Resolution No. 6880 130
RESOLUTION NO. 6880
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF
THE CYPRESS RECREATION AND PARK DISTRICT, AUTHORIZING
REMOTE TELECONFERENCE ACCESSIBILITY FOR CONDUCTING
PUBLIC MEETINGS PURSUANT TO BROWN ACT PROVISIONS FOR
THE MARCH 8, 2022 SPECIAL CITY COUNCIL MEETING.
WHEREAS, the Cypress City Council is committed to preserving and nurturing
public access and participation in meetings of the City Council; and
WHEREAS, all meetings of the Cypress City Council are open and public, as
required by the Ralph M. Brown Act(Cal. Gov. Code 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 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, it is further required that state or local officials have imposed or
recommended measures to promote social distancing, or, the legislative body meeting in
person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City, specifically, on March 4, 2020,
the Governor of California proclaimed a State of Emergency to exist in California as a
result of the threat of novel coronavirus disease 2019 (COVID-19); and
WHEREAS, on March 23, 2020, the City Council adopted Resolution No. 6774,
ratifying a proclamation of the existence of a local emergency by the Director of
Emergency Services; and
WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body
shall hold a meeting during a proclaimed state of emergency for the purpose of
determining, by majority vote, whether as a result of the emergency, meeting in person
would present imminent risks to the health and safety of attendees. The City Council
must make these findings no later than 30 days after the first teleconferenced meeting is
held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also
make these findings every 30 days thereafter, in order to continue to allow teleconference
accessibility for conducing public meetings.
NOW, THEREFORE, the City Council of the City of Cypress, and acting as ex-
officio governing Board of Directors of the Cypress Recreation and Park District DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The Recitals set forth above are true and correct and are incorporated into
this Resolution by this reference.
Section 2. The City Council hereby declares that a state of emergency as a result of
the threat of COVID-19 still exists and continues to impact the ability of members of the
public, the City Council, City Boards, Commissions, and Committees, City staff and
consultants to meet safely in person.
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Section 3. The State of California and the City of Cypress continue to follow safety
measures in response to COVID-19 as ordered or recommended by the Centers for
Disease Control and Prevention (CDC), California Department of Public Health (DPH),
and/or County of Orange, as applicable, including facial coverings when required and
social distancing.
Section 4. The City Council hereby declares that, pursuant to the findings listed in this
Resolution, the City Manager is authorized to utilize teleconferencing accessibility to
conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government
Code § 54953, as amended thereby.
Section 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Resolution. The City Council hereby declares that it would have
adopted this Resolution and each and every section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
unconstitutional.
Section 6. This Resolution shall take effect immediately upon its adoption and shall be
effective on March 8, 2022. This Resolution shall not extend beyond March 8, 2022 unless
the City Council adopts a subsequent resolution in accordance with Government Code
section 54953(e)(3) to extend the time during which the legislative bodies of the City of
Cypress may continue to teleconference without compliance with paragraph (3) of
subdivision (b) of section 54953.
PASSED AND ADOPTED by the City Council of the City of Cypress, and acting
as ex-officio governing Board of Directors of the Cypress Recr ion nd Park District, at
a special meeting held on the 8th day of March, 202 gog
/ i
AYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CI OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a special meeting of the said City Council held
on the 8th day of March, 2022, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Cl CLERK OF THE CITY OF CYPRESS