1 From: Jordan Moldow
Sent: Monday, September 11, 2023 12:17 AM
To: TEPublicComment; City Clerk
Cc: District3; The Office of Mayor Matt Mahan; District4; District 6; city.auditor Subject: Public Comment - Item (d) 2. File # CC 23-167 "Integrated Waste Management Enforcement Program Audit Report. (City Auditor)" - Transportation and Environment Committee 9/11/2023 Public Comment from Jordan Moldow (95112; District 3) regarding Item (d) 2. File # CC 23‐167 "Integrated Waste Management Enforcement Program Audit Report. (City Auditor)" ‐ Transportation and Environment Committee 9/11/2023:
I am happy with some of the findings and recommendations in the report. However, I am disappointed that the report completely omits a huge public safety problem: illegal/improper trash set‐outs in bike lanes. There should be additional recommendations added to the report, to address education (both with San Jose city staff; and with residents and workers) and enforcement of trash set‐out regulations as they pertain to bike lanes. Trash collection protocols along bike lanes may also need to be corrected.
This report is a good first step, and I'm glad that the City Auditor did this work. I'm especially supportive of Findings I and II, and Recommendations 1, 2, and 5. However, there are huge gaps in the analysis, given that the report does not once mention bike lanes, nor does it show pictures of trash in bike lanes (examples of this are extremely easy to come by every pickup day), nor does it mention people who have been directly injured or killed by illegal trash set‐outs in bike lanes. Illegal dumping is for sure a health hazard that should be tackled, but the endemic of illegal set‐outs is directly placing the lives of every cyclist at risk on a daily basis. Until the city takes serious steps to course correct, I suspect the city may be liable for implicitly encouraging these dangerous conditions. The report does mention set‐outs a few times, but largely ignores and downplays it, despite being admitted as the #2 complaint.
To illustrate the problem, please acknowledge this needless traffic death:
> On May 15, 2023, at approximately 10:53 PM, patrol Officers responded to the intersection of Lundy Avenue and Rosebriar Way for a report of a person down in the roadway. The preliminary investigation revealed the following:
>
> An adult male riding a motorized scooter was traveling southbound on Lundy Avenue in the bike lane when it struck a brush pile. The male rider was ejected from the scooter. The victim was transported to a local hospital with life‐ threatening injuries. On May 17, 2023, the male was pronounced deceased. >
> This is the 15th fatal collision, and the 16th traffic death of 2023.
Courtesy of SJPD https://www.sjpd.org/Home/Components/News/News/1234/262 This may sound like a random accident, but we in the San Jose cycling community know that this was a preventable tragedy that unfortunately represents business‐as‐usual for San Jose waste management, and we need immediate change before more lives are needlessly lost.
Some people who received this message don't often get email from . Learn why this is important [External Email]
2 It is a nearly daily occurrence for San Jose cyclists (and other micromobility users: scooter riders, "hoverboard" riders, roller bladers, etc.) to find bike lanes blocked by: brush piles, residential trash bins, commercial dumpsters, and more.
Non‐cyclists might not consider this a problem, since cyclists can exit the bike lane to go around the obstacle. This couldn't be further from the truth. Brush piles and trash bins are often dark and non‐reflective and low to the ground, and at night might be invisible to cyclists until the moment they collide with the obstacle, as occurred with this tragedy.
Such collisions can cause serious injury or death. When cyclists do see the obstacles, they may leave the bike lane to avoid it. This puts cyclists at significantly higher risk of vehicle collisions, especially when drivers don't notice the obstacle and aren't expecting the cyclist to veer into the car lane. For a good overview of the problem and solutions, see https://gettingaroundsac.blog/2016/03/11/trashing‐the‐bike‐lanes/ .
Trash set‐outs, including brush piles, residential trash bins, and commercial dumpsters, must adhere to CVC 21211(b) ("No person may place [....] any other object upon any bikeway or bicycle path [....] which impedes or blocks the normal and reasonable movement of any bicyclist") as well as Section 9.10.430 paragraph C. of San Jose's Municipal Code ("No person shall place any garbage container in any place or in any manner such that the container impedes normal vehicular traffic [....] to public rights‐of‐way."). Unfortunately, many San Jose residents, workers, and city staff seem ignorant or indifferent to these regulations and to the safety of cyclists.
The report states "Inspectors are instructed not to self‐initiate cases for bin setout or storage" and "[....] for complaints regarding early set‐out of bins or carts for single family homes. The team first sends a letter to the address with information about the City's rules. An inspector is sent out only if another complaint is submitted for the address less than year from the first complaint." Given the volume of bins that are illegally placed in bike lanes on a daily basis, this policy appears to be woefully insufficient and grossly negligent. It seems doubtful that educational materials are actually being sent to that many violators. This safety issue should be a Priority I issue; inspectors should be mandated to self‐ initiate cases; and education+citations+fines should be handed out much more readily. If necessary, there should be a city‐wide educational campaign regarding bike lanes and set‐outs.
Until the city starts seriously enforcing its own rules (as well as state law CVC 21211(b)), I suspect that the city might be liable for these dangerous bike lane conditions, since the city's inaction is implicitly saying that these life‐threatening conditions do not need to be corrected. Furthermore, I often find that, at the end of a trash collection day, empty trash bins can still be found in bike lanes. Though I've never been able to directly witness this, it seems highly likely to me that the city's trash collection trucks are placing trash containers back into the bike lanes. If this is true, it means that the city itself is in violation of state law CVC 21211(b) and Section 9.10.430 paragraph C. of San Jose's Municipal Code.
I urge the City Auditor, the T&E Committee, and the IWM division not to accept only the current Findings and Recommendations, but to propose additional Findings and Recommendations that can begin to rectify this dangerous and illegal situation in our bike lanes. I hope that the city can act decisively to prevent any more tragic deaths from occuring due to trash obstacles in bike lanes.
Thank you,
Jordan Moldow
District 3
Zip code 95112 (Japantown)
P.S. Trash is far from the only obstacle that creates hazards within bike lanes. IWM cannot, by itself, bring about fully safe bike lanes; that will also require SJPD and Code Enforcement to enforce other bike lane regulations that have nothing to do with waste management. But IWM can, by itself, make significant progress, given how many bike lane obstacles are trash.
This message is from outside the City email system. Do not open links or attachments from untrusted sources. 1 From: Jordan Moldow
Sent: Monday, September 11, 2023 12:35 AM
To: TEPublicComment; City Clerk
Cc: District3; The Office of Mayor Matt Mahan; District4; District 6; city.auditor Subject: Re: Public Comment - Item (d) 2. File # CC 23-167 "Integrated Waste Management Enforcement Program Audit Report. (City Auditor)" - Transportation and Environment Committee 9/11/2023 Exhibit A: Trash bins and dumpsters placed in the bike lanes on 4th St, along the former Viva Calle, just a few hours of the end of the event. Earlier in the day we had a great, safe open street, and by the end of the day that same street is now a death trap for cyclists.
Some people who received this message don't often get email from Learn why this is important [External Email]
2 3
4 5
6 On Mon, Sep 11, 2023 at 12:17 AM Jordan Moldow wrote:
Public Comment from Jordan Moldow (95112; District 3) regarding Item (d) 2. File # CC 23‐167 "Integrated Waste Management Enforcement Program Audit Report. (City Auditor)" ‐ Transportation and Environment Committee 9/11/2023:
I am happy with some of the findings and recommendations in the report. However, I am disappointed that the report completely omits a huge public safety problem: illegal/improper trash set‐outs in bike lanes. There should be additional recommendations added to the report, to address education (both with San Jose city staff; and with residents and workers) and enforcement of trash set‐out regulations as they pertain to bike lanes. Trash collection protocols along bike lanes may also need to be corrected.
7 This report is a good first step, and I'm glad that the City Auditor did this work. I'm especially supportive of Findings I and II, and Recommendations 1, 2, and 5. However, there are huge gaps in the analysis, given that the report does not once mention bike lanes, nor does it show pictures of trash in bike lanes (examples of this are extremely easy to come by every pickup day), nor does it mention people who have been directly injured or killed by illegal trash set‐outs in bike lanes. Illegal dumping is for sure a health hazard that should be tackled, but the endemic of illegal set‐outs is directly placing the lives of every cyclist at risk on a daily basis. Until the city takes serious steps to course correct, I suspect the city may be liable for implicitly encouraging these dangerous conditions. The report does mention set‐outs a few times, but largely ignores and downplays it, despite being admitted as the #2 complaint.
To illustrate the problem, please acknowledge this needless traffic death:
> On May 15, 2023, at approximately 10:53 PM, patrol Officers responded to the intersection of Lundy Avenue and Rosebriar Way for a report of a person down in the roadway. The preliminary investigation revealed the following:
>
> An adult male riding a motorized scooter was traveling southbound on Lundy Avenue in the bike lane when it struck a brush pile. The male rider was ejected from the scooter. The victim was transported to a local hospital with life‐ threatening injuries. On May 17, 2023, the male was pronounced deceased. >
> This is the 15th fatal collision, and the 16th traffic death of 2023.
Courtesy of SJPD https://www.sjpd.org/Home/Components/News/News/1234/262 This may sound like a random accident, but we in the San Jose cycling community know that this was a preventable tragedy that unfortunately represents business‐as‐usual for San Jose waste management, and we need immediate change before more lives are needlessly lost.
It is a nearly daily occurrence for San Jose cyclists (and other micromobility users: scooter riders, "hoverboard" riders, roller bladers, etc.) to find bike lanes blocked by: brush piles, residential trash bins, commercial dumpsters, and more.
Non‐cyclists might not consider this a problem, since cyclists can exit the bike lane to go around the obstacle. This couldn't be further from the truth. Brush piles and trash bins are often dark and non‐reflective and low to the ground, and at night might be invisible to cyclists until the moment they collide with the obstacle, as occurred with this tragedy.
Such collisions can cause serious injury or death. When cyclists do see the obstacles, they may leave the bike lane to avoid it. This puts cyclists at significantly higher risk of vehicle collisions, especially when drivers don't notice the obstacle and aren't expecting the cyclist to veer into the car lane. For a good overview of the problem and solutions, see https://gettingaroundsac.blog/2016/03/11/trashing‐the‐bike‐lanes/ .
Trash set‐outs, including brush piles, residential trash bins, and commercial dumpsters, must adhere to CVC 21211(b) ("No person may place [....] any other object upon any bikeway or bicycle path [....] which impedes or blocks the normal and reasonable movement of any bicyclist") as well as Section 9.10.430 paragraph C. of San Jose's Municipal Code ("No person shall place any garbage container in any place or in any manner such that the container impedes normal vehicular traffic [....] to public rights‐of‐way."). Unfortunately, many San Jose residents, workers, and city staff seem ignorant or indifferent to these regulations and to the safety of cyclists.
The report states "Inspectors are instructed not to self‐initiate cases for bin setout or storage" and "[....] for complaints regarding early set‐out of bins or carts for single family homes. The team first sends a letter to the address with information about the City's rules. An inspector is sent out only if another complaint is submitted for the address less than year from the first complaint." Given the volume of bins that are illegally placed in bike lanes on a daily basis, this policy appears to be woefully insufficient and grossly negligent. It seems doubtful that educational materials are actually being sent to that many violators. This safety issue should be a Priority I issue; inspectors should be mandated to self‐initiate cases; and education+citations+fines should be handed out much more readily. If necessary, there should be a city‐wide educational campaign regarding bike lanes and set‐outs. 8 Until the city starts seriously enforcing its own rules (as well as state law CVC 21211(b)), I suspect that the city might be liable for these dangerous bike lane conditions, since the city's inaction is implicitly saying that these life‐threatening conditions do not need to be corrected. Furthermore, I often find that, at the end of a trash collection day, empty trash bins can still be found in bike lanes. Though I've never been able to directly witness this, it seems highly likely to me that the city's trash collection trucks are placing trash containers back into the bike lanes. If this is true, it means that the city itself is in violation of state law CVC 21211(b) and Section 9.10.430 paragraph C. of San Jose's Municipal Code.
I urge the City Auditor, the T&E Committee, and the IWM division not to accept only the current Findings and Recommendations, but to propose additional Findings and Recommendations that can begin to rectify this dangerous and illegal situation in our bike lanes. I hope that the city can act decisively to prevent any more tragic deaths from occuring due to trash obstacles in bike lanes.
Thank you,
Jordan Moldow
District 3
Zip code 95112 (Japantown)
P.S. Trash is far from the only obstacle that creates hazards within bike lanes. IWM cannot, by itself, bring about fully safe bike lanes; that will also require SJPD and Code Enforcement to enforce other bike lane regulations that have nothing to do with waste management. But IWM can, by itself, make significant progress, given how many bike lane obstacles are trash.
This message is from outside the City email system. Do not open links or attachments from untrusted sources.
2 3
4 5
On Mon, Sep 11, 2023 at 12:17 AM Jordan Moldow wrote:
Public Comment from Jordan Moldow (95112; District 3) regarding Item (d) 2. File # CC 23‐167 "Integrated Waste Management Enforcement Program Audit Report. (City Auditor)" ‐ Transportation and Environment Committee 9/11/2023:
I am happy with some of the findings and recommendations in the report. However, I am disappointed that the report completely omits a huge public safety problem: illegal/improper trash set‐outs in bike lanes. There should be additional recommendations added to the report, to address education (both with San Jose city staff; and with residents and workers) and enforcement of trash set‐out regulations as they pertain to bike lanes. Trash collection protocols along bike lanes may also need to be corrected.
This report is a good first step, and I'm glad that the City Auditor did this work. I'm especially supportive of Findings I and II, and Recommendations 1, 2, and 5. However, there are huge gaps in the analysis, given that the report does not once mention bike lanes, nor does it show pictures of trash in bike lanes (examples of this are extremely easy to come by every pickup day), nor does it mention people who have been directly injured or killed by illegal trash set‐outs in bike lanes. Illegal dumping is for sure a health hazard that should be tackled, but the endemic of illegal set‐outs is directly placing the lives of every cyclist at risk on a daily basis. Until the city takes serious steps to course correct, I suspect the city may be liable for implicitly encouraging these dangerous conditions. The report does mention set‐outs a few times, but largely ignores and downplays it, despite being admitted as the #2 complaint.
To illustrate the problem, please acknowledge this needless traffic death:
> On May 15, 2023, at approximately 10:53 PM, patrol Officers responded to the intersection of Lundy Avenue and Rosebriar Way for a report of a person down in the roadway. The preliminary investigation revealed the following:
>
> An adult male riding a motorized scooter was traveling southbound on Lundy Avenue in the bike lane when it struck a brush pile. The male rider was ejected from the scooter. The victim was transported to a local hospital with life‐ threatening injuries. On May 17, 2023, the male was pronounced deceased. >
> This is the 15th fatal collision, and the 16th traffic death of 2023.
Courtesy of SJPD https://www.sjpd.org/Home/Components/News/News/1234/262 This may sound like a random accident, but we in the San Jose cycling community know that this was a preventable tragedy that unfortunately represents business‐as‐usual for San Jose waste management, and we need immediate change before more lives are needlessly lost.
It is a nearly daily occurrence for San Jose cyclists (and other micromobility users: scooter riders, "hoverboard" riders, roller bladers, etc.) to find bike lanes blocked by: brush piles, residential trash bins, commercial dumpsters, and more.
Non‐cyclists might not consider this a problem, since cyclists can exit the bike lane to go around the obstacle. This couldn't be further from the truth. Brush piles and trash bins are often dark and non‐reflective and low to the ground, and at night might be invisible to cyclists until the moment they collide with the obstacle, as occurred with this tragedy.
Such collisions can cause serious injury or death. When cyclists do see the obstacles, they may leave the bike lane to avoid it. This puts cyclists at significantly higher risk of vehicle collisions, especially when drivers don't notice the obstacle and aren't expecting the cyclist to veer into the car lane. For a good overview of the problem and solutions, see https://gettingaroundsac.blog/2016/03/11/trashing‐the‐bike‐lanes/ .
Trash set‐outs, including brush piles, residential trash bins, and commercial dumpsters, must adhere to CVC 21211(b) ("No person may place [....] any other object upon any bikeway or bicycle path [....] which impedes or blocks the normal
2 3
4 5
6 On Mon, Sep 11, 2023 at 12:44 AM Jordan Moldow wrote:
Exhibit B: Can you spot the invisible trash bin that is blocking the bike lane? Taken on N 7th St, northbound direction, shortly before the intersection with Empire St. Sunday 10 September 2023, around 8pm.
7 8
9 10
On Mon, Sep 11, 2023 at 12:17 AM Jordan Moldow wrote:
Public Comment from Jordan Moldow (95112; District 3) regarding Item (d) 2. File # CC 23‐167 "Integrated Waste Management Enforcement Program Audit Report. (City Auditor)" ‐ Transportation and Environment Committee 9/11/2023:
I am happy with some of the findings and recommendations in the report. However, I am disappointed that the report completely omits a huge public safety problem: illegal/improper trash set‐outs in bike lanes. There should be additional recommendations added to the report, to address education (both with San Jose city staff; and with residents and workers) and enforcement of trash set‐out regulations as they pertain to bike lanes. Trash collection protocols along bike lanes may also need to be corrected.
This report is a good first step, and I'm glad that the City Auditor did this work. I'm especially supportive of Findings I and II, and Recommendations 1, 2, and 5. However, there are huge gaps in the analysis, given that the report does not once mention bike lanes, nor does it show pictures of trash in bike lanes (examples of this are extremely easy to come by every pickup day), nor does it mention people who have been directly injured or killed by illegal trash set‐outs in bike lanes. Illegal dumping is for sure a health hazard that should be tackled, but the endemic of illegal set‐outs is directly placing the lives of every cyclist at risk on a daily basis. Until the city takes serious steps to course correct, I suspect the city may be liable for implicitly encouraging these dangerous conditions. The report does mention set‐outs a few times, but largely ignores and downplays it, despite being admitted as the #2 complaint.
To illustrate the problem, please acknowledge this needless traffic death:
> On May 15, 2023, at approximately 10:53 PM, patrol Officers responded to the intersection of Lundy Avenue and Rosebriar Way for a report of a person down in the roadway. The preliminary investigation revealed the following:
>
> An adult male riding a motorized scooter was traveling southbound on Lundy Avenue in the bike lane when it struck a brush pile. The male rider was ejected from the scooter. The victim was transported to a local hospital with life‐threatening injuries. On May 17, 2023, the male was pronounced deceased. >
> This is the 15th fatal collision, and the 16th traffic death of 2023.
Courtesy of SJPD https://www.sjpd.org/Home/Components/News/News/1234/262 This may sound like a random accident, but we in the San Jose cycling community know that this was a preventable tragedy that unfortunately represents business‐as‐usual for San Jose waste management, and we need immediate change before more lives are needlessly lost.
It is a nearly daily occurrence for San Jose cyclists (and other micromobility users: scooter riders, "hoverboard" riders, roller bladers, etc.) to find bike lanes blocked by: brush piles, residential trash bins, commercial dumpsters, and more.
Non‐cyclists might not consider this a problem, since cyclists can exit the bike lane to go around the obstacle. This couldn't be further from the truth. Brush piles and trash bins are often dark and non‐reflective and low to the ground, and at night might be invisible to cyclists until the moment they collide with the obstacle, as occurred with this tragedy. Such collisions can cause serious injury or death. When cyclists do see the obstacles, they may leave the bike lane to avoid it. This puts cyclists at significantly higher risk of vehicle collisions, especially when drivers don't notice the obstacle and aren't expecting the cyclist to veer into the car lane. For a good overview of the problem and solutions, see https://gettingaroundsac.blog/2016/03/11/trashing‐the‐bike‐lanes/ .
Trash set‐outs, including brush piles, residential trash bins, and commercial dumpsters, must adhere to CVC 21211(b) ("No person may place [....] any other object upon any bikeway or bicycle path [....] which impedes or blocks the