November 5, 2019 - Measure F

TOWN ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE F

On June 5, 2019, the Town Council voted to place Measure F on the ballot. Measure F, if passed by two-thirds (2/3) of the voters, would amend the Town Code to extend the term of and gradually increase the rate of the Town’s special municipal services tax currently levied on residential and business property within the Town of Fairfax.

In November, 2014, Fairfax voters approved the Town’s current special municipal services tax at a rate of $195 per year on each residential dwelling unit and each business occupancy within the Town of Fairfax (Measure J). The current special tax generates approximately $710,000 in annual revenue that, by law, must be used exclusively for the following specific purposes:

• Maintaining 24-hour, seven days per week staffing of the local Police Station;
• Maintaining Fire Department services;
• Funding public works and safety projects; and
• Enhancing youth and senior programs.

Measure J revenues are overseen by a citizens’ oversight committee to ensure they are spent in accordance with Measure J and other applicable law. The Town Manager also is required to file annually, a special tax accountability report with the Town Council. Measure J is scheduled to sunset on June 30, 2020, after which the Town would no longer have the authority to levy this special tax for the purposes above.

If passed by two-thirds (2/3) of Fairfax voters, Measure F would amend the Town Code to extend the term of the special municipal services tax by eleven (11) years (extending the sunset date from June 30, 2020 to June 30, 2031). Measure F also would gradually increase the rate of the special municipal services tax. For the first year (2020), the rate would remain at the current $195 per year on each residential dwelling unit and each business occupancy. In 2021 and each subsequent year, the rate would increase by $5 per year, subject to a maximum of $250 per year on each residential dwelling unit and each business occupancy.

It is estimated that Measure F would generate between $711,000 and $912,500 annually. Measure F is a special tax that retains the same spending limitations as Measure J. Therefore, Measure F revenues could be spent only on those specific purposes identified above. It also retains Measure J’s citizens’ oversight and the special tax accountability reporting requirements pursuant to Town Code Chapter 3.02.

A “YES” vote would be a vote to extend the term of the current special municipal tax by eleven (11) years and to gradually increase the tax rate from a maximum of $195 per year to $250 per year on each residential dwelling unit and each business occupancy, subject to the conditions and restrictions stated above.

A “NO” vote would be a vote not to extend the term of the special municipal tax and gradually increase the tax rate, as outlined above.

s/JANET COLESON
Town Attorney
Town of Fairfax

ARGUMENT IN FAVOR OF MEASURE F

Measure F is not a new tax, it simply continues the sound fiscal policy begun when Fairfax overwhelmingly passed the first Measure F fifteen years ago and renewed with Measures I and J. Measure F proposes an eleven-year extension of Fairfax’s special municipal tax of $195 for the first year - increasing $5 annually to a maximum of $250.

Measure F will help Fairfax keep our local Police open 24/7, maintain/enhance our local Fire services and wildfire prevention efforts, fund public works projects, continue our youth/senior programs and support improving our pedestrian trails.

Every dollar raised by Measure F will stay in Fairfax for public safety, public works, youth and senior programs. Fairfax cannot afford to lose these funds – costs to maintain public services have increased. Continuation of this measure with modest increases is critical to ensure our town’s fiscal solvency and independence.

Fairfax has taken aggressive actions to reduce costs:

• Trimmed pension benefits for new hires
• Town employees pay their share into pension plans
• Held less critical employee positions vacant to increase savings
• Obtained/utilized grants for infrastructure projects (e.g., mudslides, road repairs, parking lots, safety routes)
• Refinanced pre-2013 CalPers payments saving $1.2M over 20 years

Notwithstanding these efforts, without Measure F, Fairfax will face budget shortfalls and cuts to core public services which we count on to maintain our quality of life.

Fairfax runs lean budgets and employs the fewest employees per capita of any small town in Marin. At the same time, it has maintained locally controlled 24/7 public safety services, second to none in cost and effectiveness. Public works projects have repaired local roads, led repairs of past years rain damages, improved our pedestrian trails and bicycle school safety routes. Fairfax’s commitment to thrift, progressive actions and open government deserves to be preserved.

PLEASE VOTE YES ON F

s/ BARBARA COLER
Fairfax Mayor

s/ RENEE L. GODDARD
Fairfax Vice-Mayor

s/ JASON WEBER
Fire Chief, Ross Valley Fire and Marin County Fire

s/ CHRISTOPHER E. MORIN
Police Chief, Fairfax Police Department

s/ BARBARA L. PETTY
Former Treasurer, Town of Fairfax & Fairfax Resident

ARGUMENT AGAINST MEASURE F

No argument against Measure F was filed.

FULL TEXT OF MEASURE F

ORDINANCE NO. ______
AN ORDINANCE OF THE TOWN OF FAIRFAX, CALIFORNIA,
AMENDING CHAPTER 3.20 OF THE FAIRFAX MUNICIPAL CODE AUTHORIZING THE LEVY OF A SPECIAL TAX TO FINANCE MUNICIPAL SERVICES
THE PEOPLE OF THE TOWN OF FAIRFAX, CALIFORNIA DO HEREBY ORDAIN AS FOLLOWS:

Section 1.    Section 3.20.020 of Chapter 3.20 of the Fairfax Municipal Code is hereby amended to read as follows:

§ 3.20.020 SPECIAL SERVICES TAX IMPOSED; RATE.

A special municipal services tax not exceeding the maximum amounts set forth in this section is imposed on all improved real property within the boundaries of the town:

(A) A special municipal services tax is levied and imposed upon improved residential property at a rate of $195 in the first year and increasing $5 annually to a maximum of $250 per dwelling unit. As used herein the term “dwelling unit” means any building or portion thereof used and/or designed as a separate dwelling accommodation, with cooking, living and sleeping facilities.

(B) A special municipal services tax is levied and imposed upon improved business property at a rate of $195 in the first year and increasing $5 annually to a maximum of $250 for each business occupancy. As used herein, the term “business occupancy” means any portion of a building or structure or other improved real property which is occupied or designed to be occupied by a separate business establishment required to be licensed as such pursuant to Title 5 of this code.

Section 2.    Section 3.20.080 of Chapter 3.20 of the Fairfax Municipal Code is hereby amended to read as follows:

§ 3.20.080 TERMINATION OF PROVISIONS.

This chapter shall be null and void as of 12:00 midnight, June 30, 2031, and shall have no force and effect whatsoever after said time and date. Notwithstanding the previous sentence, § 3.20.060, relating to collection and enforcement of liens or obligations for the special tax previously levied hereunder, shall continue in effect until such time as the collection and enforcement procedures have been completed.

Section 3.    The appropriations limit of the Town of Fairfax established under Article XIIIB, Section 6 of the California Constitution shall be increased by the proceeds received from the special tax imposed by this ordinance. Any future increases in the appropriations limit shall be approved by a majority vote of the voters voting thereon.

Section 4.    If any provision of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this ordinance are declared to be severable. The Town Council, and the electorate by referendum, do hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof, be declared invalid or unconstitutional.

Section 5.    This ordinance shall be adopted and become effective only if approved by two-thirds of the voters voting thereon, at an election to be held on November 5, 2019.

Section 6.    The Mayor is hereby authorized to attest to the adoption of this ordinance by signing where indicated below.

I hereby certify that the foregoing ordinance was PASSED, APPROVED AND ADOPTED by the people of the Town of Fairfax voting on the 5th day of November 2019.

s/ BARBARA COLER
Mayor

ATTEST:
s/ MICHELE GARDNER
Town Clerk