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LWV League of Women Voters of California Education Fund
Smart Voter
Marin County, CA November 4, 2008 Election
Measure E
Twin Cities Public Safety Building/911 Response Improvement Measure
Twin Cities Police Authority

Bond Measure - 2/3 Approval Required

Pass: 8449 / 69.32% Yes votes ...... 3739 / 30.68% No votes

See Also: Index of all Measures

Results as of Jan 5 11:00am, 100.0% of Precincts Reporting (18/18)
Information shown below: Impartial Analysis | Arguments | Tax Rate Statement | Full Text

To improve 911 emergency response, ensure disaster preparedness, and maintain school/community policing, shall Twin Cities Police Authority Community Facilities District No. 2008-1 be authorized to finance/ equip an energy efficient earthquake safe police/emergency operations center and upgrade emergency communications systems by issuing $20,000,000 in bonds, be authorized to levy special taxes to pay bonds and District costs, and initial annual $2,100,000 appropriations limit; requiring citizen's oversight, annual audits and allowing low-income exemptions?

Impartial Analysis from County Counsel
If this measure is approved by a two-thirds vote, the Twin Cities Police Authority will be authorized to issue Twenty Million dollars ($20,000,000) in bonds, and to levy special taxes to pay the bonds and District costs, for the purpose of financing the construction and equipping of a public safety, police and emergency response facility. The measure incorporates requirements requiring citizen's oversight, annual audits, and allowing low-income exemptions. The measure would also establish an initial annual appropriations limit of Two Million One Hundred Thousand dollars ($2,100,000).

Dated: August 14, 2008
s/PATRICK K. FAULKNER
County Counsel

 
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Arguments For Measure E Arguments Against Measure E
A new Police Station for Corte Madera, Larkspur, and Greenbrae is desperately needed and long overdue. Originally occupied 35 years ago as a temporary library building, the current station has been home to the Twin Cities Police for the last 28 years. It's inefficient, overcrowded (45 officers and staff in a space meant for 25) and lacks secure private space for crime victims, including abused women and children.

Most troubling, the building may not be operational following a major earthquake because it wasn't designed or built using modern building codes or engineering. The proposed new facility will combine the police headquarters, 911 dispatch and Emergency Operations Center in a modern, earthquake-safe building designed to survive a disaster. A direct benefit of the new facility will be reduced emergency response times due to updated technology and enhanced ability to coordinate first responders.

Measure E will provide: automated defibrillators in every patrol car; mobile GPS mapping; improved 911 response technology, and critical programs targeted for children and seniors at risk - all proven to save lives. The new building, which will replace the Police Station at its current site, will be certified "LEED" energy efficient and situated to increase the usable public space in Piper Park.

The $20 million bond measure includes funds for escalation and contingencies; however, after a competitive bid process the final costs could be much less. The bond will be repaid by an annual assessment of $109 for each residential unit in Corte Madera and Larkspur, and an assessment of 10.6 cents per square foot for commercial property owners, over a maximum of 40 years. Low-income persons and nonprofit organizations can apply for an annual exemption.

We cannot delay building a new earthquake-safe police station. For our safety's sake, we urge you to vote yes on measure E. http://www.yesonEtcpd.com

s/MICHAEL LAPPERT Mayor, Corte Madera
s/KATHY HARTZELL Mayor, Larkspur
s/PHIL GREEN Chief, Twin Cities Police Department
s/HARRY SCHREIBMAN Corte Madera - Recipient Lifetime Achievement Award for Community Involvement
s/MONICA BONNY President, Larkspur School Board

Rebuttal to Arguments For
Yes, there is a need for a new Twin Cities Police Authority facility. But why are we putting the cart in front of the horse?

Wouldn't it be more prudent and responsible to first have a realistic idea of what it might cost before we give the government a blank check for $20 million dollars? What happened to living within our means? The $20 million borrowed, like a mortgage, could cost $60 million or more to pay back.

We are told that that the final costs could be less than the $20 million. What if the bids come in higher (which happens more often than not)? Who pays then? We are told that Measure E would provide funds for payroll expenses and defibrillators, GPS systems, and other improved technology. If Measure E is passed, we will end up paying for these "depreciating assets" for the next forty years, long after they have worn out and been replaced.

Would you buy a computer with a forty year loan? We are also told the building would be certified "LEED" energy efficient, at an estimated additional cost of perhaps $1 million dollars. But we haven't heard why this is necessary. Will this certification provide any benefit? For example, will it result in reduced utility costs? Can't we just follow basic California laws and make the building energy efficient?

Let's not buy a pig in a poke. Vote No on Measure E. Let's start over and do it right.

s/STUART JACOBSON
s/DAVID A. STAINBROOK
s/SUSAN TOPOR
s/GEORGE R. TOPOR

We are being asked to approve a $20 million, forty year bond issue to provide for a new 16,500 square foot Twin Cities Police Authority (TCPA) Building. That could cost each of us (homeowners and renters). $4,360.00 ($109.00 per year X 40) If the bond issue passes, bids on actual costs aren't expected for another year. The costs provided are "conservative" estimates based on what similar facilities are costing.

The TCPA breaks down the $20 million to approximately $13 million in Hard Costs (generally labor, materials, construction and profit) and $7 million Soft Costs (fees, insurance closing costs, payroll, etc.) Hard Costs and Soft Costs amount to $1,212.00 per square foot in total. Hard and soft cost figures can be manipulated by moving items from one category to the other to make projected figures look more reasonable.

This bond issue does not cover an estimated $5 million that Corte Madera and Larkspur will need to spend on associated matters relating to the project.

Should we pass a $20 million bond issue based on "conservative" estimates that also requires an additional $5 million dollars in costs? Or should we ask that the TCPA take a better look at the entire project?

s/STUART JACOBSON
s/DAVID A. STAINBROOK
s/SUSAN TOPOR
s/GEORGE R. TOPOR

Rebuttal to Arguments Against
Scientists tell us California has a 99 percent chance of a 6.7 or stronger earthquake in the next 30 years. With Measure E, you get a new police station with a state-ofthe- art 9-1-1 Center and Emergency Operations Center that will survive the worst disaster.

This new police station is about protecting you and saving lives. It is desperately needed and long overdue. Since early 2001, replacing the Twin Cities Police station has been the #1 priority of Larkspur and Corte Madera community leaders. Throughout the comprehensive eight-year planning process, the engineers and architect have worked with your elected officials to locate and design a facility adequately sized, energy efficient and earthquake safe, for the lowest possible cost to taxpayers.

The project's cost estimates are admittedly "conservative" because future cost escalation and construction contingencies are built into the estimates. An open competitive bid process will determine the project's final cost, which may be lower. Maintenance, repair and facility replacement costs are included in the financing structure so this is a self-sustaining project that will serve our communities far beyond 40 years.

Opponents of Measure E show you large, scary numbers, but the real cost of this project to homeowners is only 30 cents per day. As a final assurance, Measure E includes a Citizens' Oversight Committee to review the project's revenues and development.

Opponents of Measure E say we should "take a better look" at the project. After eight years of careful public planning and review, it's time to act.

http://www.yesonEtcpd.com

s/BOB SINNOTT Larkspur Fire Chief
s/ROGER SPREHN Corte Madera Acting Director of Emergency Services
s/STAN HOFFMAN President Corte Madera Chamber of Commerce
s/BECKY REED Corte Madera GET READY Disaster Preparedness Coordinator
s/BILL LEVINSON Superintendent Tamalpais Union High School District, 1992-2004

Tax Rate Statement from Bond Counsel
An election will be held in the Twin Cities Police Authority Community Facilities District No. 2008-1 (Public Safety, Police and Emergency Response Facilities and Services) (the "District") on November 4, 2008, for the purpose of authorizing the District to levy special taxes (the "Special Taxes") and to incur bonded indebtedness in the principal amount of up to $20,000,000 (the "Bonds"), in order to fund the costs of the acquisition, construction, equipping and furnishing of a police/emergency operations center and related improvements, the acquisition of mobile technology, 911 GPS mapping equipment and related emergency communications systems, and the acquisition of automatic external defibrillators, pay costs related to services eligible to be funded by the District, fund building replacement reserves, and pay other administrative expenses and Bond issuance costs, all as specified in the proceedings to form the District.

The following information regarding Special Tax rates is given to comply with the California Elections Code. The Rate and Method of Apportionment of Special Tax for the District (the "Rate and Method") specifies that a Special Tax may be levied annually upon the parcels of real property in the District in an amount sufficient to (i) pay the principal and interest on the Bonds, (ii) create or replenish reserve funds established for the Bonds, (iii) cure any delinquencies in the payment of principal or interest on Bonds which occurred in the prior fiscal year or (based on delinquencies in the payment of Special Taxes which have already taken place) are expected to occur in the fiscal year in which the tax will be collected, (iv) pay certain administrative expenses, (v) pay acquisition or construction expenses to be funded directly from Special Tax proceeds, as applicable; (vi) pay for services authorized to be funded by the District, and (vii) provide for a building replacement reserve fund (collectively, the "Special Tax Requirement"). Certain publicly-owned property, property owned by public or private utilities or railroads, property that is not developable, property that is underwater, property that is owned by a homeowners association or a nonprofit entity, and property for which a low-income exemption form has been filed for the applicable fiscal year, are exempt from the Special Tax levy, as specified in the Rate and Method.

It is currently expected that, if the District ballot measure is approved by at least two-thirds of the qualified electors casting ballots in the election, the Bonds will be issued in late 2008 or the Spring of 2009, and will have a term of forty years. The actual timing of the sale of the Bonds, the term that the Bonds are to remain outstanding, and the amount of the Bonds sold will be governed by bond market conditions and the needs of the District. The actual interest rates on the Bonds will be based on the bond market tax-exempt interest rates at the time of the sale of the Bonds.

If the District ballot measure passes, Special Taxes are authorized to be levied each fiscal year (regardless of the maturity of the Bonds), with the maximum rate per parcel for Fiscal Year 2009-2010 to be $109 per unit of Residential Property on the respective parcel, $109 per parcel of Vacant Single Family Property or Vacant Multi-Family Property, and the greater of $0.106 per Building Square Foot or $109 per parcel of Non-Residential Property (capitalized terms used in this sentence having the meanings given to those terms in the Rate and Method). On July 1, 2010 and each July 1 thereafter, the maximum Special Taxes for Non-Residential Property will be increased by two percent (2%) of the amount in effect in the previous Fiscal Year.

Once Bonds have been sold that are secured by the Special Tax, the maximum Special Tax applicable to a parcel in the District will not be reduced regardless of changes in land use, unit count or square footage, or configuration of the parcel, with the following exception: if, in the Twin Cities Police Council's sole discretion, the unit count or square footage for a parcel overstates the number of units or square footage on the parcel, the Twin Cities Police Council may allow a reduction in the unit count or square footage, and a corresponding reduction in the maximum Special Tax assigned to the parcel if and only if the total maximum Special Tax revenues that can be collected within the District after such reduction is permitted is determined by the District Administrator to be sufficient to fund the Special Tax Requirement. No further Special Taxes will be levied within the District after Fiscal Year 2048-49, except that Special Taxes that were lawfully levied in or before such Fiscal Year and that remain delinquent may be collected in subsequent years.

The actual Special Tax to be levied in any specific year may be less than the authorized maximum tax rates described above, as determined by the Twin Cities Police Council or its designee for each fiscal year.

Dated: August 7, 2008
s/PAUL J. THIMMIG
Bond Counsel for the Twin Cities Police Council

Full Text of Measure E
RESOLUTION NO. 14/08 A RESOLUTION OF THE TWIN CITIES POLICE COUNCIL OF THE TWIN CITIES POLICE AUTHORITY OF FORMATION OF TWIN CITIES POLICE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2008-1 (PUBLIC SAFETY, POLICE AND EMERGENCY RESPONSE FACILITIES AND SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT

RESOLVED, by the Twin Cities Police Council (the "Council") of the Twin Cities Police Authority (the "Authority"):

WHEREAS, on June 16, 2008, this Council adopted Resolution No. 10/08 entitled "A Resolution of the Twin Cities Police Council of the Twin Cities Police Authority Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein" (the "Resolution of Intention") stating its intention to form the Twin Cities Police Authority Community Facilities District No. 2008-1 (Public Safety, Police and Emergency Response Facilities and Services) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the "Law"); and

WHEREAS, the Resolution of Intention, incorporating by reference a map of the proposed boundaries of the District and describing the facilities eligible to be financed by the District (the "Facilities") and the services eligible to be funded by the District (the "Services"), the cost of financing the costs of the Facilities and of providing the Services and the rate and method of apportionment of the special tax to be levied within the District to pay the cost of financing the costs of the Facilities and of providing for the annual costs of the Services, and to pay the principal and interest on bonds proposed to be issued with respect to the District, is on file with the Secretary and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and

WHEREAS, the Resolution of Intention called for a public hearing on the District as required by the Law and the Resolution of Intention relative to the proposed formation of the District to be held on July 24, 2008; and

WHEREAS, the public hearing was opened by the Council on July 24, 2008 and was continued by the Council to August 6, 2008; and

WHEREAS, on this date this Council held the continued public hearing; and

WHEREAS, at the continued hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District, the Facilities and Services eligible to be funded by the District and the levy of the special tax were heard, and a full and fair hearing was held; and

WHEREAS, at the continued hearing, evidence was presented to this Council on the matters before it, including a report by the Fiscal Officer of the Authority (the "Report") as to the Facilities and Services eligible to be funded by the District and the costs thereof (it being acknowledged that the Fiscal Officer provides services to the Authority equivalent to those of a treasurer), a copy of which report is on file with the Secretary, and this Council at the conclusion of the hearing was fully advised regarding the District; and

WHEREAS, written protests with respect to the formation of the District and/or the furnishing of specified types of Facilities or Services as described in the Report have not been filed with the Secretary by fifty percent (50%) or more of the registered voters residing within the territory of the District or property owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax; and

WHEREAS, the special tax proposed to be levied in the District to pay for the costs of the Facilities and to pay for the annual costs of Services, as set forth in Exhibit B to the Resolution of Intention, has not been eliminated by protests by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax.

NOW, THEREFORE, it is hereby DECLARED and ORDERED, as follows:

Section 1. The foregoing recitals are true and correct.

Section 2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Law. On June 16, 2008, this Council adopted Resolution No. 9/08 approving Local Goals and Policies for Community Facilities Districts, and this Council hereby finds and determines that the District is in conformity with said goals and policies.

Section 3. All prior proceedings taken by this Council in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Law.

Section 4. The community facilities district designated "Twin Cities Police Authority Community Facilities District No. 2008-1 (Public Safety, Police and Emergency Response Facilities and Services)" is hereby established pursuant to the Law.

Section 5. The boundaries of the District, as described in the Resolution of Intention and set forth in the boundary map of the District recorded on June 19, 2008 at 12:09 p.m. in the Marin County Recorder's Office in Book 2008 of Maps of Assessment and Community Facilities Districts at Page 125 (instrument no. 2008061900068), are hereby approved, are incorporated herein by this reference and shall be the boundaries of the District.

Section 6. The type of facilities and services eligible to be funded by the District pursuant to the Law are as described in Exhibit A to the Resolution of Intention, which Exhibit is by this reference incorporated herein.

Section 7. Except to the extent that funds are otherwise available to the District to pay for the Facilities and the Services and/or to pay the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Council shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B to the Resolution of Intention, which Exhibit is by this reference incorporated herein. This Council hereby finds that the basis for the levy and apportionment of the special tax, as set forth in the Rate and Method, is reasonable. Section 8. The Fiscal Officer of the Twin Cities Police Authority, being the City Manager of the City of Larkspur, 400 Magnolia Avenue, Larkspur, California 94939, telephone number (415) 927-5110, is the officer of the Authority that will be responsible for preparing annually and whenever otherwise necessary a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Law.

Section 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the Authority ceases.

Section 10. In accordance with Section 53325.7 of the California Government Code, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, of the District is hereby preliminarily established at $2,100,000 and said appropriations limit shall be submitted to the voters of the District as provided below. The proposition establishing the annual appropriations limit shall become effective if approved by the qualified electors voting thereon, and the appropriation limit shall be adjusted in accordance with the applicable provisions of Section 53325.7 of the Law without any further action of this Council.

Section 11. Pursuant to the provisions of the Law, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election, the time, place and conditions of which election shall be as specified by a separate resolution of this Council.

Section 12. It is hereby acknowledged that the Secretary to the Police Chief has been acting as, and shall continue to act as, the Secretary of the Authority; and the City Manager of the City of Larkspur has been acting as, and shall continue to act as, the Fiscal Officer of the Authority, in each case until this Council designates a successor to such Secretary and Fiscal Officer, respectively, consistent with the applicable provisions of the Joint Exercise of Powers Agreement for Police Services which established the Authority.

Section 13. This Resolution shall take effect upon its adoption.


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