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HomeMy WebLinkAboutJAN 28 MBHCP MINUTES Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group MINUTES Agenda Item 1 January 28, 2010 at 10:00 a.m. County of Kern Administrative Center First 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: Present: Jim Eggert, Ted James, Tim Kuhn, Donna Carpenter Absent: Julie Vance STAFF: Bruce Divelbiss, Jennie Eng, Pamela Elisheva, Cecelia Griego, Dana Cornelius, Mitch Van Wyk, Randy McKeegan * CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: * 1. APPROVE minutes for the MBHCP Implementation Trust Group meetings 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 to be acquired 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 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 Lokern Preserve. The property is owned Seventh-day Adventist Properties 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 Anthony and Marianne Klein 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. 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 Bo Roos Lokern Preserve. The 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. 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 Dennis Desert Land LLC County. The property is 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. The hearing was opened up for comments. Arthur Unger requested items 3(a) & 3(b) removed from the consent calendar. Member Carpenter wished to comment on item 1. She indicated the minutes for September 17, 2009 MBHCP meeting show her as absent when she did attend that meeting. Member James moved to approve the consent agenda with correction being made to item 1 and removal of items 3(a) & 3(b). Motion carried by group vote. Mr. Arthur Unger with the Sierra Club stated that the properties in 3(a) & 3(b) seem similar. The prices are different and wanted an explanation for why the prices are different if the properties seem similar. If there is a reason for the difference in price in that area there is very little you can do with the property. Would the property that is higher priced come our way later on when they see that is all they can get is what we give them. There seems to be some rival use that drives the price up. Mr. Van Wyk responded that the main reason there is a difference between the two properties is the one that has the lower price per acre has a wash through it and we probably will not get as much mitigation credit from the Department of Fish and Game because of the wash. As a result, we offered basically the same price per acre for the usable land but we did not offer anything for the wash area that we would not get any mitigation. That is why there is a difference in price. Member Eggert inquired as to what property has the wash through it. Mr. Van Wyk indicated that it was the Klein property. He pointed out that similar properties have been acquired and applied the same type of reasoning on other properties that were acquired in that area. He further stated that in a later report that will be made to this board, the trust group administrator will designate how much mitigation credit will be received and that will be reflected in that particular parcel once we get the preliminary title report and take a look at the aerial photographs. Member James moved to approve item 3(a) & 3(b). Motion carried by group vote. 6. Public Presentations No public presentations were given. 7. Implementation Trust Group Member Announcements or Reports None. NO CLOSED SESSION ADJOURN The next meeting was scheduled to April 15, 2010, at 10:00 a.m. There being no further business the meeting was adjourned at 10:15 a.m. Dana Cornelius, Recording Secretary Jennie Eng, Trust Group Administrator Metropolitan Bakersfield Habitat Conservation Plan