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HomeMy WebLinkAboutItem 4.1 Approve 11-25-1991 Minutes (2) REGULAR MEETING - November 25, 1991 A regular meeting of the City Council of the City of Dublin was held on Monday, November 25, 1991, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7: 35 p.m. , by Mayor Snyder. ROLL CALL PRESENT: Councilmembers Burton, Howard, Jeffery, Moffatt and Mayor Snyder. ABSENT: None. PLEDGE OF ALLEGIANCE (610-20) Assistant Patrol Leader Tom Clifton, from Troop 920 led the Council, Staff and those present in the pledge of allegiance to the flag. Tom stated he particularly enjoys camping, hiking and putting up tents. Mayor Snyder stated the Kaleidoscope Troop is a very important one to the community. Matt Pinney was scheduled to be at the meeting tonight, and Mayor Snyder jokingly stated everyone was sorry that Matt had to be in Hawaii. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FROM DUBLIN'S ADOPTED MILITARY UNIT (150-85) Shelly Bergbower read and presented to the City a Certificate of Achievement received from the Alpha Company, 4th Battalion, 32d Armored Regiment. The City of Dublin adopted this Unit through the America Supporting Americans program several months ago. The Certificate thanked the City for providing moral and morale support and stated they were proud to be a part of our great community. . According to correspondence received, they were saddened by the deactivation of their unit which was to have been completed by November 1st. They report that the latest rumor is that the 3rd Armored Division is being relocated to Ft. Hood, Texas. Ms. Bergbower advised that she will submit any future correspondence to the City. CM - VOL 10 - 423 Regular Meeting November 25, 1991 ---------------------------------------------------------------------- COPIES TO: ITEM NO. ' INTRODUCTION OF NEW EMPLOYEE (700-10) Public Works Director Thompson introduced Don Santina, who was recently selected to fill the City's Public Works Inspector position. Even though Don has been working in Dublin for quite some time, he was actually a contract employee assigned to work here. The Council welcomed Don aboard. DECEMBER CUSTOMER SERVICE AWARD (150-90) City Manager Ambrose presented the Customer Service Award for the month of December to Ginger Russell, Administrative Aide in the Public Works Department. Ginger continually displays her commitment and excellent approach to customer service. A coffee mug and restaurant gift certificate were presented to Ginger. CONSENT CALENDAR On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council took the following actions: Approved Minutes of Regular Meeting of November 12 , 1991; Adopted RESOLUTION NO. 119 - 91 APPROVING AGREEMENT WITH EARTH SYSTEMS CONSULTANTS FOR GEOTECHNICAL AND SOILS INVESTIGATION TO DETERMINE SOIL STABILITY OF WESTERN HILLSIDE OF SAN RAMON ROAD AND WHETHER LANDSCAPING IN THE AREA IS FEASIBLE (600-30) and authorized the City Manager to execute the agreement with the cost of the study not to exceed $15,872 . Cm. Burton questioned if this was private property. Public Works Director Thompson advised that it is all public property. The State of California bought the right-of-way when they thought the street would go through. The City maintains this. Adopted RESOLUTION NO. 120 - 91 REJECTING LOW BID FROM PACIFIC INTERNATIONAL CONTRACT, INC. , AND AWARDING CONTRACT 91-08 (SENIOR CENTER VINYL FLOOR REPLACEMENT) TO GENE'S FLOORING AND INTERIORS-$9,779.90 (600-30) and authorized the Mayor to execute the agreement; n*A*w*n*A*n*n*n*n*w*A*w*w*n*n*A*n*n*A*A*A*n*A*n*n*n*w*A*n*A*A*n*w*A*n* CM - VOL 10 - 424 Regular Meeting November 25, 1991 Adopted RESOLUTION NO. 121 - 91 AWARDING CONTRACT 91-09 (SIDEWALK SAFETY GRINDING) TO PHIL THOMASSON CONSTRUCTION-$8,995 (600-30) and authorized the Mayor to execute the agreement; Adopted RESOLUTION NO. 122 - 91 AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH HINDERLITER AND DELLAMAS TO CONDUCT A SALES TAX AUDIT (600-30) and appropriated the necessary amount to pay for the audit from new found revenues that are generated from the audit. Cm. Burton stated he thought this agreement was ambiguous as to whether the 15% continues beyond the eight quarters. Finance Director Molina advised that it does not continue beyond the eighth quarter. City Manager Ambrose passed out a chart explaining the services. Adopted RESOLUTION NO. 123 - 91 APPROVING AMENDMENT TO THE FREEWAY AGREEMENT BETWEEN STATE OF CALIFORNIA AND THE CITY OF DUBLIN DATED JUNE 12, 1989, RELATING TO THAT PORTION OF STATE HIGHWAY ROUTE 580 FROM TASSAJARA ROAD TO 0. 1 MILE WEST OF DOUGHERTY ROAD (600-50) and directed the City Clerk to forward 2 certified copies to Caltrans; Approved Warrant Register in the amount of $736, 064. 10 (300-40) . DUBLIN LIBRARY IMPROVEMENT STUDY (940-60) Recreation Director Lowart advised that Alameda County Librarian, Linda Wood, has requested an opportunity to share the results of a recent study commissioned by the County Library regarding ways to improve the existing Dublin Library building. The study was undertaken because the current library building is becoming increasingly crowded and library staff wished to determine what the possibilities are for using the existing site to its maximum capacity. The study was performed by Marquis Associates of San Francisco. Ms. Lowart explained that the site for the Dublin Library building is owned by the County and leased to the non-profit Alameda County/Dublin Library Corporation. The Corporation in turn owns the building and n*�*n*n*w*^*a*n*A*^*n*n*�*�*A*A*A*n*n*n*A*. *A*A*A*A*A*n*�*A*�*�*n*A*n* CM - VOL 10 - 425 Regular Meeting November 25, 1991 i leases it to the County in exchange for annual rent payments provided from property taxes. The Corporation uses the rent to retire the bonds. The final payment will be due in 1999, and when the bonds are completely paid off, title will vest with the County. Since the Dublin Library is County-owned, the County is responsible for building and grounds maintenance. However, under the County's policy on library buildings, each community must provide its own library building, and any expansion or major remodeling must be funded by the community. Ms. Lowart stated that before either the City or the County can determine the reasonableness of investing in improvements in the existing Dublin Library building, a comprehensive look is recommended at long term library building needs in light of the City's projected population growth. Options considered should include expansion of the existing library and construction of a second library in the eastern Dublin planning area, or alternatively, abandonment of the existing library building and construction of a single, larger building to serve the entire City. Staff recommended that a joint planning effort be undertaken between the City and the County Library with the first step being to appoint a Library Planning Task Force with representatives from the community. Staff from both the City and the County Library would serve as staff to the Task Force. The Task Force would review and evaluate the Library Improvement Study as well as other options, and make recommendations to the City and the County Library. The Task Force would include: City Council (1) ; Friends of the Dublin Library (1) ; Dublin Library Corporation (1) ; Dublin Unified School District (1) ; Citizens At Large (2) ; and Business Community (1) . Cm. Burton questioned if this would be ready for the 1992-93 budget. Ms. Lowart advised that the Task Force is now in the preliminary stages. Any recommendations may be contingent on development to the east and west. Joy Cadone, Deputy County Librarian addressed the Council and stated Linda Wood sent her regrets, but she had to go to an Alameda County retreat. Ms. Cadone stated she moved to Dublin in April and he is a very proud resident. Since the Library building was built 13 or 14 years ago, services and technology has greatly expanded. The current building has outgrown itself. The study will need to be evaluated in light of anticipated growth changes. Hal Brandes stated his firm has been requested to help out because the facility has become very crowded. He gave background information on how they developed their study. Existing and possible future layouts of the library were displayed. During their work, they have found that the library facilities are generally good. Problems relate to lack of space. Movement of materials and people is congested. The A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 426 Regular Meeting November 25, 1991 meeting room shape, lighting and ventilation could use some improvement. There is no adequate space for seniors. Also, the sprinkler system should be inspected. They developed 3 alternatives showing a range of plans which could be considered. In all 3 of the alternatives, they are suggesting an interior reorganization. The plans are not detailed, but Mr. Brandiss explained that they presented possibilities from a minor program of expansion to major expansion. Libraries have a personality and this is one of the more pleasant ones with which he has had the pleasure of working. Cm. Burton asked what would happen to the parking if the building size were to be increased. Mr. Brandes indicated that one consideration would be the parking available on adjoining properties. Mayor Snyder pointed out that some of the additions would be added to the lawn area. Cm. Jeffery asked what kind of down time there would be for the library using alternative #1. Mr. Brandes stated they have not figured out the details yet, but have discussed the possibility of about 3 months; however, they might be able to keep a part of the library open during this time. There could be a sprinkler problem with this, however. Cm. Jeffery stated she also questioned the parking issue. The back lot has a lot of wasted space in the middle. Ms. Cadone stated she would anticipate that any time you look at additions, you would have to take a look at the parking situation. There would be some closed time, so they would have to look at serving the public in some manner. At this time, they are looking at whether or not it is appropriate to engage in enlarging this building or whether it should be another larger building. The Task Force will look at these kinds of things. Cm. Howard asked if there was any reason why the fence was behind the library. Cm. Jeffery advised that it is private property but there is a walkway through. She questioned how much capacity, book wise, it would increase. Mr. Brandes advised that they are looking at a 50% increase in the building area, plus they would be making it more efficient by reconfiguring. Better utilization of the space could be attained. Cm. Jeffery stated that technology changes rapidly in just a few years and questioned if a listening room could be planned for blind residents. She asked if we would have the capability of doing this. w*n*A*A*n*n*n*A*n*A*n*n*n*A*A*n*w*A*A*A*A*w*A*A*A*A*A*A*A*A*A*A*A*�*^* CM - VOL 10 - 427 Regular Meeting November 25, 1991 �F Mr. Brandes advised that there is not a lot of extra space for these types of programs. Cm. Jeffery also felt that space should be considered for computers. Ms. Cadone advised that some of the items were basically not initially analyzed as high priority. They have definitely taken technology into consideration. Cm. Jeffery stated she felt the Americans with Disabilities Act (ADA) should be taken into consideration since we will be responsible for this. Ms. Cadone advised that the 3 different approaches are flexible. Cm. Moffatt questioned if the ADA requires that we have rooms or if it can just be areas. Cm. Jeffery stated she was not sure at this point. Ms. Cadone advised that the Task Force will certainly want to address these points. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council approved the formation of a Library Planning Task Force and appointed Cm. Burton to serve on the Task Force. CALIFORNIA CUSTOMER CARPET REQUEST FOR ZONING ORDINANCE TEXT AMENDMENT TO PERMIT OUTDOOR STORAGE AS A CONDITIONAL USE (450-20) . Associate Planner Choy advised that Mr. Greg Kent of California Custom Carpets is requesting the City Council to initiate a Zoning Ordinance Text Amendment to allow outdoor storage on his property at 6815 Dublin Boulevard as a conditional use within the C-2 General Commercial District. Currently, there are 9 storage containers on the site. Mr. Choy explained that the existing C-2 District regulations limit outdoor storage to that necessary and incidental to conditional uses associated with automobile, boat, camper and trailer sales, storage or rental lots and plant nursery uses. City Staff began researching the history of the existing storage containers in response to a request by the Dougherty Regional Fire Authority Fire Marshal on August 15, 1990, as a result of investigating a fire which occurred within a dumpster on site and which spread to one of the storage bins. Mr. Choy advised that the existing non-sprinklered, concrete tilt up building was completed in October, 1971, and cannot be increased in size to provide additional interior storage space. The property was zoned M-1, light industrial when the building was built and outdoor storage was allowed with the issuance of a Conditional Use Permit. A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* *A*A*A* *A*A*A*A*A*A*A*A*A*A t o*A*A*A*^* CM - VOL 1 0 — 4 2 8 Regular Meeting November 25, 1991 The Applicant contends that he received approval from the County of Alameda to locate the storage containers on site, however, City records do not indicate the issuance of a CUP for the storage containers, nor is there any record of building permits for the _ storage containers. Mr. Choy advised that in 1974, the property was rezoned to C-2-B-40 and this zoning does not allow outdoor storage. Since March, 1991, Staff has been working with the Applicant to resolve the outdoor storage operations. In order to permit outdoor storage, a Zoning Ordinance Text amendment would need to be initiated by the City Council. Mr. Choy explained the intention of prohibiting outdoor storage in a C-2 District. Outdoor storage is generally considered to be out of character and image with the wide variety of businesses and commercial activities of a general commercial area such as retail and eating/drinking establishment uses. Outdoor storage is more acceptable to the character and image of the working environment of a light industrial area. A Zoning Ordinance Text Amendment would affect all properties located within the C-2 General Commercial District, or approximately 55 parcels in the City. Staff did not recommend the amendment and felt that if a Commercial business cannot contain its entire operation within its building or tenant space, then a larger building or tenant space should be utilized rather than permitting outdoor storage area. The M-1 District allows warehousing as a permitted use and several M-1 zoned properties in the general vicinity of the subject site are currently vacant which the Applicant could utilize in lieu of the outdoor storage containers. Cm. Jeffery questioned if the parking in the back was part of their parking requirements. She also asked if it is big enough for delivery trucks. Mr. Choy advised that there was originally an additional parking bay which has been eliminated. Cm. Jeffery asked if there were some way to rezone this, could the building be added onto. Mr. Choy advised that this building is at its maximum size. You cannot add on unless the building is sprinklered. Cm. Moffatt asked if the whole area is fenced and locked at night. Mr. Choy advised that it is fenced, but he wasn't sure it is locked. Cm. Burton stated the property adjoining in the back is M-1. He asked if they would be able to rent space and move the containers just across the fence. A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A* CM - VOL 1 0 - 4 2 9 Regular Meeting November 25, 1991 Mr. Choy advised that this would be a sideyard on the adjoining property which would require a 10' setback. He wasn't sure what the building code requirements were. It would be an allowed use under a CUP. Greg Kent, owner of California Custom Carpets and owner of the building advised that this business is one of the oldest businesses in the City. It was originally formed in 1968 and he purchased the business in 1976. There has always been 8 containers there. He was under the impression that permits were issued by Alameda County; however, he has never seen anything to this affect. They have had numerous fire inspections over the years. The containers are a very integral part of their business. They are mostly used for the storage of urethene padding. Drivers cannot unload pads into a building, but they can unload the rolls into the containers. They used to store a 20 yard dumpster next to the containers. Mr. Kent explained how the fire occurred. He purchased a container from the Eneas and just recently received it. Mr. Kent stated he is happy to see the changes that have occurred in Dublin. He takes a lot of pride in his business. The containers have always been behind the building and every 5 or 6 years when they paint the buildings, they also paint the containers. When the area wasn't fenced, they ended up with all sorts of junk dumped there. Also, people tend to cut corners and drive through there to get to Sierra Court and avoid stop lights. The building was designed as an industrial building. There is almost 100' behind the building. He gave 20' of his land to the City in anticipation of having Dublin Boulevard widened someday. He didn't feel the containers pose a problem. He would hate to see a Zoning ordinance change that would affect other business in the City. He hoped there would be a way to grandfather the containers in. With regard to using the former Dublin Office Supply building space, Mr. Kent reported that he has a potential tenant for that space. Mayor Snyder clarified the fact that as long as Mr. Kent has owned the building there has never been a request to rezone. Mr. Kent advised that the property was rezoned prior to his purchasing it. Cm. Jeffery questioned if it was just padding that is stored in the back. Mr. Kent advised that it is 40' rolls which are 6' long. Also, they keep molding pieces in one of the containers. They recycle padding. The recyclers come in at all hours of the day and night to pick it up. They have a key to the gate because other recyclers come and try to steal the materials. The padding is non-flammable. Cm. Jeffery questioned if the materials were to be put into some type of carport or covered porch that could be sprinklered, could this solve the problem. A*n*n*A*n*A*n*n*A*n*A*A*n*A*A*A*n*w*w*n*A*A*n*A*n*n*A*A*A*A*A*A*A*A*A* CM - VOL 10 - 430 Regular Meeting November 25, 1991 Mr. Choy advised that the problem is with the building itself. The building would need to be sprinklered in order to have containers located next to it. Mayor Snyder discussed the rezoning in 1974 and asked if it were in an M-1 zone now, would there be any problem in issuing a CUP. Mr. Choy advised that a CUP could be issued if it were in an M-1 zone, but the containers would need to be relocated with a minimum setback and they can't be grouped in clusters of more than 1, 000 square feet. There are 2 sizes, 8' x 35' and 8' x 201 . There are endless possibilities for locating these containers on site. Cm. Burton questioned if there is any problem with a shortage of parking spaces. Mr. Choy stated he didn't believe there is any parking shortage problem. Mr. Kent stated parking has never been a problem at this building. He didn't see a need for any additional containers and stated if he had to get by with less, it would force him to clean up a little. Cm. Moffatt pointed out that future emphasis will be on source reduction and recycling. In order to recycle something, you need somewhere to store the materials. This is just the beginning of a whole process. The Council will have to make some decisions in the near future. He stated he had no problem with the type of configuration being discussed. Mayor Snyder stated the problem is how to make it fit the rules. Cm. Burton questioned if it were changed back to M-1 would retail still be allowed. Mr. Choy advised that retail is not allowed in the M-1 zone. Cm. Jeffery questioned her understanding that it would not be necessary to change the zoning if the containers were relocated. Mr. Choy responded no, a Zoning Amendment would have to be initiated. Mr. Ambrose advised that the real issue is building regulations. Outdoor storage is not allowed. Mr. Kent indicated that one of the permitted uses in a C-2 district is a storage garage. He was unable to get a definition of storage garage from the Planning Department. Mayor Snyder felt it probably means for the storage of automobiles. Planning Director Tong stated he would concur with this definition, but would double check with Alameda County Zoning to see if they concur with this definition. The City could process a Planned A*A*A*w*A*A*A*A*n*A*n*n*n*n*A*w*A*A*A*A*A*A*A*�*A*A*A*A*A*A*�*^*�*�*^* CM - VOL 10 - 431 Regular Meeting November 25, 1991 Development for this particular parcel with one of the uses to allow for outdoor storage. In essence, the other C-2-B-40 zoned properties in the City would not be affected. In the long run, it would be more efficient to address a PD for this particular parcel. Mr. Ambrose clarified that the Applicant would have to pay for a PD, but the City would pay for a Zoning Ordinance Amendment. When questioned, Mr. Tong advised that a PD would cost approximately $2, 000 to $4 , 000, depending on the amount of Staff time. Mr. Kent felt there should be some way of grandfathering in the containers. He would move them away from the building so that they are not a fire hazard. If they were not longer allowed, they should have been moved at the time the building was rezoned. The owner should have been sited. Ms. Silver clarified that Staff indicates there was no CUP for the containers which would make them a legal non-conforming use. Mayor Snyder felt the Council should modify the C-2-B-40 uses. Cm. Jeffery stated she felt Cm. Moffatt's comments related to recycling were good ones. On motion of Cm. Burton, seconded by Cm. Jeffery, and by unanimous vote, the Council instructed Staff to work with the land owner to develop a change in the Zoning to allow for the storage containers as a conditional use. Staff should draft the necessary modification to allow the outdoor storage. Mayor Snyder also asked that Staff begin to work with Mr. Kent to arrange for a configuration of the containers which would be safe and then deal with the CUP as soon as it is in place. PUBLIC HEARING DENSITY BONUS ORDINANCE (430-20) Mayor Snyder opened the public hearing. Senior Planner Carrington stated that the Density Bonus Ordinance, as required by State Law, would provide developers with sufficient incentives through density bonuses to provide rental and ownership housing for lower and very low income households and for seniors. As revised, the Ordinance would allow ownership restricted units to appreciate with the market if they remain affordable to the income group to which they were originally assigned. Restricted units which are inherited or are acquired through divorce or marriage could be rented if the new owner does not qualify by income to live in the unit. The City will be responsible for qualifying tenants and maintaining an eligibility list. Restricted units would be similar to A*n*A*A*A*n*A*w*A*A*A*, *n*A*n*A*n*A*A*n*w*n*n*n*A*n*A*A*n*A*n*n*�*, *A* CM - VOL 10 - 432 Regular Meeting November 25, 1991 market rate units, include all unit types represented in the project and be dispersed throughout a development. Mr. Carrington reviewed the the Staff Report which listed a number of changes and/or corrections and referenced which parts were discretionary and those which are required by State Law. Cm. Burton questioned why on Page 2 (h) of the Ordinance we are restricting residency requirements to 1 year immediately prior to date of application. Mr. Carrington advised that just having 1 year indicated was considered, but then they considered the potential for someone who served in Operation Desert Storm to return. Dublin residents would be given priority. Cm. Burton felt that since they were only talking about 1 year, this should be taken out because it's unnecessary. Mayor Snyder stated what is being identified, is an allowance for those who might not have been here continually for a year. He didn't feel that the verbiage creates a problem. City Manager Ambrose pointed out that this would be temporary absences and could also include college, as well as military. We must look at the types of situations that could occur. Cm. Burton questioned why Staff was using a family of 4 for measuring income of senior housing. This is not a good measure. Mr. Carrington advised that senior units are not restricted on sale. The low and very low units are where income restrictions apply. Staff's intent was to establish a standard that would be used throughout the Ordinance. A family of 4 was chosen in order to have a standard price, but it would not be applied to senior units. The initial sales price is established by the City. Restricted unit appreciation is restricted by Section 8. 16. 100 (b) . A sentence could be added under control of resale that restrictions on resale pricing applies to restricted units, but senior units are excluded from resale prices. The intent of the State Law is not to provide low income senior housing, but just to provide senior housing. The sentence would be added to Section 8 . 16. 100 (a) . Cm. Burton asked if senior housing would go to market rate. Mr. Carrington advised that this was correct. Mayor Snyder indicated that this will be a model ordinance. Mr. Carrington supplied verbiage to be added to Section 8. 16. 100. "Control of or resale of ownership units shall apply to only those units provided to low income and very low income and should not apply to senior housing. " A*A*w*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*�*�*�*�*�*A*A*A*A*�*A*A* CM - VOL 10 - 433 Regular Meeting November 25, 1991 Cm. Moffatt asked if the Dublin Housing Authority is still a viable group to handle this. Mr. Carrington responded yes. Mayor Snyder closed the public hearing. Cm. Moffatt questioned if the changes discussed were considered to be substantial. Mr. Carrington advised that the Ordinance would be reintroduced and then adopted at the next meeting. Cm. Burton requested that the changes be marked on the Council's copies. On motion of Cm. Jeffery, seconded by Cm. Moffatt, and by unanimous vote, the Council waived the reading and reintroduced the Ordinance with the changes discussed in the Staff Report and changes discussed by the Council. DUBLIN CINEMA FREESTANDING SIGN VARIANCE APPEAL (400-30) Assistant Planner Kachadourian presented the Staff Report and advised that on November 12 , 1991, the Council directed Staff to draft findings of fact for approval of a Variance for the Dublin Cinema freestanding sign. Mr. Kachadourian explained that the existing sign is 34 ' high, has approximately 516 square feet of sign area, including changeable sign copy (readerboard) and is set back 30' from the property line along Dublin Boulevard and approximately 140' west of the I-680 right-of- way. The Applicant proposes to modify the existing sign by reducing the height to 25' and removing the 148 square foot Dublin Cinema hexagon sign face. The Dublin Cinema name would be attached to the top of the readerboard with no changes proposed to the existing size of the readerboard. The location of the sign would remain the same. These proposed modifications would reduce the existing sign area from 516 square feet to a total of 496 square feet. Mr. Kachadourian advised that the maximum permitted sign area for the existing sign at its present location is 180 square feet. In order for the Applicant to exceed the maximum permitted sign area and setback requirements, a Variance must be granted based upon 3 findings of fact. The findings contained in the Staff Report were explained. If approved, the sign must comply with building code requirements. On motion of Cm. Jeffery, seconded by Cm. Howard, and by unanimous vote, the Council adopted A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*-*A*A*A*A*A*A* CM - VOL 10 - 4 3 4 Regular Meeting November 25, 1991 J 1 RESOLUTION NO. 124 - 91 APPROVING PA 91-046 DUBLIN CINEMA VARIANCE REQUEST TO MODIFY AND MAINTAIN A FREESTANDING SIGN WHICH EXCEEDS THE MAXIMUM ALLOWABLE SIGN AREA AND TO DEVIATE FROM FREESTANDING SIGN SETBACK REQUIREMENTS AT 7450 DUBLIN BOULEVARD DECLARATION OF FISCAL INTERDEPENDENCY AND STATEMENT OF PRINCIPLES BY CITIES, COUNTIES AND SCHOOL DISTRICTS (ABAG) (140-10) Management Assistant Barker advised that the Interagency Fiscal Interdependence and Reform Committee of the Association of Bay Area Governments (ABAG) has developed documents which attempt to recognize the fiscal and organizational interrelationships of cities, counties and school districts, and which set forth broad principles and guidelines through which restructuring and reform of fiscal and organizational relationships between the governmental organizations can begin. They are seeking the support of all cities, counties and school districts with the intent being to stabilize revenue. Mr. Barker advised that Mayor Snyder has been participating in the deliberations of this issue. Cm. Burton stated he didn't feel it was smart to adopt the principles because of #4 which he felt was directly aimed at Proposition 13 . Mr. Ambrose advised that one of the issues is the fact that cities in years gone by had local sources of revenue, but the State came along and offered to collect this revenue. As things have gotten tighter with the State's budget, they have forgotten that some of these revenues were local revenues to begin with. That has been the main impetus in looking at this. Cm. Burton stated he also had a problem with #6 which relates to the required 2/3 vote for tax increases. Cm. Jeffery stated that what we have now is basically a vote of 1/3 plus 1 that controls. City Attorney Silver stated she did not necessarily read anything about Proposition 13 in #4 . Cm. Moffatt made a motion which was seconded by Cm. Jeffery to adopt the Resolution. supporting the declaration and principles. Cm. Burton stated he could support the declaration, but didn't agree with all the principles, particularly #4 and #6. Cm. Burton made a substitute motion to adopt the Resolution supporting the declaration, but not the principles. There being no second to the motion, the Council voted on the original motion. w*n*w*w*n*n*n*w*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*n*A*w*n*w*n*A*A*n*n*w*n* CM - VOL 10 - 435 Regular Meeting November 25, 1991 On motion of Cm. Moffatt, seconded by Cm. Jeffery, and by majority vote, the Council adopted RESOLUTION NO. 125 - 91 SUPPORTING A DECLARATION OF FISCAL INTERDEPENDENCY AND STATEMENT OF GUIDING PRINCIPLES Cm. Burton voted against this motion. OTHER BUSINESS ABAG Bay Vision 2020 Regionalism Report(420-50) Cm. Moffatt stated he wished to thank Cm. Jeffery and the "Valley Ladies" who participated in the regional government issue before ABAG at the General Assembly meeting on November 21st which turned out quite well. Cm. Jeffery did a good job of garnering support in opposition of the process used by ABAG. CLOSED SESSION At 9 : 31 p.m. , the Council recessed to a closed executive session to discuss Potential Litigation (640-20) in accordance with Government Code Section 54956.9 (c) . ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10: 00 p.m. Mayor ATTEST: r City Clerk A*n*A*A*A*w*A*A*n*n*A*A*A*A*n*n*n*�*A*. *w*A*w*w*A*A*A*A*A*A*n*n*�*A*A* CM - VOL 10 - 436 Regular Meeting November 25, 1991