Life Enrichment Committee
July 11, 2023
AGENDA REPORT
TO:Jestin D. Johnson FROM:Jamie Turbak
City Administrator Director of Library Services
SUBJECT: Ordinance Amending the Duties of the
Library Advisory Commission
DATE:June 5, 2023
City Administrator Approval Date:
RECOMMENDATION
Staff Recommends That The City Council Approve An Ordinance Amending And Reenacting Ordinance No. 8064 C.M.S., As Amended By Ordinance Nos. 11730 C.M.S., 12879 C.M.S., 13174 C.M.S. And 13560 C.M.S., To Change The Name Of The Library Advisory Commission To The Library Commission, Modify Quorum Requirements, And Amend The Duties To Include Oversight Of The 2022 Library Funding Parcel Tax.
EXECUTIVE SUMMARY
Adoption of this Ordinance will amend and reenact Ordinance No. 8064 C.M.S established in 1969 to create and define the Library Advisory Commission (LAC). Ordinance No. 8064 C.M.S. has been amended four times since 1969 to formalize changes in Library Advisory Commission duties, meeting frequency and standing committees. This latest recommendation to amend Ordinance No. 8064 C.M.S will change the name to The Library Commission, modify quorum to constitute a majority of appointed members and amend duties to include oversight of the 2022 Library funding parcel tax known as Library Measure C.
BACKGROUND / LEGISLATIVE HISTORY
On November 13, 1969 City Council passed Ordinance No. 8064 C.M.S. which discontinued “The Library Commission of the City of Oakland” and established a new body called the Library Advisory Commission.
In 1994 City Council amended Ordinance No. 8064 C.M.S. with Ordinance No. 11730 C.M.S. to incorporate uniform requirements regarding the selection of Library Advisory Commission members, the duties of said members, and the general responsibilities of boards and commissions.
On March 2, 2004, Oakland voters approved Measure Q, amending the “Library Services Retention and Enhancement Act of 1994 (Measure O)” to extend and increase a special tax for twenty years to provide dedicated funding for the Oakland Public Library. Measure Q mandated that City Council designate a body of Oakland citizens to make recommendations and review expenditures of the funds. To comply with this requirement, in June 2005, City Council passed Resolution No. 79291 C.M.S. that included a budget policy amendment “formalizing the role of the Library Commission as the oversight committee for Measure Q”.
Jestin Johnson (Jun 29, 2023 21:47 PDT)
Jun 29, 2023
Jestin D. Johnson, City Administrator
Subject: Ordinance Amending the Duties of the Library Advisory Commission Date: June 5, 2023 Page 2
Life Enrichment Committee
July 11, 2023
In 2008 and 2013, City Council amended Ordinance No. 8064 C.M.S. with Ordinance Nos. 12879 C.M.S. and 13174 C.M.S., respectively, to change the frequency of Library Advisory Commission meetings and establish standing committees.
On July 16, 2019, after Oakland voters approved “The 2018 Oakland Public Library Preservation Act”, City Council amended Ordinance No. 8064 C.M.S. with Ordinance No. 13560 C.M.S. to amend the duties of the Commission to include oversight of Library Measure D.
ANALYSIS AND POLICY ALTERNATIVES
Staff recommends that City Council change the name of the Library Advisory Commission to the Library Commission to be consistent with other City boards and commissions. This change was initiated by the Library Advisory Commission after discussion during public meetings on June 27, 2022 and July 25, 2022. There is no change in duty or function as a result of the name change. The Commission will remain to advise City Council and policymakers, like other boards and commissions.
Staff also recommends that City Council modify the quorum requirements to be a majority of appointed members, but in no case shall quorum be fewer than five (5) members. The Commission consists of a maximum of fifteen (15) members, however not all appointments are always filled. Currently, quorum constitutes eight (8) members even if fewer than fifteen members are appointed. This can make achieving quorum difficult and may result in cancelled public meetings.
Lastly, staff recommends that City Council amend Ordinance No. 8064 C.M.S. to include oversight of 2022 Library Measure C approved by the voters as an extension of 2004 Library Measure Q, the “Library Services Retention and Enhancement Act of 1994” as amended over time. Assigning the Commission the responsibility of oversight for Library Measure C ensures consistency because this is the same legislative body responsible for the oversight of Library Measure Q.
FISCAL IMPACT
There is no fiscal impact to this recommendation.
PUBLIC OUTREACH / INTEREST
These recommendations were discussed in public meetings by the Library Advisory Commission on June 27, 2022 and July 25, 2022. The Library Advisory Commission initiated and expressed support for these recommendations.
COORDINATION
This report and legislation have been reviewed by the Office of the City Attorney and the Controller’s Bureau.
Jestin D. Johnson, City Administrator
Subject: Ordinance Amending the Duties of the Library Advisory Commission Date: June 5, 2023 Page 3
Life Enrichment Committee
July 11, 2023
SUSTAINABLE OPPORTUNITIES
Economic: Passage of this Ordinance will provide citizen oversight as required by voter approved Ordinances Measure C and Measure D.
Environmental:No specific environmental opportunities have been identified.
Race & Equity:The services of the Oakland Public Library are available to all in order to acquire knowledge and develop skills to improve equity in educational, employment, housing, entertainment and engagement opportunities.
Jestin D. Johnson, City Administrator
Subject: Ordinance Amending the Duties of the Library Advisory Commission Date: June 5, 2023 Page 4
Life Enrichment Committee
July 11, 2023
ACTION REQUESTED OF THE CITY COUNCIL
Staff recommends that the City Council approve an Ordinance amending and reenacting Ordinance No. 8064 C.M.S., as amended by Ordinance Nos. 11730 C.M.S., 12879 C.M.S., 13174 C.M.S., and 13560 C.M.S., to change the name of the Library Advisory Commission to the Library Commission, modify quorum requirements, and amend the duties to include oversight of the 2022 Library funding parcel tax.
For questions regarding this report, please contact Jamie Turbak, Library Director, at 510-238-6610.
Respectfully submitted,
Jamie Turbak
Director of Library Services