ADMINISTRATIVE REPORT
MEETING DATE: November 5, 2025 AGENDA CATEGORY: Reports TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: October 23, 2025
SUBJECT: Habitat Conservation Plan
1.Update on efforts toward adoption of a new Habitat Conservation Plan
2. Agreement with ICF JONES & STOKES, INC (not to exceed $495,073.25) to continue work on the BHCP
RECOMMENDATION:
Receive and file report and approval of the Agreement.
BACKGROUND:
For nearly 30 years, the City of Bakersfield (City) and County of Kern (County) successfully implemented the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). The MBHCP was a regional habitat conservation plan and state permit that allowed impacts to federal and state listed species resulting from urbanization and related development activities. Although extensive energy was expended over the last ten years in efforts toward preparation of a new habitat conservation plan, the MBHCP and associated Incidental Take Permit (ITP) expired on January 1, 2023 without a subsequent plan in effect.
On February 8, 2023, staff presented a draft Habitat Conservation Plan that was determined to be approvable by the California Department of Fish and Wildlife (CDFW) and the United States Fish and Wildlife Service (USFWS), collectively referred to as the Wildlife Agencies. The draft plan included:
Grading Hold process was retained. Incidental take of protected species was authorized via the release of the “hold” on grading permits.
Habitat Mitigation Fee rose from $2,145 to $14,070 per gross acre. The 5-day grading permit application review time was unchanged. Avoidance and Minimization Measures remained similar to the MBHCP. An Urban Kit Fox Artificial Den Program was to be established, with a Kit Fox Biologist added to City staff.
A Public Education Campaign with website and Public Education Specialist position was to be added to City staff.
A Disease Treatment & Monitoring Program would have been established. Funding for one (1) employee with CDFW was included, enhancing CDFW response times and availability.
The City and the County were permittees within the new proposed HCP. The term of the new HCP/ITP was to be thirty years.
At that meeting, Council expressed concern over the per acre mitigation fee and directed staff to identify amendments to the proposed draft HCP that would reduce per acre mitigation costs.
City Staff went through many different options to reduce the program cost per acre to a number that was palatable This could not occur in a manner to meet program requirements thus effort slowed to evaluate other options.
New Approach
Staff met with CDFW to discuss options on methodologies to meet program requirements and bring costs down. It was clear in the meeting that CDFW desires the City to focus on an urban kit fox plan and not a purchase habitat land to offset developed property program. To better und erstand, staff along with ICF representatives and a CDFW member went on a field trip to residential developments in the southwest Bakersfield to discuss potential mitigation of a real project. The group agreed that there are options to meet overall conserv ation goals and continue developing. With a path forward, the plan will require a change in mind set of how the development community mitigate s and actually promotes urban Kit Fox activity. There will need to be several components to the proposed plan rang ing from new development standards, establishing an endowment to mitigate outbreaks of mange, easements for habitat dens and areas of refuge, as well as other items. A presentation will be provided that will explain the steps toward obtaining the new HCP a nd program highlights. The actual cost per acre is unknown at this time as this will be the first of its kind plan. It is anticipated to be less than the previous $14k per acres fee that was brought forward in 2023.
Should Council choose to move forwar d with this approach, staff has prepared a new contract with the ICF for approval on tonight’s agenda. As grant funding is no longer available, ICF has provided a scope of work and accompanying cost estimate of approximately $498,000.
Should Council choos e to not move forward, staff will discontinue efforts toward adoption of a new Bakersfield Habitat Conservation Plan.
FISCAL IMPACT:
If Council moves forward, approximately $498,000 of funds will be expended on completion of an HCP.
Staff coordination of that effort will require dedication of resources sufficient to complete the task, adding additional staff time for this project.
COUNCIL GOAL:
Economic Opportunity for All
Community Character and Quality of Life
ATTACHMENTS:
Agreement