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Home My WebLink AboutPW Quiet Zone DesignationCITY of Agenda Item No: 5.e Meeting Date: October 3, 2016 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: Bill Guerin, City Manager Approval: Director of Public Works File No.: TOPIC: QUIET ZONE DESIGNATION SUBJECT: CITY OF NOVATO REQUEST FOR THE CITY OF SAN RAFAEL TO SPONSOR COUNTY -WIDE SMART QUIET ZONE RECOMMENDATION: Provide input and direction to staff on the City of Novato's request. DISCUSSION: The SMART train will begin revenue -generating operations sometime after December 1, 2016. Upon completion of the intersection improvements at the Civic Center SMART station (currently scheduled to be complete in late October), San Rafael will be in a position to designate a Quiet Zone (QZ) to coincide with SMART's commencement of revenue operations. The QZ designation is significant because trains will not be required to sound their horns at every rail crossing but only when entering/leaving the two San Rafael rail stations in central San Rafael and at the Civic Center. Under federal law, the process for establishing a QZ varies depending upon how the QZ meets certain federal safety standards. Our ability to unilaterally "designate" a QZ after proper noticing procedures is possible because SMART has installed "Supplemental Safety Measures" (SSMs) at our crossings. These SSMs can only be used where the intersection configuration allows it. San Rafael's intersections conform to those requirements. Therefore, the City of San Rafael is on schedule to establish Quiet Zones within our jurisdiction to coincide with the commencement of SMART's commercial operations. The City of Novato also is seeking a QZ but a number of their intersections do not conform to the requirements for SSMs. Those intersections that do not comply have been built out with "Alternative Safety Measures" (ASMs). Because of the need for ASMs, Novato cannot merely "designate" their QZ, but instead will need to "apply" to the Federal Railroad Administration (FRA) for their QZ. The review and approval process for this application may take several months or more. The Novato City Council on September 27th made a decision to request that the City of San Rafael partner with Novato to create a comprehensive QZ extending from San Rafael through to Novato. The QZ would encompass crossings in the unincorporated area of the County of Marin between San Rafael and Novato as well. Because of the scoring rules associated with a QZ designation, the proposed single QZ covering both cities and the County unincorporated area will result in a QZ that qualifies to be established through the designation process. FOR CITY CLERK ONLY File No.: 245 Council Meeting: 10/03/2016 Disposition: Direction provided to staff SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paye: 2 Thus, if San Rafael agrees to the request, San Rafael, as the sponsoring agency, will be able to establish the comprehensive QZ through the designation process rather than through application to the FRA. This will ensure that the QZ is in place quickly. However, it is important to note that San Rafael would have to rescind its existing Notice of Intent in order to proceed with the new, comprehensive QZ. This entails a public comment period of up to 60 days and an additional 21 days "Notice of Establishment" of the QZ prior to its effective date. Therefore, while it is possible that the new comprehensive QZ will be in place prior to the start of SMART revenue operations, there is no guarantee that San Rafael will have a QZ on day one of operations. The San Rafael City Council has previously stated its direction to have a QZ in place on the first day of operations and there may be concerns expressed by the citizens of San Rafael if that does not occur. FISCAL IMPACT: None. ACTION REQUIRED: City Council must provide direction to Staff as to whether to pursue the comprehensive Quiet Zone. ATTACHMENTS: Letter dated September 28, 2016 from the City of Novato requesting that San Rafael consider requesting a comprehensive Quiet Zone from San Rafael through Novato. THE CITY OF NOVATO CALIFORNIA 922 Machin Avenue Novato, CA 94945 415/899-8900 FAX 415/899-8213 www.novato.org Mayor Pat Eklund Mayor Pro Tem Denise Athas Councilmembers Pam Drew Josh Fryday Eric Lucan Interim City Manager Cathy Capriola September 28, 2016 Mayor Gary Phillips and Members of the San Rafael City Council City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Dear Mayor Phillips and Members of the San Rafael City Council: On behalf of the Novato City Council, we are formally and respectfully requesting that the City of San Rafael partner with Novato and Marin County to create a comprehensive Quiet Zone that extends from San Rafael through Novato. The Novato City Council voted unanimously on this urgency item at our meeting on Tuesday, September 27th. As you are fully aware, both San Rafael and Novato have been working with SMART, the Federal Railroad Administration (FRA), and the California Public Utilities Commission (CPUC) to understand and navigate the complex rules, regulations and process required for the establishment of a Quiet Zone. This is new territory for our elected boards, staff and organizations. During this process, Novato learned that we are unable to end our Quiet Zone at the Hamilton State Access Pedestrian Crossing. Though not written in FRA regulations, federal policy requires that a Quiet Zone begin and end only at a public road and a railroad track surface crossing. Unfortunately, the Hamilton State Pedestrian Access Crossing does not meet these requirements, therefore, Novato's Quiet Zone ends at Hamilton Parkway. This means that the horns will blow as trains approach this pedestrian crossing and approximately 375 residential units within 1,000 feet will be impacted 30 times a day with substantial horn noise. The Council's only alternative to prevent the noise is to close the crossing. However, this pedestrian crossing, in the heart of Hamilton, provides a safe route to school pathway, easy access to the library, and creates an important neighborhood connection. We have also received concerns from residents on Novato's southern boundary that are hearing train horn noise from the private crossings in the unincorporated areas of Marin County, the existing gap between San Rafael's and Novato's quiet zones. We don't make this request lightly. Before coming to you, we explored other options that were envisioned as potentially easier (waivers, etc.) with no success. We are appreciative of the time and efforts of Congressman Huffman, SMART, and FRA on these endeavors. We recognize that the timeline is tight, but if we are able to initiate the process for a comprehensive Marin Quiet Zone now, then we will be able to have it established by the end of the year. There is strong regulatory support for one Quiet Zone to serve Marin. SMART and the FRA have expressed their desire for one comprehensive Quiet Zone in order to simplify train operations and provide greater consistency and safety for train operators. Both organizations have offered to support an effort to create one comprehensive Quiet Zone. The Federal Railroad Administration has indicated that one agency is required to serve as the lead to submit a revised Notice of Intent for a comprehensive Quiet Zone. It is our understanding that the other involved public agencies (Novato and Marin County) would need to submit a letter of support for the comprehensive Quiet Zone. We request that San Rafael act as the lead agency which allows your City to be in the driver's seat. We are prepared to help in any way possible to make the comprehensive Quiet Zone a success for Marin. We understand that there are details and more specific responsibilities that would need to be clarified and memorialized in an agreement or MOU should we move forward together. We pledge to absorb any costs, legal responsibilities, maintenance or other related issues for the portions of the comprehensive Quiet Zone that are within Novato's jurisdiction as if we had our own stand-alone Quiet Zone. Noise knows no jurisdictional boundaries and as our neighborhoods are already experiencing, its impacts carry far beyond the immediate crossing. This comprehensive Marin Quiet Zone will ensure that the quality of life is maintained for all of Marin residents by ensuring no horn noise on any crossing in Marin County. Closing the gap between Novato and San Rafael and protecting the Hamilton neighborhood is of upmost importance to our City Council and residents. We understand the seriousness of our request, and we sincerely appreciate the City of San Rafael for considering our appeal to work together as neighbors and partners towards creating a comprehensive Quiet Zone for Marin. Sincerely yours, Pat Eklund, Mayor Eric Lucan, Council Member, SMART Board Member cc: Jim Schutz, City Manager, City of San Rafael Bill Guerin, Public Works Director, City of San Rafael Farhad Mansourian, General Manager, SMART Novato City Council Cathy Capriola, Interim City Manager, City of Novato Russ Thompson, Public Works Director, City of Novato Attachments • ATO Qll CURRENT NOVATO QUIET ZONE,4 NOVATO NORTH / SAN MARIN STATION DOWNTOWN STATION' l haaalc " NOVA► O SOUTH — HAMILTON STATION STATE ACCESS PED XING ♦� TWO PRIVATE XINGS CURRENT SAN RAFAEL QUIET ZONE b SMITH RANCH RD X-ING r - i,' STATE ACCESS ROAD PEDESTRIAN CROSSING "CURRENT" VIEW TOWARDS HOUSES View from Pedestrian Crossing THE CITY OF NOVATO CALIFORNIA 9YAINuao]abiI;ifilLlgel Us 4 Sd THEIN LIMIT bF NOVATO QUIET ZONE �t . 4 ♦ ,000 �� x . et �41 ryr qA_,�%, 4 hLM N+/-1000-ft RADIUS q �POLL is rr STATE CCESS ;RD PED �ft.QSSING •. wry . ` f ��;. � _ ... 04 � ` Age » ? HAMILTON STATION 00 100 ELEM. SCHOOL e;_ Name: Gail Haar Submitted: 2016-09-30 02:17:51 UTC Message: There is no date on the report we received. Is the City Council meeting to consider the extension on Monday Oct. 3rd? Do you realize that that is Rosh Hashonah? Can written comments be submitted ahead of time? Name: Robert Cook Submitted: 2016-09-30 02:25:45 UTC Message: The quite zone must be operational on day one of operation. If it's going to be delayed by a joint Novato/San Rafael application, Novato should go it alone. We have been suffering with the train horn for months. Enough is enough! Name: Sue Ann Roy Submitted: 2016-09-30 09:08:24 UTC Message: You promised us a quiet zone upon train implementation. A set back of time listening to horns early am thru pm is not acceptable as San Rafaels topography impacts way more homes than Novato. We will bear the brunt of an extra 6 mos to a year of horrible noise. We are on Aquinas Dr and can hear the horns very loudly with our new dbl pane windows closed, due to the amplification of sound up from should walls. It is almost the same as right at the station ... and this was not studied before hand. A friend on Riviera can also hear the horns, tho not nearly as loudly. Novato does not have as many citizens impacted by the horn noise as San Rafael, due to hills. They need to go it alone!!!!!!!! We cannot wait for them getting less sleep for another possible 6 mos to a year for re application. Nice try Novato, but you are too late to the party. Many SR citizens are prepared to stand on the tracks if quiet zone not implemented as we lobbied for. Also, time for San Rafael council members to have some care and backbone for their constituents who spent their time lobbying prior to the trains implementation. I m sorry for the fewer Novatoans impacted, but am not wiling to give up sleep for them for extra time, esp since they are not ready, too many possible snafus and delays for them adding in with us at this late date. PLEASE STAND UP FOR YOUR RESIDENTSHM! Name: Rob Wiley Submitted: 2016-09-30 15:00:06 UTC Message: Any delay to the implementation of San Rafael's quiet zones is unacceptable. While I enjoy the occasional whistle of a train horn, the constant blaring of the horn, often for 20-30 seconds at a burst, is having a real impact on surrounding neighbors. Please ensure that whatever you decide on Monday night does not delay the quiet zones for San Rafael. Thanks, Rob Wiley Bret Harte Heights Name: Carol Fetterman Submitted: 2016-09-3015:41:34 UTC Message: I strongly object to having a joint quiet zone with Novato. The City of San Rafael and its concerned citizenry have been working very hard to get all of our crossings updated to meet SMARTS requirements for a quiet zone. I have been told that we have done this and the quiet zone will go into effect when the train service starts. It is none too soon for many of us who have suffered the impact of noise and will continue to suffer the impact even more during these last two months as the train gears up to get ready for service. We have been somewhat comforted by knowing this will end soon Now we are advised that Novato wants to piggy back on San Rafael and apply for a joint quiet zone. One problem; like the grasshopper in the fable Novato fiddled instead of preparing. They want us to wait however long it takes for them to get their crossings to meet requirements. This is patently unfair and unacceptable to those of us who've been communicating with the city to make sure we are ready in time. Novato didn't prepare and they want us to delay getting our quiet because they suppose it will be advantageous to them. We say sorry Novato. You should have anticipated the noise impact as we did but we aren't delaying Carol Fetterman Name: John Berlinsky Submitted: 2016-09-30 15:44:45 UTC Message: Hello - concerning the meeting this upcoming Monday regarding the quiet zone for the Smart train going into effect, I am in favor of it going into effect ASAP and not being delayed due to Novato's request. Thank you. Name: Thad Sauvain Submitted: 2016-09-30 17:46:17 UTC Message: Dear City Council, San Rafael has done a lot of planning to install quiet zones in our city for the upcoming SMART Train roll out. I understand that Novato now would like for us to hold on those plans while they plan out their own quiet zones. Please do not allow our planning to be halted and delayed because of Novato's lack of planning to this point. Let's roll out those quiet zones immediately to protect the safety and quality of life in San Rafael the day those trains start rolling. Thank you for your service. Thad Sauvain Name: Paula Doubleday Submitted: 2016-09-30 18:04:08 UTC Message: I've read through the staff report about Novato's request to create a larger quiet zone area. I think this is a bad idea for San Rafael to do anything that delays our Quiet Zone. It will add months to the process, between construction and approvals. If you watch Nextdoor at all, the upset about the horns is ongoing! And we don't even hear them 4 times an hour, which we WILL when the train starts. Bad idea. I'm across the freeway from the Lincoln corridor. Due to FRA regulations, the horns start at the top of Lincoln and basically blow all the way to downtown since there are so many intersections. I am generally in agreement with collaborating with other municipalities, but Novato has dragged their feet on this. Please vote no to this request. Name: Brenda Goeden Submitted: 2016-09-30 23:12:47 UTC Message: Hi There, I would love it if San Rafael did not delay implementing the quiet zone. Since measures are already in place to make the quiet zone a reality, please move forward as previously planned. Thank you, Brenda Goeden Name: Carol Kleiman Submitted: 2016-10-03 00:13:39 UTC Message: Dear City Council Members, The new SMART train horn sounds have been a constant disturbance to the peace and quite of our neiborhoods in San Rafael ever since the train started running. We desperately need quite zones implemented as soon as possible within San Rafael. We do not want any delays in implementing these quite zones for our neighborhoods for any reason. Name: Allen Kleiman Submitted: 2016-10-03 02:19:31 UTC Message: Dear City Council Members, This is to urge you NOT to delay implementation of the Quite Zones in San Rafael. Most of us in this community are fed up with the relentless blowing of the SMART train horn. It seems to be blown too many times as well as for too long and this is downgrading the quality of life in San Rafael , not upgrade it as the SMART train project was proposed to do. I live more than a mile from the train station in San Rafael and all life, conversations and thoughts are suspended as soon as the horn starts its loud and overly repetitive blowing. THIS MUST STOP!!!!! Name: Carol McCollister Submitted: 2016-10-03 16:36:50 UTC Message: I will not be able to attend the meeting on Monday, October 3 where the possible delay of the San Rafael Quiet Zone will be discussed. However I am compelled to voice my opinion, and vote, that there be NO delay in proceeding with implementation of the San Rafael Quiet Zone. Novato can and will be able to proceed on its own and NOTHING can warrant San Rafael withdrawing its now long -submitted application and NOTHING can warrant the continuance of the train horn for one more minute than absolutely necessary. Sorry to sound so adamant, however living with the INCESSANT and LOUD train horn for these past months has more than driven us to distraction. We as a community are hanging on by our fingernails until this scourge is finally quieted. It is already beyond comprehension what a HUGE detriment this all -pervasive noise pollution has been to our quality and enjoyment of life. I am not exaggerating that sanity is holding on by a thread. Please let Novato proceed on its own and let us in San Rafael mercifully be relieved of this ongoing nightmare. Name: Barbara Bownson Submitted: 2016-10-03 18:43:15 UTC Message: Mayor Philips, I plead with you not to elay the The Quiet Zone in San Rafael by waiting for Novato. We the citizens of San R ael worked so hard to comply and correctly receive the Quiet Zone .. I usually believe in helping others, but the effort put forth by your communitymust be recognized. Let them receive the Quiet Zone. There is no guarantee that Novato will ever be in compliance. Let them wait the year. The time element is too short for me to mail this. You are welcome to publicly use this letter at the October 3,. 2016 meeting! Sincerely, Barbara Brownson OFFICE OF THE ... .............................................................................. .O.U.N.TY........ D........I.......I.$T.R.A.TO.R. COUNTY OF MARIN We (the County, San Rafael and Novato) have been working with SMART, the Federal Railroad Administration (FRA), and the California Public Utilities Commission (CPUC) to understand and navigate the complex rules, regulations and process required for the establishment of a Quiet Zone. SMART and the FRA have expressed their desire for one comprehensive Quiet Zone in order to simplify train operations and provide greater consistency and safety for train operators. Both organizations have offered to support an effort to create one comprehensive Quiet Zone. The FRA has indicated that one agency is required to serve as the lead to submit a revised Notice of Intent for a comprehensive Quiet Zone. We request that San Rafael act as the lead agency. The other involved public agencies (Novato and Marin County) would submit a letter of support for the comprehensive Quiet Zone. Thank you for considering our appeal to work together as neighbors and partners towards creating a comprehensive Quiet Zone for Marin. Sincerely, MattheNwH y I County Administrator September 29, 2016 Matthew H. Hymel COUNTY ADMINISTRATOR Mayor Gary Phillips and Members of the San Rafael City Council City of San Rafael 1400 Fifth Avenue Marin County Civic Center San Rafael, CA 94901 3501 Civic Center Drive Suite San Rafael, CA 94903 Dear Mayor Phillips d Members the SRafael City Council: p anemers oan 415 473 6358 T 415 473 4104 F The County is supportive of the request that the City of San Rafael partner CRS Dial 711 with Marin County and Novato to create a comprehensive Quiet Zone that www.marincounty.org/cao extends from San Rafael through Novato. We (the County, San Rafael and Novato) have been working with SMART, the Federal Railroad Administration (FRA), and the California Public Utilities Commission (CPUC) to understand and navigate the complex rules, regulations and process required for the establishment of a Quiet Zone. SMART and the FRA have expressed their desire for one comprehensive Quiet Zone in order to simplify train operations and provide greater consistency and safety for train operators. Both organizations have offered to support an effort to create one comprehensive Quiet Zone. The FRA has indicated that one agency is required to serve as the lead to submit a revised Notice of Intent for a comprehensive Quiet Zone. We request that San Rafael act as the lead agency. The other involved public agencies (Novato and Marin County) would submit a letter of support for the comprehensive Quiet Zone. Thank you for considering our appeal to work together as neighbors and partners towards creating a comprehensive Quiet Zone for Marin. Sincerely, MattheNwH y I County Administrator