Wednesday, February 4, 2026 Town Council Meeting
Fairfax Town Council Minutes
Regular Meeting
Fairfax Women’s Club, 46 Park Road, Fairfax, CA
and via teleconference Wednesday, February 4, 2026
Call to Order/Roll Call:
Mayor Hellman called the Regular Meeting to order at 6:30 p.m.
COUNCILMEMBERS PRESENT: Stephanie Hellman, Mayor
Frank Egger, Vice Mayor
Barbara Coler
Michael Ghiringhelli
Lisel Blash
STAFF MEMBERS PRESENT: Heather Abrams, Town Manager
Christine Foster, Assistant to Town the Manager/Deputy Town Clerk
Michael Vivrette, Finance Director
Janet Coleson, Town Attorney, Public Agency Law
Janabai Owens Deputy Town Clerk
Regular Meeting at 6:30 p.m.
Hybrid meeting at the Fairfax Women’s Club and via Zoom.
Pledge of Allegiance
Mayor Hellman led in the Pledge of Allegiance.
Approval of Agenda
M/S: Coler/ Ghiringhelli
AYES: Blash, Ghiringhelli, Coler, Egger, Hellman
NOES: None
Land Acknowledgement
Mayor Hellman read the land acknowledgement, acknowledging that the Council is located on the unceded ancestral lands of the Coast Miwok people of present-day Marin County.
Meeting Protocol
Mayor Hellman read the meeting protocol. The Council will review the agenda at 9:30 p.m., and meetings will adjourn no later than 11:00 p.m.
Announcements
Mayor Hellman announced an open position for Assistant/Associate Planner with applications due by February 16th.
Town Manager’s Report
Town Manager Abrams reported on several matters, including:
• The new Business License online system demonstrates significant improvement in participation and revenue collection.
• Finance and Recreation staff moved from the Community Center to the rental house across the street, making way for firefighters to temporarily occupy the Community Center. This move saves over $100,000 which will be needed for the leaking roof repair at the fire station.
Wednesday, February 4, 2026 Town Council Meeting
• Town Planner Kara Spencer retired from the planning department in January. The Assistant/Associate Planner position is open through February 16th. • Annual Strategic Planning Retreat scheduled for February 13th - a full day meeting open to the public.
• Following the strategic planning workshop, the town's budget process will begin in earnest, with audit and mid-year budget reports anticipated for the March meeting. • Marin Water will present their Bolinas Road project at the March meeting, with work planned to begin in April.
• Planning Commission held a study session on the Formula business Ordinance and will have a public hearing later this month.
• Planning Commission held a study session on a Dark Sky Ordinance. • Current vacancies include positions on the Planning Commission and Commission on Aging.
Future Agenda Items
Council members discussed potential future agenda items including:
• Measure C Renewal options
• Community Protections Resolution in light of ongoing federal actions • Employee Remote Work directives
• Coordinating utility and road work in the upcoming Bolinas Road project • Request for information about streetlight heights and costs on Center between Pacheco and Pastori
Presentation
Finance Director Michael Vivrette presented the GASB 75 report on Other Post-Employment Benefits (OPEB).
The report shows the Town is currently 104% funded, with about $2 million in assets set aside to cover the $1.9 million liability. This is a major improvement from 31% funding in 2017.
Tina from Nikolay Consulting, the Town’s actuarial firm, answered technical questions. She explained that higher discount rates reduce reported liability and confirmed the Town’s strong funding position supports use of the full 6.4% rate. She also noted that liabilities are expected to stabilize as pre-2013 employees retire and transition to Medicare.
Council discussed the common 80% funding benchmark and whether the Town’s annual contribution should be adjusted, with further discussion planned during the budget workshop.
Mayor Hellman opened the meeting to public comment.
• Todd Greenberg asked about interest rate scenarios, balance sheets, impacts of declining rates, and the consulting group's background.
• Kevin Curtis asked about the possibility of transferring funds from the 104% funded CERBT account back to the general fund.
Mayor Hellman closed the meeting to public comment.
Finance Director Vivrette clarified that CERBT funds are restricted for OPEB payments only and cannot be transferred for other purposes, though the town could choose to pay current retiree health benefits from this fund or defer future contributions. He confirmed balance sheets are available in annual audit reports on the town website.
Wednesday, February 4, 2026 Town Council Meeting
Open Time for Public Expression
Mayor Hellman opened the meeting to public comment.
• Michael Rosenthal thanked the Council for dedicating the meeting to Doug McConnell, calling him an environmental hero.
• Rachel Fishbein, Parks and Recreation Commissioner (PARC), reported out on PARC activities and noted a vacancy on the Commission.
• Todd Greenberg inquired about the PG&E natural gas pipeline along Bolinas Road, public records requests, and public input on future agenda items. • Mark Bell asked for a mechanism requiring all utility companies to be contacted when major work is planned to save time, noise, and costs.
• Minna Kim, Chamber of Commerce, announced two February events: Bingo Night and the Fairfax Soup Walk and thanked Parks and Recreation for sponsorship. • Megan announced an important Ross Valley School District meeting on February 11th to discuss the district’s budget.
• Cindy Ross spoke about the Town’s nuisance ordinance, reported continued intermittent fumes from the laundromat at Fairfax Plaza, and requested enforcement action to protect residents and the environment.
Mayor Hellman closed the meeting to public comment.
Regular Agenda
1. Repeal of Fairfax Town Code Section 5.56.170 Application of This Article to Existing Medical Cannabis Retailer, and Section 17.110.050 Adult-Use Cannabis Deliveries by Certain Existing Medical Marijuana Dispensaries and Revise Section 17.110.040(A), Cannabis Retail Uses, due to notice given to the Town officials by the owner of Marin Alliance for Medical Marijuana
Town Manager Abrams introduced the item as code cleanup to repeal non-operational language and ensure unintended parties cannot use it.
Town Attorney Coleson explained the need to remove two exemptions related to the Marin Alliance facility - one from 2019 for the School Street site (no longer operative as they left that location) and another from late 2024 for 1591-1593 Sir Francis Drake Boulevard where no CUP application was submitted and is also not transferable to another location. She noted Ms. Shaw recently indicated she doesn't own the building and won't relocate there, necessitating removal of these sections from the code. There were questions about the urgency and the significance of repeal the code exemptions.
Mayor Hellman opened the meeting to public comment.
• Larry Bragman requested deferring repeal until Lynnette can go to Planning Commission. • Todd Greenberg questioned the process being discussed. • Lynnette Shaw explained she's been advised to ask for deferral and then explained her circumstances further, including relocation plans.
• Rick Hamer suggested deferring a decision and asked the Council to hear more about the relocation plans.
• Kevin agreed with previous speakers about deferring the decision and noted other possible options.
Mayor Hellman closed the meeting to public comment.
Wednesday, February 4, 2026 Town Council Meeting
Motion to waive full reading and read by title only to repeal Fairfax Town Code Sections 5.56.170 Application of this article to existing medical cannabis retailer, and 17.110.050 Adult-use cannabis deliveries by certain existing medical marijuana dispensaries, and revise Section 17.110.040(A) Cannabis retail uses due to notice given to town officials by the owner of the Marin Alliance for Medical Marijuana (MAMM) that she does not own the building at 1591-1593 Sir Francis Drake Boulevard and will not be relocating to that site. Additionally, there were prior exemptions granted to MAMM at the former School Street location that are no longer applicable due to closure and redevelopment of that site that should be removed from the town code to avoid any confusion in the town's cannabis regulations.
M/S: Coler/Hellman
AYES: Blash, Coler, Hellman
NOES: Ghiringhelli, Egger
2. Residents Petition Related to Cannabis Business Relocation (Lynnette Shaw) Lynnette Shaw presented her petition as owner of Marin Alliance for Medical Marijuana since 1997, the first cannabis dispensary in the US to receive a permit.
Shaw explained her business came to a halt when School Street Plaza's owner forced the business to move. She detailed issues at 1591 Sir Francis Drake, in which she was unable to access the building for seven months due to the former tenant who lost it to foreclosure but demanded $50,000.
When finally accessing it in December, they found it "utterly wrecked and unusable inside" with "a quarter million dollars worth of damage."
Shaw requested permission to apply for a medical-only dispensary at 61 Bolinas Road where she has a general store.
Council clarified the application period is open and Ms. Shaw can submit her application by March 22nd.
Town Manager Abrams confirmed the application period will remain open through March 22nd.
Mayor Hellman opened the meeting to public comment.
• Dr. Christopher Nyland, board-certified hospice/palliative care and family medicine physician, expressed support for Ms. Shaw and the importance of medical marijuana brickand-mortar businesses. • Kathy Flores supported relocating MAMM to 61 Bolinas Avenue, calling Ms. Shaw a "true medical treasure".
• Todd Greenberg was concerned about the town’s legal fees this year. • Mark Bell noted some people prefer in-person cannabis consultation. • Patrece Bryant believes patients should have reasonable access in Fairfax.
Mayor Hellman closed the meeting to public comment.
3. Hold a Public Hearing on Vacancy Reporting in Compliance with AB 2561 and Government Code 3502.3
Town Manager Abrams presented that AB 2561 requires public agencies to hold at least one public hearing per fiscal year to report on workforce vacancies. For 2025, Fairfax's annual average vacancy rate was 4%, improved from 7% in 2024. This is well below the 20% threshold requiring additional reporting.
Wednesday, February 4, 2026 Town Council Meeting
She noted positions not intended to be filled (those that the Council hasn't funded) are not part of the vacancy rate. Both organized labor groups were contacted but declined to present.
Council asked clarifying questions about the Assistant/Associate Planner position as well as eight unfunded positions. Town Manager Abrams clarified that these are positions previously approved by Council with job descriptions and maintained salary ranges in case future councils want to revive them.
Council questioned efficiency with employees working from home and had concerns about financial shortfalls for streets, public safety and infrastructure. Council also recognized that the agenda item is only reviewing the vacancy report as required by state law, not making staffing decisions.
Mayor Hellman opened the meeting to public comment.
• Todd Greenberg noted widespread AI cost savings and layoffs. • Mark Bell questioned position titles listed as not being filled and suggested cost saving measures.
• Guy Norenius, Fairfax Public Works employee, stated Public Works should be funded more comprehensively before funding more town hall positions and then described his working conditions.
Mayor Hellman closed the public hearing.
Council suggested asking Public Works Manager Arnold at budget workshop about staffing needs for day-to-day operations but noted this item is simply a mandated report on vacancies.
Break
Mayor Hellman called for a break at 9:05 p.m. and thereafter, reconvened at 9:15 p.m.
4. CONSENT CALENDAR
Items Removed from the Consent Calendar: Vice Mayor Egger requested removal of item a) Receive Financial Statement and Disbursement Reports for December 2025.
Council Member Coler noted corrections to minutes she had sent to the clerk's office.
Items remaining on the Consent Calendar:
b) Receive report on Councilmembers' assignments, committees, and activities in January 2026 c) Approve Minutes from the December 3, 2025 and January 12, 2026 Town Council Meetings d) Receive Treasurer Quarterly Report
e) Receive Recreation Quarterly Report
f) Authorize the Town Manager to Execute an Agreement with O'Neill Built Construction for Temporary Living Quarters at the Community Center for the Fire Station 21 Remodel Project, in an amount not to exceed $50,826, and authorize a 10% contingency of $5,083 for potential unforeseen conditions, for a total project amount not to exceed $55,909; this resolution is not expanding the total project cost, which remains estimated at $1.6 million g) Adopt Resolution Approving Little League Parade Street Closure h) Adopt Ordinance 904 Amending Chapter 8.44 (Clean Indoor and Outdoor Air and Health Wednesday, February 4, 2026 Town Council Meeting
Protection - Smoking Regulations) By Amending Definitions, Establishing Minimum Pricing for Packages of Cigarettes, Cigars, Little Cigars, And Smokeless Tobacco; Prohibiting the Redemption of Coupons and Discounts, Banning the Sale of Electronic Smoking Devices, Heated Smoking Systems and Tobacco or Nicotine Pouches; And Imposing Other Requirements
i) Appoint Mayor Hellman and Vice Mayor Egger to an Ad Hoc Subcommittee to Work with External Agencies on Site Remediation and Reuse Options for 101 Bolinas Road and report back to the full Council
j) Adopt a Proclamation Honoring Black History Month
Mayor Hellman opened the meeting to public comment.
• Todd Greenberg requested more time to speak, provided a comment on 4d, asked for consent items to be numbered, and spoke about resolutions and ordinances. • Jasmine commented on item h., stating retailers take youth protection seriously through training, ID verification, and compliance systems. She urged the council to reconsider, include exemptions and noted lack of retailer engagement.
Mayor Hellman closed the meeting to public comment.
Motion to approve consent items 4b through 4j.
M/S: Coler/Blash
AYES: Blash, Coler, Egger, Hellman
NOES: Ghiringhelli
Item Pulled from the Consent Calendar:
a) Receive Financial Statement and Disbursement Reports for December 2025 Vice Mayor Egger asked clarifying questions about specific revenues collected versus budgeted.
Finance Director Vivrette explained most fines are from police (court and parking), with some administrative fines possibly coded to miscellaneous income.
Mayor Hellman opened the meeting to public comment.
• Todd Greenberg commented on the Town’s legal costs.
Mayor Hellman closed the meeting to public comment.
Adjournment
The meeting was adjourned at 9:42 p.m. in memory of Bob Weir, Doug McConnell, Laurie Burafado, and Mark Chapman.