R-7851
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CA:RMM:lmcd207/hpca
City council Meeting
Santa Monica, California
RESOLUTION NUMBER 7851(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA TO DISSOLVE THE PUBLIC LIBRARY
FILM CIRCUIT COMMISSION, A JOINT POWERS AGENCY, AND
TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE
SOUTHERN CALIFORNIA LIBRARY FILM CIRCUIT COMMISSION,
A JOINT POWERS AGENCY
WHEREAS, the City of Santa Monica has determined that its
continuing participation in the Public Library Film Circuit
Commission ("PLFcn) no longer meets the needs of the City with
regard to participation in a film circuit maintaining 16
millimeter films because of the declining number of cities who
are members of PLFC: and
WHEREAS, the City has determined that its participation in
the larger Southern California Library Film Circuit Commission
(nSCFCIr) would better meet the City's needs for participation in
a film circuit offering the use of 16 millimeter films to the
public,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves the dissolution of
the Public Library Film Circuit Commission, a joint powers
agency, and authorizes the city Manager to execute a Termination
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Agreement substantially in the form attached hereto as Attachment
A.
SECTION 2. The City council approves the City's entering
into the Southern California Library Film Circuit commission and
authorizes the city Manager to execute the Joint Powers Agreement
for the SCFC in substantially the form attached hereto as
Attachment B.
SECTION 3.
The City Council hereby designates the city
Librarian as its representative on the SCFc, as required by
Section III of the SCFC Joint Powers Agreement.
SECTION 4.
The City Manager is further authorized to
execute such other documents as may be necessary to effect the
termination of the Public Library Film Circuit Commission and to
join the southern California Library Film Circuit commission.
SECTION 5. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 25th day of July, 1989.
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I hereby certify that the foregoing Resolution No. 7851(CCS)
was duly adopted by the City Council of the City of Santa Monica
at a meeting thereof held on July 25, 1989 by the following
Council vote:
Ayes:
Councilmembers:
Abdo, Finkel, Genser, Jennings,
Katz, Reed, Mayor Zane
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent: Councilmembers:
None
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TERMINATION OF JOINT POWERS AGREEMENT
WHEREAS, the following public agencies: the City of Santa
Monica, the City of Beverly Hills, the City of Santa Fe Springs,
and the Yorba Linda Library District are the sole remaining
members of the Public Library Film circuit Commission ("PLFC
commission"), created by that certain Joint Powers Agreement
(JlJPAII) attached hereto as Attachment Ai and
WHEREAS, pursuant to Section VII IITerminationll of the JPA,
a majority of the members of the PLFC Commission may vote to
terminate the JPA at any time; and
WHEREAS, the four remaining members of the PLFC Commission
have voted unanimously to terminate the PLFC Commission; and
WHEREAS, Government Code Section 6510 of Article I, Chapter
5, Division 7, Title I of the Government Code authorizes the
termination or rescission of a joint powers agreement pursuant to
its terms,
NOW, THEREFORE, the parties hereto hereby agree as follows:
I. Purpose.
This Agreement is made under the provisions of Article I,
Chapter 5, Division 7, Title I of the Government Code of the
State of California for the purpose of terminating the JPA
attached hereto as attachment A.
II. Termination.
The parties hereby elect as follows:
A. To terminate the JPA pursuant to section VII of the
JPA, effective as of the date of this Agreement.
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B. To waive the requirement upon termination set forth in
section VII of the JPA that all properties, including all 16
millimeter films, owned by the PLFC commission at the time of the
termination be sold and the receipts therefrom deposited in the
PLFC Commission's account to be divided equally among the
remaining public agencies. Instead, the parties have agreed that
the city of Yorba Linda may retain one-quarter of the 16
millimeter films owned by the PLFC Commission and that the three
other public agencies may donate the remaining three-quarters of
the properties owned by the PLFC comm'lssion to the Southern
California Library Film Circuit Commission, which the three other
public agencies intend to join.
C. The parties hereby agree to waive the preparation of a
final annual report including a certified audit of all receipts
and disbursements, and each party hereby releases each and every
other party from any and all claims of whatsoever nature which
such party may have against another party arising out of or by
virtue of the JPA.
III. Counterparts.
This Agreement may be executed
each of which is an original, and
constitute one and the same document.
in several counterparts,
all of which together
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IN WITNESS WHEREOF, the parties hereto have caused this
1989.
Agreement to be executed this ____ day of
CITY OF SANTA MONICA
a municipal corporation
By
JOHN JALILI
City Manager
APPROVED AS TO FORM:
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ROBERT M. MYERS
city Attorney
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IN WITNESS WHEREOF I the parties hereto have caused this
Agreement to be executed this day of
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1989.
CITY OF BEVERLY HILLS,
a municipal corporation
By
Name:
Title:
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed this day of
1989.
CITY OF SANTA FE SPRINGS,
a municipal corporation
By
Name:
Title:
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed this ____ day of
,
1989.
YORBA LINDA LIBRARY DISTRICT
By
Name:
Title:
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JOINT FOWERS AGREEMENT
~"..4S. the fol.loviDg public agellcie.: the CITY OF PASADENI., the
em OF SOUTH PASADENA. ~e ern OF AIJIAMBRA. the CITY OF GLENDALE. the
CITY OJ' BURBANK. the CITY OF VBIn'IER. the eln OJ' il'!.~r.R'J.'ON, the em
OF ORAJttU:. the ClTl OF BlVERSIDE, the ern OF SA.N BERNAllDINO. Imd
BUENA PARK LIBRARY DISTRICT. and the crn OF ARCADIA. and .ach of them.
aaiDtai.n llDd operate, as a di.inoD of .geDc,. of local so..rDlllent. a
Public LibrU7i aDd
WBERJ'AS. each of the public ageDcies proTides t'le Deceaaary public
funds for the operatioD of the public libraries; aDd
W"JiEREAS. .ach of the public &geDciee: has the power to .pproTe the
ezpeDl!1ture of funda on the part of the public librery for the procuring
of Alms to be ...de a.ail.ble to peraoDS utilizing the pu"Olic library
f.cilities; and
WHEREAS, it bas beell found aDd determined that the creat10ll of .
comm~D film or au~o YiBUal inTentory 111 wh1ch the respectiTe public
Ubrary of .aeh of the public agencies IIiay participate will gteatly
illcrease the ....&1lab11i t,. of . IIOre exteui ve supply of fillllll or audJ.o
visual _ha, therebl prodding ad4itioD&.l beDefit to IIl.l JIe,.ow> 1Uo~
the respectiTe library facUities as the slUIIe are maintained by each of
the public ageDcie.; aDd
WHEREAS, the public agellcie. are authorised to contract with .ach
other for the joint .xerc1ee of tuly COllllDGD power under Article I. Chapter
5. DiyiS10D 1. Title I. of the GoverD8ent Code of tbe Stat. of California;
NOW. 1'HEREPORE. THE FOLLOWIJiG CONTRACrIri2 public as_Debs: the
CITY OF PASADENA., the em OF SOU'rH PASA.DE:NA, the eITY OF ALBAHBRA. the
CITY OF GLENDALE. the CITY OF BURBANK. the eIT! OF ~BI'l"rIER, the CITY OF
Fl)l.T.~N. the CITY OF ORANGE. the CITY 01' RIVERSIDE, the ClTY OF
SAN BERNARDINO, BtJENA PARK LIBRARY DIS'l'RIC'l'. and the CITY OF A.JiCADU. and
..~h 01' them, for and in consider.tion of the \llUtual promises an4
agr..ments hereinafter atated aDd the performaDce thereof. and for other
valuable and .dequat. consideration. do bereby promiae &DO agr.. for IU1d
00 behaLf of themselves and their succesaors in ioterest as followa;
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PIIlU'OSE OF AGREEHEllT. COHHON POWER TO BE EllmClSED
This agre.._nt. _d. under the pt"OT1siou of' Article I. Chapter :;.
Did.iOll 7. fiU. I of the GoveJ"lUIent Code of' tb. State of C&1.if'orD:h,. 1.
for the pllt'po.. of prorl.oH..~ for ~e creaUoG _4 ..ta\)ll.shalent of a COIlllllOD
pool or .uppl:r of fi1lll and audio Yisual. _ terial. which ahal1 be _de
ay&11ahle to tbe public library of e.ch of' tbe contractiGg acencie. on a
participating b.sis. !he purpose will be accomplisbed and tbe common power
exercised :in tbe M%Uler bereinafter .et fortb.
II
THE COMMISSION. ITS POWERS AND R&STRICTIONS
To admini.ter cd execute this aar....nt. t.bve 1.. b.reb,. cOUllt.itut.ed
an entity .eparate IUld apgt from the entities of the pertb. to this
agreeHnt.
'1'0 be desipate4: "THE S~'DTBERN CALIFORNIA LlBlWlY FD..M C1lI:CUIT
COMKISSION. II berli'illAfter eOllletiJaea referred to as "the Collllll1..10n."
The Commi8810n IIIIlY take. acquire. ~urchaae. lease. bold. own. exchange.
aell. con'l'e1. rel.aae and maint&in such f111118 and otber audio Tisulll. ....41.
a& 118" b. d..med to be 1D the lDUtual interest of the perti... hereto. 'I'lle
Collllllias:l..on ..ha 11 pre.cribe rul.s. regula tiOJl,8 and .taoduds t UDder and b1
'l'irtue of which the library f.ciliti.. of' the ......r&1 contracting entitie.
..., participat.e 1.n t.he UM of all sucb material. The Collllliasion abal.l ban
the power to .ppo~ut or employ sucb officers, ageuts and professional
aerrice. as may. frolll tie to time. appear reasoDAble and. nec.ssU'7 in tbe
exerciae of .it!; powers UJlder this agreement an4 .~ 60 all otber acta
nec.ssary for tbe exerC1se of the expres.ed common pover aDd for tbe purpose
spec1fud 111 Paragraph I bereof. subject only to euch limi tatiODB and re-
strictioDs a. ~y be set forth herein.
III
COHt-:ISSION MEMBERS
fte _lIIberah.ip of the Collllllission eba1l at &1.1 times be equal to the
Dumber of coutractUlg euti.t1e& becolll1DE and remaining as a party bereto.
Wi thin 60 d.ays after tbe execution of th18 Agree_ut. the BO?erDiDg body of
each contractins public agency sball appoint one .ember who shall be its
repreaentatiye OD the Commi581on. The member shall .erye and be subject
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to relllOvaJ, and replacement at the pleasure of the contracting public asencl
appointinr; UII and on resignation. rellOval or iDcapacitl of az11 _mber. the
contracting public agenC)' 'that appointee! such llember shall w1thill 60 _y_
appoiDt a replacement. Each Colllllission IDelDber .bal.l file with the Colllllli.aion
a certified copy of the Resolution of the contracting public asency vhich
appointed him. The COmm1llsion shall elect one of its members Pre51dent
and he shall pre51de at the lIIeetings. The term of President ab&1l be 1 lear
and a President may not succeed himself to .. auccessive term.
IV
COMMlSSION ~~INGS
The Commias1on shall f1% the time and place for its meet1Dgs and
sbaJ.l bold at lell.Bt one annual IMet1t1.S- S~cial lIeetings ...., be cal.led frolll
tille to tillle by the President. or upon written request therefor by at leut
one-third of the melllbers. A special _ehng IIIBY be called by the President.
or upon written demand by one-third of the melllbers of the Collllll1.ssion. by
delivering pers~n~1\y or by maLl written notice to each Commission llember.
Such notice must be delivered personally or ~i1.d at least forty-eight
(48) hours before the time of such meeting. The call and Dotice .ball
specify the time and place of the meetiDS and tbe buainus to be transacted.
Business othu tba.Il aa specified in aud notice ma:s be conside:r-ed at Buch
special llleeting only upon consent of . qUOrwll of thoBe members preseDt.
All .eet~ngs of tbe Commission shall be open to the public. !he
Co~as1on shall cause its Secretary to keep full and complete miDute. of
aJ.l lIeetings which .hall be publ1c dac\lIIIents and a..ilable for inspection
at the office of the Secretar1 at all times.
Each member aball receive sucb compenaat10n for thia .ervice .s .ft.'!
be determined and paid by the contracting ageDcy appointing him.
No business may be transacted without the QuorWll of the melllber8 of the
Colllllliasion being present. A Quorum shll1l cons~st of three-fourths or more
o! tbe .embera. and a vote of a ..jority of tne CO~5sioDer. present shall
be ,eq,u:1;red t.o transact business. Tbe Colllmiss1on ahal.l adopt appropr1ate
rules, not inconsistent bereW1tb. for the orderly transaction of its
bus1ness.
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COI"J'.lSSIJU E':PLOYEES
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.~loy aDd eosage such other persoDS as ~ be deemed Deceaaary in C~~DS
out the purposes of this &gree...Dt. 'the Secretar,. and other per.oDs
aD&&ged sball recei.. euch cOmp8osatiOD as ~ be fized b~ the CommiesioD.
n_ Treasurer of ~e Coaai.a10D aha11 bs ~. persoll who shU1. froll tills
w U._. be actins ... the Treasurer 01 the C::I.t,. of osw of the t:Ontracting
....bus, designated by the Commi.sion from time to time. Except for the
1'reuurer. nODe of the officer. or other employee. mentioned ill this
paragraph ....'1] -be aeellled, by reason of ~eir employment bJ the Commission,
to be elllployea by any of the CODtracting public agencie.. None of the
officers or eJllp].07ees IDeDtionea in thi8 paragraph ~ be "lIIbers of the
Colllllli8sion.
VI
FILM AND AUDIO VISUAL SUPPLY
The fHm aDd audio ri8Ual material .ubject to tbe jurisdictioD aDd
cODtrol of tbe Commission sball be beld, used. replaced at such place or
places as may fro/ll t:l.ll1e to time be aesignatec1 by the CO,,881.0n. Parti-
cipation :5.D the use of all such materiaJ. by asench. of the contracting
parties s)...1, be iD accordance with the rule. ana rellUatioDB pre.cribea
b1 the Colllllliesion. The Secretary .hall bill all such participa.llts. and
all receipts sball be prompt17 turDed o.er to the Treasurer for aeposit
to a .peC1.al account vbicb shall be -'ll!>tained as tbe Co1lllllia.ion'. Account.
During tbe first year of its operation, each of tbe contracting agencies
agrees to pay to or cause to be paid through one of it. agencies the sum
of 1500.00 vhich shall constitute the operating fuud of the CO~8s1on to
be used for the purposes hereiD set forth. Tbe CommiesioD ah&ll determine
at it. &DDuLl _eting the IUIIOWlt of funds required for 1 te operatJ.on
dur1Dg the :rear, aDd shal1 prepere a blldget in accordance witb slIch
deterll1nation. !he Commission .~&ll not expend or obligate it..lf for &DY
sum or sums in excess of it. operatiDg buaset for &I1Y 11.en fiscal Jear.
Dr the t.otlll of the share. subscribed by its participating members iD SZJ.y
si.en fiscal :rear. In order to retain its qualification for ..~ber8hip
on ,t.he Commission and to reeehe tbe beneUta of pBTb.cipat1ol1 in au.d
film and aud10 .isual material, each contracting party shall contribute
:Lts pro rat. ahare of &a1d funds.
VlI
TERMINATION
This agreement ehall remain 1D force ana effect until sucb time as a
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..jority of tbe llembers of tbe Collllll1ss.1.on ahul Acree UpoD tbe terlll.1.Ilat10D
thereof. J.zJy cODtracting public agency aba].l have the ri.h t to tel'''''.... h
its lIember.hip and rithdrav froll the Colllllli.s1on at P1 time, pronded,
however, that such CQntracting public agency .hall DOt be .Atitl.d to any
refund as to funds tberetofore paid into tbe Commis.ion Fund as herein
provided. The C1ty rithdrawi.ng ahal.l have DO further obligatioDS or
liability under thi. agreellent. In tbe event thi. agreement shall termin-
ate by election of the majority of member. of the COlllIDb5.1.0%l aJ.l properties
tben owned by tbe Commi..ion shall be aold and the receipts therefrom
depoll1hd in the Colllllli..iont. Account. The account sheJ.l then be divided
equall,. UIOng each contracting public agency baring a member on the
CollllDis5ion.
VIII
REFORTS
The Secretary ahall prepare or cause to be prepared an aDDueJ. report
which sball .1.Dclude a certified audit of all receipts and d1sburaement.
from the preTioU5 year, together with an illventory of all _terial. owned
by the Collllllission. A copy of this report ahall. be aeUvered to each of
the contracting public agencies having a member OD the Commi$siop. The
Secretary ahal1 furnish such other reports and date as may, from time to
time. be requested by the Co_asion. The COlJ1llll.ssion sbl!lJ.l keep proper
books and accounts in which correct entr1ee of all transactions shall be
~de. Tbe books and accounts. shall, upon writteD re~uest, b. subject to
ill.pe~tioll by any duly authorized representat1ve of each of the contract-
ing public agencies.
D
KETROD FOR m:.. PUBLIC AGEN:IE:S TO JOIN THE COMJUSSION
Any public agency which bas a cOllllllOn po'tier, as set forth in Paragraph
I of this agreement. may join the Commission bl .x.c~ting this Agreement
and agreeing to abide by the terms thereof, proT.1.ded, the commissioD
crea~ed here UDder b7 . tWD-third. (2/,J Tote thereof CODsente to the n.~
public agene, joining the Comm1ss.1.on. The Co~ssion shall prescribe tbe
amount of mjney that shall be deposited by the De~ public agency jO.1.ning
tbe COmm.1.SelOn as a prereqU.1.site to its beco~ng & member.
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IN WITNESS ~HEREOF, tbe public agencies have caused the~ Dames to be
afhxed hereto by the proper officers ~h.r.of as vill. appear by R..01.ut1otl
of tbe leg:lslati... bod,. of .ach cit1. 1'bis acr-eelHnt aiped ud executed
this 17ti"d&y of s:h~ ler{:Lt,
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APPROVED AS TO FORM this /7 ~
day of Q- ~-t...{-y ~ . 1962
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THE CITY OF AIlCADlA
A HWlicipal COt"poratiotl
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IN WITNESS WHEREOF, the pUblic agency has caused its name
to be affixed hereto by the proper officers thereof as will
appear by resolution of the legislative body of the City of santa
Monica. This Agreement is signed and executed this day of
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CITY OF SANTA MONICA,
a municipal corporation
By
JOHN JALILI
city Manager
APPROVED AS TO FORM:
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RC?BERT M. MYERS U
C1ty Attorney
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