September 26, 2023
Agenda Item No. S13
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Melissa Hartson, Library Services Director - 949-717-3801, [email protected] PREPARED BY:
Melissa Hartson, Library Services Director, [email protected] PHONE:
949-717-3801
TITLE:
Approval of the Joint Use Agreement Between the City of Newport Beach and Newport-Mesa Unified School District for Use of Mariners Branch Library ABSTRACT:
The City of Newport Beach (City) and Newport-Mesa Unified School District (District) discussed and mutually agreed upon terms for a 20-year Joint Use Agreement pertaining to use of the Children’s Room at the Mariners Branch Library. Staff is seeking City Council approval of the agreement.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve the Joint Use Agreement between the City of Newport Beach and Newport-Mesa Unified School District for use of Mariners Branch Library for a 20-year period.
DISCUSSION:
Background
In 2002, the City and the District entered into a Cooperative Agreement for the Joint Mariners Library Project to provide funding for the library’s construction along with a 20-year commitment to provide joint use library services as required under the Library Bond Act Regulations for which this project received funding. The term of the original agreement expired as of June 10, 2022, and a new agreement is needed in order for the parties to continue sharing space and responsibilities.
The Mariners Branch Library opened in 2006. Under the agreement between the City and the District, an established area of the branch library’s Children’s Room is reserved for Mariners Elementary School use during hours that the elementary school is in session. During school hours, this dedicated area gives Mariners Elementary School students, teachers and other District personnel direct access to a portion of the Children's Room. This established area of the Children’s Room is not accessible to the public while the elementary school is in session. The District employs a school library media technician to support the functions of the school library in this portion of the Children’s Room during school hours. City library staff assigned to work in the Children’s Room during school hours retrieve materials located in the school use area for the public.
Joint Use Agreement
Staff from the City Manager’s Office and the Library Services Department met with representatives of the District’s Superintendent’s Office to discuss a new agreement governing the joint use library services at the Mariners Branch Library. The City Attorney’s Office then drafted the agreement and City and District staff met again to review its terms.
As proposed, the agreement calls for the continued joint use of the library’s Children’s Room for a 20-year term, with an option to extend the term for an additional 20 years. The agreement also describes the City’s and District's respective use and responsibilities and establishes the hours of use for the school’s reserved area when school is in session. City staff and District staff assigned to work in the Children’s Room will perform their job duties in accordance with their respective agencies’ policies and procedures.
City Council review of the agreement was originally planned for the Council’s September 12, 2023 meeting. However, staff continued the item to the September 26 meeting to further review the agreement and revise or streamline some of its provisions.
The changes include:
Adding a termination clause to the agreement. As proposed, either party may terminate the agreement by providing the other party one-year advanced written notice.
Removing the reference to the School Library Advisory Committee. City Library Services staff and District staff have already commenced operations-level discussions.
Further clarifying how materials will be selected and reviewed by both agencies.
While the agreement is for the joint use of the facility, a section addresses the library collection accessible to the Mariners School students. Materials will be added to this “joint” collection in accordance with City library policies and procedures. District staff will review current and proposed new materials in the joint collection to determine if the materials support the school curriculum, are relevant, and age appropriate. Joint collection materials that District staff determines do not support the school curriculum, or are not relevant or age appropriate will be relocated. Community members with concerns about a specific item in this part of the library collection may exercise their rights under the provisions of the Newport Beach Public Library Collection Development Policy (NBPL 2).
The partnership between the City and District provides improved and expanded access to the collection and public library without the unnecessary duplication of books. It offers continuous learning opportunities that are useful, timely and engaging for all community members.
The Board of Library Trustees reviewed and approved a draft of the agreement at its regular meeting on August 21, 2023. The Newport-Mesa Unified School District Board of Education will review the agreement at a future meeting.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A – Joint Use Agreement
S13-3
S13-1
Approval of the Joint Use Agreement Between the City of Newport Beach and Newport-Mesa Unified School District for Use of Mariners Branch Library September 26, 2023
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