HomeMy WebLinkAboutFD Marin Wildfire Prevention Authority____________________________________________________________________________________
FOR CITY CLERK ONLY
File No.: 4-1-757
Council Meeting: 10/21/2019
Disposition: Resolution 14733
Agenda Item No: 6.a
Meeting Date: October 21, 2019
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: San Rafael Fire Department
Prepared by: Christopher Gray, Fire Chief City Manager Approval: ______________
TOPIC: MARIN WILDFIRE PREVENTION AUTHORITY
SUBJECT: RESOLUTION AUTHORIZING THE MAYOR, ON BEHALF OF THE CITY OF SAN
RAFAEL, TO EXECUTE A JOINT EXERCISE OF POWERS AGREEMENT TO JOIN
THE MARIN WILDFIRE PREVENTION AUTHORITY AND REQUESTING THAT THE
MARIN COUNTY BOARD OF SUPERVISORS PLACE A TEN-YEAR MARIN WILDFIRE
PREVENTION PARCEL TAX MEASURE ON THE MARCH 3, 2020 BALLOT
RECOMMENDATION:
Adopt a resolution authorizing the Mayor, on behalf of the City of San Rafael, to execute a Joint Exercise
of Powers Agreement (JPA) to join the Marin Wildfire Prevention Authority (MWPA); and requesting that
the Marin County Board of Supervisors place a 10-year parcel tax measure to fund the activities of the
MWPA on the March 3, 2020 ballot.
EXECUTIVE SUMMARY:
Following the devastating wildfires in Sonoma and Napa counties in 2017, the Marin County Fire Chiefs’
Association and County officials set about developing a lessons-learned assessment and other reports
with recommendations to prevent such a tragedy from besetting our community. For much of 2019, staff
members from Marin’s fire agencies, cities and towns, and the County of Marin have been working on a
proposal for a JPA dedicated to wildfire prevention and protection. Presented for the City Council’s
consideration is a resolution to join this new authority as a member agency. The resolution also asks the
County Board of Supervisors to place a ten-year parcel tax measure on the March 3, 2020 ballot to fund
the activities of the new MWPA.
BACKGROUND:
The deadliest and most destructive wildfires in the State’s history have occurred in recent years, and
Marin’s wildlands and lush vegetation leave Marin particularly vulnerable. Fire does not respect
jurisdictional boundaries and it is imperative that the City take immediate action and make a sustained
commitment to better protect the community. Given the changing climate and increased risk of wildfires,
the City has been partnering with FIRESafe Marin, fire suppression agencies, the County of Marin, and
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
cities and towns in Marin to develop a countywide wildfire prevention program JPA to coordinate and
oversee activities and ongoing programs to make the community safer and better prepared.
Marin Wildfire Prevention Authority
Consistent with the “County of Marin Community Wildfire Protection Plan,” the “Lessons Learned from
North Bay Fire Siege” report, San Rafael’s “Wildfire Prevention and Protection Action Plan,” and this
year’s “Marin Civil Grand Jury Report on Wildfire Preparedness,” the City recognizes the importance of
a countywide, multi-agency approach to better protect residents.
A countywide coalition that includes the cooperation of Marin fire and city/town agencies, and the County
of Marin has proposed a new JPA called the Marin Wildfire Prevention Authority and a companion 10-
year funding measure that would raise approximately $21 million per year dedicated to local wildfire
prevention. The MWPA would consist of local fire agencies, cities and towns, and the County of Marin.
The mission of the Marin Wildfire Prevention Authority would be to fund and oversee the following efforts:
• Wildfire detection and evacuation system improvements
• Vegetation management and fire hazard reduction
• Defensible space and home hardening evaluations
• Public education and neighborhood wildfire preparedness
• Local specific wildfire prevention efforts
After extensive effort made by the countywide coalition, including informational briefings of Marin fire-
suppression agencies, the contents of the JPA agreement have been revised from its original proposal
to reflect the feedback received. The revisions made to the JPA agreement are reflected in the table
below in the “Community Outreach” section and in totality in Attachment 2, which is the full JPA
agreement.
ANALYSIS:
The countywide coalition is proposing a new 10-year countywide parcel tax measure to be considered
by voters in March 2020 to support vegetation management, evacuation plans, and the performance of
thousands of wildfire defensible space evaluations per year to educate property owners across Marin to
keep all residents safe. Overall, an estimated $21 million annual funding plan would include the following:
• 60 percent to core functions such as vegetation management, wildfire detection, evacuation
system improvements, grants, and public education
• 20 percent for annual defensible space and home hardening evaluations
• 20 percent for local-specific wildfire prevention efforts
A parcel tax measure, if approved by Marin voters in March 2020, would provide significant improvements
to alert and warning systems, extensive evacuation planning, and protect and ensure that critical
infrastructure--including emergency communications, schools, police and fire facilities--will remain
functioning in a disaster. With longer and hotter fire seasons, Marin needs to be proactive to reduce
vulnerably to wildfires.
Our City Fire Department provides essential fire suppression and paramedic services to the community
but does not have the funding or the capacity to carry out all the prevention activities critically needed to
reduce the risk of wildfire, prepare residents, and improve safety overall. For example, the vegetation
management and defensible space inspection work takes considerable time and a dedicated focus. If we
deployed our fire suppression and paramedic staff (e.g., firefighter/paramedics) to conduct the work the
JPA is being proposed to do, our ability to respond to emergencies would be significantly delayed and
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
create an unacceptable risk for the community. Our ability to respond to a call for service in three to five
minutes is paramount to our success at saving lives and property. We need a new funding mechanism
to support this new and growing body of work that we currently have very few and insufficient resources
to effectively conduct.
Based on a parcel tax study, staff recommends a rate of up to 10 cents per building square feet for
improved commercial and residential parcels, $75 per unit for multi-family residential (3+ units), and
$25/$100/$150 per parcel for unimproved parcels based on acreage. Staff estimates that this tax
structure will result in approximately $21 million annually after accounting for exemptions for low-income
seniors. Staff also recommends an annual inflator equal to the San Francisco Area Consumer Price Index
(CPI) with an annual cap of 3 percent.
The JPA has been approved by the County Board of Supervisors and many of the governing bodies of
the partner agencies/jurisdictions. Staff can provide an up to date tally of the partner agencies’ actions at
the City Council meeting. The proposed ballot measure language is excerpted below with additional
details in the draft ordinance provided in Attachment 3.
Marin Wildfire Prevention Measure. To support coordinated wildfire prevention including improving
early wildfire detection, warning and alerts; reducing brush and vegetation; ensuring defensible space
around homes, neighborhoods and critical infrastructure; and improving disaster evacuation
routes/procedures; shall the Marin Wildfire Prevention Measure, levying up to 10¢ per building square
foot tax (described in the ballot pamphlet) for 10 years, providing $21,000,000 annually, with annual
inflation adjustments, independent citizen oversight/audits, and low-income senior exemptions, be
adopted?
Importantly, all funds would stay local and would be protected from any taking by the State. Funds would
be required to be used for wildfire prevention and could not be diverted. Independent oversight and
annual audits would be required. Finally, the new revenue source would help Marin qualify for State and
Federal grants that otherwise will go to other communities around the State.
COMMUNITY OUTREACH:
After extensive effort among fire officials, law enforcement, land management agencies and city and town
officials regarding the creation of a countywide multijurisdictional effort to prepare for wildfires, including
40 plus informational briefings of Marin fire-suppression agencies, the JPA has been revised to reflect
input and concerns from local officials and stakeholders. Recent and significant revisions/amendments
made based on this feedback are outlined in the table below:
Initial Feedback
Response
Lack of representation from all
member agencies on
governing board
Expand the governing board to all 19 members with approval
requirement of both majority of members and over 50 percent of
represented population.
Length of measure and ability
to adjust program spending
categories
Every 5 years the JPA will review the programs and consider changes in
the proportion of core programs and defensible space efforts. To allow
member agencies to adapt to change, there will be a 2-year notice
before the changes are implemented.
In addition, parcel tax language will be “up to” the tax rates specified.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Feedback
Response
Length of parcel tax measure Ballot language updated to reflect a tax term of 10 years.
Citizen oversight There will be a nine (9) member citizen oversight committee that will
include representation from all 5 zones, as well as taxpayer,
environmental, fire prevention, and non-partisan civic organizations.
Operations committee Expand the Operations Committee to 19 members (same as the
Governing Board).
Beginning Funding To accelerate services during the first year of operations any core
program funds not allocated to Authority start-up costs will be returned to
Members in proportion to the tax revenue raised that fiscal year in each
Member’s respective tax rate area for appropriate uses. This shall not
prevent allocating funds for multi-year projects.
On-Going Funding Vegetation mgmt. funds will be allocated toward equitable spending over
the 5 zones. As part of the 5-year review of funding levels at least 80% of
the revenue generated for vegetation mgmt. by each operational zone
should be allocated within the respective zone. If this requirement is not
met, it must be remedied within 5 years.
FISCAL IMPACT:
There is no direct fiscal impact with this action. However, if the ballot measure passes, San Rafael wildfire
prevention efforts would see a significant increase in funding and resources for the duration of the tax
measure. This would include fuel reduction crews, vegetation inspectors, and approximately $930,000
annually to be allocated by the City of San Rafael City Council in coordination with the annual budget
process. These funds are intended to be used specifically for wildfire mitigation and prevention efforts in
the jurisdiction of San Rafael.
NEXT STEPS:
As stipulated in Section 3 of the JPA agreement, by October 31, 2019 all Marin agencies with fire
suppression responsibilities who seek to become members of the MWPA must execute the JPA
agreement and request the County of Marin to place the parcel tax measure on the March 2020 ballot.
The Marin County Board of Supervisors will have a first hearing of the finalized ordinance on November
5, 2019 and a Merit Hearing on November 19, 2019. It is important to note that if the ballot measure
does not pass, the JPA agreement would be terminated.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution authorizing the Mayor, on behalf of the City of San Rafael, to execute a JPA
agreement to join the MWPA and requesting that the Marin County Board of Supervisors place a
10-year parcel tax measure on the March 3, 2020, ballot.
2. Do not adopt the resolution.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
RECOMMENDED ACTION:
Adopt a resolution authorizing the Mayor, on behalf of the City of San Rafael, to execute a JPA agreement
to join the MWPA and requesting that the Marin County Board of Supervisors place a 10-year parcel tax
measure on the March 3, 2020 ballot.
ATTACHMENTS:
1. Resolution
2. Joint Exercise of Powers Agreement for Marin Wildfire Prevention Authority
3. Fire Authority Parcel Tax Ordinance
4. JPA Operational Zone Map
RESOLUTION NO. 14733
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE MAYOR,
ON BEHALF OF THE CITY OF SAN RAFAEL, TO EXECUTE A JOINT EXERCISE
OF POWERS AGREEMENT TO JOIN THE MARIN WILDFIRE PREVENTION
AUTHORITY AND REQUESTING THAT THE MARIN COUNTY BOARD OF
SUPERVISORS PLACE A TEN-YEAR MARIN WILDFIRE PREVENTION
PARCEL TAX MEASURE ON THE MARCH 3, 2020 BALLOT
WHEREAS, Marin County residents, including those in the City of San Rafael, are faced
with a significant and increasing risk of wildfires that do not respect jurisdictional boundaries,
with immediate action and sustained commitment needed to protect Marin residents, homes and
businesses; and
WHEREAS, intensifying climate change and extensive fuel build-up are contributing to
the increased threat of wildfire throughout Marin County and, to the extent possible, should be
addressed through ecologically sound practices that minimize release of greenhouse gases and
protect the biodiversity and resilience of Marin‘s landscapes; and
WHEREAS, our county’s nearly 260,000 residents receive fire protection and
emergency response services from 19 separate cities, towns, fire districts, and the County,
where no single agency currently exists for coordinating wildfire prevention; and
WHEREAS, local fire agencies and emergency service providers must work together in
close coordination to develop and implement a comprehensive wildfire prevention and mitigation
plan; and
WHEREAS, the most effective way to protect all of our community from the risk of
wildfire is to come together in a joint powers authority to implement a countywide program of
priority wildfire prevention, education and suppression actions; and
WHEREAS, in 2018 Marin County published Lessons Learned from North Bay Fire
Siege, summarizing key findings and conclusions from the 2017 wildfires that devastated
Sonoma, Napa, Lake, Solano and Butte counties, burned nearly 250,000 acres, destroyed
nearly 9,000 structures, forced 90,000 evacuations, caused $14.5 billion in property damage
and killed 44 people; and
WHEREAS, in 2019 the City of San Rafael accepted the Wildfire Prevention and
Protection Plan intended as a master planning framework document to guide continual efforts to
reduce the wildfire risk in San Rafael; and
WHEREAS, the proposed Marin Wildfire Prevention Authority will be a collective effort
by all residents and property owners to build a resilient community and reduce the threat of
wildfire, including improving emergency alert and warning systems to enhance early alert for
organized evacuations, expanding coordinated efforts to reduce combustible vegetation;
improving evacuation routes and infrastructure to enhance traffic flow and promote safe
evacuations; enhancing defensible space and structure evaluations and educating owners
about how to reduce the vulnerability of buildings to wildfire; creating and sustaining a
coordinated local wildfire public safety and disaster preparedness program; and
WHEREAS, efforts are needed to assist seniors, persons with disabilities, and low
income households to maintain defensible space, make homes fire resistant, and prepare for
emergencies to mitigate wildfire threats to structures and defensible space; and
WHEREAS, each of Marin’s communities has unique local needs; the Marin Wildfire
Prevention Authority will seek to address these specific local needs with a local wildfire
mitigation program that assists local fire agencies in meeting unique community needs while
sustaining a core countywide program for consistency; and
WHEREAS, the San Rafael City Council has been presented for its consideration and
acceptance a Joint Exercise of Powers Agreement authorizing the City of San Rafael’s
participation in the Marin Wildfire Prevention Authority to jointly develop and fund, for a period of
10 years, the protection of all Marin communities from the risk of wildfire on a regional basis;
and
WHEREAS, a countywide parcel tax measure has been proposed to provide funding for
the activities of the Marin Wildfire Prevention Authority;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OS SAN RAFAEL
RESOLVES as follows:
1. The City of San Rafael hereby joins the Marin Wildfire Prevention Authority;
2. The Mayor of the City of San Rafael is authorized to sign the Joint Exercise of Powers
Agreement for Marin Wildfire Prevention Authority on behalf of the City of San Rafael as
presented in the Staff Report for this matter, including any administrative/clerical
corrections if necessary; and
3. The City of San Rafael requests that the Marin County Board of Supervisors place a
Parcel Tax Measure on the March 3, 2020 ballot to fund the Marin Wildfire Prevention
Authority for a term of 10 years.
I, LINDSAY LARA, City 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 City
Council held on the 21st day of October 2019 by the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, McCullough & Mayor Phillips
NOES: Councilmembers: Gamblin
ABSENT: Councilmembers: None
LINDSAY LARA, CITY CLERK
JOINT EXERCISE OF POWERS AGREEMENT
FOR
MARIN WILDFIRE PREVENTION AUTHORITY
This Joint Exercise of Powers Agreement for Marin Wildfire Prevention Authority
("Agreement') is entered into pursuant to Sections 6500 et seg. of the California Government
Code, by and between the following local agencies: the cities of San Rafael, Mill Valley,
Larkspur and Belvedere ("Cities"); the towns of San Anselmo, Corte Madera, Fairfax, and Ross
("Towns"); the County of Marin (including Service Areas 13, 19 and 31 collectively referred to
as "County"); the Fire Protection Districts of Southern Marin, Novato, Tiburon, Kentfield,
Stinson Beach, Bolinas, and Sleepy Hollow, the Marinwood Community Services District, the
Inverness Public Utility District, and Muir Beach Community Services District ("Districts");
"Cities," "Towns," "County," and "Districts" are referred to in their individual capacities outside
of this Agreement as "Local Agencies," and are referred to for the purposes of participation in
this Agreement as "Member" or "Members".
RECITALS
WHEREAS, the growing wildfire risk in Marin County does not respect jurisdictional
boundaries and needs immediate action and sustained commitment to better protect Marin
residents, homes and businesses; and
WHEREAS, intensifying climate change and extensive fuel build-up are contributing to
the increasing threat of wildfire throughout Marin County and, to the extent possible, should be
addressed through ecologically sound practices that minimize release of greenhouse gases and
protect the biodiversity and resilience of Marin`s landscapes; and
WHEREAS, individual homes and properties are only as fire resilient as the surrounding
homes and properties within each neighborhood or area; and
WHEREAS, the more than 260,000 people living in Marin County receive fire
protection and emergency response services provided by 19 separate cities, towns, fire districts
and the County of Marin and no single agency currently exists for coordinating wildfire
prevention; and
WHEREAS, local fire agencies, communities, emergency service providers, city and
towns governments and the County of Marin must coordinate wildfire prevention and disaster
preparedness and mitigation, including maintaining defensible space, reducing combustible
vegetation, making homes fire resistant and planning for organized evacuation in an emergency;
and
WHEREAS, in 2016 the Marin County Fire Department published a Commatnity
Wildfire Protection Plan, identifying specific steps needed to reduce the risk of wildfire and
related loss of life and property in Marin; and
WHEREAS, in 2018 Marin County published Lessons Learned froin North Bay Fire
Siege, summarizing key findings and conclusions from the 2017 wildfires that devastated
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Joint Exercise of Powers Agreement Amended 10 2 2019
LA — 1 — rLr-ri-
Sonoma, Napa, Lake, Solano and Butte counties, burned nearly 250,000 acres, destroyed nearly
9,000 structures, forced 90,000 evacuations, caused $14.5 billion in property damage and killed
44 people; and
WHEREAS, in 2019 the Marin County Civil Grand Jury issued Wildfire Preparedness:
A New Approach, a report identifying an urgent need for a coordinated wildfire prevention
program in Marin and providing detailed recommendations for reducing wildfire risk and
securing dedicated funding for wildfire prevention programs; and
WHEREAS, efforts are needed to assist seniors, persons with disabilities, and low-
income households to maintain defensible space, make homes fire resistant, and prepare for
emergencies to mitigate wildfire threats to structures and defensible space; and
WHEREAS, each of Marin's communities has unique local needs such as wildfire risk
from homeless encampments or road widening for safe evacuations and the Marin Wildfire
Prevention Authority will seek to address these specific local needs with a local wildfire
mitigation program that assists local fire agencies in meeting unique community needs while
sustaining a core countywide program for consistency; and
WHEREAS, the most effective way to protect all of our communities from the risk of
wildfire is to come together in a joint powers authority to implement a countywide program of
priority fire prevention, education and vegetation management; and
NOW, THEREFORE, for and in consideration of the mutual benefits, covenants, and
agreements set forth herein, the Members agree as follows:
SECTION 1. Authority and Purpose
a. This Agreement is made under the authority of Sections 6500 through 6515,
inclusive, of the California Government Code, among the Members.
b. The purpose of this Agreement is to establish a Joint Powers Authority separate
from the Local Agencies. This Joint Powers Authority is to be known as the
Marin Wildfire Prevention Authority ("Authority"). The Authority will plan,
finance, implement, manage, own and operate a multi jurisdictional and county-
wide agency to prevent and mitigate wildfires in Marin County. Each member
individually has the statutory ability to provide fire suppression, protection,
prevention and related incidental services. The purpose and intent of this
Agreement is to jointly exercise the foregoing common powers in the manner set
forth herein.
SECTION 2. Term of Agreement
This Agreement becomes effective upon the first date that at least half of the 19 Local Agencies
listed above (i.e. 10 Local Agencies) have approved this Agreement at a public meeting. It shall
remain in effect until it is terminated pursuant to Section 16.
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Joint Exercise of Powers Agreement - Amended 10 2;2019
SECTION 3. Membership
a. Initial Membership. To become an initial Member, a Local Agency must
execute this Agreement and approve the County of Marin placing the tax measure
on the ballot by October 31, 2019. A Local Agency geographically located in
Marin County that possesses fire management responsibilities must adopt a
resolution of their governing board to become a participating signatory to this
Agreement and Member of the Authority. Should an entity defined in this
Agreement as a Member of the Authority fail to meet the October 31, 2019
deadline for approval of the Agreement and tax measure, this Agreement shall be
interpreted to remove that Local Agency from the definition of Member, and any
rights or responsibilities of that entity shall not apply.
b. Successor Membership. If, due to changes in circumstances (including, but not
limited to changes in fire suppression responsibility approved by LAFCO) a
Member's fire suppression responsibility is transferred to a new or different
public agency, that new or different public agency shall be admitted as a Member
upon approval of such membership and this Agreement by such public agency's
governing body.
c. Should the tax measure to fund the Authority fail to pass in an election in March
2020, this Agreement is terminated and shall be of no further effect upon
certification of the election results.
SECTION 4. Board of Directors
a. The Authority will be governed by a Board of Directors comprising elected
leaders from each Member to ensure that wildfire programs and resources are
directed to areas of greatest need and opportunity for community benefit.
The Authority shall be governed by the Board of Directors which is hereby
established. The Authority shall not have responsibility for any services or duties
set forth in this Agreement unless and until the tax measure is passed by the
voters in a certified election. The Board of Directors shall be comprised of
Directors who are elected officials of the Members, and each Member shall have
one Director on the Board of Directors.
c. The Board of Directors shall hold at least two meetings each year as determined
by its bylaws. Special Meetings of the Board may be called in accordance with
the provisions of the Brown Act and Government Code Section 54956.
d. Minutes of the adjourned, regular and special meetings of the Board shall be kept
and said minutes shall be forwarded to each member of the Board within thirty
days after each meeting. A majority of the Directors of the Board will constitute a
quorum; however, if the number of Members is an even number, then 50% of the
Directors of the Board will constitute a quorum. In the event of a meeting of the
Board with less than a quorum, the present Directors will only have the power to
dismiss a meeting. For purposes of conducting business, a majority of the
Joint Exercise of Powers Agreement Amended 10 2 2019
quorum will be authorized to act on behalf of the Authority, subject to the voting
conditions set forth in Section 41
e. The Board shall elect, at its first meeting of each fiscal year, a President and Vice
President. The President and Vice President shall serve one-year terms, but can
be re-elected. The President shall represent the Authority and execute any
contracts and other documents when required by the bylaws. The Vice President
shall serve in the absence of the President.
Voting. For all votes conducted by the Board, a proposed motion subject to vote
passes when both following conditions are satisfied: (1) a majority of the
Directors present vote in favor of a motion, and (2) the Directors present and
voting in favor of a motion represent, in the aggregate, according to the then latest
general census, over 50% of the population represented by the Member agencies
present in the quorum.
g. The Board may adopt from time to time such policies, procedures, bylaws, rules
and regulations for the conduct of its affairs as deemed necessary by the Board.
SECTION 5. Powers of the Authority
a. The Authority shall have all of the necessary powers and authorities granted by
law to exercise the common powers of its members in providing wildfire
suppression, protection, prevention and related and incidental services, with
members retaining all powers.
b. The Authority shall have all of the necessary powers to evaluate structures and
defensible space and provide structural fire protection advice to enhance
compliance of parcels of land and buildings meeting local fire and building codes,
as well the power to create neighborhood and public education programs to
reduce wildfire vulnerability and improve neighborhood preparedness.
c. The Authority may contract with private companies and public agencies to create,
implement and operate the Authority to provide wildfire protection and
prevention, as well as to ensure buildings meet fire and building codes.
d. The Authority may make and enter into contracts; adopt budgets; employ and
retain agents and personnel; retain legal counsel; retain consultants and engineers;
acquire grants; acquire, hold, lease and dispose of real and personal property;
accept donations; sue and be sued; and possess and exercise all other powers
common to the Members. The intent of this provision is to allow the Authority
flexibility in making fiscally sound staffing decisions.
e. The Authority may incur debt and issue bonds or any like instruments of no more
than 10% of its annual budget in order to efficiently provide the service
enumerated herein in compliance with the pertinent sections of the Government
Code of the State of California. Specifically, the Authority can incur debt in its
own name under any law authorizing a joint power authority to do so, including
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Joint Exercise of Powers Agreement Amended 10 2 2019
Government Code Section 6540 et seq., and the Marks -Roos Local Bond Pooling
Act of 1985, and Government Code Section 6584 et seq.
f. The Authority may authorize taxes pursuant to Government Code Sections 50075
et seq., 53978, or any successor statutes as approved by voters in an election held
in March 2020. No subsequent taxes or fees may be raised by the Authority
without approval of Members.
g. The Authority may exercise the powers permitted pursuant to Government Code
Section 6504 or any successor statute. Pursuant to Government Code Section
6509.5, the Authority is entitled to invest any money in the treasury that is not
required for the immediate necessities of the Authority.
h. The Authority may do all things necessary and lawful to carry out the purpose of
this Agreement.
i. As required by Government Code Section 6509, one Member must be designated
such that the power of the Authority is subject to the restrictions upon the manner
of exercising power possessed by the Member. The County of Marin is designated
as the Government Code Section 6509 public entity.
SECTION 6. Operations Committee
a. The Operations Committee shall be responsible for creating a recommended
annual budget for the Board and for creating a recommended annual work plan.
The Operations Committee shall meet at least twice per year at a reasonable time
before the Board must establish its budget. The Operations Committee
representatives should strive for a balance of executive/administrative and fire
expertise on the committee. The Operations Committee shall be composed of
nineteen representatives who are agency staff, one from each of the Members.
b. Voting. For all votes conducted by the Operations Committee, a proposed motion
subject to vote passes when both following conditions are satisfied: (1) a majority
of the representatives of the Operations Committee present vote in favor of a
motion, and (2) the representatives of the Operation Committee present and
voting in favor of a motion represent, in the aggregate, according to the then latest
general census, over 500 o of the population represented by the Member agencies
present in the quorum.
SECTION 7. Advisory/Technical Committee
The Advisory/Technical Committee shall be responsible to the Operation
Committee for expert advice and recommendations regarding how the programs
of the Authority should be developed and implemented. The Advisory/Technical
Committee shall be comprised of one technical staff member from each Member
agency and the Board shall adopt bylaws that establish the manner of appointment
to the Advisory Technical Committee.
Joint Exercise of Powers Agreement Amended 10 2/2019
b. The Advisory/Technical Committee shall hold at least two meetings each year.
Special meetings may be called in accordance with the provisions of Government
Code Section 54956.
c. Agencies and entities such as Marin County towns or cities that are not a
Member, Marin Municipal Water District ("MMWD"), Marin County Open
Space District ("MCOSD"), National Park Service, State Parks, and FIRESafe
MAR1N may be invited to participate as at -large, non-voting Advisory/Technical
Committee members. In addition, relevant Marin County land management
agencies, private companies and community organizations may be invited by the
Board to participate as at -large, non-voting Advisory/Technical Committee
members. Said at -large Advisory/Technical Committee members shall be fully
recognized by the Advisory/Technical Committee for the purpose of interaction
and discussion. These at -large Advisory/Technical Committee members shall be
appointed by their respective organizations.
SECTION 8. Citizens' Oversight Committee
The Board of Directors will create a Citizens' Oversight Committee. The Citizens' Oversight
Committee will review Authority spending on an annual basis following the report from the
Treasurer. After review of the previous year's work program and the financial audit, the
Citizens' Oversight Committee will adopt a report describing the extent to which the funds have
been spent consistent with the tax measure and provide feedback to the Board of
Directors. Citizens' Oversight Committee participants will be residents who are neither elected
officials of any government entity, nor public employees of any Member. Service on the
Citizens' Oversight Committee will be restricted to individuals who reside in Marin
County. Participants on the Citizens' Oversight Committee will be required to submit a
statement of financial disclosure and participation will be restricted to individuals without
economic interest in any of the Authority's projects. The Citizens' Oversight Committee may
create subcommittees to monitor the deliberations of the Board of Directors, Operations
Committee, and the Advisory/Technical Committee. The Board of Directors shall appoint
participants to Citizens' Oversight Committee from applications received as set forth below:
• Five participants, each residing in one of these five general geographical areas: West
Marin, Novato, San Rafael, Central Marin, and Southern Marin.
• One participant from a taxpayer organization of Marin County.
• One participant from environmental organizations of Marin County.
• One participant from FIRESafe MARIN or similar fire prevention organization.
• One participant from a non-partisan civic organization such as League of Women Voters.
SECTION 9. Funding
a. The Board shall adopt an annual budget for the Authority's activities within
ninety (90) days of the date the Elections Office certifies the successful passage of
the tax measure proposed concurrently with this Agreement to fund this
Authority, and by June 1 of each succeeding year. In adopting the annual budget,
Joint Exercise of Powers Agreement Amended 10 2/2019
the Board must consider recommendations from the Operations Committee. The
annual budget shall identify the programs of the Authority and allocate funds by
program. The budget and accounting system shall account for direct and
overhead costs by program. The Board shall allocate these costs for each program
with the adoption of the annual budget. To the extent changes to the budget under
California law require approval of more than a simple majority of Members, the
population representation requirement of Section 41. shall not increase. To
accelerate services being provided to the community, during the first year of
operations any core program funds not allocated to Authority start-up costs will
be returned to Members in proportion to the tax revenue raised that fiscal year in
each Member's respective tax rate area for uses that are consistent with the tax
measure funding the Authority. This provision shall not be construed to prevent
the Board of Directors from allocating funds for multi-year projects or programs.
b. The core program functions of the Authority will be funded by 601 o of the tax
measure proceeds and will consist of, but not be limited to, vegetation
management; wildfire detection; evacuation plans and alerts; grants; and public
education. The Authority may allocate core funds to local wildfire prevention
efforts, should the Board of Directors determine the core functions of the
Authority are being served. Vegetation management funds will be allocated with
consideration towards equitable spending over the five operational zones. As part
of the five year review of the funding levels described in Section 9f, at least 80%
of the revenue generated for vegetation management by each operational zone
should be allocated within the respective zone. If this requirement is not met, it
must be remedied within the next 5 year period.
c. Defensible space and fire-resistant structure evaluations, and mitigation of fire
threats thereof, will be funded by 20% of the tax measure proceeds and will be
done on a shared service basis or by the responsible Member consistent with
Section 10. Within the defensible space program, an Abatement program shall be
created by the Authority, funded with 2° o of the total tax measure proceeds.
Funds from this Abatement program are retained by the Authority,
notwithstanding a Member selecting to locally administer pursuant to Section 10.
The Authority will only enforce a uniform abatement code. Litigation of
abatements is the responsibility of the Member.
d. Local -specific wildfire prevention efforts will be funded by 200 o of the tax
measure proceeds and allocated to each Member in proportion to revenue raised
in each Member's respective tax rate areas. Members must certify that the tax
measure proceeds are used consistent with the purpose of the Authority and that
the tax measure expenses result in a higher level of service than would otherwise
be provided by the Member.
e. An administrative cost of not more than 10% will be budgeted for each program,
i.e. the core program functions and the Authority administered defensible space
evaluation program. Should a Member locally administer the defensible space
evaluations pursuant to Section 10, an administrative cost will not be withheld by
7
Joint Exercise of Powers Agreement Amended 10 2 2019
the Authority for that program. The Board shall determine the methodology for
calculating administrative costs.
f. In Fiscal Year 2025-26, 2030-31, 2035-36 and continuing every five years
thereafter, the Board may alter the funding levels of the core program functions of
subsection 9.b. and the defensible space evaluations from subsection 9.c. The
local -specific wildfire prevention efforts of subsection 9.d. will remain funded by
200o of the tax measure proceeds. A vote to alter the funding levels pursuant to
this section shall require two-thirds approval of Directors voting to alter the
funding levels, while maintaining the over 50% of the population represented by
the Member agencies requirement in accordance with the voting rules set forth in
Section 4.f. Should the Board approve changes to the funding levels of the
programs, to provide adequate notice to Member agencies, those changes will not
go into effect until two fiscal years after the changes were approved. For
example, if funding levels of programs are altered during Fiscal Year 2025-26,
those changes will not be implemented until the budget of Fiscal Year 2027-28.
SECTION 10. Option to Locally Administer the Section 5.b. Defensible Space
Program
a. Should a Member choose to locally administer the Authority power set forth in
Section 5.b., that member shall evaluate structures and defensible space so
property owners can enhance compliance with fire and building codes through
homeowner education and, as necessary, enforcement follow-up. The Member
choosing to locally administer the powers in Section 5.b. must certify that the
Member shall use the funds provided by the Authority exclusively to evaluate
defensible space and to enhance compliance with structures and land meeting fire
and building codes, and not for any other purpose. Tax measure proceeds will be
allocated to Members choosing to locally administer in an amount approximately
equal to each Member's proportion of revenue raised in each Member's
respective tax rate areas, as determined by the Board. For those Members
remaining in the defensible space program, the Authority will expend the tax
measure proceeds in an amount aproximately equal to each Member's propotion
of revenue raised in each Member's respective tax rate areas. Additionally, the
Authority shall be entitled to retain 2% of the overall tax measure proceeds for the
Authority's Abatement program, regardless of how many Members choose to
exclusively manage their own defensible space program.
b. Eligibility for a Member to elect to locally administer the defensible space
program shall be effective beginning in Fiscal Year 2027-28, 2032-33, 2037-38
and continuing every five years thereafter. A Member must provide notice that it
elects to opt -out or rescind its opt -out election by October 31 for the next fiscal
year beginning on July 1. A Member may opt -out of the defensible space
program before May 30, 2020 by providing notice to the Authority. Members can
only subsequently opt out during certain years as set forth above. A Member
choosing to exclusively manage its own defensible space program may be
responsible for a reasonable exit fee, as determined by the Authority. Members
Joint Exercise of Powers Agreement Amended 10 2 2019
can opt -back -in at any time by providing notice that it elects to opt -back -in by
October 31 for the next fiscal year beginning on July 1.
SECTION 11. Exemptions
The Authority shall be responsible for technical tax adjustments, consistent with the ballot
measure. Whenever possible, the Authority must defer to reasonable requests from the Marin
County Tax Collector to accommodate exemptions for parcels that are roads or creek beds, as
wells as split parcels ineligible for an assessor parcel combination solely because the parcels are
not in the same tax rate area.
SECTION 12. Duties of Treasurer
a. The Treasurer of the Authority shall be the Treasurer of one of the Members. The
Authority at its first meeting and thereafter at its first meeting of the fiscal year
shall elect a Treasurer and establish teens with the Member agency. This person
shall also function as the Controller of the Authority.
b. The Treasurer shall serve as the depository and have custody of all Authority
funds and establish and maintain such books, records, funds, and accounts as may
be required by generally accepted accounting practice, shall cause an independent
annual audit of the accounts and records and comply with all requirements of
Government Code Sections 6505, 6505.1, 6505.5 and 6505.6.
c. The Treasurer, within one hundred and twenty (120) days after the close of each
fiscal year ending on June 30, shall give a complete written report of all financial
activities for such fiscal year to the Members.
SECTION 13. Debts and Liabilities
As permitted pursuant to Government Code Section 6508. 1, no debt, liability, or obligation of
the Authority shall constitute a debt, liability, or obligation of any Member and each Member's
obligation hereunder is expressly limited only to the appropriation and contribution of such funds
as may be levied pursuant to this Agreement or as the Member may agree.
SECTION 14. Insurance and Indemnification
The Authority shall acquire such insurance protection as is needed to protect the interests of the
Authority and the Members, and such cost shall not count toward the administrative fee of
Section 9.e. The Authority may use self-insurance and may contract with a Member for
insurance services. The Authority shall defend and indemnify and hold harmless the Members
and each of their respective officers, agents and employees, from all claims, losses, damages,
costs, injury and liability of every kind, nature and description directly or indirectly arising from
the performance of any of the activities of the Authority or the activities undertaken pursuant to
this Agreement.
9
Joint Exercise of Powers Agreement Amended 10 INN
SECTION 15. Privileges. Immunities and Other Benefits
In accordance with California Government Code Section 6513, all of the privileges and
immunities from liability, all exemptions from laws, ordinances and rules, and all pension, relief,
disability, workmen's compensation, and other benefits which apply to the activity of the
trustees, officers, employees or agents of the Members when performing their functions shall
apply to the same degree and extent while engaged in the performance of any of their functions
and duties for the Authority.
SECTION 16. Termination, Disposition of Assets.
a. Should the tax measure to be placed on the ballot in March 2020 fail to pass or is
subsequently repealed, this Agreement is terminated and shall be of no further
effect upon certification of the election results.
b. In accordance with Government Code Section 6512, upon termination of this
Agreement, any surplus money in possession of the Authority or on deposit in any
fund or account of the Authority shall be returned in proportion to the
contributions made by the tax payers of each Member's jurisdiction. Any other
property of the Authority shall be divided among the Members in such manner as
shall be determined by the Authority in accordance with California law.
c. If the tax measure is rescinded, all decisions of the Board with regard to
determination of amounts to be transferred to Members or any successor shall be
final.
SECTION 17. Severability
If any provision of the Agreement or its application to any person or circumstances is held
invalid, the remainder of this Agreement and the application of the provision to other persons or
circumstances shall not be affected.
SECTION 18. No Rights to Third Parties
All of the terms, conditions, rights and duties provided for in the Agreement are, and shall
always be, solely for the benefit of the Members. It is the intent of the Members that no third
party shall ever be the intended beneficiary of any performance, duty or right created or required
pursuant to the terms and conditions of this Agreement. Nothing in this Section shall be
interpreted to preclude the work of the Authority being done on private land.
SECTION 19. Notices.
Notices to Members under this Agreement shall be sufficient if delivered to the City Clerk or
chief secretarial officer of the Member, or to any other person designated in writing by the
Member.
Joint Exercise of Powers Agreement Amended 10 2 2019
SECTION 20. Prohibition Against Assignment.
No Member may assign any right, claim, or interest it may have under this Agreement, and no
creditor, assignee or third -party beneficiary of any Member shall have any right, claim or title to
any part, share, interest or assets under this Agreement.
SECTION 21. Amendments
This Agreement may be amended at any time by one or more supplemental agreements executed
by mutual agreement of three-fourths (3/4) of the governing boards of the Members, so long as
any amendment comports with the purpose of the voter approved measure, as set forth in Section
1 of this Agreement. Every ten years, the Marin County Board of Supervisors shall hold a public
hearing for the purpose of considering the effectiveness of the tax measure and whether any
changes in the tax measure should be placed before the voters.
SECTION 22. Agreement Complete
The foregoing constitutes the full and complete Agreement of the parties with respect to the
subject matter hereof, and supersedes all prior understandings or agreements whether written or
verbal. There are no oral understandings or agreement not set forth in writing herein. An such
agreements merge into this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
proper officers thereunder duly authorized as of the date of approval by the public agencies that
are parties hereto. This Agreement shall be executed in counterparts.
Dated:
City of San Rafael
Joint Exercise of Powers Agreement Amended 10/2/2019
ORDINANCE NO._______
FULL TEXT OF THE MARIN WILDFIRE PREVENTION MEASURE TO FUND
THE MARIN WILDFIRE PREVENTION AUTHORITY THROUGH AN
ORDINANCE OF THE COUNTY OF MARIN TO AUTHORIZE THE LEVY OF
A SPECIAL PARCEL TAX
THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN
ORDAINS AS FOLLOWS:
SECTION 1. AUTHORIZATION, PURPOSE, AND INTENT. It is the purpose and
intent of this Ordinance to authorize the levy of a tax on parcels of real property on the
secured property tax roll of Marin County that are within the jurisdiction of the Member
Taxing Entities to the Joint Exercise of Powers Agreement for Marin Wildfire Prevention
Authority.
Pursuant to the authority of Government Code Section 53978, 50075 et seq., and other
applicable law, there is hereby levied and assessed a special parcel tax by the County of
Marin, on behalf of itself and Member Taxing Entities, on all parcels of real property in
the County for each fiscal year. It is the purpose and intent of this ordinance to impose a
special parcel tax for fire protection and prevention services, including but not limited to
vegetation management; wildfire detection; evacuation plans and alerts; grants; public
education; defensible space and fire-resistant structure evaluations; and local-specific
wildfire prevention efforts.
This tax is a special tax within the meaning of Section 4 of Article XIIIA of the
California Constitution. Because the burden of this tax falls upon property, this tax also
is a property tax, but this tax is not determined according to nor in any manner based
upon the value of property; this tax is levied on a parcel, class of improvement, and use
of property basis. Insofar as not inconsistent with this Ordinance or with legislation
authorizing special taxes, and insofar as applicable to a property tax that is not based on
value, such provisions of the California Revenue and Taxation Code and of Article XIII
of the California Constitution as relate to ad valorem property taxes apply to the
collection and administration of this tax (Severability Clause of Section 10).
The revenues raised by this tax are to be used solely to plan, finance, implement, manage,
own, and operate a multi-jurisdictional and countywide agency to prevent and mitigate
wildfires in Marin County. Such fund shall be spent and administered in each of the five
Marin Wildfire Prevention Authority Operational Zones, as set forth in Exhibit A.
SECTION 2. DEFINITIONS. The following definitions shall apply throughout this
Ordinance.
A. “Member Taxing Entities” means the following local agencies: the cities of San
Rafael, Mill Valley, Larkspur and Belvedere; the towns of San Anselmo, Corte Madera,
Fairfax, and Ross; the County of Marin (including Service Areas 13, 19 and 31); the Fire
Protection Districts of Southern Marin, Novato, Tiburon, Kentfield, Stinson Beach,
Bolinas, and Sleepy Hollow, the Marinwood Community Services District, the Inverness
Public Utility District, and Muir Beach Community Services District.
B. “Parcel” means the land and any improvements thereon, designated by an assessor’s
parcel map and parcel number and carried on the secured property tax roll of Marin
County. For the purposes of this Ordinance, parcel does not include any land or
improvements owned by any governmental agency.
C. “Fiscal year” means the period of July 1 through the following June 30.
D. “Marin Wildfire Prevention Authority Operational Zones” means the five operational
areas of Marin County, including West Marin, Novato, San Rafael, Central Marin, and
Southern Marin. The boundaries of these five areas are set forth in Exhibit A.
E. “Consumer Price Index” means the Consumer Price Index for all Urban Consumers
(CPI-U) for the San Francisco-Oakland-San Jose Area (1982-84=100) as published by
the U.S. Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is
discontinued or revised, such other government index or computation with which it is
replaced shall be used in order to obtain substantially the same result as would be
obtained if the Consumer Price Index had not been discontinued of revised.
SECTION 3. SPECIAL PARCEL TAX IMPOSED. A special parcel tax for the
purpose specified in Section 1 of this ordinance shall be imposed on all parcels of real
property in the County of Marin for the initial fiscal year commencing July 1, 2020,
through June 30, 2021. The maximum amount of the special parcel tax for each fiscal
year shall be as follows, as adjusted annually by the Consumer Price Index:
Improvement
Status
Property Type Maximum
Rate
Per
Improved
Agricultural Preserve
$0.1000
Building
Square
Foot
Commercial
Historical Property
Industrial
Multifamily Residential, less than 3 units
Open Space
Rural
Single Family Residential
Single Family Residential Attached
Other Subject to Exemption
Improved Multifamily Residential, 3 or more units $75.00 Unit
Unimproved All Non-Exempt, less than or equal to 0.25
acres
$25.00 Parcel
Unimproved All Non-Exempt, greater than 0.25 acres up
to and including 0.50 acres
$100.00 Parcel
Unimproved All Non-Exempt, greater than 0.50 acres $150.00 Parcel
Exempt All $0.00 Parcel
The maximum tax per year for each property type shall be adjusted to reflect any increase
in the Consumer Price Index beyond the first fiscal year the parcel tax is levied. Change
in the Consumer Price Index shall be calculated from February of the immediately
preceding year to February of the current year, or 1.03, whichever is less.
Before the beginning of each fiscal year, the Board of Directors for the Marin Wildfire
Prevention Authority shall determine the maximum parcel tax to be levied upon the
parcels for the upcoming fiscal year. The Board of Directors for the Marin Wildfire
Prevention Authority may authorize a parcel tax in an amount lower than the maximum
parcel tax, as adjusted by inflation, at its discretion.
The records of the Marin County Assessor as of July 1st of each year shall provide the
basis for determining the use and improvement of each parcel for the calculation of the
special parcel tax applicable to that parcel in the following fiscal year, with such
corrections as deemed necessary to reflect the actual use and improvement of an y parcel.
SECTION 4. SPECIAL FUND, USE OF TAX PROCEEDS.
The proceeds of the special tax imposed by this ordinance shall be placed in a special
fund to be used solely for the purpose of providing wildfire protection and prevention
services. Specifically, all proceeds from the parcel tax will be provided to Marin Wildfire
Prevention Authority solely for the purposes set forth and the expenditures authorized in
the Joint Powers Agreement.
SECTION 5. TAXES AS LIENS AGAINST THE PROPERTY.
The amount of taxes for each parcel each fiscal year shall constitute a lien on such
property in accordance with Revenue and Taxation Code Section 2187, and shall have the
same effect as an ad valorem real property tax lien until fully paid. Said special parcel
tax, together with all penalties and interest thereon, shall constitute until paid, to the
extent authorized by law, a personal obligation to the County of Marin by the persons
who own the parcel on the date the tax is due.
SECTION 6. COLLECTION.
The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem
property taxes and shall be due to the County of Marin. Insofar as feasible and insofar as
not inconsistent with this Ordinance, the taxes are to be collected in the same manner in
which the County of Marin collects secured roll ad valorem property taxes. Insofar as
feasible and insofar as not inconsistent with the Ordinance, the times and procedures
regarding exemptions, due dates, installment payments, correction, cancellations, refunds,
late payments, penalties, liens, and collections for secured roll ad valorem property taxes
shall be applicable to the collection of this tax. Notwithstanding anything to the contrary
in the foregoing, as to this tax: (1) the secured roll tax bills shall be the only notices
required for this tax; and (2) the homeowners and veterans exemptions shall not be
applicable to this tax because such exemptions are determined by dollar amount of value.
The reasonable costs incurred by the County officers collecting this tax shall be deducted
from the collected taxes.
SECTION 7. BALLOT LANGUAGE.
An election shall be held on March 3, 2020 on the issue of creating the Marin Wildfire
Prevention Authority and authorizing a parcel tax to fund the Authority. The Board of
Supervisors orders that the following question be placed as a County-wide Measure to
create the Marin Wildfire Prevention Authority and authorize a parcel tax to fund the
Authority:
Marin Wildfire Prevention Measure. To support coordinated wildfire prevention
including improving early wildfire detection, warning and alerts; reducing brush and
vegetation; ensuring defensible space around homes, neighborhoods and critical
infrastructure; and improving disaster evacuation routes/procedures; shall the Marin
Wildfire Prevention Measure, levying up to 10¢ per building square foot tax (described in
the ballot pamphlet) for 10 years, providing $21,000,0000 annually, with annual inflation
adjustments, independent citizen oversight/audits, and low-income senior exemptions, be
adopted?
SECTION 8. ADMINISTRATION AND AMENDMENT.
The Board of Supervisors by resolution may adopt procedures or definitions for the
implementation or administration of the special parcel tax, with approval of the Board of
Directors of the Marin Wildfire Prevention Authority. The Board of Supervisors shall be
empowered to amend this ordinance by an affirmative vote of at least a majority of its
members to carry out the general purposes of this ordinance, to conform the provisions of
this ordinance to applicable state law, to modify the methods of collection, or to assign
the duties of public officials under this ordinance, with approval of the Board of Directors
of the Marin Wildfire Prevention Authority.
In no event shall the Board of Supervisors amend this ordinance to increase the maximum
amount of the special parcel tax established in Section 2 of this ordinance, unless
approved by two-thirds of the voters voting thereon.
SECTION 9. LOW-INCOME SENIOR AND OTHER EXEMPTIONS.
Qualifications for the exemption applications for low-income persons 65 years of age or
older shall be evaluated annually based on the San Francisco, California HUD Metro
FMR Area rate for single persons as published annually by the U.S. Department of
Housing and Urban Development. The basis for exemptions may be reasonably amended
by the Board of Directors annually. The special parcel tax shall not be imposed upon any
parcel that is exempt from the special parcel tax pursuant to any provision of the United
States Constitution, California Constitution, California State law, or any paramount law,
or upon any parcel for which the owner qualifies for an exemption for low-income
persons 65 years of age or older.
SECTION 10. SEVERABILITY.
If any provision, section, subsection, sentence, phrase or clause of this Ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining
portion of the Ordinance. The voters within Marin County hereby declare that they
would have adopted the remainder of this Ordinance, including each provision, section,
subsection, sentence, phrase or clause, irrespective of the invalidity of any other
provision, section, subsection, sentence, phrase or clause.
SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon its confirmation by two-thirds of the voters voting within the County Marin in an
election to be held on March 3, 2020, so that taxes shall first be collected hereunder for
the fiscal year beginning July 1, 2020.
AYES:
NOES:
ABSTAIN:
ABSENT:
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