Live. ife Lincoln Live Life Lincoln. Live - Life - Lincoln  Live. Life . Lincoln Live Life Lincoln  MINUTES CITY OF LINCOLN Regular Meeting December 11, 2018  CITY COUNCIL, PUBLIC FINANCE AUTHORITY and REDEVELOPMENT SUCCESSOR AGENGY  OPEN SESSION MEETING City Hall - Third Floor Conference Room 1. CALL TO ORDER by Mayor Nader at 6:00PM. 2. ROLL CALL: Councilmen present: Peter Gilbert  Paul Joiner Dan Karleskint Stan Nader  Mayor  Councilmen absent: Gabriel Hydrick  Roll Call: 4members present, 1 members absent, 0 members excused. Staff members present: Bob Adams, Interim City Manager  Kristine Mollenkopf, City Attorney Mike. Davis, Fire Division Chief Jennifer Hanson, Public Services Director Doug Lee, Police Chief Ray Leftwich, City Engineer Gwen Scanlon, City Clerk  Matt Wheeler, Community Development Director  Various City employees, consultants and members of the public were also present.  3. REPORT FROM CLOSED SESSION - nothing to report.  4. PLEDGE OF ALLEGIANCE led by Mark Luster, Sierra Pacific Industries Community Relations Manager.  5. INVOCATION by Pastor Mike Sanchez, First Street Community Church.  6. ELECTION RESULTS other such matters of law.  6.A. Adopt RESOLUTION 2018 - 257 certifying the official canvass of election, declaring the results of the consolidated general municipal election held on the sixth day of November, 2018, in the City of Lincoln and Motion to Approve this item by Councilman Gilbert and the motion was seconded by Councilman Joiner. By the following Vote (Approved): Gilbert = Aye, Joiner- - Aye, Karleskint - Aye, Nader- - Aye and Hydrick = Absent. The item approved was: RESOLUTION 2018- 257 certifying the official canvass of election, declaring the results of the consolidated general municipal election held on the sixth day of November, 2018,  in the City of Lincoln and other such matters of law. 7. SPECIAL PRESENTATIONS  7.A. Special presentation to outgoing Councilmembers. Nader made a brief speech about his term as a Councimember.  Gwen Scanlon, City Clerk, presented outgoing Mayor Nader with a City Council commendation. Mayor 8. OATH OF OFFICE for newly elected Councilmembers Andreatta and Silhi and incoming Mayor Joiner given by City Clerk Gwen Scanlon at 6:09PM. Outgoing Mayor Nader exited the dais at 6:12PM and  600 Sixth Strect Lincoln, CA 95648 1 ww.di-lincohn.ca.us 916-434-2400    Live - Life - Lincoln Live Life Lincoln. Live - Life - Lincoln . Live - Life Lincoln Live: Life Lincoln  Page 2of7  City Council, Public Finance Authority and Redevelopment Successor. Agency Regular Meeting Minutes December 11, 2018  incoming Mayor Joiner was seated at the dais. Incoming Councilmembers Andreatta and Silhi were also  seated at the dais and gave brief statements. 9. CITIZENS ADDRESSING COUNCIL  a) Jessica Booth, a Lincoln resident speaking on behalf of Ted Jones, asked when the folks who b) Fran Neves, current Women's Club President, introduced Vicky Reliford, incoming Women's Club President. Ms. Reliford distributed a letter entitled 'A Community Treasure', made a part of these minutes by mention thereof, and stated the Women's Club is al historical building that has a major leak and asked for the City's assistance. Mayor Joiner stated Bob Adams, City Manager, would contact them in regards to the issue and thanked Ms. Neves for all she does for the community. Ms. Neves stated the last time she spoke to City Council about ADA issues at the Women's Club an anonymous donor gave a sizable donation. c) Gloria Garcia-Piatt, a Lincoln resident, stated her concern with the lack of a crosswalk at 1st and R Streets and distributed a petition signed by approximately 200 residents who were also concerned with traffic in this area,made a part of these minutes by mention thereof. Ray Leftwich, City Engineer, stated he would  paid into the Oak Tree Mitigation Fund could expect a refund.  look into this issue.  d) Chris Fitzgerald, a Lincoln resident, stated his concern with the grading done by the Latter Day Saints Church behind his property. Mr. Fitzgerald stated he is concerned with the lack of privacy and his family's safety and stated he was not provided notice oft the changes in the grading plans. He invited all current Councilmembers to come visit his home sO they could see what he is talking about and distributed a  packet of information, made a part of these minutes by mention thereof.  10. AGENDA REVIEW MODIFICATION - none.  11. PRESENTATIONS  11.A. American Public' Works Association (APWA) Support Staff Person of the Year Award.  Jennifer Hanson, Public Services Director, presented award to Angela Frost, Senior Administrative Analyst in 11.B. Friends of the Lincoln Public Library (FOLL)presentation of a $6,000 check to cover staff salaries for Mary Nader and Fran Neves, FOLL members, presented the check to Mayor Joiner and gave a brief statement of services and distributed a FOLL fact sheet, made a part of these minutes by mention thereof.  the Public Services Department. Ms. Frost gave a brief statement of thanks. the Library's Mother Goose on the Loose and Family Movie Night.  12. COUNCIL INITIATED BUSINESS - none  13. CONSENT  Mayor Joiner stated Items 13H and 13N had been pulled off the consent agenda by Councilmembers and asked if any members of the public would like to pull anything, hearing none he called for a motion. Councimember Gilbert motioned approval of the balance oft the consent agenda and the motion was seconded by Councilman Karleskint. By the following Vote (Approved): Gilbert - Aye, Karleskint - Aye, Andreatta- Aye, Silhi- Aye and Joiner - Aye, the balance of the consent agenda. Those items approved  were:  600 Sixth Street Lincoln, CA 95648 www.dlincoln.ca.ux 916-434-2400    Live Life Lincoln Live Life Lincoln. Live - Life - Lincoln - Live Life Lincoln . Live - Life Lipcoln  Page 3of7  City Council, Public Finance Authority and Redevelopment: Successor. Agency Regular Meeting Minutes December 11, 2018 Council regular meetings.  13.A. Approval of the Minutes of the November 6, 2018 Council work session and November 13, 2018 City 13.B. Adopt RESOLUTION 2018-258 approving the Warrants of November 9 and 21, 2018.  13.C. Adopt RESOLUTION 2018-259 approving the appointments to the City committees, commission and boards and the external joint power agencies, regional boards and committees and direct staff to post the list of all regular and ongoing boards, commissions and committees as directed in the Maddy Act. 13.D. Adopt RESOLUTION 2018-260 accepting the Pothole Repair Project - CIP 331 as complete and authorize the City Clerk to file the Notice of Completion. Total cost of project is $231,300 from Fund 221 - Street Fund Gas Tax within CIP 331 of the Fiscal Year 2018/19 Capital Improvement Budget. 13.E. Adopt RESOLUTION 2018-261 authorizing the City Manager to execute a time extension of the Contract for Services with Salaber Associates, Inc. for construction management services for the Joiner Parkway - Twelve Bridges Drive Pavement Rehabilitation Project (CIP 375). The Construction phase of this 13.F. (1). Adopt RESOLUTION 2018-262 accepting a Grant Deed for waterline easement from Walmart and authorizing the City Clerk to record the Grant Deed at the office of the County Recorder; and (2) Adopt RESOLUTION 2018-263 accepting the Summerset Assisted Living Subdivision Improvements as complete and authorize the City Clerk toi file the Notice of Completion with the Placer County Recorder. 13.G. Adopt RESOLUTION 2018-264 augmenting $12,642 from unexpended balance from CIP 124 (221- 6870-85060-0124), to CIP 421 - Lincoln Crosswalk Enhancements at' Various Locations Project, and authorizing the City Engineer to approve change orders not to exceed $39,949 (increasing the contingency by $12,642) for the cost differential to construct the crosswalk enhancements at 3rd and M Street instead of 3rd and N Street for the Lincoln Crosswalk Enhancements at Various Locations Project (CIP 421). 13.1. Adopt RESOLUTION 2018-266 authorizing the City Manager to execute additional Contract for On- Call Professional Services Agreement for On-Call Planning Services with Raney Planning and Management, Inc. (Raney) to update the on-call consultant list for new term. All consultant/contractor and city staff costs are borne by the developer/applicant through a time and materials recovery deposit system under 13.J. Adopt RESOLUTION 2018-267 authorizing the City Manager to execute a Cooperative Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for renewal of Wildland Fire 13.K. Adopt RESOLUTION 2018-268 fori the approval of changes to the salary schedules for the 13.L. Adopt RESOLUTION 2018-269 approving side letter agreements between the City and various employee representation groups to suspend the existing 6-month vacation policy during City imposed 13.M. Adopt RESOLUTION 2018-270 authorizing the City of Lincoln's funding request for the FY 2018-2019 Beverage Container Recycling City/County Payment Program and authorize the Public Services Director, or  project is covered by Funds 298-RSTP Grant and 223-Streets TDA and 221-Gas Tax.  Development Services Fund 248.  Protection for the Village 1 Annexation Area.  Unrepresented and Mid-Management/Confidential employee groups.  closures.  his/her designee, to execute all necessary grant-related documents on behalf oft the City.  600 Sixth Street  Lincoln, CA 95648 www.di.lincoln.ca.us 916-434- -2400    Live . Life - Lincoln - Live Life Lincoln. Live - Life. - Lincoln . Live Life Lincoln Live Life Lincoln  Page 4of7  City Council, Public Finance Authority and Redevelopment Successor. Agency Regular Meeting Minutes December 11, 2018  ITEMS PULLED FROM THE CONSENT AGENDA:  Item 13H, Placer County Water Agency Facilities Agreement No. 2521 Amendment No. 2. Ray Leftwich, City Engineer, gave a brief staff report. Councimember Andreatta stated she pulled this item to ask for clarification on reimbursement credits and Councimember Silhi clarified that the City would be reimbursed for all costs, a brief discussion ensued. Mayor Joiner opened and closed the discussion to the Motion to Approve this item by Councilman Gilbert and the motion was seconded by Councilman Silhi. By the following Vote (Approved): Gilbert - Aye, Silhi- Aye, Andreatta - Aye, Karleskint - Aye and Joiner- Aye. The item approved was: RESOLUTION 2018-265 authorizing the City Manager to execute Amendment No. Two to Facilities Agreement No. 2521 with Placer County Water Agency for the upsizing of the Phase 3  public with no comments at 6:43PM.  Lincoln/Penryn Pipeline and Metering Station.  Item 13N, Amendment No. 1 to Contract with Stephanie N. Beauchaine, CFO.  Jennifer Hanson, Public Services Director, gave a brief staff report. Councimember Karleskint stated he pulled this item to ensure the amendment amount would allow enough time to complete the Comprehensive Annual Financial Audit (CAFR) and other special projects Stephanie is working on. ACouncil discussion ensued regarding number of hours needed and whether the dollar amount of the amendment should be increased. Mayor Joiner opened the discussion to the public at 6:59PM with the following comments: a) Donna Hodgson, a Lincoln resident, stated the CAFR should have been completed by October or November and it makes no sense to pay a consultant to perform this function as staff should have been working on this the past six months. Ms. Hodgson stated as she understood it, this amendment would be funded by the General Fund which would be a misappropriation as that money should go to Police and Fire. Mayor Joiner closed the public discussion at 7:03PM and clarified that this would not require a budget augmentation as it was being funded by staff vacancies and called for a motion. Motion to Approve this item by Councilman Karleskint and the motion was seconded by Councilman Gilbert. By the following Vote (Approved): Karleskint - Aye, Gilbert - Aye, Andreatta - Aye, Silhi- Aye and. Joiner- = Aye. The item approved was: RESOLUTION 2018-276 authorizing the City Manager to execute an amendment to the Contract for Services with Stephanie N. Beauchaine, CFO Consulting and Business Services, in the amount of $50,000 to provide interim financial management assistance, total contract amount not to exceed  $100,000.  14. PUBLIC HEARINGS  14.A. Waive full reading and introduce, by title only, ORDINANCE 981B of the City of Lincoln amending Sections 13.04.160 and 13.04.360 to the Lincoln Municipal Code establishing source water connection Ray Leftwich, City Engineer, gave a brief staff report and Kristine Mollenkopf, City Attorney, stated there  charges.  were minor typographical revisions to the proposed ordinance as follows:  13.04.360(a) = "Water connection fees shall..." 13.04.160(5)b - last word should be rate not rates.  13.04.160(4) - ". ...but in no cases..." should just be singular case.  600 Sixth Street Lincoln, CA 95648 wwwd.lincaln.ca.uy 916-434-2400    Live . Life - Lincoln - Live Life Lincoln. Live - Life - Lincoln - Live Life Lincoln Live: Life Lincoln  Page 5of7  City Council, Public Finance. Authority and Redevelopment Successor Agency Regular Meeting Minutes December 11, 2018  Mayor Joiner opened the public hearing at 7:11PM with the following comments:  a) Chris Fitzgerald, a Lincoln resident, asked how the City could charge water fees based on the b) Stan Nader, a Lincoln resident, stated his concern with the fiscal impact stated in the staff report which indicated no additional burden on revenue streams as he felt there is a fiscal risk not using documented flows. Mr. Nader questioned why a Nevada Irrigation District (NID) study and a mapi from prior c) Ted Jones, LIFT member (LIFT is a group unified to lifting Lincoln to new heights through integrity, financial responsibility and total transparency), stated there are excess reserves in the water connection and Placer County Water Agency (PCWA) funds and the water connection fees have always been arbitrary and using lot size as a basis for the fee is also arbitrary. Mr. Jones stated the reserves have been used ini inter- fund loans which need to be returned and urged refunds to those that paid the connection fees. Mayor Joiner closed the public hearing at 7:17PM. A brief Council discussion ensued regarding the NID study, when nexus study would be completed, why lot size was used and the connection fee is charged with the building permit not based on usage. Motion to Approve this item by Councilman Karleskint and the motion was seconded by Councilman Gilbert. By the following Vote (Approved): Karleskint - Aye, Gilbert -Aye, Andreatta - Aye, Silhi- Aye and. Joiner - Aye. The item approved was: first read of ORDINANCE 981B of the City of Lincoln amending Sections 13.04.160 and 13.04.360 to the Lincoln Municipal Code 14.B. (1) Conduct a public hearing for the Americans with Disabilities Act (ADA) Transition Plan Update to receive testimony from interested parties; and (2). Adopt RESOLUTION 2018-271 approving the Americans with Disabilities Act Transition Plan Update for the City of Lincoln. The fiscal impact of the plan adoption will be the recommended projects to be considered for implementation over the next 20+ years and will have a Ray Leftwich, City Engineer, gave a brief staff report and powerpoint presentation, made a part of these minutes by mention thereof. A brief Council discussion ensued regarding the plan being a five-year plan and whether all projects listed would be completed in that timeframe, new legislation making some projects non- compliant, amount spent on average annually, Accessibility Advisory Committee and no comments had been received during public review of the plan. Mayor Joiner opened the public hearing at 7:38PM with the  square footage of their lot rather than the amount they are using.  to 2007 was used as it was outdated.  establishing source water connection charges.  fiscal impact to the following funds: 100, 221, 244, 245, 270, 540 and 750.  following comments:  a) Fran Neves, a Lincoln resident, stated she tried to review the plan on her computer and it was very hard to scroll through sO many pages. Ms. Neves stated she was concerned with the Library front doors during a storm and stated the Library Awning project has been approved but the project cannot move forward due to another project, ADA compliance oft the parking lot, which must be completed first. Ms. Neves stated she hope the parking lot project could be completed so the floors in the library don't get destroyed. Another brief discussion ensued regarding ADA triggers and completion date of the parking lot project. Motion to Approve this item by Councilman Karleskint and the motion was seconded by Councilman Gilbert. By the following Vote (Approved): Karleskint - Aye, Gilbert - Aye, Andreatta - Aye, Silhi- Aye and Joiner  Aye. The item approved was: RESOLUTION 2018-271 approving the Americans with Disabilities Act  Transition Plan Update for the City of Lincoln.  600 Sixth Street. Lincoln, CA 95648 www.di.lincahn.ca.us 916-434-2400    Live Life - Lincoln . Live . Life Lincoln. Live ife Lincoln Live ife Lincoln Live Life Lincoln  Page 6of7  City Council, Public Finance Authority and Redevelopment Successor. Agency Regular Meeting Minutes December 11, 2018  14.C. Conduct a public hearing to receive public testimony in regards to amending the Public Facilities Element (PFE) fees for transportation, wastewater, water, drainage and community services. Effective date of March 1, 2019 would be implemented by adoption of a resolution amending the aforementioned PFE fees for new development and the proposed changes to the Municipal Code Sections: 13.04.160 regarding the water connection charge, 13.12.050 regarding factors for types of sewer service, 13.12.060 regarding the sewer connection charge and 13.04.360 regarding establishment - apportionment; and the addition of Mayor Joiner stated this public hearing was continued to the next regular meeting on January 8, 2019 and  Municipal Code Section 13.04.364 regarding city water connection fees. opened and closed the public hearing at 7:46PM with no comments.  15. GENERAL BUSINESS  15.A. City Council consider upgrading the City Council Chambers Audio Visual equipment to improve organizational efficiency and adopt RESOLUTION 2018-272 authorizing (1) the City Manager to execute an agreement with AVI-SPL to purchase or lease and integrate AV equipment; (2) change day, time and/or location of City Council Work Session meetings; and (3) purchase an Americans with Disability Act (ADA) podium. Total cost of the project is $159,699 from General Fund which will be offset by Public Education Government (PEG) revenue and savings from outside video services no longer being required. Gwen Scanlon, City Clerk, gave a brief staff report. A brief Council discussion ensued regarding the layout of the Council Chambers for study sessions and other meetings, Western Placer Unified School District use of the room and whether they pay their fair share, improving transparency by filming work session and Planning Commission meetings, possibility of losing all or some of the Public Education Government (PEG) revenue, purchase of an ADA podium and the number of cameras and their locations. Mayor Joiner opened and closed the discussion to the public at 8:13PM with no comments. Mayor Joiner suggested this item be continued sO Staff could bring additional information to Council and received consensus - No Action/tem 15.B. Adopt RESOLUTION 2018-273 increasing the Professional Services budget for the Community Development Department (CDD) by $195,000 to cover the un-anticipated costs of stal-augmentation consultants in the department's Building, Planning, Engineering, and Administrative Divisions for the 2018- 2019 fiscal year. The budget augment will be largely off-set by the projected staff salaries and benefits (not expended) in the vacant positions within the department and by revenues generated by permit fees and cost recovery (developer deposit) activities associated with the increased development activity. The proposed cost split for this budget augmentation is 100% from the Development Services Fund (Fund 248). Matt Wheeler, Community Development Director, gave a brief staff report. A Council discussion ensued regarding whether the request was to move funds within the department ort for additional funds, analysis of the Development Services Fund 248 in order to see if there is sufficient funds to do al budget transfer, staff vacancies and recruitment challenges and the need for additional staff to keep building permit process moving forward. Councilmember Andreatta stated she was concerned with this item and would not vote in favor. Mayor Joiner opened the discussion the public at 8:33PM with the following comments: a) Fran Neves, a Lincoln resident, stated she watches Council from home and everything works fine but the microphones. Ms. Neves continued she looked on the City's website and didn't see the accounting positions listed and questioned whether consultants would cost more than staffing the four openings currently in Community Development. Ms. Neves stated the Women's Club had an air conditioning unit installed in September and they are still waiting on an inspection so the City should have a better way of getting  Continued.  inspections done.  600 Sixth Strect Lincoln, CA 95648 ww.d.lincola.ca.us" 916-434-2400    Live Life - Lincoln - Live . Life - Lincoln- Live fe Lincoln Live Life Lincoln . Live Life Lincoln  Page 7of7  City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes December 11, 2018  Another brief discussion ensued regarding the inspection, doing a deeper dive on the Development Services Fund (Fund 248) and doing a mid-year budget adjustment if needed. Motion to Approve this item by Councilman Gilbert and the motion was seconded by Councilman Karleskint. By the following Vote (Approved): Gilbert- - Aye, Karleskint- - Aye, Andreatta - No, Silhi- Abstain and Joiner - Aye. The item approved was: RESOLUTION 2018-273 increasing the Professional Services budget for the Community Development Department (CDD) by $195,000 to cover the un-anticipated costs of staff-augmentation consultants ini the department's Building, Planning, Engineering, and Administrative Divisions for the 2018- 15.C. Adopt RESOLUTION 2018-274 authorizing the City Manager to amend the Contract for Services with Management Advisory Services (MAS) for staff augmentation planning consultant services to the Community Development Department. The proposed amendment to the Contract for Services will increase the contract budget limit to $105,000. Costs are covered by the Community Development Department Professional Matt Wheeler, Community Development Director, gave a brief staff report. A brief Council discussion ensued regarding the funding was available but the contract amount exceeded City Manager authority which is why the item was brought to Council. Mayor Joiner opened the public discussion at 8:43PM with the following a) Donna Hodgson, al Lincoln resident, stated the Development Services Fund 248 has an inter-fund loan which is being reviewed by the Joint Legislative Audit Committee (JLAC). Ms. Hodgson continued there may Kristine Mollenkopf, City Attorney, stated the City has been instructed by the JLAC Auditor that the audit is strictly confidential until it has been released. With noi further comments, Mayor Joiner called for a motion. Motion to Approve this item by Councilman Gilbert and the motion was seconded by Councilman Karleskint. By the following Vote (Approved): Gilbert - Aye, Karleskint - Aye, Andreatta- = No, Silhi- Aye and Joiner A Aye. The item approved was: RESOLUTION 2018-274 authorizing the City Manager to amend the Contract for Services with Management Advisory Services (MAS) for staff augmentation planning consultant 15.D. Adopt RESOLUTION 2018-275 approving the Memorandum of Understanding between the Professional and Administrative Group and the City of Lincoln and Related Salary Schedule. Veronica Rodriguez, Human Resources Manager, gave a brief staff report. Councimember Andreatta clarified the salary schedule steps corresponded to each year of service. Mayor Joiner opened and closed the discussion to the public at 8:51PM with no comments. Motion to Approve this item by Councilman Gilbert and the motion was seconded by Councilman Karleskint. By the following Vote (Approved): Gilbert-A Aye, Karleskint - Aye, Andreatta - Aye, Silhi- Aye and Joiner- Aye. The item approved was: RESOLUTION 2018-275 approving the Memorandum of Understanding between the Professional and Administrative Group  2019 fiscal year.  Services Expense Budget, Fund 248.  comment:  be available funding now but it is a deficit situation.  services to the Community Development Department.  and the City of Lincoln and Related Salary Schedule. 16. INFORMATION ITEMS -none  17. ADJOURNMENT - Mayor Joiner adjourned the meeting at 8:52PM.  Submitted by: duen &carh Gwen Scanlon, City Clerk  600Sixth Street Lincoln, CA 95648 www.dilincaln.ta.ux-916-4342400    SPEAKER INFORMATION  Public Comments Request for Council Meetings  Please complete this card and present it to the City Clerk prior to the start of the  meeting if you wish to speak at this evening's Council Meeting.  NAME:  JeSSICA  BocTe  CITY OF RESIDENCE: MEETING DATE: SUBJECT: DITEM#  LINCOLN N  GAK REE Muhgafw 5  OTEMI NOT ON THE AGENDA, CITIZENS ADDRESSING COUNCIL  ON THE CONSENT AGENDA, PULL FOR DISCUSSION  DITEM ON THE AGENDA, ITEM #  Public Comments provides you an opportunity to speak to the City Council about an issue on the agenda or any other item of concern. 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.  SPEAKER INFORMATION  Public Comments Request for Council Meetings  Please complete this card and present it to the City Clerk prior to the start of the  meeting if you wish to speak at this evening's Council Meeting.  NAME:  Bran  NS  Liwcalw  CITY OF RESIDENCE: MEETING DATE: SUBJECT: DITEM #  1G-I-15  dizs  ETEM NOT ON THE AGENDA, CITIZENS ADDRESSING COUNCIL  t  ON THE CONSENT AGENDA, PULL FOR DISCUSSION  DITEM ON THE AGENDA, ITEM#  Public Comments provides you an opportunity to speak tot the City Council about an issue on the agenda or any other item of concern. 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.    SPEAKER INFORMATION  Public Comments Request for Council Meetings  Please complete this card and present it to the City Clerk prior to the start of the  meeting ify you wish to speak at this evening's Council Meeting.  NAME:  CITY OF RESIDENCE: MEETING DATE: SUBJECT:  12-11-18  z  Womash  CLaEAcEL  ITEM NOT ON THE AGENDA, CITIZENS ADDRESSING COUNCIL  ITEM: #  ON THE CONSENT AGENDA, PULL FOR DISCUSSION  JITEM ON THE AGENDA, ITEM #  Public Comments provides you an opportunity to speak toi the City Council about an issue on the agenda or any other item of concern. 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.  SPEAKER INFORMATION  Public Comments Request for Council Meetings  Please complete this card and present it to the City Clerk prior to the start of the  meeting if you wish to speak at this evening's Council Meeting.  NAME: CITY OF  gapatt  Sa  MEETING DATE: SUBJECT: Sate  CSchool  aDE  ITEM NOT ON THE AGENDA, CITIZENS ADDRESSING COUNCIL  DITEM# #  ON THE CONSENT AGENDA, PULL FOR DISCUSSION  DITEM ON THE AGENDA, ITEM#_  Public Comments provides you an opportunity to speak to the City Council about an issue on the agenda or any other item of concern. 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.    SPEAKER INFORMATION  Public Comments Request for Council Meetings  Please complete this card and present it to the City Clerk prior to the start of the  meeting if you wish to speak at this evening's Çouncil Meeting.  NAME:  CMs Higaek!  CITY OF RESIDENCE: MEETING DATE: SUBJECT:  Viucoly 1z/1  FHaaa/LAS Clch  ITEM NOT ON THE AGENDA, CITIZENS ADDRESSING COUNCIL  ITEM: #  ON THE CONSENT. AGENDA, PULLI FOR DISCUSSION  ITEM ON THE AGENDA, ITEM #  Public Comments provides you an opportunity to speak toi the City Council about an issue on the agenda or any other item of concern. 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.  SPEAKER INFORMATION  Public Comments Request for Council Meetings  Please complete this card and present it to the City Clerk prior to the start of the  meeting if you wish to speak at this evening's Council Meeting.  NAME: Fan  Deves  CITY OF RESIDENCE: latacen  MEETING DATE: SUBJECT:  1O-L-(5  Libs ay  DITEMI NOT ON THE AGENDA, CITIZENS ADDRESSING COUNCIL  ATEM #  ON THE CONSENT AGENDA, PULLFOR DISCUSSION  TEM ON THE AGENDA, ITEM# # 13  Public Comments provides you an opportunity to speak to the City Council about an issue on the agenda or any other item of concern. Speakers are requested to restrict their comments to issues that are within the jurisdiction oft the City Council and to stay within the three-minute  time limit.    SPEAKER INFORMATION  Public Comments Request for Council Meetings  Please complete this card and present it to the City Clerk prior to the start oft the  meeting if you wish to speak at this evening's Council Meeting.  NAME:  Stan Alader  CITY OF RESIDENCE: MEETING DATE: SUBJECT:  Imcon 171-19  Waker Coonettin cher  DITEMI NOT ON THE AGENDA, CITIZENS ADDRESSING COUNCIL ITEM# 44A ON THE CONSENT AGENDA, PULL FOR DISCUSSION  JITEM ON THE AGENDA, ITEM #  Public Comments provides you an opportunity to speak to the City Council about an issue on the agenda or any other item of concern. Speakers are requested to restrict their comments to issues that are within the jurisdiction oft the City Council and to stay within thet three-minute  time limit.    A COMMUNITY TREASURE  Dear Friends,  The Woman's Club was founded by Carrie Gladding and friends in 1911. On April 8, 1924 they! held their first meetingi in the clubhouse at 499 E Street which was built on land donated by' Walter. Jansen with construction funded by members of the community. The beautiful building is listed on the "National Throughout the years, our clubhouse has served as a gathering place for service clubs, churches, businesses, private groups, families and community events. It has been well used and well loved! Just this year some of our members redecorated. and refurbished the interior as a gift to the club. Our members provide all of our supplies for the club and are generous with their time, talents and gifts, as 2018 looked to be a great year for our club! We had received a $7,500.00 grant to help paint the exterior of the building, our third annual Home Tour was al huge success (We raised $12,000.00 for our ADA fund.) We received an anonymous donation of $1,000.00 and our membership has grown to almost 100. However, time is starting to take at toll on our lovely 95-year-old home. We have learned that our exterior paint job will cost $24,000.00 because the stucco is badly damaged, our air conditioning needed to be replaced at a cost of $24,000.00, and in the last rain storm, we suffered major We are required by law to make our building ADA compliant and have now met our fundraising goals. Phase 1 (our ramp) is scheduled for construction after the first oft the year in 2019. We replaced the air conditioning with our savings and al loani from a generous member. However, the roof leaks have caused interior water damage forcing us to close off one of our rooms already. We will most likely need ar new roof and are concerned about mold. Since our resources have been depleted, we find ourselves in dire straits. We must continue to Fundraise for ADA and will begin additional fundraising to restore our building, but our need is immediate. It's been almost 100 years; and, iti is our hope that we, asa We invite you to make a donation of any amount. We are a! 501c4 non-profit. (EIN #94-1544488): Some donations are tax deductible. Consult your accountant or tax professional. The clubhouse was built by the Lincoln community, that same community spirit will ensure iti is here fori future generations to enjoy!  Register of Historic Places in the United States of America." (#0100331)  well.  roof damage.  community, can all come together to save this treasure.  Best Regards  Vicki Reliford Incoming President, January 01, 2019    Name:. Address: Amount of Donation:  Phone: Email: $500.00 $1000.00  $100.00  other  Donations of $500 or more can be made quarterly. 916.543.0294 email dvrel77@gmail.com  How Much  Ify you would like more information, please call Vicki Reliford, Woman's Club Incoming President at To make a donation, please send a check, payable to the Woman's Club of Lincoln, and mail it to P.O.  Box 1113, Lincoln, California 95648. Please send this in with your donation!!      9  a a  C 0 5  S  € 8 e  f 00 & a E  E o    o C i 3  I  E 5  /  L C a 8 D  a o  e  I  a de  I  S - E 3 € 5 0 I 0 5 & 3 - / e a  @ f De 3 3 E a a e 5 2.  o  a - $ a e 0 - 9    TO: City of Lincoln  Asal life-long resident and concerned citizen of Lincoln la am addressing the lack ofa crosswalk at 1tand Rstreets. This intersection is a major walk way to and from Creekside Oaks Elementary, 1st Street Elementary: and Glen Edwards Middle School. Currently, students have to walki int the street in front of stopped cars to cross the street. This is an accident waiting to happen and some oft these students walking are int the primarygrades. Please remedy this problem before a student isi injured. Beloware the names ofothers who have the: same concerns. Thank you and hopefully this situation can be  corrected.  Lincoln Ca 95648  SAE  Name  TAkmys :  Valz babapu Jadveline GoMcz hipdi  Chaslne H5  Bunapnselle Mary Cangdhp Micteria Futin Vakre LSmh Melisse zar Bb-Wt Unocy Foda@r 4  AE  asgug    TO: City of Lincoln  Asal life-long resident and concerned citizen of Lincoln I am addressing the lack of a crosswalk at 1st and Rs streets. This intersection is a major walk way to and from Creekside Oaks Elementary, 1st Street Elementary: and Glen Edwards Middle School. Currently, students have to walk int the street in front of stopped cars to cross the street. This is an accident waiting to happen and some of these students walking are in the primary grades. Please remedy this problem before a student is injured. Below are the names of others who have the same concerns. Thank you and hopefully this situation can be  corrected.  Lincoln Ca 95648  SRBE  Cal  apie SLRE D0nAgvan dni Oansisa Agusia Badue Sataneseg2 Chah Gascia Liig Schmicn  EALBe  3  - LAA WELENIDEZ Ceraldlachiven BapaCnan Caal Bhece     TO: City of Lincoln  As al life-long resident and concerned citizen ofl Lincoln lam addressing the lack ofa a crosswalk at 1stand Rs streets. This intersection is a major walk way to and from Creekside Oaks Elementary, 1st Street Elementary and Glen Edwards Middle School. Currently, students have to walk in the street inf front of stopped cars to cross the street. This is an accident waiting to happen and some of these students walking are int the primary grades. Please remedy this problem before a student is injured. Beloware the names of others who have the same concerns. Thank you and hopefully this situation can be  corrected.  Lincoln Ca 95648  ShE  Name  Address  E as  DLER  EOAA  Dommet Belleio aeaselDenop mazinzn  maya Gorelyei hpba  bs  FE  Aaa BuHm es Dapa    TO: City ofL Lincoln  Asal life-long resident and concerned citizen of Lincoln lam addressing the lack ofa a crosswalk at 1st and Rs streets. This intersection is a major walk way to and from Creekside Oaks Elementary, 1st Street Elementary and Glen Edwards Middle School. Currently, students have to walk in the street in front of stopped cars to cross the street. This is an accident waiting to happen and some of these students walking arei int the primary grades. Please remedy this problem before a student isi injured. Below are the names of others who have the same concerns. Thank you and hopefully this situation can be  Lincoln Ca 95648  SAA  Address  E S  Andelon  Cae Syllenne SMahy fapeHhuhn lay h méyma,meoens bebig Cortente iaclls Ghalhni  Kothr   %  Poua   foil    TO: City of Lincoln  Asa a life-long resident and concerned citizen of Lincoln lam addressing the lack ofa a crosswalk at 1stand R streets. This intersection is a major walk way to and from Creekside Oaks Elementary, 1st Street Elementary and Glen Edwards Middle School. Currently, students have to walki ini the street int front of stopped cars to cross the street. This is an accident waiting to happen and some of these students walking are int the primary grades. Please remedy this problem before a student is injured. Below are the names of others who have the same concerns. Thank you and hopefully this situation can be  corrected. E  Pak  15067tStreet Lincoln Ca 95648  Name  Address  Gri  fapaicia Rebusea_Casayal Sas l SGR alarya sutdtle ScnbanbaMaina Burham ASarcia Jennrfer mook ASHIEN RAFFS Ea Moroles  sgmakcke Jordan Gonzales ebbi denlen  dlyt  K. Avila   S     TO: City of Lincoln  As a life-long resident and concerned citizen of Lincolnlam addressing the lack of a crosswalk at 1sand Rstreets. This intersection is a major walk way to and from Creekside Oaks Elementary, 15t Street Elementary and Glen Edwards Middle School. Currently, students have to walk in the street int front of stopped cars to cross the street. Thisi is an accident waiting to happen and some of these students walking are in the primary grades. Please remedy this problem before a student is injured. Below are the names of others who have the: same concerns. Thank you and hopefully this situation can be  corrected.  Lincoln Ca 95648  SAAR  Name *  Address  Eyca Mpygies Eduoice Pict yapynn. Cllen  mrvla dhpudo Eyaoz Jose Buiz Auybk fvl aisk Eizalon  frtn EUR  Adam Sancinez Brisculg aupmmlk  E  alis ales /11  Brass    TO: City ofL Lincoln  Asal life-long resident and concerned citizen ofl Lincoln lam addressing the lack of a crosswalk at: 1stand Rs streets. This intersection is a major walk way to and from Creekside Oaks Elementary, 1st Street Elementary and Glen Edwards Middle School. Currently, students have to walk in the street inf front of stopped cars to cross the street. This is an accident waiting to happen and some of these students walking are in the primary grades. Please remedy this problem before a student is injured. Belowa are the names ofothers who have the same concerns. Thank you and hopefully this situation can be  corrected.  Lincoln Ca 95648    SRE  Name  Address    -  12 MR  Guep  E / servesd  lelso Hhups  -2  1  ho8 SE  34    TO: City of Lincoln  As al life-long resident and concerned citizen of Lincoln lam addressing the lack of a crosswalk at 1sand Rstreets. This intersection is a major walk way to and from Creekside Oaks Elementary, 1stStreet Elementaryand Glen Edwards Middle School. Currently, students have to walk in the street in front of stopped cars to cross the street. This is an accident waiting to happen and some of these students walking are in the primaryg grades. Please remedy this problem before as student is injured. Below are the names of others who have the same concerns. Thank you and hopefully this situation can be  corrected.  Lincoln Ca 95648  &  SAE  Name KEN T444 MAA MAn)  Address  Olesen Gonzalez  A  Fobevt Escalnske Lwis banlcy Kogen MeHh May AFEL Limsey Mireth FeMy PNR KKL OKAN  Shephen Juylu.Ng  SMCRET  E    TO: City ofl Lincoln  As a life-long resident and concerned citizen of Lincoln I am addressing the lack ofa a crosswalk at 1st and Rstreets. This intersection is a major walk way to and from Creekside Oaks Elementary, 1st Street Elementary: and Glen Edwards Middle School. Currently, students have to walk in the street in front of stopped cars to cross the street. This is an accident waiting to happen and some oft these students walking are int the primarygrades. Please remedy this problem before a student is injured. Belowa are the names of others who have the same concerns. Thank you and hopefully this situation can be  corrected.  Lincoln Ca 95648  SA  Name  Address An D. kurolw  Kachne a Many FL   T  Comuy  Aiplpewv  n bls KAM Morey   PHw EV elponeo -    TO: City of Lincoln  Asal life-long resident and concerned citizen of Lincolnlam addressing the lack of a crosswalk at 1sand Rstreets. This intersection is a major walk way to and from Creekside Oaks Elementary, 1st Street Elementary and Glen Edwards Middle School. Currently, students have to walk in the street in front of stopped cars to cross the street. This is an accident waiting to happen and some oft these students walking are int the primaryg grades. Please remedy this problem before a student isi injured. Below are the names of others who have the same concerns. Thank you and hopefully this situation can be  corrected. S  Rea  15067thStreet Lincoln Ca 95648  Name,  Address    Renfig  ow  DE  Chbnar LESHoK  TDi  fwvu Byoits SA984 Dsa4 ezt Juliana hgpor deilBesis Hnlllus    TO: City ofl Lincoln  As al life-long resident and concerned citizen ofl Lincoin lam addressing the lack ofa a crosswalk at 1stand Rstreets. This intersection is a major walk way to and from Creekside Oaks Elementary, 1st Street Elementary and Glen Edwards Middle School. Currently, students have to walk in the street in front of stopped cars to cross the street. This is an accident waiting to happen and some of these students walking are in the primarygrades. Please remedy this problem before a student is injured. Below are the names of others who have the same concerns. Thank you and hopefully this situation can be  corrected.  Lincoln Ca 95648  SAehi  Address n  Christine M. Censele G P  GAz  7HEUPORR Rem AAk ganoE Rehgndt WALWIK42 Charkis Aemitbor) pua Lullo mpKBm Bur TJanh hihendelh ABA AB BAA  g EM Aroldi    TO: City ofL Lincoln  Asal life-long resident and concerned citizen of Lincoln lam addressing the lack of a crosswalk: at 1stand Rstreets. This intersection is a major walk way to and from Creekside Oaks Elementary, 1st Street Elementary: and Glen Edwards Middle School. Currently, students have to walki in the street ini front of stopped cars to cross the street. This is an accident waiting to happen and some of these students walking arei int the primarygrades. Please remedy this problem before a student isi injured. Belowa are the names of others who have the same concerns. Thank you and hopefully this situation can be  corrected.  Lincoln Ca 95648  Seha  Name TA  Address  SIELCA Miouyl  a4 Soltes Bini Anilw  Llnla Sam  lallere NIE GOMEZ  ypad LL Finm Tahce -  Ar  Ramiaz Loblas  26    TO: City of Lincoln  Asal life-long resident and concerned citizen of Lincoln lam addressing the lack of a crosswalk at 1stand Rstreets. This intersection isa a major walk way to and from Creekside Oaks Elementary, 1st Street Elementary and Glen Edwards Middle School. Currently, students have to walk int the street in front of stopped cars to cross the street. This is an accident waiting to happen and: some of these students the names of others who have the same concerns. Thank you and hopefully this situation can be  Please remedy  this problem before a student is injured. Below are  walking are in the primary grades.  corrected.  Lincoln Ca 95648  €  S-R  Address  Name  PhaKHieneme Janel Haung EpAMs Brian Whitman EMShamne S  B pps  Laandleus Ggndokbrls Eanl, Py vol L  MMu  Lawn Oonme  a 7 Ng    City Council Members,  lam asking for each of you to get involved and as a group or in pairs please come and visit my home sO each of you can see firsthand what a poor decision made by the City Staff has done to our family privacy Recently a meeting was held at my house with City Staff, City Mayor, LDS Church Representative, and my attorney. Everyone was visually in shock when seeing what it'sl like to stand inside my house or in my back yard. There was no doubt each person felt the loss of privacy and safety that my family now inherited due to the poor decision the City of Lincoln has made. Each person ati the meeting may have not said it out loud, (some did) but it was obvious they couldn't deny what we are complaining about and they wouldn'twant iti fori their own family. My Family did not ask fort this, we have owned this home for 35+ years. When we were informed by the City of Lincoln to review the plans for the construction of the Church, we. showed up at ever council meeting and made sure our family was protected. However, the city staff changed the grading plans in Dec 2015, two months before construction started behind closed doors and no notification was provided to surrounding citizens. Then in 2017 grading changes were made again behind closed doors and no notification to surrounding citizens. These changes to the grading plans are substantially different from the plans presented to my family and citizens ofl Lincoln in 2013 (6ft of dirt was added on top of original grade and removed any Iflcan'ttrust that the plans provided to my family from the city I've lived in for 35 years and a Church, Not providing the surrounding citizens a chance to review or comment on substantial changes to the original plans provided to citizens, this is not only a concern for my family but a concern for every citizen in Lincoln that has current or future construction being built around their neighborhood. Iwould hate to have any otheri family in Lincoln go through the experience my family has had fori the past 5 years. As a result, my children, ages 7a and 9 are no longer allowed to playi in our backyard without myself or my wife next to them because on several occasions strangers on the other side of the wall watch them and Council Members please do what's right for my Family and give back myl kid's privacy in their backyard.  and safety.  use of the required 61 ft. wall for privacy or sound).  who can we trust.  try to start talking with them.    EXHIBITA  The Design Review application for the 24,811 square foot church and associated site improvements for the Church of Jesus Christ of Latter-Day Saints, located at the southwest corner of Virginiatown Road and Liberty Lane on APN's 021-510-026, 021- 510-027, 021-510-030, 021-510-031, and 021-510-038, IS hereby approved with the 1 The project shall be subject to those mitigation measures adopted as a part of the Lincoln Stake Center for the Church of. Jesus Christ of Latter-Day Saints Final Intial Study/Mitigated Negative Declaration, State Clearinghouse #2013042009 and the adopted Mitgation Monitoring Plan (MMP) as set forth in the attached Exhibit, and The location and. development of all structures, driveways, parking areas, landscaging and other such facilties andfeatures shall be substantially as shown on, the attached site plan, except or unless indicated otherwise herein These conditions of approval supersede all conflicting notations, specifications, dmensions, typical sections, and the like, which may be shown on the attached plans and exhibits The colors, textures and physical composition of all exterior surfaces shall conform tot that 3 The project shall comply with the setback and design standards prescnbed in the City's Municipal Code Chapter 18 12, R-1 Single Family Residential District, which The colors, textures and physical composition of all exterior surfaces shall conform to that which IS represented on the attached elevations The bulding elevations shall conform to and incorporate the architectural elements and details represented in the attached architectural plans and elevations, included as such are the bulding height and mass, architectural elements, materals, textures, colors accents, and trm The applicant shall construct a decorative 6-ft tall masonry wall concrete with decorative pilasters, caps, Integral color or integrated pigment on the property line between the subject property and the property at 1075 Liberly Lane Said wall shall be constructed durng the Initial stages of grading and shall be approved by the bulding department Abicycler rack shall be installed tot the satisfaction oft the Development Services Director The existing homes shall be removed with the issuance of a demolition permit as approved by the Building Department, with those mitigation measures as notedi In the The existing septic tanks shall be abandoned per the Placer County Health Department standards The final approval of the removal shall be provided to the Development Services Department prior to the issuance ofa bulding permit for the construction of the church bulding In addition to those on the project site, the applicant shall abandon the septic system on the property at 1075 Liberty Lane and  following conditions  incorporated by this reference  which IS represented on the attached elevations byt this reference are incorporated herein  with the Issuance ofab buildng permit  MMP    PARCEL"A" 19/PM/74  PARCEL'B" B/PM/74 HOME  APN 21-810-04  LIBERTYLANE  APN 21-281-28  9941  LINCOLN STAKE CENTER  ESUS CHRIST AINI    PARCEL"A" 10/PM/74  PARCEL'E" 19/PM/74 AMILY HOME  APN 21-610-04 MILYHOME  APN 21-281-26  9090906998999999999999XX9909800009000099  LINCOLN STAKE CENTER  JBSUS CHRIST    REDLEAFWAY  IBERTYLANE  FOR: THOURCHG JESUS CHRIST  LINCOLN STAKE CENTER    Lincolu C40s.Giade 7-13-2012    REDLEAFWAY  ERTYLANE  LINCOLN STAKE CENTER  JESUS CHRIST        TN        Boutinjones: INC ATTORNEYS AT LAW  Theodore $. Wolter Attorney woter@boutinpnescom  November 2, 2018 Via Email  Kristine L. Mollenkopf, Esq. City Attorney Cityo ofLincoln, California 600 Sixth Street Lincoln, CA 95648  RE: Chris Fitzgerald, 1075 Liberty Lane  Dear Ms. Mollenkopf,  This law firm represents Chris Fitzgerald, owner ofreal property located at 1075 Liberty Lane in the Cityo ofLincoln ("Fitzgerald Family Residence"). Iwrite to request that the City ofLincoln As wel have discussed on multiple occasions in recent months, Mr. Fitzgerald has been unreasonably burdened by the consequences oft the manner in which the City approved the Conditional Use Permit ("CUP") and related Design Review for the Lincoln Stake Center for the Church ofJesus Christ ofLatter-Day Saints ("Stake Center"). Itist the City's duty to Mr. Fitzgerald, to the Stake Center, and to the rest of the Lincoln Community to address and resolve Mr. Fitzgerald's residence is severely impacted by the City's decision to allow the Stake Center toi revise its grading plans to add a six foot high mound of approximately 2,100 cubic yards of dirt adjacent to the Fitzgerald Family Residence (the "Mound") without public review. The Mound has deprived the Fitzgerald Family Residence ofa all privacy in its back yard, and has caused water to seep under the masonry wall that the Stake Center was required toi install as a condition oft the Design Review, ironically to preserve privacy for the Fitzgerald Family Mr. Fitzgerald attended every public hearing related to the Stake Center and was an active participant in ensuring that the Stake Center would be approved with conditions that best met his needs. Mr. Fitzgerald was never informed that the Mound would become part oft the project.  ("City")consider the demand by Mr. Fitzgerald contained herein.  the issues that have been brought to its attention.  Residence.  555 Capitol Mall Suite 1500  Tel/916.321.4444 Fax/916.441.7597  Sacramento, CA 95814 BOUTINJONES.COM  976031.3    Boutinjones.s ATTORNEYS ATLAW  Kristine Mollenkopf, Esq. November 2, 2018 Page 2of5  Instead, the City approved the Stake Center's revised grading plans behind closed doors, without any notice to Mr. Fitzgerald. The City's conduct deprived Mr. Fitzgerald of any opportunity to provide input prior to its approval ofthel Mound. The City cannot possibly assert that it was not aware oft the: implication of! proposed grading contours when it approved the revised grading Mr. Fitzgerald attempted to bring thei issue to the City's attention but he was rebuffed. He then had to retain legal counsel to get the City's attention. On June 5, 2018 we first met with City officials, including yourself and then-City Manager Matt Brower, at the Fitzgerald Family Residence. In that meeting, Mr. Fitzgerald and I explained and showed you the impacts ofthe Mound on the Fitzgerald Family Residence. Our concerns were: met with mixed messages. On the one hand, the City stated that it wanted to help craft a solution to thej problem, but on the other hand, we were told the issue was aj private matter between neighbors. The City identified steps Mr. Fitzgerald could take at his own expense to: mitigate the impacts oft the Mound. We On August 21, 2018, Mr. Fitzgerald and Imet with you, City Manager Bob Adams, and City Engineer Ray Leftwich at City Hall. We again asked the City tol be ai meaningful part oft the solution and expressed Mr. Fitzgerald's preference toi resolve this issue without having to resort tol litigation against the City. You: indicated the City lacks authority to compel the Stake Center to reduce thel height of the Mound, and asked whether we could identify any contrary legal On September 10, 2018, you provided us with a copy oft the CUP and associated environmental documentation. The CUP specifically states that it renews annually and is subject to modification by the City each year upon its renewal. Inotified City Manager Adams oft the CUP language and requested that the City modify the CUP to require removal oft the Mound. Mr. Fitzgerald and I were surprised and disappointed to receive your email ofOctober 18, 2018. You stated the City's unwillingness to exercise its authority pursuant to the CUP based on distinguishable past practice and notwithstanding your observation that the drainage swale adjacent to the masonry wall does not comply with the City's approved plans. Your reaffirmed the City's position that it has no role in this matter and that it is a private concern between neighbors. The City's attempt to abdicate all responsibility for the issue is unacceptable.  plans. This was certainly not a great day for transparency in government.  disagree that this is solely Mr. Fitzgerald's problem to fix.  authority.  The Conditional Use Permit  The City's Zoning Ordinance required that the Stake Center obtain the CUP before constructing its facility on the parcels adjacent to the Fitzgerald Family Residence. The CUP contains only two conditions. The first condition requires compliance with the project's Mitigation Monitoring Plan pursuant to the California Environmental Quality Act. The Second provides that the CUP is  976031.3    Boutinjones-s ATTORNEYS AT LAW  Kristine Mollenkopf, Esq. November 2, 2018 Page 3 of5  approved for aj period ofi five (5). years, renewing annually every year thereafter ("Condition No.  2). The entirety of Condition No. 2 reads as follows:  The Conditional Use Permit is approved for a period of five (5) years, and thereafter shall automatically roll-over for a one (1) year period on the anniversary of the project's initial approval; unless the City provides written notice that at the end of a 12-month period the City will conduct a hearing(s) to consider termination, or modification of the Conditional Use Permit. Nothing herein shall limit the City's ability to modify or revoke the Conditional Use  Permit in accordance with Municipal Code Section 18.54.080.'  Condition No. 2 was undoubtedly included in the CUP to give flexibility to the City to address anyunknown and unanticipated impacts oft the Stake Center that may arise after approval ofthe CUP. Mr. Fitzgerald was aware ofthe condition and was comforted by its inclusion in the CUP. He understood this would provide an avenue for redress should the Stake Center's presence inflict any harm on his family residence which, unfortunately, has occurred. You indicated that the City has never exercised its authority to amend a CUP pursuant to its own terms, and that the City has only revoked a use permit on one occasion in 2011. Thisi is irrelevant. Mr. Fitzgerald seeks ai modification to the CUP, not revocation. Mr. Fitzgerald is seeking ai modification oft the CUP pursuant to its own terms. We reviewed the public records relating to the revocation oft the propane facility's use permit. There, the City revoked the use permit under Municipal Code Section 18.54.080(b)(4) because it was aj public nuisance. Here, by contrast, the Stake Center's CUP states by its own terms that it is subject to modification upon each annual renewal. The City has the authority to modify the CUP to address the Mound,  which also violates the Stake Center's Design Review.  The Design Review  Condition 2 oft the Design Review required the Stake Center tol be constructed in substantial compliance with the Site Plan attached to the conditions of approval ("Site Plan"). The Site Plan reflects that the grading at the site would: remain consistent with the existing contours. In no way does it suggest that the Mound would be constructed. Further, to the extent that the Site Plan and conditions ofthe Design Review require the construction oft the masonry wall around the Fitzgerald Family Residence, the entire purpose oft the wall - privacy- -1 is thoroughly frustrated  by the Mound.?  'Byre referring to its separate powers to revoke or modify the CUP pursuant to Section 15.54.080, the City (and the Stake Center) acknowledged that the City reserved a special power to modify the CUP above and beyondi its 2, We also note that the grading plan attached to the conditions of approval for thel Design Review ("Grading Plan") indicates no substantial changes toi the grading contours ofland adjacent to thel Fitzgerald Family Residence  authority pursuant to Section 15.54.080.  976031,3    Boutinjonesas  ATLAW  Kristine Mollenkopf, Esq. November 2, 2018 Page 4 of5  In past correspondence, you and other City employees asserted that the site plan merely shows existing contours. This is true, however Mr. Fitzgerald had ai reasonable expectation based on the conditions of approval that the contours would substantially conform to what was approved. Further, nowhere in the approved documents is there anyi indication that the Stake Center grading would substantially deviate from the Site Plan or Grading Plan. In: no way was. Mr. Fitzgerald ever on notice that the Mound would be constructed. Further, the Grading Plan clearly indicates that the area of ground adjacent to the Fitzgerald Family Residence was to be graded in such a way that water would flow east towards Liberty Lane, not south where it would flow under the  masonry wall - as is presently happening.  Conclusion  By this letter, Mr. Fitzgerald makes one: final request for the City to engage in a collaborative process to resolve the Mound issues. Mr. Fitzgerald is willing to be a part ofthe solution, but he should: notl have to shoulder this burden alone. The City = and only the City - is résponsible for the existence oft the Mound, and it is the City that must lead any effort to ensure: its removal. Ift the City refuses to engage, Mr. Fitzgerald will be forced to initiate litigation. Demand is hereby made that the City set a hearing before the City Council on or before May 15, 2019 to consider ai modification to the CUP pursuant to Condition No. 2. Ifthe City refuses to set the matter for hearing, Mr. Fitzgerald will challenge the City's decision to allow the CUP to automatically renèw on. May 15, 2019. Mr. Fitzgerald will then appeal the decision of City staff to allow the CUP toi renew, andj pursue any renewal that does not modify the CUP's conditions to address the unanticipated impacts ofthe Mound. Ifthe Cityrefuses to exercise its authority to modify the CUP, Mr. Fitzgerald will pursue all legal options available to him, including but not Separately, Mr. Fitzgerald demands that the City issue a Notice ofViolation to the Stake Center for non-compliance with the conditions ofthe Design Review. Ifthe City refuses to issue a Notice ofViolation, Mr. Fitzgerald will file an appeal as provided in int the City Code. Ifhis appeal is not granted, Mr. Fitzgerald will pursue all legal options available tol him, including but Mr. Fitzgerald did everything in his power to ensure that he and the Stake Center would be able toj peacefully coexist as neighbors. Hei is asking the City to assume its proper role, exert  limited to initiating legal action against the City.  not limited to initiating legal action against the City.  leadership, and' be aj part of the solution.  11/ 111 111  976031.3    Boutinjonesae ATTORNEYS AT LAW  Kristine Mollenkopf, Esq. November 2, 2018 Page 5 of5  We look forward to discussing this matter with you further.  Regards,  BOUTIN JONES INC.  By:  - - Theodore S. Wolter  cc: Members, Lincoln City Council City Manager Bob. Adams City Engineer Ray Leftwich Chris Fitzgerald  976031.3    Friends of the Lincoln Public Library  FACT SHEET (as of December 11, 2018)  Who We Are:  Nonprofit organization whose primary purpose is to support and promote the  Lincoln Public Library. Membership Totals: Current Members - 363  (includes current Business/Organzation members & 2018 members who  have not yet renewed) Joined or Renewed for 2019-1 190 Sources of Revenue: Memberships & Donations Book Sales  Grants from Foundations and other Nonprofits  Support Provided: Volunteer Time =  Friends and other volunteers provide over 1,000 hours per month.  Equal to 8 library employees valued at $240,000  Monetary Support in calendar year 2018 -  Friends provided over $47,000 for library programs and services Online databases for research, job searching, homework help and Library Elf software for library patrons to manage their accounts Book rewards and other costs of the Summer Reading Program Books for library collection and for giveaways at library events Staff costs for Mother Goose on the Loose and Family Movie Night  Examples: more  New shades for Willow Room Movie license for Family Movie Night  How We Promote the Library Monthly event poster and flyer  Website with calendar and menu of library programs and events Monthly Newsletter highlighting library programs and services Provide information on upcoming library events and ongoing programs/services at various community meetings and events Talk about all the library has to offer with friends, neighbors, and others    M  Your Library Offers a Feast of Delights  Show Your Thanks  Become a Friend of the Lincoln Public Library  Join or Renew Online riendsofthelincolnlibrary.org  Mail this application and your check in the attached envelope  at  OR  Here Is What Your Membership Will Provide $15 Five book rewards for the Summer Reading Program $25 Eight books for the Read for the Record event $50 One month of supplies and snacks for the Homework Center $75 Twenty-five book rewards for the Summer Reading Program  Membership Application  General Membership Individual $15 Family $25  Or...Feeling Generous? Fill in your own amount: Major Donolbusnessoiyamtaton (name will appear on plaque in library lobby) Author Level $100-$199 $ Editor Level $200-$499 $_ Publisher Level $5008 & Up OCheck box, ify you do NOT want  $  $  your name on plaque.  Your Name_ Street Address_ City/State/Zip Email Address_ Phone Number  Youwill receive a receipt for your records by email/mail. Thank supporting the Lincoln Public Library. Friends of the Lincoln you for  Fenix Drum and Dance at Summer Reading Event  Library is a 501(c)(3) nonprofit organization.  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