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CC Resolution 12718 RESOLUTION NO. 12718 A RESOLUTION OF THE COUNCIL OF THE CITY OF CAMPBELL CONTINUING THE PROCLAMATION OF THE 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. 2. On January 31, 2020, the United States Secretary of Health and Human Services declared a Public Health Emergency. 3. 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. 4. 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. 5. On March 4, 2020, the California Department of Health Services reported its first death related to COVID-19, and the Governor of California declared a state of emergency. 6. On March 11, 2020, the World Health Organization characterized the COVID-19 outbreak as a pandemic. 7. COVID-19 has spread globally and per World Health Organization (WHO) data, as of May 25, 2021, over 167 million people have contracted the virus worldwide, resulting in more than 3.4 million deaths. In the United States, over 32.7 million cases have been confirmed, leading to 584,700 deaths. 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 but was ratified and confirmed by the City Council on March 17, 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; and WHEREAS, since that date, fourteen additional public health orders have been issued, most recently on May 18, 2021 , each updating the type of allowable activities and mandating risk reduction measures to slow the spread of the virus; and WHEREAS, on May 18, 2021, Santa Clara County was placed in Tier 4 (Yellow) of the "Blueprint for a Safer Economy"; and WHEREAS, the associated emergency conditions are ongoing, 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 June 1, 2021 and finds based on substantial evidence that the public interest and necessity require the reinstatement and 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 1st day of June 2021, by the following roll call vote: AYES: Councilmembers: Bybee, Landry, Lopez, Resnikoff, Gibbons NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: &5Apti// li beth "Liz" ons, Mayor ATTEST: Dusty Christopherson, City Clerk