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HomeMy WebLinkAboutNB01-Council Office 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY. 3 WHEREAS, Chapter 2.46 of the Municipal Code of the City of San Bernardino empowers 4 5 6 7 8 9 10 11 12 13 14 the Mayor to proclaim the existence or threat of a local emergency when said City is affected or likely to be affected by a public calamity; and WHEREAS, the Mayor and Common Council do hereby find that conditions of extreme peril to the safety of persons and property did arise on March 4, 2006 within the City of San Bernardino, caused by civil disobedience; and WHEREAS, the aforesaid conditions of extreme peril warranted and necessitated the proclamation of the existence of a local emergency; and WHEREAS, pursuant to Section 2.46.110 of the Municipal Code, all costs incurred by the City in response to such emergency both before and after such declaration and after the expiration thereof, shall be a charge against the party or parties responsible for the emergency; and WHEREAS, one, or more of the responsible parties if there is more than one, is a commercial 15 16 enterprise pursuing a commercial operation within the meaning of Section 2.46, 110 of the Municipal Code. 17 18 19 20 21 NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency did arise on March 4, 2006 in the City; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the Mayor and the emergency organization of the City were those prescribed by State law, by ordinance, and resolutions of this City approved by the 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY. IT IS FURTHER ORDERED that a copy of this resolution be forwarded to the Office of the 4 City Manager to initiate collection of such sums that are due and owing the City, 5 Dated: 6 7 8 ATTESTED BY: 9 10 Rachel Clark, City Clerk 11 12 13 Approved as to Form and Legal Content: 14 JAMES F. PENMAN, 15 City Attorney 16 ? :J .e-v 17 18 19 20 21 22 23 24 25 26 27 28 Patrick J. Morris, Mayor City of San Bernardino DHCljs [Resolutions\Local Emergency.Reso] 2 ~ Adopted: March 6, 2006 Effective: March 6, 2006 1 URGENCY ORDINANCE NO. KC-1219 2 3 AN URGENCY ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SECTION 8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING RECOVERY OF EXPENSES FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES. 4 5 6 7 Section 1, Findings, 8 9 WHEREAS, on Saturday, March 4, 2006 the "British Invasion 2K6", a punk roc concert event (the "2K6") was held at the National Orange Show Events Center ("NOS" in San Bernardino, California; and 10 11 WHEREAS, the concerts at the NOS are usually held at the Orange Pavilion (th "Pavilion") which has a seating capacity of approximately 5,000 people, The estimated attendance at the 2K6 concert was approximately 4,500 persons attended the 2K concert; and 12 13 14 WHEREAS, On Saturday, March 4, 2006, San Bernardino Police Officer responded to a disturbance call to the NOS; and 15 16 WHEREAS, upon responding to this call, the Officers determined that a stabbin had taken place at the Pavilion, During their investigation, the crowd became more and more unruly and difficult to control. The responding Officers being extremel outnumbered formed skirmish lines to attempt crowd control. However, the crowd gre and became so aggressive; the responding Officers were soon far outnumbered and had to move to defensive positions, While in these positions they ran out of crowd control measures, such as tear gas and less lethal munitions and had to resort to c10s quarter hand to hand combat all the while being pelted with bricks, bottles, rocks and other flying objects, Once mutual aid arrived on scene, Officers were able to utiliz additional tear gas and less lethal munitions to drive the crowd back and eventuall disperse the crowd. It took another hour to an hour and a half to fully disperse th crowd, Notwithstanding the crowd disbursement, several groups of troublemakers stil traveled the City streets requiring an ongoing police presence to protect life and property; and 17 18 19 20 21 22 23 24 25 WHEREAS, even after the crowd was disbursed from the NOS, Police presenc was still required to control ingress and egress for several blocks surrounding the NO as groups of troublemakers began to engage in civil disobedience, causing propert damage to 41 business surrounding the NOS, damage to vehicles, including polic vehicles It took both SBPD and mutual aid several more hours to fully secure th surrounding community; and 26 27 28 . KC-1219 1 AN URGENCY ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SECTION 8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING RECOVERY OF EXPENSES FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES. 2 3 4 5 6 WHEREAS, Approximately 150 police and fire personnel were required to quel 7 the rioting crowd resulting in enormous costs to the City and other responding agencies; and 8 9 WHEREAS, the NOS has other pending events scheduled for this Saturday, March 11, 2006 and for Saturday May 13, 2006 - 2 events that will present additiona crowd control problems; and 10 11 WHEREAS, the San Bernardino Municipal Code Chapter 8,82 contemplates th recovery of costs for extraordinary police services for unscheduled events that create need for extraordinary police services, and the current ordinance requires that th Police Department provide a written notice to cease and desist the threat to publi peace, health, safety and general welfare of the public; and 12 13 14 15 WHEREAS, there are situations, like the 2K6 concert, where it is unfeasible fo the Police to give a written warning to the person in charge; and 16 17 WHEREAS, it is the intent of the Mayor and Common Council to recover th costs for extraordinary police services for situations like the 2K6 concert without th requirement of a written notice when the circumstance prevent such notice to b provided; Therefore: 18 19 20 Section 2.Findings of Urgency. 21 22 The Mayor and Common Council of the City of San Bernardino, pursuant to th provisions of Government Code section 36937(b), finds and declares that it i necessary that this ordinance become effective upon its passage for the immediat preservation of the public peace, health and safety for the reasons set forth above in Section 1, which findings are incorporated herein by this reference. Due to the abov stated reasons and because of the impending dates for the additional events at th NOS, this ordinance needs to take effect upon its adoption as an urgency measure t protect and preserve the public's interests and general welfare in case another even occurs that requires extraordinary police services but no opportunity to provide a writte warning to the person in charge. 23 24 25 26 27 28 III 2 t HC-1219 1 AN URGENCY ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SECTION 8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING RECOVERY OF EXPENSES FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES. 2 3 4 5 6 Section 3. San Bernardino Municipal Code Section 8,82,050 of Chapter 8,8 is hereby repealed and replaced with the following: 7 8,82.050 Unscheduled Events, 8 9 A. Except as provided herein below, if an unscheduled event occurs and law enforcement officer investigating the matter determines that the same is a threat t the public peace, health, safety or general welfare or constitutes a nuisance, said office may, in addition to any other duty or responsibility imposed upon him by law, giv written warning notice to the person in charge of the premises that if a second respons is necessary because of a continuation of any objectionable activity that the person i charge will be held liable to the City of San Bernardino for the cost of all subsequent la enforcement services necessary to abate the disturbance or other activity giving rise t law enforcement services over and above the normal services expended in connectio with the first call. 10 11 12 13 14 15 B. If an unscheduled event occurs and a law enforcement office investigating the matter determines that the same is a threat to the public peace, health, safety or general welfare or constitutes a nuisance of an immediate nature such that written warning is not feasible, a written warning shall not be required and the person i charge will be held liable to the City of San Bernardino for the cost of all la enforcement services necessary to abate the disturbance or other activity giving rise t law enforcement services over and above the normal services expended in connectio with the call. 16 17 18 19 20 21 C. The personnel and equipment of the law enforcement agency utilized after the first warning, if provided, to control or abate the nuisance or to protect th public peace, health, safety or general welfare shall be deemed to be extraordinary la enforcement services over and above the normal services provided Citywide and th cost of said extraordinary law enforcement services, including damage to city or la enforcement property, shall be billed to and is the legal responsibility of the person i charge. In the event a written warning is not feasible, then personnel and equipment 0 the law enforcement agency called in including but not limited to mutual aid agencies t control or abate the nuisance or to protect the public peace, health, safety or genera welfare shall be deemed to be extraordinary law enforcement services over and abov the normal services provided Citywide and the cost of said extraordinary la enforcement services, including damage to city or law enforcement property, shall b billed to and is the legal responsibility of the person in charge. 22 23 24 25 26 27 28 3 t MC-1219 1 AN URGENCY ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SECTION 8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING RECOVERY OF EXPENSES FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES. 2 3 4 5 6 Section 4, This Urgency Ordinance is based upon the findings set forth in Section 1, above, and the accompanying Staff Report and its attachments to thi ordinance and is adopted pursuant to the authority granted to the City of Sa Bernardino in Article 11, Section 7 of the California Constitution, and pursuant to Articl III, Section 31 of the Charter of the City of San Bernardino. This Urgency Ordinanc shall take effect immediately upon adoption. 7 8 9 10 Section 5. The provisions of this Ordinance are declared to be separate and severable, The invalidity of any clause, sentence, paragraph, subdivision, section, 0 portion of this Ordinance, or the invalidity of the application thereof to any person 0 circumstance shall not affect the validity of the remainder of this Ordinance, or th validity of its application to other persons or circumstances. 11 12 13 14 III 15 16 III 17 18 III 19 III 20 III 21 III 22 III 23 24 III 25 11/ 26 11/ 27 11/ 28 4 1 AN URGENCY ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SECTION 8.82.050 OF CHAPTER 8.82 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING RECOVERY OF EXPENSES FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES. 2 I I I I I I HEREBY CERTIFY that the foregoing Urgency Ordinance was duly adoptedl by the Mayor and Common Council of the City of San Bernardino at a regula~ meeting thereof, held on the 6th day of March, 2006, by the following vote, to wit: I COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT I I I 3 4 5 6 7 8 9 10 ESTRADA x 11 BAXTER MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK x x 12 x 13 x 14 x 15 x 16 17 ~k.~ Ra el Clark, City Clerk 18 19 20 21 The foregoing Urgency Ordinance is hereby approved this 6th day of March, 2006. 22 23 o<-:-r:.-'-'- '~J~~~ 5. ~ORRls:Mayor City-o San Bernardino 24 25 26 27 28 JAMES F. PENMAN City Attorney 5 URGENCY ORDINANCE NO. 06-_ AN URGENCY ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING SECTION 8.82.050 OF CHAPTER 8.82 REGARDING RECOVERY OF EXPENSES FOR EXTRAORDINARY LAW ENFORCEMENT SERVICES. Section 1. Findings. WHEREAS, on Saturday, March 4, 2006 the "British Invasion 2K6", a punk rock concert event (the "2K6") was held at the National Orange Show Events Center ("NOS") in San Bernardino, California; and WHEREAS, the concerts at the NOS are usually held at the Orange Pavilion (the "Pavilion") which has a seating capacity of approximately 5,000 people. The estimated attendance at the 2K6 concert was approximately 4,500 persons attended the 2K6 concert; and WHEREAS, On Saturday, March 4, 2006, San Bernardino Police Officers responded to a disturbance call to the NOS; and WHEREAS, upon responding to this call, the Officers determined that a stabbing had taken place at the Pavilion, During their investigation, the crowd became more and more unruly and difficult to control. The responding Officers being extremely outnumbered formed skirmish lines to attempt crowd control. However, the crowd grew and became so aggressive; the responding Officers were soon far outnumbered and had to move to defensive positions. While in these positions they ran out of crowd control measures, such as tear gas and less lethal munitions and had to resort to close quarter hand to hand combat all the while being pelted with bricks, bottles, rocks and other flying objects. Once mutual aid arrived on scene, Officers were able to utilize additional tear gas and less lethal munitions to drive the crowd back and eventually disperse the crowd, It took another hour to an hour and a half to fully disperse the crowd, Notwithstanding the crowd disbursement, several groups of troublemakers still traveled the City streets requiring an ongoing police presence to protect life and property; and WHEREAS, even after the crowd was disbursed from the NOS, Police presence was still required to control ingress and egress for several blocks surrounding the NOS as groups of troublemakers began to engage in civil disobedience, causing property damage to 41 business surrounding the NOS, damage to vehicles, including police vehicles It took both SBPD and mutual aid several more hours to fully secure the surrounding community; and N01f; WHEREAS, Approximately 150 police and fire personnel were required to quell the rioting crowd resulting in enormous costs to the City and other responding agencies; and WHEREAS, the NOS has other pending events scheduled for this Saturday, March 11, 2006 and for Saturday May 13, 2006 - 2 events that will present additional crowd control problems; and WHEREAS, the San Bernardino Municipal Code Chapter 8,82 contemplates the recovery of costs for extraordinary police services for unscheduled events that create a need for extraordinary police services, and the current ordinance requires that the Police Department provide a written notice to cease and desist the threat to public peace, health, safety and general welfare of the public; and WHEREAS, there are situations, like the 2K6 concert, where it is unfeasible for the Police to give a written warning to the person in charge; and WHEREAS, it is the intent of the Mayor and Common Council to recover the costs for extraordinary police services for situations like the 2K6 concert without the requirement of a written notice when the circumstance prevent such notice to be provided; Therefore: Section 2, Findings of Urgency, The Mayor and Common Council of the City of San Bernardino, pursuant to the provisions of Government Code section 36937(b), finds and declares that it is necessary that this ordinance become effective upon its passage for the immediate preservation of the public peace, health and safety for the reasons set forth above in Section 1, which findings are incorporated herein by this reference. Due to the above stated reasons and because of the impending dates for the additional events at the NOS, this ordinance needs to take effect upon its adoption as an urgency measure to protect and preserve the public's interests and general welfare in case another event occurs that requires extraordinary police services but no opportunity to provide a written warning to the person in charge, Section 3, San Bernardino Municipal Code Section 8,82.050 of Chapter 8,82 is hereby repealed and replaced with the following: 8,82,050 Unscheduled Events, A. Except as provided herein below. ~jf an unscheduled event occurs and ~tRe law enforcement officer investigating the matter determines that the same is a threat to the public peace, health, safety or general welfare or constitutes a nuisance, said officer may, in addition to any other duty or responsibility imposed upon him by law, give written warning notice to the person in charge of the premises that if a second response is necessary because of a continuation of any objectionable activity that the person in charge will be held liable to the City of San Bernardino for the cost of all 2 subsequent law enforcement services necessary to abate the disturbance or other activity giving rise to law enforcement services over and above the normal services expended in connection with the first call. B. If an unscheduled event occurs and a law enforcement officer investioatinq the matter determines that the same is a threat to the public peace, health. safety or oeneral welfare or constitutes a nuisance of an immediate nature such that a written warninq is not feasible, a written warninq shall not be required and the person in charqe will be held liable to the City of San Bernardino for the cost of all law enforcement services necessarv to abate the disturbance or other activity qivinq rise to law enforcement services over and above the normal services expended in connection with the call. CB. The personnel and equipment of the law enforcement agency utilized after the first warning, if provided. to control or abate the nuisance or to protect the public peace, health, safety or general welfare shall be deemed to be extraordinary law enforcement services over and above the normal services provided Citywide and the cost of said extraordinary law enforcement services, including damage to city or law enforcement property, shall be billed to and is the legal responsibility of the person in charge. In the event a written warnino is not feasible. then personnel and equipment of the law enforcement aoency called in includinq but not limited to mutual aid aqencies to control or abate the nuisance or to protect the public peace, health, safety or qeneral welfare shall be deemed to be extraordinarv law enforcement services over and above the normal services provided Citywide and the cost of said extraordinary law enforcement services. includinq damaqe to city or law enforcement property. shall be billed to and is the leoal responsibility of the person in charoe. Section 4, This Urgency Ordinance is based upon the findings set forth in Section 1, above, and the accompanying Staff Report and its attachments to this ordinance and is adopted pursuant to the authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, and pursuant to Article III, Section 31 of the Charter of the City of San Bernardino. This Urgency Ordinance shall take effect immediately upon adoption, Section 5, The provisions of this Ordinance are declared to be separate and severable, The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this Ordinance, or the validity of its application to other persons or circumstances. III 1/1 1/1 3 I HEREBY CERTIFY that the foregoing Urgency Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 6th day of March, 2006, by the following vote, to wit: COUNCIL MEMBERS: ESTRADA BAXTER MCGINNIS DERRY KELLEY JOHNSON MC CAMMACK AYES ABSTAIN ABSENT NAYS Rachel Clark, City Clerk The foregoing Urgency Ordinance is hereby approved this 6th day of March, 2006, Approved as to form red legal content: 7-f~ ~MES F. PENMAN v ity Attorney PATRICK J. MORRIS, Mayor City of San Bernardino 4 RESOLUTION AGENDA ITEM TRACKING FORM ()h /t ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** M,oi,. 0.. (D.. ^(p'" ~,h' D (" H'm' Vote: Ayes Nays Change to motion to amend original documents 0 tJ0 J{jj) R=1,,"00' J),~oIA; . Abstain Absent 1- Companion Resolutions Null/Void After: days / Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Reso. Log Updated: Seal Impressed: o o Date Sent to Mayor: Date of Mayor's Signature: Date of ClerklCDC Signature: Date Memo/Letter Sent for Signature: I" Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 ~ I . Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ Information Services 0 Parks & Recreation 0 Police Department 0 Public Services 0 Water Department 0 , -~': . . r.xn:LD1C A * * FOR OFFICE USE ONLY - NOY,A PUBLIC DOCUMENT ** ""'. -{;~~~+~?;.; ~'~l;~~~;.~r~' :~~'$~~~~' l"j~~~~5ff:~,~:'__", ~':'~':'~_~'\~i?!\~:l:~:~/~;;:f .'..- .' CI1Y OF SAN BERNARDINO :'CITY CLERK'S OFFICE--'~"'~~" . , 'c.,, . RECORDS & INFORMATION MANAGEMENT PROGRAM !:-!> . . ."-.'- AGENDA ITEM TRACKING FORM Meeting Date/Date Adopted: to//Jh Item No. /1/11 / d? Resolution/Ordinance No. /11 - 'l2/C,i Ordinance Urgency~1 No :::ive Date: Ayes: }{6tZ ::::nation/.(,~et Date: dJ., Abstain: -B-- Absent: -JJ 7 Date Sent to Mayor: ')/;/ t)?, Date Returned from Mayor: Date of Mayor's Signature: ~/7 /0 c, Date of Clerk's Signature: Date Summary Sent to Att rney' S I ~/tJ h Date Summary Returned from Attorney: :3 7' {J b Date Published: :3 '13 Oh I Meeting Type: Continued FromIT .J Date Seal Impressed: Date Sent for Signature: Expiration Date: Copies Distribute~ Exhibits Complete & Attached to ResolutiorilO Rem i nder Letter Sent: Reminder Letter Sent: Reminder Letter Sent: Request for Council Action & Staff Report Attached: Yes Notes: ;yJJ;~ M- - 3/FCj~1: /de To Whom: LeL, No Ready to File: .f fJ~~. c Date: 3/~loi I DOCUMENT tQCAnoN: fOItMSI~ lent TradcinI Focm~CC Form No. 111." ~ IV0411996