HomeMy WebLinkAbout12/04/2007, BUS 1 - GRAFFITI MANAGEMENT: CURRENT STATUS AND FUTURE PLANS council Mttfi�°w
December 4,2007
acenba Report �N
CITY OF SAN LUI S OBISPO
FROM: Deborah Linden, Chief of Police
Jay Walter, Director of Public Works
Prepared By: Bill Proll. Police Lieutenant
SUBJECT: Graffiti Management: Current Status and Future Plans
CAO RECOMMENDATION
1. Receive a staff presentation regarding enhanced efforts to combat graffiti in the
community and provide added input for staff consideration in developing amore formal
Graffiti Management Plan; and
2. Direct staff to return to Council during the Mid-Year Budget Review in February 2008
with an update regarding completion of the Graffiti Management Plan and
recommendations for any added resources needed to implement the Plan.
REPORT IN BRIEF
Graffiti vandalism in San Luis Obispo has been steadily increasing, especially during the past
year, despite the best efforts by staff from the Police and Public Works Departments and
community volunteers to combat the problem. During the December 4, 2007 Council meeting,
staff will present photographs of the kinds of graffiti we have been experiencing at a variety of
locations within our community.
Staff analyzed the current methods of reporting, investigating and eradicating graffiti, and
researched strategies and "best practices" being used in other communities. As a result, staff
recommends improvements and enhancements to the City's graffiti program, including the
development of a comprehensive Graffiti Management Plan, and modifications to the way
graffiti is reported and removed. Staff is seeking Council input regarding the suggested
improvements and direction to return during the mid-year budget review in February 2008 with
an update and request for additional resources needed to implement the improvements if
necessary.
DISCUSSION
Background
Over the past several years; the problem of graffiti throughout San Luis Obispo County has been
steadily increasing, as it has in many locations throughout the state and nation. In the City of San
Luis Obispo, the problem has been particularly noticeable during the past year when reports of
graffiti have increased dramatically and graffiti vandals have targeted more visible locations,
such as the sides of buildings and billboards. The following graph depicts the number of
reported graffiti incidents in the City of San Luis Obispo during the past five years.
� ' 1
U
Graffiti Management Status Page 2
Graffiti Reports in SLO City
300 266
250
200-e 163 145
150-
100'
50100 I 66
46
2003 2004 2005 2006 2007
Staffs from the Police, Public Works and Parks and Recreations Departments have worked
diligently to combat the problem by increasing law enforcement efforts, removing graffiti in
public areas, encouraging private property owners to clean up graffiti on their property as soon as
possible, and utilizing volunteers to assist with graffiti removal. Despite these efforts, graffiti
vandalism has continued to increase.
In response, staff convened meetings with involved employees and community members to
examine the City's existing approach and to identify areas for improvement. Staff also
researched anti-graffiti methods being used in other communities and examined "best practices"
currently being recommended. This report details staffs findings and makes recommendations
for improving the City's response to graffiti.
What is Graffiti?
Graffiti is the act of defacing public or private property using paint, markers or other tools.
Graffiti, also known as "tagging," is done by a variety of offenders, including young people who
"tag" for thrill and recognition and gang members who use graffiti to identify a specific gang area
or "turf." Graffiti is considered vandalism and is generally a misdemeanor punishable by a fine,
probation, and/or less than one year in the county jail. Graffiti can be charged as a felony if the
vandalism causes greater than $400 in damage. If graffiti is intended to target an individual
because of their race, ethnicity, religion, or sexual orientation, it may be classified as a hate
crime.
In an effort to combat graffiti, State law regulates the sale of spray Paint by requiring merchants
to keep paint locked up and makes it a crime to sell spray paint to anyone under 18 years of age.
Within City jurisdiction, the clean-up of graffiti on private property is regulated by section
17.17.075 of the Municipal Code — Neighborhood Preservation - which prohibits property
owners from maintaining any building, structure or surface upon which graffiti exists. A
violation of this section is an infraction subject to prosecution by the City Attorney.
Graffiti Management Status Page 3
One of the unique challenges associated with this crime is that the presence of graffiti encourages
additional graffiti and vandalism in the same area. The harm caused by graffiti is significant,
including the cost of clean-up and repair, the impact on tourism and property values, and the
general appearance of blight in the community. In order to avoid the rapid spread of graffiti, it
must be cleaned up quickly and continually.
Current Approach to Graffiti
Reporting. Enforcement, and Investi ag tion
The Police Department receives reports of graffiti from community members who call the
Department's Dispatch Center or a recorded graffiti hotline, or from City employees who directly
observe the graffiti and report it to dispatch. The report is screened and a police officer responds
if the graffiti is either in progress, involves a known suspect, causes major damage, appears to be
gang or hate related, or the reporting person requests an officer respond. If it is not necessary to
send an officer, the call is assigned to a Police Department SNAP (Student Neighborhood
Assistance Program) employee who is specially trained to document the graffiti, enter the
information in the City's database used to track code violations (VIOTRAK), and work with City
staff and property owners to ensure the graffiti is cleaned up quickly.
Police Department staff continually attempts to apprehend and prosecute graffiti vandals
whenever possible. Patrol and plain clothed. officers conduct special patrols, process graffiti
scenes for physical evidence, and work to identify suspects by the words, letters or symbols
depicted on the graffiti.
Graffiti Clean-uv Process
The responsibility for graffiti clean up depends on the location of the graffiti. If the graffiti is on
private property, the property owner is responsible for cleaning up the graffiti pursuant to
Municipal Code section 17.17.075 — Neighborhood Preservation. Police Department SNAP
employees notify the property owner of the graffiti and serve them with a notice to clean up or
paint over the graffiti within 72 hours. Most property owners promptly remove the graffiti.
Those who fail to do so are referred to the City Attorney for additional notification and further
action if necessary.
Public Works employees are responsible for cleaning up or painting over graffiti on City
property. Given the scope of physical assets owned by the City - buildings, park facilities and
equipment, bike paths, sidewalks, street furniture, signs and signals, etc. —this is a daunting task.
However, the City does not have staff positions specifically dedicated to graffiti eradication.
Therefore, clean up is conducted by a Public Works employee as part of regular maintenance
duties, usually one day each week. Staff depends on a small cadre of community volunteers to
supplement these clean-up efforts and paint over graffiti more frequently.
Staff has worked closely with Caltrans to ensure prompt cleanup of graffiti on freeway bridges
and signs, and with utility companies when the vandalism occurs on their property or equipment.
One of the most significant clean-up challenges occurs when the graffiti is on Union Pacific
Graffiti Management Status Page 4
Railroad property. Union Pacific will not authorize City staff or volunteers to clean up graffiti on
their property; however the railroad has no program or resources to conduct their own clean-up.
This has been an area of frustration for staff and residents. Another challenge is graffiti on small
private structures within the public right of way. Newspaper racks and utility boxes are the most
frequent targets, and their owners typically do not dedicate resources to keep them clean.
Recently, a small group of dedicated volunteers has been assisting with graffiti removal on public
and private property, which has improved staff's ability to ensure the graffiti is painted over in a
timely manner. Although the use of community volunteers is overall beneficial and greatly
appreciated, there have been some challenges associated with this arrangement, including the
limited ability of staff to manage and oversee the volunteers. In addition to the regular
volunteers, staff has organized volunteer graffiti paint-over days which have focused on areas
which are less visible to the public.
What are Other Cities Doing?
Staff examined the graffiti eradication programs in the Cities of Santa Barbara, Davis, Napa,
Santa Cruz, Palo Alto and.Ventura. In addition, staff has reviewed articles and publications that
discuss effective strategies in combating graffiti. Although each program is somewhat different,
the following common elements and "best practices" were noted:
o Formal, written plan for graffiti eradication and management.
o Multiple reporting methods, including hotlines and on-line or email reporting.
a Public Works primarily responsible for clean-up on public property.
o Graffiti ordinances that make private property owners responsible for clean-up on
their property in a timely manner.
o Use of volunteers to assist or handle clean-up.
a Public education about graffiti reporting and clean-up responsibilities.
o Standardized paint colors for public areas to facilitate painting over of graffiti and
avoiding "patchwork" appearance.
o Agreements with utility and railroad companies regarding the timely clean-up of
graffiti on their property.
In addition to these strategies, some cities contract for graffiti clean-up with private vendors.
Many dedicate significant resources for clean-up, including employing full-time employees and
utilizing computerized paint color matching and mixing.
Strategies for Improvement
It is clear from staff's review of effective practices that the City of San Luis Obispo is employing
some of these strategies; however there is room for improvement. In order to make the City's
program more comprehensive and effective, staff is recommending the following modifications
and enhancements:
1 - �
o
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Create and Adopt a Graffiti Management Plan
The City currently lacks a written Graffiti Management Plan that would formalize the processes
used to report, investigate and eradicate graffiti. A comprehensive plan that clearly identifies the
responsibilities of each City department and community organization or group involved with
graffiti (including volunteer groups) would create clarity for City staff and community members
and reduce duplication of effort. Such a plan would send a strong message that the City is
committed to providing a clean, safe and welcoming atmosphere for all residents, visitors and
workers by aggressively controlling and eradicating graffiti. The plan would be organized
according to the following principles,' and would include specific strategies to support each
principle:
C Rapid Removal of Graffiti: Prompt reporting and removal of graffiti from public and
private property is the most effective way to prevent graffiti from reappearing because
it removes the recognition graffiti vandals crave and demonstrates that the area is
being monitored and maintained.
u Education: Educating students, neighborhood groups, businesses, property owners
and managers, and residents about the problem of graffiti, including the damage
caused, the financial and legal consequences for offenders, and how to report and
clean-up graffiti, has been an effective method for controlling graffiti. Partnerships
with schools and business organizations can greatly enhance educational efforts.
Education for businesses and contractors regarding the securing of spray paint is also
important to reduce access for offenders.
o Prevention: Graffiti can be prevented through the use of vegetation, special surface
coatings, lighting and through the design of new spaces and buildings. Encouraging
prevention strategies through education and during the planning process for new
development can be an effective strategy.
o Enforcement: Consistent and aggressive enforcement of vandalism laws is critical to
identify and apprehend graffiti vandals and to send a strong message that graffiti will
not be tolerated in the community. Enforcement of the Municipal Code pertaining to
clean-up on private property is necessary to ensure prompt eradication of graffiti.
Staying involved with State legislative efforts to support local graffiti enforcement is
also important, as further discussed later in this report.
Staff from the Police and Public Works departments would partner to create the Graffiti
Management Plan, with input and assistance from other departments as needed.
In addition to continuing the current strategies and creating a comprehensive Graffiti
Management Plan, staff is considering the following additional improvements for incorporation
into the plan:
Graffiti Management Status Page 6
Increase and Improve Reporting
Staff has identified a need to create additional ways for community members to report graffiti,
and to improve existing reporting processes. Currently, reports are made by calling the Police
Department Dispatch Center or the graffiti hotline, which is a voice mail box monitored by part-
time SNAP employees. Because SNAP resources are limited, the hotline is not monitored on a
daily basis. Staff will analyze the resources necessary to allow for daily monitoring of the hotline
in order to process reports in a timely manner. Staff would like to explore the possibility of
utilizing on-line reporting through the Police Department website and through a graffiti email
address.
In addition to improving reporting by community members, staff will explore way to increase
reporting of graffiti by City staff in order to make better use of the many "eyes and ears" of our
existing employees. Staff will work with department heads in order to develop easy methods for
employees to report graffiti and to avoid duplicate reports.
Streamline Graffiti Removal
In order to ensure prompt clean-up of graffiti, specific protocols and timelines are needed for
communicating with those responsible for the clean-up, including Public Works staff and private
property owners. At the same time, adequate resources need to be available for the clean-up
duties. Staff will evaluate existing Public Works and volunteer clean-up resources in order to
determine if improvements or enhancements are needed. Staff will examine the feasibility of
establishing clean-up response goals for graffiti on public property, and of using — to the extent
allowed by our design guidelines — a consistent "mend'of common paint colors for public areas
such as poles, benches, retaining walls and similar structural elements.
The clean-up of graffiti is currently regulated by the municipal code section governing
neighborhood preservation. Staff will evaluate whether or not this section is adequate for
holding property owners accountable for the prompt clean-up of graffiti on, their property, or
whether an ordinance specific to graffiti may be necessary.
Ensuring the timely clean-up of graffiti by utility companies and by the railroad on their
properties has been a significant challenge. Staff will explore the possibility of formal
agreements with these entities, especially those that contract with the City for service. In
addition, staff will seek a formal agreement with Union Pacific Railroad to allow for the clean-up
of graffiti on their property, similar to an arrangement currently being used in the City of Santa
Barbara.
Increase Effectiveness of Clean-un Volunteers
The use of community volunteers for cleaning up or painting over graffiti can be very effective,
as evidenced by the work of the current group of very dedicated volunteers. Staff is interested in
growing and organizing the existing volunteer clean-up program by creating clear protocols and
methods of communication, including designating a staff member to oversee the volunteers.
Staff will also examine the concept of volunteers being responsible for specific geographic areas
Graffiti Management Status Page 7
of the City. Along with routine volunteer work, staff intends to increase the number of larger-
scale volunteer "paint-over days" in order to eradicate graffiti in less visible or accessible areas,
such as along creeks and under bridges.
Ensure Effective Legal Sanctions
When graffiti vandals are caught, they are subject to prosecution under State law. In light of the
growing problem of graffiti, staff will research how legal sanctions are being applied in our
community and throughout the State in order to determine if existing law is adequate as a
deterrent and to hold violators accountable for their actions. If staff believes additional sanctions
would be beneficial in helping to curb the problem, staff will work with the District Attorney,
local legislators, and organizations such as the League of Cities to further explore this possibility.
Council Action Requested
As detailed in the CAO recommendation, staff is seeking Council input regarding these strategies
for improvement, especially the creation of a comprehensive Graffiti Management Plan. Staff is
not requesting any additional resources at this time since additional analysis of specific
improvement ideas is required. If Council directs, staff will return to Council during mid-year
budget review with an update on the progress of the Graffiti Management Plan and any requests
for additional resources necessary to implement the plan.
CONCURRENCES
The Director of Community Development concurs with the CAO recommendation. The
Chamber of Commerce, the Downtown Association and Residents for Quality Neighborhoods
are also highly interested in this topic and have been advised of this Council discussion.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ALTERNATIVES
1. Council could direct staff to not make any changes or improvements to the graffiti program.
This alternative is not recommended. Staff has spent a considerable amount of time analyzing
the current processes and believes that improvements and changes are necessary in order to
respond more effectively to the growing graffiti problem.
2. Council may prefer staff to take•a different approach to improve the response to graffiti in the
City, such as contracting for clean-up services or utilizing different processes. Staff can research
ideas presented by Council and return with a report regarding their feasibility and cost.
TACouncil Agenda ReponsTolice CAR\CAR Grafr6 Report 12-4-07 meeting•dop
I _ /
RECEIVED
DEC 0 4 2007.
u!ullllllllllll� enu�uer� M�M� �u�uM SLO CITY CLERK
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DATE: December 4; 2007
TO: City Council
FROM: Mayor Romero
SUBJECT: Communication Item: Chinatown Final Approval Process
It has recently come to my attention that, unless appealed, our development review process
would allow the Architectural Review Commission (ARC) to take the final action on the
Chinatown project. This is because the application requires no further Council action after
review of the EIR (as the application contains no proposed General Plan amendments, rezonings,
subdivisions, or other legislative actions).
While this process typically works well (the Council legislatively establishes the "ground rules"
and if project applications conform to the rules, final approval does not require further Council
legislative action), given the scope of the Chinatown project, I would like the December 18, 2008
Chinatown EIR staff report to provide a path back to Council for final project action. I believe
that this is what the community expects, in this particular case.
In the absence of such a Council role, the likelihood for appeal of the ARC decision to Council is
very high. As such, we can anticipate Council taking final action anyway. Practically speaking,
therefore, my suggestion to plan ahead for final Council action is unlikely to lengthen the process
(and might actually reduce the final approval timeframe by avoiding the required waiting period
for the inevitable appeal).
The staff has informed me that directing such a process is within the prerogatives of the Council.
Therefore, unless there are objections from my fellow Council members, the staff will set forth
such a process in the December 18`h staff report for formal Council concurrence.
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