Loading...
HomeMy WebLinkAbout1996-07-24; Library Board of Trustees; MinutesMINUTES MEETING OF: DATE OF MEETING: TIME OF MEETING: 3:OO P.M. PLACE OF MEETING: LIBRARY BOARD OF TRUSTEES July 24, I996 City Council Chambers CALL TO ORDER: President Moss called the meeting to order at 3:OO p.m. ROLL CALL: Present: Also Present Were: Library Board Trustees Moss, Curtin, L’Heureux, McCann and Woodward. 8. Cliff Lange, Library Director Geoff Armour, Assistant Library Director Frank Mannen, Assistant City Manager John Cahill, Engineering Department David Smith, Library Consultant Brad Miller, Architect Mig Chaney, League of Women Voters APPROVAL OF MINUTES: The Minutes of the Regular Meeting held May 22, 1996, were unanimously approved as presented. M 0 NTH LY LIBRARY D IVlSlON HEADS RE PORTS : President Moss referred to the reports contained in the packet and asked for comments or questions. She suggested looking at both May and June together. President Moss asked if Adult Learning tutors expenses are paid when they attend workshops. Assistant Library Director Geoff Armour said he thought not and President Moss asked if there was any way this could be done. President Moss inquired about sending notes of congratulation when something special is done by a library division. She wondered if each board member could take a division - Children’s, Adult Learning, etc. - and take the time to drop a note. President Moss said she thought it was important to do more outreach and acknowledge what July 24, 1996 LIBRARY BOARD OF TRUSTEES Page 2 MONTHLY LIBRARY DIVISION HEADS REPORTS : (Continued) people are doing. All board members agreed that this was a good idea. Board Trustee L’Heureux commented on the decrease in Reference activity and wondered if that could be attributed directly to the Information Desk. Board Trustee Curtin asked if Periodicals was staffed by volunteers and was told it is staffed by part-time paid employees. He hoped the general demeanor of these employees could be improved. LIBRARY BOARD COMMENTS: None. QUARTER CENT SALES TAX MEASURE UPDATE: Director Lange announced that the County Board of Supervisors has created a Library Authority to place ab% cent sales tax measure on the ballot in November. That Authority will be made up of the mayors or their representatives of each of the cities in the county, plus a representative from the Board of Supervisors. There will be 19 members on that Authority. The representative from the County Board of Supervisors will be Pam Stater, but Director Lange said he didn’t know where we are in terms of the city, whether the Mayor will represent Carlsbad or have someone from the Council go. There will be two meetings of that Authority over the next couple of weeks. To approve the ordinance it has to have two readings and has to be done before August 9, which is the deadline for placing the measure on the ballot. The activity at the board meeting yesterday began with agenda item No. 17 at 10:45 a.m. and finished at 12:05 p.m. There were 27 people who had signed their support in approval of the measure and there were 17 people who got up and spoke in favor of it. Nobody spoke against it. They made some modifications in the resolution, relatively minor ones, and that will be reviewed by the Authority. Director Lange said he will be going to a meeting tomorrow afternoon to discuss this further in terms of the content of the ordinance and the plans for the campaign as well. After the County Board meeting a group met to talk about strategy and there is an organization called “CALL” which is Citizens in Action for Local Libraries, which is a political action committee that’s been in existence for a couple of years. That will be the vehicle to coordinate the county-wide campaign. They have hired a campaign consultant. There are three people, John Kern, Larry Reemer and Chris Crotty, who will help plan and map out the strategy for the campaign. There is a lot of support from organizations in the County and all the media are supportive of the measure. In fact, several people who got up and spoke in favor at the board meeting July 24, 1996 LIBRARY BOARD OF TRUSTEES Page 3 QUARTER CENT SALES TAX MEASURE UPDATE: (Continued) were people who represented the Farmer’s Union and other rural organizations that were represente’d as well. A member of the San Diego School Board got up and spoke in favor as well and there were a lot of Friends of the Library people there. So, the situation now is that if the Authority approves by a vote of two thirds to place the measure on the ballot, the campaign will begin. It will probably be in two pieces: one piece will be a public information campaign and will occur roughly between September 5 and October 5 and then the actual political campaign full-force will be from October 5 to election day, November 5. That will involve telephoning, knocking on doors, doing all kinds of promotion in the communities. What they hoped for was that we would get two or three hundred volunteers in each of the cities to help mount this campaign and get people to vote “Yes”, It’s a long shot, probably, at best but there certainly was a lot of optimism among all the folks who were there. Director Lange said he had a copy of a sheet that was handed out that shows the anticipated revenue from the quarter cent sales tax, broken down by city and by the county’s portion as well. Board Trustee Curtin referred to a program he saw on PBS regarding the San Francisco Library which described how they raised money for the library by devoting sections of the library to various groups and getting support that way. . President Moss said we may have to strengthen the Senior area. They use the library a lot and they need to be reminded that they use the library a lot because often the negative on the tax vote comes from that area. Director Lange noted that a couple of pluses on this measure are that it’s a limited one; it goes for five years and then goes away and, secondly, when you figure out what the cost is - a quarter of a cent - it means you spend 25 cents on the $100 dollars and for a thousand dollars it’s $2.50 more. It’s not a large amount. Another plus with sales tax is it’s not just residents of San Diego County who pay it, it’s paid by anyone who comes and visits. Board Trustee McCann asked at what point will the specifics of the measure be pinned down. Director Lange said it would be before the vote of the people. The specifics will be in the ordinance and in the ballot statement. Director Lange’s presentation ended after further discussion of this ballot measure. July 24, 1996 LIBRARY BOARD OF TRUSTEES Page 4 ARCHITECT PRESENTATION: Director Lange acknowledged Assistant City Manager Frank Mannen and John Cahill. Director Lange announced he has asked the architects and David Smith to make a presentation to the board today regarding the status of the new library building. Director Lange proceeded to introduce David Smith, the library consultant, Mr. Smith gave an overview of what has happened over the past five years, when the library plans were first developed. He talked about the beginning of it all and what discussions are being held now, five years later, to bring the library to fruition. Mr. Smith noted that certain things have changed since the library was first planned. For example, the Americans with Disabilities Act has to now be taken into consideration. We now have to have certain aisle spacing, certain heights of things, etc. Also, new technology that didn’t exist five years ago now has to be taken into consideration. Architect, Brad Miller, then proceeded to display and describe the plans for the library building. He noted that the exercises they have just gone through with library staff are to decide what changes have to be made since the original plans were drawn up in 1991. Library furnishings will also have to be rethought to comply with the Americans with Disabilities Act. All areas have to be reconsidered, Mr. Miller said, such as Technical Services, Media Services, the auditorium, Children’s, Circulation and Reference. All the sketches will be gone over with the design consultants and then the architects will come back with a proposal to the library staff. Mr. Miller said they will need about nine weeks after that to get everything together and ready for bid. Cost information will be available in late November. Director Lange mentioned the computer room and job center that will now be installed behind the reference area. Mr. Miller added that the small group study rooms have been slightly expanded also. Mr. Miller then took questions from the library board and clarified various points for them, The question was asked, are we to look at the original budget for the library or will increases be made available by the Council if they are necessary? John Cahill responded that this fall we will cost out the project and see exactly where we are. At July 24, 1996 LIBRARY BOARD OF TRUSTEES Page 5 ARCHITECT PRESENTATION: (Continued) this point, six years after the start of the project, we don’t really know what the costs are. DIRECTOR’S REPORT: No report. FRIENDS OF THE LIBRARY: No report. GENEALOGICAL SOCIETY: No report. SERRA ADVISORY BOARD: No report. PUBLIC COMMENT: None. ADJOURNMENT: By proper motion, the meeting of July 24, 1996 was adjourned at 4:30 P.M. Res pectfu I I y submitted, A Pamela A. Batho Secretary Adult Learning Program Monthly Report June 1996 1. Annual Tutor Conference On Saturday, June 1 , thirteen Adult Learning Program tutors attended a full day of workshops with 200 other adult literacy tutors from programs throughout the county and elsewhere in California. Held at a hotel in San Diego, the READ/San Diego Conference included training in tutoring methodology for phonics, math, spelling, and other skills needed by adult learners. 2. Adult LearninP Promam Brochures On June 10, the Adult Learning Program received delivery of its new brochures, which give an introduction to the program and include basic information for prospective tutors and learners. Six actual adult learners and tutors are pictured in the brochure. Julie Carrier of Try-J Advertising worked for months, including much donated time, with program staff developing a brochure that not only describes the program but expresses the warm, caring, positive attitude we hope to create for our tutors and learners. (Brochure attached) 3. Libraw Assistant I Position In response to new city policy and procedures regarding staffing levels in departments, Program Coordinator Lynda Jones completed a staffing analysis of the Adult Learning Program’s proposed %-time Library Assistant I position. Library managers will submit the analysis for review by various city departments and city managers. This position was a hlltime position from April 1994-June 1996, hnded first as a federal VISTA Volunteer position, then through matching state literacy grant funds. Starting July 1 and continuing until the review process is completed, it is anticipated that Shirley Taylor, who currently fills the position, will become an hourly library employee working approximately halftime. Library managers will be working with the Finance Department to arrange this. 4. Writinp Classes On June 26, the evening Writing Class celebrated completion of their 20-week course. Five learners received certificates of completion and awards. All five learners have jobs of at least 40 hours a week, and three also have children. The award for “dedication beyond the call of duty” went to a learner who not only came to class the day after getting out of the hospital but on another occasion packed up his 6-month-old son and brought him to class when the babysitter cancelled at the last minute. These five learners and the four who completed last year’s 20-week course have requested an Advanced Writing Class. Tentative plans are to offer the advanced class in the fall, with another Beginninflntermediate 20-week course during winterhpring. Also in June, a morning Writing Class was begun, co-tutored by 2 experienced tutors. Currently six learners are enrolled in this weekly class. 5. The editor from CRC Publications, which will publish learner Kevin Nolan’s book, phoned in June to verifL information to be used in the Cataloging-in-Publication (C.I.P.) notice in the book. The editor predicted that Kevin’s book will be available in Fall 1996. Update on Publication of Adult Learner’s Book CARLSBAD CITY LIBRARY CENTRO DE INFORMACION Monthly Report June 1996 1.- AdultPro- E. On June 17, an adult educational presentation was conducted by Sylvester L6pez from the Employment Development Department. Mr. L6pez explained to the group about the new telephone claim filing system that can be used from any phone. 2.- Summer Readinn - Promam. On June 12, the Head of the Children’s Department, John Quartarone, and Centro Supervisor Lizeth Simonson were invited to a Pine Elementary School assembly to speak to the 5th and 6th graders about the Summer Reading Program. During the first week of the Summer Reading Program, Centro staff enrolled 105 children in the program. 3.- Tour at the Main Librarv. On June 14, a group of 30 bilingual Kindergarten children from Crestview Elementary School in Vista visited the Main Library. Centro Supervisor Lizeth Simonson showed the students and teachers the location of various materials. At the end of the tour, Lizeth read a story to the children and invited them to participate in the Summer Reading Program. The children took home library brochures and the children’s calendar for their parents. 4.- Community Ouweach. On June 5, for the third year, the Centro de Informaci6n was invited to participate in the Jefferson Elementary School Multicultural Festival. The Centro had a booth with information and a game to play. Parents and children received information about the services at the Main Library and the Centro de Informaci6n. They also received information about the Summer Reading Program. Children playing at the booth won promotional items like pencils, erasers, and bookmarks that encouraged use of the library. On June 6, Centro Supervisor Lizeth Simonson was invited to attend the Head Start Program graduation ceremonies. During the ceremonies Headstart Project Director Eloise Allen, teachers, and parents thanked Lizeth and the Centro staff for their outstanding services, like bilingual storyhours, adult educational presentations, and general information that the library provides to the children and the parents throughout the school year. / CHILDREN’S SERVICES DIVISION MONTHLY STATEMENT JUNE 1996 The Summer Reading Program 1996 is off and running at full speed. Main, Branch and Centro have all experienced a swifter than usual sign-up, as well as record numbers at programs. Staff attribute this to an increase in publicity and visits to schools, Richard “Browser Bear ‘I Engle’s appearances around the city, and the programs and prizes. The programs have been very well received by parents, so much so that they would like the Library to repeat almost all of them so that more could attend. Staff members have been especially pleased at the record numbers of young adults participating in the Summer Reading Program at all locations. At this point Main has more young adults registered than at all locations last summer. The librarians at Valley Junior High and at Carlsbad High, Peggy Hodge and Suzi Koepping, contributed a great deal to this by getting the word about our Summer Reading Program to their students. Dealing with such large groups would have been impossible if we had not also had a large group of young volunteers. Patricia Selkowitz, our volunteer coordinatorl has trained three large groups of young volunteers, grade six and up. We have also had some adult volunteers who have been a great help. These volunteers listen to thousands of reports, hand out prizes, keep records and shelve books. They are the backbone of the Summer Reading Program and great ambassadors for the library in the future. Grandparents Storytime celebrated its Anniversary with a small party on Saturday, June 29. This volunteer program has withstood the test of time and has proven very successful. Many of the volunteers from this program have also volunteered their help with other programs, including the Summer Reading Program and the Library‘s 40th Anniversary celebration. Two programs were outstanding this month. The “Kick-off Party” marked the official beginning of the Summer Reading Program . The Lumberjackstraws performed and attracted an excited crowd to the front lawn. Darwin’s Creepy Crawlers program demonstrated what kind of wildlife might crawl into your sleeping bag if you were camping out. Darwin brought snakes, turtles, a tarantula and scorpions and attracted 175 children and adults to the children’s library. All in all, it has been a busy month, with a circulation in excess of 25,000 and over 700 children and young adults participating in Summer Reading program. Books - Children Main 118 15 Branch 76 142 Centro 0 6 subtotal 194 163 133 2,432 21 8 1,192 6 440 357 4,064 Audio - Adult 98 72 170 1,754 Audio - Children 9 8 17 492 Video 5 23 103 131 1,335 Total Received 669 436 103 1,208 16,427 B & T = Baker d Taylor PMSC = Professional Media Services Corporation Genealogy - Local. History Total Total Holdings Hol.dings Last FY Current Month Additions Total Additions Current FY HOLDINGS : Tit 12s Volumes 3k 57 ai // i 2 7es Titles =script ion Of hol. .dings : Non-Circ. Circ. Microf orm Total Books Books - Microform Periodicals - Bound Periodicals - Microform Maps Microfilm (census, etc.! Microforms added this month: Books - GEN-CIRC CD-ROB Film Fiche 7 Ai3 1 icq i9.L .LO/ Total calendar year 7F 2 Zt 72c CALENDAR YEAR GOALS: Volunteer hours Programs held Attendance NSDCGS book/equipment expenditures This month "l u I '7-7 ACTIVITY: This Month +r - Total Total This FY Last FY This Month Last EY f,O 3c >- 7 Reference questions I, 7'L Researchers registered 9F 7 Daily average 4d Circulating checkout i 3-7 Daily average 64 J 4r I73 '7 DISTRIBUTION OF RESEARCHERS: This FY county This mnth Th+ state FY' This This Month FY City This Month 1. Carlsbad Del Mar area East S.D. area Encinitas area Escondido area Fa1 lbrook Oceans ide S.D. City etc. San Marcos Vista a..o t I Q c, -- I 3rz I ,&4 /L tl ' 3 Il,C ? G 5-w 2.s AI& 47 6-7 -1 a -- LA COSTA BRANCH LIBRARY M0WI"LY REPORT JUNE 1996 CIRCULATION The Branch circulation total for June was 21,592. This total included 10,979 adult items, 8,006 children's items and 2,607 video tapes. Daily circulation was 864 and hourly, 82. There was a 11% drop in statistics from June 1995 due to last year's inflated circulation caused by the Main library's 10 day closure for recarpeting. USERS The people counter at the front door was out of order from June 17th to the 28th. Therefore, there are no user statistics for this month. A new counter was installed on June 28th. CHILDREN'S ACTIVITIES Camp Read SMore began June 24th. 300 children were signed up by the end of the first week. The first scheduled event was PuDDets Alive on Thusday, June 27th. 102 participants enjoyed the program geared toward books and libraries with special emphasis on this summer's Camp Read S'more program. The volunteer storyhour season came to an end in May. A tea was held on June19 to honor the volunteers who gave their time. A new program slightly revised will begin in the fall. CD ROM By early June, Information Systems accomplished the necessary reconfiguration of the CD ROM computer at City Hall. This action greatly , enhanced the usage of the Branch CD ROM. Patrons can now successfully access the data and print their materials. It is still necessary for the Reference Librarian to intervene frequently to reboot or manipulate the computer to print. Technicians are still working out some of the problems But, it is usable. Patrons are positive and happy to have the service. 0 5 FY 95-96 , ,cdia Graphics MEDIA SlAlSlPal REFERENCE ACTIVITIES FOR JUNE. 1996 Reference questions totaled 6.006 during the month of June, an increase of 1,050. There were a total of 2,355 Reserves, an increase of 1483 over last year at this time. Online Search Requests totaled 20, a decrease of 15 over last ycar. Inter!ibrary Loans totaled 109 items received and 46 items were sent to other libraries. During the month of June, there were 3 library skills classes. Cat lie Ahrens attended City of Carlsbad Strategic Planning Committee meetings on June 6, 18, 20, 24, and 27. Cathy Miller attended CityFit training on June 12 and 19. Char Kennedy attended the Annual Friends of the Library Meeting on June 13, to thank them for their support of Reference Services by donating funds for reference books we could no longer afford due to budget constraints. Char Kennedy attended DRA-FIND training for the San Diego County Linked Catalogs Project on June 26 at San Diego County Headquarters. During the month of June, there were 81 5 questions answered at the Information Desk. The average number of questions per day was 33, and the average number of questions per hour was 12. The Information Desk was manned an average of 2.75 hours each day; this is down from our goal of 5 hours per day. The future of this service will be evaluated soon. Technical Services Report June 1996 In June, Technical Services staff added 855 new print items and 345 audiovisual items to the library’s collection. They deleted from the system 456 print items and 107 audiovisual items. Patrons used home computers to dial into the library catalog 323 times. Patrons with the Mainstreet service accessed the catalog 85 times. Use of the self-checkout machine remains steady, with 3% of the main library’s June circulation total. The total number of items checked out was 1,740. Our newest service, patron placed holds, which allows patrons to place their own reserves at any terminal in the library or by dialing in from hotne, remains popular. Out of 2,226 holds placed, 544 were patron-placed, and 43 of those were placed by patrons dialing into our computer from horne. Patrons at the Braach have been especially enthusiastic about using this feature; they placed 23 1 holds themselves, or 32% of the total of 714 holds placed at the Branch. On June 19, Chris Pickavet was one of the trainers for the first staff training for the Linked Systems Project, the state-funded grant that will provide access to the catalogs of four public libraries in San Diego County, including Carlsbad. Training is being done at San Diego County Library, where there is a training room with six computers. Among those being trained that day was Charlene Kennedy. Four additional Carlsbad staff members will be trained in July WILYH C. CROUCH CdUKn LIBRARIAN (619) 6S4-2415 FAX (019) 49S5i81 COUNTY LIBRARY 5555 OVERUND AVENUE. BUG.. 15, SAN DIEGO, CALIFORNIA 92123-1236 July 1 1, 1996 TO: Ciry Libruians FROM: bfarilyn C. Crouch Librarj Director STATI.3 OF LIBRARY SALES TAX LEGISL4TXOS This is to inform you of thc status of SB 1958 (Msllo), Library -Sales 'Tax legislation. The bill was approved by the Assembly Locar Government Commircez on July 5, 1996, but murt SI:!! receive favorable votes in one more committee and the FUlI Assembly and Senate. In arlditii.2. urgency lanpgs has not yet bem included in the bil!. Wi~h che passage of the state budget, CX Lzgislarure wil! recess beginnbg July 12, 1996, and return on August 5, 1996. Thus, it appszs unlikely thar chc legislation will become law in the for use an the Novembzr 5, 1996, ballot -- with or without the Kaloogian amendment. The deadline for Board of Supervisor approval f~r any maw2 for he Sovember election is August 9, 1996. On July 3, 1996 an arricle appeared the $an Die- (atnched). The article, which circd a June 24, 1996, Legislative Counsel opinion, said that the county already kd constirurional and statutory authority to place a library sales tax on rhe November ballot, without urpncy legislation using Revenue and Taxation Code Section 7785.5. $an Diego County Counsel has reviewed the Legislative Counsel opinion. In a letrcr to Senator Lucy Killea, who requested the LRgisIative Counsel opinion, the County Counsel indicates ixi error in the legal opinion which directly affscts the legal condusion. Specifically, the last paragraph on page 2 of County Counsel's letter outlines the problems with using a Iibrar:; authority under Revenue and Taxation Section 7285.2 for the purposes of imposing a sales ux, A copy of the Couriry Counsel's letter is attached for your information. City Librarians July 11, 1996 We will be going to the Board of Supervisors on July 23, 1996 with a status report on the legislation and discussion of options. One option may be LO pursue legislation during thz 199; Le_gislative Session to provide authority for the Board of Supervisors to place on the ballot a quarter-cent sales tax for approval by two-thirds of the vcters specifically for libray purposes. The next general election is the June 1998 primary. The current regionwide support indicated by all interested parties throughout the county to seck increased funding for libraries is to be commended. The collaboration of cities, libraries and Friends of the Library groups will provide a good base for our fuiure joint efTorts to benefit public libraries in San Diego County. If you have questions please contact me at 693-2389. Library Di.&ror h1CC:aeb Attachments cc: Lari Sheehan, Deputy CAO John Sweeten, IGA John Sansone, County Counsel Crime Watch *I - ,, . . El Cajon man 'critical' after drivaby shooting' ,I P~U.@E HILLS - Police Weve 'gang members are re- . . spnsible for the shmting'of a ' , ,: : 24-yearold El Cajon man yho?' ,c'.,.' was wounded in the head and up;; :: per body Tuesday night as he sit ,:,*' ,Officers and paramedics found, ,. the man in a car parked an &,bemarle Street near Cde Ser- ena about 7:45 p.m. after neigh- bors called to report hearing five or &'gunshots. : The witnesses said that after they heard the shots, t..ey,saw a large vehicle with two mer, in- . . side, speeciing east on .qhmarie '::' to Allegheny Street. ; *:,. : .The motive for the drive-by : ., ;; shooting is riot known, said San Diego police homicide Lt. Glenn, ' Breitenstcin; I' . .. . '.'Thevicth had been visirhg, friends in Paradise IIills before ' he was shot, police said. He was taken to Mercy Hospitd, where , he underwent surgery. He was Ested in critical condition. ' -: . inapakedcar.:. I. :, ' . E .'. ' - -joe Miglies .. Police issue warning ln pickpocket activity \ SAX REGO - Three elderly. leople were victimized by pick- ockets Tuesday, promptingp. ce to issue a warning for people .. 3 purses close ta their' des and keep wallets in front; 'I ocketr. The fist inciddt occurred writown near Fifth Avenue .Id Broadway about 1 p.m. hen an 89-year-old man said . lmeone reached in his back without Sacramento's approval, the, jdy 15, calls for ;pending $65 mil- Legislature's top Iawyer has con-, lioron branch construction and.de-' cluded. ,pdsitiiig the remaining $118 millipn Gregory said in a letter to Sen.': :: kteresr incomc wodd be used to Lucy-Killea, I-San Diego, that the, augment s+d, increase hours and CO~~L- already has constitutional coUecticns, keep computer system and statutory authorization. and serjces current- and assure However;.as expected, Gregory praper. maintenance. The pknned confiied that passage is depen- $62 million new rnsin library down- dent'upon approval of twwhirds of town, being funded separately, countyvotersfor the proposed five- wouId.not receive money from the year,,quarter-percent sales tau in- , tax. .;.'I. : : ,.: crease. The current rate is 7.75, @or to receivhg ?he legislative percent: . counsel's "opirion, library backers . ."Reason.' has prevailed," said a had concentrated eEcm on tiin- relieved San Diego City Council- ning authormtibn from the Assem- ,wornm.q Judy McCarty, who has, bly and Senate. ,@,mpio,ned thatax measure. "The " Last week; Assedlymai How- voters,.are;supreme - in making this. .' ard X+lqian,. R-CarIsbad, ' upset thai,:.plqr:by. Winning, committee . ,,,However, the San Diegq, Couniy .: passage ofian am+!ment that tied Counsel's Office said it ig not ready ,the libraj'tax to voter approval of to'''b1ess the tax mea$uie, which other loCal taxes. The Assembly rkeds 'a fmal g+.ahead from the Local Government Committee ad- county Board of-Supervisors. ' bed its approval yesterday to the "They (the.sfate) answered the measure, SB 1958, bc!uding the question incorrectly, in my opin. Kalwgian.amendment. ion,' a.!awyer.with the county cow- Kdwgian defended his action, $&.said .of Gregory's letter. "It saying it is only fair tot voters.to would be. a. mistake for me to tell' consider the librarf tax in context my .cii+ts .(the supeprisors) to fob, with other taxes. Sue with local iow,.the advice of an incorrect opin- :. "o€ficids.worried that vaters might iOr(.w 5, reject al.,-t&ltes.if given the chance, The lawyer; ,who asked that he : SB 1958 a$ gbw writte3.is-not ex- not be idenuied, said he will confer : pected to win final Ie@,siative ap- ., with San;Diego city attorneys and. , proval. ". "'. .- ;!I others before officially advising the : ' In addi!ion,.SB 1'955 has not re- .,, supervisors. Y;. .. I, , . ceived the urgency status it needs .; -PI ;-. He said;: h ,' tharneither'.' to become law beiore the Kov. 5 " ,'!! the courity nor legislative Counsel's election. The county supervisors .I opinion has the legal. standing of a have unrii Aug. 9 to approve ballot Court Nhg. measures and there is growing I If approved, the tax.is expected doubt that the Legislature will act 1 to generate about $366.7 mill/on in the. Legislative Counsel Bion M, ., ' in an endoiment. di&ion:n., ;.. :. . . I I i I xket and took his wallet con- fig $12. He said two men ere involved. One man, he said, was waiking front of him before stopping to :k up something as a dist: State lawyer clears library tax measure By Roger M. Showley *- over the next he years with about- , hali going to the city. X November ballot tax measure The city's tentative spending for local Iibraries can go forward plan, due for City Council action SrrnlrnER JOHN J. SANSONE COUNTY COUNSEL (AcUnQ) DIANE BARDSLEY CHIEF OEPUW COUNfY C0L"SEL OFFICE OF COUNTY COUNSEL COUNlY ADMINIStR9TlON CENTER 1600 PACIFIC HIGHWAY, ROOM 156 SAN OIEGQ, CALIFORNIA 92101.?449 (619) 631-4860 FAX (ais) 6114005 Eonorabla Lucy Killea Senator, Thirty-Ninth Cistrict 4061 State Cagitol Sacranento, CA 93814 Re: June 24, 1996 Legal OgizFo-7- cf Legislative Counsal Concerzling Salas azd USQ Ta:c=ltioa in San Diego County foz Library Purposes Eiar Senator Killea: -7 \ The purpse of this cozrespcn2encc is to info23 you cf a:- error in the legal opinion dated. June 24, 1996 by the LegLsla:i;,-e CcunseL of California. This legal opicion concerns the su5je-z of Sales and Use Taxatim ir. Sac Diegc Couzty for library services. The error in the legal opinior. by Legislative Counsel is of a substantive nature ia that it directly affects his leg?: conclxsion. The Legislative Cour.sel concludes that the Cour.ty 05 Sa2 Diego currently has the authority to ingose a sales tax to pay for library services, with the approval of a two-thirds vote of the cousty's voters. The Legislative Csunsel specifically identifies Revenue Taxation Code sectlcn 7285.5 (hereinafter "section 7285.5'') as the authority for the County to impose 8zck a sales tax for special library purposcs. Eowever, on page six of the legal opinion, the Legislative Counsel states tkac 'Section 7285.5 which requires approval by a two-thirds vote of the county's vcters authorizes the impositicr. of a s2ecial tax." This statement is incorrect. Section 7235.5 states that a majority vote of the cour.ty's voters is require?. (A copy of section 7285.5 is attached.) This majority vote . Senator Killea 2 July 8, 1996 requiranent €or special taxes is cor,tra,ry to the California Constitution and contrary to Proposition 62. Therefore, although Legislative Counsel's conclusion reccgnizes that the stazutory autkc.o-rity to impose a sales tax for special przrposes m~st include a reqdirement of a two-thirds voter a?proval, the statutory authority (S 7285.5) relie6 upon by the Legislative Counsel specifically includes only a majority voter approval. Reliance upon section 7285.5, with a majcrity voter approval reqxirercez:, as authority to irngose special taxes presents serious lesa!. risks. Such legal risks are a legitimate concern, parzicclarly in light ~f Legislative Counsel's stacements that coilr.Lies \\ara deper,der?t u90n specific legislative autbcrizaticn for the ixpcsition of taxes," and \\I?.us~ strictly follow tke statxtory previsions under which a specific power is granted. (Cititions omitted.)" (Cpinioz of Leg. Couxsel, No. 19643, Jcze 24, 1596, FP. 1-2.) The qutstion, therefore, becones whether a county legally ray rely ucor- the statutory authsrity of sectfcn 7285.5 tc irrpse a sdes tax for special pczpcses, but without strictly folhwi~3 the provisiors of sectior, 7285.5. To impose a salas tax for special purposes, a county would need to pro;pose a two-thirds voter approval requirement, rather than a majority voter aparoval as requirsd. by section 7285.5. There may be legal theories t%t sugprt th.is alternative, such as employing the legal principle of severability. Under this legal principle, the issue would be whether the majority voter approval requirwnent is severable from secziori 7285.5 without icvalidatirg the remainder of the statcte. However, it is not the purpose of this correspondence to conduce a full legal analysis of the severability issue. The nair- ~oht is that secticn 7285.5, on its face, is of Tiestisnabla legal authority upon which to base a proposed sales tax for special purpcses. Any rellacce ugon section 7285.5 will be with Senator Killea 3 July 8, 1996 legal risk. Accordingly, it is xecomrn2nded that appropriate legislation be adopted that provides clear legal authority fcr counties to propose local sales taxes for special purposes, subject to two-thirds voter approval. It is also recammended that the invalid portion of section 7255.5 be corrected by amending tke language of "najority voze," to that of "two-thircs vote. I, .- Ve,q truly yours, County Counsel (Acting) J J9 : vk. Enc . cc: Honorable Board of Scpervisors Honorable Susan Goldim, Mayor City cr'San Diegc k-marable Ju&y McCarty, Sevezth District Councilrnerrber Sar. Diego City Council Honorable John Witt, City Attorney City of San Diego Ga-y R. Stephany, Chief Administrative Officer (Acting) County of San Diego John Sweeten, Director County Office of Intergovernmental Affairs P-obert Kittle, Editorial Page Editor San Diego Union-Tribune i SD CTI: LIB HQT +-,+ C.IRLSB.4D As an alternative to the pnxcdurc set foRh in &tion 7285, the board of supervisors of any county may establish an authority for specific purposes. An authority so established may irnposc a transactions and use tax at a rate of 0.25 or 0.5 percent for the purpose for which it is established, if all of the following requirements are mer: (a) The ordinance proposing that tax is approved by a two-thirds vote of the authority and is subsequentIy approved bv a majority vote of the qualified voters of the county voting in-an election on the-issue. (b) The transactions and use tax conforms to Part 1.6 (cornm2ncing with Scction 7251). (c) The ordinance includes an expenditure plan describing the specific projects for which the revenues from the tax may lx expended. - Added !bts 1989 Ch 277 3670). I, cffccrive August 7. 1989. Arncndcd Slats I990 ch L707 4 3 (AB MARILYN C. CROUCH COUKN LlERARlAN (819) -2415 COUNTY LIBRARY FAX! (619) aS6SI31 5555 OVERLAND AVENUE, BUG., 15, SAN DIEGO. CAUFORNIA 921 23-1296 June26, 1996 TO: City Managers /&' - JUN 1996 +: FROM: Ciry Librarians \? LIBRARY ._. L. i. Marilyn C. Crouch, Library Director San Diego County Library LIBRARY TAX VOTE As I'm sure you have read in the San Diego Union-Tribune,SB 1958 - MeIlo, the library sales tax bill, had several amendments added in Assembly Revenue and Taxation yesterday. While the bill was amended to add 1/4 cent, Assemblyman Kaloogian also added an amendment that would require a vote on every existing local tax. The Kaloogian amendment makes it very difficult to go forward with SI3 1958. As a result, the County is evaluating our position and how to proceed. We are having discussions with our County Counsel's office, Senator Mello and the California Library Association and should have a fml decision by the end of this week. Attached is a fax from CLA lobbyist Mike Dillon, which outlines what happened at the Revenue and Taxation Committee meeting and recommends contacting Assembly members. This is a local decision for your jurisdiction to consider. I want KO thank you for your terrific "team effort. " It has been great to build consensus for our Iibraries and to work together. Regardless of the outcome, we have documented the fiscal need of public libraries and have worked together successfully and with great support. Please call me at 694-2389 if you have questions. Again, thank you for all your hard work. As more information becomes available, I will be in touch. MARILYN&!. CROUCH Library Director MCC:pww Attachment JUN-25-96 TEE 1E:C6 4 -2- - ----- PARK EXECUTIVE ELIIL~ING 92s L STREZT - SUITE ICCC SACRAMENTO. CA S55i4 (916) 448-2166 FAX (3:6) 4.?.8-480E June 25, 1996 TO: CIA MEMBERS AND ALL COOPERATiVE LIBMRY SYSTEMS FROM: Mike Dillon, Lobbyist RE: S8 1958-MELLO REPUBLICANS HIJACK LIBRARY BILL Yesterday, four of the Assembly Revems and Taxation Commitke's Republican members hijacked Senator Henry Mello's 118 cent sales tax bill, and voted to add a hostile amendment to the measure for the purpose of furthering a legislative agenda regarding local tax control. SB 1958 would allow a County Board of Sqcervlsors to establish a 118 cent sa!es tax dedicated to libraries and subjcct to a 2/3rds vote, not to exceed 20 years. immediately the bill faced dif5cul:y as fissemblyman Howard Kaloogian (R- Carlsbad) questioned a new amsndment, requested by ci?y representatives on the CtA Legislative Committee, which would require that the funds be "distributed equitably among county, city and spcial district library jurisdictions." Kaloogian proposed SCSnarios wherein perhaps the city and county cczld no: rsach agreement on what "equitable" dispersement would mean to each entity. Suggestions for disttibtition includsd population. and ultimately a proposal to "tis [tht formula] to the ,number of pecpie who use books or circiilation records." Laws currently on the books for Stanislaus and San Joaquin county assume the county and cities will work aut an agreement before any proposal is submitted to the voters. Mors importantly, a hostile amendment was introduced by Assemblyman Kaloogian which would require that any library tax placed on the ballot, would have to be accompanisd by a vote on a o:her existing local taxes that fall under the umbrella of Proposition 62, and those subject to question in the case of Santa Clara Countv local Transbartation Authoritv v. Guardino In 1986, the voters passed Proposition 62, which would require a 2/3rds vote on all special taxes and a majority vote for general taxes (those flowing into an agency's general fund). The "Guardino" case in 1995 then established that a 112 cent saies tax, imposed by a local trampoflation authority and a majority vote of the voters to fund transportation projects, should really be considered a "special tax," requiring a 2/3rds vote requirement, and should be invalidated. Senator Jack O'Connell has authored a bill which would address the numerous complications surrounding the implications for local governments as a result of the Guardino decision. Unfortuna!ely, the Guardino tax issue has also become a controversial debate beheen Democrats and Republicans. Senator Mello, surprised at the unrelated amendment, said to Kaloogian, "I am trying to keep this a library enhancement bill only. If YOU want to do this in another bill, I can talk about that with you." Insisting that the amendment was appropriate for SB 1958, Kaloogian stated. "The locals still get to vote on [the library tax], now they just get all the taxes before them so they can prioritize. It's true local control." Democratic From: Patricia Sultan To: Cliff Lange 86/25/96 19 : E9 : 25 JUN-25-96 TUE 16:07 Date: 8126196 Time: 07:34:05 ->Serra Library Sgs .HO Serra Cage 2 of 2 Page 602 P, 02 Assemblywoman Sheila James Kuehl asked the ccmmittee to "seriously consider thls. It is one thing to hijack a bill for political purposes, and it is another thing to hdd bur 1ibtar;'es in the stat5 hostage for the larger issue we are going to have in Mr. O'Connell's bill. The need for libraries is much more important than the Guardino debate." Those of us in support of the measure, including numerous representatives of cities in San Diego , were outraged at the Republicans' surprise tactic. Assemblywoman Susan Davis, representing San Diego, publicly apologized to all those present from her commuflity for the unforeseen alteration of the library measure. Senator Illello said that he would rSlu&iRtly accslpt the hostile amendmect but added, "I don't raise a whita flag very easily. I will see what problems this raises for libraries around the state." Assemblywoman Davis agreed to vote for the fleasure, but not for the amendment, simply to move the library issue forward. However, Assemblywoman Kuehl had a different perspective as she stated, "I keep telling pzople, don't lose faith in the (legislative) proczss. But today I am personally appalled. I intend to vote 'no' because I don't like the way in which this comrnitise is using its political muscle. This is no long& a library bill. It is a Guardino bill." Voting in favor of the hostile amendment were Republican members Kaloogian, Baldwin, Frusetta, and Chairman Takasugi. Voting "no" were Democrat members Caldera, Kuehl, and Davis. As amended, the bill passed from committee, and the measure will now trave! to the Assembly Local Government Committee, as it was double-referred. We will be working closely with the Senator and his staff in the coming days on a resolution to the hijacking of the measure. In the meantime, please write your Assembly Republlcan member, to urge that libraries not be held hostage, and request your legislator's assistance in seeking the removal of the hostile "Guardino amendment" from SB 1958-Mella. Below is the adoDted hostile amend ment. araomed bv Assernblvman Kaloouian: "Add a new paragraph (d) to Section 7286.59 of the measure to read as follows: (d) Notwithstanding any provision of this section or any other provision of law, no tax authorized under this section shall be submitted to the voters unless and until every tax which currently is imposed within the jurisdiction seeking authority to impose a new tax pursuant to this section and which was not approved by the voters in a manner consistent with the holding of the California Supreme Court in the case of Santa Clara Countv TmnsDortation Authoritv v. Guardino (19951, 11 Cal. 4th 220, and pursuant to the provisions of Proposition 62 of 1986, has been placed before the voters for continued approval or recission." 2 0 F e K 0 v) W - n I- o W 7 0 K e 2 a I- 0 e * ct: rQ e: J W J 0 U z U a X W m H n R CIRCULATION MAIN LIBRARY Print/Audio Video Equipment BRANCH Print/Audio Video TOTAL : CENTRO TOTAL : GRAND TOTAL: REFERENCE OUESTIONS Centro Genealogy Children’s Adult On1 ine Branch TOTAL : CARLSBAD CITY LIBRARY STATISTICS Mav 1996 ’> MEDIA/GRAPHICS PROJECTS Media . . Graphics May May - 1996 % Chancre 1995 63 , 375 61,245 -3 10 , 873 9,912 -9 15 15 --- 74 , 263 71,172 -4 21,124 20 , 509 -3 2,583 2,729 +6 23 , 707 23 , 238 -2 1,123 1,137 +1 99,093 95,547 -4 18 0 542 + 201 1,395 1,338 -4 2,718 2,167 - 20 8 , 270 7,845 -5 21 63 + 200 2,638 2,728 +3 15 , 222 14,683 -4 29 55 + 90 25 30 + 20 TOTAL : 54 85 + 57 PEOPLE COUNT (Daily Average) Centro Main Library Branch TOTAL : ATTENDANCE AT PROGRAMS Centro Genealogy Adult Main Children I s Main Branch TOTAL : INTERLIBRARY LOANS Requests by Carlsbad Received by Carlsbad Requests of Carlsbad Filled by Carlsbad NEW REGISTRATIONS $' .b Centro Main Library Branch TOTAL : ITEMS ADDED ITEMS WITHDRAWN May May - 1995 1996 % Chanse 116 113 -3 1,804 1,862 +3 785 759 3 116 113 -3 1,804 1,862 +3 785 759 3 2 , 705 2,734 +1 371 369 -1 177 120 - 32 22 25 + 14 6 17 680 + 10 337 308 -9 1,524 1,502 -1 121 14 0 + 16 104 110 +6 2 94 333 + 13 69 68 -1 23 12 - 48 807 784 -3 328 303 -8 1,158 1,099 -5 1,350 1,533 L 14 - 18 - 623 509 2 CARLSBAD CITY LIBRARY STATISTICS June 1996 Jun . Jun . 1995 1996 % Chancre CIRCULATION MAIN LIBFJLRY Print/Audio Video Equipment TOTAL : BRANCH Print/Audio Video TOTAL : CENTRO TOTAL : GRAND TOTAL: REFERENCE QUESTIONS Centro Genealogy Children's Adult On1 ine Branch TOTAL : MEDIA/GRAPHICS PROJECTS Media Graphics TOTAL : 44 I 040 57 789 + 31 9 , 002 9,892 + 10 9 11 + 22 53 , 051 67 , 692 + 28 .* 21,641 19,254 - 11 2,957 2,605 - 12 24 , 598 21,859 - 11 1,136 1,161 + 2 78 , 785 90,712 + 15 23 1 1,030 1,441 5 , 016 35 2,429 10,182 60 41 101 402 + 74 1,716 + 67 1,789 + 24 6,066 + 21 20 - 43 2,193 - 10 12,186 + 20 43 - 28 39 5 - 82 - 19 * Main library closed one week in June 1995 for recarpeting. Jun . Jun. 1995 - 1996 %Chanqe PEOPLE COUNT (Daily Average) Centro Main Library Branch TOTAL : ATTENDANCE AT PROGRAMS Centro Genealogy Adult Main Children's Main Branch TOTAL : INTERLIBRARY LOANS Requests by Carlsbad Received by Carlsbad Requests of Carlsbad Filled by Carlsbad NEW REGISTRATIONS Centro Main Library Branch TOTAL : ITEMS ADDED ITEMS WITHDRAWN 94 96 +2 1,705 1,707 --- (Not Ava i 1 ab1 e 1 779 --- 2,705 2,734 +1 110 14 - 84 150 177 . + 18 94 65 - 31 408 818 + 100 719 236 - 67 1,481 1,310 - 12 100 103 255 51 114 + 14 109 +6 228 - 11 46 - 10 24 19 - 21 555 781 + 41 375 280 - 25 954 1,080 + 13 -2 1,224 1,200 - 547 466 - 15 2 -I k- 0 a F