1 January 9, 2025 Town Council Meeting Minutes
Fairfax Town Council Minutes
Regular Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via teleconference
Thursday, January 9, 2025
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
Christine Foster, Deputy Town Clerk
Janet Coleson, Town Attorney
Jeff Beiswenger, Planning Director
Loren Umbertis, Public Works Director
Maria Baird, Special Events and Volunteer
Coordinator
Special Meeting at 6:10 p.m. to Conduct Interviews & Consider Appointments Hybrid meeting at the Fairfax Women’s Club and via Zoom
1. Conduct Interviews and Consider Appointments to the Climate Action Committee.
Regular 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/Ghiringhelli, Motion to approve the agenda.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
Mayor Blash read the Land Acknowledgement Statement and delivered a brief statement regarding the Town’s position, meeting protocols, and protocols on hate speech.
Open Time for Public Expression
Sean Fitzgerald spoke about homeless in Marin, drug addiction, mental illness, lack of housing vouchers, and his proposal called Camp Rescue and Compassion City.
Dr. Tyler Graff, Superintendent, Ross Valley School District, provided an update on a proposed parcel tax revision their Board is considering on January 29th for the May special election.
Robbie Paulson spoke about the need for safety from interferences by government.
Cindy Swift thanked Public Works and other Town staff for their work they do. 2 January 9, 2025 Town Council Meeting Minutes
Mark Bell commented on Public Works staff wages and on the Town Attorney’s budget.
Michael Mackintosh voiced opposition to the parcel tax revision request by Superintendent Graff.
Todd Greenberg commented on audience participation protocol , Council’s priorities in the budget, and to discuss public and fire safety.
Rick Hamer referred to the Southern California fires and asked the Mayor to send a letter to the Governor to reduce assigned RHNA numbers.
Jim Cosgrove said the Southern California fires could happen here, spoke of congestion, lack of parking, and housing problems, and asked to push back on State mandates.
Deb Benson asked about clapping, who is overseeing PG&E cutting down heritage trees, and protocol for future agenda items.
Mimi Newton asked the Council to consider introducing an ordinance to tax housing in town that has been left vacant for years and to place a tax on empty homes.
Joe Scholl shared a personal experience about getting injured and living unhoused in Fairfax. He asked for substance abuse education, treatment, and employment for people.
Jody Timms announced the Climate Action Committee and San Anselmo Climate Action Commission are jointly hosting an event on February 7th at 7PM, and the State Building Code energy regulations are being updated and go into effect January 2026.
Michael Sexton agreed with writing the Governor, opposed the School Street Plaza development, and cited impacts and consequences of adding 240 additional units.
Kim opposed the School Street Plaza development and explained why. She also asked the Town to remove debris from its trails.
Kay said she agrees with Michael Sexton’s comments.
P.J. Feffer echoed Mimi Newton’s suggestion on taxing vacant houses, supported lower RHNA numbers, and asked that people consider the lack of space used in consolidating units in a downtown area versus further overcrowding the hillsides.
Regular Agenda
1. Consider Peri Park Playground Tot Lot Expansion Recommendation from the Park and Recreation Commission
Special Event and Volunteer Coordinator Maria Baird and Public Works Director Loren Umbertis provided a PowerPoint presentation on the proposed Tot Lot for the existing Peri Park Playground area. The proposed project will be fully funded by the public, with staff providing input and coordination.
Councilmembers asked clarifying questions about the size of the space, fencing, and what materials are being considered for use.
Mayor Blash opened the meeting to public comments.
Todd Greenberg commented on the cost and staff time for this project. 3 January 9, 2025 Town Council Meeting Minutes
Chris Arnold, PARC member, voiced support of the tot lot, volunteered to privately fundraise for it, and asked for the Council’s support.
Pamela Miggs commented on the materials being considered, opposed artificial turf, and asked about public education for the project.
Mark Bell echoed comments about use of astroturf and to use volunteers to accomplish the project.
Rafael said he proposed this project and the Commission received extensive community feedback which was incorporated for a continuous, environmentally-friendly, and safe surface.
Michael Mackintosh questioned the cost of the project.
Rick Hamer said it would be great for the community to raise the $9,000 to $11,000 and suggested asking for donations from businesses and including sponsors on a plaque.
Deb Benson voiced support of the project, opposed synthetic turf, and suggested adding maintenance fees with the fundraising efforts.
Megan supported the space for younger children, echoed negative effects of astroturf, and suggested moving the space to a shaded area.
Councilmember discussion ensued where all voiced support of the project, some supported sod but not artificial turf, recommended looking at the flow of the park, consider a shade structure or shade sails, possibly phasing the project, and described certain contract code provisions and requirements given the project is on Town property.
Vice Mayor Hellman made a motion for approval, and Councilmember Ghiringhelli seconded the motion.
Councilmember Egger asked for a friendly amendment with a provision to require sod, and Vice Mayor Hellman said she would not accept the friendly amendment.
M/S, Egger/Ghiringhelli, Motion to approve the Peri Park Playground Tot Lot Expansion with the provision to require sod.
AYES: Egger, Ghiringhelli
NOES: Coler, Vice Mayor Hellman, Mayor Blash
M/S, Hellman/Ghiringhelli, Motion to approve the Peri Park Playground Tot Lot Expansion Recommendation from the Park and Recreation Commission with the requirement to use environmentally-friendly materials.
AYES: Coler, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: Egger
1. Discuss and Consider Town Council Assignments for 2025 Deputy Town Clerk Christine Foster gave the staff report and said each year the Council reviews Town Council Assignments for various boards, committees, and joint powers authority seats.
There are several seats available and there is no adopted policy to assigning certain Councilmembers to committees.
Mayor Blash opened the meeting to public comments.
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Todd Greenberg voiced concerns that the prior Town Council did not represent Fairfax on committees, which he described.
Michael Mackintosh asked how the Council puts forth assignments are allotted to Councilmembers.
Mark Bell asked if the Affordable Housing Committee has been disbanded.
Mayor Blash and Councilmembers held discussion on preferences of available assignments and deletion of some committees that no longer meet or have been disbanded.
After discussion, the following assignment updates were agreed upon by the Council:
• Mayor Blash: TAM Primary member
• Vice Mayor Hellman: MCCMC Climate Change Committee Alternate member, the Climate Action Committee Liaison, TAM Alternate member, and MCE Alternate member • Councilmember Coler: Ross Valley Fire Board Primary member • Councilmember Egger: Flood Zone 9 Advisory Board Liaison, Open Space Committee Liaison, Paramedic Authority Board Alternate member
• Councilmember Ghiringhelli: Homeless Subcommittee for MCCMC member, Ross Valley Fire Department Board Alternate member
• Safe Routes to School Task Force Alternate is needed. • Deleting: Zero Waste Committee, MCCMC Water Policy Ad-Hoc Committee, Fairfax Lumber Ad-Hoc Committee, League of California Cities, and MCCMC Joint Services Oversight Committee.
2. Update and Action on Vacancy of Elected Town Clerk and Town Treasurer Positions Town Manager Abrams provided background on the matter, the staff report, and a PowerPoint presentation. If the Council chooses the appointment option, staff has prepared a draft application for Council consideration. Interviews and appointment would be scheduled for the February 5th meeting to meet the 60-day requirement, and there is no cost and positions can be timely filled.
The Council may choose to hold a special election and if so, the California Code does not provide the mail-in only provision for Treasurers and Clerks. It is only for Councilmembers. The cost for a special election is approximately $60,000 and California law does not allow a town/city to appoint in the interim.
If the Council chooses appointment, staff can open an application process immediately, or the Council could choose to hold a special election.
Councilmember comments and questions ensued regarding the 60-day requirement and timing of appointment versus a special election, filling the elected terms through 2026 if a special election is chosen, duties of the Town Clerk, qualifications for filling the positions, the Deputy Clerk employee position versus the Town Clerk elected position, explanation and criteria for elected positions, and the Council’s adoption of paid staff descriptions and salary ranges.
Mayor Blash opened the meeting to public comments.
Uri asked if employees do not need to live in the city they work for.
Todd Greenberg asked what section of the code talks about elected Town Clerk and Treasurer positions.
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Michael Mackintosh supported a special election.
Mark Bell thinks this item could have been discussed at the December 18th meeting.
Kathy Florez asked why the Town did not appoint someone to serve in the Clerk’s position sooner, and asked that all staff positions be Fairfax residents.
Steve Anderson voiced support to appoint someone and instead spend the $60,000 fixing infrastructure in town.
Sean Fitzgerald asked for clarifying definitions and roles of the various clerk positions, and asked if there is a classification of duties for the Treasurer.
Deb Benson said six municipalities describe the Deputy Town Clerk job as an Assistant to the Town Clerk and said the Town Clerk needs to be a resident and elected.
Councilmember Coler voiced support for appointment and asked to amend the attachment that states, “Council-adopted process for interviews and selection” to add a bullet under the Town Clerk examples of experience that says, “What kind of experience do you have you think would be useful for the Town Clerk position?” and have the person interviewed cover the bullet points in the application.
Councilmember Ghiringhelli voiced disappointment in the timing and asked why the election cannot be on March 4th. Town Attorney Coleson gave an explanation of the Elections Code Section 1500.
She stated it is also the opinion of their election’s expert from BBK that the Town cannot have a mail-only ballot election for a Town Clerk or Treasurer position. The Town’s only choice for an election is November 2025 when there are both mail-only ballots and in person voting at polling places.
M/S, Coler/Hellman, Motion to fill the vacancies of the elected Town Clerk and elected Town Treasurer positions by appointment and authorize staff to proceed with the appointment process, as amended, to add a bullet under the Town Clerk Examples of Experience that states, “What kind of experience do you have you think would be useful for the Town Clerk position?” and have the person interviewed cover all bullet points listed in the application.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
BREAK
Mayor Blash called for a recess at 8:55 p.m. and, thereafter, reconvened the Regular Council meeting at 9:06 p.m.
3. Consent Calendar
Councilmember Coler requested a separate vote on Item 3.j regarding the anti-camping ordinance.
Councilmember Ghiringhelli requested a separate vote on Item 3.g regarding short-term rentals.
Councilmember Egger requested removal of Item 3.a from the Consent Calendar, would like to vote separately on Item 3.b, and requested commenting on Items 3.d and 3.e. 6 January 9, 2025 Town Council Meeting Minutes
Councilmember Egger said he visited the property under Item d, noticed the area in front of the retaining wall has not been paved, and he asked if this is part of the project. Town Manager Abrams said no, it was not part of the project.
Mayor Blash opened the meeting to public comment.
Michael Schroeder asked the Council to make changes for Item g; the short-term rental ordinance and shared his personal short-term rental situation.
Mark Bell asked questions about Item d. and commented on the efficiency of Councilmembers discussing town matters during public meetings.
Todd Greenberg requested pulling Items a, h, and opposed appointing a Town Clerk.
Cindy Swift referred to Item b for the November 6th minutes, and asked the Council to announce members arriving late after the roll call or leaving early, and to revise the November 19th minutes on page 5 which attributes a public comment to her which should be revised to Cindy Ross.
A speaker referred to Item g and shared her personal short-term rental situation.
Matt Butler referred to Items f and j, voiced opposition to the Town’s purchase of the Wall property, and housing policies.
Michael Mackintosh agreed that putting property into open space increases the tax which makes housing less affordable, and opposed placing contentious items on the Consent Calendar.
Sean Fitgerald referred to Item j and voiced support of approving the ordinance tonight.
Deb commented on short-term rentals, and asked several questions about the monthly Financial Report.
Kay opposed removal of parking requirements for short-term rentals, and the anti-camping ordinance.
Mimi Newton disagreed with the speaker talking about open space which takes away land for affordable housing and urged the Council to reconsider their positions on the anti-camping ordinance.
Gabe Robinson opposed the Town Council’s decision to approve the relocation of Marin Alliance to 1591 Sir Francis Drake.
Cindy Ross asked to change the November 19th speaker comments to Cindy Ross and not Cindy Swift.
Jason does not agree with the anti-camping ordinance being on the Consent Calendar and opposes the ordinance.
Liz Schroeder referred to short-term rental parking requirements and asked the Council to reconsider their appeal as their home is used part of the year to supplement their income.
P.J. Feffer echoed Mimi Newton’s comments and is disappointed that the short-term rentals and anti-camping ordinance items were not pulled from the Consent Calendar, which he described.
Jane supported the anti-camping ordinance, and commented on the Financial Statements. 7 January 9, 2025 Town Council Meeting Minutes
Joe expressed concern regarding criminalizing the encampment, asked for a plan, and said it was a shock to see the camping has been banned in the town.
Kathy Flores questioned who is preparing the Council minutes and editing them.
A speaker said she and her husband are neutral about the subject of medical marijuana being located in their neighborhood and described why.
Councilmember Coler made a motion to approve the Consent Calendar minus Items b, g, and j which will be voted upon separately.
a. Receive Financial Statement and Disbursement Reports for November 2024 b. Approve minutes for the November 6 and November 19, 2024 Town Council meeting c. Receive written report on Councilmembers’ assignments, committees, and activities in December 2024
d. Adopt a Resolution for the Approval of the Notice of Completion for the 103 Rocca Drive Retaining Wall Repair and Road Re-stabilization Project e. Adopt a Resolution for the Approval of the Notice of Completion for the Tamalpais/Berry Retaining Wall Repair and Road Re-stabilization Project f. Adopt a Resolution Amending the Memorandum of Understanding (MOU) with Marin Open Space Trust (“MOST”) regarding the Property Commonly Known as the Wall Property (“Property”) in Order to update the Expense section to add a payment of $5,500 from the Town to MOST for a portion of the Phase 1 geological investigation that was unintentionally missed in the MOU approved on May 22, 2024 g. Waive Second Reading, Read by Title Only, and Adopt Ordinance 891 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’).
CEQA: Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to categorical exemption number 15301, Existing Facilities h. Waive Second Reading, Read by Title Only, and Adopt an Ordinance Repealing Town Code §2.08.040 Procedure in Absence of Quorum from the Town Code i. Waive Second Reading, Read by Title Only and Adopt an Ordinance Repealing Town Code Article III of Chapter 5.56 Cannabis Deliveries, Section 5.56.300 Adult-Use Cannabis Deliveries by Certain Existing Medical Marijuana Dispensaries; and Repealing and Replacing Town Code Section 5.56.170 Application of This Article to Existing Medical Marijuana Dispensaries, with Application of This Article to Existing Medical Cannabis Retailer, Allowing the Marin Alliance for Medical Marijuana (MAMM) to Relocate to 1591- 1593 Sir Frances Drake Blvd Upon Fulfillment of Certain Requirements j. Waive Second Reading, Read by Title Only, and Adopt an Ordinance Adding Chapter
9.30 Camping on Public Property, to Title 9, Public Peace, Morals and Welfare of the Town Code.
M/S, Coler/Hellman, Motion to approve the Consent Calendar, minus Items b, g, and j which will be voted upon separately. She recommended directing the Deputy Town Clerk to listen to the audio recording for the November 19th minutes, ensure comments attributed to Cindy Swift and Cindy Ross are correct and updated, and Vice Mayor Hellman stated it was she who left the meeting.
AYES: Coler, Vice Mayor Hellman, Mayor Blash
NOES: Egger, Ghiringhelli
Items for Separate Approval from the Consent Calendar:
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b. Approve minutes for the November 6 and November 19, 2024 Town Council meeting M/S, Coler/Ghiringhelli, Motion to approve Item b, with the revisions for the November 19, 2024 meeting with direction to the Town Clerk to listen to the tape and hear comments attributed to Cindy Ross that stated Cindy Swift.
AYES: Coler, Vice Mayor Hellman, Mayor Blash
NOES: None
ABSTAIN: Egger, Ghiringhelli
g. Waive Second Reading, Read by Title Only, and Adopt Ordinance 891 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’).
CEQA: Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to categorical exemption number 15301, Existing Facilities.
M/S, Coler/Blash, Motion to approve Item g on the Consent Calendar.
AYES: Coler, Vice Mayor Hellman, Mayor Blash
NOES: Egger, Ghiringhelli
j. Waive Second Reading, Read by Title Only, and Adopt an Ordinance Adding Chapter
9.30 Camping on Public Property, to Title 9, Public Peace, Morals and Welfare of the Town Code.
M/S, Coler/Ghiringhelli, Motion to approve Item j on the Consent Calendar.
M/S, Coler/Ghiringhelli, Motion to approve
AYES: Egger, Ghiringhelli, Vice Mayor Hellman
NOES: Coler, Mayor Blash
Waive the 10:00 p.m. rule
M/S, Coler/Ghiringhelli, Motion to waive the 10:00 p.m. rule.
AYES: Egger, Ghiringhelli, Coler, Vice Mayor Hellman, Mayor Blash NOES: None
Council Reports and Comments:
Mayor Blash announced that Council Reports are included in writing in the Consent Calendar.
Future Agenda Items
Councilmembers discussed previously suggested items to be included on future agendas, protocol for adding items, and made recommendations for items to be considered for future agendas.
Mayor Blash opened the meeting to public comments.
Mark Bell suggested an item of hiring a forensic accountant to review the Town’s books and explained why.
Todd Greenberg asked about the budget, and a Citizens’ Budget Oversight Committee. 9 January 9, 2025 Town Council Meeting Minutes
Michael Mackintosh echoed Mr. Bell’s comments and asked for a list of credit cards users.
A speaker shared an experience she had said she sent an email to the Town Manager, which the Town Attorney responded to which cost the Town $143.
Emily asked for an item about Councilmember training.
Deb asked for the Council to review Robert’s Rules of Order, specifically friendly amendments.
Joe suggested a future agenda item to discuss a plan to help the members of the homeless encampment.
Town Manager’s Report
Town Manager Abrams reported on an issue with Pacific Gas & Electric’s tree trimming contractor, the Fire Station 21 remodel project, Town Hall phone upgrades, and reminded the Council about their upcoming Strategic Planning Retreat scheduled for February 12th.
Councilmembers asked questions about the Fire Station 21 project.
Mayor Blash opened the meeting to public comments.
Todd Greenberg commented on the Fire Station 21 project, asked for penalties under the tree ordinance for offenders, questioned the Town Hall phone upgrade.
Michael Mackintosh made suggestions about the bidding and contracting process.
Adjournment
The meeting was adjourned at 10:44 p.m. In memory of Joe Garbarino.