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
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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.
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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:
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APPROVED SEP 2 2 2010