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Home My WebLink AboutOrd 2018-3416ORDINANCE NO. 3416 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 9.20 TO PERMIT RECOVERY OF THE CITY’S AVERAGE COSTS RELATED TO GRAFFITI ABATEMENT AND REMEDIATION BY THE SAN DIEGO PROBATION OFFICE IN JUVENILE COURT PROCEEDINGS AND ADOPTING THE 2018 CHULA VISTA GRAFFITI ABATEMENT COST AND EXPENSES MATRIX WHEREAS, Government Code Section 53069.3 authorizes a city to enact an ordinance to use city funds to remove graffiti or other inscribed material from publicly or privately owned real or personal property located within the city, and to replace or repair property on which graffiti or other inscribed material cannot be removed cost effectively; and WHEREAS, Welfare and Institutions Code Section 742.14 authorizes a city to enact an ordinance permitting the probation officer of the county to recoup for the city, through juvenile court proceedings, the city’s costs associated with defacement by minors of city property and the property of others by graffiti or other inscribed material; and WHEREAS, the California Supreme Court, in Luis M. v. Superior Court of Los Angeles County, found that while a city may elect to have the probation officer of the county recover the city’s graffiti abatement costs through juvenile court proceedings, a city must first adopt an ordinance to authorize this action, in accordance with Welfare and Institutions Code section 742.14; and WHEREAS, in accordance with Welfare and Institutions Code section 742.14, such ordinance shall include specific cost findings that are to be reviewed at least once every three years and adopted by resolution; and WHEREAS, it is the express intent of the City Council to authorize the City of Chula Vista to recover its graffiti abatement costs through juvenile court proceedings as set forth in the Welfare and Institutions Code; and WHEREAS, the proposed amendment does not cause a substantial change to the objectives, policies, and regulations contained in Chula Vista Municipal Code chapter 9.20; and WHEREAS, the City Council believes that the City should avail itself of all remedies to recover its costs associated with the abatement of graffiti. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. Findings The City Council finds that: DocuSign Envelope ID: 94BC5F21-1746-4B28-AC71-5C50BF4D9C59 Ordinance 3416 Page No. 2 1. On September 28, 2017, the City of Chula Vista completed a comprehensive study and review of the graffiti abatement costs and expenses that was verified for use by the City of Chula Vista Finance Department. 2. The attached Graffiti Abatement Costs and Expenses Matrix reflects the most current average costs per unit of measure incurred by the Chula Vista Police Department in identifying and apprehending a person subsequently convicted of violating Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code or a minor subsequently found to be a person described in Section 602 of the Penal Code by reason of the commission of an act prohibited by those same sections. 3. The attached Graffiti Abatement Costs and Expenses Matrix reflects the most current average costs per unit of measure incurred by the City of Chula Vista of removing graffiti and other inscribed material, and of repairing and replacing property of the types frequently defaced with graffiti or other inscribed material that cannot be removed cost effectively. 4. The costs and expenses included in the attached Graffiti Abatement Costs and Expenses Matrix identify the basis upon which average graffiti abatement costs are determined and demonstrate the abatement cost to be recovered from a person convicted of violating Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code or a minor found to be a person described in Section 602 of the Penal Code by the San Diego probation office in juvenile court proceedings. 5. The attached Graffiti Abatement Costs and Expenses Matrix reflects the average costs and expenses associated with graffiti abatement in the City of Chula Vista. Section II. Chapter 9.20 of the Chula Vista Municipal Code regarding property defacement is amended to read as follows: 9.20.067 Collection of abatement costs through the juvenile court. A. For purposes of this section only, the following definitions are applicable: 1.“Minor” means a person under the age of eighteen (18) years who has been convicted of violation of Section 594, 594.3, 594.4, 640.5, 640.6 or 640.7 of the Penal Code, or has been found to be a person described by Section 602 of the Welfare and Institutions Code by reason of the commission of an act prohibited in the Penal Code sections identified in this subdivision. 2. “Graffiti Abatement Costs and Expenses” includes: a. the average law enforcement costs per unit of measure incurred in identifying and apprehending a Minor; and b. the average costs per unit of measure incurred by the city in removing graffiti; and c. the average cost per unit of measure incurred by the city in repairing and replacing property of the types frequently defaced with graffiti that cannot be removed cost effectively. DocuSign Envelope ID: 94BC5F21-1746-4B28-AC71-5C50BF4D9C59 Ordinance 3416 Page No. 3 B. The San Diego County probation office and its agents, employees, and assigns are hereby authorized, on behalf of the city, to collect from the Minor, the Minor’s estate, or the Minor’s parent or guardian, the city’s Graffiti Abatement Costs and Expenses through juvenile court proceedings, and to promptly transfer said funds to the city. C. Updated Graffiti Abatement Costs and Expenses findings shall be reviewed and adopted by the City Council at least once every three years. Immediately after adoption, the city clerk shall cause a certified copy of the ordinance adopted pursuant to this section and any resolution containing updated cost findings to be forwarded to the clerk of the juvenile court in San Diego County and to the probation office of San Diego County. [Note: [Sections 9.20.010 through 9.20.065, and Section 9.20.070 remain unchanged]] Section III. The City Council hereby adopts the graffiti abatement costs and expenses as set forth in the Graffiti Abatement Costs and Expenses Matrix attached as Exhibit 1 hereto and incorporated by reference herein. Section IV. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section V. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section VI. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VII. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. DocuSign Envelope ID: 94BC5F21-1746-4B28-AC71-5C50BF4D9C59 Ordinance 3416 Page No. 4 Presented by Approved as to form by Glen R. Googins Glen R. Googins City Attorney City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of March 2018, by the following vote: AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None Mary Salas, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3416 had its first reading at a regular meeting held on the 27th day of February 2018 and its second reading and adoption at a regular meeting of said City Council held on the 6th day of March 2018; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Dated Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: 94BC5F21-1746-4B28-AC71-5C50BF4D9C59 3/16/2018 Updated 09/28/17ClassificationGraffiti Related AnnualWorking HoursAnnual Hours (Standard Hours)% of Time GraffitiRelated FBHRGraffiti RelatedHourly Rate (Prorated) 0'‐1011'‐30'31'‐60' 61'‐100' 101'‐200' 201'‐300' 301'‐400' 401'‐500'Hourly Maintenance Worker I8822,08042.40%$68.06 $28.86 $28.86 $28.86 $43.29 $50.51 $57.72 $64.94$72.15 $79.37Maintenance Worker I 38 2,0801.83%$68.06 $1.24 $1.24 $1.24 $1.87 $2.18 $2.49 $2.80 $3.11 $3.42Maintenance Worker II 60.5 2,0802.91%$73.17 $2.13 $2.13 $2.13 $3.19 $3.72 $4.26 $4.79 $5.32 $5.85Senior Maintenance Worker 63.5 2,0803.05%$87.47 $2.67 $2.67 $2.67 $4.01 $4.67 $5.34 $6.01 $6.68 $7.34Equipment Operator 16 2,0800.77%$96.13 $0.74 $0.74 $0.74 $1.11 $1.29 $1.48 $1.66 $1.85 $2.03Public Works Supervisor 91 2,0804.38%$108.91 $4.76 $4.76 $4.76 $7.15 $8.34 $9.53 $10.72 $11.91 $13.10Gardener II 199.5 2,0809.59%$74.25 $7.12 $7.12 $7.12 $10.68 $12.46 $14.24$16.02 $17.80 $19.58Senior Gardener 39 2,0801.88%$86.98 $1.63 $1.63 $1.63 $2.45 $2.85 $3.26 $3.67 $4.08 $4.48Graffiti Abatement Coordinator 832 2,08040.00%$107.57 $43.03 $43.03 $43.03 $64.54$75.30 $86.06 $96.81 $107.57 $118.33Police Officers (2) 382 4,1609.18%$123.35 $11.33 $11.33 $11.33 $16.99 $19.82 $22.65 $25.49 $28.32 $31.15$92.19 $103.51 $103.51 $155.27 $181.15 $207.03 $232.91 $258.78$284.66SUPPLIES:RECYCLED PAINT GALLON: 10.15 10.96 2.74$ 5.48$ 5.48$ 8.22$ 10.96 16.44 21.92 32.88BRUSHES 8.99 9.7 9.70$ 9.70$ 9.70$ 9.70$ 19.40$ 19.40$ 19.40$ 19.40$ ROLLERS FRAME 6.99 7.54 7.54$ 7.54$ 7.54$ 7.54$ 15.08$ 15.08$ 15.08$ 15.08$ SLEEVES 2.99 3.22 3.22$ 3.22$ 3.22$ 3.22$ 6.44$ 6.44$ 6.44$ 6.44$ GRAFFITI WIPES 2 2.00$ 2.00$ 2.00$ 2.00$ 4.00$ 4.00$ 4.00$ 4.00$ OTHER SUPPLIES: GLOVES, GLASSES ETC.. 5 5.00$ 5.00$ 5.00$ 5.00$ 10.00$ 10.00$ 10.00$ 10.00$ 30.20$ 32.94$ 32.94$ 35.68$ 65.88$ 71.36$ 76.84$ 87.80$ EQUIPMENT: 2367 20.1320.13$ 25.16$ 30.20$ 35.23$ 40.26$ 45.29$ 50.33$ 55.36$ 50.33$ 58.10$ 63.14$ 70.91$ 106.14$ 116.65$ 127.17$ 143.16$ COST FOR GRAFFITI PAINTING153.84$ 161.62$ 218.41$252.06$313.17$349.56$385.95$427.82$ LABOR HOURS$103.51 $103.51 $155.27 $181.15 $207.03 $232.91 $258.78$284.66EQUIPMENT: 236720.13$ 25.16$ 30.20$ 35.23$ 40.26$ 45.29$ 50.33$ 55.36$ 123.64$ 128.68$ 185.47$ 216.38$ 247.29$ 278.20$ 309.11$ 340.02$ SUPPLIES: PRESSURE WASHING ‐ CHEMICALSBARE BRICK 68.00$ 17.00$ 17.00$ 34.00$ 34.00$ 68.00$ 68.00$ 68.00$ 102.00$ TSW 102.47$ 25.62$ 25.62$ 51.24$ 51.24$ 102.47$ 102.47$ 102.47$ 153.71$ 42.62$ 42.62$ 85.24$ 85.24$ 170.47$ 170.47$ 170.47$ 255.71$ COST FOR CHEMICAL REMOVAL ‐ PRESSURE WASHING166.26$ 171.29$ 270.70$301.61$417.76$448.67$479.58$595.73$ TOTAL COST$320.10 $332.91 $489.11 $553.67 $730.93 $798.23 $865.53 $1,023.552018 Graffiti Abatement Costs and Expenses Matrix CITY OF CHULA VISTADocuSign Envelope ID: 94BC5F21-1746-4B28-AC71-5C50BF4D9C59 i.. 4/ CHUL4 OF Office of the City Clerk March 19, 2018 Juvenile Court Administration Center 2851 Meadow Lark Drive San Diego, CA 92123 RE: Recovery of Costs Related to Graffiti Abatement and Remediation Enclosed please find the certified copy of Ordinance No. 3416, which was passed by the City of Chula Vista City Council on March 6, 2018. Per the ordinance, our office has been directed to forward this certified copy to your facility. If you should have any questions please do not hesitate to contact me at (619) 691-5041. Sincerely, a Kerry K. igelow, MMC City Clerk City of Chula Vista Enclosure 276 Fourth Avenue, Chula Vista, CA 91910 I www.chulavistaca.gov I (619) 691-5041 pireims OF CHULAVISTA Office of the City Clerk March 19, 2018 San Diego County Probation Department Administration Center 9444 Balboa Avenue, Suite 500 San Diego, CA 92123 RE: Recovery of Costs Related to Graffiti Abatement and Remediation Enclosed please find the certified copy of Ordinance No. 3416, which was passed by the City of Chula Vista City Council on March 6, 2018. Per the ordinance, our office has been directed to forward this certified copy to your facility. If you should have any questions please do not hesitate to contact me at(619) 691-5041. Sincerely, Kerry 1<!:igelow, MMC City Clerk City of Chula Vista Enclosure 276 Fourth Avenue, Chula Vista, CA 91910 I www.chulavistaca.gov I (619) 691-5041