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Home My WebLink AboutJAN 29 HCP AGENDA AGENDA Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group January 29, 2009 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: Ted James – Kern County (Chairman); Stanley Grady – City of Bakersfield (Secretary); Julie Vance – CDFG Advisory Member; Tim Kuhn – USFWS Advisory Member; Donna Carpenter – Public At-Large Advisory Member ROLL CALL: * CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED * WITH AN ASTERICK () 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 * 1. Approve minutes for the MBHCP Implementation Trust Group meeting of October 30, 2008. * Purchase of Habitat Mitigation Land (new acquisitions): 2. 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 CDFG INDICATING CDFG’S INTENT TO ACCEPT MBHCP Implementation Trust Group Page 2 Hearing Agenda January 29, 2009 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 .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 TICOR 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 CDFG FOR ENDOWMENT, and; a) APN 046-090-01 (19.55 acres) — being a portion of W ½ of Section 14, T 25 S, R 23 E, MDM, County of Kern; located in north Kern County, on the south side of Garces Hwy approximately 1 ½ miles west of Wildwood Road. The property Ray H. Fitzgerrell Family Trust and George F. Peters Trust is owned by and the proposed purchase price is $48,875. APPROVE ACQUISITION AT PURCHASE PRICE OF $48,875. * 3. Transmittal of Quarterly Report to the MBHCP Implementation Trust Group - RECEIVE AND FILE. * 4. Transmittal of Memorandum to the MBHCP Implementation Trust Group to report habitat trust fees adjusted for inflation - RECEIVE AND FILE. * 5. Presentation of Budget for Fiscal Year 2008/2009 to the MBHCP Implementation Trust Group - RECEIVE AND FILE. 6. Request by Trust Group Member Stanley Grady, City of Bakersfield, to discuss and possible action regarding interim passage of title of acquired mitigation lands to the MBHCP Implementation Trust Group and/or other approved agencies other than CDFG or USFWS. DISCUSS AND GIVE DIRECTION TO STAFF. 7. Kern County Tax Assessor’s notification of “Escape Assessment” on the Netz- Petttegrew acquisition (APN 046-110-06). DISCUSS AND GIVE DIRECTION TO STAFF. MBHCP Implementation Trust Group Page 3 Hearing Agenda January 29, 2009 Public Presentations 8. 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. Implementation Trust Group Member Announcements or Reports 9. 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 10. The Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group will hold a closed session (Government Code §54956.8) to confer with and grant authority to its negotiators (Jennie Eng, Mitch Van Wyk, and Don Anderson) regarding the purchase of real property. The closed session involves the property identified below: a) Kern County APN 184-090-24 & 37 (approximately 730 acres); portion of Section 4 and 5, T 31S, R 26 E, MDM, generally located east of Interstate 5, south of Taft Highway. The land is owned by Buena Vista Dairy, LLC. b) Various properties in Kern County Townships 25 and 26S, Range 22 E, MDM RECONVENE FROM CLOSED SESSION ADJOURN MBHCP Implementation Trust Group Page 4 Hearing Agenda January 29, 2009 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 Jennie Eng at (661) 326-3043. 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.