HomeMy WebLinkAboutMETROPOLITAN BAKERSFIELD HABITAT CONSERVATION TRUST GROUP
METROPOLITAN BAKERSFIELD HABITAT CONSERVATION
IMPLEMENTATION TRUST GROUP BYLAWS
(as amended November 1, 2012)
I.NAME AND AUTHORITY
1.01.Name. The name of the entity controlled by these bylaws is the Metropolitan
Bakersfield Habitat Conservation Plan Implementation Trust Group, hereinafter referred
to as the Trust. (Amended November 1, 2012).
1.02.Authority. The Trust was established by the Kern County Board of Supervisors
and City Council of the City of Bakersfield as provided in the Joint Powers Agreement
(JPA) for the formation of the Metropolitan Bakersfield Habitat Conservation Plan
(MBHCP) Implementation Trust Group.
II.DUTIES
2.01 Duties. The Trust shall do the following:
a.Administer the selection and acquisition of the Habitat Management Lands per
the specifications of the Implementation/Management Agreement (I/A). The
Trust shall maintain complete, accurate, and up-to-date records of the amount and
location of the Habitat Management Lands acquired, and the amount of approved
Urban Development.
b.Submit written quarterly reports to California Department of Fish and Wildlife
(CDFW) and United States Fish and Wildlife Service (USFWS) as specified
within the Implementation/Management Agreement.
c.Make a written annual report within thirty (30) days after the end of City and
County fiscal year to USFWS and CDFW on the status of the MBHCP per
requirements of the Implementation/Management Agreement.
d.Hold public meetings at least four times a year to administer the MBHCP, submit
quarterly reports, conduct other MBHCP business, such as Habitat Management
Land selection and acquisition, and receive public comments and inquiries
regarding the MBHCP program.
III.MEMBERSHIP AND TERM OF OFFICE
The Trust Group is composed of members for terms set out by the I/A which presently
provides as follows:
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3.01.Administrators. The Trust is presently composed of one representative from the
City of Bakersfield and the County of Kern respectively, who have full voting rights and
fiduciary responsibilities.
a.The Kern County Board of Supervisors appoint a representative from the County
of Kern.
b.The City of Bakersfield City Council appoint a representative for the City of
Bakersfield.
3.02.Mandatory Advisor. The I/A provides that there be one representative from the
CDFW, the USFWS, and a member of the public who may attend the Trust meetings and
may consult with the administrators. An Advisor does not have fiduciary responsibilities
and is not a voting member of the Trust.
a.USFWS appoint a representative as advisor to the Trust.
b.CDFW appoint a representative as advisor to the Trust.
c.A member of the public be alternately appointed by the City Council and Board of
Supervisors, beginning with the Board of Supervisors in 1994.
3.03.Term of Office. The I/A provides that the Administrators serve a term specified
by the Board of Supervisors or the City Council respectively and have no set term. The
Advisors, exclusive of the public member, shall serve terms specified by CDFW and
USFWS respectively and shall serve such terms as set by the appointing authority. The
public member shall serve a two year term.
3.04.Vacancies. A vacancy in an Advisor position shall exist in any of the following
circumstances:
a.When an Advisor submits a written resignation to the Trust and to the appointing
authority;
b.When an Advisor fails to attend three consecutive meetings without first
notifying the Trust group in advance of the meeting and providing a reasonable
excuse for his or her absence;
c.When death, disability, change of employment or any other such circumstance
prevents the Advisor from completing a term.
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d.With respect to a public advisor, when removed from office by a majority vote of
the City Council or Board of Supervisors respectively.
3.05.Removal of a Trust Administrator. Any Trust Administrator appointed by the
Board of Supervisors or City Council may be removed from office by a majority
affirmative vote of his respective legislative body.
3.06.Notice to Appointing Authority. As soon as a vacancy is imminent or as soon as
practicable after a vacancy occurs, the Trust shall notify the appointing authority in
writing and shall request appointment of a replacement.
3.07.Public Notice of Vacancies. Wherever a vacancy has occurred for the public
member position, a vacancy notice shall be posted in accordance with the appointing
jurisdiction’s instructions.
3.08.Appointments. Appointment of any person to fill the vacancy for the public
member position shall not occur until at least 10 days after public notice of the vacancy
has occurred. If, however, an emergency exists, the appointing jurisdiction may fill the
unscheduled vacancy immediately, on a temporary basis. Persons appointed on a
temporary basis shall serve only until the final appointment is made, and may be removed
at that time by virtue of the appointment of another member to replace the temporary
appointment. The Public At-Large Member shall continue to serve after expiration of
his/her two-year term until a new Public At-Large Member is appointed by the
appropriate appointing authority. (Amended September 21, 2000).
IV.OFFICERS
4.01.Chair. The Administrators shall alternate each year as Chair to the Trust. The
Administrator appointed by the County shall begin as Chair in 1994.
4.02.Secretary. The Administrators shall alternate each year as Secretary to the Trust.
The Administrator appointed by the City shall begin as Secretary in 1994.
4.03.Administrative Officer. The Administrative Officer shall be selected by, and shall
serve at the pleasure and upon the terms prescribed by the Trust, and shall perform such
duties as the Trust shall require.
4.04.Staff. The Director of the Kern County Planning and Community Development
Department, the Director of the City of Bakersfield Planning Department, or any
employee(s) of either Department as designated by the Directors, shall serve as staff to
the Trust.
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V.PUBLIC MEETINGS
5.01.Brown Act. All meetings of the Trust shall be subject to the terms of the Ralph
M. Brown Act, Government code Section 54950 et seq.
5.02.Open Sessions. Except for properly authorized executive sessions, each Trust
meeting shall be properly noticed and open to the public. Unless recognized by the Trust
Chair, no member of the public shall participate in Trust business or deliberations except
when making public statements as set forth in each agenda.
5.03.Executive Sessions. No executive sessions of any meeting excluding the public
shall be conducted by the Trust without the Secretary advising the County Counsel and
City Attorney of the specific purpose or purposes of such meeting, and receiving written
advice from the legal advisor to the Trust that it is legal to hold such session or meeting.
The County Counsel and the City Attorney will use their discretion as to whether he or
she will be represented at any executive session held by the Trust.
5.04.Regular Meetings. The Trust will hold at least four meetings per year at a public
building during work hours. The Trust may continue the meeting from time to time, in
which case notice of the time and place to which the meeting is continued shall be
publicly announced prior to adjournment of the meeting. If the continued date is less
than five calendar days in the future, no further notice is required. However, if the
continued date is five calendar days or more into the future, regular agenda notice and
posting procedures will apply. Regular meetings of the Trust Group will be held
according to the adopted Trust Meeting Calendar, Thursdays, 10:00 a.m. at the Kern
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County Counsel Hearing Chambers, 1115 Truxtun Avenue, 4 Floor, Bakersfield, or at
such other time, date, or place approved by unanimous vote of the Trust. Special
meetings shall be convened as necessary. (Amended October 19, 1994; January 21,
1998; September 21, 2000; November 1, 2012).
5.05.Cancellation of Regular Meetings. If any regular meeting is canceled, notice of
this fact shall be given by an oral announcement by the Administrators at the previous
regulation meeting, or by posting a notice at or near the door of the meeting place at the
time the regular meeting was to be conducted if the canceled meeting has already been
properly noticed.
5.06.Trust Quorum and Trust Actions. Both of the Administrators of the Trust shall
constitute a quorum for the transaction of business. The Trust shall act according to the
unanimous vote of the administrators.
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5.07.Roberts Rules of Order. Except as otherwise provided in the bylaws or by statute,
ordinance, or resolution, all meetings shall be conducted generally, but not specifically in
accordance with the parliamentary procedures set forth in the most recent edition of
Roberts Rules of Order.
5.08.Roll Call Vote. Ordinarily the Chair shall determine the manner in which votes
shall be taken, however, a roll call vote shall be taken whenever requested by any
member in attendance. Such a request may be made before or promptly after a vote is
taken in any other manner.
VI.RECORDS
6.01.Minutes. The Secretary shall prepare official minutes of each regular meeting,
indicating attendance and whether absences were previously cleared with the Chair of the
Committee, and recording actions taken at each meeting. The minutes for each meeting
shall be filed with the Clerk of the Board of Supervisors and the City Clerk once
approved by the Trust and duly signed by the Secretary and attested to by the
Administrators.
6.02.Progress Reports. The Trust may submit progress reports and recommendations
to the Board of Supervisors and City Council at any time.
VII.AMENDMENTS
7.01.Procedures for Amendments. Any proposed amendments to these Bylaws must
be submitted to the Trust Staff for inclusion on the Agenda for a regular meeting not less
than 30 days before such meeting. Any proposed non-minor amendment must be
approved by a unanimous vote of the Trust; any proposed non-minor amendment shall be
submitted to the Board of Supervisors and the City Council. No non-minor amendments
to these Bylaws shall take effect unless approved by a majority of the Board of
Supervisors and City Council. A minor amendment is an amendment that does not
require a corresponding amendment to the Section 10(a) permit, 2081 permit, or
Implementation/Management Agreement. (Amended January 21, 1998; November 1,
2012).
VIII.FUNDS
8.01.Funds. The Trust shall be strictly accountable for all funds received, held and
disbursed by it and shall be subject to the reporting requirements for all receipts and
disbursements as provided for in Government Code Section 6505. Mitigation funds
collected by the City and County will be deposited quarterly into a single trust fund to be
administered by the Trust.
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IX.FINANCING
9.01.Grants. The Trust shall apply for available State or Federal funds and shall make
new and additional applications from time to time as appropriate. The Trust may also
establish and collect various fees for service provided by it.
9.02.Expenditures. All expenditures of funds held by the Trust, from whatever source
received, shall be approved by the Trust.
T:\Planning\HCP Trust Group\TG Meetings\2012\November 1\BYLAWS FINAL Nov 1, 2012.docx
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