Agenda

Return

C.174

To:	Board of Supervisors
From:	John Kopchik, Director, Conservation & Development Department
Date:	June 11, 2019

Contra

Costa

County

Subject:

Amend Bylaws for the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 06/11/2019

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Justin Sullivan (925)674-7812

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: June 11, 2019
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE amended Bylaws for the North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee, as recommended by the Committee (Exhibit A).

FISCAL IMPACT:

No impact to the County General Fund.

BACKGROUND:

The Waste & Recovery Mitigation Fee was established as a result of the Environmental Impact Report (EIR) for the West Contra Costa Sanitary Landfill Bulk Materials Processing Center (BMPC) project that was approved in 2004. In July 2004, the City of Richmond and Contra Costa County entered into a Memorandum of Understanding (MOU) agreeing to jointly administer Mitigation Fee monies collected from the BMPC for the benefit of the incorporated and unincorporated North Richmond area. The MOU also defines the composition of the committee responsible for developing recommendations for expenditures of the Mitigation Fee. The North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee (Committee) was formed in December 2005 pursuant to the terms of the MOU for the specific purpose of preparing recommended two-year Expenditure Plans. These Expenditure Plans provide a means to jointly administer the Mitigation Fee funding for the benefit of the host community, as described in the EIR. The MOU was subsequently amended to specify that the Committee would recommend spending plans on an annual fiscal year cycle.

At their meeting in February 2008, the Committee approved recommended Bylaws, which outlined the objective, structure and operations of the Committee. The Amended Committee Bylaws now recommended for approval by the County Board of Supervisors (Exhibit A) were approved by the Committee in May 2017. The recommended amendments to the Bylaws clarify the following:

1. Committee shall provide the City and the County recommended Expenditure Plans describing allowable activities (strategies) and associated budgets on an annual cycle,

2. Expenditure Plans shall govern the use of funding for each applicable fiscal year cycle,

3. The Committee’s authority and role is based on the MOU approved in 2004 and all suggested allocations of Mitigation Fee funding shall be consistent with the purposes specified in the MOU, the associated EIR, and applicable use permits approved by the City and County, and

4. Other minor clarifications and general updates related to Brown act requirements and the County’s Better Government Ordinance.

CONSEQUENCE OF NEGATIVE ACTION:

If the amended Committee Bylaws are not approved, the original Bylaws would remain in effect.