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HomeMy WebLinkAboutCC Resolution 8214 (Special Election 1990)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. WHEREAS, upon petition signed by fifteen percent of the registered voters of the City of San Rafael, it is hereby proposed that a Special Municipal Election be held on Tuesday, November 6, 1990 in the City of San Rafael at which election the issue to be presented to the voters shall be: Submission to the qualified electors of the following Measure, to wit: CITY OF SAN RAFAEL PROTECTION OF AGRICULTURAL LANDS NORTH OF SAN RAFAEL INITIATIVE MEASURE L Shall the City of San Rafael amend its General Plan and Zoning Ordinance to change the land use planning designation of lands owned by Silveira, Northwestern Pacific /YES/ Railroad, Las Gallinas Valley Sanitary District, and the Youth Activities of the Catholic Archdiocese of San Francisco (St. Vincent's), to agricultural; and thus /NO/ restrict uses and construction on those lands to existing or agricultural uses only? WHEREAS, consistent with prior Council policy, rebuttals shall not be received to ballot arguments; and WHEREAS, the City Council of the City of San Rafael may request the Board of Supervisors of the County of Marin to consolidate the Special Municipal Election with any other election conducted on the same date; and WHEREAS, the City Council of the City of San Rafael may request election services by the County Clerk of Marin County, California; and WHEREAS, California Elections Code Section 5011 provides that the governing body may direct preparation by the City Attorney of an impartial analysis of said measure. NOW THEREFORE, IT IS HEREBY RESOLVED by the Council of the City of San Rafael that pursuant to the requirements of laws of the State of California there is called and ordered held in the City of San Rafael, County of Marin, State of California, on Tuesday, November 6, 1990, a Special Municipal Election of the qualified electors of San Rafael. BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Marin, is hereby requested to: 1) Consolidate said election with any other election conducted on the same day day; and 2) Authorize and direct the County Clerk, at City expense, to provide the following election services and to canvass the results of said election: Provide Voter Indexes Provide Voter Count by Precinct Provide Drayage and Rental of Polling Places Provide Printing of Sample and Offical Ballots Provide Printing of Measure and Arguments Appoint and Notify Election Officers Mail Sample Ballots and Polling Place Notification Provide Precinct Supplies Provide Training of Precinct Workers Provide Processing of Absentee Ballots Provide Consolidation of Precincts and Polling Places Provide Central Counting Provide Canvass of Votes Cast Provide such other services as are necessary to conduct the Special Municipal Election BE IT FURTHER RESOLVED that a proposed ordinance for the Protection of Agricultural Lands North of San Rafael, attached to this resolution as Exhibit "A", be submitted to the qualified electors of the City of San Rafael. BE IT FURTHER RESOLVED, that the ballots to be used at the election shall be in both form and matter as required by law. BE IT FURTHER RESOLVED that the polls for said election shall be opened at seven o'clock a.m. of the day of said election and shall remain open continuously from said time untl 8:00 o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. BE IT FURTHER RESOLVED that in all particulars not recited in this resolution the election shall be held and conducted as provided by law for holding municipal elections in said City. BE IT FURTHER RESOLVED that notice of the time and place of holding the election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form, and manner as required by law. BE IT FURTHER RESOLVED that pursuant to prior Council policy, rebuttals shall not be received to ballot arguments. - 2 - BE IT FURTHER RESOLVED that pursuant to prior Council policy, rebuttals shall not be received to ballot arguments. BE IT FURTHER RESOLVED that pursuant to California Elections Code Section 5011, the City Council of the City of San Rafael hereby directs preparation by the City Attorney of an impartial analysis of said Measure. BE IT FURTHER RESOLVED that the City Clerk is directed to submit a certified copy of this Resolution to the Board of Supervisors of the County of Marin. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 6th day of August, 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AME M. LEONCI , City Clerk -3- EXHIBIT "A" ORDINANCE OF THE CITY OF SAN RAFAEL PROTECTION OF AGRICULTURAL LANDS NORTH OF SAN RAFAEL The people of the city of San Rafael do ordain as follows: Section 1. Findinqs (A) The lands protected by this initiative are more than 1,000 acres. They are mostly diked and filled. They include substantial wetlands, a freshwater creek and a number of possible archaeological sites. They have been largely in agriculture for over 80 years. (B) These lands are among the last in agriculture in the San Rafael area. They provide valuable products for the residents of San Rafael, Marin County and the Bay Area. Continuation of agriculture provides a reasonable economic use for the owner. (C) Extensive development on the lands would substantially increase traffic in San Rafael and the U.S. 101 corridor, and thereby impair the public health, welfare and safety. Completion of needed road improvements before or contemporaneous with development is not practical because of traffic needs in the rest of San Rafael. Currently all major intersections in San Rafael fail to meet minimum levels of service. The City alone needs over $100 million dollars of traffic improvements to eliminate existing problems. Traffic from development would increase human stress and add to air pollution in an area that does not now meet federal and state air quality standards, even for health. (D) There is a serious water shortage in Marin County. Additional major development would exacerbate this shortage and cause further curtailment of water supply for existing residents. Substantial additional water cannot readily or economically be made available. (E) The Bay Area has lost 85 percent of its historic wetlands and much of its wildlife habitat to urban expansion and other causes. The lands covered by this initiative are a major habitat for wildlife. They include wetlands and breeding grounds and are important to the survival of wildlife. (F) The lands provide important scenic beauty and open space in the U.S. 101 corridor. They offer diversity and balance to the large amount of development in San Rafael and vicinity. They perform a valuable function in separating the urban areas of San Rafael and Novato and in helping to preserve a sense of community and identity in both cities. (G) Existing nonfarm structures are used primarily for religious and humanitarian purposes, pursuant to deed restriction, and for public sewage treatment. These uses are important to the people of San Rafael and beyond. A number of these structures have valuable historic and architectural qualities. (H) San Rafael meets and exceeds its lower income housing requirements under state law. Expensive roads, sewers and other infrastructure would be necessary to construct housing on the subject lands. Section 2. Purposes The purposes of this initiative are to maintain agriculture and other valuable existing uses of land, limit traffic congestion and air pollution, avoid worse water shortages, preserve wildlife habitat and natural beauty, and balance and separate intensive urban development. Section 3. General Plan Amendments The St. Vincent's/Silveira Area Policies of the General Plan of the City of San Rafael are amended by adding: A.(1) The lands identified by the Marin County Assessor's parcel numbers 155-010-16, 155-010-17, 155-010-22, 155-010-23, 155-010-27, 155-010-28, 155-010-44, 155-010-64, 155-010-66, 155-010-67, 155-010-69 and 155-010-70 shall be designated Agriculture. These lands may be used only for Agriculture, except that structures existing prior to May 1, 1990, may be used for any purpose for which they are suitable. New structures or material additions to existing structures may be built or placed on these lands only if necessary for agricultural uses, or for charitable or public uses existing on the parcels on May 1, 1990. New structures or material additions built in good faith for these existing uses may be used for any purpose for which they are suitable if the existing uses are actually discontinued. The foregoing restrictions apply to uses or construction by the City of San Rafael or the County of Marin. (2) The City Council may impose additional restrictions on the use of or the construction or alteration of buildings on the parcels. (3) "Agriculture," for purposes of these policies, means the raising of crops, horticulture, viticulture, dairying, small livestock farming, and animal husbandry. B. Policies SVS -1 through SVS -21, SVS -a through SVS -d, C -s, C -8b through C -8e, R-32, H-hhe of the General Plan are repealed. Section 4. Zonina Ordinance Amendment The Zoning Ordinance of the City of San Rafael is amended by adding: Chapter 14.62 Agricultural District 14.62.010. The lands identified by the Marin County Assessor's parcel numbers 155-010-16, 155-010-17, 155-010-22, 155-010-23, 155-010-27, 155-010-28, 155-010-44, 155-010-64, 155-010-661 155-010-67, 155-010-69 and 155-010-70 are zoned Agriculture. These lands may be used only for Agriculture, except that structures existing prior to May 1, 1990, may be used for any purpose for which they are suitable. New structures or material additions to existing structures may be built or placed on the land if necessary for agricultural uses or for charitable or public uses existing on the parcels on May 1, 1990. New structures or material additions built in good faith for these existing uses may be used for any purpose for which they are suitable if the existing uses are actually discontinued. The foregoing restrictions apply to uses or construction by the City of San Rafael or the County of Marin. 14.62.020. The City Council may impose additional restrictions on use of or the construction of buildings on the parcel. 14.62.030. "Agriculture" for purposes of this chapter means the raising of crops, horticulture, viticulture, dairying, small livestock farming, and animal husbandry. Section 5. Suuercession of Inconsistent Provisions If any provision in the General Plan, Zoning Ordinance or other ordinance or resolution of the City of San Rafael is inconsistent with this ordinance, that provision is superceded and nullified to the extent, but only to the extent, that it is inconsistent. - 2 - section 6. Consistencv with Federal and State Law The provisions of this ordinance are not applicable to the extent, but only to the extent, that a court makes a final determination that they would violate the Constitution or law of the United States or the State of California. If a provision or application of a provision of this initiative does not apply because of federal or state law, then the minimum residential or other development required by law which is most consistent with the purposes and provisions of this initiative shall be permitted by the City Council. Section 7. Time of Amendments The General Plan and Zoning Ordinance Amendments will be operative on the effective date of this ordinance, unless all of the General Plan Amendments allowed by law during the year in which the ordinance is enacted have been made. In that case, the amendments shall become operative on January 1 of the following year. section 8. Severability If any provision or application of this ordinance is held unconstitutional or in violation of any state or federal law, the invalidation shall not affect the validity of any other provision or the application of any provision. The voters of San Rafael declare that the provisions and applications of the provisions of this ordinance would have been enacted as they were even though any other provision or provisions or applications are held unconstitutional or otherwise violative of law. Section 9. Reveal of Amendment This ordinance may be amended or repealed only by a vote of the people of the City of San Rafael. - 3 -