RESOLUTION NO. 22-151
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 20, 2022THROUGH JANUARY 19, 2023PURSUANT TO BROWN ACT
PROVISIONS
WHEREAS, the City of Cupertino is committed to preserving and nurturing public accessand 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, asrequired by the Ralph M. Brown Act (Government Code sections54950–54963), 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 section54953(e), makesprovisions 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 existenceof 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 existenceof conditions of disaster or of extreme peril to the safety of persons and property within the statecausedby conditions asdescribed 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, March 15, 2022, April 5, 2022, May 3, 2022, May 19, 2022, June7, 2022, July 7, 2022, July 19, 2022, August 16, 2022, September6, 2022, October 4, 2022, November 1, 2022, November 15, 2022, December5, 2022the 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 Resolution No. 22-151
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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 the requirements to provide the public with accessto 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 circumstancesof the stateof emergency every 30days, 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) Stateor local officials continue to impose or recommend measuresto 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 emergencydeclaration in Proclamation 9994of March 13, 2020, beginning March 1, 2020, concerning the COVID- 19pandemic; 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 May 6, 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 spacesestablishesthat 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(e), and that such legislative bodies shall comply with the requirements to provide the public with accessto the meetings as prescribed in section 54953(e)(2); and
WHEREAS, the City has and will continue to provide accessfor the public to legislative meetings and procedures through video teleconferencetechnologies.
Resolution No. 22-151
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino, asfollows:
1. Remote TeleconferenceMeetings. The City Manager and legislative bodies of the City of Cupertino are hereby authorized and directed to meet exclusively by teleconferenceand to take all actions necessaryto carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordancewith Government Code section54953(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 January 19, 2023, or such time asthe City Council adopts a subsequentresolution in accordancewith 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 20th day of December2022, by the following vote:
Members of the City Council
AYES: Wei, Mohan, Chao, Fruen, Moore
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Hung Wei, Mayor
City of Cupertino
Date
ATTEST:
Kirsten Squarcia, City Clerk Date
1/4/2023
1/9/23