HomeMy WebLinkAbout2001-09-24 City Council (4)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT:COMMUNITY SERVICES
DATE:
SUBJECT:
SEPTEMBER 24, 2001 CMR: 362:01
PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND
ACT OF 2000
This is an informational report and no Council action is required.
BACKGROUND
The California Reading and Literacy Improvement and Public Library Construction and
Renovation Bond Act (Bond Act) of 2000 makes available $350 million of State Bond
funds for the construction and renovation of California public libraries. The Bond Act
provides 65% of the eligible project costs (up to a project maximum of approximately
$30.8 million) with a local match of 35%.
This report provides a summary of the critical issues Palo Alto needs to consider in
preparation of a Bond Act application.
DISCUSSION
Eligible Projects and Awards
Funds are available for two types of construction, each of which has different
requirements and priorities for funding:
1. New buildings
The first priority for funding in this category shall be given to "joint use projects in
which the public library and the public school district have a 20-year cooperative
service agreement." The agreement does not require a joint library building.
Because the Children’s Library will be a remodeled and expanded facility, it is not
eligible for funding in this category. City decisions have not yet been made regarding
whether Main and Mitchell Park libraries will be torn down and replaced, thus
qualifying in the "new building" category, or remodeled and expanded. The site
feasibility studies underway this fall will explore the options.
CMR:362:01 Page 1 of 4
Given the significant size increase anticipated for Mitchell Park Library and the
limited site space, it has the greatest potential for complete replacement and, thus,
eligibility for grant funds under this fimding category. With the proximity of a middle
school and two elementary schools on the contiguous piece of property in south Palo
Alto, the value of a joint agreement for library services with the Palo Alto Unified
School District (PAUSD) in this area is the most competitive. In addition, there are
seven other factors the Board shall consider in evaluating applications:
1) needs of urban and rural areas;
2) population growth;
3) Age and condition of existing library;
4) the degree to which the existing library is inadequate in meeting the needs of
residents in the service area and the degree to which the proposed project responds
to the needs;
5) the degree to which the library’s plan of service integrates appropriate electronic
technologies into the project;
6) the degree to which the proposed site is appropriate for the proposed project and
its intended use;
7) the fmancial capacity of the local agency submitting the application to open and
maintain operation of the proposed library.
Of three libraries proposed for improvements, the Mitchell Park library will be most
competitive, in several of the above factors.
2.Remodeled and expanded buildings
First priority for funding in this category are those projects in ’"the attendance area of
an elementary, middle or high school that, at the time of the application, is identified
as having inadequate infrastructure to support access to computers and other
educational technology." These criteria will be rigidly enforced, i.e. only those public
libraries in communities with truly inadequate infrastructure will be considered. Palo
Alto schools do not fit this definition. Therefore, none of the three City library
projects will be competitive in this category.
In both categories, all other projects "shall be given second priority."
Application Timelines
The application form and administrative rule making for the Bond Act are proceeding
through the State processes for administrative regulations and are scheduled to be official
by the end of 2001. If all proceeds as scheduled, the three application funding cycles are:
1) June 14, 2002, for $150 million in awards;
2) March 28, 2003, for $110 million in awards
3) January 16, 2004, for remaining funds.
CIVIK:362:01 Page 2 of 4
Application Requirements
The application process is extensive and intensive, spelled out, not only in the 29-page
draft application form, but also in the detailed administrative regulations comprising 60
pages. Adherence to the regulations in an application will be essential for a competitive
application. See Attachment A for a list of the documentation and tasks required as part
of the application procedure. Given the rigorous requirements of the grant application,
it’s unlikely that a project will be ready for the first cycle.
While much of the documentation is available or will be developed through scheduled
site and architectural planning efforts, many tasks/reports are not yet assigned or have a
completion date that will make it difficult for Palo Alto to apply in the first cycle. For
example, a Community Library needs assessment report is required, for which
components are detailed in 5 ½ pages of single-spaced text. These components include:
description of methodology for the report; obtaining and analyzing demographics and
community, governmental, and school organizations served by the project; analysis of
library service needs; technology required; staff organization in the projected library, etc.
Preparing this report will require significant resources and expertise, which have not yet
been identified. Another example is completing the CEQA requirements since it is
anticipated that both Main and Mitchell Park projects will require CEQA reports, which
cannot start until the conceptual design parameters are known and which can require up
to a year to complete.
Finally, it is essential that the City have a solid plan for matching capital funds and for
the operational budget for services and staffing resources to be provided when the library
is opened. That is not. likely to occur prior to a revenue .election, tentatively planned for
November 2002. For further information, Attachment B is a summary of the most
frequently asked questions from the Califomia State Library’s website.
RESOURCE IMPACT
As in all grants, the quality of the applicatiOn is critical for success. An application will
require several months of effort to complete, even with the information and appropriate
policies in place. Resources to prepare the application, including staff and consultant
expenses, are being explored by staff. Staff will present a recommended plan to Council
after review by the Library Advisory Commission.
POLICY IMPLICATIONS
Applying for a Bond Act grant requires consideration of the following:
¯ Whether Main and/or Mitchell Park will comprise new construction or be expanded
and remodeled;
¯Which library project is (or projects are) most competitive for a grant;
¯Demonstration of City commitment to the 35% matching funds;
CMR:362:01 Page 3 of 4
¯The Bond Act cycle by which a competitive grant can be successfully prepared.
ATTACHMENTS
Attachment A:Documentation Required for Bond Act Applications
Attachment B:Frequently Asked Questions about Proposition 14
PREPARED BY:
REVIEWED BY:
Director of Libraries
Director of Community Services
CITY MANAGER APPROVA
Assistant City Manager
Members of the Library Advisory Commission
Karen Kang, Karen White, Libraries Now
Shelby Valentine, Friends of the Library
CMR:362:01 Page 4 of 4
ATTACHMENT A
Documentation Required for Bond Act Applications
¯Boundary survey.
¯Geotechnical report
¯CEQA report
¯Visual record of the library (video or photographs to show condition)
¯Map and visual record of the site
¯Preliminary title report.
¯Verification of site ownership
¯Property appraisal
¯Parking shared use agreement (if new construction)
¯Several studies, e.g. structural, energy audit, ADA, hazardous materials
¯Cooperative agreement with school district (if new construction and joint use project)
¯Community Library needs assessment
¯Library plan of service and budget for operation of the proposed project
¯Library building program (i.e. space study)
¯Conceptual building plans
¯Estimate of construction cost
¯Resolution from the City Council certifying the project construction budget, the
commitment of local funding match for project construction and operating budget for
library services planned
ATTACtEVIENT B
Frequently Asked Questions (FAQ’s) about Proposition 14"
What is Proposition 14?
Proposition 14 is a statewide bond measure that was approved by the voters of the
state of California on March 7, 2000, to sell $350 million of state general obligation
bonds for the purpose of public library construction and renovation.
Proposition 14 is often referred to as the "Library Bond Act of 2000," however, the
legal name is the California Reading and Literacy Improvement and Public Library
Construction and Renovation Bond Act of 2000.
Where can I get a copy of the Library Bond Act?
The Library Bond Act can be found in the California Education Code, Sections
19985-20011, or Click here to download and print a copy.
Who can provide more information about the Library Bond Act?
General Information:
Richard B. Hall
Library Bond Act Manager
Office of Library Construction
1029 J Street, Suite 400
Sacramento, CA 95814
Voice: (916) 445-9604
E-Mail: rhall@library.ca.gov
Information about the Title 5 Regulations including the Application Requirements :
Linda Springer
Library Consultant - Title 5 Compliance
Office of Library Construction
1029 J Street, Suite 400
Sacramento, CA 95814
Voice: (916) 445-9587
E-Mail: lspringer@library.ca.gov
Information about the Title 24 Plans Review Regulations and Building Standards
Barbara Silken
Library Consultant - Title 24 Compliance
Office of Library Construction
1029 J Street, Suite 400
Sacramento, CA 95814
Voice: (916) 445-9617
E-Mail: bsilken@library.ca.gov
Information about Library Planning and Program Technical Assistance
Pat Zografos
Library Consultant - Technical Assistance
Office of Library Construction
1029 J Street, Suite 400
Sacramento, CA 95814
Voice: (916) 445-9612
E-Mail: @library.ca.gov
Library Bond Act of 2000:9/12/01 1
Attachment B
What steps or "phases" will the Library Bond Act go through ?
The Library Bond Act will go through the following phases during its implementation:
1) Rulemaking for Program Regulations
Title 5 Program Regulations Rulemaking
Title 24 Building Standards Rulemaking
Regulations for both the application process and the plans review and construction
process must be completed first. It is anticipated that this process will be complete
by the January 1, 2002
2) Grant Applications, Staff Evaluation, Board Grant Awards & Grant Agreements
Grant Applications Prepared & Submitted
It is anticipated that the deadline for the first application cycle will be June 14, 2002
with subsequent deadlines of Mar(h 28, 2003 for the second cycle and January 16,
2004¯
Staff Evaluation
After determining eligibility, staffwill evaluate the grant applications based on the
"review consideration factors" stated in Education Code Section 199989. Depending
upon the number of applications, this process may take several months to complete
after the application deadline.
Board Grant Award Decisions
Once the staffhas completed evaluating the applications, the Board will meet to make
grant award decisions.
No more than $150 million of Library Bond Act grant funds will be allocated at the
first cycle. No more than $110 million of grant funds will be allocated at the second
cycle and the remaining funds will be allocated at the third and final cycle.
Grant Agreements
Immediately after grant award, successful applicants will enter into a grant agreement
with the California State Library for the construction of the public library building.
4) Architectural Plans Reviews
Project Plans Review & Acceptance by State Librarian
Once a grant agreement has been completed, grant recipients must submit
architectural plans for review and acceptance by the State Librarian.
Project Plans Review & Approval by State Access Compliance
Once a grant agreement has been completed, grant recipients must also submit
architectural plans for review and approval by the Access Compliance unit of the
Division of the State Architect (DSA)
Library Bond Act of 2000:9/12/01 2
Attachment B
Project Plans Review & Approval by DSA for "Field Act" Projects
Grant recipients with "Joint Use" public library construction projects that trigger the
Field Act requirements,
5) Project Construction, Grant Payments & Close Out
Construction of Public Library Building & State Grant Payments
After the completion and acceptance of architectural plans and specifications, grant
recipients may advertise the project for bids and begin construction.
After a grant agreement has been executed, grant recipients may request the payment
of state matching funds for planning costs and subsequently for construction costs on
a reimbursement basis.
Final Compliance Review and Audit for Project Close Out
Once the public library building project is completed, grant recipients should close out
the project by providing a fmal compliance review and any appropriate audits within
18 months after substantial completion of the project.
This step must be completed prior to the release of the final 10 percent of state funds.
What is the timetable to implement the Library Bond Act?
Click Here to see the most current version of the timetable.
My project is planned and ready to go. What do I do while I wait for the regulations
and application form to be written?
If local funding is not available to complete the project, then local jurisdictions that are
well along in their project planning process are in a position to be uniquely helpful
during the mlemaking process by making comments that could improve the program
requirements and the application form.
Further, they will be aware of the application form as it develops in the regulations
and will be able to modify their project as necessary or complete additional steps that
are required by the program requirements in order to be eligible to apply for a state
grant.
What is the name of the governing board for the Library Bond Act?
The California Public Library Construction and Renovation Board - referred to
hereafter as the "Board". (See Education Code Section 19986 [c].)
Who are the Board members?
The Board members are:
Dr. Kevin Start
The State Librarian
Philip Angelides
The State Treasurer
B. Timothy Gage
The Director of the State Department of Finance
Library Bond Act of 2000:9/12/01 3
Attachment B
Assembly Woman Ellen M. Corbett
Speaker of the Assembly Appointee
Senator Deirdre "Dede" Alpert
¯ Senate Rules Committee Appointee
Barton Pachino
Governor’s Appointee.
What are the powers of the Board?
The Board shall adopt rules, regulations, and policies for the implementation of the
Library Bond Act. (See Education Code Section 19992, 2nd sentence.)
The Board is also responsible for reviewing applications and making grant award
decisions. (See Education Code Section 19988 [a].)
Who is the California State Librarian?
Dr. Kevin Starr.
What is the State Librarian autho~’ized to do in the Library Bond Act?
The State Librarian shall administer the Library Bond Act. (See Education Code
Section 19992.)
The State Librarian is also one of the six (6) Board members. (See Education Code
Section 19986 [c].)
What is the State Librarian doing to administer the Bond Act?
The State Librarian has created the Office of Library Construction (OLC), which is
responsible for the develoment of the program regulations.
Further, OLC will provide planning and technical assistance to applicants in the forms
of web site documentation, workshops, publications and consultation.
Once applications have been submitted, the OLC staffwill evaluate the applications
and provide the State Librarian and Board with "fmdings" which will rank the
applications by priority and as to how each application met the review consideration
factors specified in Section 19989.
OLC staff will execute grant agreements and review architectural plans for successful
grant recipients.
OLC staff will also make state grant payments, monitor the construction project and
assist in the closing out of the project.
What is "rulemala’ng"?
California’s Administrative Procedure Act:
In California, it is the creation of program "rules, regulations and policies" utilizing the
public review and comment process established in California’s Administrative
Procedure Act (APA).
See Government Code Sections 11340-11359. The complete text of the APA is
viewable at <www.oal.ca.gov/apa.htm >.
Library Bond Act of 2000:9/12/01 4
Attachment B
California Code of Regulations:
The resultant rules created by state agencies and boards become part of the
California Code of Regulations (CCR) and carry the force of administrative law.
The complete text of the CCR is viewable at < www.calregs.com> by clicking in
"California Code of Regulations" in the left-hand sidebar.
Is the rulemala’ng process mandatory?
Yes, it is required by the Administrative Procedure Act, and by the Bond Act itself.
(See Education Code Section 19992.)
The Library Bond Act has not been exempted from the APA.
Is there any difference between "rules, regulations and policies"?
No, there is no legal difference in California under the provisions of the Administrative
Procedure Act; all must be included in the CCR.
How are program regulations created?
In Califomia, program "rules, regulations and policies" must be developed within the
framework of the Administrative Procedure Act.
The complete text of the APA and Office of Administrative Law (OAL) regulations
governing the rulemaking process can be found at http://www.oal.ca.gov.
What are the advantages of the rulemaking process?
There are numerous advantages, but some of the most important are:
First and foremost is the public’s ability to comment on the program regulations as
they are being developed. This should result in higher quality program regulations,
and requirements that don’t inadvertently exclude important local considerations.
Secondly, state agencies and boards are restricted to only creating rules that are
based in the law itself. They cannot arbitrarily create a rule without proper basis in
the law, nor can they adopt a rule that is contrary to the authorizing statute.
Finally, since the final adopted program regulations are published and available in the
California Code of Regulations and the State Building Code, they are accessible to
the public and all interested parties affected by the regulations and building standards.
Why do there need to be progratn regulations?
To make specific parts of the Library Bond Act that is not clear or is too general to
administer without further interpretation.
In particular, it provides the Board with a way to inform grant applicants what is
necessary to make application as well as how projects that receive funds will be
administered subsequent to grant award.
Library Bond Act of 2000:9/12/01 5
Attachment B
Who promulgates the rules and regulati3ns for the Library Bond Act?
The Board shall adopt rules, regulations, and policies for the implementation of the
Library Bond Act. (See Education Code Section 19992, 2rid sentence.)
Must the Board and local jurisdictions comply with the regulations?
Yes. Once complete, the regulations developed through the APA carry the weight of
administrative law.
Both the Board and local grant applicants/recipients must comply with the provisions
of the program regulations.
Can the Board change the program regulations?
Yes, but the Board must go back through the rulemaking process again to do so.
How much state funding will successful grant applicants receive?
The Board shall provide 65% of the eligible project costs, up to a state grant
maximum amount of $20 million. (See Education Code Section 19995 [a].)
The Board must provide no more and no less, than 65% matching funds because of
the use of the word "shaW’ in the Bond Act, which is mandatory. In other words, the
Board may not make a grant for more or less than 65% of the eligible project costs.
What is the local matching funds requirement?
The local grant recipient must provide 35% of all eligible project costs.
Grant recipients must also provide 100% of any other associated proj ect costs, which
are not considered eligible for the purposes of the Library Bond Act. (See Education
Code Section 19995 [a].) These funds are considered to be local "supplemental"
Can local matching funds be spent on anything other than eligible project costs?
No. All state and local matching funds must be spent oaly on "eligible project costs"
as defined in Education Code Section 19989.
However, local funds which are not being used to match state funds (supplemental
funds) may be expended on project costs that are not considered "eligible project
costs" for the Library Bond Act.
Do local matching funds have to be cash?
Yes. "Qualifying matching funds shall be cash expenditures in the categories specified
in Section 19989...". (See Education Code Section 19995 [b].)
How long ago could the expenditures have been made and still count as matching
funds?
No longer than three years prior to the submission of an application:
"Qualifying matching funds shall be cash expenditures in the categories specified in
Section 19989 which are made not earlier than three years prior to the submission of
Library Bond Act of 2000:9/12/01 6
Attachment B
the application to the State Librarian." (See Education Code Section 19995 [b].)
What i.fan architect was paid for plans for the library building over three years prior
to the application?
The Bond Act is permissive in that it states:
"Architect fees for plans and drawings for library renovation and new construction,
including, but not limited to, plans and drawings purchased more than three years
prior to the submission of the application to the State Librarian, may be credited
towards the 35 percent matching funds requirement." (See Education Code Section
19995[d].)
The critical word in this section of the Bond Act is "may". "May" is permissive, but
does not mandate the practice, as the use of the word "shall" would have.
The implementation of this section appears to be at the discretion of the Board. The
Board has decided to provide credit for such plans and drawings.
Can in-kind expenditures be used as part of the local match?
No. "Except as otherwise provided in subdivision (c), in-kind expenditures do not
qualify as matching funds." (See Education Code Section 19995[b].)
Subdivision (c) is permissive in that it states:
"Land donated or otherwise acquired for use as a site for the facility, including, but
not limited to, land purchased more than three years prior to the submission of the
application to the State Librarian, may be credited towards the 35 percent matching
funds requirement at its appraised value as of the date of the application." (See
Education Code Section 19995 [c].)
The implementation of this section appears to be at the discretion of the Board. The
Board has decided to provide credit for land unless the land is already owned by the
applicant and is dedicated to the operation of an existing public library.
What about land acquired with state school bond act funds?
Land acquired with recent state school bond act funds can not be credited towards
the 35 percent match:
"This subdivision shall not apply to land acquired with funds authorized pursuant to
Part 68 (commencing with [Education Code] Section 100400)".. (See Education
Code Section 19995 [c].)
Is the value of land leased by the applicant or the cost of the lease an eligible project
cost, or can credit toward the local match be obtained for leased land?
No. The Attorney General’s office has stated that leased land is not "acquired" and
therefore is not an eligible project cost, nor is the grant applicant able to claim credit
for it.
Can a grant applicant used leased land for a library construction project?
Based upon review by the Attorney General’s office, it appears that it may be
possible to place a project funded with Library Bond Act funds on lease land,
HOWEVER, the lease provisions will need to be restrictive and will have to be
Library Bond Act of 2000:9/12/01 7
Attachment B
reviewed and approved by the Attorney General’s office in consultation with the
State’s Bond counsel.
Is there a maximum state grant amount per project?
Yes. No state grant will be made for more than $20 million per project. (See
Education Code Section 19995 [a].)
To receive a $20 million grant, the project size must be $30,769,230 ($20 million is
65% of $30,769,230). Any project funds that are required over that amount will be
100% local funds.
In this case, the applicant must certify that it is capable of financing the remainder of
the project costs from other sources.
ls there a minimum state grant amount per project?
Yes. No state grant may be made for less than $50,000. (See Education Code
Section 19993 [c].)
This means that the total eligible project costs must be at least $76,923 for a project
to be eligible ($50,000 is 65% of $76,923).
Does the Bond Act mandate or limit project construction costs?
No, except in the case of "normal public construction costs in the applicant’s area".
(See Education Code Section 19996.)
The state will grant funds on a matching basis for construction cost up to the "normal
public construction costs in the applicant’s area".
The local grant applicant must pay 100% of any costs beyond the "normal" public
construction costs.
What are the "normal public construction costs" in my area?
"Normal public construction costs in the applicant’s area" is in the process of being
defined in the proposed Title 5 regulations.
An overall current (2001) statewide construction cost figure is published by Marshall
& Swift. This figure will be modified with a locality adjustment multiplier by County.
Which project costs are eligible costs?
Education Code Section 19989 specifies the purposes for which state and local
matching funds can be expended for and considered "eligible project costs".
Further, the proposed Title 5 regulations clarify and make specific which project costs
are eligible costs.
Can Bond Act fitnds be used to build a new public libraO, building?
Yes, new public library construction costs are eligible project costs under the Library
Bond Act. (See Education Code Section 19989 [a].)
Library Bond Act of 2000:9/12/01 8
Attachment B
Can Bond Act funds be used to purchase an existing building for conversion into a
public library?
Yes, the acquisition cost of an existing building for the purpose of converting it into a
public library is an eligible project cost. (See Education Code Section 19989 [a].)
Can Bond Act funds be used to expand an existing public library?
Yes, additions .to existing public library buildings are eligible project costs under the
Library Bond Act. (See Education Code Section 19989 [a].)
Can Bond Act funds be used to acquire land for a public library building?
Yes, land acquisition costs are eligible project costs under the Library Bond Act as
long as the land is used for the purpose of acquiring, constructing or expanding a
public library building. (See Education Code Section 19989 [b].)
Can land previously donated to the grant applicant for the library project be used as
credit toward the local match?
The Bond Act is permissive in that it states:
"Land donated or otherwise acquired for use as a site for the facility, including, but
not limited to, land purchased more than three years prior to the submission of the
application to the State Librarian, may be credited towards the 35 percent matching
funds requirement at its appraised value as of the date of the application." (See
Education Code Section 19995 [c].)
The critical word in this section of the Bond Act is "may". "May" is permissive, but
does not mandate the practice as the use o£the word "shall" would have.
The implementation of this section appears to be at the discretion of the Board. The
Board has decided to allow land previously donated to the grant applicant or land
which will be donated to the grant applicant for the purpose of public library
construction to be consider an eligible cost and to allow credit to be applied to the
local matching funds for the appraised value of the donated land.
How do I determine land value for it to be an eligible project cost and for my agency
to get credit for the value?
Applicants will have to submit an appraisal for the property performed by an
independent certified appraiser no more than one year prior to the date of application
(See Section 20436 (a) for appraisal requirements)
Can Bond Act funds be used to remodel an existing public library?
Yes, remodeling costs for the purpose of rehabilitating an existing public library
building are eligible project costs under the Library Bond Act. (See Education Code
Section 19989 [c].)
Can Bond Act funds be used to remodel an existing building in order to convert it into
a public library?
Yes, remodeling costs for the purpose of rehabilitating an existing building are eligible
project costs under the Library Bond Act as long as the building is converted into a
public library building. (See Education Code Section 19989 [c].)
Library Bond Act of 2000:9/12/01 9
Attachment B
Can Bond Act funds be used to remodel a building without upgrading the electrical
and telecommunications systems to accommodate the lnternet and similar computer
technology?
No. All remodeling projects must include a component to upgrade the electrical and
telecommunications systems to accommodate the Internet and similar computer
technology. (See Education Code Section 19989 [c].)
Exactly what does "upgrading the electrical and telecommunications systems to
accommodate the lnternet and similar computer technology" mean ?
Education Code Section 20432 (g) in the proposed Title 5 regulations defines these
improvements as:
Dedicated circuits for all computers and their peripherals, and
Copper, fiber optic, or wireless data connections with a minimum of Category 5 data
cabling as defined by the Commercial Building Telecommunications Cabling Standard
Can Bond Act funds be used to acquire furniture and equipment for the library
building?
Yes, both furniture and equipment costs are eligible project costs as long as they are
"required to make a facility fully operable". (See Education Code Section 19989
[d].)
Does that mean computers and other technology equipment as well?
Yes (See Education Code Section 19989 [d]).
Can a grant be made just for furniture and/or equipment?
No. The acquisition of furniture and equipment are eligible project costs only if their
"procurement or installation is part of a construction or remodeling project."
(See Education Code Section 19989 [d].)
Can Bond Act funds be used to pay for architectural and engineering fees?
Yes. Architectural and engineering fees are eligible project costs as long as they are
required to plan or execute the project. (See Education Code Section 19989 [e].)
What other professional fees are eligible project costs?
Education Code Section 20432 (f) of the proposed Title 5 regulations provides a list
of all professionals whose fees are eligible project costs if the work they perform is
related to the public library project for which the Board has made a grant award.
Tiffs list includes the following professionals:
ADA Consultants
Attorneys
AV Consultants
Building Security Systems Consultants
Certified Public Accountants
Hazardous Materials Consultants
Library Bond Act of 2000:9/12/01 10
Attachment B
Historical Consultants
Interior Designers
Independent Construction Cost Estimators
Land Surveyors
Library Consultants
Lighting Consultants
Real Estate Appraisers
Scientists required for CEQA Compliance
Signage Consultants
Technology Planning Consultants
Telecommunications Consultants
Traffic Engineering Consultants
Do I have to hire a library consultant tomake application for Library Bond Act
funds?
No. There is no requirement that a library consultant be hired, however many
jurisdictions will fred it very helpful to do so in order to gain their expertise and
experience in the planning process.
IfI hire a library consultant to assist with planning the library project, will the cost of
their contract be an eligible project cost?
Yes, but only if the consultant meets the requirements in Education Code Section
20430 (gg) of the proposed Title 5 regulations.
If I make application for Library Bond Act funds, and am unsuccessful in obtaining a
grant, can I be reimbursed for my expenses to make application?
No. Education Code Section 19990 specifies that the costs of preparation of the
grant application are not eligible for reimbursement.
Only eligible project costs for project applications that have been funded by the
Board may be reimbursed to grant recipients.
Can Bond Act funds be used for the purchase of books and other library materials?
No. (See Education Code Section 19990 [a].)
Can Bond Act funds be used for any on-going operating expenses for the facility, its
personnel, supplies, or any other library operations?
No.(See Education Code Section 19990 [d].)
Can Bond Act funds be used for the costs of preparan’on of a grant application?
No.(See Education Code Section 19990 [b] [1].)
Can Bond Act funds be used for the procurement of matching funds?
No.(See Education Code Section 19990 [b] [2].)
Can Bond Act funds be used for the conduct of an election for obtaining voter
approval of the project?
No. (See Education Code Section 19990 [b] [3].)
Library Bond Act of 2000:9/12/01 11
Attachment B
Can Bond Act funds be used for interest or other carrying charges for financing the
project, including, but not limited to, costs of loans or lease-purchase agreements?
No. (See Education Code Section 19990 [c].)
Does a project for which construction bids were previously advertised, still qualify for
Library Bond Act funds?
No. The Bond Act is quite specific on this point:
"An application may not be submitted for a project for which construction bids
akeady have been advertised." (See Education Code Section 19993[b].)
What else might make a grant application ineligible?
Submitting an application that does not conform to the Library Bond Act and/or the
Board’s rules, regulations or policies.
Submitting an application late, without the required documentation, with errors in the
application documentation, or submitting an incomplete application.
Submitting an application by an entity that is not authorized to operate and maintain a
public library.
What is a first priority project for a new public library?
First priority shall be given to joint use projects in which the agency that operates the
library and one or more K-12 public school districts have a cooperative agreement.
(See Education Code Section 19994 [a] [1].)
What is a second priority project for a new public library?
Second priority shall be given to all other new public library projects. (See Education
Code Section 19994 [a] [2].)
What is a "new public library?"
The creation of a new public library can be accomplished by:
Constructing a new public library building
Converting an existing building into a public library building.
What is a first priority project for remodeling exisn’ng public library projects ?
First priority shall be given to public library projects in the attendance areas of public
schools that are determined, pursuant to regulations adopted by the board, to have
inadequate infrastructure to support access to computers and other educational
technology. (See Education Code Section 19994 [b] [1].)
The wording "inadequate infrastructure to support access to computers and other
educational technology" is being defined by the Board as a telecommunications
connection of 512 kbps or less for any building on a public school campus.
Library Bond Act of 2000:9/12/01 12
Attachment B
What is a second priority project for remodeling existing public library projects ?
Second priority shall be given to all other projects. (See Education Code Section
19994 [b] [2].)
What is a "Joint Use"project and what does a "Cooperative Agreement" mean?
Joint use projects are defmed in the proposed Title 5 regulations as either a:
Co-located library project (See Education Code Section 20430 (k))
Joint Venture library project (See Education Code Section 20430 (dd))
"Joint venturei’ projects shall provide any of the following services:
Computer Center
Family Literacy Center
Homework Center
Career Center
Shared Electronic and Telecommunication Library Services
Subject Specialty Learning Centers
Other similar Collaborative Library Services that directly
benefit K-12 students.
Are "Joint Use" projects that don’t involve public-school districts first priority as well?
No. (See Education Code Section 19994 [a] [1].)
The Bond Act doesn’t prohibit other kinds of joint use projects, but only those that
involve a public school district have ftrst priority under the Library Bond Act.
What criteria will be used to evaluate grant applications?
There are seven "factors" which the Board shall consider while reviewing
applications: (See Education Code Section 19998 [a].)
In reviewing applications, as part of establishing the priorities set forth in Section
19994 the Board shall consider all of the following factors:
Needs of urban and rural areas.
Population growth.
Age and condition of the existing library facility.
The degree to which the existing library facility is inadequate in meeting the needs of
the residents in the library service area and the degree to which the proposed project
responds to the needs of those residents.
The degree to which the library’s plan of service integrates appropriate electronic
technologies into the proposed project.
The degree tO which the proposed site is appropriate for the proposed project and its
intended use.
The financial capacity of the local agency submitting the application to open and
maintain operation of the proposed library for applications for the construction of new
Library Bond Act Of 2000:9/12/01 13
Attachment B
public libraries.
Because the competition for funds will be keen, the Board is requesting information in
the application that will assist them in making an informed and fair decision about the
proposed project based on the priorities and "review considerations" stated in the
Library Bond Act. (See Education Code Sections 19994 and 19998.)
Will the grant application process be competitive?
Yes - HIGHLY COMPETITIVE!
It is very likely that there will be many more applicants than state funds available. A
recent statewide needs assessment demonstrated funding needs for over $2 billion for
public library construction in the State of California. This is over 4 times the amount
of available Library Bond Act funds.
How many library construction projects will the Bond Act finance?
This is unknown and will ultimately be up to the Board.
The average state grant for the original 1988 Library Bond Act was approximately $3
million. The State Library is currently estimating that the Bond Act will fund
somewhere between 100 and 150 public library projects depending upon the size of
the projects funded as well as the number of remodeling projects versus new
construction projects.
lsn’t there a per capita formula for allocation of Bond Act funds?
No. Funds are only available to local jurisdictions on a statewide competitive basis.
Who may apply for Library Bond Act funds?
Any city, county, city and county, or district that is authorized at the time of the
project application to own and maintain a public library facility may apply for Library
Bond Act funding. (See Education Code Sections 19988 and 19993.) Currently,
there are 179 such entities in Califomia~
May cities who are part of a county library apply for Bond A6t funds?
Depending on the city’s relationship with the county, the city might be the applicant, or
the county might apply for a branch in the city.
Either can be applicants. However, if the City is the applicant, there must be an
accompanying commitment from the County to operate the building as a public library
once construction is complete.
Can a public school district be an applicant?
Generally speaking - No. If a school district forms a "school district library district"
under Education Section 18300, then the "school district library district" may apply
for Library Bond Act funds.
How does one form a "School District Library District?"
Education Code Section 18300 specifies the procedure, but generally an election
requiring a 2/3’s approval is the basis for establishing such a library district.
Library Bond Act of 2000:9/12/01 14
Attachment B
May colleges or universities apply for Library Bond Act funds ?
No. (See Education Code Sections 19988 and 19993.)
May special libraries apply for Library Bond Act funds?
No. (See Education Code Sections 19988 and 19993.)
lf I don’t get funded the first time, will 1have a chance to apply again ?
Yes, if a project application is not successful in any application cycle and the grant
applicant is eligible to apply for Library Bond Act funding, the application may be
resubmitted for consideration at any subsequent application cycle.
May 1submit more than one application for the same project during an application
cycle?
No. Only one application per project may be submitted at any application cycle.
May a large jurisdiction submit more than one project application (for separate
projects) at any application cycle?
Yes. There is no limit on the number of project applications a jurisdiction may submit
at any cycle as long as the applications are for different projects.
Who will 1send my application to?
As part of the administration of the Library Bond Act, the California State Library will
accept applications for the Board at the time and in the manner specified by the
Board in its administrative regulations.
When can 1apply for Library Bond Act funds?
Applications will be accepted in three cycles:
First Cycle:June 14, 2002
Second Cycle:March 28, 2003
Third Cycle:January 16, 2004
How do I apply for Library Bond Act funds?
The Application Form for the Library Bond Act is included in the Title 5 program
regulations (See Appendix 1).
What will be required in order to make application for funds?
Along with the Application Form, all of the application requirements are spelled out
in the Title 5 program regulations.
Must I have a cooperative agreement to submit an application for a "Joint Use" library
project?
Yes, and the required elements of the cooperative agreements are specified in
Library Bond Act of 2000:9/12/01 15
Attachment B
Appendix 2 to the proposed Title 5 regulations.
Must I submit a community library needs assessment with an application?
Yes, and the required elements of the cooperative agreements are specified in
Appendix 3 to the proposed Title 5 regulations.
Must l submit a library plan of service with an application?
Yes, and the required elements of the cooperative agreements are specified in
Appendix 4 to the proposed Title 5 regulations.
Must 1submit a library building program with an application?
Yes, and the required elements of the cooperative agreements are specified in
Appendix 5 to the proposed Title 5 regulations.
Must 1submit an architect’s conceptual plans with an application?
Yes, and the required elements ofthe cooperative agreements are specified in
Education Code Section 20440(d) (6) of the proposed Title 5 regulations.
Must 1submit a resolution certifying the project budget, local funding commitment,
supplemental funds and a commitment to operate the library with an application?
Yes, and the required elements of the cooperative agreements are specified in
Education Code Section 20440(e) (3) of the proposed Title 5 regulations.
1fan agency other than the applicant will be providing service for the proposed
project after its completion, do 1need to get a resolution from that agency stating that
they will operate the building as a publiclibrary?
Yes, and the required elements of the cooperative agreements are specified in
Education Code Section 20440(e) (4) of the proposed Title 5 regulations.
Do1 have to submit a projected operating budget for the project 1am planning if it is
a newpublic library building?
Yes it is necessary to do so if you are constructing a new public library building or
converting an existing building into a public library building.
However, it is not required for projects, which involve the remodeling (and!or
expansion) of an existing library building.
Do 1have to complete all of the California Environmental Quality Act (CEQA)
documentation on my site prior to submitting an application?
Yes, and the documentation is required as part of the application (See Education
Code Section 20438 (a) in the proposed Title 5 regulations).
How long will it take to fill out the application form and obtain the required supporting
documents?
¯The time to complete an application will be highly dependent on the degree of
difficulty presented by the specifics of the project being proposed by the grant
applicant. It will however represent a significant amount of time and effort on the part
Library Bond Act of 2000:9/12/01 16
Attachment B
of grant applicants.
Where can I get an Application Form?
The application form is Appendix 1 in the Title 5 regulations. The Office of Library
Construction will be able to provide paper copies of the form upon request.
It appears likely that the form will also be available from the OLC website for
downloading. In any event, 3 ½ floppy disc copies can be obtained from OLC.
Will there be assistance in completing the application from the State Library?
Yes. The Office of Library Construction is planning numerous workshops around
the state which will provide in-depth instructions on how to submit an application.
Does the California State Library make the grant award decisions?
No. However, the California State Library staff will review and evaluate the
applications and provide information to the Board for consideration during the grant
award process.
Does the Board make the grant award decisions?
Yes. The Board is responsible for reviewing applications and making grant award
decisions. (See Education Code Section 19988 [a].)
How will the Board make grant award decisions?
The Board will make grant award decisions based on the priorities stated in
Education Code Section 19994 and the "review considerations" stated in Education
Code Section 19998.
An evaluation process in currently under development.
Can the Board’s grant award decisions be appealed?
There is no provision in the Bond Act for administrative appeals of the Board’s
decisions.
Will the State Library provide feedback on why my application wasn’t funded?
Currently, the Office of Library Construction is planning on providing unsuccessful
applicants with a summary of the comments made by OLC staff reviewing the
applications.
If my project is deemed ineligible, will I be told why?
Currently, the Office of Library Construction is planning on providing applicants who
submit ineligible applications with a written statement of the reasons the application
was ruled to be ineligible.
For how long must a facilio, built with Bond Act funds be operated as a public
library?
A facility, or the part thereof, acquired, constructed, or remodeled, or rehabilitated
with grants received pursuant to this chapter shall be dedicated to public library direct
Library Bond Act of 2000:9/12/01 17
Attachment B
service use for a period of not less than 20 years following completion of the project.
(See Education Code Section 19999 [a].)
This section specifies that the time period be not less than 20 years. This is a
minimum amount of time set by the Act, but not a maximum.
The Board has determined that grant recipients shall operate the facility as a public
library for a time period of 40 years.
For site information, please contact the CSL Web Administrator.
Library Bond Act of 2000:9/12/01 18