1 December 18, 2024 Special Town Council Meeting Minutes Fairfax Town Council Minutes
Special Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via teleconference
Wednesday, December 18, 2024
Call to Order/Roll Call:
Mayor Blash called the Regular Meeting to order at 6:30 p.m.
COUNCILMEMBERS PRESENT: Lisel Blash, Mayor
Barbara Coler
Frank Egger
Michael Ghiringhelli
Stephanie Hellman, Vice Mayor
STAFF MEMBERS PRESENT: Heather Abrams, Town Manager (absent) Christine Foster, Deputy Town Clerk
Janet Coleson, Town Attorney
Rico Tabaranza, Police Chief
Michael Vivrette, Finance Director
Special Meeting at 6:30 p.m.
Hybrid meeting at the Fairfax Women’s Club and via Zoom Call To Order: Mayor Blash called the Regular Meeting to order at 6:30 p.m.
Pledge of Allegiance: Mayor Blash led in the Pledge of Allegiance.
Approval of Agenda:
M/S, Coler/Hellman, Motion to approve the agenda.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
Mayor Blash read the Land Acknowledgement and delivered a brief statement regarding the Town’s meeting protocols, and protocols on hate speech.
Regular Agenda
1. 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 Attorney Coleson, on behalf of the Town Manager, gave a PowerPoint presentation and an overview of the staff report.
Councilmembers asked questions pertaining to Section 9.30.050, entitled “Unauthorizing encampments or sleeping on public property,” the timeline of the ordinance from adoption to implementation, signage, chain of command protocol, made recommendations for removing Section 9.30.050.d.3
2 December 18, 2024 Special Town Council Meeting Minutes Mayor Blash opened the meeting for public comment.
Michael Mackintosh commented on the language in the proposed ordinance and asked to revise it.
Valerie Hood voiced concerns regarding not including language in the ordinance regarding drug use or private property and cited public safety concerns regarding the creek, noting individuals are setting up tents in private neighbors’ backyards.
Mark Bell referred to Section 9.30.060.a.1 and asked to revise the language noting there is nothing about no repetition, no grace period, no storage, having a local committee to review this, and asked that it include all schools.
A speaker thanked Councilmember Ghiringhelli and others for their clean-up work at camps, thinks the ordinance will not provide solutions, and asked to get people housed.
A speaker asked what will happen when individuals cannot return to their tents.
Brian Six, Vice President, West Marin Little League, referred to their November 20th letter, and described altercations involving children from individuals at the encampment.
Lisa Sirabella agrees with measures but is opposed to drug use and drug sales of any kind. She is supportive of the ordinance, asked the Council to be mindful of harsh weather conditions, and offered support.
Jen cited impacts of the homeless encampment and then described an incident at School Street Plaza.
Sean Fitzgerald asked the Council to consider a Citizens’ Oversight Committee. He retained outside legal counsel to review the ordinance, and nighttime use and why it needs to be combined and noted suggested revisions.
Larry Bragman agreed with previous comments, asked for language regarding authorized activities, and suggested finding a better location and getting help from the County.
Deb London echoed comments for more work to be done on the ordinance, asked to delay approval, and for residents to have a voice.
Todd Greenberg requested everybody be given protocol directions to identify themselves when speaking, asked to enforce the ordinance in place, keep the existing no nighttime use of the park ordinance, clear out the encampment, and to provide for services.
Uri agreed the problem is national and described his experiences in Germany.
Tom Boyd asked the Council to move forward with approval of the ordinance.
Ava echoed previous comments and spoke about housing issues.
Cindy Ross voiced concerns with legal language that is not addressing main concerns and not following rules.
Jason is opposed to the ordinance and asked the Council to create an area for people to lawfully sleep.
3 December 18, 2024 Special Town Council Meeting Minutes Emma voiced support for the ordinance and the existing ordinance to address safety as soon as possible.
Kay thanked everyone for acknowledging the need for attention to the crisis, asked to include addressing fires in Peri Park, and suggested forming an oversight committee.
Rick Hamer voiced concerns with signage, notices, and consequences of those who are served notices and are not able to understand them when served.
Jane asked to form a Citizens’ Oversight Committee and to require those living in the park to obey rules.
Elma Char said she has been bringing food to those at the encampment, and suggested the Town have an advocate for them.
Councilmember Ghiringhelli voiced support of approval of the first reading of the ordinance tonight.
Vice Mayor Hellman asked staff to clarify the rules relating to fires in public parks and asked for the Town Attorney’s comments regarding repeat offenders in terms of abatement.
Town Attorney Coleson replied the only allowed fire is a barbecue in a public park. Town Attorney Coleson said the court cases do not address repeat offenders. If campers return to the same spot, they will be told to leave and eventually they will find another location. There is no authority for a repeat enforcement provision for different locations, and the repeated removal of their possessions is typically an effective deterrent.
Vice Mayor Hellman referred to the comment around notice and asked how to ensure the camper understands what is happening.
Town Attorney Colson said her understanding from other agencies that have done enforcement action is that the Police Department talks with individuals, explains the written notice, and alerts them verbally of the need to leave with their belongings within three days or 72 hours.
Police Chief Tabaranza agreed and added that police may be able to capture the name of the individual or know them, and the interaction can also be captured on body-worn cameras.
Vice Mayor Hellman referred to Mr. Bragman and Councilmember Egger’s comments and asked if the Council should reference the other code as far as permitted use.
Town Attorney Coleson said Section 12.020 is in code right now. She included a period after “sunrise each day.” It goes on to say, “Without permission issued by the Town Clerk or designee as provided in 12.36.030.”
This section talks about “The Town Clerk or designee is authorized to grant permission on behalf of the Town for the use of Town parks, playgrounds, public tennis courts, and central ballfield during hours between sunset and sunrise to groups and organizations whenever it appears that, during the use, there will be sufficient police protection or adult supervision to avoid malicious conduct on the part of any person in these areas.
4 December 18, 2024 Special Town Council Meeting Minutes She removed the language about the Clerk determining there is sufficient police protection or adult supervision to avoid malicious conduct.” She revised the text to state, “Permission granted to a group or organization shall be construed to be permission to each individual member of the group or party.” This might conflict with the procedure laid out in the ordinance to be adopted and did not want to have conflict with that procedure and this procedure so she left 12.030’s last sentence: “Public tennis courts for night use until 9:00 p.m. will be available from the Fairfax Police Department. The Town Council may establish a fee for such use by resolution.”for a fee established by Town Council Resolution.”
Councilmember Egger made a motion, and Councilmember Ghiringhelli seconded the motion to waive first reading of the ordinance, with amendments.
Councilmember Coler commented that she is concerned regarding the criminalization of homelessness including camping bans, bans on sleeping in a car, sweeps of encampments where people lose their possessions and move, recommended creating more affordable housing, acceptance of Section 8 and other vouchers for veterans and the disabled for housing. She strongly supports more investment in shelters and said her vote would be “no.” Mayor Blash said the current location of the encampment is not ideal, wants to take residents’ concerns seriously, and has been concerned with Fairfax becoming the destination of last resort.
However, she is not comfortable with a blanket ban on camping in town because it feels it is criminalizing homelessness. She thinks everybody wants to be compassionate and this ordinance is not that given it will make the situation of homeless individuals worse.
M/S, Egger/Ghiringhelli, Motion to waive further reading and introduce the ordinance of the Town Council of the Town of Fairfax to add Chapter 9.30; Public Peace, Morals, and Welfare to read:
Camping on Public Property to title line Public Peace, Morals, and Welfare,” removing Sections 2 and 3 of the ordinance; and for Section 4 to become Section 2, and the rest would remain as written which also does not revoke the current code, as written.
AYES: Egger, Ghiringhelli, Vice Mayor Hellman
NOES: Coler, Mayor Blash
2. Pursuant to Town Code Section 2.08.090 a Residents’ Petition was Received Requesting an Emergency Declaration Marin Alliance Medical Marijuana Business Location – Petitioner: Lynnette Shaw — Deputy Town Clerk Christine Foster Deputy Town Clerk Christine Foster reminded everybody that this petition was carried over from the December 4, 2024 meeting. In the staff report, it states that the petitioner, Lynette Shaw, wishes to discuss expediting the process to relocate her existing dispensary to 1591, 1593 Sir Francis Drake Boulevard.
Larry Bragman, representing Lynette Shaw, said they kept this on the agenda as an update. When they were last before the Council on this item, the property they were seeking to relocate was up for auction the next day. The next day, the bank postponed the matter until January 9th, the next meeting date. So, this is their update.
Mayor Blash said an application is required by the Planning Commission and she suggested doing that now to get in their queue, and Mr. Bragman acknowledged this.
Mayor Blash opened the meeting to public comment.
5 December 18, 2024 Special Town Council Meeting Minutes Clinton questioned whether the applicant can legally fast-forward an application to the Planning Commission without control of the premises.
Mr. Bragman said he has documentation from the company that is holding the auction which confirms the sale was postponed to January 9th. Until the property is acquired and until title is transferred, no one has a right to give a lease to anyone. Right now, the property is in foreclosure for Mr. Hertz and they will know more on January 9th.
Matt Greenberg opposes Ms. Shaw and her business practices and provided examples.
Ava acknowledged that long-time Fairfax residents spoke in favor and in support of Ms. Shaw and her business operations.
Eric Moss, San Anselmo, said he lives across the street from the site Ms. Shaw is proposing to move her business to, and questioned why the Council is rushing the process.
Mayor Blash noted this is not an item the Council can act on.
Consent Calendar
Mayor Blash opened the meeting to public comment.
Todd Greenberg asked that the Financial Statements be a separate agenda item and cited page
2. Mark Bell echoed speaker comments, referred to Item 10 and questioned lag time for approval of minutes. He also questioned written reports on Councilmember assignments.
Michael Mackintosh encouraged the Council to bring forward the Financial Statements.
Deb London echoed speaker comments and asked the Council not to use consultants.
Mallory Geitheim echoed speaker comments and asked the Council not to use consultants.
Ling Shen Bell echoed speaker comments.
A speaker asked the Council to consider the majority and minority voices in town.
Michael Schroeder said he thought the ADU item was going to be on this meeting agenda and expressed his opinion that the Town Council move forward on the zoning exemption and parking allowances.
Emily reconfirmed her suggestion at the last meeting that the Council have oversight committees when there are major decisions that affect the community.
Councilmembers discussed Department Managers attending all Council meetings, the appropriate protocol for addressing questions with staff members ahead of the meeting, and when removing an item from Consent for discussion is warranted.
Finance Director Michael Vivrette joined the meeting.
6 December 18, 2024 Special Town Council Meeting Minutes Councilmember Egger voiced concerns with the condition of streets, roads, and sidewalks. He commented and asked questions about Fund 44 which refunds General Obligation bonds, Fund 22 Measure A, funds for Sir Francis Drake Blvd, pension liabilities, and the Town’s Independent Auditor..
Finance Director Vivrette responded to the Councilmember’s questions explaining bonds, bonds that were refinanced, provided an overview of staff managed road expenses, the Pension Override Tax, and the Town’s contract with the Independent Auditor who performs the annual budget audit. He noted that if the Council wished to change auditors, they could and it would require an RFP.
3. Receive Financial Statement and Disbursement Reports for September 2024 – Finance Director, Michael Vivrette
4. Approve minutes for the September 4 and October 16, 2024 Town Council meetings – Deputy Town Clerk, Christine Foster
5. Receive written report on Councilmembers’ assignments, committees, and activities in November 2024 – Deputy Town Clerk Christine Foster
6. Authorize the Mayor to Send a Letter of Support for the Gate Safety Act of 2024 – Deputy Town Clerk Christine Foster
M/S, Coler/Blash, Motion to approve the Consent Calendar.
AYES: Coler, Egger (for Items 3, 5, 6), Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
ABSTAIN: Egger (for Item 4)
Council Reports and Comments:
Mayor Blash announced that Council Reports are included in writing in the Consent Calendar.
She also announced the Menorah Lighting celebration at Bolinas Park on December 26th.
Future Agenda Items
Mayor Blash said Councilmembers should be able to get their items on the agenda with a majority vote. The Council will hold a Council retreat in February and a budget retreat in May where some larger items would be appropriate.
Councilmembers requested items to be considered for Future Agenda Items Councilmember Ghiringhelli requested having a future agenda item to form a Citizens’ Oversight Committee on the budget and to hold a workshop as soon as possible, as well as a Citizen’s Oversight Committee for the matter relating to the ordinance for encampments.
Councilmember Coler suggested the two new Councilmembers meet with the Finance Director to receive an overview of the current budget.
Mayor Blash requested the two new Councilmembers meet with the Finance Director for an overview of the Town’s budget and to come prepared for the February meeting. She reiterated that the Town is not in debt and is not overspending, and also that every city in the State has used consultants in certification of their Housing Elements. 7 December 18, 2024 Special Town Council Meeting Minutes The Town has a very small staff and does a very good job. She asked to have that conversation after the two Councilmembers have met with the Finance Director and have received answers to their questions, and said she will vote “no” on the item.
Regarding the homeless oversight committee, she would rather call it something different. It has a tone that the Council is doing something wrong and the Council wants to work together collaboratively with the community. As far as finances are concerned, she was opposed to setting up an oversight committee on the budget.
Councilmember Egger requested a Council discussion on creating a task force of residents and merchants to investigate the pros and cons of Fairfax becoming a charter town.
Mayor Blash said this is a huge issue and is something she would see as discussing at the Council retreat.
Councilmember Coler agreed.
Mayor Blash summarized Councilmember requests for future agenda items:
1. A Citizens’ Oversight Committee on the Town Budget;
2. A Citizens’ Oversight Committee on park ordinances, which may include the anti-camping ordinance;
3. A workshop on the Budget;
4. Whether or not the Council should agendize becoming a charter town Mayor Blash opened the meeting to public comments.
Michael Mackintosh requested a clearer process for public input on the Consent Calendar, an explanation of refinancing pre-existing bonds, a Citizen’s Oversight Committee for the camping ordinance, and asked speakers to disclose their place of residence.
Todd Greenberg asked for citizen committees, spoke about speaking time limits, and commented on the Town’s spending.
Emily asked the Business Department to provide a detailed presentation of each budget meeting and audited budget, as well as formation of a Citizen’s Oversight Committee.
Kirsten supported the idea of Fairfax becoming a charter town and asked to agendize it soon for citizens to participate.
Mayor Blash asked the Council to review and vote on each of the Future Agenda Items proposed, as follows:
1. A Citizens’ Oversight Committee on the Town Budget: Mayor Blash suggested undertaking this after Councilmembers have met with the Finance Director and after the budget meeting.
2. A formal workshop on the Budget
Mayor Blash asked and confirmed there was only one Councilmember who wanted an additional workshop on the budget earlier than February or March. 8 December 18, 2024 Special Town Council Meeting Minutes
3. A Citizens’ Oversight Committee on park ordinances, which may include the anti-camping ordinance:
Town Attorney Coleson said she can draft a resolution as a start and people can comment on it. She
recommended she draft a resolution, note where items come from and why, and bring it back to a Council meeting for comment. The Council can decide whether it wants to form a committee to review the draft resolution and provide additional input, and then have it return to the Council. All Councilmembers agreed.
4. Discuss ways for the Council to reach out to the community to engage: Mayor Blash withdrew her request for this.
5. Whether or not the Council should form a task force for the Town to become a charter town:
6. Request speakers identify their residence:
Town Attorney Coleson noted that the Brown Act does not make this as a condition, and the Town cannot require people to provide their name and/or address when commenting, even for a quasi-judicial hearing.
Town Manager’s Report
There was no report.
Adjournment
The meeting was adjourned at 9:48 p.m.