The URL can be used to link to this page

Home My WebLink About2000-03 Executive Order _. ''iW~dr;:r-?'':;''-''''~-'~)''T-'<- "'~lf~.r'-- """""~~7"" '-".,- . ~ . ~ ~ , ... -,...,. <. D a ~. CITY OF SAN BERNARDINO INTEROFFICE MEMORAI'iC.~~EO_Clrr CLER~ OFFICE OF THE MA vdR 11) Jl22 P3:35 TO: Fred Wilson, City Administrator Gary Van Osdel, Executive Director, EDA All City and EDA Department Heads FROM: Mayor Judith Valles SUBJECT: EXECUTIVE ORDER 2000-3 TIME LIMITATION FOR ALL PARTIES AND/OR CONCERTS AT ALL CITY OWNED PARKS AND ALL OTHER CITY/EDA OWNED, OPERATED AND/OR SUPERVISED FACILITIES AND RELATED DIRECTIONS TO CHIEF OF POLICE AND CITY A TTORNEV DATE: JUNE 22, 2000 COPIES: Council Members City Attorney City Clerk City Treasurer On April 26, 2000 I was concerned by reports I received that over a period of 18 months, three deaths occurred in our City related to Rave concerts, and, the week before, there had been three shootings and a stabbing at the City owned Boys and Girls Club building during a "Hip-Hop" event. The City had been informed, prior to the event, as had the Boys and Girls Club staff, that the event would be a "Hawaiian Luau," not a "Hip-Hop." I felt those deaths and the acts of violence at the Boys and Girls Club, constituted sufficient evidence to ban "Rave" and "Hip-Hop" events from City owned facilities as a public safety measure. I have been briefed on Federal District Judge Virginia A. Phillips' May 19, 2000 Ruling in the case of Ezzat Soliman vs. City of San Bernardino. In her ruling, denying Plaintiff Soliman's request for a Temporary Restraining Order, Judge Phillips explains (and I appreciate her insight) that the concern about unlawful activity is to be dealt with by "law enforcement officers...at the time it occurs." I realize my public safety concerns have not yet been litigated in the above-referenced case. I further believe that the specific safety concerns I expressed in Executive Order 2000-1 are distinguishable from the "general (emphasis added) fear that state or local narcotics or other laws will be broken" as stated in the Cinevision case. Nonetheless, I am concerned by even the suggestion from Mr. Roger Diamond that Executive Order 2000-1 ~~'''c',.~,,:~. ", '~.~ '.' ""~':'"' "f,..y,n ..~w,' '11 ~ ~. ~ .... ".,. . . ""'t . o o , _..:. _.h 4 TO: SUBJECT: All City and EDA Department Heads EXECUTIVE ORDER 2000-3 Page 2 might be unfair because it bans specific types of musical concerts from City/EDA owned facilities. It is not my desire to discriminate against any type of music whatsoever. Music is a form of expression and I realize that all forms of expression are protected by our constitution which I have sworn an oath to uphold. My concern is for the health, safety and well being of our citizens and visitors to our City, particularly the children. The Charter of the City of San Bernardino (Article IV, 950) designates the Mayor as Chief Executive Officer of the City having general supervision over all departments and public . institutions of the City and the Mayor "shall take all proper measures for the preservation of public order." In my deposition taken in the case of Ezzat Soliman vs. City of San Bernardino on June 13, 2000, I stated "I would ban any activities that invite young people to have concerts after midnight to 6:00 a.m. in the morning." (Deposition of Judith Valles, June 12, 2000, page 30, lines 4-6). To insure that all musical expression is protected and treated equally in our City, I hereby issue Executive Order 2000-3 which supersedes Executive Order 2000-1 in its entirety. In my capacity as Mayor of this City and Chairperson of the Economic Development Agency and by this Executive Order, I hereby: (1) Direct all Department Heads to refuse to approve or authorize any rental requests or rental applications for any and all parties and/or concerts at all City owned parks and all other City/EDA owned, operated and/or supervised facilities in which said party and/or concert is held or conducted, in whole or in part, between the hours of 1 :00 a.m. and 6:00 a.m. (2) Direct the Chief of Police to research and develop, if legally possible, specific minimum training standards for security personnel, minimum required ratio of security personnel to party and/or concert participants and costs for security, for all parties and/ or concerts occurring at rented City/EDA owned or operated facilities, if the majority of the expected attendees are between the ages of fourteen and twenty-five years. (3) Direct the City Attorney to prepare an ordinance and/or resolution codifying said specific standards, ratios and costs for consideration by the Mayor and Common Council. 1", _" "_ ...... . o o .. ".... ~. TO: . SUBJECT: All City and EDA Department Heads EXECUTIVE ORDER 2000-3 Page 3 (4) Clarify that Executive Order 2000~2 was issued in my capacity as both Mayor of the City of San Bernardino and as Chairperson of the Community Development Commission. (5) If any part or provision of this Order is in conflict or inconsistent with applicable provisions of federal or state statutes, or it is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Order shall not be affected thereby. I believe this Order will reduce the likelihood of danger to those persons using City/EDA . facilities. By this Order I want to encourage young people to return home at a reasonable . hour. Furthermore, I want to encourage parents to keep a careful watch on the events their children attend and the time they return home. I also hope this Executive Order will reduce the likelihood of vehicular and other accidents occurring as a result of fatigue experienced by people, particularly young people, being out all night at parties and/or concerts, of whatever type or nature. Finally, this Executive Order will preclude City employees from being required to be present at City owned or operated facilities at unreasonable hours. Approved as to form and legal content: