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HomeMy WebLinkAboutMARCH 5 HCP AGENDA AGENDA Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group March 5, 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 January 29, 2009. * 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 March 5, 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 045-230-15 (56.37 acres) — being a portion of SW ¼ of Section 34, T 25 S, R 22 E, MDM, County of Kern; located in northwestern Kern County, south of Garces Hwy approximately one (1) mile west of Corcoran Rd. The property is Donald and Deborah Petty owned by and the proposed purchase price is $56,370. APPROVE ACQUISITION AT PURCHASE PRICE OF $56,370. b) Westerly portion of APN 045-110-18 (57.46 acres) — being a portion of the SE ¼ of Section 13, T 25 S, R 22 E, MDM, County of Kern; located on the south side of Garces Highway, approximately 1 ½ miles east of Corcoran Road, in Hansen et al northwestern Kern County. The property is owned by and the proposed purchase price is $86,190. APPROVE ACQUISITION AT PURCHASE PRICE OF $86,190. c) APN 058-010-20 (40 acres) — being a portion of the NE ¼ of Section 1, T 26 S, R 21 E, MDM, County of Kern; located southwest of the Kern National Wildlife Refuge, approximately one and one half miles east of Lost Hills Road. The Harari Family Trust property is owned by the and the proposed purchase price is $46,000. APPROVE ACQUISITION AT PURCHASE PRICE OF $46,000. * 3. Approve payment to Mitch Van Wyk of an amount not to exceed $3,360 for the purchase of a one-year subscription to MetroScan Online property data bases for Kern, Kings, and Tulare Counties. 4. Chairman Ted James to report on Kern County Tax Assessor’s notification of MBHCP Implementation Trust Group Page 3 Hearing Agenda March 5, 2009 “Escape Assessment” on the Netz-Pettegrew acquisition (APN 046-110-03). DISCUSS AND GIVE DIRECTION TO STAFF. 5. Discussion on processing backlog issues involving the State's receipt of properties that remain in escrow and the possibility of the MBHCP Implementation Trust Group hiring contract staff at the Wildlife Conservation Board for processing the closing of escrows of MBHCP habitat mitigation properties. DISCUSS AND GIVE DIRECTION TO STAFF Public Presentations 6. 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 7. 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 8. 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) APN 045-190-05 (80 acres) — being a portion of NW 1/4 of Section 25, Township T 25 S, R 22 E, MDM. The property is owned by Charles Hillman. b) Proposal from Wildlands, Inc. to purchase 640 acres of mitigation credits MBHCP Implementation Trust Group Page 4 Hearing Agenda March 5, 2009 from the Ton Tanchi Conservation Bank in Tulare County (southern half of Section 21 and all of Section 29 of T 24 S, R 23 E, MDB&M). RECONVENE FROM CLOSED SESSION ADJOURN 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.