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City of San Bernardino
FY 2009-2010 Appropriations Limit
Article XlIIB of the California Constitution (enacted with the passage of Proposition 4 in
1979 and modified with the passage of Proposition 111 in 1990) restricts the
appropriations growth rate for cities and other local jurisdictions. The growth rate is tied
to changes in the population and the change in California Per Capita Personal Income.
On May 1, 2009 the State Department of Finance notified each city of the population
changes and per capita personal income factor to be used in determining appropriation
limits. Effective January 1, 2009, the change in the California Per Capita Personal
Income is .62% and the change in the City of San Bernardino's population is .13%.
Attached is the City's calculation for the permitted appropriations growth rate based on
the above information from the State.
In accordance with state law, the FY 1986-87 appropriation limit is to be used as the base
year in calculating annual appropriation limits thereafter. The City of San Bernardino's
FY 2009-2010 Appropriation Limit is 3.6659 times the base year limit of $72,956,219
which equals $267,447,388.
Total appropriations for FY 2009-2010, subject to the limitation (see attached) equal
$93,460,000 which is $173,987,388 below the City's FY 2009-2010 Appropriations limit
of $267,447,388.
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CITY OF SAN BERNARDINO
CALCULATION OF APPROPRIATIONS SUBJECT TO LIMITATION
Fiscal Year 2009-2010
Proceeds Non-Proceeds
Budget of Taxes of Taxes Total
Proceeds of Taxes
Property Tax 34,552,800 34,552,800
Sales & Use Tax 17,757,200 17,757,200
Business License Tax - Revenue 6,600,000 6,600,000
Utility Users Tax 24,500,000 24,500,000
Transient Occupancy Tax 2,600,DOO 2,600,000
Measure Z District Tax 6,100,000 6,100,000
Sales Tax Public Safety 850,000 B50,000
Other 50D,000 500,000
From State/Local Agency
Motor Vehicle In Lieu 725,00D 725,000
Homeowners Exemption 140,000 140,000
Off Highway Vehicles
SB 90 Reimbursements 100,000 100,000
Other 2,508,400 2,508,400
Other Governments
CDBG Reimbursements 2,807,000 2,807,000
SBIAA Reimbursement 136,400 136,400
Mutual Aid/Disaster Reimbursement 700,000 700,000
Water Department 3,219,600 3,219,6DO
Locally Raised
Licenses & Pennits 2,850,500 2,850,500
Franchise Fees 3,386,500 3,386,500
Charges for Services 9,316,000 9,316,000
Fines and Penalties 1,995,000 1,995,000
Other Miscellaneous
Sale of Property 50,000 50,000
Other 2,088,200 2,088,200
Rents/Commissions 522,200 522,200
Subtotal 93,460,000 30,544,800 124,004,800
Interest Earnings 456,200 456,200
Total of these Funds 93,460,000 31,001,000 124,461,000
Other Funds Not Included 85,873,100 85,873,100
Grand Total Budget ....... 93,460,000 116,874,100 210,334,100
----
Appropriations Subject
to Limitation
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RESOLUTION NO
2009-305
RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND
ADOPTING THE CITY OF SAN BERNARDINO'S FINAL BUDGET FOR
FISCAL YEAR 2009-2010; AND ESTABLISHING THE CITY'S
APPROPRIATION LIMIT AS REQUIRED BY ARTICLE XIII B OF THE
CALIFORNIA STATE CONSTITUTION; AND AUTHORIZING THE
TRANSFER TO THE GENERAL FUND OF ADMINISTRATIVE CIVIL
PENALTIES REVENUES COLLECTED PURSUANT TO SAN BERNARDINO
MUNICIPAL CODE CHAPTER 9.93 FOR VIOLATIONS OF THE SAN
BERNARDINO MUNICIPAL CODE AND HELD IN TRUST; AND REPEALING
RESOLUTION 2008-116.
WHEREAS, the Preliminary Annual Budget of the City of San Bernardino for
Fiscal Year 2009-2010 as amended and conditioned by orders of the Mayor and Common
Council is attached to and incorporated herein as Exhibits A and B, and Schedules I
through 18; and
WHEREAS, at the August 17"', 2009 meeting of the Mayor and Council, the
motion was made to incorporate and reference herein as Exhibit C the attachment to the
memo dated 8/17/09 from the Director of Finance (Funded Full-Time Position Listing-
Attachment A); and
WHEREAS, at the August 17"', 2009 meeting of the Mayor and Council, the
motion was made to remove the proposed Police Impound operation from the Preliminary
FY 2009-2010 Budget and that $483,400 from the General Fund budget reserve be used
to replace the net budgeted revenue from the proposed Police Impound operation; and
WHEREAS, at the August 17"', 2009 meeting of the Mayor and Council, the
motion was made to designate a portion of the General Fund budget reserve as a reserve
related to Administrative Civil Penalties; and
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RESOLUTION NO 2009-305
RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND
ADOPTING THE CITY OF SAN BERNARDINO'S FINAL BUDGET FOR
FISCAL YEAR 2009-2010; AND ESTABLISHING THE CITY'S
APPROPRIATION LIMIT AS REQUIRED BY ARTICLE. XIII B OF THE
CALIFORNIA STATE CONSTITUTION; AND AUTHORIZING THE
TRANSFER TO THE GENERAL FmID OF ADMINISTRATIVE CIVIL
PENALTIES REVENUES COLLECTED PURSUANT TO SAN BERNARDINO
MUNICIPAL CODE CHAPTER 9.93 FOR VIOLATIONS OF THE SAN
BERNARDINO MUNICIPAL CODE AND HELD IN TRUST; AND REPEALING
RESOLUTION 2008-116.
WHEREAS, Article XIII B of the Constitution of the State of California as
proposed by the Initiative Measure approved by the people at the special statewide
election held on November 6, 1979, provides that the total annual appropriations subject
to limitation of each . local government shall not exceed the appropriations limit of such
entity for the prior year adjusted for changes in the cost of living and population except as
otherwise specifically provided for said Article; and
WHEREAS, Section 7910 of the Government Code provides that each year the
governing body of each local jurisdiction shall, by resolution, establish its appropriations
limit. for the following fiscal year pursuant to Article XIll B at a regularly scheduled
meeting o,r a noticed special meeting and that fifteen days prior to such meeting,
documentation used in the determination of the appropriations limit shall be available to
the public; and
WHEREAS, the City Council of the City of San Bernardino wishes to establish
the appropriations limit for fiscal year 2009-20 I 0 for the City of San Bernardino; and
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RESOLUTION NO
2009-305
RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND
ADOPTING THE CITY OF SAN BERNARDINO'S FINAL BUDGET FOR
FISCAL YEAR 2009-2010; AND ESTABLISHING THE CITY'S
APPROPRIATION LIMIT AS REQUIRED BY ARTICLE XIII B OF THE
CALIFORNIA STATE CONSTITUTION; AND AUTHORIZING THE
TRANSFER TO TIlE GENERAL FUND OF ADMINISTRATIVE CIVIL
PENALTIES REVENUES COLLECTED PURSUANT TO SAN BERNARDINO
MUNICIPAL CODE CHAPTER 9.93 FOR VIOLATIONS OF THE SAN
BERNARDINO MUNICIPAL CODE AND HELD IN TRUST; AND REPEALING
RESOLUTION 2008-116.
WHEREAS, Pursuant to Resolution 2008-116, all revenues collected as a result
of Administrative Civil Penalties imposed pursuant to San Bernardino Municipal Code
Chapter 9.93 for violations of the San Bernardino Municipal Code, except for violations
of Chapter 8,60 and 8.61 regarding fireworks, shall be deposited into a specific Trust
Account created by the City Treasurer or his/her designee solely for the purpose of
accounting for these City Funds; and,
WHEREAS, Pursuant to Resolution 2008-116 all revenues held in the Trust
Account shall be held in said account until such time as the Mayor and Common Council
take action to appropriate the funds.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TIlE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That certain document entitled "2009-2010 Preliminary Annual
Budget" as amended and conditioned by orders of the Mayor and Common Council at the
August 17th, 2009 Council Meeting, as attached hereto and incorporated herein as Exhibits A
and B, and C; is hereby approved and adopted as the 2009-2010 Budget of the City of San
Bernardino.
SECTION 2. That Position Control Resolution 97-244 be updated to reflect the
changes in authorized positions that were incorporated in the FY 2009-20 I 0 Preliminary Budget
or were authorized by orders of the Mayor and Common Council during budget deliberations.
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RESOLUTION NO
2009-305
RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND
ADOPTING THE CITY OF SAN BERNARDINO'S FINAL BUDGET FOR
FISCAL YEAR 2009-2010; AND ESTABLISHING THE CITY'S
APPROPRIATION LIMIT AS REQUIRED BY ARTICLE XIII B OF THE
CALIFORNIA STATE CONSTITUTION; AND AUTHORIZING THE
TRANSFER TO THE GENERAL FUND OF ADMINISTRATIVE CIVIL
PENALTIES REVENUES COLLECTED PURSUANT TO SAN BERNARDINO
MUNICIPAL CODE CHAPTER 9.93 FOR VIOLATIONS OF THE SAN
BERNARDINO MUNICIPAL CODE AND HELD IN TRUST; AND REPEALING
RESOLUTION 2008-116.
SECTION 3. That Salary Resolution 6413 be updated to reflect the changes in
authorized salary ranges that were incorporated in the FY 2009-2010 Preliminary Budget or
were authorized by orders ofthe Mayor and Common Council during budget deliberations.
SECTION 4. That it is hereby found and determined that the documentation used in
the determination of the appropriations limit for the City of San Bernardino for fiscal year
2009-2010 was available to the public in the Finance Department of said City at least fifteen
days prior to this date.
SECTION 5. That the Appropriations limit for the City of San Bernardino as
established in accordance with Article XIII B of the Constitution of the State of California is
$267,447,~88.
SECTION 6. That the Director of Finance be authorized to transfer to the General
Fund all revenues resulting from the collection of Administrative Civil Penalties and held in
trust.
SECTION 7. That Resolution 2008-116 be repealed.
SECTION 8. That all future revenues collected as a result of Administrative
Penalties imposed pursuant to San Bernardino Municipal Code Chapter 9.93 for violations of
the San Bernardino Municipal Code shall be deposited in the City's General Fund.
SECTION 9. This Resolution shall take effect upon the date of its adoption.
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RESOLUTION NO
2009-305
RESOLUTION OF THE MAYOR AND COMMON COUNCIL APPROVING AND
ADOPTING THE CITY OF SAN BERNARDINO'S FINAL BUDGET FOR
FISCAL YEAR 2009-2010; AND ESTABLISHING THE CITY'S
APPROPRIATION LIMIT AS REQUIRED BY ARTICLE XllI B OF THE
CALIFORNIA STATE CONSTITUTION; AND AUTHORIZING THE
TRANSFER TO THE GENERAL FUND OF ADMINISTRATIVE CIVIL
PENALTIES REVENUES COLLECTED PURSUANT TO SAN BERNARDINO
MUNICIPAL CODE CHAPTER 9.93 FOR VIOLATIONS OF THE SAN
BERNARDINO MUNICIPAL CODE AND HELD IN TRUST; AND REPEALING
RESOLUTION 2008-116.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
joint
Mayor and Common Council of the City of San Bernardino at a regular meeting
thereof, held on the llthday of Augus t
, 2009, by the following vote to wit:
COUNCIL MEMBERS
AYES
NAYS
X
ABSTAIN ABSENT
ESTRADA
BAXTER
X
BRINKER
X
X
SHORETT
KELLEY
X
JOHNSON
X
MCCAMMACK
X
(Aw.kL!.J. ~"--
CITY CLERK
The foregoing resolution is hereby approved thisd (:!Y day of August
2009.
c;;:.~. .
r,.'\ ~ ~/>-J
" Patrick . Morris, Mayor ---
'.City-a San Bernardino
Approved as to Fonn:
By:
James F. Penman, City Attorney
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