Ross Declares El Niño Emergency, Hands Manager Fast-Track Storm Contracting

Bracing for a forecast severe El Niño winter, the Ross Town Council unanimously declared a local emergency that lets the town manager sign storm contracts without competitive bidding. The council also appointed a new town treasurer, approved two residential projects including hillside retaining walls, and cleared the way for a privately funded historical plaque walk.

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• El Niño emergency declared 5-0, giving the town manager authority to award contracts without competitive bids
• $1.5M emergency reserve, untouched for decades, is available if storm costs mount
• Corey Saft appointed town treasurer, filling a vacancy left when Jeffrey Kuhn joined the council
• 15 Morrison retaining walls approved 5-0 to stabilize a sliding hillside; 3 Southwood garage passes 4-0-1
• Historical Society plaques approved for five town sites at no cost to the town
• Salter's citizen-committee push moves toward scheduling; his term-limits idea finds no support

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Storm Season Prompts Emergency Powers

Why it matters: Forecasts give a greater than 90% chance of a very strong El Niño. Resolution 2651 lets Ross move quickly on storm work and positions the town for state and federal cost reimbursement.

Where things stand: Town Manager Christa Johnson said the governor issued a statewide emergency proclamation in September. Under California Public Contract Code Section 20168, waiving competitive bidding during an emergency requires a four-fifths council vote.

The resolution delegates emergency contracting to the town manager and allows change orders of up to 15%. It also designates the mayor as director of emergency services and directs staff to coordinate with Cal OES, the state's emergency services office, and FEMA.

The money behind it: Johnson pointed to a long-standing cushion. "The town council has set aside a nice reserve for emergencies, $1.5 million that was set up, I believe, in the mid-1990s and the council has not touched," said Town Manager Christa Johnson.

Guardrails: A councilmember asked about oversight of the mayor's emergency role. Town Attorney Ben Stock of Burke Williams said emergency contracts and any mayoral orders must return to the full council. "It's the town manager who approves that contract, and that has to be brought back to the council at its next available council meeting for ratification by the whole council," Stock said.

State law also requires the council to review the emergency every 60 days. Johnson noted that the council's Jan. 14 meeting date complicates that calendar.

Decisions and stakeholder impacts: The resolution passed (For: 5 — Mayor Julie McMillan, Mayor Pro Tem Elizabeth Robbins, Councilmember Teri Dowling, Councilmember Mathew Salter, Councilmember Jeffrey Kuhn; Against: 0; Absent: 0), clearing the four-fifths threshold. Kuhn moved the resolution and Robbins seconded it.

"We'd be nuts not to do this," said Councilmember Jeffrey Kuhn. Mayor McMillan noted that nearly every Marin jurisdiction had already taken similar action.

For residents, the change means faster debris, creek and drainage response if storms hit. Contractors may see quicker, noncompetitive awards. Council ratification is the main accountability check, so the public record will build meeting by meeting.

Earlier prep: In his report, Johnson said county flood-control staff walked the town's three creeks with Ross staff and found them free of obstructions. "The county experts, the flood control experts, gave town staff and our creeks an A+," Johnson said. She also reported a fish ladder assessment and a county-funded upgrade to the 211 information line. She cautioned that the applicant pool for the vacant public works director job is thin.

What's next: Any emergency contracts will return to the council for ratification at its next meeting. The emergency itself must be reviewed every 60 days.

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Two Home Projects Clear Council

Why it matters: Both projects are routine on paper. The 15 Morrison hearing, however, showed how Ross now handles engineering review without an engineer on staff.

3 Southwood: The applicant will demolish a 440-square-foot carport and replace it with a 440-square-foot enclosed garage that includes 60 square feet of pool equipment space. "A variance is required to exceed the allowed floor area by 60 square feet for the pool equipment room," said Planning & Building Director Roberta Feliciano.

The town's Architectural Design Review group backed the project 5-0. That support came after the applicant reduced the building's height and size and removed windows on the south side.

Mayor Pro Tem Robbins stepped away from the item because she lives within 500 feet of the property. Resolution 2653 passed 4-0-1 (For: McMillan, Dowling, Salter, Kuhn; Against: 0; Recused: Robbins). Dowling moved the resolution and Kuhn seconded it.

15 Morrison: The owners plan two terraced retaining walls, 4 to 6 feet tall and more than 100 feet long, to address a sliding hillside. The project required design review and a hillside lot permit. One design review member suggested darker concrete, but the applicant declined.

The other side: Councilmember Salter pressed on how the town verifies structural safety. "Obviously in the past we did have an engineer on staff in Public Works, but we don't anymore," Salter said. Staff answered that contract engineers from CSG review the plans at the building permit stage.

Decisions and stakeholder impacts: Resolution 2654 passed 5-0, with Dowling moving and Robbins seconding. Mayor McMillan called for the work to move quickly. Neighbors downslope stand to gain from stabilization. The town's reliance on outside engineers, combined with a thin public works hiring pool, is worth watching as storm season arrives.

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New Treasurer Sworn In

Where things stand: The town received two applications for treasurer, an appointed post. The Finance Subcommittee interviewed both candidates on Nov. 2 and recommended Corey Saft.

Johnson described Saft as the owner and managing partner of an SEC-registered investment firm in Mill Valley and a certified financial planner. She said he lives in Ross and passed a background check. The post had been vacant since Kuhn joined the council.

Saft said he wants to support review of the budget and the town's goals. "I really look at this as an opportunity to help the town," said Town Treasurer Corey Saft.

Decisions and stakeholder impacts: Resolution 2655 passed 5-0, with Robbins moving and Salter seconding. Saft took the oath at the meeting. The appointment restores an independent financial adviser ahead of budget work.

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History Walk Plaques Get the Nod

The basics: The Ross Historical Society plans a "Ross History Walk." It will use 5-by-9-inch aluminum plaques with QR codes that link to the society's web pages.

Where things stand: Tom Gaffney of the Ross Historical Society presented 17 potential sites, five of them on town property. The first phase would include five or six plaques, and the town's Architectural Design Review group has approved the design. The society and the Ross Property Owners Association will cover all costs. "There's going to be no financial impact to the town. We'll pay for it all," Gaffney said.

The other side: Councilmember Salter asked whether the town website could host the pages, noting that "somebody has to pay for that hosting." Gaffney said he preferred that the society maintain the pages. Mayor McMillan suggested exploring the idea further. Other council members asked about a printed map and an opening event.

Decisions and stakeholder impacts: The council authorized plaques on five town-owned sites, in consultation with staff, by a 5-0 vote. Dowling moved the item and Kuhn seconded it. The result is a free self-guided heritage tour downtown. Website hosting and long-term maintenance remain unresolved.

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Committees, Term Limits and Post Office Safety

Where things stand: Councilmember Salter proposed temporary citizen committees on topics such as the Ross Common, "focusing on community fundraising and thinking about our new fire station."

Town Attorney Stock explained a legal limit on that idea. Ad hoc committees must have fewer council members than a quorum. Committees that include members of the public are different. "Those are standing committees subject to the Brown Act," Stock said, referring to California's open-meetings law.

Johnson said two council members can request an agenda item. She added that the mayor and mayor pro tem set the schedule with the manager, and that she needs time to develop options. Robbins supported holding the discussion.

The other side: Salter also raised term limits. "I don't support bringing it up, but maybe somebody else would," said Mayor Pro Tem Robbins. No other member backed the idea, so Salter agreed to wait for the new council.

Post office pressure: Councilmember Dowling relayed resident complaints about red-zone parking, U-turns near the school and a blind curve. "We continue to have people say, can you please have more signs that are 15 minutes so people can run into the post office?" Dowling said.

Robbins raised daylighting the crosswalk, which means clearing parking near it to improve sightlines. Mayor McMillan proposed blinking beacons or in-pavement lights. "It's not really parking, but it's safety in the crosswalk," McMillan said.

What's next: No action was taken. Salter wants the committee discussion in December, but scheduling rests with the mayor, the mayor pro tem and the manager. Johnson said a downtown parking study is already on the town's list.

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• Consent agenda: Nine items passed 5-0, with Dowling moving and Kuhn seconding.
• Fire JPA demand: Public commenter Michael Rosenbaum asked the council to publicly agendize the town's legal position, its options of renegotiation versus withdrawal, and FY2027 fiscal impacts under the 2010 Ross Valley Fire Department Joint Powers Agreement. He alleged, "Councilmembers Salter and Robbins have avoided addressing why their public claims of unilateral renegotiation continue to be circulated when Section 2.3 strictly requires unanimous consent from all parties." The council did not respond that night.
• Paramedic tax: Mayor McMillan thanked voters for approving the Ross Valley paramedic tax with 86% support and congratulated Bob Herbst and Paul Rosler on their election.
• Chamber audio: Staff reported a council chamber audio upgrade costing nearly $2,000.
• Senior outreach: Diane Rudden said Age Friendly Ross will meet next week to brainstorm better ways to reach seniors, including a possible mailing to every household.

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Looking ahead: Watch for the first ratifications of emergency contracts and the required 60-day review of the El Niño emergency. A possible December discussion of citizen committees and a downtown parking and crosswalk study are also on the horizon.