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(a) Definitions. For purposes of this Section 4.10-2, the following terms have the following meanings:
Motor Vehicle has the meaning set forth in Division 1 of the California Vehicle Code, as amended from time to time.
Telematic Vehicle Tracking System means a system that combines the use of automatic vehicle location equipment in individual vehicles with software that monitors in real time the location, movements, and status of a vehicle or fleet of vehicles to provide a comprehensive picture of vehicle locations and usage.
(b) Equipping Motor Vehicles With Telematic Vehicle Tracking Systems.
(1) Except as provided in subsection 4.10-2(b)(2), by no later than January 1, 2017, the City Administrator and each department head or other City official with jurisdiction over motor vehicles shall cause those vehicles to be equipped with telematic vehicle tracking systems. The City Administrator, department head or other City official having jurisdiction shall prepare a notice that telematic vehicle tracking systems have been installed in the vehicles and shall disseminate that notice to affected employees at the same time the systems are installed.
(2) For vehicles used by the Police Department, the Sheriff’s Department, the Adult Probation Department, or the Juvenile Probation Department for law enforcement purposes, or used by the District Attorney’s Office or the City Attorney’s Office for investigations, the deadlines set forth in subsection(b)(1) for equipping vehicles and providing notice shall be June 30, 2020.
(c) Monitoring and Data.
(1) Monitoring and Analysis by Departments. The City Administrator and each department head or other City official shall monitor the use of the motor vehicles over which the City Administrator or other official has jurisdiction, using telematic vehicle tracking systems. Each such official shall use that information to monitor and analyze subjects such as vehicle cost efficiency, speeding, use optimization, collisions, and post-incident investigation, and to promote other potential benefits such as increased safety, efficiency, productivity, and improved route management planning. The City Administrator shall establish and implement policies to ensure that department heads and other City officials adequately report on all vehicle performance metrics listed in this subsection (c)(1) to optimize results.
(2) Monthly Reporting.
(A) Unless excused by the City Administrator as provided in subsection (c)(2)(C), by no later than the first day of each month beginning January 1, 2021, each department head or other City official required to monitor information under subsection (c)(1) shall submit to the City Administrator data obtained from telematic vehicle tracking systems during the preceding month regarding each of the following: (i) speeding by motor vehicles in excess of the legal speed limit; (ii) the amount of time that motor vehicles spent idling; (iii) motor vehicle emissions; (iv) motor vehicle maintenance needs; (v) overall utilization of motor vehicles by the department or agency; and (vi) the assignment of take-home vehicles and incidents of non-compliance with Section 4.11. By the same deadline, each department head or other City official shall also submit to the City Administrator a report regarding each collision involving a motor vehicle under their jurisdiction during the reporting period.
(B) The City Administrator shall provide to each such department head or official methods to submit the information required by subsection (c)(2)(A) in electronic format, which may include providing templates to allow the department head or official to report the required information.
(C) The City Administrator may excuse a department or office from the monthly reporting requirement in subsection (c)(2)(A) if the City Administrator otherwise receives information required by that subsection from the department or office more frequently than once a month.
(3) Annual Reporting.
(A) Each department head or other City official with jurisdiction over motor vehicles shall submit a report with aggregate telematic data for those vehicles, including but not limited to the information described in subsection (c)(2), to the City Administrator by April 1 each year. The report shall include data for the current fiscal year, and shall include data for the preceding five years or for the period since the telematic equipment was initially installed in the department’s vehicles, whichever is shorter.
(B) By May 1 of each year, the City Administrator shall submit to the Mayor and the Board of Supervisors a report on aggregate motor vehicle use to promote efficient and safe operation of the City’s motor vehicle fleet. The City Administrator’s report shall include, but need not be limited to, information for each City department with jurisdiction over motor vehicles regarding speeding in excess of the legal speed limit; the amount of time that motor vehicles spent idling; emissions; maintenance; collisions; overall utilization of motor vehicles; the assignment of take-home vehicles and incidents of non-compliance with Section 4.11; correction plans implemented under subsection (d); and the implementation of those plans. In the City Administrator’s discretion, the report may cover the period of either the preceding 12 months or the current fiscal year to date. The report shall also include comparative data for each department covering the previous five years or the period since the telematics equipment was initially installed in the Department’s vehicles, whichever is shorter. The City Administrator’s report may include recommendations for future amendments to this Chapter 4 to improve the safety and efficiency of the City’s use of vehicles.
(d) Correction Plans. Within 60 days of the effective date of the ordinance in Board File No. 201062 adopting this subsection (d), each department with jurisdiction over motor vehicles shall develop and submit to the City Administrator a correction plan to implement the principles of the City’s Vision Zero strategy to reduce speeding, idling, and collisions in motor vehicles used by the department. Based on information received by the City Administrator under subsection (c), the City Administrator may require a department to report on the implementation of the correction plan within 60 days of the City Administrator’s request, or earlier if so requested by the City Administrator. Within six months after the implementation of a correction plan to the City Administrator, the department shall submit a report to the City Administrator on the department’s efficacy in the implementation of that plan, including the number of employees who have received training under the plan.
(e) Regulations and Guidelines. The City Administrator may, after a noticed public hearing, adopt regulations and guidelines to implement and administer this Section 4.10-2. The City Administrator’s regulations and guidelines shall include directions to City departments to provide written notification to individual employees who have engaged in driving activities that are dangerous or unreasonable, as defined in the regulations or guidelines.
(f) Waiver of Requirements.
(1) Subject to the provisions of this subsection (f), the City Administrator may waive the requirements of this Section 4.10-2, in whole or in part, upon written application by the department head or other City official with jurisdiction over motor vehicles, where the City Administrator concludes that compliance with some or all of the requirements would not be feasible or would unduly interfere with the department’s ability to discharge its official functions.
1 If the City Administrator approves an application for a waiver, the City Administrator shall provide written notice of the approval to the Clerk of the Board of Supervisors within five business days of the approval, and the Clerk of the Board shall forward such notice to all members of the Board of Supervisors. Within 10 business days of the Clerk of the Board providing such notice to members of the Board, any member of the Board may submit to the Clerk of the Board for introduction an ordinance to approve or reject the waiver. The City Administrator, department head, or other City official having jurisdiction shall not install the telematic vehicle tracking system that is the subject of the waiver while such ordinance is pending at the Board.
(3) The City Administrator’s approval of an application for a waiver shall be final when either: the 10 days have passed for a member of the Board to submit an ordinance pursuant to subsection (f)(2) without any member having done so; or, if a Board member has submitted an ordinance for introduction, the Board adopts an ordinance affirming the City Administrator’s approval of the application for a waiver and such ordinance becomes effective, or 60 days have passed without the City finally enacting an ordinance reversing or modifying the City Administrator’s approval.
(4) Rejection of an application for a waiver shall be final when either: the City Administrator rejects the application; or, if the City Administrator has approved the application and a Board member has submitted an ordinance for introduction, the Board adopts an ordinance reversing or modifying the City Administrator’s approval of the application for a waiver.
(g) Applicability of Section. Consistent with the Charter and other applicable State and Federal law, this Section 4.10-2 shall not apply to the Public Utilities Commission, Airport, Port, or Municipal Transportation 1 to the extent its requirements would conflict with those laws or would otherwise interfere with the discharge of those functions placed under the direct jurisdiction of the department.
1. So in Ord. 225-20.