HomeMy WebLinkAboutAgenda Report - April 20, 2011 C-11AGENDA ITEM A\
&% CITY OF LODI
' COUNCIL COMMUNICATION
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AGENDA TITLE: Authorize the Mayor, on Behalf of the City Council, to Send a Letter of
Opposition to AB 438 — County Free Libraries: Withdrawal (Williams)
MEETING DATE: April 20, 2011
PREPARED BY: City Manager
RECOMMENDED ACTION: Authorize the Mayor, on behalf of the City Council, to send a letter
of opposition to AB 438 — County Free Libraries: Withdrawal
(Williams).
BACKGROUND INFORMATION: The City was asked by the League of California Cities to oppose AB
438 pertaining to library services and send a letter of opposition
regardingthe same to Assembly Member Williams.
AB 438 requires voters to approve a city council's decision to provide library services through a private
contractor. It undermines the ability of a city to operate efficiently and effectively. City council members
routinely make decisions on contracts, policies and fiscal decisions that are essential to government
functioning smoothly. Sometimes these decisions must take place in an expedited manner so as to
balance the City's budget. Forcing a city put a contract to a vote at the next regularly scheduled election,
which could be as long as 18 months or two years, could exacerbate an already bad fiscal situation for a
city. In addition, these administrative decisions are exactly the type of decisions that council members are
elected to make.
For these reasons, it is recommended that local governments oppose the proposed legislation.
FISCAL IMPACT: Not applicable at this time.
FUNDING AVAILABLE: Not applicable at this time.
Konradt Bartlam
City Manager
radt Bartlam, City Manager
AB 438 (Williams) Countv Free Libraries: withdrawl.
Bill Summary:
AB 438 requires voters to approve a city council's decision to provide library services
through a private contractor.
Background:
Public libraries are typically run by a city, county or special library district. In recent
years, some local governments have opted to contract out the administration and
operation of their public library.
In California, this has been done primarily done with public libraries that are financially
ailing and largely by one company, Library Systems & Services, based in Maryland.
Last fall, LS S1 was hired by the City of Santa Claritato provide administrative services
and staffing for three public libraries that were considered "healthy" but for which the
city council felt contracting out the services would ensure the long-term survival of the
library.
When private companies have taken over library staffing and administration, generally
no library services have been changed, however library staff that have been rehired, have
shifted from their pension to a 401K.
Because of this, Ventura Readers Book Group and the SEN have sponsored AB 438 to
require a city to get voter approval of the city council decision to pull out of a county
library system and contract out the services. The referendum would be on the city's next
regularly scheduled ballot.
Staff Recommendation: Reaffirm existing League Oppose position.
Fiscal Impact: Likely minimal costs to the city for the referendum, but potentially
significant costs to the city or existing library if the next regularly scheduled election is a
year or more in the future.
League Policy:
While the
League is strongly supportive of a city's administrative authority, there is no
specific policy on this issue.
Comments:
Requirement cf voter referendum is unlawful. The power of referendum,
conferred by article 11, Section 9 of the California Constitution, applies "only to
acts which are legislative in character and not to administrative or executive acts"
(Southwest Diversified, Inc. v. City afBrisbane 229 Cal.App.3d 1548 (1991);
Simpson v. Hite 36 Cal.2d 125 (1950)). AB 438 requires voters to approve a city
council's decision to provide library services through a private contractor. This
type of council decision is considered "administrative" and is therefore not
subject to referendum by the people.
• What other administrative decisions arepotentially affected by this bill? AB 438
only requires a referendum on a decision to pull out of county library system and
contract out those services. However, the precedent this bill would set potentially
opens the door to look at the referendum of any administrative contractual
decision made by a city council.
• Timing of decisions mandated in AB 438. City council members routinely make
administrative decisions on contracts, policies and fiscal decisions that are
essential to government functioning smoothly. Sometimes these decisions must
take place in an expedited manner so as to balance the city's budget. Forcing a
city to wait an extended period of time, until the next regularly scheduled
election, could exacerbate an already bad fiscal situation for the city.
Support/Opposition:
support:
Ventura Reader's Book Group (sponsor)
Service Employees International Union
Los Angeles Alliance for a New Economy (LANNE)
Oppose:
Library Systems & Services, LLC
League of California Cities
CITY COUNCIL
BOB JOHNSON, Mayor
JOANNE MOUNCE,
Mayor Pro Tempore
LARRY D. HANSEN
PHIL KATZAKIAN
ALAN NAKANISHI
April 12, 2011
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www,lodi.gov citvclerk(Mlodi.gov
Assembly Member Das Williams
State Capitol, Room 6011
Sacramento, California 95814
Via Facsimile: (916) 319-2135
RE: AB 438 (William. County
NOTICE OF OPPOSITION
DearAssembly MemberWilliams:
The City of Lodi must respectfully oppose your bill, A5438, which would
approve a city council's decision to provide librar)(f rvices through a prig
concerns are based on the following issues:
AB 438 underminesthe abilityof a city to opera
council members routinely malk.-dministrative
fiscal decisions that are essentia ; o'o vemmer
these decisions musttake place it fan a pe~ditei
budget. Forcing a city put a contraditjo a voteKa1
which could be as long as 18 month,pr 2:j�irar
r4 x'i•'*4x
fiscal situation fortf&Ycity.
}max
KONRADT BARTLAM,
City Manager
RANDI JOHL, City Clerk
D. STEPHEN SCHWABAUER
City Attorney
April 4, 2011)
voters to
tractor. Our
ly and effectively. City
on contracts, policies and
i.g smoothly. Sometimes
W'13 to balance the city's
egularly scheduled election,
acerbate an already bad
Role of Cound'( Member9 UVhile we appreciate the intentto have voters weigh in on a
.•G+" .•.v,.,.•ii Acr'icynn rnhtinr; fin ni 1h1ie nnnfirartc we believe that these administrative
decisions are exaatlVrth type ofidoision that council members are elected to make,
For the a# rementiofi _Areason§ Eha City of Lodi must respectfully oppose your bill.
S
Bob Johnson
Mayor
C: Cameron Smyth, Chair, Assembly Local Government Committee (916-319-3958)
Kyra Ross, League of California Cities (916-658-8240)
William Webber, Assembly Republican Caucus (916-319-3902)