Town Council Meeting: July 12, 2023

Jul 12 2023

6:30 pm Fairfax Women’s Club

Fairfax Women's Club - 46 Park Road, Fairfax 94930
July 7, 2023
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Wednesday, July 12, 2023 | 6:30 p.m.
Preceded by a Special Meeting in person at 6:15 p.m. to Conduct Interviews and Make Appointments
Fairfax Women’s Club, 46 Park Road
Zoom Webinar ID 880 3100 1183

PUBLIC PARTICIPATION NOTICEThis meeting will be held in person and on Zoom. It will be broadcast on Channels 27 and 99 and livestreamed on and

How to Participate in the meeting in-person
Come to the Women’s Club at 46 Park Road, Fairfax

How to participate remotely
*Join the Zoom webinar and use the “raise hand” feature to provide verbal public comment:
*Dial in to Zoom’s telephone number +1(669) 900-9128 or +1(346) 248-7799 and press *9 to provide verbal public comment. Zoom Webinar ID 880 3100 1183.

Before 3:00 pm on the day of the meeting you may email written comments to the Town Council to read and consider before the meeting. All emails are part of the meeting record.

Special Meeting at 6:15 p.m.

Conduct Interview and Consider Appointment
Fairfax Women’s Club, 46 Park Road, Fairfax


1. Interview and consider appointment of applicant to the Community Emergency Preparedness Committee – Deputy Town Clerk Christine Foster

Public Comment

Regular Meeting at 6:30 p.m.

Hybrid meeting at the Fairfax Women’s Club and via Zoom




Land Acknowledgement

The Fairfax Town Council acknowledges that we are located on the un-ceded ancestral lands of the Coast Miwok people of present-day Marin County. We honor with gratitude the land itself, and all of its ancestors: past, present, and emerging.

Meeting Protocol

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 all cellular phones or place in silent mode.

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.

Announcement of Closed Session, if any.


There are vacancies on the Planning Commission, Affordable Housing Committee, Volunteer Board, Climate Action Committee, and Parks and Recreation Commission. Learn more about our boards and commissions and how to apply by visiting our website.

Presentations (10 minutes)

1. Marin Clean Energy – Sebastian Conn, Senior Community Development Manager

Open time for public expression (up to 30 minutes)

This is the time to address the Council on matters not on the agenda. All comments are limited to 3
minutes, subject to the mayor’s discretion. (Note: there is no extra time for groups.)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). If there are still raised hands after 30 minutes, Open Time will be continued to the end of the agenda.

Regular Agenda

2. Introduce Ordinance Adding Chapter 15.17 “Gate Safeguards” to Title 15 “Buildings and Construction” of the Fairfax Municipal Code – Building Inspector Mark Lockaby

3. Adopt a Resolution Authorizing the Town Manager to Issue a Notice of Award and Execute a Contract with Ghilotti Bros for the 2022-23 Street Improvement Project for 1) the Base Bid Only or 2) The Base Bid with any of the Alternates 1-3; or Reject all Bids – Public Works Director Loren Umbertis

4. Adopt Resolution Approving a Sidewalk Pilot Program to Improve Town Sidewalks and to Assist Homeowners with their Responsibility to Maintain Sidewalks in a Safe Condition, and Authorize the Town Manager to pay up to $170,000 to a contractor to shave or grind trip hazards on the identified sidewalks one time only in FY 23/24, and increase the grant maximum for sidewalk replacement/repairs from $1,000 to $2,000 per property owner and waive associated permit fees up to $293 per property owner – Public Works Director Loren Umbertis

5. Adopt a Resolution Authorizing the Display of American Flags and/or Depictions of Veterans during the Month of November 2023; authorize use of staff time to place flags – Town Manager Heather Abrams

6. This item is continued to August 2, 2023. 80 Crest Road: Appeal of a Planning Commission denial of a Height Variance for an unpermitted Ground Floor Level that would result in the height of the residential structure being approximately 50 feet; Assessor’s Parcel No. 002-152-32; Residential Single-family RS-6 Zone; Verle and Marene Sorgen, appellants/owners; CEQA categorically exempt, § 15301(e)(2)(1). – Principal Planner Linda Neal, Town Attorney Janet Coleson

CONSENT CALENDAR (10 minutes approximately)

The Council may approve the entire consent calendar with one action (vote). In the alternative, items on the Consent Calendar may be removed by any Town Council or staff member for separate discussion and vote. The opportunity for public comment (2-minute limit) on consent calendar items will occur prior to the Town Council’s vote on the Consent Calendar.

7. Receive Financial Statement and Disbursement Reports for May 2023 – Finance Director Michael Vivrette

8. Approve minutes for the April 5, 2023 Town Council meeting – Town Clerk Michele Gardner

9. Receive written report on Councilmembers’ assignments, committees, and activities in June 2023 – Deputy Town Clerk Christine Foster

10. Adopt a Resolution Adopting the Operating and Capital Improvement Budgets for Fiscal Year July 1, 2023, through June 30, 2024, and Providing for the Appropriation of Expenditures in Said Budgets and Repealing All Resolutions in Conflict Herewith – Town Manager Heather Abrams, Finance Director Mike Vivrette

11. Adopt Resolution Amending Annual Salary Schedule for Fiscal Year 2023-24 to reflect Salary Range Adjustments Effective July 1, 2023 for all positions, and showing new base salaries changed by labor agreements – Town Manager Heather Abrams, Finance Director Mike Vivrette

12. Adopt a Resolution Making Certain Findings and Determinations in Compliance with Section XIIIB of the California Constitution (Gann Initiative) and Setting the Appropriation Limit for Fiscal Year 2023-24 – Finance Director

13. Second reading by title only and adoption of an Ordinance Adding Section 2.65 to Title 2 of the Fairfax Municipal Code Authorizing the Use of Electronic Signatures – Town Clerk Michele Gardner

14. Decline Ross Valley School District Offer to Purchase Childrens Center Property APN 197-120-03 – Town Manager Heather Abrams

15. Designate the Voting Delegate and Two Alternates for the California League of Cities 2023 Annual Conference – Town Manager Heather Abrams

16. Adopt Resolution authorizing Town Manager to execute contracts with CSW/ST2 and BKF Engineers to develop Construction Documents and Specifications for multiple Storm Drain Improvement Projects in Fairfax – Town Manager Heather Abrams

17. Approve Responses to the 2023-2024 Marin County Civil Grand Jury Report entitled Build More ADUs – An Rx to Increase Marin’s Housing Supply – Town Manager Heather Abrams

Public Comment
Public Comment
Public Comment
Public Comment 
Public Comment

Council reports and comments

Brief announcements and reports on Councilmember assignments, committees, and activities, including reports from meetings attended at Town expense.

Town Manager’s Report

Future agenda items


In memory of Gerald “Gerry” Louis Pelletier and Alan M. Tokugawa

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

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection

Meetings are be broadcast, recorded, and uploaded to the Town’s website.

This meeting notice was posted in accordance with Gov. Code section 54954.2(a)(1) on or before June 7, 2023.

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