Public-Comment-3-M.-Mackintosh — Fairfax City Council, July 12, 2023

Fw: Pastori Bridge (Privialaged communication)
Marin Town and Country Club <[email protected]> Tue 7/11/2023 9:15 PM
To:Christine Foster <[email protected]>
U 5 attachments (203 KB)
MTCCFOIAPastoriSMR.120523 doc; MTCCFOIAPastoriFEMA.120523.doc; MTCCFOIAPastoriNotices.120523.doc; MTCCFOIAPastoriPMR.120523.doc; 20120523220508393.pdf;
Dear Christine:

Your email address was not included on the first email.

Please include this in the public comments.

Thank you
Michael Mackintosh
From: Marin Town and Country Club
Sent: Tuesday, July 11, 2023 9:08 PM
To: Michele Gardner
Cc: Heather Abrams; [email protected]; [email protected]; Lisel Blash; [email protected]; [email protected]; [email protected] Subject: Fw: Pastori Bridge (Privialaged communication) Dear Heather, Michele, Christine, Loren & Council:

I am writing to request that you pull from the Consent Calendar item #16.

Furthermore, I request that this email along with the attached email from 5/23/2012; and a following email from 6/1/2012; be presented in the public comments file, before tomorrow evening's Council meeting and added to the file currently referred to as "Sir Francis Drake Blvd (Kent Ave Intersection)" and/or any subsequent file incorporating the Pastori Ave Outfall pipe. Printing out the associated PRAS, will better educate the general public and current town staff.

In simple terms, a CEQA permit was issued to the Town of Fairfax for the Pastori Ave Outfall Pipe, before 2012. Afterwards, it was learned that the Town of Fairfax falsely claimed that Fairfax owned the Pastori Ave Bridge. This was later retracted when County recordation supported that the Bridge and the fish ladder below it are "recorded" improvements of the MT&CC LLC.

The CEQA exemption cited in the Pastori Ave outfall pipe permit request, a pipe "of the same size diameter" could be replaced up to 1/4 of a mile. The pipe was over a 1/4 mile and increased from 14"od to 48"od. A 400% increase.

Additionally, a Negative Declaration (Neg-Dec) was falsely submitted, by Fairfax, to the State of California stating Fairfax was not required to file or address a "Streambed Alteration Permit". because creek bed filled with sediment gravel. We advised not to do this type of drilling due to keys. When this was noted, CSW ST2 and Miller Pacific were advised about the over 20' deep incised Fairfax tried to change the design to save a few dollars and move to a shallow spread footing with drilled creek; and support our bridge abutments with widespread Helicals. a firetruck on our side of the bridge when the roadway was closed; not alter our bridge; dewater the After Fairfax capitulated, an agreement was made where Fairfax: could work in the street; would provide language. The bridge was rebuilt in 1927.

The Hinkley(?) and Pacheco Tracts come together down the center of Pastori Ave, 1922. No egress Stakeholder (MT&CC LLC). Ghilotti also required payment in full for their good faith performance. beneath the surface. Pointing this out to Ghilotti Bros, they quit until this was resolved with the RFP, Fairfax falsely claimed that they owned the Bridge and that Fairfax had egress language to work would cause erosion to Wendy Orear's property and structurally compromise our bridge. Reviewing the Fairfax wanted to cut out a 5'x5' area of the Northeast Wing wall of the foundation to our bridge. This (Although currently Pastori Ave is 18' curb to curb, the actual recorded street is 30' curb to curb.) at the council meeting, was no we will not accept the bridge because "It might help you". way they like, with a new fish ladder, belvederes, etc.. The official quote from the then mayor, in public, any further land. We pointed out that with the bridge, they could complete the Pastori Pipe outfall any shopping center, for free. Fairfax then asked how much land south of the bridge. We declined to provide LLC offered to give all the land under the bridge and the land north of the bridge up to the stairs for the was then asked how much land we would give the Town to place the bridge into the program. MT&CC LLC offered to give the bridge, for free, to Fairfax if Fairfax placed the bridge in this program. MT&CC LLC At the then Council meeting, Fairfax declined the grants because MT&CC LLC owned the bridge. MT&CC in the Ross Valley also benefited from this program.
bridge. The 0.5% was for municipalities to oversee the grant. The Meadow Ave bridge and other bridges to oversee the expenditure of the grant money. This translated to 100.5% for the replacement of the a design compliant bridge 30' wide to conform with safety egress standards. Fairfax would be paid $200k to the Town of Fairfax where Fairfax would receive $4m in grants to replace the Pastori Bridge with Sometime before the above referenced problems, Cal Trans' liaison made a presentation, on our behalf, A little history:
designs.

Larkspur, and beyond. Flood district #9 and FEMA need to be advised and incorporated in these Furthermore, adding more volume to the creeks add to the flooding downstream in San Anselmo, creek and the baffles to moderate the velocity.
current discussion are the required hydro-carbon (roadway oil and debris) filters to protect the entering the drainage system. This requires a "Streambed Alteration Permit". Also absent from your current volume, thus increasing the velocity exiting the Pastori Ave outfall pipe by increasing the cf/s By your proposed Kent Ave drain, you are reducing the overall time required to reach the Permit".
increasing the delivery or velocity of water to the drainage system, requires a "Streambed Alteration pipe by 400%. Even if the same water volume is in the watershed, alteration of the outfall pipe or Fairfax was not altering the water entering the creek. Originally Fairfax wanted to increase the outfall liquefaction, safety and torque of the mass of the abutment. Our advice was ignored, which almost cost the life of the hydraulic driller. As advised in advance, the drilling caused the different sized aggregate to walk due to liquefaction. All equipment was crushed. The original abutments holding up our bridge failed and peeled away from the wing wall foundation.

So as to avoid litigation and MTCC sending complaints to the state, a new design was created to bolster and support our bridge. Fairfax paid $186k in additional work as well as lost $200k. This is another example of Fairfax breaking their nose in spite of their face.

Janet Coleson will recall these negotiations.

Fairfax must adhere to the same rules and laws that the rest of us have to conform to. Fairfax needs to protect our creeks.

Thank you for your considerations.

Michael Mackintosh
From: Marin Town and Country Club
Sent: Wednesday, May 23, 2012 8:42 PM
To: [email protected]
Cc: David Weinsoff ; Jim Karpiak; John Reed; Larry Bragman ; Pam Hartwell-Herrero; Ryan ONeil Subject: Pastori Bridge (Privialaged communication)
Dear Michael:

Attached please find 4 FOIAs. Signed copies will be hand delivered to the Town tomorrow.

The Town clerk includes me with the general email blasts advising me of upcoming town events and public meetings. Via this community at large communication I received the Town agendas for May 16, 2012 and May 24, 2012.

On your May 16th, your public notice stated the following:
"CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government code section 54956.8; Property: 40 Pastori Ave., APN# 002-131-11 (Bridge); Negotiating Parties:

Michael Rock on behalf of the Town of Fairfax and Michael Mackintosh, Property Owner; Under Negotiation: Price and terms of payment."
Government Code 54956.8; prohibits your closed session until after you have an open meeting. "Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, I believe at this point; I would be well within my rights to sue the Town of Fairfax for:
been returned.

I have called our Mayor twice in the last two days to try to get some sort of understanding. No calls have stakeholders and the public at large.
reports. I believe that there are code provisions that require timely inclusion to these discussions for the This same information was to be provided to me so I could make input to any and all initial studies and incorporating the improvements to the foundation.
requested information. Your response to my FOIA provided an old map of your plans prior to entering my property, until you fully responded to my 2009 FOIAs. You have failed to provide the trying to drill my soil beneath the bridge. The Town, you, Georgia McDaniel, agreed to hold off from Please recall that in May 2009; the Fairfax Police Department was called out and removed your people conjunction with and/or prior to.
engineers representing Fairfax and the MTCC agreeing that the foundation would have to be repaired in encourage me not to sue you because you would repair the damage. We have had meetings with was not a wear, it was caused from piping of the original pipe. You and the Town have continued to from the bridge into the creek causing and exacerbating erosion. Please recall that the original erosion Town ordered the dropping of large rocks against my bridge, which in turn pushed my foundation away I have asked you and the Town since 2006; to repair the damage the Town of Fairfax created when the Reporting Program, for the Pastori Outfall Replacement Project" negative declaration, adopting findings regarding environmental effects and a Mitigation Monitoring and "A Resolution of the Town Council of the Town of Fairfax approving the initial study and mitigated Pastori Outfall Replacement Project:

Furthermore, your Public Hearing notice for June 6; states:
"Price and Terms of Payments" are for.
negotiations with me, you have not provided me with anything, and I have no knowledge what your Therefore I wonder if this is incompetence or an intentional government code violation. You are not in your attorney and mine.

Emporium Capwell in the amount of $7,000.00. Again you know and you have stated this in front of accepts that the Pastori Bridge is a recorded improvement and that the Bridge was built in 1927 by the Please recall that you have publicly acknowledged that you are fully aware that the County of Marin improvement with the County of Marin, your taking would need to be through a Redevelopment Agency.

Although there is an exception for eminent domain if you cited 54956.9, being that this is a recorded oroceedings pursuant to Section 54956.9. "
a Closed session for discussions regarding eminent domain Nothing in this section shall preclude a local agency from holding renegotiation of a lease.

For purposes of this section, "lease" includes renewal or legislative body of the local agency.

For purposes of this section, negotiators may be members of the whom its negotiators may negotiate.
which the negotiations may concern, and the person or persons with identifies its negotiators, the real property or real properties local agency shall hold an open and public session in which it However, prior to the closed session, the legislative body of the sale, exchange, or lease.

Negligence and damage cause by the rocks the Town of Fairfax dumped against the Pastori Bridge.

Erosion from piping that was not addressed when you expanded the Pastori Drain Pipe.

Interference with my production of income.

Someone at the Town made false statements to the State of California Licensing board regarding ownership of the Pastori Bridge impeeding the gate.

If there is pre-existing information to support you knew these things and intentionally chose to move forward in a reckless manner independent of the Town Council's direction, overstating your authority; this might allow for vacating the indemnification of the insurance that would otherwise indemnify you.

Please recall that insurance does not indemnify intentional acts.

Michael Mackintosh

Marin Town & Country Club
P.O. Box 150870
San Rafael, CA 94915
(415) 453-5800
FAX: (415) 925-1704
EMAIL: [email protected]
Michael Rock
Fairfax Town Manager May 23, 2012
Public Works Director
142 Bolinas Road Surveyed area under and around Pastori Bridge Fairfax, CA 94930 (Requested period January 2009 - June 1, 2012) Dear Mr. Rock:

Pursuant to the Freedom of information Act, (FOIA), I hereby request full disclosure of the following documents for inspection and copying: Any and all: documents, emails, facsimiles, pictures, surveys, studies, permits, plot maps, correspondence, notes including investigative notes, calculations, messages, minutes, reports (please include all, but not limited to, partial, preliminary, and outside reports), etc; Please include all the above material and the information identified on the attached sheet; sent and received to and from any and all individuals and their firms/employers, including but not limited to, subcontractors, independent contractors, engineers, consultants, architects, Town department heads and employees, council members, and any and all other related individuals, firms, agencies; for the Surveyed area under and around the Pastori Bridge located at the end of Pastori Ave, Fairfax; and connecting into the Corte Madera Creek at the Marin Town and Country Club property
(See attached sheet)
As the FOIA requires, please release all reasonably segregable non-exempt portions of documents. To permit me to reach an intelligent and informed decision whether or not to file an administrative appeal of any denied material, please describe any withheld records (or portions thereof) and explain the basis for your exemption claims.

Please notify me in advance of incurring $100.00 in photocopying costs.

To expedite the release of the requested documents (information), please disclose them on an interim basis as they become available to you, without waiting until all the documents have been processed. If you have any questions regarding the identity of the records, their location, the scope of the request, format of this request, or any other matters, please call me at (415) 925- 1518. Ilook forward to receiving your response within the twenty day statutory time period.

Please note; that this FOIA is similar to a FOIA provided to you April 1, 2009. The fact that you did not provide responses with supporting documentation to many items at that time, including but not limited to capacity calculations, will bar you from moving forward Sincerely,
Michael Mackintosh
Surveyed area under and around Pastori Bridge
(Requested penod January 2009 - June 1, 2012)
1) Subcontractor reports
2) Engineering calculations
3) Surveys
4) Studies
5) Plot maps
6) Drawings and renderings
Legal opinions
8) CEQA and related material
9) Initial Study and related material
10) EIR and related material
11) Any and all exemptions
12) Army Corp of Engineers and related material
13) Fish & Game and related material
14) Friends of the Corte Madera Creek
15) California State Resources Control Board and related material 16) Marla Lafer
17) Calculations supporting the increased capacity of the Pastori pipe 18) Documentation supporting that your increased rate of water entry into the creek will not add to flooding
19) Documentation supporting that the increased rate of water entry into the creek will not require a stream bed alteration permit
20) Engineering calculations supporting that the increase to the diameter of the hole through the bridge will not compromise the bridge
21) Easement language entitling subsurface utility egress 22) Insurance for this project
23) Miller Pacific Engineering Group
24) CSW/Stuber-Stroeh Engineering Group
25) Al Cornwell
26) FEMA
27) Any and all funds, monies, and expenses, allocated and/or paid towards this project and/or these irms/companies/architects/engineers/consultants/contractors/independent contractors/ etc. and their totals
28) Identify which accounts these funds were allocated from 29) Georgia McDaniel
30) Jim Karpiak
31) Gregg Gruben
32) Kathie Wilkie
33) Yvonne Roberts
34) Fairfax PD Report # 4108614
Marin Town & Country Club
P.O. Box 150870
San Rafael, CA 94915
(415) 453-5800
FAX: (415) 925-1704
Michael Rock EMAIL: [email protected]
Fairfax Town Manager May 23, 2012
Public Works Director
142 Bolinas Road
Fairfax, CA 94930
Dear Mr. Rock:

14.62 " W. Including the area around the bridge site at approximate: 37 59'.06.57"N, 122 34

58.02 " W.
(See attached sheet)
As the FOIA requires, please release all reasonably segregable non-exempt portions of documents. To permit me to reach an intelligent and informed decision whether or not to file an administrative appeal of any denied material, please describe any withheld records (or portions thereof and explain the basis for your exemption claims.

Please notify me in advance of incurring $100.00 in photocopying costs.

Sincerely,
Michael Mackintosh
FEMA: for the creek adjacent to the Marin Town & Country Club (Requested period January 2009 - June 1,2012)
1) Awards
2) Settlements
3) Agreements
4) Estimates
5) Amounts
6) Subcontractor reports
7) Engineering calculations
8) Surveys
9) Studies
10) Plot maps
11) Drawings and renderings
12) Legal opinions
13) CEQA and related material
14) Initial Study and related material
15) EIR and related material
16) Army Corp of Engineers and related material
17) Fish & Game and related material
18) Friends of the Corte Madera Creck
19) California State Resources Control Board and related material 20) Marla Lafer
21) Calculations supporting the increased capacity of the Pastori pipe 22) Documentation supporting that your increased rate of water entry into the creek will not add to flooding
23) Documentation supporting that the increased rate of water entry into the creek will not require a stream bed alteration permit
24) Engineering calculations supporting that the increase to the diameter of the hole through the bridge will not compromise the bridge
25) Easement language entitling subsurface utility egress 26) Insurance for this project
27) Miller Pacific Engineering Group
28) CSW/Stuber-Stroeh Engineering Group
29) Al Cornwell
30) Any and all funds, monies, and expenses, allocated and/or paid towards this project nd/or these irms/companies/architects/engineers/consultants/contractors/independe ontractors/ etc. and their total
31) Identify which accounts these funds were allocated from 32)
Lim KarMoDaniel
33)
34)
35)
36) Yvonne Roberts
37) Fairfax PD Report # 4108614
Marin Town & Country Club
P.O. Box 150870
San Rafael, CA 94915
(415) 453-5800
FAX: (415) 925-1704
EMAIL: [email protected]
Michael Rock
Fairfax Town Manager May 23, 2012
Public Works Director Agenda Items:
142 Bolinas Road 5/16/2012 Closed Session (Pastori Bridge, Pipe, Outfall) Fairfax, CA 94930 5/24/2012 #2, Discussion/Consideration (Pastori Bridge) 6/02/2012 Pastori Outfall Replacement Project
Dear Mr. Rock:

Pursuant to the Freedom of information Act, (FOIA), I hereby request full disclosure of the following documents for inspection and copying: Any and all: documents, emails, facsimiles, pictures, surveys, studies, permits, plot maps, correspondence, notes including investigative notes, calculations, messages, minutes, reports (please include all, but not limited to, partial, preliminary, and outside reports), etc; Please include all the above material and the information identified on the attached sheet; sent and received to and from any and all individuals and their firms/employers, including but not limited to, subcontractors, independent contractors, engineers, consultants, architects, Town department heads and employees, council members, and any and all other related individuals, firms, agencies; for the above cited agenda items. (See attached sheets)
As the FOIA requires, please release all reasonably segregable non-exempt portions of documents. To permit me to reach an intelligent and informed decision whether or not to file an administrative appeal of any denied material, please describe any withheld records (or portions thereof) and explain the basis for your exemption claims.

Please notify me in advance of incurring $100.00 in photocopying costs.

The fact that you publicly released: "APN# 002-131-11 (Bridge); Negotiating Parties:

Michael Rock on behalf of the Town of Fairfax and Michael Mackintosh, Property Owner; Under Negotiation: Price and terms of payment." Coupled with the fact that you have not included me in any meetings, correspondence, conversations, and that we are not in negotiations; is fraud
Sincerely,
Michael Mackintosh

Marin Town & Country Club
P.O. Box 150870
San Rafael, CA 94915
(415) 453-5800
FAX: (415) 925-1704
EMAIL: [email protected]
Michael Rock
Fairfax Town Manager May 23, 2012
Public Works Director
142 Bolinas Road Pastori Outfall Pipe
Fairfax, CA 94930 (Requested period January 1, 2009 - June 1, 2012) Dear Mr. Rock:

Pursuant to the Freedom of information Act, (FOIA), I hereby request full disclosure of the following documents for inspection and copying: Any and all: documents, emails, facsimiles, pictures, surveys, studies, permits, plot maps, correspondence, notes including investigative notes, calculations, messages, minutes, reports (please include all, but not limited to, partial, preliminary, and outside reports), etc; Please include all the above material and the information identified on the attached sheet; sent and received to and from any and all individuals and their firms/employers, including but not limited to, subcontractors, independent contractors, engineers, consultants, architects, Town department heads and employees, council members, and any and all other related individuals, firms, agencies; for the Pastori Outfall Pipe located at the end of Pastori Ave, Fairfax; and connecting into the Corte Madera Creek at the Marin Town and Country Club property
(See attached sheet)
As the FOIA requires, please release all reasonably segregable non-exempt portions of documents. To permit me to reach an intelligent and informed decision whether or not to file an administrative appeal of any denied material, please describe any withheld records (or portions thereof) and explain the basis for your exemption claims.

Please notify me in advance of incurring $100.00 in photocopying costs.

Sincerely,
Michael Mackintosh
Pastori Outfall Pipe
(Requested period January 1, 2009 - June 1, 2012)
1) Subcontractor reports
2) Engineering calculations
3) Surveys
4) Studies
5) Plot maps
6) Drawings and renderings
7) Legal opinions
8) CEQA and related material
9) Initial Study and related material
10) EIR and related material
11) Any and all exemptions
12) Army Corp of Engineers and related material
13) Fish & Game and related material
14) Friends of the Corte Madera Creek
15) California State Resources Control Board and related material 16) Marla Lafer
17) Calculations supporting the increased capacity of the Pastori pipe 18) Documentation supporting that your increased rate of water entry into the creek will not add to flooding
19) Documentation supporting that the increased rate of water entry into the creek will not require a stream bed alteration permit
20) Engineering calculations supporting that the increase to the diameter of the hole through the bridge will not compromise the bridge
21) Easement language entitling subsurface utility egress 22) Insurance for this project
23) Miller Pacific Engineering Group
24) CSW/Stuber-Stroeh Engineering Group
25) Al Cornwell
26) FEMA
27) Any and all funds, monies, and expenses, allocated and/or paid towards this project and/or these irms/companies/architects/engineers/consultants/contractors/independent contractors/ etc. and their totals
28) Identify which accounts these funds were allocated from 29)
30)
31)
32)
33)
34) Fairfax PD Report #4108614

FAIRFAX,

TOWNOF FAIRFAX
142 BOLINAS ROAD, FAIRFAX, CALIFORNIA 94930
NCORPORATED 1931 (415)453-1584/FAX (415) 453-1618

TOWN OF FAIRFAX

TOWN COUNCIL

MEETING AGENDA
7:00 PM, WEDNESDAY JUNE 6, 2012
FAIRFAX WOMEN'S CLUB, 46 PARK ROAD

PUBLIC HEARING ITEMS
Pastori Outfall Replacement Project;
Negative Declaration, adopting findings regarding environmental effects and a Mitigation Monitoring A Resolution of the Town Council of the Town of Fairfax approving the Initial Study and Mitigated and Reporting Program, for the Pastori Outfall Replacement Project All interested persons are invited to attend and participate in the public hearings. In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the address; (4) State views and concerns succinctly; (5) Documents presented at the meeting must be submitted audience should (1) Limit presentation to three minutes; (2) Always address the Mayor; (3) State name and first to the Town Clerk, to be entered into the record.

Town Hall after 5:00 PM on the Friday before the meeting and on-line at the Town of Fairfax website. Staff Reports: Staff reports and associated materials will be available for public review at the front counter in those issues you or someone else raised at the public hearing described in this notice, or in written Court Challenges: If you challenge in court the matters) described above, you may be limited to raising only you need accommodation to attend or participate in this meeting due to a disability, please contact the Town correspondence delivered at, or prior to the above referenced public hearing [Govt. Code section 65009(b)). If Clerk at (415)453-1584.

Women's Club and Town Hall. Some items shown on this notice may be placed on the consent The Final Agenda will be posted on the Friday evening before the hearing at the Fairfax Post Office, the calendar or be taken out of order so all interested parties should be at the meeting promptly at 7:00 Notices will not be sent out for items continued to a specific hearing date. If an item is continued, it is the responsibility of interested parties to note the new meeting date.

This public hearing was noticed in accordance with Government Code Section 65091 et seq. on or before May 17, 2012, at the three locations cited above.

Date: 5/17/12
Senior Planner
NOTICES/notice. 1_13_11/n
Printed on Recycled Paper

Fairfax City CouncilJuly 12, 2023

Fairfax City Council
July 12, 2023