HomeMy WebLinkAbout2009-036
1 RESOLUTION NO. 2009-36
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY
4 WHEREAS, pursuant to Section 2.46.020 of the San Bernardino Municipal Code
5 "emergency" means the actual or threatened existence of conditions of disaster or of extreme
6 peril to the safety of persons and property within the City caused by...conditions,...which... are or
7 are likely to be beyond the control of the services, personnel, equipment and facilities of this
8 City, requiring the combined forces of other political subdivisions to combat.; and
9 WHEREAS, on or about December I, 2008 the Governor of the State of California
10 declared that a fiscal emergency exists in the State government for the reasons that, inter alia, due
11 to developments in the worldwide and national financial markets, and continuing weak
12 performance in the California economy, it is estimated that there will be a General Fund revenue
13 shortfall of at least $11.2 billion for the 2008-2009 fiscal year; and
14 WHEREAS, on February 5, 2009, the Governor of the State of California proclaimed a
15 state of emergency to exist in the State of California for the reasons, inter alia, that due to
16 developments in the worldwide and national financial markets, and continuing weak performance
17 in the California economy, there is an approximately $15 billion general fund deficit for the
18 2008-2009 fiscal year, which without effective action, is estimated to grow to a $42 billion
19 General Fund budget shortfall over the next 18 months; and
20 WHEREAS, the fiscal condition of the municipal government of the City of San
21 Bernardino closely parallels that of the State of California in that there is an approximately $9
22 million general fund deficit for the 2008-2009 fiscal year, which, without effective action, is
23 estimated to grow to a $29 million General Fund budget shortfall over the next 16 months; and
24 WHEREAS, innnediate and comprehensive action to reduce current spending must be
25 taken to ensure, to the maximum extent possible, that the essential services of the City of San
26 Bernardino are not jeopardized and the public health and safety is preserved; and
27 WHEREAS, these circumstances, by reason of their magnitude, are likely to be beyond
28 the control of the services, personnel, equipment and facilities of any single county or city, and
require, or are likely to require the combined forces of other political subdivisions, including the
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2009-36
1 State and Federal governments, to combat the emergency; and
2 WHEREAS, pursuant to San Bernardino Municipal Code Section 2.46.060(A)(1) the
3 Mayor, as Chairman of the San Bernardino Disaster Council and Executive Director of
4 Emergency Services is empowered to request the Connnon Council to proclaim the existence or
5 threatened existence of a local emergency if the Connnon Council is in session; and
6 WHEREAS, at the Budget meeting of February 2, 2009, the Connnon Council was placed
7 on notice of facts adequate to support the finding that the fiscal state of the City is such as to
8 constitute an "emergency" as defined in San Bernardino Municipal Code Section 2.46.020, and
9 that such state has existed in the City of San Bernardino since on or about December 1, 2008 at
10 which time budget projections for the ensuing period became available; and
11 WHEREAS, since its inception the Mayor and Connnon Council and the City staff have
12 been engaged in a continuous effort to stem the emergency, it has only at this time become
13 apparent that a formal declaration of emergency is required to provide a necessary legal
14 underpinning for certain of those efforts. In this regard, specific reference is made to a plan of
15 furlough of City employees. Furlough will reduce current spending and will innnediately
16 improve the City's ability to meet its obligations to pay for essential services so as not to
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17 jeopardize its residents' health and safety in the current and next fiscal year. In order to institute
18 the furlough a temporary modification or suspension of certain contractual obligations is
19 necessary to mitigate the conditions of emergency.
20 WHEREAS, this proclamation of emergency and the actions contemplated hereunder are
21 based on an adequate factual foundation, are designed to protect a basic social interest and not
22 benefit a particular individual; are appropriate for the emergency and obligation; and are intended
23 to be temporary and limited to the immediate exigency that caused the action; and
24 WHEREAS, pursuant to his authority set forth above, the Mayor does hereby request the
25 Connnon Council to proclaim the existence or threatened existence of a local emergency.
26 NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SAN
27 BERNARDINO DOES HEREBY PROCLAIM, the existence of a local emergency and that such
28 emergency did arise on or about December 1, 2008.
IT IS FURTHER PROCLAIMED AND ORDERED, that until further action of the
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2009-36
1 Connnon Council, the powers, functions, and duties of the Mayor and the emergency
2 organization of the City as set forth in Chapter 2.46 of the San Bernardino Municipal Code, are
3 not hereby activated except as herein above set forth.
4 IT IS FURTHER PROCLAIMED AND ORDERED that the Mayor and Connnon
5 Council shall take any and all such actions as deemed appropriate by them and as authorized by
6 the City Charter and the general law to address the emergency.
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8 COUNCIL MEMBERS:
9 ESTRADA
10 BAXTER
11 BRINKER
12 VACANT
13 KELLEY
14 JOHNSON
15 MC CAMMACK
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2009-36
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
5 Common Council of the City of San Bernardino at a adiourned meeting thereof, held on the19th
6 day of February
, 2009, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
x
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x
x
--L
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Rae el Clark, City Clerk
The foregoing Resolution is hereby approved thi~n(day of February, 2009.
r
Approved as to form:
JAMES F. PENMAN,
City Attorney
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