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HomeMy WebLinkAboutCC Minutes 1990-08-06SRCC MINUTES (Regular) 8/6/90 Page 1 IPJ CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 6, 1990, at 7:00 P.M. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a 1. No. 90-16(a) - #1 - John Petroni, et al, vs City of San Rafael No. 90-16(b) - #7 No reportable action was taken. IPJ THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 6, 1990, AT 8:00 P.N. Regular Meeting: Present: Lawrence E. Mulryan, Mayor San Rafael City Council Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Councilmember Boro moved and Councilmember Shippey seconded, to approve the recommended action on the following Consent Calendar items: Item 3. Canalways (Rec.) - File 13-14-1 x 5-1-288 x (SRRA) R-140 No. 7 a. Agreement with State Coastal Conservancy for a $540,000 Grant for Canalways Recommended Action RESOLUTION NO. 8208 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/State Coastal Conservancy for Grant Funds to Purchase the "Canalways" Property) b. Chapter 8 Sale Agreement with RESOLUTION NO. 8209 - AUTHORIZING THE SIGNING County of Marin for Acquisition OF A CONTRACT, LEASE OR AGREEMENT (W/County of Canalways of Marin to Purchase "Canalways" Property as Tax Defaulted Property) c. Resolution Authorizing Expendi- ture of City Open Space Funds for Canalways 4. Second Readingq and Final Adoption of Ordinance L. 1593 - An Ordin- ance of the City of San Rafael Amending Ordinance No. 1565 (Para- medic Service Special Tax) and Setting the Paramedic Tax Rate for Fiscal Year 1990-1991 for Residen- tial and Non -Residential Properties (Fin) - File 9-3-31 x 8-5 5. Resolution Conveying Grant of Easement for Pedestrian Bridge - Embassy Suites Hotel (PW) - File 2-14 x 10-5 x 5-1-312 6. Authorization to Call for Bids - Linden Lane Drainage Improvements (PW) - File 4-1-438 8. Renewal of Three Year Agreement with County of Marin re Community Development Block Grants (CH) - File 4-13-38 x 147 RESOLUTION NO. 8210 - AUTHORIZING THE ALLOCATION OF OPEN SPACE FUNDS TO PURCHASE THE "CANALWAYS" PROPERTY (In amount of approximately $71,609) Approved final adoption of Ordinance No. 1593. RESOLUTION NO. 8211 - AUTHORIZING EXECUTION OF GRANT OF EASEMENT TO MHV JOINT VENTURE FOR CONSTRUCTION AND MAINTENANCE OF PEDESTRIAN BRIDGE FROM THE EMBASSY SUITES HOTEL TO THE MARIN COUNTY CIVIC CENTER FACILITIES Approved staff recommendation. RESOLUTION NO. 8212 - AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATION AGREEMENT WITH COUNTY OF HARIN (3 -year agreement) SRCC MINUTES (Regular) 8/6/90 Page 1 9. Claims for Damages: a. Sophia & Gus Stathis (Rec) Claim No. 3-1-1465 b. Harry Rodrigues (PW) - Claim No. 3-1-1494 SRCC MINUTES (Regular) 8/6/90 Page 2 Approved City Attorney's recommendation for denial of Claims a, b & c. c. Kyung S. Grummer (PD) - Claim No. 3-1-1500 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Consent Calendar for discussion: 2. APPROVAL OF MINUTES OF SPECIAL JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BUDGET HEARINGS OF JUNE 25 AND 26, 1990; SPECIAL JOINT WORKSHOP WITH LIBRARY OVERSIGHT PANEL OF JULY 10, 1990, AND REGULAR MEETING OF JULY 16, 1990 (CC) Councilmember Breiner requested a correction on page 3, third complete paragraph, second line, in the minutes of the regular meeting of July 16, 1990. She requested that after the word "intention", the rest of the sentence be deleted and substitute "but if there is a way that some of the units which are now illegal become legal, it would more accurately reflect the actual number of second units within the City". Councilmember Breiner moved and Councilmember Shippey seconded, to approve the minutes of the special meetings of June 25 and 26, 1990 and July 10, 1990 as submitted, and to approve the minutes of the regular meeting of July 16, 1990, as amended. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Boro, from voting on the minutes of July 16, 1990 meeting only, due to absence from meeting. 7. RESOLUTION AMENDING RESOLUTION NO. 8185 RESCINDING ACCEPTANCE OF CONVEYANCE OF OPEN SPACE LAND WITHIN OAKWOOD SUBDIVISION UNIT 3 (PW) - FILE 5-1-244 Councilmember Breiner inquired if the action which the City had taken on June 18, 1990 accepting the open space would still hold in view of the fact that the ownership on the parcel has changed. Public Works Director Bernardi stated that the CC&R's are not set up to deal with this open space as private open space. Ms. Breiner stated that her concern is because the City wants to limit its amount of public open space due to the liability factor. Councilmember Breiner moved and Councilmember Boro seconded, to adopt the Resolution. RESOLUTION NO. 8213 - AMENDING RESOLUTION NO. 8185 RESCINDING ACCEPTANCE OF CONVEYANCE OF OPEN SPACE LAND WITHIN OAKWOOD SUBDIVISION UNIT 3 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. PUBLIC HEARING - GPA 90-2 - MISCELLANEOUS GENERAL PLAN AMENDMENTS (Pl) - File 115 x 10-6 Mayor Mulryan declared the public hearing opened. Planning Director Pendoley informed the Council that there are three carry-over items from the July 2, 1990 Council meeting, the St. Vincents/Silveira matter, Fairhills, and 157 Woodland Avenue. He then introduced Principal Planner Jean Freitas. Ms. Freitas first pointed out a change in policy item 16, the Dalecio exemption, ESR -33. She stated Mr. Dalecio felt that his property/project should be mentioned by name in the policy, to assure that there are no further problems in getting a development approval from the City. Staff is therefore recommending that the wording of policy ESR -33 contain the parcel numbers, AP 9-290-60 & 61. SRCC MINUTES (Regular) 8/6/90 Page 2 SRCC MINUTES (Regular) 8/6/90 Page 3 Council had no objection to this change. Ms. Freitas next addressed the St. Vincents/Silveira issue, stating that St. Vincents representatives have requested that the language be revised under SVS -1, where it states, "except applications for minor expansion of St. Vincents School", that it say "expansion or reuse". Staff is recommending modification of SVS -1 to state that "Applications for minor or moderate expansion or reuse of St. Vincents School be exempt from having to require a Master Plan for the entire property." Ms. Freitas then discussed the St. Vincents/Silveira Advisory Committee and its functions, and stated that staff recommends the Committee prepare a "Specific Plan" for St. Vincents and Silveira areas. She explained the details included in a Specific Plan. Councilmember Boro noted that the Specific Plan may not be implemented right away and may be in effect for ten years, and asked how obligated the City would be to the plan. Ms. Freitas responded that both a Revised Land Use Plan approach and a Specific Plan approach can be amended and there would be an amendment to the General Plan. She noted the primary difference would be the Specific Plan would really detail the infrastructure, whereas the Revised Land Use Plan would wait until an actual development application came in to look at that. In response to question from Councilmember Shippey, Ms. Freitas noted that no develop- ment plan could be approved until the Specific Plan is prepared, with the assistance of the (Citizens Advisory) Committee. Councilmember Shippey then inquired if this is a new approach to land planning, and Ms. Freitas replied that it is specifically set forth in State law as an appropriate way to plan for large undeveloped areas. In reply to an inquiry by Councilmember Breiner, Ms. Freitas stated that there would be an EIR prepared for the Specific Plan. Barbara Salzman of the Marin Audubon Society expressed concern about the timing, asking for language to encourage it to be soon. She also expressed concern about exempting St. Vincents from general reuse, believing this leaves the situation wide open. Councilmember Shippey moved and Councilmember Breiner seconded, to adopt language of Alternative B as recommended by staff, using the words, "minor or moderate expansion or reuse of the existing facilities of St. Vincents School"; also to amend SVS -1 with a Specific Plan approach; SVS -a and b consistent with the Specific Plan approach and to revise the priority of SVS -1 from a 1 to a 2. Under discussion, Councilmember Thayer inquired how long will it be before the City hears from the Corps of Engineers with regard to the extent of wetlands on the property. Ms. Freitas responded that St. Vincents has finalized their Corps of Engineers determina- tion, but the Silveira property has not requested a Corps of Engineers determination. Ms. Thayer inquired when will the City hear from the Countywide Plan Agency on site planning, and Ms. Freitas responded that those hearings are under way right now. She added that the City could request that the property owner ask for a determina- tion of wetlands at any time. Councilmember Breiner noted that after four years of drought, such a report could be misleading. Councilmember Thayer stated she would like to see the Priority 2 moved back to a Priority 1 at some point in time, if all the necessary data has been received. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Ms. Freitas then briefed the Council on the Fairhills issue, and stated that after review by the City Attorney staff concluded that the proposed policy would be clearer if it stated: "General Plan policy requires that new development be consistent with existing development patterns. Until rezonings consistent with the General Plan are adopted, the Proposed Rezoning map in the appendices shall be used for determining whether new subdivisions are consistent with existing development patterns." Ms. Freitas stated that since the July 2 meeting Fairhills representatives have written Council members that they do not support the proposed policy, as both lots are inappropriate for subdividing. They do support a moratorium on new subdivisions, but do not believe that the hillside standards to be developed would help, as the SRCC MINUTES (Regular) 8/6/90 Page 3 SRCC MINUTES (Regular) 8/6/90 Page 4 one hillside lot with subdivision potential appears to have access and slopes no greater than surrounding properties. Ms. Freitas added that the Gerstle Park Neighbor- hood Association has written that if a moratorium is proposed for Fairhills such a moratorium should also be applied in Gerstle Park. Mary Ellen Irwin stated that the present plan would be spot zoning, and the matter may have to go to court. Mayor Mulryan stated that the City Council has received advice from its counsel on just how far the City can go on such an issue. John Wellington of 235 Fairhills stated he agrees with Ms. Irwin, and added that his lot is large enough to conceivably be subdivided at some future time. He stated that if the City adopts this policy as discussed, they can talk about the other two lots at another time. Pat Hasler noted the narrowness of the streets and lack of sidewalks, which make parking a problem. She asked the Council to consider that any additional building would increase the need for extra parking. Councilmember Breiner moved and Councilmember Thayer seconded, to approve the staff recommendation as stated. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The Council next considered the proposal at 157 Woodland Avenue. Planning Director Pendoley briefed the Council, stating that this item was deferred from the July 2, 1990 meeting because the applicant's attorney could not be present. He described the project, and spoke of previous testimony, and added that staff's recommendation is rezoning to "Hillside Residential". Mary Murtauqh, Director of Ecumenical Association for Housing, urged the Council to adopt low density as a minimum, stating the parcel's location near downtown makes it appropriate for affordable housing. Duane Love, whose property is next to the property in question, stated that the slope is from 32 to 38 degrees, and there is a 20 -foot setback from the street which further increases the slope. He stated he favors the "Hillside Residential" zoning. Attorney Peter Brekhus, representing the applicant, Robert Copple, stated that this project goes a long way toward meeting the City's housing goals, and a project such as this should be given preferential treatment. He stated it is compatible with the surrounding property, and if it is zoned "Hillside Residential" there can only be 1 to 4 units built on it. He asked for Medium Density, which he feels complies with the General Plan. Ray Foreaker, engineer, stated he had reviewed the plans relative to potential drainage impact, and had prepared an analysis. Mayor Mulryan informed him that his analysis should have been provided to staff. Mr. Foreaker responded that he had showed it to an engineer in Public Works, who said it was satisfactory. He stated that his conclusion is that the increase in runoff from this property when it is developed is inconsequential. He stated he had no concerns about the drainage. James Meyer, consulting traffic engineer, stated that there would be no major traffic impacts as a result of this development, and it should be a Medium Density project. John Hom, the geotechnical consultant for the applicant, stated he had reviewed the project for a 34 unit apartment complex and the site was stable for that density. He stated he does not see how staff could have come to the conclusion that the site was unstable. Mr. Pendoley responded that there was an analysis conducted as part of the General Plan. He stated that Mr. Hom's report would normally have gone through the Geotechnical Review Board, but since the project never came to term, it has not gone to the Geotechnical Review Board. Robert L. Thomas, property manager for many years for several apartment buildings in the area, stated that there is a major problem with parking in that area, which has become more intense since the Bargain Box moved there. He added that Woodland Avenue has become a racetrack, but parking is his main concern. SRCC MINUTES (Regular) 8/6/90 Page 4 SRCC MINUTES (Regular) 8/6/90 Page 5 Bruce Penderqraff, architect for the project, stated that the site is currently open wooded property, and there is an opportunity and responsibility for the City to direct and guide the changes as they occur. He asked the Council to keep in mind this City's and the County's need for housing. He noted its proximity to the downtown City center, noting that families could walk there and would not necessarily use cars. He stated he felt that the plan for 34 residential units would be a good project. He stated he is flexible and willing to work with the Planning staff and Design Review Board, and with the residents. He added he would appreciate higher residential use. Councilmember Boro inquired if the City has an actual application, and Mr. Pendoley responded that it does not, that there is only an informal application. Phil Cohen, Local #35 Carpenters' Union, speaking on behalf of affordable housing, asked that the Council at least grant Low Density, if not Medium Density. Aileen Treadwell of 196 Southern Heights Boulevard stated she is concerned about the term "affordable housing", and stated she is in favor of "Hillside Residential". Attorney Fred Etzel, representing Duane Love and Darcy McDonnell stated that they recognize the need for affordable housing, but this is a 38% slope site and the General Plan recognized the geotechnical problems. He also cited the traffic problems, and noted that at the "11th hour" the technical information which had been asked for is just now coming forward. He also requested copies of the letters just received from Mr. Brekhus and Mr. Copple. Robert Copple, the applicant, stated that the staff report has many inconsistencies. He added that they are saving as many trees as possible, and he asked that the property not be down -zoned. Robert Marx of the Gerstle Park area stated that Woodland Avenue is a racetrack. Mayor Mulryan closed the Public Hearing. Councilmember Boro stated that the City has done quite a bit on housing, and is one of only a few in the Bay Area which has achieved 56% affordable housing. He added that infill sites are not good for affordable housing, and that if this were a good site it would have been developed by now. Councilmember Breiner stated that this site has been a problem at many levels, between the soils report and the various zoning changes. She noted that if the technical work has been done, those reports should be reviewed by staff and made public. She stated it is difficult to make a decision under the circumstances. Mr. Boro mentioned that Planning has a cycle, and the applicant had an opportunity to have an EIR and did not do it. He also noted that the Council still does not have an application before it. Councilmember Thayer stated that she would support the staff recommendation, and does not feel they should accept the geotechnical report when no application has been made. She noted there is no level, buildable portion on the site, and also cited the traffic problems. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEh1BERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner remarked that the process is not working quite as well as it should. 11. PUBLIC HEARING - UP89-10 - APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF A USE PERMIT FOR A SECOND DWELLING UNIT; 26 WILDWOOD WAY; ROBERT AND CAROL BUTLER, OWNERS; STEVE KAY, ARCHITECT & REP.; FAIRHILLS PROPERTY OWNERS ASSOCIATION, APPELLANT; AP 10-121-05 (P1) - File 10-5 Mayor Mulryan declared the public hearing opened. SRCC MINUTES (Regular) 8/6/90 Page 5 SRCC MINUTES (Regular) 8/6/90 Page 6 Mr. Pendoley briefed the Council, stating that at the conclusion of the March 26, 1990 appeal hearing, the City Council had asked the applicant and appellant to negotiate a compromise design solution for the second dwelling unit. The compromise solutions were to be reviewed by the Design Review Board. Mr. Pendoley stated that the parties were not able to reach an agreement, and the Design Review Board (DRB) recommends approval of the original design with modifications. He then explained Alternate One, which consists of a second floor addition above the existing garage, with access being via a door located on the front elevation which would lead to an interior staircase. The applicant proposes translucent glass block windows on the north elevation, to ensure privacy of the adjacent property owner. He stated this is the alternative preferred by the applicant. Alternate Two consists of a single story addition to the rear of the existing garage/ shop area. The applicant rejects this proposal because the windows would be eliminated, the architectural articulation of the existing structure would be reduced, two 18" diameter oak trees would be removed, and the construction of a required 100 sq. ft. private outdoor amenity area would necessitate the construction of highly visible and unattractive underpinnings. Mr. Pendoley noted that both alternatives would retain the proposed square footage of the unit. Mr. Pendoley concluded by stating that both designs are competent, but the two-story is better. He stated that the issue before the Council is a determination as to whether this complies with the second unit ordinance, and staff feels it does. Councilmember Breiner inquired if the deck for the one-story design would be screened by landscaping, and Mr. Pendoley said it may be possible, but he would prefer the landscape architect's viewpoint. Ms. Breiner inquired if it would still require the removal of the two oak trees, and Mr. Pendoley replied in the affirmative. Michel Roussel of the Fairhills Homeowners stated they have presented their arguments several times because they may become part of a possible court case. He stated the design is an intrusion on the neighbors' privacy, if the second story design is approved. He also questioned the adequacy of water, and lines which were installed 50 years ago. He said he favored the one-story design. John Stickle of 42 Oakmont stated he prefers the one-story design. Phyllis Zirinq, President of the Fairhills Property Owners Association stated that neither design is what the Association wants, but if something has to be done they would prefer the one-story. She stated the two oak trees should not be kept because of their maturity because they are not beautiful. John Wellington stated that the two oak trees are too close to the house and should be removed. He stated if they have to have second units they should be an integral part of the main unit. He stated the one-story design would be best. Sandra Lollini of the Gerstle Park Neighborhood Association noted that there are many second dwelling units now in an R-1 District, and that her area of the City seems to have more than its share. She also noted the huge size of the lot in question, in comparison to the size of the Gerstle Park area lots. Peder Pedersen of the Design Review Board stated that the Board had reviewed this application several times, and came out with what they feel is a workable solution. He stated the DRB felt that the first proposal was valid. Councilmember Shippey inquired, did the DRB not approve the second alternative, and Mr. Pedersen responded that they felt the two-story design is preferred. Stephen McGee, attorney for the owner, stated that the DRB has consistently come back with the position that the second story is the one which would work better. He stated his clients are prepared to go along with the modification of the doorway, and he requested that the Council go along with the DRB recommendations. Mayor Mulryan closed the public hearing. SRCC MINUTES (Regular) 8/6/90 Page 6 SRCC MINUTES (Regular) 8/6/90 Page 7 After discussion, Councilmember Breiner moved and Councilmember Boro seconded, to deny the appeal in favor of the Second Alternative design, for a one-story second unit. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. PUBLIC HEARING - TS84-1 - APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF A TENTATIVE MAP FOR A 7 -LOT SUBDIVISION; MEYER ROAD; ARMAND LOCKE, OWNER; ATTORNEY PERRY LITCHFIELD, REP.; DON L. DAGLOW, APPELLANT; AP 12-191-16 & 17 (P1) - File 5-1-318 x 10-6 Mayor hlulryan opened the public hearing and continued public hearing to the meeting of August 20, 1990, at the request of the appellant. 13. REPORT ON SUFFICIENCY OF INITIATIVE PETITION TO PRESERVE AGRICULTURAL LANDS NORTH OF SAN RAFAEL (CC) - File 9-4 a. Ordinance for Protection of Agricultural Lands North of San Rafael. b. Resolution Calling Special Election for Purpose of Placing a Measure before the Voters of the City of San Rafael on Tuesday, November 6, 1990 to Amend the General Plan and Zoning Ordinance for Protection of Agricultural Lands North of San Rafael; Requesting Consolidation with any Other Election Held on the Same Date; Requesting Election Services of County Clerk; and Requesting the City Attorney to Provide an Impartial Analysis. City Clerk Leoncini briefed her staff report, noting that the measure has qualified for the ballot, and the Council is being asked to consider two options: To adopt the Ordinance for Protection of Agricultural Lands North of San Rafael; or to adopt a Resolution Calling Special Election for the purpose of putting the measure on the ballot on November 6, 1990. Robert Marx, proponent of the measure, briefed the measure and stated there are other places than this for affordable housing, and cited environmental issues, flooding, and cost of infrastructures. Attorney William Bagley, representing Tony Silveira, pointed out various legal impediments, and indicated they would pursue a lawsuit. He stated that the initiative petition is invalid, and they will file a suit immediately as soon as it goes on the ballot. He stated it is so invalid it should not go before the public. Attorney James Lorenzato spoke for the measure, but stated that the current plan is for the ballot arguments to be in by 12:00 Noon on August 30th, and reviewed beginning August 31st. City Clerk Leoncini stated they could move the deadline up to 5:00 p.m. on the 30th and the review period would begin the next day. Michael Marovich of the CYO youth activities at St. Vincents, stated they are concerned by what they consider to be an ill conceived attempt, a signature -gathering attempt, and even though this is terribly flawed, they believe in the democratic process and feel it should be on the ballot. He added that it blindly bulldozes the disadvantaged children at St. Vincents and the Silveira family. He stated that this comes at a time when cost of care is rising while sources of funding are declining. He stated this is patently flawed or misleading. He stated that the 134 -year history of St. Vincents shows how they have adapted to changing circumstances to provide for the children. Elissa Giambastiani, Executive Director of the Chamber of Commerce stated she is saddened by this initiative, which contains so many inaccuracies. She was concerned that it be presented so it does not appear to be something the City is endorsing. She also stated she objected to the words "protection of agricultural lands" in the ballot. City Attorney Ragghianti explained that there will be a City Attorney's impartial analysis, that the Elections Code does not permit making any changes in the initiative as presented. SRCC MINUTES (Regular) 8/6/90 Page 7 SRCC MINUTES (Regular) 8/6/90 Page 8 Mayor Mulryan stated his signature should not show, and Councilmember Breiner asked if that kind of change can be made. Councilmember Boro stated that it can, it is the Measure L wording which cannot be altered. Bill Trumbull a Novato resident formerly of San Rafael, stated he always enjoyed that part of the commute. He noted that the Sierra Club supported the agricultural use. Jenna La Fleur spoke in favor of the City adopting the Ordinance. Councilmember Thayer pointed out that this does not deprive the landowner of his rights, it is prezoning. She noted it is outside the City's jurisdiction and the area would have to be annexed to the City, and this has not been addressed. City Attorney Ragghianti stated his opinion was on a very specific point, and he did not address the annexation issue. Councilmember Thayer pointed out that if the City of San Rafael did not annex, it may be possible for the City of Novato to apply for annexation. Councilmember Boro directed the Council's attention to the document which has the wording for Measure L. He stated he does not feel that the ballot wording should indicate in any way that the Council has endorsed it. He suggested that the wording in Measure L stop after the word "only?". He said he does not feel it is necessary to mention the amendments set forth in Exhibit "A", etc. He recommended that when there is a motion that paragraph be struck. Councilmember Breiner moved and Councilmember Boro seconded, to place the measure on the ballot, with the wording following "only?" being struck, and that there will only be the Ordinance, and the pro's and the con's. RESOLUTION NO. 8214 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: (1) CALLING A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF PLACING A MEASURE BEFORE THE ELECTORS OF THE CITY OF SAN RAFAEL ON TUESDAY, NOVEMBER 6, 1990 TO AMEND THE SAN RAFAEL GENERAL PLAN AND ZONING ORDINANCE FOR PROTECTION OF AGRICULTURAL LANDS NORTH OF SAN RAFAEL AND ORDERING THE PUBLICATION THEREOF; (2) REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN TO CONSOLIDATE WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; (3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK; (4) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILtIEMBERS: None ABSENT: COUNCILMEMBERS: None ITEMS ON THE AGENDA AT THE REQUEST OF MAYOR AND COUNCILMEMBERS 14. REPORT ON MARIN TRANSPORTATION AUTHORITY AND THE COUNTYWIDE PLAN ADVISORY COMMITTEE (P1) - File 170 Councilmember Breiner stated she will attend the meeting of the Transportation Authority on Wednesday, and would like the Council to approve the suggested changes in wording as recommended by John Eells. She pointed out that the changes were: 1) To add the words "or near" in the sentence which includes construction and operation of a Light Rail Transit system on "or near" the Northwestern Pacific Railroad right-of-way . . .; 2) In the paragraph regarding stations, delete "Smith Ranch Road, St. Vincents", and substitute "North San Rafael". Councilmember Breiner moved and Councilmember Boro seconded, to approve the changes as recommended by John Eells. AYES: COUNCILMEt•1BERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 8/6/90 Page 8 SRCC MINUTES (Regular) 8/6/90 Page 9 15. REPORT ON BAYWOOD TERRACE SUBDIVISION, BRET HARTE ROAD, JOHN HOFFMIRE, OWNER; AP 13-271-29 (PW) - File 5-1-314 Councilmember Boro reported that he had received a number of phone calls from neighbors in the area of the site, with concerns regarding safety features on the unfinished subdivision. He noted that the staff report covers the measures taken to correct the situation. Public Works Director Bernardi reported that he has just been informed this evening that the developer now has financing from the bank and will be completing all structures. He noted that in the meantime the developer has been correcting the safety hazards. There being no further business, the meeting adjourned at 11:15 Ph1. JEANQy X LEON C d I , ITYCLER C ' APPROVED THIS DAY OF , 1990 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 8/6/90 Page 9