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01-19-1993 - Court Assigned Community Service Workers for Graffiti Removal'ty of.Wist Covinci emorandum TO: City Manager and City Council AGENDA FROM: Michael L. Miller Environmental Services Director ITEM NO. F-2 SUBJECT: COURT ASSIGNED COMMUNITY DATE 1-19-93 SERVICE WORKERS FOR GRAFFITI REMOVAL SUMMARY: Staff was requested to provide information on the feasibility of using people sentenced by the Court to do community services work. Specifically,.staff was to report on their use for graffiti removal services. At the January 5, 1993 meeting, the.City council requested staff to - provide a report regarding the feasibility of using court -assigned. community service workers for graffiti removal services. This was in response to a request by Judge Kahn of the Citrus Municipal Court. Staff has analyzed the issue and determined the East San Gabriel Valley Consortium is best equipped to possibly use these workers. Staff is recommending this matter be referred to the East San Gabriel Valley Consortium for review and consideration. BACKGROUND Community services workers are those persons who have been convicted of a crime and are sentenced to perform community service work. The number of hours sentenced can average anywhere from 20- 150 hours or more. The City's Maintenance Department provides graffiti removal services for all public property (parks, city buildings, and public right -of -way). The City contracts with the East San Gabriel Valley Consortiumfor graffiti removal on all private property. ISSUES TO BE ADDRESSED In analyzing this concept, it was felt that the following issues needed to be addressed: supervision, work ,hours, paint and other supplies and equipment, locations for graffiti removal, liability and worker's- compensation, transportation and costs. As these issues were addressed in detail in the report to Council for the July 7, 1992 meeting, we will only summarize them below. Additionally, since Judge Kahn's letter made reference to the City of Baldwin Park, staff contacted that City for information. BALDWIN PARK According to Mr. Ralph Nunez, Community Development Director, the City of Baldwin Park uses community service workers for park maintenance and graffiti removal.. They have a part-time park employees who works Saturday and Sundays, and a part-time graffiti removal employee who works Saturdays. These employees supervise any and all community service workers. They never know on any given day. how many community service Workers they will have; it could be anywhere from 0-20. Their duties include picking up trash, raking the park, cleaning the Community Center, or graffiti removal. Mr Nunez acknowledged the workers were the responsibility of the City for worker's compensation and other liability, but he did not indicate if their City policy was revised to include them. CURRENT ISSUES As mentioned above, there are many issues to be, considered. Two of the biggest concerns expressed are worker's compensation and work hours, and the costs related to same. Presently there is no coverage available through the City of West Covina's Worker's Compensation Policy for community service workers: It is also our • i • CITY MANAGER AND CITY COUNCIL it January 19, 1993 COURT ASSIGNED COMMUNITY SERVIE WORKERS Page 2 FOR GRAFFITI REMOVAL understanding that the County does not have coverage for these people under worker's compensation. The Risk Manager has indicated that we would have to purchase a separate policy to cover these people. At this time it is undetermined what that cost would be; however, it is assumed that-it�lcould be a significant amount. WORK HOURS The City's Maintenance Department graffiti crew consists of one full-time and one -part-time employee. These employees work Monday through Thursday, 10 hours per 'day. If the City were to go forward with using a community service worker, it would be the easiest for the City if he/she would work hours .consistent with this crew. However, in many instances, the community service persons already have a regular job Monday through Friday. Therefore, they have to perform their service hours on1the weekends. If the City is going to provide this service to the court, then the City's graffiti crew would havIie to work overtime on Saturdays, at an annual cost of approximately $16,400. Another option is to change the work hours of the dity's graffiti crew from the Monday through Thursday week to a Wednesday through Saturday week. If the Council wishes to pursue this option, then the modification of the work week would have to. go through the Meet and Confer process, as this would be a change in the terms and conditions of employment. Another option would. be for the court/community service workers to coordinate with the City's graffiti removal contractor, the East San Gabriel Valley Consortium. SUMMARY: V The main issues related to employing community service workers for graffiti removal are worker' sl,compensation, work hours, overtime, and costs related to_ same. Additionally, supervision, paint and other supplies and equipment, locations, and transportation are of key concern. Due to the factors outlined above, it is recommended the City refer the Court proposal to the City's graffiti removal contractor, the East San Gabriel Valley Consortium, for coordination of graffiti removal by community service workers. RECOMMENDATION It is recommended that the Cit: Court's proposal to the City, East San Gabriel Valley Cor graffiti removal by communit letter to be sent to, Judge action. ;9e- Michael L. Miller Environmental Services Direct4 MLM:SG: vs Council approve the referral of the s graffiti removal contractor, the ,sortium, for the coordination of service workers and authorize a Cahn from the Mayor regarding this it