AGENDA ITEM 8.e.
DRAFT
Joint Town Council and Planning Commission
Special Meeting – Housing Law Presentation
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via teleconference September 30, 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
PLANNING COMMISSIONERS PRESENT: John Bela
Philip Feffer, Chair
Robert Jansen
Mimi Newton
Cindy Swift, Vice Chair
Danielle Petrone
STAFF MEMBERS PRESENT: Heather Abrams, Town Manager
Christine Foster, Deputy Town Clerk
Janet Coleson, Town Attorney
Janabai Owens, Deputy Town Clerk
Jeff Beiswenger, Planning Director
Special Meeting at 5:00 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 5:08 p.m.
Pledge of Allegiance: Mayor Blash led in the Pledge of Allegiance.
Roll Call:
Council Members Present: Blash, Coler, Egger, Ghiringhelli, Hellman Planning Commissioners Present: Bela, Feffer, Jansen, Newton, Swift, Petrone Staff Present: Beiswenger (Director of Planning and Building Services), Abrams (Town Manager), Coleson (Town Attorney), Owens (Clerk’s Office)
Approval of Agenda
Agenda moved forward.
Land Acknowledgement:
Mayor Blash read the Land Acknowledgement.
Meeting Protocol:
Mayor Blash read the Meeting Protocol.
Presentation:
Housing Law Presentation
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Planning Director Jeff Beiswenger introduced the Housing Element certification process and Regional Housing Needs Allocation (RHNA) requirements.
Barbara Kautz from Goldfarb & Lipman presented on California housing laws, including the Housing Accountability Act, density bonus laws, ministerial approvals, waivers, concessions and recent state legislation.
Council and Planning Commission discussion held with Barbara Kautz encompassed several topics including the implications of California housing laws on local governance, the intricacies of state housing requirements such as the Housing Accountability Act, and its impact in Fairfax. There was significant interest in how these laws, particularly density bonus laws, concessions, and waivers, affected local zoning and decision-making processes. Members expressed interest over how the state’s mandates might impact the physical and cultural landscape of Fairfax, debated strategies for influencing legislation, discussed methods for setting robust objective standards particularly around safety and evacuation, and explored the potential for local control amidst state priorities.
Additionally, the conversation touched upon options for engaging with or potentially resisting state mandates.
Public Comment Summary:
Sierra Salin spoke about the profit-driven nature of housing developments in Fairfax, questioning their alignment with the town's needs and resources such as water and infrastructure.
John Reed spoke about the extent of density bonuses, waivers, and concessions, stressing the need to limit the escalation of development project sizes.
Jo Carson asked about the definitions of low and very low income, suggesting a need for Fairfaxspecific definitions and examining the decision-making processes behind these.
Shelby Lamott spoke about addressing safety concerns within Fairfax's housing standards and encouraged community engagement with state legislators to effect change.
Miriam Weinstein spoke about the practicality of meeting state housing numbers if actual construction didn’t follow due to external factors, and questioned whether builders’ remedies could be invoked in such scenarios.
Valerie Hood spoke about population evacuation safety during emergencies, highlighting infrastructure and gridlock issues on local roads.
Candice Neal-Ricker spoke about low-income residents who might not benefit from the proposed housing, voicing concerns about increased traffic and neighborhood parking issues.
Sean Fitzgerald discussed broader economic trends affecting housing availability and surplus while warning against unintended consequences of over-building, such as a real estate market collapse.
Michael MacIntosh asked about the legalities surrounding the planning choices and the potential liabilities in the event of fires and accidents due to increased density.
Mark Fiori championed the idea of negotiating conditions of approval on developments.
Todd Greenberg questioned the local benefit of the new housing, highlighting possible financial implications of state mandates on Fairfax.
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Deb London urged the Fairfax community to unite in opposition to the state mandates and push back through legal and political means.
Jenny Schmidt called for unity in the community to address the challenges presented by state housing laws, focusing on realistic and constructive solutions.
Jane expressed discontent over the timing of addressing these issues and called for earlier public involvement in the housing element process.
Cindy questioned the fairness of comparing small towns like Fairfax to much larger cities in terms of housing mandates and projects.
Kay shared concerns about the lack of local transportation and social infrastructure to support an aging population, citing public health warnings about senior isolation.
Kevin spoke about the concept of double-dipping with state and local density bonuses, which tend to exponentially raise permissible project sizes.
Liz asked about the limitations placed on public meetings regarding housing projects, specifically questioning developers’ ability to manipulate such meetings.
Adjournment:
The meeting was adjourned at 8:42 p.m. in memory of Joseph Murphy. 3