From: David Olson
Sent: Tuesday, July 5, 2022 1:59 PM
To: Distrib- City Clerk <[email protected]> Subject: Baypoint Lagoons Assessment District 07/05/2022 SRCC Discussion San Rafael City Council,
The District Contract was only funded through FY1992/1993 per the signed consent of the owner/developer. Since then the City has been in breach of contract and only continued assessments because of false claims and efforts by the SRDPW which has continued to mislead the City Council each year. The City’s legal department has also mislead the City Council through obfuscation and prevarication in attempts to provide plausible deniability to any wrong doing. They have duped the City Council.
The current District must cease to exist immediately as it is not valid as stated above and further explained below.
Should the City wish to have a District, a new or revised District should be formed between the City and those owners wishing to participate. This new District most likely would consist of the 44 on-lagoon owners of Baypoint Lagoons and roughly 40 on-lagoon owners of Spinnaker Point. Additional off-lagoon owners could be included if they so wish.
The Baypoint Lagoons Assessment District was formed pursuant to the Landscaping and Lighting Act of 1972, and per Resolution 8221 and 8224 (attached) as unanimously approved by the San Rafael City Council on the 20th day of August, 1990, for the purpose of the following improvements:
Creating, maintaining and monitoring open space habitat in accordance with Phase I of the WATER MANAGEMENT PLAN FOR THE LAGOON AT SPINNAKER-ON-THE-BAY, SAN RAFAEL, CALIFORNIA, as prepared by Western Ecological Services Company, Inc., dated December 7, 1989.
Of particular importance is Item 3. of RESOLUTION 8224 as it clearly states that the owner (developer) only consented to the assessments contained in the formation Engineer’s Report (attached). “3. Owners of all land within the boundaries of the proposed assessment district have filed their consent to the formation of the proposed district without notice of hearing, and to the adoption of the Engineer’s Report and the levy of assessments stated therein.” Part B of the formation Engineer’s Report mentioned above is the estimate of the cost of the improvements and assessments which is summarized as follows:
• First Year scope and cost $46,140
• Second Year scope and cost $25,442
• Third Year scope and cost $26,946 (Divided by 193 Lots = 131.44/lot) Here is the problem that the subsequent and current owners have:
The City Council has been misled by the Department of Public Works since 1993 into approving assessments against the 193 lots with Baypoint Lagoons, beyond the assessments consented to in the formation of the District. Each owner has been charged $131.44 each year for 29 years, or $3,811.76.
Each year in total the City has assessed $25,367.92 beyond the amount consented to in the formation of the District. The City has illegally collected $735,669.68 through FY1993/2022.
There was no way for the City Council to know, except in 1994 City Council hearings when due to a written protest by the developer, Mayor Boro asked for clarification from the SRDPW and from owners as to whether the District was for three years or permanent. The developer did not attend any of the hearings. Several owners responded that they understood that the District was for three years, but neither the owners or the City Council were aware of the Resolution 8224 and the consent agreement limiting the assessments as explained above. Mayor Boro received a false response from the SRDPW that “as far as he was concerned the district was permanent” and agreed to extend the assessments for another year, but at the same rate.
We are 193 owners, most of whom including me bought our homes after FY1992/1993.
I have attached the most pertinent documents.
1.) Estimate of Cost - Assessments approved by Resolution 8224 item 3 (Assessment amounts and 3 year duration)
2.) Resolution 8224 - As approved by City Council in 1990
3.) Consent of Owner/Developer in 1990
4.) Implementation Of Water Management Plan - for context only (3 years)
5.) Pamphlet given to new owners on purchase of lots from developer - for context only (3 years) David Olson
San Rafael, CA 94901
<Baypoint Lagoons LLAD.pdf>
· 8~10/NT LAG«JN$ IISSESrlllllf/)J511/C'J
i- F.1t•11T10N•ENI/N1R.'S RI POl:T'
Plan review and insoect
Moni: or application~ of Rodeo
Moni~or Pickle~aed
Moni:or Water quality
Moni:or Salt Marsh Harvest Mouse
Data analysis and reporting
Total Phase I Cost
F:=s~ Yea= Contingency
20% of $28,450
Fi =s~ Yea= I ncidental £xpense
Engi~ee='s Report
City Engineer - revie~
L
Fi=st Year Assass=ent
J)URftTJOM
23450
5690
6000
2000
3000
500
500
$46140
======
Second Third
Year Year
1512 l :i
0 0
2300 2645
8400 8820
3570 3750
~ 10143
25442 6i~J
FflN¥
&
ClT'I RPPROVIIL
RESOLUTION NO. 8224
RESOLUTION ORDERING IMPROVEMENTS
BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT
(Pursuant to the Landscaping and Lighting Act of 1972)
The city Council of the City of San Rafael resolves:
1 . On this date the City Council adopted its Resolution Initiating Proceedings for the format ion of Baypoint Lagoons Landscaping and Light ing District and directed the preparation and filing of an Engineer's Report on the proposed formation.
2. The Engineer for the proceedings has filed an
Engineer's Report with the City Clerk.
3 . Owners of a I ~and within the boundaries of the
proposed assessment district have filed their consent to the formation for the proposed district without notice of hearing, and to the tdoption of the Engineer's Report and the levy of assessments stated therein.
4. The City Council hereby orders the improvements and
the formation of the assessment district described in the Resolution Initiating Proceedings and in t he Engineer' s Report.
5. The city council hereby confirms the diagram and
assessment contained in the Engineer's Report, and levies the assessment for the fiscal year 1990-91.
* * *
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resol ution was duly and regularly introduced and adopted at a regular meeting of the council of said City held on the 20th day of August, 1990, by the following vote, to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan COUNCILMEMBERS: None
COUNCILMEMBERS: None
C.f)NSENr
LI\JIOOlmER COIISEllT TO
f'ORMATIO?I OF MAI N'rEN,\l~CE DISTRICT
DAYPOINT LAGOONS L/\.NDSCl'iPING MIO LIGHTING DISTRICT
CIT 'i OF SAN RAFAEL, 1".ARIU COUUT'l , CALJFOR!llA
(Pu r suant to the Lan d scap ing and Lighting Ac t of 1972 )
1. The undersigned are the o.ncrs of the land described as Baypoint Lagoons Landscapi ng and Lig hting District, City of s ~n Rafael , Californ ia.
2. Tho undorsiqnod hereby request ond cons e nt to the
fo~nt io!" of a 1'114l intena nce district purs\.la nt to the Landscaping and Lighti ng Act o f 1972 (Sections 22500 and fol l owing , Ca l i fornia Streets a nd Highways Code) for t he p urpose of providi ng t ho fol l o~ing improvements:
Creat i ng, ma i ntain ing a nd monitoring open s pace h a blt~t i n accorc!.'.lnce with Ph ase I of t he WATER MANACE.'IENT PLJ\11 FOR THE LACOOH J.T Si'I Wi/\l<ER- Oll- TIIE-SA '{, SAIi RJ\F1\ EL , CALIFORNIA , as praFa red by ~lestern Ecological Services Co~pany , Inc. , datod Docombor 7, 1989 .
J. The un dorci9nod h oroby wnlvo t h o noti ce of publ i c hoaring othorwico roqu.irod by tho U>ndccop i ng .ind Li ghti ng Act or 1972 for the formation o f t h e mn i nto nanc o d j ntri ct and t h e .i.doption of tho first annual b udgot, ~nd tho undor oign cd further conccn c t o tho approval by tho City Co u nc il o f t h o City oC .'.,..1 11 RJ(,wl o f the , Enginoor ' c Ropo:t a copy of which hac boon r eviewed b y the u nd crci gr.c d.
Spi nnaker Point Deve l o pment , I nc.
:\ ~--==-:::-:::,-=---- J-J -- --- ~ R. Horne
:@J
Ii
WlfTlR ,,,~-B,11#11 Pl.II /I {t'll'f•l2•01)
. .
G/IMPLE;.~A~o})
A landscaping and lighting district, as provided by the Landscaping and Lighting Act of 1972, will provide funding for the lagoon management program. Implementation of the landscaping and lighting district will take place in the following sequence:
I) An engineer's report will be obtained outlining the boundaries of the district and providing an engineer's cost estimate of the improvement and maintenance of the lagoon.
Spinnaker Point Development, Inc. will make a formal offer of dedication of the lagoon to the City of San Rafael.
Acceptance of the lagoon will take place on a date to be determined by the City.
Necessary documents and resolutions will be prepared, and within 2 weeks a complete package will be submitted to the City.
Before the close of escrow of the first Spinnaker-on-the-Bay townhome, the district will be approved by the City Council.
Spinnaker Point Development, Inc. is responsible for certain costs of improving the lagoon.
Prior to the issuance of building permits the developer will bond for these improvements, thus ensuring their completion. The amount to be bonded will have been determined as part of Step 1, above. Spinnaker Point Development, Inc. will bond for the following Phase I costs listed in Table C-1:
• Removal of all pampas grass
• Monitoring first year applications of ~
• Planting of native vegetation
• Staff gage installation
~ Additionally, if at the end of the 3 Phase monito he City, under advise k ~m the Wetlands A vISor omm1ttee, ec1 es 1 1s necessary to ms t e diffuser mechanism as outlined by WESCO (Appendix B), the developer will be responsible for all capital costs involved.
The develo er will be t a bond for this improvement consistent with 's • ~ Iii.-.-.
The wetlands to the east of the lagoon will remain in private ownership. will fund any necessary maintenance of these wetlands.
6.2 MANAGEMENT
The current owners i
Implementation of the proposed non-capital improvement maintenance and management program will involve coordination and resolution of five potentially conflicting management objectives: J) flood control; 2) water quality assurance; 3) habitat protection; 4) mosquito control; and 5) visual and aesthetic considerations. Conflicts could potentially arise, for instance, if it was requested that water levels in the lagoon be raised with Bay water for mosquito control. This is likely to result in concerns for waterfowl or flood storage. Consultation and coordination will thus be required among several responsible management ag,encies, including the City's Department of Public Works, Parks and Recreation and the Marin-Sonoma Mosquito Abatement District. Occasionally, the CDFG or the R WQCB may have to be consulted or notified if, for instance, emergency algicide or herbicide use is necessary. Hopefully these conflicts can be handled through consultation with the Wetlands Advisory Committee which consists of representatives of most of these agencies. 34 WILDLIFE HABITAT
PRESERVATION EFFORTS
AT THE
SPINNAKER POINT LAGOON
AND WETLANDS
t
)
·i
...,
....
'
'""
""
/
,
I
.\
~
1)
~½ __ ,.....-::::::-
;Jr-·
--t->~ .. .. -- - .
,,·,•c1S:~
J ~ Tp J.,- =-,.
-
~
;· ., ,,-,:;. ~ ~-. ~ - ~ ' . i ~71/
- -~-. ... -....
~~ __ ;::-:,. - -- ') - ✓. -- -- · .._ _ ....
: .- : I • ~ - ~, :-:-~, '- I , ;.') ;
' ; - I - -~
J •l ) I - . - . ,
J
The lagoon and wetland areas at Spinnaker
Point are located on the edge of San Francisco
Bay's shoreline mosaic of marshlands, mudflats.
and wetland/ upland transition zones. Although
the Spinnaker project area has been altered by
diking, deposition of dredge material,
construction, and other human activities, the
fresh/ brackish water lagoon and salt marsh
areas have retained a high wildlife habitat value.
Such habitats are rare adjacent to the Bay,
end represent one of the most severely
depleted, yet highly valued wetland habitats
In the entire Bay system. The wetland areas in
San Rafael are particular1y important as feeding
areas for the heronry on West Marin Island, the
largest nesting colony In the Bay, located Just
off-shore of Spinnaker Point
This pamphlet Yt'3S prepared to provide the
homeowners and residents at Spinnaker
Point/ Bay Point Lagoons with background
information concerning the history, habitat
value, and management goals of the lagoon and
wetland areas adjacent to the housing
development
Spinnaker Point Site History
The lagoon and diked wetland at Spinnaker
Point were created in the earty 196CJ's. Once
the levees around the property were completed,
the lagoon was dredged from the marsh, using
the spols to form the existing lagoon banks and
islands. A pump was also installed as part of
the public improvements for a proposed 727
unit residential development. Allhough the
original housing project was never completed,
the roads and sidewalks were constructed long
before the Spinnaker Point/ Baypoint Lagoons
residential development was proposed.
As a condition of the Environmental impact
Report for the later project. a Water
---~~
Management Plan was prepared. Due to~,~~ @
Jack of existing water quality data, a Phase I
: ~onitoring Program for 1990 through 1992 was
developed. Based on the data collected during
this period. adjustments are to be made
accordingly and a Phase II Monitoring Program
will be Initiated In 1993.
The following are the components of the
Water Management Plan which are monitored
under the Phase I Program:
• Landscaping Plan Development
• Invasive exotic plant species eradication
(pampas grass, Scotch broom, French
broom, and fennel), Including herbicide
applications, as necessary
• Salt marsh harvest mouse population
assessments
• Vitality evaluations of plckleweed and other
Important wetland habitat plant species
within the diked wetland east of the lagoon
• Regular assessments of the lagoon's water
quality
Environmental Importance
Lagoon
The 20 acre lagoon at Spinnaker Point
Includes approximately 14.8 surface acres of
open water and 5.2 acres of islands and
shoreline vegetation. The lagoon ranges from 3
to 6 feet In depth (approximately 59 acre-feet of
water). The lagoon's inHow Is largely freshwater
derived as stormwater runoff from the
surrounding 108 acre drainage area. Small
quantities of fresh groundwater also Infiltrate the
lagoon.
The lagoon serves as a stormwater
·etention pond for the development area with
txcess water pumped to San Rafael Bay. For
·veral years, this pump system was also used
o add Bay water to the lagoon for summertime
1ter elevation control and water exchange.
The key water quality parameters for the
agoon are salinity, nutrient loading, petroleum
·esldue contamination, and trash. The aesthetic
. lue of the lagoon Is also considered. The
;ontrol of water salinity Is Important for the
1terfowt which use the lagoon as a drinking
•ater source. Duck1Ings require fresh water for
jrJnking untH their salt glands fully develop.
1 rlnklng salt water prior to salt gland
jevelopment Is known to cause mortality
tnd/ or reduced growth rates. Adult birds also
;eek out sources of fresh drinking water even
hough their salt glands are fully developed.
The other water quality parameters are
nonitored to aid In the management of the
goon which receives urban associated
:ontaminants (automobUe emissions, spills,
sh. etc.). These contaminants are deposited
·lthin the drainage area and carried with
,tormflows to the lagoon.
Diked Wetland Areas
The 16.6 acre diked wetland area
mmediately east of the lagoon Is separated
rom the lagoon by a small levee. The primary
~ater source for this area Is rainfall, although
caslonal opening of the ftapgate Installed
,ithln the outfall culvert has. at times, allowed
,e backflow of Bay water Into the wetland .
his wetland, as well as the wetland perimeters
f the lagoon, offer Important regional wildlife
abitat.
........
On-going small mammal studies have
revealed the presence of the State and Federal
listed endangered salt marsh harvest mouse.
Suitable habitat for this species covers an
estimated 1.8 acres around the lagoon and
near1y all of the adjacent diked wetland.
Additionally, the Marin Audubon Society reports
that black-necked stills nest wllhln the diked
wetland. Flooding of the weUands Is considered
to be detrimental to the survival of both these
species. whHe prolonged Inundation adversely
impacts the marsh vegetation. Although the
restoration of tidal action wood greatly enhance
the diked wetland habitat. It would be difficult to
achieve due to its subsided condition. Given
this problem, inflow of Bay water to the wetland
must be carefully managed.
Management Goals
.!.fil2QQ.n
The Management under Phase I of the
current Water Management Plan is to operate
the lagoon as a fresh/ brackish water
ecosystem The viablity of the lagoon under
this management will be evaluated at the end of
the Phase I Monitoring Period. The goals of this
management practice are as follows:
• Maintain an aesthetic lagoon setting while
providing a tresh/ brackish water source for
local and migratory waterfowl. The
extensive growth of aquatic vegetation has
been noted; management practices to
control such growth will be addressed in
the Phase II Program, as needed.
• Provide a feeding. nesting, and resting area
for waterfowt by enhancing the native plant
habitat along the shores and allowing some
growth of natural vegetation within the
waters of the lagoon. The natural
evaporative reduction of the lagoon water
--·
® level during the summer provk:Jes feeding
areas for wading shore birds. These
management practices will also be reviewed
for the Phase II Program. /'
Diked Wetland
The management goals of the diked
wetland area are stUI In the developmental
stage. The uncontrolled flooding of the wetland
has been curbed, allowing for Increased native
plant growth. and vigor. Data gathered during
the Phase I Program will aid In the management
of this area.
Habitat Enhancement
A landscape plan for the lagoon and Island
areas was prepared In 1990. The Intent of this
plan Is to provide aesthetic value for the lagoon
area whHe enhancing the wildlife habitat. The
management goals contained In the landscape
plan are as follows:
• Removal of exotic plant species (pampas
grass, broom, and fennel) from sensitive
habitat areas adjacent to the lagoon and
wetlands. This aspect of the plan Includes
monitoring the type and application of any
herbic ide used within sensitive habitat
areas, Insuring lagoon water quality., and
animal/native plant protection.
• Revegetate the areas of exotic plant species
removal with native plants, which provide a
greater habitat value.
This document was prepared by:
Western Ecological Services Company, Inc
Novato, California
for:
~
~
Spinnaker Point and Baypolnt lagoons Homeowners
Assoetahons. San Rafael California
n ~,
l
I
(
.
I
•
I
(
I
I
i'
I
i1
\
'· }
f '·
\
I
. i
1 l
From: Joe Simmons
Sent: Tuesday, July 5, 2022 2:15 PM
To: Distrib- City Clerk <[email protected]> Cc: Connie Lathrop DonF Linda Esposito
Maryline Lewett
Subject: Comments for Baypoint Lagoons Landscaping and Lighting District Public Hearing After reading the engineers’s report for the district, I have questions related to the east lagoon, where I live, and which is included as a responsibility for maintenance.
1. I saw no reference to suggested planing for the east lagoon, where about 3/4 of the area is now covered with algae. It would be helpful if that is addressed at the hearing.
2. It appears that the intake valve is not letting more water into the lagoon at high tide. According to information supplied by Bill Guerin year, the city unclogged the valve allowing more water to enter the lagoon, and that was, at least, helpful for a period of time. Is this issue part of any plan to respond to the algae buildup and odor source for the east lagoon?
Thank you for providing updates and information on this topic, which, as I’m sure you know, is of great concern to us living along the lagoon, as well as the many San Rafael residents who use the Starkweather trail.
Ellis “Joe” Simmons