City Council

LIVE OAK C ,\ I I I l) I\ N I 1\ LIVE OAK CITY COUNCIL MINUTES NOVEMBER 18, 2020 6:00 PM LIVE OAK CITY COUNCIL MINUTES - NOVEMBER 18, 2020 The live Oak City Council conducted this meeting in accordance with Governor Newsom's Executive Orders N- 25-20 and N-29-20. CALL TO ORDER Meeting called to order by Mayor Woten at Live Oak City Council Chambers, 9955 Live Oak Boulevard, Live Oak, CA at 6:00 pm. ROLL CALL Present: Mayor Woten Appeared via teleconference: Councilmembers Thiara, Ghag, and Tica Absent: Vice Mayor Hernandez PLEDGE OF ALLEGIANCE AND INVOCATION Council member Tica led the Pledge of Allegiance. Councilmember Ghag delivered the invocation. CORRECTIONS AND/OR CHANGES TO THE AGENDA BY CITY MANAGER ONLY There were no corrections and/or changes to the agenda . PUBLIC COMMENT Public Comment was opened and closed without any speakers. Page 1

LIVE OAK CITY COUNCIL MINUTES- NOVEMBER 18, 2020 CONSENT ITEMS 1. MOTION : VOTE: AYES: NOES: ABSENT: APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 1 WHICH WAS REMOVED FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION. (MOTION : TICA; SECOND : GHAG) MOTION PASSED 4-0-1 COUNCILMEMBER THIARA, GHAG, TICA, AND MAYOR WOTEN NONE VICE MAYOR HERNANDEZ City Council Meeting Minutes Clarissa Menchaca, City Clerk This item was removed from the Consent Agenda for further discussion at th e request of Councilmember Thiara. 2. Resolution Authorizing the County of Yuba to Submit to the California Department of Resources Recycling and Re cove ry (CalRecyclel, a Collaborative Application for Waste Tire Enforcement Grant, Fiscal Year (FY) 2021-22 on the City of Live Oak's Behalf Alison Schmidt, Management Analyst Council ac tion: Resolution No. 25-2020 entitled "Resolution of the City Council of the City of Live Oak Authorizing the County of Yuba to Submit to the California Department of Resources Recycling and Recovery, a Collaborative Application for Waste Tire Enforcement Grant, Fiscal Year 2021/2022 on Its Behalf" adopted. PUBLIC HEARINGS 3. Orchard View I and Orchard View II Tentative Subdivision Maps Kev in Valente, Planning Director Kevin Valente, Planning Director, provided a report for the Council. *Clerk's Note: Vice Mayor Hernandez appeared via teleconference at 6:41 pm. Public Hea ring was opened at 6:44 pm. Public Comment was opened and closed without any speakers. Michael Robertson, Baker-Williams Engine er ing Group, In c., addressed questions from the Council. Public Hearing was closed at 6:51 pm. Page 2

MOTION: VOTE: AYES: NOES: LIVE OAK CITY COUNCIL MINUTES- NOVEMBER 18, 2020 1) ADOPT RESOLUTION APPROVING THE ORCHARD VIEW I AND II SUBDIVISION PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) AND THE ORCHARD VIEW I AND II SUBDIVISION PROJECT MITIGATION MONITORING PROGRAM (MMP) ; 2) ADOPT RESOLUTION APPROVING THE ORCHARD VIEW I TENTATIVE SUBDIVISION MAP; AND 3} ADOPT RESOLUTION APPROVING THE ORCHARD VIEW II TENTATIVE SUBDIVISION MAP. (MOTION : TICA; SECOND: HERNANDEZ) MOTION PASSED 3-2 COUNCILMEMBER TICA, VICE MAYOR HERNANDEZ, AND MAYOR WOTEN COUNCILMEMBERS THIARA AND GHAG Reference Resolution No. 26-2020, Resolution No. 27-2020, and Resolution No. 28 -2020. ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION 1. City Council Meeting Minutes Clarissa Menchaca, City Clerk MOTION: VOTE: AYES: NOES: APPROVE THE NOVEMBER 4, 2020 CITY COUNCIL SPECIAL MEETING MINUTES AND THE NOVEMBER 4, 2020 REGULAR MEETING MINUTES. (MOTION : TICA; SECOND: WOTEN) MOTION PASSED 3-2 COUNCILMEMBER TICA, VICE MAYOR HERNANDEZ, AND MAYOR WOTEN COUNCILMEMBERS THIARA AND GHAG UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER Aaron Palmer, City Manager, provided an update regarding COVID-19 and Well 7. COUNCILMEMBER COMMENTS (WRITTEN ONLY) There were no Councilmember comments. ADJOURNMENT Adjourned the meeting at 7:01 pm. Page 3

LIVE OAK CITY COUNCIL AGENDA – NOVEMBER 18, 2020 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. Pursuant to Governor Newsom’s Executive Orders N-25-20 and N-29-20, members of the Live Oak City Council or staff may participate in this meeting via a teleconference. In the interest of the maintaining appropriate social distancing, members of the public are encouraged to participate in the meeting in the following ways: • Remote Viewing: Members of the public can view a livestream of the meeting online at https://liveoakca.granicus.com/ViewPublisher.php?view_id=1. • Public Comment: Members of the public can submit general public comments, as well as comment on specific agenda items in the following ways: o Email Public Comment: Public Comment can be submitted via email to the City Clerk at cmenchaca@liveoakcity.org during the meeting, prior to the close of public comment on an item, and read into the record during public comment. o eComment Feature: Public Comment will be accepted online between Thursday, November 12th through Wednesday, November 18th through the eComment feature at: https://liveoakca.granicus.com/ViewPublisher.php?view_id=1. LIVE OAK CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 18, 2020 6:00 PM MEETING LOCATION LIVE OAK COUNCIL CHAMBERS 9955 LIVE OAK BOULEVARD LIVE OAK, CALIFORNIA 95953 MEMBERS OF THE COUNCIL BOB WOTEN, MAYOR LUIS HERNANDEZ, VICE MAYOR ALEKSANDAR TICA, COUNCILMEMBER LAKHVIR GHAG, COUNCILMEMBER J.R. THIARA, COUNCILMEMBER AARON PALMER, CITY MANAGER BRANT BORDSEN, CITY ATTORNEY

LIVE OAK CITY COUNCIL AGENDA – NOVEMBER 18, 2020 Page 2 CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AND INVOCATION CORRECTIONS AND/OR CHANGES TO THE AGENDA BY CITY MANAGER ONLY 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 November 4, 2020 City Council Special Meeting minutes and the November 4, 2020 Regular Meeting minutes. (Clarissa Menchaca, City Clerk) 2. Resolution Authorizing the County of Yuba to Submit to the California Department of Resources Recycling and Recovery (CalRecycle), a Collaborative Application for Waste Tire Enforcement Grant, Fiscal Year (FY) 2021-22 on the City of Live Oak’s Behalf Recommendation: Adopt resolution authorizing the County of Yuba to submit to the CalRecycle a collaborative application for the Waste Tire Enforcement Grant, FY 2021-22 on the City’s behalf. (Alison Schmidt, Management Analyst) PUBLIC HEARINGS 3. Orchard View I and Orchard View II Tentative Subdivision Maps Recommendation: 1) Adopt resolution approving the Orchard View I and II Subdivision Project Initial Study/Mitigated Negative Declaration (IS/MND) and the Orchard View I and II Subdivision Project Mitigation Monitoring Program (MMP); 2) Adopt resolution approving the Orchard View I Tentative Subdivision Map; and 3) Adopt resolution approving the Orchard View II Tentative Subdivision Map. (Kevin Valente, Planning Director) ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER COUNCILMEMBER COMMENTS (WRITTEN ONLY) ADJOURNMENT

LIVE OAK CITY COUNCIL AGENDA – NOVEMBER 18, 2020 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. Pursuant to Governor Newsom’s Executive Orders N-25-20 and N-29-20, members of the Live Oak City Council or staff may participate in this meeting via a teleconference. In the interest of the maintaining appropriate social distancing, members of the public are encouraged to participate in the meeting in the following ways: • Remote Viewing: Members of the public can view a livestream of the meeting online at https://liveoakca.granicus.com/ViewPublisher.php?view_id=1. • Public Comment: Members of the public can submit general public comments, as well as comment on specific agenda items in the following ways: o Email Public Comment: Public Comment can be submitted via email to the City Clerk at cmenchaca@liveoakcity.org during the meeting, prior to the close of public comment on an item, and read into the record during public comment. o eComment Feature: Public Comment will be accepted online between Thursday, November 12th through Wednesday, November 18th through the eComment feature at: https://liveoakca.granicus.com/ViewPublisher.php?view_id=1. LIVE OAK CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 18, 2020 6:00 PM MEETING LOCATION LIVE OAK COUNCIL CHAMBERS 9955 LIVE OAK BOULEVARD LIVE OAK, CALIFORNIA 95953 MEMBERS OF THE COUNCIL BOB WOTEN, MAYOR LUIS HERNANDEZ, VICE MAYOR ALEKSANDAR TICA, COUNCILMEMBER LAKHVIR GHAG, COUNCILMEMBER J.R. THIARA, COUNCILMEMBER AARON PALMER, CITY MANAGER BRANT BORDSEN, CITY ATTORNEY 1

LIVE OAK CITY COUNCIL AGENDA – NOVEMBER 18, 2020 Page 2 CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AND INVOCATION CORRECTIONS AND/OR CHANGES TO THE AGENDA BY CITY MANAGER ONLY 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 November 4, 2020 City Council Special Meeting minutes and the November 4, 2020 Regular Meeting minutes. (Clarissa Menchaca, City Clerk) 2. Resolution Authorizing the County of Yuba to Submit to the California Department of Resources Recycling and Recovery (CalRecycle), a Collaborative Application for Waste Tire Enforcement Grant, Fiscal Year (FY) 2021-22 on the City of Live Oak’s Behalf Recommendation: Adopt resolution authorizing the County of Yuba to submit to the CalRecycle a collaborative application for the Waste Tire Enforcement Grant, FY 2021-22 on the City’s behalf. (Alison Schmidt, Management Analyst) PUBLIC HEARINGS 3. Orchard View I and Orchard View II Tentative Subdivision Maps Recommendation: 1) Adopt resolution approving the Orchard View I and II Subdivision Project Initial Study/Mitigated Negative Declaration (IS/MND) and the Orchard View I and II Subdivision Project Mitigation Monitoring Program (MMP); 2) Adopt resolution approving the Orchard View I Tentative Subdivision Map; and 3) Adopt resolution approving the Orchard View II Tentative Subdivision Map. (Kevin Valente, Planning Director) ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER COUNCILMEMBER COMMENTS (WRITTEN ONLY) ADJOURNMENT 2

City of Live Oak Report to City Council Meeting Date: November 18, 2020 Title: City Council Meeting Minutes Contact Information: (Clarissa Menchaca, City Clerk) Recommendation: Approve the November 4, 2020 City Council Special Meeting minutes and the November 4, 2020 Regular Meeting minutes. Attachments: November 4, 2020 Special Meeting Minutes November 4, 2020 Regular Meeting Minutes 3

L IVE O AK C ITY C OUNCIL M INUTES – NOVEMBER 4, 2020 Page 1 The Live Oak City Council conducted this meeting in accordance with Governor Newsom’s Executive Orders N- 25-20 and N-29-20. C ALL TO ORDER Meeting called to order by Mayor Woten at Live Oak City Council Chambers, 9955 Live Oak Boulevard, Live Oak, CA at 5:18 pm. R OLL C ALL Present: Mayor Woten Appeared via teleconference: Councilmembers Thiara, Ghag, Tica, and Vice Mayor Hernandez P UBLIC COMMENT The following member of the public submitted a Public Comment: Johnny Ceballos. C LOSED SESSION 1. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8: Property Description: City park north of City Hall and City Hall at 9955 Live Oak Boulevard City Negotiator: Aaron Palmer Negotiating Parties: Fred Northern Negotiations: Price and terms C LOSED SESSION R EPORT The City Council took no action. LIVE OAK CITY COUNCIL S PECIAL M EETING M INUTES N OVEMBER 4, 2020 5:15 PM 4

L IVE O AK C ITY C OUNCIL M INUTES – NOVEMBER 4, 2020 Page 2 A DJOURNMENT Adjourned the meeting at 5:43 pm. Bob Woten, Mayor ATTEST: Clarissa Menchaca, City Clerk 5

L IVE O AK C ITY C OUNCIL M INUTES – NOVEMBER 4, 2020 Page 1 The Live Oak City Council conducted this meeting in accordance with Governor Newsom’s Executive Orders N- 25-20 and N-29-20. C ALL TO ORDER Meeting called to order by Mayor Woten at Live Oak City Council Chambers, 9955 Live Oak Boulevard, Live Oak, CA at 6:03 pm. R OLL C ALL Present: Mayor Woten Appeared via teleconference: Councilmembers Thiara, Ghag, Tica, and Vice Mayor Hernandez P LEDGE OF A LLEGIANCE AND I NVOCATION Councilmember Tica led the Pledge of Allegiance. Councilmember Ghag delivered the invocation. C ORRECTIONS AND/ OR C HANGES TO THE A GENDA BY C ITY MANAGER ONLY There were no corrections and/or changes to the agenda. C LOSED SESSION R EPORT The City Council took no action. P UBLIC COMMENT Public Comment was opened and closed without any speakers. C ONSENT I TEMS 1. City Council Meeting Minutes Clarissa Menchaca, City Clerk This item was removed from the Consent Agenda for further discussion at the request of Councilmember Thiara. LIVE OAK CITY COUNCIL M INUTES N OVEMBER 4, 2020 6:00 PM 6

L IVE O AK C ITY C OUNCIL M INUTES – NOVEMBER 4, 2020 Page 2 B USINESS I TEMS 2. Capital Improvement Plan Joe Aguilar, Finance Director Joe Aguilar, Finance Director, provided a report for the Council. Public Comment was opened and closed without any speakers. Council action: Accepted for information. 3. Discussion and Possible Action Regarding the Potential Censure of Councilmember Thiara Bob Woten, Mayor The following member of the public submitted a Public Comment: Anonymous. MOTION : CALL FOR THE QUESTION. ( MOTION : TICA; SECOND: WOTEN ) VOTE : MOTION PASSED 3-0-2 AYES: COUNCILMEMBER TICA , VICE MAYOR HERNANDEZ , AND MAYOR WOTEN NOES: NONE NOT-VOTING: COUNCILMEMBERS THIARA AND GHAG MOTION : ADOPT RESOLUTION TO CENSURE COUNCIL MEMBER J. R. THIARA. ( MOTION : WOTEN ; SECOND: HERNANDEZ) VOTE : MOTION PASSED 3-0-2 AYES: COUNCILMEMBER TICA , VICE MAYOR HERNANDEZ , AND MAYOR WOTEN NOES: NONE NOT-VOTING: COUNCILMEMBERS THIARA AND GHAG Reference Resolution No. 24-2020. I TEMS REMOVED FROM THE C ONSENT A GENDA FOR C OUNCIL C ONSIDERATION AND A CTION 1. City Council Meeting Minutes Clarissa Menchaca, City Clerk Aaron Palmer, City Manager, addressed questions from the Council. Brant Bordsen, City Attorney, addressed questions from the Council. Council action: Tabled this item. UPDATES AND A NNOUNCEMENTS FROM THE C ITY A TTORNEY AND C ITY MANAGER There were no updates and announcements from the City Attorney and the City Manager. 7

L IVE O AK C ITY C OUNCIL M INUTES – NOVEMBER 4, 2020 Page 3 C OUNCILMEMBER C OMMENTS (WRITTEN ONLY) There were no Councilmember comments. A DJOURNMENT Adjourned the meeting at 8:27 pm. Bob Woten, Mayor ATTEST: Clarissa Menchaca, City Clerk 8

City of Live Oak Report to City Council Meeting Date: November 18, 2020 Title: Resolution Authorizing the County of Yuba to Submit to the California Department of Resources Recycling and Recovery (CalRecycle), a Collaborative Application for Waste Tire Enforcement Grant, Fiscal Year (FY) 2021-22 on the City of Live Oak's Behalf Contact Information: (Alison Schmidt, Management Analyst) Location: City Wide Background: The County of Yuba Environmental Health operates as the Yuba-Sutter LEA (Local Enforcement Agency) to perform waste tire activities on behalf of the City of Live Oak. In order for Yuba County to submit to the California Department of Resources Recycling and Recovery a Collaborative Application for the Waste Tire Enforcement Grant, Fiscal Year 2021/2022 on behalf of the City of Live Oak, it is necessary for the Council to adopt a resolution authorizing and empowering the County of Yuba to execute all grant-related documents, including, but not limited to applications, payment requests, agreements, and amendments necessary to secure grant funds and implement and carry out the purposes specified in the grant application, and to further authorize the County of Yuba to conduct waste tire enforcement activities within the jurisdictional boundaries of the City of Live Oak during the term of Fiscal Year 2021/2022 Local Government Waste Tire Enforcement Grant. The City has been partnering annually with Yuba County since 2011 in this program. Information regarding the program can be found on the Yuba County Environmental Health Website at https://www.yuba.org/departments/community_development/environmental_health/solid_ Fiscal Impacts: None Recommendation: Adopt resolution authorizing the County of Yuba to submit to the CalRecycle a collaborative application for the Waste Tire Enforcement Grant, FY 2021- 22 on the City's behalf. Attachments: Resolution 9

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Resolution No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVE OAK AUTHORIZING THE COUNTY OF YUBA TO SUBMIT TO THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY, A COLLABORATIVE APPLICATION FOR WASTE TIRE ENFORCEMENT GRANT, FISCAL YEAR 2021/2022 ON ITS BEHALF WHEREAS, Public Resources Code sections 40000 et seq. authorizes the Department of Resources Recycling and Recovery (CalRecycle), to administer various Grant Programs (Grants) in furtherance of the State of California’s (State) efforts to reduce, recycle and reuse solid waste generated in the State, thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, funds are allocated and available from the CalRecycle for Grants to cities, counties, and cities and counties with regulatory authority within the city and county government to perform enforcement/compliance and surveillance activities of entities and/or individuals involved with the waste tire industry; and WHEREAS, CalRecycle has been delegated the responsibility for the administration of the Program within the State; and WHEREAS, in furtherance of this authority CalRecycle is required to establish necessary procedures governing the application, awarding and management of the Grants; and WHEREAS, the County of Yuba has agreed to perform waste tire activities on behalf of the City of Live Oak. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Live Oak authorizes the County of Yuba to submit to the California Department of Resources Recycling and Recovery a Collaborative Application for the Waste Tire Enforcement Grant, Fiscal Year 2021/2022 on its behalf. PASSED AND ADOPTED by the City Council of the City of Live Oak this 18 th day of November, 2020, by the following vote: AYES: NOES: ABSENT: NOT VOTING: APPROVED: Bob Woten, Mayor ATTEST: Clarissa Menchaca, City Clerk 11

City of Live Oak Report to City Council Meeting Date: November 18, 2020 Title: Orchard View I and Orchard View II Tentative Subdivision Maps Contact Information: (Kevin Valente, Planning Director) Location: Orchard View I is located east of Luther Road extending to Hampton Road and is identified as Assessor Parcel Numbers (APNs) 06-010-001, 06-600- 006, and -007 (Attachment 1). Orchard View II is located South of Pennington Road and east of De Ree Road and is identified as APNs 06-400- 002, -003, and -004 (Attachment 2). Background: The Orchard View I Tentative Subdivision Map (TSM) was originally approved by the Live Oak City Council on July 7, 2005, and the Orchard View II TSM was originally approved by the Live Oak City Council on September 15, 2005. Both maps were granted a two-year and three-year extension from the Live Oak Planning Commission, and received additional governmental extensions from Senate Bill (SB) 1185, Assembly Bill (AB) 333, AB 208, and AB 116. Further extensions were not available and the Orchard View I TSM expired on July 7, 2019 and the Orchard View II TSM expired on September 16, 2019. Therefore, the project applicant and project engineer, Michael Robertson, submitted applications on behalf of the ownership group and project sponsor Chris Sordi, for both Orchard View I and Orchard View II for new approvals. Analysis: The Orchard View I and Orchard View II Subdivision Project (proposed project) would include the development of two single-family residential subdivisions consisting of a total of 172 single-family lots and requires City Council approval of two separate TSMs. The Orchard View I Subdivision is proposing to subdivide 28.7 acres into 129 lots with a minimum lot size of 6,000 square feet (sf), and Orchard View II is proposing to subdivide 9.8 acres into 43 lots with a minimum lot size of 6,000-sf. Orchard View I Tentative Subdivision Map The Orchard View I property is currently used as an orchard and surrounding land uses include single-family residences to the southeast, orchards to the north and west, and scattered single-family residences southwest of the project site. The property is designated as Low-Density Residential (LDR) in 12

the City of Live Oak 2030 General Plan and is zoned Low Density Residential District (R-1). The property is currently used as an orchard and surrounding land uses include single-family residences to the southeast, orchards to the north and west, and scattered single-family residences southwest of the project site. The proposed 129-single-family residential lots on 28.7 acres would result in a density of 4.49 dwelling units per gross acre (du/ac), consistent with the current LDR General Plan land use designation of 2-6 du/ac. To create internal circulation for Orchard View I, a new egress point along Luther Road would provide access to the site, as well as through the proposed extensions of Epperson Way, Erika Way, and Tulip Avenue. The proposed project would include the construction of a new main roadway, Michayla Avenue, and six cul-de-sacs. To accommodate future connections to the site, Marissa Way and Erika Way extend toward the north. Consistent with the Live Oak 2030 General Plan, the project would include four- to six-foot wide sidewalks along all internal roadways, as well as frontage improvements along Luther Road. Orchard View II Tentative Subdivision Map The Orchard View II property is currently used as an orchard and surrounded by single-family residential uses on all sides. The property is designated as Smaller-Lot Residential (SLR) in the City of Live Oak 2030 General Plan and is zoned Small Lot Residential District (R-2). The proposed 43-single- family residential lots on 9.8 acres would result in a density of 4.44 du/ac, consistent with the current SLR General Plan land use designation of 4-10 du/ac. Orchard View II would be accessible from De Ree Road via new connections to the existing terminus of Elm Street and Date Street. One cul- de-sac, Chiyoko Court, is proposed between Fir Street and Elm Street. Consistent with the Live Oak 2030 General Plan, the project would include four- to six-foot wide sidewalks along all internal roadways, as well as frontage improvements along De Ree Road, and Pennington Way. Water and sewer services for the proposed project, new sanitary sewer lines, and water lines would be extended from existing City infrastructure to the project site. Stormwater runoff from the project sites would flow into gutters along the internal roadways and into City’s existing storm drainage system. Electricity, natural gas, and telecommunications utilities would be provided by way of connections to existing infrastructure located within the immediate project vicinity. Environmental Review In accordance with the California Environmental Quality Act (CEQA), the City has prepared an IS/MND, which determined all potentially significant environmental impacts would be mitigated to a less-than-significant level with incorporation of mitigation. As a result, a MMP has been prepared for the proposed project. 13

In addition, pursuant to CEQA, the IS/MND was published from August 11, 2020 to September 9, 2020 to solicit comments and input from the public. The City received a comment letter from the California Department of Conservation regarding the loss of agricultural land and a comment letter from a property owner located adjacent to the proposed Orchard View II project site who is against new development in the area. Planning Commission Recommendation On October 20, 2020 the Live Oak Planning Commission voted to recommend the City Council adopt the Orchard View I and II Subdivision Project Initial Study/Mitigated Negative Declaration (IS/MND) and the Orchard View I and II Subdivision Project Mitigation Monitoring Program (MMP) as being adequate to address any potential environmental impacts of the proposed project. However, the Planning Commission did have concerns regarding utilities and traffic for when the Orchard View project is constructed. Therefore, the Planning Commission recommended City Council request additional studies be conducted prior to the City Council approving the proposed TSMs. The IS/MND prepared for the project analyzed any potential impacts resulting from the proposed project would be less-than-significant. The proposed project is consistent with the land use designations for the project sites; therefore, any increase in the demand for utilities and traffic associated with buildout of the project was already anticipated and analyzed in the General Plan EIR. As a result, implementation of the proposed project would not result in any impacts that have not been already anticipated. Although, there has been new construction since the General Plan EIR was prepared, everything that has been constructed was also anticipated in the General Plan. Thus, further analysis is not necessary. City staff, including the City Engineer, believes the City Council has sufficient information to approve both proposed TSMs and additional studies should not be required of the applicant. Conclusion Based on the information contained in the staff report, staff recommends that the City Council approve the Orchard View I and II Subdivision Project IS/MND, the Orchard View I and II Subdivision Project MMP, the Orchard View I Subdivision TSM, and the Orchard View II Subdivision TSM. Motion for Approval Move that the City Council: 1. Adopt the Resolution approving the Orchard View I and II Subdivision Project Initial Study/Mitigated Negative Declaration (IS/MND) and the Orchard View I and II Subdivision Project Mitigation Monitoring Program (MMP); 14

2. Adopt the Resolution approving the Orchard View I Tentative Subdivision Map; and 3. Adopt the Resolution approving the Orchard View II Tentative Subdivision Map. Fiscal Impacts: The City would collect development impact fees at time of building permit approvals. Recommendation: 1) Adopt resolution approving of the Orchard View I and II Subdivision Project Initial Study/Mitigated Negative Declaration (IS/MND) and the Orchard View I and II Subdivision Project Mitigation Monitoring Program (MMP); 2) Adopt resolution approving the Orchard View I Tentative Subdivision Map; and 3) Adopt resolution approving the Orchard View II Tentative Subdivision Map. Attachments: ATT 1 - Orchard View I Vicinity Map ATT 2 - Orchard View II Vicinity Map ATT 3 - IS MND CC Resolution ATT 3 - Exhibit A_Orchard View I and II ISMND ATT 3 - Exhibit B_Orchard View I and II MMP ATT 4 - Orchard View I TSM CC Resolution ATT 4 - Exhibit A_Orchard View I TSM ATT 5 - Orchard View II TSM CC Resolution ATT 5 - Orchard View II TSM PC Resolution ATT 6 - October 20, 2020 PC Staff Report 15

Attachment 1 Orchard View I Project Vicinity Map Luther Road Project Site Single Family Residences Epperson Road 16

Attachment 2 Orchard View II Project Vicinity Map Project Site De Ree Road Date Street Fir Street Pennington Road 17

Orchard View I and II IS/MND and MMP Resolution 1 RESOLUTION NO. 2020-** A RESOLUTION OF THE CITY OF LIVE OAK CITY COUNCIL APPROVING THE MITIGATED NEGATIVE DECLARATION FOR THE ORCHARD VIEW I AND II SUBDIVISION PROJECT AS ADEQUATE FOR ADDRESSING THE ENVIRONMENTAL IMPACTS OF THE PROPOSED PROJECT WHEREAS, the City received an application from Chris Sordi, for approval of an Initial Study/Mitigated Negative Declaration (IS/MND) and a Tentative Subdivision Map (TSM) for the subdivision and future development of 172 residential lots on two separate sites consisting of 38 acres (proposed project). The Orchard View I site (28.7 acres) is located north of Epperson Way, between Luther Road and the Union Pacific Railroad (UPRR) tracks, and is identified as Sutter County Assessor Parcel Numbers (APNs) 06-010-001; 06-600-006; and 06-600-007. The Orchard View II site (9.8 acres) is located along the east side of De Ree Road, just south of Pennington Road, and identified as Sutter County APNs 06-400-002, -003, and -004; and, WHEREAS, the City prepared an IS/MND, to evaluate the potential environmental impacts of the project in conformance with Section 15063 of Title 14 of the California Code of Regulations (the “CEQA Guidelines”); and WHEREAS, a draft IS/MND was circulated for a 30-day review period, with the public review period commencing on August 11, 2020 and ending on September 9, 2020; and WHEREAS, on October 20, 2020, the Planning Commission duly held a public hearing on the matter, and received and considered evidence, both oral and documentary recommending City Council approval of the Final IS/MND and Mitigation Monitoring Program (MMP). The Final IS/MND and MMP are attached as Exhibit A and Exhibit B to this Resolution respectively; and WHEREAS, the City Council has reviewed the IS/MND for this project; and, WHEREAS, the City Council gave notice of public hearing as required by law; and WHEREAS, on November 18, 2020, the City Council duly held a public hearing on the matter, and received and considered evidence, both oral and documentary approving the Final IS/MND and Mitigation Monitoring Program (MMP). The Final IS/MND and MMP are attached as Exhibit A and Exhibit B to this Resolution respectively. Attachment 3 18

Orchard View I and II IS/M