HomeMy WebLinkAboutCC November 5, 2024 General Municipal Election Results____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: December 16, 2024
Disposition: Resolution 15361
Agenda Item No: SM 1.a
Meeting Date: December 16, 2024
SAN RAFAEL CITY COUNCIL STAFF REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ________
TOPIC: NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION RESULTS
SUBJECT: RESOLUTION DECLARING CANVASS OF VOTES CAST AND
RESULTS OF THE CONSOLIDATED GENERAL MUNICIPAL ELECTION
HELD ON NOVEMBER 5, 2024, TO INCLUDE RESULTS OF BALLOT
MEASURE P
RECOMMENDATION:
Adopt a resolution declaring the results of the Consolidated General Municipal Election
held on November 5, 2024.
BACKGROUND:
A General Municipal Election was held in the City of San Rafael on Tuesday, November
5, 2024. Sections 10262 through 10264 of the California Elections Code require that
upon certification of the results of an election by the County Elections Office, the City
Council shall meet to declare the results of the election. The City Council is required to
adopt a resolution (Attachment 1) and the City Clerk is required to enter a statement of
the results into the minutes.
On December 3, 2024, Marin County Chief Elections Officer Lynda Roberts certified the
results of the election, and the Official Report is included as Exhibit A to the resolution.
According to the Official Report, the qualified electors cast ballots at said election for the
Offices of Mayor, City Councilmember Districts 1 & 4, City Attorney, City Clerk &
Assessor, and Measure P as follows:
Candidate Election Votes In
Favor
Percentage
Kate Colin Mayor 21, 070 86.12%
Maika Llorens Gulati Councilmember District 1 1,818 100%
Rachel Kertz Councilmember District 4 5,568 80.99%
Robert Epstein City Attorney 19,156 100%
Lindsay Lara City Clerk & Assessor 19,079 100%
N/A Measure P 12,375 52.02%
Pursuant to Sections 5326 and 5328 of the Education Code, an election was not held in
the San Rafael Elementary School District and the San Rafael High School District in
Trustee Area 1, 3 and 5 on Tuesday, the 5th day of November 2024 due to lack of
opposition. The following people who were nominated for Trustee Area positions 1, 3
and 5 on the San Rafael Board of Education will assume office by operation of law, for
full terms of four years each.
Mark Koerner, Trustee Area 1
Maureen 'Mo' de Nieva-Marsh, Trustee Area 3
Isai Rodas, Trustee Area 5
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDED ACTION:
Adopt a resolution declaring the results of the consolidated general municipal election
held on November 5, 2024.
ATTACHMENTS:
1. Resolution
2.Exhibit A to Resolution: Official November 5, 2024 Election Results
3.Exhibit B to Resolution: Ordinance No. 2044 (Measure P)
4906-6571-5461 v1 Page 1 of 5
RESOLUTION NO. 15361
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING
CANVASS OF RETURNS AND RESULTS OF CONSOLIDATED GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 5, 2024
WHEREAS, in pursuance of law and the Charter of the City of San Rafael, there
was held in said City on Tuesday, the 5th day of November 2024, a consolidated general
municipal election to elect municipal officers, at which election the offices to be filled and
the candidates for such offices were as follows:
Mayor:
Kate Colin
Mahmoud Shirazi
Councilmember District 1:
Maika Llorens Gulati
Councilmember District 4:
Rachel Kertz
Mark Galperin
City Attorney
Robert Epstein
City Clerk & Assessor
Lindsay Lara
WHEREAS, pursuant to Sections 5326 and 5328 of the Education Code, an
election was not held in the San Rafael Elementary School District and the San Rafael
High School District on Tuesday, the 5th day of November 2024 for Board of Education
Trustee Areas 1, 3 and 5, as only the following three persons were nominated for the three
Trustee positions on the San Rafael Board of Education in Trustee Areas 1, 3 and 5, and
they will therefore assume office on the San Rafael Board of Education by operation of law
for a full term of four years each:
For Trustees, San Rafael Board of Education:
Mark Koerner, Trustee Area 1
Maureen 'Mo' de Nieva-Marsh, Trustee Area 3
Isai Rodas, Trustee Area 5
WHEREAS, the following measure was submitted to the electors of the City of San
Rafael at the consolidated municipal election held on Tuesday, November 5, 2024:
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MEASURE P –
“Shall the measure, to levy an annual special parcel tax in the City of San Rafael to fund
the construction of a new Albert Park main library and community center, at the rate of
$0.145 per square foot of improved building area and $75.00 per vacant parcel, estimated
to generate $6,370,000 annually, and continuing for thirty years or until construction bonds
are satisfied, be adopted?”
WHEREAS, said consolidated general municipal election was held on Tuesday,
November 5, 2024, in accordance with law and the votes thereat received and canvassed,
and the returns thereof ascertained, determined and declared in all respects as required by
law.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San
Rafael resolves as follows:
1. That the total number of ballots cast in the precincts and vote by mail ballots for the
City of San Rafael was 27,555 out of 32,942.
2. That said General Municipal election was held for the purpose of electing one
Mayor, one District 1 Councilmember, one District 4 Councilmember, one City Attorney,
one City Clerk and Assessor, and trustee for San Rafael Board of Education Trustee Area
1, for terms expiring upon the election of the successor thereto at the general election in
November 2028;
3. That the names and results of the persons voted for at said election for Mayor are:
NAME NUMBER OF VOTES RECEIVED
KATE COLIN 21,070 (86.12%)
MAHMOUD A. SHIRAZI 3,396 (13.88%)
4. That the name and results of the person voted for at said election for
Councilmember District 1 is:
NAME NUMBER OF VOTES RECEIVED
MAIKA LLORENS GULATI 1,818 (100%)
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5. That the names and results of the persons voted for at said election for
Councilmember District 4 are:
NAME NUMBER OF VOTES RECEIVED
RACHEL KERTZ 5,568 (80.99%)
MARK GALPERIN 1,307 (19.01%)
6. That the name and results of the person voted for at said election for City Attorney
is:
NAME NUMBER OF VOTES RECEIVED
ROBERT EPSTEIN 19,156 (100%)
7. That the name and results of the person voted for at said election for City Clerk and
Assessor is:
NAME NUMBER OF VOTES RECEIVED
LINDSAY LARA 19,079 (100%)
8. That the City Council does declare and determine that:
• Kate Colin was elected as Mayor for a term expiring upon the election and
swearing-in of a successor thereto at the General Municipal election in November
2028;
• Maika Llorens Gulati was elected as Councilmember District 1 for a term expiring
upon the election and swearing-in of a successor thereto at the General Municipal
election in November 2028;
• Rachel Kertz was elected as Councilmember District 4 for a term expiring upon the
election and swearing-in of a successor thereto at the General Municipal election in
November 2028;
• Robert Epstein was elected as City Attorney for a term expiring upon the election
and swearing-in of a successor thereto at the General Municipal election in
November 2028;
• Lindsay Lara was elected as City Clerk and Assessor for a term expiring upon the
election and swearing-in of a successor thereto at the General Municipal election in
November 2028;
• Measure P was approved by the electors of San Rafael; and
4906-6571-5461 v1 4
9. That the City Clerk shall deliver to each person elected a certification of election
signed by her and duly authenticated; she shall also administer to the persons elected the
oath of office as prescribed in the State Constitution of the State of California and shall
have those persons subscribe thereto and file it in the office of the City Clerk. Each person
so elected shall be inducted into the office to which he or she has been elected; and
10. That the City Clerk shall enter in the records of the City Council a statement of
the results of said election, showing (1) the whole number of votes cast in the city; (2)
the names of the persons voted upon; (3) the office for which each person was voted
for; (4) the number of votes given at each precinct to each person; and (5) the number
of votes given in the city to each person. These results are attached as Exhibit A to the
resolution.
BE IT FURTHER RESOLVED by the Council of the City of San Rafael, as follows:
1. That the City Clerk of the City of San Rafael is hereby instructed to enter this
resolution in the Minutes of the City Council as a statement of the results of said election
showing 1) the whole number of votes cast in the city; 2) the names of the persons voted
upon; 3) the office for which each person was voted for; 4) the number of votes given at
each district to each person; 5) the number of votes given in the city to each person; and
6) the number of votes given regarding Measure P. These results are attached as Exhibit
A to the resolution.
2. That the whole number of votes cast at said election was 27,555 votes;
3. That more than a majority of all the votes cast on said Measure P were in favor of
said Measure (per Exhibit “A”, attached) and said Measure carried;
4. That all vote by mail ballots have been duly received and canvassed in time, form
and manner as required by law;
5. That, accordingly, the City Council hereby declares, that the voters of the City of
San Rafael have approved Ordinance No. 2044, attached as Exhibit “B”, by a majority of
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the votes cast by the electors voting on Measure P at the consolidated general municipal
election held Tuesday, November 5, 2024; and
6. That Ordinance No. 2044 establishing and levying a special parcel tax is hereby
effective on the tenth day following adoption of this Resolution, and the tax established
herein shall commence July 1, 2025 and will be collected by the Marin County Tax
Collector at the same time and manner as other property taxes.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a meeting of the Council of
said City held on Monday, the 16th day of December 2024, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
Attachments:
1. Exhibit A to Resolution: Official November 5, 2024 Election Results
2. Exhibit B to Resolution: Ordinance No. 2044 (Measure P)
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
Contest Total
Yes 12,375 52.02%
No 11,413 47.98%
Total Votes 23,788
Ballots Received / Number of Registered Voters 27,555 / 32,942 83.65%
Marin County Elections Department GENERAL
ELECTION, NOVEMBER 5, 2024
Official Final Results
Measure P - City of San Rafael (Requires Majority)
Precincts Reported: 29 of 29 (100.00%)
Candidate Party Total
Maika Llorens Gulati 1,818 100.00%
Total Votes 1,818
Total
Ballots Received / Number of Registered Voters 2,519 / 3,583 70.30%
City of San Rafael Council District 1
Vote for 1
Precincts Reported: 5 of 5 (100.00%)
Candidate Party Total
Rachel Kertz 5,568 80.99%
Mark Galperin 1,307 19.01%
Total Votes 6,875
Total
Ballots Received / Number of Registered Voters 8,571 / 10,166 84.31%
City of San Rafael Council District 4
Vote for 1
Precincts Reported: 6 of 6 (100.00%)
Candidate Party Total
Kate Colin 21,070 86.12%
Mahmoud A. Shirazi 3,396 13.88%
Total Votes 24,466
Total
Ballots Received / Number of Registered Voters 27,555 / 32,942 83.65%
City of San Rafael Mayor
Vote for 1
Precincts Reported: 29 of 29 (100.00%)
Candidate Party Total
Robert F. Epstein 19,156 100.00%
Total Votes 19,156
Total
Ballots Received / Number of Registered Voters 27,555 / 32,942 83.65%
Candidate Party Total
Lindsay Lara 19,079 100.00%
Total Votes 19,079
Total
Ballots Received / Number of Registered Voters 27,555 / 32,942 83.65%
City of San Rafael Clerk and Assessor
Vote for 1
Precincts Reported: 29 of 29 (100.00%)
City of San Rafael City Attorney
Vote for 1
Precincts Reported: 29 of 29 (100.00%)
Marin County Elections Department
GENERAL ELECTION
NOVEMBER 5, 2024
Official Final Resultsr----,---,-
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Ordinance No. 2044
THE PEOPLE OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
SECTION 1. Title. This measure shall be known and may be cited as the San Rafael Library
and Community Center Revitalization Initiative (the “Initiative”).
SECTION 2. Findings and Purpose.
A. Findings. The people of the City of San Rafael (“City”) find and declare the following:
1. San Rafael’s Downtown Main Library was built over 100 years ago in 1909 when San
Rafael’s population was only 6,000. Currently San Rafael’s population exceeds 60,000
residents and the library is far too small and outdated to serve the needs of children, teens,
families and older adults in the community.
2. With library use on the rise, the 115-year-old facility is in poor condition with cramped,
dilapidated space, poor lighting, and lack of adequate seating, book collections, computer
stations, quiet reading areas, and group study or meeting areas. The building does not
meet current safety and accessibility standards for libraries built today. Options for
expansion are limited and expensive.
3. San Rafael students of all ages and income levels rely on local libraries for a modern, well
equipped, quiet and safe space to read, study, complete homework, and receive tutoring.
Families with young children rely on literacy and reading programs. Older adults utilize the
library for access to computers, technology and quiet reading space.
4. Community centers provide safe spaces for afterschool, summer learning and recreation
programs that allow children and teens a safe place to engage in programs intended to
spark their imagination and support their educational experience. Community centers also
provide recreational and social programs that help older adults remain active and
independent.
5. The City of San Rafael commissioned a study in 2021 for the construction of a new Main
Library and Community Center on City-owned property at Albert Park, located near 1st
Street and B Street in Downtown San Rafael to verify the feasibility of a project at this
location and determine a project scope and budget.
6. A new library and community center at this location would be constructed to comply with
current building and environmental codes and to support modern technologies essential
in today’s libraries. A new library and community center would provide space, furnishings
and equipment for community services and amenities such as: afterschool homework
assistance; tutoring and summer reading programs for school-age children; a dedicated
children’s area for story time and other programs; art and literacy programs for all ages;
programs for older adults; expanded book collections and other media; improved access
for older adults and residents with disabilities; updated technology infrastructure, WIFI,
and public computing; public meetings and community gatherings; and emergency
operations and shelter in case of fires, earthquakes, floods, or other emergencies.
7. This Initiative authorizes and funds, via a special non-ad valorem parcel tax on taxable
real property within the City, the planning and construction of a modern library and
community center at Albert Park to serve the needs of current and future residents. Funds
from the Initiative may also be used to upgrade San Rafael’s neighborhood branch
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libraries to achieve an appropriate amount of total library facility space for a city of San
Rafael’s size.
8. This Initiative includes and requires strict fiscal accountability protections to ensure all
funds are used as promised, including: the new revenues must stay in San Rafael to fund
the planning and construction of a new library, community center, and upgrades to
neighborhood branch libraries; no funds may be taken away by the State or diverted for
other purposes; no funds may be used for administrator salaries or benefits; and required
public disclosure of all spending, including requirements for an independent oversight
committee and annual audits.
9. To ensure the cost of this Initiative is not a burden to residents on limited fixed incomes,
homeowners age 65 and over shall be eligible for an optional exemption.
10. This Initiative also requires the City of San Rafael to develop a proposal to present to the
community for the preservation and reuse of the historic Carnegie Library in Downtown
San Rafael after the library vacates the building.
11. Adoption and implementation of this Initiative will protect and serve the public health,
safety, and welfare, and the quality of life for the people of the City of San Rafael.
B. Purpose. The people of the City of San Rafael declare that our purpose and intent in
enacting this Initiative is to authorize and adopt a special non-ad valorem parcel tax of fourteen
and one-half cents ($0.145) per square foot of improved building area per year and seventy-five
dollars ($75.00) per vacant parcel per year on taxable real property within the City, the proceeds
of which shall be specifically limited and shall be used solely as set forth in this Initiative, to fund
the planning and construction of a modern library and community center at Albert Park to serve
the needs of current and future residents, as well as the costs to upgrade San Rafael’s
neighborhood branch libraries to achieve an appropriate amount of total library facility space for
a city of San Rafael’s size.
SECTION 3. Amendments to City of San Rafael Municipal Code.
The City of San Rafael Municipal Code is hereby amended to add a new Chapter 3.42 (Parcel
Tax for Planning and Construction of a New Albert Park Main Library and Community Center),
to Title 3 (Finance and Taxation) of the San Rafael Municipal Code to read as follows:
Chapter 3.42 – PARCEL TAX FOR PLANNING AND CONSTRUCTION OF A NEW ALBERT
PARK MAIN LIBRARY AND COMMUNITY CENTER
Section 3.42.010 - Title.
This Chapter shall be known and may be cited as “Parcel Tax for Planning and Construction of
a New Albert Park Main Library and Community Center.”
Section 3.42.020 - Imposition.
A. A special non-ad valorem parcel tax (hereinafter the “Parcel Tax”) is hereby established
and shall be levied annually on the owner of each parcel of taxable real property located
within the City of San Rafael (the “City”), unless the owner is by law exempt from taxation,
in which case, the Parcel Tax shall be assessed to the holder of the possessory interest
in such parcel, unless such holder is also by law exempt from taxation. The Parcel Tax
is an excise tax on the use of property within the City.
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B. The Parcel Tax shall hereby be established and levied each year, commencing July 1st
after the Effective Date, on each parcel of taxable real property, improved or unimproved,
within the boundaries of the City at the rate of fourteen and one-half cents ($0.145) per
square foot of improved building area and seventy-five dollars ($75.00) per vacant parcel.
C. The collection of the Parcel Tax shall commence on July 1st after the Effective Date and
continue for thirty (30) years thereafter or so long as bonds for the planning and
construction of a new library and community center remain outstanding requiring debt
service payments, whichever is longer.
D. The Parcel Tax shall be collected by the Marin County Tax Collector (the “Tax Collector”)
at the same time and in the same manner and shall be subject to the same penalties as
ad valorem property taxes collected by the Tax Collector. The collection of the Parcel Tax
hereunder shall not decrease the funds available from other sources of the City in any
period from the Effective Date hereof.
E. For the purposes of this Chapter, a “parcel of taxable real property” shall be defined as
any unit of real property located in the City which receives a separate tax bill for ad
valorem property taxes from the Tax Collector. “Building” is defined as any structure
having a roof supported by columns or walls and designed for the shelter or housing
of any person or property of any kind. The word “building” includes the word
“structure” and encompasses, without limitation, all residential, commercial and
industrial structures. “Improved parcel” is defined as a parcel on which there exists
any building. “Vacant parcel” is defined as a parcel on which no building exists.
F. The City shall be authorized to incur bonded indebtedness for eligible capital costs related
to the planning and construction of a new library and community center as well as
upgrades to San Rafael’s branch libraries, utilizing the proceeds from the Parcel Tax to
make principal and interest payments to service such debt.
G. All property that the Tax Collector has determined to be otherwise exempt from property
taxes, or on which no ad valorem property taxes have been levied, in any year shall also
be exempt from the Parcel Tax in such year. The Tax Collector's determination of
exemption or relief for any reason of any parcel from taxation, other than the Senior
Citizen Exemption (defined below), shall be final on the taxpayer for purposes of this
Chapter. Taxpayers desiring to challenge the Tax Collector's determination should do so
under the procedures established by the Tax Collector's Office, applicable provisions of
the California Revenue and Taxation Code or other applicable law. Taxpayers seeking
any refund of taxes paid pursuant to this Chapter shall follow the procedures applicable
to tax refunds pursuant to the California Revenue and Taxation Code and any other
generally applicable law.
H. An optional exemption (heretofore the “Senior Citizen Exemption”) from the Parcel Tax
will be made available annually to each individual in the City who attains 65 years of age
prior to July 1 of the tax year, and who owns a beneficial interest in the parcel, and who
uses that parcel as his or her principal place of residence, and who applies for such
exemption to the City on or before June 1st of each tax year, or during the first year of
the tax at a date to be determined by the Tax Collector. Any application for such
exemption must be submitted to the Tax Collector, pursuant to any rules and regulations
of the Tax Collector.
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Section 3.42.030 - Levy, Collection, Purpose.
A. The proceeds of the Parcel Tax shall be deposited into a special fund, maintained by the
City, which proceeds, together with any interest and any penalties thereon, collected
each fiscal year shall be used solely for the purposes set forth in this Section. The
proceeds from the Parcel Tax shall be expended only for these purposes.
B. The proceeds collected by the levy of the Parcel Tax shall be used as follows:
1. The City shall be authorized to fund the planning, construction,
equipping and furnishing of a new main library and community center,
with associated parking lots, on City-owned property at Albert Park,
located near 1st Street and B Street in Downtown San Rafael (the
“Albert Park Main Library and Community Center”), and issue and sell
bonds to provide financing for the specific capital projects listed below,
subject to all of the accountability safeguards specified herein
(hereinafter referred to as “Project” or “Projects”).
2. The Albert Park Main Library and Community Center Project shall be
sized to meet total citywide library square footage requirements
appropriate for a city the size of San Rafael (~0.70 - 0.75 square feet
per capita) not including associated parking, outdoor spaces, and
landscaping. The majority of the building square footage needed to
achieve the total required citywide square footage of library space shall
be provided by the Albert Park Main Library and Community Center
Project, but this Initiative shall not preclude adding additional library
square footage to the branch libraries as part of the effort to achieve
the aforementioned total citywide library square footage requirements
of ~0.70 - 0.75 SF per capita. The community center Project component
at Albert Park should be sized, at minimum, to meet the current
community center uses in that location at the time the Project is planned
for construction.
3. All designs and planning for the Albert Park Main Library and
Community Center shall include the preservation or relocation of the
existing Lonatese Gardens at Albert Park.
4. Provided that sufficient funding is available from the proceeds of the
Parcel Tax to fund the planning and construction of a new Albert Park
Main Library and Community Center, additional funding from the Parcel
Tax may also be used to fund upgrades, renovations, remodeling,
technology improvements, and furnishing/equipment improvements at
Pickleweed Branch Library and Terra Linda Branch Library.
5. Each Project described herein is assumed to include its share of costs
of bond issuance, architectural, engineering, legal and similar planning
costs; litigation costs; construction management; Project bond
consultants; staff development and training expenses associated with
learning construction techniques and approaches and new equipment
and systems; the furnishing and equipping of all Projects, including
equipment to maintain facilities in a safe and clean condition; and a
customary contingency for unforeseen design and construction costs.
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Payment of the costs of preparation of facilities planning and Project
implementation studies, feasibility and assessment reviews, master
planning, environmental studies, permit and inspection fees, studies
and assessments, including ADA and seismic, and temporary housing
and relocation costs for dislocated programs or activities caused or
necessitated by Projects are permissible expenditures.
6. The final cost of each Project will be determined as plans are finalized
and Projects are completed. Based on the final costs of each Project,
certain of the Projects described above may be delayed or may not be
completed. Necessary site preparation, grading or restoration may
occur in connection with new construction, including ingress and
egress, removing, replacing or installing irrigation, utility lines, trees and
landscaping, relocating fire access roads and acquiring any necessary
easements, leases, licenses or rights of way to the property.
7. Proceeds from the Parcel Tax shall be used only for the planning,
construction, equipping and furnishing of the facilities and grounds
identified in this section, and not for any other purpose, including
administrator salaries and other operating expenses, in accordance
with applicable law.
8. Where feasible, Projects may be completed in partnership with other
public or private agencies on a joint use basis using Parcel Tax
proceeds or related bonded indebtedness, subject to federal tax rules
and regulations.
C. The purposes set forth in this Section shall constitute the specific purposes of this
Chapter, which are specific and legally binding limitations on how the proceeds of the
Parcel Tax may be spent. The proceeds of the Parcel Tax shall be used only for such
purposes and shall not fund any purpose other than those set forth herein.
Section 3.42.040 - City Annual Report.
The City shall prepare a report on at least an annual basis which shows the amount of
funds collected and expended, and the status of any Project required or authorized to be funded,
by the Parcel Tax. The City shall file each report with the Mayor, City Council and the oversight
committee referenced in this Chapter.
Section _3.42.050 - Parcel Tax Funds Shall Not Replace Existing Funding.
A. The People of the City of San Rafael find and declare that, absent the Parcel Tax funds,
the City would require more resources than are currently provided to plan, construct,
equip and furnish a new library and community center. In adopting this Parcel Tax, the
People of the City are providing new, additional City resources to complement, but not to
replace or supplant, any or all pre-existing City, State, Federal or other funding for the
planning, construction, equipping and furnishing of a new library.
B. Consistent with subsection (A), the People of the City of San Rafael specifically find and
declare that their contributions to and disbursements from the special Parcel Tax fund
authorized by this Chapter are discretionary expenditures by the City for the direct benefit
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of the residents of the City. In the event that the State attempts, directly or indirectly, to
redistribute these expenditures to other jurisdictions or to offset or reduce State or
Federal funding to the City because of the contributions to and disbursements from the
special Parcel Tax fund authorized by this Chapter, the City shall transfer said monies
that would otherwise be distributed each year from the special Parcel Tax fund to such
other fund as the City Council may designate, to be spent for purposes which are
substantially equivalent to the purposes set forth in this Chapter.
Section 3.42.060 - Increase in Appropriations Limit.
To the extent that the revenue from the Parcel Tax is in excess of the spending limit for
the City, as provided for in applicable provisions of the California Constitution and State law, the
approval of the Parcel Tax by the voters shall constitute approval to increase the City’s
spending limit in an amount equal to the revenue derived from the Parcel Tax for the
maximum period of time as allowed by law.
Section 3.42.070 - Fiscal Accountability Protections and Oversight.
Starting with the first operative year of this Chapter, the City shall establish an
oversight committee comprised of San Rafael residents to submit a report on at least an
annual basis to the Mayor and City Council evaluating whether the proceeds from the
Parcel Tax are being properly expended for the purposes set forth in this Chapter.
Proceeds from the Parcel Tax shall be subject to the City’s generally applicable
independent annual audit procedures and requirements.
Section 3.42.080 - Preservation of Historic Carnegie Library.
The People of the City of San Rafael specifically find and declare that the historic
Carnegie Library building constructed in 1909 in Downtown San Rafael is an essential
element of the City’s history, architecture and character and shall be preserved for future
use. Within two (2) years of the Effective Date of this Measure, the San Rafael City Council
shall initiate a public planning process related to the preservation of the historic San Rafael
Carnegie Library building for ongoing civic, community or community-serving commercial
uses. The planning process shall guide the development of a proposal, to be presented to the
community, for the preservation and reuse of the historic Carnegie Library in Downtown San
Rafael after the library vacates the building.
SECTION 4. Effective Date and Implementation.
A. This Initiative shall be effective upon the earliest date legally possible after the elections
official certifies the vote on the Initiative by the voters of the City of San Rafael pursuant
to the California Elections Code (the “Effective Date”).
B. Upon the Effective Date of this Initiative, the City is directed to promptly take all
appropriate actions needed to implement this Initiative, including but not limited to taking
any administrative steps necessary to administer and collect the Parcel Tax authorized
herein or to update any City codes or any other documents maintained by the City so
they conform to the legislative policies set forth in this Initiative.
C. The City may reorganize, renumber, and/or reformat the Municipal Code provisions
included in Section 3 of this Initiative, provided that the full text is inserted into the Code
without alteration.
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SECTION 5. Interpretation and Severability.
A. This Initiative must be broadly construed to achieve the purpose stated above. It is the
intent of the voters that the provisions of this Initiative be interpreted or implemented by
the City and others in a manner that facilitates the purpose set forth in this Initiative.
B. This Initiative and the special tax authorized herein are adopted pursuant to the
provisions and authority contained in the California Constitution, including Article II, § 11.
The People of the City declare their intent that this citizen Initiative, if approved by a
simple majority of voters pursuant to controlling California case law, shall be enacted,
and the parcel tax be collected, for the entire uninterrupted period described herein. To
the extent that the California Constitution or other applicable state law is amended, either
at the same election or any time after this Initiative is adopted by San Rafael’s voters, to
create additional or different voting requirements necessary to implement or to continue
to implement this Initiative, the People of the City of San Rafael declare their intent that
any such amendments should, to the greatest extent allowed by law, be applied
prospectively only and not apply to, or in any way affect, this Initiative.
C. This Initiative must be interpreted so as to be consistent with all federal and state laws,
rules, and regulations. If any section, sub-section, sentence, clause, phrase, part, or
portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a
court of competent jurisdiction, such decision does not affect the validity of the remaining
portions of this Initiative. The voters declare that this Initiative, and each section, sub-
section, sentence, clause, phrase, part, or portion thereof, would have been adopted or
passed irrespective of the fact that any one or more sections, sub-sections, sentences,
clauses, phrases, part, or portion is found to be invalid. If any provision of this Initiative
is held invalid as applied to any person or circumstance, such invalidity does not affect
any application of this Initiative that can be given effect without the invalid application.
D. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, we
the People of the City of San Rafael indicate our strong desire that: (i) the City Council
use its best efforts to sustain and re-enact that portion, and (ii) the City Council implement
this Initiative by taking all steps possible to cure any inadequacies or deficiencies
identified by the court in a manner consistent with the express and implied intent of this
Initiative, including adopting or reenacting any such portion in a manner consistent with
this Initiative.
SECTION 6. Municipal Affairs. The People of the City hereby declare that providing funding for
the planning, construction, equipping and furnishing of a library and community center through a
parcel tax for the purposes set forth in this Initiative constitutes a municipal affair. The People
of the City hereby further declare their desire for this Initiative to coexist with any similar tax
measures adopted at the city, county, or state levels.
SECTION 7. Conflicting Measures. To ensure that the intent of the voters is not frustrated, this
Initiative is presented to the voters as an alternative to, and with the express intent that it will
compete with or take precedence over, any and all voter initiatives or City-sponsored measures
placed on the same ballot as this Initiative and which, if approved, would adopt a special tax to
authorize and/or fund the planning and construction of a library and community center at Albert
Park which would frustrate the purpose and intent of this Initiative (each, a “Conflicting
Measure”). In the event that this Initiative and one or more Conflicting Measures are adopted by
the voters at the same election, then it is the voters’ intent that only the measure which receives
the greatest number of affirmative votes shall control in its entirety and said other measure or
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measures shall be rendered void and without any legal effect with respect to such matters. If this
Initiative is prevented from going into effect by a Conflicting Measure approved by the voters at
the same election, and such Conflicting Measure is later held invalid, this Initiative shall be self-
executing and given full force of law. Notwithstanding the foregoing provisions of this Section, in
the event that both this Initiative and another measure(s) are adopted by the voters at the same
election, but the two measures can be harmonized in a manner that permits this Initiative to be
implemented upon its adoption without imposing any inconsistent requirement(s), then it is the
voters’ intent that both the other measure and this Initiative shall be given full force and effect
regardless of which measure receives the greatest number of affirmative votes.
SECTION 8. Amendment. This Initiative may be amended or repealed only by the voters of the
City of San Rafael voting in an election held in accordance with state law.
It is hereby certified that this ordinance was duly adopted by the voters at the November 5, 2024
election, and that the City Council declared the results of such election int he manner required by
law, at a meeting of the City Council held on the 16th day of December, 2024 by the following vote:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Kate Colin, Mayor
ATTEST:
Lindsay Lara, City Clerk
