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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