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HomeMy WebLinkAboutNB 3 GRAFFITI REMOVAL 12-06-93AGENDA NEW BUSINESS NO. 3 2-6-93 Intor-Com DATE: DECEMBER 6, 1993 TO: FROM: SuBjECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT GRAFFITI REMOVAL AGREEMENT (COUNTY OF ORANGE) RECOMMENDATION It is recommended that the City Council authorize the Mayor to execut~ t~ Graffiti Removal Agreement authorizing the County to remove graffiti in and adjacent to the flood control channels at no cost to the City. FISCAL IMPACT The execution of the agreement and subsequent graffiti removal would not result in additional expenditures of City funds. BACKGROUND Recently, the City received correspondence (copy attached) from the County of Orange transmitting information regarding the action taken by the Board of Supervisors to expand the County's Graffiti Abatement Program. The program will now include the removal of graffiti from private fences/walls that abut the County's flood control channels in addition to the existing program which removes graffiti in the flood channel. · Currently, the City has a graffiti removal program that uses City Public Works Department staff for areas adjacent to or in the public right-of-ways. The City also contracts with a private removal company for graffiti removal from private properties that have filed a consent and waiver form with City staff. The removal of graffiti from private property is paid for through the City's allocation of Community Development Block Grant (CDBG) program funds while the City's General Fund supports the Public Works Department removal. City graffiti removal is provided at no direct cost to private property owners. Currently, removal of graffiti in the flood control channels or on the free~ay structures that traverse through the City is performed by the County of Orange and CALTRANS, respectively. These graffiti removal services do not include adjoining private walls, fences or structures. The City also maintains contracts with both these agencies to allow City staff or the City's private contractor into these areas to perform graffiti removal services on public or City Council Report Graffiti Removal Program (County of Orange) December 6, 1993 Page 2 private property in a timely manner as needed. At this time, neither the County nor CALTRANS can guarantee removal of the graffiti in 72 hours, which is the time period the City has made a commitment to. DISCUSSION The County's proposal to expand the graffiti removal service to the private properties abutting the channel would result overall in a cost saving to the City. There are some conditions in the agreement with which the City may have some concern. The following summarizes these items and includes alternative measures that could be taken-by-~he City should.problems occur: · The agreement does not stipulate that channel graffiti be removed within a limited time frame. This may be of a concern to the City in that our current removal program has a 72-hour turn-around time. However, in individual cases where the City is displeased with the County's response time, City crews/contractors could be used to remove the graffiti, such as from areas that are highly visible. However, utilizing the County for removal of graffiti on walls adjacent to the flood control would represent a cost savings for the City in most cases. · The agreement states that paint matching would not occur. Here again, the City could perform graffiti removal should a specific case occur where paint matching is warranted and still realize a cost savings overall. · The agreement states that graffiti removal by the County may be performed by County jail inmates, Community Work Program enrollees and persons on probation or wards of the juvenile court. This may be of concern to an observer of the activity in that the County workers may be in proximity to private residences, businesses, schools, etc.; however, all such persons will be supervised by authorized County staff. Additionally, the local flood control channels offer probably the most conspicuous location for such persons to work. In order for the County to enact the graffiti removal program from private property where it is adjacent to the flood control channel, they must-receive permission from the individual property owners, which County staff would pursue on an as needed basis. The County is requesting that the incorporated cities acknowledge that this work is being performed by the County at no cost to the City by executing the attached agreement. The City will still retain the right to perform graffiti removal in these areas as necessary. City Council Report Graffiti Removal Program (County of Orange) December 6, 1993 Page 3 The attached agreement has been reviewed by City staff, including the City's-Public Works Department and City Attorney's office. The agreement has been approved as to form and is acceptable for execution by the Mayor. CONCLUSION The graffiti removal agreement proposed by the County will provide an additional resource for the City to continue to abate graffiti with no additional expenditure of City funds, personnel or resources. Therefore, it is recommended that the Mayor execute the agreement and authorize staff to forward the agreement to the County~ -- E. ~er/ Associate Planner Christine A. Shing~ton Assistant City Manager Attachments: AEB: ab\ocfcdgrf County of Orange Correspondence Graffiti Removal Agreement UNTY 01: AU6 ~; -- ENVIRONMENTAL MANAGEMENT AGENCY PUBLIC WORKS August 19, 1993 MICHAEL M. RUANE DIRECTOR, EMA WILLIAM L. ZAUN DIRECTOR OF PUBLIC WORKS LOCATION: 12 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA MAILING ADDRESS: P.O. BOX 4048 SANTA ANA, CA 92702-4048 TELEPHONE: (714) 834-2300 FAX # 834-2870 William Huston, City Mgr. 300 Centennial Wy. Tustin, CA 92680 Graffiti Abatement Dear Mr. Huston: As you may be aware, the Board of Supervisors recently approved major revisions and expansion of the County's Graffiti Abatement Program. This includes removal of graffiti from private property adjacent to flood control facilities. In incorporated, cities we need both the property owner's permission and an agreement with the city. The Board of Supervisors approved a standard agreement between a city and the County for the no-cost removal of graffiti within incorporated cities on August 17, 1993. Please review the enclosed document. We hope you will choose to execute this agreement immediately. The prompt removal of graffiti in and adjacent to county right-of-ways is our goal. When either of our agencies is working in an area, mutual aid makes good common sense. I recognize approval of the agreement through your city may take some time. Please contact either Tom Connelie, 567-6232, or Rick Schooley, 567-6270, regarding your intent to execute the agreement, questions on it or the anticipated time-line for execution. Additionally, access to our flood control channels is now available with a no-fee permit and simplified liability agreement. Liability insurance requirements are also waived for graffiti removal. This may be of interest not only to your public works department, but also homeowner associations and other interested volunteers in your community. Please contact Chaz Ferguson, Graffiti Abatement Coordinator, at 567-6280 for details For reporting graffiti on County property, you may use our new Graffiti Hotline, 834-3400. Very truly yours, Chaz Ferguson, Graffiti Abatement Coord. EMA/Public Works Operations CF:sp/mk/3231 3081809205404 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 19 GRAFFITI REMOVAL AGREEMENT THIS AGREEMENT, made and entered into this , day of , BY AND BETWEEN AND The CITY of TUSTIN a municipal corporation, hereinafter designated as '"CITY," The COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter designated as "COUNTY." '.' I T N E S S E T H WHEREAS, CITY wishes to have graffiti removed from public and private property within CITY; WHEREAS, COUNTY is able To remove graffiti from public and private property located within CITY and adjacent to, or visible from, ORANGE COUNTY FLOOD CONTROL DISTRICT (OCFCD) property or COUNTY property at nominal cost to the COUNTY while removing graffiti from adjacent OCFCD or COUNTY property; and WHEREAS, removal of said ~raffiti by COUNTY at no charge to CITY or the owners of the property from whi-h graffiti is removed will benefit the COUNTY by enabling it to remove expeditiously graffiti blight visible from OCFCD or COUNTY propertY; and WHEREAS, COUNTY's Board o~ Supervisors has authorized the director of its ~nvironmental Management Agency to execute this agreement, Now, therefore, CITY and ~OU~Y, mutually agree as follows: 1. COL~TY shall A. At its option, remove graffiti from private property, CITY property, and ?roperty occupied by other public agencies that 28 lO 17 18 2O 22 26 27 is adjacent to, or visible, from ORANGE COUNTY FLOOD CONTROL DISTRICT (0CFCD) property or COUNTY property-and located within CITY; B. Obtain the property owner's written permission prior to the removal of graffiti from private property or property owned by public entities other than OCFCD, COUNTY, or CITY; and C. Perform such graffiti removal work at its sole cost and expense. 2. CITY hereby consents to: A. Removal by COUNTY of graffiti on property owned by CITY; B. Entry on CITY property by persons removing graffiti from public or private property in accordance with this agreement; and C. Graffiti removal by COUNTY in the CITY on private property or public property not owned by CITY, to the extent approved by the property owner. It is mutually understood and agreed: 1. That graffiti is obnoxious. 2. That property from which COUNTY may remove graffiti may include private or non-county owned public property adjacent to, or visible from, OCFCD or COUNTY property or facilities located on 0CFCD or COUNTY property such as, but not limited to, bridge piers or abutments, utility manholes, towers, poles. 3. That the cost to the COUNTY to perform graffiti removal work on -- private or non-county public property in CITY is only nominally more than the cost to COUNTY to remove graffiti from the adjacent 0CFCD or COUNTY property. 4. That this agreement does not obligate the COUNTY to remove --2-- 1 2 3 4 5 6 7 8 9 10 11 -- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 graffiti from private or non-county public property. 5. That the CITY will not be included in communication between the COUNTY and property owner regarding graffiti removal unless COUNTY or property owner request CITY participation. 6. That graffiti removal includes physical removal of graffiti or painting over graffiti to make it illegible; that such effort may result in some discoloration of the surface on which graffiti was -- affiXed or inscribed; and that the paint used to paint over graffiti may not match the existing colors. 7. That the crews assigned to remove the graffiti may include COUNTY employees and volunteers as well as COUNTY jail inmates, Community York Program enrollees, persons on probation or wards of the juvenile COurt, acting under the supervision of COUNTY staff authorized to supervise inmates and Community Work Program participants or the COUNTY Probation Department. 8. That the area painted or repainted ~o remove graffiti may not be larger than the area covered with graffiti and may not include the entire surface of the property. 9. That while graffiti removal work on private or non-c~unty property will usually be accomplished from OCFCD or COUNTY property, there may be occasions when personnel performing graffiti removal work will enter upon private, CITY or other non-county public property in 'order to accomplish said work. 10. CITY shall indemnify and hold COUNTY, its officers, agents, employees, !nvitees and independent contractors free and harmless .from any liability whatsoever, based or asserted upon any act or omission of CITY, its officers, agents, employees, subcontractors -3-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 III III III III and independen~ contractors, for property damage, bodily injury or death or any other element of damage of any kind or nature, .. relating to or connected with the performance of this agreement and CITY shall defend at its expense, including attorney fees, COUNTY, its officers, agents, employees, invitees and independent contractors in any legal action or claim of any kind based upon such alleged a~ts or omissions. --I1."COUNTY shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of COUNTY, its officers, agents, employees, subcontractors, invitees and independent contractors, for property damage, bodily injury or death or any other element of damage of any kind or nature, relating to or connected with the performance of this agreement, and COUNTY shall defend, at its expense, including attorney fees, CITY, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 12. The term of this agreement shall be for five (5) years commencing upon final execution by COUNTY unless earlier terminated by either party. 13. COUNTY and CItY may ~erminate this agreement, without cause, upon thirty (30) da':s ~ritten notice to the other party. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by ~ts Clerk, and COUNTY has caused this agreement to be executed by the Director of the Environmental Management Agency and attested by its Clerk, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. CITY OF TUSTIN A Municipal Corporation Dated: By At test: Clerk of the Council APPROVED AS TO FORM By ~ey · . COUNTY OP NO ', A political Subdivision of the State of California By Michael M. Ruane Director, EMA APPROVED AS TO FORM: TERRY C. ANDRUS, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA Deputy III III III III TPC:mk/3221 3072915001952