Council Actions from Nov. 7th Meeting

Report of actions from the November 7^th regular Town Council meeting:

Council granted a request for waiver of a use permit application fee from Sustainable Fairfax for 141 Bolinas Road.

Held second reading and adoption of Ordinance No. 725, A Social Host Liability Ordinance for Underage Drinking. This item was sponsored by Vice Mayor Mary Ann Maggiore. The administrative fines for violating the ordinance are $750 for the first violation, $875 for the second and $1,000 for the third. Violators may apply for community service to work off a fine.

Introduced and held first reading of Ordinance No. 726, An Ordinance Amending Chapter 8.18, Sections 8.18.010 through 8.18.100 of the Fairfax Town Code regarding the use of compostable plastic, recyclable paper and/or reusable checkout bags by shops, stores, eating places and retail food vendors located in Fairfax. This ordinance amends the existing regulatory plastic bag ordinance which was challenged through a lawsuit by a coalition including plastics manufacturers who purported that the Town needed to prepare an environmental impact report prior to enacting the ordinance. The case would have cost the Town significant attorney’s fees to resolve. The amended ordinance leaves in place the detailed findings and standards for more environmentally protective bag use, but removes the penalties and mandates of the ordinance.

Introduced and held first reading of Ordinance No. 727, an ordinance deleting in its entirety the current Title 15 of the Town Code and adopting a new Title 15 in its place, adopting and amending the California Building Code. This ordinance is a standard procedure to update our building codes by referencing the new State updated codes.

Introduced and held first reading of Ordinance No. 728, An ordinance adopting the California Fire Code, International Fire Code, and Uniform Fire Code prescribing regulations governing conditions hazardous to life and property from fire or explosion; providing for the issuance of permits for hazardous uses or operations; and establishing a Fire Prevention Bureau and providing officers therefore and defining their powers and duties. Similar to the Building Code, this ordinance adopts the newly updated State fire code.

Introduced and held first reading of Ordinance No. 729, An Ordinance creating Chapter 8.06 of the Fairfax Municipal Code, adopting the 2006 Edition of the International Wildland Urban Interface Code, regulating and governing the mitigation of hazard to life and property from the intrusion of fire from wildland exposures, from adjacent structures and prevention of structure fires from spreading to wildland fuels in the Town; and further providing for the issuance of permits and collection of fees. This ordinance provides for strengthened building standards for property areas with high fire danger.

Discussed and considered an ordinance regulating Surface Mounted Utility Facilities in the Public Right-of-Way, requested by Mayor Larry Bragman. Council directed staff to use the model ordinance of the Marin Telecommunications Authority to draft an ordinance regulating the placement, noise impacts and other aspects of utility boxes used for deployment of new broadband technology.

Discussed and considered the expansion of the Ross Valley Fire Joint Powers Authority (JPA) to include the Sleepy Hollow Fire Protection District as a voting member, requested by Council Member Lew Tremaine. Council requested more information on data regarding operating costs, capital costs, and financial statements of the JPA, and information regarding any potential financial impacts on the Town.