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Home My WebLink AboutS04-City Attorney 'CITY OF SAN BERN.DINO - REQUEST F. COUNCIL ACTION . From: De' JAMES F. PENMIIN Subject: DECIARATIOO OF LCx:AL EMER;ENCY (ARDEN/GUrHRIE SOOTH NEIGHBORHOOD) . CITY ATTORNEY Date: 3/7 /91 Synopsis of Previous Council action: None. Recommended motion: . Approve the existence of a local emergency in the Arden/Guthrie South neighl:orhood as described in the Mayor' s Declaration of Elrergency dated "1arch 6, 1991, with the pc:l\'A':!rs and directives to City departments as made in that Declaration, to expire, unless further extended, at 6:00 a.m., ~nday, March 18, 1991. .., .~..~ Signature Contact person: J1\MES F. PENMI\N Phone: 384-5355 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Descriotionl Finance: CO.il Notes: 75-0262 Agenda Item No. 5>~fl . CITY OF SAN BERNADINO - REQUEST ,.a. COUNCIL ACTION . STAFF REPORT Pursuant to the authority of San Bernardino Charter Section 50, San Bernardino Municipal Code Section 2.46.060, and Government Code Section 8630 et seq., the Mayor did on March 6, 1991, proclaim the existence of a local emergency in the Arden/Guthrie South Neighborhood because of the high concentration of violent crimes, on-going drug activity and very heavy drug sales over the past month and a half. Pursuant to the requirements of San Bernardino Municipal Code Section 2.46.060, the Common Council is requested to confirm this declaration of a local emergency and direct that it be in existence until 6:00 a.m. Monday, March 18, 1991, unless extended by the Mayor or the Council. . . 75-0264 . . . C I T Y 0 F SAN B ERN A R DIN 0 Interoffice Memorandum Directive TO: Dan Robbins, Chief of Police FROM: W. R. Holcomb, Mayor SUBJECT: 1. DESIGNATION OF EXISTENCE OF EMERGENCY IN ARDEN/GUTHRIE SOUTH NEIGHBORHOOD 2. ENTRY TO AREA LIMITED TO RESIDENTS AND THEIR GUESTS ON SPECIFIED DATES AND TIMES 3. POLICE DEPARTMENT TO ENFORCE 4. EXPIRATION OF THIS DIRECTIVE AND DESIGNATION 5. DISSEMINATION March 6, 1991 DATE: CC: Council Members, City Clerk, City Treasurer, City Administrator, Fire Chief, Director of Public Services, Director of Facilities Management . Consulting with you and the City Attorney, I am informed that since January 22, 1991, numerous crimes have occurred in the Arden-Guthrie South Neighborhood (defined below), including but not limited to seven people shot, one fatally (murder) including four people wounded in two separate incidents on the same day, (February 25, 1991) and one attempted murder; one person stabbed, one shooting at a moving vehicle, two people pursued and shot at in two different incidents on two different days, two strong arm robberies, numerous fights and on-going gang activity including very heavy drug sales and numerous other crimes committed in this area over the past forty-four (44) days. I am also informed that numerous non-residents of this area including many out of town criminal gang members come into the area in the night time hours to buy and sell illicit drugs on the streets, sidewalks and curbs. . Consequently, I am declaring the existence of an emergency in the Arden-Guthrie South Neighborhood effective immediately. The Arden-Guthrie South Neighborhood is defined as that area in the City of San Bernardino bounded by sterling Avenue on the West, 18th Street on the South, on the North by a line extending the axis of 20th Street from 20th and Guthrie West to Sterli~g and along 20th street East to McKinley and on the East by McKinley . . . - DAN ROBBINS, CHIEF OF POLICE CITY OF SAN BBRNARDINO Page 2 March 6, 1991 Street and a line extending the axis of McKinley Street South from 20th and McKinley Streets to 18th Street (see attached map marked Exhibit "A"). I am directing that increased pOlice pa~ls, to the extent that officers and pOlice units are available ~the sole discretion of the Chief of Police, be conducted in this area commencing forthwith and continuing through the expiration date of this Directive as listed below. I direct that ingress to this area be limited to residents, their guests and persons with legitimate and immediate business during the nighttime hours of the next two weekends, specifically Friday, March 8, 1991; Saturday, March 9, 1991, Sunday, March 10, 1991 and Monday morning thereafter; Friday, March 15, 1991, Saturday, March 16, 1991 and Sunday, March 17, 1991 and Monday morning thereafter. Nighttime hours are defined as those hours commencing at 6: 00 p. m. and ending at 6: 00 a. m. the next day, beginning on each of the dates listed herein. The San Bernardino Police Department is authorized to block off streets with barricades and police vehicles during the afore- described nighttime hours only and on the dates specified above and the following Monday morning nighttime hours only. Said police are authorized to stop any and all persons and vehicles seeking entry into the afore-described area to determine that said persons and occupants of said vehicles are residents of said area or bonafide guests of residents of said area, or persons with legitimate and immediate reason to be in said area (i.e. delivery vehicles, repair or maintenance workers, etc.) Those persons who are not residents, guests of residents or persons with legitimate and immediate reason to be in the area shall not be admitted and any such person found in the area shall be ordered to depart and if any such person fails to comply with said order to depart or departs and returns, or attempts to enter or fails to leave an entry point when ordered to do so, such person shall be subjeot to arrest pursuant to Penal Code Section 148 and/or other appropriate State or Municipal Statutes. Police shall take all steps available to minimize the time any vehicle and its occupants are stopped at the barricades, to insure that all persons stopped are treated with courtesy and respect and to minimize inconvenience to those stopped within, the confines of steps and procedures necessary to insure off~cer safety and the safety of other persons in the vicinity. . In addition to countering the recent increased criminal activity ."stated herein, an additional specific purpose of the street . . . . . . DAN ROBBINS, CHIEF OF POLICE CITY OF SAN BBRNARDINO Page 3 March 6, 1991 barricades and ingress limitation is to interdict the large volume of those persons who do not live in the area but who come in to sell or purchase illicit drugs. The specific authority under which this Directive is issued is Charter Section 50, of the San Bernardino City Charter which provides in pertinent part that the Mayor ". . . shall take all proper measures for the preservation of public order and suppression of all riots and tumults." In issuing this Directive, I have concluded, after much deliberation that there is a real and immediate threat to the public safety as evidenced by the recent crimes committed and referenced herein and that said threat to public safety cannot be adequately met through less drastic alternatives. In making the decision to issue this Directive, I have decided to reject the imposition of more stringent measures, including but not limited to imposition of a curfew, limiting ingress to those residents and other persons described herein during week days as well as weekends, limiting ingress twenty-four hours a day rather than from 6: 00 p. m. to 6: 00 a. m., and other more restrictive measures. I believe that such measures as curfews, twenty-four hour limitation on ingress, etc. are too restrictive and would consider imposing such more restrictive measures only if the measures directed herein fail to restore the threat to public safety herein described. This Directive. shall expire at 6:00 a.m. on Monday, March 18, 1991 unless extended. This Directive shall be disseminated throughout the Arden-Guthrie South Neighborhood to as many dwellings as practicable as soon as possible prior to 6:00 p.m. March 8, 1991. / -'~'I .-- / ~~/-:! CN~~~~~:;___ .-- - .,. -- ~....- - -::::~~ -" .- / ./-;~./" ~ /;-0-- /~___- \ I /- -' - , ~~ __/ A~' '--" -- " - ~" ,~,-- -, ~/ 17 <.r -'? J- -. ~ J. ~ ~~ -; , ;2;:/'Jr'/ ~: ~ 2 () --;.. -, .. /;:...: / /--: - - -' ,/ , /,.?--; C c E: / ~.-~ =--." . ; / I ~- E t 0 ~ L": I ~ ./ ----- I I '/ . ~ /-7"-;' --. . , .. - -! II~ - . ,,':::--' !.;; /.> ~ ---;.. ;:::-- : 11 ~ i i L"? !./ ,/ Y' .. · I ' -..-----.-.-.----r---------~ 1 ' ., I 1..-,;; .' . ~'. .' 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