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HomeMy WebLinkAboutOrdinance No. 2026-03 | Ordinance for School Speed Limit Reductions | Adopted 05/18/2026ORDINANCE 2026-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 15, SECTION 15.11 OF THE GILROY CITY CODE BY ADDING REFERENCE TO NEW VEHICLE CODE SECTION 22358.4 WHICH PERMITS THE LOWERING OF SPEED LIMITS UNDER CERTAIN CIRCUMSTANCES IN SCHOOL ZONES WHEREAS, when approaching or passing a school building or school grounds that are contiguous to or not separated from a highway. Local authorities were permitted to reduce this limit only when supported by an engineering and traffic survey; and WHEREAS, Assembly Bill (AB) 382, signed into law on October 10, 2025, and effective as of January 1, 2026 significantly revises these rules. The bill authorizes local agencies, by ordinance or resolution, to establish reduced school zone speed limits without requiring an engineering and traffic survey, and WHEREAS, Assembly Bill 382 standardizes and lowers the default statewide school-zone speed limit (to 20 mph), expands flexibility for localities (15 mph or 25 mph buffer zones), and clarifies “school zone” boundaries and “children present” rules – simplifying and strengthening pedestrian safety protections around schools; and WHEREAS, Assembly Bill 382 amended section 22358.4 of the California Vehicle Code as of January 1, 2026, to allow local governments to establish a 15 miles per hour (mph) prima facie speed limit by local resolution in: qualifying school zones in a residence district; on a two-lane roadway; and with a posted speed limit of 30 mph or slower; and WHEREAS, Section 15.11 of the Gilroy City Code describes City Council procedures for establishing speed limits on City streets. Notably, except as provided specifically by the California Vehicle Code, speed limits can only be changed by Council resolution based upon an engineering and traffic analysis. WHEREAS, Section 15.11 of the Gilroy City Code does not include specific reference to vehicle code section 22358 et. seq.; and WHEREAS, absent the specific reference, the City Council cannot apply new vehicle code section 22358.4 and set lower prima facie speed limit of 15 mph under Assembly Bill 382. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL HEREBY AMENDS THE GILROY CITY CODE AS FOLLOWS: “15.11 Speed limits—on designated streets. Docusign Envelope ID: D93173EB-057A-8230-82A1-4E35FEC0AC53 Ordinance No. 2026-03 Ordinance Amending GCC Section 15.11 City Council Regular Meeting | May 18, 2026 Page 2 of 3 Upon recommendation of the city engineer or chief of police, and when based on an engineering and traffic survey, the city council may by resolution determine and declare speed limits for designated streets different from those otherwise applicable under Vehicle Code sections 22349, 22352 and 22358 et seq. Each special speed limit shall be effective, and no person shall operate a vehicle in excess thereof, when appropriate signs designating the applicable speed are erected and maintained upon each street or portion thereof where each special speed limit is applicable. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular meeting duly held on the 18th day of May 2026 by the following roll call vote: AYES: COUNCIL MEMBERS: BRACCO, CLINE, HILTON, MARQUES, RAMIREZ, BOZZO NOES: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: FUGAZZI APPROVED: Greg Bozzo, Mayor ATTEST: Kim Mancera, City Clerk Docusign Envelope ID: D93173EB-057A-8230-82A1-4E35FEC0AC53 Ordinance No. 2026-03 Ordinance Amending GCC Section 15.11 City Council Regular Meeting | May 18, 2026 Page 2 of 3 CERTIFICATE OF THE CLERK I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2026-03 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 Council held on Monday, May 18, 2026, with a quorum present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Wednesday, May 20, 2026. Kim Mancera City Clerk of the City of Gilroy Docusign Envelope ID: D93173EB-057A-8230-82A1-4E35FEC0AC53