Live Oak City Council
February 1, 2023

LIVE OAK CITY COUNCIL AGENDA – FEBRUARY 1, 2023

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/81755808348
▪ Join by Phone:
1-669-900-6833 or 1-833-548-0282 (Toll Free)
Webinar ID: 817 5580 8348
• 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
FEBRUARY 1, 2023
6:00 PM

MEETING LOCATION

LIVE OAK COUNCIL CHAMBERS
9955 LIVE OAK BOULEVARD
LIVE OAK, CALIFORNIA 95953

MEMBERS OF THE COUNCIL

BOB WOTEN, MAYOR

JERAMY CHAPDELAINE, VICE MAYOR

LAKHVIR GHAG, COUNCILMEMBER

ASHLEY HERNANDEZ, COUNCILMEMBER

NANCY SANTANA, COUNCILMEMBER

AARON PALMER,

CITY MANAGER

NICOLE ROSSER,

CITY ATTORNEY
1 LIVE OAK CITY COUNCIL AGENDA – FEBRUARY 1, 2023

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/81755808348
▪ 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: 817 5580 8348
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 – FEBRUARY 1, 2023

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 January 18, 2023, City Council Regular Meeting minutes. (Clarissa Menchaca, City Clerk)

2. Findings to Hold Virtual City Council, Commission, Committee, Board and Other City Bodies Meetings Under AB 361
Recommendation: Adopt resolution.
(Nicole Rosser, City Attorney)

BUSINESS ITEMS

3. Consideration of Appointments to the Live Oak Planning Commission Recommendation: Consider the applications received for the three Live Oak Planning Commission vacancies.
(Kevin Valente, Planning Director)

4. Approval of Initial Study Mitigated Negative Declaration and Project Mitigation Monitoring Program (MMP) for the P Street Lift Station
Recommendation: Adopt resolution approving the P Street Lift Station Project IS/MND and the P Street Lift Station Project MMP.
(Ron Walker, Public Works Director)

ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION

UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER

COUNCILMEMBER COMMENTS

ADJOURNMENT
3 City of Live Oak
Report to City Council
Meeting Date: February 1, 2023
Title: City Council Meeting Minutes
Contact Information: Clarissa Menchaca, City Clerk
Recommendation: Approve the January 18, 2023, City Council Regular Meeting minutes.

Attachments:

Minutes
4 LIVE OAK CITY COUNCIL MINUTES – JANUARY 18, 2023

CALL TO ORDER
Meeting called to order by Mayor Woten at Live Oak City Council Chambers, 9955 Live Oak Boulevard, Live Oak, CA at 6:02 pm.

ROLL CALL

Present: Councilmembers Santana, Ghag, Vice Mayor Chapdelaine, and Mayor Woten Appeared via teleconference: Councilmember Hernandez

PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Ghag led the Pledge of Allegiance. Councilmember Santana 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 4 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: December 21, 2022, City Council Regular Meeting minutes approved.

LIVE OAK

CITY COUNCIL

MINUTES
JANUARY 18, 2023
6:00 PM

MEETING LOCATION

LIVE OAK COUNCIL CHAMBERS
9955 LIVE OAK BOULEVARD
LIVE OAK, CALIFORNIA 95953

MEMBERS OF THE COUNCIL

BOB WOTEN, MAYOR

JERAMY CHAPDELAINE, VICE MAYOR

LAKHVIR GHAG, COUNCILMEMBER

ASHLEY HERNANDEZ, COUNCILMEMBER

NANCY SANTANA, COUNCILMEMBER

AARON PALMER,

CITY MANAGER

NICOLE ROSSER,

CITY ATTORNEY
5 LIVE OAK CITY COUNCIL MINUTES – JANUARY 18, 2023

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. 01-2023 adopted.

3. Adoption of an Ordinance Amending Section 15.50.020(E) of the Live Oak Municipal Code to Establish New Development Impact Fees for Accessory Dwelling Units Kevin Valente, Planning Director
Council action: 1) Second reading of the ordinance waived; and 2) Ordinance No. 582 adopted.

4. Parks and Recreation 2022 Annual Report
Luis Cibrian, Parks and Recreation Director
This item was removed from the Consent Agenda for further discussion at the request of Councilmember Ghag.

5. Appointments to the Feather River Air Quality Management District Aaron Palmer, City Manager
Council action: The appointments of City of Yuba City Councilman Michael Pasquale as Director, City of Yuba City Councilman Wade Kirchner as Alternate Member, and City of Wheatland Councilwoman Angela Teter as Alternate Member to the Feather River Air Quality Management District as required by Health and Safety Code Section 40152(b) approved.

BUSINESS ITEMS

6. Annual Audited Financial Statements – Year Ended June 30, 2022 James Ramsey, Finance Director
James Ramsey, Finance Director; and Terry Shea, Rogers, Anderson, Malody & Scott, LLP, provided a report for the Council.

Public Comment was opened and closed without any speakers.

MOTION: ACCEPT AND FILE ANNUAL FINANCIAL STATEMENTS.
(MOTION: WOTEN; SECOND: HERNANDEZ)
VOTE: MOTION PASSED UNANIMOUSLY

7. Mid-Year Budget Adjustments for Fiscal Year (FY) 2022-23 James Ramsey, Finance Director
James Ramsey, Finance Director, provided a report for the Council.

Public Comment was opened and closed without any speakers.

MOTION: APPROVE MID-YEAR BUDGET ADJUSTMENT FOR FY 2022-23. (MOTION: GHAG; SECOND: SANTANA)
VOTE: MOTION PASSED UNANIMOUSLY
Reference Resolution No. 02-2023.
6 LIVE OAK CITY COUNCIL MINUTES – JANUARY 18, 2023

ITEMS REMOVED FROM THE CONSENT AGENDA FOR COUNCIL CONSIDERATION AND ACTION

4. Parks and Recreation 2022 Annual Report
Luis Cibrian, Parks and Recreation Director
Luis Cibrian, Parks and Recreation Director, addressed questions from the Council.

Council action: Accepted for information.

UPDATES AND ANNOUNCEMENTS FROM THE CITY ATTORNEY AND CITY MANAGER There were no updates from the City Attorney or City Manager.

COUNCILMEMBER COMMENTS
Councilmember Hernandez commented on the General Fund deficit due to the CFD’s not being collected the prior year and the checks and balances for journal entries.

Councilmember Santana discussed moving the City forward with the new council.

Councilmember Ghag discussed the Mosquito Vector Control Board spray program.

Vice Mayor Chapdelaine commented on the upcoming goal setting workshops and budget.

Mayor Woten commented on the new council and working with staff to make the right decisions.

CLOSED SESSION

5. Conference with Labor Negotiators Pursuant to California Government Code Section 54957.6:

Agency Designated Representatives: Aaron Palmer, City Manager Employee Organization: Public Employees Union Local #1 (AFSME) *Clerk’s Note: The Council adjourned to Closed Session at 7:07 pm and reopened the meeting at 7:38 pm.

CLOSED SESSION REPORT
There was no reportable action.

ADJOURNMENT
Mayor Woten adjourned the meeting at 7:38 pm.

Bob Woten, Mayor
ATTEST:

Clarissa Menchaca, City Clerk
7 City of Live Oak
Report to City Council
Meeting Date: February 1, 2023
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 8 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
9 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 10 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 1st day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:
_______________________________
Bob Woten, Mayor
ATTEST:
_______________________________
Clarissa Menchaca, City Clerk
11 City of Live Oak
Report to City Council
Meeting Date: February 1, 2023
Title: Consideration of Appointments to the Live Oak Planning Commission Contact Information: Kevin Valente, AICP, Contract Planner Location: Citywide.

Background: The City of Live Oak Planning Commission is comprised of seven members.

Six members are appointed by the City Council and one member is appointed by the Sutter County Planning Commission with approval by the Sutter County Board of Supervisors and the Live Oak City Council.

Live Oak Municipal Code Section 2.12.020(A) states, in part, "The planning commission shall consist of seven members appointed by the mayor with the consent of the City Council." Section 2.12.020 (C) states the city will post a notice of possible vacancy to allow the incumbent and other citizens to be considered for appointment or reappointment.

The City of Live Oak Planning Commissioners each serve staggered, fouryear terms. The term of two commissioners expired on January 31, 2023. In addition, the City of Live Oak received a resignation letter from a current Planning Commissioner, which results in a total of three current vacancies that need to be filled.

Two vacancies are for a four-year term and one vacancy is for a three-year term.

Current Term Expires Commissioner
January 21, 2024 Joaquin Bermudez
January 31, 2024 Gurveer Butter
January 31, 2025 Kris Selvidge
January 21, 2025 VACANT
January 31, 2027 VACANT
January 31, 2027 VACANT
January 31, 2024 Christine Ivory (Sutter County Appointed) 12 Analysis: The City of Live Oak published a vacancy notice on December 28, 2022. The City of Live Oak has received six applications in response to the public vacancy notice.

A technical reading of the code would allow the Mayor to make an appointment, with Council then voting on whether or not to confirm the appointment. If the City Council failed to approve the Mayor's appointments, the Council would then need to consider another appointment by the Mayor, followed by a Council vote.

All current applicants have been informed the Mayor and City Council will consider an appointment at the February 1, 2023 City Council meeting. The Mayor will make known his appointments at this council meeting.

Fiscal Impacts: None.

Recommendation: Consider the applications received for the three Live Oak Planning Commission vacancies.

Attachments:

Application - Jerry Stewart
Application - Aaron Pamma
Application - David Smith
Application - Bernie Didario
Application - Cruz Mora
Application - Marcus Prasad
13 14
15 16
Aarondeep Pamma

1. What are your reasons for wishing to serve on the City of Live Oak Planning Commission?
- There are many factors that motivated me on joining the Live Oak Planning Commission four years ago and those same reasons are why I’d like to continue serving my hometown. My family has resided in Live Oak since 1972, and I have lived here my entire life. Live Oak has raised me and helped groomed the person I have become. I wish to pass on my knowledge and offer my hand to the city that raised me. I want to sit on the panel and make pivotal decisions for this community and be a part of the team that leads us in the right direction. Like many other people in the community that have businesses, my family owns an agricultural operation. I want to help reward the local business by attracting more people to our city and create a welcoming environment. The potential in this town is endless, and I am willing to put in the effort, and do my part on the planning commissions to turn this vision into a reality.

2. Describe your experience and/or qualifications which will assist the City Council in evaluating your application.

1. 4 years Live Oak Planning Commission

2. 1 year Sutter County Planning Commission

3. Business owner/Farmer

4. Pharmacist

5. Realtor
- With my background and involvements in a wide range of fields, I feel I am well equipped to serve on the planning commission. I have many experiences that attest to my skills pertaining to leadership, communication, accountability and being a professional. My most qualifying experience comes from serving on the Sutter County Planning commission where we had regular meetings 1-2 month. Each meeting had different content that attributed to my growth of understanding the purpose of a planning commission and the perspective to have while serving on this panel.

3. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
- If appointed; I’ll be able to attend meetings, devote all the time necessary to fulfill my duties as an active member, and serve my community well. In the last four years of serving the planning commission, I was unable to attend one meeting. 17 18

19 20
21 22
23 24

1.What are your reasons for wishing to serve on the City of Live Oak Planning Commission? After having the privilege of my life this summer, I purchased my first home in my hometown.

I wish to make the first-time home-buying experience more pleasant by increasing competition. I want to serve the City of Live Oak Planning Commission in order to further our City's goal to boost economic development while listening to the public's input on developing our Community.

I want to engage local leaders to take the initiative and pride in creating a positive and healthy sense of Community in the City. I would participate in building an action plan with three simple steps: 1) explore local data, 2) review existing models & 3) evaluate our City's goals and initiatives.

2.Describe your experience and/or qualifications which will assist the City Council in evaluating your application.

Over the past three years, I have advocated on behalf of the residents of the City of Live Oak and believe I am the strongest Planning Commission candidate. My lived experience is the biggest asset to the City. I am homegrown from Live Oak, and I distinctly understand the needs of our Community. I've studied a wide range of disciplines at CSU, Chico, varying from Biological Science, Public Health, and Political Science.

3.If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes, most certainly, yes! I look forward to assisting the City Council in furthering the Council's policy goals and directions. I am available for all regularly scheduled meetings and even suggest holding joint city council-planning commission workgroups for the Community if desired. 25 26

1.What are your reasons for wishing to serve on the City of Live Oak Planning Commission? I am actively involved in this cities governance and my vested interests lie in the well being of this city. I am a taxpayer and a homeowner in Live Oak. The city had a few flaws after the ousting of the former building inspector, several homeowners in the Garden Glen subdivision had experienced numerous building code violations and errors with brand new homes. This had given the city a poor representation at the time, and I look forward to working with City Officials and planning commissioners to get down to business and provide clear and concise improvements that will benefit future homeowners in Live Oak.

2.Describe your experience and/or qualifications which will assist the City Council in evaluating your application.

I have the financial expertise that this city planning commission needs that can result in the best outcome while maintaining a fiscally conservative stance regarding budgeting and monetary expenses. Besides my professional experience, I also have the passion and courage to stand up and bring about the much needed change to improve the development in all of Live Oak. I come from a well developed city, Elk Grove, where I regularly attended City Council meetings. I will bring diversity and provide a sense of unity as a commissioner. My input has been valuable to the City of Elk Grove and if chosen as planning commissioner my expertise will serve the people and property of Live Oak as well.

3.If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
My schedule is free. I can and am able to attend ALL meetings as a commissioner. I will come to these meetings well prepared, with background knowledge and facts that can improve the function of this city. I am available during business hours to serve and protect the integrity of Live Oak and help develop this city while maintaining the small town charm we all love.

Marcus Prasad
27 City of Live Oak
Report to City Council
Meeting Date: February 1, 2023
Title: Approval of Initial Study Mitigated Negative Declaration (IS/MND) and Project Mitigation Monitoring Program (MMP) for the P Street Lift Station Contact Information: Ron Walker, Public Works Director
28 Background: P Street Sewage Lift Station was originally constructed in 1974. Kjeldsen, Sinnock, and Neudeck (KSN) Inc. was retained by the City's Public Works Department to design an update and extensive modification for P Street Lift Station. The existing lift station is nearly 50 years old, is at the end of its useful life, and provides limited operational storage for peak flow conditions.

On March 16, 2022, the City Planning Department provided a P Street Lift Station Project Environmental Categorical Exemption for Council consideration. Council directed staff to move forward with the California Environmental Quality Act (CEQA) exemption process. KSN completed the project design. On May 24, 2022, the construction bid period began. Bids were to be received on July 7, 2022. During the bid period, staff became aware that the bid climate was such that the bids would likely be significantly above the Engineers Estimate. Staff also became aware of the possibility of California State Revolving Fund grant opportunities for this project. The City had intended on self-funding the project. Prior to the bids opening date, it was decided to end the bid period and not receive bids for the project.

On September 7, 2022, Council authorized submission of a financial package for consideration under the California State Revolving Fund Program.

Council was informed that due to State and Federal Funds potentially being awarded in the form of low-interest loans and/or grants that an IS/MND process would be required. The IS/MND process is more involved, and the project would not be eligible for a CEQA Categorical Exemption.

In accordance with the CEQA, the City prepared an IS/MND. The IS/MND was circulated for public comment from December 22, 2022 to January 20, 2023. Comments were received from the Central Valley Regional Water Quality Control Board and the California Department of Fish and Wildlife.

Comments have been reviewed and appropriate Project MMP modifications have been made. It has been determined all potentially significant environmental impacts would be mitigated to a less-than-significant level with incorporation of mitigation.

In compliance with Public Resources Code Section 21080.3.1, known as Assembly Bill (AB) 52, the Ione Band of Miwok Indians, the United Auburn Indian Community of the Auburn Rancheria (UAIC), and the Torres Martinez Desert Cahuilla Indians have each previously submitted requests to the City to be consulted during the review process for proposed projects within the City's jurisdiction, pursuant to AB 52. As such, the City provided formal notification to each of the tribes regarding the proposed project. The City did not receive any consultation requests.

Based on the information contained in the staff report, staff recommends that the City Council approve the P Street Lift Station Project IS/MND. Upon approval, the IS/MND will be uploaded to the California SRF Program website.
29 Recommendation: Adopt resolution approving the P Street Lift Station Project IS/MND and the P Street Lift Station Project MMP.

Attachments:

Resolution
Exhibit A - P Street Lift Station Initial Study/Mitigated Negative Declaration Exhibit B - P Street Lift Station Project Mitigation Monitoring Program 30 1
Resolution No.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVE OAK APPROVING THE MITIGATED NEGATIVE DECLARATION

FOR THE P STREET LIFT STATION PROJECT AS ADEQUATE FOR ADDRESSING THE ENVIRONMENTAL IMPACTS OF THE

PROPOSED PROJECT
WHEREAS, the City received and application for approval of an Initial Study/Mitigated Negative Declaration (IS/MND) for the upgrading of the existing wastewater lift station and associated onsite facilities (proposed project). The project site (0.5 acres) is located at the northwestern corner of the intersection of P Street and Date Street, and is identified as Sutter County Assessor Parcel Numbers (APNs) 006-241-001 and 006-241-002; 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 December 22, 2022 and ending on January 20, 2023; and WHEREAS, the Live Oak City Council has reviewed the IS/MND for this project and the public comments; and WHEREAS, the Live Oak City Council gave notice of public hearing as required by law; and WHEREAS, on February 1, 2023, the Live Oak City Council duly held a public hearing on the matter, and received and considered evidence, both oral and documentary approving the Final IS/MND. The Final IS/MND is attached as Exhibit A to this Resolution.

NOW, THEREFORE, BE IT RESOLVED AND DETERMINED, as follows:

1. The foregoing recitals are true and correct.

2. The City of Live Oak City Council hereby FINDS, on the basis of the whole record before it (including the Initial Study) that:
a. The City of Live Oak exercised overall control and direction over the CEQA review for the project, including the preparation of the Final IS/MND, and independently reviewed the Final IS/MND; and b. There is no substantial evidence that the project will have a significant effect on the environment once mitigated measures have been followed; and
c. The Final IS/MND reflect the City’s independent judgement and analysis.

3. The Live Oak City Council hereby APPROVES AND ADOPTS the IS/MND for the Project. 31 PASSED AND ADOPTED by the City Council of the City of Live Oak this 1st day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:

APPROVED:

Bob Woten, Mayor
ATTEST:

Clarissa Menchaca, City Clerk
32 FINAL
CEQA Plus Initial Study and Mitigated Negative Declaration

P STREET LIFT STATION PROJECT
City of Live Oak, California
State Clearinghouse Number
2022120579
Prepared For:

City of Live Oak
9955 Live Oak Boulevard
Live Oak, California 95953
Prepared By:
55 Hanover Lane, Suite A
Chico, California 95973
January 2023
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CONTENTS
SECTION 1.0 Introduction...................................................................................................................................................... 1-1

1.1 Background of Environmental Review Process for the Project .....................................................................1-1

1.2 Intended Uses of the IS/MND ....................................................................................................................................1-1

1.3 Organization and Scope of this Document...........................................................................................................1-3 SECTION 2.0 Response to Comments .............................................................................................................................. 2-1

2.1 List of Commenters.........................................................................................................................................................2-1

2.2 Comments and Responses ..........................................................................................................................................2-1 SECTION 3.0 Revisions to the Initial Study ..................................................................................................................... 3-1

3.1 Introduction .......................................................................................................................................................................3-1

3.2 Revisions to the Initial Study.......................................................................................................................................3-1 35 Final Initial Study and Mitigated Negative Declaration Live Oak P Street Lift Station Project
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SECTION 1.0 INTRODUCTION
This document, in conjunction with the draft Initial Study/Mitigated Negative Declaration (IS/MND), responds to comments made on the proposed P Street Lift Station Project in the City of Live Oak.

While the State California Environmental Quality Act (CEQA) Guidelines do not require a final initial study or the preparation of formal responses to comments on draft initial studies/mitigated negative declarations the City has determined to provide responses to the comments it has received in order to provide further disclosure of the Project's impacts.

1.1 Background of Environmental Review Process for the Project

1.1.1 INITIAL STUDY
The IS/MND was released for public and agency review on December 22, 2022, with the 30-day review period ending on January 20, 2023. The City received two comment letters during this review period.

1.1.2 RESPONSE TO COMMENTS
This section provides a response to comments received on the IS/MND and is included as Section 2.0 of this document.

1.1.3 REVISIONS TO THE INITIAL STUDY
This section provides a list of revisions made to the IS/MND as a result of comments received.

1.2 Intended Uses of the IS/MND
The IS/MND in its final form will be used by the City of Live Oak in considering approval of the proposed Project. In accordance with CEQA Guidelines Section 15074, the IS/MND will be used as the primary environmental document in consideration of all subsequent planning and permitting actions associated with the project, to the extent such actions require CEQA compliance and as otherwise permitted under applicable law.

1.2.1 CONSIDERATION OF COMMENTS
Prior to taking action on the proposed Project, the City will consider the IS/MND, this response to comments document, and any additional comments or testimony. Negative declarations and mitigated declarations are considered and adopted per CEQA Guidelines Section 15074, which reads as follows:
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15074. CONSIDERATION AND ADOPTION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION.
(a) Any advisory body of a public agency making a recommendation to the decision-making body shall consider the proposed negative declaration or mitigated negative declaration before making its recommendation.
(b) Prior to approving a project, the decision-making body of the lead agency shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process. The decision-making body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency’s independent judgment and analysis. (c) When adopting a negative declaration or mitigated negative declaration, the lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. (d) When adopting a mitigated negative declaration, the lead agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects.
(e) A lead agency shall not adopt a negative declaration or mitigated negative declaration for a project within the boundaries of a comprehensive airport land use plan or, if a comprehensive airport land use plan has not been adopted, for a project within two nautical miles of a public airport or public use airport, without first considering whether the project will result in a safety hazard or noise problem for persons using the airport or for persons residing or working in the project area.
(f) When a non-elected official or decision-making body of a local lead agency adopts a negative declaration or mitigated negative declaration, that adoption may be appealed to the agency’s elected decision-making body, if one exists. For example, adoption of a negative declaration for a project by a city’s planning commission may be appealed to the city council. A local lead agency may establish procedures governing such appeals.

Upon review and consideration of the IS/MND, the City may take action to adopt, revise, or reject the proposed Project. A decision to approve the proposed Project would be made in a resolution recommending certification of the IS/MND as part of the consideration of the proposed Project. The City of Live Oak has prepared this IS/MND and has determined that the environmental impacts of 38 Final Initial Study and Mitigated Negative Declaration Live Oak P Street Lift Station Project
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the proposed Project have been reduced to a less than significant level through mitigation measures adopted as part of a Mitigation Monitoring and Reporting Program (MMRP).

1.3 Organization and Scope of this Document
This document is organized in the following manner:

SECTION 1.0 – INTRODUCTION
Section 1.0 provides an overview of the environmental review process to date and discusses the CEQA requirements for consideration and adoption of a mitigated negative declaration.

SECTION 2.0 – COMMENTS AND RESPONSES TO COMMENTS
Section 2.0 provides a list of commenters, copies of written comments (coded for reference), and the responses to those comments made on the IS/MND.

SECTION 3.0 – REVISIONS TO THE DRAFT INITIAL STUDY
Section 3.0 provides edits to the Initial Study in response to comments received during the public review period.
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SECTION 2.0 RESPONSE TO COMMENTS

2.1 List of Commenters
The following individuals and representatives of organizations and agencies submitted written comments on the IS/MND.

Letter Agency, Organization, or Individual Date
A Peter Minkel, Central Valley Regional Water Quality Control Board January 20, 2023 B Alexander Funk, M.S., California Department of Fish and Wildlife January 20, 2023

2.2 Comments and Responses

2.2.1 RESPONSES TO COMMENT LETTERS
Written comments on the draft IS/MND are reproduced on the following pages, along with responses to those comments. CEQA does not require lead agencies to provide formal responses to comments received on initial studies supporting proposed mitigated negative declarations; however, the City prepared this response to comments document to provide responses to comments received on the IS/MND in order to provide comprehensive information and disclosure for both the public and City’s decision-makers.

Where changes deemed necessary to clarify the draft IS/MND text result from responding to comments, those minor changes are included in the response and demarcated with revision marks (double underline for new text, strikeout for deleted text). 41 Final Initial Study and Mitigated Negative Declaration Live Oak P Street Lift Station Project
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Letter A - Central Valley Regional Water Quality Control Board 42 Final Initial Study and Mitigated Negative Declaration Live Oak P Street Lift Station Project
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Comment Letter A – Peter Minkel, Central Valley Regional Water Quality Control Board Comment A-1: This comment is a summary of required permits and certifications required for the Proposed Project, submitted by the Central Valley Regional Water Quality Control Board.

Response A-1: The comment letter does not include specific suggestions or comments regarding the contents or adequacy of the IS/MND. This comment is noted and will be provided to the Planning Commission and City Council for consideration.
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Comment Letter B - Alexander Funk, M.S., California Department of Fish and Wildlife 48 Final Initial Study and Mitigated Negative Declaration Live Oak P Street Lift Station Project
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City of Live Oak
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Comment B-1: The comment provides an introductory paragraph and information about the California Department of Fish and Wildlife’s (CDFW) responsibilities as a Trustee Agency.

Response B-1: This comment does not provide any specific comments on the content or adequacy of the Draft IS/MND. Comment noted.

Comment B-2: The comment provides a project description summary and introduction to CDFW comments on the Draft IS/MND.

Response B-2: This comment does not provide any specific comments on the content or adequacy of the Draft IS/MND. Comment noted.

Comment B -3: The comment provides information on raptors and migratory birds and their protection under the Migratory Bird Treaty Act. The comment continues and provides suggested revisions to mitigation measure BIO-2 to further assist in the protection of raptors and migratory birds.

Response B-3: Mitigation measure BIO-2 has been revised to include the CDFW suggested changes to this mitigation. See Section 3.0 for this revision.

Comment B-4: The comment provides information about Swainson’s hawk and states that the trees along the western boundary of the Study Area represent marginal nesting habitat for Swainson’s hawk. These trees also provide marginal to suitable nesting habitat for five non-listed special-status bird species and a variety of other non-listed birds that are protected under the MBTA and the California Fish and Game Code. The comment continues and states that if Project construction occurs during the nesting season and active nests are present, they may be directly or indirectly impacted by development and provides recommendations to protect Swainson’s hawk.

Response B-4: Mitigation measure BIO-2 has been revised to include the CDFW suggested changes to protect Swainson’s hawk. See Section 3.0 for this revision.

Comment B-5: The comment states that the trees along the western boundary of the Study Area represent potential roosting habitat for three special-status bat species.

Project development could permanently remove or alter suitable roosting habitat for special-status bats, and if special-status bats occur onsite, they may be directly or indirectly impacted by development. The comment provides recommended revisions to mitigation measure BIO-3 and BIO-4 to include avoidance and minimization measures.

Response B-5: The Project does not involve any construction on the western half of the 0.5 acre site. This area would only be used for staging of vehicle and equipment. 53 Final Initial Study and Mitigated Negative Declaration Live Oak P Street Lift Station Project
Final IS/MND. 2-14 January 2023
City of Live Oak
No trees would need to need removed as a part of construction. Additionally, there are no bat surveys that can be conducted from approximately Oct 15 to March 1 (hibernation) except conducting a bat habitat assessment and visually inspecting the entirety of the roost feature, which is often infeasible due to access issues. Conducting surveys during hibernation period is somewhat ineffective because nothing is exiting the roost during this time. A bat habitat assessment can be done at any time of year, but evening emergence and acoustic surveys cannot be reliably conducted during Oct 15 to March 1. As such, mitigation measure BIO-3 has been revised to allow for a determination by a qualified bat biologist as to the timing and extend of needed surveys. Mitigation measure BIO-4 has been revised to include the CDFW suggested changes to protect bats. See Section 3.0 for this revision.

Comment B-6: The comment provides a recommendation that the Project be designed to avoid the removal of oak trees. If this removal cannot be avoided then the comment recommends that mitigation measures BIO-5 and BIO-6 be revised to include additional suggested mitigation.

Response B-6: All on-site trees are located in the western half of the 0.5-acre. This area is only to be used for staging purposes and no construction will occur in this area. However, mitigation measure BIO-6 has been revised to include suggested CDFW oak tree mitigation. See Section 3.0 for this revision.

Comment B-7: The comment request that any special-status species detected during Project surveys be reported to the California Natural Diversity Database (CNDDB) and states that the payment of the CDFW filing fees is required for the Project.

Response B-7: This comment does not provide any specific comments on the content or adequacy of the Draft IS/MND. Comment noted.

Comment B-8: The comment concludes and requests written notification of proposed actions and pending decisions regarding the Project. Written notifications should be directed to: California Department of Fish and Wildlife North Central Region, 1701 Nimbus Road, Rancho Cordova, CA 95670.

Response B-8: This comment does not provide any specific comments on the content or adequacy of the Draft IS/MND. Comment noted.
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City of Live Oak
SECTION 3.0 REVISIONS TO THE INITIAL STUDY

3.1 Introduction
This section includes edits to the Initial Study in response to comments received during the public review period. Changes are provided in revision marks (double underline for new text and strike out for deleted text).

3.2 Revisions to the Initial Study

SUMMARY
Page S-2
The following change has been made to mitigation measure BIO-2:

BIO-2: Nesting Bird Work Window. Vegetation removal activities within the Project disturbance area should be performed between September 1 and January 31. If construction is to be initiated during the nesting season (generally February 1 through August 31), a qualified wildlife biologist shall conduct a preconstruction nesting bird survey of all suitable nesting habitat in and adjacent to the Project site within 14 days of the commencement of construction. within 3 days prior to any vegetation removal, ground disturbance, construction, or other Project-related activities on the site. The qualified wildlife biologist should survey a minimum radius of 500 feet (for migratory birds) and 0.5 mile (for raptors) around the Project area that can be accessed. If an active nest is found, active nests should be avoided, and a no disturbance buffer should be determined by the City’s qualified wildlife biologist. CDFW should be notified if an avoidance buffer is established around an active nest. All activities within the designated avoidance buffer should be postponed until the biologist, in consultation with CDFW, can confirm that all breeding activity is concluded, all young birds have fledged and the nest is no longer active for the season. If a lapse in Projectrelated work of 14 days or longer occurs, another survey may be necessary, therefore, CDFW should be contacted before re-initiating work.

During the nesting season, the biologist shall monitor active nests to determine when the young have fledged and shall submit status reports to CDFW, as appropriate, To protect active Swainson’s hawk nests, the area within 0.5 mile of Project activities be surveyed for active nests by a qualified wildlife biologist in accordance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley. If an active nest occurs within 0.5 mile of the Project site, the area should be avoided, and the CDFW should be consulted. If Project activities within 0.5 mile of an active nest cannot be avoided, the area should be monitored by a qualified raptor biologist prior to and during Project activities. If the nesting pair’s behavior suggests agitation or disturbance by Project activities, all activities in the area shall immediately stop pending consultation with CDFW. If necessary, the City may need to obtain an incidental take permit issued pursuant to Fish and Game Code section 2081. 55 Final Initial Study and Mitigated Negative Declaration Live Oak P Street Lift Station Project
Final IS/MND. 3-2 January 2023
City of Live Oak
throughout the nesting season.

The survey shall be conducted in accessible areas within a 500-foot radius of Project work areas for raptors and within a 100-foot radius for other nesting birds. If any active nests are observed, these nests shall be designated a sensitive area and protected by an avoidance buffer established in coordination with CDFW until a qualified biologist has determined that the young have fledged and are no longer reliant upon the nest or parental care for survival or the nest is otherwise no longer occupied.

Timing/Implementation: Prior to and during vegetation removal, ground disturbance, and construction activities
Monitoring/Enforcement: City of Live Oak
The following change has been made to mitigation measure BIO-3:

BIO-3: Pre-construction Bat Roost Surveys. A pre-project bat roost survey shall be conducted by a qualified wildlife biologist to determine to what extent further surveys or monitoring of on-site roosts may be necessary over the course of spring, summer, fall, and winter. If bats are observed, the qualified biologist will prepare a report that documents survey methods, results, and recommendations that quantifies the amount of occupied roost habitat, identifies bats to species if possible, and provides recommendations for bat roost mitigation based on survey observations.

If bats are observed, then the report will be submitted to CDFW.” Additionally, bat roost surveys shall be conducted by a qualified wildlife biologist within 14 days prior to removal of any tree having the potential to provide bat roosting habitat. Locations of vegetation and tree removal or excavation will be examined for potential bat roosts. Specific survey methodologies will be determined by a qualified biologist and consistent with any applicable recommendations or requirements of CDFW, and may include visual surveys of bats (e.g., observation of bats during foraging period), inspection for suitable habitat or, observations of bat sign (e.g., guano), or use of ultrasonic detectors (e.g., SonoBat, Anabat). Removal of any significant roost sites located will be avoided to the extent feasible.

Timing/Implementation: Prior to and during construction activities Monitoring/Enforcement: City of Live Oak
Page S-3
The following change has been made to mitigation measure BIO-4:

BIO-4: Minimize disturbance to Bat Roosts. If it is determined that an active roost site cannot be avoided and will be affected, the biologist shall notify and consult with CDFW on appropriate bat exclusion methods and roost removal procedures.

If replacement of roost structures is required, roost structures should be in place for a minimum of one full year prior to implementing the Project. The replacement structures should be monitored to document bat use. Ideally, the Project would not be implemented unless and until 56 Final Initial Study and Mitigated Negative Declaration Live Oak P Street Lift Station Project
Final IS/MND. 3-3 January 2023
City of Live Oak
replacement roost structures on site are documented to be acceptable and used by the bat species of interest.

The Project that results in the loss or modification of the original roost structure should be implemented outside the critical hibernation and maternity seasons.

If tree removal is required during Project construction, tree removal should be scheduled either (1) between approximately March 1 (or when evening temperatures are above 45°F and rainfall less than ½ inch in 24 hours occurs) and April 15, prior to parturition of pups; or (2) between September 1 and October 15 prior to hibernation (or prior to evening temperatures dropping below 45°F and onset of rainfall greater than ½ inch in 24 hours). Removal of trees containing suitable bat habitat should be conducted under the supervision of a qualified bat biologist. Trees should be trimmed and/or removed in a two-phased removal system conducted over two consecutive days. The first day (in the afternoon), limbs and branches should be removed by a tree cutter using chainsaws only. Limbs with cavities, crevices or deep bark fissures should be avoided, and only branches or limbs without those features should be removed. On the second day, the entire tree should be removed. Project proponents should consult with a qualified bat biologist to determine suitable buffers around roost and/or hibernaculum sites. Buffers may vary depending on species and Project activity being performed.

Timing/Implementation: Prior to and during construction activities Monitoring/Enforcement: City of Live Oak
The following change has been made to mitigation measure BIO-6:

BIO-6: Minimize disturbance to Protected Oak Trees. If oak trees are removed then Tthe applicant shall consult with the City to develop measures to preserve protected trees or mitigate their loss.

The following measures shall be considered:
 Establishment and maintenance procedures to restore the canopy cover, spatial arrangement, age class distribution and species composition of the oak woodland lost.  Individual trees or groups of trees that are retained as a function of Project design should be fully protected both during and after construction. During the construction of the Project, a temporary protective fence should be established a minimum of 10 feet beyond the drip line of the retained oaks. Within this protective buffer, no grading, trenching, fill, or vegetation alteration should be allowed.  Individual trees that are unavoidably lost due to Project implementation should be fully mitigated through the planting of oak seedlings that are obtained from local genetic stock. CDFW recommends a replacement rate of 3:1 based on canopy cover acreage for trees that are two inches or greater in DBH. We recommend a replacement rate of 1:1 for all trees less than two inches DBH.
 A five-year monitoring plan should be completed for all oak mitigation plantings. The monitoring plan should include appropriate irrigation schedules, as well as criteria for 57 Final Initial Study and Mitigated Negative Declaration Live Oak P Street Lift Station Project
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City of Live Oak
success and reestablishment during the five-year period. A success rate of no less than 80 percent at the end of the five-year monitoring period is recommended.  A restoration site should be located within contiguous areas of no less than five acres, if applicable, and adjacent to undisturbed or preserved oak woodland habitat.

Timing/Implementation: Prior to and during construction activities Monitoring/Enforcement: City of Live Oak
SECTION 4.0 ENVIRONMENTAL CHECKLIST AND DISCUSSION

The following change has been made to mitigation measure BIO-2:

BIO-2: Nesting Bird Work Window. Vegetation removal activities within the Project disturbance area should be performed between September 1 and January 31. If construction is to be initiated during the nesting season (generally February 1 through August 31), a qualified wildlife biologist shall conduct a preconstruction nesting bird survey of all suitable nesting habitat in and adjacent to the Project site within 14 days of the commencement of construction. within 3 days prior to any vegetation removal, ground disturbance, construction, or other Project-related activities on the site. The qualified wildlife biologist should survey a minimum radius of 500 feet (for migratory birds) and ½-mile (for raptors) around the Project area that can be accessed. If an active nest is found, active nests should be avoided, and a no disturbance buffer should be determined by the City’s qualified wildlife biologist. CDFW should be notified if an avoidance buffer is established around an active nest. All activities within the designated avoidance buffer should be postponed until the biologist, in consultation with CDFW, can confirm that all breeding activity is concluded, all young birds have fledged and the nest is no longer active for the season. If a lapse in Projectrelated work of 14 days or longer occurs, another survey may be necessary, therefore, CDFW should be contacted before re-initiating work.

During the nesting season, the biologist shall monitor active nests to determine when the young have fledged and shall submit status reports to CDFW, as appropriate, To protect active Swainson’s hawk nests, the area within 0.5 mile of Project activities be surveyed for active nests by a qualified wildlife biologist in accordance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley. If an active nest occurs within 0.5 mile of the Project site, the area should be avoided, and the CDFW should be consulted. If Project activities within 0.5 mile of an active nest cannot be avoided, the area should be monitored by a qualified raptor biologist prior to and during Project activities. If the nesting pair’s behavior suggests agitation or disturbance by Project activities, all activities in the area shall immediately stop pending consultation with CDFW. If necessary, the City may need to obtain an incidental take permit issued pursuant to Fish and Game Code section 2081. throughout the nesting season.
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The survey shall be conducted in accessible areas within a 500-foot radius of Project work areas for raptors and within a 100-foot radius for other nesting birds. If any active nests are observed, these nests shall be designated a sensitive area and protected by an avoidance buffer established in coordination with CDFW until a qualified biologist has determined that the young have fledged and are no longer reliant upon the nest or parental care for survival or the nest is otherwise no longer occupied.

Timing/Implementation: Prior to and during vegetation removal, ground disturbance, and construction activities
Monitoring/Enforcement: City of Live Oak
The following change has been made to mitigation measure BIO-3:

BIO-3: Pre-construction Bat Roost Surveys. A pre-project bat roost survey shall be conducted by a qualified wildlife biologist to determine to what extent further surveys or monitoring of on-site roosts may be necessary over the course of spring, summer, fall, and winter. If bats are observed, the qualified biologist will prepare a report that documents survey methods, results, and recommendations that quantifies the amount of occupied roost habitat, identifies bats to species if possible, and provides recommendations for bat roost mitigation based on survey observations.

If bats are observed, then the report will be submitted to CDFW.” Additionally, bat roost surveys shall be conducted by a qualified wildlife biologist within 14 days prior to removal of any tree having the potential to provide bat roosting habitat. Locations of vegetation and tree removal or excavation will be examined for potential bat roosts. Specific survey methodologies will be determined by a qualified biologist and consistent with any applicable recommendations or requirements of CDFW, and may include visual surveys of bats (e.g., observation of bats during foraging period), inspection for suitable habitat or, observations of bat sign (e.g., guano), or use of ultrasonic detectors (e.g., SonoBat, Anabat). Removal of any significant roost sites located will be avoided to the extent feasible.

Timing/Implementation: Prior to and during construction activities Monitoring/Enforcement: City of Live Oak
The following change has been made to mitigation measure BIO-4:

BIO-4: Minimize disturbance to Bat Roosts. If it is determined that an active roost site cannot be avoided and will be affected, the biologist shall notify and consult with CDFW on appropriate bat exclusion methods and roost removal procedures.

If replacement of roost structures is required, roost structures should be in place for a minimum of one full year prior to implementing the Project. The replacement structures should be monitored to document bat use. Ideally, the Project would not be implemented unless and until replacement roost structures on site are documented to be acceptable and used by the bat species of interest.
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Final IS/MND. 3-6 January 2023
City of Live Oak
The Project that results in the loss or modification of the original roost structure should be implemented outside the critical hibernation and maternity seasons.

If tree removal is required during Project construction, tree removal should be scheduled either (1) between approximately March 1 (or when evening temperatures are above 45°F and rainfall less than ½ inch in 24 hours occurs) and April 15, prior to parturition of pups; or (2) between September 1 and October 15 prior to hibernation (or prior to evening temperatures dropping below 45°F and onset of rainfall greater than ½ inch in 24 hours). Removal of trees containing suitable bat habitat should be conducted under the supervision of a qualified bat biologist. Trees should be trimmed and/or removed in a two-phased removal system conducted over two consecutive days. The first day (in the afternoon), limbs and branches should be removed by a tree cutter using chainsaws only. Limbs with cavities, crevices or deep bark fissures should be avoided, and only branches or limbs without those features should be removed. On the second day, the entire tree should be removed. Project proponents should consult with a qualified bat biologist to determine suitable buffers around roost and/or hibernaculum sites. Buffers may vary depending on species and Project activity being performed.

Timing/Implementation: Prior to and during construction activities Monitoring/Enforcement: City of Live Oak
The following change has been made to mitigation measure BIO-6:

BIO-6: Minimize disturbance to Protected Oak Trees. If oak trees are removed then Tthe applicant shall consult with the City to develop measures to preserve protected trees or mitigate their loss.

The following measures shall be considered:
 Establishment and maintenance procedures to restore the canopy cover, spatial arrangement, age class distribution and species composition of the oak woodland lost.  Individual trees or groups of trees that are retained as a function of Project design should be fully protected both during and after construction. During the construction of the Project, a temporary protective fence should be established a minimum of 10 feet beyond the drip line of the retained oaks. Within this protective buffer, no grading, trenching, fill, or vegetation alteration should be allowed.  Individual trees that are unavoidably lost due to Project implementation should be fully mitigated through the planting of oak seedlings that are obtained from local genetic stock. CDFW recommends a replacement rate of 3:1 based on canopy cover acreage for trees that are two inches or greater in DBH. We recommend a replacement rate of 1:1 for all trees less than two inches DBH.
 A five-year monitoring plan should be completed for all oak mitigation plantings. The monitoring plan should include appropriate irrigation schedules, as well as criteria for success and reestablishment during the five-year period. A success rate of no less than 80 percent at the end of the five-year monitoring period is recommended. 60 Final Initial Study and Mitigated Negative Declaration Live Oak P Street Lift Station Project
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 A restoration site should be located within contiguous areas of no less than five acres, if applicable, and adjacent to undisturbed or preserved oak woodland habitat.

Timing/Implementation: Prior to and during construction activities Monitoring/Enforcement: City of Live Oak
61 Mitigation Monitoring and Reporting Program
P Street Lift Station Project
State Clearinghouse Number
2022120579
January 2023
Lead Agency:

City of Live Oak
9955 Live Oak Boulevard
Live Oak, California 95953
Prepared by:
55 Hanover Lane
Chico, CA 95973
62 63
Mitigation Monitoring and Reporting Program 1-1 January 2023 SECTION 1.0 INTRODUCTION
In accordance with CEQA, an MND that identifies adverse impacts related to the construction activity for the P Street Lift Station Project was prepared. The MND identifies mitigation measures that would reduce or eliminate these impacts.

Section 21081.6 of the Public Resources Code and Sections 15091(d) and 15097 of the State CEQA Guidelines require public agencies to adopt a reporting and monitoring program for changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. A MMRP is required for the Proposed Project, because the IS/MND identified potentially significant adverse impacts related to construction activity, and mitigation measures have been identified to mitigate these impacts. Adoption of the MMRP will occur along with approval of the Proposed Project.

1.1 PURPOSE OF THE MITIGATION MONITORING AND REPORTING PROGRAM This MMRP has been prepared to ensure that all required mitigation measures are implemented and completed according to schedule and maintained in a satisfactory manner during the construction and operation of the Proposed Project, as required. The MMRP may be modified by the City of Suisun City during project implementation, as necessary, in response to changing conditions or other Project refinements. Table 1-1 has been prepared to assist the responsible parties in implementing the MMRP.

This table identifies the category of significant environmental impact(s), individual mitigation measures, monitoring and mitigation timing, responsible person/agency for implementing the measure, monitoring and reporting procedure, and notation space to confirm implementation of the mitigation measures. The numbering of the mitigation measures follows the numbering sequence in the IS/MND.

1.2 ROLES AND RESPONSIBILITIES
The City of Live Oak, as Lead Agency, is responsible for oversight of compliance of the mitigation measures in the MMRP.

1.3 MITIGATION MONITORING AND REPORTING PLAN
The column categories identified in the MMRP table (Table 1-1) are described below. • Mitigation Measure – This column lists the mitigation measures by number. • Monitoring Activity/Timing/Frequency/Schedule – This column lists the activity to be monitored for each mitigation measure, the timing of each activity, and the frequency/schedule of monitoring for each activity.
• Implementation Responsibility/Verification – This column identifies the entity responsible for complying with the requirements of the mitigation measure, and provides space for verification initials and date.
64 January 2023 1-2 Mitigation Monitoring and Reporting Program • Responsibility for Oversight of Compliance/Verification – This column provides the agency responsible for oversight of the mitigation implementation, and is to be dated and initialed by the agency representative based on the documentation provided by the construction contractor or through personal verification by agency staff.
• Outside Agency Coordination – this column lists any agencies with which the City may coordinate for implementation of the mitigation measure.
• Comments – this column provides space for written comments, if necessary. 65 Mitigation Monitoring and Reporting Program 1-3 January 2023 Table 1-1. P Street Lift Station Project - Mitigation Monitoring and Reporting Program Mitigation Measure
Monitoring
Activity/Timing/
Frequency/ Schedule
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/ Verification
Outside Agency
Coordination Comments
AQ-1: The Project applicant and/or its contractor shall require that all Project earth-moving equipment (excavators, used during construction activities shall be California Air Resources Board (CARB) Tier 4 Certified, as set forth in Section 2423 of Title 13 of the California Code of
Regulations, and Part 89 of Title 40 of the Code of Federal Regulations.

Activity:

Use of Tier 4
construction equipment
Timing:

Prior to the initiation of
construction activities.

Frequency:

Ongoing during
construction.

Contractor
Initials
Date
City of Live Oak and
Project construction
lead.

Initials
Date
None
BIO-1: Worker Environmental Awareness Program. A
qualified biologist should conduct a mandatory Worker
Environmental Awareness Program for all contractors, work crews, and any onsite personnel to aid workers in
recognizing special-status species and sensitive biological resources that may occur onsite. The program shall include identification of the special-status species and their habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and Mitigation Measures required to reduce impacts to biological resources within the work area.

Activity:

Mandatory Worker
Environmental
Awareness Program
Timing:

Prior to the initiation of
construction activities
Frequency:

Once prior to
construction.

Contractor
Initials
Date
City of Live Oak and
Project construction
lead.

Initials
Date
Coordination with
qualified biologist
BIO-2: Nesting Bird Work Window. Vegetation removal
activities within the Project disturbance area should be performed between September 1 and January 31. If
construction is to be initiated during the nesting season (generally February 1 through August 31), a qualified wildlife biologist shall conduct a preconstruction nesting bird survey of all suitable nesting habitat in and adjacent to the Project site within 3 days prior to any vegetation removal, ground disturbance, construction, or other Project-related activities Activity:

Preconstruction nesting
bird survey
Timing:

Prior to and during
vegetation removal,
ground disturbance, and
construction activities
Contractor
Initials
City of Live Oak and
project construction
lead
Initials
Possible
coordination with
CDFW
66 January 2023 1-4 Mitigation Monitoring and Reporting Program Mitigation Measure
Monitoring
Activity/Timing/
Frequency/ Schedule
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/ Verification
Outside Agency
Coordination Comments
on the site. The qualified wildlife biologist should survey a minimum radius of 500 feet (for migratory birds) and 0.5 mile (for raptors) around the Project area that can be
accessed. If an active nest is found, active nests should be avoided, and a no disturbance buffer should be determined by the City’s qualified wildlife biologist. CDFW should be notified if an avoidance buffer is established around an active nest. All activities within the designated avoidance buffer should be postponed until the biologist, in
consultation with CDFW, can confirm that all breeding
activity is concluded, all young birds have fledged and the nest is no longer active for the season. If a lapse in Projectrelated work of 14 days or longer occurs, another survey may be necessary, therefore, CDFW should be contacted
before re-initiating work.

During the nesting season, the biologist shall monitor active nests to determine when the young have fledged and shall submit status reports to CDFW, as appropriate,
To protect active Swainson’s hawk nests, the area within 0.5 mile of Project activities be surveyed for active nests by a qualified wildlife biologist in accordance with the
Recommended Timing and Methodology for Swainson’s
Hawk Nesting Surveys in California’s Central Valley. If an active nest occurs within 0.5 mile of the Project site, the area should be avoided, and the CDFW should be
consulted. If Project activities within 0.5 mile of an active nest cannot be avoided, the area should be monitored by a qualified raptor biologist prior to and during Project activities.

If the nesting pair’s behavior suggests agitation or
disturbance by Project activities, all activities in the area shall immediately stop pending consultation with CDFW. If necessary, the City may need to obtain an incidental take permit issued pursuant to Fish and Game Code section
2081.

Frequency:

As needed. Date Date
BIO-3: Pre-construction Bat Roost Surveys. A preproject bat roost survey shall be conducted by a qualified wildlife biologist to determine to what extent further surveys or monitoring of on-site roosts may be necessary over the course of spring, summer, fall, and winter. If bats are Activity:

Preconstruction bat
survey
Timing:

Contractor
Initials
City of Live Oak and
project construction
lead
Possible
coordination with
CDFW
67 Mitigation Monitoring and Reporting Program 1-5 January 2023 Mitigation Measure
Monitoring
Activity/Timing/
Frequency/ Schedule
Implementation
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Verification
Responsibility for
Oversight of
Compliance/ Verification
Outside Agency
Coordination Comments
observed, the qualified biologist will prepare a report that documents survey methods, results, and recommendations
that quantifies the amount of occupied roost habitat, identifies bats to species if possible, and provides recommendations for bat roost mitigation based on survey observations. If bats are observed, then the report will be submitted to CDFW.” Additionally, bat roost surveys shall be conducted by a qualified wildlife biologist within 14 days prior to removal of any tree having the potential to provide bat roosting habitat.

Locations of vegetation and tree removal or excavation will be examined for potential bat roosts. Specific survey
methodologies will be determined by a qualified biologist and consistent with any applicable recommendations or
requirements of CDFW, and may include visual surveys of bats (e.g., observation of bats during foraging period), inspection for suitable habitat or, observations of bat sign (e.g., guano), or use of ultrasonic detectors (e.g., SonoBat, Anabat). Removal of any significant roost sites located will be avoided to the extent feasible.

Prior to commencement
of construction
Frequency:

As needed. Date
Initials
Date
BIO-4: Minimize Disturbance to Bat Roosts. If it is
determined that an active roost site cannot be avoided and will be affected, the biologist shall notify and consult with CDFW on appropriate bat exclusion methods and roost
removal procedures.

If replacement of roost structures is required, roost structures should be in place for a minimum of one full year prior to implementing the Project. The replacement structures should be monitored to document bat use. Ideally, the Project would not be implemented unless and until replacement roost
structures on site are documented to be acceptable and used by the bat species of interest.

The Project that results in the loss or modification of the original roost structure should be implemented outside the critical hibernation and maternity seasons.

If tree removal is required during Project construction, tree removal should be scheduled either (1) between
approximately March 1 (or when evening temperatures are Activity:

Determination of
appropriate bat exclusion
methods
Timing:

Prior to commencement
of construction
Frequency:

Prior to and during
construction.

Contractor
Initials
Date
City of Live Oak and
project construction
lead
Initials
Date
Coordination with
CDFW
68 January 2023 1-6 Mitigation Monitoring and Reporting Program Mitigation Measure
Monitoring
Activity/Timing/
Frequency/ Schedule
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/ Verification
Outside Agency
Coordination Comments
above 45°F and rainfall less than ½ inch in 24 hours occurs) and April 15, prior to parturition of pups; or (2) between September 1 and October 15 prior to hibernation (or prior to evening temperatures dropping below 45°F and onset of
rainfall greater than ½ inch in 24 hours). Removal of trees containing suitable bat habitat should be conducted under the supervision of a qualified bat biologist. Trees should be trimmed and/or removed in a two-phased removal system
conducted over two consecutive days. The first day (in the afternoon), limbs and branches should be removed by a tree cutter using chainsaws only. Limbs with cavities, crevices or deep bark fissures should be avoided, and only branches or limbs without those features should be removed. On the
second day, the entire tree should be removed. Project
proponents should consult with a qualified bat biologist to determine suitable buffers around roost and/or hibernaculum sites. Buffers may vary depending on species and Project activity being performed.

BIO-5: Pre-construction Protected Oak Trees Survey.

A certified arborist shall conduct a survey to evaluate any trees proposed to be removed or disturbed.

Activity:

Tree survey
Timing:

Prior to commencement
of construction
Frequency:

Prior to and during
construction.

Contractor
Initials
Date
City of Live Oak and
project construction
lead
Initials
Date
Coordination with
certified arborist
BIO-6: Minimize disturbance to Protected Oak Trees. If
oak trees are removed then the applicant shall consult with the City to develop measures to preserve protected trees or mitigate their loss. The following measures shall be
considered:
 Establishment and maintenance procedures to restore
the canopy cover, spatial arrangement, age class
Activity:

Tree protection
Timing:

Prior to commencement
of construction
Frequency:

Contractor
Initials
City of Live Oak and
project construction
lead
Initials
Coordination with
certified arborist
69 Mitigation Monitoring and Reporting Program 1-7 January 2023 Mitigation Measure
Monitoring
Activity/Timing/
Frequency/ Schedule
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/ Verification
Outside Agency
Coordination Comments
distribution and species composition of the oak
woodland lost.
 Individual trees or groups of trees that are retained as a function of Project design should be fully protected both during and after construction. During the construction of the Project, a temporary protective fence should be
established a minimum of 10 feet beyond the drip line of the retained oaks. Within this protective buffer, no
grading, trenching, fill, or vegetation alteration should be allowed.
 Individual trees that are unavoidably lost due to Project implementation should be fully mitigated through the
planting of oak seedlings that are obtained from local
genetic stock. CDFW recommends a replacement rate of
3:1 based on canopy cover acreage for trees that are two inches or greater in DBH. We recommend a replacement
rate of 1:1 for all trees less than two inches DBH.
 A five-year monitoring plan should be completed for all oak mitigation plantings. The monitoring plan should
include appropriate irrigation schedules, as well as
criteria for success and reestablishment during the fiveyear period. A success rate of no less than 80 percent at the end of the five-year monitoring period is
recommended.
 A restoration site should be located within contiguous areas of no less than five acres, if applicable, and
adjacent to undisturbed or preserved oak woodland
habitat.

Prior to and during
construction.

Date Date
CUL-1: If subsurface deposits believed to be cultural or human in origin are discovered during construction, all work must halt within a 100-foot radius of the discovery. A qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric and historic archaeology, shall be retained to evaluate the significance of the find, and shall have the authority to modify the no-work radius as appropriate, using professional
Activity:

If cultural resources or
human remains are
found then ground
disturbing activities must
be suspended within a
100-foot radius of the
find and appropriate
Contractor
Initials
City of Live Oak and
project construction
lead
Initials
Potential
coordination with
Sutter County
Coroner
70 January 2023 1-8 Mitigation Monitoring and Reporting Program Mitigation Measure
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Frequency/ Schedule
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/ Verification
Outside Agency
Coordination Comments
judgment. The following notifications shall apply, depending on the nature of the find:
 If the professional archaeologist determines that the find does not represent a cultural resource, work may
resume immediately, and no agency notifications are
required.
 If the professional archaeologist determines that the find does represent a cultural resource from any time
period or cultural affiliation, the archaeologist shall immediately notify the lead agencies. The agencies
shall consult on a finding of eligibility and implement appropriate treatment measures, if the find is
determined to be a Historical Resource under CEQA,
as defined in Section 15064.5(a) of the CEQA
Guidelines or a historic property under Section 106
NHPA, if applicable. Work may not resume within the
no-work radius until the lead agencies, through
consultation as appropriate, determine that the site
either:

1. Is not a Historical Resource under CEQA or a
Historic Property under Section 106; or

2. That the treatment measures have been
completed to their satisfaction.
 If the find includes human remains, or remains that are potentially human, they shall ensure reasonable
protection measures are taken to protect the discovery
from disturbance (AB 2641). The archaeologist shall
notify the Sutter County Coroner (per § 7050.5 of the
Health and Safety Code). The provisions of § 7050.5 of
the California Health and Safety Code, § 5097.98 of the California PRC, and AB 2641 will be implemented. If the coroner determines the remains are Native American
and not the result of a crime scene, the coroner will
notify the NAHC, which then will designate a Native
American Most Likely Descendant (MLD) for the Project
(§ 5097.98 of the PRC). The designated MLD will have
48 hours from the time access to the property is granted to make recommendations concerning treatment of the
steps as shown must be
taken
Timing:

During construction.

Frequency:

As required.

Date
Date
71 Mitigation Monitoring and Reporting Program 1-9 January 2023 Mitigation Measure
Monitoring
Activity/Timing/
Frequency/ Schedule
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/ Verification
Outside Agency
Coordination Comments
remains. If the landowner does not agree with the
recommendations of the MLD, the NAHC can mediate
(§ 5097.94 of the PRC). If no agreement is reached, the landowner must rebury the remains where they will not
be further disturbed (§ 5097.98 of the PRC). This will
also include either recording the site with the NAHC or the appropriate Information Center; using an open
space or conservation zoning designation or easement;
or recording a reinternment document with the county
in which the property is located (AB 2641). Work may
not resume within the no-work radius until the lead
agencies, through consultation as appropriate,
determine that the treatment measures have been
completed to their satisfaction.

GEO-1: If paleontological or other geologically sensitive resources are identified during any phase of development including roadway development and future developments on the Project site, the applicant shall cease operation at the site of the discovery and immediately notify the City. The future Project proponent shall retain a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less-than-significant level.

In considering any suggested mitigation proposed by the qualified paleontologist, the City shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the find, project design, costs, land use assumptions, and other considerations. If avoidance is
unnecessary or infeasible, other appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other parts of the development site while mitigation for
paleontological resources is carried out.

Activity:

If, during the course of
project implementation,
paleontological or other
geologically sensitive
resources are
discovered.

Timing:

During construction.

Frequency:

As required.

Contractor
Initials
Date
City of Live Oak and
project construction
lead
Initials
Date
Coordination with
qualified
paleontologist
NOI-1: The following measures shall be applied to the Project during construction:

1. All construction equipment, fixed or mobile, will be equipped with properly operating and maintained
mufflers, consistent with manufacturer standards.

Activity:

Noise reduction
Timing:

During construction.

Contractor
Initials
City of Live Oak and
project construction
lead
72 January 2023 1-10 Mitigation Monitoring and Reporting Program Mitigation Measure
Monitoring
Activity/Timing/
Frequency/ Schedule
Implementation
Responsibility/
Verification
Responsibility for
Oversight of
Compliance/ Verification
Outside Agency
Coordination Comments

2. All stationary construction equipment will be placed so that emitted noise is directed away from the noise
sensitive receptors nearest the Project Site (the
residences to the north and west of the site).

3. As applicable, shut off all equipment when not in use.

4. Equipment staging shall be located in areas that create the greatest distance between construction-related
noise/vibration sources and sensitive receptors to the
north and west of the site.

5. Jackhammers, pneumatic equipment, and all other
portable stationary noise sources will be directed away from the residences to the north and west of the site to the extent possible. Either one-inch plywood or sound
blankets can be utilized for this purpose. They should
reach up from the ground and block the line of sight
between equipment and the nearest off-site residences.

The shielding should be without holes and cracks.

6. No amplified music and/or voice will be allowed on the construction site.

Frequency:

As required.

Date
Initials
Date
To be signed when all mitigation measures have been completed:

City of Live Oak
Signature
Title
Printed Name
Date
73