FAIRFAX TOWN COUNCIL MEETING
SUPPLEMENTAL STAFF REPORT
1 SUPPLEMENT TO AGENDA ITEM #2
MEETING DATE December 4, 2024
PREPARED FOR Mayor and Town Council
PREPARED BY Heather Abrams, Town Manager
SUBJECT Supplement to Agenda Item #2 Adopt a Resolution Reciting the Fact of the General Election held on November 5, 2024, Declaring the Result and Such Other Matters as Provided by Law
RECOMMENDATION
Resolution and Marin County Registrar of Voter’s final certified election results
ATTACHMENT
Resolution and final certified election results
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024; DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
WHEREAS, a General Municipal Election was held and conducted in the Town of Fairfax, California, on Tuesday, November 5, 2024, as required by law; and WHEREAS, notice of the election was given in the time, form and manner as provided by law; voting precincts were properly established; election officers were appointed, and in all respects the elections were held and conducted and the votes were cast, received and canvassed and the returns made and declared in the time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the Marin County Registrar canvassed the returns of the election and has certified the results to this Town Council; the results are received, attached, and made a part hereof as “Exhibit A”.
NOW, THEREFORE, the Town Council of the Town of Fairfax hereby finds, determines and resolves as follows:
Section 1. That the whole number of ballots cast in the precincts including vote-by-mail ballots and provisional ballots are detailed in the Official Canvass attached as Exhibit A.
Section 2. That the names of the persons voted for in the election for Member of Town Council were as follows:
Bruce Ackerman
Barbara Coler
Chance Cutrano
Frank Egger
Michael Ghiringhelli
Doug Kelly
Cindy Swift
Resolution No. ______
Section 3. That the following local Measures voted upon at the election are as follows:
Measure H
"Shall the office of Fairfax Town Clerk be appointive?" YES NO
Measure I
"Shall a measure be adopted to amend the Fairfax Town Code to repeal the Town's current Just Cause Eviction Ordinance and Rent Stabilization Ordinance and replace them with just cause eviction and rent stabilization standards in the California Tenant Protection Act of 2019 and prior Town Code."
YES
NO
Measure J
“To repair roads/infrastructure; fix potholes; repave streets; repair retaining walls/bridges; address flooding of roads/buildings; improve bike/pedestrian circulation, safe routes to schools, disabled access; and qualify for federal matching funds/grants, shall the Town of Fairfax’s measure authorizing $18,000,000 of bonds for up to 30 years for each series, at legal interest rates, levying approximately $30/$100,000 of assessed value, raising on average approximately $1,200,000 annually, requiring
audits/citizen oversight, be adopted?”
YES
NO
Section 4. That the number of votes cast in each precinct, and the number of votes cast in the Town for each of the persons above-named for the respective offices for which the persons were candidates, and for and against the Measures, are set forth in “Exhibit A,” which is attached hereto and incorporated herein by this reference.
Section 5. The Town Council does declare and determine that as a result of the election:
1) Barbara Coler, Frank Egger and Michael Ghiringhelli were elected as Members of the Town Council for the full term of four years;
and
2) A majority of voters voting on Measure H did not vote in favor thereof, the Measure Resolution No. ______
was not carried, and it shall not be deemed adopted and ratified. 3) A majority of voters voting on Measure I did vote in favor thereof, the Measure was carried, and it shall be deemed adopted and ratified.
4) The required two-thirds of voters voting on Measure J did not vote in favor thereof, the Measure was not carried, and it shall not be deemed adopted and ratified.
Section 6. The Town Clerk shall enter on the records of the Town of Fairfax, a statement of result of the election, showing:
1) The whole number of votes/ballots cast in the Town;
2) The names of the persons voted for;
3) The measures voted upon;
4) For what office each person was voted;
5) The number of votes cast at each precinct for each person, and for and against the measures; and
6) The total number of votes cast for each person, and for and against the measures.
Section 7. The Town Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the Town Clerk and authenticated; that the Town Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the Town Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
Section 8. The proposed action pertains to the organizational activities of the Town and does not constitute a “project” under the California Environmental Quality Act (“CEQA”), Guidelines section 15378(b)(5). Further, and in the alternative, it can be seen with certainty that these organizational activities will have no impact on the environment and thus, this matter is exempt under CEQA, Guidelines section 15061(b)(3).
Section 9. The Town Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
Section 10. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Town Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 11. Effective Date. This Resolution shall become effective upon adoption.
Resolution No. ______
PASSED, APPROVED and ADOPTED this 4th day of December 2024.
BARBARA COLER
MAYOR
I, Christine Foster, Deputy Town Clerk of the Town of Fairfax, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the Town Council held on the 4th day of December 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
CHRISTINE FOSTER
DEPUTY TOWN CLERK
CERTIFICATE OF ELECTION
I, LYNDA ROBERTS, the Registrar of Voters for the County of Marin, in the State of California, do hereby certify the canvass of the results of the votes cast at the General Election, held on November 5, 2024, for measures and contests that were submitted to the voters, and that the Statement of Votes Cast is full, true, and correct.
The official record is retained with the office of the
Marin County Elections Department, and the
Official Final Results summary is provided herewith.
IN WITNESS WHEREOF, I have set my hand and affixed my official seal on this 3rd day of December, 2024.
Regi rar of Voters, County of Marin
EXHIBIT A
Contest Total
No 2,640 59.96%
Yes 1,763 40.04%
Total Votes 4,403
Ballots Received / Number of Registered Voters 5,200 / 5,908 88.02% Marin County Elections Department GENERAL
ELECTION, NOVEMBER 5, 2024
Official Final Results
Measure H - Town of Fairfax (Requires Majority)
Precincts Reported: 2 of 2 (100.00%)
Contest Total
Bonds Yes 2,991 63.19%
Bonds No 1,742 36.81%
Total Votes 4,733
Ballots Received / Number of Registered Voters 5,200 / 5,908 88.02% Measure I - Town of Fairfax (Requires Majority)
Precincts Reported: 2 of 2 (100.00%)
Contest Total
Bonds Yes 2,966 62.04%
Bonds No 1,815 37.96%
Total Votes 4,781
Ballots Received / Number of Registered Voters 5,200 / 5,908 88.02% Measure J - Town of Fairfax (Requires 2/3)
Precincts Reported: 2 of 2 (100.00%)
Candidates Total
Frank Egger 2,772 21.75%
Michael Ghiringhelli 2,367 18.57%
Barbara Coler 1,729 13.57%
Chance Cutrano 1,657 13.00%
Bruce Ackerman 1,652 12.96%
Cindy Swift 1,583 12.42%
Total Votes
983
Total
Ballots Received / Number of Registered Voters 5,200 / 5,908 88.02% Town of Fairfax Town Council Members
Vote for 3
Precincts Reported: 2 of 2 (100.00%)
Marin County Elections Department GENERAL
ELECTION, NOVEMBER 5, 2024
Official Final Results
Doug Kelly
12,743
7.71%