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HomeMy WebLinkAboutMinutes - April 19, 2017 SMLODI CITY COUNCIL SPECIAL CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, APRIL 19, 2017 A. Call to Order / Roll Call The Special City Council meeting of April 19, 2017, was called to order by Mayor Kuehne at 8:57 p.m. Present: Council Member Chandler, Council Member Johnson, Council Member Mounce, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Absent: None Also Present: City Manager Schwabauer, Deputy City Attorney Fukasawa, and City Clerk Ferraiolo NOTE: Council Member Mounce participated in the meeting via teleconference. B. Regular Calendar B-1 Adopt Resolution Declaring an Emergency Condition Requiring the Immediate Repair of Mokelumne River Levee at Lodi Lake Nature Area, Authorizing City Manager to Order Required Actions and Execute the Necessary Documents to Perform Repairs, and Appropriating Funds ($250,000) (PW) City Manager Schwabauer reported that the issue of the eroding Mokelumne River levee was brought to staffs attention on April 11, 2017. He stated that, if the levee is not repaired immediately, it will continue to erode, and repairs would have to wait until water levels decline, which would likely result in the loss of trees and a damaging effect on the walking trails. Public Works Director Charlie Swimley provided a PowerPoint presentation regarding the emergency repairs of the Mokelumne River levee at the Lodi Lake Nature Area. Specific topics of discussion included emergency condition, river bank erosion area, risks to Lodi Lake Nature Area, unstable levee structure, sustained high river velocities, and possibility of failure at any time. Mr. Swimley stated that, to date, staff completed paperwork declaring the emergency condition and conducted on-site meetings with the consultant, Kjeldsen, Sinnock & Neudeck, which specializes in flood repair. He further reported that this portion of the levee was repaired in 2012 by Woodbridge Irrigation District to correct repeated flooding of the Nature Area. He estimated the project will take three to four days and cost up to $250,000. Mr. Schwabauer reported that funds for the project will come from the $1.1 million of unassigned general fund capital dollars. He explained this amount is left over after assigned projects projected for next year were accounted for in the fund. Previously, Council took actions to fund the general fund capital account by depositing $770,000 from the "triple flip" and another $150,000 two years ago, and at this time the general fund capital account is better funded than it has been historically. In response to Mayor Pro Tempore Nakanishi, Mr. Swimley stated the California Department of Fish and Wildlife has jurisdiction over this portion of the river, not the Army Corp of Engineers, and filing the notice of emergency repair gives the City the ability to make repairs without the required permits. Mayor Kuehne questioned if the emergency situation will give the City the ability to recoup all, or a portion, of the cost from San Joaquin County since it declared a state of emergency with the high water levels this winter. Mr. Swimley confirmed that the City will apply for funds via a claim filed with San Joaquin County. Mr. Schwabauer stated the application is pending and ready to be 1 submitted. Council Member Mounce questioned if the funding for this emergency project will come from the regular reserve fund or the economic set aside fund, to which Mr. Schwabauer responded neither; rather, it will come from the general fund capital account. He explained that the City deposits $435,000 annually into the general fund capital account, but there are excess funds at the moment due to the "triple flip" and the $150,000 deposits. Council Member Mounce stated she believes that, because Lodi Lake is an economic driver, it would make better sense to draw the funds from the economic set aside, rather than the general fund, and pay it back with any refund dollars from the claim. Mr. Schwabauer stated he could not recommend that option because both reserve funds include a policy that the City Manager immediately return with a plan to replenish the fund. He stated staff is already experiencing difficulty balancing next year's budget and it would be extremely challenging to come up with a proven strategy that the City will absolutely receive a refund. Council Member Chandler made a motion, second by Council Member Johnson, to adopt Resolution No. 2017-75 declaring an emergency condition requiring the immediate repair of Mokelumne River levee at Lodi Lake Nature Area, authorizing the City Manager to order required actions and execute the necessary documents to perform repairs, and appropriating funds in the amount of $250,000. VOTE: The above motion carried by the following vote: Ayes: Council Member Chandler, Council Member Johnson, Council Member Mounce, Mayor Pro Tempore Nakanishi, and Mayor Kuehne Noes: None Absent: None C. Adjournment There being no further business to come before the City Council, the meeting was adjourned at 9:10 p.m. ATTEST: Jennifer M. Ferraiolo City Clerk 2