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RESOLUTION NO,
2 RESOLUTION OF THE MAYOR AND COMMO;\l COlJNClL OF THE CITY OF
SAN BERNARDINO DECLARING AN EMERGE:\CY PLJRSUANT TO SECTION 2(B) OF
3 ARTICLE XlIIC OF THE CALIFORNIA CONSTITUTION NECESSITATING
Sl'BMISSION OF A GENERAL TRANSACTIONS AND USE TAX MEASURE ON THE
4 NOVEMBER 7, 2006 SPECIAL ELECTION BALLOT.
5 BE IT RESOLVED BY THE MA YOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 WHEREAS, the Mayor and Common Council intend to submit a measure to the voters at
8 a special municipal election to be held on November 7,2006 to adopt a general transactions and use
9 tax pursuant to Revenue & Taxation Code Section 7251 et seq.;
10 WHEREAS, if approved by the voters, that measure will impose a general tax, as that term
11 is defined in Section l(a) of Article XIIlC of the California Constitution, and
12 WHEREAS, Section 2(b) of Article XlllC of the California Constitution requires that the
13 Common Council, by unanimous vote of its members present, declare an emergency if the voters are
14 to consider the measure at the November 7, 2006 special election.
15
Section 1.
The Mayor and Common Council find and determine that each of the findings
16 set forth above and below is true and correct.
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Section 2.
The Mayor and Common Council hereby declare that a public safety
18 emergency exists which necessitates placing a general transactions and use tax measure on the ballot
19 of the November 7, 2006 special municipal election. The nature of this emergency is as follows:
20
A
The City of San Bernardino has experienced a substantial and unexpected increase
in violent crime beginning in Fall 2005, as evidenced by the following:
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22
1.
The City's murder rate is currently more than 3 times the national average,
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and the City's 2005 crime rate of seventy-one (71) violent crimes per capita
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is nearly 50% higher than crime rates in surrounding communities.
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,
L.
In 2005, the total number of murders in San Bernardino (58) was the highest
in the last decade. In the first six months of2006, the City's murder rate was
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24% higher than in 2005, with a total of 31 murders. Murder victims in the
first six months of2006 included seven (7) children, constituting an alarming
DHC/ed(Rcsolutions JEmergencyTax Resowpd]
Revised 817/06
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DECLARING AN EMERGENCY PI:RSUANT TO SECTION 2(B) OF
2 ARTICLE XIIIC OF THE CALIFORNIA CONSTITUTION NECESSITATING
SUBMISSION OF A GENERAL TRANSACTIONS AND USE TAX MEASURE ON THE
3 NOVEMBER 7, 2006 SPECIAL ELECTION BALLOT.
4 spike in violence against the City's youth, and almost equaling the eight (8)
5 children murdered in the City during all of2005.
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3.
In a July 2006 survey of San Bernardino residents, 92% of residents rated
crime as an extremely or very concerning problem.
4.
The City was rated the 18'h most dangerous city in the nation, and the 3'd most
dangerous in California, according to a November 2005 publication by
Morgan Quinto Press.
B
The substantial and alarming increase In violent cnme requIres the City to
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immediately expand and improve its public safety programs. These urgently needed
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expansions of police and crime prevention programs requires immediate funding in
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the current Fiscal Year, and therefore additional revenues must be found as soon as
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c.
possible.
In Fiscal Year 2006-07, the City has managed to fund 14 additional police officers
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D.
and 3 police support staff positions necessary to protect residents and visitors to the
City from violent crime and to address spiraling violence among members of youth
gangs. Moreover, the City has borrowed resources from the San Bernardino County
Sheriffs Department and the California Highway Patrol in attempts to quell the
violence, and the City just recently implemented a temporary helicopter surveillance
and patrol support program. None of the additional police or programs, however, can
be maintained beyond September 2006 without additional funding.
Further, to fully implement the 21-Beat Program urgently recommended by the Chief
of Police to provide a visible police presence and deterrence throughout the City,
especially during the times of day when violent crime most commonly occurs, the
City needs an additional twenty-six (26) police officers and funds to recruit, train,
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and pay them beginning this fiscal year.
DI Ie/cd [Resolutions] Emergency Tax. Reso. wpdJ
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Revised 8/7/06
o
RESOLUTION OF THE MAYOR AND COMI\ION COU"ICIL OF THE CITY OF
SA.N BERNARDINO DECLARING AN EMERGENCY PURSUANT TO SECTION 2(13) OF
ARTICLE XlIIC OF THE CALIFORNIA CONSTITuTION NECESSITATIl\'G
SUBMISSION OF A GENERAL TRANSACTIONS AND USE TAX MEASuRE ON THE I
NOVEMBER 7,2006 SPECIAL ELECTION BALLOT.
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E
If the City fails to provide this staffing and additional non-sworn police support staff
for its officers, it cannot fully staff the neighborhood beat plan, contain the gang
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violence problem, or fund crime prevention programs, including anti-gang and drug
resistance education for our young people, and supervised after-school activities to
give our youth safe places to recreate away from the influences of gangs and drugs
and in the presence of appropriate role models.
These pressing public safety problems cannot await the next general municipal
election in 2008, but must be addressed now, before more lives are lost.
~
,tion3.
The City Clerk shall certify to the passage and adoption of this Resolution and
) the book of original Resolutions.
IS III
16 III
17 /II
18 III
19 /1/
20 /II
21 /II
22 /II
23 /II
24 /1/
.F / if
L) III
26 /II
27 /II
28 1/1
DHC/ed [Resolul ions JEmergcncyTax Reso wpd] Revised 8/7106
RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDI]\"O DECLARING AN EMERGENCY PURSUANT TO SECTION 2(B) OF
2 I ARTICLE XIIIC OF THE CALIFORNIA CONSTITUTIO.\' NECESSITATI]\"(;
SlJR\lISSION OF A GENERAL TRA.\'SACTIONS AND USE TAX MEASURE ON TilE
3 NOVEMBER 7, 2006 SPECIAL ELECTION BALLOT.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof, held
6 on the day of
7 COUNCIL MEMBERS: AYES
8 ESTRADA
9 BAXTER
10 VACANT
II DERRY
12 KELLY
13 JOHNSON
14 MC CAMMACK
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, 2006, by the following vote, to wit:
NAYS
ABSTAIN
ABSENT
Rachel Clark, City Clerk
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The foregoing Resolution is hereby approved this _ day of
,2006.
PATRICK J. MORRIS, Mayor
City of San Bernardino
22 Approved as to form:
23 Michael Colantuono, Special Counsel
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By: /"-
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DHC/cd [Resol ulions ]EmcrgencyT ax. Reso ""pd J
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Revised 8J7/(l6