Ordinance 2000-16ORDINANCE NO. 2000-16
AN ORDINANCE OF THE CITY OF GILROY REPEALING SECTIONS 9.3 AND 9.4,
AND AMENDING SECTION 9.6, REGARDING EMERGENCY ORGANIZATION AND
FUNCTIONS, OF THE GILROY CITY CODE
WHEREAS, the City of Gilroy ("City") in 1975 enacted Chapter 9 of the Gilroy City
Code, entitled "Emergency Organization and Functions"; and
WHEREAS, section 9.3 and 9.4 of Chapter 9 of the Gilroy City Code ("Code") create,
and prescribe the powers and duties of, the Gilroy Disaster Council; and
WHEREAS, the Gilroy Disaster Council has not been operative for a number of years;
and
WHEREAS, the City's Emergency Operations Center staff recently finalized a revised
Emergency Operations Plan, which was approved by the Gilroy City Council on October 2,
2000, pursuant to the adoption of Resolution No. 2000-68, entitled "Resolution of the Council of
the City of Gilroy Adopting the 2000 Emergency Operations Plan"; and
WHEREAS, the revised Emergency Operations Plan does not utilize a Gilroy Disaster
Council, thus rendering obsolete Code sections 9.3 and 9.4, but instead establishes and prescribes
the duties of the City of Gilmy Emergency Operations Center Administrative and Command
Staff, composed of the director of emergency services and specified department heads, consistent
with the statewide Standardized Emergency Management System (SEMS) model; and
WHEREAS, the revised Emergency Operations Plan establishes an emergency
organization but does not utilize a "Gilroy Emergency Organization," and the City seeks to
amend Code section 9.8 to remove reference to an organization bearing that formal name; and
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WHEREAS, the City seeks to amend for purposes of conformity with Califomia
Govemment Code section 8630 and clarification Code Section 9.6, authorizing the City Council,
or the director of emergency services if the City Council is not in session, subject to ratification
by the City Council within seven (7) days, to proclaim a state of emergency; and
WHEREAS, California Government Code section 8630 requires the City Council to
review at least every twenty-one (21) days, until the local emergency is terminated, the need for
continuing the local emergency; and to "proclaim the terminatinn of the local emergency at the
earliest possible date that conditions warrant."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
GILROY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I
Sections 9.3 and 9.4 of the Gilroy City Code, creating, empowering, and assigning duties
to the Gilroy Disaster Council, are hereby repealed in their entirety.
SECTION II
Section 9.6(a), prescribing the powers and duties of the director of emergency services, is
amended to read:
(a)
Request the City Council to proclaim the existence or threatened
existence of a "local emergency" if the City Council is in session, or
issue such proclamation if the City Council is not in session.
Whenever a local emergency is proclaimed by the director, the City
Council, within seven (7) days of date that the proclamation is made,
shall meet and take action to ratify the proclamation. If the City
Council fails to ratify the proclamation within the seven (7) days
provided, the proclamation of the director shall have no further fome
or effect. The director shall request the City Council to review at least
every twenty-one (21) days, until the local emergency is terminated,
the need for continuing the local emergency; and to proclaim the
termination of the local emergency at the earliest possible date that
conditions warrant.
SECTION III
In Section 9.6(g)(4) of the Gilroy City Code, the word "town" is changed to the word
"city."
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SECTION IV
Section 9.8, relating to the structure, duties and functions of the emergency organization,
is amended to read:
The structure, duties and functions of the emergency organization
and the order of the emergency succession to the position of director of
emergency services, shall be adopted by resolution of the City Council,.
SECTION V
If any section, subsection, subdivision, sentence, clause, phrase or word of this
ordinance is for any reason held to be invalid or unconstitutional by a court of competent
jurisdiction, such decision shall not effect the validity of the remaining portions of this
ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and
adopted this ordinance, and each and all provisions hereof, irrespective of the fact that one or
more provisions may be declared invalid or unconstitutional.
SECTION VI
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED this 20th day of November, 2000, by the following vote:
AYES:
COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
G. ARELLANO, P ARELLANO, MORALES,
PINHEIRO, SUDOL, VELASCO,
MAYOR SPRINGER
NONE
NONE
APPROVED:
Thomas W. Springe~)/I~d~-r
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I, RHONDA PELL1N, City Clerk of the City of Cdlroy, do hereby certify that the attached
Ordinance No. 2000-16 is an original ordinance, duly adopted by the Council of the City of Cdlroy
at a regular meeting of said Council held on the 20th day of November, 2000, at which meeting a
quorum was present.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Cdlroy this 5th day of January, 2001.
City (~lerk of the City o Cd y
(Seal)