Resolution No. 2022-07 | AB 361 Extension | Adopted 02/07/2022
RESOLUTION NO. 2022-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY MAKING CERTAIN FINDINGS RELATING
TO THE EXISTING STATE OF EMERGENCY CAUSED BY
THE COVID-19 PANDEMIC AND DETERMINING AS A
RESULT OF THE STATE OF EMERGENCY TO ALLOW
THE CONTINUATION OF CITY COUNCIL MEETINGS
AND MEETINGS OF OTHER CITY LEGISLATIVE BODIES
SHALL BE HELD BY TELECONFERENCING PURSUANT
TO GOVERNMENT CODE SECTION 54953(E)
WHEREAS, on March 4, 2020, the Governor issued a proclamation of a state of
emergency pursuant to Government Code Section 8625, relating to the respiratory illness known
as COVID-19, which is caused by the novel coronavirus SARS-CoV-2; and
WHEREAS, the Governor’s proclamation remains in effect; and
WHEREAS, on March 11, 2020, the World Health Organization declared the existence of
a pandemic due to the global spread of COVID-19; and
WHEREAS, on March 13, 2020, the Director of Emergency Services issued a
proclamation declaring the existence of a local emergency within the City relating to COVID-19,
and on March 16, 2020, the City Council adopted a resolution ratifying the declaration of local
emergency; and
WHEREAS, since August 2, 2021, an order of the Santa Clara County Public Health
Officer has been in effect requiring the use of face coverings indoors by all persons; and
WHEREAS, despite progress in addressing the pandemic, not all eligible individuals are
fully vaccinated, and new, more virulent variants of the SARS-CoV-2 virus are spreading in
California and throughout the world; and
WHEREAS, to date, Santa Clara County has had nearly 268,000 reported cases of
COVID-19, and nearly 2,000 residents of the County have died of the illness; and
WHEREAS, as of January 25, 2022, the Santa Clara County Health Department reported
a seven-day rolling average of 3,903 new COVID-19 cases per day; and
WHEREAS, since Thanksgiving, the statewide seven-day average case rate has increased
by over 800 percent, and the number of COVID-19 hospitalized patients has increased by over 150
percent; and
WHEREAS, this surge is being driven by the recent emergence of the Omicron variant,
which early data suggests is more transmissible than the Delta variant; and
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Resolution No. 2022-07
AB 361 Extension
City Council Regular Meeting | February 7, 2022
Page 2 of 3
WHEREAS, on January 5, 2022, the Governor issued Executive Order N-1-22, which
extends from January 1, 2022, until April 1, 2022, the date by which state bodies may continue to
meet by teleconferencing; and
WHEREAS, as a result of the COVID-19 pandemic, and in particular because of the recent
surge in cases caused by the Omicron variant, continuing to hold in-person meetings of the City
Council and of the City’s other legislative bodies would present imminent risks to the health or
safety of attendees;
WHEREAS, AB 361, which was signed into law on September 16, 2021, amended
Government Code Section 54953 to authorize local legislative bodies to determine by resolution
to conduct meetings by teleconferencing during proclaimed public health emergencies, and any
such resolution must be reaffirmed every thirty (30) days to continue in effect; and
WHEREAS, the City Council desires to continue holding public meetings of the City
Council remotely using teleconferencing and virtual meeting technology in order to avoid the
imminent risk to the health and safety of attendees; and
WHEREAS, the City Council held a duly noticed public meeting on February 7, 2022; and
WHEREAS, at such public meeting, the City Council considered all pertinent information,
exhibits, testimony, and comments received during the public review process, including, without
limitation, information received at the public meeting, the written report from staff dated February
7, 2022, this Resolution, and all other information on which the City Council has based its decision;
NOW, THEREFORE, BE IT RESOLVED THAT,
1. The City Council finds that the foregoing recitals are true and correct.
2. Beginning on the date following the date of the adoption of this resolution, the City Council
and the City’s other legislative bodies shall meet by teleconferencing. Such meetings shall be
conducted according to the requirements set forth in Government Code Section 54953(e)(2).
3. This resolution shall be of no further force and effect on March 9, 2022, unless prior to that
date the City Council reconsiders this resolution and finds that either of the following
circumstances exists:
a. The state of emergency relating to COVID-19 continues to directly impact the ability of
the members of the City Council and of the public to meet safely in person; or
b. State or local officials have imposed or recommended measures to promote social
distancing.
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Resolution No. 2022-07
AB 361 Extension
City Council Regular Meeting | February 7, 2022
Page 3 of 3
PASSED AND ADOPTED this 7th day of February, 2022, by the following vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, HILTON, LEROE-
MUÑOZ, TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS: BRACCO, MARQUES
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
___________________________
Thai Nam Pham, City Clerk
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CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2022-07 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 Monday, February 7, 2022, 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 Monday, February 7, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)
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