Date: February 18, 2010 2:18:13 PM PST
To: BCrawford@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
Subject: Re: Errata: Staff deleted MHS EIS Traffic Plan Carpool requirement from Resolution 2005-105
Brian,
I don't advise relying on recall.
Suvervisor Kinsey's letter dated 16 August 2005 did not delete the staff (J. Tejerrian) to delete the carpooling requirement.
Per CEQA Kinsey can not delete mitigating negative impact actions without further evaluation. He can only add requirements.
The MHS E.I.S included carpooling, the MHS traffic management plan' car pool requirement, busing, and temporary parking for 51 cars on site during day and evening events as required negative impact mitigating actions.
If these mitigating actions are deleted then MHS traffic and parking have a negative impact and MHS' USE Permit and Design Review can not be approved.
"Staff" deleted "carpooling" and temporary on site temporary parking for 51 cars during day time events.
I have a copy of Kidneys "red line" carpool deletion that proves it.
If Kinsey was concerned about the well being of Homestead Valley his absence of positive action belies your opinion of him. It has taken us more than 5 years to get the County without Kinsey's assistance to get the County enforce CBC 1131.B.2. He was told of MHS' violation in May 2009. And MHS is yet to be "red tagged" Don't tell me about Kinsey's concern for us.
With the execeptiion of Christina Oldenberg and her cohorts nearly no one I know shares your opinion of Kinsey.
I will continue to address our emails to the Supervisors for the record if and when required to prove their abject concern for us here in Homestead Valley and consistent provision of special favors to Marin Horizon School.
As world wide known retired architect and urban designer I recognize special favors when I see them. In Marin Horizon School case its disgusting obvious. As an example Marin Horizon School is in violation of every Title 24 parking requirement which was not mentioned in its bogus Negative Declaration.
Check MHS EW.I.S page 13 ...Title 24 is not included. And Section 6 Transportation/Circulation pages 21 to 30.
And visit MHS during the a day time special event to see MHS vehicles usurping on-site parking spaces because "staff" arogantly deleted the mitagating requirement to provide 51 spaces on-site.
Charles
-----Original Message-----
From: Crawford, Brian
To: charlessands@aol.com
Sent: Thu, Feb 18, 2010 12:41 pm
Subject: RE: Errata: Staff deleted MHS EIS Traffic Plan Carpool requirement from Resolution 2005-105
Charles:
As I recall, the Board made a number of changes to the resolution at the
public hearing. I believe that the carpooling requirement was subsumed
by a more encompassing condition that requires a traffic management
plan. (See Condition 18 below.) In speaking with staff, it's my
understanding that the school is achieving the carpooling requirement
through their use of a bus to transport students to and from the school.
The school's performance in this area will, of course, be subject to
future review as part of the forthcoming traffic management plan
submittal.
In the future, please direct your questions to staff and not to
Supervisor Kinsey or other Board members. Although Steve has an acute
interest in Homestead Valley and this particular project, he and his
colleagues are not in a position to investigate and respond to
compliance issues.
Brian Crawford
Director
Marin County Community Development Agency
18. Before increasing daily student enrollment, the school shall submit
a revised traffic management plan for the review and approval of the
Director, which shall be implemented and enforced at all times by the
Marin Horizon School, in conformance with the existing traffic
management plan as modified by conditions of the Department of Public
Works and the following stipulations:
A. The school shall not have a total daily enrollment exceeding 300
students under any circumstances. The initial daily enrollment permitted
during the 2005/2006 school year shall be 265. Upon completion of
compliance with the required traffic management plan for a minimum of
one year, the School may increase its daily enrollment to a maximum of
300 students if it implements a traffic management plan that results in
no net increase in morning vehicle trips over the 2004-2005 school year
for the school's regular operations, as indicated in the table below of
baseline conditions.
Morning 8-9 AM
In: 119
Out: 88
Total: 207
Measures implemented by the school to achieve this objective shall be
included in the revised traffic management plan, and these measures
shall apply to traffic management in the afternoon as well as the
morning.
B. The traffic management plan must be implemented and compliance
monitoring must continue for a minimum of three years from the time
daily enrollment is increased, and until compliance is achieved for 3
consecutive years. At any time thereafter, if the school proposes a
substantial change in its traffic management plan or if the Community
Development Director deems that the School may not be in compliance, the
monitoring program shall be resumed for a period defined by the
Director.
C. If the school does not meet the defined compliance standard of no
net increase traffic generated during regular operations of the school
in the first year, as set forth in condition 18.A, the Director shall
not allow the daily enrollment to be increased above 265 students. This
shall be a ministerial determination based on the traffic exams for the
year.
D. If the school does not comply with the requirements of the
modified traffic management plan for two consecutive years, the issue
shall be placed on the agenda of the Board of Supervisors for a public
hearing and possible modification or revocation of this Use Permit,
pursuant to Marin County Code Section 22.120.030.
E. The traffic management plan, including the requirement that there
be no net increase in traffic generation, shall be monitored by an
independent professional three times per school year: September/October
and March/April and during a special event. No monitoring event shall
occur within two weeks of a holiday.
F. The traffic management plan shall be modified to include the
parking measures required by Department of Public Works staff, and
making arrangements for Special Event parking.
G. An independent traffic monitor, hired by the County and paid for
by Marin Horizon School, shall arrive at the school unannounced to
examine the school's compliance with the traffic management plan,
including performing physical counts of vehicles arriving at and
departing from the school, loading, and parking for school activities.
H. The traffic monitor shall conduct examinations during regular
school hours, as well as an additional examination of a large special
event. The traffic monitor shall submit written reports to the Community
Development Agency Director and the Department of Public Works Director
after each examination is conducted, which evaluate the school's
compliance with its traffic management plan. The school shall provide
the traffic monitor with an accurate and complete report of the numbers
of students and staff, including independent contractors, on site on
each date on which an examination was conducted, and these figures shall
be included in the traffic monitor's reports.
I. Traffic management plan compliance examinations shall be
conducted three times annually for a minimum of three years after the
daily student enrollment has been increased above 265 students. However,
if the school fails to comply with the traffic management plan, then
additional studies may be required, at the school's expense.
J. The school will submit adequate fees to the County to defray the
costs of the studies, including consulting costs and the standard 30
percent-of-contract administrative fee charged by the County for
managing consultants.
K. In the event the school fails two consecutive special event
traffic examinations, it shall lose the privilege of increasing its
permitted number of special events that are held during the day from 7
to 14 annually. The prior Use Permit's allowed 7 events per year shall
govern until such time as the school can conclusively demonstrate that
it is complying with the traffic management plan's provisions regarding
special events.
L. In the event that the school fails two consecutive traffic
examinations, or a total of five traffic examinations within the first
three years after the daily student enrollment has been increased above
265, the Use Permit for the project shall be brought before the Board of
Supervisors to consider a modification or revocation of this Use Permit,
pursuant to Marin County Code Section 22.120.030.
-----Original Message-----
From: charlessands@aol.com [mailto:charlessands@aol.com]
Sent: Tuesday, February 16, 2010 9:46 AM
To: Kinsey, Steven
Cc: Berberian, Ed; McGlashan, Charles; Brown, Hal; Murray, Catherine A;
Adams, Susan; Mansourian, Farhad; Crawford, Brian
Subject: Errata: Staff deleted MHS EIS Traffic Plan Carpool requirement
from Resolution 2005-105
Dear Supervisor Kinsey,
On 16 August 2006 you wrote a letter to the members of the Board of
Supervisors in "preparation for the upcoming Marin Horizon School
appeal hearing scheduled for Tuesday, August 16."
Someone at the County provided a copy of this letter to Christina
Oldenberg, Chairperson of the Homestead Valley Concerned Citizens
(HVCC) prior to Tuesday August 16. At her home on or about August 15,
2005, Ms. Oldenberg shared the contents of your above referenced letter
to the Board of Supervisors with me and other HVCC members.
On page 2 of your letter, to the then Board of Supervisor (BOS)
members, you state that you will move to "direct staff to return this
item incorporate for approval and placement on a future consent agenda
after incorporating the following additional or revised conditions"
You are respectfully requested to explain why BOS Resolution August 16,
2005 Condition of Approval # 43 requiring not less than 2 students per
carpool was entirely deleted in BOS approve resolution 2005-105 August
30, 2005. Your above referenced letter did not direct staff to delete
Condition of Approval # 43 carpool requirements.
Marin Horizon School's car pooling requirement to reduce MHS' traffic
impacts is described on page 21 and 22 of MHS' E.I.S Section 6
Transportation/Circulation.
Even with MHS' Traffic Plan MHS' generated traffic accounts
respectfully for nearly 28, 43 and 42 % of the traffic volume during
school hours on Montford, Melrose and Evergreen Avenue. A significant
negative impact that was not evaluated or mitigated in the MHS E.I.S.
Marin Horizon School's (MHS") Traffic Plan at page 68 of the Negative
Declaration to reduce the impact of MHS' traffic volume on the
community's streets approved by BOS Resolution 2005-104 states "A
carpool is defined as 2 or more families sharing driving".
Staff Report May 9, 2005 contains the same text as BOS Resolution
August 16, 2005 Condition of Approval # 43 requiring not less than 2
students per carpool
Who ever deleted the above MHS carpool and PC Staff Report May 9, 2005
requirements of 2 or more families per car did so in violation of the
California Environmental Quality Act (CEQA) and presumably without your
knowledge.
Shortly after August 16, 2005,Ms. Oldenberg provided me with a copy off
"staff's" MS revisions tracking copy showing staff's deletions and
additions to BOS Resolution August 16, 2005 to be incorporated in BOS
Resolution 2005-105. This copy shows that on paqe 32 staff deleted BOS
Resolution August 16, 2005 Condition of Approval # 43 carpool
requirements.
Staff's deletion of MHS' Traffic Plan carpool requirements effectively
increased MHS traffic by approximately 100% on Homestead Valley's
substandard street widths.
As staff deleted MHS' carpool requirement necessary to reduce MHS
generated traffic volume Montford, Melrose and Evergreen Avenues and
Laverne-Reed the County should make the following offsetting mitigating
street improvements actions to increase the traffic volume capacity of
these now sub-standard width streets,
A. Montford Ave.;
a) Widen Montford Ave. from Homestead Valley Community Center to the
County boundary with the City of Mill Valley to conform to the conform
to the County road standard ADT minimum width required to carry current
community and MHS' additional traffic which will also provide for MHS'
32 +/- on-street parking demand determined by MHS' E.I.S.;
b) Construct a left hand turning and stack up lane for MHS' vehicles
destined for MHS' non-conforming on-street passenger drop-off pick-up
zone;
c) Construct a turn around in the vicinity of the Homestead Valley
Community Center for arriving MHS parent, visitor and vendor parking;
d) Install "Left hand traffic must turn immediately";
d) Construct a formal accessible Montford Ave. gateway entry to MHS'
campus;
e) Repave Montford Ave. and construct a decomposed granite pathway on
along the south side of Montford Ave.
B. Melrose Ave::
a) Widen Melrose Ave. from Montford to Laverne Aves. to comply with
County road standard ADT minimum width;
b) Delete MHS' Traffic Plan requirement that MHS vehicles must exit via
Evergreen Ave. which concentrates MHS traffic on Evergreen;
b) Locate pedestrian cross walks at Montford Ave. and Volunteer Park;
c) Require MHS to provide an accessible passenger drop-off loading zone
in accordance with CBC 1131B.2 and federal ADA requirements and BOS
resolution 2005-105 Condition of Approval # 49.
d) Install "No-Parking except for residents" from Montford to Laverne
Aves.
e) Repave Melrose Ave. and construct a concrete curb and sidewalk on
the West side of Melrose and a decomposed granite pathway with bollards
5'-0" o.c. along the East side of Melrose Ave.
C. Evergreen Ave.:
a) Widen Evergreen as required to comply with County road standard ADT
minimum width.
b) Repave Evergreen Ave, and construct a decomposed granite on-street
parking zone and five feet (5) wide decomposed granite pathway on both
sides of Evergreen Ave. separated from traffic by decorative metal
bollards 5'-0" on center to prohibit parking on Evergreen Ave.'s
pathways.
D. Laverne-Reed:
a) Widen Laverne-Reed from Melrose Ave to Miller Ave. as required to
comply with County road standard ADT minimum width.
b) Repave Laverne-Reed and construct a five feet (5) wide decomposed
granite pathway on one side Laverne-Reed from Melrose Ave to Miller
Ave.
As the County is responsible for imposing a major traffic generating
commercial private educational facility in our community the County
should act to mitigate the traffic problem created by staff's deletion
of MHS carpooling requirement that benefits only MHS.
The favor of reply is respectfully requested.
Regards,
Charles D. Sands, Architect
BCC Madrone Park Circle Group and HVCC members
-----Original Message-----
From: charlessands@aol.com
To: skinsey@co.marin.ca.us
Cc: eberberian@co.marin.ca.us; cmcglashan@co.marin.ca.us;
hbrown@co.marin.ca.us; cmurray@co.marin.ca.us; sadams@co.marin.ca.us;
fmansourian@co.marin.ca.us; BCrawford@co.marin.ca.us
Sent: Mon, Feb 15, 2010 8:16 pm
Subject: Staff deleted MHS EIS Traffic Plan Carpool requirement from
Resolution 2005-105
Dear Supervisor Kinsey,
On 16 August 2006 you wrote a letter to the members of the Board of
Supervisors in "preparation for the upcoming Marin Horizon School
appeal hearing scheduled for Tuesday, August 16."
You provide a copy of this letter to Christina Oldenberg, Chairperson
of the Homestead Valley Concerned Citizens (HVCC) prior to Tuesday
August 16. At her home on or about September 15, 2005, Ms. Oldenberg
shared the contents of your above referenced letter to the Board of
Supervisors with myself and other HVCC members.
On page 2 of your letter to the then Board of Supervisor (BOS) members
you state that you will move to "direct staff to return this item
incorporate for approval and placement on a future consent agenda after
incorporating the following additional or revised conditions"
You are respectfully requested to explain why BOS Resolution August 16,
2005 Condition of Approval # 43 requiring not less than 2 students per
carpool was entirely deleted in BOS approve resolution 2005-105 August
30, 2005.
Marin Horizon School's (MHS")Traffic Plan at page 68 of the Negative
Declaration approved by BOS Resolution 2005-104 states "A carpool is
defined as 2 or more families sharing driving".
PC Staff Report May 9, 2005 contains the same text as BOS Resolution
August 16, 2005 Condition of Approval # 43 requiring not less than 2
students per carpool
Who ever deleted the above MHS carpool and PC Staff Report May 9, 2005
requirements of 2 or more families per car did so in violation of the
California Environmental Quality Act (CEQA) and presumably without your
knowledge.
Shortly after August 16, 2005,Ms. Oldenberg provided me with a copy off
"staff's" MS revisions tracking copy showing staff's deletions and
additions to BOS Resolution August 16, 2005 to be incorporated in BOS
Resolution 2005-105. This copy shows staff deleted BOS Resolution
August 16, 2005 Condition of Approval # 43 carpool requirements.
Staff's deletion of MHS' Traffic Plan carpool requirements effectively
increased MHS traffic by 100% on Homestead Valley's substandard street
widths.
As staff deleted MHS' carpool requirement necessary to reduce MHS
generated traffic volume Montford, Melrose and Evergreen Avenues and
Laverne-Reed the County should make the following offsetting mitigating
street improvements actions,
.A. Montford Ave.;
a) Widen Montford Ave. from Homestead Valley Community Center to the
County boundary with the City of Mill Valley to conform to the conform
to the County road standard ADT minimum width required to carry current
community and MHS' additional traffic which will also provide for MHS'
32 +/- on-street parking demand determined by MHS' E.I.S. ;
b) Paint lane median traffic striping lines;
b) Construct a left hand turning and stack up lane for MHS' vehicles
destined for MHS' non-conforming on-street passenger drop-off pick-up
zone;
c) Construct a turn around in the vicinity of the Homestead Valley
Community Center for arriving MHS parent, visitor and vendor parking;
d) Install "Left hand traffic must turn immediately";
d) Construct a formal accessible Montford Ave. gateway entry to MHS'
campus;
e) Repave Montford Ave. and construct a decomposed granite pathway on
along the south side of Montford Ave.
B. Melrose Ave::
a) Widen Melrose Ave. from Montford to Laverne Aves. to comply with
County road standard ADT minimum width;
b) Delete MHS' Traffic Plan requirement that MHS vehicles must exit via
Evergreen Ave. which concentrates MHS traffic on Evergreen;
b) Locate pedestrian cross walks at Montford Ave. and Volunteer Park;
c) Require MHS to provide an accessible passenger drop-off loading zone
in accordance with CBC 1131B.2 and federal ADA requirements and BOS
resolution 2005-105 Condition of Approval # 48.
d) Install "No-Parking except for residents" from Montford to Laverne
Aves.
e) Paint lane median traffic striping lines.
f) Repave Melrose Ave. and construct a concrete curb and sidewalk on
the West side of Melrose and a decomposed granite pathway with bollards
5'-0" o.c. along the East side of Melrose Ave.
C. Evergreen Ave.:
a) Widen Evergreen as required to comply with County road standard ADT
minimum width.
b) Paint lane median traffic striping lines.
c) Repave Evergreen Ave, and construct a decomposed granite on-street
parking zone and five feet (5) wide decomposed granite pathway on both
sides of Evergreen Ave. separated from traffic by decorative metal
bollards 5'0 on center to prohibit parking on Evergreen Ave.'s
pathways.
D. Laverne-Reed:
a) Widen Laverne-Reed from Melrose Ave to Miller Ave. as required to
comply with County road standard ADT minimum width.
b) Paint lane median traffic striping lines.
c) Repave Laverne-Reed and construct a five feet (5) wide decomposed
granite pathway on one side Laverne-Reed from Melrose Ave to Miller Ave.
As the County is responsible for imposing a major traffic generating
commercial private educational facility in our community the County
should act to mitigate the traffic problem created by staff's deletion
of MHS carpooling requirement that benefits only MHS.
The favor of reply is respectfully requested.
Regards,
Charles D. Sands, Architect.
BCC Madrone Park Circle Group and HVCC members
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