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HomeMy WebLinkAbout2010-087 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 RESOLUTION NO. 2010-87 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PROCLAIMING THE EXISTENCE OF A FISCAL EMERGENCY. WHEREAS last year, the nation and California confronted the most severe economic downturn since the Great Depression; and WHEREAS in response to this dire fiscal situation, the Mayor and Common Council have addressed a $32 million projected deficit for FY 2009/1 0; and WHEREAS as the recession deepened throughout the spring, the revenues eroded, and the budget reserves for Fiscal Year 2009/10 are only $1.8 million; and WHEREAS, Sacramento politicians have already taken tens of million of dollars from the City of San Bernardino, are threatening to take more, and these cuts present a significant fiscal challenge; and WHEREAS, On January 8, 2010, the Governor of the State of California declared a fiscal emergency and identified the nature of the fiscal emergency to be the projected budget imbalance for Fiscal Year 2009/10 and the projected insufficient cash reserves and budgetary and cash deficits in Fiscal Year 20 I 0/11; and WHEREAS, City employees have also offered to make personal sacrifices by agreeing to pay and benefit concessions, including unpaid furloughs and contract term extensions; and WHEREAS the City's economy remains weak, unemployment rates remain near 18 historic highs, revenues are decreasing, and an estimated budget shortfall of $24.3 million 19 for Fiscal Year 20 I 0/11 ; and 20 21 WHEREAS, in beginning to plan for the next fiscal year budget, the Mayor and Common Council want to ensure that the public is aware of this fiscal emergency and that City staff begins to looks for the necessary cuts to services that the City will be forced to make; and 22 23 WHEREAS, Pursuant to Section 2.46.020 of the San Bernardino Municipal Code "emergency" means the actual of threatened existence of conditions of disaster or of 24 extreme peril to the safety of person and property within the City caused by...conditions,...which...are or are likely to be beyond the control of the services, 25 personnel, equipment and facilities of this City, are acquiring the combined forces of 26 other political subdivisions to combat; and 27 WHEREAS, this proclamation of emergency and the actions contemplated hereunder are based on adequate factual foundation, are designed to protect a basic social 28 interest and not benefit a particular individual; are appropriate for the emergency and I 2010-87 1 obligation; and are intended to be temporary and limited to the immediate exigency that cause the action; and 2 WHEREAS, pursuant to his authority set forth above, the Mayor does here by request the Common Council to proclaim the existence or threatened existence of a local emergency. 3 4 5 NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DOES HERE BY PROCLAIM, the existence of a local emergency 6 that such emergency did arise on or about March II, 20 I 0 7 IT IS FURTHER PROCLAIMED AND ORDERED, that the Mayor and Common Council finds and declares the existence of a fiscal emergency with the City for 8 fiscal years 2009/10 and 2010/11. 9 10 11 12 13 IT IS FURTHER PROCLAIMED AND ORDERED, that until further action of the Common Council, the powers, functions, and duties of the Mayor and the emergency organization of the City as set forth in Chapter 2.46 of the San Bernardino Municipal Code, are not hereby activated except as herein above set forth. IT IS FURTHER PROCLAIMED AND ORDERED, that the Mayor and Common Council shall take any and all actions as deemed appropriate by them and as authorized by the City Chapter and general law to address the emergency. 14 15 III 16 III 17 18 19 III 20 21 22 23 24 25 26 27 28 2 2010-87 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 2 CITY OF SAN BERNARDINO PROCLAIMING THE EXISTENCE OF A FISCAL EMERGENCY. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a joint regular meeting 6 thereof, held on the 3rd day of 7 May ,2010, by the following vote, to wit: 8 Council Members 9 MARQUEZ 10 DESJARDINS AYES NAYS ABSTAIN ABSENT x x 11 BRINKER 12 13 14 15 16 17 -----1L- SHORETT x KELLEY x x JOHNSON MC CAMMACK x 18 ~~h.~ 19 City Clerk 20 The foregoing resolution is hereby approved this j ~ day of May 21 ,2010. 22 23 ~""~ atrick J. Mo 's Mayor City of San Bernardino 24 25 James F. Penman, 26 City Attorney 27 By:-----Lq0~ J.f-~Kl~ 28 {/. Approved as to form: 3