§ 4.10-2. TELEMATIC VEHICLE TRACKING SYSTEMS.

(a) (1) Except as provided in subsection 4.10-2(a)(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 (a)(1) for equipping vehicles and providing notice shall be June 30, 2020.

(b) The City Administrator and each department head or other City official shall monitor the use of the motor vehicles over which he or she has jurisdiction using the systems, and shall use that information to monitor and analyze subjects such as vehicle cost efficiency, use optimization, and post-incident investigation, and to promote other potential benefits such as increased efficiency, productivity, and improved route management planning.

(c) For purposes of this Section 4.10-2, "motor vehicle" shall mean a motor vehicle as defined in Division 1 of the California Vehicle Code, as amended. "Telematic vehicle tracking system" shall mean 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.

(d) 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 usage and mileage data, to the City Administrator, or his or her designee, at the end of each fiscal year. By October 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.

(e) The City Administrator may, after a noticed public hearing, adopt regulations and guidelines to implement and administer this Section 4.10-2. Subject to the provisions of 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 the requirements would not be feasible or would unduly interfere with the department's ability to discharge its official functions.

(f) If the City Administrator approves an application for a waiver, he or she shall provide written notice of the approval to the Clerk of the Board 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 receipt of such notice, any member of the Board may submit to the Clerk of the Board for introduction a written motion 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 motion is pending at the Board. The approval of an application for a waiver under subsection (e) shall be final when either: the 10 days have passed for a member of the Board to submit a written motion without any member having done so; or, if a Board member has submitted a motion for introduction, the Board adopts a motion affirming the City Administrator's approval of the application for a waiver, or 45 days have passed without the Board adopting a motion reversing the City Administrator's approval. 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 a motion for introduction, the Board adopts a motion reversing the City Administrator's approval of the application for a waiver.

(g) 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 Authority to the extent its requirements would conflict with those laws or otherwise interfere with the discharge of those functions placed under the direct jurisdiction of the department.

(Added by Ord. , File No. 150682, App. 6/24/2016, Eff. 7/24/2016; amended by Ord. , File No. 170096, App. 6/28/2019, Eff. 7/29/2019)