HomeMy WebLinkAboutMINUTES - 12151998 - C58 '....-............................................................. ......... ............................................................................
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TO: BOARD OF SUPERVISORS
Contra
Costa
FROM:
PHIL BATCHELOR, COUNTY ADMINISTRATOR
7 County
DATE: December 10, 1998
SU13JECT: LEGISLATION: SB 3 (RAINEY) - LIBRARY BONDS
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in support of SB 3 by Senator Rainey, which would place a $1
billion library construction and renovation bond measure on the November 7, 2000
ballot.
BACKGROUND:
The Board of Supervisors has included in its 1999 Legislative Program support for
a library construction bond measure. Senator Rainey has introduced legislation to
place such a bond measure on the ballot in November 2000.
The bond measure would require a 35% match locally from any source. The
remaining 65% of the project, up to $20 million per project, would come from the
proceeds of the bond measure. The minimum application permitted would be for
$100,000.
Funds could not be used to purchase books or other library materials, administrative
costs of the project or ongoing operating expenses. Funds could be used for
acquisition or construction of new facilities or additions to existing facilities,
acquisition of land, remodeling or rehabilitation of existing facilities, procurement of
furnishings and equipment, and architectural and engineering fees.
CONTINUED ON ATTACHMENT: _'X_YES SIGNATURE:
+RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE
APPROVE -OTHER
S,GNATU,,,,,..
ACTION Of BOARD ON bacei b 15, 1998 -APPROVED AS RECOMMENDED @;F IS
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
ASSENT: ABSTAIN: OF SUPERVISORS-0N THE DATE SHOWN.
ATTESTED
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
CC. See Page 2 SU ERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
e5- le
In view of the fact that SB 3 appears to be consistent with the Board's adopted
Legislative Program, it is recommended that the Board indicate its support of SB 3.
cc: County Administrator
County Librarian
Senator Richard Rainey
Room 4090 State Capitol
Sacramento, CA 95894
Les Spahnn
Heim, Noack, Kelly & Spahnn
1129 L Street, Suite 100
Sacramento, CA 95814
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SENATE BILL No. 3
Introduced by Senators Rainey, Burton, and Alpert
(Principal coauthor: Senator McPherson)
December 7, 1998
An act to add Chapter 12 (commencing with Section 19985)
to Part 11 of the Education Code, relating to financing a public
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
SB 3, as introduced, Rainey. California Library
Construction and Renovation Bond Act.
Existing law establishes the California Library Construction
and Renovation Bond Act of 1988, which authorized the
issuance pursuant to the State General Bond Law of bonds in
the amount of $75,000,000 for the purpose of financing a
special library construction and renovation program.
This bill would enact the California Library Construction
and Renovation Bond Act of 2000, which would authorize the
issuance pursuant to the State General Bond Law of bonds in
the amount of $1,000,000,000 for the purpose of financing a
library construction and renovation program administered by
the State Librarian.
The bill would provide for submission of the bond act to the
voters at the statewide general election on November 7, 2000,
and would become operative upon adoption by the voters at
that election.
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SB 3 —2—
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program.: no.
The people of the State of California do enact as follows:
1 SECTION 1. Chapter 12 (commencing with Section
2 19985) is added to Part 11 of the Education Code, to read:
3
4 CHAPTER 12. Chapter 12 (commencing with Section
5 19985) is added to Part 11 of the Education Code, to
6 read:
7
8 CHAPTER 12. CALIFORNIA LIBRARY CONSTRUCTION AND
9 RENOVATION BOND ACT OF 2000
10
11 Article 1. General Provisions
12
13 19985. This chapter shall be known and may be cited
14 as the California Library Construction and Renovation
15 Bond Act of 2000.
16 19986. As used in this chapter, the following terms
17 have the following meanings:
18 (a) "Committee" means the California Library
19 Construction and Renovation Finance Committee
20 established pursuant to Section 19972.
21 (b) "Fund" means the California Library
22 Construction and Renovation Fund established pursuant
23 to Section 19955.
24 (c) "Board" means the California Library
25 Construction and Renovation Board established pursuant
26 to Section 19952.
27
28 Article 2. Program Provisions
29
30 19987. The proceeds of bonds issued and sold
31 pursuant to this chapter shall be deposited in the fund.
32 19988. All moneys deposited in the fund shall be
33 available for grants to any city, county, city and county,
34 or district that is authorized at the time of the project
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1 application to own and maintain a public library facility
2 for the purposes set forth in Section 19989.
3 19989. The grant funds authorized pursuant to
4 Section 19988, and the matching funds provided pursuant
5 to Section 19995, shall be used by the recipient for any of
6 the following purposes:
7 (a) Acquisition or construction of new facilities or
8 additions to existing public library facilities.
9 (b) Acquisition of land necessary for the purposes of
10 subdivision (a).
11 (c) Remodeling or rehabilitation of existing public
12 library facilities or of other facilities for the purpose of
13 their conversion to public library facilities.
14 (d) Procurement or installation, or both, of furnishings
15 and equipment required to make a facility fully operable,
16 if the procurement or installation is part of a construction
17 or remodeling project funded pursuant to this section.
18 (e) Payment of fees charged by architects, engineers,
19 and other professionals, whose services are required to
20 plan or execute a project authorized pursuant to this
21 chapter.
22 19990. An applicant for a grant for the acquisition,
23 construction, remodeling, or rehabilitation of public
24 library facilities under this chapter on land not currently
25 possessed by that applicant, for a project that does not
26 include an application for a grant to acquire that land
27 pursuant to subdivision (b) of Section 19989, shall be
28 deemed to comply with any administrative condition
29 adopted pursuant to this chapter that the applicant own
30 the land if the application is accompanied by a copy of a
31 court order issued in an eminent domain action pursuant
32 to Section 1255.410 of the Code of Civil Procedure that
33 entitles the applicant to possession of the land.
34 19991. Any grant funds authorized pursuant to
35 Section 19988, or matching funds provided pursuant to
36 Section 19995, may not be used by a recipient for any of
37 the following purposes:
38 (a) Books and other library materials.
39 (b) Administrative costs of the project, including, but
40 not limited to, the costs of any of the following:
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SB 3 —4-
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1 (1) Preparation of the grant application.
2 (2) Procurement of matching funds.
3 (3) Conduct of an election for obtaining voter
4 approval of the project.
5 (c) Interest or other carrying charges for financing the
6 project, including, but not limited to, costs of loans or
7 lease-purchase agreements in excess of the direct costs of
8 any of the authorized purposes specified in Section 19989.
9 (d) Any ongoing operating expenses for the facility, its
10 personnel, supplies, or any other library operations.
11 19992. All construction contracts for projects funded
12 in part through grants awarded pursuant to this chapter
13 shall be awarded through competitive bidding pursuant
14 to Part 3 (commencing with Section 20100) of Division 2
15 of the Public Contract Code.
16 19993. This chapter shall be administered by the State
17 Librarian. The State Librarian shall adopt rules,
18 regulations, and policies for the implementation of this
19 chapter.
20 19994. A city, county, city and county, or district may
21 apply to the State Librarian for a grant pursuant to this
22 chapter,as follows:
23 (a) Each application shall be for a project for a purpose
24 authorized by Section 19989.
25 (b) The applicant shall request not less than one
26 hundred thousand dollars ($100,000)per project.
27 (c) An application may not be submitted for a project
28 for which construction bids already have been advertised.
29 19995. (a) Each grant recipient shall provide
30 matching funds from any available source in an amount
31 equal to 35 percent of the costs of the project. The
32 remaining 65 percent of the costs of the project, up to a
33 maximum of twenty million dollars ($20,000,000) per
34 project, shall be provided through allocations from the
35 fund.
36 (b) Qualifying matching funds shall be cash
37 expenditures in the categories specified in Section 19989
38 which are made not earlier than three years prior to the
39 submission of the application to the State Librarian.
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1 Except as otherwise provided in subdivision (c), in-kind
2 expenditures do not qualify as matching funds.
3 (c) Land donated or otherwise acquired for use as a
4 site for the facility, including, but not limited to, land
5 purchased more than three years prior to the submission
6 of the application to the State Librarian, may be credited
7 towards the 35 percent matching funds requirement at its
8 appraised value as of the date of the application.
9 (d) Architect fees for plans and drawings for library
10 renovation and new construction, including, but not
11 limited to, plans and drawings purchased more than three
12 years prior to the submission of the application to the
13 State Librarian, may be credited towards the 35 percent
14 matching funds requirement.
15 19996. (a) The estimated costs of a project for which
16 an application is submitted shall be consistent with
17 normal public construction costs in the applicant's area.
18 (b) An applicant wishing to construct a project having
19 costs that exceed normal public construction costs in the
20 area may apply for a grant in an amount not to exceed 65
21 percent of the normal costs up to a maximum of twenty
22 million dollars ($20,000,000) per project if the applicant
23 certifies that it is capable of financing the remainder of
24 the project costs from other sources.
25 19997. Once an application has been approved by the
26 board and included in the State Librarian's request to the
27 committee, the amount of the funding to be provided to
28 the applicant may not be increased. Any actual changes
29 in project costs are the full responsibility of the applicant.
30 If the amount of funding that is provided is greater than
31 the cost of the project, the applicant shall return that
32 portion of the funding that exceeds the cost of the project
33 to the fund. If an applicant has been awarded funding by
34 the board, but chooses not to proceed with the project,
35 the applicant shall return all of the funding to the fund.
36 19998. (a) In reviewing applications, the board shall
37 consider all of the following factors:
38 (1) Needs of urban and rural areas.
39 (2) Population growth.
40 (3) Age and condition of the existing library facility.
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SB 3 —6-
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1 (4) The degree to which the existing library facility is
2 inadequate in meeting the needs of the residents in the
3 library service area and the degree to which the proposed
4 project responds to the needs of those residents.
5 (5) The degree to which the library's plan of service
6 integrates appropriate electronic technologies into the
7 proposed project.
8 (6) The degree to which the proposed site is
9 appropriate for the proposed project and its intended use.
10 (b) If, after an application has been submitted,
11 material changes occur that would alter the evaluation of
12 an application, the State Librarian may accept an
13 additional written statement from the applicant for
14 consideration by the board.
15 19999. (a) A facility, or the part thereof, acquired,
16 constructed, or remodeled, or rehabilitated with grants
17 received pursuant to this chapter shall be dedicated to
18 public library direct service use for a period of not less
19 than 20 years following completion of the project.
20 (b) The interest of the state in land or a facility, or
21 both, pursuant to the funding of a project under this
22 chapter, as described in subdivision (a), may be
23 transferred by the State Librarian from the land or
24 facility, or both, for which that funding was granted to a
25 replacement site and facility acquired or constructed for
26 the purpose of providing public library direct service.
27 (c) If the facility, or any part thereof, acquired,
28 constructed, remodeled, or habilitated with grants
29 received pursuant to this chapter ceases to be used for
30 public library direct service prior to the expiration of the
31 period specified in subdivision (a), the board is entitled
32 to recover, from the grant recipient or the recipient's
33 successor in the maintenance of the facility, an amount
34 that bears the same ratio to the value of the facility, or the
35 appropriate part thereof, at the time it ceased to be used
36 for public library direct service as the amount of the grant
37 bore to the cost of the facility or the appropriate part
38 thereof. For purposes of this subdivision, the value of the
39 facility, or the appropriate part thereof, is determined by
40 the mutual agreement of the board and the grant
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1 recipient or successor, or through an action brought for
2 that purpose in the superior court.
3 (d) The board may release the grant recipient or the
4 successor of the recipient in the maintenance of the
5 facility from its obligation under subdivision (a), and
6 waive the requirements of subdivision (c), if the board
7 determines that so doing would not diminish the quality
8 of public library direct service in the community served
9 by the facility.
10 (e) Notwithstanding subdivision (f) of Section 16724
11 of the Government Code, any money recovered pursuant
12 to subdivision (c) shall be deposited in the fund, and shall
13 be available for the purpose of awarding grants for other
14 projects.
15
16 Article 3. Fiscal Provisions
17
18 20000. Bonds in the amount of one billion dollars
19 ($1,000,000,000), exclusive of refunding bonds, or so much
20 thereof as is necessary, may be issued and sold to provide
21 a fund to be used in accordance with, and for carrying out
22 the purposes expressed in, this chapter, including all acts
23 amendatory thereof and supplementary thereto, and to
24 be used to reimburse the General Obligation Bond
25 Expense Revolving Fund pursuant to Section 16724.5 of
26 the Government Code. The bonds, when sold, shall be
27 and constitute a valid and binding obligation of the State
28 of California, and the full faith and credit of the State of
29 California is hereby pledged for the punctual payment of
30 both principal of and interest on bonds as the principal
31 and interest become due and payable.
32 20001. The bonds authorized by this chapter shall be
33 prepared, executed, issued, sold, paid, and redeemed as
34 provided in the State General Obligation Bond Law
35 (Chapter 4 (commencing with Section 16720) of Part 3 of
36 Division 4 of Title 2 of the Government Code), and all of
37 the provisions of that law apply to the bonds and to this
38 chapter and are hereby incorporated in this chapter as
39 though set forth in full in this chapter.
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SB 3 —8-
1 20002. (a) For purposes of this chapter, the
2 California Library Construction and Renovation Finance
3 Committee established pursuant to Section 19972 is the
4 "committee" as that term is used in the State General
5 Obligation Bond Law.
6 (b) For purposes of the State General Obligation Bond
7 Law, the California Library Construction and Renovation
8 Board established pursuant to Section 19952 is designated
9 the "board."
10 20003. The committee shall determine whether or
11 not it is necessary or desirable to issue bonds authorized
12 pursuant to this chapter in order to carry out the actions
13 specified in this chapter, including all acts amendatory
14 thereof and supplementary thereto, and, if so, the amount
15 of bonds to be issued and sold. Successive issues of bonds
16 may be authorized and sold to carry out those actions
17 progressively, and it is not necessary that all of the bonds
18 authorized to be issued be sold at any one time.
19 20004. There shall be collected each year and in the
20 same manner and at the same time as other state revenue
21 is collected, in addition to the ordinary revenues of the
22 state, a sum in an amount required to pay the principal
23 of and interest on the bonds each year. It is the duty of all
24 officers charged by law with any duty in regard to the
25 collection of the revenue to do and perform each and
26 every act that is necessary to collect that additional sum.
27 20005. Notwithstanding section 13340 of the
28 Government Code, there is hereby appropriated from
29 the General Fund in the State Treasury, for the purposes
30 of this chapter, the amount annually necessary to pay the
31 principal of and interest on bonds issued and sold
32 pursuant to this chapter, as the principal and interest
33 become due and payable.
34 20006. For the purposes of carrying out this chapter,
35 the Director of Finance may authorize the withdrawal
36 from the General Fund of an amount or amounts not to
37 exceed the amount of the unsold bonds that have been
38 authorized to be sold for the purpose of carrying out this
39 chapter. Any amounts withdrawn shall be deposited in
40 the fund. Any money made available under this section
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1 shall be returned to the General Fund, with interest at the
2 rate earned by the money in the Pooled Money
3 Investment Account during the time the money was
4 withdrawn from the General Fund pursuant to this
5 section, from money received from the sale of bonds for
b the purpose of carrying out this chapter.
7 20007. The board may request the Pooled Money
8 Investment Board to make a loan from the Pooled Money
9 Investment Account, in accordance with Section 16312 of
10 the Government Code, for the purposes of carrying out
11 this chapter. The amount of the request shall not exceed
12 the amount of the unsold bonds that the committee has,
13 by resolution, authorized to be sold for the purpose of
14 carrying out this chapter. The board shall execute any
15 documents required by the Pooled Money Investment
16 Board to obtain and repay the loan. Any amounts loaned
17 shall be deposited in the fund to be allocated by the board
18 in accordance with this chapter.
19 20008. Any bonds issued and sold pursuant to this
20 chapter may be refunded by the issuance of refunding
21 bands in accordance with Article 6 (commencing with
22 Section 16780) of Chapter 4 of Part 3 of Division 2 of Title
23 2 of the Government Code. Approval of the electors of the
24 state for the issuance of bonds under this chapter shall
25 include the approval of the issuance of any bonds issued
26 to refund any bonds originally issued or any previously
27 issued refunding bonds.
28 20009. All money deposited in the fund that is derived
29 from premium and accrued interest on bonds sold
30 pursuant to this chapter shall be reserved in the fund and
31 shall be available for transfer to the General Fund as a
32 credit to expenditures for bond interest.
33 20010. The Legislature hereby finds and declares that,
34 inasmuch as the proceeds from the sale of bonds
35 authorized by this chapter are not "proceeds of taxes" as
36 that term is used in Article XIII B of the California
37 Constitution, the disbursement of these proceeds is not
38 subject to the limitations imposed by that article.
39 20011. Amounts deposited in the fund pursuant to this
40 chapter may be appropriated in the annual Budget Act
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SB 3 — 10—
I to the State Librarian for the actual amount of office,
2 personnel, and other customary and usual expenses
3 incurred in the direct administration of grant projects
4 pursuant to this chapter, including, but not limited to,
5 expenses incurred by the State Librarian in providing
6 technical assistance to an applicant for a grant under this
7 chapter.
8 SEC. 2. Section 1 of this act shall take effect upon the
9 adoption by the voters of the California Library
10 Construction and Renovation Bond Act of 2000, as set
11 forth in Section 1 of this act.
12 SEC. 3. Section I of this act shall be submitted to the
13 voters at the November 7, 2000, statewide general
14 election in accordance with provisions of the Elections
15 Code and the Government Code governing submission of
16 statewide measures to voters.
17 SEC. 4. Notwithstanding any other provisions of law,
18 all ballots of the election shall have printed thereon and
19 in a square thereof, the words: "California Library
20 Construction and Renovation Bond Act of 2000" and in
21 the same square under those words, the following in
22 8-point type: "This act provides for a bond issue of one
23 billion dollars ($1,000,000,000) to provide funds for a
24 library construction and renovation program." Opposite
25 the square, there shall be left spaces in which the voters
26 may place a cross in the manner required by law to
27 indicate whether they vote for or against the act.
28 Where the voting in the election is done by a means of
29 voting machines used pursuant to law in the manner that
30 carries out the intent of this section, the use of the voting
31 machines and the expression of the voters' choice by
32 means thereof are in compliance with this section.
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