CC Resolution No. 22-035 authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period April 5, 2022 through May 5, 2022RESOLUTION N0. 22-035
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS OF THE
[EGISLATIVE BODIES OF THE CITY OF CUPERTINO FOR THE PERIOD APRI[
5, 2022 THROUGH MAY 5, 2022 PURSUANT TO BROWN ACT PROVISIONS
WHEREAS, the City of Cupertino is committed to preserving and nurturing public
access and participation in meetings of the City Council, commissions, and committees;
and
WHEREAS, all meetings of the City of Cupertino's legislative bodies are open and
publig as required by the Ralph M. Brown Act (Government Code sections 54950-54963),
so that any member of the public may attend, participate, and watch the City's legislative
bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions
for remote teleconferencing participation in meetings by members of a legislative body,
without compliance with the requirements of Government Code section 54953(b)(3),
subject to the existence of certain conditions; and
WHEREAS, a required condition for holding meetings exdusively by
teleconference is that a state of emergency is declared by the Governor pursuant to
Government Code section 8625, proclaiming the existence of conditions of disaster or of
extreme peril to the safety of persons and property within the state caused by conditions
as described in Government Code section 8558; and
WHEREAS, Government Code section 54953(e) further requires that in order to
authorize meetings exclusively by teleconference, a legislative body must determine that
state or local officials have imposed or recommended measures to promote social
distancing, or that meeting in person would present imminent risks to the health and
safety of attendees; and
WHEREAS, on October 5, 2021, November 2, 2021, November 30, 2021, December
21, 2021, January 18, 2022, February 15, 2022, and March 15, 2022 the Cupertino City
Council made the findings required under Government Code section 54953(e) and
resolved that the legislative bodies of the City of Cupertino shall conduct their meetings
without compliance with Government Code section 54953(b)(3), as authorized by
Government Code section 54953(e), and that such legislative bodies should comply with
ResolutionNo. 22-035
Page 2
the requirements to provide the public with access to the meetings as prescribed in
section 54953(e)(2); and
WHEREAS, Government Code section 54593(e)(3) provides that to continue to
holding meetings of legislative bodies exclusively by teleconference, the legislative body
must reconsider the circumstances of the state of emergency every 30 days, and find that
either (i) the state of emergency continues to directly impact the ability of the members
to meet safely in person, or (ii) State or local officials continue to impose or recommend
measures to promote social distancing; and
WHEREAS, the City Council has reconsidered the circumstances of the state of
emergency that now exists, specifically defined in the County of Santa Clara
proclamation of a local emergency beginning February 3, 2020, the City of Cupertino
proclamation of a local emergency on March 11, 2020, the Governor of the State of
California proclamation of a state of emergency beginning on March 4, 2020, and the
national emergency declaration in Proclamation 9994 of March 13, 2020, beginning March
1, 2020, concerning the COVID-19 pandemic; and
WHEREAS, the County of Santa Clara Health Officer's Recommendation
Regarding Continued Remote Public Meetings of Governmental Entities dated
September 21, 2021 and the California Department of Industrial Relations Revised
Emergency Temporary Standards, effective January 14, 2022, continue to require or
recommend social distancing in the workplace in certain circumstances; and
WHEREAS, the Health Officer's Recommendations, the Revised Emergency
Temporary Standards, and evidence documenting the transmission of COVID-19 in
indoor spaces establishes that the state of emergency continues to directly impact the
ability of the members to meet safely in person; and
WHEREAS, based on the above findings, the Cupertino City Council hereby
determines that the legislative bodies of the City of Cupertino shall continue to conduct
their meetings without compliance with Government Code section 54953(b)(3), as
authorized by Government Code section 54953 €, and that such legislative bodies shall
comply with the requirements to provide the public with access to the meetings as
prescribed in section 54953(e)(2); and
WHEREAS, the City has and will continue to provide access for the public to
legislative meetings and procedures through video teleconference technologies.
Resolution No. 22-035
Page 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino, as follows:
1. Remote Teleconference Meetings. The City Manager and legislative bodies
of the City of Cupertino are hereby authorized and directed to meet
exclusively by teleconference and to take all actions necessary to carry out
the intent and purpose of this Resolution, including conducting open and
public meetings in accordance with Government Code section 54953(e) and
other applicable provisions of the Brown Act.
2. Effective Date of Resolution. This Resolution shall take effect immediately
upon its adoption and shall be effective through May 5, 2022, or such time
as the City Council adopts a subsequent resolution in accordance with
Government Code section 54953(e)(3) to extend the time during which the
City Council of the City of Cupertino may continue to teleconference
without compliance with Government Code section 54953(b)(3).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 5" day of April 2022, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABST AIN:
Members of the City Council
Paul, Chao, Moore, Wei, Willey
None
None
None
SIGNED:
,'2 Vy/-z6 z-z__
DC(iatyrcyofPCauupl L'ayor Date
ATTEST:
Kirsten Squarcia, City Clerk Date
4/12/22