HomeMy WebLinkAbout1986-06-03; City Council; 8648; Library Construction and Renovation Bond Act...
-,--,
CIT\ JF CARLSBAD -AGENDk dill
AB# ?<o qY TITLE:
MTG. 6/3/86
DEPT. LI=B:::-_
RECOMMENDED ACTION:
COUNCIL ENDORSEMENT OF SENATE BILL
2493 "CALIFORNIA LIBRARY
CONSTRUCTION AND RENOVATION BOND
ACT OF 1986 11
Council approve Resolution No. Yau supporting Senate Bill 2493
which would place before the voters of California on November 4, 1986,
a bond measure to provide funding for the acquisition or construction
of new public library facilities or additions to existing facilities.
ITEM EXPLANATION:
Senate Bill 2493 would authorize grants to any jurisdiction that
maintains a public library for the acquisition, construction, remodel-
ing, or rehabilitation of facilities for public library services.
Seventy-five percent of the cost of a building project would be pro-
vided by the California Library Construction and Renovation Fund
created by the bond act. If approved for inclusion on the ballot and
approved,by the voters at the November 4, 1986\election, this
legislation would authorize the issuance of $200 million in state
general obligation bonds. Of that amount, $50 million in bonds would
be sold for the reconstruction and renovation of the Los Angeles
Central Library. The bond proceeds would create the California
Library Construction and Renovation Fund from which grant
funds would be dispersed by the State Librarian.
FISCAL IMPACT:
An approved grant under this Act would provide a significant portion
of the cost of a new library building.
EXHIBITS:
C 1.
LIJ
Resolution No. ?'«4 endorsing Senate Bill 2493 "California
Library Construction and Renovation Bond Act of 1986." ~
C:
8: <
z
0
~
.J
0 z ::::,
0
CJ
I
l RESOLUTION NO. 8586
2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, SUPPORTING
3 SENATE BILL 2493 "CALIFORNIA LIBRARY
CONSTRUCTION AND RENOVATION BOND ACT
4 ..;;.O=F_1=9;;..;8;;..;6;;..;_ _____________ _
5 WHEREAS, Senate Bill 2493 would authorize grants to any
6 jurisdiction that maintains a public library for the acquisition,
7 construction, remodeling, or rehabilitation of facilities
8 for public library services; and
9 WHEREAS, Seventy-five percent of the cost of a building
10 project would be provided by the California Library Construction
11 and Renovation Fund created by the bond act; and
12 WHEREAS, this legislation would authorize the issuance
13 of $200 million in state general obligation bonds; and
14 WHEREAS, an approved grant under this Act would provide
15 a significant portion of the cost of a new library building;
16 NOW, THEREFORE, BE LT RESOLVED, that the City Council of the
17 City of Carlsbad goes on record in support of Senate Bill
18 2493.
19 PASSED, APPROVED AND ADOPTED at a regular meeting of
20 the City Council of the City of Carlsbad held the 3rd day
21 of June , 1986, by the following vote, to wit:
22
23
24
25
26
27
28
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ,
(SEAL)
S/f¼-u.~ J. ~
MARY H cfCASLER, Mayor
. '"'\ AMENDED IN SENATE APRIL 15, 1986
SENATE ·BILL Np. 2493
•• ~-Introduced by Sefte~el' ~ Senators Keene and Nielsen
February 21, 1986
An act to add Chapter 11 ( commencing with Section 19950)
to Part 11 of the Education Code, relating to financing of
library construction and renovation through the issuance and
sale of bonds of the State of Califomia and by providing for
the disposition of those funds, and declaring the urgency
thereof, to take effect L.Tu-nediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 2493, as amended, Keene. California Library
Construction and Renovation Bond Act of 1986.
Existing law does not provide for the issuance of state
general obligation bonds to provide funds for grants to any
city, county, city and county, or district that maintains any
public library for the acquisition, construction, remodeling, or
rehabilitation of facilities for public library services.
This bill would enact the California Library Construction
and Renovation Bond Act of 1986 to authorize $169,QQ0,090
$200,000,000 in state general obligation bonds for that
purpose~ t;J.t~~~:ainoTmt;:l50;00lJ,(XJIJ7iii:TxfiRJs1
fflmld~~d:icii"tbn~1ilicm:-iaa~ruiv.i1laii.orJh.~..,
._. 1!ai A aget«Cfflfrtt~ The bill would provide for the
submission of the act to the people at the general election to
be held November 4, .1986; to take effect upon adoption by the
voters at that election. •
This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: %, Appropriation: no. Fiscal committee: yes.
~ State-mandated local program: no.
97 40 '">
..5
SB 2493 \ -2-.
The people of the State of California do enact as follows: ♦)
1
2
3
SEdTION 1. Chapter 11 ( commencing with Section
19950) is added to Part 11 of tlie Education Code, to read:
I
4 CHAPTER 11. CALIFORNIA LIBRARY CONSTRUCTION
5 AND RENOVATIO~ )30ND ACT OF 1986 t)
6
7
8
Article 1. General Provisions
9 • 19950. This chapter may be cited as the California
10 Library Construction and Renovation Bond Act of 1986.
11 19950.5. The Legislatur~ hereby finds and declares all
12 .of the following:
13 (a) The public library is a ·supplemeut to the formal
14 system of free public education, a source of information
15 and inspiration to persons of all ages, cultural
16 backgrounds, and economic statuses, and a resource for
17 continuing education and reeducation beyond the years
18 of formal education, and µterefore deserves adequate· •)
19 financial support from government at all levels. ,
20 • (b) It is in the interest of the people and of the state
21 that there be ·a general diffusion of information and
22 knowledgt-, through, the continued .operation of free
2,'3' public libraries. This diffusion is a matter of general t )
24 -concern inasmuch as it is the duty of the state to provide
25 encouragement to th,e. voluntary lifelong learning of the
26 people of the sta~e.
Z'/ • (c) Many existing public library facilities are not safe,
28 ~cient, or accessible for use, adequate for the size of the
29 communities they serve, or otherwise capable of
• :30 providing. the public library services needed 'by the
31 communities they serve. ,-t )
32 (d) Many communities tliat are populous enough td )
33 requir~ a publi~ library facility do not have one.
34 (e) Local public library authorities do not have
35 sufficient funds to construct or rehabilitate necessary
36 public library facilities. .
37 (f) Fun~g to meet the need" for public library
38 facilities, which is beyond the ability oflocal government • ) )
_!fl 60
.o
0
0
0
0
-3-SB 2493
1 to supply,.is most appropriately met by a partnership of
2 stat~ and local governments.
3 l~l'. The State General Obligation Bond Law
4, (Chapter 4 ( commencing with Section 16720) of Part 3 of
5 Division 4 of Title 2 of the Government Code), except as
6 otherwise provided herein, is adopted for the purpose of
7 the issuance, sale, and repayment of, and otherwise
8 providing with respect to, the bonds authorized to be
9 issued ·by tl,iis chapter, and the provisions of that law are
10 included in this chapter as though set out in full in this
11 clhpt~r .. All references iq this chapter ~o "herein" refer
12 both to this chapter co1d that law.
13 i9952.. As used he.1. ain, ·the following words shall have
14 the "following meanings: •
15· (a) "Bond" means library bond, a state. general
16 • obligation bond issued pursuant.to this chapter adopting
• 17 • the provisions of the ~tate General Obligation Bond Law.
18 (b) -•~Committee" -~eans the California Library
19 Construction and Renovation Finance Committee.
20 (c) "Facility" means a public library facility primarily
21 used for dir~t ~rvice to the general public.·
22 . ( d) "Fund" .1 .me811$ the California Li~rary
23 Construction and Renovation Fund.
24 • ( e) ''Bond Act" means this chapte;r au~orizing the
.25 issuance of state general· obligation bonds and-adopting
26 ~e State General Obligation Bond Law by reference.
rt (f) "Board" means the-State Librarian,.the Treasurer,
28 the Director of Finance, . the Assembly, Member
29 appointed: by the· Speaker of the Assembly, and the
30 Senator appointed by the Senate Rules Committee. The
31 term ''boara" as used in this chapter also has the same
32 meaning as defined in subdivision (c) of Section 16722 of
33 the Government Code.
34 Legislative members of the.board shall meet with, and
35 ,participate in, the work of the board to the extent that
36 their participation is not incompatible with their duties as
:rt Members of the-Legislature. For the ·purposes of this
38 chapter, Members of the Legislature who are board
39 members shall constit.ute a joint legislative committee on
40 the subject matter of this chapter . . .
' i
f
SB 2493 -4-
1 Article 2. Authorized Uses of Funds
2
3 19960. All moftey moneys deposited in the fund shall
4 be available for grants to any city, county, city and
5 county, or district that is empower.ed at the time of the
6 project application to own and maintain a facility, which
7 maintains any public library, for the .acquisition,
8 1 conshuction, remodeling, or rehabilitation of facilities for
9 public. library services. . .
10 . 19962. The ·grant funds authorized pursuant to
11 Section 19960 and the matching funds provided pursuant
12 to Section.19969 shall be used by the recipient for any of
• 13 the following purposes: .
1-. (a) Acquisition or construction ·of. new• facilities or
15 additions to epsting facilities. ,
16 {b) AcqUisition of land necessary fqr purposes of
17 subdivision-{a).
18 (c) Remodeling of existing· facilities • for energy
. 19 conservatiqn purposes. .
20 {d) Remodeling.of existing facilities to provide acce~
. 21 for the disabled . • , _ .
22 { e) Rehabilitation of existing facilities .to qring 'them
23 into compliance with current health and safety
24 . requirements for public facilities.
25 (£) ,Procurement and installation of shelving fastened
26 to the structure, and built-in equipment required to
. zr. make a facility fully operable. • •
28 • (g) • Payment of fees charged-.by architects, engineers,
29 and other design professionals whose service~ are
30 req~ed to plan and execute a project author~":ed
31 • pursuant· to ~-chapter. .
• 32 19963., No. grant funds authoriz~ pursuant to Sectio.n
33 19960 or matching funds provided pursuant ·to Sectio11
34 • 19969 shall be used by a recipient for any of the following
35 purposes: • • . • .
36 . • {a) Books and other library materials.
37 {b): Administrative costs of the project, including, but
38 not .limited to, the costs of all of the following:
39 • (1) Preparation of the grant application.
40 (2) Procurement of matching funds.
gr 100
t.)
.t)
•.
0
(J
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
-5-SB 2493
(3) Conducting an election for obtaining voter
approval of the proj,ect.
(4) Plan checking and code compliance inspections.
( c) Interest or other carrying charges for financing the
project, including, but not limited to, costs of loans or
lease-purchase agreements in excess of the direct costs of
any of the authorized purposes specified in Section 19962.
( d) Any ongoing operating expenses for the facility, its
personnel, supplies, or any other library operations.
19964. All construction contracts for projects funded
in part through grants awarded pursuant to this chapter
shall be awarded through competitive bidding pursuant
to Part 3 ( commencing with Section 20100) of the Public
Contract Code.
Article 3. Administration
1s 19965. ~.chap~:k!l~=edliy:the~Stat•
19 ttibt~~h~sliiltiaop.t·r:utes;t-egmat!2,l}!i'.!ll4~!!91'.f
20 e!or:tlie:Jmi>l~laUoAbtthi&~cliapte1.
21 19967. A city, county, city and county, or district may
22 apply to the State Librarian f9r a grant pursuant to this
23 chapter, as follows:
24 (a) Each application shall be for a project for a
25 purpose authorized by Section 19962.
26 (b) The ·applicant shall request a minimum of
~ thirty-five thousand dollars ($35,000) per project.
28' (c) No application shall be submitted for a project for
.29 which construction bids already have been advertised.
30 19969. ( a) Each . grant recipient shall provide
31 matching funds from any available source in an amount
32 equal to 25 percent of the cost of the project. The
33 remaining 75 percent of the cost of the project shall be
34 provided through allocations fro~ the fund.
35 (b) Qualifying matching funds shall be cash
36 expenditures made no earlier than three years prior to
37 the submission of the application to the State Librarian.
38 Except as otherwise provided in subdivision (c), in-kind
39 expenditures shall not qualify as matching funds.
40 (c) Land donated or otherwise acquired for use as a
ff1 120
7
SB 2493 -6-
1 site for ths facility, inducting, but not limited to, land )
2 purchased more than three years prior to the submission
3 of the application to the State Librarian, may be credited
4 towards the 25 percent matching funds requirement at its
5 appraised value as of the date of the application.
6 19971. An amount not to exceed 1 percent of the cost
7 of construction may be used for appropriate works of art ) 1
8 to enhance the facility.
9 19973. (a) The estimated costs of a project for which
10 an appiication is submitted shall be consistent with
11 normal public construction costs in the applicanf s area.
12 (b) An applicant wishing to construct a project with
13 costs which exceed normal public construction costs in
14 the applicant's area may apply for a grant in an amount
15 not to exceed 75 percent of the normal costs if the
16 applicant certifies that it is capable of financing the
17 remainder of the project costs from other sources.
• 18 19975, Once an applictttion has been approved by the
19 board and inclucled in the State Librarian's request to the
20 committee pursuant to Section 19991, the amount of
21 funding to be provided to the applicant shall not be J!J
22 increased or decre~ed. Any actual changes in project
23 costs shall be t.1ie full resporu,ibility of the applicant! ,
24 19977. tr-.~11np)icali'-~':thi:~~lialt ~ ...... ~•~1c:~,.r.;;_~.: ... ~ 25 ~'llb)f'tht~.11~: )·
26 (a) ~metut~llirat"areii:\ ".
27 (b) ~~~~tiQj( • --wth.3
28 (c) €l1-l!!!&ID~@iiDf ~lc: library .. ~l
29 (d) m: ...... ce .. of -the''m'-•...1·-,,.rotxAf••ftott1•""oth•
30 ~4!!: Bil1~iiut~~~--~•-~lc'--:.l~'=--'" ·-=-
31 (iL~~9>qgftion:-.9f~~
32 • 19979. (a) A facility, or the part thereof, acquired,
33 constructed, remodeled, or rehabilitated with grants
34 received pursuan~ to this chapter shall be dedicated to )>,
35 public library dir.ect service use for a period of 20 years
36 following completion of ilie project, or the useful life of
37 the bujlding, whichever is longer.
38 (b) If the facility, or part thereof, acquired,
39 constructed, remodeled, or rehabilitated with grants
40 received pursuant to this chapter ceases to be useq for ) ,
97 uo
0
0
0
0
o.
()
-
-7-SB 2493
1 . public library direct service prior to the expil'ation of the
2 period specified in subdivision, (a), the board shall be
3 entitled to recover from . the. grant recipient or the
4 recipient's-successor in the maintenance of the facility, an
·5 amount which bears the same ratio to the value ·of the
6 facility, or the appropriate part thereof, at the time it
7 ceased to be used for public library direct service as the·
8 amount of the grant bore to the cost of the facility or
9 apprcpriate part thereof. For purposes of this subdivision,
10 ·the value of the facility, or the appropriate part thereof,
11 shall be determwed by the mutual agreement of the
12 parties, or through-an action brought for that purpose in
13 the superior court. .
14 (c) The board may i'ele,.~e the grant recipient or the
-15. recipient's successQr in the maintenance of the facility
16 from its obligation under subdivision (a), and waive the
17 requirements of subdivision (b), if the board detennines
18 'that so doing _would not diminish the quality of public
19 library servi~e in the community sen ed by the facility.
20. (d) Notwjthstanding subdivision (f) of Section 16'724
21 of the Government Code, moneys recovered pursuant to
22 subdivjsion (b) shall be deposited in the fund, and shall
23 be available for the purpose of awa:ding grants for other
24 projects. • ~
25
26 Article 4. Fiscal Provisions
~
28 19985. There is hereby created in the State Treasury
29· the California Library Construction and Renovation
30 Fund. Notwithstanding Section 13340 of th~. Government
31 Code, the ·fund shall be continuously appropriated
32 without regard to fiscal year. .
33 19986. The· California Library Construction and
34 Renovation Finance Committee is hereby established.
35 The finance committee is comprised of three members,
36 including a chairperson. The members shall be:
37 (a) The Treasurer, or his or her designee, who shall be
38 the chair.person of the finance committee.
39 (b) The State Librarian.
40 ( c) The Director of Finance.
ff( 160 1 .
SB 2493 -8-
1 19987. For the purpose of cre~ting !l fund to provide JJ))
2 for construction and renovation of public library facilities -
3 in accordance with this chapter, and of all acts
4 amenclatory thereof and supplemental thereto, the
5 cQmmittee may create a debt or debts, liability or
6 liabilities, of the State of California, in the aggregate
7 amount of not more' than ene ffl:lftereti ~ lftillj_eft '))))
8 dollars ($160,QQQ,QQQ~ ift tfte !ftftflfter prel'/ieeti lterem.
9 -two hundred million dollars ($200,()()(),000) in tlie manner
10 provided herein. The moneys realized from. the sale of
ll fifty million dollars ($50,000,000) of this amount shall be
12 allocated for purposes of the reconstruction and
13 • renovation of the Los Angeles Central Library.
14 • 19988. All bonds authorized by this chapter, when
15 duly sold and delivered as provided herein, constitute
16 valid and legally binding general obligations of the State
17 .of California; and the full faith and credit of the State of
, 18 California is hereby pledged for the punctual payment of
10 both principal and interest thereof. . . .
·20 There shall be-collected annually in the same manner-· .
21 and at the same time as other state revenue is collected ,J>1J
22 a sum of money, in addition to the ordinary revenues of -
23 the state, sufficient to pay the principal and interest on
24 these bqnds as provided herein, and all officers _required
25 by.law ~o perform any duty in r~gard to the collection of ))2)
26 state revenues shall collect this additional sum. •
Z'/ 19989. There is hereby appropriated from the .
28 General Fund, for pl!n)<>ses of this chapter, a rum of
29, money that will equal.both of the following:
30 (a) That sum annually nec~ssary to pay the principal
31 of, and the interest on, the bonds issued and sold as
32 provided herein, as that principal and interest become
33 due and payable.·
34 • (b) That sum necessary to carry out Section 19990, not :J.)_))
35 te e:Pleoed ene httnd!'eti na,, fflillien tiellft!'B ($169,QQQ,998)
36 to exceed two hundred million dollars ($200,000,000),
37 appropriated without regard to fiscal ,years.
38 19990. For purposes of this chapter, the Director of
39 Finance may, by executive . order, authorize the
40 withdrawal from the General Fund of a swn of money not ).))J
rn 190
,0
0
0
0
0
0
SB 2493
1 to exceed the amount of the unsold bonds which the
2 committee has by resolution authorized to be sold for the
3 • purposes of this chapter. A,ny sums withdrawn shall be
• 4 deposited in the California Library Construction and
5 Ren9va~on Fund. The money withdrawn. from the
6 General Fund shall be ·returned to the General Fund with
1 interest at the rate earned by the money in the Pooled
8 Money Investment A,;:count during the time the money
9 was withdrawn from the General Fund pursuant to this
10 section. ,,. . .
11 • 19991. ·upon request of the State Librarian, supported
12 by a statement of the plans and projects approved by the
13 bo~d, the committee shall determine whether to issue
14 any bonds-authorized under this chapter. in order to carry
15 out the board's plans and pfr~ects, and, if so, the amount
16 of bonds to be issued an4 ~old. Successive issues of bonds·
17· may be .authorized and sold to carry out these plans and
18 P,rojects progressively, and it is.not necessaey that all the
19 bonds be issued or sold at any one time. , ,
20 • ~~. The committee may authorize the Treasurer
21 to sell all or any part of·the bonds authorized J>y thjs
22 phapter at the time or-m:nes fixed by the Treasurer. •
23 Whenever the committee deems. it necessary for an •
24 effective sale of th.e bonds, the committee.may authorize
25 the Treasurer to ·sen (lily issue of bonds at less than their
26 par • value, notwi~ding Section 16754 of the
ZT Gove~ent·Code. ·However, the discount on the bonds
28 shall not exceed _3 percent of the -par value thereof.
29 19993" Out of the first money realized from the sale of
30 bonds as provided herein, there shall be redeposited in
31 the General Obligation Bond Expense Revolving Fund,
32 ·established by Section 16724.5 of the Government Code,
33 'the am_9unt of all expenditures made for the purposes
34 specified in that section, and "this money may be used for
• 35 the • same purpose and repaid in the same manner
36 whenever additional bond sales are made.
37 • SEC. 2. Section 1 of this act shall take effect upon the
38 adoption by • the people of the California Library
39 Construction and Renovation Bond Act of !986, as set .
40 forth in Section 1 of this act.
'i/1 210 •.
1.J.
l '2--
SB 2493 -10-
1 SEC. 3. • Notwithstanding Sections 3525 and 10218 of ~
2 the Elections Code or any o~er provision of law, the -#J)
• • 3 California Library Construction and Renovation Bond
.4 Act of-1986, as set forth in Section. I of this act, shall be
5· submitted to the people of the State of California for their
6 ratification at the general election to be held November
7 4,. 1986. Section I of this act shall be submitted to the J)
8 voters in. substantial accordance. with provisions of the
9 Government Cod~ and ~ections Code· gov~rning
10 submission of statewide measures to the voters at a
• 11 statewide election.
12 ~EC. 4.. The requirement of Section 3572 of the
13 Elections Code that the analysis of the measure by the
14 Legislative Analyst be submitted to .a committ~.of five
15 persons shall not apply to the measure set forth in this,act.
16 SEC. . 4.5. Notwithstanding Sectio~ 3569 of the
17 Elections Code, the Secretary of State shall be allowed
18 not more than 16 additional days, as require~ to furnish
19 • copy for preparation of the ballot pamphlets for the
20 general election to be held .Nov~mbel" 4, 1986, to the
21 O,iice of State Printing. · • ' I)
22 SEC. 5. All b?llots at the ~lection shall have .printed
23 thereon, in a. square, t:ne words: "California Library
. 24 ·Construction and 'Qenovation Bond Act of 1986," and in
~ the ~e square un1er the words the following in 8-point J)
26 type: "This act provides for a bond issue of eec Maree
~ ~ millien eellus E$1:6'>,QQQ,QQQ ➔ two hundred million
28 dollars ($200,0<XJ,OOO) for construction and renovation of
29 . public library facilities." Opposite the square, there shall
30 be left spaces in whi.ch the voters may place a cross in the
31 manner required by law to indicate whether they vcte
32 for or against the act. Where the voting of the election is
33 done by means of voting machines used pursuant to law
34 in a manner that carries out the-intent of this section, the Jo
35 use of the voting machines, and the expression of the
36 voters' choice by means thereof, are in cQmpliance with
37 this section. , ·
38 SEC. 6. ,This act is an urgency statute necessary for
39 the immediate p~eservation of the public peace, health,
40 or safety within the meaning of Article IV of the )
gr DI ...
t
t
t
I t
I
!
' J -t
' l
i t
f
--\'
1
L
I
! ,;
f.
I ~)
l /,
-11-SB 2493
1 Constitution .and shall go h)to immedi!ite effect. The facts
2 constituting the necessity are:
3 ~ qrder that the me&Sl'.Te proposed by this act may be
4 submitted to the voters at the gener~ election to be held
5 November 4, 1986, it is necessary that this act take effect
6 immediately:
,.
o·· . '
.. ,
"
,,
'i1t ~