Live Life Lincoin . Live - Life. Lincoln-Live . Life . Lincoln - Live - Life . Lincoln . Live - Life Lipcoln.  MINUTES CITY OF LINCOLN Regular Meeting September 8, 2020  CITY COUNCIL, PUBLIC FINANCE AUTHORITY and REDEVELOPMENT SUCCESSOR AGENCY  OPEN SESSION MEETING  No Physical Location, Meeting conducted electronically on Zoom with Live Stream on City of Lincoln  YouTube Channel and' WAVE Channel 18.  1. CALL TO ORDER by Mayor Karleskint at 6:00PM.  2. ROLL CALL: Councilmembers present: Holly Andreatta - teleconference  Peter Gilbert - teleconference Paul Joiner teleconference Alyssa Silhi- teleconference Dan Karleskint- teleconference  Mayor  Roll Call: 5 members present, 0 members absent.  Staff members present: Jennifer Hanson, City Manager- teleconference  Kristine Mollenkopf, City Attorney teleconference Doug Lee, Public Safety Chief - teleconference Gary LeCheminant, Finance Director - teleconference Ray Leftwich, Public Works Dir./City Engineer teleconference Steve Prosser, Community Development Dir.- teleconference  Gwen Scanlon, City Clerk  Various City employees, consultants and members of the public were also present via teleconference. 3. REPORT FROM CLOSED SESSION -Mayor Karleskint stated there was no closed session  meeting.  4. PLEDGE OF ALLEGIANCE - Emily and Allison Frost led the Pledge of Allegiance.  5. AGENDA REVIEW MODIFICATION - none. 6. PRESENTATIONS = none.  7. PUBLIC COMMENT ON NON-AGENDAITEMS  a) Byron Chapman, a Lincoln resident, stated his concern with the city priorities discussion at the b) Shawna Clay, a Lincoln resident, stated her concern with condition of road on East 6th, East 7h, East 8th, East gth and South Herold Streets and requested ai timeline when these streets might be  September 1, 2020 work session meeting and city's inability to hire qualified staff.  repaired.  c) Todd Benzel, a Lincoln resident, agreed with previous speaker's comments.  Jennifer Hanson, City Manager, and Ray Leftwich, Public Works Director, responded briefly to concerns  related to road condition. 8. CONSENT  Mayor Karleskint asked if any members of the City Council or public would like to pull anyi items from the Consent Agenda, hearing none he called for a motion on the consent agenda. Councilmember Gilbert  600 Sixth Strect Lincoln, CA 95648 www.c.incoln.ca.us 916-434-2400    Live Life Lincoln Live. Life - Lincoln. Live Life Lincoln Live Life Lincoln Live Life Lincoln.  Page 2of5  City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes September 8, 2020  motioned approval of the consent agenda and the motion was seconded by Councimember Andreatta. By the following Vote (Approved): Gilbert - Aye, Andreatta - Aye, Joiner- - Aye, Silhi- Aye and 8.A. Approval of Minutes of August 25, 2020 Regular City Council and September 1, 2020' Work 8.B. Receive and file Contract Report, identifying contracts, task order and purchase orders executed  Karleskint - Aye - the consent agenda. Those items approved were:  Session meetings.  by the City Manager and filed in the Office oft the City Clerk by August 27, 2020. 8.C. Receive and File FY 2018-19 Audit Findings Status Update.  8.D. Adopt PROCLAMATION 2020-08 designating September 171 through 23, 2020 to be Constitution 8.E. Adopt RESOLUTION 2020-148 accepting the Warrants of August 21 and 27, 2020 to be placed on 8.F. Adopt RESOLUTION 2020-149 designating the City of Lincoln's voting delegate and alternate to 8.G. Adopt RESOLUTION 2020-150 accepting the Lincoln Boulevard Repaving Project -CIP3 333a as complete and authorized the City Clerk to file the Notice of Completion with the Placer County Recorder. Total construction cost of the project is $1,274,721 from Fund. 221 and 223 within CIP 333 of the Fiscal 8.H. Adopt RESOLUTION 2020-151 authorizing: (1) allocation of $135,160 from unencumbered balance of Street Fund 223 to CIP 428- - Markham Ravine Tributary Maintenance Project; (2) the City Manager to execute a contract for construction with Sierra National Construction, Inc. in the amount of $178,920 for the Markham Ravine Tributary Maintenance Project (CIP 428) and authorizing the City Engineer to approve change orders not to exceed $25,000; (3) the City Manager to execute a contract for construction management and inspection services with Coastland Civil Engineering in the amount of $53,340; and (4) the City Manager to execute a contract for environmental permitting support services The project is funded by $150,000 from Fund 277 as part of CIP 428 Markham Ravine Tributary Maintenance in the FY2020/2021 Capital Improvement. budget and an allocation of $135,160 from 8.. Adopt RESOLUTION 2020-152: (1) allocating $77,157 from unencumbered balance of Street Fund 223 to CIP 470 - 1st Street Resurfacing Phase 2; and (2) authorizing the City Manager to execute al Task Order with REY Engineers for engineering services fori the 1st Street Resurfacing Project Ph 2 in 8.J. Adopt RESOLUTION 2020-153 amending the both the Fiscal Year 2019-20 Capital Improvement Program budget and the Fiscal Year 2020-21 Capital Improvement Program budget. The total impact to the 2019-20 adopted CIP budget is a decrease across multiple funds in the amount of $23,717,722 and the total impact to the 2020-21 adopted CIP budget is an increase across multiple  Week.  file with the City Clerk and available for audit. the League of CA Cities Annual Conference.  Year 2019/20 Capital Improvement Budget.  with ECORP Consulting, Inc. ini the amount of $27,900. unencumbered balance of Street Fund 223 to CIP428.  the amount of $117,357.  funds in the amount of $22,588,274.  600 Sixth Street Lincoln, CA Ke'pwwalinalicaw +916-434-2400    Live Life Lincoln Live Life Lincoln. Live Life Lincoln Live Life Lincoln Live - Life Lipcoln  Page 3of5  City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes September 8, 2020 9. PUBLIC HEARINGS 10. GENERAL BUSINESS int the City of Lincoln.  10.A.Receive COVID-19 report, providing an update on the status of the COVID-19 state ofe emergency Jennifer Hanson, City Manager, gave a brief report. AI brief City Council discussion ensued regarding Placer County terminating their declaration of local emergency regarding COVID-19 and what  implications this might have for Lincoln. 10.B.Receive Public Safety Quarterly Report,  Doug Lee, Public Safety Chief, gave a brief staff report and powerpoint presentation. Abrief City Council discussion ensued regarding staffing and shifts in both Police and Fire. Mayor Karleskint a) Todd Benzel, a Lincoln resident, asked about the number of officers on each shift. Mayor Karleskint closed the discussion at 6:41PM with no further comments. City Councimembers 10.C.Adopt RESOLUTION 2020-154 authorizing the City Manager to execute the attached Lien Agreement to Secure the Payment of Motel Occupancy TAX to be executed between the City and the International Suites, LLC (operator) of the Hotel located at 155 Ferrari Ranch Road for a total amount to Jennifer Hanson, City Manager, gave a brief staff report. A brief City Council discussion ensued regarding occupancy rates during COVID-19. Mayor Karleskint opened the discussion to the public at a) Todd Benzel, a Lincoln resident, asked if any other hotels had to pay occupancy tax. Mayor Karleskint closed the discussion at 6:52PM with no further comments and asked for a motion. Councilmember Gilbert motioned approval of the resolution associated with this item and the motion was seconded by Councilmember Joiner. By the following Vote (Approved): Gilbert - Aye, Joiner - Aye, Andreatta - Aye, Silhi - Aye and Karleskint Aye - RESOLUTION 2020-154authorizing the City Manager to execute the attached Lien Agreement to Secure the Payment of Motel Occupancy TAX to be executed between the City and the International Suites, LLC (operator) of the Hotel located at 155 10.D.Adopt RESOLUTION 2020-155 approving the Interim Fee Agreement for the Village 1 Specific Once approved by City Council, it will be executed separately for each individual project within the Village 1 Specific Plan, until such time the 2016 Lincoln Village 1 Infrastructure and Public Facilities Financing Plan is updated and the City adopts the require Plan. Area Fee Program. Jennifer Hanson, City Manager, gave a brief staff report. Al lengthy City Council discussion ensued regarding: lack of nexus between fees and infrastructure being inconsistent with the Development Agreements and Mitigation Fee Act which opens the City up to additional review by the Grand Jury or  opened the discussion to the public at 6:40PM with the following comment:  thanked public safety staff for their professionalism and hard work.  be deferred in the amount $70,562.  6:51PM with the following comment:  Ferrari Ranch Road for a total amount to be deferred int the amount $70,562  Plan Public Facilities Financing Plan.  600 Sixth Strect Lincoln, CA 95648 www.d.lincoln.ca.us 916-434-2400    Live . Life - Lincoln . Live Life - Lincoln. Live - Life . Lincoln - Live - Life * Lincoln . Live Life Lipcoln  Page 4of5  City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes September 8, 2020 following comments:  State Auditors; apportionment of fees, and frustration due to item having to come before City Council for additional review and approval. Mayor Karleskint opened the public hearing at 7:27PM with the  a) Steve Thinglum, Silverado Homes Vice President, emailed written comments opposing this item which were forwarded to City Council prior to the meeting, made a part of these minutes by mention b) Jay Pawlek, Taylor Morrison Vice President, emailed written comments ini favor of this item which were forwarded to City Council prior to the meeting, made a part of these minutes by mention c) Chad Roberts, Elliott Homes, stated they were in support of this item and asked for clarification whether the individual agreements with developers would have to come back to City Council or could d) Ed Johanson, Silverado Homes, requested and was granted additional time for his public comment in opposition of the item. Mr. Johanson reiterated points made in written comment from Steve  thereof.  thereof.  the City Manager sign off?  Thinglum.  e) Jay Pawlek, Taylor Morrison Homes, spoke ini favor of the item.  Mayor Karleskint closed the public hearing at 7:45PM. Another brief City Council discussion ensued regarding: City Manager having the authority to sign the individual interim fee agreements with the developers; a nexus study wouldn't invalidate the Public Facilities Financing Plan (PFFP); timing of reimbursements would be impacted; front loading of fees with first phase developers paying a higher proportion; and the City is required to comply with the Mitigation Fee Act because they would be administering the fee program rather than a third party. With no further discussion, the Mayor called for a motion. Councimember Gilbert motioned approval of the resolution associated with this item and the motion was seconded by Councimember Joiner. By the following Vote (Approved): Gilbert - Aye, Joiner - Aye, Andreatta - Aye, Silhi- - Aye and Karleskint Aye - RESOLUTION 2020-155 approving the Interim Fee Agreement for the Village 1 Specific Plan Public Facilities Financing Plan. 10.E.Adopt RESOLUTION 2020-156 authorizing the City Manager to apply to the California Department of Housing and Community Development for a Community Development Block Grant Coronavirus Jennifer Hanson, City Manager, gave a brief staff report. Al brief City Council discussion ensued regarding: funds being used for residential utility bill relief as well as commercial relief; whether the City would be required to certify compliance with the State's COVID-19 requirements or returning the funding; and possibility oft the City making a political statement similar to Placer County's statements in connection with their recent action terminating their declaration of local emergency regarding COVID-19. With no further comment, Mayor Karleskint called for a motion. Councilmember Joiner motioned approval of the resolution associated with this item and the motion was seconded by Councimember Gilbert. By the following Vote (Approved): Joiner - Aye, Gilbert - Aye, Andreatta = Aye, Silhi- - Aye and Karleskint Aye RESOLUTION 2020-156 authorizing the City Manager to apply to the California Department of Housing and Community Development for a Community Development Block Grant Coronavirus Response Round 1 (CBDG-CV1). After the vote, Councilmembers Joiner and Andreatta  Response Round 1 (CBDG-CV1).  stated their reluctance to approve this item.  600 Sixth Street * Lincoln, CA 95648 "www.d.lincoln.ca.ux 916-434-2400    L Live . Life . Lincoln Live - Life Lincoln. Live - Life. Lincoln . Live . Life . Lincoln  Live. Life Lincoln  Page! 50 of5  City Council, Public Finance. Authority and Redevelopment Successor Agency Regular Meeting Minutes September 8, 2020  11. COUNCIL NITIATED BUSINESS  Councimember Andreatta requested City Council consensus to bring back a resolution in support of  City Councilmember from Torrance advocating taking back local control.  12. INFORMATION ITEMS  Councimember Silhi reported on poor air quality advisory due to fires. 13. ADJOURNMENT - Mayor Karleskint adjourned the meeting at 8:30PM.  Submitted by:  Gwen Scanlon, City Clerk  600 Sixth Street Lincoln, CA 95648*www.ci.lincoln.ca.us +916-434-2400    Gwendolyn Scanlon From: Sent: To: Cc: Subject: Attachments:  Steve Thinglun  Monday, September 07, 2020 4:48 PM  Dan Karleskint; Peter Gilbert; Alyssa Silhi; Holly Andreatta; Paul Joiner; Kristine Mollenkopf; Jennifer Hanson; Gwendolyn Scanlon; Ray Leftwich; Steve Prosser Ed. Johanson; Tom Evancie; Paul Eblen; Brian Spilman; Steve Thinglum Objection to Hearing on Interim Fee Agreements - Village 1 Specific Plan Hearing Objection st1.4F.docx; Exhibit A - Craig Sanberg Memo and Kristine Mollenkopt.pdf Exhibit B - Staff Report for Village 1 Finance Plan Hearing Sept 13, 2016.pdf; Exhibit C-- Village 1 Finance Plan Hearing Minutes and' Video Link.pdf  sthinglum@siveradohomes.com)  Dear Good Folks  Silverado Homes Inc., is the manager of Silverado Hidden Hills, LLC, a participant/developer in the Village 1 Specific Plan ("Silverado"). Attached is Silverado's Notice of Objection to the Hearing set for tomorrow evening, Tuesday,September: The proposed Interim Fee Agreements are completely improper and should be quashed. Wei trust that the attached  8, 2020 regarding proposed Interim Fee Agreements for the Public Facilities Financing Plan.  Notice will explain why.  Thank you for your attention to this matter.  Respectfully, Steve Thinglum Vice President Silverado Homes Inc.  3400 Douglas Blvd., Suite 270] Roseville, CA 95661 Office (916) 403-7625]Cell (916) 708-5600 BRE Broker Lic. No. 01133919  CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you  recognize the sender and know the content is safe.  1    To: City Council - City ofLincoln, California  amarlmglmgnages aterplpettelncneasoy Absasinicimonagoy olyamatrataamonasen Pauloineralingohncagox  Kristine Mollenkopf-- City Attorney; Kristine.mollenkopt@lincolnca.goy Jennifer Hanson - Cityl Manager; ennifer.hanson@linconca.gov Gwendolyn Scanlon - City Clerk; Gwendolyn.scanlonQlincolncagoy Ray Leftwich- - City Engineer; ylcfwichalimcolmasoy Steve Prosser - Community! Development Director; eveposrelimonagon  Fr: Silverado Hidden Hills LLC Re Interim Fee Agreements Da: September 7,2020  clo Silverado Homes Inc., itsl Manager ("Silverado")  LEGAL ADMINISTRATIVE NOTICE OF OBJECTIONTO HEARING  Oni the City Council agenda for Tuesday, September 8, 2020 is al hearing to approve "interim" fee agreements addressing both thei financing plan and fee credit andi reimbursement agreements for the Village 1 Specific Plan Public Facilities! Financing Plan. Fort the Council to consider approving these 1. Interim Agreements are Improper and Unnecessary. All stakeholders affected by the existing Public Facilities Financing Plan and Feel Reimbursement Agreement for the Village 1 Specific Plan have already negotiated and agreed to the terms of such plan, including the apportionment of all costs and burdens among the current and future stakeholders, as evidenced by fully executed Development Agreements ("DA's") and al Public Facilities Financing Plan ("PFFP" or "TFP") (together the "Existing Agreements") duly recorded at thel Placer County recorder's office. The proposed "interim" agreements serve only to act as a "Trojan Horse"1 to materially change and amend the Existing Agreements with a variety ofnew cost apportionments directly in conflict with those already contained int thel Existing Agreements. lfi implemented, these "interim" agreements with the material changes to the Existing Agreements would constitute a material breach ofthel Existing Agreements by the City. All parties must proceed with thel Existing 2. Existing Agreements are Valid -] No Nexis Discrepancy. To circumvent the Existing Agreements, the City Manager has reached the legal conclusion that thel Existing Agreements are legally invalid because they doi not meet thel Nexis test, despite an impressive list ofa attorneys and engineers who have allj participated int thej process and who believe otherwise. In fact, the City Manager stated in an open meeting that she reached this conclusion without her or anyone on her staff1 having read the Existing Agreements because everyone was "way tool busy and' behind". With all due respect to the City Manager, her legal conclusion is contrary to thel legal conclusions reached by the long list of1 land use attorneys who were involved with thei negotiations and  "interim" agreements is completely inappropriate for the following reasons:  Agreements.    drafting oft thel Existing Agreements between all ofthe stakeholders. That well-respected battery ofattorneys includes Jonathan Hobbs (City Attorney) and his co-counsel Leslie Walker at Kronick, Moskovitz, Tiedemann and Girard, Sacramento land use attorney Craig Sandberg, and Elliott Homes attorneys' Tim Taron and Chad Roberts, all along with their respective engineers. Further, current City Attorney Kristine Mollenkopf, after reviewing attorney Sandberg's written brief on why the Existing Agreements are valid and enforceable, opined back tol Mr. Sandberg in an email that "T've reviewed and agree with, your conclusion. Staff has been given that direction' "( (see Exhibit A - andberg/Molenkopt email chain). Ifthe City Attorney, after taking thet time to actually review thel Existing Agreements with Mr. Sandberg and forming her own legal opinion that thel Existing Agreements are valid and enforceable, gave such direction to the Cityl Manager, Silverado submits that continuing with these interim agreements and failing to move forward with the Existing Agreements would bei inappropriate and reckless. 3. Existing Agreements are Valid - The Plan Area Fee Agreements are Vested. The Existing Agreements include Section 4.2.1 oft thel DA which states "As more particularly described in Chapter 66 ofVolume 1 of the Infrastructure Financing Plan, City shall adopt and implement the Village 1 Plan Area Fee Program ("Plan. Area Fee Program)." Then turning to Chapter 6, Volume 1, the PFFP states: "The proposed Village. 1 Plan Area. Fee Program is anticipated to bei implemented by the City through approval of this Financing Plan and through the subsequent execution ofDAs between the City and each Village 1 property owner. The fee will be effective after the Financing Plan is approved and DAS are executed, which is anticipated to occur before thej first final small lot map is approved in Village 1." The Finance Plan for Village 1 was fully approved by the Council on September 13, 2016 (see attached Exhibit B - City Council Report on hearing, and Exhibit C - minutes oft the Council meeting) and the DA's for several Village 1 property owners have been executed and recorded. Therefore, per the Existing Agreements, thel Plan Area Feel Program has been implemented by definition. Oddly however, the City Manager repeatedly asserts in the "interim" agreements that the Plan Area Fee Program "has notj yet been adopted by the City". Once again, the City Manager is making claims as "facts" to support the "interim" agreements which are clearly false and not factual at all. The Plan Area Fee Program has been adopted by operation oft thel Existing Agreements and again, 4. Existing Agreements are. Fair and Equitable. The City Manager asserts that the Existing Agreements fail the Nexis test because the first phase improvements are disproportionately burdensome among the different phases making the Existing Agreements "invalid" which in turn gives the City Manager license to restructure anything within. These declarations are patently false, misleading and wrong. All oft the first phase improvements and the costs burdens thereof were: fully negotiated and agreed tol by all the parties and are set forth in the Existing Agreements, and a careful reading oft thel PFFP shows that the fee credit and reimbursement plan assures that all subsequent participants pay a fair and proportional amount of the first phase infrastructure costs by requiring later phases to fully reimburse prior phases for oversizing. To confirm, Jamie Gomes, the managing principal of] EPS (the City's own finance consultant) fully engaged and advised throughout the PFFP process and was instrumental inj putting together the approved PFFP finance plan. EPS has been the lead finance consultant for both private developer clients and government agencies in more finance plans than any other consultant in1 the region. Mr. Gomes supported and participated in all workshops leading up to thej public hearings and he also gave presentations to both thel Planning Commission and the City Council leading to1 the PFFP  thej proposed "interim" agreements are inappropriate and unnecessary.    approvals. Ifthere is any question as tol Mr. Gomes' integrity, intent and convictions regarding thel Existing Agreements, please see the September 13, 2016 City Council hearing approving the Village 1 Financing Plan at sssmstaN 1?view id-2 Time Stamp 3.01 wherel hei indicates that all property owners pay proportionally, 3.06 where he explains the fees, and 3.12 where he explains thej proportional sharing of Phase 1 and 2 oversizing equally with reimbursement by later phases. Nothing int the Existing. Agreements is outside the norm and in fact, they are very typical in this type of agreements. The Cityl Manager'sl Nexis failure argument is demonstrably wrong, and her conclusion that the costs are disproportionately  burdensome is demonstrably incorrect.  5. Existing Agreements Cannot Be Amended Unless In Writing. As mentioned, the Village 1 Specific Plan already has fully executed and recorded Developer Agreements and PFFP'sin place. We call your attention to three provisions relevant to amending the Existing Agreements: a. As part of thet terms and conditions contained: ini thel Existing Agreements, Section 1.7.1 ofthe DA states that "No amendment to this Agreement: shall be effective unless contained in a writing executed by both City and Developer, or its successors in interest." The City cannot change the terms ofthe Existing Agreements without b. Section 2 of the Village 1 Infrastructure Finance Plan Fee Reimbursement Agreement (Exhibit K tot the DA) begins by stating "This. Agreement is intended to implement and not to modif or amend in any way the vested provisions oft the IFP or the DA related thereto or the provision ofthe. Study or the IFP". However, this language was conspicuously and conveniently deleted from the City Manager's "interim" agreements. Section 9.7 contains a "Covenant of Good Faith and Fairl Dealing" provision which, among other things, "prohibits the parties from doing anything which would injure the rights ofa Party to receive the benefits ofthe Agreement, or do anything which would Silverado submits that approval of either or both oft these "interim" agreements would violate  Developer approval.  See paragraph (c) below!  render its performance under the Agreement. impossible".  all of these provisions, among many others.  6. Many Stakeholders Have No] Knowledge oft these Interim Agreements. While discussions among all the stakeholders on ai matter oft this importance would seem to be prudent, the fact oft the matter is that these new "interim" agreements havel been negotiated and discussed behind closed doors without the participation and input ofmost oft the stakeholders in the Village 1 Specific Plan. Tot this day, we are: informed and believe there are several stakeholders that have no idea that the changes being suggested in the "interim" agreements are being put forth by the City 7. Stakeholders Are Likely Unaware of this Hearing. These "interim" agreements were officially posted on the public records for notice just this Friday September 4, 2020 (coincidently the start ofa 3-day Labor Day weekend) with al hearing on this critical matter scheduled for Tuesday, September 8th at 6:00 pm (the day after the 3-day holiday). In addition tol having no idea that these interim agreements even exist, Isuspect that few, ifa any oft the landowner/developer:  Manager. Onlyas select few have been "allowed in the room".    stakeholders are even aware oft this action before the City Council. Ifthese "interim" agreements were to bel heard and/or approved under these cloaked circumstances, the resulting fireworks Conclusion: Setting aside for the moment the surreptitious nature ofhow these "interim" agreements came about, Silverado's position ist that the DA's and PFFP's incorporated within the Existing Agreements are legal, valid and fully enforceable. Silverado has expended millions of dollars in reliance upon thel Existing Agreements and expects the City to honor the Existing Agreements. The "interim" agreements are completely unnecessary: and would only serve to create unresolvable conflicts with the Existing Agreements. Accordingly, City Council should instead instruct the City Manager toi move forward on implementing the Existing Agreements and pursuant to: its provisions. address the following: 1. The: formation of the administrative process andj procedures by the City ini managing the on-going 2. Per the PFFP the updating of the engineer estimates to include CPI for time that has passed since plan adopted and as also informed by the actual bids and contract awards to date which pert the plan gets reviewed by staff on an annual basis going forward in a similar scheduled manner; and 3. When andi ift the Specific Plan is amended, to re-align Oak Treel Lane to exit to the north at 193 instead of Sierra College Blvd. to amend the costs lower based on changed infrastructure and associated costs resulting from this specific plan change per Article 6 oft thel PFFP program. The above is not only the legally correct path forward but keeps the City from double jeopardy ofl having  would bei unfortunate.  implementation ofthel PFFP/DA's according to thel Existing Agreements;  totally conflicting DA's and Financing Agreements between and among thej parties.  Exhibit. A - Sandbery/Molenkopt email chain Exhibit C. - Minutes oft the Council meeting  Exhibit B - City Council Report on September 13, 20161 hearing    1024 Iron Point Road Ste. 100#1280 Folsom, CA95630  LAW OFFICES OF CRAIG M. SANDBERG  MEMORANDUM  TO: FROM: DATE: RE:  Paul Eblen Craig Sandberg October 30. 2019  Village I Infrastructure Financing Plan  Youl have been informed by Lincoln Citys staff that the City may not be able to enforce thei feej program provided in the Village 1 entitlement package because no "nexus study" has been done justifying the fee and that a contract mayl be let with a consultant tol have one prepared. You asked me, based on my knowledge of the Village 1 entitlements, whether this is In my opinion, the Village 1 Infrastructure Finance Plan ("IFP"), as adopted by the City Council, complies with the Mitigation Fee Act ("MFA")( (Government Code Section 66001 et. seq.) by providing all oft the information that is necessary fort the adoption ofa ai fee and  true.  constitutes what people refer to as a nexus study.  Its should be pointed out that the MFA does not mention a "nexus study", but does set forthi thei information upon whicha a local agency mayr relyi in adopting a mitigation fee. As set forthi in Government Code! Section 66001/a)(1)-14) the City Council must have (1) Identified the purpose of the fee; (2) Identified the use to which the feei is to be put; (3) determined that there is a reasonable relationship between the fee's use and the type of development project; and (4) determined that how there is a reasonable relationship between the need ofthe public improvement and thet type of development project on which the fee is imposed. Case law has furtherr refined the notion of "reasonable relationship" to mean thet fee shall be proportional to thei impact created by the project on which it is imposed. This leads to the common term  benefit-nexus and the use of nexus studies.  The IFP clearly complies with the MFAI requirements byi identifying the purpose and uses oft thei fee as providing the financing program for backbone and projecti infrastructure necessary for development oft the Specific Plan area. The uses and need of thet fee are: similarly spelled out ini the IFPI byi identifying the common infrastructure necessary for development of the Plan. As for the proportionality component the IFP itself states that the Plan Area Feei is meant to equalize thei burden of property owners ande ensure that each property pays it proportionate share of infrastructure costs (see IFP, New) Village 1 Plan Area Fees, Page 13). Similarly, the: staff report provided to the City Council at thet time of the adoption oft thel IFP indicates thei intent and benefit oft the IFP is to equitably allocate VISPA backbone infrastructure and other publici facilities costs to land uses based on proportionate benefit received (City Council Report, from Matthew. JV Wheeler, September 13, 2016). Finally, the Village 1 Development Agreement which is to be executed by all landowners within the Specific Plan desiring to development their property provides as one of the benefits of entering into the    Paul Eblen Silverado Homes October 30, 2019 Page 2  Development Agreement that it results ini fairs share funding by Developer (Recitalk K, Development Agreement between City of Lincoln and Silverado Hidden Hills, LLC, September The bottom line is that although the IFP is not entitled a nexus study, it serves the purpose by complying with the MFA, and relevant case law, in providing all oft the required facts upon which a development feei must rely. Language in the IFP, the: staff report prepare for the IFP andi the Development Agreement, indicate the intent of the IFP wast to provide foran equitable spread of cost between property owners which is ati the heart of the reasonable  12,2017).  relationship test andi nexus.  Based on thet foregoing thei fee program outlined in the IFP was validly adopted by the City Council on: September 13, 2016, and all applicable statutes of limitation have since expired. Accordingly, the City may begin the processes outlined in the IFP for the collection of fees.    Law Offices of Craig Sandberg 1024 Iron Point Road, Suite 100! #1280 Folsom, CA 95630  2    Paul Eblen From: Sent: To: Subject: FYI.  Craig Sandberg Paul Eblen Fwd: Village 1 IFP  Thursday, November 7,20194:15PM  Sent from myi iPhone Begin forwarded message:  From: Kristine Molemnioplenitinemolenioufelaohagor Date: November 7, 2019 at 4:12:47 PMI PST To: Craig Sandberg Subject: RE: Village: 11 IFP Craig,  Thank you for this. I've reviewed and agree with your conclusion. Staff has been given that direction.  Kristine L. Mollenkopf, City Attorney  City of Lincoln 600 6th Street Lincoln, CA 95648 Direct Line: (916)434-2428 Facsimile: (916)654-8903  aryni Lincoln  Lhcis  Our Mission Tai providethei bghest.levelot SEIVIGE responsivet toour AES  enhance IB quamtyiflieant economicwitally. Sent: Thursday, November 7, 2019 10:16AM To: Kristine Mollenkopf rstine.molenkopfelincolnca.gove  From: Craig Sandberg! Subject: Village 1IFP Kristine, Craig Craig Sandberg  As we discussed, attached is the memorandum Isent Paul Eblen expressing my thoughts. Let  me know what youi think. Thanks for working out at time for our call.  1    10C  CITY COUNCIL REPORT  SUBJECT: SUBMITTED BY: DEPARTMENT: DATE:  Public Hearing to consider adoption of an Infrastructure Finance Plan for the Village 1 Specific Plan Area Matthew J. Wheeler, CDD Director Community Development September 13, 2016  STRATEGIC RELEVANCE:  Infrastructure and Economic Development: Adoption of this Infrastructure Finance Plan would provide the framework for construction of backbone public facilities infrastructure and amenities necessary to facilitate development within the Village 1 Specific Plan Area.  STAFF RECOWMENDATIONIS: Infrastructure Finance Plan, and:  Staff recommends the City Council conduct a public hearing to review the Village 1 1. Consider thei information contained in the report and testimony of the public; and, 2. Find that the Village 1 Specific Plan Final Environmental Impact Report (SCH# 2010102018) adequately considered the impacts of the proposed Infrastructure Finance Plan and no further environmental review is require pursuant to California Environmental Quality Act (CEQA) Guidelines section 15162 and Public Resources Code section 21166, and further, that the project is exempt from further environmental review pursuant to that Government Code section 65457 and CEQA Guidelines Section 15182 applicable  tod development consistent with an adopted Specific Plan. 3. Adopt a resolution approving the Village 1 Infrastructure Finance Plan.  BACKGROUND AND PURPOSE:  The Village 1 Specific Plan Area (V1SPA) is approximately 1,832 acres in size and is located east of the current City limits along Highway 193, within the City's Sphere of Influence. The village boundaries were established by the City's adopted 2050 General Plan. The V1SPA is generally bounded by Virginiatown Road to the north, existing City Limits to the west, existing City Limits (along the Twelve Bridges Specific Plan Area) to the south, and traverses between private property boundaries near Sierra College Blvd and Stardust Lane to the east. Auburn Ravine crosses through Village 1 along the northern portion of the plan area. The Village 1 Specific Plan, Environmental Impact Report, and General Development Plan were adopted by the Lincoln City Council in December 2012. Approximately 1,712 acres of the V1SPA was recently approved for annexation into the City Limits by the Placer County Local Agency Formation Commission (LAFCO), and annexation is expected to be complete (effective) by The existing V1SPA consists of 59 parcels of varying size with numerous property owners and varying uses. The Specific Plan identifies an integrated, muiti-faceted community area with a  August 15th, 2016.  1487019.1 13583-026  600Sixth Street Lingoln, CA 95648 www.lagha.aw 916.434:2400    ve Lte  1 Lincaln  central core that gradually transitions to lower density development toward the edges of the plan area and rural (county) interface. The Village 1 Specific Plan, General Development Plan, and associated infrastructure master plan documents detail the location and sizing of all backbone infrastructure necessary to support development of the plan, consistent with the City's adopted General Plan. The Village 1 Specific Plan and General Development Plan documents also identify the development character, amenities, street sections, and trails which will be developed The Village 1 Stakeholders Group consists of the active property owners/developers within the V1SPA who have been involved in preparation (and funding) of the Specific Plan, General Development Plan, Environmental Impact Report, Annexation efforts, and associated documents/efforts necessary to implement development of the plan. The Village 1 Stakeholders Group has been working with City staff and consultants to prepare the Infrastructure Finance The Village 1 Specific Plan and General Development Plan were crafted using the "village concept" as described in Section 4.4 of the City's General Plan. The village concept is intended to ensure that new developments meet the quality and mix of land uses desired by the City. As such, large land area planning over the Village 1 properties requires multiple land owners to work together to formulate land planning concepts and character for implementation of the specific plan development, similar to a master-developer. Construction and delivery of major backbone infrastructure and plan amenities must also be performed by a multitude of property owners/developers in a manner similar to a master developer. The purpose of the Village 1 Infrastructure Finance Plan is to detail the means and methods proposed by the V1SPA property owners to work together for delivery of the necessary backbone infrastructure and Each developer within the V1SPA must enter into a Development Agreement with the City (a requirement of the Specific Plan document) as part of entitlement applications for projects. The Village 1 Infrastructure Finance Plan details the requirements, timing, and mechanisms for developers within the V1SPA to share the costs and construction of the backbone infrastructure necessary to implement the Village 1 development projects. In addition, the Infrastructure Finance Plan provides support, reinforcement and regulation to the Village 1 Specific Plan and General Development Plan. The Village 1 Infrastructure Finance Plan will be a major component of the individual Development Agreements between the City and developers, which must be negotiated and approved. as part of entitlement application processing.  as part oft the infrastructure obligations oft the' V1SPA.  Plani for adoption and implementation by the City of Lincoln.  Purpose  amenities required oft the Specific Plan.  INDINGS/ANALYSIS: Goals  The major goals oft the infrastructure Finance Plan include:  Identify sequence and timing thresholds for construction of major infrastructure components necessary for orderly development and to ensure adequate facilities are Quantify developer funding obligations through phased implementation of backbone infrastructure for equitable cost sharing of improvements throughout construction Detail mechanisms for reimbursement to early developers for construction of backbone infrastructure components in excess of their own obligations using funds collected from  built to serve growth  later developers within the V1SPA  1487019.1 13583-026  600 Sixth Strcet Lincoln. CA 45648 ww.c.lincaln. 0.0X+916-4142400    uve  incpin  Provide opportunities for V1SPA developers to pool funds for construction of Public Facilities Element (PFE) obligations within the specific plan area and/or PFE mitigation Maximize available financial resources to optimize development returns, while creating a Provide adequate funding for city staff administration of thel Infrastructure Finance Plan The Village 1 Infrastructure Finance Plan identifies improvements and costs associated with the following backbone infrastructure, PFE obligations, and Specific Plan amenities:  obligations oft the V1SPA  "sense of place" with City-desired amenities  Plan Components  Potable Water Wastewater Non-Potable (Raw) Water Streets Drainage Trails Neighborhood Parks Regional Park Amenities  The Village 1 Infrastructure Finance Plan also includes the following discussions/detalis:  Framework for entitlement approvals within the' V1SPA Financing Plan policy guidelines Financing sources and strategy options  V1SPA Plan Area Fee Program components and eligibility for reimbursements and  credits  V1SPA Plan Area Fee Administration program and fees Infrastructure Finance Plan adjustments and updates Feasibility analysis of the financing plan  Analysis of ongoing operations and maintenance costs for public infrastructure and  safety  Financing Plan implementation action items and examples  The Village 1 Infrastructure Finance Plan is consistent with the Village 1 Specific Plan, General The Village 1 Infrastructure Finance Plan identifies goals and policies oft the plan which meet the interests of the Village 1 owners/developers as well as the City. These goals and policies provide a mechanism for the Village 1 property owners to work together to deliver major PFE projects identified within (or obligation of) the V1SPA in a similar manner as a master developer.  Development Plan, EIR, and associated documents.  Policies  1487019.1 13583-026  600 Sisth Street Lincoln, CA 95648 www.ci.linceln. ca.us 916-434:2400    These goals and policies are generally consistent with the City's adopted policies with the exceptions detailed below. The exceptions are necessary in order to facilitate the development of the V1SP by various developers in a manner consistent with the General Plan. Proposed Most of the early PFE fees collected within the V1SPA will be pooled and retained separate from the rest of the City PFE fees for use in constructing PFE infrastructure  non-standard policies in the Village 1 Infrastructure Finance Plani include:  obligations oft the' Village 1 Specific Plan development oft the' V1SPA  PFE Obligations include PFE items within the V1SPA boundary program would not be retained for use within the V1SPA  PFE Obligations include offsite PFE items identified as mitigation measures for The component(s) of PFE fees for critical elements identified in the City's PFE PFE fees collected within the V1SPA will only be retained (pooled) until the V1SPA PFE obligations have been met, subsequent PFE fees would be deposited into the City's PFE fee program for use on City-wide projects Credits for construction of eligible PFE projects may be used by developer who built the PFE infrastructure or transferred/sold to another developer within the V1SPA PFE credits are eligible for use in meeting PFE fee obligations at time of building PFE credits are not eligible for use in meeting critical element components Trails will be constructed and dedicated to the City as detailed in the Specific Plan as part of the' V1SPA obligations and/or individual development project obligations Dedication of constructed trails contemplated in the Village 1 Specific Plan will be The City will not collect the Trails portion of PFE fees for properties within the V1SPA due to the trails obligations being met through implementation of the Neighborhood parks will be constructed and dedicated to the City as detailed in the Specific Plan as part of the V1SPA obligations and/or individual development project Dedication of constructed (programmed) parks contemplated in the Village 1 Specific Plan will be considered meeting the' V1SPA obligations for neighborhood The City will not collect the Neighborhood Parks portion of PFE fees for properties within the V1SPA due to the parks obligations being met through City will require developers within the V1SPA to enter into development agreements which incorporate the Village 1 Infrastructure Finance Plan as obligations of the  permit  identified int the City's PFE program  considered meeting the V1SPA obligations for trails  Infrastructure Finance Plan  obligations  parks  implementation of the Infrastructure Finance Plan  development agreements. Obligations and Thresholds  The Infrastructure Finance Plan anticipates approximately 4,508 residential dwelling units over 915.5 developable acres within the V1SPA. This is less than the maximum allowable development units analyzed in the Specific Plan and associated documents. However, the Infrastructure Finance Plan only contemplates developments in the V1SPA which may begin construction within the next 201 to 30 years for sharing in the costs of backbone infrastructure to  1487019.1 13583-026  600 Sisth Street" lincoln, CA 95648 www. lincoln.ca: us 916-434-2400    sincoin  serve the specific plan. This means that all costs fori infrastructure obligations within the V1SPA are divided amongst a smaller sub-set of the total buildout units within the entire specific plan. This method was chosen for cost projections in order to ensure adequate funding will be available to construct the improvements within a reasonable timeframe of buildout for the  V1SPA. City Benefits  Examples of plan elements which benefit the Cityi include:  Eliminates the use of City funds to cover shortfalls or cash-flow issues related to AlI land for public facilities required for development on a property owner's property shall Ensures adequate Infrastructure ist funded and constructed within the V1SPAI in advance of identified development (dwelling unit) thresholds to support growth and necessary Provides a uniform method of fee collection, assignment of construction obligations, and  development with the' V1SPA  be dedicated to the City when requested by the City  mitigations  plan administration for properties developing within the' V1SPA Examples of plan elements to the benefit of the owner/developer include:  Developer Benefits  Clearly identify physical and financial obligations of the V1SPA and each property Equitably allocate V1SPA backbone infrastructure and other public facilities costs tol land Maximize use of existing funding tools and' pay-as-you-go mechanisms Make appropriate use of one or more public land-secured debt financing mechanisms Includes flexibllity of implementation to accommodate changes in development phasing, sequencing, costs, and land uses In response to market conditions  owners' development project  uses based on proportional benefit received  ENVRONMENTAL DETERMINATION  Pursuant to the requirements of the California Environmental Quality Act (Pub. Resources Code, S 21000 et seq., "CEQA") and the Environmental Guidelines of the City of Lincoln, the Infrastructure Finance Plan is consistent with the Village 1 Specific Plan Final Environmental Impact Report (SCH# 2010102018) ("FEIR") and no further environmental review is required None of the circumstances set forth in Public Resources Code section 21166 or CEQA Guidelines Section 15162 (Subsequent Environmental Impact Reports and Negative Declarations) requiring further environmental review exist. The Infrastructure Finance Plan is further exempt from additional environmental review pursuant to Government Code section 65457 and CEQA Guidelines section 15182 applicable to development consistent with adopted  specific plans. CONCLUSION:  Based upon its review, staff recommends that the City Council conduct a Public Hearing to receive testimony concerning the Village 1 Infrastructure Finance Plan and, at the close of the  hearing, take action to adopt the Village 1 Infrastructure Finance Plan.  1487019.1 13583-026  600 Sisth Street I mcol.CA9564s "ww.dalmcain.c+916-4142400    uve  ALTERNATIVES:  Alternatives fori the City Council to consider include: 3. Provide additional direction to staff.  1. Approve the Village 1 Infrastructure Finance Plan as presented; 2. Approve the Village 1 Infrastructure Finance Plan, with revisions;  FISCAL IMPACT: RELATED ACTIONS:  This item was presented to the Planning Commission on August 17, 2016 at their regularly scheduled meeting during a Public Hearing. Planning commissioners approved Resolution 2016-26 by a 4-2 vote recommending approval by the Planning Commission to the City Council for the approval of the Village 1 Infrastructure Finance Plan for the Village 1 Specific Plan Area. The two Planning Commissioners who voted "no" on the resolution recommending approval to the City Council stated that they did not believe this Infrastructure Finance Plan fell within the jurisdiction or duties of the Planning Commission to provide a recommendation. The two planning commissioners who voted "no" to the resolution did not take any exception to the  Infrastructure Plan or its contents. CITY MANAGER REVIEW OF CONTENT: APPROVED ASTO LEGAL FORM: LZW  ATTACHMENTS:  1. Resolution for adoption of the' Village 1 Infrastructure Finance Plan 2. Planning Commission Resolution 2016-26 recommending approval by the Planning Commission to the City Council for the approval oft the' Village 1 Infrastructure Finance  Plan  3. Village 1 Infrastructure Finance Plan (2' Volumes)  1487019.1 13583-026  600 Sixth Strcet Lincoln. CA 95648 ww.d.imcin..us"CAU-9I6-)42400    ve  ATTACHMENT 1-F Resolution for adoption of the Village 1 Infrastructure Finance Plan  1487019.1 13583-026  600 Sisth Street fincoln. CA 95A48-www.d.tllancoln.a.us*916-434-2400    CITY COUNCIL RESOLUTION NO. 2016-  ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN FOR THE APPROVAL OF THE VILLAGE 1 INFRASTRUCTURE FINANCE PLAN FOR THE VILLAGE 1 SPECIFIC WHEREAS, the Planning Commission of the City of Lincoln conducted al Public Hearing on August 17, 2016 for the Village 1 Infrastructure Finance Plan and recommended approval to the City Council for approval of the Village 1 Infrastructure Finance Plan according to Planning WHEREAS, the City Council of the City of Lincoln has conducted a Public Hearing for the Village 1 Infrastructure Finance Plan which provides implementation measures and guidelines for the Village 1 Specific Plan and associated development projects; and, WHEREAS, a Final Environmental Impact Report (FEIR) was filed and affirmed by the City of Lincoln for the Village 1 Specific Plan pursuant to City Council Resolution No. 2012-196, making findings of fact, adopting a Mitigation Monitoring Plan for the project; and, WHEREAS, the Village 1 Infrastructure Finance Plan is consistent with the FEIR and none of the circumstances set forth in Public Resources Code Section 21166 or California Environmental Quality Act (CEQA) Guidelines Section 15162 (Subsequent Environmental Impact Reports and Negative Declarations) require further environmental review; and WHEREAS, the Village 1 Infrastructure Finance Plan is further exempt from additional environmental review pursuant to Government Code section 65457 and CEQA Guidelines Section 15162 applicable to development consistent with adopted specific plans; and, WHEREAS, a public notice describing the Public Hearing for the Village 1 Infrastructure Finance Plan was published in the Lincoln News Messenger on September 01, 2016 pursuant NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LINCOLN DOES HEREBY RESOLVE TO APPROVE THE VILLAGE 1 INFRASTRUCTURE FINANCE PLAN FOR THE  PLAN AREA  Commission Resolution No. 2016-26; and,  to Section 17.16.150 of the Lincoin Municipal Code. VILLAGE 1 SPECIFIC PLAN AS FOLLOWS:  Section 1. The City Council hereby finds and determines that:  1. Pursuant to the requirements of the California Environmental Quality Act (CEQA) and the Environmental Guidelines oft the City of Lincoln, the City has determined that the project is exempt from further environmental review pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162 and 15182 based upon the Village 1 Specific Plan Environmental Impact Report, adopted on 2. The Village 1 Infrastructure Finance Plan is consistent with the adopted Village 1  November 27, 2012.  Specific Plan and General Development plan.    Section 2. Based on the findings set forth in this Resolution, and the evidence in the Staff Report, the City Council approves the Village 1 Infrastructure Finance Plan, and implementation for use with development projects within the Village 1 Specific Plan Area. PASSED AND ADOPTED this 13+h day of September, 2016, by thet following roll call vote:  AYES: NOES:  COUNCILMEMBERS: COUNCILMEMBERS:  ABSENT: COUNCILMEMBERS:  Spencer Short, Mayor  ATTEST:  Gwen Scanlon, City Clerk    ATTACHMENT2- - Planning Commission Resolution 2016-26 recommending approval by the Planning Commission to the City Council fort the approval oft the Village 1 Infrastructure Finance  Plan  1487019.1 13583-026  600 Sixths Street Lincoln. CA 95648 www.ci. Imcoln.ca. us 916-434-2400    PLANNING COMMISSION RESOLUTION NO. 2016-. 26  Al RESOLUTION RECOMMENDING APPROVAL BY THE PLANNING COMMISSION TO THE CITY COUNCIL FOR THE APPROVAL OF THE VILLAGE 1 INFRASTRUCTURE FINANCE WHEREAS, the Planning Commission of the City of Lincoln has conducted a Public Hearing for the Village 1 Infrastructure Finance Plan which provides implementation measures and guidelines for the Village 1 Specific Plan and associated development projects; and, WHEREAS, a Final Environmental Impact Report (FEIR) was filed and affirmed by the City of Lincoln for the Village 1 Specific Plan pursuant to City Council Resolution No. 2012-196, making findings of fact and adopting al Mitigation Monitoring Plani for the project; and, WHEREAS, the Village 1 Infrastructure Finance Plan is consistent with the FEIR and none of the circumstances set forth in Public Resources Code section 21166 or CEQA Guidelines Section 15162 (Subsequent Environmental Impact Reports and Negative WHEREAS, the Village 1 Infrastructure Finance Plan is further exempt from additional environmental review pursuant to Government Code section 65457 and CEQA Guidelines section 15182 applicable to development consistent with adopted specific plans; and WHEREAS, a public notice describing the Public Hearing for the Village 1 Infrastructure Finance Plan was published in the Lincoln News Messenger on August 4, 2016 pursuant to NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LINCOLN DOES HEREBY RESOLVE TO REÇOMMEND APPROVAL OF THE VILLAGE 1 INFRASTRUCTURE FINANCE PLAN FOR THE VILLAGE1S SPECIFIC PLAN AS FOLLOWS: Section 1. The Planning Commission hereby finds and determines that:  PLAN FOR THE VILLAGE 1 SPECIFIC PLAN AREA  Declarations) require further environmental review; and  Section 17.16.150 of the Lincoln Municipal Code.  1. Pursuant to the requirements of the California Environmental Quality Act (CEQA) and the Environmental Guidelines of the City of Lincoln, the City has determined that the project is exempt from further environmental review pursuant to Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15182 based upon the Village 1 Specific Plan Environmental Impact Report, adopted on 2. The Village 1 Infrastructure Finance Plan is consistent with the adopted Village 1 Section 2. Based on the findings set forth in this Resolution, and the evidence in the Staff Report, the Planning Commission hereby recommends to the City Council that the' Village 1 Infrastructure Finance Plan be approved, and be implemented for use with development  November 27, 2012.  Specific Plan and General Development Plan.  projects within the' Village 1 Specific Plan Area.    PASSED AND ADOPTED THIS 17" day of August, 2016, by the following roll call vote: AYES: 4 COMMISSIONERS: Watford, Plummer, Hutchinson, Karleskint  NOES: 2 COMMISSIONERS: Roberts, Lyons  ABSENT:  COMMISSIONERS:  CHAIRMAN  ATTEST:  SECRETARY    ATTACHMENT3-Vlage 1 Infrastructure Finance Plan (2 Volumes), Fiscal Memorandum and BROKEN OUTAND POSTED ON WEBSITE. AND INCLUDED IN9/6/2016 WORK SESSION  2F Powerpoint presentations  PACKET  1487019.1 13583-026  600 Sixth Strect Lincoln. CA 95648 Pawalancela.ca916-411240w    From the minutes:  Mayor Short called for recess at 8:27PM. Meeting reconvened at 8:36PM.  10C. VILLAGE 1 INFRASTRUCTURE FINANCE PLAN- Director of Community Development Matt Wheeler presented the staff report and introduced Jamie Gomes from EPS to explain the financial elements of the plan and answer questions. Ed. Johansen with Silverado Hories commended Staff for their assistance in bringing the project forwand. He encouraged Council to approve the Plan. Public hearing opened at 9:49PM.Pete Glampaoli, Epick Homes, Price Walker, Turkey Creek Estates, ElizabethLayn. Ross Snider. Dan Karleskint, Carol Leavell, George Kammerer representing the Village 3Landowners Associationand Tony Frayii spokeins support of approval. Following lengthy discussion motioned by Gilbert and seconded by Hydrick finding that the Vilage 1 Specific Plan Final Environmental Impact Report (SCH# 2010102018) adequately considered thel Impacts of the proposed Inrastructure Finance Plan and no further environmental review is require pursuant lo Califomia Environmental Quality Act (CEQA)Guidelines section 15162 and Public Resouroes Code section 21166, and further, that the project is exempt from further environmental review pursuant tot thal Govemment Code section 65457 and CEQA Guldelines Section 15182 applicable to development consistent with an adopted Specific Plan; and edopt Resolution 2016-181 approving the Village 1 Infrastructure Finance Plan. Approve by Roll Call Vote: Gilberl-Aye, Hydrick-Aye, Nader-Aye, Joiner-  Aye, Short-Aye. Link to video:  tp/monrancusommypbed/IMew id=2    Gwendolyn Scanlon  From: Sent: To: Cc: Subject: Attachments:  Jay Pawlek City Clerk  Tuesday, September 08, 20204 4:14PM Jennifer Hanson; Ryan Hatheway; Price Walker Comment on Council Item 10D  City Council Item 10D Taylor Morrison Comment (9-8-2020).pdf  lexpect to attend virtually tonight's meeting, but thought it easier to provide our comment in advance in writing. Please  forward the written comment to the Council members. Taylor Morrison is in support ofs staffsrecommendation.  Thank you. Jay Jay Pawlek  VP, Land Acquisition and Development  T:+19169320980  wiayormornson.com  Thisr message may contain confidertiai information andi is intended only fors the nameo addressee. IF you are not ther named addressee yous should not distribute or copy this e-mail. lfyour have received this e-maiil by mistake please delete itfrom your system. "layler Morrison recelvedt the highest numerical score in the proprletaryi Lifestory Research 2016, 2017,2018, 2019 and 2020 America's Most Trusted@ Home Builder study. Youre experiences may vary. Visitv ww.lesoyesearhcon: forc details.  CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you  recognize the sender and know the content is safe.  1    laylor/Morrison  MEMORANDUM  DATE: TO: FROM: RE:  September 8, 2020  City ofLincoln Mayor and City Council Jay Pawlek, Vice President Land 32  Agenda Item 10.D. Interim Fee. Agreement for the Village 1 Specific Plan  Taylor Morrison isi in support ofs staffsrecommendtion for the adoption oft the Interim Fee Taylor Morrison is the developer of the Esplanade at Turkey Creek project (previously known as Epick, Enclave, Walkup Ranch, and Lal Bella Rosa) located on the North side ofl McBean Park Drive between Auburn Ravine and Turkey Creek Golf Course. Taylor Morrison has made significant headway in the construction of necessary onsite and offsite improvements over the last 2 years and expects to bei ready to start home construction on the site later this season. Adoption ofthel Interim Fee. Agreement is a critical step towards allowing the timely recordation of Final Maps within Village 1 and ultimately towards construction on homes int the project.  Agreement for the Village 1 Specific Plan.  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