Town Council Meeting: September 4, 2019

Sep 4 2019

7:00 pm Fairfax Women’s Club

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

Preceded by a Special Meeting in closed Session at 6PM at Fairfax Town Hall, 142 Bolinas Road

6:00 PM – Call to order the Special Meeting in Closed Session– Public comment – Adjourn to Closed Session

PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code section 54957:

Title:  Town Manager


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




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.


  1. Proclamation thanking and commending the Fairfax Planning Commission for their dedication and hard work on recent policy —Mayor Coler


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

  • Climate ActionCommittee has up to 2 vacancies.
  • Open SpaceCommittee: 2 vacancies
  • Tree Committee: 1 vacancy
  • Volunteer Committee: 1 vacancy
  • Parks and Recreation Commission: 1 vacancy

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

Fairfax Open Space Committee Benefit Concert: Saturday, September 7th2-5 pm, Peri Park, “The Eleven” (a Bay Area-based Grateful Dead Tribute Band) will play their 8th annual benefit concert for the Town. The event is free with donations to FOSC strongly encouraged. This is a ZERO WASTE event, no alcohol in the park.

Community Media Center of Marin 10thAnniversary Block Party & Open House: Sunday, September 8th 3-5 pm, 819 A Street in San Rafael, Food truck, Live Music, Raffle & more! Come help us celebrate!

Town-wide Picnic: Sunday, September 15th 12 noon-5 pm, Contratti Ball Field, sponsored by the Fairfax Volunteers.

Art Walk: Friday, September 27th 5-8 pm, Downtown, sponsored by the Artists-in-Residence.


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)



  1. Accept Financial Statement and Disbursement Reports July 2019 – Finance Director


  1. Approve minutes for the August 7, 2019 Town Council meeting – Deputy Town Clerk


  1. Receive written report on Councilmembers assignments, committees, and activities in August – Deputy Town Clerk

Supplemental Item 4

  1. Authorize the Town Manager to execute an agreement with Ascent Environmental, Inc., to prepare the Environmental Impact Report (EIR), at the applicant’s costs, for the Marinda Heights Subdivision (aka “Wall Property”) in an amount not to exceed $649,000 –Planning Director

Part 1

Part 2

  1. Approve contract with C.R. Baumsteiger Construction for a bank stabilization project at approximately 6 Bridge Ct. for an amount not to exceed $59,200–Town Manager


  1. Authorize Town Manager to contract, up to $80,000, for the repair and/or replacement of sidewalks in downtown –Town Manager


  1. Authorize Town Manager to purchase a bucket truck from the Town of San Anselmo for $7,500 –Town Manager


  1. Receive report on the Town’s Chipper Days —Town Manager


  1. Receive Marin Sanitary Service Semiannual Report (January-June 2019) –Town Manager


  1. Approve response to Marin County Civil Grand Jury Report Marin’s Telecommunications Disconnect  –Town Manager


  1. Approve Notice of Completion for the Parkade project- Town Manager


  1. Adopt a Resolution Approving Job Classification for the Accountant I/II position–Town Manager

Supplemental Item 13

  1. Adopt a Resolution establishing wages for the Accountant I/II job classification –Town Manager


  1. Adopt a Proclamation naming September Prostate Cancer Awareness Month – Deputy Town Clerk


  1. Adopt a Proclamation Congratulating the Community Media Center of Marin on their 10Year Anniversary –Mayor Coler

Supplemental Item 16

  1. Second reading and adoption of twoordinances: 1) An Ordinance Amending Chapter 17.110 and Repealing Article III (“Medical Marijuana Cultivation”) of Chapter 17.138, to Adopt Zoning Standards and Restrictions for Commercial Cannabis Uses and Cannabis Cultivation for Personal Use;and 2) An Ordinance Amending Chapter 5.56 to Regulate Commercial Cannabis Businesses within the Town of Fairfax; CEQA exempt pursuant to State CEQA Guidelines Section 15061(b)(3) and Business and Professions Code Section 26055(h)–Town Manager


  1. Second reading and adoption of an Ordinance Amending Chapter 8.44 of the Fairfax Municipal Code, Title 8, Entitled “Clean Indoor and Outdoor Air and Health Protection – Smoking Regulations” to prohibit the sale of favored tobacco products; CEQA Categorical Exemption, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) –Town Manager



Presentation on Defensible Space Fire Inspections, Firewise Marin Vegetation Management Activities and Marin County Parks Management Activities –Chief Weber (Ross Valley Fire Department), Todd Lando (Firewise Marin), and Jim Chayka (Marin County Parks)

Presentation on Marin Wildfire Prevention Authority –Chief Weber (Marin County Fire Department)



  1. Receive update on the Peri Park Play Structure Preliminary Design Concepts — Recreation and Community Services Manager



  1. Introduce and read by title only an ordinance to establish time limits for incomplete applications and project entitlement approvals by Adding Sections 17.020.130, (‘Time Limits; Extensions’)for Design Review, 17.032.100 (‘Time Limits; Extensions’) for Conditional Use Permits, 17.040.100 (‘Incomplete Discretionary Permit Applications’), and 17.040.110 (‘Permit Time Limits And Extensions’) and Amending Sections 17.028.090 (‘Lapse; Renewal; Term’) for Variances and 17.060.090 (‘Time Limits; Extensions’) for Ridgeline Development, and Consolidating and Revising Sections 17.072.140 And 17.072.150 (‘Expiration’ and ‘Extension’) for the  Hill Area Residential Development Overlay Zone;” CEQA exempt per CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), and 15305. – Planning Director



  1. Introduce and read by title only an Ordinance Adding Chapter 8.72 to Title 8 of the Fairfax Municipal Code Regulating Single-Use Foodware to require businesses to use compostable or reusable materials for take-out food; CEQA exempt per CEQA guidelines Sections15061(b)(3),15307, and 15308– Town Manager


  1. Discuss/consider petition from residents of Hickory Road regarding the paving of their road –Town Manager


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




In Memory of Leland Jordan, George William Maloney, Michael Angelo Mannheimer, and Tony Starelli


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’s office 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 on the public counter at Town Hall in a folder next to the agenda packet. Such documents are also available on the Town’s Web site at “” subject to staff’s ability to post the documents before the meeting.

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

August 30, 2019
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