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HomeMy WebLinkAboutMINUTES - 02152000 - SD3 5 .. V TO: BOARD OF SUPERVISORS FROM: Anne Cain,Acting County Librarian DATE: February 3, 2000 SUBJECT: Consider Adopting a Resolution in Support of Proposition 14 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION RECOMMENDATION: Consider adopting a resolution endorsing Proposition 14 on the March 7, 2000 ballot, as recommended by the Acting County Librarian. FINANCIAL IMPACT: None. BACKGROUND: A 1998 study conducted by the California State Library identified a need for over 425 local library projects at a cost in excess of$2 billion. In Contra Costa County alone, it is estimated that, over the next 20 years, over $144 million will be needed for library construction, renovation and remodeling. This prompted the introduction Senate Bill 3, which passed both houses of the California State Legislature with solid bi-partisan support and was signed by the Governor. Proposition 14, the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000, authorizes$350 million in State bonds to fund grants on a 65% state—35% local match basis. Bond funds can be used for building new libraries, repairing existing facilities, upgrading telecommunications and electrical systems, improving study conditions, and creating a safe, comfortable environment for library users. Grants will range from $50,000 to $20,000,000. First priority for funding are joint-use projects where there is a cooperative agreement between schools and libraries. Proposition 14 is an important way to help local communities in Contra Costa County. Many local communities, and others throughout California, need to make large investments in repairs and upgrades to their public libraries. And many need to build new libraries, so services can keep up with growing populations. Proposition 14 is an important investment in literacy and learning. CONTINUED ON ATTACHMENT: YES SIGNATURE: JAJ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE EAPPROVE OTHER SIGNATURE(S): Jobe Wolfe Contra Costa Taxpayers Association, offered coaments. No it to speak, the Board a on. ACTION OF 60ARD ONFr ( 0� APP OVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: See Resolution No. 2000/81 I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN _M UNANIMOUS(ABSENT — — — ) ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: Contact: Anne Cain,646.6423 ATTESTED February 15, 2000 PHIL BATCHELOR,CLERK OF THE BOARD OF cc: County Library UPERVISORSANCIC9UNTYADMINISTRATOR County Administrator County Auditor By ,Deputy o:\bos\template\regular\propl4.doc i 213100 Senate Bill No. 3 CHAPTER 726 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, making an appropriation therefor, and by providing the funds necessary therefor through an election for, and the issuance and sale of, bonds of the State of California and by providing for the handling and disposition of those funds, and declaring the urgency thereof, to take effect immediately. [Approved by Governer October 7,1999.Filed with Secretary of State October 10, 1999.1 LEGISLATIVE COUNSEL'S DIGEST SB .3,. Rainey. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act.of 2000. . Existing laud establishes the -California Library Construction and Renovation Bond Act of 1988, which authored 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 Reading and Literacy Improvement and Public 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 $350,000,000 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 primary election on March 7, 2000, and would become operative upon adoption by the.voters at that election. 'phis bill would declare that it is to take effect immediately as an urgency statute. The people of the State of California do enact as follows: SECTION 1. Chapter 12 (commencing with Section 19985) is ' added to Part 11 of the Education Code, to read: 92 Ch. 726 —2 — CHAPTER 2 ---- CIIAPTER 12. CALIFORNIA READING; AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION .BOND Ac-r OF 2000 Article 1. General Provisions 19985. This chapter shall be known and may be cited as the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000. 19985.5. The Legislature finds and declares the following: (a) Reading and literacy skills are fundamental to success in our economy Arid our society. (b) The Legislature and Governor have made enormous strides in improving the quality of reading instruction in public schools. (c) Public libraries are an important resource to further California's ,reading and literacy goals both in conjunction with the .public schools and for the adult population. (d) The construction and renovation of public library facilities is necessary to. . expand access to reading andliteracy programs -in California's public education system and to expand access to public . library services for all residents of California. 19986. As used in this chapter, the following terms have the following meanings: (a) "Committee" means the California Library Construction and Renovation Finance Committee established pursuant to Section 19972. (b) "Fund" means the California Public Library Construction and Renovation Fund. (d) "Board" means the California Public , Library Construction and Renovation Board. This board is comprised of the State Librarian, the 'Measurer, the Director of Finance; an Assembly Member appointed by, the Speaker, of the Assembly, a Senator appointed by the Senate Rules Committee, and a member appointed by the Governor. Legislative members of the board shall meet with, and participate in, the work of the-board to the extent that their participation is not incompatible with their duties as Members of the Legislature. For, the purposes of this chapter, Members of the Legislature who are members of the board shall constitute a joint legislative committee on the subject matter of this chapter. Article 2. Program Provisions 19987. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the California Public Library Construction and Renovation Fund,which is hereby established. 92 -3 — Ch. 726 y r 19988. All moneys deposited in the fund, except as provided in 7r Section 20011, are continuously appropriated to the State Librarian, notwithstanding Section 13340 of the Government Code, and shall be available for grants to any city, county, city and county, or district that is authorized at the time of the project application to own and maintain a public library facility for the purposes set forth in Section the 19989. ,rary 19989. The grant funds authorized pursuant to Section 19988, and the matching funds provided pursuant to Section 19995, shall be used by the recipient for any of the following purposes. our (a) Acquisition or construction of new facilities or additions to existing public library facilities. :s in (b) Acquisition of land necessary for the purposes of subdivision (a)• -flier' (c)' Remodeling or rehabilitation of existing public library the facilities or of other facilities for the purpose of their conversion-.to public library facilities. All remodeling and rehabilitation. projects �s is funded with grants authorized pursuant to this chapter shall include s in any necessary upgrading of electrical and telecommunications ablic systems to accommodate Internet and similar computer technology. (d) Procurement or, installation, or both, of furnishings and the equipment' required to make a facility fully operable, if the I procurement or installation is part of a construction or remodeling and project funded pursuant to this section. bion (e)• Payment of fees charged by architects, engineers, and other professionals, whose services are required to plan or execute a project and authorized pursuant to this chapter. 19990. Any grant funds authorized pursuant to Section 19988, or bion matching funds provided pursuant to Section 19995, may not be used hate by a recipient for any of the following purposes: mbly (a) Books and other library materials. tator (b) Administrative costs of the project, including, but not limited nted to,the costs of any of the following (1) Preparation,of the grant application.° ipate (2) Procurement of matching funds. not (3) Conduct of an election for obtaining voter approval of the the project. . are (c) Interest or other carrying charges for financing the project, ittee including, but not limited to, costs of loans or lease-purchase i aigreemrnents in excess of the direct costs of any of the authorized purposes specified in Section 19989. (d) Any ongoing operating expenses for the facility, its personnel, supplies,or any other library operations. this 19991. All construction contracts for projects funded in part )rary through grants awarded pursuant to this chapter shall be awarded through competitive bidding pursuant to Part 3 (commencing with Section 20100) of Division 2 of the Public Contract Code. 92 92 -tr=gid Ch. 726 —4- 19992. 4--19992. This chapter shall be administered by the State Librarian, The board shall adopt rules, regulations, and policies for the implementation of this chapter. 19993. A city, county, city and county, or district may apply to the State Librarian for a grant pursuant to this chapter, as follows: (a) Each application shall be for a project for a purpose authorized by Section 19989. (b) An application may not be submitted for a project for which construction bids already have been advertised, (c) The applicant shall request not less than fifty thousand dollars ($50,000)per project. 19994. (a) The State Librarian shall consider applications for construction of new public library facilities submitted pursuant to Section 19993 in the following priority)order: (1) First priority shall be,given to joint use projects in which .the agency that operates the library and one or more school districts have a,cooperative agreement. (2) Second priority shall be, given to all .other public library . projects. (b) The State Librarian shall consider applications for remodeling or rehabilitation- of existing public library_facilities pursuant to Section 19993 in the following priority order:, (1). First priority shall be given to public library projects in the attendance, areas. of public schools that are determined, pursuant ,to regulations adopted by the board, to have inadequate infrastructure to support access to computers and other educational technology. (2) Second priority shall be given to alll other projects. 19995. (a) Each grant. recipient shall provide matching funds from any available source in an amount equal to 35 percent of the casts of the project. The remaining 65 percent of the costs of the project, up to a maximum of twenty million dollars ($20,000,000) per project,shall be provided through allocations from the.fund. (b) Qualifying matching funds shall be cash expenditures in the categories: specified in Section 19989 which are made not earlier than three years prior to the submission of the application to the' State Librarian. Except as otherwise provided in subdivision (c), in-kind expenditures do not qualify as matching funds. (c) Land donated or otherwise acquired for use as a site for the facility, including, but not limited to, land purchased more than three years prior to the submission of the application to the State Librarian, may be credited towards the 35 percent matching funds requirement at its appraised value as of the date of the application. This subdivision shall not apply to land acquired with funds authorized pursuant to Part 68(commencing with Section 100400). (d) Architect fees for plans and drawings for library renovation and new construction, including, but not limited to, plans and drawings purchased more than three years prior to the submission of i 92 -5 — +Ch. 726 ibrarian. the application to the State Librarian, may be credited towards the for the 35 percent matching funds requirement. 19996. (a) The estimated costs of a project for which an ly to the application is submitted shall be consistent with normal public thorized construction costs in the applicant's area. (b) An applicant wishing to construct a project having costs that exceed normal public construction costs in the area may apply for a sr which grant in an amount not to exceed 65 percent of the normal costs up to a maximum of twenty million dollars ($20,000,000) per project if I dollars the applicant certifies that it is capable of financing the remainder of, ions for the project costs from other sources. 19997. Once an application has been approved by the board and mant to included in the State Librarian's. request to the committee, the hich .the amount of the funding to be provided to the applicant may not be icts have increased. Any actual changes in project casts are the full responsibility of the applicant. If the amount of funding that is library provided is greater than the. cost of. the project, the applicant shall return that portion .of the funding that exceeds the cost of the project nodeling to the fund. If an applicant has been awarded. funding by the board, 'pant to but chooses not to proceed with the project, the applicant shall return all of the funding to the fund. s in the 19998. (a) In reviewing applications, as part of establishing the spent to priorities set forth in Section 19994 the board shall consider all of the structure following factors. (1) Deeds of urban and rural areas.. '• (2) Population growth. g funds (3) .Age and condition of the existing library facility. ` (4) The degree to which the existing library facility is inadequate s s of the in meeting the needs of the residents in the library service area and of the the degree to which the proposed .project responds to the needs of 000) per those residents. s in the (5) The degree to. which the library's plan of service integrates her than appropriate electronic technologies into the proposed project. . State (6) The degree to which the proposed..site is appropriate for the in-kind proposed project and its intended use. (7) The financial capacity of the local agency submitting the for the application to open and maintain operation of the proposed library an three for applications for the construction of new public libraries. .�'br threerian, (b) If, after an application has been submitted, material changes airement occur that would alter the evaluation of an application, the State aitementLibrarian may accept an additional written statement from the bdivision to applicant for consideration by the board. 19999. (a) A facility, or the part thereof, acquired, constructed, novation or remodeled, or rehabilitated with. grants received pursuant to this ans and chapter shall be dedicated to public library direct service use for a ission of period of not less than 20 years following completion of the project. 92 - 92 Ch. 726 —6— (b) -6— (b) The interest of the state in land or a facility, or both, pursuant to the funding of a project under this chapter, as described .in subdivision (a), may be transferred by the State Librarian from the land or facility, or both, for which that funding was granted to a replacement site and facility acquired or constructed for the purpose of providing public library direct service. (c) if the facility, or any part thereof, acquired, constructed, remodeled, or habilitated with grants received pursuant to this chapter ceases to be used for public library direct service prior to the expiration of the period specified in subdivision (a), the board is entitled to recover, from the grant recipient or the recipient's successor in the maintenance of the facility, an.amount that bears the same ratios to the value of the facility, or the appropriate part thereof, at the' time it ceased to be used for public library direct service as the amount of the grant bore to the cost of the facility or the appropriate part thereof. For purposes of this subdivision, the Value of the facility, or "the appropriate part thereof, is determined- by the mutual agreement of the board and the grant recipient or successor, or through an action brought for that purpose in the superior court. (d) Notwithstanding subdivision ` (f) of Section 16724 of the Government Code, any money recovered pursuant to subdivision (c) shall be deposited in the find," and shall be available for the purpose of awarding grants for other,projects. Article 3. Fiscal Provisions 20000. Bonds in the amount of three hundred fifty million dollars ($350,000,000); exclusive of refunding bonds; or so much thereof as is necessary, may be _issued and sold for. deposit in the fund to be used in accordance with, and for carrying out the purposes expressed in, this chapter, including .all acts amendatory thereof and supplementary thereto, and to be used to reimburse the General Obligation Band Expense Revolving Fund , pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and . constitute a valid and binding obligation of .the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of and interest on bonds as the principal and interest become due and payable. 20001. . The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. 20002. (a) For purposes of this chapter, the California Library Construction and Renovation Finance Committee established 92 -7 — Ch. 726 pursuant pursuant to Section 19972 is the "committee" as that term is used in gibed .in the State General Obligation Bond Law. 'rom the (b) For purposes of the State General Obligation Bond Law, the ed to a California Public Library Construction and Renovation Board purpose established pursuant to subdivision (c) of Section 19986 is designated the "board." strutted, 20003• The committee shall determine whether or not it is to this necessary or desirable to issue bonds authorized pursuant to this )r to the chapter in order to carry out the actions specified in this chapter, board is including all acts amendatory thereof and supplementary thereto, xipient's and, if so, the amount of bonds to be issued and sold. Successive issues rears the of bonds may be authorized and sold to carry out those actions thereof, progressively, and it is not necessary that all of the bonds authorized :e as the to be issued be sold at any one time. aropriate 20004, There shall`be.collected each year and in the same manner facility, and at the same time as other state .revenue is collected, in addition mutual to the ordinary revenues of the state, a sum in an amount required ;ssor, or to pay the principal of and interest on the bonds each year. It is the duty of all officers charged .by law with any duty in regard to the of the collection of the.revenue to do and perform each and every act.that bdivision is necessary to collect that additional sum. for the 20005. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State 'Treasury, for the purposes of this chapter, an amount'that will equal the total of the following: (a) The sum annually necessary to pay the principal of and a dollars interest on bonds issued and sold pursuant to this chapter, as the tereof as principal and interest become due and payable. be used (b) The sum necessary to carry out Section 20006, appropriated Wised in, without regard to fiscal years. of and 20016. For the purposes of carrying out this chapter, the Director General of Finance may authorize the withdrawal from the General Fund of Section an amount or amounts not to exceed the`amount of the unsold bonds 1 be and that have been authorized to be sold for the purpose of carrying out alifornia, this chapter. Any amounts withdrawn shall be deposited in the fund. y hereby Any money made available under this section shall be returned to the interest General Fund, with interest at the rate earned by the money in the Pooled Money Investment Account during the time the money was ,repared, withdrawn -from the General Fund pursuant to this section, from he State money received from the sale of bonds for the purpose of carrying ng with out this chapter. ,ernment 20007. The board may request the Pooled Money Investment Is and to Board to make a loan from the Pooled Money Investment Account, though in accordance with Section 16312 of the Government Code, for the purposes of carrying out this chapter. The amount of the request shall Library not exceed the amount of the unsold bonds that the committee has, tablished by resolution, authorized to be sold for the purpose of carrying out 92 92 Ch. 726 —8— this -8-- this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to,be allocated by the board in accordance with this chapter. 20008. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 2 of Title 2 of the Government Code. Approval of the electors of the state for the issuance of bonds under this chapter shall include the approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds. 20009. All money deposited in ,the 'fund that is derived from premium and accrued interest on bonds sold pursuant to this chapter shall be reserved in.the fund and shall be available for transfer to the General Fund as a credit to expenditures.for bond interest. 20010.. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not "proceeds of taxes" as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by than article. 20011, Amounts deposited in the fund pursuant to this chapter may be appropriated in the annual Budget Act to the State Librarian for the actual amount of office,. personnel, and other customary and usual expenses.incurred in the direct administration of grant projects. pursuant to this chapter, including, but not limited .to, expenses incurred by the State Librarian in providing technical assistance to an applicant for a grant under this chapter. SEC. 2. Section 1 of this act shall take effect upon the adoption by the voters of the California Library Construction and Renovation Bond Act of 2000,as set forth in Section 1 of this act. SEC. 3. Section 1 of this act shall be submitted to the voters at the March 7, .2000, statewide, primary election in accordance with provisions of the Elections Code and . the Government Code governing submission of statewide measures to voters. SEC. 4. Notwithstanding any other provisions of law, all ballots of the election shall, have printed thereon and in a square thereof, the words: "California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000" and in.the same square under 'those words, the following in 8-point type: "This act provides for a bond issue of three hundred fifty million dollars ($350,000,000) to provide funds for the construction and renovation of public library facilities in .order to expand access to reading and literacy programs in California's public education system and to expand access to public library services for all. residents of California." Opposite the square, there shall be left spades in which the voters may place a cross in the manner required by law to indicate whether they vote for or against the act. 92 -9— Ch. 726 ed by the Where the voting in. the election is done by a means of voting loan. Any machines used pursuant to law in the manner that carries out the .ed by the intent of this section, the use of the voting machines and the expression of the voters' choice by means thereof are in compliance -Ir may be with this section. ince with SEC. 5. This act is an urgency statute necessary for the immediate Part 3 of preservation of the.public peace, health, or safety within the meaning at of the of Article IV of the Constitution and shall go into immediate effect. rpter shall The facts constituting the necessity are: efund any In order for this act to appear on the March 7, 2000, statewide ;s, primary ballot , and, at the earliest possible time, expand access to ived from reading and literacy programs in California's public education pis chapter system and expand access to public library services for all residents. Jer to the of California, it is necessary for this act to go into immediate effect. inasmuch hapter are I B of the ;ds is not is chapter Librarian )many and it projects. expenses ;istance to Joption by renovation tern at the ince with --nt Code ballots of iereof, the nd Public tnd in the ype: "This on dollars renovation ading and n and to .idents of in which to indicate U 92 92 A// 67P. . THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA �d Adopted this Resolution on February 1 s , 2QQ 0 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DeSAULNIER, CANCIAMILLAA.` Arid GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20001 81 SUBJECT: PROPOSITION 14-- CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 WHEREAS, public libraries are a supplement to the formal system of free public education and deserve adequate financial support from government at all levels; and WHEREAS, a viable statewide system of public libraries is essential to assist the schools, support children and to serve the general public in all local communities; and WHEREAS, community public libraries are an important partner in providing a quality education for children and ensuring lifelong learning opportunities for all citizens; and WHEREAS, the public interest is served by providing adequate resources to properly fund public library facilities and services; and WHEREAS, local public libraries throughout California need additional funding for the construction of new libraries and for the expansion and renovation of existing library facilities to better service their communities; and WHEREAS, the California State Library recently conducted a statewide survey which identified a need for over 425 local library projects at a cost in excess of$2 billion; and WHEREAS, first priority is given to projects which are joint ventures between public libraries and the schools; and WHEREAS, the California State Legislature and the Governor approved SB3, the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000, authorizing $350 million in State bonds to fund grants on a 65% state -35%local match basis; and WHEREAS, this measure will appear on the March 7, 2000 statewide ballot as Proposition 14, and, if approved by California voters, will provide significant funding to address California's public library construction needs; NOW, THEREFORE BE IT RESOLVED BY THE Contra Costa County Board of Supervisors that the Board endorses Proposition 14 on the March 7, 2000 ballot, encourages voters in the county to vote in favor of this measure and directs the County Clerk to forward a copy of this Resolution at the earliest possible date after its adoption to the Contra Costa County Library and the California State Association of Counties. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTEST: F b r ua r y 15 - 2000 Phil Batchelor, Clerk of the Board of Supe rvis rs and County Administrator By: ep Ong. Dept.: County Library cc: County Auditor County Administrator County Counsel 2/14/00 llfs-Rbrarykuserladminlbos\resoprop.doc Re s o lut i on";:--No . 2000/81