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Minutes AGENDA ITEM 8.c.
Fairfax Town Council Minutes
Regular Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via teleconference
Wednesday, May 7, 2025
Call to Order/Roll Call:
Mayor Blash called the Special 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
Rico Tabaranza, Police Chief
Special Closed Session at 4:45 p.m.
Fairfax Women’s Club 16 Park Road
1. LIABILITY CLAIMS
CA Govt Code Section 54956.95
Claimant: Susan Mulloy
Agency claimed against: Town of Fairfax
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
CA Govt Code Section 54956.9 (d)(1)
Shaylee Koontz v. Town of Fairfax et al.
Case No. 25-cv-01311-RFL
U.S. District Court, Northern District of CA
Ex Parte Application for Temporary Restraining Order and Preliminary Injunction to Stop Implementation [of] Town of Fairfax’s Anti-Camping Ordinance Against the Peri Park Encampment “Camp Liberty”
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Govt Code Section 94956.8
Property:
No APN – A Portion of Meadow Way, San Anselmo Creek Bridge to Cascade Avenue No APN – A Portion of Meadow Way, East of the San Anselmo Creek Bridge APN 003-102-19; 6 Meadow Way, Fairfax
APN 003-122-55; 7 Meadow Way, Fairfax
APN 003-102-26; 333 Cascade Drive, Fairfax
APN 003-122-41; 21 Meadow Way, Fairfax
APN 003-122-58; and 003-122-09; 1 Meadow Way, Fairfax
Agency Negotiator: Heather Abrams, Town Manager, Nadar Tamannaie, Consultant, Town Attorneys
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Negotiating Parties: Cascade Land Company; George Hollister; Catherine Stone Revocable Trust; Alexander Binik & Marilyn Gaynes, Gaynes/Binik Trust; Scott Davis & Katheryn Thompson; Robert & Kathryn Linscott Trustees of the Linscott 2000 Trust; Steven & Nancy Wasserman
Under Negotiation: Both price and terms
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
Mayor Blash read the Land Acknowledgement Statement and delivered a brief statement regarding the Town’s position, meeting protocols, and protocols on hate speech.
1. Presentations
a. Adopt a Proclamation Recognizing Librarian Margaret Miles of the Marin County Library Fairfax Branch
Mayor Blash read the Proclamation into the record, and Librarian Margaret Miles of the Marin County Library Fairfax Branch was recognized by the Council upon her retirement.
Margaret Miles, Fairfax Librarian, thanked the Town Council for recognizing her service. b. Adopt a Proclamation Recognizing Fairfax Open Space Committee Member Jack Judkins Mayor Blash read the Proclamation into the record and she and Councilmembers recognized Fairfax Open Space Committee Member Jack Judkins and his many accomplishments.
Jack Judkins, Fairfax Open Space Member, thanked the Town Council for recognizing his service.
Mayor Blash opened the meeting to public comment.
Michael Ardito and Susan Pascal Beran, Fairfax Open Space Committee members, presented a Certificate of Appreciation to Jack Judkins for his 17 years as a valuable member and for his leadership in acquisitions of open space.
Jody Timms thanked Mr. Judkins and Ms. Miles for their service for the Open Space Committee and Library.
Lana Adlawan, Director of County Library Services, described the diversity of Ms. Miles’ accomplishments and wished her well in her retirement.
Raemona Little Taylor, Assistant Director of County Library Services, invited everybody to a public celebration at the Fairfax Library for Ms. Miles.
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Susan Brandborg, Friends of the Fairfax Library, thanked and recognized Ms. Miles and her work with the Friends of Fairfax Library.
Mimi Newton provided words of thanks to both Margaret Miles and Jack Judkins for their service.
Liz Froneberger recognized Margaret Miles for her service and dedication in defending books and writings.
Report Out from Closed Session:
Town Attorney Janet Coleson reported that the Council received an update on the Shaylee Koontz v. Town of Fairfax lawsuit, and said the Court has moved the hearing on the Motion to Dismiss the lawsuit to June 10, 2025.
Open Time for Public Expression
A speaker thanked the council for persuading Mill Creek developers to hold an event on the School Street (SSP) project and asked everybody to focus on how people can change the outcome and not the recall.
Chuck Wright thinks the SSP project cannot be undone and asked what residents can do to influence the project’s re-design.
Rick Hamer asked for all interested parties to be noticed for the SSP project, and described its severe impact on the Town.
Wendy Lee voiced concerns with the SSP project’s height, design, and bulk, water and fire risk concerns, asked for a workshop to be held, and voiced opposition to recall efforts.
Tim Ezekiel expressed concern after reviewing the SSP project drawings, voiced opposition to the scale of the project, noted that he does not believe the recall will address the underlying issues, and advocated for more reasonable growth.
Ling Shen Bell asked to restore the requirement for the Town Manager to live in the Town.
Jody Timms echoed comments regarding opposition to the recall election, cited divisiveness, and described the many issues facing the Town.
Gwen Froh echoed Wendy Lee’s comments and opposed the recall election.
Michael Rosenthal echoed comments regarding the SSP project, questioned Councilmembers positions on it, and opposed the recall election.
Bruce Ackerman agreed with all statements made regarding the SSP development, opposed the recall election, and urged everyone to come together.
Todd Greenberg asserted conflict of interests with council members, a Town deficit, and asked the Town Clerk to be removed for not attending meetings.
Mallory Geitheim opposed the SSP project, and supported the recall election.
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Rich Dowd asked to put the entire focus on the SSP project, asked for the Council to work together and provide guidance, and thinks the recall election is a misguided focus.
Kevin Curtis cited Government Code 66583 and asked to be noticed, requested information be added to the Town’s website, said there are protected units of previous residents, and discretionary approval given changes in fire severity zones.
Lilliana Levetso opposed the SSP project, opposed the recall election as a solution, voiced support of affordable housing, and echoed Rick Hamer’s comments.
Mark Bell spoke of other sites rezoned for high density, spoke of the recall election, double standards, infrastructure issues, a Town deficit, and Council decorum.
Kim Keating commented on the cost of a low-income studio unit at the SSP, cited fire safety issues, and diminished sunlight to surrounding homes.
Kristin Amlie made announcements about age-friendly related events and offered ways for the community to get involved.
Michael Sexton echoed speaker comments regarding the SSP project, voiced support of recall efforts, spoke of population increases, asked that the developer prove there will be no adverse impacts and to hold the developer accountable.
Cindy Ross spoke of the Town’s many adverse issues, and said May is also Multiple Chemical Sensitivity Awareness Month.
John Marshall advocated for rank choice voting, and asked the town to consider a shadow ordinance given future high-rise development.
Jess Learner recognized State mandated housing laws, voiced traffic and fire safety concerns, and voiced opposition to the recall.
P.J. Feffer said he has no opinion on the specifics of the SSP project, voiced opposition to just cause eviction and asked for a prevailing wage requirement of the SSP builder.
Jim Cosgrove questioned parking, cited another city rejecting a plan based on people not taking public transit, questioned high fire severity zone impacts, evacuation risks, and asked that the size of structures be minimized.
Mayor Blash asked and confirmed that the Town will soon hold a session on upcoming housing laws with special counsel and planning staff.
Public Hearing
2. Conduct a Public Hearing, Read by Title Only and Adopt an Ordinance to Designate Fire Hazard Severity Zones in Local Responsibility Areas
Mayor Blash opened the public hearing.
Senior Fire Inspector Rob Bastianon gave a background and overview of the Council’s first reading of the ordinance which would designate the fire hazard severity zones based on the updated LRA Fire Hazard Severity Map published on February 24, 2025 and how Cal Fire developed mapping.
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Councilmembers posed questions regarding SSP project’s high fire severity zone upgrade, that Fairfax does not have a ladder truck reaching 6 to 7 stories, the loss of insurance in neighborhoods, new Fire Code adoption scheduled in the fall, when the State will enact Zone Zero requirements, and confirmation that the insurance industry uses different criteria for insuring structures.
Mayor Blash opened the meeting to public comment.
A speaker asked about and confirmed that Cal Fire modeling uses professional software for mapping which has nothing to do with local fire departments.
Mark Bell spoke about homes with high elevations that were told they need flood insurance and questioned the validity of Cal Fire’s modeling.
Todd Greenberg commented on local input, fire hydrant assessment, prevention efforts, and asked if the Town was required to approve the item.
Jim questioned the ability to provide input to Cal Fire, asked what response times are associated with different hazards, and questioned modeling on safety of additional people trying to evacuate the town.
Mayor Blash stated the Town will be doing more activities around fire safety and evacuation in the fall. She referred to questions posed to Mr. Bastianon clarified the Fire Department’s ability to do their own study but not lower the minimum State standards, the recommendation for adoption of the map as is, and that areas that are moderate severity can still burn depending on the fire intensity. Additional discussion ensued regarding the Fire Safety event held this last weekend, ladder truck resources, and requirements for Fire Code on new structures.
Mayor Blash closed the public hearing and called for Council deliberation.
Councilmembers discussed high insurance rates, ensuring clear evacuation routes, resources during Red Flag Days, and the formality per State statute for the Council to adopt the map.
M/S, Coler/Hellman, motion to Read by Title Only and Adopt an Ordinance to Designate Fire Hazard Severity Zones in Local Responsibility Areas in Fairfax.
AYES: Coler, Egger, Vice Mayor Hellman, Mayor Blash
NOES: Ghiringhelli
Councilmember Coler reported residents can sign up for Chipper Days now if they have cleared defensible space, and urged people to apply for defensible space grants, as well as home hardening grants.
Regular Agenda
3. Discuss Transitioning to a Charter City and Provide Direction to Staff - Continued from April 2, 2025 Town Council Meeting
Town Manager Heather Abrams gave the staff report, background and a PowerPoint presentation which explored the potential of Fairfax becoming a Charter City.
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Councilmembers posed questions regarding costs to process a charter city, a regular versus special election, use of another charter city as a model/template, State-mandated housing laws which cities must comply with or vote for different State legislators, questions on density bonus, waivers, concessions, incentives which also apply to charter cities, whether becoming a charter city would have any impacts on housing development, consideration to elect a charter committee, and whether a 2/3 vote can be changed to a majority
Mayor Blash opened the meeting to public comment.
Chris Kenton believes becoming a charter city will result in lawsuits, housing mandates, asked that the Council work together, and recommended looking up the Dillon Rule, and questioned what the recall is about.
A speaker referred to Senator Wiener and SB 1037, and spoke about punitive expeditions against towns and cities that would block development, thinks it is re-packaging neo-liberalism as its own form of public good, and opposes it.
Steve Anderson referred to charter cities and bringing rank choice voting, but he did not think it seemed worthwhile for the expense or what the Town would get out of it.
Todd Greenberg asked the Council to visit a website about money in politics, where he learned about political donations, and encouraged the Council to put this on the ballot so Fairfax voters can decide.
A speaker noted the Town cannot change housing laws, downzone sites, or regain local control through becoming a charter city or else it will be penalized, but recognized the research done.
Chad cited the hypocriticalness of Councilmembers running on what they thought was inefficient use of public funds and are now proposing expensive efforts and legal battles, and he asked that the focus be on roads and schools.
Pam Meggs said some Californians currently reside in a charter city, opposed the staff report, and suggested looking into it further.
P.J. Feffer agreed with the cost to become a charter city that will give no benefit to the Town, cited the State as authoritative, agreed elections are bought and paid for, and spoke of real estate lobbyists.
Cindy Ross asked what the town hopes to accomplish by becoming a charter city and voiced concerns of having to pay a transfer tax if she sold her home.
Mayor Blash closed the meeting to public comments, and asked for Council deliberation.
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Councilmember comments ensued regarding expenditure of attorney fees in becoming a charter city, rank choice voting and the council running its own election, comments that the matter is not a good use of staff or attorney resources, whether any benefits would be derived by becoming a charter city, concerns with the continued push for housing laws, the Council’s work ahead, the litigation moving forward and decisions on the appeal, the need to fix roads, future 7 story buildings for the remaining sites in the Housing Element, the request for more exploration, comments regarding the staff report being negative versus positive, request to continue the item to bring in an attorney that represents charter cities, pros and cons of becoming a charter city, existing unbudgeted Town expenses and significant legal costs if pursued, percentages of charter cities in California with the majority not being large cities, and consideration to hold a workshop to have the matter further discussed.
Councilmembers then discussed continuation of the matter to a date uncertain or to continue it to a certain month.
M/S, Ghiringhelli/Egger, Motion to continue the item to the July Council meeting.
Councilmember Egger asked and confirmed he could bring in an attorney to opine on the matter without any payment involved or he would fund the attorney himself. Town Manager Abrams noted that the attorney cannot advise but can provide information to the Council. Councilmember Coler recommended continuing the item to September or October, given the number of Council issues.
M/S, Ghiringhelli/Egger, Motion to continue the item to the July Council meeting.
AYES: Ghiringhelli, Egger
NOES: Coler, Vice Mayor Hellman, Mayor Blash
M/S, Blash/Coler, Motion to continue the item to the October Council meeting.
Councilmember Egger questioned whether something could be placed on the November 2026 ballot if the item were continued to October.
Councilmember Ghiringhelli asked and confirmed that Councilmember Coler suggests October because there may be more information from the lawsuits and that the item is diverting real work of the Town, and she asked for a vote.
M/S, Blash/Coler, Motion to continue the item to the October Council meeting.
AYES: Coler, Vice Mayor Hellman
NOES: Ghiringhelli, Egger, Mayor Blash
Mayor Blash suggested meeting in the middle and made a motion for continuance to the September meeting and indicated this would have no impact on the Town’s Housing Element.
M/S, Blash/Hellman, Motion to continue the item to the September Council meeting.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
BREAK
Mayor Blash called for a break at 9:40 p.m., and thereafter reconvened the meeting at 9:52 p.m.
Waive the 10:00 p.m. Rule
M/S, Coler/Ghiringhelli, Motion to waive the 10:00 p.m. rule and continue the meeting.
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AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
4. Conduct Public Review for Fiscal Year 2025-26 Proposed Operating and Capital Improvement Budget and provide direction to staff
M/S, Coler/Hellman, Motion to continue Item 4 to the June 4, 2025 Town Council meeting.
AYES: Coler, Egger, Vice Mayor Hellman, Mayor Blash
NOES: Ghiringhelli
5. Discuss and Consider Transitioning to Action Minutes Town Manager Abrams introduced the matter, stating there is already a resolution by the Council which states the Town provides summary action minutes for the Council meetings. She described the current practice and recommends the Council adopt action minutes. Deputy Town Clerk Christine Foster stated she was available to answer questions.
Councilmembers asked and confirmed that watching Zoom meeting recordings can provide context, that the Town has a 10-year retention period for Council and Planning Commission (PC) meetings, that while not perfect, a transcript can be downloaded from U-Tube for Councilmembers to read, that Zoom has AI features which the transcriber could use to edit, questioned whether there is a difference with summary action minutes or a hybrid between action and summary minutes, confirmation that the PC uses action only minutes through a separate ordinance, and that all jurisdictions in Marin were doing action minutes except for Ross and Fairfax.
Mayor Blash opened the meeting to public comment.
Todd Greenberg thinks more descriptive minutes are valuable, and asked to consider those with disabilities with hearing and sight.
Mark Bell provided calculations on use of court reporters at $55/hour which he thought could be less expensive, and questioned the storage security of the audio/video files.
Cindy Ross spoke of real benefits of using AI but described errors and an experience where someone was mistakenly identified as a Councilmember.
P.J. Feffer echoed Ms. Ross’s comments and asked to avoid using AI, thinks having meeting minutes separate from the transcript recording makes things more confusing and could cause disagreements and conflicts.
Mayor Blash closed the meeting to public comment and asked for Council deliberation.
Councilmember deliberation ensued and Councilmembers described the need for and opposition to summary minutes, the desire to have a recording, support and opposition for action minutes, confirmation that AI would need to be checked for accuracy, the thought that not much money would be saved by changing the current summary action minutes for Council meetings, complaints from public speakers on how the minutes are prepared, delays in approving minutes, the actual 3 to 5 hours for every hour of meeting time it takes to prepare minutes, the lengthiness of Council meetings, robust but costly agenda management software, having the AI version as a backup to store, the purpose of minutes which is to record the decision of the governing body, use of the video, and having summary minutes with a disclaimer to watch the video for those not in agreement.
Vice Mayor Hellman suggested continuing the matter to a date uncertain.
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M/S, Hellman/Ghiringhelli, Motion to make no changes to the summary minutes at this time.
AYES: Egger Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: Coler
6. Consent Calendar
Councilmember Coler commented there is a Supplement to Item 6.f. a. Receive Financial Statement and Disbursement Reports for January 2024 b. Receive Treasurer’s Quarterly Report
c. Receive written report on Councilmembers’ assignments, committees, and activities in February 2025
d. Approve Minutes for the February 5 and February 26, 2025 Town Council Meeting e. Receive Recreation Quarterly Report
f. Waive second reading, read by title only and adopt 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.
g. Renew Ordinance No. 862 Authorizing the Special or Military Equipment Use Policy and Equipment Inventory for the Fairfax Police Department, and Accept the Annual Report on Use of Military Equipment in 2023, Pursuant to California Assembly Bill 481 h. Adopt Proclamation Recognizing June 2025 as Pride Month and Adopt a Resolution Authorizing the Display of Rainbow Flags During Pride Month 2025 i. Adopt Resolution Authorizing the Temporary Closure of Certain Streets for the Fairfax Festival and Parade on June 7 and 8, 2025, and approve sponsorship of the closure j. Receive Annual Report by Marin Sanitary Service for Solid Waste Services k. Reappoint Liz Gottlieb to the Climate Action Committee l. Receive Informational Greenhouse Gas (GHG) Inventory Report m. Receive Informational Report on Town Credit Card Use n. Authorize the Mayor to Send a Letter Opposing SB 79 (Wiener) Transit Oriented Development
o. Adopt a Proclamation Recognizing Public Works Appreciation Week p. Adopt a Proclamation Recognizing Gun Violence Awareness Day Mayor Blash opened the meeting to public comment.
Todd Greenberg opposed the lettering and font size of items presented and requested removal of Items a, d, f, h, j, and m.
Mark Bell opposed budget totals represented in the budget.
M/S, Coler/Hellman, Motion to approve the Consent Calendar, including the Supplement for Item
6.f.
Councilmember Egger requested removing an item from the Consent Calendar, and Councilmember Coler and Vice Mayor Hellman withdrew their motion and second, and asked that Councilmember Egger remove items prior to taking public comment.
Councilmember Egger referred to an edit needed for Item a to change ‘January 2024’ to ‘January 2025.” Regarding Item c, he suggested indicating what meetings Councilmembers attended and not provide a report on them.
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Deputy Town Clerk Foster clarified that Councilmember Reports are intended to capture meetings attended by Councilmembers in their Councilmember capacity and not their personal capacity.
Councilmember Egger requested removal of Item a, f, and m.
M/S, Coler/Blash, Motion to approve the Consent Calendar items b, c, e, g, I, k, l, n, o, and p.
AYES: Egger, Coler, , Vice Mayor Hellman, Mayor Blash
NOES: Ghiringhelli
Items Removed from the Consent Calendar:
a. Receive Financial Statement and Disbursement Reports for January 2024 Councilmember Egger referred to Fund 121; the Town Attorney costs, TOT income; and he received an explanation from staff on each.
Mayor Blash opened the meeting to public comment.
Todd Greenberg voiced concerns with Town Attorney legal bills.
Mark Bell voiced opposition to credit card charges and bottled water charges, and questioned position salaries.
P.J. Feffer referred to TOT and highlighted the importance of having an enforceable rental registry and spoke about what he thought prompted a lawsuit.
Mayor Blash asked and confirmed with the Finance Director that the Town is not in a structural deficit and is spending monies collected in prior years and using it in current years.
M/S, Coler/Hellman, Motion to approve the Consent Calendar item a, as amended, to state “January 2025.”
AYES: Egger, Coler, Vice Mayor Hellman, Mayor Blash
NOES: Ghiringhelli
f. Waive second reading, read by title only and adopt 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.
Councilmember Egger voiced support of Item f and said his question was answered earlier.
Mayor Blash opened the meeting to public comment.
Todd Greenberg referred to page 8; Rent Reporting, and opposed to the way it is worded.
Town Manager Abrams referred to the Supplement for the item which will be included.
Councilmember Coler said the Planning Director indicated it would be reported anonymously to protect confidentiality and did not say it would not be included. The Supplement also extends the amnesty for 20 years.
M/S, Coler/Hellman, Motion to approve the Consent Calendar item f, including the Supplement.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash DRAFT
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NOES: None.
m. Receive Informational Report on Town Credit Card Use Councilmember Egger voiced concerns with purchases being made with no purchase orders and expenditure totals over three years, and received an explanation from the Town Manager.
Councilmember discussion ensued regarding efficiencies on the use of credit cards for the Town, the number of credit cards, expenditures for the year, review of expenses by month, and confirmation of expenditures.
Noted Absent:
Vice Mayor Hellman left the meeting.
Mayor Blash opened the meeting to public comments.
Mark Bell recommended reducing the number of credit cards, questioned the cost to write a check, and noted updated information the report.
Town Manager Abrams clarified the cost per check relates to processing charges for staff having to go through the checking account, and this is one reason why staff uses credit cards.
Todd Greenberg spoke about Town expenditures, revenues and Town transparency of where dollars are going.
Deborah Benson voiced concerns with credit cards expenditures, asked for transparency, and questioned checking costs.
Minna voiced concerns that so much time is spent scrutinizing credit card usage when checks and balances are in place.
M/S, Coler/Blash, Motion to approve the Consent Calendar item m.
AYES: Coler, Mayor Blash
NOES: Egger, Ghiringhelli
ABSENT: Hellman
The motion failed.
Future Agenda Items
1. Discussion about Fairfax becoming a Charter City (continued to September-);
2. Discussion on a Parks Rules Committee and revising park rules (Ghiringhelli);
3. Discussion on the Fire Station;
4. Discussion on recommendations to strengthen the Town’s smoking ordinance (Coler);
5. Discussion on public safety in downtown Fairfax and addressing pedestrian safety issues (Egger);
6. Discussion regarding safety issues in downtown such as reducing speed limits, putting in additional crosswalks, etc. (Egger);
7. Closed Session for performance evaluation of the Town Manager and Town Attorney (Ghiringhelli)
8. Discussion on updated housing laws
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Council Reports and Comments:
Mayor Blash announced that Council Reports are included in writing in the Consent Calendar.
Town Manager’s Report
Town Manager Abrams reported: 1) The Town received a grant for the solar app which should be live any day; 2) There will be a lane closure scheduled for May 20th near 232 Frustuck Avenue which is PG&E work; and 3) She will be on vacation starting tomorrow through May 14th and the Police Chief is serving as the acting Town Manager.
Adjournment
The meeting was adjourned at 11:58 p.m. in memory of Joan Kisbey Houston.
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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.
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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.
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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.
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.
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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.
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.
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AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
Mayor Blash opened the meeting to public comment.
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.
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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 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.
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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.
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.