Town Council Meeting: December 4, 2024

Agenda

Wednesday, December 46, 2024 | 6:30 p.m.
Fairfax Women’s Club, 46 Park Road, Fairfax CA
and  Zoom Webinar ID 831 0518 0735

Regular Meeting at 6:30 p.m.

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

6:30 PM – CALL TO ORDER – PLEDGE OF ALLEGIANCE

ROLL CALL

APPROVAL OF AGENDA

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 them 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.

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 two (2) minutes. The Council is not permitted to take action and state law strictly limits the right of the Council to discuss any unagendized item. (Gov. Code §54954.2). If there are still raised hands after 30 minutes, Open Time will be continued to the end of the agenda.

PRESENTATIONS

Public Comment for Presentation items will happen once, rather than after each individual presentation. During the public comment period on Presentations, speakers may comment on any item from this section of the agenda. Each speaker will have up to two minutes and may only speak once.

1. Presentations
   • Proclamation Recognizing Councilmember Bruce Ackerman for His Service
   • Proclamation Recognizing Councilmember Chance Cutrano for His Service
   • Proclamation Recognizing Mayor Barbara Coler for Her Service
   • Citizen of the Year Award Acceptance for Sandra Adler Killien
   • Proclamation Recognizing the 10 Year Anniversary of the Climate Action Committee

REGULAR AGENDA

2. Adopt a Resolution Reciting the Fact of the General Election held on November 5, 2024 Election – Deputy Town Clerk Christine Foster
Supplement to Agenda Item #2

3. Administer Oath of Office to Elected Public Officers – Deputy Town Clerk Christine Foster

4. Reorganization of the Town Council: Selection of Mayor and Vice Mayor – Deputy Town Clerk Christine Foster

5. Receive a Presentation, Conduct a Public Hearing, and Adopt an Resolution Approving Marin Sanitary Service Rates – Town Manager Heather Abrams

6. This item was continued from the November 19, 2024 meeting: Introduction of an Ordinance Repealing Town Code §12.36.020 Nighttime Use; Permission of Town Clerk, or Designee, Required and §12.36.030 Nighttime Use; Grant of Permission; Conditions; Construction and Adding Chapter 9.30 Camping on Public Property, to Title 9, Public Peace, Morals and Welfare of the Town Code — Town Manager Heather Abrams and Town Attorney Janet Coleson

7. Introduction of an Ordinance Repealing Town Code Article III of Chapter 5.56 Cannabis Deliveries, Section 5.56.300 Adult-Use Cannabis Deliveries by Certain Existing Medical Marijuana Dispensaries; and Repealing and Replacing Town Code Section 5.56.170 Application of This Article to Existing Medical Marijuana Dispensaries, with Application of This Article to Existing Medical Cannabis Retailer, Allowing the Marin Alliance for Medical Marijuana (MAMM) to Relocate to 1591-1593 Sir Frances Drake Blvd Upon Fulfillment of Certain Requirements – Town Attorney Janet Coleson

8. Pursuant to Town Code Section 2.08.090 a Residents’ Petition was Received Requesting an Emergency Declaration Marin Alliance Medical Marijuana Business Location – Petitioner: Lynnette Shaw — Deputy Town Clerk Christine Foster

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. Public comment for items on the Consent Calendar happens once, rather than after each individual item. During the public comment period on Consent items, speakers may comment on any items from this section of the agenda. Each speaker will have up to two minutes and may only speak once.

9. Receive Financial Statement and Disbursement Reports for September 2024 – Finance Director, Michael Vivrette

10. Approve minutes for the September 4 and October 16, 2024 Town Council meetings – Deputy Town Clerk, Christine Foster

11. Receive written report on Councilmembers’ assignments, committees, and activities in November 2024 – Deputy Town Clerk Christine Foster

12. Waive Second Reading, Read by Title Only, and Adopt Ordinance 891 to Amend Zoning Regulations Related to Short-Term Rentals, Updating the Following Chapters Within Title 17 (Zoning) of the Fairfax Municipal Code: 17.008 (ʹDefinitionsʹ), 17.044 (‘Exceptions and Modifications’), 17.052 (ʹOff-Street Parking and Loading Requirementsʹ), 17.084 (‘RD-5.5-7 Residential Zone, High Density’), 17.088 (‘RM Multiple-Family Residential’), 17.092 (‘CL Limited Commercial Zone’), 17.096 (‘CH Highway Commercial Zone’), and 17.100 (‘CC Central Commercial Zone’).
CEQA: Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to categorical exemption number 15301, Existing Facilities – Planning and Building Services Director Jeff Beiswenger

13. Waive Second Reading, Read by Title Only, and Adopt of an Ordinance Repealing Town Code §2.08.040 Procedure in Absence of Quorum from the Town Code — Town Manager Heather Abrams and Town Attorney Janet Coleson

14. Authorize the Mayor to Send a Letter of Support for the Gate Safety Act of 2024 – Deputy Town Clerk Christine Foster

Public Comment received before 3PM

COUNCIL REPORTS AND COMMENTS

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

FUTURE AGENDA ITEMS

TOWN MANAGER’S REPORT

ADJOURNMENT

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 Deputy Town Clerk prior to the meeting: (415) 453-1584 or cfoster@townoffairfax.org.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection www.townoffairfax.org. Meetings are broadcast, recorded, and uploaded to the Town’s website.

This meeting notice was posted in accordance with Government Code section 54954.2(a)(1) on or before November 29, 2024.