Resolution No. 2021-14 | Extension of Gilroy Business Stimulus Package | Adopted 05/03/2021CITY COUNCIL RESOLUTION NO. 2021-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY, CALIFORNIA, EXTENDING IMPLEMENTATION OF
A BUSINESS STIMULUS PACKAGE TO ASSIST LOCAL
BUSINESSES AFFECTED BY COVID-19
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, as State and County restrictions affecting business operations
have been modified multiple times over the past year and are still in effect; and
RESOLUTION NO. 2021-14
WHEREAS, Gilroy's local economy has suffered significantly since the initial
order; and
WHEREAS, on June 1, 2020, the City Council approved recommendations
for temporarily modifying certain requirements to support business and development
activity and to aid in the economic recovery of the City arising from the COVID-19
pandemic, including by facilitating businesses to implement social distancing protocols;
and
WHEREAS, on May 3, 2021, the City Council considered recommendations
to extend temporarily modifying certain requirements to continue the support of business
and development activity to aid in the economic recovery of the City arising from the
COVID-19 pandemic, including facilitating businesses to implement social distancing
prototcols;
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, regulatory flexibility to stimulate the local economy and to
facilitate local businesses to remain open with social distancing protocols in place
throughout the current COVID-19 epidemic is necessary to provide for the protection of life
and property 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
RESOLUTION NO. 2021-14
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:
1. The City Council hereby finds that each of the foregoing recitals is true and
correct.
2. 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.
3. Temporary banner signs shall be allowed within the City limits without a
permit through May 31, 2022, subject to the criteria set forth in Exhibit A,
and the application of the following provisions of the Gilroy City Code are
hereby suspended to the extent contrary herewith, as further set forth in
Exhibit A: Sections 30.37.30 and 30.37.90.
4. Until May 31, 2022, privately owned parking Tots and non-ADA parking
spaces may be used for curbside restaurant, food, and retail merchandise
pickup, subject to criteria set forth in Exhibit A. For downtown businesses or
businesses that cannot provide customer access to privately maintained
parking spaces, City owned public parking spaces may be used instead,
RESOLUTION NO. 2021-14
subject to criteria set forth in Exhibit A. No permit fee will be required.
5. Until May 31, 2022, the City shall make certain City owned public properties,
including sidewalks, plazas, public parking Tots, and other rights -of -way,
available for outdoor dining during the pendency of the County and State
orders, subject to requirements set forth in Exhibit A, and the application of
the following provisions of the Gilroy City Code are hereby suspended to the
extent contrary herewith, as further set forth in Exhibit A: Sections 30.44.10,
30.44.15, 30.44.20, and 30.47.50.
6. Until May 31, 2022, the application of Section 20.34 of the Gilroy City Code
shall be suspended during the pendency of the County and State orders, as
set forth in Exhibit A, to allow for sidewalk exhibition of merchandise subject
to requirements further set forth in Exhibit A.
7. Until May 31, 2022, private parking lots, sidewalks, walkways, and plaza
areas, or similar outdoor spaces, may be used for outdoor dining or limited
retail displays during the pendency of the County and State Orders, subject
to requirements set forth in Exhibit A.
8. Until May 31, 2022, portions of public streets may be used for outdoor dining
or limited retail displays during the pendency of the County and State
Orders, subject to requirements set forth in Exhibit A; 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.
9. 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
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signage advising the public thereof.
10. 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.
11. 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 by the City Council of the City of Gilroy at a regular
meeting duly held on the 3rd day of May, 2021, by the following vote:
AYES: COUNCILMEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUIVOZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A EST:
LAnn McPhi lips, , t: rim City Clerk
APPROVED:
-/kg'1144:;&,1
arie Blank ey, Mayo
RESOLUTION NO. 2021-14
I, LeeAnn McPhillips, Interim City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2021-14 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 3rd day May, 2021, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the ity of Gilroy this 14th day of May, 2021.
Vif
McPhillips
Interim City Clerk o ity of Gilroy
(Seal)