From:

To:
Cc:
Subject:
Date:
Attachments:

linda harris
Klein, Heather
Neighbors for Safety in Hiller Highlands; Leila Moncharsh
Bentley Employee Agreements EMMA AlERT
Friday, March 06, 2015 9:56:08 AM
Bentley employee agreements.pdf

Dear Heather:
Bentley is required by law to file financial statements with the Securities Board each year. The 6/30/14 statement
has just been released as public information. I'm attaching page 15 of the Financials relating to Concentrations and
Risks and employment agreements.
You can see that as a matter of financial policy, the school's employee agreements are issued annually and expire at
the end of the fiscal year (June 30).
Thank you,
Linda

From:
To:
Subject:
Date:

Gordon Piper
Klein, Heather
Bentley Misrepresentation re Groundskeepers
Monday, March 16, 2015 9:22:11 AM

I wanted to report to you that on Saturday that I observed two groundskeeper working with
blowers north of the Bentley School administration building blowing leaves and dirt on the
grounds. As you may recall, the Bentley School only reported employing one groundskeeper
in 2015 and since 2o012, and this represents the fourth year in a row that the School has
misrepresented the number of Groundskeepers that it has working and has assigned to perform
Groundskeeper duties at the School. The Bentley School needs in any Compliance Plan to
address the larger number of Maintenance staff employees it has working at the Hiller Campus
than have been reported to the City of Oakland and neighbors on a continuing basis for four
years running as it contines to violate the 71 limit in the CUP on number of employees.
Gordon Piper

From:
To:
Cc:
Subject:
Date:

linda harris
Klein, Heather
Neighbors for Safety in Hiller Highlands; Sue Piper
Bentley Reports & Compliance
Friday, October 31, 2014 4:10:05 PM

Hi Heather:
Can you please update us on the status of Bentley's monitoring report for September and the timeline for review of
Bentley's appeal of the May 21 finding of noncompliance? Has Bentley also submitted a request to amend the use
permit? If so, please forward it to neighbors.
Thanks and Happy Halloween!
Linda

From:
To:
Cc:
Subject:
Date:

linda harris
Klein, Heather; Ranelletti, Darin
Neighbors for Safety in Hiller Highlands; Sue Piper; Donna Karch; Nadine Prah; Gordon Piper; Leila Moncharsh
Bentley Response and Next Steps
Tuesday, January 20, 2015 12:40:04 PM

Hi Heather:
Thank you for forwarding Bentley's response to your 12/19/14 request for additional information on their CUP plan
for compliance.
Neighbors are reviewing it and will have comments to submit.
Will you please advise us of the time frame for the city's response to Bentley and what actions might be taken.
Also please advise us of the time period for our additional public comments.
Thank you,
Linda

From:
To:
Subject:
Date:

Vanessa Wassenar
Klein, Heather
RE: Bentley School
Thursday, October 22, 2009 10:32:35 AM

Heather:
I know were not finished with this by a long shot but I just wanted to thank you for the time and effort
you have made on our behalf. Im only out here this week and then on the east coast for a while, but I
was both fascinated and a bit surprised at last nights meeting. Ultimately, the faith that the
commissioners obviously have in you and your ability to be fair was the defining part of the solution(s).
Vanessa

Vanessa Wassenar
Interim CFO
Bentley School
[email protected] OR [email protected]
413-458-5693

From: Klein, Heather [mailto:[email protected]]

Sent: Thursday, October 22, 2009 1:29 PM
Subject: Bentley School
Dear Interested Parties,

Last night, October 21, 2009, the Planning Commission approved the Bentley School Major
Conditional Use Permit subject to the staff reports attached Conditions of Approval with modifications
to those conditions made at the hearing.

This decision is appealable to the City Council within 10 days. Should you which to appeal the
decision, you must submit the appeal form (attached), the appeal application fee ($1,181.93), and any
additional documentation to the second floor Planning and Zoning Division permit counter. Please read
the form carefully. You do not need to make an appointment as this can be done over the counter. The
appeal with then be forwarded to me. Do not submit or mail the appeal documentation directly to me.

All appeal documentation, including the fee, must be filed within 10 days or, more specifically, by
November 2, 2009 at 4:00 PM. Please dont hesitate to contact me if you have any additional
questions.

Best,

Heather Klein, CGBP, LEED AP

Planner III
City of Oakland

250 Frank H. Ogawa Plaza, Suite 3315

Oakland, CA 94612
ph: (510) 238-3659
fax:(510) 238-6538
email: [email protected]

P Please consider the environment before printing this e -mail

From:
To:
Cc:
Subject:
Date:
Attachments:

Kimon Papahadjopoulos
[email protected]; [email protected]; [email protected]; [email protected];
[email protected]; [email protected]; [email protected]; Klein, Heather
Brunner, Jane
Fwd: Bentley Conditional Use Permit
Tuesday, October 20, 2009 1:35:55 PM
Kimon Bentley letter.doc

My apologies, the letter is attached this time.

---------- Forwarded message ---------From: Kimon Papahadjopoulos <[email protected]>
Date: Tue, Oct 20, 2009 at 1:34 PM
Subject: Bentley Conditional Use Permit
To: [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected]
Cc: [email protected]

Attached please find a letter in support of Bentley School's Conditional Use Permit.
Kimon Papahadjopoulos

From:
To:
Subject:
Date:

Neighbors for Safety in Hiller Highlands

Klein, Heather
Final EIR
Friday, March 27, 2009 3:50:35 PM

DearHeather:

Do you have an update on Bentley's Final EIR?Is there a targetdate for

completion?

Thanks,
NSHH

From:
To:
Subject:
Date:

Klein, Heather
"Linda Harris"
RE: EIR timeline
Wednesday, February 20, 2008 11:25:29 AM

Linda,
I dont know when the public version will be ready for review. I would say late spring. However, the
schedule keeps being pushed back due to the complicated nature of this project.
The EIR consultant is actively working to complete the document. He and I are meeting every other
week. I think the only section that hasnt been completed yet is the alternatives portion. As soon as the
City identifies these, the consultant can write the section. We have a meeting on Friday to hopefully
settle this.
As I stated before, the consultant will submit an Administrative Draft EIR for City review. It will be
routed to all relevant departments for comment. Typically, Ive found that all City comments are
addressed within 2-3 versions. Once it is ready the City will publish the Draft EIR for public comment.
As an aside, this process is taking a bit longer than average but still well within the timeframe that the
City would expect for a full EIR. I know that you are just as anxious to move forward as the City is.
Best,
Heather Klein
Planner III
City of Oakland
250 Frank H. Ogawa Plaza, Suite 3315
Oakland, CA 94612
ph: (510) 238-3659
fax:(510) 238-6538
email: [email protected]
-----Original Message----From: Linda Harris [mailto:[email protected]]
Sent: Tuesday, February 19, 2008 5:55 PM
To: Klein, Heather
Subject: EIR timeline
Dear Heather:
Do you have any idea yet about when the EIR will be available for public review?
Thanks,
Linda

From:
To:
Subject:
Date:

valerie bailey
Klein, Heather
Bentley School
Monday, July 19, 2010 3:48:02 PM

I am a resident of Hiller Drive and am writing to ask that the Planning Commission
uphold a lower vehicle limit of 209 in compliance with the CUP condition to reduce
traffic from the current conditions. As well, please make sure that the Planning
Commission upholds the CUP condition to relocate all-school administrative staff.
While I do not live so close to Bentley School, but rather at the top of the hill, I do
have great concerns about the amount of traffic the school generates. Who among
us will forget the 1991 Firestorm as people tried desperately to flee to safety. We
need some reasonable limits on the traffic at the bottom of the hill.
Valerie Bailey
408 Hiller Drive
Oakland CA 94618
510 540 6196

From:
To:
Cc:
Subject:
Date:
Attachments:

R Gordon Piper
Klein, Heather; [email protected]; michael colbruno; madeline zayas-mart
neighbors safety hiller highlands
Bentley School, Comments re CUP Conditions and TDM
Thursday, February 23, 2012 11:27:32 AM
Bentley Letter 2-23.doc

Attached are my written comments pertaining to the Bentley School and its CUP
and TDM, which will be coming before the Planning Commission in March. I urge
the Planning Commission to follow the thoughtful recommendations submitted by
the Neighbors for Safety in Hiller Highlands.
Gordon Piper, immediate neighbor of Bentley School, 33 Hiller Drive

From:
To:
Cc:
Subject:
Date:

linda harris
Klein, Heather
Neighbors for Safety in Hiller Highlands
Bentley update
Thursday, April 02, 2015 12:13:07 PM

Hi Heather:
Bentley's school year is ending in five weeks. Can you provide us with an update on what is happening with the
noncompliance issues?
Thank you,
Linda

From:
To:
Cc:
Subject:
Date:

Gordon Piper
Klein, Heather
neighbors safety hiller highlands
Bentley"s Employee Report for 2014-2015 (Current Year)
Wednesday, November 12, 2014 6:12:15 PM

We were surprised to find that the Bentley listing of staff for the current school year (20142015) was not included in the compliance report you recently forwarded, which was prepared
by attorney Linda Klein. At the Neighborhood Liaison Committee meeting, there was an
indication by Kori that Bentley didn't believe it had to submit the report on current employees
until NEXT October ! Since the Planning Commission approved their CUP, Bentley has
submitted an employee report for the current year. This year should be no exception,
especially since Planning staff in April found they were not in compliance with the limit of 71
staff. Have you requested this staffing report?
Sue Piper as the Neighborhood Liaison Committee rep for the Hiller Highlands Homes
Association asked Kori Thomas and the Bentley School to provide to us for the
Neighborhood Liaison meeting this week a listing of current staff by job title, name and
schedule, and no information or list was provided as requested by neighbors by the two
Bentley representatives at the meeting..
Did Bentley or its attorney Linda Klein provide to you a written listing or breakdown of their
current staff members by job title and or by job title and name and schedule, as we had
requested? If so, can you please send it to us this week for our review and evaluation? Thank
you for your assistance in providing this information regarding current Bentley staffing that
has been reported to Planning staff.
I shared with Kori Thomas at the Neighborhood Liaison Committee meeting this week the list
of 103 individuals that I had developed from my research relative to Bentley and potential
current staffing. Kori seemed to have no prior awareness of this list. Have you asked Kori,
the Bentley School or its attorney to respond to this list and to clarify which of these
individuals are currently working as staff at the School? This review or investigation could
assist in determining whether or not any progress has been made by the School in relation to
ensuring compliance with the CUP limit of 71 employees established by the Planning
Commission, and in evaluating any potential plan that the School develops or may submit to
Planning staff for coming into compliance in November or the near future. It might also assist
in evaluating the accuracy or completeness of the latest list of staff provided by the School and
whether the School is making a good faith effort to comply with the 71 staff limit.
Gordon Piper

From:
To:
Cc:
Subject:
Date:

linda harris
Klein, Heather; Ranelletti, Darin
Neighbors for Safety in Hiller Highlands; Sue Piper; Donna Karch
Clarification from Bentley
Thursday, November 20, 2014 8:06:02 AM

Heather:
Thanks for meeting with us yesterday. We left with a better understanding of what the process is now and hopefully
you understand our concerns about verification of information and managing the school's impact in the
neighborhood.
Regarding the information, it would be helpful to get a clarification of whether Bentley is intending that the people
who would have lockers and offices in Lafayette would still be continuing as part time or full time workers at the
Hiller Campus. We interpreted their language to mean that there would be no net benefit to relieving the vehicle
traffic and impacts in the neighborhood because these people would still be working at Hiller full or part time. Even
worse, my taking away their "staff" title they would be allowed to park on Hiller. If Bentley's intends to move
lockers, office sAND the people to Lafayette that would provide relief to us and we could see that it would require a
few months to accomplish.
I forgot to write down the due date for comments but if you add a couple of days for the holiday, I think it would be
December 5. It would also be helpful to have the weekend to get together with neighbors to finalize our response
so a due date of December 8 would be better.
Thanks.
Linda

From:
To:
Cc:
Subject:
Date:
Attachments:

Linda Harris
Klein, Heather
Neighbors for Safety in Hiller Highlands; Sue Piper; Donna Karch
Fwd: Bentley Employee Agreements EMMA AlERT
Wednesday, April 15, 2015 8:15:04 AM
Bentley employee agreements.pdf
ATT00001.htm

I see in the Mudge letter that Bentley states their employees are on 2 year contracts. This is
inconsistent with the Emma financial reports they file quarterly which state that their
employment contracts are only one year. Bentley continues to provide information that is
inconsistent without providing any documentation such as contracts and audited enrollment
numbers. They are about to conclude another full school year in noncompliance.
Linda
Sent from my iPhone
Begin forwarded message:
From: linda harris <[email protected]>
Date: March 6, 2015 at 9:52:05 AM PST
To: Heather Klein <[email protected]>
Cc: Neighbors for Safety in Hiller Highlands
<[email protected]>, Leila Moncharsh
<[email protected]>
Subject: Bentley Employee Agreements EMMA AlERT
Dear Heather:
Bentley is required by law to file financial statements with the Securities Board each year. The
6/30/14 statement has just been released as public information. I'm attaching page 15 of the
Financials relating to Concentrations and Risks and employment agreements.
You can see that as a matter of financial policy, the school's employee agreements are issued
annually and expire at the end of the fiscal year (June 30).
Thank you,
Linda

From:
To:
Subject:
Date:
Attachments:

Susan Piper
Ranelletti, Darin; Klein, Heather
Fwd: Need for Comprehensive Audit of Bentley School Employees
Tuesday, December 02, 2014 9:14:45 AM
Staff at Hiller by position November 2014.xlsx
ATT5923453.htm
ATT5923454.dat
ATT5923455.htm
12-2-14 letter to Henry Gardner re Bentley.pdf
ATT5923456.htm

FYI
Please excuse typos.
Sent from my iPhone
Begin forwarded message:
From: Susan Piper <[email protected]>
Date: December 2, 2014 at 12:12:54 PM EST
To: "[email protected]" <[email protected]>, "Kalb, Dan"
<[email protected]>
Cc: "[email protected]" <[email protected]>,
Olga Bolotina <[email protected]>, "Cowan, Richard"
<[email protected]>, "[email protected]"
<[email protected]>, Neighbors for Safety in Hiller Highlands
<[email protected]>
Subject: Need for Comprehensive Audit of Bentley School Employees
We are following up our June conversation with two spread sheets and a letter
with details that documents concerns about Bentley School's inaccurate reporting
of its staff as required by their CUP.
On November 17, 2014, Bentley admitted that they had 83 employees instead of
the 71 they had been reporting. We believe there are closer to 100 staff working at
the Oakland campus.
The Planning Department has asked the school to develop a compliance plan, but
we believe it is imperative for the City to complete an independent audit of their
staffing before any decisions are made as to how the school should comply with
their CUP.
We also feel that the City should apply sanctions on the school for being out of
compliance for at least the last two of the three years they have been reporting to
the City.

-Gordon and Sue Piper

510 499-8933 (cell)

From:
To:
Cc:
Date:

linda harris
Klein, Heather
Neighbors for Safety in Hiller Highlands; Sue Piper; Donna Karch; Nadine Prah; Leila Moncharsh; Gordon Piper;
Ranelletti, Darin
Monday, April 06, 2015 1:25:07 PM

Dear Heather:
Bentley's announcement of the agenda for the NLC meeting on 4/15 includes: "Bentley update on the CUP plan for
employee count".
Are you aware of an updated plan? Have you seen it and has the city responded to an updated plan? If so, can you
please provide copies to NSHH so we can review it before the meeting. Our meetings with Bentley are infrequent
and short so it is helpful to be informed in advance.

Thank you,
Linda

From:
To:
Cc:
Date:

linda harris
Klein, Heather
Neighbors for Safety in Hiller Highlands; Leila Moncharsh; Ranelletti, Darin; Donna Karch; Nadine Prah; Sue
Piper; Gordon Piper
Friday, June 12, 2015 9:07:54 AM

Dear Heather:
Thank you for forwarding the "Notice of Determination" dated May 29,2015 responding to the May 21,2014
finding of non compliance by Bentley School.
It has taken a long time and many hours of work in your office and among the neighbors to resolve this matter. We
really appreciate that you have followed followed up on neighbors findings and clarified issues relating to the job
titles and counting staff.
We are also pleased that Bentley will submit more detailed accounts of their staff levels this year and going forward.
Because staff level and enrollment are closely linked and are the key controlling conditions of the CUP,
transparent and verifiable reporting helps provide reassurance that Bentley will, in the future, operate within the
limits of the CUP. Self reporting of enrollment without any documentation or verifiable accounting remains a
concern for neighbors and we hope that the City now sees the need to require such information before it accepts or
approves another annual Enrollment Compliance statement submitted by Bentley.
Thank you for all of your work on this case.
Best regards,
Linda

From:
To:
Subject:
Date:

linda harris
Klein, Heather
NSHH Comments/response to Bentley"s Plan for compliance
Friday, December 05, 2014 2:03:34 PM

Heather: We are working hard to complete our comments on the Compliance plan and send them to you before
4:00. We've had some computer complications and may have to send it in parts today and tomorrow or Monday.
Would you prefer it all in one piece or is it ok to send attachments on Monday.
Thanks,
Linda

From:
To:
Cc:
Subject:
Date:
Attachments:

linda harris
Klein, Heather
Ranelletti, Darin; Leila Moncharsh; Neighbors for Safety in Hiller Highlands
NSHH Response to Bentley School Letter dated 1/15/15
Monday, February 09, 2015 3:16:35 PM
NSHH 2-9-15 response to 12_19_14 Plan for compliance.pdf

Dear Heather:
NSHH is submitting the attached letter with comments re: Project No. #$07-006/CM04-411/REV 10-0003:
Bentley School CUP-1 Hiller Drive for your consideration.
If you have any difficulty opening this file please let me know.
Thank you,
Linda Harris

From:
To:
Cc:
Subject:
Date:
Attachments:

linda harris
Klein, Heather; Ranelletti, Darin
Leila Moncharsh; Neighbors for Safety in Hiller Highlands; Donna Karch; Nadine Prah; Sue Piper; Gordon Piper
Planning Procedures related to Bentley"s Plan for Compliance (updated with PDF attachment)
Friday, November 28, 2014 10:02:09 AM
Compliance Process Inquiry Letter to Heather Klein 11-26-14.pdf

Please disregard and do not forward my earlier email on this subject. This email has
the correct PDF attachment which should open without trouble..

Dear Heather and Darin:

As a follow up to our meeting last week we have questions about the process that is
being followed in the Bentley Noncompliance matter. Weve outlined what we
understand as the process and added some questions and possible actions. We
hope you will review our attachment and comments and then confirm that the matter
of Bentleys definition of Staff and their Plan for Compliance will be decided by a
Major Review and Planning Commission hearing,as you both indicated was likely. .

Thank you for your consideration,

Linda Harris

From:
To:
Cc:
Subject:
Date:

Susan Piper
Klein, Heather; Ranelletti, Darin
Neighbors for Safety in Hiller Highlands; Gardner, Henry
PLEASE double check the veracity of Bentley"s response to your questions
Saturday, December 20, 2014 10:32:28 AM

Once again, we ask that you not just rely on what Bentley says about it's employees. Even the
report Bentley sent to the California Department of Education differs from what they told you
when they said they only had 83 employees. If you look at the CDE spread sheet for 201415that we left with you when wemet and go to the third page and count down 17 (lines it
begins with "37" which is highlighted) it comes to 85 staff when you add the full time, part
time, administrators and other staff, not 83.
We appreciate your asking for more definitive answers from the school before you review
Bentley's Compliance Plan, but experience shows that unless you INDEPENDENTLY verify
the total number of people working at the Hiller campus, we will never know how far out of
compliance the school is, which is the basis for any plan to bring the school back into
compliance.
Thanks for your patience with this process.
-Sue Piper

From:
To:
Cc:
Subject:
Date:
Attachments:

Susan Piper
Klein, Heather
Neighbors for Safety in Hiller Highlands; Ranelletti, Darin; linda harris; Leila Monscharsh; Gordon Piper
Project No. ER07-006/CM04-411/REV10-0003; Bentley School CUP 1 Hiller Drive
Sunday, February 08, 2015 11:38:20 AM
Bentley School Compliance Plan, Comments from Pipers 2-8-15.docx

Before the City accepts Bentleys proposed Compliance Plan, there still needs to be additional
investigation to ensure that an accounting of staff is independently verified in order to accurately
establish how far out of compliance the school is.There are still too many conflicts and red flags to
accept Bentleys representation of its true staff picture on the Oakland campus.

Our position is that anyone who is regularly working on campus needs to be counted as staff.
Furthermore, any compliance plan needs to include a system for accurate reporting and monitoring
the data that is relevant to the enforcement of the CUP. And that Bentleys reports are to be
submitted under penalty of perjury, because of Bentleys continuing history.

Please see the attached letter for a more detailed listing of our concerns.

Thank you,

Gordon and Sue Piper

33 Hiller Drive
Oakland, CA 94618

From:
To:
Subject:
Date:

Gordon Piper
Klein, Heather; Ranelletti, Darin; Flynn, Rachel; Gardner, Henry; neighbors safety hiller highlands
Public Records Request and Request for Clarification
Wednesday, November 05, 2014 11:57:39 AM

I wish to make a Public Records Act request for the following:

1. The compliance report on employees of Bentley Schools Oakland campus as of
October or November, 2014 showing the classifications, number of employees, shifts,
and names;
2. All writings from Bentley School representatives in 2014;
3. All writings to Bentley School or its representatives from City staff members in 2014;
4. All writings between City staff members in 2014 including emails and letters pertaining
to Bentley School from City employees including Heather Klein, Darin Ranelletti,
Rachel Flynn, and Henry Gardner; and
5. The documents obtained from Bentley School in any code compliance investigation
conducted by the City of Oakland related to its employees on the Oakland campus from
2010 to the present;
I wish to request clarification:
Has the City of Oakland commenced a code compliance investigation in 2014 regarding
Bentley Schools compliance withthe limit of 71 employees contained in the
Conditional Use Permit granted by the City Planning Commission?
If a code compliance investigation is being conducted, the name of the City staff
member conducting the investigation and the status.
When staff issued the notice of noncompliance Condition of Approval #1(b)(vii)
Approved Use and #20: School Enrollment/Hours of Operation/Employees back on
May 21, 2014, it only seemed to reference that the school was out of compliance by one
or two staff members. Has the Planning Department updated the notice of
noncompliance to more accurately reflect the level of noncompliance in 2012, 2013
and/or 2014, as documented in my previous emails?
Concerning the code compliance investigation of Bentley Schools compliance report on
employees as of October or November 2014please specifically look to see if Bentley
includes in its report, the Director of Facilities for both campuses, the weekday daytime custodians and groundskeepers, the two custodians working in the evening on most
weekday nights, and the two Bentley gardeners I have observed at times working on
campus on weekends.
In addition, we sent you an earlier email where we identified over 100 people who are
listed on the schools 2014-2015 school directory, on the web, and who recently had been
working on the Oakland campuswe would anticipate that your review of the employee
report would include a review and accounting of these individuals and any other staff who
may be
working on the campus. This has been an ongoing concern since 2012. Without definitive
clarification about the names, schedules and titles of these individuals, leaves in doubt
Bentleys compliance with the 71 employee limit.
Please contact me when the files are ready so I can make an appointment to review these and

any other items you have in the file.

From:
To:
Subject:
Date:

linda harris
Klein, Heather
Re: NSHH Comments/response to Bentley"s Plan for compliance
Friday, December 05, 2014 4:59:46 PM

The NSHH Comments letter sent at 3:59 is the main document. The History of Vehicle trips was an attachment
which we sent a second time because we thought the first one wouldn't open. The Vehicle Trips Summary is
updated with the most recent data. We aren't going to attach more documents at this time. Most of them are
referenced in the text and you have them in your records.
Thanks for considering our comments.
Have a nice weekend.
Linda

On Fri, Dec 5, 2014 at 4:21 PM, Klein, Heather <[email protected]> wrote:

I got your e-mails. Does the one you sent at 3:59 include the attachments? Im fine you want to
send information on Monday. I just need it to me by 4:00.

Heather Klein, Planner III | City of Oakland | Bureau of Planning | 250 Frank H. Ogawa, Suite 3315
|Oakland, CA 94612 | Phone: (510)238-3659| Fax: (510) 238-6538 | Email: [email protected] |
Website: www.oaklandnet.com/planning

P Please consider the environment before printing this email

From: linda harris [mailto:[email protected]]

Sent: Friday, December 05, 2014 2:04 PM
To: Klein, Heather
Subject: NSHH Comments/response to Bentley's Plan for compliance

Heather: We are working hard to complete our comments on the Compliance plan and send
them to you before 4:00. We've had some computer complications and may have to send it
in parts today and tomorrow or Monday. Would you prefer it all in one piece or is it ok to
send attachments on Monday.

Thanks,
Linda

From:
To:
Cc:
Subject:
Date:

Leila H. Moncharsh
[email protected]; Klein, Heather; Ranelletti, Darin
[email protected]; Donna Karch; nadine; Sue Piper; Gordon Piper
RE: Planning Procedures related to Bentley"s Plan for Compliance (updated with PDF attachment)
Friday, November 28, 2014 10:31:39 AM

I think something more is required than questions to planning.This business of violating the
use permit and thensitting in the planning department for months and even years, without
correction, is not working. It also encourages other schools to do the same thing since
noncompliance has its rewards, if nothingelse at least in delaying getting into compliance.

Most cities approach noncompliance with use permits as something that requires working
with the private school to get it into compliance. However, that approach is based on the
assumption that many private schools are rather poorly managed by parents, who make up
the board of directors, and byheads of school who are not of the same quality asin past
years. Therefore, a more gentle, teachingapproach is sufficient tocooperatively get the
schoolinto compliance.

That has not been the situation with Head-Royce, Bentley, and CPS. All of these schools have
knowingly violated their use permits, refused or delayed doing anything to get into
compliance, and forcedresidents to take the lead indemandingcorrections.

I would ask for an administrative hearing, given that the school is clearly out of compliance by
its own admissions, that the school be fined and ordered to get into compliance withina
month. I would make the arguments to the entire city council, planning commission, and
planning department. Enough is enough with Bentley which has been violatingits use permit
for how manyyears?!

Leila

Date: Fri, 28 Nov 2014 10:00:01 -0800

Subject: Planning Procedures related to Bentley's Plan for Compliance (updated with PDF
attachment)
From: [email protected]
To: [email protected]; [email protected]
CC: [email protected]; [email protected];
[email protected]; [email protected]; [email protected];
[email protected]
Please disregard and do not forward my earlier email on this subject. This email has
the correct PDF attachment which should open without trouble..

Dear Heather and Darin:

As a follow up to our meeting last week we have questions about the process that is
being followed in the Bentley Noncompliance matter. Weve outlined what we
understand as the process and added some questions and possible actions. We
hope you will review our attachment and comments and then confirm that the matter
of Bentleys definition of Staff and their Plan for Compliance will be decided by a
Major Review and Planning Commission hearing,as you both indicated was likely. .
Thank you for your consideration,
Linda Harris

From:
To:
Cc:
Subject:
Date:

Leila H. Moncharsh
Klein, Heather
Ranelletti, Darin
RE: Planning Procedures related to Bentley"s Plan for Compliance (updated with PDF attachment)
Monday, December 01, 2014 5:20:01 PM

My understanding was that a complaint was filed by the neighbors due to the violation of the
employee cap condition. Am I incorrectly informed?

Thanks, Leila

Subject: RE: Planning Procedures related to Bentley's Plan for Compliance (updated with PDF
attachment)
Date: Mon, 1 Dec 2014 16:51:13 -0800
From: [email protected]
To: [email protected]
CC: [email protected]
Leila,
Thanks for your comments. Im not sure what you mean by an administrative hearing and you clarify
what you mean by this?

Heather Klein, Planner III | City of Oakland | Bureau of Planning | 250 Frank H. Ogawa, Suite 3315
|Oakland, CA 94612 | Phone: (510)238-3659| Fax: (510) 238-6538 | Email: [email protected] |
Website: www.oaklandnet.com/planning

P Please consider the environment before printing this email

From: Leila H. Moncharsh [mailto:[email protected]]

Sent: Friday, November 28, 2014 10:30 AM
To: [email protected]; Klein, Heather; Ranelletti, Darin
Cc: [email protected]; Donna Karch; nadine; Sue Piper; Gordon Piper
Subject: RE: Planning Procedures related to Bentley's Plan for Compliance (updated with PDF
attachment)

I think something more is required than questions to planning.This business of violating the
use permit and thensitting in the planning department for months and even years, without
correction, is not working. It also encourages other schools to do the same thing since
noncompliance has its rewards, if nothingelse at least in delaying getting into compliance.

Most cities approach noncompliance with use permits as something that requires working
with the private school to get it into compliance. However, that approach is based on the
assumption that many private schools are rather poorly managed by parents, who make up
the board of directors, and byheads of school who are not of the same quality asin past

years. Therefore, a more gentle, teachingapproach is sufficient tocooperatively get the

schoolinto compliance.

That has not been the situation with Head-Royce, Bentley, and CPS. All of these schools have
knowingly violated their use permits, refused or delayed doing anything to get into
compliance, and forcedresidents to take the lead indemandingcorrections.

I would ask for an administrative hearing, given that the school is clearly out of compliance by
its own admissions, that the school be fined and ordered to get into compliance withina
month. I would make the arguments to the entire city council, planning commission, and
planning department. Enough is enough with Bentley which has been violatingits use permit
for how manyyears?!

Leila

Date: Fri, 28 Nov 2014 10:00:01 -0800

Subject: Planning Procedures related to Bentley's Plan for Compliance (updated with PDF
attachment)
From: [email protected]
To: [email protected]; [email protected]
CC: [email protected]; [email protected];
[email protected]; [email protected]; [email protected];
[email protected]
Please disregard and do not forward my earlier email on this subject. This email has
the correct PDF attachment which should open without trouble..

Dear Heather and Darin:

As a follow up to our meeting last week we have questions about the process that is
being followed in the Bentley Noncompliance matter. Weve outlined what we
understand as the process and added some questions and possible actions. We
hope you will review our attachment and comments and then confirm that the matter
of Bentleys definition of Staff and their Plan for Compliance will be decided by a
Major Review and Planning Commission hearing,as you both indicated was likely. .

Thank you for your consideration,

Linda Harris

From:
To:
Cc:
Subject:
Date:

Susan Piper
Klein, Heather; Ranelletti, Darin
Neighbors for Safety in Hiller Highlands; Gardner, Henry
Re: PLEASE double check the veracity of Bentley"s response to your questions
Saturday, December 20, 2014 10:37:30 AM

One error, the report was for 2013-2014, not 2014-2015. Sorry about that.
Sue
On Sat, Dec 20, 2014 at 10:30 AM, Susan Piper <[email protected]> wrote:
Once again, we ask that you not just rely on what Bentley says about it's employees. Even
the report Bentley sent to the California Department of Education differs from what they
told you when they said they only had 83 employees. If you look at the CDE spread sheet
for 2014-15that we left with you when wemet and go to the third page and count down 17
(lines it begins with "37" which is highlighted) it comes to 85 staff when you add the full
time, part time, administrators and other staff, not 83.
We appreciate your asking for more definitive answers from the school before you review
Bentley's Compliance Plan, but experience shows that unless you INDEPENDENTLY
verify the total number of people working at the Hiller campus, we will never know how far
out of compliance the school is, which is the basis for any plan to bring the school back into
compliance.
Thanks for your patience with this process.
-Sue Piper

-Sue Piper

From:
To:
Cc:
Subject:
Date:
Attachments:

linda harris
Klein, Heather
Leila Moncharsh; Neighbors for Safety in Hiller Highlands; Donna Karch; Nadine Prah; Gordon Piper; Sue Piper;
Ranelletti, Darin
Transparency in Bentley Compliance documents
Tuesday, April 21, 2015 3:54:50 PM
Bnetley Financial Statement.pdf
Bnetley Historical Enrollment.pdf

Dear Heather:

We are in the process of reviewing Ann Mudge's 3/13/15 letter outlining Bentley's most recent Compliance
proposal. We received a copy of that letter on 4/15 as a result of Sue Piper's public documents request. I think we
will have additional comments but because the subject is still under review in your office I wanted to again address
the question of the relationship between the inconsistent reporting of staff counts, which now reveal that Bentley has
exceeded CUP staff limits, and Bentley's self reported enrollment counts.

Ann Mudge suggests that the school has made curricular changes including the use of specialists as if that eliminates
the possibility that Bentley has also misreported their enrollment numbers. The use of specialists alone doesn't
actually confirm that the enrollment is within the CUP limit. Schools state their student/staff ratios as a measure of
their quality program. Because Bentley's enrollment numbers, like the staff counts, have been inconsistent and
inaccurate on several reports, the question of enrollment remains. The school still has not provided any supporting
evidence or documents to verify their enrollment and has not volunteered to do so even to provide transparency on
this question. NSHH (Neighbors for Safety in Hiller Highlands) notes that it was only after Bentley was required
to provide the requested detailed reports to the City and neighbors that the extent of their staffing levels violation
became known. Self-reporting without verification has not ensured compliance and has wasted a great deal of City
and neighbor time. It is on Bentley to operate within the CUP but it is incumbent to the City to ensure that they do.
We suggest that the same evidence-based reporting requirement should be applied to the enrollment count now and
each trimester going forward.

In addition to the EMMA report which showed that school employment contracts are one year duration, not two
years as the school reported, the EMMA financial report also shows that Bentley experienced a $2.8 million increase
in tuition and fees revenue for the year ended on June 30, 2014 as compared to the year ended on June 30, 2012.
This financial statement is not broken down by campus; the Oakland Campus enrolls about 53% of the total school
enrollment. I'm attaching the EMMA Report Financial Statement Page 4, which shows the tuition and fees
revenues. This seems like a big jump in revenue in a short time during which Bentley reported only a
slightincrease in enrollment.

Because there are inconsistencies in several reports filed by Bentley which failed to reveal the excess staff over CUP
limits and because student and staff counts are highly correlated even as curricular changes are made, it makes sense
to also confirm the validity of the self reported enrollment numbers. Without supporting evidence for both of these
key CUP conditions, staff and student counts, the measure of compliance and the terms of the compliance plan are
incomplete.

NSHH again recommends that the City complete its own inquiry into the CUP noncompliance by auditing Bentley
enrollment documents in a way that protects personal information but ensures transparency and thorough and
accurate reporting.

Thank you for your consideration,

Linda Harris
on behalf of Neighbors for Safety in Hiller Highlands.