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Home My WebLink About0414.093I '''-. ~. ,-. ' ~-'If,. , July 29, 1993 THE HONORABLE CITY COUNCIL Pale Alto l California Attention: Policy and services Committee Graffiti Program Status Report Members of the Council: Report in Brief .~. .' -',.r~"'"~ "-; ;-, This is a status report to the policy and Services Committee en the development of a City graffiti response program. The report also gives the Cornmittee an opportunity to provide guidance tv staff on possible elements 9f the program. Be eJtground On Jrto!.ay 24, 19.93, Council referred the issue of an ordinance regulating access to graffiti instruments to the Policy and Services Committee. The referral was expanded to include ether program elements related to graffiti control which were being developed by the City's Graffiti Committee. The Committee was formed to identify t~e processes in place internally far confronting t:he increasing incidents of graffiti and t.o develop possible additional strategies for inclusion in a Citywide program. The Committee consists of staff from the City Manager's Office, City Attorney's Office. Public Works Department, Police Department, Community Services Department, Planning Department and Utilities Department. In order to get an understanding of where acts of graffiti have occurred~ staff made a windshield survey along the City'S arterial streeta _ Graffiti was found at 53 locations, with approxim,].tely 75 percent on public property and 25 percent on private property_ Over half of the public graffiti was seen on Cal Trans, County. Post Office. Peninsula Commute Joint Powers Board; School District and Santa Clara Valley Water District (Water District) property_ It should be pointed out that the survey focused on graffiti visible from the street and r therefore, did not include such areas as parks and the Water District creek. -1- .. ' I o ~ting Activ~tiee to Combat Graf~ti Followir.g are existing City programs which add:cess graffiti, • Education Prosecution for acts, of graffiti is difficult because a Bubj ect either has to be caught doing it, or a confession obtained. Therefore, Police Department staff, through the neighborhood and business watch programs, ale ed~cating the public and business ownerS of the importance and necessity of reporting acts of graffiti as they are actually being committed. As an additional deterrenL arrest stati9;tics related to graffiti are being supplied to local newspapers. AlStl, the Police Department educational program includes sending letters to local businesses reminding them of the state law prohibiting the sale of aerosol spray paint containers to minors. This ",,·ill be followed by field visits to verify that busineasee are posting required signage and by responding to reports of infractions. • Rem.oval The Public Works Operations Division is the contact for all requests for graffiti removal and notifies the responsible parties for scheduling work. Gz'a.ffiti located in the City public right-of-way is removed within five days of being reported. Profanity related graffiti located in parks and at City facilities is removed within 24 hours of being reported. However, due to budget constraints. other graffiti i~ these locations is removed twice ar~ually~ The Police Department has established a Juve.."lile Diversion program for first time offenders of minor offenses, which includes a requirement for the completion of eight hours of comrrrunity service work. The service has been directed towards cleaning up ar~d painting over graffiti on public property. The community Service portior. of Lhe Juvehile Diversi8n program is currently operating on a quarterly basis with an officer -assigned to the work group. • Enforcement OVer the last eighteen months, 22 people associated with ten separate incidents have been arrested for graffiti offenses in Palo Alto. Ages of the arrestees range from 13 to 48 years old. Of those arrested, only seven have been Palo Alto residents. Three of those people apprehended have been arrested more than once for graffiti/vandalism. Implements used by the individuals include spray paint. felt tip markers r and oil based paints~ It is interesting to note that over half the incidents have occurred during daylight hours. Although graffiti OCC\" 3 throughout certain areas where it. occurs more CMR:414: 93 -2 - <., ",-', Palo Alto r frequently, there are including •• ., .~ Mitchell and Greer Parks, the Barron Park area and both the University and California Avenue train depots and rig~,t6-of way. In~idents of graffiti tend to increase during Baster ~ek and in June when the school term ends. In response to this increase. the Parks and Public Works staff are notifyi~g the Police Department of areas scheduled for gr~ffiti removal to enable Police personnel to monitor these locations for offenders who may return to vandalize ag3.in. Repea.ted vandalism eften occurs in areas with more intricate graffiti. ~hamber of commerce Governmental Action Council .Meeting Because of the significant amount of graffiti found on orivate property including commercial buildings. staff met with the Chamber of Commerce' 6 Government Action Council (GAel to discuss the problem. Following is a summary of the meeting. • CAe represencativ~s agree that it is in the self-interest of the private property owner to remove graffiti as soon as possible and that it is desirable to have t.he City provide businesses with informational mat.erials and practices on graffiti removal as veIl as a list of standby contractors. • GAC representatives suppcrt a graffiti abatement ordinance which provides incentives for quick remediation by property owners z with City involvem:nt if owners are unwilling or unable to act promptly. The group feels that some leniency should be considered in imposing charges on nonresponsive property owners, especially in situaticns of extenuating circumstan~ces or financial hardship. • GAC representatives support a public interagency coordination effort including notification of 3raffiti acts and cooperative removal agreements. The City should possibly pursue initiating a City funded graffiti removal program on other agency property. • GAC representatives believe that a City graffiti "hot line" for reporting graffiti incidents is desirable. • GAC representatives favor the City coordinated preventative program recommendations .~Qr sealant coatings. developmer.:t of a whi~h includes • GAC representativ~g oppop~ a c:ty ordinance that would regulate businesses in the storag~ and display of graffiti implements. Such ar~ ord .. nance would be ineffective, because of Palo Alto' S rela~~v~ly small ~eographic size and the availability of these implements in nearby communities. GAC representatives strongly recommend that any regulation of the sale of graffiti instruments be implemented only on a regional or statewide basis. if at all. Potential Activities to Combat Graffiti -3 - ... '-c,.._ , .*,'". ::-'. -.-"'i-t, v?"_ . :." '," Based on discussions ~ith the activities in other communlties Committee has-examined possible using these gciding principles: GAe and over the elements research of graffiti last four rPOnths, the of a graffiti program • The program should specifically address the needs and circumstances of Palo Alto. • The program should be proactive, rather thein reactive, in its approach to contain the spread of graffiti. • The program should emphasize positive incentives to the maximum extent possible. Following is a s'",llnmary of possible graffiti element~ currently being researched and developed by staff for further review and consideration! • Enact an ordinance to ::-egulate the storage and display of spray paint ~~d marker pens (Council referred). • Enact an ordinance to require prompt graffiti removal on private property in.cluding nuisance abatement and penalty elements. • Enact a restitution ordinance for removal of graffiti wi th the cost of the work being paid for by offenders and/or their parents. • Develop standardized procedures and practices for centralized control of a graffiti program~ • Develop a City staff point of contact, e.g. ~hot line;" for acts/locations of graffiti reported by both the public and City employees and fo:r responding to inquiries. • Prepare and distribute graff~ti rerr.oval technique brochures. • Pursue the concept of a public interagency cooperative effort for handling graffiti including the City, Peninsula Commute Joint PowerS Boare; School District, Water District, Cal Trans and County Transit with possible City removal authorization on ether agencies' property~ • Provide recycled paint to residents and businesses for ~overing over graffiti on private property. • • Investigate the issues associated with creating distributing graffiti removal kite~ and Investig-ate establishing and neighborhood association graffit:i Youth Council, seniors; etc. -4- supporting volunteer and removal groups including the • Commission a local artist to paint murals a~ chronic graffiti locations. • Develop an outreach program for graffiti removal and prevention including the Chamber of Commerce, business district merchants, neighbcrhood associations, etc. • Investigate the feasibility of establ ishing a standby contract for graffiti removal on public and private property. • Develop a prevfmtati ve maintenance program, including advisoI.Y recommendations for the U3e of sealant coatings on public and private property. • Anal,'ze the cost and effectiveness of increasing the graffit i removal freque:ncy for City parks cmd public buildings. • Expand the Juvenile Diversion program to include removal of graffiti on private and other agency p~operty. 1\.10 additional graffiti program elements were discussed by the Committee, but have not been pursued further. The Committee does not advocate reward systems fur those reporting graffiti offenders. Based on previous Police Department experience, reward incentives have not traditionally resulted in arrests or convictions. Also, the Committee did nor. pursue further the creation of a sanctioned graffiti location such as a "graffiti wall· t~ focus art expression. The graffiti probably would spillover into unsanctioned areas as is already the case of Greer Park and the skateboard bowl. By allowing even such -focused" graffiti, the City would be ser,ding a mixed message. thereby diluting the overall program effectiveness. Future Actions Implementation of a City graffiti progYam is a three step process. This status report and corresponding Policy and Services Committee gllidance constitutes the first step. Staff will return to the Committee on Septerc~er 21, with an evaluation of program elem~nts as part of step two. This will include information on the scope, timing of implementation and cost/resource impacts for prog!"am elements that the Committee wishes staff to pursue. After Council's conceptual approval, the final step involves returning to Council for the appropriate action to implement approved elements, such as adcpting an ordinance(s) and approving any needed funding. Respectfully submitted, GEt~AGOO~ Assistant Director of Public Works -5- . • j r • GLENN S. ROBERTS Director of Public Works ~~ Cit.y Manager cc: Susan Frank, Director of the Chamber of Commerce J"ohn Russo Richard Spotswood Thomas .Barry Kevin Oslej nski Joan Sullivan -6-