HomeMy WebLinkAboutMAY 26 MBHCP AGENDA
AGENDA
Metropolitan Bakersfield Habitat Conservation Plan
Implementation Trust Group
May 26, 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; _____________ – 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 Special meeting of April 7,
1.
2011.
* Transmittal of Quarterly Report to the MBHCP Implementation Trust Group - RECEIVE AND
2.
FILE.
For each property listed below, staff
3.*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
MBHCP Implementation Trust Group Page 2
Hearing Agenda May 26, 2011
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 046-231-29 (1 acre site) and APN 046-231-30 (1 acre site) — being
(2 acres total)
a portion of the SE ¼ of Section 26, T25S, R23E, MDM, County of Kern; located 0.75
mile northeast of the intersection of Pond Road and Rowlee Rd. The property is
owned by and the proposed purchase price is $3,000
Great Southwest Land Co. Inc.
to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $3,000.
b) *APN 046-163-11(3 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 Highway
and one mile west of Wildwood Road. The property is owned by the
Seventh-day
and the proposed purchase price is $4,725 to be
Adventist Church of Hemet
acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $4,725.
c) *APN 046-180-07 (8.5 acre site)and APN 047-100-22 (0.5 acre site) —
(9 acres total)
being portions of: NW ¼ of NW ¼ of Section 22, Township 25 S, Range 23 E, MDM,
County of Kern; and a portion of the E ½ of the NE ¼ of Section 7, T25S, R24E, MDM,
County of Kern; located approximately 1.25 miles southwest of the intersection of
Garces Highway and Rowlee Road; and located 0.50 mile northeast of the
intersection of Garces Highway and Wildwood Road respectively. The property is
owned by and the proposed purchase price is $13,500 to be
2D Investments LLC
acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $13,500.
d) *APN 047-080-54 (5 acre site) — being a portion of the E ½ of the NW ¼ of Section 7,
T25S, R24E, MDM, County of Kern; located approximately 1 mile northeast of the
intersection of Garces Highway and Wildwood Road. The property is owned by
and the proposed purchase price is $7,500 to be acquired by
Hugo BiancoEstate
the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $7,500.
e) *APN 047-100-03 (2 acre site) and APN 047-100-14 (2 acre site) — being
(4 acres total)
a portion of the E ½ of the NE ¼ of Section 7, T25S, R24E, MDM, County of Kern;
located 0.50 mile northeast of the intersection of Garces Highway and Wildwood
Road. The property is owned by and the proposed purchase
Teresita and Jairo Gil
price is $5,750 to be acquired by the State of California.
MBHCP Implementation Trust Group Page 3
Hearing Agenda May 26, 2011
APPROVE ACQUISITION AT PURCHASE PRICE OF $5,750.
f) * APN 046-173-02 (2 acres), APN 047-020-15 (2.5 acres), APN 047-080-20 (2.5 acres), APN
047-080-03 (1.99 acres), and APN 520-080-01 (1.34 acres) — being
(10.33 acres total)
portions of: the E ½ of Section 23, T25S, R23E; and the NE ¼ of Section 1, T25S, R24E;
the E ½ of the NW ¼ of Section 7, T25S, R24E; and the N ½ of the NE ¼ of the NW ¼ of
Section 6, T25S, R25E,MDM, County of Kern; located 1- 1.25 miles northeast of the
intersection of Highway 43 and W. Cecil Avenue, 0.5 miles northeast of the
intersection of Garces Highway and Wildwood Road, and 1.5 miles southwest of the
intersection of Garces Highway and Wildwood Road, respectively. The property is
owned by and the proposed purchase price is
Nhiem Tong and Ly-Huong P. Tong
$16,422 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $16,422.
g) *APN 046-210-02 (5 acres), APN 046-220-04(1 acre), APN 046-220-10 (1 acre), APN 046-
220-27 (1 acre), APN 046-220-30 (1 acre), APN 046-220-31 (1 acre), APN 046-220-38 (2
acres), 046-220-39 (1 acre), and 046-220-41 (3 acres) — being a
(16.00 acres total)
portion of the W ½ of the NE¼ of Section 26, T25S, R23E, MDM, County of Kern;
located 1 mile northeast of the intersection of Pond Road and Rowlee Rd. The
property is owned by the represented by John McGee and Ben Hicks
McGee Estate
and the proposed purchase price is $24,500 to be acquired by the State of
California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $24,500.
h) *APN: 047-100-32 (4 Acres) — being a portion of the E ½ of the NE ¼ of Section 7, T25S,
R24E, MDM, County of Kern; located 0.50 mile northeast of the intersection of Garces
Highway and Wildwood Road. The property is owned by and the
Jane E. Brause
proposed purchase price is $4,913 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $4,913.
i) * APN 047-090-33 (2 acres) — being a portion of the W ½ of the NE ¼ of Section 7, T25S,
R24E, MDM, County of Kern; located 0.50 mile northeast of the intersection of Garces
Highway and Wildwood Road. The property is owned by and the
Lois Davis’ Estate
proposed purchase price is $3,000 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $3,000.
j) *APN 046-173-04 (2 acres) — being a portion of the E ½ of Section 23, T25S, R23E,
MDM, County of Kern; located 1.5 miles southwest of the intersection of Garces
Highway and Wildwood Road. The property is owned by and the
Babu Chandra
proposed purchase price is $3,250 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $3,250.
MBHCP Implementation Trust Group Page 4
Hearing Agenda May 26, 2011
k) * APN 047-020-0930 (4.92 Acres) — being a portion of the NE ¼ of Section 1, T25S, R24E,
MDM, County of Kern; located 0.80 mile northwest of the intersection of West Cecil
Avenue and Wasco Pond Rd. The property is owned by and the
Anthony Mullan
proposed purchase price is $8,000 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $8,000.
l) *APN 047-070-06 (2 acres), APN 047-070-11 (1acre), APN 047-070-34 (1 acre), APN 047-
080-31 (0.5 acre), APN 047-080-36 (0.5 acre), APN 047-080-46 (1 acre), APN 047-090-18
(1 acre), and APN 047-090-31 (5 acres) — being a portion of the
(12.00 acres total)
NE¼ of Section 7, T25S, R24E, MDM, County of Kern; located 0.5 to 1 mile northeast of
the intersection of Wildwood Road and Garces Highway. The property is owned
represented by Bruce Batch and the proposed purchase price is
Lewis Oilfield Trust
$18,000 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $18,000.
m) *APN 047-080-23 (0.5 acre), APN 047-080-26 (2 acres), APN 047-090-21 (0.5 acre), APN
047-090-24 (0.5 acre), and APN 047-100-38 (0.5 acre) — being a
(4.00 acres total)
portion of the NE¼ of Section 7, T25S, R24E, MDM, County of Kern; located ¾ mile to 1
mile northeast of the intersection of Wildwood Road and Garces Highway. The
property is owned by and the proposed purchase price is $5,619 to
Emil Batch Estate
be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $5,619.
n) *APN 047-020-36 (5.35 acres) — being a portion of the NE ¼ of Section 1, T25S, R24E,
MDM, County of Kern; located 0.80 mile north of the intersection of West Cecil
Avenue and Wasco Pond Rd. The property is owned by and the
Philips Greenwood
proposed purchase price is $8,025 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $8,025.
o) *APN 047-034-07 (2.51 acres)— being a portion of the SE ¼ of Section 1, T25S, R24E,
MDM, County of Kern; located 0.57 mile northwest of the intersection of West Cecil
Avenue and Wasco Pond Rd. The property is owned by
Harold Edelstein Foundation
and the proposed purchase price is $4,142 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $4,142.
p) *APN 058-300-22 (5 acre site) — 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
Leobardo and Maria
and the proposed purchase price is $7,000 to be acquired by the State of
Gonzalez
California.
MBHCP Implementation Trust Group Page 5
Hearing Agenda May 26, 2011
APPROVE ACQUISITION AT PURCHASE PRICE OF $7,000.
q) *APN 099-110-15 (1.25 acres) — being a portion of the N ½ of the NW ¼ of Section 10,
T29S, R22E, MDM, County of Kern; located 3.9 miles northwest of the intersection of
State Highway 58 and Lokern Road. The property is owned by and the
Albert Khalili
proposed purchase price is $1,575 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $1,575.
r) * APN 047-080-04 (2.0 acres) — being a portion of the E ½ of the NW ¼ of Section 7,
T25S, R24E, MDM, County of Kern; located 1 mile northeast of the intersection of
Garces Highway and Wildwood Road. The property is owned by
AZ Land Research,
and the proposed purchase price is $3,000 to be acquired by the State of
LLC
California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $3,000.
s) * APN 099-170-16 (2.5 acres) and 099-170-17 (3.75 acres) — being a
(6.25 acres total)
portion of the N ½ of the SE ¼ of Section 10, T29S, R22E, MDM, County of Kern;
located 3.47 miles northwest of the intersection of State Highway 58 and Lokern
Road. The property is owned by and the proposed purchase price is
Carol Brazner
$7,500 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $7,500.
t) * APN 047-020-47 (4.94 acres) and APN 047-031-09 (2.42 acres) —
(7.36 acres total)
being a portion of the E ½ of Section 1, T25S, R24E, MDM, County of Kern; located
approximately 1/2 mile north of the intersection of West Cecil Avenue and Wasco
Pond Rd. The property is owned by theand the
Lois F. James Revocable Trust
proposed purchase price is $11,040 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $11,040.
u) * APN 099-150-28 (1.25 acres), APN 099-200-32 (2.5 acres), and 099-272-23 (1.25 acres)
— being portions of: the NE ¼ of Section 13, T29S, R22E; the N ½ of
(5.0 acres total)
the SW ¼ of Section 10, T29S, R22E; and the S ½ of the NE ¼ of Section 11, T29S, R22E
MDM, County of Kern; located between 1.2 and 4.2 miles northwest of the
intersection of State Highway 58 and Lokern Road. The property is owned by
Paula
and the proposed purchase price is $6,000 to be acquired by the State of
Klaus
California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $6,000.
* Request for authorization to purchase tax defaulted parcels for acquisition by the
4.
MBHCP Implementation Trust Group as habitat mitigation land: For each property listed
below, staff recommendation is as follows:
MBHCP Implementation Trust Group Page 6
Hearing Agenda May 26, 2011
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 DEPOSITS.
a) *APN 047-010-09 (19.17 acre site) — being a portion of SW 1/4 of Section 1, T 25 S, R 24
E, MDM, County of Kern;located approximately one mile east of the intersection of
Corcoran Road and Cecil Avenue. Reimbursement costs are $5,550.00.
b) *APN 047-020-23 (2.5 acre site) — being a portion of NE 1/4 of Section 1, T 25 S, R 24 E,
MDM, County of Kern;located approximately one mile NE of the intersection of
Corcoran Road and Cecil Avenue. Reimbursement costs are $880.00.
c) *APN 047-034-06 (1.25 acre site) — being a portion of SE 1/4 of Section 1, T 25 S, R 24 E,
MDM, County of Kern;located approximately one mile NE of the intersection of
Corcoran Road and Cecil Avenue. Reimbursement costs are $520.00.
d) *APN 047-080-53 (5 acre site) — being a portion of NW 1/4 of Section 7, T 25 S, R 24 E,
MDM, County of Kern;located approximately ¾ of a mile NE of the intersection of
Garces Highway and Wildwood Road. Reimbursement costs are $580.00.
e) *APN 047-090-01 (2 acre site) — being a portion of NE 1/4 of Section 7, T 25 S, R 24 E,
MDM, County of Kern;located approximately one mile NE of the intersection of
Garces Highway and Wildwood Road. Reimbursement costs are $470.00.
f) *APN 047-100-13 (2 acre site) — being a portion of NE 1/4 of Section 7, T 25 S, R 24 E,
MDM, County of Kern;located approximately one mile east of the intersection of
Garces Highway and Wildwood Road. Reimbursement costs are $470.00.
g) *APN 102-020-02 (1.25 acre site) — being a portion of SW 1/4 of Section 20, T 29 S, R 23
E, MDM, County of Kern;located approximately 1/2 mile southeast of the
intersection of State Highway 58 and Lokern Road. Reimbursement costs are
$970.00.
*Report by Mitch Van Wyk on property acquisition activities and status.
5.
Receive and File
Request to submit an application to the USFWS to extend the existing Federal
6.
Endangered Species Act Incidental Take Permit #PRT-786634.
Approve request
MBHCP Implementation Trust Group Page 7
Hearing Agenda May 26, 2011
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)).
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\2011\May 26\Agenda May 26.doc