Monday, July 16, 2012

Special Favors #4. #5 and # 6

From: Charles Sands <charlessands@aol.com>
Date: July 3, 2012 4:19:07 PM PDT
Subject: Special Favors #4. #5 and # 6

The following #4 , # 5 and # 6 of  fifty-eight 58 examples describe in detail at attachment A, backed up by 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 to credibly believe them to be inadvertent.
 
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.
  
#4   In nonconformance to the California Environmental Quality Act (CEQA0) and in violation of the Brown Act, MHS' mid-afternoon and late trips shown in MHS' Use Permit 2005-105 Condition of Approval 18 dated 30 August 2005, see Table A below, were deleted from MHS' Use Permit 2005-105 Condition of Approval 18 dated 30 August 2005.   See Red Line changes to BOS Resolution August 16, 2005 Exhibit A.
Table A.
Permitted Maximum MHS Vehicle Trips
BOS Resolution 2005-105 August 16, 2005
MORNING 8-9 AM
MID-AFTERNOON 2:30-3:30 PM
LATE AFTERNOON 4-6 PM
IN:            119
53
24
OUT:          88
55
43
TOTAL:   207
108
67
Table B
Permitted Maximum MHS Vehicle Trips
BOS Resolution 2005-105 August 30, 2005
MORNING 8-9 AM
 
 
IN:            119
 
 
OUT:          88
 
 
TOTAL:   207
 
 
 
a)      The above deletions of  mid-afternoon and late afternoon trip monitoring criteria  is  silent witness to the County's intent to ensure that MHS is not constrained by MHS' E.I.S' recommended mitigating measures required to mitigate MHS' E.I.S'  vehicle trips significant negative impact on neighborhood traffic.
 
 
b)      As a result of the above deletion of MHS' mid-afternoon and late afternoon maximum allowed vehicle trips MHS' vehicle trips are not monitored at mid-afternoon and late afternoon pick-up times. As a result of these deletions MHS parents pick-up their children who walk to MHS in the morning at MHS so they don't have to walk back to Whole Foods' parking lot after school effectively increasing MHS negative traffic impact on Evergreen Ave.'s local traffic.
a.        
 
#5     In violation of MHS' Use Permit 2005-105 Condition of Approval 50, shortly after MHS' Use Permit 2005-105 was approved, in 2006 MHS' covered approximately 50% of the 51 temporary parking on the black top.
 
a)      ' MHS' Use Permit 2005-105 Condition of Approval 50 requires that "Temporary parking shall be provided on the playground during after normal school hour events (Special Events) per the approved special events parking layout. If parking requirements are expected to exceed the parking capacity, Marin Horizon School shall arrange for, and coordinate parking off-site with contracted transportation to the school.
 
b)       In 2010 the writer by email advised CDA principal planner J. Tejirian , his superiors and Supervisor Kinsey that in violation of MHS' Use Permit 2005-105 Condition of Approval 50, MHS' had covered approximately 50% of the 51 temporary parking spaces on the black top with Astro Turf.
 
c)      By covering 50% of the blacktop/playground with Astor turf MHS cannot comply with its Use Permit 2005-105 requirement to provide approximately 52 parking spaces on the playground during after normal school hour events (Special Events) per the approved special events parking layout.
 
d)     MHS' March 2010 Revised Traffic Management Plan "Strategy H-C-1 – Provide temporary parking on the school's playground blacktop."  
 
e)      Strategy H-C-1 states "The school's blacktop will be opened up to provide 50 regular parking spaces and 2 wheelchair accessible parking spaces.
 
f)       By clandestinely covering 50% of the parking spaces required by MHS' March 2010 Revised Traffic Management Plan "Strategy H-C-1 and shown on Fig, 3 – Major Special Event Parking Plan MHS is in violation of its Use Permit.
 
g)      In 2010 CDA principal planner J. Tejirian advised the writer by email that MHS could require MHS' special event cars to park on the Astro Turf  covered black top playground in conformance with MHS' Use Permit 2005-105 Condition of Approval 50
 
h)      As of MHS school year 2011-2012 2012 MHS' special event attendees still do not park on the Astro Turf and MHS is in violation of MHS' Use Permit 2005-105 Condition of Approval 50. See attached photograph.
 
#6 .      The DPW's Land Use, Water Resources and Traffic staff who wrote MHS' Use Permit 2005-105 Condition of Approval 50 omitted to require that MHS provide special event parking for a 100% increase in school day special events from 7 per year to 14 per year.
 
a)      DPW staff omitted to require 51 school day special event parking on the playground that MHS' E.I.S. page 28 Special Events paragraph 1 stated MHS would provide to meet the normal day time peak parking demand. MHS' E.I.S. page 28 Special Events paragraph 1
 
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 Horizon School has its own version of Bush era Fiends in High Places only in Marin 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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