09/14/2025
SEPTEMBER 3, 2025, FAIRFAX TOWN COUNCIL MEETING RECAP
REGULAR MEETING AT 6:30 P.M.
OPEN TIME FOR PUBLIC EXPRESSION
Speakers expressed opinions/concerns on a number of items not on the agenda.
REGULAR AGENDA
1. Consider Cannabis Business Permit for a Cannabis Storefront Retailer/Adult Use Retail Delivery-only Business at 1601 Sir Francis Drake Boulevard
This item was continued from the August 6, 2025, Town Council meeting. The Planning Commission had rated the dispensary applicant highly and allowed the application to proceed after determining that the nearby TLC tutoring center was no longer operational.
At the August meeting, Council requested that staff contact the TLC tutoring center owner to obtain further evidence regarding onsite student tutoring activity, as opposed to solely remote services. Staff reported that the owner had not provided documentation demonstrating that the business met the definition of a tutoring center the purpose of requiring a buffer zone between it and any cannabis dispensary. Staff also noted that both units in the building were listed as residential rentals on VRBO.
The Council approved the application with a waiver, observing that it was unclear whether TLC continued to meet the legal definition of a tutoring center for buffer zone purposes.
Ayes: Blash, Coler, Hellman
Nayes: Egger, Ghiringhelli
2. Discuss Transitioning to a Charter City
*This Item was continued from the June 4, 2025 Town Council Meeting
The Town Council began exploring a transition from General Law to Charter City status, which could provide more autonomy in areas like taxation and local regulations. The process requires public input, voter approval, and a carefully drafted charter. Originally set for discussion on April 2, 2025, Council Member Egger requested a delay; staff updated the report and presented it on May 7, 2025. The Council postponed the decision to September 3, 2025, adding details about ongoing state housing mandates and potential parcel transfer taxes.
Council Member Egger further recommended deferring action until after an upcoming appellate court ruling that may affect state housing mandate applicability for charter cities.
Ayes: Blash, Coler, Egger, Ghiringhelli, Hellman
3. CONSENT CALENDAR
a. Financial Statement and Disbursement Reports for July 2025
b. Receive report on Councilmembers’ assignments, committees, and activities in August 2025
c. Approve Minutes from the July 16, 2025 Town Council Meeting
d. Accept $66,183.33 from Marin Open Space Trust (“MOST”) and Provide Assurance that the Funds Will be Used Only for Restoration and Stewardship of the Wall Property and Provide a Mutual Waiver of any Future Claims Related to this Matter.
e. Approve Responses to the 2024-2025 Marin County Civil Grand Jury Report entitled The Worrisome Future of Marin Housing
f. Authorize the Mayor to Sign an Updated Letter to the District Attorney Renewing the Request for Enforcement Action Against Manufacturers and Retailers That Mislabel Electric Motorcycles as Legal E-Bikes
g. Receive the 2024-25 Climate Action Progress Report
h. Receive Climate Action Committee 2025-2026 Annual Action Plan
i. Adopt a Proclamation Recognizing September as Su***de Awareness Prevention Month
j. Adopt a Proclamation Recognizing September as Childhood Cancer Awareness Month
k. Adopt a Proclamation Recognizing September 15 – October 15 as National Hispanic Heritage Month
Council Member Egger and Ghiringhelli asked to pull items a-e.
The Council passed what remained of the consent calendar (f-k) and moved on to the individual items.
Item a. CM Egger asked various questions about the financials. The Council passed item a (monthly financial statement) after a short discussion.
Item b. Council Member Reports. Council Member Ghiringhelli expressed concern regarding remarks made by an earlier speaker about his not submitting council member reports. CM Ghiringhelli stated that that there is no requirement that he submit reports about his activities, and that he is working every day on behalf of Fairfax. Council Member Egger clarified that the timing of some of his meetings, which occur late in the month, occasionally causes delays in his reporting. The Council approved item b.
Item c. July 16 minutes. CM Egger was concerned that some wording in the minutes suggested that he agreed with an item (“confirmed”) and wanted the wording to reflect that he actually “asked about and was advised”. The Council unanimously agreed to the change.
Item d. Wall Property. Council Member Egger previously indicated that he was contemplating legal action against the Marin Open Space Trust concerning the administration of a friend's estate bequest, which he believed was not being properly managed. The agenda item proposed that the Town Council accept a gift and additional funds totaling $66,183.33 from the Marin Open Space Trust (“MOST”), formally assure that these monies would be allocated exclusively for the stewardship and restoration of the Wall Property, and agree that no further claims would be pursued against MOST regarding this issue. Mr. Egger expressed his opposition to providing such assurance. The remainder of the council proceeded to approve the resolution.
Item e. On June 24, 2025, the Marin County Civil Grand Jury released a report on housing progress, requesting towns to respond. Many of the report’s recommendations involve increased public reporting on housing mandates, others included actions the Town had already taken. Egger and Ghiringhelli opposed responding to the report; Blash and Coler supported a response. Due to the tie vote, the item will return at a future meeting. (CM Hellman had left the meeting before this point.)
Meeting adjourned around midnight.
Agenda and staff reports here: https://townoffairfaxca.gov/meetings/town-council-september-3-2025/ #/tab-agenda-packet
Video here: https://youtu.be/yr5ACzJmk5Q?si=qxU2jNUbd_LBWzRu
Meetings of the Fairfax Town Council on Wednesday, September 3, 2025.
