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HomeMy WebLinkAboutJUNE 11 MBHCP AGENDA AGENDA Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group June 11, 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 March 5, 2009. * 2. Resolution for Jim Movius for recognition of service as an integral staff for the original 1994 wildlife agency permits, providing negotiations with wildlife agencies throughout the permit’s life, and successfully implementing and improving the plan. MBHCP Implementation Trust Group Page 2 Hearing Agenda June 11, 2009 * Purchase of Habitat Mitigation Land: 3. 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 058-250-08 (15 acres) — being a portion of the N 1/2 of Section 13, T26S, R22E, MDM, County of Kern, State of California; located 3.5 miles north of McCombs Road approximately 1.5 miles east of Corcoran Road, in John Underhill western Kern County. The property is owned by and the proposed purchase price is $15,000. APPROVE ACQUISITION AT PURCHASE PRICE OF $15,000. b) APN 058-010-27 (81.38 acres) — being the S 1/2 of SE ¼ of Section 12, T26S, R21E, MDM, County of Kern, State of California; located 4 miles north of McCombs Road approximately 1.5 miles east of Lost Hills Road, in Mildred western Kern County. The property is owned by the Herboldsheimer Estate and the proposed purchase price is $93,587. APPROVE ACQUISITION AT PURCHASE PRICE OF $93,587. c) APN 058-101-13 (40 acres) — being a portion of the SE ¼ of Section 24, T26S, R21E, MDM, County of Kern, State of California; located 2 miles north of McCombs Road (Hwy 46) approximately one mile east of I-5, in western Kent Bowerbank Kern County. The property is owned by and the proposed purchase price is $40,000. APPROVE ACQUISITION AT PURCHASE PRICE OF $40,000. MBHCP Implementation Trust Group Page 3 Hearing Agenda June 11, 2009 d) APN 058-200-16 (2.52 acres) — being a portion of the NW ¼ of the NW ¼ of Section 3, T 26 S, R 22 E, MDM, County of Kern, State of California; located one mile south of the Kern National Wildlife Refuge, approximately one mile west of Corcoran Road, in western Kern County. The property is Peter Bailey owned by and the proposed purchase price is $3,276. APPROVE ACQUISITION AT PURCHASE PRICE OF $3,276. e) APN 058-230-20 (20 acres) — being a portion of the SE ¼ of Section 4, T 26 S, R 22 E, MDM, County of Kern, State of California; located two miles south of the Kern National Wildlife Refuge, approximately 1 ½ miles west of Noe Corcoran Road, in western Kern County. The property is owned by Martinez and the proposed purchase price is $26,000. APPROVE ACQUISITION AT PURCHASE PRICE OF $26,000. * 4. Request for authorization to reserve a tax defaulted parcel (APN 044-190-07) of Kern County Assessor Parcels, leading to the acquisition by the MBHCP as habitat mitigation land. APN 044-190-07 is 41.91 acres located in Section 36, Township 25 George Scofield et al S, Range 21 E, owned by . (1) ADOPT RESOLUTION AUTHORIZING THE PURCHASE OF ASSESSOR PARCEL NUMBER (APN) 044-190-07 AS TAX DEFAULTED PROPERTY FROM THE COUNTY OF KERN; (2) AUTHORIZE MBHCP TRUST ADMINISTRATOR TO INITIATE THE PROCESS OF RESERVING APN 044-190-07 FOR ACQUISITION BY THE MBHCP AS HABITAT MITIGATION LAND AND TO FILE THE NECESSARY APPLICATIONS, AGREEMENTS AND OBJECTION-TO-SALE DOCUMENTS WITH THE KERN COUNTY TREASURER-TAX COLLECTOR; (3) AUTHORIZE IMPLEMENTATION TRUST GROUP CHAIRMAN TO EXECUTE THE NECESSARY AGREEMENT WITH THE KERN COUNTY BOARD OF SUPERVISORS; (4) AUTHORIZE FUNDS NECESSARY TO REIMBURSE KERN COUNTY FOR EXPENSES INVOLVED IN REMOVAL OF PARCELS FROM TAX SALE, INCLUDING PAYMENT OF BACK TAXES AND TAX PENALTIES FOR PARCELS, AND REQUIRED DEPOSITS. Purchase Of Habitat Mitigation Land – Change In Circumstances Report 5. : a) APN 069-192-07; 069-230-09; 069-230-34; 069-230-35; 069-230-37; 069- 350-31; 087-130-25; 087-140-16; 087-140-18; 087-160-24 (1,695.16 acres) — generally located east and west of Interstate 5, generally between the intersections of State Route 46 and Interstate 5 and Seventh Standard Road Chang et al in north-central Kern County. The property is owned by and the approved purchase price is $5,085,480. Discuss the possibility to pursue an agreement with the property owner that the MBHCP Implementation Trust MBHCP Implementation Trust Group Page 4 Hearing Agenda June 11, 2009 Group will pay for up-front, the costs of the Phase II Site Assessment recommended on four of the ten parcels approved for acquisition and clean- up of the ten parcels with the understanding these costs will be deducted from the sale price during escrow. The agreed upon purchase price has been amended down to $5,062,170 due to the loss of 7.77 acres of disturbed potential habitat mitigation land. (1) DISCUSS AND GIVE DIRECTION TO STAFF AND (2) APPROVE AMENDED AGREEMENT WITH KRAZAN & ASSOCIATES. 6. Discussion on possibility of Proposition 8 temporary reduction in assessed value by the Kern County Assessors Office for those properties on which the MBHCPITG pays taxes. RECOMMEND NOT TO ACTIVELY PURSUE A PROPOSITION 8 REASSESSMENT FOR ALL PROPERTIES FOR WHICH THE MBHCPITG PAYS TAXES. 7. Continued 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 8. *Update on Phase I Environmental Site Assessments (PSA) prepared by Krazan & Associates on properties acquired by the MBHCP Implementation Trust Group. RECEIVE AND FILE 9. Change in the Department of Fish and Game Acceptance Letter DISCUSS AND GIVE DIRECTION TO STAFF 10. Request by Scott Frazer, Private lands Biologist, Kern National Wildlife Refuge Complex, Delano, CA to make presentation and discuss wetland and upland habitats purchased by the Trust Group for mitigation credits. DISCUSS AND POSSIBLY GIVE DIRECTION TO STAFF Public Presentations 11. This portion of the meeting is reserved for persons to address the Implementation MBHCP Implementation Trust Group Page 5 Hearing Agenda June 11, 2009 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 12. 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 13. 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: 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.