Resolution 2020-28RESOLUTION NO. 2020-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY CONTINUING THE EXISTENCE OF A
LOCAL EMERGENCY AS 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 Organization and Functions, empower the
Director of Emergency Services (City Administrator) to proclaim the existence 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 shall have no fmiher 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 prope11y
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 coronavims (Named COVID-19) was first detected in December 2019.
2. On January 30, 2020 the World Health Organization (WHO) declai·ed 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 Depmiment took steps to
protect the health of the community by issuing an order cancelling all mass
gatherings of over 1,000 people and additional recommendations to slow the spread
of the vims, 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
characterized as a pandemic .
RES O LUTION N O. 2020-2 8
6 . On March 13, 2020 the Santa Clara 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 I 00
people and further banning gatherings of 35 to I 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 gathe1ing while this crisis continues; and
WHEREAS, California Government Code, Title 2, Division 1, Chapter 7.5 -
California Disaster Assistance Act (CDAA) allows that with the Procl amation 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 13, 2020, the Director of Emergency Services issued a
proclamation declaring the existence of a local emergency within the City; and
WHEREAS, on March 16, 2020 the City Council found that the above described
conditions of extreme peril did waiTant and necessitate the proclamation of the existence
of a local emergency in the City; and
WHEREAS, the associated emergency conditions continue to be on-going and the
emergency should not be terminated at this time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Gilroy that:
1. The City Council has received the report of the Director of Emergency Services as
required by California Government Code Section 8630 (c) and 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.
2. Said local emergency shall be deemed to continue to exist until terminated by the
City Council of the City of Gilroy .
3. The Director of Emergency Services is hereby directed to rep011 to the City Council
within an additional sixty (60) days on the need for fm1her continuing the local
emergency.
RESOLUTI O N NO. 2020-28
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I
PASSED AND ADOPTED by the City Council of the City of Gilroy at a
regular meeting duly held on the 18tl1 day of May, 2020, by the following roll call
vote:
1(.
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO,
LEROE-MUNOZ, MARQUES, TOVAR, TUCKER and
VELASCO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
'.' j
_,.,------
NONE
NONE
APPROVED: )id_
Roland Velasco, Mayor
RESOLUTION NO. 2020-28
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2020-28 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 1st11 day of May, 2020 , at which meeting a quorum was present.
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the Official Seal of
1ty of Gilroy
(Seal)