.ViEW FROM THE START OF THE PROPERTY AT 13245 HUBBARD ST SYLMAR FACING ELDRIDGE AVE.

Dale: _/:LJA2~:_.j· /',.#-/---Submitted in plAtrrl Commillas

Council File No: /J_,I7hJ2 I Item No.: ______ .!.J-:------

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This is the ONLY pedestrian walkway serving Hubbard Elementary School. IT TOOK YEARS to have it approved; it serves a student population of 1 ,000. Responsible and realistic planning justifies another when APPROVING land use for the Charter School less than 2 blocks away!

Here is a report from the LA Times in 1994: Capping more than five years of effort by parents,

elected officials and school administrators, the city of los Angeles installed a traffic signal at Fenton Avenue and Hubbard Street in Sylmar .... Parents and school officials have complained about traffic along busy 1-\ubbard Street at least since 1989, according to Tom Swire, a senior transportation engineer with the city Department of Transportation. last year, he said, a child crossing the street to school was struck by a ca

n seriou I injure n t ntersec · .·. n ~/)')....__....., 1 .

4

II 1

Entering Hubbard St traffic- RISKY!

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fHE TRAF!C CONGESTION BEFORE THE 210 FREEWAY lt'JJ fRONT Of RICHARD ALARCON$ OFFICE

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NUTRITION//PHYSICAL EDUCATION

Sylmar ElementaryPubUc. Grades: KG-5 O:;tr;cl: Lo~.A!'!l~!e:!fJJG!fieQ

13291 Ph•l!lppiA~e -~i·lmar. CA \l1342-2a10 l•lli'.ID Total Students 12006 . ~009): 838 f'ulltime teacners: •113.0 3tudenlfTea~I'!Eir Ratio: 17.8

Eligible for discounted/free lunch: 810(91 %)

• Charter choices: good food, free food, no food Some campuses say they lack the means to provide nutritious meals- or any meals

Students must either bring their own lunches or place orders with parent volunteers who make a daily run to Taco Bell, Burger King oc ~.

In Sylmar at the Elementary School 91% of Students Qualify for NSLP y~ (/

l.,j

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JDDDDOOOO DODO OD OOODODOOOOO 000000 0000000 ODD 0000 000 0 000 OOODDODDDO. 000 DO 00000 00000000 000 00000 00 0 OODO 0000·0 DODO 000 00000 00000000.

JDODDDOO DO ODOD 00000000000 DO ODD DODO OOOD 9oo DDOODDDD ODDODODO DODDOOD ODOOOOO DO UOOOOOOODO. DODODO OODOODOOOOO 00000000 0000 0000 000000 00000 ODDDOOOOD ODOODDDOODO ODD JOODDDD. DDDDDDDO ODD DODD DOODDODODDD DDDDODDDD 00000 0000·0 000 00000. DODD ODDDDDO OODDOO OOOODDDOO 000000 000 00 00000 00 00 000. 0000 00 ODOO 00000 DODO DOOO 000 000000000 00000 00 0000 DO ODD OOOOH•!MlllllllliD!l100!lll!lflll9 ODD 000 00000 000.

0000000 0000000 000 00000 000000 000000: 0000 0000000 0000000-0000, 00000000 00 ooooooooo oooooono noo ooo oooon oooooonooo no ooooooono. -on non ooono noon. ooooo on o ODD 00 000000 DO 0000000000. 000 00 DODO 00000000 000 000 000000 0000 00000 00 0000.· ... ~OODDOOO OOOOOOOD - 0000 DODD OOOOOOOODOD 000000 OOODOOO - 000 000 0 0000 0000000 DODO JOO 0.0. 0000000000 DO 00000000000 00 DODD ODDODDD OOOOD DO 00000 DOODOODO. DODO DOD 000000 oooo o ooooo ooononooooo no ooooo on oonoo non nnonooDonDDDD ODoonooo Doonooooon DODD o ODD DO ODDOOODOOO 00000000 ... DDDDDDDDD DO DODD ODODODO DDOOOOOO OOODDDOO DOD 00000000 iJUOOO 00000000 ODD 000000000 000 0000000 00 ODD 000 ODDOO DODD 0000 DO 0000000 DO 0000.-

Full Studies recently conducted regarding Charter Schoolother lunch service and their ability to provide free or low cost meals under the National School Lunch Program ( NSLP )REPORT that needy students are NOT assured of receiving any subsidized meal

As an Academic Performance Indicator: NUTRITION leads "class size" as a MORE important cornerstone for education, success

Alliance Charter School claims that it meets the needs of hispanic low income students: THERE IS NO cafteria, nutrition plan or NSLP commitments from this Charter School and 91% of students, according to studies, QUALIFY for NSLP in this area!

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74

Planning Commission Abdicated their Responsibility

The Land Use Ptanni119 Commission is the organization that is responsible for aligning infrastructure with ~srowth and development proposals According to CatTrans, in a publication called ·How Decisions are r.lade'' it is this Commission that knows about new projects, shopping centers and land use projects that affect local transportation systems and [l]he onset of urban sprawl, unmitigated growth, and traffic congestion are a dire<! result of poor land useitransportalion planning" "'''",;, 25).

The responsibility belongs to this Commission along with the decision making authority to approve or deny projects ..• and with the Sylmar property owners and residents on lppeal once the Commission has abdicated their role.

As but ONE example, the los Angeles City Planning Commission abdicated their responsibility for taking into wnsideration their approval of a the Sakaida & Sons Surface Mining Project where the Las Angeles Department of Regional Planning has written, and ! quote: "[t}he only access to the site is from Hubbard Street via Interstate 210 Freeway to Gavina Avenue (east) and then north along Pacoima Canyon Road" (Exhibit 26 ·Notice of Preparation. Apri19. 2007. Sakaida & Sons Surface Mine Proiect. page 1). Double trailer gravel trucks w1U transit Hubbard during weekdays to get from the mine location from the 210 and back to the 210 and Charter School students will be required to CROSS Hubbard Street on foot in the midst of that traffic as well. !'lppellaots also argue that a pedestrian safety corrid<mcross walk is iiECESSP.RY!!

We are aggrieved!

THE LOS ANGLES CITY PLANNING COMMISSION IS RESPONSIBLE FOR CONSIDERING CURRENT PLANNING PROJECTS IN RELATION TO THOSE THAT ARE KNOWN TO BE PENDING AND WE ARE AGGRIEVED BECAUSE THEY ABDICATEDTHEIR ROLES AND RESPONSIBILITIES

The Land Use Planning Commission is the organization that is responsible for aligning infrastructure with growth and development proposals According to CaiTrans,"How Decisions are Made" it is this Commission that knows about new projects, shopping centers and land use projects that affect local transportation systems: "[t]he onset of urban sprawl, unmitigated growth, and traffic congestion are a direct result of poor land use/transportation planning" (Exhibit 25).

The responsibility belongs to this Commission along with the decision making authority to approve or deny projects ... and with the Sylmar property owners and residents on appeal once the Commission has abdicated their role.

63

As but ONE example, the Los Angeles City Planning Commission abdicated their responsibility for taking into consideration their approval of a the Sakaida & Sons Surface Mining Project where the los Angeles Department of Regional Planning has written, and I g_uote: "[t]he only access to the site is from Hubbard Street via Interstate 210 Freeway to Gavina Avenue (east) and then north along Pacoima Canyon Road" (Exhibit 26- Notice of Preparation, April9, 2007, Sakaida & Sons Surface Mine Project, page 1 ). Double trailer gravel trucks will transit Hubbard

. during weekdays to get from the mine location from the 210 and back to the 210 and Charter School students will be required to CROSS Hubbard Street on foot in the midst of that traffic as well.

Appellants also argue that a pedestrian safety corridor/cross walk is NECESSARY!!

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Verification of Los Angeles City and Planning Commission 'awarenes" circa 2007

NOTE IN the CITY and STATE of CALIFORNIA documents Hubbard Street via the 210 along residential streets where SCHOOLS already exist along with Mission College is the ONLY ROUTE for the TRUCKS .. See the Arrows on this LA City Document!

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Real traffic interaction ON Hubbard Street PRIOR to Mining beginning.

66

Arnold Schwarzenegger, Governor STATECLEARINGHOUSE

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• Verification - State of California • Governor's 2007 Recognition of the upcoming

Mining operation in Sylmar • Confirms, AGAIN, the only hauling ingress

egress access is Hubbard Street via 210- that's double tractor trailers on more than one run EACH on weekdays.

• Project duration ONCE established - Seven Years - Minimum .

• HOURS of Operation 7am- 5pm WEEKDAYS only!

That's heavy hauling on the foot print of unimproved pedestrian walkway areas serving Hubbard Elementary, the Charter School as approved, and IMPACTING all community traffic, safety concerns expressed by opponents to Land Use approval of a Charter School at Hubbard & Eldridge.

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68

.LOOKING TOWARDS ElDRIDGE AVE FROM 2 HOUSES DOWN FROM 13245 HUBBARD ST AFTER 7:30A.M

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AT HUBBRO STAND ELDRIDGE AVE AROUND 7:20AM. DRIVING TOWARDS THE 210 FREEWAY

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,.

ATKJSMIT AND HUBBARD IN MORNING TRAFFIC

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CITY LIABILITY -LACK OF SIDEWALKS CAN BE A IMPLICATION OF LIABILITY FOR A CITY

,,., ..... Tt ........

We bring this ro::c::ent case Involving the City of Fontana to your attention hecause of the fmplh::atlomll It has on the HabU!ty of a CitY for the Jntk of sldewalk!J. Knowlnq the raets or the ea~~e and the evldern::e presented ag111nst Fontana ilt tTial may help you to mlnlml:e any such potential !lability for your City. Karen Medina w;ts walking along Cyprnsa Avenue In Fontana, which does not have siOOwalkS, wnen an unlicensed 15•year·old driving over 50 mtles pet hour, In a car his pi'lrents had lent him, lost control as he paa.sed MIOther car, hit a tt~, and struck and killed her. Her parents ,;ued Fontan;s and the driver's parents. Outing the trial, the. attornE:yS for the girl's parentiJ argued that Fontana failed to ilct on reports th<~t the tack of sidewalks created a h11t<trd because of the heavy volume of vehlde and pedestrian traffic beforo;~ and after s<::hool. He said that the girl was leSJs than a mile away from school in a residential nelqhborhood when Ghe was struck. lie told jurors that the City Council had received milny complaints about the danqerow conditions alonq CypreSI Avenue. During tho ttlilll, a videot:~pe front a 1999 City Council meeting was played of a City Co1.mOI member raising concertls about student ,;af0ty In another SChool area without sldewalk9o According to fot~tana's trial attorney, the main thing that hurt thG City was its application for Safe Routes to SChools lSR2S) fundlnq for sidewalk construction In the arel'l where the acddet~t occurred.

" (The LA City Council's) duty to discharge its powers responsibly Is especially weighty when... A

picture Is wQrth a thousand words ... ~ Lacy v. City of LA. 2004 CaL App. LEXIS 2258

In Medina v. City of Fontana, ,2004, the Jury awarded the family of the student $37.5 million in damages: $28 million of which was deemed the responsibililty of the City of Fontana for failure to have in place safe routes to school!

During trilal the gir's parents argued that the City failed to act on reports that a lack of sidewalks created a hazard because of the heavy volume of vehicle and pedestrian traffic before and after schooL The girl was less than a mile away from school in a residential neighborhood when she was struck and killed.

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Safe Routes to School Applies to Sylmar & Padilla and Fuentes are Major SR2S Stakeholders

Fuentes established SR2S:

{C<ll•fomia State)Assemblyman F<:!llpa Fuentes was elected in

J sp(>C•l)l elt~ction May 15, 2007 to repre5tlnt tlle 39th A~sembly District LoCiltOO in the No1theast San Fl!mtmdo V.:.lley, the 39th Assembly On.;tfict mcludesthe commum1ias of Aneta, Mission HillS, Pacoima, Panorama Coly, Sun Valley and Sylmar, Felipe has a long history of sa!Yice to residents of the San Fernando Valley ... 11rs harct ltOrl\ tlelped launch such successful projects as the construchon and rev•tali.ullion of polk-a and tire statiOns. hllraries ~nd infmsttuctura .rnprovemants in lha Nortfleast V«lley ... In a<.lditlon. Fucntet helped establish the "S<lfe Routes to School5" progrnm

Source: www.campaignsthat matter

A videotape from a 1999 City Council Meeting of a council member raising concerns about student safety in the area of a different school without sidewalks in the surrounding area was in evidence in the Fontana case and considered compelling.

According to the Attorney for the City of Fontana the jury awarded such large damages against the City because it felt the City "was on notice" of the situation largely because it had applied for SR2S (Safe Routes to School) Funding.

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Safe Routes to School Applies to Sylmar & Padilla and Fuentes are Major SR2S Stakeholders

Improving Traffic Safety Around Schools To protect school children, Senator Padilla has aggressively pursued Safe Routes to Schools funds that resulted the construction of new sidewalks adjacent to neighborhood schools. He introduced a council motion to re~ stripe the streets and put new warning signals near Arminta Elementary. These improvements helped increase safety around the school and has resulted in fewer traffic violations. He also worked with parents, teachers and school district administrators to improve the traffic flow around San Fernando High School.

Working with Neighborhoods on Traffic and Safety Projects Senator Padilla has worked with local neighborhoods to address their specific traffic concerns, including speed bumps, crosswalks, flashing "smart crosswalks," stop signs and traffic lights

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.VIEW FROM THE START OF 13245 HUBBARD ST SYLMAR FACING ELDRIGE AVE AFTER 7:30AM.

This is the intersection at Eldridge and Hubbard with an EXISTING crosswalk that Developer Alliance Charter claims is "adequate and safe" and the LA City Planning Commission agreed by approving without mitigation in their finding.

In Median v. City of Fontana Attoreny for the Plaintiff prevailed because "he argued that the City knew the dangers but did not do anything about it until it was too late"

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EXISTING weekday traffic at 13245 Hubbard St

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Traffic and not so safe sidewalk on Hubbard St.

Land Use, Traffic and Pedestrian Safety, Planning and Infrastructure are all related and IMPORTANT elements.

Note the asphalt sidewalks; narrow striped side medians and REGULAR weekday traffic along Hubbard Street in the immediate area of the Charter School.

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St parking obstructs the view and traffic, unsafe situation for children

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This is a regular morning Hubbard Street at Eldridge; The Blue and White Realty SIGN is 13245 West Hubbard Street

The Cars waiting at this red light; including a HEAVY truck are LINED UP ON THE ONLY CROSSWALK intended to serve the Charter School Population WITH NO ADDITIONAL IMPROVEMENTS!!!

It's a duck-shoot!!!

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Pedestrian Corner Eldridge & Hubbard

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12

2 Lanes with MTA all day on Hubbard St. Hubbard is behind the Bus

10

GOING NORTH ON HUBBARD ST FROM KISMET AVE

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5