New Library Actions

The El Cerrito library at 6510 Stockton Ave.

The City Council voted 4-0 on Tuesday to “discuss its intentions” regarding a “senior exemption” in the library tax initiative that is set for a June 2 vote. Council member Rebecca Saltzman abstained, saying she was not sure “if it’s worth it.”

The council also agreed to move forward with the selection process for a Library Task Force that will be recruited this spring but will not hold its first meeting until after the June 2 election.

Library Task Force Not About The Library Tax Initiative

City Manager Karen Pinkos said the Library Task Force is intended to be about the future of El Cerrito’s library, not about the library tax initiative.

Pinkos said, “If the ballot measure passes, this task force could be helpful in moving forward with the process, discussing the sites (and) moving forward. If it doesn’t pass, I’m going to need this task force to try to help me come up with what we’re going to do next because we have a substandard, decrepit, falling apart building that we need to deal with.”

She continued: “There have been a couple of comments that said: ‘Why didn’t you do this ten years ago?’ And quite frankly, I wish I had done this ten years ago…because I really feel like this (task force) is the way we can engage the public.”

The council votes came after the council received more strongly-worded public comments about the library tax measure. Critics outnumbered supporters.

Public Comments

Residents Michael Coan and Laurie Schrey said the initiative states that a senior exemption to the tax is available, but that is misleading.

Claiming There’s A Senior Exemption Is ‘Disingenuous’

Coan said claims that the initiative offers a senior exemption are “disingenuous.” Under the initiative, applicants for the senior exemption must qualify for one of two state programs before they can apply to the city for an exemption. One program, the Gonzales-Deukmejian-Petris Senior Citizens Property Tax Assistance Law, has not been funded since 2009 and is not available. Another, the Senior Citizen Tax Postponement Law, is a tax deferment program that involves having a lien placed on one’s property, not an exemption.

Coan said the language was taken from Measure H of 2019, but that measure did not mention the word “exemption.” He added, “No person in El Cerrito has qualified for either of these so-called senior exemptions for Measure H.”

Coan said: “I question the purpose of describing the library tax measure in the short summary as being a property tax with senior exemption, when there’s no chance of receiving an exemption. I wonder what non-factual wording does to the validity of an election. I ask that the ballot language be changed so that there is no chance of confusing or deceiving the citizens.”

Signed the Petition, Now Is Opposed

Laurie Schrey said she signed the library tax petition but now opposes the measure.

Schrey said that when she signed the petition, “I understood from when it was out there to the public, there was a senior exemption. I’m a senior and I am really upset that now it’s on your discretion that a senior exemption may be possible. There’s a lot of other seniors that probably signed this petition with the same understanding that I had.”

Schrey also objected to the council vote to place the proposed library tax on the June ballot, at an extra cost of $80,000, rather than combining it with the City Council election on the November ballot, allowing the city to pay $80,000 for both the measure and the council elections.

“It just feels like the council is losing trust within the community and people are watching,” she said. “They’re watching what you’re doing. You’re not listening. El Cerrito deserves better than what we’ve just been handed with this library tax initiative.”

No Library At Busy Intersections

Gerald Figone said he’s opposed to building a library on Fairmount Avenue between Richmond Street and Liberty Street.

“Dangerous for children and seniors and all pedestrians,” Figone said. “It’s where BART is and across the street is El Cerrito Plaza. You can imagine motorcycles, cars, buses, trucks, e-vehicles. The intersection of Liberty Street and Fairmount is the busiest intersection in El Cerrito that’s not on San Pablo Avenue. The intersection of Richmond Street and Fairmount is a close second.

“For those reasons, I’d ask you to pick a location for the library that is not in this area,” Figone said.

City Would Lease, Not Own, At Plaza BART

Referring to a proposed Plaza BART library, Bill Barrish disputed claims that the city would “own the library in the same way it owns the current library.”

“The city would pay $1 per year rent to the building developer or owner,” Barish continued. “Therefore the city would be a lessee. You cannot simultaneously pay rent on and own a physical parcel of real estate, and any improvements thereon. So once and for all, the city would never own any part of the land or building where the library would reside because the city would never have the deed of trust to either the land or the building.”

El Cerrito Deserves a New Library

Janet Byron said: “I’m very excited about the opportunity to vote yes on the library initiative in June. Libraries are a public good and if we value them then we all have to pay for them. El Cerrito deserves a new library and an excellent facility.”

Library Task Force

Discussion about a Library Task Force took place later in the meeting.

The council decided earlier that the task force would have seven voting members, including a youth member, along with three other members. These include a council liaison, the city’s representative on the Contra Costa County Library Commission, and the County Librarian or her designee.

At Tuesday’s meeting, the council elected Mayor Pro Tem Rebecca Saltzman to be the council liaison. The Contra Costa County Library Commissioner is Michael Fischer, who helped former city council member Greg Lyman write the library tax initiative.

Fischer’s View of Library Tax

During public comment about the library task force, Fischer said, “Our library is 75 years old, too small, seismically unsafe, and not accessible for the disabled or the elderly. This (library tax) measure which was placed on the ballot with an all-volunteer effort will cost the average homeowners less than $6.50 per week even at the initial maximum tax of 17 cents per square foot…There is a senior exemption which the city attorney has noted can even be expanded by the City Council.”

According to a city document, the library task force will make recommendations on a range of topics including site feasibility analysis, projected costs, projected funding options, library design and features, and a public engagement process.

Mission Statement and Selection Process

On Tuesday, City Clerk Holly Charlety offered the council a mission statement and several options for recruiting and selecting task force members. The mission statement is, “to advise the City Council with informed recommendations related to planning for a new or updated modern, safe, accessible,and sustainable Library in El Cerrito.”

Charlety asked for guidance on what information to request on applications.

Questions will include, “Please describe why you feel you are a strong advocate to serve on the task force,” and “Please select all the existing library services that you use.” Motoyama requested that local personal references be requested, and four of the council members supported asking people whether they are renters or homeowners.

Process Depends on Number of Applicants

The selection process will depend on how many applications are received.

If there are fewer than 12 applicants, the council will interview all of them.

If there are more than 12, council members will read all the applications and then each will choose his or her top 3 or more applicants and list them in priority order. The exact number each council member could choose will be determined once it’s known how many applicants there are.

A Very Political Process

Council member Carolyn Wysinger said task force selection is going to be a very political process.

“This is a conversation that certainly brought out a lot of very very strong feelings,” she said.

She asked whether names of applicants could be redacted.

“I don’t want anyone being able to come back and say, well I think the council just put people that they like. I want to make sure people know that we are solely looking at qualifications.”

Applicants’ Names Can’t Be Redacted

City Manager Pinkos said it is not possible to redact names of applicants because the applications are public records. If they are requested, personal information would be redacted but the names would not.

Charlety said an application will be drafted, probably in a week or two, and then a notice will be posted that interested people can apply.

Convene Task Force After the Election

Council member William Ktsanes suggested that the first meeting of the task force be delayed until after the election.

“I think it’s good to not convene the task force until after the election so that people don’t believe they’re going on a task force that can shape the election,” Ktsanes said.

Legal to Talk About Library Tax Senior Exemption?

Mayor Gabe Quinto asked the city attorney whether the task force could talk about library tax exemptions.

City Clerk Holly Charlety has said the initiative, once qualified, must go on the ballot without modification.

“A lot of folks have been asking about exemptions so I’m wondering if we can look at that,” Quinto said.

City Attorney Sky Woodruff said, “If the council wanted to provide clarity to the public about their intentions prior to the June election, then waiting on the task force to provide a recommendation would be too late.”

Woodruff said it would be a “legally legitimate thing” for the council to discuss the senior exemption in the initiative prior to the election.

Motoyama then moved to request that a study session be scheduled on the library tax senior exemption. The motion passed unanimously.