Marin County scammed Concerned Citizens and Homestead Valley Residents

Marin County scammed Concerned Citizens and Homestead Valley Residents
From: charlessands
Subject: Fwd: Marin County scammed Concerned Citizens and Homestead Valley Residents
Date: December 2, 2009 12:36:45 PM PST
To: Those who signed a Homestead Concerned Citizens petiton in 2003 against the Marin Horizon School's proposed expansion plans.

FYI ...See folowing email message and attachments.

If we had a bono attorney or sufficent funds there appears to me to be sufficent evidence to sue Marin County for the malfeasance, unethical conduct and violations of the California Environmental Qualityt Act by the Community Development Agency and DPW Deptartment of Land Management staff and ask that the County be required to provide as damages to our community the following:

o A turning lane at Montford and Melose avenues for MHS vehicles waiting to enter the MHS illegal on-street passenger loading area;
o An ADA compliant passenger loading area on Melrose including providing a traffic and pedestrian separation barrier between the loading area and traffic and widen Melrose to provide 2 lanes at all times and on-street parking (See attachment Melrose Ave. Concept),;
o A scholarship tuition and supplies fund for 5 Homestead Valley students of families having a gross income less than $150,000 as payment for use of Melrose Ave. as an MHS loading area;
o Prohibit the use of amplified sound at all times;
o Enhance the riparin (vegatation) of the undeveloped portion Reed Creek Stream Conservation Measure significant impact mitigating measure omitted by the County to be included in the MHS E.I.S and Negative Declaration in violation of the CEQA;
o Remove "bootleged" Astro Turf and temporarily stripe paved area for temporary parking for use during school, after school and weeked use for all MHS on site events;
o Plant 20 feet high screen of evergreen trees (Cypres etc.) between MHS and the east side of the Homestead Valley Community Center.

The below email has been sent to the County.



Marin County scams Homestead Valley Residents

Board of Supervisors (BOS) Resolution 2005 – 105 dated 30 August 20 Condition of Approval does not implement all the mitigating actions identified and described in the County’s Marin Horizon School (MHS) Environmental Initial Study. See “staff omissions” in A. and B. below.

As a result MHS Special Event Parking for those events held during normal and fter school hours has and will have an observable significant impact on the supply of on street parking on Homestead Valley neighborhood streets within walking distance of MHS.

It is presumed that Board of Supervisors (BOS) Resolution 2005 – 104, Board of Supervisors (BOS) Resolution 2005 – 105 and the MHS Environmental Initial Study were prepared by Community Development Agency and Department of Public Works staff. and that their work products were reviewed for errors and omissions and approved by their respective supervisors and Directors.

The Community Development Agency and Department of Public Works staff’s “omissions” described below benefit only MHS while permanently depriving MHS neighborhood residents of use of their on-street parking in front of their homes.

These “omissions are a violation of the CEQA as they are clearly and evidently deliberate “omissions” intended to assure that the Marin Horizon School’s usurpation of neighborhood residential on-street parking is not found to have a significant impact.

STAFF OMISSIONS.:

A. Board of Supervisors (BOS) Resolution 2005 – 105 dated 30 August 2009 Approving the Mill Valley School District/Marin Horizon School (MHS) Use Permit and Design Review: Condition of Approval # 50 Temporary Parking. required only that MHS shall:
1) Provide approximately 52 temporary parking spaces on the playground during after normal school hour events (Special Events);
2) OMISION: Astro Turf play area and Basket Ball court use of temporary parking not approved by Resolution 2005-105.
3) OMISSION: MHS not required to provide 55 temporary parking spaces during normal and after school hour events (Special Events) required by E.I.S. page 28
4) Provide approximately 52 temporary parking spaces per the approved special events parking layout;
5) OMISSION: MHS not required to provide night time shuttle bus service if attendance exceeds 100 as required by E.I.S page 28 but only to determine if shuttle bus service is required.
6) OMISSION: Does not require all other MHS vehicles to park out side of the neighborhood per MHS Traffic Plan. E.I.S page 28.

Failure to fully and completely implement all E.I.S page 28 Special Event mitigating measures in Condition of Approval # 50 as described in B. and C. below results in Special Events parking now having a significant impact on the supply of residential on-street parkin.

The above omissions benefits only MHS while depriving Homestead Residents of the protection of the Marin Horizon School E.I.S. required environmental mitigating actions and is a violation of the California Environmental Quality Act.

And explains why on the Friday before Halloween MHS vehicles were parked on- street on every street within walking distance of the school.

BOS Resolution 2005-104 dated 30 August 2009 Adopting a Negative Declaration of Environmental Impact for Mill Valley School District/Marin Horizon School.required MHS to:
1) Provide 51 temporary parking spaces on the playground and 4 staff spaces for a total of 55 spaces. E.I.S. page 28;
2) OMISSION: Astro Turf play area and Basket Ball court use of temporary parking space “on the playground areas” is not shown or described on the “proposed site plan” E.I.S. Figure 1 page 6a or described on page 28 Special Events. A violation of the CEQA.
3) OMISSION: Astro Turf play area and Basket Ball court use of temporary parking space “on the playground areas” is not described and their potential negative impact evaluated not evaluated. E.I.S. Noise page 36. . A violation of the CEQA.
4) Provide 55 temporary parking spaces during after normal school hour events. E.I.S. page 28;
5) Provide 55 temporary parking spaces during normal school hour events (Halloween, Earth Day and Grandparents’ day). E.I.S. page 28;
6) DUE TO OMMISIONS the E.I.S. 6.1 d) statement that “the traffic analysis (See 6.a) Dowling Traffic Review below) concluded that parking for special events would have a less than significant impact provided the shuttle program is maintained” IS FALSE.
The above E.I.S. 6.1 d) statement does not correctly, completely and fully paraphrase the “traffic analysis” conclusion nor convey its meaning.
Indeed the Dowling Traffic Review stated on page 14: statement “Transportation impact # 3 – The project would increase the demand for off-site parking during special events. The on site parking in combination with the schools remote parking and shuttle program is expected to serve the expected parking demand for special conditions.
Note: CDA staff only included text in bold black in E.I.S. 6.1 d) and omitted references to “on-site parking in combination with the schools remote parking and shuttle program
7) Require all other MHS vehicles to park out side of the neighborhood per MHS Traffic Plan. E.I.S page 28.
8) E.I.S page 29 Condition of Approval: MHS shall continue to provide night time shuttle service if attendance will exceed 100.
9) Insufficient parking on site or off site found to be “Less Than Significant Impact” if the above mitigating measures are implemented
Dowling Traffic Review for the Marin Horizon School, Mill Valley, California dated 23 November 2009.

1. “Transportation impact # 3 – The project would increase the demand for off-site parking during special events. The on site parking in combination with the schools parking and shuttle program is expected to serve the expected parking demand for special conditions.
2. “The proposed site plan for the project includes the use of the playground areas for parking during special events.
3. “Special events that occur during the school day would have 55 spaces for parent parking, including 51 spaces on the playground and 4 spaces in the normal parking area that would be reserved for staff.”

The as-built Marin Horizon School is in violation of:
1. Title 24 Section 24.04.330 (a). “Every main building shall be provided with minimum off-street parking and loading”.
2. Title 24 Section 24.04.335 (a). “All parking and loading spaces shall be located on the same site as the use they relate”. Dowling Traffic Review projected Marin Horizon School parking space demand to be: 51 temporary special event parking spaces; 49 staff parking spaces; and 32 parking spaces for others (parents, visitors and visitors).
3. Title 24 Section 24.04.340 (p). 132 on site parking spaces required by Marin Horizon School projected parking demand are not provided
4. Title 24 Section 24.04.380 (a) 4 of 49 parking spaces length dimensions are less than required 18 feet.
5. Title 24 Section 24.04.390 (a) Back out nose not provided
6. Title 24 Section 24.04.435. ADA loading area slope not to exceed 2%
7. Title 24 Section 24.04.440 (b). “Provide side walks and curbs” (along Melrose and Montford Avenues)