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Home My WebLink AboutAUG 12 MBHCP AGENDA AGENDA Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group August 12, 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.Annual transfer of the MBHCP Implementation Trust Group Chairmanship between the City of Bakersfield and Kern County. NAME TED JAMES (KERN COUNTY) AS CHAIRMAN AND JIM EGGERT (CITY OF BAKERSFIELD) AS SECRETARY, EFFECTIVE IMMEDIATELY. 2.APPROVE minutes for the MBHCP Implementation Trust Group meeting of April 15, * 2010. 3. 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. 4. Transmittal of FY 09-10 Annual and Fourth Quarterly Report to the MBHCP * Implementation Trust Group - RECEIVE AND FILE. 5.APPROVE FY 2010-11 Annual Budget of the MBHCP Implementation Trust Group. * MBHCP Implementation Trust Group Page 2 Hearing Agenda August 12, 2010 6. For each property listed below, staff * Purchase of Habitat Mitigation Land: 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 099-090-05 (2.725 acres) — being a portion of the NE ¼ of Section 3, T29S, R22E, MDM, County of Kern; located 3.2 miles northwest of the intersection of Highway 58 and Lokern Road, within the Lokern Preserve. The property is owned by Jean and the proposed purchase price is $2,998 to be acquired by the State of Stephens California. APPROVE ACQUISITION AT PURCHASE PRICE OF $2,998. b) APN 099-090-21 (2.5 acres) – being a portion of the NE ¼ of Section 3, T 29S,R 22E, MDM, County of Kern; located approximately 3.2 miles northwest of the intersection of Highway 58 and Lokern Road, within the Lokern Preserve. The property is owned by and the proposed purchase price is $2,750 to be acquired by the Torri Norman State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $2,750 c) APN 099-120-05 (10 acres) – being a portion of the NW ¼ of Section 10, T 29S,R 22E, MDM, County of Kern; located approximately 3.9 miles northwest of the intersection of Highway 58 and Lokern Road, within the Lokern Preserve. The property is owned by and the proposed purchase price is $10,000 to be acquired by the Gene Steuben State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $10,000 MBHCP Implementation Trust Group Page 3 Hearing Agenda August 12, 2010 d) APN 086-300-11 (40 acres) — being the NE ¼ of NE ¼ of Section 32, T28S, R22E, MDM, County of Kern; located approximately one mile north of 7th Standard Road, five miles east of Hwy 33, in western Kern County. The property is owned by Bill Gentry and the proposed purchase price is $44,000 to be acquired and Dr. William Karow by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $44,000 e) APN 086-311-11 (5 acres) — being a portion of the NE ¼ of SE ¼ of Section 32, T28S, R22E, MDM, County of Kern; located approximately one half mile north of 7th Standard Road in the Lokern Preserve area, in western Kern County. The property is owned by and the proposed purchase price is $6,000 to Eduardo and Erlinda Nitro be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $6,000 f) APN 086-272-31 (5 acres) — being a portion of SE ¼ of NW ¼ of Section 28, T28S, R22E, MDM, County of Kern; located approximately one and one-half mile north of 7th Standard Road, five miles east of Hwy 33, two miles west of Main Drain Road, in western Kern County. The property is owned by and the proposed Tom Hopkins purchase price is $5,500 to be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $5,500 g) APN 086-271-06 (11.25 acres) – being a portion of NW ½ & NE ¼ of NW ¼ of Section 28, T28S, R22E, MDM, County of Kern; located two miles north of 7 Standard Road th and one and one-half miles west of Main Drain Road, in western Kern County. The property is owned by and the proposed purchase price is $12,375 Margaret Franck to be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $12,375 h) APN 046-150-06 (100 acres) – being a portion of W ½ of Section 23, T25S, R23E, APN 046-240-11 (20 acres) – being a portion of NE ¼ of Section 27, T25S, R23E, APN 046- 240-15 (20 acres) – being a portion of SE ¼ of Section 27, T25S, R23E, APN 046-260-27 (80 acres) – being the E ½ of SW ¼ of Section 29, T25S, R23E, MDM, County of Kern; located north of Pond Road, approximately one and one-half mile west of Wildwood Road and approximately two miles south of Garces Hwy. The property is owned by and the proposed purchase price Anthony L. Grant and I Chapman et al is $258,000 to be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $258,000 MBHCP Implementation Trust Group Page 4 Hearing Agenda August 12, 2010 i) APN 058-230-40 (80 acres) – being the W ½ of NW ¼ of Section 7, T26S, R22E, MDM, County of Kern; located approximately two miles east of Lost Hills Road and two miles south of the Kern National Wildlife Refuge. The property is owned by Michael and the proposed purchase price is $96,000 to be acquired by and Charlene Weber the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $96,000 j) APN 102-190-36 (3 acres) – being a portion of the NW 1/4 of NE ¼ of Section 32, T29S, R23E, MDM, County of Kern; located approximately 2.3 miles southeast of the intersection of State Highway 58 and Lokern Road. The property is owned by Gladys and the proposed purchase price is $3,300 to be acquired by the State of Farbina California. APPROVE ACQUISITION AT PURCHASE PRICE OF $3,300 k) APN 102-190-26 (6 acres) and APN 102-190-45 (0.5 acres)– being portions of the N 1/2 of NE ¼ of Section 32, T29S, R23E, MDM, County of Kern; located approximately 2.3 miles southeast of the intersection of State Highway 58 and Lokern Road. The property is owned by and the Gerald Hoelscher and Jan Twaddell -Hoelscher proposed purchase price is $7,150 to be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $7,150 7. Communications from TRIP - RECEIVE AND FILE. * Public Presentations 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 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)). MBHCP Implementation Trust Group Page 5 Hearing Agenda August 12, 2010 ADJOURN TO CLOSED SESSION CLOSED SESSION 8.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: a) APN 088-200-07 (300 acres)—being a portion of W ½ of Section 29, T28S, R24E, MDM, County of Kern; located east of Jumper Avenue and a mile north if Seventh Standard Road. The property is owned by Glen M. Mills Trust. b) APN 069-192-07 (40 acres) – portion SE 1/4 SE 1/4 of Sec. 23, T 27 S, R 22 E, MDM; APN 069-230-09 (421.54 acres) – portion of Sec. 25, T 27 S, R 22 E, MDM; APN 069- 230-34 (232.51 acres) – portion of Sec. 27, T 27 S, R 22 E, MDM; APN 069-230-35 (336.74 acres) – portion of Sec. 35, T 27 S, R 22 E, MDM; APN 069-230-37 (239.72 acres) – portion of Sec. 27, T 27 S, R 22 E, MDM; APN 069-350-31 (143.8 acres) – portion NE 1/4 of Sec. 31, T 27 S, R 23 E, MDM; APN 087-130-25 (148.71 acres) – portion of Sec. 21, T 28 S, R 23 E, MDM; APN 087-140-16 (32.04 acres) – portion NE 1/4 of Sec. 20, T 28 S, R 23 E, MDM; APN 087-140-18 (41.37 acres) – portion NE 1/4 of Sec. 20, T 28 S, R 23 E, MDM; APN 087-160-24 (58.73 acres) – portion NE 1/4 of Sec. 28, T 28 S, R 23 E, MDM; located east and west of Interstate 5, generally between the intersections of State Route 46 and Interstate 5 and Seventh Standard Road in north-central Kern County. The property is owned by Te-Chaun Chang et al. 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.