Resolution 2020-17RESOLUTION NO. 2020-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY 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
Chapter 9 of the Gilroy City Code, Emergency Organi zation and Functions, empower the
Director of Emergency Services (City Administrator) to proclaim the e xistence or
threatened existence of a local emergency if the Council of the City of Gilroy ("City") is
not in session, and require that the City Council take action to ratify the proclamation
within seven (7) days thereafter, or the proclamation s hall have no further force or effect;
and
WHEREAS, pursuant to California Go venunent Code Sections 8680.9 and
8558( c ), a local emergency is a condition of extreme peril to persons or prope1iy
proclaimed as such by the governing body of the loca l agency affected by a natural or
mamnade 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 s tate
or federal assistance; and
WHEREAS, conditions of extreme peril to the safety of persons and prope1iy have
arisen within the City, based on the following:
1. A novel coronavirus (Named COVID-19) was first detected in December 2019.
2. On January 30, 2020 the World Health Organization (WHO) 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 February 10, 2020, the County of Santa Clara declared a local health emergency
and proclaimed a local emergency.
4. On March 9, 2020 the County of Santa Clara Public Health Department took steps to
protect the health of the community by issuing an order cancelling all mass
gatherings of over 1,000 people and additional reconunendations to slow the spread
of the virus, reduce the number of people infected, and, especially, to protect those
who are most vulnerable to severe illness.
5. On March 11, 2020 the WHO made the assessment that COVID-19 can be
R ESOLUTIO N NO. 2020-17
characterized as a pandemic.
6. On March 13, 2020 the Santa C lara County Office of Education announced that all
public schools will close for three weeks; and
7. On March 13 , 2020 the County of Santa Clara took additional steps to protect the
health of the community by issuing additional orders limiting gatherings to 100
people and further banning gatherings of 35 to l 00 people unless certain conditions
are met to reduce the likelihood of transmission at those events.
8. The City of Gilroy has been responsive and proactive. The City has cancelled
programs for senior citizens, postponed agenda items and meetings that are not time-
sensitive, cancelled all non-essential travel by City staff and all City-sponsored
events likely to result in a possible mass gathering whi le this crisis continues; and
WHEREAS, the City Council does h ereby find that the above described conditions
of extreme peril did wanant 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 inctmed during response, if approved by the Director of the
California Office of Emergency Services or ConcutTence or Governor's Proclamation;
and
WHEREAS, on March 13 , 2020, the Director of Emergency Services i ssued a
proclamation declaring the existence of a local emergency within the C ity; and
WHEREAS, the associated emergency conditions a re on-going and the emergency
should not be terminated at thi s time;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Gilroy that:
1. The Proclamation of Existence of a Local Emergency, as issued by the Dire ctor of
Emergency Services on March 13 , 2020, is h ereby ratified and confinned.
2. The City Council has reviewed the need for continuing the declaration of local
emergency a nd find s based on substantial evidence that the public interest and
necess ity 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 tenninated by the
City Council of the City of Gilroy.
4. The Director of Emergency Services is hereby directed to report to the City Council
RESOLUTION NO. 2020-1 7
within sixty (60) days on the need for fmiher continuing the local emergency.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a
regular meeting duly held on the 16th day of March, 2020, by the following roll call
vote:
A YES: COUNCILMEMBERS: BLANKLEY, BRACCO,
LEROE-MUNOZ, MARQUES, TOVAR, TUCKER and
VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Roland Velasco, Mayor
RESOLUTION NO. 2020-17
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2020-17 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 regular meeting of said held on
Council held on the 16th day of March, 2020, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
Shawna Freels,
City Clerk of the
(Seal)
of March, 2020.