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Legal Resources | Title 5 |  T5  20414  

Purposes of Grants.   

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(a) Allowance for art works. Any work of art which is acquired as an eligible project cost shall be fastened to the structure of the library building or otherwise permanently attached to the grounds.

(b) Acquisition of a prefabricated or existing building

(1) A local jurisdiction may acquire, through purchase or donation, a prefabricated building or an existing building for the purpose of converting it to a public library.

(2) The eligible cost of the building shall be determined in the following ways:

(A) If the building will be purchased by the applicant after the State Librarian's deadline for application, either the purchase price or the appraised value of the building shall be an eligible cost for the library project;

(B) If the building has already been purchased by the applicant prior to the State Librarian's deadline for application, the appraised value of the building shall be an eligible cost for the library project;

(C) If the building has been or will be donated to the applicant, the appraised value of the building shall be an eligible cost for the library project.

(3) In the case (A), where the purchase price of the building is used for the eligible cost, the applicant shall provide documentation acceptable to the State Librarian demonstrating proof of the purchase price paid for the building. In case (A), the choice between the use of either the purchase price or the appraised value of the building shall be at the option of the applicant.

(4) A building shall be considered acquired by the applicant on the date the title to the building has been transferred to and recorded in the name of the applicant.

(c) Rejection or the application for conversion of an existing building. The State Librarian may reject an application for the purchase of an existing building, if the State Librarian finds the existing building to be unsuitable for conversion to a public library because of:

(1) poor structural condition,

(2) presence of toxic materials,

(3) building conditions which limit effective library service,

(4) inappropriate location to serve as a public library,

(5) conversion costs in excess of the normal public construction cost in the applicant's area for new construction, or

(6) excessive costs of site acquisition, demolition or development.

(d) Rejection of the application for additional renovation because of the existing library facility. The State Librarian may reject an application for an addition/renovation project, if the State Librarian finds that the existing building is unsuitable for renovation because of:

(1) poor structural condition,

(2) presence of toxic materials,

(3) building conditions which limit effective library service,

(4) inappropriate location to continue serving as a public library, or

(5) renovation costs in excess of the normal public construction cost in the applicant's area for new construction.

(e) Multipurpose buildings. A "multipurpose project" means a project which results in a multi-use facility for which part of the use is for the delivery of public library services. The applicant shall determine the total and eligible project costs for that portion of the multipurpose project that is dedicated solely to the delivery of public library services. The architect shall provide a cost analysis comparing the budget of the multipurpose project as a whole with the budget of the library portion of the project.

(f) Land ownership. The applicant may apply for state funds if the applicant owns the proposed library site or shall acquire the site as part of the project. If ownership of the library site is not in the name of the applicant, the applicant may apply for state funds only if the applicant obtains an option to purchase the site. or a lease or lease-purchase agreement for a period of not less than 20 years following completion of the project, or the useful life of the building, whichever is longer. The lease or lease purchase agreement may contain a provision that makes the performance of the agreement contingent upon funding of the project by the California Library Construction and Renovation Board.

(g) Acquisition of a site.

(1) A local jurisdiction may acquire land for the purpose of building a public library facility, by:

(A) purchase,

(B) donation,

(C) lease, or

(D) lease-purchase agreement.

(2) The eligible cost of the land for the library project's site shall be determined in the following ways:

(A) If the land will be purchased by the applicant after the State Librarian's deadline for application, either the purchase price or the appraised value of the land shall be an eligible cost for the library project;

(B) If the land has already been purchased by the applicant within three years of the State Librarian's deadline for application, either the purchase price or the appraised value of the land shall be an eligible cost for the library project;

(C) If the land has already been purchased by the applicant prior to three years from the State Librarian's deadline for applicant, the appraised value of the land shall be an eligible cost for the library project;

(D) If the land has been or will be donated to the applicant, the appraised value of the land shall be an eligible cost for the library project.

(3) In cases (A) and (B), where the purchase price of the land is used for the eligible cost, the applicant shall provide documentation acceptable to the State Librarian demonstrating proof of the purchase price paid for the land. In cases (A) and (B), the choice between the use of either the purchase price or the appraised value of the land shall be at the option of

the applicant.

(4) The value of land, which has been acquired through a lease or a lease-purchase agreement, shall not be an eligible cost.

(5) The value of land, already owned by the applicant and dedicated to the operation of an existing public library, shall not be an eligible cost.

(6) Land shall be considered acquired by the applicant on the date the title to the land has been transferred to and recorded in the name of the applicant.

(h) Rejection of the application because of the site. The State Librarian may reject an application, if the State Librarian finds that the proposed site has:

(1) excessive acquisition costs,

(2) title restrictions that adversely effect the state's interest in the site,

(3) limited vehicular accessibility, in terms of traffic volume on roads or streets, or parking capacity for the library building,

(4) inappropriate geographical location within the library service area,

(5) excessive site development costs,

(6) excessive demolition costs,

(7) limited lot size or poor configuration,

(8) location in a 10-year flood plain, or

(9) non-compliance with California Environmental Quality Act (CEQA)

(i) Site development and demolition. Site development and demolition costs associated with the project are eligible project costs, but shall be directly related to the construction of the library facility. Eligible site development and demolition costs shall be limited to work performed within the legal boundaries of the library project's site, except in the case of utilities, paving, curbs or gutters which may extend 100 feet beyond the legal boundaries of the site if the work is required to tie-in the library with existing utilities and roads.

(j) Remodeling. General remodeling of an existing building is not an eligible project cost. Only remodeling limited specifically to the purposes of energy conservation, providing access for the disabled, and rehabilitation of existing facilities to bring them into compliance with current health and safety requirements for public facilities is an eligible project cost. This applies to the remodeling of any facility, including existing library buildings, existing library buildings which are being expanded, or existing buildings which are being converted into a library building.

(k) Architects and engineers.

(1) Payment of fees for any work related to the library construction project performed by architects and engineers is an eligible project cost.

(2) "Architects and engineers" means a person required to be certified or licensed by either the State Board of Architectural Examiners, State Board of Landscape Architects, State Board of Registration for Professional Engineers and Land Surveyors, or the State Board of Registration for Geologists and Geophysicists, and who possesses a current and valid license or certificate from that body.

(l) Other design professionals. Payment of fees for any work related to the library project performed by other design professionals is an eligible project cost. "Other design professionals" means:

(1) Interior designers employed to design furnishings and equipment, provide floor layouts, write specifications, and otherwise develop contract documents and supervise the bidding of furnishings and equipment for the interiors contract or portion of the general contract for the library construction project;

(2) Construction cost estimators employed to provide project cost estimates;

(3) Asbestos consultants registered by the California Occupational Safety and Health Administration (CAL/OSHA) who are employed to perform asbestos surveys and asbestos abatement contract administration;

(4) Qualified library consultants providing:

(A) public library needs assessments,

(B) public library facility master plans,

(C) public library site studies,

(D) public library building programs, and

(E) public library architectural plans reviews.

(m) Ineligible purposes. Project costs which are ineligible also means, but is not limited to, the following:

(1) Costs associated with construction administration or project management performed by the local public works department of the applicant, or by individuals who are not licensed architects, engineers or other design professionals as specified in Education Code section 19957;

(2) Costs associated with the performance of appraisals;

(3) Costs associated with the performance of an audit;

(4) Costs associated with the acquisition of land by use of a lease or lease-purchase agreement

Authority cited:

Education Code 19960

Reference:

Education Code 19957

Education Code 19958

Education Code 19962

Education Code 19963

Education Code 19964

Education Code 19967

(Amended by Register 90, No. 50.)