Resolution No. 2022-26 | Extending "Al Fresco" Outdoor Dining Program through May 31, 2023 | Adopted 05/16/2022 RESOLUTION NO. 2022-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
EXTENDING THE “AL FRESCO” OUTDOOR DINING PROGRAM
THROUGH MAY 31, 2023
WHEREAS, on January 30, 2020, the World Health Organization declared the COVID-19
outbreak a Public Health Emergency of International Concern, and on January 31, 2020, the United
States Secretary of Health and Human Services declared a Public Health Emergency; 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, pursuant to
the Emergency Services Act (Government Code Section 8550, et seq.), and on March 16, 2020,
the City Council adopted a resolution ratifying the declaration of local emergency; and
WHEREAS, the Centers for Disease Control and Prevention recommends social distancing
measures to slow the spread of COVID-19, including by maintaining a physical distance of at least
six (6) feet from other people; and
WHEREAS, on March 16, 2020, the Santa Clara County Health Officer issued a shelter -
in-place order to address COVID-19, directing all residents of the County to shelter in their places
of residence except to engage in essential activities as allowed under the order; and
WHEREAS, on March 19, 2020, the Governor issued a statewide shelter-in- place order;
and
WHEREAS, subsequent orders have been issued by both the Santa Clara County Health
Officer and Governor over the past year; and
WHEREAS, State and County restrictions affecting business operations have been
modified multiple times over the past year and are still in effect; and
WHEREAS, Gilroy’s local economy has suffered significantly since the initial order; and
WHEREAS, Government Code Section 8634 states that during a local emergency, a local agency
governing body “may promulgate orders and regulations necessary to provide for the protection
of life and property,” and that “[s]uch orders and regulations and amendments and rescissions
thereof shall be in writing and shall be given widespread publicity and notice”; and
WHEREAS, on June 1, 2020, the City Council approved recommendations for temporarily
modifying certain City Code requirements to support business and development activity and to aid
in the economic recovery of the City arising from the COVID-19 pandemic; and
WHEREAS, on May 3, 2021, the City Council extended the temporary modification of
certain City Code sections to continue the support of business and development activity to aid in
the economic recovery of the City arising from the COVID-19 pandemic; and
DocuSign Envelope ID: 9D4E2D2E-709A-4214-9FC3-EC123962C34E
Resolution No. 2022-26
“Al Fresco” Outdoor Dining Extension
City Council Regular Meeting | May 16, 2022
Page 2 of 3
WHEREAS, regulatory flexibility to stimulate the local economy and to facilitate local
businesses to remain viable is necessary because (i) a vibrant economy is a necessary component
of community health, and is necessary to avoid significant urban decay and decreased property
values; and (ii) social distancing protocols are necessary to slow the spread of COVID -19 during
the current pandemic; and
WHEREAS, Vehicle Code Section 22507 authorizes cities to adopt local rules for parking
on public streets; and
WHEREAS, Vehicle Code Section 21101(e) authorizes the governing body of a local
agency to close portions of public streets temporarily by ordinance or resolution as necessary for
the safety and protection of persons who are to use such portions of streets during the temporary
closing; and
WHEREAS, the City of Gilroy, as a municipal corporation and charter city, has inherent
authority to govern and control the use and enjoyment of its own property; and
WHEREAS, Article XI, Section 7 of the California Constitution states that: “A county or
city may make and enforce within its limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws.
NOW, THEREFORE, be it resolved that:
The City Council hereby finds that each of the foregoing recitals is true and correct.
As used herein, “County and State Orders” means any shelter-in-place order or other public
health order issued under the authority of and officer of the County or State that is applicable
within the City of Gilroy, and that restricts public gatherings and business activities for the purpose
of slowing the spread of COVID-19.
Until May 31, 2023, the City shall make certain City owned public properties, including
sidewalks, plazas, public parking lots, and other rights-of-way, available for outdoor dining during
the pendency of the County and State orders.
Until May 31, 2023, private parking lots, sidewalks, walkways, and plaza areas, or similar
outdoor spaces, may be used for outdoor dining during the pendency of the County and State
Orders.
Until May 31, 2023, portions of public streets may be used for outdoor dining during the
pendency of the County and State Orders; provided, however, that no portion of any street shall
be closed entirely to through traffic except as authorized by subsequent resolution of the City
Council pursuant to Vehicle Code Section 21101(e). The City Council hereby directs staff to place
consideration of any such resolution on the consent calendar.
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Resolution No. 2022-26
“Al Fresco” Outdoor Dining Extension
City Council Regular Meeting | May 16, 2022
Page 3 of 3
To the extent necessary or convenient to implement any provision of this resolution, the
City Engineer or designee is hereby authorized to modify the rules for use of any parking space
located within a public street, which modified rules shall become effective upon the posting of
appropriate signage advising the public thereof.
This Resolution shall be construed liberally to effectuate its purposes. If any provision of
this Resolution is found by a court of competent jurisdiction to be invalid or unenforceable, that
provision shall be severed and deleted, and the remaining portions of this Resolution shall remain
in full force and effect. Nothing in this Resolution shall be construed to authorize a violation of
the County and State Orders.
City staff shall publicize this Resolution by posting it on the City’s website and at City
Hall, and by providing copies hereof to local media outlets.
PASSED AND ADOPTED this 16th day of May 2022 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUÑOZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS: NONE
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. 2022-26 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, May 16, 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, May 16, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)
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