1 July 17, 2024 Town Council Meeting Minutes
Fairfax Town Council Minutes
Regular Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via teleconference
Wednesday, July 17, 2024
Call to Order/Roll Call:
Mayor Coler called the Regular Meeting to order at 6:30 p.m. and announced that Councilmember Cutrano is participating via teleconference from 20473 Mazama Place, Bend, Oregon 97702.* COUNCILMEMBERS PRESENT: Bruce Ackerman
Lisel Blash, Vice Mayor
Barbara Coler, Mayor
Chance Cutrano (via teleconference*)
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 NOES: None
Public Comment:
None.
ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:
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 – 6:10 p.m.
Special Meeting to Conduct Interviews and Consider Appointments at 6:10 p.m.
In-person at the Fairfax Women’s Club
1. Interview and Consider Appointment for the Planning Commission Applicant Daniele Petrone – Deputy Town Clerk Christine Foster
M/S, Hellman/Blash, Motion to Appoint Daniele Petrone to the Planning Commission.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
2 July 17, 2024 Town Council Meeting Minutes
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 6:32 p.m.
Pledge of Allegiance: Mayor Coler led in the Pledge of Allegiance.
Approval of Agenda
Mayor Coler announced the Town Council will continue Item 6 to a date uncertain.
M/S, Ackerman/Hellman, Motion to continue Item 6 to a date uncertain.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler M/S, Ackerman/Blash, Motion to approve the agenda, as amended.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler Mayor Coler read the Land Acknowledgement Statement and delivered a brief statement regarding the Town’s position and protocols on hate speech.
Report out on Closed Session: Mayor Coler announced no reportable action was taken in Closed Session.
Presentations:
1. Receive Presentation and Update on Bridges Projects – Public Works Director Loren Umbertis
Public Works Director Loren Umbertis introduced the Town’s consultant Nader Tamannaie from MGE Engineering and both described the presentation as an update on the Town’s bridge projects. He described the work for replacement and repairs/improvements to bridges and surrounding areas, described the projects’ timeline, the process leading to final design and approval, construction, phased funding, CEQA, a timeline for events and construction of each project, the bridge preventative maintenance program, funding, preparation of CEQA documents, certification of NEPA, and construction targets.
Councilmembers asked and confirmed with Mr. Umbertis and Mr. Tamannaie that federal funds are in place and as programs have progressed from 2010, work on additional parcels and additional funding has been achieved for a total of five parcels.
Mr. Tamannaie further described phased deadlines, seven-year agreements to finish the project, extensions, addressed questions relating to efforts made and the need for additional proactive engagement with neighbors, and Caltrans staff interaction about any delays.
Mayor Coler opened the meeting to public comments.
Frank Egger commented on the project cost and maintenance, and described problems with the Meadow Way Bridge.
Todd Greenberg suggested information be updated and shared on the Town’s website to show a clear timeline and cost of the projects.
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Michael Mackintosh asked for more transparency of timely information and costs.
Mayor Coler clarified there is no vote being taken tonight, suggested the website be updated as well as disclosure of full costs and recommended the item return to the Council for an update in six months.
Open Time
Mark Solomons stated the only other proclamation approved was on Ukraine and inquired about a proclamation for United Against Hate Week in September.
Michael Mackintosh spoke about the definition of Open Time and asked the Mayor to allow public speakers to be able to bring forth information.
Todd Greenberg addressed the Council about the Brown Act and asked to be allowed to remove Consent Calendar items.
Mark Bell asked for clear costs on the bridges projects and thinks the public’s comments should not be viewed as criticisms or attacks.
Eva Chrysanthe addressed the Council about the peace movement, history of the anti-Zionist movement within the Jewish community, and fatalities in Gaza.
Regular Agenda:
2. Authorize Town Manager to Award Contract to Miller Pacific Engineering Group for Design and Administration Services for Tamalpais/Berry Retaining Wall, Not to Exceed $182,000; Authorize Town Manager to Solicit Bids for Construction and Authorize Town Manager to Award Contract for Construction to not exceed $400,000 – Public Works Director Loren Umbertis
Public Works Director Loren Umbertis gave the staff report, background, and PowerPoint presentation regarding the request for award of contract to Miller Pacific Engineering Group for design and administration services and request to authorize the Town Manager to solicit bids for construction and award of a contract for the Tamalpais/Berry Retaining Wall. He cited one error in the staff report on page 1 regarding “The piece of equipment fell on May 27th” which should be changed to “May 24th.”
Councilmembers thanked staff for addressing the incident so quickly, questioned and confirmed construction of the wall will be done prior to the pump station being replaced; that MMWD was able to get a replacement pump within a few days to ensure water supply, a permanent location will be determined by MMWD, and MMWD will keep the temporary station located until they can construct a new pump station. Once the new wall goes in full access will be restored to Berry Trail for vehicular traffic and the Town has reserve funds to address the emergency.
Mayor Coler opened the meeting to public comments.
Michael Mackintosh thanked staff for their efforts and spoke of business owner Christian Bumstead.
Frank Egger referred to the public bidding process, questioned who selected Miller Pacific Engineering Group, and questioned the Town Council’s role in the bid selection process. 4 July 17, 2024 Town Council Meeting Minutes
Todd Greenberg spoke about bidding requirements, bid selection, working with MMWD, and costrecovery.
Mayor Coler clarified Miller Pacific Engineering Group is the Town’s engineering contractor, stated the Town wants to ensure the work is done before the rainy season and confirmed with the Town Attorney that the method of handling the bidding has been reviewed by the Public Works attorneys and approved.
Mr. Umbertis then described the process staff will be using for contractors interested in bidding the project and said the purpose for allowing the Town Manager to award the bid is to save time which accelerates the work by two to four weeks.
M/S, Hellman/Blash, Motion to authorize Town Manager to award contract to Miller Pacific Engineering Group for design and administration services including soft costs for Tamalpais/Berry Retaining Wall, not to exceed $182,000.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler M/S, Hellman/Blash, Motion to authorize Town Manager to solicit bids for construction if bids do not exceed $400,000 and will select the lowest responsible bidder.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler
3. Receive Proposed Five-Year Streets and Roads Improvement Plan Assuming Fairfax Voter Approved Bond Measure of Estimated $18 million – Public Works Director Loren Umbertis
Joe Ririe, Senior Principal Engineer and President, PEI, gave a PowerPoint presentation and described background and facts of the Town’s maintenance of 27.6 centerline miles, 3 million square feet of pavement, the most recent PCI of 52, asset value of paved streets at $203 million, and MTC’s pothole report where Fairfax is 11th from the bottom out of 109 PCI’s which is the lowest PCI on average of Marin County jurisdictions. He then described expected drop in the PCI down to 46 over the next five years at the $500,000 level and expanded deferred maintenance.
Mr. Ririe then presented the proposed strategy on how to spend bond funds and proposed the Town proceed with: 1) ensure the Town stays committed to the $2.5 million five-year plan presented in January; 2) focus the $18 million bond on major roads; and 3) to explore various grants and partnerships, recognizing there is value engineering opportunities. He then described a map showing the streets included in the five-year plan and streets the Town should focus on.
Mayor Coler and Councilmember questions ensued regarding the PCI rating, the need and what could be accomplished with $18 million, the importance of communication, education and outreach, potential additional State, federal, and local shared project funding opportunities, and confirmation that staff will approach the County for Flood Zone 9 monies for Sir Francis Drake if bond is approved.
Mayor Coler opened the meeting to public comments.
Todd Greenberg thinks the real cost is $40 million over 32 years and recommended utilization of Town revenues for the project.
Michael Mackintosh asked that funds already collected by the Town such as UUT, franchise, and road impact encroachment fees, which he thinks equal $1.27 million, be dedicated to roads.
Mark Bell asked for a basic structural change in the Town’s finances and suggested asking voters to approve a sales tax measure similar to what Larkspur did. 5 July 17, 2024 Town Council Meeting Minutes
Frank Egger asked that the resolutions include the tax amount, rate, and duration.
Mayor Coler clarified that these references can be discussed under Item 4 that talk about the ballot measure.
M/S, Hellman/Blash, Motion to file and receive the report.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler BREAK
Mayor Coler called for a break at 8:43 p.m. and, thereafter, reconvened at 8:55 p.m.
4. Adopt the Resolution of Necessity and Waive First Reading and Read by Title Only Ordinance No. 890 Ordering the Submission of a Measure Incurring Bonded Indebtedness to the Voters at the November 2024 General Municipal Election – Town Manager Heather Abrams and Town Attorney Janet Coleson
Town Manager Heather Abrams introduced the item and said the municipal advisor and bond counsel are available on Zoom. She explained the reason these are two separate items is because one is a projection of what could be accomplished if the Council places an $18 million in principal onto the ballot and, if voters approve it, staff wanted to show what could be accomplished with it. This item is the resolution and ordinance that gets that process of placing it on the ballot started. She then described previous discussions held about roads, Fairfax’s small sales tax base, the scientific survey completed and presented twice, work by the subcommittee and the firm, follow-up to show what could be done if the $18 million bond was passed, ballot language which is limited to 75 words, specific use of funds on roads, bond features, Measure K’s expiration in 2027, collection of proposed bond proceeds through FY 2057/58, debt service principle of $18 million and total debt service of approximately $40 million, and establishment of an oversight committee.
Town Manager Abrams then described next steps, which includes a second reading of the ordinance and a resolution to place the item on the ballot, and a voter campaign for support of the measure.
Councilmember questions and discussion ensued regarding the financial instrument as a General Obligation Bond where funding is restricted to whatever is in the ballot measure and not general expenditures, borrowing of money in tranches, the interest rate, refinancing options, and current use of funds for roads.
Wing-Sing Fox, Municipal Advisor, explained the bond as similar to a mortgage when buying a home over 30 years, said the GO Bond is one type of municipal bond and they assumed a 5% interest rate for each of the three tranches, and the Town’s credit rating is among the highest credit rating, so it can attain the lowest interest cost. The Council would be approving no more than $30/$100,000 of assessed value, with the opportunity for refinancing options similar to Measure K and, given the Town’s strong and prudent fiscal management, they hope to get below that borrowing rate for each of the tranches.
Mayor Coler opened the meeting to public comments.
Frank Egger voiced concerns with the proposal and the amount of interest paid, available federal funds, the number of measures on November’s ballot, and thinks interest rates will be half of what they are today in 2026.
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Todd Greenberg thinks the Town is not spending enough money on its roads and suggested eliminating the Climate Action expenditure of $250,000 and other budgets.
Mark Bell suggested the $18 million instead be $2 million a year for nine years, asked why the Town is not getting $30,000 a year for the parklets, and thinks existing money should be spent on roads.
Michael Mackintosh asked that the Town spend its monies on roads and asked the Council to listen to the majority of residents.
Philip Salaverry voiced opposition to the Town hiring a $32,000 specialized consultant, said his property taxes are unaffordable now, and asked that the Town spend its money on roads and not additionally tax residents.
Councilmember discussion ensued regarding the potential to refinance and save money, consideration of the first tranche in 2025/26, the fact that 55.5% of the Town’s budget goes to Police and Fire and then Planning and Public Works, respectively, the amount of work done last fiscal year which were portions of roadways as well as emergency repairs on landslides, 195 Pine, and now the pump station, the need to make the investment and consequences of not approving the bond measure, polling and reasoning behind the $18 million versus the $36 million, and the dire need for road repairs.
M/S, Cutrano/Hellman, Motion to adopt the Resolution of Necessity and waive first reading and read by title only Ordinance No. 890 ordering the submission of a Measure incurring bonded indebtedness to the voters at the November 2024 General Municipal Election, with the supplement.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler M/S, Ackerman/Blash, Motion to waive the 10:00 p.m. rule.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler
5. Consider and Approve Agreements for Town Attorney Services – Town Manager Heather Abrams
Mayor Coler announced and distributed to the Council and public the two changes to the two agreements which she described as adding that the Town be an additional insured. Town Attorney Coleson pointed out the change in Section 3.8 Insurance, which clarifies insurance from BBK and from the new firm she will be with and that there is additional insured for general liability.
Town Manager Abrams gave the staff report and overview regarding the announcement by BBK that legal fees would be increased quite significantly, reasons and the desire to retain Ms.
Coleson, the option to stay with BBK versus a second option was to retain Ms. Coleson as the Town’s Attorney with a new firm, Public Agency Law, Inc. where a separate agreement could be signed with BBK to provide specialized attorney services.
Councilmember Hellman asked and confirmed the specialized service rate per hour with BBK as between $355/hour to $425/hour for legal items such as for elections, CEQA, personnel law, and litigation services, among others.
Mayor Coler opened the meeting to public comments.
Todd Greenberg complained of exceedances of the Town Attorney budget, block billing with no public details, PRA requests, and lack of public documents. 7 July 17, 2024 Town Council Meeting Minutes
Mark Bell cited skyrocketing legal costs and asked that the Council seek other opportunities.
Michael Mackintosh spoke about concerns with protections for the Town and recommended determining what the indemnification entitles the Town to.
Frank Egger asked and confirmed the recommendation is for Ms. Coleson to work for the Public Agency Law, Inc. (PAL) in Santa Rosa and provide day-to-day legal services for the Town, and for specialized services, the Town would continue to contract with BBK.
Richard Applebaum suggested considering local attorneys with connections to the community or other options.
Mayor Coler responded to speaker questions, stating Public Agency Law consists of Janet Coleson who has 30+ years of local agency law experience, noted local attorneys in town do not necessarily have that expertise, that BBK has a mandatory annual cost inflator which PAL does not have, and confirmed the last increase for BBK was in 2018.
Councilmember discussion and deliberation ensued regarding Ms. Coleson’s experience with other agencies, requested a breakdown ratio of general counsel versus specialized counsel services, clarified that billing is confidential and not disclosed, that the ratio is provided in the final budget, confirmed that indemnification is provided to go beyond the limits of insurance and Ms.
Coleson is covered with professional, automobile, and general liability, and support was voiced to choose Option 2 and include the two supplements to the contract with Janet Coleson of Public Agency Law, Inc.
M/S, Hellman/Blash, Motion to approve the agreements for Town Attorney services including the two supplements to the contract with Public Agency Law.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
6. Consider Adopting a Resolution Establishing a Pilot Program for Short-Term Special Events on Private Property – Planning and Building Services Director Jeffrey Beiswenger This item was continued.
Consent Calendar:
Mayor Coler announced that there is a supplement for Item 12. She asked if Councilmembers or the public wished to remove an item from the Consent Calendar. Councilmember Hellman requested pulling Item 14.
M/S, Hellman/Ackerman, Motion to pull Item 14 and to hear the item after adoption of the Consent Calendar.
AYES: Ackerman, Cutrano, Hellman, Mayor Coler
NOES: Vice Mayor Blash
Mayor Coler opened the meeting to public comments.
Mark Bell commented on Item 8 and asked the Town to hire a court reporter for preparation of minutes, and referred to Item 16 and asked to have the Town look into having PG&E underground Fairfax’s transmission lines.
Mayor Coler reminded everyone that the minutes are summary minutes, not verbatim, and only pertain to deliberative decisions.
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Todd Greenberg complained about not being allowed to speak on and not being allowed to request removal of Consent Calendar items, requested pulling Item 7, 8, and asked why the Town is paying more than San Anselmo for legal services.
Michael Mackintosh voiced complaint on why the Council does not allow public members to pull items from the Consent Calendar, voiced complaints about Item 8 and the timeliness of their completion and/or agendizing them.
7. Receive Financial Statement and Disbursement Reports for May 2024 – Finance Director, Michael Vivrette
8. Approve minutes for the December 6, 2023, and May 8, 2024, Town Council meetings – Deputy Town Clerk, Christine Foster
9. Receive written report on Councilmembers’ assignments, committees, and activities in June 2024 – Deputy Town Clerk Christine Foster
10. Notice of Amendments to the Memorandum of Understanding (MOU) with the Service Employees International Union, Local 1021 (SEIU) for the Period July 1, 2024, through June 30, 2026 – Town Manager Heather Abrams
11. Notice of Amendments to the Memorandum of Understanding (MOU) with the Fairfax Police Officer’s Association (FPOA) for the Period July 1, 2024, through June 30, 2027– Town Manager Heather Abrams
12. Adoption of a Resolution Making Certain Findings and Determinations in Compliance with Section XIIIB of the California Constitution (Gann Initiative) and Setting the Appropriation Limit for Fiscal Year 2024-25 — Finance Director Michael Vivrette
13. Approve Responses to the 2023-2024 Marin County Civil Grand Jury Report entitled “Cyber Preparedness: Are We There Yet?” – Deputy Town Clerk Christine Foster
15. Adopt a Resolution Authorizing the Town Manager to Purchase and Outfit Two Police Department Patrol Vehicles (HYBRID) for an amount not to exceed $170,000 – Police Chief Rico Tabaranza
16. Receive Pacific Gas & Electric Company Report on Outage Data, Reliability Statistics, and Improvement Measures for the Town of Fairfax – Town Manager Heather Abrams and Deputy Town Clerk Christine Foster
17. Receive Update on Red Curb Painting within Town of Fairfax per AB 413 – Director of Public Works Loren Umbertis
18. Authorize the Mayor to Send a Letter of Support for Marin Transit’s Applications for Regional Measure 3 (RM3) North Bay Transit Access Improvements Grants – Town Manager Heather Abrams
19. Adopt Disability Pride Month Proclamation – Mayor Coler and Councilmember Cutrano M/S, Hellman/Cutrano, Motion to adopt the Consent Calendar with a supplement for Item 12 and removal of Item 14.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler 9 July 17, 2024 Town Council Meeting Minutes
Councilmember Hellman asked and the Town Clerk described how minutes are prepared, stating the intention of the minutes is to record the legislative decision of the body and deliberation leading up to that. There is no involvement from any other party other than herself and the minute-taker in producing and reviewing the minutes.
The December 6th minutes did not come to the Council until today, which was an oversight on her part during the Town Clerk’s transition into retirement, and this was brought to her attention by a resident and the reason for the delay. She confirmed staff does not take direction from any Councilmember, said everyone has opinions about the minutes but there are best practices for minutes which are followed by the Town, and she agreed to post on the website these guidelines the Town follows.
Councilmember Hellman confirmed she did not change the minutes.
Item Removed from the Consent Calendar:
14. Approve Responses to the 2023-2024 Marin County Civil Grand Jury Report entitled “With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk” – Police Chief Rico Tabaranza
Police Chief Rico Tabaranza gave the staff report regarding approval of responses to the 2023- 2024 Marin County Civil Grand Jury Report entitled “With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk.” He provided an overview of the work of the Civil Grand Jury, recommendations, and responses attached to the staff report due by July 25th.
Councilmember questions and discussion surrounded concerns with E-bikes, risks, the legality of Super 73’s. Chief Tabaranza said per the California Vehicle Code, a Class 2 Electric Bicycle is a low-speed throttle assisted E-bike equipped with a motor that may be used exclusively to propel the bicycle that is not capable of providing assistance when the bike reaches a speed of 20 mph.
He has an appointment tomorrow morning to meet with the new Superintendent to develop a program for registration, inspection, and communicating with parents and students on what is legal, illegal, and modifications that are causing danger and high levels of accidents.
Mayor Coler opened the meeting to public comment.
Bob Mittelstaedt supported suggestions from the Civil Grand Jury, said the Council can consider an ordinance if and when AB1778 is passed, and they will see if the registration program works.
A speaker thanked Councilmember Hellman for bringing up comments and described their experience riding minibikes.
Todd Greenberg asked that the emphasis be on education and risks, and that the Town develop an educational program.
Mayor Coler and Councilmembers voiced support of the Police Chief’s work in moving forward on education, a registration program, and collaboration with the schools, suggested the Bicycle and Pedestrian Advisory Group consider taking up the issue, the passage of AB1778, and voiced support of approval of the Civil Grand Jury Report response. 10 July 17, 2024 Town Council Meeting Minutes
Town Attorney Coleson referred to R-1 and said it states, “By December 31, 2024, each municipality of Marin should take all steps necessary to adopt an ordinance with regard to Class 2 E-Bikes with, at a minimum, the following provisions:” and voiced concerns with B and C language. She suggested the response say the Council will consider adopting an ordinance and that they have flexibility in provisions that they do not have to accept language exactly as written here because it could be found to be not narrowly tailored to the purpose and therefore subject to challenge.
After brief Council discussion and language suggestions, Mayor Coler suggested stating R-1 “will not be implemented at this time.” She asked to leave out the rest of the language regarding further research and fine-tuning of language, etc. Councilmembers agreed.
M/S, Hellman/Ackerman, Motion to approve responses to the 2023-2024 Marin County Civil Grand Jury Report entitled, “With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk”; and to amend the response to R-1 to read: “…will not be implemented at this time.”
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler M/S, Ackerman/Blash, Motion to waive the 11:30 p.m. rule.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, 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 announced that Deputy Clerk Christine Foster has accepted the Town’s offer as the new Deputy Clerk/Assistant to the Town Manager.
Mayor Coler opened the meeting to public comments.
Michael Mackintosh asked how this will be affected with any upcoming election for the Town Clerk position.
Adjournment
The meeting was adjourned at 11:33 a.m. in memory of Eric Pop, Clifford Pedroni, Ray Manley Jr., Martin (Marty) Kornfeld, and Doug Martin.