Attachment 1
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CITY OF MOUNTAIN VIEW
RESOLUTION NO.
SERIES 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE FIRST AMENDMENT TO THE
AGREEMENT CREATING THE SANTA CLARA COUNTY RECYCLING AND WASTE REDUCTION
TECHNICAL ADVISORY COMMITTEE FOR TELECONFERENCE OPTIONS
WHEREAS, in 2013, the City Council authorized the City Manager to execute an agreement creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC).
WHEREAS, the TAC provides technical expertise to the Recycling and Waste Reduction Commission of Santa Clara County on solid waste management, policies, and programs to reduce sending material to the landfill and protect public health and safety and the environment; and
WHEREAS, the Recycling and Waste Reduction TAC agreement was developed during a time when teleconferencing audio and visual capabilities were limited and , therefore, the current language strongly discourages teleconferencing options. However, since then, teleconferencing technology has greatly improved; and
WHEREAS, the onset of the COVID-19 pandemic and passage of AB 361 required the TAC to hold all meetings virtually to limit exposure to the virus starting in December 2020, and AB 361 expired in January 2023, which subsequently lifted the Santa Clara County Health Department’s moratorium on in-person meetings, and these meetings returned to in-person only; and
WHEREAS, due to the benefits of teleconferencing such as reduced transportation -related greenhouse gas emissions and reduced staff travel times, the TAC administrator and member jurisdictions recommend amending the agreement to no longer discourage meeting teleconference options; and
WHEREAS, the agreement amendments will comply with Section 54953(b) of the Ralph M.
Brown Act, providing an option for member agency staff and the public to attend virtually from satellite meeting locations within Santa Clara County or continue to attend meetings from the County offices in San Jose; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the approval of the attached agreement is categorically exempt pursuant to Section 15308 ; now, therefore; be it
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RESOLVED: that the City Council of the City of Mountain View authorizes the City Manager, or designee, to execute the First Amendment to the Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (attached as Exhibit A); and be it
FURTHER RESOLVED: the City of Mountain View finds that, with regard to CEQA, the approval of the attached amendment to the agreement is categorically exempt pu rsuant to Section 15308; and be it
FURTHER RESOLVED: that staff is directed to notify the TAC administrator that the Agreement amendment has been approved.
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JC/4/RESO
958-11-14-23r
Exhibits: A. First Amendment to the Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee
B. 2013 Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee
First Amendment to MOA revised 7-18-23 Page 1 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
FIRST AMENDMENT TO AGREEMENT
CREATING THE SANTA CLARA COUNTY
RECYCLING AND WASTE REDUCTION
TECHNICAL ADVISORY COMMITTEE
This FIRST AMENDMENT (“FIRST AMENDMENT”) TO AGREEMENT CREATING THE SANTA
CLARA COUNTY RECYCLING AND WASTE REDUCTION TECHNICAL ADVISORY COMMITTEE (“AGREEMENT”) is entered into and becomes effective on ______________________ (“Effective Date”), by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF GILROY, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MORGAN HILL, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a chartered municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the Sta te of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California.
All the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY."
RECITALS
WHEREAS, PARTIES entered into the AGREEMENT creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (“TAC”);
WHEREAS, pursuant to “Section III, Paragraph C. Attendance From A Remote Location” of the AGREEMENT, member participation in TAC’s meetings virtually through teleconference technology was strongly discouraged;
WHEREAS, starting in December 2020, pursuant to the first state of emergency teleconferencing procedures and subsequently AB 361, PARTIES were routinely meeting virtually through teleconference technology, which continues to support robust participation and communication; and WHEREAS, PARTIES wish to enter into this FIRST AMENDMENT to revise the language in “Section III, Paragraph C. Attendance From A Remote Location” of the AGREEMENT to remove any indication that participation in TAC meetings virtually through teleconference technology is prohibited or strongly discouraged and allow members to participate in TAC meetings by utilizing teleconference technology, pursuant to the teleconferencing provisions in the Ralph M. Brown Act (Government Code Section 54953(b)) (“Brown Act”).
FIRST AMENDMENT
NOW, THEREFORE, it is agreed among the PARTIES to incorporate the above Recitals hereto, and that the AGREEMENT is hereby amended as follows:
1. Amendment. All terms and conditions of the AGREEMENT, as attached hereto and incorporated Exhibit A
First Amendment to MOA revised 7-18-23 Page 2 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
herein as Exhibit “1” shall remain in full force and effect except that the following amendment shall be made as set forth below. “Section III, Paragraph C. Attendance From A Remote Location” shall be amended and replaced in its entirety by the following:
“C. Satellite and Auxiliary Teleconferencing Attendance in Meetings.
1. Definitions:
Satellite Locations: Satellite Locations are defined in paragraph 2 below and include designated locations that will be determined in advance by the TAC in consultation with the Administrator.
Auxiliary Locations: Auxiliary Locations are defined in paragraph 3 below and do not include previously designated Satellite Locations and must be approved in advance by the Administrator.
2. Satellite Locations. Meetings of the TAC may be held via video teleconference from multiple Satellite Locations located within Santa Clara County. Each designated Satellite Location will be open to the public, and public comment may be made from all Satellite Locations. The TAC shall comply with all Brown Act teleconferencing requirements, including but not limited to, requiring a quorum of the TAC to participate from Satellite Locations within the TAC’s jurisdiction, posting the agendas at all Satellite Locations, and posting the members’ Satellite Location on the notice and agenda. Satellite Locations, including number and location, shall be determined by the TAC in consultation with the Administrator.
3 Auxiliary Teleconference Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from an Auxiliary Teleconference Location not previously designated as a Satellite Location via teleconferencing technology, provided that an Auxiliary Teleconference Location meeting room or rooms comply with all Brown Act teleconferencing requirements, including, but not limited to, the ability to connect the Auxiliary Teleconference Location to the other locations where TAC members are meeting and the ability for the public to address the TAC directly. The Auxiliary Teleconference Location will be open to the public, and public comment may be made from the separate Auxiliary Teleconference Locations. The agenda shall be posted at each Auxiliary Teleconference Location, and the agenda will include the member’s separate Auxiliary Teleconference Location on the notice and agenda. The member shall comply with all Brown Act teleconferencing requirements.
In such event, the member will notify the Administrator at least seven (7) days in advance of the meeting and request to attend from an Auxiliary Teleconference Location. The Administrator will advise the member if attendance from the Auxiliary Teleconference Location is permissible. If attendance from the Auxiliary Teleconference Location is permissible, the Administrator will comply with all Brown Act teleconferencing requirements, including but not limited to, requiring a quorum of the TAC to participate from teleconferencing locations within the TAC’s jurisdiction.
The member shall be responsible for posting of the agenda and public access at the Auxiliary Teleconference Location.
First Amendment to MOA revised 7-18-23 Page 3 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
A member who attends a meeting from a separate Auxiliary Teleconference Location outside the jurisdiction of Santa Clara County will not be included in the count to determine a quorum; however, the member's vote will be counted. A member who attends a meeting from a separate Auxiliary Teleconference Location within the jurisdiction of Santa Clara County shall be included in the count to determine the quorum.
Attendance from an Auxiliary Teleconference Location is to be used only in rare cases of unavoidable schedule conflicts. In person and Satellite Location attendance at meetings is strongly preferred and encouraged.
2. Except as amended by this FIRST AMENDMENT, all other applicable terms and conditions of the original Agreement and attachments shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.
3. The unenforceability, invalidity or illegality of any provision(s) of this FIRST AMENDMENT shall not render the other provisions unenforceable, invalid or illegal.
4. The PARTIES may execute this FIRST AMENDMENT in two or more counterparts, which shall, in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. The parties agree that an electronic copy of a signed agreement, or an electronically signed agreement, has the same force and legal effect as an agreement executed with an original ink signature. The term “electronic copy of a signed agreement” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed agreement in a portable document format. The term “electronically signed agreement” means an agreement that is executed by applying a verified electronic signature using technology approved by the County.
5. The signatories to this FIRST AMENDMENT warrant and represent that each is authorized to execute this FIRST AMENDMENT and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this FIRST AMENDMENT.
6. This FIRST AMENDMENT is authorized by Article XII, Section G, of the AGREEMENT, which provides that the AGREEMENT may be amended by unanimous written agreement of the PARTIES.
[SIGNATURES ON FOLLOWING PAGE]
First Amendment to MOA revised 7-18-23 Page 4 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
IN WITNESS WHEREOF, the PARTIES have executed this FIRST AMENDMENT effective as of the date first written above.
COUNTY OF SANTA CLARA, a political subdivision of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ President, Board of Supervisors Deputy County Counsel
CITY OF CAMPBELL, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF CUPERTINO, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF GILROY, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF LOS ALTOS, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ___________________ _________ City Administrator/Manager City Attorney
TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager Town Attorney
First Amendment to MOA revised 7-18-23 Page 5 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
TOWN OF LOS GATOS, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager Town Attorney
CITY OF MILPITAS, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF MONTE SERENO, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF MORGAN HILL, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF PALO ALTO, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
First Amendment to MOA revised 7-18-23 Page 6 of 6
Creating the Santa Clara County
Recycling and Waste Reduction
Technical Advisory Committee
CITY OF SAN JOSE, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF SANTA CLARA, a chartered municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF SARATOGA, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
CITY OF SUNNYVALE, a municipal corporation of the State of California Approved as to Form:
Date: __________ Date: __________
By: __________________________________ By: _______________________________ Name: ____________________________ Name: ____________________________ City Administrator/Manager City Attorney
Exhibit B