HomeMy WebLinkAboutItem 7.2 LibraryBldgOwnTransfer CITY CLERK
File # 670-20 & 220-10
SmE E.
CITY COUNCIL MEETING DATE: September 17, 2002
SUBJECT: Transfer of Ownership of the Dublin Library Building and Site to the
City of Dublin
Report by Diane Lowart, Parks & Community Services Director
ATTACHMENTS: 1) Memorandum of Understanding
2) Resolution
RECOMMENDATION: ~ Adopt Resolution
FINANCIAL STATEMENT: None
DESCRIPTION: At the September 7, 1999 meeting of the Dublin City Council, the
Council approved a Memorandum of Understanding with the County of Alameda regarding the transfer of
ownership of the Dublin Library Building and Site to the City of Dublin (Attachment 1).
The provisions of the transfer include the following:
City:
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.
4. 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 MOU
during that five year period.
5. City must certify that the existing building and land will only be used for public purposes for a period
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 and operation for the existing building is approved by the City
Council and the Board of Supervisors.
COPIES TO: Linda Wood, County Librarian
ITEM NO. ~
F:\Library\cc 9-17 system member.doc ~
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 the MOU during that five 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 service to new library buildings, whichever occurs
later.
3. County will maintain the building and 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.
As noted above, one of the conditions of the transfer is that the City 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 the MOU during the five-year period. Another condition is that the City certify
that it will use the existing Dublin Library building site and any buildings thereon °nly 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.
Attachment 2 is the Resolution prepared by the City Attorney's Office that addresses the aforementioned
conditions. It is the recommendation of Staffthat the City Council adopt the Resolution.
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 primary 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 carried 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
ATTACHMENT 1
WHEREAS, it is the City's present intenfionto 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 security
systems, as well as all grounds, facility parking lots, landscaping, outdoor pest control,
all intedor portions of the building, and all extedor 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:
1. 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
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.
3. 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.
4. 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 ali 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 pedod
after the signing of this agreement and before the transfer of ownership.
5. The City will pay the cost associated with the transfer of title from the CountY~{..o the
city.
CITY OF DUBLIN COUNTY OI:~ALAMEDA
By: By:
Mayor President c~f the Bo~a~d of Supervisors
City of Dublin County of Alameda "~
· State of California State of Califomia
Date: ..,~/~ ~ Date:
3
e o ~me oara of Supervisors
City Attomey ~ - /,~ C(~unty ~"~unse~'
LORENZO F.. ~I'IAM~I,,I~
LMW:syt/pmsf
8/30/99
S:/COLIBRN1Dublin MOU re transfer ~ blclg.doc
4
RESOLUTION NO. XX-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
INDICATING THE CITY COUNCIL'S INTENT THAT DUBLIN REMAIN A MEMBER OF
THE COUNTY LIBRARY SYSTEM FOR FIVE YEARS FROM THE TRANSFER OF
OWNERSHIP OF THE EXISTING LIBRARY BUILDING AND SITE AND THAT,
FOLLOWING THE TRANSFER, THE EXISTING LIBRARY BUILDING AND SITE WILL BE
USED FOR PUBLIC PURPOSES FOR A PERIOD NOT LESS THAN 50 YEARS
Recitals
1. The County of Alameda ("County") and the City of Dublin ("Dublin") are parties to a
Memorandum of Understanding Regarding the Transfer of Ownership of the Dublin Library Building and
Site to the City of Dublin ("the MOU").
2. Pursuant to the MOU, the County has agreed to transfer title to the existing Library
building and site, subject to certain conditions. One of the conditions is-that the City Council indicate by
resolution its intent 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. Another condition is that the City certify 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.
3. ~ To satisfy the conditions of the MOU, the City Council wishes to express its intent to
remain a member of the County Library System for a period of at least five years following transfer of title
and wishes to certify that the existing library site will be used for public purposes for a period Of at least
50 years.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Dublin City Council intends 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 to Dublin of the
existing library building.
2. 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.
PASSED, APPROVED, AND ADOPTED this __ day of September 2002, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
ATTACHMENT 2