Town Council Meeting: December 6, 2017

Dec 6 2017

7:00 pm Fairfax Women’s Club

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

SPECIAL MEETING, Fairfax Town Hall, 142 Bolinas Road, Fairfax

6:00 PM – Call to order – Public comment – Adjourn to closed session on the following matters:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code section 54957:
Title:  Town Manager

PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code section 54957:
Title:  Town Attorney

CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency designated representative: Garrett Toy, Town Manager; Michael Vivrette, Finance Director; Employee Organizations: SEIU Local 949 Miscellaneous Unit, and Unrepresented Management Employees

REGULAR MEETING, Women’s Club, 46 Park Road, Fairfax

7:00 PM – Call to order the Regular Meeting – PLEDGE OF ALLEGIANCE





  1. Adopt a Resolution reciting the fact of the General Election held on November 7, 2017, declaring the result and such other matters as provided by law – Town Clerk
  2. Proclamation in Honor of Councilmember David Weinsoff – Mayor Reed
  3. Administer Oath of Office to newly elected Councilmembers – Town Clerk
  4. Reorganization of the Town Council: Selection of Mayor and Vice Mayor – Town Clerk


  1. Accept Financial Statement and Disbursement Reports October 2017 – Finance Director
  2. Receive Town Treasurer’s Report as of June 30, 2017 – Town Treasurer
  3. Approve minutes for the November 1, 2017 Town Council meeting – Town Clerk
  4. Receive report on filling vacancy on Planning Commission – Town Clerk
  5. Authorize Town Manager to sign lease agreement for purchase of two police vehicles – Chief Morin
  6. Adopt resolution granting Town Manager authority to sign programmatic agreement and related documents for the Pavilion Seismic Retrofit project – Town Manager
  7. Receive Marin Sanitary Services Third Quarterly report – Town Clerk
  8. Approve contract with Maggiora & Ghilotti to perform pavement repair on Sir Francis Drake Boulevard from Marin Rd. to Oak Manor Dr. in an amount not-to-exceed $44,000– Town Manager
  9. Approve improvements to town-wide pedestrian trails (e.g., Tamalpais to Scenic) in an amount not to exceed $75,000 – Town Manager
  10. Authorize Mayor to send letter of opposition to the U.S. Senate Commerce Committee draft bill limiting local authority over wireless facilities, which would force local governments to lease out publicly owned infrastructure – Councilmember Coler
  11. Notice of Amendment to Memorandum of Understanding (MOU) with SEIU Local 1021 (Fairfax non-management employees) – Town Manager
  12. Approve contract amendment No. 1 with the California Infrastructure Consultancy for Phase II preliminary engineering, community outreach, environmental, and design work for the replacement of the Azalea Avenue Bridge – Town Manager
  13. Receive annual report on the Marin/Sonoma Mosquito & Vector Control District (MSMVCD) – Fairfax Representative to MSMVCD
  14. Receive report on the preparation of a FAQ to address issues raised during the recent election period and schedule for discussion at a future Council meeting – Mayor Reed
  15. Adopt Resolution Transferring Certain Streetlights to the Marin General Services Authority and Delegating Authority to the Director of Public Works to Transfer Streetlights on an Ongoing Basis – Town Manager

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



  1. Report on Study of Commercial Cannabis Uses and Adoption of an Urgency Interim Zoning Ordinance Extending for 10 Months and 15 Days the Temporary Moratorium on the Establishment, Creation or Expansion of Commercial Cannabis Uses, With Exceptions, Pending the Completion of Studies and the Preparation of an Update to the Town’s Municipal and Zoning Codes.  Effective from November 1, 2017 through October 31, 2018. CEQA categorically exempt, §§ 15060(c)(2), 15061(b)(3) and 15308. – Planning DirectorSupplemental Item


  1. Discuss/consider review of a Use Permit to allow live music performances outdoors on a covered patio of an existing commercial establishment, Peri’s Bar, 29 Broadway – Planning Director, Principal Planner
  2. Introduce and read by title only an Ordinance Amending Chapter 9.28, Entitled “Social Host Accountability” of the Fairfax Municipal Code to Prohibit Loud or Unruly Gatherings Where Marijuana is Served to, Ingested by or in Possession of Underage Persons; Adding Party Buses and Limousines to the Gatherings where Loud and Unruly Parties are Prohibited; and Adding Participation and Graduation from a Juvenile Diversion Plan or Payment of a Civil Fine. CEQA Categorical Exemption, CEQA Guidelines Sections 15060(c)(3) and 15061(b)(3)  – Town Manager, Councilmember Goddard
  3. Appoint a Council representative to the Ross Valley Fire Board – Town Manager
  4. Second reading by title only and adoption of an Ordinance to Amend the Town Municipal Code, Chapter 8.08 (Garbage and Rubbish Disposal), Section 8.08.050 (Duties of Owners and Occupants) to Require Source Separation of Recyclable and Compostable Materials from Solid Waste which would ban organics and recyclables from residential landfill containers; CEQA Categorical Exemption Class 8, CEQA Guidelines Sections 15060(c)(2), 15061 – Town Manager
  5. Second reading by title only and adoption of an Ordinance of the Town Council of the Town of Fairfax Amending Chapter 8.44 of the Fairfax Municipal Code, Title 8, Entitled “Clean Indoor and Outdoor Air and Health Protection – Smoking Regulations” to Prohibit Smoking in Unenclosed Service Areas, Raise the Age to Purchase Tobacco Products and Require the Licensure of Tobacco Retailers to Ensure Compliance with Tobacco Control Laws which would improve air quality and health in town; CEQA Categorical Exemption, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) – Town Manager


In accordance with Government Code Section 54954.2(a), there shall be no discussion, debate and/or action taken on any request, other than the Town Council providing direction to staff to place the matter of business on a future agenda.

In Memory of Diane Hoffman

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.

October 17, 2018
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