1 August 7, 2024 Town Council Meeting Minutes
Fairfax Town Council Minutes
Regular Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via teleconference
Wednesday, August 7, 2024
Call to Order/Roll Call:
Mayor Coler called the Regular Meeting to order at 6:30 p.m. and announced that Councilmember Hellman is participating via teleconference from 22 Ocean View Avenue, Dillan Beach, CA 94929*.
COUNCILMEMBERS PRESENT: Bruce Ackerman
Lisel Blash, Vice Mayor (via teleconference)
Barbara Coler, Mayor
Chance Cutrano
Stephanie Hellman (via teleconference*)
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 5:20 p.m.
Community Center, 16 Park Road, Fairfax, CA
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 – 6:30 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.
Report out on Closed Session: Mayor Coler announced no reportable action was taken in Closed Session.
Pledge of Allegiance: Mayor Coler led in the Pledge of Allegiance.
Approval of Agenda
M/S, Cutrano/Ackerman, Motion to approve the agenda.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
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Mayor Coler read the Land Acknowledgement Statement and delivered a brief statement regarding the Town’s position and protocols on hate speech.
Presentations:
1. Informational Presentation Regarding the Office of Emergency Management (OEM) Services and Preparation for Disasters – Steven Torrence Steven Torrence, Director of Emergency Management for the Marin County Office of Emergency Management, gave a PowerPoint presentation on OEM services and highlighted the collaboration and shared services between the Town of Fairfax and the County’s OEM.
Councilmember Cutrano questioned and confirmed the duties of the Emergency Preparedness Coordinator, and Mr. Torrence then briefly addressed a question regarding FEMA requirements relating to mitigation projects with the Multi-Jurisdictional Hazard Mitigation Plan.
Councilmember Hellman asked and confirmed with Mr. Torrence that cooling centers fall under the Department of Health and Humans Services and OEM is working with heat risk modeling and the best way to set them up when needed. In response to a question about alerts, Mr. Torrence noted that In March their first Countywide Alert Marin test was done, and Fairfax has the highest opt in rate with 47% of the adult population opted in.
Additionally, Councilmember Hellman referred to vulnerable adults with COVID in the community, and Mr. Torrence described available data and programs from the Health and Human Services Department.
Mayor Coler said those who are wheelchair-bound or with medical needs should let the police and fire departments know that they may need help, and she asked if a list could be developed.
Dan Mahoney, Ross Valley Fire Chief, responded that it is difficult to update these lists as people move away, pass on, or have alternative means of communication; however, they can include information in their Computer Aided Dispatch (CAD) system.
Mayor Coler referred to dead zones with cell service during power outages. Mr. Torrence explained they are working to fill the dead zone gaps and their goal is to send out alerts prior to the power going out through Alert Marin. Mayor Coler asked and Mr. Torrence explained requirements and updated information under the Emergency Operations Plan.
Mayor Coler opened the meeting to public comments.
Todd Greenberg asked if Mr. Torrence could speak to damage reporting enhancements, the status of cell phones and power outages, and fire hazard mitigation.
Mark Bell referred to RHNA numbers in Fairfax resulting in a 15% increase in population and vehicles, and asked if modeling is being done for evacuation routes.
Cindy Swift, Cascade Canyon Firewise Steering Committee, spoke about a community event and said the committee discussed access needs for disabled adults through promotion of neighborhood resources.
Michael Mackintosh suggested having an interactive page for someone with a disability to be able to update their information through a Constant Contact reminder to ensure current information is accurate.
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Mayor Coler and Councilmembers thanked Mr. Torrence and Fire Chief Mahoney.
2. Receive and File update on Storm Water projects and American Rescue Plan Act (ARPA) funding – Director of Public Works Loren Umbertis
Public Works Director Loren Umbertis provided the staff report and an update on storm water projects and ARPA funding.
Councilmember Cutrano asked if staff is looking to move water off of Park Road into Perry Park rather than School Street.
Mr. Umbertis explained staff is determining the best way to use the stormwater and are now looking at bio-retention to treat the water before it enters the creek as well as considering trash capture.
Vice Mayor Blash said repaving Park Road was part of this budget and wondered if this may alleviate some of the pressure on their 5-year plan.
Mr. Umbertis said if they are able to move forward the paving project they can use ARPA funding.
If they get to Year 3 or 2026, this will free up money for other projects.
Mayor Coler opened the meeting to public comments.
Michael Mackintosh questioned the capacity of Kent storm drains and the reasoning for different sized pipes, asked to consider the Town creek drainage system, and suggested using streets as short-term retention basins and restrict water from going into the creek.
Todd Greenberg asked the Town to save money by staff notifying utilities such as MMWD about storm drains so as not to duplicate the digging up of streets. He asked if some of the funds can be set aside in an escrow account or asked if it must be spent by a certain date.
Kathy Flores voiced concern with Taylor Drive where she believes there are no storm drains and it floods every year.
Laurie Kramer asked the Council to reconsider looking at adding a storm drain where Rocca and Taylor meet and one at Geary where it meets Taylor. She lives at 19 Taylor Drive and all runoff from Rocca, Geary, and Taylor all meet at her house and floods the street and her driveway annually. She has a supply of sand bags and storm gates she puts up every year and asked the Town to consider her request when adding storm drains.
Mayor Coler and Councilmember Cutrano asked Mr. Umbertis to review the area on Taylor Drive.
Mr. Umbertis noted this section of roadway is on the Town’s 5-year plan and staff will look at improvements at that time. Recently, Ross Valley Sanitary District improved their sewer system along Taylor and going up Rocca, and they did a significant amount of patch paving which helped to alleviate issues with the road surface.
Councilmember Cutrano agreed with Michael Mackintosh’s comments regarding the need to slow water, confirmed ARPA funds must be obligated by December 31, 2024 and they must be spent by December 31, 2026.
Open Time
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Michael Ardito, Fairfax Open Space Committee, reminded everyone that the committee will be celebrating its 20th anniversary here on Saturday, September 7th from 5 to 9 p.m. They hope to meet their goal for the $2.9 million in fundraising for acquisition of the Wall property. He announced that San Anselmo Open Space Committee member Brian Crawford will give a presentation on his new book about the Fairfax Bolinas Road history at the Elks Lodge for the Marin History Museum next Tuesday, August 13th at 7 p.m.
Todd Greenberg spoke about the Town Manager’s report, questioned the meeting minutes, and feels the Council disparages speakers.
Mayor Coler clarified that comments must be received by 3 p.m. and those not received by that deadline will be posted tomorrow.
Michael Mackintosh said some comments received were not included in the packet regardless of being received before or after 3 p.m. and questioned transparency and integrity of the Council.
Kathy Flores said she and her family have lived on Claus Circle for 32 years which has never been repaved, and she asked staff to look into this.
Kay said she respects Bob for what he is doing with E-bikes, said the Brown Act allows people to criticize the Town Council but not attack them, appreciates people speaking, and asked the Council to come together with all speakers.
Councilmember Cutrano noted that the Town’s 5-year Pavement Management Plan has Claus Drive and Claus Circle on Year 4.
Regular Agenda:
3. Approve a Maintenance Agreement Between the Town of Fairfax and the Marin County Open Space District (MCOSD) For Routine Trail Maintenance on the Wall Property and Authorize the Town Manager to Execute the Agreement – Town Manager Heather Abrams Mayor Coler noted that she and Councilmember Cutrano serve on a subcommittee regarding the Wall property and have worked closely with Marin Open Space Trust and with the County and are glad the partnership is coming to fruition.
Town Manager Heather Abrams gave a brief PowerPoint presentation on the Wall property, preservation and public access, details of the maintenance agreement, and the County and Town’s roles in maintenance of the property.
Councilmember Cutrano referred to the County’s maintenance of the property and questioned what vegetation trimming includes, asked about hydrology and its impacts on the current fire road, maintenance, and whether it will continue to operate as a fire road.
Carl Somers, Planning Manager, Marin County Parks, spoke about their role to secure the property with the Town and said separately a grant of $1 million from the County Measure A acquisition funding to go to the Marin Open Space Trust to defray part of the purchase price of the property.
Regarding vegetation trimming in the maintenance agreement, Mr. Somers clarified they perform work to maintain access and paths of travel, maintain existing out-sloping on the roads and rolling dips in the reconstruction work to manage water better, but do not undertake mowing or fuel reduction work. At times, they also do road to trail conversions but only do so in coordination with fire departments and other emergency responders, but this is not in the maintenance agreement. 5 August 7, 2024 Town Council Meeting Minutes
Mayor Coler also confirmed that the Board of Supervisors will also take up the Measure A grant on August 20th as well as the management agreement.
Mayor Coler opened the meeting to public comments.
Todd Greenberg thanked everyone for the hard work, and questioned what the cost of the maintenance agreement now and over time is.
John Reed, Open Space Committee member, commended the Council and Marin County Open Space for coming to this agreement, and commented about the spiral labyrinth on the plateau.
Michael Mackintosh asked who and how will the maintenance and insurance be paid for the Wall property, stating it is not free, and asked if the Town will indemnify the property.
Mayor Coler said the agreement with the County is a limited agreement and it is for free. There will be more work the Town will need to do and as part of the maintenance agreement with the Marin Open Space Trust, MOST will provide $500,000 for restoration work. Continual Town work will need to be done and it will not be free over time.
Councilmember Cutrano further clarified that Marin Open Space Trust will cover the $500,000 costs. Work associated the maintenance agreement will be provided by the County at no cost to the Town.
M/S, Cutrano/Ackerman, Motion to approve a maintenance agreement between the Town of Fairfax and the Marin County Open Space District (MCOSD) for routine trail maintenance on the Wall Property.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
Mayor Coler pointed out an error on the second item, which should state, “authorize the Mayor to execute the agreement and not the Town Manager. Town Attorney Colson clarified that the Town Manager will have the Mayor sign the agreement under her authority.
M/S, Cutrano/Blash, Motion to authorize the Town Manager to execute the agreement.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
BREAK
Mayor Coler called for a break at 8:53 p.m. and, thereafter, reconvened the meeting at 9:02 p.m.
4. Waive Second Reading and Approval of Ordinance No. 890 Ordering the Submission of a Measure Incurring Bonded Indebtedness to the Voters at the November 2024 General Municipal Election and Adoption of the Resolution Ordering an Election and Placing a Bond Measure on the November 2024 Ballot – Town Manager Heather Abrams and Town Attorney Janet Coleson
Mayor Coler announced there is a supplement for the item and the Town’s bond attorney, Jennifer Bradlee of BBK Law and Wing-See Fox, Managing Director at Urban Futures, Inc. are present.
Town Manager Heather Abrams gave the staff report and a PowerPoint presentation of the request of the Council to waive second reading and approve Ordinance No. 890 ordering the submission of a bond measure on the ballot at the November 2024 General Municipal Election and to adopt an ordinance ordering an election and placing the bond measure on the ballot. 6 August 7, 2024 Town Council Meeting Minutes
Mayor Coler clarified with the Town Manager that this is the beginning of a process of whether or not to place the measure on the ballot. If the measure passes, the financial process would begin, but they do not know exact costs because interest rates may change. Next steps would include a voter campaign, which she described.
Councilmember Ackerman also clarified that once the bond measure passes there would not be $18 million borrowed immediately but rather in one-third tranches of the total amount.
Wing-See Fox, Managing Director at Urban Futures, Inc. clarified that the estimates are based on an assumption of three issuances every couple of years of roughly the same amount, although the Town would be issuing these when the proceeds are needed based upon completion of projects. They will have a better estimate of interest costs, how much of the issuance would be for the first tranche, and what all costs are which will come before the Council for approval when the Town needs the proceeds.
Mayor Coler opened the meeting to public comments.
Michael Mackintosh asked about a specific breakdown of fees to be incurred for consultants and attorneys on this matter, and believes the fixed assessment is not being disclosed to the public but rather put into the Town’s General Fund.
Todd Greenberg spoke about transparency and of his PRA which has not been responded to regarding what the Town must pay for the bond consultant, the bond disclosure counsel, or an estimate of what it costs to place this on the ballot. He referred to page 3, Section 12.c states, “Use bond proceeds for the purposes authorized under…including the construction.” This should state “only for construction.” It also states, “The Town must post audits listed in d and e, etc.” He asked that the audit be available to the public prior to the vote being taken.
Mark Bell said there is no reason to spend $22 million plus interest for $18 million, believing that $1.27 million should already have gone to roads that has not from user fees and other agreements, and he described ways to arrive at funds to be used on roads.
Kathy Flores asked when the last oversight committee meeting was held.
Tunafish Salin echoed comments of previous speakers, voiced support of repairing roads, wanted assurance of quality control for paving projects, and thinks dirt roads are superior to roads with potholes.
Mayor Coler confirmed with the Town Manager that the assessment on Measure K bonds has been going down over time and went from $58 to $22.50 per $100,000 of assessed property value, so there was a change in what people pay in property taxes. She sits on this oversight committee and believes some members are no longer on the committee, there were very few dollars left which have expended, and no attempt to reconstitute a meeting of the committee due to inactivity of construction done in the early 2000’s.
Mayor Coler also confirmed the supplemental information with the Town Manager, and Town Manager Abrams mentioned that there are no current agreements with bond counsel or the municipal advisor at this time.
M/S, Cutrano/Ackerman, Motion to waive second reading and approve 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 7 August 7, 2024 Town Council Meeting Minutes
NOES: None
M/S, Cutrano/Blash, Motion to adopt the Resolution Ordering an Election and Placing a Bond Measure on the November 2024 Ballot, with the supplement.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
Mayor Coler referred to appointment of a two-member Council subcommittee to write the ballot argument for the measure. There was no opposition to two Town Council members writing the argument on behalf of the Council, and for the rebuttal. Councilmember Cutrano volunteered to serve on the subcommittee, and Vice Mayor Blash also volunteered to serve.
M/S, Coler/Ackerman, Motion to appoint Councilmember Cutrano and Vice Mayor Blash to be the subcommittee that would work on the ballot argument and rebuttal on behalf of the entire Council.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
Consent Calendar:
Mayor Coler asked and confirmed no Councilmembers wished to remove an item from the Consent Calendar, and commented there were supplements for Items 15 and 17.
Mayor Coler opened the meeting to public comments.
Todd Greenberg requested removal of Items 5, 6, 8 and others on the Consent Calendar and described reasons for his objection on these items relating to Town expenditures.
Mark Bell requested removal of Item 6 and asked for a court reporter to be hired.
Michael Mackintosh voiced support of a COLA to the Town staff, but he questioned why the Town excludes COLA compensation for the housing provider industry.
Kay asked Councilmembers to talk about what they learned during meetings and events.
Jody Timms, Chair of the Fairfax Climate Action Committee, thanked the Council for receipt of their Action Plan and Goals report (Item 11) for the last fiscal year, which she described, and she thanked the Council, staff, and community members for their support.
Mayor Coler and Councilmembers briefly responded to comments from speakers.
5. Receive Financial Statement and Disbursement Reports for June 2024 – Finance Director, Michael Vivrette
6. Approve minutes for the December 13, 2023, and May 1, 2024, Town Council meetings – Deputy Town Clerk, Christine Foster
7. Receive written report on Councilmembers’ assignments, committees, and activities in July 2024 – Deputy Town Clerk Christine Foster
8. Adopt Resolution Setting the Living Wage for Town Employees and Town Contract Employees pursuant to the Annual Review Requirements of Section 8.56.020 of the Town Code – Finance Director Michael Vivrette
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9. Receive Treasurer’s Quarterly Report – Town Treasurer Janet Garvin
10. Receive Recreation Department Quarterly Report – Recreation Manager Anne Mannes
11. Receive the 2023-2024 Annual Climate Action Plan Report – Climate Action Committee
12. Receive Annual Report by Marin Sanitary Service for Solid Waste Services for 2023 – Town Manager Heather Abrams
13. Adopt Resolution Amending the Memorandum of Understanding (MOU) with the Fairfax Police Officer’s Association (FPOA) for the Period of July 1, 2024, through June 30, 2027 – Town Manager Heather Abrams
14. Adopt Resolution Approving the Memorandum of Understanding (MOU) with the Service Employees International Union, Local 1021 (SEIU) for the Period of July 1, 2024, through June 30, 2026 – Town Manager Heather Abrams
15. Receive Notice of Amendments to the Resolution Establishing Wages and Benefits for Management, Confidential and Part-time Employees for the Period of July 1, 2024, through June 30, 2027 – Town Manager Heather Abrams
16. Receive Informational Report regarding Golden Gate Transit and Marin Transit Discontinuing Maintenance of Two Bus Shelters and Town Assuming Maintenance Responsibilities – Director of Public Works Loren Umbertis
17. Adopt a Resolution Authorizing the Town Manager to Issue a Notice of Completion for the Rockridge Storm Drain Improvement Project – Public Works Director Loren Umbertis M/S, Ackerman/Cutrano, Motion to adopt the Consent Calendar, with supplements for Items 15 and 17.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
Council Reports and Comments:
Mayor Coler announced that Council Reports are included in writing in the Consent Calendar.
Future Agenda Items
Councilmember Cutrano asked to make sure the Council undertakes adoption of the Local Roads Safety Plan.
Councilmember Hellman asked for the September meeting, she and Councilmember Cutrano would like an update on Station 21 which relates to the upgrades to support staffing. Town Manager Abrams said staff can provide an update but likely no action to take.
Town Manager Report
Town Manager Abrams gave the following report:
o Recognized the Town’s Public Works crews who have been repainting crosswalks downtown.
o Spoke about coordination of County Emergency Services and the Fire and Police Department for sidewalk CPR on August 17th.
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o She reported the $1 million grant from the County and the management agreement are on the Supervisors’ agenda on August 20th.
o The Town Picnic is coming up on September 21st.
o Staff is planning a Town-wide evacuation drill for September 28th. o The next Town Council meetings will be held September 4th and October 16th.
Adjournment
The meeting was adjourned at 9:34 p.m.