HomeMy WebLinkAbout8/1/2006 Minutes - Regular Meeting1
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CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
AUGUST 1, 2006
STUDY SESSION: Mayor Herrera called the Study Session to
order at 5:37 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Chang, Tanaka, Tye, Mayor
Pro Tem Zirbes and Mayor Herrera.
Also Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works
Director; Bob Rose, Community Services Director; Nancy Fong, Community
Development Director; IKen Desforges, IS Director; Marsha Roa, Public
Information Manager; Ryan McLean, Senior Management Analyst, Rick Yee,
Senior Engineer, and Tornmye Cribbins, City Clerk.
► Discussion of CFD (Library) Ballot Measure
► Discussion of Proposed Low -Income Rebate Program
1) DISCUSSION OF CFD (LIBRARY) BALLOT MEASURE
Brian Forbath, with Stradling Yocca Carlson & Rauth explained the two
proposed resolutions. The purpose of tonight's public hearing is to allow
residents and registered voters to discuss or comment on the proposed
levy of special taxes and the necessity to incur bonded indebtedness
within the proposed Community Facilities District (CFD) to pay for debt
service to pay for the proposed library facilities. At the conclusion of the
public hearing Council will be presented with two resolutions. The first
resolution establishes CFD 2006-1 and approves the rate and method of
apportionment of special taxes as set forth in the Resolution of Intention
adopted by Council about a month ago. This resolution also
acknowledges the filing of the facilities report that outlines the cost of the
facilities and services. Additionally, the resolution calls for an election to
be held on November 7 to be consolidated with the Countywide and
Statewide elections on that day. The second resolution determines the
necessity to incur bonded indebtedness on behalf of the CFD in order to
finance the library facilities in the amount of $13.1 million. Both
resolutions are legally required by the Mello -Roos Act to move forward
with an election on the bond financing and eventually, if approved by the
voters, a successful bond issuance. If the first two resolutions are
adopted a third resolution formally requests the county to conduct a
consolidated election.
Mr. Forbath responded to MPT/Zirbes that the underwriting fee would
most likely not exceed 1.5 or 2 percent of the bond issue. A reserve fund
of about 10 percent would be set aside and the balance would be used for
associated costs —
JULY 18, 2006 PAGE 2 CC STUDY SESSION
bond issuance and City administrative costs. The underwriter fee will be
less than $2 million. In addition, the City may be able to obtain a Surety
Bond to fund the reserves rather than the City's cash. At this point it is
premature to determine whether or not the City would qualify for the
Surety Bond.
Chris Fischer with Muni -Financial responded to MPT/Zirbes that he
assumed a very conservative 6.75% interest rate for purposes of analysis.
In speaking with an underwriter today he determined that pricing has been
in the range of mid 5 to 5.75 and 5.875 range so it is clearly well below the
estimated interest rate assumed for analysis purposes. If the interest rate
were to exceed the assumed 6.75% the proceeds of the bond would be
decreased accordingly. If the rate was lower than 6.75% the City would
have to make policy issues about the excess funds — either issue more
bonds or issue the same amount and levy a smaller amount of tax.
Mr. Forbath and Mr. Fischer responded to MPT/Zirbes that they could not
predict what rates would do in the next four months. However, as Brian
Forbath pointed out there has been a steady increase in rates over recent
months. The 6.75 percentage rate is based on a blended rate.
M/Herrera asked what percentage of votes would be needed to pass the
measure on November 7.
Mr. Forbath responded that any special tax approved by California voters
requires a two-thirds majority of votes cast.
Mr. Fischer explained that when Council adopted the Resolution of
Intension it included adoption of a resolution that included "rate and
method of apportionment," a technical document that spells out how the
tax is calculated and apportioned to the properties within the boundaries of
the proposed CFD. It is a very technical document. The CFD report
provides the background. The introduction gives a background on what
the Council has done to date. Section A) is a description of the facilities
and services; Section B) is a description of the boundaries of the CFD;
Section C) is the cost estimates; Section D) describes the rate and
method of apportionment. Exhibit a) description of the boundaries
including a map; Exhibit b) breaks down cost estimates based on
communications with staff indicating a full estimated gross amount of the
budget for operating the library and indicates that the special tax is
proposed to partially fund the $500,000 of that budget; The facilities
estimate is the best estimate of the cost to construct the library including
furniture, fixtures and of the $15 million, $11 million is proposed to come
from bond proceeds and $4 million from the City. To finance the $11
million in bond proceeds the actual bond issue amount is estimated to be
$13.1 million. Exhibit c) is the rate and method of apportionment, the
document that was included with the resolutions passed during the last
JULY 18, 2006 PAGE 3 CC STUDY SESSION
Council meeting. This document gives instructions on how to calculate
the tax and apportion that tax to the various types of properties within the
proposed boundaries of the CFD. The first section provides a definition of
terms that are used in the document. Section b and c talks about how to
classify the process and assign the taxes to the various classifications of
parcels and spells out the rates that are also shown in the CFD report.
MPT/Zirbes said there was a strong likelihood that the City would annex
another 1700-1800 acres and up to an additional 3500 homes. How
would that affect this proposal?
Mr. Fischer responded that once the property was annexed to the City the
City could undergo proceedings to annex the property to the CFD. The
property being annexed would be subject to the same rate and method of
apportionment. The property owners would have to vote on whether to
annex to the CFD. If the property were raw land owned by developers the
vote would be based upon acreage assuming less than 12 registered
voters. If the property owners were registered owners and registered
voters, a vote would be required. Two resolutions similar to what is being
passed now would) be passed upon a successful vote and the properties
would be subject to the same rate and method of apportionment.
Mr. Forbath explained that if it were a property owner election and the City
received unanimous consent certain election procedures could be waived.
MPT/Zirbes said that assuming the addition of 3500 homes, would the
additional revenue lower the levy rate for everyone or pay the bond down
faster.
Mr. Fortbath said the City could levy for debt service on the bond and
therefore could not pay the bond down sooner but spread the levy
amongst all of the new property owners thereby reducing the rate for all
other property owners.
Mr. Fischer responded to C/Tye that there would be no tax levied on land
unless and until it was developed.
C/Tanaka wanted -to know if the ballot measure passed, at what point the
City would go out to bid for construction.
ACM/Doyle responded that the first step would be to look at the design
process and solicit RFP's for architectural services, a process that takes
about a year. At the end of the process the construction documents are
developed and the documents then go out for bid, a two to three month
process. At that point a construction contractor is hired and construction
commences. Assuming passage on November 7 it would likely be two
and one-half years to commencement of construction (mid 2009).
JULY 18, 2006 PAGE 4 CC STUDY SESSION
ACM/Doyle indicated to MPT/Zirbes that staffs recommendation would be
that the tax levy would commence immediately upon approval of the ballot
measure.
CA/Jenkins explained that he will prepare an approximate 500 word
statement that is an impartial analysis intended to explain the procedure to
the voters — how much of a tax the voters would be paying, for how long
and what precisely the tax could be used for as well as, what kind of a
vote is required for the measure to pass. Assuming passage of the
resolutions this evening the analysis will be completed by mid-August and
go into the ballot pamphlet along with the other materials determined by
the City Clerk.
CA/Jenkins further explained that a typical ballot measure includes
arguments in favor of and against the measure and rebuttal arguments to
rebut the arguments in favor and against the measure. The Election's
Code allows the City Council the option of giving itself the priority for
preparing and putting in the ballot pamphlet arguments either in favor of or
against or both. Council's options are 1) it can appoint itself as a body to
prepare a ballot argument either in favor of or against the measure. In this
instance the Council would be speaking as one body or, 2) the City
Council may appoint any number of Council Members from 1 to less than
5 to prepare the ballot argument either for or against; or 3) the City
Council may appoint some of its members to write the ballot argument for
and others to write the ballot argument against. The advantage is that the
prepared argument would be the one that would be included in the ballot.
The other option is for Council to take no option in which case ballot
arguments can be prepared from within the community and the Elections
Code provides a priority list of who has a first priority, second priority, etc.
after the City Council for selection of an argument that is done by the City
Clerk. For example, the first priority would be a bona fide association of
citizens who are either proponents of or opponents to the measure. If
there are more than one the City Clerk gets to choose. The second
priority is individual voters. Staff is asking Council to decide when it
adopts the resolution which of the options it wants to make and the
resolution language will be adjusted accordingly.
Following discussion C/Tye, MPT/Zirbes and M/Herrera favored the
Council not being involved in the arguments for or against and C/Tanaka
and C/Chang wanted the Council to be involved in the arguments for or
against the measure.
Council unanimously concurred to not have a citizens' oversight
committee to oversee use of funds, construction and operation of the
facility.
JULY 18, 2006 PAGE 5 CC STUDY SESSION
ACM/Doyle said staff felt an obligation to provide some information to the
citizens and asked for Council's input with respect to a possible
educational campaign or materials and how pro -active staff should be in
putting the information out to the public.
MPT/Zirbes suggested a two-sided fact sheet that would give the facts of
the old library versus the new library. He would also like to see it on the
City's Website but was concerned about whether it should be placed in the
City's Newsletter.
C/Tanaka said he favored the Website and Newsletter.
C/Tye suggested the Website and DBTV.
M/Herrera concurred.
C/Chang felt impartial information should be included in all publications
including the City News, the City's Website and DBTV.
C/Tye reiterated that it would be a re -active campaign as opposed to a
pro -active campaign.
ACM/Doyle restated that Council desired to have information published in
the City News, on DBTV and on the City's Website. In addition, staff will
have a fact sheet to give out at City Hall upon request. He asked if
Council wanted a community meeting.
Council concurred to not hold a community meeting.
CM/DeStefano stated that staff would come back to the Council with a
proposed education campaign and costs associated with it in accordance
with Council's direction for its final approval.
2) DISCUSSION OF PROPOSED LOW-INCOME REBATE PROGRAM
ACM/Doyle handed out material explaining the proposed low-income
rebate program. There are 1889 households that qualify for the Edison
Rebate Program and it is unknown how many are single-family homes as
opposed to multi -family homes. Staff took the number and assumed the
total cost of the bond measure for single- family homes was $89, the
highest assessment (worst case scenario). If the City were to do a 25%
rebate based on the 1889 participates it would result in a General Fund
impact of $42,000, The next table deals with a rebate for construction
costs only and the 'last table deals with rebates on ongoing costs.
MPT/Zirbes felt the decision about whether to have a rebate could be
postponed until after the November 7 vote.
JULY 18, 2006 PAGE 6 CC STUDY SESSION
ACM/Doyle responded that if the Council wanted to do a rebate program
such a decision could help sway the argument for the measure to pass.
Presumably, low-income voters would be more likely to vote "no" unless
they knew they had a rebate coming.
Public Comments: None Offered.
ADJOURNMENT: With no further business to come before the City
Council, M/Herrera adjourned the Study Session at 6:40 p.m.
n
J �I
T:44Y M CRIBBINS, City Clerk
The foregoing minutes are hereby approved this 15th day of august ,
2006.
CAROL HERRERA, Mayor
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
AUGUST 1, 2006
CLOSED SESSION: None
STUDY SESSION: 5:37 p.m. — Room CC -8
No. DFC (Library Ballot Measure) Discussion
Public Comments on Study Session Items
CALL TO ORDER: Mayor Herrera called the Regular City Council
meeting to order at 6:41 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
M/Herrera reported that Council began the evening in a Study Session at 5:30 p.m.
with a discussion regarding the Library Ballot Measure.
PLEDGE OF ALLEGIANCE: M/Herrera led the Pledge of Allegiance.
INVOCATION: Mindy Chamberlain, Early Childhood Director,
Diamond Canyon Christian Church gave the Invocation.
ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro
Tem Zirbes and Mayor Herrera.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community
Services Director; David Liu, Public Works Director; Linda Magnuson, Finance
Director; Nancy Fong, Community Development Director; Marsha Roa, Public
Information Manager; Rick Yee, Senior Engineer; Ryan McLean, Senior
Management Analyst and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 M/Herrera introduced City Manager James DeStefano.
M/Herrera thanked ACM/Doyle for his tenure as Interim City Manager.
RECESS: M/Herrera recessed the City Council meeting at 6:47 p.m.
RECONVENED: M/Herrera reconvened the City Council meeting at 7:05 p.m.
AUGUST 1, 2006 PAGE 2 CITY COUNCIL
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Update by Rick Meza with SCE regarding the electrical problems
suffered during the recent heat wave.
Mr. Meza stated that on Tuesday of last week Edison customers
exceeded the record for usage and as a result, 1400 Edison
transformers failed affecting more than 1.1 million customers. D.B
suffered some outages throughout the City generally as a result of
overheated transformers that blew out. Mr. Meza said that residents
could help these situations by setting their thermostats at 78 degrees,
using fans (particularly during afternoon hours from 12:00 noon to
6:00 p.m.), block direct sunlight, close doors and vents in unused
rooms and take a personalized home energy-saving audit online at
www.sce.com; businesses should also set their thermostats at 78
degrees, use fans and when possible shift power -intensive work
processes to morning or evening hours. SCE allows residents to
purchase a new energy-efficient refrigerator and obtain a rebate.
They can also turn in old non -efficient refrigerators for a $50 rebate.
SCE offers air-conditioning cycling programs for businesses and
residential from June through September. A device is attached to the
unit that will tum off the unit when ISO asks Edison to shed load.
When residents and business suffer outages or general service
problems they should call 800-611-1911.
M/Herrera felt it was a critical matter for some D.B. residents who
were without power for as much as 48 -hours.
Mr. Meza responded to M/Herrera that the blown out transformers
were replaced with new transformers.
M/Herrera reiterated that there were many people who felt desperate
about the situation. She thanked staff for helping residents and
thanked Mr. Meza for his explanations.
C/Tye asked if the transformers were replaced only upon failure.
Mr. Meza responded that SCE looks at all of their equipment over
time and replaces it when deemed necessary. In this case the failure
was due to overloading the system due to the unrelenting heat.
Mr. Meza thanked staff for their assistance and residents and
businesses for their patience and understanding.
2.2 Presentation regarding the Brea Canyon Road Separation Project
update.
AUGUST 1, 2006 PAGE 3 CITY COUNCIL
PWD/Liu reported that construction had commenced and beginning on
August 26 or 27 the contractor will close all lanes of the Southbound Brea
Canyon Rd. between Spanish Ln. and Washington St. and will provide only
one travel lane on Northbound Brea Canyon Rd. between Washington St. at
the south and Spanish Ln. at the north. Access to the Metrolink station will
be maintained from both directions on Brea Canyon Rd. The interim close is
anticipated to continue to October/November at which time Brea Canyon Rd.
will be closed in its entirety.
3, PUBLIC COMMENTS: Ron Everett said his opposition to the
recent appointment of Osman Wei as a Planning Commissioner was not
personal. He said he honestly and objectively appealed this selection at the
June 20 and July 18 Council meetings on grounds of serious ethical issues,
conflicts of position interest and the perception if not reality of unfair
negotiating and competitive advantage with the same person holding both
Planning Commission and "The Country Estates" Homeowners Association
Board Member positions at the same time. In his opinion, it was not right for
one individual to hold two positions in separate but related complex
intertwined government quasi -government positions at the same time with
the competing formal conditions and the responsibilities that exist. He
respectfully disagreed with CA/Jenkins on this matter and his counsel that
recusal was a realistic mitigation for the many parties with interest behind the
gates of "The Country Estates." Mr. Everett stated that his interest and
commitment was for openness, better ethics, integrity and fairness for the
benefit of all of D.B. Therefore, he determined that his only option was to
make the aforementioned statement and resign his position on the Planning
Commission. He! offered his sincere thanks to staff and especially
CDD/Fong, the Planning Department staff and to the City Manager. He
welcomed CM/DeStefano back to D.B. and said he looked forward to his
leadership. He thanked ACM/Doyle, all other departments of the City and
the residents.
Marie Buckland said she was sad that Mr. Everett felt compelled to resign his
position.
Robert Deerfield spoke about trash problems at 23612 Jubilee Ln. He
contacted the City regarding a truck filled with trash to overflowing that was
parked in a driveway. He said the City sent Code Enforcement out and all
they did was put a tag on the door. He felt it presented a health situation and
presented blight on the neighborhood.
4, RESPONSE TO PUBLIC COMMENTS:
M/Herrera responded to Mr. Deerfield that staff would look into the trash
problem.
AUGUST 1, 2006 PAGE 4 CITY COUNCIL
SCHEDULE OF FUTURE EVENTS:
5.1 Concerts in the Park (Cold Duck) 70's Top 40) — August 2, 2006 —
6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr.
National Night Out.
5.2 Planning Commission Meeting — August 8, 2006 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
5.3 Concerts in the Park— (Mark Wood & the Parrot Head Band Jimmy
Buffet Tribute Band) - August 9, 2006 — 6:30 — 8:00 p.m., Sycamore
Canyon Park, 22930 Golden Spgs. Dr. Last Concert of the Series.
5.4 Traffic and Transportation Commission Meeting — August 10, 2006 —
Adjourned due an anticipated lack of quorum.
5.5 City Council Meeting — August 15, 2006 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Chang moved, C/Tanaka seconded to approve
the Consent Calendar. Motion carried by the following Roll Call vote: ---
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 APPROVED CITY COUNCIL MINUTES:
6.1.1 Study Session of July 18, 2006— as submitted.
6.1.2 Regular Meeting of July 18, 2006 — as submitted.
6.2 RATIFIED CHECK REGISTER — containing checks dated June 26,
2006 and July 14, 2006 through July 27, 2006 totaling $852,376.41.
6.3 REVIEWED AND APPROVED TREASURER'S STATEMENT —
Month of June 2006.
6.4 APPROVED CONTRACT AMENDMENT NO.9 WITH DAVID EVANS
AND ASSOCIATES, INC. FOR $50,000; PLUS A CONTINGENCY OF
$5,000 FOR A TOTAL AUTHORIZATION OF $55,000 TO PROVIDE
DESIGN SERVICES FOR LORBEER FOOTBALL FIELD AND
SLOPE IMPROVEMENTS AT LORBEER MIDDLE SCHOOL.
AUGUST 1, 2006 PAGE 5 CITY COUNCIL
6.5 APPROVED AMENDMENT TO GRAFFITI REMOVAL CONTRACT
WITH GRAFFITI CONTROL SYSTEMS IN THE AMOUNT OF $3,000
FOR A TOTAL CONTRACT AMOUNT OF $48,000 FOR FY 2005-06
BUDGET.
6.6 (a) APPROVED PLANS AND SPECIFICATIONS AND AWARDED
CONSTRUCTION CONTRACT FOR THE GRAND AVENUE STREET
IMPROVEMENTS PROJECT, PHASE II IN THE AMOUNT OF
$1,453,000 TO SULLY -MILLER CONTRACTING COMPANY; AND
AUTHORIZED A CONTINGENCY AMOUNT OF $102,000 FOR
CONTRACT" CHANGE ORDERS TO BE APPROVED BY THE CITY
MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF
$1,555,000.
(b) APPROVED CONTRACT AMENDMENT WITH DMS
CONSULTANTS, INC. (DMS) FOR CONSTRUCTION
MANAGEMENT SERVICES IN THE AMOUNT OF $114,462 PLUS A
CONTINGENCY AMOUNT OF $10,000 FOR CHANGE ORDERS TO
BE APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION AMOUNT OF $124,462 FOR THE GRAND
AVENUE STREET IMPROVEMENTS PROJECT, PHASE II.
6.7 APPROVED SECOND READING AND ADOPTED ORDINANCE NO.
05(2006) REVISING THE CITY'S PURCHASING SYSTEM AND
AMENDING THE DIAMOND BAR MUNICIPAL CODE.
6.8 APPROPRIATED $2,000 DONATION FROM THE DIAMOND BAR
COMMUNITY FOUNDATION TO THE FY 2006-07 BUDGET FOR
THE "SUNDAY AT THE CENTER" FINE ARTS SHOW SCHEDULED
FOR SUNDAY, NOVEMBER 19, 2006 AT THE DIAMOND BAR
CENTER.
6.9 ADOPTED RESOLUTION NO. 2006-66: ESTABLISHING AN
APPROVED VENDOR LIST AS DEFINED BY ORDINANCE NO.
05(2006).
7. PUBLIC HEARINGS:
7.1 COMMUNITY FACILITIES DISTRICT 2006-1 (DIAMOND BAR
LIBRARY).
M/Herrera opened the Public Hearing at 7:35. She reported that
Council received staffs report and a report from Muni -Financial and
Stradling Yocca Carlson & Rauth and had discussed the matter
during the tonight's study session and that the discussion and items
introduced would be entered into and become a part of the record.
AUGUST 1, 2006 PAGE 6 CITY COUNCIL
ACM/Doyle reported that tonight was the culmination of a process that
began in May 2006 to create a bonding mechanism ballot measure to
provide funds for construction of a new library as well as, increased
operating expenses. The items before Council this evening are the
final two actions necessary to place the measure on the November
ballot. The subsequent resolution asks the County to consolidate the
election with the November 2006 election. This is a $13.1 million
bond issuance that creates a revenue stream of approximately
$500,000 (today's dollars) for increased operating costs with a built in
CPI index escalator. Council directed two changes to the resolutions
that are contained within tonight's packet: 1) eliminate language for a
Citizens' Oversight Committee and 2) Council determined to have
community members represent arguments in favor and against the
ballot measure.
Brian Forbath, the City's Bond Counselor, explained the purpose of
the resolutions. The first resolution establishes the Community
Facilities District 2006-1 and approves the final tax rates for the
district that were introduced about a month ago upon adoption of the
Resolution of Intention.
Additionally, the Resolution calls for an election to be held on
November 7, 2006. The second Resolution determines the necessity
to incur bonded indebtedness in the amount of $13.1 million with
about $11 million going toward construction and the remainder toward
the cost of the bond. If adopted, this Resolution would also call for
the ballot measure to be presented on the November 7, 2006 ballot.
Both of the Resolutions are statutory requirements under the Mello -
Roos Act that are required to be put before the City Council in order to
proceed with the formation of a Community Facilities District and the
ultimate issuance of bonds by the district if approved by the registered
voters within the District.
Chris Fischer, MuniFinancial reviewed the facilities report provided in
Council's packet. The Community Facilities District Facilities Report
was initially presented to Council about a month ago as The Rate and
Method of Apportionment, the technical document that spelled out
how to levy and apportion the tax among various types of property
within the district. The Community Facilities District Facilities Report
enhances the initial report by including what the District is proposed to
finance, the boundaries of the District and detail on the facility and
services that would be included in the proposed District. The rates
have not changed since the Council adopted the original documents:
The rate for a single-family property is $89 made up of $61.20 for the
facilities and $21.80 to finance the services for the library; the rates
for multi -family and commercial follow. Exhibits to the report include
Exhibit A) the description of the boundaries and a boundary map;
Exhibit B) cost estimates, facilities breakdown (cost of construction,
AUGUST 1, 2006 PAGE 7 CITY COUNCIL
furniture, fix1tures and equipment, architectural engineering, project
management, development contingencies). The total project cost is
currently estimated to be $15 million with the CFD proposing to
finance $11 million of that amount upon approval of the CFD; Exhibit
C) rate and imethod of the apportionment previously adopted.
Betty Johnson said that she and her husband had resided in D.B. for
40 years and felt that a new library was very important to the
community; that it would make essential reading materials available
locally and that parking would improve. She said she strongly
supported the City Council's commitment to fund a new library for
D.B.
Jerry Boykin encouraged the City Council to pass the resolutions.
Costs and rates have been increasing consistently and it would be a
good time to lock in a rate. He believed that if the City built a new
library the people would come.
John Forbing, a 30 -year resident appreciated that the Council had
placed this matter on the agenda and would appreciate it even more
when the resolutions were passed so that the residents would have
an opportunity to cast their vote in favor of or against a new library.
He would like to have a new library because there is currently no
parking and no room for community meetings and, it is very difficult to
use the present facility because it has outgrown the area needs. As
Chairman of the Historical Society he has received items that the
library no longer had room to store because the facility has outgrown
its ability to store documents that were entrusted to them. The
Historical Society does not have the means and facilities to properly
catalogue and document the history of the City and the City needs a
place within a new facility to document the history of D.B. by way of
historical photos and documents.
Priscilla Ankrah said that since they were was little she and her sister
Claudia have been avid readers and have enjoyed visiting the D.B.
Library and reading books together. With the dawn of a new library
there are endless possibilities and as a student of Diamond Ranch
High School she sincerely hopes that construction of a new D.B.
Library would be supported.
Gwen Robinson also supported a new D.B. Library that would greatly
benefit the community. Studies have shown that libraries return $5 for
every $1 invested. Libraries are community based — they bring the
community together and instill pride in the community. In addition,
good libraries help increase property values, bring in new businesses
and create activities that benefit cities. Accessibility is important and
the current facility has a terrible traffic program and terrible parking lot
problems and these problems primarily keep many of the City's
AUGUST 1, 2006 PAGE 8 CITY COUNCIL
seniors and families away from the library. She felt that a new library
was extremely important for the community — not just for safety, for
advancement of education and well being of the community as a
whole.
Joseph Hsu said that when he and his family moved to D.B. about
seven years ago they were surprised that the librarywas so small and
cramped. Everyone should agree that education is very important
especially for the next generation. A library is the best place to show
that the entire community supports education. He is a working father
with a very busy schedule but he volunteers a lot of his time and
volunteered his experience in assisting the City with computers,
graphic design, data analysis and the internet because he wanted to
help make the library a dream come true. He believed that with
everyone working together toward a common goal the community
would have a better tomorrow.
Mike Shay, a 34 -year resident said that good services like good
schools increase property values in any community. For that reason
alone he believed D.B. residents would support the November 7
proposition. A new library for this community is overdue. D.B. is a
well-educated community and as has been discussed many times a
library can become the heart of this City. The residents look forward
to a beautiful facility providing services that will meet the needs of the
community. This has been an ongoing and long process and the
decision tonight is about the flag that stands for freedom — freedom of
speech and freedom of choice. The residents hope that the leaders
of this community will allow the citizens to enjoy that freedom on
November 7.
Roger Meyer, a 30 plus year resident thanked the Council for their
foresight to allow the people of D.B. to vote on an issue that would
affect their taxes. He thanked staff for putting the proposition together
in such a timely fashion and said he believed a new library would be a
monument to the resident of D.B. showing their wisdom and
knowledge in giving the youth a place to go and learn.
Ms. Ling, resident and part time real estate agent thanked the Council
Members who have worked so hard to maintain a good quality of life
for its residents. She said she appreciated the school districts for
their high standard of education. Ninety-nine percent of her clients
choose to live in D.B. because the City has the best school districts.
A modern library is one of the most important elements of literacy and
education and it would vastly improve the image of D.B.
Beverly D'Errico, a 20 -year resident thanked the Mayor and City
Council for allowing residents to speak on this issue. She concurred
with other speakers that the current library is too small and the City is
AUGUST 1, 2006 PAGE 9 CITY COUNCIL
overdue for a new facility that will service the community. She asked
that Council pass the Resolutions.
Al Rumpilla, a 34 -year resident said he was not opposed to education
but was opposed to a new library because it would be used by only a
small group of people most of the time. He felt the City would be
better served by putting a computer in each residence providing
access to the Internet because every book ever written was available
through the Internet. A library is not going to give that to the kids or to
the adults. He felt this Council would be surprised about this matter
like the first City Council was surprised when it found D.B. could not
really get away from the County. His biggest concern was the tax
implication to residents because not all D.B. residents have the kind
of income it takes to support additional taxes. Many residents are on
a fixed income. He believes that when the majority of residents find
out what is going on they will step forward and vote "no" in November.
He invited concerned citizens to call him at 861-8898 to help form
opposition committees.
Wanda Tanaka said she agreed with John Forbing that the City needs
a place to house historical artifacts in the new library so that everyone
can learn the history of this beautiful City.
C/Tanaka said he was a little concerned about the high cost of
construction but had faith in the consultants and the City's Counsel.
He felt it was important that the project move forward for the good of
all residents and that it was good for the residents to have an
opportunity to vote on the matter. Further, he believed that a newer,
larger facility with ample parking that would provide needed services
to the residents would be a good offset of the construction costs.
C/Tye clarified for Mr. Rumpilla that the new library would not be a
City library but a County library, which was one of the major
drawbacks he discerned during discussions with constituents that
residents were making a decision to build a facility that the County
would operate. However, Council Members may believe that they
know what is best for the community and in this instance it is perfectly
appropriate for the citizens of D.B. to vote on this issue.
C/Chang explained that the library building and the land would belong
to the 60,000 residents of D.B. and whether or not it would be run by
the County or by the City was at the discretion of D.B.
MPT/Zirbes said it had been about two years that D.B. had talked
about a new library. The City attempted to get bond grant funds and
a task force was appointed to look at ways to improve the existing
library while looking at ways to finance a new library if the bond
measure faiiled. The bond measure failed and the Council has been
AUGUST 1, 2006 PAGE 10 CITY COUNCIL
working for several months to come up with a plan to build a new
facility. He felt it was a good proposal and that folks in D.B. elect the
five City Council Members to make decisions for them. He did not
believe the residents elected the City Council Members to make a
decision to spend $13 or $15 million to build a library but that a
decision by the Council to give the residents an opportunity to vote on
the matter was something the residents wanted.
M/Herrera stated that residents were afforded the opportunity to file a
written protest about the forming of the CFD. M/Herrera asked
CC/Cribbins if she had received any letters of protest.
CC/Cribbins responded that she had not received any protests.
M/Herrera closed the Public Hearing at 8:15 p.m.
MPT/Zirbes moved, C/Chang seconded to Adopt Resolution No.
2006-67 and Resolution No. 2006-68. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye,
MPT/Zirbes, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ACM/Doyle announced that the deadline for filing complaints regarding this
measure was August 18, 2006.
COUNCIL CONSIDERATION:
8.1 ADOPT RESOLUTION NO. 2006-69: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ACTING
AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2005-1 OF THE CITY OF DIAMOND BAR (DIAMOND
BAR LIBRARY), REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER
7, 2006 WITH THE STATEWIDE GENERAL ELECTION TO BE
HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS
CODE.
CM/DeStefano reported that this Resolution requests the Board of
Supervisors of the County of Los Angeles to consolidate the special
municipal election to be held on November 7 with the statewide
general election. Staff recommends that the City Council approve
staffs recommendation.
AUGUST 1, 2006 PAGE 11 CITY COUNCIL
MPT/Zirbes moved, C/Tanaka seconded to adopt Resolution No.
2006-69.
C/Tye said it was his intention to vote affirmatively to place this matter
on the November 7 ballot. However, he wanted no one to be
confused about his personal feelings about a new library. Although
the current facility is not the most up to date library he believed that
when he served on the task force that the goal was for a better library
and not a brand new library or an expensive library. He said he would
not vote to tax himself but that it was appropriate to have the public
make the decision.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye,
MPT/Zirbes, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8.2 APPROVE FIRST READING OF ORDINANCE NO. 06(2006):
AMENDING SECTION 18.108.050 OF THE DIAMOND BAR
MUNICIPAL. CODE RELATING TO FLOODPLAIN MANAGEMENT
REGULATIONS.
PWD/Liu reported that flood damage was not covered under most
homeowners' insurance policies. However, through a program
administered by the Federal Emergency Management Agency
(FEMA) reslidents can protect themselves from financial loss due to
flooding. Under FEMA's National Flood Insurance Program (NFIP)
Federally funded backed flood insurance is available in communities
that adopt and enforce regulations in order to prevent and mitigate
flood losses. Nationwide almost 20,000 communities have joined the
program and the City of D.B. has been participating in the NFIP and
adopted a floodplain management ordinance that is codified in Title
18 of the City's Municipal Code. To adequately inform property
owners of flood risks and to determine appropriate rates for flood
insurance coverage FEMA responded by modernizing and
maintaining digital flood insurance rate maps for almost 20,000
communities across the United States. He showed an aerial map of
D.B. that depicted flood maps/geographical areas defined by FEMA in
accordance with varying levels of flood risk such as low, moderate or
high-risk. Based on FEMA's update three zones were designated
within the City of D.B. The City is designated Zone X which is
considered to be a low to moderate risk flood zone with less than one
percent chance of annual flooding with an average flood depth of less
than one foot. Zone A and Zone AO have been designated for a
small area around Brea Canyon Rd. and Lycoming St., an area
considered to be high-risk for flooding. For Zone A there is a one
AUGUST 1, 2006 PAGE 12 CITY COUNCIL
percent annual chance of flooding and a 26 percent change of
flooding over the life of a 30 -year mortgage. For Zone AO there is a
one percent or greater chance of shallow flooding each year usually in
the form of sheet flow with an average depth ranging from one to
three feet. This area also has a 26% chance of flooding over the life
of a 30 -year mortgage. As a condition of the NFIP the City of D.B.
must adopt the new Flood Insurance Study as well as the Digital
Flood Insurance Rate Maps prior to September 20 of this year.
Additionally, the City must ensure that its regulations are in
compliance with Federal regulations. Section 18.108.050 entitled
"Basis for Establishing the Areas of Special Flood Hazards" was
amended to meet the minimum requirements set forth in the NFIP so
that D.B. residents may continue to have flood insurance available to
them. Residents may visit FEMA's Website at www.fema.gov or
www.floodsmart.gov, Staff recommends approval of First Reading of
Ordinance 2006-06 by Title Only and waive full reading.
C/Chang moved, C/Tye seconded to approve First Reading by Title
Only of Ordinance No. 06(2006) and waive full reading. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye,
MPT/Zirbes, M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER COMMENTS:
C/Tanaka reported that this year he had the opportunity to attend all but one
of the Concerts in the Park. That same evening he attended Casino Night.
On Monday, July 24 he hosted a Chinese delegation from Fujian Province.
A majority of the delegates worked for the planning division of their city and
were interested to learn about the efficiency of the D.B. Planning
Department. Wednesday through Friday of last week he and C/Tye attended
the League of California Cities 2006 Mayors and Council Members Academy
Executive Forum, attended informative general sessions and took advantage
of networking opportunities. On Friday, July 28 he and M/Herrera attended
the Inaugural Regional Chamber of Commerce Installation and dinner. He
congratulated Nef Cortez on being installed as President and said that
Supervisor Don Knabe performed excellently as the installing officer.
Tomorrow is "National Night Out" in conjunction with the Concerts in the Park
event.
C/Tye congratulated CSD/Rose and his staff on obtaining approval of the
Lorbeer Middle School agreement for joint use of fields. Finally, the PUSD
has signed off and the project moves forward. He was pleased to join
C/Tanaka at the League of Cities. There are 478 cities and 58 counties in
AUGUST 1, 2006 PAGE 13 CITY COUNCIL
the state and it is true that "we are better together." He said he was truly
saddened and disappointed by Ron Everett's decision to resign from the
Planning Commission. Although he did not agree with Mr. Everett's decision
and had not been successful in discouraging him from resigning It was
because of Ron's integrity and character that C/Tye chose him to be on the
Planning Commission and it was because of his integrity and character that
he had resigned. C/Tye thanked C/Everett for his service on the Planning
Commission. Tomorrow is the next to the last Concert in the Park and he is
looking forward to hearing Cold Duck and celebrating "National Night Out."
C/Chang said that he was glad that tonight Council approved a revision to
the City's purchasing system and code, which he felt would greatly benefit
the City and its operations. The purchasing system is concerned with items
in excess of $25,000 and each year the Council will approve a list of
approved vendors that can be considered under the City's purchasing
system. He thanked staff for improving the purchasing system.
MPT/Zirbes welcomed CM/DeStefano back to D.B. He too was happy to see
the Lorbeer Middle: School move forward and believed that by next summer
the fields should be looking like other parks in the City. It is admirable that
CSD/Rose and his; staff never lost sight of the goal and continued to move
forward to benefit the residents. He said he was also pleased that the library
matter would finally go to a vote of the people on November 7 and anyone
who has an argument pro or con should submit them to the City Clerk by
August 18. MPT/Zirbes suggested that staff add other utility companies —
Edison, the gas company, the water company, Adelphia, etc. to the City's
website. MPT/Zirbes thanked the D.B. Sheriffs team for their excellent work
in making D.B. a safe City.
M/Herrera welcomed new City Manager Jim DeStefano and said it was great
to have him at the helm. She hoped it was a good first meeting for him.
M/Herrera told ACM/Doyle she said lovely things about him while he was off
tending to City business and ACM/Doyle assured M/Herrera that he would
watch the replay. M/Herrera thanked ACM/Doyle on behalf of the City
Council for serving as the City's Interim City Manager. As always he did a
fabulous job. ACM/Doyle has a lot of energy, is very forceful and is very
committed and dedicated. ACM/Doyle accomplishes everything he sets out
to do. D.B. is very proud to have ACM/Doyle on staff. She thanked him for
all that he had done for D.B. ACM/Doyle and CM/DeStefano handled most
of the details of the Four Corners Transportation Summit in Diamond Bar
and it was a fantastic event attended by more than 200 individuals from cities
throughout the four counties. D.B. is absolutely determined to fix its
transportation problems and many of the problems are regional problems so
with the coalition of many cities and private organizations the goals will be
accomplished. One of the major goals is to finally fix the SR57/60
interchange. She thanked staff for their hard work which makes the Council
look good.
AUGUST 1, 2006 PAGE 14 CITY COUNCIL
2006.
ADJOURNMENT: With no further business to conduct, M/Herrera
adjourned the regular City Council meeting at 8:47 p.m.
TOMMY CRIBB INS, CITYCLERK
The foregoing minutes are hereby approved this 15 thday of A„gpi s+ ,
6114�1k-�
CAROL HERRERA, MAYOR