Friends of the Library of Monterey Park v. City of Monterey Park

• Decision Date: 07 June 1989
• Docket Number: No. B,B
• Citation: 211 Cal.App.3d 358,259 Cal.Rptr. 358
• Court: California Court of Appeals Court of Appeals
• Parties: FRIENDS OF the LIBRARY OF MONTEREY PARK, et al., Respondents, v. CITY OF MONTEREY PARK, et al., Appellants. 034948.

Page 358

259 Cal.Rptr. 358

211 Cal.App.3d 358

FRIENDS OF the LIBRARY OF MONTEREY PARK, et al., Respondents, v. CITY OF MONTEREY PARK, et al., Appellants.

No. B 034948.

Court of Appeal, Second District, Division 2, California.

June 7, 1989.

Brown, Winfield & Canzoneri, Inc., and Thomas D. Green, Los Angeles, for appellants.

Asian Pacific American Legal Center, Stewart Kwoh, J. Craig Fong, O'Melveny & Myers, John F. Daum, Bruce G. Iwasaki, Peter B. Ackerman, Los Angeles, for respondents.

Joseph R. Symkowick, Gen. Counsel, Taylor S. Carey, Staff Counsel, Dept. of Educ., Sacramento, State of Cal., Jan Greenberg, Mary D. Nichols, Los Angeles, as amici curiae on behalf of respondents.

FUKUTO, Associate Justice.

Introduction

For nearly 60 years, the City of Monterey Park operated its public library, the Bruggemeyer Memorial Library of Monterey Park, in compliance with the Municipal Libraries Act (Educ.Code, § 18900 et seq.). By city ordinance enacted on October 12, 1987, the city ceased to do so. Respondents, a non-profit corporation, and three incumbent members of the board of library trustees whose offices were eliminated by the ordinance, filed a petition for writ of mandate in the Los Angeles County Superior Court, challenging the legality of the Monterey Park City Council's action. On May 17, 1988, the superior court granted the petition, and ordered the City of Monterey Park to rescind the challenged ordinance and resume operation of the library in compliance with the Municipal Libraries Act. The superior court further ordered reinstatement of the incumbent members of the board of library trustees. This appeal by the City of Monterey Park followed.

The Facts

The facts are essentially undisputed. By ordinance enacted February 21, 1929 (City of Monterey Park Ord. No. 210), the City of Monterey Park established a municipal public library (hereinafter, the Bruggemeyer Library). The library was created "under and pursuant to the provisions of that certain Act of the Legislature of the State of California entitled 'An act to provide for the establishment and maintenance of public libraries within municipalities', dated March 23, 1901 and all Acts amendatory and supplementary thereto [hereinafter collectively referred to as the Municipal Libraries Act]...." In compliance with the Municipal Libraries Act, the ordinance provided for management of the library by a board of library trustees consisting of five members, to be appointed by the mayor with the consent of the city council; trustees were to hold office for three-year terms. As required by statute, the library trustees were generally empowered to: make and enforce all rules and regulations necessary for the administration and protection of the library; administer any trust created for the library, and receive and dispose of for the benefit of the library any gift, devise or bequest; prescribe the duties and powers of, and fix the compensation of the librarian and other officers and employees of the library; purchase the necessary books, journals, publications and other personal property; and acquire, furnish and equip a library building as necessary for its effective operation. (See, Stats.1901 ch. 170, § 5, pp. 558-559; see also Educ.Code, § 18900 et seq.) ¹

The 1901 Municipal Libraries Act contained a provision which mandated that the legislative body of any municipality establishing a public library in accordance with the Act, "shall ... if the maintenance of the library has not been otherwise provided for, levy a tax for the purpose of maintaining such library and purchasing property necessary therefor, which tax shall be in addition to other taxes, the levy of which is permitted in the municipality...." (Stats. 1901 (1901 Ex.Sess.) ch. 170, § 7, p. 559.) From its inception in 1929, through fiscal year 1977-1978, the Bruggemeyer Library was funded by such a tax. Since that time, the library has been primarily supported from the city's general funds.

On October 12, 1987, the Monterey Park City Council adopted an ordinance disbanding the incumbent board of library trustees and transferring control of the library to the Monterey Park City Council. (City of Monterey Park Ord. No. 1726.) The ordinance established a five-member library commission to act in an advisory capacity to the city council in all matters pertaining to the library.

Monterey Park is, and at all times relevant to this appeal, has been, a municipal corporation organized under the general laws. (Gov.Code, § 34102.)

At the hearing of respondents' petition for writ of mandate, the superior court made the following findings: (1) that the Municipal Libraries Act (Educ.Code, § 18900 et seq.) governs the establishment and management of public libraries in California general law cities; (2) that Education Code section 18910 requires that the Bruggemeyer Library be managed by a board of library trustees; (3) that Monterey Park Ordinance No. 1726 is in conflict with the Municipal Libraries Act; and (4) that Government Code section 39732 does not provide general law cities with separate, independent authority to establish and manage public libraries outside the rubric of the Municipal Libraries Act. The trial court issued a writ of mandate ordering appellants to rescind the challenged ordinance and reinstate the incumbent board of library trustees. The trial court further directed that the terms of incumbent board members be extended by seven months to compensate for the seven-month period during which such terms were interrupted by adoption of Ordinance No. 1726.

The Issues

Government Code section 39732 provides that the legislative body of a city may "(a) Acquire, own, construct, maintain, and operate bus lines, street railways, steam railway spur tracks, telephone and telegraph lines, gas and other works for light, power, and heat, public libraries, museums, gymnasiums, parks and baths." We are asked to decide whether this section furnishes independent statutory authority, apart from the Municipal Libraries Act, for the establishment and operation of public libraries by general law cities (Gov.Code, § 34102). If such authority is conferred, then the trial court erred in issuing its writ of mandate, compelling appellants to resume operation of the Bruggemeyer Library in compliance with those provisions of the Education Code known as the Municipal Libraries Act.

We are also asked to determine whether the trial court abused its discretion and violated the provisions of the Municipal Libraries Act by extending the terms of incumbent trustees for a period equal to the amount of time such trustees were deprived of their offices by appellants' actions.

Discussion

The two statutory schemes under discussion are found in two entirely different codes, and neither makes reference to the provisions of the other. As Government Code section 39732 is arguably susceptible of the construction advanced by appellants, we examine the historical and legislative background of each statutory scheme to divine the Legislature's intent regarding the governance of municipal libraries. (California Mfrs. Assn. v. Public Utilities Com. (1979) 24 Cal.3d 836, 844, 157 Cal.Rptr. 676, 598 P.2d 836.)

The Municipal Libraries Act

The first general public library legislation in California was the 1878 "Act to establish and maintain free public libraries and reading-rooms." (Stats. 1878, ch. 266, §§ 1-8, pp. 329-331.) Enacted at a time corresponding to the growth of compulsory education as an important political issue (Steig, Notes on the Origins of Public Libraries in California, 1850-1900 (1951) 21 Library Quarterly, p. 265), the law authorized the City and County of San Francisco, and "the municipal authorities of the several incorporated cities and towns of this State" to levy and collect an annual tax for the purpose of establishing free public libraries and reading rooms. (Stats. 1878, ch. 266, § 1, p. 329.) Like its successor statutes, the 1878 act provided, inter alia, for the appointment of trustees by the municipal authorities to "make, such rules and regulations, and by-laws, as may be necessary for the government and protection of such libraries and reading rooms, and all property belonging thereto, or that may be loaned, devised, bequeathed, or donated to the same." (Stats. 1878, ch. 266, § 2, p. 329.)

The 1878 act was repealed and substantially reenacted in the 1880 "Act to establish free public libraries and reading rooms." (Stats. 1880, ch. 126, §§ 1-15, pp. 231-233.) The 1880 act retained provisions authorizing the levy of a special tax for the purpose of establishing and maintaining public libraries, and providing for management of such libraries by trustees. Trustees were either appointed or elected, however, depending upon whether the population of the city was more or less than 100,000.

The 1901 Municipal Libraries Act, under which the Bruggemeyer Library was created, also included provisions authorizing the levy of a special tax for the purpose of maintaining municipal libraries. (Stats.1901, ch. 170, § 7, p. 559.) In other respects, the 1901 act differed substantially from its predecessors. Among the most notable differences, the 1901 act provided that the governing body of any incorporated city or town "may, and upon being requested to do so by one fourth of the electors of such municipal corporation ... must, by ordinance, establish in and for said municipality a public library; provided there be none already established therein." (Stats.1901, ch. 170, § 1, p. 557; emphasis added.) Like the current Municipal Libraries Act, the 1901 act contained provisions mandating governance of the library by a board of library trustees whose members held office for three-year terms. (Stats.1901, ch. 170, §§ 3-6, pp. 558-559.) Trustees were appointed by the "mayor, president of the board of trustees or other executive head of the municipality, with the consent of the legislative body of said...