HomeMy WebLinkAboutRFI15-0364 Minutes from May 19, 2015 BOS Meeting - NikolausenBUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
PAGE 16
5.02 9:45 a.m. - Public Hearing - Mitigation and Monitoring Reporting Program for Use Permit UP10-0003
(Helena Chemical) - On February 26, 2013, the Board of Supervisors approved Helena Chemical
Company's request for a Conditional Use Permit (UP10-0003), subject to conditions, including Condition
of Approval No. 8 requiring the Director of Development Services to schedule a public hearing before
the Board of Supervisors to review compliance with conditions of approval and any traffic issues on the
Midway and Nelson Road. Helena Chemical Company has submitted a Mitigation Monitoring and
Reporting Program (MMRP), providing a status update on the project's compliance with conditions of
approval and mitigation measures required of the project at time of approval. No traffic accidents near
the intersection of Nelson Ave and Midway have been reported to the California Highway Patrol or
Butte County Department of Public Works to date following construction of Helena's bulk fertilizer
building - action requested - STAFF RECOMMENDS THAT THE THAT THE BOARD OF SUPERVISORS
ACCEPT THE MITIGATION AND MONITORING REPORT FOR HELENA CHEMICAL'S NELSON, CA USE
PERMIT UP10-0003. (Development Services)
STACEY JOLLIFFE, PRINCIPAL PLANNER, PROVIDED A REPORT TO THE BOARD. GARRETT WITH HELENA
ANSWERED QUESTIONS FROM SUPERVISOR LAMBERT.
MOTION: I MOVE TO ACCEPT THE MITIGATION AND MONITORING REPORT FOR HELENA CHEMICAL'S NELSON, CA
USE PERMIT UP10-0003. (MOTION: LAMBERT; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 - 0 5.03 10:30 a.m. - Timed Item - Loch Lomond Glen Foundation - Request for Waiver of County Use Permit,
Building and Impact Fees - Loch Lomond Glen Foundation, a non-profit 501(c)(3) organization, has
requested that the Board of Supervisors waive all County fees associated with a park. The Foundation
has filed applications for associated building permits and will be filing an application for a Conditional
Use Permit for the existing park and proposed expansion. The park site is located at 14988 Nimshew
Road, Magalia (APN 065-500-030). Butte County Code Section 1-18 allows the Board of Supervisors to
waive fees under certain circumstances: "The Board of Supervisors may waive all or part of any fee set
forth in the Butte County Code that they have the legal authority to waive, if the applicant is a public
entity or nonprofit charitable organization or if the Board of Supervisors finds that it is otherwise in the
public interest to do so." Requested County fees to be waived are for building permits and a Conditional
Use Permit of $9,906.74 (of which they have paid $2,699.40 in building permit fees). Pursuant to
Government Code Section 66001, the waiver of any development impact fees requires a corresponding
transfer to the development impact fee fund. If the Board chooses to waive the development impact
fees, a budget adjustment from the General Fund Appropriation for Contingencies is required. The
amount of County impact fees requested to be waived would be $3,743.42. Staff recommends the Board
of Supervisors find in the public interest to waive the fees for the Conditional Use Permit ($3,990.44), but
deny the request to waive the building permit and County impact fees. Staff also recommends that the
fee waiver for the Conditional Use Permit not be applicable until after the building permit and impact
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
PAGE 17
fees are paid. This is due to the fact that the buildings and decks were installed without permits - action
requested - FIND THAT IT IS IN THE PUBLIC INTEREST AND WAIVE CONDITIONAL USE PERMIT (CUP) FEES,
BUT DENY THE WAIVER OF BUILDING PERMIT AND IMPACT FEES. THE CUP FEE WAIVER WOULD BE VALID
UPON PAYMENT AND COMPLIANCE OF BUILDING CODE REQUIREMENTS AND IMPACT FEES.
ALTERNATIVE ACTIONS:
1. DENY THE REQUESTED WAIVER OF FEES; -OR-
2. FIND THAT IT IS IN THE PUBLIC INTEREST AND WAIVE CONDITIONAL USE AND BUILDING PERMIT FEES,
BUT DENY THE WAIVER OF IMPACT FEES; -OR-
3. FIND THAT IT IS IN THE PUBLIC INTEREST AND WAIVE CONDITIONAL USE PERMIT, BUILDING PERMIT
AND IMPACT FEES AND APPROVE A BUDGET ADJUSTMENT USING GENERAL FUND APPROPRIATION FOR
CONTINGENCIES TO OFFSET THE IMPACT FEE WAIVER (4/5 vote required). (Development Services)
MARK MICHELENA, SENIOR PLANNER WITH DEVELOPMENT SERVICES, PROVIDED A REPORT.
KRIS NIKOLAUS0N, THE PROPERTY OWNER, ADDRESSED THE BOARD.
MOTION: I MOVE TO FIND THAT IT IS IN THE PUBLIC INTEREST AND WAIVE CONDITIONAL USE PERMIT (CUP) FEES
AND THE LIGHT POLE FEES, BUT DENY THE WAIVER OF THE REMAINING BUILDING PERMIT AND IMPACT
FEES. THE CUP FEE WAIVER AND THE LIGHT POLE FEE WAIVER WOULD BE VALID UPON PAYMENT AND
COMPLIANCE OF BUILDING CODE REQUIREMENTS AND IMPACT FEES. (MOTION: TEETER; SECOND:
CONNELLY)
VOTE: Motion APPROVED 5 - 0 5.04 11:00 a.m. - Public Hearing Regarding Non-responsibility of Low Bidder and Award of Contract to Second
Lowest Bidder - The Public Works Department recently opened bids on the Module 5 Phase A Excavation
County Project No. 757-7515-01 (the "Current Project") at the Neal Road Recycling & Waste Facility (the
"Facility"). The low bidder was Nichelini General Engineering Contractors, Inc. ("Nichelini"). Nichelini
recently completed work on the Modules 1 and 3 Temporary Cover Project (the "Temporary Cover
Project") at the Facility. The Department believes that Nichelini is not a responsible bidder, based on
Nichelini's poor performance during the Temporary Cover Project. As a result, the department
recommends the Board: 1) hold a hearing to determine Nichelini's non-responsibility; 2) consider the
evidence presented by the department and Nichelini regarding whether Nichelini is a responsible bidder;
3) determine that Nichelini is not responsible and adopt the resolution to make the required finding; and
4) award the contract for the Current Project to the lowest responsive and responsible bidder, Wood
Brothers, Inc. A memorandum more fully explaining the basis for this recommendation is included in the
staff report - action requested - 1) CONDUCT HEARING REGARDING NON-RESPONSIBILITY OF NICHELINI
GENERAL ENGINEERING CONTRACTORS, INC.; 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN; AND 3) AWARD THE CONTRACT FOR THE MODULE 5 PHASE A EXCAVATION COUNTY PROJECT NO.
757-7515-01 TO WOOD BROTHERS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER. (Public
Works/County Counsel)
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS, INTRODUCED THIS ITEM. KATHLEEN GREESON, DEPUTY