FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
SPECIAL AGENDA ITEM #3
MEETING DATE May 6, 2026
PREPARED FOR Mayor and Town Council
PREPARED BY Christine Foster, Assistant to the Town Manager/Deputy Town Clerk SUBJECT Interview and consider appointment of applicants to fill one vacancy on the Planning Commission for a term expiring July 31, 2027
RECOMMENDATION
1. Interview applicants Bill Madsen and Daniel Cardozo for the Planning Commission.
2. Appoint one applicant to fill the vacancy for a term expiring July 31, 2027.
BACKGROUND
There is currently one (1) vacancy on the Planning Commission for a term expiring July 31, 2027. The Commission consists of seven members serving four-year terms and is responsible for land use decisions, including development review and implementation of the General Plan.
Members must reside within Town limits and are required to file an annual Form 700 Statement of Economic Interests (a public disclosure of financial interests to identify potential conflicts).
The Town received two applications:
• Bill Madsen
• Daniel Cardozo
DISCUSSION
Bill Madsen previously served two terms on the Planning Commission approximately 20 years ago and has construction experience and prior plan checking experience. He indicated interest in filling the recently vacated position and emphasized maintaining community appeal.
Daniel Cardozo brings nearly 50 years of experience in land use planning, environmental law, and public agency operations. He is also a current member of the Fairfax Climate Action Committee. If appointed, Mr. Cardozo would immediately resign from his position on the Climate Action Committee.
Both applicants meet eligibility requirements and bring different perspectives.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENT
Bill Madsen Application (redacted)
Daniel Cardozo Application (redacted)
Boards and Commissions Application : Entry # 10143
and labor law. My relevant work included:
o Representing environmental, community and labor groups in land use and environmental permitting proceedings, seeking to ensure that proposed development projects fully mitigated all environmental and public health and safety impacts and complied with all applicable legal and regulatory requirements.
o Led ABJC practice related to state and local adoption of building and construction codes and standards. Represented a coalition of environmental health groups, Sierra Club, California Consumer Federation and labor organizations opposing approval of potentially hazardous new building materials without full CEQA review. o Served for 20 years as General Counsel to a large California Water District responsible for water supply and natural resource management for the 250,000-acre Grassland Ecological Area, the largest freshwater marsh habitat in the western United States.
Advised the District Governing Board on all legal and policy matters, including negotiating water contracts, District fee increases, employment matters, compliance with Brown Act, Public Records Act, Political Reform Act and other conflict of interest laws, response to a Grand Jury investigation and other public agency law matters. o Served for several years as Special Counsel to the City of Belmont, advising the City Council on various land use matters. - Past member of the Bernal Heights Neighborhood Design Review Committee in San Francisco. - Current member of the Fairfax Climate Action Committee.
What is your vision for the Town of Fairfax?
In my view, protecting and preserving the small-town, village-like character of our community should be the overarching goal that guides the Town’s land use planning and regulation of new development. This would involve utilizing all lawful authority in a manner designed to protect open space and sensitive habitat, maintain the historic character of the downtown core and protect existing neighborhoods, while ensuring that new development is appropriately located and designed consistent with these goals.
In light of the state’s unprecedented intrusion into local land use authority, which has effectively eliminated discretionary review of qualifying residential projects, it is especially important that the Town undertake an in-depth review of its Objective Design and Development Standards (ODDS). The Town did adopt revised ODDS in 2023 in response to changes in state housing law, however, given the continued expansion of state restrictions local authority, and the limitations of the current ODDS revealed in the School Street Plaza Project review process, I think it is critical that we revisit the issue.
This review should also consider Town adoption of evidentiary standards and findings that would be required before project applicants would be granted waivers and exemptions from the expanded objective standards to ensure that the waivers and exemptions are consistent with the intent of statutory requirements and are not being used to avoid any Town oversight.
I recognize the challenge that such an endeavor presents. The goal is to develop standards and requirements that would enable the Town to have a meaningful impact on project design and possibly other elements of a development, but the standards must also be legally defensible as truly objective and not involving the exercise of discretion. That is a difficult needle to thread. Even a more robust set of ODDS would not restore the kind of development review authority that previously existed, but it is the only avenue available to maintain some degree of Town influence over the design and development of qualifying projects. Local jurisdictions throughout the state are now exploring possible legal and regulatory tools to optimize local permitting authority within the constraints of state law
Please describe possible areas of conflict of interest.
None
Meeting Attended