By-Laws

Membership

Members serving on the CAP shall be selected jointly by the City of Benicia (City) and Valero in accordance with the requirements of the Good Neighbor Agreement, executed between the City and Valero on September 25, 2000. Members shall be current residents of the City or owners of businesses that are located within the City. The following organizations shall each be represented by one member:

Benicia Chamber of Commerce
Benicia Industrial Park Association
Benicia Unified School District
Benicia City Council
Good Neighbor Steering Committee

In addition, the community-at-large shall be represented by three members.

Terms

The members of the CAP shall serve an initial two-year term. Upon completion of the initial two-year term, the member's representative organization will review for the extension of additional terms or designate another member to replace the existing member.

Chairperson

The CAP shall select a chairperson by means of a majority vote. Elected officials serving as members of the CAP shall not be eligible to serve as chairperson. The chairperson shall hold the position for two years and is eligible to serve a additional terms at the pleasure of the membership., Election of the CAP chairperson shall be held at the first meeting of each calendar year.

The chairperson shall also serve as spokesperson and media contact for the CAP.

Filling of Vacancies

In the event a member cannot complete a full term and must withdraw from membership in the CAP, a replacement shall be selected as follows: for a member representing an organization, the affected organization shall select a replacement; for a member-at-large, Valero and the City, in consultation with the CAP, shall select a replacement. The individual appointed shall fill only the remaining unexpired term of the member who has withdrawn.

Meeting Agendas

The chairperson, working directly with the Valero Refinery Manager or his/her appointee, shall send out an agenda for the meeting by regular or email. Agenda items may include matters requested by CAP members for inclusion at a prior CAP meeting, matters communicated to the chairperson during the interval between the prior meeting and the date of mailing of the agenda, or matters added at the beginning of the meeting at the discretion of the chairperson.

Conduct of the Meetings

The CAP will have six meetings each year and shall hold two annual public meetings in a town hall format with a time limit of 90 minutes. A quorum shall consist of five (5) members.

At the beginning of each meeting, the chairperson shall call for approval of the minutes of the previous meeting, and shall review the agenda items, including additions or deletions.

Meetings of the CAP shall be issue-oriented, and shall primarily focus on review of key programs that pertain to refinery operations, in accordance with the provisions of the Good Neighbor Agreement. The CAP shall make every effort to address matters that come before it by working to achieve a consensus. Matters that cannot be resolved by a consensus shall be determined by a majority vote.

Annual Report

The CAP shall prepare an Annual Report after the end of each calendar year summarizing its key activities and accomplishments. This report shall be presented to the members at the March quarterly meeting.

Copies of this report shall be provided to the City Council, represented organizations on the CAP, and the Benicia Public Library.

Amendments to the By-Laws

Amendments to these By-Laws shall be approved and incorporated upon the majority vote of all members.