Flood fee advocates jump into legal fray

Richard Halstead
Marin Independent Journal
Article Launched:08/23/2007 11:34:12 PM PDT

A group of residents advocating flood control in the Ross Valley and an environmental organization have jumped into the legal battle over the controversial mail-in election that created a flood fee.

On Wednesday, the Flood Mitigation League of Ross Valley, a volunteer group, and the Friends of the Corte Madera Creek Watershed filed legal papers to join with the Marin County Flood Control and Water Conservation District in opposing a lawsuit challenging the election.

Earlier this month, San Anselmo lawyer Ford Greene filed suit in Marin Superior Court to toss out the election, saying the ballot was flawed. Greene's suit contends that a warning to sign the ballot was poorly placed and should have been printed in a larger, more prominent type face.

About 21 percent of the 8,059 votes cast in the mail-in election were disqualified. Most of the 1,678 disqualified ballots lacked necessary signatures. By paying for a manual recount, Greene determined the measure would have failed by 147 votes if the disqualified ballots had counted.

James Flageollet, chief deputy county counsel for Marin County, is defending the election on behalf of the Marin County Flood Control and Water Conservation District. Flageollet maintains Greene's suit is groundless because the district followed the letter of the law. Marin Superior Court Judge Lynn Duryee has set a hearing date for Sept. 7.

The new filing by the Flood Mitigation League and the Friends of Corte Madera Creek Watershed provides a detailed rationale for the fee. It chronicles the history of flooding in the Ross Valley over the past 50 years - including the flood that struck in the early hours of Dec. 31, 2005. It explains how the money raised would be used and how much each property owner would pay - an average $125 per year.

"This is to provide context beyond the arguments that the font was a little too small, to raise the bigger issues that are at stake here," said Sandra Guldman, president of Friends of Corte Madera Creek Watershed. "We feel this is the last chance to do something meaningful in terms of raising funding for a watershed-wide effort."

Lise Stampfli Torme of San Anselmo, who helped found the Flood Mitigation League after the 2005 flood, said, "Any judge deciding this needs to see the ramifications of us not getting this fee. This is a strong statement that, gosh darn it, we need this thing."

Greene, however, said the new complaint is inappropriate because it would "impermissibly expand the narrow scope of the election contest." Greene said his lawsuit "raises only one issue: whether the will of the voters was denied because the ballot failed to give reasonable notice to the voter that his failure to sign would invalidate his vote."

Duryee is expected to decide Friday on whether to take into account the issues raised in the new complaint when she makes her final ruling.

Contact Richard Halstead via e-mail at rhalstead@marinij.com