March 2, 2021 - Measure A

COUNTY COUNSEL’S IMPARTIAL ANALYSIS OF MEASURE A

MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT SUBZONE 7A
SPECIAL PARCEL TAX MEASURE

This Measure was placed on the ballot by the Board of Supervisors for the Marin County Flood Control and Water Conservation District.

If this Measure is approved by two-thirds of the votes cast on this special tax proposal, a new tax will be levied upon parcels within Subzone 7A of the Marin County Flood Control and Water Conservation District beginning July 1, 2021 until June 30, 2028. The tax will be $297 each year per taxable parcel until the tax expires. The estimated revenue from the tax is approximately $196,000 annually for seven years.

The purposes of this proposed tax are exclusively to upgrade and maintain the Gallinas levee system to reduce the potential risk of tidal flooding in the area. Proposed improvements include uniformly raising the height of the levee system and replacing the existing Timber-Reinforced Berm comprising a portion of the levee system with a similar but taller structure. Additionally, the proposed project includes securing property rights as needed for future maintenance.

Should the tax pass, the Marin County Flood Control and Water Conservation District may borrow against projected tax proceeds to fund the proposed improvements prior to the collection of the tax proceeds, with loan and financing costs paid for by the tax proceeds.

s/BRIAN E. WASHINGTON
Marin County Counsel

ARGUMENT IN FAVOR OF MEASURE A

In January and November 1983, without warning, a high tide overtopped the levee abutting the South Fork of Gallinas Creek. This tidal creek runs behind the homes along Vendola Drive. The levee breach caused extensive flooding and damage to Santa Venetia. As a result, the County added a timber-reinforced berm to the levee. After 37 years, the berm has deteriorated to the point where it is no longer viable and must be replaced with a taller, longer-lasting berm to protect the neighborhood. The hard fact is: water is rising faster than predicted. We are running out of time to address this threat.

The County has stepped up. It obtained a 3 million-dollar FEMA grant and designated another $840,000 of its own funds. Flood Zone 7A will also contribute over 1 million dollars. These are substantial contributions toward the $6 million project budget. To begin construction and fulfill FEMA requirements, homeowners need to pay the remaining balance of the budget. Thus, Measure “A” asks for $2,079 per threatened property, payable at $297 a year for 7 years.

The alternative potential costs due to a flood could be much higher, even reducing some to financial ruin.

The project begins with purchasing an easement behind the homes along the levee. This will allow for regular levee inspection and repair, which has not been possible under the current arrangement. Relying on the cooperation of levee homeowners for flood protection of our neighborhood is unsustainable.

The FEMA grant requires the berm to be built in the next two years. Therefore, this project will be completed in a timely manner.

There is no Plan B. Our neighborhood is at risk now. Substantial funding is in place now. We must pass Measure "A," or we lose FEMA's funding.

Let’s pull together. Vote YES!

We can do this.

s/ DENNIS BORTOLI
Homeowner on levee

s/ ALEX GIARDINO
Homeowner

s/ ROGER KIRK
Homeowner, Chair of Flood Advisory Board, Zone 7

s/ JEFF KRUPNICK
Homeowner, Member of Flood Advisory Board, Zone 7

s/ SEAN MCCLELLAND
Homeowner

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE A

Don’t fall for scare tactics.

The grant won’t be lost since matching funds are pledged. Levee homeowners will continue to cooperate with the County for access as they have for 37 years.

And there is a Plan B.

The County’s own reports disclose our levee can be enhanced and maintained for less than this project.

Better still, tell the bureaucrats to rebuild the levee with the FEMA Grant and the taxes you already pay. Tell them to eliminate budget-busting studies and demand accountability from contractors.

Each year, Santa Venetia homeowners pay property tax bills totaling over $5 million including 14 separate add-on taxes — Measure A would make it 15.

Notice how proponents say the County has “designated” funds for this project? The Supervisor’s language is clear: they’ll withhold our own tax money unless we pass this tax.

An $840,000 contingent contribution is a tiny fraction (0.019%) of the estimated $4.3 billion County budget for the duration of this tax. The Supervisors will likely spend more on thinly disguised “informational” mailings to promote more taxes. Public safety should be job one.

Proponents don’t mention Measure A divides our already small Flood Control Zone by eliminating 200 homes. This makes the proposal even more costly for you!

Cost-overruns would drain our Flood Zone’s budget jeopardizing the maintenance of pump stations that keep Santa Venetia dry.

What is unsustainable is the constant parade of new taxes for basic services.

Vote No on Measure A.

Learn more at www.VoteNoMeasureA.com

s/ ROBERT DOBRIN
Former Marin County Zone 7 Flood Control Advisory Board Member

ARGUMENT AGAINST MEASURE A

This tax is wrong.

The Marin County Board of Supervisors say they won’t spend some of your own tax money to protect our neighborhood unless we pass this tax. This is extortion! Tell them to prioritize flood control before other spending.

A Federal Emergency Management Agency grant is not an excuse to add yet another tax to our property tax bills. The grant won’t be lost since any required matching funds are pledged by our Flood Control Zone. Grant extensions are possible.

This project entirely ignores annual localized flooding caused by inadequate street drains. Tax proponents tell you levee failure would have the greatest financial toll on our neighborhood. This thinking is akin to replacing your vehicle’s motor and transmission because they might fail when worn brakes won’t stop your car!

Even so, replacing the Timber Reinforced Berm is not a bad idea in the face of sea-level rise. However, Santa Venetia didn’t cause climate change on our own. Yet this proposal excuses hillside homes from the tax. Indeed, this project funds the repair of two pipes under the levee which transport hillside runoff into Gallinas Creek. We’re all in this together, but the Supervisors think the only people that should pay are those that suffer the most.

Our Zone can’t afford the cost overruns the Supervisors routinely approve after a bid is awarded. In the Ross Valley, the County has spent millions of tax dollars for over fifteen years with almost no progress.

The Marin County Director of Public Works promised FEMA maintenance of the levee without mentioning any need to purchase expensive easements. These easements may cost more than the entire proceeds from this tax! We can’t afford extra expenses.

Tell the County to build the project with the grant money and existing funds.

Vote No on Measure A. Learn more at www.VoteNoMeasureA.com

s/ ROBERT DOBRIN
Former Marin County Zone 7 Flood Control Advisory Board Member

REBUTTAL TO ARGUMENT AGAINST MEASURE A

Measure A is RIGHT.

It's the right plan at the right time.

The sole author of the argument against Measure A agrees we must rebuild the levee.

He just gets wrong how to pay for it.

The facts:

1. The levee is in terrible condition. Did you know a section burned down? Other stretches have needed repair for years? This is because the current maintenance arrangement severely restricts access when needed. Measure A helps rebuild the berm and maintain it properly.
2. The County and FEMA are obligated by the grant to manage the project efficiently and to complete it within two years.
3. FEMA and County funds on the table come from a broader tax base. Others outside our immediate neighborhood are already contributing.
4. Measure A is about protecting against tidal flooding. Of course, there are other issues in our neighborhood, such as street drainage. But right now, we are focused on tidal inundation.
5. Our neighborhood is sinking about 1 inch every 3 years. Sea level is rising. Our risk of tidal flooding grows exponentially.
6. Insurance deductibles and losses would be FAR greater than this modest tax.
7. Having a strong levee can only improve property values. If this measure fails, so could our future.
8. There is no viable alternative. It would take many years and the passage of a different tax measure to rebuild our levee.

Don't listen to just one voice.

Join your neighbors.

Vote YES.

For more well-researched, accurate information, visit www.savesv.com.

s/ DWIGHT COLLINS
Professor, homeowner on leveer

s/ GREGORY S. FOX
Flood Zone 7 board member

s/ RUSS GREENFIELD
SVNA President, Flood Zone 7 board member

s/ THOMAS WHELAN
Homeowner on levee

s/ MARY CAROL WINKLER
Homeowner on levee

FULL TEXT OF MEASURE A

For a copy of Exhibit A Parcel Tax Rates and Tax Study please contact the Elections Department at 415-473-6437

RESOLUTION NO. 2020-135
AMENDED RESOLUTION OF THE MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BOARD OF SUPERVISORS CALLING A SPECIAL ELECTION TO CONSIDER ADOPTION OF A SPECIAL TAX UPON PARCELS LOCATED WITHIN SUBZONE NO. 7A FOR THE PURPOSE OF UPGRADING THE LEVEES ALONG GALLINAS CREEK; ADOPTING INTENDED BALLOT LANGUAGE; AND AUTHORIZING THE COUNTY REGISTRAR OF VOTERS TO TAKE APPROPRIATE ACTION

WHEREAS, on November 17, 2020, the Marin County Flood Control and Water Conservation District (District) resolved that a special tax upon parcels located within subzone 7A be submitted to the voters at a special election on March 2, 2021;

WHEREAS, pursuant to Elections Code section 9605, the District hereby amends Resolution No. 2020-131 and calls for a special election;

WHEREAS, Santa Venetia is protected from tidal inundation by two miles of earthen levee, including over one mile of Timber Reinforced Berm, hereinafter referred to as “levee system”, located largely on private property behind homes along Vendola Drive; and

WHEREAS, future flood risks for properties located behind the levee system will likely be exacerbated by sea level rise and land subsidence and the levee system does not currently meet height standards such as the 2017 Base Flood Elevation established by the Federal Emergency Management Agency (FEMA); and

WHEREAS, the Marin County Flood Control and Water Conservation District (District) has described an intended levee system upgrade project including acquisition of permanent maintenance easements through an initial study/mitigated negative declaration in accordance with the California Environmental Quality Act (CEQA) guidelines; and

WHEREAS, the Board of Supervisors of the District, and upon the recommendation of the Zone No. 7 Advisory Board, determines that it is in the best interests of the property owners within Subzone 7A to provide for increased protection from flooding risk; and

WHEREAS, pursuant to all applicable state law, including California Water Code – Appendix 68-5(11) and Government Code Section 50075 et seq., and in compliance with California Constitution Articles XIIIA and XIIIC, the Board of Supervisors of the District is hereby authorized to adopt this Resolution to establish and impose (subject to voter approval) a special tax upon all taxable real property located within Subzone 7A; and

WHEREAS, the Board of Supervisors of the District calls for special election to impose a special tax in the amounts specified per the parcel tax rates described in Exhibit A beginning with fiscal year 2021-2022; and

WHEREAS, the special tax would apply to parcels within a conditionally established Subzone 7A, which represents the parcels that would be subject to tidal flooding without the levee system (below elevation 11 feet NAVD 88) and as shown on the map included as part of Exhibit A;

WHEREAS, a map of the proposed Subzone 7A is attached to this resolution and posted at Adrian Rosal Park on the corner of Adrian Way and Rosal Way in unincorporated San Rafael;

WHEREAS, and the establishment of Subzone 7A is contingent on voter approval of the special tax within the subzone; and

WHEREAS, the special tax, if approved by the electorate, will not exceed the spending limit pursuant to California Constitution Article XIIIB; and

WHEREAS, the District has been awarded a FEMA Hazard Mitigation Grant Program grant for a federal contribution of approximately $3,000,000 towards the levee upgrade project which requires the District to guarantee its ability to conduct future maintenance; and

WHEREAS, on October 16, 2018, the County Board of Supervisors authorized the Department of Finance to set aside contingent $840,000 for the levee upgrade project; and

WHEREAS, in addition to the FEMA Hazard Mitigation Grant Program grant and the amount set aside by the Board of Supervisors, and in order to ensure sufficient amounts are available at the time a bid is awarded for the project, the District anticipates the need to finance no more than $1,000,000 of the total cost of the project; and

WHEREAS, the amounts to be financed by the District is proposed to be generated via entrance into a loan or similar financing agreement by the District and paid-off over time by the levy of special taxes on parcels located in Subzone 7A; and

WHEREAS, should the tax pass by two-thirds of the votes cast by voters in the District, the District may borrow against the projected tax proceeds for the improvement project term in order to fund the project in advance. Loan and financing costs shall be paid for by the tax proceeds and other funds available in the Subzone 7A fund account;

NOW, THEREFORE, BE IT RESOLVED that, subject to voter approval, the Marin County Tax Collector shall collect the special tax annually in the same manner and subject to the same penalties as County property taxes are collected. The County shall be entitled to deduct its reasonable costs incurred collecting the special tax before such tax is remitted to the Marin County Flood Control and Water Conservation District, Subzone 7A Fund.

BE IT FURTHER RESOLVED that the special tax established by this Resolution shall be submitted to the registered voters within Subzone No. 7A in special election on March 2, 2021. The question submitted to the voters shall be in the following form:

Marin County Flood Control and Water Conservation District Flood Zone No. 7A (Santa Venetia) Special Tax

Flood Zone 7A Gallinas Levee Upgrade Project. Shall the measure allowing the Marin County Flood Control and Water Conservation District to levy a special tax of $297 per taxable parcel commencing July 1, 2021 for seven years to cease on June 30, 2028 generating $196,000 annually for the Gallinas Levee Upgrade Project, including to obtain easements, upgrade the timber-reinforced berm reducing tidal flood risk for parcels within Subzone 7A be adopted

YES                             NO

BE IT FURTHER RESOLVED that the special tax is for the specific purposes of providing risk reduction from tidal flooding for Subzone 7A by upgrading and maintaining the Gallinas levee system and obtaining property rights as required for the proposed project as described in the initial study authorized by the Department of Public Works Director on behalf of the District on October 2, 2019.

BE IT FURTHER RESOLVED that to the extent possible Subzone 7A will leverage local, State and Federal grants and funding.

BE IT FURTHER RESOLVED that should the electorate approve the special tax; the proceeds shall be placed in a special project fund to be used solely for the purposes stated above.

BE IT FURTHER RESOLVED that should the electorate approve the special tax; the Subzone 7A could issue bonds or other financing mechanism consistent with Water Code Section 68.5.

BE IT FURTHER RESOLVED that should the electorate approve the special tax; the District may enter into a loan or similar financing agreement to be paid-off over time by the levy of special taxes on parcels located in Subzone 7A, and such repayment is declared to be part of the cost of the project described herein.

BE IT FURTHER RESOLVED that should the tax pass by two-thirds of the votes cast by voters in the District, the District may borrow against the projected tax proceeds for the improvement project term in order to fund the project in advance and loan and financing costs shall be paid for by the tax proceeds and other funds available in the Subzone 7A fund account;

BE IT FURTHER RESOLVED that the Marin County Auditor as chief fiscal officer and acting as an ex-officio officer of the Flood District pursuant to Water Code Section 68-7, is hereby directed to prepare an annual report pursuant to Government Code Section 50075.3. The chief fiscal officer shall receive actual necessary expenses in the performance of official duties performed pursuant to this resolution payable from the funds of the District.

BE IT FURTHER RESOLVED that this Board of Supervisors of the District hereby calls and orders a special election on March 2, 2021, for the purpose of voting on a ballot measure to approve the special tax and pursuant to Elections Code section 9605 amends Resolution No. 2020-131.

BE IT FURTHER RESOLVED that to the extent authorized by law, the Board of Supervisors hereby requests that the Registrar of Voters use mail in ballots;

BE IT FURTHER RESOLVED that pursuant to the provisions of Elections Code Section 10002, the Board of Supervisors of the District hereby requests that the Registrar of Voters render all services necessary for the conduct of the election, which include the following matters: printing and mailing of voter pamphlets and ballots; preparation of tabulation of result of votes cast. The cost of the special election is hereby requested to be borne by the District.

BE IT FURTHER RESOLVED that the special tax shall be deemed established and shall be in effect beginning with the 2021/22 fiscal year upon certification of the election results evidencing approval by at least two-thirds of the registered voters voting thereon. The special tax shall be null and void as of twelve o’clock midnight, June 30, 2028, and shall have no force and effect whatsoever after said time and date.

BE IT FURTHER RESOLVED that if any provision of this resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provisions or applications, and to this end the provisions or this resolution are declared to be severable. The Board of Supervisors of the District and the electorate, should it approve the special tax, do hereby declare that they would have adopted and approved this resolution and the special tax and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof, be declared invalid or unconstitutional.

BE IT FURTHER RESOLVED that pursuant to Government Code Section 50077.5 and Code of Civil Procedure Section 860, any judicial action or proceeding to attack, review, set aside, or annul this special tax, if approved by the voters, shall be commenced within 60 days of the effective date of this resolution.

APPROVED AND ADOPTED at regular meeting of the Board of Supervisors of the Marin County Flood Control and Water Conservation District held on the 8th day of December 2020, by the following vote

AYES: SUPERVISORS
Dennis Rodoni
Judy Arnold
Damon Connoly
Kathrin Sears
Katie Rice

NOES: NONE

ABSENT: NONE

s/KATHRIN SEARS
President, Board of Supervisors Marin County Flood Control and Water Conservation District

ATTEST:

s/MATTHEW H. HYMEL
Clerk

EXHIBIT A

7a map and Parcel Tax Rates and Tax Study

A larger printable PDF of Exhibit A is available.