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Staff Report Hillbrookowx MEETING DATE: 11/03/15 ITEM NO: J cos s of s COUNCIL AGENDA REPORT DATE: OCTOBER 23, 2015 TO: MAYOR AND TOWN COUNCIL j� FROM: LAUREL PREVETTI, TOWN MANAGER �u� U h SUBJECT: CONDITIONAL USE PERMIT APPLICATION U -12 -002. PROJECT LOCATION: 300 MARCHMONT DRIVE. PROPERTY OWNER: HILLBROOK SCHOOL. APPLICANT: MARK SILVER. SIX MONTH REVIEW OF A CONDITIONAL USE PERMIT MODIFICATION TO INCREASE SCHOOL ENROLLMENT AND MODIFY OPERATIONS OF AN EXISTING PRIVATE SCHOOL ( HILLBROOK SCHOOL) ON PROPERTY ZONED HR -1. APNS 532 -10 -001 AND 532 -11 -011. RECOMMENDATION: The Town Council should determine if there is merit to increase the number of students from 315 based on Hillbrook School's compliance with the maximum number of daily vehicle trips. BACKGROUND: On September 24, 2014, September 30, 2014, and October 6, 2014 the Planning Commission held public hearings and considered a request to modify a Conditional Use Permit (CUP) to increase school enrollment, modify operations of an existing private school (Hillbrook School), and certify the Final Environmental Impact Report (EIR). On October 6, 2014 the Planning Commission certified the EIR and approved all of those items. Both the applicant, Hillbrook School/Mark Silver and Patti Elliot et. al. filed an appeal of the decision of the Planning Commission. The Town Council heard testimony and documentary evidence from the appellants and all interested persons on the following dates: January 13, 2015, February 17, 2015, and March 17, 2015. On March 17, 2015 the Town Council adopted Resolution 2015 -018 denying the appeals of the decision of the Planning Commission and approving a request to modify a CUP to increase school enrollment and modify operations of an existing private school (Hillbrook School) subject to modified conditions of approval (Attachment 1). PREPARED BY: JOEL S. PAULSON , Planning Manager G Reviewed by: nV Assistant Town Manager / own Attorney Finance N:\DEV\TC REP0RTS\2015\Mamhmont300 - 6 mo revim.dmc Reformatted: 5/30/02 PAGE MAYOR AND TOWN COUNCIL SUBJECT: 300 MARCHMONT DRIVEIU -12 -002 NOVEMBER 3, 2015 A six month review of the CUP is required by Condition #16, which states "six months after the date of this approval, the Town Council shall review the school's compliance with the maximum number of daily vehicle trips. At a publicly noticed hearing, the Town Council will consider whether there is merit to increase the number of students from 315 based on compliance with the maximum number of daily vehicle trips. This review shall be completed at the school's expense." The maximum number of daily vehicle trips as determined by Condition #17 for Hillbrook School shall not exceed 880. The maximum number of daily vehicle trips for the summer session as defined by Condition #11 shall not exceed 300. If the Town Council should determine there is merit to increase the number of students for the 2015 -2016 school year, then the applicant may decide to increase enrollment pursuant to the new CUP and the CUP would be vested with all conditions of approval in effect (Attachment 1). If the Council is not satisfied with the results of the traffic monitoring, it may put in place a new monitoring period or take other action as described under the Alternatives section. DISCUSSION: A. Traffic Data The Town's traffic consultant, TJKM completed a video review of the traffic count during the fall 2015 semester on the days of September 29, September 30, and October 1, 2015 as specified in Condition #16. A report was prepared by TJKM comparing the manual count with the Sensys data for a 24 -hour period for the aforementioned dates on Marchmont Drive (Attachment 2). As detailed in the report, these three days did not exceed the maximum of 880 daily vehicle trips. The average number of daily vehicle trips for the period of three days was 762. For the day of September 29th, the manual count exceeded the Sensys data by more than five percent (Condition #19); however, the manual count did not exceed Hillbrook's maximum allowable vehicle trips of 880. The average difference between the manual count and Sensys data for the period of three days was 4.6 percent. As mentioned in the report by TJKM, the average difference between the Sensys data and the manual count did not exceed five percent for the two different traffic counts. hi the report, TJKM also stated that an average difference of five percent is considered to be acceptable within the general margin of error for traffic counts (Attachment 2). Hillbrook School may designate 10 days per year that can be removed from the maximum number of daily vehicle trips and are referred to as "exception days" (Condition #17 a). Exception days shall not exceed 960 maximum daily vehicle trips (Condition #17 b). As discussed in the report by TJKM, April 1, 2015 of the spring semester exceeded the maximum daily vehicle trips for an exception day at 972 vehicles per day (vpd). The date was identified on Hillbrook School's calendar as the 8th grade play (Attachment 3). PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 300 MARCHMONT DRIVER -12 -002 NOVEMBER 3, 2015 There are two Sensys sensors embedded outside the school gate in the exit direction, sensor A and sensor B. Sensor A measures the volume of vehicles exiting the school, while sensor B (paired with Sensor A) measures the speed of the vehicles exiting the school. The two sensors were originally installed and paired to measure both speed and volume. The two sensors provided one set of counts. The two sensors were later de- coupled because Hillbrook determined that it was unnecessary to measure the speed at this location. According to Sensys, when the set -up is modified from a two- sensor speed zone to a pair of individual one - sensor zones (sensor A and sensor B), the database is changed and as a result all data retrieved will reflect the new setup. Sensor A and Sensor B now provide one set of counts for each sensor. The school has continued to monitor the Sensys counts, but since the de- coupling of the sensors only the first of the two individual sensors, Sensor A, is being monitored because the second sensor, Sensor B, is not working consistently. This has been verified by staff's review of the data and therefore the Town is using only Sensor A data to review Hillbrook's traffic counts. CONCLUSION: Hillbrook School is in compliance with the daily vehicle trips, as provided in Condition #17. Hillbrook School was not in compliance with the daily vehicle trips for an exception day on April 1, 2015, as provided in Condition #17 b. The Town Council should determine if there is merit to increase the number of students from 315. ALTERNATIVES: The Council has two alternatives: 1. Approve an enrollment increase of 33 students for the 2016 -2017 school year. 2. Deny an enrollment increase of 33 students for the 2016 -2017 school year. ENVIRONMENTAL ASSESSMENT: An Environmental Impact Report (EIR) was certified by the Planning Commission October 6, 2014. COORDINATION: The evaluation of the traffic data was coordinated with the Parks and Public Works Department. PAGE MAYOR AND TOWN COUNCIL SUBJECT: 300 MARCHMONT DRWEIU -12 -002 NOVEMBER 3, 2015 Attachments: 1. Conditional Use Permit U -12 -002 Conditions of Approval 2. Traffic Consultant's Report, received October 23, 2015 3. Hillbrook School 2014 -2015 School Calendar 4. Hillbrook School Exception Days for 2014 -2015 and 2015 -2016 5. Public Comment received on October 28, 2015 Distribution: Mark Silver, 300 Marchmont Drive, Los Gatos, CA 95032 (on behalf of Hillbrook School) Patti Elliot, 269 Marchmont Drive, Los Gatos, CA 95032 (on behalf of Elliot et al.) CONDITIONS OF APPROVAL —March 17, 2015 300 Marchmont Drive Conditional Use Permit U -12 -002 Environmental Impact Report EIR -13 -001 Requesting approval to modify a Conditional Use Permit to increase school enrollment and modify operations of an existing private school ( Hillbrook School) on property zoned HR -l. It has been determined that this matter may have a significant impact on the environment and an Environmental Impact Report (EIR) has been prepared as required by the California Environmental Quality Act (CEQA). APNs 532 - 10-001 and 532 -11 -011. PROPERTY OWNER/APPLICANT: Hillbrook School /Mark Silver TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval listed below. 2. EXPIRATION: The Master Plan approved May 7, 2001 (Resolution 2011 -048) is vested. The Conditional Use Permit modification will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. Pursuant to Town Code Section 29.20.335 an approval is vested when the activity approved is commenced in a substantial, as distinguished from tentative or token, manner. For this Conditional Use Permit, substantial shall mean any increase in student enrollment above 315. 3. USE: The approved use is a junior kindergarten (1K) through eighth (8"') grade educational institution /private school, with ancillary after school activities, after school care, and after school sports. a. HOURS: STUDENTS and their families may be on campus Monday through Friday, 7:30 a.m. to 6:00 p.m., during the academic calendar year (mid - August through mid - June). b. EXTENDED HOURS: Up to 10 times per year, hours may be extended past 6:00 p.m. up to 9:30 p.m. The school's management and maintenance staff do not count towards the 10 times per year for extended hours. 4. AFTER SCHOOL ACTIVITIES: Enrichment programs including but not limited to arts, mechanics, engineering, and language for the school's students are permitted, up to 6:00 p.m., Monday through Friday, mid - August through mid -June. 5. AFTER SCHOOL SPORTS AND COMPETITIONS: Any sports, competitive or not, and other competitions with at least one participating team from this approved school are permitted up to 6:00 p.m., Monday through Friday, mid - August through mid -June. These competitions are permitted to occur a maximum 3 days per week, up to 2 days per week outdoors. 6. AFTER SCHOOL CARE: Childcare for the school's students is permitted up to 6:00 p.m., Monday through Friday, mid - August through mid -June. 7. VOLLEYBALL AND BASKETBALL TOURNAMENTS: A tournament is a series of contests/matches /games between two or more schools /teams one of which must be the approved school., Tournament hours are 7:30 a.m. to 3:30 p.m. Monday through Friday, ATTACHMENT 1 and Saturday. Vehicles must be off campus by 4:00 p.m. on Saturdays. These tournaments may occur up to 2 Saturdays, mid - August through mid -June. 8. EVENING/NIGHTTIME AND WEEKEND EVENTS: Evening/nighttime events are events that occur between 6:00 p.m. and 9 :00 p.m. Evening/nighttime and weekend events are permitted up to 10 times per academic year, mid - August through mid -June. These events must be listed by August 1 s' on a publicly accessible online School Calendar. 9. OPEN HOUSE: One weekend Open House per calendar year is permitted 7:30 a.m. to 3:30 p.m. (vehicles off campus by 4:00 p.m.), Saturday only (not Sunday), mid - August through mid -June. This event does not count as one of the 10 exception days from the maximum number of daily vehicle trips. 10. DELIVERY HOURS: Deliveries shall only occur between 7:00 a.m. and 7:00 p.m., Monday through Friday. 11. SUMMER SESSION: A summer program is permitted between mid -June and mid - August for six contiguous weeks. Summer hours are limited to 8:30 am. to 1:00 p.m., Monday through Friday. 12. PROFESSIONAL DEVELOPMENT /CONFERENCES: Training for the parents of enrolled students and/or the school's faculty only is permitted from 7:30 a.m. to 6:00 p.m., unless designated as a nighttime exception, Monday through Friday, mid - August through mid -June. No other conferences are permitted. 13. THIRD PARTY USE/RENTAL/LEASE: Third party use is allowed. A third party use is defined as a school program run by an entity that is under a contractual partnership agreement with the school, payments for participation in the activity are paid directly to the school, and the school has control of the operations of the activity. Any such third party use will be subject to all of the conditions contained in this Conditional Use Permit. 14. ADDITIONAL ACTIVITIES: Any activity that is not expressly identified in this Permit is prohibited. 15. NUMBER OF STUDENTS: The maximum number of students shall be limited to 414 students over the life of the Conditional Use Permit with an increase over 315 students of up to 33 in year 2016 -2017, up to an additional 33 in year 2017 -2018, and up to an additional 33 in year 2018 -2019. The right to add any additional students is contingent on the school's compliance with the traffic count requirements. The maximum number of students during the summer session is 150. 16. INITIAL REVIEW: Six months after the date of this approval, the Town Council shall review the school's compliance with the maximum number of daily vehicle trips. At a publicly noticed hearing, Town Council will consider whether there is merit to increase the number of students from 315 based on compliance with the maximum number of daily vehicle trips. This review shall be completed at the school's expense. 17. MAXIMUM NUMBER OF DAILY VEHICLE TRIPS: The maximum number of daily vehicle trips shall not exceed 880 pursuant to the following: a. The school may designate 10 days per year that can be removed from the maximum calculation, which shall be referred to as "exception days." b. Exception days shall not exceed 960 maximum daily vehicle trips. c. Exception days must be identified on a publicly accessible online School Calendar by August 1'. d. The maximum number of daily vehicle trips shall not exceed 300 during the summer session as defined in condition 11. 2 18. MANDATORY TRAFFIC DEMAND MANAGEMENT PLAN: The school shall implement, at its expense, a Mandatory Traffic Demand Management Plan consisting of any of the following means to limit daily vehicle trips: carpools, busing, shuttle buses, traditional school buses, bicycling, walking management plans, or other methods submitted by the school. The school must inform persons and entities, covered by the plan, that pickup and drop -offs are prohibited on public streets in the immediate vicinity of the school. The school is solely responsible for enforcement of and compliance with a Mandatory Traffic Demand Management Plan. 19. TRAFFIC COUNT MONITORING: The school shall monitor its compliance using the existing embedded counter and by installing tube counters as a backup. The data from the counters will be used to determine whether the school has complied with the traffic requirements contained in condition 17. The Town shall conduct ongoing traffic data validation by contracting for a random manual traffic count for three days, each semester. The data shall be compared with Sensys data (i.e, the embedded counter data) and results provided to the Town Traffic Engineer. If the Town Traffic Engineer finds the school out of compliance, the Town shall contract for additional data collection, with a one week mechanical (hose) traffic count to verify the counts. The school shall be considered out of compliance if any mechanical readings exceed the Sensys counts by more than five percent and where the readings are above the maximum number of daily vehicle trips. If the Sensys data continues to demonstrate ongoing non - compliance, the discrepancy shall trigger the compliance proceedings portion of the CUP. The school is required to reimburse the Town for all staff and contract services associated with this condition. 20. BUS STOPS: The school may continue to use bus stop locations negotiated with private businesses. Any existing or new bus stop must be approved by the Los Gatos Parks and Public Works Department as a suitable and safe place for a bus stop. 21. PARKING: All parking shall be accommodated onsite. 22. PICK -UP AND DROP -OFF AREA: A pick -up and drop -off area shall be maintained on school grounds. 23. EMERGENCY ACCESS ROAD: The emergency access road to Ann Arbor Drive shall not be opened up at any time to public or school use. The road may be opened for construction access only if it is part of an approved construction plan for an Architecture and Site application. 24. CURFEW AND NOISE: The school shall comply with the Town Code governing curfew and noise levels with the exception of one amplified DJ event, mid - August through mid - June (not summer). 25. ONGOING COMPLIANCE REVIEW: Upon completion of the six -month initial review set forth in condition 16, the Planning Commission shall conduct an annual review to determine if the school is in compliance with this Conditional Use Permit. If, at any reviews, the Planning Commission finds that the school is in violation of this Conditional Use Permit or that new or more effective data collection methods are available to compute traffic counts, then the Conditional Use Permit may be modified and /or revoked as allowed under the Town Code. Compliance review shall be completed at the school's expense. 26. PENALTIES FOR EXCEEDANCES OF THE MAXIMUM DAILY TRIP CAP: a. If the Town's Traffic Consultant's review of the trip cap monthly monitoring reports reveals that the number of trips exceeds the maximum daily trip cap, the applicant shall pay a penalty of $1,000 per day and $100 per excess trip. b. If the Town's Traffic Consultant's review of the trip cap monthly monitoring reports reveals that the number of trips exceeds the maximum daily trip cap for a second consecutive monitoring period, the applicant shall pay a penalty of $2,500 per day and $250 per excess trip. c. If the Town's Traffic Consultant's review of the trip cap monthly monitoring reports reveals that the number of trips exceeds the maximum daily trip cap for a third consecutive monitoring period, the applicant shall pay a penalty of $5,000 per day and $500 per excess trip. d. Penalty money shall be paid to the Town and used towards neighborhood traffic /pedestrian improvements as approved by the Town's Parks and Public Works Director. e. The school is not subject to fines in the first six months after the date of this approval. 27. NEIGHBORHOOD COORDINATION: The school shall post a schedule of events on a website accessible to the public at the beginning of every academic calendar year. 28. GYMNASIUM DOORS AND WINDOWS: The loading doors on the Ann Arbor side shall be closed at all times whenever activities are being held inside the gymnasium. The other doors and windows in the gymnasium shall be allowed to remain open during activities. 29. SQUARE FOOTAGE: The maximum structural square footage is 55,715 square feet as approved by the Master Plan on May 7, 2001 (Resolution 2011 -048). The existing campus is currently 52,683 square feet and an additional 3,032 square feet is permitted in the library and cafeteria/art classrooms with an approved Architecture and Site application. 30. BUILDING FOOTPRINTS: The footprints of the future buildings may be required to be modified during the Architecture and Site approval process to reduce tree impacts. 31. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. TJKM October 26, 2015 Mr. Jessy Pu Traffic Engineer Town of Los Gatos 41 Miles Avenue Los Gatos, CA 95030 Subject: Hillbrook School Counts — Fall of 2015 DearJessy: TJKM conducted three -day video counts on Marchmont Drive just outside the gate of the Hillbrook School. The counts were conducted on September 29 and 30 and October 1. The counts are summarized in the Table 1 below. In addition, TJKM obtained the school's Sensys counts for the same period, also shown. The Sensys counts are consistently slightly lower than the video counts we obtained, but average less than five percent. We are also providing you the video data itself. I have attached a table with the three day video count results, with 15 minute breakdowns. Table 1 Summary of 24 -hour counts on Marchmont September 29 September 30 October 1 Average Video Sensys % Video Sensys % Video Sensys % Video Sensys 795 746 1 6.2 781 760 2.7 709 674 1 4.9 762 727 4.6 As to the differences between the two sets of counts, the video tapes conducted by TJKM were manually reviewed and double checked. Although there could be human errors in manually reviewing the counts, they should be accurate and should be more accurate than most mechanical counts. Based on comparison of the 3 -day counts, the average difference is within 5 percent between the video counts and the Sensys data, and therefore these two different traffic counts are considered acceptable within general margin of error for traffic counts. The new CUP was approved by the Town Council on March 17, 2015, which was in the middle of the spring session. Based on our review of the Sensys data from approval of the new CUP through October 3, 2015, in the spring semester, there were two days exceeding the 880 threshold. One of the two days exceeded the exception -day threshold of 960 vpd. These two days were April 1st (1,006 vpd) and April 2nd (936 vpd). These were noted on the school calendar as 81" Grade Play days in the evening. These days were in the middle of spring session shortly after the new CUP was approved; it is possible the school had yet to put all TOM in place. Subsequent to that, no other days exceeded the CUP maximum thresholds. Please let us know if there are any questions on this information. Very truly yours, Chris D. Kinzel, P.E. Vice President PLEASANTON ♦ SAN JOSE ♦ SANTA ROSA • OAKLAND ♦ SACRAMENTO ♦ FRESNO Corporate Office: 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 ♦ Phone: 925.463.0611 ♦ www.TJKM.com DBE #40772 ♦ SBE#38780 ATTACHMENT 2 This Page Intentionally Left Blank Marchmont Driveway Counts Location 1 Tuesday 9/29/2015 Wednesday 9/30/2015 Thursday 10/01/2015 In Out In Out In Out 12:00 AM 0 0 12:00 AM 0 0 12:00 AM 0 0 12:15 AM 0 0 12:15 AM 0 0 12:15 AM 0 0 12:30 AM 0 0 12:30 AM 1 1 12:30 AM 0 0 12:45 AM 0 0 12:45 AM 0 0 12:45 AM 0 0 1:00 AM 0 0 1:00 AM 0 0 1:00 AM 0 0 1:15 AM 0 0 1:15 AM 0 0 1:15 AM 0 0 1:30 AM 0 0 1:30 AM 0 0 1:30 AM 0 0 1:45 AM 0 0 1:45 AM 0 0 1:45 AM 0 0 2:00 AM 0 0 2:00 AM 0 0 2:00 AM 0 0 2:15 AM 0 0 2:15 AM 0 0 2:15 AM 0 0 2:30 AM 0 0 1 2:30 AM 0 0 2:30 AM 0 0 2:45 AM 0 0 2:45 AM 0 0 2:45 AM 0 0 3:00 AM 0 0 3:00 AM 0 0 3:00 AM 0 0 3:15 AM 0 0 3:15 AM 0 0 3:15 AM 0 0 3:30 AM 0 0 3:30 AM 0 0 3:30 AM 0 0 3:45 AM 0 0 3:45 AM 0 0 3:45 AM 0 0 4:00 AM 0 0 4:00 AM 0 0 1 4:00 AM 0 0 4:15 AM 0 0 4:15 AM 0 0 4:15 AM 0 0 4:30 AM 0 0 4:30 AM 0 0 4:30 AM 0 0 4:45 AM 0 0 4:45 AM 0 0 4:45 AM 0 0 5:00 AM 0 0 5:00 AM 0 0 5:00 AM 0 0 5:15 AM 0 0 5:15 AM 0 0 5:15 AM 0 0 5:30 AM 0 0 5:30 AM 0 0 5:30 AM 1 1 5:45 AM 0 0 5:45 AM 1 0 5:45 AM 3 0 6:00 AM 0 0 6:00 AM 2 1 6:00 AM 0 0 6:15 AM 0 0 6:15 AM 2 0 6:15 AM 0 0 6:30 AM 3 0 6:30 AM 2 0 6:30 AM 3 0 6:45 AM 6 0 6:45 AM 4 1 6:45 AM 3 0 7:00 AM 11 0 7:00 AM 14 0 7:00 AM 14 0 7:15 AM 21 2 7:15 AM 21 0 7:15 AM 19 0 7:30 AM 26 3 7:30 AM 23 3 7:30 AM 24 1 7:45 AM 62 38 7:45 AM 72 43 7:45 AM 62 43 8:00 AM 27 19 8:00 AM 25 39 8:00 AM 22 28 8:15 AM 5 10 8:15 AM 7 8 8:15 AM 9 6 8:30 AM 4 5 8:30 AM 9 3 8:30 AM 7 5 8:45 AM 1 3 8:45 AM 6 2 8:45 AM 3 3 Tuesday 9/29/2015 Cont. 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J+ r N 00 In r LL r N o a� o -o L D U O Y L O U O) L w C M r � co Z U) N Z O O L U I O J+ L to M O N U- O r N M o 0 m � 3 U O U) J O Y L o N � m U N 01 r 00 r CO Z Cn N N • T m 0 m r 00 r-- J r N N — • M O t� CO r N N O I r M r r N M a� .D co d c a) N 3 O a t0 M O m ca N I r N M 2-0 Ln r 00 r N N r 1� N N M O h fD r N N • O O L U co N Z r N — • ' r 00 LA r r N N 7 O � C N CL 1.-0 r N N c U O Y Y C Co M O h r �p r N N H 00 rn c Y Y 0) C CD (9 N IA C%4 NHm c y Y y C Cp 1 • r 00 lA r r N H m O Z I N N rn C U > C d CY) cn y C Y d O O U M 0 U) r r -C C%4 Z O Z I cn m rn S; • U > C N p) y N O Y Y Co N M N U Cn O NHm �l9 N r 00 r N N U') N r T r (D N Y (O r o0 N N a+ O Z N Y cu Y ca p d m m d i N Cry CD r N i Y cu Y co • O U m m m a`> a> N M c c N c M Y (9 Y (4 m m W N op r �_ N C_ N Y Y cu a) 2 m m N s � F r _ C_ N co N - �D M �— O N h N This Page Intentionally Left Blank 2014 -2015 and 2015 -2016 Hillbrook School Exception Days Source: Mark Silver, Hillbrook School ATTACHMENT 4 2014 -15 2015 -16 Family Fun Night 9/5/2014 9/11/2015 Back to School - LS 9/9/2014 9/15/2015 Back to School - MS 9/11/2014 9/17/2015 Halloween 10/31/2014 10/30/2015 Winter Concert 12/17/2014 12/16/2015 8th grade play 4/1/2015 3/23/2016 8th grade play 4/2/2015 3/24/2016 Alumni BBQ 5/8/2015 5/6/2016 Walkathon 5/15/2015 5/13/2016 Recognition Night 6/1/2015 6/6/2016 Source: Mark Silver, Hillbrook School ATTACHMENT 4 This Page Intentionally Left Blank RECEIVED OCT 28 2015 Dear Mayor Jensen and Council Members Spector, Leonardis, Sayoc, and Rennie: TOknT! OF LOS GATOS Below are remarks I plan to make at the November 3 Town Council meeting when Aganl,"WMISION 4 is called. We greatly appreciate the efforts Hillbrook has put into reducing its traffic. The neighborhood enjoyed a nice, quiet summer, and we are now seeing traffic that is lower and more reasonable than it was just two years ago. However, I want to raise just one concern, which has to do with long -term accountability. As you know, the approved new CUP requires that two counters be used to count the number of exiting vehicles at the Hillbrook gate. The Town has posted the traffic numbers from these two counters in two sets of tables. The numbers are listed as Exit A and Exit B in the two tables. One major problem is that, for extended periods, one of the counters shows no traffic at all. Specifically, from April 22 to through September 15, "Exit B" records zero (0) traffic. A second problem is that, when both counters are working, the two tables do not agree even though supposedly they are counting the same traffic. The discrepancies in the numbers are almost always slight. However, in some cases they are significant. For example, for the two days on which Hillbrook went over its school -year limit of 880 daily trips —April 1, 2015 and April 2, 2015- -the two counters had significantly different totals. (We assume these days would be called "special days," for which Hillbrook is allowed more trips. However, on "special days," the traffic limit is 960 daily trips. On April 1, 2015, this limit was exceeded.) Here are some specific questions we hope we can get answered: 1. Why was Sensor B not functioning for such a long period of time? 2. Can we have the traffic department make sure both sensors are consistently working? It seems that, based on the disparity in the counts, there can be days when non- compliance would be unrecorded. Can this situation is remedied? ATTACHMENT 5 "Exit A" "Exit B" Percent Difference April 1, 2015 486 (972 total trips) 503 (1,006 total 7% more traffic trips) shown in "Exit B" counter April 2, 2015 456 (912 total trips) 468 (936 total trips) 5% more traffic shown in "Exit B" counter Here are some specific questions we hope we can get answered: 1. Why was Sensor B not functioning for such a long period of time? 2. Can we have the traffic department make sure both sensors are consistently working? It seems that, based on the disparity in the counts, there can be days when non- compliance would be unrecorded. Can this situation is remedied? ATTACHMENT 5 3. If one counter shows Hillbrook going over the maximum while the other does not, which number will the Town use to evaluate Hillbrook's compliance with the CUP? Based on the CUP, supposedly Hillbrook would be out of compliance by going over its assigned counts by just 1 vehicle trip. 4. 1 believe we were told we would see Hillbrook's traffic counts on a monthly basis. Will the counts start to be posted every month? 5. In the future, who will check the traffic counts to determine compliance? What formal notification of non - compliance will be taking place? The neighbors around Hillbrook would like to feel confident that the counting system used to evaluate Hillbrook traffic is reliable and accurate and that non - compliance will be detected whenever it occurs. The current tables suggest that there are problems with Hillbrook's counting system. Thanks you, as always, for your hard work and public service.