1 October 16, 2024 Town Council Meeting Minutes
Fairfax Town Council Minutes
Regular Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via teleconference
Wednesday, October 16, 2024
Call to Order/Roll Call:
Mayor Coler called the Regular Meeting to order at 6:30 p.m.
COUNCILMEMBERS PRESENT: Bruce Ackerman
Lisel Blash, Vice Mayor
Barbara Coler, Mayor
Chance Cutrano (arrived at 6:35 p.m.)
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
Police Chief Rico Tabaranza
Recreation Services Manager Anne Mannes
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.
Pledge of Allegiance: Mayor Coler led in the Pledge of Allegiance.
Approval of Agenda:
M/S, Blash/Hellman, Motion to approve the agenda.
AYES: Ackerman, Hellman, Vice Mayor Blash, Mayor Coler
NOES: None
ABSENT: Cutrano
Mayor Coler read the Land Acknowledgement Statement and delivered a brief statement regarding the Town’s position, meeting protocols, and protocols on hate speech.
Presentations
• Acknowledgment of Felix Shuldiner as Honorary Mayor for a Day – Mayor Coler announced that Fairfax 12th grader Felix Shuldiner is Honorary Mayor for the Day who is sitting to her left. Mayor Coler described Mr. Shuldiner’s background, presented him with a gavel to run the meeting, and also read a proclamation recognizing his service as the Town’s first Mayor for the Day on October 16, 2024.
• Police Department Presentations – Police Chief Rico Tabaranza o Oath of Office Officer Oscar Fernandez
o Oath of Office for Cadet Christopher Hubbell
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Police Chief Rico Tabaranza introduced and provided a background on Officer Fernandez and Cadet Hubbell and recognized their family members present. Deputy Town Clerk Foster then administered the Swearing-In and Oath of Office to each officer. Officer Fernandez and Cadet Hubbell were then pinned by family members, and a round of applause followed. • Age Friendly Fairfax 10th Anniversary Celebration–Recreation Services Manager Anne Mannes and Mayor Coler
o Councilmember Memo, Proclamation Recognizing Age Friendly 10th Anniversary, and Age Friendly Scorecard
Mayor for the Day Felix Shuldiner read the Proclamation into the record. o Proclamation Recognizing Ageism Awareness
Mayor for the Day Felix Shuldiner read the Proclamation into the record. o Video Presentation
Recreation Services Manager Anne Mannes spoke about her service as staff liaison to Age Friendly Fairfax, acknowledged current members and recognized Stephanie Mohan and David Driver who created the video presentation. She then introduced and recognized Josaphine Buennagel, Chair; Jody Timms, Jacqueline Engstrom, Susan Brandborg, Iris Wasco, Karen Arnold, Mayor Coler, and various invited stakeholders that participate in their program, residents and coordinators of the Bennett House and Victory Village, the Fairfax Library, Ross Valley Seniors, and several others.
Chair Buennagel then provided an overview of Age Friendly Fairfax members, programs, accomplishments, and gave the video presentation. She asked everyone to visit them on-line at Townoffairfax.org or search Age Friendly Fairfax to learn more. • Adopt a Proclamation Recognizing the Fairfax Open Space Committee 20th Anniversary Celebration
Councilmember Cutrano read the Proclamation into the record recognizing the Fairfax Open Space Committee 20th Anniversary Celebration and presented it to Chair Susan Pascal Beran. • Adopt a Proclamation Recognizing the Citizen of the Year Award Mayor Coler recognized Sandra Adler Killen as 2024 Citizen of the Year and said she was again deployed to Gaza for five weeks and is not present tonight. The Council will return in December to present her with a framed Proclamation, and she and Vice Mayor Blash read the Proclamation into the record.
Erin said she is accepting the award on behalf Sandra Adler Killen and on behalf of all the innocent Palestinian people that have been suffering, killed, and injured since the Hamas attack October 7th, especially mothers and children affected by this conflict, and on behalf of the doctors and nurses working every day for the Palestinian people. This honor is an honor for them and hoped for peace and an immediate ceasefire.
Mayor Coler opened the meeting to public comment.
Jodie Timms recognized everyone that Age Friendly Fairfax has impacted and received support from, voiced appreciation of the community and staff over the years, particularly Ann Mannes, and ended with their logo – “Aging in Fairfax-Everybody is Doing it.” 3 October 16, 2024 Town Council Meeting Minutes
Todd Greenberg congratulated Mayor for the Day Shuldiner and to the new officer and cadet, and everyone who received an award/proclamation. He then spoke about selective enforcement of the Town’s decorum policy on clapping.
Mayor for the Day Shuldiner agreed for people being able to clap for all items on tonight’s agenda.
Michael Mackintosh voiced support of Mr. Greenberg’s comments, thanked the Town for recognizing its seniors and recognized difficulties in aging, and spoke against Ordinance 870 and 871.
Larry Bragman commended the Mayor for honoring and recognizing Sandra Adler Killen for her courage under dire circumstances and bearing witness to the conflict, and cited policies he objects to.
A speaker said she supports Mr. Greenberg and Mr. Mackintosh’s comments.
Kristin Amlie, Fairfax Representative for the Marin County Commission on Aging, acknowledged Ageism Awareness Day on October 9th and the great work of Age Friendly Fairfax over the past 10 years. She provided statistics of those age 60 and over and described stereotypes, prejudice, and discrimination.
Open Time for Public Expression:
Ryder shared a recent encounter with unhoused individuals, police were called, and hoped the homeless could be moved away from their baseball field.
Vincent said he has played at Peri Park his whole life, does not feel safe there, and asked the Town to help the homeless find another place to live.
Kip Shaw said his son is a friend of Ryder’s, said he was homeless for a while but got out of it, and asked for their children not to be harassed by the homeless.
Sean Fitzgerald cited the Council’s negligence in addressing the mentally ill, fentanyl and methamphetamine users in Peri Park, spoke about Jason Saras of Novato.
Lynnette Shaw, Marin Alliance for Medical Marijuana, described their vital operation as the oldest legal medical dispensary in the U.S. which will be shut down due to their landlord’s decision to evict all tenants by January 1, 2025 and to relocate due to the development of School Street Plaza.
Dr. Christopher Nyland said he works with patients, described those facing serious life-limiting illness, and supports the request for CBC Marin Alliance to be given accommodation to find a new location.
Deborah Suprigg, CBC Marin Alliance, said Ms. Shaw is prepared to move but is unable to reopen timely and secure funding without the Town’s help and cooperation. She asked to be able to work with the Council to consider minor technical adjustments to their permit.
Michael Mackintosh asked the Council to agendize the Peri Park matter and the request is to find a home for the homeless that is not where children recreate.
Frank Egger read the FMC’s Section 12.36.020 and questioned enforcement of laws. 4 October 16, 2024 Town Council Meeting Minutes
Jody Timms spoke about ageism awareness, said humanity is accelerating the planet’s demise, and provided flyers on three climate change events.
Deborah Benson voiced support of any assistance for Marin Alliance to more easily relocate, voiced concern about the homeless housing themselves in the park next to the kid’s ballfield, asked why they are being allowed to camp, etc.
Lynn Yetter voiced opposition to people buying plastic glasses and asked the Council to address ecological conservation for the Town.
Deborah London said residents are being ignored regarding concerns about the homeless situation and spoke about homeless people accessing the roastery who are now banned, and asked that Council incumbents be voted out.
Sarah Godwin, Manor Hill, suggested a solution to house the homeless over the winter months at the little cabins at the two Girl Scout camps at the base of White’s Hill, as well as the 97 decommissioned military bases in the Bay Area.
Nora Elder and Yella Sullivan, freshman at Archie Williams High School, asked the Council to invest in buildings, upgrade ventilation, heating and cooling systems in order for students and teachers to be able to focus on learning and said they also need space to change for sport games and store equipment.
Todd Greenberg thinks the Council has poor decision-making skills, overspends, and referred to a deficit.
A speaker described notifying the Council of the homeless years ago, described incidents which have affected their son, daughter, and many others, said the homeless do not want help, and asked the Council to do something about the situation.
BREAK
Mayor for the Day Shuldiner called for a 5-minute break, and thereafter, reconvened the regular meeting.
Regular Agenda:
1. Adopt Resolution Amending Annual Salary Schedule for Fiscal Year 2024-25 to Reflect Salary Range Adjustments Effective July 1, 2024 for all Positions, and Showing New Base Salaries Changed by Labor Agreements – Town Manager Heather Abrams, Finance Director Michael Vivrette
Town Manager Heather Abrams gave the staff report and overview of the request for the Council to adopt a resolution amending the annual salary schedule for FY 2024-25 to reflect salary range adjustments effective July 1, 2024 for all positions, and showing new base salaries changed by labor agreements.
Councilmembers asked and confirmed Mark Lockaby is the Building Official and is handling Building Official duties as well as inspections, code enforcement, and other related work, and that every public agency has a salary schedule which is required by CalPERS.
Mayor for the Day Shuldiner opened the meeting to public comment.
Michael Mackintosh questioned how the public is able to determine if an unfilled position’s funding is spent elsewhere and spoke highly of the Building Official. 5 October 16, 2024 Town Council Meeting Minutes
Todd Greenberg cited unfair COLAs for labor groups, inflation, and thinks people should be able to increase their rents without paying a $1,000 fee and conducting an audit.
Mark Bell voiced concerns with COLAs, inflation, said he is opposed to the full-time Climate Action Coordinator’s salary and benefits.
Rick Hamer agreed with a previous speaker’s statements regarding the Building Official and asked to include the Housing Specialist pay grade in the report.
Mayor for the Day Shuldiner closed public comment and called for Council deliberation.
Councilmembers clarified that the Town split the Climate Action Coordinator 50/50 with the Town of San Anselmo, that the positions that state “planned to be unfilled” are not budgeted but state their salary range, emphasized the requirement to adopt the salary schedule, described succession planning, and clarified that the Housing Specialist is a title and can be filled by an Assistant or Associate Planner.
M/S, Cutrano/Blash, Motion to adopt Resolution Amending Annual Salary Schedule for Fiscal Year 2024-25 to Reflect Salary Range Adjustments Effective July 1, 2024 for all Positions, and Showing New Base Salaries Changed by Labor Agreements, with the minor correction to the date of the schedule to read as “10/24/24.”
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
2. Discussion on Naming Options for the 100-Acre Open Space Property (Commonly Known as the Wall Property) – Town Manager Heather Abrams
Town Manager Abrams gave the staff report and a PowerPoint presentation regarding naming options for the 100-acre open space property known as the Wall Property.
Vice Mayor Blash asked about the possibility for additional benches, and Town Manager referred to the memorial bench donation program as a way to add benches, and Mayor Coler emphasized that the site should be very natural, but thought one or two benches could be added as well as interpretive signage.
Mayor for the Day Shuldiner opened the meeting to the public.
Michael Mackintosh voiced support for benches, as well as consideration for recognition of appropriate individuals on the benches.
Rick Hamer supported installation of benches and recognition of donors, and recommended investigating the property’s original indigenous name and recommended contacting the Coast Miwok and Graton tribal representatives.
Todd Greenberg recommended the Town reach out to every donor and obtain their input regarding naming the property, recommended preparing a survey, and advertising on social media.
Lynn Yetter felt people did not donate towards the property so they would have the property named after them. She suggested a sign, a lock chained fence so people would not enter after hours, and a notice to restrict camping, biking, and parties on the property. 6 October 16, 2024 Town Council Meeting Minutes
Brenna said she thinks it is a rush to try and name the property right now, agrees with Rick Hamer’s comments, and recommended enforcement of the huge parties and garbage left on the property.
Deborah Benson echoed Lynn Yetter’s comments, agreed with the need for research, spoke about enforcement during and after hours of operation, and asked to continue the item.
Mayor Coler clarified that the police responded to the party, noted in closing the funding gap by Diana Wall and her siblings, they asked for consideration for Doris and C. Allen Wall as a name, and Mayor Coler said the Council is agendizing the item to hear potential options for naming the property and no decisions would be made tonight. A survey would be done by Town staff and said money was raised by the Marin Open Space Trust, with the Town contributing $100,000 from its Measure A money.
Councilmember discussion ensued and Councilmembers voiced support for a community on-line survey, public outreach, support for contacting the Federated Indians of Graton Rancheria and other Coastal Miwok groups, a suggestion was made for the matter to go to the Town’s Open Space Committee, supported installation of a sign with rules of what is and is not allowed on the property and vegetation management, benches, interpretive signs and naming trails.
Town Manager Abrams confirmed direction and consensus from the Council on next steps.
3. Adopt a Resolution Authorizing the Town Manager to Enter into an Agreement with Infilla for an On-line Permitting System; Accept a Grant in the Amount of $25,000 from the Partnership for the Bay’s Future; And Authorize the Town Manager to Pay for Contracted Services with Infilla – Planning and Building Services Director Jeff Beiswenger Planning and Building Services Director Jeff Beiswenger gave the staff report, background, and an overview of the request to authorize the Town Manager to enter into an agreement with Infilla for an on-line permitting system, accept a grant in the amount of $25,000 from the partnership for the Bay’s Future, and authorize the Town Manager to pay for contracted services with Infilla.
Jenny Song from Infilla is available to answer questions.
Mayor Coler and Councilmembers questioned and received feedback on costs, transition and improvements with the records retention policy, staged roll-out, ease of useability, messaging capabilities, abilities to pay on-line, transparency, the web-based option for residents to apply online and see the status of their planning project and building permits, and confirmed staff would input information from what occurred at the Planning Commission meetings and update the information on the platform.
The software would create efficiencies for staff and the community. Councilmembers questioned Infilla as a start-up company and asked about their current customer base, questioned transparency for projects moving through the process, cited other jurisdictions with permit tracking systems, and Infilla described their customer service standards, retrieval of data if ever needed, and Mayor Coler had requested to have an escrow agreement for the software code. Infilla disagreed stating that the software is static and would not be kept updated in escrow. They instead discussed allowing time to transfer data if needed in the event of termination, if terminated, allow for 60 versus 30 days of transition for reformatting data.
Mayor for the Day Shuldiner opened the meeting to public comment.
Rick Hamer voiced concerns with the price point, contract, and asked for a demonstration of the software.
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Michael Mackintosh asked for an export clause, suggested an Excel format or something else uniformly acceptable to be able to migrate data to other places.
Frank Egger voiced concerns with the $150,000 over 5-years contract and transparency, the newness of the company, provisions for termination in the contract, cyber-security, and voiced opposition.
Todd Greenberg questioned due diligence, asked not to rush into a 5-year contract, voiced concerns over travel related expenses in the contract, potential rental registration, and possible failure of the company.
Mark Bell echoed comments of speakers, spoke about other services where data could not be transferred, asked that Infilla provide data that can move onto other platforms, and questioned how secure the data is.
Jody Timms voiced support of on-line permitting, streamlining benefits, asked to look towards evaluation and implementation of permit discount programs for low-income applicants.
Lynn Yetter voiced concern over security breaches, cyber liability the Town and Infilla would hold, and thinks the Town should understand all of these risks before entering into the agreement.
Kay questioned the need for the software, given Fairfax’s size, questioned construction trends, and asked not to rush approval of the agreement.
Mayor for the Day Shuldiner closed public comment and turned to Council deliberation.
Vice Mayor Blash referred to timing and asked and confirmed that the Council can take more time but the grant may be affected if approval is delayed, confirmed the request is budgeted for under Fund 01-311821 which is Outside Services, questioned cost and timing of getting old records input into the system, supported confirming security confidence, and voiced support of a demonstration.
Councilmember Cutrano asked and confirmed that the grant is specific to Infilla and questioned if there are other modules or services Infilla could provide. Mr. Beiswenger stated Infilla may have a module for business licenses and the like, but other larger companies with more modules such as Open Gov are much more expensive. Also, both companies have strengths with web interface, transparency, ease of navigating the system, and both are forward-looking. Open Gov is a lot bigger; Infilla provides the Town with a lot of personalized or “white-glove treatment” to help get the operating system set up and it is less expensive.
Mayor Coler asked for a motion for the 10:00 p.m. rule.
M/S, Cutrano/Ackerman, Motion to waive the 10:00 p.m. rule.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
Mayor Coler spoke about her experience with a very secure on-line system where there was reluctance by staff to change. In the end, everyone was happy and an incredible amount of time was saved. She suggested continuing this matter to the November 6th meeting or a later date and asked that both Open Gov and Infilla provide a demonstration on their systems.
M/S, Blash/Cutrano, Motion to continue the item to the November 6, 2024 meeting or a later date.
AYES: Cutrano, Hellman, Vice Mayor Blash, Mayor Coler
NOES: Ackerman
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4. Authorize the Town Manager to Sign a Memorandum of Understanding (MOU) with Marin Clean Energy (MCE) and pay up to $6,000 to Implement an Incentive Program for Fairfax Residents to Sign Up for MCE Deep Green (100% Renewable Energy) – Town Manager Heather Abrams and Climate Action Coordinator Bridget Wipfler Town Manager Abrams gave the staff report and PowerPoint presentation on the request to authorize the Town Manager to sign an MOU with MCE to implement an incentive program for Fairfax residents to sign up for MCE Deep Green (100% renewable energy). The Town has funds for this in the Climate and Environment Department. The Town’s Climate Action Coordinator Bridget Wipfler is available as well as Sebastian Conn from MCE.
Mayor Coler pointed out an error in the staff report, noting that Deep Green is 50% solar and 50% wind. She also clarified there is no other cost by the Town other than $6,000 for 100 new households to sign up to Deep Green.
Councilmembers questioned and received feedback from staff on examples of time it took for other jurisdictions to move to Deep Green, noted Fairfax has the highest Deep Green signups of any of the 37 MCE jurisdictions at 13.4%, that the MOU lasts up to 24 months but could be extended further, and described factors in the procurement of renewable energy.
Mayor for the Day Shuldiner opened the matter to public comments.
Todd Greenberg voiced support of MCE but had concerns about contractual issues, questioned how people know the Town’s funds are being spent on this, and asked why more money is not spent so more people can sign up for Deep Green.
Michael Mackintosh suggested a more comprehensive matrix that illustrates the differences and what is available between PG&E and MCE and questioned rate increases once the subsidy expires.
Mayor for the Day Shuldiner closed public comment and called for Council deliberation.
Councilmember discussion ensued regarding PG&E as more expensive than Light Green, comments that PG&E uses a lot of nuclear energy, the way the MCE program works as a bill credit for 12 months where customers can then stay with Deep Green or opt out, the Town subsidizing the program that typically results in more Deep Green customers, and benefits of decarbonization of the built environment. Councilmembers voiced unanimous support for approval, and Mayor Coler invited Mr. Conn from MCE to comment.
Sebastian Conn, Senior Community Development Manager, MCE, said metrics of the program will be included in the MOU and MCE would be happy to provide regular updates to the Council and Town regarding the uptick in Deep Green, which also can be found on their website.
M/S, Cutrano/Ackerman, Motion to authorize the Town Manager to Sign a Memorandum of Understanding (MOU) with Marin Clean Energy (MCE) and pay up to $6,000 to Implement an Incentive Program for Fairfax Residents to Sign Up for MCE Deep Green (100% Renewable Energy).
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
Consent Calendar:
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Mayor for the Day Shuldiner asked and confirmed no Councilmembers wished to remove an item from the Consent Calendar.
Councilmember Cutrano referred to Item 5; the Financial Statement for August, and commented that expenses exceeding revenues is cyclical for municipal budgets because of timing issues.
Town Manager Abrams confirmed and provided an explanation of the Town receives payments according to the Teeter Plan.
Mayor for the Day Shuldiner opened the meeting to public comments.
Mark Bell referred to the minutes which he believes are incomplete, and clarified his comments regarding fixing roads.
Todd Greenberg asked to pull Items 5, 6, 7, 9, and 13 for public comment. He disagreed with comments relating to Item 5, believes minutes are inaccurate under Item 6, said the cost under Item 9 is far less than other items and questioned why the Town paid so much in the past.
Michael Mackintosh asked the Town Council to engage with the public and allow removal of Consent Calendar items.
Mayor for the Day Shuldiner closed the meeting to public comment.
5. Receive Financial Statement and Disbursement Reports for August 2024 – Finance Director Michael Vivrette
6. Approve minutes for the July 17, 2024 Town Council meeting – Deputy Town Clerk Christine Foster
7. Receive written report on Councilmembers’ assignments, committees, and activities in September 2024 – Deputy Town Clerk Christine Foster
8. Receive Second Notice and Approve Amendments to the Employment Agreement with Rico Tabaranza, Police Chief, for the Period of July 1, 2024 through June 30, 2028 – Town Manager Heather Abrams
9. Adopt a Resolution Authorizing the Display of Veteran’s Day Banners during the Month of November 2024; authorize use of staff time to place flags – Town Manager Heather Abrams
10. Receive report of Town Hall closure and winter furlough days for Town Hall employees from December 25, 2024 to January 2, 2025 – Town Manager Heather Abrams
11. Authorize The Mayor to Sign a Letter Requesting That the District Attorney Address Consumer Fraud Involving Vehicles That Are Not E-bikes – Police Chief Rico Tabaranza
12. Adopt a Proclamation Recognizing October as Domestic Violence Awareness Month – Mayor Coler
13. Adopt a Proclamation Recognizing October as Pedestrian Safety Awareness Month – Mayor Coler
M/S, Cutrano/Hellman, Motion to adopt the Consent Calendar.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
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Council Reports and Comments:
Mayor Coler announced that Council Reports are included in writing in the Consent Calendar.
Future Agenda Items
Vice Mayor Blash requested the Council discuss the current and potential new ordinance related to the Peri Park encampment at the November meeting.
Discussion ensued regarding the petition to be discussed at the November meeting and the Peri Park encampment issue at the December meeting. Councilmember Cutrano said he and Vice Mayor Blash have some updates they would like to share sooner, and Mayor Coler said this could be voiced after hearing the petition. Mayor Coler asked for a vote.
Town Attorney Coleson commented that she will need direction in drafting an ordinance relating to the matter.
Mayor Coler made a motion to wait until the December Council meeting to have a substantive discussion on any ordinance relating to encampment issues on park type issues rather than the November meeting when the Council will hear homeless encampment issues. There was no second to the motion and it died.
Council discussion ensued regarding hearing the petition and the Peri Park encampment items at certain meeting dates in November and December, consideration of posting requirements, and preparation of meeting materials.
M/S, Cutrano/Blash, Motion to bring a discussion at the regular November 6th meeting and authorize Councilmember Cutrano to work with Vice Mayor Blash to coordinate with staff about the staff report to guide the discussion about options for a potential ordinance in the future.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash
NOES: Coler
Town Manager Report
Town Manager Abrams reported staff’s work on designs and borrowing funds and seeking FEMA funding for the Fire Station 21.
A Red Flag Warning will start Thursday night through Saturday evening. Information can be found on the Town’s website, and currently, the Town is not under a PSPS warning but other counties are, which may change.
Adjournment
The meeting was adjourned at 10:55 p.m. In memory of Renee Mary Burglin, David Glick, and Joe Bruce.