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Ross council pauses Balena storm‑drain approval after neighbors say they weren’t notified
Summary
Council voted to continue action on the Balena Storm Drain Improvements (Phase 2) after neighbors said they hadn’t received required 300‑foot notices and raised health and schedule concerns. Public works director acknowledged the notice error and recommended re‑noticing and additional review.
The Ross Town Council on April 3 unanimously voted to continue action on the Balena Storm Drain Improvements Phase 2 after nearby residents said they had not received required direct notice and asked for more time to review environmental documents.
The project would extend a storm drain installed three years ago at Balena Avenue through the Sir Francis Drake Boulevard intersection and down toward the Sir Francis Drake bridge over Arroyo—or Murphy—Creek. Public works director Rich Simonich told the council staff had published an initial study/mitigated negative declaration (ISMND) and performed the standard 30‑day public review, but neighborhood residents said they first learned the town had moved the project from 2026 into May–June 2025 only on March 18, after the public comment window had closed.
Why it matters: Residents who use the easement at the construction site said the work would affect driveway access, scheduled private construction, and may expose groundwater and historical contaminants in an old rail bed adjacent to their homes. The council’s action means the town will pause formal adoption of the ISMND and re‑notice the document under CEQA so people within 300 feet of the project receive direct notice and have a new 30‑day comment period.
Resident Orna Meyer, whose property fronts the easement, told the council she and two neighbors were surprised to learn the town had moved the construction schedule forward and asked the council to delay the project so they could review the 200‑plus‑page ISMND. Meyer said the excavation would be “literally less than 20 feet from my front door and living room,” raised medical concerns related to possible toxins in old fill beneath the site and said the homeowners had already changed personal construction plans to accommodate the town’s revised schedule.
Public works director Rich Simonich acknowledged the town missed the 300‑foot notice required for the ISMND. “That is a regrettable circumstance,” Simonich said, adding that state regulatory agencies had not commented during the initial review but that neighbors had submitted comments after the deadline. Simonich also said some permits and agency reviews remain outstanding and that doing both the Balena work and a separate paving project on Sir Francis Drake simultaneously could be unmanageable.
Council discussion focused on fairness to neighbors and practical scheduling; one council member urged fairness and another said staff could make the schedule work but agreed more notice was appropriate. Town counsel advised continuing the item to a date uncertain so the town could re‑notice for 30 days and receive any agency comments. The council voted 5–0 to continue adoption of the ISMND to a date uncertain and to re‑notice the project.
What’s next: Public works will reissue the ISMND notice with direct mailings to property owners within 300 feet and allow a fresh 30‑day comment period. Staff said they expect to complete outstanding regulatory meetings (including with the Department of Fish and Wildlife) and return to council after public comments are collected and reviewed.
