HomeMy WebLinkAboutCC Minutes 2003-09-15SRCC Minutes (Regular) 09/15/2003 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 15, 2003 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Rod Gould, City Manager
Gary T. Ragghianti, City Attorney
Eric Davis, Deputy City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 7:00 PM:
None
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM:
None
Present: Albert J. Boro, Mayor
Gary O. Phillips, Vice -Mayor
Paul M. Cohen, Councilmember
Barbara Heller Councilmember
Cyr N. Miller, Councilmember
Absent: None
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:05 PM
House Joint Resolution #20: - File 9-1
John Jenkel, Greighton, California (north of Sebastopol) produced 420 signed petitions from citizens of San
Rafael and 457 signed petitions from citizens of Marin County in support of amending House Joint
Resolution #20, which was addressed in Urgency Time at a previous City Council meeting.
Mr. Jenkel stated that at that meeting, Council took the position there was nothing that affected the San
Rafael community. He stated that while discussing House Joint Resolution #20, which stops strike first
policy, he had been fairly sure he had agreement; however, the City Manager stated there was no affect.
Mr. Jenkel stated that recently, Mr. Gould sent a letter to his associate on another matter in which he stated
"from what I have gleaned from my readings, most economists put the war effort as a secondary cause of
the deficit expansion, the primary cause being the sluggish economy and reduced revenues caused by tax
cuts."
Mr. Jenkel stated this could also be interpreted as "yes" the war effort has cause and effect, and in addition
to the fiscal problem, which appeared to be in contention, there was also the fact that every American was
being endangered when the President threatened to strike first, as potential enemies armed against the
Country.
Councilmember Heller moved and Councilmember Miller seconded, to approve the Consent Calendar as
follows:
ITEM
Approval of Minutes of Regular Meeting of
Monday, August 18, 2003 (CC)
2. Call for Applications to Fill One, Four -Year Term
on the Park and Recreation Commission Due to
Expiration of Term of Commissioner Armando
Quintero (Term Expiring End of October, 2003)
(CC) — File 9-2-4
RECOMMENDED ACTION
Minutes approved as submitted.
ADDroved staff recommendation:
a) Called for applications to fill
one, four-year term on the San
Rafael Park and Recreation
Commission, to expire end of
October, 2007;
b) Set deadline for receipt of
applications for Tuesday,
October 7, 2003 at 12 noon in
the City Clerk's Office, Room
209, City Hall; and
c) Set date for interviews of
applicants at a Special City
Council meeting to be held on
Monday, October 20, 2003,
commencing at 6:30 p.m.
SRCC Minutes (Regular) 09/15/2003 Page 1
5. Resolution Authorizing the City Manager to Sign
a Professional Services Agreement with
Abey/Arnold Associates, Landscape Architects,
for Landscape Architectural Services for the
Development of Starkweather Shoreline Park,
South Pond Segment (CS/PW) —
File 4-3-425 x
6. SECOND READING AND FINAL ADOPTION OF
ORDINANCE NO. 1813 — An Ordinance of the
City of San Rafael Amending Title 17 of the San
Rafael Municipal Code to Establish Regulations
for Vessel Sanitation and Dock Safety (MS) —
File
SRCC Minutes (Regular) 09/15/2003 Page 2
RESOLUTION NO. 11414—
RESOLUTION AUTHORIZING THE
CITY MANAGER TO SIGN A
PROFESSIONAL SERVICES
AGREEMENT WITH ABEY/ARNOLD
ASSOCIATES, LANDSCAPE
ARCHITECTS, FOR LANDSCAPE
ARCHITECTURAL SERVICES FOR
THE DEVELOPMENT OF
STARKWEATHER SHORELINE
PARK, SOUTH POND SEGMENT (1
YEAR AGREEMENT, COMMENCING
9/9/03 AND ENDING 9/8/04, WITH A 6 -
MONTH OPTION TO EXTEND)
Approved final adoption of
Ordinance No. 1813.
7.
Resolution Authorizing Amendment to
RESOLUTION NO. 11415 —
Agreement with Hilton, Farnkopf and Hobson,
RESOLUTION AUTHORIZING AN
LLC for Vehicle Impact Fee Analysis (MS) —
AMENDMENT TO AN AGREEMENT
File 4-3-426 x 4-17-149
BETWEEN THE CITY OF SAN
RAFAEL AND HILTON, FARNKOPF
AND HOBSON, LLC FOR VEHICLE
FEE IMPACT ANALYSIS SERVICES
(TERM OF AGREEMENT FOR
ADDITIONAL 9 MONTHS
COMMENCING ON APRIL 1, 2003
AND ENDING ON DECEMBER 31,
2003)
8.
Resolution Authorizing the Use of Supplemental
RESOLUTION NO. 11416 —
Law Enforcement Services Fund (SLESF) in the
RESOLUTION APPROVING USE OF
Amount of $100,000 to Fund Overtime for
STATE COPS PROGRAM
Community Oriented Policing for Fiscal Year
SUPPLEMENTAL SERVICES FUNDS
2003-2004 (PD) — File 9-3-30
IN THE AMOUNT OF $100,000 FOR
COMMUNITY ORIENTED POLICING
9.
Resolution Authorizing Temporary Closure of
RESOLUTION NO. 11417 —
Downtown City Streets to Accommodate Blues,
RESOLUTION AUTHORIZING THE
Brews & BBQ Event on Saturday, October 11,
TEMPORARY CLOSURE OF CITY
2003 from 8:00 a.m. — 7:00 p.m.: (RA)
STREETS FOR THE 1ST ANNUAL
1. A Street from Fourth Street to Fifth
BLUES, BREWS & BBQ ON
Avenue
SATURDAY, OCTOBER 11, 2003
2. Julia Street from B Street to A Street -
FROM 8:00 AM TO 7:00 PM
File 11-19
AYES:
COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
ABSTAINING:
COUNCILMEMBERS: Vice -Mayor Phillips
(from item #1 only, due to absence
from meeting of 8/18/03)
ABSTAINING:
COUNCILMEMBERS: Cohen (from item #6 only, due to absence from Public
Hearing
on 9/2/03)
The following item was removed from the Consent Calendar for discussion, at the request of Vice -Mayor
Phillips:
3. ISSUANCE OF REPORT RE SECOND STORY ADDITIONS TO EICHLER/ALLIANCE
HOMES (CD) — FILE 10-7 x 10-2 x 9-3-85
Indicating he was in agreement with the approach being taken, i.e., a period of time to study the
issue in some detail, Councilmember Phillips stated that when the report came back he would
like some clarification on the ramifications of the CC&Rs signed by most of the residents upon
initial acquisition of their homes.
SRCC Minutes (Regular) 09/15/2003 Page 2
SRCC Minutes (Regular) 09/15/2003 Page 3
Councilmember Phillips moved and Councilmember Cohen seconded, to accept the status
report.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The following item was removed from the Consent Calendar for discussion, at the request of Vice -Mayor
Phillips:
4. SUMMARY OF LEGISLATION AFFECTING SAN RAFAEL (CM) - FILE 116 x 9-1
Councilmember Phillips stated he did not feel fully versed on SB 440 (Burton) Employer -
Employee Relations - Law Enforcement Officers and Firefighters, and therefore, was not
comfortable with taking a position or acknowledging the City's position and wished to abstain
from this one item.
City Manager Rod Gould explained that the City Council had taken positions on all of the
legislation on that page and this was simply a report of where those bills stand in the process.
Councilmember Phillips indicated he was aware of this fact; however, he would like to abstain
from this one item.
Councilmember Phillips moved and Councilmember Heller seconded, to approve the staff
recommendation, Councilmember Phillips acknowledging that he was not taking a position
regarding SB440.
S1552 (Murkowski) Protecting the Rights of Individuals Act - SUPPORT
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Vice -Mayor Phillips from SB440 only.
PUBLIC HEARINGS:
10. Public Hearing —
CONSIDERATION OF AN URGENCY ORDINANCE EXTENDING INTERIM URGENCY
ORDINANCE NO. 1812 — "AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN
RAFAEL ENACTING A MORATORIUM TO TEMPORARILY PROHIBIT GRANTING OF
APPROVALS FOR, OR ISSUANCE OF PERMITS FOR, SECOND STORY ADDITIONS TO
EICHLER AND ALLIANCE HOMES IN SPECIFIED NEIGHBORHOODS OF NORTH SAN
RAFAEL, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858" (CD) —
FILE 10-7 x 10-2 x 9-3-85
Mayor Boro declared the public hearing opened
City Attorney Gary Ragghianti stated that as indicated in the staff report of August 18, 2003, an
Interim Urgency Ordinance was adopted pursuant to the Government Code just articulated. He
reported that by statute, that Interim Urgency Ordinance expires 45 days after its enactment, in
this case, on October 2, 2003, and since the City Council would not meet before October, the
matter was agendized this evening for Council consideration.
Mr. Ragghianti stated the staff report pointed out that as with the adoption of the Interim
Urgency Ordinance, findings are contained in this instrument, which again, capture and recite
the public welfare, health and safety issues that are of a concern to Council and were the
reason for the adoption of the Interim Urgency Ordinance. He indicated they remain in the
ordinance for Council consideration this evening.
Reporting that Government Code §65858 permits extension of the Interim Urgency Ordinance
for up to ten months and fifteen days, Mr. Ragghianti stated it required a four-fifths vote of the
Council to approve.
Mr. Ragghianti indicated he would be happy to answer questions and invited Community
Development Director Bob Brown to make any additional remarks he wished in connection with
the work the Community Development Department is undertaking in connection with
instructions given with regard to the Interim Urgency Ordinance.
Mr. Brown stated that staff had initiated work on the study and were meeting with the
SRCC Minutes (Regular) 09/15/2003 Page 3
SRCC Minutes (Regular) 09/15/2003 Page 4
Federation of San Rafael Neighborhoods on Tuesday, September 16th and with residents of the
affected properties in North San Rafael on Wednesday, September 17, 2003. Even though
staff was suggesting that the moratorium be extended the full ten months and fifteen days,
which would take it to July, 2004, Mr. Brown stated it was intended to complete the study this
year and get into public hearings late this year or early next.
Cliff Meneken, 33 Serra Way, San Rafael, as a member of the Santa Margarita Neighborhood
Association, urged the City Council to support the recommendations annunciated in the report
for the reasons given.
There being no further comment from the audience, Mayor Boro closed the public hearing.
Councilmember Cohen stated it appeared to him that similar conditions pertained that led
Council to initially adopt the Interim Urgency Ordinance. He believed staff was moving quickly
to address the situation and it was entirely appropriate to extend the Interim Urgency
Ordinance.
The title of the ordinance was read:
"AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL EXTENDING
INTERIM URGENCY ORDINANCE NO. 1812 ESTABLISHING A MORATORIUM TO
TEMPORARILY PROHIBIT GRANTING OF APPROVALS FOR, OR ISSUANCE OF
PERMITS FOR, SECOND STORY ADDITIONS TO EICHLER AND ALLIANCE HOMES IN
SPECIFIED NEIGHBORHOODS OF NORTH SAN RAFAEL, PURSUANT TO CALIFORNIA
GOVERNMENT CODE §65858"
Councilmember Cohen moved and Councilmember Phillips seconded, to dispense with the
reading of the ordinance in its entirety, and refer to it by title only, and adopt Interim Urgency
Ordinance No. 1814 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
COUNCIL CONSIDERATION:
NEW BUSINESS:
Cohen, Heller, Miller, Phillips and Mayor Boro
None
None
11. CONSIDERATION OF RESOLUTION ADOPTING PROTOCOLS AND PRIVACY
STATEMENT IN RESPONSE TO U.S.A. PATRIOT ACT (CM) — FILE 9-1 x
City Manager Rod Gould reported that on October 26, 2001, in the wake of the devastating
attacks on America, the USA Patriot Act was signed into law. He indicated that the Act gives
Federal Law Enforcement Officials broader authority to conduct electronic surveillance and
wire taps, carry out secret searches of private residences and to obtain records on individuals
being maintained by third parties, in connection with investigations of foreign intelligence,
international terrorism and clandestine intelligence activities.
Mr. Gould reported that the USA Patriot Act was passed by the Congress in great haste; a
number of the procedural rules that would normally pertain were not followed. He indicated
that since then, many prestigious legal organizations had studied the Act and determined that
a number of its provisions subvert the U.S. Constitution.
Mr. Gould stated that on July 30, 2003, the American Civil Liberties Union and six Muslim
groups brought the first Constitutional challenge of the USA Patriot Act in federal court in
Michigan. Also, a number of jurisdictions in Marin County have taken positions in opposition to
the USA Patriot Act as inconsistent with due process and the Constitutional principles. He
reported that last spring, at a number of Council meetings, citizens requested that the San
Rafael City Council take a position on the USA Patriot Act. He added across the country, more
than 160 communities in 27 states had passed resolutions against it.
During those meetings however, Mr. Gould reported the City Council reiterated its long -held
policy position regarding federal and state policy positions. That policy could be summarized
simply as the Council concerns itself with the provision of municipal services in the belief that
the citizens of San Rafael elect the City Council to be the stewards of the City, carry out and
make its laws and provide municipal services. He indicated that likewise, they elect
representatives to the federal and state levels to make state and federal law and policy. Mr.
Gould stated it had been the belief of the City Council that it should not weigh in on state or
federal policy unless and except it impinged on the provision of municipal services. Therefore,
Mr. Gould stated that unless there was something about the federal or state bill that would
affect the way in which the City provides services to the residents of San Rafael, the City
SRCC Minutes (Regular) 09/15/2003 Page 4
SRCC Minutes (Regular) 09/15/2003 Page 5
Council had abstained from taking policy positions in federal and state matters, just as Council
probably would not appreciate it if federal or state representatives took positions on local
policy matters in San Rafael.
That being said, Mr. Gould reported that the City Council directed staff at that time to examine
the USA Patriot Act, determine whether or not there were aspects of it that fell within current
policy and bring it back for Council consideration, and this was being done this evening.
Staff involved in this process included Deputy City Attorney, Eric Davis, Police Chief, Michael
Cronin, Library Director Vaughn Stratford and Library Manager Gail Lockman Mr. Gould
reported they met several times with representatives of a local civil liberties group, who had
studied the USA Patriot Act in great detail; Stephen Bingham, David Glick and Beth Lillard
were of great help in deepening staff's understanding of this very complex set of laws. Further,
Mr. Gould reported that Eric Davis and Police Chief Cronin communicated with the regional
F.B.I. headquarters to discuss the proposed protocols.
Mr. Gould reported that the USA Patriot Act is a voluminous document; it is a number of
different laws all bundled together and cross-references numerous other federal laws and
regulations. He indicated staff's review was confined to those aspects of the USA. Patriot Act
that would directly affect City services and the way City employees carried out their duties.
Based upon this review, Mr. Gould stated staff concluded that only Section 215 of the Act had
the potential to directly and significantly affect City services and employee duties.
He reported that Section 215 made it easier for federal authorities to gain access to records of
an individual's activities being held by a third party, including doctors, bookstores, universities,
internet services, municipalities, and particularly, libraries. Mr. Gould indicated it would allow
the F.B.I., in possession of a court order, to request the library staff to turn over information
about patrons' usage, i.e., what books had been checked out, whether or not they used the
Internet, what sites they visited, etc. Therefore, staff believed it important to provide guidance
to employees as to what to do if confronted with a law enforcement agent requesting
information or materials with a subpoena, search warrant, court order or other request for
information.
Mr. Gould stated these protocols had been developed and made broader than simply just
responses to requests under the USA Patriot Act, believing it to be a valid protection for City
employees and residents to have protocols that would be in place in the event of any request
for such information. He commented that staff believed they should be kept simple to enhance
the chance they would actually be followed.
To ensure employees' and residents' Constitutional rights were being protected, staff set the
protocols included in this evening's packet and Mr. Gould believed they could simply be
summarized as follows:
The Department Director or Mid Managers/Assistant Directors in each department would be
the keepers of the records of that department. Should an employee be approached by a law
enforcement officer requesting information regarding a resident, citizen or user or that
department's services, the employee should direct them to his or her Department Director.
The Department Director is then to check the identification of the law enforcement agent, call
his or her office and confirm the identification and to alert the City Attorney's Office.
Subsequently, with guidance from the City Attorney's Office, determine how to assist the law
enforcement officer. Mr. Gould indicated that this way staff could guarantee that such requests
for information or materials would be fully within the color of the law and would protect
everyone's rights fully.
Further, Mr. Gould stated staff believed it was important to provide library patrons a statement
of privacy and how their private information would be handled by the San Rafael Public
Library. He indicated that this action had been suggested by the American Library
Association, which had encouraged all Librarians to follow suit. Mr. Gould stated that this
policy statement was attached for Council consideration this evening.
Mr. Gould stated it should be noted that there were a number of other regulations adopted
about the same time as the USA Patriot Act, which could impinge on the delivery of municipal
services; however, staff had confined its investigation for the purposes of this evening's
meeting to the USA Patriot Act itself.
Based on conversations with Stephen Bingham, David Glick and Beth Lillard, as well as
representative of the F.B.I. office, Mr. Gould stated staff believed the Protocols and the Privacy
Statement before Council were warranted and useful. Further, the Chief Counsel of the
Regional F.B.I. office indicated he had reviewed dozens of similar policies and wished the San
Rafael Protocol could serve as a model for other cities.
Mr. Gould noted Council had taken positions in the past on issues somewhat related to the
SRCC Minutes (Regular) 09/15/2003 Page 5
SRCC Minutes (Regular) 09/15/2003 Page 6
USA Patriot Act, and on April 21, 2003, took a position in support of Federal Bill HRI157,
authored by Representative Sanders, that would address some of the aspects of the USA.
Patriot Act that put library employees in the potential position of violating Constitutional rights,
and he stated this was viewed as fully proper within the confines of Council policy.
Similarly, this evening, Council had just taken action on S 1552, the Murkowski Bill, which
would further limit access to library records as regards the USA Patriot Act.
Mr. Gould reported it appeared that Congress had now begun to consider amendments to the
USA Patriot Act. On July 23, the House agreed to an amendment that would ban federal law
enforcement from carrying out secret searches without notifying the target of the warrant.
Similarly, the House rejected an amendment which would have withheld federal funds from
state and local law enforcement agencies that refused to comply with federal inquiries on
citizenship or immigration status of individuals. Mr. Gould indicated it was the second proposed
amendment to the USA Patriot Act that gave great pause.
Indicating it had been a concern on the part of the Police Department and a number of
residents that San Rafael Police would be requested to serve in the rolls of Immigration and
Naturalization Enforcement Officers, Mr. Gould stated it had long been the City's policy and
practice not to do so. He indicated the City had not sought to enforce the laws of the nation on
immigration for two reasons:
a) Lack of authority — which lies strictly with the federal government; and
b) It would run counter to the philosophy of community policing, which had been built and
nurtured in the community and would deprive the City of the cooperation of a number of
residents should people be stopped to inquire as to their citizenship status. This did
not mean to infer, however, that the City would not cooperate with I.N.S. if requested to
do so, and in the case where felons are arrested who turned out to be non -citizens,
they are turned over to the I.N.S. routinely, and would continue to do so.
Mr. Gould stated, however, staff believed it important for the City to go on record as opposing
any attempts to amend the USA Patriot Act to require the use of local law enforcement officers
as enforcers of immigration laws.
Reporting that in August, Attorney General John Ashcroft began a series of 16 meetings
throughout cities across the country to defend the USA Patriot Act, Mr. Gould stated the
Justice Department sent all the cities in the country a paper entitled "The USA Patriot Act:
Detailed Myth vs. Reality," which staff had reviewed. He indicated that pages 12 — 14 were
attached which address Section 215, the focus of this evening's analysis, for Council
consideration.
Mr. Gould stated it was staff's conclusion that the proposed Protocols and Privacy Statements
are still advisable despite the assurances found in the paper.
Mr. Gould stated that a week ago the President called for significant expansion of federal law
enforcement powers under the USA Patriot Act, including federal law enforcement agencies to
issue so called "administrative subpoenas" in terrorism cases without getting the approval from
a judge or grand jury.
Mr. Gould stated the USA Patriot Act is very much a moving piece of legislation and one the
City would need to keep an eye on.
Should Council concur with the above analysis, Mr. Gould stated the appropriate action would
be a motion to approve the attached resolution involving protocols for requests for information
by law enforcement officials and the privacy statement for the San Rafael Public Library.
Regarding Exhibit A, #5 of the Protocol information — should anyone receive a warrant or court
order, they are allowed to immediately go to the City Attorney - Councilmember Heller inquired
whether this violated the "gag" order.
Deputy City Attorney Eric Davis stated it was staff's interpretation that this was not a violation
of the Act in any way. He explained that in the case of an order or subpoena to the City, the
City is the responsible responding party and the City Attorney could appropriately advise the
City on how to respond. He, therefore, did not see this as an issue at all, nor had he heard of
anyone suggesting otherwise.
Mayor Boro noted that Police Chief Cronin had discussions with the regional and local F.B.I.
on this issue. He commended City Manger Gould, Police Chief Cronin and staff, and others
who would address Council this evening, for their work on this effort. He stated the City was
trying to ensure that what was generated would be truly in the spirit of meeting the needs of
SRCC Minutes (Regular) 09/15/2003 Page 6
SRCC Minutes (Regular) 09/15/2003 Page 7
the USA Patriot Act, while at the same time protecting City employees and the citizens of the
community, and he invited Police Chief Cronin to address the discussions he had with the law
enforcement agencies and their reaction.
Police Chief Michael Cronin stated that both the local office and the regional office in San
Francisco believed the policy was well grounded in the law, is imminently reasonable and
would not unduly restrict them in the execution of their responsibilities. He indicated it was
consistent with the records release policies that had been in place in the Police Department,
which deals with this on a far more common basis than other departments, and they saw no
problem.
Noting a number of people wished to speak, Mayor Boro invited Beth Lillard to address the
Council.
Beth Lillard, 17 Fox Lane, San Anselmo, stated that for all twelve years she had lived in Marin
County she had worked in San Rafael and San Rafael was her library. She indicated she
worked in the community in San Rafael also, with drug addicts, homeless people, those with
hepatitis C and HIV; therefore, in a lot of ways, she believed this was her town.
Ms. Lillard expressed regret that Mayme Hubert could not be present this evening and she was
wearing pearls in her honor.
Ms. Lillard stated that a lot of people worked really hard over the last five months to arrive at
this juncture. She thanked Councilmember Miller for his heart and encouragement and with
regard to City Manager Gould, she stated that not only was this a moving piece of legislation,
but Mr. Gould had a moving brain. She indicated she had enjoyed working with him for his
flexibility and diligence and she believed it had been a true partnership with all learning a lot
about the Department of Justice and the USA Patriot Act.
Reporting on an article in to -day's Marin Independent Journal, Ms. Lillard referred to the
headline on the second page to the effect that "The USA Patriot Act is now being abused and
used for criminal actions." She indicated it could be seen from Mr. Gould's staff report and
heard from speakers, that Republicans had been crossing the isle in Washington, not being
really thrilled with what had been going on with this either. Ms. Lillard commented that for
President Bush to use the occasion of the second anniversary of September 11, 2001 to
deliver a speech addressing broadening the powers of the Department of Justice, was at the
very best in very poor taste.
As remarkably comprehensive as what is being done tonight is, Ms. Lillard stated that
unfortunately, it was only a first step. She thanked the City Council for considering the issue
and indicated that most were very pleased to have been involved in the process. She reported
that James Geraghty produced some buttons stating "The Bill of Rights is alive and well in San
Rafael" and she presented the Mayor, Councilmembers and staff with some.
David Glick, 297 Cascade Drive, Fairfax, stated he previously resided in the Sun Valley area of
San Rafael and had worked in San Rafael over many years as a psychotherapist and family
therapist. He thanked the City Council for the opportunity to address them, especially thanking
City Manager Rod Gould and Deputy City Attorney Eric Davis, who, with the blessing of Mayor
Boro, cooperated to bring the resolution before the City Council.
Mr. Glick reported that Winston Churchill once remarked "a lie gets half -way around the world
before the truth even has a chance to get its pants on." He stated that many believed, as he
did, that the Bush Administration misled the Congress and the American people when it told
Congress it needed to pass the USA Patriot Act to protect the nation from any further acts of
terrorism.
Mr. Glick reported that the recently released bipartisan House and Senate inquiry into the
September 11 terrorist attacks revealed that law enforcement and intelligence agencies should
have been able to uncover the 9/11 plot had it not been for warnings that were ignored, failure
to follow up on leads, refusal to share information due to bureaucratic rivalries, the absence of
a single clearinghouse for assessing terrorist threats and an antiquated computer system that
hampered the ability to retrieve and analyze information.
Whether or not one believed the Congressional inquiry went far enough, Mr. Glick stated it was
clear this country did not then and does not now need the USA Patriot Act to keep citizens free
from terrorism. He indicated that law enforcement and intelligence agencies had all the
necessary tools to do the job. No further legislation or additional police powers were needed;
the simple, difficult truth is that the job was botched.
Reporting that realization was fast gaining ground in Congress, Mr. Glick stated that recently
the House, in an overwhelmingly bipartisan vote, supported an amendment to a funding bill by
SRCC Minutes (Regular) 09/15/2003 Page 7
SRCC Minutes (Regular) 09/15/2003 Page 8
Republican Butch Otter of Idaho, which rejected one of the worse provisions of the Patriot Act.
The amendment bars federal law enforcement from implementing the infamous "sneak and
peak" delayed notification warrants and Republican Senator Murkowski of Alaska and
Democratic Senator Wyden of Oregon had introduced legislation scaling back some of the
other very troublesome features of the Patriot Act. Mr. Glick stated that predictably, the
President's response had been to seek to further expand the powers of the USA Patriot Act.
He is also sending Attorney General Ashcroft around the country to meet in closed door
meetings with law enforcement officials to shore up support and counter criticism of the Act by
putting out what many in the Civil Liberties community feel is false information.
Mr. Glick noted the USA Patriot Act was passed a mere 6 weeks after 9/11 in the atmosphere
of fear, rage, shock and sorrow, following the horrible and unconscionable terrorist acts against
the country. He stated the Bush Administration exploited those fears and rushed through
Congress the cynically named USA Patriot Act. Many of the changes in surveillance and
detention were part of a long-standing law enforcement wish list previously rejected by this
Congress. Mr. Glick indicated that few copies of the Act were available for Congress to read;
the normal deliberative process was shelved in favor of closed negotiations, with virtually no
public hearings, no public debate and the customary conference report was bypassed.
Indicating that members of Congress were bullied into voting for the Act, Mr. Glick reported
that Attorney General Ashcroft implied that opposition to the Act would be considered
treasonous. He stated there then was the explicit threat in the President's declaration "you are
either with us or you are with the terrorists." Mr. Glick stated people were aware they were
neither with the terrorists nor with this Administration around the USA Patriot Act.
Mr. Glick stated that the Patriot Act had gutted the Constitution and its Bill of Rights affecting
the lives of ordinary citizens, residents and immigrants, who had nothing to do with terrorism.
In addition, he stated the Act granted the Executive Branch vast new powers unchecked by the
customary scrutiny of the Judicial Branch, upsetting the balance of powers enshrined in the
Constitution which protects citizens from governmental tyranny.
Mr. Glick stated that among endangered rights were freedom of speech, assembly and
association, protection from unreasonable searches and seizures, equality before the law and
the presumption of innocence, access to legal representation and due process in judicial
proceedings, including a speedy and public trial.
He stated that Section 802 of the Act should be of concern to all. He explained it creates a
new crime of domestic terrorism which it defines so broadly that legal scholars across the
political spectrum, from the ACLU on the left to the American Conservative Union on the right,
all fear it would convert legitimate protest into acts of domestic terrorism, thereby chilling
political debate without which citizens would have lost the foundation of democracy. Mr. Glick
stated that this domestic terrorism clause could easily have been used to criminalize the acts
of protest of the Civil Rights Movement that led to the abolishment of segregation in the south
and the passage of the Voting Rights Act in 1965.
Mr. Glick stated that Attorney General Ashcroft was calling for yet broader powers of
investigation, detention and punishment, all of which are part of the Domestic Security
Enhancement Act, which he wrote without the knowledge of Congress and which he hoped to
pass when Congress is distracted with other pressing concerns. He stated this Act must not
be allowed to be passed.
Mr. Glick stated it should never be forgotten that many of the rights and freedoms taken for
granted today came out of the heroic struggles of the Labor Movement, the Civil Rights
Movement, the Peace Movement and the Women's Movement, all of which were forced to use
civil disobedience to secure the very rights and freedoms now enjoyed without question. He
indicated the danger of the Domestic Terrorism Clause is that it could easily be used by an
authoritarian regime to criminalize and ratchet up the penalties for what are now misdemeanor
acts of protest, such as those protesting the war in Iraq, those protesting the undemocratic
policies of the World Trade Organization, the IMF or the World Bank, those sitting in redwood
trees to prevent the clear cutting of old growth forest, or even those protesting abortions. He
noted that free speech, the right of association and assembly and the right to dissent are the
bedrock of democracy; freedom is not guaranteed, rather it must be zealously guarded if it is to
be preserved.
Mr. Glick urged the City Council to pass the resolution opposing the USA Patriot Act. In so
doing, he stated the City would be joining three states and 160 cities and counties across the
country, including Philadelphia and Baltimore and small cities, such as Fairfax, San Anselmo,
Mill Valley, Sausalito and the County of Marin, all of which passed similar resolutions. He
hoped San Rafael would be among them.
Mark Stefansky, 229 Solano Street, San Rafael, thanked the City Council for considering the
SRCC Minutes (Regular) 09/15/2003 Page 8
SRCC Minutes (Regular) 09/15/2003 Page 9
resolution opposing the USA Patriot Act; however, more importantly, he was present to request
Council's help.
As a responsible and law abiding citizen of the City, Mr. Stefansky requested protection
against the erosion of his civil rights. He explained it was precisely because he takes his
obligations as a citizen quite seriously and because he is outspoken and active in disagreeing
with government policies that he is at risk and vulnerable to the oppressive provisions of the
USA Patriot Act.
As several were aware, Mr. Stefansky stated he worked as a teacher who actively supported
teenagers in the City and County to take action and openly express their political views in a
responsible, lawful and Constitutional way.
Mr. Stefansky reported that last winter when the government prepared to wage an illegal
preemptive war on Iraq, he worked with several Councilmembers, Police Chief Mike Cronin
and members of the San Rafael Police Department to unite with the young people in high
schools, to ensure that when they marched through Downtown San Rafael and rallied and
spoke on the library lawn, they understood the legal ramifications of their actions and the
consequences of breaking the law.
He indicated the students were able to learn from this group to express themselves in a clear,
effective and responsible way and in turn, the adults learned a few things from the students,
such as they wanted to be taken seriously, had a voice that wanted to be heard and they had
something to say. Mr. Stefansky stated that when given the kind of guidance and support they
deserved, the young people of San Rafael behaved in a wonderfully admirable and inspiring
way. Working together in San Rafael as a community, a terrific opportunity was provided for
the young to discover what true democracy was all about.
Mr. Stefansky stated he reminded the City Council of this because Attorney General John
Ashcroft, the person chiefly responsible for enforcing the provisions of the USA Patriot Act, is
on record as saying that those people who oppose the Administration's policies on terrorism,
which include the USA Patriot Act, are aiding and abetting terrorism. He reported that just last
week, Donald Rumsfeld, a member of the Administration that promotes this Act stated "critics
of the war are encouragement to terrorism."
Again, stated Mr. Stefansky, these are the people who are promoting and enforcing the USA
Patriot Act. He believed he was making a fair and reasoned judgment that these people were
attempting to stifle his Constitutional right to dissent and stifle the right of young people and
others in the City to dissent.
Mr. Stefansky stated that everyone in the City should be able to express their political views,
free from fear of reprisal from the government. Given the provisions of the USA Patriot Act, in
the words of those behind its creation, he did fear reprisal from the government. He stated he
did fear the F.B.I. snooping around his library records, unknowingly searching his home and
obviously, they had no business doing any of this.
As his most immediate representatives in government, Mr. Stefansky requested that the City
Council pass the resolution before them to protect him and everyone else in the City from the
chilling effects of the USA Patriot Act. He requested help in continuing to be able to exercise
his Constitutional right to dissent, free of intimidation and harassment from the federal
government.
Mayor Boro requested that future speakers limit their comments to approximately three
minutes.
James Geraghty stated he had lived in the San Rafael Canal area for fourteen years. He
indicated he had experienced the City and how it works and protects the rights of people in the
Canal. He indicated he had watched community policing grow and how the City really cared
about its citizens in the Canal. He requested that the City continue protecting its citizens from
unwanted power and keep promoting the rights of citizens, not only in the Canal area, rather
the entire City. He encouraged vigilance and reiterated Mr. Gould's comment that an eye be
kept on them.
Mr. Geraghty reported that many students from the Middle East attending the College of Marin
disappeared right after September 11, for fear of reprisals.
Ronnie Kruseman 1741 Lincoln Avenue, San Rafael, stated he strongly believed that local
government should focus on local issues. He stated the Police Force needed to be kept
strong, the Library kept world class and schools safe for students and teachers; however, he
questioned how safe the Police Force would keep citizens if it is forced to compromise its
resources and help the government to illegally round up Arab Americans. He questioned what
SRCC Minutes (Regular) 09/15/2003 Page 9
SRCC Minutes (Regular) 09/15/2003 Page 10
good the world-class library would be if its users were aware the government was keeping
track of what they read. Mr. Krussman questioned how schools that are safe environments for
students and teachers could be maintained if they were aware their administrators could be
sharing sensitive information about their personal and political lives with the government.
Mr. Krussman stated that the great men who founded this country had a profound faith in local
government which is why they created a federal system where power would be shared
between national, state and local governments, each serving as a check and balance on the
other. Should someone infer that local government focus on local issues, he hoped the City
Council would indicate their agreement, also that they understood national policies had a
profound effect on local issues, and show them a copy of the Constitution when stating that
local government must balance national power.
Stating that today, the country clearly had enemies from without, Mr. Krussman stated there
also were enemies from within, people who would erode freedoms to support their extremist
agendas. He stated he knew and believed that America could be safe and free and that San
Rafael must be safe and free.
Mr. Krussman reported that this Sunday, the San Francisco Chronicle featured an editorial
entitled "Americans Rise Against Patriot Act." While the Chronicle is hardly a bastion of
liberalism, Mr. Krussman stated its editorial board came out strongly against the Patriot Act
and urged its repeal, concluding "The Attorney General asks that we trust the government; but
we are a democracy in which laws, not the benevolence of people who are in power at any
given time, guarantee our civil rights and liberties. History suggests it is a terrible mistake to
allow any government to police itself."
Indicating he did not believe it to be a liberal or conservative issue, rather an American issue,
Mr. Krussman noted that one of the nation's great founding fathers stated that the price of
freedom was eternal vigilance. He understood that attacks on freedom and democracy must
be stopped with vigor and without delay, because when one attack was not opposed, more
would be sure to follow, and before long, citizens would not be living in America.
Reporting that he was just twenty-six years old, Mr. Krussman stated he did not wish to live in
that type of country. He stated it was easy not to want to rock the boat and think about the
next election, and he urged the City Council to support the resolution this evening and do even
more in the future.
Kurt Eiigou stated he resided at 11 Venetia Meadows, Santa Venetia, came to San Rafael in
1974 and in his first few days in the City, came across the library. He indicated he went inside,
liked what he saw and immediately signed up for a card. While those may have been simpler,
safer times, he stated that when he goes in now he has a feeling of fear and concern, not from
foreign influences, rather from something within the government, i.e., unknown, unseen forces
that could be monitoring his humble reading habits for unknown reasons, which made him
afraid for his liberties and those of his fellow citizens. He paraphrased Benjamin Franklin when
he stated that those who would give up some of their liberties in the pursuit of security would
end up with neither. He urged the City Council to vote affirmatively.
Laura O'Connor, 308 Laurel Place, thanked City Manager Gould, together with Ms. Lillard, Mr.
Bingham and Mr. Glick for all their hard work. She stated she was a fifteen -year resident of
San Rafael and twenty-one year Marin County resident; she has owned a business in San
Rafael for ten years and is a member of the San Rafael Chamber of Commerce.
Ms. O'Connor stated she had grave concerns about the overreaching ramifications of the USA
Patriot Act generally. More specifically, however, she addressed her concerns as a citizen,
resident and business owner in San Rafael. She indicated that she first became aware of the
Act when she heard Congressman Dennis Kucinich, state that when given the document it was
approximately one and one half inches thick, and they were requested to read and sign it in a
few hours; Congressman Kucinich was one of the few who did not sign it as he is in the habit
of reading bills before signing them. Ms. O'Connor stated that on the last occasion on which
she heard him speak she ascertained that he, Congresswomen Woolsley and Lee were
discussing an appeal bill of the entire Patriot Act.
Ms. O'Connor stated it really struck her to read that the Patriot Act allows the FBI to obtain a
court order that would require any person or legal entity to submit records on their clients and
customers, and to her, this put everyone at risk of violating not only their personal
Constitutional rights, but those of clients also. She indicated she was aware of several
lawsuits and challenged the language "fiscal ramifications are negligible" as to be under threat
of lawsuits for violating the Constitution, the City is definitely at fiscal risk.
She stated the resolution was brilliantly written and covered all the ways the City could act as a
first step, and she encouraged its adoption.
SRCC Minutes (Regular) 09/15/2003 Page 10
SRCC Minutes (Regular) 09/15/2003 Page 11
Elizabeth Ferris, 15 Tan Oak Circle, stated it had been a long time since she addressed the
City Council because people were doing their jobs. She reported she has an adopted son
from a totalitarian country; he was a refugee for nine years in another country and when she
adopted him at nine years old, she guaranteed she would bring him to a country where his
rights and freedoms would be secure. Ms. Ferris stated he is now sixteen and has just
obtained citizenship and he questioned whether she (Ms. Ferris) was wrong. She indicated
she was counting on the City Council to make her right and thanked them for what they had
done for her family and other families.
Newcomb Barger, San Rafael, stated he had an article written by a Tech writer for the San
Francisco Chronicle, concerning the electronic voting fix, which would mean there was no
possibility of democracy left in the country if votes could be changed between when taken and
when projected to something that counts it through the air. He commented that the software is
proprietary, no one can look at it, and he could see no reason to have secrets to count votes
unless it was intended to manipulate the count. He submitted the article to City Manager
Gould.
Kaitlyn Lydell, 11 Warner Court, San Rafael, stated she had been a San Rafael resident for
twenty years. She indicated this was a very personal issue for her and her community and
while not tending to be involved in government, she was really involved now. Reporting that
she is a psychotherapist and artist, she stated she is also an advocate for the children,
adolescents and families.
Ms. Lydell reported that she grew up in an extremely abusive household and values her
freedom very much. Having spoken up she had been disowned; however, she stated she had
always spoken up when she saw the truth. Ms. Lydell indicated that this was not a
conservative or liberal issue, rather it was about being awake and aware and seeing the truth.
She reported having participated in a peace march in downtown San Rafael this year for the
first time in her life, believing it to be beautiful because she spoke up. She stated she now
feels frightened for herself and anyone who speaks up and did not feel free in her own country,
nor was she proud to be here anymore.
Ms. Lydell stated she appreciated the attention the City Council was giving to this issue and
was very proud of City Manager Rod Gould, whom she deemed to be brilliant.
John Jenkel, Greighton, stressed that had one thing been learned since 9/11, it was that the
Bush Administration could not be trusted for anything. He urged the City Council to support
blocking the USA Patriot Act which would be the beginning of bringing down this evil
Administration. He urged the City Council to re-evaluate amending House Joint Resolution
#20.
Bharath Sitaraman stated he was a sophomore at Terra Linda High School. He questioned
how citizens could feel secure because of checks on reading habits, internet use, etc., due to
the USA Patriot Act.
Steven Bingham, Terra Linda, stated he appreciated the vote taken earlier this evening on the
Eichler/Alliance homes. While it could seem disconnected, he stated that in a certain sense,
people were in attendance this evening because of how they live. Whether two or one stories,
being scared was not fun and one could be scared even in San Rafael.
Mr. Bingham reported that shortly after 9/11 when he had a sign in his car stating "Justice not
Vengeance," a death threat was placed on his windshield. He stated he was not pleased with
the reaction of the police, who basically indicated that had the sign not been in his car, this
would not have happened.
Thanking the City Council, Mr. Bingham particularly thanked City Manager Gould and Deputy
City Attorney Eric Davis, noting the City had a good way of doing business. He indicated there
was a seriousness of purpose and it was understood from the beginning that the City Council
and City Manager did not want too much fluff, rather essentials, in the resolution.
Of all 160 towns and cities, Mr. Bingham stated he had not found a single one that attached
the Protocols to the Resolution. He believed this to be very important and commended the
City Council for their anticipated affirmative vote. He considered this very important to do, as it
got down to what happens "when the rubber hits the road and someone walks in the door with
a badge."
He also commended the fact that the resolution itself makes explicit for the first time the City's
long tradition of community policing and what it means in terms of not pursuing immigrants for
INS violations. While the staff report indicates there is no authority to do this, Mr. Bingham
stated that unfortunately, he could report that many places in the country do it anyway. That it
SRCC Minutes (Regular) 09/15/2003 Page 11
SRCC Minutes (Regular) 09/15/2003 Page 12
is not done here and is now explicit policy, he believed sends a very strong message to the
immigrant community.
Mr. Bingham stated it should not be forgotten that much of what is taking place is probably one
of the most egregious assaults on immigrants since the Sedition Act and the Alien Acts of the
earlier parts of last century, and while some could feel comfortable being citizens, other are
languishing in Guantanamo Bay with absolutely no process of any kind.
Mr. Bingham stated the staff report noted that this is limited to Section 215. While it is a very
well thought out good first step, he stated it did not stop there. He urged the City Council to
create in some fashion an ongoing either task force or staff work, with help from the
community, to evaluate other ways in which this local nexus could be viewed in terms of what
is happening at the federal level. He cited Palo Alto where they evaluated different things,
particularly, that the Police Department should or should not be doing. He noted there was
also information asked of the federal government by Palo Alto that San Rafael could also ask,
in order to ascertain what federal activity was taking place in San Rafael.
Mr. Bingham indicated the staff report noted that the City should oppose any amendments to
laws and regulations that compel the police to enforce immigration laws and he believed it
would be helpful to develop a process to evaluate what some of these are with regard to
regulations and orders from the Justice Department over the last year and a half.
He indicated the staff report also notes specifically, federal regulations that could very well
affect City residents.
In conclusion, Mr. Bingham drew Council's attention to Pages 12-14 attached to this evening's
packet and noted that the author was John Ashcroft. He drew Council's attention to the
statement that Section 215 required FBI Agents to obtain a court order. He explained this was
not a court order in that if the document, which is pre-printed, is completed correctly by the
Agent, the judge has no authority not to sign it, and indicated that the judge's authority is
clerical. He noted that immigration judges demonstrated because they were having power
taken away from them by Homeland Security. Without vigilance, he stated there could be a
system that removes courts from the process. That this is stated in such bald-faced terms is
absolutely misleading, noting this is the highest law enforcement officer in the land.
In looking at polls, Mr. Bingham stated that one of the sad things is that most people are not
that worried about this, i.e., 20 — 30%, and he questioned why. He stated that the Constitution
is somewhat in the background for most people and he believed a start could be made in San
Rafael to change this. He indicated that debates in schools centered around the Bill of Rights,
the USA Patriot Act, Search and Seizure, etc., had been suggested. He stated there was a
dangerous trend and young people were needed to come into the system to fight against that.
He thanked the City Council for the anticipated unanimous vote and he thanked staff and
particularly, City Manager Gould for the excellent work.
Sharon Fox stated her younger brother was supposed to retire on September 15, 2001. She
reported that his offices were in the Twin Towers; however, he was not there on September
11, 2001 and for this his family was very grateful.
When evaluating giving a certain amount of power to certain agencies, Ms. Fox stated it is also
necessary to hold them accountable.
She expressed gratitude for the work done by City Manager Gould, noting Councilmember
Miller's work with the teenagers. She hoped the right action would be taken.
Councilmember Miller stated that the testimony this evening spoke to the eloquence of the
human spirit in its drive for freedom and fulfillment and to that he could add nothing other than
to say he would vote aye.
Councilmember Cohen thanked City Manager Gould, Deputy City Attorney Davis, members of
staff, Mr. Glick, Mr. Bingham and Ms. Lillard, and all those who worked with the City Council to
stay true to the concept of what they are to do as the local government representatives, yet
afford them the opportunity to speak out on behalf of the protection of the community.
Councilmember Cohen stated he was a patriot and resented the appropriation of that word by
those who would have citizens trade liberty for illusory security. He stated that the principles
on which this country was founded, in addition to freedom of speech and assembly, include the
right to be free from unwarranted intrusion and be protected from governmental abuse of
power. He indicated that those principles are as valid today as when the Bill of Rights was
drafted, and perhaps, there is even more need of them today in the electronic world. He stated
that defense of democracy requires an ardent defense of civil liberties and to do any less
SRCC Minutes (Regular) 09/15/2003 Page 12
SRCC Minutes (Regular) 09/15/2003 Page 13
would be unpatriotic. To the extent that tonight's action were a step on that road,
Councilmember Cohen stated he would gladly vote in favor.
Councilmember Heller thanked staff, noting they did a very nice job on this. She stated she
appreciated early on talking to many in the community. She appreciated their understanding
the City's policy of thinking things through, taking one step at a time and breaking things down
to ascertain the impact on local citizens. She thanked those in attendance for assisting with
that process and believed staff had come up with a very good product.
Councilmember Phillips stated he was struck by the comments and thoughtful presentations of
San Rafael residents and neighboring communities, and he appreciated the large attendance
for this important issue.
Indicating he agreed with the majority of comments, Councilmember Phillips stated the City of
San Rafael was fortunate in having an extremely competent staff. He noted the
acknowledgements of City Manager Gould's efforts and being a strong supporter of his,
Councilmember Phillips stated he greatly appreciated the attendance and the recognition of
the City's wonderful staff. He stated the community had helped considerably with the process
and he, too, would vote affirmatively.
Mayor Boro stated he was impressed with the positive spirit evident this evening. He was also
impressed with the fact that a very fine line was drawn as to where Council wanted staff to go
and how to pursue this issue, as the desire was to do something meaningful. Mayor Boro
stated there was concern regarding how employees would react should they be requested to
provide information; there was concern about those who use the library, what they needed to
know, what the practices were and how this could be promulgated. He stated there was also
concern about the general members of the San Rafael community and the understanding that
should something be asked of the City about them, policies were in place that met the City's
needs to allow Police Officers and City Attorney to do their jobs.
Mayor Boro thanked Mr. Bingham, Mr. Glick and Ms. Lillard; Mr. Gould for working with the
Police Chief and City Attorney's Office, and in turn, all working together. He also thanked
Police Chief Cronin for working with the FBI representatives.
Mayor Boro stated he was pleased to support the resolution and invited a motion.
Councilmember Miller moved and Councilmember Cohen seconded, to adopt the resolution.
RESOLUTION NO. 11418 — RESOLUTION OF THE CITY OF SAN RAFAEL IN
RESPONSE TO USA PATRIOT ACT
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. CONSIDERATION OF RESOLUTION IN SUPPORT OF A STATEWIDE BALLOT INITIATIVE
TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL
TAX FUNDS (CM) — FILE 9-1
City Manager Rod Gould stated that last Wednesday, Councilmember Heller joined
representatives of over 400 California cities in taking what he believed to be an historic action.
He explained that all the delegates to the League of California Cities Convention in
Sacramento voted to support a ballot initiative for the November, 2004 election that would
amend the State Constitution to prohibit the State of California from borrowing, redirecting,
expropriating or stealing local revenues without voter approval of the citizens of California.
Mr. Gould stated this was a very bold step for a loose collection of cities that lobbies for good
government and for local control. He indicated it had been the ongoing pattern through the last
three decades that whenever the State of California gets into fiscal trouble it helps itself to local
revenues, not just in bad times, rather ongoing through the good times also.
Since 1991 alone, Mr. Gould stated that more than $30 billion of local property taxes had been
drained from local governments as part of the so-called ERAF shift. To cities he stated this
had cost $800 million this year, or $6.9 billion of lost property taxes in just the last twelve
years. He indicated there also were plenty of other taxes and revenues that had ceased to
come the City's way as a result of state action.
Mr. Gould stated this continues to cost San Rafael over a million dollars a year which could
dearly be used in these difficult budget times. He reported that the legislature and Governor's
action in August to adopt a state budget for 2003-04 cost the City over an additional $800,000
which comes directly out of City services and projects.
SRCC Minutes (Regular) 09/15/2003 Page 13
SRCC Minutes (Regular) 09/15/2003 Page 14
Mr. Gould reported that the city delegates to the League of California Cities Convention
determined that if nothing was done, things could only worsen. He stated that the initiative
language was still being fine tuned; however, essentially it would do two things:
• Require a public vote, two-thirds of the legislature and then a majority vote of the
electorate, before the state could reallocate, reduce or suspend any payment of local
tax revenues, i.e., vehicle license fees, property tax, sales tax and the like, all
protected for cities, counties and special districts;
• Similarly, it would force repayment for unfunded mandates; therefore, should the state
take the monies from an action or program that was required, it would be forced to fund
it.
Mr. Gould stated the thinking is that this would require a tremendous fund-raising effort
throughout the state, estimated to cost $9.7 million to gather the signatures, mount the
campaign to win, and this assumed fairly mild opposition; serious opposition would drive that
figure higher.
Mr. Gould indicated that every city would be requested to raise funds and no taxpayer dollars
could be used for this purpose. He stated the City Council would be requested to assist in
identifying individuals and organizations that could contribute. He noted that San Rafael's
share of this effort would be approximately $19,000, which he believed was possible to
achieve.
Reporting that the League had developed a political action committee called Citypack, Mr.
Gould stated Lydia Romero had some information she would distribute to the City Council. He
stated that all cities were now being requested to adopt a resolution, such as that attached to
the staff report, and he introduced Amy O'Gorman, the City's grassroots coordinator. He
indicated she is an employee of the League and her job as well as seven others up and down
the state was to work with cities to get the word out and increase the voice in Sacramento.
Mr. Gould stated this would be the principal work of the League of California Cities for the next
year and a quarter, developing the initiative, push and fund it and win it. He was hopeful the
resolution would be approved this evening to commence the process.
Amy O'Gorman stated it was an honor to be present this evening. She explained she was the
new regional representative with the League of California Cities. She indicated the vote was
unanimous by the city delegates at the Annual Conference last Wednesday, and she
encouraged support of the resolution.
The City's representative Councilmember Heller stated this would be a huge effort and she
would be working with Mr. Gould and Ms. O'Gorman, who was well versed in politics and had
an excellent political background that would assist with the process. She indicated she was
looking forward to it and would hold discussions with other Councilmembers immediately after
the first week in November, moving forward from there.
Councilmember Heller noted that Police Officer Joel Fay was honored, as was Police Chief
Cronin.
On that note, Mr. Gould stated a representative of the League of California Cities had offered
to attend a future Council meeting and present the Helen Putnam award for excellence to the
San Rafael Police Department and Joel Fay for the Mental Health Outreach Program. He
stated he would discuss scheduling the presentation.
Mayor Boro stated his reaction to this issue was "it's about time." He believed the state had to
be accountable for their decisions, noting the state had been robbing from the cities to make
up for their problems. He indicated it was not right or fair and did not serve the people of this
or any community. Mayor Boro stated the City has to follow certain laws and the state should
do likewise. He believed this resolution was very positive and believed finally, people were
learning that the problem is not just the Governor, who does have a big problem, rather the
entire legislature, as the way they act is not for the betterment of the communities they serve.
He considered them to be very self-serving and believed people were beginning to understand
that. He stated he would support the resolution and hoped it would be passed.
Councilmember Heller moved and Councilmember Phillips seconded, to adopt the resolution.
RESOLUTION NO. 11419 — RESOLUTION OF THE CITY OF SAN RAFAEL IN
SUPPORT OF A STATEWIDE BALLOT INITIATIVE TO
REQUIRE VOTER APPROVAL BEFORE STATE
GOVERNMENT MAY TAKE LOCAL TAX FUNDS
SRCC Minutes (Regular) 09/15/2003 Page 14
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
COUNCILMEMBER REPORTS:
13. None.
SRCC Minutes (Regular) 09/15/2003 Page 15
Cohen, Heller, Miller, Phillips and Mayor Boro
None
None
There being no further business, the City Council meeting was adjourned at 9:44 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12003
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 09/15/2003 Page 15