HomeMy WebLinkAbout04-07-2021_ Open Session_Item 24_Mitchell, Hank_ MEIM ALERT_RedactedFrom:Genoveva Rocha
To:Public Comments
Subject:FW: MEIM ALERT : SB CITY MCC agenda item #24 (4-7-21) HOMELESS and OHV trespass on - in flood control, or streets and highways enforcement
restrictions
Date:Monday, April 5, 2021 8:57:03 AM
Attachments:flood control tresspass lack of enforcement ability council agenda #24 4-7-21.docx
image001.png
Genoveva Rocha, CMC
City Clerk
City of San Bernardino – Office of the City Clerk
Office: 201 North “E” Street
Mail 290 North “D” Street
San Bernardino, California 92401
Direct: 909.384 5002 |
rocha ge@sbcity org | www.sbcity org
From: Hank Mitchell [mailto
Sent: Monday, April 5, 2021 4:59 AM
To: Ben Reynoso; Damon L. Alexander; Fred Shorett; Genoveva Rocha; Mayor John Valdivia; Juan Figueroa; Kimberly Calvin; Robert Field;
Sandra Ibarra; Theodore Sanchez
Cc: Brian Whitehead, SB Sun paper
Subject: MEIM ALERT : SB CITY MCC agenda item #24 (4-7-21) HOMELESS and OHV trespass on - in flood control, or streets and
highways enforcement restrictions
Caution - This email originated from outside the City - Verify that the Email display name and Email address are consistent. - Use caution when opening attachments.
MEIM ALERT 4-5-2021
Next Door Leads, MEIM membership,
This attached information needs to be shared in full public review to TRULY understand , it is not the Law enforcement failure to
catch and arrest and or discourage violators, but the prosecuting agencies lack of support for enforcement and the political
atmosphere behind the lack of prosecution.
I can only hope that all Nextdoor groups across the city can see this , as well as the non-member general public.
These groups are operating at the level of ANTIFA and other protest groups damaging assets, in that they are at will, and freely
operating out of contentious, obnoxiousness, and with belligerence to governance.
Once again, it is the prosecutorial side and the punishing or litigating areas that make laws almost invalid and makes one ask “ WHY
ENFORCE IT?”.
Like any other illegal activity, renamed for politically correctness ( undocumented, homelessness ( used to be vagrancy or hobos),
squatters ( not trespasser), scofflaws are now protected by some pandemic emergency rulings, etc. etc.
This is one of the reasons, I left Next Door, is that my posts were epistle in length like this attachment is, but were necessary
teaching tools; that is in part a violation of the guidelines of NextDoor( too long of posts). ND could be a valuable tool for teaching,
but not designed to do so.
I would only hope the Sun News paper will take this openly to the public and the other medias. The general public has no
protections thru prosecutions and due to current political progressive actions, the LEOs are taking the blame.
These rogue groups have learned this well over the decades, ( 60s it was SSS, WEATHERMEN, SLA; to the now recent violent
protest groups and some pseudo religious types , some using extreme violence) encourage political administrations to turn
towards blaming the LEOs rather than their own failures , and wanting to defund law enforcement agencies, when the issue is in
the hands of the failed courts that may also be restricted politically activism.
Will these OHV groups emerging ever so strong lately, be another force-full out of control faction further dissolving constitutional
“life, liberty and the pursuit of happiness” for all citizens?
Many people have asked about getting these homeless and ohv offenders off the streets and out of flood control areas or
residential and business districts.
This attachment is a discussion item on the next council meeting and it shows the frustration of county and city over the restrictions
( many are politically correct aberrations or illogical views placed on a law, meant to protect, now invalidates the intent) on them to
enforce trespass violators ( ohv and homeless) in flood control areas and on the streets or highways.
Their enforcement and ability to capture violators is so restricted primarily due to lack of prosecution in the courts by the victim (
county of San Bernardino), that these offending groups and individuals are clearly operating freely without fear of punishment.
Hank Mitchell
Cc file, list
Page 1Consent CalendarCity of San BernardinoRequest for Council
ActionDate:April 7, 2021To:Honorable Mayor and City Council
MembersFrom: Robert D. Field, City ManagerBy: Eric McBride,
Interim Chief of PoliceSubject:Trespassing and Other Illegal Activities
in County Flood Control Areas (All Wards)RecommendationIt is
recommended that the Mayor and City Council of the City of San
Bernardino, California, receive and file this staff report regarding
trespassing and other illegal activities in County flood control areas.
BackgroundFlood control channels and storm drainage systems
owned by the County of San Bernardino traverse all seven wards in
the City of San Bernardino. Though typically gated and posted with
“no trespassing” signs, these areas often attract encampments, off-
road vehicle activity, and other public nuisances.There are a variety of
San Bernardino County Ordinances and San Bernardino County Flood
Control District Ordinances that address trespassing in flood control
areas, off-highway vehicle operations, nuisance violations, and public
safety and welfare matters (Attachment 1). These codes may be
enforced as criminal matters or addressed through administrative civil
penalties. Generally, County regulations are enforced by the County
Code Enforcement Department and may also be handled by the
Sheriff’s Department. DiscussionResidents of the City of San
Bernardino have expressed their complaints and frustrations regarding
loud exhaust and other noises emanating from off-road vehicles
operating in flood control channels. Moreover, business owners and
residents have complained about homeless encampments in flood
control areas, which bring quality of life, public health, and other
challenges. Police Department District Commanders are aware of
these complaints and the problems associated with unlawful activities
in the flood control areas, which are affecting the quality of life for City
residents and businesses. Enforcement Efforts and Challenges
Presented Related toOff-Road VehiclesThe Police Department is
often called to respond to criminal activity and nuisances associated
with flood control areas. Recently, the Police Department received
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7225Page 2intelligence that a large group of individuals planned an
illegal "street take over" in the City using off-road vehicles to race in
the flood control areas and on surface streets. Several uniformed
officers were deployed to monitor their activities in hopes of stopping
the illegal conduct while gaining intelligence for future criminal
investigations. Officers reported that around 80-100 off-road vehicles
were riding on City streets and ultimately drove into the wash and
flood control areas. Officers later learned that local individuals rode
their off-road vehicles to the meetinglocation, while others from
outside the immediate area parked their trucks and trailers near the
wash and off-loaded their off-road vehicles. San Bernardino Police
officers detained and cited three individuals during this operation, and
one off-road vehicle was impounded. Events such as this are not
uncommon. Occasionally, officers are aware of an event in advance,
allowing the Police Department to deploy additional officers to address
the problem. However, in most cases, residents call the Police
Department as the situation is unfolding. Police officers are dispatched
to address the problem, but generally only after higher priority calls for
service have been handled.The off-road vehicle problem presents
several enforcement challenges. When police officers attempt to stop
or contact individuals on off-road vehicles, those individuals flee in
nearly all cases because they are often able to escape officers given
the capabilities of their vehicles. Patrol cars are also unable to access
the flood control areas due to access restrictions and vehicle
capabilities. When an off-road vehicle emerges onto City streets,
officers generally pursue only in exigent circumstances given the
ability of the off-road vehicles to out-maneuver patrol cars in addition
to the high risk of a pursued individual or uninvolved bystander
suffering significant injury or death if a collision occurs. Moreover,
there are significant liabilities associated with pursuing these vehicles
on and off public roadways. During a recent enforcement operation,
San Bernardino Police officers worked with County Code Enforcement
and County Flood Control employees to target off-road vehicles in the
flood control areas. During this coordinated effort, a police officer with
a neighboring law enforcement agency pursued an off-road vehicle in
the wash. The officer lost control of his vehicle and collided with a
wall, which resulted in injuries to the officer and significant damage to
a City vehicle. San Bernardino is not alone in dealing with these
issues. Indeed, neighboring law enforcement agencies often face
similar issues with off-road vehicles riding on public streets and within
the flood control areas that run through their jurisdictions. In almost
every instance, their enforcement efforts escalate into a vehicle
pursuit with the off-road vehicle, often with negative outcomes. In one
case, several off-road vehicles surrounded a pursuing police vehicle in
an attempt to prevent the officer from catching the offender. Some
riders went as far as striking and vandalizing police vehicles in the
process. In addition to responding to incidents in progress, the Police
Department’s Western District staff is addressing the problem of off-
road vehicles taking over City streets through an intelligence-based
investigative approach. Given the ongoing investigation, 24Packet Pg.
433
7225Page 3details cannot be presented in this report. However, the
ultimate goal of the investigation is to identify and arrest individuals
responsible for organizing and participating in illegal street takeovers
and flood control racing conduct. While this investigative approach will
not fix the issue overnight, once complete, staff believes it will
significantly impact this illegal activity. Officers are working closely
with the San Bernardino County District Attorney's Office to ensure
criminal prosecution in these cases.While the Police Department is
responsible for enforcement of the Municipal Code and Vehicle Code
on city roadways, SBPD officers are currently unable to enforce
County ordinances and Flood Control District ordinances in the flood
control areas. Although the negative impacts of off-road vehicle
activity in the flood control areas adversely affect City residents, the
County Flood Control District is the legal “victim” of trespassing asthe
owner of the property. As it currently stands, the District, through
County Counsel, has indicated it will not pursue criminal prosecutions
for violations of trespassing ordinances. As such, County Code
Enforcement officers and police officers cannot take criminal
enforcement action for trespassing violations. Instead, County Code
Enforcement officers issue administrative citations for violations of
County and Flood Control District ordinances, but only when a violator
voluntarily surrenders to them. County Code Enforcement staff has
indicated they would need to receive direction from County Counsel to
deviate from the administrative citation enforcement strategy.Efforts at
Collaborative Engagement with County Officials Related to Off-Road
VehiclesLast week, the Police Department and other law enforcement
and governing agencies from the area attended a virtual meeting to
address the issues of off-road vehicles in the flood control channels.
The County Flood Control District’s Deputy Director of Operations
hosted the meeting; however a representative from County Counsel
was not present. The Flood Control Director acknowledged that the
issue was becoming too much for County Code Enforcement to
handle and requested assistance from local agencies to form atask
force to address the issues.During the meeting, Police Department
management presented several suggestions to the Deputy Director of
Operations to prevent flood control areas from being utilized as
platforms for off-road vehicles. The recommendations included
installing additional access barriers, boulders, speed bumps, cabling,
or bars extending across the inner walls of the flood control channel.
The Flood Control District representative advised that the Army Corps
of Engineers regulates the physical aspects of flood control facilities,
and the Flood Control District must follow their guidelines for any
changes or improvements to the concrete channels. Furthermore,
these guidelines are strict, and any changes or implementations can
only proceed following a lengthy permitting process. According to a
Flood Control District representative, County staff routinely repairs the
entry gates which restrict access into the channels; however,
individuals consistently destroy them. A Flood Control Superintendent
stated that his team would survey flood control locations for
consideration of adding additional preventative measures. Finally,
24Packet Pg. 434
7225Page 4as an effort at deterring this activity, attendees at the
meeting discussed the possibility of creating a new ordinance
authorizing law enforcement officers to tow vehicles operating illegally
in the flood control channels. The Police Department is willing and has
offered its assistance in County enforcement efforts in the flood
control areas. However, without support from the prosecuting entity
(County Counsel), officers are prevented from taking criminal
enforcement action based upon County ordinances and County Flood
Control District ordinances. Moreover, City police officers are without
authority to use the County administrative civil penalties process for
violations on County property. The Flood Control Director agreed to
meet with County Counsel to address the concerns raised by Police
Department management related to criminal enforcement on Flood
Control Districtproperty. They will also seek legal advice on moving
forward with the possibility of pursuing criminal charges against these
violators. As of the date of this staff report, City staff continues to await
a response from the Flood Control District or CountyCounsel on this
issue. Homeless Encampments in Flood Control AreasTrespassing by
homeless individuals and the establishment of homeless
encampments on Flood Control District property present additional
challenges. Police Department District Commandershave attempted to
work with County Code Enforcement officials to clear out homeless
encampments within the flood control areas. However, County Code
Enforcement officials notified the Police Department that County
Counsel would not permit encampment cleanups in County-owned
flood control areas as a result of the Martin v. City of Boisecase. This
case restricts the ability of the government to remove encampments
on the premise that a homeless person cannot be punished for
sleeping on public property in the absence of adequate alternatives.
As a result of the County Counsel decision, the Martin v. City of Boise
case, and the fact that the Police Department cannot take
enforcement action on County property without the County’s consent,
the Police Departmentis currently without authority to address
encampment issues in the flood control areas. Future PlanningPolice
Department management will continue to work with County officials
towards an agreeable resolution to all parties. In the meantime, Police
Department staff will continue enforcement efforts on City streets,
continue to assist County Code Enforcement whenever possible, and
work within the confines of the law to respond to complaints from
residents and businesses about illegal activity in flood control areas.
2020-2025 Key Strategic Targets and GoalsContinuing to address
unlawful activities in flood control areas and working to establish a
partnership with County officials to address these matters aligns with
Key Target No. 3: Improved Quality of Lifeby Reducing the burden of
homelessness through collaborative efforts and continuing to evaluate
public safety service delivery models to enhance the quality of service.
24Packet Pg. 435
7225Page 5Fiscal ImpactNone. ConclusionIt is recommended that the
Mayor and City Council of the City of San Bernardino, California,
receive and file this staff report regarding trespassing and other illegal
activities in County flood control areas. AttachmentsAttachment 1San
Bernardino County and Flood Control Ordinances