HomeMy WebLinkAboutCC Resolution 15477 (Ralph M. Brown Act (Government Code Section 54950, Et. Seq.) Compliance)RESOLUTION NO. 15477
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESPONDING TO A
CEASE AND DESIST DEMAND DATED NOVEMBER 3, 2025 WITH AN UNCONDITIONAL
PROMISE –WITHOUT ADMITTING ANY VIOLATION OF THE BROWN ACT -- TO CEASE AND
DESIST CERTAIN CONDUCT PURSUANT TO GOVERNMENT CODE SECTION 54650.2(c)
WHEREAS, beginning on March 17, 2025, the City Council began meeting in closed session
pursuant to Government Code Section 54856.8 to consider the price and terms of payment for the
purchase of the property located at 350 Merrydale (APNS 179-041-27 & 179-041-28) (“Property”); and
WHEREAS, on November 3, 2025, several City officials received a letter dated November 3,
2025, (the “Letter”) from Paul Nicholas Boylan, an attorney representing Ken Dickinson and an ad hoc
citizens organization called “Marin Citizens for Solutions not Secrecy” (collectively referred to as “Mr.
Boylan’s Clients”); and
WHEREAS, Mr. Boylan’s Clients allege that the City committed violation(s) of the Brown Act by
discussing and purportedly acting “upon its plan to build shelter on the site in closed session”; and
WHEREAS, Mr. Boylan’s Clients further request that the City “formally rescind all prior decisions
and acts connected to the Project that took place outside of a public meeting” and that the City “issue an
unconditional promise to cease and desist violating the [Brown] Act…through the process described in
Government Code Section 54960.2.”; and
WHEREAS, on October 15, 2025, elected officials from the City attended a press conference
announcing the City’s consideration to purchase the property located at 350 Merrydale for use as an
interim shelter and permanent affordable housing; however, no City Council action was taken at that
press conference or at any time prior to or after the press conference; and
WHEREAS, on the City Council’s regular November 17, 2025, meeting, after the close of a
noticed public hearing where the public will have the opportunity to provide meaningful comments, and
after considering all of the written and verbal comments, as well as the staff report and presentations, the
City Council will consider a series of actions related to declaring a shelter crisis and the purchase of the
Property for use as an interim shelter and permanent affordable housing as outlined in the Staff Report
and its attachments for that agenda item, which is incorporated by reference; and
WHEREAS, the City Council desires to (1) respond to the letter, (2) issue the unconditional
promise requested by Mr. Boylan’s Clients; (3) deny any violation of the Brown Act, and (4) reiterate its
commitment to transparency and community engagement with the Public, and
.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES that:
1. The City Council for the City of San Rafael finds that it has ,received Mr. Boylan’s cease and
desist letter dated November 3, 2025, on behalf Mr. Boylan’s Clients alleging that: prior to meeting
in closed session on March 17, 2025, to discuss the price and terms for the purchase of the
Property, there was “no agenda item [that] informed the public that the City Council would discuss
and possibly approve the property’s purchase, and no one associated with the City agreed to
explain why the City wanted to purchase the Property” and that such aforementioned past action
of the City Council purportedly violates the Ralph M. Brown Act.
2. In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown
Act, the City Council hereby unconditionally commits, consistent with the prescribed language in
Government Code Section 54960.2 that it will cease, desist from, and not repeat the challenged
past action as described in Section 1 of this Resolution. To the extent anyone could interpret that
there was any City action on October 15, 2025, the City hereby rescinds that action, and any
action taken by the City Council prior to November 16, 2025, specific to the purchase of the
Property, excepting the City Planning Commission’s meeting taken on November 4, 2025, at a
duly noticed public meeting.
3. The City Council may rescind this commitment only by a majority vote of its membership taken in
open session at a regular meeting and noticed on its posted agenda as “Rescission of Brown Act
Commitment.” Mr. Boylan, on behalf of Mr. Boylan’s Clients, will be provided with written notice,
sent by any means or media Mr. Boylan provides to the City Clerk’s Office, to whatever address
or addresses he specifies, of any intention to consider rescinding this commitment at least 30
days before any such regular meeting. In the event that this commitment is rescinded, Mr.
Boylan’s Clients will have the right to commence legal action pursuant to subdivision (a) of Section
54960.2 of the Government Code. That notice will be delivered to Mr. Boylan by the same means
as this commitment, or may be mailed to an address that Mr. Boylan has designated in writing.
4. The Mayor of the City of San Rafael is hereby directed to transmit a copy of this resolution to Mr.
Boylan on or before November 30, 2025.
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 on Monday,
the 17th day of November 2025, by the following vote, to wit:
AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
Lindsay Lara, City Clerk