HomeMy WebLinkAboutTC Min 2008-10-01
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Slavitz called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, October 1,2008, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz
Co llins
PRESENT:
EX OFFICIO:
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Planning
Manager Watrous, Director of Public W orks/ own
Engineer Nguyen, Chief of Police Cronin, Town
Clerk Crane Iacopi
Prior to the regular meeting, beginning at 7:20 p.m., the Town Council met in closed session to
discuss the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Tiburon Neighborhood Coalition v. Town of Tiburon (Congregation Kol Shofar)
PUBLIC EMPLOYEE PERFORMANCE EV ALVA TION - continued to 10/15/08
(Section 54957)
Title: Town Manager
ANNOUNCEl\1ENT OF ACTION TAKEN IN CLOSED SESSION.. IF ANY
Mayor Slavitz announced that the Town Council had authorized the Town Attorney to settle the
Kol Shofar lawsuit and to enter into a stipulation reflecting the settlement.
ORAL COMMUNICATIONS
None.
Town Council Minutes #16 -2008
October 1,2008
Page 1
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of September 17,2008 meeting (Town Clerk
Crane Iacopi)
MOTION:
Moved:
Vote:
To adopt Consent Calendar Item No.1.
Fredericks, seconded by Berger
AYES: Berger, Fredericks, Gram, Slavitz
ABSENT: Collins
ACTION ITEMS
1. Zelinsky Playground - Consider replacement of the school-age children's play structure
in Zelinksy Playground at South of Knoll Park (Community Development Department!
Public Works Department)
Director of Public Works Nguyen gave a brief overview of the project. He also said that a significant
portion of the project would be financed with private donations; $90,000 of the estimated $165,000
had already been raised by an ad hoc citizen's committee.
Nguyen said that the project was exempt from CEQA guidelines pursuant to Section 15302
(Replacement & Reconstruction); he said that the project would be completed by Spring 2009, if
approved.
MOTION:
Moved:
Vote:
To approve the Zelinsky Playground replacement project, as presented.
Gram, seconded by Fredericks
AYES: Berger, Fredericks, Gram, Slavitz
ABSENT: Collins
2. Town Logo & Signage Program - Presentation by Keilani Tom Design Associates of
proposed graphic image for Town Logo and Signage Program and request for direction
to staff (Town Manager Curran)
Town Manager Curran said that at the staffretreat in July 2007, the Town Council discussed the
issue of logo and signage and agreed that the town's current "shark" logo was in need of
modernization and that town signage would also benefit from an overhaul in graphic design and
content. Curran said that staff was directed to develop an approach would include the
development of a new Town logo. To this end, the Council appropriated funds in the 2007-08
budget, as well as the current fiscal year's budget, for this purpose.
In December of 2007, Curran said an RFP was issued to graphic design firms. She said that
Keilani Tom Design Associates was chosen to develop a graphic image first, and eventually a
sign program, for the Council's consideration. An advisory committee, consisting of
Councilmember Berger, Design Review Board member Frank Doyle, Heritage & Arts
Town Council Minutes #16 -2008
October 1,2008
Page 2
Commissioner Patricia N avone, former Mayor Bruce Ross, Landmarks' Society member Janice
Anderson-Gram, Chamber of Commerce President Jim Allen, and Town Manager Curran, met
with Ms. Tom over several months. Curran said that the next step in the process was to conduct
a review of the committee and designer's work by the Council and the public.
Ms. Curran said that the Council might want to consider retaining the current Town logo as its
official seal; she pointed out that the Town Municipal Code incorporates the "shark rampant" as
its official seal. She said that for signage and other uses, a new graphic image might be
implemented.
Councilmember Berger said that the designer had challenged the committee members to envision
the way people actually experienced Tiburon in developing a new design; he said that the shark
image did not invoke for him the way people think of the town and the pride they have in living
here.
The Town Manager introduced Ms. Tom, who thanked the committee for its collaborative effort.
She said that her firm had been in business for 25 years and had done work for the cities of San
Francisco, Los Angeles, and Concord, among others.
Ms. Tom reiterated Councilmember Berger's remarks; she said that the committee members had
completed a questionnaire that asked about Tiburon's image, past and present, and its values.
From this questionnaire, Ms. Tom said the images that emerged were of water, hills, open space,
St. Hilary church landmark, marinas, sailboats, yachts, the railroad, Mt. Tamalpais, Main Street,
and a sense of community. She said that the shark was not seen as an appropriate image and she
was directed by the committee not to use it. She said that the large palm tree downtown was seen
as an important historic symbol.
Ms. Tom said that a good logo must be memorable, legible, easy to read and reproduce, read well
in different sizes, and should distinguish itself from other cities in Marin. She said it could be
used for signage, the Town's website and stationery, among other things.
Ms. Tom unveiled two versions of the proposed logo; she talked about its versatility and uses;
she pointed out that the images were iconic and not meant to be pictorial or to scale. She said
that the proposed logo was the culmination of several months of work and over 50 iterations.
Vice Mayor Fredericks said that overall she thought the proposed logo was outstanding.
However, because of the way the buildings were shown in the logo, she thought people would
think Main Street was actually in Belvedere. She also said that the word "California" did not
seem to be centered in one version. (Councilmember Berger said that this was an optical
illusion. )
Councilmember Gram agreed that Main Street looked like it was in Belvedere; he said that it
didn't "look like" Main Street.
Town Council Minutes #16 -2008
October 1, 2008
Page 3
Councilmember Berger said that the committee had grappled with this aspect of the design and
how to fit all of the important components into the image. He reiterated that it was iconic rather
than geographically correct.
Mayor Slavitz also said that he agreed with Councilmember Gram and said that this was
important because that the focal point of the proposed logo was Main Street.
The Mayor asked whether featuring an image of a church, Old St. Hilary's, was appropriate for a
town logo.
Councilmember Berger said that the committee had discussed this and had concluded that it was
not an issue; Town Manager Curran added that the church had been deconsecrated and was now
an historic landmark, rather than a church.
Mayor Slavitz opened the item to public comment.
Peggy Bremer, Heritage & Arts Commission Chair, said had lived in Tiburon since 1962 and that
her late husband had served as the Town's third mayor. She said at that time, she was asked to
design a logo for the Town. She said that the Chamber of Commerce used a ship's wheel as its
logo; she incorporated this into the design, along with the shark on which the Town's name is
based. She said that when the Town of Tiburon was incorporated in 1964, the shark became the
official symbol of the Town.
Ms. Bremer said that the Heritage & Arts Commission's goal of preservation would not be
served if the logo was replaced. She asked the Council to table this recommendation.
Janice Anderson-Gram commended Ms. Tom's work and suggested that she incorporate some of
the Council's concerns into another version of the logo. She talked about the importance of
looking to the future and incorporating an image of what Tiburon is now and for future
generations. She said that the committee had tried to come up with images that were timely and
lasting. She said that even the words on the logo incorporated traditional typefaces as well as
more modern ones.
Mayor Slavitz closed the public comment period.
Councilmember Gram said that he liked the suggestion of keeping the official Town seal, as well
as creating a new graphic image.
Councilmember Berger said that the current logo harks back to an era of official government and
bureaucracy; he said the committee's goal was not to convey bureaucracy but rather to create a
statement like, "here's our village, town and community."
Mayor Slavitz said that he loved the shark (nicknamed "Skippy"). He said that keeping the seal
was a good compromise. He commended Ms. Tom for a beautiful job on the logo.
Town Council Minutes #16 -2008
October 1,2008
Page 4
Town Manager Curran summed up the direction of Council to keep the shark as the official
Town seal and to pursue a new graphic image for other uses such as signage; she said that for
"things that fall in between," she was sure that a balance could be found over time.
Mayor Slavitz said that it would be better to be clear about "what's what."
Councilmember Berger said that the new graphic image would make beautiful letterhead; that it
was "friendly," and made a "sunny statement."
Council continued the item and directed staff and Ms. Tom to "go back to the drawing board" to
incorporate its comments.
3. Appointments to Boards & Commissions - Consider appointment to fill vacancy on Jt.
Recreation Committee (Town Clerk Crane Iacopi)
Town Clerk Crane Iacopi said that Council had directed staff to set up a meeting with the
applicant and Jt. Recreation Committee. She said that Ms. Tollini had met with both Director
Andreucci and committee member Riessen, and that there was mutual interest in having her serve
on the committee.
MOTION:
Moved:
Vote:
To appoint Erin Tollini to the Jt. Recreation Committee.
Gram, seconded by Fredericks
AYES: Berger, Fredericks, Gram, Slavitz
ABSENT: Collins
Council also directed staff to continue to advertise for the remaining vacancy on the Jt.
Recreation Committee.
PUBLIC HEARINGS
1. 11 Shepherd Way - Consider appeal of Planning Commission decision to approve a
Conditional Use Permit and Negative Declaration to expand an existing daycare center
(The Little School) by converting an adjacent church parsonage building and portion of
existing church parking lot (Planning Manager Watrous)
Address:
Applicant:
Appellants:
APNo.
11 Shepherd Way
Shepherd of the Hills Lutheran Church
Lori and Wendy Grace
034-291-31
Planning Manager Watrous said the Little School wanted to expand their daycare center at 11
Shepherd Way which would increase the number of children it served from 45 to 77. He said
that the proposed expansion would convert the old parsonage to additional classrooms and a
portion of the existing church parking lot to an outdoor play area.
Town Council Minutes #16 -2008
October 1,2008
Page 5
The Planning Manager described the review by the Planning Commission and its appointment of
a subcommittee to meet with the applicants and neighbors to address some of the neighbors'
concerns about the expansion and its potential impacts on the surrounding area. Specifically, the
subcommittee requested that the applicant prepare:
· An evaluation of the condition of the roadway for Shepherd Way;
· An analysis of possibly play are noise impacts;
· Alternative designs and/or locations for the play area; and
· A written policy detailing procedures for parents dropping off and picking up children.
Watrous said that the applicants submitted revised designs for the play area that moved the
location for the proposed playground equipment to the south in front of the parsonage to screen
for noise, and pulled the proposed redwood fence nine feet back from the property line. The
applicants also submitted more detailed enrollment figures, trip estimates, and a written policy
for parents dropping off and picking up children, according to Watrous.
At the August 13 Planning Commission meeting, a representative of the Preserve Homeowners
Association stated his belief that an agreement between the association, the church, and the
preschool for maintenance of the Shepherd Way roadway was doable and estimated that reaching
a formal agreement would take several weeks. Watrous said that the representative asked the
Planning Commission to either defer a decision on the application until an agreement was in
place or make a decision contingent upon an agreement being reached.
The Planning Manager said that the Planning Commission determined that the proposed project
was appropriate for this location and would help fulfill a need for preschool and daycare space in
Tiburon. He said the Commission adopted a resolution conditionally approving the CUP; it
included requirements for the church and school to enter into a maintenance agreement with the
Preserve HOA for long-term maintenance of the Shepherd Way roadway and for the applicants to
prepare an evaluation of sound-attenuating fencing that would have a substantial effect on noise
to downhill neighbors.
Watrous said that that neighboring residents Lori and Wendy Grace filed a timely appeal of the
August 13 Planning Commission decision. Mr. Watrous reviewed the grounds of their appeal as
outlined in his written staff report.
Councilmember Gram asked about the 1972 roadway easement and whether an agreement would
require a unanimous vote among all the property owners. Mr. Watrous said that an attorney for
the HOA said that it would; that the easement gave a 1/22nd interest to all property owners (and
their lenders, etc.).
Councilmember Gram asked whether the Planning Commission's approval was conditioned
upon agreement being reached among all these interested parties. Mr. Watrous said it was not;
that what was envisioned was something more like a landscape agreement that could be
negotiated among the homeowners' association, the church and the school.
Town Council Minutes #16 -2008
October 1, 2008
Page 6
Councilmember Gram asked what the Preserve Homeowner's Association (HOA) by-laws said
about entering into such an agreement.
Planning Commission Kunzweiler responded to the above questions by stating that the roadway
was a "can or worms." He said that the HOA had not "done anything" in the 40 years since the
easement was granted; that the road was in "bad shape" and that the Planning Commission
thought that a maintenance agreement seemed like a good idea.
Mr. Kunzweiler said that he seemed to recall that the CC&R's said that a majority vote was
needed to enter into an agreement.
He reiterated that the road needed to be taken care of "in some way" and that even though it was
a separate issue from the CUP, the Commission thought that the entity creating the increased use
should pay its fair share.
Councilmember Berger asked about the hours of use of the proposed outdoor play area. The
Planning Manager said that the hours were spelled out in the CUP but that the question could be
more fully answered by the applicant. Councilmember Berger asked whether the school was in
use on weekends. Mr. Watrous said that it was Monday through Friday use only.
Vice Mayor Fredericks asked whether all 77 children would be on the playground at the same
time. The Planning Manager said that this question could also be more fully addressed by the
applicant.
Mayor Slavitz asked whether the negotiation of a roadway maintenance agreement was in
process. Planning Manager Watrous said that the Little School was waiting for the outcome of
the appeal to continue its pursuit of the agreement.
The Mayor also asked whether there would be increased parking if the expansion took place. Mr.
Watrous said that there was no net change in parking.
Mayor Slavitz asked if the application sought any variances of any kind. Watrous said it did not.
Mayor Slavitz opened the public hearing.
Bob Knox, representing Lori and Wendy Grace, outlined some of the points of their appeal. In
addition, he commented that the easement was "in favor of 11, 10 and 12 Shepherd Way." He
said that the expansion would create an additional 500 roadway trips per week. He contended
that the Planning Commission said that an agreement had to be reached (on the roadway issue) as
a condition of issuing the CUP. He said that there was "no deal" on the table and that the
applicants had submitted a letter which stated they were not in a position to assume responsibility
for the road.
Town Council Minutes #16 -2008
October 1, 2008
Page 7
Mr. Knox said that the Planning Commission's decision was an abuse of discretion based on
inadequate evidence in the record concerning noise, traffic, and the roadway. He said there was a
debate among the parties about what constituted a "trip" (one round trip versus two trips--one
each way). He said that vehicle trips in both directions would have "pernicious effects" on his
clients and that 500 trips was substantial evidence in the record to support this.
The Council and staff discussed how trips were counted. Staff said that that method used was to
estimate the number of cars entering and leaving the site versus one trip up the driveway and one
trip back, as the appellants have done. Councilmember Berger asked if that was the methodology
for traffic counts; Councilmember Gram asked what the CEQA formula was. Councilmember
Berger said that one method should be standard for consistency sake.
Planning Manager Watrous in the review of the CUP application for Blockbuster Video, staff
counted the number of trips that would be generated by the use, in other words, they counted the
a vehicle arriving at and leaving the store as one trip and not two trips.
Vice Mayor Fredericks noted that if one is comparing the numbers to a baseline figure, trips are
counted as a percentage increase rather than an actual number.
Mr. Knox said that the cumulative impact is that the cars would pass his client's house twice-
coming and going. He said that this was a significant impact and that the Planning Commission
was mistaken because it should not have issued a negative declaration with regard to noise and
pollution.
Knox also said that the roadway maintenance issue was given incomplete consideration and
improper handling by the Planning Commission. Now, he said that everyone was in limbo about
it; he compared it to putting the cart before the horse. He said that his clients would file a lawsuit
if a permit was issued by the Town at this juncture.
Mr. Knox recommended that the Council remand the application to the Planning Commission for
review of a proper noise study; he said that all the evidence in the record so far was merely
anecdotal.
Councilmember Gram asked what noise he was referring to-noise from cars? Mr. Knox said
yes, as well as noise from children playing on the new structure at the top of the rise.
Councilmember Gram stated that it was not the role of the Planning Commission to adjudicate
the relationship [agreement] between the church and the homeowner's association.
Mr. Knox concurred but said that the agreement should be obtained first. He added that his
clients were not arguing against daycare, rather that there should be additional mitigations to
traffic and noise, such as requiring carpooling from an off-site area such as Blackie's Pasture.
Town Council Minutes #16 -2008
October 1,2008
Page 8
Knox also contended that the Planning Commission resolution did not accurately reflect the
review period for the CUP, as reflected in the minutes. He said the resolution stated that the
CUP would be reviewed in one year while the minutes said six months.
Again, Mr. Knox asked for a remand in order to have a more informed decision.
Councilmember Gram and Mayor Slavitz asked some questions of staff regarding the sound
attenuation qualities of the proposed fence. Planning Manager Watrous said that Condition No.3
of the approval said that staff would review the fence plans to determine its sound-attenuating
qualities.
Councilmember Berger said that he recently did such a review professionally and that there were
ways to study it; he also said that an acoustical engineer could make a review. Berger noted,
however, that the biggest sound impact would come from noise bouncing off the building itself.
Mayor Slavitz asked whether a permit had been issued by the Town. Watrous replied that the
conditional use permit had been issued but not a building permit or a state license (to the daycare
facility).
Mayor Slavitz asked what the capacity of the Belvedere- Tiburon daycare center was. Mr.
Watrous said that he did not have that information.
Ann Baker, Director of the Little School, said they wanted to expand to accommodate 32 more
children (they now have 44). She added that not all of the children were there every day.
Ms. Baker said that State licensing requirements revolve around the size of playground and
classroom. She listed these requirements as 35 square feet per child inside and 75 square feet per
child outside. She said they would need to use the 1500 square foot parsonage and adjacent area
for a playground to meet this goal.
Ms. Baker said that prior to this review process she honestly did not know who owned the
roadway; she said that for 10 years of her tenure, she thought that the road belonged to the
church.
Baker said that the mission of the daycare center was to serve the public; that they were a not-for-
profit organization not limited to Tiburon residents.
Councilmember Berger asked about the hours of use of the playground. Ms. Baker said that the
hours of operation of the school were 8:30 a.m. until 2:30 p.m. She said that when the children
arrived in the morning, they "greeted" the animals outside before going inside, then had an hour
of play outdoors later in the morning and an hour to an hour and a half in the afternoon.
Mr. Berger asked whether the children could share the existing playground; Ms. Baker said their
licensing requirements might not allow them to "double up" on this use.
Town Council Minutes #16 -2008
October 1, 2008
Page 9
With regard to vehicle trips, Mayor Slavitz said that 32 more children did not necessarily equate
to 32 more cars; Ms. Baker concurred. She said that six or seven of the current families had two
children at the school. She said that they had 56 children on Mondays, Wednesdays and Fridays,
and that people did carpool now. Planning Manager Watrous noted that this constituted 105 trips
per day (on Mondays, Wednesdays and Fridays).
Mayor Slavitz asked Ms. Baker about the sound-attenuating fence. She said that they had hired
Smith Engineering to evaluate the proposed fence; she also said that an engineer named Eric Yee
made a drawing which moved the play structure in front of the building to further mitigate noise
from the play structure.
Mayor Slavitz asked whether there were complaints from the neighbors regarding noise now. Ms.
Baker said that in 10 years she had not received one complaint.
Councilmember Gram asked Ms. Baker if she had met with the homeowners' association
regarding a roadway agreement; she said that they had just received a proposal tonight.
Norma Barnes, Shepherd of the Hills Church Council President, said that the church had invited
the Little School to use the parsonage for its expansion because they knew they had a waiting list
of children who wanted to attend. She said this use was in keeping with the church's mission to
serve the public and the community. Ms. Barnes said that before the Little School rented the
space, the church had its own preschool at this location and the parsonage had been rented out as
a residence.
Mayor Slavitz asked Ms. Barnes whether the church had received complaints about traffic and
noise from the Little School. Ms. Barnes replied that she had not received any in the two years
she had been involved with the church.
Ms. Barnes said that she had spoken with (Preserve homeowner) Basil Plastiras and that they had
had an amicable conversation regarding the roadway. She said that the church council was
willing to enter into an agreement for the maintenance of Shepherd Way and that it was just a
matter of working out the details.
Mayor Slavitz opened the appeal hearing to public comment.
Paul Grothe, resident of Hacienda Drive at the corner of Trestle Glen Boulevard, said there was
already noise from the school and traffic congestion from school busses and other vehicles using
the street. He said that doubling the size of the school was not good for the neighborhood and he
asked the Council to reconsider the decision. He said, "if this was in your backyard, you
wouldn't let it happen."
Town Council Minutes #16 -2008
October 1, 2008
Page 10
Shaun Coughlin said that he supported the appellants. He noted that turning a single-family
residence into a school was a qualitative change to the area; he said that noise was a major
concern; that the neighbors had been treated in a cavalier method in the review process.
He said that no real data existed about noise and that he had spoken with a noise engineer and
had done some tests. The noise engineer said that voices were perceived differently from other
noise, according to Coughlin. He said they went to the site and determined that a 15-foot setback
would help; however, only a nine-foot setback was offered by the school even though the
architect said they would try to accommodate the 15-foot request.
Mr. Coughlin said that his children attended a school in Mill Valley that required them to drop
their children at a certain location and then they were bussed to school in order to limit traffic to
the site. He asked this solution to be considered by the Little School.
Mayor Slavitz asked staff about the perceived lack of data concerning noise. He asked whether
sounds studies had been done for this application.
Planning Manager Watrous said that sound studies were not normally required for playground
noise because it was not perceived to be a significant environmental impact under CEQA.
Mayor Slavitz asked about the distances between the homes at 2 & 4 Turtle Rock and the
proposed expansion. Mr. Watrous said that the appellants' home was 200 feet away but that 2 &
4 Turtle Rock were closer to the site.
Maria Cardoman, Sausalito resident, said that she and her family rented the parsonage for nine
years. She said they never heard any complaints about noise when she occupied the unit,
including the fact that her son had a rock band that practiced in their garage. She also said that no
road work had been done on Shepherd Way in her nine years there.
Janet Coughlin said that they had indeed heard the noise from the rock band. She also said that
other neighbors in the area heard noise from the children at the Little School.
Mrs. Coughlin reiterated her husband's comments about the carpool requirements of the Horizon
School; she said that the County of Marin required the school to implement these traffic controls
and other measures as a result of their application to expand; she questioned why the Town
wouldn't impose similar conditions. She commented that the Town of Tiburon had imposed
more stringent conditions when they did a landscape plan at their home than were being imposed
on the Little School.
Mrs. Coughlin also elaborated on the sound tests undertaken by her family in conjunction with a
sound engineer; she said that human brain registered crying different from other noise so that it
was much more intrusive.
Town Council Minutes #16 -2008
October 1, 2008
Page 11
Vice Mayor Fredericks asked Mrs. Coughlin about the size of the Horizon School.
Mrs. Coughlin said that it had grades K through 8, plus a nursery school; Mayor Slavitz noted
that the school accommodated 200 children.
Vice Mayor Fredericks said that the Horizon School already had traffic controls in place prior to
their expansion. Mrs. Coughlin replied that there was a precedent in Tiburon for these kinds of
requirements.
Rosalind Jekowsky said that the neighbors "haven't been heard," and felt "railroaded" because
due diligence had not been done in the process. She said that a noise study would make everyone
more comfortable with the process. She also said that no one on the Planning Commission
"pushed" for the 15-foot setback.
Councilmember Gram asked whether pushing back to 15 feet would satisfy the neighbors. Mrs.
J ekowsky replied no, that a sound study and road assessment were also needed.
Tim Geraghty said that he had heard the garage band, as well. He said that the reason no one had
complained about noise in 10 years was that the current playground was in a different location.
He said that the responsibility for the road should not be borne by 22 owners when the expanded
use by the Little School would double the wear and tear on the road.
During his rebuttal, appellant's attorney said that the testimony bore out his assertion that more
information was needed, including a noise study and an agreement concerning the roadway. He
also said that mandatory restrictions should be placed on the Little School with regard to
increased traffic. Mr. Knox said that the Planning Commission findings were made without any
substantial evidence in the record and should be overturned or remanded.
Mayor Slavitz closed the public hearing.
The Mayor asked staff for information on sound studies.
Planning Manager Watrous said that sound studies were based on industry standards; that they
look at sound and how it travels over distance and decreases. He said that from a CEQA
standpoint, certain noise such as children at play was not loud enough to be considered a
significant environmental impact versus other audible sounds. He said that decibel level readings
would bear thi~ out.
Mr. Watrous added that the original application would have located the playground even closer
to the Coughlins but it had been pulled back nine feet and was now shielded by the (parsonage)
house. He said the Planning Commission thought these conditions would help mitigate the
noise, along with a sound-attenuating fence. However, he said it was not meant to completely
erase the sound of children at play.
Town Council Minutes #16 -2008
October 1,2008
Page 12
Mayor Slavitz said that this analysis meant that the sound of children at play did not rise to the
level of a significant environmental impact; however, he asked, from a neighbor's point of view,
what is the threshold for "less than significant?"
Mr. Watrous said that there was no CEQA rating for noise that was not significantly above
ambient noise.
Town Attorney Danforth said that the Town of Tiburon did have standards relating to noise in
residential neighborhoods in its General Plan, however, "children at play" never reached those
levels, nor was it a sustained noise.
Vice Mayor Fredericks said that the General Plan often addressed issues in a broader context and
suggested that the Council might make a judgment in a particular case which set a higher
standard than CEQA or its General Plan.
Planning Manager Watrous agreed that the Council had such authority. Ms. Fredericks said that
it was not a question of authority but rather, would the noise level readings be meaningful
enough to aid the Council in making such a judgment if a study was undertaken.
Mr. Watrous responded that the decibel readings themselves would not be enough; he opined that
they would be minimal and would not look much different from ambient noise levels. Mr.
Watrous said what noise studies can show are specific observations at specific locations.
Vice Mayor Fredericks wondered how the numbers would be interpreted. Mr. Watrous said that
the engineers performing the study would interpret the data.
Mayor Slavitz said he thought the data might end up being meaningless as the numbers are
averaged over time.
Councilmember Berger had two observations: one, that he had professional experience with
sound studies; two, that he have lived next door to a school and acknowledged that this type of
noise could be an issue.
Berger said that the Council could "do better" than CEQA standards in its review and
recommended a sound study. He agreed that the decibel levels would also tell more about the
impact of car trips.
Vice Mayor Fredericks agreed that a study would be useful.
Councilmember Gram said that he identified three issues; 1) a noise study was a good idea
because it would give scientific data; 2) he thought that increased traffic was not an issue; 3)
while an agreement regarding the roadway was important, not having it in hand at the time the
Planning Commission made its decision was not an issue in this review.
Town Council Minutes #16 -2008
October 1, 2008
Page 13
Mayor Slavitz agreed that without a noise study, it was hard to talk about the data. He asked the
Council how they wished to proceed.
Councilmember Gram suggested that a subcommittee might review the data. After some
discussion, Council decided that it would be preferable to review the study in a public meeting.
Town Attorney Danforth said that the Council could continue the hearing on the noise issue in
order to evaluate whether the study confirmed the findings of the initial study and supported the
Planning Commission's decision in this case; she said it seemed clear that the Council had made
its ruling on the traffic and roadway issues of the appeal.
Council concurred with this recommendation.
MOTION:
Moved:
Vote:
To partially uphold the appeal and continue the hearing to a date uncertain
pending completion of a noise study.
Berger, seconded by Fredericks
AYES: Unanimous
ABSENT: Collins
2. "Green Building" Ordinance - Consider second reading and adoption of ordinance adding
Article VIII (Green Building) to Chapter 16 of the Town Code to establish Green
Building requirements for new residential and non-residential projects and resolution
establishing Green Rating System (Director of Community Development Anderson)
Council waived the staff report.
Mayor Slavitz opened the public hearing. There was no public comment. Mayor Slavitz closed
the public hearing.
MOTION:
Moved:
Vote:
To read ordinance by title only.
Berger, seconded by Fredericks
AYES: Berger, Fredericks, Gram, Slavitz
ABSENT: Collins
Mayor Slavitz read, "An ordinance of the Town Council of the Town ofTiburon amending Title IV,
Chapter 16 (Zuning) of the Municipal Code to establish Green Building requirements for certain
construction projects."
MOTION:
Moved:
Vote:
To adopt ordinance as written.
Fredericks, seconded by Berger
AYES: Berger, Fredericks, Gram, Slavitz
ABSENT: Collins
October 1,2008
Page 14
Town Council Minutes #16 -2008
TOWN COUNCIL REPORTS
Mayor Slavitz reported that he and members of Town staffhad met with Harry Delano, owner of
Delano's IGA, to take about a possible program whereby the grocers would charge customers for
plastic bag use, the proceeds of which would be used by the Town to manufacture and distribute
reusable bags. The Mayor said that it was a very productive discussion.
Mayor Slavitz said that he had subsequently been advised by counsel that mandatory programs
were not advisable, however, grocers were free to enter into such programs voluntarily.
Vice Mayor Fredericks reported that Assemblyman Huffman's [recycling] bill had been passed
by the legislature.
TOWN MANAGER'S REPORT
Town Manager Curran reported that FEMA was re-drawing its maps of the area and that based
upon the information currently available to staff, the current designated flood zone would be
expanded. She said that town staff would inform residents of the outcome and prepare
information on how to obtain flood insurance, etc., when the maps are finalized.
WEEKLY DIGESTS
. Town Council Weekly Digest - September 19, 2008
. Town Council Weekly Digest - September 26,2008
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz
adjourned the meeting at 10:10 p.m.
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CLERK
Town Council Minutes #16 -2008
October 1,2008
Page J 5