LIVE OAK CITY COUNCIL AGENDA – DECEMBER 7, 2022
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/89375381900
▪ Join by Phone:
1-669-900-6833 or 1-833-548-0282 (Toll Free)
Webinar ID: 893 7538 1900
• 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
DECEMBER 7, 2022
6:00 PM
MEETING LOCATION
LIVE OAK COUNCIL CHAMBERS
9955 LIVE OAK BOULEVARD
LIVE OAK, CALIFORNIA 95953
MEMBERS OF THE COUNCIL
NANCY SANTANA, MAYOR
BOB WOTEN, VICE MAYOR
JERAMY CHAPDELAINE, COUNCILMEMBER
LAKHVIR GHAG, COUNCILMEMBER
J.R. THIARA, COUNCILMEMBER
AARON PALMER,
CITY MANAGER
NICOLE ROSSER,
CITY ATTORNEY
1 LIVE OAK CITY COUNCIL AGENDA – DECEMBER 7, 2022
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/89375381900
▪ 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: 893 7538 1900
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 [email protected]. 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 – DECEMBER 7, 2022
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.
ELECTION RESULTS
1. Resolution Declaring the Results of the November 8, 2022, General Election Recommendation: Adopt resolution.
(Clarissa Menchaca, City Clerk)
2. Swearing-In of Elected Council Members
CITY COUNCIL ORGANIZATION FOR 2023
3. Election of Council Mayor
4. Election of Council Vice Mayor
CONSENT ITEMS
Consent Calendar is passed by one motion with exceptions and separate votes as noted.
5. City Council Meeting Minutes
Recommendation: Approve the November 16, 2022, City Council Regular Meeting minutes. (Clarissa Menchaca, City Clerk)
6. Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies Meetings Under AB 361
Recommendation: Adopt resolution.
(Nicole Rosser, City Attorney)
7. Adoption of an Ordinance Amending Sections 17.15.050, 17.25.030, and 17.50.020 of the Live Oak Municipal Code Relating to Accessory Dwelling Units
Recommendation: 1) Waive the second reading of the ordinance; and 2) Adopt ordinance. (Kevin Valente, Planning Director)
3 LIVE OAK CITY COUNCIL AGENDA – DECEMBER 7, 2022
BUSINESS ITEMS
8. 2023 Council Member Committee Assignments
Recommendation: Approve the 2023 committee assignments as presented. (Aaron Palmer, 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 (WRITTEN ONLY)
ADJOURNMENT
4 City of Live Oak
Report to City Council
Meeting Date: December 7, 2022
Title: Resolution Declaring the Results of the November 8, 2022, General Election Contact Information: Clarissa Menchaca, City Clerk
Recommendation: Adopt resolution.
Attachments:
Resolution
Exhibit A
Signed BOS Certification Documents
5 1
Resolution No.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVE OAK DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON NOVEMBER 8, 2022
WHEREAS, Donna Johnston, Sutter County Clerk-Recorder/Registrar of Voters, having completed the canvass of returns of the Consolidated General Election held on November 8, 2022; and WHEREAS, the results thereof having been certified by the Sutter County Board of Supervisors and filed with the Sutter County Elections Office; and
WHEREAS, it appears that notice of said election was duly and legally given, that voting precincts were properly established, that election officers were appointed and election supplies furnished and that in all respects said election was held and conducted and the votes cast thereat, received, and canvassed, and the returns thereof made and declared in the time, form, and manner as required by the general laws of the State governing elections in cities. A copy of said statement of result of election being attached hereto marked “Exhibit A”.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Live Oak as follows:
The results of the City of Live Oak Municipal election for Council Members are listed below.
Vote Count Percent
NON – ASHLEY HERNANDEZ 819 16.91%
NON – BOB WOTEN 767 15.83%
NON – JERAMY CHAPDELAINE 757 15.63%
NON – CRUZ MORA 696 14.37%
NON – J.R. THIARA 690 14.24%
NON – ALEKS TICA 572 11.81%
NON – NOEL GROVE 543 11.21%
Total 4,844 100.00%
6 PASSED AND ADOPTED by the City Council of the City of Live Oak this 7th day of December, 2022, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
APPROVED:
Mayor
ATTEST:
Clarissa Menchaca, City Clerk
7 Governor
( 24 of 24 precincts reported )
BRIAN DAHLE 19,024 67.69%
GAVIN NEWSOM 9,082 32.31%
Total 28,106
Lieutenant Governor
( 24 of 24 precincts reported )
ANGELA E. UNDERWOOD JACOBS 18,314 66.12%
ELENI KOUNALAKIS 9,386 33.88%
Total 27,700
Secretary of State
( 24 of 24 precincts reported )
ROB BERNOSKY 18,032 65.28%
SHIRLEY N. WEBER 9,591 34.72%
Total 27,623
Controller
( 24 of 24 precincts reported )
LANHEE J. CHEN 18,637 67.50%
MALIA M. COHEN 8,974 32.50%
Total 27,611
Treasurer
( 24 of 24 precincts reported )
JACK M. GUERRERO 18,152 65.85%
FIONA MA 9,414 34.15%
Total 27,566
Attorney General
( 24 of 24 precincts reported )
NATHAN HOCHMAN 18,155 65.71%
ROB BONTA 9,474 34.29%
Total 27,629
Insurance Commissioner
( 24 of 24 precincts reported )
ROBERT HOWELL 17,806 64.87%
RICARDO LARA 9,644 35.13%
Total 27,450
Registered
Voters
Turnout
Total Registration and Turnout 52,894 28,521
Election Day 1,533
VBM 26,988
Board of Equalization Member District 1
( 24 of 24 precincts reported )
TED GAINES 18,792 68.55%
JOSE S. ALTAMIRANO 8,621 31.45%
Total 27,413
United States Senator (Full Term)
( 24 of 24 precincts reported )
MARK P. MEUSER 17,827 64.53%
ALEX PADILLA 9,797 35.47%
Total 27,624
United States Senator (Partial/Unexpired Term)
( 24 of 24 precincts reported )
MARK P. MEUSER 17,798 64.61%
ALEX PADILLA 9,748 35.39%
Total 27,546
United States Representative District 1
( 24 of 24 precincts reported )
DOUG LAMALFA 18,421 66.38%
MAX STEINER 9,328 33.62%
Total 27,749
State Assembly Member District 3
( 24 of 24 precincts reported )
JAMES GALLAGHER 19,720 70.97%
DAVID LEON ZINK 8,067 29.03%
Total 27,787
Chief Justice Of California (Patricia Guerrero)
( 24 of 24 precincts reported )
YES 12,834 54.58%
NO 10,678 45.42%
Total 23,512
Associate Justice Of The Supreme Court (Goodwin Liu)
( 24 of 24 precincts reported )
YES 12,323 52.94%
NO 10,953 47.06%
Total 23,276
Associate Justice Of The Supreme Court (Martin J.
Jenkins)
( 24 of 24 precincts reported )
YES 12,224 53.22%
NO 10,745 46.78%
Total 22,969
Printed: Tuesday, November 29, 2022 9:27 AM Page 1 of 4 Data Refreshed: Tuesday, November 29, 2022 9:27 AM
Sutter 2022 General
Sutter
November 8, 2022
Official Results
Exhibit A
8 Associate Justice Of The Supreme Court (Joshua P.
Groban)
( 24 of 24 precincts reported )
YES 11,822 52.04%
NO 10,897 47.96%
Total 22,719
Associate Justice, Court of Appeal, Third District (Stacy Boulware Eurie)
( 24 of 24 precincts reported )
Yes 12,627 55.85%
No 9,982 44.15%
Total 22,609
Associate Justice, Court of Appeal, Third District (Laurie M. Earl)
( 24 of 24 precincts reported )
YES 11,774 52.14%
NO 10,807 47.86%
Total 22,581
Associate Justice, Court of Appeal, Third District (Harry Hull)
( 24 of 24 precincts reported )
YES 13,934 61.83%
NO 8,601 38.17%
Total 22,535
Associate Justice, Court of Appeal, Third District (Peter Krause)
( 24 of 24 precincts reported )
YES 11,961 53.26%
NO 10,498 46.74%
Total 22,459
Superintendent of Public Instruction
( 24 of 24 precincts reported )
LANCE RAY CHRISTENSEN 12,468 52.49%
TONY K. THURMOND 11,285 47.51%
Total 23,753
Mbr Bd Of Education Trustee Area No 3
( 7 of 7 precincts reported )
KASH GILL 4,631 67.16%
BRANDON MOON 2,264 32.84%
Total 6,895
Mbr Bd Of Education Trustee Area No 4
( 4 of 4 precincts reported )
HARJIT SINGH 2,898 54.12%
JIM RICHMOND 2,457 45.88%
Total 5,355
Yuba College Gov Bd Member Trustee Area No 3
( 15 of 15 precincts reported )
ERIC POMEROY 6,687 58.78%
RITA ANDREWS 4,690 41.22%
Total 11,377
Yuba College Gov Bd Member Trustee Area No 7 Short
Term
( 1 of 1 precincts reported )
DOUGLAS M HARRIS 9 56.25%
JEFFREY DRYDEN 7 43.75%
Total 16
LOUSD Govn Bd Member
Vote For 2
( 2 of 2 precincts reported )
CLAY GOODMAN 1,520 41.38%
ROGER D CHRISTIANSON 1,368 37.24%
MITCHELL PERIGO 785 21.37%
Total 3,673
YCUSD Govn Bd Member Trustee Area No 1
( 6 of 6 precincts reported )
LONDA LAMB 2,537 62.43%
SARB TAKHAR 1,527 37.57%
Total 4,064
YCUSD Govn Bd Member Trustee Area No 2
( 4 of 4 precincts reported )
KJERSTIN CIOCIOLA 1,599 58.68%
LINDA MERKLIN 1,126 41.32%
Total 2,725
YCUSD Gov BD Member Trustee Area No 4
( 3 of 3 precincts reported )
HARJOT KAUR 1,615 55.16%
ZAC REPKA 1,313 44.84%
Total 2,928
Printed: Tuesday, November 29, 2022 9:27 AM Page 2 of 4 Data Refreshed: Tuesday, November 29, 2022 9:27 AM
Sutter 2022 General
Sutter
November 8, 2022
Official Results
9 YCUSD Gov Bd Member Trustee Area No 5
( 3 of 3 precincts reported )
GREG QUILTY 744 50.47%
SHARI K TUCKER 730 49.53%
Total 1,474
Gov Bd Mbr E Nicolaus Joint Union
Vote For 2
( 2 of 2 precincts reported )
TOMMY HINTZ 445 29.99%
ERIN VAN DYKE 408 27.49%
TYSON EARHART 386 26.01%
ORRIN TUROLD 245 16.51%
Total 1,484
Gov Bd Mbr Sutter Union High School
Vote For 3
( 8 of 8 precincts reported )
LARRY MUNGER 2,019 33.55%
ALLEN JAYNES 1,467 24.38%
CARL PRATT 1,267 21.05%
JILL WILHELM 1,265 21.02%
Total 6,018
Gov Brd Member Brittan School Dist
Vote For 3
( 4 of 4 precincts reported )
BRANDON MCREYNOLDS 821 30.42%
HEATHER BARNES 721 26.71%
ERICH RUNGE 611 22.64%
CHRISTOPHER HARP 546 20.23%
Total 2,699
Gov Bd Mbr Franklin School District
Vote For 3
( 3 of 3 precincts reported )
KYLE O'NEAL 584 28.88%
GLENN HOUSTON 565 27.94%
AARON MURPHY 538 26.61%
CIARA WAKEFIELD 335 16.57%
Total 2,022
Gov Bd Mbr Marcum Illinois School
Vote For 2
( 2 of 2 precincts reported )
EMILY DADDOW 198 47.83%
KEITH TURNER 122 29.47%
TIFFANY STEELE 94 22.71%
Total 414
Gov Bd Mbr Nuestro School District
Vote For 2
( 2 of 2 precincts reported )
BETHANY SCHMIDL 128 44.91%
EMILY MORTON 103 36.14%
DEBBIE EVERETT 54 18.95%
Total 285
Mbr City Council Live Oak
Vote For 3
( 1 of 1 precincts reported )
ASHLEY HERNANDEZ 819 16.91%
BOB WOTEN 767 15.83%
JERAMY CHAPDELAINE 757 15.63%
CRUZ MORA 696 14.37%
J.R. THIARA 690 14.24%
ALEKS TICA 572 11.81%
NOEL GROVE 543 11.21%
Total 4,844
Mbr City Council Yuba City D1
( 3 of 3 precincts reported )
DAVE SHAW 1,781 64.86%
BRENDON MESSINA 965 35.14%
Total 2,746
Mbr City Council Yuba City D2
( 4 of 4 precincts reported )
MARC BOOMGAARDEN 2,490 47.95%
SUKH SIDHU 1,385 26.67%
CHUCK SMITH 1,318 25.38%
Total 5,193
Mbr City Council Yuba City D3
( 4 of 4 precincts reported )
MIKE PASQUALE 996 52.61%
GRACE ESPINDOLA 897 47.39%
Total 1,893
Proposition 1
( 24 of 24 precincts reported )
No 13,685 50.65%
Yes 13,334 49.35%
Total 27,019
Printed: Tuesday, November 29, 2022 9:27 AM Page 3 of 4 Data Refreshed: Tuesday, November 29, 2022 9:27 AM
Sutter 2022 General
Sutter
November 8, 2022
Official Results
10 Proposition 26
( 24 of 24 precincts reported )
No 19,577 71.91%
Yes 7,646 28.09%
Total 27,223
Proposition 27
( 24 of 24 precincts reported )
No 22,593 82.45%
Yes 4,809 17.55%
Total 27,402
Proposition 28
( 24 of 24 precincts reported )
Yes 14,184 52.14%
No 13,021 47.86%
Total 27,205
Proposition 29
( 24 of 24 precincts reported )
No 21,137 77.63%
Yes 6,090 22.37%
Total 27,227
Proposition 30
( 24 of 24 precincts reported )
No 19,400 71.05%
Yes 7,904 28.95%
Total 27,304
Proposition 31
( 24 of 24 precincts reported )
No 13,856 50.76%
Yes 13,441 49.24%
Total 27,297
Sutter County Essential Services Measure Measure A
( 24 of 24 precincts reported )
No 14,027 51.61%
Yes 13,152 48.39%
Total 27,179
MEASURE Z CITY TREASURER
( 14 of 14 precincts reported )
No 11,020 65.96%
Yes 5,688 34.04%
Total 16,708
MEASURE Z CITY CLERK
( 14 of 14 precincts reported )
No 10,987 65.84%
Yes 5,700 34.16%
Total 16,687
Printed: Tuesday, November 29, 2022 9:27 AM Page 4 of 4 Data Refreshed: Tuesday, November 29, 2022 9:27 AM
Sutter 2022 General
Sutter
November 8, 2022
Official Results
11 12
13 14
City of Live Oak
Report to City Council
Meeting Date: December 7, 2022
Title: Swearing-In of Elected Council Members
Contact Information: Clarissa Menchaca, City Clerk
15 City of Live Oak
Report to City Council
Meeting Date: December 7, 2022
Title: Election of Council Mayor
16 City of Live Oak
Report to City Council
Meeting Date: December 7, 2022
Title: Election of Council Vice Mayor
17 City of Live Oak
Report to City Council
Meeting Date: December 7, 2022
Title: City Council Meeting Minutes
Contact Information: Clarissa Menchaca, City Clerk
Recommendation: Approve the November 16, 2022, City Council Regular Meeting minutes.
Attachments:
Minutes
18 LIVE OAK CITY COUNCIL MINUTES – NOVEMBER 16, 2022
CALL TO ORDER
Meeting called to order by Mayor Santana at Live Oak City Council Chambers, 9955 Live Oak Boulevard, Live Oak, CA at 6:07 pm.
ROLL CALL
Present: Councilmembers Thiara, Ghag, Chapdelaine, Vice Mayor Woten, and Mayor Santana
PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Ghag led the Pledge of Allegiance. Councilmember Chapdelaine 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.
CONSENT ITEMS
Consent Calendar is passed by one motion with exceptions and separate votes as noted.
MOTION: APPROVE THE CONSENT AGENDA, WITH THE EXCEPTION OF ITEM 3 WHICH WAS PULLED FOR FURTHER DISCUSSION.
(MOTION: GHAG; SECOND: SANTANA)
VOTE: MOTION PASSED UNANIMOUSLY
1. City Council Meeting Minutes
Clarissa Menchaca, City Clerk
Council action: November 2, 2022, City Council Regular Meeting minutes approved.
2. Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies Meetings Under AB 361
Nicole Rosser, City Attorney
Council action: Resolution No. 36-2022 adopted.
LIVE OAK
CITY COUNCIL
MINUTES
NOVEMBER 16, 2022
6:00 PM
MEETING LOCATION
LIVE OAK COUNCIL CHAMBERS
9955 LIVE OAK BOULEVARD
LIVE OAK, CALIFORNIA 95953
MEMBERS OF THE COUNCIL
NANCY SANTANA, MAYOR
BOB WOTEN, VICE MAYOR
JERAMY CHAPDELAINE, COUNCILMEMBER
LAKHVIR GHAG, COUNCILMEMBER
J.R. THIARA, COUNCILMEMBER
AARON PALMER,
CITY MANAGER
NICOLE ROSSER,
CITY ATTORNEY
19 LIVE OAK CITY COUNCIL MINUTES – NOVEMBER 16, 2022
3. Approval of Purchase of a Backhoe Loader
Ron Walker, Public Works Director
This item was removed from the Consent Agenda for further discussion at the request of Councilmember Thiara.
PUBLIC HEARING ITEMS
4. Introduction of an Ordinance Amending Sections 17.15.050, 17.25.030, and 17.50.020 of the Live Oak Municipal Code Relating to Accessory Dwelling Units
Kevin Valente, Planning Director
Kevin Valente, Planning Director, provided a report for the Council.
Public Hearing was opened at 6:19 pm.
Public Comment was opened and closed without any speakers.
Public Hearing was closed at 6:19 pm.
MOTION: WAIVE THE FIRST READING OF THE ORDINANCE AMENDING SECTIONS 17.15.050, 17.25.030, ABD 17.50.020 OF THE LIVE OAK MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS. (MOTION: GHAG; SECOND: THIARA)
VOTE: MOTION PASSED UNANIMOUSLY
BUSINESS ITEMS
5. Contract with Yuba-Sutter Arts Council for Three Years to Implement Mural Projects Aaron Palmer, City Manager
Aaron Palmer, City Manager, provided a report for the Council.
David Read, Executive Director, Yuba-Sutter Arts Council, addressed questions from the Council.
Public Comment was opened and closed without any speakers.
MOTION: APPROVE THE CONTRACT WITH YUBA-SUTTER ARTS COUNCIL FOR THREE YEARS TO IMPLEMENT MURAL PROJECTS.
(MOTION: SANTANA; SECOND: CHAPDELAINE)
VOTE: MOTION PASSED 3-2
AYES: COUNCILMEMBER CHAPDELAINE, VICE MAYOR WOTEN, AND MAYOR SANTANA NOES: COUNCILMEMBERS THIARA AND GHAG
20 LIVE OAK CITY COUNCIL MINUTES – NOVEMBER 16, 2022
ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION
3. Approval of Purchase of a Backhoe Loader
Ron Walker, Public Works Director
Ron Walker, Public Works Director, addressed questions from the Council.
MOTION: APPROVE THE PURCHASE OF A NEW BACKHOE FROM HOLT OF CALIFORNIA UTILIZING SOURCEWELL COMPETITIVE BIDDING.
(MOTION: WOTEN; SECOND: SANTANA)
VOTE: MOTION PASSED UNANIMOUSLY
UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER Aaron Palmer, City Manager, announced the upcoming Parks and Recreation events: the Turkey Shoot is scheduled for November 29, 2022; the Small Town Holiday Stroll is scheduled for December 16, 2022; and Santa on a Fire Engine is scheduled for December 22, 2022.
COUNCILMEMBER COMMENTS (WRITTEN ONLY)
There were no written councilmember comments.
CLOSED SESSION
6. Conference with Legal Counsel Pursuant to Government Code Section 54956.9:
Existing Litigation (Paragraph (1) of subdivision (d) of Government Code Section 54956.9)- One (1) Case, Name of Case: Waller v. County of Sutter, et al., Case No.: USDC EDCA 2:22-CV-00246. *Clerk’s Note: The Council adjourned to Closed Session at 6:58 pm and reopened the meeting at 7:22 pm.
CLOSED SESSION REPORT
The Council met in Closed Session to consider a settlement based in the Waller v. Sutter County, et al. case, and the Council had a 5-0 unanimous vote in order to approve the settlement agreement that was presented.
ADJOURNMENT
Mayor Santana adjourned the meeting at 7:22 pm.
Nancy Santana, Mayor
ATTEST:
Clarissa Menchaca, City Clerk
21 City of Live Oak
Report to City Council
Meeting Date: December 7, 2022
Title: Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies Meetings Under AB 361
Contact Information: Nicole Rosser, City Attorney
Background: On March 17, 2020, Governor Gavin Newson issued Executive Order N-29- 20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means. As the City Council is well aware, this allowed City Council meetings to be conducted by Zoom with councilmembers and staff all joining from remote locations.
The suspension of certain provisions of the Brown Act was further extended by the Governor on June 11, 2021 by the issuance of Executive Order N-08- 21 which continued to allow for complete virtual City Council (and other legislative body) meetings until September 30, 2021.
On September 16, 2021, Governor Newsom signed AB 361 to amend the Brown Act to allow legislative bodies to meet via teleconference during a proclaimed state of emergency in accordance with procedures established by AB 361 rather than under the Brown Act's more narrow standard rules. AB 361 allows legislative bodies to meet virtually, provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.
AB 361 preserves many of the provisions of the earlier executive orders, while also adding new requirements to the management of remote and teleconference public meetings in order to better achieve the levels of transparency that the Brown Act demands. Specifically, AB 361 imposes two new rules on remote public meetings:
1. Local governments and agencies hosting teleconference meetings in lieu of traditional in-person public meetings must permit direct public comment during the teleconference, and must leave open the opportunity for public comment until the comment period for a given item is closed during the 22 ordinary course of the meeting. The opportunity to make public comment must be of a sufficient duration so as to allow actual public participation.
2. Any action by the governing body during a public teleconference meeting must occur while the agency is actively and successfully broadcasting to members of the public through a call-in option or an internet-based service option. If a technical disruption within the agency's control prevents members of the public from either viewing the meeting of the public agency, or prevents members of the public from offering public comment, the agency must cease all action on the meeting agency until the disruption ends and the broadcast is restored. Action taken during an agency-caused disruption may be challenged as a violation of the Brown Act.
The City has been implementing the above stated requirements for conducting public meetings and is in full compliance with AB 361, thus there will be no change of the currently established procedures. Teleconference accessibility via call-in option or an internet-based service option (via the Zoom Webinars platform) is listed on the published agenda for each meeting as well as on the City's website and the City provides access for public comment opportunities in real time.
In order to continue to qualify for AB 361's waiver of in-person meeting requirements, the Council must adopt a resolution making the findings required by AB 361. This resolution will become a standing item on the City Council's agenda, it must be approved at every meeting until the proclaimed state of emergency is ended. The findings must include (a) state or local officials continue to recommend measures to promote social distancing, or that (b) an in-person meeting would constitute an imminent risk to the safety of attendees. The findings need not be in the form of a resolution, but a resolution is helpful in formalizing these findings.
The enclosed resolution makes the required findings under AB 361, and if adopted, it will allow the City to continue to offer teleconference accessibility for public meetings, to help mitigate the spread of COVID-19, as well as during other state-proclaimed emergencies where physical attendance may present a risk.
Lastly, it is important to note that having virtual meetings under the provisions of AB 361 is optional. If the Council wishes, it may meet in person or in a hybrid format.
Fiscal Impacts: None.
Recommendation: Adopt resolution.
Attachments:
Resolution
23 Resolution No.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVE OAK MAKING FINDINGS AND DETERMINATIONS UNDER AB 361 FOR THE CONTINUATION OF VIRTUAL MEETINGS AND
AUTHORIZING VIRTUAL CITY COUNCIL, COMMISSION, BOARD, AND OTHER CITY MEETINGS PURSUANT TO AB 361
The City Council of the City of Live Oak does hereby find, order and resolve as follows:
WHEREAS, all meetings of the Live Oak City Council are open and public, as required by the Ralph M. Brown Act (Cal. Gov’t Code section 54950 et seq.), so that any member of the public may attend, participate and view the legislative bodies conduct their business; and WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions and requirements; and
WHEREAS, Government Code section 54953(e) requirements include but are not limited to (1) the existence of a state of emergency declared by the Governor pursuant to Government Code section 8625 and (2) State or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, on March 4, 2020, Governor Gavin Newson issued a Proclamation of State of Emergency in response to the COVID-19 pandemic and as of the date of this Resolution, the proclaimed state of emergency remains in effect; and
WHEREAS, on March 17, 2020, Governor Gavin Newson issued Executive Order N-29-20, which suspended and modified the teleconferencing requirements under the Brown Act (California Government Code Section 54950 et seq.) to allow local legislative bodies to hold public meetings via teleconference; and
WHEREAS, on June 11, 2021, Governor Gavin Newson issued Executive Order N-08021, which extended the provisions of N-29-20 concerning the conduct of public meetings through September 30, 2021, and the Governor subsequently signed legislation revising Brown Act requirements for teleconferenced public meetings (Assembly Bill 361, referred to hereinafter as “AB 361”); and WHEREAS, to preserve public health and safety, the State Public Health Officer has issued various orders and guidance regarding COVID-19 prevention measures, which includes references and a statement of support for social distancing recommendations; and WHEREAS, the California Department of Industrial Relations has issued COVID-19 Prevention regulations in Title 8 of the California Code of Regulations (Section 3205 et seq.); and WHEREAS, based on the foregoing, the City Council finds that (1) the Governor’s Proclaimed State of Emergency as a result of the COVID-19 pandemic is currently in effect and has not been terminated, and (2) State officials have imposed or recommended measures to promote social distancing; and WHEREAS, the City Council has considered the circumstances of the state of emergency, including all information relate to this matter, the associated staff report; and 24 WHEREAS, in light of the foregoing, the City Council desires to continue to have the flexibility to meet via tele/video conference and the City Council finds that it and its legislative bodies shall be permitted to conduct their meetings by teleconferencing without compliance with Government Code section 54953(b)(3) pursuant to section 54953(e), and such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed by section 54953(e)(2).
NOW, THEREFORE BE IS RESOLVED, FOUND AND ORDERED by the Live Oak City Council as follows:
1. The facts set forth in the above recitals are true and correct and incorporated into this resolution by reference.
2. As a result of the continuing COVID-19 state of emergency declared by Governor Newsom, State officials continue to impose or recommend measures to promote social distancing based on the State Public Health Officer’s guidance and recommendations supporting social distancing and the Department of Industrial Relations’ issuance of COVID-19 Prevention regulations through Title 8 of the California Code of Regulations, section 3205 et seq. promoting social distancing in the workplace.
3. Under the present circumstances, the City Council by and through its City Manager, is hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this resolution including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
4. This Resolution shall take effect immediately upon adoption and shall be effective until the earlier of (i) Thirty (30) days from adoption of this Resolution or (ii) such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which its legislative bodies may continue to teleconference without compliance with Section 54953(b)(3).
5. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
PASSED AND ADOPTED by the City Council of the City of Live Oak this 7th day of December, 2022, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
_______________________________
, Mayor
ATTEST:
_______________________________
Clarissa Menchaca, City Clerk
25 City of Live Oak
Report to City Council
Meeting Date: December 7, 2022
Title: Adoption of an Ordinance Amending Section 17.15.050, 17.25.030, and
17.50.020 of the Live Oak Municipal Code Relating to Accessory Dwelling Units
Contact Information: Kevin Valente, AICP, Contract Planner Location: Citywide
Background: Section 6582.2 of the California Government Code permits accessory dwelling units (ADUs) to be constructed on any residential property. The State of California identified that allowing ADUs in zones that allow residential uses can provide additional rental housing, and is an essential component in addressing California's housing needs. Recently, the State has revised Section 65852.2 of the California Government Code (GC) related to ADUs, which became effective on January 1, 2021, to further accommodate the development of ADUs and junior accessory dwelling units (JADUs).
ADUs are defined as a complete independent living facility and may be attached or detached. ADUs can be significantly less expensive to build while having the potential to provide as much living space as apartments and condominiums. ADUs can provide a variety of housing needs and affordable housing options for family members, friends, students, the elderly, in-home health care providers, people with disabilities, and others. In addition, ADUs can offer an opportunity to maximize and integrate housing choices within existing neighborhoods.
On October 18, 2022, the Live Oak Planning Commission voted to recommend City Council adoption of the proposed ADU Ordinance, and on November 16, 2022, the City of Live City Council voted to introduce and waive the first reading of the attached ordinance amending Sections
17.15.050, 17.25.030, and 17.50.020 of the Live Oak Municipal Code relating to ADUs.
26 Analysis: The proposed ordinance would create consistency with Section 6582.2 of the California Government Code, allowing ADUs to be constructed on any residential property. Additionally, the City of Live Oak adopting its own local ADU ordinance is a requirement of the City's adopted Housing Element.
The attached ordinance was prepared to amend Sections 17.15.050,
17.25.030, and 17.50.020 of the Live Oak Municipal Code pertaining to the City's administration of its ADUs. The proposed ordinance would include zoning standards, development standards, JADU criteria, and permitting requirements.
The proposed Ordinance amendment is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15305, Minor Alterations in Land Use Limitations.
Fiscal Impacts: None
Recommendation: 1) Waive the second reading of the ordinance; and 2) Adopt ordinance.
Attachments:
Ordinance
27 Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVE OAK, CALIFORNIA, AMENDING SECTIONS 17.15.050, 17.25.030, AND 17.50.020 OF THE LIVE OAK
MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS
The City Council of the City of Live Oak does ordain as follows:
SECTION 1: Purpose and Authority. The purpose of this ordinance is to amend Section 17.15.050 to the Live Oak Municipal Code pertaining to the City’s administration of its accessory dwelling units to improve access to affordable housing for very low-, low- and moderate-income, as well as senior citizen, housing, and to make other related changes to the Live Oak Municipal Code. This ordinance is adopted pursuant to Government Code sections 65850, 65852.2, 65852.22, and other applicable law.
SECTION 2: Findings.
The City Council finds and determines as follows:
A. The City of Live Oak administers zoning provisions within the City’s boundaries consistent with the City’s General Plan as provided for in Title 17 of the Live Oak Municipal Code.
B. Government Code sections 65852.2 and 65852.22- the State accessory dwelling unit law, authorize the City to adopt an ordinance articulating the City’s procedures for and administration of the State accessory dwelling unit law within the City’s boundaries.
C. On November 16, 2022, the City Council held a duly noticed public meeting concerning the adoption of a proposed ordinance to carry out the State accessory dwelling unit law (“proposed Accessory Dwelling Unit Ordinance”).
D. The proposed Accessory Dwelling Unit Ordinance is consistent with the policies of the City of Live Oak General Plan and with the Live Oak Municipal Code.
E. The City Council finds it necessary to pass and implement the proposed Accessory Dwelling Unit Ordinance, and that it will promote and protect the public health, and safety, comfort, morals, convenience and general welfare of the residents within the City.
SECTION 3: Amendments.
A. Section 17.15.050 of the Live Oak Municipal Code is amended to read as follows:
17.15.50 Accessory dwelling unit regulations.
A. Purpose. The purpose and objective of this chapter is to contribute needed housing to the community housing stock and establish reasonable standards for the development of accessory dwelling units 28 and junior accessory dwelling units on all lots that already contain one legally created residential unit, consistent with Government Code Section 6582.2. For purposes of this chapter, an accessory dwelling unit is referred to as an “ADU” and a junior accessory dwelling unit is referred to as a “JADU.”
B. Applicable zoning districts. The provisions of this chapter shall be known as the “accessory dwelling unit regulations” and shall apply to all lots zoned to allow residential uses that include an existing or proposed single-family dwelling. ADUs and JADUs may exceed the allowable density for the lot upon which the ADU or JADU is located, and are considered a residential use that is consistent with the existing General Plan and Zoning designation for the lot. Except as authorized within the portions of existing multi-family dwelling structures, no more than one ADU and one JADU shall be placed on the same lot or parcel.
C. Accessory dwelling unit development standards. The following standards shall apply to the establishment of ADUs:
1. ADUs within Existing Space. An ADU within an existing space including the primary buildings, attached or detached garage or other accessory buildings shall be permitted ministerially with a building permit regardless of all other standards within the section if complying with:
a. Building and safety codes;
b. Independent exterior access; and
c. Side and rear setbacks sufficient for fire and safety.
2. Accessory dwelling units are required to comply with the following:
a. The ADU may be rented separate from the primary residence for a minimum of 30 days but may not be sold or otherwise conveyed separate from the primary residence unless the lot is subdivided pursuant to all applicable laws and local ordinances.
b. The lot is required to be zoned to allow residential uses that include an existing or proposed dwelling.
c. The ADU shall be located on the same lot as the existing dwelling.
d. If there is an existing or proposed primary dwelling, the floor space of an attached ADU shall not exceed fifty
percent of the proposed or existing primary dwelling living area or 1,200 square feet, whichever is less.
e. The total area of floor space for a detached ADU shall not exceed 1,200 square feet.
29 f. A passageway shall not be required in conjunction with the construction of an ADU.
g. No setback shall be required for an existing garage that is converted to an accessory dwelling, and a setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is constructed above a garage. h. If an ADU is detached, a setback of no more than four feet from the side and rear lot lines shall be required.
i. If an ADU is detached, a five-foot separation between the primary residence and the secondary residence is required. j. ADUs shall not be considered when calculating the maximum lot coverage allowed.
k. The parking standard, as provided in Section 17.25.030, shall be met.
l. When a garage or carport structure is demolished in
conjunction with the construction of an accessory dwelling unit, no parking replacement spaces shall be required. Any other required on-site parking spaces shall be maintained for the principal unit, and may be located in any
configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces.
m. The City shall not require the applicant to install a new or separate utility connection or impose a related
connection fee or capacity charge for ADUs that are
contained within an existing residence or accessory
buildings.
n. The height of a one-story detached ADU shall not exceed 16 feet, and a detached two-story ADU shall not exceed 25 feet. o. Mobile homes do not meet the requirements of an ADU. A manufactured home is permitted as a detached ADU.
p. The ADU shall be constructed in accordance with provisions of the latest adopted editions of the building codes.
q. The design of the ADU shall incorporate the same or similar architectural features, building materials and colors as the primary residence.
D. Junior accessory dwelling unit criteria. The following criteria shall apply to the establishment of JADUs:
1. A JADU shall be contained entirely within an existing singlefamily structure. 30 2. A JADU shall be located within the walls of an existing or proposed single-family residence.
3. A JADU shall include its own discrete entrance, separate from the main entrance to the structure. A permitted JADU may include an interior entry to the main living area, and may include a second interior doorway for sound attenuation.
4. The JADU shall include an efficiency kitchen, which shall include all of the following: sink, food preparation counter, refrigerator, and storage cabinets that are of reasonable size in relation to the size of JADU.
5. JADUs have no parking requirement.
6. The JADU shall not be offered for sale apart from the principal unit. A deed restriction, which shall run with the land, shall be filed with the City and shall include both of the following:
a. A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and
b. A restriction on the size and attributes of the JADU that conforms with this section.
7. For the purposes of any fire or life protection ordinance or regulation, JADUs shall not be considered a separate or new dwelling unit.
8. For the purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be
considered a separate or new dwelling unit.
9. A JADU created under this chapter shall be maintained with the provisions of this chapter and shall not be destroyed or otherwise converted to any other use (including reverting to a portion of the primary residence) except with approval of the Planning Director. In considering such requests, the Planning Director shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the City’s affordable housing supply. As a condition of termination, the Planning Director shall require the owner to make
modifications to the property to: (1) comply with current building code requirements and (2) comply with current
31 development standards in effect at the time of the request to terminate the use of the JADU.
E. Permitting requirements. ADUs and JADUs shall be permitted ministerially, in compliance with this chapter, within 60 days of a completed application. The building official shall issue a building permit to establish an ADU or JADU in compliance with this chapter if all applicable requirements above are met. The Planning Director may approve an ADU or JADU that is not in compliance with the above requirements as set forth in the review process below.
F. Accessory dwelling units not complying with development standards. An ADU or JADU that does not comply with the applicable standards listed in this article may be permitted with a site plan review permit at the discretion of the Planning Director subject to the findings listed in the section below.
Findings.
1. The project would not be detrimental to the public health and safety.
2. That the project will have no adverse effect upon other properties including unreasonable privacy impacts.
3. That the project is consistent with the objectives and policies of the general plan and that granting the waiver will meet the purposes of this chapter.
To the discretion of the Planning Director, Planning Commission approval of the site plan review permit may be required for an ADU or JADU that does not comply with the applicable standards listed in this article.
B. Section 17.50.020 of the Live Oak Municipal Code is amended to read as follows:
“Accessory dwelling unit” means an attached or detached dwelling unit which provides complete independent living facilities for one or more persons, with permanent provisions for living, sleeping, eating, cooking, and sanitation sited on the same parcel as the primary dwelling unit.
“Junior accessory dwelling unit” means a unit that is contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. 32 “Family” means one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit.
C. The portion of Section 17.25.030 of the Live Oak Municipal Code relating to parking requirements for “Second residence” is amended to read as follows:
Second residence:
accessory dwelling unit (ADU) 1 space per unit in addition to the 2 spaces for the primary
residence.
junior accessory dwelling unit
(JADU)
No parking requirement.
SECTION 4. Exemption from CEQA. The proposed Accessory Dwelling Unit Ordinance is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15305, Minor Alterations in Land Use Limitations.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held by a court of competent jurisdiction to be invalid or unconstitutional, that portion shall be deemed a separate, distinct and independent provision, and the holding shall not affect the validity of the remaining portions of this ordinance.
SECTION 6. Effective Date. This ordinance shall take effect and be enforced thirty (30) days from and after the date of its adoption.
SECTION 7 Posting. 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.
Introduced and the first reading waived at a regular meeting of the City Council of the City of Live Oak on the 16th day of November, 2022, and passed and adopted after waiving the second reading at a regular meeting thereafter on the 7th day of December, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
APPROVED:
____________________________
Mayor
33 ATTEST:
_________________________
Clarissa Menchaca, City Clerk
APPROVED AS TO FORM:
Nicole Rosser, City Attorney
34 City of Live Oak
Report to City Council
Meeting Date: December 7, 2022
Title: 2023 Council Member Committee Assignments
Contact Information: Aaron Palmer, City Manager
Background: Each year, the Mayor reviews the list of committee assignments and makes recommendations for council members to various boards, committees, and commissions. In consideration of the Mayor's recommendations, the City Council's past practices have been to determine the various committee assignments through a process of discussion and consensus. Included in the staff report is a memorandum which outlines the committees, terms, and current council members serving on the committee.
Fiscal Impacts: None.
Recommendation: Approve the 2023 committee assignments as presented.
Attachments:
Committee Assignments
35 Live Oak City Council
2022 Committee Assignments
City Committee Assignments
Economic Development
Vice Mayor Woten
Vacant
Loan Committee
Vice Mayor Woten
Mayor Santana
Streets, Lights, and Traffic
Councilmember Ghag
Vacant
Water, Sewer, and Storm Drain
Vacant
Councilmember Ghag
Finance
Vice Mayor Woten
Vacant
Regional Committee Assignments
Bi-County Homeless Services Program (Term: 1 year)
Regular Member: Vice Mayor Woten; Term: January 2023
Alternate Member: Councilmember Chapdelaine; Term: January 2023 Feather River Air Quality Management District (Term: 1 year) Regular Member: Councilmember Ghag; Term: January 2023
Alternate Member: Vice Mayor Woten; Term: January 2023
Local Agency Formation Commission [Term: Regular Member: 4 years; Alternate Member (rotates between cities): 2 years]
Regular Member: Vice Mayor Woten; Term: July 2024
Alternate Member: Councilmember Chapdelaine; Term: January 2025 36 League of California Cities (Term: 1 year)
Regular Member: Councilmember Ghag; Term: January 2023
Alternate Member: Mayor Santana; Term: January 2023
Regional Housing Authority of Sutter and Nevada Counties (Term: 4 years) Vice Mayor Woten; Term: November 30, 2023
Regional Waste Management Authority (Term: No term specified) Regular Member: Vice Mayor Woten
Alternate Member: Councilmember Chapdelaine
Sacramento Area Council of Governments (Term: 1 year) Regular Member: Councilmember Ghag; Term: January 2023
Alternate Member: Councilmember Chapdelaine; Term: January 2023 Sutter Animal Services Authority (Term: 1 year)
Regular Member: Councilmember Ghag; Term: January 2023
Regular Member: Vice Mayor Woten; Term: January 2023
Alternate Member: Councilmember Chapdelaine; Term: January 2023 Sutter Butte Flood Control Agency (Term: No term specified) Regular Member: Councilmember Ghag
Alternate Member: Councilmember Chapdelaine
Sutter-Yuba Mosquito and Vector Control District (Term: 4 years) Councilmember Ghag; Term: December 31, 2023
Yuba Sutter Economic Development Corporation (Term: No term specified) Regular Member: Councilmember Ghag
Alternate Member: Vice Mayor Woten
Yuba Sutter Economic Development Corporation – Executive Committee (Term: No term specified) Vice Mayor Woten
Yuba Sutter Regional Arts Council (Term: No term specified) Mayor Santana
37