[0:08] Good evening. I'm calling to order the [0:11] Town of Fairfax Town Council meeting. [0:13] Today is Wednesday, August 5th, [0:18] and um [0:21] like to call to order. And uh do you [0:23] want to do a roll call, please? [0:25] >> Yes, Mayor. [0:27] Council member Blash [0:29] >> here. Council member Garangelli [0:31] >> here. [0:31] >> Council member Kohler [0:33] >> here. Vice Mayor Ager. Mayor Helman, [0:37] >> I'm here. [0:39] And will you join me with the p for the [0:41] pledge of allegiance, please? [0:46] » To of the United States of America and [0:50] to the republic for which it stands, one [0:53] nation under God, indivisible, with [0:56] liberty and justice for all. [1:02] » Thank you. Okay. Um, we had a closed [1:05] meeting uh that we began at 4:15 this [1:09] afternoon and there were no findings or [1:12] no report nothing to report out. Is that [1:14] correct Janet? Okay. [1:17] Um, so before we approve the agenda, I'm [1:21] thinking we want to make uh a tweak [1:24] which would be to put the presentation [1:28] celebrating [1:29] Linda Neil with a proclamation for her. [1:33] um [1:36] before [1:38] public expression before open time. [1:40] >> I'll make that motion. [1:42] >> I'll second. [1:43] >> All in favor? [1:46] >> I [1:46] >> Any nays? [1:49] >> Hearing none. Motion passes. Okay, [1:52] moving on. Uh I'll read the land [1:54] acknowledgement. The town council [1:56] acknowledges that we are located on the [1:58] unseated ancestral lands of the coast [2:00] Miwok people of present-day Marin [2:03] County. We honor with gratitude the land [2:06] itself and all of its ancestors, past, [2:09] present, and emerging. [2:12] Meeting protocol. The mayor or presiding [2:15] officer shall maintain order at all [2:18] council meetings. Council members share [2:20] responsibility for modeling respectful [2:22] professional conduct to effectively [2:25] facilitate the meeting and encourage [2:28] meaningful civic participation. [2:30] All participants, including council [2:32] members, staff, members of the public, [2:35] and remote attendees are expected to [2:37] engage respectfully. Profane language, [2:40] personal attacks, ridicule of character [2:43] or motives, and discriminatory or [2:46] harassing conduct are not permitted. [2:50] To ensure all voices can be heard, [2:52] disruptive behavior, including shouting, [2:54] repeated interruptions, [2:56] etc. is not permitted during public [2:59] comment or council deliberations. [3:02] Participants are asked to silence their [3:05] electronic devices. [3:09] The mayor or presiding officer may issue [3:11] a reminder or warning to address [3:13] disruptions. Meetings will adjourn no [3:15] later than 11 p.m. And at approximately [3:18] 9:30 p.m., the council will review the [3:21] agenda to determine which remaining [3:23] items may be continued. [3:26] So with that, we shall proceed. Um, [3:31] town managers report, please. [3:35] Thank you, mayor. Um, I wanted to give [3:37] some construction updates on our [3:39] roadways. [3:40] >> A little bit louder, please. How's this? [3:44] A little better. Is this better? Okay, [3:47] thank you. Um, we currently um we are [3:50] currently approximately uh a half of the [3:53] way through the town's project on Park [3:56] Road, the storm water improvements and [3:58] paving project. Um, and that is still [4:00] scheduled to be completed by the end of [4:02] September. So, [snorts] you may have [4:04] seen that um uh construction work um [4:06] happening. The Ros Valley Sanitary [4:09] District project is wrapping up on the [4:11] pro um Park Road section and will [4:14] continue on Merwin for the next uh few [4:17] more weeks. The schedule for the [4:19] downtown section on Broadway is being [4:22] adjusted and updates will be available [4:24] as details become available. So, I'll [4:26] bring that back to a future meeting and [4:28] we also use the newsletter for updates [4:31] on that. Um and we do have uh links to [4:34] the project page on our newsletter. [4:37] Um the West Bray and Al Lima road areas [4:40] are scheduled to start in early [4:42] September and the Oak Road area will be [4:44] completed by the end of February. Um and [4:48] then uh the Marin Water uh project that [4:53] I know um everyone has been looking at [4:56] is on hold and there's currently no [4:58] estimate of when it will restart. So, [5:01] just letting you know that um once the [5:04] Ross Valley Sanitary District project is [5:08] uh back in downtown, the work uh may [5:11] require one-way traffic on Broadway near [5:14] the Bolinus intersection and possibly a [5:16] closure near Bank Street. Um with [5:20] traffic detourred through nearby [5:22] residential streets or onto Sir Francis [5:24] Drake. Uh we have informed the [5:27] contractor that if traffic congestion [5:30] compromises emergency vehicle access, [5:33] work would have to be suspended until an [5:35] acceptable alternative is implemented. [5:38] And uh one option currently under [5:41] consideration is performing the work [5:43] that portion of the work during [5:45] nighttime hours. And of course that [5:47] comes with other challenges. So um uh [5:50] being considered fire station 21's [5:52] remodel is uh underway. Firefighters are [5:56] currently living in the temporary [5:58] quarters at the community center. More [6:00] information on that later um in our [6:03] discussion tonight. Uh council met uh as [6:06] you just mentioned in close session [6:08] earlier tonight to discuss labor negoti [6:11] negotiations with SEIU. So that process [6:14] is ongoing. And then I wanted to give [6:16] you a little preview for the September [6:19] 2nd council meeting. Um topics will [6:22] include a badge pinning ceremony for uh [6:26] the police department newer employees [6:28] and people who've been promoted. Uh very [6:31] proud of that. A presentation from the [6:33] Marin Emergency Services on the Marin [6:36] Emergency Operations Plan. I know that's [6:39] of interest for folks. And then uh uh [6:43] possibly a presentation on the town's [6:46] fleet electrification plan that we've [6:48] been working on. So with that, [6:50] >> you're saying all three of those will be [6:52] on the September agenda. [6:54] >> That's the plan. Of course, subject to [6:56] discussion with the mayor and vice [6:57] mayor. [6:59] >> Um, and so, uh, I'll take any questions [7:02] if you have or just move along. [7:07] » Just a question. maybe for Kristen, but [7:10] school's going to start in about a week [7:12] and a half. And I know the plan is to do [7:15] slurry on Glen Drive. [7:19] That is White Hill School. Plenty of [7:22] parents do drop off pick off pickup. Are [7:25] we planning on doing the slurry before [7:28] school starts? [7:33] I know that it was the original plan, [7:36] but I do need to follow up with S and [7:38] Selmo about the schedule of the project. [7:42] >> Yeah, I think it's going to be very [7:43] difficult. We'll get a lot of complaints [7:45] if school has already started. So, just [7:48] to the extent that you can work around [7:50] that, that'd be great. [7:55] » Were you finished, Heather? [7:57] >> I think Council Member Blash has a [7:58] question. [7:59] >> Okay, go ahead, Lisa. Okay, everyone's [8:01] asking about this. I'm sure we probably [8:02] don't know, but do we know why Marin [8:04] Water hasn't restarted? [8:08] I do. [laughter] [8:10] They're still waiting to hear back from [8:14] the rancheria, the great great as far as [8:17] where they can [8:20] um appropriately place the artifacts [8:24] um on the in the watershed. So, they're [8:27] having a lot of discussions for that. [8:29] But, um, yeah. [8:32] >> Thank you. [8:34] >> And Heather, did you mention the CA [8:36] Cascade Canyon Bridge project in your [8:39] >> No, mayor, I did not, but um that is uh [8:43] starting Marin um parks is starting that [8:46] project. uh building the bridges there [8:48] for um people to use the trails and um [8:52] we have a link on our website and in our [8:55] newsletters to their project page. [8:58] >> Great. And a lot of this information is [9:02] provided in the newsletter. So if you're [9:03] not subscribed, I highly recommend that [9:06] you do that. Um okay, [9:10] future agenda items. I have a handful. I [9:14] also have a couple of announcements, but [9:16] I will go down the line and ask if any [9:19] of my colleagues have future agenda [9:21] topics. [9:23] Go ahead. [9:25] >> I do. Yes. Thank Thank you, Mayor. Um, [9:27] you know, school's getting ready to [9:28] start here and a number of of the of the [9:31] cities and towns in Marin are lowering [9:33] speed limits by schools uh down to 15 [9:35] miles an hour and I'm just wondering at [9:37] what point will we be doing that? The [9:39] state law gives us until 2031 to to to [9:43] post 15 mph speed limits in school [9:46] zones, but um uh that's a if if we don't [9:49] get it done by the [9:52] 2031, the state's going to come in and [9:54] do it for us. So I'm just wondering how [9:56] do we have it on a schedule to try to [9:58] we've got [9:59] >> so every time you see this we talk about [10:01] the relationship or the relevance with [10:04] the um bicycle pedestrian advisory [10:08] commission and I thought [10:10] >> I don't know I think that project is [10:11] delayed but when is that going to be on [10:13] the agenda? [10:14] >> Yeah we have we have that scheduled to [10:16] come back to the council in October. Um, [10:19] so that's our plan. And, um, uh, Vice [10:22] Mayor Edgar, you did give us a list of [10:25] streets that you thought would be good [10:26] candidates for lowering, um, uh, speed [10:29] limits, and that did get communicated to [10:32] the bicycle pedestrian committee as [10:35] well. And, um, then the committee is [10:38] working with the, um, consultant to [10:42] prepare the final report and then that [10:44] report would come to the council. And I [10:47] did want to mention that uh Manor is [10:49] already in process of slowing their [10:51] speed limits because that's in the [10:52] county's jurisdiction and the countyy's [10:53] doing it there for the school. [10:56] So as far as as the state law dealing [10:59] with speed limits, it's in school [11:02] locations. Um Ross Valley Charter School [11:05] is is on the St. Rita's property and and [11:08] that's going to have to go to 15 miles [11:10] an hour there. We have a school crossing [11:12] also right there between the church and the library. Um, White Hill School. [11:19] Uh, it's it's the it's the middle school [11:21] and [11:23] their playing fields at Lefty Gomez [11:25] Fields. It's all school frontage [11:28] property and and and [11:32] to my knowledge that's going to have to [11:33] be posted 15 miles an hour also that [11:36] section through there. I don't know if the if the bicycle pedestrian [11:41] committee is looking at school zones and [11:45] 15 mph limits, but we're going to have [11:47] to deal with it pretty soon because [11:48] school's about to start. [11:50] >> Um, that's all been included and I [11:52] forwarded them all of your street [11:54] segments and have asked that it be [11:55] included in the report so that we all [11:57] have it in front of us to to act on. [12:01] >> Okay. So I know Jeff is here too. So I [12:04] I've I've asked for you of staff like [12:08] I'm very much hoping and expecting this [12:11] to be covered in the recommendation or [12:14] the proposal that comes from BPAC. [12:17] >> Oh that that'll be in October. That'll [12:19] be almost a year and a half from when [12:20] they started. [12:21] >> But I don't know. I mean [12:24] I don't know that Steph has a lead type [12:26] to do anything sooner. [12:28] Anything else? [12:30] >> Okay. Any other future agenda topics? [12:34] >> Okay, I have a couple and then we will [12:37] proceed. So [12:39] um the first is so Mina Kim who leads [12:44] the uh Fairfax Chamber of Commerce [12:48] met with town manager Abrams and myself [12:52] and [12:54] planning director Jeff Bisoner and Chief [12:59] Rico Tabberonzo was there and I think uh [13:04] Christine Foster was there as well. [13:06] we were talking about, you know, [13:08] she's doing a lot of downtown [13:10] um events to create more vibrancy and [13:16] vitality. And there's a problem with [13:20] lead time to for small businesses or [13:24] even in our town properties to like host [13:27] an event with enough lead time. our our [13:30] processes requires like two plus months [13:33] to go through the planning commission [13:35] and it also costs $2,000 and it's really [13:38] not [13:40] uh effective or efficient or fair. Um [13:44] and so we had a meeting it's really [13:47] complex. I think all of us would love to [13:49] just have some term turnkey solution but [13:51] uh we certainly didn't come up with it [13:53] in that meeting. So I would like to [13:55] request a discussion on that. We need a [13:58] solution so that our downtown businesses [14:01] and Mina can you know develop a concept [14:05] and be able to execute on it within you [14:08] know 60 90 days. [14:10] So it seems reasonable to me. Does [14:12] anybody have any questions or is this [14:15] something that we can ask the planning [14:17] commission to focus on? I would suggest [14:20] that you um at the next planning [14:23] commission meeting have Jeff discuss it [14:26] with them first because that will also [14:28] be before our next meeting and [14:31] >> okay my concern with that is that [14:32] there's a lot they they already have a [14:34] pretty long list of things they're [14:37] trying to t tackle um that haven't come [14:40] back to council yet including like dark [14:42] sky you know all sorts of things [14:44] >> I don't hear it [14:45] >> so you want to I mean do what is the [14:48] proto I guess That's what I need to [14:49] know. Like, can it come here or does it [14:51] need to go to planning commission? [14:54] >> Um, mayor, I think we would need to um [14:58] determine all of the code sections that [15:01] would need to be changed and then um [15:04] whether those have to go through the [15:06] planning commission because they are [15:08] zoning, which I don't believe they're [15:11] mostly zoning. I would have to confer [15:13] with our attorney. Uh right, because [15:16] zoning has to go through planning before [15:19] it comes to the council. Um and uh then [15:22] we could um come back with [15:26] [clears throat] a a plan of how we would [15:28] fix those, but um it it it it will take [15:32] a little time unfortunately. [15:35] >> Okay. [15:37] >> I would be interested in starting the [15:39] process. Um, I'd just like to, you know, [15:41] if it if it makes sense to do so just [15:43] because I know they're concerned and [15:44] they want to put on a lot of events. So, [15:46] it would be interesting to get it going. [15:49] >> I Mike is having some comments that I [15:51] can't hear. So, will you turn your mic? [15:52] >> I'm sorry. [15:55] I [15:55] >> think we should be able to bring things [15:56] to the council when a council member [15:58] asks for it. I'm for that. I think [16:02] things get stuck in these committees and [16:05] takes too long to get something done. [16:11] Go ahead, mayor, if if you don't mind. [16:13] Um, so, uh, [16:17] again, I'll be corrected if I'm wrong by [16:19] the attorney, but, um, uh, the council [16:23] could make a direct referral on some [16:26] action, but we just we need to make sure [16:29] we have all of the um sections detailed [16:34] out. And then also um that zoning, if [16:38] it's a zoning issue, that really does [16:40] have to go through planning first. [16:44] Okay. All right. Um, Janet, I'm going to [16:48] get with you on what how to how how we [16:51] can streamline this. [16:54] It sounds like I mean, it sounds like it [16:56] could take a year and I'm really trying [16:58] to help Mina do a good job, which we all [17:02] want her to be able to do, right? All of [17:03] us are, I think, aligned on that. If [17:06] you're talking about code changes and [17:08] you're talking about changes to the [17:09] zoning code, it's statemandated. It's [17:12] required by law that they go through the [17:14] planning commission first and they have [17:16] a recommendation to the council. So, and things like we can't notice an item [17:23] like that for council um until after the [17:27] planning commission has taken action and [17:28] it's a 10-day notice. I mean those are [17:31] the things that are built in that that [17:33] may take time and there's nothing we can [17:36] do to shorten that legally. [17:39] >> Okay. [17:42] All right. More more to come on that [17:44] surely. Um I also wanted to um [17:50] announce to the community if you're not [17:52] already aware. Um so a lot of uh [17:55] discussion and announcements have come [17:57] out of Ross Valley Sanitation District [18:00] as well as Central Marin Sanitation [18:02] Agency. Uh recently CMSA [18:07] um voted to increase our qu our [18:09] quarterly treatment costs by 50% and [18:13] that's on top of recent findings that [18:16] for the past 12 years Ross Valley [18:18] residents have been overcharged [18:22] and so they are looking for a solution [18:25] related to being overcharged for over a [18:28] decade. Um it sounds like it's going to [18:31] mediation, but this council does not [18:35] have a liaison [18:37] um to the Ross Valley sanitation [18:40] district and I really think we need more [18:42] transparency and more engagement with [18:45] both of those agencies. Um it could on [18:48] the low end it would be a couple hundred [18:51] dollars um credit or due to a Fairfax [18:55] household. So that the the upside the or [18:57] the the top end could be thousands of [19:00] dollars because we have so much more [19:01] storm water in our area. So I would like [19:04] this council to support two things. One, [19:08] a presentation [19:10] um invite Ross Valley Sanitation [19:13] District, the general manager, Steven [19:15] Moore, to present on all of the above. [19:18] And number two, I'd like to see um a [19:21] designated person on our council to stay [19:25] connected to what's happening. [19:28] So I don't know if that's a separate [19:31] action item to support or deny a [19:35] liaison, but I personally feel it's [19:37] really important right now and it could [19:38] be a temporary thing. But I mean the way [19:41] I learned about it was, [19:44] you know, because I have relationships, [19:46] but I tend to think most of the [19:47] community is not aware. [19:50] Um, speaking first to the um, uh, idea [19:54] of having a presentation from Steve [19:56] Moore, the um, GM for Ross Valley [19:59] Sanitation District. Um, I'm happy to [20:02] reach out to him and arrange that. [20:03] >> Okay, great. Thank you. Any thoughts [20:06] about um, the liaison? [20:09] Are we okay with getting that on the [20:11] agenda for [20:13] October? [20:14] >> I would like to know more what that [20:15] looks like. It see it's not like sitting [20:17] on, you know, the TAM board or the fire [20:18] board. It's like what we would send a [20:20] sign a council member to [20:22] >> I mean I'm the leazison for the Ross [20:23] Valley School District. You stay [20:26] >> develop those relationships. You read [20:28] the packets. You know you [20:30] >> Okay. So you want to you just want to [20:32] >> accountable for what's going [20:32] >> a designated liaison for RBSD as like what we rotate every year type of [20:38] thing. [20:38] >> Yeah. But we don't have it today and [20:40] maybe it's a temporary thing and but I [20:42] think for the next six months or so we need more oversight. So I would [20:47] suggest that we put it on as a agenda [20:50] item and I'm just going to throw this [20:52] out there. Frank, don't kill me. But [20:54] given that you were on the Ross Valley [20:57] Sanitary District for a number of years, [21:00] you might be a great person for that [21:01] because you already know the system. [21:04] >> Well, can we appoint Frank right now? [21:06] >> No, we can't. But just try to put that [21:09] on the on the September agenda if [21:11] possible. Sorry. Um, everyone, I'm I am [21:14] going to move right along. Um, there was [21:18] one other thing that I had. Uh, as far [21:20] as announcements, we have bingo night on [21:22] the 14th. We have sidewalk CPR on the [21:25] 15th in Bolinus Park. We have the [21:27] townwide picnic on August 30th. [21:31] And we have the ribbon cutting for Laf [21:34] floor uh this Saturday at 10:00 a.m. [21:38] So with that, I think we're ready for [21:40] open time for public. [21:44] Oh, that's right. We changed it. Linda, [21:47] this is your time. This is the good part [21:49] of the meeting. There's lots of good [21:52] parts. [21:54] Um, [21:56] so our our dear dear dear Linda Neil has [22:01] announced her retirement. And when was [22:02] your last day? [22:04] July 6th. Okay. [22:07] Well, I'm really honored to be [22:09] presenting this to you this evening, [22:11] Linda. Um, [22:14] this is a proclamation in recognition of [22:17] honoring Linda Neil for 40 years of [22:20] service. [22:33] Um [22:38] whereas Linda Neil is a principal [22:40] planner extraordinaire having devoted [22:43] more than 40 years of her career to the [22:46] people of the town of Fairfax. [22:49] And whereas Linda moved to San Rafale at [22:52] the age of two, graduated from San [22:54] Rafale High School in 1979 and from the [22:58] University of California Davis in 1983 [23:01] and began her planning career with Yolo [23:04] County before being hired by the town of [23:06] Fairfax as assistant planner on July [23:08] 7th, 1986. [23:11] And she never left. [23:13] And since childhood, Linda has had a [23:16] gift for making people feel welcome. As [23:18] far back as 1968, a young newcomer's [23:22] family arriving from New York with no [23:24] friends in the neighborhood found [23:26] themselves put at ease by a quick-witted [23:28] girl with a marvelous laugh, the same [23:31] warmth she would later bring to guiding [23:33] residents through what can often be a [23:36] complex, unforgiving planning process. [23:39] And whereas Linda's arrival at town hall [23:42] followed one of town manager Charles [23:45] Kate's earliest and best hiring [23:47] decisions. appointing a bright young [23:49] graduate of UC Davis to the town [23:52] planning department. And the rest, as [23:54] they say, is history. [23:57] And Linda knows more about the planning [24:00] and zoning sections of Fairfax Town Code [24:02] in her little finger than most learn [24:05] after studying it for years and [24:08] understands the town's codes, [24:10] ordinances, and history better than [24:13] anyone else. And Linda has always [24:15] brought a factual, straightforward, [24:18] non-nonsense approach and an exceptional [24:21] work ethic to her service. Often the [24:24] first to arrive, always available to the [24:26] public and tackling every task with [24:29] impeccable care. [24:31] And whereas known throughout town as [24:34] approachable and fair, Linda built [24:36] strong relationships across every [24:38] department and worked patiently [24:39] alongside residents coming before the [24:41] planning commission to help shape [24:44] projects that could win approval. And [24:47] whereas when called upon, Linda stepped [24:49] forward to serve as the town's interim [24:52] planning director director, a role she [24:55] took on bravely and performed with [24:57] distinction. And throughout her tenure, [24:59] she has been quite simply the [25:01] institutional memory of the town. Even [25:04] if a flood if a flood were to wash the [25:07] old paper records down the creek, Linda [25:09] would still remember the history of [25:11] seemingly every parcel in Fairfax and [25:14] the countless planning commission [25:16] package she prepared over the years [25:19] would stand taller than the redwoods. If [25:22] stacked, would stand taller than the [25:23] redwoods. And whereas across four [25:26] decades, Linda has been the one constant [25:29] at town hall as colleagues came and [25:32] went, working alongside eight town [25:35] administrators and managers, 11 planning [25:38] directors, eight public work directors, [25:41] and six town clerks and deputy clerks, [25:45] five building officials, five police [25:48] chiefs, and six front counter [25:50] administrative assistants. And while she [25:53] told her sorry and while she and while [25:57] some told her she was crazy to stay so [26:00] long, the truth is simply that she is a [26:03] happy person who genuinely loves the [26:06] town of Fairfax. [26:08] And whereas Linda is a consumate [26:10] professional in an institution in [26:12] Fairfax, a wonderful person with a great [26:15] sense of humor, an always ready laugh, [26:17] and a gift for the entertaining bit of [26:19] Fairfax color drawn from her decades in [26:22] town, a warm and easy manner, and a [26:24] smiling face that all who visited the [26:27] front counter came to know. And whereas [26:30] Linda lovingly cared for the town cat [26:33] root beer for years, taking him to the [26:36] vet, feeding him well, and playing with [26:38] him daily, as he lulled about on her [26:40] desk in a cushioned box by day and [26:43] hunted by night, dearly loved by all. [26:46] And whereas Linda took over the care and [26:49] feeding of the koi and the large [26:51] goldfish in the little pond in front of [26:53] town hall, tending to them faithfully [26:55] and leaving us to wonder who will care [26:58] for them next. [27:01] And whereas Linda has cherished the [27:03] small welcoming charisma of Fairfax and [27:06] its interesting residents, the fantastic [27:08] hikes to be had on a 1-hour lunch break [27:11] and crossing the creek to come back [27:14] [snorts] to sorry and crossing the creek [27:16] to come face to face with owls, [27:18] raccoons, deer, and fawns while entering [27:21] through the town hall back door along [27:23] with small kindnesses like police [27:26] dispatcher Vanessa's smile at a gift of [27:29] homegrown tomatoes and finding meaning [27:31] in public service even when the work is [27:34] exhausting and can feel thankless [27:36] because serving the public is its own [27:39] reward. [27:41] And whereas beyond town hall, Linda [27:42] treasures her family and delights in [27:44] spending time with them and is known to [27:46] enjoy Marin County Fair and its carnival [27:49] rides. And whereas Linda's commitment, [27:52] knowledge, and service have left la left [27:55] a lasting impact on our community, and [27:58] she will be dearly missed by staff, the [28:01] town council, planning commissioners, [28:03] and the many, many residents and [28:05] applicants who had the good fortune to [28:07] work with her. And whereas it is now [28:11] time for Linda to move on to her [28:13] welldeserved retirement. [28:16] Now therefore be it proclaimed that in [28:18] acknowledgment of more than 40 years of [28:22] hard work, dedication, and tremendous [28:24] service to Fairfax and the larger [28:27] community, the town council of the town [28:29] of Fairfax extends its deepest [28:32] gratitude, appreciation, and admiration [28:36] to Linda Neil. And be it further [28:38] proclaimed that the town of Fairfax is [28:40] in a far better place because Linda Neil [28:43] came to work as our planner in 1986 [28:47] and that August 5th, 2026 is hereby [28:51] proclaimed Linda Neil Day in the town of [28:55] Fairfax. [29:00] We love you, Linda. [29:02] Do you want to say a few words? [29:05] We'd [29:07] love to you to say a few words. Yeah, [29:09] they have a [29:11] >> picture. [29:12] >> Yeah, I will. [29:17] » You have [29:19] >> I have to get real close. Okay. I've [29:20] never used one of these. I always have [29:21] the ones that are hooked up. So, as the [29:24] reszo said, I did start coming to [29:25] Fairfax when I was two because my [29:27] parents loved hiking in the lakes above [29:29] Fairfax. So, the first time I was in a [29:30] baby backpack at the age of two, right? [29:33] Then one of my other favorite memories [29:35] is going to the Sleeping Lady Cafe, [29:37] which was a great music v venue right um [29:40] by the car repair place. And we were so [29:42] stupid, all these high school kids. We [29:44] park at the park right by the car place. [29:48] We crack open our beers and we hear this [29:49] little tap tap tap and this hand's going [29:51] like this. And a Fairfax police officer [29:54] told us right by town hall, "Get out of [29:58] the car, ladies, and pour out your beer, [30:00] right?" And we're all we're going to be [30:02] arrested, freaking out. He says, "Lock [30:05] the door, go to the cafe, and remember, [30:07] drinking and driving is dangerous." So [30:09] that was my high school in Fairfax, [30:11] right? High school time. And then, of [30:13] course, when my dad um got to be 102, we [30:16] still were bringing him to the lakes [30:18] because he loved going there. And so [30:20] it's I've been coming to Fairfax for a [30:21] long long time. Almost my whole life. [30:23] And I'm going to miss everybody. [30:26] Thanks for having me though. [31:42] I know I know that all of us have [31:44] comments and then we'll take public [31:45] comment as well. It sounds like [31:48] Heather's [31:49] giving a little [31:51] parting gift. [31:52] >> So, our No, but don't don't drop it. [31:56] [laughter] [31:57] Um, so we started a tradition a few [32:00] years ago here in Fairfax of giving um a [32:03] handmade platter from a local artist [32:07] with um the retirees [32:10] um information on it and a um artist [32:14] rendering of the town seal. So that's [32:17] what's inside. [32:20] >> Thank you, Linda. [32:21] >> Very nice. [32:24] >> Who wants to speak first? Okay. Deep [32:27] breath, Bobs. [32:28] >> Be brief. Okay. [32:31] I just want to say one thing [32:33] before I start that Linda told me that [32:36] she ate her first taco as a little girl [32:39] at Michael Macintosh's house. So, [32:44] I remember that. Um, I just want to say, [32:47] Linda, you've been such a fountain of [32:49] knowledge and um I can't believe you're [32:54] gone. Um, [32:58] yeah. And I think Mark is still [33:00] processing it too. We all are. But I [33:03] just want to say you've been just an [33:06] amazing, [33:07] you know, encyclopedia for all of us. [33:11] Um, just going to you when we have [33:13] questions. [33:14] You seem to know everything and we love [33:18] that. and hopefully um some people [33:22] absorb that um in your last three [33:24] months. I also want to say you've been a [33:26] dear friend to me and to my wonderful [33:29] cat Michelle who misses you dearly. [33:31] Michelle take um takes care of Linda [33:34] when I'm away and um just Linda you've [33:37] just been such a wonderful employee and [33:43] 40 plus years it's closer to 41 years. [33:46] So, thank you for all your contributions [33:48] to our town. We will miss you dearly. [33:51] Thank you. [33:58] » Well, I'll speak. I'll You want to go? [34:00] >> Sure. [34:02] This was a while back before I was [34:04] elected to the town council and uh when [34:06] was that? 2024. and I was at a planning [34:08] commission meeting and uh you know what [34:11] we're going to miss most about Linda not [34:14] being here is her institutional memory. [34:17] We may have to hire her back under under [34:19] contract to bring her in from time to to to go through our records and [34:23] help us out. But uh I was at a plan, you [34:25] know, it's being that she was really the [34:29] planning director. Whatever whatever you [34:30] want to call it, she was the planning [34:32] director and and had to make some really [34:34] tough decisions. Sometimes we would red [34:36] tag someone for zoning violations. So I [34:39] was in the audience. This is a few years [34:40] ago out here. And uh there's a there's [34:43] an applicant who's really upset. He got [34:46] red he was red tagged. This is up on uh [34:48] Wood Lane. And uh and and he was he had [34:52] permits to build a a lot of stuff, but [34:56] he was just going off building his own [34:58] thing that he wanted. He wasn't [34:59] following his plans. And and so he got [35:01] redtagged. So he's he's ranting and [35:04] raving here at the meeting telling about [35:06] how terrible it is dealing with Fairfax. [35:07] He said, "Yeah, between Linda Neil and [35:11] Frank Agger, it's really tough around [35:12] here." Oh my gosh. So here was Linda and Frank. We were in the same [35:16] bag. How about that, huh? Anyway, Linda, [35:19] thank you so very much. Rita is going to [35:21] miss you, too. [35:26] » I'll just say something quick. I didn't [35:28] get to work with you as much as I would [35:30] have liked to, but um I so enjoyed your [35:32] um spirit in the office and your sort of [35:34] cand do attitude. And I just remember we [35:36] were trying to tour some possible open [35:38] space acquisitions and it's like you [35:41] knew totally knew the area, you knew all [35:42] the neighbors and you were like, let's [35:44] just like crawl down that bank and into [35:46] the creek and through the water and um I [35:48] just was like, yeah, let's do it. This [35:49] is like awesome. I can't believe we have [35:51] a town employee who's just like can do [35:53] this. So anyway, you're just uh [35:55] appreciated for um you know, like people [35:57] said, both your institutional knowledge, [35:59] but I just think also you just like a [36:00] spirit of adventure. So it was really [36:02] nice. [36:05] >> Do you want No, no, you [36:07] >> Yeah. Well, Fairfax, [36:11] one of the luckiest days for Fairfax is [36:13] when Linda Neil started that job. And [36:16] I've always pictured [36:19] people who work for Fairfax are people [36:21] who also know our community really well, [36:24] like like Linda did. Not only was she [36:26] great in town hall, but she knew so many [36:29] people outside of town hall. She was [36:31] literally friends with so many people. [36:34] Um, and I think that is a quality that [36:39] um is you just can't find these days. [36:42] And I and um I think that's a you're [36:46] irreplaceable. [36:48] And um I appreciate the time that all [36:50] the times you told me I was doing [36:52] something wrong and uh but all all that [36:55] aside, [36:57] congratulations and um and it's welld [37:01] deserved and hope to see you around. [37:04] Thank you. [37:06] You're such a lovely human being and I'm [37:08] just so really appreciative of getting [37:10] to know you these past few years and [37:12] even with all of the, you know, the [37:13] craziness that the town experiences, you [37:16] just stay the course and you're very [37:18] positive and um the times that I've gone [37:21] out to you on sites have just been I [37:24] mean what you contain is is you're just [37:27] brilliant and it's the word is [37:29] absolutely you are irreplaceable. It's a [37:32] huge loss. Um but I'm also really really [37:35] happy for you and I also want to just [37:37] name the fact that you know early in my [37:39] tenure on the council [37:42] um you really to me showed a lot of [37:45] leadership that I learned from in terms [37:49] of you know when you presented something [37:50] and if I didn't necessarily vote in [37:53] alignment with your recommendation you know didn't take it personally I was [37:57] like worried that it would hurt our [37:59] relationship and it was never like that. [38:01] is very very professional and I just [38:04] really admire that about you because I [38:05] know you put in so much energy and time [38:08] and care into your your work. Um, and [38:13] I'm going to miss you dearly just [38:14] walking around. I remember the first [38:16] time I saw you walking up Manor Hill. [38:18] I'm like, are you are you like what what [38:20] are you doing? You why are you walking [38:23] up scenic? It's so hot. And you're like, [38:25] no, no, I like I like to do that. So, I [38:28] just think it's I think you're wonderful [38:30] and beautiful. And I also wanted to [38:32] thank all the people who contributed to [38:34] the proclamation, namely Mimi Newton, um [38:38] who's a big fan of yours, as I'm sure [38:40] you know. And um with that we will open [38:43] the public comment. [38:57] This is a public comment on the Linda [39:00] Neil proclamation. [39:08] So, some of this has been said already, [39:10] but Linda has spent 40 years serving [39:12] this community. 40 years, [39:16] sorry, 40 years [39:19] knowing the history and mapping of the [39:22] town. During that time, she has no doubt [39:24] walked every road, looked at every [39:27] parcel more than once. That 40 years [39:30] also includes volunteer service to the [39:33] community. When Fairfax had a vibrant [39:36] volunteer organization, she volunteered [39:38] on the First Creek Cleanup effort, and [39:41] there are pictures. [39:43] Her love of the community included [39:45] taking care of the fish out in the pond [39:47] in front of the town hall, as well as [39:50] sharing her office space with the town's [39:53] rodent control officer. I recently spoke [39:56] with an individual that had a business [39:58] in town many years ago and still [40:01] remembers the help that Linda provided [40:03] her when she opened her business. Linda [40:06] believes strongly in customer service. [40:09] So, I want to congratulate Linda on her [40:12] retirement and acknowledge all we have [40:15] lost with her retirement. [40:23] I don't have anything too helpful to [40:25] add, but [40:29] Hi, Linda. I just wanted to let you guys [40:32] know that I'm going to be Linda's [40:34] campaign manager, and now she can be on [40:36] town council. [40:41] Um, I'd like to start by saying, [40:43] Stephanie, thank you very much for the [40:44] lovely proclamation. She is certainly [40:46] worthy of all the praise that you [40:48] brought forth tonight. and I personally [40:50] really appreciate it. Obviously, I've [40:52] known Linda for a long time and I've [40:54] known her as little kids, you know, [40:56] playing with snakes and everything else. [40:58] And all I can say is we'll certainly [41:00] miss her. I hope when our town reviews [41:03] pensions and everything else, she is the [41:06] person that's worthy of the largest [41:08] pensions that we can give to our [41:10] employees. She's been here for [41:11] everybody. She's been consistent. She's [41:14] a lovely person. And even if she [41:16] retires, I'm sure she'll still be back [41:18] here to help us. So to everybody, thank [41:21] you very much for the compliment you've [41:22] given her tonight. [41:31] » Okay. [41:32] >> Well, [41:34] >> this event kind of got me [41:36] [clears throat and cough] [41:37] all poetic. [41:39] Okay. I decided I would read a limmerick [41:43] I have written for you. [41:48] In Fairfax, there toiled a planner named [41:51] Neil, processing projects with an odd [41:55] kind of zeal. She was nice with advice. [41:59] You'd go back for it twice. That was [42:02] just how good she made everyone feel. [42:09] Um, I also wrote you an ode which is a [42:12] little longer and I the town had it [42:15] framed for you. So I'm going to give you [42:18] my ode as well. And there was a ha coup [42:21] but that's far too long a time to get [42:24] into the haiku too. there. Yeah. [42:35] » So, uh I want to thank Linda. Um missing [42:39] from the proclamation are the dozens of [42:42] town council members who you've put up [42:44] with over the last 40 years. So, and uh [42:48] I for one really appreciated it both as [42:51] a member of the council and also as a [42:53] resident cuz we did a couple building [42:55] projects that you helped us with and you [42:58] know treated us fairly and worked with [43:01] us and just you know so she is really [43:06] irreplaceable because she not only knows [43:09] the codes but she helped write the codes [43:13] and implement the codes. So, you're [43:17] really irreplaceable. [43:19] And on a on a more serious note, with [43:22] the new state housing mandate, [43:25] many of the characteristics of Fairfax, [43:29] the planning and zoning characteristics [43:31] are going to be overridden and have been [43:33] overridden by the state. So, some of the [43:37] work that she's done that's helped [43:39] create Fairfax, the physical environment [43:42] in Fairfax, [43:44] you know, this may be the fork in the [43:46] road when you leave, [43:48] but uh one thing is when you walk [43:51] through town, I hope you appreciate the [43:53] look and the feel of the town as we all [43:56] should. So, thanks. Thanks again, Linda, [43:59] and I'll see you around. Thank you. [44:06] Hi, Mayor and Council. Hi, Linda. I came [44:10] down here tonight to speak in support of [44:12] the proclamation, which is obviously [44:14] going to be unanimous. And um to thank [44:18] Linda for being a great colleague, [44:20] former colleague, a great as a resident, [44:24] you've been great keeping our town where [44:26] it should be. Um Linda's a lot of fun. [44:30] We laughed a lot together. [laughter] [44:34] Many laughs. Linda's also an amazing [44:36] gardener and has a magic lemon tree. [44:42] That's Gary. [laughter] [44:44] Okay. Thank you, Gary. [44:47] Okay. Yeah, that's and that's the hard [44:49] part. [44:50] And uh anyway, I just I don't know what [44:54] you guys are going to do without Linda, [44:55] actually. [44:57] Congratulations. [45:07] It was about 25 years ago. I got myself [45:10] set up as my practice as an architect on [45:13] Blanus Road. And uh one day shortly [45:16] thereafter, I went over to the planning [45:19] department to introduce myself and I met [45:23] Linda [45:24] [snorts] and uh described what I had in [45:28] mind. And Linda looked at me and said, [45:29] "Oh, you're the person that set up an [45:32] office on the ground floor, which flies [45:36] in the face of a very obscure section of [45:40] the code, [45:42] which [45:46] and when I tried to resolve that, it [45:48] involved the variance and at that time [45:51] you couldn't get variances in downtown [45:54] Fairfax. [45:55] So we had to go through a few changes [45:57] there. But anyway, there was another [46:00] thing that very few people know about in [46:02] this town is there was a period, I don't [46:05] know if it was two or three years when [46:07] there was no planning director and Linda [46:11] was left with the task of trying to make [46:14] a call on all these various problems [46:17] that came up. And few people know that [46:22] she really relied upon [46:25] this monkey to make a lot of the [46:28] decisions [46:30] for the planning department. [46:32] And often you would have to [46:37] state your case and then she would throw [46:41] the monkey at you and the monkey would [46:45] express its feeling. Now that my got a [46:49] little old I don't know if you can hear [46:50] her but she go like this [46:59] » and hold on. So I just I would just say [47:03] no no it's [47:05] >> the key [47:05] >> yours to play [47:06] >> the other one. [47:07] >> Yes. This there two of them. She wanted to get two opinions on [47:14] everything. So, she had two monkeys, one [47:16] of her own and that one. In any event, [47:21] it all seems to worked out pretty well. [47:24] And uh I've really had quite a [47:28] meaningful relationship [47:30] uh with Linda and the town. Should be [47:34] very thankful for having all of her [47:36] efforts for so many years. [47:42] » Thank you. Next speaker. [47:46] Um, I have had the opportunity to walk [47:50] into Linda's office, both as a member of [47:53] the tree committee with questions about [47:56] plans and also as a resident with [47:59] questions about projects. And she has [48:01] always been welcoming with a big smile. [48:05] And uh, I'll never forget the wall of [48:08] folders opposite her desk. and if I [48:11] asked of something in history, she [48:13] reached out. She knew exactly which [48:15] folder to pick out. Um, I think not only [48:18] has she been through many planning [48:20] directors, but she's really trained [48:22] planning directors and she is the she is [48:25] the person at planning commission [48:27] meetings if members of the commission [48:30] are going in a direction that's not uh [48:33] according to code, the person who brings [48:36] them back and and knows the code. So, I [48:39] don't know what we're going to do [48:40] without you, but I'll certainly miss [48:42] you. [48:50] Um, Linda, there are there are some [48:55] people um that you have to say goodbye [48:59] to. [49:01] And if you don't get to say goodbye, it [49:04] just seems like the pass passage is [49:07] incomplete. [49:08] Uh, and when I found out that Linda was [49:12] last day was when it was, I was [49:15] compelled to be here because I could not [49:19] leave the the path that Linda and I have [49:23] shared in Fairfax and what Linda has [49:26] done for Fairfax without thanking her [49:29] and saying goodbye. Thank you. You're [49:31] going to be a tough act to follow. Thank [49:34] you. [49:46] » Indeed, you are loved. Linda, is there [49:49] any hands raised? [49:50] >> We have one raised hand on Zoom. Mina, [49:53] you are unmuted. You may now unmute [49:55] yourself. [49:57] >> Hi. Can you hear me? [49:59] >> Yes. Um, I also wanted to say something [50:03] and uh recognize Linda Neil on her [50:05] retirement. Listening to everyone's [50:07] stories tonight. It's clear just how [50:09] many lives she's touched over these last [50:11] 40 years. Um, Linda's truly been a part [50:14] of the fabric of Fairfax for decades. 40 [50:17] years of service is remarkable and with [50:18] that comes an incredible amount of [50:20] institutional knowledge that simply [50:22] can't be replaced. From the chamber's [50:24] perspective, Linda was always helpful. [50:26] She knew the town processes inside and [50:28] out. And while she was a careful steward [50:30] of the rules, she was also someone you [50:32] could call, ask questions, and count on [50:34] to help you understand how to get things [50:36] done the right way. I can't tell you how [50:39] many businesses have commended Linda on [50:42] her professionalism, consistency, and [50:45] dedication. And I know that she's had a [50:47] positive impact on anyone she's probably [50:51] come in contact with, residents, [50:52] businesses, staff, volunteers, me. Um, [50:56] on behalf of the Fairfax Chamber of [50:57] Commerce and the wider business [50:58] community, thank you, Linda, so much for [51:01] your decades of service to Fairfax. We [51:03] wish you all the best in your retirement [51:05] and hope to see you around town. Thank [51:07] you. [51:10] >> We have one more raised hand on Zoom. [51:15] Mark. Mark, you are unmuted. You may now [51:18] unmute yourself. [51:20] >> Can you hear me? [51:22] >> Yes. I just want to say it's been a [51:24] wonderful 20 years uh working with [51:26] Linda. Uh I miss her greatly and uh you [51:31] know whenever I had uh some horrible [51:33] dilemma that would come up I'd always [51:36] say hey you know what do I do? What do I [51:38] do? And one example was you know I [51:42] get items from Amazon every once in a [51:44] while. I got this Amazon box and it was [51:47] on my desk. I open it up and it's a bra [51:50] and panties [51:52] and it's to one of our co-workers, one [51:55] of our gentleman co-workers. I said, [51:57] "Linda, what do I do? What do I do? I [51:58] don't know what to do with this." And [52:00] she was calm and she said, "We'll just [52:02] tape it up, put it on their desk. When [52:04] they're not looking, we don't say [52:05] anything. They won't say anything." [52:08] Anyway, thank you so much for a [52:10] wonderful 20 years, Linda. [52:17] Oh my god. [52:20] Okay. Oh, should we take a break? Should [52:22] we take a break? [52:23] >> Yeah, we're gonna take a five minute [52:25] break so we can all give hugs and [52:27] there's cookies and celebrating. We're [52:28] going to con What time is it? It's We're [52:31] going to reconvene in five minutes, but [52:33] I think all of us want to say it [52:37] farewell. Okay. [52:43] Get your goodies and take a seat. [52:45] We're going to resume. We've got couple [52:50] of big items [52:52] and I want to be in bed by what's what's [52:54] the bet? 9:30 [53:15] Okay. Well, that was really wonderful [53:18] and there's still some treats and some [53:20] coffee. Um, we are now moving on to open [53:26] time for public [53:28] expression. [53:30] And this is the time for the public to [53:32] address the council on matters not on [53:34] the agenda. [53:36] Each speaker is limited to two minutes. [53:38] The council cannot take action or [53:40] discuss items that are not on the agenda [53:42] as restricted by state law. If there are [53:45] more speakers after 30 minutes, open [53:47] time will continue at the end of the [53:49] agenda. [53:51] Okay, let's try to keep the chatter to a [53:53] minimum. And with that, first speaker. [53:55] Thank you. [53:57] >> Good evening. I'm Michael Ardo, resident [53:59] of Fairfax since birth in 1953. I'm here [54:03] tonight to announce that the last [54:04] weekend of August, the community will be [54:07] celebrating the 75th anniversary diamond [54:10] jubilee of our public high school since [54:13] 1951. Sir Francis Drake, now Archie [54:15] Williams. as a proud Drake graduate when [54:18] Archie Williams was my output teacher [54:20] and track coach and a Septu teacher at [54:23] the high school since 2017. This year [54:25] I'm one of the people working diligently [54:27] to help bring our community together to [54:30] celebrate the school's milestone. The [54:32] last Friday of August will be the golf [54:34] tournament and that night school alumni [54:36] music performance will be at various [54:38] venues in the Ross and San Donimo [54:40] valleys. On Sunday afternoon, August [54:43] 30th, there will be a Day on the Green [54:45] picnic on campus with music. There will [54:47] be historical displays in the student [54:49] center, speaker presentations, and [54:52] celebration cupcakes and ice cream while [54:54] supplies last. Vintage Drake pirate [54:57] athletic wear that will that we rescued [55:00] from the school's athletic fieldhouse [55:02] before demolition will be available on [55:04] campus the last weekend of the month. [55:06] The hundreds and hundreds of athletic [55:08] clothing are worth thousands upon [55:10] thousands of dollars. In lie of a small [55:12] donation for the athletic wear, people [55:14] can receive items for free by [55:17] participating later this month in the [55:19] passport puzzle program. Large green [55:22] capital letters will be in storefront or [55:24] restaurant windows in Fairfax and San [55:26] Samo [55:27] similar to the annual hunt for the [55:29] Fairfax art walk. Please look for the [55:32] green diamond emblem. The weekend will [55:34] culminate on Monday night, August 31st [55:37] with the second annual Drake Archery [55:39] Williams Athletic Hall of Fame dinner at [55:41] Deer Park Villa. Everyone can [55:43] participate the last weekend of August [55:45] by wearing the school colors of green [55:47] with white or black. As clues for the [55:49] puzzle, next Thursday, August 13th, the [55:51] new California historical landmark pot [55:52] for Drake and the Golden Hinds landing [55:54] in 1579 will be decim. This Sunday, [55:57] August 9th, is the 9th anniversary of [55:58] Archie Williams winning the Olympic gold [56:00] medal in 1936. Thank you. [56:02] >> Wonderful. Well, thank you. Next [56:05] speaker, please. [56:07] >> Yes. My my name is Steve Werman. I live [56:09] at One Meadow Way. I'm here to talk [56:12] about my concern regarding the Meadowway [56:14] Bridge utilities. Nancy and I agreed to [56:16] a temporary easement agreement back in [56:19] March. This July, your attorneys [56:21] provided us with a new revised agreement [56:23] after PG& asked for and got revisions. [56:26] We requested what PG's revisions were, [56:29] but haven't gotten a response. We added [56:32] two sentences to protect our property, [56:34] our pool area and solar panels. I don't [56:38] trust PG&E. I understand that all the [56:41] utility lines are to be placed [56:42] underground permanently. We've had [56:45] numerous meetings at the bridge with [56:47] your with representatives from the town [56:49] and utilities and that's what we've been [56:51] told. We put in solar panels in October [56:54] of 2015 to do our part for climate [56:57] change. In April 2018, PG Gen without [57:00] notice to us tried to put a 60 ft [57:02] utility pole which it would have blocked [57:04] our panels. That's picture one. And it [57:07] shows our house and it shows where where [57:08] their um pole would have been. It took a [57:11] year to get an anchor placed across [57:13] Cascade. Just because PG says something [57:17] doesn't mean it's true. In July, this [57:20] last July, PG& without again notice put [57:23] a taller utility pole on the north side [57:25] of the Meadowway Bridge. It added a [57:28] trans transformer type item. Picture two [57:30] is the old pole and the new pole. You [57:33] can see how tall it is. Picture three [57:36] shows this transformer type item. I'm [57:38] sure that down the line PG& will say [57:40] that the utility wires have to be put [57:42] back up, not underground because of this [57:45] new pole. We have advised PG&E numerous [57:48] times that it is silly and a waste of [57:50] money to put new poles up when all the [57:54] utilities are going to be going [57:55] underground. You have seen TV ads with [57:58] the woman of uh CEO of PG saying that [58:01] they want to put them underground [58:03] because it's a fire hazard and Cascade [58:05] Canyon is a fire hazard. Thank Thank [58:08] you. [music] [58:13] » Hi, I'm Nancy Wasserman. Um, I'm a [58:16] Fairfax resident who's lived on [58:18] Meadowway for 41 years and on Cascade [58:21] for seven for a total of 48 years in [58:24] Cascades. And I've never talked to the [58:26] council before. This is my first time. [58:29] Um, I would like to speak also about the [58:31] Meadowway Bridge, a little bit different [58:33] from what Steve was talking about. With [58:36] environmental studies starting in 2013 [58:39] and design changes and negotiations [58:41] along the way, we still have no bridge. [58:44] I live at the edge of the bridge and [58:46] hear every car that crosses it. I have [58:48] huge concerns for my neighbors and [58:50] emergency vehicles driving over it. The [58:53] Canyon Bridge went up in a month. The [58:55] Bicycle Coalition, as you mentioned [58:58] earlier, is beginning the Elliot [59:00] Preserve bridges after one year of [59:02] planning and we still don't have a [59:04] bridge. They have fishing game and [59:06] environmental issues just as we do. PG&E [59:10] promised that with the bridge, our [59:12] utility wires would go underground [59:13] permanently. Now they are reigging and [59:16] reversing their position. We have agreed [59:18] to everything up until now. I urged the [59:21] town council to stand up for our [59:24] neighborhood welfare and fight on our [59:26] behalf for fire safety for a swifter [59:30] resolution to the bridge issues with [59:32] PG&E and get this bridge project [59:35] completed before another rainy season [59:38] passes. It is shameful that PG&E appears [59:41] to have the last word on this project [59:45] and the Fairfax City Council does not. [59:48] Thank you. [59:55] Sierra Salem, I have a slogan for [59:57] Fairfax. [59:59] Let's change Fairfax. [1:00:01] And perhaps we can add something to the [1:00:03] end of it for the better or for the [1:00:06] worse. I saw a line of cars stretching [1:00:09] from the Fairfax Community Church to St. [1:00:11] Rita's on Saturday morning for the food [1:00:13] bank. [1:00:14] I wonder why that's getting longer, [1:00:16] especially with all the affordable [1:00:18] housing that we're building in Marin. [1:00:20] Um, I talk to people and ask them, [1:00:23] people that have been here a long time [1:00:24] that live here that are locals, some [1:00:27] many of which grew up here, how much [1:00:28] they make a year working at the Good [1:00:30] Earth or any pretty much any business in [1:00:32] town or lots of other businesses. [1:00:35] And most of the people in the locals [1:00:37] that work in any local businesses make [1:00:39] well under $50,000 a year. [1:00:43] Think about that. We're building housing [1:00:45] pegged at $120,000 a year. We're getting [1:00:48] two extra stories of bonus bonus bonus [1:00:51] extra bonus units at $120,000 a year. [1:00:56] Who is that serving? It's not serving [1:00:59] anybody that lives here, that is here, [1:01:01] that's from here, that works here. [1:01:04] Let's change Fairfax, right? That [1:01:08] building is going to change Fairfax. I [1:01:10] don't think it's going to be for the [1:01:11] better. [1:01:12] I'm willing to chain myself to to the [1:01:14] equipment. I'm willing to have my car [1:01:16] break during rush hour on Sir Francis [1:01:19] Draker Center and maybe everybody else's [1:01:21] cars will break on center too during [1:01:23] rush hours. We've got a traffic problem. [1:01:26] We've got a water problem. We've got [1:01:28] lots of problems. We don't have any [1:01:30] solutions that were actually our [1:01:32] solutions. Affordable housing for [1:01:34] $120,000 is not a solution. It's kicking [1:01:38] the can down the road and making things [1:01:39] worse. [1:01:41] Um, I've got 14 seconds left. What are [1:01:45] we doing for the environments to make [1:01:46] things better? And yes, I do feel like a [1:01:49] hypocrite because I just went out and [1:01:50] bought a new refrigerator rather than [1:01:52] fixing one that was 22 years old. And I [1:01:55] wish that things were made so that we [1:01:56] could repair them. [music] [1:01:59] >> Thank you. [1:02:04] » Not as tall. Deborah Benson, Cascade [1:02:07] Drive. Um, I would like to speak to the [1:02:09] council about [1:02:12] uh [1:02:14] getting along. I attended last council [1:02:17] meeting via Zoom and some of what I saw [1:02:20] with council members being cut off and [1:02:23] then breaks and [1:02:26] interactions was really kind of [1:02:28] appalling. Um I I don't know if you guys [1:02:32] remember Diane Huffman, but she was a [1:02:34] person who was involved in in town [1:02:36] politics. And I remember her saying once [1:02:39] we get we did get three minutes to talk [1:02:42] and you guys sit up there and you go on [1:02:44] and on and on. Sometimes that's the way [1:02:48] to reach consensus. [1:02:50] Sometimes it's going to be a little bit [1:02:52] off topic, sometimes not. I know you you [1:02:55] have to stick to the agenda and what's [1:02:56] on the agenda, but um I would like to [1:03:00] see some of the spirit that we just saw [1:03:02] between all five of you in regards to [1:03:05] our our dear person who's leaving um [1:03:09] extend to your your everyday [1:03:11] interactions with each other. I'd like [1:03:13] to see a line of of smoothness going [1:03:16] between all of you instead of a line of [1:03:18] fractiousness. Um, it used to be a lot [1:03:21] friendlier here with each other and with [1:03:26] the council and the people and uh I'm [1:03:29] not up there. It's a difficult job, but [1:03:31] I'd like you guys to work on that. Thank [1:03:34] you. [1:03:39] » Next speaker. [1:03:40] >> Hi, Todd Greenberg. [1:03:44] You know, Fairfax used to be more about [1:03:48] peace, love, tie-dye, [1:03:53] music, art, and community. [1:03:58] But what many of us see [1:04:02] many [clears throat] members of this [1:04:03] council repeatedly doing is bringing [1:04:05] controversy to Fairfax. [1:04:07] Now it's about tasers, [1:04:12] automated license plate readers, and [1:04:14] approving high-rise highdensity [1:04:15] buildings. And now you're considering [1:04:18] unlimited [1:04:20] unspecified pesticide use later on at [1:04:24] this meeting. [1:04:27] The mayor and other members frequently [1:04:30] condemn public speakers for what they [1:04:33] say. [1:04:36] They rely upon stated rules of decorum, [1:04:40] but yet they violate those stated rules [1:04:43] of decorum. [1:04:45] It's not [1:04:47] equally applied. [1:04:49] And in fact, the law [1:04:52] allows criticism of town council [1:04:55] members. So, I suggest that you revise [1:04:59] your rules of decorum and until you [1:05:01] revise them, that you actually adhere to [1:05:04] the law and you quit badmouthing and [1:05:09] publicly insulting speakers and cutting [1:05:11] them off and cutting off town council [1:05:13] members. I suggest that you adhere to [1:05:16] the Brown Act and that you adhere to [1:05:20] what Fire Town Council's adopted as the [1:05:22] rules of order, namely Robert's rules of [1:05:25] order, which the mayor consistently [1:05:27] breaks. [1:05:29] You need to have a vote before you [1:05:31] adjourn a meeting abruptly. And then [1:05:34] when you adjourn the meeting, [1:05:37] you need to return the floor to the [1:05:38] council member who is speaking. [1:05:41] Please. [1:05:47] » I certainly think Todd read the laws [1:05:49] because he is correct. I am one of those [1:05:52] people that were cut off last time. [1:05:55] I think the reason I get cut off is [1:05:57] because our mayor does not want to hear [1:05:59] a difference of opinion. But what [1:06:02] prompted all this was when our council [1:06:04] member that represents different points [1:06:06] of view, Michael Giranelli, got abruptly [1:06:10] cut off, tried to interfere with his his [1:06:13] thinking, and then the meeting is [1:06:15] adjourned. That's not correct. I've seen [1:06:18] the same poor attitude towards Council [1:06:23] Member Edgar regarding hearing aids and [1:06:26] different things. Where is that allowed [1:06:29] in any group? I would also like to say [1:06:33] that I have found the current council to [1:06:35] be as divisive as I have seen in the 24 [1:06:40] years I've been coming to this meetings. [1:06:43] Leisel has always been polite, has [1:06:46] always represented people. She may not [1:06:48] have the same opinion that I do, but [1:06:50] she's always been willing to sit down [1:06:52] and discuss that. I find the same of [1:06:54] Michael and Frank. I would encourage the [1:06:57] mayor to take that same behavior because [1:07:00] I've seen our mayor stick her tongue out [1:07:03] to people, flip people off, take papers [1:07:06] off desk and throw them on the ground [1:07:07] which is recorded. And I would [1:07:10] appreciate if maybe she reflected upon [1:07:13] those actions and thought of a better [1:07:16] way to represent her town and bring [1:07:18] forth a little continuity and welcome [1:07:21] the value of diversity of opinions to [1:07:23] get to a better place. Thank you. [1:07:27] Any other speakers in the [1:07:29] room? Okay, seeing none, are there any [1:07:33] hands raised? [1:07:34] >> We have two raised hands on Zoom. The [1:07:37] first speaker is Cindy, followed by [1:07:39] Jodie. Cindy, you are unmuted. You may [1:07:41] now unmute yourself. [1:07:45] >> Um, hi, good evening. Cindy Ross, um, [1:07:49] longtime Fairfax resident. I live on [1:07:51] Lansdale Avenue and a few a couple of [1:07:55] weeks ago or so on Next Door online, I [1:07:59] saw a thread about my street that um at [1:08:03] first I thought was kind of funny, sort [1:08:06] of interesting, but it's it's given me a [1:08:09] lot to think about and I realized that I would like to see if we could work [1:08:13] towards some solutions. Um, what what [1:08:16] came up online was that Lansdale Avenue [1:08:21] apparently has been designated voerf, [1:08:25] which I've come to learn is um I think [1:08:29] it means living street. Um, it's it's an [1:08:33] attempt to share the road. It's it's a [1:08:36] program that was implemented [1:08:39] in um Holland first and several other [1:08:42] cities in in Europe to try to calm down [1:08:45] traffic. [1:08:47] And the thread on Next Door was kind of [1:08:50] interesting because not only did people [1:08:54] most people not know that those signs [1:08:56] were there, apparently they've been [1:08:57] there maybe 10 years. Um but you know [1:09:01] there was lots of speculation. you know, [1:09:03] they they seemed really silly. Nobody [1:09:05] knew what they meant. And, you know, I I [1:09:09] get the concept of trying to to share [1:09:12] the road, but on Lansdale Avenue and [1:09:16] also um the other street that I live [1:09:18] closest to, Pastori Avenue, [1:09:22] um it it's it's ridiculous to to put up [1:09:25] a sign and think that it's going to make [1:09:27] a difference. We have a road that is not [1:09:31] wide enough for two-way traffic and [1:09:33] parking. Um, we have people on bicycles [1:09:38] and in cars that don't pay attention to [1:09:40] all the stop signs and other traffic [1:09:42] safety. Um, we have people that cut [1:09:46] through the Fairfax PL Oh, okay. Well, [1:09:52] the next speaker is Jod. Jody, you are [1:09:55] unmuted. You may now unmute yourself. [1:09:58] Okay, I don't see a Thank you. I don't [1:10:00] see a a clock, but I'll try to get this [1:10:02] in my two minutes. Good evening, mayor, [1:10:03] council members, staff, and fellow [1:10:05] community members. Jod Tims, Cascade [1:10:07] Drive. Just a few climate related items. [1:10:10] First, many thanks to those who came out [1:10:12] on July 24th to the Fairfax Climate [1:10:15] Action Committee's Climate Future Film [1:10:17] Festival that was held in the Women's [1:10:19] Club. We had about 50 folks join us to [1:10:22] watch 13 international documentary films [1:10:24] with tableabling by Resilient [1:10:26] Neighborhoods and the county's [1:10:28] sustainability staff. I think most of us [1:10:30] in Fairfax also recently received a [1:10:33] letter from the county's new climate and [1:10:35] sustainability department regarding the [1:10:37] Bay Ren Ease program for possible home [1:10:41] upgrades. The letter detailed what the [1:10:43] program covers and what it costs, a [1:10:45] maximum of up to $2,000. It includes [1:10:49] insulation, air and duct ceiling or [1:10:51] replacement, induction, cooking [1:10:53] installation, etc. I took advantage of [1:10:56] this program a while back and I highly [1:10:58] recommend it. On September 12th from 1 [1:11:01] to 4, the Reuse Alliance and the town [1:11:04] will host another repair fair at the [1:11:06] library. So, bring your broken [1:11:08] appliances and gadgets to see if they [1:11:10] can be fixed and reused. And finally, [1:11:12] regarding the topic of dark skies, I [1:11:15] know the planning commission has been [1:11:16] mulling this over for some time, and [1:11:18] this morning I attended a Marin [1:11:20] Conservation League meeting and heard [1:11:22] about their dark sky policy. As you [1:11:25] likely know, light pollution destroys [1:11:27] critical wildlife habitat. It wastes [1:11:30] money and energy. It harms human health. [1:11:34] It can actually decrease safety and [1:11:36] security. And it robs us of our [1:11:39] beautiful night sky. So given that [1:11:41] writing an ordinance can take a long [1:11:43] time, I'd love to propose that in the [1:11:45] meantime, the council consider drafting [1:11:47] a town resolution or proclamation with [1:11:50] our intention to address light pollution [1:11:53] through responsible outdoor lighting. [1:11:56] Thank you for all you do. Community [1:11:58] members, staff, and council. [1:12:02] >> There are no more speakers on Zoom. [1:12:04] >> Okay, terrific. Thank you. You're [1:12:07] closing. [1:12:08] Can I just say a couple words quick [1:12:10] about Drake? [1:12:12] >> Uh yeah, let me just close open time for [1:12:14] public expression and then quickly go [1:12:16] ahead. [1:12:18] >> Okay. Um [1:12:21] 75th uh Diamond Ju Jubilee anniversary [1:12:25] is quite a big deal and uh thank thanks [1:12:27] to Mike Ardo, our open space committee [1:12:30] member for coming tonight and reminding [1:12:32] us of that what's coming up. Um, [1:12:36] our daughter Lori uh graduated from [1:12:38] Drake in 1978. And, uh, Archie Williams [1:12:40] was her math teacher, so we had a [1:12:43] connection. And I do actually have a [1:12:45] little further back connection. And, um, [1:12:48] 70 years ago, it was in 1956. I was a [1:12:51] senior at SI on the championship [1:12:53] swimming team. And we came over here and [1:12:55] swam Drake High School in our brand new [1:12:57] pool there. Um I I had I had never been [1:13:01] to Drake High School or seen it, but it [1:13:03] they had a brand new pool. Boy, that was [1:13:05] something. And so we got to come over [1:13:06] here and and swim Drake High. Anyway, [1:13:09] that's my connection to Drake. Thanks. [1:13:12] Well, one one last quick thing. Uh we [1:13:14] heard we heard neighbors of on [1:13:17] Meadowway. It's my understanding PG& is [1:13:20] going to underground. [1:13:22] >> Frank, [1:13:24] >> you know, people come down and they ask [1:13:25] us make a comment. No, but you have a [1:13:28] >> I'm not I'm not [1:13:29] >> Frank. I was going to I was going to say [1:13:30] something. [1:13:31] >> I was going to tell you the PGD is going [1:13:32] to underground from Cascade Drive to the [1:13:35] Meadowway. That's what we've been told. [1:13:38] >> That's all. [1:13:38] >> Well, that's reiterating what I think [1:13:40] what the Wermans were saying, but I'm I [1:13:42] want to appreciate I want to acknowledge [1:13:45] your concerns and I hope that we can [1:13:47] help you get the answers you're seeking. [1:13:52] Moving on, we are now on to the regular [1:13:55] agenda. Item number two, pesticide [1:13:58] ordinance exception request. Adopt a [1:14:01] resolution authorizing an an exception [1:14:04] to the town's pesticide ordinance for [1:14:06] targeted flea treatment beneath the [1:14:08] temporary fire station. And we have [1:14:12] our director of public works, Kristen [1:14:15] Arnold, here. Take it away. [1:14:19] >> Thank you. [1:14:23] Did you promote me? [1:14:40] Almost there. [1:14:47] Share. Oh. [1:14:52] says someone else is sharing. [1:15:17] Almost there. There we go. [1:15:20] Okay, [laughter] [1:15:22] [sighs] [1:15:25] good evening. I'm Kristen Arnold, public [1:15:28] works. I'm here to talk about an [1:15:31] exception to the pestanite pesticide [1:15:33] ordinance for the temporary fire [1:15:36] station. Um, specifically underneath the [1:15:38] building [1:15:40] in early July [1:15:44] or I'm sorry, late July. Um staff was [1:15:50] told about um a flea infestation in the [1:15:52] playground. Um we subsequently closed [1:15:55] the playground while we started [1:15:58] evaluating what our options are and what [1:16:00] we could do about it. Um [1:16:06] so our first focus was on the [1:16:08] playground. Um, we discovered that [1:16:13] animals were able to access underneath [1:16:16] the deck area in the playground. Um, and [1:16:20] so while we were excluding that area, we [1:16:23] found openings [1:16:25] into the temporary fire station, which [1:16:28] is currently at the community center, [1:16:30] which borders the playground. Um, so we [1:16:33] were able to block off all of those [1:16:35] accesses. [1:16:36] for the playground. We [1:16:40] from talking with a few different [1:16:41] agencies um we determined that an [1:16:45] agricultural steam treatment um looked [1:16:49] like a really good option to treat the [1:16:51] fleas in the playground. Um that has [1:16:54] been completed now and it uh does appear [1:16:57] that it had a significant impact. Um, so [1:17:02] we'll continue monitoring and raking the [1:17:05] sand to evaluate how the playground site [1:17:08] is going. [1:17:10] However, [1:17:12] this leaves fleas [1:17:15] um underneath the crawl space of the [1:17:17] temporary fire station. The crawl space [1:17:21] is um [1:17:24] like a solid perimeter concrete [1:17:26] foundation. So, it completely circles [1:17:28] the underneath of the building and that [1:17:31] is now blocked off from wildlife being [1:17:34] able to access it. Um [1:17:38] so we were reviewing the ordinance to go [1:17:41] through our options of how do we treat [1:17:44] underneath the building. Um [1:17:47] granular pesticides that are ground [1:17:49] applied are allowed by the ordinance. [1:17:52] However, they need to be watered to [1:17:55] activate [1:17:56] any um pesticide or insecticide. [1:18:00] And [1:18:01] hosing down underneath a woodframe [1:18:04] building is not an ideal situation. It [1:18:07] can create rot and mold and generally [1:18:09] you want to avoid it. Um, we did add [1:18:13] boric acid underneath the building. [1:18:16] However, it's not really an effective [1:18:20] flea treatment, especially through all [1:18:22] stages of a fleas's life cycle. [1:18:25] um and is not an effective means to [1:18:29] control the situation that we're in. Um [1:18:32] the ordinance also allows spraying 9 [1:18:35] square feet once per year, but [1:18:38] underneath the building is roughly 1,900 [1:18:40] square ft. Um and we did talk to [1:18:46] um Dominican University about steaming [1:18:48] under the building, but it was the same [1:18:49] situation. It adds too much water. Um, [1:18:52] and you may ask the question, why didn't [1:18:54] we, you know, just use the granular [1:18:57] pesticides anyways and just try to use a [1:18:59] little bit of water? It's also against [1:19:02] like federal law prohibits using a [1:19:04] pesticide inconsistently with its label [1:19:08] and granular pesticides [1:19:12] um are specifically [1:19:15] marketed for outside landscaped areas um [1:19:20] or like a lawn area. [1:19:25] Um so the last option in the ordinance [1:19:28] is to request council to authorize an [1:19:33] exception when the following three [1:19:35] conditions are present. Health and [1:19:37] safety impacts, no reasonable [1:19:40] alternative and adverse town impacts. Um [1:19:44] so the infestation can impact the fire [1:19:47] station staff and fleas can carry [1:19:50] disease. Um the ordinance compliant [1:19:54] measures [1:19:56] will not control the fleas beneath the [1:19:58] building. [1:20:00] And if fleas start finding their way [1:20:02] into the fire station, there is a [1:20:04] potential that we would need to relocate [1:20:07] the fire station which would increase [1:20:10] emergency response times. [1:20:23] After coming to this determination, [1:20:27] staff met with three different pest [1:20:29] control companies and has been [1:20:30] consulting with the county department of [1:20:32] agriculture to find a recommended [1:20:35] solution. [1:20:38] The recommended treatment approach is to [1:20:41] spray an insecticide and a growth [1:20:43] regulator under the temporary fire [1:20:46] station [1:20:50] to treat this infestation. [1:20:59] It's a type of insecticide [1:21:02] that um [1:21:06] I asked what a growth regulator is. [1:21:10] >> It basically breaks the life life cycle. [1:21:13] >> Yeah. [laughter] [1:21:14] I am not an expert in all of the [1:21:19] pesticides, but I've been doing as much [1:21:22] homework as I can. Um, and so both of [1:21:26] these products [1:21:29] um are labeled for use in schools and [1:21:32] other institutional buildings. They're [1:21:35] also [1:21:36] labeled for recreational areas, [1:21:39] outdoors. [1:21:41] They are labeled as safe to use around [1:21:46] animals. [1:21:47] Um, and they can be used inside of homes [1:21:51] and outside. Um, they are [1:21:55] California registered products, meaning [1:21:57] they're acceptable products to use in [1:21:59] California. [1:22:01] Um, [1:22:02] and the Alpine uh WSG stands for water [1:22:08] soluble granular. Um the alpine [1:22:12] insecticide is [1:22:17] um it has EPA granted reduce risk status [1:22:22] which means that [1:22:24] for certain [1:22:26] um [1:22:30] pest control options the EPA has found [1:22:33] that there's low risk to people applying [1:22:36] it [1:22:38] and occupying the treated building. Um, [1:22:43] it's also low risk to non-target [1:22:46] organisms and the environment, [1:22:50] but they've also determined that it [1:22:52] still has an effectiveness that may [1:22:55] reduce repeated applications [1:22:58] and help eliminate the issue. Um, [1:23:03] so we would do an initial application [1:23:05] and then we'd inspect within the first [1:23:09] week. Um, it would likely need to be [1:23:11] reapplied and then we would continue [1:23:14] inspection through there um to ensure [1:23:17] that the issue has been controlled. [1:23:22] So with that, staff recommends that the [1:23:25] town council authorize an exception to [1:23:28] chapter 8.52 of the Fairfax Town Code to [1:23:32] allow a licensed pest control operator [1:23:34] to apply and reapply as necessary a [1:23:38] California registered flea control [1:23:40] treatments beneath the temporary fire [1:23:42] station in accordance with all [1:23:44] applicable laws and product label [1:23:46] requirements until the infestation is [1:23:49] controlled. and I'm happy to answer any [1:23:52] questions. [1:23:55] » Thank you. And I just know that this [1:23:58] came out of left field for you and how [1:24:00] much time and attention it's required of [1:24:03] you on top of all the many many DPW [1:24:06] projects. So, I'm sorry and thank you. [1:24:10] Um any I know I have questions, but I'm [1:24:14] going to go down the line. Go ahead, [1:24:15] Council Member Blash. [1:24:17] >> Yeah. So, um I understand that this [1:24:19] would go under the building. It's an [1:24:21] enclosed space. Um I, you know, like [1:24:23] many pesticides, both of these have, I [1:24:25] think, acute toxicity to aquatic life [1:24:28] and um we're very near our creek. Um but [1:24:31] I think the concept is the the water is [1:24:33] not going under there, right? So, it's [1:24:34] not soaking into the uh watershed. Um [1:24:38] should we ever take down that building [1:24:39] or rebuild it? Is it does it remain? Do [1:24:42] you know if it this there's a life um of [1:24:45] that product that it eventually stops [1:24:47] being toxic or is it going to keep the [1:24:49] soil under there problematic for the [1:24:51] future? [1:24:58] » So I mean the treatments have to be [1:25:00] reapplied. [1:25:02] So that means that they can't have like [1:25:06] lingering long-term effects cuz if we do [1:25:08] it once, that doesn't mean that nothing [1:25:11] will ever get under the building or we [1:25:13] won't have other pests. Um so that it [1:25:16] seems like it dissipates after a certain [1:25:20] amount of time. [1:25:24] I I just have a couple clarifying [1:25:25] questions if that's okay. So [1:25:29] we've gotten the playground under [1:25:31] control. It's still essentially blocked [1:25:34] off, quarantined, [1:25:36] and you're checking it. You're wrecking [1:25:38] it regularly, and you're seeing that [1:25:40] it's it's working, and you might need to [1:25:44] do more steaming, but it's working thus [1:25:46] far, right? [1:25:48] I would say it's potentially under [1:25:51] control. I We saw a drastic change after [1:25:55] the first steaming. Um, but fleas do lay [1:25:58] a lot of eggs every day. [1:26:01] Um, so until we monitor for I would say [1:26:05] at least a week or two. [1:26:07] >> Yeah. Yeah. [1:26:10] >> This is what I'm kind of getting because [1:26:11] they I know they they so gross but we [1:26:15] have to get into it. So they they lay [1:26:18] eggs but they can't survive unless they [1:26:20] eat. [1:26:21] >> Correct. [1:26:22] >> And so we have the whole we have [1:26:24] everything we have it blocked off. And [1:26:27] so unless like some critters are [1:26:30] obviously can still get in there, right? [1:26:33] >> There are air vents to the crawl space. [1:26:37] Um and so generally what happens is when [1:26:40] a flea loses its host, so that would you [1:26:44] know be the raccoon living under the [1:26:45] building. [1:26:46] >> The fleas then move towards vibrations. [1:26:51] Um [1:26:54] » oh gosh, I want to say CO2. Um, and like [1:26:59] they move towards ventilated areas is [1:27:01] the gist of it. [1:27:02] >> Okay. But so the you've got the [1:27:05] playground, then you've got you've got [1:27:07] the deck, and then you have the [1:27:09] community center, [1:27:12] and you've you've [1:27:14] closed off any access to below the deck, [1:27:18] so nobody no critters can live or access [1:27:20] that anymore. And the concern is that [1:27:23] underneath there is and underneath the community center building is where [1:27:28] we have to treat, right? [1:27:30] >> Yes. [1:27:31] >> Okay. And but if they I mean by my [1:27:35] question is by just uh time just just by [1:27:40] quarantining [1:27:42] for a couple of weeks wouldn't would [1:27:44] that work just because they they don't [1:27:46] have they won't be able to access a [1:27:48] host. So generally once the host leaves [1:27:51] that's when the fleas really start [1:27:54] coming out to go search for food. So [1:27:57] they will [1:27:59] move towards out they will move out from [1:28:03] under the building and that is when they [1:28:06] are very likely to start finding the [1:28:09] fire personnel that are [1:28:11] >> okay. And there and there's no evidence [1:28:13] yet um like the firefighters haven't [1:28:15] seen any evidence yet. Is that true? [1:28:20] Not yet. [1:28:21] >> Um, [laughter] [1:28:23] but did you get some information today? [1:28:26] I I would say we need more information. [1:28:29] Okay. [1:28:30] >> Um, yeah. [1:28:31] >> Okay. Um, Mike, did you have a question? [1:28:34] >> Sure. Um, [1:28:36] did did we capture a raccoon and check [1:28:38] it for fleas? How do we know they came [1:28:40] from the raccoon? [1:28:41] I mean, we suspect um [1:28:46] the fire personnel living in the [1:28:48] building has seen multiple raccoons. [1:28:52] I mean, we know there's a lot of [1:28:53] raccoons in the area. This is not the [1:28:56] first time we've gotten them out of um [1:28:59] different buildings. Um, and [1:29:03] when we were [1:29:06] looking at some of the vents around the [1:29:09] building to try to make sure everything [1:29:11] was blocked off, there was a family of [1:29:14] raccoons staring at us [1:29:17] from right behind the building. Um, [1:29:21] we've also had other reports of other [1:29:23] people seeing raccoons in the area. [1:29:27] Yeah. So, I I I I sit on a nonprofit [1:29:31] board, Marin's Pesticide Free Zone, and [1:29:34] we use the Northwest Center for [1:29:36] Alternatives to pesticide zone, and we [1:29:38] use their their uh material safety data [1:29:41] sheets to determine whether or not the [1:29:44] pesticide that's being used uh would [1:29:48] have an adverse impact on people or [1:29:50] children. [1:29:52] Do do we know the actual name of that [1:29:54] pesticide that we could check the [1:29:55] material safety data sheet? [1:29:58] >> I did forget to print out the um the data sheets. I have um the like all [1:30:08] the label information. [1:30:12] >> Okay. So I [1:30:13] >> I can provide those. I do know the two [1:30:17] um [1:30:19] insecticides that we plan to use. That's [1:30:21] the Alpine WSG and then the Techco Pro. [1:30:27] >> Okay. I I went to the Northwest Center [1:30:30] for um for alternatives to pesticides [1:30:33] and uh they've got a whole a whole uh uh [1:30:37] section managing fleas without [1:30:39] pesticides. [1:30:41] Um so there there are some alternatives. [1:30:43] I'm I'm I'm wondering if we've really [1:30:46] used all tried everything else before [1:30:49] going to the pesticide. [1:30:51] >> Well, I tried everything that was [1:30:53] allowed by the ordinance. [1:30:56] Um, [1:30:59] and I needed help with [1:31:03] the infestation. So I called pest [1:31:07] control companies [1:31:10] and we went through different options [1:31:14] but this is what they recommend to [1:31:17] ensure that we eliminate the problem [1:31:20] efficiently and effectively [1:31:23] so that we don't put the fire station at [1:31:25] risk. [1:31:28] >> I have a question. [1:31:29] >> Go ahead, Mike. If we approve this [1:31:31] tonight, which I will be voting forward [1:31:34] to approving it, um how quick can you [1:31:37] get to the job? When will it start? [1:31:41] >> I was hoping to have an answer for that [1:31:44] by tonight. Um but the pest control [1:31:46] company um didn't get back to me today. [1:31:49] Um I asked if we could set up scheduling [1:31:52] for Thursday or Friday. Um [1:31:55] >> Okay. [1:31:56] >> But I I don't know for sure if it can [1:31:58] happen that yet. But quickly though. [1:32:00] >> Yes. [1:32:00] >> Thank you, [1:32:01] >> Council Member Kohler. [1:32:02] >> Yeah, I think it's more of a comment. [1:32:04] So, I had brought so I'm an [1:32:06] entomologist, have a master's degree in [1:32:08] entomology and formally trained in all [1:32:10] that. And what I brought up after I read [1:32:13] this was um so pesticides don't kill the [1:32:17] eggs. I'm not sure about steam cleaning [1:32:19] because that's a newer thing. It's been [1:32:23] several years, but I that's why I asked [1:32:26] that we be able to reapply because the [1:32:28] life cycle you don't kill the eggs and [1:32:31] the life cycle is usually within 10 [1:32:33] days. So, you got to go back and [1:32:35] probably reapply and because you have a [1:32:38] growth regulator, what that means is [1:32:40] they can't go through the stages of [1:32:43] life. But so, if we can get those eggs [1:32:46] as they first hatch. So that's why I had [1:32:49] asked that we make a change to the [1:32:51] resolution to allow us to reapply. And [1:32:54] while I'm not a fan of pesticides, I [1:32:57] think this is really important that we [1:32:59] get moving on this very quickly. And you [1:33:02] know, we don't want to have to move [1:33:04] those firefighters out and we need to [1:33:07] take care of this very quickly as well [1:33:09] as continuing the monitoring of the [1:33:12] actual children's area. Thank you. Thank [1:33:15] you for all your efforts here. Let's [1:33:17] open public comment. [1:33:29] » Hi Todd Greenberg. This building that [1:33:31] you're concerned about is in a flood [1:33:33] zone. The staff report identifies a [1:33:36] legitimate concern protecting [1:33:37] firefighters and keeping the temporary [1:33:39] fire station operational. It also [1:33:40] confirms that the town has already begun [1:33:43] non-pesticide measures, including [1:33:45] wildlife exclusion, boric acid, and [1:33:47] steam treatment, but the public has not [1:33:49] received adequate notice of the plan. [1:33:51] Now, before you, the original staff [1:33:53] report describes a one-time limited [1:33:56] exemption. The supplemental resolution [1:33:58] instead authorizes the town to apply and [1:34:00] reapply unspecified pestifi pesticide [1:34:04] treatments until tonight during this [1:34:06] meeting until the infestation is [1:34:08] considered controlled. That is a [1:34:11] material expansion and the public still [1:34:13] does not know the product active [1:34:14] ingredient application method, number of [1:34:17] treatment, safety precautions, [1:34:18] monitoring plan, expiration date or [1:34:20] definition of success. I ask the council [1:34:22] to take three clear actions tonight. [1:34:24] First, continue the item to a later [1:34:26] meeting rather than approving open-ended [1:34:28] authority through a lastm minute [1:34:30] supplement. Second, direct staff to [1:34:32] continue monitoring non-pesticide [1:34:34] measures including wildlife exclusion, [1:34:36] boric acid where permitted, steam [1:34:38] treatment, sanitation, removal or [1:34:40] replacement of affected material where [1:34:42] necessary, and repeated flea checks in [1:34:44] both the crawl space and the playground. [1:34:46] Because flea pupy can remain protected [1:34:48] and emerge later, monitoring over time [1:34:50] is essential before declaring these [1:34:52] measures unsuccessful. Third, require [1:34:54] any future pesticide proposal to [1:34:56] identify the exact product and active [1:34:59] ingredient. Provide the label and safety [1:35:01] information, limit treatment to a [1:35:02] defined area and number of applications, [1:35:05] establish an expiration date, require [1:35:07] marine county inspection, and define [1:35:09] measurable criteria for when the [1:35:11] infestation is controlled. Only after [1:35:13] that plan is publicly posted with [1:35:15] adequate advanced notice should the [1:35:16] council consider a pesticide exception [1:35:19] at a subsequent meeting. Please protect [1:35:21] firefighters and the public, but also [1:35:23] protect meaningful public participation [1:35:25] and the integrity of Fairfax's pesticide [1:35:28] ordinance. [1:35:37] » Next speaker, Deborah Benson, Catscape [1:35:39] Drive. Um, over a week ago, I emailed [1:35:42] town staff suggesting we try [1:35:45] dietimmacous earth, which is a proven [1:35:49] killer of fleas. It's a it's a non-toxic [1:35:53] um like a clay, a pulverized clay that [1:35:56] you can spread both outside and inside a [1:36:00] thin layer and when the fleas crawl on [1:36:02] it, it sucks the moisture out of them. [1:36:05] They crack and they die. So, I'm [1:36:07] wondering, [1:36:08] >> we used it. [1:36:09] >> Pardon? We used it. We applied it. Yes. [1:36:11] Oh, thank you. Yeah, it didn't work. [1:36:16] >> I can't answer that question. [1:36:21] » Thought you said we did use it. [1:36:23] >> We used brick acid. Um, dietmacous earth [1:36:28] >> from how I've been reading the ordinance [1:36:30] is not allowed. [1:36:31] >> Oh, okay. [1:36:33] >> My mistake. I understood we did use it. [1:36:36] It's clay. It's not. It has no [1:36:38] insecticide in it. I I'm not [1:36:41] understanding why it wouldn't be [1:36:42] allowed. Anyway, that's my suggestion [1:36:46] that we try that before we use [1:36:47] insecticides because it's proven both [1:36:49] inside and outside. If it's going to be [1:36:51] in the playground, it should be food [1:36:53] grade, but if it's underneath the uh [1:36:56] fire station, it could be the kind you [1:36:59] get from the hardware store, which is [1:37:01] less expensive. So, I'd like to see try [1:37:03] that. [1:37:05] Actually, [1:37:13] I was also going to speak about [1:37:15] dietmacious earth. Um, not sure that it [1:37:18] would work and I concur with staff's u [1:37:22] [gasps] [1:37:23] understanding that it might not work in [1:37:25] this circumstance getting under the [1:37:27] building, but it might work in other [1:37:28] circumstances such as if the [1:37:31] firefighters wanted to put it around the [1:37:33] baseboards in the building inside the [1:37:35] building to just prevent an infestation. [1:37:38] What dietmacious earth actually is is [1:37:40] it's not exactly clay. It's it's [1:37:43] actually like the white cliffs of Dover [1:37:46] are made of these microorganisms, [1:37:49] datoms that have a silica [1:37:52] skeleton as it were on this very [1:37:54] microscopic scale. And when that's [1:37:56] ground up, uh that makes these very [1:37:59] pointy little silica pieces which [1:38:03] mechanically pierce the adult insects [1:38:07] exoskeleton. only works on the adults [1:38:10] and maybe the larvae but not on the eggs [1:38:13] certainly. Anyway, I'm not suggesting [1:38:15] dietimmacous earth for this application [1:38:18] under the under the the uh uh building [1:38:23] but I would suggest [1:38:25] that and I'm [1:38:28] well I thought I had this on my phone [1:38:30] but I don't. Um, I have actually emailed [1:38:33] these suggestions that two specific [1:38:36] places in the ordinance that you might [1:38:39] consider in a future agenda item [1:38:42] modifying to allow dietmacious earth [1:38:45] because I would concur it doesn't seem [1:38:47] to allow it right now, but I think it [1:38:49] should. Um it the ordinance could say [1:38:52] that it uh it's directed not at [1:38:57] mechanical the things that have a [1:38:59] mechanical action but no chemical [1:39:01] action. That's one thing that could be [1:39:03] put in the ordinance and then in under [1:39:05] exceptions a specific exception for [1:39:08] dietenimatious earth. So I would [1:39:10] recommend on a future agenda item that [1:39:12] you take that up. Thanks. [1:39:17] » Hello. I also agree and it's for the [1:39:19] adult period. So when they're migrating [1:39:21] the diet dietmatous earth actually is a [1:39:25] good thing. It actually from breaking up [1:39:27] the silica it's like little knives that [1:39:29] cut their legs and it'll kill them. When [1:39:32] in the good old days when Linda and I [1:39:34] were in our little babysitting group and [1:39:36] dragging our dogs home, we employed uh [1:39:39] eucalyptus berries and eucalyptus oil. [1:39:42] That's another natural product. But the [1:39:44] reason I came up to speak is not to [1:39:47] discourage or encourage because I hope [1:39:49] that everybody's looking at this. But if [1:39:52] you allow an exemption, I would [1:39:54] encourage you to go back to our [1:39:55] ordinance and come up with a criteria of [1:39:58] why this is allowed. So it's a uniform [1:40:01] application for everybody and we don't [1:40:03] need to address this each time. So if we [1:40:05] have a serious infestation, our [1:40:08] ordinance should allow other options [1:40:10] that we can address and move forward. So [1:40:13] that way this could be our [1:40:15] [clears throat] kind of like test site [1:40:17] of how to modify something. So it [1:40:19] doesn't just give a blanket where people [1:40:22] can go forward and use pest sides, but [1:40:24] it gives us guard rails of how when [1:40:27] something might be necessary to go to a [1:40:30] better level. Thank you. [1:40:36] » Good good evening, council members, uh [1:40:39] town staff, and community members. My [1:40:41] name is Jake Peterson. I'm the acting [1:40:43] fire chief for the Ross Valley Fire [1:40:45] Department and I am here representing [1:40:47] all the members of the fire department. [1:40:49] Um I understand everyone's concerns [1:40:52] about using pesticides. I really do. I I [1:40:55] am concerned about it too, but my job [1:40:58] here is to protect the firefighters that [1:41:00] are living in that temporary quarters [1:41:02] and make sure that they are uh safe and [1:41:04] healthy and don't get bitten by fleas. [1:41:07] So that's why I'm here um [1:41:10] talking to everybody and um doing my own [1:41:14] bit of research. I feel like at this [1:41:16] point the pesticide use is the best way [1:41:19] to go down and to use to uh make sure [1:41:22] that this doesn't emphasize and get even [1:41:25] worse and make the problem worse. And so [1:41:28] that's I think where we're at. Um, I [1:41:30] look forward to uh working [1:41:32] collaboratively with the town. And I [1:41:34] will say I've been very lucky to work [1:41:37] with Kristen over the last year over the [1:41:41] rebuilding of the the town um fire [1:41:43] station and also the temporary quarters [1:41:45] and there was a lot of issues that came [1:41:47] up and we work really well as a team. So [1:41:50] I don't expect that to change and um [1:41:53] continue to make sure that the fleas get [1:41:56] out and all the firefighters are safe [1:41:58] and healthy. So, um, with that, [1:42:01] appreciate all your time. Thank you. And [1:42:04] I'll be, uh, retiring December. So, um, [1:42:07] this is probably my one and only council [1:42:10] meeting that I get to speak at. So, [1:42:12] thank you so much, everyone. [1:42:13] >> Thank you. Thanks for being here. [1:42:19] » Any hands raised? [1:42:20] >> We have one raised hand on Zoom. Cindy, [1:42:24] you are unmuted. You may now unmute [1:42:26] yourself. [1:42:27] >> Yes. Hi, Cindy Ross again. Thank you. [1:42:30] Um, I just wanted to say that I'm really [1:42:33] opposed to making exceptions to the [1:42:36] pesticide ordinance. Um, I understand [1:42:39] that we need to keep the fire uh crew [1:42:42] safe, but we also need to keep everybody [1:42:44] safe. And I I don't have enough [1:42:48] information right now about um the the [1:42:52] pesticides that are being proposed, but [1:42:54] it as as Lisel said, it's my [1:42:56] understanding that alpine WSG is very [1:42:59] toxic to aquatic life. It it also can be [1:43:03] harmful to pollinators. Um I read [1:43:06] something very briefly that ironically [1:43:08] said something about hazards during [1:43:10] firefighting. [1:43:12] Um, as far as Tech Pro, I don't know [1:43:15] anything about it, but I understand it doesn't address adult fleas either. I [1:43:21] would like to see if there is some way [1:43:23] to look back into using something like [1:43:26] dietmacious earth. Um, or I, you know, [1:43:30] I'm just putting this out there. I don't [1:43:32] know anything about it personally, but [1:43:34] it's my understanding that certain cat [1:43:36] flee medications can be used for [1:43:38] raccoons. [1:43:40] And I'm wondering if there might be some [1:43:42] way to maybe feed the raccoons, you [1:43:45] know, medication that would not be [1:43:47] harmful to them, that would help break [1:43:49] the cycle, you know, and and would cause [1:43:52] less toxicity overall. Um, so anyway, I [1:43:57] encourage you to find non-toxic, [1:43:58] non-pesticide solutions. Thank you. [1:44:02] >> Thank you. Next speaker. [1:44:03] >> There are no more speakers on Zoom. [1:44:05] >> Okay. Closing public comment on this [1:44:07] item. Thank you for all who shared and [1:44:11] to Kristen. Um, [1:44:14] any other comments before we entertain [1:44:18] a motion? [1:44:20] >> I would like to make a motion. First of [1:44:21] all, I want to thank everyone for [1:44:22] sharing your thoughts. Um, and I think [1:44:25] in the future maybe we look at this. [1:44:27] >> It looks like council member Blash has a [1:44:29] comment. [1:44:31] I just wanted to revisit the um, two [1:44:33] things. So, we're already using boric [1:44:35] acid. I've always been confused about [1:44:37] the difference between boric acid and [1:44:39] dietimmacous earth, but okay. Um, [1:44:43] so people are suggesting I just want to [1:44:45] put it out there. People are suggesting [1:44:46] dietimmacous earth. Um, and it's not [1:44:49] something that's allowed in our [1:44:50] pesticide ordinance, but it seems like [1:44:51] something that could be applied under an [1:44:53] exemption. But what are the pros and [1:44:55] cons of using dietimmacous earth? [1:45:02] The [1:45:04] it will not kill the eggs. um as long as [1:45:08] it stays dry. My understanding is it can [1:45:10] have effects on them once they hatch. Um [1:45:14] but it's a slow process [1:45:17] and it doesn't help guarantee that fleas [1:45:21] aren't going to get inside the building. [1:45:24] Um [1:45:27] the pros is that it is [1:45:30] a natural substance. [1:45:33] Well, I don't know if natural is the [1:45:35] right word, but [1:45:38] it's not classified as a pesticide or [1:45:41] insecticide. Um, [1:45:44] but it can be very dangerous to breathe [1:45:47] it in. Although, weirdly, you can eat [1:45:49] it. So, it's a strange product. Um, but [1:45:53] it is known to help control fleas [1:45:58] over time. Um, and so my my biggest [1:46:04] concern with asking for the exception to [1:46:07] use dietimmacous earth was that we would [1:46:10] still be waiting [1:46:13] weeks and just hoping that fleas weren't [1:46:16] going to get into the fire station. [1:46:19] >> Okay, so that was one question. Um, [1:46:21] boric acid apparently doesn't kill the [1:46:24] eggs and then we'd have sort of some of [1:46:26] the same issue, right? like we'd be [1:46:28] waiting for them to hatch and then [1:46:29] hoping that the boric acid would kill [1:46:30] them after they hatch and they could [1:46:31] still get in the building. And um I'm [1:46:33] assuming that's the case, right? That's [1:46:35] it's about the same issue. It's just a [1:46:37] different I know it's a different [1:46:38] mechanism of killing them, but it sounds [1:46:39] like it has the same slow [1:46:43] uh [1:46:44] >> Yeah. And there's very um mixed [1:46:47] consensus on if it actually is that [1:46:49] effective for fleas. Um [1:46:54] it will like dehydrate the larvae if [1:46:58] they come across it or [1:47:02] uh they actually they may have to eat [1:47:03] that one and then if they come across [1:47:06] the dietmacious earth that's more of [1:47:10] like a body contact. Okay. And then [1:47:14] Okay. So sorry my final thing just [1:47:15] because I'm listening to what people are [1:47:16] saying and also just really curious [1:47:18] about some of these things. um [1:47:21] this is in a flood zone. I think uh Mr. [1:47:23] Greenberg was right. I mean it sounds [1:47:25] like we think and I'd love more clarity [1:47:28] on this um that the effects dissipate [1:47:30] over time, right? So the effects of it [1:47:32] that's why you have to keep reapplying [1:47:33] it. And so my just my main concern is [1:47:36] that there not be some instance in which [1:47:39] um you know and maybe it's so little it [1:47:41] doesn't it's not going to be that big a [1:47:42] deal but you know where we have some [1:47:44] massive flooding like in an El Nino year [1:47:46] and it like washes this all out from [1:47:48] under the building and get puts it in [1:47:50] the creek. Um I don't know how concerned [1:47:52] to be about that. [1:47:55] >> I think with that amount of water it [1:47:58] would get [1:47:59] very diluted. I mean we would have I [1:48:02] think much bigger problems going on if [1:48:05] >> so I'm I'm ready to make a motion. I [1:48:07] just want to make a comment. [1:48:08] [clears throat] Dietimmacous earth as [1:48:10] you mentioned these very small [1:48:12] particullet which can get into the avi [1:48:15] of the lungs can be very dangerous for [1:48:18] humans. Boric acid can be dangerous for [1:48:20] pets. So if you use boric acid in your [1:48:23] home and you have cats or dogs it can be [1:48:26] very dangerous for them. So these [1:48:29] things, even though they sound natural [1:48:31] to us, they're not so natural and [1:48:34] arsenic is natural and can kill you. So [1:48:37] I would make a motion to say adopt a [1:48:39] resolution and the supplemental [1:48:41] resolution authorizing an exception to [1:48:44] the town's pesticide ordinance for [1:48:46] targeted flea treatment beneath the [1:48:48] temporary fire station. [1:48:53] » Second. [1:48:56] We have a [1:48:57] >> I'd like to make a comment. I I asked a [1:48:58] couple questions early on. I haven't [1:49:00] commented yet. Um [1:49:04] I work with groups and we do pesticide [1:49:06] litigation regularly. We've gone all the [1:49:09] way to the California Supreme Court and [1:49:11] the US Supreme Court on pesticides. So [1:49:13] I'm really concerned about our [1:49:15] firefighter safety. you know, they're constantly threatened with with [1:49:19] toxics from the clothing they wear for for for to try to wear clothing that [1:49:24] won't burn on them to to the plastics [1:49:27] where they enter a uh you enter a fire [1:49:29] area and and I'm not sure they really [1:49:32] want to spend a night in that fire in [1:49:34] that temporary fire house uh that's been [1:49:37] sprayed with some kind of a pesticide. [1:49:39] I' I'd rather seek an alternative. I'd [1:49:41] come back next I'd come back in a couple [1:49:43] days for another meeting if we can find [1:49:45] an alternative. Thank you. [1:49:48] >> We have a motion from Council Member [1:49:50] Kohler and a second from Council Member [1:49:53] Garangelli, Council Member Blash. [1:50:02] I actually can't make up my mind. Um, [1:50:05] can I pass? [laughter] [1:50:08] I think you abstain rather. [1:50:10] >> All right, I'm going to abstain. [1:50:12] >> Council member Garangelli, [1:50:13] >> yes. [1:50:14] >> Council member Kohler, [1:50:15] >> yes. [1:50:16] >> Vice Mayor Agger, [1:50:18] >> no. [1:50:18] >> Mayor Helman, [1:50:20] >> yes. [1:50:20] >> Motion carries. [1:50:22] >> Well, I thought we needed a super [1:50:23] majority. [1:50:26] » Excuse me. Yes, we do. Thank you for [1:50:29] correcting. [1:50:29] >> You're welcome. Um, that's [1:50:37] » I wasn't sure how you vote. How How did [1:50:39] Council Member Blash vote? [1:50:40] >> She abstained. I Well, I forgot about [1:50:43] the super majority thing. Um, so if [1:50:46] somebody abstains, then is it a super [1:50:48] majority of those who vote or you just [1:50:50] need a supermajority of the whole [1:50:51] council? [1:50:54] >> I super majority will be four [1:50:55] affirmative votes. [1:50:57] >> Okay. I'm I'm just a little I I don't [1:51:00] I'm still a little concerned about this [1:51:01] issue just because the firefighters have [1:51:03] asked. I mean, we can Can I change my [1:51:05] vote? Is it over? [1:51:06] >> The firemen are actually asking for it. [1:51:09] >> Yeah, you can change your vote if we [1:51:10] want to go through it again. Let's just [1:51:12] go through a new vote. [1:51:13] >> Okay. There'll be a new motion. [1:51:16] >> So, I make the motion to adopt the [1:51:19] supplemental resolution authorizing an [1:51:22] exception to the town's pesticide [1:51:24] ordinance for targeted flea treatment [1:51:27] beneath the temporary fire station. [1:51:31] Second. [1:51:31] >> Second. [1:51:34] >> We have a motion from Council Member [1:51:35] Kohler and a second from Council Member [1:51:37] Garen Gelli. Council member Blash. Okay. [1:51:40] I'm just going to say yes because the [1:51:41] firefighters did ask for it. Council [1:51:44] member Garenelli. [1:51:45] >> I'm going to say yes for that same [1:51:48] reason. [1:51:49] >> Council member Kohler. [1:51:50] >> Yes. [1:51:51] >> Vice Mayor Ager. [1:51:52] >> No. [1:51:53] >> Mayor Helman. [1:51:54] >> Yes. [1:51:56] >> Motion carries. [1:51:57] >> Thank you. [1:52:01] All right, moving along to item number [1:52:05] three. This is a micro grid concept [1:52:08] discussion. We will be receiving a [1:52:12] presentation on the municipal micro grid [1:52:17] project for the town of Fairfax [1:52:20] facilities and provide direction to [1:52:23] staff. There is a staff report and a [1:52:27] presentation that Bridget Whipler will [1:52:29] be providing. [1:53:08] Mayor, would you mind if we take a [1:53:11] twominut bio break while we resolve our [1:53:13] technical difficulties? [1:53:15] >> Sure. Thank you. [1:53:18] Okay, let's resume. [1:53:25] Okay, this is something I've been [1:53:27] looking forward to. And [1:53:30] Bridget, please take it away. [1:53:34] >> Thank you. Um, my name is Bridget [1:53:35] Whitler. I'm the climate action [1:53:37] coordinator for the town of Fairfax. [1:53:39] Happy to be here and thanks for closer [1:53:41] to the mic. [1:53:42] >> Of course. Is this better? Cool. [1:53:46] My name is Bridget Whitler. Happy to be [1:53:48] here. I'll be speaking about the [1:53:50] conceptual municipal micro grid con [1:53:53] concept today and to start just the [1:53:56] purpose of today's presentation is to [1:53:58] provide information on um solar battery [1:54:01] and micro grid systems for Fairfax and [1:54:04] what that would look like as well as [1:54:06] receive town council direction on how to [1:54:08] proceed. [1:54:09] topics that we'll discuss today are how [1:54:13] Fairfax can have resilient buildings, um [1:54:15] what we might do to get there, as well [1:54:18] as current the current state of our [1:54:20] solar infrastructure and how state laws [1:54:23] change solar incentives for batteries as [1:54:26] well as um what conceptual micro grids [1:54:30] would look like and next steps. [1:54:33] So, a question of why would we want to [1:54:36] have resilient town buildings? Why are [1:54:38] we having this conversation? Um, so the [1:54:41] town has experienced many outages. Uh, [1:54:44] for example, between 2021 and 2024, [1:54:47] there were 13 outages for an average of [1:54:51] 3 and 1/2 hours. And what that would [1:54:53] mean for the town would be meetings like [1:54:56] this canled due to those outages. uh [1:55:00] staff in the courtyard and without safe [1:55:04] working conditions, [1:55:06] police department EV chargers unusable [1:55:10] uh and other conditions related to [1:55:14] outages. [1:55:16] Benefits of resilience during those [1:55:20] outages as well as other extreme weather [1:55:23] events would be ensuring safety and [1:55:25] comfort for staff and residents as well [1:55:28] as reducing repair costs and making sure [1:55:31] that staff are able to work during those [1:55:33] outages and um providing support for the [1:55:37] community through resources and uh [1:55:40] spaces like the pavilion. Uh and and I [1:55:44] know that the town has done this um but [1:55:46] provide power during outages so people [1:55:48] can come and charge their phone um or [1:55:51] other necessities. [1:55:55] So how might we make our buildings more [1:55:57] functional uh and also reduce energy [1:55:59] costs while we're at it? [1:56:02] And just to make sure that everyone's on [1:56:04] the same page, uh because a lot of these [1:56:06] are words that might not come up in [1:56:09] every day is that a micro grid is one or [1:56:12] more solar systems. So we have solar [1:56:15] panels on our pavilion right now and [1:56:17] that would be more similar to a solar [1:56:19] and uh a solar and battery system. We [1:56:21] don't have a battery. But a one:one [1:56:23] system is more like solar battery. But a [1:56:25] micro grid system is just one or more [1:56:28] solar panel systems connected to [1:56:30] multiple buildings. [1:56:32] And I'll be talking about net energy [1:56:35] metering. And what that means is is a [1:56:39] contract with a utility, in this case [1:56:40] PG& regarding how they bill us for the [1:56:43] energy that we both produce and consume. [1:56:47] And when I say resilience, I mostly just [1:56:50] mean reliability um and dependability [1:56:53] during disruption. [1:56:55] So our current system, we are under net [1:56:58] energy metering one and we are in this [1:57:02] contract because we have solar panels. [1:57:03] They were installed in 2009. Um and when [1:57:08] we produce solar for our town buildings, [1:57:11] we also produce a little excess. And [1:57:14] when we aren't using all of that power, [1:57:18] the grid and PG& buys that power from us [1:57:21] at 47 around 47 cents per kilowatt [1:57:24] hours. Uh and so that turns into revenue [1:57:27] for the town that we then don't pay for [1:57:30] the energy. Uh so it's a great savings [1:57:34] and incentive tool for solar [1:57:38] as well as and so currently some of our [1:57:40] town buildings, our town hall and police [1:57:42] as well as our fire station have backup [1:57:44] generators uh which serve as a great [1:57:47] tool during um outages. [1:57:50] But [1:57:51] when those fail, they are very [1:57:53] expensive. Um and having different types [1:57:57] of backup is a is a form of resilience. [1:58:01] So, what's going to change is that come [1:58:04] next year, our net energy metering is [1:58:07] going to change to I'll I'm going to say [1:58:10] NEM 3 and I'll direct your focus to the [1:58:15] bottom left of this slide. And so our [1:58:17] solar panels regardless of what we end [1:58:20] up doing either add or adding not adding [1:58:24] whatever we do we will our contract will [1:58:27] ex our ne one contract will expire. And [1:58:30] what that means is that this new [1:58:32] contract nema 3 will reduce the profit [1:58:36] that we make on the energy sold back to [1:58:38] the grid by tfold or reducing it by [1:58:43] 10fold. So instead of around 50 cents [1:58:45] per kilowatt hours we we will be making [1:58:48] 5 cents around 5 cents per kilowatt [1:58:50] hours. Uh and so the energy that we are [1:58:53] not using will be [1:58:58] more or less wasted and the revenue that [1:59:01] we were making will be lost um under [1:59:05] this new contract. And so what that is [1:59:07] incentivizing is for us to be able to [1:59:10] store the energy that we make so we it [1:59:12] doesn't get um kind of lost back to the [1:59:14] grid because we're not making any [1:59:16] revenue from putting it back into the [1:59:19] grid. [1:59:22] This is just a summary of what I was [1:59:25] explaining. Under NEM1, [1:59:28] our excess solar is allowed to be sold [1:59:31] back to the grid at full retail rates. [1:59:34] And that's 20 years ago. This contract was made to in incentivize [1:59:40] solar, but now California has a lot of [1:59:42] solar. We are very used to it. And so [1:59:44] what they're trying to do is incentivize [1:59:46] batteries with this new um NEM3 [1:59:48] contract. And this so this favors [1:59:51] battery so that you can consume the the [1:59:54] energy that you use. [1:59:58] So a potential micro grid would look [2:00:02] like [2:00:04] solar panels on roof and [2:00:07] less reliance on grid and generators and [2:00:11] more battery storage so that we are [2:00:13] using the energy that we make um and [2:00:16] being able to save money on the energy [2:00:19] that we would be buying um late at [2:00:22] night. uh that is usually at a higher [2:00:25] cost because energy during the daytime [2:00:27] is much more prolific and much um at a [2:00:31] lower cost. [2:00:34] And in this situation, because we have [2:00:38] solar um charged batteries, if there was [2:00:42] an outage, uh we would not have to rely [2:00:46] on our generators. We could still have [2:00:47] them there if needed. Um but we wouldn't [2:00:51] be paying um for this extra solar and we [2:00:54] would also have more energy during those [2:00:57] outages to cover a lot of the resources [2:00:59] that I mentioned earlier. [2:01:04] So, this new this potential system with [2:01:08] batteries and updated solar comes at a [2:01:12] good time because our pavilion roof [2:01:14] needs replacing and our pavilion roof [2:01:17] has these uh almost 20-year-old solar [2:01:20] panels. Uh and while replacing the roof, [2:01:23] it would be a convenient time to also [2:01:26] update those panels. Um because [2:01:30] in the span of 20 years, solar [2:01:32] technology has greatly uh improved and [2:01:35] we can produce a lot more energy on the [2:01:39] space of the pavilion, if not space on [2:01:42] whatever roof we could decide that works [2:01:44] well for Fairfax. Um and produces much [2:01:48] more energy than we are right now. And [2:01:51] like I said, under NEM3, we would save a [2:01:53] lot more money by using the the the [2:01:56] energy that we [2:01:59] uh create. And um while adding these [2:02:05] batteries, they could provide backup [2:02:08] power for our police department vehicles [2:02:10] and future police um or public work [2:02:13] vehicles at cost effective um prices. [2:02:21] And there are many precedents that [2:02:25] support no upfront town capital options [2:02:29] for [2:02:31] providers that could support us in this [2:02:34] project. So there are options that have [2:02:37] third-party providers financing projects [2:02:40] upfront and maintaining the [2:02:42] infrastructure [2:02:44] until we until the town owns it over [2:02:47] time. Um, and different models have [2:02:51] different timelines for how much the [2:02:54] town would owe or and over what amount [2:02:56] of time. Um, but it would relieve the [2:03:01] town of that upfront cost. um and help [2:03:05] the town have a little bit of safety for [2:03:10] any technical risk with technology of [2:03:13] either the battery [2:03:16] um and would yeah have some more [2:03:19] flexibility there [2:03:22] and like I said reduce utility costs [2:03:25] offset um payments to provider which [2:03:27] would mean savings over time as well as [2:03:30] we wouldn't have to pay for expensive of [2:03:33] nighttime energy because we would [2:03:35] produce solar powered energy during the [2:03:38] day. [2:03:41] So, a quick summary and um our town [2:03:45] services are affected by outages. Our [2:03:47] public meetings um are affected by [2:03:49] outages. Residents need reliable places [2:03:51] for shelter, energy, and resources. [2:03:55] Um currently we don't ha these projects [2:03:59] cost money and um we don't have the [2:04:02] current upfront finances for that. Uh [2:04:05] and with NE3 our energy bills will [2:04:08] increase um because [2:04:12] the drastic reduction of the revenue [2:04:15] that we that we make through our solar [2:04:17] energy uh incentivizes us to capture [2:04:20] that energy to be able to use that [2:04:22] another time. um whether that's at [2:04:25] nighttime or during these outages. And [2:04:27] we cannot access certain incentives for [2:04:31] batteries or updated solar um that third [2:04:34] party providers can access um to make it [2:04:37] an even more cost-effective project. [2:04:42] And currently infrastructure needs like [2:04:44] the pivilian roof, updating our [2:04:46] electrical panels because we are hoping [2:04:48] to electrify more of our fleet um as [2:04:52] well as old solar panels all kind of [2:04:55] combine for a potential holistic [2:04:58] solution. [2:05:00] And a summary a summary of town benefits [2:05:04] include reliable town services [2:05:07] operationable operational during outages [2:05:09] as well as potential community centers [2:05:12] when the grid goes down. Um like I said [2:05:15] no upfront potential no upfront capital [2:05:17] costs um when a third party provider [2:05:21] funds the project. Um and they can [2:05:23] access those tax incentives. Um [2:05:27] this also third party provider would [2:05:29] maintain until the town ownership and um [2:05:32] long-term utility costs would would [2:05:35] ultimately be lowered uh and avoiding [2:05:37] that nighttime power like I said. And [2:05:41] just to summarize, uh this timing [2:05:46] co uh collides with pavilion roof [2:05:48] replacement, avoiding another retrofit [2:05:50] if we choose to update our solar at a [2:05:52] different time. Uh as well as updating [2:05:54] our electric and uh fleet. And if we [2:05:58] were to update our solar panels, they [2:06:00] would be much more efficient um at [2:06:03] producing power. So what we need from [2:06:06] you today is that staff recommend uh or [2:06:09] that council direct staff to continue [2:06:11] pursuing a micro grid solution and what [2:06:14] that would look like is to continue [2:06:16] research of what these mic technologies [2:06:19] uh might look like specifically for [2:06:20] Fairfax as well as those financing [2:06:22] options that I mentioned um and issue an [2:06:26] RFP, RFQ or IFI depending on what staff [2:06:30] determine is the best way forward and we [2:06:33] would return to council with a proposal. [2:06:36] And so what those private partners will [2:06:37] do is develop technical and financial [2:06:39] proposals, uh present financing options [2:06:42] that minimize municipal financial risk [2:06:44] and quantify expected energy savings, [2:06:47] resilience benefits, and life cycle [2:06:49] costs. We will then present those [2:06:51] proposals um to you all. [2:06:54] And that's all I have um and obviously [2:06:57] here to answer any questions you have. [2:07:00] >> Great. Thank you, Bridget. I have some [2:07:03] questions and comments, but go ahead [2:07:04] Barbara Culler. [2:07:07] >> Thank you, Stephanie Helman. [2:07:11] Um, just thank you, Bridget. That was [2:07:13] really good. And thanks to folks like [2:07:15] Bruce who've been working on this with [2:07:17] you and others and Kristen. Um, just a [2:07:21] couple of questions on the upfront [2:07:23] financing. So, I understand the idea of [2:07:26] a third-party provider [2:07:29] um paying for potentially solar. Um I [2:07:33] don't understand a third party provider [2:07:36] being willing to change the roof on the [2:07:38] pavilion, which is quite expensive. [2:07:41] And I just want to ask you if that's [2:07:44] been discussed, but the second part is [2:07:46] one thing I didn't understand is how [2:07:49] does the payback work over time? Is it I [2:07:53] mean I realize a lot of this is [2:07:56] continuing to research and all that but [2:07:58] is there sort of a what you've seen of [2:08:01] how the payback works is do we pay on a [2:08:05] monthly basis a yearly basis until [2:08:07] eventually we pay it off. So two [2:08:10] questions for you. Thank you Bridget. [2:08:12] >> Yeah. So your first question was about [2:08:14] who would want to even touch the roof [2:08:16] and pay for that because that's [2:08:17] expensive. Um, and there are, and that's [2:08:19] what we also had questions of, um, but [2:08:23] there are certain, um, thirdparty [2:08:26] providers out there that are willing to [2:08:28] include, [2:08:30] um, [2:08:32] aspects of in uh, infrastructure updates [2:08:35] in order to apply more solar and [2:08:38] battery. And so their [2:08:42] initial interest in working with um [2:08:45] towns or whoever they're working with is [2:08:48] to update um solar and battery. And when [2:08:52] clients need certain other [2:08:54] infrastructure updates, they are willing [2:08:56] to help cover those costs as well. Um [2:09:00] not all but some 30 third party [2:09:03] providers. [2:09:04] >> Okay. And then um I have a question for [2:09:06] Kristen and then I'll ask you the second [2:09:09] question I asked which is you know with [2:09:12] an old building it's like one of those [2:09:14] things where you get into change an [2:09:17] electrical outlet and all of a sudden [2:09:18] you're redoing electricity. [2:09:21] Is there a fear of the same kind of [2:09:24] thing with the roof? Let let's say we do [2:09:27] get a third party provider who's willing [2:09:30] to pay for upfront the roof which is a [2:09:33] lot of money 800,000 maybe more. Um I [2:09:36] don't know I remember it was a lot but [2:09:40] anyway and then the solar but is there a [2:09:43] fear that once you get into the roof [2:09:45] you're getting into other things that [2:09:48] weren't anticipated? Do you see that [2:09:51] with the pavilion or is it simple that [2:09:54] once you take the roof off you just [2:09:56] replace the roof? [2:09:59] >> There's a risk that they could find more [2:10:01] rot than expected. Usually how you [2:10:04] combat that is by having I mean one [2:10:08] planning for a certain amount of rot and [2:10:10] then having contingency in the project. [2:10:13] >> Okay. [2:10:13] >> To [2:10:14] >> All right. In going back to my second [2:10:16] question for Bridget, how is how does [2:10:20] just the companies that you've talked [2:10:21] to, how does the payback work? Is it [2:10:24] like for 20 years? Is it like a [2:10:26] mortgage? How does that work? [2:10:28] >> Yeah. So it it can be explained [2:10:30] similarly to on bill financing which we [2:10:32] were doing for solar where we would pay [2:10:35] slowly over time um depending on the [2:10:39] model whether that's monthly or annually [2:10:42] but we would pay the amount that we were [2:10:45] saving um to pay off for the solar um [2:10:48] like that's a similar system as some [2:10:52] would do so slowly over time um and [2:10:55] that's how just a few years ago we are [2:10:57] fully owners of the solar now. Um, and [2:11:00] so we didn't pay for that solar upfront. [2:11:02] We did it slowly over time through the [2:11:05] savings um, or like back through to P [2:11:09] Gen of what we were saving. And so there [2:11:12] are multiple financial models. Some are [2:11:16] called energy as a service. Um, and so [2:11:19] what that would mean is that we generate [2:11:21] around $25,000 [2:11:23] per year of energy. um or and that's [2:11:28] what we make the revenue that I was [2:11:30] talking about for 477 cents on the um [2:11:34] the kilowatt hour and [2:11:37] what third party providers would ask is [2:11:40] that what we are generating um [2:11:45] we would then pay a small small amount [2:11:50] for their like slowly over time pay [2:11:55] the like battery um and solar costs [2:12:01] through those savings. Um so instead of [2:12:04] them going to PG& they would go to the [2:12:07] third party provider um because we would [2:12:11] have paid PG& for our utility um bills [2:12:15] but [clears throat] then they then [2:12:16] instead go to third party. Yeah. [2:12:18] >> Does that make sense? [2:12:19] >> Yeah. I mean I think some of the details [2:12:21] have to be worked out but thank you for [2:12:23] that explanation. appreciate it. [2:12:25] >> Yeah, [2:12:27] >> great mic. [2:12:28] >> Oh, thank you. Um, as always, a great [2:12:31] presentation. So, appreciate that. Um, [2:12:36] I would imagine [2:12:38] Barbara Kohler mentioned [2:12:41] that the um the roof replacement, right? [2:12:45] But I imagine that you're replacing lots [2:12:48] of things, electrical to handle this [2:12:50] micro grid. I would just imagine [2:12:52] everything has to be redone in my mind. [2:12:55] But either way, it doesn't matter to me [2:12:56] right now. [2:12:57] >> I will be voting or recommending to [2:13:01] along with the I'm sure the rest of the [2:13:04] uh council that we keep pushing forward [2:13:06] and see what else we can learn. [2:13:09] >> Thank you. [2:13:09] >> I appreciate that. [2:13:12] >> Any other This is This is questions. [2:13:14] >> Question questions. Sure. Yeah. Uh I'm [2:13:16] trying to figure out how old that roof [2:13:17] is. [2:13:19] it Is it 17 years old? Do we know? [2:13:24] >> I don't have the answer to that right [2:13:25] now. I think we could look back into the [2:13:27] facility condition assessment and get [2:13:30] that information out. [2:13:32] >> We recently replaced the roof is $42,000 [2:13:34] for a house. [2:13:36] Do don't we have an estimate for the for [2:13:39] cost to replace that roof? We we did [2:13:42] have a rough estimate and it's in the [2:13:44] hundreds of thousands of dollars and um [2:13:47] uh council member Kler remembered about [2:13:50] 800,000. That's a number that I remember [2:13:53] as well. Um it it may be that may be a [2:13:56] little high um because the building is, [2:14:00] you know, needs a lot of work, but um [2:14:03] it's a significant roofing job. [2:14:07] Um, is this will this be a Tesla battery [2:14:10] program? Uh, [2:14:12] >> uh, it would depend on what proposals we [2:14:15] receive. I would I would assume that [2:14:17] different um different providers might [2:14:21] recommend different types of batteries. [2:14:23] So, I think that could be an option that [2:14:24] we receive, but there's also non-thium [2:14:27] and solid state batteries or lithium [2:14:29] batteries. So, it would really depend on [2:14:32] um what proposals we we receive. Yeah. [2:14:36] So, at what point would it be that [2:14:39] I'm just concerned that if we've got a [2:14:42] huge bill to replace that roof, I don't [2:14:44] know what where the funds are going to [2:14:46] come from. And I mean, I'm I'm [2:14:48] supportive of the program, but but [2:14:51] three months from now, I don't want to [2:14:53] find out we're going to put out [2:14:56] a half a million dollars on a new roof. [2:14:59] If I if I may just jump in. Um the [2:15:02] concept here is that we um continue [2:15:06] exploring this option and that um the [2:15:10] hope is that the cost of replacing the [2:15:13] roof would come under this program so [2:15:16] that we would not as the town have to [2:15:19] put a capital out immediately for that. [2:15:22] we would use the savings to pay off the [2:15:26] um the capital of the roof which is [2:15:29] needed in order to support new solar. In [2:15:33] other words, [2:15:35] it would be a crit if I don't really [2:15:37] understand the difference between an RFP [2:15:38] and RFQ and RFI, but I know what an RFP [2:15:41] is. So, in other words, that would be [2:15:42] the criteria that would be within the [2:15:45] criteria that you send out to to bid [2:15:47] essentially. [2:15:49] >> Yes. that there's no capital outlay from [2:15:51] the town. [2:15:52] >> Yes, that would be a criteria. And we [2:15:55] could also to um answer an another part [2:15:59] of your question, Vice Mayor Edgar, is [2:16:01] um it's potential that we could specify [2:16:06] a type a class of battery if we have a [2:16:10] preference. For example, if we are [2:16:12] concerned about um fire risk in a [2:16:16] certain like lithium ion battery as an [2:16:18] example, [2:16:20] Fairfax sold bonds on some of our [2:16:22] buildings to to do some refinancing. Was [2:16:25] the pavilion one of the buildings that [2:16:27] was bonds were sold on put up for [2:16:29] collateral. [2:16:33] That was for the refi of we we did some [2:16:37] when we refied the pension obligations, [2:16:40] we did use some collateral of certain [2:16:43] town buildings. [2:16:45] That's my recollection. [2:16:46] >> Okay. Um I'd be happy to check with our [2:16:49] finance that was before you about that. [2:16:51] I mean that is in fact the the purpose [2:16:54] of this discussion is really to just um [2:16:57] do you want us to continue [2:17:00] spending effort to move forward? [2:17:02] >> I'm concerned if if if if if we've [2:17:04] already bond bonded the value of the [2:17:08] building or are we going to be able to [2:17:12] take in effect take a loan to replace [2:17:14] the roof on that building that's that we [2:17:16] don't own really. [2:17:18] >> We can explore that. That's a good [2:17:20] question. [2:17:20] >> Yeah. I I understand. [2:17:22] >> Um, Bridget, I have a question. So, [2:17:24] because one thing I learned and I've [2:17:26] been digging into this quite a bit. So, [2:17:28] from what you presented, if we do [2:17:31] nothing, so NEM1's moving to NEM3, no [2:17:34] matter what, we're going to lose [2:17:37] revenue. [2:17:40] And so it really creates the [2:17:42] circumstances for doing something and [2:17:45] becoming more obviously resilient, but [2:17:48] also financially resilient, too, because [2:17:50] we're going to have to we we're not [2:17:51] going to have it. We're not going to be [2:17:53] making as much money. It's obviously not [2:17:54] a huge revenue stream, but it will be [2:17:57] more expensive for us if we do nothing. [2:17:59] Is that correct? [2:18:00] >> That's correct. [2:18:02] >> Okay. [2:18:02] >> Mhm. [2:18:03] >> Okay, that's helpful. Thank you. Um [2:18:09] I'm just looking at my notes and then is [2:18:11] there in scope for this or is this [2:18:14] something that you're exploring as far [2:18:15] as EV chargers? [2:18:18] So like I said how the roof [2:18:22] infrastructure would be an incentive for [2:18:24] third party prov or incentivize for [2:18:27] third party providers to also cover the [2:18:30] cost of that. Um, some providers have [2:18:33] said that they could cover the cost of [2:18:35] some EV chargers as well as battery um, [2:18:39] and updated solar in order to help us do [2:18:43] that. Um, [2:18:45] and because we are hoping to update our [2:18:50] or we are hoping to electrify more [2:18:53] vehicles of our fleet. Um, we do need to [2:18:56] look at our electric capacity. Um, and [2:19:00] being able to plan for [2:19:02] all of these things at once is helpful [2:19:05] rather than updating our electricity [2:19:07] panel [2:19:08] >> peace meal. Yeah. [2:19:09] >> Yeah. Two different times. So, [2:19:10] >> yeah. To have a holistic plan related to [2:19:13] that. [2:19:13] >> And there's options for certain types of [2:19:16] batteries to be birectional. um where [2:19:21] electric vehicles can be charged um by [2:19:25] those batteries and vice versa. [2:19:28] >> Amazing. Okay. Sorry, Council Member [2:19:30] Blash. [2:19:31] >> It's okay. Um so I mean I seeing San and [2:19:34] Selma put up solar has put up solar [2:19:36] panels above their parking area. Um is [2:19:38] that a do they technically have a micro [2:19:41] grid or are they still in process? Yeah, [2:19:44] because that um and like I said, the [2:19:47] vocabulary can get muddled. So, they're [2:19:49] calling that a resilience hub. Um, and [2:19:52] it's it's just kind of a matter of [2:19:53] branding sometimes. So, that those solar [2:19:57] panels are directly powered to just the [2:19:59] town hall. So, I would define that more [2:20:02] as just like a solar and battery [2:20:04] project. Um but it's a similar concept [2:20:07] uh that they are adding solar and [2:20:09] battery that power um a town building [2:20:12] >> and are they using like a vendor that is [2:20:14] paying for the installation of those um [2:20:20] panels above the parking lot? the their [2:20:24] model they used um a company called [2:20:27] Gridscape and their financial um [2:20:33] planning I think looks a little bit [2:20:34] different where it was a little bit more [2:20:36] of an upfront cost to the town but that [2:20:38] was just how they wanted to um do the [2:20:41] project. they wanted to m they wanted to [2:20:44] own the infrastructure right away um as [2:20:48] opposed to not owning it right away but [2:20:51] being able to pay it off over time. [2:20:53] >> Okay. Because that's it's really [2:20:54] interesting the different ways that we [2:20:55] could implement and um and I guess you [2:20:58] if we say go ahead you'll go ahead and [2:21:00] research the different ways we could [2:21:01] implement. Um the other question I had [2:21:03] is about the batteries. Um you know I [2:21:06] know people are like some people are [2:21:07] really worried about different types of [2:21:08] batteries being flammable. you know, I [2:21:09] have a little concern just cuz they'd go [2:21:11] into into this big wood building. Um, [2:21:15] and it seems like Graange halls are [2:21:16] infamous for burning down. Anyway, [2:21:18] there's an area where the batteries I [2:21:20] think we were thought to go, which is [2:21:22] maybe the uh lower [2:21:24] right corner of the building, and I'm [2:21:27] just wondering, is there part of this [2:21:28] deal? Is there something should rebuild [2:21:30] the area where the batteries are stored [2:21:31] because um, you know, it's kind of ratty [2:21:34] right now? Right now we can include in [2:21:37] any criteria um that the location of the [2:21:40] batteries are in a preferable place [2:21:43] whatever we determine that is um [2:21:48] but I I don't know. Um it would I think [2:21:50] it would just need more research and we [2:21:52] could certainly put that as criteria of [2:21:54] whatever we end up preferring. [2:21:56] >> Yeah. Because it just seems like if we [2:21:58] have this lovely new roof and a lovely [2:22:00] new solar system, we want to make sure [2:22:01] that the batteries that they feed into [2:22:03] are also somewhere that's safe. Totally. [2:22:05] >> Yeah. Okay. [2:22:09] » All right. Let's move to public comment [2:22:10] on this. [2:22:20] » Um, thank you, Bridget. And uh I just [2:22:23] wanted to first profoundly thank staff [2:22:27] uh for a lot of work in investigating [2:22:31] this opportunity and to council for [2:22:34] directing that investigation to begin. [2:22:37] Um I just wanted to say and this might [2:22:41] help to address uh council member [2:22:43] Coler's questions that there are I see [2:22:46] there on the larger level as being two [2:22:49] reasons why this kind of opportunity is [2:22:52] before us at this point. First of all [2:22:54] our actual infrastructure here u a lot [2:22:58] of the work is already done. Uh, [2:23:01] amazingly enough, this is kind of where [2:23:03] this concept came from years ago was [2:23:05] realizing thanks to a prior council uh [2:23:10] deciding to install solar on the [2:23:12] pavilion that involve bringing [2:23:14] underground wiring and conduit down to [2:23:17] two other buildings, the fire station [2:23:19] and the police and town hall. So, that's [2:23:22] all done. and then a public works [2:23:25] director at that time, I believe it was [2:23:27] Kathy Wilkkey, uh brought conduit all [2:23:31] the way from the fire station through [2:23:34] the community center and to this [2:23:35] building. It comes right back there to [2:23:37] that corner. Uh John Tierney showed me [2:23:40] that uh that is an amazing piece of [2:23:45] infrastructure because if we thought [2:23:47] about bringing underground wiring [2:23:49] through the entire campus now with all [2:23:51] the redwoods, we wouldn't be talking [2:23:54] about this. So that's the first amazing [2:23:56] opportunity. The second one is that u [2:23:59] the future that was envisioned by Kathy [2:24:02] Wilkey, I believe it was, is now here. [2:24:05] Uh the the industry has obviously gone [2:24:09] through incredible [2:24:11] growth and changes in the last 20 years [2:24:14] and uh we now it now we have reached a [2:24:18] point at which it's a reasonable [2:24:21] business model for a business to answer [2:24:25] our request and be able to put something [2:24:27] like this together. [2:24:28] >> I'm going to let you continue because [2:24:31] you are technically part of the the team [2:24:34] working on this. It's helpful. Um, so [2:24:36] yeah, I think that we it's now possible [2:24:40] and you you know that there's solar on [2:24:44] many many many many California houses [2:24:46] roofs and a lot of that was done through [2:24:49] a similar business model on a smaller [2:24:51] scale. Sunun was one of the companies [2:24:53] that would put solar on your roof and it [2:24:57] wouldn't cost you anything but they [2:24:59] actually owned the array and they shared [2:25:02] in the savings with you. That was their [2:25:03] business model. One little issue with [2:25:06] that business model was they continue to [2:25:08] own the array forever. And some people [2:25:11] that I know are a little that turns into [2:25:14] a little bit of a problem that they have [2:25:15] this array that is on their roof that [2:25:18] they don't own. This would be what we [2:25:20] would certainly specify as a business [2:25:22] model in which we after we paid it off, [2:25:25] we would complete ownership of it. Um, [2:25:29] so I'll leave it at that and just uh ask [2:25:33] that council [2:25:35] uh direct staff to continue pursuing [2:25:37] this and and uh find vendors and bring some detail back. Thank you. [2:25:44] >> Thank you. [2:25:47] >> Um, a few points in the last one that [2:25:48] Bruce just brought up is a very valid [2:25:51] point. Um, I also know people that when [2:25:53] they have sold their home, they had a [2:25:55] pre-existing contract and there's a lot [2:25:57] of debate and it costs money. So, I [2:25:59] think it'd be prudent for the town once [2:26:01] these panels go up to actually make sure [2:26:04] that we have a shorter buyout period [2:26:06] that we own them so we have the right to [2:26:08] change, alter go in a different [2:26:10] direction. Um, one, I think that micro [2:26:13] grids for all towns I hope are the [2:26:16] future because they're more efficient. [2:26:18] you don't lose so much heat and energy [2:26:20] in long uh transfer lines. [2:26:24] But what I would encourage at the same [2:26:26] time, [2:26:28] the employment of sulfuric acid or [2:26:32] lithium batteries, these are tremendous [2:26:34] fire hazards that we don't need. There [2:26:37] are many patents right now into [2:26:39] interstitial space of crystals such as [2:26:42] garnets and um what is it? [2:26:47] Um, [2:26:49] the engineering department of Maryland [2:26:51] back in Baltimore is run by a person [2:26:54] from Samurfel, California, Dr. Eric [2:26:57] Waxman. He currently holds patents in [2:27:00] the interstitial space of garnet [2:27:02] crystals that have a faster degregation [2:27:05] and a faster recharge rate. So this [2:27:08] might be an opportunity of partnering or [2:27:10] pairing that he'd like to see these type [2:27:13] of patents employed which are more fire [2:27:15] resilient. They're safer. They're [2:27:17] smaller and they don't generate that [2:27:19] same heat. So if we're going to make [2:27:21] this correct move to the future and look [2:27:24] at a micro grid, this might be an [2:27:26] opportunity that we don't have to spend [2:27:28] extra money and we can set an example. [2:27:30] Thank you. [2:27:32] >> Thank you. Next speaker. [2:27:36] Good evening. Thank you, Bruce. And [2:27:39] wonderful presentation, Bridget. Um, [2:27:42] you know, one of the things that I [2:27:43] thought about during this presentation [2:27:44] was [2:27:46] the idea of calling it a resilient hub [2:27:49] over in in Sanelmo. It it would be [2:27:51] great, of course, the way that this is [2:27:53] presented moving forward for Fairfax. [2:27:55] Uh, should it pass the infrastructure [2:27:58] issues that we saw at the last couple of [2:28:00] meetings with that building altogether. [2:28:02] Uh but what I thought about was you know [2:28:05] maybe one of the ways which Fairfax can [2:28:07] look at this is through uh calling it [2:28:10] something else like over in Sano called [2:28:12] resiliency hub. Maybe it's can be growth [2:28:15] related to the housing elements and plan [2:28:18] Bay Area 2050 or plan Bay Area 2070 and [2:28:22] maybe some research can be done with the [2:28:25] association of Bay Area governments to [2:28:26] find out if there are any of these types [2:28:29] of grant funding streams that could be [2:28:31] made available for the purposes of [2:28:33] growth in the town infrastructure as [2:28:36] much of it is uh for those very [2:28:38] purposes. Thank you. [2:28:49] Hi, Todd Greenberg. I support exploring [2:28:53] a municipal micro grid and I appreciate [2:28:56] Bridget's hard work on this and I hope [2:28:59] we find a way to make this happen, but [2:29:01] decisions need to be made based on good [2:29:04] information. [2:29:07] The staff report leaves out important [2:29:09] financial and liability questions [2:29:10] unanswered. The report says the pavilion [2:29:12] solar panels were installed in 2009, yet [2:29:14] also says the town's 20-year NEM1 period [2:29:17] expires next year. Those dates do not [2:29:20] appear to match. Before replacing or [2:29:22] materially modifying the system, staff [2:29:24] should produce P Gen permission to [2:29:25] operate interconnection agreement, [2:29:28] tariff designation, and grandfathering [2:29:30] expiration date. The council should know [2:29:33] the value of any remaining NEM1 benefits [2:29:35] before approving changes that could move [2:29:37] the town to less favorable solar billing [2:29:40] plan. The report mentions Fairfax is an [2:29:43] MCE customer but not meaningfully [2:29:46] evaluate MCE assistance. Council member [2:29:49] Barbara Kohler represents Fairfax on [2:29:51] MCE's board and chairs its executive [2:29:54] committee. I asked council member Kohler [2:29:55] to help Fairfax identify and secure [2:29:58] every available MCE grant incentive, [2:30:00] technical assistance program, resilience [2:30:02] resource, and compatible outside funding [2:30:05] source before the town commits to a [2:30:07] private financing provider. The report [2:30:09] also says the pavilion roof must be [2:30:11] replaced, but does not address the leaks [2:30:12] or whether the original installer, later [2:30:15] contractors, warranties, or insurance [2:30:17] may cover some of the cost before [2:30:18] removing the panels. A town should [2:30:20] preserve evidence, inspect the [2:30:21] penetrations and flashing, review [2:30:23] contracts and warranties, and determine [2:30:25] whether costs can be recovered. Please [2:30:27] require a documented NEM analysis, an [2:30:29] MCE funding assessment, and an [2:30:31] independent roof cause and liability [2:30:33] investigation before proceeding. Thank [2:30:35] you. [2:30:39] » Thank you. Are there any hands? [2:30:41] >> We have one raised hand on Zoom. [2:30:43] >> Okay, great. [2:30:44] >> Jody, you are unmuted. You may now [2:30:46] unmute yourself. [2:30:49] Uh good evening council. Um thank you [2:30:51] very much Bridget for an outstanding [2:30:53] presentation. Uh on behalf of the [2:30:55] Fairfax Climate Action Committee, I just [2:30:57] want to encourage the council to move [2:31:00] forward. At this point, this is a um [2:31:03] direction to staff to continue to [2:31:05] explore funding options and arrangements [2:31:08] for the whole micro grid/resilience [2:31:11] hub. It will serve both purposes. Um, [2:31:14] Bridget has been in constant contact [2:31:16] with us in the Fairfax Climate Action [2:31:18] Committee every single month. We all [2:31:20] have been thinking about this and as [2:31:22] Bruce has said, talking about it for [2:31:23] years and years and years. Um, several [2:31:26] of us have our own little micro grids in [2:31:28] our homes in terms of solar and battery [2:31:31] and backup and connections. So, um, I I [2:31:34] there's no harm in moving this forward. [2:31:36] It's it is a solution, one of the 10 [2:31:39] solutions across the county for energy [2:31:42] efficiency. Um, and I just really [2:31:44] encourage you to support the further [2:31:46] investigation. Everything will come back [2:31:49] to the council with lots more discussion [2:31:51] and debate around financial arrangements [2:31:53] and products. Um, but uh, I think it's a [2:31:56] fabulous we're so happy to be at this [2:31:59] point and I really encourage you to give [2:32:01] direction to the staff to continue to [2:32:03] pursue um, these various options. Thanks [2:32:06] so very much. [2:32:09] » There are no more raised hands on Zoom. [2:32:12] Go ahead. Council member Kohler has [2:32:14] >> Yeah, I just want to say I think we [2:32:16] definitely need to continue to pursue [2:32:17] this. And just to answer Mr. Greenberg, [2:32:21] um I have connected Bruce Arian uh with [2:32:25] MCE staff. In fact, one of our uh highle [2:32:29] managers who does the virtual power [2:32:31] plant lives a couple doors down from [2:32:33] Bruce. So, we're already made those [2:32:35] connections and Bruce was my alternate [2:32:38] and has a lot of connections. So, I can [2:32:40] certainly help, but at this time, we [2:32:42] don't have specific grants. So, um, [2:32:45] thanks for your feedback and thank you [2:32:47] guys. I want to also thank Dan [2:32:48] Cardardoso who's been working very [2:32:50] closely and I know others on the climate [2:32:52] action committee, Kristen, Bridget, you [2:32:55] guys. Bruce has been doing this. Who? [2:32:59] >> No, I just said let's do it. [2:33:00] >> Yeah, been working too. [2:33:05] » Any other comments? [2:33:07] >> I'm ready to vote. [2:33:08] >> Okay. I just want to say it's been an [2:33:10] absolute thrill to be working on this. I [2:33:13] have worked hard on this as well and [2:33:15] that has not been mentioned by anyone. [2:33:17] Um, [2:33:18] >> thank you, Mayor H. [2:33:19] >> Yeah, and it's been premature until this [2:33:21] point to meet with MC, but I think now [2:33:24] after this vote, it would be a good time [2:33:27] to do that. Um, so I would actually like [2:33:30] to make the motion if I may. [2:33:33] >> Yeah, we need to give direction to [2:33:35] staff. [2:33:37] It just says receive a presentation. [2:33:39] >> Okay. Well, let's formally give No, [2:33:42] there's a recommendation if you remember [2:33:44] the last slide to give direction to [2:33:46] staff as far as staff will determine the [2:33:50] recommended approach whether it's RFI, [2:33:52] RFP, RFQ. Is that right? And then come [2:33:56] back with a proposal set. [2:34:00] >> Yep. [2:34:01] >> Does that sound right? [2:34:03] I'm seeing [2:34:05] >> I think we all are in agreement on that. [2:34:07] I could be wrong. [2:34:08] >> Okay. Is there any [2:34:13] » I don't think it's a vote, right? We [2:34:14] just [2:34:14] >> It's not a vote, but does anyone have [2:34:16] any issues with that direction? [2:34:17] >> No, let's do it. [2:34:18] >> Okay. Thank you. [2:34:25] Um going to find my agenda. [2:34:30] We are moving forward and thank you [2:34:32] Bridget. [2:34:33] >> Thank you. [2:34:34] >> Well done. [2:34:36] >> Moving forward with item number four, [2:34:38] consent calendar. The council can [2:34:40] approve all items on the consent [2:34:42] calendar in one action. Alternatively, [2:34:44] any council or staff member can remove [2:34:46] items for separate discussion and [2:34:49] voting. Public comments for consent [2:34:51] calendar items are taken collectively, [2:34:53] not item by item. [2:34:56] During this period, speakers may address [2:34:58] any item on the consent calendar with [2:35:00] each speaker allotted up to two minutes [2:35:03] and limited to one comment section. [2:35:06] Okay. Does anyone have any items to [2:35:08] pull? [2:35:09] >> I don't, but I just want to mention that [2:35:11] there's a supplement for item 4G. [2:35:14] >> For G. Yeah, we all got that. [2:35:17] >> All right. I have two. [2:35:19] >> Okay. You have comments or do you want [2:35:21] to pull items? Just [2:35:22] >> pull two. Just pull two. Quick. Quick. [2:35:24] Be quick. Identify them please. [2:35:26] >> Uh items um [2:35:31] item A, the financial statement, and [2:35:35] item E, the minutes. Just those two. [2:35:39] >> Okay. I mean, if you have comments on [2:35:40] the minutes, you can just send them to [2:35:42] Christine, [2:35:43] but do you really need to pull it? [2:35:46] >> Well, well, um I want to I wanted to put [2:35:49] something in the minutes that I said [2:35:51] that's not in the minutes. So, how how [2:35:53] you know what's the best way to do that? [2:35:55] >> Well, in the future, you could email [2:35:58] Christine, but um yeah, just say what [2:36:02] you want to add there. Add [2:36:04] >> it. It's it that it's only one line. Not [2:36:06] a big deal. [2:36:07] >> Say what the line is. [2:36:08] >> Should I tell you now? Okay. So, on the minutes, it was on the minutes [2:36:12] dealing uh with uh with the the cannabis [2:36:16] uh operation on Binus Road and and the [2:36:19] minutes are correct. They show the vote. [2:36:21] It was uh 311 on the vote to deny. Um [2:36:25] but there's but uh there's comments in [2:36:28] it for people, but my comments aren't [2:36:29] in. I had suggested [2:36:32] a a a a permit for for just for one-year [2:36:36] trial to see if to see if it could work. [2:36:40] And I I would just like to have that in [2:36:42] the minutes. Maybe Christine can find [2:36:44] the exact words. Just that that was that [2:36:46] was all I want to add to the minutes. [2:36:48] >> Okay, great. And then you want to pull [2:36:51] >> just to pull the yes the financial [2:36:53] quickly. [2:36:53] >> Okay. So let's pull [2:36:56] >> what? [2:36:57] >> Yeah. Let's pull item A and then let's [2:36:59] take a vote on um consent minus A. [2:37:10] » So I I think we can go to public comment [2:37:12] because [2:37:13] >> I thought we were going to vote on the [2:37:15] >> Well, we have to go to public comment on [2:37:16] the rest of the consent. [2:37:17] >> Oh, right, right, right, right. Sorry. [2:37:19] Um, [2:37:21] okay. We are taking public comment on [2:37:23] all of consent. Um, with the exception [2:37:26] of 4A. [2:37:33] » Hi, good evening. Todd Greenberg [2:37:35] commenting on the consent calendar this [2:37:37] evening. [2:37:38] You know, it's odd that there's so many [2:37:43] consistently [2:37:44] outnumbering consent calendar items that [2:37:48] limit the public's comment to seconds [2:37:51] per item. [2:37:53] It's noted time and time again that the [2:37:56] minutes are inaccurate [2:37:59] and uh incomplete. [2:38:02] I would ask this council to someone [2:38:06] there to make a motion and reconsider [2:38:08] and pull agenda item G which talks about [2:38:11] MCE and the council's response to [2:38:17] MCE, the civil grand jury report on MCE [2:38:21] and the last minute supplement that [2:38:23] apparently is pinned by Barbara Kohler [2:38:26] that talks about her involvement with uh [2:38:29] receiving compensation from other [2:38:32] entities or at least that's the way I [2:38:33] read it. So I want to know what the [2:38:36] conflicts of interest are and I want to [2:38:40] point this council to Sanelmo's [2:38:43] council rotation policy that got [2:38:46] developed over many meetings after a [2:38:48] council member was unwilling to [2:38:51] let go of their position. It behooves [2:38:54] the council to rotate positions so that [2:38:58] the council is stronger and other [2:39:00] members are more informed. There is a [2:39:02] lot of controversy going on at MC and I [2:39:04] understand that Kohler has a lot of [2:39:06] experience. We don't want to lose that [2:39:09] but I also understand that she has [2:39:10] motioned for ad hoc committees which are [2:39:15] not subject to the Brown Act and it's [2:39:16] quite a concern to me and others. Uh, [2:39:19] and she was against a finance committee, [2:39:21] a standing finance committee that would [2:39:23] be transparent. Fairfax and I, as an MCE [2:39:26] customer, deserve to know what's going [2:39:29] on there. So, I would ask that you pull [2:39:31] that item for further public comment. [2:39:34] [music] [2:39:36] >> So, um, Mayor Helman, I just [2:39:38] >> just No, I just want to stay [2:39:42] one raised hand on Zoom. [2:39:44] >> I get no compensation. The discussion in [2:39:47] item G was that members of PG and other [2:39:51] investorowned utilities get [2:39:53] compensation. [2:39:54] >> Okay. Are there any other [2:39:56] >> I have one raised hand on Zoom. Jody, [2:39:58] you are unmuted. You may now unmute [2:40:00] yourself. [2:40:02] >> Good evening, council members and mayor. [2:40:04] Again, I just want to thank Bridget very [2:40:06] much for her help and support around um [2:40:09] item H. Every year the climate action [2:40:12] committee does come up with a work plan. [2:40:14] uh what we intend to try to accomplish. [2:40:16] She helped to pull that all together. [2:40:18] So, what you have in item eight is a [2:40:21] report on what we set um out to do last [2:40:24] year as well as our plan for this next [2:40:26] year. So, I just want to encourage [2:40:28] council members if you have any [2:40:30] questions or input or or any anything [2:40:32] you'd like to talk with us about at the [2:40:34] climate action committee to please reach [2:40:36] out to me in terms of our report. But [2:40:38] thank you very much Bridget and also for [2:40:40] your support in working to set a new [2:40:44] meeting day and time for all of us so [2:40:46] that we can accommodate the whole [2:40:48] committee and work with the town's [2:40:50] schedule as well. So thanks very very [2:40:52] much for both of those. [2:40:54] >> Thank you. [2:40:54] >> There are no more speakers on Zoom. [2:40:56] >> Okay. Closing public comment on consent. [2:40:59] >> Can I move the consent calendar minus uh [2:41:03] letter uh 4A? [2:41:06] >> I'll second that. [2:41:08] All in favor. [2:41:11] >> What was that motion to? [2:41:12] >> Can I do an all in favor? [2:41:14] >> I consent. [2:41:15] >> Can you please know what I [2:41:18] >> Any nays? [2:41:20] >> Okay. Moving forward with [2:41:23] >> Moving forward with consent calendar [2:41:25] item A. [2:41:28] >> Okay, let me just just two is two two [2:41:30] issues. They're pretty easy. um on a [2:41:33] dispersement report. Uh it's it's page [2:41:36] two. A and um about halfway down, it's [2:41:40] the first American title company. It was [2:41:42] a paid on June 8th, 2026. [2:41:46] Uh we paid $75,000 [2:41:49] and and I'm just wondering why we paid [2:41:53] First American Title Company $75,000. [2:41:56] So, [2:41:57] >> um if I [clears throat] may, so um the [2:42:00] council uh um voted to make a donation [2:42:04] for the Sky Ranch NLES. [2:42:08] Um and that is the $75,000 amount that [2:42:12] the council voted to make that donation [2:42:16] for. [2:42:16] >> That's the escrow company that was [2:42:18] holding the [2:42:20] >> So, that's how we made the donation. And [2:42:21] we paid off. We paid a [2:42:24] >> all of the [2:42:24] >> the title research. [2:42:27] >> Um [2:42:27] >> Oh, it was the escrow company that she [2:42:29] paid into. [2:42:32] >> Yes. So, um when property is purchased, [2:42:35] typically money goes into an escrow [2:42:37] account. So, we we made that deposit [2:42:41] into the escrow account for that [2:42:42] property. [2:42:43] >> Right. Santa bought the property. Is it [2:42:46] is but is it [2:42:48] we paid our $75,000 [2:42:52] rather than give Santa $75,000. [2:42:55] We paid we paid an escrow account. [2:42:58] >> No, most bought the property and there [2:43:00] was an escrow account for the property. [2:43:03] Sanl did not buy the property. It was [2:43:06] the money went to most and it got it's getting transferred hopefully to [2:43:12] the county. [2:43:14] >> Okay. But we're paying for the for the title report. [2:43:19] >> No, we're not paying for the title [2:43:20] report. The funds for the purchase, the [2:43:24] entire purchase of Sky Ranch Null was in [2:43:27] an escrow account. So, our donation went [2:43:30] into that escrow account. That's where [2:43:32] all the funds are. [2:43:35] >> Oh, okay. We didn't write a check for [2:43:36] First American Title. [2:43:37] >> No, no, it's it goes they for the escrow [2:43:40] company. [2:43:41] >> I I just read what's what's in a report. [2:43:43] >> Okay. That's the escrow company. [2:43:45] >> Okay. [2:43:46] >> Thank you. [2:43:47] >> And then the other question is, you [2:43:48] know, I we've been tracking uh the uh [2:43:52] the cost for for legal and um [2:43:56] [clears throat] [2:43:57] we're we're in August now. I thought we [2:43:58] would have a final for May and June for [2:44:00] our for our legal costs, but uh public [2:44:03] agency law there's there's no final in [2:44:06] there. So what we did is we kept we kept [2:44:11] legal under a million dollars 974,683 [2:44:16] but there's no charges for for May and [2:44:18] June for uh for for our town attorney. [2:44:23] When will those charges show up a as as [2:44:26] an expense for the year? [2:44:29] We paid in July [2:44:32] the bill for May. We have yet to receive [2:44:34] a bill for June. So, well, May doesn't [2:44:38] show up here, though. I'm looking at it [2:44:40] right now. Does May show up? [2:44:42] >> This report was issued before we got and [2:44:45] paid the bill. [2:44:47] >> This is I'm looking right. Nothing for [2:44:49] May. How much is May for for for [2:44:52] >> It was about 21,000 for May. [2:44:55] >> That says best of Creger, doesn't it? [2:44:59] >> The 21,000 is not on the report. [2:45:03] >> Okay. I'm looking at the report. It says [2:45:05] $21,954 [2:45:07] was paid to to Best Bessa Creger. [2:45:12] >> Your question your question was whether [2:45:15] public agency had submitted a bill and [2:45:18] it had been paid for May and June. [2:45:21] >> Yeah. Yes. [2:45:22] >> We we did get a bill for May and have [2:45:25] paid it. [2:45:26] >> Okay. [2:45:26] >> How come does it show? because this [2:45:29] report was issued [2:45:30] >> last week and now we have received the [2:45:33] bill after this agenda item was posted [2:45:37] and so I know what the amount is but [2:45:40] this report only includes what I knew of [2:45:44] as of when I did the report. [2:45:46] >> Okay. So, so when will we get a final on [2:45:48] our legal cost for the for the year? [2:45:51] >> When we received the bill for June. [2:45:55] But how come it's blank under under [2:45:57] public agency law for May? [2:46:00] >> We haven't received a bill. I can't [2:46:02] predict what the amount is. [2:46:03] >> I thought you said you paid May. [2:46:05] >> I paid May but not June. [2:46:07] >> Well, you said you paid May after this [2:46:10] period. Correct. [2:46:12] >> This period [2:46:13] >> in July or August? [2:46:14] >> If I if I may. Um so um because of the [2:46:19] posting deadlines for a um packet, [2:46:24] we want reports [2:46:27] before the last day that we're going to [2:46:29] post. And so Michael prepared those [2:46:33] reports um and let's say they were [2:46:36] finalized on Wednesday last week as an [2:46:40] example, preferably the actually the [2:46:43] Wednesday before. [2:46:44] >> Okay. So I'm just wondering when we're [2:46:45] going to see the total cost. So that [2:46:48] >> understood. So if I if I may just get [2:46:51] there one one step at a time. So if [2:46:54] Michael um finalized this report last [2:46:59] week on Wednesday and we got um public [2:47:02] agency laws invoice on Friday [2:47:07] um it it is not reflected here. That's [2:47:11] for May. We are still expecting the [2:47:14] invoice for June and assuming we get [2:47:19] that uh before the books are completely [2:47:22] closed, which we do assume, then you'll [2:47:25] see the full amounts when all of the [2:47:28] books for the recently um ended fiscal [2:47:33] year come to you. So, it's going to show [2:47:36] up on a September report. [2:47:42] Typically, I do this report on a fiscal [2:47:45] year basis. So, I can continue to finish [2:47:49] out this report and put it in with the [2:47:51] attorney bills if you like. [2:47:54] >> Okay. Thank you. [2:47:58] question about since we're asking um [2:48:03] on non-dep departmental 715 [2:48:07] it's 1,140,000 [2:48:10] with some change [2:48:12] um [2:48:15] >> yeah [2:48:20] how much of that is related to [2:48:23] um attorney bills or litigation costs [2:48:30] on the report which is a detail report [2:48:33] for the income statement we show that [2:48:36] the litigation expense for [2:48:39] um June June was 37,000 and for year-to- [2:48:44] date was 472,000. [2:48:52] It's under the header litigation which [2:48:54] is 01715 [2:48:57] 892. [2:48:58] >> Okay. Well, I'm looking at all all of [2:49:01] 715 non department [2:49:03] >> on the detail or on the summary [2:49:05] >> healthcare professional services special [2:49:10] >> I'm sorry. Yeah. What? I don't know. [2:49:12] It's hard to read. Um I can hardly see [2:49:15] it. Eight of 17 maybe [2:49:17] >> the second from the bottom. [2:49:19] >> It's not legend. You can't see it. It's [2:49:21] written too lightly. [2:49:23] >> The the spec from the bottom says [2:49:25] litigation. [2:49:27] >> It's um department 715 non-EP [2:49:30] departmental. [2:49:32] >> Mhm. [2:49:33] >> And it's covers a bunch of things. [2:49:36] Insurance for instance, special [2:49:38] services, miscellaneous, [2:49:40] claim settlements, litigation, [2:49:44] other things. are are those how many of [2:49:47] those items that are listed are related [2:49:49] to [2:49:52] litigation or attorney bills? [2:49:55] >> The one line that says litigation, [2:49:57] >> that's it, [2:49:58] >> is the amount that we pay for for [2:50:00] attorneys. That's bad. There can be [2:50:03] attorney bills that Bay Cities uses and [2:50:06] bills us for for claim settlements and [2:50:10] that sort of thing for attorneys that [2:50:12] are uh used by Bay Cities to uh deal [2:50:18] with uh settling workers comp claims and [2:50:21] other things. But those those are out of [2:50:23] our um [2:50:26] >> what falls under professional services. [2:50:31] » Professional services is uh a number of [2:50:34] uh categories including the the uh [2:50:38] general services bills that we pay to [2:50:41] the county for for animal services. [2:50:44] Um it it covers uh amount that we're [2:50:49] paying to the chamber of commerce. It [2:50:51] covers, if you look in the budget uh for [2:50:54] that page, it details about a dozen [2:50:56] different uh [2:51:00] line items of of uh [2:51:04] detail for that uh category. Thank you. [2:51:13] » Okay. Opening public comment. [2:51:24] I too am, my name is Todd Greenberg. I [2:51:26] too am very concerned about Fairfax's [2:51:28] legal costs, which have been [2:51:30] significantly over budget for years now. [2:51:33] Yet, the council and public still do not [2:51:35] receive complete and timely monthly [2:51:38] reporting. The June report shows nearly [2:51:41] $975,000 [2:51:43] in attorney expenses for fiscal year [2:51:46] 2025 2026, about $317,000 [2:51:49] for quote general services, $470,000 for [2:51:53] special or litigation services, nearly [2:51:56] $188,000 charged to the Meadowway Bridge [2:51:58] project. The ledger also shows [2:52:00] litigation was budgeted at $100,000 but [2:52:03] reached approximately $473,000. [2:52:05] Claims and settlements added almost [2:52:08] $170,000. Even at year end, the attorney [2:52:11] schedule still contains blank months for [2:52:13] some firms and matters. So, the final [2:52:15] total may and will be higher. Why are [2:52:18] legal bills, acred legal costs, and [2:52:20] budget overruns not presented to the [2:52:22] council every month on a timely basis [2:52:24] while there is still time to control [2:52:26] spending? Government finance best [2:52:28] practices call for regular budget to [2:52:30] actual monitoring and prompt disclosure [2:52:33] of significant variances. Attorney [2:52:35] client privilege may justify redacting [2:52:37] sensitive descriptions, but it should [2:52:39] not prevent disclosure of aggregate [2:52:41] spending, vendor totals, account [2:52:44] charges, or budget variances. Please [2:52:47] require one consolidated monthly report [2:52:50] showing every law firm fund account and [2:52:53] project amounts build and acred, the [2:52:55] adopted budget, the variance, the [2:52:58] projected year-end total, and who [2:53:00] authorized spending beyond budget. The [2:53:02] public should not learn months later [2:53:05] that legal expenses exceeded budget by [2:53:07] hundreds of thousands of dollars. The [2:53:08] council needs this information before [2:53:10] costs escalate, not after the fiscal [2:53:13] year ends. Please [2:53:16] get all of the legal bills in one place [2:53:20] and quit hiding them in uncatategorized [2:53:22] and other sections. Legal belongs in [2:53:25] legal clearly discernable to everybody. [2:53:29] >> Thank you. Any other speakers? Okay. [2:53:33] Closing public comment on this item. Can [2:53:36] I have a motion, please? [2:53:37] >> I move uh [2:53:39] >> accept the financials. [2:53:40] >> Uh I'll second. [2:53:43] >> All in favor? [2:53:45] >> I. [2:53:46] >> Any naysay? [2:53:47] >> No. [2:53:49] >> Oh, we have one nay. [2:53:54] >> One no. [2:53:54] >> No. Mike said no. [2:53:56] >> Two. [2:53:56] >> Okay. Oh, I [2:53:58] >> I'm just We got to get a handle on this [2:54:00] litigation course. [2:54:01] >> Okay, so let's move on. [2:54:03] >> Okay. Um, [2:54:07] we are jouring in honor of John [2:54:10] Sergeant. And with that, good night.