Hoping for the best
Ontario mayor is optimistic library district will sign off on new pact regarding ownership of facility

By Katie Pizza
Argus Observer
Sunday, April 12, 2009 2:11 AM PDT

KATIE PIZZA | ARGUS OBSERVER Joe Sevala, Ontario, looks at books at the Ontario library Friday afternoon. Sevala said he supports the potential agreement between the city and the newly-formed library district to gift the building.

Ontario-Ontario Mayor Joe Dominick said late last week he hopes that the Ontario Library District will accept a pact fashioned by the City Council regarding ownership of the library building.

“I would hope that they accept the city’s agreement,” Dominick said. “I don’t know if they will or not.”

The pact, approved last week by the City Council, essentially hands over the building to the newly-formed, voter-approved library district at no cost to the district.

Ontario City Attorney Larry Sullivan said last week the agreement will allow the city to continue to operate the building until July 1. After that, all costs — including maintenance, insurance and employees — will be paid for by the newly-formed district.

After July 1, the library then becomes responsible for all expenses.

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The library district will have to maintain the building for 20 years.

Dominick said he did not know when the library district would meet to discuss the document issued to the board by the city. He said he has not spoken to any library district members since the council handed the document off to Ontario Library District board member Joseph DeBudge Wednesday afternoon. 

The document, which states that “the library is ready, willing and able to take over the responsibility for the operation and maintenance of a public library,” was approved by a five to two vote.

“Just like citizens, some on the council are concerned about gifting a $3 million building that is a city asset,” Dominick said in a press release.  Dominick said he did not believe the vote represented a drastic change for the council. He said the council has had many hours of discussion on the topic and ultimately came up with a split.

Mills chose not to offer an explanation for her “no” vote.

“I think that as a councilor since we were in executive session for most of the time that I was speaking, I better not speak on this right now until this gets settled,” she said Wednesday night. Dominick said the council will have to wait and see what happens next. If the library board does not accept the proposal, he said, the council will wait for a counter offer.

However, the library building transfer may not be a permanent one.

The document includes stipulations such as the library building will return to the city if the district ceases to exist or the building is no longer used as a library.

The district will also be held responsible for all repairs to the building after July 1. The document mandates that the city will initially pay for repair costs, but the district must repay those costs “when tax revenues are reasonably available to reimburse the city.”

The district must also accept the building in its present condition if the district opts to sign the agreement. The document also dictates that the building be kept in at least its current condition because of the fact that the building could go back to the city within that 20-year timeframe.

In a phone interview Friday afternoon, Dominick said the section regarding the  possible transition back to the city — also known as a revisionary prevision — was included because of state law.

Though the district must keep the library in good shape, the agreement does not specify the shape of the building in the future.

“This provision does not impose any obligation on the library district to notify the city or to obtain the city’s permission prior to making any structural changes to the library,” the agreement document states.

The intergovernmental agreement also shows that the city is handing over more than just the building— it is also gifting most of the items inside the building as well.

“This includes but is not limited to all books, recorded media, magazines, indices, furniture, catalogs, equipment and software used for public library purposes,” the document states.

However, the agreement stipulates that the list of items gifted will not include the city files stored in the library’s basement, since those files are not used by the public library. Sullivan said at the meeting Wednesday afternoon, the city will continue to store the library district’s bookmobile at the public works yard in exchange for the approximately 600 feet of space in the library’s basement.

The pact also states that city employees who work at the library will become district employees after July 1. However, the city still has the ability to fire library employees prior to that date as long as it is in accordance with federal, state or city law. These employees cannot have their salaries reduced for the first year of the transfer, and the city will pay for vacation time still on the books when the transfer occurs. Three area residents interviewed Friday afternoon expressed support for the agreement.

“Anything that benefits the library, I’m for,” Pauline Zinie, Vale, said.

Ontario resident Beverly Stubbs said she believed the building should belong to the district. Mary Ross, Ontario, said she didn’t think about who owns the building and how that would affect the district when she voted for the district to be formed in November but that she has not supported charging the library rent.

 —an option that was discussed earlier this year.

Joe Sevala, Ontario, also said he supports the current agreement.

“I think it’s a good idea,” he said. “It follows precedent to my understanding.”

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