1 Draft August 6, 2025 Town Council Meeting Minutes
AGENDA ITEM #8.C
DRAFT
Fairfax Town Council Minutes
Regular Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via teleconference
Wednesday, August 6, 2025
Call to Order/Roll Call:
Mayor Blash called the Regular Meeting to order at 5:00 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
Closed Session at 5:00 p.m.
In person at the Fairfax Community Center, 16 Park Road
1. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
Govt Code 54956.9
Town of Fairfax v. Carrie Durham
Marin Superior Court, Case Number CIV-0002423
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code §54956.9 (d)(1)
Cecil Brheath Scwarz et.al v. Town of Fairfax
United States District Court, Northern District of California Case number: 3:25-CV-06395
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code §54956.9 (d)(1)
Delta Grinding Company v. Town of Fairfax et al.
Marin Superior Court, Case number: 25-cv-06395-RS
Special Meeting at 6:10 p.m.
In-person meeting at the Fairfax Women’s Club
1. Interview and consider an appointment to the Open Space Committee M/S, Coler/Hellman, Motion to appoint Michale Reeves to the Open Space Committee.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None.
Regular Meeting at 6:30 p.m.
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AGENDA ITEM #8.B
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/Ghiringhelli, 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 the following: Item 1) Direction was given to staff by the Council; Item 2) Cecil Brheath Scwarz, et. al vs. Town of Fairfax; she read a statement into the record regarding the judge not lifting the temporary restraining order (TRO) and the Town will not enforce the ordinance until allowed by law. The TRO will be in place through August 20, 2025 and another hearing will be held on August 19th regarding the Preliminary Injunction. Item 3) Delta Grinding Co. vs. Town of Fairfax, direction was given to staff by the Council and the Council authorized up to $40,000 for a cross complaint.
Open Time for Public Expression
Dan Mahoney, Fire Chief, RVFD, spoke about false accusations suggesting the Fire Department is targeting businesses by means of fire inspections based on political beliefs.
Sean Fitzgerald requested the Town fence off the area around the Bay Laurels which were cleared in Peri Park.
Michael Mackintosh spoke about the Wall property’s appraisal and ownership.
Bill Long, Chair of Marin Open Space Trust, read a portion of a letter sent to the Council regarding the Wall property finances.
Cindy Swift announced Sidewalk CPR Training on Saturday, August 16th from 10 a.m. to 2 p.m. at the Fairfax Fire Station.
Marlene spoke about the Town’s pursuit of lawsuits and charter cities, and questioned the legality of a fundraiser and other events.
Mallory Geitheim requested reinstatement of the Town’s videoing of public speakers participating on-line.
Rick Hamer requested the Council reinstitute the 3-minute speaker time.
Councilmember Ghiringhelli recommended allowing people in the room to speak for more than 15 minutes at the beginning of the meeting. Mayor Blash suggested this be a future agenda item. 3 Draft August 6, 2025 Town Council Meeting Minutes
AGENDA ITEM #8.B
Cindy Ross questioned the status of her petition asking the Town to regulate emissions from the laundromat at Fairfax Plaza in accordance with the Town’s ordinance.
Jane asked for the status of the redwood trees related to street work, as well as the Bay tree at the former encampment.
P.J. Feffer asked the Council to take up the issue of a rental registry.
Minna Kim, Fairfax Chamber of Commerce welcomed new businesses Practical Magic and Clean Happy Dogs and said a ribbon-cutting is scheduled for Sunday at noon at Sugar Shack at 69 Bolinas.
Joe McGary spoke about the Council’s adoption of a peace proclamation and asked to revisit it.
Larry Bragman said he visited an alternative encampment site today with a County official and believes it is viable.
Ricky Hertz spoke about helping to facilitate the dispensary moving and his eviction, citing unfair treatment.
Todd Greenberg spoke about a document related to Victory Village.
Thomas Boyd described false accusations made by Richard Hurts about 1591, 1593 Sir Francis Drake Boulevard.
Regular Agenda
1. Receive and File Certificate of Sufficiency of Local Recall Petitions Seeking Removal of Councilmembers Blash and Hellman and Discuss Setting the Special Municipal Election Date for the Recall
Recusal: Mayor Blash and Vice Mayor Hellman recused themselves and left the dais.
Councilmember Coler took over the matter.
Town Attorney Coleson gave the staff report, an overview of potential dates for a special election, and actions to be taken for the Council to consider the matter.
Councilmembers posed questions and confirmed special and regular election costs and number of registered voters.
Councilmember Coler opened the meeting to public comments.
The following individuals spoke about election costs and voiced support of a November 4th election:
Todd Greenberg, Michael Mackintosh, Candace Neal-Ricker, Sean Fitzgerald, Kathy Flores, Lewis Tremaine, Mallory Geitheim, Mark Bell, Deb London, Chris Kenton, Jane, and Joe McGarry.
Rick Hamer spoke about Council choosing the election date. 4 Draft August 6, 2025 Town Council Meeting Minutes
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Wendy voiced concerns with the Recall election and said petitioners do not represent the majority of the entire town.
Chris Kenton echoed concerns of Wendy.
Cindy Ross questioned whether a second election would be needed if the Recall passed.
Mimi Newton voiced concerns with the cost of the Recall election, questioned if new Councilmembers will need to be chosen, and urged the Mayor and Vice Mayor not to resign.
Joe McGarry voiced support of the Mayor and Vice Mayor and suggested more civility by Councilmembers.
Councilmember Coler clarified the Town cannot add candidates on the ballot during the same Recall measure, clarified there would need to be a second election, and confirmed that costs would not change for Fairfax’s costs unless there are additional measures on the ballot by the Town of Fairfax.
Councilmember Egger asked and confirmed the code states an interim Councilmember appointment may be made, a Special Election must be called within 60 days, and inquired about how resolution numbers are assigned.
M/S, Ghiringhelli/Egger, Motion to receive and file Certificate of Sufficiency of Local Recall Petitions Seeking Removal of Councilmembers Blash and Hellman and to adopt Resolution of the Town Council, Town of Fairfax calling for the holding of a Special Municipal Election on Tuesday, November 4, 2025 for the submission of the question of the Recall of Certain Officers, and to adopt a Resolution of the Town Council of the Town of Fairfax requesting the Board of Supervisors of the County of Marin to render full services to the Town relating to the conduct of a Special Municipal Election to be held on Tuesday, November 4, 2025 for the submission of the question of the recall of certain officers.
AYES: Coler, Egger, Ghiringhelli
NOES: None
RECUSED: Vice Mayor Hellman, Mayor Blash
Returned to Dais/Noted as Present:
Mayor Blash and Vice Mayor Hellman returned to the dais, and were noted as present.
2. Cannabis Business Permit for a Cannabis Storefront Retailer/Adult Use Retail Deliveryonly Business at 1601 Sir Francis Drake Boulevard Mayor Blash opened the public hearing.
Linda Neal, Principal Planner gave the staff report, background, and an overview of the request for a Cannabis Business Permit for a cannabis storefront retailer/adult use retail delivery-only business at 1601 Sir Francis Drake Boulevard.
Vice Mayor Hellman asked, and Principal Planner Neal spoke about the methodology used in determining traffic per industry data.
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AGENDA ITEM #8.B
Mayor Blash asked about the criteria on the appropriateness of this application and the process in terms of receipt of resident complaints. Principal Planner Neal described the 23 meetings held, the business’s location, response to complaints by the applicant as well as to the website for Bureau of Cannabis Control, and what the Town previously approved.
Martin Kaufman, applicant, Marin Retail Ventures, LLC, expressed gratitude relating to the process and encouragement by the community, spoke of his outreach to businesses and neighbors, and said he was available for questions.
Councilmembers posed questions regarding the sale of candy-flavored vape pens marketed to kids, the Chronicle article regarding “Operation Limelight,” the request and commitment by the business to give back to the community, the naming and non-operation of the business in other states, the number of products offered at the store, delivery, and on-line, camera systems for security, the applicant’s non-involvement regarding loans, and the ratio of 40/60 of cash on hand as compared to debit/credit-card processing with trends toward electronic payment.
Mayor Blash opened the meeting to public comment.
Todd Greenberg spoke about comments and concerns from nearby businesses.
Bonnie Zaleski, owner, TLC Tutoring and Learning Center, read her letter submitted to the Town Council regarding the Council waiving the 300-foot buffer in 2024 and her center’s offering of inperson or on-line services.
Ricky Hurtz, 1591 Sir Francis Drake, described this location as much better than 1591 Sir Francis Drake.
Charlie, Muir Avenue, cited hypocrisy with a dispensary being around children.
Jeremy Knutson voiced support of the location, cited the need, and asked that parents be aware of the dispensary.
Sean Fitzgerald voiced support of fairness, noted that no Hill Street residents were in attendance, and noted Lynette Shaw has faced relentless opposition.
Deb London echoed comments of Mr. Fitzpatrick’s comments and opposed Mr. Kaufman’s application.
Larry Bragman suggested the need for a buffer in light of Bonnie Zeleski’s testimony tonight and asked the Council to look at the federal complaint in the Dan Rush case.
Lynette Shaw, owner of the Marin Alliance, cited her circumstances, spoke of her work and help to thousands of people, and said a licensed security guard is required for dispensaries.
Lewis Tremaine said a cannabis business cannot be moved next door to a tutoring center and asked the Council to turn down Mr. Kaufman’s application.
Mark Bell voiced concern and surprise that no one within 300 feet of the dispensary is here.
A speaker said Lynette Shaw has done a good job and the Town does not need a second dispensary.
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AGENDA ITEM #8.B
Michael Mackintosh agreed Mr. Kaufman made a nice presentation but voiced concerns about the Town treating people differently.
Laura opposed Mr. Kaufman’s dispensary, waiving of the 300-foot buffer, crime, and suggested he relocate to the old cottage next to the Post Office.
Cindy Ross voiced concern with having two dispensaries so close to each other and with the legal age of 18 or 21 to be able to buy high THC products.
Dana Card asked the Town to require a security guard and spoke about rising crime associated with dispensaries.
Kelsey Fernandez cited concerns of high THC products and increased use by youth of storefront dispensaries, thinks Lynette Shaw was not complying with Town regulations, and that Mr.
Kaufman will abide by laws.
Richard said he has been at many meetings and asked for fairness and consistency, noting the number of the same businesses within two blocks of each other.
P.J. Feffer thinks the Town would want a vacant space occupied for tax revenues for the Town and cited an Association of Realtor report that shows no increase in crime for dispensaries, as well as no change in property values.
Holly agreed with Richard and P.J.’s comments and thinks the applicant has demonstrated preparedness and a strong understanding of operating the business responsibly.
Christopher Lang referred to his comments that dispensaries are a bad influence on local youth and asked that the new dispensary have similar use permit conditions as Marin Alliance.
Mayor Blash closed the public hearing.
Councilmembers commented on work by Mr. Kaufman to find a location in town, lack of available locations in town for a dispensary, the definition of a tutoring center, confirmation by Mr. Kaufman that kids cannot make purchases at the proposed facility and technological ways to track a purchase and limit any one identification, the tutoring center’s location as 60 feet away from the proposed dispensary location, and received clarification of Mr. Kaufman’s co-founding of a dispensary called Blum and his previous co-ownership of Cookies Oakland, TLC which is not a school but a tutoring center.
Further comments and questions continued regarding evictions of residents and businesses at the School Street Plaza due to upzoning, questions as to whether the business is a franchise operation, TLC’s outdated (2021) business license, confirmation of Ms. Shaw’s business as being within the buffer of the TLC and the Caterpillar preschool academy and the Council’s decision to not take that into consideration and allow her to apply for a CUP, confirmation there are no current cannabis businesses in operation in Fairfax right now, staff’s attempt to determine whether TLC was still operating, the Town not having any dispersal requirement so both dispensary businesses can be near to each other, the ordinance which allows two dispensaries, and the timeframe with which Ms. Neal contacted TLC regarding the status of their business license and response by TLC.
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AGENDA ITEM #8.B
Councilmember Ghiringhelli recommended hearing from TLC, which is a tutoring center and asked if a dispensary business can be 60 feet away from a tutoring center. Town Attorney Coleson replied there is a prohibition in the code on that, and pointed out that Ms. Shaw’s business is within 300 feet of a tutoring center, as well. She suggested continuing the item to the next meeting and have staff speak with the owner of the tutoring center, obtain evidence that they are still operating, and that there are students at that location and not just remotely.
Councilmember Coler asked staff to have the resolution prepared in the event there is a decision made that the tutoring center is not operational.
M/S, Coler/Ghiringhelli, Motion to continue the item to the September 3, 2025 Council meeting for staff to obtain evidence that TLC is still operating with students at that location and to direct staff to prepare a resolution in the event the Council decides to move forward with one or more permits.
AYES: Coler, Egger, Ghiringhelli, Mayor Blash
NOES: Vice Mayor Hellman
BREAK
Mayor Blash called for a break at 9:55 p.m. and thereafter, reconvened the regular meeting at 10:00 p.m.
Waive the 10:00 p.m. Rule
M/S, Coler/Ghiringhelli, Motion to waive the 10:00 p.m. rule and move forward with the meeting.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
3. Rescind Resolution 25-15 and Adopt a Resolution Forming the Bicycle and Pedestrian Advisory Committee with Expanded Membership; and Consider Appointments Planning Director Jeffrey Beiswenger gave the staff report and overview of the consideration to rescind Resolution 25-15 and adopt a new Resolution forming the Bicycle and Pedestrian Advisory Commission (BPAC) with expanded membership to add two Alternate members, and to consider appointments of members and two Alternate members.
Councilmember Coler referred to number 9 of the Resolution which states, “A Town staff member may be assigned as staff liaison to BPAC by the Town Manager” and asked that this state, “…will be assigned….”
Councilmembers confirmed interviews were conducted two months ago, that direction to staff was for five members, two alternates, and one youth member, that the Council could choose to appoint a Council liaison, issues of achieving a quorum, and that staff had recommended members per the rating page from interviews. It was suggested having seven committee members and four alternates wherein Item 3 would be revised to add “Quorum is ___.” For seven voting members, a quorum of seven is four members. The alternates are expected to attend all meetings and they are non-voting members but can vote if the regular member is absent.
Mayor Blash opened the meeting to public comment.
A speaker, founder of the Bike Coalition, said he applied to BPAC but did not get a response. He proposed a project to the Town for safe 36” wide bike lanes, recommended appointing regular members and alternates to maintain a quorum, and voiced his continued interest in serving. 8 Draft August 6, 2025 Town Council Meeting Minutes
AGENDA ITEM #8.B
Gwen Froh, Education and Encouragement Director, Marin County Bike Coalition, voiced support and need for BPAC, suggested 7 members with two alternates, and voiced support for a Council liaison.
Mark Vendetti spoke of his passion and experience in advocating for active transportation and bike and pedestrian policies, and voiced interests in safe bicycling, safe routes to schools, senior accessibility, and designing with people and bikes in mind.
Todd Greenberg voiced support for a BPAC and questioned if staff should guide who should be on the committee.
Michael Mackintosh recommended keeping a large group of people and thinks there is great value to diversity.
Mark Bell spoke about quorums and asked for clarification on the need for a consultant for BPAC.
Mayor Blash asked and confirmed that funding is a grant from TAM which will be reserved for the technical part of the project, with staff preparing most of the Public Engagement plan.
Mina asked to include a representative from the business community that supports walkability and expressed interest.
Sierra Salin thinks the process is flawed and asked to include a member from the County.
Deb London questioned staff’s time to address BPAC when code complaints are not followed up on, asked that a member be pedestrian-oriented, and to continue the matter.
Cindy Ross said that the committee felt bicycle-oriented with pedestrians as an after-thought, described her serious accident, and asked to give back Landsdale Avenue to pedestrians.
Richard said he agrees with difficulties when committees get too big, voiced support for diversity, opposed appointing alternates, and asked that absent members lose their seat after a certain number of missed meetings.
Councilmember Coler commented on the BPAC meeting cadence, encouraged Mr. Salin to participate in the meetings, and voiced support of: Joey Shepp, Andrew Hobbs, Liz Gottlieb, Virginia Rosenthal, and Kyle Jameson; and Eric Bettencourt and Mark Vendetti as alternate members. If people miss three meetings, they should be terminated from serving.
Vice Mayor Hellman suggested considering all five members and two alternates as voting members, and supported termination after missing three meetings.
Councilmember Ghiringhelli supported seven voting members, four alternates, and termination when missing three meetings.
Councilmember Egger recommended a business representative and someone who lives in the downtown to be on BPAC and did not have an opinion on the number of members.
Mayor Blash voiced support of BPAC having seven members and four alternates, termination after missing three meetings, for BPAC to be a standing committee at some point in time, supported those individuals suggested by Councilmember Coler, and volunteered to serve as Council liaison.
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AGENDA ITEM #8.B
Mr. Beiswenger agreed to make revisions to the Resolution, as follows:
• Under the “Now, Therefore, Be it Resolved” clause, he will change this to Bicycle and Pedestrian Advisory Committee (BPAC) as well as in number 2; • Under number 3, he will change the “5” to “7” and “2” to “4”; • Add a new item 4 which implements BPAC absences to read, “BPAC members are expected to attend meetings and, “If a member misses more than three meetings in a sixmonth time period, they are automatically removed from BPAC and replaced by an Alternate member as chosen by remaining BPAC membership.” • Under number 9, Town staff member will be assigned as a staff liaison to the BPAC by the Town Manager; and
• Add a number 10 to state, ”The Town Council shall appoint a Council Liaison to serve on BPAC.”
M/S, Coler/Ghiringhelli, Motion to Rescind Resolution 25-15 and adopt a Resolution, as amended, forming the Bicycle and Pedestrian Advisory Committee with expanded membership to include Joey Shepp, Andrew Hobbs, Kyle Jameson, Eric Bettencourt, Liz Gottlieb, Mark Vendetti, Virginia Rosenthal as the seven voting members. For alternate members, to appoint Ian Walton, Charles Barbieri, Emma Lee McFarland, and Jeffrey Guild as alternate members; and that the resolution be revised to state “A Town staff member will be assigned,” and add if a member misses three meetings within a six-month period, they are removed and BPAC will choose which alternate would become the voting member.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
M/S, Coler/Ghiringhelli, Motion to appoint Mayor Blash as Council Liaison to BPAC.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
4. Adopt a Resolution Authorizing the Town Manager to Execute an Amendment to the Professional Services Agreement with CSW/ST2 for the Park Road Rehabilitation and Improvement Project
Public Works Director Kristin Arnold gave the staff report and overview of the matter to execute an amendment to the Professional Services Agreement with CSW/ST2 for the Park Road Rehabilitation and Improvement Project. Staff recommends the Council consider the amendment to the agreement and adopt a Resolution authorizing the Town Manager to execute the amendment to the agreement.
Councilmember Coler voiced concern with Ross Valley Sanitary District and PG&E, and asked if contingencies have been planned. She suggested moving forward and for a contingency for PG&E, with them fixing everything afterwards.
Ms. Arnold spoke of her meeting with PG&E and their timeframe given, said she is meeting with Ross Valley Sanitary District tomorrow to re-discuss when they can do the work. Everybody is very aware of the funding deadline which has been communicated. She then described conflicts with the utilities and storm drain location.
Councilmember Coler asked for routine updates on the project, given uncertainties with the Sanitary District and PG&E.
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AGENDA ITEM #8.B
Councilmember Egger asked if ARPA funds will need to be returned if not spent, asked if the $79,880 to the consultant include project management, and Ms. Arnold said she will serve as Project Manager.
Mayor Blash asked and confirmed that the redwood trees will be protected during construction, and Ms. Arnold said staff is also looking into modifications on the sidewalk to help protect tree roots, as well.
Mayor Blash opened the meeting to public comment.
Michael Mackintosh voiced concerns about alternatives and change orders related to costs.
Sean Fitzgerald referred to the November 2024 staff report and ARPA funds and added expenses to have CSW on site to answer questions about the engineering plans.
Mark Bell questioned additional engineers needed to be hired to oversee work, and thinks it would have been less expensive to go with an alternate local bidder.
Todd Greenberg asked to examine the bid and award process and procedure.
Deb Benson agreed with questions and comments of speakers, cited the need for extensive drawings and a tree protection plan, and questioned the bid and award process.
Mayor Blash asked about the public bidding process.
Town Manager Abrams briefly described California Public Works law, and that the Town is required by law to choose the lowest responsive bidder. The Council allocated funding on November 6, 2024 and had to do this by the end of December.
Councilmember Ghiringhelli suggested studying the bidding process to better screen the qualifications of bidders and their bids.
In response to Mayor Blash’s question about project management, Ms. Arnold provided an example of a project where staff reviews the project to determine it meets the specifications of the bid. The contractor sometimes submits an equivalent product to save the Town money. While she was not with the Town initially for this project, having the design engineer on board can help her review that, which is very valuable.
M/S, Coler/Ghiringhelli, Motion to adopt a Resolution authorizing the Town Manager to execute an Amendment to the Professional Services Agreement with CSW/ST2 for the Park Road Rehabilitation and Improvement Project
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None.
Waive the 11:30 p.m. Rule
M/S, Ghiringhelli/Coler, Motion to waive the 11:30 p.m. rule and move forward with the meeting.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None
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AGENDA ITEM #8.B
5. Adopt a Resolution Authorizing the Town Manager to Execute a Second Amendment to the Professional Services Agreement between the Town and Fairchild Broms Design for the Fire Station 21 Remodel Project
Public Works Director Kristin Arnold introduced Fire Chief Dan Mahoney who was available to answer questions. She then presented the staff report, background, and overview on the updates of Fire Station 21 and requested that the Council authorize the Town Manager to execute a second amendment to the agreement between the Town and Fairchild Broms Design.
Councilmembers posed questions on reasons why a cost estimator is needed given a previous cost estimate, and the Town Manager and Chief Mahoney provided a detailed explanation.
Mayor Blash opened the meeting to public comment.
Michael Mackintosh asked the Town to discuss trading properties with School Street properties and asked to better understand the bid and other costs.
Todd Greenberg questioned what the costs will be and how this will be financed.
Mark Bell echoed speaker comments, asked for exact costs and determine the best way to finance it.
Councilmember Ghiringhelli asked and confirmed with Chief Mahoney and Ms. Arnold the process undertaken in getting detailed drawings, obtaining cost estimates and an Engineer’s Estimate, and moving forward with the bid process.
M/S, Coler/Hellman, Motion to adopt a Resolution authorizing the Town Manager to execute a Second Amendment to the Professional Services Agreement between the Town and Fairchild Broms Design for the Fire Station 21 Remodel Project.
AYES: Coler, Egger, Ghiringhelli, Vice Mayor Hellman, Mayor Blash NOES: None.
BREAK
Mayor Blash called for a brief break at 12 midnight, and thereafter, reconvened the Regular meeting.
Noted as Absent:
Deputy Town Clerk Christine Foster announced that Vice Mayor Hellman left the meeting at 11:55 p.m.
6. 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 Coler thanked Jeff Bolts and members of the Fairfax Open Space Committee for the proclamation designating the Northern Spotted Owl as the official Town Bird of Fairfax. 12 Draft August 6, 2025 Town Council Meeting Minutes
AGENDA ITEM #8.B
Councilmember Egger requested removal of Item a.
Mayor Blash opened the meeting to public comment.
Todd Greenberg commented that Vice Mayor Hellman is not present in the room for the Consent Calendar and requested removal of Items a, b, f, and h, and provided comments regarding Items b and f.
Mark Bell referred to Item i and questioned housing development’s impact of the protected species.
Michael Mackintosh asked for more than 2 minutes to speak, questioned the cost for Item h, and questioned Closed Session items.
P.J. Feffer referred to Councilmember Reports and asked about one Councilmember not filing a report since February.
Councilmember Coler clarified for Item h that Marin Street Smarts program covers the cost. b. Receive report on Councilmembers’ assignments, committees, and activities in July 2025
c. Approve Minutes from the June 4, 2025 Town Council Meeting d. Adoption of a Resolution Making Certain Findings and Determinations in Compliance with Section XIIIB of the California Constitution (Gann Initiative) and Setting the Appropriation Limit for Fiscal Year 2025-26
e. Adopt Resolution Setting the Living Wage for Town Employees and Town Contract Employees pursuant to the Annual Review Requirements of Section 8.56.020 of the Town Code
f. Treasurer’s Report for Quarter Ending June 30, 2025
g. Receive Fairfax Department of Recreation and Community Services Quarterly Financial April – June report
h. Adopt a Resolution Authorizing the Display of Street Smarts Banners from September 29th to November 14th, 2025
i. Adopt a Proclamation Designating the Northern Spotted Owl as the Official Town Bird of Fairfax, California
M/S, Coler/Egger, Motion to approve the Consent Calendar Items b, c, d, e, f, g, h, and i.
AYES: Coler, Egger, Ghiringhelli, Mayor Blash
NOES: None
ABSENT: Vice Mayor Hellman
Items Removed from the Consent Calendar:
a. Receive Financial Statement and Disbursement Reports for June 2025 13 Draft August 6, 2025 Town Council Meeting Minutes
AGENDA ITEM #8.B
Councilmember Egger questioned and Finance Director Viverette responded to the following budgets: Town Attorney, Street Lights and Traffic Signals, Human Resources, Licenses, and Elections.
Mayor Blash opened the meeting to public comment.
Todd Greenberg commented on legal costs, requested pagination, and a table of legal costs for every staff report.
Mark Bell questioned the Climate and Environment budget ,and asked for a complete breakdown of general and special legal costs.
Michael Mackintosh asked to see a more detailed explanation of all federal funds expended, extended, or borrowed against, and recommended putting the Financial Report on-line.
Councilmember Ghiringhelli said he has asked to receive itemized bills from attorneys, asked whether insurance funds are being spent on attorneys.
Town Attorney Coleson stated there is a $50,000 deductible when there is a lawsuit and the rest of the cost is covered and paid by the pooling authority. Itemized bills are attorney-client privilege and cannot be made public to Councilmembers until litigation has concluded.
M/S, Coler/Blash, motion to approve the Consent Calendar Item a.
AYES: Coler, Egger, Ghiringhelli, Mayor Blash
NOES: None
ABSENT: Vice Mayor Hellman
Council Reports and Comments:
Mayor Blash announced that Council Reports are included in writing in the Consent Calendar.
She announced a Mayor and Manager Happy Hour will be held from 5-6 on August 14th.
Future Agenda Items
1. Discussion about Fairfax becoming a Charter City (continued to September-Egger);
2. Discussion on a Parks Rules Committee and revising park rules (Ghiringhelli);
3. Discussion on recommendations for strengthening the Town’s smoking ordinance and tobacco regulations (Coler);
4. Discussion about downtown safety issues (Egger); and
5. Discussion of updated housing laws
Town Manager’s Report
Town Manager Abrams gave the following report:
• The update regarding the temporary restraining order on the Town’s anti-camping ordinance went out in a news post;
• Discussed at the Disaster Council today was the evacuation drill which will be held in Fairfax and ending at the Ember Stomp, and she presented the poster which will be distributed.
• She reminded those interested in receiving updates to subscribe to the Town’s newsletter. • A ribbon-cutting for Sugar Shack will be held at 12 noon on Sunday welcoming new businesses.
• Sidewalk CPR will be held on August 16th at the Fire Station, as mentioned previously. 14 Draft August 6, 2025 Town Council Meeting Minutes
AGENDA ITEM #8.B
Adjournment
The meeting was adjourned at 12:35 a.m. in memory of Augie Garcia and Bill Whitney. 1 Draft September 3, 2025 Town Council Meeting Minutes
DRAFT
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
Jeff 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. 2 Draft September 3, 2025 Town Council Meeting Minutes
Marlene Rogo questioned transparency and described the lack of Council reports and meetings with Town staff from specific Councilmembers.
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. 3 Draft September 3, 2025 Town Council Meeting Minutes
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.
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.
4 Draft September 3, 2025 Town Council Meeting Minutes
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.
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. 5 Draft September 3, 2025 Town Council Meeting Minutes
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.
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.
6 Draft September 3, 2025 Town Council Meeting Minutes
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
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. 7 Draft September 3, 2025 Town Council Meeting Minutes
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.
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. 8 Draft September 3, 2025 Town Council Meeting Minutes
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.
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. 9 Draft September 3, 2025 Town Council Meeting Minutes
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
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. 10 Draft September 3, 2025 Town Council Meeting Minutes 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.