CITY OF CORNING CITY COUNCIL AGENDA TUESDAY, SEPTEMBER 8,2015 CITY COUNCIL CHAMBERS 794 THIRD STREET A. CALL TO ORDER: 6:30 p.m. B. ROLL CALL: Council: Darlene Dickison Dave Linnet Tony Cardenas Wille Smith Gary Strack Mayor: c. PLEDGE OF ALLEGIANCE: Led by the City Manager. D. INVOCATION: Led by Councilman Tony Cardenas. Persons of no religious persuasion wil not be expected in any manner to stand or to participate other than to remain quiet out of respect for those who do choose to participate. . E. PROCLAMATIONS. RECOGNITIONS. APPOINTMENTS. PRESENTATIONS: 1. Proclamation - September 2015 as National Alcohol & Drug Addiction Recovery Month and September 19, 2015 as Recovery Happens Day in the City of Corning. Patrice Tamp, Tehama County Health Services Agency Drug and Alcohol Supervisor wil be present to accept the Proclamation. 2. Presentation of the Tehama County Regional Transportation Plan (RTP) by Tehama County Senior Transportation Planner Adam Hansen. F. BUSINESS FROM THE FLOOR: G. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be acted on simultaneously unless a Councilmember or members of the audience request separate discussion and/or action. 3. Waive reading, except by title, of any Ordinance under consideration at this meeting for either introduction or passage, per Government Code Section 36934. 4. September 2,2015 Claim Warrant - $507,334.20. 5. September 2, 2015, 2015 Business License Report. 6. August 2015 Wages and Salaries: $348,796.10. 7. August 2015 Building Permit Valuation Report: $198,019.25. 8. August 2015 Treasurer's Report. 9. August 2015 City of Corning Wastewater Operations Summary Report. 10. Approve recommendation of James Dodge for appointment to the City's Recreation Commission. H. ITEMS REMOVED FROM THE CONSENT AGENDA: I. PUBLIC HEARINGS AND MEETINGS: THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
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Month and September 19, 2015 as Recovery Happens Day in ...2. Presentation of the Tehama County Regional Transportation Plan (RTP) by Tehama County Senior Transportation Planner Adam
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CITY OF CORNINGCITY COUNCIL AGENDA
TUESDAY, SEPTEMBER 8,2015CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER: 6:30 p.m.
B. ROLL CALL: Council: Darlene Dickison
Dave LinnetTony CardenasWille SmithGary StrackMayor:
c. PLEDGE OF ALLEGIANCE: Led by the City Manager.
D. INVOCATION: Led by Councilman Tony Cardenas.Persons of no religious persuasion wil not be expected in any manner to stand or to participateother than to remain quiet out of respect for those who do choose to participate. .
E. PROCLAMATIONS. RECOGNITIONS. APPOINTMENTS. PRESENTATIONS:
1. Proclamation - September 2015 as National Alcohol & Drug Addiction Recovery
Month and September 19, 2015 as Recovery Happens Day in the City ofCorning. Patrice Tamp, Tehama County Health Services Agency Drug and Alcohol
Supervisor wil be present to accept the Proclamation.
2. Presentation of the Tehama County Regional Transportation Plan (RTP) byTehama County Senior Transportation Planner Adam Hansen.
F. BUSINESS FROM THE FLOOR:
G. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be acted onsimultaneously unless a Councilmember or members of the audience request separate discussionand/or action.
3. Waive reading, except by title, of any Ordinance under consideration at thismeeting for either introduction or passage, per Government Code Section 36934.
4. September 2,2015 Claim Warrant - $507,334.20.
5. September 2, 2015, 2015 Business License Report.
6. August 2015 Wages and Salaries: $348,796.10.
7. August 2015 Building Permit Valuation Report: $198,019.25.
8. August 2015 Treasurer's Report.
9. August 2015 City of Corning Wastewater Operations Summary Report.
10. Approve recommendation of James Dodge for appointment to the City'sRecreation Commission.
H. ITEMS REMOVED FROM THE CONSENT AGENDA:
I. PUBLIC HEARINGS AND MEETINGS:
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
11. Adopt Resolution 09-08-2015-01, a Resolution certifying the Environmental
Impact Report (SCH #2015052037) prepared for the 2014-2034 General PlanUpdate in accordance with the California Environmental Quality Act (CEQA) andthe State CEQA Guidelines.
12. Adopt Resolution 09-08-2015-02, a Resolution adopting General Plan Amendment2015-01 for the 2014-2034 City of Corning General Plan.
J. REGULAR AGENDA:
13. Request Council approve the following for the CDBG 2015 Street Paving Project:a. Approve Contract Change Order #3 increasing the project costs by
$10,782.18 for a total contract cost of $458,492.45;b. Approve Partial Payment Estimate #3 in the amount of $13,266.18;c. Accept the Notice of Completion; andd. Authorize release of retention funds following the required 35-day waiting
period to Stimpel-Wiebelhaus.14. Ratify appointment of Lori Sims as Deputy City Treasurer.
K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR:
L. COMMUNICATIONS. CORRESPONDENCE AND INFORMATION:
M. REPORTS FROM MAYOR AND COUNCIL MEMBERS: City Councilmembers wil reporton attendance at conferences/meetings reimbursed at City expense (Requirement of
Assembly Bil 1234).
Dickison:Linnet:Cardenas:Smith:Strack:
N. ADJOURNMENT!:
POSTED: FRIDAY, SEPTEMBER 4, 2015
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYERi
I.
Item No.: E-1
PROCLAMATION
SEPTEMBER 2015AS
NATIONAL ALCOHOL & DRUG ADDICTION RECOVERY MONTHAND
SEPTEMBER 19, 2015AS
"RECOVERY HAPPENS DAY"
WHEREAS, substance use disorders affect all communities nationwide, but byseeking help, and with commitment and support, people with these disorders canachieve healthy lifestyles and lead rewarding lives in recovery.
WHEREAS, this year's theme: uJoin the Voices for Recovery: Visible, Vocal,Valuable" focuses on the journey. National Recovery Month emphasizes the benefitsof preventing and/or overcoming substance use disorders while recognizing thesignificant value of this effort to the individuals, their familes and our communities.
WHEREAS, uRecovery Month" spreads the message that overcomingsubstance abuse disorders is an essential part of health and one's overall wellness.That prevention works, treatment is effective, and people recover.
WHEREAS, the U.S. Department of Health and Human Services, the SubstanceAbuse and Mental Health Services Administration, the White House Office of NationalDrug Control Policy, the Tehama County Drug and Alcohol Advisory Board, and theTehama County Health Services Agency are asking the citizens of Corning to join incelebrating this September as National Alcohol and Drug Addiction Recovery Month,and recognize:
1. The achievements of those with long-term recovery; and2. Share with others how recovery can positively benefit lives.
NOW, THEREFORE I, Gary R. Strack, as Mayor of the City of Corning, DOHEREBY PROCLAIM SEPTEMBER 2015 AS NATIONAL ALCOHOL AND DRUGADDICTION RECOVERY MONTH, AND SEPTEMBER 19th AS CORNING'S"RECOVERY HAPPENS DAY". i encourage community participation in the variousprograms, activities, and events that support this year's theme, uJoin the Voices forRecovery: Visible, Vocal, Valuable".
IN WITNESS WHEREOF, i havehereunto set my hand and cause theGreat Seal of the City of Corning to beaffixed this 8th day of September 2015.
Gary R. Strack, Mayor
ATTEST:
Lisa M. Linnet, City Clerk
ITEM NO.: E- 2PRESENTATION OF THE TEHAMACOUNTY DRAFT 2015 REGIONALTRANSPORTATION PLAN (RTP) BYTEHAMA COUNTY PUBLIC WORKSSENIOR TRANSPORTATION PLANNERADAM HANSEN
TO:
FROM:
HONORABLE MAYOR AND COUNCILMEMBERSOF THE CITY OF CORNING
JOHN L. BREWER, AICP; CITY MANAGER dDDAWN GRINE, DIRECTOR OF PUBLIC WORKS ~
Senior Transportation Planner Adam Hansen wil present a brief overview of the DraftRegional Transportation Plan (RTP) and invite the public to comment on the plan. The document issimilar to the City's Capital Improvement Plan in that it identifies both "Short Term" and "LongTerm" project goals. The Tehama County RTP includes funded and unfunded projects from entitieswithin the County, including the City of Corning.
The Draft RTP can be viewed at www.tehamacountvpublicworks.ca.gov/transportation
/rtp.html. A hard copy is available at the Public Works Department at Corning City Hall for publicviewing and comment.
No Council Action is Required.
Item No.: G-4
MEMORANDUM
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: LORI SIMSACCOUNTING TECHNICIAN
DATE: September 2, 2015
SUBJECT: Cash Disbursement Detail Report for theTuesday September 8, 2015 Council Meeting
PROPOSED CASH DISBURSEMENTS FOR YOUR APPROVAL CONSIST OF THEFOLLOWING:
A. Cash Disbursements Ending 08-27-15 $ 337,360.65
B. Payroll Disbursements Ending 08-26 -15 $ 40,575.09
C. Cash Disbursements Ending 08-31-15 $ - 810.31
D. Cash Disbursements Ending 09-02-15 $ 95,435.98
E. Payroll Disbursement Ending 09-01-15 $ 34,772.79
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Date..: Sep 2, 2015
Time. .: 12: 53 pm
Run by: PAL CANTRELL
CITY OF CORNING
NEW BUSINESSES FOR CITY COUNCIL
Page.: 1
List.: NEWB
Group: WTFMB
Business Name
Add
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CIT
Y /S
TA
TE
/ZIP
Contact Name
Business Desc. #1
Business Start Date Primary Te1eph
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-ANYTHING COWBOY
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6021
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08/2
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EDITH AVE
CO
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09/0
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9/1/2015
7:23:55AM
Owner and Address
CITY OF CORNING
PERMS ISSUED (sort by Permit #)
For the Period 8/1/2015 thru 8/31/2015
Item No.: G-7Ya~e 1
Parcel Number Issued On Valuation
7 I 13407 8/26/20 I 5 20,000.00AMERICAN WEST BANK1201 SOLAO STCORNING CA 96021Permit Description:REFACE SIGNS
Site Street Address:1201 SOLAO ST
CRAG BROTHERS2 I 76 SOLANO ST
CORNING CA 96021Permit Description:C/O SIGNS & ADD DIGITAL LED SIGN
7133007 8/26/20 I 5 30,000.00
Site Street Address:2 I 76 SOLAO ST
JORGE CALDERA17 I 0 MANZANILLO LN
CORNING CA 9602 IPermit Description:INSTALL ROOF MOUNT SOLAR
7 I 25040 8/4/2015 19,536.00
Site Street Address:1710 MANZANILLO LN
ASHLEY LIMON322 LA MESA CTCORNING CA 9602 IPermit Description:C/O WATER HEATER
7135007 8/5/20 I 5 1,500.00
Site Street Addr.ess:322 LA MESA CT
BREIT CLELAND1302 BUlTE STCORNING CA 96021Permit Description:TEAR OFF & REROOF
7II 1108 8/5/20 I 5 12,000.00
Site Street Address:1302 BUIE ST
8/720 15 1,500.00RANDALFALK 7310404609 W ALNUTSTCORNING CA 96021 Site Street Address:Permit Description: 609 WALNU STUPGRADE ELECT. SERVICE & SUB PANEL
8/12/20 I 5 1,000.00TERESS MANNING 7305202454 DEL NORTECORNING CA 9602 I Site Street Address:Permit Description: 454 DEL NORTE
ADD FRONT FENCE & EXTEND N SIDE FENCE
9/1/2015
7:23:55AM
Owner and Address
CIT OF CORNING
PERMTS ISSUED (sort by Permit #)
For the Period 8/1/2015 thru 8/31/2015
PaRe 2
Parcel Number Issued On Valuation
7102033 8/18/20 I 5 26,775.00JOSE DUARTE1795 BLUE HERON CTCORNING CA 96021Permit Description:INSTALL ROOF MOUNT SOLA
Site Street Address:1795 BLUE HERON CT
ANTON MANSOUR1515 HWY 99W ##CORNING CA 96021Permit Description:REPAIR FIRE DAMAGE
7125018 8/14/2015 5,000.00
Site Street Address:1515 HWY 99W ##
CITY OF CORNING794 THIRD ST #FINANCECORNING CA 96021Permit Description:C/O HV AC (f FINANCE
7113503 8/14/20 I 5 7,615.00
Site Street Address:794 THIRD ST #FINANCE
DAN GRISWOLD822 HOUGHTON AVECORNING CA 96021Permit Description:INSTALL 6' BACK YARD FENCE
7115504 8/17/2015 500.00
Site Street Address:822 HOUGHTON AVE
BRIAN OLSEN1554 MEADOBROOK LNCORNING CA 9602 iPermit Description:REPLACE WATER & SEWER LINES
7131019 8/24/2015 4,000.00
Site Street Address:1554 MEADOBROOK LN
JUANA DlA1791 ASCOLANO CTCORNING CA 96021Permit Description:ADD ROOF MOUNT SOLAR
7125053 8/26/20 I 5 13,857.00
Site Street Address:1791 ASCOLANO CT
8/25/2015 5,000.00KAREN ANDERSON 7304616828 & 838 YOLO STCORNING CA 96021 Site Street Address:Permit Description: 828 & 838 YOLO STREMOVE STUCCO & ADD SIDING TO FRONT
UNION PACIFIC RAILROAD10 ii MAR STCORNING CA 9602 IPermit Description:DEMO BURNT RESIDENCE
7117601 8/25/20 I 5 16,000.00
Site Street Address:io II MARIN ST
9/120157:23:55AM
Owner and Address
CITY OF CORNING
PERMS ISSUED (sort by Permit #)
For the Period 8/1/2015 thru 8/31/2015
Pa~e 3
Parcel Number Issued On Valuation
8/26/2015DEBBff CASTLE553 ELPASOCORNING CA 9602 IPermit Description:TEAR OFF & REROOF
7305406 11,150.00
Site Street Address:553 ELPASO
8/2/20 I 5 3,086.25ARANDO PAREZ 73112071165 PEAR STCORNING CA 9602 I Site Street Address:Permit Description: 1165 PEAR STREMOVE 2 SHEDS & ADD SHOP (DET A TCHED;
TOWER ENERGY GROUP809 SOLANO STCORNING CA 96021Permit Description:C/O BY AC
7306603 8/2712015 9,400.00
Site Street Address:809 SOLANO ST
EDUARDO ALVARADO343 RIO VISTA CTCORNING CA 9602 IPermit Description:C/O HV AC
7135044 8/31120 I 5 6,600.00
Site Street Address:343 RIO VISTA CT
PENTECOSTAL CHURCH OF GOD609 MARIN STCORNING CA 9602 IPermit Description:ADD 3rd LAYER REROOF
7307406 8/3112015 3,500.00
Site Street Address:609 MARI ST
20 Permits Issued from 8/31/2015
*** END OF REPORT ***
8/1/2015 'ORA TOTAL VALUATION OF $ 198,019.25Thru
CITY OF CORNING
August 2015
TREASURERS REPORT
AGENCY BALANCE
LOCAL AGENCYINVESTMENT FUND
1,785,370.45
Respectfully Submitted
Pala Cantrell
City Treasurer
Item No.: G-8
RATE
.28
RECEIVEDSEP 0 2 2015
CORNING CITY CLERK
CITY OF CORNINGWASTEWATER OPERATION SUMMARY REPORT
AUGUST 2015
Below is a sumar of the Monthly Operations Report that willbe available for City review on September 2015
1) Completed monthly reports.
2) Pedormed weekly Operator 10 maintenance on all plant equipment.
3) Changed flow disk.
4) Calibrated S03 analyzer
6) Staff meeting to discuss plant operations and issues.
7) Changed chart on S03 analyzer.
8) Safety meeting.
9) Changed oil in aerator gear boxes
10) Inspected eyewash and emergency showers.
11) Regional Board here for plant inspection
12) Cleaned S02 pump.
13) Checked storm water discharge sites at WWTP and airport.
14) Poured 100 feet of sidewalk and pad for storage shed
15) Tested all chlorine and S02 leak sensors.
16) Exercised lift station stand -by pump
17) Sent dr sludge results to Recology for approvaL.
18) Exercised emergency generator.
Item No.: G-9
SEVERNTRENT
SERVICES
Severn Trent Services25010 Gardiner Ferry RdP.O. Box 230Corning, CA 96021United States
T: +1 5308245863F: +1 5308245769
ww.severntrentservices.com
19) Performed monthly Plant inspection
20) Checked all fire extinguishers.
21) Submitted monthly ESMR and DMR
22) Completed SSO no spil report.
23) Completed fire extinguisher training
24) Ordered new pars for S03 analyzer
25) Mowed lawns
26) Cleaned lift station probe
27) Cumins West here to perform anual maintenance on emergency generator
28) Called Northstate Electric to replace seals on # 2 aerator gear box
29) Del Johnson Heat and Air installed new AC unt
30) Increased aerator ru time and chemical feed due to Valley Prue flows.
August 2015Domestic Flow Monthly Average = 640,903 GPD
ITEM NO.: G-10APPROVE RECOMMENDATIONOF JAMES DODGE FORAPPOINTMENT TO THE CITYRECREATION COMMISSION
September 8,2015
TO: HONORABLE COUNCILMEMBERS
FROM: GARY R. STRACK, MAYOR
SUMMARY:
Following an interview with the applicant i recommend James Dodge toserve as a Commissioner on the City's Recreation Commission.
BACKGROUND:
The City published a press release in the Corning Observer on July 2,2015 seeking applicants to fil the two vacant Recreation and one vacantPlanning Commission seats. In response to this advertisement the City receivedone application from James Dodge for one of the vacant Recreation Commissionpositions.
Mr. Dodge is a retired City Police Officer and is an active mentor for localyouth sports programs.
RECOMMENDATION:
MAYOR AND CITY COUNCIL APPOINT JAMES DODGE TO THERECREATION COMMISSION EFFECTIVE IMMEDIATELY TO FILL VACANTTERM WHICH IS TO EXPIRE ON JUNE 30,2019.
Date: 6ß ~ Z / ~ /5:
SUBMIT TO CORNING CITY CLERK, 794 THIRD STREET, CORNING, CA
RECEIVEDCITY OF CORNING
APPLICATION FOR COUNCIL APPOINTMENT AUG 2 1 2015CORNING CITY CLERK
Are you familar with the time / travel commitments ass..os:iated with serving on this Commission?Yes X NoCan you meet those commitments? Yes X NoPlease comment on your reasons for seeking this appointment. (Attached additional pages ifneeded.)
;- ~~ ~STATE LAW REQUIRES THAT APPOINTMENTS TO BOARDS AND COMMISSIONS BE CONSIDERED BY THECITY COUNCIL IN OPEN SESSION AND YOU MAY BE ASKED TO BE PRESENT FOR AN INTERVIEW.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
itEM NO.: 1-11
RESOLUTION NO. 09-08-2015-01; ARESOLUTION CERTIFYING THEENVIRONMENTAL IMPACT REPORT(SCH#2015052037) PREPARED FORTHE 2014-2034 GENERAL PLANUPDATE IN ACCORDANCE WITH THECALIFORNIA ENVIRONMENTALQUALITY ACT (CEQA) AND THESTATE CEQA GUIDELINES.
SEPTEMBER 8, 2015
TO: HONORABLE MAYOR AND CITY OF CORNING COUNCIL MEMBERS
FROM: JOHN L. BREWER, AICP; CITY MANAGER dbJOHN STOUFER, PLANNING CONSULTANT .J
BACKGROUND:In 2012 the City of Corning was awarded a $100,000 grant from the PlanningITechnical
Assistance Allocation of the State Community Development Block Grant Program (CDBG GrantNo. 12-CDBG-8379). The PITA funds were awarded to assist the City with the preparation ofthe 2014-2034 General Plan Update and associated environmental documents pursuant to theCalifornia Environmental Quality Act (CEQA).
On October 23, 2012, for efficiency and cost containment purposes, the City Councilappointed the Planning Commission to serve as the 2014-2034 General Plan Update TaskForce to work with staff and environmental and planning consultant Eihnard Diaz in preparingthe 2014-2034 General Plan Update. At this meeting the Council was informed that the projectwould require the preparation of an Environmental Impact Report (EIR) to comply with CEQA.
After an Administrative Draft of the 2014-2034 General Plan was prepared and underreview, Mr. Diaz started working on preparation of a Draft Environmental Impact Report (DEIR).
On May 12, 2015, a Notice of Preparation (NaP) pursuant to CEQA was sent to the StateClearinghouse and distributed to appropriate agencies for the purpose of obtaining writtencomments from these agencies regarding the scope and content of environmental informationand analysis which the agencies wanted addressed in the DEI R.
On May 19, 2015 the Planning Commission held a public scoping session to receiveand provide comments regarding the scope and content of the environmental information to beaddressed in the DEIR.
On June 10, 2015 the Nap comment period ended. Two comment letters werereceived, in addition to a response letter from the State Clearinghouse referring the Nap toresponsible agencies. The comments received are contained in the Final EIR (collectively, theDEIR and Final EIR are referred to as lithe EIR"), made available on August 27,2015.
The June 23, 2015 DEIR prepared for the 2014 - 2034 General Plan Update, inaccordance with CEQA, was circulated for a 45 day public review and comment period fromJune 24, 2015 to August 7, 2015.
Also on June 23, 2015, a notice of availability of the DEIR was provided to appropriateagencies and the general public via a Notice of Completion sent to the State Clearinghouse,
and copies of the DEIR were available for review at the City of Corning Planning Departmentand Public Library.
Three letters with written comments were received on the DEIR prior to the close of the45-day review period, in addition to a response letter from the State Clearinghouse
acknowledging that the City complied with the State Clearinghouse review requirements. Thecomments received and the City's responses to such comments, as well as revisions to theDEIR, are contained in the Final EIR, made available on August 27,2015.
The Planning Commission held a duly noticed public hearing on August 18, 2015, toreceive testimony and to consider recommendations to the City Council regarding the DEJR forthe 2014 - 2034 General Plan Update and the 2014 - 2034 General Plan Update. ThePlanning Commission voted 3:0:2 to recommend that the City Council adopt and certify theDEIR with the response to comments included in the EIR in compliance with CEQA and itsGuidelines.
SUMMARY:
CEQA Guidelines Sections 15080 to 15090 provides regulations for the EIR process.The Corning Municipal Code, Title 18, Environment, also provides guidelines for thepreparation, review and approval of environmental documents. Prior to considering adoptingGeneral Plan Amendment 2015-01, the 2014-2034 General Plan Update, pursuant to Section15090 of the CEQA Guidelines, the City Council must certify that:
(1) The Final EIR has been completed in compliance with the CEQA;
(2) The Final EIR was presented to the decision-making body of the lead agency (CityCouncil), and that the decision-making body reviewed and considered theinformation contained in the Final EIR prior to approving the project (General PlanAmendment 2015-01); and
(3) The Final EIR reflects the lead agency's independent judgement.
Also as detailed and discussed in Exhibit "A", attached to Resolution 09-08-2015-01,
CEQA Guidelines Section 15091and 15093, in addition to Section 21081 of the PublicResources Code, requires the City to make written findings concerning each alternative andeach significant environmental impact identified in the DEJR and FEIR. Exhibit "A" provides adiscussion on alternatives to the project and provides the written findings required by Section15091 of the CEQA Guidelines.
California Public Resources Code Section 21081.6 requires public agencies to adoptmitigation monitoring or reporting programs when certifying an EIR. This requirement faciltatesimplementation of all mitigation measures adopted through CEQA. The Mitigation MonitoringProgram is attached to Resolution 09-08-2015-01 as Exhibit "8".
RECOMMENDATION:
MOVE TO ADOPT RESOLUTION 09-08-2015-01 WITH ATTACHED EXHIBITS "A"AND "B" CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT PREPARED FORGENERAL PLAN AMENDMENT 2015-01, THE 2014-2034 CITY OF CORNING GENERALPLAN, IS IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ITSGUIDELINES AND THE CITY'S LOCAL ENVIRONMENTAL GUIDELINES.
ATTACHMENTS:
Resolution 09-08-2015-01 with Attachments "A", the CEQA Findings of Fact andAttachment "8", the CEQA Mitigation Monitoring Program
RESOLUTION NO.: 09-08-2015-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORNINGCERTIFYING THE ENVIRONMENTAL IMPACT REPORT
(SCH#2015052037) PREPARED FOR THE 2014 - 2034 GENERAL PLANUPDATE IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) AND THE STATE CEQA GUIDELINES
WHEREAS, pursuant to the requirements of California Government CodeSections 65300 et seq., the City of Corning has prepared and proposes to adopt acomprehensive update of its 1994 General Plan; and
WHEREAS, on May 12, 2015, a Notice of Preparation (NOP) pursuant to theCalifornia Environmental Quality Act (CEQA) was sent to the State Clearinghouse anddistributed to appropriate agencies for the purpose of obtaining written comments fromthese agencies regarding the scope and content of environmental information andanalysis which the agencies wanted addressed in the Draft Environmental Impact
Report (DEIR); and
WHEREAS, on May 19, 2015 the Planning Commission held a public scopingsession to receive and provide comments regarding the scope and content of theenvironmental information to be addressed in the DEIR; and
WHEREAS, on June 10, 2015 the NOP comment period ended. Two commentletters were received, in addition to a response letter from the State Clearinghousereferring the NOP to responsible agencies. The comments received are contained inthe Final EIR (collectively, the DEIR and Final EIR are referred to as lithe EIR"), madeavailable on August 27,2015; and
WHEREAS, The June 23, 2015 DEIR prepared for the 2014 - 2034 General PlanUpdate, in accordance with CEQA, was circulated for public review and comment fromJune_24, 2015 to August 7,2015; and
WHEREAS, on June 23, 2015, notice of availabilty of the DEIR was provided toappropriate agencies and the general public via a Notice of Completion sent to theState Clearinghouse, and copies of the DEIR were available for review at the City ofCorning Planning Department and Public Library; and
WHEREAS, three letters with written comments were received on the DEIR priorto the close of the 45-day review period, in addition to a response letter from the StateClearinghouse acknowledging that the City complied with the State Clearinghousereview requirements. The comments received and the City's responses to suchcomments, as well as revisions to the DEIR, are contained in the Final EIR, madeavailable on August 27,2015; and
WHEREAS, the Planning Commission held a duly noticed public hearing onAugust 18, 2015, to receive testimony and to consider recommendations to the CityCouncil regarding the DEIR for the 2014 - 2034 General Plan Update and the 2014-2034 General Plan Update; and
WHEREAS, on August 18, 2015, the Planning Commission voted to recommendthat the City Council certify and adopt the EIR for the 2014 - 2034 General PlanUpdate as being complete and adequate and to adopt the 2014 - 2034 General PlanUpdate; and
WHEREAS, on September 8, 2015, the City Council held a duly noticed publichearing and considered the reports and documents presented by City staff, thePlanning Commission's recommendations, and the written and oral commentspresented at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CORNINGHEREBY RESOLVES AS FOLLOWS:
SECTION 1. The above recitals are true and correct and reflect the independentjudgment of the City CounciL.
SECTION 2. Notice of the public hearings on the 2014 - 2034 General Plan Update,the Draft EIR and Final EIR was given as required by law and the actions were
conducted pursuant to the Planning and Zoning Law, CEQA, the State CEQAGuidelines and the City's local guidelines.
SECTION 3. All individuals, groups and agencies desiring to comment were givenadequate opportunity to submit oral and written comments on the 2014 - 2034 GeneralPlan Update, the Draft EIR and the Final EIR. These opportunities for comment meetor exceed the requirements of the Planning and Zoning Law, CEQA and the City's localguidelines.
SECTION 4. All comments submitted during the public review and comment period onthe Draft EIR, including comments received at the public hearings on the adequacy ofthe Draft EIR were responded to adequately.
SECTION 5. The City Council has been presented with all of the information describedin the recitals and has considered this information prior to adopting this Resolution.
SECTION 6. The EIR has been prepared in compliance with CEQA, the State CEQAGuidelines and the City's local guidelines, and reflects the City's independent judgmentand analysis.
SECTION 7. The EI R adequately identifies and addresses all of the identifiedenvironmental impacts and all feasible mitigation measures have been incorporatedinto the 2014 - 2034 General Plan Update in the form of Goals, Objectives, Policiesand Implementation Measures to reduce the anticipated environmental impacts.
SECTION 8. No changes to the 2014 - 2034 General Plan Update or to the Draft EIRthat were circulated for public review have been made that necessitate or involvesignificant new information as outlined in CEQA Guidelines Section 15088.5.
SECTION 9. Pursuant to CEQA Guidelines Section 15025 (c), the City of CorningPlanning Commission has reviewed and considered the information in the EIR prior tomaking its recommendations to the City CounciL.
i
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SECTION 10. The EIR was presented to the City Council, and the Council hasreviewed and considered the information contained in the EIR prior to approving the2014 - 2034 General Plan Update.
SECTION 11. The City Council adopts the CEQA Findings of Fact attached as Exhibit"A" to this resolution, as required by Public Resources Code Section 21081; and
SECTION 12. The City Council adopts the Mitigation Monitoring and ReportingProgram attached as Exhibit "B" to this resolution, as required by Public ResourcesCode Section 21081.6.
SECTION 11. The City Council finds that the EIR prepared for the 2014 - 2034General Plan Update reflects the independent judgment of the City Council and its staff,and certifies the EIR as adequate, complete and in compliance with CEQA, the StateCEQA Guidelines and the City's local guidelines. The City Council finds that the EIR isadequate and complete for consideration in making a decision on the merits of the2014 -2034 General Plan Update.
The foregoing Resolution was adopted by the City Council of the City ofCorning on this 8th day of September, 2015, by the following vote:
AYES:
NAYS:
ABSTAINING:
ABSENT:
Gary R. Strack, Mayor
ATTEST:
Lisa M. Linnet, City Clerk
I, Lisa M. Linnet, City Clerk of the City of Corning, California, DO HEREBY CERTIFY thatthe foregoing Resolution (Resolution 09-08-2015-01) was duly introduced, approved andadopted by the City Council of the City of Corning at a regular meeting of said Councilheld on the 8th day of September, 2015 by the votes listed above.
Lisa M. Linnet, City Clerk
EXHBIT "A"
CEQA FINDINGS OF FACTOF THE CITY OF CORNING CITY COUNCIL
FOR THE 2014 - 2034 GENERAL PLAN UPDATE
INODUCTION
Puuat to Sections 15091 and 15093 of the Caiforna Environmnta Quity Act (æQA) Guidelines andSetion 21081 of the Public Resource Code, the City of Corng prior to approval of the 2014 - 2034 GeneraPlan Updte is reui to mae wrttn fidigs concerng each alterntive and each signcat environmnta
imact identied in the DEI and FE. Speifcaly, regardig fmdigs, Guidelines Section 15091 provides:
(a) No public agency shall approve or car out a project for which an EIR has been completedwhich identifies one or more significant environmental effects of the project unless the publicagency makes one or more written findings for each of those significant effects, accompanied bya brief explanation of the rationale for each finding. The possible findings are:
1. Changes or alterations have been required in, or incorporated into, the project whichmitigate or avoid the significant environmental effects on the environment.
2. Those changes or alterations are within the responsibilty and jurisdiction of anotherpublic agency and have been, or can or should be, adopted by that other agency.
3. Specific economic, legal, social, technological, or other considerations, includingconsiderations for the provision of employment opportunities for highly trained workers,make infeasible the mitigation measures or alternatives identified in the EIR.
(b) The findings required by subsection (a) shall be supported by substantial evidence in the record.
(c) The finding in subsection (a)(2) shall not be made if the agency making the finding hasconcurent jursdiction with another agency to deal with identified feasible mitigation measures oralternatives.
(d) When makng the findings required in subsection (a)(1), the agency shall also adopt a program forreporting on or monitoring the changes which it has either required in the project or made acondition of approval to avoid or substantially lessen significant environmental effects. Thesemeasures must be fully enforceable though permt conditions, agreements, or other measures.
(e) The public agency shall specif the location and custodian of the documents or other materialswhich constitute the record of the proceedings upon which its decision is based.
Each of these findings, where applicable, must be supported by substantial evidence in the administrativerecord. Evidence from the DEIR, FEIR, Mitigation Monitoring Program (M), and City's 2014 - 2034Genera Plan Updte is used to meet this criteria.
The "changes or alterations" referred to in Section 15091(a)(1) that are required in, or incorporated into,the 2014 - 2034 General Plan Update, which mitigate or avoid the significant environmental effects of theproject, may include a wide varety of measures or actions as set forth in Guidelines Section 15370,including:
( a) Avoiding the impact altogether by not tang a certain action or pars of an action.
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(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
(c) Rectifying the impact by repairing, rehabiltating, or restoring the impacted environment.
(d) Reducing or eliminating the impact over time by preservation and maintenance operations durngthe life of the action.
(e) Compensating for the impact by replacing or providing substitute resources or environments.
Having received, reviewed and considered the FEIR for the 2014 - 2034 General Plan Update(SCH#2015052037), as well as all other information in the record of proceedings on this matter, thefollowing Findings are adopted by the City of Coming in its capacity as the CEQA Lead Agency. TheseFindings set fort the environmental basis for curent and subsequent discretionar actions to be
undertaken by the City and responsible agencies for the implementation of the 2014 - 2034 Genera PlanUpdte. It should be noted that there are no specific economic, legal, social, technological, or otherconsiderations, including considerations for the provision of employment opportunities for highly trainedworkers, that would make infeasible the mitigation measures or alternatives identified in the EIR.
ENVRONMNTAL REVIW PROCESS
In conformance with CEQA and the State CEQA Guidelines, the City of Coming conducted an extensiveenvironmental review of the 2014 - 2034 Genera Plan Updte. The environmental review process includedthe following: .
. An Intial Study by the City of Comig was not prepared since the decision to prepa an EIR was
determed when the City Council authorized the prepartion of the 2014 - 2034 Genera Plan Updte in2012.
. On October 23, 2012, for effciency and cost contaent purses, the City Council appointed the
Plang Commssion to serve as the 2014 -2034 Genera Plan Updte Task Force (fask Force), toovers the updte of the 2014 -2034 Genera Plan Updte.
. The Notice of Prepation (NOP) was releaed for a 30-day public review period on May 12, 2015
which ended on June 10, 2015. Section 1.3 of the EIR describe the Methodology and Scope of the EIR.The Notice of Prpartion and public scoping procss is also discussed.
. Completion of a scoping pros in which the public and public agencies were invite by the City ofComig to paricipate. The scoping meting for the EI was held on May 19,2015.
. Prpartion of a DEI by the City of Comig, which was made available for a 45-dy public review
period frm June 24, 2015 thugh Augut 7, 2015. Prvided with the DEI was the June 23, 2015 Dr201 4 - 2034 Genera Plan Updte. Notice of the avaiability of the DEI was sent to interete persons,agencies and organtions: it was also published in Comig Observer, the loc newspaper with generacirulation, and was poste at City HaL.
. On Augut 18, 2015, the Plang Commssion held a duly notice public heag to consider the Dr2014 - 2034 Genera Plan Updte and Dr EI and, made reommndations to the City Council tocert the EI as complete and adeqte and to adopt the 2014 - 2034 Genera Plan Updte with
revisions.
. Prpation of a Fin EI (F) da Augut 27, 2015. The Final EIR conta th following:
commnts on th DEI, repons to those commnts and the Mitigaton Monitorig Progr. The DEI
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was revis to inorprate the repons to commnts. The Fin EIR Respons to Commnts was
formrly relea for a 10 day public review peod on Augut 27, 2015. The th agencies tht provided
wrttn commnts were prvided the Respons to Commnts via e-ma on Augut 14, 2015.
. Beging in 2013 thugh 2015, a tota of 18 Public Workshops and/or Public Heags were held by the
Genera Plan Upd Task Forclang Commssion.
. The City Council held one public heag on October 23,2012 intiatig the 2014 - 2034 Genera Plan
Updte procs and another on September 8, 2015 to cert and adopt the EIR as complete and adeuaand to adopt the 2014 - 2034 Genera Plan U¡xte.
PROJECT SUMMARY
California State law (Governent Code Section 653(0) requires the City of Coming to adopt a generalplan "for the physical development of the City, and any land outside its boundaries which. . . bearsrelation to its planning." The general plan serves as a "constitution" for development, the foundationupon which all land use decisions are to be based. It expresses community development goals and
embodies public policy relative to the distrbution of future public and private land use. In sumar, it is
a statement of the City's vision of its physical growth over the next 20 years.
The City of Coming 2014 - 2034 Genera Plan U¡xte serves to:
. Identify the City's long-range goals, objectives, policies & implementation measures for existing
and future development and conservation of natural resources;. Provide for "quality of life" improvements for City residents, employers and employees;
. Provide the Planing Commssion and City Council a foundation for judging whether specificprivate development proposals and public projects are consistent with the general plan;
. Provide citizens, developers, employers, public and private agencies, and decision-makers the
"ground rules" that guide existing and future development. Provide a basis for decision making, including a nexus to support development exactions as
required by Nollan v. California Coastal Commssion (1987) 107 S. Ct. 3141; and. Provide citizens with opportunities to paricipate in the planning and decision-making processes
of the City.
The General Plan is designed to be:
. Long range in nature since almost any development decision has effects lasting for more thanseveral years;
. Comprehensive, since the Plan must provide direction to coordinate all major components of theCity's physical development; and,
. General, because although it serves as a framework for detailed public and development
proposals, it establishes requirements for additional planning studies which must be completedprior to any future actions to modify land use allocations.
Since the 1994 General Plan was adopted, new issues were identified that needed to be addressed. Theseissues were presented, evaluated and considered for inclusion into the 2014 - 2034 General Plan Update.Issues identified included:
. Provide adequate suitable sites for new housing compatible with existing neighborhoods
reflecting a variety of housing types and densities
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. Provide adequate suitable sites for emergency and/or transitional housing
. Identify pedestran and bicycle access routes
. Address floodplain and flood hazard issues
. Address Climate Change
. Incorporate Energy Conservation Policies
. Incorporate Neighborhood Improvement Policies
. Identify and incorprate "sustainability" concepts
FININGS ON THE PROJECT ALTERNATIVES CONSIDERED IN THEDEIR/IR
Alternatives to the 2014 - 2034 General Plan Update are presented and evaluated in relation to thefindings set forth in Section 15091(a)(3) of the State CEQA Guidelines, which allows a public agency toapprove a project that would result in one or more significant environmental effects if the projectalternatives are found to be infeasible because of the specific economic, social, or other considerations.
The following discussion provides a sum of the alternatives considere and rejecte in the 2014 - 2034Genera Plan Updte EIR, includig the "No Prject" Alternative which is the 199 Genera Plan, the "LowerDensity Residential" Alterntive, and the "Higher Density Residential" Alternative.
NO PROJECT -1994 GENRA PLAN ALTERNATI
Under the No Project Alternative, the General Plan Update would not be adopted and the 1994 GeneralPlan would continue to guide development in the City. The key difference between the 1994 General
Plan and the 2014 - 2034 General Plan Update are:
. The Unclassified and Agriculture land use classifications would remain.
· The Large Lot Residential that basically replaces the Agricultural classification and is morereflective of the size and uses of the underlying parcels would not be advanced.
· The 2014 - 2034 General Plan Update provides consistency with the 2009 - 2014 HousingElement Update, whereas, the 1994 General Plan does not.
· The 1994 General Plan does not provide vacant Multi-Family Residential classified lands toprovide a higher density type of living environment and is also necessar to meet State ofCalifornia mandated Regional Housing Needs Allocation (RA) requirements.
· The amount of existing Industral designated lands far exceeds the need or demand for such lands.
· The 1994 General Plan does not provide Public Services, Air Quality, Climate Change, andEnergy Elements.
· The 1994 General Plan does not identify Objectives for each Element.
. The 2014 - 2034 General Plan Update clearly updates and identifies those streets within the Cityand Sphere of Inuence that trly fuction as Arerials, Minor Arerials and Collectors.
Overall environmental impacts associated with the 2014 - 2034 General Plan Update would not besignificantly reduced since the increases in Residential and Multi-Family classified lands are being offsetby a reduction of 93 acres of Industral classified lands. In addition, the existing approximate 118.6 acresof Unclassified lands are being classified for Large Lot Residential, Residential and Multi-Family
Residential land uses.
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The City Council finds that the "No-Project - 1994 General Plan" Alternative is less desirable than the2014 - 2034 General Plan Update and rejects this Alternative for the following reasons:
. This Alternative would not achieve many of the objectives established for the 2014 - 2034
General Plan Update. The 1994 General Plan does not identify Objectives for each General PlanElement.
. The Unclassified and Agriculture land use classifications would remain.
. The Large Lot Residential replacing the Agricultural land use classification would not beadvanced.
. The 1994 General Plan is inconsistent with the adopted 2009 - 2014 Housing Element Update.
. The 1994 General Plan does not provide vacant Multi-, Family Residential classified lands toprovide a higher density housing necessar to meet State of California mandated RHArequirements.
. The amount of existing Industrial designated lands far exceeds the need or demand for such lands.
· The 1994 General Plan does not provide Public Services, Air Quality, Climate Change, andEnergy Elements.
. The 2014 - 2034 General Plan Update updates and identifies streets in the City and Sphere ofInuence that function as Arerials, Minor Arerials and Collectors.
. Overall environmental impacts would not be significantly reduced.
WWE DENSIT REIDEN ALTERNATI
This Alternative places greater emphasis on the development of the reclassified vacant single family landsat a lower density than proposed in the 2014 - 2034 General Plan Update. The 2014 - 2034 General PlanUpdate utilzes a density factor of 4.5 DU's/Acre for the existing vacant Residential classified parcels andapproved tract maps, which total 1,075 DU's on 237 acres. A density of 6 DU's is used for the 69.5 acresreclassified to Residential and 19 DU's/Acre is used for the 42 acres of Multi-Family Residentialreclassified land. The density of Large Lot Residential lands remained at 2 acres per DU.
The Lower Density Residential Alternative reflects the use of a lower density factor for reclassified landsof 4 DU's/Acre for Residential land uses and 10 DU's/Acre for Multi-Family Residential land uses.
This Alternative would result in a total of 1,855 dwellng units of which 1,353 would be ResidentialDU's, 420 would be Residential Multi-Family DU's and 82 Large Lot Residential DU's. The GeneralPlan Update generates 2,375 DU's and this alternative is 520 less DU's.
This Alternative would generate a population of 5,398 persons, which is 1,513 less persons than the 2014- 2034 General Plan Update projected population of 6,911 persons.
The City Council finds that the Lower Density Residential Alternative is less desirable than the 2014 -2034 General Plan Update and rejects this Alternative for the following reasons:
. This Alternative would not achieve many of the objectives established for the 2014 - 2034
General Plan Update.
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. This Alternative would reduce the number of allowable housing units in the City, thereby
impeding the City's abilty to achieve its housing goals contained in the adopted Housing
Element.. Overall environmental impacts associated with this alternative compared to the Preferred
Alternative would not be significantly reduced since the land area proposed for development isgenerally the same.
. The land form would stil be altered since the same areas would stil be developed, just with lessdensity.
. Potential aesthetic, drainage, erosion, biological, water quality and biological impacts could stil
occur.
. Public service and facilties, traffic, noise, air quality, climate change and energy impacts wouldbe reduced, albeit not significantly over a 20 year time period.
IlGII DENSIT REIDEN ALTERNATI
This Alternative places greater emphasis on the development of reclassified vacant single family lands athigher densities than proposed in the General Plan Update. As previously noted, the General PlanUpdate utilzes a density factor of 4.5 DU' s/ Acre for the existing vacant Residential classified parcels andapproved tract maps, a total of 1,075 DU's on 237 acres. A density of 8 DU's is used for the 69.5 acresreclassified to Residential and 24 DU'S/Acre is used for the 42 acres of Multi-Family Residentialreclassified land. The density of Large Lot Residential lands remains at 2 acres per DU.
This Alternative results in a total of 2,721 dwellng units of which 1,631 would be Residential DU's,1,008 would be Residential Multi-Family DU's and 82 Large Lot Residential DU's. The General PlanUpdate identifies 2,375 DU's and this alternative would result in 346 more DU's.
This Alternative would generate a population of 7,918 persons, which is 1,007 more persons than theGeneral Plan Updateprojected population of 6,911 persons.
The City Council finds that the Higher Density Residential Alternative is less desirable than the proposedproject and rejects this Alternative for the following reasons:
. This Alternative would not achieve many of the objectives established for the 2014 - 2034
General Plan Update.
. Overall environmental impacts associated with this Alternative compared to the Preferred
Alternative would increase. Environmental impacts on the natural environment, due to the landform alteration would be similar to the other alternatives, in paricular with respect to aesthetics,drainage, erosion, biological, water quality and biological impacts. These impacts could bereadily mitigated, however, air quality, climate change and energy impacts could be significant,not because of the increase in housing, but due to the population increase.
. The population increase would result in an increased demand on public services and facilties, in
paricular water resources and wastewater treatment, impacts due to increased trafic and noiselevels and their attendant impacts.
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FINDINGS ON POTENTIALLY SIGNIICANT IM ACTS OF THE 2014 - 2014GENERAL PLAN UPDATE IDENTIFIED IN THE DEIRIEIR,
This section identifies the findings on impact categories analyzed in the DEIRIR including potentiallysignifcant impacts of the 2014 - 2034. The numbering of potential impact categories are consistent withthe numberig in the EIR.
NATUR REOURCES GROUP - CONSERVATION & OPEN SPACE
4.1 BIOLOGICAL REOURCES
Impacts: An impact would be considered significant if it would result in any of the following:
1. A substantial adverse effect, either directly or though habitat modifications, on any speciesidentified as a candidate, sensitive, or special status species in local or regional plans, policies, orregulations, or by the California Deparment of Fish and Wildlife or U.S. Fish and WildlifeService.
2. A substantial adverse effect on any riparian habitat or other sensitive natural community
identified in local or regional plans, policies, or regulations, or by the California Deparment ofFish and Wildlife or U.S. Fish and Wildlife Service.
4. Interfere substantially with the movement of any native resident or migratory fish or wildlifespecies or with established mìtive resident or migratory wildlife corridors, or impede the use ofnative wildlife nursery sites.
5. Confict with any local policies or ordinances protecting biological resources, such as a treepreservation policy or ordinance.
6. Confict with the provisions of an adopted Habitat Conservation Plan, Natural Community,
Conservation Plan, or other approved local, regional, or state habitat conservation plan.
The 2014 - 2034 General Plan Update incorporates varous Policies and Implementation Measures whichwould protect biological resources.
Mitigation Measures: No additional mitigation measures are required.
Finding: The 2014 - 2034 General Plan Update incorporates varous Policies and ImplementationMeasures which would protect biological resources. CEQA review is also required to be undertaken aspart of the process for approval of future discretionar projects. In addition, state and federal regulatory
oversight serves to reduce potentially significant impacts to less-than.signficant levels.
Impact: An impact would be considered significant if it would result in any of the following:
3. A substantial adverse effect on federally protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through directremoval, filing, hydrological interrption, or other means.
Review of the National Wetland Inventory (NW) map for the Corning quadrangle identifedseveral wetlan features. In addition, existing vacant parcels within the City could potentiallyimpact Jewett Creek, Burch Creek an the Blackburn-Moon Ditch which are designated wetlanfeatures.
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Mitigation Measures: The following mitigation measures BR-l and BR-2 address potential wetlandsand vernal pools with associated special status featues.BR-l To the extent practicable, the discharge or dredged or fill material into "waters of the U.S. ",
including wetlands, shall be avoided (this also includes waters not subject to Corps jurisdiction,but subject to RWQCB jurisdiction). This includes avoiding activities that would obstruct theflow of, or alter the bed, channel, or bank of any intermittent or ephemeral creeks. If completeavoidance is implemented, no further measures are necessary. If complete avoidance is notpracticable, the following measures shall be implemented:
. Prior to any discharge of dredged or fill material into "waters of the U.S. ", includingwetlans, authorization under a Nationwide Permit or Individual Permit shall beobtained from the Corps. For any features determined to not be subject to Corpsjurisdiction during the verifcation process, authorization to discharge (or a waiver fromregulation) shall be obtained from the RWQCB. For fill requiring a Corps permit, waterquality certifcation shall be obtained from the RWQCB prior to discharge of dredged orfill materiaL.
. Prior to any activities that would obstruct the flow of, or alter the bed, channel, or bank
of any intermittent or ephemeral creeks, notifcation of streambed alteration shall besubmitted to the DFG; and, if required, a streambed alteration agreement shall beobtained.
. Construction activities that wil impact "waters of the U.S." shall be conducted during
the dry season to minimize erosion.
. Appropriate sediment control measures to protect avoided "waters of the U.S." shall be
in place prior to the onset of construction and shall be monitored and maintained untilconstruction activities have ceased. Temporary stockpiling of excavated or importedmaterial shall occur only in approved construction staging areas. Excess excavated soilshall be used on site or disposed of at a regional landfill or other appropriate facility.Stockpiles that are to remain on the site through the wet season shall be protected toprevent erosion (e.g. silt fences, straw bales).
. All pedestrian an vehicular entry into "waters of the U.S. ", including wetlands, to be
avoided shall be prohibited during construction.
. Loss of wetlands shall be compensated at a minimum of a 2:1 creation ratio (i.e. twoacres created for each acre destroyed). This can be accomplished through purchase ofappropriate credits at a Corps approved mitigation bank, appropriate payment into aCorps approved in-lieu fee fund, or on-site or offsite creation, monitoring, andmaintenance (as approved by the Corps or RWQCB).
. Loss of "other waters" shall be compensated through purchae of appropriate credits at
an Corps approved mitigation bank, appropriate payment into an Corps approved in-lieu
fee fund, or through placement of avoided waters and associated riparian buffers into aconservation easement or similar protective mechanism. The amount of avoided watersand riparian buffers to be permnently protected shall be suffcient to offset the impactand shall be determined by the Corps and the applicant during the permitting process.
. Any monitoring, maintenance, and reporting required by the regulatory agencies (i.e.Corps, RWQCB, CDFW) shall be implemented and completed. All measures containedin the permits or associated with agency approvals shall be implemented.
BR-2 Conduct a USFWS protocol-level survey for the vernal pool fairy shrimp an vernal pool tadpoleshrimp within suitable habitats occurring within the proposed project site, or assume the speciesare present. If the species are not detected during the protocol-level survey, no further measuresor mitigation is required. If either of the species is detected during protocol-level surveys or the
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presence of the species is assumed in-lieu of conducting surveys, and proposed activities wilresult in direct or indirect impacts to potential habitat, the following measures shall be
implemented:
· Forml consultation with the USFWS shall be initiated under Section 7 or Section 10 ofthe ESA, as appropriate. No direct or indirect impacts to suitable habitat for thesespecies shall occur until Incidental Take authorization ha been obtained from theUSFWS.
· For every acre of habitat directly or indirectly affected, at least two vernl poolpreservation credits shall be dedicated within a USFWS-approved ecosystem
preservation bank. With USFWS approval, appropriate payment into an in-lieu fee fundor on-site preservation ma be used to satisfy this measure.
· For every acre of habitat directly affected, at least one vernal pool creation credit wil bededicated within a USFWS-approved habitat mitigation bank. With USFWS approval,appropriate payment into an in-lieu fee fund, on-site creation, or off-site creation ma beused to satisfy this measure.
Finding: The mitigation measures are feasible and avoid or substatially lessen potentially significantwetland impacts to a less-than-signficant level for the reasons identified in the EIR.
4.2 WATERREOURCES
Impacts: An impact would be considered significant if it would result in any of the following:
1. Violate any water quality stadards or waste discharge standards.
2. Substatially deplete groundwater supplies or interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer volume or a lowering of the local groundwatertable level (e.g. the production rate of pre-existing nearby wells would drop to a level whichwould not support existing land uses or planed uses for which permits have been granted).
3. Substatially alter the existing drainage pattern of the site or area, including through the alteration
of the course of a stream or river, in a maner which would result in substantial erosion orsiltation on-or off-site.
4. Substantially alter the existing drainage pattern of the site or area, including though the alteration
of the course of a stream or river, or substantially increase the rate or amount of surace ruoff ina manner which would result in flooding on-or off-site.
5. Create or contribute ruoff water which would exceed the capacity of existing or planed
stormwater drainage systems or provide substatial additional sources of polluted ruoff.
6. Otherwise substantially degrade water quality.
7. Result in inundation by seiche, tsunami, or mudfow.
The 2014 - 2034 General Plan Update incorporates varous Policies and Implementation Measures whichwould protect water resources.
Mitigation Measures: No additional mitigation measures are required.
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Finding: The 2014 - 2034 General Plan Update incorporates various Policies and ImplementationMeasures which would protect water resources. CEQA review wil be undertaken as part of the reviewprocess for future discretionar projects. In addition, state and federal oversight all serve to reduce
potentially significant impacts on water resources to less-than-signficant levels.
4.3 CULTUR RESOURCES
Impacts: An impact would be considered significant if it would result in any of the following:
1. Cause a substantial adverse change in the significance of a historical resource as defined inSection 15064.5.
2. Cause a substatial adverse change in the significance of an archaeological resource pursuant toSection 15064.5.
3. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.
4. Disturb any human remains, including those inteITed outside of formal cemeteries.
The 2014 - 2034 General Plan Update incorporates varous Policies and Implementation Measures whichwould protect cultural resources.
Mitigation Measures: No additional mitigation measures are required.
Finding: The 2014 - 2034 General Plan Update incorporates various Policies and ImplementationMeasures which would protect cultural resources. CEQA review wil be undertaken as par of the reviewprocess for future discretionar projects. In addition, state and federal oversight all serve to reduce
potentially significant impacts on cultural resources to less-than-signficant levels.
4.4 MINERA REOURCES
Impacts: An impact would be considered significant if it would result in any of the following:
1. Result in the loss of availability of a known mineral resource that would be of value to the regionand the residents of the state.
2. Result in the loss of availabilty of a locally-important mieral resource recovery site delineated
on a local general plan, specific plan or other land use plan.
The 2014 - 2034 General Plan Update incorporates varous Policies and Implementation Measures whichwould protect mineral resources.
Mitigation Measures: No additional mitigation measures are required.
Finding: The 2014 - 2034 General Plan Update incorporates varous Policies and ImplementationMeasures which would protect mineral resources. CEQA review wil be undertaken as part of the reviewprocess for future discretionar projects. Potential significant impacts on mineral resources are reduced
to less-than-signficant levels.
4.5 OPEN SPACE & SCENIC REOURCES
Impacts: An impact would be considered significant if it would result in any of the following:
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1. Have a substantial adverse effect on a scenic vista.
2. Substantially degrade the existing visual character or quality of the site and its suroundings.
3. Create a new source of substantial light or glare which would adversely affect day or nighttimeviews in the area. .4. Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and
historic buildings within a state scenic highway.
The 2014 - 2034 General Plan Update incorporates various Policies and Implementation Measures whichwould protect open space and scenic resources.
Mitigation Measures: No additional mitigation measures are required.
Finding: The 201 4 - 2034 General Plan Update incorporates varous Policies and ImplementationMeasures which would protect open space and scenic resources. CEQA review wil be undertken as parof the review process for future discretionar projects. Potential significant impacts on open space andscenic resources are reduced to less-than-signficant levels.
4.6 PARKS & RECREATION FACILITIES & REOURCES
Impacts: An impact would be considered significant if it would result in any of the following:
1. Would the project increase the use of existing neighborhood and regional parks or otherrecreational facilities such that substantial physical deterioration of the facility would occur or beaccelerated?
2. Does the project include recreational facilties or require the constrction or expansion ofrecreational facilties which might have an adverse physical effect on the environment?
The 2014 - 2034 General Plan Update incorporates varous Policies and Implementation Measures whichwould protect parks and recreation facilties and resources.
Mitigation Measures: No additional mitigation measures are required.
Finding: The 2014 - 2034 General Plan Update incorporates varous Policies and ImplementationMeasures which would protect parks and recreation facilties and resources. CEQA review wil beundertken as par of the review process for future discretionar projects. Potential significant impacts onparks and recreation facilities and resources are reduced to less-than-significant levels.
HEALTH & SAFTY GROUP
4.7 SEISMIC & GEOLOGIC HAZARS
Impacts: An impact would be considered significant if it would result in any of the following:
1. Expose people or structures to potential substantial adverse effects, including the risk of loss,injur, or death involving: Rupture of a known eartquake fault as delineated on the most recentAlquist-Priolo Eahquake Fault Zoning Map issued by the State Geologist for the area or based
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on other substantial evidence of a known fault; strong seismic ground shakig; seismic-relatedground failure, including liquefaction; and, landslides.
2. Be located on a geologic unit or soil that is unstable, or that would become unstable as result ofthe project, and potentially result in on or off-site landslide, lateral spreading, subsidence,
liquefaction or collapse.
3. Result in substantial soil erosion or the loss of topsoiL.
4. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994),
creating substantial risks to life or property.
5. Have soils incapable of adequately supporting the use of septic tas or alternative waste waterdisposal systems where sewers are not available for the disposal of waste water.
The 2014 - 2034 General Plan Update incorporates various Policies and Implementation Measures whichwould provide protection against seismic and geologic hazards.
Mitigation Measures: No additional mitigation measures are required.
Finding: The 2014 - 2034 General Plan Update incorporates various Policies and ImplementationMeasures which would provide protection against seismic and geologic hazads. CEQA review wil beundertken as par of the review process for future discretionary projects in addition to adherence tobuilding codes. Potential significant impacts from seismic and geologic hazards are reduced to less-than-signficant levels.
4.8 FLOOD PROTECTION
Impacts: An impact would be considered significant if it would result in any of the following:
1. Substatially alter the existing drainage pattern of the site or area, including through the alteration
of the course of a stream or river, or substantially increase the rate or amount of sUDace ruoff ina manner which would result in flooding on-or off-site.
2. Place housing within a ioO-year flood hazad area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other flood hazard delineation map.
3. Place within a ioO-year flood hazard area structures which would impede or redirect flood flows.
4. Expose people or strctures to a significant risk of loss, injur or death involving flooding,including flooding as a result of the failure of a levee or dam.
5. Result in inundation by seiche, tsunami, or mudfow.
The 2014 - 2034 General Plan Update incorporates varous Policies and Implementation Measures whichwould provide flood hazad protection.
Mitigation Measures: No additional mitigation measures are required.l
Finding: The 2014 - 2034 General Plan Update incorporates varous Policies and ImplementationMeasures which would provide flood hazard protection. CEQA review wil be undertaken as par of thereview process for future discretionar projects in addition to federal and state regulatory oversight.
Potential significant impacts from flood hazads are reduced to less-than-sig.nficant levels.
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4.9 FIRE SAFETY & LAW ENFORCEMENT
Impacts: An impact would be considered significant if it would result in any of the following:
1. Expose people or structures to a significant risk of loss, injur or death involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences are intermxedwith wildlands.
2. Result in substantial adverse physical impacts associated with the provision of new or physically
altered governental facilties, need for new or physically altered governental facilities, theconstrction of which could cause significant environmental impacts, in order to maintainacceptable service ratios, response times or other performance objectives for fire and policeprotection services.
The 2014 - 2034 General Plan Update incorporates various Policies and Implementation Measures whichaddress fire safety and law enforcement.
Mitigation Measures: No additional mitigation measures are required.
Finding: The 2014 - 2034 General Plan Update incorporates varous Policies and ImplementationMeasures which address fire safety and law enforcement. CEQA review wil be undertaken as part of thereview process for future discretionar projects. Potential significant impacts on fire safety and law
enforcement are reduced to Iess-than-signficant levels.
4.10 HAZAROUS MATERIALS & SAFETY
Impacts: An impact would be considered significant if it would result in any of the following:
1. Create a significant hazard to the public or the environment through the routine transport, use, ordisposal of hazadous materials.
2. Create a significant hazard to the public or the environment through reasonably foreseeable upset
and accident conditions involving the rel~ase of hazadous materials into the environment.
3. Emit hazardous emissions or handle hazadous or acutely hazardous materials, substances, orwaste within one-quarer mile of an existing or proposed schooL.
4. Be located on a site which is included on a list of hazadous materials compiled pursuant to
Governent Code Section 65962.5 and, as a result, would create a significant hazard to the publicor the environment.
5. For a project located within an airport land use plan or, where such a plan has not been adopted,
within two miles of a public airort or public use airort, would the project result in a safetyhazad for people residing or working in the project area?
6. For a project within the vicinity of a private airstrp, would the project result in a safety hazard for
people residing or working in the project area?
7. Would the project impair implementation of or physically interfere with an adopted emergencyresponse plan or emergency evacuation plan?
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The 2014 - 2034 General Plan Update incorporates various Policies and Implementation Measures whichaddress hazardous materials and safety.
Mitigation Measures: No additional mitigation measures are required.
Finding: The 2014 - 2034 General Plan Update incorporates varous Policies and ImplementationMeasures which address hazdous materials and safety. CEQA review wil be undertaken as par of thereview process for future discretionar projects in addition to federal and state oversight. Potentialsignificant impacts from hazardous materials are reduced to less-than-signficant levels.
4.11 NOISE
Impacts: An impact would be considered significant if it would result in any of the following:
1. Exposure of people to or generation of noise levels in excess of standards established in the localgeneral plan or noise ordinance, or applicable standards of other agencies.
2. Exposure of persons to or generation of excessive groundbome vibration or groundborne noise
levels.
3. A substantial permanent increase in ambient noise levels in the project vicinity above levelsexisting without the project.
4. A substantial temporar or periodic increase in ambient noise levels in the project vicinity abovelevels existing without the project.
5. For a project located within an airport land use plan or, where such a plan has not been adopted,
within two miles of a public airport or public use airport, would the project expose peopleresiding or working in the project area to excessive noise levels?
6. For a project within the vicinity of a private airstrip, would the project expose people residing or
working in the project area to excessive noise levels?
The 2014 - 2034 General Plan Update incorporates various Policies and Implementation Measures whichaddress noise.
Mitigation Measures: No additional mitigation measures are required.
Finding: The 2014 - 2034 General Plan Update incorporates varous Policies and ImplementationMeasures which address noise. CEQA review wil be undertaken as par of the review process for futurediscretionary projects in addition to federal and state regulatory oversight. Potential significant impactsfrom noise are reduced to less-than-signficant levels.
COMMITY DEVELOPMENT GROUP
4.12 LAN USE
Impacts: An impact would be considered significant if it would result in any of the following:
1. Physically divide an established community.
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2. Confict with any applicable land use plan, policy, or regulation of an agency with jursdictionover the project (including, but not limited to the general plan, specific plan, local coastalprogram, or zoning ordinance) adopted for the purose of avoiding or mitigating an
environmental effect.
3. Induce substantial population growth in an area, either directly (for example, by proposing newhomes and businesses) or indirectly (for example, though extension or roads or otherinfastructure.
4. Displace substantial numbers of existing housing, necessitating the constrction of replacement
housing elsewhere.
5. Displace substantial numbers of people, necessitating the construction of replacement housing
elsewhere.
6. Confict with any applicable habitat conservation plan or natural community conservation plan.
5. Convert Prme Farand, Unique Farmand, or Farand of Statewide Importance (Farand), asshown on the maps prepared pursuant to the Farand Mapping and Monitoring Program of theCalifornia Resources Agency, to non-agricultural use.
6. Confict with existing zoning for agricultural use, or a Wiliamson Act contract.
7. Confict with existing zoning for, or cause rezoning of, forest land (as defined in PublicResources Code section 12220(g)) or timberland (as defined in Public Resources Code section4526).
8. Result in the loss of forest land or conversion of forest land to non-forest use.
9. Involve other changes in the existing environment which, due to their location or nature, couldresult in conversion of Farand, to non-agricultural use or conversion of forest land to non-
forest use.
The 2014 - 2034 General Plan Update incorporates varous Policies and Implementation Measures whichaddress potential land use impacts.
Mitigation Measures: No additional mitigation measures are required.
Finding: The 2014 - 2034 General Plan Update incorporates varous Policies and ImplementationMeasures which address land use. CEQA review wil be underten as part of the review process forfuture discretionar projects. Potential significant impacts on land use are reduced to less-than-signficant levels.
4.13 CIRCULATION
Impacts: An impact would be considered significant if it would result in any of the following:
1. Exceed the capacity of the existing circulation system, based on an applicable measure ofeffectiveness (as designated in a general plan policy, ordinance, etc.), takig into account all
relevant components of the circulation system, including but not limited to intersections, streets,highways and freeways, pedestrian and bicycle paths, and mass transit.
2. Substatially increase hazds due to a design feature (e.g. shar cures or dangerous
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intersections) or incompatible uses (e.g., far equipment).
3. Result in inadequate emergency access.
4. Confict with an applicable congestion management program, including but not limited to level ofservice stadards and travel demand measures, or other standards established by the countycongestion management agency for designated roads or highways.
5. Confict with adopted policies, plans, or programs supporting alternative transportation (e.g., busturouts, bicycle racks).
6. Result in a change in air trafic patterns, including either an increase in trafic levels or a changein location that results in substantial safety risks.
The 2014 - 2034 General Plan Update incorporates various Policies and Implementation Measures whichaddress circulation impacts. -Mitigation Measures: No additional mitigation measures are required.
Finding: The 2014 - 2034 General Plan Update incorporates varous Policies and ImplementationMeasures which address circulation. CEQA review wil be undertaken as par of the review process forfuture discretionary projects. In addition, coordination with federal, state and county transportation
agencies provides additional project review and in some instances, regulatory oversight. Potential
significant impacts on circulation are reduced to less-than-significant levels.
4.14 PUBLIC SERVICES & FACILITIES
Impacts: An impact would be considered significant if it would result in any of the following:
1. Result in substantial adverse physical impacts associated with the provision of new or physically
altered school facilties, the constrction of which could cause significant environmental impacts,in order to maintain acceptable service ratios, response times or other pedormance objectives.
2. Exceed wastewater treatment requirements of the applicable Regional Water Quality ControlBoard.
3. Require or result in the constrction of new wastewater treatment facilties or expansion of
existing facilties, the constrction of which could cause significant environmental effects.
4. Result in a determnation by the wastewater treatment provider which serves or may serve the
project that it has adequate capacity to serve the project's projected demand in addition to theprovider's existing commtments.
5. Require or result in the construction of new water supply and/or treatment facilities or expansionof existing facilities, the constrction of which could cause significant environmental effects.
6. Have suficient water supplies available to serve the project from existing entitlements andresources, or new or expended entitlements needed.
7. Require or result in the constrction of new storm water drainage facilities or expansion of
existing facilities, the constrction of which could cause significant environmental effects.
Page 16 of 21
8. Be served by a landfil with suficient permtted capacity to accommodate the project's solid
waste disposal needs.
9. Comply with federal, state, and local statutes and regulations related to solid waste.
The 2014 - 2034 General Plan Update incorporates various Policies and Implementation Measures whichaddress public services and facilties.
Mitigation Measures: No additional mitigation measures are required.
Finding: The 2014 - 2034 General Plan Update incorporates varous Policies and ImplementationMeasures which address public services and facilities. CEQA review wil be undertaken as par of thereview process for future discretionar projects. Potential significant impacts on public services and
facilities are reduced to less-than-signficant levels.
4.15 AIR QUALITY
Impacts: An impact would be considered significant if it would result in any of the following:
1. Confict with or obstrct implementation of the applicable air quality plan.
5. Create objectionable odors affecting a substantial number of people.
The 2014 - 2034 General Plan Update incorporates various Policies and Implementation Measures whichwould protect air quality.
Mitigation Measures: No additional mitigation measures are required.
Finding: The 2014 - 2034 General Plan Update incorporates varous Policies and ImplementationMeasures which would protect air quality. CEQA review is also required to be undertaken as par of thereview process for future discretionar projects. In addition, state and federal regulatory oversight serve
to reduce potentially significant air quality impacts to less-than-signficant levels.
Impact: An impact would be considered significant if it would result in any of the following:
2. Violate any air quality standard or contribute to an existing or projected air quality violation.
3. Result in a cumulatively considerable net increase of any criteria pollutant for which the projectregion is non-attainment under an applicable federal or state ambient air quality standardincluding releasing emissions which exceed quantitative thresholds for ozone precursors.
4. Expose sensitive receptors to substantial pollutat concentrations.
The modeling results identified in Table AQ-3 in the EIR indicate that cumulative emissions from the 313residential units projected to be constrcted over the next 20 years could generate ROG emissions that areabove Level "A" thesholds, but below Level "B" thesholds. The impact is potentialy signficant.Through the application of Level "A' and some Level "B" BMMs, as reflected in Mitigation MeasureAQ-1, fuher emission reductions could be accomplished to reduce potential air quality impacts to a less-than-signficant leveL.
Mitigation Measure: The following mitigation measure AQ-1 addresses potential air quality impacts.
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AQ-l The TCAPCD Guidelines provide estimated ranges of effciencies for SMMs an BAMMS thatare incorporated into the Project. Assuming an average effciency for each measure, the
following measures can be expected to reduce ROG, NOx, and PM10 emissions by about 30% forconstruction, area source, and operation (vehicle) emissions:
· All construction contracts shall include construction dust mitigation measures that
contain minimum criteria and related to the use of diesel equipment, all constructioncontracts wil comply with California Air Toxic Control Measures related to off-road, on-road, stationary, portable and other applicable category of such equipment. Suchmeasures shall apply to all phaes of construction.
· Alternatives to open burning of vegetative material shall be used. Cleared vegetationshall be treated by legal means other than open burning.
· Contractors shall be responsible for ensuring that adequate dust control measures as setout in the TCAPCD Fugitive Dust Permit are implemented in a timely an effectivemanner during all phaes of construction.
· All material excavated, stockpiled, or graded shall be watered a minimum of twice perday during dry conditions to prevent fugitive dust from leaving the propert boundariesand causing a public nuisance or a violation of an ambient air quality standard.Watering wil occur preferably in the mid-morning and after work is completed each day.
· All construction areas (including unpaved driveways an roads) with vehicle traffc shallbe watered periodically or have dust pallatives applied for stabilzation of dustemissions.
· All on-site vehicles shall be limited to a speed of 15 miles per hour on unpaved roads.
· All land clearing, grading, earth moving or excavation activities shall be suspended whenwinds exceed 25 miles per hour.
· All inactive portions of the site disturbed by construction activities shall be seeded andwatered (or other equivalent erosion control products installed) until a suitable grasscover is established.
· The contractor shall be responsible for applying non-toxic soil stabilzers (according tomanufacturer's specifcations) to all inactive construction areas.
· All trucks hauling dirt, san, soil or other loose material shall be covered or shall
maintain at least two feet of freeboard (i.e., minimum vertical distance between top of theload and the trailer) in accordance with the requirements of cve Section 23114.
· All material transported off-site shall be either suffciently watered or securely covered toprevent a public nuisance.
· During initial grading, earth moving, or site preparation, contractors shall be requiredto construct a paved (or dust pallative treated) apron, at least 100 feet in length, onto theconstruction area from the adjacent paved road( s). It appears that the existing gravelbased road serving the existing well may meet this requirement.
· Paved streets adjacent to the construction sites shall be swept or washed at the end ofeach day to remove excessive accumulations of silt andor mud which ma haveaccumulated as a result of construction activities.
· Adjacent paved streets shall be swept at the end of each day if substantial volumes of soilmaterials have been carried onto adjacent public paved roads from the constructionarea.
· Wheel washers shall be installed where project vehicles andor equipment access pavedstreets from unpaved roads.
Page 18 of 21
i.
· Contractors shall provide documentation to the TCAPCD demonstrating that the heavy-
duty (greater than 50 horsepower) off-road vehicles to be used in the construction of theProject, including owned, leased and subcontractor vehicles, will meet CAR stanardsfor NOx an particulate maUer.
· Contractors shall be responsible to ensure that all construction equipment is properlytuned and maintained. .
· Equipment operators shall be instructed to minimize equipment idling time to five (5)minutes.
· Utilze existing power sources (e.g., power poles) or clean fuel generators rather thantemporary power generators whenever possible.
Finding: The mitigation measures are feasible and avoid or substantially lessen potentially significant airquality impacts to a less-than-signficant level for the reasons identifed in the EIR.
4.16 CLIMATE CHANGE
Impacts: An impact would be considered significant if it would result in any of the following:
1. Generate greenhouse gas emissions, either directly or indirectly, that may have a significantimpact on the environment.
2. Confict with any applicable plan, policy or regulation of an agency adopted for the purose of
reducing the emissions of greenhouse gases.
The 2014 - 2034 General Plan Update incorporates varous Policies and Implementation Measures whichaddress climate change.
Mitigation Measures: No additional mitigation measures are required.
Finding: The 2014 - 2034 General Plan Update incorporates various Policies and ImplementationMeasures which address climate change. CEQA review is also required to be undertaken as par of thereview process for future discretionar projects. In addition, state and federal regulatory oversight serve
to reduce potentially significant climate change impacts to less-than-signficant levels.
4.17 ENERGY
Impacts: An impact would be considered significant if it would result in any of the following:
1. The constrction or operation of the proposed facilities would result in the wasteful, unecessar,or inefficient use of energy resources. Environmental effects may include the project's energyrequirements and its energy use efficiencies by amount and fuel type during constrction andoperation; the effects of the project on local and regional energy supplies; the effects of theproject on peak and base period demands for electricity and other forms of energy; the degree towhich the project complies with existing energy standards; the effects of the project on energyresources; and the project's projected transportation energy use requirements and its overall useof efficient transportation alternatives.
The 2014 - 2034 General Plan Update incorporates varous Policies and Implementation Measures whichaddress energy impacts.
Mitigation Measures: No additional mitigation measures are required.
Page 19 of 21
Finding: The 2014 - 2034 General Plan Update incorporates varous Policies and ImplementationMeasures which address energy. CEQA review is also required to be underten as par of the reviewprocess for future discretionar projects. In addition, state and federal regulatory oversight serve to
reduce potentially significant energy impacts to less-than-signficant levels.
Page 20 of21
REFERENCES
The following reference materials were reviewed to obtain inormation included in or considered duringthe preparation of the EIR. To arange for the review one or more of these references, please contact JohnStoufer, City of Coming Planning Deparment, at (530) 824-7036 or e-mail at ')stoufer(gcorning.org".
Butte, Colusa, Glenn, Shasta, Sutter, Tehama and Yuba Counties. Northern Sacramnto Valley PlanningArea 2009 Triennial Air Quality Attainmnt Plan.
CAL FIR. November 7,2007. Fire Hazard Severity Zones in SRA
California Ai Pollution Control Officers Association. Januar 2008. CEQA & Climate Chage
Californa Air Pollution Control Offcers Association. Augut 2010. Quatifing Greenhouse GasMitigation Measures
Californa Air Resources Board. April 2005. Air Quality an Lm Use Hanbook
Californa Air Resources Board. April 1,2008. Ambient Air Quality Stanrds
California Deparent of Conservation, Division of Mines and Geology. 1992. Preliminary FaultActivity Map of California
Californa Deparment of Conservation, Division of Mines and Geology. 1997. Guidelines forEvaluaing an Mitigating Seismic Hazards in California.
California Deparment of Finance Demographic Research Unit. May 1, 2014. Table of January 2014City Population Ranked by Size, Numeric and Percent Change
California Deparment of Water Resources. 1962. DWR Bulletin No. 66-62, Quality of GroundWater Resources in California.
California Deparment of Water Resources. 1975. DWR Bulletin No. 118, California's GroundWater.
California Deparment of Water Resources. 1975. DWR Bulletin No. 118-6, Evaluation of GroundWater Resources: Sacramento Valley.
California Department of Water Resources. DWR Bulletin No. 160-93, volume 1, California WaterPlan Update.
City of Coming. May 24, 1994. The Coming General Plan, Corning, California
City of Coming. Januar 18, 1997. Final Draft Highway 99W Corridor Specifc Plan
City of Coming. December 2001. City of Coming Zoning Ordinance
Diaz Associates. October 27,2009. City of Corning Housing Element Update 2009-2014
Eco-Analysts. November 2006. Revised Final Environmental Impact Report for the proposedMountain View Estates, City of Corning, Tehama County, California
Page 21 of 21 .
FAO Consulting. Januar 2006. Fig Land, LLC Propert Subdivision Corning, California TraffcImpact Study
Federal Emergency Management Agency. September 29,2011. Flood Insurance Rate Map, CommnityPanl Numers 06103C1470H an 06103C1465H
Foster, B.D. Californa Deparent of Conservation, Division of Mines and Geology. 2001. Mineral
La Classifcation of Concrete-Grade Aggregate Resources in Teha County, California
PMC. September 2008. Teha County 2008-2028 General Plan Draft EIR
PMC. March 31,200. Teha County General Plan 2008-2028
State of California Deparent of Water Resources. Januar 20,2006. Groundwater Bulletin 118,Hydrologic Region Sacramento River Sacramento Valley Groundwater Basin.
State of Californa Governor's Office of Planing and Reseach. October 2003. General PlanGuidelines
-
Tehama County Ai Pollution Control Distrct. December 2009. Planning & Permitting Air QuaityHanbook Guidelines for Assessing Air Quality Impacts
Tehama County. 200. Farmlan Mapping an Monitoring Program Map - Teha County 2002
Tehama County Aiort Lad Use Commssion. 1990 (Revised November 15, 2(01) ComprehensiveAirport La Use Plan
Tehama County Deparment of Public Works. November 21, 2006. 2006 Teha County RegionalTranportation Plan (RTP)
Tehama County Planing Deparment. April 7, 2015. Draf Teha County Airport La Use
Compatbilty Plan
United States Deparment of Agrcultue, Soil Conservation Service. August 1974. Soil Survey ofTeha County, California
United States Bureau of the Census American Fact Finder. 2010-2013. City of Corning Profile ofGeneral Population an Housing Characteristics: 2010 Demographic Profile Data
U.S. Fish & Wildlife Service National Wetlands Inventory. July 27, 2009. Wetlands Mapper
Wadell Engineerig Corporation. Febru 2003. Corning Municipal Airport Master Plan/2020
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EXIBIT "B"
CEQA MITIGATION MONITORING PROGRAMFOR THE 2014 - 2034 GENERAL PLAN UPDATE
This Exhibit is the Mitigation Monitoring Program (MM) for the City of Corning 2014 -2034 GeneralPlan Update. The MM includes a brief discussion of the legal basis for and the purpose of the program,discussion, a key to understanding the monitoring table, direction regarding complaints about
noncompliance and the monitoring table itself.
LEGAL BASIS AN PURPOSE
California Public Resources Code Section 21081.6 requires public agencies to adopt mitigationmonitoring or reporting programs whenever certifying an environmental impact report (EIR) or amitigated negative declaration (M). This requirement faciltates implementation of all mitigationmeasures adopted though the California Environmental Quality Act (CEQA) process.
The MM contained herein is intended to satisfy the requirements of CEQA as they relate to the FinalEIR for the City of Coming 2014 -2034 General Plan Update. It is intended to be used by City,participating agencies, project contractors, and mitigation monitoring personnel during implementation ofthe project.
Mitigation is defined by CEQA Guidelines Section 15370 as a measure that does any of the following:
· A voids impacts altogether by not taking a certin action or pars of an action.
· Minimizes impacts by limiting the degree or magnitude of the action and its implementation.
· Rectifies impacts by repairing, rehabiltating or restoring the impacted environment.
· Reduces or eliminates impacts over time by preservation and maintenance operations durg thelife of the project.
· Compensates for impacts by replacing or providing substitute resources or environments.
The intent of the MM is to ensure the effective implementation and enforcement of adopted mitigationmeasures and permt conditions. The MM provides for monitoring of constrction activities asnecessar, on-site identification and resolution of environmental problems, and proper reporting to CityStaff.
MITIGATION MONITORIG PROGRAM TABLE
Mitigation Monitoring Table MMP-l identifies the mitigation measures proposed for the City ofCorning 2014 -2034 General Plan Update.
The table has the following columns:
Page lof6
. Mitigation Measure: Lists the mitigation measure along with its number as identified in theEIR for each specific impact.
. Timing: Identifies at what point in time, review process, or phase the mitigation measurewil be completed.
. Agency Monitoring/Consultation: References the City of Coming or any other publicagency with which coordination is required to satisfy the identified mitigation measure.
. Verification: Spaces to be initialed and dated by the individual designated to verify
adherence to a specific mitigation measure.
NONCOMPLIANCE COMPLAINTS
Any person or agency may fie a complaint asserting noncompliance with the mitigation measuresassociated with the project. The complaint shall be directed to the Agency in written form, providingspecific information on the asserted violation. The Agency shall conduct an investigation and determnethe validity of the complaint. If noncompliance with a mitigation measure has occured, the City ofComing shall take appropriate action to remedy any violation. The complainant shall receive writtenconfirmation indicating the results of the investigation or the final action corresponding to the paricularnoncompliance issue.
Page 2 of 6
TA
BL
E M
M-l
MIT
IGA
TIO
N M
ON
IOR
IG P
RO
GR
A
TIG
IA
GE
NC
YV
ER
IIC
AT
ION
MIT
IGA
TIO
NM
ON
ITO
RIG
I
IML
EM
EN
TA
TIO
NC
ON
SUL
TA
TIO
N(DATE & INTIAS)
4.1
BIO
LO
GIC
AL
RE
SOU
RC
ES
Miti
gatio
n M
easu
re B
-tA
s pa
r of
the
CE
QA
City
of C
omin
g P
lani
ngT
o th
e ex
tent
pra
ctic
able
, the
dis
char
ge o
r dr
edge
d or
fill
mat
enal
into
"w
ater
s of
eval
uatio
n pr
oces
s fo
rD
epar
men
t, C
alifo
rnia
the
U.S
.", i
nclu
ding
wet
land
s, s
hall
be a
void
ed (
this
als
o in
clud
es w
ater
s no
t sub
ject
disc
retio
nar
proj
ects
.D
epar
men
t of
Fish
and
to C
orps
juns
dict
ion,
but
sub
ject
to R
WQ
CB
juns
dict
ion)
. Thi
s in
clud
es a
void
ing
Bef
ore
and
dunn
gW
ildlif
e, U
.S. A
ry C
orps
activ
ities
that
wou
ld o
bstr
uct t
he fl
ow o
f, or
alte
r th
e be
d, c
hane
l, or
ban
of a
nyco
nstr
uctio
n.of
Eng
inee
rs, R
egio
nal
inte
rmtte
nt o
r ep
hem
eral
cre
eks.
If
com
plet
e av
oida
nce
is im
plem
ente
d, n
o fu
rter
Wat
er Q
ualit
y C
ontr
olm
easu
res
are
nece
ssar
. If c
ompl
ete
avoi
danc
e is
not
pra
ctic
able
, the
follo
win
gB
oard
, Pro
ject
Pro
pone
ntm
easu
res
shal
l be
impl
emen
ted:
and
Con
trac
tor.
· Pno
r to
any
dis
char
ge o
f dre
dged
or
fill m
aten
al in
to "
wat
ers
of th
e U
.S."
,in
clud
ing
wet
land
s, a
utho
nzat
ion
unde
r a
Nat
ionw
ide
Perm
t or
Indi
vidu
alPe
rmt s
hall
be o
btai
ned
from
the
Cor
ps. F
or a
ny f
eatu
res
dete
rmne
d to
not
be
subj
ect t
o C
orps
juns
dict
ion
dunn
g th
e ve
nfic
atio
n pr
oces
s, a
utho
nzat
ion
todi
scha
rge
(or
a w
aive
r fr
om r
egul
atio
n) s
hall
be o
btai
ned
from
the
RW
QC
B.
For
fill
requ
inng
a C
orps
per
mt,
wat
er q
ualit
y ce
rtif
icat
ion
shal
l be
obta
ined
from
the
RW
QC
B p
nor
to d
isch
arge
of
dred
ged
or f
ill m
aten
al.
· Pno
r to
any
act
iviti
es th
at w
ould
obs
truc
t the
flow
of,
or a
lter
the
bed,
cha
nel,
or ban of any intermttent or ephemeral creeks, notification of streambed
alte
ratio
n sh
all b
e su
bmitt
ed to
the
CD
FW; a
nd, i
f re
quir
ed, a
str
eam
bed
alte
ratio
n ag
reem
ent s
hall
be o
btai
ned.
· Con
stru
ctio
n ac
tiviti
es th
at w
il im
pact
"w
ater
s of
the
U.S
." s
hall
be c
ondu
cted
dunn
g th
e dr
y se
ason
to m
iimiz
e er
osio
n.· Appropnate sediment control measures to protect avoided "waters of
the
U.S
."sh
all b
e in
pla
ce p
nor
to th
e on
set o
f co
nstr
uctio
n an
d sh
all b
e m
onito
red
and
mai
ntai
ned
until
con
stru
ctio
n ac
tiviti
es h
ave
ceas
ed. T
empo
rar
stoc
kpili
ng o
fex
cava
ted
or im
port
ed m
aten
al s
hall
occu
r on
ly in
app
rove
d co
nstr
uctio
nst
agin
g ar
eas.
Exc
ess
exca
vate
d so
il sh
all b
e us
ed o
n si
te o
r di
spos
ed o
f at a
regi
onal
land
fill o
r ot
her
appr
opna
te fa
cilty
. Sto
ckpi
les
that
are
to r
emai
on
the
site
thro
ugh
the
wet
sea
son
shal
l be
prot
ecte
d to
pre
vent
ero
sion
(e.
g. s
iltfe
nces
, str
aw b
ales
).· A
ll pe
dest
nan
and
vehi
cula
r en
try
into
"w
ater
s of
the
U.S
.", i
nclu
ding
wet
land
s, to
be
avoi
ded
shal
l be
proh
ibite
d du
nng
cons
truc
tion.
· Los
s of
wet
land
s sh
all b
e co
mpe
nsat
ed a
t a m
inim
um o
f a
2: 1
cre
atio
n ra
tio(i
.e. t
wo
acre
s cr
eate
d fo
r ea
ch a
cre
dest
roye
d). T
his
can
be a
ccom
plis
hed
thro
ugh
purc
hase
of
appr
opna
te c
redi
ts a
t a C
orps
app
rove
d m
itiga
tion
ban
appr
opna
te p
aym
ent i
nto
a C
orps
app
rove
d in
-lie
u fe
e fu
nd, o
r on
-site
or
off-
site
cre
atio
n, m
onito
nng,
and
mai
nten
ance
(as
app
rove
d by
the
Cor
ps o
rR
WQ
CB
).
Page
3 o
f6
.T
AB
LE
MM
-lM
ITIG
AT
ION
MO
NIO
RIG
PR
OG
RA
TIG
IA
GE
NC
YV
ER
IIC
AT
ION
MIT
IGA
TIO
NM
ON
ITO
RIG
!IM
LE
ME
NT
AT
ION
CO
NSU
LT
AT
ION
(DATE & INTIAS)
· Los
s of
"ot
her
wat
ers"
sha
ll be
com
pens
ated
thro
ugh
purc
hase
of
appr
opri
ate
cred
its a
t an
Cor
ps a
ppro
ved
miti
gatio
n ba
n ap
prop
riat
e pa
ymen
t int
o an
Cor
ps a
ppro
ved
in-l
ieu
fee
fund
, or
thro
ugh
plac
emen
t of
avoi
ded
wat
ers
and
asso
ciat
ed r
ipar
an b
uffe
rs in
to a
con
serv
atio
n ea
sem
ent o
r si
mila
r pr
otec
tive
mec
hani
sm. T
he a
mou
nt o
f avo
ided
wat
ers
and
ripar
an b
uffe
rs to
be
perm
ently
pro
tect
ed s
hall
be s
uffc
ient
to o
ffse
t the
impa
ct a
nd s
hall
bede
tenn
ned
by th
e C
orps
and
the
appl
ican
t dur
ing
the
penn
tting
pro
cess
.· A
ny m
onito
ring
, mai
nten
ance
, and
rep
ortin
g re
quir
ed b
y th
e re
gula
tory
agen
cies
(i.e
. Cor
ps, R
WQ
CB
, CD
FW s
hall
be im
plem
ente
d an
d co
mpl
eted
.A
ll m
easu
res
cont
aine
d in
the
penn
ts o
r as
soci
ated
with
age
ncy
appr
oval
ssh
all b
e im
Dle
men
ted.
Miti
gatio
n M
easu
re B
-2A
s pa
r of
the
CE
QA
City
of C
omin
g P
lann
gC
ondu
ct a
US
FW
S p
roto
col-l
evel
sur
vey
for
the
vern
al p
ool f
ai s
hrm
p an
d ve
rnal
eval
uatio
n pr
oces
s fo
rD
epar
men
t. C
alifo
rnia
pool tadpole shrmp within suitable habitats occurrg within the proposed project
disc
retio
nar
proj
ects
. Als
oD
epar
men
t of
Fish
and
site
, or
assu
me
the
spec
ies
are
pres
ent.
If th
e sp
ecie
s ar
e no
t det
ecte
d du
ring
the
as p
ar o
f th
e u.
s. A
ryW
ildlif
e, D
evel
oper
, U.s
.pr
otoc
ol-l
evel
sur
vey,
no
furt
her
mea
sure
s or
miti
gatio
n is
req
uire
d. I
f ei
ther
of
the
Cor
ps o
f E
ngin
eers
Ary
Cor
ps o
f E
ngin
eers
spec
ies
is d
etec
ted
duri
g pr
otoc
ol-l
evel
sur
veys
or
the
pres
ence
of
the
spec
ies
ispenntting process.
and
Proj
ect P
ropo
nent
.as
sum
ed in
-lie
u of
con
duct
ing
surv
eys,
and
pro
pose
d ac
tiviti
es w
il re
sult
in d
irec
tor
indi
rect
impa
cts
to p
oten
tial h
abita
t, th
e fo
llow
ing
mea
sure
s sh
all b
eim
plem
ente
d:· F
orm
con
sulta
tion
with
the
USF
WS
shal
l be
initi
ated
und
er S
ectio
n 7
orS
ectio
n i 0
of t
he E
SA
, as
appr
opria
te. N
o di
rect
or
indi
rect
impa
cts
to s
uita
ble
habi
tat f
or th
ese
spec
ies
shal
l occ
ur u
ntil
Inci
dent
al T
ake
auth
oriz
atio
n ha
sbe
en o
btai
ned
from
the
USF
WS.
· For
eve
ry a
cre
of h
abita
t dir
ectly
or
indi
rect
ly a
ffec
ted,
at l
east
two
vern
al p
ool
pres
erva
tion
cred
its s
hall
be d
edic
ated
with
in a
USF
WS-
appr
oved
eco
syst
empr
eser
vatio
n ba
me
With
US
FW
S a
ppro
val,
appr
opria
te p
aym
ent i
nto
an in
-lieu
fee
fund
or
on-s
ite p
rese
rvat
ion
may
be
used
to s
atis
fy th
is m
easu
re.
For
ever
y ac
re o
f ha
bita
t dir
ectly
aff
ecte
d, a
t lea
st o
ne v
erna
l poo
l cre
atio
n cr
edit
wil
be d
edic
ated
with
in a
USF
WS-
appr
oved
hab
itat m
itiga
tion
ban.
With
USF
WS
appr
oval
, app
ropr
iate
pay
men
t int
o an
in-li
eu fe
e fu
nd, o
n-si
te c
reat
ion,
or
off-
site
crea
tion
mav
be
used
to s
atis
fy th
is m
easu
re.
4.15
A
iOU
ÁL
ITY
Miti
gatio
n M
easu
re A
Q-l
Before and durig
City
of C
omin
g P
lani
ng· T
he T
CA
PCD
Gui
delin
es p
rovi
de e
stim
ated
ran
ges
of e
ffci
enci
es f
or S
MM
sco
nstr
uctio
n. D
urig
Dep
arm
ent,
Con
trac
tor,
and
BA
MM
S th
at a
re in
corp
orat
ed in
to th
e Pr
ojec
t. A
ssum
ig a
n av
erag
eop
erat
ions
.Pr
ojec
t Pro
pone
nt a
ndef
fici
ency
for
eac
h m
easu
re, t
he f
ollo
win
g m
easu
res
can
be e
xpec
ted
to r
educ
eT
eham
a C
ount
y A
ir..-
RO
G, N
Ox,
and
PM
Io e
mis
sion
s by
abo
ut 3
0% f
or c
onst
ruct
ion,
are
a so
urce
,Po
llutio
n C
ontr
ol D
istr
ict
and
oper
atio
n (v
ehic
le)
emis
sion
s.
Page
4 o
f 6
.T
AB
LE
MM
-lM
ITIG
AT
ION
MO
NIT
OR
IG P
RO
GR
A
TIG
IA
GE
NC
YV
ER
IIC
AT
ION
MIT
IGA
TIO
NM
ON
ITO
RIG
IIM
LE
ME
NT
AT
ION
CO
NSU
LT
AT
ION
(DATE & INTIAS)
. All construction contracts shall include construction dust mitigation measures
that
con
tain
miim
um c
rite
ria
and
rela
ted
to th
e us
e of
die
sel e
quip
men
t, al
lco
nstr
uctio
n co
ntra
cts
wil
com
ply
with
Cal
ifor
nia
Air
Tox
ic C
ontr
ol M
easu
res
rela
ted
to o
ff-r
oad,
on-
road
, sta
tiona
r, p
orta
ble
and
othe
r ap
plic
able
cat
egor
yof
suc
h eq
uipm
ent.
Such
mea
sure
s sh
all a
pply
to a
ll ph
ases
of
cons
truc
tion.
· Alte
rnat
ives
to o
pen
burn
ing
of v
eget
ativ
e m
ater
ial s
hall
be u
sed.
Cle
ared
vege
tatio
n sh
all b
e tr
eate
d by
lega
l mea
ns o
ther
than
ope
n bu
rnin
g.· C
ontr
acto
rs s
hall
be r
espo
nsib
le f
or e
nsur
ig th
at a
dequ
ate
dust
con
trol
mea
sure
s as
set
out
in th
e T
CA
PCD
Fug
itive
Dus
t Per
mt à
re im
plem
ente
d in
atim
ely
and
effe
ctiv
e m
aner
dur
ig a
ll ph
ases
of
cons
truc
tion.
· All
mat
eria
l exc
avat
ed, s
tock
pile
d, o
r gr
aded
sha
ll be
wat
ered
a m
iimum
of
twic
e pe
r da
y du
rig d
ry c
ondi
tions
to p
reve
nt fu
gitiv
e du
st fr
om le
avin
g th
epr
oper
t bou
ndar
es a
nd c
ausi
ng a
pub
lic n
uisa
nce
or a
vio
latio
n of
an
ambi
ent
air
qual
ity s
tand
ard.
Wat
erin
g w
il oc
cur
pref
erab
ly in
the
mid
-mor
ning
and
afer work is completed each day.
· All
cons
truc
tion
area
s (i
nclu
ding
unp
aved
drv
eway
s an
d ro
ads)
with
veh
icle
traf
fic
shal
l be
wat
ered
per
iodi
cally
or
have
dus
t pal
liativ
es a
pplie
d fo
rstabilzation of dust emissions.
· All
on-s
ite v
ehic
les
shal
l be
limite
d to
a s
peed
of
15 m
iles
per
hour
on
unpa
ved
road
s.· All
land
cle
arg,
gra
ding
, ear
h m
ovin
g or
exc
avat
ion
activ
ities
sha
ll be
susp
ende
d w
hen
win
ds e
xcee
d 25
mile
s pe
r ho
ur.
· All
inac
tive
port
ions
of
the
site
dis
turb
ed b
y co
nstr
uctio
n ac
tiviti
es s
hall
bese
eded
and
wat
ered
(or
oth
er e
quiv
alen
t ero
sion
con
trol
pro
duct
s in
stal
led)
until
a s
uita
ble
gras
s co
ver
is e
stab
lishe
d.· T
he c
ontr
acto
r sh
all b
e re
spon
sibl
e fo
r ap
plyi
ng n
on-t
oxic
soi
l sta
biliz
ers
(acc
ordi
ng to
mau
fact
urer
's s
peci
fica
tions
) to
all
inac
tive
cons
truc
tion
area
s.· All trucks hauling dir, sand, soil or other loose material shall be covered or
shal
l mat
ain
at le
ast t
wo
feet
of f
reeb
oard
(i.e
., m
inim
um v
ertic
al d
ista
nce
betw
een
top
of th
e lo
ad a
nd th
e tr
aile
r) in
acc
orda
nce
with
the
requ
irem
ents
of
CV
C S
ectio
n 23
114.
· All
mat
eria
l tra
nspo
rted
off
-site
sha
ll be
eith
er s
uffc
ient
ly w
ater
ed o
r se
cure
lyco
vere
d to
pre
vent
a p
ublic
nui
sanc
e.· D
urin
g in
itial
gra
ding
, ear
h m
ovin
g, o
r si
te p
repa
ratio
n, c
ontr
acto
rs s
hall
bere
quir
ed to
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Page
6 o
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ITEM NO.: 1-12RESOLUTION NO. 09-08-2015-02;A RESOLUTION ADOPTINGGENERAL PLAN AMENDMENT2015-01 THE 2014.2034 CITY OFCORNING GENERAL PLAN.
SEPTEMBER 8, 2015
TO: HONORABLE MAYOR AND CITY OF CORNING COUNCIL MEMBERS
FROM: JOHN L. BREWER, AlCP; CITY MANAGERJOHN STOUFER, PLANNING CONSULTANT .:
BACKGROUND:
The City of Corning current General Plan was adopted in 1994. In 2012 the City wasawarded a $100,000 grant from the Planningrrechnical Assistance Allocation of the StateCammunity Development Block Grant Program (CDBG Grant No. 12-CDBG-8379). The prrAfunds were awarded to. assist the City with the preparation of the 2014-2034 General PlanUpdate and associated environmental documents pursuant to the California EnvironmentalQuality Act (CEQA).
On October 23, 2012, for efficiency and cost containment purposes, the City Councilappointed the Planning Commission to serve as the 2014-2034 General Plan Update TaskFarce to. work with staff and environmental and planning consultant Eihnard Diaz in preparingthe 2014-2034 General Plan Update.
The Planning Commission, warking as the Task Force, canducted an extensive publicoutreach process for the 2014 -2034 General Plan Update to gain an understanding af theneeds, desires, and concerns of the community. Beginning in 2013 through 2015, a total of18 Public Workshops and/or Public Hearings were held.
The 2014 - 2034 General Plan Update includes mandatory elements required by Statelaw, which are Conservation, Open Space, Noise, Safety, Land Use and Circulatian along withthe fallowing optional elements: Parks and Recreation, Public Services and Facilities, AirQuality, Climate Change and Energy. The 2009 -2014 Housing Element Update is incorporatedinto the 2014 - 2034 General Plan.
The Planning Commission held a duly noticed public hearing on August 18, 2015, to.receive testimony and to consider recommendatians to. the City Cauncil regarding the DEI R forthe 2014 - 2034 General Plan Update and the 2014 - 2034 General Plan Update. The Planning
Cammission voted 3:0:2 to recommend that the City Cauncil adopt and certify the DEIR with theresponse to comments included in the EIR in compliance with CEQA and its Guidelines.
SUMMARY:
The 2014 - 2034 General Plan seeks to advance the preservation and enhancement afthe quality af life in the City by providing a variety of living environments and accommodatinggrawth. It also advance's the geographic distribution and the timing of growth to. be directlyrelated to the conservation of natural resources and the provision and/or improvement of publicfacilities, services and utilties.
The 2014 - 2034 General Plan should be recognized as a decision-making tool whichwil be reviewed and revised periodically. The update seeks to advance an application of aninter-jurisdictional approach to planning issues and advances the following objectives toprovide guidelines for the overall implementation of the General Plan and the operation of theplanning process:
1. To ensure that planning is a comprehensive process that is derived from public policiesclearly stated in the General Plan and includes the application of these policies to landswithin the City, Planning Area and Sphere of Influence, as applicable throughrehabiltation, zoning, subdivision, and other mechanisms and regulations.
2. To develop a General Plan which is both internally consistent among all its elements andwhich provides the policy basis for the rehabilitation, zoning, subdivision, and otherimplementing mechanisms and ordinances.
3. To develop public trust and confidence that the objectives, policies, and implementationmeasures shall be faithfully adhered to and equitably applied to all land use matters.
4. To provide public assurance that the General Plan shall be applied in a manner that
responds to local conditions and local concerns through the interpretation of its policies,but only within well-defined and understood limits intended to preserve the overallintegrity of the General Plan.
5. To develop a planning process that resists short-term pressures exerted by narrowinterests to modify the General Plan, but is capable of thoughtfully responding to
significantly changing conditions or community needs.
6 To ensure that administration of the planning process is characterized by:
· The efficient and expeditious handling of planning matters through thecoordination and communication of the various departments and divisions of theCity and other government agencies.
· Timely and decisive action on all planning matters.
7. To promote a planning process that is accessible to all citizens.
8. To fashion a planning process that recognizes the continuing need for citizen review ofthe objectives, policies, and implementation measures contained in the General Plan.
9. To convert the General Plan land use boundaries to precise zoning boundaries through
the use of natural and man-made physical boundaries such as creeks, topographicchanges, roads, etc., and non-physical boundaries such as propert lines, section lines,etc.
RECOMMENDATION:
MOVE TO ADOPT RESOLUTION 09-08-2015-02, A RESOLUTION ADOPTINGGENERAL PLAN AMENDMENT 2015-01 - THE 2014-2034 CITY OF CORNING GENERALPLAN.
ATTACHMENTS:
Resolution 09-08-2015-02
RESOLUTION NO.: 09-08-2015-02
A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF CORNING
ADOPTING GENERAL PLAN AMENDMENT 2015-01 THE2014 - 2034 GENERAL PLAN UPDATE
WHEREAS, in 2012, the City of Corning (City) initiated a comprehensive update of theCity's 1994 General Plan to prepare the 2014 -2034 General Plan Update (Plan); and
WHEREAS, on October 23, 2012, for efficiency and cost containment purposes, theCity Council appointed the Planning Commission to serve as the 2014 -2034 General PlanUpdate Task Force (Task Force), to oversee the preparation of the 2014 -2034 General PlanUpdate; and
WHEREAS, the Planning Commission, also as serving as the General Plan UpdateTask Force, conducted an extensive public outreach process for the 2014 -2034 General PlanUpdate to gain an understanding of the needs, desires, and concerns of the community.
Beginning in 2013 through 2015, a total of 18 Public Workshops and/or Public Hearings wereheld culminating in the Public Hearing held on August 18, 2015 recommending certification ofthe DEIR and adoption of the 2014 - 2034 General Plan Update to the City Council; and
WHEREAS, the 2014 - 2034 General Plan Update includes mandatory elementsrequired by State law, which are Conservation, Open Space, Noise, Safety, Land Use andCirculation along with the following optional elements: Parks and Recreation, Public Servicesand Facilities, Air Quality, Climate Change and Energy; and
WHEREAS, the 2009 -2014 Housing Element Update is incorporated into the 2014 -2034 General Plan Update; and
WHEREAS, the 2014 - 2034 General Plan Update seeks to advance the preservationand enhancement of the quality of life in the City by providing a variety of living environmentsand accommodating growth; and
WHEREAS, the 2014 - 2034 General Plan Update seeks to advance the geographicdistribution and the timing of growth to be directly related to the conservation of naturalresources and the provision and/or improvement of public facilties, services and utilities; and
WHEREAS, the 2014 - 2034 General Plan Update should be recognized as a decision-making tool which will be reviewed and revised periodically; and
WHEREAS, the 2014 - 2034 General Plan Update seeks to advance an application ofan inter-jurisdictional approach to planning issues; and
WHEREAS, the 2014 - 2034 General Plan Update advances the following objectivesto provide guidelines for the overall implementation of the General Plan and the operation ofthe planning process:
1. To ensure that planning is a comprehensive process that is derived from public policiesclearly stated in the General Plan and includes the application of these policies to landswithin the City, Planning Area and Sphere of Influence, as applicable throughrehabilitation, zoning, subdivision, and other mechanisms and regulations.
2. To develop a General Plan which is both internally consistent among all its elements andwhich provides the policy basis for the rehabilitation, zoning, subdivision, and otherimplementing mechanisms and ordinances.
3. To develop public trust and confidence that the objectives, policies, and implementationmeasures shall be faithfully adhered to and equitably applied to all land use matters.
4. To provide public assurance that the General Plan shall be applied in a manner that
responds to local conditions and local concerns through the interpretation of its policies,but only within well-defined and understood limits intended to preserve the overallintegrity of the General Plan.
5. To develop a planning process that resists short-term pressures exerted by narrowinterests to modify the General Plan, but is capable of thoughtfully responding to
significantly changing conditions or community needs.
6. To ensure that administration of the planning process is characterized by:
· The efficient and expeditious handling of planning matters through thecoordination and communication of the various departments and divisions of theCity and other government agencies.
· Timely and decisive action on all planning matters.
7. To promote a planning process that is accessible to all citizens.
8. To fashion a planning process that recognizes the continuing need for citizen review ofthe objectives, policies, and implementation measures contained in the General Plan.
9. To convert the General Plan land use boundaries to precise zoning boundaries through
the use of natural and man-made physical boundaries such as creeks, topographicchanges, roads, etc., and non-physical boundaries such as propert lines, section lines,etc.
WHEREAS, an Environmental Impact Report (EIR) has been prepared for and by theCity for the 2014 - 2034 General Plan Update as defined in the EIR, pursuant to the CaliforniaEnvironmental Quality Act ("CEQA"), the CEQA Guidelines, and the local procedures adoptedby the City pursuant thereto; and
WHEREAS, on August 18, 2015, the Planning Commission held a duly noticed publichearing to consider the Draft 2014 - 2034 General Plan Update and Draft EIR and, maderecommendations to the City Council to certify the DEIR as a FEIR and to adopt the 2014 -2034 General Plan Update with revisions; and
WHEREAS, the City Council, at a duly noticed public hearing held on September 8,2015, considered the recommendation of the Planning Commission, and conducted a publichearing to consider testimony on the EIR and the 2014 -2034 General Plan Update; and
WHEREAS, the City Council has certified the EIR and adopted the findings regardingthe environmental impacts of the 2014 -2034 General Plan Update , as identified in Resolution09-08-2015-01, Exhibit "A".
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Corning thatthe City Council finds that:
1. The 2014-2034 General Plan Update is a comprehensive update of the City's 1994General Plan and provides the necessary framework for the long-range developmentof the City. The 2014 -2034 General Plan Update establishes allowable uses of landand benefits the publiC welfare by providing housing and employment toaccommodate anticipated future growth. The 2014 -2034 General Plan Updatebalances growth and conservation in a manner that wil result in reduced impacts onthe environment and reduced contributions to global climate change.
2. The 2014 -2034 General Plan Update meets all the requirements for such plans ascontained in the Planning and Zoning Law (Government Code Section 65300 etseq.) and other laws, and likewise has been prepared and adopted in accordancewith the requirements of Planning and Zoning Law. The 2014 -2034 General PlanUpdate includes all mandatory elements required by State law, along with thefollowing optional elements: Parks and Recreation, Public Services and Facilities, AirQuality, Climate Change and Energy.
3. The Goals, Objectives, Policies, Implementation Measures, and the Land Use andCirculation Maps are internally consistent and do not conflict with any other adoptedplans.
4. The 2014-2034 General Plan Update meets the requirements of Government CodeSection 65350.5 et seq. On June 23, 2015, the City referred the 2014-2034 GeneralPlan Update and Draft EIR (SCH#2015052037), to the State of California StateClearinghouse who distributed both documents for a 45-day review beginning onJune 24 and ending on August 7, 2015. State agencies whose operations may besignificantly affected by the proposed 2014-2034 General Plan Update that receivedthe documents were the Department of Conservation, Department of WaterResources, and Department of Fish and Wildlife. The City referred the documentsfor review and comment to the State Water Resources Control Board, TehamaCounty Air Pollution Control District, Tehama County Department of Public Worksand the Tehama County Planning Department whose Director is the LAFCOExecutive Director. None of the above agencies commented, except for theDepartment of Fish and Wildlife and Tehama County Department of Public Works.None of the comments received dealt with groundwater issues.
5. On August 12, 2015, the City of Corning City Council voted to join the County ofTehama Flood Control and Water Conservation District and other water agenciesoperating in Tehama County to develop a Groundwater Sustainability Plan. AGroundwater Sustainability Agency wil be formed by June 30, 2017 and willcomplete the Sustainabilty Plan by January 31,2022."
The foregoing Resolution was adopted by the City Council of the City of Corningon this 8th day of September, 2015, by the following vote:
AYES:
NAYS:
ABSTAINING:
ABSENT:
Gary R. Strack, Mayor
ATTEST:
Lisa M. Linnet, City Clerk
I, Lisa M. Linnet, City Clerk of the City of Corning, California, DO HEREBY CERTIFY thatthe foregoing Resolution (Resolution 09-08-2015-01) was duly introduced, approved andadopted by the City Council of the City of Corning at a regular meeting of said Councilheld on the 8th day of September, 2015 by the votes listed above.
Lisa M. Linnet, City Clerk
FROM:
ITEM NO.: J-13APPROVE CONTRACT CHANGE ORDER #3INCREASING THE PROJECT BY $10,782.18 FOR ACONTRACT COST OF $458,492.45; APPROVEPARTIAL PAYMENT ESTIMATE IN THE AMOUNT OF$13,266.18; ACCEPT NOTICE OF COMPLETION ANDAUTHORIZE RELEASE OF RETENTION AFTER THEREQUIRED 35-DAY WAITING PERIOD TO STIMPEL-WIEBELHAUS FOR THE 2015 CDBG STREET PAVINGPROJECT
SEPTEMBER 8, 2015
HONORABLE MAYOR AND COUNCILMEMBERSOF THE CITY OF CORNING
JOHN L. BREWER, AICP; CITY MANAGER ~DAWN GRINE, DIRECTOR OF PUBLIC WORKS v~ED ANDERSON, CITY ENGINEER
TO:
SUMMARY:Staff recommends that City Council approve Contract Change Order No. 3 increasing the
street project by $10,782.18 for a total contract cost of $458,492.45 to Stimpel-Wiebelhaus for the2015 CDSG Street Paving Project. The City Engineer and Director of Public Works have provided theattached Contract Change Order justification for Council to review. Progress Payment Estimate NO.3in the amount of $13,266.18 is also attached for Council review.
Original Construction Contract $ 452,485.00CCO No.1 (approved 6/9/15) $ (14,550.88)CCO No.2 (approved 8/11/15) $ 9,776.15CCO NO.3 (oendina aoorova/) $ 10.782.18
Adjusted Contract Amount $ 458,492.45
PPE No.1 (aoDroved 7/28/15)Work Completed $ 96,172.34Retention to be held (5%) $ 4.808.61Total paid to Contractor $ 91,363.73
PPE NO.2 (aPDroved 8/25/15)Work Completed $ 349,053.93Retention to be held (5%) $ 17.452.25Total paid to Contractor $ 331,601.68
PPE NO.3 (oendina aoorova/)Work Completed $ 13,266.18Retention to be held (5%) $ 663.76Total paid to Contractor $ 12,602.42
Retention Release after the required 35-dav waitinQ Deriod (oendina aoorova/)Work Completed $ 458,492.45Contractor previously paid $ 435.567.83Total Due Contractor $ 22,924.62Remaining Contract Amount: $0
i,
FUNDING:
CDBG (Community Development Block Grant) Contract No. 12-CDBG-8379 a grant in theamount of $100,000 is currently being utilzed in the updating process to the City of Corning GeneralPlan. A condition of Housing and Community Development (H&CD) (the administering agency) isthat the City must expend its current Program Income money before being funded for any furthergrant activity. In October 2014 Council accepted Resolution 10-14-201-01; a Resolution authorizingif Supplemental Activity" to CDBG (Community Development Block Grant) Contract No. 12-CDBG-8379. This action places the City in compliance with H&CD conditions and allows the City to moveforward with expenditure of the Program Income funds which to date totals $455,362.92 and
authorizes expenditure of up to $30,000 from the FY 2015-2016 City of Corning budget Street
Maintenance (Gas Tax) Funds as a 10% contingency to support this paving project.
This project falls $26,870.47 under budget having utilized all of the Program Income Fundingand only $3,129.53 of the allowable contingency.
BACKGROUND:Contractor Stimpel-Wiebelhaus was awarded this project at the June 9, 2015 City Council
Meeting. The base bid for this project included two city streets; The Base Bid includes a segment ofSolano Street (west of the 1-5 Freeway) and a second segment of Solano Street (between ToomesAvenue and West Street). Additive Bid No.1 includes Third Street (between Solano Street andBlackburn Avenue) and Additive Bid NO.2 includes a segment of Solano Street that lies betweenWest Street and 6th Street.
RECOMMENDATION:
Mayor and Council:
1. Approve Contract Change Order No.3 increasing the contract amount by $10,782.18 fora total contract amount of $458,492.45;
2. Approve Partial Payment Estimate No.3 in the amount of $13,266.18;
3. Retain the 5% Contract Retention of $663.76;
4. Issue payment in the amount of $12,602.42 to Stimpel-Wiebelhaus Associates for the2015 CDBG Street Paving Project;
5. Accept the Notice of Completion, and
6. Release Retention (Partial Payment Estimate No. 4/Final) in the amount of $22,924.62after the required 35-day waiting period.
CONTRACT CHANGE ORDER
Order No_ ~ Date: August 25. 2015
Contract for: 2015 CDBG Street Paving Project
Owner: City of Coming. 794 Third Street. Coming:. CA 96021
To: Stimpel- Wiebelhaus Associates. Inc. P.O. Box 492335. Redding. CA 96049
You are hereby requested to comply with the following changes from the contract plans and specifications.Description of Changes DECREASE INCREASE
In Contract Price In Contract Price
1) Additional 11,637 S.P. asphalt paving at + $13,266.18intersection of Third and Solano StreetsBid Item Al.2
2) Delete curb retur at the N/W comer of ($2,484.00)Colusa and Third Streets. Bid Item A1.9
Net Change: + $10,782.18JUSTIFICATIONS:
1. Additional asphalt paving: During the paving work city staff decided to have theContractor pave the entire intersection of Third Street and Solano Street up to therailroad right-of-way. This additional paving stil allows us to stay within theoriginal project budget and wil essentially complete the Solano and Third Streetoverlay all the way though the downtown area, except for the upcomingdowntown enhancement project, scheduled for completion next sumer.
2. Delete curb retur: It was decided that the proposed replacement/improvement of
the curb retur and sidewalk at the nortwest comer of Third Street and ColusaStreet would serve no useful purose because of the lack of sidewalk along thestreets leading up to the comer.
Contract Change Order No.3Page 2
The original contract total ($452.485.00) including this and previous change order wil beincreased by $6.007.45 for a new contract total of: $ 458.492.45
The contract completion date wil remain at: August 10. 2015
This document wil become a supplement to the Contract and all provisions wil applyhereto.
Requested: Date:City of Coming
Recommended: I). S. (&, ~.J.E. (Ed) Anderson
Date: August 25.2015
Accepted:Stimpel- Wiebelhaus Associates, Inc.
Date:
PARTIAL PAYMNT ESTIMATE
2015 CDBG Street Paving Project Parial Payment Estimate No.3
OWNR: CONTCTOR: PERIOD OF ESTIMTE:
City of Coming, CA Stimpel-Wiebelhaus Associates From: 8/19/15 though 8/25/15
TOTAL $20,558.33 ($14,550.88) 9. Amount Due (6-7-8) $12.602.42
NET CHAGE $6,007.45
CONTRACT TIMOriginal (days) 45Revised: On Schedule x Yes Staing Date: 6/27/15
Remainig; Q 0 No Projected Completion: 8/10/15
CONTCTOR'S CERTIFCATION: ENGINER'S CERTIFCATION:The undersigned Contractor certifies that to the best of The undersigned certifies that the work has been carefullytheir knowledge, information and belief the work covered inspected and to the best of their knowledge and belief,by this payment estimate has been completed in accordance the quantities shown in this estimate are correct and thewith the contract documents, that all amounts have been work has been pedormed in accordance with the contractpaid by the contractor for work for which previous payment documents.estimates was issued and payments received from the owner,and that current payment shown herein is now due.
Contractor: City Engineer: p. S. (S¿)~By: Stimpel- Wiebelhaus Associates By: Ed Anderson
Date Date: August 25. 2015
APPROVED BY OWNR:
OwnerBy: John L. Brewer, AICP; City Manager
Date
WHEN RECORDED MAIL TO:
City of Corning794 Third StreetCorning, CA 96021
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner or agent of the owner of the interest or estate stated below in thepropert hereinafter described.
2. The full name and address of the undersigned owner is City of Corning, 794 Third Street,Corning, CA 96021.
3. There was completed the construction of the 2015 CDBG Street Paving and ReconstructionProject located on Solano Street; West of 1-5 Freeway & Solano Street; Between ToomesAvenue and West Street. Also included as additive bids; Third Street; Solano Street toBlackburn Avenue and Solano Street; West Street to 6th Street. Subsequently added to theProject as a Contract Change Order was 1-5 & Solano Signage, removal of old reinforcedconcrete drain & Installation of Thermo-Plastic pavement markings.
4. The work has been satisfactorily completed and is suitable to be put into use as of Auoust 25.2015 and has therefore been accepted for ownership and operation by: The City Council ofthe City of Cornino at a Reoular Council Meetina. on September 8, 2015.
5. The name of the General Contractor was: Stimpel-Wiebelhaus Associates. Inc. P.O. Box
492335. Reddino. CA 96049 under a contract dated: June 24. 2015.
6. The propert herein referred to is situated in the City of Corning, Tehama County, and State ofCalifornia and more particularly described as follows: City of Cornino. 794 Third Street.Cornino. CA 96021.
Date: September 9. 2015 Signature of Owner or agent of owner:John L. Brewer, AICPCity Manager
Verification for Non-Individual owner: I, the undersigned, declare under penalty of perjury under thelaws of the State of California that I am the City Manaoer of the aforesaid interest or estate in theproperty described.
In the above notice; that I have read the said notice, that I know and understand the contents thereofand that the facts stated therein are true and correct.
Date: September 9. 2015John L. Brewer, AICP; City ManagerCity of Corning, California
PARTIAL PAYMENT ESTIMATE Tl . ~ .
2015 CDBG Street Paving Project Parial Payment Estimate No. 4/Final
OWNR: CONTCTOR: PERIOD OF ESTIMTE:
City of Coming, CA Stimpel-Wiebelhaus Associates From: 8/19/15 though 8/25/15
TOTAL $20,558.33 ($14,550.88) 9. Amount Due (6-7-8) $22.924.62
NET CHAGE $6,007.45
CONTRACT TIMOriginal (days) 45Revised: On Schedule x Yes Staring Date: 6/27/15
Remainng; Q 0 No Projected Completion: 8/10/15
CONTRACTOR'S CERTIFCATION: ENGINER'S CERTIFCATION:The undersigned Contractor certifies that to the best of The undersigned certifies that the work has been carefullytheir knowledge, information and belief the work covered inspected and to the best of their knowledge and belief,by this payment estimate has been completed in accordance the quantities shown in this estimate are correct and thewith the contract documents, that all amounts have been work has been performed in accordance with the contractpaid by the contractor for work for which previous payment documents.estimates was issued and payments received from the owner,and that currnt payment shown herein is now due.
Contractor: City Engineer: p. S. (UJ~By: Stimpel- Wiebelhaus Associates By: Ed Anderson
Date Date: August 25. 2015
APPROVED BY OWNR:
OwnerBy: John L. Brewer, AICP; City Manager
Date
ITEM NO: J-14RATIFY APPOINTMENT OFLORI SIMS AS DEPUTY CITYTREASURER
September 8, 2015
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: PALA CANTRELL, CITY TREASURE~
SUMMARY:
In order to ensure cross training of our City Staff, and to ensure continuedcoverage in my absence, I am requesting authorization to appoint Lori Sims as DeputyCity Treasurer in accordance with City Code Section: 2.08.050 "Clerk and Treasurer-Deputies." No additional compensation is proposed.
I am now recommending Council Ratification of my proposed appointment. Ihave confirmed with the City Attorney that City residency is not required for anappointed Deputy City Treasurer.
BACKGROUND:
The City's Municipal Code reads as follows:Section 2.08.050, Clerk and Treasurer - Deputies. The City Clerk and theCity Treasurer shall have the authority to appoint such Deputies as arerequired for a complete performance of the duties of the respective
Officers, but the salaries or wages of such Deputies or Employees shall befixed by the City Council, and the City Council shall approve the
employment of such Deputy or Employee. In the absence of the approvalof such employment, such Employee shall not be employed. The CityCouncil may designate the Mayor or some other Officer to approve ordisapprove the employment of any Deputy or Employee on behalf of theCity CounciL. (Ord. 161 5, 1959).
Attached for your information is a copy of the City Attorney's review and
recommendation regarding the appointment, along with a case law summary, whichindicates that, "Appointed City Clerk's cannot be required to live in the City..."
RECOMMENDATION:
CITY TREASURER PALA CANTRELL RECOMMENDS THAT COUNCILAPPROVE THE HER APPOINTMENT OF LORI SIMS AS DEPUTY CITYTREASURER.