HomeMy WebLinkAboutOCT 1 MBHCP MINUTES
Metropolitan Bakersfield Habitat Conservation Plan
Implementation Trust Group
MINUTES
Agenda Item 1
October 1, 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: Stanley Grady – 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: Present: Ted James, Stanley Grady, Annee Ferranti
Absent: Tim Kuhn, Julie Vance, Donna Carpenter
STAFF: Bruce Divelbiss, Jennie Eng, Jim Eggert, Pamela Elisheva, Cecelia Griego,
Melanie Dunwoody, Dana Cornelius
Member Grady stated that Agenda Item 2(a) has been requested to be taken off
consent and will be heard in the regular agenda order.
*
CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT:
STAFF RECOMMENDATIONS SHOWN IN CAPS AND UNDERLINED
*
2. 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;
b) 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.
APPROVE ACQUISITION AT PURCHASE PRICE OF $26,000.
(c) APN 058-190-11 (40 acres) – being SE ¼ of NW ¼ of Section 12, T26S, R22E,
MDM, Kern County; located approximately one and one half mile east of
Corcoran Road and two miles northwest of Sherwood Avenue. The property is
Samuel Baker and Virginia Reagan Cords
owned by and the proposed
purchase price is $48,000.
APPROVE ACQUISITION AT PURCHASE PRICE OF $48,000.
Member James moved to approve the Consent Agenda, which includes items
2(b) and 2(c).
Motion carried by group vote.
2. 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:
a) 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.
Staff commented that a memo was prepared dated October 1, 2009, regarding
this agenda item, which clarifies and corrects items in the Staff Report, pointing
out that an error was made in calculation of $300/acre as an administrative cost,
when the acceptable process is a finder’s fee which is calculated at 10% of the
adjusted sales price, which in the Neufeld case it would be approximately
$110+/- per acre. Staff is recommending a change from the agenda’s motion to
reflect a correction motion of “Not for the Trust Group to acquire the property.”
Counsel commented that the Trust Group does not need to take any action to not
acquire the property.
James L. Wattenbarger thanked the group for the two-week extension because it
gave him time to talk to Semitropic Water and they worked out some things. He
said that they have signed a tentative agreement with them.
John Muir with Semitropic inquired what the “No Action” means to Semitropic.
Member Grady explained that it would mean that the Trust Group would not be
acquiring the property. Mr. Muir inquired if they would just buy it outright, to
which Member Grady affirmed. Staff affirmed that they are getting a finder’s fee.
No further public comments.
Resolution for Stan Grady for recognition of service as Implementation Trust
1.
Group Board Member and for his contributions in the implementation of the
MBHCP.
Member James presented Member Grady with a Resolution.
Member James moved to adopt the Resolution.
Motion carried by group vote.
Public Presentations
3.
No public presentations were given.
4. Implementation Trust Group Member Announcements or Reports
Mr. Divelbiss commented that Member James is acting as the Interim Resource
Management Agency Director.
NO CLOSED SESSION
ADJOURN
The next meeting was scheduled to January 28, 2010, at 10:00 a.m.
There being no further business the meeting was adjourned at 10:21 a.m.
Dana Cornelius, Recording Secretary
Jennie Eng, Trust Group Administrator
Metropolitan Bakersfield Habitat Conservation Plan