AMENDED BYLAWS
NORTH RICHMOND WASTE & RECOVERY MITIGATION FEE
JOINT EXPENDITURE PLANNING COMMITTEE
With consensus of the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee, these Bylaws were submitted an d approved by the Co ntra Costa County Board of Supervisors and Richmond City Council on April 1, 2008. Amendments proposed by the Committee in June 2017 for consideration and approval.
I. Purpose & Objectiv es of the Committee
The purpose of the Committe e is to provide the City and County with recommended spending plans (Expe nditure Plans) describing allowa ble activities (Strategies) and associated budget allocations to be funded with North Rich mond Mitigation Fees during each Expenditure Plan cycle. Each Expenditure Plan shall govern use of funding on a fiscal year cycle (beginning on July 1st and ending on June 30th of each year), providing the City and County with the authority to utilize allocate d funding amount s for actual expenditures directly resulting from allowable activities that are performed or conducted during the applicable fiscal year. Committee recommended Expenditure Plans are to be presented to the Contra Costa County Boar d of Supervisors and the Richmond City Council for final approval. This Expenditure Plan process provides the means for the County and City to jointly administer the Mitigation Fee funding for the benefit of both the unincorporated and incorporated areas of North Richmond.
The Committee’s advisory authority and role is based on the Memorandum of Understanding (MOU) be tween the City and Co unty which was origi nally approved in 2004. The Committee has been charged with developing suggest ed allocation of Mitigation Fee funding consistent with the purposes specified in the legally-binding MOU and associated Environmental Impact Report and Use Permits approved by the City and County.
The Committee is only author ized to perf orm the above-described advisory function designated by the City and County. All actual decision-making authority is retained by the County and the City.
II. Structure an d Operations of the Committee
a) The Committee shall consist of seven (7) voting members: three (3) members of the Richmond City Council, one (1) member representing the Contra Costa County Board of Supervisors, two (2) members of the North Richmond Municipal Advisory Committee appointed by the Contra Costa County Board of Supervisors (both of whom must reside in the unincorporated North Richmond area), and one (1) resident from the incorporated portion of North Richmond appointed by the Richmond City Council. T he Committee will be governe d by regulations in the Bylaws – North Richmond Mitigation Fee Committee
Ralph M. Brown Act as well as the County’s Better Government Ordinance, to the extent appropriate and applicable. An alte rnate, authorized by the representative agency, may attend a nd vote at meetings in lieu of the appointed member as necessary. Designated alternates shal l be named upon th e approval of these Bylaws and on an as-needed basis thereafter. Residency requirements applicable to City and County appointees for Committee member seats shall also apply to appointments for corresponding alternates.
b) Committee members missing three co nsecutive regular meetings within any consecutive twelve (12) month period wit hout notifying staff or Committee Chair, after due notice by st aff, shall be sufficient to constitute an automatic resignation from the Committee. Replacements shal l be authorized by the representative agency.
c) Each appointed Committee member or alternate may be considered for removal from the Committee at any time by his/her respective nominating agency.
d) The Committee shall establish at leas t two (2) regularly scheduled dates and times for Committee meetings to occur each year. Meetings may also be called by the Chair, 3 or more member s of the Committee or Co mmittee staff as deemed necessary for sufficient cause. Committee staff will advise Committee members no less than two (2) weeks in advance if a regularly scheduled meeting should be cancelled due to lack of issues requiring their consideration or action.
e) Establishment of standing and ad hoc committees shall be done on an as-needed basis. The establishment of standing and ad hoc committees and selection of members for these co mmittees requires the approval of a majority of the Committee.
f) The Committee shall elect a Chairper son and Vice-Chairperson for terms of two years.
g) Unless otherwise authorized by a majori ty vote of the Committee, the Chairperson and Vice-Chairperson may serve no more than two consecutive full terms in each position.
h) The Vice-Chairperson shall serve in the absence of the Chairperson.
i) The Chairperson s hall be responsible for:
i) Conducting all m eetings of the Committee.
Bylaws – North Richmond Mitigation Fee Committee
ii) Representing the Committee (o r designating a person to represent the Committee) before the Board of Supervisors and Richmond City Council, if needed.
iii) Notifying Committee Staff and t he Vice-Chairperson of his/her planned absence in advance of each applicable scheduled meeting.
j) The Committee shall limit the amount of time each pe rson requesting to address the Committee at a public meeting may speak to the Committee about any specific agenda item, including Public Comment, to no more than three (3) minutes each.
k) Final approvals and recommendations of the Committee shal l require a majority vote of the Committee members or their alternates in attendance. Committee may only vote if there is a qu orum of members or their alternates in attendance (four seats). When a quorum of the Committee is not present, me etings shall be adjourned without receiving public comment or further considering or discussing of any other items on the agenda. Staff may take recommendations to the Board of Supervisors and City Counc il in the absence of Comm ittee voting to approve recommendations within the time period required to facilitate timely City and County approval, which may occur if a quorum of Committee members were unable to attend and vote at a scheduled meeting. Staff recommendations shall be submitted to the City Council and Board of Supervisors for final approval if/when necessitated in order to avoid terminating funding for ongoing Strategies resulting in potential gaps in service or to address other critical matters.
l) The Committee's recommendations shal l normally be prepared and presented by Staff and be in the form of letters, resolutions or reports to the Contra Costa County Board of Supervisors and Richmond City Council.
m) The Committee shall ha ve Staff submit an annual (c alendar year) report in December of each year to the Contra Costa County Board of Supervisors which may include, but is not necessarily limited to, the Committee's activities, accomplishments, attendance, and a proposed program for the forthcoming year.
The most recent annual report submitte d by Staff to the County Board of Supervisors shall be provid ed to the Committee at t he next regularly scheduled Committee meeting following annual report submittal.
n) The Committee will rece ive primary staff su pport from the Cont ra Costa County Department of Conservation & Development. Additional staff support will also be received from the Richmond City Manager’s Office. Staff is responsible for:
i) Preparing the agenda and agenda materials, distri buting the agenda electronically (e-mail), posting agenda materials on the internet (www.ccccounty.us/nr) and physically posting agenda in an area visible to Bylaws – North Richmond Mitigation Fee Committee
the public at the meeting location at least 96 hours prior to scheduled meetings unless otherwise allowed by local and st ate requirements (e.g. emergency meeting).
ii) Arranging for Committee meeti ngs, including rescheduling meetings when required due to circumstances which include but are not limited to a lack of a quorum or anticipated absence of both the Chair and Vice-Chair.
iii) Preparing meeting minutes, reports, recommendations, and resolutions for information and/or approval of the Committee as requested or needed.
iv) Representing the Committee with the exception of any instances where the Chair/Vice-Chair does so.
v) Being the agent of the Committee to which requests for Committee action, correspondence, information, inquiries, etc., are directed.
vi) Providing or coordinating staff services to the Committee.
vii) Providing relevant information to the public, the Coun ty, the City and the Committee.
viii) Forwarding and taking t he necessary action s on the adopted recommendations, findings, and actions of the Co mmittee in a timely manner.
o) Committee members and alternates sha ll certify compliance with requirements applicable to their Committee appointment upon request.
III. Amendments to the Bylaws
An Amendment to these bylaws will be made upon approval of the majority of the Committee and then the County Board of Supervisors and Richmond City Council.
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