Live. Life . Lincoln . Live - Life Lincoln. Live Life Lincoln Live . Life - Lincoln . Live . Life Lincoln  MINUTES CITY OF LINCOLN Regular Meeting March 13, 2018  CITY COUNCIL, PUBLIC FINANCE AUTHORITY and REDEVELOPMENT SUCCESSOR AGENCY  OPEN SESSION MEETING City Hall- Third Floor Conference Room 1. CALL TO ORDER by Mayor Nader at 6:05PM. 2. ROLL CALL: Councilmen present: Peter Gilbert  Paul Joiner Dan Karleskint Gabriel Hydrick Stan Nader  Mayor Pro Tem: Mayor: Staff members present:  Roll Call: 5 members present, 0 members absent, 0 members excused.  Matt Brower, City Manager Kristine Mollenkopf, City Attorney Steve Ambrose, Support Services Director Jennifer Hanson, Public Services Director Doug Lee, Police Chief Ray Leftwich, City Engineer Gwen Scanlon, City Clerk  Matthew' Wheeler, Community Development Director  Various City employees, consultants and members of the public were also present.  3. 4. 5. 6. 7.  REPORT FROM CLOSED SESSION - Mayor Nader announced there was nothing to report from  the Closed Session meetings on March 3 and 13, 2018.  PLEDGE OF ALLEGIANCE led by Gwen Scanlon, City Clerk.  INVOCATION by Bishop Jason Cardinet, Church of. Jesus Christ of Latter Day Saints.  AGENDA REVIEW MODIFICATION - NONE CITIZENS ADDRESSING COUNCIL  a) Travis Mickel, a Lincoln resident, stated his concern with the City's ordinance that prohibits parking on the street for more than 72 hours and the lack of a temporary permit allowing an extension for folks that are going on vacation. He stated he first attended City Council to raise this issue but has since attended because of the water issue and encouraged City Council to listen to residents' b) Rachael Mickel, a Lincoln resident, read a children's book about a newspaper delivery boy, comparing the residents to reporters and expressed her concern with the Jordan VS. DMV case and encouraged the City Council to do the right thing and issue water rate refunds.  concerns.  8. 9.  COUNCIL INITIATED BUSINESS - NONE  PRESENTATIONS  9.A. PROCLAMATION NO. 2018-01 declaring March 20, 2018 as 'International Day of Happiness".  600 Sixth Street Lincoln, CA 95648 ww.si.liucohn.ca.u 916-434-2400    Live Life Lincoln Live Life Lincoln. Live . Life. Lincoln - Live Life. Lincoln - Live Life Lincoln  Page: 2of4  City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes March 13,2018  Councilman Gilbert motioned approval of Proclamation 2018-01, seconded by Councilman Karleskint. By the following Vote (Approved): Gilbert- Aye, Hydrick - Aye, Joiner- = Aye, Karleskint- - Aye and Nader- Aye, Proclamation 2018-01. Mayor Nader read the proclamation into the record and Kris Wyatt, a Lincoln resident and member of the Western Placer Unified School Board, spoke briefly International Day of  Happiness. 10. CONSENT  Mayor Nader asked Council and public if they would like to remove any items from the Consent Agenda for discussion and no items were removed. Motion to Approve the balance of the Consent Agenda moved by Councilman Gilbert, seconded by Councilman Hydrick. By the following Vote (Approved): Gilbert- Aye, Hydrick-A Aye, Joiner-A Aye, Karleskint- - Aye and Nader - Aye, the following items: 10.A. Minutes Approve minutes of February 27, 2018 Regular City Council and March 5, 2018 Work: Session 10.B. Warrants Adopt RESOLUTION 2018-49 approving warrants of February 22 and March 2, 2018. 10.C. First Amendment to Negotiating Agreement with Planes of Fame Air Museum, Inc. - Adopt RESOLUTION 2018-50 approving and authorizing the City Manager to execute a First Amendment to  meetings.  Negotiating Agreement with Planes of Fame Air Museum, Inc.  10.D. Lincoln-Penryn Phase 3 Project(CIP 307) Authorize Work Order Amendment No. 2 with Coastland Engineering Adopt RESOLUTION 2018-51 authorizing the City Manager to approve Work Order Amendment No.2 with Coastland Engineering for additional project management work associated with the design and construction of the Lincoln-Penryn Phase 3 Project (CIP 307) in the amount of $70,848 for a total work order 10.E. In-N-Out Burger Notice of Completion - Adopt RESOLUTION 2018-52 accepting the In-N-Out Burger Restaurant Grading, Drainage, Storm Drain and Utility Project Improvements as complete and authorize the 10.F. Ferrari Ranch Road & Caledon Circle Signal Improvements Project (CIP 422) Construction Contract Adopt RESOLUTION 2018-53 approving a budget augmentation from Streets Fund 223 in the amount of $8,500 and authorizing the City Manager to execute a contract for construction with M & MI Electric in the amount of $85,262, and authorizing the City Engineer to approve change orders not to exceed $8,500 for 10.G. City of Lincoln Wastewater Treatment and Reclamation Facility Phase 1 and Phase 2 Expansion Project, Midwestern Placer Regional Sewer EIR Addendum - Adopt RESOLUTION 2018-54 determining that the Addendum to the Midwestern Placer Regional Sewer Project EIR for the City of Lincoln Wastewater Treatment and Reclamation Facility Phase 1 and Phase 2 Expansion Project is the appropriate level of documentation to satisfy the requirement of the California Environmental Quality Act (CEQA) based on the determination that no new significant impact would occur as a result of the WWTRF Phase 1 and Phase 2 Expansion Project, nor would there be any substantial increase int the severity of any previously identified 10.H. Lincoln Meadows Residential Development- - Second reading and adoption of ORDINANCE #963B approving the Pre-Zoning the subject property from Placer County designation of Farm 4.6" to the City of Lincoln designation of R-1 for single family residential development and OS for open space lands in anticipation  amount not to exceed $121,648.  City Clerk to file the Notice of Completion with the Placer County Recorder.  the Ferrari Ranch Road & Caledon Circle Signal Improvements Project (CIP 422).  adverse environmental impacts.  oft the project's annexation to the City of Lincoln.  600 Sixth Strect Lincoln, CA 95648 swa.lacahn.caus 916-434-2400    Live Life - Lincoln - Live Life Lincoln. Live. Life Lincoln Live. Life - Lincoln - Live. Life Lincoln. .  Page 30 of4  City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes March 13,2018 11. PUBLIC HEARINGS - NONE 12. GENERAL BUSINESS  12.A.  Lincoln Blvd Improvements Phase 2 and 1A Project (CIP 354) Construction Contract-  Ray Leftwich, City Engineer, gave a brief staff report and a Council discussion ensued regarding future phases and change orders. Motion to Approve this item moved by Councilman Gilbert, seconded by Councilman Karleskint. By the following Vote (Approved): Gilbert- Aye, Karleskint-. Aye, Hydrick- Aye, Joiner - Aye, and Nader - Aye, the following item: RESOLUTION 2018-55 (1) approving a budget augmentation from the unencumbered fund balance of the' Water - Fund 711 and Streets - Fund 221 (SB-1 Gas Tax) to CIP 354 - Lincoln Blvd Phase 2 and 1AI Project in the amount of $41,425 and $267,470 respectively; (2) authorizing the City Manager to execute a Contract for Construction with B&M Builders, Inc. int the amount of $2,633,454 for the Lincoln Blvd Improvements Phase 2 and 1AI Project, and authorizing the City Engineer to approve change orders not to exceed $263,345; (3) authorize the City Manager to execute Amendment No. 41 to the October 22, 2013 Task Order with Mark Thomas for Construction Support Services in the amount of $39,954 and (4) authorizing the City Manager to execute a Contract for Construction Management and Inspection services with 4 Leaf, Inc.in the amount of  $362,552. 12.B.  Continued Water Refund Discussion  Jennifer Hanson, Public Services Director, gave a staff report with three options regarding refunds and the associated financial impacts : (1)No additional refunds beyond those already approved by City Council (as approved during the January 23, 2018 City Council Meeting); (2) Issue additional refunds to any customer who paid greater than the cost to provide service (set by the settlement agreement at $2.76 per thousand gallons) throughout the entire rate period (January 1, 2014 until such time the new rates are adopted and implemented); and (3) Extend the refund period back to April 2015 (i.e., the date the San Juan Capistrano Court ruling provided clarification on the City's tiered rate structure). Kristine Mollenkopf, City Attorney, provided legal analysis clarifying the Jordan VS. Department of Motor Vehicles case and possible findings of public benefit based on additional research and analysis done by City Staff. Mayor a) Ted Jones, a Lincoln resident and al LIFT member (LIFT is a group unified to lifting Lincoln to new heights through Integrity, Financial responsibility and total Transparency), thanked City Staff and Kristine Mollenkopf for their additional work. Mr. Jones raised two issues: (1) buying down new water rates considered a gift of public funds could be more problematic than issuing water refunds and (2) if Council chose refund option 1 it would be a greater impact on the general fund and b) Jessica Booth, a Lincoln resident and a LIFT member, also thanked Ted Jones and City Staff for their additional work and agreed that option 2 is the correct path to move forward that will correct c) Travis Mickel, a Lincoln resident, agreed with both prior speakers and stated this was a unique d) Lee McCormick, a Lincoln resident, agreed that option 2 is the correct choice and stated City Council was warned by McNeil Law Firm that the tiered water rates were illegal. Mr. McCormick raised his concern with his August, 2016 water bill and questioned how he could trust City Council. e) Byron Chapman, a Lincoln resident, commended LIFT for all of their efforts and stated the City Council and City Attorney would need to regain the public trust and stated how slow the City is  Nader opened the discussion to the public at 6:55PM with the following comments:  encouraged City Council to choose option 2.  past errors and agreed that public benefit findings could be made. opportunity for City Council to rebuild trust and restore public faith.  moving on the lawsuit that he filed.  600 Sixth Street Lincoln, CA Ma'sssaanahncnt    Live Life Lincoln Live Life . Lincoln. Live - Life. Lincoln - Live Life - Lincoln - Live Life Lipcoln  Page 4 of 4  City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting Minutes March 13, 2018  Mayor Nader closed the public discussion at 7:09PM. A brief Council discussion ensued regarding first and second issuance of water refunds, timeline of new water rates and copyright tied toi the spreadsheet created by a volunteer. Councilman Gilbert thanked Councilman Karleskint and Mayor Nader for supporting him when he requested the water refund issue to come back to City Council. Motion to Approve this item moved by Councilman Gilbert, seconded by Councilman Karleskint who stated before the vote that he concurred with the findings in the resolution and he could acti in good faith. By the following Vote (Approved): Gilbert - Aye, Karleskint - Aye, Hydrick - Aye, Joiner - Aye and Nader Aye, the following item: Approval of RESOLUTION NO. 2018 - 56 wherein after considering the statements and positions of residents, business owners, staff presentations, legal opinions and the recommendation of the water rate ad hoc committee, the City Council of the City of Lincoln hereby finds and determines the public benefit is served by issuing additional refunds to any customer who paid greater than the cost to provide service (set by the settlement agreement at $2.76 per thousand gallons) throughout the entire rate period (January 1, 2014 until such time as the new rates are adopted and implemented). After the vote, Councilman Gilbert asked for City Council support to go after folks who provided incorrect legal advice and Kristine Mollenkopf stated that is a topic for closed session after the  water investigation has been completed.  12.C.  Municipal Utility Use Discussion  Jennifer Hanson gave a brief staff report and powerpoint presentation on the historic municipal use of City-owned utilities seeking direction from City Council as to whether or not City Council desires to hear this item formally. She stated the revenue from municipal utility use was not included in the 2013 utility rate study and an argument could be made toi issue refunds associated with this use. A Council discussion ensued regarding whether the refund should go back to when rates went into effect (January 1, 2014) orj just the one year statute of limitation date (February 28, 2017) as there may be a significant impact on the general fund. Kristine Mollenkopf stated additional analysis needed to be done in order to make findings of public purpose because there may be significant impact on the general fund which could lead to layoffs in public safety and Jennifer Hanson agreed stating additional research needed to be done once the water rate investigation was completed. Mayor Nader opened the discussion to the public at a) Lee McCormick, al Lincoln resident, suggested the municipal use refund go back to January 1, 2014 and questioned how far back this use went and suggested that date be used. b) Larry Whitaker, a Lincoln resident, asked for clarification on Proposition 218 and what was c) Byron Chapman, a Lincoln resident, asked for clarification of how refunds would be paid. Mayor Nader thanked staff for the information and stated the Council looks forward to additional  7:37PM with the following comments:  allowed.  information on this issue.  13. INFORMATION ITEMS -NONE  14. ADJOURNMENT- Mayor Nader adjourned the meeting at 7:43PM.  Submitted by:  Bwen Sarl Gwen Scanlon, City Clerk  600 Sixth Strect L Lincoln, CA 95648 www.d.lincoln.ca.uX-916-342400    SPEAKER INFORMATION  Public Comments Request for Council Meetings  Piease 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:  Rachael Mickel  CITY OF RESIDENCE: Uincol)  MEETING DATE: SUBJECT: AGENDA ITEM #:  3/13/18  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 ofthe  meeting if you wish to speak at this evening's Council Meeting.  MICVCGL  NAME:  TRAVIS  CITY OF RESIDENCE: LIN COLN  MEETING DATE:  SUBJECT: WIS L A HRE AGENDA ITEM #: N/A  1  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:  Loe MeCorwrk  CITY OF RESIDENCE: MEETING DATE:  Licola, CA  3/3/i8  SUBJECT: Waler RaPums AGENDAITEM: #: 128  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 Cierk prior to the start of the  meeting if you wish to speak at this evening's Council Meeting.  NAME:  TRAVIS MCKEL  CITY OF RESIDENCE: LIN COIN  MEETING DATE: SUBJECT:  PLESEDD 77E RILHT THING  AGENDA ITEM #: WATER REFUNDS  128 3  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  Piease compiete this card and present it to the City Clerk prior to the start oft the  meeting if you wish to speak at thisevening'sCoundl. Meeting.  NAME:  Cdanes Lacala 3/3  CITY OF RESIDENCE: MEETING DATE: SUBJECT: AGENDA ITEM #:  72B Rlds  28  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 oft the  meeting if you wish to speak at this evening's Council Meeting.  NAME:  36SSICA Pso   CITY OF RESIDENCE: LWCOLA) MEETING DATE: a 313 201 X  SUBJECT: AGENDA ITEM# #:  Walev Ryunds  17   Myhec-  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 speakat this.evening's Council Meeting.  NAME:  Tel prs  CITY OF RESIDENCE: MEETING DATE: SUBJECT: AGENDAI ITEM #:  COL B  asp  12C  Public Comments provides you an opportunity: to speak to the City Council about an issue on the agenda or any other item of concern. 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