HomeMy WebLinkAbout1991-08-21; Library Board of Trustees; MinutesMINUTES
Meeting of: LIBRARY BOARD OF TRUSTSES
Tinu of Meeting: 3:OO p.m.
Date of Meeting: August 21, lssi
Place of Meeting: City Council Conference Room
President Tripas called the Meeting to order at 3:00 p.m.
AOLL:
Present: President Trigas, Library Board Trustns Coopr and Martin.
Absent: Trustees Curtin and Gross..
Staff Present: Clifford Lange, Library Director Geoff Armour, Assistant Library Director
-:
The Minutes of the momting held June 19, 1991, war* approved
as presented.
CO)#I’ITB:
a. and Ground.
Dr. Lange stated that the City is hopinq to go out to bid
for the now Library in late November and opn thm bids in
January.
No report.
c.P.r.onnal
Dr. Langm stated that Gin& Sachs is a full-the an ploy^
as of July 22, as a Management Analyst.
Comunity Relations Managor.
retiring September 6.
Her title is
Colleen Hollow&y is
d. &!&h
Gooff Armour reported the Children‘s Dopartman+ was very
busy last month. He lirtod the activities and added that
it has been a very active summer reading program.
a.
-
s for Chanae UDdatQ
Dr. Lange referred to the memorandum datad August 12,
1991,‘from Gary Strong regarding LSCA Awards for 1991/92. This memorandum was included in the packet. He said if
no funds are received, this would affect soma of the
personnel. The programs that are alroady planned would
be continued on a reduced basis. The five part-time
people that have bean hired have done an outstanding job
in the community.
with the $40,000 received.
Geoff Armour added that the grant funds could be released
before the present funding cycle ends; or, the City could
get the monoy somewhore down the road and have to reduce
service. for a few months.
ne felt a lot ha. been accomplished
Trigan
Coopor
Mutin
MINUTES
Augumt 21, 1991 LIBRARY BOARD OF TRUSTEES Page 2
TRUSTEES
~~
b. Hew Lib- Build ina Status ReDort -- DiSCU8#iOn
Dr. Lango statod thoro will be a meeting Septembor 5
with tho City Manager for a briefing and update.
that everything im going quite well at thim time. aro 8ign8 at the site stating that thim im the futuro
sit. of a major library facility of 64,000 mquaro foot,
opening in the suuuner of 1993.
Ho maid
Thoro
mLmmmss:
a.
Premident Trigas warn unanimously ro-olacted a8 Prosident
of tho Library Board for tho coming yoar.
Tr~8t.e Grosme warn unanimoumly re-olocted as Vico-
Premidont for tho coming yoar.
Trumtee Kartin retainod his Budgot Cumnittw ammignaunt
and the other committeo as8igmmntm were continuad to tho
next mooting.
b. -90-91 Liprnrv Ann-
Dr. Lango roforred to tho copy of tho Annual Report which
im 8ubmitt.d to tho Stat.. Ho 8tat.d that tho Library
had tho highomt circulation ever during tho lamt you,
and could par8 tho one million mark thim yoar.
c. warv Board Re~roeentation on the Librarv Pw
De. Lango maid thim Committee needm to revhit tho work
accomplimhod originally and then set up another ffvo-
year plan. Therm needm to bo two ropremontativom from
thim Board, and the group will meet once a month for
approximatoly mix months. Trumtwm Cooper and nutin
volunteerod to serve on this Committee.
Y DIRECTOR'S REPORZ:
Dr. Lange stated that Trustee Cooper had been re-appoint&
am Roprementative to the Serra Advisory Board, and im now
Chairman of that Board.
Dr. Lange showed a Certificate of Appreciation the Library
received from the IRS for the asmistance the Library gave in dimtributing form. and giving a8eimtanco to the citizen#.
Dr. Lango distributed the statistic# report and stated that
Trumtee Cooper had the highemt number ofvolunteor hour.. Krm. Ayarm warn second on the list, and Dr. Lango maid tho
work could not bo accomplished without tho help from people
liko Mr. Cooper and Mrs. Ayars.
Or. Lange reported that David Smith's personnel study im in
for final review. There will be a southeast quadrant
mooting next Tuesday, and Dr. Lange will givo a rogort on
the new library. Dr. Lange gave a talk beforo the North
County Coalition for Seniors to tall them about the library
services that are available for eeniors.
MINUTES
Augumt 21, 1991 LIBRARY BOARD OF TRUSTEES Pago 3
DXRJECTOR'S REPORT: (Continued)
Thoro will bo a Sorra Adminimtrativo Council rotroat
Soptombor 19 - 20, at Borropo Springs, to plan tho futuro of .
tho Sy0t.m.
Dr. Lango mtatod ho will bo on vacation from Septombor 21 to
Octobor 11, and will Attend tho Leaguo of California Citiom
Muting following that.
Gwff Amour di.CUS8.d tho organizational chang.8 at tho
Main and Branch Librariom. Tho childron's matorialm aro to
go into tho conforonce room and tho vidw colloction will bo
out in the opmn. Chrim Holt and nr. Armour havo workod out
a plan for tho imploanontation of thim plan tho woekond of
Octobor 5 - 6.
and addod that tho piano may havo to bo gut in mtorago
tamporarily. Tho movmnont at tho Hain Library i8 mor.
complox minco Utilitiom/Uaintonance im working on tho Harding Strwt facility at thi8 the. Thoy aro thinking about November 11 -- am that im a thrw-day wookond.
Or. Lango mtatd that tho Stat. Library had callod mtating
thoro warn a 520 orror on tho application for Proposition 85
monoy, and it h88 boon corroctmd. Thore woro only 52
applicationm received, and tho Stat. had anticipatmd
r.cmLving 80. which might holp Carlabad'm chancom for
rocoiving momo of tho fund..
Ho oxphinod tho plan of work for tho Branch
-:
Tho firmt mooting will bo held noxt weok. Tho conmonmum of
tho Board warn to oliminate having a Trumtoo attond thdr
meotingm, minco Dr. Lango or Gooff Armour always attond, and
Dr. Lango i8 nov a voting Uember of tho Board.
nm. Wattormon roportod thero are now ovor 504 momborm of tho
GOnOahgiC8l Socioty. At tho hot yard sah, over 51,400
wa8 nottod, and Wa8 mpont on book.. Thero will bo anothor
yard ma10 thim coming wwkend. She reportod tho mpoakorm
motingm, hold in tho Council Chamberm, aro umually fillod to ovor-flowing. -
Trumtoo Coopor roportod there will be an orientation mooting
Augumt 29.
Thmro wa8.no on. premont to spoak on a non-agenda itom.
By propor motion, tho Regular Meeting of Augumt 21, 1991,
was adjourned at 3:45 p.m.
pectfully bmitte, Fe Harriett Babbitt
Uinutom Clerk
7 TRUSTEES
May 31, 1991
TO: LIBRARY BOARD OF TRUSTEES
FROM: Library Director
BULLETIN BOARD POLICY
After further consultation with the City Attorney’s office I believe it would
be best to delete the terminology in the bulletin board policy relating to
local educational opportunities. The issue regarding that terminology is the
lack of definition of what that means, Rather than defining it, it is recom-
mended that the terminology simply be deleted.
Making this change will bring us back to the original proposal that the
board be limited to City and Library sponsored events and legal notices.
CARLSBAD CITY LIBRARY
BULLETIN BOARD POLICY
The purpose of the library's bulletin board is to
provide information about city and library
sponsored events, local educational
opportunities and appropriate legal notices.
The library reserves the right to evaluate
items and determine whether or not to post
them. In general, the following types of
materials will not be posted:
I. Advertising items of business or
individual profit-making enterprises.
2. Political ads or flyers.
3. Religious materials (e.g., church
bulletins and announcements) except
for general directories.
All materials posted must be approved in
advance by the Library Director or his
designee. Materials will be dated and
stamped "Approved for Posting." In case of
questionable items, the decision of the Library
Director will be final.
c
LIBRARY DEVELOPMENT SERVICES
1001 SIXTH STREET SUITE 300 SACRAMENTO, CA 95814
RY
TELEPHONE: (916)
ONPIME: CSLLDS
445-4730
HAY 1991
LIBRARY CITY OF CRRLSBAD
DATE: May 23, 1991
TO : Potential Applicants for Library Bond Act Funds
FROM : Richard B. Hall, Library Construction Bond Act Manager
SUBJECT: The State Library Eligibility & Evaluation Review
Find enclosed an excerpt from the May issue of the California State Librarv Newsletter which details the State Library's eligibility and evaluation review of the first funding cycle submission of applications for Library Bond Act funds. This article has been produced as an overview to assist potential applicants in their
second cycle submissions.
Please have your staff review this information carefully. The article discusses the State Library's review process as well as common areas of non-compliance which were experienced by first cycle applicants. It should be recognized by potential applicants
that the same regulations that were in effect for the first cycle submission are still in effect for the second cycle submission.
It also should be recognized that any application submitted for second cycle funds stands completely on its own, regardless if
there was a previous first cycle submission or not. For further information on this subject, see the section in the article entitled "Submission of an Application Previously Submitted in the First Cycle. (I
If you or your staff have any questions regarding the article, the regulations or the application process, please do not hesitate to contact me at (916) 323-5941.
The State Library Eligibility
& Evaluation Review
In order to assist potential applicants in
submitting an application for the second cycle
of the Library Renovation and Construction
Bond Act Program, it is worthwhile to review
the State Library's activities after the
applications for the first cycle were received.
ELIGIBILITY REWEIY
The first activity was an eligibility review
coordinated by the program manager. This
review was essentially a compliance review to
ensure that the applications met all of the
requirements of the program regulations and
the Bond Act. The State Library was looking
for any significant areas of non-compliance
that might be present in the application.
If a significant deficiency was found, the State
Library completed an eligibility review and
documented everything (including technical
problems) that was found to be in error, and
transmitted an ineligibility determination to
the applicant. This was done in order to
assist the applicant in correcting the original
application so that an application could be
submitted once again for the second cycle of
funding.
If only minor technicalities were found during
the eligibility review, the State Librarian
instructed the program manager to contact
the applicant in order to assist the applicant
in taking the necessary corrective steps
regarding these technicalities. Section 20420
I
(d) (7) provides the State Librarian with the
authority to waive "minor procedural
problems or technicalities which occur during
the submission of applications." However, if
the application was clearly in non-compliance
with one or more of the provisions of the
regulations or the Bond Act itself, the
application was deemed to be ineligible.
It is particularly important to recognize that
Section 20420 (d) (5) and (6) of the
regulations specifically prohibits the State
Librarian or Board from considering an
application if the application and supporting
documents are not received by the application
deadline. This means, for example, that if an
application is complete with the exception of
even one of the requirements (such as the
CEQA documentation. an appraisal, or an
engineering study), the application must be
considered ineligible and cannot receive any
further consideration by the State Librarian.
Just as the applicant is bound by the program
regulations, so is the State Librarian since the
regulations carry the weight of administrative
law as they were developed under the
Administrative Procedures Act.
What kinds of things did the State Librarian
consider as technicalities? Essentially, minor items of oversight or clerical error. If, for
example, a column was not correctly added or the state administrative fee was incorrectly
calculated, the applicant was given an
opportunity to correct these minor problems. There were other common oversights that
occurred during the completion of the project budget that bear further discussion as well.
-6-
CSLN No. 125 (5191)
C~N~NGENCY
For example, there was confusion over how
to calculate the maximum ceiling for
contingency for a project. Section 20418 (c)
(7) states:
"For projects with new construction, an
eligible contingency not to exceed fifteen
percent of the eligible projected
construction cost may be utilized in the
project budget."
Some applicants calculated the contingency
based upon the eligible construction costs
(line 2 of the project budget) plus other line
items such as site development, demolition,
furnishings and equipment, etc. This is not
allowed. The regulation is quite clear in
stating that the contingency can only be
calculated on the eligible construction cost.
The same is true for remodeling projects.
The contingency figure is calculated only on
the eligible projected construction cost for
remodeling (See Section 20418 (b) (3)) which
appears on lines 3 through 5 of the project
budget. In the case of additionhemodeling
projects, Section 20418 (b) (4) applies.
Finally, with respect to contingency, the
applicant should be certain that it is only on
line 7 where any contingency for the project
is shown. Eligible contingency funds are
specifically limited by the regulations to 15%
of new eligiile construction and 20% of
eligible remodeling. Therefore, there should
be no contingency funds included in the cost
for of the other line items in the budget,
including but not limited to site development,
construction or remodeling. In other words,
there should be no additional contingencies
shown in the architect's detailed construction
cost estimate other than what is shown on
line 7 of the project budget.
Another area where there was some
confusion on the part of the applicant was
the calculation of the allowable ceiling for
eligible architectural fees and credit. The
regulations require that the combined credit
and eligible architectural and engineering fees
shall not exceed 12% of the construction
costs. Again, this calculation should be made
based upon the eligible construction and/or
eligible remodeling costs for the project (lines
2 through 5). It should also be remembered
that any survey work, testing or engineering
inspections are considered architectural and
engineering fees and must be entered on line
15 (and not on lines 21 or 22 as an "other"
expense).
WORKS OF ART
Applicants should also remember that only
1% of the eligible construction costs may be
considered eligible costs for works of art.
Just as with contingency and architectural
fees, this is calculated on the figures in the
eligible column of lines 2 through 5.
PARKING SlRUCruRES
There was occasionally confusion on the part
of applicants as to how to handle parking
structures which are to be constructed either
above ground or underground below the
library building. Since this space is not
"normal" library construction as defined in
Section 20418, and since it does provide for
parking which is generally considered as part
of the development of a site, the State
Library is interpreting parking structures as
"site development" for the purposes of the
Bond Act application. Therefore, the costs
for parking structures should be shown on
page 33 under the "site development costs"
section, as well as inzluded in line 8 "site
-I-
CSLN No. 125 (5191)
development costs" of the project budget on
page 39 of the application form. These costs should also be clearly broken out in the
architect's detailed construction cost estimate
and designated as site development costs.
"OTHER" AND LOCAL ADMINISTRATIVE COSTS
Other common problems with the budget
included such things as not specifying an
"other" cost (on pages 33, 39 and 40). This
is necessary in order to determine eligibility.
In some cases, applicants did not break out
specific line items identified in the budget,
but instead indicated that the figure was
included in some other line item. It is
important to break out each and every line
item that is called for in the project budget
form. Occasionally, applicants would not
specify any local administration costs. It is
dificult to see how a project could be
administered with absolutely no local
administration costs since the costs of audits,
appraisals etc. are not eligible costs, but are
required.
LEGAL COUNSEL'S WRITIEN OPINION
Another oversight that occurred concerned
the lack of a letter from the applicant's legal
counsel when title exceptions were present in
the title report. Section 20424 (b) (6) of the
regulations states:
"If exceptions to marketable record title
are present, the applicant's legal counsel
shall submit a written opinion indicating
that the exceptions present do not diminish
the use of the property for a public library
building or in any way diminish or limit the
state's interest in the property."
Since it is difficult to interpret whether or not
certain exceptions constitute an exception to
marketable record title, the State Library
recommends that if there are any exceptions
-8-
present in the title report or the deed for the
site, that the applicant also transmit a written
opinion from legal counsel regarding the
exceptions. In this way, there can be no
question during the State Library's legal
review of the status of the exceptions that are
present.
THE LIBRARY BUILDING PROGRAM
With respect to the building program, there
were two areas that applicants frequently
overlooked. The first is the requirement
under the community analysis to compare
demographic information of the library service
area to the norms of larger populations such
as the county, state or nation. Comparison of
data to the norms of larger populations is
critical in order to place the statistical
information of the service area in some
perspective. Without comparing the average
age of the community, for example, to the
average age of the county, state or nation,
one does not really understand the
significance of the local service area data.
The second area where building programs
frequently fell short was in stating the
conversion standards which were used for
such things as the collection, reader's seats,
special purpose units, staff workstations, or
meeting morn seats. These conversion
standards are necessary in order to monitor
how the space allocations were derived and
evaluate the adequacy of the allocations in
the program.
OTHER COMPLMNCE ISSUES
In addition to technical deficiencies, there
were a number of other areas which
applicants frequently had difficulty with during
the submission of applications for the first
cycle. A brief review of some of the more
common problem areas is prudent to assist
CSLN No. 125 (5191)
potential second cycle applicants in avoiding
these pitfalls.
ARCHITECT'S DETAILED CONSTRUCTION COST
ESTIMAIIE
Applicants should make certain that the
architect's detailed construction cost estimate
matches the information in the application
form. Frequently, the application form
reported different figures for site
development, demolition, furnishings,
equipment and even construction than were
shown in the architect's estimate.
Occasionally, it was impossible to understand
how the construction figure in line 2 of the
project budget had been determined when it
was compared to the detailed cost estimate.
This is particularly problematic if the detailed
cost estimate, for example, shows a lower
figure for construction than the figure which
is shown on line 2. This means that there is
either an inconsistency in the architect's
estimate or the applicant has submitted an
application for more construction funding
than is supportable by the architect's estimate.
Neither is acceptable.
First, applicants should utilize the
methodology on page 36 of the application
form to determine the maximum eligiile
projected construction cost for new
construction, and then if the architect's
estimate is lower, use the lower fipure, not
some figure in between the two figures which
implies the use of a "fudge factor" or an
additional set-aside of contingency funds
which, as previously stated, must be shown
only on line 7.
Again, it is important that all parts of the
architect's estimate match the application
form. In some cases, it will be helpful if the
architect creates the estimate using a
standardized estimating format to obtain a
-9-
total figure, and then "back out" the other
line item costs such as site development,
demolition, furnishing, equipment and any
other costs which need to be delineated
separately on the project budget form. This
approach should be useful to the applicant
and will be very helpful during the State
Library review as well. Also, this approach
should provide a clear method of double
checking the application form against the
detailed construction cost estimate for
consistency.
FURNISHINGS & EUUiPMENT
With respect to the furnishings and
equipment line items, there were two major
areas of concern. First, it is important to
remember that only "furniture" for the library
building that has a life of at least 10 years
can be considered to be eligible "furnishings"
on line 12 Furnishings which are not
"furniture" are not eligible; however, all
fastened shelving and "built-in" equipment is
eligible.
Second, no movable equipment is eligible, but
most all projects will need to show some costs for movable equipment in line 13. This is
particularly important if the applicant is
claiming electronic information delivery units
on page 18 of the application form since
these units must be specified in the building
program and the furnishinm and euuiDment
budget. If there are units specified on page
18 and no money allocated on line 13 of the
project budget, then there is a definite
eligibility concern. This point is critical as
the number of public use electronic
information delivery units per capita is an
evaluation factor.
RESOLUTIONS
A number of applicants had difficulty with the
wording of the resolution which is required to
CSLN No. 125 (591)
support the application. It is extremely
important that the resolution specifically
certify all of the requirements stated in
Section 20416 (a) (1) (A) through (F). The
resolution must have wording that specifically
states that the applicant is certifying the
entire project budget contained in the
application, and not just the total and
matching dollars for the project.
The resolution needs to specifically state a
commitment of the local matching funds for
the project. When specifying the actual
dollar amount of local matching funds, the
amount specified in the resolution should be
identical to the local matching amount
necessary as stated in the project budget form
on page 40 of the application form. If the
resolution cedps a local matching amount for
less than the amount specifid in the pject
budget, there are obvious compliance pmblems.
In almost all applications, there will be some
ineligible costs which must be identified in
the project budget. These ineligible costs are
considered "supplemental" funds, but are
necessary for the completion of the project.
The resolution needs to specifically state the
applicant's ability to finance the supplemental
funds necessary to complete the project in a
timely manner. Further, the resolution must
specifically state that both the local and the
supplemental funds will be available when
needed to meet the project's cash flow
requirements.
In addition, the resolution must specifically
certify the accuracy and truthfulness of all
information contained in the application form.
Finally, the resolution needs to specifically
state a commitment to operate the completed
facility and provide direct public library
service, unless the facility shall be operated by
a jurisdiction other than the applicant. If the
latter is the case, a resolution indicating a
willingness to operate the facility must be
adopted by the jurisdiction that will be
operating the facility after its completion in
compliance with the requirements of Section
20424 (a).
If an applicant is unsure how to word the
required resolution, there is no reason that
the exact language provided in Section 20416
(a) (1) (A) through (F) could not be
effectively used in the resolution. Precision
and thoroughness is critical in this aspect of
the application.
Further, it is important to follow the
requirements of Section 20416 (a) (2) which
states that the resolution must be supported
by official action taken at an open meeting of
the governing body of the applicant and duly
recorded in the minutes of that meeting. In
addition, it is important to remember that the
resolution is to be signed by the du3, elected
head of the jurisdiction and notarized or
validated by affhing the offiial seal of the
clerk of the jutisdiction.
PRIVATE FUNDS
In the case where private funds are identified
in the library project budget, the application
must be accompanied by an account
statement bearing on its face an original
signature of the applicant's fiscal oEficer and
a statement certifying the necessary account
balance from private sources and the
applicant's control over the account (See
Section 20416 (a) (3)).
BOUNDARY SURVEY
Another area of concern is the boundary
survey. First, it is important that the
boundary survey be a drawing and not just a
legal description of the metes and bounds.
Secondly, the boundary survey must be
stamped and signed by a licensed land
surveyor.
- 10-
CSLN No. 125 (5191)
Next, it should be noted that by its very
nature, the boundary survey defines the scope
of the project in that it limits the eligible site
development and project costs to the land
within the area of the survey (or within 100
feet for utility and paving tie-ins). It is for
this reason that the survey must be very
carefully drawn.
There are fundamental problems with an
application that is submitted with a boundary
survey which shows more land (and buildings)
than just the library project site. The
applicant must take care to exclude any land
and buildings which are not part of the
project. This is necessary because Library
Bond Act funds are only for the purpose of
public library construction.
A boundary survey for a proposed project
which includes land and buildings for some
other use than the public library project, is
defining a project in a manner which creates
a misuse and abuse of the program funds.
Since the boundary survey defines the project
site, and since state matching funds are going
into the acquisition of the site as well as
construction and site development, the
applicant must be very careful to limit the
size of the site to the specific scope of the
project which is only for the provision of
public library service.
CREDIT FOR LAND
Along with the boundary survey, applicants
had difficulty with other site-related issues.
Occasionally credit was requested for land
which was not already owned by the
applicant. Section 20416 (e) specifies that
there is no credit aIlowed for land which has
not already been acquired by the applicant as
of the application deadline.
-11
The eligible cost of land can be determined
by either purchase price or appraisal
depending upon the requirements specified in
Section 20414 (g), but if the appraised value
is used, a certified appraisal performed by an
appraiser with either an MAX or an SREA
designation must be submitted. No other
designation is acceptable.
OWNERSHIP & MARKETABLE RECORD TI-ILE
Another site related difficulty was that
applicants occasionally claimed ownership, but
did not demonstrate ownership or marketable
record title. If the applicant claims
ownership, but submits a title report which
shows that the title is held by an individual
or agency other than the applicant, obviously
there are compliance problems. As
mentioned earlier, if there are any exceptions
in the title report submitted, the applicant’s
legal counsel must submit a written opinion
regarding the exceptions.
Many applicants also experienced difficulty
with meeting the requirements of CEQA
Several applicants did not submit the
necessary State clearinghouse documentation
which includes either the compliance letter or
the comments from the state agencies
provided by the State Clearinghouse.
Problems were experienced by applicants that
were submitting either a negative declaration
or an environmental impact report (Em)
when only a draft of the declaration or report
was submitted. It is necessary for the
applicant to submit a final copy of the
negative declaration or EIR Further,
applicants did not always meet the
requirement for a conformed copy of the
CSLN No. 125 (5Dl)
Notice of Determination. The conformed
copy must be stamped by the County Clerk
and signed by the lead agency and filed with
the County Clerk. Applicants must be careful
to make certain that the Notice oE
Determination and not some other document
is stamped by the County Clerk and signed by
the lead agency.
CONCEPTUAL. PLANS
Another area of concern is the submission of
conceptual plans. Page 35 of the application
form delineates exactly what is required. The
applicant should submit no more and no less.
There were several areas where applicants
appeared to have difficulty during the first
cycle submission. The floor plans submitted
were not always single-line drawings and they
occasionally did not provide the allocation of
square footage in the building program and/or
on the plans for comparison. Without these
figures, it is impossible for the review team to
evaluate the adequacy of the plans compared
to the program.
Some applicants had difficulty with the area
plan. Frequently, the area plan did not show
neighborhood buildings, parking or streets,
making it impossible to understand the
context within which the library was being
placed in the community. Area plans should
show the general conditions around the site
for at least one block in each direction.
For remodeling projects, applicants
occasionally failed to show the extent and
limits of the remodeling on the floor plan or
failed to cite the specific sections of State
Statutes, State Building codes or local codes
when the existing building was being
remodeled for health and safety purposes.
With respect to outline specifications,
frequently applicants submitted much more
detail than was necessary to meet this
requirement. It is not necessary to provide a
detailed outline including numerous
subcategories of specifications. An outline
with the major divisions and a basic
description of the type of cohstruction and
occupancy is adequate.
The foregoing has been a discussion of the
most frequently encountered problem areas
experienced by applicants in the first cycle.
The review is not meant as an exhaustive list,
nor does emphasis on any one aspect lessen
the importance of requirements that were not
covered in the article. The regulations that
were approved in November of 1990 are still
in full effect and all requirements must be
met for an aDulication to be considered
eligible.
Submission Of An Application
Previously Submitted
In The First Cycle
For those applicants who submitted an
application for the first cycle and are
considering submitting an application once
again for the second cycle, there are a few
points which need to be clarified. Since the
application and supporting documents which
were submitted at the first cycle deadline will
be retained by the State Library as an official
state record, applicants will be required to
submit an entirelv new aDDlication for the
second deadline if the applicant desires to
make any changes in the original application.
This "new" application will be a modified
version of the original first cycle application,
but the applicant must reconstruct the entire
application, make any desired modifications to
it, and submit it once again prior to the
July 19, 1991 deadline. Since there will be
changes in the original application (including
supporting documents), the application form
must be signed once again and dated with
-12-
CSLN No. 125 (5Bl)
new dates since the individuals are attesting
to the accuracy and truthfulness of this "new"
application. It is important to remember that
any submittal of an application requires an
original and seven photocopies of the
application form, along with a single copy of
all supporting documentation.
Further, it is important to recognize that if
there are any changes in the application or
supporting documents, the resolutions which
are required in Sections 20416 (a) (1) and
20424 (a) will have to be enacted by the
applicant's governing body once again and
enclosed with the submittal of the "new"
application. It is important to recognize that
the resolution required by Section 20416 must
state, among other things, that the governing
body certifies the accuracy and truthfulness of - all information contained in the application.
Since there will be changes in the original
application, an entirelv new resolution must
be aDuroved bv the amticant's eoveming -
to adequately support the "new"
application.
As discussed earlier, it is important to
remember that Section 20416 (a) (2) requires
that the resolution from the governing body
be supported by official action taken at an
open meeting and duly recorded in the
minutes of that meeting. Further, the
resolution must be signed by the elected head
of the jurisdiction and notarized or validated
by the affing of the offcial seal of the clerk
of the jurisdiction.
If the library will be operated by a jurisdiction
other than the applicant, the mlution
required in Section 20424 will have to be
redone as well and submitted with the "new"
application. Since there will be changes in
the original application, the jurisdiction that
will operate the completed facility must
certify their commitment to operate the
proposed facility that is reflected in the "new"
application by providing a newly enacted
resolution indicating a willingness to operate
the facility being proposed in the "&
application.
Also, it should be noted that if private funds
are identified in the library project budget
section of the application form, the applicant
must submit with the "new" application an
account statement bearing on its face an
original signature of the applicant's fial
officer and a statement certifying that which
is required in Section 20416 (a) (3) of the
regulations. In addition, all other required
supporting documents must be submitted as
part of the "new" application in the form
required in the Library-Bond Act. and the
program regulations. .
It is particularly important for those
applicants whose applications were deemed to
be ineligible during the first cycle to carefully
review their entire "new" application submittal
for compliance with the Bond Act and
program regulations, It is clearly the
applicant's responsibility to make certain that
a modified or "ne application is complete
and in compliance with the program
requirements.
An application can, for example, be
determined to be ineligible if a required
document is not submitted for the second
cycle "new" application even if it was
submitted for the first cvcle orieinal
amlication. In other words, if an applicant
forgets to submit a building program with the
"new" application at the second cycle
deadline, the application will be considered
ineligible even if a cow of the building
proeram from the orieinal first cyc le
amlication is on file with the State Library.
Each of the applications submitted at the
different deadlines (cycles) is a completely
separate application that stands alone and on
its own merits. In short, a "new" application
-13-
CSLN No. 125 (SB1)
submitted for the second funding cycle is
entirely independent of a previous (original)
application submission at the first cycle.
Application Schedule
As defined by the regulations, the deadline
for the second cycle applications is 3 p.m. on
July 19, 1991. Applications must be received
by the Bond Act Fiscal Officer, or that
officer's designee, at the following location:
California State Library
Library & Courts Building
Fiscal Services - Room 215
914 Capitol Mall
Sacramen to, California 958 14-4877
Mr. Richard B. Hall, Library Construction
Bond Act Manager, is available to potential
applicants to provide technical assistance by
telephone at (916) 323-5941. This includes
answering questions regarding the regulations
and submission of an application, as well as
reviewing the details of any ineligibility
determination. Applicants are encouraged to
contact Mr. Hall early and not wait until
close to the second cycle deadline.
Further, applicants are encouraged to
schedule an internal completion date for their
applications well in advance of the July 19th deadline. This will be helpful to allow for
the inevitable "slippage" that occurs in any
schedule, as well as time for the applicant to carefully review the final application for
compliance prior to its submission. It was
found that during the first cycle, several
applications were made ineligible because the
applicant failed to submit a required
document that was available locally, but was
inadvertently omitted from the state
submission. A few extra dap to double
check the application might have allowed this oversight to be avoided.
At this point in time, it is unknown by the
State Library how long it will take to evaluate
the second cycle applications, as the number
of eligiile applications which will be
submitted is unknown. The State Library will
review the applications as quickly as possible,
but since there is no additional opportunity to
apply €or the 1988 Bond Act funds, the State
Library will take whatever time is necessary
to provide applicants with a comprehensive
professional review.
With this in mind, applicants who are
submitting documents which are date related,
such as an option-to-purchase, should allow
an adequate amount of time for the State
Library review to be completed even if there
are substantial delays. The State Library is
recommending that an option-to-purchase be
negotiated to allow the applicant until the
Spring of 1992 to execute the agreement.
This will hopefully allow more than enough
time for the State Library to evaluate the
applications, the Board to meet and
determine grant approvals, and possibly even
enough time for grant contracts to be
executed with the successful applicants before
the expiration date of the agreement. The
State Library will attempt to keep applicants
aware of any timetable changes in the
program in the upcoming months.
Eva1 ua t io n Review
Based on the eligibility review, if an
application which was submitted in the first
cycle was determined to be ineligible, there
was no evaluation of the application. For
those applications which were determined to
be eligiile, the State Library staff reviewed
the applications in detail. The eligible
application forms and supporting documents
were reviewed in detail by a six-member
review team comprised of library consultants
-14-
CSLN No. 125 (5/91)
in the Bureau of Library Development
Services.
Each application was carefully examined in
light of the five broad factors for
consideration stated in the Section 19966 of
the Bond Act. Each of the review team
members developed written comments
regarding each eligible application. The
comments were documented on a "Master
Evaluation Form." These comprehensive staff
comments were then summarized in a two
page document entitled the "Application
Summary."
During the staff review of the narrative
portions of the application, the database for
the objective data which was utilized during
the preapplication evaluation was updated
with any revised objective data in the
applications. The nine objective data factors
were compared and analyzed and a "Project
Profile" was produced for each application
which showed an overall ranking for the
objective data only.
This project profile, along with the
application summary and the master
evaluation form, including all staff comments
regarding an application, was transmitted to
the State Librarian for review. Based upon
this information, the State Librarian provided
the California Library Construction and
Renovation Board with his "Findings." The
eligible applications were classified as either
"Very Competitive", "Competitive", "Somewhat
Competitive", or "Less Than Competitive."
Further, the State Librarian recommended to
the Board that only applications which were
very competitive or competitive be funded.
Based upon these findings, the Board made
grant approval determinations.
Records Requests
If applicants wish to obtain copies of any
application information, they should submit
the request in writing to:
Mr. Michael Ferguson
Bond Act Fiscal Officer
California State Library
Library & Courts Building
Fiscal Services - Room 215
914 Capitol Mall
Sacramento, California 95814-4877
Summary
The State Library wishes to acknowledge the
tremendous amount of effort on the part of
many individuals and applicant jurisdictions
which was expended during the application
process. All of the applications submitted in the first cycle have a definite need for funds. It is truly unfortunate that more of the applications could not have been hnded since
the need is so great and obvious.
The application and evaluation process is difficult due to the fact that to a large extent, there is such an overwhelming need compared
to the small amount of state funds currently
available. In order to effectively evaluate an application in such a highly competitive
environment, it was necessary to require an extensive amount of planning information in
order to accurately assess the applications. Nothing was required that was outside of the
Bond Act or the normal planning process for
public library facilities.
The State Library made every effort to review
the application data thoroughly given the staff and time available. The State Librarian believes that the application and evaluation
process has been successful in uncovering those applications which best meet the stated
requirements of the Bond Act.
-15-
CSLN No. 125 (5191)
Branch Librarv SDace Issues
Problem: Lack of space for collection growth over next two years.
Solution: Turn the meeting room into the children’s room. Expand the audiovisual
and print collections into the area formerly occupied by the children’s
collection.
Timinq: Project will take at least two days and could be done over a weekend to
reduce inconvenience to the public. Completion in early September, before
school starts.
Cost: Needed shelving and installation contract already in budget and on order.
City Utilities/Maintenance staff will handle the relocation of audio display
racks and any other small jobs related to the project. There would be no
additional costs to the library.
Main Librarv Videotape Relocation Proposal
Problem:
Solution:
Timing:
- cost:
Currently space is not available in the audiovisual area to put the library’s
videotape collection out in the open for direct public access. In addition,
there are over 5,000 videotapes now fully processed and now in an offsite
storage facility. These tapes can be seen in the online catalog by patrons
but cannot be retrieved. The inability to retrieve videotapes that are seen
in the online catalog is frustrating to the public and has resulted in many
complaints .
Convert the current periodical backfile area behind Circulation into an
open videotape collection. Space available in this area will hold up to
9,000 videotapes. About two thirds of the periodical backfiles along with
all the microform cabinets and all newspaper backfiles would then be
moved into space currently occupied by the video service desk and the AV
workroom.
Complete in September or October 1991. This is a fairly complex renova-
tion project. Utilitiesblaintenance staff have been consulted and would
need to remove the entire video counter, extend the circulation desk, assist
with the move of stacks, and would construct partitions to screen off the
new periodical area. Estimate several days of work. Maintenance staff will
try to handle the heavy work both before the library opens and at their
own shop but the job is so large that there will likely be some reduced
services in both periodicals and at the video desk over a period of two or
three days.
Only library cost is staff time to help move periodicals and videos. Mainte-
nance staff will handle all renovation work.
J
,
P; 0. H
SXOOB 38nL3Id
42" Double JY * s
7
aJ rl F c -4 v1
JNC I
3
-
j" 0
m
STUDY TABLE U
a
STUDY TABLE El
N
W ,-tm
3
a, u 4J a, m m (dm Wh (d 04 -4 a am 7 -4
I
m
dJ
4n
. N
rl
.
m
1
m a' < 'a H n 2 e W a
t
SIV3IQOIIl3d
1
I I
I
v) a C U H n 2 d W a
,
-
A‘d.LN3 I
I3 z w
c3 z 4 p: ffi 4
M ;n w a
z 0 H E.l
3 W ffi H V
w in 3 pc 0
PI
2
3
a
- -- i-
I
I
.- ---
Y 00 wow
-1
I
I
I
c’)
W
a
<
e
0
W
CI
H
>
VI
W
a
d
t..
0
W
n
H
>
..
m
W
a
4 e
0
W
n
H
>
GIFT CATALOG
FOR THE NEW CARLSBAD CITY LIBRARY
You can help stretch library budget dollars....
The new Carlsbad City Library will open in 1993. This catalog pictures the equipment not budgeted but necessary for the new facility. Your contributions toward the purchase of any of these items will help to insure the best services possible. The Friends of the Carlsbad City Library urge you to support your library by mailing a tax deductible donation for the purchase of any item or items in this catalog. All contributions will be acknowledged and publicly recognized.
If you would like to enjoy the privileges and satisfaction of belonging to the Friends of the Carlsbad City Library, see the membership information on the last page of this brochure.
Thank you.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Books (reference books and books $25 and up on tape)
Plants
accessories, supplies and film to video conversion. (Contribution will appear in credits section of part I1 of the '!New Library" video documentary schedule to begin with ground- breaking.) Word processor and printer for the children's department World Book on CD ROM and printer for the children's department Educational "DUPLO" toy table for the children's reading area Tropical fish aquarium and maintenance Laminator for the children's department World globe on stand for the children's department New puppet stage for story hour Panel saw $1,000 Frame clamps (4 at $7.50 each) 30 Nail gun (electric - w/2" nails) 40 Tool box (roll around t locking) 200 Ladder 300 Drill motor (variable speed-cordless) 45 Box drills 35 Skill saw 150 Tape measure 20 Framing square 15 Hammers (2 claw type at $15 each) 30 Crow bar 12 Level (frame type) 25
Magazine and newspaper subscriptions $15 - $200
S-8 movie camera with inteval timer, $2,000
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
Level (line type) Putty knives (2 at $5 each)
Extension cords (2 at $15 each) Hand truck
Set of screw drivers
Drop cloth Wrench set Work cart on wheels
Dust broom C pan
Dust mop or floor broom
Mat knives (2 at $5 each) Tape lrgun" dispenser Assorted bolts, screws, nails, etc. Roll gallery wire (framing wire) Paint rollers, pans (2 of each) Paint brushes (6 of each) Wood extension handle File cabinet (4 drawer)
Hand saw Answering machine IBM Selectric typewriter Electronic Encyclopedia on CD ROM computer and printer Computer security Computer earthquake proofing materials
$ 10 10
30
50
35
15
50
100
35
15
10
15
75
30
15
20
5
150
20
150
GIFT ORDER FORM
Name Phone
Address
Please accept my tax deductible contribution of $ I would like my contribution to purchase
Order # Quantity Price $
Total Price: $
Please make checks payable to Friends of the Carlsbad City Library.
Your gift will be acknowledged by mail for tax records.
Return to: Friends of the Carlsbad City Library
1250 Elm Avenue Carlsbad, CA 92008
MEMBERSHIP APPLICATION FORM
Friends of the Carlsbad Library, Inc.
1250 Elm Avenue, Carlsbad, CA 92008
.. organization $ <?j Patron $(?) 1
Life Membership $(?) I would like to send an additional $ to support the FRIENDS.
WHAT THE FRIENDS DO... Special fundrising events such as book fairs provide about
$(?) each year for the Friends' multifaceted support of the
library ... The Spirit of Love, our quarterly newsletter, describes upcoming Friends' events as well as library activities. An
impressive roster of speakers and special events add to the cultural enrichment of our city ... Friends volunteers also provide a wide range of service to the library and its staff.
.
MAY 15, 1991
TO: BOARDS AND COMMISSIONS NEWLY DESIGNATED EMPLOYEES
FROM: City Clerk
City Attorney
LOCAL CONFLICT OF INTEREST CODE
The City is in the process of updating its local Conflict of Interest Code as required by the Political reform Act of 1974 (Gov't Code 5 81000 et seq.). The purpose of the Act is to prohibit designated employees and members of boards and commissions from participating in decisions on matters in which they have an economic interest which may be affected by their decision. Therefore, the local code requires those people in designated positions to disclose certain economic interests and sources of income within the jurisdiction. For the City, that jurisdiction is
the City limits or within two miles of the City limits.
The City Council, the Water District and Redevelopment Commission
will be amending their local codes at a public hearing in the next
few months. Once it is adopted, it has the force of law and you
must comply with its provisions. If you are a newly designated
position in the Code, you must file an initial Statement of
Economic Interest with the City Clerk within 30 days after the Code
is adopted. State law requires that you disclose investments,
business positions, and interests in real property held on the effective date of the adoption of the Code and income received
during the 12 months before its adoption. After that, you will be required to file annual statements for each calendar year. The
City Clerk will send you all of the necessary forms and instruction
manuals in order to assist you in meeting the filing deadlines.
The purpose of this memorandum is to alert you to the fact that the amendment affects you. Attached is the proposed code. Therefore,
you are encouraged to read it and contact us with any questions
regarding the Act or the local Conflict of Interest Code which will
be adopted.. n
RONALD R. BALL Assistant City Attorney
ALETHA L. RAUTENKRANZ I
City Clerk
rmh/attachment
c: Arts Manager
Library Director Manager of Research Parks and Recreation Director Human Resources Director Senior Citizen Coordinator Traffic Engineer Carlsbad Municipal Water District Administrative Manager
CONFfrI CT 03 INTERE ST COD8
OF TIIE CITY OF CARLSBAQ
TEE H OUSING AND REDEVELOPMENT COMMISSION OF TEE CITY OF CARLSBAQ
TBE CARLSBAD MUNICIPAL WATER DIST RICT
ARTICLE I. GENERAL
SECTION I: Tim: This Code shall be known and may be'cited as Itconflict of Interest Code of the City of Carlsbad and the Housing and Redevelopment Commission of the City of Carlsbad and the Housing Authority of the City of Carlsbad and the Carlsbad Municipal Water District.vv
SECTION 11: Authoritv : This Code is adopted pursuant to the provisions of the "Political Reform Act of 1974", Title 9 of the Government Code commencing with Government Code Section 81000 and Section 18730 of Article 2 of Chapter 7 of Division 6 of Title 2 of the California Code of Regulations.
SECTION 111: purnose: This Code is adopted in order to:
a. Assure that all employees designated herein perform their duties in an impartial manner, free from bias caused by financial interests;
B. Enumerate and differentiate the positions of employment within the City which involve the making of decisions which may foreseeably have a material effect upon a financial interest;
C. Require the disclosure of such interests, by setting forth the specific types of interests which are reportable for each posit Ton ;
D. Require that designated employees disqualify themselves from participation in City decision-making which may involve a conflict of interest.
SECTION IV: Incornorat ion bv Refer enca: The provisions of Title
2 California Code of Regulations Section 18730, except Section 8.5 thereof, a copy of which is attached hereto marked Exhibit v8Atv, are
hereby incorporated by this reference and constitute the Conflict of Interest Code of the City of Carlsbad and the Housing and
Page 1 of 3
Redevelopment Commission of the City of Carlsbad and the Housing Authority of the City of Carlsbad and the Carlsbad Municipal Water District.
SECTION V: Amendments: Section 4 of the Code found in Title 2 California Code of Regulations Section 18730 is replaced with the following Section 4:
Section 4: All designated employees shall file the
statements of economic interests required herein with the City Clerk for the City of Carlsbad. Where the person filing such statements is required to file multiple statements on account of his or her capacity in both City and Agency, filing may be. made on a single form(s) , specifying therein that it is filed in both capacities.
APPENDIX
A. Persons holding positions listed in the Appendix are required to file the initial, annual, and leaving office
statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure CategoriesB8 opposite the column "Designated Positionsmv. It has been determined that these persons make or participate in making decisions which foreseeably may have a material effect on such financial interests.
B. Where the disclosure category requires disclosure of interests in real property, the designated employee need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency.
C. Where the disclosure category requires disclosure of investments or sources of income, the designated employee need only disclose investments in business entities and
sources of income which do business in the jurisdiction,
plan to do business in the jurisdiction or have done business in the jurisdiction within the past two years. In- addition to other activities, a business entity is
doing business within the jurisdiction if it owns real
property within the jurisdiction.
D. Where the disclosure category requires disclosure of business positions, the designated employee need only disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit.
SECTION VI: 11Act88 means the Political Reform Act of 1974,
comprising Title 9 (commencing with Section 81000) of the
Government Code of the State of California.
&:
Page 2 of 3
.
SECTION VII: Desianated ,emDlovee: "Designated employee11 means any officer, employee, commission or board member or consultant to the City whose position with the City is listed in the Appendix of
this Code.
SECTION VIII: Desianated Dosition: "Designated position" means a position with the City specified in the Appendix of this Code and
requiring disclosure as provided in this Code because the position
entails the making or participating in. the making of decisions which may foreseeably have a material effect on a financial
interest.
SECTION IX: Recrulat ions: ltRegulations@g mean the regulation of
the Fair Political Practices Commission adopted pursuant to Title
9 of the Government Code and reported at Title 2 of the California Code of Regulations commencing with Section 18100.
SECTION X: JteDed: This Code shall repeal and supersede the
llConflict of Interest Code of the City of Carlsbadl@ adopted October
2, 1979 and Title 9 of the Carlsbad Municipal Water District
Administrative Code.
SECTION XI: Effective date: This Code shall be effective upon
adoption by resolution of the appropriate code reviewing body.
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
Page 3 of 3
I
, 0 18730. Rd8kfW Of COtWlCt Of IfltOfWt Cod@&
(a) Incorpontian by rcfercnct of the tams of this regulation dong Withthede~~onofemploytesandtheformulation ofdiscloaurecuc
gorier in the Appendix =fen& to below constitute the adoption and pro-
mentCodc~tion87300ortheamendmentofaconflictofintmstcade
withinthemeMineofOovenrmntCode~on87307ifthetermsofthis
regulation ate substituted for terms of a conflict of interest code already
ineffect. Acodesoamardcdoradopttdandpromuigatcdrcquircsthere-
portingof~~kitemsinamannersubstantiallyequival~ttothcrt-
quhments of article 2 of chapter 7 of the Political Reform Act, Govern- ment Code sections 81000, ct sq. The rtquircmCnts of a conflict of
intacstcode~inadditiontoothareq~ntsofthePoliticalReform
Acfsuch~thcgtrmalprohibiti~asrrinstconflictsofintmstcontaintd
mulgation of a CORflict of interest code within the meaning of Govern- .A
in G0V-t codt sa~tion 87100, and to other state local laws p~r-
taining to codicts of intcxest.
promulgated ppsuant to this regulation ate as follows:
(1) section I. Definitions.
(b) The terms of a conflict of inmest code amended or adopted and
The dehitim c~ntainod in thc Politid Ref- Act Of 1974, rtgula-
tion8 of the Fak Political Ractices Commission (2 a. Code of Regs.
SCC~~OM 18100 et acq.)* and any amendments to the Act or regulations,
areifKqmud by reference into this conflict of intacst code.
(2) Section 2. Designated Employees.
Thc persons holdin8 positions listed in the Appendix arc designated employees.Ith~~ndcterminedthatthellcprmonsmakearparticipate
in the making of decisions which may faasecably have a matuial effect
on furancial intmats.
(3) section 3. Disclosure categories. 'Ibis code does not establish any dj~closm obligation forthosc desig-
natcd employees who arc also spccificd in evanamt Code section
87#)0 if they arc designated in this code in that same capacity or if the
geographkd jurisdiction of this agency is thc w~mt as or is wholly in-
cludcdwithin the jurisdiction in which those persons mustrcport their fi-
n8ncial intmsts pmuant to article 2 of chapter7 of the Politid Reform
~~v~ntCode~ti~87U)IO,ct#q.'Suchpersanrarecovmd
by this code far diqualifkation pyrpo#s only. With rcspect to all othcr dea~~employtes,thediscloa~cattgoritsbdforthintheApptndix
specify which kinds of financial intmsts atrc reportabk. Such a desig-
nated employee shall didost in his or her statement of economic inter-
ests thbs f-ial intmsts he or she has which arc of the kind descxibcd in the disclosane catcgaries to which he or she is assigned in the Appen- dix. It hru been dctcrmincd that the financial intcxcsts set forth in a desig-
natedemployec's disclormrecategories an the kinds of financial interests
which he or she foreseeably can dect materially through the conduct of
his or her Offkc.
(4) Section 4. Statements of Economic Interests: Place of Filing.
miucodetofiltstattmentsofeconomic~~~withthtaetncy~with
the code reviewing body, as provided by the code miewing body in the
agency's codkt of intenst code3
3
i 'Ihecodereviewingbody~hallinseuctalldesignatedtmplo~~with-
.
Page 1 of 5
(5) section 5. Statements of Eco~~llc Interests: lme ot khg.
(A) Initial Statements. All designated employees employed by the agency on the effeaive date of this code. as originally adopted, promul-
gated and appved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each per-
son alrcady in a position when it is designated by an amendment to this codc shall file M initial statement within 30 days afta the effective date
of the amendment.
(B) Assuming Offia Statements. All pasons assuming designated
positions after the effective date of this code shall file statements within
u)dayspftcrassumingthedesignatedpositi~s,orifsubjecttoStpteSen-
ate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designatcdemployees shall file statements no later than April 1.
@) Leaving Officc Statements. All pcxaons who leave designated po-
sitions shall file statements within 30 days after leaving office.
(5.5) Scction 5.5. Statements for Prmons Who Resign 30 Days After Appointment.
Pasons who resign within 30 days of initial appointment aae not
deemed to have assumed office or left office provided they did not makc
or participate in the making of,= use their position to influence any deci- sion and did not lrcocivc or become entitled to dve MY form of pay-
ment as a re8ult of their appointment. Such persons shall not file either
an assuming or leaving office stotemmt.
(6) Section 6. Contents of and Puiod Covered by Statcnmb of Em-
nonricIntereds.
(A) Contents of Initial Statemcnta. Initial statenmts shall disclo# MY reportable investments, intenr3r
in md property and bushcss positions held on the effective date of the codcandincamereccivedduringthe 12monrhsp1iortotheeffoctivedate
of thecode.
(B) Contents of Asmaming Office !3tatmmnts.
Assuming office statcmcnta shall disclose any icportnble inve8tumts,
ing office ar, if subject to State senate confirmation or appointment, on the date of nomination. and income mxived during the 12 months prior
to~~ofas~goffice~thed~ofbe~~~~~no~
respectively . (C) Contents of Annual Statements. Annual statements shd disclose
any mportable investments, interests in real property, income and busi-
ness positions held or received during the pievious calendar year pro- vided, however, that the period covmd by an employee's first annual
statement shall begin on the effective date of the code or the date of as-
hterrstr hd pmmd bu8bSspofi~~hdd On thedate Of am-
suming offie whichever is lata. (D) Contents of Leaving Office Statements.
Lenvingoffiiccrtatements shalldisclosereportablemvcstnmts,inter-
, est8 in real property, income and business positions held or rtctived dur- -- ing the period between the closing date of the last statement fibd and the
due of leaving office.
(7) Section 7. Manner of Reporting.
Statements of cconomic interests shall be made on fenns prtscribed by the Fair Political Practices Commission and supplied by the agency,
and shall contain the following informatiorc (A) Investment and Rcal Property Disclosure.
When an investment or an intenst in& ppcrtf is required to be
q0nc4t4 the statement shall contain the following:
1. A statement of tht natlllrt of the investment or interest;
2. The name of the business entity in which each investment is held and a gend description of the business activity in which thc busincas entity is engaged,
3. ?he addnss or other precise location of the real property;
4. A statement whetherthe fair market value of the investment or inter- est in real property e& one thousand dollars (S 1 ,OOO), excdtdt ten thd dollars (Sl0,OOO). or exceeds one humid thousad dollars
(S loo,ooo). Page 2 of 5
Page 3 of 5
(B)~lncomeDisclo~.Whenprrsonalincomeisr#luisodto
1. 'Ihe lllllkt and address of each source of income aggrcgatiq two
hundred fifty doh ($250) or morc in valuc, or fifty dollars ($50) a more in value if the incorm waa a gift, anda general description of the
buhs activity. if any, of each source.
2. A stetement whether the aggngate value of income bm each
sotme, or in the case of a loan, the highest amount owed to each soulrcc,
lars ($1,000), or greater than ten thousand dollam (Sl0,OOO);
3. A description of the Consideration, if any, for which the income waa
received;
4. In the case of a gift. the name, address and business activity of the
donor and any intenndky through which the gdt was made; adescrip
tion of the gift; the amount or value of the gift; and the date on which the sift waa received;
5. In the case of a loan, the annual intmest rate and the sacuxity. if any, given for the lm.
(C) Busineaa Entity Income Diacloau~~. When income of a business
entity, including income of a sole proprietorship. is requid to be re-
ported6the atatcmmt shall contain:
1.- ~,~saandageneraldescri~onofthebusinessactivity
of the businesr altim
2. 'Ihe namc of every pason from whom the b-88 er@y rcccivcd
papnta if the fila's pro ratn sham of gnws mxipts from such pason
waa qual to or patm than ten thousand doh (Sl0,OOO). (D) Buaincss Poaition Diaclosm. When business positions am re-
quired to be rqxxtd, a designated employee shall list the name and ad-
drtss of each businesl entity in which he or she is a dimctor, officer, part- ner, mstce, employee, or in which he a she holda any position of
management, a description of the business activity in which the buaincaa
entity ia engaged and the designated employee's position with the busi-
ness entity. (E) Acquiaitim aDiapo8al During Reporting Pdod. In the- of an
annual a leaving office atatcmcnt. if an investment or an htmst in repl property waa pattially or wholly acquiredordisposedof during the period
tim or disposal.
(8) Section 8. Disqudiflcation.
No designated employee shall make, Participate in maling, OK in any
way attempt to use hisorherofficialpoaitionto influence the of any govenunentrldcckion which he or shc knows or haareuon to know
will have a reasanably forcdle material fuuncial eff- distinguish-
able bm ita effect on the public generally, on the official or a mcmk of hiaorherimmdratr? - Eamilyoron:
_-_ (A)Anyburinessentityinwhichthedesignatedempioyeehsradircct
or indkect investment Wd one thd dollar8 ($l,oOo) or rmm (B) Any real propaty in which the designated employee ha8 a dim%
01 indirect inmst warh one thousand dollars (S1,OOO) or mort;
(C)hy sowxof income,othcrthangiftsMd otharthanloana by a
COmmcmd * lending institution in the regular course of buaincaa ontuma
available to the public without regard to official stataaa, aggregating two
hundred my dollars ($250) or mort in value provided to, ltctivod by or
promised to the designated employee within 12 monthn prior to the timt when the decision ia mrdt, (D)Any~~entityinwhichthedesignattdemployeeiaa~,
officer, partner, trustee, employee, or holds MY poaitim of managemmG
a
(E) Any donor of, or MY intermediary or agent for a donor of, 8 sift
or @?a agsngating Sw) or more in value provided to; received by, or pmistd to the designated employee within 12 months prior to the time
when the decision is made.
beIrc~~the~lnentshaucontain:
was O(IC thousand dolh (S 1 ,ooO) less, greats than OIW thousand dol-
COV@ by the statement, the statement shall contain the date Of a~qubi-
(8.3)sectiOn8.3.Le~yRquirulpaaicipatiOn.
No de- employee shall be pevented hm making or mipat-
hg h the making of any decision to the extent his or ha partkipation is
legally required for the decision to be made. The fact that the vote of a
designated employee who is an avoting body is necdcd to break atie does
not~ehisorher~i~onlegallyrcquiredforptrposesofthissac- tion.
(8.5) Section 8.5. Disqualification of State Offices and Employees. In addition to the general disqualification provisions of section 8. no
drte adminirb..tive official shall ma& wipatc in making, or use his
or ha official position to influence any governmental decision directly
!dating t0My-t Whaethe 've official knows or
has reason toknow that any paity to thecontract is a person with whom
the state admirristrative official, or any member of his or her immediate
family has, within 12 months prior to the tim when the official action is
tobetaken:
available to membas of the public, regllrding any investment or interest
(B) Engaged in a business transection or transactions on terms not
available to members of the public regarding the rrndering of goods or services totaliig in value one thousand doh ($1.000) or nunc.
(A) &gaged in a business transaction or hnnmct~ 'OMontermsnot
inrealpr0patY;or
(9) Section 9. Manner of Disqualifiion.
When a designated employee determines that k Q she rhould nd
make a governmental docision because he or she hrradbqdfyhg ia-
terestiniit,the- * 'on not to act must be accompanied by disclo-
KC of the disqqurlifying interest. In the case of a voting body. this deter-
mination aad disclosure shall be made part of the wy's official
rrcord, in the are of adesignatalemployee who is tbc hed of UI agency,
this&tcrmin~on urd disclosure shall be de in writing to his or ha
rppointingsuthority;.ndinthecareofother~gnrtademployeer,thir
dctamhth mddi8closll!c shall bed in writing tothe deaignatcd emplop's supcrvbor.
(10) Section 10. Assistance of the Commis8ian and Counrel.
Any desipatcd employee who is unsure of his ar her duties unda this code may request assistance.brn the Fair Politicrl Rrctioer Cunmis-
sionpurwanttoGovernmntCodesection83114orhntherttonreyfor his or heragency,pmvided that nothing in thislectionrquimthe attor-
my for the apcy to issue any fd a infonnal opinion.
(1 1) Section 11. Violations. ma oodc has the fom and effect of law. Designrted employets vio-
lating any proviaia of this code Wbjed to the W~VC, Crimi-
nal and civil maions provided in the Political Reform Act, Govanmcnt code Sactionr 81000-91014. In addition, adcciian in relation to which a violation of the disqualification provisions of this codc or of Govem-
ment Cock scctian 87100 or 87450 has occllmd amy be set aside as void
pursuant to Qov~nt Code section 91003. Nm Authaiy citd Section 831 12, Oovamaeat Codc. Ref-. sccciOnr
87300-87302 Govanmcot code.
HWItXY
1. New rsaiaafiW4-2-80um ~dcuiveupmmhy(Ragba80.
2. Editai.lcamuma ' (Register 80. No. 29).
3. AmmQaent of subaectkm (b) frlcd 1-94; effective thhietb day thacrfta (Rcgirta 8 1, No. 2).
thaerfter (Regirtn 83, No. 5).
tkaftcr (Regher 83. No. 46).
_- '.
No. 14). wm ofbplhX IDC .
4.Amendmcntofruksaraa . (bx7XB)l. filed 1-26-83; thiticrh d.y
5. AmenQnmt af Nbwctioa (bM7XA) fikd 11-1043; d-e thirticdr dry-
6. AmcnQnent fM 413-87; operative 5-13-87 (Regism 87, No. 16).
7.Amendmentaf- * (b) fM 10-2148; oplrriw 11-20-88 (Rceirta
8. Amendment of ~besaiaar (bK8)(A) md @M8)(B) md numauu editai.l
88, No. 46).
*U fi 8-28-m; opentive enso m. 90, NO. 42).
Page 4 of 5
---
Page 5 of 5
APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CARLSBAD
AND THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD
AND THE CARLSBAD MUNICIPAL WATER DISTRICT
The positions and categories within the City listed in this appendix are @@designated positions. @@ Any person whose position with the City is a designated position is a designated employee. Designated employees shall disclose in the manner provided in the
Amended Local Conflict of Interest Code of the City of Carlsbad those financial interests which are within the categories represented by the number(s) following the listed position. The categories correspond to the subsections of Title 2, California code of Regulations Section 18703, subsection 7 and represent the following disclosures: @@l@* investment and real property disciosure;
@@2@@ personal income disclosure; @@3@@ business entity income disclosure; '@4" business position disclosure.
DESIGNATED POSITIONS DISCLOSURE CATEGORIES
Mayor and Members of the City Council *
Chairman and Members of the Housing and
President, Vice President and
Redevelopment Commission *
Members of the Carlsbad Municipal Water District * City Manager * City Attorney *
Redevelopment Commission *
Redevelopment Commission *
Secretary to the Housing and
Attorney of the Housing and
City Staff under City Manager:
Accountant 2, 3, 4 Arts Coordinator 2, 3, 4 Assistant City Engineer 1, 2, 3, 4
* Thii position is required tu report by VimK of (kwrnment code Section 87200. It is included for disqualification purposes
only. See Government Code Section 87200 for disclosure requinments.
* * When a designated employee is also required to file a conflict of interest form under Article 2 (Gofl Code §87200, Form 721) of the Ac& he or she may expand their stament to covrr reportabk in- in both jurisdii or both positions and tile
copia of thii expanded statement with the City Clerk provided that each copy of such expanded statement fikd in place of
an original is signed and Verified by the designated employee as if it were an Original.
Page 1 of 4
I.
Assistant Finance Director
Assistant Library Director
Assistant Planner Assistant Planning Director Assistant Utilities and
Associate Planner Maintenance Director
Building Inspector 1
Civil Engineer Assistant Civil Enaineer Associate 1
1
Community Redevelopment Manager
Construction Inspector
Construction Supervisor
Data Processing Manager DeveloDment Processina Manaaer
1, 2,
2, 3
2, 3
2, 3
2. 3
I Finance Director 1. 2.
3, 4
3, 4
3, 4
3, 4
3, 4
3, 4
3, 4 3, 4
Fire Battalion Chief
Fire Captain Assigned to Prevention Bureau
2, 3
2. 3
Library Director Manaaement Analvst 1; 2; 3, 4
2. 3
Parks and Recreation Director - Parks SuDerintendent
1; 2; 3; 4
1. 2. 3. 4
* * When a designated employee is also required to file a conflict of interest form under Article 2 (CoVt Code g87200, Form 721)
of the Act, he or she may expand their statement to cover r~portable interests in both jurisdictions or both positions and file
copies of this expanded statement with the Cily Clerk provided that each copy of such expanded statement filed in place of
an original is signed and verified by the designated employee as if it were an original.
Page 2 of 4
* Planning Director Police Chief
2, 3
Recreation Superintendent 2, 3
Senior Citizens Coordinator 2, 3 Senior Construction Inspector 1, 2, 3
Manager 1, 2, 3, 4
1, 2, 3, 4
Research
Risk Manager
Utilities and Maintenance Director
. ..
City Attorney's Office:
* This position is required to report by virtue of Government Code Section 87200. It is included for disqualification purposes
only. See Government Code Section 87200 for disclosure requirements.
Page 3 of 4
.
Page 4 of 4
CARLSBAD CITY LIBRARY
STATISTICS
May 1991
CIRCULATION STATISTICS
May. May.
1990 1991 % Chancre
MAIN LIBRARY
Print Materials 51,994 54,245 +4
Video Tapes 8,827 7,999 -9
Audio Visual Equipment 57 17 - 70
Total MAIN LIBRARY 60,878 62,261 +2
BRANCH LIBRARY
Print Materials Video Tapes 14,523 15,617 +8
1,766 2,231 + 26
Total BRANCH LIBRARY 16,289 17 , 848 + 10
TOTAL CIRCULATION 76,547 80,109 +5
.............................
REFERENCE OUESTIONS
MAIN LIBRARY
Genealogy Adult Children's Online Searches
869 1,212 + 39
6,451 6,720 +4
2,902 3,098 +7
18 30 + 67
Total MAIN LIBRARY 10,240 11,060 +8
Total BRANCH LIBRARY 1,203 1,989 + 65
TOTAL QUESTIONS 10,574 13,049 + 23
.............................
PEOPLE COUNTER (Daily Average)
Main Library
Branch Library
1,662 1,718 +3
458 514 + 12
TOTAL 2,120 2,232 +5
.............................
May. May.
19_90 1991 % Chanae
b 1 PO
Adult Programs Children's Programs
25 30 + 20
2.018 1.597 3
TOTAL 2,043 1,627 - 20
.............................
LNTERLIBRARY LOANS
BOOKS AND REFEREN CE
Requests by Carlsbad
Received by Carlsbad Requests of Carlsbad Filled by Carlsbad
107 133 + 24
132 132
297 291 -2
104 100 -4
--
.............................
J?FW REGISTRATIONS
Main Library
Branch
TOTAL
900 868 -4
2 17 194 ZLU
1,117 1,062 -5
2
wlnooo o(vlno0
dcumob dbbbrl wmw d
w
. .
. .
* rl
co rl cv
.
0 rl
bI lnI mI
rl .
m 00
co u m
rl rl
.
0 0
rl rl 0
Ill Ill Ill
cn w w Er
(21
w
H CI
cn w B w
cn
cu 0
ln rl ln
0 m rl
.
.
0
ri
co w *
cv .
m b
0 0 Lo . m