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HomeMy WebLinkAboutAgenda Report - August 1, 2018 C-11TM CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: MEETING DATE: PREPARED BY: AGENDA ITEM C-iI Approve Responses to the 2017-2018 Grand Jury Report Regarding Case Numbers 0117 and 0917 August 1, 2018 City Manager RECOMMENDED ACTION: BACKGROUND INFORMATION: Approve responses to the 2017-2018 Grand Jury report regarding Case Numbers 0117 and 0917. The City received a Grand Jury report in June regarding City Council responses to Grand Jury requests. The City Clerk's office interpreted the report to require a response from the City and Staff immediately prepared and agendized this draft response. Staff has carefully reviewed Grand Jury Case Numbers 0117 and 0917, and offers the attached responses. Upon City Council approval, the responses will be finalized and submitted to the presiding judge of San Joaquin County Superior Court by October 31, 2018. FISCAL IMPACT: FUNDING AVAILABLE: Not applicable. Not applicable. . Magdich 6 ty-Atto rney Attachments City Manager APPROVED: Step en Schwabf, City Manager CITY COUNCIL DOUG KUEHNE, Mayor ALAN NAKANISHI, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON JOANNE MOUNCE August 1, 2018 CITY OF LODI 2015 "Wine Region of the Year" CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerk©Iodi.gov Hon. Linda Lofthus, Presiding Judge San Joaquin County Superior Court 180 East Weber Avenue Room 1306J Stockton, CA 95202 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney RE: Response to the San Joaquin County Grand Jury Report titled "San Joaquin County Municipality Ethics Policies 2017-2018 Case No. 0917" Dear Judge Lofthus: The City of Lodi has reviewed the follow-up report to the 2017-2018 San Joaquin County Grand Jury Case No. 0917, regarding the City of Lodi's lack of a requirement that executive management staff participate in biannual AB 1234 training. The Council has seriously considered Grand Jury finding F5.1 and the accompanying Grand Jury recommendation applicable to the City of Lodi, discussed the same with its professional staff and pursuant to Penal Code section 933.05, submits its comments as set forth below. As required by Penal Code section 933(c), the Council's comments were approved at the Council's regularly scheduled meeting of August 1, 2018. Finding F5.1: The ethics policy for the City of Lodi does not cover the city manager, city attorney, city clerk or subordinate employees not represented by a bargaining unit. These officials require the same guidelines as elected officials to ensure they are acting ethically. City Response: Lodi agrees with this finding in part and disagrees in part. Lodi agrees that in general appointed officials should be held to the same ethical standard as elected officials. Indeed Lodi and its executive management team are bound by state law ethics rules that form the basis of ethics practices above and beyond the requirements of any local ordinance and are the product of California's Fair Political Practices Act. Our executive management team is required to review their Fair Political Practices Commission Form 700 and file the same annually. The form 700 contains an extensive discussion of ethics requirements that must be reviewed to accurately fill out the form. The state Legislature enacted AB 1234 in 2006 which required Council Members and Board Members who receive reimbursement or pay to receive biennial training on state ethics laws. AB 1234 explicitly left it up to municipalities to determine whether executive team members should be included in the biennial training. As such there is no legal requirement that executive management team members receive the training. That is not to say that it is not a good practice to require AB 1234 training and in Lodi under its current City Manager, executive management staff have been required to attend the AB 1234 ethics training session that the City Manager and City Attorney present to our Council and Commissions. Council agrees that formalizing that policy is a good practice and will revise its AB 1234 Policy to require the Executive Management Team to receive biennial AB 1234 ethics training Recommendation R5.1: By October 31, 2018, The Lodi City Council develop and adopt an ethics policy that governs the city management team. City Response: As discussed above State ethics law and AB 1234 already govern the City executive management team. However the City did not include AB 1234's option to require biennial training of the Executive Management Team in its AB 1234 policy. City will amend its AB 1234 training policy to require biennial training of the executive management team by October 31, 2018. The City thanks the Grand Jury for its engagement and review of ethics practices in San Joaquin County and appreciates the opportunity to respond to the report. Please feel free to contact us if you have any further questions. Respectfully, Alan Nakanishi Mayor c: Stephen Schwabauer, City Manager Jennifer M. Ferraiolo, City Clerk Janice D. Magdich, City Attorney CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE August 1, 2018 CITY OF LODI 2015 "Wine Region of the Year" CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerk©Iodi.gov Hon. Linda Lofthus, Presiding Judge San Joaquin County Superior Court 180 East Weber Avenue Room 1306J Stockton, CA 95202 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney RE: Response to the San Joaquin County Civil Grand Jury Report titled "Code Enforcement Departments in San Joaquin County 2017-2018 Case No. 0117" Dear Judge Lofthus: The City of Lodi has reviewed the report of the 2017-2018 San Joaquin County Civil Grand Jury Case No. 0117, regarding the Grand Jury's review of various code enforcement departments within the County, including the City of Lodi, to determine the level of enforcement within each jurisdiction. The Council has seriously considered Grand Jury findings F2.1 and F2.2. along with the Grand Jury's recommendations applicable to the City of Lodi, discussed the same with its professional staff, and pursuant to Penal Code section 933.05, submits its comments as set forth below. As required by Penal Code section 933(c), the Council's comments were approved at the Council's regularly scheduled meeting of August 1, 2018. Findings pertaining to the City of Lodi: Lodi F2.1: The City of Lodi is still experiencing budget and staffing reductions created by the housing crash in 2008 but is using senior volunteers to deliver notices of code violations, resulting in a voluntary compliance rate of 62%. City Response: Lodi agrees with this finding. Lodi F2.2: The homeless population continues to grow and creates increased blight and health issues. City Response: Lodi agrees with this finding. Recommendations pertaining to the City of Lodi: Lodi R1.1: Explore budget options and grant funding to improve code enforcement. City Response: The City currently has two full time code enforcement officers, having added a second officer in September, 2016, and continues to use senior volunteers (Partners) to deliver notices of code violation within the City. No further action is needed at this time. Lodi R1.2: Plan for future expansion of code enforcement efforts to meet the increasing needs of the community, including the homeless population. City Response: The City continues to address issues involving code enforcement, including the needs of our homeless population, by partnering with community group 'Take Back Lodi' on cleanup efforts in homeless encampments and the retrieval of abandoned shopping carts; enforcement of the City's shopping cart ordinance adopted in September 2017; supporting efforts of the County Homeless Task Force; and work with the faith -based community on its annual 'Love Lodi' community wide improvement and beautification projects. In addition, the City created the position of a Community Liaison Officer within the Police Department to assist with outreach to the homeless community. The Community Liaison Officer is assisted by a part-time employee. In the past eleven months the Officer has been able to assist more than 100 homeless people with housing, program placement, or reunification with friends and family. Of those individuals, 26 were placed into programs; and four veterans were placed into housing and counseling programs. The City is continuing to look at creative ways to expand code enforcement efforts within the community. Respectfully submitted, Alan Nakanishi Mayor c: Stephen Schwabauer, City Manager Jennifer M. Ferraiolo, City Clerk Janice D. Magdich, City Attorney Police Chief Tod Patterson CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE August 1, 2018 CITY OF LODI 2015 "Wine Region of the Year" CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.nov citvcierkalodL ov Hon. Linda Lofthus, Presiding Judge San Joaquin County Superior Court 180 East Weber Avenue Room 1306J Stockton, CA 95202 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney RE: Response to the San Joaquin County Civil Grand Jury Report titled "Code Enforcement Departments in San Joaquin County 2017-2018 Case No. 0117" Dear Judge Lofthus: The City of Lodi has reviewed the report of the 2017-2018 San Joaquin County Civil Grand Jury Case No. 0117, regarding the Grand Jury's review of various code enforcement departments within the County, including the City of Lodi, to determine the level of enforcement within each jurisdiction. The Council has seriously considered Grand Jury findings F2.1 and F2.2. along with the Grand Jury's recommendations applicable to the City of Lodi, discussed the same with its professional staff, and pursuant to Penal Code section 933.05, submits its comments as set forth below. As required by Penal Code section 933(c), the Council's comments were approved at the Council's regularly scheduled meeting of August 1, 2018. Findings pertaining to the City of Lodi: Lodi F2.1: The City of Lodi is still experiencing budget and staffing reductions created by the housing crash in 2008 but is using senior volunteers to deliver notices of code violations, resulting in a voluntary compliance rate of 62%. City Response: Lodi agrees with this finding. Lodi F2.2: The homeless population continues to grow and creates increased blight and health issues. City Response: Lodi agrees with this finding. Recommendations pertaining to the City of Lodi: Lodi R1.1: Explore budget options and grant funding to improve code enforcement. City Response: The City currently has two full time code enforcement officers, having added a second officer in September, 2016, and continues to use senior volunteers (Partners) to deliver notices of code violation within the City. No further action is needed at this time. Lodi R1.2: Plan for future expansion of code enforcement efforts to meet the increasing needs of the community, including the homeless population. City Response: The City continues to address issues involving code enforcement, including the needs of our homeless population, by partnering with community group 'Take Back Lodi' on cleanup efforts in homeless encampments and the retrieval of abandoned shopping carts; enforcement of the City's shopping cart ordinance adopted in September 2017; supporting efforts of the County Homeless Task Force; and work with the faith -based community on its annual 'Love Lodi' community wide improvement and beautification projects. In addition, the City created the position of a Community Liaison Officer within the Police Department to assist with outreach to the homeless community. The Community Liaison Officer is assisted by a part-time employee. In the past eleven months the Officer has been able to assist more than 100 homeless people with housing, program placement, or reunification with friends and family. Of those individuals, 26 were placed into programs; and four veterans were placed into housing and counseling programs. The City is continuing to look at creative ways to expand code enforcement efforts within the community. Respectfully submitted, Alan Nakanishi Mayor c: Stephen Schwabauer, City Manager Jennifer M. Ferraiolo, City Clerk Janice D. Magdich, City Attorney Police Chief Tod Patterson CITY COUNCIL DOUG KUEHNE, Mayor ALAN NAKANISHI, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON JOANNE MOUNCE August 1, 2018 CITY OF LODI 2015 "Wine Region of the Year" CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.Qav citvclerkOlodl.gov Hon. Linda Lofthus, Presiding Judge San Joaquin County Superior Court 180 East Weber Avenue Room 1306J Stockton, CA 95202 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney RE: Response to the San Joaquin County Grand Jury Report titled "San Joaquin County Municipality Ethics Policies 2017-2018 Case No. 0917" Dear Judge Lofthus: The City of Lodi has reviewed the follow-up report to the 2017-2018 San Joaquin County Grand Jury Case No. 0917, regarding the City of Lodi's lack of a requirement that executive management staff participate in biannual AB 1234 training. The Council has seriously considered Grand Jury finding F5.1 and the accompanying Grand Jury recommendation applicable to the City of Lodi, discussed the same with its professional staff and pursuant to Penal Code section 933.05, submits its comments as set forth below. As required by Penal Code section 933(c), the Council's comments were approved at the Council's regularly scheduled meeting of August 1, 2018. Finding F5.1: The ethics policy for the City of Lodi does not cover the city manager, city attorney, city clerk or subordinate employees not represented by a bargaining unit. These officials require the same guidelines as elected officials to ensure they are acting ethically. City Response: Lodi agrees with this finding in part and disagrees in part. Lodi agrees that in general appointed officials should be held to the same ethical standard as elected officials. Indeed Lodi and its executive management team are bound by state law ethics rules that form the basis of ethics practices above and beyond the requirements of any local ordinance and are the product of California's Fair Political Practices Act. Our executive management team is required to review their Fair Political Practices Commission Form 700 and file the same annually. The form 700 contains an extensive discussion of ethics requirements that must be reviewed to accurately fill out the form. The state Legislature enacted AB 1234 in 2006 which required Council Members and Board Members who receive reimbursement or pay to receive biennial training on state ethics laws. AB 1234 explicitly left it up to municipalities to determine whether executive team members should be included in the biennial training. As such there is no legal requirement that executive management team members receive the training. That is not to say that it is not a good practice to require AB 1234 training and in Lodi under its current City Manager, executive management staff have been required to attend the AB 1234 ethics training session that the City Manager and City Attorney present to our Council and Commissions. Council agrees that formalizing that policy is a good practice and will revise its AB 1234 Policy to require the Executive Management Team to receive biennial AB 1234 ethics training Recommendation R5.1: By October 31, 2018, The Lodi City Council develop and adopt an ethics policy that governs the city management team. City Response: As discussed above State ethics law and AB 1234 already govern the City executive management team. However the City did not include AB 1234's option to require biennial training of the Executive Management Team in its AB 1234 policy. City will amend its AB 1234 training policy to require biennial training of the executive management team by October 31, 2018. The City thanks the Grand Jury for its engagement and review of ethics practices in San Joaquin County and appreciates the opportunity to respond to the report. Please feel free to contact us if you have any further questions. Respectfully, Alan Nakanishi Mayor c: Stephen Schwabauer, City Manager Jennifer M. Ferraiolo, City Clerk Janice D. Magdich, City Attorney