HomeMy WebLinkAboutMARCH 10 MBHCP MINUTES
Metropolitan Bakersfield Habitat Conservation Plan
Implementation Trust Group
MINUTES
Agenda Item ____
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: 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
IMPLEMENTATION TRUST GROUP TO RECONVENE
ROLL CALL: Present:
Ted James, Jim Eggert, Annee Ferranti
Absent:
Tim Kuhn, Rick L. Perry
STAFF:
Martin Lee, Martin Ortiz, Kate Shea, Melanie Dunwoody,
Dana Cornelius, Randy McKeegan, Mitch Van Wyk
CONSENT AGENDA ITEMS/OPPORTUNITY FOR PUBLIC COMMENT:
* APPROVE minutes for the MBHCP Implementation Trust Group meeting of December
1.
16, 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 databases for Kern,
Kings, and Tulare Counties.
* Transmittal of Quarterly Report to the MBHCP Implementation Trust Group - RECEIVE
3.
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 046-171-03 (12 acre site) — being a portion of E ½ of Section 23, T 25 S, R 23 E,
a)
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.
*APN 046-130-03 & 046-130-20 (5.82 acre site) — being a portion of N ½ of NE ¼ of
b)
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
Eileen Rowe
by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $8,730.
*APN 046-163-20 (5 acre site) — being a portion of S ½ of Section 23, T 25 S, R 23 E,
c)
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.
*APN 046-260-19 (5 acre site) — being a portion of SE ¼ of NW ¼ of Section 29, T 25
d)
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.
*APN 046-171-02 (12 acre site) — being a portion of E ½ of Section 23, T 25 S, R 23 E,
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.
*APN 058-321-01 (174.51acre site) — being the NW ¼ of Section 30, T 26 S, R 22 E,
f)
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.
*APN 046-120-22 (15 acre site) — being a portion of SW ¼ of NE ¼ of Section 18, T 25
g)
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.
*APN 099-250-27 (1.25 acres) – being a portion of N ½ of NW ¼ of Section 4, T29S,
h)
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
Gassy Lassy LP
by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $2,750.
*APN 058-300-36 (2.51 acres) – being a portion of the SE ¼ of Section 26, T26S, R22E,
i)
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 DEPOSITS.
*APN 059-090-10 is owned by , is 10 acres, located in Section 15,
Randall & Kelli Morse
a)
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
*APN 059-020-20 is owned by , is 5 acres, located in Section 11, Township
Erik Fandrik
b)
26 S, Range 23 E, 1.6 miles northeast of the intersection of Sherwood Avenue and
Bell Road. Reimbursement costs are $750.00
*APN 046-102-09 is owned by ., is 10 acres, located in Section
Jhujhaar Associates Inc
c)
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
*APN 046-162-15 is owned by , is 5 acres, located in Section 23,
Mark E. Booker
d)
Township 25 S, Range 23 E, 1.43 miles northeast of the intersection of Pond Road and
Rowlee Road. Reimbursement costs are $750.00
*APN 046-190-63 is owned by , is 1.25 acres, located in
Russell L. & Portia D. Cantrell
e)
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
*APN 046-190-64 is owned by , is 2.5 acres, located in
Russell L. & Portia D. Cantrell
f)
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
*APN 046-190-65 is owned by , is 2.5 acres, located in
Russell L. & Portia D. Cantrell
g)
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
*APN 046-190-66 is owned by , is 2.5 acres, located in
Russell L. & Portia D. Cantrell
h)
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
*APN 58-300-10 is owned by , is 5 acres, located in
Samuel L (Jr.) & Bobbie J. Banks
i)
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
*APN 58-300-51 is owned by , is 2.51 acres, located in
Samuel L (Jr.) & Bobbie J. Banks
j)
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
*APN 58-300-52 is owned by , is 2.51 acres, located in
Samuel L (Jr.) & Bobbie J. Banks
k)
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
*APN 58-300-53 is owned by , is 2.51 acres, located in
Samuel L (Jr.) & Bobbie J. Banks
l)
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
*APN 58-300-54 is owned by , is 2.51 acres, located in
Samuel L (Jr.) & Bobbie J. Banks
m)
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
*APN 58-250-10 is owned , is 8 acres, located in Section 13,
William P. Hubbard
n)
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.
*APN 046-171-07 (4.07 acres) — being a portion of E ½ of Section 23, T 25 S, R 23 E,
a)
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. Price
per acre is $1,843.
APPROVE ACQUISITION AT PRICE PER ACRE OF $1,843.
Hearing opened for public comment.
Mary Griffin asked that item number 5 be removed from the consent agenda. Thus, it
was removed from the consent agenda.
No Trust Group member commented on the consent agenda.
Member Eggert moved, seconded by Member James, to approve the consent
calendar with the exception of item number 5 which was removed.
Motion carried by group vote.
Mary Griffin commented on item number 5 that California Fish & Game had acquired
property by eminent domain and she questioned what the legal rationalization was for
acquiring these properties. She requested a source where she could look this
information up.
Member James responded that they have pursued tax defaulted properties in the past
and the Trust Group looks for a variety of different means to try to acquire necessary
properties, as well as from willing sellers.
Member Ferranti commented that she believes acquiring the tax defaulted properties is
different than eminent domain. She further stated that it is the Trust Group that is in
negotiation and not the Fish & Game Department itself. She explained that once the
Trust Group acquires the property then they are deeded over to the Fish & Game
Department.
Ms. Griffin inquired if this is consistent with the MBHCP Implementation agreement, to
which Member James responded that the Trust Group has flexibility in what it can do.
Mr. Lee commented that proceeding on tax default property is different from eminent
domain. He stated that he will have Mr. Divelbiss contact Ms. Griffin so that he can
explain it personally.
Ms. Griffin commented that sometimes it gets a little nuance to endangered species
and it is a concern that the procedures could be considered as unkindly to some
people.
Mr. Van Wyk stated that they do not acquire pay properties for the California
Department of Fish & Game. He indicated that at one time they attempted to pursue
that avenue for those who are willing sellers, but it was difficult to communicate with
the sellers.
Member James stated that this program was set up after a conversation regarding
eminent domain and it was very clear among the parties that eminent domain was an
unpopular method for acquiring property.
Member Eggert stated that his understanding of the tax default properties is that these
are properties that any member of the public could purchase. Mr. Van Wyk
confirmed this, adding that it is a Chapter 8 process, which process removes it from the
bidding process and the Trust Group is given some preferential treatment.
There were no further comments.
Member Eggert moved, seconded by Member James, to approve Agenda Item 5.
Motion carried by group vote.
PUBLIC PRESENTATIONS
Wayne Nicholson representing Dr. William Karow, on some parcels that have been
previously approved for acquisition inquired about the status of those parcels with
regard to some issues raised by the Department of Fish & Game with regard to the
retention of mineral and oil leases that have been recently executed.
Member James inquired if Mr. Nicholson has been in contact with staff on this matter, to
which Mr. Nicholson responded that, he has not had phone calls or e-mails returned.
Member James responded that staff will follow up on this. Mr. Ortiz indicated that it is
under closed session. Member James suggested that Mr. Nicholson be provided the
proper contact information and staff will get in contact with Mr. Nicholson.
Mr. Nicholson commented that he has not contacted Mr. Ortiz, but there have been
contacts with Ms. Griego’s office and Debbie Scanlan, as well as several people at Fish
& Game.
ANNOUNCEMENTS OR REPORTS
None.
ADJOURN TO CLOSED SESSION
CLOSED SESSION
The closed session involves the properties identified below:
7.
APN 058-230-49 (20.14 acres), APN 058-230-50 (20.12 acres), APN 058-230-51 (20.94
a)
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
APN 058-190-08 (80 acres) - being a portion of NE ¼ of Section 12 T26S, R22E; APN
b)
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
No reportable action from closed session.
Member Eggert moved, seconded by Member James to adjourn this meeting to
10:00 a.m. on Thursday, May 26, 2011.
Motion carried by group vote.
ADJOURN
There being no further business the meeting was adjourned at 11: 25 a.m.
Dana Cornelius, Recording Secretary
Martin Ortiz, Trust Group Administrator
Metropolitan Bakersfield Habitat Conservation Plan