HomeMy WebLinkAbout01/06/2009 05A Draft Minutes 10-28-2008 Adjourned Meeting/Study Session4f' -/ I
• YAKIMA CITY COUNCIL
ADJOURNED MEETING / STUDY SESSION
OCTOBER 28, 2008 - 8:00 - 9:30 A.M.
COUNCIL CHAMBERS - YAKIMA CITY HALL
1. Roll Call
Present:
Council: Mayor Dave Edler, presiding, Assistant Mayor Micah Cawley, Council
Members Kathy Coffey, Rick Ensey, Norm Johnson, Bill Lover and Neil
McClure
Staff: City Manager Zais, Acting City Attorney Cutter, and City Cleric Moore.
2. Yakima graffiti program abatement and enforcement activities
Bill Cook, Director of Community and Economic Development, listed two objectives
of the study session:
1) Give the current status of anti - graffiti activities
2) Discuss what is being done in other communities
Mr. Cook gave a PowerPoint presentation:
Data obtained from the City of San Antonio's web page puts graffiti in perspective;
• It costs America more than 8 billion per year to clean up graffiti.
• It is a misperception that most graffiti is done by gangs.
• Graffiti vandals represent all social, ethnic, and economic backgrounds.
• Suburban males commit approximately 50% of graffiti vandalism (pre -teen
to early 20's)
• Primary motivating factors are fame, rebellion, self- expression, and power.
Following are the various divisions involved with the graffiti problem:
Code Enforcement responds to complaints received over the hotline. Those
complaints are referred to ONDS. Complaints about substandard or boarded -up
vacant buildings go to the Community Review Board (CRB). Only about 17 FTEs
of the Codes staffing actually goes into graffiti cases. Between the years 2003-
2007, there were 1,241 graffiti complaints with only one citation issued.. How do
we improve our success? Separating the graffiti element and handling them with
citations may speed up the CRB process.
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STUDY SESSION - GRAFFITI
OCTOBER 28, 2008.
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Office of Neighborhood Development Services receives many of the complaints.
They paint over graffiti using donated paint. They provide permission slips,
maintenance equipment, and vehicles for volunteers. They work primarily on
residential property in low and moderate - income neighborhoods. In 2008, ONDS
spent approximately $2,000 on materials, and about 9,600 total hours (largely
volunteer). There is only one FTE to supervise the volunteer crews. The level of
graffiti in the community is not decreasing, however, ONDS appears to be
responding more quickly than in the past. The patch method is not an ideal
solution but is economical. Property owners are getting frustrated with repeat
incidences and are less likely to take care of their own property. To improve the
success of the graffiti situation, we need to reinforce the responsibility of the
property owner to paint over the graffiti and concentrate volunteer labor on city
alleys.
Public Works removes graffiti from parks, bus stops, street signs, signals, and
refuse bins using approximately 4,900 man hours and $22,000 annually. This is a
responsive, proactive effort.
The Police Department provides alternatives to gang involvement, handles graffiti
enforcement in cases of crimes in progress, investigates graffiti cases, and
oversees trustees that paint out graffiti utilizing a $10,000 grant (expires in 2009).
Gang graffiti is on the decline, but tagging is rising. Improving success would
require changing state law to allow more aggressive prosecution and tougher
sentencing, reopening the County graffiti pod, continuing to use trustees to paint
out graffiti and finding a new funding source to replace the $10,000 grant.
The Legal Department prosecutes all criminal and contested civil infraction graffiti -
related code violations. Convictions are being obtained, but defendants are not
paying restitution or completing court ordered community service hours. To
improve success would require amending state law to establish parental
responsibility for juvenile offenders and a better tracking system to report the
outcome of prosecution efforts.
The Citv's current total cost for manaoina araffiti
Cash in 2008 $45,069
No. of Personnel 3.1 FTEs (component of time)
DOC crew 8 person crew
Volunteers 5 per day
Total estimated hours 17,282
What more can be done?
Operational:
Better tracking system
Graffiti protection added to capital budgets
Provide paint, not labor
ONDS focus on alleys •
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STUDY SESSION - GRAFFITI
OCTOBER 28, 2008
Permanent assignment of people, equipment, to clean public right -of -way and
buildings
Enforcement:
Greater control of paint sales
Advertise successful arrests and prosecutions
Hotline and reward program
Prosecution:
Hold parents responsible
Make graffiti a victimless crime
Amend state law on sentencing
Education:
Expand community education programs
Funding:
Identify and establish a new, dedicated revenue source to support all activities for
graffiti prevention, abatement, enforcement, education, etc.
Michael Morales, Deputy Director of Community and Economic Development,
pointed out that although some of the suggestions look simple, they have
substantial costs. It becomes an investment decision. For capital projects, they
are now looking at the surfaces included to make sure graffiti protection is included
in the bid specs. Mr. Morales also pointed out the trend of the public to expect the
City to respond to graffiti problems and no longer paint it out themselves. Graffiti
abatement on private property needs to be put back into the hands of property
owners or residents. With the City looking from the perspective of an owner of
property, to protect taxpayers' investment it will take permanently assigning people,
equipment and resources to clean public rights -of -way, buildings, facilities and
surfaces. It is estimated that would cost $160,000 a year.
Enforcement
Chief Granato noted that a recent survey found many businesses were out of
compliance with the current graffiti ordinances and paint sales were not being
monitored. This included Wal -Mart, Home Depot, places with high volume sales of
spray paint. With instruction, compliance went up. He noted that other cities have
had some success when they advertised the arrests of people involved in graffiti.
Some have 'a hot line /reward program offering $100 to anyone who calls in
information on taggers that leads to arrest and successful prosecution. These are
areas we can consider when looking for more that can be done.
STUDY SESSION - GRAFFITI
OCTOBER 28, 2008
Prosecution
Cynthia Martinez, Assistant City Attorney, listed three ideas for improvement:
1) Hold parents responsible.
This is more of a policy decision on whether we want to hold parents financially
responsible or give them the tools to help them deal with their children.
2) Make graffiti a victimless crime.
She did not support this item as it removes the judge's ability to order
restitution upon conviction.
3) Amend state law on sentencing.
It is a gross misdemeanor punishable by up to a year in jail and a $5,000 fine if
the damage is under $250.
Ron Zirkle, County Prosecutor, Ken Ramm, Chief Criminal Deputy, and Jared
Boswell, Supervisor of Juvenile Prosecution Unit, gave information on cases for
2008. Since the first of this year, there were 71 juvenile cases filed coming from
the City of Yakima with 30 convictions, 17 cases diverted, 11 cases pending, and 8
dismissed because the juvenile pled to other charges. Only 5 out of the 71 cases
were not filed. They felt emphasis should be on diversion. Statistics were
reviewed with regard to the graffiti pod at Juvenile. During the period of August
2007 to August 2008, the County spent approximately $320,000 to operate. One
hundred seventeen cases were received from all law enforcement agencies within
the county equating to approximately $2,500 per juvenile. That is not financially
effective.
Education
Mike Morrisette, Chamber of Commerce, expressed concern about an ordinance
that would prohibit the sale of spray paint in retail stores. He suggested the
potential of launching a major emphasis campaign with businesses and private
homeowners and provide a "you can" approach. It could offer options such as
contracting clean up to a private service provider at a discount or doing it
themselves with the City providing paint and supplies.
Carol Holton spoke about the need to make sure our youth know that there are
alternatives to expressing themselves. She suggested more block watches to
increase the eyes in the community to help locate the offenders.
Funding
Mr. Cook pointed out that we have a coordinated, multi - departmental approach and .
are handling all of the elements, but there is always more that could be done. If
new elements are needed and they cost money, something else will have to be
eliminated.
Judge Susan Woodard, Municipal Court, clarified that it is not community service
but community restitution that is ordered. Although the biggest hammer is more jail
time, she would like to see a coordinated effort. She suggested, as part of the -
incarceration for the offense, include driving them to a scene of graffiti and
supervise them while they remove it_
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STUDY SESSION - GRAFFITI
OCTOBER 28, 2008
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Sean Hawkins, CDY, suggested it is time to train property owners on how to
property remove graffiti.
Tarin Miller, Police Officer, raised an issue with regard to holding parents
responsible. She advised that it is hard to catch the juveniles tagging, so they go
to the home trying to match different signatures. They must have the parent's help
to do that. If the parents are going to be held responsible for everything, they may
discontinue that help. She commented that the graffiti pod was beneficial because
offenders have stated it was an immediate consequence for them.
Nathan Quack, Graffiti Gone, gave a presentation of his company's estimates on
actual graffiti, and their proposal to abate it.
Linda lasella spoke in support of the diversion program and also recommended
parent counseling programs.
During Council discussion, the cost of repellants was raised as well as the need for
more sophisticated equipment and techniques, the status of graffiti cameras and
the ability of the diversion programs to handle more offenders.' It was suggested
that alleys could have a standard color to make it easier and more cost effective to
paint out.
3. Audience comments
19 None
is
4. Adjoumment
CAWLEY MOVED AND ENSEY SECONDED TO ADJOURN TO NOVEMBER 4,
2008 AT 8:30 A.M. FOR COUNCIL BUDGET REVIEW, THEN TO 2:00 P.M. FOR
COUNCIL BUSINESS MEETING IN THE COUNCIL CHAMBERS AT CITY HALL.
The motion carried by unanimous voice vote. The meeting adjoumed at 9:45 a.m.
READ AND CERTIFIED ACCURATE BY
ATTEST:
CITY CLERK
COUNCIL MEMBER DATE
COUNCIL MEMBER DA
DAVID EDLER, MAYOR
Minutes prepared by Linda Watkins. A CD and DVD of this meeting are available in the City Clerk's Office.
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