HomeMy WebLinkAboutOCT 27 MBHCP AGENDA
AGENDA
Metropolitan Bakersfield Habitat Conservation Plan
Implementation Trust Group
October 27, 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: Lorelei Oviatt – Kern County (Chair); Jim Eggert –City of
Bakersfield (Secretary); Annee Ferranti – CDFG Advisory Member; Thomas Leeman – 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
Annual transfer of the MBHCP Implementation Trust Group Chairmanship between the
1.
City of Bakersfield and Kern County. NAME JIM EGGERT (CITY OF BAKERSFIELD) AS
CHAIRMAN AND LORELEI OVIATT (KERN COUNTY) AS SECRETARY, EFFECTIVE IMMEDIATELY.
Announcement of Lorelei Oviatt, Director, County of Kern Planning and Community
2.
Development, as the County of Kern representative on the MBHCP Implementation Trust
Group – RECEIVE AND FILE
APPROVE minutes for the MBHCP Implementation Trust Group meeting of July 21, 2011.
3.*
APPROVEFY 2011-12 Annual Budget of the MBHCP Implementation Trust Group.
4.*
Transmittal of FY 10-11 Annual and Fourth Quarterly Report to the MBHCP
5.*
Implementation Trust Group – RECEIVE AND FILE.
For each property listed below, staff
6.* Purchase of Habitat Mitigation Land:
recommendation is as follows, with the specific purchase price recommendation listed
with the property below:
MBHCP Implementation Trust Group Page 2
Hearing Agenda October 27, 2011
(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;
a) * APN 099-090-03 (2.725 acre site)— being a portion of the N ½ of the NE ¼ of Section
3, T29S, R22E, MDM, County of Kern; located 4.4 miles northwest of the intersection of
State Highway 58 and Lokern Road. The property is owned by and
Felix Carmona
the proposed purchase price is $3,270 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $3,270.
b) * APN 099-090-09 (2.6125 acre site)— being a portion of the N ½ of the NE ¼ of Section
3, T29S, R22E, MDM, County of Kern; located 4.2 miles northwest of the intersection of
State Highway 58 and Lokern Road. The property is owned by
Claudette Morgan
and the proposed purchase price is $3,135 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $3,135.
c) * APNs 099-050-02 (10.8 acre site), 099-130-01 (20 acre site), 099-180-04 (1.25 acre site),
099-180-36 (6.72 acre site) and 099-220-18 (5 acre site) —
for total of 43.77 acres
being a portion of: the N ½ of the NW ¼ of Section 2, T29S, R22E; the N ½ of the NE ¼
of Section 10, T29S, R22E; the S ½ of the SE ¼ of Section 10, T29S, R22E; the S ½ of the
SE ¼ of Section 10, T29S, R22E and the W ½ of the SE ¼ of Section 12, T29S, R22E,
MDM, respectively, County of Kern. Located between 2 and 4 miles northwest of the
intersection of State Highway 58 and Lokern Road. The property is owned by
and the proposed purchase price is $52,524 to be acquired by the
Lorraine Wesley
State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $52,524.
MBHCP Implementation Trust Group Page 3
Hearing Agenda October 27, 2011
d) * APN 099-200-14 (1.25 acre site) — being a portion of the S ½ of the NE ¼ of Section
11, T29S, R22E, MDM, respectively, County of Kern; located approximately 1.5 miles
north of Lokern Road in the central portion of the Lokern Preserve. The property is
owned by and the proposed purchase price is $1,500 to be
Mary Stuart Cotton
acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $1,500.
e) *APN 099-272-01 (5 acres) & APN 099-272-05 (2.5 acres) —
for a total of 7.5 acres
being a portion of the NE ¼ of the NE ¼ of Section 13, T29S, R22E, MDM, respectively,
County of Kern; located approximately one mile north of Lokern Road and one-half
mile west of Delfern Road in the central portion of the Lokern Preserve. The property
is owned by and the proposed purchase price is $9,000 to
Clement and Paula Cox
be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $9,000.
f) *APN 102-150-35 (5.07 acres) — being a portion of the NW ¼ of Section 30, T29S, R23E,
MDM, County of Kern; located approximately 1.5 miles south of Lokern Road and
one-half mile southeast of Highway 58 in the central portion of the Lokern Preserve.
The property is owned by and the proposed purchase price
Hilderbrand Family Trust
is $5,577 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $5,577.
g) *APN 099-230-20 (7.72 acres) — being a portion of the SE ¼ of Section 4, T29S, R23E,
MDM, County of Kern; located approximately 4.8 miles NW of the intersection of
State Highway 58 and Lokern Road. The property is owned by
Platinum Capital
and the proposed purchase price is $9,727 to be acquired by the
Investments, Inc.
State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $9,727.
h) * APN 099-110-13 (2.5 acres) — being a portion of the N1/2 of the NW ¼ of Section 10,
T29S, R22E, MDM, County of Kern; located approximately 4 miles NW of the
intersection of State Highway 58 and Lokern Road. The property is owned by
and the proposed purchase price is $3,000 to be
Benjamin & Adriana Miramontes
acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $3,000.
i) * APN 046-102-36 (2.5 acre site) – being a portion of the SE ¼ of Section 15, T25S, R23E,
MDM, County of Kern; located 0.6 mile south of Garces Highway and 2.4 miles west
of Wildwood Road. The property is owned by and the proposed
Loyd Harty
purchase price is $3,750 to be acquired by the State of California.
MBHCP Implementation Trust Group Page 4
Hearing Agenda October 27, 2011
APPROVE ACQUISITION AT PURCHASE PRICE OF $3,750.
j) * APN 047-070-01 (2.83 acre site) – being a portion of the W½ of the NW¼ of Section
7, T25S, R24E, MDM, County of Kern; located 0.5 mile northeast of the intersection
of Wildwood Road and Garces Highway. The property is owned by
Concetta
and the proposed purchase price is $4,670 to be acquired by the State
Skenfield
of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $4,670.
k) * APN 046-102-42 (2.5 acre site) – being a portion of the SE ¼ of Section 15, T25S,
R23E, MDM, County of Kern; located along the located 0.6 mile south of Garces
Highway and 2.4 miles west of Wildwood Road. The property is owned by
Ian
and the proposed purchase price is $3,938 to be acquired by the State of
Saxon
California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $3,938.
l) * APN 058-133-11 (45.6 acre site) and APN 058-330-04 (24.44 acre site)
for total of
– being portions of the NE ¼ of Section 36, T26S, R21E, MDM, County of
70.04 acres
Kern; located along the east side of Interstate 5, north of State Highway 46. The
property is owned by and the proposed purchase price is $77,219
Norman Mason
to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $77,219.
m) * APN 045-020-05 (80.15 acre site) – being a portion of the SW ¼ of Section 4, T25S,
R22E, MDM, County of Kern; located 1.5 miles west of Corcoran Road and
adjacent to the north of the Kern National Wildlife Refuge. The property is owned
by and the proposed purchase price is $100,188 to be
Ronald Hurlbert Trust
acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $100,188.
n) *APN 059-061-06; 059-061-09; 059-061-10; 059-061-13 (68.94 mitigation acres) — being a
portion of W ½ of 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
and the proposed purchase price is $90,000 to be
Gordon Drescher & John Drescher
acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $90,000.
o) * APN 099-200-03 (3.75 acre site) — being a portion of the S ½ of the NE ¼ of Section
11, T29S, R22E, MDM, respectively, County of Kern; located approximately 2.8 miles
northwest of the intersection of State Highway 58 and Lokern Road in the central
portion of the Lokern Preserve. The property is owned by and the
Theron Trillo
proposed purchase price is $4,500 to be acquired by the State of California.
MBHCP Implementation Trust Group Page 5
Hearing Agenda October 27, 2011
APPROVE ACQUISITION AT PURCHASE PRICE OF $4,500.
p) * APN 099-272-17 (2.5 acre site) — being a portion of the E ½ of the NE ¼ of Section 13,
T29S, R22E, MDM, respectively, County of Kern; located approximately 1 mile
northwest of the intersection of State Highway 58 and Lokern Road in the central
portion of the Lokern Preserve. The property is owned by and the proposed
Wing Yu
purchase price is $3,000 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $3,000.
q) * APN 046-090-02 (9.78 acre site) – being a portion of the W½ of Section 14, T25S,
R23E, MDM, County of Kern; located 2 miles west of the intersection of Garces
Highway and Wildwood Road. The property is owned by and
Joann R. Adams
the proposed purchase price is $18,484 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $18,484.
r) * APN 099-330-16 (5 acre site) — being a portion of the SW ¼ of Section 14, T29S, R22E,
MDM, respectively, County of Kern; located approximately 2.72 miles west of the
intersection of State Highway 58 and Lokern Road in the central portion of the
Lokern Preserve. The property is owned by and the proposed
Issam Aboul-Hosn
purchase price is $6,000 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $6,000.
s) * APN 099-321-11 (2.5 acre site) — being a portion of the SW ¼ of Section 30, T29S,
R22E, MDM, respectively, County of Kern; located approximately 0.4 miles southwest
of the intersection of State Highway 33 and Cymric Road in the western portion of
the Lokern Preserve. The property is owned by and the proposed
Gordon Dole
purchase price is $3,000 to be acquired by the State of California.
APPROVE ACQUISITION AT PURCHASE PRICE OF $3,000.
7.*Adjustment in cost per acre of previously approved property purchase
a) *APN 046-171-18 (3.33 mitigation acres) — being a portion of E ½ Section 23, T 25 S, R 23
E, MDM, County of Kern; located approximately two miles northeast of the intersection
of Rowlee Road and Pond Road. The property is owned by and the
Barry Saphiloff
approved purchase price is $6,000 to be acquired by the State of California. Adjusted
price per acre due to land disturbances is $1,802.
APPROVE ACQUISITION AT PRICE PER ACRE OF $1,802.
MBHCP Implementation Trust Group Page 6
Hearing Agenda October 27, 2011
b) *APN 046-171-03 (10.18 mitigation acres) — 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 approved purchase price is $17,100 to be acquired by the
LaVerne Provisor
State of California. Adjusted price per acre due to land disturbances is $1,680.
APPROVE ACQUISITION AT PRICE PER ACRE OF $1,680.
c) *APN 046-163-20 (4.37 mitigation acres) — 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 approved price is $7,500 to be acquired by the State of California. Adjusted
price per acre due to land disturbances is $1,716.
APPROVE ACQUISITION AT PRICE PER ACRE OF $1,716.
d) *APN 046-171-02 (9.16 mitigation 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
Evelyn J.
and the approved purchase price is $18,810 to be acquired by the State of
Gladstone
California. Adjusted price per acre due to land disturbances is $2,053.
APPROVE ACQUISITION AT PRICE PER ACRE OF $2,053.
e) *APN 046-163-11(2.56 mitigation acres) — 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 approved purchase price is $4,725 to be acquired
Adventist Church of Hemet
by the State of California. Adjusted price per acre due to land disturbances is $1,846.
APPROVE ACQUISITION AT PRICE PER ACRE OF $1,846.
f) *APN 047-034-03, APN 047-034-05, and APN 047-034-08 (11.74 mitigation acres) –
being a portion of the SE ¼ of Section 1, T25S, R24E, MDM, County of Kern; located
approximately 0.60 miles NW of the intersection of West Cecil Avenue and Wasco
Pond Road. The property is owned by and the approved purchase
Helen Rosario
price is $22,671 to be acquired by the State of California.Adjusted price per acre
due to land disturbances is $1,931.
APPROVE ACQUISITION AT PRICE PER ACRE OF $1,931.
MBHCP Implementation Trust Group Page 7
Hearing Agenda October 27, 2011
g) *APN 047-020-36 (4.28 mitigation 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
Philips Greenwood
and the approved purchase price is $8,025 to be acquired by the State of
California. Adjusted price per acre due to land disturbances is $1,875.
APPROVE ACQUISITION AT PRICE PER ACRE OF $1,875.
h) *APN 047-100-03 and APN 047-100-14 (3.55 mitigation 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 proposed approved price is $5,750 to be
Teresita and Jairo Gil
acquired by the State of California. Adjusted price per acre due to land
disturbances is $1,620.
APPROVE ACQUISITION AT PRICE PER ACRE OF $1,620.
i) *APN 047-034-07 (2.23 mitigation 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
and the approved purchase price is $4,142 to be acquired by the State
Foundation
of California.Adjusted price per acre due to land disturbances is $1,857.
APPROVE ACQUISITION AT PRICE PER ACRE OF $1,857.
j) *APN 047-020-49 (4.04 mitigation acres) – being a portion of the NE ¼ of Section 1,
T25S, R24E, MDM, County of Kern; located approximately 0.75 miles NW of the
intersection of West Cecil Avenue and Wasco Pond Road. The property is owned
by and the approved purchase
Michael and Salle Tomasini and Nancy Comstock
price is $7,545 to be acquired by the State of California. Adjusted price per acre
due to land disturbances is $1,868.
APPROVE ACQUISITION AT PRICE PER ACRE OF $1,868.
k) *APN: 047-100-32 (3.31 mitigation 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 approved purchase price is $4,913 to be acquired by the
Jane E. Brause
State of California. Adjusted price per acre due to land disturbances is $1,484.
APPROVE ACQUISITION AT PRICE PER ACRE OF $1,484.
MBHCP Implementation Trust Group Page 8
Hearing Agenda October 27, 2011
l) *APN 058-300-22 (4.45 mitigation 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
Leobardo and
and the approved purchase price is $7,000 to be acquired by the
Maria Gonzalez
State of California. Adjusted price per acre due to land disturbances is $1,573.
APPROVE ACQUISITION AT PRICE PER ACRE OF $1,573.
m) *APN 046-120-09 (2.05 mitigation acres) – being a portion of the NE ¼ of Section 18,
T25S, R23E, 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
John
and the approved purchase price is $4,125 to be acquired
Grizzle and Anne Baron
by the State of California. Adjusted price per acre due to land disturbances is
$2,012.
APPROVE ACQUISITION AT PRICE PER ACRE OF $2,012.
Potential mitigation credit from road easement vacations in the Smyrna Colony area -
8.
DISCUSS AND GIVE DIRECTION TO STAFF.
Status report on open escrows still being processed at Wildlife Conservation Board and
9.
approval to spend up to $3,500 for a probate action on the Dorothy Yard property -
DISCUSS AND GIVE DIRECTION TO STAFF.
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
MBHCP Implementation Trust Group Page 9
Hearing Agenda October 27, 2011
CLOSED SESSION
APN 184-090-24 and 184-090-37 (723.25 acres) — being a portion of W ½ of Section 4, T31S,
10.
R26E, MDM, and large portion of Section 5,T31S, R26E, MDM, County of Kern; located
along the east side of Interstate 5, south of Taft Highway. The property is owned by Buena
Vista Dairy LLC.
Letter from Maricopa Ranch c/o Michael D. Willer with threat of litigation and discuss
11.
policy regarding seller interest incentive.
Discuss policy for purchase of habit outside of Kern County.
12.
Personnel – Discuss terms of Van Wyk contract.
13.
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\October 27\Agenda October 27.doc