HomeMy WebLinkAboutRES NO 16-98RESOLUTION NO. J. 9 8
RESOLUTION MAKING FINDINGS APPROVING
AMENDMENT TO SECTIONS 5.04 AND 7.01 OF THE
Bylaws FOR THE METROPOLITAN BAKERSFIELD
HABITAT CONSERVATION PLAN (MBHCP)
IMPLEMENTATION TRUST GROUP TO ALLOW MORE
FLEXIBILITY IN SETTING MEETINGS AND TO ALLOW
THE IMPLEMENTATION TRUST GROUP TO APPROVE
MINOR AMENDMENTS.
WHEREAS, the Metropolitan Bakersfield Habitat Conservation Plan
Implementation Trust Group is responsible for implementing the Metropolitan
Bakersfield Habitat Conservation Plan; and
WHEREAS, in accordance with Joint Powers Agreement (Agreement 93-
168), the Trust Group conducts business pursuant to a set of Bylaws; and
WHEREAS, said Bylaws Section 5.04 specifies the length, day, time and
location of Trust Group meetings; and
WHEREAS, the Trust Group is in need of more flexibility to set meetings
to accommodate variable agency schedules and transportation options; and
WHEREAS, said Bylaws Section 7.01 requires all amendments to Bylaws
to be approved by the City Council and Board of Supervisors; and
WHEREAS, it was proposed that minor amendments to the Bylaws which
are consistent with the Metropolitan Bakersfield Habitat Conservation Plan Section
10(a) Permit, 2081 Permit and Implementation/Management Agreement be approved
by the Trust Group; and
WHEREAS, non-minor amendments which would require a change to the
10(a) and 2081 permits, or Implementation/Management Permit will require approval of
the City Council and Board of Supervisors; and
WHEREAS, all amendments to Bylaws must be consistent with the Joint
Powers Agreement between the City of Bakersfield and the County of Kern; and
WHEREAS, at the Implementation Trust Group meeting of January 21,
1998, the Trust Group voted to approve amendments to Bylaws Section 5.04 and 7.01
as shown on Exhibit "A", and forwarded the proposed changes to the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
ORIGINAL
The above recitals are true and correct.
All required public notices have been given.
This action does not constitute a project as defined by CEQA and
is therefore not subject to CEQA.
Having considered the proposed changes to the MBHCP
Implementation Trust Bylaws, Bylaws Section 5.04 and 7.01, the
Council hereby approved amendment of said sections as described
in Exhibit "A".
......... o0o ........
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
FER ! ! 1998 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOT'E, ROWLES, SULLIVAN, SALVAGGtO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER ~ ~,~...
A&,~EN~ COUNCILMEMBER
ITY CLERK and Ex Officio q~rk of the
Council of the City of Bakersfield
APPROVED,FEBll ~8
BOB PRINCE
MAYOR of the City of Bakersfield
ORIGINAL
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
JM:pjt
January 26, 1998
res\rhcpl-21
ORIGINAL
EXHIBIT "A"
RESOLUTION NO.
AMENDMENTS TO METROPOLITAN
BAKERSFIELD HABITAT CONSERVATION
PLAN TRUST GROUP BYLAWS.
Section 5.04 is hereby amended to read:
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 a 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, and no further notice is
required. Regular meetings of the Trust Group will be held at the call of the Chair,
Thursdays, 10:00 a.m. at the Kern County Counsel Hearing Chambers, 1115 Truxtun
Avenue, 4th Floor, Bakersfield, or at such other time, date, or place approved by
unanimous vote of the Trust. Special meetings shall be convened as necessary.
Section 7.01 is hereby amended to read:
7.01. Procedure for Amendments. Any proposed amendments to these Bylaws must
be submitted to the Trust for inclusion on the Agenda for a regular meeting not less
than 30 days before such meetings. 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.
p:hcp-ea
ORIGINAL