Live Life Lincoln Live ite incoln-Live fe incoln Live. ife ncoln Live Life Ligcoln  CITY OF LINCOLN CITY COUNCIL, PUBLIC FINANCE AUTHORITY and REDEVELOPMENT SUCCESSOR AGENCY Regular Meeting May 9, 2017  OPEN SESSION MEETING City Hall - Third Floor Conference Room 1. CALL TO ORDER by Mayor Gilbert at 6:02PM. 2. ROLL CALL: Councilmen present: Gabriel Hydrick  Paul Joiner Dan Karleskint Stan Nader Peter Gilbert  Mayor Pro Tem: Mayor: Staff members present:  Roll Call: 5 members present, 0 members absent, 0 members excused.  Ray Leftwich, City Engineer/Acting City Manager Leslie Walker, City Attorney Steve Ambrose, Support Services Director Mike Davis, Fire Battalion Chief Matthew' Wheeler, Community Development Director Gwen Scanlon, City Clerk  Various City employees, consultants and members of the public were also present.  3. 4. 5. 6. 7.  REPORT FROM CLOSED SESSION - Mayor Gilbert announced there was nothing to report.  PLEDGE OF ALLEGIANCE led by Peggy Schechter. INVOCATION by Councilman Stan Nader. AGENDA REVIEW MODIFICATION - NONE CITIZENS ADDRESSING COUNCIL  a) James McLeod, a Lincoln resident, updated the Council on the Brookview residents' efforts in regards to the Independence Development project and stated he had met with the developer and City Staff and he planned to meet with the City Manager in the next two weeks and requested the Fire Chief  attend that meeting as well.  8.  COUNCIL INITIATED BUSINESS  Councilmen Karleskint reported on the Capitol-to-Capito: (Cap-to-Cap)Team for Land Use/Natural Resource and distributed a document entitled the same, made a part of these minutes by mention thereof, and gained unanimous Council consensus to bring al letter of support for Streamlining Section 404 Councilman Nader reported on the Library Advisory Council meeting he attended as an alternate, because both Councilmen Hydrick and Karleskint were attending Cap-to-Cap, and the discussion to reopen Councilmen Hydrick, Joiner, Karleskint and Mayor Gilbert reported on their experiences at Cap-to-Cap.  Clean Water Act Permitting Program in California to the next Council meeting.  Carnegie Library.  9.  PRESENTATIONS  600 Sixth Strect Lincoln, CA 95648 www.cl.limcohn.ca.us 916-434-2400    Lives Life Lincol n Lives Life Lincoln- Live Life Lincoln ive Life Lincoln ive ife  Page: 2of5 City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting May 9,2017 9.A.  PROCLAMATION 2017-0 08- A Proclamation of the City Council of the City of Lincoln for the  Twelfth Annual Lincoln Relay For Life.  Councilman Joiner moved and Councilman Hydrick seconded to approve Proclamation 2017-08,  unanimously approved. A brief presentation ensued.  9.B. events.  PROCLAMATION NO. 2017-09 - A Proclamation of the City Council of the City of Lincoln  Honoring the Lincoln Theatre Company for their creation of al Performing Arts Venue through various enhancements at the Lincoln Civic Auditorium and their numerous well-attended community theatre Councilman Joiner moved and Councilman Nader seconded to approve Proclamation 2017-09,  unanimously approved. A brief presentation ensued.  9.C.  PROCLAMATION NO. 2017-10 A Proclamation of the City Council of the City of Lincoln  proclaiming May 13, 2017 as Lions, Lioness & Leos Special "Kids" Day to provide challenged children, adults and their families, a special day to enrich, entertain and honor these special individuals fori their Councilman Hydrick moved and Councilman Karleskint seconded to approve Proclamation 2017-10, Councilman Nader exited the Council chambers at 6:45PM and re-entered at 6:47PM.  courage, determination and positive attitude about life. unanimously approved. Al brief presentation ensued.  9.D.  AMERICAN COUNCIL OF ENGINEERING COMPANIES OF CALIFORNIA (ACEC  California) 2017 ENGINEERING EXCELLENCE HONOR AWARD to the City of Lincoln, Holdrege & Kull Consulting Engineers and Geologists of Chico, CA and Coastland Engineering for its work on the Ray Leftwich, City Engineer, gave a brief powerpoint presentation and introduced the project team. Mayor Gilbert asked Council and public if they would like to pull any items off of the consent agenda, hearing none he called for a motion. Councilman Joiner moved for approval oft the remainder of the consent agenda, seconded by Councilman Karleskint. By the following Vote (Approved): Joiner- - Aye, Karleskint - Aye, Hydrick- - Aye, Nader = Aye and Gilbert- Aye, the following items: #1, April 21, 2017 Special City Council meeting Budget Workshop #2, April 24, 2017 Special City Council meeting Budget Workshop #3 and April 25, 2017 Regular City Council meeting.  Closed Lincoln Landfill Groundwater Corrective Action Project.  10. CONSENT  10.A. 10.B. 10.C.  MINUTES - Approve minutes of April 14, 2017 Special City Council meeting Budget Workshop WARRANTS - Adopt RESOLUTION 2017-092 approving warrants of April 20 and 28, 2017. SENIOR'S FIRST/FALCONI LEASE & FACILITIES AGREEMENT (1). Adopt RESOLUTION  2017-093 approving a lease agreement with' William and John Falconi ("Falconi") allowing the City's existing modular trailer located att the southeast corner of Fourth and H: streets (the 'modular") to encroach on the Falconi property; and, (2). Adopt RESOLUTION 2017-094 approving a Lease and Facilities Agreement with Seniors First, Inc. for the use of the City's owned modular for meeting space, recreation classes and related social activities geared to Lincoln's senior community members.  600 Sixth Strect Lincoln, CA 95648 www.d.lincain.aus 916-434-2400    Live Life Lincoln. Live.Life- Lincoin. Page 3of5 City Council, Public Finance Authority and Redevelopment Successor. Agency Regular Meeting May 9, 2017 10.D.  ncoln ive  TASK ORDER AMEND NO. 1 WITH MICHAEL BAKER INTERNATIONAL FOR  ENGINEERING DESIGN SERVICES FOR WATER CAPITAL REPLACEMENT PROJECT (CIP 135)- Adopt RESOLUTION 2017-095 authorizing the City Manager to execute Amendment No. 11 tot the Task Order with Michael Baker International for additional engineering design services int the amount of $19,600 and allocating $19,600 from Fund 711 - Water Capital Replacement to CIP 135 - Annual Waterline CONTRACT Adopt RESOLUTION 2017-096 authorizing the City Manager to execute a Contract for Construction with Caggiano General Engineering Inc., in the amount of $70,000 for the Moore Road/Sorrento Parkway Recycled Water Tie-in, and authorizing the City Engineer to approve change orders not to exceed $7,000. The project is requesting a budget augmentation from Fund 721-  Replacement Project. 10.E.  MOORE ROADISORRENTO PARKWAY RECYCLED WATER TIE-IN CONSTRUCTION  Wastewater Capital Replacement in the amount of $84,000.  10.F.  TASK ORDER AMEND NO. 1WITH BENNETT ENGINEERING SERVICES FOR  ENGINEERING DESIGN SERVICES FOR' WATER CAPITAL IMPROVEMENT PROJECT (CIP 410)- Adopt RESOLUTION 2017-097 authorizing the City Manager to execute Amendment No. 1 to the Task Order with Bennett Engineering Services for additional engineering design services in the amount of $39,100 and allocating $39,100 from Fund 711 - Water Capital Replacement to CIP 410-Annual  Waterline Replacement Project.  10.G.  NICOLAUS ROAD SEWER PUMP STATION CONSTRUCTION CONTRACT- (1)A Adopt  RESOLUTION 2017-098 authorizing the City Manager to appropriate $83,310 from the unencumbered balance of Capital Improvement Fund 721, for the CIP: 395 -Nicolaus Road Pump Station Improvements Project; and (2) Adopt RESOLUTION 2017-099 authorizing the City Manager to execute a contract for construction of CIP 395 = Nicolaus Road Pump Station Improvements Project with Clyde G. Steagall, Inc., int the amount of $ 248,899 for the Base Bid and authorize the City Engineer to approve change orders not THE PREPARATION OF THE PRELIMINARY ENGINEERS REPORT AND SETTING PUBLIC HEARING FOR. JUNE 13, 2017 Adopt two resolutions for the Benefit Assessment District No. 1/ Annual Update: 1) RESOLUTION 2017-100 initiating proceedings and ordering the preparation of the Fiscal Year 2017/18 Preliminary Engineer's Report for Benefit Assessment District No.1; and 2) RESOLUTION 2017-101 approving the Preliminary Engineers' Report, declaring the intention to order improvements, levy and collect assessments, and setting the Public Hearing for June 13, 2017. The projected Fiscal Year 2017/18 collection of assessments is estimated to be $72,357, which provides 100% offunds necessary for  to exceed $ 25,000 from Fund 721 - Wastewater Capital Replacement.  10.H.  BENEFIT ASSESSMENT DISTRICT NO. 1-1 INITIATING PROCEEDINGS AND ORDERING  maintenance activities associated with the Benefit District No. 1.  10.I.  LIGHTING & LANDSCAPE DISTRICT NO. 1-1 INITIATING PROCEEDINGS AND ORDERING  THE PREPARATION OF THE PRELIMINARY ENGINEERS REPORT AND SETTING PUBLIC HEARING FOR. JUNE 13, 2017 - Adopt two resolutions for the Landscaping and Lighting District No. 1A Annual Update: 1) Adopt RESOLUTION 2017-102 initiating proceedings and ordering the preparation of the Fiscal Year 2017/18 Preliminary Engineer's Report for Landscaping and Lighting District No.1; and 2) Adopt RESOLUTION 2017-103 approving the Preliminary Engineers' Report, declaring the intention to order improvements, levy and collect assessments, and setting the Public Hearing for June 13, 2017. The projected Fiscal Year 2017/18 collection of assessments is estimated to be $3,364,000, which provides 100% of funds necessary for maintenance activities associated with the Landscaping and Lighting District  No. 1.  600S Sixth Street 1 Lincoln, CA 95648 www.dilincola.causs 916-434-2400    Live. Life Lincoln Live Life Lincoln. ve Page 4 of5 City Council, Public Finance Authority and Redevelopment Successor. Agency Regular Meeting May 9, 2017 10.J. 10.K.  ve  INDEPENDENCE AT LINCOLN - Second Reading and adoption of ORDINANCE 941B REGIONAL WATER RELIABILITY PLAN PROJECT AGREEMENT (RWA)- Adopt  approving a rezoning of the Independence at Lincoln project area; and (2) Second Reading and adoption of ORDINANCE 942B approving the Independence at Lincoln General Development Plan. RESOLUTION 2017-104 authorizing the City Manager to execute the Project Agreement with Regional Water Authority (RWA) to participate in the Regional Water Reliability Plan (RWRP) activities and subscription based funding for the plan. Total project contributions from participating agencies is expected to be $276,000 for the Phase 1 efforts, with a Not-to-Exceed contribution amount of $460,000 for the balance oft the RWRP preparation. The City of Lincoln's share of participation costs are listed in the agreement as follows: Lincoln Phase 1 Contribution = $9,600 and Lincoln Not-to-Exceed = $16,0001 from  Fund' 710-1 Water Operations.  10.L.  POLICE STATION PAINTING - Adopt RESOLUTION 2017-105 authorizing the City Manager  to execute a contract for construction with D&H Painting, in the amount of $36,700, for the Base Bid plus Additive Alternate #1,for the Police Station Painting project (CIP 400), and authorizing the Public Services Director to approve change orders not to exceed $4,000. The FY 2016-17 CIP Budget includes $253,000  inf funding for the Police Department Improvement Project - CIP No. 400.  11. Public Hearings 11.A.  STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM (SCIP)  Adopt RESOLUTION  2017-106 repealing Resolution 2003-48 and authorizing the City toj join the Statewide Community Infrastructure Program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments within the territory of the City of Lincoln; approving form of Acquisition Agreement for use Steve Ambrose, Support Services Director, gave a brief staff report. Mayor Gilbert opened and closed the public hearing at 7:00PM with no comments. Councilman Joiner clarified that the program is administered ina similar manner as Mello-Roos bonds and Steve Ambrose responded that it is and the assessments Counciman Karleskint moved for approval, seconded by Councilman Joiner. By the following Vote (Approved): Karleskint - Aye, Joiner - Aye, Hydrick = Aye, Nader- = Aye and Gilbert- Aye, the following item: RESOLUTION 2017-106 repealing Resolution 2003-48 and authorizing the City to join the Statewide Community Infrastructure Program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments within the territory of the City of Lincoln; approving form of Acquisition Agreement for use  when applicable; and authorizing related actions.  are collected by the County with the tax assessment for the property.  when applicable; and authorizing related actions.  12. 12.A.  General Business  2017 INDEPENDENCE DAY FIREWORKS - Staff requests the City Council provide direction  to staff with regard to the City potentially providing financial support by subsidizing the possible shortfall in Ray Leftwich, City Engineer/Acting City Manager, gave a briefs staff report followed by a lengthy Council discussion on the amount of the shortfall and what Council was comfortable covering. Mayor Gilbert  donated funds for the 2017 Independence Day Fireworks Show.  opened the discussion to the public at 7:25PM with the following comments:  600 Sixth Strect Lincoln, CA irwsalinancut 916-434-2400    Live Life Lincoln - Live Life Lincoln. Page! 5of5 City Council, Public Finance Authority and Redevelopment Successor Agency Regular Meeting May 9, 2017 a) household. b) they need.  ve e  Byron Chapman, al Lincoln resident, agreed with Councilman Nader's suggestion that every Steve Funk, Fundraising Chair for the Boy Scouts, stated he would be able to donate at few  resident donate $1.00 and to that end he gave Rayl Leftwich a $20.00 cash donation to cover his  bounce houses and encouraged the 4" of July fund raising committee to reach out and let folks know what Mayor Gilbert called for a motion and Ray Leftwich stated he had heard Council consensus to cover the first deposit for the Fireworks of $9,200 and to have an additional report at the next Council meeting on May 23, 2017. By Unanimous Motion the following (Approved): to cover the first deposit for the Fireworks of $9,200 now and to have an additional report at the next Council meeting on May 23, 2017.  13. INFORMATION ITEMS - NONE  14. ADJOURMMENT by Mayor Gilbert at 7:28PM.  Submitted by: due-scanh Gwen Scanlon, City Clerk  600Sixth Strect . Lincoln, CA 95648 ww.dincln.cauy 916-434-2400    UC DAVIS HEALTH PRESENTS * 47TH ANNUAL  TEABII8H 47  SACRAMENTO. CA TO WASHINGTON D.C.  LAND USE AND NATURAL RESOURCES TEAM  Team Leaders:  Lisa Westwood, ECORP Consulting, Inc., westwood@ecorpconsuting.com Clark Morrison, Cox, Castle & Nicholson, LLP, monsonecoxcasuecom  Brad Norton, ICF International, BradNorton@icf.com  David. A. Diepenbrock, Diepenbrock Elkin Gleason LLP, eperbicgdpmlicdcom  Issue Contact:  Lisa Westwood, 916)782-9100, westwood@ecorpconsuting.com  SECTION 106 NATIONAL HISTORIC PRESERVATION ACT (NHPA) CONSULTATION EFFICIENCIES Development and construction of infrastructure, critical flood protection facilities, housing, and commercial land use is being hindered by the lack of clarity and consistency in one aspect of federal permitting with the US Army Corps of Engineers (CORPS) - compliance with Section 106 of the National Historic Preservation Act (NHPA). Clarification of these requirements will greatly improve the process and allow for important projects to proceed in at timely manner.  Requested Actions:  With congressional support in hand, urge that the Sacramento District of the US Army Corps of Engineers, in consultation with Corps Headquarters, the Advisory Council on Historic Preservation (ACHP), and the California State Historic Preservation Officer (SHPO), prioritize the development of a regional Programmatic Agreement to guide a more well-defined Section 106 consultation process for individual Section 106 undertakings that involve consultation Urge the Corps to develop more consistent policy guidance across Corps' Districts through proactive consultation with the ACHP to ensure successful implementation of public safety infrastructure for economic health in the complex cultural and legal environment of the Background: Section 106 of the (NHPA) requires Federal agencies to take into account the effects of their undertakings on historic properties. The responsible Federal agency first determines whether it has an undertaking that is a type of activity that could affect "historic properties." Ifso,it must consult with the SHPO and Federaly-recognized Native American tribes. If the agency's undertaking could affect historic properties, then the agency determines the scope of appropriate identification and evaluation efforts and then proceeds to identify historic properties ini the area of potential effects and consult accordingly. Consultation may result in agreed-upon measures that  with tribes and other consulting parties.  Central Valley.  2017 Sacramento Metro Chamber CapitoHto-Capitol Program rdganmetochamberog/910,2191Slswwmetochanleron  Fora additionali information, please contact Robert Dugan, Senior Vice President ofF Public Policya and Economic Development    the agency and, hence, the applicant/requester will take to avoid, minimize, or mitigate the adverse effects. Specific to the Corps, these measures are either incorporated into the Corps' Civil Works project or become conditions of the Corps' regulatory approvals through Section 404 of the Clean Water Act and Sections 10 and 14 of the Rivers and Harbors Act (the latter also referred to as Section 408 for alteration of Federal works). Permit issuance cannot occur until either an agreement document is signed (if applicable) or the Federal agency concludes, through consultation and with Through regulation of locally-led private or public sector projects or construction of Federal Civil Works projects, the Corps plays a critical role in satisfying the requirements of Section 106 ofi the NHPA, particularly in regard to the treatment of Native American cultural resources. In both types of projects, it is the Corps, not the local sponsor or applicant/requester, who is required to fulfill obligations under Section 106; however, it is the applicant/requester that not only is financially responsible for these requirements but also bears the risks to the project, should the Section 106 As the amount of unencumbered land suitable for development diminishes, cultural resources issues become even more central to the viability of a proposed project. Specific to flood management, California levees in the Central Valley are typically located on the fractious intersection of historic Gold rush-era pioneer settlements and prehistoric villages of a large and vibrant Native American civilization. Both peoples sought the flood protection provided by high ground, as well as the water, fish, and wildlife afforded by close proximity to California's major rivers. Consequently, the high ground occupied by ancient civilizations was a topographically ideal location for the levees constructed by pioneer farmers. Today, commingling of historic and prehistoric infrastructure and cultural properties has caused a number of costly and time- consuming conflicts during the recent construction of billions of dollars' worth of levee  SHPO concurrence, that there will be no adverse effect to historic properties.  process not proceed efficiently.  improvements.  California has also legislated a number of recent and relatively untested legal protections for Native American remains, grave goods, and other tribal cultural properties and landscapes. This scenario is made further volatile by ambiguities in State and Federal laws and the assertion of rights by well- funded, experienced tribes that often manifest late in the design and construction process, causing costly delays of critical public safety infrastructure. The final destabilizing elements are: 1) inconsistent application of Section 106 throughout the Corps, including a clearer characterization of good faith tribal consultation; and 2) a lack of recognition of the real-world impacts of State laws- These circumstances and other factors have caused the Section 106 consultation process to become increasingly and disproportionately lengthy. Despite successful efforts by the Sacramento District to improve and better document the consultation process, through a dedicated Section 106 coordinator, the consultation timeline continues to be negatively affected by other consulting parties, including the SHPO and tribes. The average time to negotiate the agreed-upon mitigation measures (which occurs after the historic properties are inventoried and evaluated) is 1 year fora Memorandum of Agreement and 2 years for a Programmatic Agreement. Reasons cited by the agencies for the delay are typically twofold. The first is that their workloads are being reprioritized  imperfect as they are-on actual construction.  2017 Sacramento Metro Chamber Capitol-to-Capito!. Program omatshmalee, 327-9775/ ywmetrochamberon  Fora additional information, please contact Robert Dugan, Senior Vice President off Public Policy and! Economic Development    by a higher authority, which leaves these MOAS and PAs to lie dormant in the agencies for months at a time. The second is an ill-defined tribal consultation process, which results in last-minute discussions of impacts to tribal resources and multiple extensions on consultation time periods. Many of these extensions granted by the agencies never result in any changes to the project or impacts, which leads to unnecessary delays to projects, which have a direct impact on our local economy or delay infrastructure improvements for public safety, which the Corps has a common goal in achieving with their non-Federal local partners. These delays are exacerbated by current regulation and policy, which largely fail to define reasonable timeframes and good-faith consultation Need for Reform/Recommendations: The federal government has at tremendous wealth of experience working with the SHPOs, the public, and tribes in varying institutional and cultural settings throughout the country, with many of the most difficult problems resolved by guidance from the ACHP-essentialy thei final board of appeal for disputes regarding Section 106 implementation. Despite this experience, vast improvements in Section 106 implementation could be achieved by more consistent policy guidance across Corps' Districts combined with objective guidance from experienced agencies outside the Corps. Proactive consultation with the ACHP would address both of these needs and is critical to successful implementation of public safety infrastructure and private industrial ventures for economic health in the complex cultural and legal In2 2015, several congressional representatives voiced serious concern over the lack of clarity and certainty in the Section 106 consultation process as it relates to undertakings by the Corps, and last November, urged the Corps to prioritize the development of a program-level Programmatic Agreement to 1) outline and clearly define the consultation timelines and response times; 2) establish definitions for reasonable and good faith effort; 3) provide thresholds for decision-making that are consistent between Corps staff and from project to project; 4) contribute to better efficiency within the Corps; and 5) provide well-needed certainty for agencies, tribes, and the regulated community. Accordingly, we urge the Corps to consult with the ACHP and SHPO to develop such an agreement, which includes policy guidance and protocols that provide Sacramento District staff with the support they need to define what is reasonable and appropriate, and to ensure that historic properties are managed or mitigated in a timely manner and at a scale that is  efforts.  environment of the Central Valley.  appropriate to the undertaking.  2017 Sacramento Metro Chamber Capitol-to-Capito' Program mtshmetale: 327-9775/ wwwmetrochamberon,  For additional information, please contact Robert Dugan, Senior Vice President ofF Public Policya and! Economic Development    SPEAKER INFORMATION  Public Comment at City Council Meeting  Asa Courtesy to the Mayor, please provide your information and the Agenda Section  number you wish to speak on.  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