foreign thank you foreign government recorded thank you so we can record it make sure the mics are on so we can record it thank you everybody is seeing out there there's that one individual s yes building permit for my Christmas tree then we have a whole yeah unofficial version where we satirize things we're not supposed to and then we have the official version when we're just humorous foreign thank you foreign thank you foreign thank you foreign foreign thank you hello foreign foreign foreign foreign foreign thank you I know oh yeah thank you that would be like let's call the meeting to order at 9 46 could have a roll call chair Boyle here secretary oviatt here member Bailey here member Cole second item on today's Genesis public presentations or any public presentations okay we'll move on to new business item number one would be to approve the annual transfer of the itg implementation trust group chair secretary between the county of Kern and the City of Bakerfield effective January 1st 2023 the chair would be the county of current and the secretary would be the city of Bakersfield for calendar year 2023. time of motion motion arm item one new business member vote member Boyle yes member ovia yes motion approved by roll call vote thank you moving to consent calendar is there any item that would like to be pulled or could I entertain a motion I make a motion to approve on the consent agendum items one two three four and five member vote member Boyle yes member oviette yes motion approved by a roll call vote thank you moving to Old business there is one item on Old business approval of an amendment to number amendment number one to agreement number 2021-01 with Paragon Partners Consultants LLC and amendment number one to agreement number 22-02 with Overland Pacific and Cutler LLC for a one-year extension for consultant services to complete property Acquisitions for submission to the California Department of Fish and Wildlife Steph thank you chair Boyle good morning everybody thank you for your patience this morning as we get settled in for this item I would like to invite our Consultants to provide a report on their progress thus far and then they will be available for questions after we also have the pleasure of several cdfw Representatives uh here today so if there's any questions for them they can provide context as well so at this time I'd like to invite OPC to give the report good morning everyone my name is Corey Nelson I'm a senior agent with OPC and I'm Don Henderson wanted to ensure that I do not bore you guys so I will try to make this extremely quick I just had uh I'm Corey Nelson I'm a senior agent with Overland Pacific and Cutler and the goal every for these property transactions is obviously to get our recorded granteed in the end um one of the big things and one of the hurdles we needed to get through was to analyze the previous issues with the transactions and the escrow process um those processes included an agreement a sale between the property owners and the trust group um in this scenario the principles to the transaction was not the trust group the principles are the sellers and the state the states is going to be the ultimate one having a vesting title the stress group is neither buy or seller in this transaction so we decided that we can remove the agreement of sale in these transactions to be a more traditional real estate transaction and the principles and individuals or entities acting as buyers or sellers only um the trust group is the funding mechanism to the transaction not a principle as I mentioned and so OPC has worked directly with cdfw and WBC to optimize the standard operating procedure for the trust group and move through these transactions a bit quickly so the process that we've developed has gone into about a six step process that includes internal approvals with cdfw the deliverables from OPC and the trust group to the cdfw we the process to open the escrow to provide joint escrow instructions Grant Deeds signature process and WCB review process and then the recording process each of these processes do require internal approvals through cdfw I'm not going to read every single item on this list just for time's sake but these are a list of documents that need to go through cdfw be reviewed and approved and signed in order to move on with the process or step two we have our deliverables that we need to provide to cdfw which include preliminary title reports uh pro forma policies of title um we need to complete a phase one environmental assessment uh we need to obtain plotted easement maps to show where the easements cover in that specific piece of land and how much acreage it covers and we need to provide title exception reports to show which items on title work need to be removed and which will remain on title from that point we can actually open the escrow uh we provide a market rate adjustment because a lot of these had a they were referred to as interest in the transaction prior to this but we had kind of changed the terms to that to make the escrow process a bit easier something they can understand uh we also calculate the prior real estate taxes up to the end of the transaction we provide the grant deed um or the draft of the grant deed we provide and we request the estimated closing statement and upon receipts of these documents we will request funding from the trust group to fund the escrow as far as the joint escrow instructions and grantee signature process we will confirm all the contact information with the property owners preferred contacts sometimes there's multiple owners spread across the state some cases across the country and so having that information to provide to the escrow to provide two escrow is very important so we can try and make a speedy process out of this we coordinate with the sellers to get the grant deeds and escrow instructions executed in order to and determine whether like a traveling notary is necessary or they can meet somewhere um where the a title company office is to sign these documents uh we request conformed copies from these documents in order to provide them to cdfw land agent and in step five this is the cdfw land agents portion when they coordinate with WCB land agent to review the following documents prior to WCB executive director final approval so all of these all the documents listed here need to go into a package these are all internal processes and reviews between cdfw and WCB and so you can see they have a lot to go through a lot to combined to make this package and then go through their internal processes to get that um approved for the to have the executive director final approval and finally the recording process uh WCB will forward the grantee and the required certificate of acceptance to Escrow uh since the escrow has been funded once everything is signed and ready to close escrow that monies will be dispersed to the property owner the title policy will be provided to CDF wwcb from that point the trust group will complete the mitigation by transferring the enhancement fees and endowment within six months of recording of the deed and that is all I had and then at this time I'd like to invite Paragon consultant up to provide their report as well uh good uh good morning hello everyone my name is uh Colin vales with the Paragon partners and I am the project lead on the project and I'm Philip Bonita and I'm the project manager and column will be providing an update as to where we are on the progress of our app and just let me if I may um Corey did a wonderful job of articulating the process we had a fairly challenged process before and now um we are implementing that exact process that Corey has articulated so um very we anticipated quite a bit more progress in the next few months okay so the first property that I would like to highlight is the Pan American property for the Pan American property we have secured the signature from the property owner on the grant deed and the escrow instructions and copies of those documents were provided to a cdfw for approval with the wildlife Sherman Boyle I think this is too much detail for an open meeting so the idea was to let us know I have 75 I've done 35. I'm having trouble with 10 whatever that that is and then I have a question about oil and gas uh minerals so if you want to just scroll through this and yeah yeah let's look it over real quick uh okay so we have four properties they're the first four on the screen we anticipate those closing Escrow in the first and second quarter of 2023 uh for property number five the Myron Reed property we anticipate that escrow closing in the second and third quarter of 2023 and then for properties six through eight we anticipate those escrows closing in the second and third quarter of 2023 and then properties 9 through 12. oh I'm sorry okay uh properties 9 through 12 we anticipate those closing in the fourth quarter of 2023 there's some title issues that we are addressing right now and it's going to take a little bit more time to address those issues before they can move forward uh in the process that's it thank you please so uh thank you so much I really appreciate that um you are also looking at oil and gas leases and minerals is that the job of paragon or is City Bakersfield staff doing that how does the consultant's responsibility as needed for property so on page seven of the annual report I'm sorry it was on consent but I have a question about the process on these bullet points uh it says you review and explore options termination of leases in court that is off the table as far as I'm concerned the property owner needs to deliver a piece of property to us if the seller wants to go and terminate it's in the fourth quarter annual report page seven uh I just want to be clear that that's not something that the trust group is going to undertake on a piece of property that we don't own and I am clear that the state is not going to be engaging in that if if you want to and you are not to be providing legal advice to uh sellers so you can say look you all need to wander off and talk to your lawyers and figure out how to what you want to do to deliver this so I just want to be clear about that all right thank you so much how many acres do we have left if this is a hundred and 78 I'm sorry so I will note just if I could summarize okay um so far the the WCB has accepted approximately 197 Acres um not all of those are closed but they have been accepted so they'll continue through the closing process and pay for payment there are approximately uh 490 that are still in progress that were assigned and I believe a little roughly 350 of those acres are being actively pursued and going through the process with cdfw right now thank you so much how many acres will it take us to get to one to one we're at Point ninety we need roughly 812 total so we would have a deficit 300 about 300 and change yeah thank you so much for the update for us right now as we come to the end of this um long long conservation effort um are we open to referrals for recommendations for new business for the next Chris or do we need to finish this item sorry I'd love I'd love to make a couple of comments um and I I think it echoes the the trust group sentiments um to my knowledge both Consultants have an identified or begun the process of identifying additional property that um the trust Coupe could transfer to cdfw and so consequently although we've addressed all the properties that were originally placed to you um and the majority of those properties are are in process some of those properties we've found them to be um inadvantageous for transfer to CF cdfw and have take them take them off of the list so to speak but at this point in juncture there there has to be a transition point where we address the additional shortfall this Board needs needs and wants to get to one-to-one the ratio of one to one and being at 0.98 um and not seeing the sufficient land inventory in process to get there then identifying the additional 325 Acres or 350 Acres both permittees continue to develop then in order to make a one-to-one on January 1st 2023 we we need you to be actively engaged in identifying properties and working collaboratively with cdfw such that we do reach that one-to-one Target and that's my statement to you I appreciate your efforts to date um but um you've been provided an extension for our our we're having conversations about providing a one-year extension and within that one year we need to get to a place where we're in full and total compliance with the Metropolitan Bakersfield habitat conservation plan which will sunset on the first so that's my task to you a trust group needs to be hearing about the fact that we're at one to one ratio not at 0.98 thank you um director oviatt if you have additional comments the floor is yours that was absolutely the point I do need some I'm sure that chairman Boyle and his conversion on this but I do need to be brought up to speed so the trust groups work technically in regards to allowing applicants to pay for coverage ends on December 31st or January January January 1st the trust group itself however still has business to do so I've turned to Mr Hall to be clear that we are still able to do the work that we're doing in regards to going and getting property until there's no more there's no more fees that we've collected left in other words we have money that we collected for impacts and hopefully those people have gone out and done something with it and aren't going to ask us for a refund and that's my second question do we have anyone who's going to come back to us and say I've decided not to build the project and I need a refund so that's the other question and so if we have no answer today I'm assuming we are going to have a meeting in 2023 I'd like to first of all emphasize to the Consultants great work this is exactly what we were hoping for is that you would look to see if there was some way to work this out but yes we are under we are under a timeline and pressure there's pressure now because of the situation so that so I appreciate your comments those are exactly the same comments but second I would like to ask if we can put on for new business a report on what are we doing with this body and how is this all going to work out I said that ineloquently would it so I'd just say from the cdfw perspective our assumption is it's going to continue because the ITP is still active you know the new projects um so just to be clear once the ITP ends take authorization associated with those projects also ends whether those projects are completed or not and so one of the things that we discussed with the city and the county was that we wanted to make sure that projects that signed up on let's say December 31st had time to complete their project so the ITP continues so and the mitigation approach From cdfw's perspective is the trust group is implementing the mitigation and so we're comfortable right now we know you are working hard to remedy the shortfall between the one to one it's close the 0.98 to 1 and so that's why as long as we continue to see the efforts being made through the trust group we're not going to like make an issue out of you're a little short you know right now because um you're working on resolving it if the trust group meetings are going to end we definitely need to know that because from our permanent perspective that is the mitigation strategy and you haven't met it yet so that's why okay and if it doesn't work for the city we can talk about what that means we're not interested in ending what so June in that the mbhcp will not have not be permatease neither the county nor the city will be a permittee on 1231 or on January 1. the last extension provided for issuance of grading permits and release of grading holds up to December December 31st and but those permits needed to be completed by June 1 per the last extension um in researching what happens to an individual who pulls that grading hold there is no refund if ultimately they choose to not move forward or they don't have that grading work done by by June 1 because the the permittee no longer has an authority to provide an extension we're no longer permatees we can administer to the permits that we issued up until June 1 2023 and make sure that those are all finaled and complete but the ability for a developer to ask for a refund is not not available if someone has a development project and they paid for a grading permit but the grading permit wasn't issued and they paid those fees well again if the grading permit isn't issued then I'm not sure why why anybody would have paid their fees sometimes and sometimes that's the way it works if it's not issued they didn't I did see uh an effect in my in my release email both and I believe in our my Public public notice that's published for the next four Sundays inclusive to last Sunday the last publication I believe will be on Christmas so um in working with our consultant who is working on on this issue the consultant advises that there is no refund available to fees that might have been paid in the past whether they they paid the fee and we do have some subdivisions out there that paid a fee but didn't move forward there was a real estate collapse somewhere in the lifespan of this process as well of the of the trust group and the determination from them our consultant is that there would not be any refunds available what consultant are you referring to Mr Boyle ICF okay ICF is not a consultant to the Metro Bakersfield hcp so I need I'm fine if we don't give a refund I just don't want to be sued so at the end of the day I would like a a response from the the staff and and Council they are not consultant to us and so that's a different conversation and at the end of the day the Metro hcp is on the hook for legal cost the city and the county if someone comes in and wants it and we've spent their money and I'm fine with that I just want to understand it so I'm I'm I'm hearing that we'd like um our Council for the trust group to bring us a report as to um the the legality as to the the position that ICF has provided to the city can you do that and then created a fantastic detailed notice that walks through all of the deadlines and everything that's really really top drawer that we are going to copy over at the county except for this issue of I just am unclear about a refund only because I'm deep into it on a number of other projects and so it would be helpful for the trust groups legal counsel to collaborate with because everything that's been released by the city as relates to the the expiration of the current mbhcp process was vetted through through our city council and so I I think we should I think that it'd be good for the trust groups legal counsel to to do that footwork to make certain that there's consensus as to um the information that we've provided great yeah I was just going to add I I will have to go look back at the ITP to see how it speaks about the fees yeah you know personally I think our ultimate goal is making sure we're at that one-to-one mitigation ratio so I don't know how much it speaks specifically to the fees other than a mechanism so I would just double check that and then I know um you know member Cole is not here today but there was way back in the day and implementation agreement signed with the service and I don't know what or if that had any requirements about fees so you may just want to look at that as well and I can get you um in addition to a report from your Council I can talk with ours and see if we have an official position on that as well and provide that to both of you so just to clarify the point is if there's no impact if there's no greater that ever touched the dirt if there's never anything that happened on the Land There is a legal issue here as to whether you can actually say that they needed a permit I'm not talking about people who half grade if you half grade you're done if you move one greater onto that property if you went and stockpiled something on that property you're done I'm talking about people who never moved in never did anything on the property but for some mechanism they ended up paying that's all I'm talking about we're not talking about partial refunds we're not talking about people coming in saying well I only graded half of it I'm very clear you're done if you touch it if you put one piece of pipe on it you're done and we're gonna we're gonna use that money so just to clarify that's what we're talking about people who may not ever have moved in and have now canceled their permits and we may not have some of those but I I just don't know that's all we're talking about or or allowed a permit to expire yes okay so I think we kind of say Wade off of Old business so what I'm going to say is uh can I have a motion motion to approve report thank you member vote member Boyle yes member oviat yes motion approved by roll call vote there is no closed session for this hearing therefore to [Music] uh do we have any member announcements I would just simply reiterate to our Consultants I need to get to one to one and um and to encourage you to take the next steps in that role and begin to seek out properties that are beyond the the properties that we originally provided for you to take action I want to thank you for taking positive steps working with Wildlife agencies to create a new standard operating procedure that works um next step we need to get to one to one so thank you for being here tonight uh today and um I'm looking forward to hearing more good news um in our first meeting of 2023. and with that I will move to adjourn at 10 13.