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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: Resolution authorizing the City of San
Bernardino to Establish 2009-20 1 0 Expenditures for the
Month of August 2009, only.
Dept: CITY ATTORNEY
Date: July 22, 2009
Synopsis of Previous Council Action:
City Council adopted the Budget for 2008-2009 on September 2,2009, Council Resolution No. 2008-356.
Budget was modified on September 15,2009. On June 29, 2009, Council approved authorization for
expenditures for the month of July, 2009, only, and established City's appropriation limit as required by
Article XIIl B of the California Constitution; Resolution No. 2009-175
Recommended motion:
Adopt the Resolution
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Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff ReDOrt
Ward:
City wide
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
Agenda Item No. J
1, Z&-O'l
F:\WILSON\Resolutions\RCA re continuing appropriation 2009 2. wpd
STAFF REPORT
Council Meeting Date: AUl!Ust 3. 2009
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
July 23, 2009
Subject:
Resolution authorizing the City to make expenditures during August 2009.
Background:
Charter Section 139 prohibits claims for commodities furnished, or service performed,
unless prior to furnishing such commodities, or the rendition of the service, authority for same has
been given by the Common Council, the City Manager or some department of City govermnent
having the authority to do so. The authority to pay claims for goods provided or services rendered
to the City ultimately derives from the Mayor and Common Council (Charter Section 1, 30, 40(aa);
SBMC ~2.1 0.030(1)). It is the practice of the Mayor and Common Council to exercise this authority
through the formal adoption of a budget put forward by the City Manager (Charter Section 1 02( e),
130; SBMC ~2.02.060(F)).
Unless the authority to spend is extended by action of the City Council, the spending
authority expires on date of expiration of the budget. The current budget was adopted pursuant to
Resolution No. 2008-355. That budget expired at the end of the 2008-2009 Fiscal Year. The Fiscal
Year terminated on June 30, 2009 (Charter Section 220). On June 29~ 2009, the Common Council
adopted Resolution No. 2009-175, extending the spending authority through the end of July, 2009.
The resolution presented here will extend the spending authority through the end of August 2009.
Resolution No. 2009-175 adopted the Constitutional appropriations limit for 2009-10 therefore no
further action is required in that regard. Dates for further consideration of the budget by the Mayor
and Common Council will be set by separate action.
Financial Impact:
Current spending authority expires if not extended by action of the Mayor and Common Council.
Recommendation:
Adopt the resolution.
F:\ WILSON\Resolutions\StaffReport for contiuing appropriation 2009 2. wpd
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RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY OF SAN BERNARDINO TO
3 ESTABLISH 2009-2010 EXPENDITURES FOR THE MONTH OF AUGUST, 2009 ONLY,
AT ONE-TWELFTH THE ACTUAL LEVELS CONTAINED IN THE ADOPTED BUDGET
4 FOR 2008-2009 FISCAL YEAR, OR AS NEEDED TO PAY THE AUTHORIZED COSTS
INCURRED FOR THE MONTH OF AUGUST, 2009 ONLY, PENDING FINALAPPROV AL
5 OF THE 2009-2010 BUDGET. .
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WHEREAS the Mayor and Common Council have held budget hearings on June 4, 2009,
June 9, 2009, June 16, 2009 and June 29, 2009, and desire to continue 2008-2009 fiscal year
expenditures for the City of San Bernardino for the month of August, 2009 only, at one-twelfth the
budgeted level for the 2008-2009 fiscal year, pending final approval of the 2009-2010 budget,
therefore,
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council hereby authorize the City of San Bernardino
to establish the 2009-201 0 expenditures for the month of August, 2009, only, atone-twelfth the actual
levels contained in the Adopted Budget for the 2008-2009 fiscal year, or as needed to pay the
authorized costs incurred for the month of August, 2009, only, pending final approval of the 2009-
2010 budget.
SECTION 2. This Resolution shall take effect upon the date ofits adoption.
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F:\W1LSONIResolutionsIBudget Continuing Resolution2 2009-2010.wpd
',"c<""..,',;.'.,
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY OF SAN BERNARDINO TO
2 ESTABLISH 2009-2010 EXPENDITURES FOR THE MONTH OF AUGUST, 2009 ONLY,
AT ONE-TWELFTH THE ACTUAL LEVELS CONTAINED IN THE ADOPTED BUDGET
3 FOR 2008-2009 FISCAL YEAR, OR AS NEEDED TO PAY THE AUTHORIZED COSTS
INCURRED FOR THE MONTH OF AUGUST, 2009 ONLY, PENDING FINALAPPROV AL
4 OF THE 2009-2010 BUDGET.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
meeting thereof,
. 2009, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
CITY CLERK
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,2009.
day of
The foregoing Resolution is hereby approved this
PATRICK J. MORRIS, Mayor
City of San Bernardino
22 Approved as to form:
23 JAMES F. PENMAN,
City Attorney
7 ;J ~__
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F:\WILSON\Resolutions\Budget Continuing Rcsolution2 2009-2010,wpd