Resolution 2019-43RESOLUTION NO.2019-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY RATIFYING THE PROCLAMATION OF A LOCAL
EMERGENCY
WHEREAS, California Government Code Section 8630 and Chapter 9 of the Gilroy City Code,
Emergency Organization and Functions, empower the Director of Emergency Services to proclaim the
existence or threatened existence of a local emergency when said City is affected, or likely to be affected,
by a public emergency, and the City Council is not in session; and
WHEREAS, on July 28, 2019, the Director of Emergency Services proclaimed a local emergency
due to the Gilroy Garlic Festival Shooting pursuant to this authority, which is attached hereto as Exhibit
A; and
WHEREAS, under Government Code Section 8630 and Chapter 9 of the Gilroy City Code, the
local emergency shall not remain in effect for longer than seven (7) days unless it has been ratified by the
City Council; and
WHEREAS, the City Council hereby desires to ratify the existence of the local emergency for the
reasons set forth hereon and in Exhibit A;
NOW, THEREFORE BE IT RESOLVED that:
The City Council hereby ratifies the existence of the local emergency for the reasons set forth
herein and in Exhibit A attached hereto;
2. The conditions of extreme peril to the safety of persons and property have arisen within the City
due to the following:
(a) On July 28, 2019, a shooter opened fire at the Gilroy Garlic Festival, an annual community
event that draws thousands of City residents and visitors, and the latest reports indicate that
at least three people were killed and twelve more were wounded before the shooter was
killed;
(b) The Gilroy Police Department, Federal Bureau of Investigation, and law enforcement and
emergency response personnel from neighboring jurisdictions are actively responding to
the incident, and the area remains an active crime scene;
(c) The Gilroy Police Department is operating a witness telephone line for witnesses who may
have information and a family reunification telephone line for festival attendees who do
not know the whereabouts or status of a family member, as well as a family reunification
center at Gavilan Center;
4845-4096-11820
M04706083
(d) The City activated its Emergency Operations Center on July 28, 2019 to coordinate its
response to the crisis;
(e) This situation will require ongoing law enforcement, emergency response, and health and
mental health support resources for the City community that are beyond the capacity and
control of the services, personnel, equipment, and facilities of the City, and will require the
combined forces of mutual aid; and
(f) Christmas Hill Park is a major City facility and remains a current and active crime scene
and remains closed to the public.
IT IS FURTHER RESOLVED AND ORDERED that:
1. A copy of this Resolution be forwarded to the Director of the California Governor's Office of
Emergency Services; and
2. This Resolution shall remain in full force and effect until the City Council proclaims the
termination of the local emergency.
PASSED AND ADOPTED this I" day of August, 2019 by the following roll call vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE-MUNOZ, MARQUES,
TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
AT T:
Shawna Free's-/City C er
RESOLUTION NO.2019-43
PROCLAMATION OF A LOCAL EMERGENCY
BY THE DIRECTOR OF EMERGENCY SERVICES
WHEREAS, Government Code section 8630 and Gilroy City Code section 9.6(a)
authorize the Director of Emergency Services to proclaim a local emergency when the City of
Gilroy ("City") is tlueatened by conditions of disaster or extreme peril to the safety of persons
and property within the City that are or are likely to be beyond the control of the services,
personnel, equipment, and facilities of the City, and the City Council is not in session;
WHEREAS, the Director of Emergency Services does hereby find:
Conditions of extreme peril to the safety of persons and property have arisen within the
City due to the following:
1. On July 28, 2019, a shooter opened fire at the Gilroy Garlic Festival, an annual
community event that draws thousands of City residents and visitors, and the latest
reports indicate that at least three people were killed and twelve more were wounded
before the shooter was killed;
The Gilroy Police Department, Federal Bureau of Investigation, and law enforcement
and emergency response personnel from neighboring jurisdictions are actively
responding to the incident, and the area remains an active crime scene;
The Gilroy Police Department is operating a witness telephone line for witnesses who
may have information and a family reunification telephone line for festival attendees
who do not know the whereabouts or status of a family member, as well as a family
reunification center at Gavilan Center,
4. The City activated its Emergency Operations Center on July 28, 2019 to coordinate
its response to the crisis;
This situation will require ongoing law enforcement, emergency response, and health and
mental health support resources for the City cormnunity that are beyond the capacity and control
of the services, personnel, equipment, and facilities of the City, and will require the combined
forces of mutual aid; and
WHEREAS, the City Council is not in session, and cannot immediately be called into
session; and
Proclamation of Local Emergency Page I of 2-
Re: June 28, 2019 Gilroy Garlic Festival Shooting
WHEREAS, during a local emergency, the Director of Emergency Services is authorized
by Gilroy City Code section 9.6(g)(1) to issue rules and regulations on matters reasonably related
to the protection of life and properly as affected by such emergency; provided, however, that
such rules and regulations must be confirmed at the earliest possible time by the City Council;
NOW, THEREFORE, the Director of Emergency Services hereby proclaims that a local
emergency, as defined in Government Code Section 8558 and Gilroy City Code section 9.2, now
exists within the City; and requests such assistance as may be necessary from the County of
Santa Clara, neighboring jurisdictions, the State of California, and the federal government.
The local emergency shall not remain in effect for a period in excess of seven (7) days
unless it has been ratified by the City Council.
Date: 7���%y By: _
Time: IZ3�S`� Gabriel Gonzalez
City Administrator/Director of Emerg cy Services
APPROVED AS TO FORM:
[Name]
City Attorney
Proclamation of Local Emergency
Re: June 28, 2019 Gilroy Garlic Festival Shooting
Page 2 of 2
WHEREAS, during a local emergency, the Director of Emergency Services is authorized
by Gilroy City Code section 9.6(g)(1) to issue rules and regulations on matters reasonably related
to the protection of life and property as af.Pected by such emergency; provided, however, that
such rules and regulations must be confirmed at the earliest possible time by the City Council;
NOW, THEREFORE, the Director of Emergency Services hereby proclaims that a local
emergency, as defined in Government Code Section 8558 and Gilroy City Code section 9.2, now
exists within the City; and requests such assistance as may be necessary from the County of
Santa Clara, neighboring jurisdictions, the State of California, and the federal government,
The local emergency shall not remain in effect for a period in excess of seven (7) days
unless it has been ratified by the City Council.
Date: r' r By.
Time: i-.�`.5 Gabriel Gonzalez
City Administrator/Director of Ernergz cy Services
APPROVED AS TO FORM:
[Name]
City Attorney
Proclamation of Local Emergency Page 2 of 2
Re: June 28, 2019 Gilroy Garlic Festival Shooting
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2019-43 is an original resolution, or true and correct copy of a city
Resolution, duly adopted by the Council of the City of Gilroy at a special meeting of said held on
the 1" day of August, 2019, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 1st day of August, 2019.
Sh Freels,
Ci Clerk of the City of Gilroy
(Seal)