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Agenda Packet - LB - 1998.03.24
(BURLINC-AMEI, i URLINGAME PUBLIC LIBRARY Board of Trustees Agenda 4 LrC LI84 March 24th, 1998 - 4 30pm 480 Primrose Road- Board Room SUGGESTED ACTION 1. CALL TO ORDER: 2. ROLL CALL: 3. BILLS: Approval City Checks: $ 50,602.63 Special Fund: $ 2,165.91 Duncan Funds:$ .00 4. MINUTES: Approval 5 5. CORRESPONDENCE AND INFORMATION: Information a. Letter: Peninsula Community Foundation b. Letter: Sandra Brown c. Letter: Second Harvest Food Bank d. Legislative Summary e. Memorandum: City Attorney f. Letter: Paul Mayfield g. Letter: Jan Eustis h. Community Room Policy Revision /� ,`I✓- J i. Duncan Trust Request j. New York Times Article 6. FROM THE FLOOR: 7. RTS: i �� Information a. City Librarian's Report: Escoffier b. Foundation Report: Herman ' c. System Advisory Board Report: Robertson 8. NFINISHED BUSINESS: . Internet Services Plan Revision Discussion/Action v' 9. NEW BUSINESS: � Community Room Policy Revision Discussion/Action b. Duncan Trust Request Action 10.ADJOURNMENT: Adjourn Age&M UBOURLINGAME Burlingame Public Library ,,Board of Trustees Joint Council Meeting Minutes „ February 17th, 1998 1. CALL TO ORDER: The meeting of February 17th, 1998 was called to order by President Berger at 4:30pm. 2. ROLL CALL: Trustees Present: Berger, Cannon, Dunbir, Herman & Morton Trustees Absent: None Staff Present: Alfred Escoffier, City Librarian; Judy Gladysz, Administrative Secretary; Esther Cummings, Reference Librarian; Joan Martini, Children's Librarian; Deanna Tomei, Circulation Supervisor; Barry Mills, Reference Librarian. `,. 3. PUBLIC COMMENTS: Please refer to Council Minutes (attached). 4. REVIEW AND DISCUSSION OF INTERNET POLICY: Please refer to Council Minutes. I 5 ADJOURN CITY COUNCIL: At 6:10pm the City Council adjourned its portion of the meeting. 6. BILLS: M/S/C (Herman/Cannon) unanimously to approve the bills as presented. 7. MINUTES: The minutes of the meeting of January 20th and 31st, 1998 were approved as written and ordered filed. REPORTS: I 8. a. City Librarian's Report: No comments. b. Foundation Report: No report. i 480 Primrose Road • Burlingame, CA 94010-4083 (415) 342-1038 Fax (415) 342-1948 9. NEW BUSINESS: a. Reschedule March Board Meeting: M/S/C unanimously (Morton/Dunbar) to change the next Board meeting date to March 24th, 1998. 10. ADJOURNMENT: The meeting of February 17th, 1998 was adjourned at 6:25 pm. The next Board meeting will be held on March 24th, 1998, at 4:30 pm in the Conference Room. Respectfully submitted, Alfred H. Escoffier City Librarian Trustees Minutes 3/9/98 Page 2 ( BURLINGAME I a City Librarian's Report March 24, 1998 National Acclaim! I am proud to'announce that the Burlingame Public Library will be featured in a cover story article in the April 1998 issue of American Libraries magazine. The article describes how the renovation and expansion of the historic library successfully preserved the design integrity of the original 1930's era structure, while preparing for the technological challenges of the 21" century. The article focuses on how the team's unusual collaborative approach brought the complex project in on time and on budget. American Libraries is the premier library trade publication. I am certain I share your excitement as well as that of the City Council on this national recognition! Internet Services Plan Plans are underway for reorganization of the library's Internet services. In response to concerns of the Board and Council, we will be revising the manner in which we provide Internet services to the public. In an effort to provide greater access to this valuable service, the library will be _ moving the Internet terminals to the lower level. • Users will be asked to sign up for a specific time slot using their library card or driver's license. • Letters will be distributed to parents in Burlingame, via the schools, announcing the availability of the Internet at the library, and requesting that should they wish their child to have access to the Internet, they need to fill out a parental release form. The forms will then be turned into the children's desk, and the child will then receive a sticker on his library card indicating he has parental permission for use of the Internet. • Specially trained staff at the Lower Level desk will provide oversight for the Internet service. • One additional Internet workstation will be provided at the Lower Level for a total of four. • Internet use times may be expanded to one hour each. (There have been a number of requests to expand the time slots.) 480 Primrose Road • Burlingame. CA 94010-4083 • (415) 342-1038 9 Fax (415) 342-1948 • Additional Internet terminals will be available on the Main Level. One will provide express service (15 minutes or less). Another workstation will have - the ability to be toggled on and off by staff to answer specific reference questions as needed. • Provide introductory Internet training for all ages. We will be implementing these changes over the coming weeks. We have targeted mid- April for the change over. A press release will be sent to the media announcing the changes in service. In addition, fliers in the library will announce the changes to our regular users. We hope that these changes will provide better access and a greater understanding of the Internet service as part of the library's information package. Library Budget It's budget time again! The budget priorities for this year will include fund requests for needs in the areas of: new service contracts for building maintenance; greater janitorial maintenance; additional public service staff; increased emphasis on in- house technology support; increased funds for the book and materials budgets. Community Room Use. The Community Room is proving a popular venue for local organizations and groups. Now that the room has been in service for three months, I would like to suggest a few minor changes in the policy to make it run more smoothly. The revised policy is attached for your review and approval. Long Range Planning Esther Cummings and I attended the Public Library Association Conference in Kansas City last week in an effort to learn more about the "Planning for Results" for Public Libraries. The original plan is one that has been used in public libraries since the mid-1980's (and here in Burlingame for our last two planning cycles.) The revision uses some different terminology and focuses the planning on fulfilling community needs. We will begin the planning process in the next month. Construction Close Out Construction closeout activities are nearly complete. Major work this month has been on the HVAC systems. Most other problems have been resolved. Volunteer Program Eleven volunteers contributed a total of 58.5 hours to the library this month. Volunteers gave tours, helped patrons at the catalog, shelved and processed paperback books, canceled books, straightened shelves, folded and stuffed brochures, straightened shelves in the non-fiction sections, and watered and cared for plants. 2 Staff Development Staff attended several staff development opportunities during the month including "Taming the Internet" by Carole Leita of the Info People Project. Other staff attended the "Reader's Advisory Workshop" which covered issues of understanding how and why people read and how to do a reader interview to assist readers in finding the right book. Upcoming Events: • 9 April , Foundation Board, 4:30 pm 12 April, Easter Holiday, Closed 20 April-26 April, National Library Week 21 April, Library Board Meeting, 4:30 pm • 5 May, CLA Legislative Day Alfred H. Escoffier City Librarian March 16, 1998 3 STATISTICS FOR FEBRUARY 1998 REGISTERED BORROWERS: Total Registered: Burlingame Adults 11 ,592 Burlingame Children 3,380 Hillsborough Adults 1,866 Hillsborough Children 1,023 Universal Borrowers 555 Total Registered Borrowers: 17,736 -------------------------------------------------------------------------------------------------------------------- CIRCULATION ACTIVITY: Main Branch Adult Print Materials(books, periodicals, pamphlets, paperbacks) 21,342 1,047 Children's Print Materials (books, periodicals, pamphlets, paperbacks) 9,532 1,035 Audio Visual Materials(records, cassettes, films, videos, cd's) 5,572 157 TOTALS: 36,446 2,239 Main Total 1998 Circ: 36,446 Main Total 1997 Circ: 31,934 = 14.01% Inc. Branch Total 1998 Circ: 2,239 Branch Total 1997 Circ: 2,826 = 20.08% Dec. Grand Total 1998 Circ: 38,685 Grand Total 1997 Circ: 34,760 = 11.29% Inc. -------------------------------------------------------------------------------------------------------------------- REFERENCE ACTIVITY: Questions Directions Reference 3,812 768 Children's 950 946 Lower Level 986 659 ILL Borrowed: 2,229 Branch 228 86 ILL Lent: 3,044 Total: 5,976 2,459 ILL Total: 5,273 -------------------------------------------------------------------------------------------------------------------- COLLECTIONS: MAIN BRANCH TOTAL VOLUMES/TITLES VOLUMES TOTAL VOLUMES Ad.Non-Fiction 130,740 /114,340 5,160 135,900 Ch.Non-Fiction 22,775 / 21,770 2,180 25,731 YA Non-Fiction 1,975 / 1,745 100 2,075 Ad. Fiction 52,930 / 50,500 5,690 58,620 Ch. Fiction 19,410 / 17,740 5,820 25,230 YA Fiction 2,910 / 2,635 360 3,270 Reference _5,600 / 5,400 200 5,800 Totals: 235,390 /213,530 19,400 254,790 ----------------------------------------------------------------------------------------------------------------------------------------------------------- OTHER MATERIALS: Pamphlets 31,530 Paperbacks 3,410 Maps 1,640 Records 1,500 Cassettes 10,400 Video Tapes 2,120 Compact Discs 1,745 -------------------------------------------------------------------------------------------------------------------------------------------------------- Deposited with the City Treasurer: Main: 913.30 Branch: 338.25 Xerox: 1,068.00 Room: .00 Donations .00 CLSA: 14,830.32 User Traffic: 34,371 Daily Avg.: 1,273 Children's Programs: 14 Attendance: 395 Children's Programs for the year 1998: 15 with a total attendance of 490 children The Julia M. Farrell Memorial Fund At the Peninsula Community Foundation 1 February 17, 1998 Burlingame Public Library 480 Primrose Road Burlingame, CA 94010-4083 Dear Friends, We are pleased to enclose a check in the amount of$443 from the Julia M. Farrell Memorial Fund at the Peninsula Community Foundation. These funds represent the net income for 1997. This grant is for the purchase of new books. Our donor valued your work, as do we. On his behalf, and on behalf of our Board of Directors, we wish you continuing success. Please indicate your acceptance and receipt of the enclosed check by signing and returning the enclosed copy of this letter to the Peninsula Community Foundation at the address below. Sincerely, Victoria Mendiola Development Associate 7709 DFAR TEL: (415) 358-9369 FAX: (415) 358-9817 1700 SOUTH FI, C:AMINO RLM- SUITI: ")0. SAN MAT 1:0. CALIFOR-�,t.1 NN You 've received a gift f� EI S U L A froma C0MMUNIT )' Donor Advised Fund... F O U N DAT 10 Your organization has received a gift from a Donor Advised Fund of the Peninsula Commu- nity Foundation. We thought you might like to know more about this unique charitable vehicle. Some commonly-asked questions: What is n Donor Advised Fund? A Donor Advised Fund is set up by a donor at a Community Foundation to facilitate the donor's charitable giving. Often called a "Foundation within a Foundation,"the Donor Advised Fund allows a donor to make gifts to their fund when it is most convenient financially and in a manner which fits their needs (e.g. stock, other property). The donor then recommends grants to nonprofit organizations from this fund at any later time, which may span years. Is this gift from the Donor or the Peninsula Community Foundation? Your gift is from the Foundation and any receipt for the gift should be made out to us. When a --t donor makes a gift to a Donor Advised Fund, it becomes the irrevocable property of the Founda- tion. However, we act on donors' recommendations regarding distributions from the fund when the grant meets the Foundation's mission of"advancing local philanthropy and developing and sharing resources for the common good." ff the gift you receive is not anonymous, you will want to recognize the generosity of the donor(s) who recommended the grant by also sending them a thank you. How do we contact the Donor who made the recommendation? If you don't already have the address of the donor, feel free to correspond with them in care of the Foundation. Unless the donor has specifically requested otherwise, we will forward your acknowledgement and any other materials you wish to send. Whom should we list in our Annual Report or other Donor Recognition Listing? If the gift is not anonymous, you may wish to list both the donor and the Foundation. Whom may I contact with other questions about this gift? If you have any further questions, please contact Development Associate Victoria Mendiola or -� Donor Services Coordinator Rebecca Arno at the office number below. They will be pleased to assist you. TEL: (650) 358-9369 FAX: (650) 358-9817 1700 SOUTH EL CAMINO REAL, SUITE 300 SAN MATEO, CALIFORNIA 94402-3049 0� 19 o 1051 Bing Street San Carlos,CA 94070-5320 (415)610-0800 0 FAX(415)610-0808 OF SANTA CLARA AND SAN MATEO COUNTIES February 17, 1997 Esther Cummings or Tracy H. Burlingame City Library 130 Park Road Burlingame, CA 94010 Deur Friend: Thank you for your generous donation of 772 pounds of food to Second Harvest Food Bank's 1997 Holiday Food Drive. Your contribution helped to make this drive the most successful in our history. With support from corporations, schools, religious organizations, the media, government, and individuals, we were able to collect an amazing 7,369,919 pounds of food. Please extend our thanks to each and every person who contributed to your collection efforts. This overwhelmingly successful food drive could not have come at a more opportune time as the need for food assistance in our community continues to increase. More than 167,000 of our �— hungry neighbors had bountiful holiday celebrations as a result of your generosity. In addition, your food and financial contributions enabled us to respond quickly to those families and seniors affected by the recent floods. We hope that you will be able to join our celebration of the food drive on Wednesday, February 25, 1998 at the Mountain View Center For Performing Arts. For more information or to RSVP, call (408) 266-8866 or(650) 610-0800. Thank you again for helping us realize our vision that lino one in Santa Clara or San Mateo counties will go hungry." Sincerely, Susan Williams Program Manager SW:bp P.S. Your donation is deductible to the extent allowed by law. Per IRS regulations, we hereby state that no goods or services were received in exchange for this gift. Federal Tax ID# 94-2614101 MAP-06-199E 11:21-3 BALiS PLE EB(--L-z':, 1415495089 P.01,'E5 11J J lJ JrJS1J 1MV l7Pta ragn lint lifiR-O6-98i f 1 39 P. 01 SUMMARY FOR THE 1997-98 LEGi'SLATIVE SESSOPON Calitomia Library Association BI LL.MAUTHOR DESCRIP114N STATUS AB 95 SVS EI�EYfA lJtI�R l�fvusa pro�r4� f�{r a rets�rn of 10% Senate Sumrt 0 the property tax bas+a each year, Approprtationo over the next IQ Yom, to vibes, Hold -on the owes, and ficial districts, Suspense Fife according to tyle proportion of their current ERAF transfer, and cap the shift of loos!property tis to ERAF. Lq3 8_ 6?:QVCt-iENY Creates the L tbrary Materials Fund, Senate Support under the State Superintendent to Appropriations annually apportion to each school He'd on the Suspense district the sum of$5 for each unit fli e. of ADA, to purchase maEMals that m2y include, but are not limited to books, rofamnces materials, periodicals, laser disks, etc_ AB 9608-PRWQL A5 htmciuced 1r)perld cream a talc Senate Revenue Suppo t exemption for newspapers and &Taxation periodicals in Carfvmia. Recently amended to provide the exemption for newspapers ragularty issued at intervals exceeding 60 time* per year and sold by WVte copy only. Am.eridrrkents dMte eXemption for periodicals. AB 1651-SWF_ENF-Y States hegisLative intent that the Assembly Refer to legislative Education CouncG for Technology Education Oran miftee in Learning ( CTL) make recommendations to the department of Education regarding, an-tong other things, L-re development of a phased-int plan for funding and intptementing a sloWwide tete=mrrimications education network that provides wnneotivity bepaea n and among al} ettucabon segrnerns and public Libraries and extslnal networks, including the Internet. Pupils would have access to tie statewide network via schools, oommunity colleges, university crampons and public fibmries- AB 1793-kLfiV ig Would require every pubbc library in Assembly Refer to Legisimtve that receives state funds pursuant Awn ajncq Ccm{n3tiee to the f"ndation program and that Referral provides public access to the Post-ft"Fax Note 7671 Date �_ q� oaa�,5 To L16RARY b r �Ctbl�y From f lei OA CA a1N;= �Y+nAira{t (xiw apt Co- Ph0[1C 7i PI70r:e iF FaX# Co_u r9HK-WC-1'j`1b 11 L-HL 1 1-'Lt 141D34t:DUUZy r,.Ue kJ ,..,R,.,,x, U-72.rm -} 415 M13 UM Hay Area Page ME CZAR-06--98 Fp I 11:39 P. 02 Intemef, to adopt a policy regaMing acccaa to harmful matter on trse Intsmat by nninors, and to post _ a copy of the A014 near eaCh library computer terrnirral thi d provides public access to the 1 ntemet Ata 183 .Ti-i{)l P!i QN- Mild allow. as an altemative to In Assembly Refer to Legislative the appointment of five members of Awaiting Committee the board of library trustees, Referrral Me legislative body of Me municipality, may by resolution declare it W to be the board of library tmtees. Would also allow a ftislativa body of a municipality that has declared heel€to be the board of library trustees purruant to the above, by resolution at any time, to detet'mine that it no longer will function as It1e board of library trustaas, in WhiCh event, the mayor, with the consent of the legiSLIWe body of rile rtiurtW4)'*fty, shalt appoint five members to the board of hbrary trustees pursuant to Section 18990_ Ata 1886-B.TI-IOlM1PSON Would require any public library that In Assembly Refer to LegisWive loans movie videos that have received Atr sting GomrrWte* an "R" rating fro m the Motion Picture Referral Associabon of Amarkm to ensure,that the borrower of such a movie is at least 17 years of age. AS i9-2(1-WILDUA-N School and Literary partnership In Assembly Refer to Legislative Act of 1998. State Uepaftrnent Awaiting Commmea of Education woufd award grants Referral to school dMM= for the planning and Opetatlan of joint-use fibrams, in a eatel local match. 6,13 2081-YLLARA1C-,OSA Would reinstate rho tax exemption In Assembly Refer to LegiWative fvr the sale of any newspapm, Avraihstig Gammitb regularly issued at intervmis Rdrral exoeading 60 tunes per year and exempts the sale of newspaper photographs. As ZJ91-PA-rkJECO Would require that every computer In Assembly Rofer to legislative at a public elementary or Awaiting Committee secondary school that may be Referral NAR-06-199E 11:23 BALIS PLS SBCL.S 14153495089 P.0-i05 a�,.r;I jj —.1 41S -M bUtN Ealy krm Page ULU MR-0648 FRI 11:40 R 03 used by a pupil and that has access t D the Intemet or an on41ne wmice, have an operational pairentat Control device. The schoot 8istridt would have full dlSorelion as to what device is seiecfe d, AE-2204-WA HIhUT_QN Would rernave the requirement In Assembly Refer to Legislative that matb8f be "obscene" If Awaiting CoMmittee it deOcta a pergon "or IS Referral years of age personally engaging in or simulating sexual conduct. AB22,7-MACHADO Would provide a tax credit In Assembly Refer to Legistative in an amount equal to the Awaiting Committee costs pard or incurred by an Referral Internet saMce provider for the purchase and installaticn of tiering or ging software. AS 2350-FRUSETTA Would require a public libmiry In Assombly Refier to Legislative that iwovides access to the Awaiting Committee Intemet to purchase, install, Referral writ maintain computer software that prohibits access to obscene matfer, as defined, on the Internet. A256!9-KUEHL Mind mdend currant law, whim In Assambly Refer to Legislative "pirod in January to add one Awahing Comrrattee year addMonal punishment tv Referral a person Omwided of possession for sale of dfugs if the rdolatiori os omed upon the grounds of a public park or ocean front beach. New law adds public fbrarseF as a "drug-free zwe." ACA 4,AGUlAR/SVkjFf; PV Same content as AR 95, but as a Senate Local Support comOutional amendment, could Govermment: be placed on the statewide ballot by a F;WICd passage, two-thirds vote of the legislatyldo, thus NsOonsideraHDn avoiding a Governors veto. Granted- H.R. 521-THompSDN A House Resolution s ting that In Assembly Ref@r to Legislsivv "public liprar*s are not enforcing Committee the rating system, e9 set forth by the Motion Picture Associailon of AmedCa" and"that Pubric libr-antes are requezW to mane every effort to identify the age of any person MHH-U -1J+ 1b 11:24 h--Clzi F'L'T SK:Lz; r.Uq Liz-, .%r-,-M.ru -? 415 M 'hWJ9 Clay Arna Page M4 W-O6-U8 FRI 11:41 P.04 ohecMtiq out a video who appears to a minor and conform their check-out policias to the Mo:ion Pictlore Msociaticn of Arnedca'S rating system, SB 147-AI+AL"QF>P Muld require that fro c ty, crusty, In !Assembly Disapprove or local agency pray incur any Keid at fnd a driess (such as certificates desk. of participation ICON], as dined, withdUt prior aoprOVal by a M*rity of the votars. RewnUy ameruted to pertain to the issuanra of bonds by a joint exercise of pavers authority, to assist ioc-W agencies in finarnding capital improvements, etc. SS 4 -Atf9 LPERT The Llbrary of California: Assembly & SWEENEY Sponsored by CLA, wwld Educatton CLA Sponsored establish a major, statewide rmtwoMng system of resource- sharing, comnztmicaations and defiivery, and preservation of materials for app=lmately 8= 4f Cafifomta's mulfr-type librali es_ SSIR�;;1(A$QQNQELLM Creates ttte Catifamia Cflrnrrunity Assernwy Support College faculty, Counselor, and Appropriations Librarian Full-Time Fuad within t-leld in Committee the State Treasury to create a net at Chair's re=rnmendatlon. increase in full-time faculty, counselor, and tbrarlan pcsitions in the California Comfrxtnity Co4leges. S8 E8G-CR+AVEAI ERAF bill: Similar to AB S& Ass&nhly Support Sweeney/Apolar, Floor. Inactive FOR SB IZ§2:'RAVEN Would create whin the State Passed Serzate Support Department of Education the Eaucation. To position of Pubic Schod Library Revenue & Consultant to bo responsitale for TazatiW tho administration of school library grant& funded through the California 1'vUk, School Library Protection Fund and the coordination of other school library programs. SB �84B•1�AL©F�t3iV ftuld require sellers, renters In Senate Res --r to t.egslMYe digs of"harmful m2tter," Awaibnq Committee as def nee, to rtstatxish an Referral "adufts only"secton into which all hamsful matter, i9Ai?-0E.-1998 11:121A BAL I S PLS EBC1-5 14155495089 P.05%25 MAR-06-,98 FRI 11:41 P.05 wYiether kept, displayeA or offered must be contWrled. Would excuse only two or fewer aems incorrectly ptacotftide of the Madu is only'seettcn. SS 'fA59jAMNTJOY Would change the cisf"a on In Senate Refer to LegislatYve Of'Obscene mate' to mean Awz4ng Committee matter, wttj31 uses contemporary Referral cQmmtrnity standff ds, rather than Ittm cumer7t stata'wide standarrls- S6 2M.0-RA1NEY1 Would crealz a $500 million Pubtic Senate Education X11 L.brary Construction and Renovation Bond Act for grants to iauild and remodel libraries statewide. .5 038-PC).ANCO Smad Cx ornia Act of 1998, In Senate Refer to Legislative Would create "smart «coati Unitiaa": Awaiting Committee a creation of Community Deferral networks, alowing electrcnic access to numerous rMurms and senftes. including but not limited to educafon, ttawng, health and aozial services, tciemedicine emargenay response, and rapid eieetrunic tramminai of business lWarming and registafion do=ents.. $ 20S&VASCONCEt.I._OS WQuld expand prison inmates In Senate Refer to Legislative statutory rights by includlriq Awaiting Committee the right to mmnable Referral access to an adequate taw library, inducting torrent state law case reports. 3151'98 TOTAL P.M. M E M O R A N D U M CITY OF BURLINGAME CITY ATTORNEY DATE: March 5, 1998 TO: Mayor and Council FROM: Larry E. Anderson, City Attorney RE : Attendance by a Majority of the Council at Meetings or Events This memorandum is intended to provide you with a brief overview of the Brown Act limitations on attendance by a majority of the Council at a meeting or event that is not a special or regular meeting of the Council.' Government Code § 54952.2 generally governs the situations presented: 1. If the event is a conference or similar gathering that is open to the public and involves "issues of general interest to the public or topublic agencies of the type represented by the Council C- or the Commission," attendance of a majority is all right if A majority of the members do not discuss business of a specified nature that is within the subject matter jurisdiction of the City, other than as part of the scheduled program. The clearest example of this is a conference sponsored by the League of California Cities. 2. If the meeting is an open and publicized meeting organized to address a topic of local community concern, attendance of a majority is all right if. A majority of the members do not discuss business of a specified nature that is within the subject matter jurisdiction of the City, other than as part of the scheduled program. The example here is a chamber of commerce meeting. 3. If the meeting is being held by another board or commission of the City or another public 'Of course, this same analysis applies to attendnace of a majority of board or commission, such as the Planning Commission at such a meeting or event, with the additional proviso that the restriction applies to matters within thejurisdiction of that board or commission rather than the L- City in general. City Council Re: Attendance by a Majority of the Council at Meetings or Events March 5, 1998 Page 2 agency, attendance by a majority is all right if: A majority of the members do not discuss business of a specified nature that is within the subject matter jurisdiction of the City, other than as part of the scheduled program. An example of this would be a planning commission or board of supervisors meeting. 4. If the event is a purely social or ceremonial occasion, attendance by a majority is all right if A majority of the members do not discuss business of a specified nature that is within the subject matter jurisdiction of the City. An example of this is the commissioners dinner. 5. If the meeting is of a standing committee of the Council, a majority of members may be in attendance only if the members of the Council who are not members of the committee only observe the proceedings (in other words, those non-committee members cannot speak at the meeting). The Attorney General recognizes that these are difficult provisions to apply. However, councilmembers are obligated to ensure that a public forum does not turn into a de facto meeting of the council. Except as expressly and formally put on an agenda (usually as a panel or debate), councilmembers should not engage in any public dialogue with each other during the conference or meeting. Also remember that a serial conversation of one person to another and on to another, constitutes a possible violation of the Brown Act. An additional difficulty is conformance with the Due Process requirements of the U.S. and State Constitutions. If a councilmember receives information or participates in discussion on an administrative hearing item (such as a zoning approval) outside the public hearing process on that item, the information and the discussion have to be fiuliy disclosed at the beginning of the public hearing. For example, if a councilmember meets with a project applicant or neighbor outside the public hearing process, the fact of that meeting and the substance of the discussion has to be disclosed on the record at the beginning of the public hearing. This is to prevent a person from being unfairly blind sided by information that was not put on record so that it could be reviewed and addressed. There is also an open question as to when comments by decision-makers can be construed as prejudging an issue, requiring disqualification. Because public forums often concern highly controversial topics, I urge you to be highly circumspect City Council Re: Attendance by a Majority of the Council at Meetings or Events March 5, 1998 Page 3 in your participation on City issues in such a setting. Any dialogue among or through a majority of the members can jeopardize the City decision-making process and results. Remember that protagonists on such topics will usually not hesitate to use what is said at those forums as grounds to overturn a decision or to disqualify a councilmember. cc: Planning Commission City Manager Department Heads LAW OFFICES HARRIS, MAYFIELD SSC FRASER NORMAN HARRIS* AN ASSOCIATION INCLUDING PROFESSIONAL CORPORATIONS* SAN FRANCISCO OFFICE PAUL MAYFIELD* TELEPHONE (415) 864-6300 ELAINE RYZAK FRASER 1220 HOWARD AVENUE SUITE 250 MONICA A5PLUND BURLINGAME. CALIFORNIA 94010 CERT.PARALEGAL TELEPHONE(650)401-8080 FAX (650) 401-5656 March 3 , 1998 Albert Escoffier City Librarian 480 Primrose Road Burlingame, CA 94010 Re: Linda Santo Dear Mr. Escoffier: Two cases I am currently working on required me to make use of the research facilities at your library. My research required some book resources, old newspapers and some Internet searching. I had the distinct pleasure of being assisted by Research Librarian Linda Santo who was of tremendous assistance to me. The speed and ease within which she found exactly what I was looking for was only matched by her most pleasant and cooperative personality. What I particularly felt was above and beyond the call of duty was the fact that the day after visiting the library I received a telephone call from Linda Santo indicating that she had had the opportunity to do some additional research and had come up with some additional information and documentation for me which was quite helpful. Any employer would be thrilled to have Ms. Santo as an employee. And thank you to you for having such a beautiful library which is so well run that it includes employees like Linda. Kindest personal regards, HARRIS, MAYFIELD & FRASER Paul Mayfield PM:nmd UBOURLINGAME March 24, 1998 Sterling K. Speirn, Executive Director Peninsula Community Foundation 1700 South El Camino Real, Suite 300 San Mateo, CA 94402-3049 Dear Sterling: We are writing to request a disbursement from the Roger and Jean Hunt Duncan Trust Fund in the amount of$ 20,000. Now that our new library building is complete, we are finding that the way in which the library user accesses our resources is different than we had imagined. One such area is our offering of Internet services to the public. The library currently provides Internet access via the Peninsula Library System to library users from 3 terminals on the main floor of the library. In a few short months, we have been inundated by requests for use of the Internet. In response to user requests, we are revising our access to the Internet in several ways: • Expansion of the Internet workstations from 3 to 7. • Provide four different levels of Internet access: extended times for single or pairs of users, express access for quick answers, staff-controlled access for reference use, guided access for children. • Alert parents and children to the availability of the Internet in the Library • Develop introductory Internet training for all ages. • Provide specially trained staff to oversee the Internet function. We would like to request that the Duncan Trust help provide for the upgrade of the Internet services for the library. The attached budget request outlines the cost of the project. We are asking that the Trust provide the hardware, assistance with training and printing costs for the project. The library would provide the staffing and other costs. As I am sure you aware, the City Council and the Library Board of Trustees have honored the Duncans in a permanent fashion in the new building, by naming the "Duncan Children's Library," for the Duncans. We feel this is a fitting tribute to the legacy of the Duncans in providing not only the on going endowment, but also the real estate on which the new Children's Library rests! 480 Primrose Road • Burlingame. CA 94010-4083 9 (415; 3422-11033 • Fax (415) 342-1948 On behalf of the Board of Trustees, I would like to thank you and Vera Bennett for your excellent assistance with the Duncan Trust. We look forward to working with the Peninsula Community Foundation on this project. Sincerely, Jeff Berger President, Library Board of Trustees Internet Services Upgrade Provide additional Computers for Access $ 9,000 Provides for computers, printers, Added hardware to local site, site licenses For the added terminals Provide for Internet Training for the Public 3,000 Provides funds for outside trainers to assist Staff in training on the Internet 2 Additional Carrels for the workstations Worden carrels with wire management 5,000 Public Relations: Printing of brochures, publicity For the Project, etc. 3,000 Total Request $ 20,000 { �K9, r1t N.,,rj1 ;.�c� , f I, Nl�� � ,'1G "' '"+ �.���,�} � r l.,'� I t .l, .1• '.. 'id � 4�� C:� a \ , Y�w ,brcy hurt Becomes Ke T�e ' ,pati.;:, ',• , '.• '� r. Of F�redom:'to: Use the Intern obligation to its patrons in an age., ita By AMY HARMON collection is no longer limited b bit ` or shelf space. y When patrons of the Loudoun County, The case is being closely. arkt.W.tis z Va:;;public library try to view sexually. Public libraries across'the natlgn' rintf expliFit material on any of nine computers hers Pace to their collections rout newly connected to the Internet,a software its contradictions. pebgram,'rgsponds'with an unambigyous Asa tool, the Internet.woyl embody the traditional llbr m message;' Vlolation!! Viola , Y ary° tis31>b t- Viola- -tion)I Access'to.this site has been blocked. ment to the, free flow of ideas,; t aiie; Internet also stri s librarie$of thel a As P�e'ase click on your;bookmark..or go.to., P information arbiters. ^ r Todd Buchanan/or The NeW York Times some other Wen site" With more than thre uartet`s tli� lass headquarters,contemplating the Microsoft wast 1'Ite library's board had the filtering pro- e-q, gram..Installed `in November and if the. nation's public libraries comer the) ' Internet, u from fewer than'hiLi 1996" software had zapped only obscene material P \ r It probably-would not have provoked de- many Americans now.count-11111fr�ries ' Pioneer, L6arns bate, their sole source of Internet acres$^, The software program chosen by the ' The library is a place wherey9 yshou r } county for its six library branches,X-Stop, be able to get all different vieppwvs, Said.Jed ' ins About M icrosoft' McGiverin a retired schodlteach8f aril says it can purify the Internet. But library , users complain that X-Stop, produced by President of Mainstream Lou¢qunyfaocal p yc po-. t4eiLog-On Data,Corporation of Anaheim, civil liberties organization invofve0,W thl .,son in the complexities of software om titi0n and 'softwares lawsuit. Some software comp 'Cal!- iittiiovt tion,'and what ft G'allf, is imperfect at'best. Library users means to pom O:wltft the Miciosoft Cot`" tornia should not be making ttie tl ions y pet FOtt1�181tt that they have been denied:ac- soft t Few pea: r:,.poration;; whose ''chairman; William, R. ca$S 'Information on,''sex, edacatlon about what we can.WQ gatutdt see y a Still, many Louct9up,Coto ends -eal-world Gates,,is to testify•at, a,'Senate hears ig�� breast CAncer and gay and lesbian rights, , k . i agree With the .librorr►'�•bq tis ewer than; Tuesdayan the midst of a persistent h5ditsp+,l ga 1}1 ether,things,bepause the;softWarq i ;occasional blackout ofd worth -old chief 'try debate on the company's practices,' , . C no .discriminate between obscene ma-' , P P per to the an acceptable rice to Internet Microsoft's supporters view it as a high terials'and other information about sexual library's traditional community►+'trluea; upplier to' technology national treasure, whose' sur- topics., Under the policy,patrons have the;6�tion oi~ Cengine ! cess deserves unqualified praise.The com. Patrons say they have even been barred submitting a written request'that'•'tbe iR- - ,yglass pany's critics assail it as a new-era monop- . from a Quaker site on the World Wide,Web brary staff consider unblocking..a p ` ict;: -petitor, olist,whose control of the personal comput- and frgm the home page of Yale Univers)- lar Web site.'A handful+oi petits ^ al s er software market thwarts Competition ty%,biology department.At the.saine time,, succeeded. 1 1 , 'k9't, x. tering for and stifles innovation. they say, graphic sexual images some- "I'm not'going to be forced� tNsome :ompany s Mr. Gates, who will testify along with a times manage to evade the software. perceived new right to display poxiiogra: tay out of couple of industry allies and a couple of Charging that the library's policy is an phy in our library," said John.. i N1Gholai� ized mar- rivals,comes to Capitol Hill as the Justice unconstitutional form of government cen- Jr., 49, the chairman of the'librdq%.oard� I services Department is pursuing a highly visible. sorship, a group of citizens has filed a "We never have, and we're not'going td lawsuit.The case is gxpected to serve as a t; )ffer a les- Continued on Page 4 11 litmus test of a library's First Amendment Continued on Page II ;` i+r ,, ., . , . ,. ,. ,. rr3�,.l.:.d:'ti . ,r+;. ,Sta; ,. ,... !,. +,�.. ... ... , :,c.,� •.s'i'Is � �"':n Al T►nes OW r Lawsuit in VirginialsSeen as aLiti Labra y ntiriued From First Business Page the Court compared the Web to "a quire part of it.But that still does not Co _. tihvast library including millions of mean you can require the library to readily available and indented publi- be a transmission mechanism for start now." cations." that information." Last week'a Federal District Court How those publications are pack- A.C.L.U. lawyers contend that the judge in Alexandria,Leonie M. Brin- aged is at issue in the Loudoun case. Supreme Court's concern for the hy- kema,heard arguments on a motion Because there is no direct precedent, pothetical harm to adult speech in by.the library board to dismiss the legal experts say that a decision may overturning the Communications case. The American Civil Liberties hinge largely on what real-world Decency Act should serve as a guide Union has joined the suit on behalf of metaphor for the electronic library in the Loudoun library case. several nonprofit groups and a news- the court accepts. "All of those rights that were safe- paper columnist whose Internet ma- The library board likens clicking guarded by the Court's decision are terial was rendered inaccessible by on a link to a Web site to a book in jeopardy again,"said Ann Beeson, the software. request via interlibrary loan,which a an A.C.L.U. lawyer who led oppo- :_The case comes at a time when library is under no First Amendment nents of the Communications Decen- lawmakers are seeking new ways to obligation to satisfy. The plaintiffs cy Act. "The democratic nature of Fegulate;on-line sexual content. Last argue that cordoning off certain the medium could be completely de- year,in avictory for the A.C.L.U.,the parts of the Internet is like purchas- stroyed if only the 'haves' have ac- 1,,.Aupreme:Court overturned the Com- ing an encyclopedia and cutting out cess to the medium. That's why we "tnunications Decency Act,a Federal the articles that do not meet with a feel it is very important to preserve law that would have made it illegal to librarian's approval. full public access at libraries." transmit_Indecent material to mi- "It does raise novel issues," said But proponents of the library poli- porsot�,llne:°Holding that the poten- Ken Bass,a lawyer representing the cy say that the Federal Govern- tial harm:to,constitutionally protect- library's board. "The Internet ment's failure to come up with a law ed adult speech outweighed the Gov- makes available at no increased to regulate indecency in cyberspace ernment's interest in protecting chit- , marginal cost a realm of information makes it all the more crucial for dren�!from .inappropriate material, once you have the technology to ac- local governments to adopt their own 1 �,0 t f T asking the Markets• MARCH 2, 1998 .1 t,' As the chairman of the Federal Reserve cautioned investors about the uncertainity of the economic outlook`,.new data showed that the economy is still strong. That worried bond investors, with the yield on the`30-year bond jumping to 5.92 percent from 5.87 percent. But stocks rose to new highs,with the Dow 'Jor?es industrial average up 131.78 points,or 1.6 percent for the week, to 8,545.72. ' Interest Rates Currencies tt; d&P&es 500-stock index. In percent. The dollar's value against the yen. 1,100 8 140 f' 1,050 Treasury - 135 r '' Index bonds 7 Yen per dollar sy " %1,000 130 5 950 125 `t ...! 5 900 __ 120 �i �b' nicipal150-day onds 4 moving 850 1 t5 Fi., z, average Three-month FTreasury bills 800 3 110 ' ►51 Oct Nov. Dec. Jan. Feb. Sept Oct Nov Dec. Jan, Feb. Sept Ocl. NOV. Dec Jan. Feb. ti4l 1998 1997 1998 1997 1998 t s Week Yr-to-dt Week Yr-to-dt. The Dollar Close Close Friday Change Change: Friday Change Change Will Buy Friday 2120/98 2/28197 a r r: ffiP.'500` 1,049.34 +1.46% + 8.13% 30-Yr,Treas. 5.92% +0.05 0.00 Yen 126.10 128.00 123.25 ,er arxi, 8.545.72 +1.57 +8.06 Municipals` 5.18 '+0.08 ='+0.05 Pound 0.6088 0.6111 0.6183 r '1,770:51 +2.45 +12.75 3-Mo.T Bilis 5.17 +0.11 -0.02 Mark 1.8148 1.8214 1.6885 ; *Thursday close of 30 ear general Swiss franc 1.4650 1,4670 1.4710 r X �r706.12 +2 46 + 3.14 Y Y a �; obligation bonds. - gnus Test of the Freedom to Use the Internet centerpiece. ty who.grew up in Lotidon County Does a Web 11Iter' "I don't want my tax dollars pay- and later won a Pulitzer Prize for his ing for my kids to see pornography in. poetry. Mistrustful of ,the`library's differ from screening the library,"said Pamela L.Grizzle, computers, Mr. Taylor saves his 32, a lawyer in Leesburg, where the searches—a recent one,drawn from b librarians? Loudoun County library is situated. a line of poetry,was for "hotheaded y Similar disputes are taking place naked ice borers,"—for the days he in communities from Austin,Tex. — travels 60 miles to his campus office. where all 52 computers use software "Over the long haul," Mr. Taylor safeguards. And they note that no filters—to rural Kern County,Calif., law has ever required a libraryto said, I owe that library a lot.And it buya articular book or subscription ion which under threat of a lawsuit by feels bad to think that its policies are that vide twwoo cco.it did not want. the Arecently agreed to pro- being guided by people who would omputers in each branch, Whichever way the legal dispute is one with a filter program activated have been less help to me when I was resolved,the case reflects the Inter- and one without. a kid." That is why, he said, he net's remarkable capacity to ani- Several libraries have emulated interrupted his own poetry reading mate ordinary Americans around a the Boston Public Library,which af- at the library branch in Lovettsville discussion of fundamental values.In ter public outcry installed filter pro- last fall. Loudoun County,where the Constitu- grams only on computers in chil- -"I am sorry to report that this next tion was temporarily housed during dren's rooms. poem is being prevented from reach- the War of 1812—exactly where is a Last summer, the American Li- ing you by software over which you matter of some dispute — the colli- brary Association adopted a resolu- have no control,"Mr.Taylor told his sion of technology and traditional 'tion condemning the use of filter pro- -audience. "So we will have a few institutions is not taken lightly. grams to block constitutionally pro- minutes of silence." "I believe in discipline," said Je- tected speech. rome Smith,46,a high school football "I would like to see a precedent set coach who is one of the eight plain- so that library boards and others tiffs in the lawsuit against the library who are considering filtering will be board. "I believe in setting parame- able to see the big picture," said ters.But I have a daughter who is an Steven Herb,chairman of the associ- honors student,and I also believe she ation's Intellectual Freedom Com- should be able to get access to any- mittee. thing she needs in the library." That precedent may well be set in But the library board, which ap- Loudoun County,where library users proved the policy on a vote of,5 to 4, logged more than 1,000 hours on the clearly has its supporters. Richard Internet in the first two months that H. Black, the board member who it was available, library statistics wrote the policy, won a seat in the show. Ili: Virginia House of Delegates in a spe- None of those hours were logged 11 cial election earlier this month after by Henry Taylor,a professor of cre- a campaign that made the policy a ative writing at American Universi- THE TEAPOT. THE SILVERWARE. Investment Banking Visions .,?E* EVEN THE SERVICE. Are Fadingfor German Giant EVERYTHING ABOUT US IS POLISHED By PETER TRUELL Yesterday. TO PERFECTION. Mr. McClelland's expected depar- _ ture from Deutsche Bank's North From our afternoon teas to our luxurious Deutsche Bank A.G., which an- American investment bank comes rooms to our impeccable service,you'll nounced the ambition to build a top-. soon after the company unsettled find that everything at The Brown Palace tier Wall Street franchise two years several recent, expensive hires on measures up to the highest standards ago,is quietly pulling in its horns as Wall Street by telling them that their of excellence.We've fully restored this aggressive expansion has bogged annual bonuses for 1997 would be of ex old landmark with its rand lobi down in rising costs and as it focuses largely paid in Deutsche Bank stock, century-old 9 y more of its efforts in Europe. according to people at the bank who holding three world-class restaurants. In one example of the chaAging spoke on condition that they not be Indeed,with 900 fine wines on hand as strategy, Carter McClelland, 92, a identified. well some of the rarest cigars in America, former top executive from Morgan On Jan. 28, Deutsche Bank, in a even a fitness center,The Brown is one of Stanley, who joined the big German major reorganization that is expect-. the finest hotels in the world. bank in 1995 to help lead its invest- ed to cut 9,000 jobs, said it would ment banking push, is expected to integrate its investment banking and, negotiate his departure from the corporate banking businesses, ab- firm this week, colleagues said over sorbing Deutsche Morgan Grenfell, BRTHE OWN the weekend. its investment banking arm,into the PALACE Deutsche Bank is pulling back main bank. It also said then that its' hEll e more management control of its worldwide corporate and institution- worldwide investment banking busi- al businesses would now answer to