We are going to submit the petition to our local City Council to let them know the support that there is for the library. Thank you for your interest in the library!
Since the possibility that the library will be torn down to make room for a parking lot has been called “Fake News” by some, let’s take a closer look at the draft agreement that our City Council will be voting on today just after 5 pm.
One bright spot in the agreement is that in Section 10 the County Library system has free rent on the current library as long as they provide library services to the community:
SECTION 10. RENT
In exchange for the valuable consideration of providing free public library services, County’s use of the Premises, including the Alternative Library Location shall be rent-free throughout the Term of this Lease or any Extension Term(s) and shall continue to be rent-free as long as County uses the Premises to provide free public library services.
Fair enough, right? But there is more to the story. Section 6 specifies that the entire lease agreement only has a maximum three-year life span. After three years (at most) the entire agreement is gone. This means that the free rent and the County’s use of the library ends when the agreement ends:
SECTION 6. TERM
The Term of this Lease shall commence on the first day of the first full calendar month following the Effective Date (“Commencement Date”) and shall terminate three (3) years later (“Term”), unless terminated earlier as otherwise agreed to in writing by the Parties.
But most leases can be renewed or extended. True, but in this agreement, the option to extend the term has been explicitly removed in Section 7:
SECTION 7. OPTION TO EXTEND TERM - intentionally omitted
All the agreement says about the option to extend the term is “Intentionally Omitted.” That makes it very clear. This eliminates all confusion that the whole agreement ends no later than the end of the third year.
In addition to clearly stating that there is no option to extend the term, Section 9 also clearly states that the city explicitly acknowledges that it is looking for some other location for a library:
SECTION 9. RELOCATION OF LIBRARY SERVICES
The Parties understand and agree that the City is investigating the possibility of relocating the free County public library and related services to a new location within the City (“Alternative Library Location”). In the event that the City identifies an Alternative Library Location, any and all information regarding the alternative Library Location shall be provided to the County for approval of the location as a part of the County Library System prior to any relocation, which approval will be in the County’s reasonable discretion.
Given Section 9, it is odd that some are saying that "fears" of moving the library are "fake news." Moving the library out of its current location is explicitly written into the proposed County agreement in several important areas. In fact, there is a built-in incentive in Section 14 of the agreement to move the library out of the current location within the first 12 months of the agreement. That will alleviate either party from having to worry about ongoing improvements in the building. That provision makes sense, but it points to the fact that the agreement specifically anticipates that the building may be vacated sooner rather than later.
All things considered, we will stand by our original observation about the library situation. For a long time, the City has had its sights on the current location of the Laguna Beach Public Library as the site for a new downtown parking lot.
- If the long term plan is to pave paradise and put up a parking lot, then residents want to see an approved, well-funded plan to show us exactly where the new library will be, what it will look like, how it will be staffed, and what programs it will offer.
- If the long-term plan is really to leave it as a library, then why spend $4,290,000 to continue what is already happening. Spend that on something else. Just because you can buy something does not mean that you should buy something.
You may listen and comment over the phone or computer this evening. The meeting starts at 5 pm but this issue may not come up before 5:30 or so.
* You can click on this link from your computer or smart phone to participate via zoom: https://lagunabeachcity.zoom.us/j/91641723096
* You may call (669) 900-9128, and wait for instructions. The Webinar id is 91641723096#.
- Let us know you want to comment on an item that is being discussed by pressing *9 on your phone. - When you hear from the meeting operator, "your phone is unmuted," please press *6, then proceed with your comment. The time for comments may be limited, so prepare your remarks accordingly.