1 April 2, 2025 Town Council Meeting Minutes
Fairfax Town Council Minutes
Regular Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via teleconference
Wednesday, April 2, 2025
Call to Order/Roll Call:
Mayor Blash called the Special Meeting to order at 5:50 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
Rico Tabaranza, Police Chief
Special Meeting at 5:50 p.m. to Conduct Interviews & Consider Appointments In-person at the Fairfax Women’s Club.
1. Conduct Interviews and Consider Appointments to the Artist-in-Residence for a Two-Year Term
2. Adopt a Proclamation Recognizing Artist-in-Residence Susan Pascal Beran M/S, Coler/Hellman, Motion to appoint David Porcello, Sharon Virtue and Stephanie Mohan to the Artist-in- Residence (AIR) Collaborative.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
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:
Mayor Blash requested removal of Item 3.e from the Consent Calendar.
M/S, Coler/Ghiringhelli, Motion to approve the agenda.
AYES: Egger, Ghiringhelli, Coler, Vice Mayor Hellman, Mayor Blash NOES: None
Town Attorney Coleson reported from the Closed Session that a hearing was held yesterday.
Another hearing will be held on May 20, 2025, and the Town will be following the judicial court process.
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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
Cindy Swift, Cascade Canyon Firewise Neighborhood Steering Committee, reported that May 3rd is National Wildfire Community Preparedness Day and an in-person wildfire education event will be held in the Women’s Club.
Jody Timms described her reasons she opposes the recall petition.
Doug Kelly spoke of AB 2449 and said a Planning Commissioner has been attending meetings remotely more than twice without just cause or emergencies.
Richard Pedemonte, Baywood Court, voiced concern to see a recall is underway, and asked the Council to work as a team.
Mark Bell complained he could not comment under Future Agenda Items at the last meeting.
Town Attorney Coleson provided clarification that the Manager’s Report and Future Agenda Items are a one-way flow of information by the Council and Town Manager.
Michael Mackintosh opposed the Town Attorney’s opinion and described a proposed tax measure by the school district.
Deborah Benson questioned the Town’s use of credit cards and asked that financial statements include a report.
Mayor Blash asked and confirmed the Council will discuss this during the budget discussions starting April 18th. Town Manager Abrams commented that, while not required, the credit card information has been included in this packet and the previous packet.
Jo Carson described better sustainable approaches to the School Street Plaza development and future housing developments in Fairfax.
Marlene Roeggow acknowledged all Councilmembers for their service and voiced concerns with Councilmembers’ talk of challenging the State’s housing laws, noting other cities have not succeeded in lawsuits.
Michael Rosenthal opposed the recall efforts and suggested the Council work together to convince their State Senator and Assemblymember to change housing laws.
Gail Hagen spoke in favor of the Mayor and Vice Mayor and described her objections to recall efforts against them.
Kelly Harvard voiced support of Measure E renewal of the existing school parcel tax.
Jessica Kay, RVSD parent, spoke in favor of the renewal of Measure E.
Derrick Aschbacher, Fairfax, voiced opposition to the recall efforts of Mayor Blash and Vice Mayor Hellman.
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Gina Eda opposed the recall efforts, spoke about the loss of grants in 2015 for a housing project and delays caused by opposition. She thanked (then resident) Lisel Blash for standing up for what is now Victory Village.
Kristen invited everybody to a joint forum by the Marin County Commission on Aging and Emeritus students at College of Marin, as well as a Commission meeting and presentation will occur on April 14th.
Dorothy Bedecarre described her reasons she opposes any recall election and thanked the Council for their service.
Kevin raised concerns about the School Street Plaza developer’s SB 330 application not meeting State law requirements.
Cindy Ross voiced concerns with hostility and hidden agendas of those promoting the recall.
P.J. Feffer voiced support for Measure E.
Public Hearing
1. Introduce and Read by Title Only an Ordinance to Amend Chapter 17.048 (Residential Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Fairfax Municipal Code to Comply with Recent Changes in State Law
CEQA Statutorily Exempt: Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a town implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law, as defined by section 66313.
Mayor Blash opened the public hearing.
Planning Director Jeff Beiswenger gave the staff report and PowerPoint presentation regarding Council consideration of an ordinance which makes amendments to Chapter 17.048 (Residential Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with recent changes in State law; AB 2533, and SB 1211.
He pointed to a supplement that deletes paragraph 4 on page 3.D.1.a. On page 5.D.2.c, a long paragraph describes processing fees, and he noted ADUs are only required to pay 50% of the fees and there is an extended amnesty period without the benefit of a permit.
Council Member Coler asked to confirm that rent reporting for ADUs was voluntary. Mr.
Beiswenger said in the future, HCD may look for more evidence as to how the Town categorizes units, but currently self-reported information is required where staff asks owners about the amount charged for rent.
Mayor Blash opened the meeting to public comment.
Todd Greenberg voiced concerns with someone’s ability to rent in the future via restrictions on ADUs. He asked the Town to make it easy to produce ADUs and not rent control.
Mark Bell echoed the previous speaker’s points on a robust ADU program and asked for numbers of units built.
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Michael Mackintosh opposed requiring people to disclose how much they pay in rent and their name, suggested the Fire Department be involved relating to evacuation routes, and for ADU data related to traffic.
Mallory Geitheim agreed with speakers, spoke about development and noted the Council had previously looked at where housing could be built which included ADUs.
Kay asked if there were size limits on ADUs, questioned criteria to report Housing Element numbers, and asked if the 14 permits of ADUs were completed.
Sierra Salin questioned size constraints of having a number of ADUs on a property and whether the owner must live on the property to have an ADU built, asked about units built in the past on the hill, and questioned the definition of “affordable.” Mayor Blash closed the public hearing and turned to Council deliberation. She identified questions from the public: 1) Regarding ADU production, she believes the Council approved its annual progress report where the ADU numbers were included and 14 ADUs have been finalized in total; 2) Regarding how large an ADU could be, information is correct on ADUs that are a conversion of existing space. For new construction, limits would apply; and 3) Regarding whether the owner needs to live on the property with one or more ADUs and how many are allowed on a property, for a multi-family zoned property there can be up to 8 ADUs but there cannot be more ADU units than what already exists on the property. If it is a JADU, the owner must live on the property. If an ADU, the owner does not need to live on the property.
Councilmember Egger asked and confirmed there is a cap of 8 ADUs on a multi-family zoned property; maximum square footages for one-bedroom are 850 square feet and two-bedroom units are 1,200 square feet; creek setbacks still apply at 20 feet; connection to sewer and septic systems are allowable in certain areas; and there is no restriction of ADUs built anywhere in town.
Councilmember Ghiringhelli voiced opposition to the State’s mandate for building greater densities.
Councilmember Coler requested continuing the incentive program through to January 1, 2045 and supports the 50% fees for ADUs to encourage development of ADUs and JADUs.
Vice Mayor Hellman agreed and confirmed with staff that rental data could be made anonymous when owners reply back. Mr. Beiswenger recommended adding a sentence as “C” under Rent Reporting that states, “The data will be anonymous.” He also confirmed with Councilmember Egger that sewer systems and legalization of units fall under standard Build Code requirements and that ADUs can be counted towards the Town’s RHNA.
M/S, Coler/Hellman, motion to Waive First Reading, Read by Title Only, and Introduce an Ordinance to Amend Chapter 17.048 (Residential Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Fairfax Municipal Code to Comply with Recent Changes in State Law, as amended to make a change to the Supplement, Number 4 under D; Approvals, under ADU Permit; C, to make the incentive program to expire on January 1, 2045; to add C to Number 9; Rent Reporting, to state, “The data will be anonymous.”
AYES: Coler, Vice Mayor Hellman, Mayor Blash
NOES: Egger and Ghiringhelli
Regular Agenda
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2. Introduce and Read by Title Only an Ordinance to Designate Fire Hazard Severity Zones in Local Responsibility Areas and Adopt a Resolution Scheduling a Public Hearing on May 7, 2025
Fire Chief Dan Mahoney introduced Senior Fire Inspector Rob Bastianon who gave the staff report and provided a PowerPoint presentation regarding the Fire Hazard Severity Zones in LRAs (Local Responsibility Areas), Zone Zero.
Councilmembers posed questions and received replies from Chief Mahoney and Inspector Bastianon regarding areas located in the High Fire Severity Zones, Moderate Severity Zones and High Fire Severity Zones, areas that are undesignated but are in the Wildland Urban Interface Area, the process for all Marin cities’ adoption of the ordinance, work by Cal Fire on mapping, non-urban areas which were not taken into consideration, and requirements for building of ignition-resistant materials and WUI-compliant products.
Mayor Blash opened the meeting to public comment.
Sierra Salin said he feels better and safer knowing that portions of the Town are in moderate fire danger and not high fire danger any longer.
Rick Hamer spoke about housing above retail spaces along Sir Francis Drake which are now in either high or moderate fire danger zones.
Michael Mackintosh asked that his property be excluded from the moderate fire zone due to defensible space work done and to confirm the ability for all residents to evacuate.
Mark Bell suggested State legislators hear this presentation and described an incident which blocked traffic in town from a traffic light outage.
A speaker spoke about the fact that green zones cool the Earth and removing vegetation drives up heat, and questioned long-term impacts.
Todd Greenberg asked for a copy of the model being used by Cal Fire to determine mapping and to reassess what belongs in the maps.
Mallory Geitheim thinks a moderate fire would spread and become a severe fire given the Town’s landscape, and voiced evacuation concerns.
Kay asked the Town to designate Peri Park for no open flames, reported Marin Pacific Insurance is canceling all insurance in California, and asked if she can require her neighbor to cut vegetation between their less than 5-foot side yard properties.
Richard asked whether insurance companies that have their own modeling are entitled to review the Cal Fire maps, said he is struggling to get new insurance, and also asked if he could do anything about a high fire threat area with his neighbor. 6 April 2, 2025 Town Council Meeting Minutes
Mayor Blash recapped questions asked and confirmed that the moisture content and species of the fuel load will increase hazard as it dries out and the greener it is, the less likely it is to catch fire; that not all vegetation will be clear cut so there will still be shaded areas; there are laws that require cities to make these changes as well as more in the future; insurance companies are basing their modeling on risk and not hazard; there is an on-line hazard complaint form on www.rossvalleyfire.org where homeowners can report risks; confirmed that the fire hazards are taken into account for urban areas of over 20 acres; and there is a QR code and FAQ where people can learn how Cal Fire came up with the maps, and she suggested a motion.
M/S, Coler/Ghiringhelli, motion to Introduce and Read by Title Only an Ordinance to Designate Fire Hazard Severity Zones in Local Responsibility Areas and Adopt a Resolution Scheduling a Public Hearing on May 7, 2025.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
BREAK
Mayor Blash called for a 5-minute break at 8:53 p.m. and thereafter reconvened the meeting at 9:00 p.m.
3. Authorize Town Manager to execute Professional Services Agreement with Bureau Veritas to provide Town of Fairfax with Facilities Condition and Needs Assessment for Town Facilities in the amount of $36,312
Planning Director Jeff Beiswenger gave the staff report and PowerPoint presentation, stating staff recommends the Council adopt a Resolution authorizing the Town Manager to execute a Professional Services Agreement with Bureau Veritas to provide Town of Fairfax with Facilities Condition and Needs Assessment for Town Facilities in the amount of $36,312.
Councilmember Egger voiced concerns with hiring consultants, and Mr. Beiswenger commented that the firm and its staff specialize in this work with software, modeling, and technical expertise and staff are not trained to undertake the work.
Vice Mayor Hellman agreed. She asked and received feedback from the Town Manager on the reasons why it is valuable for a city to undertake such an assessment.
Councilmembers then discussed coordinating the Fire Department’s information into the program, Confirmed the Town budgeted for this work, and that data is provided over a three-year period where seven buildings will be evaluated with progress tracked.
Mayor Blash opened the meeting to public comment.
Michael Mackintosh opposed the hiring of a consultant.
Mark Bell thinks FEMA grants will be obsolete, said $36,000 can go far in paying Public Works employees or local contractors that know the Town’s buildings.
Rick Hamer said the company is a worldwide corporation and asked that the Town consider hiring a local consultant, and thinks $145/hour for the work is reasonable.
Todd Greenberg opposed hiring a consultant, and said the Town is in a deficit.
Sean Fitzgerald said the reason for the consultant is its importance to secure grants and questioned if a consultant was used to assess other town projects. 7 April 2, 2025 Town Council Meeting Minutes
Liz Froneberger agreed with speakers that the Town does not need to spend money for this and believes Public Works staff has the expertise.
Ling Shen Bell opposed expenditure of funds for a consultant.
A speaker asked for input from the Public Works Department as to whether they are qualified to do this.
Jenny commented on the tone of the meeting and asked if the Public Works staff believe they are qualified to do this work and cited issues of liability and standards that need to be adhered to.
Mayor Blash clarified the bid process for proposals for consulting services and public works projects, and she confirmed the Town is not in an operating deficit.
Councilmembers then expressed their individual position of support and opposition.
M/S, Coler/Blash, motion to adopt a Resolution authorizing the Town Manager to execute a Professional Services Agreement with Bureau Veritas to provide Town of Fairfax with Facilities Condition and Needs Assessment for Town Facilities in the amount of $36,312.
AYES: Coler, Vice Mayor Hellman, Mayor Blash
NOES: Egger, Ghiringhelli
Councilmember Coler requested the Charter City discussion be moved to the May meeting, given it is nearing 10:00 p.m.
Councilmember Egger supported continuance and provided an update on a Charter Cities lawsuit, and Town Attorney Colson said she could provide a written update on the case for the May meeting.
Mayor Blash opened the meeting to public comment.
Todd Greenberg opposed spending money on the Town Attorney to provide an update.
Rick Hamer agreed and asked to hold off spending more money on the Town Attorney’s work.
Waive the 10:00 p.m. Rule
M/S, Coler/Egger, Motion to waive the 10:00 p.m. rule and continue the meeting, moving Item 4; the Charter City discussion, to the May meeting and schedule the matter to be heard near the beginning of the agenda.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
4. Discuss Transitioning to a Charter City and Provide Direction to Staff This item was moved to the May Council meeting.
Consent Calendar
a. Receive Financial Statement and Disbursement Reports for February 2025 b. Approve Minutes for the January 16 Town Council meeting 8 April 2, 2025 Town Council Meeting Minutes
c. Receive written report on Councilmembers’ assignments, committees, and activities in February 2025
d. Receive Climate and Environment Quarterly Report
e. Receive the Climate Action Coordinator’s Compliance List f. Adopt a Resolution Authorizing Temporary Road Closures for Various Chamber of Commerce Events Throughout the 2025 Calendar Year, and Approving Sponsorship of the Closures
g. Adopt a Resolution Authorizing Execution of an Agreement with the State Department of Transportation for Funding
h. Adopt a Resolution to Retire the Community Emergency Preparedness Committee i. Authorize the Mayor to Sign Energy Efficiency Coalition Letter of Support j. Consider Reappointments to the Tree Advisory Committee k. Adopt a Proclamation Recognizing Fair Housing Month
Mayor Blash opened the meeting to public comment.
Mark Bell commented on Item e and questioned work done by the Climate Action Coordinator.
Todd Greenberg requested items be numbered, Councilmembers reports be verbal, commented on Item b., and sustainability in town.
Mark Mackintosh asked for a Council discussion on how the Consent Calendar should be handled and what criteria are available for the public to remove items.
Deborah Benson commented on an error regarding Item b, asked questions about Item a., and asked for more details in the Cal Card credit card reporting.
Councilmember Coler thanked members on the Community Emergency Preparedness Committee, described MCE’s efforts with the CPUC and Governor against cutting of energy efficiency monies, and provided an update on the MCCMC Legislative Committee.
M/S, Coler/Blash, Motion to approve the Consent Calendar.
AYES: Coler, Egger, Vice Mayor Hellman, Mayor Blash
NOES: Ghiringhelli
Future Agenda Items
1. Discussion about Fairfax becoming a Charter City;
2. Discussion on revising park rules;
3. Discussion on e-bike ordinance;
4. Discussion about potentially adopting action Council minutes;
5. Hold a joint workshop with the Planning Commission on new housing laws;
6. Discussion regarding safety issues in downtown such as reducing speed limits, putting in additional crosswalks, etc.;
7. Discussion of formation of a Bicycle and Pedestrian Advisory Committee;
8. Consideration of cannabis applications that will go to the Planning Commission and to the Council in July
Council Reports and Comments:
Mayor Blash announced that Council Reports are included in writing in the Consent Calendar.
Town Manager’s Report
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Town Manager Abrams had no report.
Continuation of Open Time:
Todd Greenberg cited a section of the Government Code.
Bob Mittelstaedt, E-Bike Access, spoke about his written comment regarding Super 73’s.
Adjournment
The meeting was adjourned at 10:55 p.m. in memory of John Hart, Gary Goddard, and Jesse M.
Salcedo.