CC Resolution No. 21-126 authorizing continued remote teleconference meetings of the legislative bodies of the City of Cupertino for the period December 21, 2021 through January 20, 2022 pursuant to the Brown ActRESOLUTION N0. 21-126
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITY OF CUPERTINO FOR THE PERIOD
DECEMBER 21, 2021 THROUGH JANUARY 20, 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 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 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, and November 30, 2021, 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 Governrnerit Code section 54953(e), and that such legislative bodies should
Resolution No. 21-126
Page 2
comply with 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
I, 2020, concerning the COVID-'J9 pandemic; and
WHEREAS, the County of Santa Clara Health Officer order dated August 2, 2021
and the California Department of Industrial Relations Revised Emergency Temporary
Standards, effective June 17, 2021, continue to 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 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino, as follows:
ResolutionNo. 21-126
Page 3
1. Remote Teleconference Meetings. Tlie 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
tlie intent and purpose of this Resolution, including conducting open aiid
public meetings in accordance witli Government Code section 54953(e) and
otlier applicable provisions of the Brown Act.
2. Effective Date of Resolution. This Resolution shall talce effect immediately
upon its adoption and shall be effective tlirough January 20, 2022, or such
time as the City Council adopts a subsequent resolution in accordance with
Govemment Code section 54953(e%3) to extend the time during wliich the
City Council of tlie 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 tliis 21"' d;)y of December 2021, by tlie following vote:
Vote
AYES:
NOES:
ABSENT:
ABST AIN:
Members of tlie City Council
Paul, Cliao, Moore, Wei, Willey
None
None
None
SIGNED:
(p,_,i/i 7/zazL
( -,
Darcy Pap
City of Cub
Date
ATTEST:
/il_,A-,.zl-,.,,,-=/ / i y- /*
I 4s '7 aa'- 'I / L - / - -
Kirsten Squar-cia, % Clerl<Date