HomeMy WebLinkAboutResolution No. 2023-50 | Extending Temporary Outdoor Dining Program | Adopted 08/21/2023RESOLUTION 2023-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY EXTENDING THE TEMPORARY OUTDOOR
DINING PROGRAM THROUGH DECEMBER 31, 2023
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, on June 1, 2020, the City Council approved recommendations for
temporarily modifying certain City Code requirements to support business and
development activity (e.g., outdoor dining) and to aid in the economic recovery of the City
arising from economic impacts of the COVID-19 pandemic; and
WHEREAS, on May 3, 2021, and again on May 16, 2022, the City Council
extended the temporary economic recovery program allowing private parking lots, public
parking spaces, sidewalks, walkways, plaza areas, or similar outdoor spaces to be used
for outdoor dining; and
WHEREAS, outdoor dining continues to stimulate the local economy in furtherance
of the City Council’s goal to “Promote Economic Development Activities that Create
Opportunities for Quality Employment and Increase the City's Tax Base”; 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.
Resolution No. 2023-50
Extending Temporary Outdoor Dining Program
City Council Regular Meeting | August 21, 2023
Page 2 of 2
Until December 31, 2023, the City Engineer or designee is hereby authorized to
allow certain City-owned public properties, including public parking spaces, sidewalks,
plazas, and other rights-of-way, to be used for outdoor dining.
Until December 31, 2023, the City Engineer or designee is hereby authorized to
allow portions of public streets to also be used for outdoor dining; 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).
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 21st day of August 2023 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON,
MARQUES, TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS: CLINE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
_______________________
Thai Nam Pham, City Clerk
Marie Blankley (Aug 22, 2023 16:43 PDT)
Marie Blankley
CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2023-50 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, August 21, 2023, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official
Seal of the City of Gilroy this Tuesday, August 22, 2023.
____________________________________
Thai Nam Pham, MMC, CPMC
City Clerk of the City of Gilroy
(Seal)