Problems With Marin Horizon School's Sidewalk

From: Charles Sands <charlessands@aol.com>

Date: July 9, 2012 8:51:35 PM PDT

To: skinsey@marincounty.org

Cc: krice@co.marin.ca.us, ksears@co.marin.ca.us, sadams@co.marin.ca.us, jarnold@co.marin.ca.us

Subject: Fwd: Evergreen Update for 07/09/2012

FYI:

Whoever has the "new" problems with Marin Horizon School's sidewalk higher than the parcel's existing grade  as  designed by DPW has a case for obtaining judicial relief based upon demonstrably provable unprofessional design errors and omissions that can be shown to be wholly  responsible for the cause of demonstrable damages.

 

They should be able to recover costs to correct damages caused by DPW's unprofessional design errors and omissions.

 

DPW' primary unprofessional omission leading to design errors is omission that the design is not based on a topographic survey of existing conditions and that DPW's contractor's contract drawings require the contractor to establish the sidewalks finished elevations/height above the existing street without regard to the height of the new sidewalk above the existing elevations of adjacent front yards, sidewalks, driveways.

 

I recommend that negatively impacted property owners bring a "class  action" against DPW seeking relief from DPW damages caused by DPW's unprofessional errors and omissions.

 

The relief sought might be that the MHS' new raised concrete, curb, et al be demolished and replaced by an at grade ADA compliant 4'-0" wide pervious asphalt pathway lined wth flowering trees 20' on center and a continuous  pressure treated wood barrier similar to  Muir Woods wheel barrier or that the entire south side of Evergreen Ave. be returned to its original pre-MHS sidewalk condition.

 

Such a decision to be made among only impacted Evergreen Ave. property owners.

 

I further recommend asking for $5,000,0000 in punitive damages or $1,000.000 for each of the the residents on the impacted 5 blocks who were individually and collectively denied the right of public participation required by the Safe Routes To School funding program,  the right to equal protection of the California Environmental Quality Act's environmental review requirements and the right to equal protection of Marin County's Tamalpais Area Community Plan's primary goal to preserve and protect the semi-rural character and quality of Evergreen Ave. and its neighborhood.

 

Those interested in seeking relief should know that there are Homestead Valley and other benefactors who may furnish financial aid supporting economically defenseless property owners to equal protection. I can put thosev interested in contact with benefactors who may assist in ensuring the equal protection rights of economically defenseless negatively impacted Evergreen Ave. folks are maintained.

 

Best regards,

 

 

Charles Sands
charlessands@aol.com

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