Loading...
HomeMy WebLinkAbout04/19/2011, STUDY SESSION 1 - MEASURE Y UPDATE ON PUBLIC SAFETY (POLICE) AND NEIGHBORHOOD WELLNESS MAJOR CITY GOALS council Me,*Da May 6.2008 j acenaa Repoat �N i CITY OF SAN LUIS O B I S P O FROM: Deborah Linden, Chief of Police John Mandeville, Community Development Director SUBJECT: MEASURE Y UPDATE ON PUBLIC SAFETY (POLICE) AND NEIGHBORHOOD WELLNESS MAJOR CITY GOALS CAO RECOMMENDATION Receive a report updating Council on the progress of the 2007-09 Major City Goals to increase public safety and code enforcement services to City neighborhoods, and provide direction to staff prior to new programs being implemented. REPORT-IN-BRIEF The passage of Measure Y (a '/2 cent increase in local sales tax) in November 2006 has allowed the Council to invest substantially more resources in priority areas identified by the community before and during the Measure Y information campaign. Those priorities include police protection in neighborhoods, traffic enforcement and neighborhood code enforcement. These service priorities were included by Council in the adoption of the FY 2007-09 Major City Goals concerning public safety and neighborhood wellness. Since the establishment of these goals, staff from the Police and Community Development Departments has worked to develop strategies and programs to most effectively implement them. Both Departments have hired additional positions approved with the budget and are in the process of training the new employees. Planned operational changes designed to implement the goals include: ■ Creating a new Neighborhood Policing Team to improve police services to neighborhoods ■ Modifying procedures concerning noise violations ■ Enhancing City ordinances related to underage drinking ■ Increasing and refocusing traffic and DUI enforcement efforts ■ Increasing reporting and enforcement of neighborhood code violations ■ Establishing code enforcement priorities ■ Improving response times to code violations ■ Enhancing signage education and enforcement • Conducting cross training with other departments regarding code enforcement and reporting • Reviewing existing code fine and fee structures ^ 1 UPDATE ON PUBLIC SAFETY(POLICE)AND NEIGHBORHOOD WELLNESS MAJOR CrrY GOALS Page 2 Staff has collaborated with other City employees, neighborhood residents, community groups, students and business groups in creating these strategies and the feedback received has been positive and supportive of these changes. DISCUSSION Background As a result of the passage of Measure Y in November 2006, the Council adopted two Major City Goals related to neighborhood safety and wellness as part of the 2007-09 Financial Plan: Public Safety Service Levels: Improve public safety service levels, with an emphasis in police services on neighborhood patrols (particularly at night) and traffic safety; and on prevention and training in fire services. Neighborhood Wellness: Increase building and.zoning code enforcement to promote neighborhood wellness and community appearance. Since that time, staff from the Police and Community Development Departments has worked to develop strategies designed to successfully implement these goals. The purpose of this report is to update Council on the progress of these efforts, and to receive feedback and direction from Council prior to implementation of new programs. This report will focus on the Police portion of the Public Safety Goal and on our Code Enforcement Program as a component of neighborhood wellness. Progress of Public Safety Service Levels Goal(Police portion) Staffing In order to provide resources to help achieve the Public Safety goal, Council authorized the addition of seven positions in the Police Department(including the restoration of three positions that had been eliminated in previous financial plans): four police officers, one traffic (motorcycle) officer, one communications technician, and one administrative lieutenant. All but one of the officer positions have been filled,however several of the new employees are still in training. The Department is actively recruiting for the last position. Program Development In order to determine how best to implement the neighborhood and traffic safety portions of the Public Safety Goal, two work groups were created involving a wide cross section of employees and stakeholders. Through a series of meetings and discussions, and input from many other stakeholders,the groups developed several strategies to improve police services to the neighborhoods and increase traffic safety throughout the City. UPDATE ON PUBLIC SAFETY(POLICE)AND NEIGHBORHOOD WELLNESS MAJOR CITY GOALS Page 3 Neighborhood Policing Strategies Staff has designed a new Neighborhood Team consisting of four officers who will work collaboratively with neighborhood residents and groups to focus on reducing crime and . disturbances in the neighborhoods. The mission of the Neighborhood Team will be to work proactively and in partnership with City residents to improve the quality of life in our neighborhoods by decreasing disturbances and crime-related problems. The Team will primarily be deployed on Wednesday through Saturday evenings; however their schedule will be flexible to accommodate a variety of duties. Each Neighborhood Team Officer will be assigned certain neighborhood beats for which they will act as Beat Coordinator, working.directly with residents to identify problems and crime trends that negatively impact the quality of life for residents, and to develop and implement strategies to address these problems. The duties of the Neighborhood Team Officers will include: ■ Developing andimplementing prevention and enforcement strategies to address neighborhood problems and crimes. Y Working with the Neighborhood Services Manager to organize meetings with neighborhood residents to identify issues and exchange information. v Reducing response times to noise and party calls. • Communicating closely with patrol officers about neighborhood problems and activities. e Educating residents regarding noise and alcohol issues. Working with property owners/managers to reduce problems at their properties. ® Being accessible for contact by neighborhood residents by telephone and email. ■ Preparing periodic beat updates summarizing issues and activity in assigned beats. ji Responding to emergency and routine calls for service. In addition to the development of the Neighborhood Team, staff intends to implement the I ollowing modifications to existing procedures concerning noise and party disturbances: 1. Early Contact/Intervention: Officers will make pro-active contact with residents who appear to be planning large gatherings, or who have had frequent complaints lodged against them for noise or similar violations. The officers will discuss residents' responsibilities regarding City noise and social host ordinances in order to help them avoid police response and citations. 2. Officers Provide Initial Response_to Violations: Currently, violators of the City noise ordinance are issued a written warning by a SNAP employee (Student Neighborhood Assistance Program) and an officer responds only if the violation recurs within 12 hours. On weekend nights, complaints often stack up awaiting the availability of SNAP to respond. The addition of the Neighborhood Team should allow faster response to complaints by sending an officer to initial violations when available if SNAP is otherwise occupied. 3. No Complaint Needed for Repeat Violators: Currently, Police employees do not issue a warning or citation for a noise violation unless a complaint is first received from a neighbor, even if the violator has received warnings or citations in the past. Staff intends I - 3 1 UPDATE ON PUBLIC SAFETY(POLICE)AND NEIGHBORHOOD WELLNESS MAJOR CITY GOALS Page 4 to allow officers to issue "on-view" citations for noise violations to offenders who have repeatedly violated the noise ordinance in the past, without the necessity of a neighbor complaint. Staff has received feedback from many residents that they grow tired of calling about the same location, or fear retaliation from violators for reporting them to the police. This change will facilitate pro-active enforcement of noise violations for individuals who have already demonstrated a pattern of repeat violations. 4. "No Warning" Periods: Staff has received input from neighborhood residents that noise violators believe they are entitled to a warning before receiving a citation, even though a warning is not legally required. Staff believes this perception contributes to the very large number of noise complaints received each year(more than 3000 complaints annually). In order to change this perception, staff intends to implement periods of"no warning" for noise violations,during which officers will issue citations for first offenses rather than warnings. These "no warning" weekends and periods will likely coincide with times when violations are traditionally at their highest, such as the beginning of the school year. Staff will announce these periods in advance via the media so residents can ensure they comply with the noise regulations in order to avoid a citation. Staff will monitor the effectiveness of the "no warning" periods in order to determine whether or not they should be continued,expanded or conducted without prior notice. Noise and Alcohol-Related Ordinances Staff continues to research and discuss options for creating more effective legal tools to better address noise violations and underage/excessive drinking behavior. This has proved to be a complex project with many different possible approaches, and the need for extensive staff and stakeholder involvement is high. Some of the legal strategies staff is researching include: 1. Modifying the existing social host ordinance to more easily hold accountable party hosts who allow underage drinking, and increase penalties for violations. 2. Holding property owner; financially responsible for repeat noise or alcohol-related violations at their properties, in addition to the fines and fees levied against the tenants. 3. Creating a nighttime curfew ordinance for juveniles under 18 years old in order to prevent crime involving juveniles and decrease the presence of juveniles at parties where alcohol is being served. Staff has noted that the City is the only jurisdiction in the County (and surrounding counties)that does not have a nighttime curfew for juveniles. . 4. Reviewing existing penalties for violation's of the noise ordinance to determine if they are sufficient to discourage violations. Staff has modified the completion date for this portion of the Major City Goal work plan to November 2008 in order to allow sufficient time to develop recommendations for Council and to ensure students have an opportunity to comment before Council if they desire. Trafflc Safety ShWegies Many of the strategies developed by the Traffic Work Group pursuant to the Public Safety Major City Goal have been implemented by the Police and Public Works Departments, including the following: UPDATE ON PUBUC SAFETY(POLICE)AND NEIGHBORHOOD WELLNESS MAJOR CITY GOALS Page 5 1. Collaboration with Public Works: Staff from the Police and Public Works Departments has agreed on methods to increase collaboration between the Departments regarding traffic safety issues, including holding regular meetings to review progress. A new format for the annual Traffic Safety Report has been developed that will better integrate activities and statistics from both departments. 2. Focused Enforcement: Traffic and patrol officers have been concentrating their enforcement efforts on a different geographic area or type of violation each week in order to be highly visible and reduce violations and collisions. I. DUI Patrols and Checkpoints: Staff has utilized grant funding from the Office of Traffic Safety to conduct special nighttime DUI patrols and DUI checkpoints. 4. Frequent Violator "Hotlist": A "hotlist" of offenders who repeatedly drive with a suspended driver's license is distributed to traffic and patrol officers who take enforcement action if the violators are seen driving. In addition to these operational strategies, the Police Department has begun the implementation of the grant-funded E-Citation/E-Collision Reporting technology, beginning with the Police motorcycles. The Traffic Work Group is currently working on developing a comprehensive media plan to distribute traffic safety information to community members. The Team has also begun researching traffic technologies such as red light cameras. If staff determines that red light cameras may be beneficial in the City, staff will make appropriate recommendations to the CAO and Council during the 2009-11 financial planning process. Stakeholder Feedback On January 29, 2008, staff presented these proposed neighborhood and traffic safety,strategies at an open community meeting, which was televised live and rebroadcast. Staff received very positive feedback from.neighborhood residents at the meeting and during subsequent contacts. On March 20, 2008, Chief Linden presented these strategies at a Student Community Liaison Committee (SCLC) meeting where attendees were supportive of the changes. Student leaders particularly appreciated the role of the new Neighborhood Officers in conducting pro-active outreach and education with students to help them avoid violating ordinances and receiving citations. Next Steps Several of the proposed actions necessary to implement the new Neighborhood Team could potentially affect the wages, hours or working conditions of the officers selected for the Team. Therefore, the City is legally required to meet and confer with the San Luis Obispo Police Officers' Association (POA) regarding these actions. Chief Linden has initiated contact with the POA to begin the meet and confer process. Once these issues are settled, the new Neighborhood Team will be implemented. UPDATE ON PUBLIC SAFETY(POLICE)AND NEIGHBORHOOD WELLNESS MAJOR MY GOALS Page 6 Progress of Neighborhood Wellness Goal Staffing and Training Prior to hiring one additional staff member, the Chief Building Official revised the job description and recommended developing an entry-level position for code enforcement. The Human Resources Department agreed with the strategy and a Code Enforcement Officer I was hired in November 2007. Through this effort the Building& Safety Division is better able to fulfill succession planning goals and provide a career series for Code Enforcement which is consistent with the Building Inspector IM career series. The new employee has received adequate training to work independently and assume the majority of the job duties with little oversight. Program Development In October 2007, Council was shown a Draft Neighborhood Wellness Plan that was developed after numerous meetings with enforcement and Neighborhood Services Team (NST) staff, and with feedback from members of the Student Community Liaison Committee and neighborhood groups. The plan identifies key objectives, issues and strategies to guide staff and provide enhanced service to the neighborhoods. The objectives of the Neighborhood Wellness Work Plan are: 1. Increase code enforcement activities in order to enhance neighborhood wellness and community appearance 2. Expedite case management activities such as fewer days to perform initial 'investigation and processing notice of violation letters. 3. Develop violation prevention programs, cross-training of personnel and community outreach programs. 4. Increase outreach efforts in commercial areas order to maintain appearance standards for these areas within the City. The following areas of Code Enforcement have been established as priorities during this early phase of enhanced staffing: ■ Illegal Conversions • Property Maintenance Standards (Neighborhood Preservation) • Working Without a Permit ■ High Occupancy Residential Use Permits ■ Sign Violations ■ Tall Fences or Hedges (Safety Violations) Staff has begun to implement all of the key objectives and priorities of the plan and is experiencing excellent results. I —W UPDATE ON PUBLIC SAFETY(POLICE)AND NEIGHBORHOOD WELLNESS MAJOR CM GOALS Page 7 Neighborhood Code Enforcement Strategies Staff has established districts for the Code Enforcement Officers that utilize the same boundaries as the inspection districts used by Building Inspectors. As a result, Building Inspectors are readily available to assist with investigations and make important decisions regarding code compliance. Code Enforcement Officers have an established beat and can quickly recognize when problems arise; such as work without a permit, allowing quick intervention to ensure work is in compliance with the codes and assist the public through the permitting process. Staff will be able to develop outreach programs for neighborhood and community groups to share information, solicit feedback regarding common nuisances or code violations, and develop strategies to help resolve them before they become intolerable. With our additional Code Enforcement resources, staff has achieved the following results: ■ Improve complaint reporting, including cross-departmental reporting. ■ Investigate complaints in a timelier manner. ■ Send Notices of Violations within five days of investigation, rather than seven days. ■ Provide same day response to reports of working without a construction permit. Participate in cross-training with other departments. Enhanced Signage Enforcement Signs located in the Right-of—Way (R/W) can be hazardous by limiting visibility or becoming a distraction for drivers. The Code Enforcement Office has worked proactively with the Public Works Department to abate these sign nuisances. Staff has abated over 100 illegal signs within the R/W during the past year. This number is up significantly from prior years. Other less serious sign violations are addressed by issuing a notice of violation along with a warning to the business that subsequent violations may result in confiscation of the sign or a fine. Business owners are referred to the Planning Department to obtain information regarding options for more permanent signage. Staff plans to further improve the signage program by distributing sign regulation brochures to business license applicants and mailing information to local businesses. Once adequate information has been distributed to local businesses, staff will work with businesses and community members to develop firm, fair and consistent sign enforcement strategies,which may include routine patrols, warnings and potentially fines. Increased Reporting and Patrols One of the key objectives of the Neighborhood Wellness Work Plan is to develop strategies to increase reporting of potential violations. Staff has actively pursued this goal by incorporating code enforcement topics in internal staff meetings, and meeting with other departments such as Fire, Public Works, and Utilities to provide training and discuss code enforcement issues. In addition, Code Enforcement staff is now tracking internal referrals that originate from other City departments in order to proactively identify egregious violations and to measure the effectiveness of cross-training efforts. UPDATE ON PUBLIC SAFETY(POLICE)AND NEIGHBORHOOD WELLNESS MAJOR CITY GOALS Page 8 i Code Enforcement staff has conducted follow-up work on the weekends on a case-by-case basis in order to enhance compliance and enforcement'efforts. Staff plans to meet with community and business groups during May 2008 to determine whether or not this strategy has been beneficial and should continue. Evaluation of Existing Code Enforcement Fees On October 1S`, 2002, Council adopted several ordinances that established the current fines and fees for code violations, including: ■ Ordinance 1424: Enables the City Attorney to file a Civil Action with.the courts and establishes a fine in the amount of$250.00. Ordinance 1425: Authorizes recovery of Attorney's fees in code enforcement actions. • Ordinance 1426: Allows the City to fine violators in increasing amounts via the Administrative Citation process, as follows: • $100.00 for each first violation. $200.00 for the second violation occurring within twelve months. ■ $500.00 for the third violation, or additional violations thereafter occurring within twelve months of the first violation. The preamble of Resolution 9366 related to these ordinances reads, "the City has and shall continue to employ the philosophy of voluntary compliance when seeking compliance with this code." The purpose statement contained in Municipal Code section 1.24.010 contains similar language. The section continues with very specific guidance to staff regarding implementation of the fines: "Prior to implementation of the enforcement policies and penalties stated herein, voluntary compliance approaches, when practical, should first be used to educate City property owners and businesses concerning the requirements of the Code and the corrective action necessary to correct a violation of this Code." City staff has incorporated this philosophy of "voluntary compliance" into the Administrative Citation process, including notifying community members of the code regulations and in most cases, issuing a warning prior to resorting to fines for violations. Staff also continually works to find the best resolution to code violations that fulfills the goals of the City General Plan, complies with applicable codes and ensures the rights of the property and business owners are respected. In .addition to the fine structure contained in the Municipal Code, on April 20, 2004 Council adopted Resolution 9558 which established the following fees that may be assessed for code enforcement cases in order to achieve partial cost recovery: ■ Investigation fee equal to the building permit fee. • Code Enforcement fee of$289.35 when violator is uncooperative. During the next several months, staff will be reviewing these various fines and cost recovery fees to determine whether or not modifications are necessary in order to increase compliance in code violation cases. Staff will engage stakeholders from the community and other City Departments in this review. UPDATE ON PUBLIC SAFETY(POLICE)AND NEIGHBORHOOD WELLNESS MAJOR CITY GOALS Page 9 Stakeholder Feedback/Program Refinements On January 29, 2008, staff presented information regarding the Neighborhood Wellness program to community members attending an open neighborhood meeting regarding the uses of Measure Y sales tax revenue. Feedback received from attendees was positive and indicated that staff's efforts are on-track with the overall goal, Through future updates to Council and meetings with neighborhood and community groups, staff will continue to solicit feedback and make program refinements as needed in order to keep the program consistent with the goals and expectations of the community. FISCAL IMPACT All resources necessary to implement the strategies described in this report are included in the 2007-09 Financial Plan. TACouncil Agenda-Reyorts\Police CAR\CAR Neighborhood Policing&Code Enforcement Major City Goal Study Session 5-6-08.DOC t '9