Big City Cleanup in Progress - Excellent!

I almost feel like I am at work! "Attention all aircraft, men and equipment working alongside the runway. Use caution while taxiing."

This morning the air was filled with the sound of power washers, leaf vacs, weed trimmers, and men, women, and equipment working on cleaning up the Third Street Tunnel pathway. There were so many City trucks on St. Augustine that one could hardly squeeze by.

I took a walk and found all the new graffiti, as seen in my last post and some from the past, had been removed, all the bushes neatly trimmed, the freeway culvert graffiti painted over...holy smokes Ollie! It almost looks like the City is preparing for a big get-together or something. You think?

It looks like the beautification issues are well in hand..kudos to the City. This is an excellent example of Crime Prevention Through Environmental Design (CPTED). Now all we need to do is get our arms around the bigger issues of prevention.

Fellow Benicians, tonight is your night to put forth your ideas and hear those of our City leaders.

To the City of Benicia, thank you for excellent response.

What is the strategy? Meeting tonight - please attend

Dear Fellow Neighbor:

I hope that you will attend the meeting with the City this evening, 7/21/08, at 6pm, at the corner of East 3rd and St. Augustine.


Like you, my time is precious and I don’t like wasting it. I don’t think we want to listen to the City tell us that “Everything is under control” or “We are doing the best we can”. If this were the case, we would'nt be having this meeting. I think we want to hear about a real strategy and how it is being implemented. If you share this viewpoint, let’s actively seek the answers that we deserve.


• What is the police department's and the City's specific strategy to alleviate these problems?


• How much graffiti does the City abate annually? What is the cost to the City?

• California State Law prohibits sale of spray paint to minors. Has the City recently reminded Benicia retailers of existing statutes?

• How many vandalism arrests has Benicia PD made? How many were prosecuted and convicted?

• When was the last graffiti- implement "sting" operation, as is done for alcohol sales, conducted in Benicia? Is one being planned?

• What progress has been made regarding the development of an informational campaign for local students through the DARE Program reminding them about the consequences of graffiti offenses?

• Has the Benicia Police Department ever pursued the option of requesting a delayed or suspended driver's license for graffiti offenders as provided by state law?

• What is being done to strengthen the Benicia Municipal Code with regard to graffiti offenses and possession of graffiti implements, as other cities and counties have done (e.g. Santa Cruz County)?

• What consideration is being given to improving neighbor-friendly lighting along the pathway?

• What progress is being made to repair the fencing around the tunnel entrances?

• What is the Benicia PDs policy regarding documenting graffiti offenses? How many have we had?

• What is the disposition of the tree removal and/or trimming and sidewalk repair?


Thanks again for your participation and support. – Ross Sagun

Comments from the neighborhood

Here are some of the comments that I have recently received. Keep them coming! Please don't forget to attend the meeting with the City on Monday, July 21st at 6pm at the corner of East 3rd St. and St. Augustine. I hope that you are enjoying this blog. We are making progress.
..Ross Sagun


First, I would like to commend the city for a wonderful job in their efforts to clean up the entire pedestrian path including the tunnel. As property owners adjacent to the path, we have been victims of vandalism including fence breakage, and our dog has suffered cuts to his paws from broken glass along the path. Frankly, we have been afraid to use the path ourselves for quite some time. I believe there have been several suggestions given on this site that would decrease the availability of the path for illegal activities. I strongly support the following initiatives:
-repair and enhance the fencing around the tunnel entrance
-installation of warning signs reinforcing the Benicia Municipal Code's graffiti ordinances
-strict enforcement of said ordinances, including suspension of driving privileges!
-development of school information program on said ordinances
-"sting" operation and letters to merchants reminding them of prohibition of sales of spray paint to minors
-FOOT PATROL ALONG THE PATH!!! There is absolutely no substitute for police presence when it comes to deterring this type of property crime and juvenile delinquency including underage drinking and drug usage.

I also strongly advocate the closing of the gate after 8 or 9 p.m. I have personally witnessed adults (far beyond the age of being a juvenile) that were walking on the path while clearly intoxicated and carrying alcohol in glass containers (which will certainly later be seen as glass fragments along the path).

We regularly hear a sound similar to a gunshot coming from the direction of the path and are unsure of its cause but believe it is connected to activity in or near the tunnel.

Respectfully, I am less sure of my support for a couple of the suggestions offered previously.
1) Removal of the pepper tree. While I share concern for visibility of the tunnel and proximity of the tree trunk to the path, as a property owner I do benefit a great deal from the tree in terms of privacy and beautification of my property, as it shields noise and views of the not-too-distant freeway and 2nd Street exit/entrance ramps. I agree with Mayor Patterson that the tree provides shade and mature beauty to the pathway, lending the type of aesthetic that I think makes the pathway a potential asset to the city. I believe the other suggestions above could reduce the level of vandalism along the path, and render this potential action unnecessary. I would like to see the city pursue this action as an absolute last resort.
2) Improving lighting along the pathway. I have noticed there is inadequate lighting at certain points along the pathway, but similar to my previous comment I am concerned about the impact of increased lighting on my home and the privacy of my yard. I would ask the city to consider installing the lighting along the path at a lower level closer to the path itself, which would increase lighting along the actual path while minimizing the glare ane potential negative impact to the residents adjoining the path. Even today with the lighting that isn't helping much along the path itself, I look out my window at an ugly, orange colored and useless street light that is incredibly distracting from an otherwise lovely view. I believe a brighter light installed lower and closer to the path would enhance safety and security along the path and also increase livability and property enjoyment for the adjacent homeowners.

I believe the city has taken some major steps to reverse the effect of years of neglect along the pedestrian path/tunnel. We spoke to Mayor Patterson about this concern as she was running for office, and I'm encouraged to see there have been actions taken by the city to address the concerns of citizens of our neighborhood and city. I believe with the implementation of these suggestions and continued focus on this area by Benicia P.D., the pedestrian path can be identified as a true Benicia asset in which we can take pride.
-BM 7/8/08



Wake up people.
-J.T. 7/13/08

It looks like your efforts have got the attention of the City.

There is a new tree ordnance which was just passed by the City Council. There is a mentality that thinks more trees are the way things should be. The term "remember the urban forest" has been quoted by Parks and Rec people several times. I reminded them about the fire at Lake Tahoe that burned 254 homes. That is off the subject that you are tackling, but the point is that when it comes to trees the progress is slow.
LC 7/15/08

I saw the Vallejo Times article online. I too contact and follow up on graffiti tagging with the city. I am a believer that tagging is a sign to potential customers and home buyers that the city could be in decline.

I live on Mountview Terrace (above the old city cemetery) and I was wondering if your neighborhood meeting on 7/21 would include our area. We have the vast majority of city public housing in our neighborhood and we see this problem increasing.

I completely agree with your “what needs to be done” list. The city needs to get engaged on this especially given our larger neighbor’s financial situation. We will see more and more Vallejo gangs (in addition to our own) tagging in Benicia if the city and its citizens do not take control of the situation and drive them out. I believe they will simply move on if their tags are quickly and completely erased.

My wife and I moved here from LA 10 years ago. The signs that Benicia may be going the way of the small outlying towns around LA are ominous. Tagging is not simply a nuisance, it’s the way the gangs and their want-to-be’s mark territory. Having a stabbing downtown last weekend reinforces this concept. We need to take action – Now.

BTW – Some of your photos show a 707 tag marked through. This is very bad. It means that another gang is challenging whatever gang it thinks is running Benicia. That tag suggests real violence. The rest of the tags look like “recognition tags” – Simply a name or nickname. I don’t see anything that looks like real gang tagging (MS13, etc.) but that can’t be far behind if we don’t take action.

Thanks for your leadership here –I hope you continue your work.

S.G. 7/15

read the article in the Benicia Herald but will be out of town for the July 21st meeting. I did not receive a notice from the city about the meeting. My family and I use the Tunnel almost every day. I have had an on-going dialogue with Dan Schiada, Nate Rankin, and Mike Roberts (all from Public Works) about the Tunnel for the past 4 years. We have had Neighborhood Watch meetings to address crime and Tunnel graffiti. The city receives calls from me whenever new obscenities or otherwise offensive tags go up. I must say, since Mr. Rankin became supervisor about a year ago, I have gotten a much quicker response than in past years. My no. 1 priority has been removal of broken glass and other debris that is a clear safety hazard to me and my children (we have gotten glass shards in our feet on the walk to school, for example). My second concern is the offensiveness of the images and words painted on the walls and floor of the tunnel, sidewal k, and fences. I am very appreciative of Mr. Rankin's efforts to clean up after the weekend revelry. The paper stated Mr. Schiada plans weekly paint-overs (in addition to the weekly cleaning that now takes place?). I am shocked, but pleasantly so. This is fantastic! I have read that the best deterrent to graffiti is to promptly and consistently paint over it. Now we will get to see for ourselves if this is true. Of note, I was promised by Mr. Schiada (at least I remember it as a promise) that the glass over the tunnel lights would be replaced with easy-cleaning glass so it would not be so dark in there. That was 4 years ago. I remain optimistic.

As for closing the tunnel at night, I understand there is a history behind that and the police dept has specific reasons why they do not want the tunnel closed. It never hurts to revisit the question of night-time closure, but from my discussions I would be surprised if they will seriously entertain the idea. Let them tell you why. If they do consider the idea, please know that the hour of closure would have to be pretty late (midnight?) in order to allow those of us who use it at night to get through. My family and I use it often throughout the school year, and I have friends in the Hillcrest neighborhood who use it frequently to get downtown at night during the summer. I would hope for a thorough dialogue - including people who actually use the tunnel - if this issue is pursued.

Lastly, I understand that the St. Augustine-St. Francis Ct. home owners association pays the city to take care of the upkeep of the sidewalk leading to the tunnel as well as the vegetation along the path. If that is true, why don't you all insist that the city do it's contracted job? The massive clean-up that has been taking place over the past month is about 5 years overdue. My pleas with the city seemingly went nowhere. I hope the city is going to fix the sidewalk (which my younger children have tripped on numerous times and skinned their knees) as part of the current project. Maintenance will be key. Will the home owners association be pressuring the city to keep things safe and clean along the path from now on? We would rejoice daily!

As an eastside pedestrian, I am thrilled that someone besides me is speaking up. I like to think that more people would walk if they felt safe and in pleasant surroundings. I have never let the problems of the Third St. Tunnel stop us from walking, just as the speeding traffic on Military and up Third doesn't stop us. But for those who are deterred by such intimidations, may they start to get out of their cars as things improve thanks to a concerted effort by all of us.

MP 7/16

Neighborhood meeting planned for Monday 7/21 6pm

Apparently, the City is planning to hold a neighborhood meeting to discuss our vandalism and malicious mischief issues. The last word we received from the City is that the meeting will be held on Monday 7/21 at 6pm. The location is yet to be determined, but St. Francise Court or the pathway entrance to the Third Street Tunnel (south end) are two possible locations. Please plan to attend. I will post more info as it becomes available.

Here are some issues that I would like to see discussed:

1. what is the PD's and the City's specific strategy to alleviate the problems?
2. California State Law prohibits sale of spray paint to minors. Has the City recently reminded Benicia retailers of existing statutes?
3. When was the last graffiti implement "sting" operation, as is done for alcohol sales, conducted in Benicia?
4. What progress has been made regarding the development of an informational campaign for local students reminding them about the consequences of graffiti offenses?
5. Has the Benicia Police Department ever pursued the option of requesting delayed driver's license issuance for graffiti offenders?
6. Is there any work in progress to strengthen the Benicia Municipal Code with regard to graffiti offenses and possession of graffiti implements, as other cities and counties have done (e.g. Santa Cruz County)?
7. What consideration is being given to improving neighbor-friendly lighting along the pathway?
8. What progress is being made to repair the fencing around the tunnel entrances?
9. What priority will the City and the Benicia Police Department be placing on vandalism and malicious mischief offenses?
10. What is the disposition of the tree removal and/or trimming and sidewalk repair?

The graffiti removal in the tunnel and the pathway cleanup were great and very appreciated, but in and of themselves do not constitute an adequate strategy for preventing future incidents. I hope that you are as eager as I am to hear the City's strategy. Please mark your calendars.

No Graffiti in Benicia?

No graffiti in Benicia? Fence, sidewalk, culvert, signpost, tunnel wall, utility box, underpass, wall, storage unit, building graffiti, you name it, we have it.

Most of it has been abated (covered), but, nonetheless, we have graffiti in Benicia. Just look at how much is in and around the Souhthampton Shopping Center. Can you imagine how much it cost for those businesses to cover all that? Practically, the whole south side of the shopping center has been repainted. Who would have the nerve to tell those retailers that we don't have a graffiti problem?

This is costing everyone in Benicia...whether it is a private resident, a business, or the City, there are big bucks going into this problem.

Would anyone care to dispute that?


Let us not put our heads into the sand and deny it. Rather, let's get together, acknowledge the problem, plan an effective strategy, implement it, and keep the problem under control as it is now. As we frequently say in my business, "When it is all said and done, its cheaper to go first class." We can pay now, or pay later.

What needs to be done

Here is a list of action items that need to be accomplished in order to help stem the tide of reoccurring vandalism in our neighborhood:

1. the City should send out a letter to all businesses in Benicia that sell graffiti implements (spray paint, stick markers, etc) reminding them that it is illegal to sell to minors. How difficult would this be to accomplish?
   
2. a "sting" operation should be conducted to measure compliance with existing codes. We do it for alcohol sales; why not sales of graffiti implements?
   
3. the City Council should begin work on strengthening the Benicia Municipal Code section 8.38.100 (graffiti control) as other cities have done. Even some City officials, who shall remain nameless, report to me that existing code is outdated.
   
4. establish a zero-tolerance policy with regard to graffiti and vandalism offenses. This is costing the City, read the citizens, a lot of time, aggravation, and resources.
   
5. develop an informational program for students to educate them about the negative consequences of graffiti offenses.
   
6. neighbor-friendly lighting needs to be installed along the pathway to replace existing lights. The existing lighting is weak and sparse.
   
7. The City Council needs to establish a Graffiti Task Force to continuously address and "own" the issue; otherwise, where is the followup?
   

Is anyone listening?

----------------------------------------------------------------------------------------

I want to commend the City for their very prompt response to the new graffiti that was discovered today at about 0830. By 1pm, the graffiti in the tunnel had been painted over. That is excellent response. Thank you!

"We don't have a graffiti problem in Benicia." Really?

This morning I took a walk down my favorite pathway to the tunnel. Not surprisingly, I found some new graffiti that must have just occurred in the last couple of days. Since it had not been previously reported (that I know of), and that the police are presumably conducting regular foot patrols of the tunnel and didn't report it, it must have just occurred. I wonder, when was that last foot patrol?

I called Benicia PD to report it. A very friendly officer showed up at my door and patiently listened to my "enthusiastic" comments about what's going on up here. I asked him for the case number for this vandalism. He said there probably wouldn't be a specific case number assigned to it. He stated that it would be in the computer "incident log". I questioned how we are to measure the voracity of the problem and the efficacy of the mitigation strategies if there is no case record, as I have questioned in a previous post about reporting biases. "It's in the log."

I also stated my opinion that existing municipal code regarding graffiti should be strengthened as is being done in many cities around the Bay Area, and that some thought should be given to forming a graffiti task force. His answer surprised me. And I quote, "We don't have a graffiti problem in Benicia." Really?

Neighborhood meeting planned for 7/21

7/9/08

Sandra:

Thank you for your response and for your efforts to reduce the number of vandalisms and other malicious offenses in our neighborhood. We agree that the clearing of the pathway will certainly help. The tunnel graffiti removal is also very much appreciated as it does help to restore our neighborhood. You mentioned that the City is working on lighting covers in the tunnel, tunnel lighting, and cleaning of the tunnel floor. Thank you for those efforts as well.

We are very interested in receiving a comprehensive review of the Benicia Police Department's and the City's strategy to stem the tide of increased vandalism and malicious mischief in our neighborhood when you meet with us later this month. What is the strategy?

We would also like to know about the following:

• California State Law prohibits sale of spray paint to minors. Has the City recently reminded Benicia retailers of existing statutes?
• When was the last graffiti implement "sting" operation, as is done for alcohol sales, conducted in Benicia?
• What progress has been made regarding the development of an informational campaign for local students reminding them about the consequences of graffiti offenses?
• Has the Benicia Police Department ever pursued the option of requesting delayed driver's license issuance for graffiti offenders?
• Is there any work in progress to strengthen the Benicia Municipal Code with regard to graffiti offenses and possession of graffiti implements, as other cities and counties have done (e.g. Santa Cruz County)?
• What consideration is being given to improving neighbor-friendly lighting along the pathway?
• What progress is being made to repair the fencing around the tunnel entrances?
• What priority will the City and the Benicia Police Department be placing on vandalism and malicious mischief offenses?
• What is the disposition of the tree removal and/or trimming and sidewalk repair?

You suggested that a neighborhood meeting be held on Monday, July 21st. That should be fine. We understand that the City will be notifying the neighborhood's residents. Your notification list should include all residents on St. Augustine Court., St. Francise Court, Varni Court, and East 3rd Street down to O Street, as a minimum. We will also post an announcement on our website, www.safebenicia.blogspot.com .

We certainly understand that you have many other pressing issues to address. Thank you for your time and effort in helping us to address our issues. They affect us personally, but are common to all Benicians. The progress that is made will certainly benefit all of Benicia's residents and the city as a whole.

Sincerely,

Ross Sagun

Chief Spagnoli responds

7/8/08

Hello Ross:

Thank you for taking the time to provide feedback on this issue.

Today, myself and Captain Mortensen walked the tunnel and surrounding area. We found the path clean and well groomed, which the Parks and Recreation department completed shortly after your request. We also found one small graffiti "tag" in the tunnel which was reported and documented. As we discussed, Dan Schiada (Director of Public Works) is committed to having his staff cover graffiti on a weekly basis, so this should be cleaned up in the next few days. As you can see from some of the attached photos depicting the area today, the pathway is clear and well groomed, and the tunnel is virtually graffiti free.

Still under consideration, is your request for the removal of a pepper tree on the side of the pathway. The health and condition of the tree is being evaluated by the Parks and Recreation Department. Your right, the purpose of the landscaping and trees on the pathway is for beautification and at this time, the tree does not create a problem for police officers to monitor the area. We will await the findings on the condition of the tree from the Parks and Recreation Director Mike Alvarez, and bring these findings for discussion at the neighborhood meeting.

A few outstanding issues we are working on:

1. Lighting covers in the tunnel- The Public Works Department is working on replacing the light covers.
2. Tunnel lighting- The Public Works Department is researching the ability to increase the light wattage.
3. Graffiti in the Cal-Trans area- We have requested they remove this graffiti, however this is generally a low priority as it relates to highway maintenance.
4. Tunnel floor- The Public Works Department is considering power-washing the ground to remove the faded graffiti on the ground.

The Police Department, specifically Officer Ayala and Patti Barron are taking the lead on behalf of the City, to set up a neighborhood meeting to discuss concerns and provide open communications between City staff (Public Works, Park and Rec, Police) and the neighborhood. We will be setting the meeting in the next two weeks working with John, how does July 21, 22, 28 or 29 look? Can you let me know what dates works best as far as attendance from the neighborhood, and I will forward that information to Officer Ayala. We will take care of inviting all the neighbors.

As you mentioned in the email, we have been making strides in the right direction thus far. I am confident that together, with all the neighbors, we will develop additional effective strategies to maintain a safe neighborhood.

Sincerely,

Sandra Spagnoli

Police Chief

The problems continue

This new vandalism was recently found along the pathway. The break in the fence was probably caused by juveniles fleeing the Benicia Police on the night of Saturday June 21st. According to Officer Ayala, who responded to my call to report the above, BPD was making a routine check of the tunnel and discovered some juveniles. The juveniles fled from the police, ending up in our neighborhood where one was arrested from beneath a vehicle on St. Francise Ct. Other juveniles evaded the police, reportedly jumping fences. The fence damage to a St. Francis Ct. residence looks like it was possibly caused by juveniles "breaking out" of the resident's back yard. Officer Ayala thought the graffiti was "old". However, it was the first time I had seen it, and the homeowner that owns the fence stated the same.

My question is this.. was this vandalism reported; that is, is there a Benicia Police Department case number attached to these items? Are the statistics regarding vandalism being skewed by reporting biases. Sure, its "minor", unless its your fence.

I do commend the Benicia Police Department for making good on their committment to increased patrol in our area. The cleanup of the pathway has definitely made a difference...how much is difficult to measure. However, the pepper tree still blocks the view of the pathway to the tunnel entrance. Its removal would go a long way to improve our situation.

We will see if our City Officials will be responsive to our request for the tree's prompt removal. So far, I am not getting very far with them. As you probably know, the Tree Ordinance issue has been big lately, and some think that pepper tree is important to maintain the beauty of our city.  This is certainly a justifiable concern.  However, improving crime prevention in an area with a continuing problem must take precedence over beautification.  

Those of us that have had to deal with the consequences shown in the photos know exactly to what I am referring.

..Ross Sagun

Is it suspicious? REPORT IT IMMEDIATELY!

Here is what one California police department considers as examples of suspicious activity (copied from http://police.sdsu.edu/reptcrime.htm).

Reporting Suspicious Activities, Persons or Vehicles
Report suspicious behavior or circumstances. What is suspicious activity? Generally, if you trust your instincts, they’ll tell you what is suspicious about someone’s actions. Below, we’ve listed some types of behavior commonly associated with criminal activity to help “educate your instincts.”

Suspicious Persons or Activities
Any person going door-to door in a residential neighborhood. A person is especially suspicious if, after a few houses visited, one or more of them goes into a back or side yard. More suspicious if another remains in the front when this occurs. (Possible lookout for a burglary in progress inside.
Waiting in front of a house or business. Particularly suspicious if owners are absent-or business establishment is closed. (Possible burglary, theft, or trespass in progress.

Non-Resident going into back or side yard of house. Suspicious under almost any circumstances. (Possible burglary or trespass in progress.

Person running. Suspicious especially if something of value is being carried (possibly fleeing scene of crime).

Exhibiting unusual mental or physical symptoms. (Possibly injured, or under the influence of drugs, or otherwise needing medical or psychiatric assistance.)

Carrying property, depending upon the circumstance. For example, if at an unusual hour or in an unusual place, and if the property is not wrapped, as if it had just been purchased. (Possible subject leaving the scene of a burglary, robbery or theft.)

Much human traffic to and from residence. Not suspicious unless it occurs on a daily or very regular basis, especially during late or unusual hours. (Possible vice or narcotics activities, or “fence” operation.)


Suspicious Vehicles

Certain moving vehicles. Especially slow moving vehicles at night, without lights, or if the course appears to be aimless or repetitive. This is suspicious in any location, but particularly in areas of schools, parks, or playgrounds. (Possible significance: “casing” for places to rob or burglarize. Drug pusher or sex offender.)

Certain parked and occupied vehicles. May contain one or more persons, especially significant if observed at an unusual hour. (Possible significance: lookout for a burglary or robbery in progress. True, even if occupants appear to be lovers.)

Vehicles being loaded with valuables. Suspicious if parked in front of a closed business or unattended residence, even if the vehicles is a legitimate looking commercial unit, possibly bearing a sign identifying it as a repair vehicle, moving van, etc. (Possible significance: burglary or other theft in progress.)

Abandoned vehicle. (Possible stolen car.)

Vehicle containing weapons. Suspicious under any circumstances. (Possible significance: owner may engage in criminal activity.)

Other unusual activity involving vehicles. Persons attempting to enter a locked vehicle, especially at night or in a parking lot. (Possible significance: burglary, theft or malicious mischief in progress.)

Person detaching mechanical parts or accessories from a vehicle. Especially at night in the street or in a parking lot. (Possible significance: Theft or malicious mischief in progress.)

Objects thrown form a vehicle, especially while traveling at high speed. (Possible significance: disposal of contraband or garbage dumping.)

Property in vehicles. Not suspicious unless the property is not normally found in vehicles, especially if observed at unusual hours, or if TV sets, stereos, tape decks, or auto parts are involved. (Possible significance: stolen property.)

Certain parked and occupied vehicles may contain one or more persons. Especially significant if observed at an unusual hour.

Parks and Rec - where are you?

7/7/08

Dear Chief Spagnoli:

We (the neighborhood) are wondering if there has been any followup action on the Parks and Rec Department's assessment of the tree and bush removal. Would you mind updating us?

The initial pathway cleanup and increased police patrols have certainly helped the situation. However, as I am sure that you have noticed from the police logs since that time, there have been a number of incidents, including arrests and additional damage to the neighborhood.

I have attached a large picture which clearly shows how the tree and some bushes obscure the view of the tunnel entrance (you will need to scroll your view to see the tree). The tree could also be a point of ambush for unwary pedestrians, especially at night, and has damaged the pathway sidewalk causing a trip hazard for pedestrians. This is in addition to the issue of the tree's large branches overhanging a resident's roof on Varni Ct. and utility lines to the point of stretching them. If this branch were to fall, possible injury to residents and damage to the resident's home could result.

We strongly believe that finishing the job of clearing the pathway will make our neighbood more secure.

We look forward to your response.

Ross Sagun

the battle over the tree continues.....

6/19/07

Elizabeth,

Thank you for replying and for your comments about the 3rd Street pathway and also for your efforts in getting the pathway bushes and trees trimmed. This will definitely help. I appreciate your comments about beautification. The residents of our neighborhood place a high priority on the asthetics of our surroundings. This is clearly evident to anyone that comes by. However, along the pathway, there are no less than twelve other trees besides the large pepper tree in question. The potential benefits in crime prevention would far outweigh the asthetic value of the tree. That tree blocks a clear view of the tunnel from the street, making it difficult for police officers to regularly and easily surveil the pathway.

Yesterday, I spent about an hour and a half with Officer Fred Ayala discussing our neighborhood's vandalism issues. We walked the path and looked at the tree. Besides just blocking the view of the tunnel from the street, the tree is overhanging the roof of a home on Varni Court. It also overhangs the fence and property of the neighbor on St. Francise Ct. If the large overhanging branch were to fall, and it appears ready to do so, it would fall onto the roof of the Varni Court resident's home, possibly doing damage to the home and/or inflicting injury to the residents.

Also, other large branches are weighing down utility lines to the point that the lines are stretched down. The pathway sidewalk has been uplifted due to the trees roots and this is causing a trip hazard for pedestrians. I did some research on crime prevention through environmental design and found many helpful suggestions on the Anchorage Police Department's website, including keeping trees and bushes trimmed to enhance visibility and remove points of ambush by keeping trees and bushes trimmed at least six feet back. This tree is right up against the pedestrian pathway and could easily serve as a point of ambush.
The website is http://www.muni.org/apd1/cpted.cfm .

For these reasons the tree should be removed to:

allow police to view the entire pathway and tunnel from the street
increase the effectiveness of existing lighting which is already inadequate
remove a potential point of ambush
prevent injury and damage to residents due to overhanging branches
prevent further damage to the pathway and eliminate trip hazards to pedestrians
prevent damage to utility lines caused by overhanging branches
reduce the potential liability to the City incurred by the above
I will email you an overhead view of the pathway and the tree in question. You will be able to clearly see what I am describing.

Officer Ayala and I also discussed several other potential strategies to reduce vandalism and other crimes in our neighborhood. They included:

improving lighting along the pathway. The two existing lights (street lights) are spaced too widely to adequately illuminate the entire pathway and they are too dim, possibly indicating that they need service or replacement
repairing and enhancing the chain link fencing around the tunnel entrance to prevent ingress/egress and potential injury due to falls to stranded motorists. Officer Ayala indicated that there had been an automobile accident with the vehicle landing in the drainage ditch next to the tunnel entrance
installation of surveillance devices along the pathway and/or at the tunnel entrances
installation of signage reinforcing the Benicia Municipal Code's graffiti control ordinances
strengthening of current code and penalties for graffiti and vandalism
development of a school information program, including warning students of the potential for delay or suspension of their driving privileges due to graffiti offenses in acccordance with the CVC.
a "sting" operation and letters to merchants reminding them of the requirement to prohibit sales of spray paint to minors
the need for continued increased foot patrol of the area
support by the City for our neighborhood's crime prevention program, currently being coordinated by resident John Furtado
As you can see, much can be done. Graffiti control is costing the City of Benicia, not only in City dollars, but in our quality of life. Thank you so much for your efforts in addressing our neighborhood's concerns. We sincerely appreciate it.

On behalf of the the neighborhood,
Ross Sagun

the Mayor responds about the tree

Ross,
I like your "album" - great way to show and tell!
If my memory serves me correctly, there have been studies about trees, shade and how they add to the "attractiveness" of the path and therefore the path gets used more. This greater use provides a kind of self policing mechanism. In fact, many community policing efforts involve "beautification" of neighborhoods based on this notion of "inviting paths". We may want to try more positive things such as the mural painting before we change the landscaping. It it an interesting challenge and one which I am going to spend more time researching. I very much appreciate your attention and caring about the tunnel.
Take care,
Elizabeth
On Jun 17, 2008, at 11:45 PM, rsagun wrote:


You are invited to view Ross's photo album: tunnel after cleanup

tunnel after cleanup
Jun 17, 2008by Ross
These pictures show the area of the 3rd Street tunnel and pathway from St. Augustine to the tunnel. The area was very effectively cleared of overgrown shrubbery which created a haven for vandals and persons evading law enforcement. However, a clear view from St. Augustine would enhance security by providing police officers the ability to surveil the pathway to the tunnel entrance. Currently, this is not possible due to a pepper tree and bushes which remained after the area was cleared.

this tree needs removal to provide a clear line of sight

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

Police Chief says Parks and Rec is responsible

6/27/07

Ross-

I understand Officer Ayala has followed up with you and is continuing to evaluate the best crime prevention strategies for this area. We will work with the Parks and Rec department on your request to take down a tree and the shrubbery. The Park and Rec Department will conduct an assessment of your request and determine the best course of action. We are committed to work with the neighborhood on your suggestions.

In the mean time, it is important for neighbors to call our non-emergency number if they see suspicious activity. The number is: (707) 745-3412
Sincerely,

Sandra

Sandra SpagnoliChief of PoliceCity of Benicia200 East L StreetBenicia, CA 94510(707) 746-4265sspagnoli@ci.benicia.ca.us

letter to the chief initiates the cleanup

----- Original Message -----
From: rsagun
To: sandra spagnoli
Cc: sandra spagnoli ; mike daley ; mike alvarez ; jim erickson ; fred ayala ; John and Maria Furtado ; John Brisbin ; Elizabeth Patterson ; Tom and Lynn Busfield ; tom campbell ; mike hughes ; mike oakimedes ; alan schwartzman
Sent: Saturday, June 07, 2008 11:42 AM
Subject: Re: East 3rd St. tunnel
Dear Chief Spagnoli:

Thank you for looking into the matter of the 3rd St. tunnel and pathway, and the associated vandalism. We appreciate your efforts.

While keeping the graffiti covered is a desirable outcome, it is important to understand that the graffiti is a symptom of a much bigger problem of increased vandalism in our area. I am aware of several incidents of graffiti, egging, broken fences, bottles being thrown into residents backyards, public urination, public drinking, and even homes being pelleted by bb guns.

We believe that much of this activity is stems from the 3rd Street tunnel and pathway for the following reasons:

the tunnel provides an easy escape route for vandals evading law enforcement
the tunnel and pathway cannot be adequately surveiled from the street (St. Augustine Ct.) by law enforcement due to overgrown trees and bushes blocking the view
infrequent patrol of the area, especially the south side of the tunnel, due to difficult patrol vehicle access
the tunnel is dark because tunnel lighting is obscured and rendered useless by spray painting. tunnel entrance lighting is partially blocked by overgrown trees
the pathway is lit by only 2 lights; one of which is obscured by overgrown trees.
overgrown trees and bushes create a haven for juveniles, who use the area near the tunnel entrance to drink, smoke, use drugs, and harass passersby, especially during warm summer nights. The tunnel is frequently strewn with broken beer and liquor bottle glass.
surrounding drainage abutments and starting to be covered with graffiti as well as the problem spreads from the center of origin...the tunnel.
We believe that much of the problem could be mitigated by simply clearing the trees and bushes along the pathway to allow visual surveillance of the tunnel entrance from the street, eliminating the need for an officer to drive down the pathway to check the area. If you look at the slide I provided showing an overhead view of the pathway, you will see that trees and bushes are the only barrier to a clear view of the tunnel entrance. Also, lighting should be improved along thte pathway and in the tunnel.

You mentioned that the Benicia Police Department has increased patrol of the area. Does this include foot or vehicular patrol of the tunnel and pathway? I have yet to observe either. Can you elaborate?

We are also concerned that young children frequently access this area and could be victimized. Has the idea of a surveillance camera been examined? I noticed that the City has a surveillance camera surveilling the recycling dumpster at the Corp Yard. Why can't a similar camera be installed at the tunnel or along the pathway?

The residents of this neighborhood pay a special tax assessment for maintenance of the pathway. This maintenance is not only for esthetics. It is also necessary for crime prevention, and the growing trend of area vandalism is indicative of inadequate attention in this area. We request that the City take steps to prevent future problems, which could easily become much more serious than petty vandalism and present a serious liability for the City and a danger to its residents.

Also, we would like to know the number of crimes, vandalism and other, that have occurred in our neighborhood and how the rate compares with other parts of the City. I believe that the Police Department's computer-aided dispatch system could provide the necessary information. Can you refer me to who the department I should contact for this data?

We will soon be meeting with Mayor Patterson and the City Council to discuss these concerns. We hope that you will join us in our efforts to make our neighborhood and Benicia a safer and more desirable place to live.

Also please note that you have an incorrect email address for me. My correct email address is rsagun@sbcglobal.net

Sincerely,
Ross Sagun

After the June cleanup - Great Job by the City of Benicia!

Before the cleanup