Library Tax Challenge

The children's section at the El Cerrito Library

This post was updated on June 20 to add the full text of the revised library initiative summary at the end.

Demand for Changes in City Attorney's Ballot Measure Summary

The El Cerrito City Attorney’s summary of a new library tax initiative measure contained seven statements that were “false and misleading” and might unfairly help to convince voters to sign petitions to place the tax on a future ballot.

That claim and a demand for revision of the summary written by City Attorney Sky Woodruff were made in a “pre-litigation demand letter” sent by Attorney Jason Bezis on June 10. Bezis was representing two El Cerrito voters and the Contra Costa Taxpayers Association.

As a result, changes were made to the initiative summary.

Petitions Will Still Be Ready by July 3

This caused a delay in preparing library tax initiative petitions for signature gathering, according to Greg Lyman, author of the ballot measure and a leader of the campaign.

The revised measure must be republished in a local newspaper, a process that took 10 days when it was done for the original measure in May, he said. However, Lyman said on June 16 that he was optimistic that petitions will be ready for signature gathering by July 3. The city’s 4th of July celebration is a prime opportunity to get signatures.

New $38,000 Survey Tests Library Campaign Messages

On a related issue, questions were raised about a $38,000 city-commissioned survey conducted last month that quizzed voters about their support for a new library. El Cerrito resident William Claus said the survey contained a large number of positive arguments for supporting a library measure that seemed designed to shape voters’ opinions instead of just polling them. Some were untrue, in Claus’ opinion. The survey mentioned just two arguments against the library.

El Cerrito resident Wally Nowinski said it did not seem appropriate to use city taxpayers’ money to pay for “message testing” to see which pro-library tax statements gained the most support.

“That’s a political campaign strategy,” Nowinski said. “It shouldn’t be paid for with city money.”

Both Claus and Nowinski were polled in the survey.

Council member Rebecca Saltzman said the decision to conduct a spring survey was a staff decision that the City Council did not vote on.

“While I strongly support a new library, I'm not sure I would have supported spending money on another survey,” Saltzman said. “The city had already conducted surveys, and the results of the most recent survey show that sentiments have not changed much since the previous surveys.”

Council member Lisa Motoyama disagreed, saying the city needed to do the survey to inform its decision about whether to place a library tax measure on the ballot.

Council member William Ktsanes said he was happy that the survey data is posted on the city’s website. In the past, there have been complaints about survey data not being made public.

The contract was within the approved budget and within the city manager’s approved contract authority, said Will Provost, assistant to the city manager.

For a link to the questions asked and the data on voter opinions, visit https://www.el-cerrito.org/483/Library.

Maximum Initial Tax of 17 Cents Per Square Foot

The survey found that 61% of El Cerrito voters were in favor of a parcel tax equal to 17 cents per building square foot to fund a new El Cerrito library, according to the city’s website.

That is the same initial maximum tax rate that would become law if the new library tax initiative passes. The measure would authorize a special tax of up to 17 cents per square foot of improved building area per year, or $340 per year on a 2,000 square foot house. This would apply to all building types and there would be a tax of $100 per year on each vacant parcel. The tax would be subject to an annual cost of living increase.

Lyman said he initially filed the library tax initiative with the city clerk on May 6, before the survey results were known, and the city survey information was not used to shape the initiative or the campaign. "A couple of changes" were made in the initiative text after Lyman learned of the letter demanding changes in the summary, he said. That had nothing to do with the survey, he said.

The city survey was conducted May 5-9, 2025, and a report from Godbe Research was dated May 12. All data, including questions asked, are published on the city website, according to Will Provost, assistant to the city manager. For a link to the data visit https://www.el-cerrito.org/483/Library

Goals of Library Tax Campaign

Lyman, treasurer of the Committee for a Plaza Station Library and a former city council member, is leading a citizens initiative campaign to fund a new El Cerrito library along with expanded library services. Supporters are aiming to get the measure placed on the ballot in June 2026.

At a May 7 campaign launch for a new library tax, supporters said El Cerrito needs a safe and modern library to replace the existing 75-year-old library building at 6510 Stockton Ave. Lyman said library hours would be expanded to 56 hours a week. The county pays to keep all county libraries open for 36 hours a week.

The ballot measure language does not specify that the new library must be built in the Plaza BART Transit Oriented Development but that is a goal, according to Lyman. He said the Plaza BART option is the likeliest way of getting a new library built soon.

Why Use a Citizens Initiative?

Previous survey findings in fall 2023 showed that more than 50% of voters would support a new library tax, but the number was below the two-thirds majority that would be required for approval if the City Council placed a measure on the ballot.

As a result, the City Council decided in November 2024 not to put a library measure on the ballot. However, the council voted in December to list construction of a new library at Plaza BART as a goal in the city’s strategic plan. That city goal remains.

Recently, Lyman learned that the citizens initiative process was used in San Rafael to pass a library tax measure with only 50% plus one vote being required.

Now he is using the initiative process. This requires a two-stage campaign.

The first step is to gather valid signatures from 10% of registered voters in order to qualify for the ballot. Lyman’s goal is to collect 2,200 signatures to be sure of securing 1,800 valid signatures.

Voters being asked to sign petitions will see an amended summary that incorporates all revisions made in response to the demand for changes related to these seven “false and/or misleading" statements.

"False And/Or Misleading Statements"

1. The summary did not mention that the maximum tax rate can increase annually.

Language was added to the summary stating that “the ordinance would authorize the City Council to adjust the tax rates annually based upon indices reflecting in the cost of living or personal income.”

2. The statement “library use is on the rise” is not supported by Contra Costa County’s statistics for the El Cerrito Library, Bezis wrote.

The statement was removed.

3. The statement that “the library could provide shelter in case of fires, unclean air, excessive heat or cold, earthquakes, floods, or other emergencies” is misleading, Bezis wrote.

According to Bezis, the statement “implies that the library building would be constructed to some special, heightened standards that would design and construct a building as fireproof, with special climate control systems to purify its indoor air, with special seismic controls to mitigate earthquake damage, and/or be located in a part of the city that has the least risk of flooding. Nothing in the text of the initiative requires the building to meet any special standards.”

The statement was removed.

4. “(The measure’s) intent is that no funds provided by the ordinance can be used for city administration salaries or benefits.”

Bezis wrote that this statement conflicts with part of the initiative which states that the tax administrator would be a city employee and revenue from the tax could be used for costs of administering the ordinance.

The statement was removed.

5. “Library services…could include summer reading programs for school-age children, afterschool homework assistance, tutoring…art and literacy programs for all ages.”

Bezis wrote that the initiative text “merely" states that a "new library should provide space, furnishings, and equipment…’' The initiative text does not require the El Cerrito library to provide any of the listed “library services.”

The statement was removed.

6. References to “operating costs” are misleading because it was not made clear that the county provides ‘base hours’ including library services and programs to the public regardless of the existence of this initiative, Bezis wrote.

Some text was removed.

7. References to features of a new library are misleading because the summary included a long list of library features and services that could be provided. However, the initiative text merely states that “a new library should provide space, furnishings, and equipment for community services and amenities,” Bezis wrote.

Some text was removed.

Sky Woodruff did not return calls to his law firm about revisions to the summary.

The full text of the revised summary, provided by Greg Lyman, is below.

New El Cerrito Library and Library Services Parcel Tax Voter Initiative

This proposed voter initiative ordinance (“ordinance”) states that its purpose is “to fund the

planning, construction, and furnishing” of a library in El Cerrito and “to fund the City's library

operating costs of the new library for up to ten years.”

The ordinance would levy an annual parcel tax on all properties in El Cerrito, unless an

exemption applies. The initial maximum tax rate would be $0.17 (17 cents) per square foot of

improvements on a property, as defined in the ordinance, or $100 for a vacant parcel. The

ordinance would authorize the City Council to adjust the tax rates annually based upon indices

reflecting changes in the cost of living or personal income.

Revenue from the tax could only be used for purposes listed in the full text of the ordinance,

including those stated in the first paragraph of this summary, to pay the principal and interest on

bonds or other indebtedness, and for borrowing costs.

Seniors who own single-family residential parcels or units under separate ownership on

multifamily residential parcels would be exempt from the tax if they qualify for participation in

either of two identified programs.

Annually, the City’s independent auditors would complete a report reviewing the collection,

management, and expenditure of revenue from the tax. The report would be reviewed by a new

or existing citizen oversight board designated by the City Council as part of its review of the

annual audit.

Collection of the tax would “commence on July 1st after the Effective Date and continue for

thirty (30) years after the initial issuance of bonds for the planning and construction of a new

library.” (Effective Date is defined as “the earliest date legally possible after the elections official

certifies the vote” on the initiative.) Revenue from the tax could only be used to fund library

operations for the first ten years after completion of the construction of the new library.