Town Council Meeting: April 3, 2019

Apr 3 2019

7:00 pm Fairfax Women’s Club

Fairfax Women's Club - 46 Park Road, Fairfax 94930

Preceded by a Special Meeting at 6:00 p.m. to Conduct Interviews


 6:00 PM – Call to order the SPECIAL MEETING

  1. Interview three applicants and make appointments as appropriate to the Tree Advisory Committee – Town Clerk
  2. Interview and appointment of applicant to the Parks and Recreation Commission – Town Clerk

7:00 PM – Call to order the REGULAR MEETING





The Mayor shall maintain order at the meetings. The Council and the audience are expected to refrain from using profane language and/or ridiculing the character or motives of council members, staff, or members of the public and to maintain the standards of tolerance and civility. Please turn off cell phones, or mute the volume.

The Town Council will review the agenda at 10:00 P.M. to ascertain which items, if any, will be continued to another meeting. Any matter not started by 11:30 P.M. will be continued to an adjourned or regular council meeting unless the Council votes to suspend this rule.


Fairfax Food Pantry, Saturdays 9-11am, Fairfax Community Church, 2398 SFD Blvd.,volunteers needed.

Peri Park Playground renovation gets 10% of Iron Springs Brewpub proceeds on April 9 from 4-10pm.

Community Seder(potluck), April 19, 5:30-8 pm, Women’s Club

Spring Egg Hunt, April 20, Bolinas Park, 10 am (for ages 8 and below)

Special Town Council Meeting, Tuesday, April 23, at 6pm, Women’s Club, to discuss 5G regulations

Takeback Day, 10:00am to 4:00pm, April 27, Pavilion parking lot: e-waste recycling, shredding, compost pick-up, used mattress drop off, and unused medication disposal (only 10:00am to 2:00pm)

Low-income senior homeowner exemption from MERA parcel tax: go to www.meraonline.orgfor info. and the application form. The deadline to apply is June 1, 2019.

Vacancies on Boards and Commissions: Applications are available at Town Hall and on the Town website. For more information, contact the Town Clerk or visit

  • Climate Action Committee: up to 3 vacancies
  • Tree Committee: 3 vacancies
  • Open Space: 1 vacancy
  • Parks and Recreation Commission: 1 vacancy

Open Time for Public Expression will be moving to the end of the agenda for a trial period starting in May, in an effort to get to agenda items earlier in the evening.

OPEN TIME FOR PUBLIC EXPRESSION: To address the Council on matters not on the agenda, please approach the podium and state your name and address (optional). Depending on the number of speakers, individuals have 2 to 3 minutes to speak; 4 to 5 minutes if representing a group. The Council is not permitted to take action and state law strictly limits the right of the Council to discuss any unagendized item unless it can be demonstrated to be of an emergency nature or the need to take immediate action arose after the posting of the agenda. (Gov. Code §54954.2)


Marin Municipal Water District (MMWD) update – MMWD staff

CONSENT CALENDAR (approved in one motion)

  1. Accept Financial Statement and Disbursement Reports February 2019 – Finance Director
  2. Approve minutes for the March 6 and 15 2019, Town Council meetings – Town Clerk
  3. Approve preliminary design and approve agreement with Fredric C. Divine Architects (FCDA) for structural engineering and architectural services in an amount not to exceed $37,000 for the design for the Pavilion Seismic Retrofit project – Town Manager
  4. Approve the establishment of a Citizen of the Year Award – Mayor Coler
  5. Adopt Town Council Goals for 2019 – Town Manager
  6. Adopt a resolution to purchase one police vehicle (pick-up truck) and one public works pick-up truck for an amount not to exceed $79,587 and declare two outgoing vehicles as surplus – Chief Morin
  7. Receive 2018-19 Mid-Year Budget Review Report and approve mid-year budget adjustment for additional Town Attorney services needed (e.g., drafting cannabis and 5G ordinances and regulations) – Town Manager
  8. Receive update regarding the Ross Valley Yellow Bus program and commit up to $30,500 for Yellow School Bus service for Fiscal Year 2019-20 – Town Manager
  9. Approve change order to the contract with Maggiora & Ghilotti for the Parkade Improvement Project to include the repaving of Mono Avenue (Mono Alley) from Bolinas Road to Pacheco Avenue in a not-to-exceed amount of $59,743 – Public Works Director
  10. Adopt Fair Housing Proclamation – Mayor Coler
  11. Adopt a Resolution Approving the List of Projects Funded by SB 1: The Road Repair and Accountability Act for Fiscal Year 2019-20– Town Manager



  1. Adopt a resolution approving a 19.85 % service rate increase for Marin Sanitary Service (MSS) for the provision of solid waste (garbage) and recycling services due to increases in the amounts of garbage, recycling, and labor and fuel costs; exempt from the California Environmental Quality Act (CEQA) per 14 CCR 15061(b)(3) – Town Manager


  1. Adopt a resolution approving the issuance of bonds by the California Municipal Finance Authority (CMFA) for the benefit of Mercy Housing California 84, L.P., to provide for the financing of the Bennet House Apartments Affordable Housing Project, with no financial obligation to the Town; such adoption is solely for the purposes of satisfying the requirements of TEFRA, IRS Code and the California Government Code Section 6500; exempt from CEQA per 14 CFR 15301.– Town Manager


  1. Consider a resolution granting a driveway width variance per Town Code §12.12.090, to construct a 33-foot-wide driveway that exceeds the permitted 20-foot-wide driveway limit, to allow construction of a single-family residence at 251 Scenic Avenue (Assessor’s Parcel No. 002-121-50); CEQA categorically exempt 15303(a) – Planning Director


  1. Introduce and read by title only an ordinance amending Town Code Chapters 17.008, 17.016, and 17.136, to reduce the allowable maximum home size from 5,000 square feet to 3,500 square feet; CEQA exempt per CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), and 15302. – Planning Director



  1. Introduce and read by title only an ordinance adding Chapter 5.55, Entitled “Mandatory Mediation for Rental Increases” to Fairfax Municipal Code Title 5, Requiring Mediation for Rental Increases Exceeding Five Percent; exempt from CEQA pursuant to section 15061(b)(3) of the CEQA Guidelines – Mayor Coler, Town Manager


  1. Second reading by title only and adoption of an Ordinance of the Town of Fairfax Adding Chapter 5.54 entitled “Just Cause Evictions” to Fairfax Municipal Code Title 5, Requiring Cause to Terminate a Residential Tenancy; Exempt from the CEQA pursuant to section 15061(b)(3) – Mayor Coler, Town Manager


  1. Discuss/consider the renewal of the existing special municipal services taxSpecial Municipal Services Tax of $195 per business occupancy and dwelling unit (Measure J) – Town Manager


  1. Introduce and read by title only an Ordinance entitled “An Ordinance of the Town Council of the Town of Fairfax Amending Fairfax Municipal Code, Chapter 1.12 Regarding the Abatement of Public Nuisances” to update and clarify the Town’s nuisance abatement procedures and cost recovery provisions;CEQA Categorical Exemption CEQA Guidelines §§ 15301, 15305, and 15308 – Town Manager


COUNCIL REPORTS AND COMMENTS (Brief announcements and reports on Council member assignments, committees and activities, including reports from meetings attended at Town expense)





In memory of Iva Joe Collins


If any of the matters described above is challenged in court, you may be limited to raising only those issues you or someone else raised at any public hearing described on this agenda, or in written correspondence delivered at, or prior to, this Council meeting.

If you need an accommodation to attend or participate in this meeting due to disability, please contact the Town Clerk prior to the meeting: (415) 453-1584 or

March 29, 2019
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