5 CA ADC § 20416


5 CCR s 20416

Cal. Admin. Code tit. 5, s 20416


CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 2. CALIFORNIA STATE LIBRARY
CHAPTER 2. CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION BOARD
ARTICLE 2. CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION PROGRAM
This database is current through 02/09/07, Register 2007, No. 6
s 20416. Matching Funds.


(a) Resolution certifying the project budge the local funding commitment,
supplemental funds and the application

(1) The governing body of the applicant shall certify by resolution
the following:


(A) the project budget contained in the application (See section
20418(e) and application form section entitled "Library Project
Budget"),


(B) the commitment of local matching funds,


(C) the applicant's ability to finance the supplemental funds
necessary to complete the project in a timely manner (See section
20418(d)),


(D) that local matching and supplemental funds will be available
when needed to meet the project's cash flow requirements (See
section 20418(d)),


(E) the accuracy and truthfulness of all information contained in
the application form (See section 20420(e)), and


(F) a commitment to operate the completed facility and provide
direct public library service, unless the facility shall be operated
by a jurisdiction other than the applicant (See section 20424(a)).


(2) The resolution shall be supported by official action taken at
an open meeting of the governing body of the applicant and duly
recorded in the minutes of that meeting. The resolution shall be
signed by the duly elected head of the jurisdiction and notarized or
validated by the affixing of the official seal of the clerk of the
jurisdiction. The resolution shall be submitted with the application
prior to the State Librarian's deadline for application. An
application submitted without the resolution shall be deemed
ineligible by the State Librarian.


(3) Private funds from donations, gifts or foundations which are
identified as such in the library project budget section of the
application form shall be deposited in a fund account under the
complete control of the applicant prior to the State Librarian's
deadline for applications. An account statement bearing on its face
an original signature of the applicant's fiscal officer and a
statement certifying the necessary account balance from private
sources and the applicant's control over the account, shall be
submitted with the application prior to the State Librarian's
deadline for applications.


(b) In-kind expenditures or donations. In-kind expenditures or donations
of materials, labor, equipment, works of art, articles or services of
value of any kind shall not qualify as matching funds, and shall not be
counted as eligible project costs.

(c) Land credit.

(1) The State Librarian shall allow credit for all land already
acquired by the applicant, which has not been rejected by the State
Librarian as a library site, except:


(A) land already owned by the applicant and dedicated to the
operation of an existing public library;


(B) land not owned by the applicant, but secured by a lease or
lease-purchase agreement.


(2) The credit allowance for land purchased by the applicant prior
to three years of the State Librarian's deadline for applications
shall be the appraised value of the land for the library project.


(3) The credit allowance for land purchased by the applicant for
the library project within three years of the State Librarian's
deadline for applications shall be the purchase price paid by the
applicant for the land or the appraised value of the land.


(4) No credit allowance shall be made for land which will be
purchased by the applicant after the State Librarian's deadline for
application (See section 20414(g)(2)(A)).


(5) The credit allowance for land which has been donated to the
applicant prior to the State Librarian's deadline for applications
shall be the appraised value of the land for the library project.


(6) No credit allowance shall be made for land which will be
donated to the applicant after the State Librarian's deadline for
application (See section 20414(g)(2)(D)).


(7) No credit allowance shall be made for land which has been
acquired through a lease or a lease purchase agreement.


(8) No credit allowance shall be made for land which is already
owned by the applicant and dedicated to the operation of an existing
public library.


(d) Appraisal.

(1) For the purpose of determining the appraised value of land or a
building, a certified appraisal shall be obtained by the applicant
and submitted with the application prior to the State Librarian's
deadline for applications.


(2) A "certified appraisal" means conformance with the requirements
of the Lancaster-Montoya Appraisal Act (Civil Code sections 1922 to
1922.14).


(3) The appraiser performing the certified appraisal shall be a
member of the American Institute of Real Estate Appraisers, or the
Appraisal Institute and carry the MAI designation, or a member of
the Society of Real Estate Appraisers and carry the SREA
designation.


(4) The appraiser shall be an independent contractor, and not an
employee or agent of the applicant or the seller of the proposed
library site.


(5) If the certified appraisal is contested by either the State
Librarian or the applicant, one or more additional certified
appraisals shall be obtained by the applicant and the difference in
the appraisals shall be resolved with a determination of land value
made by the Office of Real Estate and Design Services in the
Department of General Services for the State of California.


(e) Furnishings credit. Cash expenditures, not to exceed 10 percent of the
eligible project costs, for furnishings required to make the facility
fully operable may be credited towards the 35 percent matching funds
requirement.

(f) Architectural plans credit.

(1) The State Librarian shall give credit for architectural plans
and drawings developed solely for the public library project for
which application is being made. The plans and drawings shall have
been created by an architect or engineer licensed to practice in the
State of California. The combined credit and eligible cost for
architectural plans and drawings shall not exceed twelve percent of
the construction cost of the project.


(2) "Architectural plans and drawings" means, and is limited to,
any of the following documents necessary for the design of the
public library building:


(A) conceptual plans and drawings,


(B) schematic plans and drawings,


(C) preliminary or design development plans and drawings, and


(D) final working drawings and specifications, commonly referred to
as contract documents.

Note: Authority cited: Section 19960, Education Code. Reference:
Sections 19957, 19961, 19962, 19964 and 19967 Education Code.

HISTORY

1. New section filed 10-31-90; operative 10-31-90 (Register 90, No. 50).

5 CCR s 20416, 5 CA ADC s 20416
1CAC

5 CA ADC s 20416

END OF DOCUMENT

 
Home | About Us | Contact Form | Contact Us | Useful Links


Copyright 2007, Result Oriented Marketing, Inc.
For Further Assistance Visit : www.mcmillanlaw.us and www.fearnotlaw.com