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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: 1- - MBHCP Imp. Trust Group Bylaws 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. 2- - MBHCP Imp. Trust Group Bylaws 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. 3- - MBHCP Imp. Trust Group Bylaws 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 th 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. 4- - MBHCP Imp. Trust Group Bylaws 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. 5- - MBHCP Imp. Trust Group Bylaws 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 6- - MBHCP Imp. Trust Group Bylaws