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HomeMy WebLinkAboutAug 20 REVISED AGENDA AGENDA 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 * APPROVE Minutes for the MBHCP Implementation Trust Group meeting of May 21, 1. 2015. * APPROVE FY 2015-16 Annual Budget of the MBHCP Implementation Trust Group. 2. MBHCP Implementation Trust Group Page 2 Hearing Agenda August 20, 2015 *APPROVE payment to Mitch Van Wyk of an amount not to exceed $440 for the 3. purchase of a one-year subscription to KernData.com an online property data base. * APPROVEConsideration of a request by the Panama - Buena Vista School District to 4. participate in the Metropolitan Bakersfield Habitat Conservation Plan and to use the related Incidental Take Permit (#2081-2013-058-04) for the Van Horn Elementary and Williams Elementary school sites where there is San Joaquin kit fox presence. APPROVE THE REQUEST BY THE PANAMA - BUENA VISTA SCHOOL DISTRICT TO USE THE METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN AND RELATED INCIDENTAL TAKE PERMIT (#2081-2013-058-04) * 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 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; * APN 058-230-27 (40 acres) – being a portion of NE ¼ of Section 9, T26S, R22E, MDM, a) 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. * APN 099-240-01 (10 acres) – being a portion of N ½ of the NE ¼ of Section 4, T29S, b) 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 MBHCP Implementation Trust Group Page 3 Hearing Agenda August 20, 2015 CLOSED SESSION 6. 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 7. 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. S:\MBHCP\MBHCP ITG Meetings\2015\August 20\Agenda August 20, 2015.docx