CC Resolution 13048 - First Amendment to Recycling and Waste Reduction Commission (RWRC) RESOLUTION NO. 13048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING A FIRST AMENDMENT TO THE RECYCLING AND WASTE REDUCTION
COMMISSION (RWRC) MEMORANDUM OF AGREEMENT (MOA) FOR ACCESS TO
TELECONFERENCE OPTIONS AS SPECIFIED IN SECTION 549553(B) OF THE
RALPH M. BROWN ACT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION
3.20.100
WHEREAS, in 2013, the City Council authorized the City Manager to execute a
Memorandum of Agreement (MOA) to implement the City's participation in the Recycling
and Waste Reduction Commission (RWRC) and receive assistance with orderly and
systematic compliance of the area-wide provisions of the Solid Waste program; and
WHEREAS, the RWRC's MOA also included language that restricted and discouraged the
use of teleconference (phone) participation based on the inability to confirm member
attendance, identify participants, and document important action items as they occurred
on the record; and
WHEREAS, in December 2020, under the direction of AB 361 and the COVID-19
pandemic, members of RWRC's Commission, Committee, and Subcommittees were
ordered to continue their operations virtually through video and audio teleconference
platforms such as Zoom; and
WHEREAS, the new arrangement was well-received by attendees as demonstrated by
the unprecedented member engagement and improved attendance records; and
WHEREAS, in January 2023, AB 361 had expired and prompted the Santa Clara County
Health Officer to lift its previous order on various workplace restrictions, thereby
withdrawing authorization for the RWRC to conduct meetings virtually via audio and video
teleconferencing platforms; and
WHEREAS, subsequently, RWRC staff was directed to update their meeting procedures
in accordance with Section 54953(b) of the Ralph M. Brown Act, which permitted the
inclusion of teleconference participation (including both audio and camera) based on
specific predefined conditions; and
WHEREAS, however, the RWRC's current MOA contains stringent language prohibiting
the use of alternative teleconference methods—creating a barrier between the RWRC and
its ability to incorporate language permitting the use of teleconference participation; and
WHEREAS, to implement these updated meeting procedures and access to
teleconference options as specified in Section 54953(b) of the Ralph M. Brown Act, staff
is recommending City Council's approval of the First Amendment to the RWRC MOA; and
authorization for the City Manager to execute said agreement as specified in Campbell
Municipal Code Section 3.20.100
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does
' hereby: 1) approve a First Amendment to the Recycling and Waste Reduction Commission
(RWRC) Memorandum of Agreement (MOA) permitting access to teleconference options
as specified in Section 54953(b) of the Ralph M. Brown Act; and 2) authorize the City
Manager to execute said agreement as specified in Campbell Municipal Code Section
3.20.100.
PASSED AND ADOPTED this 19th day of September, 2023, by the following roll call vote:
AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
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Anne Bybee, Mayor
ATTEST:
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Andrea SandersCity Clerk