From: David Olson
Sent: Sunday, June 14, 2026 3:46 PM
To: Distrib- City Clerk <[email protected]> Cc: Dave Olson
Subject: Baypoint Lagoons Assessment District 06/15/2026 SRCC Discussion Please add my correspondence to the Monday City Council Meeting as the latest City Council Members are not aware of, but should be made aware of the facts regarding the Baypoint Lagoons Assessment District.
You, the City Council, should not be approving the continuation of the Assessment District.
David Olson
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