M
INUTES
C ITY OF LINCOLN
CI TY COUNCI L, PUBLIC FINANCE AUTHORITY
and R EDEVELOPMENT SUCCESSOR AGENCY
Regular Meeting
September 13, 2022
OPEN SESSION MEETING
Meeting conducted in -person at City Hall, 600 6 th Street, Lincoln, CA and virtually on Zoom with Live Stream on City of Lincoln YouTube Channel and WAVE Channel 18.
1. C
ALL TO ORDER by Mayor Andreatta at 6:00PM.
2. R
OLL CALL: Councilmembers present: Paul Joiner
Dan Karleskint
William Lauritsen
Alyssa Silhi
Mayor Holly Andreatta
Roll Call: 5 members present, 0 members absent, 0 members excused.
Staff members present: Sean Scully, City Manager
Kristine Mollenkopf, City Attorney
Matt Alves, Public Safety Chief
Gwen Scanlon, City Clerk
Rommel Pabalinas, Planning Manager
Nita Wracker, Finance Director
Jennifer Brown, Information Systems Manager
Christian Svensk, Community Development Director
Roland Neufeld, Senior Engineer
V
arious City employees, consultants and members of the public were also present in person and via teleconference.
3. R
EPORT FROM CLOSED SESSION – Kristine Mollenkopf, City Attorney, stated that staff received di
rection, but there is no reportable action. Staff will be returning with an item for the Council to consider in t
he near term.
4. PL
EDGE OF ALLEGIANCE – led by Fran Neves
5. A
GENDA MODIFICATIONS - None
6. PRESENTATIONS- None
7. P
UBLIC COMMENT ON NON-AGENDA ITEMS
a .) Fran Neves, a Lincoln resident expressed concern regarding the lack of a signal light at Oak Tree Lane and M
cBean Drive. In August, a St. Joseph’s Church parishioner leaving Oak Tree Lane was stuck by a big rig which resulted in life altering medical issues. Mrs. Neves requested an update on the signal installation project timeline. Sean Scully, City Manager, stated the signal timeline is based on the development, easements and Oak Tree Lane Improvements which will be discussed in 8.E RESOLUTION 2022-208
b.
) Byron Chapman, a Lincoln resident, expressed concern with go-carts that go over the posted speed limit. Mr. Chapman reported the incident to the Lincoln Police Department. Matt Alves, Public Safety Chief will report issue back to his department.
City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
September 13, 2022
8. CONSENT
Mayor Andreatta asked if any members of the City Council or public would like to pull any items from the Consent Agenda. Councilmembers did not pull any items from the Consent Agenda. Sean Scully, City Manager asked to pull item 8.G from the Consent Agenda to provide a staff report.
Mayor Andreatta called for a motion. Councilmember Joiner motioned approval of the items and the motion was seconded by Councilmember Silhi, By the following Vote (Approved): Joiner – Aye, Silhi – Aye, Karleskint – Aye, Lauritsen – Aye, and Mayor Andreatta – Aye. The items approved were:
8.A. Approval of Minutes of August 23, 2022 Regular City Council meeting.
8.B. Adopt PROCLAMATION 2022-05 designating September 17-23, 2022 as Constitution Week in the City of Lincoln.
8.C. Adopt RESOLUTION 2022-207 accepting the Warrants of August 19 and 26, 2022 and September 2, 2022 to be placed on file with the City Clerk and available for audit.
8.D. Waive Second Reading and Adoption, by title only, ORDINANCE 1053B of the City of Lincoln to repeal and re-enact Chapter 5.04 – Business Licenses.
8.E. Adopt RESOLUTION 2022-208 authorizing the City Manager to accept the following easements associated with the Oak Tree Lane Improvements:
1. John L. Sullivan Family Limited Partnership offers: Easement for Public Street and Highway Purposes, Public Utility Easement on the south side of McBean Park Drive, Public Utility Easement on the west side of Oak Tree Lane, Pedestrian Walkway Easement on the west side of Oak Tree Lane,
and a Public Waterline Easement on the south side of McBean Park Drive.
2. 1450 Lincoln, LLC offers: Easement for public drainage purposes along Oak Tree Lane.
Once constructed, the City will be responsible for the maintenance of the widened intersection of Oak Tree Lane at McBean Park Drive.
8.F. Adopt RESOLUTION 2022-209 accepting a new easement for Public Water Line purposes and RESOLUTION 2022-210 approving the Summary Vacation of the old replaced Water Pipeline Easement.
The City will be responsible for the maintenance of the water pipeline within the new easement.
8.H. Adopt RESOLUTION 2022-212 accepting the Twelve Bridges Village 1 Phase 1 Subdivision Improvements as complete and authorize the City Clerk to file the Notice of Completion with the Placer County Recorder. The streets, sewer, and water infrastructure within this subdivision will be owned and m
aintained by the City.
8. I. Adopt SUCCESSOR AGENCY RESOLUTION 2022-04S approving the last and final Recognized Obligation Payment Schedule (ROPS) pursuant to Health and Safety Code Section 34191.6 for the period o
f July 1, 2022 through June 30, 2034.
8.J. Adopt RESOLUTION 2022-213 authorizing the City Manager to execute a Professional Services Contract with municipal financial consultant, Raftelis, to provide Municipal Utility Rate Studies for Solid Waste Services and Water Distribution Services, for a total amount not to exceed $110,184, with a timeline f
or full completion by June 30, 2023.
A budget augmentation of $53,999 from the unencumbered fund balance of Solid Waste Fund 730, and $56,186 from the unencumbered fund balance of Water Fund 710, will be necessary to cover the expense
City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
September 13, 2022
of these studies
8.K. Adopt RESOLUTION 2022-214 authorizing the City Manager to execute a Professional Services Contract with Atlas, for a total amount of $449,652 (including a 10% contingency), to provide engineering and maintenance services for the Closed Lincoln Landfill Ongoing Monitoring and Maintenance Project, for a five-year term (September 1, 2022 through August 31, 2027) with the option to extend the contract for one additional five-year term.
The current FY 2022-23 Solid Waste Division professional services fund has sufficient balance to fund this contract and future years of this contract will be budgeted appropriately.
ITEMS PULLED FROM THE CONSENT AGENDA:
8.G. Adopt RESOLUTION 2022-211 authorizing the City Engineer to approve change orders with Consolidated Engineering, Inc. for an additional $26,617 for CIP 490 – Corporation Yard Vehicle Wash Station CDS Filter Project, increasing the total change order authority to an amount not to exceed $35,577.
There are funds available in the project budget for CIP 490 from Fund 540. No budget augmentation is necessary.
Sean Scully, City Manager asked to pull item 8.G. to provide additional clarification and to ensure the official record captures the change order request. Staff recommends to fund this project from the Capital Improvement Fund (CIP) 540 which is considered a pooled account that serves all of the departments.
Councilmember Silhi motioned approval of 8G and the motion was seconded by Councilmember Joiner.
By the following Vote (Approved): Silhi – Aye, Joiner – Aye, Karleskint – Aye, Lauritsen – Aye, and Mayor Andreatta – Aye: RESOLUTION 2022-211.
9. PUBLIC HEARINGS
9.A. Adopt RESOLUTION 2022-215 approving changes to the City of Lincoln Master Fee Schedule for User and Regulatory fee update.
Nita Wracker, Finance Director, introduced Terry Madsen and Dave Schroeder from Clear Source Financial Consulting. Mr. Madsen and Mr. Schroder gave a Power Point presentation, made a part of these minutes by mention thereof.
The City of Lincoln has not conducted a comprehensive study of fees since 2019. There was an updated fee schedule adopted at the conclusion of that study; however, since that time, fees have remained relatively unchanged. Staff recommends adjusting most of the fees in the master fee schedule by the most recent annual change in regional inflation. Study does not include examining taxes, assessments, utility rates, development impact fees. This study is related only to updating service-based fees that include building permit fees, engineering fees and administrative items.
Mr. Schroeder and Mr. Madsen recommend the City Council adopt the resolution updating the City's Master Fee schedule, and if adopted, fee changes would go into effect sixty days from September 13, 2022, which would be around mid-November.
Nita Wracker, Finance Director, thanked presenters for their expertise and collaboration. The intent is to update the fees on a more regular basis if Council allows Finance to do them in a more expedient nature.
Finance did an internal outreach to make sure they were meeting department needs. Some fees need to be adjusted in different ways for instance, the library rental room fees.
Mayor Andretta opened the Public Hearing at 6:36pm.
Councilmember Joiner asked for clarification regarding the delay of the Master Fee Schedule updates.
City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
September 13, 2022
Nita Wracker, Finance Director, confirmed the delay was due to Covid-19 and departmental changes.
Councilmember Karleskint requested clarification on the department survey, differentials related to what the Cities fees could have been vs. this year’s Master Fee Schedule.
Nita Wracker, Finance Director, stated that this was an inflationary study. If the Council would like staff to catch up, they would need to do another full study next fiscal year. Staff recommends implementing a regular cycle where they are doing annual CIP adjustments, and then an overall adjustment. In order to ensure that the City is charging the correct fees every so many years, we need to do an overhaul of the entire fee structure.
Mayor Andreatta asked if there are any public comments. a.) Eric Kurland, a Lincoln resident, requested clarification on whether or not the building, planning and development fees were apart of this particular fee study.
Sean Scully, City Manager, stated that the (Public Facility Element) PFE’s timeline updates will take place in the next couple of weeks.
b.) Byron Chapman, a Lincoln resident, commented that the City of Lincoln has been very good in helping non-profit organizations as fees come up. Mr. Chapman asked if the City has funds set aside to augment for hardships in the general budget.
Mayor Andreatta closed the public hearing at 6:39pm.
Councilmembers thanked City Staff for fee study, collaborating with stakeholders and nailing down processes. Nita Wracker, agreed that a regular study is a benefit to everyone.
Mayor Andreatta called for a motion. Councilmember Karleskint motioned approval of the first resolution and the motion was seconded by Councilmember Lauritsen.
By the following Vote (Approved): Karleskint – Aye, Lauritsen – Aye, Joiner – Aye, Silhi – Aye, Karleskint – Aye, and Mayor Andreatta – Aye: RESOLUTION 2022-215
9.B. (1) Conduct a public hearing; and (2) Consider whether to waive first reading and adopt by title only ORDINANCE 1054B establishing a Development Agreement between the City of Lincoln and Pappas Arizona, LP and Pappas Gateway LP (collectively “Pappas”) for the development of approximately 44.13 acres of General Commercial and Employment Center zoned (“commercially zoned”) property within the Twelve Bridges Plan Area; and (3) If inclined to adopt the Ordinance, staff further recommends the Council make a finding the Ordinance is exempt from further environmental review under the California Environmental Quality Act (“CEQA”).
Kristine Mollenkopf, City Attorney, gave a brief background on the staff report. Pappas has presented a very compelling argument to staff requesting to extend their commercial credits for water and wastewater beyond the life of the existing development. The development agreement is specifically limited to only the commercial properties currently owned by Pappas in the Twelve Bridges Pacific plan area.
Mayor Andretta requested the applicants speak prior to opening public testimony.
Taylor & Wiley, Land Use and Environmental Law, representing Pappas Investments, introduced themselves along with Mike Whipple and Travis Batts from Pappas Investments. Both parties welcomed questions from the community, City staff and City Council Mayor Andreatta opened the Public Hearing at 6:49pm with the following comments:
a.) Byron Chapman, a Lincoln resident, asked if the city would consider this type of development agreement with potential developers in the future.
b.) Eric Kurland, a Lincoln resident, commented on the contract language, negotiations and the complex
City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
September 13, 2022
process to review the agreement. Mr. Kurland, encouraged the developers and the Community Development Director to work with the Twelve Bridges Community to talk about what this all means to the community and how to collaborate moving forward.
Mayor Andreatta closed the Public Hearing at 6:55pm.
Councilmembers agree that the resolution is fair and City Council is ready to move forward with development. The City Council agree that Pappas and the City of Lincoln have worked diligently bringing in sales tax revenues; however, requested that the developers give residents a chance to comment on the type of businesses they would like to see in Lincoln.
Kristine Mollenkopf, City Attorney, stated this agreement is a unique opportunity. The City Council has the ultimate land use authority within the city limits. Unless the city council decides that they are bringing forth a project that presents a benefit to the community that they would want to grant such a similar benefit.
Councilmember Joiner motioned approval of the first read of the ordinance and the motion was seconded by Councilmember Lauritsen By the following Vote (Approved): Joiner – Aye, Lauritsen – Aye, Karleskint – Aye, Silhi – Aye, and Mayor Andreatta – Aye: ORDINANCE 1054B
9.C. Council conduct a public hearing and waive first reading and adopt by title only ORDINANCE 1055B amending Lincoln Municipal Code section 17.16.190 regarding discretionary extensions for tentative subdivision maps to be consistent with State law, and finding the Ordinance is exempt from further environmental review under the California Environmental Quality Act.
Kristine Mollenkopf, City Attorney, gave a brief background on the staff report. The report is a straightforward revision to the municipal code regarding the approval of tentative subdivision maps. The change would update the current ordinance from 24 months to 48 months which is consistent with Senate Bill, also known as SB9. It also allows the Council to extend its approval for an additional time period, yet not to exceed 72 months.
Christian Svensk, Community Development Director, agreed that it’s a great change from the State of California to streamline the process.
Mayor Andreatta opened and closed the Public Hearing at 7:09 with no public comments and called for a motion.
Councilmember Joiner motioned approval of the first read of the ordinance and the motion was seconded by Councilmember Karleskint By the following Vote (Approved): Joiner – Aye, Karleskint – Aye, Lauritsen – Aye, Silhi – Aye, and Mayor Andreatta – Aye: ORDINANCE 1055B
10. GENERAL BUSINESS
10.A. Adopt RESOLUTION 2022-216 to authorize the City Manager to enter into a contract with Hinderliter De Llamas & Associates (HdL) to provide Business License Administration / Compliance Services for an amount not to exceed $127,000.00 over a three (3) year term as a “piggyback” agreement to the RFP conducted by the City of Roseville, RFP # 10-019 dated January 15, 2021.
Nita Wracker, Finance Director, stated the resolution is the final piece in overhauling the business license process.
Councilmember discussion ensued. Councilmembers thanked staff for updating processes.
Mayor Andreatta called for a motion.
Councilmember Karleskint motioned approval of the resolution and the motion was seconded by Councilmember Joiner By the following Vote (Approved): Karleskint – Aye, Joiner – Aye, Lauritsen – Aye, Silhi – Aye, and Mayor Andreatta – Aye: Resolution 2022-216 contract with Hinderliter De Llamas & Associates (HdL) to provide Business License Administration.
City of
Lincoln
User and Regulatory Fee Update
City Council Meeting | September 13, 2022
• Background
• Fundamentals and Terminology
• Recommendations
MEETING AGENDA
2 CLEARSOURCE PRESENTATION TO THE CITY OF LINCOLN
Background
• The City maintains a Master Fee Schedule identifying
applicable fees for various City services
• Fees are reviewed and updated periodically
• The City completed a comprehensive fee study in 2019
• Since that time fees have remained relatively unchanged
BACKGROUND
4 CLEARSOURCE PRESENTATION TO THE CITY OF LINCOLN
• Since 2019 regional cost inflation has increased by
12%
• Cities throughout the State face inflationary pressures for labor-related costs and other operating costs.
• Other services and supplies costs such as insurance
and utility costs continue to rise
BACKGROUND
5 CLEARSOURCE PRESENTATION TO THE CITY OF LINCOLN
• Staff anticipated making inflationary adjustments to
fees over the last several years, however, due to the
COVID-19 pandemic, fees were left unchanged for
2020 and 2021.
• For FY 22/23 staff recommends adjusting most
development and operational permit fees by 3.21%.
BACKGROUND
6 CLEARSOURCE PRESENTATION TO THE CITY OF LINCOLN
• Communities primarily use tax revenues to fund
services that provide general (community-wide)
benefit.
• Public works
• Public safety
• Park maintenance
• Communities use fees and charges (direct recovery)
to fund services that provide direct benefit.
• Plan Review
• Permitting
• Inspection
BACKGROUND
7 CLEARSOURCE PRESENTATION TO THE CITY OF LINCOLN
• Building Fees - construction permit processing, plan
check, and inspection
• Planning Fees - such as entitlement review and
review for compliance with zoning code
• Engineering Fees - such as engineering,
encroachment, and excavation review and inspection
• Non-Development Related Fees – such as
recreation fees, licensing, and permitting
TYPES OF FEES EXAMINED
• This update DOES
NOT examine taxes,
assessments, utility
rates, etc.
CLEARSOURCE PRESENTATION TO THE CITY OF LINCOLN8
Fundamentals and Terminology
• Ensure user and regulatory fees are set
according to the costs of service
• Enable more direct recovery of costs
incurred to serve private interests/benefit or
respond to individual actions
• Provide opportunity for relief to General
Fund
• Enable continuity of service levels by
improving cost recovery levels
MUNICIPAL FEES IN CALIFORNIA
• Why do Cities
Review Fees and
Charge Fees for
Services?
CLEARSOURCE PRESENTATION TO THE CITY OF LINCOLN10
• User fees must be linked to and not exceed
the estimated reasonable cost of service
• The full cost of service sets the maximum
limit of a cost-based fee
• Direct program costs for labor, services, and supplies • Facilities overhead
• Departmental administration
• Citywide administration and central support services
• Generally, fees from users of one program
may not be used to pay for costs incurred to
serve discounted users or users of a different
program
MUNICIPAL FEES IN CALIFORNIA
• The California State
Constitution, amended by
successive ballot measures,
establishes requirements for
governmental
service fees
• Common practices among
California cities provides
widely accepted
standards for meeting
Constitutional obligations
CLEARSOURCE PRESENTATION TO THE CITY OF LINCOLN11
COST OF SERVICE
• The cost of service sets the
maximum limit of a cost-based
fee. It includes:
• Direct program costs for
labor, services, and supplies
• Departmental administration
• Citywide administration and
central support services
CLEARSOURCE PRESENTATION TO THE CITY OF LINCOLN12
100%
0%
Cost Recovery Targeted
Hourly
Rate for
Personnel
Providing
Services
Time
Required
to
Perform
the
Service
Cost of
Servicex =
Fully Burdened
Hourly Rates:
• Direct and indirect
labor costs
• Services and supplies
• Agency overhead
Estimated or
Known Times for
Providing Services
Maximum Fee
Amount
COST RECOVERY
• The amount of a
program’s full cost of
service that is
supported by other
City revenue sources
CLEARSOURCE PRESENTATION TO THE CITY OF LINCOLN13
100%
0%
Cost Recovery Targeted
Full Cost
of Service
($)
Revenue
from
Current
Fee ($)
City Subsidy
Maximum Level of
Cost Recovery =
100%
Current Level of
Cost Recovery =
X%
Minimum Level of
Cost Recovery =
0%
Recommendations
• Proposed Changes
• Update most fees by 3.21%.
• CPI adjustment is based on the most recent annual change for all urban consumers (CPI-U) in the San Francisco-Oakland-Hayward region
• This adjustment is significantly less than the change in CPI of 12% since fees were last updated.
• Other refinements to schedule of fees to better align fees to services provided.
FEE SCHEDULE UPDATE FOR FY 2022/23
15 CLEARSOURCE PRESENTATION TO THE CITY OF LINCOLN
• The intent of these adjustments is to reflect the gradual increase of costs due to inflationary pressures.
Recalibration of these fees simply provides an offset of existing expenditures/needs rather than a source of
funding for expanded service levels, thus there is no net incremental revenue expected.
FISCAL IMPACT
16 CLEARSOURCE PRESENTATION TO THE CITY OF LINCOLN
• Staff recommends the City Council adopt a resolution
updating and establishing user and regulatory fees
• If adopted, fee changes are proposed to be effective
60 days after adoption
RECOMENDATION
17 CLEARSOURCE PRESENTATION TO THE CITY OF LINCOLN
Questions or Feedback
ACTION
SUMMARY
Sept.13, 2022
Regular
Meeting
August 23, 2022 Meeting Minutes
Constitution Week Proclamation
Warrants
2 nd Rd & Adopt Ordinance 1053B – Business License
Oak Tree Lane Improvements & Easements
Terra Cotta Public Water Line Easement
Terra Cotta Summary Vacation of Water Easement
Corp Yard Vehicle Wash Station CDS
NOC – 12 Bridges Village 1 Subdivision Improvements
Successor Agency ROPS 2022-2034
Utility Rate Studies Contract with Raftelis
Closed Lincoln Landfill Monitoring Contract with Atlas
Presentation CONSENT
ITEM -- -- -- 8A 8B 8C 8D 8E 8F 8F 8G 8H 8I 8J 8K -- -- -- -- RESO/ORD# -- -- -- -- P05 207 1053B 208 209 210 211 212 04S 213 214 -- -- -- -- Joiner -- -- -- 1 1 1 1 1 1 1 2 1 1 1 1 -- -- -- --
Karleskint -- -- -- Y Y Y Y Y Y Y Y Y Y Y Y -- -- -- -- Lauritsen -- -- -- Y Y Y Y Y Y Y Y Y Y Y Y -- -- -- --
Silhi -- -- -- 2 2 2 2 2 2 2 1 2 2 2 2 -- -- -- --
Mayor Andreatta -- -- -- Y Y Y Y Y Y Y Y Y Y Y Y -- -- -- --
ACTION
SUMMARY
Sept. 13, 2022
Regular
Meeting
Master Fee Schedule Changes & Regulatory Fee Update
1st Rd Ordinance 1054 – Pappas Development Agreement
1st Rd Ordinance 1055 – Tent Map Discretionary Extension
HDl Business License Contract
CSCDA PACE Program – La Quinta 657 Red Rock Rd.
Public Hearings General Business Info Items
ITEM 9A 9B 9C -- -- -- -- -- -- 10A 10B -- -- -- -- --
RESO/ORD# 215 1054B 1055B -- -- -- -- -- -- 216 217 -- -- -- -- -- Joiner Y 1 1 -- -- -- -- -- -- 2 Y -- -- -- -- --
Karleskint 1 Y 2 -- -- -- -- -- -- 1 2 -- -- -- -- --
Lauritsen 2 2 Y -- -- -- -- -- -- Y 1 -- -- -- -- --
Silhi Y Y Y -- -- -- -- -- -- Y Y -- -- -- -- --
Mayor Andreatta Y Y Y -- -- -- -- -- -- Y Y -- -- -- -- --