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HomeMy WebLinkAboutNB 3 GRAFFITI TSK FORCE 4-05-93NEW BUSINESS N0. 3 w ,.: N." C � ,-5-93 Inter -Com DATE: " MARCH 24, 1993 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: POLICE AND COMMUNITY DEVELOPMENT DEPARTMENTS SUBJECT: GRAFFITI -CITIZEN TASK FORCE RECOMMENDATION Establish a citizen task force to explore methods to halt the spread of graffiti in the City of Tustin; a City Council representative to the task force; establish an ad hoc committee to make recommendations to the City Council for membership on the citizen graffiti task force; and support Senate Bill 583, Senator Lewis' Anti -Graffiti bill. BACKGROUND At the City Council meeting of March 15, 1993, Councilmember Puckett suggested the establishment of a citizen task force to explore methodologies to halt the spread of graffiti within the City of Tustin. During a preliminary discussion of the potential methodologies involved in establishing a citizen task force, the staff felt an acronym which depicts the City's resolve to halt the spread of graffiti within our City may be appropriate. Therefore, we suggest one possible acronym that would be appropriate would be WAG (War Against Graffiti). Attached are some discussion points that may be appropriate for the citizen task force to discuss during their preliminary meetings. To date the City of Tustin has taken the following actions to halt the spread of graffiti within the City of Tustin: 1. The City has allocated $45,000 of Community Development Block Grant funds for graffiti removal. Approximately 58 percent of the total funds available for graffiti removal during a two-year period have been expended. At this rate, there should be sufficient funds to continue the graffiti removal for the 24 -month contractual period. 2. A contractor will remove graffiti from private property within a 72 -hour period if the City has received the appropriate liability release form. _ 3. Staff has established a policy that precludes more than $1,000 per property to be. expended for removing repeat graffiti. Staff will advise all property owners of'our limited resources and the necessity of spreading the graffiti removal resources through the majority of the community. Staff will continue to meet with property owners to assist them with preventive measures to help them comply with Section 5706 of the City Code. Graffiti - Citizen Task Force March 24, 1993 Page 2 4. In 1991 the City Council adopted Ordinance No. 1079, which provided for the removal of graffiti from private property within seven days and prohibited the sale of spray paint to minors. 5. The Community Development and Police Departments are continually working with apartment house managers and private residence owners to encourage them to remove graffiti as soon as is feasible or request the City to do so within a 72 -hour period. The City has authorized a $250 reward for identification and conviction of those responsible for the graffiti in the City of Tustin. The Community Development Department has surveyed cities to determine their efforts to combat graffiti. The results of the survey indicated offering rewards has had mixed success in cities such as Fountain Valley, Anaheim, La Habra, South Gate, Long Beach, and Santa Ana. However, it's still a viable approach and is consistent with public education. 6. The Police Department is currently working with the middle schools in Tustin to design posters to be placed in all businesses within the City of Tustin that declare our war against graffiti. Members of the City Council and the Chamber of Commerce will be asked to pick the award-winning poster. The Police Department will provide appropriate rewards for those children who submit the best three entries. The Police Department expects the contest to be completed byVa}TY�.- ORANGE COUNTY ANTI -GRAFFITI EFFORTS 1. The Orange County Chiefs of Police and Sheriff's Association (OCCPSA) has produced a video tape regarding "taggers," which has been distributed to all high school principals. The intent of the tape is to inform teachers of the "tagging" in Orange County. Teachers will then begin to inform students regarding their responsibilities. 2. The Orange County Juvenile Court, under the auspices of Juvenile Court Presiding Judge Briseno, are taking a very active stance regarding the application of graffiti within Orange County (see attached policy of Judge Briseno). 3. Supervisor Gaddi Vasquez has established an Orange County committee to determine effective ways to abate graffiti. His committee is focusing on three specific areas: • County and statewide legislation • Methods of abatement • Anti -graffiti education The Orange County committee will also consider an attempt to recruit corporate Graffiti - Citizen Task Force March 24, 1993 Page 3 sponsors who will contribute money and/or support efforts, such as telethons and on- going educational programs for our youth. 4. Supervisor Harriett M. Wieder, Second District, worked with county agencies as well as community organizations involved with the gang issue to compile an Orange County "Anti -Gang Resource Directory." This resource material, which offers a comprehensive listing of numerous organizations and programs that provide gang prevention, intervention, and enforcement services, is available to the public at no cost. POTENTIAL MEMBERS OF TASK FORCE In order to ensure input from many different groups/individuals within the City, it is essential we have as good a cross-section of the community as possible. Outlined below are suggested individuals/representatives of groups that may serve on the task force: 1. One or more from the corporate section of the City. Corporate participation seems particularly important, for they will often have funds and/or professional staff that can contribute to extensive City-wide campaigns, funding mechanisms, art work, etc. 2. Chamber of Commerce. 3. Homeowners' participation. 4. City Council participation. 5. Service club participation. 6. Team member. 7. School district representative. City staff will be available to provide for legal/professional input to the committee. 6Z,� "240� W. DOUGLAS FRANKS CHRISTINE SHINGLET Chief of Police Director Community Development Department WDF:kh Attachments ;5zlTzr:ar Lmuf -af thr �mznt� �f Mate of Lalif.arr is C�z�.gr Qlk:anlras of March 3, 1993 HON. FRANCISCO P. BRISENO 'frrsiDa(g 3::br5t OF THE JUVENILE COURT M -E -M -O -R -A -N -D -U -M TO: Juvenile Court Bench Officers FROM: Judge B=iseno SUBJECT: Graffiti/Tagging Disposition Guidelines A BMs; 01, -u 311tv=ilr T=f 341 THE CITY DRIVE P. Q BOX 14169 ORANGE, CA 92613-1569 PM .. (71.) 935-7000 1. Each judicial officer has discretion to decide each case on a case-by-case basis. Community safety, minor's rehabilitation and the provision of Section 201 W&I governs the judicial officer's exercise of discretion. However, to attempt to achieve overall consistency between the various departments, the following guidelines are provided: A. If vandalism/Graffiti/Tagging is done on freeway/freeway walls: 20 days Cal Trans Work Program involving graffiti removal or 100 hours community service (graffiti removal) $250 fine plus penalty assessment, payment of restitution, Restriction or suspension of driver's license for one year. 180 days custody -- stayed pending satisfactory completion of above tears. Other standard conditions of probation. Violate no law, search and seizure, no spray paint, markers, etching devices (use, possession) or any other graffiti paraphernalia. B. If Vandalism is done at School/City: 20 days CWP at school or community where damage was done [or County graffiti removal program, if school or city unable to handle the case) or 100 hours of community service. $250 fine plus penalty assessments, restitution, license restriction./suspension for one year. 180 days custody (stayed pending satisfactory completion of probation terms) Search and seizure, no graffiti paraphernalia. �aazsar �aas: of Lkr Mate of yt�_F,....:� ' �atatSa of �razust Graffiti/Tagging Disposition Guidelines March 3, 1993 C. Other Areas: 20 days CWP or 100 hours community graffiti removal $250 plus penalty assessments Restitution CDL restriction/suspension for one year - 180 days custody -- stayed Search and seizure No graffiti paraphernalia, no devices (use, possession) Page Two spray paint, markers, etching 2. Repeat Offender - consider either: (a) (a) Graffiti camp program. (b) Summer Graffiti Work Program (See Attached) 3. Habitual Offender or repeat probation violation, i.e. three or more 594 violations - Consider 180 days custody time. No early release. 4. Problem areas that should be considered: A. This Court is seeking to get the parents_involved in active supervision of the minor. Consider having the parent pay an amount of money directly to the city, school or county agency involved for cost of obtaining cleanup material. I suggest a nominal amount of $200. The parent should be advised that the payment is voluntary. if the parent is willing to do so, put his/her commitment on the record. Note at the present time, there is no statutory requirement that allows the court to order the parents to pay and the parents should be so advised prior to making their commitment. B. Major damage cases Defer the disposition and require a subsequenthering to reg.=iew the amount of restitution, ability to pay and nner of payment. Where all lesser alternatives have been examined and minor is unable to make restitution and damage is substantial, the court should consider a custody commitment where appropriate. .Sm;x^.nr (4a=t of !hs Mats of C?alifaszca (Qammt of Or=gs Graffiti/Tagging Disposition Guidelines Page Three March 3, 1993 C. Safetv Taegers should not be ordered to do.graffiti removal in gang area. Adequate supervision for minors on work crews is essential. D. District Attorney/Defense Dispositions The parties may reach dispositions at variance from the above -indicated guidelines. This court accepts those agreements on basis that each side has made a professional assessment of the strengths and weaknesses of their case. E. Property damage to private residence, cars or other private property. The victim should be permitted to be heard or contacted by the District Attorney prior to any dis-oosition. 5. one of the dispositional objectives is consistency in sentencing and the above factors are suggested as guidelines. Again, each case, minor, is different and the bench officer is free to make the best overall judgment as to best sanctions to protect the private property and preclude further vandalism on the par_ of the minor. 6. Soecial Notes: A. Section 13202.6 CVC provides that for each conviction of vandalism, the offender can have his or her driving privileges suspended or delayed for one year. B. Graffiti paraphernalia means aerosol paint container, felt tip marker, paint stick or etching tool capable of scarring glass, metal, concrete or wood.. fE l l o CZAt_isco P. Brisefio Presiding Judge of the Juvenile Court FPB:b1 Attachment Z -i t Z,kti. Graffiti Camp (Available after June 1, 1993) 1. Minor committed for minimum of eight days for graffiti cleaning. 2. Report to Hall for placement in YGC on Saturday between 2:00 and 4:00 p.m. 3. Saturday/Sunday - Indoctrination 4. Monday, Tuesday, Wednesday, Thursday, Friday 0800 - 1500 Cleanup 1500 return to YGC Shower/eat 1800 - 2200 School/taps 5. Release Saturday between 10:00 a.m. and noon Concept: Up to 20 at any one time. Cleaning consists of scrubbing/painting, etc. Summer Graffiti Work Program 1� (Available after June 1, 1993) 1. Scheduled Work Program - Wards would perform graffiti cleanup during summer (June 20 - August 31) Report at 0730 to designated area. 2. Assign each ward 30 days. This would allow probation officer to "forgive up to ten days as a reward for good work." 3. This system allows for a large pool of wards to participate in cleanup efforts (crew of 30/50). 4. Failure to participate would be a 777 violation, with a 30 day NER commitment and then return to the work crew to finish. ATTACHMENT B POSSIBLE DISCUSSION AREAS FOR A WAR AGAINST GRAFFITI (WAG) 1. Methods to establish a City-wide WAG campaign 2. Feasibility of a City-wide "Paint Out Graffiti" Day (Legal/tactical considerations) 3. Evaluation of materials utilized to remove graffiti from stucco, wood, cement, glass, etc. What is the "best" material available? 4. The City of Tustin to provide free paint to any citizen who wishes to paint out graffiti on their private property. 5. Establishment of a "graffiti watch" in the various homeowners' associations 6. Consideration of staff working with the homeowners' associations to develop several teams responsible for removing graffiti throughout the subdivision 7. Work with the City school administrators to identify the formalized leaders within middle and high schools (i.e., student council) and also identify informal leaders within the school system who can assist us in developing programs within the schools that will combat graffiti within the City. We suggest the thrust in the schools will be to establish, via peer groups, that tagging within Orange County is simply not "cool". SACRAMENTO OFFICE ST ATC CAPITOL SACRA ENTO.CA 958;4 1916.445 4264 I! ORANGEWOOD AVE. SUITE 104 ♦NGE. CA 9206E (7141939 0004 Cfalifnrrti ��t c rxt r SENATOR JOHN R. LEWIS THIRTY-THIRD SENATORIAL DISTRICT sf'w. March 22, 1993 Honorable Leslie Anne Pontious Mayor of Tustin 15222 Del Amo Avenue Tustin, CA 92680 Dear Mayor Pontious: ATTACHMENT C COMMI'TEE5 AGRICULTURE AND WATER RESOURCES BUSINESS AND PROFESSIONS NICE CHAIRMAN; CONSTITUTIONAL AMENDMENTS (CHAIRMAN, INSURANCE. CLAIMS AND CORPORATIONS NATURAL RESOURCES AND WILDLIFE As you're well aware, graffiti vandalism has become a growing problem all across Orange County. Once visible primarily in economically -depressed urban areas, the blight of graffiti has now spread to virtually every community. In order to fight back against graffiti vandals, I have introduced Senate Bill 583, which does the following: 1. Prohibits minors who are convicted of graffiti vandalism from obtaining, or possessing, a driving license or permit until the age of 18. 2. Requires graffiti vandals to perform a minimum of 40 hours of community service work cleaning up graffiti for a first offense and 80 hours of cleanup for subsequent offenses. 3. Requires at least one parent or guardian of any unemancipated minor convicted of vandalism to fully participate in that minor's graffiti cleanup community service work, or to pay an additional fine of up to $1,000. I would like to formally request the City of Tustin to support SB 583, a copy of which is enclosed for your review. The Senate Judiciary Committee (State Capitol, Room 2032, Sacramento, CA 95814) is scheduled to consider SB 123 on Tuesday, April 20. A letter of support to the Committee would be especially helpful. Thank you for your favorable consideration of this request. I look forward to seeing you again soon. Best regards, J Lewis E� losure JRL:cj SENATE BILL No. 583 Introduced by Senator Lewis (Principal coauthor: Assembly Member Pringle) (Coauthor: Senator Kopp) (Coauthors: Assembly Members Boland, Conroy, Farr, Ferguson, Harvey, Hoge, Johnson, and Richter) March 1, 1993 An act to amend Sections 640.5 and 640.6 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIG= SB 583, as introduced, Lewis. Crimes: graffiti. (1) Existing law provides that any person who writes, sprays, scratches, or otherwise affixes graffiti on or in the facilities or vehicles of governmental entities, as specified, for which any of the entities incur costs of less than $250 for cleanup, repair, or replacement is guilty of an infraction, punishable by a fine not exceeding $250 and by community service for a total time not to exceed 48 hours, as specified. This bill, in addition, would require a minimum of 40 hours community service. (2) Existing law provides that any person who writes, sprays, scratches, or otherwise affixes graffiti on any real or personal property not his or her own is guilty of an infraction, punishable as specified. Existing law provides that upon conviction of any person under these provisions, the court, in addition to any punishment imposed, may order the defendant to complete community service not to exceed 48 hours for the first conviction. Upon the second and subsequent conviction, the court may order the defendant to complete community service not to exceed 96 hours. This bill, instead, would provide that upon conviction of any P;!M*0I SB 583 —2— person 2— person under these provisions, the court, in addition to any punishment imposed, for the first offense, shall order the defendant to complete a minimum of 40 hours of community service not to exceed 48 hours for the first conviction, and for the 2nd and each subsequent offense, shall order the defendant to complete a minimum of 80 hours of community service not to exceed 96 hours. Because these provisions could result in requiring counties to incur additional expenses for supervising persons required to perform this community service work, the bill would impose a state -mandated local program. The bill also would provide whenever a minor is found to have violated these provisions and when a motor vehicle was used to commit the offense, the minor shall be prohibited from being issued a driver's license or permit until reaching the age of 18 years, or if the minor has been issued a driver's license or permit, that license or permit shall be surrendered immediately upon conviction and the minor shall be ineligible for reissuance of a license or permit until he or she has reached the age of 18 years. Existing law provides that any community service required pursuant to these provisions of a person under the age of 18 years may be performed in the presence, and under the direct supervision, of the person's parent or legal guardian. This bill would require the presence and direct supervision of the person's parent or legal guardian. However, the bill also would specify that a court, upon a finding of good cause, may, in lieu of this requirement, order the parent or legal guardian to pay a fine of up to $1,000. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. 99 100 -3— SB 583 The people of the State of California do enact as follows. 1 SECTION 1. Section 640.5 of the Penal Code is 2 amended to read: 3 640.5. (a) Any person who writes, sprays, scratches, 4 or otherwise affixes graffiti on or in the facilities or 5 vehicles of a governmental entity, as defined by Section 6 811.2 of the Government Code, or on or in the facilities 7 or vehicles of a public transportation system as defined by 8 Section 99211 of the Public Utilities Code, or on or in the 9 facilities of or vehicles operated by entities subsidized by, 10 the Department of Transportation, or on or in any leased 11 or rented facilities or vehicles for which any of the above 12 entities incur costs of less than two hundred fifty dollars 13 ($250) for cleanup, repair, or replacement is guilty of an 14 infraction punishable by a fine not to exceed two 15 hundred fifty dollars ($250) and by a minimum of 40 16 hours of community service for a total time not to exceed 17 .48 hours over a period not to exceed 30 days, during a ( 18 time other than during his or her hours of school �, 19 attendance or employment. This subdivision does not 20 preclude application of Section 594. 21 (b) (1) Upon conviction of any person under 22 subdivision (a), the court mey, in addition to any 23 punishment imposed pursuant to subdivision (a), at the `Z r 24 victim's option, may order the defendant to perform the 25 necessary labor to clean up, repair, or replace the 26 property damaged by that person, but shall not order the 27 person to pay for any related costs incurred by the 28 cleanup, repair, or replacement of the property. 29 (2) If a minor is personally unable to pay any fine 30 levied for violating subdivision (a), the parent or legal 31 guardian of the minor shall be liable for payment of the 32 fine. A court may waive payment of the fine by the 33 parent or legal guardian upon a fording of good cause. 34 (c) Whenever a minor is found to have violated 35 subdivision (a) and when a motor vehicle was used to 36 commit the offense, the court may do any of the 37 following: (`Tl 38 (1) If the minor has not been issued a California ki?�Rj SB 583 —4- 4-1 1 driver's license or temporary permit by the Department Q) 2 of Motor Vehicles, the court may forward to the 3 Department of Motor Vehicles a report of the finding 4 that theminorhas violated subdivision (a) and specifying 5 that the minor shall be ineligible for issuance of license 6 or permit until he or she has reached the age of 18 years. 7 (2) If the minor has a California driver's license or 8 temporary permit issued by the Department of Motor 9 Vehicles, the court in which the finding is had may 10 require the surrender of that person's driver's license or 11 temporary permit. If the court requires the surrender of 12 that person's driver's license or temporary permit, the 13 court shall forward the license or permit with a report of 14 the finding that the minor has violated subdivision (a) to 15 the Department of Motor Vehicles. Upon receiving a 16 report of the finding, the department shall revoke the 17 driver's license or permit and the minor shall be 18 ineligible for reissuance of a license or permit until he or 19 she has reached the age of 18 years. 20 (3) This subdivision shall apply whether or not the 21 minor was the driver of the motor vehicle during the ` 22 commission of the offense specified in subdivision (a). 23 (d) Any fine levied for a violation of subdivision (a) 24 shall be credited by the county treasurer pursuant to 25 Section 1463.29 to the governmental entity having 26 jurisdiction over, or responsibility for, the facility or 27 vehicle involved, to be used for removal of the graffiti. 28 Before crediting these fines to the appropriate 29 governmental entity, the county may determine the 30 administrative costs it has incurred pursuant to this 31 section, and retain an amount equal to those costs. 32 Any community service which is required pursuant to 33 subdivision (a) of a an unemancipated person under the 34 age of 18 years ftxey shall be performed in the presence, 35 and under the direct supervision, of the person's parent 36 or legal guardian. 37 {d} A court, upon a finding ofgood cause, may in lieu 38 of this requirement, order the parent or legal guardian to 39 pay a fine not exceeding one thousand dollars (.1,000). 40 (e) AS used in this section, graffiti means any form of -. 99 150 -5— SB 583 1 unauthorized painting, writing, or inscription regardless 2 of the content or nature of the material used in the 3 commission of the act. 4 SEC. 2. Section 640.6 of the Penal Code is amended to 5 read: 6 640.6. (a) Except as provided in Section 640.5, any 7 person who writes, sprays, scratches, or otherwise affixes 8 graffiti on any real or personal property not his or her 9 own is guilty of an infraction punishable by a fine not to 10 exceed two hundred fifty dollars ($250) if the amount of 11 the defacement, damage, or destruction is less than two 12 hundred fifty dollars ($250). This subdivision does not 13 preclude application of Section 594. 14 (b) (1) Upon conviction of any person under 15 subdivision (a), the court rHay, in addition to any 16 punishment imposed pursuant to subdivision (a), shall 17 order the defendant to complete a minimum of 40 hours 18 of community service not to exceed 48 hours for the first 19 conviction. Upon the second and subsequent conviction, 20 the court racy shall order the defendant to complete a 21 minimum of80hours ofcommunity service not to exceed 22 96 hours. A defendant shall be ordered to complete 23 community service during a time other than during his 24 or her hours of school attendance or employment. 25 (2) Upon conviction of any person under subdivision 26 (a), the court may in addition to any punishment 27 imposed pursuant to subdivision (a), at the victim's 28 option, may order the defendant to perform the 29 necessary labor to clean up, repair, or replace the 30 property damaged by that person, but shall not order the 31 person to pay for any related costs incurred by the 32 cleanup, repair, or replacement of .the property. 33 {3} 34 (c) If a minor is personally unable to pay any fine 35 levied for violating subdivision. (a), the parent or legal 36 guardian of the minor shall be liable for payment of the 37 fine. A court may waive payment of the fine by the 38 parent or legal guardian upon a finding of good cause. 39 Any community service which is required pursuant to 40 subdivision (b) of s an unemancipated person under the E: 99 170 40 pursuant to Section 6 of Article XIII B of the California 4AWAO SB 583 —6— 6- 1 1 age of 18 years may shall be performed in the presence, AML 2 and under the direct supervision, of the person's parent 3 or legal guardian. A court, upon a finding ofgood cause, 4 may, in lieu of this requirement, order theparent orlegal 5 guardian to pay a fine of up to one thousand dollars 6 ($1,000). 7 (d) Whenever a minor is found to have violated gah 8 subdivision (a) and when a motor vehicle was used to 9 commit the offense, the court may do any of the 10 following. 11 (1) If the minor has not been issued a California 12 driver's license or temporary permit by the Department 13 of Motor Vehicles, the court may forward to the 14 Department of Motor Vehicles a report of the finding 15 that theminorhas violated subdivision (a) and specifying 16 that the minor shall be ineligible for issuance of a license 17 or permit until he or she has reached the age of 18 years. 18 (2) If the minor has a California driver's license or 19 temporary permit issued by the Department of Motor 20 Vehicles, the court in which the finding is had may 21 require the surrender of that person's driver's license or 22 temporary permit. If the court requires the surrender of 23 that person's driver's license or temporary permit, the 24 court shall forward the license or permit with a report of 25 the finding that the minor has violated subdivision (a) to 26 the Department of Motor Vehicles. Upon receiving a 27 report of the finding, the department shall revoke the 28 driver's license or permit and the minor shall be 29 ineligible for reissuance of a License or permit until he or 30 she has reached the age of 18 years. 31 (3) This subdivision shall apply whether or not the 32 minor was the driver of the motor vehicle during the 33 commission of the offense specified in subdivision (a). 34 4* 35 (e) As used in this section, graffiti means any form of 36 unauthorized painting, writing, or inscription regardless 37 of the content or nature of the material used in the 38 commission of the act. 39 SEC. 3. No reimbursement is required by this act 40 pursuant to Section 6 of Article XIII B of the California 4AWAO -7— SB 583 1 Constitution because the only costs which may be 2 incurred by a local agency or school district will be 3. incurred because this act creates a new crime or 4 infraction, changes the definition of a crime or infraction, 5 changes the penalty for a crime or infraction, or 6 eliminates a crime or infraction. Notwithstanding Section 7 17580 of the Government Code, unless otherwise 8 specified in this act, the provisions of this act shall become 9 operative on the same date that the act takes effect 10 pursuant to the California Constitution.