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HomeMy WebLinkAboutDECEMBER 16 AGENDA AGENDA Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group December 16, 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: Ted James – Kern County (Chairman); Jim Eggert –City of Bakersfield (Secretary); Annee Ferranti – CDFG Advisory Member; Tim Kuhn – USFWS Advisory Member; Rick L. Perry – Public At-Large Advisory Member ROLL CALL: CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH AN * ASTERISK () 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 For each property listed below, staff 1.* 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 MBHCP Implementation Trust Group Page 2 Hearing Agenda December 16, 2010 ENDOWMENT, and; a) *APN 102-150-34 (5.07 acres) — being in NW ¼ of Section 30, T29S, R23E, MDM, County of Kern; located approximately 1.65 miles southwest of the intersection of Lokern Road and State Highway 58. The property is owned by Hassan & Pamela and the proposed purchase price is $6,135 to be acquired by the State of Zamani California. APPROVE ACQUISITION AT PURCHASE PRICE OF $6,135. b) *APN 099-280-29 (2.5 acres) — being a portion of E ½ of SE 1/4 of Section 13, T 29 S, R 22 E, MDM, County of Kern; located approximately 1.2 mile northwest of the intersection of Lokern Road and State Highway 58. The property is owned by Janis and the proposed purchase price is $2,750 to be acquired by the State of Lindgren California. APPROVE ACQUISITION AT PURCHASE PRICE OF $2,750. c) *APN 046-171-18 (4 acres) — being a portion of E ½ Section 23, T 25 S, R 23 E, MDM, County of Kern; located approximately two miles northeast of the intersection of Rowlee Road and Pond Road. The property is owned by and the Barry Saphiloff proposed purchase price is $6,000 to be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $6,000. d) *APN 059-090-03 (10 acres) — being a portion of S ½ of NE ¼ Section 15, T 26 S, R 23 E, MDM, County of Kern; approximately 0.7 Miles southeast of the intersection of Sherwood Avenue and Bell Road. The property is owned by and Robert C. Gallagher the proposed purchase price is $14,000 to be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $14,000. e) *APN 046-171-07 (5 acres) — being a portion of E ½ of Section 23, T 25 S, R 23 E, MDM, County of Kern; located approximately 1.5 miles northeast of the intersection of Rowlee Road and Pond Road. The property is owned by and the Peter Bailey proposed purchase price is $7,500 to be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $7,500. f) *APN 046-210-04 (5 acres) — being a portion of NE ¼ Section 26, T 25 S, R 23 E, MDM, County of Kern; located approximately one mile northeast of the intersection of Rowlee Road and Pond Road. The property is owned by and the Paul Del Rosario proposed purchase price is $7,500 to be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $7,500. MBHCP Implementation Trust Group Page 3 Hearing Agenda December 16, 2010 g) *APN 046-171-10; 046-171-11; 046-171-12; & 046-171-13 (5 acres) — being a portion of E ½ of Section 23, T 25 S, R 23 E, MDM, County of Kern; located approximately one mile south of Garces Hwy and one mile west of Wildwood Road. The property is owned by and the proposed purchase price is $7,500 to be acquired by the George Lusich State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $7,500. *Correction of description for property previously approved by MBHCPITG on November 2. 18, 2010. a.APN 046-162-12 (5 acres) — being a portion of S ½ of Section 23, T 25 S, R 23 E, MDM, County of Kern; located approximately 1.27 mile northeast of the intersection of Pond Road and Rowlee Road. The property is owned by and the Samuels and Karns proposed purchase price is $7,500 to be acquired by the State of California. APPROVE ACQUISITION AT PURCHASE PRICE OF $7,500. 3. APPROVE minutes for the MBHCP Implementation Trust Group meeting of November 18, 2010. Consideration of a request by the Rosedale Union School District to participate 4. in the Metropolitan Bakersfield Habitat Conservation Plan and to use the related Incidental Take Permits (ESA #PRT 786634, CESA Section 2081)for the Rosedale Middle School playground/playfield improvements in an area of known San Joaquin kit fox dens. APPROVE THE REQUEST BY THE ROSEDALE UNION SCHOOL DISTRICT TO USE THE METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN AND RELATED INCIDENTAL TAKE PERMITS (ESA #PRT 786634, CESA SECTION 2081) 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. MBHCP Implementation Trust Group Page 4 Hearing Agenda December 16, 2010 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)). NO 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 Martin Ortiz at (661) 326-3786. 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. T:\Planning\HCP Trust Group\TG Meetings\2010\December 16\Agenda December 16.doc