City of Biggs City Council Meeting Agenda
Regular Meeting of Tuesday, July 11, 2023, 5:00 PM
3016 Sixth Street, Biggs, CA
Posted: July 7, 2023, prior to 5:00 PM, location: 3016 Sixth Street, Biggs, CA.
Copies of this agenda packet are available for review in Biggs City Hall 465 C Street, Biggs, CA.
Or at www.biggs-ca.gov
Public comments on agenda items are welcomed and encouraged in advance and will be accepted until 3:00 PM. on the meeting date by emailing the City Clerk at [email protected] or via the drop box at 465 C Street.
Comments will be conveyed to the Council for consideration.
Following the Governor’s termination of the Proclamation of a State of Emergency issued on March 4, 2020, the Council will no longer be operating under the modified open meeting rules of Assembly Bill 361. It will operate under the traditional provisions of the Brown Act, with all meetings open to the public and all Council members attending in person. As a continued courtesy to the public, the meeting will be broadcast free via the internet - no comments will be allowed remotely. The zoom link to watch the meeting is https://us06web.zoom.us/j/5308680100.
Speaking Time Limit: Three-minute time limit for each speaker unless Council specifies a different time limit based on the time allotted for the item and/or the number of speakers.
Written Materials: Council is unable to read written materials presented at the meeting. If a person intends to appear before the Council and provide written material, that written material should be delivered to the City Clerk at least 10 days in advance of the meeting date.
Cell Phones and side conversation: Please silence all cell phones, side conversations and other disturbances during the meeting.
ADA Compliance: It is the intention of the City of Biggs to comply with the Americans with Disabilities Act (ADA). If, as an attendee or a participant at the meeting, you need special assistance beyond what is normally provided, the City of Biggs will attempt to accommodate you in every reasonable manner. Please contact the City Clerk’s at (530) 868-0102 at least 72 hours prior to the meeting to enable staff to make reasonable arrangements.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PUBLIC COMMENT
Members of the public may address the City Council on matters which are not listed on this agenda. The City Council may not discuss nor take action on any item not listed on the agenda.
Please limit your comments to 3 minutes.
City of Biggs City Council Meeting Agenda
Regular Meeting of Tuesday, July 11, 2023, 5:00 PM
3016 Sixth Street, Biggs, CA
5. PRESENTATIONS
A. Public Safety
1. BCSO Report
2. CalFire Contract
B. Public Works
6. PUBLIC HEARINGS:
A. Delinquent Charges
The Council is asked to approve and confirm a report of delinquent charges and authorize the City Clerk to effectuate the levy of delinquent charges.
1. Staff comments.
2. Opening hearing to the public.
a. Proponents.
b. Opponents.
c. Proponents’ rebuttal.
d. Opponents’ rebuttal.
3. Close hearing to the public.
4. Council discussion.
Recommendation: Approve Resolution No. 2023- 13, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BIGGS APPROVING AND CONFIRMING THE
REPORT OF DELINQUENT CHARGES AND AUTHORIZING THE CITY CLERK
TO TAKE NECESSARY ACTIONS TO EFFECTUATE THE LEVY OF
DELINQUENT CHARGES IDENTIFIED IN THE REPORT.”
B. Use Permit 2023-02 Havoc Strength Training – 3095 Fifth Street The applicant is requesting approval of a use permit for a major home occupation to allow a personal fitness training business inside a detached garage, and to allow tandem parking.
1. Staff comments.
2. Opening hearing to the public.
a. Proponents.
b. Opponents.
c. Proponents’ rebuttal.
d. Opponents’ rebuttal.
3. Close hearing to the public.
City of Biggs City Council Meeting Agenda
Regular Meeting of Tuesday, July 11, 2023, 5:00 PM
3016 Sixth Street, Biggs, CA
4. Council discussion.
Recommendation: Motion/Second to approve Resolution No. 2023-14, “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIGGS APPROVING USE PERMIT 2023-02, (Havoc Strength & Conditioning) 3095 Fifth Street, APN 001- 032-001.”
C. Sutter Butte Basin Regional Levee Improvement Development Impact Fee (Nexus Study) and Related Collection Agreement
The purpose of the Regional LDIF is to ensure complete and full levee improvements to provide 200-year level of protections to the urban (Northern) portion of the Sutter-Basin and 100-year level of protection to the rural (Southern) portion of the Basin.
1. Staff comments.
2. Opening hearing to the public.
a. Proponents.
b. Opponents.
c. Proponents’ rebuttal.
d. Opponents’ rebuttal.
3. Close hearing to the public.
4. Council discussion.
Recommendation: Motion/Second to approve Resolution No. 2023-15, “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIGGS APPROVING
THE SUTTER BUTTE BASIN REGIONAL LEVEE PROGRAM DEVELOPMENT IMPACT FEE NEXUS STUDY; APPROVING THE AGREEMENT OF
COLLECTION OF THE SUTTER BUTTE BASIN REGIONAL PROGRAM
DEVELOPMENT IMPACT FEE; AND AUTHORIZING THE CITY
ADMINISTRATOR TO EXECUTE THE COLLECTION AGREEMENT.”
D. Introduction and First Reading of an Ordinance, Amending the City of Biggs Municipal Code, Title 11, and Adoption of the Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee
With the adoption of the December 14, 2022, Nexus Study as part of the previous item on this Agenda, the City Council has taken the first step in the process of implementing the Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee (Regional LDIF). The Nexus Study provides the basis for the proposed Regional LDIF to ensure that new development pays its proportionate share of the levee improvement costs need to provide protection.
1. Staff comments.
City of Biggs City Council Meeting Agenda
Regular Meeting of Tuesday, July 11, 2023, 5:00 PM
3016 Sixth Street, Biggs, CA
2. Opening hearing to the public.
a. Proponents.
b. Opponents.
c. Proponents’ rebuttal.
d. Opponents’ rebuttal.
3. Close hearing to the public.
4. Council discussion.
Recommendations: Motion/Second to approve Resolution No. 2023-16, “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIGGS
ESTABLISHING THE SUTTER BUTTE BASIN REGIONAL LEVEE
IMPROVEMENT PROGRAM DEVELOPMENT IMPACT FEE.”
Motion/Second to introduce by reading of title only, Ordinance No. 432, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIGGS, STATE OF CALIFORNIA, AMENDING BIGGS MUNICPAL CODE, TITLE 11 BUILDINGS AND CONSTRUCITON, BY THE ADDITION OF A NEW CHAPTER 11.46,
SUTTER BUTTE BASIN REGIONAL LEVEE IMPROVEMENT PROGRAM
DEVELOPMENT IMPACT FEE.”
7. CONSENT AGENDA
A. Approval of warrants: 37671 – 37748, 61420231, 62020231, and 9302770 – 9302802 for the month of June 2023 in the amount of $503,367.42.
B. Approval of Regular Council Meeting Minutes of June 13, 2023.
C. Adopt Resolution No. 2023-17, “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIGGS ADOPTING THE ‘GANN’ APPROPRIATION LIMIT FOR FISCAL YEAR 2023-2024.”
D. Adopt Resolution No. 2023-18, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BIGGS CERTIFYING TO THE COUNTY OF BUTTE THE VALIDITY OF
THE LEGAL PROCESS USED TO PLACE DIRECT CHARGES (SPECIAL
ASSESSMENTS) ON THE SECURED TAX ROLL FOR THE NORTH BIGGS ESTATES COMMUNITY FACILITIES DISTRICT.”
E. Receive and file Power Content Label Information.
F. Approve Second Reading and Adoption of Ordinance No. 431 by reading of title only, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIGGS REZONE 2023-01 ASSESSOR PARCEL NUMBERS 001-103-007 and 022-160-091” with Exhibit I Plats to Accompany Rezone 2023-01.
Action: It is recommended items “A” through “F” be acted on simultaneously unless separate actions are requested by a Councilmember or a member of the audience.
Recommendation: Motion/Second to approve the consent calendar.
City of Biggs City Council Meeting Agenda
Regular Meeting of Tuesday, July 11, 2023, 5:00 PM
3016 Sixth Street, Biggs, CA
8. DEPARTMENT REPORTS
A. Planning:
1. Activity Report.
2. Discussion/Action: Ordinance No. 430 Adoption.
At its meeting of June 13, 2023, the City Council introduced a draft ordinance regulating Personal Services in commercial zoning districts. Following the close of the public hearing and deliberations, the Council directed staff to revise the ordinance to permit Personal Services as-of-right in the DMU, C-G, and C-O zoning districts.
Recommendation: Motion/Second to adopt second reading of Ordinance No. 430 by reading of title only, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIGGS AMENDING TITLE 14 ZONING OF THE MUNICIPAL CODE
REGARDING PERSONAL SERVICES (UNCODIFIED).”
B. Engineering: Activity Report.
C. Flood Control
D. Electric
E. BCAG
F. Air Quality
G. Solid Waste
H. Butte County Mosquito and Vector Control
I. SCORE
J. LAFCO
K. Biggs Unified School District
L. Other Commission Reports
M. City Administrator
City of Biggs City Council Meeting Agenda
Regular Meeting of Tuesday, July 11, 2023, 5:00 PM
3016 Sixth Street, Biggs, CA
1. Discussion/Action: Designating Biggs Industrial Park With the completion of the wastewater treatment facility, a roughly 3-acre piece of property remains and is currently being leased to two tenants.
Recommendation: Designate the City Property at 2837 W. Biggs Gridley Road as the Biggs Industrial Park. Authorize Staff to conduct a study on current tenants’ lease rates and terms, the market for Industrial properties, potential costs, and anticipated revenuegenerating uses for the property and return at the next regular meeting.
2. Discussion/Action: Accessory Dwelling Units Workshop In April of 2022, the Council changed the Municipal Code to implement California law SB2. Those changes allow for the streamlined construction of accessory dwelling units on existing parcels within the City of Biggs.
Recommendation: Authorize staff to conduct a public workshop.
3. Discussion/Action: National Night Out – August 1st
National Night Out is an annual community-building campaign that promotes policecommunity partnerships and neighborhood camaraderie to make our neighborhoods safer, more caring places to live.
Recommendation: Designate August 1, 2023, as National Night Out for Biggs and direct staff to coordinate with the Sheriff’s Office to accomplish the goals of increased police-community cooperation.
4. Discussion/Action: Contract Award for Per Capita Improvements Project The City of Biggs applied for grant funding for Family Park and Rio Bonito Park.
Biggs was awarded a grant to be used at both locations for $177,952.00. Due to the instability of the construction industry, the project exceeded the projected construction cost estimate budgeted in the Grant.
The City of Biggs solicited public bids and four bids were received with Northstate Earth and Water Inc. being the lowest bidder at $192,128.00.
Recommendation: Authorize the City Administrator to execute a contract with Northstate Earth and Water Inc. in the amount of $192,128.00 for the construction of the Per Capita Park Improvements Project.
City of Biggs City Council Meeting Agenda
Regular Meeting of Tuesday, July 11, 2023, 5:00 PM
3016 Sixth Street, Biggs, CA
5. Discussion/Action: Designation of Voting Delegate and Alternates Every year the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo.
Recommendation: Designate voting delegate and up to two alternates to represent the City of Biggs and to vote on resolutions at the League of California Cities Annual Conference and Expo, September 20-22, 2023, Sacramento SAFE Credit Union Convention Center.
9. INFORMATIONAL
10. ADJOURNMENT
Presented by July 7, 2023
Roben Benish, City Clerk