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HomeMy WebLinkAboutRES NO 114-10RESOLUTION NO. 1 1 4` 10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD SUPPORTING PREPARATION OF A NEW METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN AND EXTENSIONS OF TIME OF THE CURRENT PLAN'S EXISTING PERMITS WITH THE U.S. FISH AND WILDLIFE SERVICE AND THE CALIFORNIA DEPARTMENT OF FISH AND GAME WHEREAS, the City of Bakersfield and County of Kern jointly adopted and currently manage the Metropolitan Bakersfield Habitat Conservation Plan (HCP), which is a comprehensive program to mitigate the impact of urbanization on federal and state protected plant and animal species while allowing urban development to proceed as set forth in the Metropolitan Bakersfield General Plan; and WHEREAS, on August 24, 1994 said plan became effective by the approval of an Implementation Agreement between the U.S. Fish and Wildlife Service, California Department of Fish and Game, City of Bakersfield and County of Kern as a cooperative federal, state and local program of conservation for a number of plant and animal species; and WHEREAS, said agreement establishes the terms and conditions of a permit by the Secretary of the U.S, Department of Interior under Section 10(a)(1)(B) of the Endangered Species Act, and a permit from the California Department of Fish and Game under Section 2081 of the California Fish and Game Code for a period effective 20 years expiring on August 24, 2014, or until urban development permits are issued for 15,200 acres of natural lands or 43,000 acres of open lands; and WHEREAS the City of Bakersfield and County of Kern have taken steps to begin preparation of a new HCP, including application for grants and working with said wildlife agencies, development interests and community organizations, but anticipate a new plan, related agreements and permits will not be completed by the expiration date of the current HCP; and WHEREAS, according to the last Quarterly Report of the Metropolitan Bakersfield Habitat Conservation Plan reported on July 31, 2010, the program's cumulative approved urban development on natural land has only been 3,101.20 acres and on open land 18,098.95 acres, which are substantially below the limits of said current permits; and WHEREAS, the City and County wish to pursue an extension of the current permits to ensure continued mitigation of federal and state protected plant and animal species until a new HCP and new wildlife permits from said federal and state agencies become effective; and WHEREAS, under the terms of the existing wildlife permits, time could be extended upon written request to said federal and state agencies with justification being that urban development is substantially below the threshold limits of the terms within the existing permits, that the City and County have commenced work towards preparation of a new HCP, and such plan would be consistent with the most current wildlife management strategies and mitigation to the benefit of said wildlife agencies; and JGE S:\Dana\ADMINS\2010\Sept\09-22-City Council Peso - HCP Support.doc ~gAKF9 O m J ~ ORIO NAL WHEREAS, the Planning and Development Committee of the City Council recommends that the City Council support staff efforts in preparing a new HCP, and request time extensions to said existing permits with the U,S. Fish and Wildlife Service and California Department of Fish and Game to cover the period of time between August 24, 2014 and the effective date of any new HCP and related new wildlife permits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: 1. The above recitals are true and correct, 2. The City of Bakersfield supports staff efforts in preparing a new Metropolitan Habitat Conservation Plan, 3. The City of Bakersfield requests consideration by the U.S. Fish and Wildlife Service and California Department of Fish and Game to extend their 10(a)(1)(B) and 2081 permits, respectively, to cover the period of time between August 24, 2014, and the effective date of any new Habitat Conservation Plan and related new wildlife permits. 4. Staff is instructed to prepare letters requesting said time extension to each agency for the Mayor's signature. 000---------- JGE S:\Dona\ADMINS\2010\Sept\09-22-City Council Reso - HCP Support.doc Q T ,Y fP7 d -),1!-,1NA! I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on SFp 2 2 2010 , by the following vote: COUNCILMEMBER CARSON BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER AicMK ABSTAIN: COUNCILMEMBER YVOI~,, ABSENT: COUNCILMEMBER ~MQ ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L.AALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: JGE S: \ Dana \ AWNS \ 2010 \ Sept \ 09-22-City Council Reso - HC P Supporf.doc 11 ,NKF9 o n i iNAI Y rrl r APPROVED SEP 2 2 2010