MINUTES
CITY OF LINCOLN CITY COUNCIL,
PUBLIC FINANCE AUTHORITY
and REDEVELOPMENT SUCCESSOR AGENCY
Regular Meeting
August 22, 2023
O
PEN SESSION MEETING
The meeting was conducted in person at City Hall, 600 6th Street, Lincoln, CA, and virtually on Zoom with a Live Stream on the City of Lincoln YouTube Channel and WAVE Channel 18.
1. C
ALL TO ORDER by Mayor Joiner at 6:03 PM.
2. R
OLL CALL: Councilmembers present: Holly Andreatta
Ben Brown
Dan Karleskint
William Lauritsen
Mayor Paul Joiner
Roll Call: 5 members present, 0 member absent, 0 members excused.
Staff members present: Sean Scully, City Manager
Kristine Mollenkopf, City Attorney
Matt Alves, Public Safety Chief
Leslie Tetley-Jodrey, Deputy City Clerk
Matt Medill, Public Works Director
Veronica Rodriguez, Human Resources Director
Gwen Scanlon, City Clerk
Travis Williams, Acting City Engineer (Consultant)
Efren Sanchez, Senior Planner
Rommel Pabalinas, Planning Manager
Angela Frost, Environmental Services Manager
V
arious City employees, consultants, and members of the public were also present in person and via teleconference.
3. R
EPORT FROM CLOSED SESSION – Mayor Joiner, stated there was no reportable ac
tion.
4. PL
EDGE OF ALLEGIANCE – Led by Paul Vose, a Lincoln resident.
5. A
GENDA MODIFICATIONS - None
6. PR
ESENTATIONS
6 .A. Placer County Transportation Planning Agency: Regional Transportation Plan and U
nmet Transit Needs Update.
P
CTPA (Placer County Transportation Planning Agency) Senior Transportation Planners, Cory Peterson and Mike Costa, gave a brief presentation, made a part of the minutes by a mention thereof, on the agency’s regional transportation plan, unmet transit needs process and the comprehensive operational analysis/short range transit plan.
M
ayor Joiner asked the City Council if they had any questions.
C
ouncilmember Brown asked if residents concerns impact the plan?
P
age 2 of 9
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August 22, 2023
M
ayor Joiner asked for clarification on unmet transit needs in particular bus service from Sheridan to South Placer and interconnecting services.
M
ike Costa, the Sr. Transportation Planner, stated that they take public input into consideration as well as compare against regional needs and work in conjunction with SACOG (Sacramento Area Council of Government) to address the needs of residents in all areas.) Mayor Joiner asked if any members of the public would like to speak on item.
1.) Mr. Garabedian, a Lincoln resident, expressed concern with taxes.
2. ) Paul Vose, a Lincoln resident, questioned where the funding comes from. 3 .) Melanie Borchardt, a Lincoln resident, requested a breakdown of funding.
Mayor Joiner responded stating that funding comes from multiple sources such as Federal dollars, sales and gas taxes amongst other funding sources.
7. PUBLIC COMMENT ON NON-AGENDA ITEMS
1.) Paul Vose, a Lincoln resident, commented on recent road repair projects and requested an update.
Sean Scully, City Manager, stated he’ll provide an update at the next City Council meeting on September 13, 2023.
2.) Doug Bungert, a Lincoln resident, spoke in opposition of the rate increases and expressed concern regarding the timing of the supplemental letter mailed to residents.
Mayor Joiner responded stating, that due to a recent change in the law, the City sent out a supplemental letter citing Government Code section 53759 and that the public hearing was held on August 8th, 2023, multiple community meetings were held to answer and inform the community, as well as numerous attempts were made to notice the information on social media, the City of Lincoln’s website and in the local newspaper.
Kristine Mollenkopf, City Attorney, echoed Mayor Joiner's statement and added that a resident
brought the matter to our attention. Furthermore, the City Attorney stated in her legal opinion, that the City has done our due process and added that the letter states the following:
“Pursuant to Government Code section 53759, the City is providing its utility rate customers with notice that any judicial action or proceeding to attack, review, set aside, void, validate, or annul an ordinance, resolution, or motion adopting a fee or charge for water or sewer service, or modifying or amending an existing fee or charge for water or sewer service, must be c
ommenced within 120 days of the effective date or of the date of the final passage, adoption, or approval of the ordinance, resolution, or motion, whichever is later.”
3.) Margaret Rivas, a Lincoln resident, expressed concern regarding the letter.
4.) Melanie Borchardt, a Lincoln resident, requested a traffic study near John Adams Academy on Bella Breeze Drive and expressed concern with the letter. Lastly, Melanie asked whether or not the City of Lincoln would be submitting a letter to the Placer County’s District Attorney in opposition to release a particular inmate.
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5.) Dawn Veltre, a Lincoln resident, thanked the City Attorney, Kristine Mollenkopf, for continued efforts in tackling the homeless issue near Gateway drive and then expressed concern with new fence’s height recently installed in the Auburn Ravine and Gateway drive. Lastly, she asked if the police department could enforce trespassing within the HOA (homeowner’s association.)
Mayor Joiner, based on Dawn’s question, asked Matt Alves, the Public Safety Chief, if the City required an agreement letter that needed to be on file prior to the Lincoln Police Department enforcing the no trespassing law.
Matt Alves, Public Safety Chief, stated that a letter on file is no longer needed unless it’s on private property, in the event the property owner lives far away etcetera.
8. CONSENT
Mayor Joiner asked if any members of the City Council or staff would like to pull any other items from the consent agenda. Councilmember Lauritsen requested to pull item 8.B., as well as multiple people in attendance and on Zoom.
Councilmember Andreatta motioned approval of the remaining items and the motion was seconded by Councilmember Karleskint. By the following Vote (Approved): Andreatta – Aye, Karleskint – Aye, Brown -Aye, Lauritsen – Aye and Mayor Joiner- Aye. The items approved were:
8.A. Approval of Minutes of August 8, 2023, Regular City Council meeting.
8.C. Waive full reading and adopt by title only ORDINANCE 1065B amending Lincoln Municipal Code Chapter 10.40 by adding Section 10.40.220 specifically authorizing the City to tow vehicles when in violation of parking regulations, and further finding the Ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”).
8.D. Adopt RESOLUTION 2023-147 authorizing the City Manager to execute a purchase order for $125,000 to procure 16 Scott Self-Contained Breathing Apparatus (SCBAs) for the Fire Department.
8.E. Adopt RESOLUTION 2023-148 authorizing the City Manager to agree and accept Grant Funding in the amount of $400,000 from SACOG’s Green Means Go Funding Program for the Downtown Lincoln Green Zone and for the City Manager to execute any and all necessary documents with accepting the grant funds.
8.F. Adopt RESOLUTION 2023-149 authorizing the Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) to be implemented for the McBean Park Drive Bridge Replacement Project, CIP 353.
8.G. Adopt RESOLUTION 2023-150 authorizing the City Manager to accept Capital Improvement Projects and Public Improvement Agreements within his/her signing authority as complete and authorize the City Clerk to file Notices of Completion with the Placer County Recorder.
8.H. Adopt RESOLUTION 2023-151 authorizing the City Manager to approve a contract for
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August 22, 2023
Interim City Engineer support with Coastland Civil Engineering, LLP (Coastland), in the amount not to exceed $192,000 for the 2023/24 fiscal year, ending upon appointment of a permanent, full-time City Engineer. This will bring the total contract amount to $561,000 since fiscal year 2020/2021.
8.I. Adopt RESOLUTION 2023-152 authorizing the City Manager to execute an Agreement with the Western Placer Unified School District for a School Resource Officer Program for FY 23/24 and 24/25.
8.J. Adopt RESOLUTION 2023-153 authorizing the City Manager to execute a Cooperative Agreement with the California Department of Forestry and Fire Protection (CALFIRE) for Wildland Fire Protection for the Village 1 Annexation Area for the 2023/24 fiscal year.
8.K. Adopt RESOLUTION 2023-154 approving the James Guertin Parcel Map to subdivide 657 Red Rock Road into two parcels, and authorizing the City Clerk to sign the Clerk’s Statement and record the Parcel Map.
8.L. Adopt RESOLUTION 2023-155 authorizing rejection of all bids for the Airport Oil/Water Separator Project (CIP 486), authorizing the City Engineer to release bid bonds and rebid the project upon FAA award of grant funding.
ITEMS PULLED FROM THE CONSENT AGENDA:
8.B. Waive full reading and adopt by title only ORDINANCE 1064B amending sections of Title 8 and Title 13 of the Lincoln Municipal Code, and further finding the Ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”).
Mayor Joiner asked Councilmember Lauritsen if he pulled the item so he could be consistent in his vote. Councilmember Lauritsen stated yes, he pulled the item as he expressed concern with raising rates and would like to discuss the item further.
Mayor Joiner asked if any members of the public would like to speak on the item.
1.) Joyce Melvin, asked for confirmation on the percentage of protests received.
2.) Margaret Rivas, a Lincoln resident, spoke in opposition of the rate increases and asked how for the total number of protests received.
3.) Rick Carreiro, a Lincoln resident, spoke in opposition of the rate increases.
4.) Mr. Garabedian, a Lincoln resident, expressed concern with the rate increase and asked about the pollution program.
5.) Lauren Eason, a Lincoln resident, questioned communication efforts, timing of the supplemental letter and expressed concern with whether or not the City acted in good faith efforts.
6.) Melanie Borchardt, a Lincoln resident, spoke in opposition of the rates as the increase doesn’t align with Cities mission statement posted online.
7.) Kimberly Adams, a Lincoln resident, spoke in opposition of the rate increase and stated she did not receive the mailer nor the supplemental letter.
8.) A Lincoln resident, no name given, spoke in opposition of the rate increase.
9.) A Lincoln resident, no name given, spoke in opposition of the rate increase.
10.) Fran Neves, a Lincoln resident, spoke in agreement with Councilmember Lauritsen, implored the rest of the City Council not to raise rates.
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11.) Nick Olivera, a Lincoln resident, stated he did not receive the mailer produced by the City and echo’s statements made earlier by fellow residents.
12.) A Lincoln resident, no name given, questioned the protest process versus voting.
13.) A Lincoln resident, no name given, questioned the rate increase, grand jury findings and wanted further information on the protests received.
14.) Barbara Saline, a Lincoln resident, commented that she didn’t realize she could submit a protest form.
15.) Mary O’Neal, a Lincoln resident, expressed concern with residents who may not be able to afford the new rate and spoke in opposition of the rate increase.
16.) Aiden Montero, a Lincoln resident, asked if the mailer was sent in other languages, specifically Spanish.
17.) A Lincoln resident, no name given, stated they didn’t know about the rate increase mailer.
18.) A Lincoln resident, no name given, expressed concern with the rate increase and for those who may not be able to afford it.
19.) Janet Alder, a Lincoln resident, asked if the original mailer could be sent out again.
20.) Olga, no last name given and a Lincoln resident, spoke out against the utility rate increases and stated the City could have communicated the utility rate increase better, but glad the City offers Zoom.
21.) A Lincoln resident, no name given, asked for the total numbers of utility rate increase notices sent out.
22.) Joanie Cubias, a Lincoln resident, asked if the protests were rejected if the APN (Assessor’s Parcel Number) was not on the form, and spoke in opposition of the rate increase and how it would affect real estate transactions.
23.) Lean Lebowski, a Lincoln resident, thanked the City for the communicating the utility rate increase information effectively and encouraged residents to become more involved.
24.) Matt Joyce, a Lincoln resident, questioned the delay in the supplemental letter, and asked if the City can increase developers’ fees to cover the increases.
In addition, to the above-mentioned speakers, the City Clerk’s office received an email from a resident opposing the water increase and an email regarding the supplemental letter citing Government Code section 53759. The comments are made apart of the minutes by a mention thereof.
Upon hearing no further comments, Mayor Joiner asked, City Manager, Sean Scully, to respond to public comments and he made the following response:
1.) The City held multiple public outreach meetings to answer and address questions. If the City doesn’t address the issue it will result in bankruptcy for the three enterprise funds (Water, Wastewater and Solid Waste).
2.) The City of Lincoln struggled to increase rates over a twenty-five-year span. The problem then compounds itself beyond the normal adjustment per the CIP, to keep pace as we oversee 250 miles of service line and $1B in infrastructure. Ultimately, the lack of a rate increase raises the potential cost to the customer. The City adopted and put in place a rate structure in early 2010 which was a tiered system, and was common across the state at that time. However, the tiered system was challenged in court and the court agreed that it was not in compliance with prop 218. The City of Lincoln was sued shortly after the court decision and settled that suit, rolled back rates, refunded and attempted to raise rates, at least once to address the underfunding. It’s our perspective that we have tried to come up with the base minimum amount we can request in order to address significant concerns and emergencies.
3.) The Proposition 218 process is not City dictated and was approved by the state's voters in
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November 1996. The intent of Proposition 218 is to ensure that all taxes and most charges on property owners are subject to voter approval.
4.) The detailed plan for expenditures is on the cities website and was included in the agenda packet, on our website, referenced in the studies that were mailed out and has very specific information on how those dollars are intended to be deployed on the capital improvement and the operational side.
5.) Grants do exist, but they are for specific projects. The City does pursue grants for all of our utilities, but it’s not a reasonable solution for right sizing the enterprise funds.
6.) 25,120 mailers were sent out, of those, there were 1,443 undeliverable mailers and 1,384 protests accounted for. The number of protests received is well below the majority vote that is needed.
With no further comments, Mayor Joiner called for a motion. Councilmember Karleskint motioned approval of ORDINANCE 1064B
and the motion was seconded by Councilmember
Andreatta. By the following Vote (Approved): Karleskint – Aye, Andreatta– Aye, Brown -Aye, Lauritsen – Nay and Mayor Joiner- Aye.
9. PUBLIC HEARINGS
9.A. (1) Conduct a public hearing; and (2) Waive first reading and adopt by title only an ORDINANCE 1066B repealing and replacing Lincoln Municipal Code Chapter 9.40 regarding camping on both private and public property, and further finding the Ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”).
Kristine Mollenkopf, City Attorney, stated, based on feedback given at the August 8th City Council meeting, revisions were made to the ordinance to include language to keep paraphernalia out of the creek and changes to signage.
Mayor Joiner opened and closed the public hearing at 8:31 p.m. with no further comment and asked if there were any questions or comments from council.
Councilmember discussion ensued. Hearing no further comment, Mayor Joiner called for a motion.
Councilmember Brown motioned approval of ORDINANCE 1066B and the motion was seconded by Councilmember Andreatta. By the following Vote (Approved): Brown – Aye, Andreatta –Aye, Karleskint – Aye, Lauritsen – Aye and Mayor Joiner – Aye.
10. GENERAL BUSINESS
10.A Adopt RESOLUTION 2023-156 resolution designating the City of Lincoln’s voting delegate and alternate(s) to the League of California Cities (Cal Cities) Annual Conference.
Gwen Scanlon, City Clerk, stated the League’s 2023 Annual Conference is scheduled for September 20 through 22, 2023 and will be held at the Sacramento Convention Center. An important part of the Annual Conference is the Annual Business Meeting in which the League’s membership considers and acts on resolutions that establish League policy. This year there are no proposed resolutions; however, there may be resolutions to consider this year if a petitioned resolution is brought forward at the conference.
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After Councilmember discussion the following Councilmembers will attend; 1.) Voting delegate- Mayor Paul Joiner, 2.) Alternative delegate- Ben Brown 3.) Alternative delegate- Holly Andreatta.
With no further comments and called for a motion. Councilmember Andreatta motioned approval of RESOLUTION 2023-156 and the motion was seconded by Councilmember Brown. By the following Vote (Approved): Andreatta – Aye, Brown – Aye, Karleskint-Aye, Lauritsen – Nay, and Mayor Joiner – Aye.
10.B. Adopt RESOLUTION 2023-157 authorizing the City Manager to Execute a License agreement with William Jessup University for Office Space at Lincoln Regional Airport.
Sean Scully, City Manager, gave a brief history on the partnership with Loo Y. Ng, Lt Col, USAF (Ret.) and the Lead Faculty, Aviation and AFROTC (Air Force Reserve Officer Training Corps) professor at William Jessup University who is interested in partnering with the City of Lincoln to lease office space at the airport to conduct aviation training for college students. Additionally, there has been a lot of engagement with the Airport Committee to see it thrive and grow economically.
Hearing no questions or comments from the City Council, Mayor Joiner asked if any members of the public would like to speak on the item.
1.) Melanie Borchardt, a Lincoln resident, expressed excitement for the economic growth and questioned whether or not the class room would be in the flight path.
Richard Pearl, City Treasurer, who is engrained with growing Lincoln Airport’s exposure, stated that the program would only be for enrolled William Jessup University students, classes are only held on Friday & Saturday and the flight education program will be under the control of certified flight instructors.
Sean Scully, City Manager, concurred, stating that the office space is located on Flight line Drive and not in the flight path. Furthermore, on a side note, the Airport Committee, in partnership with the FAA is looking into flipping the flight pattern.
With no further comments and called for a motion. Councilmember Andreatta motioned approval of RESOLUTION 2023-157 and the motion was seconded by Councilmember Brown. By the following Vote (Approved): Andreatta – Aye, Brown – Aye, Karleskint-Aye, Lauritsen – Aye, and Mayor Joiner – Aye.
10.C. Adopt RESOLUTION 2023-158 authorizing the City Manager to execute a License Agreement with William Jessup University for Softball Field 4 Use at Foskett Park in the amount of $15,000 annually for a 3-year term with an option to extend for one additional 2-year term.
Sean Scully, City Manager, gave a brief history on the partnership, with the sports program at William Jessup University, specifically the men’s baseball organization as they have partnered with the City of Lincoln to use, upgrade and host WSJ baseball games as well have been an integral part in securing and growing the wooden baseball collegiate team, Lincoln Potters. The Potters were reinstated in 2016. In addition, with multiple conversations with Brandon Bowling, the Deputy Directors of Athletics at WJU, they are excited to bring a women’s softball program to Lincoln specifically at the Foskett Regional Park. Within the agreement, there will specific veribage that speaks to improvement language, which party is responsible for mound repair versus irrigation and park maintenance.
Mayor Joiner asked if Council had any questions and or comments.
Councilmember Andreatta asked if William Jessup University will pay the fee up front.
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Sean Scully, City Manager, stated yes, William Jessup will pay the fee up front.
Mayor Joiner asked if there was any member of the public that would like to speak on this item.
1.) Brandon Bowling, the Deputy Directors of Athletics at WJU, expressed gratitude, excitement and is thrilled to continue the partnership with the City of Lincoln.
Councilmember Andretta expressed excitement for another opportunity to partner with William Jessup University.
Mayor Joiner stated he is proud of the partnership and glad William Jessup University is excited to grow the partnership.
With no further comments and called for a motion. Councilmember Andreatta motioned approval of RESOLUTION 2023-158 and the motion was seconded by Councilmember Brown. By the following Vote (Approved): Andreatta – Aye, Brown – Aye, Karleskint-Aye, Lauritsen – Aye, and Mayor Joiner – Aye.
10.D Consider adoption of the 2023-2028 Lincoln Economic Action Plan and direct the Economic Development Committee to move forward, in concert with the City Manager and oversight by the City Council, with implementation of the initiatives identified in the Lincoln Economic Action Plan.
Sean Scully, City Manager, thanked the Economic Development Committee for their commitment and continued engagement. The action plan is an attempt to address and prioritize a list of projects which include: Business Support and Job Creation, Revitalizing Downtown Lincoln and Marketing and Outreach.
Major EDC accomplishments over the past year include approval by City Council of the Lincoln Hotel Incentive Policy; supporting the City’s grant application to the Sacramento Area Council of Governments for a new Specific Plan for downtown and an Enhanced Infrastructure Financing District for downtown and the City-owned property adjacent to the Municipal Airport; and participation in the formulation of a regional plan for the allocation of funds from the State’s Community Economic Resilience Fund (CERF).
Mayor Joiner asked if Council had any questions and or comments.
Councilmember Andretta thanked the Economic Development Committee for the productivity and engagement.
Mayor Joiner, echoed Councilmember Andretta’s statement.
Mayor Joiner asked if there was any member of the public that would like to speak on this item.
1.) Joann Hilton, a Lincoln resident and Economic Development Committee member, added that the EDC would like to see the City hire a full-time Economic Development Director.
Upon hearing no further comment, the City Council anonymous agreed to adopt the 2023-2028 Lincoln Economic Action Plan.
10.E Consider staff’s report and analysis on the procurement portion of Senate Bill 1383 and provide staff with direction on how to proceed forward with compliance.
Angela Frost, Environmental Services Manager, provided a brief background on Senate Bill 1383, which is a statewide effort to reduce emissions of short-lived climate pollutants (SLCP), provided a presentation made a part of these minutes by a mention thereof and introduced Pa
ge 9 of 9
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Pioneer Energies, Legislative and Regulatory Manager, Kirstin Kolpitcke who briefed the City Council on the timelines, biomass credits and Pioneer Energies collaboration in securing a contract with Greenleaf.
The
first option is staff’s preferred approach and recommendation. In this option, the City would participate in a regional solution and partnership with FCC Environmental Services, LLC (FCC), the Western Placer Waste Management Authority’s (WPWMA) Landfill and Material Recovery Facility Operator, to achieve full compliance with compost sales through a Direct Service Provider (DSP) agreement. Jurisdictions can meet their procurement requirement by contracting with a DSP that uses recovered organic waste products, like compost or renewable natural gas, on behalf of the jurisdiction. These direct service providers may include waste haulers, landscape services, or transportation services.
Upon t
he conclusion of the presentation, councilmember discussion ensued.
Hearing no further comment the City Council anonymous agreed to move forward with staff’s recommendation with the understanding that staff will reevaluate to element risk.
11. CI
TY MANAGER REPORTS
Sean S
cully, City Manager, stated he didn’t have a report to provide; however, gave a brief update regarding the Airport Open House and Family Festival that will be held Saturday, August 26th. He then introduced Richard Pearl, the City Treasurer, who is spearheading the Airport Open House event. The event will feature a fly over from Beale Air Force Base, a hot air balloon ride, multiple classic cars, food, family activities and an opportunity for the public to tour the airport.
12. COUNCI
L INITIATED BUSINESS
Counc
ilmember Andreatta wanted to confirm the City of Lincoln was involved in submitting a letter to the Placer County District Attorney’s office regarding the potential release of a predator being released on transient status within Placer County.
Ma
yor Joiner confirmed a letter was drafted and signed by the City of Lincoln Rocklin and Roseville.
Counc
ilmember Karleskint requested to revisit the City of Lincoln’s Council’s Code of Conduct and Ethics policy at a future council meeting.
13 . COMMITTEE REPORTS
Ma
yor Joiner reported that SACOG (Sacramento Area Council of Government) met on August 17th, in Marysville to discuss solutions to address Yuba County's disinvested communities.
14. INFORMATION ITEMS
15. ADJOURNMENT- adjourned by Mayor Joiner at 9:48 pm
Submitted by Gwen Scanlon, City Clerk
From: G endolyn Scanlon
To: Leslie Tetley Jodrey
Subject: Fwd: Utility Rate Hike
Date: Monday August 28 2023 2:36:33 PM
Attachments: image001 ng
image003.png
image004.png
Not sure if you ve been included in these emails but we ll need to include Tracy s email in the minutes Sent from my iPhone
Begin forwarded message
From: Kristine Mollenkopf <[email protected]> Date: August 28, 2023 at 2 20 55 PM PDT
To: Nita Wracker <[email protected]>, Tracy Holt > Subject:
Re: Utility Rate Hike
Tracy,
I too am a little unclear about your question/concern. If you would like a copy of your email included in the City s minutes, we often receive comment that we include there at a resident s request. If you re asking about my statement, it was in response to questions posed during public comment on the pulled agenda item/ordinance second read. I haven t seen the minutes from the meeting yet (they are in progress) but assume something in there will reflect my comment. In fact, I ll make sure the clerk notes my comment in the minutes.
What is it you are looking for that we have the ability to do to make this right in your mind at this point? From: Nita Wracker <[email protected]>
Sent: Monday August 28 2023 1 20 47 PM
To: Tracy Holt >; Kristine Mollenkopf <[email protected]> Subject: RE Utility Rate Hike
I m sorry Tracy I wasn t at the meeting I m not sure what your question is.
Nita Wracker, MBA CPA
Finance Director
City of Lincoln
600 Sixth St
Lincoln, CA 95648
Cell: (530) 308-1250
Phone: (916) 434-3296
"The goal of a leader is to give no orders, leaders are to provide direction and intent and allow others to figure out what to do and how to get there." Captain (Ret ) David Marquet US Navy
WARNING This email and any attachments may contain private, confidential, and privileged material for the sole use of the intended recipient. Any unauthorized review, copying, or distr bution of this email (or any attachments) by other than the intended recipient is strictly proh bited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments.
From: Tracy Holt >
Sent: Monday August 28 2023 1 16 PM
To: Nita Wracker <[email protected]>; Kristine Mollenkopf <[email protected]> Subject: RE Utility Rate Hike
Huh?
It wasn't my email?
On Mon, Aug 28, 2023 at 1 06 PM, Nita Wracker
<[email protected]> wrote
Hi Tracy
I believe that s when I heard it.
Nita Wracker, MBA CPA
Finance Director
City of Lincoln
600 Sixth St.
Lincoln, CA 95648
Cell: (530) 308-1250
Phone: (916) 434-3296
<image001.png>
"The goal of a leader is to give no orders, leaders are to provide direction and intent and allow others to figure out what to do and how to get there." Captain (Ret.) David Marquet US Navy
WARNING This ema l and any attachments may contain private, confidential, and privileged material for the sole use of the intended recipient. Any unauthorized review, copying, or distribution of this email (or any attachments) by other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments.
From: Tracy Holt
Sent: Monday August 28 2023 1 03 PM
To: Kristine Mollenkopf <[email protected]>; Nita Wracker <[email protected]> Subject: RE Utility Rate Hike
Hi there
Appreciate the replies this morning.
I do realize the paper is the source here. I'm not looking for my name to be in the paper.
As you stated a "resident" if just fine.
Is the email I sent considered "during public comment"?
Thanks again.
Tracy
On Mon, Aug 28, 2023 at 9 51 AM, Kristine Mollenkopf
<[email protected]> wrote
I specifically referenced the fact it was brought to our attention by a resident during public comment.
From: Tracy Holt <
Sent: Sunday August 27 2023 10 57 AM
To: Nita Wracker <Nita Wracker@lincolnca gov>
Cc: Kristine Mollenkopf <[email protected]> Subject: RE Utility Rate Hike
Hi Nita
Thank you for the information.
I just read the article in the Lincoln News Messenger.
I'm really disappointed. No mention that a citizen of Lincoln made you aware of the missing statute of limitations.
Tracy
On Sun, Aug 27, 2023 at 9 30 AM, Nita Wracker
<[email protected]> wrote
Hi Tracy
Apologies for the delayed response I was out of the office. Unfortunately it is precisely because rates haven t been raised consistently that such a large increase is now needed in order to ensure the water funds has monies available to pay for operations and water supply.
I believe Sean answered your question about the PCWA funding agreement.
The monies that had been previously used for capital repair and replacement was from Fund 225 Source Water Connections. The monies in the fund are paid developers those funds should be used for future expansion not existing repairs and replacement.
Nita Wracker, MBA CPA
Finance Director
City of Lincoln
600 Sixth St.
Lincoln, CA 95648
Cell: (530) 308-1250
Phone: (916) 434-3296
<image001.png>
"The goal of a leader is to give no orders, leaders are to provide direction and intent and allow others to figure out what to do and how to get there." Captain (Ret.) David Marquet US Navy
WARNING This email and any attachments may contain private, confidential, and privileged material for the sole use of the intended recipient. Any unauthorized review, copying, or distribution of this email (or any attachments) by other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments.
From: Tracy Holt <
Sent: Friday August 18 2023 3 18 PM
To: Nita Wracker <[email protected]>
Cc: Kristine Mollenkopf <[email protected]> Subject: RE Utility Rate Hike
Hi Nita
Thanks for the message yesterday. I was out delivering groceries.
I will start by saying I am not against any rate increase. I do not agree that it should be all at once.
We were really given no choice. Even splitting over the next two years would make it easier to handle.
I am only speaking for myself. I know the city needs move forward and fix the issue. But the past mismanagement leads me to try and understand what has happened over the past 10 years or so as to why this rate jump is so extreme.
Going back to the Prop 218 and code 53759. My understanding in researching the change made by SB323 is that the statute of limitations of 120 days is to be on the 45 day notice. That did not happen.
I do have a question from the rate study information Q&A section on the city's website.
It's about the CIP portion of the water rate increase.
What was the funding source that was used and is no longer available?
And one more question please let me know who to direct it to if I should ask someone else.
The PCWA Ophir WaterTreatment Plant payment of $40 million from the City Council Report dated June 13th of this year.
It states that the money will come from "investments and securities.
I want to know where exactly this money came from.
Thank you for all the help.
Tracy Holt
On Fri, Aug 18, 2023 at 2 06 PM, Nita Wracker
<[email protected]> wrote
Hi Tracy
After discussion amongst staff we have decided to mail out a supplemental notice regarding Gov Code section 53759. This will be a notification of this code section and won t change the implementation date of the rates or any part of the process.
Additionally a message will appear on the next bill sent to account holders.
Nita Wracker, MBA CPA
Finance Director
City of Lincoln
600 Sixth St.
Lincoln CA 95648
Cell: (530) 308-1250
Phone: (916) 434-3296
<image001.png>
"The goal of a leader is to give no orders, leaders are to provide direction and intent and allow others to figure out what to do and how to get there." Captain (Ret.) David Marquet US Navy
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From
Sent: Thursday August 17 2023 1 57 PM
To: Nita Wracker <[email protected]>
Cc: Kristine Mollenkopf <[email protected]> Subject: RE Utility Rate Hike
Hi again
So the city is going to tell it's citizens that there is a statute of limitations in their monthly bill? After the statute already started?
I'm frustrated as you can tell.
Thanks for the information.
Tracy
On Tue, Aug 15, 2023 at 2 48 PM, Nita Wracker
<[email protected]> wrote
Hi Tracy
The below means that the statue of limitations would begin when the notice is mailed to account holders. I can t find any case law that requires the notice of Gove Code 53759 be mailed with the Prop 218 notice. The below appears to be a suggestion and from your own research it s a practice that some cities have adopted. But regardless the statue of limitation doesn t commence until after the final approval date for the City in this rate process final approval occurs on Aug 22nd.
There s nothing the City can do that would invalidate the statue of limitations indicated in Gov.Code 53759 and this code is very clear that the statue of limitation commences and is in effect for 120 days from the final approval of the ordinance. So by including this information in the next billing cycle the City will meet the requirements of this section of code.
Nita Wracker, MBA CPA
Finance Director
City of Lincoln
600 Sixth St.
Lincoln, CA 95648
Cell: (530) 308-1250
Phone: (916) 434-3296
<image001.png>
"The goal of a leader is to give no orders, leaders are to provide direction and intent and allow others to figure out what to do and how to get there." Captain (Ret.) David Marquet US Navy
WARNING This email and any attachments may contain private, confidential, and privileged material for the sole use of the intended recipient. Any unauthorized review, copying, or distribution of this email (or any attachments) by other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments.
From: Tracy Holt
Sent: Tuesday August 15 2023 2 33 PM
To: Nita Wracker <[email protected]>
Cc: Kristine Mollenkopf <[email protected]> Subject: RE Utility Rate Hike
Hi again
I am attaching a screenshot from CalCities.org
Also this is from one of many lawyer blogs I've read
BBKLAW.COM
SB 323 Specifics
With the enactment of SB 323, plaintiffs must bring a challenge to new or increased water or sewer rates within 120 days of the effective date or date of final passage, adoption, or approval of the ordinance or resolution adopting the water or sewer rate. Proposition 218 requires local agencies to mail a notice of proposed new or increased water or sewer rate to property owners and tenants directly responsible for the bill at least 45 days before the public hearing on the rate increases. In order to take advantage of SB 323’s statute of limitations for retail water or sewer rates, the notice must include a statement that there is a 120-day statute of limitations for challenging the rates. No such requirement applies to wholesale rates.
So many cities and agencies come up when I just search on Google showing they included the statement of the statute of limitations in the Prop 218 notice.
All I'm asking for is clarification.
I do appreciate your help.
Tracy Holt
On Tue, Aug 15, 2023 at 1 26 PM, Nita Wracker
<Nita Wracker@lincolnca gov> wrote
HI Tracy
That section doesn t state that the written notice must be provided in conjunction with the Prop 218 notice. I m not a lawyer either but it seems like this could be accomplished by adding this information to the monthly bills in the next bill run.
There s nothing that a municipal organization such as a city could do to negate this section of the code.
Nita Wracker, MBA CPA
Finance Director
City of Lincoln
600 Sixth St.
Lincoln CA 95648
Cell: (530) 308-1250
Phone: (916) 434-3296
<image001.png>
"The goal of a leader is to give no orders, leaders are to provide direction and intent and allow others to figure out what to do and how to get there." Captain (Ret.) David Marquet US Navy
WARNING This email and any attachments may contain private, confidential, and privileged material for the sole use of the intended recipient. Any unauthorized review, copying, or distribution of this ema l (or any attachments) by other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments.
From: Tracy Holt
Sent: Monday August 14 2023 9 36 PM
To: Nita Wracker <Nita Wracker@lincolnca gov>
Subject: RE Utility Rate Hike
Nita
I read the 53759 code and part (d) says that it was to be included on the written notice you already sent out.
If it's not included then it doesn't apply?
What is the statute of limitations then?
Thank you
Tracy Holt
On Mon, Aug 14, 2023 at 2 11 PM, Nita Wracker
<[email protected]> wrote
I Tracy
I definitely see you point here. I m thinking I may have language added to our Rates webpage about the 120 day statue of limitations. I m big on transparency.
Nita Wracker, MBA CPA
Finance Director
City of Lincoln
600 Sixth St.
Lincoln, CA 95648
Cell: (530) 308-1250
Phone: (916) 434-3296
<image001.png>
"The goal of a leader is to give no orders, leaders are to provide direction and intent and allow others to figure out what to do and how to get there." Captain (Ret.) David Marquet US Navy
WARNING This email and any attachments may contain private, confidential, and privileged material for the sole use of the intended recipient. Any unauthorized review, copying, or distr bution of this email (or any attachments) by other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments.
From: Tracy Holt <
Sent: Monday August 14 2023 1 54 PM
To: Nita Wracker <[email protected]>
Subject: RE Utility Rate Hike
Hi again
I'll start with saying I am not a lawyer I'm just a concerned citizen.
My understanding is that the code 53759 is there to protect the city from lawsuits way after the fact hence the 120 day statute if limitations.
I am continuing to research everything I can. If there is no time frame with the rates it allows citizens to do their due diligence without time constraints limited to 120 days.
I was just curious why the city didn't include it as I saw so many other cities did.
I do appreciate you getting back to me and helping me understand.
Thank you
Tracy Holt
On Mon, Aug 14, 2023 at 1 27 PM, Nita Wracker
<[email protected]> wrote
Hi Tracy
Thanks for getting back to me so quickly. I see the section you are referencing. The language is a bit tricky here Prop 218 is for an account holder (customer) protest referenced in the first paragraph. Gov Code section is the statute of limitations for challenging (as in a legal challenge or law suit) referenced in the second paragraph. I think including language about both is a bit confusing as customers might think they had 120 days to submit their protest ballot when they really have 45-days. But I ll make a note of this for our next rate study and we ll consider adding it.
Nita Wracker, MBA CPA
Finance Director
City of Lincoln
600 Sixth St.
Lincoln CA 95648
Cell: (530) 308-1250
Phone: (916) 434-3296
<image001.png>
"The goal of a leader is to give no orders, leaders are to provide direction and intent and allow others to figure out what to do and how to get there." Captain (Ret.) David Marquet US Navy
WARNING This ema l and any attachments may contain private, confidential, and privileged material for the sole use of the intended recipient. Any unauthorized review, copying, or distribution of this email (or any attachments) by other than the intended recipient is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments.
From: Tracy Holt <
Sent: Monday August 14 2023 12 38 PM
To: Nita Wracker <[email protected]>
Cc: Kristine Mollenkopf <[email protected]> Subject: Re Utility Rate Hike
Hi there
I found Roseville's utility rate increase as well as other California cities included the Statute of Limitations under the 53759 code.
Including
San Francisco Paso Robles Santa Barbara San Diego and more.
Attaching Roseville's for you.
It is included under their first section
Proposition 218 and Public Hearing.
Thank you for getting back to me.
Tracy Holt
On Mon, Aug 14, 2023 at 12 16 PM, Nita Wracker
<[email protected]> wrote
Hi Tracy
Thank you for reaching out. The government code section you reference is for the statue of limitation for a legal action regarding a change in water or sewer fees. The protest period is governed by Proposition 218. Prop 218 calls for a 45-day protest period that ends the date of the public hearing. For the City the protest period ended on Aug 8th the date of the public hearing. I'm struggling to find where this is referenced on Roseville's website if you're able to provide me a link I'd be interested to see it.
Nita Wracker MBA CPA
Finance Director
City of Lincoln
600 Sixth St.
Lincoln CA 95648
Cell (530) 308-1250
Phone (916) 434-3296
"The goal of a leader is to give no orders leaders are to provide direction and intent and allow others to figure out what to do and how to get there." Captain (Ret.) David Marquet US Navy
WARNING This email and any attachments may contain private confidential and privileged material for the sole use of the intended recipient. Any unauthorized review copying or distribution of this email (or any attachments) by other than the intended recipient is strictly prohibited. If you are not the intended recipient please contact the sender immediately and permanently delete the original and any copies of this email and any attachments.
-----Original Message-----
From Web Feedback <[email protected]
>
Sent Friday August 11 2023 2 49 PM
To Nita Wracker <[email protected]
>
Subject FW Utility Rate Hike
Can you answer their question?
Jen Riling
-----Original Message-----
From [email protected]
<[email protected]> On Behalf Of Tracy Holt
Sent Friday August 11 2023 1 49 PM
To Web Feedback <web-feedback@lincolnca gov
>
Subject Utility Rate Hike
Hello
I have been researching and trying to determine what the statute of limitations in protesting the rates now that the council voted to raise them.
If the City Lincoln has a reason to not include the California Government Code 53759 statute of limitations on the mailer that was sent?
I have included Roseville's rate increase information as an example.
Also the text of 53759.
Please let me know!
Tracy Holt
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