Fairfax voters face decisions on road funding, town clerk post

Fairfax voters will consider this fall whether to approve Measure J, a $18 million bond measure to raise funds for road repairs, and Measure H, which would lead to the appointment of town clerk.

Both measures will be on the Nov. 5 ballot. Mayor Barbara Coler said it is “critical that our road bond measure is successful.”

“It is a small investment to make in the future of our town,” she said.

The ballot measure states: “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?”

The bond measure would need a two-thirds majority vote in favor for it to pass. However, it could pass with 55% with the passage of ACA-1, a state ballot measure to lower the voter threshold for general obligation bonds and special taxes for affordable housing and infrastructure projects. There is no sunset clause.

Fairfax is ranked the lowest in the county on the pavement condition index, or PCI, which rates the severity and extent of road damage. The town has a PCI of 52 — considered “at risk” — and ranks 98th out of 109 Bay Area municipalities that track road conditions.

The town’s PCI is on pace to drop to 46 in the next five years, a town consultant told the council last month.

The bond-funded plan focuses on the main routes through town, including Sir Francis Drake Boulevard, Bolinas Road, Center Boulevard, Broadway, Laurel Drive, Scenic Road, Willow Avenue and Porteous Avenue.

The measure has aroused some opposition, including from former elected officials and the Coalition of Sensible Taxpayers, or COST. The $18 million bond would cost the town $40 million, said Mimi Willard, president of COST.

“California is facing a tax tsunami,” she said. “The town of Fairfax is trying to ride that wave despite clear signs that its residents are drowning.”

The town has persisted with the measure despite a survey that said 64% of residents would support a $18 million bond, just short of the two-thirds needed. At least half of respondents in the poll also said they felt the town was moving in the wrong direction.

“Unfortunately, significant road issues are commonplace in Fairfax and current pay-as-you-go funds will not be sufficient to keep the deferred maintenance from becoming more costly over time,” said Town Manager Heather Abrams.

Councilmember Chance Cutrano said the town will save money in the long run.

“By voting yes on Measure J, Fairfax can repair nearly half of our streets over five years, unlock millions in federal grants and enhance emergency preparedness,” he said.

Councilmember Lisel Blash said, “We need to abandon the wait-and-see attitude that got us to where we are today and get to a fix-it-first strategy of preventive maintenance.”

As for Measure H, proponents say it is intended to modernize town administration. The ballot measure will read: “Shall the office of Fairfax Town Clerk be appointive?”

Michele Gardner held the elected position and also served as deputy town clerk, a staff-appointed position, until she retired last year. The position is up for election in 2026.

In the interim, Christine Foster is filling both roles. Abrams said recruitment is underway to fill the deputy town clerk position.

The elected town clerk is unpaid and all the responsibilities are delegated to the employees.

The town has argued that the position has become highly professionalized. Clerks are responsible for ensuring the law is followed regarding election filings, public records requests, document management, parliamentary procedures, the Brown Act and other requirements.

Town codes and state law do not have formal accountability for failing to performing the function, she said. The only legal requirements are that the person is over 18 and a town resident. There are concerns that some would be unprepared for the job, or seek election in order to disrupt town proceedings.

Five former Fairfax mayors — Susan Brandborg, Peter Lacques, Larry Bragman, Frank Egger and Michael Ghiringhelli — signed a ballot argument against the measure. The argument said the position has been elected since 1931 and should stay independent.