Ordinance 1994-06ORDINANCE NO. 94 -6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING CHAPTER 25B OF THE GILROY
CITY CODE RELATING TO TRANSPORTATION DEMAND
MANAGEMENT UNDER THE CONGESTION MANAGEMENT
PROGRAM
WHEREAS, California Government Code Section 65089.3
requires congestion management agencies to annually determine if
cities are conforming to the congestion management program on
grounds including the adoption and implementation of a trip
reduction and travel demand ordinance; and,
WHEREAS, in connection with previous requirements of the
Santa Clara County Congestion Management Program, the City of
Gilroy adopted Ordinance No. 92 -6 on June 1, 1992, which Ordinance
added Chapter 25B to the Gilroy City Code to establish a
transportation demand management program for the City; and,
WHEREAS, the Bay Area Air Quality Management District
(" BAAQMD") adopted on December 16, 1992 Rule 1 of Regulation 13
( "Rule 111, "Trip Reduction Requirements for Large Employers "),
which Rule sets forth a comprehensive scheme of trip reduction and
transportation demand management applicable to and enforceable upon
all employers of 100 or more employees at one work site, including
all such large employers within the City of Gilroy; and,
WHEREAS, the California Clean Air Act gives authority to
the BAAQMD to delegate implementation of Rule 1 to local
jurisdictions; and,
WHEREAS, in June of 1993 the Santa Clara County
Congestion Management Agency, after consultation with member
agencies, decided not to seek delegation of Rule 1 from the BAAQMD,
and instead adopted a policy which was duly incorporated into the
1993 Congestion Management Program and which policy provides that
a city will be deemed to have complied with the Congestion
Management Program's transportation demand management ordinance
ORDINANCE NO. 94 -6
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requirements if that city has adopted an ordinance stating that the
BAAQMD is implementing the Rule within its jurisdiction; and,
WHEREAS, the County Congestion Management Program also
provides that confirmation must be submitted annually to the
Congestion Management Agency that the ordinance stating that the
BAAQMD is implementing the Rule within the city's jurisdiction is
still in effect; and,
WHEREAS, the City Council of the City of Gilroy finds it
wise and expedient and in furtherance of the public health, safety
and welfare to amend the existing transportation demand management
program for the City as was adopted in Ordinance 92 -6 with an
ordinance in accordance with the Congestion Management Agency's
policy of recognizing BAAQMD implementation of Regulation 13, Rule
1.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY ORDAIN AS FOLLOWS:
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Section 25B.1 of the Gilroy City Code is hereby amended
to read as follows:
Sec. 258.1. Trip Reduction and Transportation Demand
Management
(a) Within the City of Gilroy, the implementation of
trip reduction and travel demand requirements
pursuant to Government Code Section 65089.3 shall
be satisfied through the administration,
implementation, and enforcement by the Bay Area Air
Quality Management District Regulation 13, Rule 1
( "Trip Reduction Requirements for Large Employers ") .
(b) The City Clerk shall certify annually to the Santa
Clara County Congestion Management Agency that this
ordinance remains in effect.
ORDINANCE NO. 94 -6
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SECTION II
Section 25B.6 through 25B.10 are hereby deleted in their
entirety.
SECTION III
This ordinance shall take effect and be in full force
thirty (30) days from and after its final adoption and approval.
PASSED AND ADOPTED this 6th day of June, 1994 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ, GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED:
fi&4� 4- -
Dddald F. Gage,
ORDINANCE NO. 94 -6
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 94 -6 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 6th day of June 19 94,
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 7th day of June
19 94
City Clerk of the City of Gilroy
OL
(Seal)