HomeMy WebLinkAboutAgenda August 20, 2015AGENDA
Metropolitan Bakersfield Habitat Conservation Plan
Implementation Trust Group
August 20, 2015 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: Lorelei Oviatt – County of Kern (Chair); Jacquelyn R. Kitchen –
City of Bakersfield (Secretary); Craig Bailey – 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 any matter that is under the
jurisdiction of the Implementation Trust Group that is not on this agenda. The
Implementation Trust Group members may ask a question for clarification or respond briefly
to statements made or questions posed but they are prohibited by law to take any formal
action beyond placing the matter on a future agenda or make a referral to staff to report
back at a future meeting. 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 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
1. *APPROVE Minutes for the MBHCP Implementation Trust Group meeting of May 21,
2015.
2. *APPROVE FY 2015-16 Annual Budget of the MBHCP Implementation Trust Group.
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Hearing Agenda August 20, 2015
3. *APPROVE payment to Mitch Van Wyk of an amount not to exceed $440 for the
purchase of a one-year subscription to KernData.com an online property data base.
4. *Purchase of Habitat Mitigation Land: For each property listed below, staff
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 CDFW INDICATING
CDFW’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
CDFW FOR ENHANCEMENT; AND WITHIN 6 MONTHS FOLLOWING CLOSE OF ESCROW,
TRANSFER THE APPROPRIATE AMOUNT TO CDFW FOR ENDOWMENT, and;
a) *APN 058-230-27 (40 acres) – being a portion of NE ¼ of Section 9, T26S, R22E, MDM,
County of Kern; located approximately three miles north of Mc Combs Road,
approximately one mile west of Corcoran Road. The property is owned by Kamran
and Parvin Malek and the proposed purchase price is $66,000 to be acquired by
the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $1,650 PER ACRE.
b) *APN 099-240-01 (10 acres) – being a portion of N ½ of the NE ¼ of Section 4, T29S,
R22E, MDM, County of Kern; located along the south side of Seventh Standard
Road west of the California Aqueduct. The property is owned by Neighborcare
Health and the proposed purchase price is $14,000 to be acquired by the State of
California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $1,400 PER ACRE.
ADJOURN TO CLOSED SESSION
CLOSED SESSION
5. CONFERENCE WITH PROPERTY NEGOTIATORS PURSUANT TO CALIFORNIA GOVERNMENT
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
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Hearing Agenda August 20, 2015
6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code
Section 54956.9(d)(1)) Metropolitan Bakersfield Habitat Conservation Plan
Implementation Trust Group v. Tarandek .et .al, Kern County Superior Court Case
No. S-1500-CV-279841
RECONVENE FROM CLOSED SESSION
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 19, 2015.
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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