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HomeMy WebLinkAboutJAN 29 MBHCP MINUTES Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group MINUTES Agenda Item 1 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: Present: Ted James, Stanley Grady, Julie Vance, Tim Kuhn, Donna Carpenter Absent: None STAFF: Bruce Divelbiss, Jennie Eng, Mitch Van Wyk, Pamela Elisheva, Cecelia Griego, Melanie Dunwoody, Dana Cornelius * CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: * 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 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 Ray H. Fitzgerrell Family Trust and Road. The property is owned by George F. Peters Trust and the proposed purchase price is $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. The hearing was opened up for comments. Member Grady moved, seconded by Member James, to approve Consent Agenda as read. Motion carried by group vote. 6. Request by Trust Group Member Stanley Grady, City of Bakersfield, to discuss 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. Ms. Eng commented that this is a continuing discussion that the group is having, pointing out that Ms. Vance has indicated that she would like to make inquiries in her department related to possibilities available to the Trust Group. Ms. Eng also commented that Staff was going to prepare a letter for signature to the State requesting additional information on how to proceed based on Ms. Vance’s information. Ms. Vance shared that they have made some inquiries with Sacramento as to the feasibility of funding of land agent positions to help focus only on Metro HCP acquisitions, which was sort of tied into this overall discussion of whether a transfer to the City would be necessary, or whether there would be a way to expedite processing of these lands. Ms. Vance stated that they have heard that it would definitely be feasible and this would probably be a good time to pursue that given some of the budget cuts. Ms. Vance commented that the question for the City is the extent of the commitment that could be feasible, and specifically what kind of funding and duration. Mr. James responded that from the last discussion on this item there was an issue with regard to the need for a full time position, and it was decided probably not. He questioned how you pay for a part time position if it is feasible. Ms. Vance responded that they might be able to do contract for a limited duration, which was brought up as an option when they spoke with Sacramento. Mr. James inquired whom the discussions were with in Sacramento, to which Ms. Vance responded that the discussions have been just with the department, however, the position would have to have processing authority, and specifically there would be one land agent who would take care of everything for those lands. Mr. Grady inquired if there is a way to get information on time and costs, as far as what is being paid for an agent, and how many cases are still there, and how long would it take to process those cases. Ms. Vance responded that it might be based on a per case cost average, because it takes the same amount of time to process a one acre as it does 100 acres. Mr. James commented that he would want to make sure that this is not just with the Department, but that it is with Wild Life Conservation Board as well. Mr. Divelbiss stated that if they want to move more expeditiously then the next meeting they could convene a special meeting to consider such a contract. Mr. Grady concurred stating that they could have their Staff work with Ms. Vance to put together some numbers that would be available for discussion at the next meeting. No action was taken on this item. Mr. Grady pointed out that the other piece of this was the interim passage of title, and Julie’s comment related to something. Mr. James stated that if they can resolve the staffing situation, there is no need for interim passage of title. He stated that this would be the County’s first goal to address that issue. Mr. Grady commented that if there is no interest on the County’s part in the passage of title to the Trust Group, then perhaps they don’t need it on the next agenda, and they can just pursue the contract issue. Mr. James concurred. Ms. Eng clarified that the meeting with Jeff is Jeff Single of Fish & Game, to which Mr. James confirmed. 7. Kern County Tax Assessor’s notification of “Escape Assessment” on the Netz- Petttegrew acquisition (APN 046-110-06). Ms. Eng stated the correct APN for this is 046-110-03. She explained that in December ’08 the Trust Administrator received a notice of proposed Escape Assessment from the Kern County Assessor stating that the property value for the referenced parcel would increase from $20,000 to $77,221, which is a property value increase of over $57,000. She further explained that in that letter, it indicated that the property taxes would also increase from $225 to $871.73, which is an increase of nearly $646. In the standard operating process for the Trust Group, they sign a Memorandum of Sale and Escrow with the property owner, and with this particular property it was signed in January of ’06, and they are waiting for the Wildlife Conservation Board to review the title and accept it on behalf of the State of California. Further, as part of that Memorandum, the Trust Group takes the responsibility for paying the property taxes while it is under review at the State. Ms. Eng stated that currently they are paying taxes on 116 property transactions that cover over 4,900 acres of habitat land waiting clearance by the State to accept title. The consequences if the Assessor pursues this avenue on all the habitat lands they have waiting for review, there would be a significant fiscal obligation of the Trust Group. She pointed out that the mitigation fee does not account for this tax increase, and they are now waiting for a letter from the Assessor regarding their rights for informal and formal appeal process. Ms. Eng stated Staff is bringing this to the attention of the Trust Group for direction. Mr. James inquired if she has had any dialogue with the Assessor’s Office, to which Ms. Eng responded she has not directly spoke with them, as they are waiting for the official letter so they can pursue appeal rights. Mr. James stated he could contact the Assessor and chat with them and try to get a general read related to this. Mr. Divelbiss suggested that Mr. James and himself make joint contact with the Assessor’s Office as he has a contact name. Divelbiss inquired if Staff has a clue as to what they discovered that they weren’t previously taxing. Ms. Eng responded that it was a surprise, pointing out that the Notice originally went to County Property Management and was sent over to them. She said this is the first time that anyone has seen this type of letter on a habitat property. Mr. Divelbiss pointed out that it is his understanding that an Escape Assessment means they’ve discovered something on the property they were unaware of. He suggested that the question be posed as to what they found out that they didn’t know before. Pamela Elisheva, Trust Administrator Staff, stated that she believes what has happened is that somehow they are gathering information on what we proposed to pay once the escrow is finalized through the Memorandum of Sale, and that is what is reflected in the increase of the assessment. Therefore, while it was being assessed at a different property value before, it’s being based on what they propose to pay once the escrow settles. She pointed out that all they have paid the seller is through the Memorandum of Sale and escrow, and not the actual escrow costs, as title has not passed. Ms. Carpenter inquired that since property values have devalued so much, is it possible to do the converse when they meet with the assessor. Mr. James inquired if this is the only property that this has come up on. Ms. Eng responded that this is the only property as of right now. Mr. James commented that the question of decreased value can be raised with the Assessor. Mr. Divelbiss offered that the Assessor is an independent elected official, and while they might be willing to listen to reasonable arguments, they will do what they do without a lot of guidance and direction from anyone, including this Board. Mr. James agreed, but commented that it is worthwhile to have dialogue with them. Mr. James recommended that Mr. Divelbiss and himself make a contact and come back to the next meeting for further discussions. 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. Mr. Unger stated he had some comments with regard to Item Number 6. Mr. James allowed his brief comments. Mr. Unger commented that part of the reason to have the HCP is to recover species, and the idea is to get little chunks of land here and there and everywhere and then stick them together that the species can have a habitat. He stated that if all the little chunks of land are under various jurisdictions, it is just one more coordination that has to be made, and it might be easier to leave all the little chunks of land in the pervue of the Fish & Game so the City and County don’t have to coordinate. He stated that he does not see the advantage to the City or the County of the Implementation Trust Group of having title to land. Implementation Trust Group Member Announcements or Reports 9. Mr. James inquired if they are going to be getting Form 700. Ms. Eng responded that they will be delivered early next week. 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 No reportable action from closed session. The next meeting was scheduled to March 5, 2009, at 10:00 a.m. ADJOURN There being no further business the meeting was adjourned at 11:13 A.M. Dana Cornelius, Recording Secretary Jennie Eng, Trust Group Administrator Metropolitan Bakersfield Habitat Conservation Plan