1 June 5, 2024 Town Council Meeting Minutes
Fairfax Town Council Minutes
Regular Meeting
Women’s Club, 46 Park Road, Fairfax
and via teleconference
Wednesday, June 5, 2024
Call to Order/Roll Call:
Mayor Coler called the Special Meeting to order at 5:30 p.m.
COUNCILMEMBERS PRESENT: Bruce Ackerman
Lisel Blash, Vice Mayor
Barbara Coler, Mayor
Chance Cutrano
Stephanie Hellman
STAFF MEMBERS PRESENT: Heather Abrams, Town Manager
Christine Foster, Deputy Town Clerk
Janet Coleson, Town Attorney
Jeff Beiswenger, Planning Director
Loren Umbertis, Public Works Director
Special Closed Session at 5:30 p.m.
Community Center, 16 Park Road, Fairfax, CA
Approval of Agenda
M/S, Hellman/Blash, Motion to approve the agenda.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler Public Comment:
None.
ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTERS:
1. CONFERENCE WITH LABOR NEGOTIATORS
Govt Code Section 54957.6
Employee Organization: Fairfax Police Officers Association, Service Employees Union International (‘SEIU’) Local 1021; Unrepresented Employee Units Agency Representatives: Town Manager, Town Finance Director, Town Attorney Reconvene In Open Session – 6:15 p.m.
Special Meeting to Conduct Interviews and Consider Appointments at 6:15 p.m.
In-person at the Fairfax Women’s Club
1. Conduct Interview and Consider Appointment to the Planning Commission – Deputy Town Clerk Christine Foster
Regular Meeting at 6:30 p.m.
Hybrid meeting at the Fairfax Women’s Club and via Zoom Call To Order: Mayor Coler called the Regular Meeting to order at 6:30 p.m. 2 June 5, 2024 Town Council Meeting Minutes
Pledge of Allegiance: Mayor Coler led in the Pledge of Allegiance.
Approval of Agenda
Town Manager Abrams requested the Council amend the agenda to continue Item 14 until the July 17, 2024 Regular Meeting.
M/S, Cutrano/Hellman, Motion to continue Item 14 to the July 17, 2024 Regular Council meeting.
YES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler M/S, Cutrano/Ackerman, Motion to approve the agenda, as amended.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler Report out on Closed Session: Mayor Coler announced no reportable action was taken in Closed Session.
Mayor Coler read the Land Acknowledgement Statement and delivered a brief statement regarding the Town’s position and protocols on hate speech.
Open Time:
Jonathan Mincer, Director of External Relations for JCRCB Bay Area asked the Council to organize a training on anti-Semitism.
A speaker asked and confirmed speakers would be able to speak during discussion of Item 15.
Ariana Pelateri, summer college intern with 350 Marin, invited the Town Council to a film night featuring “The Scale of Hope” on June 28th at 7PM at the Fairfax Women’s Club.
Todd Greenberg asked for residents to be prioritized in public comment, cited recent road hazards, asked to remove items 1, 2, 6, 7, and 8 on the Consent Agenda, asserted Brown Act violations.
Joe McGary said he has never seen the Future Agenda Items at previous Special Meetings and spoke about public comments being allowed.
Mayor Coler clarified that Councilmember Ackerman brought up item 15 under Future Agenda Items at the previous meeting, others had not discussed this.
Michael Sexton referred to Item 14, recommended the Council provide disclosures, and asked why the Town has not sent out an RFP for other law firms to bid on legal services.
Rick Hamer announced the Fairfax Festival will be held on Saturday and Sunday.
Jim encouraged the Council to respect the Brown Act, not cut people off, and asked the Council to not celebrate Pride month.
Cindy Ross spoke about May being Multiple Chemical Sensitivity Awareness Month (MCS) in Canada and asked the Council to issue a proclamation.
Jody Timms spoke about the climate emergency and asked everyone to move off of fossil fuels and towards electrification of transportation and buildings. 3 June 5, 2024 Town Council Meeting Minutes
Kim, San Anselmo, offered advice after listening to Zoom bomb comments, referred to the denial of insurance for the City of Sausalito due to financial troubles, and said she covers Fairfax news.
BREAK
Mayor Coler called for a 10-minute break at 7:10 p.m. due to technical equipment issues, and thereafter, she reconvened the special meeting and allowed the last additional speaker to speak under Open Time.
Consent Calendar:
Mayor Coler asked if Councilmembers wished to remove an item from the Consent Calendar, and there were none. She commented on Item 6, noting that she provided detailed comments, and the Public Works Director worked with staff to make minor changes.
Mayor Coler opened the meeting to public comments.
Todd Greenberg asked to pull Items 1, 2, and 7, thanked those members reappointed under Item 9, spoke about SB 1, taxing residents, and the sinkhole.
Mark Bell commented on Councilmember Cutrano’s contributions on Items 2 and 15, was surprised to see Councilmember Hellman’s outreach to Rabi’s and other Jewish community members, and cited other organizations not contacted.
Michael Mackintosh referred to Item 2, spoke about the push to give away two Town lots on Forest Avenue to an affordable housing provider, and asked for a performance bond should these properties remain available.
Sierra Salin said Forest Avenue is a one-way road posing as a two-lane road, was opposed to a mandate to build on every piece of vacant land given their condition, and asked not to build on Forest Avenue.
Kay referred to Item 2 and voiced appreciation of Councilmember Cutrano’s attendance to three meetings on homeless issues, and asked for additional information to be provided.
1. Receive Financial Statement and Disbursement Reports for April 2024 – Finance Director, Michael Vivrette
2. Receive written report on Councilmembers’ assignments, committees, and activities in May 2024 – Deputy Town Clerk Christine Foster
3. Authorize the Town Manager to Execute a Memorandum of Understanding (MOU) with the County of Marin and the Marin County Office of Emergency Management for FY 2024- 2025 – Town Manager Heather Abrams
4. Waive Second Reading, Read by Title Only, and Adopt an Ordinance Adding a Chapter Called "Electronic Filing System," to the Town of Fairfax Municipal Code Approving Electronic and Paper Methods of Filing Campaign Finance Disclosure Statements — Deputy Town Clerk Christine Foster
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5. Renew Ordinance No. 862 Authorizing the Special or Military Equipment Use Policy and Equipment Inventory for the Fairfax Police Department, and Accept the Annual Report on Use of Military Equipment in 2022, Pursuant to California Assembly Bill 481 — Chief of Police Rico Tabaranza
6. Adoption of the 2024 Marin County Multi-Jurisdictional Local Hazard Mitigation Plan and the Town of Fairfax Annex — Public Works Director Loren Umbertis
7. Adopt Resolution Approving the List of Projects Funded by SB 1: The Road Repair and Accountability Act for Fiscal Year 2024-25 — Public Works Director Loren Umbertis
8. Authorize Town Manager to Execute a Contract in the Amount of $41,250 with Maggiora & Ghilotti for Emergency Road Repair Work Along Sir Francis Drake — Public Works Director Loren Umbertis
9. Reappoint Michael Ardito and Ruth Horn to the Fairfax Open Space Committee – Deputy Town Clerk Christine Foster
10. Notification of Citizens Disaster Council Meeting for July 16, 2024, and Consent of Attendee List — Town Manager Heather Abrams
M/S, Blash/Cutrano, Motion to Adopt the Consent Calendar.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler Regular Agenda
11. Authorize the Mayor to Sign Grant Agreement with the California Coastal Conservancy for Funds to Aid in the Acquisition of the Wall Property — Town Manager Heather Abrams Town Manager Abrams gave the staff report and overview of the request for authorizing the Mayor to sign a grant agreement with the California Coastal Conservancy for funds of up to $500,000 to aid in the acquisition of the Wall property.
Mayor Coler opened the meeting to public comment.
Todd Greenberg voiced and described his concerns over transparency and lack of detail in the staff report.
Michael Mackintosh voiced concern with the amount of money the Town is extending towards this property, spoke about the sales and foreclosure details, appraisal of the property, asked to obtain more appraisals, and to get the cost closer to $1 million.
Deborah London said she does not support acquisition of the Wall property because it is spending money the Town does not have.
Mayor Coler clarified that the Marin Open Space Trust’s real estate representative is negotiating this, funds are being raised, and the Town is contributing $100,000 of Measure A money for open space acquisition. The rest is fundraised through work by various entities and not Town funds.
Councilmember Cutrano described letters of support received by legislators, and Vice Mayor Blash echoed comments on the amount of people working on acquisition of the Wall property. 5 June 5, 2024 Town Council Meeting Minutes
M/S, Blash/Cutrano, Motion to approve the Resolution authorizing the Mayor to sign a Grant Agreement with the California Coastal Conservancy for funds to aid in the acquisition of the Wall property.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler
12. Discuss Scientific Survey Results Regarding a Possible Bond Measure for Road Repairs and Direct Staff as Appropriate – Town Manager Heather Abrams Town Manager Abrams introduced the item and provided brief background. She said Lucia Del Popo from FM3 will make a presentation regarding the survey.
Lucia Del Popo, FM3, stated this presentation was provided to the Council in May and presented key data from the survey which was conducted from April 15th to 22nd. She provided a recap on methodology and then presented the survey findings. In summary, a majority of voters consistently support the proposed $36 million bond measure; however, it falls short of the 2/3 level necessary to succeed. They saw a growth in intensity and overall support when they tested the lower bond amount and saw some positive movement in terms of definite support after messaging. Overall, there could be benefits of doing some outreach and communications with the community, even though at this time it is not hitting the 2/3 voter threshold.
Councilmember Hellman referred to Slide 4 and confirmed with Ms. Del Popo that these topics are not offered in the survey but rather people organically volunteered these topics and then they were organized by percentage. She asked and confirmed closed-ended questions were developed in conjunction with the committee and concerns voiced by community members and Bay Area benchmarks.
Councilmember Hellman referred to page 23 and asked if the survey tested price sensitivity or the type of bond in terms of assessed value.
Ms. Del Popo said the 75-word ballot question is required to mention the impact on the assessed value or rate which is a $60/$100,000 rate and she also mentioned the $18 million bond rates.
Councilmember Hellman asked if there is any possibility that people could have perceived that $36 million as being the bond amounts and asked what that assessed value would be.
Ms. Del Popo said there could have been some confusion but people were prompted earlier in the survey before this part with the follow-up for the $18 million bond.
Vice Mayor Blash asked, and Ms. Del Popo explained, why this is considered a scientific survey and the things done to avoid bias, which include test messages, emails, phone calls, pulling the entire voter registration file, and setting demographic quotas which creates a random nature that allows FM3 to associate a margin of error to the data based on the margin sample. This was originally 300 and they then used weighting techniques.
Vice Mayor Blash said assessed value is a lot lower than market values. Town Manager Abrams confirmed and said the median of assessed value is $650,000 in Fairfax for a single-family home which is lower than the median market value.
Mayor Coler clarified that based upon $60/$100,000 of assessed value of a $650,000 home, she came to $390.00 a year. If they went with $18 million, it would be $30/$100,000 or $195/year.
Ms. Abrams said she would confirm her figures.
Vice Mayor Blash asked when the current bond measure will be paid off, as it seems this bond measure will be a replacement for that tax.
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Town Manager Abrams said Measure K passed in 1999 which was estimated to $58/$100,000 assessed value and the measure will be completely paid off in 2027. So, they are not overlapping in terms of spending funds for the roads but rather trying to replace one with the next measure.
Vice Mayor Blash asked why is grant funding not sufficient to address the roads, and Ms. Abrams said much of the Town was built around the same time and infrastructure is aging out the same time given deferred maintenance and storm damage events. The Town tends to get in the hundreds of thousands in grant funds, but the need is far more.
Councilmember Ackerman asked if Ms. Del Popo has any input as to how much these figures the survey has identified changed over the course of the year.
Ms. Del Popo said they have a lot of confidence in their data; however, several positive or negative things that could happen between now and November, which she described.
Mayor opened the meeting to public comment.
Michael Mackintosh suggested the Town propose a property tax for 5 years that sunsets so they can use monies to fix roads. He then described funds that were approved but not allocated towards roads such as the UUT, the gas tax, and the franchise fee tax.
Jim Cosgrove referred to road assessments paying for hillside and retaining wall repairs and asked for a road matrix or schedule of funds expended.
Frank Egger cited various tax increases throughout the Bay Area and school districts, and the rent stabilization ordinance which limits rent increases, and urged the Council to pass on a November bond measure.
Mary Manikkam asked for the percentage of Fairfax residents being concerned with the City’s involvement in foreign affairs which was one of the survey questions.
Mark Bell said the gas tax was $410,000, asked why road impact fees have not paid for road maintenance, cited the large turnover in properties, and asked where property tax monies are going.
Todd Greenberg described his opinions of fiscal mismanagement, asked the Council to tighten its budget, and asked to fix roads without additional taxes.
Eva voiced confusion as to why nothing was put on the survey about foreign affairs.
Deborah London said the survey was for a road bond measure, agreed the Council does not have the 2/3 support, and many people will campaign against the measure.
P.J. Feffer asked whether FM3 factored in the local campaign that sent emails to generate negative survey results. He also noted that an austerity budget is just telling people without money that they should suffer which he did not encourage.
Sierra Salin cited Fairfax home prices, property taxes, rental laws, deferred road maintenance, increased costs, and said people are not going to be able to make ends meet.
Michael Sexton, Director of Marin Residents, said survey results are already known by residents, thinks there is no appetite for increased taxes even though road repairs are needed, and urged the Council to pass on the bond measure.
7 June 5, 2024 Town Council Meeting Minutes
Gina said the slide showing top interests did not include anything on international affairs and asked that the next survey include this.
Kay asked why does Fairfax have the worst roads in Marin and pay the highest tax percentage at
1.81%.
Mayor Coler clarified the average assessed value for a median single-family home is $650,000 and there are people who have moved to Town and are paying high sale prices of homes. If voters passed a $36 million bond, it would be $60/$100,000 of assessed value or $390 per year. For an $18 million bond, it would be $30/$100,000 of assessed value or $195 per year. In looking at $15 million, it would be $25/$100,000 of assessed value or $162.50 per year, and for a $9 million bond, it would be $15/$100,000 of assessed value or $97.50 per year.
She pointed out that the margin of error was 5.7% in the survey which she confirmed is a 95% confidence level. Measure K would expire in 2027, so if the Town were to bring a measure this year that would extend Measure K. The next opportunity for an election would be in 2026 so instead of doing a road bond measure at this time, she asked if they looked at a loan from the County for $2 million to get them a couple of years, then go out for a measure, and then it would be a 5-year payoff.
Town Manager Abrams explained the County does make loans to jurisdictions frequently, but they would evaluate the Town based on their ability to repay. The County is willing to provide $2 million in funding and this would be one single tranche. The interest rate was between 4.8% and 5.5% plus 1% which is the administrative fee. This could be paid back within the Town’s means and, while it would not be the grand vision for most streets, it would provide an opportunity to demonstrate the effectiveness of road repairs. If the Council wished to wait until 2026, it will not completely stem the continuing degrading of roads.
Mayor Coler said if they did get a $2 million loan from the County, something to consider might be the Town putting away $1 million each year for roads.
Councilmember Cutrano clarified that at the January 24th Town Council meeting the Council received a proposed 5-year plan where, not only was the current budget woefully inadequate over the next 5 years, it would take the Town from a PCI score of 53 down to 46 if it was kept as is.
To maintain their 53 PCI score, the Town would need to spend on average $2.4 million a year for the next 5 years. So, without the $2 million loan, they would still be decreasing in their PCI while also indebting themselves to the County.
By increasing the PCI by 5 points to go up to 58 over the next 5 years would require an average of $4 million a year in spending on pavement. He thinks the thinking over the last 20 years has resulted in where they are with the Town’s roads.
He then referred to Slide 17 on page 20 in the packet which refers to questions 3 and 5; whether to vote yes or no on the measure. In reducing it from $36 to $18 million, the total “yes” gets to the 2/3 without doing anything in the community.
Vice Mayor Blash said she is glad they did a scientific survey and thinks the Town should do these more frequently. She likened it to an investment into transparency in reaching out to voters and thanked FM3 for doing a great job with the survey. In responding to public comments, regarding the Town’s highest tax percent, this might be related to the fact they have an independent police department and other public services other towns do not have. 8 June 5, 2024 Town Council Meeting Minutes
Town Manager Abrams referred to the pie chart in the budget and confirmed police and fire are the largest part of the budget.
Vice Mayor Blash referred to where Measure K funds are going. She confirmed with the Town Manager that the funding is paying off the debt for repairs that were made in the past. If the Town continues paying as they go, they will never get a large enough chunk for projects that need to be done just to maintain things.
Vice Mayor Blash asked if money is not going to roads that should be.
Ms. Abrams said no; monies come in from gas tax and then go into the General Fund which fund various projects. Audits are done each year and the Town has a healthy reserve and credit rating which is very different from some cities.
Councilmember Hellman referred to the PCI score from January and emphasized information in the staff report and dynamics of not doing anything, as well described by Councilmember Cutrano.
She asked and confirmed the measure would take effect January 1, 2025 if it went on the ballot in November 2024 and passed.
Mayor Coler said Councilmember Cutrano’s point is not to wait a couple of years, given the PCI score will be much worse, and Slide 12 was displayed and described.
Councilmember Ackerman thanked staff and Councilmembers for explanations of graphs and analysis of survey results. He asked the Public Works Director to describe what $18 million versus $36 million would do for the Town’s roads.
Public Works Director Loren Umbertis replied that $18 million is a significant amount, but it will mean that some streets will not get repaired. They could spread out the money so all streets are improved which could be a 10-year versus 20-year fix, as well as a cape seal fix versus a total road replacement. He said the curve starts to accelerate as the age of the roads continue. The longer they wait, the worse the roads will get and may completely fail.
Town Manager Abrams described the Council’s discussion on January 10th and 24th about the financing methods. Regarding why not a sales tax, Fairfax has little retail which would not raise enough funds to make a difference in the repair of roads.
Vice Mayor Blash questioned how hard would it be to ask people for another bond measure given the $18 million would not address everything.
Ms. Abrams said it is a judgement call and this is the reason they did a survey. Ms. Del Popo added that unfortunately the survey does not answer that question and it is situational. A bond measure can serve to build trust and something the Council can point to as a track record of success, but it can also hit a wall of people not voting for it.
Councilmember Hellman asked if there is a matching funds opportunity with bonds, and Ms.
Abrams said yes, this is one of the most attractive features, which she described.
Councilmember Ackerman said there was no fiscal mismanagement whatsoever on Measure K, said he thinks the Town would succeed with an $18 million bond. 9 June 5, 2024 Town Council Meeting Minutes
Mayor Coler said she and Councilmember Cutrano have spoken about this and she initially thought it was not the right time and to wait until 2026. However, Councilmember Cutrano raised some good points and the Public Works Director is very responsive to the community, to the Council, and dedicated to fixing roads. She thinks the $18 million is much more palatable and said she would be happy to work with Councilmember Cutrano on this measure should the Council decide to move forward with it.
Councilmember Hellman said she was glad she initiated the idea to put forward a survey as she was very much on the fence, and would be open to discussing $18 million or $15 million.
Homeowners are paying $146.25 for Measure K, and pavement costs are continuing to go up.
She would be more comfortable with somewhere in between $15 and $18 million.
Mayor Coler noted Councilmember Ackerman indicated he was supportive of $18 million, as well as herself. Councilmember Cutrano voiced his support for $18 million, as well as Vice Mayor Blash.
Town Manager Abrams confirmed she had direction and stated staff will return with a resolution to place the measure on the ballot on July 17, 2024. Councilmember Hellman also asked staff to provide an attachment showing the various costs.
BREAK
Mayor Coler called for a 5-minute break at 9:45 p.m. and, thereafter, reconvened at 9:50 p.m.
M/S, Cutrano/Blash, Motion to waive the 10:00 p.m. rule.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler
13. Adopt a Resolution Submitting to the Qualified Voters of the Town of Fairfax on the November 5, 2024, General Municipal Election Ballot an Initiative Measure Amending the Town Code Regarding Just Cause Eviction and Rent Stabilization Standards in the Town of Fairfax — Town Attorney Janet Coleson
Town Attorney Janet Coleson gave the staff report and overview of the continued item to place the rent stabilization just cause eviction and rent stabilization standards on the ballot.
One of the issues was printing the entire Initiative measure including all strike-outs in the Voter Information Guide. On Section 7 of the Resolution, the full text is shown as to shall or shall not be printed in the Voter Information Guide. The approximate cost of the printing is estimated at $7,700 which is in addition to the pro-rated election cost the Town normally pays. In 2022, that rate was $1.32/registered voter, for a total of $7656.69. So, it doubles the cost to print the entire Initiative.
The other issue was about arguments for and against. In Section 5 of the Resolution on page 3, the Town can authorize one or two members to author one of the arguments. There is a prioritization listed and usually the proponents will write the argument for and the Council may have members to write arguments against, and the Council has the highest priority. Proponents of the measure are second, a bona fide association of citizens is third, and individual voters eligible to vote on the measure is fourth. Once those are turned in, a rebuttal can be done. There were questions about rebuttals. Sometimes there are no rebuttals and this is up to those who draft the rebuttals.
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There were questions about the Council authorizing one or more members to write an argument for or against. In this case, she will assume it is against. The argument is not just signed by the two authorized members but on behalf of the Town Council. The Council can join in with a bona fide organization and write an argument against and put their name on it, but it is not on behalf of the entire Council unless authorized by the Council. She also stated the date of the resolution needs to be changed to June 5, 2024 and not May 29, 2024.
Mayor Coler added a correction on page 1; the third “Whereas” from the bottom should say “Town” Council and not “City” Council.
Vice Mayor Blash asked if it is conceivable that more than one group would write an argument for or against, and Town Attorney said it is conceivable, but it usually does not happen. The Clerk takes them in and prioritizes them based on the Elections Code. When the arguments come in, the Clerk sends them to the other sides and then they write rebuttals. If they want to authorize others to write it for them, they have that decision to make.
Sometimes they will see rebuttals and sometimes you will not, and sometimes different names on them, but this is not a decision the Council is making tonight. The Clerk must also provide a copy of the entire Initiative free of charge to anyone who asks, and this can be placed on the website, the front counter, etc.
Mayor Coler opened the meeting to public comment.
Todd Greenberg questioned where the Initiative will be on the website and asked to include the title of it which is, “Keep Fairfax Fair Act.”
Michael Mackintosh emphasized the need to not change the title of the Initiative, to print the entire language so as not to confuse voters, and not add extra language.
Deborah London supported maintaining “Keep Fairfax Fair Act” which is the whole premise and name of their movement and Initiative. She asked not to add the Town’s own language, said punctuation should remain consistent, and asked to print the entire Initiative language for $7,700 in the Voter Information Guide.
Michael Sexton supported residents get a chance to vote on this. He referred to Section 3 and asked to use the word “revert” instead of “replace”, reverting to the California AB 1482 as opposed to “replacing”. He also asked the Council to acknowledge the letter sent today to the Council.
Councilmember Cutrano said there was a letter received specifically asking that the people who did the Initiative do not want the Town to print the full text. However, he is hearing some people do want to print it so he asked which it is. Regarding the use of “revert,” this is a question for legal counsel, but he understands the Town was not under AB 1482 because Fairfax had its own laws in place before that bill was enacted. So, this should not state “reverting” but “replacing.” Town Attorney Coleson said the ballot question is something the Town Attorney’s office writes and this has been vetted through the Elections Department. There are some rules and guidelines they must follow as mandatory and verbiage originally ended with “and prior Town code” and it was thought there should be some explanation of what the prior Town code contains, and that was the mandatory mediation for rent increases above 5% in a one-year period, which helped to explain the prior 5.55.
Councilmember Hellman asked to speak to the capitalization issue. 11 June 5, 2024 Town Council Meeting Minutes
Town Attorney Coleson said it is to repeal the Town’s current Just Cause Eviction Ordinance and Rent Stabilization Ordinance and replace them with just cause eviction and rent stabilization standards in the California Tenant Protection Act of 2019 and prior Town Code. It is not capitalized because it is not an Ordinance title which was also reviewed by the Elections specialist.
Mayor Coler asked where the Council was as far as printing the entire Initiative.
Town Attorney Coleson stated the cost of printing the Initiative is estimated at $7,700.
Mayor Coler said she has Philip Salaverry’s email which she read regarding their urging of not to print the strike-out portion of the Keep Fairfax Fair Act text of the Initiative in the Voter Information Guide, which they feel is not justified and may be confusing to voters. She said it was signed by both Philip Salaverry and Michael Sexton. He also asked not to use the word “replacing” because “reverting” is the correct descriptive word. The email is straight-forward and there are people in the room that have different opinions so it is the Council’s job to make a decision. Based upon this email, she would say not to spend the extra money, and Town Manager Abrams stated staff can post the Initiative on both the Elections page and Renter and Landlord page. They would also print copies available at the front counter.
Councilmember Ackerman said he would like to make a motion and asked for clarification of the Council’s revisions discussed.
Mayor Coler made the following recommendations:
• She suggested if they are not printing the Initiative, to indicate Section 7 would state the “full text of the measure shall not be printed in the Voter Information Guide….” • Under Item C on page 4, she thinks where it states “if you desire a copy of the ordinance or measure, please call the Elections official’s office….and a copy will be mailed to you at no cost and you may find it on the Town’s website.”
• The date of the resolution will be changed to June 5, 2024. • The third “Whereas” from the bottom on page 1 should say “Town Council” and not “City Council.”
• In Section 3, a period can be inserted after “…and prior Town Code” and take the additional language out, and Councilmembers agreed.
Councilmember Cutrano said he is of the opinion that the Initiative should still be printed in the Voter Information Guide.
Town Attorney Colson referred to the Initiative in 5.55 on page 19; Repeal of Chapter 5.55 of the Town Code, and it shows what is there right now and all of that strike-out will be struck. There is language not struck and that language is verbatim from the one that was in effect or the prior 5.55 and not the current 5.55.
M/S, Ackerman/Coler, Motion to adopt a Resolution Submitting to the Qualified Voters of the Town of Fairfax on the November 5, 2024, General Municipal Election Ballot an Initiative Measure Amending the Town Code Regarding Just Cause Eviction and Rent Stabilization Standards in the Town of Fairfax; as amended:
1) To indicate in Section 7 to state that “The full text of the measure shall not be printed in the Voter Information Guide;”
2) Under Item C on page 4, revise to state “If you desire a copy of the ordinance or measure, please call the Elections official’s office….and a copy will be mailed to you at no cost and you may find it on the Town’s website;
3) The date of the resolution will be changed to June 5, 2024; 12 June 5, 2024 Town Council Meeting Minutes
4) revise the third “Whereas” from the bottom on page 1 to say “Town Council” and not “City Council;” and
5) Add a period and remove the additional language in Section 3 after “….and prior Town Code.” Town Code.
AYES: Ackerman, Vice Mayor Blash, Mayor Coler
NOES: Cutrano and Hellman
Mayor Coler stated the proponents will be writing arguments in favor. The question is who will write arguments against.
Councilmember Cutrano said he is interested in writing an argument against, and said if the majority of the Council stood behind it, it would send a message to the voters as to why the Council wanted to act on rent stabilization and just cause eviction.
Councilmember Ackerman said he would be interested in working with Councilmember Cutrano.
M/S, Hellman/Ackerman, Motion to authorize, on behalf of the Town Council, for Councilmembers Cutrano and Ackerman to work on the Argument against the Initiative.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash
NOES: Coler
14. Consider and Approve Agreements for Town Attorney Services – Town Manager Heather Abrams
This item was continued.
15. Adopt a Proclamation of Peace – Councilmember Cutrano and Councilmember Hellman Mayor Coler introduced the matter.
Councilmembers Hellman stated she and Councilmember Cutrano formed a subcommittee related to this per the Council’s direction. She gave the staff report and background on Ordinance 733 which was passed by the Council. Section B of that code relates to the Town’s health and welfare intertwines with international communities and economies, and which encourages discussion of a broad range of resolutions on public issues, including those of regional, state, national, and international concern.
The subcommittee developed a Proclamation for commitment to and support for Israeli and Palestinian peace. She and Councilmember Cutrano held many meetings and calls and have done their own research. Together they reviewed about 10 different resolutions across the State which informed the development of the Proclamation.
Councilmember Cutrano referred to the IJ article and frustrations about it being called a ceasefire resolution which other communities have adopted. They decided the most appropriate thing to do would be to do something which Fairfax has had a history of doing which is a Proclamation for Peace in the face of violent conflict.
Councilmember Hellman stated this comes from a place for love for humanity and recognizing the suffering in all forms that is occurring all over the country and world over this conflict.
Mayor Coler suggested first reading the Proclamation and then go directly to public comment.
Councilmember Hellman then read the Proclamation into the record. 13 June 5, 2024 Town Council Meeting Minutes
Vice Mayor Blash asked that public commenters indicate whether they live in Fairfax or not. She would like to continue to ask the public not to conflate people with the governments that rule them and not to conflate religious and cultural identity with states.
Mayor Coler reminded people to refrain from using profanity and/or disparaging people based on race, religion, orientation, or country of origin, even while constrained by the Brown Act. She will also disconnect anyone whose comments disrupt the orderly conduct of the meeting and will disconnect individuals after warning them.
She confirmed the number of speakers present and via Zoom, and announced the Town has received 400+ emails in the last few days. She allowed 1 ½ minutes, and asked if the speaker agrees with previous speakers, she asked that they indicate they agree with the previous speaker’s comments.
Mayor Coler opened the meeting to public comment.
The following speakers spoke against the Council’s adoption of the Proclamation of Peace, some of whom cite divisiveness and anti-Semitism:
Rebecca Barr-Cohen An unidentified speaker
A clinical psychologist in Marin County An unidentified speaker Lori, Fairfax and San Francisco teacher Erica Rose, Fairfax Jennifer David Glick, Fairfax, Jewish Voice for Peace
Ben Wasserman, Fairfax Eva Crisanti, Marin County Confidential Jennifer, Fairfax Michael Mackintosh, Fairfax
Ace Thelon, Fairfax Kim, San Anselmo
Lili eve, Fairfax/San Anselmo
The following speakers spoke in favor of the Council’s adoption of the Proclamation of Peace, some of which requested a ceasefire resolution and asked to end genocide:
Larry Bragman, Fairfax Mark Bell, Fairfax
Ling Chen, Fairfax P.J. Feffer, Fairfax
Naomi Schultz, Fairfax Frank Egger, Fairfax
Francesca Betzaperella, Fairfax Joe
Mark, Fairfax An unidentified speaker, Fairfax
Yolanda Verona, Fairfax
Steve Burdo, San Anselmo Councilmember, said he respects all Fairfax Councilmembers, appreciates people’s passions, thanked them for their service, and asked to choose kindness.
M/S, Cutrano/Blash, to continue past 11:00 p.m.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler The following speakers continued to speak against the Council’s adoption of the Proclamation of Peace, some of whom cite divisiveness to the Jewish community and anti-Semitism:
Todd Greenberg, Fairfax Michael
Ben Kleinman, Novato Chris P., Marin USA/Palestine Solidarity Co-Chair Cindy Ross, Fairfax Geela, San Rafael
David Leve
Diana Miriam
Hadar, Kentfield Holli Thier, Vice Mayor, Tiburon Town Council Val Maxine, San Anselmo
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Esther W-Computer speaker
Nina Barr
The following speakers continued to speak in favor of the Council’s adoption of the Proclamation of Peace, some of which requested a ceasefire resolution and asked to end genocide:
Jenny Elias, Kentfield
Ariana Pelateri, Fairfax Nicole, Palestinian
Sabrina, Marin County native Rebecca
Reva, Marin resident Maraya, Fairfax
Alex Hernandez Barbara Bogart
Molly, San Rafael Sandy Hampshire, Fairfax
Fatima, Marin resident Martha
I-Phone 13 speaker Susan
T.J. Oren
Sierra Salin spoke of misperceptions and misunderstandings and voiced support of having a dialogue.
Councilmember Cutrano cited the many ways and stories of how communities conduct themselves. He is proud Fairfax has created respectfulness and he knows there are strong emotions, but he is grateful everyone has been respectful during this discussion. When global communities are confronted with conflict, it is very important for us to acknowledge there are pathways to disrupt cycles of violence and to issue wishes for peace.
Vice Mayor Blash commented that she was concerned about this when she first heard about it, but was impressed by the writings and attempts made by Councilmembers to reach out to members of the community. She said she met with a number of people who shared their ideas and life experiences which she deeply appreciates, and is grateful for the public input. She appreciates also the civility in the room and understands the concerns that some might think this might open the door for hate speech. They had a little of that at the beginning of the meeting which is horrible, but she does not agree that they may not and cannot address social justice issues just because some people do not agree.
She thinks many people feel unsafe due to global and national politics and they are seeing a worldwide decrease in democracies, growing authoritarianism, and an increase of scapegoating of different groups to bolster those movements. She thinks many people feel anxious and she suggested reaching out and acting as an ally to others, name the prejudice and disown it, and embrace compassion.
Councilmember Ackerman said he also appreciates the conversation tonight and said he has had some amazing conversations with people who he respects on different sides of this multi-sided issue, and has learned a great deal and hopes to continue to learn. The Council will not solve it here and since he played a role in bringing up the question under Future Agenda Items, it was brought forward. It is a very well-written Proclamation and thanked both Councilmembers Cutrano and Hellman for their work on it. He is thankful for the discussion tonight and thanked all speakers for their speaking respectfully and hearing each other. 15 June 5, 2024 Town Council Meeting Minutes
Councilmember Hellman said she appreciates everyone who spoke tonight, learned a great deal through the process, conversations, and research, thinks the proclamation reflects the values of Fairfax. It is not intended to solve anything but rather recognize the suffering and their desire for peace. It became too uncomfortable to stay silent on this issue and this is why the Council brought it forward. Over the last few months, they began to hear from the community asking for this which is what prompted her to recommend this subcommittee and the proclamation. She is grateful there was no disruption and commotions that have happened in other Council meetings.
Mayor Coler thanked Councilmember Hellman and Cutrano for bringing forward a Peace Proclamation. The subcommittee worked hard, met with many people over months, and struck a good balance. The Council received 400+ emails in a couple of days, most of which were call to action emails on the topic. There were also several emails since April where people told Councilmembers their stories but there is no easy answer here. In listening to people tonight, some people did not think it went far enough, and many who spoke feel, no matter the words for a peace proclamation, it still may cause hurt. She thinks the Council has a better understanding now with the Proclamation being read of what was intended. She applauded Councilmembers Hellman and Cutrano for their work and many meetings held with people from many different perspectives, but she still has concerns.
She would ask for a motion or additional comments.
Councilmember Ackerman said he has heard many directions on this as far as how people would like to see him vote. One person who he respects said they thought this could be a model for other jurisdictions who are considering speaking out on this. So, despite all the fear he has heard about this, he will vote for the Proclamation.
Vice Mayor Blash emphasized she was able to meet with wonderful people who have amazing lives and opinions. She has been so upset and horrified by the actions of Hamas and by the actions of Netanyahu. She can hold both of those things, recognized both sides are suffering in different ways, and will vote “yes” on this even though she thought she would originally vote “no.” Mayor Coler said she sees pros and cons on both sides. It may seem she is not taking a position but does not feel comfortable voting “yes” or “no” so she will abstain.
M/S, Hellman/Cutrano, Motion to adopt a Proclamation of Peace.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash
ABSTAIN: Mayor Coler
Council Reports and Comments:
Mayor Coler announced that Council Reports are included in writing in the Consent Calendar.
Future Agenda Items
None.
Town Manager Report
Town Manager Abrams reported on the roll-over incident at Tamalpais and Berry Trail, stating the grinder truck has been removed and efforts are in place to repair the road. There are some parking issues they are working on together which will be coming forward soon, as well as 10 households that cannot drive to their homes but can access them by foot. Repairs are being designed and will be brought forward for construction. She asked people to contact the Public Works Department with questions.
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Adjournment
The meeting was adjourned at 1:05 a.m. In memory of Colleen Ann Michaels, Serita Brooke, Kevin Carroll, and Gail De Groot.