Loading...
HomeMy WebLinkAboutMin 06-07-00MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, June 7, 2000 The Ukiah City Council met at a Regular Meeting on June 7, 2000, the notice for which had been legally noticed and posted, at 6:31 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Libby, Baldwin (6:33 p.m.), Ashiku (6:36 p.m.), and Mayor Mastin. Staff present: Community Development Director DeKnoblough, Finance Director Elton, Personnel Officer Harris, Risk Manager/Budget Officer Harris, City Manager Horsley, MIS Coordinator Klingbeil, City Attorney Rapport, Police Chief Williams, Administrative Assistant Yoast, and City Clerk UIvila. 2. PLEDGE OF ALLEGIANCE Councilmember Libby led the Pledge of Al'legiance. COMMENDATION 4a. Ukiah Senior Center Board Member: Russ Kinsey Mayor Mastin read the Commendation presented to Russ Kinsey in appreciation for his dedicated service to the Ukiah Senior Center. Russ Kinsey appreciated the honor and discussed the work of volunteers at the Ukiah Senior Center. COMMENDATION 4b. Bruce Evans Mayor Mastin read the Commendation presented to Bruce Evans in appreciation for his dedicated service to the City of Ukiah and the Ukiah Fire Department. Bruce Evans thanked Council and explained that he enjoyed working for the Fire Department during the past 27 years and with all City employees. He was given a standing ovation. PRESENTATION 5a. Greater Ukiah Chamber of Commerce Jim Harrison, Chief Financial Officer, discussed the Chamber of services, seminars and workshops they have provided to the community. He noted the Chamber of Commerce's partnerships with the City and other organizations for the October Pumpkinfest and for the Fourth of July celebration each year. Kathie Spencer, President, spoke about funding, membership, and sponsorships. She noted the public/private partnership between the City of Ukiah and the Chamber of Commerce and that the City has contributed $19,000 towards tourism, relocation and development promotion. She discussed links provided on the Web Site to other organizations in the community. On behalf of the Greater Ukiah Chamber of Commerce, she requested Council approve continued funding of $19,000 annually to the Chamber. She noted that the Chamber pays rent at the Conference Center for their office space. June 7, 2000 Page 1 of 15 PRESENTATION 5b. Mendocino County Youth Project: Karen Wandrei Dr. Karen Wandrei, Executive Director of the Mendocino County Youth Project, distributed an organizational chart, a description of agency services, as well as an agency brochure. She advised that the Mendocino County Youth Project is a Countywide agency that has been in existence for over 25 years and provides services throughout the County, with most of the services provided in Ukiah. The Mendocino County Youth Project is a Joint Powers Agency created by four cities in the County, County Office of Education, and the School Districts. She discussed the structure of their Board of Directors and noted that Sage Sangiacomo, the City's representative, sits on their Board. Although Big Brothers and Big Sisters are affiliated with their program, they are a separate organization and program, and seek funding separately. They work closely with the Ukiah Police Department on a daily basis and discussed crisis services and counseling that are offered by their agency. She discussed alcohol and drug programs offered to youth through Redwood Counseling Service, working in collaboration with Project Sanctuary, and providing a number of services in the schools that includes counseling for drug and alcohol, and truancy prevention. She discussed their Family Enhancement Project and counseling of parents that are going through a divorce who have children. Fire Chief Sandelin spoke regarding the Commendation for Fire Marshal Bruce Evans. He has worked with Bruce for nearly 27 years and complimented him on his expertise with fire investigation and other facets of the Fire Department. He congratulated him on his retirement. 3. CONTINUATION OF BUDGET GOALS AND OBJECTIVES: REVIEW OF 1999-00 ACCOMPLISHMENTS AND 2000-01 OBJECTIVES FOR VARIOUS CITY FUNCTIONS Personnel Personnel Officer Harris reported that the Personnel Department hired 51 staff members through open and promotional recruitment during the current Fiscal year. The Department facilitated employee training on such topics as harassment in the workplace, conflict resolution, traffic control and flagging, and confined space training. In addition to regularly scheduled enrollment periods, the Department recently completed a health insurance plan conversion and open enrollment for our primary health plan carrier, converting 137 employees and retirees to Blue Shield. She attended various labor law seminars and legislative updates relative to PERS, Workers Compensation, and current personnel legislation in order to remain informed on the ever-changing state and federal employment laws. For next year, the Personnel Department will provide on-going employee training on such topics as performance evaluation, employee assistance program, CPR, and relevant safety issues. The Department would like to implement an employee and applicant tracking data base in order to compile statistical and historical information on employees and applicants for recruitment and budget planning, maintaining employee training records, employee salary and promotional histories, and for the tracking of employee disability leave data. She would also like to implement Email and Internet access within the Department for posting vacancy announcements, receiving confidential test and fingerprinting results from the Departments of Justice and Transportation, and for receipt of other confidential June 7, 2000 Page 2 of 15 communications with labor attorneys and other governmental agencies regarding personnel matters. Administrative Support Executive Assistant Yoast explained that the Secretarial Pool changed its division name to Administrative Support Division. They assisted the Assistant City Manager in setting up his office and creating a filing system for that. position. They provided recording secretary support at the Airport Commission monthly meetings. They increased the copier usage over the previous year as a result of in-house staff now copying forms for the Finance Department that were previously sent to a printer, the Recreation Division's increased activities and their associated flyers, applications, etc., as well as reproduction of the City newsletter. They trained staff on the use of the new optical imaging system and MS Word software programs, and hired and trained the City's new receptionist/clerk typist. Next year they hope to acquire network capability and Internet access at individual workstations as appropriate, and training as needed. They plan to purchase a new copy machine for the front work area in the Administrative wing of City Hall. City Clerk City Clerk Ulvila reported that during the current year she developed an electronic tracking method for records retention files and City leases. Changes to the City's records retention schedule will be coming before Council in July. The City Clerk's Department obtained the optical imaging system and has received training, which will continue throughout the coming year. During this year, she obtained her Notary Commission. Next year optical imaging and scanning procedures will continue in order to bring all files current. She will continue to coordinate the process and documentation for the November 2000 City Election. She also plans to pursue options for linking the City Code to the City's Web page on the Internet. Redevelopment City Manager Horsley advised Redevelopment Agency meeting. that this item would be reviewed at next Ukiah 7. RIGHT TO APPEAL DECISION Mayor Mastin read the appeal process. 8. CONSENT CALENDAR M/S Ashiku/Baldwin approving items a through e of the Consent Calendar. Councilmember Libby requested item 8d be pulled from Consent Calendar. M/S Ashiku/Baldwin amending motion to approve Consent Calendar items a, b, c, and e as follows: a. Rejected Claim for Damages Received from Schuyler Rogers and Referred to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund; b. Received Report to Council Regarding the Procurement of Computer Software Training Services from Redwood Computers in the Amount of $5,355; c. Approved the City of Ukiah Statement of Investment Policy for Fiscal Year 2000/2001; June 7, 2000 Page 3 of 15 e. Received Report of Sale of Surplus Fire Engine to Hopland/Sanel Valley Fire Department. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. Mayor Masfin advised that Consent item 8d will heard as 1 lb on the Agenda. APPROVAL OF MINUTES: 6a. Special Meeting of May 17, 2000 M/S Smith/Libby approving the Minutes of the Special Meeting of May 17, 2000, as submitted, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. APPROVAL OF MINUTES: 6b. Regular Meeting of May 17, 2000 Councilmember Smith noted a correction to page 6, second paragraph, first sentence to read: "Councilmember Smith reported attending a meeting of representatives of the Main Street Board along with City Manager Horsley and Community Development Director DeKnoblough this week to discuss the future contract for the Main Street Program." M/S Smith/Libby approving the Minutes of Regular Meeting of May 17, 2000, as corrected, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Steve Turner, on behalf of the Bike Week Committee, made a presentation to Mayor Mastin. The Mayor consented to participate in a friendly competition with Mendocino County Supervisor Shoemaker in which both rode their bicycles as much as possible during Bike Week. The Bike Week Committee awarded Mayor Mastin a plaque for biking the most miles. The competition will be repeated next year. Mayor Mastin explained that it was a fun week and that he has changed his transportation habits since the competition. 11b. Approved Lease with Feather Lite, Inc., for a 7,000 Square Foot Portion of the Ukiah Regional Airport Councilmember Libby inquired why the matter was included on the Consent Calendar rather than under New Business on the Agenda. City Manager Horsley explained if there is something controversial or issues that Council needs to discuss, it would be included under New Business, however, this is a standard lease agreement and therefore was included on the Consent Calendar. Councilmember Baldwin was under the assumption that Feather Lite was only manufacturing aircraft parts, however, the Staff Report indicates they manufacture experimental aircraft. He inquired if they plan to test the aircraft at the Ukiah Airport. June 7, 2000 Page 4 of 15 Michael Dilly, president of Feather Lite, stated they will not be testing aircraft at Ukiah Airport and test flying is not part of their operations. Councilmember Ashiku inquired if they will be constructing experimental aircraft at Ukiah Airport. Mr. Dilly explained that they would construct one airplane and it is a long-term project. They build components for both experimental and certificated aircraft and helicopters. The individual aircraft they plan to construct is a self-funded project. After it is constructed, they will produce kits and the kits will be shipped to customers which the customer assembles. He explained that it is not necessary to be located at an airport, however, most of their customers are aircraft owners and operators. At times they fly in to discuss projects. Since they manufacture aircraft components, they have always been located near an airport. He noted they currently have 6.5 employees and it may be increased to 10 employees by the end of the year. He projected having 10 to 20 employees within a five- year period. Councilmember Baldwin inquired if Mr. Dilly's business plan is dependent on increased air traffic coming into the Ukiah Airport. Mr. Dilly explained they ship their manufactured components worldwide and are not dependent on increased air traffic at Ukiah Airport. He discussed his operations in Boonville. Councilmember Libby noted that the Staff Report indicates that staff will be doing survey work, trenching, undergrounding the drain line, and inquired if it is part of the capital improvement fee that is being charged to the leasee. Community Services Director DeKnoblough explained that it is not being charged to the leasee. It is an existing drainage ditch created by natural drainage, and in order for the City to prepare the site for any kind of development, it would need to be filled. As part of the project, the City agreed to get that portion of the site prepared so it could be developed. He discussed construction costs and staff time to complete the work. City Manager Horsley explained that the City's standard is that the parking lot and road be paved for new construction at the Airport: VERBATIM MINUTES START: (As requested by Vice-Mayor Ashiku) "Councilmember Libby: I know Councilman Ashiku has been very involved in this project, and I just wanted to ask if you have any financial interest in this because I know you've been very involved from the beginning. Councilmember Ashiku: Well, you know, I kind of take that question personally because if I have interest in promoting, for Christ's sakes, any business, small business that comes to this community, am I going to be under suspicion by you for having a financial interest? (Libby talking at the same time.) Excuse me, excuse me. Is it because they are from June 7, 2000 Page 5 of 15 Boonville that I'm under suspicion? Because I grew up in Boonville, that I might have financial interest? I think the question is entirely inappropriate, Kathy. And, you know, I champion small businesses. It happens to be what I do. I try to bring small businesses into the community, in fact, I didn't even know Mr. Dilly's last name until tonight. In fact, Mr. Dilly can come up to you today, tonight here, and tell you that I did not meet him for the first time until this year. You can ask him. I mean, that is unbelievable. That is just unbelievable. Councilmember Libby: Councilman Ashiku, I'm just asking the question. I think you're reading into something. I just know you've been very involved and very excited about it from the beginning, and you are from that area. I just... Councilmember Ashiku: I, you know, I take it personally, and I'll tell you this, I'm excited because they have the potential for creating 20 to 30 jobs here. I'm excited about that. I think you all should be excited about that. You proclaim to be a champion of small business, Kathy, and I never question your motives. I tell you, I have nothing to do with this company. I have no financial interest. Councilmember Libby: That's all you had to state. Councilmember Ashiku: I didn't have to state that and I'm going to tell you this, though. I take it as a personal offence. I mean you are politicizing this process. And I think it's wrong. I think it's an inappropriate question because there is no basis for that question. There is no basis to support that other than your suspicion. And, I mean, if I, I mean, I think it's just entirely inappropriate to ask that question. I'm offended by it. Councilmember Libby: I'm sorry you're offended by it. question." VERBATIM MINUTES END I think it was just a legitimate Councilmember Baldwin explained that he supports the project and is impressed by Mr. Dilly's discussion of his business. However, we need to continue to revisit items concerning Airport development and should be included on the regular Agenda, rather than the Consent Calendar in the future. M/S Smith/Libby approving the lease with Feather Lite, Inc. at the Ukiah Airport, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. UNFINISHED BUSINESS 10a. Adoption of Ordinance Amendinq Division 1, Chapter 2, Section 62 of the Ukiah Citv Code Re.qardin_¢l Councilmembers' Salaries City Manager Horsley advised that at its. May 17, 2000 meeting, the City Council introduced, by a 4/5 vote, an ordinance modifying the monthly salary for Councilmembers effective after the November 7, 2000 election. M/S Baldwin/Smith adopting Ordinance amending Division 1, Chapter 2, Section 62 of the June 7, 2000 Page 6 of 15 Ukiah City Code regarding Councilmembers' salaries carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: Councilmember Ashiku. ABSENT: None. ABSTAIN: None. UNFINISHED BUSINESS 10b. Discussion of City Council Meeting Minutes Mayor Mastin advised that he asked to have this matter placed on the agenda after lengthy minutes were presented to Council for the April 5, 2000 meeting. He wanted to discuss the process for taking the minutes and for taking verbatim minutes, and if Council's decision in September 1999 is still adequate. Rather that put Council or the City Clerk in a position of editing minutes, or identifying which items should be verbatim, some form of verbatim minutes would be preferable to the current summary format. The public would also have the option of listening to the tape recordings. Councilmember Libby explained that we do not have verbatim minutes at every meeting and there has only been two occasions in which she requested that an issue be detailed during the past 1 1/2 years. She stated a Councilmember should be able to ask for an issue to be detailed if the request is done in a timely manner. She felt she did this during both of her requests. City Clerk Ulvila stated that she submitted a Memo to Council tonight that explains the transcribing process for verbatim Minutes. The Memo also addresses the issue that she is designated to work 32 hours per week. She does not consider the position of City Clerk political and that the City Clerk's purpose is to remain impartial and fair on all matters and towards all individuals. Her position relies heavily on following procedures and policy authorized by the City Council. Last year the City Council authorized the Minutes to be transcribed in Summary Format. At that time, Council was also in agreement that changes/corrections to the Minutes be provided by a Councilmember in writing to the City Clerk at the meeting. When substantial changes are being requested, it is imperative that the City Clerk be provided with concise wording of the changes proposed. Since Council, as a whole, directed her to transcribe the Minutes in Summary Format, she felt it only fair that they also provide her with direction when they feel a matter should be transcribed in more detail or verbatim. This direction should be made during the meeting and by a consensus of Council. This will not only allow all Councilmembers to voice their opinion on the matter, but will also provide her with adequate preparation for the task at hand. Preparation for transcribing minutes verbatim is quite different than Summary Format. Mayor Mastin noted that the public has the ability to come in at their leisure and listen to the tapes or have a copy of the tape prepared. Another option would be to have a court reporter take verbatim minutes. Councilmember Libby discussed the two instances whereby she requested more detail of minutes be prepared concerning certain matters on the Agenda. Each time Council's response has been that they need to discuss how the minutes are going to be done June 7, 2000 Page 7 of 15 Councilmember Ashiku pointed out that it is important for the efficiency of the City Clerk's office, that a Councilmember state at the time of the meeting if they request more detail of a particular segment of the minutes. In that way, it will be clearly stated for the record and the City Clerk will have appropriate direction from Council in order to prepare the minutes. Everything else can be in summary format. He addressed the fact that it is time consuming for the minutes to be revised. VERBATIM (At the request of Councilmember Libby) Councilmember Libby: "Well, then I think we need to clarify what happened at the last time. The meeting was on Wednesday. Monday morning I left a message because I couldn't get hold of Marie. The following Monday after the meeting requesting that the Clara Street issue be written in detail form, verbatim. I received a message on my phone stating that she had not been at the meeting. She did not take...transcribe them. She would not be doing the minutes but that another person would be and that she would give her that information that I would like the Clara Street issue detailed verbatim. Okay. Thursday night I received my packet. That issue, not only was it not detailed, it was in less detail than any of the other issues. The next morning, Friday morning, I went and saw Karen and went and saw Candace. And I said to Karen now, ask, tell me what is wrong with these? I said there is less detail in this issue than any of the others. I asked in a timely way. That's when everything starting going...a mix up. So, at that point I was told, this was a Friday, that the person that had done the minutes was not working that day and that it would be taken care of Monday. I didn't hear back Monday. I called Tuesday and I was told they were working on them and they would fax it to me, at almost 5:00 o'clock. When I did receive them and they were faxed to me, half of it was not detailed, and I specifically had asked for the whole issue to detailed, be detailed. In response to that, on a Wednesday morning, I came in on a Council meeting, listened to the tape myself. Again talked to Karen about it and she worked on getting them detailed. By that afternoon we sent, she sent out the revised minutes. When I received them, I noticed that the revised minutes were not there. There were blank sheets. So, at 4:00 o'clock, I think it was, I went to Karen and said, Karen, I hope this just happened to my packet and not all the Council packets. And she said, "Oh my gosh, it's gone out like this to all the Council." Now, I asked in a timely way, did not wait until the last minute and I felt that if there were any questions they could call me. As a matter of fact I think that's what I stated, if there's any questions. I did not wait until the last minute. That is not the reason why we did not have the minutes on time. VERBATIM END Councilmember Ashiku accepted Councilmember Libby's explanation concerning the circumstances surrounding the April minutes, however, he felt it is necessary to make the request at the time of the meeting. In that way, whoever transcribes the minutes from the tape recording will be given direction. City Attorney Rapport advised that under the Government Code, the City Clerk has a statutory responsibility to prepare the minutes. No individual City Councilmember has the authority, under the state law, to direct the City Clerk in preparation of the minutes. By statute, the City Council, as a legislative body, is responsible for ensuring that the minutes June 7, 2000 Page 8 of 15 are accurate. Normally, the City Clerk prepares a set of draft minutes and are presented to the City Council at the next meeting for approval. If any individual Councilmember wants those minutes modified, expanded, or corrected in any way, they make a motion to that affect. If the Council passes the motion, then the City Clerk is directed to make those corrections or changes to the minutes. Council can make these decisions on a case by case basis, so if any Councilmember on any occasion felt that one item should be recorded in more detail, or less detail, they could make that motion to the Council. If Council passes that motion, then the City Clerk would be required to make those corrections. Councilmember Smith addressed the legal aspects of the minutes, and inquired if Council adopted a policy whereby a Councilmember would be required to make their request for more detail or verbatim minutes during the meeting, would it be legally acceptable, as opposed to having Council vote on that suggestion? Mr. Rapport explained that, as a matter of policy, if Council wants to have it done that way at a public meeting, it would be a better practice than having it happen outside the meeting forum. He pointed out that an amendment to the Resolution establishing policies for conducting City Council meetings could be added to include minute preparation. Considerable discussion followed concerning the matter. VERBATIM (At the request of Councilmember Libby) City Manager Horsley: "1 just want to say that I agree with Councilmember Libby and with the rest of the Council that, for the most part, Council has been happy with the way Marie has done the minutes in the Summary Form, that there is enough detail to really say what's been going on. And Kathy's correct it was staff's faults that there was just a series of mix ups and because there was three or four people involved in putting the minutes together that it caused it to be such a mess, and then the printer didn't print out that one page. So, the whole thing just got really distorted and that's why it was so late to the Council. But, I think Marie has expressed that as far as the Summary Minutes that she does, she's very happy with and the only thing is that we would ask if it is to be verbatim minutes, that whether it be at Council minutes, Council meeting of the issue, or when the minutes come back, in case a Councilmember doesn't think at the time that they might want it to be more detailed, they can do it at the next meeting, that that would be appropriate. VERBATIM - END City Manager Horsley and City Clerk Ulvila agreed that Councilmembers should make their request at the time of the meeting if they want portions of the minutes transcribed in more detail or verbatim. Councilmember Baldwin advised that he is flabbergasted that Council has spent so much time amending minutes about trivial reports. 'Any aware citizen that wants to know what is going on at a Council meeting, merely needs to find out Council's vote on matters. The issues have been explained in the summary minutes submitted to Council and also in the Staff Reports to Council. Councilmember Ashiku concurred with Councilmember Baldwin's statements. June 7, 2000 Page 9 of 15 City Clerk Ulvila noted that all information contained in the Council packet is scanned into the City's optical imaging system and is available to the public upon request. Mayor Mastin questioned Councilmember Libby concerning her statement on page two of her letter and asked her to identify the two people mentioned in her letter that are friends of the Mayor. Councilmember Libby identified the two people as Eric Larson and Judy Pruden, who have been very involved in the Clara Avenue issue and are both Planning Commissioners. Mayor Mastin address the inappropriateness of Councilmember Libby's questioning of Eric Larson at a previous meeting, noting that considering her tone, the manner, and the interrogation of Mr. Larson as inappropriate. Discussion continued relative to the matter of how the minutes should be transcribed and the direction to the City Clerk. Procedural issues were discussed relative to Councilmembers directing the City Clerk in the preparation of the minutes. Judy Pruden, 304 South Hortense Avenue, advised that she is Chairman of the Mendocino County Historical Records Commission and has worked with archival storage of all County records and a number of City's City Clerks. She has read most of the City Council's minutes and was of the opinion that the City Clerk does an excellent job transcribing the minutes. Council has the responsibility to make sure the minutes are clear so that future generations will be able to understand what took place at meetings. On occasion she had made arrangements to listen to the tape recordings. Council should listen to the City Clerk's requests in order to properly transcribe the minutes. She noted her disgust with the letter submitted by Councilmember Libby and included in the Council packet. She further discussed popular opinions in the community concerning Councilmember Libby and her husband. She advised that she has no financial interest or gain in seeing that the Wagonseller Neighborhood traffic calming program goes forward. She discussed the history of the Wagonseller Neighborhood organization over the years and their contributions to the community. 8:20 p.m.- Recessed. 8:30 p.m. - Reconvened Discussion followed concerning Council's direction to staff concerning a proposed amendment to the Resolution. Councilmember Ashiku expressed a need to clarify the amendment to the Resolution and that it be recorded verbatim in the minutes. "1 think what was established tonight, if I recall correctly, is: 1) at the time of the meeting, or during the meeting, at the time of discussion, a Councilmember should, if possible, state that they want something recorded verbatim for the record. I think that was one of the essential ingredients. The other thing was that a Councilmember should submit their revisions to the Record for submission to the Council June 7, 2000 Page 10 of 15 at that next meeting so that, when the minutes are being reviewed, so that they can be either approved and incorporated into the Record, or at that meeting they can make a request to have further detail provided by the Clerk. And I think that all other minutes to be done, pedormed in summary form. Does that fairly reflect what was discussed?" Councilmember Smith and Mayor Mastin concurred with Councilmember Ashiku's description of the proposed procedure. Councilmember Libby requested further clarification on the matter. Considerable discussion by Council concerning clarification of the procedure for requesting detail or verbatim minutes followed. Mayor Mastin summarized the consensus of Council is proposing that during the course of the meeting, if a Councilmember feels they would like a portion of the minutes to be in detail or verbatim, they need to state it for the record at that time. When the draft minutes are reviewed by Council at the next meeting, a Councilmember would have the opportunity to request that a portion of the minutes be in detail or verbatim. However the Council would have to approve that change on a three filth's vote because they are approving the minutes at that time. City Manager Horsley advised that she would prepare an amendment to the Resolution for Council's review at the next meeting. NEW BUSINESS 11a Appeal of City Mana_~er's Decision to Deny Taxi Cab Permit City Manager Horsley advised that Mr. Thomas C. Cash, aka Taxi Guy, has requested an appeal regarding his renewal for a Vehicle for Hire Permit, which was denied by first the Police Department and then on appeal to the City Manager. In April of this year he applied to renew his permit but was subsequently denied the renewal due to a conviction of a felony act. Ukiah City Code Section 2533.1 requires the denial of an application if the applicant has been convicted within five years of the date of application of a crime involving violence or the threatened use of violence or dishonest. Mr. Cash had received his original Vehicle for Hire Permit in 1999 in error from the Police Department and upon this discovery the Department denied the renewal request: As noted in her Staff Report, the appeal with the City Manager was held on May 4, 2000. His application and conviction in 1996 were discussed at that meeting. The denial of the renewal would create a financial hardship for Mr. Cash and his attorney discussed the issue of Estoppel. She referred to her letter regarding the appeal and denial of the permit that is included in the Council packet in which the Estoppel issue is discussed. The City Attorney feels it is not a valid point in this matter. She denied the application to renew the permit, based mainly on the fact that members of the public rely on the permits issued by the City when they get into a taxi cab, and therefore, the public has the right to believe that the owner and driver of the cab have no convictions of violence, or threatened use of violence on their record. Whether or not a public official made a mistake, the public should not have to live with the consequences if public safety is in question. Mr. Cash has June 7, 2000 Page 11 of 15 requested an appeal in front of the City Council. Mr. Tom Cash advised that he has been operating a taxi business in Ukiah as the Taxi Guy for the past year. He explained the situation, as previously described by City Manager Horsley, concerning his license renewal and that he submitted all the appropriate forms to the City. He also has loans, totaling approximately $17,000, that were necessary to start his business. He did everything that the City told him to do and has been truthful about his conviction in 1996. He did not understand why he should bear the weight and financial hardship of the mistakes caused by the City's employees. Due to his disabilities, he is limited to the types of work he can perform. Police Chief Williams advised that Mr. Cash, upon submittal for his permit approval, did make everything known and confirmed previous statements made by Mr. Cash. The City Ordinance concerning the issuance of a Vehicle for Hire Permit is very clear and should have been caught at the time Mr. Cash submitted his request. However, there was failure on the part of the Police Department, not City staff that approved the Use Permit and Business License. He stated that he takes responsibility for the error and apologized to Mr. Cash. Mr. Rapport explained there is immunity cited in the Government Code for the City based on the issuance or failure to issue a permit that may or may not protect it from liability. There is a City ordinance that makes it mandatory that the City deny the permit if someone has this type of conviction within five years of an application. If there was an injury or damage that resulted from his conduct, then, conceivably the City could be held liable. The City Manager's decision expressed concern with public safety and public policy behind the ordinance that makes it mandatory. Discussion followed concerning the matter. It was noted the five-year period regarding the conviction would be up in the early part of the year 2001. Councilmember Baldwin was of the belief that there has been an injustice but the law does not allow Council authority to grant the permit. Mr. Rapport explained the concept of Estoppel. In reliance on that representation that Mr. Cash could lawfully operate a taxicab in the City, he purchased a cab and incurred financial obligations. It would be a hardship on him if he were now deprived of the permit that he was originally issued since the City clearly intended for him to believe that, when he was issued the permit, he was permitted to operate a cab. These are all elements of Estoppel that have been established. However, when you attempt to use the equitable principal against the government, there is a fifth element, that is, the courts will not enforce Estoppel if doing that would prevent the enforcement df an important public policy that is designed to protect the public. That is because the public official that made the mistake isn't the one who's punished in effect by enforcing the Estoppel, it's the general public. The courts won't do that because it doesn't cure the injustice because now the public is being subjected to an injustice by being deprived of the protection that law was adopted to provide. Sitting as the City Council, you have to be concerned not only by the injustice to Mr. Cash, but also the effect to the public interest. June 7, 2000 Page 12 of 15 City Manager Horsley requested a brief recess to allow her to speak to the City Attorney in private concerning the matter. 9:00 p.m. - Recessed 9:03 p.m.- Reconvened. City Manager Horsley suggested an alternative for Council regarding this matter. If Council decides that they cannot approve the permit, they may consider making up the difference between the sale of the vehicle and what Mr. Cash owes for business purposes on the loan for the vehicle. The City would then pay the difference between that sale and the loan amount. Even though Mr. Cash may be denied operation of his business, he has incurred a financial burden for the business that he would find difficult to repay. M/S Ashiku/Smith Upholding the City Manager's decision to deny Taxi Cab Permit to Thomas C. Cash, dba Taxi Guy, and instructed the City Manager to consider the appellants loan and that the City be instructed to provide fair compensation for the differential of the loan amount versus the sale of the vehicle. Councilmember Baldwin inquired as to the percentage of the loan that is directly related to the vehicle. Mr. Cash explained that the loan for the car was approximately $9,100. He took out various loans to cover the cost of the car, liability insurance, and miscellaneous expenses for the business. He felt that Council's motion would help him a great deal with his financial obligations. He explained that during the past year he has paid off most of the loans. City Manager Horsley explained that there are some funds available and she would need to investigate the matter. Chief Williams requested that before a decision is made as to how Mr. Cash's financial obligations would be repaid, that he have an opportunity to speak with the manager of the bank regarding other options concerning payment. He felt the Police Department has some responsibility towards the matter. He apologized to Council for putting them in such a position. M/S Ashiku/Smith amending motion that it include that it be a settlement that would drop any claims or future claims to the City or its employees. City Manager Horsley advised that she will come back for Council approval of the funds and at that time will recommend the source of the funds. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 12. CITY COUNCIL REPORTS June 7, 2000 Page 13 of 15 Councilmember Smith had nothing to report. Councilmember Libby reported attending an MCOG meeting and the 2000/2001 Work Program planning was approved. They adopted the TCP recommendations and are looking at $854,449 for the Work Program budget. Also approved was the budget for the Administration, Bicycle, Pedestrian, Planning, and Transit allocations. She noted that their budget is available for Council's review. Thirty-seven Call Boxes for the Safe Program have been delivered and should be in place by the end of October. She took an official tour of the Airport last week. Councilmember Baldwin had nothing to report. Councilmember Ashiku reported attending a LAFCO meeting last week. At issue was the Calpella County Water District annexing an area that is currently being served, and philosophical views about how these unserved areas came about. There was also concern that they had no regard for the LAFCO process, and whether the environmental document that was performed by the Calpella Water Agency was adequate. They had to extend the decision to another meeting. Mayor Mastin reported attending a Chamber of Commerce luncheon last week in which awards were given for Citizen and Business of the Year. He reported that MTA met in Anderson Valley last month and an item of business included their budget. On June 8, 2000, MTA will have a special closed session meeting concerning the Transit Center Depot property. He reported that he is a member of the Hate Crimes and they are moving forward on a process for dealing with hate crimes in the greater Ukiah area. They will have a public meeting once they get all their elements together and plan to have a community meeting in August or September. He advised that several months ago he made the decision to not run for Mayor in the November election. He distributed a Press Release that will be sent out tomorrow formally announcing that he will not seek reelection. He noted that nothing discussed at the present meeting had any bearing on his decision. 13. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley reported that Council was notified that Randy Pool, General Manager of the Sonoma County Water Agency, would be speaking to the Engineering Contractors Association on June 21,2000 in Santa Rosa. Any Councilmembers wanting to attend should contact her. City Clerk Ulvila had nothing to report. Councilmember Libby noted that because of the shortfall in MTA's budget due to insurance and gasoline, Phil Dow seemed very sure that funds for these items be available to cover the deficit of MTA. She referred to MCOG's budget and noted they asked to take June 7, 2000 Page 14 of 15 the funds out of their Capital Reserve fund. Councilmember Ashiku requested that verbatim minutes be prepared for the portion of the minutes concerning the dialogue exchanged between Councilmember Libby and himself for item 11 b, Feather Lite's Airport Lease Agreement. City Attorney Rapport reported that he would not be at the next Council meeting. 14. CLOSED SESSION None. 15.ADJOURNMENT There being no further business, the City Council meeting was adjourned at 9:24 p.m. Marie Ulvila, City Clerk June 7, 2000 Page 15 of 15