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Home My WebLink AboutSEPT 17 MBHCP AGENDA AGENDA Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group September 17, 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. Annual transfer of the MBHCP Implementation Trust Group Chairmanship between the City of Bakersfield and Kern County. NAME STANLEY GRADY (CITY OF BAKERSFIELD) AS CHAIRMAN AND TED JAMES (KERN COUNTY) AS SECRETARY, EFFECTIVE IMMEDIATELY. * 2. Approve minutes for the MBHCP Implementation Trust Group meeting of June 11, 2009. * 3. Approve FY 2009-10 Annual Budget of the MBHCP Implementation Trust Group. * 4. Approve request to reimburse Mitch Van Wyk for the purchase of an annual subscription of Kerndata.com property database information for $440 to aid in MBHCP Implementation Trust Group Page 2 Hearing Agenda September 17, 2009 property acquisition. * 5. Approve request to Micro-fiche Files of Closed Escrow Properties. * 6. Update on the escrow status of the properties at the Wildlife Conservation Board. RECEIVE AND FILE * Purchase of Habitat Mitigation Land: 7. 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 058-101-12 (100 acres) — being a portion of NE ¼ of Section 24, T26S, R21E and APN 058-101-14 (10 acres) being a portion of SE ¼ of Section 24, T26S, R21E, MDM, County of Kern; locatedapproximately two miles east of I-5 and four miles south of the Kern National Wildlife Refuge in western Kern Bill Gentry and Dr. County. The property, a total of 110 acres, is owned by William Karow and the proposed purchase price is $122,000. APN 045-190-10 (40 acres) — being NE ¼ of NE ¼ of Section 25 T25S, R22E and APN 058-190-08 (80 acres) being a portion of NE ¼ of Section 12 T26S, R22E, MDM, County of Kern; located south of Garces Hwy approximately two miles east of Corcoran Road in western Kern County. The property, a total of Bill Gentry and Dr. William Karow 120 acres, is owned by and the proposed purchase price is $136,000 to be acquired by the Semitropic Water Storage District or the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $258,000. MBHCP Implementation Trust Group Page 3 Hearing Agenda September 17, 2009 b) APN 045-120-04 (7.5 acres) and APN 045-120-05 (12.5 acres) — being a portion of E ½ of NE 1/4 of Section 13, T 25 S, R 22 E, MDM; County of Kern; located one quarter mile south of Garces Hwy and approximately two miles east of the Kern National Wildlife Refuge in western Kern County. The property, a McCormick Family Trust total of 20 acres, is owned by and the proposed purchase price is $26,000. APPROVE ACQUISITION AT PURCHASE PRICE OF $26,000. c) APN 058-291-04 (23.51 acres) — being a portion of the NE ¼ of Section 27, T 26 S, R 22 E, MDM, County of Kern; located one quarter mile west of Corcoran Road and approximately two miles north of Mc Combs Road in western Kern William Johns County. The property is owned by and the proposed purchase price is $23,510. APPROVE ACQUISITION AT PURCHASE PRICE OF $23,510. d) APN 058-200-05 (10.02 acres) — being a portion of the NE 1/4 of Section 3, T26S, R22E, MDM, County of Kern; located 5.6 miles north of McCombs Road approximately 700 feet west east of Corcoran Road in western Kern County. Bakersfield Masonic Lodge The property is owned by and the proposed purchase price is $13,026. APPROVE ACQUISITION AT PURCHASE PRICE OF $13,026. e) APN 058-190-09 (80 acres) — being east ½ of NE ¼ of section 12, T26S, R22E; and APN 058-190-10 (200 acres) being the SW ¼ and a portion of NW ¼ of section 12, T26S, R22E, MDM; County of Kern; located one mile east of Corcoran Road, four miles north of McCombs Road, approximately two miles southeast of the Kern National Wildlife Refuge. The property is owned by Neufeld Living Trust and the proposed purchase price is $288,000. APN 059-050-04 (39.88 acres) — being a portion of SW ¼ of Section 6, T26S, R23E, MDM; County of Kern; located one mile east of Corcoran Road, four miles north of McCombs Road, approximately two miles southeast of the Kern Neufeld Living Trust National Wildlife Refuge. The property is owned by and the proposed purchase price is $47,856 to be acquired by the Semitropic Water Storage District or the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $335,856. f) APN 333-251-002 (1 acre), APN 333-251-017 (1 acre), APN 333-251-025 (0.5 acre), APN 333-251-028 (6 acres), APN 333-251-029 (1 acre), APN 333-251- 037 (1 acre), APN 333-251-040 (1 acre), APN 333-251-051 (1.5 acres), APN MBHCP Implementation Trust Group Page 4 Hearing Agenda September 17, 2009 333-252-012 (1 acre), APN 333-252-014 (1 acre), APN 333-252-016 (0.5 acre), APN 333-252-019 (2 acres), APN 333-252-022 (1.5 acres), APN 333-252-026 (1 acre), APN 333-252-034 (1 acre), APN 333-252-039 (1 acre), APN 333-252-043 (1 acre) for a total of 23 acres— being portions of the N ½ of Section 13, T24S, R24E, MDM, Tulare County; located approximately 2 miles east of the intersection of State Highway 43 and Road 88 in Tulare County. The property is Philomena LLC Lands owned by and the proposed purchase price is $26,000. APPROVE ACQUISITION AT PURCHASE PRICE OF $26,000. g) APN 099-330-04 (10 acres) – being a portion of the SW ¼ of Section 14, T29 S, R 22E, MDM, County of Kern; located 0.4 miles north of Lokern Road. The Leo Del Rosario property is owned by , and the proposed purchase price is $12,000. APPROVE ACQUISITION AT PURCHASE PRICE OF $12,000. 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: MBHCP Implementation Trust Group Page 5 Hearing Agenda September 17, 2009 a) APN 088-200-07 (320 acres); being the west half of Section 29, T28S, R24E; owned by the Glen Mills Trust. 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.