MINUTES OF THE CITY OF BIGGS
REGULAR COUNCIL MEETING July 11, 2023
COUNTY OF BUTTE, STATE OF CALIFORNIA
The regular council meeting was called to order at 5:00 p.m. by Vice Mayor Nuchols. Staff present: Administrator Josh Cook, City Attorney Greg Einhorn, City Planner Bob Summerville, and City Clerk Roben Benish.
1. MEETING CALLED TO ORDER: Vice Mayor Nuchols
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL:
Present: Buck, Sheppard, Squires, Nuchols
Absent: Bassett
4. PUBLIC COMMENT: Dan Boeger addressed the council regarding development of property in the City of Biggs and asked that this item be added to the next agenda.
5. PRESENTATIONS
A. Public Safety
1. BCSO report by Deputy Voris, Smith and CSO Moreland.
2. CalFire update by City Administrator Josh Cook.
B. Public Works update by City Administrator Cook.
6. PUBLIC HEARINGS:
A. Delinquent Charges.
1. City Administrator Cook asked Council to approve and confirm a report of delinquent utility charges.
2. Vice Mayor Nuchols opened the hearing to the public.
3. With no public comments, Vice Mayor Nuchols closed the hearing.
4. Motion/Second to 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.” (Sheppard/Squires, MCU; Absent: Bassett)
MINUTES OF THE CITY OF BIGGS July 11, 2023
REGULAR COUNCIL MEETING
B. Use Permit 2023-02 Havoc Strength Training at 3095 Fifth Street.
1. City Planner Bob Summerville informed Council that the applicant was 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.
2. Vice Mayor Nuchols opened the hearing to the public. a. Proponents: Applicant Casandra Jimenez, Allen Byers, Patty Ramirez, and Delaina Watson spoke in favor of approval.
b. There were no opponents.
3. Vice Mayor Nuchols closed the hearing to the public.
4. Motion/Second to adopt 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” and allow tandem parking and five clients per session. (Buck/Sheppard, MCU; Absent: Bassett) C. Sutter Butte Basin Regional Levee Improvement Development Impact Fee (Nexus Study) and Related Collection Agreement.
1. Sutter Butte Flood Control Agency Director Michael Bessette and Seth Wurzel gave a presentation on the purpose of the Regional LDIF which 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. The would be a one-time fee for new development.
2. Vice Mayor Nuchols opened the hearing to the public.
3. With no public comment, Vice Mayor Nuchols closed the hearing to the public.
4. 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.” (Sheppard/Squires, MCU; Absent: Bassett) 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.
1. 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 MINUTES OF THE CITY OF BIGGS July 11, 2023
REGULAR COUNCIL MEETING
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 needed to provide protection.
2. Vice Mayor Nuchols opened the hearing to the public.
3. With no public comment, Vice Mayor Nuchols closed the hearing to the public.
4. 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.” (Sheppard/Squires, MCU; Absent: Bassett)
Motion/Second to introduce Ordinance No. 432 by reading of title only, “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIGGS, STATE OF CALIFORNIA, AMENDING BIGGS MUNICIPAL CODE, TITLE 11 BUILDINGS AND CONSTRUCTION, BY THE ADDITION OF A NEW CHAPTER 11.46,
SUTTER BUTTE BASIN REGIONAL LEVEE IMPROVEMENT PROGRAM
DEVELOPMENT IMPACT FEE.” (Sheppard/Squires, MCU; Absent: Bassett)
7. CONSENT CALENDAR:
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.
Motion/Second to approve consent calendar. (Sheppard/Buck, MCU; Absent; Bassett)
8. DEPARTMENT REPORTS:
A. Planning:
1. City Planner Bob Summerville reviewed the monthly planning activity report.
2. Ordinance No. 430 Adoption.
MINUTES OF THE CITY OF BIGGS July 11, 2023
REGULAR COUNCIL MEETING
Mr. Summerville stated at the last City Council Meeting, Council introduced a draft ordinance regulating Personal Services in commercial zoning district. Council directed staff to revise the ordinance to permit Personal Services as-of-right in the DMU, C-G, and C-O zoning Districts.
Motion/Second to adopt 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 PERSON SERVICES.” (Sheppard/Squires, MCU; Absent: Bassett)
B. Engineering: Report include in agenda.
C. Sutter Butte Flood Control Agency (SBFCA). Update by Councilmember Sheppard D. Electric. Update by Councilmember Sheppard.
E. BCAG. No report.
F. Air Quality. No report.
G. Solid Waste. No report.
H. Butte County Mosquito and Vector Control. Update by Councilmember Sheppard.
I. SCORE. No report.
J. LAFCo. Update by Councilmember Sheppard.
K. Biggs Unified School District. No report.
L. Other commission reports. None
M. City Administrator.
1. Designating Biggs Industrial Park
City Administrator Cook suggested designating the City Property at 2837 W. Biggs Gridley Road as the Biggs Industrial Park. Council was interested in further discussion of this idea.
2. Accessory Dwelling Units Workshop
City Administrator Cook suggested conducting a public workshop to discuss the construction of accessory dwelling units. Council concurred.
MINUTES OF THE CITY OF BIGGS July 11, 2023
REGULAR COUNCIL MEETING
3. National Night Out
City Administrator Cook asked the council to designate August 1, 2023, as National Night out.
Motion/Second to 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 policecommunity cooperation. (Buck/Nuchols, MCU; Absent: Bassett)
4. Contract Award for Per Capita Improvement Project
City Administrator Cook reminded Council 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 estimated budgeted in the Grant.
After soliciting public bids for the project, the City received four bids with the lowest bidder at $192,128.00. Council had several questions about the project and agreed to bring this item back.
5. Designation of Voting Delegate and Alternates
Motion/Second to designate Brain Bassett as the voting delegate and Bo Sheppard as the alternate 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. (Sheppard/Nuchols, MCU; Absent: Bassett)
9. INFORMATIONAL: None
10. ADJOURNMENT: Council adjourned the regular meeting at 6:38 p.m.
ATTEST: APPROVED:
Roben Benish, CITY CLERK Brian Bassett, MAYOR