5 CA ADC § 20440


5 CCR s 20440

Cal. Admin. Code tit. 5, s 20440


CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 2. CALIFORNIA STATE LIBRARY
CHAPTER 3. CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY
CONSTRUCTION AND RENOVATION BOND ACT OF 2000
ARTICLE 2. CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION PROGRAM
This database is current through 02/09/07, Register 2007, No. 6
s 20440. Grant Application Requirements.


(a) Application for Bond Act grant funds

(1) For each application cycle, applicants shall submit:


(A) A completed Application Form found in section 20440, Appendix
1, and six additional copies of the form.


(B) One copy of each supporting document.


(2) Applications submitted for each cycle, including supporting
documents, are the property of the California State Library.


(3) Applications shall be submitted by the application deadlines
and sent to the mailing address specified in section 20442.


(b) Supporting documentation instructions

(1) All supporting documentation shall be submitted with the
Application Form.


(2) Supporting documentation is required for all applications
unless otherwise noted in the Bond Act regulations.


(3) If an Executive Summary is specified in a required document, it
shall be no longer than two single-spaced typed pages. Limit type
size to no smaller than 11 point if using a computer, or 12 pitch
(elite) if using a typewriter.


(c) Supporting document submittals: site and building

(1) Boundary survey


(A) All applicants, except those with multipurpose projects, shall
provide a boundary survey showing the metes and bounds of the
proposed library site.


(B) Applicants with multipurpose buildings shall provide a boundary
survey for the entire multipurpose project site.


(C) The survey shall be stamped and signed by a licensed land
surveyor.


(2) Geotechnical report


Applicants with new construction or additions to existing public
libraries or buildings to be converted to public libraries shall
provide a copy of a geotechnical report performed by a licensed
engineer.


(3) CEQA documentation [See section 20438(a)]


(4) Visual record of the existing library


(A) Applicants who have existing public library buildings that will
be replaced or improved shall provide photographs and/or video of
the existing public library building as support documentation
concerning the age and condition of the building. If a new library
building will replace more than one existing library, applicants
shall provide photographs and/or video of each library being
replaced.


(B) An applicant proposing a co-located joint use project in
partnership with a public school that has an existing library shall
also provide photographs and/or video of each school library that
will be replaced or improved.


(C) All photographs and videos shall be labeled with the name of
the applicant and the project name.


(5) Map and visual record of the site


Applicants with new construction or additions to existing public
libraries or buildings to be converted to public libraries shall
provide photographs and/or video of the site and surrounding area as
follows:


(A) Visual record


1. Show views facing toward the site from a minimum of two vantage
points from outside the site, one of which shall be the building
front entrance.


2. Show at least one view from each of the following directions
from the vantage point of the middle of the site, facing out: north,
south, east, and west.


3. All photographs and videos shall be labeled with the name of the
applicant and the project name.


(B) Map showing the site


Provide one or more maps showing the location of the proposed
library site in the community showing the following:


1. The service area of the proposed project,


2. All major thoroughfares,


3. All public K-12 schools and,


4. All major retail business centers.


(6) Preliminary title report [See section 20438(c)(4)]


(7) Legal opinion regarding title exceptions [See section
20438(c)(5)]


(8) Site ownership, option to purchase, or possession of lease


(A) If a site is owned by the applicant at the time of application,
the applicant shall submit verification of ownership.


(B) If the library site is not owned by the applicant at the time
of application, the applicant shall submit one of the following with
the Application Form:


1. For a site that will be purchased, a copy of a legally executed
option to purchase agreement for the site.


2. For a site that will be donated, a copy of a legally binding
agreement to donate the site.


3. For a site that will be secured through a lease or
lease-purchase agreement, a legally executed lease or lease-purchase
agreement for the site that is in compliance with the conditions of
section 20440, Appendix 6, and which may contain a provision making
the lease agreement or lease-purchase agreement contingent upon
funding of the project by the Board.


(9) Building ownership (conversion projects)


(A) If a building is owned by the applicant at the time of
application, the applicant shall submit verification of ownership.


(B) If a building to be converted into a public library is not
owned by the applicant at the time of application, the applicant
shall submit a copy of a legally executed option to purchase
agreement for the building.


(C) In the case of a building that will be donated, the applicant
shall submit a copy of a legally binding agreement to donate the
building.


(10) Verification of property value


Completed property appraisals shall be submitted with the
Application Form. [See section 20436(a).]


(11) Parking shared use agreement (if applicable) [See Application
Form, Library Automobile Parking section]


(12) Required studies for remodeling, conversion, and
addition-remodeling projects only


Applicants for remodeling, conversion, and addition-renovation
projects shall submit the following with the Application Form:


(A) Structural study - A licensed engineer's study that assesses
the structural integrity of the existing building.


(B) Hazardous materials - A hazardous materials survey that
determines the presence of hazardous materials in the building and
provides an initial cost estimate for the safe removal or abatement
of the materials. The building survey for hazardous materials shall
be performed by a hazardous materials consultant as defined in
section 20432(f)(7).


(C) Energy audit - a study performed by a licensed engineer that
assesses the existing facility's energy efficiency and makes
specific recommendations regarding how the facility can be made more
energy efficient.


(D) ADA study - a study performed by an ADA consultant that
assesses the existing facility's limitations for its use by
individuals with disabilities and makes specific recommendations
regarding how the facility can be made physically accessible.


(E) Project feasibility study - performed by architects and
engineers to determine the feasibility of utilizing a specific
building for the proposed public library project.


(13) First priority remodeling projects only: letter from the
public school district superintendent [See section 20434(b)(1)(B)1.]

(14) First priority remodeling projects only: public school
attendance area map [See section 20434(b)(1)(B)2.]


(d) Supporting document submittals: planning

For the required supporting documents defined in Appendices 3-5, all
components and elements listed in the Appendices are required, but need
not be in the specific order listed in the Appendices and may appear in
any of the planning documents.

(1) Joint use projects only: cooperative agreement


Along with the grant Application Form for a joint use project, all
applicants for joint use project funding shall submit a copy of the
cooperative agreement between the public library jurisdiction and
the public school district(s) that shall include the elements listed
in section 20440, Appendix 2.


(2) Community Library Needs Assessment


(A) All applicants shall submit a copy of a Community Library Needs
Assessment that demonstrates the need for the specific project and
describes its relationship to the overall public library
jurisdiction.


(B) Joint use project applicants shall develop the Community
Library Needs Assessment as a collaborative effort between both the
public library and the public school district(s) and shall also
consider and respond to the needs of both public library and school
library clienteles.


(C) The Community Library Needs Assessment shall have been
completed or revised within five years of the application deadline.


(D) Community Library Needs Assessment components


The Community Library Needs Assessment shall include, but not be
limited to, the elements listed in section 20440, Appendix 3.


(3) Library Plan of Service


(A) Applicants shall submit a Library Plan of Service that
describes how the needs of the residents in the library service
area, as identified in the Community Library Needs Assessment, will
be met by the proposed project.


(B) The Library Plan of Service shall include the elements listed
in section 20440, Appendix 4.


(4) Library Building Program


(A) Applicants shall submit a Library Building Program that
demonstrates how the Library Plan of Service will be implemented in
the project.


(B) The Library Building Program shall contain the components
listed in section 20440, Appendix 5.


(5) Conceptual plans submittal


(A) All applicants shall submit conceptual plans on paper not less
than 24"x36" prepared by an architect justifying the architectural
and engineering projected construction cost estimate. The plans
shall be submitted with the Application Form prior to the Board's
application deadline.


(B) Applicants with multipurpose projects shall submit the required
conceptual plans for both the total multipurpose project, as well as
the library portion of the project.


(C) The conceptual plan submittal shall consist of the following:


1. An area plan showing the library site in context with the
surrounding neighborhood buildings, parking, public transit stops,
and streets. The plans and documentation shall demonstrate that the
architectural design for the project is compatible with the scale
and character of the surrounding neighborhood.


2. A site plan showing the library building, automobile and bicycle
parking, access roads, bicycle and pedestrian pathways, and any
anticipated future expansion of the building and parking. The site
plan shall also indicate which direction is north.


3. A floor plan (single line drawing) identifying by name the major
programmed areas for the library, including non-assignable spaces.
Each area shall show the assignable square footage called for in the
library building program and the actual square footage allocated on
the floor plan.


4. Two sections through the building, one longitudinal and one
latitudinal.


5. Two elevations, with one elevation being the front of the
library building.


6. Outline specifications describing the type and quality of
building systems, basic components, and components unique to the
project. The specifications shall contain references to any
applicable sections of State statutes and State building codes.


(e) Supporting document submittals: financial and certifications

(1) Projected construction cost estimate [See section 20436(b)]


(2) Multipurpose projects: cost analysis [See section 20436(f)(3)]


(3) Resolution certifying project budget, local funding commitment,
supplemental funds, and public library operation


The applicant's governing body shall certify the following by
resolution and submit a copy of the resolution with the Application
Form:


(A) A commitment to provide the local matching fund amount
identified in the Library Project Budget, as required by Education
Code section 19995(a), including and identifying any amounts to be
credited to local matching funds pursuant to section 19995(c) and
(d).


(B) A commitment to provide supplemental funds necessary to
complete the project at the level stated in the project budget [See
section 20436(e)].


(C) The availability of the local matching and supplemental funds
specified in the project budget when they are needed to meet cash
flow requirements for the project.


(D) The project budget contained in the Library Project Budget
section of the Application Form.


(E) The accuracy and truthfulness of all information submitted in
the Application Form and the required supporting documents.


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


(G) A commitment that the facility shall be dedicated to public
library direct service use for a period of 40 years following
completion of the project, regardless of any operating agreements
the applicant may have with other jurisdictions or parties.


(4) Operation of the facility involving a jurisdiction other than
the applicant


If the completed public library will be operated by a jurisdiction
other than the applicant, the applicant shall obtain from the
operating jurisdiction a copy of a resolution of its governing body
that certifies a commitment to operate the completed facility and
provide public library direct service and submit the copy with the
Application Form.


(5) Private funds - availability deadline and account certification

The applicant shall submit a copy of an account statement from the
applicant's accounting system showing the amount of private funds
designated in the Library Project Budget section of the Application
Form. This account statement shall be submitted with the Application
Form.

Note: Authority cited: Sections 19992 and 19994, Education Code.
Reference: Sections 19988, 19989, 19993, 19996, 19997, 19998 and
19999, Education Code.

HISTORY

1. New section and appendices 1-6 filed 12-5-2001; operative 1-4-2002
(Register
2001, No. 49).

2. Change without regulatory effect amending appendices 1 and 3 filed
3-18-2003
pursuant to section 100, title 1, California Code of Regulations (Register
2003, No. 12).

5 CCR s 20440, 5 CA ADC s 20440
1CAC

5 CA ADC s 20440

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