holds for the agency or entity, the amount of receipts since his or her last report, and the amount paid out since his or her last report. The officer performing the functions of auditor or controller shall be of the same public agency as the treasurer designated as depositary pursuant to this section. However, where a certified public accountant has been designated as treasurer of the entity, the auditor of one of the contracting parties or of a county in which one of the contracting parties is located shall be designated as auditor of the entity. The auditor shall draw warrants to pay demands against the agency or entity when the demands have been approved by any person authorized to so approve in the agreement creating the agency or entity. The governing body of the same public entity as the treasurer and auditor specified pursuant to this section shall determine charges to be made against the agency or entity for the services of the treasurer and auditor. However, where a certified public accountant has been designated as treasurer, the governing body of the same public entity as the auditor specified pursuant to this section shall determine charges to be made against the agency or entity for the services of the auditor In lieu of the designation of a treasurer and auditor as set forth in Section , the agency or entity may appoint one of its officers or employees to either or both of such positions. Such offices may be held by separate officers or employees or combined and held by one officer or employee. Such person or persons shall comply with the duties and responsibilities of the office or offices as set forth in subdivisions (a) to (d), inclusive, of Section In the event the agency or entity designates its officers or employees to fill the functions of treasurer or auditor, or both, pursuant to this section, such officers or employees shall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Section The agency or entity provided by the agreement to administer or execute the agreement may be one or more of the parties to the agreement or a commission or board constituted pursuant to the agreement or a person, firm or corporation, including a nonprofit corporation, designated in the agreement. One or more of the parties may agree to provide all or a portion of the services to the other parties in the manner provided in the agreement. The parties may provide for the mutual exchange of services without payment of any consideration other than such services For the purposes of this article, the agency is a public entity separate from the parties to the agreement The agency shall possess the common power specified in the agreement and may exercise it in the manner or according to the method provided in the agreement. If the agency is not one or more of the parties to the agreement but is a public entity, commission or 9:58:34 AM]

9 CA Codes (gov: ) board constituted pursuant to the agreement and such agency is authorized, in its own name, to do any or all of the following: to make and enter contracts, or to employ agents and employees, or to acquire, construct, manage, maintain or operate any building, works or improvements, or to acquire, hold or dispose of property or to incur debts, liabilities or obligations, said agency shall have the power to sue and be sued in its own name. Any authorization pursuant to the agreement for the acquisition by the agency of property for the purposes of a project for the generation or transmission of electrical energy shall not include the condemnation of property owned or otherwise subject to use or control by any public utility within the state. The governing body of any agency having the power to sue or be sued in its own name, created by an agreement entered into after the amendment to this section at the 1969 Regular Session of the Legislature, between parties composed exclusively of parties which are cities, counties, or public districts of this state, irrespective of whether all such parties fall within the same category, may as provided in such agreement, and in any ratio provided in the agreement, be composed exclusively of officials elected to one or more of the governing bodies of the parties to such agreement. Any existing agreement composed of parties which are cities, counties or public districts which creates a governing board of any agency having the power to sue or be sued may, at the option of the parties to the agreement, be amended to provide that the governing body of the created agency shall be composed exclusively of officials elected to one or more of the governing boards of the parties to such agreement in any ratio agreed to by the parties to the agreement. The governing body so created shall be empowered to delegate its functions to an advisory body or administrative entity for the purposes of program development, policy formulation, or program implementation, provided, however, that any annual budget of the agency to which the delegation is made must be approved by the governing body of the Joint Powers Agency. In the event that such agency enters into further contracts, leases or other transactions with one or more of the parties to such agreement, an official elected to the governing body of such party may also act in the capacity of a member of the governing body of such agency If the agency is not one or more of the parties to the agreement but is a public entity, commission, or board constituted pursuant to the agreement, the debts, liabilities, and obligations of the agency shall be debts, liabilities, and obligations of the parties to the agreement, unless the agreement specifies otherwise. A party to the agreement may separately contract for, or assume responsibility for, specific debts, liabilities, or obligations of the agency Such power is subject to the restrictions upon the manner of exercising the power of one of the contracting parties, which party shall be designated by the agreement Any separate agency or entity created pursuant to this chapter shall have the power to invest any money in the treasury pursuant to Section that is not required for the immediate necessities of the agency or entity, as the agency or entity determines is advisable, in the same manner and upon the same conditions as local agencies pursuant to Section of the Government Code. If a nonprofit corporation is designated by the agreement to administer or execute the agreement for the parties to the agreement, it shall invest any moneys held for disbursement on behalf of the parties in the same manner and upon the same conditions as local agencies pursuant to Section Notwithstanding any other law, a joint powers authority created pursuant to this chapter may purchase or acquire, by sale, assignment, pledge, or other transfer from a local agency, and any local agency may sell, assign, pledge, or transfer to a joint powers authority any or all of that local agency's right, title, and interest in and to an assessment contract authorized by Chapter 29 (commencing with Section ) of Part 3 of Division 7 of the Streets and Highways Code, including any related lien, right, subsidy, or other right and receivable, and the enforcement and 9:58:34 AM]

10 Joint Powers Agreement, Sonoma County Library Page 1 of7 JOINT POWERS AGREEMENT FOR CONSOLIDATION OF PUBLIC LIBRARY FACILITIES AMONG CITIES IN THE COUNTY OF SONOMA AND THE COUNTY-WIDE PROVISION OF LIBRARY SERVICES BY THE SONOMA COUNTY LIBRARY AGREEMENT made and entered into under the joint exercise of powers provisions of the Government Code of the State of California, by the COUNTY OF SONOMA, hereinafter called "COUNTY," the CITY OF SANTA ROSA, the CITY OF HEALDSBURG, the CITY OF PETALUMA and the CITY OF SONOMA, all cities situated in the County of Sonoma, State of California. WHEREAS, the COUNTY and the CITY OF SANTA ROSA are parties to an "Agreement for Library Services" dated December 28, 1964, in accordance with which the functions of the County Free Library have, since July 1, 1965, been administered by the Board of Trustees of the City of Santa Rosa Library within the unincorporated portions of the County and within those cities to which COUNTY is obligated to provide library service, which cities presently include the City of Cloverdale, the City of Cotati, the City of Rohnert Park, and the City of Sebastopol, and WHEREAS, the City of Sonoma entered into an agreement with the Santa Rosa-Sonoma County Public Library, hereinafter called "CITY-COUNTY LIBRARY," dated May 13, 1969, under which the maintenance and operation of the Sonoma Public Library are presently combined with that of the CITY-COUNTY LIBRARY, and WHEREAS, the other cities signatory of this agreement are presently maintaining libraries for the purpose of providing free public library service for the inhabitants and taxpayers of their respective cities, and WHEREAS, the cities and the COUNTY are desirous of further consolidating the public libraries of the County to the end that a better and more efficient public library system with equalization of tax rates be attained thereby, and WHEREAS, in pursuance of the above the governing bodies of all parties to this agreement desire to consolidate their existing public library services as a joint exercise of power under Chapter 5, Division 7, Title I, of the Government Code of California, and WHEREAS, it is the intention of the parties that the continuing operation of free public library services throughout the County of Sonoma, pursuant to this agreement, be provided by the Sonoma County Library, operating as a County Library, with all of the legal powers and privileges of a County Library; now therefore BE IT AGREED, by and between the parties hereto as follows: 1. Consolidation. On the operative date of this agreement the Santa Rosa-Sonoma County Free Public Library, and the respective libraries of the Cities which are signators hereto shall be functionally merged into a consolidated public library, to be known as the Sonoma County Library, hereinafter called "Library." This library is deemed to be established pursuant to Chapter 2 (commencing with Section 27151) of Division 20 of the Education Code, and to be a County Free Public Library as defined in Section 2216 of the Revenue and Taxation Code. 2. Public Agency. The Sonoma County Library as so established shall be administered as if it were a separate public agency, under the meaning of Sections 6506 and 6507 of the Government Code and Section of the Education Code. It shall have all of the corporate powers afforded by law to the County Library and shall be governed by the Library Commission established in the following provision of this Agreement, which shall have exclusive jurisdiction over the maintenance and operation of the library. Its members shall serve without compensation but may be paid actual expenses incurred in the performance of their duties. 3. Commission. The Commission shall consist of seven (7) members to be appointed as follows: (a) One member by the Santa Rosa City Council. (b) One member by the Petaluma City Council. (c) Five members by the Board of Supervisors of Sonoma County. Of the five, one member shall be a resident of each Supervisorial District of the County as these presently exist or as they may be changed from time to time. (No one of the five shall be a resident of any City the property in which is not taxed for the support of the Library.) 4/6/2012

11 Joint Powers Agreement, Sonoma County Library Page 2 of7 (d) The members of the Commission appointed by the Board of Supervisors shall be appointed as follows: two for terms of one year each; two for terms of two years each; one for a term of three years. Members of the Commission subsequently appointed by the Board of Supervisors shall hold office for four years. (e) Members of the Commission appointed by the City Councils shall hold office for four years. (f) The Board of Supervisors shall give consideration to the appointment of as many current members of the CITY-COUNTY LIBRARY Board of Trustees as is consistent with this Agreement. (g) Upon the expiration of the term of a member of the Commission, the vacancy shall be filled by the same body which made the appointment of the member whose term has expired. (h) A vacancy shall be filled for an unexpired term by the same body which made the appointment to the position so vacated. 4. Officers. The Commissioners shall be appointed before the operative date of this Agreement. Within two weeks of this appointment the Commissioners shall meet and organize by the election of such officers as they deem necessary. 5. Transfer of Authority. From the operative date of this Agreement the Commission shall assume the authority and responsibility presently exercised by the Board of Trustees of the CITY-COUNTY LIBRARY. The Commission shall, by delegation of the Board of Supervisors of Sonoma County made by this present agreement, and acting as a body corporate under the joint exercise of powers law of the State of California, administer the said library. Employees of the CITY-COUNTY LIBRARY shall become employees of the Commission, not of the County. Title to all library materials, supplies, furniture and equipment held by the CITY-COUNTY LIBRARY, or in the custody of the CITY-COUNTY LIBRARY shall pass to the Commission. Library vehicles owned by the City of Santa Rosa but purchased from City-County Library funds, as hereinafter specified, shall become the property of the Commission, and all unused monies received on their account in the City's Equipment and Replacement Fund shall be paid over to the Commission: bookmobile number ; delivery van number ; and bookmobile number County agrees to provide housing, maintenance, fuel and depreciation funds, all to be paid for by the Commission from its budget, the same as for all County vehicles. All library operating and reserve funds or trust funds under the control of the CITY-COUNTY LIBRARY Board shall be paid over to the Commission. The Commission shall assume the rights and obligations of the CITY-COUNTY LIBRARY under all existing agreements, except those enumerated below which are specifically superseded by this Agreement. Existing agreements whose rights and obligations shall be assumed by the Commission include lease agreements for branch library quarters; maintenance and service agreements for buildings and grounds; agreements for custodial services; equipment maintenance and service agreements; equipment rental agreements; bookkeeping and data-processing agreements; agreements for services made with and on behalf of the North Bay Cooperative Library System. From and after the operative date of this Agreement the Commission shall provide library services to the City of Petaluma and the City of Healdsburg in the manner prescribed in paragraph 18 of this Agreement. The Commission shall have custody and control of the book collection and other personal property presently contained in the Petaluma Public Library and the Healdsburg Public Library which is under the management of the Petaluma Board of Library Trustees and the Healdsburg Board of Library Trustees, respectively. From and after the operative date of this agreement the Commission shall have the supervision, care and custody of all property for the Library, including rooms or buildings constructed, leased or set apart therefor. 6. General Authority. Subject to any restrictions contained in this agreement, the Commission is authorized in its own name, as provided in Section 6508 of the Government Code, to do any or all of the following: (a) To make and enter into contracts. (b) To employ agents and employees. (c) To acquire, construct, manage, maintain or operate any buildings, works or improvements. (d) To acquire, hold or dispose of property. 4/612012

12 Joint Powers Agreement, Sonoma County Library Page 3 of7 (e) To incur debts, liabilities or obligations which do not constitute the debt, liability or obligations of any of the parties to this instrument. (f) To issue revenue bonds or revenue-type bonds to the fullest extent not prohibited by law. (g) To sue and be sued. 7. Director. The Commission shall appoint a library director, who shall meet the qualifications of a county librarian as provided in Section of the Education Code. The library director shall, subject to the general rules adopted by the Commission, build up and manage, according to accepted principles of library management, a library for the use of the people of the County, and shall, subject to budgetary limitations, determine what books and other library equipment shall be purchased. 8. Employees. The Commission shall adopt policies, rules and regulations for personnel relations, employment and administration, except that the number of employees, classification and compensation (wages, hours and conditions of employment) shall be subject to approval by the Board of Supervisors. 9. Budget. The Commission shall submit annually to the County Board of Supervisors a budget containing estimates in detail of the amount of money necessary for the Library for the ensuing year, together with an estimate of revenues other than tax revenues which are anticipated. The Commission's proposed budget shall be reviewed in standard manner by the County Administrator, who shall make his recommendations in its regard to the Board of Supervisors. The estimate of total expenditures, as finally fixed and adopted by the Board of Supervisors, constitutes the appropriation for the Library for period to which the budget is intended to apply. The Commission shall have authority to expend funds within the appropriation for the Library as defined in this section, except that the monies specified in the Commission's budget for any of the following major categories shall not be exceeded without a transfer or other appropriate augmentation of said budget category by the Board of Supervisors: Salaries and Employee Benefits; Services and Supplies; Fixed Assets; and each major sub-category of Fixed Assets. 10. Tax Levy. The Board of Supervisors shall annually levy, in the same manner and at the same time as other county taxes are levied, and in addition to all other taxes, a tax upon all property in the county outside of cities and upon all property within cities which are or elect to become a part of any county free library system, for the purpose of purchasing property for, establishing and maintaining the County Library. 11. Library Fund. The revenue derived from the tax, together with all money acquired by gift, devise, bequest, or otherwise, by or for the Library, shall be paid into the County treasury to the credit of a fund to be designated the "County Library Fund," and shall be paid out for the purposes authorized in this Agreement on the order of the Commission, signed by the chairman and secretary. The Treasurer of the County of Sonoma shall be the depository and have custody of all the money of the Commission from whatever source, and shall, to the fullest extent not prohibited by law, invest any surplus or trust funds, for the benefit of the Commission. The Auditor of the County of Sonoma shall account for all funds belonging to the Commission and shall prepare reports of all receipts and disbursements in accordance with standard accounting procedures. The County Auditor shall make, or cause to be made, an annual audit of the accounts and records of the Commission, which audit shall meet the minimum requirements prescribed by the State Controller under Section of the Government Code. A report of the audit shall be filed as public records with each of the contracting parties to the agreement and with the County Auditor within twelve months of the end of the fiscal year under examination. All persons employed by the Commission will be deemed to be persons who have charge over, handle, or have access to the property of the Commission. They shall be required as a condition of employment to qualify for and be covered by the fidelity bond or fidelity insurance coverage carried by the County of Sonoma, or like coverage afforded directly by the Commission. The parties to this Agreement hereby fix the amount of such coverage as that which is from time to time specified by the County of Sonoma for the blanket fidelity coverage of its officers and employees other than those who are, required by law to provide special bonds. 12. Warrants. Upon receipt by the County Auditor of an order of the Commission, he shall issue his warrant upon the County Treasurer for the amount stated in the order, provided, however, that 4/6/2012

13 Joint Powers Agreement, Sonoma County Library Page 4 of7 the Commission shall approve no claim, and the auditor shall issue no warrant for any expenditure in excess of the budget appropriation as specified in Section 9 above except as provided by law. The Library Director may be authorized by resolution of the Commission to pay all claims which do not individually exceed a specified amount of money. The Library Director shall, without further authorization by the Commission, make payments under any contract or agreement previously approved by the Commission where the payments are set forth in said agreement. 13. Special Funds. If payment into the County Library Fund is inconsistent with the conditions or terms of any gift, devise, bequest, or agreement the Commission shall provide for the safety and preservation of the latter, and the application thereof to the use of the Library, in accordance with law and the terms and conditions of the gift, devise, bequest or agreement, by the use of trust fund or funds. 14. Administration of Trusts. The Commission may, to the fullest extent not prohibited by law, administer any trust declared or created for the Library, and receive by gift, devise, or bequest and hold in trust or otherwise, property situated in this State or elsewhere, and where not otherwise provided, dispose of the property for the benefit of the Library. 15. Report. The Commission shall, on or before August 31 in each year, report to the Board of Supervisors and to the State Librarian on the condition of the Library, for the year ending June 30th preceding. The reports shall, in addition to other matters deemed expedient by the Commission, contain such statistical and other information as is deemed desirable by the State Librarian, in accordance with Section of the Education Code. 16. North Bay Cooperative Library System. In reference to the "Supplement to Agreement of 1960 entitled 'In Regard to North Bay Cooperative Library System' containing a further Agreement for Joint Exercise of the Powers of the contracting parties and the establishment of the North Bay Cooperative Library System as a separate Agreement for the exercise of such powers," adopted the 13th day of May, 1964, the Library established pursuant to this Agreement is deemed to be the successor of the Santa Rosa-Sonoma County Public Library, and of the libraries of the following agencies which were signatories to the 1964 agreement or subsequently became parties to it: The County of Sonoma, the City of Cloverdale, the City of Healdsburg, the City of Petaluma, the City of Santa Rosa, the City of Sebastopol and the City of Sonoma. The Library is hereby assigned the interests of the parties to this agreement in the North Bay Cooperative Library System. 17. Public Library Services Act. It is the intention of this Agreement that the Library established hereby be assisted in affecting a functional consolidation of any libraries not already so consolidated by procurement of establishment grants under the Public Library Service Act of 1963 and Section of Title V of the California Administrative Code. The Commission shall take all necessary and proper steps to apply for and receive such grants, and in so doing shall secure the approval of the local library advisory committee in any city the consolidation of whose library qualifies the Commission for such grant. It is also the intention of this Agreement that the Library established hereby does and continues to qualify under the Public Library Services Act of 1963 in accordance with Section of the Education Code. 18. Level of Service. It is the intention of this Agreement that the library service presently offered by the parties hereto be continued at least at current levels. For the purpose of this agreement "levels of service" shall be defined as including, but not limited to, size and quality of collection; hours of service; and qualifications of staff. The Library shall maintain these minimum levels and shall increase them as increased efficiency and budget will permit. Consistent with the equalization of tax rates attained hereby the Library shall endeavor to provide an equal level of service to all residents of the County within its service area in accordance with accepted principles of library management. Such equalization of service shall be based upon the elements, locations and standards recommended in the Report on Alternative Methods of Organizing a County-wide Library System, prepared by the Office of the County Administrator, September, Current Employees. (a) The Library shall offer employment to all employees of the Healdsburg and Petaluma City Libraries whose service is terminated by reason of the execution of this agreement. Once employed by the Library such employees shall not be transferred to another place of employment without their consent. (b) Employees of the CITY-COUNTY LIBRARY and employees described in paragraph (a) above shall be retained in positions similar to those which they presently occupy, at no reduction in 4/612012

14 Joint Powers Agreement, Sonoma County Library Page 5 of7 salary and with employee benefits which are generally comparable. Continued employment of said employees shall be subject to the Commission's policies, rules and regulations for personnel relations, employment and administration. (c) The Commission shall enter into a contract with the California Public Employees Retirement System within ninety days of the effective date of this Agreement. (d) Employees described in paragraph (b) above shall be credited by the Library with any unused vacation or sick leave to which they may be entitled at the termination of their service with their current employer. The Library shall not be liable for such benefits or for any terminal payments to persons who decline to accept employment in the Library. (e) The City of Santa Rosa agrees to provide health insurance coverage at Commission cost under its group plan to all employees described in paragraph (b) above for a period of one year from the effective date of this agreement at the election of the Commission. 20. Central Library Building. In consideration of its unique and important role in the provision of countywide library service, the Library shall have exclusive occupancy and control of the Central Library building and grounds in Santa Rosa, and effective July 1, 1975, shall pay to the owner, the City of Santa Rosa, at such times as payments are due to be made by the City, such sums as are necessary to retire the outstanding bonded indebtedness, both principal and interest, for which the City is liable on account of this building, these amounts being $1,000,000 and $355,895 respectively. Upon retirement of all outstanding indebtedness on said building the Library shall continue to occupy and control it without further service from the Library. In the event the City of Santa Rosa terminates its participation in this agreement, and provided the County of Sonoma continues its participation in this agreement, the Commission shall have the right to lease such portions of the Central Library as are essential for the operation of the County Library, under terms which are mutually agreeable to the Commission and the City of Santa Rosa. 21. Regional Library Buildings. The Commission shall, subject to the availability of funds, maintain and operate regional branch library buildings in any or all of the following urban centers: Cloverdale, Cotati-Rohnert Park, Healdsburg, Petaluma, Santa Rosa, Sebastopol and Sonoma, and in the unincorporated community of Guerneville. Any of the above municipalities may construct library buildings to be maintained and operated by the Commission provided the same meet the minimum standards established by the Commission for such facilities. The Board of Supervisors shall provide federal revenue sharing funds in the amount of $1,250,000 toward construction of the above facilities, in accordance with a matching-fund formula determined by the County. The Board of Supervisors shall assist local areas to raise the necessary funds through the establishment of special library taxing zones, adoption of ordinances permitting the sale of revenue bonds, or other procedures deemed beneficial by the affected communities. Title to any new library facility part of whose construction costs are borne by a municipality shall be retained by the municipality. Each library facility which is constructed under this Agreement shall bear the name of the community in which it is Situated, and shall be dedicated, inscribed and otherwise memorialized as the authorities of that community shall prescribe. In each instance in which a city shall construct a library building under this Agreement, to be maintained and operated by the Commission, the County Library Director shall advise the City in all matters regarding the design, construction and equipment of said building. The local Library Advisory Board shall likewise advise the City on these matters. The architects retained by the cities and the County for the construction of library buildings under this Agreement shall consult with the Director as often as the latter deems necessary to the proper exercise of his responsibilities. Approval of the Commission shall be required for all plans, designs and specifications for said buildings except that building now under design in the City of Petaluma. Upon completion and acceptance each such library facility shall be under the exclusive occupancy and control of the Commission so long as the city in which title to said facility is vested continues to receive service from the Commission. (No city which is a party hereto is bound by this Agreement to provide or 4/612012

15 Joint Powers Agreement, Sonoma County Library Page 6 of7 participate in the provision of additional buildings for library purposes.) 22. Tax Levies in Cities. (a) The Board of Supervisors shall continue to levy a county library tax as specified in Section 10 above in the cities of Cloverdale, Cotati, Rohnert Park and Sebastopol, which cities are currently within the County Library tax and service area. (b) The cities which are parties to this Agreement shall each, in the fiscal year commencing July 1 on or following the operative date of this Agreement, and in all subsequent years during the life of this Agreement unless and until it joins the County library tax area, levy a library tax or its equivalent upon the property within its boundaries equal in rate to the tax levied by the Board of Supervisors in the area subject to the County library tax, and each city shall pay over the proceeds of its city library tax levy or its equivalent when received to the Commission. As used in this paragraph "proceeds of their city library tax levies" are deemed to include (1) realty and secured property taxes; (2) unsecured personal property taxes; (3) delinquent secured and unsecured property taxes for the prior year; (4) State subventions on account of Homeowner's Property Tax Relief and Business Inventory Tax Relief for both secured and unsecured property; and (5) any other State subventions granted for property tax relief. (c) In the initial year of this agreement the cities of Healdsburg and Petaluma shall each pay over to the Commission an amount equal to the estimated costs which each city would have incurred in the operation of its separate library for the current fiscal year, including employee benefits and other costs which may not be included in its library budget proper, in consideration of its relief of such costs by the operation of this agreement. It is agreed that in the case of Healdsburg such estimated costs are $40,000, and in the case of Petaluma such estimated costs are $155,000. In the initial year of this agreement the City of Santa Rosa shall pay over to the Commission when received all monies derived from a library tax rate of 19 cents and, from its Retirement Fund, an amount equal to the estimated cost which the City would have incurred on account of retirement contributions for library employees, said estimated retirement cost being $60,821. From each of the sums or proceeds specified in this paragraph there shall be deducted any amounts expended by the cities from July 1, 1974 to the operative date of this agreement. (d) Pursuant to Section of the Education Code any city in the County may elect to become a part of the county free library system and to be taxed accordingly. When any city has entered the county library tax area it shall no longer be liable for any tax funds for the operation of the County Library. 23. Agreements Superseded. On the operative date of this Agreement, or as soon thereafter as is consistent with law or the terms thereof, the following agreements shall be terminated by this instrument or by action of the Commission as successor to the CITY-COUNTY LIBRARY; (a) Agreement for Library Service entered into by and between the County of Sonoma and the City of Santa Rosa and its Board of Library Trustees on the 28th day of December, (b) Agreement for Functional Consolidation of Library Services between the City Council of the City of Sonoma and its Board of Trustees acting jointly and the Santa Rosa-Sonoma County Public Library, entered into on the 12th day of May, (c) Exchange of Services Agreement made and entered into on the 21st day of January, 1963, by and between the County of Sonoma and the City of Petaluma acting by and through its Board of Library Trustees. (d) Agreement by and between the Board of Trustees of the Santa Rosa-Sonoma County Free Public library and the Board,of Trustees of the Healdsburg Public Library entered into on the 25th day of June, Advisory Boards. The Commission shall establish advisory boards in regions of the county centering upon the urban areas designated in Section 21 above, and shall maintain these boards so long as they are desired by the communities which they represent. The advisory boards shall organize and meet as they shall each determine, and shall make recommendations to the library director and the Commission on all matters affecting library service in the regions which they represent. The library boards, library advisory boards and library advisory committees which presently exist, and the members thereof, shall be designated to be the initial regional Library Advisory Boards established pursuant to this section. 4/612012