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DRAFT
Fairfax Town Council Minutes
Regular Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via Zoom
Wednesday, September 2, 2026
Regular Meeting at 6:30 p.m.
Hybrid meeting at the Fairfax Women’s Club, 46 Park Road, Fairfax, CA and via Zoom.
Call to Order/Roll Call
Mayor Hellman called the Regular Meeting of the Town of Fairfax Town Council to order at 6:30 p.m.
COUNCILMEMBERS PRESENT: Stephanie Hellman, Mayor
Frank Egger, Vice Mayor
Lisel Blash
Barbara Coler
Michael Ghiringhelli
STAFF MEMBERS PRESENT: Heather Abrams, Town Manager
Christine Foster, Town Clerk
Jeff Beiswenger, Planning & Building Director
Pledge of Allegiance
The Pledge of Allegiance was led by the Council and those in attendance.
Report Out on Closed Session
Mayor Hellman reported that the prior closed session regarding anticipated litigation and SEIU labor negotiations produced no reportable action.
Approval of Agenda
Mayor Hellman recommended continuing Regular Agenda Item 4, Fleet Electrification, to the October meeting due to the length of the evening’s agenda.
Motion to approve the agenda as amended, continuing Item 4 (Fleet Electrification) to the October meeting.
M/S: Ghiringhelli/Coler
AYES: Blash, Ghiringhelli, Coler, Egger, Hellman
Town Manager's Report
Town Manager Abrams provided updates on:
• The Park Road stormwater improvement and repaving project, • The Ross Valley Sanitary District project,
• The Marin Water District project remained on hold with no restart date; staff communicated to the district that no downtown business impacts should occur during November or December.
• The slurry seal project was nearly complete,
• Approximately half of Perry Park had reopened with no flea activity. The fire station had received a clean bill of health. Full reopening was anticipated within coming days.
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• Fire Station 21's remodel was underway and on track for early December completion. • SEIU labor negotiations were ongoing.
• Beginning in October, Ross Valley Fire Department would conduct vegetation management thinning along Center Boulevard from Fire Station 19 in San Anselmo to the Good Earth in Fairfax. Notifications to residents would be distributed in September. • Staff sent letters to Fairfax Market property and business owners and to Grocery Outlet regarding the Town's formula business moratorium, currently in effect through April 2027 and could be extendable through April 2028. The Planning Commission was studying options for updating the formula business ordinance. Staff was preparing a letter for Council consideration at the October 7 meeting.
• On August 31, Marin Wildfire Prevention inspectors began conducting risk evaluations for the Bolinas Road and Bothin neighborhoods.
• Approximately 700 residents attended the Town Picnic on the preceding Sunday, organized jointly by Parks & Recreation staff and the Chamber of Commerce. • Upcoming events: Repair Fair and Halloween Costume Swap on September 12 at the Library.
• Preview of October 7 agenda: Ross Valley Fire Department fuels reduction presentation; Ross Valley Fire Amendment No. 4; Fleet Electrification Plan presentation; microgrid project update; police department EV purchase item; and Bicycle and Pedestrian Advisory Committee (BPAC) report presentation.
Future Agenda Items
The Council discussed future agenda items. There was general support for bringing forward a resolution, potentially at the October meeting, to consider making the Bicycle and Pedestrian Advisory Committee a standing committee in connection with the BPAC presentation and ongoing implementation of the bicycle-pedestrian master plan.
The Council also discussed the Fairfax Market formula business moratorium and agreed the matter should return on a future agenda with sufficient time to address any needed ordinance process before the moratorium’s April 2027 expiration, with December identified as a target timeframe.
Additional possible future topics included council compensation and term limits; however, the Council did not reach consensus to proceed with those items. The Council also requested that the recently issued letter regarding the formula business moratorium be posted on the Town website and shared with the Council, and staff confirmed it would be posted.
Open Time for Public Expression
Mayor Hellman opened the meeting to public comment on matters not on the agenda.
Rick Hamer commented that community musician Simon Costa, who suffered a stroke two years ago, was being transferred to Southern California and encouraged community members to visit him at the Marin Post Acute Center before he departed.
A speaker expressed strong opposition to any relaxation of the formula business moratorium and raised concerns about a proposed seven-story housing project and its affordability levels relative to local wages.
Mark Bell raised concerns about the removal of oak trees in Peri Park, despite arborist consultation process.
Lynn Lozier expressed appreciation for the responsiveness of the Fairfax Fire Department.
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Deborah Benson questioned the presence of cameras on poles near Claus Drive and Sir Francis Drake Boulevard, commented on the removal of two oak trees at Peri Park and the Tree Committee.
Todd Greenberg commented on posting of meeting materials, and expressed support for Council term limits, increased Council compensation, and formal rotation of committee assignments.
Mina, representing the Chamber of Commerce, reported on the success of the Town Picnic and provided a preview of upcoming community events.
Kathy Flores commented on the removal of the two Peri Park oak trees; a traffic safety concern at the intersection of Sir Francis Drake and Claus Drive; a drainage issue in front of 275 Frustuk; and erosion of a hillside onto a sidewalk along Drake near Willow.
Larry Bragman asked whether the Town planned to replace the bike spine decals following the slurry seal, and discussed the Town’s living wage ordinance.
Town Manager Abrams confirmed that bike lane markings and striping would be restored after the slurry seal material had fully cured.
Mayor Hellman closed public comment.
Presentations
1. Marin Emergency Operations Plan & El Niño Presentations Assistant County Executive Chris Zapata and Director of Emergency Management Steven Torrance presented on the Marin County Emergency Operations Plan and coordinated preparation for the 2026–27 El Niño season.
Key points included:
- El Niño preparedness was being approached in pre-event, event, and post-event phases, with planning for scenarios ranging from extreme precipitation to drought. - King tides were expected to coincide with Thanksgiving, Christmas Eve, and Christmas Day, raising concerns about holiday travel and coastal flooding, particularly in low-lying areas. - September was designated Disaster Preparedness Month, with a primary focus on increasing Alert Marin sign-ups. The opt-in process had been streamlined from 5–10 minutes to approximately 2 minutes, resulting in a 200% increase in sign-ups over the prior three months.
- Fairfax had the highest Alert Marin household sign-up rate in the county at approximately
60.9%.
- The Emergency Operations Plan had been updated with two new annexes: an Emergency Communications Annex and a Family Assistance Annex.
- Lessons learned from January 2026 king tides centered on the need for proactive and unified countywide communications.
Councilmembers discussed lessons learned from the January king tides event, proactive and unified communications, outreach to the 18–40 age demographic through a Terra Linda High School pilot program, the availability of National Guard resources, and outreach to the business community by the county's Chief Resilience Officer.
Mayor Hellman opened the meeting to public comment.
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• Todd Greenberg asked for FEMA documentation, a grant strategy for downtown flood protection, and commented on the capability of Ross Valley Fire • A speaker described a longstanding proposal to build a bridge at the end of Pacheco Avenue that could serve as an emergency evacuation route and reduce congestion on Center Boulevard.
• Mark Bell the stormwater improvement project and expressed concern for flooding downtown.
• A speaker shared personal recollections from multiple Fairfax floods and urged realistic preparation, noting that extreme floods can overwhelm any planning effort.
Mayor Hellman closed public comment and thanked the presenters.
2. Underground Vault Fire Report from Pacific Gas & Electric Company Mark Van Gorder, PG&E, and Ron Karlen, PG&E Public Safety Specialist, reported on the August 15, 2026 underground vault fire on Broadway. They said two people received medical attention for smoke inhalation, the failed transformer was sent to PG&E’s San Ramon lab for investigation, and a full report was expected in about two weeks. The unit did not contain PCBs; it used vegetablebased fluid. Fairfax transformers were last inspected in 2025 on a three-year cycle. PG&E also described a new dispatch integration with fire agencies that improved response during the incident and gave a preliminary update on possible undergrounding of about 12 miles of lines in Fairfax by 2028, subject to CPUC approval, while acknowledging poor communication about current scoping work.
Council asked about the investigation timeline, transformer mapping, possible business reimbursement, and undergrounding communications.
Mayor Hellman opened the meeting to public comment.
• A speaker thanked a colleague, Ian Montgomery, who used a fire extinguisher to suppress the initial flame during the August 15 incident.
• Todd Greenberg described infrastructure hazards and requested written responses and public tracking.
• A speaker reported concern about three older pole-mounted transformers near the laundromat in the Fairfax Shopping Center, which the speaker thought may contain PCBs and are located above a creek.
• Cindy Ross reported receiving an unexplained phone call from a contractor claiming to represent PG&E asking about her fence and property in connection with potential undergrounding.
Mayor Hellman closed public comment.
PG&E representatives advised residents not to provide personal information to unverified callers and confirmed that improved community communications were being pursued.
Regular Agenda
3. Ross Valley Sanitary District
Steve Moore, General Manager of Ross Valley Sanitary District (RVSD), presented on RVSD’s dispute with Central Marin Sanitation Agency (CMSA) over wastewater treatment cost allocation. He
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stated that RVSD’s wastewater has the lowest strength among CMSA member agencies, that CMSA changed sampling port locations in June 2023 without notifying JPA members, and that this produced faulty data that overstated RVSD’s treatment costs by about $600,000 annually. He further reported that CMSA later changed its formula from flow-and-strength to flow-only, increasing RVSD’s annual charge from about $7 million to nearly $8 million, despite the lack of supporting technical analysis. RVSD requested restoration of the prior formula, a third-party technical review, resolution of the overcharge dispute, and possible JPA governance reforms.
Council discussion addressed the slow pace of dispute resolution, concerns related to San Rafael’s proposal for CMSA to absorb its sanitation collection operations, and the need for greater transparency and more formal communication between CMSA and JPA member agencies.
Mayor Hellman opened the meeting to public comment.
• A speaker encouraged RVSD to consider filing suit to protect against any statute of limitations on overcharge recovery.
• Pamela Meigs, RVSD Board Member, described the district's efforts to address the issue and called for a forensic audit and a governance summit among Marin sewer districts. • Todd Greenberg thanked the RVSD representatives, requested the Council send a support letter to CMSA, and asked Council Member Coler to use her LAFCO expertise to advance a resolution.
• A Cascade Canyon resident expressed shock at the overcharging and expressed support for any assistance the Council could provide.
• An RVSD Board Member described the origins of the investigation through the finance committee's analysis, additional governance disputes with CMSA, and warned that CMSA's potential absorption of San Rafael's collection system would be a significant risk to RVSD ratepayers.
Mayor Hellman closed public comment.
Council Member Coler moved to send the attached letter to Central Marin Sanitation Agency. The Council discussed copying RVSD on the letter.
M/S: Coler/Blash Motion to send the attached letter to Central Marin Sanitation Agency on behalf of the Town of Fairfax.
AYES: Blash, Ghiringhelli, Coler, Egger, Hellman
Regarding the appointment of a Council liaison to the RVSD Board, Mayor Hellman reported no interest was expressed among current Councilmembers and noted the item could be revisited by the incoming Council. RVSD Board members were encouraged to proactively communicate with Town staff and Council.
4. Fleet Electrification
This item was continued to the October 7, 2026 meeting as part of the agenda approval.
5. Consider Code Changes to Accommodate Special Events
Planning & Building Director Jeff Beiswenger presented proposed code changes to allow temporary outdoor special events on private commercial property through an administrative permit rather than
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a conditional use permit. Staff also proposed a related amplified noise permit, with any zoning amendments requiring Planning Commission review before returning to Council.
Chamber of Commerce representative Minna Kim described the need for events such as flea markets, art shows, yoga classes, sidewalk sales, and seasonal activities.
Council discussed streamlining the process, the need to change the zoning code as a legal prerequisite; whether the noise ordinance changes needed to accompany the zoning amendments through the Planning Commission; the current 10 p.m. cutoff alignment between the noise ordinance and park closing times; the availability of decibel monitoring tools; and the importance of streamlining the process and keeping fees affordable for free community events.
Mayor Hellman opened the meeting to public comment.
• Mark Bell commented on the expense associated with noise levels changes and that all events described could be conducted acoustically without amplification. • A speaker raised concerns about the impact of amplified sound on downtown residents and called for limiting noise pollution.
• Charlotte Fuller described how decibel meters are used at dance events to monitor compliance and suggested they could be effective in Fairfax. • A speaker urged that the Chamber of Commerce and Parks & Recreation be included as stakeholders in developing the ordinance and asked a question under California Election Code Section 9217 regarding initiative-zoned properties. • Ian Jensen, founder of House in the Park events, described community demand for outdoor events and the economic benefit to nearby businesses he observed firsthand. • A speaker questioned whether there had been adequate community input and asked about the anticipated cost of drafting the new ordinances.
• Deborah Benson expressed opposition, arguing most proposed events could be held at existing town facilities.
• Cindy Ross expressed support for community gatherings but opposed changes to noise ordinances.
• McKinley, kitchen manager at The Lodge Fairfax, expressed support for the proposal and noted that live music at restaurants is common in other communities. • A speaker commented on the complex acoustics of Fairfax's hillside geography. • Rick Hamer emphasized the importance of addressing parking, traffic, emergency vehicle access, and occupancy considerations in any permit framework.
Mayor Hellman closed public comment.
The Council directed staff to proceed with the Planning Commission for zoning code amendments, keeping the process streamlined, practical, and affordable.
6. Residents' Petition
Petitioner Martin Kaufman presented a petition requesting the Council consider expanding cannabis sales at LaFleur, his medical-only dispensary, to include adult-use retail. Kaufman reported that approximately two-thirds of daily visitors lacked a medical cannabis card and were turned away, and that delivery represented a niche market.
Councilmembers discussed the timing of the petition given the business had been open approximately one month, the Council's lengthy prior deliberations on cannabis policy, the distinction between medical and adult-use sales, the difficulty of viability for a medical-only
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storefront given demographic trends, the notification of San Anselmo under an existing interjurisdictional agreement, and concerns about the appearance of a pre-planned campaign toward adult-use conversion.
Mayor Hellman opened the meeting to public comment.
● Todd Greenberg said the petition was premature and suggested pursuing changes at the state level.
● Susan Adams questioned the Town’s medical-only approach and said recreational users should not need a medical card.
● Gabe Robinson, a neighbor of LaFleur, opposed the petition and called it a bait-and-switch. ● Kelsey Fernandez urged caution, citing research on youth and mental health impacts near cannabis storefronts.
● A speaker challenged the original application’s youth cannabis data and raised concerns about student addiction.
● Charlotte Fuller described helping an elderly patron obtain a medical card and noted cannabis affects people differently.
● Jeremiah Mach, a UCSF professor, urged the Council not to expand storefront cannabis sales given youth concerns.
● Cindy Ross urged the petitioner to operate within the approved medical-only framework. ● Doug Bagnell suggested placing the issue on the ballot. ● A speaker said modern cannabis products are far more potent than in the past and opposed expansion.
Mayor Hellman closed public comment.
Mayor Hellman and Council Member Coler both expressed that the petition was premature, noting the business had been open fewer than six weeks, and encouraged the petitioner to build his track record and engage the community thoughtfully over time. The Council took no action.
Waive the 9:30 p.m. Rule
M/S: Coler/Hellman Motion to waive the 9:30 p.m. agenda review rule. AYES: Blash, Coler, Egger, Ghiringhelli, Hellman
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.
Items Removed from the Consent Calendar:
Vice Mayor Egger requested removal of Item f (Letter to Governor Regarding AB1383) for a separate vote. Vice Mayor Egger expressed concern that AB1383 would increase pension benefit caps, potentially driving up the Town's pension costs, and stated opposition to rescinding the prior letter of opposition.
Items Remaining on the Consent Calendar:
a. Financial Statement and Disbursement Reports
b. Councilmember Reports
c. Minutes
d. Amendment to Red Cloud Agreement
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e. Biennial Review of the Conflict of Interest Code
g. Letter to the Marin County Board of Supervisors Regarding Measure A h. Reappointment to Fairfax Open Space Committee
i. Suicide Prevention Awareness Month
j. Childhood Cancer Awareness
k. Hispanic Heritage Month
l. Biodiversity Day
Mayor Hellman opened the meeting to public comment on the Consent Calendar. • Todd Greenberg commented on the Town’s budget, the minutes, opposition to rescinding the AB1383 opposition letter, and disappointment that Joe Franszek did not present on Measure A.
• A speaker also opposed rescinding the prior AB1383 opposition letter, arguing the legislation would expand costs.
Mayor Hellman closed public comment.
Items Remaining on the Consent Calendar (a–e, g–l):
M/S: Coler/Blash Motion to approve Consent Calendar Items a, b, c, d, e, g, h, i, j, k, and l.
AYES: Blash, Coler, Egger, Ghiringhelli, Hellman
Item f. Letter to Governor Regarding AB1383 (Separate Vote):
M/S: Coler/Hellman Motion to approve sending a letter to the Governor rescinding the Town's prior letter of opposition to AB1383.
AYES: Coler, Hellman
NOES: Egger, Ghiringhelli
ABSTAIN: Blash
The motion failed on a 2–2 tie with one abstention. The letter will not be sent.
Council Reports and Comments
Council Member Blash noted that her council member report listed attendance at an Age Friendly meeting she did not actually attend and stated she would correct the record at the next meeting.
Adjournment
The meeting was adjourned in memory of Karen Rossi and Dolly Parton.