Response to Supervisor Kinsey's Letter

FYI  I don't believe the county can force anyone to pay for maintaing a sidewalk and  accepting liability responsibility for accident if the county builds it over a parcel owner's objections

-----Original Message-----
From: Charlessands <charlessands@aol.com>
To: skinsey <skinsey@co.marin.ca.us>; sadams <sadams@co.marin.ca.us>; jarnold <jarnold@co.marin.ca.us>; hbrown <hbrown@co.marin.ca.us>; skinsey <skinsey@co.marin.ca.us>; cmcglashan <cmcglashan@co.marin.ca.us>; BCrawford <BCrawford@co.marin.ca.us>; Tlai <Tlai@co.marin.ca.us>; jtejirian <jtejirian@co.marin.ca.us>; les <les@homesteadvalley.org>
Sent: Fri, Feb 25, 2011 8:13 am
Subject: Letter to Homestead Headlines Editor in response to Supervisor Kinsey letter

Bcc:  Madrone Park Circle, HVCC, SaveEvergreen, Hearus, Homestead Beat, Mill Valley Patch,


Letter to the Homestead Valley Editor

The following information was sent months ago to Supervisor Kinsey.  In his letter published in the March 2011 Homestead Headlines he  continues to studiously choose to support the Evergreen and Melrose Ave. requested by Marin Horizon School in its 2006 Application for Safe Routes To School (SR2S) to us $1,000,000 Federal tax funds supplemented by $200,000 of County ax payer funds for sidewalks that will primarily serve Marin Horizon School, a private commercial educational business.

In his letter published in March's Homestead Headlines Supervisor Kinsey proposes  using public CSA 14 tax payer funds to offset the future maintenance costs of these sidewalks, that are lawfully the responsibility of the parcel owner on which the sidewalks are located including Marin County which owns Marin Horizon School's site.

Supervisor Kinsey did not address the legal fact that by law each parcel property owner including Marin County is legally liable for any accident on that portion of sidewalk on each parcel.

I suspect that it is unlawful for the county to the maintenance and liability responsibilities of these sidewalks, that primarily serve Marin Horizon School, on a parcel owner against his/her free will and consent.

The following information provides a bit of historical background on how we got to this sidewalk issue and the massive errors and omissions committed by the county in 2003-2005 to ensure wrongly imposing Marin Horizon School on Homestead Valley and the totally false statements made in DPW's and Marin Horizon School's SR2S application.

The most egregious false statement being that the non-existent "Homewood Valley Traffic Calming Committee" supports their SR2S application..

Perhaps Supervisor Kinsey can provide an explanation to Homestead Valley residents why he supports everything that benefits Marin Horizon School over their nearly unanimous objection including not requiring MHS to comply with Title 24 parking codes requiring MHS on-site parking be provided for visitors, vendors, management and special events and that its Melrose Ave. passenger loading zone be located on site.

Marin Horizon School is a private commercial-educational  enterprise located in semi-rural Homestead Valley in violation of the Tamalpais Area Community Plan which requires MHS to primasrily serve the community. 99.6% of its students commutte from outside Homestead Valley per MHS' Headmistress.

On August 16, 2005, the Community Development Agency recommended that the Board of Supervisors impose this traffic generating business on Homestead Valley in total disregard for on Homestead Valley 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.

For your information the term “commercial” is a nationally recognized generic planning term for all uses  engaged in commercial exchanges of materials/services for payment/fees such as: commercial-retail; commercial-office; commercial-educational (private schools)  etc. which are traffic generators.

99.6 % of  Marin Horizon School students commute to Marin Horizon School by vehicle from outside  of Homestead Valley per R. Hammar, Headmistress.

As a result Marin Horizon School’s students, who commute to a Whole Foods secondary staging area on Miller Ave. in the City of Mill Valley outside of Homestead Valley. Marin County, want a new sidewalk constructed along this semi-rural county street for their comfort and convenience that has nearly no traffic and zero accidents.

A street  that since  the very early 1900s has had to accommodate only a few Homestead Valley school students on a extremely low trafficked street.

An independent traffic count reveals that in October 2010 Evergreen Ave.’s morning peak hour school traffic frequency is approximately 1.4 vehicles per minute and after noon peak hour school traffic frequency is 1.6 vehicles per minute. See Fig 1, 2, 3 and 4 attached.

This is more than double the pre Marin Horizon School morning  peak hour school traffic frequency of approximately .6 vehicles per minute and the pre Marin Horizon School afternoon morning  peak hour school traffic frequency of .8 vehicles per minute.

Conclusion: Marin Horizon School’s morning and afternoon morning peak hour school traffic has a significantly negative environmental impact on Evergreen Ave.’s pre Marin Horizon School morning peak hour school traffic frequency and should be mitigated in accordance with California Environmental Quality Act. (CEQA) requirements.

A significant negative impact that was conveniently not revealed to the Board of Supervisors and mitigated as required by the CEQA

Required Mitigating Action:  Marin Horizon School should be required to van all of its 1-8 grade students, who live outside of Homestead Valley, to and from school.

Requiring Marin Horizon School to mitigate its own traffic’s significantly negative impact is substantially more cost effective than expending $200, 000 of County taxpayer’s dollars and $900,000 of Safe Routes to School funds to construct an environmental destructive and unnecessary sidewalk simply to reduce the costs to a private school of its complying with its USE PERMIT.

THIS APPLICATION IS NOT ABOUT SAFE ROUTES TO A NEIGHBORHOOD SCHOOL TO AND FROM HOME IT’S SOLEY ABOUT REDUCING MARIN HORIZON SCHOOL MORNING COMMUTING VEHICLE TRIPS TO COMPLY WTH AND RETAIN ITS USE PERMIT.

THIS APPLICATION CONTAINS THE FOLLOWING INCOMPLETE AND 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 and has unimproved walkways on both sides of Evergreen Ave. which are partially used to park cars but could be required by DPW to not park cars in order to allow for a sidewalk complying with 24.04.450.
·  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 staging areas outside of 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 PERMIT does 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 student walkers  were counted walking along Evergreen Ave. as the walking distance is to their schools too great. . 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.
b)            This portion of the project is a knowingly fraudulent application to use SR2S funds to benefit a private enterprise, Marin Horizon School.
c)            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 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

For some unknown reason  the Marin County Department of Public Works did not and has not required Marin Horizon School to comply with Title 19 Sections 19.05.01 and 015 and Title 24.Section 24.04.015 (c) Street Improvements Required Abutting Building Sites. 

5. Proposed Solutions:

a) The applicants knowingly did not completely inform or misinformed the reviewer that:
·  The existing 2 lane paved travel way is code compliant varying from are 22’-O” to 26’-0”  wide.
·  Prior to Marin Horizon School being wrongly imposed on its Homestead Valley Elementary School site Evergreen Ave. was very lightly traveled by vehicles and pedestrians.
·  The existing unimproved right-of-way is 50”-0” (not “approximately 11’ wide).
·  Marin Horizon School ADA students living outside of Homestead Valley are provided an ADA compliant passenger loading zone at Marin Horizon School.
·  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.
a)       If the applicant had the County would have required the applicant to resolve all “safety issues” as a condition for approval in 2005.
·  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 Miller Ave.” where Marin Horizon School parking staging areas are located for students to walk to school in the mornings only. 

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
·  There is no such committee in Homestead Valley entitled “Homewood Valley Community Association Traffic Calming Committee”.
a)      Homestead Valley Association bylaws does not permit any advisory committee  to endorse any recommendation or action.
b)      Including endorsing “The Traffic Management Plan developed by the County and proposed improvements for traffic calming (narrowing of travel lanes and sidewalk improvements)” as falsely stated by the applicants.
d)  DPW applicant Craig Tackabery was asked if the County had developed a “Traffic Management Plan” for Marin Horizon School. On Nov. 17, 2010 he replied by email “chcked with our staff and the only traffic plans we are aware of are the ones by Harrison and Dowling, which you mention.”
·  A nine day independent traffic survey in October 2010 observed few if any adults walking with their children on Evergreen as stated by the applicants.
·  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 commercial educational 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:
·   As 99.6% of all Marin Horizon School contract students live outside of Homestead Valley and commute daily by vehicle use of SR2S funds will never have any the potential for encouraging walking and bicycling.
·  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 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 January 2009 application stated it is 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 (TACP) 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 TACP 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 TACP 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 TACP 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 TACP 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 lanes to less than 11’-0” per lane 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 driveways.
-    Potential removal of +/- 5 protected coast redwood trees.


Regards,

Charles D.  Sands, Architect and Urban Designer
12 Madrone Park Circle
Mill Valley, CA 94941
451 381 6804

DOES THE END JUSTIFY THE MEANS??...

You may comment directly to Mr. Sands after this post. Scroll down for comment box, and if you would like a response, sign your name!

From: Charlessands
Date: January 24, 2011 6:32:48 PM PST
To: madroneparkcircle@yahoogroups.com
Subject: DOES THE END JUSTIFY THE MEANS ?? and Fwd: Sidewalks, Stop Signs and the HVCA

FYI

Mari Tamburo's following email makes a lot of sense. As she points out she knows that Marin Horizon School individuals,, who don't live in Homestead Valley, are supporting construction of the sidewalk proposed by Marin Horizon School

Marin Horizon School’s means used to achieve its desired end (the sidewalk) is revealed in MHS’ ' false and 'misleading application for Safe Route to Schools (SR2S) and DPW funds.

Marin Horizon School's SR2S's application claims that its application is supported by a non-existent community traffic calming committee called "The Homewood Traffic Calming Committee".

It is well documented that the County in 2005 falsified, revised and manipulated all applicable ordinances in order to impose this non-conforming private traffic and parking generating commercial business on Homestead Valley.

This whole sordid, corrupt, unethical mess is a classic example of the immoral concept that the “End (Approving imposing MHS on us) Justifies The Means” (Falsifying, revising and manipulating all applicable ordinances to achieve the desired end).

Now we are being treated to the same immoral “The End (MHS’ sidewalk) Justifies The Means (MHS’ false and 'misleading application for Safe Route to Schools (SR2S) and DPW funds.

.During the past few Monday and Friday afternoons, between 3:00 and 4:00 PM, I’ve not seen any MHS students walking on Evergreen Ave. back to the Whole Foods parking lot.

IF EVERGREEN AVE. PROPERY OWNERS WOULD COUNT 3:00 TO 4:00 PM MHS EVERGREEN AVE AFTERNOON WALKERS AT LINDEN LANE THIS WOULD REVEAL THAT ARE NEARLY NO MHS AFTERNOON WALKERS AFTERNOON WALKERS.

ANY VOLUNTEERS WILLING TO PEFORM THIS SURVEY ??? IF SO CONTACT ME.

The reason for this phenomenon is that there is no county limit on how many MHS vehicles pick up students after school therefore MHS parents pick up their children at MHS so they don’t have to walk back down to Whole Foods’ parking lot where they were dropped off in the morning.


Chartes
,




-----Original Message-----
From: Mari Tamburo
To: HEAR US : Homestead Valley Community Forum
Sent: Mon, Jan 24, 2011 12:16 pm
Subject: Sidewalks, Stop Signs and the HVCA

by Mari Tamburo

It's been said before and I'll say it again. "Squeaky wheel gets the grease."
I appreciate ALL residents who are participating in this discussion because the powers that be "hear us" and, thankfully, they are listening.
As as a result of resident feedback DPW received an extension for the sidewalk project and they responded quickly to our request to survey the intersection at Evergreen and Melrose. If you haven't already, please be sure to take the Evergreen sidewalk survey at http://www.hvbeat.org and tell our neighbors, especially if they live on Evergreen, about it - and be sure to tell them to participate even if they are unsure - because any silence will very likely be interpreted as a "yes" by the County on this project. I know, because that is the way we interpreted the silence when we proposed implementing the 3 way Stop sign as per the SR2S 2006 proposal - and I know for a fact that I don't want to impose my personal will on anyone.

Please allow me to restate that the goals of the HEAR US discussion group, accompanying blog and the Homestead Valley Beat are to inform you, the residents of Homestead about what is happening in our community and to empower you to participate in the discussions of what is happening here. I'm hoping that these new communication tools, used respectfully and to full advantage, can perhaps help us to arrive at better place of understanding in our community about MHS' impact on our community and if possible, a win/win solution to this "sidewalk saga."

I've been receiving some comments off list and am getting a sense that the currently silent majority of Homestead Valley residents, people who are NOT currently active in the HVCA, are not involved simply because they have limited time and/or schedule conflicts - I certainly know that is MY case.

Thanks to this sidewalk project process fiasco, we now know that HVCA is involved in these matters of the concern to the community, but since I can't attend HVCA or Land Trust meetings, I choose to contribute these blogs for discussion and info sharing. If you can't attend meetings but would like your voice to be heard - they are here for you - again, all I ask is that you please respect your neighbors and don't abuse these tools.

Please understand that those of us who have been most vocal wouldn't be doing all this work if we didn't think it would make a difference. And, while I personally am willing to and have offered to help the HVCA with the Headlines, I have to say that, in my honest opinion, Homestead Valley residents will be better served with a communication and news source independent of the HVCA or any one particular resident's email list. THAT is why I founded The Beat.

I came to this conclusion after pondering these questions :

1) Is it fair or even reasonable to expect that a club, which is dependent upon both the County AND MHS for income to run the HVCC, will be objective on matters of interest to the community pertaining to MHS ?
2) Is it fair or even reasonable to assume that a club with such a small active membership is a TRUE representation of all of Homestead?
3) Is it fair to reasonable to expect Mr. Sands, Keith, Mr. Cook and/or anyone else to be the watchdog for entire community?

I'm sorry if these questions are upsetting the "status quo" in Homestead, but that is the way I see it. Face it folks, the cat is out of the bag and it is not going back in.

So, now what? Well, for starters, I ask that you start to think of HEAR US as our Homestead Valley Community Forum, and use it wisely.
While the HEAR US group was founded in late July 2010 to share information about the proposed Evergreen Avenue sidewalk - we are not an "anti" OR "pro sidewalk" group - at least not at this point. Most members of HEAR US are simply a group of caring citizens, bonded by a common goal of respectful communication and love for our Homestead community. I can't see why we can't work together to figure this out.

As a result, HEAR US blog : http://hv94941hearus.blogspot.com/ has been updated and is now the official "opinion" forum for the "Beat." Please visit it and take a look around - our neighborhood blogs - ( Sands Box, Keith's Corner and On the Beam - are now listed in their righful place on the HEAR US blog as HV's MVP's (Most Vocal People.) You may comment after ANY of these blog posts and sign your name or post anonymously. They will go directly to the blog authors.
I hope you will join me in thanking all our community activists, regardless of whether or not you agree with all their views or communication methods, for being so open to sharing their facts and opinions.
If you have a blog you would like to see added to the HEAR US HV's MVP's list - please comment after this posting and share the URL.
If you would like to see another blog added to the BEAT (we list the Patch and the Pac Sun and others - please let me know. )

Please allow me to state that, despite my difference of opinion with Mr. Wuthnow about the HVCA's "rubber stamp" of the Safe Routes proposal, I hold no ill will toward Mr. Wuthnow or anyone else at the HVCA in general - and truly appreciate all the work they, the various committees and the Land Trust do in and for our community.
And, while I don't hold the same disdain for MHS as some other residents in Homestead seem to (at least that is the way I feel right now - not sure how I'll feel after this sidewalk saga plays out) - I really don't think we should let them or anyone else push for this sidewalk - especially if most of us don't want it.
That said, I also don't think it wise to obliterate any opportunity to provide a dedicated walking path for residents who will benefit from it - as was the original intention and result of the folks who proposed a neighborhood path approximately six years ago.
So let's start anew - find out who wants or who doesn't want this sidewalk - the only sidewalk currently available from which to choose - and why or why not.
Please take the survey at http://www.hvbeat.org

I happen to know for a fact that may people who do not even live in Homestead are lobbying FOR this particular sidewalk.

Please remember that the Board of Supervisors and the DPW are in public service to work for the communities they serve - but in order to know how to do that, we have to tell them what we want or don't want. If people who don't live in Homestead are weighing in on this issue - we certainly should.

So speak up - there is strength in numbers - and WE all have the power to shape the "future of the valley" - or not.

--
Posted By hv94941 to HV94941 HEAR US at 1/24/2011 11:20:00 AM


Mari Tamburo

Fwd: Send the money back!

From: Charlessands 

Date: December 16, 2010 10:29:46 AM PST

To: 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: Fwd: Send the money back!

FYI

-----Original Message-----
From: Ferm Family
To: Charlessands <charlessands@aol.com>; sadams <sadams@co.marin.ca.us>; jarnold <jarnold@co.marin.ca.us>; hbrown <hbrown@co.marin.ca.us>; skinsey <skinsey@co.marin.ca.us>; cmcglashan <cmcglashan@co.marin.ca.us>
Sent: Thu, Dec 16, 2010 10:13 am
Subject: Re: Send the money back!

GREAT POINT!

(FYI - email refers to this letter : http://www.hvbeat.org/2010/12/letter-to-editor-send-money-back.html )

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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