1 June 4, 2025 Town Council Meeting Minutes
Fairfax Town Council Minutes
Regular Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via teleconference
Wednesday, June 4, 2025
Call to Order/Roll Call:
Mayor Blash called the Regular Meeting to order at 4:45 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
Kristin Arnold, Public Works Director
Rico Tabaranza, Police Chief
Special Meeting to Conduct Interviews at 5:15 p.m.
In person at the Fairfax Women’s Club
1. Conduct Interview and Consider Appointment to the Climate Action Committee M/S, Coler/Ghiringhelli, Motion to appoint Dan Cardozo to the Climate Action Committee AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
2. Conduct Interviews and Consider Appointments to the Bicycle and Pedestrian Advisory Committee
M/S, Coler/Blash, Motion to continue Item 2 to the July 16, 2025 Town Council meeting.
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:
M/S, Coler/Hellman, Motion to approve the agenda.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
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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.
Town Attorney Coleson announced that a letter had gone out to the developer’s attorney regarding the School Street Plaza Project. The letter will be placed on the website and available shortly.
She also announced that the Judge has taken the Koontz vs. Town of Fairfax case under submission and has taken the hearing for June 10th off calendar. The Judge will issue a decision on the Motion to Dismiss at some point in the near future, and staff has no further information at this time.
Open Time for Public Expression
Lew Tremaine, 88 Monte Vista Road, questioned the content of the developer letter and opposed the project.
Town Manager Abrams stated staff just received the letter, and it will be available on-line tomorrow.
Sierra Salin said the Fairfax Festival is this weekend and questioned who was being served by the School Street Plaza development.
Ross Asselstine, San Anselmo, citing his experience with large flood projects, commented about County staff, and raised concerns about flood risks and potential lawsuits.
Deborah Benson commented on sign ordinance enforcement and asked that the formula business ordinance be updated.
A speaker invited the Council to an event on Sunday night, June 8th at San Anselmo Presbyterian Church in honor of Sandra Adler Killen, and read the flyer.
Jody Timms thanked all those responsible for the colorful flags throughout town, described a new program called EASE, and encouraged the Council and community to work together.
Michael Rosenthal expressed his support for Mayor Blash, Vice Mayor Hellman, and Councilmember Coler, opposed the recall, encouraged councilmembers to come together for the parade, and read an excerpt from an unanswered email from a Councilmember.
Rick Hamer echoed the previous speaker and thinks the parade is a symbol of unity and love for the town.
Mark Bell commented on revenues from property and sales tax and thinks it should go back to taxpayers.
Jane Richardson Mack asked to see changes to the proposed development, voiced support of a recall election, and opposed all five Councilmembers in a car for the parade.
Michael Sexton voiced support of the last speaker, opposed the School Street Plaza developer, proposed levying a special tax on large construction development and went on to describe that..
Michael Mackintosh commented on the proposed development and supported a recall election. 3 June 4, 2025 Town Council Meeting Minutes
Todd Greenberg objected to ageism and discrimination of Councilmembers and objected to interruptions by Councilmembers.
Nancy Clothier asked the Council to elevate the conversation in the chambers, said she respects the Council, and opposed a recall election.
Doug said he generally watches the meetings from home because of the speaker system, and he asked for it to be fixed.
Kristen Amlie invited the Council and described a presentation about women in Marin who are living with changes, resilience and joy, hosted by the Equity and Inclusion Committee of the Marin County Commission on Aging.
Cindy Ross described a letter she wrote to Mike Kim of Mill Creek Residential who is their Senior Managing Director for their Northern California Office, and opposed the proposed development.
Mimi Newton opposed the recall petition.
Laney opposed a recall and shared her experience living in Fairfax.
P.J. Feffer supported the previous speaker’s comments and shared his own observations.
Regular Agenda
1. Conduct Public Review for Fiscal Year 2025-26 Proposed Operating and Capital Improvement Budget and provide direction to staff
Finance Director Michael Vivrette gave the staff report, background, and PowerPoint presentation of the consideration of the FY 2025-2026 Proposed Operating and Capital Improvement Budget.
Councilmembers posed questions and comments during the presentation regarding property tax for median value homes and new homes and what the Town receives, the Town’s sales tax rate of 9.25%, the total number of households in Town at 3,300, the reserve funds which has been used for roads and emergencies, increases and decreases in fund balances and a negative balance reflected in the Fairfax Festival fund, the reason why road impact fees of $200,000 were brought down to $150,000 which were because of actual expenses, private projects paying impact fees versus the Town’s bridges not paying an impact fee, specific dedicated revenues the Town collects, General Fund revenues which are not specifically dedicated for road purposes, capital improvement funds which includes the storm water project, revenue enhancement projects for road repairs, the level of 5% as being average for the UUT percentage in Marin, the last fee study done in 2019 and undercharging by the Town.
Councilmember questions continued and staff confirmed General Fund monies will be used to pay back the $1.5 million along with interest for the fire station, collection of TOT income from those hosting properties on Airbnb and VRBO, decreasing gas tax funds for the Town and SB 1 to help offset the impacts of gas tax reductions, request to update the projection for garbage franchise fees, the Town’s funding for maintenance of major roadways, that it is not possible to add another police officer position through reduction in overtime which the Police Chief described, that if the Town were to increase the UUT, there could be an additional officer hired, overtime cost projected for the fiscal year.
BREAK
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Mayor Blash called for a break at 8:55 p.m. and, thereafter, reconvened the regular meeting at 9:05 p.m.
Mayor Blash opened the meeting to public comment.
Michael Mackintosh commented on disbursement of funds into various accounts and noted the UUT is capped at $360.
Todd Greenberg questioned financial management, debt service, and thinks the budget is not balanced.
Pam Miggs referred to the Town Attorney’s budget and voiced concerns of finances for legal costs. She suggested doing another audit and asked that roads be fixed.
Mr. Kelley said the Town’s roads are bad and he asked to confirm that franchise fees go towards road repair. He also did not think the franchise fees is legal and said it has been challenged in other towns.
Kay commented on positions in the Police Department budget.
P.J. Feffer commented on actual rates charged in tax assessed areas in Marin, how Fairfax residents are impacted, and increased assessed values countywide.
Deborah Benson said she shares Councilmember Ghiringhelli’s views on where the Town’s funds and believes the town needs fewer staff members.
A speaker asked when or if the TOT definition changed and when the UUT definitions changed.
Mayor Blash recapped questions from the public, and asked the Police Chief to respond. She also confirmed the Town is not in an operating deficit..
Town Manager Abrams explained the Town is projected to spend more on attorney fees in this current fiscal year than was budgeted, and further explained the Town’s agreements with Public Agency Law, BBK, and Bertrand. She also pointed out that staff has made this clearer by showing the general Town Attorney expenses for the coming year on page 17, and putting the specialized litigation in the Non-Departmental Budget to show that those are not general services to the Town.
Mayor Blash asked and confirmed the Town had 7 lawsuits this year, which is much more than in the past. She then asked and confirmed the Town is not hiring a new Assistant Town Manager.
Regarding changing the TOT, this must go to the ballot.
Councilmembers continued asking clarifying questions regarding the Police and Town Attorney budgets, specific positions in Police, general versus special town attorney services, vehicle code fines, the number of staff members, monies for roads, and the overall health of the budget.
Waive the 10:00 p.m. rule.
M/S, Coler/Egger, motion to waive the 10:00 p.m. rule and continue the meeting.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
2. Adopt a Resolution Setting the Utility User Tax Rate of 5% for Fiscal Year 2025-26 5 June 4, 2025 Town Council Meeting Minutes
Town Manager Abrams gave the staff report, background, and an overview of the request for the Council to set the Utility User Tax (UUT) of 5% for FY 2025-26.
Mayor Blash opened the meeting to public comment.
Michael Mackintosh commented on the State cap for UUT, spoke about his experience and the community’s awareness of the tax, and asked that funds go to a restricted road account.
A speaker said he would like the police officer position unfrozen but not through the UUT, and he asked that it go towards roads.
Todd Greenberg opposed an increase to the UUT, discussed a balanced budget, and support to fund the police officer position.
Mayor Blash referred to the $360 cap and noted the code states the Town can set it up to 5% but asked if there is a cap specified. Town Manager Abrams said there is a process in the code which allows a user to pay $360 in advance, and therefore, not continue paying UUT throughout the year.
Town Attorney Coleson said the UUT rate is capped at 5% and going above 5% requires a vote of the people. The Town can set it less than 5% which it has in some past years. Section 3.12.060 of the code talks about telephone, electricity, and gas and states, “The total tax to be paid by any user under this section shall not exceed $360 annually on a fiscal year basis. The person so affected shall present evidence of such to the Town and a refund shall be given by the town for the amount of tax paid in excess of $360. Notwithstanding that, the request for refund shall be presented no later than 15 working days following the conclusion of the fiscal year and requests submitted later will not be considered. Persons wishing to pre-pay the maximum tax will be exempted for that fiscal year.”
Councilmember Ghiringhelli said big businesses know to pay ahead of time, but the average person does not know this exists, and he asked what the average household pays. Mr. Vivrette said he did not have individual PG&E account information.
Town Manager Abrams stated the Town could place an article in the newsletter regarding this process so people would be aware and could take advantage of that cap. The Town needs an on-going revenue stream and this is what the UUT represents, as opposed to one-time monies.
Councilmember Coler noted the police position was frozen in 2008, and it is time to fill the position and approve the 5% UUT.
M/S, Coler/Egger, motion to adopt a Resolution Setting the Utility User Tax Rate of 5% for Fiscal Year 2025-26.
AYES: Coler, Egger, Vice Mayor Hellman, Mayor Blash
NOES: Ghiringhelli
3. Approve Amendment No. 10 to the Master Agreement with California Infrastructure Consultancy (CIC) to Transfer the contract from CIC to MGE Engineering and Increase the Contract Amount by $1,061,666 for Final Design, Right-of-Way (ROW) and Utilities Coordination Services for Meadow Way Bridge Replacement, and Accept $842,826 in Grant Funding.
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Recusal: Councilmember Egger recused himself from participating in the item due to the proximity of his residence and left the dais.
Town Manager Abrams introduced the Town’s new Public Works Director, Kristin Arnold.
Nadar Tamannaie, President, CIC, gave the staff report and PowerPoint presentation regarding the request for the Town Council to approve Amendment No. 10 to the Master Agreement with California Infrastructure Consultancy (CIC) to transfer the contract from CIC to MGE Engineering and increase the contract amount by $1,061,666 for Final Design, Right-of-Way (ROW) and Utilities Coordination Services for Meadow Way Bridge Replacement, and accept $842,826 in grant funding.
Councilmembers stressed the need to keep to the schedule, questioned timing on the bid and project construction in the Spring of 2026, confirmed the Town Attorney is working with the attorney to confirm the schedule, spoke of the Town and CIC’s involvement with Caltrans, and spoke about the importance of moving the contract forward from one agency and contractor to another agency and contractor.
Mayor Blash opened the meeting to public comment.
Michael Mackintosh supported the project and commented and referred to “quick take”.
Andre Fino, 60 Meadow Way, supported this project and said they are very grateful for putting priority on this project.
Karen Arnold, 38 Meadow Way, echoed Mr. Fino’s comments, noted the current bridge is over 75 years old and in poor condition, pollutes the creek, and is a fire and earthquake safety issue and serves 70 people.
Pam Meigs, 310 Cypress Drive, spoke about her involvement in Firewise for the Cascade Canyon and cited the importance of the project.
Todd Greenberg voiced support for the work which is critical but opposed over-spending.
M/S, Coler/Hellman, motion to approve Amendment No. 10 to the Master Agreement with California Infrastructure Consultancy (CIC) to Transfer the contract from CIC to MGE Engineering and Increase the Contract Amount by $1,061,666 for Final Design, Right-of-Way (ROW) and Utilities Coordination Services for Meadow Way Bridge Replacement, and Accept $842,826 in Grant Funding.
AYES: Coler, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
RECUSED: Egger
Returned to the dais:
Councilmember Egger returned to the dais and was noted as present.
4. Approve Amendment No. 11 to the Master Agreement with MGE Engineering, Inc., to Increase the Contract Amount by $174,280 for Additional Cultural and Historic Resources and Environmental Studies for Creek Road Bridge and Bridge Preventive Maintenance Program (BPMP - Canyon, Marin, Spruce), and Accept $115,739 in Grant Funding.
Additionally, Combine the Separate Agreement for Azalea Avenue Bridge Project with the Master Agreement.
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Nadar Tamannaie, President, CIC, gave the staff report and overview of the request to approve Amendment No. 11 to the Master Agreement with MGE Engineering, Inc., to increase the contract amount by $174,280 for additional cultural and historic resources and environmental studies for Creek Road Bridge and Bridge Preventive Maintenance Program (BPMP - Canyon, Marin, Spruce), and accept $115,739 in grant funding. Additionally, the request is to combine the separate agreement for Azalea Avenue Bridge Project with the Master Agreement.
Councilmember asked and confirmed Mr. Tamannaie’s involvement with the bulk of the work to be done, confirmed that in order to meet Flood Zone 9 requirements the bridge was raised 3 feet and they will be scraping the creek and relandscaping anything impacted. NEPA and CEQA also needed to be cleared.
Mayor Blash opened the meeting to public comments, and there were no speakers.
M/S, Coler/Ghiringhelli, motion to Approve Amendment No. 11 to the Master Agreement with MGE Engineering, Inc., to Increase the Contract Amount by $174,280 for Additional Cultural and Historic Resources and Environmental Studies for Creek Road Bridge and Bridge Preventive Maintenance Program (BPMP - Canyon, Marin, Spruce), and Accept $115,739 in Grant Funding.
Additionally, Combine the Separate Agreement for Azalea Avenue Bridge Project with the Master Agreement.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
5. Consent Calendar
Councilmember Egger requested pulling Items b, e, h, and k. a. Receive written report on Councilmembers’ assignments, committees, and activities in May 2025
c. Authorize the Town Manager to Prepare and Submit the Fiscal Year 25-26 Work Plan to Marin County for the Use of the Town’s Measure A Park Funds f. Adopt a Resolution Continuing Expenditures and Revenues in Accordance with the FY 2024-25 Town Budget and Continuing the FY 2025-26 Town Budget Adoption Adoption of a Resolution Confirming and Levying the Ross Valley Paramedic Authority (RVPA) Tax for Fiscal Year 2025-2026
g. Waive Second Reading, Read by Title Only, and Adopt an Ordinance Adding “Chapter
10.030 - Operation of Electric Mobility (Micromobility) Devices” to Fairfax Town Code Regarding Electric Mobility Devices
i. Adopt a Resolution Updating and Clarifying the Planning portion of the Town Fee Schedule Related to Deposits and Required Reimbursement of Town Review Activities
j. Authorize the Mayor to send a letter opposing proposed offshore oil and gas leasing included in the federal 11th National Outer Continental Shelf Oil and Gas Leasing Program
Mayor Blash opened the meeting to public comment.
Todd Greenberg asked to pull Items d, e, f, j, k, and i.
Michael Mackintosh believes the Council is violating law by not allowing removal of items for the public to discuss, and voting for something the Council is unaware of.
Mayor Blash spoke of the process not being unusual and if the public has items they want pulled, they can contact Councilmembers to pull them.
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Councilmember Egger referred to Item a. and commented on the Council appointments he attends which are at the end of the month which come the night of or the next day of the deadline for reports. Mayor Blash made a suggestion to indicate he will be attending a certain meeting and can provide a report afterwards.
M/S, Coler/Egger, motion to approve Consent Calendar Items a, c, d, f, g, i, and j.
AYES: Coler, Egger, Vice Mayor Hellman, Mayor Blash
NOES: Ghiringhelli
Items Removed from the Consent Calendar:
b. Approve Minutes from the April 2 and April 18, 2025 Town Council Meetings Councilmember Egger referred to the April 2nd minutes, page 4, which states “Planning Director Beiswenger also confirmed with Councilmember Egger that sewer and septic systems and legalization of units fall under standard building code requirements. ADUs can be counted towards the Town’s RHNA.” He said a ban was put on septic systems.
Town Attorney Coleson suggested Councilmember Egger provide emailed comments to the Town Manager regarding minor corrections or edits to meeting minutes prior to the meeting. If more extensive, they can remove the item from the Consent Calendar.
Mayor Blash opened the meeting to public comment.
Todd Greenberg referred to page 9 and said the Town should not have action meeting minutes.
M/S, Coler/Ghiringhelli, motion to approve Item b, as amended (April 2, 2025 Town Council minutes).
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
e. Adopt four resolutions setting taxes to be collected by the Marin County Auditor-Controller for Fiscal Year 2025-26
1. Resolution Setting the Amount of $220 for the Special Municipal Services Tax for Fiscal Year 2025-26
2. Resolution Setting the Pension Tax Rate of $.091 per $100 of assessed valuation to Support Fairfax Pension Obligations for Fiscal Year 2025-26.
3. Resolution Setting a Fee of $15 per run-off unit for the Purpose of Funding Local Stormwater Pollution Prevention Activities for Fiscal Year 2025-26.
4. Resolution Setting the Tax Rate of $.0250 per Assessed Valuation for the General Obligation Bonds (Measure K Bond Assessment)
Councilmember Egger said he pulled the item so people understand what the Council is doing, which he described through announcing Items e.1, 2, 3 and 4.
Councilmember Coler referred to the first resolution and pointed out errors: The 4th Whereas states July 1, 2024 which should be 2025. Also, at the bottom, “The foregoing resolution was passed….it states the 5th day of June 2024, and it should be “the 4th day of 2025.” Mayor Blash opened the meeting to public comment.
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Todd Greenberg complained about the number of items on the Consent Calendar and its format, spoke about tax increases.
Councilmember Coler clarified that Measure F raised the tax $5 every year, and there were people who wanted it raised according to the CPI. Measure K deals with the rates for the bonds and she confirmed with Mr. Vivrette that in total it does not result in changes in tax except for this year in order to pay the bonds off.
M/S, Coler/Egger, motion to approve Item e, with corrections to the Resolution as stated by Councilmember Coler.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
h. Adopt Resolution Approving the List of Projects Funded by SB 1: The Road Repair and Accountability Act for Fiscal Year 2025-26
Councilmember Egger thinks the road in Fairfax that needs the most work now is Center Boulevard between Pacheco and Pastori, and asked that the $194,246 in funds go towards this stretch.
Mayor Blash said she thought the Town had a set of projects where those funds were allocated.
Town Manager Abrams stated the project listed is the one staff has already planned and bid out..
The SB 1 funds are a portion and not all of the Town’s road funds. Mark Lockaby is online and can answer questions.
Councilmember Coler said she looked at the 5-year pavement expenditure plan and Center is down on the list and is $33,613.
Mark Lockaby said the Town’s pavement consultants are proposing this as well as the former Public Works Director. He described why it is the best bang for the buck, stating the bids initially came in as doubled. He then described how unique Fairfax is in staging abilities, traffic control, and expense for these types of projects.
Town Manager Abrams said although the resolution needs to be passed, the regulator is forgiving if the Council decides to change projects and adopt another resolution during the year.
Waive the 11:30 p.m. rule
M/S, Coler/Ghiringhelli, motion to waive the 11:30 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.
Todd Greenberg inquired about bids results.
Councilmember Coler voiced support of the work, noting it is the best “bang for the buck,” they can preserve more roads with this, and she made a motion. Councilmember Ghiringhelli seconded the motion and requested the Public Works Director review other streets, as well.
M/S, Coler/Ghiringhelli, motion to adopt Resolution approving the List of Projects Funded by SB 1: The Road Repair and Accountability Act for Fiscal Year 2025-26.
AYES: Coler, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: Egger
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k. Adopt a Resolution Authorizing the Mayor to sign legislative letters of support or opposition on behalf of the full Town Council, under a limited and defined set of policy areas consistent with the Town’s adopted values and goals
Councilmembers posed questions and comments, including personally favored issues, the need to urgently approve letters of support or opposition on matters, and opposed taking action on this item.
Mayor Blash opened the meeting to public comment.
Todd Greenberg asked who sets the agenda and thinks it is crucial that five Councilmembers debate and vote before they speak on behalf of Fairfax.
Mayor Blash clarified the agenda is a collaborative effort, which she described.
M/S, Coler/Ghiringhelli, Motion to not pass Item k.
AYES: Coler, Egger, Ghiringhelli, 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
Mayor Blash recapped various topics being considered for upcoming agenda items.
Town Manager’s Report
Town Manager Abrams said Kristin Arnold, the Town’s new Public Works Director, is a licensed Professional Engineer (PE) is in her fourth day with the Town and is a resident of Fairfax, and Councilmembers welcomed Ms. Arnold.
She also provided an update on the AV system in the Women’s Club.
Adjournment
The meeting was adjourned at 11:55 p.m. in memory of Peter James Doyle.