Live - Life - Lincoln - Live - Life. Lincoln. Live Life . Lincoln - Live. . Life - Lincoln - Live Life Lipcoln:  MINUTES CITY OF LINCOLN Regular Meeting January 28, 2020  CITY COUNCIL, PUBLIC FINANCE AUTHORITY and REDEVELOPMENT SUCCESSOR AGENCY  OPEN SESSION MEETING City Hall - Third Floor Council Chambers  INVOCATION led by Pastor Fred Benzel, GraceLife Church. 1. CALL TO ORDER by Mayor Karleskint at 6:01PM. 2. ROLL CALL: Councilmembers present: Holly Andreatta  Peter Gilbert Paul Joiner Alyssa Silhi Dan Karleskint  Mayor  Roll Call: 5 members present, 0 members absent.  Staff members present: Steve Prosser, Community Dev.Director/Acting City Manager  Kristine Mollenkopf, City Attorney Doug Lee, Public Safety Chief Gwen Scanlon, City Clerk  Ray Leftwich, Public Works Director/City Engineer Stephanie Beauchaine, Financial Consultant  Various City employees, consultants and members of the public were also present. 4. PLEDGE OF ALLEGIANCE led by Nancy Whitaker, Lincoln resident.  3. REPORT FROM CLOSED SESSION -I none. 5. AGENDA REVIEW MODIFICATION - none.  6. PRESENTATIONS of his 100th Birthday.  6.A. Proclamation 2020-01 presenting Tony Bellacera, Sr. with a key to the City of Lincoln in honor Mayor Karleskint called for a motion on the proclamation. Councimember Joiner motioned approval and Councilmember Gilbert seconded the motion which was unanimously approved. presented the  proclamation and key to the City to Mr. Bellacera who spoke a few words.  6.B. Lincoln Community Foundation Grant Awards.  Lincoln Community Foundation President Kris Knutson presented grants to various organizations.  6.C. Presentation of the 2019 Comprehensive Annual Financial Report.  Erica Pastor, Mann, Urrutia, Nelson CPA's gave a brief powerpoint presentation. City Councilmembers  thanked staff and audit team for their hard work. 7. PUBLIC COMMENT ON NON-AGENDAI ITEMS  a) Larry Whitaker, a Lincoln resident, stated his concern with the conflict between City Staff and the Lincoln Theatre Company (LTC) regarding the Civic Center. Mr. Whitaker requested City Council  give an extension to LTC to allow them to proceed with their next play.  600 Sixth Street Lincoln, CA 95648-www.ci.lincoln.ca-us 916-434-2400    Live Life . Lincoln - Live Life - Lincoln. Live - Life. Lincoln * Live.  Life . Lincoln - Live Life Lipcoln  Page 2 of5  City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes January 28, 2020  b) Fran Neves, a Lincoln resident and LTC season ticket holder, also stated her concern with the c) Dawn Mauer, a Citrus Heights resident, also stated her concern with the conflict between LTC and the City and an increased charge to use the Civic Center causing raised ticket prices. d) Mike Garabedian, al Lincoln resident, also spoke in concern of the conflict between LTC and the e) Maureen Peters, a former LTC Board member, encouraged all of the previous speakers to review the information available to the public regarding this conflict and encouraged the City to allow  conflict between the City and LTC and encouraged the City to seek a resolution.  City and encouraged the City to seek a resolution to avoid disruption.  multiple performing arts group to use the Civic Center.  8.  CONSENT  Mayor Karleskint stated he had a request to pull Items 8H from Staff and Items 8L and 8M from Counciimembers Andreatta and Silhi, respectively. Mayor Karleskint then asked if any member of the public would like to pull any Consent Agenda items for discussion, hearing none he called for a motion. Councilmember Gilbert motioned approval of the consent agenda and the motion was seconded by Councimember Joiner. By the following Vote (Approved): Gilbert- Aye, Joiner-A Aye, Andreatta - Aye, Silhi-Aye and Karleskint = Aye the balance of the consent agenda. Those items 8.A. Approval of Minutes of the January 7, 2020 Work Session and January 14, 2020 Regular City 8.B. Receive and file Contract Report, identifying contracts, task order and purchase orders executed by the City Manager and filed in the Office of the City Clerk by January 17, 2020. 8.C. Receive and File Treasurer's Report for the Period Ending November 30, 2019.  approved were: Council meetings.  8.D. Adopt RESOLUTION 2020-09 accepting the Warrants of January 10 and 17, 2020 to be placed 8.E. Adopt RESOLUTION 2020-10 approving the Fiscal Year 2020/21 Budget Calendar. 8.F. Adopt RESOLUTION 2020-11 modifying the Financial Reporting Policy.  on file with the City Clerk and available for audit.  8.G. Adopt RESOLUTION 2020-12 accepting the Twelve Bridges Village 11 Phase 2 Subdivision Improvements as complete and authorize the City Clerk toi file the Notice of Completion with the Placer 8.1. Adopt RESOLUTION 2020-14 authorizing the City Manager to approve the auction oft the surplus Public' Works Equipment items listed in the report through GovDeals.com or First Capitol 8.J. Adopt RESOLUTION 2020-15 authorizing the City Manager to approve change orders in the amount of $10,811 to the existing purchase order (PO) with Kirby Pump & Mechanical Inc., for repair work performed on Fiddyment Well, increasing the total authorized PO amount by an additional $10,811 (for a newi total of $45,811) so that final payment can be issued to the contractor and the  County Recorder.  Auction, or a similarly approved outlet.  project can be closed.  600 Sixth Street Lincoln, CA 95648 www.di.lincoln.ca.uX+916-34-2400    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 January 28, 2020 connection charges.  8.K. Waive second reading and adopt, by title only, ORDINANCE 1003B of the City of Lincoln amending Sections 13.04.160 and 13.04.360 to the Lincoln Municipal Code establishing source water  ITEMS PULLED FROM THE CONSENT AGENDA: 8.H. State Route 193 Relinquishment.  Ray Leftwich, Public' Works Director/City Engineer, gave al brief staff report and stated the agreement had minor changes sO a tracked changes version and final version were distributed to Councimembers, made a part oft these minutes by mention thereof. Mayor Karleskint opened the a) Fran Neves, a Lincoln resident, stated the contractors working on this portion of State Route Mayor Karleskint closed the public discussion at 6:52PM and 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 2020-13 authorizing the City Manager to execute the RELINQUISHMENT (STATE HIGHWAY). AGREEMENTS for that portion of State Route 1931 through Village 1 from Oak Tree Lane to a point 264 feet east of Stardust Lane, a letter accepting the Relinquishment in its current environmental condition and waiving the 90 day notice of Intention to Relinquish on behalf of the City, and other documents that may be necessary for the purposes of  discussion to the public at 6:51PM with the following comment:  193 have been very professional.  completing relinquishment oft the State Highway 8.L. "Green Means Go" Program.  Steve Prosser, Community Development Director/Acting City Manager, gave a brief staff report. Councimember Joiner gave a brief description of the program and stated a few cities, including Lincoln, had not endorsed the program and the Sacramento Area Council of Governments (SACOG) was hoping for 100% endorsement in order to get State funding. Councilmember Andreatta stated she had pulled the item to ask if all cities supported. Councimember Joiner responding a few had not voted yet but he thought it would be 100% endorsement. Mayor Karleskint opened the discussion to a) Fran Neves, a Lincoln resident, commented on the Council chambers room layout making it Mayor Karleskint closed the public discussion at 7:02PM and called for a motion. Councilmember Joiner motioned approval of the resolution associated with this item and the motion was seconded by Councilmember Andreatta. By the following Vote (Approved): Joiner-Aye, Andreatta - Aye, Gilbert- Aye, Silhi-Aye, and Karleskint - Aye: Resolution 2020-16 supporting the Sacramento Council of Government's "Green Means Go" greenhouse gas reduction pilot program. 8.M. CPUC Letter of Support for PG&E becoming a customer owned utility.  the public at 7:01PM with the following comment: hard for speakers to be recognized.  Steve Prosser, Community Development Director/Acting City Manager, gave a brief staff report. Councimember Silhi stated she had pulled the item because she is concerned with the language as it may have unintended consequences; she would prefer to ask the California Public Utility Commission (CPUC) to investigate PG&E becoming a customer owned utility. Al brief City Council discussion  600 Sixth Strect" I Lincoln, CA 95648 ww.d.liucohn.caus 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 January 28, 2020  ensued about revising the letter and whether there was a deadline. City Council consensus was to take no action on the resolution associated with this item and have staff revise the letter in line with the City's legislative platform. Mayor Karleskint opened and closed the discussion to the public at 7:16PM with no comments. NO ACTION TAKEN ON: RESOLUTION 2020-17 adding the City of Lincoln to a letter of support tot the California Public Utilities Commission (CPUC)recommending a structural  change for PG&E to become a customer owned utility.  9. PUBLIC HEARINGS  9.A. (1) Conduct a public hearing regarding a Tentative Parcel Mapi to Divide 18.33 Acres into two Parcels located on the southeast corner of Aviation Boulevard and Venture Drive Properly/Applicant owner: PW Fund B, LP, APN: 021-564-001); (2) Determine that the proposed project qualifies for a Categorical Exemption under Section 15315 Class 15 Minor Land Division, and thereby is exempt from further environmental review under the California Environmental Quality Act Guidelines; and (3) Adopt RESOLUTION 2020-18 approving the Venture Drive Tentative Parcel Map. Robert Poetsch, Senior Planner, gave a brief staff report and powerpoint presentation, made a part of these minutes by mention thereof. Mayor Karleskint opened the public hearing at 7:18PM with the a) Chris Griffin, the applicant's representative, wanted to clarify that the overhead utilities would only be undergrounded on the frontage of the project not the entire length of Aviation Boulevard. Mr. Poetsch confirmed the applicant is only responsible for portion fronting their project. Councimember Joiner stated the utilities were supposed to be undergrounded 20 years ago and fault lies as much with the City as developers; he wanted assurance that Staff would track the progress sO itv wasn't another 20 years for completion. Steve Prosser, Community Development Director/Acting City Manager, stated the applicant would be posting a bond in order to record the final map which Mayor Karleskint closed the public discussion at 7:20PM and called for a motion. Councilmember Joiner motioned approval of the resolution associated with this item and the motion was seconded by Councilmember Gilbert. By the following Vote (Approved): Joiner- - Aye, Andreatta - Aye, Gilbert- Aye, Silhi- Aye, and Karleskint- = Aye: RESOLUTION 2020-18 approving the Venture Drive Tentative 9.B. (1) Conduct Public Hearing 4 -al hearing to receive and consider input concerning transitioning tob by-district elections; (2) Waive full reading and introduce, by title only, ORDINANCE 1004B amending the City of Lincoln Municipal Code Title 2, Section 2 related to district elections; and (3) Receive a presentation from National Demographics, Inc. who will provide information and criteria for Jeff Tilton, from National Demographics Corporation (NDC), the City's consultant, gave a brief staff report and powerpoint presentation. Mayor Karleskint opened the public hearing  following comments:  gives the City the tools to ensure completion of undergrounding.  Parcel Map.  the future creation of by-district maps.  at 7:32PM with the following comments:  a) Eric Kurland, a Lincoln resident, gave al brief description of maps 111-115 that he submitted that all have identical southern districts pairing Twelve Bridges and Verdera neighborhoods asa community ofi interest in compliance with State of California Assembly Bill 849.  b) Mike Garabedian, a Lincoln resident, distributed an email that he sent to City  600 Sixth Strect' * Lincoln, CA 95648 www.d.limcoln.ca.us :916-434-2400    Live Life . Lincoln . Live . Life - Lincoln. Live - Life - Lincoln Live. Life - Lincoln . Live Life Lipcoln  Page 5of5  City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes January 28, 2020  Councilmembers just prior to the meeting, and stated his concerns with downtown area and  working/salaried families being a community of interest.  c) Kathy Curtis, a Lincoln resident, stated she like map 115 because it because it groups Old Mayor Karleskint closed the public hearing at 7:42PM and a lengthy City Council discussion ensued regarding which map each Councimember preferred or disliked and why and possible districts after Councilmember Joiner motioned approval of Map 114 and corresponding election sequence and the motion was seconded by Councimember Gilbert. A brief discussion ensued regarding Councimember Silhi's concern that she was split off from her neighborhood, Foskett Ranch, and her hope that this is resolved in next redistricting process based on 2020 census. By the following Vote (Approved): Joiner - Aye, Andreatta = Aye, Gilbert- - Aye, Silhi - Aye, and Karleskint - Aye: Map 114 Councimember Gilbert motioned approval of first read oft the ordinance and Councimember Joiner seconded the motion. By the following Vote (Approved): Gilbert - Aye, Joiner- - Aye, Andreatta- Aye, Silhi- Aye, and Karleskint - Aye: Waiver of full reading and introduction, by title only, ORDINANCE 1004B amending the City of Lincoln Municipal Code Title 2, Section 2 related to district 9.C. Waive full reading and introduce, by title only, ORDINANCE 1005B, repealing and re-enacting Chapter 5.16 oft the Lincoln Municipal Code regarding the regulation of special events; and finding the Kristine Mollenkopf, City Attorney, gave a brief staff report. A brief City Councimember discussion ensued regarding: bounce house and small birthday parties are different than requirements for large events; insurance and indemnification agreements and opportunities to purchase additional insurance ino order to have additional protection for the City; Portuguese Festival grandfathered in under separate agreement; and cost recovery for City Staff in co-sponsored events. Mayor Karleskint opened and Councilmember Gilbert motioned approval of first read of the ordinance and Councilmember Silhi seconded the motion. By the following Vote (Approved): Gilbert Aye, Silhi- Aye, Andreatta- = Aye, Joiner - Aye and Karleskint - Aye: Waiver of full reading and introduction, by title only, ORDINANCE 1005B, repealing and re-enacting Chapter 5.16 of the Lincoln Municipal Code regarding the regulation of special events; and finding the ordinance is exempt from environmental review under CEQA.  Downtown area and allows growth in all major growth areas of Lincoln.  the 2020 census is completed.  and corresponding election sequence.  elections.  ordinance is exempt from environmental review under CEQA.  closed the public hearing with no comments at 8:29PM.  10. GENERAL BUSINESS = none. 11. COUNCIL INITIATED BUSINESS = none.  12. INFORMATION ITEMS - Councilmember Andreatta thanked Roseville High students for attending.  13. ADJOURNMENT - Mayor Karleskint adjourned the meeting at 8:20PM.  Submitted by: dueréal Gwen Scanlon, City Clerk  600 Sixth Street Lincoln, CA 95648 www.di.lincoln.cauX+916-434.2400    8H  03-PLA-193. PMI 1.35/2.57 EA 03-3H700 ID0318000052 District Agreement 03-0711  Draft 03-07111.15.20v3  Commented [PRM1):  RELINQUISHMENT (STATE HIGHWAY). AGREEMENT  This AGREEMENT, effective on  isb between the State ofCalifornia,  acting through its Department ofTransportation, referred to as CALTRANS, and:  City ofLincoln al body politic and municipal corporation or chartered city of the  State of California, referred tol hereinafter as CITY.  RECITALS  1. CALTRANS and CITY, pursuant to California Streets andl Highways Code Sections 73 and 493 (a), are authorized to enter into a cooperative: agreement in order tor relinquish to CITY aj portion ofa State Highway within CITY's jurisdiction. 2. CALTRANS intends tor relinquish to CITY that portion of Statel Route 193 consisting of two-lane conventional: highway with shoulders between Oak Treel Lanet to 264-feet-past about 0.1 mile east of Stardust Lane, also being the east city limit oft the CITY, as shown in) Exhibit A, whichi is attached to andi made aj part oft this agreement, referred to hereinafter asl RELINQUISHEDI FACILITIES. Thist relinquishment: ist based on Legislativel Enactment (Assembly Bill 1456). CITYi is willing to accept said RELINQUISHEDI FACILITIES upon approval by the California Transportation Commission (CTC) ofal Resolution ofl Relinquishment: and CALTRANS'sI recording of 3. CALTRANS and CITY agreet that RELINQUISHED FACILITIES are currently ina 4. CALTRANS and CITY, collectively referred to as PARTIES, hereini intend to definet the terms and conditions under which relinquishment oft the! RELINQUISHED! FACILITIES  Commented [PRM2): ExhibitA As should beint thef form of relinquishment: map. Thec current mapi isr nots sufficient. See relinquishment: agreement template.  said Resolution with the County Recorder's Office.  state of good repair. ist tol be accomplished.    03-PLA-193. PM1.35/2.57 EA 03-3H700 ID0318000052 District Agreement 03-0711  Draft 03-07111.15.2043 CITY AGREES:  SECTIONI  1. Execution oft this AGREEMENT constitutes CITY's waiver of CALTRANS's obligation top provide ninety (90) days prior notice of CALTRANS's "Intention tol Relinquish" as set 2. Toa accept ownership, including all OfCALTRANS's current obligations, rights, title and interest in] RELINQUISHED: FACILITIES upon recordation of the CTC's Resolution of Relinquishment in the County Recorder's Office and to thereafter operate, maintain, and bel liable for RELINQUISHEDI FACILITIES atr no additional cost to CALTRANS. 3. To accept thel RELINQUISHED FACILITIES in their current environmental condition and setting, including but not limited to, thej presence ofhazardous materials as described int thel Initial Site. Assessment (ISA), "Hazardous Waste Assessment: Relinquishment Rel - 0ATISX- the Hazardous Waste Assessment Memet (Meme) dated] January 6,2 2020. CITY has received and reviewed copies oft the above-referenced ISA and) Memo. Upon recordation oft the CTC's Resolution ofl Relinquishment in the County Recorder's Office, CALTRANS will not ber responsible for any present or future  forthi in Streets and Highways Code Section 73.  remediation ofs said hazardous materials.  SECTIONII  CALTRANS. AGREES:  1. To1 relinquish, upont the approval oft the CTC's] Resolution of Relinquishment, the 2. To submit the CTC Resolution ofl Relinquishment tot the County Recorder's Office: for 3. Upon CITY's specific request, to transfer to CITY within sixty (60) days of such request, copies ofavailable CALTRANS records and files for thel RELINQUISHED FACILITIES, such as plans, survey data and right-of-way information.  RELINQUISHEDI FACILITIES. recording.  2    03-PLA-193 PMI 1.35/2.57 EA 03-3H700 ID0318000052 District Agreement 03-0711  Draft 03-07111.15.203  SECTION. III  TISMUTUALLY/ AGREED:  1.A All obligations OfCALTRANS undert thet terms oft this AGREEMENT are subject to the appropriation ofi resources byt thel Legislature, Statel Budget Act authority, programming of funds by the California Transportation Commission (CTC) and the allocation thereof 2. CALTRANS: reserves thei right to enter, ati no cost to CALTRANS, thel RELINQUISHED FACILITIES, to1 modify or add signage, drainage, and otheri improvements: necessary: for State Highway operations. CITY agrees to allow CALTRANS access to operate, maintain, add, remove, orI modify CALTRANS' facilities retained int those 3. CITY shall fully defend, indemnify and savel harmless CALTRANS anda all ofi its officers and employees from all claims, suits or actions related to environmental theories or assertions ofliability, including but not limited to, claims or lawsuits related tot the presence ofhazardous materials as described int thel Meme and ISA, dated. January 6, 2020. provided that the: actions, events, injuries, damages, or losses giving risei to any claims, suits or actions occurred on or arise after the date oft thei recordation oft the CTC's 4. CALTRANS shall: fully defend, indemnify and save harmless CITY and all ofi its officers and employees from all claims, suits or actions related to environmental theories or assertions of] liability, including, butr not limited to, claims orl lawsuits related to the presence ofhazardous materials as described int thel Meme and ISA, dated January 6, 2020.p provided that the: actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred or arosel beforet the date of recordation oft the CTC's Neither CALTRANS nor any officer or employee thereofi ist responsible for anyi injury, damage or liability occurring by reason of anything done or omitted tol be donel by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority orj jurisdiction conferred upon CITY under this AGREEMENT. Itis understood: and agreed that CITY, to the extent permitted by law, will defend, indemnify and savel harmless CALTRANS and all ofits officers and employees from all claims, suits or actions ofe every name, kinda and description' brought forth under, but not limited  byt the CTC.  RELNQUBSHEDFACITIES  Resolution of] Relinquishment.  Resolution of] Relinquishment.  3    03-PLA-193 PMI 1.35/2.57 EA 03-3H700 ID0318000052 District Agreement 03-0711  Draft 03-07111.15.20v3  to, tortious, contractual, inverse condemnation or other theories or assertions of1 liability occurring by reason ofa anything done or omitted tol be donel by CITY, its contractors, sub- 6. Neither CITY nora any officer or employee thereofi is responsible for anyi injury, damage orl liability occurring by reason of anything done or omitted tol bec done by CALTRANS, its contractors, sub-contractors, and/ori its agents under ori in connection with any work, authority or jurisdiction conferred upon CALTRANS under this AGREEMENT. Itis understood. anda agreed that CALTRANS, tot thee extent! permitted by law, will defend, indemnify and savel harmless CITY and alli its officers and employees from all claims, suits or actions ofe every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions ofl liability occurring by reason of anything done or omitted tol be donel by CALTRANS, its contractors, sub-contractors, and/ori its agents under this AGREEMENT. 7. No alteration oft the terms oft this AGREEMENT shalll be valid unless madei in writing and signed byt thel PARTIES hereto. No oral understanding or agreement noti incorporated hereins shall bel binding on any oft thel PARTIESI hereto. 8. This AGREEMENT shall terminate uponi recordation oft the CTC's Resolution of Relinquishment for thel RELINQUISHED: FACILITIES int the County Recorder's Office except for those provisions whicht relatet toi indemnification, ownership, operation, and maintenance, which shall remaini in effect until terminated ori modified in writing by  contractors, and/or its agents under this AGREEMENT.  mutual agreement.    03-PLA-193 PM 1.35/2.57 EA 03-3H700 ID0318000052 District Agreement 03-0711  Draft 03-0711 1.15.20v3  SIGNATURES  PARTIES declaret that:  1. Each PARTY is an authorized legal entity under California state law. 2. Eachl PARTY has the authority to enter into this agreement.  3. Thep people signing this agreement. have the authority to do so ont behalf oft their public agencies.  STATE OF CALIFORNIA By: Nadarajah Suthahar Acting] Deputy District Director District: 3. Program Project Management APPROVED. ASTOI FORM. AND PROCEDURE: By:  DEPARTMENT OF TRANSPORTATION CITY OF LINCOLN  By: City Manager ATTEST: By: City Clerk APPROVED ASTOFORM. AND PROCEDURE: By: City Attorney  Attorney, Department of Transportation VERIFICATION OF FUNDS & AUTHORITY: By: Mundeep' Takher District Project Control Officer CERTIFIED. AS1 TOE FINANCIALTERMS ANDI POLICIES: By: Nadinel Karavan HQ Accounting Supervisor  5    03-PLA-193 PMI 1,35/2.57 EA 03-3H700 ID0318000052 District Agreement 03-0711  Da03-0711.1520.  EXHIBITA -Relinquishment Map  Route 193 County Postmile: PLA1.347/PLA2.67 Statewide Postmlle: 0.001/1.224 YWCRCLGAOND Lincoln @  SieroP Pacicindusties  Vighniatowr  G  lineela) 1D: GoNCouse  6    03-PLA-193 PM1 1.35/2.57 District Agreement 03-0711  EA 03-3H700 ID0318000052  RELINQUISHMENT (STATE HIGHWAY): AGREEMENT  This AGREEMENT, effective on  is between the State of California,  acting through its Department ofTransportation, referred to as CALTRANS, and:  City ofLincoln al body politic and municipal corporation or chartered city oft the  State ofCalifornia, referred to hereinafter as CITY.  RECITALS  1. CALTRANS and CITY, pursuant to California Streets and Highways Code Sections 73 and 493 (a), are authorized to enter into a cooperative agreement in order to relinquish to 2. CALTRANS intends to relinquish to CITY that portion of State Route 193 consisting of two-lane conventional highway with shoulders between Oak Tree Lane to about 0.1 mile east of Stardust Lane, also being the east cityl limit of the CITY, as shown in Exhibit A, which is attached to and made aj part of this agreement, referred to hereinafter as RELINQUISHED FACILITIES. This relinquishment is based on Legislative Enactment (Assembly Bill 1456). CITY is willing to accept said RELINQUISHED FACILITIES upon approval by the California Transportation Commission (CTC) ofa Resolution of] Relinquishment and CALTRANSsreonling of said Resolution with the 3. CALTRANS and CITY agree that RELINQUISHED FACILITIES are currently in a 4. CALTRANS and CITY, collectively referred to as PARTIES, herein intend to define the terms and conditions under which relinquishment oft the RELINQUISHED FACILITIES  CITY aj portion ofa State Highway within CITY's jurisdiction.  County Recorder's Office. state of good repair.  is to be accomplished.  1    03-PLA-193 PM 1.35/2.57 District Agreement 03-0711  EA 03-3H700 ID0318000052  SECTIONI  CITY AGREES:  1. Execution oft this AGREEMENT constitutes CITY's waiver OfCALTRANS's obligation toj provide ninety (90) days prior notice OfCALTRANS's "Intention to Relinquish" as set 2. Toa accept ownership, including all OfCALTRANS's current obligations, rights, title and interest in RELINQUISHED FACILITIES upon recordation ofthe CTC's Resolution of Relinquishment in the County Recorder's Office and to thereafter operate, maintain, and be liable for RELINQUISHED FACILITIES at no additional cost to CALTRANS. 3. To accept the RELINQUISHED FACILITIES in their current environmental condition and setting, including but not limited to, the presence ofhazardous materials as described ini the Initial Site. Assessment (ISA), Hazardous Waste Assessment: Relinquishment Rel -( 03-0711," dated January 6, 2020. CITY has received and reviewed copies oft the above-referenced ISA and Memo. Upon recordation oft the CTC's Resolution of Relinquishment in the County Recorder's Office, CALTRANS will not bei responsible for  forth in Streets and Highways Code Section 73.  any present or future remediation ofs said hazardous materials.  SECTIONII  CALTRANS AGREES:  1. Tor relinquish, upon the approval of the CTC's Resolution of Relinquishment, the 2. To submit the CTC Resolution ofRelinquishment to the County Recorder's Office for 3. Upon CITY's specific request, to transfer to CITY within sixty (60) days of such request, copies ofavailable CALTRANS records and files for thel RELINQUISHED FACILITIES, such as plans, survey data and rghtofwayimtomation.  RELINQUISHED FACILITIES.  recording.  2    03-PLA-193 PM 1.35/2.57 District Agreement 03-0711  EA 03-3H700 ID0318000052  SECTIONI III  ITISM MUTUALLY AGREED:  1. All obligations OfCALTRANS under the terms oft this AGREEMENT are subject to the appropriation ofresources by the Legislature, State Budget Act authority, programming of funds by the California Transportation Commission (CTC) and the allocation thereof 2. CALTRANS reserves the right to enter, at no cost to CALTRANS, the RELINQUISHED FACILITIES, to modify or add signage, drainage, and other improvements necessary for State Highway operations. CITY agrees to allow CALTRANS access to operate, maintain, add, remove, or modify CALTRANS' facilities retained in those  by the CTC.  RELINQUISHED FACILITIES.  3. CITY shall fully defend, indemnify and save harmless CALTRANS and all ofits officers and employees from all claims, suits or actions related to environmental theories or assertions ofliability, including but not limited to, claims orl lawsuits related to the presence of hazardous materials as described in the ISA, dated January 6, 2020, provided that the actions, events, injuries, damages, orl losses giving rise to any claims, suits or actions occurred on or arise after the date oft the recordation oft the CTC's Resolution of 4. CALTRANS shall fully defend, indemnify and savel harmless CITY and all ofi its officers and employees from all claims, suits or actions related to environmental theories or assertions ofliability, including, but not limited to, claims or lawsuits related to the presence of1 hazardous materials as described in the ISA, dated January 6, 2020, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred or arose before the date of recordation oft the CTC's Resolution of 5. Neither CALTRANS nor any officer or employee thereofi is responsible for any injury, damage or liability occurring by reason of anything done or omitted tol be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CITY under this AGREEMENT. Itis understood and agreed that CITY, to the extent permitted by law, will defend, indemnify and save. harmless CALTRANS and all ofits officers and employees from all claims, suits or actions ofe every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of1 liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-  Relinquishment.  Relinquishment.  contractors, and/or its agents under this AGREEMENT.  3    03-PLA-193 PM 1.35/2.57 District Agreement 03-0711  EA 03-3H700 ID0318000052  6. Neither CITY nor any officer or employee thereofis responsible for any injury, damage or liability occurring by reason of anything done or omitted tol be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CALTRANS under this AGREEMENT. Itis understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions ofe every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of1 liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT. 7. No alteration oft the terms ofthis AGREEMENT shall be valid unless made in writing and signed by thel PARTIES hereto. No oral understanding or agreement not incorporated 8. This AGREEMENT shall terminate upon recordation oft the CTC's Resolution of Relinquishment for the RELINQUISHED FACILITIES in the County Recorder's Office except for those provisions which relate toi indemnification, ownership, operation, and maintenance, which shall remain in effect until terminated or modified in writing by  herein shall be binding on any oft the PARTIES hereto.  mutual agreement.  SIGNATURES  4    03-PLA-193 PM1.35/2.57 District Agreement 03-0711  EA 03-3H700 ID0318000052  PARTIES declare that:  1.1 Each PARTY is an authorized legal entity under California state law. 2. Each PARTY has the authority to enter into this agreement.  3. The people signing this agreement have the authority to do SO on behalf oft their public agencies.  STATE OF CALIFORNIA  CITY OF LINCOLN  DEPARTMENT OF TRANSPORTATION  By:  By:  Nadarajah Suthahar Acting Deputy District Director District 3 Program /1 Project Management  Jennifer Hanson City Manager  APPROVED ASTO FORM AND  ATTEST: By:  PROCEDURE: By:  Gwen Scanlon City Clerk  Attorney, Department ofTransportation  VERIFICATION OF FUNDS & AUTHORITY: By:  APPROVED AS TO FORM AND  PROCEDURE: By:  Mundeep Takher District Project Control Officer CERTIFIED AS TO: FINANCIAL TERMS  Kristine Mollenkopf City Attorney  AND POLICIES: By:  Nadine Karavan HQ Accounting Supervisor  5    0  AINAO) M3oVld N103NIT JOAIO ILH 398  'NT LSNdHVLS  S  TOHS VLDHS  -  IL YVO 'NT    N U  5 of 86 S  3  a  I  à  -        Mjasaszb  HHE  05-.137  0OYL 3,95.30.005  -  'GA78 NOLLVIAV    I    From: Michael Garabedian hsymradneartinaent Bcc: Michael Garabedian eyantadaneaminene  Subject: Ordinance 1004B working families community ofi interest January 28, 2020 redistricting hearing  MG  Date: January: 28, 2020at5:38PM To: clyclerk@incoinca.goy  District 5 on Maps 103 and 105 identifies what seems to be a good if not the best delineation of aworking/salaried families district community of interest. Many families with the that type and level ofi income pay a larger share of their income for services than other areas ini the city. Itis  not necessarily as much as other homes, but it is al bigger bite.  Ihave no opinion of the rest of 103 and 105.  Itlooks like Maps 109 and 108 seriously compromise and break up the city's moderate income, downtown commercial, traditional street layout, and old/older Lincoln, communities of interest. The permissible use of socio-economic factors can identify a community of interest. Itlooks like Lincoln has intentionally developed market rate housing beyond the reach of these families and families like them. The City's former Development Director described at the County Municipal Advisory Council how Lincoln entitled developments and a then put them of the market to sell to developers. Whenlasked him at one of these meetings, what affordable lasked at the last Lincoln Redistricting hearing what the definition of community ofi interest is. The answer from counsel was that this was discussed at a previous hearing and that almost everything is. This is not a sufficient definition when identifying what is a community ofi interest Int the past I've raised the question of protecting the downtown shopping area from competition from outlying existing and newer malls. At minimum there needs to be a balance between the downtown and outer neighborhood in addition to malls. Assuring the health of downtown commerce and avoiding commercial building vacancies is a clear and common objective. Lincoln new home ads ini the Bee are beyond the reach of these families, and many may no longer be able to afford two live in Lincoln. Placer County sees a study flow of people moving out who can't afford to live here. Most of us are likely to know someone who has moved away We also need to know if gentrification has started to happen ori ifiti is already happening in Proposed maps that merge families int the older street layout core with market rate houses and retirees (like me) require legal review about breaking up and diluting those working areas. I have no legal opinion about this, but it looks like districts that start in the older central area and radiate out tot the marked rate developments are the dilution of the nearer to downtown resident  Map 104 seems to have a similar problem.  housing requirements Lincoln had, he said none.  is that needs have an effective voice in elections.  inp part of larger part because of this.  Lincoln.  voting strength.  We also need to think about existing housing for the area's worker needs.  Michael Garabedian Schellbach Drive 916-719-7296    NON-AGENDA ITEMS  VOLUNTARY SPEAKER CARD - Please complete this card and present it to the  City Clerk prior to the start of the meeting.  MY NAME:  MEETING  LARRY WAITRKEA  DATE: ar/oa  EIreside inside City limits? Direside outside City limits in Placer County? DIreside outside City/County in  MY PHONE #:  MY EMAIL:  SUBJECT I'D LIKE TOSPEAK ON THEATER CLINCOLN  Speakers are requested to restrict their comments to issues that are within the jurisdiction of  the City Council and to stay within the three-minute time limit.  NON-AGENDA ITEMS  VOLUNTARY SPEAKER CARD - Please complete this card and present it to the  City Clerk prior to the start of the meeting. MYI NAME: fvai AoJas Cireside inside City limits? Direside outside City limits in Placer County? Ireside outside City/County in  MEETING DATE: yas/20  MY PHONE #:  MY EMAIL:  SUBJECT I'D LIKE TO: SPEAK ON:  LTC  Speakers are requested to restrict their comments to issues that are within thej jurisdiction of  the City Council and to stay within the three-minute time limit.    NON-AGENDA ITEMS  VOLUNTARY SPEAKER CARD - Please complete this card and present it to the  City Clerk prior to the start of the meeting. MAMEDawon Maurr  MY  MEETING  DATEElan 249  DIreside inside City limits? ireside outside City limits in Placer ETreside outside City/County in  Fhu6 Hegli  MY PHONE #  MY EMAIL:E  SUBJECT I'D LIKE TO: SPEAK ON No  RRecsohedele fr Livic Aulifrium  Speakers are requested to restrict their comments toi issues that are within the jurisdiction of  the City Council and to stay within the three-minute time limit.  NON-AGENDA ITEMS  VOLUNTARY SPEAKER CARD - Please complete this card and present it to the  City Clerk prior to the start of the meeting. MY NAME: Mllo Garobe Ereside inside City limits? DIreside outside City limits in Placer County? Ireside outside City/County in  MEETING DATE: 4el  MY PHONE #:  MY EMAIL:  SUBJECT I'D LIKE TOS SPEAK ON deot  Speakers are requested to restrict their comments to issues that are within the jurisdiction of  the City Council and to stay within the three-minute time limit.    NON-AGENDA ITEMS  VOLUNTARY SPEAKER CARD - Please complete this card and present it to the  City Clerk prior to the start of the meeting. MYN NAMEllauren Retus Ereside inside City limits? Ireside outside City limits in Placer County? DIreside outside City/County in_  MEETING DATE: lasla020  MY PHONE #:  MY EMAIL:  SUBJECT I'D LIKE TO: SPEAK ON Rerfomng Aas w Lincoln  Speakers are requested to restrict their comments to issues that are within the jurisdiction of  the City Council and to stay within the three-minute time limit.  ITEMS ON THE AGENDA  VOLUNTARY SPEAKER CARD - Please complete this card and present it to, the  City Clerk prior to the start of the meeting. MY NAME: Mike Grabalus Treside inside City limits? OTreside outside City limits in Placer County? DIreside outside City/County! in_  MEETING DATE:  Nzezo  MY PHONE #:  MY EMAIL: PPUBLIC  Please refer to tonight's REGULAR MEETING agenda to complete the section below:  CONSENT AGENDA ITEM # (PULL FOR DISCUSSION) GENERAL BUSINESS ITEM #  HEARING  9,6,  ITEM#_  JINFORMATION ITEM#  Speakers are requested to restrict their comments to issues that are within the jurisdiction of  the City Council andi to stay within the three-minute time limit.    -  d  N E -  8 5  M - 2    2  09 sueew uee.o, 500VS  f 3  2  sebieyo uoppeuuos Jejen - 8800L po jdopv 8 pees puz  5 > 1 2 >  IIOM quewAppi JOy pepJo ebueyo dund Aquix  d 4  1 2 >  gueudynbg sYOM olgnd snidns  2 1 2  u7isnpueis 01 uoruod quewysinbues £6L Aemyb!H ejeis  Z4d' ebeA sebpug ZL -OON Koyod bupodes leloueuls peypow  >  €  do  2 > > 1 2N 2 1  1 2 - : :  Jepuejeo jebpng LZ-0Z02 AS  sjueJeM  6L0Z '0E AON Buipue pojed JOy podey Speinsee.l  0  podes goenuoo  sbugeew ejnbes 4L uer 8 uoisses YJOM L uer = sejnu!w  JHVO6LOZ  spJemy que.g uogepunoy Ayjunwwoo ujoour Aepy18 400L JOy Koy eepeleg Auo L0-0Z02 D01d  - : I I 2 1 >    : : : : I : : : - : : : : : - : 1 - I : wunn I : : : :  - - :  - -  : : > N 2 2 1 * 2 1 >  sjueAs jejpeds JOy epueuIp-o peed 1sl  suoppeje 1sIp JO! eos !unw buipuewe "po peed 1sk  peos asl /v# bupeeH 19Par-suop91PASIO  dew leoed eAlejue eADa eunjueA  &  : - - - - - : - : : - : : :  I :  : I -  : I - - : I : - : : : : - I - - : I  Auunn peuno ewoysno 399d-1eme70ndo  : NN <oF 0z