1 November 6, 2024 Town Council Meeting Minutes
AGENDA ITEM 4.b
DRAFT
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:
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AGENDA ITEM 4.b
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
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:
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AGENDA ITEM 4.b
• 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).
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.
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AGENDA ITEM 4.b
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
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.
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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.
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.
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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.
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. 7 November 6, 2024 Town Council Meeting Minutes
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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.
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.
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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.
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
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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.
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.
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Mayor Coler announced that MCE has a 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.
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.
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
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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
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
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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
• 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. 1 November 19, 2024 Town Council Special Meeting Minutes DRAFT
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 install the 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
3 November 19, 2024 Town Council Special Meeting Minutes Mayor Coler called for a 5-minute break at 6:58 p.m., and thereafter, reconvened the Special Meeting.
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.
4 November 19, 2024 Town Council Special Meeting Minutes 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.
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. 5 November 19, 2024 Town Council Special Meeting Minutes 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 Swift agreed with Robbie’s comments, 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.
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. 6 November 19, 2024 Town Council Special Meeting Minutes 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.
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. 7 November 19, 2024 Town Council Special Meeting Minutes 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.
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. 8 November 19, 2024 Town Council Special Meeting Minutes 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.
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
9 November 19, 2024 Town Council Special Meeting Minutes 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.
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.
10 November 19, 2024 Town Council Special Meeting Minutes 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.” 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.