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Wednesday, June 5, 2024 · Government meeting record

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LIVE OAK CA l. 110 1\ NIJ\ CALL TO ORDER LIVEOAK CITY COUNCIL MINUTES JUNE 5, 2024 6:00 PM MEETING LOCATION LIVE OAK COUNC IL CHAMBERS 9955 LIVE OAK BOULEVARD LIVE OAK, CALIFORNIA 95953 LIVE OAK CITY COUNCIL MINUTES-JUNE 5, 2024 MEMBERS OF THE COUNCIL ASHLEY HERNANDEZ, MAYOR NANCY SANTANA, VICE MAYOR JERAMY CHAPDELAINE, COUNCILMEMBER lAKHVIR GHAG, COUNCILMEMBER BOB WOTEN, COUNCILMEMBER MAR K SCOTT, INTERIM CITY MANAGER NICOLE ROSSER, CITY ATTORNEY Meeting called to order by City Clerk at Live Oak City Council Chambers, 9955 Live Oak Boulevard, Live Oak, CA at 6:05 pm. ROLL CALL Present: Councilmembers Woten, Chapdelaine, and Ghag Absent: Vice Mayor Santana and Mayor Hernandez MOTION: VOTE: AYES: NOES: ABSENT: COUNCILMEMBER CHAPDELAINE CHAIR THE MEETING. (MOTION: WOTEN; SECOND: CHAPDELAINE) 3-0-2 COUNCILMEMBERS WOTEN, CHAPDELAINE, AND GHAG NONE VICE MAYOR SANTANA AND MAYOR HERNANDEZ PLEDGE OF ALLEGIANCE AND INVOCATION Council member Ghag led the Pledge of Allegiance. Councilmember Woten delivered the invocation. CORRECTIONS AND/OR CHANGES TO THE AGENDA BY CITY MANAGER ONLY There were no corrections and/or changes. PRESENTATIONS AND RECOGNITIONS There were no presentations and/or recognitions. PUBLIC COMMENT Pub lic Comment was opened and closed without any speakers. Page 1

LIVE OAK CITY COUNCIL MINUTES-JUNE 5, 2024 CONSENT ITEMS Consent Calendar is passed by one motion with exceptions and separate votes as noted. MOTION: APPROVE THE CONSENT AGENDA, (MOTION: GHAGj SECOND: WOTEN) VOTE: 3-0-2 AYES: COUNCILMEMBERS WOTEN, CHAPDELAINE, AND GHAG NOES: NONE ABSENT: VICE MAYOR SANTANA AND MAYOR HERNANDEZ 1. City Council Meeting Minutes Clarissa Menchaca, City Clerk Council action: May 15, 2024, City Council Regular Meeting minutes approved. 2. Adoption of an Ordinance to Rezone 794 Pennington Road from Small Lot Residential {R-2) to Medium Density Residential (R-3) Kevin Valente, Planning Director Council action: 1) Second reading of ordinance waived; and 2) Ordinance No. 586 adopted. BUSINESS ITEMS 3. Discussion and Possible Action to Adopt Resolution Termination the Declaration of an Emergency Situation and Rescinding the Waiver of Competitive Bidding Requirements Scott Rolls, City Engineer Scott Rolls, City Engineer, provided a report for the Council. Public Comment was opened and closed without any speakers. MOTION: VOTE: AYES: NOES: ABSENT: ADOPT RESOLUTION TERMINATING THE DECLARATION OF AN EMERGENCY SITUATION AND RESCINDING THE WAIVER FOR COMPETITIVE BIDDING REQUIREMENTS. (MOTION: GHAG; SECOND: WOTEN) MOTION PASSED 3-0-2 COUNCILMEMBERS WOTEN, CHAPDELAINE, AND GHAG NONE VICE MAYOR SANTANA AND MAYOR HERNANDEZ Reference Resolution No. 11-2024. Page 2

4. LIVE OAK CITY COUNCIL MINUTES-JUNE 5, 2024 Resolution Approving Master Equipment Lease Purchase Agreement with Community First National Bank for Acquisition of One New Pierce Enforcer 1500 GPM Type 1 Fire Engine Mark Scott, Interim City Manager Mark Scott, Interim City Manager, provided a report for the Council. Public Comment was opened and closed without any speakers. MOTION: VOTE: AYES: NOES: ABSENT: ADOPT RESOLUTION APPROVING THE MASTER EQUIPMENT LEASE PURCHASE AGREEMENT WITH COMMUNITY FIRST NATIONAL BANK FOR ACQUISITION OF ONE NEW PIERCE ENFORCER 1500 GPM TYPE 1 FIRE ENGINE. {MOTION: WOTEN; SECOND: GHAG) MOTION PASSED 3-0-2 COUNCILMEMBERS WOTEN, CHAPDELAINE, AND GHAG NONE VICE MAYOR SANTANA AND MAYOR HERNANDEZ Reference Resolution No. 12-2024. DISCUSSION ITEMS 5. Live Oak Festival 6. Luis Cibrian, Parks and Recreation Director Luis Cibrian, Parks and Recreation Director, provided a report for the Council. Public Comment was opened and closed without any speakers. Council action: Direction provided to staff. Presentation and Discussion of Preliminary Fiscal Year 2024-25 Operating Budget Mark Scott, Interim City Manager Mark Scott, Interim City Manager, and James Ramsey, Finance Director, provided a report for the Council. The following member of the public addressed the Council: Jerry Stewart. Council action: No action was taken on this item. UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER Mark Scott, Interim City Manager, touched on the Community Choice Aggregation program. COUNCILMEMBER COMMENTS Councilmember Ghag discussed his attendance at the League of California Cities meeting and the Feather River Air Quality Management District meeting. Councilmember Ghag addressed concerns regarding weed abatement. Page 3

LIVE OAK CITY COUNCIL MINUTES-JUNE 5, 2024 Councilmember Chapdelaine requested an update on the Granicus One View system. ADJOURNMENT Councilmember Chapdelaine adjourned the meeting at 7:40 pm. Page 4

Agenda textCity Council

LIVE OAK CITY COUNCIL AGENDA – JUNE 5, 2024 Page 1 The Council may take up any agenda item at any time, regardless of the order listed. Action may be taken on any item on this agenda. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection at City Hall, 9955 Live Oak Boulevard, Live Oak, during normal business hours. Such documents are also available on the City of Live Oak’s website at www.liveoakcity.org, subject to staff’s availability to post the documents before the meeting. In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available. If you have a disability and need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk’s office at (530) 695-2112 x107. Requests must be made at least 24 hours in advance. • Remote Viewing: o Members of the public can view a livestream of the meeting online at https://liveoakca.granicus.com/ViewPublisher.php?view_id=1. o Members of the public can access the Zoom webinar as follows: ▪ Join by Electronic Device: https://us02web.zoom.us/j/88501758733 ▪ Join by Phone: 1-669-900-6833 or 1-833-548-0282 (Toll Free) Webinar ID: 885 0175 8733 • Public Comment: Members of the public can submit general public comments, as well as comment on specific agenda items in the following ways: o Public Attendance: Members of the public who attend in person may make comments from the Council Chamber podium. LIVE OAK CITY COUNCIL REGULAR MEETING AGENDA JUNE 5, 2024 6:00 PM MEETING LOCATION LIVE OAK COUNCIL CHAMBERS 9955 LIVE OAK BOULEVARD LIVE OAK, CALIFORNIA 95953 MEMBERS OF THE COUNCIL ASHLEY HERNANDEZ, MAYOR NANCY SANTANA, VICE MAYOR JERAMY CHAPDELAINE, COUNCILMEMBER LAKHVIR GHAG, COUNCILMEMBER BOB WOTEN, COUNCILMEMBER MARK SCOTT, INTERIM CITY MANAGER NICOLE ROSSER, CITY ATTORNEY

LIVE OAK CITY COUNCIL AGENDA – JUNE 5, 2024 Page 2 o Live Remote Public Comment: Members of the public can submit a live remote public comment by: ▪ Joining the virtual Council meeting via the link below. When public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes. https://us02web.zoom.us/j/88501758733 ▪ Joining the virtual Council meeting by calling the phone number below. When public comment is opened, dial *9 to raise your hand and be called upon to speak for up to 3 minutes. 1-669-900-6833 or 1-833-548-0282 (Toll Free) Webinar ID: 885 0175 8733 o Email Public Comment: Comments from the public on agenda items will be accepted until 1:00 pm on the date of the meeting, via email to the City Clerk at cmenchaca@liveoakcity.org. Comments will be distributed to Council prior to the meeting and attached to the minutes. Please note that emailed comments will NOT be read aloud by staff during the meeting. o eComment Feature: Comments from the public on agenda items will be accepted until 1:00 pm on the date of the meeting, via the eComment feature at https://liveoakca.granicus.com/ViewPublisher.php?view_id=1. Comments will be distributed to Council prior to the meeting and attached to the minutes. Please note that eComments will NOT be read aloud by staff during the meeting.

LIVE OAK CITY COUNCIL AGENDA – JUNE 5, 2024 Page 3 CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AND INVOCATION CORRECTIONS AND/OR CHANGES TO THE AGENDA BY CITY MANAGER ONLY PRESENTATIONS AND RECOGNITIONS PUBLIC COMMENT Any person wishing to address the City Council on general jurisdictional matters or consent calendar items may do so at this time. If you are commenting on an agenda item, your comments will be heard at the time that item is scheduled for discussion. The City Council adopted a time limit of three minutes per person. The Brown Act does not allow for Council discussion of items not on the agenda. Councilmembers may only a) refer the matter to staff; b) ask for additional information; c) request a report back; or d) provide a limited factual response for items not listed on the agenda. CONSENT ITEMS Consent Calendar is passed by one motion with exceptions and separate votes as noted. 1. City Council Meeting Minutes Recommendation: Approve the May 15, 2024, City Council Regular Meeting minutes. (Clarissa Menchaca, City Clerk) 2. Adoption of an Ordinance to Rezone 2794 Pennington Road from Small Lot Residential (R-2) to Medium Density Residential (R-3) Recommendation: 1) Waive second reading of the ordinance; and 2) Adopt ordinance. (Kevin Valente, Planning Director) BUSINESS ITEMS 3. Discussion and Possible Action to Adopt Resolution Terminating the Declaration of an Emergency Situation and Rescinding the Waiver of Competitive Bidding Requirements Recommendation: Adopt resolution terminating the declaration of an emergency situation and rescinding the waiver for competitive bidding requirements. (Scott Rolls, City Engineer) 4. Resolution Approving Master Equipment Lease Purchase Agreement with Community First National Bank for Acquisition of One New Pierce Enforcer 1500 GPM Type 1 Fire Engine Recommendation: Adopt resolution approving the Master Equipment Lease Purchase Agreement with Community First National Bank for acquisition of one new Pierce Enforcer 1500 GPM Type 1 Engine. (Mark Scott, Interim City Manager) DISCUSSION ITEMS 5. Live Oak Festival Recommendation: Discussion and possible direction. (Luis Cibrian, Parks and Recreation Director)

LIVE OAK CITY COUNCIL AGENDA – JUNE 5, 2024 Page 4 6. Presentation and Discussion of Preliminary Fiscal Year 2024-25 Operating Budget Recommendation: Receive presentation and schedule final adoption for the June 19, 2024 City Council meeting. (Mark Scott, Interim City Manager) ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER COUNCILMEMBER COMMENTS ADJOURNMENT

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LIVE OAK CITY COUNCIL AGENDA – JUNE 5, 2024 Page 1 The Council may take up any agenda item at any time, regardless of the order listed. Action may be taken on any item on this agenda. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection at City Hall, 9955 Live Oak Boulevard, Live Oak, during normal business hours. Such documents are also available on the City of Live Oak’s website at www.liveoakcity.org, subject to staff’s availability to post the documents before the meeting. In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available. If you have a disability and need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk’s office at (530) 695-2112 x107. Requests must be made at least 24 hours in advance. • Remote Viewing: o Members of the public can view a livestream of the meeting online at https://liveoakca.granicus.com/ViewPublisher.php?view_id=1. o Members of the public can access the Zoom webinar as follows: ▪ Join by Electronic Device: https://us02web.zoom.us/j/88501758733 ▪ Join by Phone: 1-669-900-6833 or 1-833-548-0282 (Toll Free) Webinar ID: 885 0175 8733 • Public Comment: Members of the public can submit general public comments, as well as comment on specific agenda items in the following ways: o Public Attendance: Members of the public who attend in person may make comments from the Council Chamber podium. LIVE OAK CITY COUNCIL REGULAR MEETING AGENDA JUNE 5, 2024 6:00 PM MEETING LOCATION LIVE OAK COUNCIL CHAMBERS 9955 LIVE OAK BOULEVARD LIVE OAK, CALIFORNIA 95953 MEMBERS OF THE COUNCIL ASHLEY HERNANDEZ, MAYOR NANCY SANTANA, VICE MAYOR JERAMY CHAPDELAINE, COUNCILMEMBER LAKHVIR GHAG, COUNCILMEMBER BOB WOTEN, COUNCILMEMBER MARK SCOTT, INTERIM CITY MANAGER NICOLE ROSSER, CITY ATTORNEY 1

LIVE OAK CITY COUNCIL AGENDA – JUNE 5, 2024 Page 2 o Live Remote Public Comment: Members of the public can submit a live remote public comment by: ▪ Joining the virtual Council meeting via the link below. When public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes. https://us02web.zoom.us/j/88501758733 ▪ Joining the virtual Council meeting by calling the phone number below. When public comment is opened, dial *9 to raise your hand and be called upon to speak for up to 3 minutes. 1-669-900-6833 or 1-833-548-0282 (Toll Free) Webinar ID: 885 0175 8733 o Email Public Comment: Comments from the public on agenda items will be accepted until 1:00 pm on the date of the meeting, via email to the City Clerk at cmenchaca@liveoakcity.org. Comments will be distributed to Council prior to the meeting and attached to the minutes. Please note that emailed comments will NOT be read aloud by staff during the meeting. o eComment Feature: Comments from the public on agenda items will be accepted until 1:00 pm on the date of the meeting, via the eComment feature at https://liveoakca.granicus.com/ViewPublisher.php?view_id=1. Comments will be distributed to Council prior to the meeting and attached to the minutes. Please note that eComments will NOT be read aloud by staff during the meeting. 2

LIVE OAK CITY COUNCIL AGENDA – JUNE 5, 2024 Page 3 CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AND INVOCATION CORRECTIONS AND/OR CHANGES TO THE AGENDA BY CITY MANAGER ONLY PRESENTATIONS AND RECOGNITIONS PUBLIC COMMENT Any person wishing to address the City Council on general jurisdictional matters or consent calendar items may do so at this time. If you are commenting on an agenda item, your comments will be heard at the time that item is scheduled for discussion. The City Council adopted a time limit of three minutes per person. The Brown Act does not allow for Council discussion of items not on the agenda. Councilmembers may only a) refer the matter to staff; b) ask for additional information; c) request a report back; or d) provide a limited factual response for items not listed on the agenda. CONSENT ITEMS Consent Calendar is passed by one motion with exceptions and separate votes as noted. 1. City Council Meeting Minutes Recommendation: Approve the May 15, 2024, City Council Regular Meeting minutes. (Clarissa Menchaca, City Clerk) 2. Adoption of an Ordinance to Rezone 2794 Pennington Road from Small Lot Residential (R-2) to Medium Density Residential (R-3) Recommendation: 1) Waive second reading of the ordinance; and 2) Adopt ordinance. (Kevin Valente, Planning Director) BUSINESS ITEMS 3. Discussion and Possible Action to Adopt Resolution Terminating the Declaration of an Emergency Situation and Rescinding the Waiver of Competitive Bidding Requirements Recommendation: Adopt resolution terminating the declaration of an emergency situation and rescinding the waiver for competitive bidding requirements. (Scott Rolls, City Engineer) 4. Resolution Approving Master Equipment Lease Purchase Agreement with Community First National Bank for Acquisition of One New Pierce Enforcer 1500 GPM Type 1 Fire Engine Recommendation: Adopt resolution approving the Master Equipment Lease Purchase Agreement with Community First National Bank for acquisition of one new Pierce Enforcer 1500 GPM Type 1 Engine. (Mark Scott, Interim City Manager) DISCUSSION ITEMS 5. Live Oak Festival Recommendation: Discussion and possible direction. (Luis Cibrian, Parks and Recreation Director) 3

LIVE OAK CITY COUNCIL AGENDA – JUNE 5, 2024 Page 4 6. Presentation and Discussion of Preliminary Fiscal Year 2024-25 Operating Budget Recommendation: Receive presentation and schedule final adoption for the June 19, 2024 City Council meeting. (Mark Scott, Interim City Manager) ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER COUNCILMEMBER COMMENTS ADJOURNMENT 4

City of Live Oak Report to City Council Meeting Date: June 5, 2024 Title: City Council Meeting Minutes Contact Information: Clarissa Menchaca, City Clerk Recommendation: Approve the May 15, 2024 City Council Regular Meeting minutes. Attachments: Minutes 5

L IVE O AK C ITY C OUNCIL M INUTES – M AY 15, 2024 Page 1 C ALL TO ORDER Meeting called to order by Mayor Hernandez at Live Oak City Council Chambers, 9955 Live Oak Boulevard, Live Oak, CA at 6:05 pm. R OLL C ALL Present: Councilmembers Woten, Chapdelaine, Ghag, Vice Mayor Santana, and Mayor Hernandez P LEDGE OF A LLEGIANCE AND I NVOCATION Councilmember Ghag led the Pledge of Allegiance. Councilmember Woten delivered the invocation. C ORRECTIONS AND/ OR CHANGES TO THE A GENDA BY C ITY MANAGER ONLY There were no corrections and/or changes. P RESENTATIONS AND R ECOGNITIONS There were no presentations and/or recognitions. P UBLIC COMMENT Public Comment was opened and closed without any speakers. C ONSENT I TEMS Consent Calendar is passed by one motion with exceptions and separate votes as noted. MOTION : APPROVE THE CONSENT AGENDA . ( MOTION: GHAG ; SECOND : WOTEN ) 1. City Council Meeting Minutes Clarissa Menchaca, City Clerk Council action: May 1, 2024, City Council Regular Meeting minutes approved. LIVE OAK CITY COUNCIL M INUTES M AY 15, 2024 6:00 PM M EETING L OCATION L IVE O AK C OUNCIL C HAMBERS 9955 L IVE O AK B OULEVARD L IVE O AK , C ALIFORNIA 95953 MEMBERS OF THE COUNCIL ASHLEY HERNANDEZ , M AYOR N ANCY SANTANA , V ICE MAYOR JERAMY C HAPDELAINE , C OUNCILMEMBER LAKHVIR G HAG, C OUNCILMEMBER B OB WOTEN , C OUNCILMEMBER M ARK SCOTT , I NTERIM C ITY M ANAGER NICOLE ROSSER , C ITY ATTORNEY 6

L IVE O AK C ITY C OUNCIL M INUTES – M AY 15, 2024 Page 2 B USINESS I TEMS 2. Planning Commissioner Appointment Kevin Valente, Planning Director Kevin Valente, Planning Director, provided a report for the Council. Public Comment was opened and closed without any speakers. MOTION : CONFIRM THE APPOINTMENT OF SUTTER COUNTY PLANNING COMMISSIONER CHRISTINE IVORY TO THE LIVE OAK PLANNING COMMISSION. ( MOTION : GHAG; SECOND: CHAPDELAINE ) VOTE : MOTION PASSED UNANIMOUSLY P UBLIC HEARING I TEMS 3. Introduction of an Ordinance Rezoning Property from Small Lot Residential to Medium Density Residential for the 2794 Pennington Road Medical Office Project, and Resolutions Adopting the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Program, Approving the General Plan Map Amendment, and Approving the Use Permit Kevin Valente, Planning Director Kevin Valente, Planning Director, provided a report for the Council. Public Hearing was opened at 6:19 pm. Hardeep Mundh, project applicant, addressed the Council. Public Hearing was closed at 6:24 pm. MOTION : ADOPT RESOLUTION ADOPTING THE INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM . ( MOTION : SANTANA; SECOND: HERNANDEZ) VOTE : MOTION PASSED UNANIMOUSLY MOTION : ADOPT RESOLUTION APPROVING THE GENERAL PLAN MAP AMENDMENT AMENDING THE LAND USE DESIGNATION. ( MOTION : WOTEN ; SECOND: GHAG) VOTE : MOTION PASSED UNANIMOUSLY MOTION : WAIVE THE FIRST READING OF THE ORDINANCE ENTITLED , “ AN ORDINANCE TO REZONE A 0.14- ACRE PROPERTY FROM SMALL LOT RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR THE 2794 PENNINGTON ROAD MEDICAL OFFICE PROJECT . ( MOTION : CHAPDELAINE; SECOND: GHAG) VOTE : MOTION PASSED UNANIMOUSLY 7

L IVE O AK C ITY C OUNCIL M INUTES – M AY 15, 2024 Page 3 MOTION : ADOPT RESOLUTION APPROVING THE USE PERMIT . ( MOTION : GHAG; SECOND: SANTANA) VOTE : MOTION PASSED UNANIMOUSLY D ISCUSSION I TEMS 4. Adopting Mobile Vendor and Sidewalk Vendor Ordinances Mark Scott, Interim City Manager **Clerk’s Note: Councilmember Woten and Mayor Hernandez recused themselves for this item. Mark Scott, Interim City Manager, provided a report for the Council. Public Comment was opened and closed without any speakers. Council action: Direction provided for Planning staff to move forward with the Planning Commission to seek input for Council recommendation. 5. Discussion of Fiscal Year 2024-25 Budget Assumptions Mark Scott, Interim City Manager Mark Scott, Interim City Manager, provided a report for the Council. Public Comment was opened and closed without any speakers. Council action: Accepted for information. UPDATES AND A NNOUNCEMENTS FROM THE C ITY A TTORNEY AND C ITY MANAGER Mark Scott, Interim City Manager, touched on the issuance of an RFP for the rate study and on proposals received for the city manager recruitment. Mr. Scott provided an update on the business grants program and on the Archer Avenue emergency repair. Luis Cibrian, Parks and Recreation Director, highlighted the following events and projects: Sutter County Butterfly Project, Live Oak Clean Up Day, Food Festival, Youth Basketball Program, cleanup of the Highway 99 corridor, dog park, school pool parties, swim lessons, Aquafit, Tennis Camp, and Stay Kool at the Pool. C OUNCILMEMBER C OMMENTS Councilmember Woten touched on the progress being made with the interim city manager. Councilmember Chapdelaine highlighted his attendance at the Local Agency Formation Commission meeting, and the Regional Housing Authority Board of Directors meeting. Councilmember Ghag discussed his attendance at the following meetings: Yuba Sutter Economic Development Corporation, Sutter Butte Flood Control Agency, and Sutter-Yuba Mosquito and Vector Control District. Councilmember Ghag touched on revamping the Live Oak Chamber of Commerce. 8

L IVE O AK C ITY C OUNCIL M INUTES – M AY 15, 2024 Page 4 Vice Mayor Santana highlighted her attendance at a meeting with the school to discuss the possibility of a school resource officer. Vice Mayor Santana addressed the animal control issues and requested the City host an event for the 4 th of July. Mayor Hernandez touched on her attendance on a hiring committee for the Sutter County Sheriff’s Department and discussed meeting with staff regarding obtaining crime reports from the Department. Additionally, Mayor Hernandez discussed her attendance at the Government Affairs Committee of the Sutter Yuba Homeless Consortium. A DJOURNMENT Mayor Hernandez adjourned the meeting at 8:39 pm. Ashley Hernandez, Mayor ATTEST: Clarissa Menchaca, City Clerk 9

City of Live Oak Report to City Council Meeting Date: June 5, 2024 Title: Adoption of an Ordinance to Rezone 2794 Pennington Road from Small Lot Residential (R-2) to Medium Density Residential (R-3) Contact Information: Kevin Valente, AICP, Contract Planner Location: 2794 Pennington Road (APN 006-171-001). Background: The project applicant is requesting a Rezone to operate a medical office and clinic located at 2794 Pennington Road identified as Sutter County Assessor Parcel Number (APN) 006-171-001. The 0.14-acre project site is currently located in the R-2 zoning district. The subject property is currently developed with a 1,650-square-foot residence. On May 15, 2024, the Live Oak City Council held a public hearing for the proposed project, and upon close of the public hearing, approved the following entitlements: * Resolution adopting the 2794 Pennington Road Medical Office and Clinic Initial Study/Mitigated Negative Declaration (IS/MND) and the 2794 Pennington Road Medical Office and Clinic Mitigation Monitoring Program (MMP); * Resolution approving the General Plan Map Amendment from Smaller-Lot Residential to Medium Density Residential; * Introduce and waive the first reading of the ordinance to rezone the 0.14- acre property (APN) 06-171-001 from R-2 to R-3; and * Resolution approving with conditions the Use Permit for the operation of a Medical Office and Clinic. 10

Analysis: Pursuant to California State law, the adoption of an ordinance requires a first reading and second reading for City Council approval. On May 15, 2024, the Live Oak City Council voted to introduce and waive the first reading of the proposed ordinance. Tonight, is the second reading and adoption of the proposed ordinance to rezone 2794 Pennington Road. Environmental Review An IS/MND was prepared for the proposed project which determined that all potentially significant environmental impacts resulting from the proposed project would be mitigated to a less-than-significant level with incorporation of mitigation. CONCLUSION Waive the second reading of, and adopt, the ordinance to rezone the 0.14-acre property (APN 06-171-001) from R-2 to R-3 (see Attachment 1). Fiscal Impacts: None. Recommendation: 1) Waive the second reading of the ordinance; and 2) Adopt ordinance. Attachments: Attachment 1 - Ordinance 11

1 ORDINANCE NO. 586 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVE OAK TO REZONE A 0.14-ACRE PROPERTY FROM SMALL LOT RESIDENTIAL (R-2) TO MEDIUM DENSITY RESIDENTIAL (R-3) FOR THE 2794 PENNINGTON ROAD MEDICAL OFFICE PROJECT (APN) 06-171-001 The City Council of the City of Live Oak does ordain as follows: SECTION 1: The City Council determined on May 15, 2024, that, pursuant to Section 15074 of the Guidelines of the California Environmental Quality Act, and after full consideration of the Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring Program (MMP) prepared for project, and on the basis of the whole record before it, the IS/MND for the 2794 Pennington Road Medical Office and Clinic Project should be certified. SECTION 2: At its regular meeting of April 16, 2024, the Live Oak Planning Commission recommended that the Live Oak City Council adopt the Ordinance to rezone the 0.14-acre property (APN 06- 171-001) from Small Lot Residential (R-2) to Medium Density Residential (R-3). SECTION 3: The 0.14-acre property identified as APN 06-171-001, is hereby rezoned from Small Lot Residential (R-2) Zoning District to Medium Density Residential (R-3) Zoning District for consistency with the City of Live Oak General Plan Land Use Designation Map. SECTION 4: The City Council finds that the public necessity requires the proposed zone change; that the subject property is suitable to the uses permitted in the proposed zone change; that said permitted uses are not detrimental to the surrounding property; and that the proposed zone change is in conformance with the Live Oak General Plan. SECTION 5: This ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption. SECTION 6: Within fifteen (15) days from the date of passage of this ordinance, the City Clerk shall post a copy of it in at least three public places in the City. * * * * * * * 12

2 I HEREBY CERTIFY that the forgoing ordinance was introduced and adopted at a regular meeting of the City Council of the City of Live Oak, held on the 15th of May, 2024, and passed and adopted at a regular meeting thereof, held on the 6th of June, 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________________ Mayor of the City of Live Oak ATTEST: ____________________________________ City Clerk of the City of Live Oak 13

City of Live Oak Report to City Council Meeting Date: June 5, 2024 Title: Discussion and Possible Action to Adopt Resolution Terminating the Declaration of an Emergency Situation and Rescinding the Waiver of Competitive Bidding Requirements Contact Information: Scott Rolls, City Engineer Location: Archer Avenue 14

Background: Beginning in August of 2022, a sink hole developed in the eastbound lane of Archer Avenue, east of K Street at the Butte Water District Live Oak Lateral crossing indicating a potential breach of the District crossing pipe. City staff notified the District of the issue and encouraged repair of the crossing during the winter 2022 off-season. No repair work was done. During the 2023 irrigation season, the sink hole size increased and at one point water was being forced through the street plates covering the sink hole. The District was notified of the advancing problem and water flow in the lateral was reduced. Again, the District was encouraged to repair the crossing. The attorney for the District then informed staff that repair of the facility was not the District's responsibility and that Section 7034 of the California Code of Regulations (Water Code) places responsibility for repair and/or replacement of the lateral crossing on the City. The meaning of Section 7034 was clarified and affirmed by a 1960 California Attorney General opinion. Irrigation water in the lateral was shut off in mid November. In December, staff inspected the crossing and engaged the services of Nor-Cal Pipeline Services to conduct a video inspection. The video clearly shows that the crossing pipe has collapsed at the location of the sink hole (it is likely that the water pressure in the pipe during operation of the lateral was supporting the pipe). The crossing is currently unusable for delivering irrigation water to properties south of Archer Avenue. While the sink hole is currently stable, expedited repair to restore the functionality of the lateral and repair the traveled way of Archer Avenue is a necessity. The crossing consists of approximately 92 feet of 57" x 38" CMP pipe arch and concrete headwalls. Specific information regarding the installation of the crossing has not been found but it appears to have been constructed sometime in the 1930s or 1940s. Replacement of the entire crossing is estimated to cost between $150,000 and $200,000. During the February 21, 2024 City Council meeting, the City Council adopted Resolution No. 03-2024 authorizing the procurement of necessary equipment, services, and supplies, without giving notice for bids to let contracts. Said Resolution further declared that an emergency situation existed and that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Analysis: Repair and resurfacing work was completed the week of April 15, 2024. Butte Water District began water deliveries the first week of May. Final cost for the repair and resurfacing work was $45,639.01. This is a temporary repair to allow Butte Water District to deliver water to their customers without delay. Replacement of the entire crossing is still necessary. The full replacement will be incorporated into a future Archer Avenue reconstruction project. 15

Fiscal Impacts: One time Streets Fund cost of $45,639.01 for emergency repair work. Recommendation: Adopt resolution terminating the declaration of an emergency situation and rescinding the waiver of competitive bidding requirements. Attachments: Resolution 16

1 Resolution No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVE OAK TERMINATING THE DECLARATION OF AN EMERGENCY SITUATION AND RESCINDING THE AUTHORIZATION OF THE PROCUREMENT OF NECESSARY EQUIPMENT, SERVICES, AND SUPPLIES, WITHOUT GIVING NOTICE FOR BIDS TO LET CONTRACTS WHEREAS, pursuant to Public Contract Code sections 20168 and 22050, the CITY OF LIVE OAK (“City”) may make a finding allowing the procurement of necessary equipment, services, and supplies, without giving notice for bids to let contracts, in the case of an emergency; and WHEREAS, pursuant to Live Oak Municipal Code section 3.20.120 competitive bidding requirements may be waived with the approval of the City Council; and WHEREAS, the Butte Water District (“District”) Live Oak Lateral Crossing (“Crossing”) of Archer Avenue, east of K Street, had collapsed; and WHEREAS, the collapse of Crossing had occurred within the eastbound lane of Archer Avenue, creating a sink hole within said lane; and WHEREAS, the aforementioned sink hole presented a risk to public safety; and WHEREAS, Water Code Section 7034 required City to maintain, repair or replace Crossing; and WHEREAS, District was under obligation to deliver irrigation water to customers beginning in April of 2024; and WHEREAS, failure to deliver irrigation water to customers downstream of Archer Avenue presents a risk to property; and WHEREAS, the City Council desired to repair Crossing prior to mid-April 2024; and WHEREAS, the City Council adopted Resolution 03-2024 on February 21, 2024, declaring that an emergency situation existed and that the public interest and necessity demanded the immediate expenditure of public money to safeguard life, health or property; and WHEREAS, repair of Crossing has been completed and the emergency situation has been resolved. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Live Oak, terminates the declaration that an emergency situation exists. It is further resolved that the waiver from competitive solicitation for bids, and the competitive bidding requirements of the Live Oak Municipal Code are hereby rescinded. 17

PASSED AND ADOPTED by the City Council of the City of Live Oak this 5th day of June, 2024, by the following vote: AYES: NOES: ABSENT: NOT VOTING: APPROVED: Ashley Hernandez, Mayor ATTEST: Clarissa Menchaca, City Clerk 18

City of Live Oak Report to City Council Meeting Date: June 5, 2024 Title: Resolution Approving Master Equipment Lease Purchase Agreement with Community First National Bank for Acquisition of One New Pierce Enforcer 1500 GPM Type 1 Fire Engine Contact Information: Mark Scott, Interim City Manager Background: On April 17, 2024, the Live Oak City Council approved a staff recommendation to order a new Pierce Enforcer 1500 GPM Type 1 Fire Engine, and to proceed with lease purchase financing. Terms and conditions of the acquisition were included in the City Council action on April 17, 2024. (A copy of that agenda report is attached.) The vehicle is being procured through Golden State Fire Apparatus, representing Pierce Manufacturing. Financing is being done through Community Leasing Partners, a division of Community First National Bank. Attached is the City Council resolution which would approve the Master Equipment Lease Purchase Agreement with Community First National Bank. Delivery of the new Engine is expected in approximately 48-50 months. It will replace Live Oak's current E-5 Fire Engine that will have nearly 12 years of service as of the expected delivery date. The existing E

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