Date: December 29, 2009 6:48:41 PM PST
To: SPerl@co.marin.ca.us
Cc: CMcGlashan@co.marin.ca.us, HBrown@co.marin.ca.us, CMurray@co.marin.ca.us, SKinsey@co.marin.ca.us, SAdams@co.marin.ca.us, FMansourian@co.marin.ca.us, BBeaumont@co.marin.ca.us, BDavidson@co.marin.ca.us, MMoheb@co.marin.ca.us, NOsborne@co.marin.ca.us
Subject: Re: Ownership of N. Ferndale Ave and right of access
Mr. Perl,
Thank you for your response. Evidently I'm more conversant with Title 19 and 24 than a county employee and her supervisor that didn't require Marin Horizon School to conform to the same Title 24 sections they require Homestead Valley residents to conform to the very letter. As you have been already informed Marin Horixzon Scool was not required to conform to the same Title 24 parking requirements that Homestead Valley residents must conform to.
It appears you are more interested protecting county employees than you are in the equal protection of the rights of Homestead Valley residents.
As previously stated our titles indicate that we own to the center line of N. Ferndale Ave. in fee further discussion is futile until we see a county document indicating county ownership.
Our arguement with Ms. Moheb's merit comment is that we know the county can not refuse to allow acess to N. Ferndale Ave. but must conditions for approriately designed access.
We also concur that the county can and should place conditions of approval based on county ordinances to ensure approriate and safe construction and use.
We are also aware that the county can restrict vehicular use such as limiting use and weight of vehicles.
As Ms. Moheb is not a regiserted profssional engineer whi is the professional engineer that reviews and signs off on her reviews as is customary in private practice.
We do not concur that a reviwer's actions are approriate or proper that omitts to require Marin Horizon School to conform to the same Title 24 parking requirements that we are required to conform to.
As your job is to protect county employees I'm not surprised that you take the position you do.
However constantly revealing county employee's massive errors and omission in favor of Marin Horizon School and calling for the ting the county to nvestigate the conduct of its employees is a right not harrassement.
When the county takes the approriate action to rectify the injustice of imposing a middle school on a substandard elementary schoool site and make the improvements to widen Montford, Melrose and Evergreen Ave. required by Title 19 and 24 to handle the increase in ADT and parking caused by Marin Horizon School we will no longer be intersted in this issue.
Regards,
Charles
-----Original Message-----
From: Perl, Steven
To: charlessands@aol.com
Cc: McGlashan, Charles
Sent: Tue, Dec 29, 2009 4:33 pm
Subject: RE: Ownership of N. Ferndale Ave and right of access
Dear Mr. Sands,
Since you state that you are “fully conversant” with Titles 19 and 24 of the Marin County Code, which is available to the public on-line, I assume it will not be necessary for the County to provide copies to you in response to your Public Records Act request.
The documents the County will produce in response to your Public Records Act request establish that the County of Marin owns the fee title to N. Ferndale Ave., not merely a right of way easement. Whether its ownership interest is a fee or a right of way easement, the County may, and in fact must, in order to properly maintain the road, place restrictions on the use of the road. The proper maintenance of the County road, including such restrictions, is not governed by “design standards.” The fact that there exist no “design standards for prohibiting property owner from accessing an abutting county owned or privately owned street,” which you requested, does not mean that the County cannot place restrictions on the use of its road. Ms. Moheb’s actions have not been “arbitrary;” they have been proper and appropriate. She has an engineering degree as required for her position but, as is the case for many engineers in the both the public and private sector, is not licensed by the state. Please discontinue your harassment of Ms. Moheb and any other County employees.
Steven M. Perl
Deputy County Counsel
County of Marin
3501 Civic Center Dr., Suite 275
San Rafael, CA 94903
Tel: 415-499-6117
Fax: 415-499-3796
Email: sperl@co.marin.ca.us
From: charlessands@aol.com [mailto:charlessands@aol.com]
Sent: Sunday, December 27, 2009 11:55 AM
To: Perl, Steven
Cc: McGlashan, Charles; Brown, Hal; Murray, Catherine A; Kinsey, Steven; Adams, Susan; Mansourian, Farhad; Beaumont, Bob; Davidson, Berenice; Moheb, Mitra; Osborne, Neal
Subject: Ownership of N. Ferndale Ave and right of access
Dear Mr. Perl,
Thank you for your letter of 23 December 2009 re: our Public Document Request.
We'll be very interested to confirm who owns the easement on which North Ferndale is built as our titles indicate we own it in fee contrary to Ms. Moheb's opinion that it is County owned. Subcategories 1, 2 & 3.
We are surprised that there are no County records that confirm that Ms Moheb is a registered State of California professional civil engineer qualified to establish and enforce her engineering design conditions of approval upon property owners. Subcategory 4.
I am fully conversant with Title 19 and 24 and that Ms. Mohebs imposition of her personal opinion that the County can legally not "allow temporary access" by a property owner to North Ferndale is not supported by any known county ordinance. Subcategory 5 & first subcategory 6.
You are respectfully requested to inform Ms Moheb that she can not arbitrarily refuse to allow access to N. Ferndale.
As I am very conversant with county design requirements, I knew you would agree that the County does not have any known design standard prohiting property owners from accessing an abutting a county owned or privately owned street. Second subcategory 6.
You are respectfully requested to inform Ms Moheb that she can not arbitrarily refuse to allow access to N. Ferndale.
You are also respectfully requested to direct Ms. Momheb to correct her incorrect DPW Merit Comment # 3 which reads "Temporary Access on North Ferndale will not be allowed" See Notice of Project Status Re: Tsutsui Design Review (DR 10-29) Planner Neal Osborne
You are also requested to ask Ms. Moheb why she required Mr. Tsutui's project to conform to 24.04.335 (a) 24.04.340 (a) and 24.380 (a) but did not require Marin Horizon School to confrom to these same requirements. 24.04.335 (a) requires all Marin Horizon School related parking to be located on site.
Ms. Mohebs Tiltle 24 omissions deprived Homstead Valley residents of the protection of 11 Title 24 requirements and saved MHS the enormous finacial expense of complying with Title 24 requirements.
Ms Moheb's omissions extended special favors to Marin Horizon School not enjoyed by Homstead Valley residents.
A special Marin County competency and ethics investigation of Ms Moheb's design review and condition of approval expertise is called for to eliminate extending special privilges to any property owner or tenant in the future.
Regards,
Charles
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