ZĞƋƵĞƐƚĨŽƌWŽůŝĐLJŶĂůLJƐŝƐ;ŽƵŶĐŝůZĞĨĞƌƌĂůƐͿ
Department Rules Date Item Department Rep. Name/Ext. Councilmember Sponsorship Policy/Ordinance Subject Staff Recommendation܆ GREEN Adopt based on tradeoffs
outlined on next page
܆ YELLOW
efer to ĂůĂƚĞƌĚĞƐŝŐŶĂƚĞĚ
ĚĂƚĞŽƌƚŚĞĂŶŶƵĂůƵĚŐĞƚWƌŽĐĞƐƐ
܆ 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, strategic support͕ŽƌƌĞƉƌŝŽƌŝƚŝnjŝŶŐĞdžŝƐƚŝŶŐǁŽƌŬƉůĂŶ? ܆ Yes
܆ No
Criterion to Determine Scale of Project ComplexityProject 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 =
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.
Required
܆ 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: Date
Fire 8/7/2024 C.4 (24-644)Robert Sapien, Jr. Arjun BatraIllegal Fireworks Ordinance 10 /s/ Lee Wilcox 8/6/2024
✔
✔
✔
✔
AnalysisExplain the rationale for staff recommendation, including any mitigating factors that 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? YELLOW LIGHT: ĚŵŝŶŝƐƚƌĂƚŝŽŶƌĞĐŽŵŵĞŶĚƐŽƵŶĐŝůĚĞĨĞƌƚŚŝƐŶŽŵŝŶĂƚĞĚŝĚĞĂƚŽĂůĂƚĞƌĚĞƐŝŐŶĂƚĞĚĚĂƚĞŽƌƚŚĞĂŶŶƵĂůƵĚŐĞƚWƌŽĐĞƐƐĚƵĞƚŽ;ĚĞƐĐƌŝďĞĐŽƐƚŝŵƉůŝĐĂƚŝŽŶƐ͕ǁŽƌŬůŽĂĚŝŵƉĂĐƚƐ͕ŽƌŽƚŚĞƌĨĂĐƚŽƌƐͿRED 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.).
The City of San José has an existing Fireworks Ordinance Work Plan for which regular progress updates were made to the Public Safety, Finance, and Strategic Support (PSFSS) Committee. Rather than holding a Study Session, staff recommend adding an ordinance work plan update to the FY 2024-2025 PSFSS Committee Work Plan. The purpose of this update would be to provide the Committee a status report of the City's Fireworks Ordinance Work Plan, and staff's ongoing efforts to implement strategies towards the prevention of illegal fireworks displays in San José.
Analysis (Continued)
[Illegal Fireworks Ordinance Work Plan Background] Over the course of 40 years, the City of San José developed and implemented strategies to deter the transport, storage, and use of illegal fireworks. In 1984, the City Council voted to amend the San José Municipal Code to ban all fireworks, including “safe and sane” fireworks, with the exception of controlled public fireworks displays operated by a licensed pyrotechnician pursuant to a permit issued by the Fire Department. In August 2014, the City Council directed the City Manager to make changes to fireworks enforcement after several years of increasing noise and safety complaints from residents. Both the Fire and the Police Departments were directed to look for enforcement mechanisms that might slow and eventually contain the illegal sale, use, possession, and storage of fireworks. In June 2015, the City Council directed the City Manager to establish a framework to cite, fine, and adjudicate the use, possession, sale, advertisement for sale, transportation, and/or manufacturing of fireworks. On October 27, 2020, the City Council first directed the City Manager to complete 10 action items for the Fireworks Ordinance Work Plan, out of which 7 are completed, and 3 are in-progress/ongoing. Adding an Illegal Fireworks Ordinance Work Plan update to the PSFSS Committee Work Plan will ensure the Council Committee is aware of the ongoing efforts to address the remaining work plan items.