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HomeMy WebLinkAboutItem 8.3 LibraryBldgOwnershipCITY CLERK FILE # 220-10 AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 7, 1999 SUBJECT: County of Alameda/City of Dublin Memorandum of Understanding Regarding the Transfer of Ownership of the Dublin Library Building and Site to the City of Dublin Report Prepared by: Richard C. Ambrose, City Manager ATTACHMENTS: RECOMMENDATION: Draft Memorandum of Understanding (MOU) ~{rove Memorandum of Understanding FINANCIAL STATEMENT: No additional appropriation of funds are required at this time. DESCRIPTION: In March 1999, the City Council established, as a high priority goal, to negotiate the transfer of the existing library building and land from Alameda County to the City of Dublir~ The City Manager has met with the County Librarian, and other representatives from Alameda County and has negotiated a Memorandum of Understanding (see attached) to accomplish the transfer of the existing library facility and land to the City. The provisions of the transfer include the following: .C. iW: 1. City would pay the County $1 and the costs associated with transfer of title in exchange for the existing library building and land. 2. City would provide a new library building for the County to provide library service to the City and surrounding unincorporated area. 3. City would enter into a maintenance and operations agreement for the new library with the County. COPIES TO: G:\CC-MTG S\99-QTR3\SEPTXg-7-99\ag-LibraryMOU.doc Linda Wood, County Librarian ITEM NO. _~ City would adopt a resolution of intention to remain a member of the County Library System for;a~ minimum period of five years after the effective date of the transfer, provided that the County continues to provide at least the same level of service it provided the City as of the date of this agreement during that five-year period. 5. City must certify that the existing building and land will only be used for public purp6ses for a perioc~ of 50 years after the effective date of the transfer Of ownership or the relocation of the County, s library services to a new library building, whichever Occurs later. County 1. County will transfer ownership to the City when the above conditions are met. 2. County will transfer ownership of the existing facility and land earlier if: a. An agreement of maintenance operation for the existing building is approved by the City Council and the Board of Supervisors. b. The City Council indicates its intent by resolution to remain a member of the County Library System for a minimum period of 5 years after the effective date of the transfer of ownership; provided that the County continues to provide at least the same level of library service it provided to the City as of the date of this agreement during the 5-year period. c. ' The City certifies that it will use the existing Dublin Library building site and buildings only for public purposes for a period of at least 50 years after the effective date of the transfer of ownership or relocation of County library senrice to new library building, whichever occurs later. 3. County will maintain the building grounds of the existing facility in accordance with its usual practices during the period after the signing of this MOU and the transfer of ownership. RECOMMENDATION Staff believes that the conditions included in the MOU are fair to both the County and the City and would provide the level of certainty needed for the City to be able to plan for other public purposes in the existing Dublin Library building. It is therefore recommended that the City Council approve the MOU. COUNTY OF ALAMEDA/CITY OF DUBLIN MEMORANDUM OF UNDERSTANDING ' REGARDING THE TRANSFER OF OWNERSHIP OF THE DUBLIN LIBRARY BUILDING AND SITE TO THE CITY OF DUBLIN WHEREAS, the Alameda County/Dublin Library Corporation was formed in 1977 for the specific and pdmary purpose of providing financial assistance to the County of Alameda by financing the acquisition, construction and improvement of a public library to be located in the community of Dublin, including parking, site development, landscaping, utilities, equipment and appurtenant and related facilities, and WHEREAS, the Corporation carded out its stated purpose and financed the construction of the Dublin Library for which debt service has been paid during the last 20 years, and . _, ....... =. WHEREAS, the debt service has been paid by an annual property tax rate levied on real property in Dublin, and WHEREAS, the debt has been completely paid and the bonds retired as of March, 1999, and WHEREAS, the title to the Dublin Library building, site, and all improvements on the site is held by the County, and WHEREAS, the Dublin Library has provided library service to the City of Dublin and surrounding areas as part of the County Library system since its construction and opening in 1979, and WHEREAS, the City plans to provide a new, significantly larger library building on the Civic Center site to replace the existing Dublin Library because planned growth in the City will soon make the existing library building inadequate, and WHEREAS, the City has expressed an interest in acquiring the existing Dublin Library building and converting it to another civic use when the new library building is available, and WHEREAS, the property owners in Dublin through their annual property tax payments for the last 20 years have paid for the existing Dublin Library building and site, and all improvements on the site, and WHEREAS, the City will invest an amount of funds greater than the value of the existing library building in the proposed new library building which the City intends to build on the Civic Center site, and WHEREAS, it is the City's present intention to remain a member of the County Library system, and WHEREAS, when the new library building is available, the County Library plans to relocate its services to the new building, and WHEREAS, it is standard practice for the County Library to provide service in cities in city-owned rather than County-owned library buildings and to enter into an agreement with the respective city for the maintenance and operation of the library, and WHEREAS, such agreements routinely provide that the County will provide all library services in the building and will pay operating costs for library services including janitorial services, and WHEREAS, such agreements routinely provide that the city shall, at the city's own cost and expense, keep and maintain said library premises in good order and repair including but not limited to all building mechanical/electrical systems, heating and air conditioning systems, fire alarms, fire sprinklers, smoke alarms, and secudty systems, as well as all grounds, facility parking lots, landscaping, outdoor pest control, all interior portions of the building, and all exterior portions of the building, and WHEREAS, it is the City's present intention to enter into such an agreement with the County Library for the maintenance and operation of the proposed new library building to be built at Civic Center, and WHEREAS, such an agreement will be consistent with agreements the County Library currently has in effect with the cities of Albany, Fremont, and Newark, NOW THEREFORE BE IT RESOLVED that the County and City do hereby agree to the following terms and conditions: The County will transfer ownership to the City of the existing Dublin Library building and site including parking, site development, landscaping, and appurtenant and related facilities for the amount of $1 when the following conditions are met: first, the City provides a new library building for the County Library to occupy and to use in providing library service to Dublin and the surrounding unincorporated areas and an agreement for maintenance and operation of the new Dublin Library building is approved by the City Council and the Board of Supervisors, and second, the City Council indicates its intent by resolution to remain a member of the County Library System for a minimum period of five (5) years after the effective date of the transfer of ownership; provided that the County continues to provide at least the same level of library service it provided to the City as of the date of this agreement during such five year period. 2 Be it further agreed that should the City desire to assume ownership of the existing Dublin Library building before the County Library relocates its services to a new City- provided library building, the County will transfer ownership of the existing Dublin Library building and site in all respects as described above for the amount of $1 while the County Library still occupies the building when the following conditions are met: first, an agreement for maintenance and operation of the existing building is approved by the City Council and the Board of Supervisors, and second, the City Council indicates its intent by resolution to remain a member of the County Library System for a minimum period of five (5) years after the effective date of the transfer of ownership; provided that the County continues to provide at least the same level of library service it provided to the City as of the date of this agreement during such five year pedod. In both cases (Paragraph 1 and 2) the County will transfer ownership to the City only if the City certifies that it will use the existing Dublin Library building site and any buildings thereon only for public purposes for a period of at least 50 years after the effective date of the transfer of ownership or the relocation of the County Library's services to a new library building whichever occurs later. in agreeing to this transfer of ownership, the County makes no warranties as to the condition of the building and will transfer the property "as is". The County will make a good-faith effort to disclose to the City all information known to the County about the condition of the building including information about the presence of asbestos and compliance with the Americans with Disabilities Act. The County will maintain the building and grounds in accordance with its usual practices dudng the period after the signing of this agreement and before the transfer of ownership. The City will pay the cost associated with the transfer of title from the County to the City. CITY OF DUBLIN COUNTY OF ALAMEDA By: Mayor City of Dublin State of California By: President of the Board of Supervisors County of Alameda State of California Date: Date: By: City Clerk By: Clerk of the Board of Supervisors By: City Attomey By: County Counsel LMW:syt/pmsf 8/3o199 S:\COLIBRN~:)ubtin Mou re transfer of bldg.doc 4 ~