1 May 21, 2025 Town Council Special Meeting Minutes
Fairfax Town Council Minutes
Special Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via teleconference
Wednesday, May 21, 2025
Call to Order/Roll Call:
Mayor Blash called the Special 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 & Building Services
Director
Bryn McKillop, Associate Planner
Rico Tabaranza, Police Chief
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 Statement and delivered a brief statement regarding the Town’s position, meeting protocols, and protocols on hate speech.
Regular Agenda
1. Discuss Waive First Reading, and Read by Title Only an Ordinance Adding “Chapter
10.030 - Operation of Electric Mobility Devices” to Fairfax Town Code Regarding Electric Mobility Devices
Town Manager Abrams introduced the item and proposed adding the term “micro-mobility” to clarify that the discussion concerns E-bikes and electric scooters, not disabled assistance vehicles like electric wheelchairs. Due to concerns about E-bikes, the Police Chief and staff collaborated with Marin jurisdictions to draft an effective ordinance. Talia Smith from Marin County is present to discuss the county’s model program based on this ordinance. 2 May 21, 2025 Town Council Special Meeting Minutes
Talia Smith from the Marin County Executive’s Office gave a presentation on growing concerns over teen E-bike use, rising accidents, serious injuries, differences between Class 1 to 3 E-bikes, AB 1778, emphasized issues like users tampering speed limits, the need for consistent enforcement, public education on the new laws, and outlined a proposed timeline for adoption.
Police Chief Rico Tabaranza stated if the ordinance is approved before the next school year, the goal is to work with the Ross Valley School District to send a letter to parents explaining the new rules. The Superintendent plans to continue the current registration program, and the partnership between the police and the school district is expected to continue.
Councilmembers posed questions regarding outlawing E-bikes to underaged riders, concerns with the level of fines to deter illegal excessive speeds and use, whether tampering applies to Class 1 and 2 E-bikes, options for the Town to consider the social host ordinance’s protocols to hold parents accountable for infractions with E-bikes, kids illegally riding E-bikes with passengers, specifically identifying that no tandem riding is allowed, which jurisdictions are in the process or have passed ordinances, AB 1778 restrictions, considerations for buy-back programs, E-bikes regulated per the California Vehicle Code, talks of licensing E-bikes by the State, the revised draft ordinance adding “electric mobility (micro-mobility) device” where the Police Chief would work together with Mill Valley to conduct education, and confirmation that adding this word allows enforcement.
Ms. Smith, Police Chief Tabaranza, and the Town Attorney responded to questions of the Council regarding AB 1778 which makes it illegal to tamper with E-bikes to make them go faster, future legislative efforts to potentially require licensing of E-bikes, the California Vehicle Code laws, considering a larger fine than what the social host ordinance allows for, partnering with Safe Routes to Schools to send people to a buy-back program, treating E-bikes as vehicles, attendance by parents and riders to an educational program the Town can partner with Mill Valley, and recommendations in the draft ordinance under Section 10.30.030e.3 for those under the age of 16 and in primary control of any electric mobility (micro-mobility) device do not ride “double” or “tandem” regardless of the device’s capacity or ability to do so.” Mayor Blash opened the meeting to public comment.
Wendy asked the Council to reject all uses of the phrase “electric mobility (micro-mobility) devices” as it refers to wheelchairs and electric scooters disabled people use.
Todd Greenberg opposed the ordinances and asked for changes.
Mallory Geitheim thinks the Town should license all types of bikes, and that parents should be held responsible for under-age riders.
Deborah Benson voiced support for Mill Valley’s ordinance on tandem riding, cited California Vehicle Code 21204.b “passengers on electric scooters are already prohibited….to ride tandem,” and thinks each municipality has the purview to require bikes to be licensed.
Michael Mackintosh recommended putting a license plate on every E-bike, said parents are the best enforcement, and asked for no tandem driving at all.
Jeff Guild recommended the Town use education and awareness and was opposed to layering rules that are difficult to enforce and tax law enforcement.
Deb London said it is sad that adventure is being taken away from kids but also recognized the need for safety and education.
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Sandy voiced concerns that kids riding E-bikes do not know the rules of the road, voiced support for education and licensing with plates, and to test riders of E-bikes with California drivers tests.
Linda thinks the proposal is a good balance between education and having consequences which is needed for licensing all bikes. She cited dangerous E-bike riding affecting pedestrians on sidewalks and crosswalks and asked for police enforcement.
Cindy Ross asked for enforcement to protect people from E-bike wheelies and tandem riding when walking on sidewalks, crosswalks, and at stop signs.
Gwen Froh, Program Director of Safe Routes to Schools, said they provide bicycle education to children and have been on the front line of this for 3 years and thanked the Police Chief and school district officials for their work to remove Class 2 throttle E-bikes exceeding 25 mph.
Mayor Blash called for Council deliberation.
Councilmembers commented on the need to distinguish E-bikes from ADA assistive devices, potential future licensing by the State, “micro-mobility” wording taken from Mill Valley’s ordinance which allows the Town to enforce E-scooters and hover boards, recognized the public awareness, outreach, education, accident rates and seriousness of injuries, and law enforcement efforts which have resulted in a reduction over the last 18 months.
M/S, Hellman/Ghiringhelli, Motion to Introduce, Waive First Reading, and Read by Title Only an Ordinance Adding “Chapter 10.030 - Operation of Electric Mobility Devices” to Fairfax Town Code Regarding Electric Mobility Devices, as amended to revise: “Operation of Electric Mobility (MicroMobility) Device” and to correct a typographical error in 020.a.1.2; third line, omit the “47” number and add the word “and” in its place).
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
2. Discuss the scope of work for an update to the Town of Fairfax, Bicycle and Pedestrian Master Plan (BPMP) and create a Bicycle and Pedestrian Advisory Committee (BPAC) Jeff Beiswenger, Planning & Building Services Director, introduced the item and announced there is a Supplement attached for this item and Item 2 relating to a resolution adopted in 2017 which references the Town Center Plan.
Bryn McKillop, Associate Planner, gave the staff report, background, and overview of the update to the Town’s BPMP and creation of an ad-hoc BPAC.
Councilmembers posed questions and commented on the Town’s BPMP and creation of an adhoc BPAC, a request to remove from the RFP the previous controversial background involving a workshop held about the Town Center Element, the use of grant monies and confirmation that a consultant must be utilized for the $83,000 grant, public involvement and outreach done by staff, the 11 applicants in place and a request for a youth member, the need for a consultant to perform technical modeling which staff cannot perform, requests to engage locals and to form a committee of between 5 and 7 individuals comprised of merchants, residents, and youth to work with Planning staff and the consultant, and a request to add TAM to the list of those notified of plans.
Town Manager Abrams summarized that the need for the consultant and the proposal which is a resolution to start a public committee to allow all voices from the community to inform what needs to be done to update the Bicycle Pedestrian Plan which is geared to make the downtown better for pedestrians. In order to act on those recommendations and make changes, the Town needs a technical expert for professional services, which she described. 4 May 21, 2025 Town Council Special Meeting Minutes
Mayor Blash opened the meeting to public comment.
Deborah Benson said she has the plans done by Matt Tacker for redesigning the downtown, opposed removal of parking on Broadway to create bike lanes and possibly a traffic lane.
Michael Mackintosh cited the need for a “No Alternative” plan and asked that this be used when accepting grants, opposing use of a consultant.
A speaker questioned the notice for the BPAC application deadline and asked that the application period be re-opened so he can apply and believes having a consultant is important for the work.
Mallory Geitheim disagreed and spoke about her opposition to the Bike Coalition’s work to put a second layer of greenery in front of the Post Office, restricting parking.
Mark Bell spoke about the greenery and removal of bike lanes from Good Earth to the movie theater, thinks there are experts in town who can donate their time, and voiced support to work with locals.
Todd Greenberg said the report includes no grant terms, said costs are not detailed, questioned the timeframe and rushing the application process for a June 4th deadline.
John Bela spoke in support of the plan, said Fairfax is walkable with a vibrant biking community, and supported expanding the membership which should allow one or more youth advocates.
Deb London voiced opposition to use of consultants and grants, agreed to start locally, and thinks local professionals can donate their time.
Cindy Ross suggested separating the Bicycle and Pedestrian Plan to focus on pedestrians, opposed the use of consultants, complained of sidewalks, and said she and Larry Bragman mapped all hazards in the street between her home and the downtown.
Rick Hamer supported the necessity of crosswalks, recognized pedestrian traffic, and opposed the use of outside consultants.
Kathy Flores echoed opposition to use of grants and a consultant and voiced concerns with the lack of parking, and the ability to get in and out of town during an evacuation.
Mayor Blash clarified this is a grant that is specifically intended to develop the plan; that professionals in town can apply through the competitive bidding process, options for locals to be on the committee, nothing that precludes developing more crosswalks or adding signs from input from the resident-based committee, the 11 applicants in place, a recommendation for re-opening the application period and getting one or more youth advocates to apply.
Councilmember discussion ensued regarding the need to update the plan, the grant’s use with no match requirement, that people in Fairfax can apply, recommended selecting a variety of applicants with diverse backgrounds to the BPAC, as well as obtaining the youth perspective, the existence of unsafe sidewalks, and the need for striping and painting.
Councilmember Coler made a motion and Vice Mayor Hellman seconded. Mr. Beiswenger asked for minor amendments, noting that staff has specified 5 members to serve on the BPAC and he believes the Council would be open to 7 members, as well as a youth member which he will add to the resolution.
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M/S, Coler/Hellman, Motion to adopt a Resolution to create a Bicycle and Pedestrian Advisory Committee with the purpose to guide preparation of the Bicycle and Pedestrian Master Plan (BPMP), finalize the RFP, and send the RFP to qualified firms, as amended, to include the Supplement, to change the number of members to “5 to 7 members, only an odd number, plus an additional non-voting youth member, etc.”
AYES: Coler, Vice Mayor Hellman, Mayor Blash
NOES: Egger, Ghiringhelli
BREAK
Mayor Blash called for a break at 9:35 p.m., and thereafter reconvened the special meeting at 9:45 p.m.
3. Discuss the Initiation of a Town Center Parking and Circulation Study Mayor Blash noted there is a Supplement that applied to this item as well as the previous BPAC item.
Jeff Beiswenger, Planning & Building Services Director, gave a PowerPoint presentation regarding Council consideration for initiation of a Town Center Parking and Circulation Study.
Councilmember questions ensued regarding engaging residents and the business community to conduct a walk around, the ability to start with a baseline from the 2003 study, questions and access to the study John Bela did on a volunteer basis during COVID in 2021, identification of potential costs of $50,000 for a full-blown parking and circulation analysis, question on the use of the traffic studies done for the Housing Element EIR that was focused on VMT and not on intersections and turning movements, concerns with 1700 more vehicle trips per day in Fairfax from development, and the usefulness of the number of parking spaces needed over time.
Mr. Beiswenger suggested the first step as getting the baseline information and how conditions have changed since 2003 when the last parking study was done. From there, outreach should be done with the business community to find out what the perceived issues are with parking supply.
At that point, they could make some recommendations either from staff or a parking consultant to opine; however, much of the legwork would be done in getting the data collected.
Mayor Blash likened the initial work as an inventory and snapshot of where they are in terms of parking. She confirmed the Town did not have a budget for this now and are thinking staff could do some of this unless they move onto something more complex.
Mayor Blash asked and confirmed staff’s recommendation is to go for the lower end snapshot of what the Town has and incorporating some sort of community engagement, figure out issues relating to parking and collect those in a staff memo and bring those back to the Town Council and determine whether the Council wants to do anything at that point. Staff would include options for next steps and see if the Council wants to proceed.
Waive the 10:00 p.m. Rule
M/S, Coler/Ghiringhelli, Motion to waive the 10:00 p.m. rule and continue with the meeting.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
Mayor Blash opened the meeting to public comment.
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Michael Mackintosh voiced disagreement with Andrew Hill’s work and existing traffic being reduced by 15%, questioned how this is possible given future development, and cited safety concerns with lack of egress and ingress for evacuation.
Mark Bell opposed hiring another consultant, questioned how staff would walk around to obtain numbers of parking spaces at night, said residents were not in favor of parking meters, and cited the Town giving away space to retail.
Todd Greenberg spoke of Rohnert Park’s budget four times the comparison to Fairfax, spoke of existing congestion in getting to the highway, opposed parking meters, asked to recover parking spaces given to EVs and asked for a game plan for parklets.
A speaker advocated for a detailed parking capacity and utilization study, exploration of a roundabout at Bolinas and Broadway, creation of a parking benefit district to reinvest in the Town and recommended keeping decision-making local.
Mallory Geitheim opposed parking meters, asked to remove the two-lane gardens from the Good Earth to the movie theater, and asked to require parking for new high-rise developments.
Deb London agreed with Ms. Geitheim, said she is the only person with a permit to park, and thinks the parklets provide a community space which customers love, and opposed a roundabout on Broadway and Bolinas.
Rick Hamer cited a parking shortage in town, asked for more public parking, and suggested impact fees to help finance a parking garage or lot so businesses are not burdened.
Deb Benson opposed parking meters, said she collected data from 2012-2017 and between 2016- 17 that she could provide the Council this data.
Manuelita advocated for a parking benefit district which will help fund repairs, landscaping, bike infrastructure public space, and transit access. She voiced support for a detailed parking capacity and utilization study for accurate data, and urged residents to be supportive of having facts and making informed decisions.
Mayor Blash asked and confirmed with Mr. Beiswenger that the Town has a generic impact fee which is an encroachment fee which is based on the valuation of a project and is reviewed annually. She also confirmed VMT is a technical CEQA change by the State as a way of measuring traffic, and intended to encourage more multi-modal forms of transportation.
Councilmember discussion ensued regarding the Council’s past discussions of parking meters, lack of Town funding for an extensive circulation study, support for a low-key effort, looking at things incrementally, reaching out and working with the Chamber of Commerce, agendizing this as a future budget discussion for a more in-depth study, and Mr. Beiswenger discussed staff’s work to hold a study session to be held before the Planning Commission focused on the Safety Element, update of the Land Use Element, with elimination of the Town Center Element, a public hearing in June with the Planning Commission, and to the Town Council in July.
Mayor Blash asked and confirmed Council direction to staff on the parking analysis to work with a group of staff and small business owners, solicit input from the community, and to return to the Council in six months with a white paper.
4. Consent Calendar
b. Approve Minutes for the March 5, 2025 Town Council Meeting 7 May 21, 2025 Town Council Special Meeting Minutes
Mayor Blash asked if Councilmembers had any item to remove from the Consent Calendar, and there were none.
Mayor Blash opened the meeting to public comment.
Michael Mackintosh voiced complaints of the inability to remove items from the Consent Calendar.
Todd Greenberg spoke of increased rates to the UUT, said his written comments are not included in the packet, and asked that the appointed Town Clerk resign because she is not present at meetings.
Councilmember Egger requested removal of an item.
Mayor Blash emphasized the time to pull items from Consent had passed and also reminded him of the Council’s discussion of this at the last meeting. She, however, allowed Councilmember Egger to remove Item a from the Consent Calendar.
M/S, Coler/Blash, Motion to approve the Consent Calendar item b.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
Item Removed from the Consent Calendar:
a. Receive Financial Statement and Disbursement Reports for April 2025 Councilmember Egger voiced concerns with the Town Attorney costs and questioned the location of $1.8 million in ARPA federal funds for Park Road.
Finance Director Michael Vivrette said the Town keeps the ARPA funds in a separate Fund 25 which is a self-balancing account of everything in it. The funds themselves are in LAIF which is reflected in the balance.
Councilmember Egger asked about the legal costs spent for the Town Attorney. Finance Director Vivrette clarified the expenses included two months of payments for Town Attorney services.
Vice Mayor Hellman asked Mr. Vivrette to emphasize and reflect this going forward because of an identical question asked by Councilmember Egger last month.
Mayor Blash clarified that the water the Town is purchasing is not bottled water, and Mr. Vivrette described the three water coolers in departments which do not have kitchen facilities.
Mayor Blash opened the meeting to public comment.
Todd Greenberg opposed the math done on the Financial Statements and opposed the Town Attorney’s budget.
Mark Bell said 5 gallons of reverse osmosis water at Good Earth is $2. He voiced complaints of transparency with the Consent Calendar.
Michael Mackintosh said he used to be able to remove items from the Consent Calendar. 8 May 21, 2025 Town Council Special Meeting Minutes
Deborah Benson recalled when speakers were allowed to remove items from the Consent Calendar..
M/S, Coler/Egger, Motion to approve the Consent Calendar item a.
AYES: Coler, Egger, Vice Mayor Hellman, Mayor Blash
NOES: Ghiringhelli
Adjournment
The Special meeting was adjourned at 11:10 p.m. in memory of Jonathan Shaw Corley.