Loading...
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