HomeMy WebLinkAboutSEPT 17 MBHCP MINUTES
Metropolitan Bakersfield Habitat Conservation Plan
Implementation Trust Group
MINUTES
Agenda Item 1
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: Present: Ted James, Stanley Grady, Annee Ferranti, Tim Kuhn
Absent: Julie Vance, Donna Carpenter
STAFF: Bruce Divelbiss, Jennie Eng, Jim Eggert, Mitch Van Wyk, Pamela Elisheva,
Cecelia Griego, Melanie Dunwoody, Dana Cornelius
*CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT:
STAFF RECOMMENDATIONS SHOWN IN CAPS AND UNDERLINED
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 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
7.
Purchase of Habitat Mitigation Land: 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.
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 total of 20
McCormick Family Trust
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 National
Neufeld Living Trust
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
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.
Member James requested a two-week continuance until October 1, 2009.
No comments from the committee were made.
Donna Carpenter joined the meeting.
Mary Griffin requested removal of item 3 from the consent agenda. James
Wattenbarger requested removal of item 7(e) from the consent agenda.
Member Grady moved to approve the consent agenda as read with the removal of items
3, and 7(e), as well as the modification to the action on item 7(f) which is to be
continued until the next October 1, 2009.
Motion carried by group vote.
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.
Member Grady recommended and motioned that the transfer of chairmanship be
made at the end of the meeting. Member Carpenter inquired what happens
when Member Grady retires. Member Grady responded it won’t be before the
next meeting.
Motion carried by group vote.
3. Approve FY 2009-10 Annual Budget of the MBHCP Implementation Trust Group.
Mary Griffin referred to page three of four and inquired as to overhead and
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interest that has been earned through June 30, is that from the inception of this
program or just the fiscal year. Ms. Dunwoody responded that it is just for the
fiscal year, and confirmed that it is a half a million dollars in one year.
Mary Griffin inquired as to the number of acres in escrow has dropped 70% from
the previous fiscal year, as the State has begun to address the backlogs of
properties held in escrow. She inquired if there is still a 30% lag from the
pervious year. Member James explained that they have made substantial
progress at moving some of the back log parcels through the process, and the
Department of Fish and Game and the Wildlife Conservation Board have been
instrumental in trying to push those through at the board’s request because over
the past year they have been frustrated by the outstanding number.
Mary Griffin inquired as to the balance forward of $23 million and the total
resources of $26 million, and asked if that is acquired money that’s been accrued
and paid by developers in the last fiscal year or since the inception of the
MBHCP. Member James responded that he thought it was since the inception of
the program.
Mary Griffin further inquired how much of that total is tied up in the escrow
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properties. Ms. Dunwoody responded that on June 30 they determine how
much of that number is committed. She pointed out that as of August they had
in open escrows $11.2 million, and pending the agenda items on the current
agenda is $639,000, with a grand total of items that are in escrow and not yet
bought at $11.869 million.
Mary Griffin inquired as to how much is actually available to the MBHCP. Ms.
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Dunwoody responded that on the statement it indicates that at June 30 there
was $31 million, less $11.2 million. Ms. Dunwoody indicated that everything was
bought and paid for today; there would be $6.7 million.
Mary Griffin pointed out that the half a million is quite a chunk of the $6.7 million
that is being paid in interest. Ms. Dunwoody responded that it is interest that
they earned.
Mary Griffin stated that her initial question was how much they are paying out
because of the backlog. Staff responded that it would take a little research to
find out that figure. Member James suggested that staff get back with Ms. Griffin.
Mr. Van Wyk responded that if you pay 7%, which is probably less than 1% of the
total purchase price, and therefore it is not significant.
Member Grady moved to approve Agenda Item 3.
Motion carried by group vote.
7(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 National
Neufeld Living Trust
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.
James L. Wattenbarger, representing his family interest, with regard to the
board’s disposition of 39.8 acres adjacent on two sides to 180 acres that his
family has owned for 29 years in the south half of section 6. (Item 7(e), second
paragraph) Mr. Wattenbarger submitted a letter, and expressed his concerns as
stated in the letter. He explained that it is his understanding that this Neufeld
property instead of going to the California Fish & Game is in the process of being
negotiated to Semitropic Water for use as a pumping plant and overflow basin
site. Mr. Wattenbarger stated that they are uneasy that such use, in addition to
destroying the existing habitat on the Neufeld acreage, could create significant
negative impact to the habitat of their adjoining 180 acres. He stated that it
seems that Semitropic could build in the SE corner of Section 1 which is still in
the same proximity to their proposed open canal and on land that they already
own. In addition, Mr. Wattenbarger inquired who is going to acquire the property,
to which Mr. Van Wyk responded that with regard to the 40 aces, the Semitropic
Water District has indicated an interest in that property and they would like to
acquire it. Depending on what the Trust Group decides today, they can either let
Semitropic go ahead and purchase it, or the Trust Group can purchase it for the
Department of Fish and Game. Mr. Van Wyk if Semitropic Water District did not
purchase that property that the Trust Group would go ahead and propose funding
for the California Department of Fish and Game. Mr. Wattenbarger pointed out
that it is still in the air and no one knows which way it is going to go yet. Member
James inquired if the intent is that this is being offered for acquisition by
Semitropic. Mr. Van Wyk responded that Neufeld owns the property and they
are in a cooperative agreement with Semitropic Water District that any properties
adjacent to their land they work out to see if they’re interested in acquiring it. He
stated that they have entered into a possible agreement, and they have
expressed an interest in this and would like to acquire the 40 acres.
Member James commented that the intent before them is that Semitropic would
acquire the property. Member Grady inquired if the recommendation is that the
Trust Group acquire the property today, to which Mr. Van Wyk responded in the
negative. He clarified that the Trust Group would only acquire today if Semitropic
Water District does not acquire it. Member Grady inquired if there is an
agreement that says the Trust Group with acquiesce to the water district, and if
so, what would be expected of the Trust Group today if there already is an
agreement that the Trust Group is not going to acquire the property, and the
water district is going to acquire the property. Mr. Van Wyk responded that they
don’t have an agreement, except the water district saying that they would be
interested in acquiring in, and if they don’t acquire it then the Trust Group would
go ahead and put it into escrow. Mr. Van Wyk commented that the Department
of Fish and Game wanted to make sure that whoever acquires this property
comply with all the rules and regulations of the Endangered Species Act, and
wanted to make sure that Semitropic Water District addressed that issue.
Mr. Van Wyk commented that since Semitropic has expressed a desire to
acquire the subject property, the Trust Group would not be acquiring it today.
Member Grady asked what the action to be taken is on the 39.8 acres that is on
the agenda. Staff responded that the report is written so that they don’t have to
come back if Semitropic does not acquire the property. Member James
commented that for the sake of keeping things clear that they hold off on this one
39.8 parcel, and defer any other action until we know what happens with
Semitropic.
Mr. Divelbiss offered that there are several options: 1) approve contingent and
set a time period, or just authorize staff in the event Semitropic does not acquire
the 39.8 acres to acquire it by authorization; or 2) continue this particular item
either to the next Trust Group meeting or perhaps to the special meeting in two
weeks.
Mr. Wattenbarger commented that if it is not going to be set aside as upland
game habitat, as they were led to believe, they are willing to pay $47,856 or more
as listed in Agenda Item 7(e), and are prepared to fund the acquisition
immediately. Member James inquired what his acquisition goal was. Mr.
Wattenbarger responded that their goal is to put it with the other 180 acres that
they have to make it 220 acres total. He pointed out that where the orange dot is
on his map, if they had their green parcel, the whole triangle could set aside 220
acres as water fowl, upland game, offer it for several types of habitat, and it
would be the last pristine pieces left in that area. Mr. Wattenbarger pointed out
that they’ve owned it for almost 30 years and have taken exceptional care of it.
He concluded that they are prepared to continue taking care of it.
John Muir representing Semitropic stated that the purchase of the property was
under the understanding that if they’re trying to attain property to develop their
infrastructure, and pointed out that there will be a canal going in the same
alignment up until the well build that’s been there for years. He pointed out that
the idea is that they (Semitropic) want as little disturbance to the land as
possible. He stated that their intent was not to compete with the Trust Group on
purchasing the land, and that they wanted to come to some agreement on the
land that affected their alignment and infrastructure. He further stated that
Semitropic’s intent on all the property in that area that they are buying is to have
the least amount of impact as possible, clarifying that it is not going to be farmed,
but is just to get to their original plan that was done 20 years ago, and develop
the infrastructure needed for that area for their needs.
Member Grady inquired if it was Semitropic’s intention to acquire the property, to
which Mr. Muir responded in the affirmative.
Mr. Divelbiss inquired if Semitropic acquires any of this property or right-of-way
using the power of eminent domain. Mr. Muir responded that eminent domain is
an option for Semitropic, but they don’t usually attain property through eminent
domain.
The public hearing is closed.
Member James explained that the Trust Group program is designed to help the
building industry acquire property, and they get certain credit for that to allow
further urban development to happen. Mr. Wattenbarger’s request to buy the
subject 39.8 acres would mean that the Trust Group would not get credit for that,
and that would be his concern related the effort they have put in to trying to
acquire the property. He pointed out that his first concern is the purpose of their
committee, which is to acquire properties so that they can stay ahead of the take
for urban development that occurs in the Metropolitan area.
Annee Ferranti stated that Department of Fish and Game staff did go out and
took a look at the property, and confirmed that it is a recovering property. She
indicated that it appears that it was once an old duck club, and it has now begun
to recover back to upland habitat, which means that there is the potential for
upland threatened endangered species to also have moved in. She pointed out
that if there were to be a change in the property use from upland to something
else, it may require coming to the Department and seeking consultation
beforehand under the California Endangered Species Act.
Member Carpenter commented that it is almost a 40 acre piece and she is
curious as to how much of that property that Semitropic would need for their
proposed facilities, and if an easement could be done for those purposes and the
portion that they used could be looked at differently from what the committee is
trying to do so they would not lose the full benefit of the property.
Mr. Divelbiss commented that as a public entity they are exempt from the
requirements of the Subdivision Map Act in the acquisition, and therefore if they
acquire less than the full parcel it would not constitute a Map Act problem.
Therefore, they could acquire either the full parcel subject to an easement, or
part of the parcel, and leave the remaining fee to be acquired by Semitropic if
that is their interest.
Ms. Eng requested that this 39.8 acre portion be continued to the next meeting in
two weeks on October 1, 2009, so they can weight the options out and see what
the benefits are related to the Trust Group getting habitat credit. Member James
commented that at the next hearing Mr. Wattenbarger would be given an
opportunity to offer other testimony, and he encouraged him to contact staff to
express his concerns.
There were no further comments.
Mr. Grady moved to approve agenda item (e) in part, and continue a portion of it.
Specifically approve APN 058-190-09 (80 acres) and APN 058-190-10 (200
acres) for acquisition, and continue APN 05-90504 on 39.8 acres to the October
1, 2009 meeting.
Motion approved by group vote.
8. Public Presentations
No public presentations made.
9. Implementation Trust Group Member Announcements or Reports
No announcements or reports were given.
ADJOURN TO CLOSED SESSION
No reportable action from closed session.
ADJOURN
The next meeting was scheduled to October 1, 2009, at 10:00 a.m.
There being no further business the meeting was adjourned at 11:05 a.m.
Dana Cornelius, Recording Secretary
Jennie Eng, Trust Group Administrator
Metropolitan Bakersfield Habitat Conservation Plan