Live Tfe inc oln ve  incoln.  incoln Live ie incoln Live ife Lipsoin  MINUTES  CITY OF LINCOLN CITY COUNCIL & LINCOLN REDEVELOPMENT SUCCESSOR AGENCY SPECIAL MEETING MINUTES Council Work Session October 3, 2017  5:00PM - 6:00PM -First Floor Conference Room  Mayor Gilbert stated the prior meeting was not adjourned - Councilman Joiner motioned and Councilman Karleskint seconded to adjourn the committee interview meeting, unanimously approved, to adjourn at 5:09PM. Mayor Gilbert then called the work session meeting to order at 5:09PM.  1. ROLL CALL  Counciimembers present: Gabriel Hydrick  Paul Joiner Dan Karleskint Stan Nader Peter Gilbert Matt Brower, City Manager Bruce Cline, Interim City Attorney Jennifer Hanson, Public Services Director Gwen Scanlon, City Clerk Matt Wheeler, Community Development Director  Mayor Pro Tem: Mayor: Staff members present:  Various City employees, consultants and members of the public were also present.  2. PLEDGE OF ALLEGIANCE led by Chief. Jim Datzman, retired police chief of South San Francisco.  3. PUBLIC COMMENT - NONE 4. STAFF REPORT  4.A. Commission/Commitee Appointment Process City Council to discuss and provide input to (1) restructure the City of Lincoln Municipal Code (Code) sections related to Committees/ Commissions/ Boards 2.50.020 Appointment, the Planning Commission 2.60.030 nomination and appointment and 2.60.040 vacancies and (2) direct Staffi in regards to which applicants to include on the eligibility list from the January and June 2017 interviews or to create an eligibility list after hearing from all potential Gwen Scanlon, City Clerk, gave a brief staff report and a lengthy Council discussion ensued. Councilman Nader stated he would prefer to interview each time an opening arises. Councilman Joiner expressed concern with the eligibility list as it doesn't provide an opportunity for Council to weigh in on who is qualified. Councilman Karleskint also expressed his desire to conduct interviews each time a vacancy arises. Councilman Hydrick clarified that the eligibility list would have a shelf life of two years with dates aligning with the election cycle and suggested the municipal code language could be wordsmithed to allow the eligibility list but that he was also open to re-interviewing. Councilman Joiner asked Bruce Cline, City Attorney, what quorum was now that there are two positions vacant on Planning Commission. Mr. Cline stated the quorum remains at four members and a brief discussion ensued regarding reducing the Planning Commission from seven members down to five as Mayor Gilbert stated he did not like the idea of each Councimember owning a seat on the Planning Commission. Mayor Gilbert opened the public hearing at 5:38PM with the following comments: a) Lena Labosky, al Lincoln resident, stated there are currently three members on the eligibility list and two vacancies sO it makes sense to appoint two from the current list and stated changing  candidates.  the rules in the middle of appointing two new members is bad optics.  600 Sixth Street L Lincoln, CA 95648 www.d.lincdln.cauy 916-434-2400    Live Life Lincoln Page 2of5  Lincoln Live ife incoln Live ite  coln  City Council &1 Lincoln) Redevelopment Successor Agency October 3, 2017 Committee. Interview Special Meeting & Work Session  b) Gary McDonald, a Lincoln resident and member of the City's Economic Development Committee, stated when he lived in Colorado all appointments were done in a regularly scheduled Council meeting and recommended the number of seats remain at seven as there Another brief discussion ensued with Council consensus to not proceed with the eligibility list and recommended Municipal Code changes but rather to keep Municipal Code as it currently stands and recruit and conduct interviews each time a vacancy arises on any City committees. 4.B. Social Host Ordinance City Council to direct Staff to proceed with 1st Reading of the Social Host Ordinance or alternatively give further direction to staff.  would be more talent at the table.  Chief Lee gave a brief staff report and Mayor Gilbert opened the public hearing at 5:50PM with the a) Gary McDonald, a Lincoln resident and member oft the City's Economic Development Committee, stated he worked previously for Mothers Against Drunk Drivers (MADD) and stated he heard from Chief Lee that this would be a valuable tool which would go above and beyond the current laws and suggested Council move forward with at fine of $10,000. Mayor Gilbert closed the public hearing at 5:52PM and al brief Council discussion ensued regarding amount of fine. Councilman Hydrick expressed a concern with enforcement and asked why the ordinance stopped with marijuana and alcohol as there are many other dangers that the kids int the community are faced with and concluded that this bad policy and is governing what happens in a private domain. Councilman Joiner suggested the enforcement process be flushed out and Mayor Gilbert received affirmative direction to move forward with this item from all but Councilman Hydrick. 4.C. Water Rate Staff recommends that the City Council finalize the timeline for conducting the required Proposition 218 hearing for the consideration and possible adoption of new water rates for the City's water utility fund for the period encompassing FY 17/18 through FY 22/13; endorse the Ad Hoc Water Rate Committee's policy recommendations and staff's recommended rate increases; authorize Raftelis Financial Consultants (RFC) to finalize the Water Rate Study with the recommended policies and rate increases; and set dates for the Public Hearing Matt Brower, City Manager, gave a brief staff report and stated Staff is seeking Council direction on four business items: (1) finalize timeline for Proposition 218 hearing; (2) authorize inclusion of the Ad Hoc Water Rate Committee Policy; (3) approve Staff recommendations and projected rate increases and (4) Matt Brower asked Council for authorization on the first item to issue the Proposition 218 notice on November 14, 2017 with the Proposition 218 hearing on January 9, 2018 which would be a notice period of 56 days which exceeds the required 45 day notice period and puts the hearing past the holidays. Mayor Gilbert polled the Council on the notice issuance date of November 14, 2017 and Matt Brower asked Council for authorization on the second item to authorize the inclusion of the Ad Hoc Water Rate Committee Policy recommendations: a) By a vote of 8-1, the Committee recommended a 33% operating reserve; b)By a vote of 9-0, the Committee recommended a capital improvement program that funds the completion of deferred infrastructure repairs and replacements within the next 10 years; and C)E By a vote of 9-0, the Committee recommended a single city-wide uniform volumetric rate with no zones. Mayor Gilbert polled the Council on the three (3) policy recommendations for possible inclusion into the final draft of the water rate study and received unanimous approval aftera brief discussion on whether the City would have the flexibility to achieve the recommended 33%  following comments:  and Prop 218 process.  authorize Raftelis Financial Consultants (RFC) to finalize the Water Rate Study.  hearing on January 9, 2018 and received unanimous approval.  operating reserve.  600 Sixths Strect . Lincoln, CA 95648 www.d.limncaln.ca.ux 916-434- -2400    Live Life Lincoln Live  ifeLincoln Live ie Incoln ive  incoln.  Page 3of5  City Council &1 Lincoln] Redevelopment Successor Agency October 3,2017 Committee. Interview Special Meeting & Work Session  Matt Brower asked Council for authorization on the third item to authorize the proposed water fund rate. increases into the five year study term based on the cost of service principles set forth by the American Water Works Association M1 Manual which distributes costs necessary to meet the demands of water customers with costs including operations and maintenance expenditures and the capital improvement program for the next five years. Matt Brower continued the proposed rate increases take into account the current funds available, the projected costs and the retention of adequate reserves and are as follows: proposed rate increases FY 17/18=0%, FY 18/19=3.2%, FY 19/20=3.5%, FY: 20/21=3.5% and FY21/22-3.59. Mayor Gilbert polled the Council on the proposed water rate increases and received unanimous approval after a brief discussion on if proposed rate increases were in line with what ad hoc committee had recommended. Gerald Harner, City Treasurer and Water Rate Ad Hoc Committee Chair, stated the proposed increases are in line with the committee's recommendations. with some fine Matt Brower asked Council for authorization on the fourth item to authorize Raftelis Financial Consultants (RFC) to finalize the Water Rate Study with the recommended policies and rate increases. Mayor Gilbert polled the Council on authorizing RFC to finalize the water rate study and Councilman  tuning by Staff to lower the rate increase percentages.  Hydrick suggested the public be heard prior to polling on this item.  Mayor Gilbert opened the public hearing at 6:26PM with the following comments:  a) Jessica Booth, a Lincoln resident and LIFT member (LIFT is a group unified to lifting Lincoln to new heights through Integrity, Financial responsibility and total Transparency), stated her concern with the funds 710 and 711 and questioned whether the 5 million gallon (5mg) tank is truly needed and requested a full accounting and a refund to rate payers the rates that were wrongly collected, see attached letter made a part of these minutes by mention thereof. b) Ted Jones, Water Rate. Ad Hoc committee member representing the Verdera Homeowner's Association, stated his concern with water rate reserves being burned down and requested that rates that were wrongly collected be refunded. Mr. Jones continued he is also concerned with the RFC analysis in later years and requested transparent rates that mirror the Placer County Mayor Gilbert closed the public hearing at 6:37PM. Ray Leftwich, City Engineer, stated the 5mg tank is a replacement tank to one that was removed eleven years ago and also a tank that is out of service. Matt Brower stated the Council has chosen to pay for infrastructure as it is built rather than accruing debt and if all reserves are refunded then Council would have to double or triple the rates in order to pay for the 5mg tank. Mayor Gilbert then polled Council on the fourth item to authorize RFC to finalize  Water Agency rates.  the water rate study and received unanimous approval. 4.D. Affordable Housing Ad Hoc Committee  Matt Brower stated Council had directed staff at the July 11, 2017 regular Council meeting to add the creation of an Affordable Housing Ad Hoc committee to ai future work session. Matt Brower continued Staff is seeking Council input on the following six decision points: (1)go or no-go on creating an ad hoc committee, (2) will the committee be a staff level or Council level committee (if Council Brown Act requirements must be met), (3) what will the committee purpose or role be, (4) who will participate, (5) what is the timeline fort the committee, and (6) what will final work product be (scope). Abrief Council discussion ensued and Mayor Gilbert opened the public hearing at 6:50PM with the following  comments:  a) Jim Datzman, al Lincoln resident and Park & Recreation committee member, stated affordable housing is worthy ofi further discussion and stated he is in favor of an ad hoc committee. b) Bob Loew, al Lincoln resident and member of St. Vincent de Paul Society, stated the City has not any affordable housing building in the last few years and does not see this trend changing without an ad hoc committee. Mr. Loew suggested an ad hoc committee be created with senior  600 Sixth Strect - Lincoln, CA 95648 www.d.lmcin.ca.us 916-434:2400    Live Life Lincoln Live Page 4of5  oln.  City Council &1 Lincoln Redevelopment Successor. Agency October 3, 2017 Committee Interview Special Meeting & Work Session  staff and citizens who will meet and come back to Council in a month's time with a defined scope. c) Gary McDonald, al Lincoln resident, Chief Executive Officer for Lighthouse and member of the City's Economic Development Committee, stated it is important to have affordable housing for teachers, police and other mid-level workers as these folks are living on the fringe and if unable toa afford housing it increases the number of homeless. Mr. McDonald stated he is in favor of the ad hoc committee and the City should streamline development sO that affordable housing is d) Veronica Blake, Placer Community Foundation representative, stated this committee is needed and encourages the Council to do something similar to the Placer County Board of Supervisor's e) Gerald Harner, City Treasurer, encouraged the Council to format a committee in same manner Mayor Gilbert closed the public hearing at 6:59PM. Al lengthy Council discussion ensued and included the following Council concerns: Councilman Karleskint state he is not opposed to creating a committee as long as it had a clear scope; Councilman Joiner stated there is nothing that is prohibited in the City's zoning code other than Tiny Houses sO developers are free to construct affordable housing and this issue was not identified as a Council priority at their annual strategic workshop and suggested something would need to be removed from Staffs to-do list in order to take on this issue; Councilman Hydrick agreed with previous concerns and also expressed concern with first-time homebuyer loan program the City had administered to promote affordable housing and suggested this committee would not work and compared it to communism; Councilman Nader stated he had requested this item and is in favor of creating the committee; Mayor Gilbert concluded the discussion by stating he is in favor of the committee with the clear message that the City does not have any funds to commit to this issue. Mayor Gilbert reopened the public hearing with the following comments:  profitable. Housing Plan.  as the' Water Rate Ad Hoc Committee as it was very successful.  a) Bob Loew, a Lincoln resident and member of St. Vincent de Paul Society, responded to above comments and suggested the committee bet formed with his suggested scope: to explore b) Juve Vela, al Lincoln resident and member of Society of St. Vincent de Paul, stated affordable housing is needed and requested the Council keep an open mind regarding the committee. Mayor Gilbert polled the Council to see who was in favor of creating the ad hoc committee and another discussion ensued. Mayor Gilbert received support from Councilman Nader and Councilman Karleskint also supported if a clear purpose for the committee was identified. Mayor Gilbert stated that he is in favor as well SO directed the City Manager to devise a possible scope for the proposed committee and bring it back to Council to see if it warrants the creation of an ad hoc committee. 4.E. LETTER OF OPPOSITION TO SB649 - Consideration and Approval or Rejection ofa letter of opposition to California Senate Bill 649 Wireless Telecommunication Facilities. Councilman Nader motioned approval of the letter in opposition to SB649 and Councilman Joiner 4.F. PROCLAMATION 2017-14 recognizing the remarkable achievements of Thomas J. Cosgrove and his many contributions to the City and hereby declares October 6, 2017 as Thomas J. Cosgrove day Councilman Nader motioned approval of PROCLAMATION 2017-14 and Councilman Hydrick  policies and programs to stimulate affordable housing in the City.  seconded - unanimous approval.  and designates A portion of State Highway Route 65 Lincoln Bypass as the  Thomas J. Cosgrove Memorial Bypass. seconded = unanimous approval.  600 Sixth Street Lincoln, CA 95648 "ww.s.limcln.aus 2916-434-2400    Live Life Lincoln Page 5of5  City Council &1 Lincoln Redevelopment Successor Agency October3 3,2 2017 Committee Interview Special Meeting & Work Session 5.COUNCIL INITIATED BUSINESS - NONE  6. WORK SESSION ADJOURNED by Mayor Gilbert at 7:55PM.  dlver Scarl Submitted by Gwen Scanlon, City Clerk  600 Sixth Strect Lincoln, CA 95648-www.ci.lncoln.ca-us 916-434:2400    SPEAKER INFORMATION  Public Comments Request for Council Meetings  Piease compiete 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 RESIDENCE: MEETING DATE: SUBJECT: AGENDAITEM #:  OGSICA  Bth  L/N COLA lo 13  Watevs vatas  Public Comments provides you an opportunity to speak to1 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: CITY OF RESIDENCE: MEETING DATE: SUBJECT: AGENDAI ITEM  Does Lncela 10-3-/7  IAbE  LIG  #:  Public Comments. provides you an opportunity to speak to the City Council about an issue on the agenda or any other item of concern. Speakèrs are requested to restrict their comments to issues that are within the jurisdiction of the City Council and to stay within the thrée-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:  SDomaM  CITY OF RESIDENCE: KN LOLV MEETING DATE: 1633577  SUBJECT: AGENDAI ITEM: #:  APR25ABLE HosAs  40  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 commentsto 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 of the  meeting if you wish to speak at this evening's Council Meeting.  NAME: B03 LCEWD CITY OF RESIDENCE: INCOLN MEETING, DATE: Ce733  -  SUBJECT: AFFOZDABLE HOUSING  AGENDAI ITEM# #: 4D  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 ofthe City Council and to stay within the thréé-minute  time limit.    Good evening Council Members, and to those present and viewing on video. My name is Jessica Booth and Imoved to Lincoln 4 1/2 years ago.. lam also a member OfLIFT. LIFT's acronym, in short, represents Integrity, fairness and transparency. Those are ideals Ihold firmly in my heart. I'm here to speak the additional 5 million First though, my grandparents were immigrants who instilled in me the belief that this is the greatest of all countries. They also instilled me the obligation to serve my community. Service to community includes holding our elected officials accountable when they fall short of fulfilling their duties in keeping with those ideals. One way Iserve my community is through LIFT. Asal LIFT member, I've been impressed with the efforts of. Jennifer Hanson and Matt Brower in attempting to resolve the illegal tiered water rate lawsuit brought against the City for violating Prop. 218. I attended an ad hoc water rate committee meeting and sat in on many City Council meetings either in person or on video. I've seen and heard much that was positive from council members and . regrettully..some that was dismissive as well. Now, to my point.lunderstand that there is al binding settlement agreement between the plaintiffs who brought the Prop. 218 lawsuit and the City that includes refunds to the rate payers. Again, thank you to Jennifer and Matt for their efforts to bring resolution to an action that Lincoln residents should never have been forced to take... HOWEVER, I also have reviewed current City financial statements that cause me to wonder if City leadership is committed to serving the City in the fair and transparent manner we all Specifically, la am referring to the excessive 710 and 711account amounts funded by the illegal tiered rate fees paid by City residents. Inote that while the new planned 10 million gallon water tank is tol bei funded from the 715 account - water connection fees - the City is proposing another 5 million gallon water tank in fiscal year 21/22 to be funded by the reserve account. This is curious and, Ibelieve, is a thinly veiled attempt to draw down reserves in the hope of averting the moral obligation to refund excessive reserves Isincerely hope this is not the case and that a proper accounting adjustment will follow ifi ini fact another 5 million gallon tank is truly needed. understand that the City has provided three different rationales for that tank which makes one wonder ifi it is indeed Inc closing, Irespectfully ask you to reconsider that accounting and refund what was wrongly taken from the people you were elected to represent. Sometimes doing the right thing requires humility and an admission that' "we fell short". People respect that  gallon water tank proposed for fiscal year 21/22.  expect and deserve.  to the residents of Lincoln.  needed.  and will forgive and understand. Thank you. Jessica Booth  - cjeskice