CC Resolution 12809 - Continuing Existence of a Local EmergencyRESOLUTION NO.12809
A RESOLUTION OF THE CITY 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 documented conditions stated in prior resolutions including but not
limited to the following:
1. On March 11, 2020, the World Health Organization characterized the COVID-19
outbreak as a pandemic.
2. COVID-19 has spread globally and per World Health Organization (WHO) data, as of
October 11, 2021, over 237 million people have contracted the virus worldwide, resulting
in more than 4.8 million deaths. In the United States, over 43.5 million cases have been
confirmed, leading to 703,599 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. Since
that date sixteen additional public health orders have been issued, each updating the type
of allowable activities and risk reduction measures, most recently on August 2, 2021; and
WHEREAS, as required by Government Code 8630(c) the City Council reviewed the need
to continue the local emergency declaration every 60 days until conditions warrant
termination. The local emergency declaration has been extended in calendar year 2020, on
May 5, July 24, September 15, November 2, and December 15; in calendar year 2021, on
February 2, April 6, June 1, August 3, September 21, October 19 and November 16; and in
calendar year 2022, on January 18.
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 January 18, 2022, 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 15th day of March 2022, by the following roll call vote:
AYES: Councilmembers: Gibbons, Lopez, Landry, Bybee, Resnikoff
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Paul Resnikoff, Mayor
ATTEST:
Dusty Christopherson, City Clerk