Early Consideration Response Form
Department Transportation/Parks, Recreation, and
Neighborhood Services/Police
Rules Date 8 /9/ 20 23 Item C.1
Department Rep. Name/Ext. John Ristow/Jon Cicirelli/Anthony Mata Councilmember Sponsorship Mahan, Cohen, Ortiz, Doan Policy/Ordinance Subject Addressing Encampments and RV's Around Schools
Staff Recommendation
☒GREEN Adopt based on tradeoffs
outlined on next page
☐YELLOW Refer to Priority Setting
or to Budget Process
☐ RED Recommend Council not
adopt nominated idea
☐ NEEDS CLARIFICATION OR
MORE TIME TO EVALUATE
Staff Evaluation
Is this already underway in a department work plan?
☐ Yes ☒ No
Is this time critical or an emergency?
☒ Yes ☐ No
Will this require substantial resources, staffing, budget, orstrategic support?
☒ Yes ☐ No
Criterion to Determine Scale of Project Complexity
Project complexity is determined by scoring the project in each of the 3 criterions below and then summing the score. a. Low Complexity is a sum of 6 or less.
b. Medium Complexity is a sum of 7 – 9.
c. High Complexity is a sum of 10 or greater.
Total Score = 11
Scoring Criterion
Low Complexity Medium Complexity High Complexity
Estimated Duration 6 – 9 months ☒= 1 9 - 18 months ☐= 2 More than 18 months ☐= 3 Organizational
Complexity
(Internal)
Can easily be absorbed
into existing work plan
☐= 1 Planned work (future) ☐= 2 Work not currently proposed ☒= 3 Have staff with required
skillset/knowledge
☐= 1 Have staff with required skillset/
requires moderate research
☒= 2 Do not have staff with required
skillset/requires significant research
☐= 3
Less than or equal 2
staff required
☐= 1 3 - 4 staff required ☒= 2 More than 5 staff required ☐= 3 (External) 1 Additional department; no
community outreach required
☐= 1 2 Other departments Involved;
some community outreach required
= 2 3 or more departments and/or external
partners involved; significant community
outreach required
☒= 3
DEPT.
Require
d ☐ Airport ☐ Auditor ×CMO ☐ OEDCA ☐ ESD ☐ Fire ☐ HR ☐ IT ×PRNS ×Police ☐ Retirement ×Attorney ☐ Clerk ☐ CMO –
Budget
☐ Community
Energy ☐ Finance ☐ Housing ☐ IPA ☐ Library ☐ PBCE ☐ PW ×DOT CMO Approval: /s/ Lee Wilcox Date 8/8/2023
Analysis
Explain the rationale for staff recommendation, including any mitigating factorsthat need to be considered (recent legislative action,significant work plan changes, etc.). Please address the following as well.
GREEN LIGHT: The Administration can implement this nominated idea under its current work plan. Item should be sent to Council to add to department work plan. (1) How will the idea be approached? (2) If adopted, what is its impact and/or tradeoff to the City Council Focus Area or to a department work plan, including strategic support? (3) What is the minimum viable scope to move the idea forward and reduce its complexity? 1a - Drafting Ordinance – GREEN
Staff can expedite drafting an ordinance that can achieve the purposes identified in the Council Memo once fully resourced, and will return to City Council by the end of November with a) the draft ordinance, b) a cost estimate for full implementation and enforcement, and c) recommendations and considerations for an expedited or phased enforcement with existing resources.
Preliminary Considerations
Scope of Potential Sites
Preliminary analysis results in 1,012 potential sites that could be impacted by the ordinance. [GREEN LIGHT analysis continued Page 3]
YELLOW LIGHT: The Administration recommends Council send this nominated idea to the Priority Setting Process or to the Budget Process due to (describe cost implications, workload impacts, or other factors).
N/A
RED LIGHT: The Administration recommends Council not to adopt this nominated idea due to (describe reason implementation would be difficult if not impossible – conflict with other laws, etc.).
N/A
Analysis(Continued)
Phased Implementation
Preliminary analysis using the City of San Jose Mapping layers of public care and K-12 school data show that the proposed ordinance could potentially result in over 1,000 sites requiring attention as demonstrated in the tables above. (Site duplication and proximity was not assessed due to turnaround time.) While ordinance drafting can be absorbed with current staff resources, enforcement of this ordinance would require appropriate signage, DOT and PRNS enforcement, trash pickup, personal property storage, and vehicle towing. As such, a full-scale implementation would require considerable resources and planning.
Limited Trash Pickup Related to Towing
PRNS could participate in a limited, focused initial implementation for trash pickup related to towing. The exact number of sites it could support will be considered when staff return to City Council. However, PRNS would require additional resources to carry out a full-scale implementation of trash removal prior to vehicle towing, and resources to manage the additional storage of personal property (from towed vehicles) and storage of personal property (required by law) under this ordinance.
Limited Signage and Parking Enforcement – (Potential for service level impacts) Staff estimate approximately 50-100 parking restriction signs will be required per location depending on the size of schools or daycare centers, requiring $15,000 - $30,000 per location for engineering, sign fabrication, and installation. During a phased implementation, in consultation with other Departments, DOT could place signage at a few specific locations without additional resources, but the exact number will depend on the specific locations and needs.
Parking compliance officers are currently focused on safety patrol, clearing for street sweeping, and vehicle abatement, and are already struggling to meet customer expectations in response time or adequate coverage. For full ordinance implementation, additional officers (Sr. PTCO/PTCO, plus a vehicle(s) and equipment) would be required to support proactive patrol, enforcement, and vehicle abatement activities depending on the scope set by the ordinance and prioritization. If existing programs and staff (without additional resources) were used during a phased implementation, staff anticipate there will be response time and customer satisfaction impacts in other areas of parking compliance.
Vehicle Towing – (Potential for service level impacts)
SJPD will begin administering a tow contract in the fall of 2023 that could allow for the operator to tow for this purpose. If existing resources were used during a phased implementation, other impound efforts would be impacted. It is important to note that the current priority structure makes this a priority four, meaning it would be attended to after existing, higher priority calls. Consequently, requests for vehicle impounds might experience delays of several hours, as they will be addressed when the beat officer becomes available, and once all other higher-priority calls for service are resolved.
In addition, the Police Department is further impacted by the current requirements of the Duty Manual. Duty Manual Section L 5412 (VEHICLE LACKING REGISTRATION FOR MORE THAN SIX MONTHS) prohibits officers from towing a vehicle that is attended (which includes lived-in vehicles) and has registration expired for more than six months. Based on prior experience, the Department recognizes many lived-in vehicles have registration which is expired beyond the stated period. Therefore, the Department would need to work with the City Attorney’s Office to clarify how the Duty Manual would be interpreted or amended. For instance, if a lived-in vehicle is in violation of the ordinance and expired over six months and a day, it would need to be determined whether the officer could tow the vehicle and not be in violation of L 5412.
State Legislation
AB 1082 (Kalra) in the State Legislature is intended to decrease the ability to tow lived-in vehicles in certain circumstances. The bill has not been signed into law, so the specific impact on this proposed ordinance unknown. This legislation is pending in the Senate Appropriations Committee. The number of unpaid tickets was reduced from 6 or more to three before the DMV can place a registration hold. The IGR team has been advocating for the number of parking tickets to be reduced.