City of Fort Bragg Page 1

Transcription

1 City of Fort Bragg Meeting Agenda Public Safety Committee 416 N Franklin Street Fort Bragg, CA Phone: (707) Fax: (707) Wednesday, November 12, :00 PM John Diederich Center 208 Dana Street Please note special location and time for meeting. MEETING CALLED TO ORDER ROLL CALL APPROVAL OF MINUTES Minutes of September 10, 2014 Attachments: PSCM pdf PUBLIC COMMENTS ON NON-AGENDA ITEMS CONDUCT OF BUSINESS Accept Community Input and Provide Direction to Recruiter Regarding Qualities Sought in New Chief of Police Review Revised Template for "Graffiti Abatement" Letters Attachments: PSCA Proposed Graffiti Abatement Letter.pdf Receive Oral Update Regarding Neighborhood Watch MATTERS FROM COMMITTEE / STAFF ADJOURNMENT STATE OF CALIFORNIA ) )ss. COUNTY OF MENDOCINO ) I declare, under penalty of perjury, that I am employed by the City of Fort Bragg and that I caused this agenda to be posted in the City Hall notice case on November 7, Debbie Desmond, Administrative Coordinator City of Fort Bragg Page 1 Printed on 11/7/2014

2 Public Safety Committee Meeting Agenda November 12, 2014 NOTICE TO THE PUBLIC DISTRIBUTION OF ADDITIONAL INFORMATION FOLLOWING AGENDA PACKET DISTRIBUTION: Materials related to an item on this Agenda submitted to the Council/District/Agency after distribution of the agenda packet are available for public inspection in the lobby of City Hall at 416 N. Franklin Street during normal business hours. Such documents are also available on the City of Fort Bragg s website at subject to staff s ability to post the documents before the meeting ADA NOTICE AND HEARING IMPAIRED PROVISIONS: It is the policy of the City of Fort Bragg to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. If you need assistance to ensure your full participation, please contact the City Clerk at (707) Notification 48 hours in advance of any need for assistance will enable the City to make reasonable arrangements to ensure accessibility. This notice is in compliance with the Americans with Disabilities Act (28 CFR, ADA Title II). City of Fort Bragg Page 2 Printed on 11/7/2014

3 City of Fort Bragg Meeting Minutes Public Safety Committee 416 N Franklin Street Fort Bragg, CA Phone: (707) Fax: (707) Wednesday, September 10, :00 PM Police Department Conference Room 250 Cypress Street MEETING CALLED TO ORDER ROLL CALL Present: 7 - APPROVAL OF MINUTES Committee Member Deitz called the meeting to order at 2:59 P.M. Scott Deitz, Heidi Kraut, Linda Ruffing, Tom Varga, Stephen Willis, Steve Orsi and Debbie Desmond Minutes from Special Meeting of February 19, 2014 A motion was made by Committee Member Deitz, seconded by Committee Member Kraut, that the Committee Minutes be approved. The motion carried by a unanimous vote. PUBLIC COMMENTS ON NON-AGENDA ITEMS Madeleine Melo read a letter to the Committee that a citizen had received from the City's Community Development Department, concerning removal of graffiti on her property. The letter gave the owner 15 days to remove the graffiti and informed her that the City would reimburse her for $30 of the cost. The owner was already frightened by having gang graffiti on her property and felt that the letter she received from the City was threatening and intimidating. Melo explained that the citizen was actually a victim and she was being made to feel like the perpetrator of the crime. Melo and the citizen suggested that the tone of this type of letter be friendlier and indicate that the City is willing to help the property owner with compliance. They felt that the reimbursement amount was out dated and should be increased. It was also suggested that the letter include what the City and Police Department are doing to eliminate gang activity in the City. Committee Member Deitz and City Manager Ruffing agreed with the suggestions and will communicate with the City s Community Development Department about the needed changes to the letter. Lindy Peters mentioned that he had heard Fort Bragg used to have a Police Advisory Committee that seemed to go dormant after a period of time. He felt that such a Committee would provide a good opportunity for the Chief of Police and the community to interact. Committee Member Deitz will see if he can get some information on that committee. Judy Valadao, the Fort Bragg Neighborhood Watch Coordinator, informed the Committee that Neighborhood Watch is still going strong. She will be meeting with Chief Willis soon and is going to request that Sergeant Kendl be the Police Department contact officer for Neighborhood Watch. The Police Department recently supplied the group with Emergency Preparedness Handbooks put out by the National Neighborhood Watch Institute. Younger people are starting to get involved with Neighborhood Watch. Valadao suggested the discussion concerning Neighborhood Watch signs be placed on the next agenda as far as City of Fort Bragg Page 1 Printed on 11/5/2014

4 Public Safety Committee Meeting Minutes September 10, 2014 removing the old signs, signing up those neighborhoods and placing new signs where they are needed. Committee Member Deitz let Valadao know how much he appreciates all that Neighborhood Watch does and stated that it is very good for the City. Derek Hoyle informed the Committee that he is working with the Police Department on a radio at the Emergency Operations Center (EOC). Also, he would like to see violators using the motorcycle only parking in front of the Headlands Coffee House on Laurel Street ticketed more often, as it is not good for anyone if cars are parking in that spot. Hoyle had heard about some mental health calls where the subject had to wait for a very long time for mental health to respond. He asked if the officers are required to stay with the patient until mental health arrives. Sergeant Lee let him know that officers do not stay if there is no danger to the patient or staff. The hospital has their own security staff and the officers stay until the patient is manageable. CONDUCT OF BUSINESS 1. Receive Oral Update From The Police Department Public comment on this item was received from: Derek Hoyle, Lindy Peters, Kim Evans and Judy Valadao. The following was noted during discussion of this item: Chief Willis informed the Committee that the Police Department is up to full staffing. Two officers returned from medical leave in the past month and one is still out on leave. A newly hired recruit is attending the Police Academy in Santa Rosa and will graduate in early December. Since he left the department in July of 2011, there have been seven new officers hired. National Night Out was very successful this year. Chief Willis rode with Officer Song and very much enjoyed visiting many of the 14 neighborhood groups and businesses that participated. Chief Willis rode with officers all three days of the Paul Bunyan Days weekend. The parade was nice and the day was entertaining with a good turn out from the community. It was a relatively quiet weekend for the Police Department considering the number of people in town. There was a Citizen Advisory Board when Chief Willis was the Chief of Police in Sausalito made up of the Chief, a Captain and five citizens. It turned out that there was a great deal of frustration on the part of the citizens. He is willing to participate if that is what the citizens want. He feels the Public Safety Committee is a good venue for citizens to interact and communicate with the Police Department. He would like to encourage more citizens to participate in the meetings, even if that means having an evening meeting from time to time. Sergeant Brandon Lee answered questions concerning the homeless and transients in the City. Many of the problematic people the Department comes in contact with are not locals and have more serious problems. Some have out of state warrants that they can t be arrested for because the other states won t extradite. The local Law Enforcement agencies are working together like a task force to create common codes for enforcement. They are also working on developing multi-agency sweeps as another option for enforcement. Hopefully by the end of the year the mulit -agency task force will be solidified to take action county wide. Officers are working on code enforcement to assist with the parking problems near the Food Bank and many of the people living in their cars in that area are starting to move on. The Department is also working on eradicating the transients in Otis Johnson Park. Officers are out there frequently during the week, breaking up homeless camps, clearing litter and City of Fort Bragg Page 2 Printed on 11/5/2014

5 Public Safety Committee Meeting Minutes September 10, 2014 trash. Vegetation is going to be cleaned up to minimize areas where transients can hide or camouflage their camps. It s a tough job keeping it cleaned up and the situation can change from one day to the next. Lee wanted to commend the Police Officers for the job that they have done with the recent influx of transients in our community partly due to the center in Ukiah closing and the hot weather inland. They have been contacting these people, learning who they are, as there are many new faces, the areas they frequent and if they are a problem or not. The officers are keeping a good handle on the situation. Committee Member Kraut mentioned that the Ukiah shelter is slated to reopen, although there will be a smaller number of beds. City Manager Ruffing mentioned that the Buddy Ehler Center was a 64 bed shelter and is now being converted into a drug and alcohol rehab facility. They are moving the Ford Street Project into the Buddy Ehler Center and will open it as a homeless shelter with 18 beds, which is a very serious reduction. Lindy Peters mentioned that many citizens are not aware of how to recognize gang members or what gang indications are, such as the colors they wear. He suggested a press release or some way to make the public aware of this information. Lee agreed and suggested that perhaps a local presentation, like ones that had been done in the past when the department had School Resource Officers in place, would be a good way to educate the public. Also placing an article in the paper was suggested. Committee Member Deitz reported that he has received no negative feedback about any issues with our Police Officers. Chief Mayberry s strong point was working with the community. He passed that on to his officers and they are well trained at doing that. Even though he has retired, the officers are still here and he hopes that there are no bad feeling towards the officers. They have gone through a lot with the current transition. Deitz hopes the community appreciates them, buys them a cup of coffee, talks to them and pats them on the back for the good job they are doing. This Staff Report was received and filed. 2. Receive Oral Update From The Fire Department Public comment on this item was received from: Derek Hoyle, Judy Valadao and Madeleine Melo. The following was noted during discussion of this item: Fire Chief Orsi presented the Committee with a written report summarizing an update on the operation of the Fire Department for The department has had more volunteers in the past. There are currently 18 volunteers, which is down from the normal number. They have 10 officers and everyone is doing an excellent job. Orsi reviewed the department s locations and equipment for each location listed on the report. There is some concern in the deparmtent about volunteers being able to leave their current jobs and respond to fire calls when needed. The job is still getting done but it is something the department is looking at. It was asked how the department would respond in a disaster situation because so many of the volunteer firefighters are also City employees. Orsi confirmed that everyone understands that their jobs with the City come first. Public Works knows they need to be available to turn water off and other immediate needs. The public would not be able to be trained to do that type of thing as it requires specific certification. Disaster response is not an us or them situation and many departments will overlap as needed to respond adequately. Often one person can take on many responsibilities for various departments. City of Fort Bragg Page 3 Printed on 11/5/2014

6 Public Safety Committee Meeting Minutes September 10, 2014 Neighborhood Watch participants can help by making sure their members are prepared for disasters and assist those who need it in your neighborhood when disaster strikes. Committee Member Deitz suggested that perhaps one of the volunteer firemen can attend a Neighborhood Watch meeting with the focus on disaster preparedness. He also commented that the members of the Fire Department are a group of can do guys that get things done. This Staff Report was received and filed. 3. Receive Oral Update From The Public Works Department Public comment on this item was received from: Lindy Peters The following was noted during discussion of this item: The Public Works Department has a complete and current set of safety manuals covering a whole range of issues. The department takes part in a great deal of training including asbestos training, confined spaces training and trench shoring safety training. They are looking at some future training for traffic control and other issues as nothing takes the place of good training. The recent Napa earthquake acted as a reminder of how important disaster preparedness is. The department will be refreshing the staff on such items as the location of all emergency protocol manuals, communications and how to work around communication failures during a disaster, discussing what constitutes an effective response to disasters, setting priorities and working with scenarios to help develop response options. The Coastal Trail was started in August and is finally underway. The department is cautiously optimistic that the north half will be largely done before the rainy season starts. The project should be wrapping up in the fall of It is approximately a four million dollar job. Everyone is working very productively to get this project completed. The Main Street Merge project is going to improve pedestrian safety, smooth traffic movement and improve economic development as well. It is about a 2.9 million dollar project. The department is working very closely with CalTrans. The project should be under construction by spring of next year. The Summers Lane Reservoir project will give the City a secure water supply for firefighting and domestic and commercial uses as well. This is going to be about a 1.7 million dollar project, $700,000 of which will be secured from Proposition 84 via the state. Hopefully the project will be under construction by summer of next year. One of the City s most important projects is the upgrade of the wastewater treatment facility. It has been around for about forty years and although it has had improvements over the years, it now needs to be entirely replaced. There are three goals of the initial plans. They are to improve reliability, improve quality of discharge and increase diversion and reuse. The proposed reservoir is a good distance away from the County/City proposed transfer station, approximately a mile or more. The entire recreation district parcel is between it and the transfer station. This Staff Report was received and filed. MATTERS FROM COMMITTEE / STAFF City Manager Ruffing stated that Chief Mayberry s resignation was effective September 2nd and the City is starting to look at how to proceed with the recruitment for a new chief. There are limitations to how long Interim Chief Willis can remain in the position as a retired CalPers employee. A Chief recruitment takes many months to complete and if all goes well, City of Fort Bragg Page 4 Printed on 11/5/2014

7 Public Safety Committee Meeting Minutes September 10, 2014 the hope is to have a new Chief by next March or April. The City is evaluating the pros and cons of using an executive recruitment firm to conduct the recruitment. There are a few that actually specialize in Police Chief recruitments and have very good networks to draw from as far as coming up with a good selection of candidates. They typically use retired Police Chiefs as the recruiters, so you have that expertise involved in screening the applicants. Assuming that we start the recruitment next month, it is likely that the Oral Board process would occur in February. The City is planning on having an Executive Oral Board that is typically comprised of Police Chiefs, Public Safety Executives and City Managers. There will also be a Community Oral Board, that generally includes business people, school representatives, neighborhood watch members and other representatives of the community that interact with Law Enforcement. The candidates are also required to complete a written exercise. The process will be starting soon and the timeframe from beginning to end is expected to be about five or six months. The executive recruitment firm would need to be approved by the City Council. After the oral board process there is a negotiation process and then a POST (Police Officer Standards and Training) background process that needs to be completed. The timeframe may need to be extended a little if the candidate needs to give notice to their employer. It was suggested that the City get as much local input as possible on who our new Police Chief will be. Committee Member Deitz will make sure that the community is involved in the process. ADJOURNMENT The meeting was adjourned at 4:20 PM by Committee Member Deitz. City of Fort Bragg Page 5 Printed on 11/5/2014

8 CITY OF FORT BRAGG Incorporated August 5, N. Franklin Street Fort Bragg, CA Phone: (707) Fax: (707) Date Property Owner Address Re: Graffiti on Building at, Fort Bragg, CA Dear : The City of Fort Bragg prioritizes the cleanup of graffiti by communicating with property owners whose buildings have been defaced and by working with property owners to facilitate the cleanup. Unfortunately, graffiti has recently been observed on the side of the building you own, located at. Fort Bragg Municipal Code prohibits graffiti upon any publicly visible structure and provides for a 15 day window from the date of notice to remove the graffiti and an appeal process. The City s Municipal Code can be found on the City s website at: We realize that this places a burden upon property owners whose property has been defaced through no fault of their own, especially if the situation is recurring. Therefore, the City has established a program which assists property owners with the removal of the graffiti by reimbursing for a portion of the cost of painting over the graffiti. Photo of building with graffiti here Graffiti on the building at 1 P a g e

9 The City will reimburse property owners up to $30 for supplies needed to remove graffiti. Details can be found on the City s website at a Graffiti Removal Reimbursement Form is enclosed for your use. We hope you will take the steps needed to remove the graffiti from your building as soon as possible and avail yourself of the Graffiti Reimbursement Program. The Fort Bragg Police Department is very aware of the graffiti problem and they will take action on all reports of vandalism and or graffiti. If you have information about the person(s) who vandalized or placed graffiti on your building, please report it to the Fort Bragg Police Department s dispatch, We would appreciate your help in apprehending those responsible, as this can be a gateway to other crimes and is sometimes related to more significant gang related crimes. If you have any questions concerning the above, please contact me at ext Let s work together to keep the City of Fort Bragg beautiful and graffiti free. Sincerely, Marie Jones Community Development Director MJ/jl Enclosure cc: City Manager Fort Bragg Police Department Public Works Department 2 P a g e

10 GRAFFITI PROHIBITED. A. No person shall place graffiti upon any public or privately owned permanent structure or personal property located on publicly or privately owned real property that is within public view in the City. Any violation of this provision may be prosecuted as a misdemeanor in addition to any other remedies provided for the violation, including without limitation, the penalties provided in Cal. Penal Code 594. B. No property owner shall permit or allow any graffiti to be placed upon or remain on any real property or personal property when the graffiti is within public view, for a period in excess of that described in this chapter for notice and removal of graffiti NOTICE. A. Whenever the Chief of Police or his or her designee determine that graffiti exists on any permanent structure in the City and is within public view, he or she shall cause a notice to be issued to the property owner to remove the graffiti. The property owner shall have fifteen (15) calendar days after the date of the notice to remove the graffiti or the property will be subject to abatement by the City. B. The property owner may appeal the determination of the Chief of Police or his or her designee regarding the existence of graffiti, whether the person upon whom the notice was served is responsible for its removal, or whether circumstances exist that would justify an extension of time for removal by filing a written notice of the appeal with the City Manager within ten (10) days after the mailing of the original notice to the property owner. The City Manager is authorized to review and render a decision on any appeal and shall serve the decision on the person(s) filing the appeal within five (5) business days of the decision SERVICE OF NOTICE. A. The notice to remove graffiti shall be served upon the property owner(s) as the owner s name and address appears on the last equalized property tax assessment rolls of the County of Mendocino. In addition, if there is a tenant of the premises, the notice shall also be served on the tenant. If there is no known address for the property owner, the notice shall be sent in care of the property address. If there is no person occupying the property, the notice shall be posted thereon. B. The notice required by this chapter may be served in any one (1) of the following manners, unless the notice is served by posting: 1. By personal service on the owner, occupant, or person in charge of the property; or 2. By registered or certified mail addressed to the owner at the last known address of the person REMOVAL OF GRAFFITI. No property owner shall permit his or her property that has been defaced with graffiti to remain so defaced for more than 15 calendar days following notification to the property owner or other responsible person(s) from a City official to remove the graffiti FAILURE TO REMOVE GRAFFITI. For each day that graffiti remains in public view beyond fifteen (15) calendar days following service of a notice to remove, the property owner shall be in violation of this chapter. Each and every such day shall constitute a new and separate violation, and may be charged and enforced as such. 3 P a g e

11 REMOVAL BY CITY. Upon failure of persons to comply with the notice to remove by the designated date, or such continued date thereafter as the City Manager or his or her designated representative approves, the City Manager is authorized to cause the graffiti to be removed by City forces or private contract, and the City or its private contractor is expressly authorized to enter upon the premises for such purposes, following reasonable notice to the property owner, occupant or person in charge of the property. All reasonable efforts to minimize damage from the entry shall be taken by the City. Any paint used to obliterate graffiti shall be as close as practicable to background color(s). Neither the City, nor any of its officials, officers, employees, consultants, or representatives, including a private contractor hired by the City to remove graffiti, shall be liable for alleged losses or damages pertaining to the removal of graffiti in the manner described and authorized in this chapter, save and except for any losses or damages resulting from gross negligence or willful misconduct SUMMARY ABATEMENT BY CITY. The Chief of Police or his or her designee is hereby authorized to summarily abate gang-related graffiti. The abatement may be undertaken by City staff or representatives, or by outside contractors. The costs of summary abatement, including the costs of removal and other expenses of abatement, may be assessed against the person causing or creating the graffiti, or a responsible adult, or an emancipated minor who is responsible for creating the graffiti. Recovery of the costs of removal or expenses of abatement may be enforced by the City in the manner and following the procedures described in Cal. Government Code LIABILITY FOR CITY S COST OF ABATEMENT. A. The property owner shall be responsible to the City for the expenses of abatement. Notice of the expenses of abatement shall be given to the property owner by the City Manager, in the same manner as provided for giving notice in (Service of Notice) hereof. The property owner may appeal the expenses of abatement to the City Manager by filing a written appeal within fifteen (15) days of the service of the notice. He or she may appeal the City Manager s determination by written appeal in accordance with the procedures described in Chapter B. Unless the expenses of abatement are paid within thirty (30) days of notice of same, or in the case of an appeal, the determination of the appeal, a notice of lien shall be recorded in the office of the Mendocino County Recorder and shall constitute a lien on the property and may be assessed against the property owner in the manner and following the procedures described in Cal. Government Code (Ord. 849, 2, passed ; Am. Ord. 900, 15, passed ) RESTITUTION. The City or any property owner who suffers property damage and/or monetary loss as a result of having to remove graffiti may seek restitution for all expenses of abatement, including all costs of removal, for any damage caused by the graffiti or the removal of same. Restitution may be pursued by the City and/or the property owner in a separate civil action or as part of a criminal proceeding against the perpetrator. A responsible adult may be held liable for damage or costs incurred as a result of graffiti by a minor that defaces or otherwise damages property pursuant to this chapter. 4 P a g e