TOWN COUNCIL

CALL TO ORDER

Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.on Wednesday, October 16, 2002, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California.

ROLL CALL

PRESENT: COUNCILMEMBERS: Fredericks, Gram, Slavitz, Thompson

ABSENT: COUNCILMEMBERS: Berger

PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Administrative Services McVeigh, Director of Community Development Anderson, Senior Planner Watrous, Town Engineer/Director of Public Works Echols, Chief of Police Odetto, Town Clerk Crane Iacopi

CLOSED SESSION

CONFERENCE WITH LEGAL COUNCIL – EXISTING LITIGATION

(Section 54946.9(a))

Howard Zack, Diane Zack v. MERA and Town of Tiburon

Tiburon Residents (TRAUMAS) v. Town of Tiburon and MERA

Xanadu v. Town of Tiburon

INTERVIEWS – Heritage & Arts Commission Vacancy

Patricia Navone, 2200 Paradise Drive

Ronald Lincoln, 17 Juno Road

 

ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY

Mayor Gram said that no action was taken on the items discussed in closed session.

ORAL COMMUNICATIONS

None.

PRESENTATION

Presentation by CAL/TRANS representatives regarding Southbound Off-ramp Widening and Installation of Sound Wall at U.S. Highway 101 and State Route 131 (East Blithedale) Interchange

Mr. Saaid Fakharzadeh of CAL/TRANS gave the Council an update on the proposal to add a lane to the southbound off-ramp and construct a soundwall at the Highway 101/East Blithedale interchange. He stated that studies had shown that there were 2.39 accidents per million vehicles in the vicinity of the off-ramp which warranted the addition of the lane by reducing the queue "upstream" and by increasing the capacity of the off-ramp.

Mr. Fakharzadeh said that similar presentations would be given in Mill Valley on October 21 and to the Board of Supervisors on October 22.

The proposal for the construction of a soundwall at the interchange was warranted by CAL/TRANS guidelines and FHWA policy for noise abatement, according to Fakharzadeh. CAL/TRANS guidelines require a 5 decibel decrease and must also meet certain cost requirements to be feasible. He said that a soundwall would not be warranted on the eastside interchange, based on the same cost ratio factors.

Mr. Fakharzadeh said that a decision was needed on whether to build the soundwall on the "hinge point" or right-of-way, before the project could proceed. He showed the Council and the public photosimulations of both wall placements, which would be either 14 or 16 feet tall. The wall in the CAL/TRANS right-of-way appeared lower due to the 8-10 foot drop-off to the west of the off-ramp. Mr. Fakharzadeh said that a standard 10-foot wide shoulder was required by CAL/TRANS.

Mr. Fakharzadeh showed a comparison of the benefits of the soundwall in the two different locations. Decibels would be reduced by five in the right-of-way location, but would be greater in the "hinge" location; the ability to perform road maintenance would be more difficult at the "hinge" location but would be "status quo" if the wall were located in the right-of-way; "security" would be status quo if the wall were at the right-of-way while "dead space" would be created if the wall was placed on the "hinge."

Fakharzadeh also discussed (three) funding sources and said that the total project cost would total $5.8 million. He said if the project was approved in Spring 2003, construction would start in 2005.

Mr. Fakharzadeh said that construction of a soundwall could reduce decibel levels from 61-76 to 59-74 at the first row of houses. He said that the right-of-way location would result in 50-63 decibels while the "hinge" location would reduce the noise levels to 48-64 decibels.

He said that the area qualified for a soundwall even if the widening of the interchange was not being proposed, and in fact, had started simply as a soundwall project in 1989. After the Loma Prieta earthquake in that year, funding for such projects dropped off but with the passage of SB 45, such projects were now under the authority of the local Congestion Management Agency.

According to Mr. Fakharzadeh, the East Blithedale project was one of four that qualified for current funding in District 4. He said that CAL/TRANS would prefer the right-of-way location to the "hinge" location and that a final decision was needed.

In response to a question from the public, Mr. Fakharzadeh said that CAL/TRANS would need a temporary easement to undertake the construction of a soundwall in the right-of-way location but that no condemnation of property was contemplated.

Mr. Fakharzadeh also answered a question from Council and the public concerning the starting point of the additional lane. He responded that it would begin "south of the flashing light" on southbound Highway 101. He was also asked what the public reaction had been of the homeowners in the vicinity. Mr. Fakharzadeh said that CAL/TRANS had received a petition from residents saying that they wanted a soundwall.

In response to a question from Vice Mayor Slavitz about whether soundwalls actually conducted sound rather than deflected it in some situations, one of Mr. Fakharzadeh’s team said that perception was a myth and that studies showed that weather conditions and wind could affect the distance noise traveled, rather than being conducted by a wall.

Slavitz asked if other mitigations other than a soundwall, such as "rubberized pavement," could be pursued. Mr. Fakharzadeh said that the Federal Highway Administration did not recognize such use as a noise reduction technique but said that all the lanes of the highway would have to be paved in this material in order to it be effective.

Councilmember Thompson discussed the dangers of traffic backing up in the configuration of the the current off-ramp, and he said that improvements were needed in addition to another lane on off-ramp. He suggested a right-turn lane on to East Blithedale through a vacant strip of land adjacent to the intersection into which traffic could merge without being required to stop at the light.

Mayor Gram opened the public hearing.

Karen Nygren, Paseo Mirasol, said that exceptions and variances to CAL/TRANS policy could provide an option to preclude construction of a soundwall in that location. She said that there had been significant opposition to such construction in the 80’s. She said that the real problem was the traffic backing up on the freeway off-ramp, as well as traffic congestion on East Blithedale itself, which required further study.

Ms. Nygren said that residents of San Rafael disagreed with the CAL/TRANS conclusion about "reflective noise" from soundwalls and said that the residents in Mill Valley might concur.

Ronald Lincoln, Juno Road, said that the aesthetics in this area were so pleasant and that the construction of a soundwall would be a "blight."

A resident of 5 Plaza Drive in Mill Valley, said that the homes in that area were "set down" and suggested that perhaps CAL/TRANS could build a six-foot soundwall on top of a retaining wall in lieu of a 14 or 16-foot soundwall to achieve the same effect.

Mayor Gram closed the public hearing.

Vice Mayor Slavitz said that no soundwall was the best alternative and that it would be "a crime" to remove all the trees in the area for construction of a wall. However, he encouraged the CAL/TRANS delegation to obtain community input in Mill Valley.

Councilmember Fredericks said that she would prefer no wall. However, according to the noise level data supplied by CAL/TRANS, Fredericks said that the reduction of noise by the construction of a soundwall would be significant for some residents of the nearby community.

Councilmember Thompson said that "our" concerns should be secondary to those of the immediate neighbors. However, he encouraged CAL/TRANS to determine whether another lane was really needed and whether an alternate design utilizing a right-turn merge lane would suffice.

Mayor Gram concurred with the sentiments of his fellow councilmembers and thanked Mr. Fakharzadeh and the CAL/TRANS delegation for their presentation.

Heritage & Arts Commission – One Vacancy

Council commented on the excellent qualifications of both candidates that they interviewed.

MOTION: To appoint Patricia Navone to the Heritage & Arts Commission

Moved: Slavitz, seconded by Fredericks

Vote: AYES: Unanimous

ABSENT: Berger

1) Approval of Town Council Minutes - September 18, 2002

2) Approval of Town Council Minutes - October 2, 2002

3) Recommendation by Senior Planner – 2120 Mar East; Deny Appeal without Prejudice

a) A Resolution of the Town Council of the Town of Tiburon

Denying an Appeal by Fani and Gary Hansen of a Site Plan

and Architectural Approval for a Construction of a new

Two-family Dwelling Located at 2120 Mar East Street

AP No. – 59-181-90

4) Recommendation by Director of Community Development – Adoption of Permanent Construction Debris Recycling Program

a) A Resolution of the Town Council of the Town of Tiburon

Establishing a Construction and Demolition Debris Policy

for Applicable Building Permits

5) Recommendation by Chief of Police and Director of Administrative Services – COPS Grant and Spending Plan

a) A Resolution of the Town Council of the Town of Tiburon

Approving an Expenditure Plan for the Utilization of

Supplemental Law Enforcement Funds (COPS Monies)

Received in Fiscal Year 2002-2003

6) Recommendation by Town Manager – Request from Chamber of Commerce for Funding of 2^nd Annual Holiday Parade & Festival of Trees

7) Recommendation by Heritage & Arts Commission – Placement of Mayor’s Trophy in Town Council Chambers

MOTION: To approve Consent Calendar Items 1 through 7, above.

Moved: Fredericks, seconded by Slavitz

Vote: AYES: Unanimous

ABSENT: Berger

ABSTAIN: Slavitz (October 2, 2002 minutes)

8) Recommendation by Director of Public Works/Town Engineer – Affirm Appointments to Skatepark Task Force

Town Engineer Echols asked for confirmation of the proposed appointments, which included representatives from the following Commissions and Town Council:

Miles Berger, Town Council

Barbara Creamer, Jt. Recreation Committee

Jim Fraser, Parks & Open Space Commission

Bill McLaughlin, Design Review Board

Paul Smith, Planning Commission

Vice Mayor Slavitz said that he had become aware of some controversy surrounding the Design Review Board representative and suggested that Chair Mike Figour be appointed in lieu of Boardmember McLaughlin.

Councilmember Fredericks concurred and said it that because the skatepark issue itself was controversial, it would be better to have task force members who were not controversial.

Councilmember Thompson said that he did not want the task force to use up a lot of Staff resources and time for a proposed project that would serve only "a thin sliver of population." However, he said the task force should remain "focused" in its review.

Mayor Gram concurred with the Vice Mayor and Councilmember Fredericks that the task force did not need a perception of controversy surrounding it. He asked if Chair Figour would agree to serve, if asked.

Mayor Gram opened the matter to the public.

Anne Goggio Cohn, leader of the committee for a skateboard park, said she had raised the issue concerning the appointment of Boarmember McLaughlin. She said she felt that it was important to have a "fair and objective review" and that anyone who had publicly stated their opposition to the project should recuse themselves.

John Nierenstein, skateboard park committee member, said that he did not know the appointee in question but said that he agreed with Ms. Cohn and would defer to the Council’s judgment on the issue.

MOTION: To affirm the proposed appointments list with the exception of the Design Review Board appointee; to appoint Mike Figour in lieu of Bill McLaughlin, pending his acceptance of the appointment.

Moved: Slavitz, seconded by Fredericks

Vote: AYES: Unanimous

ABSENT: Berger

 

9) Recommendation by Senior Planner – Approval of Precise Development Plan Amendment to Revise Rear Portion of Building Envelope at 46 Via Los Altos to Construct a Swimming Pool

Scott & Susan Kisting, Applicants

Ring Mountain Precise Plan

AP No. – 34-012-53

Senior Planner Watrous said that the Planning Commission had unanimously recommended approval of an amendment to the precise development plan to expand the building envelope in order to construct a swimming pool. He said that the Commission recommended that the proposed expansion area be approved as a secondary building envelope and that the new envelope be situated no further than five feet from the rear property line.

Council waived further discussion.

Mayor Gram opened and closed the public hearing. There was no public comment.

MOTION: To approve the amendment and adopt accompanying resolution of findings.

Moved: Thompson, seconded by Fredericks

Vote: AYES: Unanimous

COUNCIL, COMMISSION AND COMMITTEE REPORTS

Councilmember Fredericks gave a brief report on by the Congestion Management Agency Transportation Forums to be held in the Supervisoral Districts in the next two months. She said that Tiburon residents could attend the Forum to be held in Sausalito on October 31 at the Bay Model between 6:00 and 9:00 p.m.

Councilmember Thompson asked that a hearing on the County jet ski ordinance be agendized. Town Manager McIntyre said it would come before Council on November 20.

WRITTEN COMMUNICATIONS

Town Council Weekly Digest – October 4, 2002

Town Manager McIntyre reported on the Pt. Tiburon Marsh Maintenance Program and said that a memo outlining next year’s plan would appear in an upcoming Digest.

The Town Manager also reported a State take-away from RDA in amount of $34,000.

Town Council Weekly Digest – October 11, 2002

Town Manager McIntyre noted correspondence from Staff regarding a drainage issue on Porto Marino.

He stated that he would be out of town until October 29 and that Director of Administrative Services McVeigh would be in charge during his absence.

ADJOURNMENT

There being no further business before the Town Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 8:37 p.m., sine die.

s/

TOM GRAM, MAYOR

ATTEST:

DIANE CRANE IACOPI, TOWN CLERK