San Rafael council adopts Brown Act “cease and desist” resolution after legal challenge

San Rafael — The City Council on Nov. 17 unanimously adopted a staff‑recommended resolution promising to “cease and desist” certain conduct alleged in a letter from local residents and their attorney, a move the city attorney said would require dismissal of the pending claim under state law.

City Attorney (speaker 13) told the council the plaintiffs had sought an ex parte order to stop the council from voting on the 350 Merriddale matter; the judge denied that request, allowing the council to proceed. The attorney said the proposed resolution — drafted in response to a November 3 demand letter — contains an unconditional promise to cease the actions described by the plaintiffs while expressly admitting no violation of the Brown Act, and cited the Government Code provision the staff relied on for that remedy.

The resolution was the subject of extensive public comment. Ken Dickinson, an organizer who has raised procedural objections, told the council the plaintiffs’ filings were a “cure and correct” letter rather than a formal lawsuit and urged clarification on what the court order did and did not prohibit. The city attorney responded that a lawsuit is pending, that the court’s interlocutory order allowed the council to move forward tonight but set another hearing for Nov. 24, and that adopting the staff resolution would operate to dismiss the pending challenge under the cited code.

After discussion, Councilmember (speaker 6) moved to adopt the resolution with a requested typographical correction in the title; the motion was seconded and passed on a 4–0 roll call. The city attorney asked councilmembers to note the correction before signing the final document.

Next steps: the council proceeded immediately to a public hearing and a set of measures related to a proposed purchase and interim shelter at 350 Merriddale (the Mary Dale site). The Nov. 24 court calendar remains set for related proceedings, the city attorney said.