Agenda packet — Lincoln City Council, August 25, 2026 (part 1 of 2)

2026 REGULAR MEETING - CITY COUNCIL / LINCOLN REDEVELOPMENT SUCCESSOR AGENCY / LINCOLN PUBLIC FINANCING AUTHORITY*
August 25, 2026

CITY OF LINCOLN
2026 REGULAR MEETING - CITY COUNCIL /

LINCOLN REDEVELOPMENT SUCCESSOR AGENCY
/ LINCOLN PUBLIC FINANCING AUTHORITY*
August 25, 2026

AS A COURTESY, PLEASE TURN OFF ALL CELL PHONES & ELECTRONIC DEVICES DURING THE MEETING -COUNCIL MEETING AGENDA-
6:00 PM
Mayor Richard Pearl
Mayor Pro Tem Whitney Eklund Councilmember Holly Andreatta Councilmember Ben Brown Councilmember John Reedy City Hall (Extremely Limited Seating Capacity)
3rd Floor Council Chambers
600 Sixth Street
Lincoln, CA 95648
or attend via
ZOOM
register by using this link:
https://us06web.zoom.us/webinar/register/WN_L1sVeRjjSwaygN5OEfk5ew or participate by calling US: +1 (669) 900-6833
use ID #842 1355 6096
and use *9 to raise hand to speak
600 Sixth Street
◆
Lincoln, CA 95648
◆

www.lincolnca.gov

◆
916-434-2400 1

1. CLOSED SESSION - 4:00pm

EXECUTIVE TEAM

Sean Scully, City Manager
Doug White, Special Counsel
Nita Wracker, Asst. City Manager / Finance Director
Matt Alves, Police Chief
Jennifer Brown, Chief Innovation & Tech. Officer
Vin Cay, City Engineer
Erin Frye, Econ. Dev. & Communication Specialist
Kathryn Hunt, Library Services Director
Hope Ithurburn, City Clerk
Matthew Medill, Public Works Director
Veronica Rodriguez, Human Resources Director
Anthony Mejia, Fire Chief
MISSION STATEMENT:

To provide the highest level of service responsive to our community’s expectations and to enhance the quality of life and economic vitality.

THE FOLLOWING INFORMATION IS PROVIDED TO ASSIST WITH PUBLIC PARTICIPATION:

Americans with Disabilities Act (ADA):

In compliance with the ADA, if you need special assistance to participate in this meeting or other services in conjunction with this meeting, please contact the City Clerk’s Office at (916) 434-2490. The meeting room is wheelchair accessible and disabled parking is available. Notification at least 48 hours prior to the meeting or time when services are needed will assist City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting or service.

Agenda Availability:

The main posting location of the City Council Agenda pursuant to the Brown Act, Government Code § 54954.2(a) is on the public kiosk outside the entrance of City Hall, 600 6th Street, Lincoln, California. City Council Agenda Packets are available for review at the City Clerk’s Office, 600 6th Street, Lincoln, California, and “Live and Archived” meetings, minutes and videos are available on the City’s website at www.Lincolnca.gov. City Council Meetings are televised live 6:00PM on Cable channel 18.

Public Input:

Persons wishing to address the City Council are asked to voluntarily complete and submit a speaker card to City staff. Speaker cards are available near the entrance of the meeting location. Persons wishing to address the City Council on an item appearing on this agenda will be called upon at the appropriate time during the item’s consideration. Persons wishing to address the City Council on an item not appearing on the agenda will be called upon during “Public Comment on Non-Agenda Items.” In either case, please stand to be recognized by the Mayor when your name is called. Please note:
comments from the audience without coming to the podium may be disregarded or ruled out of order. All speakers' time will be limited to three (3) minutes, unless extended by the Mayor. All comments or questions should be addressed to the Mayor and in most cases, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda, but may engage in brief discussion, provide direction to City staff, or schedule items for future meetings.

Special Meeting Public Input:

Only issues listed on a special meeting agenda may be addressed pursuant to the Brown Act’s regulation of Special Meetings.

Consent Agenda
: All matters on the Consent Agenda are considered routine business and will be enacted by one motion.

There will be no separate discussion of these items unless a member of the City Council requests a specific item be removed from the Consent Agenda for separate action. Any items removed will be considered after the remainder of the Consent Agenda.

Judicial Review
: Pursuant to applicable laws and regulations, including without limitation, California Government Code § 65009 and/or California Public Resources Code § 21177, if you wish to challenge in court any of the decisions made by the City Council, including any action regarding planning, zoning or environmental decisions, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

1.A

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code §54956.9
Name of Case: (City of Lincoln v. The Gathering Inn, et al., Placer Superior Court Case No. S- CV-0053711)

1.B

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code §54956.9
Name of Case: (Lawyer v. County of Placer et al., Placer County Superior Court Case No. S- CV0055639)

1.C

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
600 Sixth Street
◆
Lincoln, CA 95648
◆

www.lincolnca.gov

◆
916-434-2400 2

2. CALL TO ORDER

3. ROLL CALL

4. PUBLIC COMMENT (CLOSED SESSION AGENDA ITEMS ONLY)

5. CALL TO ORDER

6. ROLL CALL

7. PLEDGE OF ALLEGIANCE

8. REPORT FROM CLOSED SESSION (if any)

9. AGENDA MODIFICATIONS

10. PRESENTATIONS

11. PUBLIC COMMENT ON NON-AGENDA ITEMS WITHIN THE SUBJECT MATTER JURISDICTION OF THE COUNCIL *
All speakers' time will be limited to three (3)
minutes, unless extended by the Mayor. All comments or questions should be addressed to the Mayor and in most cases, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda, but may engage in brief discussion, provide direction to City staff, or schedule items for future meetings.

12. CONSENT
Initiation of litigation pursuant to Government Code §54956.9(d)(4): Two (2) potential case

1.D

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code §54956.9
Name of Case: (Khachadourian v. Cook, et al., Placer County Superior Court Case No. S-CV- 0051202)

1.E

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code, § 54956.8)
Property: APN 021-321-083
Agency Negotiator: Nita Wracker, Assistant City Manager Negotiating Parties:

EAH Housing/Kids First
Under Negotiations: Price, terms of payment or both

GENERAL SESSION - 6:00pm

INSPIRATION OR INVOCATION

10.A
Recognition of Lincoln Youth Global Disc Golf Champions

12.A
Approval of Meeting Minutes of July 28, 2026 Regular City Council Meeting. (Hope Ithurburn)

12.B
Approval of Meeting Minutes of August 11, 2026 Regular City Council Meeting. (Hope Ithurburn)

12.C
Adopt a Resolution to Accept the Grant Deeds for Open Space Lots 7 and 8 within 600 Sixth Street
◆
Lincoln, CA 95648
◆

www.lincolnca.gov

◆
916-434-2400 3

13. INFORMATION ITEMS AND DISCLOSURES

14. PUBLIC HEARINGS

15. GENERAL BUSINESS

16. CITY MANAGER REPORTS

17. COUNCIL INITIATED BUSINESS

18. COMMITTEE REPORTS

19. ADJOURNMENT
the Meadowlands Project. (Michelle Scoma)

12.D
Adopt Two Resolutions:1) Approving Annexation No. 30 (Peery Property Phase 2) into the City of Lincoln Community Facilities District No. 2018-1 (City Maintenance Services) 2) Approving Annexation No. 18 (Peery Property Phase 2) into the City of Lincoln Community Facilities District No. 2018-2 (Public Services). (Michael Durkee)

12.E
Adopt a Resolution Authorizing the City Manager to Execute First Amendment to Option and Tower Structure License Agreement with New Cingular Wireless PCS, LLC extending the agreement an additional twelve (12) months. (Nita Wracker)

12.F
Adopt a Resolution Designating Councilmember Holly Andreatta as the City of Lincoln's Voting Delegate and Councilmember Ben Brown as the Alternate at the League of California Cities (Cal Cities) 2026 Annual Conference. (Hope Ithurburn)

12.G
Adopt a Resolution Accepting the Police Department Parking Lot Expansion Capital Improvement Project (CIP) 626 as Complete and Authorizing the City Clerk to File the Notice of Completion with the Placer County Recorder. (Jonnelyn Espartero)

12.H
Adopt a Resolution Approving the Reclassification of a Senior Civil Engineer Position to Engineering Manager in the Engineering Department. (Veronica Rodriguez)

15.A
Authorizing the Issuance of a Response to the Placer County Grand Jury (PCGJ) 2025-2026 Report titled "Public Communication by Placer County Cities - Correctable Deficiencies" (Sean Scully)

15.B
Adopt a Resolution Authorizing the City Manager or Designee to Enter into a Pledge Agreement and Amendment to the School Facilities Agreement Between the City of Lincoln, Lincoln Land Holding, Western Placer Unified School District and the South Placer Regional Transportation Authority for the Deferral of up to 50% of Tier II SPRTA Development Fees. (Nita Wracker)

15.C
Adopt a Resolution Approving the Reclassification of the Police Department's Public Safety Director Position to Police Chief and Adopt the Revised Police Chief Salary Schedule. (Veronica Rodriguez)

600 Sixth Street
◆
Lincoln, CA 95648
◆

www.lincolnca.gov

◆
916-434-2400 4
NOTE:

Materials related to an item on this Agenda submitted to the Council/Redevelopment Successor Agency after distribution of the agenda packet are available for public inspection in the City Clerk's office at 600 Sixth Street, Lincoln, CA during normal business hours. Such documents are also available on the City of Lincoln's website at
https://www.lincolnca.gov/
subject to staff's availability to
post the documents before the meeting.

In compliance with the American with Disabilities Act, the City will provide special assistance for disabled members of the public. The meeting room is wheelchair accessible and disabled parking is available. If you have a disability and need a disability-related modification or accommodation to participate in the meeting, please contact the City Clerk's Office at (916) 434-2490. As a courtesy, please make every effort to inform the Clerk of your needs at least 24 hours prior to the meeting so the City may make reasonable arrangements to ensure accessibility to this meeting.

Pursuant to applicable laws and regulations, including without limitation, California Government Code Section 65009 and/or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (including any action regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

Levine Act Provisions --
The Levine Act requires a party (or the party's agent(s)) to a proceeding before the City of Lincoln that involves any action or consideration to their contract, license, permit, or other entitlement for use, to disclose any campaign contribution made to City elected or appointed officer totaling more than $500 within the 12 months before the City decision. This includes contributions to Councilmembers, Planning Commissioners and members of other City boards and commissions.
600 Sixth Street
◆
Lincoln, CA 95648
◆

www.lincolnca.gov

◆
916-434-2400 5
SUBJECT:

Recognition of Lincoln Youth Global Disc Golf Champions SUBMITTED BY:

City Clerk
DEPARTMENT:

City Manager's Office
DATE:

August 25, 2026

Item Number 10.A

STAFF REPORT
6 SUBJECT:

Approval of Meeting Minutes of July 28, 2026 Regular City Council Meeting. (Hope Ithurburn)
SUBMITTED BY:

City Clerk
DEPARTMENT:

City Clerk's Office
DATE:

August 25, 2026

Item Number 12.A

ATTACHMENTS:

1.DRAFT - MEETING MINUTES, 7.28.2026.docx

STAFF REPORT
7 MINUTES

CITY OF LINCOLN CITY COUNCIL,

PUBLIC FINANCE AUTHORITY
and REDEVELOPMENT SUCCESSOR AGENCY
Regular Meeting
July 28, 2026

1. CLOSED SESSION MEETING – 5:00pm

1.A CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:

Pursuant to Government Code §54956.9
Name of Case: (City of Lincoln v. The Gathering Inn, et al., Placer Superior Court Case No. SCV- 0053711)

1.B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code §54956.9(d)(4): One (1) potential case

1.C PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code §54954.5) Title: Interim City Attorney

2. CALL TO ORDER - The meeting was called to order by Mayor Pearl at 5:03pm at City Hall, 600 6 th Street, Lincoln, CA in the Council Chambers and offered virtually on Zoom with a Live Stream on the City of Lincoln YouTube Channel and WAVE Channel 18. Closed session was held in the 3rd floor conference room.

3. ROLL CALL Councilmembers present:

Mayor Richard Pearl
Holly Andreatta
Ben Brown
Whitney Eklund
John Reedy

4. PUBLIC COMMENT ON CLOSED SESSION
The following provided public comment:

Sela Greenhouse, Lincoln resident

Council recessed to Closed Session at 5:13pm.

GENERAL SESSION – 6:00pm
The meeting was conducted in person at City Hall, 600 6 th Street, Lincoln, CA, and virtually on Zoom with a Live Stream on the City of Lincoln YouTube Channel and WAVE Channel 18.

5. CALL TO ORDER by Mayor Pearl at 6:09pm.

6. ROLL CALL: Councilmembers present: Mayor Richard Pearl Holly Andreatta
Ben Brown

Page 2 of 7 ends

City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
July 28, 2026
Whitney Eklund
John Reedy

7. REPORT FROM CLOSED SESSION (if applicable) – no report able action, direction was provided to staff.

8. PLEDGE OF ALLEGIANCE – led by Tony Frayji.

9. AGENDA MODIFICATIONS

Mayor Pearl noted that City Manager comments will take place following public comments. Nita Wracker, Assistant City Manager noted modifications were made to Agenda Item 14.A and 14.B.

10. PRESENTATIONS

10.A Firefighters Burn Institute Fill the Boot Plaque Presentation.

Joe Pick with the Firefighters Burn Institute presented to Council.

10.B Community Calendar Presentation.

Jennifer Brown, Chief Innovation & Technology Officer presented to Council.

The following provided public comment:

Sela Greenhouse, Lincoln resident via Zoom

11. INFORMATION ITEMS AND DISCLOSURES - none.

12. PUBLIC COMMENT ON NON -AGENDA ITEMS WITHIN THE SUBJECT MATTER

JURISDICTION OF THE COUNCIL

The following provided public comment:

Stan Nader, Lincoln resident
David Peterson, Lincoln resident
Sierra Grimes, Lincoln resident
Shanti Landon, Placer County Board of Supervisor
Sela Greenhouse, Lincoln resident via Zoom

Following public comments, City Manager Scully introduced a promotional video highlighting the recent amendment to the Police Department’s uniform policy which now includes cowboy hats.

13. CONSENT

Mayor Pearl asked if any members of Council or staff would like to pull any items from the consent agenda. Councilmember Brown requested Agenda Item 13.L be pulled.

13.A Receive and File the City of Lincoln Quarterly Treasurer's Report. 9

Page 3 of 7 ends

City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
July 28, 2026

13.B Adopt Resolution 2026-115 Creating CIP T254 - SCADA Refresh and Upgrade; Authorizing the City Manager to Execute a Contract for Services with AIC for the Server Refresh, Cyber Hardening, and Upgrade of the SCADA System for Water and Wastewater in an Amount Not to Exceed $173.778.00, Including a 10% Contingency; and Authorizing a Budget Augmentation in the Amount of $253,778.00.

13.C Adopt Resolution 2026-116 Authorizing the City Manager or Designee to Accept a Grant Award from Department of California Highway Patrol Cannabis Tax F und Grant Program.

13.D Adopt Resolution 2026-117 Authorizing the City Manager or Designee to Accept a $50,000 Grant from the California Office of Traffic Safety for the 2026 Police Traffic Services Grant Program, Selective Traffic Enforcement Program (STEP).

13.E Adopt Resolution 2026-118 Authorizing the City Manager to Accept the Dedication of a Public Water Meter Easement from Pappas Arizona, LP for Infrastructure within the Twelve Bridges Arco Project.

13.F Adopt Resolution 2026-119 Authorizing the City Manager to Accept the Dedication of a Slope Easement from Western Placer Unified School District (WPUSD) within the Education Foundation Project.

13.G Adopt Resolution 2026-120 Authorizing the City Manager to Execute a Public Facilities Element Fee Credit Agreement with Elliott Homes, Inc. for Tran sportation and Water PFE Facilities Associated with the Turkey Creek Estates project.

13.H Adopt Resolution 2026-121 Authorizing the City Manager to Execute a Public Facilities Element Fee Credit Agreement with Taylor Morrison of California, LLC for Transportation, Wastewater, and Water PFE Facilities Associated with the Esplanade Project.

13.I Adopt Resolution 2026-122 Authorizing the City Manager to Enter into Agreements with Vendors and Encumber Funds for Authorized Expenditures to Provide Goods a nd/or Services as Funded in the 2026/27 Budget.

13.J Adopt Resolution 2026-123 Rescinding Resolution 2026 -086 and adopting a Resolution Requesting the Auditor -Controller of Placer County to Attach for Collection on the County Tax Rolls, Those Taxes, Asses sments, Fees and/or Charges for Community Facilities District Nos. 2004 -1, 2004-2, 2018-1, and 2018 -2 Special Taxes for Fiscal Year 2026/2027.
10

Page 4 of 7 ends

City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
July 28, 2026

13.K Adopt Resolution 2026-124 Rescinding Resolution 2026-087 and Adopt a Resolution Requesting Placer County Collect the Charges for the Following Districts on the Fiscal Year 2026-27 Property Tax Roll: Community Facilities District Nos. 1998-1, 2006-1 Improvement Area 1, 2006-1 Improvement Area 2, 2003-1 Series 2018, 2005-1 Sorrento Project, 2010-1; 2019-1 Independence at Lincoln; 2025 -1 Joiner Ranch East; Foskett Ranch Assessment District No. 2004 -3; Twelve Bridges Assessment District Nos. 1995 -1 Series 1999, and 1995-1 Series 2001 Special Taxes on Placer County Property Tax Roll.

13.L *Pulled.

Mayor Pearl called for a motion of approval of items 13.A – 13.K. Councilmember Andreatta motioned to approve, motion was seconded by Councilmember Brown. Passed by the following voice vote:

Ayes: Andreatta, Brown, Eklund, Pearl, Reedy
Noes: None

Absent: None
Abstain: None

13.L Adopt Resolution 2026-125 Supporting the Nomination of Census Tract 06061021403 for Designation Under Federal Opportunity Zone 2.0 Program.

Nita Wracker, Assistant City Manager presented the item to Council with Daniella Stepek, Economic Specialist also providing comments.

Mayor Pearl called for a motion of approval. Councilmember Brown motioned to approve, motion was seconded by Councilmember Andreatta. Passed by the following voice vote:

Ayes: Andreatta, Brown, Eklund, Pearl, Reedy
Noes: None

Absent: None
Abstain: None

14. PUBLIC HEARINGS

14.A Windsor Cove Project

1. Determine that the Project is Exempt from the California Environmental Quality Act (CEQA).

2. Consider Waiving First Reading and Introduce by Title Only an Ordinance Amending the Village 5 General Development Plan.

3. Adopt Resolution 2026-126 Approving the Windsor Cove Large Lot Tentative Subdivision Map.

Page 5 of 7 ends

City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
July 28, 2026

4. Adopt Resolution 2026-127 Approving the Windsor Cove Small Lot Tentative Subdivision Map.

The following provided public comment:

Tony Frayji, Frayji Design Group
Taja Mann, Lincoln resident
Sela Greenhouse, Lincoln resident via Zoom

Mayor Pearl called for a motion of approval. Councilmember Reedy motioned to approve Items 1 – 4 noting the revision of Item 2 as stated for the record. Motion was seconded by Mayor Pro Tem Eklund. Passed by the following voice vote:

Ayes: Andreatta, Brown, Eklund, Pearl, Reedy
Noes: None

Absent: None
Abstain: None

14.B Village 7B Amendments Project

1. Adopt Resolution 2026-128 for the Proposed Addendum and Updated Mitigation Monitoring Plans (MMPs) for the Certified 2010 Village 7 Specific Plan.

Environmental Impact Report (EIR) (SCH No. 2005062001) and the 2017 Village 5 Specific Plan EIR (SCH No. 2014052071).

2. Adopt Resolution 2026-129 Approving of the Village 7 Specific Plan Amendment.

3. Adopt Resolution 2026-130 Approving of the Village 5 Specific Plan Amendment.

4. Consider Waiving First Reading and Introduce by Title Only an Ordinance Amending the Village 7 General Development Plan.

5. Consider Waiving First Reading and Introduce by Title Only an Ordinance Amending the Village 5 General Development Plan.

6. Adopt Resolution 2026-131 Authorizing the Submittal of an Application to the Placer County Local Area Formation Commission (LAFCO) for the Formal Annexation of a Portion of the Adopted Village 5 Specific Plan Area and a Portion of the Adopted Village 7 Specific Plan area.

Mikaela Noble, Associate Planner presented the agenda item and introduced Nick Pappani from Raney Consultants who also presented to Council.

Councilmember Brown left the dais at 7:39pm and returned at 7:41pm.

The following provided public comment:

Phil Rodriguez, Lewis Group
Sela Greenhouse, Lincoln resident via Zoom
12

Page 6 of 7 ends

City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
July 28, 2026

Mayor Pearl called for a motion of approval. Councilmember Andreatta motioned to approve (noting the revision to Exhibit A), motion was seconded by Mayor Pro Tem Eklund. Passed by the following voice vote:

Ayes: Andreatta, Brown, Eklund, Pearl, Reedy
Noes: None

Absent: None
Abstain: None

15. GENERAL BUSINESS

15.A Adopt the Lincoln Economic Development Action Plan 2030.

Daniella Stepek, Economic Development Specialist presented to Council with a lengthy discussion following.

Councilmember Andreatta left the dais at 7:53pm and returned at 7:55pm.

The following provided public comment:

Stan Nader, Lincoln resident
Sela Greenhouse, Lincoln resident via Zoom

Mayor Pearl called for a motion of approval. Mayor Pro Tem Eklund motioned to approve, motion was seconded by Councilmember Reedy. Passed by the following voice vote:

Ayes: Andreatta, Brown, Eklund, Pearl, Reedy
Noes: None

Absent: None
Abstain: None

15.B Sewer Master Plan Update.

Engineering Manager, Araceli Cazarez presented to Council with a lengthy discussion following.

The following provided public comment:

Sela Greenhouse, Lincoln resident via Zoom

16. CITY MANAGER REPORTS

Manager Scully reported that the following items will be presented to Council at an upcoming City Council meeting: airport operational management, AI policy, Chatbot, and cell phone towers.

17. COUNCIL INITIATED BUSINESS
Councilmember Andreatta reminded all of an upcoming Sacramento Valley’s Cal ifornia Cities meeting. Mayor Pro Tem Eklund inquired as to a future commercial cannabis discussion and expressed appreciation to staff for the upcoming cell phone tower discussion.

Page 7 of 7 ends

City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
July 28, 2026

18. COMMITTEE REPORTS
Councilmember Andreatta reported on an upcoming Greater Sacramento Economic Co uncil (GSEC) meeting. Mayor Pearl reported on a recently attended Airport Committee meeting and a Pioneer Community Energy meeting.

19. ADJOURNMENT

The meeting was adjourned at 9:11pm to the Regular City Council meeting on August 11, 2026, at 6:00pm in the Council Chambers, 600 6th Street, Lincoln.

Respectfully submitted by Hope Ithurburn, City Clerk

________________________________________
Hope Ithurburn, City Clerk
14 SUBJECT:

Approval of Meeting Minutes of August 11, 2026 Regular City Council Meeting. (Hope Ithurburn)
SUBMITTED BY:

City Clerk
DEPARTMENT:

City Clerk's Office
DATE:

August 25, 2026

Item Number 12.B

ATTACHMENTS:

FINAL - DRAFT - MEETING MINUTES, 8.11.2026.docx

STAFF REPORT
15 MINUTES

CITY OF LINCOLN CITY COUNCIL,

PUBLIC FINANCE AUTHORITY
and REDEVELOPMENT SUCCESSOR AGENCY
Regular Meeting
August 11, 2026

1. CLOSED SESSION MEETING – 5:00pm

1.A CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:

Pursuant to Government Code §54956.9
Name of Case: (City of Lincoln v. The Gathering Inn, et al., Placer Superior Court Case No. SCV- 0053711)

1.B CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code, § 54956.8) Property: APN 021-321-083
Agency Negotiator: Nita Wracker, Assistant City Manager Negotiating Parties: EAH Housing
Under Negotiations: Price, terms of payment or both

1.C CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code §54956.9
Name of Case: (Khachadourian v. Cook, et al., Placer County Superior Court Case No. S-CV- 0051202)

2. CALL TO ORDER - The meeting was called to order by Mayor Pearl at 5:04pm at City Hall, 600 6 th Street, Lincoln, CA in the Council Chambers and offered virtually on Zoom with a Live Stream on the City of Lincoln YouTube Channel and WAVE Channel 18. Closed session was held in the 3rd floor conference room.

3. ROLL CALL Councilmembers present:

Mayor Richard Pearl
Holly Andreatta
Ben Brown
Whitney Eklund
John Reedy

4. PUBLIC COMMENT ON CLOSED SESSION – none.

Council recessed to Closed Session at 5:05pm.

5. CALL TO ORDER by Mayor Pearl at 6:10pm.

6. ROLL CALL: Councilmembers present: Mayor Richard Pearl Holly Andreatta
Ben Brown
Whitney Eklund
John Reedy

Page 2 of 4 ends

City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
August 11, 2026

7. REPORT FROM CLOSED SESSION (if applicable) – no report able action, direction was provided to staff.

8. PLEDGE OF ALLEGIANCE – led by David Peterson.

9. AGENDA MODIFICATIONS
Request for item 10.A to be presented at the August 25th meeting and item 13.C was pulled and will be presented at a future meeting.

10. PRESENTATIONS

10.A Recognition of Lincoln Youth Global Disc Golf Champions.

To be presented at the August 25th meeting.

10.B CivicBot Presentation.

Chief Innovation & Technology Officer Jennifer Brown introduced Papantzin Cid -Kochis, GIS Analyst II who presented to Council with a lengthy discussion following.

11. INFORMATION ITEMS AND DISCLOSURES

Councilmember Brown reported positive feedback from Lincoln Servies regarding the newly developed community calendar . Councilmember Andreatta reported on a recently attended Sacramento Valley League of California Cities meeting and the recent Bike Park opening. City Manager Scully provided an update on the bear wandering through the neighboring communities.

12. PUBLIC COMMENT ON NON -AGENDA ITEMS WITHIN THE SUBJECT MATTER

JURISDICTION OF THE COUNCIL

The following provided public comment:

Dennis Zaro, Lincoln resident
Evan Faddis, Lincoln resident
Stan Nader, Lincoln resident
Fran Neves, Lincoln resident via Zoom

13. CONSENT

Mayor Pearl asked if any members of the City Council or staff would like to pull any items from the consent agenda; none were pulled.

13.A Adopt Resolution 2026-133 Authorizing the City Manager to Execute a Contract for Construction with M-3 Construction, Inc. in the Amount of $184,000 for the Beermann Plaza Trash Enclosure Project and Authorizing the City Engineer to Approve Change Orders Not to Exceed $36,800.

13.B Adopt Resolution 2026-134 Augmenting Revenue Accounts to Reflect the California Library Literacy Services Grant Award Received by the Library for a Total Award Amount of $38,076.00.
17

Page 3 of 4 ends

City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
August 11, 2026

13.C *PULLED – to be presented at a future meeting. Adopt a Resolution Authorizing the City Manager to Execute First Amendment to Option and Tower Structure License Agreement with New Cingular Wireless extending the agreement an additional twelve (12) months.

13.D Waive Full Reading and Adopt by Title Only ORDINANCE 1108B Amending the Village 7 General Development Plan and Waive Full Reading and Adopt by Title Only ORDINANCE 1109B Amending the Village 5 General Development Plan for the Village 7B Amendments Project.

13.E Waive Full Reading and Adopt by Title Only ORDINANCE 1110B Amending the Village 5 General Development Plan for the Windsor Cove Project.

Mayor Pearl opened public comment; there were no public comments.

Mayor Pearl called for a motion of approval. Councilmember Brown motioned to approve, motion was seconded by Councilmember Andreatta. Passed by the following voice vote:

Ayes: Andreatta, Brown, Eklund, Pearl, Reedy
Noes: None

Absent: None
Abstain: None

14. PUBLIC HEARINGS – none.

15. GENERAL BUSINESS

15.A Adopt Resolution 2026-135 Approving a Fixed Base Operator and Airport Management Services Agreement with KT Aero CA LLC for Lincoln Regional Airport - Karl Harder Field, Authorizing the City Manager to Execute the Agreement, and Approving Budget Augmentations in the Amounts of $165,000 in FY 2025/26 and $336,250 in FY 2026/27 for the Airport Fund (7500).

Public Works Director Matt Medill introduced the item to Council with Diego Duran of KT Aero providing comments; a lengthy discussion followed . Medill noted several revisions made to the agenda item and related documents with copies of the updated documents provided to the Council and public.

Mayor Pearl opened public comment with the following providing public comment:

Fran Neves, Lincoln resident via Zoom

Mayor Pearl called for a motion of approval. Councilmember Reedy motioned to approve, motion was seconded by Councilmember Andreatta. Passed by the following voice vote:

Page 4 of 4 ends

City Council, Public Finance Authority and
Redevelopment Successor Agency
Regular Meeting Minutes
August 11, 2026

Ayes: Andreatta, Brown, Eklund, Pearl, Reedy
Noes: None

Absent: None
Abstain: None

16. CITY MANAGER REPORTS

Manager Scully reported the upcoming street name unveilings honoring former and fallen police chiefs and officers, as well as noted the upcoming retirement of Police Officer Williamson.

17. COUNCIL INITIATED BUSINESS

Mayor Pro Tem Eklund inquired to the cell phone tower project; City Manager Scully provided an update.

18. COMMITTEE REPORTS

Councilmember Andreatta reported on a recently attended a Sacramento Area Council of Government (SACOG) meeting. Mayor Pearl reported on a recently attended Pioneer Energy Committee and an upcoming Airport Committee meeting. Councilmember Brown reported on an upcoming Placer County Transportation Planning Agency (PCTPA) meeting to be held at the end of month.

Council recessed to Closed Session at 8:00pm and returned to Chambers at 9:09pm. Per the City Attorney, there was no reportable action and direction was given to staff.

19. ADJOURNMENT

The meeting was adjourned at 9:10pm to the Regular City Council meeting on August 25, 2026, at 6:00pm in the Council Chambers, 600 6th Street, Lincoln.

Respectfully submitted by Hope Ithurburn, City Clerk

________________________________________
Hope Ithurburn, City Clerk
19 SUBJECT:

Adopt a Resolution to Accept the Grant Deeds for Open Space Lots 7 and 8 within the Meadowlands Project. (Michelle
Scoma)
SUBMITTED BY:

MIchelle Scoma
DEPARTMENT:

Engineering
DATE:

August 25, 2026

Item Number 12.C

STAFF RECOMMENDATION:

Staff recommends that City Council adopt a resolution to accept the Grant Deeds for Lots 7, 8, and 10 for Open Space purposes within the Meadowlands Project.

The open spaces will be maintained by the City and funded by the CFD 2018-1 (Maintenance Services).

BACKGROUND/INTRODUCTION:

On September 13, 2016, the City Council adopted Resolution 2016-178 which conditionally approved the Meadowlands Large Lot Tentative Map. A condition of development required that Open Space Lots 7, 8, and 10 be dedicated to the City of Lincoln. The Meadowlands Large Lot Final Map was approved by Resolution 2017-277 on December 12, 2017. Lots 7, 8, and 10 are shown on the Meadowlands Large Lot Final Map as recorded in Book DD of Maps,

Page 95 ends

lots were irrevocably offered for dedication to the City in fee title by separate grant deeds.

On December 8, 2020, the CFD 2018-1 (Maintenance Services) was formed with the Meadowlands project. This CFD will provide funding for maintenance of Open Space Lots 7, 8 and 10.

On December 10, 2024, the final unit of the Meadowlands project, Meadowlands Water Quality Pond, was accepted by Resolution 2024-264. Open Space Lots 7, 8, and 10 are the only remaining lots to be accepted by the City of Lincoln to close out the Meadowlands project.

The Developer and current owner of the Meadowlands Project, Jen 14 California LLC, has offered a grant deed for Lots 7 and 8. The Owner of Lot 10, PABCO Building Products LLC, will offer a grant deed for their lot at the appropriate time. Jen 14 California LLC, is requesting that the City of Lincoln accept the grant deeds (as shown in Attachment 3).

STAFF REPORT
20 FINDINGS/ANALYSIS:

Staff has reviewed the grant deed for Lots 7, 8, and 10 for open space purposes as shown on the Meadowlands Large Lot Final Map. Staff recommends approval of the grant deeds.

FISCAL IMPACT:

The acceptance of the open space lots will increase the infrastructure to be maintained by the City, which will be funded by the CFD 2018-1 (Maintenance Services).

ATTACHMENTS:

Meadowlands Open Space Grant Deeds.Doc3-Attach 2 Final Map.2026Aug25.mscoma.pdf Meadowlands Open Space Grant Deeds.Doc4-Attach 3 Grant Deeds.2026Aug25.mscoma.pdf Meadowlands Open Space Grant Deeds.Doc2-Attach 1 Resolution.2026Aug25.mscoma KS REV.docx
21 22
23 24
25 26
27 28
29 Resolution No. 2026-

Page 1 of 2 ends

RESOLUTION 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN ACCEPTING THE GRANT DEEDS FOR LOTS 7, 8 AND 10 FOR OPEN SPACE PURPOSES AS SHOWN ON THE MEADOWLANDS LARGE LOT FINAL MAP NO. 2017-277 FOR THE MEADOWLANDS PROJECT

WHEREAS, the City Council conditionally approved the Large Lot Tentative Map for Meadowlands on September 13, 2016 per City Council Resolution 2016-178; and

WHEREAS, a condition of development required the dedication of Open Space Lots 7, 8, and 10 to the City; and

WHEREAS, the City Council approved the Final Map No. 2017-277 Meadowlands Large Lot Final Map December 12, 2017, per City Council Resolution 2017-277; and

WHEREAS, Lots 7, 8, and 10 were irrevocably offered for dedication in fee title by separate grant deed per the Meadowlands Large Lot Final Map as recorded in Book DD of Maps, Page 95, Official Records of Placer County; and

WHEREAS, the Developer of the Meadowlands Project, Jen 14 California LLC, has offered a grant deed for Lots 7 and 8; and

WHEREAS, the Owner of Lot 10, PABCO Building Products LLC, will execute a grant deed for their lot at a future date; and

WHEREAS, the City Engineer has determined that the Grant Deeds for Lots 7, 8, and 10 comply with the requirements of the Tentative Map and Conditions of Approval.

NOW THEREFORE BE IT RESOLVED:

Section 1. The City Council of the City of Lincoln authorizes:

a. Acceptance of the Grant Deeds in fee title for Lots 7 and 8 for Open Space purposes, as shown on Meadowlands Large Lot Final Map No. 2017-277 as recorded in Book DD of Maps, Page 95, Official Records of Placer County; and

b. The City Counc il authorizes the City Manager to sign the Grant Deed for Lots 7 and 8; and

c. The City Clerk is authorized to proceed with the recordation of the Grant Deeds at the Office of the Placer County Recorder.

30 Resolution No. 2026-

Page 2 of 2 ends

d. The City Manager is authorized to accept the Grant Deed for Lot 10 at a later date and the City Clerk is authorized to proceed with recordation.

PASSED AND ADOPTED this 25th day of August, 2026 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________
Richard Pearl, Mayor

ATTEST:

Hope Ithurburn, City Clerk

31 SUBJECT:

Adopt Two Resolutions:1) Approving Annexation No. 30 (Peery Property Phase 2) into the City of Lincoln Community Facilities District No. 2018-1 (City Maintenance Services) 2) Approving Annexation No. 18 (Peery Property Phase 2) into the City of Lincoln Community Facilities District No. 2018-2 (Public Services). (Michael Durkee)

SUBMITTED BY:

Jenny Tran
DEPARTMENT:

Engineering
DATE:

August 25, 2026

Item Number 12.D

STAFF RECOMMENDATION:

Staff recommends that City Council adopt two resolutions:

Approving Annexation No. 30 (Peery Property Phase 2) into the City of Lincoln Community Facilities District No. 2018-1 (City Maintenance Services) Approving Annexation No. 18 (Peery Property Phase 2) into the City of Lincoln Community Facilities District No. 2018-2 (Public Services) The CFD No. 2018-1 (City Maintenance Services) (“CFD No. 2018-1”) special tax will be levied annually to fund the maintenance of City infrastructure such as landscaping, parks, open space, streetlighting, street maintenance, traffic signals, and stormwater quality and drainage facilities. The CFD No. 2018-2 (Public Services) (“CFD No. 2018-2”) special tax will be levied annually to fund City services such as police and fire protection.

BACKGROUND/INTRODUCTION:

Background on the Peery Property Project
:

On May 14, 2019, the City Council approved the Peery Property project Small Lot Tentative Subdivision Map under Resolution No. 2019-105. The Peery Property project is comprised of two (2) phases, Phase 1 and Phase 2, with separate development timelines. The Peery Property Phase 2 project (the “Project”) is currently in the process of obtaining final map approval and will include the construction of 193 detached single-family residential homes, passive open space, stormwater swales, and park area. The Project is generally located east of Nelson Lane along the north side of State Highway 65.

STAFF REPORT
32 The Conditions of Approval for the Project require the property owner to mitigate their project’s financial impact on the City’s park, open space, streetlighting, street, landscape, stormwater facilities, and police and fire protection services. To satisfy these conditions of approval for the Project, the property owner requested the City assist with annexing the Project into CFD No. 2018-1 to mitigate their project’s financial impact to the City’s park, open space, streetlighting, landscape, and stormwater facilities budgets and CFD No. 2018-2 to mitigate their project’s financial impact on City police and fire protection services.

Background on CFD No. 2018-1:

On October 9, 2018, the City Council adopted a Resolution of Formation to form CFD No. 2018-1 and approved Ordinance 979B authorizing the levy of CFD No. 2018-1 special taxes.

CFD No. 2018-1 was created to provide a financing mechanism to fund the annual maintenance of City infrastructure such as landscaping, parks, open space, streetlighting, street maintenance, and stormwater quality and drainage facilities. The CFD No. 2018-1 tax is separated into two components, “Citywide Services” and “Localized Services.” The improvements to be funded under Citywide Services include costs associated with Community Parks, Regional Parks, Major Roadway Streetlighting and Traffic Signals, Stormwater facilities, Major Roadway Landscaping, and Open Space areas. The improvements to be funded under Localized Services include costs associated with Neighborhood Parks, Neighborhood Landscaping, Local Street Maintenance, Local Streetlighting, and Localized Stormwater Improvements.

CFD No. 2018-1 was formed with the Twelve Bridges Village 11 development as the initial boundaries of the district. The approved CFD No. 2018-1 Boundary Map also includes a future annexation area which is contiguous to the City’s sphere of influence. As each project is annexed into CFD No. 2018-1, it will be assigned a tax zone to fund the development’s share of Citywide Services and Localized Services. Costs associated with annexations into CFD No. 2018-1 are paid by the developer(s) for each project. CFD No. 2018-1 is currently comprised of the following twenty-three (23) tax zones encompassing thirty-one (31) separate projects:

Tax Zone 1 – Twelve Bridges Village 11
Tax Zone 2 – Twelve Bridges Villages 2A, 2B, and 2C
Tax Zone 3 – Independence
Tax Zone 4 – Lakeside 6 (Phases 7 & 8)
Tax Zone 5 – Twelve Bridges Village 1
Tax Zone 6 – Education Foundation
Tax Zone 7 – Lincoln Crossing Village 11
Tax Zone 8 – Twelve Bridges Village 10
Tax Zone 9 – Cresleigh Grove
Tax Zone 10 – Twelve Bridges Village 25
Tax Zone 11 – Meadowlands
Tax Zone 12 – Turkey Creek Estates
Tax Zone 13 – Esplanade at Turkey Creek
Tax Zone 14 – Fullerton Ranch
Tax Zone 15 – Lincoln Meadows
Tax Zone 16 – 871 Sterling Parkway, East 10th Street, 1401 Aviation Blvd, 583 F Street, Auburn Ravine Center, Twelve Bridges Arco BP, and Ferrari Pavilion Tax Zone 17 – Twelve Bridges Village 4A and 4B
Tax Zone 18 – Twelve Bridges Village 3A and 3B, Magnolia Village, and Hidden Hills 33 Tax Zone 19 – Twelve Bridges Village 27A and 27B
Tax Zone 20 – Joiner Ranch East
Tax Zone 21a – Liberty at Lincoln Phase 1
Tax Zone 21b – Liberty at Lincoln Phase 2
Tax Zone 22 – Peery Property Phase 1
Tax Zone 23 – Stardust 78
Prior to tonight’s City Council meeting, the property owner for the Project executed the attached Unanimous Approval Form for annexation to CFD No. 2018-1. This form constitutes unanimous approval and a unanimous vote by the property owner in favor of annexing their property into CFD No. 2018-1 including the subsequent annual levy of special taxes to mitigate the Project’s financial impact on the City’s parks, open space, streetlighting, landscape, and stormwater facilities budgets.

If approved by City Council, the Project will be Annexation No. 30 and will be annexed into existing Tax Zone No. 22 of CFD No. 2018-1.

Background on CFD No. 2018-2:

On October 9, 2018, the City Council adopted a Resolution of Formation to form CFD No. 2018-2 with the Independence project (Tax Zone 1), via Ordinance 980B. CFD No. 2018-2 authorizes the annual levy of a special tax on parcels located within the CFD No. 2018-2 boundaries to mitigate their financial impact on the City’s police and fire protection services budgets.

At the time of CFD No. 2018-2 formation, the following determinations were made:

The minimum level of service standard is 0.85 police officers and 0.66 fire fighters for every 1,000 City residents.

The CFD No. 2018-2 special taxes shall only be applied to new residential projects.

Prior to the annexation of new projects into CFD No. 2018-2, an analysis will be performed to establish the appropriate CFD special tax rates based on the financial impact that different types of residential projects have on the City’s police and fire protection services budgets.

Implementation of the annual maximum tax escalator shall be the lessor of 1) the combined percentage increase, if any, in the City of Lincoln General Fund Operating Budget for police and fire services, or 2) 4%.

Since formation, staff continued analyzing the financial sustainability of CFD No. 2018-2 with a maximum tax escalator of 4% and determined that, except for certain infill projects, the maximum tax escalator of 4% does not completely offset the financial impact to police and fire protection services created by new residential projects in the City. With additional subdivisions being constructed, there will be an increased need for public safety personnel, resulting in a greater increase in expenditures, which exceed the 4% maximum tax escalator. For example, from Fiscal Years 2018-19 to 2019-20, total City public safety expenditures increased 8%. To avoid a reduction of service levels or required increased support from the General Fund, on October 27, 2020, City Council approved an annual maximum tax escalator of Consumer Price Index (CPI) plus 3% for the first annexation to CFD No. 2018-2.

On April 14, 2026, the City Council approved an update to the CFD No. 2018-2 special tax methodology to establish a more uniform maximum special tax levy across tax zones. This 34 approach is intended to promote equity across development projects while ensuring that special tax rates remain aligned with the City’s cost of providing municipal services. The approach is based on an analysis of the financial impact (the “Financial Impact Analysis”) future residential projects have on police and fire protections services, which included a review of projected home sales prices, City’s share of ad-valorem property taxes, sales tax, and public safety demands. CFD No. 2018-2 is currently comprised of the following twelve (12) tax zones encompassing seventeen (17) separate projects:

Tax Zone 1 – Independence, Magnolia Village, 583 F Street, and Joiner Ranch East Tax Zone 2 – Cresleigh Grove
Tax Zone 3 – Twelve Bridges Village 25
Tax Zone 4 – Meadowlands
Tax Zone 5 – Turkey Creek
Tax Zone 6 – Esplanade at Turkey Creek
Tax Zone 7 – Lincoln Meadows
Tax Zone 8 – Twelve Bridges Village 4A/4B, 3A/3B, and 27A/27B Taz Zone 9 – Hidden Hills
Tax Zone 11 – Peery Property Phase 1
Tax Zone 12 – Liberty at Lincoln Phase 1
Tax Zone 13 – Stardust 78
Please note, the Liberty at Lincoln Phase 1 project was originally annexed as Tax Zone 10 and was subsequently de-annexed and annexed again as Tax Zone 12 on July 8, 2025.

Prior to tonight’s City Council meeting, the property owner for the Project executed the attached Unanimous Approval Form. The executed Unanimous Approval Form is on file with the City Clerk. This form constitutes unanimous approval and a unanimous vote by the property owner in favor of annexing their property into CFD No. 2018-2 including the subsequent annual levy of special taxes to mitigate the Project’s financial impact on the City’s police and fire protection services budgets.

If approved by City Council, the Peery Property Phase 2 project will be Annexation No. 18 and will be annexed into existing Tax Zone 13 of CFD No. 2018-2.

FINDINGS/ANALYSIS:

The improvements to be funded under the CFD No. 2018-1 Citywide Services include costs associated with Community Parks, Regional Parks, Major Roadway Streetlighting and Traffic Signals, Stormwater facilities, Major Roadway Landscaping, and Open Space areas. The improvements to be funded under the CFD No. 2018-1 Localized Services for the Project consist of the Project’s share of anticipated maintenance for Neighborhood Landscaping, Local Streetlighting, and Localized Stormwater Improvements. The estimated budget (in Fiscal Year 2026-27 dollars) for the Citywide and Localized Services related to the Project, including reserve collection, is as follows:

35 Citywide Maintenance Services

Community Parks
$12,848.01
Landscape Maintenance (Arterial Roadways)
$19,427.38
Open Space
$14,415.17
Regional Parks
$15,667.74
Streetlighting (Arterial Roadways)
$1,879.82
Traffic Signals (Arterial Roadways)
$1,879.82

$66,117.94
Localized Maintenance Services

Landscape Maintenance
$18,286.18
Park Maintenance
$47,393.12
Stormwater Maintenance
$132,820.21
Streetlighting
$18,220.46

$216,719.97

Therefore, the proposed CFD No. 2018-1 maximum special tax rates for a developed single- family residential parcel within the Project are summarized below.

Citywide Services - $342.58/ Single-Family Parcel (in Fiscal Year 2026-27 dollars) Localized Services - $1,122.90/ Single-Family Parcel (in Fiscal Year 2026-27 dollars) For Tax Zone 13 of CFD No. 2018-2, residential projects are further broken down into Single- Family Low Density Residential (LDR), Single-Family Medium Density Residential (MDR), Single-Family High Density Residential (HDR), and Multi-Family Residential (MFR) as defined in the City’s General Plan. The Financial Impact Analysis resulted in the following CFD No. 2018-2 maximum special tax rates for the Project to mitigate additional demand on the City’s police and fire protection services:

Residential
Intensity
CFD No. 2018-2
Tax Zone 13
Low Density Residential
$491.80 /Residential Unit
Medium Density Residential
$491.80 /Residential Unit
High Density Residential
$347.35 /Residential Unit
Multi-Family Residential
$309.52 /Residential Unit
Undeveloped Parcels
$0.00 /Parcel

The Peery Property Phase 2 project consists of 193 detached Single-Family LDR Units and therefore is expected to generate approximately $94,917 (in Fiscal Year 2026-27 dollars) in annual CFD No. 2018-2 special tax revenue.

The Fiscal Year 2026-27 CFD Nos. 2018-1 and 2018-2 maximum annual special tax rates described above will be adjusted each fiscal year based on the annual change (February to February) in the Consumer Price Index plus 3%. Staff will monitor expenditures and CFD funding over time and can tax below the maximum annual special tax rates in any given fiscal year if appropriate.
36 Staff recommends that City Council take the following action:
1 .

Adopt a Resolution approving Annexation No. 30 (Peery Property Phase 2) into the City of Lincoln Community Facilities District No. 2018-1 (City Maintenance Services). 2 .

Adopt a Resolution approving Annexation No. 18 (Peery Property Phase 2) into the City of Lincoln Community Facilities District No. 2018-2 (Public Services)

ENVIRONMENTAL REVIEW:

This project is exempt from the California Environmental Quality Act (Pub. Resources Code, 21000 et seq., “CEQA”) pursuant to CEQA Guidelines section 15301(c), existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities and section 15301(h), maintenance of existing landscaping, native growth, and water supply reservoirs.

Since this project will continue to maintain existing facilities, no further environmental analysis is required.

FISCAL IMPACT:

The Project will increase required levels of maintenance associated with the parks, open space, streetlighting, street maintenance, landscape, and stormwater facilities throughout the City as well as increase demand on the City’s police and fire protection services. If annexed into CFD No. 2018-1, the Peery Property Phase 2 project will provide approximately $282,838 in annual revenue to mitigate additional costs associated with parks, open space, streetlighting, landscape, and stormwater facilities throughout the City. If annexed into CFD No. 2018-2, the Peery Property Phase 2 project will provide approximately $94,917 in annual revenue to mitigate additional costs associated with the City’s police and fire protection services.

Costs associated with the annexation into CFD No. 2018-1 and CFD No. 2018-2 are paid for by the developer(s). The CFD No. 2018-1 special tax will be levied annually to fund maintenance services and the CFD No. 2018-2 special tax will be levied annually to fund police and fire protection services.

Staff will monitor the maintenance and services costs over time and fund balances (including the reserve balances) to evaluate the fiscal health of the tax zones for each District. If at some point in the future the annual revenue and reserve balances are more than adequate to fund the services associated with CFD No. 2018-1 and CFD No. 2018-2, the City can tax below the maximum rates.

The City will be responsible for the maintenance of public water, sewer, and drainage infrastructure, in addition to the improvements to be maintained by CFD No. 2018-1, Tax Zone

22. ATTACHMENTS:

Attachment 2 CFD2018-1_Tax Zone 22 Amended Boundary Map (Peery Property Phase 2).pdf
Attachment 5 CFD2018-2_Tax Zone 13 Amended Boundary Map (Peery Property Phase 2).pdf
37 Attachment 1 Peery Property Phase 2 CFD No. 2018-1 Annexation Resolution.docx Attachment 4 Peery Property Phase 2 CFD No. 2018-2 Annexation Resolution.docx Attachment 3 CFD 2018-1 Unanimous Approval - Annexation No. 30 (Peery Property Phase 2)_signed.pdf
Attachment 6 CFD 2018-2 Unanimous Approval - Annexation No. 18 (Peery Property Phase 2)_signed.pdf
38 39
40 41
42 RESOLUTION NO. 2026 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN ACCEPTING

UNANIMOUS APPROVAL OF PROPERTY OWNER TO ANNEX THE PEERY PROPERTY PHASE 2 PROJECT TO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (CITY

MAINTENANCE SERVICES), CITY OF LINCOLN, COUNTY OF PLACER, STATE OF CALIFORNIA AS ANNEXATION NO. 30 (TAX ZONE NO. 22)

WHEREAS, on August 28, 2018, the City Council (the “City Council”) of the City of Lincoln adopted Resolution No. 2018-187 (the “Resolution of Intention”), declaring its intention to establish Community Facilities District No. 2018 -1 (City Maintenance Services), Ci ty of Lincoln, County of Placer, State of California (“Community Facilities District No. 2018-1” or the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”);

WHEREAS, pursuant to the procedures provided in Section 53339 of the Act and the Resolution of Intention, the City Council designated the property described in Exhibit A to the Resolution of Intention as te rritory proposed for annexation to Community Facilities District No. 2018-1 in the future (the “Annexation Territory”), with the condition that a parcel or parcels within such territory may be annexed and subjected to the special tax of Community Facilities District No. 2018-1 only with the unanimous approval of the owner or owners of the parcel or parcels at the time of annexation or in compliance with other procedures established by the Act;

WHEREAS, after a duly noticed public hearing, on October 9, 2018, the City Council adopted Resolution No. 2018-217 establishing Community Facilities District No. 2018-1 and calling a special election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Exhibit C attached to the Resolution of Intention to finance some or all of the costs attributable to City -wide and local neighborhood maintenance services and certain incidental expenses, as set forth in Exhibit B to Resolution No. 2018 -187, and (ii) the establishment of an appropriations limit for Community Facilities District No. 2018-1;

WHEREAS, on January 22, 2019, the City Council adopted Resolution No. 2019-019 to correct certain typographical errors to Resolution No. 2018-217;

WHEREAS, the City has received the executed unanimous approval (the “Unanimous Approval”) of the owner of the property described in Exhibit A hereto (the “Property”), which property is located within the Annexation Territory; and

WHEREAS, pursuant to the Unanimous Approval, such property owner ha s unanimously approved the rate of the special tax and the method of apportionment and manner of collection of that tax as specified in Exhibit B attached hereto and made a part hereof (the “Supplement to the Rate and Method of Apportionment of Special Tax – Tax Zone No. 23”), which is supplemental to the rate and method of apportionment attached as Exhibit C to the Resolution of Intention.

NOW THEREFORE BE IT RESOLVED:
43 Section 1: Each of the above recitals is true and correct.

Section 2: The City Council of the City, acting as the legislative body of the District, hereby finds that the Unanimous Approval satisfies the requirements under Section 53339.3 of the Act. The City Council of the City hereby accepts the Unanimous Approval and the Property is hereby annexed to the District. The special tax of the District shall be levied in each fiscal year on the Property in accordance with the Supplemental Rate and Method of Apportionment and Ordinance No. 979B, adopted by the City Council.

Section 3: The City Clerk is hereby directed to record in the Assessor-County Clerk-Recorder’s office of the County of Placer within fifteen days of the date hereof a notice of special tax lien with respect to the Property which Bond Counsel to the City shall prepare in the form required by Streets and Highways Code Section 3114.5.

Section 4: This Resolution shall be effective upon its adoption.

PASSED AND ADOPTED this 25th day of August 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

______________________________
Richard Pearl, Mayor

ATTEST:

_______________________________
Hope Ithurburn, City Clerk

44 A-1

EXHIBIT A

DESCRIPTION OF PROPERTY TO BE ANNEXED
Real property in the City of Lincoln, County of Placer, State of California, described as follows:

Assessor Parcel Number
021-262-049
45 B-1

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (CITY MAINTENANCE SERVICES)

CITY OF LINCOLN, COUNTY OF PLACER, STATE OF CALIFORNIA

SUPPLEMENT TO THE RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX – TAX ZONE NO. 22

Special Taxes (as hereafter defined) in the City of Lincoln Community Facilities District No. 2018- 1 (City Maintenance Services) (the “CFD” or “CFD No. 2018-1”) shall be levied and collected each Fiscal Year according to the tax liability determined by the Administrator through the application of the appropriate Special Tax rate for Taxable Property, as described below. All property in CFD No. 2018-1 (Tax Zone No. 22), unless exempted by law or by the provisions of Section E herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2018 -1 (Tax Zone No. 2 2), unless a separate rate and method of apportionment of special tax is adopted for such annexation area.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Accessory Unit” means a second Residential Unit of reduced size (e.g., granny cottage, etc.) that shares a Parcel with a Residential Unit. An Accessory Unit shall not be considered a separate Residential Unit for purposes of this RMA and will not be levied a Special Tax.

“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map, Parcel Map or functionally equivalent map o r instrument recorded in the Office of the County Recorder. In the absence of such map, the Administrator will make the final “Acre” or “Acreage” determination utilizing available spatial and Geographic Information Systems (GIS) data.

“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter

2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.

“Administrative Expenses” means the actual or reasonably estimated costs incurred by the City or their designee, acting for and on behalf of the CFD as the Administrator thereof, to compute, determine, levy and collect the Special Taxes, including salaries of City employees and a proportionate amount of the City’s general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes, includi ng charges levied by the County, the costs related to the preparation of required reports; and any other costs required to administer the CFD as determined by the Administrator. Administrative expenses shall also include amounts estimated or advanced by t he City or the CFD for any other administrative purposes, including but not limited to, attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes according to this Rate and Method of Apportionment of Special Taxes. 46 B-2

“Assessor’s Parcel(s)” or “Parcel(s)” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.

“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number(s)” or “APN(s)” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property.

“Authorized Services” means the public services authorized to be funded by CFD No. 2018-1 as set forth in the docu ments adopted by the Council when CFD No. 2018 -1 was formed.

“Building Permit” means a building permit having a building structure improvement valuation over $100,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded.

"Building Square Footage" means the square footage shown on a Building Permit issued for a Taxable Parcel for the construction of a building, exclusive of ancillary improvements, such as garages, balconies, etc.

“CFD” or “CFD No. 2018-1” means the City of Lincoln Community Facilities District No. 2018-1 (City Maintenance Services).

“City” means the City of Lincoln.

“City Manager” means the City Manager of the City of Lincoln.

“Commercial Parcel(s)” means a Parcel designated by the County Assessor as having a commercial land use (e.g., stores, markets, shopping centers, motels, hotels, restaurants, fast food, bars, banks, service stations, auto sales and service centers, private recreational facilities, theaters, lodge halls, churches, private schools, day care centers, etc.). If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.

"Condominium Parcel(s)" means, for each Fiscal Year, all Assessor Parcels designated by the County Assessor with a County Land Use Code of Residential Condominium. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.

“Council” means the City Council of the City of Lincoln, acting as the legislative body for CFD No. 2018-1.

“County” means the County of Placer.

“County Assessor” means the Placer County Assessor.
47 B-3

“County Land Use Code” means the land use code assigned to an Assessor’s Parcel as indicated in the records of the County Assessor.

“Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Per mit was issued for a Commercial Parcel, Industrial Parcel, Mixed Use Parcel, Multi-Family Parcel, Office/Medical Parcel, or Single-Family Parcel on or prior to June 30 of the preceding Fiscal Year in which Special Taxes are to be levied. In the absence of a Building Permit, any Parcel of Taxable Property shall be classified as “Developed Property” if it has been occupied by a user as determined by the Administrator on or prior to June 30 of the preceding Fiscal Year.

“Final Map” or “Parcel Map” means a Final Map, Parcel Map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), that creates lots that do not need to be further subdivided prior to issuance of a building permit for a residential or non-residential structure. The term “Final Map” or “Parcel Map” shall not include an Assessor’s Parcel Map or subdivision map or portion thereof, that does not create lots that are in their final configuration, including Assessor’s Parcels that are designated as remainder parcels.

“Fiscal Year” means the period starting on July 1 and ending on the following June 30.

“Industrial Parcel(s)” means a Parcel designated by the County Assessor as having an industrial land use (e.g., light and heavy industrial, food processing, storage yards, warehouses, etc.). If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.

“Land Use Classification” means th e current or intended use of a Taxable Parcel as determined by the Taxable Parcel’s County Land Use Code.

“Maximum Special Tax” means, for each Special Tax Component, the maximum Special Tax, determined in accordance with Section C herein, which can be levied in any Fiscal Year.

“Mixed Use Parcel(s)” means a Parcel designated by the County Assessor as having multiple land uses such as a residential land use and a commercial land use, a multi-family land use and a commercial land use, etc.

“Multi-Family Parcel(s)” means a Parcel designated by the County Assessor as having a multi-family residential land use (e.g., duplex, tri -plex, four-plex, apartments, mobile homes, timeshares, etc.). If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.

"Office/Medical Parcel(s)" means a Parcel designated by the County Assessor as having an office, medical or dental land use (e.g., office buildings, office condominiums, hospitals, etc.).

If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below. 48 B-4

“Property Owner(s)” means the Property Owner(s) of record per current County Assessor records unless more current information is available such as a recorded deed of sale, etc.

“Proportionately” means, for Developed Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property within each respective Tax Zone. Means for Undeveloped Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Undeveloped Property within each respective Tax Zone.

“Public Property” means, for each Fiscal Year: (i) any property within the boundaries of CFD No. 2018 -1 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City of Lincoln or any other public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2018-1 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.

“RMA” means this Rate and Method of Apportionment of Special Tax.

“Residential Unit(s)” means an individual building structure for residential use as defined per the County Assessor or for a Multi-Family Residential Parcel, an individual residential unit in a building.

“Single-Family Parcel(s)” means a Parcel designated by the County Assessor as having a single-family residential land use excluding residential condominium parcels. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.

“Special Tax” means the tax levied on Taxable Property within CFD No. 2018-1 to pay the annual Special Tax Requirement for each Special Tax Component.

“Special Tax Component(s)” means one of the following components of the Special Tax:

Citywide Tax or Localized Tax.

“Special T ax Requirem ent” means, for each Special Tax Component, the a mount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services related to the Special Tax Component; (ii) Administrative Expenses attributable to the Special Tax Component; and (iii) amounts needed to cover any delinquencies in the payment of the Special Tax Component which occurred in the previous Fiscal Year or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the Special Tax will be collected.

“Taxable Property” or “Taxable Parcel(s)” means all Assessors’ Parcels within the boundaries of CFD No. 2018 -1 that are not exempt from the Special Tax pursuant to law or Section E herein.

49 B-5

“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. Additional Tax Zones may be created when property is annexed to CFD No. 2018-1, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels to be included within a Tax Zone when such Parcels are annexed to CFD No. 2018-1 shall be identified by Assessor’s Parcel Number in the Unanimous Approval Form that is signed by the owner(s) of the Parcels at the time of annexation.

“Unanimous Approval Form” means that form executed by the record owner of fee title to a Parcel or Parcels annexed into CFD No. 2018 -1 that constitutes the Property Owner’s approval and unanimous vote in favor of annexing into CFD No. 2018-1, the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA.

“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2018-1 that are not classified as Developed Property.

B. DATA FOR ANNUAL TAX LEVY

Each Fiscal Year, the Administrator shall: (i) identify the current Assessor’s Parcel Numbers for all Parcels of Taxable Property within CFD No. 2018-1, (ii) determine the Land Use Classification for each Taxable Parcel, (iii) determine whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, and (iv) determine the Special Tax Requirement for each Special Tax Component.

In any Fiscal Year, if it is determined that a Final Map or Parcel Map for a portion of property in CFD No. 2018-1 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, and the County Assessor does not yet recognize the new Parcels that will be created by the Final Map or Parcel Map, and one or more of the newly-created Parcels would meet the definition of Developed Property, the Administrator shall calculate and directly assess the Special Tax for the property affected by recordation of the Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map.

50 B-6

C. MAXIMUM SPECIAL TAXES

1. Developed Property - The Fiscal Year 2024-25 Maximum Special Tax for each Special Tax Component for all Taxable Parcels of Developed Property within Tax Zone No. 22 are shown in Table 1 below:

Mixed Use Parcels will have their Maximum Tax calculated each Fiscal Year based upon their combined uses on the Parcel. For example, if a one -acre parcel has commercial uses on the ground floor and 50 apartments are on the second and third floors, the Parcel will be taxed the Commercial Parcel Special Tax rate based upon the total commercial building square footage and the Multi -Family Parcel Special Tax rate for the 50 apartments.

Special Tax Taxable Property FY 2024-25
Component Category Maximum Tax
Citywide Tax Single-Family Parcel $307.31 /parcel
Citywide Tax Condominium Parcel $230.48 /parcel
Citywide Tax Multi-Family Parcel $217.01 /unit
Citywide Tax Office/Medical Parcel $324.79 /1,000 bldg. sq. ft.

Citywide Tax Commercial Parcel $217.01 /1,000 bldg. sq. ft.

Citywide Tax Institutional Parcel $217.01 /1,000 bldg. sq. ft.

Citywide Tax Industrial Parcel $109.23 /1,000 bldg. sq. ft.

Localized Tax Single-Family Parcel $1,007.29 /parcel
Localized Tax Condominium Parcel $755.47 /parcel
Localized Tax Multi-Family Parcel $711.31 /unit
Localized Tax Office/Medical Parcel $1,007.29 /1,000 bldg. sq. ft.

Localized Tax Commercial Parcel $1,007.29 /1,000 bldg. sq. ft.

Localized Tax Institutional Parcel $1,007.29 /1,000 bldg. sq. ft.

Localized Tax Industrial Parcel $1,007.29 /1,000 bldg. sq. ft.

Table No. 1 - Developed Property
51 B-7

2. Undeveloped Property - The Fiscal Year 2024-25 Maximum Special Tax for each Special Tax Component for all Taxable Parcels of Undeveloped Property within Tax Zone No. 23 are shown in Table 2 below:

3. Escalation of Maximum Special Tax

Commencing on July 1, 2025, and each July 1 thereafter, the Maximum Special Tax rates for each Special Tax Component of Developed Property and Undeveloped Property shown in Table No. 1 and Table No. 2 above shall be increased by applying the percentage increase in the Consumer Price Index (San Francisco -Oakland-Hayward All Urban Consumers) from the prior year (February to February) plus three percent (3.00%).

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES

Each Fiscal Year, the Administrator shall determine the Special Tax Requirement for each Special Tax Component for each Tax Zone for that Fiscal Year and levy each Special Tax Component on all Parcels of Taxable Property therein as follows:

Step 1: Each Special Tax Component shall be levied Proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax for each Parcel of Developed Property for such Fiscal Year until the amount levied is equal to the Special Tax Requirement for such Special Tax Component;

Step 2: If additional revenue is needed after Step 1, each Special Tax Component shall be levied Proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for each Parcel of Undeveloped Property for such Special Tax Taxable Property FY 2024-25
Component Category Maximum Tax
Citywide Tax Single-Family Parcel $0.00 /acre
Citywide Tax Condominum Parcel $0.00 /acre
Citywide Tax Multi-Family Parcel $0.00 /acre
Citywide Tax Office/Medical Parcel $0.00 /acre
Citywide Tax Commercial Parcel $0.00 /acre
Citywide Tax Institutional Parcel $0.00 /acre
Citywide Tax Industrial Parcel $0.00 /acre
Localized Tax Single-Family Parcel $6,389.35 /acre
Localized Tax Condominum Parcel $6,389.35 /acre
Localized Tax Multi-Family Parcel $6,389.35 /acre
Localized Tax Office/Medical Parcel $6,389.35 /acre
Localized Tax Commercial Parcel $6,389.35 /acre
Localized Tax Institutional Parcel $6,389.35 /acre
Localized Tax Industrial Parcel $6,389.35 /acre
Table No. 2 - Undeveloped Property
52 B-8

Fiscal Year until the amount levied, when combined with the amount of the Special Tax Component levied pursuant to Step 1, is equal to the Special Tax Requirement for such Special Tax Component.

The Special Tax for CFD No. 2018-1 shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 2018-1.

E. EXEMPTIONS

No Special Tax shall be levied on Parcels of Public Property or any privately owned Parcels that are non-developable, such as common areas, wetlands, and open space, parks, etc. except as otherwise provided in this RMA and in the Act.

F. INTERPRETATION OF SPECIAL TAX FORMULA

The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion.

Interpretations may be made by the City through an ordinance or resolution of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.

G. TERM OF THE SPECIAL TAX

The Special Tax shall be levied in perpetuity as necessary to pay the Special Tax Requirement.

H. PREPAYMENT OF SPECIAL TAX

The Maximum Special Tax may not be prepaid and shall continue to be levied in accordance with Section D of this Rate and Method of Apportionment on an annual basis on all Taxable Property in CFD No. 2018-1 for the purpose of funding ongoing Authorized Services.

I. REVIEW/APPEALS OF THE SPECIAL TAX

The Administrator may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any property owner appeals, as herein specified.

Any property owner who believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the Administrator regarding such error. If following such consultation, the Administrator determines that an error has occurred; the Administ rator in consultation with the City Manager shall take any of the following actions to correct the error:

53 B-9

 Amend the Special Tax levy on the property owner's Property Tax Bill for the current Fiscal Year, or

 Have the CFD reimburse the property owner for the amount of overpayment for the current Fiscal Year if CFD funds are available, or

 Grant a credit against, eliminate or reduce the future Special Taxes on the property owner's Assessor's Parcel(s) for overpayment for the current Fiscal Year.

If following such consultation and action (if any by the Administrator), the property owner believes such error still exists, such person may file a written notice with the City Manager appealing the amount of the Special Tax levied on such Assessor's Parcel. If fol lowing such consultation and action (if any by the City Manager), the property owner believes such error still exists, such person may file a written notice with the City Council appealing the amount of the Special Tax levied on such Assessor's Parcel. If the City Council determines an error exists; the Administrator shall take any actions as described above, in order to correct the error. The decision of the City Council shall be final and binding to all persons.

J. SEVERABILITY

The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enforceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect 54 B-1

55 RESOLUTION NO. 2026 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN ACCEPTING UNANIMOUS APPROVAL OF PROPERTY OWNER TO ANNEX THE PEERY PROPERTY PHASE 2 PROJECT TO COMMUNITY FACILITIES DISTRICT NO. 2018-2 (PUBLIC SERVICES), CITY OF LINCOLN, COUNTY OF PLACER, STATE OF CALIFORNIA AS ANNEXATION NO. 18 (TAX ZONE NO. 13)

WHEREAS, on August 28, 2018, the City Council (the “City Council”) of the City of Lincoln adopted Resolution No. 2018-188 (the “Resolution of Intention”), declaring its intention to establish Community Facilities District No. 2018-2 (Public Services), City of Lincoln, County of Placer, State of California (“Community Facilities District No. 2018-2” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); WHEREAS, pursuant to the procedures provid ed in Section 53339 of the Act and the Resolution of Intention, the City Council designated the property described in Exhibit A to the Resolution of Intention as territory proposed for annexation to Community Facilities District No. 2018-2 in the future (the “Annexation Territory”), with the condition that a parcel or parcels within such territory may be annexed and subjected to the special tax of Community Facilities District No. 2018-2 only with the unanimous approval of the owner or owners of the parcel or parcels at the time of annexation or in compliance with other procedures established by the Act; WHEREAS, after a duly noticed public hearing, on October 9, 2018, the City Council adopted Resolution No. 2018-220 establishing Community Facilities District No. 2018-2 and calling a special election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Exhibit C attached to the Resolution of Intention to finance some or all of the costs attributable to police safety services, fire protection and suppression services, maintenance services, and certain incidental expenses, as set forth in Exhibit B to Resolution No. 2018 -188, and (ii) the establishment of an appropriations limit f or Community Facilities District No. 2018-2;
WHEREAS, on January 22, 2019, the City Council adopted Resolution No. 2019-020 to correct certain typographical errors to Resolution No. 2018-220; WHEREAS, the City has received the executed unanimous approval ( the “Unanimous Approval”) of the owner of the property described in Exhibit A hereto (the “Property”), which property is located within the Annexation Territory; and WHEREAS, pursuant to the Unanimous Approval, such property owner has unanimously approved the rate of the special tax and the method of apportionment and manner of collection of that tax as specified in Exhibit B attached hereto and made a part hereof (the “Supplement to the Rate and Method of Apportionment of Special Tax – Tax Zone No. 1 3”), which is supplemental to the rate and method of apportionment attached as Exhibit C to the Resolution of Intention.

NOW THEREFORE BE IT RESOLVED:
56 Section 1: Each of the above recitals is true and correct.

Section 2: The City Council of the City, acting as the legislative body of the District, hereby finds that the Unanimous Approval satisfies the requirements under Section 53339.3 of the Act. The City Council of the City hereby accepts the Unanimous Approval and the Property is hereby annexed to the Distric t. The special tax of the District shall be levied in each fiscal year on the Property in accordance with the Supplemental Rate and Method of Apportionment and Ordinance No. 980B, adopted by the City Council.

Section 4: This Resolution shall be effective upon its adoption.

PASSED AND ADOPTED this 25th day of August 2026 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

______________________________
Richard Pearl, Mayor

ATTEST:

_______________________________
Hope Ithurburn, City Clerk

57 A-1

EXHIBIT A

DESCRIPTION OF PROPERTY TO BE ANNEXED
Real property in the City of Lincoln, County of Placer, State of California, described as follows:

Assessor Parcel Number
021-262-049
58 EXHIBIT B

SUPPLEMENT TO THE RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX – TAX ZONE NO. 13

Special Taxes (as hereafter defined) in the City of Lincoln Community Facilities District No. 2018- 2 (Public Services) (the “CFD” or “CFD No. 2018 -2”) shall be levied and collected each Fiscal Year according to the tax liability determined by the Administrator through the application of the appropriate Special Tax rate for Taxable Property, as described below. All property in CFD No. 2018-2 (Tax Zone No. 13), unless exempted by law or by the provisions of Section F herein, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2018-2 (Tax Zone No. 13), unless a separate rate and method of apportionment of special tax is adopted for such annexation area.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Accessory Unit” means a secondary residential unit of reduced size (e.g., granny cottage, etc.) that shares a Parcel with a residential unit. An Accessory Unit shall not be considered a separate residential unit for purposes of this RMA and will not be levied a Special Tax.

“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter

2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.

“Administrative Expenses” means the actual or reasonably estimated costs incurred by the City or their designee, acting for and on behalf of the CFD as the Administrator thereof, to compute, determine, levy and collect the Special Taxes, including salaries of City employees and a proportionate amount of the City’s general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the ad ministration of the CFD; the costs of collecting installments of the Special Taxes, including charges levied by the County, the costs related to the preparation of required reports; and any other costs required to administer the CFD as determined by the Administrator. Administrative expenses shall also include amounts estimated or advanced by the City or the CFD for any other administrative purposes, including but not limited to, attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Assessor’s Parcel(s)” or “Parcel(s)” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.

“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number(s)” or “APN” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. 59 “Authorized Services” means the public services authorized to be funded by CFD No. 2018-2 as set forth in the documents adopted by the Council when CFD No. 2018-2 was formed.

“CFD” or “CFD No. 2018-2” means the Community Facilities District No. 2018-2 (Public Services) of the City of Lincoln, Placer County, California.

“City” means the City of Lincoln.

“City Manager” means the City Manager of the City of Lincoln.

“Council” means the City Council of the City of Lincoln, acting as the legislative body for CFD No. 2018-2.

“County” means the County of Placer.

“County Assessor” means the Placer County Assessor.

“County Land Use Code” means the land use code assigned to an Assessor’s Parcel as indicated in the records of the County Assessor. If it is determined by the Administrator that the County Assessor has assigned an incorrect County Land Use Code, or the assigned County Land Use Code does not correctly describe the intended or current use of the Taxable Parcel, the Administrator may assign a Land Use Classification to the Taxable Parcel described in Section C below.

“Developed Parcel(s)” or “Developed Property” means a Parcel, for which a Building Permit has been issued on or prior to June 30 of the preceding Fiscal Year in which Special Taxes are to be levied. In the absence of a Building Permit, any Parcel shall be classified as Developed Property if it has a building structure constructed on the Parcel with an improvement valuation over $100,000 (construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded) as determined by the Administrator on or prior to June 30 of the preceding Fiscal Year. Once classified as a Developed Parcel, no Parcel shall be removed from the developed classification.

“Fiscal Year” means the period starting on July 1 and ending on the following June 30.

“Gross Acre(s)” means the entire acreage of a residential development/neighborhood which includes the underlying area encompassing the Residential Units, streets, and rights -of- way

“High Density Residential” or “HDR” means Residential Parcels that have a Residential Intensity of 13 or more Residential Units per Gross Acre and are not classified as Multi -Family Residential.
60 “Low Density Residential” or “LDR” means Residential Parcels that have a Residential Intensity of less than 6 Residential Units per Gross Acre and are not classified as Multi -Family Residential.

“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C herein, which can be levied in any Fiscal Year.

“Medium Density Residential” or “MDR” means Residential Parcels that have a Residential Intensity of 6 to 12.99 Residential Units per Gross Acre and are not classified as Multi- Family Residential.

“Mixed-Use Parcel(s)” means a Parcel having multiple land uses such as a residential land use and a commercial land use, etc. as determined by the Administrator.

“Multi-Family Residential” or “MFR” means Residential Parcels consisting of Residential Units that share common walls including, but not limited to duets, duplexes, triplexes, fourplexes, and building structures with 5 or more Residential Units.

“Property Owner(s)” means the Property Owner(s) of record per current County Assessor records unless more current information is available such as a recorded deed of sale, etc.

“Proportionately” means for all Taxable Parcels, the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Taxable Parcels within each respective Tax Zone.

“Public Property” means, for each Fiscal Year: (i) any property within the boundaries of CFD No. 2018-2 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City of Lincoln or any other public agency; provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of CFD No. 2018-2 that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.

“Residential Intensity” means number of Residential Units per Gross Acre.

"Residential Parcel(s)" means a Parcel designated by the County Assessor as having a single-family or multi-family residential County Land Use Code.

“Residential Unit(s)” means, for a Residential Parcel, the individual residential unit on such Parcel, or for a multi-family Residential Parcel, an individual residential unit in a building.

“RMA” means this Rate and Method of Apportionment of Special Tax.

“Special Tax(es)” means the tax levied on Taxable Property within CFD No. 2018-2 to pay the annual Special Tax Requirement. The Special Tax will be equal to the Maximum Special Tax every Fiscal Year unless otherwise determined by the Administrator.

“Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Services; (ii) Administrative Expenses; and (iii) a mounts needed to cover any delinquencies in the payment of the Special Taxes which occurred in the 61 previous Fiscal Year or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the Special Tax will be collected.

“Taxable Property” or “Taxable Parcel(s)” means all Residential Parcels within the boundaries of CFD No. 2018 -2 that are not exempt from the Special Tax pursuant to law or Section F herein.

“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. Additional Tax Zones may be created when property is annexed to CFD No. 2018-2, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels to be included within a Tax Zone when such Parcels are annexed to CFD No. 2018-2 shall be identified by Assessor’s Parcel Number in the Unanimous Approval Form that is signed by the owner(s) of the Parcels at the time of annexation.

“Unanimous Approval Form” means that form executed by the record owner of fee title to a Parcel or Parcels annexed into CFD No. 2018 -2 that constitutes the Property Owner’s approval and unanimous vote in favor of annexing into CFD No. 2018 -2, and the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA.

“Undeveloped Parcel(s)” or “Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2018-2 that are not classified as Developed Parcels.

B. DATA FOR ANNUAL TAX LEVY

Each Fiscal Year, the Administrator shall: (i) identify the current Assessor’s Parcel Numbers for all Parcels within CFD No. 2018 -2 (ii) determine whether each Parcel is a Taxable Parcel or exempt from the Special Tax pursuant to law or Section F herein, (iii) classify each Taxable Parcel as a Developed Parcel or Undeveloped Parcel (iv) classify each Developed Parcel as either LDR, MDR, HDR, MFR, or a Mixed Use Parcel and (iv) determine the Special Tax Requirement.

In any Fiscal Year, if it is determined that a Final Map or Par cel Map for a portion of property in CFD No. 2018-2 was recorded after the last date upon which the County Assessor will incorporate the newly-created Parcels into the then current tax roll, and the County Assessor does not yet recognize the new Parcels that will be created by the Final Map or Parcel Map, and one or more of the newly -created Parcels would meet the definition of Taxable Property, the Administrator shall calculate and directly levy the Special Tax for the property affected by recordation of t he Final Map or Parcel Map by determining the Special Tax that applies separately to each new Parcel that will be created by that Final Map or Parcel Map, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or Parcel Map.

62 C. MAXIMUM SPECIAL TAXES

The Fiscal Year 2026-27 Maximum Special Tax for all Taxable Parcels within Tax Zone No. 1 3 are shown in the table below:

Taxable Property Category FY 2026-27 Maximum Tax
Low Density Residential $491.80 /Residential Unit
Medium Density Residential $491.80 /Residential Unit
High Density Residential $347.35 /Residential Unit
Multi-Family Residential $309.52 /Residential Unit
Undeveloped Parcels $0.00 /Parcel

Mixed-Use Parcels will have their Maximum Tax calculated each Fiscal Year based upon the number of Residential Units on the Parcel. For example, if a one-acre parcel has commercial uses on the ground floor and 50 apartments on the second and third floors, the Parcel will be tax ed as Multi-Family Residential.

D. ESCALATION OF MAXIMUM SPECIAL TAX

Commencing on July 1, 2027, and each July 1 thereafter, the Maximum Special Tax Rates shown in Section C above shall be increased by applying the percentage increase in the Consumer Price Index (San Francisco-Oakland-Hayward All Urban Consumers) from the prior year (February to February) plus three percent (3.00%).

E. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES

Each Fiscal Year, the Administrator shall determine the Special Tax Requirement for each Tax Zone for that Fiscal Year and levy on all Taxable Pa rcels Proportionately up to 100% of the Maximum Special Tax for each Taxable Parcel for such Fiscal Year until the amount levied is equal to the Special Tax Requiremen t. The Special Tax will be equal to the Maximum Special Tax every Fiscal Year unless otherwise determined by the Administrator.

The Special Tax for CFD No. 2018-2 shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 2018-2.

F. EXEMPTIONS

Special Taxes shall not be levied on Parcels not classified as a Residential Parcel or a Mixed - Use Parcel.

63 G. INTERPRETATION OF SPECIAL TAX FORMULA

Interpretations may be made by the City through an ordinance or resolution of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.

H. TERM OF THE SPECIAL TAX

The Special Tax shall be levied in perpetuity as necessary to pay the Special Tax Requirement.

I. PREPAYMENT OF SPECIAL TAX

The Maximum Special Tax may not be prepaid and shall continue to be levied in accordance with Section E of this Rate and Method of Apportionment on an annual basis on all Taxable Property in CFD No. 2018-2 for the purpose of funding ongoing Authorized Services.

J. REVIEW/APPEALS OF THE SPECIAL TAX

Any property owner who believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the Administrator regarding such error. If following such consultation, the Administrator determines that an error has occurred; the Administrator in consultation with the City Manager shall take any of the following actions to correct the error:

• Amend the Special Tax levy on the property owner's Property Tax Bill for the current Fiscal Year, or

• Have the CFD reimburse the property owner for the amount of overpayment for the current Fiscal Year if CFD funds are available, or

• Grant a credit against, eliminate or reduce the future Special Taxes on the property owner's Assessor's Parcel(s) for overpayment for the current Fiscal Year.

If following such consultation and action (if any by the Administrator), the property owner believes such error still exists, such person may file a written notice with the City Manager appealing the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action (if any by the City Manager), the property owner believes such error still exists, such person may file a written notice with the City Council appealing the amount of the Special Tax levied on such Assessor's Parcel. If the City Council determines an error exists; the Administrator shall take any actions as described above, in order to co rrect the error. The decision of the City Council shall be final and binding to all persons.

64 K. SEVERABILITY

The invalidity or unenforceability of any provisions of this Rate and Method of Apportionment of Special Tax shall not affect the validity or enf orceability of any other provision of this Rate and Method of Apportionment of Special Tax, which shall remain in full force and effect.

65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 SUBJECT:

Adopt a Resolution Authorizing the City Manager to Execute First Amendment to Option and Tower Structure License
Agreement with New Cingular Wireless PCS, LLC extending the agreement an additional twelve (12) months. (Nita
Wracker)
SUBMITTED BY:

Nita Wracker
DEPARTMENT:

City Attorney's Office
DATE:

August 25, 2026

Item Number 12.E

STAFF RECOMMENDATION:

Staff recommend that the City Council adopt a resolution authorizing the City Manager to execute the First Amendment to Option and Tower Structure License agreement with New Cingular Wireless, extending the term an additional twelve (12) months.

BACKGROUND/INTRODUCTION:

The City entered into the Option and Tower Structure License Agreement dated September 10, 2024, with New Cingular Wireless, granting a licensing option to four hundred twenty (420) square feet of ground space located at McBean Park. Agreement includes replacing a standard light pole to accommodate antennas and IT microwave dish as well as new building/structure to house ground equipment and a backup generator. The proposed structure would match existing park buildings.

The design/review process for the modification needed to effectuate the licensing agreement and to begin construction is ongoing. Additionally, the City is evaluating a request for additional easement for PG&E, should that be needed, Council approval will be requested for the easement. It is not uncommon for this type of licensing agreement to require additional time to complete and effectuate.

FINDINGS/ANALYSIS:

The executed Option and Tower Structure License Agreement is attached. The value of the licensing agreement is unchanged from staff’s initial assessment and City Council’s approval in 2024.

STAFF REPORT
92 FISCAL IMPACT:

In consideration of approving the first amendment to the Option and Tower Structure License Agreement, Cingular Wireless will provide the City a payment of one thousand dollars ($1,000). Once the agreement is fully effectuated the City would receive $3,000 monthly (or $36,000 annually) from the lease, with a 3% annual escalator. Over the course of the 25-year term, this would equate to approximately $1.3 million in revenue into the General Fund for the City of Lincoln.

ATTACHMENTS:

Resolution_First_Amendment_Option_and_Tower_Structure_Agreement.docx 15549738_CVL02485_First Amendment to Option Tower Structure License Agreement_08.11.26_PG&E Language_clean.docx
Option and Tower license agreement.pdf
93 Resolution No. 2026-XXX

Page 1 of 2 ends

RESOLUTION 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN

AUTHORIZING THE CITY MANAGER TO EXECUTE FIRST AMENDMENT TO

OPTION AND TOWER STRUCTURE LICENSE AGREEMENT

WHEREAS, the City entered into an Option and Tower Structure License Agreement dated September 10, 2024, with Cingular Wireless, granting a licensing option to four hundred twenty (420) square feet of ground space located at McBean Park; and

WHEREAS, the original agreement includes construction of a new cell site at McBean Park, collocating their antennas and IT microwave dish on a pole with park lights, as well as new equipment building/structure to house ground equipment and a backup generator; and

WHEREAS, the design/review process for the modification needed to effectuate the licensing agreement and begin with the construction is ongoing; and

WHEREAS, in consideration of approving the first amendment to the Option and Tower Structure License Agreem ent, Cingular Wireless will provide the City with a one- time payment of one thousand dollars ($1,000).

NOW THEREFORE BE IT RESOLVED:

Section 1. The City Council of the City of Lincoln authorizes the City Manager to execute the First Amendment to Option and Tower Structure License agreement with New Cingular Wireless, extending the term an additional twelve (12) months.

PASSED AND ADOPTED this 25th day of August, 2026 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________
Richard Pearl, Mayor

ATTEST:

Hope Ithurburn, City Clerk
94 Resolution No. 2026-XXX

Page 2 of 2 ends

95 Market: Northern California
Cell Site Number: CVL02485
Cell Site Name: McBean Park
Search Ring Name: CVL02485 (CA)
Fixed Asset Number: 15549738

FIRST AMENDMENT TO OPTION AND TOWER STRUCTURE LICENSE AGREEMENT

THIS FIRST AMENDMENT TO OPTION AND TOWER STRUCTURE LICENSE AGREEMENT (“First Amendment”), dated as of the latter of the signature dates below (the “First Amendment Effective Date”), is entered into by City of Lincoln, a municipal corporation, having a mailing address of 600 6th St., Lincoln, CA 95648 (“Licensor”), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Boulevard NE, 3rd Floor, Atlanta, GA 30319 (“Licensee”).

RECITALS

WHEREAS, Licensor and Licensee entered into that certain Option and Tower Structure License Agreement dated as of September 10 , 2024 (the “ Agreement”), whereby Licensor leased to Licensee certain Premises, therein described, that are a portion of the real property located at 61 McBean Park Dr., City of Lincoln, in the County of Placer, State of California 95648 [APN:008-330-001-000, 008-330-002- 000, 008-180-004-000, 008-220-009-000] (the “Property”); and

WHEREAS, Licensor and Licensee desire to amend the Agreement to add one (1) additional twelve (12) month Option Term (as defined in Section 1 below); and

WHEREAS, the Parties wish to confirm the easement and access rights associated with the utility route established in the Agreement.

WHEREAS, Licensor and Licensee desire to amend the Agreement to modify the notice section thereof;

NOWTHEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee agree as follows:

1. Extension of Option Term . The Option may be exercised during a n additional option term of twelve (12) months commencing on the First Amendment Effective Date (the “Additional Option Term”).

During the Additional Option Term, Licensee may exercise the Option by notifying Licensor in writing. If Licensee exercises the Option, then Licensor licenses the Premises to Licensee subject to the terms and conditions of the Agreement, as amended by this First Amendment . If Licensee does not ex ercise the Option during the Additional Option Term or any extension thereof, then the Agreement will terminate, and the parties will have no further liability to each other.

2. Consideration. In consideration of Licensor granting Licensee an Additional Option Term, Licensee agrees to pay Licensor the sum of One Thousand and No/100 Dollars ($1, 000.00) within thirty (30) business days of the First Amendment Effective Date.

3. Amendment to Access Provision . Paragraph 12, “Access” is hereby amended to append the following:
96 In addition to the provisions of this Paragraph 12, and for the avoidance of any doubt regarding utility access rights, Landlord grants to Tenant and utility service supplier the right to receive utility services including, but not limited to electric facilities, appurtenances and associated equipment, and the right for the utility service supplier to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect and use said utility facilities, together with the right for the utility service supplier to ingress and egress from said utility facilities across the Property as set forth in Exhibit 1-A.

Landlord grants the right for the utility service supplier to trim or cut down any trees or brush within five (5) feet on each side of the centerline of said utility facilities. In addition, Landlord shall not erect or construct any building or other structure, or drill or operate any well within five (5) feet on each side of the centerline of said utility facilities.

4. Notices. Section 17 (Notices) of the Agreement is hereby deleted in its entirety, and replaced with the following:

Notices. All notices, requests and demands hereunder will be given as follows:

“For Notices of Default to Licensee:
a. To Licensee’s Lease Administration Department by email at [email protected]; and b. To Licensee’s Law Department via first class certified or regis tered mail, return receipt requested or by a nationally recognized overnight courier, postage prepaid, addressed to:

New Cingular Wireless PCS, LLC
Attn.: Legal Dept. – Network Operations
Re: Cell Site #: CVL02485
Cell Site Name: McBean Park (CA)
Fixed Asset #:15549738
208 S. Akard Street
Dallas, TX 75202-4206

All other notices will be sent:
(a) To Licensee’s Lease Administration Department by email at [email protected] with the FA#, Cell Site #, and Cell Site Name in the email subject line. (b) To Licensor at:

City of Lincoln
City Manager600 6th Street
Lincoln, CA 95648

With a copy to:

City of Lincoln
City Attorney
600 6th Street
Lincoln, CA 95648

Notices by email to Tenant’s Lease Administration Department will be effective on the first calendar day it was sent unless the sender receives an automated message that the email has not been delivered. Electronic mail may be sent with a read receipt, bu t a read receipt shall not be required to establish that notice was given and received. All other notices shall be effective when properly sent and received or refused, unless returned undelivered. Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other party hereto as provided herein.

97 5. Other Terms and Conditions Remain . In the event of any inconsistencies between the Agreement and this First Amendment, the terms of this First Amendment shall control. Except as expressly set forth in this First Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment.

6. Capitalized Terms . All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement.

IN WITNESS WHEREOF, the parties have caused this First Amendment to be effective as of the First Amendment Effective Date.

"LICENSOR"

City of Lincoln, a municipal corporation
By: ___________________________

Print Name:___________________

Its: __________________________

Date:__________________________

“LICENSEE”

New Cingular Wireless PCS, LLC,
a Delaware limited liability company

By: AT&T Mobility Corporation
Its: Manager

By:

Print Name:

Its:

Date:

98 Option and Tower Structure License Agreement dated 8.28.2024 Final

Market: Northern California
Cell Site Number: CVL02485
Cell Site Name: McBean Park
Search Ring Name: CVL02485_SR
Fixed Asset Number: 15549738

OPTION AND TOWER STRUCTURE LICENSE AGREEMENT

THIS OPTION AND TOWER STRUCTURE LICENSE AGREEMENT (“Agreement”), dated as of the latter of the signature dates below (the “Effective Date”), is entered into by the City of Lincoln, a municipal corporation, having a mailing address of 600 6th St, Lincoln, CA 95648 (“Licensor”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319 (“Licensee”).

BACKGROUND

Licensor owns or controls that certain plot, parcel or tract of land, as described on Exhibit 1, improved with a tower structure (the “Tower”), together with all rights and privileges arising in connection therewith, having a common street address of 61 McBean Park Dr, City of Lincoln, in the County of Placer, State of California 95648 [APN:008-330-001-000,008-330-002-000,008-180-004-000,008-220-009-000] (collectively, the “Property”). Licensor desires to grant to Licensee the right to use a portion of the Property in accordance with this Agreement.

The parties agree as follows:

1. OPTION TO LICENSE.
(a) Licensor hereby grants to Licensee an option (the “Option”) to license a portion of the Property consisting of:
(i) Approximately four hundred twenty (420) square feet of ground space, as described on attached Exhibit 1, for the placement of Licensee’s equipment (the “Ground Space”); (ii) The portion of the Tower selected by Licensee and dedicated for Licensee’s exclusive use, and consisting of an envelope of ten (10) contiguous vertical feet of space within which any portion of Licensee’s communication equipment and improvements might be located, operated or maintained (the “Primary RAD Space”). The Primary RAD Space includes any area on a horizontal plane, extending in all directions from the Tower, that is perpendicular to such 10-foot vertical envelope and any portion of vertical space on the Tower on which Licensee’s communication equipment is located. The location of the Primary RAD Space is identified in Exhibit 1. At any time during the Term of this Agreement, Licensee may use portions of the Tower outside of, but adjacent to, the Primary RAD Space to accommodate Licensee’s improvements and equipment that extend outside the Primary RAD Space (the “Extended Primary RAD Space”), subject to Licensor’s confirmation that the space is available and that sufficient structural loading capacity is available or can be made available through structural modifications of the Tower. The Primary RAD Space, as it might be expanded by the Extended Primary RAD Space at any time during the Term of this Agreement, shall continue to be referred to as the Primary RAD Space;
(iii) Those certain areas where Licensee’s conduits, wires, cables, cable trays and other necessary connections (and the cables, wires, and other necessary connections and improvements of such third parties related to Licensee, such as Licensee ’s utility providers) are located between the Ground Space or Incremental Ground Space, and the Primary RAD Space or any Additional RAD Space and the electric power, telephone, fiber, and fuel sources for the Property (hereinafter collectively referred to as the “Connection Space”).

Licensor agrees that Licensee shall have the right to install connections between Licensee’s equipment in the Ground Space and Primary RAD Space; and between Licensee’s equipment in the Ground Space and the electric power, telephone, and fuel sources for the Property, and any other improvements. Licensor further agrees that Licensee shall have the right to install, replace and maintain utility lines, wires, poles, cables, conduits, pipes and other necessary connections over or along any right -of-way extending from the aforementioned public right -of- Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 99335
2 Option and Tower Structure License Agreement dated 8.28.2024 Final way to the Premises. The Ground Space, Primary RAD Space, and Connection Space, are hereinafter collectively referred to as the “Premises.”
(b) During the Option period and any extension thereof, and during the term of this Agreement, Licensee and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings , drainage testing, material sampling, radio frequency testing and other geological or engineering tests or studies of the Property (collectively, the "Tests"), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Licensee’s sole discretion for its use of the Premises and include, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of Licensee, are necessary in Licensee ’s sole discretion to determine the physical condition of the Property, the environmental history of the Property, Licensor’s title to the Property and the feasibility or suitability of the Property for Licensee’s Permitted Use, all at Licensee’s expense. Licensee will not be liable to Licensor or any third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Licensee’s inspection. Licensee will restore the Property to its condition as it existed at the commencement of the Initial Option Term (as defined below), reasonable wear and tear and casualty or other causes beyond Licensee’s control excepted. (c) In consideration of Licensor granting Licensee the Option, Licensee agrees to pay Licensor the sum of One Thousand and No/100 Dollars ($1,000.00) within thirty (30) business days of the Effective Date. The Option will be for an initial term of one (1) year commencing on the Effective Date (the "Initial Option Term") and may be renewed by Licensee for an additional one (1) year upon written notification to Licensor and the payment of an additional One Thousand and No/100 Dollars ($1,000.00) no later than ten (10) days prior to the expiration date of the Initial Option Term. The Initial Option Term and any Renewal Option Term are collectively referred to as the “Option Term.”
(d) The Option may be sold, assigned or transferred at any time by Licensee without the written consent of Licensor. Upon notification to Licensor of such sale, assignment or transfer, Licensee shall immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due, without any further action.
(e) During the Initial Option Term and any extension thereof, Licensee may exercise the Option by notifying Licensor in writing. If Licensee exercises the Option, then Licensor licenses the Premises to the Licensee subject to the terms and conditions of this Agreement. If Licensee does not exercise the Option during the Initial Option Term or any extension thereof, this Agreement will terminate and the parties will have no further liability to each other.
(f) If during the Option Term, or during the Term if the Option is exercised, Licensor decides to subdivide, sell, or change the status of the zoning of the Premises, the Property or any of Licensor ’s contiguous, adjoining or surrounding property (the “Surrounding Property”), or in the event of a threatened foreclosure on any of the foregoing, Licensor shall immediately notify Licensee in writing. Licensor agrees that during the Option Term, or during the Term if the Option is exercised, Licensor shall not initiate or consent to any change in the zoning of the Premises, the Property or the Surrounding Property or impose or consent to any other use or restriction that would prevent or limit Licensee from using the Premises for the Permitted Use. Any and all terms and conditions of this Agreement that by their sense and context are intended to be applicable during the Option Term shall be so applicable.

2. PERMITTED USE.
(a) Licensee may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of communications fixtures and related equipment, cables, accessories and improvements , which may include a suitable support structure, associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (the “Communication Facility” or “Communication Facilities”), as well as the right to test, survey and review title on the Property; Licensee further has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services ( collectively, the Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 100336
3 Option and Tower Structure License Agreement dated 8.28.2024 Final “Permitted Use”). Licensor and Licensee agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Licensee’s Permitted Use. If Exhibit 1 includes drawings of the initial installation of the Communication Facility, Licensor ’s execution of this Agreement will signify Licensor’s approval of Exhibit 1 . For a period of ninety (90) days following the start of construction, Licensor grants Licensee, its licensees and sublicensees, the right to use such portions of the Licensor ’s Surrounding Property as may reasonably be required during construction and installation of the Communication Facility. Licensee has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property’s main entry point to the equipm ent shelter or cabinet, install a generator and to make other improvements, alterations, upgrades or additions appropriate for Licensee’s Permitted Use, including the right to construct a fence around the Premises or equipment, install warning signs to make individuals aware of risks, install protective barriers, install any other control measures reasonably required by Licensee’s safety procedures or applicable law, and undertake any other appropriate means to secure the Premises or equipment at Licensee’s expense. Licensee may install, modify, supplement, replace, upgrade, expand the Communication Facility (including, for example, increasing the num ber of antennas or adding microwave dishes) or relocate the Communication Facility within the Premises at any time during the Term, with approval by Licensor, which such approval shall not be unreasonably withheld, delayed or conditioned. Licensee may also be allowed to make such alterations to the Property in order to ensure that the Communication Facility complies with all applicable federal, state or local laws, rules or regulations.
(b) Licensor agrees that Licensee may use and occupy additional space on the Tower at any additional RAD center(s) (each, an “Additional RAD,” and the additional space that Licensee uses or occupies, the “Additional RAD Space ”) upon the same terms and conditions set forth herein, provided that such space is available or becomes available and subject to Licensee ’s confirmation that sufficient structural loading capacity is available or can be made available through structural modification of the Tower. Additional RAD Space includes any area on a horizontal plane, extending in all directions from the Tower, that is perpendicular to any portion of vertical space on the Tower on which the incremental equipment is located, operated, or maintained.

3. TERM.
(a) The initial license term will be five (5) years (the “Initial Term”), commencing on the effective date of written notification by Licensee to Licensor of Licensee’s exercise of the Option (the “ Term Commencement Date ”). The Initial Term will terminate on the fifth (5th) anniversary of the Term Commencement Date.
(b) This Agreement will automatically renew for four (4) additional five (5 ) year term(s) (each additional five (5) year term shall be defined as an “Extension Term”), upon the same terms and conditions set forth herein unless Licensee notifies Licensor in writing of Licensee’s intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or the then-existing Extension Term. (c) Unless (i) Licensor or Licensee notifies the other in writing of its intention to terminate this Agreement at least six (6) months prior to the expiration of the final Extension Term, or (ii) the Agreement is terminated as otherwise permitted by this Agreement prior to the end of the final Extension Term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter (“Annual Term”) until terminated by either party hereto by giving to the other party hereto written notice of its intention to so terminate at least six (6) months prior to the end of any such Annual Term. Monthly Rent during such Annual T erms shall be equal to the R ent paid for the last month of the final Extension Term. If Licensee remains in possession of the Premises after the termination of this Agreement, then Licensee will be deemed to be occupying the Premises on a month-to-month basis (the “Holdover Term”), subject to the terms and conditions of this Agreement.
(d) The Initial Term, any Extension Term s, any Annual Terms and any Holdover Term are collectively referred to as the “Term.” Notwithstanding anything to the contrary contained in this Agreement, neither the licenses granted to Licensee in this Agreement nor this Agreement are revocable at will, and may only be terminated in accordance with the terms specified in this Agreement.

4. RENT.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 101337
4 Option and Tower Structure License Agreement dated 8.28.2024 Final (a) Commencing on the first day of the month following the date that Licensee commences construction (the “Rent Commencement Date”), Licensee will pay Licensor on or before the fifth (5 th) day of each calendar month in advance, Three Thousand and No/100 Dollars ($3,000.00) (the “Rent”), at the address set forth above. In any partial month occurring after the Rent Commencement Date, the Rent will be prorated. The initial Rent payment will be forwarded by Licensee to Licensor within ninety (90) days after the Rent Commencement Date.
(b) In the event that Licensee uses or occupies an Additional RAD, Rent shall be increased by Two Hundred Fifty and No/100 Dollars ($250.00) per month per each Additional RAD (the “Additional RAD Rent”).

The initial amount of Additional RAD Rent shall be subject to adjustment as provided in Section 4(e) of this Agreement.
(c) In year two (2) of the Initial Term, and each year thereafter, including throughout any Extension Terms exercised, the monthly Rent will increase by T hree Percent (3%) over the Rent paid during the previous year.
(d) All charges payable under this Agreement such as utilities and taxes shall be billed by Licensor within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Licensor, and shall not be payable by Licensee . The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Licensor. The provisions of this subsection shall survive the termination or expiration of this Agreement.

5. APPROVALS.
(a) Licensor agrees that Licensee’s ability to use the Premises is contingent upon the suitability of the Premises and Property for the Permitted Use and Licensee’s ability to obtain and maintain all Government Approvals. Licensor authorizes Licensee to prepare, execute and file all required applications to obtain Government Approvals for the Permitted Use and agrees to reasonably assist Licensee with such applications and with obtaining and maintaining the Government Approvals. (b) Licensee has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. (c) Licensee may also perform and obtain, at Licensee’s sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Licensee ’s use of the Premises will be compatible with Licensee’s engineering specifications, system, design, operations or Government Approvals.

6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows:
(a) by either party on thirty (30) days prior written notice, if the other party remains in default under Section 15 of this Agreement after the applicable cure periods. (b) by Licensee upon written notice to Licensor, if Licensee is unable to obtain , or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Licensee; or if Licensee determines, in its sole discretion that the cost of or delay in obtaining or retaining the same is commercially unreasonable;
(c) by Licensee, upon written notice to Licensor, if Licensee determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory for its intended uses; (d) by Licensee upon written notice to Licensor for any reason or no reason , at any time prior to commencement of construction by Licensee; or
(e) by Licensee upon sixty (60) days’ prior written notice to Licensor for any reason or no reason, so long as Licensee pays Licensor a termination fee equal to three (3) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Licensee under any termination provision contained in any other section of this Agreement, including the following: Section 5 Approvals, Section 6(a) Termination, Section 6(b) Termination, Section 6(c) Termination, Section 6(d) Termination, Section 11(d) Environmental, Section 18 Condemnation or Section 19 Casualty.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 102338
5 Option and Tower Structure License Agreement dated 8.28.2024 Final

7. INSURANCE. Licensee shall carry and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Licensee’s operation and use of the leased premises. The cost of such insurance shall be borne by the Licensee. (a) SCOPE AND LIMIT OF INSURANCE. Coverage shall be as:
(i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits of $2,000,000 per occurrence and $4,000,000 general aggregate.
(ii) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits of $1,000,000 per accident for bodily injury or disease and policy limit. (This applies to lessees with employees). (iii) Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision. Licensee self-insures this risk. (b) OTHER INSURANCE PROVISIONS. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(i) Additional Insured Status. The Licensor, its officers, officials and employees are to be included as additional insureds by endorsement on the CGL policy with respect to liability caused, in whole or in part, by work or operations performed by or on behalf of the Licensee in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). (ii) P
rimary Coverage . For any claims related to this contract, the Licensee’s insurance CGL coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 as respects the Licensor , its officers, officials and employees. Any insurance or self -insurance maintained by the Licensor, its officers, officials and employees shall be excess of the Licensee ’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies if required to meet the required limits. (iii) U mbrella or Excess Policy . The Licensee may use any combination of Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, primary and non-contributory, additional insured and defense requirements. (iv) N
otice of Cancellation. Licensee will provide a least thirty (30) days written notice to Licensor of cancellation of any required coverage that is not replaced. (v) W aiver of Subrogation . To the extent permitted by law, Licensee hereby grants to Licensor a waiver of any right to subrogation which any insurer of said Licensee may acquire against the Licensor by virtue of the payment of any loss under such insurance. Licensee agrees to carry any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Licensor has received a waiver of subrogation endorsement from the insurer , except for Licensee’s self-insured property coverage where Licensee shall include Licensor as joint loss payee in lieu of waiver of subrogation and such status as joint loss payee shall void the requirement for waiver of subrogation for Licensee ’s self -insured property coverage.
(vi) Se lf -Insured Retentions. Any and all SIRs shall be the sole responsibility of Licensee who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible.
(vii) A cceptability of Insurers . Insurance is to be placed with insurers eligible to conduct business in the state with a current A.M. Best’s rating of no less than A-:VII. (viii) V erification of Coverage . Licensee shall furnish the Licensor with certificates of insurance and amendatory endorsements of coverage required by this clause. However, failure to carry the required documents prior to the work beginning shall not waive the Licensee’s obligation to provide them. (ix) S pecial Risks or Circumstances. Licensor reserves the right, but not more frequent than once every five (5) years and upon at least sixty (60) days written notice to Licensee, to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances, Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 103339
6 Option and Tower Structure License Agreement dated 8.28.2024 Final of comparable buildings in the vicinity of the building are generally requiring Licensees leasing space comparable in size to the Licensed Premises and in such comparable buildings to maintain higher levels of coverage.

8. INTERFERENCE.
(a) Prior to or concurrent with the execution of this Agreement, Licensor has provided or will provide Licensee with a list of radio frequency user(s) and frequencies used on the Property as of the Effective Date.

Licensee warrants that its use of the Premises will not interfere with those existing radio frequency uses on the Property, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Licensor will not grant, after the Effective Date, a lease, license or any other right to any third party, if the exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Licensee or the rights of Licensee under this Agreement. Licensor will notify Licensee in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c) Licensor will not, nor will Licensor permit its employees, tenants, licensees, invitees, agents or independent contractors to interfere in any way with the Communication Facility, the operations of Licensee or the rights of Licensee under this Agreement. Licensor will cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Licensee. In the event any such interference does not cease within the aforementioned cure period, Licensor shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected.
(d) For the purposes of this Agreement, “interference” may include, but is not limited to, any use on the Property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Communication Facility.

9. INDEMNIFICATION.
(a) Licensee agrees to indemnify, defend and hold Licensor harmless from and against any and all injury, loss, damage or liability, costs or expenses in connection with a third party claim (including reasonable attorneys’ fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Licensee’s breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Licensor , its employees, invitees, agents or independent contractors.
(b) Licensor agrees to indemnify, defend and hold Licensee harmless from and against any and all injury, loss, damage or liability , costs or expenses in connection with a third party claim (including reasonable attorneys’ fees and court costs) arising directly from the actions or failure to act of Licensor , its employees, invitees, agents or independent contractors, or Licensor’s breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Licensee, its employees, agents or independent contractors.
(c) The indemnified party: (i) shall promptly provide the indemnifying party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section 9 and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and (iii) shall fully cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except (1) to the extent the indemnifying party can show it w as prejudiced by the delay; and (2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given
.

10. WARRANTIES.
(a) Licensee and Licensor (to the extent not a natural person) each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power , and authority or capacity, as applicable, to enter into this Agreement and bind itself hereto through the party or individual set forth as signatory for the party below.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 104340
7 Option and Tower Structure License Agreement dated 8.28.2024 Final (b) Licensor represents, warrants and agrees that: (i) Licensor solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license and solely owns the Tower; (ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Licensee’s Permitted Use and enjoyment of the Premises under this Agreement; (iii) Licensor grants to Licensee sole, actual, quiet and peaceful use, enjoyment and possession of the Premises in accordance with the terms of this Agreement without hindrance or ejection by any persons lawfully claiming under Licensor; (iv) Licensor’s execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Licensor; and (v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, then Licensor will provide promptly to Licensee a mutually agreeable subordination, non-disturbance and attornment agreement executed by Licensor and the holder of such security interest.

11. ENVIRONMENTAL.
(a) Licensor represents and warrants, except as may be identified in Exhibit 11 attached to this Agreement, (i) the Property , as of the Effective Date, is free of hazardous substances, including asbestos - containing materials and lead paint, and (ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Licensor and Licensee agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party’s activity conducted in or on the Property. (b) Licensor and Licensee agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding ( “Claims”), to the extent arising from that party’s breach of its obligations or representations under Section 11(a). Licensor agrees to hold harmless and indemnify Licensee from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Licensor for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the Effective Date or from such contamination caused by the acts or omissions of Licensor during the Term. Licensee agrees to hold harmless and indemnify Licensor from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Licensee for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Licensee.
(c) The indemnification provisions contained in this Section 11 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 11 will survive the expiration or termination of this Agreement. (d) In the event Licensee becomes aware of any hazardous materials on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Licensee’s sole determination, renders the condition of the Premises or Property unsuitable for Licensee ’s use, or if Licensee believes that the leasing or continued leasing of the Premises would expose Licensee to undue risks of liability to a government agency or other third party, then Licensee will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Licensor.

12. ACCESS. At all times throughout the Term of this Agreement, Licensee and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedestrian and vehicular access (“Access”) to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. As may be described more fully in Exhibit 1, Licensor grants to Licensee such Access and Licensor agrees to provide to Licensee such codes, keys and other instruments necessary for such Access. Licensor shall execute a letter granting Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 105341
8 Option and Tower Structure License Agreement dated 8.28.2024 Final Licensee Access to the Property substantially in the form attached as Exhibit 12; upon Licensee’s request, Licensor shall execute additional letters during the Term. If Licensee elects to utilize an Unmanned Aircraft System (“UAS”) in connection with its installation, construction, monitoring, site audits, inspections, maintenance, repair, modification, or alteration activities at the Property, Licensor hereby grants Licensee, or any UAS operator acting on Licensee’s behalf, express permission to fly over the applicable Property and Premises, and consents to the use of audio and video navigation and recording in connection with the use of the UAS . Licensor acknowledges that in the event Licensee cannot obtain Access to the Premises, Licensee shall incur significant damage. If Licensor fails to provide the Access granted by this Section 12, such failure shall be a default under this Agreement. In connection with such default, in addition to any other rights or remedies available to Licensee under this Agreement or at law or equity, Licensor shall pay Licensee, as liquidated damages and not as a penalty, $500.00 per day in consideration of Licensee’s damages until Licensor cures such default. Licensor and Licensee agree that Licensee’s damages in the event of a denial of Access are difficult, if not impossible, to ascertain, and the liquidated damages set forth above are a reasonable approximation of such damages.

13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Licensee will be and remain Licensee ’s personal property and, at Licensee’s option, may be removed by Licensee at any time during or after the Term. Licensor covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Licensee will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Licensor that all improvements of every kind and nature constructed, erected or placed by Licensee on the Premises will be and remain the property of Licensee and may be removed by Licensee at any time during or after the Term. Licensee will repair any damage to the Property resulting from Licensee’s removal activities. Any portions of the Communication Facility that Licensee does not remove within one hundred twenty (120) days after the later of the end of the Term and cessation of Licensee’s operations at the Premises shall be deemed abandoned and owned by Licensor. Licensee will also be responsible for the replacement of any trees, shrubs or other vegetation substantially damaged as a result of Licensee’s removal activities.

14. MAINTENANCE/UTILITIES.
(a) Licensee will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted.
(b) Licensor will maintain and repair the Property and access thereto, the Tower, and all areas of the Premises where Licensee does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Licensor will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Licensee as a condition of this Agreement or any required permit.

Licensor shall maintain the Tower’s structural integrity at all times (which shall mean that at no time will Licensor allow the Tower’s condition to become, or remain, overstressed under the applicable structural standards set forth in the then-current version of the ANSI TIA-222). Licensor shall at all times during the Term of this Agreement reserve and have ready for Licensee’s immediate use sufficient structural loading capacity on the Tower to support Licensee’s installation of up to thirty-five thousand square inches (35,000 sq. in.) of Wind Load Surface Area, in the aggregate, of Communication Facilities anywhere on the Tower (the “Allowed Wind Load Surface Area”). “Wind Load Surface Area ” means the Flat Plate Equivalent Area, as defined in ANSI TIA standards, of any appurtenance (excluding all mounts, platforms, cables and other non-operating equipment) at ninety degrees (90º) perpendicular to wind direction, possessing the characteristics of flat material, with associated drag factors.

Licensor shall be responsible for the costs of all structural modifications to the Tower ; provided that Licensee shall be responsible for the costs of all structural modifications to the Tower required to provide the Allowed Wind Load Surface Area for the Communication Facility, including the costs of related Government Approvals or other approvals, to support the Allowed Wind Load Surface Area. In the event that Licensee has used the Allowed Wind Load Surface Area and an installation of Communication Facilities within the Primary RAD Space will require structural modifications to comply with the Structural Standards , Licensee will pay Licensor for the portion of the structural modifications that is necessary to support Licensee ’s loading in excess of the Allowed Wind Load Surface Area. In the event that Licensee has used the Allowed Wind Load Surface Area and an installation of Communication Facilities within the Additional RAD Space will require structural modifications Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 106342
9 Option and Tower Structure License Agreement dated 8.28.2024 Final to comply with the Structural Standards, Licensee may , in its sole discretion, pay Licensor either (i) the portion of the structural modifications that is necessary to support Licensee’s loading in excess of the Allowed Wind Load Surface Area; or (ii) an incremental increase in Rent in accordance with Section 4(d) of this Agreement. In no event shall Licensee be responsible for Tower modification costs to support the installations of other licensees or for the Tower to comply with applicable law so long as Licensee’s installation is within the Allowed Wind Load Surface Area.
(c) Licensee will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Licensee on the Premises. In the event Licensee cannot secure its own metered electrical supply, Licensee will have the right, at its own cost and expense, to sub-meter from Licensor. When sub-metering is required under this Agreement, Licensor will read the meter and provide Licensee with an invoice and usage data on a monthly basis. Licensee shall reimburse Licensor for such utility usage at the same rate charged to Licensor by the utility service provider. Licensor further agrees to provide the usage data and invoice on forms provided by Licensee and to send such forms to such address and/or agent designated by Licensee. Licensee will remit payment within sixty (60) days of receipt of the usage data and required forms. Licensor shall maintain accurate and detailed records of all utility expenses, invoices and payments applicable to Licensee’s reimbursement obligations hereunder. Within fifteen (15) days after a request from Licensee, Licensor shall provide copies of such utility billing records to the Licensee in the form of copies of invoices, contracts and cancelled checks. If the utility billing records reflect an overpayment by Licensee, Licensee shall have the right to deduct the amount of such overpayment from any monies due to Licensor from Licensee.
(d) As noted in Section 4 (d) above, any utility fee recovery by Licensor is limited to a twelve (12) month period. If Licensee sub-meters electricity from Licensor, Licensor agrees to give Licensee at least twenty- four ( 24) hours advance notice of any planned interruptions of said electricity. Licensor acknowledges that Licensee provides a communication service which requires electrical power to operate and must operate twenty- four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Licensee’s reasonable determination, Licensor agrees to allow Licensee the right to bring in a temporary source of power for the duration of the interruption. Licensor will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Licensor, of such services to be furnished or supplied by Licensor. (e) Licensee will have the right to install utilities, at Licensee’s expense, and to improve present utilities on the Property and the Premises. Licensor shall grant to any service company providing utility or similar services, including electric power and telecommunications, the necessary access rights over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such service companies may from time to time require in order to provide such services to the Premises.

Upon service company’s request, Licensor will execute a separate recordable easement evidencing this grant, at no cost to Licensee or the service company.

15. DEFAULT AND RIGHT TO CURE.
(a) The following will be deemed a default by Licensee and a breach of this Agreement: (i) non- payment of Rent if such Rent remains unpaid for more than thirty (30) days after written notice from Licensor of such failure to pay; or (ii) Licensee’s failure to perform any other term or condition under this Agreement within forty-five (45) days after written notice from Licensor specifying the failure. No such failure, however, will be deemed to exist if Licensee has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Licensee. If Licensee remains in default beyond any applicable cure period, then Licensor will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Licensor and a breach of this Agreement: (i) Licensor’s failure to provide Access to the Premises as required by Section 12 within twenty-four (24) hours after written notice of such failure; (ii) Licensor’s failure to cure an interference problem as required by Section 8 of this Agreement within twenty-four (24) hours after written notice of such failure; or (iii) Licensor’s failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty- five (45) days after written notice from Licensee specifying the failure. No such failure, however, will be deemed to exist Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 107343
10 Option and Tower Structure License Agreement dated 8.28.2024 Final if Licensor has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Licensor. If Licensor remains in default beyond any applicable cure period, Licensee will have: (i) the right to cure Licensor’s default and to deduct the costs of such cure from any monies due to Licensor from Licensee, and (ii) any and all other rights available to it under law and equity.

16. ASSIGNMENT/SUBLEASE.
(a) Licensee will have the right to assign, sell or transfer (“Transfer”) its interest under this Agreement, in whole or in part, without Licensor’s consent, only to: (i) an Affiliate of Licensee, or (ii) any entity that acquires all or substantially all of Licensee’s assets in the market, as defined by the Federal Communications Commission, in which the Property is located. Upon notification to Licensor of such Transfer, the assignor will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such Transfer. Licensee will also have the right to sublease or license the Premises, in whole or in part, without Licensor’s consent, only to an Affiliate of Licensee. Licensee shall not otherwise have the right to Transfer this Agreement, or sublease or license the Premises, without Licensor’s prior written consent. (b) Upon Licensor’s approval of Licensee’s request to sublease or license any portion of Licensee’s Premises to a third party (other than to an Affiliate of Licensee ) (each such non- Affiliate third party, a “Subsequent User”), then Licensee shall include a condition in its sublicense, license or other use agreement with each Subsequent User, that the Subsequent User must enter into a separate lease, license or other agreement with Licensor for separate ground space on the Property and/or Tower space. Licensor and Licensee confirm that the foregoing obligation shall not apply to any sublicense, license or other use agreement between Licensee and any Affiliate of Licensee. For the avoidance of doubt, Licensor shall be entitled to all rent or fees derived from Licensor’s separate leasing or licensing of ground space and Tower space to a Subsequent User, and Licensee shall be entitled to all rent or fees derived from Licensee’s subleasing or licensing its space within its Premises.

Licensor covenants and agrees that it shall make such additional ground and/or Tower space available to each Subsequent User to the extent that space is reasonably available and otherwise on terms and conditions reasonably comparable to those contained in this Agreement. Licensor and Licensee agree to cooperate with each other in good faith to effectively and efficiently carry out the provisions of this section regarding the potential for sublicensing or licensing of space to Subsequent Users. Any sublicense or license that is entered into by Licensee shall be subject to the provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective parties hereto.

17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties hereto as follows:

If to Licensee: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site #: CVL02485; Cell Site Name: McBean Park (CA) Fixed Asset #: 15549738
1025 Lenox Park Blvd NE , 3
rd Floor
Atlanta, GA 30319

With a copy to: New Cingular Wireless PCS, LLC
Attn.: Legal Dept – Network Operations
Re: Cell Site #: CVL02485; Cell Site Name: McBean Park (CA) Fixed Asset #: 15549738
208 S. Akard Street
Dallas, TX 75202-4206

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 108344
11 Option and Tower Structure License Agreement dated 8.28.2024 Final If to Licensor: City of Lincoln
Parks and Recreation Dept.
600 6th St.

Lincoln, CA 95648

With a copy to: City of Lincoln
City Attorney’s Office
600 6th St.

Lincoln, CA 95648

Either party hereto may change the place for the giving of notice to it by thirty (30) days ’ prior written notice to the other party hereto as provided herein.

18. CONDEMNATION. In the event Licensor receives notification of any condemnation proceedings affecting the Property, Licensor will provide notice of the proceeding to Licensee within twenty-four (24) hours.

If a condemning authority takes all of the Property, or a portion sufficient, in Licensee’s sole determination, to render the Premises unsuitable for Licensee, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Licensee will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. Licensee will be entitled to reimbursement for any prepaid Rent on a pro rata basis.

19. CASUALTY. Licensor will provide notice to Licensee of any casualty or other harm affecting the Property within twenty-four (24) hours of the casualty or other harm. If any part of the Communication Facility or the Property is damaged by casualty or other harm as to render the Premises unsuitable, in Licensee ’s sole determination, then Licensee may terminate this Agreement by providing written notice to Licensor , which termination will be effective as of the date of such casualty or other harm. Upon such termination, Licensee will be entitled to collect all insurance proceeds payable to Licensee on account thereof and to be reimbursed for any prepaid Rent on a pro rata basis. Licensor agrees to permit Licensee to place temporary transmission and reception facilities on the Property, but only until such time as Licensee is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Licensor or Licensee undertakes to rebuild or restore the Premises and/or the Communication Facility, as applicable, Licensor agrees to permit Licensee to place temporary transmission and reception facilities on the Property until the reconstruction of the Premises and/or the Communication Facility is completed. If Licensor determines not to rebuild or restore the Property, Licensor will notify Licensee of such determination within sixty (60) days after the casualty or other harm. If Licensor does not so notify Licensee and Licensee decides not to terminate under this Section 19, then Licensor will promptly rebuild or restore any portion of the Property interfering with or required for Licensee’s Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Licensor agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored, unless Licensee places temporary transmission and reception facilities on the Property.

20. WAIVER OF LICENSOR’S LIENS. Licensor waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any porti on is deemed real or personal property under applicable law; Licensor consents to Licensee’s right to remove all or any portion of the Communication Facility from time to time in Licensee’s sole discretion and without Licensor’s consent.

21. TAXES.
(a) Licensor shall be responsible for (i) all taxes and assessments levied upon the lands, improvements and other property of Licensor including any such taxes that may be calculated by a taxing authority using any method, including the income method, (ii) all sales, use, license, value added, documentary, stamp, Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 109345
12 Option and Tower Structure License Agreement dated 8.28.2024 Final gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with this Agreement, and (iii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with a sale of the Property or assignment of Rent payments by Licensor. Licensee shall be responsible for (y) any taxes and assessments attributab le to and levied upon Licensee ’s leasehold improvements on the Premises if and as set forth in this Section 21, and (z) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with an assignment of this Agreement or sublease by Licensee.

Nothing herein shall require Licensee to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Licensor.
(b) In the event Licensor receives a notice of assessment with respect to which taxes or assessments are imposed on Licensee’s leasehold improvements on the Premises, Licensor shall provide Licensee with copies of each such notice immediately upon receipt, but in no event later than thirty (30) days after the date of such notice of assessment. If Licensor does not provide such notice or notices to Licensee in a timely manner and Licensee’s rights with respect to such taxes are prejudiced by the delay, Licensor shall reimburse Licensee for any increased costs directly resulting from the delay and Licensor shall be responsible for payment of the tax or assessment set forth in the notice, and Licensor shall not have the right to reimbursement of such amount from Licensee. If Licensor provides a notice of assessment to Licensee within such time period and requests reimbursement from Licensee as set forth below, then Licensee shall reimburse Licensor for the tax or assessments identified on the notice of assessment on Licensee’s leasehold improvements, which has been paid by Licensor .

If Licensor seeks reimbursement from Licensee, Licensor shall, no later than thirty (30) days after Licensor’s payment of the taxes or assessments for the assessed tax year, provide Licensee with written notice including evidence that Licensor has timely paid same, and Licensor shall provide to Licensee any other documentation reasonably requested by Licensee to allow Licensee to evaluate the payment and to reimburse Licensor. (c) For any tax amount for which Licensee is responsible under this Agreement, Licensee shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or ta ke such other steps as permitted by law. This right shall include the ability to institute any legal, regulatory or informal action in the name of Licensor , Licensee, or both, with respect to the valuation of the Premises. Licensor shall cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Licensee and any refunds or rebates secured as a result of Licensee’s action shall belong to Licensee, to the extent the amounts were originally paid by Licensee. In the event Licensee notifies Licensor by the due date for assessment of Licensee ’s intent to contest the assessment, Licensor shall not pay the assessment pending conclusion of the contest, unless required by applicable law. (d) Licensee shall not split or cause the tax parcel on which the Premises are located to be split, bifurcated, separated or divided without the prior written consent of Licensor. (e) Licensee shall have the right but not the obligation to pay any taxes due by Licensor hereunder if Licensor fails to timely do so, in addition to any other rights or remedies of Licensee. In the event that Licensee exercises its rights under this Section 21(e) due to such Licensor default, Licensee shall have the right to deduct such tax amounts paid from any monies due to Licensor from Licensee as provided in Section 15(b) of this Agreement, provided that Licensee may exercise such right without having provided to Licensor notice and the opportunity to cure per Section 15(b).
(f) Any tax- related notices shall be sent to Licensee in the manner set forth in Section 17. Promptly after the Effective Date, Licensor shall provide Licensee’s address to the taxing authority for the authority’s use in the event the authority needs to communicate with Licensee. In the event that Licensee’s tax address changes by notice to Licensor, Licensor shall be required to provide Licensee’s new tax address to the taxing authority or authorities.
(g) Notwithstanding anything to the contrary contained in this Section 21, Licensee shall have no obligation to reimburse any tax or assessment for which the Licensor is reimbursed or rebated by a third party.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 110346
13 Option and Tower Structure License Agreement dated 8.28.2024 Final

22. SALE OF PROPERTY.
(a) Licensor may sell the Property or a portion thereof to a third party, provided: (i) the sale is made subject to the terms of this Agreement; and (ii) if the sale does not include the assignment of Licensor’s full interest in this Agreement, the purchaser must agree to perform, without requiring compensation from Licensee or any sublicensee, any obligation of Licensor under this Agreement, including Licensor’s obligation to cooperate with Licensee as provided hereunder.
(b) If Licensor, at any time during the Term of this Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property, to a purchaser other than Licensee, Licensor shall promptly notify Licensee in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Licensee’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Licensor or its successor shall send the documents listed below in this Section 22(b) to Licensee. Until Licensee receives all such documents, Licensee’s failure to make payments under this Agreement shall not be an event of default and Licensee reserves the right to hold payments due under this Agreement.

i. Old deed to Property
ii. New deed to Property
iii. Bill of Sale or Transfer
iv. Copy of current Tax Bill
v. New IRS Form W-9 and CA FTB Form 590
vi. Completed and Signed Licensee Payment Direction Form vii. Full contact information for new Licensor including phone number(s)

(c) Licensor agrees not to sell, lease or use any areas of the Property for the installation, operation or maintenance of other wireless communication facilities if such installation, operation or maintenance would interfere with Licensee’s Permitted Use or communications equipment as determined by radio propagation tests performed by Licensee in its sole discretion . Licensor or Licensor’s prospective purchaser shall reimburse Licensee for any costs and expenses of such testing. If the radio frequency pr opagation tests demonstrate levels of interference unacceptable to Licensee, Licensor shall be prohibited from selling, leasing or using any areas of the Property for purposes of any installation, operation or maintenance of any other wireless communication facility or equipment.
(d) The provisions of this Section 22 shall in no way limit or impair the obligations of Licensor under this Agreement, including interference and access obligations.

23. RIGHT OF FIRST REFUSAL. Intentionally deleted.

24. MISCELLANEOUS.
(a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Licensor and Licensee. No provision may be waived except in a writing signed by both parties. The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter.
(b) Memorandum of License. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum of License substantially in the form attached as Exhibit 24(b). Either party may record this Memorandum of License at any time during the Term, in its absolute discretion. Thereafter during the Term, either party will, at any time upon fifteen (15) business days’ prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of License. (c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Licensee and Licensor each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 111347
14 Option and Tower Structure License Agreement dated 8.28.2024 Final (d) Compliance with Law. Licensee agrees to comply with all federal, state and local laws, orders, rules and regulations (“ Laws”) applicable to Licensee’s use of the Communication Facility on the Property.

Licensor agrees to comply with all Laws relating to Licensor ’s ownership and use of the Property and any improvements on the Property.
(e) Bind and Benefit . The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns.
(f) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Exhibits are numbered to correspond to the section wherein they are first referenced. Except as otherwise stated in this Agreement , each party shall bear its own fees and expenses (including the fees and expenses of its agents, brokers, representatives, attorneys, and accountants) incurred in connection with the negotiation, drafting, execution and performance of this Agreement and the transactions it contemplates.
(g) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law.
(h) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term “including” will be interpreted to mean “including but not limited to”; (iii) whenever a party’s consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of this Agreement and are incorporated by reference into this Agreement; (v) use of the terms “termination” or “expiration” are interchangeable; (vi) reference to a default will take into consideration any applicable notice, grace and cure periods ; (vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement; (viii) the singular use of words includes the plural where appropriate; and (ix) if any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired.
(i) Affiliates. All references to “Licensee” shall be deemed to include any Affiliate of New Cingular Wireless PCS, LLC using the Premises for any Permitted Use or otherwise exercising the rights of Licensee pursuant to this Agreement. “Affiliate” means with respect to a party to this Agreement, any person or entity that (directly or indirectly) controls, is controlled by, or under common control with, that party. “Control” of a person or entity means the power (directly or indirectly) to direct t he management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise. (j) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive. (k) W-9/FTB 590. As a condition precedent to payment, Licensor agrees to provide Licensee with both a completed IRS Form W-9 and CA FTB Form 590, or their respective equivalents, upon execution of this Agreement and at such other times as may be reasonably requested by Licensee, including any change in Licensor’s name or address. A copy of the IRS Form W -9 and CA FTB Form 590 in their current forms are attached hereto as Exhibit 24(k).
(l) Execution/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Licensor and Licensee. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart. (m) Attorneys’ Fees. In the event that any dispute between the parties related to this Agreement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of th e prevailing party, including reasonable attorneys ’ Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 112348
15 Option and Tower Structure License Agreement dated 8.28.2024 Final fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Licensor, Licensee and their respective Affiliates to recover their fees and expenses. (n) WAIVER OF JURY TRIAL . EACH PARTY, TO THE EXTENT PERMITTED BY LAW,

KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN

ANY ACTION OR PROCEEDING UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES. (o) No Additional Fees/Incidental Fees. Unless otherwise specified in this Agreement, all rights and obligations set forth in the Agreement shall be provided by Licensor and/or Licensee, as the case may be, at no additional cost. No unilateral fees or additional costs or expenses are to be applied by either party to the other party, for any task or service including, but not limited to, review of plans, structural analyses, consents, provision of documents or other communications between the parties. (p) Further Acts. Upon request, Licensor will cause to be promptly and duly taken, executed, acknowledged and delivered all such further acts, documents, and assurances as Licensee may request from time to time in order to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all transactions and Permitted Use contemplated by this Agreement.

[SIGNATURES APPEAR ON NEXT PAGE]

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 113349
16 Option and Tower Structure License Agreement dated 8.28.2024 Final IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the Effective Date.

“ LICENSOR”

C ity of Lincoln, a municipal corporation

By:

Print Name: _______________________

Its: City Manager

Date:_____________________________

“ LICENSEE”

New Cingular Wireless PCS, LLC,
a Delaware limited liability company

By: AT&T Mobility Corporation
Its: Manager

By:

Print Name: _______________________

Its: ______________________________

Date:_____________________________

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 9/9/2024
Sean Scully
Vani Muller
Area Manager
9/10/2024
114350
Option and Tower Structure License Agreement dated 8.28.2024 Final EXHIBIT 1

DESCRIPTION OF PROPERTY AND PREMISES

Page 1 of 6 ends

to the Option and Tower Structure License Agreement dated _____________, 2024, by and between City of Lincoln, a municipal corporation, as Licensor, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Licensee.

Licensor’s Property of which the Premises are a part is described as follows:

All that certain lease area being a portion of McBean Memorial Park as is described in Deed filed for record at Book 620, Page 531, Official Records of Placer County, located in the City of Lincoln, County of Placer, State of California, and being more particularly described as follows:

Commencing at a 3/4" rebar set for the Easterly terminus of the Northerly centerline of First Street as is shown on that certain Plat of Ravine Meadows filed for record at Book M of Maps at Page 75, Official Records, from which a similar monument bears West 263.20 feet; thence from said point of commencement North 14°16'38" East 564.16 feet to the True Point of Beginning; thence from said point of beginning North 00°28'19" West 35.00 feet; thence South 89°31'41" West 12.00 feet; thence South 00°28'19" East 35.00 feet; thence North 89°31'41" East 12.00 feet to the point of beginning.

Together with a non-exclusive easement for access and utility purposes, fifteen feet in width, the centerline of which is described as follows: Beginning at a point which bears North 89°31'41" East 7.50 feet from the Northeast corner of the above described lease area; thence from said point of beginning South 00°28'19" East 64.83 feet; thence South 74°21'59" East 66.45 feet; thence South 271.59 feet; thence South 48°36'15" West 96.79 feet; thence West 551.2 feet more or less to the public right of way commonly known as "D" Street.

Also together with a non-exclusive easement for utility purposes, six feet in width, the centerline of which is described as follows: Beginning at a point which bears South 89°31'41" East 9.00 feet from the Northwest corner of the above described lease area; thence from said point of beginning North 00°28'19" West 0.68 feet; thence North 78°48'32" West 310.88 feet to a point hereafter defined as Point "A"; thence continuing North 78°48'32" West 35.3 feet more or less to the existing telephone utility box.

Also together with a non-exclusive easement for utility purposes, six feet in width, the centerline of which is described as follows: Beginning at Point "A" as previously defined and running thence South 12°31'05" West 45.0 feet more or less to the existing transformer.

Also together with a non-exclusive easement for access and utility purposes, six feet in width, the centerline of which is described as follows: Beginning at a point which bears South 00°28'19" East 3.90 feet from the Northwest corner of the above described lease area; thence from said point of beginning North 17°17'39" West 8.83 feet; thence West 177.63 feet; thence North 11.1 feet more or less to the proposed stadium light pole/tower location; thence up, over and upon said tower as is necessary to install, operate, and maintain the necessary communications equipment.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 9/10/2024
115351
Option and Tower Structure License Agreement dated 8.28.2024 Final

The Premises are described and/or depicted as follows:

AT&T Site Plans Dated September 3,2024, Prepared by Norman Scheel Structural Engineer, and Consisting of Four (4) Pages, Appears on Following Pages]

Notes:

1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY .

2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY’S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNMENT AUTHORITIES.

3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENT AUTHORITIES, INCLUDING POLICE AND FIRE DEPARTMENTS.

4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 116352
N 14°27'27" W300.00'
N 0°00'06" E100.00'
N 0°00'00" W113.00'
N 0°00'00" W113.00'
N 90°00'00" E60.00'
S 0°00'00" E113.00'
S 90°00'00" E60.00'N 90°00'00" E59.31'S 90°00'00" E92.70'S 90°00'00" E80.00' S 23°55'52" W124.90'
S 0°00'00" E111.67'
S 0°00'00" E110.00'
N 90°00'00" W60.00' S 90°00'00" W60.09' N 90°00'00" W67.91' N 0°00'00" W40.00'
S 90°00'00" W40.00' S 90°00'00" W360.00'
S 0°00'00" E113.73'
S 0°00'00" W123.39'
S 0°00'00" E111.21'
S 0°00'00" W100.00'
N 48°00'00" E527.85'
N 42°54'00" E143.87'
N 48°20'00" E217.82'
S 90°00'00" W623.32'
S 0°00'00" E480.76'
N 0°00'00" E480.76'
S 90°00'00" E540.01'
S 0°00'03" E809.24'
N 0°00'00" W809.24'
S 0°00'00" E400.00'
N 90°00'00" E280.00'
N 90°00'00" E280.00'
S 0°00'00" E400.00'
N 0°00'00" E50.00' N 0°00'00" E50.00' N 0°00'00" W50.00' N 90°00'00" E130.00'N 90°00'00" E130.00'
N 90°00'00" E130.00'
N 0°00'00" W150.00'
N 0°00'00" W150.00'
N 90°00'00" E130.00'
N 0°00'00" W150.00'
N 90°00'00" E20.00'S 90°00'00" E80.00'
S 0°00'00" E50.00'
N 90°00'00" E130.00'S 90°00'00" E20.00'N 90°00'00" E30.00'N 90°00'00" E100.00' S 0°00'00" W50.00'
N 90°00'00" W30.00'
S 0°00'00" E50.00'
N 0°00'00" E50.00' S 0°00'00" E50.00'
N 90°00'00" E130.00'
S 0°00'00" E50.00'
S 90°00'00" E130.00'
S 0°00'00" E100.00'
N 0°00'00" E100.00'
S 90°00'00" E130.00'
S 0°00'00" E150.00'
N 90°00'00" E80.00'S 90°00'00" E130.00'N 90°00'00" E20.00'S 90°00'00" E130.00' N 0°00'00" E150.00'
N 90°00'00" E130.00'
S 0°00'00" E150.00'
S 0°00'00" W150.00'
S 90°00'00" E130.00'
S 0°00'00" E150.00'
N 90°00'00" E80.00'
S 0°00'00" E150.00'
S 90°00'00" W130.00'
D=81°37'19"R=10.59'L=15.09'D=86°03'26"R=9.41'L=14.14'
D=123°32'38"R=1.78' L=3.83'
D=86°27'57"R=23.66'L=35.71'
D=96°57'50"R=2.35' L=3.97'
D=17°26'59"R=53.90'L=16.42'
D=12°27'18"R=39.74'L=8.64'
D=92°26'52"R=50.40'L=81.32'
D=107°17'23"R=14.43' L=27.02'
D=25°01'19"R=42.44' L=18.53'
D=76°45'56"R=11.69'L=15.67'
D=33°00'59"R=98.54'L=56.78'
D=30°10'28"R=93.77'L=49.38'
D=154°51'39"R=1.94'L=5.25'
D=82°43'01"R=17.60' L=25.41'
D=30°20'03"R=45.33' L=24.00'
D=92°34'48"R=10.61' L=17.15'
D=129°35'35"R=2.09' L=4.72'
D=58°01'17"R=24.62'L=24.93'
D=115°12'44"R=2.48' L=4.98'
D=70°27'56"R=3.64'L=4.47'
D=161°01'40"R=1.14'L=3.21'
D=102°48'41"R=1.92' L=3.45'D=151°11'56"R=1.13'L=2.99'
D=99°37'43"R=4.85'L=8.43'
D=147°39'12"R=2.32'L=5.97'
D=48°18'57"R=55.21'L=46.56'
D=94°30'00"R=2.14'L=3.53'
D=128°51'33"R=1.58'L=3.55'
D=23°15'05"R=57.79' L=23.45'
D=125°58'29"R=2.12'L=4.67'
D=147°46'14"R=2.15' L=5.54'
D=126°43'03"R=2.80'L=6.18'
D=37°45'01"R=23.70'L=15.61'
D=130°07'54"R=2.82'L=6.40'
170
170171
171
172
172
169
169
169
169
EL:168.49'EL:169.58'
EL:169.44'
EL:168.45'EL:169.27'
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
PwrPwrPwr

DCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWR FIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBER Issued For:

Prepared For:
5001 Executive ParkwaySan Ramon, California 94583Vendor:
605 Coolidge Drive, Suite 100Folsom, California 95630
CHECKED BY:DRAWN BY:PROJECT NO:AT&T SITE NO:

REVDESCRIPTIONDATE
IT IS A VIOLATION OF LAW FOR ANYPERSON, UNLESS THEY ARE ACTINGUNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THISDOCUMENT.

Licensee:No. 2567Exp. 12-31-25STRUCTURALNORMANJSCHEELREGISTEREDPROFESSIONALENGINEER STATEOFCALIFORNIA**
Designer / Engineer:

Sheet Title:

Sheet Number:
5022 Sunrise Blvd.Fair Oaks, California 95628
351RUPDQ6FKHHO6WUXFWXUDO(QJLQHHU
OVERALL SITEPLANA-1N

THIS IS NOT A SITE SURVEY
NOTES:1.NO GRADING OR PERMANENT CONSTRUCTION SHALLOCCUR WITHIN DRIP LINES OF TREES THAT ARE TOREMAIN WITHOUT ARBORIST APPROVAL.2.PRIOR TO CONSTRUCTION, GENERAL CONTRACTOR TOCONTACT DIGALERT TO MARK OUT EXISTINGUNDERGROUND UTILITIES. IN THE EVENT OF CONFLICTS,CONTRACTOR TO CONTACT PDC.

ALL PROPERTY BOUNDARIES, ORIENTATION OF TRUE NORTHAND STREET HALF-WIDTHS HAVE BEEN OBTAINED FROM A TAXPARCEL MAP AND EXISTING DRAWINGS AND ARE APPROXIMATE. 11" = 50'-0"OVERALL SITE PLAN
ABC012
CVL02485McBEAN PARK61 McBEAN PARK DRIVELINCOLN, CA 95648FA# 15549738USID# CVL0248524-009
3 BWBW
9/3/202490% ZD SUB.

A-1.11SEE ENLARGED SITEPLAN SHEET A-1.1
1"=50'-0"50'25'050'100'0
APN: 008-330-002-000APN: 008-330-001-000
APN: 008-220-010-000
HIGHWAY 193C STREET

B STREET

A STREETSITE ACCESS
APN: 008-220-009-000APN: 008-180-004-000

D STREET
2ND STREET
(P) AT&T MOBILITYNEW LIGHT POLELOCATION(P) AT&T MOBILITYNEW 12'-0" x 35'-0" CMUEQUIPMENT SHELTER(420 S.F.) LOCATION (E)TELECOMMUNICATIONSVAULT, FIBER P.O.C.
(E) ELECTRICALTRANSFORMER,POWER P.O.C.
(E) BUILDINGASPHALT DRIVE

SITE ACCESS
(E) BASEBALL STADIUM

ASPHALT DRIVEPROPERTY LINE

PROPERTY LINE

PROPERTY LINEPROPERTY LINE

PROPERTY LINE

PROPERTY LINE PROPERTY LINE
PROPERTY LINEPROPERTY LINE(P) 15'-0" WIDENON-EXCLUSIVEAT&T MOBILITYACCESS EASEMENT Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 117353
S 0°00'00" E480.76'
S 90°00'00" E540.01'
170
170
171
171
172
172
169
169
169
169
EL:168.49'EL:169.58'
EL:169.44'
EL:168.45'EL:169.27'
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
PwrPwrPwrPwrPwrPwrPwr
DCPWR

DCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWR FIBER
FIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERPwr Issued For:

Prepared For:
5001 Executive ParkwaySan Ramon, California 94583Vendor:
605 Coolidge Drive, Suite 100Folsom, California 95630
CHECKED BY:DRAWN BY:PROJECT NO:AT&T SITE NO:

REVDESCRIPTIONDATE
IT IS A VIOLATION OF LAW FOR ANYPERSON, UNLESS THEY ARE ACTINGUNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THISDOCUMENT.

Licensee:No. 2567Exp. 12-31-25STRUCTURALNORMANJSCHEELREGISTEREDPROFESSIONALENGINEER STATEOFCALIFORNIA**
Designer / Engineer:

Sheet Title:

Sheet Number:
5022 Sunrise Blvd.Fair Oaks, California 95628
351RUPDQ6FKHHO6WUXFWXUDO(QJLQHHU
ENLARGED SITEPLANA-1.11"=20'-0"20'10'20'40'00N
NOTES:1.NO GRADING OR PERMANENT CONSTRUCTION SHALLOCCUR WITHIN DRIP LINES OF TREES THAT ARE TOREMAIN WITHOUT ARBORIST APPROVAL.2.PRIOR TO CONSTRUCTION, GENERAL CONTRACTOR TOCONTACT DIGALERT TO MARK OUT EXISTINGUNDERGROUND UTILITIES. IN THE EVENT OF CONFLICTS,CONTRACTOR TO CONTACT PDC. 11" = 20'-0"ENLARGED SITE PLAN
ABC012
CVL02485McBEAN PARK61 McBEAN PARK DRIVELINCOLN, CA 95648FA# 15549738USID# CVL0248524-009
3 BWBW
9/3/202490% ZD SUB.

A-21SEE ENLARGEDEQUIPMENT PLANSHEET A-2
SECTORAZIMUTH 240 B
SECTORAZIMUTH 0 A
SECTORAZIMUTH 120 C
A-31SEE ENLARGEDANTENNA PLANSHEET A-3
APN: 008-330-002-000APN: 008-330-001-000
APN: 008-180-004-000
(P) AT&T MOBILITYNEW LIGHT POLELOCATION
(P) AT&T MOBILITYNEW 12'-0" x 35'-0" CMUEQUIPMENT SHELTER(420 S.F.) LOCATION (E)TELECOMMUNICATIONSVAULT, FIBER P.O.C.
(E) ELECTRICALTRANSFORMER,POWER P.O.C.
(E) BUILDING

ASPHALT DRIVESITE ACCESS
(E) BASEBALL STADIUM

PROPERTY LINE

PROPERTY LINEPROPERTY LINE

PROPERTY LINE
(E) BUILDING(E) BUILDING
(E) BUILDING
(P) 6'-0" WIDENON-EXCLUSIVEAT&T MOBILITYUTILITY EASEMENT (P) 6'-0" WIDENON-EXCLUSIVEAT&T MOBILITYUTILITY EASEMENT (P) 15'-0" WIDENON-EXCLUSIVEAT&T MOBILITYACCESS EASEMENT (P) 6'-0" WIDENON-EXCLUSIVEAT&T MOBILITYUTILITY EASEMENT

ASPHALT
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 118354
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 119355
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 120356
Option and Tower Structure License Agreement dated 8.28.2024 Final

EXHIBIT 11

ENVIRONMENTAL DISCLOSURE

Licensor represents and warrants that the Property, as of the Effective Date, is free of hazardous substances except as follows:

None.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 121357
Option and Tower Structure License Agreement dated 8.28.2024 Final

EXHIBIT 12

STANDARD ACCESS LETTER

[FOLLOWS ON NEXT PAGE]
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 122358
Option and Tower Structure License Agreement dated 8.28.2024 Final

{This Letter Goes On Licensor's Letterhead}

[Insert Date]

Building Staff / Security Staff
[Licensor, Lessee, Licensee]
[Street Address]
[City, State, Zip]

Re: Authorized Access granted to [ ]

Dear Building and Security Staff,

Please be advised that we have signed a license with [ ] permitting [ ] to install, operate and maintain telecommunications equipment at the property. The terms of the license grant [ ] and its representatives, employees, agents and subcontractors (“representatives”) 24 hour per day, 7 day per week access to the licensed area.

To avoid impact on telephone service during the day, [ ] representatives may be seeking access to the property outside of normal business hours. [ ] representatives have been instructed to keep noise levels at a minimum during their visit.

Please grant the bearer of a copy of this letter access to the property and to licensed area. Thank you for your assistance.

_______________________
Licensor Signature

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 123359
Option and Tower Structure License Agreement dated 8.28.2024 Final

EXHIBIT 24(b)

MEMORANDUM OF LICENSE

[FOLLOWS ON NEXT PAGE]
Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 124360
Option and Tower Structure License Agreement dated 8.28.2024 Final

Recording Requested By
& When Recorded Return To:

New Cingular Wireless PCS, LLC
Attn: –Network Real Estate Administration
1025 Lenox Park Blvd NE, 3
rd Floor
Atlanta, GA 30319

APN’s: 008-330-001-000,008-330-002-000, 008-180-004-000,008-220-009-000

(Space Above This Line For Recorder’s Use Only)
Cell Site No.: CVL02485
Search Ring Name: CVL02485_SR
Cell Site Name: McBean Park
Fixed Asset No.: 15549738
State: California
County: Placer

MEMORANDUM
OF

LICENSE

This Memorandum of License is entered into on this ____ day of ____________, 2024, by and between City of Lincoln, a municipal c orporation, having its principal office at 600 6th St, Lincoln, CA 95648 (hereinafter called “Licensor”), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE, 3 rd Floor, Atlanta, GA 30319 (“Licensee”).

1. Licensor and Licensee entered into a certain Option and Tower Structure License Agreement (“Agreement”) on the ___ day of___________, 2024, for the purpose of installing, operating and maintaining a communication facility and other improvements. All of the foregoing is set forth in the Agreement.

2. The initial license term will be five (5) years commencing on the effective date of written notification by Licensee to Licensor of Licensee’s exercise of the Option , with four (4) successive automatic five (5) year options to renew.

3. The portion of the land being licensed to Licensee and associated easements are described in Exhibit 1 annexed hereto.

4. This Memorandum of License is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of License and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successo rs, and assigns, subject to the provisions of the Agreement.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 125361

Option and Tower Structure License Agreement dated 8.28.2024 Final 8 IN WITNESS WHEREOF, the parties have executed this Memorandum of License as of the day and year first above written.

LICENSOR:

City of Lincoln, a municipal corporation

By:

Name:

Its: City Manager

Date:

LICENSEE:

New Cingular Wireless PCS, LLC,
a Delaware limited liability company

By: AT&T Mobility Corporation
Its: Manager

By:

Name:

Its:

Date:

[ACKNOWLEDGMENTS APPEAR ON NEXT TWO PAGES]

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 126362

Option and Tower Structure License Agreement dated 8.28.2024 Final

LICENSOR ACKNOWLEDGMENT

State of California
County of _________________________________)

On ________________________________ before me, _______________________________________, (insert name and title of the officer)

personally appeared ___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 127363

Option and Tower Structure License Agreement dated 8.28.2024 Final

LICENSEE ACKNOWLEDGMENT

State of California
County of _________________________________)

On ________________________________ before me, _______________________________________, (insert name and title of the officer)

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ (Seal)

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 128364

Option and Tower Structure License Agreement dated 8.28.2024 Final

EXHIBIT 1 TO MEMORANDUM OF LICENSE

DESCRIPTION OF PROPERTY AND PREMISES

Page 1 of 3 ends

to the Memorandum of License dated ______________, 2024, by and between City of Lincoln , a municipal corporation, as Licensor, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Licensee.

Licensor’s Property of which the Premises are a part is described as follows:

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 129365

Option and Tower Structure License Agreement dated 8.28.2024 Final

The Premises are described and/or depicted as follows:

[One (1) Page Depiction of the Premises Suitable for Recording in Placer County Appears on Following Page]

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 130366
N 14°27'27" W300.00'
N 0°00'06" E100.00'
N 0°00'00" W113.00'
N 0°00'00" W113.00'
N 90°00'00" E60.00'
S 0°00'00" E113.00'
S 90°00'00" E60.00'N 90°00'00" E59.31'S 90°00'00" E92.70'S 90°00'00" E80.00' S 23°55'52" W124.90'
S 0°00'00" E111.67'
S 0°00'00" E110.00'
N 90°00'00" W60.00' S 90°00'00" W60.09' N 90°00'00" W67.91' N 0°00'00" W40.00'
S 90°00'00" W40.00' S 90°00'00" W360.00'
S 0°00'00" E113.73'
S 0°00'00" W123.39'
S 0°00'00" E111.21'
S 0°00'00" W100.00'
N 48°00'00" E527.85'
N 42°54'00" E143.87'
N 48°20'00" E217.82'
S 90°00'00" W623.32'
S 0°00'00" E480.76'
N 0°00'00" E480.76'
S 90°00'00" E540.01'
S 0°00'03" E809.24'
N 0°00'00" W809.24'
S 0°00'00" E400.00'
N 90°00'00" E280.00'
N 90°00'00" E280.00'
S 0°00'00" E400.00'
N 0°00'00" E50.00' N 0°00'00" E50.00' N 0°00'00" W50.00' N 90°00'00" E130.00'N 90°00'00" E130.00'
N 90°00'00" E130.00'
N 0°00'00" W150.00'
N 0°00'00" W150.00'
N 90°00'00" E130.00'
N 0°00'00" W150.00'
N 90°00'00" E20.00'S 90°00'00" E80.00'
S 0°00'00" E50.00'
N 90°00'00" E130.00'S 90°00'00" E20.00'N 90°00'00" E30.00'N 90°00'00" E100.00' S 0°00'00" W50.00'
N 90°00'00" W30.00'
S 0°00'00" E50.00'
N 0°00'00" E50.00' S 0°00'00" E50.00'
N 90°00'00" E130.00'
S 0°00'00" E50.00'
S 90°00'00" E130.00'
S 0°00'00" E100.00'
N 0°00'00" E100.00'
S 90°00'00" E130.00'
S 0°00'00" E150.00'
N 90°00'00" E80.00'S 90°00'00" E130.00'N 90°00'00" E20.00'S 90°00'00" E130.00' N 0°00'00" E150.00'
N 90°00'00" E130.00'
S 0°00'00" E150.00'
S 0°00'00" W150.00'
S 90°00'00" E130.00'
S 0°00'00" E150.00'
N 90°00'00" E80.00'
S 0°00'00" E150.00'
S 90°00'00" W130.00'
D=81°37'19"R=10.59'L=15.09'D=86°03'26"R=9.41'L=14.14'
D=123°32'38"R=1.78' L=3.83'
D=86°27'57"R=23.66'L=35.71'
D=96°57'50"R=2.35' L=3.97'
D=17°26'59"R=53.90'L=16.42'
D=12°27'18"R=39.74'L=8.64'
D=92°26'52"R=50.40'L=81.32'
D=107°17'23"R=14.43' L=27.02'
D=25°01'19"R=42.44' L=18.53'
D=76°45'56"R=11.69'L=15.67'
D=33°00'59"R=98.54'L=56.78'
D=30°10'28"R=93.77'L=49.38'
D=154°51'39"R=1.94'L=5.25'
D=82°43'01"R=17.60' L=25.41'
D=30°20'03"R=45.33' L=24.00'
D=92°34'48"R=10.61' L=17.15'
D=129°35'35"R=2.09' L=4.72'
D=58°01'17"R=24.62'L=24.93'
D=115°12'44"R=2.48' L=4.98'
D=70°27'56"R=3.64'L=4.47'
D=161°01'40"R=1.14'L=3.21'
D=102°48'41"R=1.92' L=3.45'D=151°11'56"R=1.13'L=2.99'
D=99°37'43"R=4.85'L=8.43'
D=147°39'12"R=2.32'L=5.97'
D=48°18'57"R=55.21'L=46.56'
D=94°30'00"R=2.14'L=3.53'
D=128°51'33"R=1.58'L=3.55'
D=23°15'05"R=57.79' L=23.45'
D=125°58'29"R=2.12'L=4.67'
D=147°46'14"R=2.15' L=5.54'
D=126°43'03"R=2.80'L=6.18'
D=37°45'01"R=23.70'L=15.61'
D=130°07'54"R=2.82'L=6.40'
170
170171
171
172
172
169
169
169
169
EL:168.49'EL:169.58'
EL:169.44'
EL:168.45'EL:169.27'
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
FIBER
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
Pwr
PwrPwrPwr

DCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWRDCPWR FIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBERFIBER Issued For:

Prepared For:
5001 Executive ParkwaySan Ramon, California 94583Vendor:
605 Coolidge Drive, Suite 100Folsom, California 95630
CHECKED BY:DRAWN BY:PROJECT NO:AT&T SITE NO:

REVDESCRIPTIONDATE
IT IS A VIOLATION OF LAW FOR ANYPERSON, UNLESS THEY ARE ACTINGUNDER THE DIRECTION OF A LICENSEDPROFESSIONAL ENGINEER, TO ALTER THISDOCUMENT.

Licensee:No. 2567Exp. 12-31-25STRUCTURALNORMANJSCHEELREGISTEREDPROFESSIONALENGINEER STATEOFCALIFORNIA**
Designer / Engineer:

Sheet Title:

Sheet Number:
5022 Sunrise Blvd.Fair Oaks, California 95628
351RUPDQ6FKHHO6WUXFWXUDO(QJLQHHU
OVERALL SITEPLANA-1N

A-1.11SEE ENLARGED SITEPLAN SHEET A-1.1
1"=50'-0"50'25'050'100'0
APN: 008-330-002-000APN: 008-330-001-000
APN: 008-220-010-000
HIGHWAY 193C STREET

B STREET

A STREETSITE ACCESS
APN: 008-220-009-000APN: 008-180-004-000

SITE ACCESS
(E) BASEBALL STADIUM

ASPHALT DRIVEPROPERTY LINE

PROPERTY LINE

PROPERTY LINEPROPERTY LINE

PROPERTY LINE

PROPERTY LINE PROPERTY LINE
PROPERTY LINEPROPERTY LINE(P) 15'-0" WIDENON-EXCLUSIVEAT&T MOBILITYACCESS EASEMENT Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 131367

Option and Tower Structure License Agreement dated 8.28.2024 Final

EXHIBIT 24(k)

IRS FORM W-9 & CA FTB FORM 590

Page 1 of 3 ends

[IRS FORM W-9 (REVISED OCTOBER 2018) & 2022 CA FTB FORM 590 APPEAR ON FOLLOWING TWO (2) PAGES]

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 132368

Option and Tower Structure License Agreement dated 8.28.2024 Final

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 133369

Option and Tower Structure License Agreement dated 8.28.2024 Final

Docusign Envelope ID: B6AA2CD6-24F2-4691-B189-E26D82FF10A4 134370
SUBJECT:

Adopt a Resolution Designating Councilmember Holly
Andreatta as the City of Lincoln's Voting Delegate and
Councilmember Ben Brown as the Alternate at the League of California Cities (Cal Cities) 2026 Annual Conference. (Hope Ithurburn)
SUBMITTED BY:

City Clerk
DEPARTMENT:

City Manager's Office
DATE:

August 25, 2026

Item Number 12.F

STAFF RECOMMENDATION:

Stafff recommends City Council adopt a resolution designating the City of Lincoln's voting delegate and alternate to the League of California Cities (Cal Cities) 2026 Annual Conference and Expo at the Anaheim Convention Center, Sept. 23-25.

BACKGROUND/INTRODUCTION:

Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on September 25th, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Our City's appointed voting delegate plays an important role during the General Assembly by representing our city and votes on resolutions. To cast a vote during the General Assembly, our city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. The voting delegate and alternates must be registered to attend the conference.

FISCAL IMPACT:

The City will bear expenses for attendance to the conference and the FY 2026/27 approved budget includes $5800 for the cost of the conference within the City Council budget, General Fund 1000.

STAFF REPORT
135

ATTACHMENTS:

REVISED - Cal_Cities_Conference_-_Voting_Delegate_and_Alternate__2026 (1).docx 2026-voting-delegate-information-packet.pdf
136
Resolution No. 2026-

Page 1 of 1 ends

RESOLUTION 2026-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN

APPROVING AND DESIGNATING THE VOTING DELEGATE AND ALTERNATE(S) TO THE 2026 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE

WHEREAS, the 2026 League of California Cities Annual Conference is scheduled for September 23 - 25, 2026 and will be held at the Anaheim Convention Center; and

WHEREAS, Councilmember Holly Andreatta and Councilmember Ben Brown will be attending the Annual Conference on behalf of the City of Lincoln; and

WHEREAS, the General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy; and

WHEREAS, our City’s appointed voting delegate plays an important role during the General Assembly by representing our city and votes on resolutions; and

WHEREAS, in order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and may appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Lincoln does hereby designate and authorize the City of Lincoln’s voting delegate as Councilmember Andreatta and alternate as Councilmember Brown.

PASSED AND ADOPTED this 25th day of August, 2026 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________
Richard Pearl, Mayor
ATTEST:

Hope Ithurburn, City Clerk
137
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, May 13, 2026
T
O: Mayors, Council Members, City Clerks, and City Managers RE
: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 23-25, 2026 Anaheim Convention Center
E
very year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Ta
king place on Friday, Sept. 25, 2026 the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To c
ast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

A
ction by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

F
ollowing council action, please submit your city’s delegates through the online submission portal by Tuesday, Sept. 1, 2026. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

S
ubmitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

C
onference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration opens June 2.

F
or a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and Council Action Advised by September 1, 2026
138
alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Anaheim Convention Center, will be open at the following times: Wednesday, Sept. 23, 8:00 a.m.-6:00 p.m. and Thursday, Sept. 24, 7:30 a.m.-4:00 p.m. On Friday, Sept. 25, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Tuesday, Sept. 1. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• G
eneral Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 139

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

140
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 141
SUBJECT:

Adopt a Resolution Accepting the Police Department Parking Lot Expansion Capital Improvement Project (CIP) 626 as
Complete and Authorizing the City Clerk to File the Notice of Completion with the Placer County Recorder. (Jonnelyn
Espartero)
SUBMITTED BY:

Jonnelyn Espartero
DEPARTMENT:

Engineering
DATE:

August 25, 2026

Item Number 12.G

STAFF RECOMMENDATION:

Staff recommends the City Council adopt a resolution accepting the PD Parking Lot Expansion Capital Improvement Project (CIP) 626 as complete and authorizing the City Clerk to file the Notice of Completion with the Placer County Recorder (Attachment B).

BACKGROUND/INTRODUCTION:

The Capital Improvement Program for FY 2023/25 includes CIP 626 PD Parking Lot Expansion Project. The purpose of this project is to extend the existing parking lot limits north on the west side of the existing Union Pacific Railroad (UPRR) railroad track. The Lincoln Police Department is running out of parking spaces for their vehicles and staff to park personal vehicles while on duty.

On March 14, 2023, a Task Order was executed with REY Engineers for the PD Parking Lot Expansion Project that included preliminary engineering, boundary and topographic surveys, design and bid documentation preparation.

On September 9, 2025, REY completed the plans and technical specifications, and City staff published the invitation for bids in the Lincoln New Messenger, PlanetBids and the City website.

On October 28, 2025, the City Council approved Resolution 2025-160 authorizing a budget augmentation of $221,352 from the unencumbered balance of Fund 2410 to PD Parking Lot Expansion (CIP 626); authorizing the City Manager to execute a contract for construction with Baldoni Construction Service Inc. in the amount of $639,999 for the construction of the project and authorizing the City Engineer to approve change orders not to exceed $64,000; and authorizing the City Manager to execute a contract with Coastland Civil Engineering for

STAFF REPORT
142
construction management and inspection services for an amount not to exceed $82,800.

The project is complete and all change orders have been finalized for a total change order amount of $27,468 or 4.3% of the original amount $639,999. A summary of the change orders is shown in the table below.

Change
Order
No.

Description
Cost
1 Eight (8) working day time extension
$0
2 Extra Work: Modified electrical work due to plan revision $18,056
3 Extra Work: Installation of geogrid at electrical trenches & over- ex and recompaction of unsuitable subgrade
$3,330
4 Extra Work: Dewatering and Pumping Operations
$1,321
5 Extra Work: Installation of ¾” crushed rock for PG&E access $675
6 Extra Work: Replacement of keypad with card reader
$4,086

Total
$27,468

FINDINGS/ANALYSIS:

Final inspection of the improvements was performed on
August 3, 2026
. Staff has determined
that the work performed by Baldoni Construction Service, Inc. is complete and in conformance with the contract terms. Baldoni Construction Service Inc. has provided Warranty Bond (Attachment C) and Guarantee Letter (Attachment D) to guarantee the work for a period of one year from the filing of the attached Notice of Completion.

FISCAL IMPACT:

Budgeted
CIP 626 PD Parking Lot Expansion
Fund 2410 $755,000 Fund 2410 (budget augmentation) $221,352 Total $976,352

Actual Design Cost
R.E.Y. Engineers $112,751 143
CEQA Notice of Exemption $ 52 Purchase of UPRR Property $ 76,000 Coastal – Parcel Research $ 750 Total Cost $189,553

Actual Construction Cost
Baldoni Construction, Inc. $638,349 Coastland CM & Inspection $ 78,325 Contingency (4.3%) $ 27,468

Total Cost $744,142

Budgeted Remaining
Fund 2410 $42,657

ATTACHMENTS:

PD Parking Lot NOC.DOC2.Attachment A Reso.2026Aug25.jespartero.docx PD Parking Lot NOC.DOC3.Attachment B Notice of Completion.2026Aug25.jespartero.docx PD Parking Lot NOC.DOC4.Attachment C Warranty Bond.2026Aug25.jespartero.pdf PD Parking Lot NOC.DOC5.Attachment D Guarantee Letter.2026Aug25.jespartero.pdf 144
Resolution No. 2026-XXX

Page 1 of 2 ends

RESOLUTION 2026-XXX

A RESOLUTION ACCEPTING PD PARKING LOT EXPANSION PROJECT, CIP 626, AS COMPLETE AND AUTHORIZING THE CITY CLERK TO FILE THE NOTICE

OF COMPLETION WITH THE PLACER COUNTY RECORDER

WHEREAS, on October 28, 2025, the City Council authorized the City Manager to execute a construction with Baldoni Construction Service, Inc. for the construction of the PD Parking Lot Expansion (CIP 626); and

WHEREAS, all the work associated w ith the above contract was completed on August 3, 2026, in accordance with the contract documents; and

WHEREAS, staff recommends to the City Council that said project be accepted and a Notice of Completion be filed by the City Clerk with the Placer County Recorder.

NOW THEREFORE BE IT RESOLVED:

Section 1. The City Council of the City of Lincoln authorizes:

a. Construction on the above-mentioned contract to be accepted as complete in accordance with the plans and specifications.

b. The City Clerk to execute and record the Notice of Completion on said contract and project on behalf of the City of Lincoln.

c. Finance to release remaining/available funds from the completed project upon notification from the City Engineer or designee.

PASSED AND ADOPTED this 25th day of August, 2026 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________
Richard Pearl, Mayor

ATTEST:

145
Resolution No. 2026-XXX

Page 2 of 2 ends

Hope Ithurburn, City Clerk

146
RECORDING REQUEST BY:

City Clerk
City of Lincoln

WHEN RECORDED MAIL TO:

City Clerk
City of Lincoln
600 Sixth Street
Lincoln, California 95648
(Exempt from recording fees Govt. Code 27383)

NOTICE OF COMPLETION

PD Parking Lot Expansion CIP 626
Owner: City of Lincoln
600 6th Street
Lincoln, CA 95648
County of Placer
State of California

NOTICE IS HEREBY GIVEN that on the 3rd day of August, 2026, a Final Inspection on the PD Parking Lot Expansion Project (CIP 626) of the certain work described and awarded in contract to Baldoni Construction, and which was entered into on October 28, 2025, was performed, and all work was found to be in accordance with the specifications of said work filed with the City Clerk and adopted by the City Council of said City.

That said work of the PD Parking Lot Expansion Project (CIP 626) was completed on August 3, 2026, and accepted by the City Council of the City of Lincoln on August 25, 2026.

That the name of the surety on the contractor’s bond for payment on said contract is Old Republic Surety Company, a Wisconsin corporation. The scope of work for this project consisted of expansion of existing ac paved parking lot, fence, gate and site lighting installation, construction of curb, gutter, sidewalk, and electrical installation in the City of Lincoln, California, for the City of Lincoln.

CITY OF LINCOLN

BY:

Hope Ithurburn, City Clerk

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Date Signature

City of Lincoln
600 6th Street
Lincoln, CA 95648_________
Place

147
148
149
150
151
152
SUBJECT:

Adopt a Resolution Approving the Reclassification of a Senior Civil Engineer Position to Engineering Manager in the
Engineering Department. (Veronica Rodriguez)

SUBMITTED BY:

Veronica Rodriguez
DEPARTMENT:

Human Resources
DATE:

August 25, 2026

Item Number 12.H

STAFF RECOMMENDATION:

Staff recommends that the City Council adopt a resolution approving the reclassification of one Senior Civil Engineer position within the Engineering Department to the Engineering Manager classification.

This proposal has an estimated fiscal impact of $15,812 (Fund 2480) for the remainder of the 26/27 fiscal year which can be absorbed within the Engineering Department’s existing budget authority due to salary savings generated by recent vacancies. The ongoing annual cost of approximately $18,974 will be included in future budget appropriations.

BACKGROUND/INTRODUCTION:

The Engineering Department is responsible for planning, designing, coordinating, administering, and delivering public infrastructure and development-related engineering functions for the City. The Department’s work includes capital improvement projects, development engineering, construction management, inspection coordination, consultant and contractor oversight, plan review, project administration, contract compliance, and coordination with internal and external stakeholders.

The Engineering Department is currently staffed with one City Engineer, one Engineering Manager, three Senior Civil Engineers, three Associate Engineers, and one Assistant Engineer. Under the current organizational structure, two Senior Civil Engineers and two Associate Engineers report directly to the City Engineer.

The City Engineer is responsible for overall department leadership and administration, including strategic planning, budget oversight, policy implementation, City Council support, interdepartmental coordination, external agency and stakeholder engagement, and accountability for the Department’s engineering and public infrastructure functions. In addition to these department-head responsibilities, the City Engineer currently provides direct supervision to multiple professional engineering staff.

STAFF REPORT
153
As the Department’s workload and operational responsibilities have expanded, the current organizational structure has created a need for additional management-level capacity. The Department requires sufficient formal supervision and operational oversight to ensure appropriate work planning, assignment and prioritization of work, performance management, staff development, construction and inspection coordination, consultant and contractor oversight, consistent application of City standards, and timely delivery of engineering and public infrastructure projects.

The Department currently has one Engineering Manager position. While that position provides important supervisory and management support, the breadth of the Department’s engineering, development, construction, inspection, and project-delivery responsibilities requires a second Engineering Manager position to provide adequate supervisory coverage, improve workload distribution, strengthen operational accountability and enhance customer service to better facilitate economic development activities.

Rather than request authorization for an additional position, staff recommends reclassifying one of the Department’s existing three Senior Civil Engineer positions to Engineering Manager. This action will maintain the Department’s current overall authorized staffing level while revising the classification structure to better align with ongoing operational needs.

FINDINGS/ANALYSIS:

The Senior Civil Engineer classification is intended to provide advanced professional engineering expertise, technical analysis, and management of assigned engineering and public infrastructure projects. Senior Civil Engineers may provide technical guidance and coordinate project activities; however, the classification is primarily focused on senior-level professional engineering and assigned project responsibilities.

The Engineering Manager classification provides a broader level of organizational and managerial responsibility. The classification is intended to provide formal supervision of assigned staff; establish work plans and priorities; assign, monitor, and evaluate work; develop staff; oversee engineering and construction-related operations; coordinate consultant and contractor activities; monitor project delivery; and ensure consistent compliance with City standards, policies, procedures, plans, specifications, and contract requirements.

The Department’s current staffing structure provides senior-level technical engineering capacity but does not provide sufficient management-level capacity to effectively supervise and oversee the full scope of the Department’s professional engineering, construction- management, inspection, consultant, contractor, and project-delivery functions.

Under the current structure, two Senior Civil Engineers and two Associate Engineers report directly to the City Engineer. Direct supervision of multiple professional engineering staff, combined with the City Engineer’s department-head responsibilities, limits the City Engineer’s ability to focus on strategic leadership, overall Department administration, budget oversight, policy implementation, City Council support, high-level interdepartmental coordination, and complex external matters.

Reclassifying one Senior Civil Engineer position to Engineering Manager will address this organizational need by providing a second formal supervisory management position within the Department. The additional Engineering Manager will allow the Department to redistribute 154
supervisory and operational responsibilities, improve span of control, provide more consistent performance management and staff development, strengthen work planning and priority- setting, and establish clearer accountability for assigned engineering and construction-related operations.

The revised structure will preserve senior-level technical and project-management capacity while providing needed supervisory oversight. Following the reclassification, the Department will have one City Engineer, two Engineering Managers, two Senior Civil Engineers, three Associate Engineers, and one Assistant Engineer.

The proposed action is based on the City’s ongoing operational and organizational needs and the duties assigned to the position. It is not a request to create an additional full-time equivalent position or increase the Department’s overall authorized staffing level. Instead, it adjusts the Department’s classification mix to provide an appropriate management structure for current and continuing responsibilities.

Following reclassification of the position, a current Engineering Department employee will be promoted in place to the Engineering Manager classification, subject to applicable City personnel rules, salary placement provisions, and appointment authority.

FISCAL IMPACT:

The proposed reclassification and promotion-in-place will result in an estimated fiscal impact of $15,812 (Fund 2480) for the remainder of fiscal year 2026–27 which can be absorbed within the Engineering Department’s existing budget authority. The ongoing annual cost of approximately $18,974 will be included in future budget appropriations.

ATTACHMENTS:

Engineering_Manager_Staff_Report_08.25.26_Reso.doc
1-Engineer Manager_Job Specification.pdf
1-Senior Civil Engineer_Job Specification.pdf
155
Resolution No. 2026-XXX

Page 1 of 1 ends

RESOLUTION 2026 - ###

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN APPROVING

THE RECLASSIFICATION OF ONE SENIOR CIVIL ENGINEER POSITION TO

ENGINEERING MANAGER IN THE ENGINEERING DEPARTMENT

WHEREAS, the Engineering Department requires additio nal management-level capacity to provide formal staff supervision, workload management, operational oversight, and accountability for engineering and public infrastructure functions; and

WHEREAS, reclassifying one existing Senior Civil Engineer position to Engineering Manager will improve supervisory span of control and operational oversight without increasing the Department’s overall authorized full -time equivalent position count; ; and

WHEREAS, the reclassification will revise the Engineering Departme nt’s authorized staffing structure from one City Engineer, one Engineering Manager, three Senior Civil Engineers, three Associate Engineers, and one Assistant Engineer to one City Engineer, two Engineering Managers, two Senior Civil Engineers, three Associ ate Engineers, and one Assistant Engineer

WHEREAS, Section 2.41.020 of the City’s Municipal Code authorizes the City Council to determine the number of authorized positions for each classification.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lincoln authorizes:

1. The reclassification of a Senior Civil Engineer position to Engineering Manager in the Engineering Department.

PASSED AND ADOPTED this 25th day of August, 2026 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Richard Pearl, Mayor
ATTEST:

Hope Ithurburn, City Clerk
156
157
158
159
160
161
162
163
164
SUBJECT:

Authorizing the Issuance of a Response to the Placer County Grand Jury (PCGJ) 2025-2026 Report titled "
Public
Communication by Placer County Cities - Correctable
Deficiencies" (Sean Scully)
SUBMITTED BY:

City Clerk
DEPARTMENT:

City Manager's Office
DATE:

August 25, 2026

Item Number 15.A

STAFF RECOMMENDATION:

Council consider approving the draft response to Placer County Grand Jury's report titled "
Public Communication by Placer County Cities – Correctable Deficiencies"

BACKGROUND/INTRODUCTION:

The Placer County Grand Jury (PCGJ)
i
s “an investigatory body made up of citizens with the
authority to act as a watchdog on local government, investigate citizen complaints, and assist in criminal matters at the request of the district attorney. The grand jury is part of the county judicial system as authorized by the California State Constitution. It is advised by the Superior Court but is not accountable to elected officials or government employees. Grand jurors are sworn to secrecy and, other than final reports, their work is kept strictly confidential. The reports published by the grand jury are how the results of investigations are reported to the public."
(source: Placer Superior Court Grand Jury website.)
On June 30, 2026, the PCGJ issued a report for the 2025-2026 fiscal year, entitled, “ "
Public
Communication by Placer County Cities – Correctable Deficiencies" a copy of which is
attached. The report requests a response from Lincoln's governing body within 90 days of the report issuance.

FINDINGS/ANALYSIS:

The report (attached) investigated reported difficulties by the public in communicating with Cities within Placer County. More specifically the report states "The residents of Placer County depend on their local city governments to provide public safety to the community, to be responsive to resident complaints and issues, and to communicate city matters. The Placer County Grand Jury received complaints from county residents regarding the difficulty of communicating with certain cities within the county. Based on these complaints, the Placer County Grand Jury determined a review of the complaint and communication policies of the six incorporated cities and towns in Placer County was warranted."

STAFF REPORT
165

The PCGJ conducted their investigation by interviewing "city staff representing the cities of:

Roseville, Rocklin, Lincoln, Auburn, Colfax, and the Town of Loomis, and reviewed each city’s website for ease of use, how each city provided services and information to their residents, how complaints were handled, the ease of website navigation, and how cities communicated with and responded to the public. Grand jury members also called and emailed various departments of each city to test their responsiveness."

Upon receiving the report staff reviewed the findings and recommendations and have crafted a response to be signed (if approved) by the Mayor and City Manager.

ATTACHMENTS:

Grand_Jury_Response_2026_report, hi.docx
2025 2026 PCGJ Report.pdf
166

City Hall
600 Sixth Street
Lincoln, CA 95648
(916) 434-2400
www.lincolnca.gov
City Manager’s Office  Community Development Engineering  Fire Library  Recreation  Police  Public Works  Support Services

August 25, 2026
The Honorable Jeffrey Penney
Presiding Judge of the Superior Court
County of Placer
P.O. Box 619072
Roseville, CA 95661-9072

Placer County Grand Jury
11532 B Avenue
Auburn, CA 95603
Attn: Foreperson

RE: Response to 2025-2026 Grand Jury Final Report
Public Communication by Placer County Cities – Correctable Deficiencies

Dear Honorable Judge Penney and Placer County Grand Jury:

The City of Lincoln is in receipt of the 2025-2026 Placer Grand Jury Final Report. First, the City of Lincoln would like to thank the Grand Jury for its service to our community and we appreciate the ongoing relationship we have built with the Grand Jury over the last many years. The City of Lincoln appreciates the investigations, analysis and associated reports which identify areas of improvement in our continuing efforts to provide high-quality service to our community.

Report Title: Public Communication by Placer County Cities – Correctable Deficiencies Report Date: Released to the public on June 30, 2026
Response By: Mayor Richard Pearl on behalf of City of Lincoln City Council Sean Scully, City Manager, City of Lincoln

Findings:

The 2025-2026 Grand Jury Final Report: Public Communication by Placer County Cities – Correctable Deficiencies contains four (4) specific findings.

167
RE: Response to 2025-2026 Placer County Grand Jury Report

2 | P a g e

F14. The City of Lincoln is either non-responsive or slow to respond to citizen phone calls or emails, resulting in potential citizen frustration and lack of confidence that their city government is receptive to or will resolve citizen issues.

The City of Lincoln disagrees with this finding. The City of Lincoln receives approximately 11,000 incoming calls on all manner of municipal business on a monthly basis. Management has not received any consistent complaints regarding responsiveness. In the rare instances where complaints regarding responsiveness are received management addresses those issues immediately as responsiveness and helpful customer service is a core principle of our organizational culture.

F15. The Placer County Grand Jury was unsuccessful in getting a response from City of Lincoln officials via emails and phone calls, requiring an onsite visit to get a response.

The City of Lincoln partially disagrees with this finding. Staff researched internal records of attempted contact by the Placer County Grand Jury and were able to verify that the Placer County Grand Jury attempted contact approximately four (4) times during November of 2025. Based on our call log system it appears that three of the four calls were placed to the Lincoln Police Department and not the City of Lincoln main line which would be the appropriate location to reach senior City Hall officials. For the one call that was made to the City of Lincoln main line it appears that the caller was not routed to another number which logically indicates the caller hung up before reaching a live person or mailbox.

Additionally, staff searched email inboxes for any email correspondence to City of Lincoln officials and were unable to identify any emails from the Placer County Grand Jury until City of Lincoln staff connected via email after a hand delivered note was delivered to the City Managers office.

While it is true that contact was not made until after a written note was hand delivered, it does appear that individuals contacting the City of Lincoln may have reached out through the incorrect contact number (Police Department). With that said, responsiveness is very important to the City of Lincoln and as such we agree that for a variety of reasons contact was not made in this limited instance.

F16. The City of Lincoln lacks timeliness and consistency in their policies for communicating with the public.

The City of Lincoln partially disagrees with this finding. As a City that provides a full suite of municipal services, the City has consistently provided timely response across the spectrum of our various individual departments. Obviously, there are exceptions to that responsiveness but those are the exception not the norm. As stated previously, when those exceptions occur management swiftly addresses the issue to ensure that responsiveness remains key to our core values of excellent customer service.

168
RE: Response to 2025-2026 Placer County Grand Jury Report

3 | P a g e

The City of Lincoln does partially agree that there is no consistent response standard that applies across all City departments. Some departments have a 24-hour response standard (or sooner) and other departments have slightly longer response timelines.

Those with lengthier response timelines are typically departments with much larger telephone/email traffic who have limited staff to manage the incoming calls and emails.

With that said, prompt response is an expectation that is balanced with also providing robust customer service versus less than helpful rapid response not paired with quality assistance to our constituents.

F17. The phones at the City of Lincoln are frequently not answered by a live person and are forwarded to the utility billing department’s voicemail. This situation wastes time and leads to possible citizen frustration.

The City of Lincoln disagrees with this finding. Upon receiving the report staff tested numerous City phone systems in various departments and had no issue reaching a live person. We do recognize that depending on the call volumes being received at any given time it is possible that calls will roll over to voicemails, but those same voicemails are expected to be returned in a timely basis. Again, non-prompt response would be the exception not the norm. In addition, non-responsiveness is not feedback that the City receives from its community on any (even minimal) consistent level.

Recommendations:

R10. The City of Lincoln should develop or review its formal response protocol to citizens’ concerns or complaints, by including a requirement for an email or a phone call response within 24 hours by October 1, 2026.

This recommendation will be partially implemented the remainder will not be implemented because it is not warranted and not reasonable. The City of Lincoln agrees to review its response protocol department by department to evaluate current standards for responsiveness to phone calls and emails. The City will not include a requirement for email and phone call response within 24 hours as it is not warranted. To require this standard broadly across all departments is not feasible depending on the volume of calls and emails which vary significantly depending on many different factors. It is worth noting that Lincoln has one of the lowest per captia staffing ratios within the greater Sacramento region which can create some minimal delays in immediate response on a rare periodic basis. With that said, reasonable efficient response within 24-48 will be the general goal for each department.

R11. The City of Lincoln should update the city’s communication policy and provide training to management staff and city officials on communicating with the public by October 1, 2026.

This recommendation will not be implemented because it is not warranted. City staff consistently review internal response policies to adjust for varying workload and customer service demand. We will continue this process to ensure responsiveness is swift and robust. With regard to training, the City of Lincoln already provides all types of 169
RE: Response to 2025-2026 Placer County Grand Jury Report

4 | P a g e

training options for staff including communication, customer service, etc. The City of Lincoln will continue to evaluate the responsiveness needs of the community and apply additional training as necessary.

R12. The City of Lincoln should update its phone system, allowing the option of a live person to be contacted for all phone calls placed to the city by October 1, 2026. For calls answered by the auto attendant, the City of Lincoln should change the transfer feature from the utility billing department to a general mailbox by October 1, 2026

This recommendation will not be implemented because it is not warranted. The main line already has an option (by pressing zero as is indicated by the auto attendant) to reach a live person. The transfer feature to the utility billing department for general inquiries will not be changed at this time, utility billing is the core customer service arm of the City of Lincoln and has the greatest number of dedicated customer service staff to handle our call volumes. Redirecting these calls to a general mailbox would be antithetical to actual live person responsiveness thereby pushing callers into being forced to leave a voicemail thus lengthening response times unnecessarily.

The City of Lincoln takes customer service and responsiveness very seriously. As such we appreciate the Grand Jury evaluating our current status of responsiveness and turn around time for inquiries. While we do not agree with the totality of the findings or recommendations, we do acknowledge and agree with the overall point of the report which is that responsiveness is a core function of our service to our community. As such it is a function that must be constantly evaluated and improved upon which we commit to making a priority. We appreciate the time, effort and honest evaluation by the Grand Jury and will use the details of the report to identify areas of improvement that make sense for the City of Lincoln.

Note: The report indicated Lincoln should respond to Recommendation #13. Upon review of the report it appears this may be a typo, R13 refers to a recommendation for the Town of Loomis, not the City of Lincoln. As such no response has been provided for R13.
* * * * *
This concludes the City’s response to the Grand Jury’s recommendations from its 2025- 2026 report. Please do not hesitate to contact me at 916-434-2490 if you have questions regarding this response.

Sincerely,

Richard Pearl Sean Scully
Mayor City Manager
City of Lincoln City of Lincoln

170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
SUBJECT:

Adopt a Resolution Authorizing the City Manager or Designee to Enter into a Pledge Agreement and Amendment to the
School Facilities Agreement Between the City of Lincoln, Lincoln Land Holding, Western Placer Unified School District and the South Placer Regional Transportation Authority for the Deferral of up to 50% of Tier II SPRTA Development Fees. (Nita Wracker)
SUBMITTED BY:

Nita Wracker
DEPARTMENT:

City Manager's Office
DATE:

August 25, 2026

Item Number 15.B

STAFF RECOMMENDATION:

Staff request City Council consider adoption of a resolution authorizing the City Manager or designee to enter into a Pledge Agreement and Amendment to the School Facilities Agreement between the City of Lincoln, Lincoln Land Holding, Western Placer Unified School District and the South Placer Regional Transportation Authority for the deferral of approximately $2,900,000 for 50% of Tier II SPRTA Development Fees for 674 residential dwelling units in the Liberty at Lincoln (Improvement Area No. 1), as allowable per the 2nd amendment to the memorandum of agreement for the Establishment of the Tier II Development Fee Deferral Program.

BACKGROUND/INTRODUCTION:

October 1, 2003, the City of Lincoln, the City of Rocklin, the City of Roseville and the County of Placer (the “Jurisdictions”) entered into the Amended and Restated Joint Exercise of Powers Agreement (JPA) creating the South Placer Regional Transportation Authority (SPRTA) for the purposes of providing the coordinated planning, design, financing, acquisition, determination of timing of construction, and construction, of Transportation Improvements.

May 27, 2009, these Jurisdictions entered into a Memorandum of Agreement (MOA) for the establishment and collection of Tier II Development Fees for all new development in the Tier II Development Fee Area, for future funding of regional projects.

September 10, 2013, the First Amendment to the MOA established the Tier II Development Fee Deferral Program that provides an opportunity for projects within and subject to the Tier II Development Fee Area to defer a portion of their Tier II Development Fees. The fee deferral program is available to all new development projects that establish a Community Facilities

STAFF REPORT
192
District ("CFD") as reviewed by SPRTA staff, or other financing mechanism approved by the SPRTA Board to pay the deferred fees.

May 24, 2017, the Second Amendment to the MOA repealed and replaced the fee deferral program established by the First Amendment to the MOA which included an extended timeline for projects to participate in the deferral program. Per the Second Amendment, the fee deferral program will be available to all new development project that establish a CFD as reviewed by SPARTA staff, or other financing mechanism approved by the SPRTA Board to pay the deferred fees. The basic program parameters are as follows: A CFD with the ability to implement a second bond issuance or other financing mechanism with fee deferrals occurring at the time of building permit issuance. Prior to building permit issuance, the Jurisdiction will report to SPRTA staff on the total amount of units being deferred; and the fee deferral shall not be more than 50% of the Tier II fees for eligible projects. Further, repayment is obligated within thirty (30) years from the date of initial deferral. The guarantee of future payment will come in the form of either: (1) a second issuance of the CFD which will be collected with either a second bond sale or continuance of max tax collection or (2) other financing mechanism as approved by the SPRTA Board.

I
f the financing provided by the community facilities district is not sufficient to pay the deferred Tier II Development Fees within 30 years, the member agency allowing the deferral is obligated to pay the unpaid fees and this obligation shall be guaranteed using lawfully permitted amounts that may be pledged for security.

September 11, 2025, the City of Lincoln submitted to the Placer County Transportation Planning Agency (PCTPA), the administrator of SPRTA, our first request for Tier II 50% Fee Deferral for 674 residential dwelling unit equivalents for Liberty in Lincoln (Improvement Area No. 1).

FINDINGS/ANALYSIS:

A CFD through California Municipal Finance Authority (CMFA) Bond Opportunities for Land Development (BOLD) program was formed for Liberty in Lincoln however, review of the CFD by SPARTA did not occur until after formation and it was found to be insufficient by PCTPA staff regarding language for guaranteed repayment of the Tier II deferred fees. Therefore, representatives from the City, the developer – Lincoln Land Holdings, and PCTPA began discussions of another financing mechanism as allowed in the second amendment to the MOA.

The Liberty Lincoln CFD includes provisions for the funding of fees (including SPARTA fees) as well as provisions to provide funding for the construction of a Kindergarten through eighth (TK-8) school facility located within the development area. It is a complex and unique CFD that was only possible through cooperation and collaboration of the developer, Western Placer Unified School District and the City (the “Parties”).

In addition to the CFD, the Parties entered into the School Facilities Agreement which outlined the financing structure to acquire the land and construct the school facilities utilizing in part bond proceeds and special taxes from the Liberty Lincoln CFD. Because the School Facilities Agreement provides that funds from the CFD be used to fund the school facilities, SPARTA staff require a pledge agreement which will guarantee the deferred fees be paid within 30 years.

SPRTA requires the pledge agreement and amendment to the school facilities agreement be approved and adopted by the City, the Developer, the School District, and SPRTA including 193
legal opinion letters from the legal counsel of each entity and consenting signatures from the City of Rocklin, the City of Roseville and County of Placer and pursuant to the MOA and amendments to the MOA, approval by the SPRTA board.

The pledge agreement is triggered if there are not sufficient funds in the CFD to pay the Tier II deferred fees and it reaffirms the City’s obligation to pay the Tier II deferred fees within 30 years.

FISCAL IMPACT:

Per the Memorandum of Agreement between member agencies (including the City of Lincoln), the first amendment and second amendment; SPRTA 50% Tier II deferred fees are required to be paid within 30 years and are the obligation of the agency requesting the deferral. The City is obligated to pay the approximately $2.9 million in deferred fees and intends to utilize bond proceeds and/or special taxes from the Liberty Lincoln CFD.

ATTACHMENTS:

Pledge_Resolution_2026, HI.docx
Draft Lincoln Pledge Agreement 20260603 (Redlined), June 4, 2026.docx School Facilities Agreement Agreement, 2025 executed.pdf SPRTA_JPA_Amended_Restated_2003_plus_First_Amendment_2024_2573.pdf SPRTA_TierII_MOA_Second_Amendment_2017_Fee_Deferral_1775.pdf 194
Resolution No. 2026-XXX

Page 1 of 2 ends

RESOLUTION 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINCOLN AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO ENTER INTO A PLEDGE AGREEMENT AND AMENDMENT TO THE

SCHOOL FACILITIES AGREEMENT BETWEEN THE CITY OF LINCOLN, LINCOLN LAND HOLDING,

WESTERN PLACER UNIFIED SCHOOL DISTRICT AND THE SOUTH PLACER REGIONAL TRANSPORTATION AUTHORITY FOR THE DEFERRAL OF APPROXIMATELY $2,900,000 FOR 50% OF TIER II SPRTA DEVELOPMENT FEES FOR 674 RESIDENTIAL DWELLING UNITS IN THE LIBERTY AT LINCOLN (IMPROVEMENT AREA NO. 1), AS ALLOWABLE PER THE 2ND AMENDMENT TO THE

MEMORANDUM OF AGREEMENT FOR THE ESTABLISHMENT OF THE TIER II DEVELOPMENT FEE DEFERRAL PROGRAM.

WHEREAS, October 1, 2003, the City of Lincoln, the City of Rocklin, the City of Roseville and the County of Placer (the “Jurisdictions”) entered into the Amended and Restated Joint Exercise of Powers Agreement (JPA) creating the South Placer Regional Transportation Authority (SPRTA) for the purposes of providing the coordinated planning, design, financing, acquisition, determination of timing of construction, and construction, of Transportation Improvements; and

WHEREAS, May 27, 2009, these Jurisdictions entered into a Memorandum of Agreement (MOA) for the establishment and collection of Tier II Development Fees for all new development in the Tier II Development Fee Area, for future funding of regional projects; and

WHEREAS, May 24, 2017, the Second Amendment to the MOA permits the SPRTA member jurisdictions to allow deferrals of up to 50% of Tier II Development Fees for a given project, provided that a community facilities district approved by SPRTA staff, or other financing mechanism approved by the SPRTA Board, is established to pay the deferred Tier II Development Fees within 30 years following the first deferral; and

WHEREAS, the Second Amendment provides that, if the financing provided by the community facilities district is not sufficient to pay the deferred Tier II Development Fees within 30 years, the member agency allowing the deferral is obligated to pay the unpaid fees and that this obligation shall be guaranteed using law fully permitted amounts that may be pledged for security; and

WHEREAS, the City, the developer, and the School District have entered into that Western Placer Unified School District, City of Lincoln and Lewis Communities School Facilities Agreement effective as of May 13, 2025 (the “School Facilities Agreement”), which among other things obligates the parties thereto to cooperate in the formation of a community facilities district (the “CFD”) by the California Municipal Finance Authority, to designate multiple improvement areas therein, to levy special taxes therein and issue bonds all to finance cer tain school facilities and other city facilities, including transportation improvements funded by the Tier II Development Fee Program administered by SPRTA; and

195
Resolution No. 2026-XXX

Page 2 of 2 ends

WHEREAS, September 11, 2025, the City of Lincoln submitted to the Placer County Transportation Planning Agency (PCTPA), the administrator of SPRTA, our first request for Tier II 50% Fee Deferral for 674 residential dwelling unit equivalents for Liberty in Lincoln (Improvement Area No. 1); and

WHEREAS, the Surplus Special Tax Second Priority (as defined in Section 4.10 of the School Facilities Agreement) from Improvement Area No.1 could be insufficient to pay the Deferred Fees within 30 years from the date of the first deferral; and

WHEREAS, the City is obligated under the Second Amendment to pa y to SPRTA the balance of the Deferred Fees not paid by the CFD within 30 years from the date of the first deferral; and

WHEREAS, the City desires to secure its payment of the Obligation by pledging the Surplus Special Tax Second Priority from Improvement Area No.1 and all future Improvement Areas on the Developer Property as security therefore.

NOW THEREFORE BE IT RESOLVED:

Section 1. City Manager or designee is authorized to enter into a Pledge Agreement and Amendment to the School Facilities Agreement between the City of Lincoln, Lincoln Land Holding, Western Placer Unified School District and the South Placer Regional Transportation Authority for the deferral of approximately $2,900,000 for 50% of Tier II SPRTA Development Fees the Liberty at Lincoln (Improvement Area No. 1), as allowable per the 2nd amendment to the memorandum of agreement for the Establishment of the Tier II Development Fee Deferral Program.

PASSED AND ADOPTED this 25th day of August, 2026 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________
Richard Pearl, Mayor
ATTEST:

Hope Ithurburn, City Clerk
196

06.03.26 Lincoln Pledge Agreement
1 PLEDGE AGREEMENT
AND

AMENDMENT TO SCHOOLS FACILITIES AGREEMENT

This Pledge Agreement (this "Agreement") is entered into effective as of [Insert Date] (the “Effective Date”), by and among the CITY OF LINCOLN, a municipal corporation organized and existing under the laws of the State of California (the "City"), Lincoln Land Holdings, a Delaware limited liability company (“Property Owner”), Western Placer Unified School District (the “School District”) and the SOUTH PLACER REGIONAL TRANSPORTATION AUTHORITY, a public agency formed under the laws of the State of California ("SPRTA"). The City, Property Owner and School District are hereinafter collectively referred to as the “Pledging Parties.”

RECITALS

A. WHEREAS, effective May 27, 2009, the City entered into that certain Memorandum of Agreement (“MOA”) with the County of Placer and the Cities of Roseville and Rocklin, which MOA established the Tier II Development Fee Program administered by SPRTA;

B. WHEREAS, effective September 10, 2013, the City, the County of Placer and the Cities of Roseville and Rocklin, established a development fee deferral program by entering into the First Amendment to the Memorandum of Agreement (“First Amendment”); the First Amendment was subsequently superseded by the Second Amendment to the Memorandum of Agreement entered into by the parties effective May 24, 2017 (the “Second Amendment”);

C. WHEREAS, the Second Amendment permits the SPRTA member jurisdictions to allow deferrals of up to 50% of Tier II Development Fees for a given project, provided that a community facilities district approved by SPRTA staff, or other financing mechanism approved by the SPRTA Board, is established to pay the deferred Tier II Development Fees within 30 years following the first deferral (Second Amendment, Sections 2 and 3);

D. WHEREAS, the Second Amendment provides that, if the financing provided by the community facilities district is not sufficient to pay the deferred Tier II Development Fees within 30 years, the member agency allowing the deferral is obligated to pay the unpaid fees and that this obligation shall be guaranteed using lawfully permitted amounts that may be pledged for security (Second Amendment, Section 3);

E. WHEREAS, Property Owner owns approximately 516 acres of real property (“Current Lewis Property” or “Improvement Area No.1”) located within the “Village 7” geographic area and subject to the Village 7 Specific Plan (“Specific Plan”), as shown in blue in Exhibit A-1 attached hereto and made a part hereof. The Property Owner anticipates acquiring and annexing into the City and Village 7 approximately 173 acres of real property located north of Moore Road (“Annexed Property”), the land use diagram for which is attached hereto as Exhibit A-2 and made a part hereof. The Current Lewis Property and Annexed Property shall be referred to as the “Developer Property;”

F. WHEREAS, The Property Owner, the City and the School District have entered into that Western Placer Unified School District, City of Lincoln and Lewis Communities School 197

06.03.26 Lincoln Pledge Agreement
2 Facilities Agreement effective as of May 13, 2025 (the “School Facilities Agreement”), which among other things obligates the parties thereto to cooperate in the formation of a community facilities district (the “CFD”) by the California Municipal Finance Authority, to designate multiple improvement areas therein, to levy special taxes therein and issue bonds all to finance certain school facilities and other city facilities, including transportation improvements funded by the Tier II Development Fee Program administered by SPRTA;

G. WHEREAS, the City desires to defer 50% of Tier II Development Fees for the development of Improvement Area No.1 (the “Deferred Fees”) pursuant to the terms of the Second Amendment; the estimated amount of the Deferred Fees is shown on Exhibit B, attached hereto and made a part hereof;

H. WHEREAS, the Surplus Special Tax Second Priority (as defined in Section 4.10 of the School Facilities Agreement) from Improvement Area No.1 could be insufficient to pay the Deferred Fees within 30 years from the date of the first deferral;

I. WHEREAS, the City is obligated under the Second Amendment to pay to SPRTA the balance of the Deferred Fees not paid by the CFD within 30 years from the date of the first deferral (the "Obligation");

J. WHEREAS, the City desires to secure its payment of the Obligation by pledging the Surplus Special Tax Second Priority from Improvement Area No.1 and all future Improvement Areas on the Developer Property as security therefor;

K. WHEREAS, SPRTA is willing to accept such pledge as security for the timely repayment of the Obligation; and

L. WHEREAS, the parties hereto desire to set forth the terms and conditions of the City's repayment and pledge.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1: DEFINITIONS

1.1 Obligation. The term "Obligation" is defined in Recital I, above.

1.2 Pledged Revenues. The term "Pledged Revenues" means the Surplus Special Tax Second Priority from Improvement Area No.1 and all future Improvement Areas on the Developer Property.

1.3 Maturity Date. The term "Maturity Date" means the date that is thirty (30) years from the Effective Date hereof.

1.4 Other terms used herein but not defined shall have the meanings ascribed to them in the Second Amendment, if applicable.
198

06.03.26 Lincoln Pledge Agreement
3 ARTICLE 2: PROMISE TO PAY

2.1 Payment Obligation. The City hereby promises and agrees to pay to SPRTA the full amount of the Obligation, in lawful money of the United States, on or before the Maturity Date.

2.2 Prepayments. The City may, at its option and without penalty or premium, prepay all or any portion of the Obligation at any time prior to the Maturity Date. The City shall provide SPRTA with at least 30 days' prior written notice of any prepayment.

ARTICLE 3: PLEDGE AND SECURITY

3.1 Pledge of Revenues. As security for the punctual payment of the Obligation, the Pledging Parties hereby pledge, assign, and grant to SPRTA a first priority security interest in and lien on the Pledged Revenues. The Pledged Revenues are maintained and segregated in accordance with the Generally Accepted Accounting Principles (GAAP) and the City’s accounting practices.

Funds shall be available for this obligation as they are received.

3.2 Enforcement. Prior to exercising any remedy hereunder, SPRTA shall deliver written notice to the City specifying the nature of the default. The City shall have thirty (30) days after receipt of such notice to cure any monetary default and sixty (60) days to cure any non-monetary default or such longer period as may be reasonably necessary provided the City commences cure within sixty (60) days and diligently pursues such cure to completion. In the event of a default in payment of the Obligation, SPRTA shall have all rights and remedies available under applicable law, including but not limited to enforcing its security interest in the Pledged Revenues and directing the application of such revenues to satisfy the Obligation.

ARTICLE 4: REPRESENTATIONS AND WARRANTIES

The Pledging Parties represent and warrant to SPRTA as follows:

4.1 Authority. Each of the Pledging Parties has full power and authority to enter into this Agreement and to perform its obligations hereunder.

4.2 No Prior Pledge. The Pledged Revenues have not been previously pledged, assigned, or encumbered as security for any other debt or obligation, and none of the Pledging Parties have any knowledge of any claim or lien thereon that would impair SPRTA's security interest.

4.3 Validity. This Agreement constitutes a valid and binding obligation of each of the Pledging Parties, enforceable in accordance with its terms, subject to applicable bankruptcy, insolvency, or similar laws affecting creditors' rights generally.

4.4 Compliance. The execution and delivery of this Agreement do not violate any law, regulation, or agreement to which any of the Pledging Parties is a party.

ARTICLE 5: CONDITIONS PRECEDENT

The effectiveness of this Agreement is subject to the satisfaction of the following conditions precedent:

199

06.03.26 Lincoln Pledge Agreement
4 5.1 Legal Opinion.

a. Delivery to SPRTA of a written legal opinion from counsel to the City, in form and substance reasonably satisfactory to SPRTA, to the effect that (A) the City is a municipal corporation duly organized and validly existing under the laws of the State of California; (B) the City Resolution approving and authorizing the execution and delivery of this Agreement was duly adopted at a meeting of the City Council of the City, which was called and held pursuant to law and with all public notice required by law and at which a quorum was present and acting throughout; (C) there is no action, suit, proceeding or investigation at law or in equity before or by any court, public board or body, pending or threatened against or affecting the City, which would materially and adversely impact the City’s ability to complete the transactions described in and contemplated by this Agreement; (D) the execution and delivery of this Agreement, and compliance with the provisions hereof do not and will not in any material respect conflict with or constitute on the part of the City a breach of or default under any agreement or other instrument to which the City is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the City is subject; (E) this Agreement has been duly authorized, executed and delivered by the City, and, assuming due authorization, execution and delivery by SPRTA, constitutes a legal, valid and binding agreement of the City enforceable in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or limiting creditors’ rights generally and by the application of equitable principles; (F) no authorization, approval, consent, or other order of the State of California or any other governmental authority or agency within the State of California, other than the City Council of the City, is required for the valid authorization, execution and delivery of this Agreement; and (G) no public vote or referendum is required under applicable California law for the valid authorization, execution and delivery of this Agreement.

b. Delivery to SPRTA of a written legal opinion from counsel to the School District, in form and substance reasonably satisfactory to SPRTA, to the effect that (A) the School District is duly organized and validly existing under the laws of the State of California; (B) the School District Resolution approving and authorizing the execution and delivery of this Agreement was duly adopted at a meeting of the governing body of the School District, which was called and held pursuant to law and with all public notice required by law and at which a quorum was present and acting throughout; (C) there is no action, suit, proceeding or investigation at law or in equity before or by any court, public board or body, pending or threatened against or affecting the School District, which would materially and adversely impact the School District’s ability to complete the transactions described in and contemplated by this Agreement; (D) the execution and delivery of this Agreement, and compliance with the provisions hereof do not and will not in any material respect conflict with or constitute on the part of the School District a breach of or default under any agreement or other instrument to which the School District is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the School District is subject; (E) this Agreement has been duly authorized, executed and delivered by the School District, and, assuming due authorization, execution and delivery by SPRTA, constitutes a legal, valid and binding agreement of the School District enforceable in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or limiting creditors’ rights 200

06.03.26 Lincoln Pledge Agreement
5 generally and by the application of equitable principles; (F) no authorization, approval, consent, or other order of the State of California or any other governmental authority or agency within the State of California, other than the governing body of the School District, is required for the valid authorization, execution and delivery of this Agreement; and (G) no public vote or referendum is required under applicable California law for the valid authorization, execution and delivery of this Agreement.

c. Delivery to SPRTA of a written legal opinion from counsel to the Property Owner, in form and substance reasonably satisfactory to SPRTA, to the effect that (A) the Property Owner is duly organized, validly existing and in good standing under the laws of the State of Delaware; (B) the Property Owner’s Resolution approving and authorizing the execution and delivery of this Agreement was duly adopted at a meeting of the governing body of the Property Owner, which was called and held pursuant to law and at which a quorum was present and acting throughout; (C) there is no action, suit, proceeding or investigation at law or in equity before or by any court, public board or body, pending or threatened against or affecting the Property Owner, which would materially and adversely impact the Property Owner’s ability to complete the transactions described in and contemplated by this Agreement; (D) the execution and delivery of this Agreement, and compliance with the provisions hereof do not and will not in any material respect conflict with or constitute on the part of the Property Owner a breach of or default under any agreement or other instrument to which the Property Owner is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Property Owner is subject; (E) this Agreement has been duly authorized, executed and delivered by the Property Owner, and, assuming due authorization, execution and delivery by SPRTA, constitutes a legal, valid and binding agreement of the Property Owner enforceable in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or limiting creditors’ rights generally and by the application of equitable principles; and (F) no authorization, approval, consent, or other order of the State of California or any other governmental authority or agency within the State of California, other than the governing body of the Property Owner, is required for the valid authorization, execution and delivery of this Agreement.

5.2 Other Documents. Delivery of such other certificates, documents, or opinions as SPRTA may reasonably request to evidence the Pledging Parties’ compliance with their respective obligations hereunder.

ARTICLE 6: COVENANTS; AMENDMENT TO SCHOOL FACILITIES AGREEMENT

6.1 Maintenance of Pledged Revenues. The Pledging Parties covenant to maintain and preserve the sources of the Pledged Revenues in a manner sufficient to ensure timely repayment of the Obligation. Without limiting the generality of the foregoing, the Pledging Parties agree that neither the Surplus Special Tax (as defined in the School Facilities Agreement), nor annual escalation thereof, will be reduced prior to the City’s repayment of the Obligation. The Pledging Parties agree that this Section 6.1 supersedes the provisions of Section 4.6 (1) of the School Facilities Agreement permitting the City to request reduction in the annual escalation of the Special Taxes of any Improvement Area.

201

06.03.26 Lincoln Pledge Agreement
6 6.2 Reporting. The Pledging Parties shall provide SPRTA with annual reports on the status of the Pledged Revenues and payments made toward the Obligation.

6.3 No Impairment. The Pledging Parties shall not take any action that would materially impair the value of the Pledged Revenues or SPRTA's security interest therein.

6.4 Moratorium on Deferral of Tier II Development Fees. City and Property Owner both agree that they shall not request deferral of Tier II Development Fees for any other Improvement Area of the Developer Property as long as the City’s Obligation under this Agreement is outstanding.

6.5 Use of Pledged Revenues. The Pledging Parties agree that:

a. Prior to the satisfaction of the City’s Obligation hereunder, Pledged Revenues will not be used for any other eligible use without the prior written consent of SPRTA, which may be withheld in its sole and absolute discretion.

b. Notwithstanding the provisions of the School Facilities Agreement, including, without limitation, Section 4.10 thereof, the LSFAC shall have no authority to do anything in contravention of this Agreement prior to the satisfaction of the City’s Obligation hereunder.

ARTICLE 7: DEFAULT AND REMEDIES

7.1 Events of Default. The following shall constitute events of default: (a) failure to pay any portion of the Obligation when due; (b) breach of any representation, warranty, or covenant herein; or (c) bankruptcy or insolvency of the City.

7.2 Remedies. Upon an event of default, SPRTA may accelerate the Obligation, enforce its security interest, or pursue other remedies at law or in equity.

ARTICLE 8: MISCELLANEOUS

8.1 Notice. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to any Party or ether person shall be deemed to have been received when personally delivered or upon deposit of the same in the United States Post Office registered or Certified, postage prepaid, addressed as follows:

City:

City of Lincoln
Attn: City Manager
600 Sixth Street
Lincoln, CA 95648

With a copy to Legal Counsel:

City of Lincoln
Attn: Douglas White, City Attorney
600 Sixth Street
Lincoln, CA 95648

202

06.03.26 Lincoln Pledge Agreement
7 SPRTA:

South Placer Regional Transportation Authority
ATTN: Executive Director, Placer County Transportation Planning Agency 299 Nevada Street
Auburn, CA 95603

With a copy to Legal Counsel:

Sloan Sakai Yeung & Wong LLP
Attn: Osman Mufti
555 Capitol Mall, Suite 600
Sacramento, CA 95814

School District:
[insert address]

Property Owner:
[insert address]

Each Party can change its address for delivery of notice by delivering written notice of such change or address to the other parties within ten (10) calendar days prior to such change.

8.2 Captions. The captions to Sections used herein are for convenience purposes only and are not part of this Agreement.

8.3 Waiver. The failure of any Party hereto to insist on compliance within any of the terms, covenants or conditions of this Agreement by any other Party hereto, shall not be deemed a waiver of such terms, covenants or conditions of this Agreement by such other Party, nor shall any waiver constitute a relinquishment of any other right or power, for all or any other times.

8.4 Cooperation and Execution of Documents. The Parties hereto agree to complete and execute any further or additional documents which may be necessary to complete or further the terms of this Agreement.

8.5 Attorneys’ Fees. In the event of the bringing of any action or suit by any Party against any other Party arising out of this Agreement, the Party in whose favor final judgment shall be entered shall be entitled to recover from the losing Party all costs and expenses of suit, including reasonable attorneys’ fees.

8.6 Signatories. The signatories hereto represent that they have been appropriately authorized to enter into this Agreement on behalf of the party for whom they sign.

8.7 Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

8.8 Amendments. No amendment hereto shall be effective unless in writing and signed by both parties.

8.9 Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
203

06.03.26 Lincoln Pledge Agreement
8 8.10 Entire Agreement. This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.

8.11 Survival. This Agreement shall survive any termination of, or withdrawal by the City from, the SPRTA Joint Exercise of Powers Agreement, the MOA, and/or the Second Amendment, as the same may be amended from time to time.

8.12 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.

[Remainder of this page is blank]

204

06.03.26 Lincoln Pledge Agreement
9 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

CITY OF LINCOLN

By: _______________________________
Name: Sean Scully
Title: City Manager

WESTERN PLACER UNIFIED SCHOOL DISTRICT

By: _______________________________
Name: [Name]
Title: [Title]

LINCOLN LAND HOLDINGS LLC

By: _______________________________
Name: [Name]
Title: [Title]

SOUTH PLACER REGIONAL TRANSPORTATION AUTHORITY

By: _______________________________
Name: Matthew Click
Title: Executive Director

205

06.03.26 Lincoln Pledge Agreement
10 THE UNDERSIGNED MEMBER AGENCIES OF THE SOUTH PLACER REGIONAL TRANSPORTATION AUTHORITY HEREBY CONSENT TO THE CITY OF LINCOLN’S DEFERRAL OF TIER II DEVELOPMENT FEES FOR IMPROVEMENT AREA NO. 1 OF THE DEVELOPER PROJECT, SUBJECT TO THE TERMS OF THIS AGREEMENT.

CITY OF ROCKLIN

By: _______________________________
Name: [Name]
Title: [Title]

CITY OF ROSEVILLE

By: _______________________________
Name: [Name]
Title: [Title]

COUNTY OF PLACER

By: _______________________________
Name: [Name]
Title: [Title]

206

06.03.26 Lincoln Pledge Agreement
11 EXHIBIT A-1

CURRENT LEWIS PROPERTY

207

06.03.26 Lincoln Pledge Agreement
12 EXHIBIT A-2

ANNEXED PROPERTY

208

06.03.26 Lincoln Pledge Agreement
13 EXHIBIT B

DEFERRED FEES

209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
2260 DOUGLAS BLVD, SUITE 130 ▪ ROSEVILLE, CA 95661 ▪ (530) 823-4030 TO: SPRTA Board of Directors DATE: March 27, 2024
FROM: Rick Carter, Deputy Executive Director
SUBJECT: APPROVE FIRST AM ENDMENT TO THE AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT FOR THE SOUTH PLACER

REGIONAL TRANSPORTATION AUTHORITY

ACTION REQUESTED

1. Approve the First Amendment to the Amended and Restated Joint Exercise of Powers Agreement for the South Placer Regional Transportation Authority (the “JPA Amendment”).

2. Direct staff to submit the Amended JPA to the member agencies for approval and execution.

BACKG
ROUND
In 2002, the City of Lincoln, the City of Rocklin, the City of Roseville and the County of Placer approved the joint exercise of powers agreement which created the South Placer Regional Transportation Authority (SPRTA) for the purposes of providing the coordinated planning, design, financing, acquisition, determination of timing of construction, and construction, of transportation improvements. This agreement creating SPRTA; gave it the power to levy, collect or cause to be collected transportation impact fees; and contained provisions regarding the administration of these transportation impact fees (the SPRTA “Fee Program”). In 2003, the member agencies approved the Amended and Restated Joint Exercise of Powers Agreement (the “current JPA”) dated October 1, 2003, which provided SPRTA the authority to lease and sublease real property.

D
ue to administration of the SPRTA Fee Program, staff has reviewed the current JPA in light of Assembly Bill 602 (“AB602"), which was effective January 1, 2022 which revised laws governing transportation impact fees. Based on that review, staff is recommending several amendments to the current JPA based on both legislative changes and current needs and practices.

T
he JPA Amendment and the current JPA agreement are included as Attachment 1. For ease of review, a “tracked changes” version of the JPA Amendment is also included as Attachment 2.
19 287

SPRTA Board of Directors

APPROVE THE FIRST AMENDMENT TO THE AMENDED AND RESTATED JOINT

EXERCISE OF POWERS AGREEMENT FOR THE SOUTH PLACER REGIONAL

TRANSPORTATION AUTHORITY
March 2024

Page 2 ends

Lincoln City CouncilAugust 25, 2026

Lincoln City Council
August 25, 2026