Live Life . Lincoln - Live - Life. Lincoln. Live. Life Lincoln . Live . Life Lincoln Live Life Lincoln MINUTES CITY OF LINCOLN Regular Meeting May 10, 2022 CITY COUNCIL, PUBLIC FINANCE AUTHORITY and REDEVELOPMENT SUCCESSOR AGENCY OPEN SESSION MEETING Meeting conducted in-person at City Hall, 600 6th Street, Lincoln, CA and virtually on Zoom with Live Stream on City of Lincoln YouTube Channel and WAVE Channel 18. 1. CALL TO ORDER by Mayor Andreatta at 6:01PM. 2. ROLL CALL: Councilmembers present: Paul Joiner Dan Karleskint William Lauritsen Alyssa Silhi Mayor Holly Andreatta Kristine Mollenkopf, City Attorney Matt Alves, Public Safety Chief Jennifer Brown, Chief Innovation & Technology Officer Veronica Rodriguez, Human Resources Director Gwen Scanlon, City Clerk Travis Williams, City Engineer (consultant) Nita Wracker, Finance Director Roll Call: 5 members present, 0 members absent, 0 members excused. Staff members present: Sean Scully, City Manager Various City employees, consultants and members of the public were also present inj person and via teleconference. 3. REPORT FROM CLOSED SESSION- Kristine Mollenkopf, City Attorney, stated there was no reportable action from the April 27, 2022 closed session meeting but there is an action item on tonight's agenda and also that there was no reportable 4. PLEDGE OF ALLEGIANCE led by Scott Boynton, City of Lincoln Public' Works Supervisor. After the pledge, Councimember Silhi asked whether the closed session privilege could be waived for the action item on tonight's agenda. Kristine Mollenkopf, City Attorney, and KLM: said yes, the Council could waive privilege if they sO desired. Councimember Silhi made a motion and Councimember Karleskint seconded the motion to waive the right to confidentiality of closed session held on April 27, 2022 as it pertains to potential litigation. The motion to waive confidentiality of closed session as it relates to Item 10A, censure of Councilmember Lauritsen, on tonight's agenda was approved By the following Vote (Approved): Silhi - Aye, Karleskint Aye, Joiner = Aye, Andreatta - Aye and Lauritsen- - No. 5. AGENDA MODIFICATIONS Mayor Andreatta announced Item 8H, see full title below, had been pulled by staff. Sean Scully, City Manager, gave a brief explanation why the item was pulled. 8.H. (1). Adopt RESOLUTION 2022-102 accepting the grant deed for Lot 21 for storm drainage and water quality purposes within the Meadowlands Project; and (2) Adopt RESOLUTION 2022-103 accepting the Meadowlands Water Quality Ponds Public Improvements as complete and authorize the City Clerk toi file action from the closed session meeting earlier this evening. the Notice of Completion with the Placer County Recorder. - NO ACTION TAKEN. 600 Sixth Street *1 Lincoln, CA95648 www.di.lincohn.c.us+916-434-2400 Live. Life Lincoln Live Life Lincoln. Live - Life Lincoln - Live Life Lincoln Live Life Lipcoln Page: 2of9 City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes May 10, 2022 6.F PRESENTATIONS-none. 7. PUBLIC COMMENT ON NON-AGENDAITEMS a) Byron Chapman, a Lincoln resident, stated he is now able to find the ADA information on the City's new website and added his concern that the website isn't user friendly. 8. CONSENT Mayor Andreatta stated she had requested Item 80, Dominguez Landscape Contract, be pulled and asked ifa any members of the City Council or public would like to pull any other items from the Consent Agenda. Byron Chapman requested Items 8C, Foskett Regional Park Americans with Disability (ADA) Parking Lot Improvements, and 8D, Police Department ADAI Parking Lot Improvements, be pulled off of the consent agenda for discussion. Councimember Joiner motioned approval of the balance of the consent agenda and the motion was seconded by Councimember Karleskint. By the following Vote (Approved): Joiner- Aye, Karleskint - Aye, Lauritsen - Aye, Silhi- - Aye and Andreatta - Aye. Those items approved were: 8.A. Approval of Minutes of April 26, 2022 Regular City Council meeting. 8.B. Adopt RESOLUTION 2022-95 accepting the Warrants of April 22 and 29, 2022 to be placed on file 8.E. Adopt RESOLUTION 2022-98 accepting the Transit Stop Phase 2 Improvements, CIP 386A as complete, authorize staff to unencumber any budget remaining after all expenses have been paid and authorize the City Clerk to file the Notice of Completion with the County of Placer Recorder. 8.F. Adopt RESOLUTION 2022-99 accepting the Meadowlands Lot 1 Subdivision Improvements as complete and authorize the City Clerk to file the Notice of Completion with the Placer County Recorder. 8.G. (1) Adopt RESOLUTION 2022-100 accepting the irrevocable offers of dedication for Lot A for landscape buffer area and a grant deed for Lot U for storm drainage purposes as shown on the Meadowlands Lot 4 Final Map No. 2020-243; and (2) Adopt RESOLUTION 2022-101 accepting the Meadowlands Lot 4 Subdivision Improvements as complete and authorize the City Clerk to file the Notice 8.1. (1) Adopt RESOLUTION 2022-104 accepting Irrevocable Offers of Dedication for Public Utility Easements Adjacent to Portions of C Street, Gladding Parkway, Park Driveway, and 12th Street and on Lots. J, K,Q,R,S&T, and Park Driveway on Lot 7 for Public Road Purposes, Accept Grant Deed for Lots J,K,Q,S&Tfor! Landscape Area and Lot R for Emergency Vehicle Access and Landscape Area; and (2) Adopt RESOLUTION 2022-105 accepting the Meadowlands Offsite Public Improvements as complete and 8.J. Adopt RESOLUTION 2022-106 approving the Twelve Bridges Village 27 Parcel Map to subdivide Twelve Bridges Village 27 into three parcels, and authorizing the City Clerk to sign the Clerk's Statement 8.K. Adopt RESOLUTION2022-107 authorizing the City Manager to amend the purchase order with RailPros Field Services, Inc. for required utility construction observation in the amount of $331,667, with a A total of $366,667 will be funded from fund 298 from the Lincoln Boulevard Streetscape Improvement with the City Clerk and available for audit. of Completion with the Placer County Recorder. authorize the City Clerk to file a Notice of Completion with the Placer County Recorder. and récord the Parcel Map. total contract amount of $366,667. 600 Sixth Street . Lincoln, CA Kes'pa.lanandat +916-434-2400 Live Life Lincoln Live Life Lincoin. Live Life.L Lincoln Live - Life Lincoln Live. Life Lincoln. Page 3of9 City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes May 10, 2022 Project Phase 3 (CIP 354) and is eligible for CalTrans reimbursement. 8.L. Adopt RESOLUTION 2022-108 authorizing the city manager to execute purchase orders for the three vehicles in this report and to fund the higher than budgeted purchase price of up to $5,000 per vehicle within funds 270 LLAD, 731 Solid Waste, and 721 Wastewater to cover anticipated shortfalls. 8.M. Adopt RESOLUTION 2022-109 approving an Emergency Purchase of 793 Garbage Cans from Schaefer International Systems for ai total amount not to exceed $47,000, and to authorize a budget augmentation from the unencumbered fund balances of Funds 731 and 735 to evenly contribute an amount 8.N. Adopt Resolution 2022-110 authorizing the City Manager to execute a contract with Bear Electrical Solutions for an amount of $85,000 to replace a traffic signal oni the corner of Twelve Bridges and of $23,500 toward the purchase of this can order. Fieldstone Drive that was damaged during an accident. ITEMS PULLED FROM THE CONSENT AGENDA: 8.C. Foskett Regional Americans with Disabilities Act (ADA) Parking Lot Improvements Notice of Byron Chapman, a Lincoln resident, stated he pulled this item as he noticed a typo on page 3 of the staff report in the Environmental Review section that referenced project in Item 8D. Mr. Chapman also Mayor Andreatta opened and closed the discussion to the public with no further comments and called for a motion. Councilmember Joiner motioned approval of the item and the motion was seconded by Councilmember Silhi. By the following Vote (Approved): Joiner - Aye, Silhi - Aye, Karleskint - Aye, 1.A budget augmentation of $12,762 from the unencumbered balance of Fund 221-Streets to Foskett 2. The City Engineer to approve additional change orders in the amount of $10,046 over the original 3. Accepting the Foskett Regional Park ADA Parking Lot Improvements, CIP 451 as a complete and authorize the City Clerk to file the Notice of Completion with the County of Placer Recorder Completion (NOC). requested a graph be included in the staff report to show project area. Lauritsen - Aye, and Andreatta - Aye: RESOLUTION 2022-96 authorizing: Regional Park ADA Parking Lot Project (CIP 451); approval for unforeseen conditions encountered during construction; 8.D. Police Department ADA Parking Lot improvements NOC. was not included ini the Fiscal Impact section of the staff report. Byron Chapman, a Lincoln resident, stated he pulled this item as he was concerned that the project cost Sean Scully, City Manager, stated staff will include that information in future staff reports. Mayor Andreatta opened and closed the discussion to the public with no further comments and called for a motion. Councilmember Joiner motioned approval of the item and the motion was seconded by Councimember Karleskint. By the following Vote (Approved): Joiner - Aye, Karleskint - Aye, Lauritsen - Aye, Silhi = Aye and Andreatta - Aye: RESOLUTION 2022-97 accepting the Police Department ADA Parking Lot Improvements, CIP 496 as complete and authorize the City Clerk to file the Notice of Completion with the County of Placer Recorder. 600 Sixth Street Lincoln, CA 95648www.ci.incoln.ca.us*916-434-2400 Live. Life. Lincoln - Live . Life - Lincoln. Live . Life . Lincoln-Live - Life. Lincoln - Live Life Lincoln. Page 40 of9 City Council, Public Finance. Authority and Redevelopment. Successor Agency Regular Meeting Minutes May 10, 2022 8.0.Dominguez Landscaping Contract. Mayor Andreatta requested Item 80 be pulled sO that the City Manager could give a brief explanation. Sean Scully, City Manager, stated the City had contacted with Brightview Landscaping in October of last year and since early 2022 staff has noticed deficiencies in routine maintenance. He continued staff has exhausted their resources trying to work out contract compliance and have requested credits for services not rendered with no success. Mr. Scully concluded that since this is a significant contract that exceeds $1million, staff has decided to terminate and use another bidder that responded and is recommending approval of this contract. Mayor Andreatta opened the discussion to the public with the following comment: a) Albert Scheiber, Placer County resident, stated the City has a bad pattern of using the lowest bidder who can't perform and then another company has to come in and clean up mess and questioned Mayor Andreatta closed the discussion with no further comments and called for a motion. Councimember Joiner motioned approval of the item and the motion was seconded by Councimember Silhi. By the following Vote (Approved): Joiner - Aye, Silhi - Aye, Karleskint - Aye, Lauritsen - Aye and Andreatta = Aye: RESOLUTION 2022-111 authorizing the City Manager to execute a three-year contract with Dominguez Landscaping Services for Citywide Landscape Services. The contract will begin one month prior to the end oft fiscal year 21/22 however the first year of this three (3): year contract will begin July 1, 2022, and end June 30, 2023. The total amount oft the three-year contract will not exceed $1,498,752. (including Supplemental Services costs of $100,500) with the first term of the three-year contract ending on June 30, 2025, with an option to extend one additional three-year period ending June 30, 2028. The Contract allows for a 2.5% escalation annually beginning July 1, 2023, and shall be in effect at annual Landscape services are paid from the. Lighting and Landscaping Assessment District Fund 270, Fund 710, why Morrison Landscaping isn't still doing that work. renewal until June 30, 2028. 9. PUBLIC HEARINGS Fund 750, Fund 100, Fund 600, CFD (Community Facilities District) 2018-1 9.A. (1)Conduct a public hearing; and (2) Waive full reading and introduce, by title only, ORDINANCE 1045B adopting a written military equipment use policy and approving use, pursuit ofi funding for, and Matt Alves, Public Safety Chief, gave a brief staff report and displayed and described the equipment. A brief City Council discussion ensued regarding chemical shelf life and drones. Mayor Andreatta opened a) Sandy, a Placer County resident who didn't state her last name, asked if there is special location to store the equipment so it doesn'ti fall in wrong hands, if this is riot gear and where do officers aim pepper Matt Alves, Public Safety Chief, responded the equipment is locked up securely and is highly inaccessible; although the equipment could be used in riots it can be used for other types of calls; and officers aim for center mass away from areas that could cause significant injury but can also shoot the pepper spray into Mayor Andreatta closed the public hearing at 6:33PM with no further comments and called for a motion. acquisition of the military equipment described ini the policy for 2022. the public hearing at 6:30PM with the following comment: spray? vehicles to avoid injury. 600 Sixth Street' Lincoln, CA d8'vwwadlmahna9164343.00 Live. Life. Lincoln - Live . Life . Lincoln. Live - Life.Lincoln - Live . Life Lincoln . Live Life Lincoln Page! 5of9 City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes May 10, 2022 Councimember Joiner motioned approval of the introduction and waiver of full reading of the ordinance and the motion was seconded by Councilmember Silhi. By the following Vote (Approved): Joiner-Aye, Silhi - Aye, Karleskint -Aye, Lauritsen - Aye and Andreatta - Aye: introduction, by title only, of ORDINANCE 1045B adopting a written military equipment use policy and approving use, pursuit of funding for, and acquisition of the military equipment described in the policy for 2022. Councimember Joiner exited the room at 6:36PM and returned to the dais at 6:38PM. 9.B. (1) Conduct a public hearing; (2) Determine that the project remains exempt from the California Environmental Quality Act (CEQA) under Section 15315 (Minor Land Division) pertaining to division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels; and (3). Adopt RESOLUTION: 2022-112 approving the two (2): year time extension of the map expiration for the Venture Drive Tentative Parcel Map resulting in a new expiration of. January 28, 2024. (APN: 021-564- Rommel Pabalinas, Planning Manager, gave al brief staff report. Mayor Andreatta opened and closed the public hearing at 6:38PM with no comments and called for a motion. Councilmember Silhi motioned approval of the item and the motion was seconded by Councimember Karleskint. By the following Vote (Approved): Silhi - Aye, Karleskint - Aye, Joiner - Aye, Lauritsen - Aye and Andreatta = Aye: RESOLUTION 2022-112 approving the two (2) year time extension of the map expiration for the Venture Drive Tentative Parcel Map resulting in a new expiration of January 28, 2024. (APN: 021-564-001); 001); Applicant/Owner: Buzz Oates Construction (Sheridon Evans) Applicant/Owner: Buzz Oates Construction (Sheridon Evans). 10. GENERAL BUSINESS 10.A.Adopt RESOLUTION 2022-113 of Censure of Councimember William Lauritsen. Mayor Andreatta introduced the item and explained there was an altercation between Councimember Lauritsen and Matthew Oliver, a City business owner, at the April 25, 2022 3rd Congressional District Debate hosted by' William Jessup University. Mayor Andreatta continued the City received a letter of threatened litigation on April 26, 2022 from Mr. Oliver's legal representative and in response to that letter called an emergency closed session meeting which occurred on April 27, 2022. Mayor Andreatta concluded this item is on the agenda tonight for due process to allow Councimember Lauritsen to respond. Councimember Lauritsen stated he did not assault Mr. Oliver. He continued Mr. Oliver approached him at the debate and pushed his phone into his face while joking and laughing which can be seen in the full video of the incident. Councilmember Lauritsen continued that before the incident occurred, Mr. Oliver asked if anyone would receive a Will Smith slap' (a very well-known occurrence that happened at the Oscars late March, 2022). He stated that the incident was a bigi joke to Mr. Oliver who claimed the assault took his virginity. Councimember Lauritsen stated his only regret was that he did not walk away from Mr. Oliver Councimember Lauritsen stated he wasn't given an opportunity to respond to the Mayor's comments at the April 26, 2022 Council meeting. He continued that after the April 27, 2022 closed session meeting, City Council issued a press release, made a part oft these minutes by mention thereof, that he never voted on and if there were Brown Act violations they were done by his fellow councimembers not him and his due process was violated. He concluded that his actions did not warrant a censure and he disagree with the sooner. resolution of censure and all of its recitals. 600 Sixth Street . Lincoln, CA 95648 "www.d.lincoln.ca.u.UX+916-434.400 Live Life . Lincoln . Live. - Life . Lincoln. Live Life - Lincoln . Live Life . Lincoln - Live - Life Lincoln Page 60 of9 City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes May 10, 2022 Mayor Andreatta opened public comment at 6:48PM with the following comments: a) Agentleman, who did not provide his name or address, stated he watched Facebook video and heard Councilmember Lauritsen admit to top level security clearance and that only his rights mattered not Mr. Oliver's rights. He continued that censuring wasn't enough and that Councilmember Lauritsen should be removed from office for saying unvaccinated people are not American. b) Av woman, who did not provide her name or address, stated public office holders are held to a c) Richard Ropiak, did not state his address, stated he has known Matthew Oliver for years and never seen him without a smile. He continued that Councilmember Lauritsen's remarks were racist and higher standard and to lose control as Councimember Lauritsen did is not appropriate. hateful and he is an evil, sick man who should be removed from City Council. d) Lena Labosky, a Lincoln resident, stated Councilmember Lauritsen is her representative and she e) Tom Indrieri, Chief Executive Officer of Lincoln Area Chamber of Commerce, read into the record f) Mike Huang, a Roseville Doctor and State Senate candidate, stated our enemy would like to see us destroy each other and recounted a similar story when he was slapped by an attending in medical school. He continued that he did not ask that the attending be fired just that he treat people better and encouraged everyone to build each other up. Dr. Huang concluded by encouraging Councilmember Lauritsen and Mr. Oliver discuss the incident and move on and agreed that councimembers should be held g) Jerry Beresh, no address given, agreed with Dr. Huang's statements and stated his concern for due process and disenfranchising the residents of Councilmember Lauritsen's district if he was removed from all committees. He continued the City Council was in a rush toj judge and decide punishment before getting through due process and requested Council take more time and appoint a neutral party tol hear the h) Fred Barnhart, a resident of Councilmember Lauritsen's district, stated he found Councilmember Lauritsen approachable and responsive. He continued Councilmember Lauritsen was stalked and ambushed on Mr. Oliver's live video feed and even though he should have walked away, the City Council response is too drastic and unwarranted. Mr. Barnhart recommends the censure be withdrawn because it is out of proportion and would create a second-class councilmember and encouraged the censure to be i) Jennifer Lee, no address given, stated she was hoping to hear an apology from Councimember Lauritsen to the Olivers and is disturbed that he hasn't offered one yet. She continued he abused his urged City Council to pass the resolution because she is ashamed of his actions and words. his concerns regarding this incident, made a part of these minutes by mention thereof. too certain standards. facts and then decide course of action. rescinded. power and appropriate measures should be taken to avoid setting a precedence. Christina Ferreira, district director for Assemblyman Kevin Kiley who was one of the candidates k) Rachel LaForest, no address given, stated she was present at the debate and was about 10' away and saw the incident. She continued that Mr. Oliver stated he wanted to grab someone and she didn't know why he was filming but others kept their distance from him because he kept asking ift there would be punches thrown. Ms. LaForest stated the debate was professional except for Mr. Oliver whoresponded at the debate, spoke on the Assemblyman's behalf in support of the resolution of censure. 600 Sixth Street . Lincoln, CA 95648 www.ci.lincoln.ca.ts 916-434-2400 Live. Life . Lincoin . Live. Life - Lincoln. Live - Life - Lincoln - Live. . Life . Lincoln - Live. Life Lincoln Page 7of9 City Council, Public Finance. Authority and Redevelopment Successor Agency Regular Meeting Minutes May 10, 2022 very sarcastically to Councimember Lauritsen's response to who he was voting for. She concluded by stating Mr. Oliver's actions when he left the room, joking about drinking wine and saying the assault took Councimember Silhi encouraged everyone to be respectful of speakers after a number of folks laughed at ) Annette Irwin, did not state her name or address, stated she had spoken to the Council in the past on a number of controversial issues such as skatepark removal and proposed hotel and she isi in support of passing the resolution of censure. She concluded by stating Councilmember Lauritsen should my virginity which was a horrible slam against women. Ms. LaForest's comments. be removed from office immediately as asked about the recall process. m) Josh Armstrong, a Lincoln resident, stated he is not going to comment on the incident but stated the City and Placer County don'thave the power to change the mask mandates that are set by the State and Centers for Disease Control (CDC). He concluded by stating the debate should have been collaborative and conversation shouldn't have escalated toi that level and he hopes that Councimember Lauritsen and Mr. Oliver can come to an agreement. n) Lauren Hern, a young girl who didn't give address, asked why a grown man would act that way o) Danielle Sellers, a Lincoln resident, stated she is a teacher and the talk on the playgrounds a month ago was the Will Smith slap' which was all over social media. She stated she saw video of Councilmember Lauritsen attacking Mr. Oliver and her child asked why Councimember Lauritsen slapped Mr. Oliver and she explained it was because he is not vaccinated. Ms. Sellers stated Councilmember Lauritsen did represent the kids of the City of Lincoln, he only represents Sun City Lincoln Hills. to another grown man. p) Scott Cash, a Placer County commercial real estate broker and Lincoln resident, stated he had never attended a City Council meeting before tonight and everyone should be required to watch the video oft the incident. Mr. Cash stated money comes from business owners like Mr. Oliver and Councilmember Lauritsen's comments to Mr. Oliver's son were very disturbing and she should resign. q) Sue Wood Belisle, no address, stated people should look each other in the eyes and Councimember Lauritsen hasn't made any eye contact tonight asked him to resign. r) Kirk Uhler, Director of Placer Business Alliance and former Placer County Supervisor, stated the Business Alliance was not taking a position on this incident but as a Supervisor he had faced a number of controversial issues and elected officials have to hold themselves to a higher standard. He concluded the Councimember Lauritsen had placed the City and City Council in an awkward position and asked him to s) Matthew Oliver, a Lincoln business owner who was involved in the altercation, apologized to City Council that this incident is taking away from the City's business but doesn't apologize for revelation of Councimember Lauritsen. He continued he had an employee that was being abused that started out as a slap ended up costing her life and asked Councimember Lauritsen how he felt it was okay to assault someone. Mr. Oliver concluded by stating that he was going to stand up to Councilmember Lauritsen sO he doesn't have ability to assault anyone else and asked him to apologize and resign. resign. t) Dusty Tornay, a Lincoln resident, stated her concern that Councimember Lauritsen only cared about his rights and wasn't concerned with Mr. Oliver's rights. 600 Sixth Street Lincoln, CA 56s-yww.alacaha-916-4B42.00 Live. . Life. Lincoln - Live * Life . Lincoln. Live. Life. Lincoln . Live - Life - Lincoln - Live - Life Lincoln Page 80 of9 City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes May 10, 2022 Two emailed comments from Burton Mattson and Margaret Dobbs were forwarded to City Council prior to AI lengthy City Council discussion ensued. Councilmember Joiner stated he had hoped to hear something from Bill (Councimember Lauritsen) to mitigate the Council's action tonight. He continued no one wants to be here and a councilmember had never before been censured in history of Lincoln. Councimember Joiner stated Bill had several opportunities to disengage and he had never seen an elected official act this way. He concluded by stating no residents would be disenfranchised by Bill's removal from committees as he will still retain his voting rights on City Council and stated hei is in support of the resolution of censure. Councimember Karleskint stated the City of Lincoln is a microcosm of the nation where discourse has devolved into incivility. He continued both parties of this incident were complicit but only Bill is under City Council purview and the City Council appropriately called a closed session meeting after being notified of potential litigation. Councimember Karleskint stated at that meeting City Council consensus was gained and direction given to staff to proceed with a resolution of censure. Councilmember Karleskint also suggested the resolution of censure be revised to allow Bill to remain on City committees and to clearly reflect that Bill was not acting as a representative of the City of Lincoln but that he was supportive of the Councimember Silhi stated she had requested the waiver of client privilege from the April 27, 2022 closed session meeting to be transparent and keep the public's trust. She continued that Bill was given an opportunity to respond and he hasn'tapologized or even acknowledge that his behavior is not okay. Councimember Silhi concluded there needs to be clear expectations and consequences for inappropriate behavior of touch another person and that she is in support of the resolution of censure without any Councimember Lauritsen stated he never said Mr. Oliver has no rights or that he should be deported. He continued that Mr. Oliver's son told him that he wasn't a real American because he didn'tsupport his father's view on masking and vaccination. Councilmember Lauritsen stated he believes people should get vaccinated for COVID19 but doesn't believe it should be mandatory. He concluded by stated he was the victim because Mr. Oliver kept pushing the phone into his face and he was getting political retribution from his fellow councimembers because he wouldn't support Councimember Joiner as a candidate for Placer Mayor Andreatta wrapped up the lengthy discussion by stating that Councilmember Lauritsen was trying to bring partisanship into the discussion when it has nothing to do with politics or partisanship because all Councilmembers but Bill work really hard to be non-partisan and leave personal opinions aside to do the business of the City. She stated Bill's behavior is embarrassing and has set the City back in keeping the public's trust and recruiting for some key staff vacancies and stated she too is in favor oft the resolution of Another brief City Council discussion occurred about revisions to the resolution of censure with consensus tor move forward with the resolution with no changes because Councilmember Lauritsen could request the resolution be rescinded in the future. With no further discussion Mayor Andreatta called for a motion. Councimember Joiner motioned approval of the resolution with no changes and the motion was seconded by Councilmember Silhi. By the following Vote (Approved): Joiner - Aye, Silhi - Aye, Karleskint- Aye, Andreatta - Aye and Lauritsen - No: RESOLUTION 2022-113 of Censure of Councilmember William the meeting and are made a part of these minutes by mention thereof. resolution of censure. changes. County Supervisor. censure. Lauritsen. 600 Sixth Street * Lincoln, CA 95648 www.d.lincoln.ca.uA.US+916-434-2400 Live. Life Lincoln Live Life Lincoln. Live Life - Lincoln Live Life Lincoln Live Life Lincoln Page 9of9 City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes May 10, 2022 Mayor Andreatta announced the City Council would take a five-minute break at 8:07pm and the majority of the audience exited the Council Chambers. Mayor Andreatta and the other City Councilmembers returned 10.B.Adopt RESOLUTION 2022-114 approving the reclassification of the Finance Department's Payroll Technician position to a Sr. Payroll Technician and adoption of the salary schedule for the proposed Sr. Nita Wracker, Finance Director, gave a brief staff report. A brief City Council discussion occurred regarding whether payroll would bei internal to the new Enterprise Resource Planning (ERP) system or external and if payroll could be outsourced rather than performed by an internal employee. Mayor Andreatta opened and closed the discussion to the public with no comments and called for a motion. Councilmember Karleskint motioned approval of the item and the motion was seconded by Councilmember Silhi. By the following Vote (Approved): Karleskint - Aye, Silhi - Aye, Joiner - Aye, Lauritsen - Aye and Andreatta - Aye: RESOLUTION 2022-114 approving the reclassification of the Finance Department's Payroll Technician position to a Sr. Payroll Technician and adoption oft the salary schedule fori the 10.C.Adopt RESOLUTION 2022-115 approving amendments to the salary schedule for seasonal The cost for FY21/22 will be absorbed in the current budget and will be included in future year operational Justin Orton, Senior Human Resources Analyst, gave a brief staff report. Mayor Andreatta opened and closed the discussion to the public with no comments and called for a motion. Councilmember Joiner motioned approval of the item and the motion was seconded by Councimember Silhi. By the following Vote (Approved): Joiner - Aye, Silhi - Aye, Karleskint - Aye, Lauritsen - Aye and Andreatta - Aye: RESOLUTION 2022-115 approving amendments to the salary schedule for seasonal classifications. to the dais at 8:13PM and the meeting resumed. Payroll Technician classification. proposed Sr. Payroll Technician classification. classifications. budgets. 11. COUNCIL INITIATED BUSINESS Councimember Joiner requested a code of conduct based on the League of California Cities' governance role policy be brought back to a future workshop and received City Council consensus to do SO. 12. INFORMATION ITEMS attended in Washington, D.C. Mayor Andreatta gave a brief report on the Capitol-to-Capito: program that she and Councilmember Silhi 13. ADJOURNMENT - Mayor Andreatta adjourned the meeting at approx. 8:26PM. Submitted by: uenBranlon Gwen Scanlon, City Clerk 600 Sixth Street . Lincoln, CA 96i-vwwa.linaln.916443400 Lincoln Press Release Re: Councimember William Lauritsen Categories: FOR IMMEDIATE RELEASE Date: From: April 28, 2022 Holly Andreatta, Mayor Paul Joiner, Mayor Pro Tem Alyssa Silhi, Councilmember Dan Karleskint, Councilmember Re: The City of Lincoln City Council Response to Councilmember William Lauritsen's Violation of Workplace Standards and Council Code of Conduct Policies: Impending Censure On April 25, 2022, Councilmember William Lauritsen was verbally and physically aggressive toward a member of Lincoln's business community, verbally assaulting, and appearing to strike the individual at a debate forum for the Congressional Third District in front of a room full of witnesses and while being filmed on FaceBook Live. "This great City - our residents, our business community, our staff - expect and deserve the highest level of professionalism, respect, and integrity from their elected representatives. We, as a Council, hold ourselves to a higher standard and continually seek to earn and keep the trust of our public. Governing with accountability, transparency, and self-discipline is our primary responsibility. Councilmember Lauritsen's actions have violated this trust and jeopardized the people's confidence in their government. We take this very seriously, and are embarrassed, disgusted, and outraged by his behavior." "As a result of Councilmember Lauritsen's refusal to resign, Council is pursuing disciplinary options under our powers to censure and have restricted City funding for any events that Councilmember Lauritsen would attend on the City's behalf. However, ultimately, only the voters have the power of recall and removal from The Lincoln City Council took a step toward addressing the behavior of Councilmember William Lauritsen on April 27, 2022 providing direction to City staff after a meeting in closed session that lasted under an hour, resulting in staff direction to prepare a resolution of censure. Censure is a disciplinary procedure condemning the actions of a member of the legislative body and is the sternest discipline a City Council can administer to one of its members. The motion for censure will include a statement of charges and a resolution, which will be heard during general business at the next regular meeting of the City Council on May 10, 2022. Councilmember Lauritsen will have an opportunity at that meeting to defend In addition, at the same meeting the Council will consider removing Councilmember Lauritsen from all City and regional Boards, committees, commissions, task forces, and group assignments. Further, while Councilmember Lauritsen currently remains on Council and may appear as an individual, the City will not fund memberships or attendance at events on behalf of the City as a designated representative, including cancelling his participation in the annual Cap-to-Cap conference in Washington D.C next week, which is an important event to advocate Congress on behalf of Lincoln's "We as a Council jointly express our deep sadness and frustration for the loss of trust and respect Mr. Lauritsen has caused, particularly after years of longsuffering efforts to rebuild the City's relationship with the Lincoln community. We apologize on his behalf and will continue to work toward repairing the public's confidence in their Only the voters can remove a City Councimember from office by way of a recall election, conducted pursuant to Elections Code $11000, et seq. All four Councimembers demanding the resignation voice their support for a voter-driven office - which we strongly endorse." his conduct. and greater Sacramento's regional needs. public servants." recall of Councimember Lauritsen. To locate City of Lincoln City Council agendas, go to ttps://www.lincoinca.gov/en/our-government/agendas-and-minutes.aspx. Lincoln City Council meetings are in person at 6 pm on the second and fourth Tuesday of the month in Council chambers on the third floor of City Hall at 600 6th Street. ntps://Www.youruDe.com/cnannelucwsCW5YIR914LZKLIZBhZPID8Q and public participation is available virtually through zoom, the link for participation is posted Additionally, all meetings are live streamed on you tube on all agendas. ### Pircobls AREA CHAMBER OF COMMERCE CityofLincoln Council Meeting Comments 5/10/2022 As the CEO of the Lincoln Area Chamber of Commerce, Iwould like to reiterate our firm commitment to our business community. Ifeel compelled to comment on the events that occurred on April 25th at the Third District Candidate Forum. No matter the difference of opinions, political ideology or pressures placed on an elected official, one cannot let their emotions spill over into a verbal or physical confrontation with a constituent. As hard as it may be one has to walk away rather than engage in rhetoric that is unfitting of the position and responsibilities to the Council. As stated in the City's official response to this matter, "This great city, our residents, our business community, our staff expect and deserve the highest level of professionalism, respect, and integrity from their elected representatives. We as ac council, hold ourselves to a higher standard and continually seek to earn and keep the trust of our public." On a side note, as a former elected official Itoo found myself in many similar situations to which I had to refrain from letting my emotions get the best of me... Regarding Moving Forward: We have made tremendous strides on working together for the betterment of our businesses, non-profits and the community as a whole. Ib believe that this great community must continue to focus on delivering what makes Lincoln the special place that it is: Love of community, service, and the quality of life we have all come to enjoy in our great All-American City... Tom Indrieri CEO-Lincoln Area Chamber of Commerce Gwendolyn Scanlon From: Sent: To: Cc: Subject: Councilmembers: For your consideration. From: Kristine Mollenkopf Sent: Tuesday, May 10, 202210:17A AM To: Burt Cc: Holly Andreatta cnolyandreatta@lincoinca.gov> Subject: RE: Item 10A, 5/10/22 Agenda, Censure Kristine Mollenkopf Tuesday, May 10, 2022 10:25A AM Sean Scully; Gwendolyn Scanlon FW: Item 10A, 5/10/22 Agenda, Censure Alyssa Silhi; Dan Karleskint; Holly Andreatta; Paul. Joiner; William Lauritsen Mr. Mattson: Thank you fori forwarding your email. lwish to clarify my role, as I've learned manyi in the community do not fully understand the role of the City Attorney vis a vis City governance. As the City Attorney, Iwork for the City as a whole, the Council as a whole, and not any one particular elected official. Tot that end, lam not in a position to agree or disagree with any particular views on this subject. My work involves advancing the policy direction given to me by the With respect to the proposed resolution of censure, due process under the case law that has interpreted this issue thus far, requires the "accused" to be served with the proposed resolution of censure in advance oft the agenda item. Necessarily, therefore, it was published with the agenda. Councilmember Lauritsen was provided a copy in advance of the publication of the agenda. The Council is free to make any decision relative to the resolution it desires; whether that is to adopt it, not to adopt it, or revise it in any manner they deem appropriate from the dais. Again, thank you for your measured thoughts and analysis. Ihope this information was helpful toy you. voice as spoken by the majority vote oft the Council. From: Burt Sent: Tuesday, May 10, 20227:21AM To: Kristine Mollenkopfskristie.molenkoptelincolnca.gov> Cc: Holly Andreatta snolvandreatta@lincoinca.gov Subject: FW: Item 10A, 5/10/22 Agenda, Censure Hi Ms. Mollenkopf-lami forwarding this to you for your information. You may or may not agree with my views, butlwanted you to see them in the original form in case Mayor Andreatta reaches out to you for your opinion. Thank you. Burton W. Mattson 1 Andover Lane Lincoln, CA 95648 Sent from Mail for Windows From: Burt Sent: Monday, May 9, 20225:17PM To: HollyA Andreatta Cc: carolf@goldcountrymedia.com Subject: RE: Item 10A, 5/10/22 Agenda, Censure Hi Mayor Andreatta - Thank you for your response. Please consider these points: Lincoln News Messenger: Ireached out to the Lincoln News Messenger to find out who wrote the "Our View" piece. Carol Feineman, Managing Editor, responded. She told me that me that iti is the view of the newspaper. Iti is company policy to not publish names when the item is the view of the newspaper. lunderstand that the Lincoln News Messenger is not embarrassed by its policy, and stands behind its "Our' View" piece. lam sending a copy of this email to Ms. Feineman SO she can correct my statements if they are incorrect. Higher Standard: A higher standard of conduct is required not only of elected city officials but teachers, newspaper reporters, newspaper editors, police, judges, lawyers, doctors, public servants, and many other people. Ido not believe Lauritsen's conduct was sufficiently egregious to have damaged the trust of the City's regional partners. Objective regional partners and other observers are able to see that the interaction between Oliver and Lauritsen was jousting, horseplay, and banter. Oliver began the video asking if there would be punches thrown or slaps. He was laughing and smiling and "ready for a fight." On the second encounter, Oliver backed up to Lauritsen to sneak up on him. Oliverand Lauritsen ended smiling for a joint picture. Itis a significant stretch to assert that the City'sre regional partners have lost their trust in the City (and all of City government) based on this one event. Eveni if that is true-with which I disagree-a proportional response to a single such incident would be a written censure without other penalties. The next step would be removal from one committee for one month, or no longer paying for Lauritsen's attendance at City-related events for one month. A reasonable and proportional response, however, is not the penalty applied in the Resolution of Censure. Due Process: Iknow the City Council is not a court of law. lalso know that application of due process can vary depending upon situations and jurisdictions. Due process, however, more typically occurs when the judge (in this case the City Council) hears all the evidence and considers all relevant law and THEN comes to a decision. The judge does not issue a decision (in this case the proposed Resolution of Censure) before the trial. 2 The City'sapproach includes due process (i.e., Lauritsen and other will be able to speak on May 10 to provide more evidence than the City has collected to date). The City Council will then weigh the evidence and reach a decision. Ihope that due process results in the that decision being to set aside the Resolution of Censure. Ifthe proposed Resolution of Censure is adopted without modification, however, it applies the harshest of outcomes: (a) permanently removes a Councilmember from all City and regional committees and commissions, (b) permanently eliminates reimbursement for the Councilmember's attendance at City-involved events (and requires that he pay his own way), and (c) calls upon the Councilmemberto resign. It is hard to think of a harsher penalty. Before applying the harshest of penalties, I believe reasonable due process would require the City Council to appoint an independent, neutral person to collect the facts in an evidentiary hearing, and consider the law as presented by the two sides. This person would prepare a proposed resolution after hearing the matter (i.e., not before hearing the matter). That proposed resolution might be to dismiss the matter, apply a limited censure, or adopt the harshest of censures. The City Council could then consider the proposed resolution (after it being prepared by an independent and neutral person based on all the evidence and all the relevant law). Ift the harshest of penalties is applied by the City Council, iti is hard to believe that true due process will occur on one day (May 10) at one City Council meeting when the judges (the four sitting Councilmembers) appear to have made up their minds (see: April 28, 2022 Press Release). lhope you prove me wrong. CONCLUSION: While we disagree on this matter, lappreciate your considering my views. I especially appreciate that you reached out to me with your thoughts. Thank you. Sincerely, Burton W. Mattson Andover Lane Lincoln, CA95648 Sent from Mail for Windows From: Holly Andreatta Sent: Monday, May 9, 2022 12:11F PM To: Burton WI Mattson Subject: Re: Item 10A, 5/10/22 Agenda, Censure Mr. Mattson, 3 Thank you for your letter. lappreciate youri input. As an elected city official, Mr. Lauritsen is held to a higher standard than others. Whether he was attending this event as private citizen or not, he is known as a member of the Lincoln City Council. His actions have damaged the trust our regional partners have in us. We cannot afford to lose our voice in the region. Mr. Lauritsen is still your representative and there is nothing stopping him from representing District 4. Ifthe council SO chooses to remove him from his other committee appointments, you will still be represented by whoever fills those spots. Our work on regional boards and committees is on behalf ofa all of Lincoln, iti is not designated by districts. I'd like to reiterate that the actions being considered by the city council have nothing to do with partisan politics. That is not even part oft the conversation and Ir reject any accusation oft that nature. That seems to be a talking point of Mr. Lauritsen and his supporters but it's false. This is simply about Mr. Lauritsen's actions, Lastly, I'm also not interested in any article written where the author doesn't put a name to it. You cite the News Messenger's "Our View" piece. First of all, this isn'ta court of law. Second, DUE PROCESS is what is happening at tomorrow night's council meeting. We followed the legal process and this is how it is done. The only embarrassment is when someone writes an article making inflammatory accusations but won't put a nothing else. signature on it. Ido appreciate your perspective, however. Thank you for taking the time to write. For Lincolns For Youy HollyAndreattu Mayoro ofLincol INCOLN. sadu From: norepyeincoincasov morepvelincohncagop on behalf of Burton' WI Mattson < Sent: Sunday, May 8, 202210:27PM To: Holly Andreatta