HomeMy WebLinkAboutMINUTES - 02071995 - 1.27 -;L 7
TO: BOARD OF SUPERVISORS Contra
Phil Batchelor, County Administrator Costa
FROM: •<
o
County
January 30 1995
DATE: rr...
SUBJECT: LEGISLATION: SB 134 (Marks & Kelley) - BOND MEASURE FOR LIBRARY
CONSTRUCTION AND RENOVATION
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position in SUPPORT of SB 134 by Senators Milton Marks and
David Kelley, which would place on the General Election ballot on
November 5, 1996 for voter consideration a $350 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 . Senators Marks and Kelley
have jointly authored SB 134 which would place a $350 million
library construction and renovation bond measure on the ballot
November 5, 1996 .
SB 134 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.
In view of the Board' s past support for various library funding
options, it appears to be appropriate to support SB 134 which again
places the Board on record in regard to this important issue.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S :
ACTION OF BOARD ON FehruarTZ, 19s 5 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 THE DATE SHOWN.
ATTESTED FEB _ 7 1995
Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF
cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
n n
BY A �A X.d.�,�� DEPUTY
L.a7
-a-
County Administrator
Anne Marie Gold, County Librarian
George Roemer, Senior Deputy County Administrator
Les Spahnn, Heim, Noack, Kelly & Spahnn
Bank of California Center
770 L Street, Suite 960
Sacramento, CA 95814
SENATE BILL No. 134
Introduced by Senators Marks and Kelley
(Coauthor: Assembly Member Alpert)
January 23, 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
fundsnecessary 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 134, as introduced, Marks. 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 I Act of 1996 which, if adopted, would
authorize the issuance, pursuant to the State . General
Obligation Bond Law, of bonds in the amount of$350,000,000,
exclusive of refunding bonds, as specified; for the purpose of
financing a similar- library construction and renovation
program. The bill would authorize the use of proceeds from
those bonds to fund certain. project applications that were
submitted under the California Library Construction and
9s
SB 134 - 2 —
Renovation Bond Act of 1988, but did not receive funding
under that act.
This bill would provide for the submission of the bond act
to the voters at the November 5, 1996, general election in
accordance with specified law.
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. PUBLIC LIBRARY LEARNING AND LITERACY
5 EXPANSION ACT OF 1996
6
7 Article 1. General Provisions
8 -
9 19985. This chapter shall be known and may be cited .:
10 as the Public Library Learning and Literacy Expansions
11 Act of 1996.
12 19986. As used in. this chapter, the following terms .
13 have the following meanings:
14 (a) "Committee" means the . California Library 4
15 Construction and Renovation Finance Committee
16 created pursuant to Section 19972.
17 (b) "Fund" means the California Library
18 Construction and Renovation Fund created pursuant to
' 19 Section 19955.
20 (c) "Board" means. the, California Library
2.1 Construction and Renovation. Board created pursuant to
22 Section 19952.
23 f
24 Article 2. Program Provisions
25
26 19987. The proceeds of bonds issued and sold
27 pursuant to this chapter shall be deposited in the fund.
28 19988. All moneys deposited in the . fund, shall be
29 available for grants to any city, county, city and county,.
30 or district that is authorized at the time of the project {
99
D-7
- 3 - SB 134
Rng 1 application to own and'maintain a public library facility
2 'for the purposes set forth in Section 19989.
I act3 19989. The grant funds authorized pursuant to
n in 4 Sec;.ion 19988, and the matching funds provided pursuant
5 to Section 19995,•shall be used by the recipient for any of
yes. 6 the following purposes:
(3 10 7 (a) Acquisition or construction of new facilities or
8 additions to existing public library facilities.
ows• 9 (b) Acquisition of land necessary for the purposes of -
10 subdivision (a) .
tion 11 (c) Remodeling or rehabilitation of existing public
ead: . 12 library facilities or of other facilities for the purpose of
13 their conversion to public library facilities.
icy 14 (d) Procurement or installation, or both, of furnishings
15 and equipment required to make a facility fully operable,-
16
perable,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,
ited19 and other professionals, whose services are required to
sion (11 22plan or execute a .project' authorized pursuant to this
21 chapter.
rms 22 19990. (a) An- applicant for a . grant for the
23 acquisition, construction, remodeling, or rehabilitation of,
^ary 24 public library facilities under, this chapter on land not
ttee 25 currently possessed by that applicant,for a project that
26 does not include an application for a grant to acquire that
:pry 27 land pursuant to subdivision (b) .of Section 19989, shall be
t to 28 deemed to comply with any administrative condition
29 adopted pursuant to this chapter that the applicant own
-ary 30 the land if the application is accompanied by a copy of a
to 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.
"air34 (b) .The terms "purchase of land" and "acquisition of
35 land," as used in this chapter, or in any rule, regulation,
;old 36 or policy adopted by the State Librarian pursuant to
A : 37 Section 19993, include, but are 'not limited to, the
be 38 acquisition of land by eminent domain. For that purpose,
Zty,. 39 the eligible cost of acquisition shall be the fair market
iectQ0 value of the property as defined by Article 4
99 99
SB .134 — 4 —
I
41 (commencing with Section 1263.310) of Chapter 9 of Title
2 7 of Part 3 of the Code of Civil Procedure, except that,.if
3 title to the land will not be transferred until after the
4 application is submitted for a grant for the acquisition of
5 the land, the eligible cost of acquisition may not exceed
6 the appraised value of the land.
7 19991. No grant-funds authorized pursuant to Section
8 . 19988, or matching funds provided pursuant to Section
9 ' 199.95 may be used by a recipient for any of the following
10 purposes:
11 (a). Books and other library materials.
12 (b) Administrative costs of theproject, including, but
13 not limited to; the costs of any of the following:
14 (1) Preparation of the grant application.
15 (2) Procurement of matching funds.
16 (3) Conduct of an ' election for obtaining voter
17 - approval of the project.
. 18 (4) Plan checking and code compliance'inspections.
19 (c) Interest or.othercarrying charges for financing the
20 project, including, but not limited to, costs of loans or
21 . lease-purchase agreements in excess of.the direct.costs of
22 any of the authorized purposes specified in Section 19989.
23 (d.), Any ongoing operating expenses for the facility, its
24 personnel, supplies, or any other library operations.
25 19992. : All construction contracts for projects funded 0
26 in part through'grants awarded pursuant to this chapter
27 shall be awarded through competitive bidding pursuant
28 to Part,3 (commencing with Section 20100) of Division 2
29 of the Public Contract Code.
30 19993. This chapter shall be administered by the State
31 Librarian. The . State Librarian shall adopt rules,
32 . regulations, and policies for the implementation of the
33 chapter.
34 19994. A city, county, city and county, or district may
35 apply to the State Librarian for a grant pursuant to this
36 chapter, as follows:
37 (a) Each application shall be for a project for a purpose
38 authorized by Section 19989.
39 (b) The applicant shall request not less than one
40 hundred thousand dollars ($100,000) per project.
99
- 5 — SB 134
1 (c) An application may not be submitted f project
of Title PP Y ed or a p o�ect
that if 2 for.which construction bids already have been advertised.
'ter the 3 19995. .(a) Each grant recipient shall provide •
ition of 4. matching funds from any available source in an amount..
exceed 5 equal to 35. percent of the costs of the project. The
6 remaining 65 percent of the costs of the project shall be
Section 7 provided through allocations from the fund.
® 8 (b) , Qualifying ' matchin funds shall be cash
Section y g g
llowing .9: expenditures in the categories.specified in Section 19989
10 'which are .made not earlier than five years prior to: the
11 submission of the application to the State Librarian.
ng, but 12. Except as otherwise provided in subdivision (c), in-kind
13 expenditures may not qualify as matching funds.
14 ..(c) Land.donated or otherwise acquired for use as a
15 site for the facility, including, but not limited to, land
voter
16. purchased more than five years prior to the submission of
17 the application to the State Librarian, may be credited
tions. 18 towards the 35 percent matching funds requirement at its
-ing the 19 appraised value as of the date of the application.
pans or � 20 (d) Architect fees for plans and drawings for library
costs of 21 . renovation and new .construction, including ,plans and
119989. 22 drawings. purchased more than five years prior to the
ility, its 23 submission of the application to the State Librarian, may
ns. 24 be credited. towards the 35 percent matching funds
funded 0 2.5 requirement.
�hapter 26 19996. ' (a) The estimated costs of a project for which
arsuant 27 ..an application is submitted shall be consistent with
vision.2 28 normal public construction costs in the applicant's area.
29 (b) An applicant wishing to construct a project having
ie State 30. costs that exceed normal public construction costs in the
rules, 31 applicant's area may apply for a grant in an amount not
of the 32, to exceed 65 percent of the normal costs if the applicant
` 33 certifies that it is capable of financing the remainder of
ict may 34 the-project costs from other sources.
to this 35 19997. Oncean application has been approved by the
36 board and included in the State Librarian's request to the
purpose 37 committee, the amount of funding to be provided to.the
38 applicant may not be increased. Any actual changes in
�n one 39 project costs are the full responsibility of the applicant. If.
J40 the amount of funding that is provided is greater than the
99 99
XT
SB 134 — 6 -
1 cost of the project, the applicant shall return that portion
r)
2 of the funding that exceeds the cost of the project to the
. 3 State Librarian.
4 19998. In reviewing applications, the board shall
5 consider all of the 'following factors;,
6 (a) Needs of urban and rural areas.
7 (b) Population growth.
8 (c) Changing concepts,of public library service,
9 .(d) Distance of the proposed project from other
10 existing and proposed facilities.
11 (e) .Age and condition of the facility.
12 (f)' Demonstrated ability .to support the ongoing
13 operating expenses of the facility.
14 If, after an application has been submitted, material
15 changes occur that, would alter the evaluation of an
16 application, the State Librarian may accept an additional
17 ' written statement from the applicant for the board's
18 consideration.
19 19999. (a) A facility, or the part .thereof, acquired,
20 constructed, remodeled, or rehabilitated with grants
21 received pursuant to this chapter shall be dedicated to
22 public library direct service use for a period of not less
23 than 20 years following completion of the project.
24 (b) The interest -of the state in land or a facility, or
25 both, pursuant to the funding of a project. under this
26 chapter, as described in subdivision (a), may be
27 transferred by the State Librarian from the land or
28. facility, or both, for which that funding was granted to a
29 ' replacement site and facility acquired or constructed for
30 the purpose of providing public library direct service.
31 (c) If the facility, or any part thereof, acquired,
32 constructed, remodeled, or rehabilitated with grants
33 received pursuant to this chapter ceases to be used fore
34 public library direct service prior to the expiration of the '--
35 period specified in subdivision (a) , the board is entitled
36 to recover, from the grant recipient or the recipient's
37 successor in the maintenance of the facility, an amount
38 that bears the same ratio to the value of the facility, or the
39 appropriate part thereof, at the time it ceased to be used
40 for public library direct service as the amount of the grant;
ss
i a7
-- 7 SB 134
r i n t� 1 bore to the cost .of the facility th
:t portion Y or e
t o appropriate part
pct to the 2 thereof: For purposes of this subdivision, the value of the
3 .facility, or the appropriate part thereof, is determined by
ird shall 4 the mutual agreement of the board and the grant
5 recipient or its successor, or through an action brought for
-6 that purpose in the superior court.
7 .(d), The board may release the grant recipient or the
ice. ® 8 recipient's successor in the maintenance of the facility
m other 9' from its obligation under subdivision (a) , and waive the
10 requirements of subdivision (c), if the board determines
11 that so doing would not diminish the quality of public
ongoing 12 library service in the community served by the facility.
13 (e) Notwithstanding subdivision (f) of Section 16724
material 14 of the government"Code;any money recovered pursuant
M of an 15 to subdivision (c) shall be deposited in the fund, and shall
dditional -.16 be available for the purpose of awarding grants for other
board's 17 projects.
18
icquired, .19 Article 3. Fiscal Provisions
h grantsO .0 20
icated to 21 20000. Bonds in the total amount of three hundred
f not less 22 fifty million dollars ($350,000,000), exclusive of refunding
!ct. 23 : bonds, or so much thereof as is necessary, maybe issued
tcility, or 24 - and sold to provide a fund.to be.used in accordance with,
oder this (14 25 'and for carrying out the purposes expressed in, this
may be `26 chapter, including all acts .amendatory thereof and
land or 27 supplementary thereto, and to be used to reimburse the
nted to a 28 General Obligation Bond Expense Revolving -Fund
ucted for 29 pursuant to Section 16724.5.of the Government Code.The
ervice. 30 bonds, when sold, shall be and constitute a valid and
acquired, 31 binding obligation of the State of California, and the full
h grants 32 faith- and credit of the State of California is hereby
used for - 33 pledged for the punctual payment of both principal of
.on of the 34 and interest on the bonds -as the principal and interest
> entitled 35 become due and payable.
-cipient's 36 20001. (a) In addition to the purposes authorized in
i amount 37 Section 20000, the board may use proceeds from the sale
ty, or the . 38 of bonds pursuant to this chapter to fund a project for
be used 39 which both of the following conditions are met:
the grant
99 99
0.7 .
SB 134 — $ -
1 1 The applicant previously applied for funding for
� ) pP p Y Pp
2 that same project under Chapter 11 (commencing with
3 Section 19950), and the State Librarian found the project
4 to be eligible for funding under that chapter, but the
5 project was not funded under that chapter.
i 6 (2) Not later than a date 60 days after the effective
7 date of this chapter, the governing body of the applicant
8 certifies to the State Librarian by resolution; supported
9 by. official action taken at an open meeting of the
10 governing body; that the applicant requests funding for
11 the 'application under this section.
I 12 (b) Any project that is funded pursuant to this section
13 shall comply with the regulations set forth in Chapter 1
1:4 (commencing with Section 20410) of Division 2 of Title
15 5 of, and Chapter 16 {commencing with Section 16-101)
16 of Part 1 of Title 24 of, the California Code of Regulations,
17 and with any additional.requirements set forth in Article
18 2 (commencing with Section 19955) of Chapter 11, but
19 shall be exempt from Article 2 (commencing with Section
20 19987) of this chapter.
21 20002. The bonds authorized by this chapter shall be
22 prepared, executed, issued, sold, paid, and redeemed as
23 - provided in the State General Obligation' 'Bond'-Law
24 (Chapter 4 (commencing with Section 16720) of Part 3 of
25 Division 4 of Title 2 of the Government Code), and all of �>
26 the provisions of that law apply to the bonds and to this
27 chapter and are hereby incorporated in. this chapter as
28 though set forth in full in this chapter.
29 20003. (a) For purposes of this chapter, the
30 California Library Construction and Renovation Finance
31 Committee created pursuant to Section 19972 is the
32. "committee" as' that term is used in the State General
33 Obligation Bond Law.
34b For purposes of the State General Obligation Bond =
( ) p P g
35 Law, the California Library Construction and Renovation
36 .Board is designated the "board."
37 20004. The committee shall determine whether or
38 not it is necessary or desirable to issue bonds authorized
39 pursuant to this chapter in order to carry out the actions
40 specified in this chapter, including all acts amendatory
ss
E`
- 9 — SB 134
.din for 1 thereof and supplementary thereto,and,if so, the amount
g
ing with 2 of bonds to be issued and sold. Successive issues of bonds
project 3 may be authorized and sold to" carry out those actions
but the 4 progressively, and it is not necessary that all of the bonds
5" authorized to be issued be sold at any one time.
-.ffective 6 20005. There shall be collected each year and in the
,pplicant - 7 same manner and at the same time as other state revenue
Epported 8 is collected, in addition to the ordinary revenues of the
of the 9 state, a sum in an amount required to pay the principal
iding for 10 of and interest on the bonds each year. It is the duty of all
11 officers charged by law with any duty in regard to the
s section 12 collection of the revenue to do and perform each and
hapter 1 13 every act that Js necessary to collect that additional-sum.
of.Title 14 : 20006• Notwithstanding Section -.13340 of.. the
i 16-101) 15 . Government Code, there is hereby appropriated from
Mations; 16 the General Fund in the.State Treasury, for the purposes
n Article 17 of this chapter, an amount that will equal the total of the
r 11, but 18 following:
i Section 19 ' (a) The sum annually necessary to pay the principal of
20 and interest on bonds issued and sold pursuant to this
shall be 21 . chapter, as the principal and interest become due and
!emed as 22 payable. :
►nd' Law 23 (b) The sum that is necessary to carry out the
Part 3 of 24 :provisions of Section 20007, appropriated without regard
ind all of 25 - to fiscal years.
Ld to this 26 20007. For the purposes ofcarrying out this chapter,
iapter as 27 the Director of Finance may authorize the withdrawal
28 from the General Fund of an amount or amounts not to
:er, the 29 exceed the amount of the unsold bonds that have been
Finance : 30 authorized to be sold for the purpose of carrying out this
'2 is the 31 chapter. Any amounts withdrawn shall be deposited in
General 32 the fund. Any money made available under this section
33 shall be returned to the General Fund,with interest at the
ion Bond 0 . 34 . rate earned by the money in the Pooled Money.
novation 35 Investment Account during the time the money was
36 withdrawn from the General Fund pursuant to this
ether or 37 section, from money received from the sale of bonds for
ithorized 38 the purpose of carrying out this chapter.
e actions 39 20008• The board may request the Pooled Money
endatory 40 Investment Board to make a loan from the Pooled Money
99
49
,.a7 .
SB 134 — 10 —
1 Investment Account, in accordance with Section 16312 of
2, the Government Code, for the purposes of carrying out
3 this chapter. The amount of the request shall not exceed
4 the amount of the unsold bonds that the committee has,
5 by resolution, authorized to be sold for the' purpose of.
. 6 carrying out this chapter. The.board shall execute any
7 documents required by the Pooled Money Investment ,
8 Board to obtain and repay the loan. Any amounts loaned
9 shall be deposited in the fund to be allocated by the board
10 in accordance with this chapter. '
11- 20009. Any bonds issued and sold pursuant to this
12 chapter may be refunded by the issuance of refunding
13 bonds in accordance with Article 6 (commencing with
�14 Section 16780) of Chapter 4 of Part 3 of Division 2 of Title
15 2 of the, Government Code. Approval by the electors of
16 the state for the issuance of bonds under this chapter shall
17 include the approval of the issuance of any bonds issued
18 to.refund any bonds originally issued or any previously
19 issued refunding bonds.
20 20010. All money deposited in the fund that is derived
21 from premium and accrued interest on bonds sold
22 pursuant to this chapter shall be reserved in the fund and
23 -shall be available for transfer to the General Fund as a
24 credit to expenditures for bond interest.
25 20011. The Legislature hereby finds and declares that, S:
26 'inasmuch as the. .proceeds from the sale of bonds
27 authorized by this chapter are not "proceeds of taxes" as
28 that term is used in Article XIII B of the California
29 Constitution, the disbursement of these proceeds is not
30 subject to the limitations imposed by that article.
31 20012.- 'Amounts deposited in the fund pursuant to this
32 chapter may be appropriated in the annual Budget Act
33 to the State Librarian for the actual amount of office, "
34 personnel, and other customary and usual expenses
35 incurred in the direct administration of grant projects
36 pursuant to this chapter, including, but not limited to,
37 expenses incurred by the State Librarian in providing
38 technical assistance to an applicant for a grant under this
39 chapter.
J �
ss
-- II — SB 134
16312 of 1 SEC. 2. Section 1 of this act shall take effect upon the
•ing out 2 adoption by the voters of the Public Library Learning and
exceed 3 Literacy Expansion Act of 1996, as set forth in Section 1
tee has, 4 of this act.
pose of 5 SEC. 3. . Section 1 of this act shall be submitted to the-
.ite any 6 voters at the November 5, 1996, general election . in
,stment 7 accordance with provisions of the Elections Code and the
loaned 0 8 Government Code governing submission of statewide
e board 9 measures to the .voters.
• 10 SEC. 4. Notwithstanding any other.-provision of law,
to this 11 all ballots of the election shall have printed thereon and
u.nding 12 in a square thereof, the words: "Public Library Learning
ig with 13 and Literacy Expansion Act of 1996, and in .the same
of Title 14 square under those words, the following in 8-point type:
tors of 15 "This act,provides for a bond issue of three hundred fifty
er'shall 16 million dollars ($350,000,000) to provide funds for a
> issued 17 library construction and renovation program." Opposite
viously 18 the square, there shall be left spaces in which the voters
19 may place a cross in the manner required'by law to
terived Oh 20 indicate whether they vote for or against the act.
Is sold 21 Where the voting in the election is done by means of
nd and 22 voting machines used pursuant to law in the manner that
ad as a 23 carries out the intent of this section, the use of the voting
24 machines and the expression of the voters' .choice by
es that, 0 ( 25 means thereof are in compliance with this section.
bonds
xes,' as
lifornia
3 is not
to this
;et Act
office,
penses 0
rojects
ted to,
)viding
ter this
99 99
x