Bending to the will of the state: Fairfax Council and residents clash over density rules for affordable housing

Sherman R. Frederick

Ross Valley Reporter

The longer the meeting went on, the more testy it became.

The Fairfax Town Council met in a specially called meeting on Wednesday, Oct. 18, to set into motion multiple changes to the town’s zoning laws. The Council said the sweeping changes, which among other things would allow “cluster zoning” on ridgelines and create high density housing are required to comply with state laws designed to spark affordable housing in Marin and throughout California.

The Council enacted the changes on a 5-0 vote, setting into motion a series of public sessions that would culminate in the early part of 2024. If the reaction from the public that night is any indication, the Council is in for a hard fight with about 80% of the public speaking that night slinging harsh criticism at the Council for what one speaker characterized as “ramming down our throats” new laws that not only endanger Fairfaxians in the event of a wildfire, but also change the small town character of the town. 

About a dozen speakers spoke during the 3.5 hour long meeting at the Women’s Club. Most scolded the Council for springing this on the town’s residents without giving them adequate time to read the back-up material. 

“I am absolutely amazed at what you are doing,” said one citizen. “Why do you want to ruin Fairfax? You are throwing away decades of environmental work.”

Another hinted that the volume of information dumped into the meeting’s agenda material was so overwhelming he doubted any council member actually read the material. “I tried to print it out. My printer is still going,” he said, adding the only way the council members could make an informed decision at the meeting would be if they had already met in secret ahead of the public meeting, a violation of California’s Brown Act. 

Another speaker said “I am very disappointed in every one of you.” She said you will be “held accountable.” 

Two council members admitted that the bulk of material was daunting. Councilmember Lisel  Blash said: “I read the documents. It is a lot to read.” Councilmember Bruce Ackerman appeared miffed at the implication that “we are not reading the documents,” adding, “the documents have been out for 5 days. I’ve been reading it. We do read it. It takes time, but we’re doing it.” 

Two speakers spoke in favor of the new zoning that night, both via Zoom. One told the Council that it is “very difficult” for working people to find places to live in Marin. The other speaker criticized those who said the new zoning will hurt the small town character of Fairfax. She called that small-town character “a facade” and that “housing people is more important.” 

Another topic of discontent with the way the Town Council has handled things came in the rule that speakers were only allowed 2 minutes to speak. “I can’t see why the Town Council can’t give more time for people to speak,” a woman said. “Fairfax doesn’t have the road capacity for more density. (If there’s a fire), you’ll have a Lahaina situation. Do you want that blood on your hands,” she asked. 

Another speaker said “five years ago we had more than 2 minutes to speak. Why 2 minutes now?” She also wanted to know why the format prohibits “honest” interaction between the public and the Council. “People want answers,” she said, saying the whole format “is just upsetting.” 

In a previous exchange, the town’s attorney told a speaker that the council can’t answer questions asked by the public because the public comment time is “legally” only a time for comment, not an exchange between the public and the Council. 

Former longtime Town Council member and 7-time mayor of Fairfax, Frank Egger, who wrote an article in the last edition of the Ross Valley Reporter, critical of the Council, warned the Council that the idea of “cluster zoning” on Fairfax ridgelines creates a dangerous scenario. if a wildfire comes over the mountain, “we won’t get out of here. “

Vice Mayor Barbara Coler took time to address the wildfire fears expressed by Egger and others. She downplayed the danger, urging people to look at the website of Fire Safe Marin for the correct perspective.

“Fairfax is not the same as Lahaina,” she said, adding that in terms of wildfires, Fairfax also is not the most dangerous place to be in Marin.  Someone in the audience attempted to say something about that, but Coler said: “Excuse me. We’re not answering questions at this time.” 

Later in the meeting, Coler said “we’re not about” fighting the state. “I’m tired of hearing people urging us to ‘fight the state.’” She added that if Fairfax fought the state on these mandates, Fairfax could be put into receivership and lose all local control. 

One speaker quipped receivership might be preferable to the rule of this Council. 

Coler said these actions are not going to change the character of Fairfax. “I like where we’re going with this,” although she acknowledged “Nothing is perfect.” 

Councilman Ackerman, however, said “Fairfax IS changing,” pointing out that “our kids” can’t afford to live in Fairfax anymore.

About halfway through the meeting, Mayor Chance Cutrano admonished the public about “bringing rancor to these meetings. I appreciate when people don’t shout at us. There’s so much tension in this world, I hate to see it creep into these meetings.” 

Council member Stephanie Hellman encouraged members of the public to “get educated” and recommended people get more information from “the state.” She urged people critical of the Council to get a “different perspective.”

She also apologized to staff for remarks made by some speakers. She called it “sad” and pointed out in response to a previous question from the public that she is the only member of the Council who grew up in Marin. 

(You can reach the writer at ShermFrederick@gmail.com.)