Fairfax Adopts Bike-Ped Plan as Fees Rise and Demolition Fight Stalls

The Fairfax Town Council on Nov. 4, 2026, unanimously adopted a new Bicycle and Pedestrian Master Plan and made its advisory committee permanent, a bid to stop a second plan from sitting on a shelf. In a marathon session, the council also raised permit fees 4-1, approved a $1 million cash-flow loan from Marin County and blocked an emergency push to revisit the contested 95 Broadway demolition permit.

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• Bike-ped master plan and permanent BPAC adopted 5-0, positioning Fairfax for grants but funding no projects
• Emergency item on 95 Broadway demolition fails 2-2-1 after the Town Attorney says Brown Act findings can't be made
• Master fee schedule passes 4-1, closing a roughly $230,000 planning and building cost gap
• $1 million, 30-day county note approved 5-0 to bridge the wait for Dec. 15 property tax receipts

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Bike-Ped Plan Passes, but a Speed Fight Looms

The basics: The 2026 Bicycle and Pedestrian Master Plan replaces the town's 2016 plan. It sets six goals: maintenance over expansion, safety and access, lower speeds, a low-stress network, partnerships and sense of place. It also includes a ranked, grant-ready project list tied to the 2024 county roadway safety plan, plus "quick-build" pilots tested for six to 12 months.

Why it matters: An adopted plan makes Fairfax eligible for TAM and other grants that favor adopted plans. It also recovers an $82,917 TAM grant. But the plan does not pay for anything on its own. "It does not fund or approve any project, and it does not set a construction schedule," said Associate Planner Bryn McKillop. Each project still needs council approval.

Where things stand: The Bicycle and Pedestrian Advisory Committee (BPAC) voted unanimously Sept. 21 to recommend adoption. The second resolution makes the BPAC a permanent five-member resident committee that meets quarterly. Staff presented it as the answer to why the 2016 plan stalled. "We can teach a kid to ride a bike in an afternoon. This plan is how we give them safe streets for a lifetime," said BPAC Chair Joey Shepp.

Shane Trimmer, policy and planning director of the Marin County Bicycle Coalition, said adoption and a standing committee would make the town more competitive for grants. BPAC member Jeff Giles, a cycling coach, Chance Catrano and a commenter named Sierra also backed both resolutions.

The other side: Public commenter Todd Greenberg asked for a documented cost-benefit analysis of BPAC recommendations and of the permanent committee itself. Public commenter Deborah Benson objected to concepts for Cascade Drive and Center Boulevard and asked staff to confirm that projects return to council. Public commenter Mark Bell warned that grants carry maintenance costs and cited past Cascade Drive costs. Public commenter Cindy Ross described a bicycle collision on Lansdale Avenue and urged the town to treat pedestrian issues separately from bicycle issues.

From the dais, Vice Mayor Frank Egger wanted speed limit reductions, more crosswalks and traffic counts. "I'd actually like to continue this first item," he said, though he backed the permanent BPAC. Staff pointed to Policy 3.2.2 on lowering speeds. Councilmember Barbara Coler flagged emergency coordination on pilot projects. "During disasters the police do the evacuations, not fire," she said.

Decisions and stakeholder impacts: Resolution 2026-56, adopting the plan, passed 5-0 (For: 5, Against: 0, Absent: 0). It was moved by Councilmember Lisel Blash and seconded by Coler. Egger joined the vote with a warning: "I'll vote aye, but let me tell you that we're going to reduce some speed limits in downtown Fairfax."

Resolution 2026-57, creating the permanent BPAC, also passed 5-0. Two amendments changed the text: members "shall be" town residents, and the BPAC may appoint a non-voting youth member.

Cyclists, families and grant writers gain a framework. Drivers and businesses along corridors like Cascade Drive and Center Boulevard will want to watch individual projects as they come back.

What's next: Expect project-by-project fights at future council meetings, with speed limits likely near the front.

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95 Broadway Emergency Bid Falls Short

Why it matters: The demolition permit for School Street Plaza LLC at 6 School Street, also known as 95 Broadway, drew the night's most intense public pressure. The council's refusal to take it up leaves residents with few formal levers.

Where things stand: Egger moved to add an emergency item to discuss his directed referral of the permit. He said the permit was issued Oct. 30, after the agenda was posted. He argued its conditions do not protect health and safety, citing Little League families next door. "I have a constitutional right as an elected official of the Town of Fairfax to represent the people of Fairfax and protect their health, safety, and welfare," Egger said.

Councilmember Michael Ghiringhelli seconded. "I think we can make the findings," he said, pointing to health and safety.

Town Attorney Janet Coleson said the Brown Act requires two findings: new information arose after posting, and the council must act before Nov. 18. Adding the item required a two-thirds vote, or four votes. "I am of the opinion that you can't make both of those findings to add this item to the agenda tonight," she said.

Coleson added that the permit holder had received no notice and that directed referrals do not apply to ministerial permits, meaning permits staff must issue when code requirements are met. "There is no excavation, no removal of foundations, no removal of concrete. It's just removal of buildings," she said.

Decisions and stakeholder impacts: The motion failed (For: 2, Egger and Ghiringhelli; Against: 2, Mayor Stephanie Hellman and Coler; Abstain: 1, Blash). Hellman voiced worry about public transparency but voted no. "No, because it doesn't meet the specifications of the law," she said. The council then approved the agenda 3-2, with Egger and Ghiringhelli opposed.

The other side: Open time turned into a referendum on the project:

• Public commenter Rick Hamer argued it is a formula business that should have fallen under the town's moratorium, and noted the appeal period is expiring.
• Mark Bell cited asbestos risk and potential liability.
• Todd Greenberg sought a noticed public meeting, published compliance documents and a voluntary pause on demolition. He said he was not alleging a violation.
• Andrew Newell said residents are getting too little information.
• Kevin Curtis said staff acted correctly on a ministerial permit but urged weight for a councilmember's concerns.

Coler noted the project obtained an Air District permit.

What's next: Speakers also flagged a possible creek bridge on the plans. Planning staff agreed to raise it at a Friday pre-demolition meeting.

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Permit Fees Climb Toward Full Cost Recovery

Why it matters: Planning and building fees covered about 78% of costs, according to consultant Jeff Wakefield of GCP. That leaves a gap of roughly $230,000 between about $1 million in full cost and $807,000 in 2025-26 revenue, and the general fund has been covering the difference. "I feel like it's not fair for all residents to subsidize every development or construction project in Fairfax," Blash said.

Where things stand: The schedule changed since the Oct. 7 meeting and a subcommittee workshop:

• A $5,000 deposit, billed hourly with the remainder refunded, replaces the $1,900 flat fee for major use permits and now applies to major demolitions.
• The heat pump water heater swap-out fee is $150, set by state law. Trimmer clarified it is a ceiling, not a floor.
• Block party fees are waived, battery systems carry no fee and roof work gets one combined fee.
• Short-term rental, parklet and ADU fees join the schedule.
• The penalty for unpermitted work rises from 1.5 to 2 times the fee.
• The general plan maintenance fee targets 50% recovery, and the technology fee is 7%.
• A design review deposit for qualifying housing is waived under state ministerial-process laws.

Wakefield said "the California state law says you need to charge your estimated reasonable cost." Coler called the town's 2019 choice a mistake. "We made a determination not to raise all fees to capture 100% of our costs. And I think that was a bad move," she said.

The other side: Greenberg cited a roughly 29% average increase and urged delay until a new council. Egger and one commenter questioned a 10% monthly late penalty on short-term rentals. Public commenter Guy, a Public Works employee, urged enforcing existing frontage ordinances first. A Zoom commenter backed the increases.

Decisions and stakeholder impacts: The resolution passed 4-1 (For: Hellman, Egger, Coler, Blash; Against: Ghiringhelli). An amendment ties the automatic annual adjustment to the April CPI-U for San Francisco-Oakland-Hayward. Homeowners and developers pay more, and future increases will now arrive automatically. The effective date, Jan. 3 or Jan. 4, 2027, was discussed but not clearly settled.

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$1 Million County Loan Bridges Tax Gap

Where things stand: Finance Director Michael Vivrette said the note addresses cash flow, not a deficit. "This agenda item is to consider a short-term loan from the county for $1 million," he said.

Property tax makes up 56% of town revenue and arrives mainly in December and April. Insurance, UAL (unfunded pension liability) payments, debt service and reimbursable projects come due earlier. The 30-day note costs an estimated $4,000 in interest. Vivrette added that the 25% general fund reserve is a budget measure, not cash on hand, and that the budget includes a $75,000 reserve drawdown.

The other side: Greenberg called the note evidence of weak fiscal discipline and requested an independent performance audit. Curtis called it a no-brainer. Blash stressed the town will receive the money, just later.

Decisions and stakeholder impacts: The note passed 5-0 (For: 5, Against: 0, Absent: 0), bridging the gap to Dec. 15 property tax receipts.

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• Evictions: Blash warned "we are facing a mass displacement of long-term Fairfax residents at Marin Town and Country Club," where a couple dozen residents, many seniors, face a Dec. 31 move-out.
• Public Works pay: Guy said the union contract expired June 30. Benson and a Zoom commenter urged raises before El Niño, and the council noted it cannot discuss closed-door negotiations.
• Consent calendar: It passed 5-0 after Egger questioned a council travel line that staff attributed to a $12,000 membership assessment.
• Town manager search: Interim Town Manager Christine Foster announced a listening session, survey and email inbox for the recruitment. Sandbags are available at the skate park.
• Storm and cleanup: Foster reported a water main break at Broadway and Pacheco and a dumpster fire on Power Lane.

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Looking ahead: The CalPERS policy update was continued 5-0 to a Nov. 18 special meeting. That meeting will also cover Marin Sanitary Service rates, an IT services contract and an El Niño emergency declaration. Town offices close for Veterans Day, and a tree ordinance is expected in January.