HomeMy WebLinkAbout11-048 CC Resolution RESOLUTION NO. 11-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA TO OPPOSE ASSEMBLY BILL 438
(WILLIAMS) WHICH, IF PASSED, WOULD INCREASE
NOTIFICATION REQUIREMENTS FOR THOSE CITIES
AND OTHER ENTITIES THAT WANT TO OPT OUT OF
THE COUNTY FREE LIBRARY SYSTEM TO OUTSOURCE
THE ADMINISTRATION AND OPERATION OF THEIR
LIBRARIES TO A PRIVATE, FOR PROFIT COMPANY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, the City of Temecula contracts through Riverside County with
Library Systems and Service, LLC for Temecula Library; and
WHEREAS, Assembly Bill 438 (AB 438) would make it much more difficult to
continue with this arrangement once the current contract expires; and
WHEREAS, AB 438 would mandate how and when cities can enter into contracts
with private service providers; and
WHEREAS, AB 438 would set a new precedent for contracting for library
services; and
WHEREAS, AB 438 could open the door to similar requirements in other city
contracts; and
WHEREAS, if passed, AB 438 would require the demonstration "that the contract
will result in actual overall cost savings to the city or library district," which cannot
include a city or library's indirect overhead costs unless "those costs can be attributed
solely to the function in question and would not exist if that function was not performed
by the city or library district;" and
WHEREAS, if passed, AB 438 requires that the contract "shall not be approved
solely on the basis that savings will result from lower contractor pay rates or benefits;"
and
WHEREAS, if passed, AB 438 requires that "contracts shall be eligible for
approval if the contractor's wages are at the industry's level and do not undercut city or
library district pay rates; and
WHEREAS, AB 438 also requires demonstration that "the contract shall not
cause the displacement of city or library district employees;" and
R:/Resos 2011/Resos 11-48 1
WHEREAS, AB 438 mandates that this type of contract would be required to go
to a vote at the next regularly scheduled election; and
NOW, THEREFORE, BE IT RESOLVED that the City of Temecula opposes the
passage of AB 438, will send a letter of opposition to applicable legislators and the
Governor, as this bill would greatly affect the City as soon as the current contract for
library services is up for renewal making it virtually impossible to continue with the same
type of cost-effective library services.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 28th day June, 2011.
Ron Roberts, Mayor
ATTEST:
,
Susan . Jone MMC
City Cle k
[SEAL]
R:/Resos 2011/Resos 11-48 2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 11-48 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 28th day of June, 2011, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar,
Washington, Roberts
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
. ti-.�-�
Susan W Jones, MMC
City Clerk
R:/Resos 2011/Resos 11-48 3