04-22-20 Searchable PacketCITY OF CUPERTINO
CITY COUNCIL
AGENDA
This will be a teleconference meeting without a physical location.
Wednesday, April 22, 2020
6:45 PM
Televised Special Meeting
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a
teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube
and www.Cupertino.org/webcast
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 5:00 p.m. on Wednesday, April 22 to the Council at
citycouncil@cupertino.org. These e-mail comments will also be forwarded to
Councilmembers by the City Clerk’s office before the meeting and posted to the City’s
website after the meeting.
2) E-mail comments during the times for public comment during the meeting to the City
Clerk at cityclerk@cupertino.org. The City Clerk will read the emails into the record, and
display any attachments on the screen, for up to 3 minutes (subject to the Mayor’s
discretion to shorten time for public comments). Members of the public that wish to share a
document must email cityclerk@cupertino.org prior to speaking.
3) Teleconferencing Instructions
Members of the public may provide oral public comments during the teleconference
meeting as follows:
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City Council Agenda April 22, 2020
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item.
To address the City Council, click on the link below to register in advance and access the
meeting:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_R0f0EuBIRxWbiTWYF64M7A
Phone
Dial: (888) 788 0099 and enter Webinar ID: 923-4384-7870 (Type *9 to raise hand to speak)
Unregistered participants will be called on by the last four digits of their phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 923 4384 7870
SIP: 92343847870@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Mayor calls for the item on which you wish to speak, click on “raise hand.”
Speakers will be notified shortly before they are called to speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
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City Council Agenda April 22, 2020
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
attend this teleconference City Council meeting who is visually or hearing impaired or has
any disability that needs special assistance should call the City Clerk's Office at
408-777-3223, at least 48 hours in advance of the Council meeting to arrange for assistance.
In addition, upon request, in advance, by a person with a disability, City Council meeting
agendas and writings distributed for the meeting that are public records will be made
available in the appropriate alternative format.
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby
called for Wednesday, April 22, 2020, commencing at 6:45 p.m. In accordance with Governor
Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a
physical location. Said special meeting shall be for the purpose of conducting business on
the subject matters listed below under the heading, “Special Meeting."
SPECIAL MEETING
ROLL CALL
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within
the jurisdiction of the Council and not on the agenda. The total time for Oral Communications will
ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the
Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to
the end of the meeting on a first come first heard basis, with priority given to students. In most cases,
State law will prohibit the Council from discussing or making any decisions with respect to a matter
not listed on the agenda.
ORDINANCES AND ACTION ITEMS
1.Subject: Potential emergency order requiring face coverings for the public to slow the
spread of COVID-19
Recommended Action: Confirm a proposed emergency order requiring face coverings
for the public to slow the spread of COVID-19 and provide any input.
Staff Report
A - San Mateo County Face Covering Order
ADJOURNMENT
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
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City Council Agenda April 22, 2020
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/cityclerk for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference City Council meeting who is visually or hearing impaired or has any disability that needs
special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of
the Council meeting to arrange for assistance. In addition, upon request, in advance, by a person with a
disability, City Council meeting agendas and writings distributed for the meeting that are public
records will be made available in the appropriate alternative format.
Any writings or documents provided to a majority of the Cupertino City Council after publication of
the packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
10300 Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100
written communications sent to the Cupertino City Council, Commissioners or City staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City’s website and kept in packet archives. You
are hereby admonished not to include any personal or private information in written communications to
the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights
you may have on the information provided to the City.
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CITY OF CUPERTINO
Legislation Text
Subject:Potential emergency order requiring face coverings for the public to slow the spread of COVID-19
Confirm a proposed emergency order requiring face coverings for the public to slow the spread of COVID-19
and provide any input.
File #:20-7340,Version:1
CITY OF CUPERTINO Printed on 4/21/2020Page 1 of 1
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ORDER OF THE HEALTH OFFICER No. c19-8
ORDER OF THE HEALTH OFFICER
OF THE COUNTY OF SAN MATEO
GENERALLY REQUIRING MEMBERS OF THE PUBLIC AND WORKERS TO
WEAR FACE COVERINGS
(PUBLIC HEALTH EMERGENCY ORDER)
DATE OF ORDER: April 17, 2020
Please read this Order carefully. Violation of or failure to comply with this Order is a
misdemeanor punishable by fine, imprisonment, or both. (California Health and Safety Code §
120295, et seq.; Cal. Penal Code §§ 69, 148(a)(1))
UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040,
101085, 120175, AND 120220, THE HEALTH OFFICER OF THE COUNTY OF SAN MATEO
(“HEALTH OFFICER”) ORDERS:
1.This Order will take effect at 11:59 p.m. on April 17, 2020 and will continue to be in effect until it is
extended, rescinded, superseded, or amended in writing by the Health Officer. But this Order will
not be enforced until 8:00 a.m. on April 22, 2020. Any capitalized terms in this Order that are
defined in Health Officer Order No. c19-5b are automatically updated to incorporate revisions to that
order without a need to update this Order.
2. As used in this Order, a “Face Covering” means a covering made of cloth, fabric, or other soft or
permeable material, without holes, that covers only the nose and mouth and surrounding areas of the
lower face. A covering that hides or obscures the wearer’s eyes or forehead is not a Face Covering.
Examples of Face Coverings include a scarf or bandana; a neck gaiter; a homemade covering made
from a t-shirt, sweatshirt, or towel, held on with rubber bands or otherwise; or a mask, which need
not be medical-grade. A Face Covering may be factory-made or may be handmade and improvised
from ordinary household materials. The Face Covering should be comfortable, so that the wearer
can breathe comfortably through the nose and does not have to adjust it frequently, so as to avoid
touching the face. For as long as medical grade masks such as N95 masks and surgical masks are in
short supply, members of the public should not purchase those masks as Face Coverings under this
Order; those medical grade masks should be reserved for health care providers and first responders.
In general, even when not required by this Order, people are strongly encouraged to wear Face
Coverings when in public. Also, for Face Coverings that are not disposed of after each use, people
should clean them frequently and have extra ones available so that they have a clean one available
for use.
Note that any mask that incorporates a one-way valve (typically a raised plastic
cylinder about the size of a quarter on the front or side of the mask) that is
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designed to facilitate easy exhaling is not a Face Covering under this Order and is not to be used to
comply with this Order’s requirements. Valves of that type permit droplet release from the mask,
putting others nearby at risk.
A video showing how to make a face covering and additional information about how to wear and
clean Face Coverings may be found at the website of Centers for Disease Control and Prevention, at
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html.
3. All members of the public, except as specifically exempted below, must wear a Face Covering
outside their home or other place they reside in the following situations:
a. When they are inside of, or in line to enter, any Essential Business (as that term is defined in
Section 13.f of the Health Officer’s Order No. c19-5b, dated March 31, 2020 (“Order No. c19-
5b”)), including, but not limited to, grocery stores, convenience stores, supermarkets,
laundromats, and restaurants;
b. When they are inside or at any location or facility engaging in Minimum Basic Operations or
seeking or receiving Essential Government Functions (as defined in Sections 13.g and 13.d,
respectively, of Order No. c19-5b);
c. When they are engaged in Essential Infrastructure work (as defined in Section 13.c of Order No.
c19-5b);
d. When they are obtaining services at Healthcare Operations (as defined by in Section 13.b of
Order No. c19-5b)—including hospitals, clinics, COVID-19 testing locations, dentists,
pharmacies, blood banks and blood drives, other healthcare facilities, mental health providers, or
facilities providing veterinary care and similar healthcare services for animals—unless directed
otherwise by an employee or worker at the Healthcare Operation; or
e. When they are waiting for or riding on public transportation (including without limitation any
bus, BART or CalTrain) or paratransit or are in a taxi, private car service, or ride-sharing vehicle.
4. Each driver or operator of any public transportation or paratransit vehicle, taxi, or private car service
or ride-sharing vehicle must wear a Face Covering while driving or operating such vehicle,
regardless of whether a member of the public is in the vehicle, due to the need to reduce the spread
of respiratory droplets in the vehicle at all times.
5. All Essential Businesses, as well as entities and organizations with workers engaged in Essential
Infrastructure work, Minimum Basic Operations, or Essential Government Functions (except for
Healthcare Operations, which are subject to their own regulation regarding specified face coverings),
must:
a. Require their employees, contractors, owners, and volunteers to wear a Face Covering at the
workplace and when performing work off-site any time the employee, contractor, owner, or
volunteer is:
i. interacting in person with any member of the public;
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ii.working in any space visited by members of the public, such as by way of example and
without limitation, reception areas, grocery store or pharmacy aisles, service counters,
public restrooms, cashier and checkout areas, waiting rooms, service areas, and other
spaces used to interact with the public, regardless of whether anyone from the public is
present at the time;
iii.working in any space where food is prepared or packaged for sale or distribution to others;
iv. working in or walking through common areas such as hallways, stairways, elevators, and
parking facilities; or
v. in any room or enclosed area when other people (except for members of the person’s own
household or residence) are present.
For clarity, a Face Covering is not required when a person is in a personal office (a single room)
when others outside of that person’s household are not present as long as the public does not
regularly visit the room. By way of example and without limitation, a construction worker,
plumber, bank manager, accountant, or bike repair person is not required to wear a Face
Covering if that individual is alone and in a space not regularly visited by the public, but that
individual must put on a Face Covering when coworkers are nearby, when being visited by a
client/customer, and anywhere members of the public or other coworkers are regularly present.
b. Take reasonable measures, such as posting signs, to remind their customers and the public of therequirement that they wear a Face Covering while inside of or waiting in line to enter thebusiness, facility, or location. Essential Businesses and entities or organizations that engaged inEssential Infrastructure work or Minimum Basic Operations must take all reasonable steps toprohibit any member of the public who is not wearing a Face Covering from entering and mustnot serve that person if those efforts are unsuccessful and seek to remove that person.
A sample sign to be used for notifying customers can be found at the Public Health website, athttps://www.smchealth.org.
6. Any child aged two years or less must not wear a Face Covering because of the risk of suffocation.
This Order does not require that any child aged twelve years or less wear a Face Covering. Parents
and caregivers must supervise use of Face Coverings by children to avoid misuse.
7. Wearing a Face Covering is recommended but not required while engaged in outdoor recreation such
as walking, hiking, bicycling, or running. But each person engaged in such activity must comply
with social distancing requirements including maintaining at least six feet of separation from all
other people to the greatest extent possible. Additionally, it is recommended that each person
engaged in such activity bring a Face Covering and wear that Face Covering in circumstances where
it is difficult to maintain compliance with Social Distancing Requirements (as defined in
Section 13.k of Order No. c19-5b), and that they carry the Face Covering in a readily accessible
location, such as around the person’s neck or in a pocket, for such use. Because running or bicycling
causes people to more forcefully expel airborne particles, making the usual minimum 6 feet distance
less adequate, runners and cyclists must take steps to avoid exposing others to those particles, which
include the following measures: wearing a Face Covering when possible; crossing the street when
running to avoid sidewalks with pedestrians; slowing down and moving to the side when unable to
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leave the sidewalk and nearing other people; never spitting; and avoiding running or cycling directly
in front of or behind another runner or cyclist who is not in the same household.
8. This Order does not require any person to wear a Face Covering while driving alone, or exclusively
with other members of the same family or household, in a motor vehicle.
9. A Face Covering is also not required by this Order to be worn by a particular individual if the person
can show either: (1) a medical professional has advised that wearing a Face Covering may pose a
risk to the person wearing the mask for health-related reasons; or (2) wearing a Face Covering would
create a risk to the person related to their work as determined by local, state, or federal regulators or
workplace safety guidelines. A Face Covering should also not be used by anyone who has trouble
breathing or is unconscious, incapacitated, or otherwise unable to remove the Face Covering without
assistance.
10. The intent of this Order is to ensure that all people who are visiting or working at Essential
Businesses and all people who are seeking care at healthcare facilities or engaged in certain types of
public transit or transportation with others wear a Face Covering to reduce the likelihood that they
may transmit or receive the COVID-19 virus. The intent of this Order is also to ensure that people
who work for or seek services from entities engaged in Essential Infrastructure work, Minimum
Basic Operations, or Essential Government Functions also wear a Face Covering when they are in
close proximity to others. In so doing, this Order will help reduce the spread of the COVID-19 virus
and mitigate the impact of the virus on members of the public and on the delivery of critical
healthcare services to those in need. All provisions of this Order must be interpreted to effectuate
this intent.
11. This Order is issued based on evidence of increasing occurrence of COVID-19 within the County,
the Bay Area, and the United States of America, scientific evidence and best practices regarding the
most effective approaches to slow the transmission of communicable diseases generally and
COVID-19 specifically. Due to the outbreak of the COVID-19 virus in the general public, which is
now a pandemic according to the World Health Organization, there is a public health emergency
throughout the County. With the virus that causes COVID-19, people can be infected and
contagious and not have any symptoms, meaning they are asymptomatic. People can also be
infected and contagious 48 hours before developing symptoms, the time when they are pre-
symptomatic. Many people with the COVID-19 virus have mild symptoms and do not recognize
they are infected and contagious, and they can unintentionally infect others. Therefore, the CDC,
CDPH, and SMCPH now believe that wearing a face covering, when combined with physical
distancing of at least 6 feet and frequent hand washing, may reduce the risk of transmitting
coronavirus when in public and engaged in essential activities. And because it is not always possible
to maintain at least 6 feet of distance, members of the public and workers are required to wear face
coverings while engaged in most essential activities and other activities when others are nearby. For
clarity, although wearing a face covering is one tool for reducing the spread of the virus, doing so is
not a substitute for sheltering in place, physical distancing of at least 6 feet, and frequent hand
washing.
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12. This Order is also issued in light of the existence, as of April 17, 2020, of 797 confirmed cases of
infection by the COVID-19 virus in the County, including a significant and increasing number of
suspected cases of community transmission. This Order is necessary to slow the rate of spread, and
the Health Officer will continue to assess the quickly evolving situation and may modify this Order,
or issue additional Orders, related to COVID-19, as changing circumstances dictate.
13. This Order is also issued in accordance with, and incorporates by reference, the March 31, 2020
Shelter in Place Order No. c19-5b issued by the Health Officer, the March 4, 2020 Proclamation of a
State of Emergency issued by Governor Gavin Newsom, the March 12, 2020 Executive Order
(Executive Order N-25-20) issued by Governor Newsom, the March 3, 2020 Proclamation by the
Director of Emergency Services Declaring the Existence of a Local Emergency in the County, the
March 3, 2020 Declaration of Local Health Emergency Regarding Novel Coronavirus 2019
(COVID-19) issued by the Health Officer, the March 10, 2020 Resolution of the Board of
Supervisors of the County of San Mateo Ratifying and Extending the Declaration of a Local Health
Emergency, and guidance issued by the CDPH and CDC, as each of them have been and may be
supplemented.
14. Failure to comply with any of the provisions of this Order constitutes an imminent threat and
immediate menace to public health, constitutes a public nuisance, and is punishable by fine,
imprisonment, or both.
15. The County must promptly provide copies of this Order as follows: (1) by posting on the County’s
website (smcgov.org) and the Department of Public Health website (smchealth.org); (2) by posting
at the San Mateo County Hall of Justice, located at 400 County Center, Redwood City, CA 94063;
and (3) by providing to any member of the public requesting a copy.
16. If any provision of this Order or its application to any person or circumstance is held to be invalid,
then the remainder of the Order, including the application of such part or provision to other people or
circumstances, shall not be affected and shall continue in full force and effect. To this end, the
provisions of this Order are severable.
IT IS SO ORDERED:
/signed/
Scott Morrow, MD, MPH, April 17, 2020
Health Officer of the
County of San Mateo
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