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Home My WebLink AboutCA Memorial Bench for Judge Richard H. Breiner____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: January 21, 2025 Disposition: Resolution 15366 Agenda Item No: 4.b Meeting Date: January 21, 2025 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: City Attorney Prepared by: Robert F. Epstein City Attorney City Manager Approval: ______________ TOPIC: MEMORIAL BENCH FOR JUDGE RICHARD H. BREINER SUBJECT: APPROVAL OF LICENSE AGREEMENT AND MEMORIAL BENCH RECOMMENDATION: Adopt a resolution approving license agreement with SHM Loch Lomond LLC and plan for Memorial Bench for Judge Breiner. BACKGROUND: The Honorable Richard H. Breiner (known as "Dick" to his friends) was a long-time resident of the City prior to his death on February 26, 2022. Dick was a lawyer for 17 years and a judge on the Superior Court for 20 years. He was a mensch who was loved, cherished, and respected beyond measure. In 1960, Dick married Dorothy (“Dottie”) Landau. (In 1981, Dottie was the first woman elected to the City Council.) In 1964, Dick answered a nationwide call from CORE (Congress of Racial Equality) and SNCC (Students Nonviolent Coordinating Committee) for lawyers from around the country to go to Mississippi and take depositions of African Americans in that state who were not allowed to register to vote, resulting in losses for the newly formed Freedom Democratic party. He bravely went to Mississippi, enduring threats on his life while there. The depositions were bound and delivered to the House of Representatives, and it is believed that those depositions helped facilitate the passage of the Civil Rights Act of 1965. In 1965, Dick began a private law practice in San Rafael. He served as Deputy Public Defender for the County of Marin from 1965 to 1970, Deputy City Attorney for the Town of Tiburon from 1965 to 1977, City Attorney for the City of Belvedere from 1976 to 1977, and Special Counsel for the Cities of San Rafael, Sausalito, Mill Valley, and Ross. He was also President of the Marin County Bar Association in 1977. Dick was appointed to the Marin County Superior Court in 1977 by Governor Jerry Brown. He served as the Presiding Judge of the Marin County Superior Court from 1980-1981, 1985, 1987-1988, and 1993. He also served as Associate Judge Pro Tem on the California Court of Appeal in 1983, as Associate Justice Pro Tem for the California Supreme Court in 1985, and Presiding Judge for the Marin County Superior Court Appellate Court in 1982 and 1984. He was re-elected to the Superior Court without opposition in 1978, 1984, and 1990. ANALYSIS: From time to time, the City chooses to recognize the unique contributions of an outstanding member of the community through the installation of a memorial bench. Through consultation with the Breiner family, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 a site was selected at the end of the breakwater path at Loch Lomond. There currently is a bench in place at that location. The attached resolution authorizes (1) the City's execution of a license agreement with the property owner to allow for the City's installation and maintenance of the memorial; and (2) the installation and maintenance of a memorial plaque and, if and when necessary, a new bench. FISCAL IMPACT: The cost of a bench with plaque varies from $1,600 to $3,500. Therefore, the maximum cost would be $3,500. This cost can be absorbed in the approved fiscal year (FY) 24-25 budget. OPTIONS: The City Council has the following options to consider on this matter: 1.Adopt resolution. 2.Adopt resolution with modifications. 3.Direct staff to return with more information. 4.Take no action. RECOMMENDED ACTION: Adopt a resolution approving license agreement with SHM Loch Lomond LLC and plan for Memorial Bench for Judge Breiner. ATTACHMENTS: 1.Proposed resolution with attached license agreement. RESOLUTION NO. 15366 RESOLUTION AUTHORIZING EXECUTION OF LICENSE AGREEMENT WITH SHM LOCH LOMOND LLC AND INSTALLATION OF MAINTENANCE OF MEMORIAL BENCH AND PLAQUE HONORING THE LATE HONORABLE RICHARD M. BREINER, JUDGE OF THE SUPERIOR COURT WHEREAS, the late Richard M. ("Dick") Breiner, who died on February 26, 2022, was a beloved member of the San Rafael community; and WHEREAS, Dick was a lawyer for 17 years and a judge on the Superior Court for 20 years; and WHEREAS, he was a mensch who was loved, cherished, and respected beyond measure; and WHEREAS, in 1960, Dick married Dorothy (“Dottie”) Landau who, in 1981, became the first woman elected to the San Rafael City Council; and WHEREAS, in 1964, Dick answered a nationwide call from CORE (Congress of Racial Equality) and SNCC (Students Nonviolent Coordinating Committee) for lawyers from around the country to go to Mississippi and take depositions of African American residents of the state who were not allowed to register to vote, resulting in losses for the newly formed Freedom Democratic party. He bravely went to Mississippi, enduring threats on his life while there. The depositions were bound and delivered to the House of Representatives, and it is believed that those depositions helped facilitate the passage of the Civil Rights Act of 1965; and WHEREAS, in 1965, Dick began a private law practice in San Rafael. He served as Deputy Public Defender for the County of Marin from 1965 to 1970, Deputy City Attorney for the Town of Tiburon from 1965 to 1977, City Attorney for the City of Belvedere from 1976 to 1977, and Special Counsel for the Cities of San Rafael, Sausalito, Mill Valley, and Ross. He was also President of the Marin County Bar Association in 1977. Dick was appointed to the Marin County Superior Court in 1977 by Governor Jerry Brown. He served as the Presiding Judge of the Marin County Superior Court from 1980-1981, 1985, 1987-1988, and 1993. He also served as Associate Judge Pro Tem on the California Court of Appeal in 1983, as Associate Justice Pro Tem for the California Supreme Court in 1985 and Presiding Judge for the Marin County Superior Court Appellate Court in 1982 and 1984. He was re-elected to the Superior Court without opposition in 1978, 1984, and 1990; and WHEREAS, the City desires to permanently honor Dick's contributions to the community and his memory by installation of a permanent memorial bench and plaque at the end of the breakwater path at Loch Lomond marina; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael does as follows: AUTHORIZES the City Manager or her designee to execute a license agreement with SHM Loch Lomond LLC in the form attached hereto; and DIRECTS that a permanent memorial bench and plaque be installed in Judge Breiner's memory. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Tuesday the 21st day of January 2025, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk