HomeMy WebLinkAboutNOV 18 MBHCP MINUTES
Metropolitan Bakersfield Habitat Conservation Plan
Implementation Trust Group
MINUTES
Agenda Item 3
November 18, 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: Present: Ted James, Jim Eggert, Annee Ferranti, Tim Kuhn, Rick L. Perry
Absent: None
STAFF: Bruce Divelbiss, Martin Ortiz, Mitch Van Wyk, Pamela Elisheva, Cecelia Griego,
Kate Shea, Melanie Dunwoody, Dana Cornelius
CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT:
*
APPROVE minutes for the MBHCP Implementation Trust Group meeting of August 12,
2.*
2010.
Transmittal of FY 10-11First Quarterly Report to the MBHCP Implementation Trust Group
3.*
– RECEIVE AND FILE.
For each property listed below, staff
4.* 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;
*APN 059-160-29 (76.82 acres) — being the E ½ of NE ¼ of Section 33, T26S, R23E,
a)
MDM, County of Kern; located along the west side of McCoy Ave, 1 ½ mile north of
McCombs Road. The property is owned by and the
Alfred & Barbara Sanchez
proposed purchase price is $107,548 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $107,548
*APN 059-160-31 (77.73 acres) — being W ½ of NE 1/4 of Section 30, T26S, R23E, MDM,
b)
County of Kern; located ¼ mile west of McCoy Ave, 1 ½ mile north of Mc Combs
Road. The property is owned by
Yvonne S Costigan Smith & Hillaire Geraldine Dailey
and the proposed purchase price is $93,276 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $93,276
*APN 059-061-06; 059-061-09; 059-061-10 (72.37 acres) — being a portion of W 1/2
c)
Section 8, T 26 S, R 23 E, MDM, County of Kern; located ½ mile north of Sherwood Ave
and ½ mile west of Gun Club Road. The property is owned by
Gordon Drescher & John
and the proposed purchase price is $90,000 to be acquired by the State of
Drescher
California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $90,000
*APN 086-280-16 (10 acres) — being a portion of SW ¼ Section 28, T 28 S, R 22 E, MDM,
d)
County of Kern; located in the Lokern Preserve area approximately 2 ½ miles north of
Seventh Standard Road. The property is owned by and the proposed
Gassy Lassy LP
purchase price is $11,000 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $11,000
*APN 046-102-25 (5 acres) — being a portion of SE ¼ Section 15, T 25 S, R 23 E, MDM,
e)
County of Kern; located approximately ½ mile south of Garces Hwy and 2 miles west
of Wildwood Road. The property is owned by and the proposed
Ida Nadine Anderson
purchase price is $8,250 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $8,250
*APN 059-110-06 (10.04 acres) — being a portion of N ½ of SE ¼ of Section 15, T 26 S, R
f)
23 E, MDM, County of Kern; located approximately ½ mile south of Sherwood Avenue
and 1 ½ mile east of Gun Club Road. The property is owned by and
Juan Jose Moreno
the proposed purchase price is $15,462 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $15,462
*APN 046-161-09 (5.00 acres) — being a portion of S ½ of Section 23, T 25 S, R 23 E,
g)
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
*APN 046-190-12 (10.27 acres) — being a portion of E ½ Section 22, T 25 S, R 23 E, MDM,
h)
County of Kern; located approximately 1.2 miles north of the intersection of Pond
Road and Rowlee Road. The property is owned by and the
John and Jeri Lyon
proposed purchase price is $15,405 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $15,405
*APN 046-161-09 (5.00 acres) — being a portion of S ½ of SE ½ of Section 23, T 25 S, R 23
i)
E, MDM, County of Kern; located approximately 1.14 mile northeast of the intersection
of Pond Road and Rowlee Road. The property is owned by and the
Don D. Gilbert
proposed purchase price is $7,500 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $7,500
Hearing opened for public comments. No comments from the public were presented.
Member Eggert moved, seconded by Member James, to approve the consent
calendar.
Motion carried by group vote.
NON-CONSENT AGENDA:
1. Announcement of County of Kern appointment of the MBHCP Implementation Trust
Group Public-At-Large Representative, Rick L. Perry.
Public Presentations
No public presentations were made.
Implementation Trust Group Member Announcements or Reports
Member James commented that it would be appropriate for staff to prepare letters of
appreciation to Donna Carpenter for her two-year service to this group, and to Jenny Eng. He
pointed out that Martin is taking Jenny’s position.
Member Eggert moved, seconded by Member James, to prepare letters of
appreciation.
Motion carried by group vote.
Member James commented that it was his believe that the Rosedale School Superintendent
was going to be in attendance at today’s meeting pointing out that the superintendent has
been working with the two wildlife agencies represented on the trust group to resolve the kit
fox den issues, as well as mitigation issues. Member James stated that it was his understanding
that the superintendent was going to be asking the trust group if they could participate in this
program. Member James stated that he believed staff needs to review this request and the
wildlife agencies need to provide the trust group with letters expressing their support for the
use of the program because the use by others who are not issued building permits, such as
school districts, are not ordinarily covered under this program.
Member James suggested that when they take this request under consideration they continue
the request and have a special meeting to resolve whether or not the school district can
participate in the program.
Mr. John Mendiburu, District Superintendent for Rosedale Union School District, appeared at
the meeting and made his request to the trust group. He explained that the school district was
currently in the process of adding a track to expand the physical fitness program at the
Rosedale Middle School campus located on Rosedale Highway. Mr. Mendiburu stated that in
the process they found that there were some kit foxes in the empty field. He commented that
they have been working with the Fish and Game Department, U.S. Fish and Wildlife, as well as
their biologists to relocate the den. They have all come to the consensus that they need to
approach the Metropolitan Bakersfield Habitat Conservation Trust Group and the trustees to
get assistance with relocation. Mr. Mendiburu stated the urgency is due to the fact that the
students do not have a play yard right now and that they have been doing P.E. on the
blacktop area. In addition, Mr. Mendiburu stated that the other urgency for the school district,
as well as the biologist, is that between January and June they will not be able to relocate the
den because that period of time is mating season. Mr. Mendiburu requested consideration
for the Metropolitan Bakersfield Habitat Conservation Plan to be looked at for the school
district.
Member James inquired how much acreage the agencies are requiring. Mr. Mendiburu
stated they have paid up to four acres and is unclear if there is additional acreage. The
school district is requesting that those fees be paid so that they can move forward to the next
step.
Member Eggert inquired if the property was in city or county jurisdiction to which Mr.
Mendiburu replied it is in the county’s jurisdiction.
Member Eggert commented that on page 54 of the MBHCP Plan he questions where they
even need to come before the trust group as the third paragraph states that the program
does apply to actions by the city or county and that state projects such as highways, hospitals,
schools, which do not require permits from the city or county, are not automatically covered.
However, there is a provision in the Metropolitan Bakersfield Habitat Conservation Plan that
says that these are taken on a case-by-case basis. He explained that either you participate by
payment of the fee to the respective jurisdiction that’s administering it, or you negotiate
separately through the wildlife or state agencies. Member Eggert commented that it appears
that the one option the district wants to take is to go through the typical administrative
process through the county.
Mr. Divelbiss asked Member Eggert to read the entire section verbatim.
Member Eggert read: “Because the MBHCP section 10 need permit only applies to actions by
the city or county, state projects such as state highways, hospitals, and schools in the MBHCP
area which do not require permits from the city and/or county are not automatically covered
by the incidental take permit. Such projects can either be incorporated into the MBHCP
program on a case-by-case basis by voluntary involvement of the local permitting process
without requiring an amendment to the permit or alternatively the state negotiates separate
endangered species mitigation with the resource agencies. If MBHCP participation is sought,
specific mitigation fees will be determined from the same gross acreage basis as would be
used for conventional habitat.”
Mr. Divelbiss stated that his concern has to do with the voluntary involvement in a permitting
process that does not normally apply to schools. He stated that having a tracking permit
would be essential in following the language provided. He also recommended that the trust
group consider seeking a written concurrence from the two wildlife agencies that they are
willing to allow this project to be sheltered under the terms of the 10A or 2081 permits
respectively so that the record is clear that the wildlife agencies have concurred and that
they are expecting only the same acreage mitigation that any other project seeking such a
permit that is under the county jurisdiction would have to comply with. After this concurrence
is obtained then some action by the trust group would be appropriate.
Member Eggert commented that he is aware of hospitals and other groups that have
obtained state permits that the city has worked with in which the permitting was just an
approval, and the hospital was able to use the program. He commented that this trust
group’s role is over the purchasing of property, whereas the plan allows implementation for
each jurisdiction.
Mr. Divelbiss commented that Member James is proposing not a continuance but rather an
adjourned meeting, to which Member James confirmed.
Member James reiterated that it is a one-to-one mitigation and will not put an undue burden
on this program because the beneficiaries of this program were the urban development
interests.
Mr. Divelbiss recommended adjourning this meeting to a date shortly hereafter so they can
obtain the documentation.
Member Eggert inquired if there is a permit from the county if they would need to come back
to this board because they will have gone through a local process.
Mr. Divelbiss responded that because it is case-by-case, and they are seeking input from the
wildlife agencies, that it should be brought back to this board for discussion because there will
be no permit issued to the school district.
Member Perry commented that incidental take authorization comes with the issuance of a
grading permit and inquired if some other permit is going to satisfy that requirement.
Mr. Divelbiss responded that any permit that is developmentally related would work because
not every project has a grading permit.
Member James stated in the past when there is not a typical development permit they can
issue a tracking permit to address the permit requirement.
NO CLOSED SESSION
ADJOURN
Member Eggert moved, seconded by Member James to adjourn this meeting to
10:00 a.m. on Thursday, December 16, 2010.
Motion carried by group vote.
There being no further business the meeting was adjourned at 10:27 a.m.
Dana Cornelius, Recording Secretary
Martin Ortiz, Trust Group Administrator
Metropolitan Bakersfield Habitat Conservation Plan