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JOINT ADJOURNED REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
THURSDAY, FEBRUARY 19, 2009 - 5:00 P.M.
COUNCIL CHAMBERS
ADDITION OF ITEM THAT AROSE AFTER THE POSTING OF THE AGENDA:
1'18/, RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROCLAIMING THE EXISTENCE OF A LOCAL
EMERGENCY
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MOTION: That said resolution be adopted. '" J~."C'~'L / ~L;L.t/l-'-- A(0..';j
~n~ered '~to Rae. at MCC/CDC Mtg: 'lltr/o 7
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Agenda I emvNo: ~ A/ 6 /
by: (''k.Lc CC-tL~
CIty Cler DC Secretary
City of San Bernardino
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1 RESOLUTION NO.
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 1,2008 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
1 6 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
1 9 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, immediate 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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State and Federal governments, to combat the emergency; and
WHEREAS, pursuant to San Bernardino Municipal Code Section 2.46.060(A)(I) the
Mayor, as Chairman of the San Bernardino Disaster Council and Executive Director of
Emergency Services is empowered to request the Common Council to proclaim the existence or
threatened existence of a local emergency if the Common Council is in session; and
WHEREAS, at the Budget meeting of February 2, 2009, the Common Council was placed
on notice of facts adequate to support the finding that the fiscal state of the City is such as to
constitute an "emergency" as defined in San Bernardino Municipal Code Section 2.46.020, and
that such state has existed in the City of San Bernardino since on or about December I, 2008 at
which time budget projections for the ensuing period became available; and
WHEREAS, since its inception the Mayor and Common Council and the City staff have
been engaged in a continuous effort to stem the emergency, it has only at this time become
apparent that a formal declaration of emergency is required to provide a necessary legal
underpinning for certain of those efforts. In this regard, specific reference is made to a plan of
furlough of City employees. Furlough will reduce current spending and will immediately
improve the City's ability to meet its obligations to pay for essential services so as not to
jeopardize its residents' health and safety in the current and next fiscal year. In order to institute
the furlough a temporary modification or suspension of certain contractual obligations is
necessary to mitigate the conditions of emergency.
WHEREAS, this proclamation of emergency and the actions contemplated hereunder are
based on an adequate factual foundation, are designed to protect a basic social interest and not
benefit a particular individual; are appropriate for the emergency and obligation; and are intended
to be temporary and limited to the immediate exigency that caused the action; and
WHEREAS, pursuant to his authority set forth above, the Mayor does hereby request the
Common Council to proclaim the existence or threatened existence of a local emergency.
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DOES HEREBY PROCLAIM, the existence of a local emergency and that such
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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Common Council, the powers, functions, and duties ofthe 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 such actions as deemed appropriate by them and as authorized by
the City Charter and the general law to address the emergency.
III
III
III
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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
5 Common Council of the City of San Bernardino at a
meeting thereof, held on the _
6 day of
7
, 2009, by the following vote, to wit:
8 COUNCIL MEMBERS: A YES
9 ESTRADA
10 BAXTER
11 BRINKER
12 VACANT
13 KELLEY
14 JOHNSON
15 MC CAMMACK
16
NAYS
ABSTAIN ABSENT
17
Rachel Clark, City Clerk
The foregoing Resolution is hereby approved this _ day of
,2009.
PA TRICK J. MORRIS, Mayor
22 City of San Bernardino
23 Approved as to form:
24 JAMES F. PENMAN,
City Attorney
25
26 By:
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