HomeMy WebLinkAbout1979-06-19; City Council; 5893; Library Feest:xTX Or CART: A!1,-
AGnNDA BILL N0.
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'DATE: June 19, .1979 Dept.ITd.
DEPARTMENT: City Manager C. Atty•VA6
' C. Mgr-
Sabject: '
LIBRARY FEES
Statement of the I-Ic tter
The City Council has directed staff to conduct departmental reviews of
City fees. The attached memorandum outlines recommendations for the Library
based on discussions with the City Librarian. Library fines and book re-
servation charges were raised when the library went on-line with the C7;SI
o computer in conjunction with Oceanside :in February, 1979.
The Council has mentioned the possibility of considering charging Library
use fees: This is a controversial and complicated issue and it is suggested
that if Council desires to pursue this that the matter be referred to the
w City Attorney for - further analysis. Currently,
' ,(a charter city) charges a fee for library usoInythe eattachof San ed report
Staff has recommended that this t t
ype of charge not be considered.
A summary of the staff recommendations is presented at the end of the
attach-ed memorandum. The only changes that staff recommends at this time are to
add a $3 service charge to the costs of lost and damaged materials.
Exhibits _
Memorandum to the City Manager dated June 1, 1979
Resolution No SS31 authorizing the Library to apply for support and
assistance under the California Library Services Act.
Regulations Govering the Use of Library Conference
Application for Use of Conference Room
Memorandum to the City Manager dated May 23, 1979 concerning out of
town library use.
Recommendation
If Council concurs, approve the recommendations outline in the attached
staff report and direct staff to prepare the necessary documents.
Council Action
6-19-79: Council directed that the City Attorney prepare a report
addressing the legalities of charging fees for library use.
Council approved the recommendations outlined
he staff
report, dated June 1, 1979, and directed that the tnecessary
documents be prepared.
M E M O R A N D U M
TO : City Manager
FROM : Administrative Assistant, Parks and Recreation Department
DATE : June 1, 1979
SUBJECT: LIBRARY FEES
The Preliminary Fee Discussion Paper was presented to the City
Council in February, 1979 and outlined the current fees and some
potential new fees. A discussion of each of these items is pre-
sented below:
CURRENT FEES
Library Fines - On February 20, 1979 the Library raised the
late charge from 5� per day per item to 10�
per day per item. This was done in conjunc-
tion with the City of Oceanside when the City
went on-line with the CLSI computer that is
shared between the two cities. No further
y change is recommended for library fines.
Xerox Copies , The Library has a coin -operated machine that
operates at a rofit at 10¢ per copy. The
machinA costs 6200 per year to lease and pro-
vides an income of approximately $7000. Since
no staff time is required to operate the machine
no change is recommended
Lost Materials - Currently, the Library charges for the cost
of replacing any material lost by a patron.
The City Librarian recommends that an additional
charge be added on to this cost to help defray
the administrative costs oi: processing (order-
ing a new book, cataloging, etc.). It is
recommended by the City Librarian that, for any
lost materials that a charge be set at cost of
replacement plus $3.
Damaged Materials - Currently, the Library charges for the cost i
of repairing or replacing damaged materials*
The City Librarian recommends that a service #
charge of $3 per item be added to the cost
of repairing or replacing damaged materials.
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Book Reservation - When the City went on-line with the CLSI
computer in conjunction with the City of
Oceanside the charge for reserving a book
was raised from 10� per book to 25�. No
further change is recommended for book
reservation charges.
POTENTIAL NEW FEES
Room Use - Various groups such as the Garden Club, Business
' Women and Toastmasters use library facilities for
meetings during and after normal work hours. No
r, special preparation by Library staff is provided
and organizations must return the premises to the
same order and cleanliness as it was found. The
meeting room is provided free of charge to groups
sponsoring meetings of general interest. Attached
is a "Regulations Governing the Use of Library
Conference Room" and an Application for Use of
Conference Room. Regulation number six states that
meetings are to be open and free to the public and
that no collection of money may be taken, The City
Librarian believes that a room use charge would
limit use by senior citizens and some low income
citizens. She recommends that the City not charge
" for the use of the Library conference room,
Audio Visual Use - The audio-visual section has available
films, records, tapes, projectors, cassette
players, an overhead projector, a record
player and screens, Projectors and all
audio-visual equipment is checked out only
to Carlsbad residents on a no charge basis.
Much of the audio-visual equipment has
been donated by the Friends of the Library,
citizens or has been salvaged from other
organizations. For this reason the City
Librarian does not recommend charging for
the use of audio visual equipment,
The section also has films, records and tapes
available. Over 2000 films are available
through the SERRA system which cannot be charged
for according to the cooperative agreement.
The City has approximately 200 of its own films.
The City Librarian believes that to charge for
a small proportion of the available films would
not be administratively practical and would
limit the use of these films,
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Audio Visual Use - The records and tapes section was orginally
started by a $1000 donation by the Newcomers
Club and is partially supported by the Friends
of the Library. The City Librarian feels
strongly that no charge should be established
for records, tapes or films.
LIBRARY USE
The issue of charging either residents or non-residents or both for
the use of the Library is a controversial and somewhat complicated
issue both in terms of current legislation and in terms of the fund,
t; ing and services that may be lost if a user fee is instituted. Re-
cently, Assembly Bill 1456 was introduced by Assemblyman Chappie
which would authorize libraries to establish :reasonable user fees or
` charges for library services. According to the League of California
Cities the bill was not referred for recommendation by the Committee
on Local Government and therefore died at the committee level.
On November 21, 1973 the Attorney General issued an opinion at the
request of the State Librarian addressing the question of whether
fees may be charged to local residents for use of the services and
benefits under the Education Code and the Government Code, A signi-
ficant finding in the opinion is ",..we conclude that the detailed
provisions of the Education Code prevails over the general provisions
of the Government Code..." and ",..Government Code section 39732 can-
not be viewed as an independent alternative source of library -estab-
lishing authority for cities but must be viewed merely as a collateral
confirmation of the grant of authority more fully delineated in the
Education Code," In other words, the cities come under the provisions
of the Government Code and the Education Code. Another significant
part of the analysis is— Me Legislature has abundantly indicated,
both by general declarations and specific provisions, its intent
that public libraries are to be free.'
Another complicating issue is the fact that our library is part of
the SERRA system which is a cooperative library system which includes
Carlsbad, Chula Vista, Coronado, Escondido, National City, Oceanside,
San Diego, and San Diego County libraries, This is financed by grants
from the State of California under the Public Library Services Act of
1963 which encourages the development of free public libraries.
According to representatives of the SERRA administrative offices a
city cannot charge fees for library use and still retain membership in
the system, The system provides several services including an exten-
sive inter -library loan service, access to over 2000 films, daily
truck delivery which ties all the libraries in the county including
the colleges, TWX service, a research center in San Diego, payment of
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mileage to meetings and reimbursement for all items checked out to
non-Carlsad residents at 40� per item and reimbursement at $2.26
for inter -library loans under the California Librar- Services Act
(CLSA). Council authorized the Library to apply for these funds by
Resolution 5531 dated September 5, 1978. This last items is signi-
ficant as the Council has expressed concern over the use of the
library by non-residents. In effect, the City is being subsidized
by the State for library use by non-resident taxpayers. A break-
down of funds received for the 1978-79 year is given below:
1st quarter - $ 7,217.60
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2nd quarter - 3,752.00
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3rd quarter - 7,862.40
4th quarter - 4,867.20
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Z3, O99.20
These funds and the services provided by SERRA would
be lost to the
City if a charge for library use is established. In
the Report of
the Proposition 13 Implementation Advisory Committee
presented to
Council on July 18, 1978 the committee considered SERRA system parti-
cipation as the top priority for the library.
The City Librarian feels strongly that no charge be considered for
library use for residents or non-residents. It is suggested that if
Council wishes to pursue this issue that the question of legality be
referred to the City Attorney's office and that further analysis be
conducted, Currently, only the City of San Leandro,
a charter city,
ha-s a charge for basic services. Staff recommends that
considering
the questions of legality and loss of services and funds through the
SERRA system and the California Library Services Act
that Council not
consider charging fees for library use,
SUMMARY OF RECOMMENDATIONS
Current
}
Recommended
Library Fines (per day, per item) 10� *
Same
Xerox Copies 10�
Same �
Lost Materials Cost of replace--
4
$3 plus the cost
ment
of replacement s
Damaged Materials Cost of repair
$3 plus the cost
or replacement
of repair or
replacement
Book Reservation 25� *
Same
Room Use None
None
Audio Visual Use None
None
Library Use None
None
*These were raised on February 20, 1979
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RESOLUTION NO.'"'S53i
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNI'A- AUTHORIZING
THE CARLSBAD CITY LIBRARY TO PARTICIPATE
IN THE CALIFORNIA LIBRARY SERVICES ACT.
5 WHEREAS, the City of Carlsbad maintains the Carlsbad City
S Library for the purposes of meeting informational, educational and
7 recreational needs of its residents; and
8 WHEREAS, the City of Carlsbad is desirous of improving those
9 services while deriving the greatest possible benefits of the use
10 of public -funds by:
11 1. Providing to its residents access to the materials and
12 services of other libraries in the state through resource
13 sharing;
14 2. Obtaining the maximum state and federal funding in
15 support of such sharing; and
16, 3. Augmenting services to those segments of the cownunity
17 not presents ser-zd- d
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19
20
21
2211
2311
24
25,1
5 S
26 I
27
28
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WHEREAS, the California Library Services Board has funds
available under the California Library Services Act (Education Code
Title 1, Division 1, Part 11, Chapter 4) to assist and support the
sharing of library material-6 and services by California's libraries;
NOW, THEREFORE, BE IT RESOLVED by the Council of -the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Carlsbad City Library is authorized to partici-
pate in the programs of the California Library Services
Act.
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1 3•.' That the Librafiy Director be'authorized to represent the
2 City 09 Carlsbad on. the Serra Cooperative Library Board,
3 which Board will annually apply a 1 for and accept funds
4 undex this California Library Services Act.
5 PASSED, APPROVED AND ADOPTED by the City Council of the City
6 of Carlsbad at a regular meeting held .the 5th` day of September ,
7 1978, by the following vote, to wit:
8 AYES: Councilmen Packard, Anear, Lewis and Councilwoman
9 Casl er
NOES: Councilman Skotnicki
10 ABSENT: Norte
{
12 ATTEST: Z�UDC. PACKARD, Mayor
13
City L. Ck
15 (SEAL) •
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17
18
l9
20
21
22
23
24
25
26
27
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CARLSBAD CITY LIBRARY I`� !
REGULATIONS GOVERNING THE USE OF LIBRARY CONFERENCE ROOM
APPLICANT AGREES:
1. To hold the City of Carlsbad, the Board of Library Trustees, librarian and staff
at all times free and harmless from and indemnify against any and all claims,
demands or judgments that may arise out of, in connection with, or be the result
of any injury sustained or suffered by any person or persons while attending the
above meeting, or while on the premises of said library building or grounds.
f,
2. To be responsible for and to pay for any and all damage to library property in-
cluding walls, floors, grounds and furniture white room is being used by applicant
*or applicant's agents or employees. To return room to.order and cleanliness as
it was found.
3. Applicant understands' that the room may be used free of chargelby groups sponsoring
meetings of general interest.
4. Applicant understands neither the name nor address of the Carlsbad City Library
may be used as official address or headquarters of the organization.
5. Applicant further agrees and understands that library functions have scheduling
priority. Therefore, Wednesday evenings will be reserved for such programs. Con-
ference room will not be available on Friday evening, Saturday or Sunday.
S. Applicant agrees that all meetings are to be open and free to the public, .and no
collection of money may be taken. Literature may not be distributed wi�hout
approval of Library Board.
7., Applicant agrees to serve only light refreshments. Dishes, silver, and storage
' facilities are not available-. - ..
8. Applicant understands that fire regulation's' require no smoking, and a maximum
capacity, of 75 people per meeting.
' 9. Applicant further understands that all members of the organization and the
audience must have left the building by 10:00 P.M.
10. The Board of Trustees has the final decision on the use of the Conference Room
and reserves the right to change its policies at any time without prior notice.
11. Applicant agrees that when students and pre-school children are in Conference
Room, there will be a minimum of one adult in attendance per every twenty children.
12. Applicant must take care of physical arrangements during a meeting. Should additional
chairs _o_r_equipment be needed, the re_sponsibil_ity_rests_}_vith applicant._
3 13. Organizations or groups using the Conference Room on a year-round basis will be
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required to sign a new agreement form each year on or about,Juiy 1.
Organization'
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Date
Representative
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CARLSBAD CITY LIBRARY i
• Carlsbad, California
APPLICATION FOR USE OF CONFERENCE ROOM
Date of application
Name of organization
Purpose of function
p f t
Address of organization Telephone number
i
Name of individual filing Office in organization
application
Address Telephone number i
Fill in below if reservation is for a single meeting:
Approximate size of Topic Speaker ;
group
Date Hour Refreshments
Fill in below if reservation is for a series of meetings:
T+
Approximate size of
group '
y
Dates (list each below) Hour TOpjc Speaker Refreshments
Room available Date Librarian
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May 23, 1979
MEMORANDUM
T0: City Manager
FROM: Library Director
SUBJECT: Out of town library use
In response to your memorandum dated May 18, 1979 regarding the use of the
library by noncity taxpayers: we have contacted the Oceanside Library to deter-
mine what was involved in obtaining the data from the computer. At this paint
the patron information can only be extracted by running a hard co
registered with th'e Carlsbad Library, then physically scanningpy of all patrons
on by Patron
to check residency. We are advised that following "Release 25"pwerwill be able
to obtain the desired information on residency of card holders we
going
through this lengthy and costly process. (Release 23 has just been installed,
and we have no time frame for Release 25 and its installation.)
Patrons using the Carlsbad Library who reside in Oceanside are not registered
as "Carlsbad borrowers" since this additional entry in the data base would
..rapidly overload the capacity of the computer with the redundant information.
The statistics we do have on out of town use are for total numbers of items
checked out during the survey periods for the CLSA reimbursement. A survey
is.taken during a two -week periqd once a
that quarter of 400 per item (less Carlsbad-Istuseaof othernd the libraries) reimbursement isobas'
this net usage figure. ed on
FollocYing are the statistics referred to above:
Stirvey Period ,Number of Items Circulated Amount of Reimbursement
to Non-resident Borrowers
lst quarter 8/21-9/3/78 Received or Pendin
2nd quarter 12/4-i2/17/78 1#904 (received) $7,217.60
.3rd quarter 1/29-2/11/79 3,649 (received) $'3,752.00
.4th quarter 4/16:-4/29/79 2,614 (pending) $7,862.40
unknown
Concerning information which specifically pertains to users in the southern area
of the city, we are attaching copies of statistics supplied to Frank Lilley for
use in the study he was commissioned to do on City revenues and expenditures by
the La Costa Land Company. hems checked out by both adExhibit 1 is bookmobile statistics showing number of
ult and juvenile borrowers in the three are,ar, where
service has been attempted or is presently being provided. Exhibit 2 shows the
numbers of patrons, both adults and children, who entered the library during the
period April 24 through April 29, 1978, when a pin map survey was in progress.
By use of the SCAT (statistical category) field in the computer's monthly statis-
tics, we -are able to ascertain the numbers of items circulated to
reside in specific areas in Carlsbad. This information is presentlytrons avail.who
ble
City Manager Page Two
May 23, 1979
on adult in-house circulation and the bookmobile only (the children's circulation
•.is scheduled to go on-line June 1). During the month of April, the adult and. t
bookmobile circulation total was 17,564. Patrons residing in Carlsbad who live i
south of Palomar Airport Rd., west of E1 Camino Real checked out 1,834 items, or
10.4% of this total. Patrons who reside in Carlsbad south of Palomar Airport Rd., '
east of E1 Camino Real checked out 1,162 items, or 6.6% of the total.
Porgi�na.e
Library Director
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Enclosure
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EXHIBIT 1
CARLSBAD CITY LIBRARY
. BOOKMOBILE USAGE -
SOUTHEAST AREA
•
CENTRAL SHOPPING CENTER ADULT
JUVENILE'
TOTAL
1976 July
3
August
2
3
September
1
2 ••
October
0
1
0
' L"EVANTE PARK
1977 November
16
December
SO
26
42
1978 January
26
74
124
i February
36
56
March
61
62
68
' April
82
91
152 A**
May,
93
229
311
' June
100
200
293 t
July
109
182
282
August
75
215
324
September
86
286
361
October
88
322
408
' November
54
311
399
December
S2
229
283
1979 January
•54
186
238
i February
97
198
252
i March
52
150
247
t
245
297
' PONDEROSA
1978 November
.59
December
66
142
201
1979 January'
61
190
256
February
140
181
242
March
70
241
381
390
460
Beginning March 1978,
Saturday --prior to
the Bookmobile
that
served the area
every
Saturday.
time it was
scheduled every -other
• • '°"°` EXHIBIT 2
CARLSBAD CITY LIBRARY
PIN MAP SURY=Y, SOUTHEAST AREA
Adults Children
•MONDAY, 4/24/78 18 0
TUESDAY, 4/25/78 13 5
F
WEDNESDAY, 4/26/78 24 14
•
THURSDAY, 4/27/78 24 11 ?
FRIDAY, 4/28/78 9 4
SATURDAY, 4/29/78 7 0
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