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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