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Home My WebLink About MARCH 6 MBHCP AGENDA AGENDA Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group March 6, 2014 at 10:00 a.m. County of Kern Administrative Center Fourth Floor Hearing Room 1115 Truxtun Avenue Bakersfield, CA 93301 IMPLEMENTATION TRUST GROUP TO RECONVENE Implementation Trust Group: Jim Eggert – City of Bakersfield (Chair); Lorelei Oviatt – County of Kern (Secretary); Annee Ferranti – CDFW Advisory Member; Thomas Leeman – USFWS Advisory Member; James Buchanan – Public At-Large Advisory Member. ROLL CALL PUBLIC PRESENTATIONS This portion of the meeting is reserved for persons to address the Implementation Trust Group on any matter not on this agenda but under the jurisdiction of the Implementation Trust Group. The Implementation Trust Group members may respond briefly to statements made or questions posed. They may ask a question for clarification and make a referral to staff to report back to the Implementation Trust Group at a later meeting. Also, the Implementation Trust Group may take action to direct the staff to place a matter of business on a future agenda. Speakers are limited to two minutes. Please state your name before making your presentation. CONSENT AGENDA * CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH AN * ASTERISK () ARE CONSIDERED TO BE ROUTINE AND NON-CONTROVERSIAL BY IMPLEMENTATION TRUST GROUP STAFF. CONSENT ITEMS WILL BE CONSIDERED FIRST AND MAY BE APPROVED BY ONE MOTION IF NO MEMBER OF THE TRUST GROUP OR AUDIENCE WISHES TO COMMENT OR ASK QUESTIONS. IF COMMENT OR DISCUSSION IS DESIRED BY ANYONE, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED IN LISTED SEQUENCE WITH AN OPPORTUNITY FOR ANY MEMBER OF THE PUBLIC TO ADDRESS THE TRUST GROUP CONCERNING THE ITEM BEFORE ACTION IS TAKEN; ANY MEMBER OF THE PUBLIC WISHING TO ADDRESS THE TRUST GROUP MUST FIRST STATE THEIR NAME FOR THE RECORD. STAFF RECOMMENDATIONS SHOWN IN CAPS AND UNDERLINED * APPROVE Minutes for the MBHCP Implementation Trust Group special meeting of 1. November 14, 2013. * Transmittal of FY 13-14 First & Second Quarterly Reports to the MBHCP Implementation 2. Trust Group – RECEIVE AND FILE. MBHCP Implementation Trust Group Page 2 Hearing Agenda March 6, 2014 *APPROVE payment to Mitch Van Wyk of an amount not to exceed $3,850 for the 3. purchase of a one-year subscription to CoreLogic Solutions, LLC’s MetroScan Online property data bases for Kern, Kings, and Tulare Counties. * For each property listed below, staff 4.Purchase of Habitat Mitigation Land: recommendation is as follows, with the specific purchase price recommendation listed with the property below: (1) MAKE FINDING THAT THE ACQUISITION IS CATEGORICALLY EXEMPT PURSUANT TO §15313 OF CEQA; (2) UPON (A) SELLER’S SIGNING OF A MEMORANDUM OF SALE AND ESCROW; AND (B) STAFF’S RECEIPT OF DOCUMENTATION FROM CDFG INDICATING CDFG’S INTENT TO ACCEPT TITLE TO THE PROPERTY AT THE CLOSE OF ESCROW, AUTHORIZE CITY OF BAKERSFIELD FINANCE DIRECTOR TO ISSUE WARRANT IN AMOUNT SUFFICIENT TO COVER PURCHASE PRICE; ESCROW COSTS; INCENTIVE INTEREST OF 0.583% OF SALE PRICE PER MONTH UNTIL THE RECORDATION OF A MEMORANDUM OF SALE AND ESCROW; REAL ESTATE TAXES FOR PERIOD WHICH THE MBHCP IS RESPONSIBLE; AND PRO RATA LIABILITY INSURANCE UNTIL THE CLOSE OF ESCROW, IF APPLICABLE, TO CHICAGO TITLE COMPANY FOR THE PURPOSE OF PAYING THE SELLER IN ACCORDANCE WITH THE SIGNED MEMORANDUM OF SALE AND ESCROW; (3) WITHIN 30 DAYS FOLLOWING CLOSE OF ESCROW, TRANSFER THE APPROPRIATE AMOUNT TO CDFG FOR ENHANCEMENT; AND WITHIN 6 MONTHS FOLLOWING CLOSE OF ESCROW, TRANSFER THE APPROPRIATE AMOUNT TO CDFW FOR ENDOWMENT, and; ‐‐ ‐‐‐‐ * APN 05823061 (80 acres) – being the S½ of SE ¼ of Section 7, T26S, R22E, MDM; APN ‐‐ 05828004 (351.45 acres) - being W ½ of Section 17, T26S, R22E, MDM; APN 05828031 ‐‐ (247.97 acres) - being a portion of E ½ of Section 17, T26S, R22E, MDM; APN 05828029 ‐‐ (358.50 acres) - being a portion of Section 18, T26S, R22E, MDM; APN 05828018 (175.10 acres) - being SE ¼ of Section 19, T26S, R22E, MDM; APN 05828034 (212.16 acres) - being a portion of the S ½ of Section 20, T26S, R22E, MDM; County of Kern. The acquisition is a total of 1,425.18 acres located approximately two miles east of Interstate 5 and two miles north of Highway 46. The property is owned by Kern County Water Agency and the proposed purchase price is $2,137,770 to be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $1,500 PER ACRE. * . 5Adjustment in cost per acre of previously approved property purchase * APN 046-120-21 (8.74 acres) – being a portion of the north half of Section 18, T25S, R23E, MDM, County of Kern; located south of Garces Hwy, 2.5 miles east of Corcoran Road. The property is owned by Donald Lord and the proposed purchase price is $14,000 to be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $1,601.42 PER ACRE. MBHCP Implementation Trust Group Page 3 Hearing Agenda March 6, 2014 * Request for authorization to purchase tax defaulted parcels for acquisition by the 6. MBHCP Implementation Trust Group as habitat mitigation land. For each property listed below, staff recommendation is as follows: ADOPT RESOLUTION AUTHORIZING THE PURCHASE OF TAX DEFAULTED PROPERTY FROM THE COUNTY OF KERN; (2) AUTHORIZE MBHCP TRUST ADMINISTRATOR TO FILE THE NECESSARY APPLICATIONS, AGREEMENTS AND OBJECTION-TO-SALE DOCUMENTS WITH THE KERN COUNTY TREASURER-TAX COLLECTOR; (3) AUTHORIZE IMPLEMENTATION TRUST GROUP CHAIRMAN TO EXECUTE THE NECESSARY AGREEMENT WITH THE KERN COUNTY BOARD OF SUPERVISORS; (4) AUTHORIZE FUNDS NECESSARY TO REIMBURSE KERN COUNTY FOR EXPENSES INVOLVED IN REMOVAL OF PARCELS FROM TAX SALE, INCLUDING PAYMENT OF BACK TAXES AND TAX PENALTIES FOR PARCELS, AND REQUIRED DEPOSITS. *APN 099-150-01 (5 acre site) — being a portion of the N ½ of SW ¼ of Section a. 10, T29S, R22E, MDM, County of Kern; located 1.5 miles north of Lokern Road, west of the California AqueductReimbursement costs are $600. . *APN 099-170-15 (1.25 acre site) — being a portion of N ½ of SE ¼ of Section b. 10, T29S, R22E, MDM, County of Kern; located1.5 miles north of Lokern Road, east of the California AqueductReimbursement costs are $2,000. . * Consideration of a request by the Rosedale Union School District to participate in the 7. Metropolitan Bakersfield Habitat Conservation Plan and to use the related Incidental Take Permits (ESA #PRT 786634, CESA Section 2081) for the Patriot Elementary School area of known San Joaquin kit fox dens. APPROVE THE REQUEST BY THE ROSEDALE UNION SCHOOL DISTRICT TO USE THE METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN AND RELATED INCIDENTAL TAKE PERMITS (ESA #PRT 786634, CESA SECTION 2081) IMPLEMENTATION TRUST GROUP MEMBER ANNOUNCEMENTS OR REPORTS On their own initiative, Implementation Trust Group members may make a brief announcement or a brief report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code §54954.2 (a)). ADJOURN TO CLOSED SESSION CLOSED SESSION . CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO CALIFORNIA 8 GOVERNMENT CODE SECTION 54956.8 Property: Total of 846.90 acres, comprised of APNs 386-030-02 (40 acres), 386-030-04 (240 MBHCP Implementation Trust Group Page 4 Hearing Agenda March 6, 2014 acres; and 436-010-37 (566.90 acres). Agency negotiator: Mitch Van Wyk Negotiating parties: Jeffrey T. Andrew Under negotiation: Price and terms of payment. RECONVENE FROM CLOSED SESSION ADJOURN TO MAY 22, 2014. AMERICANS WITH DISABILITIES ACT (Government Code Section 54953.2) Disabled individuals who need special assistance to attend or participate in a meeting of the Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group may request assistance at the City of Bakersfield Planning Department, 1715 Chester Avenue, Bakersfield, California or by calling Martin Ortiz at (661) 326-3733. Every effort will be made to reasonably accommodate individuals with disabilities by making meeting materials available in alternative formats. Requests for assistance should be made five (5) working days in advance whenever possible. T:\Planning\HCP Trust Group\TG Meetings\2014\March 6\Agenda Mar 6, 2014.docx