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Home My WebLink AboutJAN 28 MBHCP AGENDA AGENDA Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group January 28, 2010 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: Jim Eggert – City of Bakersfield (Chairman); Ted James – Kern County (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 September 17, 2009 and October 1, 2009. * 2. APPROVE to spend up to $2,500 for the removal of duck blinds and a trailer on the Neufeld Living Trust Property approved by the MBHCP Implementation Trust Group on September 17, 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 MBHCP Implementation Trust Group Page 2 Hearing Agenda January 28, 2010 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 099-090-18 (5.0 acres) — being a portion of the NE ¼ of Section 3, T29S, R22E, MDM, County of Kern; located 4.3 miles northwest of the intersection of Highway 58 and Lokern Road, and; APN 099-190-14 (10.0 acres) — being a portion of the NE ¼ of Section 11, T29S, R22E, MDM, County of Kern; located 2.7 miles northwest of the intersection of Highway 58 and Lokern Road, within the Seventh-day Adventist Properties Lokern Preserve. The property is owned by and the proposed purchase price is $15,000 to be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $15,000. b) APN 100-200-25 (20 acres) – being a portion of the NW ¼ of Section 18, T 29S,R 23E, MDM, County of Kern; located approximately 1 mile northwest of the intersection of Highway 58 and Lokern Road, within the Lokern Preserve. The Anthony and Marianne Klein property is owned by and the proposed purchase price is $15,000 to be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $15,000. c) APN 102-010-17 (20 acres) – being a portion of the SE ¼ of Section 20, T 29S,R 23E, MDM, County of Kern; located approximately 1.2 miles southeast of the intersection of Highway 58 and Lokern Road, within the Lokern Preserve. The Bo Roos property is owned by and the proposed purchase price is $20,000 to be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $20,000. MBHCP Implementation Trust Group Page 3 Hearing Agenda January 28, 2010 d) APN 046-180-13 (2.12 acres) – portion of SW ¼ of SW ¼ of Section 22, T 25 S, R 23 E, MDM, County of Kern; located approximately two miles south of Garces Hwy at the north end of Bell Road, in northwestern Kern County. The property is Dennis Desert Land LLC owned by and the proposed purchase price is $2,500 to be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $2,500. * 4. Transmittal of Quarterly Report to the MBHCP Implementation Trust Group - RECEIVE AND FILE. 5. *Transmittal of Memorandum to the MBHCP Implementation Trust Group to report habitat trust fees adjusted for inflation - RECEIVE AND FILE. 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)). NO CLOSED SESSION ADJOURN MBHCP Implementation Trust Group Page 4 Hearing Agenda January 28, 2010 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.