CC Resolution No. 21-090 authorizing remote teleconference meetings for the period October 5, 2021 through November 4, 2021RESOLUTION NO. 21-090
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF CUPERTINO FOR THE PERIOD
OCTOBER 5, 2021 THROUGH NOVEMBER 4, 2021 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 public, 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 exclusively 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 a
legislative body to 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, such conditions now exist in the City, 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, concerrung the
COVID-19 pandemic; and
Resolution No. 21-090
Page2
WHEREAS, the County of Santa Clara Health Officer issued an updated
order dated June 21, 2021 recommending that government entities limit indoor
activities to protect participants, particularly those who are not fully vaccinated;
and
WHEREAS, the California Department of Industrial Relations has issued
Revised Emergency Temporary Standards, effective June 17, 2021, that require or
recommend social distancing in the workplace in certain circumstances; and
WHEREAS, the Health Officer Order, the Revised Emergency Temporary
Standards, and evidence documenting the transmission of COVID-19 in indoor
spaces establishes that indoor meetings of the City's legislative bodies would
present an imminent health and safety risk to attendees, particularly those who
are not vaccinated against the SARS-CoV-2 virus; and
WHEREAS, based on the above findings, the Cupertino City Council
hereby determines 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
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;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino does hereby:
Section 1. Remote Teleconference Meetings. The City Manager and
legislative bodies of the City of Cupertino are hereby authorized and directed 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.
Resolution No. 21 -090
Page 3
Section 2. Effective Date of Resolution. This Resolution shall take effect
immediately upon its adoption and shall be effective through November 4, 2021,
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 5th day of October 2021, by the following vote:
Vote Members of the City Council
AYES: Paul, Chao, Moore, Wei, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
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Date
City of Cupertino
ATTEST:
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Kirsten Squarcia, City Clerk Date