Thursday, November 25, 2010

3rd request for action as Community Development Agency fails to enforce 2005-105 Condition of Approval 18 A

From: Charlessands
Date: November 25, 2010 9:24:09 AM PST
To: BCrawford@co.marin.ca.us
Cc: Tlai@co.marin.ca.us, jtejirian@co.marin.ca.us, sadams@co.marin.ca.us, jarnold@co.marin.ca.us, hbrown@co.marin.ca.us, skinsey@co.marin.ca.us, cmcglashan@co.marin.ca.us, pfaulkner@co.marin.ca.us, eberberian@co.marin.ca.us, dstratton@co.marin.ca.us
Subject: 3rd request for action as Community Development Agency fails to enforce 2005-105 Condition of Approval 18 A.

cc: HVCC, Madrone Park Circle, SaveEvergreen and Hearus groups
HVCA/MHS joint committee A. Wunthrow & C. Oldenberg
President Arnold et al.
As 18 business days have passed we again respectfully request you to respond informing us what action you have taken to require Marin Horizon School to address the Nov. 2nd violations of 2005-105 Condition of Approval 18 A noted below. And to require Marin Horizon School to roll back it illicit increase in enrollment to its previous USE PERMIT permitted maximum enrollment of 250 and to require MHS comply with 2005-105 Condition of Approval "cling sticker" requirements and 51 "on the black top" on-site temporary parking requirements.


-----Original Message-----
From: Charlessands
To: TLai
Sent: Mon, Nov 8, 2010 7:27 pm
Subject: Re: 2nd request: Fwd: Community Development Agency fails to enforce 2005-105 Condition of Approval 18 A.

Tom.. if I may .. Mr Lai seems to formal for someone I like and respect.

Thanks. Can you also have Dowling and Associates monitor and exam large special events (Condition of Approval 18 H) during after school hours (Condition of Approval 50) . Large special events may inadvertently have never been monitored.

We recently performed an independent Evergreen Ave trip survey and were amazed to find that 36% of the total morning peak hour trips and 51% of the total afternoon peak hour trips are MHS vehicles . See Fig. 1 , 2, 3 and 4 attached. This is a significant negative traffic impact that remains to be mitigated. Marin Horizon School is complaining about the volume of morning peak hour traffic and speeding vehicles as their reason for needing sidewalks. It wants to reduce Evergreen Ave.'s travel width to less than Caltrans minimum width.

MHS also wants to have a 5'-0" sidewalk built from Whole Foods secondary parking lot it uses as a staging lot for its students who commute to before they walk to school. MHS did not reveal this use in its 2005 expansion proposal nor in its Environmental Impact Study. DPW is proposing to remove existing street trees and landscaping, eliminate 4-5 on street parking, eliminate compacted gravel on-street parking and re pave with substituted asphalt all of which is not consistent with our Tamalpais Area Community Plan T6.1 and T6-2.

Also can you require MHS to require its parents to affix identifying "cling" stickers to the drivers-side side window required as mitigating action in the MHS Environmental Impact Study Appendix B Traffic Plan. Parent Compliance page 70 ? We need this identifying sticker to identity MHS vehicle parking and speeding traffic violations.

I've attached photo of special event cars parked on the black top not on the astro turf and also parked on am east west axis not a north south axis as required by MHS temporary parking site plan.

Best regards

Charles




-----Original Message-----
From: Lai, Thomas
To: Charlessands
Cc: Adams, Susan ; Arnold, Judy ; Brown, Hal ; Kinsey, Steven ; McGlashan, Charles ; Tejirian, Jeremy ; Stratton, Debra ; Crawford, Brian ; Lai, Thomas
Sent: Mon, Nov 8, 2010 10:33 am
Subject: RE: 2nd request: Fwd: Community Development Agency fails to enforce 2005-105 Condition of Approval 18 A.

Dear Mr. Sands,

We will review and respond to the alleged areas of non-compliance by Marin Horizon School with their Use Permit requirements.

With Regards,
-Tom Lai
(415) 499-6292
From: Charlessands [mailto:charlessands@aol.com]
Sent: Saturday, November 06, 2010 10:41 AM
To: Crawford, Brian
Cc: Adams, Susan; Arnold, Judy; Brown, Hal; Kinsey, Steven; McGlashan, Charles; Lai, Thomas; Tejirian, Jeremy; Stratton, Debra
Subject: 2nd request: Fwd: Community Development Agency fails to enforce 2005-105 Condition of Approval 18 A.


Bcc: HVCC, Madrone Park Circle, SaveEvergreen, Hearus groups, Howard Garfield Esq.

Subject: Community Development Agency fails to enforce 2005-105 Condition of Approval 18 A.

Community Development Agency
Director Brian Crawford
cc: Supervisor S. Kinsey, Board of Supervisors

You are again respectfully requested to respond informing us what action you have taken to require Marin Horizon School to address violations of 2005-105 Condition of Approval 18 A noted below. And to require Marin Horizon School to roll back it illicit increase in enrollmeent to its previous USE PERMIT permitted maximum enrollment of 250.

-----Original Message-----
From: Charlessands
To: BCrawford
Cc: Tlai ; jtejirian ; sadams ; jarnold ; hbrown ; skinsey ; cmcglashan ; pfaulkner ; eberberian ; dstratton
Sent: Tue, Nov 2, 2010 10:56 am
Subject: Community Development Agency fails to enforce 2005-105 Condition of Approval 18 A.
Bcc: HVCC, Madrone Park Circle, SaveEvergreen and Hearus groups

Community Development Agency fails to enforce 2005-105 Condition of Approval 18 A.

Community Development Agency
Director Brian Crawford

cc: Supervisor S. Kinsey, Board of Supervisors and Planning Commission.

Review of Marin Horizon School - AM Peak Hour Monitoring Results reveals that Marin Horizon School is in violation of 2005-105 Condition of Approval 18 A as the maximum total number of permitted peak hour inbound and outbound morning trips does not include inbound and outbound Marin Horizon School vehicles parked in the neighborhood.

Monitoring Report review comments:

1) May 20, 2008 entitled “Marin Horizon School - AM Peak Hour Monitoring Results”. (Spring 2008). Current student enrollment 276. Inbound (175) and outbound (167) vehicle trips are not compliant.
a) Appendix A is not included.

2. October 30, 2008 entitled “Marin Horizon School - AM Peak Hour Monitoring Results”. (Fall 2008). Current student enrollment 282. Inbound (93) and outbound (87) vehicle trips are compliant.
a) Appendix A: Why is number of inbound trips outbound trips counted by Wiltec is 72 not 87 as reported by Dowling and Associated ?

3) March 22, 2010 Marin Horizon School - AM Peak Hour Monitoring Results”. (Spring 2009)
Current student enrollment 276. Inbound (109) and outbound (Undetermined/97) vehicle trips are not compliant.
a) Appendix A: Why is number of outbound trips counted by Wiltec is not in Appendix A as reported as reported by Dowling and Associated ?
b) Dowling and Associated statement “Since outbound vehicles are not counted directly a determination of compliance could not be made” is contradicted by Wiltec Appendix A count of 88.

4) April 27, 2009 Marin Horizon School - AM Peak Hour Monitoring Results”. (Fall 2009)
Current student enrollment 284. Inbound (103) and outbound (87) vehicle trips are compliant.
a) Why is page 2 dated April 27, 2008 ?
b) Why is Wiltec Appendix A limited area of observation count of Marin Horizon School inbound and outbound vehicles not included ?
c) Why are Marin Horizon School vehicles parked on Melrose and Evergreen not counted ?

5) June 7, 2010 entitled Marin Horizon School - AM Peak Hour Monitoring Results”. (Spring 2010.) Current student enrollment 284. Inbound (84) and outbound (73) vehicle trips are compliant.
a) Why is Wiltec Appendix A limited area of observation count of Marin Horizon School inbound and outbound vehicles not included ?
b) Why are Marin Horizon School vehicles parked on Melrose and Evergreen not counted ?

Review clearly indicates the Dowling and Associate monitoring reports deliberately did not count all inbound and outbound Marin Horizon School vehicles.

And Mrin Horizon Inc.'s Marin Horizon School has increased its enrollment in violation of 2005-105 Condition of Approval 18 A.

An independent traffic fall 2010 traffic survey indicates that +/- 36 % of all peak hour morning traffic outbound on Evergreen Ave. are Marin Horizon School vehicles. And 51% of all peak hour morning traffic outbound on Evergreen Ave. are Marin Horizon School vehicles. See Fig. 3 and 4 attached.

In the fall of 2003 south Homestead Valley property owners sent you and Supervisor Kinsey a petition of support for Marin Hoirizon Inc.'s Marin Horizon School' proposed expansion plan asking that Marin Horizon School be required to bus all students not living in Homestead Valley be bused to school.

Given that imposing Marin Hoirizon Inc.'s Marin Horizon School on Homestead Valley (a private educational business that does not primarily serve our community and 99.6% traffic generating students commute from outside of Homestead Valley per R. Hammar) is not consistent with Tamalpais Area Community Plan Goal # 7 "Limit commercial development or redevelopment to uses that primarily serve the Planning Area residents at a scale compatible with the semi-rural environment.

Please be advised that current commercially operated school buses are to wide for our narrow semi-rural streets and are not consistent with Dowling and Associates MHS Environmental Impact Study recommendation that vans be used.

We now respectfully demand that you enforce 2005-105 Condition of Approval 18 A and require Marin Horizon School to "van" all 1-8 students not living in Homestead Valley to school.

And to advise us of the action you will take to mitigate the significant negative impact Marin Horizon School's traffic has on our semi-rural communitty's local streets.


Charles D. Sands, Architect and Urban Designer

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