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8A
f \atty\munl\strpts\jI\lIbbond 98
City Council Meeting July 28, 1998
JUL 2 8 1998
Santa Monica, California
TO Mayor and City CounCil
FROM City Staff
SUBJECT- Recommendation to Adopt an Ordinance and Resolutions for the Placement
of a General Obligation Bond on the November 3, 1998 Ballot for the
Purpose of the Construction, Remodeling and Improvement of the Main
Library BUildIng, Branch LIbraries and Related Facilities
INTRODUCTION
This report recommends adoptton of an ordinance and resolutions necessary for
submitting a general obligation bond measure to fund the construction, remodeling and
Improvement of Library bUilding facIlities on the November 3, 1998 ballot This report
provides a brief history of the need for the proposed capital improvement proJect, prevIous
CounCil action on the Issue, and reqUired Council actions to place the bond on the
November ballot
BACKGROUND
On June 16, 1998, the City Council directed staff to take all appropriate actions so the
CounCil may conSider plaCing a general obligation bond on the November 3, 1998 ballot
to help fund the renovatIon and expansion of the Library faCIlities On July 21, 1998, the
City CounCil passed a Resolution of NeceSSity which IS the initial procedural step In
plaCing the bond measure on the ballot However, adoption of the Resolution of NeceSSity
1
8'1'r
JUl 2 8 1998
does not place the bond measure on the ballot To place the bond proposition on the
ballot the City Council must adopt additional resolutions and an ordinance, which are
attached to this staff report
NEED
As noted In the Staff Report that accompanied the Resolution of Necessity, the current
Santa Monica Public Library facilities have served the City's needs for more than thirty
years The onglnal mechanical, plumbing, and electncal systems are InsuffiCient for the
Library's anticipated growth Collection and staff areas are crowded and limit the Library's
capacity to Increase collections and efficiently serve the public Structural upgrades are
needed to comply with new earthquake construction standards The building and
furnishings do not accommodate today's computers and the electronic equipment of
tomorrow There IS a lack of meeting room space as well
Based upon the Library Master Plan, a $25 million library bond measure IS requested to
finance expansion that will double the available space at the Main Library and bnng
needed Improvements to the three Branches At the MaIn Library seating space will be
doubled, shelving space Will be Increased, and expansion of heavily used library programs
such as literacy service, shut-In service, children's story hours, children's technology
programs, homework support and computer training Will be accommodated There Will be
room for more new books and other matenals as well as space for group study, lectures,
recitals. meetings and comfortable space for the community to gather and meet Branch
2
facIlities will be upgraded, adding new technology centers, homework help centers, and
In the case of the Montana Branch, a multipurpose room
ELECTION PROCESS
In order for the City Council to place the Public Safety FacIlity general obligation bond
measure on the November 3, 1998 ballot, the following additional steps must be taken
o AdoptIOn of an Ordinance ordenng the submission of the bond for an
election (See Attachment A)
o Adoption of a resolution calling for a special election (see Attachment B)
o Adoption of a Resolution requesting the Los Angeles County Board of
Supervisors to consolidate the specIal election with the general election In
November, 1998 (see Attachment C)
o Adoption of a Resolution of ReImbursement which allows the City to be
reimbursed with bond proceeds for documented City costs Incurred dUring
preparation of the bond finanCing and activities related to the deSign of the
faCIlity (see Attachment D)
BUDGET/FINANCIAL IMPACT
The cost to the City of plaCing the measure on the November ballot IS less than $10,000
Funds have been budgeted for thiS purpose In the City's FY 1998/99 adopted budget
RECOMMENDATION
It IS recommended that the City Council adopt the following ordinance and resolutions that
place a general obligation bond up to $25 million on the November 3, 1998 special
3
election ballot to fund the construction, remodeling and Improvement of the main Library
bUildIng, branch bUildings and related facIlities
o Resolution callIng for a special electIon
o Resolution requesting the Los Angeles County Board of Supervisors to
consolidate the speCial election with the general election In November, 1998
o Ordinance of the City CounCil Ordenng the SubmiSSion of a Proposition To
The Qualified Voters Of The City Of Santa Monica, To Incur Bonded Debt
To Construct, Improve And Remodel Santa Monica Library BUildings And
Related FacilIties
o Resolution of the City CounCil of the City of Santa Monica Declanng the
City's Intention to Reimburse Expenditures from the Proceeds of Obligations
to be Issued by the City and Approving Certain Related Actions
Attachments
A)
Ordinance of the City CounCil Ordering the SubmiSSion of a Proposition to
the Qualified Voters of the City of Santa MOnica, To Incur Bonded Debt to
Construct, Improve and Remodel Santa MOnica Library BUildings and
Related FacIlities, and Calling an Election to be Held for that Purpose
01 '
-j:l:
J~': -
~. ,/;-
_I ....-,_
B)
C)
Resolution requestrng the Los Angeles county Board of Supervisors to
consolidate the speCial election with the general election In November, 1998
Resolution calling far a speCIal election
! .
~
!': ~..
D) Resolution of the City Council of the City of Santa MOnica Declanng the
City's Intention to Reimburse Expenditures from the Proceeds of Obligations
to be Issued by the City and Approving Certain Related Actions
Prepared by Marsha Jones Moutne, City Attorney
Joseph Lawrence, AssIstant CIty Attorney
WIn! Allard, CIty Llbranan
4
ATTACHMENT A
CA MJM f \atty\munl\laws\hbbond ord
City Council Meeting 7-28-98 Santa Monica, California
ORDINANCE NO. 1919 (CCS)
(CITY COUNCIL SERIES)
AN ORDi-NANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ORDERING THE SUBMISSION OF
A PROPOSITION TO THE QUALIFIED VOTERS OF THE CITY OF SANTA MONICA,
TO INCUR BONDED DEBT TO CONSTRUCT, IMPROVE AND REMODEL SANTA
MONICA LIBRARY BUILDINGS AND RELATED FACILITIES, AND CALLING AN
ELECTION TO BE HELD FOR THAT PURPOSE
WHEREAS, the City Council (the "City CouncIl") of the City of Santa MonIca (the
City") has adopted, by a two-thirds vote of all the members of the City Council, a
Resolution entitled "A Resolution of the City Council of the CIty of Santa MOnica
Determining That the PublIc Interest and NeceSSity Demand the Construction,
Improvement and Remodeling of the Santa Monica MaIn Library BUilding, Branch Llbranes
and Related FacIlities and Their FinanCing Through the Issuance of General Obligation
Bonds" (the "Resolution"), and
WHEREAS, In order to provIde for the Issuance by the CIty of Its general obligation
bonds to finance the capital Improvements descnbed In the Resolution, It IS necessary for
the City Council to pass an ordinance ordering the submiSSion of the propOSItion of
1
Incurnng bonded Indebtedness to the qualIfied voters of the CIty at an electIon held for that
purpose. and
WHEREAS, the City Council deSires to submit such a propOSition to the qualified
voters of the City at a speCial municipal electIOn to be held In the City on November 3,
1998,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOllOWS
SECTION 1 The City CounCil orders submitted to the qualified voters of the City,
at a speCial mUnicipal election to be held In the CIty on November 3, 1998. the prOpOSition
set forth below In substantially the following form
PROPOSITION" " To
construct, improve and remodel
the Main and branch libraries
and related facilities, shall the
City of Santa Monica incur
general obligation bonded
indebtedness in the principal
amount of not to exceed $25
Million?
YES
NO
2
'"
The propoSition submitted by this Ordinance shall be designated on each ballot by a letter
printed on the left margin of the square containing the description of the proposItion, as
prOVided In Section 13116 of the California Elections Code
SECTION 2 The object and purpose of Incumng the Indebtedness IS to finance a
capItal Improvement program to construct, Improve and remodel the main Library bUilding,
branch Library bUildings and related facIlities (the "Capital Improvements") as st?t forth In
the ResolutIon of NecessIty
SECTION 3 The estimated cost of the Capital Improvements IS Twenty-Five Million
Dollars ($25,000,000 00) ThIs estimated cost Includes legal and other fees, costs of
printing the bonds and other costs and expenses InCIdental to or connected with the
Issuance and sale of the bonds
SECTION 4 The amount of the princIpal of the Indebtedness to be Incurred IS not
to exceed Twenty-Five Million Dollars ($25,000,00000)
SECTION 5 The maxImum rate of Interest on the Indebtedness shall be twelve
percent (12%) per annum, or such higher rate as may hereafter be established for general
obligation bonds of the CIty by the Legislature of the State of California
3
~
SECTION 6 The date of the special election whIch IS hereby called and ordered
to be held, shall be November 3, 1998
SECTION 7 Except as otherwise provided In thiS Ordinance, the specIal mUnicipal
election shall be held and conducted, election officers appointed, voting precincts
deSIgnated, ballots pnnted, polls opened and closed. ballots counted and returned, returns
canvassed, results declared. certificates of election Issued and all other proceedings
incidental to and connected with the special municipal election shall be regulated and
done, In accordance with the provIsions of law regulating the statewide election to occur
on November 3, 1998, wIth which statewide election the special municipal election called
hereby IS to be consolidated, as provided In a Resolution entitled "A Resolution of the City
Council of the City of Santa Monica Requesting the Board of Supervisors of the County
of Los Angeles to Consolidate a Special Municipal Election of the City of Santa MOnica to
be Held on November 3, 1998, related to Library bonded Indebtedness with the Statewide
General Election to be Held on Said Date Pursuant to Elections Code Section 10403"
Ballots for the election shall be proVided In the form and In the number proVided by law
On these ballots, In addition to any other pnnted matter which may be reqUired by law, two
voting squares shall be set off to the nght of the prOposition submitted at the election, In
the manner proVided by law, one haVing the word "YES" printed before It, and the other
haVing the word "NO" pnnted before It Each voter to vote for the propOSition and for the
Incurring of said indebtedness shall stamp or write a cross, or indicate by hole punch or
other means, In the blank space Opposite the word "YES" on the ballot to the rrght of the
4
prOposition, and each voter to vote against the proposItion and against the Incurnng of the
Indebtedness shall stamp or wnte a cross. or Indicate by hole punch or other means, In the
blank space opposite the word "NO" on the ballot to the nght of the prOposition
SECTION 8 This Ordinance shall be adopted upon a vote of no less than two-
thirds of all members of the~Clty Council
SECTION 9 This OrdInance shall take effect upon adoptIon, as provIded In Section
619(a) of the City Charter
SECTION 10 The Mayor shall sIgn and the City Clerk shall attest to the passage
of thiS Ordinance Pursuant to Government Code Section 43611, the City Clerk shall
cause the same to be published In full once a day for at least seven (7) days In a
newspaper published at least SIX days a week In the City, or once a week for two weeks
In a newspaper published less than SIX days a week In the City The first of sard
publications shall be WIthin fifteen (15) days after adoption of thiS Ordinance
APPROVED AS TO FORM
fbLuL !ludt,1
U -
MARSHA JONES MOUTRIE
City Attorney
5
4-~
Robert Holbrook. Mayor
State of CalIforrua )
County of Los Angeles ) S5
CIty of Santa MOnIca )
L Mana M Ste":\'art, CIty Clerk of the CIty of Santa MOnIca. do hereby certIfy that the foregomg
Ordmance No 1919 (CCS) was mtroduced and adopted on July 28. 1998 by the followmg vote
Ayes
CouncIl members
Fe1nstein~ Genser, Greenberg, Holbrook,
O'Connor, Rosenste1n
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
Ebner
ATTEST
~~~
Mana M Stewart, CIty clerk
CA f atty\mum\laws\elect98 6al
City Council Meeting 7-28-98
Santa Momca, California
RESOLUTION NUMBER 9301
(City CounCil Senes)
A RESO[UTlON OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CALLING FOR AND GIVING NOTICE
OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 3,1998 RELATED TO INCURRING
BONDED INDEBTEDNESS FOR THE IMPROVEMENT, REMODELING AND
CONSTRUCTION OF LIBRARY BUILDINGS
WHEREAS, Elections Code Section 12109 authorizes the City Council to provide
that all ballots cast at the SpeCial Municipal Election be counted at a central counting
place.
WHEREAS, Elections Code Section 9280 authOrizes the City CounCil to direct the
City Clerk to transmit a measure appeanng on the ballot to the City Attorney to prepare an
Impartial analYSIS,
WHEREAS, Elections Code Sectlon 9282 et seq prOVides for procedures for
arguments concerning city measures, and
- 1 -
WHEREAS, Elections Code Sections 9282 and 9285 authorize the City Council, or
any member or members of the CIty Council authonzed by the City Council, to file wntten
arguments, Including rebuttal arguments In favor of any City measure,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLUWS
SECTION 1 A Special MUnicipal Election shall be held In the City of Santa MOnica
on November 3, 1998, which IS the election ordered In accordance with Elections Code
SectIon 9255 for the purpose of submItting Initiatives amending the Santa MOnica City
Charter and whIch IS the election ordered In accordance with Government Code Section
4360B for the purpose of submitting a proposItion for Incurnng bonded debt to the qualified
voters of the City of Santa MOnica
SECTION 2 The following measure shall appear on the ballot and be submitted
to the voters of the CIty
PROPOSITION" " To
construct, improve and remodel
the Main and branch libraries
and related facilities, shall the
City of Santa Monica incur
general obligation bonded
indebtedness in the principal
amount of not to exceed $25
Million?
YES
NO
- 2 -
The City Clerk shall cause the text of the proposItion to be mailed to all qualified voters
wIth the sample ballot The City Clerk shall cause the text of the propOSitIon to be
published In the official newspaper and In each edition thereof dUring the day of
publication In the manner reqUired by law
SECTION 3 The ballots to be used at the SpeCial Municipal Election shall be both
as to form and matter contained therein such as may be required by law
SECTION 4 The City Clerk IS authorized, Instructed, and directed to procure and
furnish any and all official ballots, notIces, pnnted matter, and all supplies, equipment, and
paraphernalia that may be necessary In order to properly and lawfully conduct the Special
MUnicipal Election
SECTION 5 The polls for the SpeCial Municipal Election shall be open at 7 00 a m
of the day of the ejection and shall remain open continuously until 8 00 P m of the same
day when the polls shall be closed, except as prOVided In Elections Code Section 14401
SECTION 6 The notice of the time and place of holding of the SpeCial MUniCipal
Election IS hereby given and the City Clerk IS authOrized, Instructed and directed to give
such further or addItional notice of the election In the time, form and manner required by
law
- 3 -
SECTION 7 Pursuant to Elections Code Section 12109, the CIty Clerk IS
authorized, Instructed and directed to give such notice of the central counting place In the
time, form and manner reqUired by law
SECTION 8 Pursuant to Elections Code Section 9280, the City Clerk IS dIrected
to transmit a copy of each nieasure to be submitted to the voters to the City Attorney and
the City Attorney IS directed to prepare an Impartial analYSIS of each measure shOWIng the
effect of the measure on the eXistIng law and the operation of the measure rn accordance
WIth the proVISions of Elections Code Section 9280 The Impartial analYSIS shall be filed
by the date set by the City Clerk for the fIling of pnmary arguments
SECTION 9 In all partIculars not reCited In thiS Resolution, the SpeCial MUniCipal
Election shall be held and conducted as prOVided by law for holdIng mUniCipal elections
In the CIty of Santa MOnica
SECTION 10 The CIty Councrl authOrizes the followrng Councllmembers to frle
written arguments as follows
ARGUMENT IN FAVOR OF PROPOSITION
Mayor Robert Holbrook, Mayor Pro Tempore Pam O'Connor, CounCil members Ruth
Ebner, Mrchael Feinstein, Ken Genser, Asha Greenberg and Paul Rosenstein
- 4 -
ARGUMENT AGAINST PROPOSITION
SECTION 11 Written arguments, not to exceed 300 words In length, are to be filed
with the CIty Clerk no later than August 11, 1998 Arguments so submitted may be
changed orwJthdrawn by the author(s) until and including the date fIxed by the CIty Clerk
after whIch no arguments for or against the measure may be submitted to the City Clerk
Rebuttal arguments not exceeding 250 words may be submitted by person for or against
the Measure In accordance With Elections Code SectIon 9285
SECTION 12 The City Clerk shall certify to the adoptIon of thIs Resolution, and
thenceforth and thereafter the same shall be In full force and effect
APPROVED AS TO FORM
- 5 -
Adopted and approved thIs 28th of July, 1998
~
Robert Hal rook, Mayor
I, Mana M Stewart, CIty Clerk of the CIty of Santa MOnica, do hereby certIfy that
the foregoing Resolution 9301 (CCS) was duly adopted at a meetmg of the Santa
MOnica City Council held on the 28th of July, 1998 by the followIng vote
Ayes Councllmembers
Fe~nstein. Genser, Greenberg, Holbrook,
O'Connor, Rosenstein
Noes Councllmembers.
None
Abstain Council members
None
Absent Councllmembers
Ebner
ATTEST
~~(~~
Mana M Stewart, City Clerk
ATTACHMENT C
CA f atty\munl\laws\elect98 7al
CIty Council Meeting 7-28-98
Santa Monica, California
RESOLUTION NUMBER 9302
(City Council Senes)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY
OF SANTA MONICA TO BE HELD ON NOVEMBER 3, 1998, RELATED TO LIBRARY
BONDED INDEBTEDNESS WITH THE STATEWIDE GENERAL ELECTION TO BE
HELD ON SAID DATE PURSUANT TO ELECTIONS CODE SECTION 10403
WHEREAS, the City Council of the CIty of Santa Monica has called a Special
MunicIpal ElectIon In the City of Santa Monrca to be held on November 3. 1998, for the
purpose of submitting ballot measures to the voters, and
WHEREAS. It IS desirable that the Special Municipal Electron be consolidated WIth
the statewIde General Election to be held on the same date, that Within the City of Santa
Monica the preCincts, polllng places and election officers of the two elections be the same,
that the RegIstrar of Voters canvass the returns of the SpecIal MUnicipal Election, and that
the statewide General ElectIon and Special MunIcipal Election be held In all respects as
If there were only one electlon,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS
1
SECTION 1 Pursuant to ElectIons Code SectIon 10403, the Board of Supervisors
of the County of Los Angeles IS hereby requested to consent and agree to the
consolidation of a Special Municipal Election wIth the statewide General Election on
Tuesday, November 3, 1998, for the purpose of submittIng ballot measures to the voters
SECTION 2 At the Special MUnicipal Election called for November 3, 1998, the
following proposItion, among others, shall be submitted to the qualifIed electors of the City
of Santa MOnica
PROPOSITION" " To
construct, improve and remodel
the Main and branch libraries
and related facilities, shall the
City of Santa Monica incur
general obligation bonded
indebtedness in the principal
amount of not to exceed $25
Million?
YES
NO
o
2
SECTION 3 The Registrar of Voters IS hereby authorized to canvass the
returns of the Special MUnicipal Election which It IS hereby requested to be consolidated
with the statewide General Election and said election shall be held In all respects as If
there were only one electron, and only one form of ballot shall be used
SECTION 4 - The Board of Supervisors of the County of Los Angeles IS
hereby requested to Issue Instructions to the Registrar of Voters to take any and all steps
necessary for the holding of the consolidated election
SECTION 5 The City of Santa Monica recognizes that additional costs shall
be Incurred by the County of Los Angeles by reason of thiS consolidation and agrees to
reimburse the County of Los Angeles for any such costs
SECTION 6 The City Clerk IS directed to transmit and fIle a certified copy
of thIS Resolution With the Board of Supervisors of the County of Los Angeles and With the
Registrar of Voters
3
SECTION 7 The City Clerk shall certify to the adoption of thIs Resolution,
and thenceforth and thereafter the same shall be In full force and effect
APPROVED AS TO FORM
nih! ;;h~A~.)~Au
MARSH~~SMOUTRIE
City Attorney
4
Adopted and approved this 28th of July. 1998
/!v-rJitL-
Robert Holbrook, Mayor
I. Mana M Stewart, ~Ity Clerk of the City of Santa Monrca, do hereby certify that
the foregoing Resolution 9302 (CCS) was duly adopted at a meetmg of the Santa
MOnica CIty Council held on the 28th of July. 1998 by the followmg vote
Ayes Councllmembers
Fe~nste~n, Genser, Greenberg, Holbrook,
O'Connor, Rosenstein
Noes Councllmembers
None
Abstain Councllmembers
None
Absent Councllmembers
Ebner
ATTEST
'---" ~~
. .~_ \..u . ~~
(
Marra M Stewart, City Clerk
ATTACHMENT 0
t
.
CA f \atty\munl\laws\elect98 10L
City Council Meeting 7-28-98
Santa MOnica, California
RESOLUTION NO.9303 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA DECLARING
THE CITY'S INTENTION TO REIMBURSE EXPENDITURES
FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED
BY THE CITY AND APPROVING CERTAIN RELATED ACTIONS
WHEREAS, the CIty of Santa Monica (the "City") desires to fmance the
construction, remodeling and Improvement of Library bUildings and other related faCIlities
(the "ProJect"),
WHEREAS. the City may use a portion of the proceeds of obligations Issued or
Incurred to Implement the financing (the "ObligatIOns") to reimburse expenditures made
to pay costs of constructing and financing the Project prior to the Issuance or Incurrence
of the Obligations,
WHEREAS, United States Income Tax Regulations provide generally that proceeds
of tax-exempt obligations are not deemed to be expended when such proceeds are used
for reimbursement of expenditures made pnor to the date of Issuance of such obligations
unless certain procedures are followed, among which IS a requirement that (with certain
exceptions), prior to the payment of any such expendIture, the Issuer must declare an
Intention to reimburse such expenditure, and
WHEREAS, It IS In the publiC Interest and for the publrc benefit that the City declare
ItS offiCial mtent to reimburse the expenditures referenced herein,
1
.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF
SANTA MONICA AS FOllOWS
SECTION 1 The City Intends to Issue or Incur the Obligations for the purpose of
paYing the costs of constructing and financing the Project
SECTION 2 The City hereby declares that It reasonably expects (1) to pay certaIn
costs of the Project prior to the date of Issuance or Incurnng of the Obligations and (II) to
use a portion of the proceeds of the ObligatIons for reimbursement of expendItures for the
Project that are paid before the date of Issuance or Incurnng of the Obligations
SECTION 3 The maxImum principal amount of the Obligations IS TWENTY-FIVE
MilLION DOLLARS ($25,000,000 00)
SECTION 4 The City Clerk shall certify to the adoption of thiS Resolution and
thenceforth and thereafter the same shall be In full force and effect
APPROVED AS TO FORM
~~fueu~
MARSHA JO~S MOUTRIE
City Attorney
2
Adopted and approved this 28th of July, 1998
4-r~
Robert Holbrook Mayor
I, Mana M Stewart. .9lty Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution 9303 (CCS) was duly adopted at a meetmg of the Santa
MOnica City Council held on the 28th of July, 1998 by the following vote
Ayes Councllmembers
Felnste1n. Genser. Greenberg. Holbrook.
O'Connor. Rosenstein
Noes Councllmembers
None
Abstam CouncIl members
None
Absent Councllmembers
Ebner
ATTEST
~n.~ ,~o~_~cu1-
\..
Mana M Stewart, City Clerk