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HomeMy WebLinkAbout1987-07-14; City Council; 9089; California State Coastal Conservancy Bond Actz 0 ~ .J 6 z :::, 8 CIT~OF CARLSBAD -AGEND....,BILL {,;~ Af!H 2_/J?f 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). l • 4 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f 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, •. l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: . 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 97 40 -2-.. , 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 9 .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 97 80 -3-AB 639 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 I 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. 97 100 AB 639 -4- 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 97 130 I f t l \ t f { t l i ~ I l ' l l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -5-AB 639 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, 97 170 AB 639 -6- 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 'iJ7 190 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 • 23 24 25 26 r 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -i-AB 639 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 rn 210 I l 1 l I ! I } l t i ' i ' i { f I I I , ...... AB 639 -8- 1 2 3 ,4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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. 0 97 230