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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 1 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. 2 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 4 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. 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