HomeMy WebLinkAbout1987-07-14; City Council; 9089; California State Coastal Conservancy Bond Actz
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CIT~OF CARLSBAD -AGEND....,BILL {,;~
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MTG.07/14/87
DEPT. MP
SUPPORT FOR AB 639 (KILLEA)
BOND ACT FUNDING FOR THE
CALIFORNIA STATE COASTAL CONSERVANCY
RECOMMENDED ACTION:
Adopt Resolution No. 9/J'Z) supporting AB 639 (Ki~lea)
authorizing the issuance or a State bond act to fund coastal
resource conservation programs of the California State Coastal
Conservancy.
ITEM EXPLANATION:
AB 639, authored by Assemblywoman Lucy Killea of San Diego, would
enact the Coastal Resources Conservation Bond Act of 1988 which,
if adopted, would authorize the financing of coastal resources
conservation programs of the California State Coastal
Conservancy. This Bill would provide for the submission of the
bond act at the next statewide election. The specified issuance
in accordance with State General Obligat:.1011 Bond Act law is
proposed to be in the amount of $200 million for projects
statewide.
The California State Coastal Conservancy has played a koy role
recently in the funding of access stairways for the Carlsbad
Boulevard Seawall project. There are several potential Carlsbad
projects such as additional Seawall access stairways, beach
parking facilities and other future beach access structures that
may qualify for grants from the Conservancy. Additionally, the
Conservancy is involved as a participant in the City's Batiquitos
Lagoon Enhancement Project.
Staff recommends the City Council adopt the attached Resol :ion
expressing a position of support for this legislation.
FISCAL IMPACT:
AB 639 (Killea) would authorize the issuance of State General
Obligation Bonds in the amount of $200 million. The City of
Carlsbad could potentially become a recipient of grant funds for
approved beach access projects under this program.
EXHIBITS:
1. Resolution No. 9/J7J supporting AB 639 (Killea) authorizing
the issuance of a State bond act to fund coastal resource
conservation programs of the California State Coastal
Conservancy •
2. AB 639 (Killr:a).
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RESOLUTION NO, 9150
A RESOLUTION OF THE C~TY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNirt, SUPPORTING AB 639 (KILLEA)
AUTHORIZING TH£ lSSUANCE OF A STATE BOND ACT TO
FUND COASTAL RESOURCE CONSERVATION PROGRAMS OF
THE CALIFORNIA STATE COASTAL CONSERVANCY
WHEREAS, Assemblywoman Lucy Killea has authored Assembly
Bill No, 639 co~cerning the Coastal Resources Conservation Bond
Act of 1988; and
WHEREAS, AB 639, if adopted, would authorize the financing
of coastal resources conservation programs of the California
State Coastal Conservancy; and
WHEREAS, the California State Coastal Conservancy performs
necessary and bene,icial resource conservation programs
throughout the state of Califnrnia; and
WHEREAS, the City of Carlsbad has received in the past the
assistance and cooperation of the California State Coastal
Conservancy, as well as Conservancy grant funds to install
beach access structures within the city of Carlsbad; and
WHEREAS, the City of Carlsbad expresses its complete
support of the work of the California State Coastal
Conservancy; and
WHEREAS, the proposed Coastal Resources Conservation Bond
Act of 1988 would provide funding for coastal resource
conservation projects throughout the state of California and
potentially the city of Carlsbad;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct,
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2. That the City Council of the City of Carlsbad,
California, hereby expresses a position of support for Assembly
Bill 639 (Killea).
3. That the City Council of the City of Carlsbad,
Califor~ia, authorizes the Mayor to forward a copy of this
approved Resolution and letter of support for the passage of
this legislation to its author Assemblywoman Lucy Killea, the
Executive Director of the California State Coastal Conservancy,
as well as Carlsbad's local legislative representatives.
PASSED, APPROVED, ANO ADOPTED at a regular meeting of the
Carlsbad City Council held on the 14th day of July ---------
1987 by the fellowing vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
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AMENDED IN ASSEMBLY JUNE 1, 1987
AMENDED IN ASSEMBLY MARCH 23, 1987
CALIFOR~IA LEGISLATURE-1987-88 REGULAR SESSIOr>;
ASSEMBLY BILL No. 639
Introduced by Assembly Member Killea
(Principal coauthor: Assembly Member Hill)
(Co~uthors: Assembly Members Bates, Chacon, Cor.ese,
Costa, Eastin, Elder, Farr, Filante, Frazee, Hannigan,
Hauser, Mojonnier, Moore, O'Connell, Polanco, and Sher)
• (Coauthors: Senators Craven, Deddeh, and Rosenthal)
February 17, 1987
An act to add Chapter 1.692 ( commencing with Section
5096.500) to Division 5 of the Public Resources Code, relating
to financing a coastal resources conservation program by
providing the funds necessary therefor through the issuance
and sale of bonds of the State of California and by providing
for the handling and disposition of those funds.
LEGISLATIVE COU~SEL'S DIG~"T
AB 639, as amended, Killea. Coastal Resources
Conservation Bond Act of 1988. '
Under existing law, the State Coastal Conservancy is
authorized to carry out resources' conservation programs in
the coastal zone and specified portions of the San Francisco
Bay area.
This bill ,,1ould enact the Coastal Resources Conservation
Bond Act of 1988, which, if adopted, would authorize, for
purposes of financing a coastal resources conservation
program of the conservancy, as specified, the issuance,
pursuant to the State General Obligation Bond Law, of bonds
in the amount of $200,000,000.
The bill would provide for submission of the bond act to the
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voters ·at the next statewide election in accordance with
specified la'Y. . . .
Vote: %: Appropriation:· no. Fiscal committee: yes.
State-mandated local program: no. '· ,. .,\-.' ~ ~
-~ The:; pe~pl; ~[ th; "si;t~-~f Cctlifor~i; do ena~t as follows:
1 SECTION • 1. Chapter. 1.692 ( commencing with
2 Section 5096.500) is added to Division 5 of the Public
3 Resources Code, to read: 1
4 •.. . ; . •
5-CHAPTER 1.692. COASTAL RESOURCES CONSERVATION
6'' ., , ... '• BOND ACT OF 1988 T •1. ·._:;··, ••• ' •
8 Article 1. General Provisions
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.10 5096.500. This chapter· shall be known and may be
11 ci_ted as the Coastal Resources Conservation Bond Act of
12, 1988. ,:.-.:..:;.., -··= :..:·.--;; •-" '.". ·: .. -.-,_ --~
13 50~6.501. The Legislature finds and declares all of the
14 follO\ying:: u: • • . .. •.
15, . ..:: (a} The shoreline of California along with associated
16 beaches and streams contain some of the most valuable
l 7: lands in tlie state for a • variety of uses and purposes,
18: including fishing, as habitat for wildlife and plants,
19 passive and active recreation, commerce and industry,
20 science, and cultural activities. ~owever, these lands
21 have been overutilized and have been the scene of
22 comp0tition and confrontation among users.
23 C)) Both the natural and built environment of the
24 state•s coastal shores and associated beaches and streams
25 have lost value over recent decades due to
26 civerutilization, past po'or planning practices, and natural
27 deterioration.
28 ( c) Due to their location near population centers as
29 weU as their intrinsic natural character, and despite their
'30 current overutilization, many of these areas have great
31 potential for continued and increased use for a variety of
32 purposes, including, but not limited to, fish and wildlife
33 habitat, public recreation, tourism, commercial fishing
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1 and other coastal dependent industries, commercial
2 recreational enterprises, res~arch, education, and
3 interpretive centers. ' •
4 (d) In the past, large contributions of public funds
5 have been made in shoreline areas which have
6 contributed to an increase of wealth, employment, and
7 industry in the state, but in recent decades investments
8 in shorefront areas have been relatively small.
9 (e) In order to increase the utilization of the state's
10 shorefront, beaches, and streams in a manner which is
11 compatible with the state's goals for environmental
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12 quality, there must be new state initiatives and funding
13 for these areas.
14 (f} ·Due to conflicts between competing users of the
15 state's shores, beaches, and streams, state funds for these
16 areas should be spent in a manner which creatively
17 reduces these· conflicts using a range of appropriate
18 methods, including acquisition of land, and public and
19 private partnerships in development as well as
20 preservation of land and acquisition of easements and
21 other less than fee interests in land.
22 (g), The State Coastal Conservancy has broad powers
23 to protect, restore, and enhance natural resources within
24 the state's waterfront areas, and to act to reduce conflicts
25 between competing users. Provision of funding to the
26 conservancy will help to ensure that these most valuable
27 of lands can be protected, preserved, and used for the
28 benefit of the people of the state.
29 5096.502. As used in this chapter, the following terms
30 have the following meanings: ,-...
31 (a) "Committee" means the Coastal Resources
32 Conservation Finance Committee created pursuant to
33 Section 5096.512. •
34 (b) "Conservancy" means the State Coastal
35 Conservancy.
36 (c) "Fund" means the State Coastal Conservancy
37 Bond Fund created pursuant to Section 5096.503.
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1 Article 2. Coastal Resources Conservation Program
2
3 5096.503. The proceeds of bonds issued and sold
4 pursuant to this chapter shall be deposited in the State
5 Coastal Conservancy Bond Fund, which is hereby
6 created. The money i11 the fimd shull be av,iilable, upon
1 appropriation by the Legisl.iture in the Budget Act,
8 subject to the conditions iJ1 Sections 5096.504 ,md
9 5096.505.
10 5096.504. (a) Subject to the allocations specified in
11 subdivision (b), one hundred ninety-five million dollars
12 ($195,000,000) of the money in the fund shall be available
13 for appropriation to the conservancy in accordance with
14 and for the purposes of Division 21 (commencing with
15 Section 31000), including, but not limited to, the
16 follow~ng: .
17 . (1) Projects which promote or restore facilities
18 needed for increased tourism or recreational
19 opportunities, or any combination thereof.
20 (2) Projects designed to protect, restore, or enhance
21 natural resources.
22 (3) Projects which promote increased public access to
23 the state's coastal resources, beaches, and shorefront
24 areas.
25 ( 4) State administrative expenses.
26 (b) Except as may be required for state
27 administration, funds shall be allocated as follows:
2u (1) One hundred million dollars ($100,000,000) for
29 local assistance to cities, counties, districts, and nonprofit
30 organizations, except that not more than fifteen million
31 dollars ($15,000,000) of this amount shall be available for
32 nonprofit organizations. ,
33 (2) Twenty-five million dollars ($25,000,000) for
34 projects in the San Francisco Bay region.
35 (3) Through the 1997-98 fiscal year, twenty-five
36 million dollars ($25,000,000) for projects approved by the
37 County of Monterey as provided in Division 21
38 (commencing with Section 31000), that carry out the
39 certified Big Sur Land Use Plan and thereafter for any
40 purpose autl).orized in Division 21 ( commencing with
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Section 31000).
(4) Forty-five million dollars ($45,000,000) for
expenditure by the conservancy for the general purposes
of Division 21 ( commencing with Section 31000), except
'that up to twenty million dollars ($20,000,000) of this
amount may be expended to reserve sites for the state
park system. A portion of this amount may be expended
bv the conservancv for a demo11stn1tio11 natural area
co11senatio11 and public recreation project in the City of
S,mt,z Barbara or the County of Sant,1 B,zrbara consistent
with Division 21 (commencing with Section 31000).
5096.505. Five million dollars (85,000,000) of the
money in the fund shall be available for appropriation to
the Department of Boating and Waterways for grants
which support qualified regional approaches to shoreline .
erosion control. A joint powers agreement, prm·iding for
planning studies or erosio11 control projects, among at
least a majority of coastal jurisdictions adjoining a littoral
cell shall constitute a qualified regional approach to
shoreline erosion control. To the extent that any erosion
control project Funded under this section benefits private
property, the Department of Boating and Waterways
shall require the affected private property owners to
fund their share of the project through the formation of
a special assessment district or through other appropriate
methods.
Article 3. Fiscal Provisions
5096.510. Bonds in the total amount of two hundred
million dollars ($200,000,000), or so much thereof as is
necessary, may be issued and sold to provide a fund to be
used for carrying out the purpose expressed in this
chapter and to be used to reimburse the General
Obligation Bond Expense Revolving Fund pursuant to
Section 16724.5 of the Government Code. The bonds
shall> when sold, be and constitute a valid and binding
obligation of the State of California, anc the full faith and
credit of the State of California is hereby pledged for the
punctual payment of both principal of, and interest on,
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1 the ponds as the principal and interest become due and
2 payable.
3 5096.511. The bonds authorized by this chapter shall
4 be prepared, executed, issued, sold, paid, and redeemed
5 • as provided in the State General Obligation Bond Law
6 (Chapter 4 (commencing with Section 16720) of Part 3 of
7 Division 4 of Title 2 of the Government Code), and all of
8 the provisions of that law apply to the bonds and to this
9 chapter and are hereby incorporated in this chapter as
10 though set forth in full in this chapter.
11 5096.512. (a) Solely for the purpose of authorizing
12 the issuance and sale, pursuant to che State General
13 Obligation Bond Law, of the bonds authorized by this
14 chapter, the Coastal Resources Conservation Finance
15 Committee is hereby created. For purposes of this
16 chapter, the Coastal Resources Conservation Finance
17 Committee is "the committee" as that term is used in the
18 State General Obligation Bond Law. The committee
19 consists of the Treasurer, the Controller, the Director of
20 Finance, and the Secretary of the Resources Agency, or
21 their designated representatives. A majority of the
22 committee may act for the committee.
2.,'l (b) For purposes of the State General Obligation Bond
24 Law, the conservancy is designated the "board."
~15 5096.513. The committee shall determine whether or
26 not it is necessary or desirable to issue bonds authorized
27 pursuant to thici chapter in order to carry out the actions
28 specified in Sections 5096.504 and 5096.505, and, if so, the
29 amount of bonds to be issued and sold. Successive issues
30 of bonds may be authorized and sold fo carry out those
31 actions progressively, and it is not necessary that aJI of the
32 bonds authorized to be issued be sold at any one time.
33 5096.514. There shaJl be collected each year and in
34 the same manner and 'at the same time as other state
35 revenue is collected, in addition to the ordinary revenues
36 of the state, a sum in an ainount required to pay the
37 principal of, and interest on, the bonds each year, and it
38· is the duty of all officers charged by law with any duty in
39 regard to the collection of the revenue to do and perform
40 each and every act which is necessary to collect that
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additional sum.
5096.515. 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 interest on, bonds issued and sold pursuant to this
chapter, as the principal and interest become due and
payable.
(b) The sum which is necessary to carry out the
provisions of Section 5096.516 appropriated without
regard to fiscal years.
5096.516. For the purposes of carrying out this
chapter, the Director of Finance may authorize the
withdrawal from the General Fund of an. amount or
amounts not to exceed the amount of the unsold bonds
which have been authorized by the committee to be sold
for the purpose of carrying out this chapter. Any amounts
withdrawn shall be deposited" in the fund. Any money
made available under this section shall be returned to the
General Fund from money received from the sale of
bonds for the purpose of carrying out this chapter .
5096.517. All money deposited in the fund which is
derived from premium and accrued interest on bonds
sold shall be reserved in the fund and shall be available
for transfer to the General Fune.I as a credit to
expenditures for bond interest.
5096.518. 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 that article.
5096.519. All proposed appropriations for the
program under Sections 5096.504 and 5096.505 shall be
included in a section of the Budget Bill for consideration
by the Legislature and shall bear the caption "Coastal
Resources Conservation Program.'' The section shall
contain separate items for each project, each class of
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projects, ()r each element of the program for which an
approprfation is made.
5096.520. All appropriations shall be subject to all of
the limitations enacted in the Budget Act and to all of the
fiscal procedures prescribed by law with respect to· the
expenditure of state funds, unless expressly exempted
from those laws by a statute enacted by the Legislature.
The section of the Budget Bill specified in Section
5096.519 shall contain proposed appropriations only for
the program elements and classes of projects
contemplated by this chapter, and no funds derived from
the bonds authorized by this chapter shall be expended
pursuant to an appropriation not contained in that
section.
SEC. 2. Section 1 of this act shall take effect upon the
adoption by the voters of the Coastal Resources
Conservation Bond Act of 1988, as set forth in Section 1
of this act. • •
SEC. 3. Section l of this act shall be submitted to the
voters at the ne)i;t statewide election in accordance with
provisions of the Government Code and the Elections
Code governing submission of statewide measures to the
voters.
SEC. 4. Notwithstanding any other provision of law,
all ballots of the election shall have printed thereon and
in a square thereof, the words: "Coastal Resources
Conservation Bond Act of 1988;' and in the same square
under those words, the following in 8-point type: "This
act provides for a bond issue of two hundred mill1on
dollars ($200,000,000) to provide funds for a coastal
resources conservation program." Opposite the square,
there shall be left spaces in which the voters ma) place
a cross in the manner required by law to indicate whether
they vote for or against the act.
Where the voting in the election is done by means of
voting machines used pursuant to law in the manner that
carries out the intent of this section, the use of the voting
machines and the expression of the voters' choice by
means thereof are in compliance with this section.
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