CC Resolution No. 20-028 Ratifying the Director of Emergency Services Proclamation on March 11 2020 of the Existence of a Local EmergencyRESOLUTION NO. 20-028
A RESOLUTION OF THE CUPERTINO CITY COUNCIL RATIFYING AND
CONTINUING THE PROCLAMATION OF EXISTENCE OF A LOCAL
EMERGENCY ISSUED BY THE DIRECTOR OF EMERGENCY SERVICES
WHEREAS, the Emergency Services Act, Government Code section 8630, and
section 2.40.060 of the Cupertino Municipal Code empower the Director of
Emergency Services (City Manager or Designee) to proclaim the existence or
threatened existence of a local emergency if the Council of the City of Cupertino
(“City”) is not in session, and require 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 Sections 8680.9 and 8558(c),
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. A novel coronavirus (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 30, 2020, the World Health Organization declared the COVID-
19 outbreak a Public Health Emergency of International Concern. On
January 31, 2020, the United States Secretary of Health and Human Services
declared a Public Health Emergency.
Resolution No. 20-028
Page 2
3. On January 31, 2020, the first case of COVID-19 was confirmed in the
County of Santa Clara ("County").
4. On February 3, 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. On March 10, 2020, the County Board of Supervisors again ratified and
extended the Proclamation of a Local Health Emergency.
Resolution No. 20-028
Page 3
11. On March 11, 2020, the World Health Organization characterized the
COVID-19 outbreak as a pandemic.1
12. By March 12, 2020, the number of confirmed cases of COVID-19 had
increased to seventy-nine (79) in the County.
13. On March 13, 2020, President of the United States Donald Trump
proclaimed that the COVID-19 outbreak in the United States constitutes a
national emergency, beginning March 1, 2020. In addition, the County
Health Officer imposed a countywide moratorium on gatherings of more
than 100 persons and a conditional moratorium on gatherings of between
34 and 100 persons to mitigate the spread of COVID-19.
14. By March 14, 2020, the number of confirmed cases of COVID-19 had
increased to one-hundred fourteen (114) in the County.
15. As of March 15, 2020, COVID-19 has spread globally to over 140 countries,
infected more than 150,000 people, and killed more than 5,000 individuals.2
16. On March 16, 2020 seven Bay Area Public Health Officers, including the
Officer for Santa Clara County, issued a regionwide order directing all
individuals living in the County to shelter at their place of residence, with
certain exceptions.
17. The efforts required to prepare for, respond to, mitigate, and recover from
the emergency conditions caused by COVID-19 have imposed or will
impose extraordinary requirements and expenses on the City; and
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 on March 11, 2020 and establish that the emergency
conditions are ongoing; and
1 World Health Organization Coronavirus disease 2019 (COVID-19)
Situation Report – 51
https://www.who.int/docs/default-source/coronaviruse/situation-reports/20200311-sitrep-51-covid-19.pdf?sfvrsn=1ba62e57_4
2 World Health Organization Coronavirus disease 2019 (COVID-19)
Situation Report – 55
https://www.who.int/docs/default-source/coronaviruse/situation-reports/20200315-sitrep-55-covid-19.pdf?sfvrsn=33daa5cb_8
Resolution No. 20-028
Page 4
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 11, 2020, the Director of Emergency Services issued a
proclamation declaring the existence of a local emergency within the City; 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 Cupertino
that:
1. The Proclamation of Existence of a Local Emergency, as issued by the
Director of Emergency Services on March 11, 2020, is hereby ratified and
confirmed.
2. The City Council has reviewed the need for continuing the declaration of
local emergency 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.
3. Said local emergency shall be deemed to continue to exist until terminated
by the City Council of the City of Cupertino, and until such time, the City
Council shall review, until the local emergency is terminated, the need for
continuing the local emergency.
4. The Director 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.
5. During the existence of said local emergency, the powers, functions and
duties of the Director of Emergency Services and the emergency
organization of the City shall be those prescribed by state law, by
Resolution No. 20-028
Page 5
Ordinances and Resolutions of the City, and by the City of Cupertino
Emergency Operations Plan.
6. City staff is hereby authorized and directed to take any action that may be
necessary or convenient to assist in obtaining federal, state or regional
disaster/ emergency relief funding.
7. The City Manager or her designee is hereby designated as the authorized
representative of the City of Cupertino for the purpose of receipt,
processing and coordination of all inquiries and requirements necessary to
obtain county, state or federal relief assistance.
8. The Director of Emergency Services or his/her designee shall forward a
copy of this resolution to the Governor, to the California Office of
Emergency Services, to the Santa Clara County Office of Emergency
Management, and to all other appropriate county, state and federal
agencies with an interest therein.
9. City staff is hereby authorized and directed to take any and all actions that
they or the City Attorney may deem necessary or advisable in order to
effectuate the purpose and intent of this Resolution.
10. As provided in Cupertino Municipal Code section 2.40.060 and
Government Code section 8634, the Council hereby reaffirms that the
Director of Emergency Services is authorized to promulgate orders and
regulations necessary to provide for the protection of life and property
during the existence of this local emergency. Such orders and regulations
shall be in writing and shall be given widespread publicity and notice. The
City Council hereby recognizes that it is not practicable to have the City
Council confirm such regulations and orders during a countywide shelter
in place order.
11. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 17th day of March, 2020, by the following vote:
Resolution No. 20-028
Page 6
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
___________________ ________
Steven Scharf, Mayor
City of Cupertino
3/19/2020________________
Date
ATTEST:
___
Kirsten Squarcia, City Clerk
3/19/20________________
Date
WHEREAS,
WHEREAS,
CITY OF
CUPERTINO
Cupertino Municipal Code Section 2.40.060 empowers the City
Manager, as the Director of Emergency Services, to proclaim
(subject to ratification by the City Council within seven days) the
existence or threatened existence of a local emergency when the
City is affected or likely to be affected by public calamity and the
City Council is not in session; and
the Director of the Emergency Services of the City does hereby
find the following:
1. A novel coronavirus (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. On January 31, 2020,
the United States Secretary of Health and Human Services
declared a Public Health Emergency.
3. On January 31, 2020, the first case of COVID-19 was
confirmed in the County of Santa Clara ("County").
4. On February 3, 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.
5. 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 .
6. 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
1. World Health Organization Coronavirus disease 2019 (COVID-19)
Situation Report -45
https://w ww .who .int/docs/d e fauit-source/co rona viru se/situ a ti on-re ports/20200 305-sitre p-45 -co v id-l9.pdf?sfv r s n=e d?ba 78 b 2
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
THEREFORE,
COVID-19 and the Governor of California declared a state
of emergency.
7. 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.
8. 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.
9. 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 .
10. On March 10, 2020 the County Board of Supervisors again
ratified and extended the Proclamation of a Local Health
Emergency.
11. On March 11, 2020 the World Health Organization
characterized the COVID-19 outbreak a pandemic.
The above facts give rise to conditions of extreme peril to the
safety and health of persons within the City.
These conditions are or are likely to be beyond the control of the
services, personnel, equipment, and facilities of the City; and
The efforts required to prepare for, respond to, mitigate, and
recover from the increasing spread of COVID-19 have and will
continue to impose extraordinary requirements and expenses on
the City, requiring diversion of resources from day-to-day
operations; and
The City Council of the City of Cupertino is not in session and
cannot immediately be called into session.
It is hereby proclaimed that a local emergency now exists
throughout the City; and
IT IS FURTHER PROCLAIMED AND ORDERED, that during the existence of said local
emergency, the powers, functions, and duties of the emergency organization of this City
shall be those prescribed by state law, by ordinance, and resolutions of this City; and that
this emergency proclamation shall expire in seven (7) days after issuance unless confirmed
and ratified by the City Council of the City of Cupertino.
DATED this 11 th day of March, 2020.
BY:~
Debonhfeng
Director of Emergency Services
City of Cupertino
2. World Health Organization Coronavirus disease 2019 (COVID-19)
Situation Report -51
Kirsten Squarcia
City Clerk
City of Cupertino
h ttps:// www. who.int/ docs/ d efa u I I-sou reel co ronavi ru se/si tua ti o n -reports/20200311-si trep-51-covi d-19. pd f? sfvrsn= lba62e57 4