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.
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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
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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
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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