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TO: The Honorable City Council
,169)._____
FROM: Kenneth C. Gilbert, Director of Public Works
DATE: April 27, 1993 (Council Meeting 5-5-93)
SUBJECT: Consider Authorization to Apply to the Ventura County
Flood Control District (VCFCD) for an Encroachment Permit
to Allow Graffiti Abatement by City Forces on VCFCD
Facilities
OVERVIEW
This requests direction regarding the use of City forces to remove
graffiti from VCFCD facilities.
DISCUSSION
A. Limited VCFCD Resources
Present policy of the Ventura County Flood Control District
(VCFCD) provides for a very limited graffiti removal effort.
The District will respond to complaints and remove graffiti from
their facilities when the graffiti includes profanity and other
offensive words or symbols . This policy does not allow the
VCFCD to respond to the growing problems caused by the typical
gang-related and other "tagging" graffiti being experienced in
this and other cities.
B. City Policy
It has been the policy and practice of the City of Moorpark to
actively abate graffiti from both City-owned and private
property (with signed Release) which is visible from a public
street or otherwise visible to the general public.
C. Use of City Forces on VCFCD Property_
In an effort to expand and improve upon the City's vigorous
graffiti abatement program, staff contacted the VCFCD for the
purpose of discussing the possible use of City forces to provide
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these services. Consistent with the above policy, City forces
would be used to remove graffiti from VCFCD facilities in those
areas immediately adjacent to public streets or other high
traffic areas easily viewed by the general public.
In recent weeks both the City and the District have been in
receipt of complaints regarding graffiti on VCFCD property which
is visible from a residence. The area in question is not
visible to the general public.
If the responsibility for graffiti removal from VCFCD property
were assumed by the City, the number of additional hours
required for graffiti removal is estimated to be approximately
one hundred (100) manhours per year.
D. Encroachment Permit
The response given by VCFCD to the City's inquiry was that the
City would have to pay a fee of $55 and obtain an Encroachment
Permit (to be issued for a term of five years) before these
donated services could be accepted. The purpose of the permit
is apparently to absolve the District of any liability for the
City's graffiti removal efforts on District property. The
purpose of the fee is to off-set the cost of County staff
administrative time required to process and administer the
permit.
E. Fee Mandatory
While the concept of paying the district in order to be granted
permission to provide maintenance to their facilities did not
seem appropriate, further investigation has shown that waiver of
the fee would require the adoption of a new ordinance by the
County Board of Supervisors and probably does not warrant the
amount of City or County staff time required.
F. Liability
The question of liability to the City for having access to,
entering upon and working it VCFCD facilities has not yet been
fully assessed.
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G. Committee Review
At their meeting of April 19 , 1993 , the Public Works, Facilities
and Solid Waste Committee this matter was discussed. Staff was
directed to prepare a report to the City Council summarizing the
issues involved.
H. Summary of the Issues
1. Should the City be performing VCFCD maintenance
responsibilities.
2. If so, should the City's efforts be limited to the removal of
only that graffiti visible to the general public.
3 . Should the City be accepting the liability associated with
graffiti removal efforts (sandblasting, etc. ) on VCFCD
property.
4. Should the City pay VCFCD a fee ($55 for a five year permit)
to do this work.
RECOMMENDATIONS
Direct staff as deemed appropriate.
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