1 Fairfax Town Council Minutes
Special Meeting
Women’s Club, 46 Park Road, Fairfax
and via teleconference
Wednesday, December 13, 2023
Mayor Coler called the Special Meeting to order at 6:31 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
Janet Coleson, Town Attorney
Sara Oswitz, Assistant Town Attorney
Michele Gardner, Town Clerk
Christine Foster, Deputy Town Clerk
Jeffrey Beiswenger, Planning Director
Approval of Agenda and Affidavit of Posting
M/S, Ackerman/Hellman, Motion to approve the affidavit of posting and the agenda as submitted.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler Land Acknowledgement
Mayor Coler read the land acknowledgement.
Announcement of Closed Session Action, If Any
Mayor Coler announced there was no Closed Session and thus no announcement.
Presentation
1. Proclamation Recognizing Michele Gardner for Her Service to the Town of Fairfax Mayor Coler read the Proclamation Recognizing Michele Gardner for her service at Town Clerk.
Town Clerk Gardner thanked the Mayor and Council for this honor.
Mayor Coler opened the meeting to public comments.
Michael Macintosh supported the Proclamation and Town Clerk Gardner’s positivity.
Tony Gardner stated the Town was lucky to have had Michele as an employee.
A speaker stated Michele “kept it all running”.
Sierra Salin thanked Michele.
2 Debra Benson thanked Michele for her assistance and responsiveness.
Mayor Coler closed the meeting to public comments.
The Council thanked Town Clerk Gardner for her excellent work and wished her well in her future endeavors.
Break for Reception
The Council took a 10-minute break for refreshments.
Public Hearing
2. Conduct a Public Hearing and Consider Certifying an Environmental Impact Report and Adopting the 2023-2031 Housing Element
Planning Director Beiswenger presented a staff report and Mr. Andrew Hill, representing Dyett and Bhatia, gave a PowerPoint presentation. They answered questions from the Council regarding the timeline for HCD comments; upcoming Council and Planning Commission agenda items; which pipeline project are approved or under review; if other activities, such as bicycle networks, could be incorporated into this process; the process for creating Priority Conservation Areas (PCA); the site specific CEQA process for sensitive habitats; programmatic EIRs; Program 3(G) and 3(H); timelines for programs; if there has been communication with the owners of the 89 Broadway site; if the pros of clustering tend to be environmentally related; if any of the PCAs are close to any proposed project sites; parking requirements for School Street Plaza; if approval of the Housing Element guarantees that the School Street Plaza property owner would build 175 units; the approval process that School Street Plaza would go through; if the Objective Design and Development Standards (ODDS) apply to the Workforce Housing Overlay; if adding the Marin Town and Country Club site to the Housing Element would change the viability of the site; additional study necessary for each site; the value of including the Forrest Avenue lots given the feasibility and expense of development; a programmatic EIR vs. environmental studies for individual sites; development on the ridgeline; the maximum square footage for single family homes; if reducing the buffer would impact certification of the Housing Element.
The Council took a 5-minute break at 8:30 p.m.
Mayor Coler opened the Public Hearing.
Sierra Salin expressed concerns about the lack of space in town, transportation, infrastructure, and egress issues.
Michael Macintosh warned about the outlined hillside zoning requirements and suggested an inlieu of development expediting process. Added that clustering will impede public safety access.
Todd Greenberg objected to this meeting and expressed concerns about the public process and inclusion of public comments. He had questions about the number of Accessory Dwelling Unit (ADU) applications.
Matt Fassberg, Forrest Avenue, stated Forrest Avenue cannot accommodate ten more houses.
The road is in poor condition and the neighborhood is crowded.
Mallory Geithheim stated the public should be given more time to make comments. 3 Frank Egger, Cascades, urged the Council to either reject the certification of the EIR and the Housing Element or amend it to protect the Town. Expressed concerns about insufficiencies and errors in the EIR.
Mark Bell expressed concerns about last minute changes in the document and the proposal of 175 units at School Street Plaza violating its visual character and aesthetics. Not everything can be mitigated.
Jim Cosgrove, Bay Road, stated information should be posted downtown for the public to see.
He was concerned about the impact on the roads by construction vehicles.
Rick Hamer, School Street Plaza, supports the idea of a Workforce Housing Overlay (WHO) and Density Bonuses. He had questions about SB 9.
Barbara Petty, Forrest Avenue, stated she lives adjacent to the two Town owned properties being discussed. They were purchased for open space by prior Councils and should not be in the inventory.
Debra Benson, Cascade Drive, stated the EIR does not address the real numbers with respect to inclusionary housing and affordable housing. She asked the Council to allow people to speak for three minutes.
Lynn agreed with a previous speaker, asked who would manage the workforce housing, and expressed concerns about evacuation routes.
Dave Ang, Forrest Avenue, expressed concerns about adding ten more units at this location.
Pamela Meigs asked the Town to consider getting a small vehicle to take seniors to appointments. The Land Use Element conservation easement needs to be addressed before they lose properties to development.
Michael Sexton, Chester Avenue, stated there have been insightful comments made by the public. Some of the elements posed in the EIR do not make sense.
Mark, Forrest Avenue, asked when the Forrest Avenue lots were added to the inventory and if a traffic study has been done. Evacuation of the area would be challenging.
Jenny Silva, Chair of the Marin Environmental Housing Collaborative, commended the Town for the significant progress made on the Housing Element. Acknowledged the challenges addressing evacuation routes, slides, etc.
Carmela Davis would like to see Marin County build more housing. She supported the proposal for School Street Plaza including the heights and density.
Mayor Coler closed the Public Hearing.
Staff responded to some of the questions from the public.
Councilmember Cutrano discussed the Pavement Index for Forrest Avenue and Priority Conservation Areas (PCA).
4 Vice Mayor Blash stated creating additional housing loosens up the market and in the long term creates more affordability. She was in favor of 100% affordability when possible. Not approving the Housing Element would be worse than approving it in terms of local control.
Mayor Coler stated there is a good mix in this document and it strikes a balance.
M/S, Blash/Ackerman, Motion to adopt Resolution #23-59, a Resolution of the Town Council of the Town of Fairfax Certifying an Environmental Impact Report and Making Certain Findings as Required by the California Environmental Quality Act (CEQA) in Connection with the Approval of a General Plan Amendment Adopting an Update of the Housing Element for the Period of 2023 through 2031 based on the second supplement.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler M/S, Blash/Hellman, Motion to Adopt Resolution No. 23-60, a Resolution of the Town Council of the Town of Fairfax Adopting a General Plan Amendment to Update the Housing Element for the Period of 2023-31 and Affirmatively Furthering Fair Housing and Compliance with State Housing Element Law.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler M/S, Ackerman, Motion to adjourn the meeting at 9:31 p.m.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler