HomeMy WebLinkAboutMARCH 10 MBHCP AGENDA
AGENDA
Metropolitan Bakersfield Habitat Conservation Plan
Implementation Trust Group
March 10, 2011 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
* APPROVE minutes for the MBHCP Implementation Trust Group meeting of December 16,
1.
2010.
* APPROVE payment to Mitch Van Wyk of an amount not to exceed $3,360 for the
2.
purchase of a one-year subscription to MetroScan Online property data bases for Kern,
Kings, and Tulare Counties.
* Transmittal of Quarterly Report to the MBHCP Implementation Trust Group - RECEIVE AND
3.
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
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Hearing Agenda March 10, 2011
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 046-171-03 (12 acre site) — 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
Arnold J. Provisor &
and the proposed purchase price is $17,100 to be acquired by the
LaVerne Provisor
State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $17,100.
b) *APN 046-130-03 & 046-130-20 (5.82 acre site) — being a portion of N ½ of NE ¼ of NE
¼ of Section 18, T 25 S, R 23 E, MDM, County of Kern; located along the south side of
Garces Hwy, approximately 2 ½ miles east of Corcoran Road.The property is owned
by and the proposed purchase price is $8,730 to be acquired by the
Eileen Rowe
State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $8,730.
c) *APN 046-163-20 (5 acre site) — being a portion of S ½ of Section 23, T 25 S, R 23 E,
MDM, County of Kern; located approximately 1 ½ mile south of Garces Hwy and
one mile west of Wildwood Road.The property is owned by and the
Brad Dacus
proposed purchase price is $7,500 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $7,500.
d) *APN 046-260-19 (5 acre site) — being a portion of SE ¼ of NW ¼ of Section 29, T 25 S, R
23 E, MDM, County of Kern; located approximately 2 miles south of Garces Hwy and
1 ½ mile west of Bell Road.The property is owned by and the
Regina S. Sanders
proposed purchase price is $8,000 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $8,000.
e) *APN 046-171-02 (12 acre site) — 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
Evelyn J. Gladstone
the proposed purchase price is $18,810 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $18,810.
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Hearing Agenda March 10, 2011
f) *APN 058-321-01 (174.51acre site) — being the NW ¼ of Section 30, T 26 S, R 22 E,
MDM, County of Kern; located approximately 1.5 miles north of the intersection of
Interstate 5 and Highway 46. The property is owned by
Connie Hawkins and the
and the proposed purchase price is
Patricia C. & Frederick Owen Hawkins Trust
$157,059 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $157,059.
g) *APN 046-120-22 (15 acre site) — being a portion of SW ¼ of NE ¼ of Section 18, T 25 S,
R 23 E, MDM, County of Kern; located along the south side of Garces Hwy,
approximately 2 ½ miles east of Corcoran Road. The property is owned by
Sydell E.
and the proposed purchase price is $21,450 to be acquired by the State of
Paperno
California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $21,450.
h) *APN 099-250-27 (1.25 acres) – being a portion of N ½ of NW ¼ of Section 4, T29S, R22E,
MDM, County of Kern; located ¼ mile south of Seventh Standard Road, along the
west side of the California Aqueduct; and 102-020-33 (1.25 acres) — being a portion
of N ½ of SW ¼ of Section 20, T29S, R23E, MDM, County of Kern; located in the Lokern
Preserve area approximately one mile south of 58 Hwy. The property is owned by
and the proposed purchase price is $2,750 to be acquired by the
Gassy Lassy LP
State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $2,750.
i) *APN 058-300-36 (2.51 acres) – being a portion of the SE ¼ of Section 26, T26S, R22E,
MDM, County of Kern; located 1.5 miles northeast of the intersection of Corcoran
Road and McCombs Road. The property is owned by and the
Donna Flanders
proposed purchase price is $3,263 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $3,263.
* Request for authorization to purchase tax defaulted parcels for acquisition by the
5.
MBHCP Implementation Trust Group as habitat mitigation land: For each property
listed below, staff recommendation is as follows:
ADOPT RESOLUTION AUTHORIZING THE PURCHASE OF TAX DEFAULTED PROPERTY FROM
THE COUNTY OF KERN; (2) AUTHORIZE MBHCP TRUST ADMINISTRATOR TO FILE THE
NECESSARY APPLICATIONS, AGREEMENTS AND OBJECTION-TO-SALE DOCUMENTS WITH
THE KERN COUNTY TREASURER-TAX COLLECTOR; (3) AUTHORIZE IMPLEMENTATION TRUST
GROUP CHAIRMAN TO EXECUTE THE NECESSARY AGREEMENT WITH THE KERN COUNTY
BOARD OF SUPERVISORS; (4) AUTHORIZE FUNDS NECESSARY TO REIMBURSE KERN
COUNTY FOR EXPENSES INVOLVED IN REMOVAL OF PARCELS FROM TAX SALE,
INCLUDING PAYMENT OF BACK TAXES AND TAX PENALTIES FOR PARCELS, AND REQUIRED
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Hearing Agenda March 10, 2011
DEPOSITS.
a) *APN 059-090-10 is owned by , is 10 acres, located in Section
Randall & Kelli Morse
15, Township 26 S, Range 23 E, 0.55 miles southeast of the intersection of Sherwood
Avenue and Bell Road. Reimbursement costs are $7,060.00
b) *APN 059-020-20 is owned by , is 5 acres, located in Section 11,
Erik Fandrik
Township 26 S, Range 23 E, 1.6 miles northeast of the intersection of Sherwood
Avenue and Bell Road. Reimbursement costs are $750.00
c) *APN 046-102-09 is owned by ., is 10 acres, located in
Jhujhaar Associates Inc
Section 15, Township 25 S, Range 23 E, 0.44 miles southwest of the intersection of
Garces Highway and Rowlee Road. Reimbursement costs are $7,060.00
d) *APN 046-162-15 is owned by , is 5 acres, located in Section 23,
Mark E. Booker
Township 25 S, Range 23 E, 1.43 miles northeast of the intersection of Pond Road
and Rowlee Road. Reimbursement costs are $750.00
e) *APN 046-190-63 is owned by , is 1.25 acres, located in
Russell L. & Portia D. Cantrell
Section 22, Township 25 S, Range 23 E, 1.64 miles northeast of the intersection of
Pond Road and Rowlee Road. Reimbursement costs are $560.00
f) *APN 046-190-64 is owned by , is 2.5 acres, located in
Russell L. & Portia D. Cantrell
Section 22, Township 25 S, Range 23 E, 1.64 miles northeast of the intersection of
Pond Road and Rowlee Road. Reimbursement costs are $750.00
g) *APN 046-190-65 is owned by , is 2.5 acres, located in
Russell L. & Portia D. Cantrell
Section 22, Township 25 S, Range 23 E, 1.64 miles northeast of the intersection of
Pond Road and Rowlee Road. Reimbursement costs are $750.00
h) *APN 046-190-66 is owned by , is 2.5 acres, located in
Russell L. & Portia D. Cantrell
Section 22, Township 25 S, Range 23 E, 1.64 miles northeast of the intersection of
Pond Road and Rowlee Road. Reimbursement costs are $750.00
i) *APN 58-300-10 is owned by , is 5 acres, located in
Samuel L (Jr.) & Bobbie J. Banks
Section 26, Township 26 S, Range 23 E, 1.34 miles northeast of the intersection of
Corcoran Road and McCombs Road. Reimbursement costs are $3,030.00
j) *APN 58-300-51 is owned by , is 2.51 acres, located
Samuel L (Jr.) & Bobbie J. Banks
in Section 26, Township 26 S, Range 23 E, 1.34 miles northeast of the intersection of
Corcoran Road and McCombs Road. Reimbursement costs are $1,521.06
k) *APN 58-300-52 is owned by , is 2.51 acres, located
Samuel L (Jr.) & Bobbie J. Banks
in Section 26, Township 26 S, Range 23 E, 1.34 miles northeast of the intersection of
Corcoran Road and McCombs Road. Reimbursement costs are $1,521.06
l) *APN 58-300-53 is owned by , is 2.51 acres, located
Samuel L (Jr.) & Bobbie J. Banks
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Hearing Agenda March 10, 2011
in Section 26, Township 26 S, Range 23 E, 1.34 miles northeast of the intersection of
Corcoran Road and McCombs Road. Reimbursement costs are $1,521.06
m) *APN 58-300-54 is owned by , is 2.51 acres, located
Samuel L (Jr.) & Bobbie J. Banks
in Section 26, Township 26 S, Range 23 E, 1.34 miles northeast of the intersection of
Corcoran Road and McCombs Road. Reimbursement costs are $1,521.06
n) *APN 58-250-10 is owned , is 8 acres, located in Section 13,
William P. Hubbard
Township 26 S, Range 22 E, 1.2 miles east of Corcoran Road. Reimbursement costs
are $5,248.00
* Adjustment in Cost per Acre of previously approved property purchase
6.
a) *APN 046-171-07 (4.07 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
Peter
and the proposed purchase price is $7,500 to be acquired by the State of
Bailey
California. Price per acre is $1,843.
APPROVE ACQUISITION AT PRICE PER ACRE OF $1,843.
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)).
ADJOURN TO CLOSED SESSION
CLOSED SESSION
MBHCP Implementation Trust Group Page 6
Hearing Agenda March 10, 2011
The Metropolitan Bakersfield Habitat Conservation Plan Implementation Trust Group will
7.
hold a closed session (Government Code §54956.8) to confer with and grant authority
to its negotiators (Martin Ortiz, Mitch Van Wyk, and Don Anderson) regarding the
purchase of real property. The closed session involves the property identified below:
a) APN 058-230-49 (20.14 acres), APN 058-230-50 (20.12 acres), APN 058-230-51 (20.94
acres) and APN 058-230-52 (20.98 acres) a total of 82.18 acres—being the W ½ of
NW ¼ of Section 5, T26S, R22E, MDM, County of Kern; located two miles west of
Corcoran Road and one mile south of the Kern National Wildlife Refuge. The
property is owned by.
Carolyn and David Tottori and Tottori Family LP
b) APN 058-190-08 (80 acres) - being a portion of NE ¼ of Section 12 T26S, R22E; APN
058-101-12 (100 acres) - being a portion of NE ¼ of Section 24, T26S, R21E; and APN
058-101-14 (10 acres) - being a portion of SE ¼ of Section 24, T26S, R21E, MDM,
County of Kern; located approximately two miles east of I-5 and four miles south of
the Kern National Wildlife Refuge. The property is owned by
Bill Gentry and Dr.
.
William Karow
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 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\2011\March 10\Agenda March 10.doc