1 December 4, 2024 Town Council Meeting Minutes
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DRAFT
Fairfax Town Council Minutes
Regular Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via teleconference
Wednesday, December 4, 2024
Call to Order/Roll Call:
Mayor Coler called the Regular Meeting to order at 6:30 p.m.
COUNCILMEMBERS PRESENT: Bruce Ackerman (outgoing)
Lisel Blash, Vice Mayor
Barbara Coler, Mayor
Chance Cutrano (outgoing)
Stephanie Hellman
Frank Egger (incoming)
Michael Ghiringhelli (incoming)
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
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, Cutrano/Ackerman, 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.
Open Time for Public Expression:
Bob Middlestead requested the Council agendize the matter of Super 73 E-Bikes and discuss youth parking them at 9 Glen Drive.
Mark Bell spoke about the use of the Brown Act, referred to Item 20 from the November 6th meeting, and asked for costs relating to the failed bond measure.
Sean Fitzgerald spoke about encampments and read a letter from someone who experienced homelessness.
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Denise Armani voiced appreciation for both Councilmember Cutrano and Councilmember Hellman for their service and spoke about her feelings of the Town, election results, national cuts, rent hikes, and evictions.
Claire Armitage asked for equitable treatment for Fairfax residents, spoke about transparency, narrow viewpoints, and distrust of elected officials.
Wendy asked the Council to work together, be inclusive, and listen to its residents.
Kathy Flores supported Frank Egger as Mayor and welcomed new Councilmembers.
Liliana L. thanked all Town Councilmembers for their service, spoke about affordable housing strategies, and the traffic on School Street.
A speaker spoke of issues related to the war in Gaza, tax dollar spending, and rent stabilization.
Rebecca shared a personal story, asked for beds for the homeless, policies, and for things to change.
Karen commented about traffic congestion, and asked how the Town would address additional infrastructure and housing given development moving forward.
Doug asked for new speakers in the Chambers and said it is hard to hear comments in the back of the room.
Presentations:
• Proclamation Recognizing Councilmember Bruce Ackerman for His Service • Proclamation Recognizing Councilmember Chance Cutrano for His Service • Proclamation Recognizing Mayor Barbara Coler for Her Service • Proclamation Recognizing the 10 Year Anniversary of the Climate Action Committee • Citizen of the Year Award Acceptance for Sandra Adler Killien Sandra Adler Killien described her time in Gaza. She asked to pressure the President to enact an immediate arms embargo for offensive weapons and a cease-fire, and ended her comments by reading a statement from a 23-year-old nurse.
Mayor Coler opened the meeting to public comments.
The following speakers acknowledged proclamations for the work done by Council Members and/or Ms. Alder Killien, and/or the Climate Action Committee:
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Michael Mackintosh
Susan Adams
Jody Timms
Renee Goddard
Wendy
Ronnie Cruzman
Unnamed Speaker
Naomi Schultz
Chris Morales
Veronica Garretts
Laura
Curt
Julie Leggert
Mark Bell
Deb London
Rover Curado
Richard Applebaum
Chad Plummer
Susan
PJ Feffer
Joe
Norm Anderson
Maraya Cleary
Mayor Coler, Vice Mayor Blash, and Councilmember Hellman thanked Councilmembers Ackerman and Cutrano for their service and provided comments on their contributions, commitment, and work.
Councilmembers Ackerman and Cutrano both provided thanks and parting comments.
Regular Agenda:
2. Adopt a Resolution Reciting the Fact of the General Election held on November 5, 2024 Election – Deputy Town Clerk Christine Foster
Deputy Town Clerk Christine Foster presented the certification of the November 5, 2024 General Election. The Marin County Registrar of Voters officially certified the election results yesterday, so a supplement has been provided in the packet with their certified results. As stipulated by law, once the election results are certified, the terms of those Councilmembers who were not reelected will be free to step down from the dais following the vote on this item.
Mayor Coler opened the meeting to public comments.
Michael Mackintosh thanked Frank Egger and Michael Ghiringhelli for stepping back in.
Todd Greenberg thanked everybody who ran for the election, spoke about voting statistics of candidates and the three ballot measures, and asked that Frank Egger be Mayor.
Lisa Sirebella shared that she voted for Mike Ghiringhelli and Frank Egger.
Deb London suggested that a break not be taken and asked to complete the swearing-in process because people would like to leave.
Deborah Benson said she had to leave because the meeting was taking too long. She hopes the Council can work together with new Councilmembers.
P.J. Feffer expressed his hope that someday there will be a representative democracy, and spoke about under-voting.
Chad disputed the idea that Measure J was unpopular as it just fell short of the 2/3 required vote and hopes the Council will find a way to work on infrastructure in the Town.
Mayor Coler entertained a motion.
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M/S, Cutrano/Blash, Motion to adopt a Resolution Reciting the Fact of the General Election held on November 5, 2024 Election.
AYES: Ackerman, Cutrano, Hellman, Vice Mayor Blash, Mayor Coler NOES: None
BREAK
Mayor Coler called for a break at 9:02 p.m. and, thereafter, reconvened the regular meeting at 9:15 p.m.
3. Administer Oath of Office to Elected Public Officers – Deputy Town Clerk Christine Foster Deputy Town Clerk Foster administered the Oaths of Office to Mayor Barbara Coler, Frank Egger, and Michael Ghiringhelli.
Mayor Coler opened the meeting to public comments.
Todd Greenberg spoke about the Oath of Office adherence.
Valerie Hood congratulated and thanked new Councilmembers Ghiringhelli and Egger for running a wonderful election.
Deb London thanked new Councilmembers Egger and Ghiringhelli and said she is looking forward to a new path forward.
A speaker congratulated new Councilmembers and said she hopes the Council will work together, noted she was kicked out of an establishment because she was talking to a homeless person.
Michael Mackintosh asked the Council to listen to everyone’s opinions.
A speaker congratulated the two new Councilmembers and hopes the Council can stick to local issues.
E. Bush congratulated new Councilmembers Egger and Ghiringhelli and urged the new Town Council to have citizen oversight committees.
4. Reorganization of the Town Council: Selection of Mayor and Vice Mayor – Deputy Town Clerk Christine Foster
Deputy Town Clerk Foster gave the staff report and stated the Council has discretion for the selection of these two positions and she recommended taking public comment on the item.
Mayor Coler opened the meeting to public comments.
The following speakers supported Councilmember Egger being selected as Mayor, or Councilmember Ghiringhelli and Councilmember Egger being selected for Vice Mayor and Mayor:
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Doug
Michael Mackintosh
Unnamed Speaker
Mark Bell
Mallory
Ling Shen Bell
Deb London
Pamela Meggs
Todd Greenberg
Valerie
Sean
Hillary
Kiersten Asher
Lynn Yetter
Deborah Benson
Jane
The following speakers supported following the traditional protocol of the selection of the Mayor and Vice Mayor:
Unnamed speaker
Naomi
Liliana Levetso
Chad
Jody Timms
Sandy
PJ Feffer
Rick Hamer
Richard
Kevin
Ted Hellman
Joe
Roger Marsten said he voted for Frank Egger and Michael Ghiringhelli, described points of contention and power dynamics, asked for collaboration, and pointed out that the Mayor only facilitates the meeting.
Councilmember Ghiringhelli made a motion to nominate Frank Egger as Mayor. He said he does not need to be Vice Mayor, but asked the Council to support Frank Egger as Mayor.
Councilmember Egger seconded the motion and said Fairfax is a General Law town and the Council selects the Mayor.
M/S, Ghiringhelli/Egger, Motion to nominate Frank Egger to be the Town’s next Mayor.
AYES: Egger, Ghiringhelli
NOES: Hellman, Vice Mayor Blash, Mayor Coler
Councilmember Egger spoke about Vice Mayor Blash who was elected two years ago, employed by the Marin Environmental Housing Collaborative. He voiced concern that there may be a conflict of interest by making Vice Mayor Blash Mayor at this time.
Mayor Coler clarified that Vice Mayor Blash resigned from the Marin Environmental Housing Collaborative before she took her seat on the Council so there is no conflict.
M/S, Coler/Hellman, Motion to nominate Vice Mayor Lisel Blash serve as Mayor.
AYES: Hellman, Vice Mayor Blash, Mayor Coler
NOES: Egger, Ghiringhelli
M/S, Coler/Blash, Motion to nominate Councilmember Stephanie Hellman to serve as Vice Mayor.
AYES: Hellman, Vice Mayor Blash, Mayor Coler
NOES: Ghiringhelli
ABSTAIN: Egger
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The Council reseated themselves at the dais and recognized Mayor Blash and Vice Mayor Hellman.
Vice Mayor Coler suggested a motion for the 10:00 p.m. rule.
M/S, Coler/Blash, Motion to waive the 10:00 p.m. rule.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
Mayor Blash welcomed Mr. Egger and Mr. Ghiringhelli to the Town Council, highlighting their unique skills and perspectives. She emphasized unity, urging the Council to work for the good of Fairfax, engage in civil and thoughtful deliberations, and avoid divisiveness. Reflecting on national political challenges, she stressed the importance of modeling civil discourse, ethical conduct, and compassion while holding one another accountable in their demanding roles.
That said, Mayor Blash recommended moving the Marin Sanitary presentation until after the item on homelessness because she believes many people might be here for that item. She asked and confirmed that most people were present to hear the Marin Dispensary item and a few for the homelessness item. Therefore, she suggested moving the Dispensary item forward.
M/S, Coler/Hellman, Motion to move Item 7 forward to be heard before Item 5.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
7. Introduction of 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 – Town Attorney Janet Coleson
Town Manager Heather Abrams gave the staff report and PowerPoint presentation.
Councilmembers asked questions of Town Manager Abrams and Town Attorney Coleson regarding noticing of this item, Maria Alliance business history, Conditional Use Permit requirements, ordinance adoption timeline, Planning Commission involvement, business distance requirements, and then Mayor Blash called upon the applicant.
Larry Bragman, Attorney for Marin Alliance, and Lynnette Shaw, Owner of Marian Alliance thanked the Council and responded to questions from the Council, provided an in-depth history of the business, described hardships, explained that the proposed business location is in foreclosure and will be up for auction next week, and discussed the State’s evolving regulations. 7 December 4, 2024 Town Council Meeting Minutes
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Councilmembers continued asking questions regarding parking, medical and adult-use delivery permits, rezoning, timeline of the ordinance and future application from Marin Alliance, and review of the Planning Commission. Larry Bragman, Attorney for Marin Alliance, thanked the Council for expediting its consideration, said Ms. Shaw has been in business for over 20 years starting out with 84 conditions which was later reduced to 62 conditions because she complied with all conditions back in 2000. Since then, she has complied with all conditions and terms of her CUP at School Street and is being forced to move through no fault of her own. As far as distances at the new location, it is 275 feet by measurement from the tutoring center and about 290 feet from the Little Caterpillars daycare, so it is a very small difference from the 300-foot discretionary local zoning requirement. He believes a variance would be in line with the Town’s discretion.
Mayor Blash opened the meeting to public comment.
The following speakers supported the relocation of Marin Alliance to 1591-1593 Sir Frances Drake Blvd:
Richard Hertz
Greg Anton
Michael Mackintosh
Unnamed speaker
Kay
Mark Bell
Leland Cole
E. Bush
David Hapner
Todd Greenberg
Mallory Geitheim
Unnamed Speaker
Deb London
Pamela Meggs
Doug Kelly
Court
Unnamed Speaker
The following speakers opposed the relocation of Marin Alliance to 1591-1593 Sir Frances Drake Blvd:
Matthew Greenberg
Judy Berger
Matt Beltz
Joe Hanson
Gabe Robinson
Eric Moss
Unnamed Speaker
Ali
Kelsey
Bridget
Elizabeth
Kevin
Mayor Blash asked and confirmed staff sent courtesy notices to every property within 300 feet, so this includes San Anselmo. Also, staff also had communications with San Anselmo that this process was occurring so they are aware. Kailin Martinez, Associate Attorney at Seligson Law, said they are counsel for Ms. Shaw in the civil lawsuit filed in Marin County involving several of the individuals opposing her tonight, including Mr. Walker, his son Clinton Walker, Mr. Heaton, Mr. Greenberg, and their entity to our venture. They are here because Ms. Shaw’s landlord is planning to sell and redevelop the property where she has been operating since 1997. She has served communities, has never shied away from a fight, including the fight she won against the federal government which allowed her to re-open in 2011 after undue targeting. 8 December 4, 2024 Town Council Meeting Minutes
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Similarly, it is her belief these men are opposing Ms. Shaw and targeting her because of the business deal gone awry in 2019. This is the basis for their opposition. The statements asserted as fact are in dispute and the Walker’s lodged letter acknowledges that this group invested in Marin Alliance and are currently in litigation with Ms. Shaw. This opposition is motivated by their personal financial disputes and vendetta rather than a genuine concern for the community or regulatory integrity, all of which will be decided by the Marin County Superior Court. There is a clear conflict of interest that should not influence this Town’s decision-making process for what is at issue tonight. The Town has a vested interest in supporting this long-standing operator who significantly contributed to her community.
The financial and tax challenges Ms. Shaw faces must be considered in context. The State compliant cannabis businesses have faced unworkable financial constraints. While good intentioned, many of the State and local regulations have disproportionately affected legacy operators like Ms. Shaw. This is not a unique issue and is evidence of mismanagement. In fact, regulators have heard these cries and are revising the cannabis tax rates to reduce these burdens. She has demonstrated a consistent effort to remain compliant with State and local regulations.
Mayor Blash called for a motion to continue the meeting beyond 11:00 p.m.
M/S, Coler/Hellman, Motion to continue the meeting beyond 11:00 p.m.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
Mayor Blash brought the matter back for Council deliberation.
Following Councilmember questions and comments regarding traffic, noticing, the buffer zone, CUP requirements, and business permit requirements, Town Attorney Coleson proposed modifications if the Council was interested. If the Council wants to do a first reading on the ordinance tonight, she has some modifications for the three provisions that will allow an application for a CUP for a medicinal storefront. She understands there is also delivery associated with that medicinal storefront. Then, also obtaining two permits like Ms. Shaw has right now; one for the medicinal storefront, a cannabis business permit, and a cannabis business permit for an adult use delivery only at the same location. She can read into the record the changes, as follows:
• Section 5.56.170, number 1: No changes;
• Strike number 3 entirely;
• Under Number 2, after we have gone through number one which is the CUP for the medicinal storefront, Number 2 states, “Obtain a permit for a medicinal use storefront and do not use delivery only retail or permit to be operated at the same location as the medicinal use storefront, pursuant to Town Code Chapter 5.56; Cannabis Businesses, with the exception of the requirement of participating in a competitive process pursuant to Town Code Section 5.56.070 and in conformance with Town Code Chapter 17.110; Cannabis Uses as the owner operator’s current permits are not transferable to a new location pursuant to Town Code Section 5.56.130.” Then, “Fees for the Required Permits shall be prorated according to the amount of time remaining on the existing permits.” • The CUP application would go to the PC for a medicinal storefront, also medicinal delivery, and two permits—cannabis business permits; one for medicinal storefront, one for adult use delivery.
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Councilmember Coler pointed to a correction which states, “The foregoing ordinance was introduced at a regular meeting” and not a special meeting, and otherwise, voiced support of Ms.
Coleson’s changes.
Town Attorney Coleson asked if Mr. Bragman heard these changes read into the record and asked if he was comfortable with that.
Mr. Bragman said he provided a draft with some different changes, but he is comfortable with the Town Attorney’s judgment and thinks she has covered it so it allows transfer. Town Attorney Coleson clarified it is not transferable, but Ms. Shaw can get new cannabis business permits; one for the medicinal storefront and one for the adult use delivery only just like she has right now so it covers both sides of the business.
Mr. Boyd, a consultant for Marin Alliance said because they currently have provisional licensing under the State, this allows them to move their license with the State.
Town Attorney Coleson clarified these are two separate licenses.
Councilmember Coler made a motion, with amendments as read by the Town Attorney.
Councilmember Egger questioned the inclusion of Number 2; recreational. Town Attorney Coleson clarified adult use delivery only is in Number 2 which allows Ms. Shaw to obtain a permit both for the medicinal cannabis storefront as well as medicinal delivery, and adult use delivery only at the same location which is synonymous with adult recreation.
M/S, Coler/Ghiringhelli, Motion to waive first reading and read by title only and introduce 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, with the amendments to the Ordinance read into the record by the Town Attorney.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman
NOES: Mayor Blash
Mayor Blash asked and confirmed the Council will hear Item 5 next, and Vice Mayor Hellman noted the time as 12:30 a.m., wondered if Item 6 would be heard given the hour, and asked for options.
Town Manager Abrams said one option is to simply have a vote on Item 5 without the presentation. The rate adjustment is 3.53% or the Council can continue the item until January and not to take Item 6.
Councilmember Coler suggested not hearing the presentation and then receive public comments.
She asked for a show of hands to talk about Item 6; the anti-camping ordinance. Potentially they could return in two weeks. The Council agreed to hear Item 5.
5. Receive a Presentation, Conduct a Public Hearing, and Adopt a Resolution Approving Marin Sanitary Service Rates – Town Manager Heather Abrams Town Manager Abrams suggested calling for public comments and then having the vote. 10 December 4, 2024 Town Council Meeting Minutes
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Mayor Blash opened the meeting to public comment and public hearing.
Michael Mackintosh asked what the franchise fee is, what percentage, and whether that is changed from the 15% that was increased from 12% the prior year.
Town Manager Abrams clarified this is not the right franchise fee and it has not been escalating as a percentage.
A speaker could not tell whether this is the cost specific to Fairfax or all of the towns they serve.
MSS increased the rates by 3.53% and asked if it is necessary to cover their costs or if it creates additional revenue and profit.
Deb London said as a small retail business café, they are paying $16,000 a year for trash, with an additional amount for compostables.
Todd Greenberg asked questions about CPI raises for employees and whether franchise fees for garbage could be used for road maintenance.
Patty Garbarino, MSS, introduced her colleagues Justin, their General Manager and Jason, CFO are here, but their outreach department had to go home. On behalf of the 260 colleagues, they share their gratitude and thanked the Town for being able to serve the Town, spoke about compliance with all 27 agency regulations, and said their diversion rate is still the highest in the State.
Mayor Blash closed the public hearing.
Council members asked questions about residential refuse collection rates, commercial rates, impact fees, consultant fees, and whether a redemption center could be set up in Fairfax.
Town Manager Abrams replied that the impact fee and franchise fee have been stable and are 10% of the gross revenue so it is a percentage. The regulation is on the revenue so it is set up to incentivize the company to keep their costs low and it is meant to make sure there is not just escalating big jumps in rates. She confirmed that this vehicle impact fee gets transferred into the General Fund and the Council sets the appropriations and allocations for the General Fund, which funds road work.
Ms. Garbarino added that the difference between what is charged commercially versus residential is actually something that is up to the Council. The third-party rate regulator determines what is the revenue necessary to keep the operations going and the Council makes the decision as to which way that gets charged. She also noted there is a redemption center in Novato.
Town Manager Abrams also clarified that the Town does not pay the consultant to do this. The City of San Rafael contracts with the consultant and then those fees are paid out of the MSS rates.
Councilmember Ghiringhelli said there is an emergency situation in town regarding the anticamping ordinance and hopes the Council can bring that back with focus on that, such as next Wednesday. Councilmember Coler suggested this be scheduled in two weeks because there is a conflict with a very important meeting next Wednesday. 11 December 4, 2024 Town Council Meeting Minutes
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M/S, Coler/Blash, Motion to adopt a Resolution approving Marin Sanitary Service Rates to be effective January 1, 2025.
AYES: Coler, Vice Mayor Hellman, Mayor Blash
NOES: Egger, Ghiringhelli
Councilmember discussion ensued regarding scheduling a Special meeting to consider the remainder of the agenda.
M/S, Coler/Ghiringhelli, Motion to hold a Special Meeting on Wednesday, December 18, 2024 to continue remaining items which include Items 6, 8, the Consent Calendar and the rest of the agenda.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
6. This item was continued from the November 19, 2024 meeting: 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
This item was continued to a special meeting on December 18, 2024.
8. 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 This item was continued to a special meeting on December 18, 2024.
Consent Calendar:
9. Receive Financial Statement and Disbursement Reports for September 2024 – Finance Director, Michael Vivrette
10. Approve minutes for the September 4 and October 16, 2024 Town Council meetings – Deputy Town Clerk, Christine Foster
11. Receive written report on Councilmembers’ assignments, committees, and activities in November 2024 – Deputy Town Clerk Christine Foster
12. 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. – Planning and Building Services Director Jeff Beiswenger 12 December 4, 2024 Town Council Meeting Minutes
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13. Waive Second Reading, Read by Title Only, and Adopt of an Ordinance Repealing Town Code §2.08.040 Procedure in Absence of Quorum from the Town Code — Town Manager Heather Abrams and Town Attorney Janet Coleson
14. Authorize the Mayor to Send a Letter of Support for the Gate Safety Act of 2024 – Deputy Town Clerk Christine Foster
This item was continued to a special meeting on December 18, 2024.
Council Reports and Comments:
This item was continued to a special meeting on December 18, 2024.
Future Agenda Items
This item was continued to a special meeting on December 18, 2024.
Town Manager’s Report
This item was continued to a special meeting on December 18, 2024.
Adjournment
The meeting was adjourned at 12:52 a.m.
1 DRAFT December 18, 2024 Special Town Council Meeting Minutes AGENDA ITEM 3.d
DRAFT
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.
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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
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. 3 DRAFT December 18, 2024 Special Town Council Meeting Minutes AGENDA ITEM 3.d
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.
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.”
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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.
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.
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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.
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. 6 DRAFT December 18, 2024 Special Town Council Meeting Minutes AGENDA ITEM 3.d
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.
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. 7 DRAFT December 18, 2024 Special Town Council Meeting Minutes AGENDA ITEM 3.d
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.
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 Coler 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:
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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.
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.