HomeMy WebLinkAbout69-23RESOLUTION 69-23
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FIRST AMENDMENT TO THE SANTA CLARA COUNTY
RECYCLING AND WASTE REDUCTION TECHNICAL ADVISORY
COMMITTEE AGREEMENT
WHEREAS, in 1992 the Santa Clara County Board of Supervisors established the Solid
Waste Commission of Santa Clara County to advise city councils and the Board of
Supervisors on countywide solid waste and recycling issues, and in 2001 revised the name
of the Commission to the "Recycling and Waste Reduction Commission of Santa Clara
County" (Commission); and
WHEREAS, the bylaws of the Commission included establishment of the Recycling and
Waste Reduction Technical Advisory Committee to provide technical advice to the
Commission on solid waste management and policy, to bring together a wide spectrum of
viewpoints and expertise on County -wide solid waste and recycling issues affecting
individual jurisdictions and to assist in development of policies and programs as well as
revisions to the County Solid Waste Management Plan/County Integrated Waste
Management Plan; and
WHEREAS, On June 4, 2013, the Agreement Creating the Santa Clara County Recycling
and Waste Reduction Technical Advisory Committee (Agreement), was executed; and
WHEREAS, the Agreement established and replaced the Recycling and Waste Reduction
Technical Advisory Committee with the Santa Clara Recycling and Waste Reduction
Technical Advisory Committee (TAC); and
WHEREAS, The Agreement outlined the purposes of the TAC to, among other things,
provide technical advice on solid waste management, bring together a wide spectrum of
viewpoints and expertise on countywide solid waste and recycling issues, and to assist in
the development of policies for countywide plans.
WHEREAS, the Town now desires to approve the First Amendment to the Agreement
Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory
Committee (Amendment), 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; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the
approval of the Amendment, like the Agreement, is categorically exempt pursuant to CEQA
Guideline section 15378.
Resolution 69-23 Page 1
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby
resolve as follows:
1. Approve Amendment, attached hereto and incorporated herein, as Exhibit A.
2. Authorize the City Manager to execute the Amendment, subject to any minor
modifications that are approved as to form by the City Attorney that do not substantially
increase the City's obligations hereunder.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a regular meeting held on the 15th day of June 2023 by the following vote:
AYES: Swan, Mok, Schmidt, Tankha, Tyson
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
0_a�el(�
eborah L. Padovan, City Clerk
BY:
Resolution 69-23
Linda G. Swan, Mayor
Page 2
EXHIBIT A
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 State 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
Resolution 69-23 Page 3
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 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
Resolution 69-23 Page 4
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.
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
Resolution 69-23 Page 5
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]
Resolution 69-23 Page 6
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
Date:
By:
Name:
Approved as to Form:
Date:
By:
Name:
President, Board of Supervisors Deputy County Counsel
CITY OF CAMPBELL, a municipal corporation of the State of California
Date:
By:
Name:
Approved as to Form:
Date:
By:
Name:
City Administrator/Manager City Attorney
CITY OF CUPERTINO, a municipal corporation of the State of California
Date:
By:
Name:
Approved as to Form:
Date:
By:
Name:
City Administrator/Manager City Attorney
CITY OF GILROY, a municipal corporation of the State of California
Date:
By:
Name:
Approved as to Form:
Date:
By:
Name:
City Administrator/Manager City Attorney
CITY OF LOS ALTOS, a municipal corporation of the State of California
Date:
By:
Name:
Approved as to Form:
Date:
By:
Name:
Resolution 69-23 Page 7
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:
Lrty Aammistrator/tvianager
Town Attorney
TOWN OF LOS GATOS, a municipal corporation of the State of California
Date:
By:
Name:
Approved as to Form:
Date:
By:
Name:
City Administrator/Manager Town Attorney
CITY OF MILPITAS, a municipal corporation of the State of California
Date:
By:
Name:
Approved as to Form:
Date:
By:
Name:
City Administrator/Manager City Attorney
CITY OF MONTE SERENO, a municipal corporation of the State of California
Date:
By:
Name:
Approved as to Form:
Date:
By:
Name:
City Administrator/Manager City Attorney
CITY OF MORGAN HILL, a municipal corporation of the State of California
Date:
By:
Name:
Approved as to Form:
Date:
By:
Name:
Resolution 69-23 Page 8
City Administrator/Manager City Attorney
CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California
Date:
By:
Name:
Approved as to Form:
Date:
By:
Name:
City Administrator/Manager City Attorney
CITY OF PALO ALTO, a municipal corporation of the State of California
Date:
By:
Name:
Lity Aammistrator/manager
Approved as to Form:
Date:
By:
Name:
City Attorney
CITY OF SAN JOSE, a municipal corporation of the State of California
Date:
By:
Name:
t-ny Aamm> siratovivianager
Approved as to Form:
Date:
By:
Name:
City Attorney
CITY OF SANTA CLARA, a chartered municipal corporation of the State of California
Date:
By:
Name:
Approved as to Form:
Date:
By:
Name:
City Administrator/Manager City Attorney
CITY OF SARATOGA, a municipal corporation of the State of California
Approved as to Form:
Resolution 69-23 Page 9
M.
Date:
Name:
Date:
LON
Name:
City Administrator/Manager City Attorney
CITY OF SUNNYVALE, a municipal corporation of the State of California
Date:
By:
Name:
5434228.2
Approved as to Form:
Date:
W.
Name:
City Administrator/Manager City Attorney
Resolution 69-23 Page 10