Monday, July 16, 2012

MHS' Special Favors 36, 37, 38, 39, and 40 of 58 Special Favors

From: Charles Sands <charlessands@aol.com>
Date: July 8, 2012 2:03:29 PM PDT
Subject: MHS' Special Favors 36, 37, 38,  39, and 40 of 58 Special Favors  


Bcc: 246 Homestead Valley neighbors
 
The following special favors #s 36, 37, 38. 39 and 40  of  fifty-eight (58) special favor examples (see Attachment A and source references) furnish examples of a few Marin County staff, with the presumed knowledge of their reviewing and approving supervisors, Directors and related and interested District #4 Supervisor, deliberately furnishing special favors and treatment in the form of deletion or omissions of any adverse fact or finding that may adversely impact review and approval of Marin Horizon School's Design Review and Use Permit application in order to ensure County Board of Supervisor approval of  resolution Marin Horizon School Design Review and Use Permit 2005-105.
                     
There are too many deletions and omissions of adverse findings and requirements in the following special favor examples to credibly believe them to be inadvertent.
 
36. DPW's Land Use, Water Resources and Traffic reviewers omitted to provide "merit comments" or furnish any Use Permit Conditions of Approval requiring MHS' expansion program and plans to conform to the above Title 24 mandated parking requirements described in above items 33-35. See CDA Notice of Project Status dated 9 December 2003 and MHS' Use Permit 2005-105.
 
37. DPW's Land Use, Water Resources and Traffic staff (s) responsible for preparing and reviewing MHS' E.I.S. failed to evaluate MHS' proposed expansion program and plans for conformance to Title 24 mandated on-site parking design standards Title Sections 24 24.04.370; 24.04.380; 24.04.390 and; 24.04.490 (b) . MHS' E.I.S. 6. Transportation and Circulation Parking for projected parking demand.
 
38. The above DPW's Land Use, Water Resources and Traffic staff (s) omission to asses MHS' expansion plan for compliance with the Title 24 parking ordinances described in the above items 33 to 38 are direct violations of California Environmental Quality Act requirements that MHS' plan be assessed for compliance with County ordinances and that all negative impacts shall be mitigated prior to the County issuing a Negative Declaration.
 
  a)  DPWs staff (s) inexplicable omissions to require MHS to furnish the mandatory Title 24 on-site parking and passenger loading zone requirements and conform to Title 24 parking design standards, which are physically feasible to construct in conformance with Title 24 requirements, are silent witness to DPW's staff (s) granting special Title 24 exceptions to MHS relieving MHS from conforming to Title 24 mandatory requirements that DPW's staff (s).
b) That DPW's Land Use, Water Resources and Traffic staff (s) regularly require MHS' Homestead Valley neighbors' proposed parking to conform strictly to the letter of every Title 24 requirements is silent witness that DPW staff (s) granted special privileges to MHs not enjoyed by Homestead Valley property owners of equal treatment and in granting deprived Homestead Valley property owners of the equal legal treatment and protection of the law (Title 24).
 
39.     DPW's Land Use, Water Resources and Traffic staff (s) omitted to develop and provide a
MHS' Use Permit Condition of approval requiring MHS' expansion program and plans to conform to all of the above (33 to 41) cited Title 24 mandatory parking requirements. 
 
a)   DPW's Land Use, Water Resources and Traffic reviewers regularly require Homestead Valley residents parking plans to conform strictly to the letter of every Title 24 requirements.
Land Use, Water Resources and Traffic
 
40. DPW's consultant Paul-Andre Schabracq omitted to retain MHS' traffic consultant
"Dowling Associates Inc. (DAI) to furnish an Environmental Initial Traffic and Parking Study of MHS' existing facility and proposed facility expansion plan impact on MHS' existing local neighborhood streets in conformance with CEQA requirements/
                                                                                                                                                    
a)      DPW's environmental consultant Paul-Andre Schabracq contracted  DAI to provide a peer review of various traffic studies conducted by (MHS') Robert L. Harrison Transportation Planning for the Marin Horizon School (MHS) which cannot furnish an unbiased and accurate  traffic and parking E.I.S  as the Harrison traffic studies did not establish baseline study criteria and data required to evaluate MHS' existing and proposed facilities impacts on local neighborhood street traffic, parking or pedestrian safety. E.I.S. baseline study criteria and data omitted include but are not limited to:
1. The existing and proposed daily average local and MHS school hour traffic volume on Montfort, Melrose and Evergreen Ave.s;
2. The existing Montfort, Melrose and Evergreen Ave.s travel lane capacity to carry MHS' and Homestead Valley's future traffic volumes;
3. The existing Montfort, Melrose and Evergreen Ave.s pedestrian and bicycle facilities on these semi-rural roads that do not have sidewalks.
 
The above Marin County staff actions avoided constraining Marin Horizon School in any physical or financial way by deleting or omitting any Environmental Initial Study finding, mitigating negative impact measure or  County requirement that required Marin Horizon School to conform to and comply with mandatory County Wide Plan. Tamalpais Area Community Plan, Title 19, Title 22, Title 24 including  Board of Supervisor resolution 2005-1005 Condition of Approval # 18, #47 and #50 and Marin Horizon's 2010 Traffic Management Plan.
 
The County's participants in the above examples of documented and source referenced deletions and omissions solely benefiting Marin Horizon School should be, but most likely will not be, censured, relieved from County office or County Employment for unethically granting special favors to Marin Horizon School.
 
Seems that Marin County has its own version of Bush era Fiends in High Places only in Marin County it's Marin Horizon School  aka Marin Halliburton School.
 
 
Charles D. Sands
Architect and Urban Designer
12 Madrone Park Circle
Mill Valley, CA 94941
Tel: 415 381 6804

Charles Sands
charlessands@aol.com

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