HomeMy WebLinkAbout8/16/2005 Minutes - Regular MeetingCITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
AUG UST f 6, 2005
STUDY SESSION: Mayor Chang called the Study Session to order
at 5:04 p.m. in Room CC -8 f the South Coast Air Quality Management
District/Government Center, 218 5 Copley Dr., Diamond Bar, CA.
Present: Council Members Herrera, Tanaka, Zirbes,
Mayor Pro Tem O'Connor and M yor Chang.
Also Present: James DeStefano, Acting City Manager; David
Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose,
Community Services Director; Linda Magnuson, Finance Director; Nancy Fong,
Planning Manager; Ryan Wright, Senior Administrative Assistant and Fred
Alamolhoda, Senior Engineer.
IN. Library Ballot Measure
► Cable TV Franchise Tra
► Public Comments on St
LIBRARY BALLOT MEASURE I
DCM/Doyle stated that MuniFini
mechanism. Originally, staff was
November ballot measure. Sin(
measure on the November ballo
Communities Facility District a
Attorney, Bond Counsel and the I
finalize the timeline staff must kn(
exclude the low-income exemptio
on the agenda for final action.
Chris Fisher explained that a CF[
that offered a community -wide be
issuing bonds against a CFD a
leeway in designing a tax structui
tax amongst the residents, busin(
would most likely result in a sl
because the CFD would allow a n
family and commercial properties.
building in a low-income exeml
should be keyed to income and nc
r Negotiation Discussion
Session Items
UES:
ficial was present to talk about the financing
)cused on a parcel tax due to the timing of the
Council has determined not to place the
the additional time allows for implementing a
recommended by MuniFinancial, the City
end Underwriter. In order to move forward and
i the date of the election, whether to include or
and when Council wants the resolution placed
was tailor made for a facility such as a library
refit. In addition, the Bond Underwriter prefers
d it gives MuniFinancial more flexibility and
that more fairly and equitably distributes the
sses and multi -family properties. Ultimately, it
jhtly lower rate on the single-family homes
ore fairly proportioned amount of tax on multi -
In addition, the CFD allows more flexibility for
tion. MuniFinancial believes the exemption
necessarily limited senior citizens.
AUGUST 16, 2005
PANE 2 CC STUDY SESSION
Mr. Fisher stated that three actions mu;
election: 1) September 6 — adopt the G
use of the Mello -Roos Act; 2) Septemb
Establish the CFD; 3) November 1 -- Pi
of Formation and call for an election wit
from that date (March through July).
come before Council prior to setting the
:Is and Policies document regarding the
20 — adopt a Resolution of Intention to
)lic Hearing for adoption of a Resolution
the election taking place 90 to 180 days
Chris Fisher responded to C/Tanaka tht he was correct in assuming that the
CFD would apply to all properties in D.B.
C/Zirbes said that this was a totally diff(
that disproportionately taxed properties
properties equally. In addition, there i
about a Mello -Roos tax.
Mr. Fisher responded to C/Zirbes that th
to the first meeting following the NOVE
occurring 30 days later (2nd meeting in SE
DCM/Doyle explained that the key di
wanted to take actionrip or to or after
to do nothing until after the November
election with the first meeting starting j
wanted to put the matter on the June
after the November election.
C/Zirbes felt that the Friends of the Libn
than an April election. He also felt a Jui
than an April election and that it was es
voters would be (seniors?) and what migl
election. In addition, he would prefer no
City Council election and misrepresentati
the library and who supported it and who
election into a debate about taxes. He
concept because of the Mello -Roos stat(
on "No Mello -Roos" when properties are ;
library parcel tax concept is more palata
tax.
Mr. Fisher agreed there was an historical
was markedly less than it had been in
widely used in Southern California in are
provide services to communities. Addi
educating the residents that Mello -Roos c
and could not be imposed upon resident:
approval.
nt concept from the citywide parcel tax
iereas the original concept was to tax
in his opinion, a negative concept
lead-in meetings could be pushed out
tuber election with the intent meeting
ptember).
s were based on whether the Council
November election. If Council decided
ction the timeline would lead to an April
after the November election. If Council
Ilot no action would be necessary until
ry leaned more toward a June election
e election would bring out more voters
ential to obtain an analysis of who the
t draw more voters out in June for a tax
to have this matter confused with the
ns being thrown out to the public about
lid not support the measure turning the
manted to know more about the CFD
ment when there is such an emphasis
dvertised for sale. In his mind a special
)le to the residents than a Mello -Roos
sigma attached to Mello -Roos but felt it
ie past because Mello -Roos was so
s of new and existing development to
anally, it was, he felt, a matter of
ild only be used for its stated purpose
because they have a right to vote its
AUGUST 16, 2005
PAGE 3 CC STUDY SESSION
MPT/O'Connor asked if the tax would apply to new businesses and residences
and Mr. Fisher responded "yes." MPT/O'Connor asked if this matter would be
heard and considered through the City's Public Financing Authority or directly
through the City. CA/Jenkins and DCM/Doyle said that it could be done either
way.
CA/Jenkins said it would probably most simply be done through the City because
there would not be a need forte same lease structure that had been included
when the community center was built.
ACM/Doyle explained that the
for the lease/lease back.
ACM/Doyle explained to C/Her
the same amount as a multi -fa
CDF the single-family property
multi -family parcel would pay t
equitable method of distributing
on the homeowner's tax bill.
blic Financing Authority was created specifically
ra that a single-family parcel would have paid
ily parcel under the parcel tax plan. Under the
Nner would pay their fair -share portion and the
sed on a per unit charge. The CDF is a more
ie cost and the assessment would be included
C/Herrera said that in spite of the "Mello -Roos" stigma it seemed to her that a
CDF would be a more equitable Method of financing.
Mr. Fisher responded to M/Chang that in his opinion the key to overcoming the
"Mello -Roos" stigma would be to educate the public to the greatest extent
possible. Homeowners will vote on this assessment and they cannot be charged
above the designed maximum tax unless the voters approved a raise in the
assessment. Previously homeowr ers feared that the tax rate could be raised and
raised and raised again and poo le felt they were getting taxed over and over
again with no accountability. The recent changes in the Mello -Roos laws
increase accountability requiring a report to be provided to the City Council on an
annual basis to show the amount of money collected, what the funds were used
for, the status of the project, etc. o give residents a comfort level that the funds
collected were being used in a 'et;
nner originally contemplated.
MPT/O'Connor asked if the City could set up a community oversight committee.
How does MuniFinancial base the rate for commercial property? Mr. Fisher
responded that his firm was working on that aspect of the assessment rate based
on standard statistical information regarding number of employees generated per
gross acre of commercial property of a certain class.
C/Zirbes asked if in theory the CFD formula could result in dropping the parcel
tax by a certain percentage and dollar amount based on the increased fair -share
to commercial and multi -family thereby resulting in a positive selling strategy.
Mr. Fisher responded that in the ry that is how the CFD formula would work.
However, there were no definitive numbers to support the theory at this time and
AUGUST 16, 2005 PAGE 4 CC STUDY SESSION
MuniFinancial indicated that informati
meeting if the proposed timeline were fo
C/Zirbes asked if the rate method
maximum dollar amount.
would be available by the "intent"
Id be based on a straight 1.8% or a
Mr. Fisher responded that it would be "a maximum dollar amount." This is such a
small tax that it would be based on a straight dollar amount. The City has to state
the maximum effective tax rate for any situation within its goals and policies for
any CFD going forward.
PUBLIC COMMENTS:
Clyde Hennessee took exception to the "small tax" statement because to him it
was not a small tax. He was unable to control the upward spiraling costs of
goods and services but he could contr I the assessment because the library
could be built without financially burdening the residents. He said he wanted the
City run by fiscally responsible people, not heroes.
Steve Smith, D.B. Chamber of Commerce, felt the property owner and not
necessarily the business leasing the parcel should make a decision on what
amount was assessed to his parcel bece use ultimately, the increased tax would
be passed along to the business.
DCM/Doyle explained to Mr. Smith that tf�e assessment would be to the property
owner.
Mr. Smith said that theories do not alw ys play out as intended and he would
appreciate it if the Council would consu t with the business community before
proceeding.
M/Chang closed the Public Comments.
In response to Mr. Hennessee's commant regarding the building being built
through a phased -in construction metho ACM/Doyle said that in his opinion a
phased -in approach would result in a muc i higher construction cost.
ACM/DeStefano asked Council to dermine whether the process would
commence before or after the November lection.
MPT/O'Connor asked CA/Jenkins if this decision would pose a conflict for the
Council Members up for election in November.
CA/Jenkins responded "No."
AUGUST 16, 2005
PAGE 5 CC STUDY SESSION
C/Zirbes recommended the Council shoot for a June election giving the City
more time to be educated, allow the matter to be decided on its own merits and
avoid a potential Council November election "Mucifest. "
C/Tanaka agreed that the mater should be considered after the November
election.
C/Herrera said she too would favor a general election because it is an important
issue and project for the City and should be done carefully and correctly allowing
adequate time for proper consideration.
MPT/O'Connor agreed that it was very important for the City that this matter be
moved forward carefully and correctly. Her only concern was that the June
election would have a $600 mill on State Library Bond measure and wondered
what chance of success D.B.'s 115 million bond measure would have if merged
with the State's measure.
Mr. Fisher said that his theory about whether a June election would be better
would be based on intuition and his intuition was that the City would probably
fare better in a standalone election.
MPT/O'Connor asked if there would be a difference in cost to the City between
the April and June elections. ACM/Doyle said there would be some additional
costs for an April election. MPT/O'Connor said she would feel more comfortable
if a political analyst would comment on the likely outcome and potential for
success.
CA/Jenkins reiterated that the critical decision tonight was whether to move
forward before or after the November election because if Council chose to move
forward after the November election the choice of April or June would remain a
possibility and the Council would have time to obtain the advise of a political
consultant relative to the very imp rtant issue posed by MPT/O'Connor.
C/Zirbes felt it would be interesting for the political consultant to comment on
similar situations in other cities.
M/Chang felt that a standalone s
avoid a potential conflict with the
MPT/O'Connor asked if the City c
CA/Jenkins responded "not to his
C/Zirbes felt that not enough pe
and the measure would therefore
election would be much better in order to
s library bond issue.
uld do a mail -in election for the CFD.
owledge" because it was still a parcel tax.
e would participate in a standalone election
1.
AUGUST 16, 2005
PAPE 6 CC STUDY SESSION
ACM/DeStefano reflected Council's dis
Members would favor making a deeisi(
Council would like to hear from a polit
standalone election in April/May versus
in June and that the majority of Council I
MPT/O'Connor said she was not sure
election.
Council concurred to move forward
November election.
Council concurred to schedule a study
receive input from a political consultant i
Council concurred to schedule the first
on November 15, 2005 during the regula
:ussion that the majority of the Council
n after the November election, that the
-al consultant regarding the merits of a
joining the statewide election measures
Rembers would favor a June election.
the Council Members favored a June
the decision-making process after the
assion prior to November 15, 2005 to
arding a potential election date.
liscussion regarding the CFD measure
City Council meeting.
ACM/DeStefano received concurrence tat the CFD financing method was the
preferred method of financing.
M/Chang reminded staff that Council warted definitive information about the low-
income exemption.
CABLE TV FRANCHISE TRANSFER NEGOTIATION DISCUSSION:
ACM/Doyle reported that during theCity's franchise fee audit SAA/Wright
discovered that franchise fees were not paid for some areas (91789 zip code
area). John Risk, consultant was conducting a citywide audit to capture
outstanding franchise fees prior to the transfer. Staff was seeking input from the
Council about other areas of opportunity One idea was to encourage the cable
company to run lines out to commercial buildings for cable modem service. To
Council's question about whether the City could negotiate for additional and
improved services, ACM/Doyle explained that the City is the regulatory agency
regulating the franchise transfer for thE safety of the community by making
certain that the company is viable and wi I provide good service. It is a matter of
negotiating when asking the cable company to provide certain things and the City
cannot demand or direct the company to do so. He said he was not certain if
negotiations would be successful because the rumor is that the cable company is
more likely to say No.
Mr. Risk stated that this particular reque
resulted from a bankruptcy court proceedi
instead of one -- Comcast and Time Wan
two transfers, one between Adelphia a
contract between Comcast and Time War
is Time Warner. Time Warner serves man
't for transfer was unusual because it
ig and the buyers were two companies
er. The City is being asked to approve
d Comcast and a second exchange
er. The ultimate transferee in this case
r communities in southern California
AUGUST 16, 2005
PAGE 7 CC STUDY SESSION
and northward into LA and the corporate
office for Southern California is located
in Costa Mesa with the operating
office in Orange. Ultimately, the City's interest
is whether this company in its fi
al form will be financially, legally and technically
qualified to operate the cable TV
system. In addition, the City needs to be certain
that Adelphia is in 100 percent compliance
to the D.B. franchise agreement prior
to the City Council providing consent
to approve the transfer. There is a joint
meeting with staff, Time Warner
nd Adelphia on Thursday, August 13 to discuss
how some of the compliance issues
could be remedied before staff brings a
recommendation to Council. H9
cautioned Council that in accordance with
federal law, if the City failed to act
within the provisionary 120 days the franchise
would automatically transfer and
be approved the same as if the City had given
its consent. Since the City does
not want an automatic transfer it has options to
deny the application on its face
or deny without prejudice for cause. He
recommended that the Council
adopt a middle stance and grant the City
Manager authority to deny without
prejudice the application prior to the end of the
120 day period or, authorize the
City Manager to reach mutual consent with Time
Warner and Comcast for extension
of the 120 day period. In either circumstance
the City must take action before
October 14. He referred Council to a draft
resolution that was reviewed by
the City Attorney as to form and it was his
recommendation that the City Council
adopt the resolution authorizing the City
Manager the aforementioned au
hority. He pointed out that the resolution does
not grant the City Manager the
because the ordinance grants tat
authority to approve the consent of transfer
authority only to the City Council. In his
experience, most companies agree
to an extension of time because 120 days is
an unrealistically short time peri
d for most cities to take action and it is an
unrealistically short period of time
for the company to respond to questions
generally posed by cities.
Mr. Risk explained to MPT/O'Cor nor that generally the number of days granted
in the extension of time is negotiated between the company and the City. He said
he believed that because a full franchise fee audit is currently underway the
timeliness of the response by Adelphia to the audit inquiries would drive the
timeline on the extension. Adelphia could not undermine the City because the
City has the authority to deny the transfer at any time. If the City were to deny the
transfer Adelphia would not be given authority to transfer the franchise and
Adelphia would have to maintain the franchise until such time as Adelphia
provided recompense.
CA/Jenkins pointed out that theCouncil would have to have solid findings in
order to request a denial of the tr nsfer and that staff and the consultant would
advise the Council as to whether s ch findings could be made.
There were no public comments offered on this item.
C/Zirbes wanted to know if staff could request a local customer service number,
a local customer service outlet, etc.
AUGUST 16, 2005
PAPE 8 CC STUDY SESSION
Mr. Risk responded that the audit F
current customer call mechanism to d
perform.
ACM/Doyle responded to M/Chang tl
franchise transfer and the new franch
years. ACM/Doyle assured Council the
obtain the best and most appropriate se
de -regulation of the cable industry the
stance. Therefore, it is in the best inter(
extent possible in exchange for somethii
ADJOURNMENT: With no furtt
Council, M/Chang adjourned the Study S
The foregoing minutes are hereby
2005.
WEN CHANG, Mayor
would determine Time Warner's
ne how they would be expected to
t this was a two -fold process — the
agreement that comes due in three
staff would do everything possible to
ice. Due to the Federal regulations and
ity is limited in its ability to assume a
of the City to negotiate to the greatest
the franchise company might want.
business to come before the City
ioWa6: p.m.
. Lowry, City C k
this _h day of zi,,t ,-, , x
MINUTES OF THE CITY COUNCIL
REGULAR MEETIN OF THE CITY OF DIAMOND BAR
UGUST 16, 2005
STUDY SESSION:
• Library Ballot
5:04 P.m., Room CC -8
ure Issue
• Cable TV Franchise Transfer Negotiation Discussion
CALL TO ORDER: Mayor Chang called the Regular City Council
meeting to order at 6:30 p.m 'in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
Mayor Chang reported that tonig t the City Council gave direction to staff regarding
the Library Ballot Measure Issue, The next discussion regarding the ballot measure
will be conducted during a September Council Study Session. The Council received
information from the City's consultant regarding the transfer of the cable TV
franchise from Adelphia to anoth r cable company. There was no reportable action
taken.
M/Chang adjourned the Study
PLEDGE OF ALLEGIANCE:
Allegiance.
INVOCATION:
Christian Church gave the Inv(
ROLL CALL:
Mayor Pro Tem O'Connor and
at 6:25 p.m.
Council Member Herrera led the Pledge of
fan Diorio, Young Adult Pastor, Diamond Canyon
Council Members Herrera, Tanaka, Zirbes,
yor Chang.
Staff Present: James DeStefano, Acting City Manager; David
Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Director of
Public Works; Bob Rose, Community Services Director; and Linda Magnuson,
Finance Director.
APPROVAL OF AGENDA:
1. SPECIAL PRESENTATI
1.1 Mayor Chang, Cou
Council Member Ta
Certificates of Recoc
"The Diamonds" wh(
in Lancaster.
Approved as proposed.
S, CERTIFICATES, PROCLAMATIONS:
icil Member Herrera, Council Member Zirbes,
iaka and Mayor Pro Tem O'Connor presented
nition to members of the D.B. Girls Softball Team
qualified for a spot in the ASA State Tournament
1.2 Introduction of New City Employees:
AUGUST 16, 2005 PAGE 2 CITY COUNCIL
PWD/Liu introduced Michelle Chan, Senior Administrative Assistant,
and Scott Lloyd, Str et Maintenance Worker 11, new employees in the
Public Works Division.
CSD/Rose introduced new employees in the Community Services
Division. Andee Tar zon, Community Services Coordinator— Special
Events; Krista Bere tis, Community Services Coordinator -Athletics;
Alison Meyers, Rec eation Specialist — Family and Neighborhood
Services; Lorry Me er, Community Services Coordinator — Senior
Citizens, and Ci ude Bradley, Parks and Maintenance
Inspector/Technicia .
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
3. PUBLIC COMMENTS: Allen Wilson said he was very concerned about
the addition of a parcel tax tD pay for a new library that would result in a one
bedroom condominium owner paying the same $53 as a single family
homeowner living in "The Country Estates." He said he was also concerned
that there was no sunset d te. $42 is for building construction and $11 for
ongoing additional inflationary operating costs. He felt the City should not be
asking the taxpayers to pay a parcel tax and that reasonable people would
consider a bond rather than a parcel tax because a bond would pay for the
building and it would contain a sunset date provision. In his opinion a parcel
tax would not fly. He recallec that the Walnut Valley School District attempted
to pass a parcel tax that failed and wondered why the City believed it could
happen in this instance. The City spent $65,000 for a June 7 special election
and now intends to spend 85,000 on April 6. He failed to see where the
Council was heading with th s proposal and said he would use every power
available to him as a privatecitizen of this community to defeat the measure.
He recommended the Coun it send the proposal back to the task force for
alternative ways of funding the library.
Lydia Plunk thanked the Cou icil and advertisers as well as the residents who
have welcomed the publication into their homes and for supporting The
Windmill. The community in ut has been phenomenal. The theme for the
September issue is the U.S. Constitution in honor of the September 17
commemoration celebration.
Clyde Hennessee said he w
any member of Council or stc
there were other ways to buil
as building it in phases. He
mentioned during tonight's S1
library in phases. He believes
to bid it would represent the 1
tax dollars it would cost twit
residents and one Council N
upon being elected he would
is not intending to sound inflammatory toward
ff or any resident of D.B. However, he believed
J and finance the construction of a library such
said he disagreed with a staff member who
idy Session that it would cost more to build the
that if the construction was phased and let out
)tal cost and that if the building were built with
as much to build. D.B. has never taxed its
ember indicated in his election literature that
aise taxes. There has to be fiscal responsibility
AUGUST 16, 2005
PAGE 3
CITY COUNCIL
and he found no reason t put the City into debt for something that would
look nice and provide more room for people to occupy. In addition, it would
cost in excess of $1.5 million for ongoing operating costs ad infinitum so it
means that the residents Would actually pay the price of two libraries plus the
$1.5 to $2 million per year for ongoing expenses. If the library were phased
there would be no need to pay for a change notice in the amount of $15-
25,000 between phases. He said that the City was, in fact paying for an
advertising agency to convince the residents to vote for the tax assessment.
4. RESPONSE TO PUBLIC
Wilson that apartment dw+
family homes. However,
discussion was contempl�
SCHEULE OF FUTURE
OMMENTS: M/Chang responded to Allen
ers would pay less than residents living in single
e issue had not yet been finalized and further
NTS:
5.1 FREE BASEBALU
OFTBALL CLINIC — August 20, 2005 — Beginning
at 12:30 p.m., Heritage
Park, 2900 S. Brea Canyon Rd.
5.2 PLANNING COMMISSION
MEETING - August 23, 2005 — 7:00 p.m.,
Auditorium, AQMD/
overnment Center, 21865 Copley Dr.
5.3 PARKS AND RECREATION
COMMISSION MEETING — August 25,
2005 - 7:00 p.m., Hearing
Board Room, AQMD/Government Center,
21865 Copley Dr.
5.4 LABOR DAY HOLIDAY — September 5, 2005 — City Offices will be
closed in observance of Labor Day. City Offices will reopen on
Tuesday, Septembe 6, 2005.
5.5 CITY COUNCIL METING — September 6, 2005 — 6:30 p.m.,
Auditorium, AQMD/ overnment Center, 21865 Copley Dr.
CONSENT CALENDAR: /Zirbes moved, C/Herrera seconded to approve
the Consent Calendar as prsented. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MINUTES — Regular Meeting of August 2, 2005 —
Approved as submitted.
6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES — Regular Meeting of June 23, 2005.
AUGUST 16, 2005 PAGE 4 CITY COUNCIL
6.3
M
RECEIVED AND (FILED TRAFFIC AND TRANSPORTATION
COMMISSION MINUTES — Regular Meeting of June 9, 2005.
RATIFIED CHECK
through August 11,
6.5 ACCEPTED WORK
FOR CONSTRUC
IMPROVEMENTS
DIRECTED THE
COMPLETION ANL
DAYS AFTER THE
'STERS dated July 1, 2005 and August 4
totaling $744,158.30.
'ERFORMED BY 4 -CON ENGINEERING, INC.
'ION OF PHASE II ADA AND OTHER
AT SYCAMORE CANYON PARK; AND
:ITY CLERK TO FILE THE NOTICE OF
RELEASE THE RETENTION THIRTY-FIVE
1ECORDATION DATE.
6.6 APPROVED A FIVE YEAR CONTRACT EXTENSION OF STREET
SWEEPING ANDD BRIS COMPOSTING SERVICES WITH R.F.
DICKSON COMPANY, INC., WITH A 3.6% CPI RATE INCREASE
FOR THE PER CUR 3 MILE RATE EFFECTIVE OCTOBER 1, 2005.
6.7 ADOPTED RESOI
PURPOSES OF RE
TIME WARNER C
TRANSFER AND A
THE TRANSFER ,
AGREE TO EXTENT
7. PUBLIC HEARINGS:
8. COUNCIL CONSIDERATI
JTION NO. 2005-49 ACCEPTING FOR
AEW THE FCC FORM 394 SUBMITTED BY
,BLE, INC. RELATING TO A FRANCHISE
THORIZED THE CITY MANAGER TO DENY
PPLICATION WITHOUT PREJUDICE AND
THE APPLICATION REVIEW PERIOD.
None
8.1 APPROPRIATION OF $14,000 FROM GENERAL FUND RESERVES
TO FUND IMPROVEMENTS AT THE DIAMOND BAR LIBRARY.
ACM/Doyle stated thr
$14,000 from the Gei
the short term at th
Library Task Force ai
include deleting tha
new book display
computers; developini
exterior look and feel
tables. The County Lil
$25,000 toward the in
pay $18,400 for the ni
improvements of $14,d
the timing of the improi
recommended that the
for the bond measure
November bond meas
this item was a recommendation to appropriate
Dral Fund Reserves to pay for improvements in
existing D.B. Library recommended by the
J approved by the City Council. Improvements
ass typin booths and re lacin them with a
rea; installing additional workstations and
a young adult area and improving some of the
by adding plants and concrete benches and
Crary agreed that the County would contribute
provements and Supervisor Knabe agreed to
w computers leaving a balance remaining for
00. ACM/Doyle asked for Council direction on
ements, if appropriate. The Library Task Force
improvements not begin until after the election
at a time when the City was considering a
ire.
AUGUST 16, 2005
PAGE 5
CITY COUNCIL
There was no one Present who wished to comment on this item
C/Zirbes stated thai
he and M/Chang chair the Library Task Force. As
Previously indicatec
the Council is currently discussing the possibility
of a library tax in th
form of a benefit assessment, CFD or parcel tax.
The measure is no
slated to be on the ballot for almost a year and
there is no assuran
a that the ballot measure will pass. Therefore, this
is an opportunity to
update the current facility, procure additional
computers that represent
better technology for the kids, provide
additional workable
square footage with a better layout and a better
youth area and procure
about $60,000 worth of improvements from
sources other than I
he City. These improvements should not change
the outcome of an a
ection because if $60,000 worth of improvements
to the current facili
means the City does not need a $13 million
library, then D.B.
does not need a $13 million library. These
improvements shOL
Id not have that much of an affect and he would
like for the Council
to move forward to work with the County and
Supervisor Knabe t
get the improvements in place now so that the
kids and other indiv
duals who use the library can enjoy an improved
experience and beg
n to talk about what a positive thing a library is for
the community and
look at it in a positive light.
C/Zirbes moved,\A/Chang
seconded to approve a $14,000
appropriation from peneral
Fund Reserves to Fund Improvements at
the Diamond Bar Library.
M/Chang concurred with C/Zirbes that a new library has been the
City's goal for many ears and the Council is moving forward to make
every effort to fulfill that goal. Whether or not the City builds the new
library it is important to keep the existing facility in good condition for
the students and th 3 residents in general. Staff and Council have
worked diligently to f nd the funds to build a new library to no avail and
instead of depletinc the City's General Fund reserves it seems
prudent to put the ry atter to the residents to decide whether or not
they truly wish to m 9ve forward to construct a new library.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
NOES: COONIL MEMBERS: None
ABSENT: COUN IL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
MPT/O'Connor asked that tonight's meeting be adjourned in memory of Katy
Rzonca, Mayor of Walnut, who passed away last Saturday from pancreatic
cancer. She said it was her understanding that Lewis, LLC had a new CFD
AUGUST 16, 2005 PAGE 6 CITY COUNCIL
proposal and although the previous CFD proposal was unanimously rejected
by the City Council she Would like to extend the courtesy to Lewis to have the
Council receive the details of the new proposal during a study session and
agendize it as appropriate if the Council would agree. MPT/O'Connor left the
meeting to accompany her daughter to the airport.
C/Zirbes said he too wished to adjourn tonight's meeting in honor of Katy
Rzonca who served her community well. C/Zirbes reflected on a telephone
call he received from Clyde Hennessee who said that it looked like C/Zirbes
could use a good steak.
He thanked Clyde and said
he understood Mr. Hennessee's concern about
his recent weight loss. That
got C/Zirbes to thinking about a statement made
to him by a colleague that when
you hold public office there is very little room
between your public and your
private life. C/Zirbes said he wished to have his
story in the open and imparted
to the Council and the residents that this past
January he was diagnosed
with cancer from an unknown primary source. He
immediately began chemotherapy
he tolerated well. Since January
at the City of Hope, a tough regimen that
he and his wife Jolene have continued to
press for answers to find the
led them all over the cour
primary source of his cancer, a search that has
try speaking with many different doctors and
pursuing different ideas. What
is frustrating for him and at the same time a
relief is that a special surgeon
at the City of Hope was able to locate the
primary source of the tumor.
Next Wednesday he will undergo surgery at the
City of Hope to remove the
targeted therapy. He wanted
primary tumor and begin a course of more
recovery and expects to finish
everyone to know that he expects a full
this and his next term with the City Council.
Because he will miss the next
two City Council meetings he wanted to get the
circumstances of his absence
in the public eye to avoid rumors. Many friends
and family encouraged him to
go on with his fight and he quoted from a letter
sent to him by one of his friends.
"I'm going to ask that you learn from Lance
Armstrong. Take the battle
ublic — it's time. Take away the power of any
whispering campaign. Namc
the enemy publicly so the community can fight
the cancer with you and the
but Jolene and your kids the
Ommunity will also be able to give not just you
love and support they deserve."
he had served D.B. in many capacities
C/Zirbes said
over the last 113 years and all of those
years he has enjoyed as much
as this year. C/Zirbes said "Goodnight and I'll
see you soon." C/Zirbes the
i left the dias.
C/Tanaka said he too hada opportunity to attend all of the Library Task
Force meetings and agreed t at the City needed to move forward and try to
improve the current library until a decision was made regarding a new library
and he would like to see the improvements started immediately. On
Wednesday August 3 he attended the Concerts in the Park. On Thursday
August 4 he attended the LE ague of California Cities, LA County Division
installation at Ports -O -Call ir San Pedro and witnessed the installation of
Sandy Seamans from Rolling Hills Estates as President. On Tuesday August
9 he attended the D.B. Chamber of Commerce mixer held at the Royal Vista
AUGUST 16, 2005 PAGE 7 CITY COUNCIL_
Golf Course. On August c
Sunset Crossing Road. C
Congresswoman Grace N
and the Tri Valley Water [
last of the Concerts in th
distribution by the Diamor
for the 80 plus children at
he attended the Neighborhood Watch meeting on
n August 10 he received a legislative update by
1politano hosted by the Metropolitan Water District
istrict. On Wednesday August 10 he attended the
Park series. Today he attended the backpack
J Bar Community Foundation and the City of D.B.
rhe YMCA Summer Camp programs.
C/Herrera said that certainly the community joins the Council and staff in
wishing Mr. Zirbes the best of luck with his surgery next week and we are
confident that he will make a full recovery. Tonight the Council voted on
spending additional money to update the current library and a couple of
Council Members commented on why that was important. For the children
who are currently using the library now is the important time in their learning
process and now is what counts to them. In her opinion, the City has an
obligation to make the library the best that it can be now.
Nothing is certain and the
the now and a $14,000 con
from the County and Supei
in this community. She welc
and said she appreciate
recognize on her visits to C
on receiving the honor of c
recalled that a few years ac
City Council Members tray
for wonderfully representin
great things and it is evider
announced that there woul
St. Denis Church at the coi
7:00 p.m. to 8:00 p.m. and
join in supporting his recov
future is uncertain so the City needs to focus on
tribution from the City along with the contributions
visor Knabe is a good investment for the children
omed the new employees introduced this evening
I being introduced to people she could then
ty Hall. Congratulations to the Girls Softball team
ompeting in the ASA National Tournament. She
D the D.B. team went to the nationals and several
;led to Florida to cheer them on and thank them
3 D.B. D.B. is a great place and the kids achieve
me of the parental support in the community. She
J be a prayer service for C/Zirbes on Sunday at
ner of Diamond Bar Blvd. and Silver Hawk from
he hoped that as many people as possible would
M/Chang wished C/Zirbes the very best success with his surgery and a
complete recovery so that he could rejoin the Council and continue to serve
the community as he has in the past. C/Zirbes is to be commended and
admired for his spirit and courage. M/Chang said that more information would
be presented to the commu ity in the near future regarding a new library. In
the meantime, Council was moving forward to fulfill the wishes and goals of
the residents in a way that b st served the community. Because the City was
not successful in obtaining rant funds to build the new library the Council
was seeking the assistance rom the residents to fulfill the peoples' goal. The
people have the final decisic n. He asked the residents to join with the City to
become informed about the proposal to build a new library and to make an
informed decision, not anemotional reaction.
AUGUST 16, 2005 PAGE 8 CITY COUNCIL
10. ADJOURNMENT: With n further business to conduct, M/Chang adjourned
the meeting at 7:30 p.m. i memory of Katy Rzonca, Mayor of the City of
Walnut.
A C. LOWRY, Cb CLERK
2005. I
The foregoing minutes are hereby approved this LjtL day of Sepfenber ,
WEN CHANG,