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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 ~