suggestions to the City

Dear Chief Spagnoli and Mayor Patterson:

On behalf of the residents of the St. Augustine/St. Francise Ct. neighborhood, thank you for responding to our concerns about the increased vandalism in our area, most specificallly, graffiti offenses. We are delighted that the City took immediate steps to a clear the pathway of excess trees and bushes. This will certainly enhance security and reduce the number of vandalisms in our neighborhood. Thank you for your efforts in getting this done.

One additional thing that needs to be done is to remove the large pepper tree and adjacent bushes along the pathway leading to the tunnel. If this were done, BPD officers would have a clear view of the entire pathway to the tunnel entrance from their vehicles on St. Augustine, thus removing the requirement for regular foot patrols to security check the area.

I walked the area today with Code Enforcement Officer Roger Core. It was evident to both of us that the graffiti vandals have been using the freeway shoulder for egress. There are numerous holes in the chain-link fence near the tunnel and numerous well-worn pathways in the grass extending from the tunnel entrance along the freeway. A number of spray paint cans are evident in the grassy area. This fence should be better secured to eliminate this point of egress. We also noted the lack of adequate lighting in the tunnel due to obscurement by graffiti, and along the pathway due to only two light fixtures and their relative weakness.

Also, there is no fence or protective device above the tunnel entrance to prevent a stranded motorist from falling about 10 feet to the sidewalk at the tunnel entrance. This is a hazard that should be eliminated with better fencing around the tunnel entrance. We took pictures of the area today to show you the problem. Here is the link to the pictures.. http://picasaweb.google.com/rsagun/TunnelAfterCleanup

We would like to know what the City's strategy is for preventing further vandalism in our area. An increase in the frequency of area patrols and security checks will help, but we do not believe that alone will be completely effective. What level of enforcement do you envision to discourage further vandalisms, specificallly graffiti? The Benicia Municipal Code 8.38.030 specifically states the following:
8.38.030 Graffiti under state law.
A. It is unlawful for any person to violate California Penal Code Section 640.6 which provides that any person who writes, sprays, scratches, or otherwise affixes graffiti on any real or personal property not his or her own is guilty of an infraction.
B. It is unlawful for any person to violate California Penal Code Section 594 which provides that any person who maliciously (1) defaces with paint or any other liquid; (2) damages; or (3) destroys any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism punishable by fine and/or imprisonment.
C. It is unlawful for any person to violate California Penal Code Section 640.5 which provides that any person who writes, sprays, scratches, or otherwise affixes graffiti on or in the facilities or vehicles of a governmental entity, whether leased or owned by the governmental entity, is guilty of an infraction.
D. It is unlawful for any person to violate California Penal Code Section 594.1 which provides that it is a misdemeanor for (1) any person to sell or furnish to any minor under the age of 18 an aerosol container, other than the parent or legal guardian of such minor; (2) any minor to purchase an aerosol container; and (3) any minor to possess an aerosol container while upon any public highway, street or alley. (Ord. 96-13 N.S.).
Does the Benicia Police Department aggressively pursue prosecution for all persons found to be in violation of the City Code? Has any "sting" operation, as is done with alcohol sales to minors, been performed to test the efficacy of subsection D? If not, we would request that the City and BPD consider these strategies. We fully support the strengthening of the Benicia Municipal Code with respect to graffiti control through stiffer penalties and heightened enforcement.

The City Code allows for implementation of CVC 42001.7 which permits a court to suspend or delay issuance of a driver's license for one year for each graffiti offense. Is this option being pursued by the City and BPD? We believe that one possible strategy would be to promulgate this information to local students through an information campaign. Also, we fully support the installation of surveillance devices (real or fake) and signs in the area to discourage potential vandals.

In review, we ask that you seriously consider the following strategies to prevent future vandalism, especially graffiti, in our neighborhood:

remove the pepper tree and surrounding bushes along the pathway to allow a clear view of the pathway to the tunnel entrance from the street
repair and enhance fencing around the tunnel entrance to prevent egress and potential injury to stranded motorists
enhance lighting along the pathway and in the tunnel
continue frequent security checks
installation of surveillance devices and warning signs
strict enforcement and strengthening of existing local code, state laws, and the CVC
consider a sting operation to determine the efficacy of Benicia Code in preventing sales of spray paint to minors
an information campaign in our local schools to educate students about the consequences of graffiti offenses.
Thank you for helping us to protect our neighborhood and the quality life in Benicia.

On behalf of the residents of St. Augustine Ct. and St. Francise Ct.,

Ross Sagun