1 November 19, 2024 Town Council Special Meeting Minutes Fairfax Town Council Minutes
Special Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax
and via teleconference
Tuesday, November 19, 2024
Mayor Coler called the Special Meeting to order at 7:00 p.m.
Call to Order/Roll Call:
COUNCILMEMBERS PRESENT: Bruce Ackerman
Lisel Blash, Vice Mayor
Barbara Coler, Mayor
Chance Cutrano
Stephanie Hellman
STAFF MEMBERS PRESENT: Heather Abrams, Town Manager
Janet Coleson, Town Attorney
Jeff Beiswenger, Planning and Building Services
Director
Christine Foster, Deputy Town Clerk
Public Works Director Loren Umbertis
Special Meeting — 7:00 PM
Hybrid meeting at the Fairfax Women’s Club, 46 Park Road, Fairfax and via Zoom 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 Mayor Coler read the Land Acknowledgement Statement and delivered a brief statement regarding the Town’s position and protocols on hate speech.
Consent Calendar
Mayor Coler opened the meeting to public comment.
The following speakers opposed Consent Calendar Item #2, requested its removal for discussion, requested it be removed altogether, or asked the Council to continue the item to the next regular meeting:
2 November 19, 2024 Town Council Special Meeting Minutes Michael Mackintosh
Sean
Mike Ghiringhelli
Todd Greenberg
Mark Bell
Mallory Geitheim
Deborah London
Doug Kelly
Frank Egger
Lynn Yetter
Deborah Benson
Sierra Salin
Kristin Amlie
Nelson
Michael Sexton
Kristen Asher
Jane
Kay
Cindy
John
Candace Ricker
Sam Lewick
Hillary
P.J. Feffer referred to Item 4 and asked why enforcement cannot use the current system to be of age and licensed for E-bikes. He questioned speaker comments on Item 2.
Ryan O’Neal, former Councilmember, asked the Council to slow down and listen.
Mayor Coler announced this is a special meeting primarily to review the anti-camping ordinance.
Regarding Item 3, the work is done in-house and repairing the equipment will cost over $36,000. The Town entered into a shared agreement with San Anselmo to use their bucket truck so Fairfax staff can install banners, and funds were also spent on staff time. Regarding the compactor, staff is still patching and the Town does not use the compactor.
Vice Mayor Blash clarified that they have spoken with the campers several times about this meeting and she invited them to come tonight.
Councilmember Cutrano asked for an explanation of why Item 2 is on the agenda.
Town Attorney Janet Coleson explained for some time staff has been working on a Policy and Procedures and Rules Handbook. It is a common handbook for Councils throughout California, can be changed as needed upon a majority vote, and she is unaware of anything that is changed, new, or different. The handbook puts in writing practices that are followed currently but are not in writing.
Councilmember Ackerman agreed with comments from the Town Attorney; however, given public comments, he recommended it be removed from the Consent Calendar, and made a motion.
Councilmember Hellman seconded the motion and commented that she read it and did not see anything that constituted a change. The agenda includes a “Future Agenda Items” and the Council must obtain a majority vote to add an item. This was also captured in a strategic planning event because the process for future agenda items was unclear.
Town Manager Abrams clarified that on May 1, 2024, the Council adopted its goals. One goal under “Strengthening the Town Organization” was to create a boards and commissions training manual, and this is a portion of that larger document she had drafted. The Town Attorney had then condensed it to ready it for tonight’s meeting.
M/S, Ackerman/Hellman, Motion to remove Item 2 from the Consent Calendar.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None.
BREAK
Mayor Coler called for a 5-minute break at 6:58 p.m., and thereafter, reconvened the Special Meeting.
3 November 19, 2024 Town Council Special Meeting Minutes
1. Approve minutes for the August 7, 2024 Town Council meeting – Deputy Town Clerk, Christine Foster
3. Adopt a Resolution Declaring Public Works Vehicle 1994 Ford Super Duty Bucket Truck, and Wacker RD880 Compactor as surplus and Authorizing the disposal of the Vehicle and Equipment by Public Auction – Public Works Director Loren Umbertis
4. Approve Revised Response to the 2023-2024 Marin County Civil Grand Jury Report entitled “With Power Comes Responsibility – Youths Under Age 16 Operating Class 2 EBikes: A Safety Risk” – Police Chief Rico Tabaranza
5. Approve Responses to the 2023-2024 Marin County Civil Grand Jury Report entitled “Cyber Preparedness: Are We There Yet?” – Deputy Town Clerk Christine Foster M/S, Cutrano/Ackerman, Motion to approve Consent Calendar Items 1, 3, 4 and 5.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
Regular Agenda:
6. Introduction of an Ordinance Repealing Town Code §12.36.020 Nighttime Use; Permission of Town Clerk, or Designee, Required and §12.36.030 Nighttime Use; Grant of Permission; Conditions; Construction and Adding Chapter 9.30 Camping on Public Property, to Title 9, Public Peace, Morals and Welfare of the Town Code — Town Manager Heather Abrams and Town Attorney Janet Coleson
Town Manager Abrams introduced the item and gave a PowerPoint presentation regarding the matter, noting staff would continue to work with the County Health and Human Services Department, non-profit agencies, the Police Department, the MCCMC Committee on Homelessness, and seek a contract to perform safe and orderly removal of materials and proper storage. Expenses are difficult to estimate at this time and she asked for additional comments from the Town Attorney.
Town Attorney Coleson pointed to an edit at the end of the posting, stating there are three places where this will be posted: 1)Town Hall, 2) the Women’s Club, and 3) the Fairfax Post Office. There are two sections requesting to be repealed; Sections 12.36.020 and 12.36.030 which she described, and said a new Chapter 9.30 would be substituted in the anti-camping ordinance.
Councilmember questions and staff discussion ensued regarding best practices for anti-camping signage, noticing, storage of people’s possessions for up to 30 days in a rented container, provisions and process for 72 hours’ notice to campers that their belongings are stored and how to retrieve them, legally defensible language in the ordinance, and the process for, and availability of, housing vouchers.
Gary Naja-Riese, Marin County Director of Whole Person Care, explained that the State sets a 36-month clock on grants to be able to resolve encampments which are typically much larger than Fairfax’s encampment. He provided statistics on campers, spoke of the challenge in managing new arrivals, fair time periods of what it takes to move individuals, and confirmed that there are no housing vouchers currently available until the beginning of 2025. However, there are other mechanism for people to move, including family reunification, temporary rental support, or other strategies where housing case managers and outreach workers interact with clients to identify what their permanent housing destination is.
4 November 19, 2024 Town Council Special Meeting Minutes In response to Council questions, Mr. Naja-Riese said the way the system works is based upon fair housing law under federal HUD regulations. They cannot prioritize individuals by race, sex, gender, sexual orientation, or geographic location. Their Countywide system functions based on the highest vulnerability. Individuals are assessed and entered into a system. What could be done is to use local funding and resources to come up with a mirror encampment resolution type of program approach to assist individuals in Fairfax’s encampment. It would be like grandfathering in those there currently but putting them on a clock and matching resources and priorities to help.
However, it is unlikely that those resources and support would be successful in a 90-day timeframe.
Council discussion ensued regarding restricting additional campers at the encampment, questions on number of shelter beds, and the 3- to 6-month process to get people help and into shelter beds.
Mr. Naja-Riese confirmed there are 161 shelter beds in the County in various configurations. They operate a housing focus shelter system called Homeward Bound, with low turnover and competition, and said he could work with Fairfax as to what is best and available.
Mayor Coler opened the meeting to public comment.
Robbie opposed the ordinance, thinks the camp is nice, and thinks there are reasonable people there working on their own solutions.
Jason, Co-Chair of the Marin County Lived Experience Advisory Board, said there are only two shelters in Marin County totaling 160 beds with 1,090 unhoused people, and voiced opposition of the ordinance.
Sean asked the Council to listen to residents, challenged trash pickup, cited lack of services, claims workers only come for 3 minute on Thursdays and leave.
Michael Mackintosh commented on the positive relationship between police and the campers, , thinks campers want respect, and asked for due process and notice.
Doug Kelly referred to Section 9.30.020 and asked to define “overnight.” He then read Sections
9.30.050(d)2 and 4 asked who will make the determination.
Todd Greenberg questioned the lack of action over two years, suggested setting priorities, deadlines, and adequate notice, and questioned if other attorneys were consulted.
Mark Bell opposed speakers being allowed only 2 minutes to speak, questioned the effective date of the ordinance and conflicts with the old and new one, and asked that Section 9.30.060 state, “72 hours maximum” and include the specific time when campers must be gone.
Mallory Geitheim cited the need to think about residents who live here and want to be safe, and asked why the Town is not enforcing its current ordinance.
Frank Egger asked why there is no report from the Police Chief, said parks will be open 24/7 if the current ordinance is repealed, and thinks the ordinance has loopholes.
Cindy does not mind if people want to sleep in the pavilion as long as they follow rules and obtain permission, not use drugs or alcohol, set fires, or do things that make the area unsafe, and pointed out that “camping” is a recreational activity.
5 November 19, 2024 Town Council Special Meeting Minutes Deb opposed the ordinance, said it is pointed towards protecting the homeless campers, cited the Governor’s and Caltrans’ approach, and asked the Council to coordinate help for the homeless.
Kay echoed comments, thinks the Town has ignored the situation for too long, noted that possessions are extremely important to campers, and asked for the Council’s help.
Mark Solomons voiced support of the ordinance, thinks it is a step towards making the ballfield and creek workable for kids, and asked the Council to take action.
Katie asked if anything has been done to consider impacts of the location of the encampment and safety implications for Peri Park playground and the creek, which she described.
A speaker requested the ordinance be well-thought out and discussed and not voted on tonight.
She supported the ability to criticize the Council, said her young son wants to find places for the homeless to live, but said he is also scared of them screaming in the park.
Mayor Coler closed the meeting to public comment.
Town Attorney Coleson read the Brown Act into the record and clarified that staff is not included in what speakers can criticize. She clarified ordinances require two readings, adoption, and then a 30-day waiting period, so the ordinance would not take effect until the first week of January if approved. The current code is outdated and not enforceable dealing with an encampment. There are park rules which she described and said should be contained in one document or the resolution.
Mayor Coler stated the Council’s next meeting is December 4, 2024. She asked if the ordinance should be introduced tonight and for the second reading to be on December 4th, She recognized the holidays during this time period, and recommended bringing forth the resolution sometime after the December 4th meeting.
Councilmember discussion ensued regarding the Grants Pass decision and the fact it has not been years since the Council is taking action, diversity of public comments, whether the matter should be continued for the new Council to discuss and consider, confusion of campers who are approached by people and county services, acts of compassion, questions relating to time for relocation, dates for continuation of the matter, the ability to delay the effective date of the ordinance, enforcement, Little League’s season start in February, coordination of services and shelter beds, opposition by public speakers, clarification that sitting or lying on a blanket would pose problems, putting a cap on the number of people at the encampment versus providing notice and clearing the encampment, the ordinance as acceptable, coordination with social service providers, concerns of active drug and alcohol activities, current services provided, and discussion and agreement on continuance of the item to the next meeting.
M/S, Hellman/Cutrano, Motion to continue the item to the December 4, 2024 Council meeting.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
BREAK
Mayor Coler called for a break at 9:50 p.m. and thereafter reconvened the special meeting at 10:00 p.m.
Mayor Coler asked for a motion to waive the 10:00 p.m. rule, and recommended hearing Item 8 next.
6 November 19, 2024 Town Council Special Meeting Minutes M/S, Blash/Cutrano, Motion to waive the 10:00 p.m. rule.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
Re-Order Agenda:
M/S, Blash/Cutrano, Motion to move Item 8 ahead of Item 7.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
Public Hearing:
8. Introduce and read by title only an ordinance to amend zoning regulations related to shortterm rentals updating the following chapters within Title 17 (Zoning) of the Fairfax Municipal Code: 17.008 (ʹDefinitionsʹ), 17.044 (‘Exceptions and Modifications’), 17.052 (ʹOff-Street Parking and Loading Requirementsʹ), 17.084 (‘RD-5.5-7 Residential Zone, High Density’), 17.088 (‘RM Multiple-Family 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 Program.
CEQA: Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to categorical exemption number 15301, Existing Facilities. – Planning and Building Services Director Jeff Beiswenger Mayor Coler stated there is a Supplement to Item 8.
Planning and Building Services Director Jeff Beiswenger gave the staff report and overview of the matter regarding amending the Town’s existing zoning regulations related to short-term rentals, updating various Chapters within Title 17, as well as business regulations.
He stated a question is whether the occupancy requirements change. Currently, a short-term rental must be a hosted rental so the host could live on the property or be in the unit being rented which may open the door of allowing a duplex to be used as a short-term rental if the host lived on the property. The Planning Commission (PC) wanted to keep duplexes out of the realm of short-term rentals. Another question is whether the owner could live elsewhere, and staff recommends it be a hosted rental where the owner is on site or in the home, such as renting out a room.
The PC suggested there be a limit on the number of days someone can operate a short-term rental and staff suggests 180 days which is included in the resolution. The PC also recommended changing the hotel user tax (TOT) which is currently 10% and lower than most jurisdictions. If the Council wished to increase the TOT, this this would need to be voted upon in an election.
He then spoke of the enforcement process, said staff has seen less rentals and added enforcement options in the Supplemental, presented a chart showing all recommended changes, and noted the short-term rental program is a separate resolution from the ordinance which could also be adopted tonight with the supplemental item.
Councilmember questions and discussion ensued regarding State law and ADUs after 2020, the few single-family homes in town which are rented out, previous work done on the short-term rental program, owners disguising their rental location, the system the Town uses to identify them, enforcement, the variety of rentals and uses by homeowners.
Mayor Coler opened the public hearing.
7 November 19, 2024 Town Council Special Meeting Minutes Michael Schroeder, owner of 161 Landsdale, spoke of benefits of being able to rent a small bedroom of their home after losing his job, the ability to earn income, and asked the Council to remove the parking requirements which he said is a burden.
Michael Mackintosh thanked Council for the changes and made additional recommendations.
Todd Greenberg questioned priorities of the Council, thinks the item involves too much staff time and is wasteful spending.
A speaker said this is a punitive and restrictive ordinance which takes away property owner rights, and asked to allow STRs.
A speaker cited no problems noting Fairfax was built on short-term rentals which brings business into town, and he asked to leave things as is.
Mallory Geitheim asked people to state their names and where they are from and thinks there is nothing broken and nothing to fix.
Scott Hochstrasser, owner of 141 Bolinas Road, shared his experiences and asked that the Council not change the policy noting that his CUP allows him to rent from a zoning standpoint.
Linda B., 492 Scenic Road, said she was refused a permit because of lack of parking, and asked to be able to get a parking waiver, stating parking has never been a problem.
Frank Egger asked and confirmed that the number of STRs in town and the income from TOT for the Town is listed on page 3 of the staff report, and opposed hiring a consultant.
Kay voiced support of short-town rentals, said she was not sure how the 180 days would be tracked and opposed this, and does not support waivers of parking requirements.
Michael Sexton indicated there have been only two complaints over the last several years regarding STRs which are a valuable resource. He suggested removing existing restrictions, supported allowing duplexes as permitted units where owners need to rent out the unit between long-term uses, opposed the 180-day limitation which is arbitrary, and asked that parking requirements be applied on a case-by-case basis.
Richard agreed with recommendations in the staff report, spoke about his daughter’s Airbnb rental history which helps cover her property taxes, said their family comes to stay from out-of-town part of the year, and he questioned how the 180-day limit was determined, noting rentals could provide a place for people to come to Fairfax and local sales tax.
Scott Valence described the letter he sent regarding his ADU he is legalizing. He spoke of living in his ADU as his primary residence and renting out his front house. He questioned if he could still rent his ADU when he goes away and encouraged the Council to consider this is not a problem in Town.
Mayor Coler referred to a comment regarding limiting the STR to the specific owner and recited the definition of “owner,” said there is a permit waiver program suggested, and recited parking requirements for one parking space for every four guests which means an additional parking space is not needed unless there are four people.
Mr. Beiswenger clarified that parking language was intended to require a space for between one to four people, so he suggested this be revised.
8 November 19, 2024 Town Council Special Meeting Minutes Mayor Coler referred to the number of average STRS of 40 to 60 in the staff report, noted Deckard Technologies has the ability to look at up to 100 hosting platforms and track rentals, cited the small amount the Town receives from STRs that are registered, noting more funds could be gained with additional registrations to cover the cost of the staff time and consulting costs. Lastly, any change in the TOT would also have to go for a vote of the people.
Council discussion ensued regarding the parking waiver process which would include a process as well as notice to those neighbors within 300 feet where they could appeal to the Council, State law regulations effective January 1, 2020, the PC’s discussion of having a 180-day restriction for different types of units and general non-support by the Council, and the program written to not have primary residences or single-family homes as STRs, clarifying that the program is being written to loosen the policies, staff contact with Airbnb and Deckard Technologies, consideration to change zoning to allow hotel units in a commercial zone which can be customized for STRs, and the error fixed in the ordinance regarding parking of STRs which “must provide one additional parking space for every one to four guests on site in addition to the required parking for the existing residential use.” Councilmembers voiced non-support of the 180-day restriction, and Mayor Coler suggested a motion.
M/S, Blash/Coler, Motion to 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), 17.044 (‘Exceptions and Modifications’),
17.052 (ʹOff-Street Parking and Loading Requirementsʹ), 17.084 (‘RD-5.5-7 Residential Zone, High Density’), 17.088 (‘RM Multiple-Family Residential’), 17.092 (‘CL Limited Commercial Zone’),
17.096 (‘CH Highway Commercial Zone’), and 17.100 (‘CC Central Commercial Zone’) and to adopt a Resolution to update the short-term rental program, rescinding and replacing Resolution 22-44; short-term rental program in its entirety.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
Item Removed from the Consent Calendar:
2. Adopt a Resolution Adopting the Town Council Rules and Procedures Handbook – Town Attorney Janet Coleson and Town Manager Heather Abrams
Mayor Coler recommended the Council waive the 11:30 p.m. rule and also to move Item 2 to the December 4, 2024 Regular meeting.
M/S, Cutrano/Ackerman, Motion to waive the 11:30 p.m. rule and to move Item 2 to the December 4, 2024 Regular Council meeting.
AYES: Cutrano, Hellman, Vice Mayor Blash, Mayor Coler
NOES: None
7. Introduction of an Ordinance Repealing Town Code §2.08.030 Rules of Order and §2.08.040 Procedure in Absence of Quorum from the Town Code — Town Manager Heather Abrams and Town Attorney Janet Coleson
Town Attorney Janet Coleson gave the staff report and overview regarding repealing Town Code Section 2.08.030 Rules of Order and Section 2.08.040 Procedure in absence of quorum from the Town Code.
Mayor Coler opened the meeting to public comments.
Todd Greenberg objected to the report and recommendations and described other alternatives. 9 November 19, 2024 Town Council Special Meeting Minutes Frank Egger said the Town has always used Robert’s Rules of Order, and suggested identifying what the other 11 Marin cities use.
Mark Bell said public comments are needed in changing how the Town is run, asked new Councilmembers to be involved in the discussion.
Doug Kelley questioned timing on the item and recited portions from the Brown Act.
Pamela Meigs disagrees with the item and questioned why the item is on the agenda.
Michael Mackintosh thinks timing is bad for this and spoke about how laws began which are based upon long-term practices and customs.
Deb London spoke about Robert’s Rules of Order, agreed with speaker’s comments, and asked the Council not to act.
Mallory Geitheim echoed speakers’ comments, and asked to respect incoming Councilmembers.
Mike asked why change the rules after the election, echoed speakers’ comments, and thinks common sense is needed.
Deborah Benson asked why the Council is considering this matter at this point in time.
Michael agreed with speakers’ comments and asked the Council not to vote on the matter.
Councilmember questions and comments ensued regarding use of Rosenberg’s Rules of Order and conflicts with the Brown Act, unfamiliarity of Rosenberg’s by some Councilmembers, the League’s recommendations to use Rosenberg’s, one comment that Procedures and Absence of a Quorum was not needed and should be removed, discussion by the Council on the need to update these procedures, and suggestions to continue the item.
Town Attorney Coleson noted this item is a companion with Item 2. She suggested the Council continue the item similar to Item 2 and she could finish the review of Rosenberg’s Rules of Order.
As well, she would like to bring forward a resolution with park rules if the Council is going to consider adopting an anti-camping ordinance. This also will mean repealing a number of code sections and putting them in a resolution having to do with park rules. She senses that bothers people but confirmed it is cleanup.
Mayor Coler suggested undertaking the first part which deals with Robert’s Rules of Order at a future meeting other than December 4th, suggested doing a comparison between Robert’s Rules and Rosenberg’s and identify conflicts with the Brown Act, just deal with Section 2.08.040 and remove the Robert’s Rules of Order at a subsequent January meeting. Councilmembers all agreed.
Mayor Coler referred to page 1 of the ordinance where it states, “Fairfax Town Code Section
2.08.030 Rules of Order” delete the part that states “Section 2.08.030 Rules of Order and replace it with: “Fairfax Town Code Section 2.08.040 Procedure in Absence of a Quorum is hereby repealed.” They will have to change the title as well. So, they are basically taking the Robert’s Rules of Order out of this ordinance.
M/S, Coler/Blash, Motion to waive first reading and read by title only and introduce an Ordinance repealing Town Code §2.08.040 Procedure in Absence of Quorum from the Town Code, with the changes noted in the ordinance to delete: Section 2.08.030 Rules of Order and replace it with:
“Fairfax Town Code Section 2.08.040 Procedure in Absence of a Quorum is hereby repealed.” 10 November 19, 2024 Town Council Special Meeting Minutes AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
Town Manager’s Report
Town Manager Abrams reported the following:
• There is an atmospheric river predicted beginning early tomorrow morning through Saturday with a prediction of a total of 4” of rain. The Town is prepared and encourages the public to visit Marin County’s Flood website and review emergency preparation items.
The Town has sand and bags, and the County and all towns encourage using the local hardware store and prepare in advance.
• Preliminary election results are on Marin County’s Election site but the Town needs this certified by the County before the Town can certify the election. They expect this to be done on December 4th, but if the County does not complete their process by December 4th, a special meeting will be held.
• Discussion was held at the last meeting regarding the Marin Alliance dispensary and staff was intending to work on an item for December 4th. Town asked for the address of their proposal and have not yet received this to date.
• In response to Councilmember Hellman, Town Manager Abrams said Councilmember Hellman, the Chief, and Director of Public Works met on Monday and discussed station
21. The plan is on Friday to meet with the designer with the purpose of getting the design into the bid package. Staff would then bring the award of the lowest bid and financing documents to the Council.
Adjournment
The meeting was adjourned at 11:50 p.m.