HomeMy WebLinkAboutAUG 21 MBHCP AGENDA
AGENDA
Metropolitan Bakersfield Habitat Conservation Plan
Implementation Trust Group
August 21, 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: Doug McIssac – City of Bakersfield (Chair); Lorelei Oviatt –
County of Kern (Secretary); Craig Bailey – CDFW Advisory Member; Thomas Leeman –
USFWS Advisory Member; James Buchanan – Public At-Large Advisory Member.
ROLL CALL
ADJOURN TO CLOSED SESSION
CLOSED SESSION
CONFERENCE WITH PROPERTY NEGOTIATORS PURSUANT TO CALIFORNIA GOVERNMENT
1.
CODE SECTION 54956.8
Property: Total of 846.90 acres, comprised of APNs 386-030-02 (40 acres), 386-030-04 (240
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.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO CALIFORNIA
2.
GOVERNMENT CODE SECTION 654956.8
Property: Total of 2,229.88 acres, comprised of APNs 093-260-22 (979.66 acres); 093-280-
15(314.67acres); 093-280-16 (309.08 acres); 093-280-17 (37 acres); 093-280-18 (36.76
acres); 093-280-26 (74.75 acres); 093-280-35 (102.33 acres); 093-280-37; (375.63 acres).
Agency negotiator: Mitch Van Wyk
Negotiating parties: Donna Carpenter
Under negotiation: Price and terms of payment.
RECONVENE FROM CLOSED SESSION
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
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Hearing Agenda August 21, 2014
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
3.
July 10, 2014.
*APPROVE payment to Mitch Van Wyk of an amount not to exceed $440 for the
4.
purchase of a one-year subscription to KernData.com an online property data
base.
*
For each property listed below, staff
5.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;
The property is a total of 826.90 acres (798.65 potential mitigation acres), comprised of
APNs 386-030-02 (40 acres); 386-030-04 (240 acres); and 436-010-37 (546.90 acres) –
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Hearing Agenda August 21, 2014
being a portion of the W½ of Section 6, T29S, R29E, MDM, and most of Section 1, T29S,
R28S, MDM; in the City of Bakersfield, County of Kern. The property is located in
northeast Bakersfield and bounded by Alfred Harrell Highway to the west, north and
east, with the Kern River located to the north of Alfred Harrell Highway. The property is
owned by The Bankruptcy Estate of Cascade Acceptance Corporation and the
proposed purchase price is $5,060,000 to be acquired by the Metropolitan Bakersfield
Habitat Conservation Plan Implementation Trust Group.
APPROVE ACQUISITION AT PURCHASE PRICE OF $6,335.69 PER ACRE.
Announcement of Interim Incidental Take Permit approved (5-year term) by the
6.
California State Department of Fish and Wildlife and an extension to the MBHCP by the
U.S. Fish and Wildlife Service for the Metropolitan Bakersfield Habitat Conservation Plan
project area - RECEIVE AND FILE.
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 November 20, 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.
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