DPW Director Mansourian is either totaly uninformed, has not read the SR2S application, is incompetent or is lying.

From: Charlessands <charlessands@aol.com>

Date: December 7, 2010 9:13:12 AM PST

To: fmansourian@co.marin.ca.us

Cc: 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

Subject: DP'W Director Mansourian is either totaly uniformed, has not read the SR2S application, is incompetent or is lying.

 Mill Valley Patch article quoted DPW Director Mansourian as saying "there was absolutely no false information in the grant application."

 

DPW'S APPLICATION CONTAINS THE FOLLOWING INCOMPLETE AND FALSE INFORMATION UNTRUE STATEMENTS BY THE APPLICANTS' CRAIG TACKBERRY AND ROSALIND HAMMAR. AS FOLLOWS:

 

1.                   Project description:

a) No comment

 

2.      Project Location:

 

a) The applicants knowingly did not inform the reviewer that:

·  Marin Horizon Inc.'s Marin Horizon School is a private educational commercial enterprise located in Homestead Valley in violation of Tamalpais Area Community 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. 99.6% of Marin Horizon School students do not live in Homestead Valley according to applicant Rosalind Hammar.

 

3. Demonstrated need:

 

a) The applicants knowingly did not completely inform the reviewer that:

·  Evergreen Ave. has 7"-0" parking lanes on both sides of its 22'-0' code compliant travel lane has unpaved walkways on both sides of Evergreen Ave. which are partially used to park cars but could be required by DPW to not park cars to allow for a pedestrian pathway.

·  On street parking is either on an improved right-of-way of asphalt or compacted gravel separated by an asphalt curb from a grassed and landscaped walkway for nearly the entire length of Evergreen Ave.

·  Marin Horizon School student walkers are not local neighborhood children walking to their local neighborhood school. Marin Horizon School directs its 1-8 grade students to walk in the morning from outside Homestead Valley, carpool or use its shuttle as a vehicle trip reduction strategy required to comply with its USE PERMIT'S limit on the minimum total number of morning Marin Horizon School related vehicle trips.

·  Marin Horizon School students do not walk to school from home and back. They are transported by vehicle to  a Whole Foods' secondary parking lot staging area from where they walk up  Evergreen Ave. to Marin Horizon School in the morning as directed by Marin Horizon School in accord with Marin Horizon School' traffic reduction Traffic Management Plan in order to limit Marin Horizon School's morning vehicles entering and leaving Homestead Valley.

a)                  1-5 grade students are not directed to walk back to the Whole Food's from Marin Horizon School in afternoon school because its USE PERMITdoes not limit afternoon Marin Horizon School related vehicle trips. These students are picked up by vehicles at Marin Horizon School.

b)                  No Mill Valley Middle School or Tamalpais High students were counted walking along Evergreen Ave. as the distance is too great. 4 Park School walkers going to and from school were counted by an independent trip survey in Oct. 2010. See Fig. 1 and 2.

 

4. Risks:

 

a) The applicants knowingly did not completely inform or misinformed the reviewer that:

·  Marin Horizon School students who walk as directed to Marin Horizon School have the option of being transported by vans as a Marin Horizon School vehicle trip reduction strategy.

·  Peak school hour vehicle frequency on Evergreen Ave., a semi-rural street, is low per Marin Horizon School's 2005 Environmental Impact Study. And independent October 2010 peak school hour vehicle count supports this statement. See Fig. 1 and 2.

·  On this semi-rural road vehicles drive in the center of the road giving a minimum of 6' feet clearance to a pedestrian or cyclist. When approaching a pedestrian or cyclists normally move to the far side to pass. If two vehicles pass they slow down to give maximum clearance to pedestrians before passing. Ref. 9 days in October 20110 observing Evergreen Ave. traffic movement.

·  Marin Horizon School student walkers, who walk with their back to approaching traffic, as stated by the applicants, violate the safe road walking practice of walking facing on-coming traffic.

·  The applicants knowingly misinformed the reviewer that two "close calls" occurred implying a risk to students walking on Evergreen Ave. in Homestead Valley. These two "close calls" occurred in the City of Mill Valley and not in Homestead Valley where the requested sidewalk is proposed to be located.

·  The DPW applicant knowingly did not inform the reviewer that:

a)           Marin Horizon Inc.'s Marin Horizon School is mandated by County ordinances to make street improvements along Marin Horizon School's street frontage on the west side of Melrose.

·  This portion of the project is a knowingly fraudulent application to use SRS funds. 

a)                 Marin Horizon School's new building and partial demolition and reconstruction of its original building on Melrose Ave. was required a have a building permit in 2005 and is mandated to provide and pay for ADA compliant street improvements fronting its building sites in accordance with Section 24.04015 (c) and Section 19.05.010 and California Building Code CBC 1127B.

·        19.05.010 Purpose: "Any person who constructs or causes to be constructed any building, dwelling or other structure for which a building permit is required shall be obligated to construct or have constructed or repaired street frontage improvements and driveways  as specified in Title 24 of this Marin County Code, along all street frontages abutting the building site upon which the building, structure or structure is to be  constructed, unless adequate street frontages improvement already exist and are in good condition

·  Marin Horizon School's on street passenger loading zone location does not comply with County Ordinance Title 24 Section 24.04.340 (p) which mandates that Marin Horizon School's on street passenger loading zone be located off-street/on–site.

·  Marin Horizon School's on street passenger loading zone is on a slope greater than 2% and is as such is not ADA compliant. CBC 11.31B.2. The County was made aware of this in 2009.

·  An ADA compliant sidewalk width greater than 4'-0" wide adjoining a 6" curb is not consistent with the Tamalpais Area Community Plan or Department of Public Works ordinance Title 24 requirements. See 9. Deliverability below.

 

For some unknown reason  Supervisor Kinsey and the Marin County Department of Public Works did not and has not required Marin Horizon School to comply with Title 19 Sections 19.05.and 015, Title 24 Section 24.04.340 (p) or CBC 11.31B.2 which requires the on-street passenger loading area to have a maximum slope of 2%.

 

5. Proposed Solutions:

 

a) The applicants knowingly did not completely inform or misinformed the reviewer that:

·  The applicants propose to reduce the Caltrans minimum travel lane width of 11'-0" there by endangering cyclists.

·  The existing right-of-way is 50"-0" and the existing paved travel way are 22'-O" wide not 11'-0" wide.

·  Marin Horizon School's sponsored 2005 Environmental Impact Study used by the County to justify approval of Marin Horizon School's new school and Use Permit did not cite any of the "safety problems" described by applicant. If the applicant had the County would have required the applicant to pay for resolve all "safety issues" as a condition for approval.

·  The true reason for Marin Horizon School applying for SR2S funds is as stated in the application. "It is anticipated that carpools dropping off students in front of MHS will reduce in numbers because there will be more students walking up from

 

6. Degree of collaboration/partnerships:

 

a)                 The applicants knowingly did not completely inform the reviewer and knowingly intends to fraudulent use SR2S funds  as follows:

·  Marin Horizon School directs its students to walk, car pool or use a shuttle bus to school in the morning only in order to comply with its Use Permit to comply with the maximum permitted number of Marin Horizon School related vehicle trips.

·  The County's Use Permit does not require Marin Horizon School students to  walk to school See Board of Supervisors resolution 2005-105 dated  30 August 2005/

·  Marin Horizon Schools "Walkabout" list of participants does not include Homestead Valley or Evergreen Ave. property owners or parents of Park, Mill Valley Middle Valley and Tamalpais High Students.

·  Before 14 July 2010, not one Evergreen Ave. or Homestead Valley property owner, except perhaps the unknown members of the "Homewood Valley Traffic Calming Committee",  was aware of Marin Horizon School's proposal to use SR2S and County funds to construct a sidewalk on Evergreen Ave., use SR2S funds to make Melrose Ave. street frontage improvements for  Marin Horizon School that it alone is obligated to pay for or to narrow the travel lanes below Caltrans minimum widths with out any traffic or safety studies.

·  The Marin Horizon Traffic Management Plan was prepared by Marin Horizons School and its traffic consultant R. Harrison and appended to the Marin Horizon School's sponsored environmental Impact Study approved by the Board of Supervisors on 30 July 2005. See Resolutions 2005-104 and 2010-10. It was not provided by DPW as stated. Criag Tackabery has recently stated he and his staff have no have no lnowlege of any other Traffic Management Plan other than provided by MHS traffic consultants.

·  There is no such committee in Homestead Valley entitled "Homewood Valley Community Association Traffic Calming Committee".

·   Homestead Valley Association bylaws does not permit any advisory committee  to endorse any recommendation or action including endorsing Marin Horizon School's Traffic Management Plan, which was not "developed by the County"  as falsely stated by applicants, or "proposed improvements for traffic calming (narrowing of travel lanes and sidewalk improvements).

·  A nine day independent traffic survey in October 2010 observed few if any adults walking with their children on Evergreen as stated.

·  Marin Horizon School has failed to comply with nearly every County required Marin Traffic Management Plan compliance examination since 2005.  See Community Development Agency fails to enforce 2005-105 Conditions of Approval 18A.

·  Use of SR2S and County funds to aid Marin Horizon School,  a private enterprise, to reduce the number of students being carpooled by parents and stay within the traffic volumes established by  2005-105 Conditions of Approval 18A is fraudulent.

 

7. Potential for encouraging walking and bicycling:

 

a)                 The applicants knowingly did not completely inform the reviewer that nearly no Marin Horizon School students walk back on Evergreen Ave. after school. This is because the County did not limit the total number of Marin Horizon School after school vehicle  trips. See Fig. 1 and 2.

 

 

 

 

8. Support from other Agencies:

a)     The applicants knowingly did not completely inform the reviewer that:

·  Homestead Valley Community Association (HVCC) bylaws do not permit it to support or to take a position on any community matter much less endorse narrowing of travel lanes or constructing sidewalks.

·  Marin Horizon School pays a substantial sum in annual rent to Mill Valley School District which means that the Mill Valley School District has a financial conflict of interest in Marin Horizon School having a sidewalk in order to reduce commuting vehicles in order to comply with its Use Permit. The Mill Valley School District's recommendation letter is self serving and is a conflict of interests and its Park and Middle School are to far from Homestead Valley for children to walk to and from home.

·  The Mill Valley Police Department (MVPD) has no jurisdiction over any matter in Homestead Valley, Marin County and its recommendations are not relevant.

·  The Mill Valley City Council has no jurisdiction over any matter in Homestead Valley, Marin County and its recommendations are not relevant.

 

9. Deliverability:

a)                 The applicants knowingly made the following incomplete and false statements :

·  On 5 November 2010 the Marin County Director of Public Works stated at an Evergreen Ave, Sidewalk public meeting that its design was 10% complete. The applicants stated it was 60%.

·  An Environmental Impact Study is warranted by the California Environmental Quality Act given that the project is not consistent with the following Tamalpais Area Community Plan goal, policies and objectives.

-    Tamalpais Area Community Plan Goal # 1: Maintain the semi-rural character of the community as defined by its small town residential and commercial setting and the quality of the natural environment. A 4'-0" wide sidewalk is consistent with Goal # 1. A wider sidewalk is not.

-    Road Way Design Character:  Objective T-6: To retain the character of the Planning Area by assuring future roadway construction and improvements will have a low impact on the residential environment. A 4'-0" wide sidewalk is consistent with Goal # 1. A wider sidewalk is not.

-    Policy T-6.1:  All roadway improvements must be designed to preserve and enhance the semi-rural character of the Planning Area. A 4'-0" wide sidewalk is consistent with Goal # 1. A wider sidewalk is not.

-     Policy T-6.2: All new roadway improvements must be designed to have a minimal impact on the values of the natural environment. A 4'-0" wide sidewalk is consistent with Goal # 1. A wider sidewalk is not

-    Title 24 Section 24:04:460: Sidewalks within village areas: Unpaved pedestrian walks at least four feet in width shall be required elsewhere. (residential areas).

-    Narrowing Evergreen Ave.'s travel lane to less than 11'-0" is not consistent with Caltrans minimum travel lane width.

-    Potential loss of approximately 6 residential visitor on-street parking spaces. May be mitigated by designating on-street parking spaces on the north side of Evergreen Ave. adjoining Volunteer Park as Resident Parking Only.

-    Regrading of 27 private vehicle property driveway.

-    Potential removal of +/- 5 protected coast redwood trees.

-----Original Message-----
From: Mari Tamburo <drive@avehicleforchange.org>
To: Charlessands <charlessands@aol.com>
Sent: Thu, Nov 25, 2010 11:07 am
Subject: Re: Patch Updates: "Evergreen Avenue Uproar Trims a Foot from Sidewalk Project"

Happy Thanksgiving, Charles. 

Please click the link below and make a comment - Sean will get it then. No use telling me he is wrong - I know he's wrong.

Evergreen Avenue Uproar Trims a Foot from Sidewalk Project

On Nov 25, 2010, at 2:50 AM, Charlessands wrote:

Sean who ever he is is uniformed the Tamalais Area Community Plan applies to all proposed work inneighborhoods.. if the County has required Marin Haliburton to comply with it MHS would not be in Homesteasd Valley.

-----Original Message-----
From: Mari Tamburo <drive@avehicleforchange.org>
To: HEAR US <hearus@googlegroups.com>; Keith Garriott <saveevergreenave@gmail.com>; Charlessands Sands <charlessands@aol.com>
Sent: Fri, Nov 12, 2010 5:16 pm
Subject: Fwd: Patch Updates: "Evergreen Avenue Uproar Trims a Foot from Sidewalk Project"

Please read this story on the Patch and add a comment - thanks. 

Subject: Patch Updates: "Evergreen Avenue Uproar Trims a Foot from Sidewalk Project"

Sean commented on the article Evergreen Avenue Uproar Trims a Foot from Sidewalk Project "I felt the meeting was a success on several levels and glad that the County took the extra step and presented their concept - again. Being a Homestead Valley resident I am in favor of the addition of the sidewalk, frankly it is hard to understand why this is even being debated when there are communities in Marin that would love this opportunity. It really is too bad that individual such as Mari (first two comments) are out to sabotage the process with ill advised claims, such as the Tamalpais Design Plan. This documment refers to new developments in the Tamalpais area - not a sidewalk installation in an established neighborhood. Furthermore, this document illustrates Evergreen Avenue to be classified as a Single Family neighborhood-not semi-rural or rural (which discourages sidewalks in these two zones). I believe this is exhibit 18. Every community has those that like to stir-the-pot, but I left the meeting feeling that the majority spoke and that majority said they agree with what the County is proposing." View the updated article and reply to the comment.

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