1 November 6, 2024 Town Council Meeting Minutes
Fairfax Town Council Minutes
Regular Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via teleconference
Wednesday, November 6, 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
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 Meeting at 6:10 p.m. to Conduct Interviews and Consider Appointments In-person at the Fairfax Women’s Club
1. Conduct Interviews and Consider Appointments to the Open Space Committee – Deputy Town Clerk Christine Foster
M/S, Cutrano/Blash, Motion to appoint Marc Lubomirski to the Open Space Committee.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
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, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
Mayor Coler read the Land Acknowledgement Statement and delivered a brief statement regarding the Town’s position, meeting protocols, and protocols on hate speech.
Regular Agenda:
1. Pursuant to Town Code Section 2.08.090 a Residents’ Petition was Received Regarding Marin Alliance Medical Marijuana Business Location – Petitioner: Lynnette Shaw — Deputy Town Clerk Christine Foster
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Lynette Shaw, Owner, Marin Alliance Medical Marijuana Dispensary, read a letter into the record from Larry Bragman regarding challenges with extending their lease and proposed draft amendments to the ordinance.
Dr. Nyland spoke about his role treating people with chronic debilitating conditions, the dispensary’s importance, and its history.
Lauren Mendelson, attorney, Omar Figueroa, representing Ms. Shaw, spoke in support of the dispensary, its medical service to the community, and asked for minor amendments to the code.
Thomas Boyd spoke in support of the Alliance and its customers, the sales tax base it provides for the Town, and asked the Council to support proposed amendments.
Councilmember questions with Ms. Mendelson and comments ensued regarding notice received by the Alliance and the number of tenants and businesses that have vacated the property, the two prospective sites identified, the need to amend zoning at a new location to reduce the buffer from 600 to 250 feet, non-transferability of the State cannabis license to a new location, the CUP process and consideration for a CUP amendment, confirmation that CUPs run with the land, and the competitive process that would be undertaken with other dispensaries.
Larry Bragman noted this is the only retail license that does not have both medical and recreational in the State, said Ms. Shaw’s permit pre-dates all of the regulations in the industry, and he asked for help to find a path forward so they can continue the business.
Mayor Coler referred to medical cannabis and its need for patients and asked if the Alliance would not only request the medical use but also the recreational delivery to be transferred to the new location. Ms. Mendelson said yes; and, ultimately, that there be one permit for adult use, medical, walk-in and delivery, similar to how other businesses operate across the state.
City Attorney Colson read the letter from the law firm DeMartini Walker regarding the 30-Day Notice to Terminate Commercial Tenancy dated July 24, 2024 wherein they were offered additional time. In a letter from Mr. Bragman, he indicates he has measured the address in question and it is 275 feet from the tutoring center and 297 feet from Caterpillar’s Day Care.
Ms. Mendelson noted it is no fault of the Alliance in moving given it is being forced to move. She asked this not be deemed a cessation in operation so as not to trigger any competitive clause.
Mayor Coler opened the meeting to public comment.
The following speakers voiced support of allowing the Alliance to move to another property, keeping the business in operation, support of Mr. Bragman’s comment, the need for medicinal marijuana and options for patients, the original approval of the Alliance, asked for Town Council support and finding a way to move forward, , the new property which is in bankruptcy, lack of recreational storefronts in the County, and statistics and increases in opioid misuse by older adults:
• Michael Mackintosh, Todd Greenberg, Greg Hall, Frank Egger, Deborah London, Pamela Meigs, Mallory Geitheim, Sierra Salin, Larry Bragman, Kay, Kelsey Fernandez, and Kristin Amlie.
Councilmember Hellman spoke about retail delivery by the Alliance, requirement for a new CUP in a new location, confirmation that cannabis permits are not transferable to another location, proposed changes to Chapter 5.56 (cannabis business permit) and Chapter 17.1.10 (zoning code for CUP as reviewed by the Planning Commission for recommendation to the Council). 3 November 6, 2024 Town Council Meeting Minutes
Mayor Coler said the current location has a CUP for medical marijuana and there are two licenses, as well as recreational delivery. She confirmed the applicant/business owner would need to go through the CUP process because this use is not allowed by right.
Councilmember Cutrano said from a timing perspective if there is concurrent CUP processing, he asked and confirmed it would take 4 to 5 months for necessary code and permitting changes for the request, as well as 30 days after approval of the second reading of the ordinance.
Ms. Mendelson confirmed they need a specific address where the license will be before they can submit the application for the State license. She said there are many places in Chapter 5 and 17 where the existing medical marijuana dispensary is being referred to, and she asked for creativity in finding a solution, given this is a legacy business that did not have to follow the same procedures as others. She also cited Constitutional implications and a potential takings issue.
Councilmember discussion ensued. Town Attorney Coleson provided an historical account, noting that when Chapter 5.56 and 17.110 were drafted it was deliberate to exempt Marin Alliance at that location where they had been operating for a number of years. There was also an exemption for them to have adult use delivery only, given there were no problems with their operations. It was contemplated that should they ever leave that location any new location would have to be vetted whereas that one had not necessarily been vetted.
Councilmembers then referred to other businesses applying, and Ms. Coleson clarified this would only occur if the Council opens the application period pursuant to the way the code is written now, and staff has received no inquiries about opening up the application process.
Vice Mayor Blash said she would like to see this business stay in Fairfax because it has historic significance and community support; however, she voiced support for public input.
Town Attorney Coleson summarized that she is hearing that the Council would like staff to take what was submitted and provide a report back on what it would mean if the code is changed, how it would impact potential other businesses, provide public notice to receive input, and review of the overall process as a whole.
Mayor Coler said she would like to request the Town Attorney to bring forward information to the Council, include pros and cons, and move forward with the medical storefront cannabis dispensary but not recreational delivery.
ACTION: Mayor Coler confirmed there was Council consensus to direct the Town Attorney to return and indicate whether the recreational delivery piece is a pro or con; to look more carefully if a CUP is really required at the proposed new location; return with more information about Chapter 17 going to the Planning Commission and then Chapter 17 and 5.56 to return to the Council; to request Ms. Mendelson or Mr. Bragman to supply the specific address to staff; check to see if something is needed for the proposed property owner from the Town to operate in the new location; obtain and identify proposed security measures from the applicant for the Council and staff; and, to clarify an estimated timeline as previously described.
BREAK
Mayor Coler called for a brief recess at 8:18 p.m. and, thereafter, she reconvened the regular meeting at 8:28 p.m.
2. Discuss Solutions for Addressing Homelessness in Fairfax — Town Manager Heather Abrams and Town Attorney Janet Coleson
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Town Manager Abrams provided an overview of the item, stating the Council Subcommittee report will be given. The Council will also discuss the police press logs included in the packet which the Town Attorney will address. In terms of next steps, staff recommends the Council hold a discussion, ask questions, receive public comments, and the Council can decide whether to direct staff to return with an anti-camping ordinance and discuss budget and other resources needed.
Vice Mayor Blash gave a comprehensive PowerPoint presentation on the history and demographics for Fairfax, stating Councilmember Cutrano and Hellman and she took part in the “Homeless Point In Time Count” in January where there were approximately 17 homeless identified in town. Most do not live in the encampment. The encampment was formed since 2021 when it was about two people behind the Public Works building. It moved nearer to the ballfield after a fire, and this encampment has fluctuated to between 4 and 5 people to as many as 6, plus visitors at times. It goes up and down at times, and the County is keeping track of who is there weekly.
There has been greater visibility about the encampment and homelessness generally due to its location as a more public place with a lot more discomfort and potential for conflict. They formed an ad-hoc subcommittee in October 2023 to review the encampment, prevention of homelessness, and access to services. Frequent meetings were held with Police, Public Works, Town Manager, and Town Attorney to assess if there is a public health risk, as well as continuation of work with the County to continue resource services for the encampment.
The County Director of Whole Person Care was present and could explain the Housing First model. Vice Mayor Blash said the Ninth Circuit Court previously took up the matter and deemed it was cruel and unusual punishment under the 8th Amendment of the U.S. Constitution to forbid people to camp on public land if they had nowhere else to go.
Vice Mayor Blash noted concerns about how to balance the rights of a vulnerable minority with concerns of a larger group of local residents who feel there is a real safety issue here, how to avoid excess costs or liability for the community and the Town using taxpayer monies, responsibility to the greater Marin, and unattended consequences.
Town Attorney Coleson said she is familiar with anti-camping ordinances.
Councilmember Hellman asked, and Town Attorney Coleson described examples of items to include in the ordinance.
Councilmember discussion then ensued regarding whether the entire Council wished to pursue an anti-camping ordinance which could be drafted, reviewed, and possibly voted upon at a meeting, a first action to not allow any more people to move into the encampment, the high cost of a sanctioned encampment option similar to that in San Rafael where people are connected with services and is geared to reduce homelessness over time down to zero, and due process rights in removal of campers’ belongings.
Mayor Coler opened the meeting to public comment.
Todd Greenberg said he was disappointed that no action was taken until a protest was done that drew attention to the problem and cited violations occurring at the encampment.
Sean Fitzgerald echoed the previous speaker’s comments, commended the Council for discussing the subject, and noted housing only works if people want housing. 5 November 6, 2024 Town Council Meeting Minutes
Isabel Landis cited substance abuse at the encampment, spoke of grandmother’s suicide and her father’s struggles as a result of substance abuse, and urged the Council to help those living in the encampment and develop an ordinance with community oversight.
Michael Mackintosh echoed a previous speaker’s comments and asked for an outcome that is both humane for homeless and one that also protects children.
Pamela Meigs thanked the Council for the statistics but asked for action and to create boundaries.
She said programs at the pavilion had to be canceled due to campers, and cited the amount of garbage and spoke of her having to deal with daily threats.
Alex Kuhns, President, West Marin Little League, said they now must play at Central Field, stressed the urgency of concerns for the safety of their players and the community, requested the Council enforce its existing laws, move the encampment away from Contratti and Peri Parks, and spoke of open drug use, disturbances, police calls, and terrified children.
Anna Barker, owner of afterschool program in Fairfax and San Anselmo serving 400 children, said she would not let her children have free range in town, thinks there are not enough activities for kids and to put children first, and thinks the park is compromised because of the homeless.
Mallory Geithheim asked the Town to fight for its residents, make camping illegal on public property, prioritize creation of an ordinance, and address the homeless situation.
Deborah London said adults and children do not feel safe in town. She echoed previous speaker comments, and thinks the homeless are criminals and need to be removed from the Town.
Frank Egger cited Ordinance 746 of 2009 which makes it unlawful to be in the park after dark without permission from the Town Clerk. He asked the Town to enforce this code, asked to check on individuals under Megan’s Law, said the pavilion is at risk for fires, and cited liability concerns from potential landslides and creek overflows during heavy rains.
Mark Bell thinks a lot of money is being spent on this issue, said the homeless are not being nice even when treated well, and voiced concerns with the term “legally defensible” and steep legal costs.
Jill Osbourne shared her personal experiences with a homeless person at the ballpark as well as another incident involving a small boy which resulted in the police being called, has been harassed multiple times at Peri Park, and does not feel safe in town.
Lynn Yetter agreed with speaker comments, spoke to police about an incident and clarified that police do not log every single call which the Council should consider.
Kirsten Asher said residents are stakeholders and have rights. She asked for a no-camping ordinance and agreed that Ordinance 746 is not being enforced.
Kay thanked those who spoke about addiction and personal experiences, asked the Council to make a commitment for human beings as it did for the open space for the Wall property.
Sierra Salin agreed with comments of speakers, asked the Mayor to respect the public, allow them to speak, and to not shut them down.
Nancy voiced appreciation for the clarity heard this evening, speaker comments, and thinks this has been most productive. She hopes the Council can find a way to replenish the land they are on, especially the tree which now has nails put into it. 6 November 6, 2024 Town Council Meeting Minutes
Cindy Ross agreed with all comments, thinks talking about lawsuits and the issues are a tremendous waste of resources and asked where is money coming from to discuss this. She asked the Council to consider its residents’ safety.
Mayor Coler closed the meeting to public comment.
Mayor Coler asked for a motion for the 10:00 p.m. rule.
M/S, Cutrano/Blash, Motion to waive the 10:00 p.m. rule.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
Mayor Coler asked and confirmed that Councilmembers were supportive of considering an anticamping ordinance and voiced support of Councilmember Cutrano’s timeline described earlier of the key components. Councilmembers asked that the Town Attorney begin the process of developing a draft anti-camping ordinance and to bring it to a special meeting.
Town Attorney Coleson briefly described Chapter 12.36 regarding not being in the park after dark, which she confirmed is inadequate to enforce upon an encampment. She recommended including specific requirements for noticing in the ordinance when belongings are taken out of an encampment, to define public property, what camping means, and what camping equipment means, and thinks a minimum of 3 days should be used and then to bring a crew to clean up the encampment and take belongings. This is commonly referred to as “bagging and tagging” which she described.
Vice Mayor Blash commented that individuals at the encampment do receive services but the Town cannot legally enforce people to seek treatment for substance abuse or mental health issues.
Councilmember Ackerman asked and confirmed that the Town would be hiring an experienced and certified crew to handle removal of materials and there would be some police involvement.
Mayor Coler referred to the timeframe for the anti-camping ordinance, and Councilmember Cutrano outlined the process, proposing that the ordinance would be brought for a first reading, a second reading, and it would go into effect 30 days after that. It would include all due process provisions noted by the Town Attorney. It would be helpful to communicate with Little League to ensure the area feels safe by the end of February and also to check in with the County and service providers in the interim.
Mayor Coler suggested a special meeting on November 20th for the first reading of the ordinance and confirmed the Town Attorney will work with the subcommittee in drafting the ordinance.
Council and staff briefly discussed potential conflicts with the November 20th date but alternatively, the Town Attorney agreed to work with staff and Councilmembers for the regular meeting on December 4th.
3. Pursuant to Town Code Section 2.08.090 a Residents’ Petition was Received Regarding Code Violations – Petitioner: Sean Fitzgerald — Deputy Town Clerk Christine Foster Mayor Coler called upon the petitioner, Sean Fitzgerald for a presentation. 7 November 6, 2024 Town Council Meeting Minutes
Sean Fitgerald, Petitioner, stated the reason for the petition was to move the Council towards adopting a no-camping ordinance and it was submitted before the Council decided to hold this conversation. Therefore, much of his discussion would be rendered moot, and he implored the Council to create the ordinance and to consider creating a citizens’ oversight committee in restoring residents’ trust over the last 3 years.
Mr. Fitzgerald then gave a presentation on responsibility and enforcement of ordinances in Peri and Contratti Parks and referred to safety, issues of smoking, nighttime and overnight use of parks (Chapter 12.36.02), littering and waste disposal (Chapter 8.12.02 and 8.12.08), protection of trees and vegetation (Chapter 12.44.01), nuisance declared (Chapter 8.24.01), smoking and vaping prohibition (posted signs in parks), and presented photographs.
Mayor Coler asked for responses from the Town Attorney and/or Town Manager.
Town Attorney Coleson said she has spoken about Chapter 12.36 which is not something she would recommend the Town use for trying to remove an encampment because it is not up to date with current court cases and is lacking in standards. Nuisance provisions relate to private property and this is public property. Littering and other items brought by Mr. Fitzgerald does not get to the heart of an encampment, and the Town must address this in an anti-camping ordinance.
Mayor Coler said the Council will consider such an ordinance and Vice Mayor Blash and Councilmember Cutrano will meet and work as well on the matter. The perception that nothing has been done is incorrect and she cautioned people from visiting the encampment and hoped the Town could work on this over the next few weeks.
Mayor Coler opened the meeting to public comment.
The following individuals provided encampment comments regarding legal costs, liability, safety, arresting homeless individuals with drug addiction and mental issues and providing them with treatment, need for education of County services, removal of and storage of property, the Grants Pass decision, helping those in need, money stolen from a camper, resident rights, enforcement of signs and the current code, number of tents, San Rafael’s CARE team, support for an anticamping ordinance, defecation in the park, protection of the Bay Laurel tree, and making exceptions for people who violate the law.
• Jennifer, two unidentified speakers, P.J. Feffer, Mallory Geitheim, Todd Greenberg, Deborah London, Mark Bell, Mark from Canyon Village, Nicole, Deborah Benson, and Cindy Ross.
Vice Mayor Blash briefly described police enforcement, the original federal court ruling restricting the Town, San Rafel’s program and funding, and bathroom use by campers.
BREAK
The Council took a brief break at 11:07 p.m., and thereafter reconvened the regular meeting.
Sean Fitzgerald provided additional comments about his experiences visiting the camp.
Vice Mayor Blash said she spoke with social work teams and there is real concern about confusion and stress some campers experience when they are approached by multiple people offering things, and noted there is a process for professional people engaging with them. 8 November 6, 2024 Town Council Meeting Minutes
Councilmember Cutrano summarized that they have had press about this matter, said there are limitations of what the Town can do, and those previous campers were not housing-resistant.
Over time with trust building and resources, help has been given to campers and some have been housed and some are just not ready.
Mayor Coler thanked Vice Mayor Blash and Councilmember Cutrano for their work, and stated they will determine if November 20th is possible and hopefully this will work for Councilmembers and staff.
Public Hearing
4. Introduce and Read by Title Only an Ordinance to Amend Zoning Regulations Related to Short-term Rentals Updating the Following Chapters within Title 17 (Zoning) of the Fairfax Municipal Code: 17.008 (ʹDefinitionsʹ), 17.052 (ʹOff-Street Parking and Loading Requirementsʹ), 17.084 (‘RD-5.5-7 Residential Zone, High Density’), 17.088 (‘RM MultipleFamily Residential’), 17.092 (‘CL Limited Commercial Zone’), 17.096 (‘CH Highway Commercial Zone’), and 17.100 (‘CC Central Commercial Zone’) and Consider Corresponding Updates to the Short Term Rental Policy.
CEQA: Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to Categorical Exemption Number 15301, Existing Facilities - Planning and Building Service Director Jeff Beiswenger Mayor Coler stated it was 11:15 p.m. and continued the public hearing item, given lengthy discussions, and she thanked those for staying so late.
M/S, Cutrano/Hellman, Motion to continue the Public Hearing.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
Open Time for Public Expression:
Mayor Coler reminded everyone of meeting protocols, hate speech, and asked for civility.
Michael Mackintosh read a statement regarding when a taking can occur through inverse condemnation relating to School Street Plaza, and thanked Councilmembers Ackerman and Cutrano for their time on the Council.
Wendy spoke regarding her work with rental protection laws, cited a lack of care of renters during the campaign, asked everyone to include renters at the table during any process, and to recognize the housing crisis.
Mark Bell asked the Council to look at getting out of Flood Zone 9, given lack of funding.
Todd Greenberg asked why Open Time is being held so late, said the election results will be known later this week and thinks the Council has seen how the majority of people feel and voted.
P.J. Feffer thanked Wendy for her comments, spoke about not for cause eviction of tenants and businesses at School Street Plaza.
Kay said she hopes people take accountability for what happened in this election relating to Measure I, asked to stop and end the divisiveness by listening to what people are saying, thinks the Council is responsible for no rental protections for all of Marin, have their hearts in the right place but need to meet in the middle.
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Michael Sexton agreed with previous comments, thanked all those who advocated earnestly for their side of the recent Measures in Fairfax, and cited one of the greatest benefits as the increase in civic and political engagement from all residents.
Mayor Coler asked if there is a motion to waive the 11:30 p.m. rule.
M/S, Cutrano/Ackerman, Motion to waive the 11:30 p.m. rule.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
Consent Calendar:
Mayor Coler announced there is a supplement for Item 11. For Item 12, she asked to be able to vote separately on that item and not pull it. She asked and confirmed no Councilmembers wished to remove an item from the Consent Calendar.
Mayor Coler provided an explanation for her reason for voting separately on Item 12 relating to Marin Wildfire Prevention Authority (MWPA) Joint Powers Agreement (JPA) and indemnification and insurance under Section 14 and said she will vote “no.” Councilmember Ackerman referred to Item 10 and gave a shout out to Sheryl Shakeshaft, Climate Action Committee member, on her reappointment. Regarding Item 14, he recognized those who worked on the Marin Electrification Roadmap.
Mayor Coler announced that MCE has met their goal of providing 100% renewable and carbon-free electricity to its customers by 2045, and she gave a shout out to Anne Mannes and Maria Baird for their work in the Recreation Department.
Councilmember Cutrano gave a shout out to the Public Works Director for Item 18 and was happy to see bids come in on track for the project. Regarding Item 22, he asked for attendance at the Avenue of the Flags event for Veterans Day.
Vice Mayor Blash asked for a correction to Item 23 to state, “Adopt a Proclamation recognizing Native American Heritage Month.”
Mayor Coler opened the meeting to public comment.
Todd Greenberg asked to pull Items 5, 9, 13, 14, 16, 18, and 20, and explained his reasons.
Michael Mackintosh complained about the number of items on the Consent Calendar totaling 200 pages and agreed with Mayor Coler about Item 12 relating to MWPA.
Councilmember Hellman left the meeting at 11:26 p.m.
Frank Egger said he did not remember Item 18 coming to the Council for approval, asked if parking will be impacted, and questioned if diversion of stormwater will go into the Park.
Mark Bell questioned Item 20 and the cost of banners, asked to have the sidewalks power-washed instead, commented on Item 14, and asked to get the CPUC to remove the true-up charges for those putting in solar.
Deborah Benson referred to Item 5 and asked that credit card charges be itemized and asked what the charges were for. She also agreed with previous comments. 10 November 6, 2024 Town Council Meeting Minutes
Mayor Coler closed the meeting to public comment. She asked to treat Item 12 as a separate vote, confirmed that Item 21 should state “2015” instead of “2025,” and reminded Councilmembers there is a Supplement for Item 11.
5. Receive Financial Statement and Disbursement Reports for July 2024 – Finance Director, Michael Vivrette
6. Approve minutes for the June 6, 2024 Town Council meetings – Deputy Town Clerk, Christine Foster
7. Receive written report on Councilmembers’ assignments, committees, and activities in October 2024 – Deputy Town Clerk Christine Foster
8. Receive Quarterly Treasurer’s Report — Town Treasurer Janet Garvin
9. Receive Quarterly Recreation Report — Recreation Services Manager Anne Mannes
10. Reappoint Sheryl Shakeshaft to the Climate Action Committee – Deputy Town Clerk Christine Foster
11. Adopt a Resolution and Repeal Resolution 24-63 for the Purpose of Changing the January Meeting Date and Re-Establishing the Regular Council Meeting Dates for the Months of January, July, and October in 2025 and Confirm the 2025 Regular Meeting Calendar – Deputy Town Clerk Christine Foster
12. Approve Proposed Revisions to the Marin Wildfire Prevention Authority (MWPA) Joint Powers Agreement (JPA) — Heather Abrams Town Manager
13. Adopt a Resolution Authorizing the Town Manager to Accept a $65,000 LEAP Grant and Amend and Pay for an Agreement with Dyett & Bhatia to Complete General Plan Updates — Planning & Building Services Director Jeff Beiswenger
14. Adopt a Resolution Adopting Marin’s Countywide Electrification Roadmap, a Plan to Transition Marin’s Buildings from Gas to All-Electric – Building Official Mark Lockaby and Climate Action Coordinator Bridget Wipfler
15. Authorize the Town Manager to Pay Fairfax’s Contribution of $27,642.44 to the Marin Countywide Stormwater Pollution Prevention Program (MCSTOPPP) Baseline Program for Fiscal Year 2024-2025 — Town Manager Heather Abrams
16. Biennial review of the Conflict of Interest Code and Adoption of a Resolution Confirming Biennial Review with no Amendments to the Conflict of Interest Code Adopted Pursuant to Resolution 18-03 – Deputy Town Clerk Christine Foster
17. Adopt a Resolution Authorizing the Town Manager to Execute and Pay for a Change Order for the 103 Rocca Project for Additional Mobilization Costs in the Amount of $32,155 — Public Works Director Loren Umbertis
18. Authorize Town Manager to Execute and Pay for a Contract with CEAU dba Castillon Company for the Storm Drainage and Repaving Project on Park Road in an Amount Not to Exceed $1,939,558.00; and Approve Appropriating American Rescue Plan Act (ARPA) Funds for the Project — Public Works Director Loren Umbertis 11 November 6, 2024 Town Council Meeting Minutes
19. Adopt a Resolution Authorizing the Temporary Closure of Bolinas Road between Elsie Lane and Broadway for a Chamber of Commerce Winter Market Event on December 7, 2024, from 4:00 p.m. to 9:00 p.m., with a rescheduled date of December 14, 2024, if needed due to rain, and approve sponsorship of the closure — Town Manager Heather Abrams
20. Adopt a Resolution Authorizing the Display of Chamber of Commerce Banners on Downtown Light Posts; Authorize the Town Manager to Pay for Banner Placement and Manage Display Conflicts — Town Manager Heather Abrams
21. Adopt a Resolution Setting a New Meeting Date and Time for the Climate Action Committee — Climate Action Coordinator Bridget Wipfler
22. Adopt a Proclamation Recognizing Veterans’ Day — Councilmember Cutrano
23. Adopt a Proclamation Recognizing Native American Heritage Month — Vice Mayor Blash M/S, Cutrano/Blash, Motion to adopt the Consent Calendar, minus Item 12, and with the Supplement on Item 11, amendment to Item 23 to add “Native”, and amendment to Item 21 to change “2025” to “2015.”
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
ABSENT: Hellman
M/S, Blash/Ackerman, Motion to adopt Consent Calendar Item 12.
AYES: None
NOES: Ackerman, Vice Mayor Blash, Mayor Coler
ABSTAIN: Cutrano
ABSENT: Hellman
Council Reports and Comments:
Mayor Coler announced that Council Reports are included in writing in the Consent Calendar.
Future Agenda Items
No Items.
Town Manager Report
Town Manager Abrams reported the following:
• Staff highlighted the Marin Countywide Veterans Day event on Monday on the Town’s website;
• She anticipates items for the December 4th meeting to include MSS rates, election certification and swearing-in, noting the County has until December 5th and the hope is for completion of their work early. Otherwise, a special meeting will be scheduled in December;
• There will be a potential first reading or second reading of an anti-camping ordinance, public hearing/first reading of a short-term rental item unless it is scheduled for a special meeting; and
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• There will be a celebration for 10 years of the Climate Action Committee (CAC) She lastly thanked the Police Department for their assistance of the protest in Fairfax and reported receiving compliments from the Town of Ross from police assisting with their protest over the weekend.
Adjournment
The meeting was adjourned at 12:02 a.m. In memory of Diane Causey and Phil Lesh.