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.
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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
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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.
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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.
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