HomeMy WebLinkAboutMINUTES - 02281995 - 1.62 TO: BOARD OF SUPERVISORS s
Phil Batchelor, County Administrator ` ContraC
FROM: Costa
� ..�r �� ,
February 21, 1995 *moa County
DATE: rT {y
N
SUBJECT: LEGISLATION: AB 309 (Alpert, et al) — BOND MEASURE FOR LIBRARY
CONSTRUCTION AND RENOVATION
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in SUPPORT of AB 309 by Assemblywoman Deirdre
Alpert and nine Assembly co-authors plus six Senate co-authors,
which would place on the General Election ballot on November 12,
1996 for voter consideration a $500 million bond measure for
library construction and renovation.
BACKGROUND:
The Board has previously expressed strong support for the County
Library system and for bond measures to assist in the funding of
library construction and renovations. Assembly Members Alpert,
Valerie Brown, Cortese, Escutia, Kuehl, Lee, Martinez, Mazzoni,
Willard Murray and Villaraigosa and Senators Kelley, Lockyer,
Marks, O'Connell, Solis and Watson have jointly authored AB 309
which would place a $500 million library construction and
renovation bond measure on the ballot November 12, 1996 .
AB 309 is essentially identical to SB 134 which your Board agreed
to support on February 7 , 1995 except that SB 134 was for $350
million, whereas AB 309 is for $500 million. AB 309 provides that
funds will be awarded in response to competitive applications in
amounts of at least $100,000. The bill requires a match equal to
35% of the total cost of the project, with the other 65% coming
from the bonds sold as a result of the bill. Donated land for a
library and funds expended for eligible purposes within five years
of the date of the application can be credited toward the match
requirement.
CONTINUED ON ATTACHMENT: YES SIGNATURE:A�J,6�6
AL RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON February 28 , 1.9 95 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON TH DATE SHOWN.
ATTESTED a ��
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
CALIFORNIA LEGISLATURE-1995-96 REGULAR SESSION
ASSEMBLY BILL No. 309
l" Introduced by Assembly Members Alpert, Valerie Brown,
Cortese, Escutia, Kuehl, Lee, Martinez, Mazzoni, Willard
Murray, and Villaraigosa
(Coauthors:'Senators Kelley, Lockyer, Marks, O'Connell, .
Solis, and Watson)
February,8, 1995
An act to,add Chapter 12 (commencing with Section 19985)
to Part 11 of the. Education Code, relating to financing a
library construction and renovation program by providing the
funds necessary therefor through the issuance and sale of
bonds of the State of California and by providing for the
handling and disposition of those funds.
LEGISLATIVE COUNSEL'S DIGEST
AB 309, as introduced, Alpert. Public Library Learning
and Literacy Expansion Act of 1996.
Existing law , provides, under . the California Library
Construction and Renovation Bond Act of 1988, for the
issuance of.$75,000,000 in state general obligation bonds to
provide funds for grants to any city, county, city and county,
or district for the acquisition, construction, remodeling, or
rehabilitation of facilities for public library services.
This bill would enact the Public Library Learning and
Literacy Expansion Act of 1996 which, if adopted, would
authorize the issuance, pursuant to the State General
Obligation Bond Law, of bonds in the amount of$500,000,000,
exclusive of refunding bonds, as specified, for the purpose of
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- 3 — AB 309
1 Article 2. Program Provisions
2
3 19987. The proceeds of bonds issued and sold
4 pursuant to this chapter shall be deposited in the fund.
5 19988. All moneys deposited in the fund shall be
6 available for grants to any city, county, city and county,
7 or district that is authorized at the time of the project
8 application to own and maintain a public library facility
j 9 for the purposes authorized by Section 19989.
10 19989. The grant funds authorized pursuant to
11 Section 19988, and the matching funds provided pursuant
12 to Section 19994, shall be used by the recipient.for any of
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13 : the following purposes:
14 .(a) Acquisition or construction of 'new facilities or
15 additions to existing public library facilities.
16 (b) Acquisition , of -land necessary for purposes of
17 subdivision (a) .
18 . (c) Remodeling or rehabilitation of existing public
19 library facilities, or of other facilities for the purpose of
20 their conversion to public library facilities.
21 (d) Procurement or installation,or both, of furnishings
22 and equipment required to make a facility fully operable,
i 23 if the procurement or installation is part of a construction
24 or remodeling project funded pursuant to this section.
<..._� 25 (e) Payment of fees charged by architects, engineers,
26 and other professionals, whose services are required to
27 plan or execute a project authorized pursuant to this
28 chapter.
29. (f) Appropriate works of art to enhance a public
30 library facility, for which purpose. an amount not to
31 exceed 1 percent of the cost of construction of the project
32 may be expended.
33 19989.5. (a) An . applicant for a grant for the
34 acquisition, construction, remodeling, or rehabilitation of
35. public library facilities under this chapter on land not
36 currently possessed by that applicant, for a project that
37 does not include an application for a grant to acquire that
38 land pursuant to subdivision (b) of Section 19989, shall be
39 deemed to have complied with any administrative
40 condition adopted pursuant to this chapter that the
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99 99
- 5 — AB 309
!
1 to Part 3 (commencing with Section 20100) of Division 2
2 of the Public Contract Code.
3 19992. This chapter shall be administered by the State
j 4 Librarian. The State Librarian shall adopt rules,
5regulations, and policies for the implementation of this
6 chapter.
7 19993. A city,,county, city and county,.or district may
0) 0 8 apply to the State Librarian for a grant pursuant to this
9 chapter, as follows:
10 a Ea;.ch application shall be for a roject having
! 11 purposeauthorized. by Section 19989.
12 b: Thea hcant shall request not less ;than one
( ) PP q one.
13 hundred.thousand.dollars ($100,000) per project..
14 (c) No application shall be. submitted.for project for
15' which,construction bids already.have;been advertised. .
16 19994: (a) Each grant recipient: .shall provide
17 matching funds from any available source in an amount
i
18 equal to. 35 percent . of the costs 'of the. project The
19 remaining 65 percent of.the costs of the project shall be
20.' .provided through allocations.from=the fund.
21 (b) Qualifying matching funds shall be cash
22 .:.expenditures-in the :categories specified in Section 19989
r 23 and made not earlier than Ave �years prior to the.
24 submission of the application.: to the ,State Librarian.
25 Except.as otherwise provided.in:subdivision.:(c), in-kind
0
26 expenditures shall not qualify. as matching funds.
27 (c) Land donated or otherwise. acquired for use as a
*28 site for the facility; including;.but not_limited to, land
29 purchased more than five ears prior to the submission of
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30 the application to the State Librarian, may be credited
31 towards the 35ercent matching funds.requirement at its
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32 appraised value as of the-date.of.=the. application.
! 33 (d) Architect fees for plans and drawings for library
34 renovation and new, construction,. including .plans and
35 drawings purchased more than. five years. prior to the
! 36 submission of the application to.the-State Librarian, may
37 be credited towards the 35 percent matching funds
38 requirement.
i
99
99
— 7 — AB 309
1 chapter, as described in subdivision (a) , may be
. 2 transferred by the State Librarian from the land or
3 facility, or both, for which that funding was granted to a
4 replacement site and facility acquired or constructed for
5 the purpose of providing public library direct service.
6 (c) If the facility, or any part thereof, acquired,
7 constructed, remodeled, or rehabilitated with grants
j 8 received pursuant to this chapter ceases to be used for
' public library direct service prior,to the expiration of the
10 period. specified in subdivision (a) the board shall be
11 entitled to recover, from the grant recipient or the
12, recipient's successor in the maintenance of the facility, an
13 amount that bears the same ratio to the value of the
14 facility, or the appropriate part thereof, at the time it
i 15 ceased to be.used for public library direct service as the
16 amount of the,grant bore to the cost of the.facility or the
17 appropriate part thereof. For purposes of this subdivision,
18 the value of the facility, or the appropriate part thereof,
19 : shall be determined by the mutual agreement of the
20 board and the grant recipient or its successor, or through
21 an action brought for that purpose in the superior court.
22 (d) The board may release the grant recipient or the
23 recipient's successor in the maintenance of the facility
24 from its obligation under subdivision (a), and waive the
25 requirements of subdivision (c), if the board determines
26 that so doing would not diminish the quality of public
27 library service in the community served by the facility.
28 (e) Notwithstanding subdivision (f) of Section 16724 ' ..
29 of the Government Code, any money recovered pursuant
30' to subdivision (c) shall be deposited in the fund, and shall
31 be available for the purpose of awarding grants for other
32 projects.
33
34 Article 3. Fiscal Provisions
35
36 20000. Bonds in the total amount .of five hundred
37 million dollars ($500,000;000) , exclusive of refunding
38 bonds, or so much thereof as is necessary, may be issued
39 and sold to provide funds to be used in accordance with,
40 and for carrying out the purposes expressed in, this
99' 99
.__.i — 9 — AB 309
1 chapter and are hereby incorporated in this chapter as
2 though set forth in full in this chapter.
3 20002. (a) For purposes of this chapter, the
4 California.Library Construction and Renovation Finance
5 Committee created pursuant to Section 19972 is the .
i 6 "committee" as that term is used in the State General
7 Obligation Bond Law.
8 (b) .For purposes of the State General Obligation Bond
9 Law, the California Library Construction and Renovation
10 Board is designated the "board.''
11 20003. , The committee. shall determine whether or
12 not.it is necessary. or desirable to.-issue bonds-authorized
13 : pursuant to this chapter in order to carry out the actions
14 specified :in this. chapter; including all acts amendatory:
15thereof and supplementary,thereto:and;if so,.the amount
16 of bonds to be issued and sold. Successive issues of bonds
17 may be authorized and sold to .carry out those .actions
18 progressively, and it is.not.necessary that all of.the bonds
19 authorized to be issued be sold:at any one time.
20 20004.. There shall.be collected. each year and in the
0 a._Ak 21 same manner and at the same time as other state revenue:
22 is collected,. in addition to the.ordinary revenues of the
23 state, a sum in an amount required to:pay the principal
24 of, and interest on, the bonds each year. It is the duty of
25 all officers charged by law with any duty in regard to the
[''P 26 collection of the revenue to do and perform each and
j 27 every act that is necessary.to collect that additional sum.
28 20005. 1 Notwithstanding Section, 13340 of the
29 Government Code, there is hereby appropriated from
30 the.General Fund.in the.State Treasury, for the.purposes !
31 of this chapter, an amount that will equal the total of the j
32 following: j
33 (a) The sum annually necessary to pay the principal of,
34 and interest on, bonds issued and sold. pursuant to this
<. 35 chapter, as the principal and interest.become due and j
36 payable.
37 (b) The sum that is necessary to carry out the
38 provisions of Section 20006, appropriated without regard
39 to fiscal years.
.it.
99 'i 99
- 11 -- AB 309
1
�® 1 20010. The Legislature hereby finds and declares that,
2 inasmuch as the proceeds from the sale of bonds
3 authorized by this chapter are not "proceeds of taxes" as
4 that term is used in Article XIII B of the California
5 Constitution, the disbursement of these proceeds is not
6 subject to the limitations imposed by that article.
7 20011. Not more than 3 percent of the amounts
'tip 8: deposited in the fund pursuant to this chapter may be
9 appropriated in the annual Budget Act to the State
.10. ,Librarian to use for the actual amount of office,
11 personnel, and other customary and usual expenses
12 incurred in.the direct administration of grant projects
13 pursuant to, this chapter, including, but not limited to,
14 expenses incurred by the State Librarian in providing
15 technical assistance to an:applicant for a grant under this
16 chapter.
j 17 SEC. 2.. Section 1.of this act shall take effect upon the
18 : adoption by the voters of the Public Library Learning and
19 Literacy Expansion Act of 1996; as set forth in, Section 1
20 of this act.
21 SEC. 3. : Section 1 of this act shall be submitted to the
22 voters at the November 12, 1996, general election in
23 accordance with provisions of the Elections Code and the
24 Government Code governing submission of statewide
25 measures to the voters.
26 SEC. 4. Notwithstanding any other provision of law,
27 all ballots of the election shall have printed.thereon and
28 in a square thereof, the words: "Public Library Learning
29 and Literacy Expansion. Act of 1996," and in the same
30 square under those words, the following in 8-point type:
31 This act provides for a bond issue of five hundred million
32 . dollars ($500,000,000) to provide funds for a library
.33 construction and renovation program." Opposite the
34 square, there shall be left spaces in which the voters may
35 lace a cross in the manner required b. p q Y law to indicate
36 whether they vote for or against the act.
f 37 Where the voting in the election is done by means of
38 voting machines used pursuant to law in the manner that
39 carries out the intent of this section, the use of the voting
i
99 99