CC Resolution 12580RESOLUTION NO. 12580
A RESOLUTION OF THE COUNCIL OF THE CITY OF
CAMPBELL SETTING FORTH ENFORCEMENT
PRIORITIES DURING COVID-19 EMERGENCY
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen
within the City, based on the following:
1. Coronavirus Disease 2019 (named "COVID-19") was first detected in Wuhan City,
Hubei Province, China, in December 2019. The Centers for Disease Control and
Prevention (CDC) considers the virus to be a very serious public health threat with
outcomes ranging from mild sickness to severe illness and death. COVID-19 has
spread globally to over 85 countries, infected more than 95,000 people, and killed
more than 3,000 individuals;
2. On January 30, 2020, the World Health Organization declared the COVID-19
outbreak a Public Health Emergency of International Concern;
3. On January 31, 2020, the United States Secretary of Health and Human Services
declared a Public Health Emergency;
4. On January 31, 2020, the first case of COVID-19 was confirmed in the County of
Santa Clara ("County");
5. On February 5, 2020, the County Health Officer determined that there is an imminent
and proximate threat to public health from the introduction of COVID-19 in the County
and issued a Declaration of Local Health Emergency. At the same time, the County
Director of Emergency Services declared the existence of a Local Emergency in the
County.
6. On February 10, 2020, the County Board of Supervisors ratified and extended the
Declaration of a Local Health Emergency and the Proclamation of a Local
Emergency.
7. On February 26, 2020, the third of COVID-19 was confirmed in the County.
8. By March 4, 2020, the number of confirmed cases of COVID-19 had increased to
eleven (11) in the County with confirmed community spread. The California
Department of Health Services reported its first death related to COVID-19, and the
Governor of California declared a state of emergency.
9. By March 5, 2020, the number of confirmed cases of COVID-19 had increased to
twenty (20) in the County, with strong evidence of increasing community spread. The
County expanded its guidance as a result.
10. By March 6, 2020, the number of confirmed cases of COVID-19 had increased to
twenty-four (24) in the County, with strong evidence of increasing community spread.
11. By March 9, 2020, the number of confirmed cases of COVID-19 had increased to
forty-three (43) in the County. On March 9, 2020, the County of Santa Clara Public
Health Department announced the first death from COVID-19 in the County. The
County Health Officer imposed a countywide moratorium on mass gatherings of
1,000 or more persons to mitigate the spread of COVID-19.
12.On March 10, 2020, the County Board of Supervisors again ratified and extended the
Proclamation of a Local Health Emergency.
13.On March 11, 2020, the World Health Organization characterized the COVID-19
outbreak as a pandemic.
14.As of April 27, 2020, there have been approximately 2,084 cases of COVID-19 related
disease in Santa Clara County and approximately 100 COVID-19 related fatalities.
WHEREAS, on March 12, 2020, the Director of Emergency Services issued a
proclamation declaring the existence of a local emergency within the City;
WHEREAS, on March 17, 2020, the City Council adopted a Resolution ratifying the
Director of Emergency Services' proclamation of the existence of a local emergency in
the City;
WHEREAS, on March 31, 2020, the County of Santa Clara Public Health Department
issued an Order, which among other things, identified certain "essential services"
necessary to remain open and available during the COVID-19 Emergency;
WHEREAS, the COVID-19 Emergency has placed an extreme financial burden of the
provision of essential services; and
WHEREAS, it is imperative that essential service are open and available during the
COVID-19 Emergency;
WHEREAS, some flexibility in the operations of essential service providers is necessary
in order to allow them to temporarily alter their business operations so they may provide
such services to the public;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that
during the existence of the declared local emergency, code enforcement officials should
exercise their discretion in a manner that recognizes the need for flexibility by essential
services providers, and gives a low priority to code enforcement efforts against
businesses that meet the following:
A) The businesses have been defined by the County of Santa Clara Public Health
Department as "Essential Businesses" and were established prior to March 16, 20201
B) The Essential Businesses have no code violations that present a serious threat to the
public health or safety, or violations for which enforcement efforts had already been
commenced prior to March 16, 2020;
C) The Essential Businesses are not allowed to conduct activities within the public right-
of-way and such activities must be conducted on private property for which the Essential
Business is located;
D) The Essential Businesses may only sell products or goods of the type that were
regularly utilized by the business prior to March 16, 2020; and that such items consume
no more than 50% of the businesses goods and services and that said products remain
consistent with the County of Santa Clara Public Health Department definitions of
"essential' services.
PASSED AND ADOPTED this 30th day of April, 2020, by the following roll call vote:
AYES: Councilmembers: Waterman, Bybee, Resnikoff, Gibbons, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED
Susan 01,_Vand Mayor
ATTEST:
t4ka"
A rea S ders, Deputy City Clerk