City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: November 6, 2023
Report #:2309-2077
TITLE
Approval of First Amendment to the Santa Clara County Recycling and Waste Reduction Commission Technical Advisory Committee Memorandum of Agreement. CEQA Status - Not a project.
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager or their designee to execute the first amendment to the Recycling and Waste Reduction Commission Technical Advisory Committee Memorandum of Agreement permitting access to teleconference options as specified in Section 54953(b) of the Ralph M. Brown Act.
BACKGROUND
The Recycling and Waste Reduction Commission Technical Advisory Committee (RWRC TAC) of Santa Clara County provides leadership for countywide solid waste planning and works to assure the success of countywide cooperative programs to reduce, reuse, and recycle materials that otherwise would be disposed of in landfills. Members of the RWRC TAC are representatives from local agencies and/or municipalities operating under the jurisdiction of Santa Clara County, including Palo Alto. In 2013, City Council authorized the City Manager to execute the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee Memorandum of Agreement (Attachment A), to implement the City’s participation in the RWRC TAC. Staff actively participates and collaborates in the RWRC’s Technical Advisory Committee and multiple subcommittee meetings including the following: Implementation Committee, Outreach, Operations, Household Hazardous Waste, SB 1383, and Zero Waste committees.
ANALYSIS
In December 2020, the Santa Clara County Health Officer ordered local businesses and agencies to begin implementing workplace changes in accordance with the rules and regulations of Assembly Bill 361, Amendment to Ralph M. Brown Act (AB 361), in response to the state of emergency caused by the COVID-19 pandemic. The RWRC TAC was instructed to conduct all
meetings virtually and began using the online platform Zoom. In January 2023, the expiration of AB 361 prompted the Santa Clara County Health Officer to lift its previous order and the restrictions placed on local entities during the height of the pandemic. Subsequently, RWRC TAC was instructed to align their meeting procedures with Section 54953(b) from the Ralph M.
Brown Act, which permits the inclusion of teleconference participation (including both audio and camera) based on specific predefined conditions. However, an amendment is needed since the current Memorandum of Agreement contains stringent language prohibiting the use of alternative teleconference methods.
The proposed first amendment (Attachment B) incorporates language in the Memorandum of Agreement permitting teleconference access to members of the RWRC TAC committees, and subcommittees.
FISCAL/RESOURCE IMPACT
There is no fiscal impact associated with the approval of the first amendment to the RWRC TAC MOA. All costs associated with staff’s participation in committee meetings and activities are included in the existing Refuse Fund operating budget.
STAKEHOLDER ENGAGEMENT
Stakeholder engagement included notifying the public at the monthly RWRC meetings, the TAC meetings, the Implementation Committee meetings as well as the various TAC subcommittee meetings. All meeting minutes are posted on the County of Santa Clara Board of Supervisors and Boards and Commission webpage (http://sccgov.iqm2.com/citizens/default.aspx).
ENVIRONMENTAL REVIEW
This action is not a project defined under the California Environmental Quality Act (CEQA).
ATTACHMENTS
Attachment A: Recycling and Waste Reduction Commission Technical Advisory Committee Memorandum of Agreement
Attachment B: Recycling and Waste Reduction Commission First Amendment to MOA APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer