1 November 1, 2023 Town Council Meeting Minutes
Fairfax Town Council Minutes
Regular Meeting
Women’s Club, 46 Park Road, Fairfax
and via teleconference
Wednesday, November 1, 2023
Mayor Cutrano called the Regular meeting to order at 6:30 p.m.
Call to Order/Roll Call:
COUNCILMEMBERS PRESENT: Bruce Ackerman
Lisel Blash
Barbara Coler
Chance Cutrano
Stephanie Hellman
STAFF MEMBERS PRESENT: Heather Abrams, Town Manager
Michele Gardner, Town Clerk
Janet Coleson, Town Attorney
Jeff Beiswenger, Planning Director
Christine Foster, Deputy Town Clerk
Dan Mahoney, Interim Fire Chief
Approval of Agenda
Mayor Cutrano stated he would like to move item #19 up in the agenda and hear it before Open Time.
M/S, Cutrano/Hellman, Motion to approve the agenda with the change recommended by Mayor Cutrano.
AYES: Ackerman, Blash, Hellman, Vice Mayor Coler, Mayor Cutrano Mayor Cutrano delivered a brief statement regarding the Town’s position and protocols on hate speech.
19. Adopt a Proclamation in Support of United Against Hate Week Mayor Cutrano opened the meeting to public comments.
Mark Solomons, on behalf of UAHW, received the proclamation and discussed the group’s activities.
Todd Greenberg supported the proclamation.
Michael Mackintosh supported the proclamation.
Mallory Geitheim agreed with the previous speakers.
Jamal, Mike, Eva, Nash, Siran, Anne, Hank, Cindy, Sandy, Kayla, Isaac, and Candy spoke against the proclamation.
P.J. Feffer, speaking on his own behalf as an individual, supported the proclamation but not ADL as a partner.
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Sierra Salin, Naomi, and Kay supported the Proclamation.
Leo opposed the ADL.
The Council took a 4-minute recess at 6:55 p.m.
Tunafish, Naomi, and Kay supported the proclamation.
Mayor Cutrano closed the meeting to public comments.
M/S, Coler/Ackerman, Motion to adopt the Proclamation in Support of United Against Hate Week.
AYES: Ackerman, Blash, Hellman, Vice Mayor Coler, Mayor Cutrano Announcement of Closed Session Action, if any
Mayor Cutrano stated there had not been a Closed Session, so there was nothing to report.
Open Time
Mark Bell stated the Council should follow the law, allow free speech, and answer questions asked by the public.
Todd Greenberg stated there were too many items on the Consent Calendar.
Michael Sexton, representing Marin Residents, discussed the rent control ordinance and stated it would be on the ballot in 2024.
Michael Mackintosh discussed protecting vulnerable people. He preferred hiring consultants who live in the community.
Frank Egger stated the Consent Calendar had too many items, and opposed ordinances being adopted on Consent.
Mallory Geitheim asked the Council to listen to the residents.
Sierra Salin stated this was a matter of unexamined beliefs battling unexamined beliefs- no dialogue occurs.
Kay discussed the lack of an ordinance regarding open fires on private property.
Phillip suggested a speed bump on Scenic Road and reported cars running the stop sign at Scenic and Manor.
Liz Froneberger supported the United Against Hate Proclamation.
Brenna stated that ordinances should not be on the Consent Calendar.
David stated the Council should let people talk.
Sharon opposed the time limit of two minutes for public comments .
Kevin thanked the Council for denouncing hate.
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Public Hearings
1. Adopt a Resolution Approving Maximum Rates Collected by Marin Sanitary Service (MSS) for Solid Waste Services to be Effective January 1, 2024
Town Manager Abrams presented the staff report. Jim Honisen and Garth Schultz, representing R3 Consulting Group, gave a PowerPoint presentation. They answered questions from the Council regarding the March 2023 CPI; SB 1383; Zero Waste Marin fee; why Novato’s rates are so low; if Fairfax rates are among the lowest; the MSS business model; food to energy equipment; other fees and the Franchise Fee.
Patty Garbarino, Vice President of MSS, and Justin Wilcox discussed progress being made by MSS along with new technologies.
Mayor Cutrano opened the Public Hearing.
Todd Greenberg stated he supported the resolution. He had a question about bidding.
Michael Sexton supported the resolution.
Michael Mackintosh stated his utility costs had gone up 10% over the last year, not including the upcoming increases from MMWD and PG&E. MSS should be given a larger allowance given the hilly nature of Fairfax. He opposed any kickback to the Town.
Philip agreed with the previous speakers. He suggested consideration of a different pick-up schedule, such as every 9 or 10 days.
Mark Bell stated the trucks should be quieter and the process should go out to bid.
Ling Shien Bell stated the pick-up was too early and the trucks were too loud.
Mimi was concerned with the Franchise Fee and other agency fees embedded in the rates.
With no analysis, such fees could be considered a tax. Residents should be able to vote on these fees.
P.J. Feffer stated the report could contain more details regarding the fees. He supported the model with a 5% cap, and successful labor negotiations.
Tunafish noted we wrap our garbage in plastic and have somebody haul it away. There was too much waste.
Michael stated there was a lot of waste at a particular location in Fairfax.
Mayor Cutrano closed the Public Hearing.
M/S, Coler/Ackerman, Motion Adopt a Resolution Approving Maximum Rates Collected by Marin Sanitary Service for Solid Waste Services to be Effective January 1, 2024 in the Town of Fairfax.
AYES: Ackerman, Blash, Hellman, Vice Mayor Coler, Mayor Cutrano The Council took a 7-minute break at 8:37.
2. This item is continued to January 24, 2024: 80 Crest Road: Appeal of a Planning Commission denial of a Height Variance for an unpermitted Ground Floor Level that 4 November 1, 2023 Town Council Meeting Minutes
would result in the height of the residential structure being approximately 50 feet:
Assessor’s Parcel No. 002-152-32: Residential Single-Family RS-6 Zone; Verle and Marlene Sorgen, appellants/owners; CEQA categorically exempt per Section 15301(e)(2)(1)
Mayor Cutrano stated this item was continued to the January 24, 2024 meeting.
Regular Agenda
3. Adopt a Resolution Adopting Fleet-Zero Emissions Policy
Climate Action Coordinator Youra presented a report and a PowerPoint presentation. Staff answered questions from the Council regarding whether the Police Department inventory is correct; if the resolution pertains to resident’s vehicles; if a “Union made” condition could be incorporated as a preference; grants for EV charging; if the Fleet Manager position is a job title or a task assigned to an existing employee; the power outage issue; if “zero emission” can be accomplished by electrification or other alternatives; are there guide rails to help assure they are getting ethically sourced batteries; how the Fleet Advisory group would work.
Mayor Cutrano opened the meeting to public comments.
Todd Greenberg was concerned about charging during power outages and emergencies.
Frank Egger urged the Council to only purchase union built EV’s built in the United States. He noted Police Department vehicles run 24/7, which would require a lot of Vs to accommodate all shifts.
Mark Bell suggested a requirement prohibiting cobalt in the batteries and adding biodiesel.
An individual agreed the vehicles should be made in the US by Union workers. He supported solar power.
Michael Mackintosh was concerned about taking out the incentives and the environmental concerns of batteries. He suggested alternatives to EVs, such as fuel cells and hydrogen.
Philip Salaverry was concerned about cobalt mines in Africa.
P.J. Feffer supported a requirement for Union made vehicles.
Tunafish Salin supported EV’s and American-made.
Liz Froneberger supported American and union made EVs and echoed concerns about the environmental and human costs of mining.
Rick Hamer stated supported solar and renewable energy, American/union made, and ethical pedigrees for battery components.
Mayor Cutrano closed the meeting to public comments.
M/S, Coler/Blash, Motion to Adopt a Resolution Adopting Fleet-Zero Emissions Vehicle EV Policy with the addition of a preference for union-made vehicles.
AYES: Ackerman, Blash, Hellman, Vice Mayor Coler, Mayor Cutrano
4. Discuss/consider Residents’ Petition submitted per Town Code regarding 5 November 1, 2023 Town Council Meeting Minutes
implementation of rent control ordinances, and direct staff as appropriate Michael Sexton, founder of FairfaxResidents.org, discussed the petition, rent control policies, costs vs. benefits, and the need for resolution on the expenditures necessary to implement the Rent Stabilization and Just Cause policies.
Town Manager Abrams answered questions from the Council regarding whether the one-page budget explanation is posted to the website.
Mayor Cutrano opened the Public Hearing.
Philip Salaverry asked the Council to delay implementing the ordinances until after the issue is voted on in November 2024, and not before a cost estimate of implementation.
Susan Mulloy, Fairfax tenant, and Naomi supported implementing the ordinances as soon as possible.
An individual supported implementing the ordinances as soon as possible.
Todd Greenberg stated this was creating a bureaucracy that would drive up rents.
Mark Bell suggested the Town create a fund to help people pay their rent. He was concerned about the costs associated with implementation.
Michael Mackintosh agreed with the previous speaker.
The Mayor reviewed the 10:00 rule.
M/S, Coler/Ackerman, Motion to keep going with the agenda.
AYES: Ackerman, Blash, Hellman, Vice Mayor Coler, Mayor Cutrano Johnson Reynolds, Canal area resident, supported implementing the ordinances as soon as possible.
Sierra Salin supported waiting until after the election.
Rick Hamer supported implementing the ordinances as soon as possible.
Liz Froneberger supported delaying implementation until after the election to avoid spending unnecessary funds.
P.J. Feffer, speaking on his own behalf as an individual, supported implementing the ordinances as soon as possible.
Joe McGarry supported implementing the ordinances as soon as possible.
KC, Sleepy Hollow, discussed the County’s mandatory tenant/landlord registry, which provided metrics that can be used toward RHNA numbers.
Mayor Cutrano closed the Public Hearing.
The Council discussed the matter and reached consensus to add a discussion about implementation on a future agenda, with options for partial implementation and data on costs.
Mayor Cutrano reviewed the agenda.
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M/S, Coler/Hellman, Motion to move Agenda Item #6 ahead of Item #5.
AYES: Ackerman, Blash, Hellman, Vice Mayor Coler, Mayor Cutrano
6. Provide Direction to Town Representatives on the Ross Valley Fire Board regarding the Funding Plan and Start Date for a third fire fighter on certain engines Town Manager Abrams presented the staff report. Staff answered questions from the Council regarding the increased cost and what is included; if the RVFD is the last agency with two to an engine; if all members of the JPA are voting on this issue; grant applications and funding; the possibility of a four person engine; how often new PPE is bought; impacts to response time and collaboration.
Mayor Cutrano opened the Public Comment.
Michael Mackintosh supported the proposal.
Frank Egger stated the Fairfax station should staff up both engines during Red Flag days.
Mayor Cutrano closed the Public Comment.
It was the consensus of the Council to support the Funding Plan Option 1 and the third fire fighter position start date of July 1, 2024.
5. Adopt Resolution Authorizing the Temporary Closure of Bolinas Road between Elsie and Broadway for a Chamber of Commerce Holiday Event on December 15, 2023 from 4 p.m. to 9 p.m. and approve sponsorship of the closure Town Manager Abrams presented the staff report. Staff answered questions from the Council regarding signage; the detour route; how residents can obtain information about the event; if a menorah lighting has been scheduled; if the name is set in stone; lighting.
Mayor Cutrano opened the Public Hearing.
Todd Greenberg and Michael Mackintosh supported the resolution.
Mayor Cutrano closed the Public Comment.
M/S, Blash/Coler, Motion to Adopt Resolution Authorizing the Temporary Closure of Bolinas Road between Elsie and Broadway for a Chamber of Commerce Holiday Event on December 15, 2023 from 4 p.m. to 9 p.m. and approve sponsorship of the closure.
AYES: Ackerman, Blash, Hellman, Vice Mayor Coler, Mayor Cutrano Consent Calendar
7 . Receive Financial Statement and Disbursement Reports for September, 2023- Finance Director
8. Approve Minutes for September 6, 13, and October 4, 2023 Town Council meetings- Town Clerk
9. Receive written report on Councilmember assignments, committees and activities in October 2023- Deputy Town Clerk
10. Receive Treasurer’s Report for Quarter Ending September 30, 2023- DeputyTown Clerk 7 November 1, 2023 Town Council Meeting Minutes
11. Receive Public Works Department Quarterly Status Update- Public Works Director
12. Receive Fairfax Recreation and Community Services Department Quarterly Financial Report for July-September, 2023- Recreation Manager
13. Receive Climate Action Department Quarterly Status Update- Climate Action Coordinator
14. Second Reading by Title Only and Adoption of Ordinance Amending the Town’s Zoning Code to Prohibit New Gas Filing (Service) Stations and Prohibit Expansion of Fossil Fuel Infrastructure for Existing Gas Filing (Service) Stations- Planning Director
15. Second Reading by Title Only and Adoption of Ordinance Adding Chapter 17.140 “Affordable Housing” to Title 17 “Zoning” of the Fairfax Municipal Code Relating to Inclusionary Housing Requirements- Planning Director
16. Second Reading by Title Only and Adoption of an Ordinance Amending Title 17 (Zoning) of the Fairfax Municipal Code to Add the Following New Chapters: Chapters 17.010 (Rules of Measurement), 17.026 (Ministerial Approvals for Qualifying Housing Developments), 17.027 (Procedures for SB 330 Application for Housing Development), 17.050 (Affordable Housing Density Bonus),17.006 (Definitions), 17.020 (Design Review Regulations), 17.024 (Required Permits), 17.032 (Use Permits), 17.040 (General Zone Regulations),17.044 (Exceptions and Modifications), 17.048 (Residential and Accessory Dwelling Units and Junior Accessory Dwelling), 17.052 (Off-Street Parking and Loading Requirements),17.056 (Traffic Impact Permit), 17.076 to 17.090, and 17.116 (Related to Residential Zones,17.138 (Regulations Applying in Multiple Zone Districts), and 15.02 (Construction Codes) to Implement the General Plan Housing Element and Determining the Ordinance to be Exempt from CEQA- Planning Director
17. Receive report on Traffic Improvement Safety Project at Creek Road, Meernaa Avenue, and Porteous Avenue to improve safety for vehicles, bicyclists and pedestrians including the addition of a stop sign and other street markings- Public Works Director
18. Adopt a Resolution Adopting Rules of Decorum for Town of Fairfax Public- Town Manager
19. Adopt a Proclamation in Support of United Against Hate Week- Deputy Town Clerk
20. Adopt a Proclamation Declaring November 2023 Native American Heritage Month- Mayor Cutrano
21. Adopt a Proclamation Recognizing Veterans Day- Mayor Cutrano It was noted that there were supplements for items #9, #12, #15, and #16. and that item #11 was a heat pump with HVAC, not just air conditioning.
M/S, Coler/Blash, Motion to waive the 11:30 p.m. rule.
AYES: Ackerman, Blash, Hellman, Vice Mayor Coler, Mayor Cutrano Mayor Cutrano opened the meeting to public comments.
Todd Greenberg stated the Consent Calendar was for non-controversial items. He asked to pull items #11, #14, #15, #16, and #18 for discussion.
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Michael Sexton agreed with the previous speaker and would like #18 pulled for discussion. He suggested rules of decorum for the Council, and that the minutes reflect clapping and booing.
Michael Mackintosh asked to pull items #16 and #18 for discussion.
Frank Egger referred to item #11 and noted Bolinas Road had received federal funding in the past. He stated #14 was unnecessary; #15 incorrectly relied on County income average; and #18 was an attempt to limit public participation.
Philip Salaverry was opposed to Item #18 as it was restricting public comment .
Liz Froneberger referred to item #14 and suggested a change. She stated the Climate Action goal of 100% was unrealistic. She agreed with concerns about the consent calendar.
P.J. Feffer referred to item #9 and Councilmember Coler’s report on the MCCMC Legislative Committee and discussed governor vetoes.
Mayor Cutrano closed the meeting to public comments.
M/S, Coler/Ackerman, motion to approve the Consent Calendar including the supplements for items #9, #12, #15, and #16.
AYES: Ackerman, Blash, Hellman, Vice Mayor Coler, Mayor Cutrano Council Reports and Comments
Mayor Cutrano stated these reports were included in written form in the packets.
Town Manager Report
Town Manager Abrams stated she would include these items in the Town Newsletter.
Future Agenda Items
Councilmember Hellman stated she would like to discuss the creation of a Homeless Subcommittee and Ebike bike/helmet safety enforcement at a future meeting.
The meeting was adjourned at 12:02 a.m. in memory of long-time San Anselmo Councilmember Kay Coleman.