CC Resolution 12582RESOLUTION NO. 12582
A RESOLUTION OF THE COUNCIL OF THE CITY OF
CAMPBELL CONTINUING THE PROCLAMATION OF
EXISTENCE OF A LOCAL EMERGENCY DUE TO COVID-19
WHEREAS, Campbell Municipal Code Section 2.28.060 empowers the City Manager or
designee, as the Director of Emergency Services to issue a proclamation to proclaim the
existence or threatened existence of a local emergency if the City Council is not in session,
and requires that the City Council shall take action to ratify the proclamation within seven
(7) days thereafter, or the proclamation shall have no further force or effect; and
WHEREAS, pursuant to California Government Code Section 8680.9, a local emergency is
a condition of extreme peril to persons or property proclaimed as such by the governing
body of the local agency affected by a natural or manmade disaster; and
WHEREAS, the purpose of a local emergency proclamation is to provide extraordinary
police powers, immunity for emergency actions, authorize issuance of orders and
regulations, and activate pre -established emergency provisions; and
WHEREAS, a local emergency proclamation is a prerequisite for requesting state or federal
assistance; and
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
and infected an estimated 3.02 million people, and killed more than 207,000 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").
World Health Organization Coronavirus disease 2019 (COVID-19) Situation Report — 100
https://www.who. int/docs/default-source/coronaviruse/situation-reports/20200429-sitrep-100-covid-
19. pdf?sfvrsn=bbfbf3d 1 2
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 case 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, a 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.
WHEREAS, the City Council does hereby find that the above described conditions of
extreme peril did warrant and necessitate the proclamation of the existence of a local
emergency in the City; and
WHEREAS, California Government Code, Title 2, Division 1, Chapter 7.5 - California
Disaster Assistance Act (CDAA) allows that with the Proclamation of a Local Emergency the
City may seek financial assistance and may request reimbursement of the significant
expenses incurred during response, if approved by the Director of the California Office of
Emergency Services or Concurrence or Governor's Proclamation; and
WHEREAS, on March 12, 2020, the Director of Emergency Services issued a proclamation
declaring the existence of a local emergency within the City, at which time the City Council
was not in session; and
WHEREAS, on March 17, 2020, the City Council ratified and confirmed the proclamation
declaring the existence of a local emergency within the City issued on March 12, 2020; and
WHEREAS, on March 17, 2020 the first public health order issued by the Santa Clara
County Public Health Officer went into effect, requiring the sheltering in place of all residents
in the County, and only allowing a defined set of essential activities and businesses to
operate until April 7, 2020; and
WHEREAS, on March 31, 2020, a second public health order was issued by the Santa Clara
County Public Health Officer extending the shelter in place orders and further limiting the
definition of essential activities until May 3, 2020; and
WHEREAS, on April 29, 2020, a third public health order was issued by the Santa Clara
County Public Health Officer extending the sheltering in place until May 31, 2020 and
expanding the definition of permitted activities and essential businesses as the County and
State prepare for a phased approach towards removing limitations set by the public health
orders; and
WHEREAS, the associated emergency conditions are on -going, and the emergency should
not be terminated at this time;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that:
1. The City Council has reviewed the need for continuing the declaration of local
emergency ratified and confirmed on March 17, 2020 and finds based on
substantial evidence that the public interest and necessity require the continuance
of the proclamation of local emergency related to COVID-19.
2. Said local emergency shall be deemed to continue to exist until terminated by the
City Council of the City of Campbell.
3. The Director of the Office of Emergency Services is hereby directed to report to
the City Council within sixty (60) days on the need for further continuing the local
emergency.
PASSED AND ADOPTED this 5th day of May 2020, by the following roll call vote:
AYES:
Councilmembers: Waterman, Bybee, Resnikoff, Gibbons, Landry
NOES:
Councilmembers: None
ABSENT:
Councilmembers: None
APPROVED:
Susan M L dryMayor
ATTEST:
Andrea Vders, Deputy City Clerk