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Home My WebLink AboutPW Baypoint Lagoons Assessment DistrictCITY OF Agenda Item No: 9 Meeting Date: July 20, 2009 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Pub 's Prepared by. City Manager Approval: eeto ublic Works File No.: 03.01.174.07 SUBJECT: Baypoint Lagoon Landscaping and Lighting District's Annual Report RECOMMENDATION: Staff recommends the following actions: a. Adopt Resolution Directing Filing of Engineer's Annual Report 2009/2010 b. Adopt Resolution Approving Engineer's Annual Report 2009/2010 c. Adopt Resolution of Intention to Order Improvements and Setting Public Hearing on Annual Assessment for City Council Meeting on August 3, 2009. BACKGROUND: The Baypoint Lagoons Lighting and Landscape District was formed to protect and enhance wildlife habitat and water quality in the Baypoint (Spinnaker) Lagoon and the adjacent diked salt march. Members of the District (homeowners in the neighboring development) contribute fluids each year. In order to comply with provisions of the Landscaping and Lighting Act, the City Council must take certain actions on an annual basis. Assessments collected by the District must be allocated annually after an appropriate public hearing, to be held this year on August 3, 2009. In past years, a contractor removed cattails and other non-native species from the lagoon. Public Works Streets Division personnel also adjusted the lagoon water level seasonally to enhance native plant and animal species habitat. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The removal of non-native species was suspended over the past two years at the request of District members in order to build up sufficient funds to install motor controls at the Cayes Storm Water Pump Station. Once installed, the controls will automatically monitor/adjust water quality and water levels. Staff agrees with the request, which is addressed in the annual report from CSW/Stuber-Stroeh Engineering Group, Inc. ANALYSIS: There is no increase in the annual assessment. FISCAL IMPACT: None OPTIONS: N/A ACTION REQUIRED: Adopt Resolutions (3) Enclosures: RESOLUTION NO. RESOLUTION DIRECTING FILING OF ENGINEER'S ANNUAL REPORT 2009/2010 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. CSW/Stuber-Stroeh Engineering Group, Inc. is designated by this Council as the Engineer of Work for Baypoint Lagoons Landscaping and Lighting District, City of San Rafael, Marin County, California, and is hereby directed to file an annual report for fiscal year 2009-2010 in accordance with the provisions of the Landscaping and Lighting Act of 1972. 2. This resolution is adopted pursuant to Section 22622 of the Streets and Highways Code. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 20`x' day of July, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk File No.: 03.01.174.07 RESOLUTION NO. RESOLUTION APPROVING ENGINEER'S ANNUAL REPORT 2009/2010 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. CSW/Stuber-Stroeh Engineering Group, Inc. as designated Engineer of Work for Baypoint Lagoons Landscaping and Lighting District has filed with the City Clerk an Engineer's Annual Report for fiscal year 2009-2010 in accordance with the provisions of the Landscaping and Lighting Act of 1972. 2. The aforementioned Engineer's Annual Report, on file with the City Clerk, is approved as filed. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 20`x' day of July, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk RESOLUTION NO. RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND SETTING PUBLIC HEARING ON ANNUAL ASSESSMENT FOR CITY COUNCIL MEETING ON AUGUST 3, 2009 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. The City Council intends to levy and collect assessments within Baypoint Lagoons Landscaping and Lighting District, City of San Rafael, Marin County, California, during the fiscal year 2009-2010. The area of land to be assessed is located in the City of San Rafael, Marin County. 2. The improvements to be made in this assessment district are generally described as follows: Creating, maintaining and monitoring open space habitat. Each year for the foreseeable future, cattail and non-native plant removal will be undertaken to enhance the habitat. In the future, a monitoring assessment will be completed to document the effectiveness of the removal effort. The monitoring will be done in accordance with the proposal for SPINNAKER LAGOON MANAGEMENT, as prepared by Resource Management International, Inc. previously known as Western Ecological Services Company, Inc., dated February 25, 1998, and the letter dated November 28, 1999 by Wetlands Research Associates. A future Report will reflect anticipated costs to provide funds for the monitoring program necessary to demonstrate the contingent viability of the diked marsh area. Future monitoring is the best way to demonstrate to interested agencies the success of the mitigation program that is the responsibility of the District. In concert with this, motor controls will be installed at the Cayes Pump Station to better regulate the levels in the Lagoon. 3. In accordance with this Council's resolution directing the filing of an Engineer's Annual Report, CSW/Stuber-Stroeh Engineering Group, Inc., Engineer of Work, has filed with the City Clerk the report required by the Landscaping and Lighting Act of 1972. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district and the proposed assessments upon assessable lots and parcels of land within the assessment district. year. 4. The proposed assessment does not increase the assessment from the previous 5. On Monday, the 3rd day of August, 2009 at the hour of 8:00 o'clock P.M., the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held at the meeting place of the City Council located in the Chambers of the City Council, 1400 Fifth Avenue, San Rafael, California. 6. The City Clerk is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972 by publishing a copy of this resolution once in the Marin Independent Journal, publication to be completed not less than ten (10) days before August 3' 2009. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 20th day of July, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ESTHER C. BEIRNE, City Clerk