REPORT TO COUNCIL
SUBJECT
Title
Action on Councilmember Watanabe’s Request Related to Illegal Street Racing and Sideshow Activity
Report
BACKGROUND
On March 31, 2019, Councilmember Watanabe (Attachment 1) sent an email to the City Attorney and City Manager requesting an item be placed on the April 9, 2019, City Council agenda related to illegal street racing and sideshow activity. In her email, Councilmember Watanabe also references an ordinance that was passed in 2004.
Per Council Policy 30, Adding and Item to an Agenda (Attachment 2), the Mayor or any individual Council Member may submit a written request to the City Manager’s Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. It is worth noting that the City Council Policy does not require a staff report on the matter, rather the request for it to be added for future consideration.
DISCUSSION
In 2004, calls for police service, traffic accidents and property crimes increased in connection with street racing. From January, 2003 - March, 2004, Public Safety Dispatchers received 153 calls for service for illegal street racing (Attachment 3). Of these, officers responded to 128 reports of races in progress and 25 vehicle accidents as a result of street racing.
On March 23, 2004, the City Council exercised its authority granted by Vehicle Code 21101.4 which allows local authorities to adopt rules and regulations for temporary street closures due to serious and continual criminal activity on portions of the streets recommended for closure by making certain findings (Attachment 3). Based on these findings, the Council adopted an ordinance (Attachment 4) which was operative for eighteen (18) months from adoption. According to the staff report from 2004, with the passage of this ordinance the Police Department was able to temporarily close streets in order to prevent illegal street racing on affected City streets. In addition, the ordinance allowed the City Attorney's Office to prosecute any person who illegally entered or remained on a closed City street. It was not necessary for police officers to observe illegal street racing, or engage in dangerous high-speed pursuits in order to enforce existing laws against street racing.
The Council did have authority pursuant to State law to extend the operative period by resolution; however, no further Council action was, or has been, taken and, therefore, it became inoperative in 2006.
When Public Safety Dispatchers are made aware of a call for service for street racing or sideshow activity, Dispatchers deploy available officers to the scene. Depending on the details provided by the reporting party, Dispatchers may notify officers of the situation via radio traffic or their mobile data computers because radio traffic can be heard by individuals on police scanners. The police response generally causes the group of racers and associated on-viewers to disperse. Officers issue citations to as many individuals as possible. Meanwhile, Public Safety Dispatchers broadcast the direction of travel of the street racers to the appropriate neighboring law enforcement agencies.
A preliminary Computer Aided Dispatch report from April 1, 2017 to April 1, 2019, indicates Public Safety Dispatchers received 135 calls for service about street racing. Additional time is required to analyze trends over time, frequency of occurrence by areas in the City as well as to pull each event and articulate their outcomes (e.g. gone on arrival, officer made contact, police report written, citation issued, vehicle accident as a result of street racing, arrest, etc.) and whether some of these calls were for the same incident. Beyond the analysis of call for services data, the development of a policy recommendation for Council consideration requires staff capacity from various departments such as Public Works (Traffic Engineering Division), City Attorney’s Office, and the City Manager’s Office.
At the January two-day City Council Operational and Strategic Priority Setting Session, staff discussed departmental workplans and major strategic issues our organization is facing. After the two-day session, as agreed by the Council, the City Manager received input of individual Councilmember priorities. As part of the release of the FY 2019/20 and FY 2020/21 Proposed Operating Budget, the City Manager will release a list of approximately 50 Council priorities. Currently, staff is finalizing which of these priorities can be addressed within existing resources, require additional resources, or exceed staff and funding capacity. This item is not included, as it surfaced after that discussion and has not been considered against other work schedule or priorities.
Therefore, if the Council would like staff to explore the issue of street racing and sideshow activity further, staff recommends adding this item to the list of approximately 50 Council priorities for consideration during the upcoming budget cycle. As another option, staff could analyze the process for making operative the prior ordinance which allows the allowance of street closures: but, similarly, it would need to be absorbed within current capacity.
In the interim, the Police Department will focus on the prevention of illegal street racing and the enforcement of vehicle code violations related to this illegal activity. If needed, the Police Department will deploy additional officers, on overtime, to address street racing in the designated footprint. The results of this additional prevention and enforcement will be communicated to the Council in summer 2019.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no fiscal impact other than staff time for preparing this report. Depending on Council action, a fiscal impact will be determined in the future.
COORDINATION
This report has been coordinated with the Traffic Engineering Division, City Attorney’s Office, City Manager’s Office and Police Department.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Staff makes no recommendation.
Staff
Reviewed by: Michael J. Sellers, Chief of Police
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Email from Councilmember Watanabe
2. Council Policy 30, Adding and Item on the Agenda
3. March 23, 2004, Council Report - Addition of Chapter 10.07 to the City Code
4. Ordinance Chapter 10.07 of the City of Santa Clara Municipal Code