HomeMy WebLinkAboutMAY 26 MBHCP
Metropolitan Bakersfield Habitat Conservation Plan
Implementation Trust Group
MINUTES
Agenda Item 1
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: Ted James – Kern County (Chairman)
Jim Eggert – City of Bakersfield (Secretary)
Annee Ferranti – CDFG Advisory Member
Thomas Leeman – USFWS Advisory Member
Rick L. Perry – Public At-Large Advisory Member
IMPLEMENTATION TRUST GROUP TO RECONVENE
ROLL CALL: Present:
Ted James, Jim Eggert, Thomas Leeman, Annee Ferranti
Absent: R
ick L. Perry
STAFF: Teri Bjorn
, Martin Ortiz, Pamela Elisheva, Kate Shea, Melanie Dunwoody,
Dana Cornelius, Mitch Van Wyk
CONSENT AGENDA ITEMS/OPPORTUNITY FOR PUBLIC COMMENT:
* APPROVE minutes for the MBHCP Implementation Trust Group Special meeting of April
1.
7, 2011.
* Transmittal of Quarterly Report to the MBHCP Implementation Trust Group.
2.
RECEIVE AND 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 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 046-231-29 (1 acre site) and APN 046-231-30 (1 acre site) — being a
(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 to be
Great Southwest Land Co. Inc.
acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $3,000.
*APN 046-163-11(3 acre site) — being a portion of S ½ of Section 23, T 25 S, R 23 E, MDM,
b)
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 Adventist
and the proposed purchase price is $4,725 to be acquired by the
Church of Hemet
State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $4,725.
*APN 046-180-07 (8.5 acre site)and APN 047-100-22 (0.5 acre site) —
(9 acres total)
c)
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.
*APN 047-080-54 (5 acre site) — being a portion of the E ½ of the NW ¼ of Section 7,
d)
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
Hugo
and the proposed purchase price is $7,500 to be acquired by the State
BiancoEstate
of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $7,500.
*APN 047-100-03 (2 acre site) and APN 047-100-14 (2 acre site) — being a
(4 acres total)
e)
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 price is $5,750
Teresita and Jairo Gil
to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $5,750.
* APN 046-173-02 (2 acres), APN 047-020-15 (2.5 acres), APN 047-080-20 (2.5 acres), APN
f)
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
Nhiem
and the proposed purchase price is $16,422 to be
Tong and Ly-Huong P. Tong
acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $16,422.
*APN 046-210-02 (5 acres), APN 046-220-04(1 acre), APN 046-220-10 (1 acre), APN 046-
g)
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 Hicksand the
McGee Estate
proposed purchase price is $24,500 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $24,500.
*APN: 047-100-32 (4 Acres) — being a portion of the E ½ of the NE ¼ of Section 7, T25S,
h)
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.
* APN 047-090-33 (2 acres) — being a portion of the W ½ of the NE ¼ of Section 7, T25S,
i)
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.
*APN 046-173-04 (2 acres) — being a portion of the E ½ of Section 23, T25S, R23E, MDM,
j)
County of Kern; located 1.5 miles southwest of the intersection of Garces Highway and
Wildwood Road. The property is owned by and the proposed
Babu Chandra
purchase price is $3,250 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $3,250.
* APN 047-020-0930 (4.92 Acres) — being a portion of the NE ¼ of Section 1, T25S, R24E,
k)
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.
*APN 047-070-06 (2 acres), APN 047-070-11 (1acre), APN 047-070-34 (1 acre), APN 047-
l)
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
Lewis
represented by Bruce Batch and the proposed purchase price is $18,000
Oilfield Trust
to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $18,000.
*APN 047-080-23 (0.5 acre), APN 047-080-26 (2 acres), APN 047-090-21 (0.5 acre), APN
m)
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.
*APN 047-020-36 (5.35 acres) — being a portion of the NE ¼ of Section 1, T25S, R24E,
n)
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 proposed
Philips Greenwood
purchase price is $8,025 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $8,025.
*APN 047-034-07 (2.51 acres)— being a portion of the SE ¼ of Section 1, T25S, R24E,
o)
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.
*APN 058-300-22 (5 acre site) — being a portion of the SE ¼ of Section 26, T26S, R22E,
p)
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 Gonzalez
and the proposed purchase price is $7,000 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $7,000.
*APN 099-110-15 (1.25 acres) — being a portion of the N ½ of the NW ¼ of Section 10,
q)
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.
* APN 047-080-04 (2.0 acres) — being a portion of the E ½ of the NW ¼ of Section 7,
r)
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.
* APN 099-170-16 (2.5 acres) and 099-170-17 (3.75 acres) — being a
(6.25 acres total)
s)
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 $7,500 to be
Carol Brazner
acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $7,500.
* APN 047-020-47 (4.94 acres) and APN 047-031-09 (2.42 acres) —
(7.36 acres total)
t)
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.
* APN 099-150-28 (1.25 acres), APN 099-200-32 (2.5 acres), and 099-272-23 (1.25 acres)
u)
— 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 and the
Paula Klaus
proposed purchase price is $6,000 to be acquired by the State of 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:
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 047-010-09 (19.17 acre site) — being a portion of SW 1/4 of Section 1, T 25 S, R 24 E,
a)
MDM, County of Kern;located approximately one mile east of the intersection of
Corcoran Road and Cecil Avenue. Reimbursement costs are $5,550.00.
*APN 047-020-23 (2.5 acre site) — being a portion of NE 1/4 of Section 1, T 25 S, R 24 E,
b)
MDM, County of Kern;located approximately one mile NE of the intersection of
Corcoran Road and Cecil Avenue. Reimbursement costs are $880.00.
*APN 047-034-06 (1.25 acre site) — being a portion of SE 1/4 of Section 1, T 25 S, R 24 E,
c)
MDM, County of Kern;located approximately one mile NE of the intersection of
Corcoran Road and Cecil Avenue. Reimbursement costs are $520.00.
*APN 047-080-53 (5 acre site) — being a portion of NW 1/4 of Section 7, T 25 S, R 24 E,
d)
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.
*APN 047-090-01 (2 acre site) — being a portion of NE 1/4 of Section 7, T 25 S, R 24 E,
e)
MDM, County of Kern;located approximately one mile NE of the intersection of
Garces Highway and Wildwood Road. Reimbursement costs are $470.00.
*APN 047-100-13 (2 acre site) — being a portion of NE 1/4 of Section 7, T 25 S, R 24 E,
f)
MDM, County of Kern;located approximately one mile east of the intersection of
Garces Highway and Wildwood Road. Reimbursement costs are $470.00.
*APN 102-020-02 (1.25 acre site) — being a portion of SW 1/4 of Section 20, T 29 S, R 23
g)
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
Member Eggert moved, seconded by Member James, to approve the consent calendar.
Motion carried by group vote.
Request to submit an application to the USFWS to extend the existing Federal
6.
Endangered Species Act Incidental Take Permit #PRT-786634.
Approve request
Mr. Ortiz provided a staff report requesting approval to submit an application to the U.S.
Fish and Wildlife Service (USFWS) to extend the existing Federal Endangered Species Act
Incidental Take Permit. He indicated a request needs to be submitted prior to the
termination or expiration of the permit which is due to expire in August 2014.
Member Eggert moved, seconded by Member James, to approve item number 6.
Motion carried by group vote.
PUBLIC PRESENTATIONS
None
Implementation Trust Group Member Announcements or Reports
None
NO CLOSED SESSION
Member Eggert moved, seconded by Member James to adjourn this meeting to
10:00 a.m., Thursday, July 21, 2011.
Motion carried by group vote.
ADJOURN
There being no further business the meeting was adjourned at 10:10 a.m.
Dana Cornelius, Recording Secretary
Martin Ortiz, Trust Group Administrator
Metropolitan Bakersfield Habitat Conservation Plan