1 September 3, 2025 Town Council Meeting Minutes
Fairfax Town Council Minutes
Regular Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via teleconference
Wednesday, September 3, 2025
Call to Order/Roll Call:
Mayor Blash called the Regular Meeting to order at 6:30 p.m.
COUNCILMEMBERS PRESENT: Lisel Blash, Mayor
Barbara Coler
Frank Egger
Michael Ghiringhelli
Stephanie Hellman, Vice Mayor
STAFF MEMBERS PRESENT: Heather Abrams, Town Manager
Christine Foster, Deputy Town Clerk
Janet Coleson, Town Attorney, Public Agency Law
Jeff Beiswenger, Planning Director
Kristin Arnold, Public Works Director
Michael Vivrette, Finance Director
Rico Tabaranza, Police Chief
Linda Neal, Principal Planner
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/Blash, 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.
Report Out on Closed Session
Town Attorney Coleson announced there was a Closed Session at the last meeting, and a report had been provided at that time.
Open Time for Public Expression
Geoff Bolt, member of Fairfax Open Space Committee, thanked the Town Council for their support for naming the Northern Spotted Owl as the Town’s official bird and announced the Committee is seeking artists to depict the bird on their new T-shirts.
Marleen Roggow questioned transparency and described the lack of Council reports and meetings with Town staff from specific Councilmembers.
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Rick Hamer commended the Town and Council for moving quickly on the encampment and asked to revisit the Safety Element.
Mark Bell questioned the Town’s finances, estimated costs spent on the encampment, and PRA requests regarding the rent stabilization and just cause ordinances.
Michael Little described his filling of two lawsuits on the Town and his civil rights.
Todd Greenberg spoke about the responsibility of the Council and Town staff to use whistleblower laws and asked for full abatement of the encampment site.
Cindy Ross asked for signs asking that bikes and e-bikes stop at STOP signs and be restricted on sidewalks, that business signs not be placed in the middle of the street, and to revisit public speaking time.
Jody Timms announced various upcoming events: Ember Stomp, the Town Picnic, Repair Fair in San Anselmo, Celebrate the Power of the Sun, and the Marin Green Home Tour.
Regular Agenda
1. Consider Cannabis Business Permit for a Cannabis Storefront Retailer/Adult Use Retail Delivery-only Business at 1601 Sir Francis Drake Boulevard Mayor Blash opened the public hearing.
Principal Planner Linda Neal gave the staff report, described corrections made in the staff report and resolution, provided clarification of rental units discovered and attempts made to obtain information from the owner of the tutoring center, and staff’s recommendation for approval of the cannabis permit at 1601 Sir Francis Drake Boulevard.
Councilmembers posed questions and comments related to the lack of response from the TLC owner, TLC’s current provisions for tutoring services, clarification of rental and use of two units and a garage on site, status of TLC’s business license, and Town Code Section 17.110.020 which defines tutoring centers.
Mayor Blash opened the meeting to public comments.
Todd Greenberg cautioned the Town’s liability and potential legal costs associated with the item.
A speaker read her letter regarding her opposition to allowing a cannabis dispensary at 1601 Sir Francis Drake Boulevard.
Dan Ackard opposed approval of the cannabis dispensary and cited increased crime near dispensaries.
A speaker voiced support of the cannabis dispensary application and cited TLC’s nonresponsiveness.
Bridget Clark spoke about client confidentiality, TLC’s operation on-site and remotely, the owner’s need to help her elderly father, and supported buffer zones.
Erica Calvay echoed comments of the previous speaker to allow time for the business to continue its operations and to honor the buffer zone and residents. 3 September 3, 2025 Town Council Meeting Minutes
Don Carney spoke of drug culture and its impact on children and area schools.
Mark Bell supported TLC’s wish to not divulge their client list because of computer hacks.
Rick Hamer voiced non-support of the dispensary from personal experience and opposed violation of the buffer zone.
Michelle Leapold, founder of Marin Residents for Public Health, commented on the ease of an 18-year-old in getting a medical marijuana card and described THC potencies.
Cindy Ross referred to La Flōr’s website which describes operations as a medical storefront and adult use delivery service which is different from delivery-only and opposed approval.
Councilmember Coler confirmed with the Town Attorney that the application is for a medical dispensary and recreational delivery.
Bonnie, owner of TLC, clarified TLC is an active and operating business, said they have a current business license, and has served students for 44 weeks during this past year. Her property is a multi-use building with a dedicated space for tutoring services as well as separate rental units, and she emphasized she is committed to working cooperatively with the Town to provide validation of her business status. She requested confidentiality of her business interests to protect her client’s private information and was available for questions.
Jeremy said the applicant has followed all rules and they are compatible with what Fairfax wants for a cannabis dispensary.
Marie Black spoke about the differences between the two dispensaries, described her need for cannabis versus opioids, and said she currently must drive to Sonoma County for pain relief.
Mike Kaufman said he lives 500 feet away from the proposed storefront, has never seen anyone at the tutoring center for over 28 years, and asked that his son’s application be treated fairly.
Gabriel Robinson expressed his opposition to the proposal and voiced concerns with the lack of accountability, enforcement, neighborhood impacts, and recourse for neighbors.
Holly voiced support of the application and spoke about previous permits approved for cannabis operations, and commented on the non-responsiveness by the owner of TLC.
Mimi echoed comments of support of the application and asked the Council to apply the language of the ordinance fairly.
Kelsey Fernandez asked the Council to put youth and well-being over the cannabis business, asked to allow TLC the chance to prove her business meets criteria, and cited high potency impacts of THC on youth, access, and reasons buffer zones are in place.
Mayor Blash called upon the applicant for comments.
Mr. Kaufman spoke about his qualifications to operate the business, its compatibility with zoning, cited non-response from TLC, spoke about meeting with neighbors and conducting a traffic study, and asked to treat his application fairly.
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Councilmembers posed questions to the applicant regarding the potential for people hanging out in the parking lot and the applicant provided information about site cameras, no loitering policies, their security plan, support of youth groups, and hours of operation of 9 a.m. to 9 p.m.
Mayor Blash closed the public hearing, and called for Council deliberation.
Mayor Blash, Councilmembers, and the Town Attorney discussed and clarified buffer distances, TLC’s documentation regarding on-site tutoring, changes made to the Town ordinance, application of standards and fairness, potential liability concerns, regulations imposed by the State and local rules, suggested changes to operating hours, confirmation of an annual review during the one-year renewal for the dispensary, potential findings that could be made in waiving the buffer, and a similar waiver done for Marin Alliance that could be done for La Flōr.
Councilmember Coler recommended adopting the resolution that states TLC tutoring Center is not currently operating as to its definition in the code, waiving the 300-foot radius, and approving the application. The Council then reviewed the proposed resolution.
M/S, Coler/Hellman, Motion to adopt Resolution 2025-xx, a Resolution of the Fairfax Town Council waiving the requirement for a 300-foot radius around tutoring centers and approving a commercial cannabis business permit for a medical use cannabis storefront retail and cannabis delivery only adult use retail business at 1601 Sir Francis Drake Boulevard. (She then read the “Whereas” and “Now, Therefore, Be It Resolved” clauses from the resolution into the record).
AYES: Coler, Vice Mayor Hellman, Mayor Blash
NOES: Egger, Ghiringhelli
BREAK
Mayor Blash called for a break at 9:03 p.m., and thereafter, the Council reconvened the Regular meeting at 9:13 p.m.
2. Discuss Transitioning to a Charter City
*This Item was continued from the June 4, 2025 Town Council Meeting Town Manager Abrams gave the staff report, background and PowerPoint presentation of the potential transition to a Charter City and whether to proceed with further analysis and outreach.
Councilmember questions ensued regarding levels of property transfer taxes, recent outcomes of local Charter City measures, goals of being a Charter City, Town reporting and living wage structures, County-run elections with the Town’s current practice, litigation by Southern California Charter Cities against SB 9 which was appealed, and a suggestion to continue the item until the 2nd Appellate Court has issued a ruling.
Mayor Blash opened the meeting to public comment.
Todd Greenberg voiced support for continuance of the item and suggested the Council and Town Manager provide updates.
Deb London voiced support to pursue a Charter City, supported a Town Administrator model.
Holly said the transfer tax does not seem to be popular but preferred San Rafel’s model over El Cerrito’s model due to money coming out of the buyer and seller’s pockets.
Michael Mackintosh echoed all speaker comments, cited an upcoming recession and opposed additional tax transfers, and supported the authority of the Council. 5 September 3, 2025 Town Council Meeting Minutes
Cindy Ross agreed with speakers but was confused with the purpose of the Town becoming a Charter City and to consider more how it would benefit residents.
Jenny thinks the Council should learn more about becoming a Charter City and identify what good things it could provide for the Town before approving it.
Mayor Blash and Councilmembers commented on both positive and negative items in becoming a Charter City and a suggestion was made to check the City of Bell.
M/S, Egger/Coler, Motion to continue the item until there has been a ruling made by the 2nd Appellate Court.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
Waive the 10:00 p.m. Rule
M/S, Coler/Ghiringhelli, Motion to waive the 10:00 p.m. rule.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
3. CONSENT CALENDAR The Council can approve all items on the Consent Calendar in one action. Alternatively, any Council or staff member can remove items for separate discussion and voting. Public comments for Consent Calendar items are taken collectively, not item by item. During this period, speakers may address any item on the Consent Calendar, with each speaker allotted up to two minutes and limited to one comment session.
Councilmember Ghiringhelli requested removal of Items a, b, d, and e.
Councilmember Egger requested removal of Item c.
Mayor Blash opened the meeting to public comment.
Mark Bell requested removal of Item g and spoke about strain on the electric grid and other climate concerns.
Todd Greenberg asked to change the Consent Calendar to numbered items and to put controversial items on the regular agenda.
Michael Mackintosh echoed speaker comments about putting controversial items on the regular agenda.
Councilmember Coler referred to Items g and h and asked the Climate Action Committee to consider more realistic goals to reach zero emissions.
Vice Mayor Hellman recognized Bridget for her work in putting together the Climate Action Progress Report and Annual Action Plan.
f. Authorize the Mayor to Sign an Updated Letter to the District Attorney Renewing the Request for Enforcement Action Against Manufacturers and Retailers That Mislabel Electric Motorcycles as Legal E-Bikes
g. Receive the 2024-25 Climate Action Progress Report
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h. Receive Climate Action Committee 2025-2026 Annual Action Plan i. Adopt a Proclamation Recognizing September as Suicide Awareness Prevention Month
j. Adopt a Proclamation Recognizing September as Childhood Cancer Awareness Month
k. Adopt a Proclamation Recognizing September 15 – October 15 as National Hispanic Heritage Month
M/S, Coler/Ghiringhelli, Motion to approve the Consent Calendar Items f, g, h, i, j and k.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
Items Removed from the Consent Calendar:
a. Financial Statement and Disbursement Reports for July 2025 Councilmember Ghiringhelli referred to the Wall Property Rehab on page 5 of 5, received an explanation from the Finance Director regarding the $45,000 figure, voiced concerns with the liability, maintenance, and insurance for the Wall property and confirmed the County is willing to maintain the fire road but not take it into their Open Space District. It was noted that fundraising has increased in order for the Town not to have to come up with $500,000.
Councilmember Egger referred to legal expenses and confirmed with Mr. Vivrette the various legal expenses for on-going cases where, once settled, a detail of costs can be provided.
Councilmembers Ghiringhelli and Egger referred to various department salaries for staff, confirmed full costs and salaries for FTEs and PT positions, requested the report identify the number of staff members in each department, confirmed the elected Town Clerk does not receive a stipend, and that the Treasurer receives a $300 stipend per month.
Mayor Blash opened the meeting to public comments.
Todd Greenberg spoke about non-attendance to meetings and non-response to the public by the Town Clerk, accounting of credit cards, and the need for an audit.
Mark Bell spoke about other towns providing a breakdown of Town Attorney costs and salary ranges.
Michael Mackintsoh said attorneys have always been required to provide billing at 1/6th or 1/10th of an hour and asked for transparency of costs without providing confidential information.
Deb Benson spoke about preparation of the Finance Report on the cash basis whether that reflects the true picture and thought the Town Treasurer also has benefits in addition to the stipend of $300.
Rick Hamer said he experienced first-hand Town staff’s work in the Planning Department and Town Clerk and questioned the desire by some Councilmembers to reduce the Town’s workforce and service levels.
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Councilmembers confirmed with Mr. Vivrette that the Town Treasurer receives no benefits other than the $300 stipend, Workers’ Compensation, required retirement payment for PTS which is a substitute for Social Security, and for Medicare, and that the financial report reflects what is paid on the month being reported.
M/S, Coler/Ghiringhelli, Motion to approve the Consent Calendar Item a.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
b. Receive report on Councilmembers’ assignments, committees, and activities in August 2025
Councilmember Ghiringhelli spoke about his choice to not submit a Councilmember report.
Mayor Blash and Councilmembers explained free speech rights by the public and ways individual Councilmembers wish to report on their work and activities which also provides transparency in representing the Town.
Mayor Blash opened the meeting to public comment.
Todd Greenberg suggested the Town Manager’s report be provided in writing.
Michael Mackintosh thinks it is important for Councilmembers to identify what they are doing so the public knows and for the Town Manager to provide a written report.
Councilmembers agreed with the current practice of Councilmembers not being required to provide a written report and clarified the ability for any Councilmembers to meet with the Town Manager.
M/S, Coler/Ghiringhelli, Motion to approve the Consent Calendar Item b.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
c. Approve Minutes from the July 16, 2025 Town Council Meeting Councilmember Egger referred to page 6 regarding the Town’s auditing firm and asked to revise the sentence to state, “Councilmember Egger asked about and was advised that the Town has calendared….”
Mayor Blash opened the meeting to public comment.
Todd Greenberg spoke of the Town’s consideration of action meeting minutes, the former minutetaker, and stated the minutes are not accurate reflections of his comments.
Michael Mackintosh believes additional comments relating to discussions regarding single audits, credit cards, items audited, and tracking of expenses should be included in the minutes.
Deb Benson made comments regarding the former minute-taker and voiced concerns with the cost of providing minutes.
Mayor Blash noted the Council talked about action minutes, the cost of producing minutes, Councilmember comments in what the minutes should represent, and decided to continue the current practice, which is to reflect the decisions made by the Council. 8 September 3, 2025 Town Council Meeting Minutes
M/S, Coler/Ghiringhelli, Motion to approve the Consent Calendar Item c, as revised, to accept edits on page 6; to revise the sentence to state, “Councilmember Egger asked about and was advised that the Town has calendared….”.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
Noted as Absent:
Vice Mayor Hellman left the meeting at 11:03 p.m.
d. Accept $66,183.33 from Marin Open Space Trust (“MOST”) and Provide Assurance that the Funds Will be Used Only for Restoration and Stewardship of the Wall Property and Provide a Mutual Waiver of any Future Claims Related to this Matter.
Town Manager Abrams gave a brief overview of the item and asked for questions of the Council.
Councilmember discussion ensued regarding confirmation from the Town that there is no current litigation against MOST and the $40,000 donation from the Jessica Green Trust.
Mayor Blash opened the meeting to public comment.
Todd Greenberg questioned the absence of Vice Mayor Hellman, suggested public monies involved in the item, and asked for best practices and transparency.
Michael Mackintosh echoed Mr. Greenberg’s comments and asked for transparency.
Rick Hamer asked to remember Jessica Green’s intention to memorialize and support the Wall property.
Councilmember Egger said he is not prepared to approve any waivers until he sees a complete accounting.
M/S, Coler/Blash, Motion to approve the Consent Calendar Item d.
AYES: Coler, Ghiringhelli, Mayor Blash
NOES: Egger
ABSENT: Vice Mayor Hellman
e. Approve Responses to the 2024-2025 Marin County Civil Grand Jury Report entitled The Worrisome Future of Marin Housing
Councilmember Ghiringhelli suggested the State create new cities instead of forcing housing in cities that cannot support infrastructure and safety. He cited impacts of traffic congestion, job displacement, and resultant lowering of property values.
Mayor Blash referred to Figure 2 which is on page 5 of 21 and stated while the Town strives to provide RHNA and housing information to the public, many public members are unaware of what is happening with new housing laws and developments in Marin.
Mayor Blash opened the meeting to public comment.
Todd Greenberg referred to the staff report by the Planning Director and said the item is controversial and should be put on the regular agenda.
Waive the 11:30 p.m. rule
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M/S, Coler/Blash, Motion to waive the 11:30 p.m. rule.
AYES: Coler, Egger, Ghiringhelli, Mayor Blash
NOES: None
ABSENT: Vice Mayor Hellman
Michael Mackintosh asked the Council to credit Mr. Greenberg for his statements and thinks there is an affordability housing crisis.
Rick Hamer said the report is not due until 90 days from June 24th and suggested the item be continued to a future meeting.
Council members briefly commented and clarified the action proposed for the item.
M/S, Coler/Blash, Motion to approve the Consent Calendar Item e.
AYES: Coler, Mayor Blash
NOES: Egger, Ghiringhelli
ABSENT: Vice Mayor Hellman
Town Manager Abrams stated the motion failed and therefore, staff will need to agendize the item for the next meeting.
Council Reports and Comments:
Mayor Blash announced that Council Reports are included in writing in the Consent Calendar.
Future Agenda Items
1. Discussion about Fairfax becoming a Charter City (continued-Egger);
2. Discussion on a Parks Rules Committee and revising park rules – October (Ghiringhelli);
3. Discussion on recommendations for strengthening the Town’s smoking ordinance and tobacco regulations (Coler);
4. Update on Housing Laws; and
5. Performance Evaluation of Town Attorney and Town Manager Town Manager’s Report
Town Manager Abrams gave the following report:
• Staff posted a Town Newsletter and she encouraged everybody to subscribe to it; • Staff is holding another meet-up with the Mayor and Manager at Good Earth on Friday at 9 a.m. The Public Works Director will be in attendance, as well; • Staff is working on scheduling a special meeting for the Council for a presentation on Housing Laws update; and
• The next Town Council meeting will be held on October 15, 2025.
Adjournment
The meeting was adjourned at 11:43 p.m. in memory of Patricia Minniker, Mary Linda McAleavey Johnston, Lisa Maldonado, and Joseph William Daly.