HomeMy WebLinkAbout07.C- City Attorney RESOLUTION (ID #2371) DOC ID: 2371
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
In Support/Opposition
From: James F. Penman M/CC Meeting Date: 04/15/2013
Prepared by: Jolena E. Grider, (909) 384-
5355
Dept: City Attorney Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Conferring the
Powers of the Director of Finance on David Cain, Managing Principal of Urban Futures, Inc.
(#2371)
Current Business Registration Certificate: Yes
Financial Impact:
None.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
Resolution 2013-61 was adopted on April 1, 2013 authorizing the execution of an agreement
with Urban Futures, Inc. for Finance Department Services.
Background:
On April 1, 2013, the Mayor and Common Council authorized the execution of an
agreement with Urban Futures, Inc. to provide Finance Department Services. As part of this
agreement, David Cain, Managing Principal of Urban Futures, Inc. will be assuming the role of
Finance Director. Although the Municipal Code proscribes the powers and duties of the Director
of Finance, Mr. Cain is not officially appointed with the title. In order to perform the duties
under the contract,the City needs to confer the authority given under San Bernardino Municipal
Code Chapter 2.10 on Mr. Cain.
City Attorney Review:
Supporting Documents:
reso 2371 (PDF)
SBMC Chapter 2.10- (Exhibit A) (PDF)
Updated:4/10/2013 by Jolena E.Grider Packet P9. 189
RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO CONFERRING THE POWERS OF DIRECTOR OF
4 FINANCE ON DAVID CAIN,MANAGING PRINCIPAL OF URBAN FUTURES,INC.
5 WHEREAS, the Mayor and Common Council approved Resolution No. 2013-61 on
6 April 1, 2013, authorizing the execution of an agreement with Urban Futures, Inc. for Finance
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Department services; and c
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9 WHEREAS, San Bernardino Municipal Code Chapter 2.10 proscribes the duties of :2
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1c) Director of Finance; and o
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11 WHEREAS, David Cain, Managing Principal of Urban Futures, Inc. has been assigned 'o
12 Q to act as Director of Finance under the Agreement with Urban Futures, Inc.; and
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WHEREAS, Roger Gali, Principal of Urban Futures, Inc. has been assigned to act as L_
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15 Budget Officer under the Agreement with Urban Futures,Inc.; and o
16 WHEREAS, David Cain and Roger Gali will need the powers of Director of Finance in `.
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order to perform under the Agreement with Urban Futures,Inc.
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19 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
20 CITY OF SAN BERNARDINO AS FOLLOWS: `.
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SECTION 1. That the powers of Director of Finance as enumerated in San Bernardino w
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23 Municipal Code Chapter 2.10, attached hereto as Exhibit "A" and incorporated herein, be
24 conferred on David Cain, Managing Principal of Urban Futures, Inc. who will be assigned to
25 act as the Director of Finance pursuant to the Agreement approved with Urban Futures,Inc.
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1 SECTION 2. That in David Cain's absence from the City, Roger Gali, Principal of
2 Urban Futures, Inc. who will be assigned as the Budget Officer pursuant to the Agreement
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approved with Urban Futures, Inc. shall have the powers of the Director of Finance.
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Packet 1'g.191
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO CONFERRING THE POWERS OF DIRECTOR OF
2 FINANCE ON DAVID CAIN, MANAGING PRINCIPAL OF URBAN FUTURES, INC.
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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
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the day of , 2013, by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ :2
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10 JENKINS o
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11 VALDIVIA o
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SHORETT a
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KELLEY
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15 JOHNSON
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16 MCCAMMACK ``
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18 Georgeann Hanna, City Clerk M
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19 The foregoing Resolution is hereby approved this day of ,2013.
20 a:
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Patrick J. Morris, Mayor
22 City of San Bernardino a
23 Approved as to
form:
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Penman
27 Ci Attorney
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persons. Regularly, at least once each month, the City Treasurer shall submit to
the City Clerk a written report and accounting of all receipts, disbursements and
cash balances. He shall file a copy with the legislative body and the Director of
Finance. (Ord. 3472§4, 1975.)
2.08.050 Investment authority.
The Treasurer may invest the money under his supervision and control in
such institutions and upon such terms as the laws of the state may permit, subject M
to such rules and regulations as the Mayor and Common Council may prescribe. L)
(Ord.3472 §5, 1975.)
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Chapter 2.10 ,�
DEPARTMENT OF FINANCEZ L
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Sections: a
2.10.010 Created. a
2.10.020 Position established - Bond.
2.10.030 Powers and duties.
2.10.040 Divisions of department.
2.10.010 Created. c
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A Department of Finance is created. (Ord. 2855§1,1967.) M
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2.10.020 Position established - Bond.
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A. The position of Director of Finance of the City is established. This position
shall be in the unclassified service of the Civil Service. x
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B. He shall be appointed by the City Manager with the a pproval of the Common °
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Council.
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C. The Director of Finance shall execute and deposit a fidelity bond in the
amount of ten thousand dollars prior to taking office. (Ord. 2855 §2, 1967.)
(Ord. 3426, 1974; Ord. 2855§3, 1967.)
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2.10,030 Powers and duties. Cn
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The Director of Finance, under the supervision and direction of the City
Manager, shall have charge of the administration of the financial affairs of the City,
but not the Municipal Water Department. The Director of Finance shall have the
2 For statutory provisions authorizing the establishment of the office of Director of
Finance and the transfer of the City Clerk's duties to such office, see Gov. Code §§37209 and
40805.5.
[Rev.January 7,2009] 2-11
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following powers and duties:
A. He shall supervise all disbursements and expenditures to assure that
payment has been legally authorized and appropriated, and that sufficient
unencumbered appropriations exist for the payment of all claims and
expenditures.
B. He shall develop,supervise and maintain the general accounting system for
the City government.
C. He shall procure materials, supplies and general services for the City and
establish appropriate standards and specifications with respect to the o
purchase of supplies, materials and equipment. ,o
D. He sha.11 regularly, at least quarterly, and at the end of each fiscal year, o
prepare and submit to the City Manager, and the Mayor and Common 5
Council, a statement and report indicating the financial condition of the City, a
including, but not limited to, receipts, disbursements, appropriations and S
reserves.
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E. He shall establish, supervise, and maintain a system of data processing for
the handling of accounting information and other reports and tabulations
required by the City. _
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F. He shall maintain and operate central duplicating, printing, and mail service
serving City departments.
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G. He shall compile the preliminary budget data,including capital and operating
expenditure projections, and revenue projections for the City Manager.
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H. He shall prepare and maintain current inventory of all materials, supplies c
and equipment of the City. r
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1. He, or his designated representative, shall audit all purchase orders before c.
they become effective, and audit and approve, before payment, all bills,
invoices, payrolls, demands or charges against the City government, and
determine the regularity, correctness, and, with the advice of the City m
Attorney, the legality of such claims, demands and charges; and he, or his CO
designated representative, shall attach to the register of audited demands
before submission to the Mayor and Common Council his affidavit certifying E
as to the accuracy of the demands and the availability of funds for payment
thereof pursuant to Government Code Section 37202; and he, or his 2
designated representative, in lieu of the City Clerk, shall certify or approve a
demands as conforming to a budget approved by resolution pursuant to
Government Code Section 37208, provided that the provisions of Section
37208 shall in other particulars be applicable to the City.
J. He shall prescribe the forms of receipts,vouchers,bills,or claims to be used
[Rev. January 7,20091 2-12
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7.C.b
by all the agencies of the City.
K. He shall supervise the work of preparing the City payroll and maintaining
records of all payroll data; and he shall supervise the work for the State
Employees' Retirement System in accordance with the law and
administrative directors of the Retirement System.
L. He shall perform such other duties as may be imposed by ordinance or
resolution of the Mayor and Common Council,or as the City Manager may
direct. U
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2.10.040 Divisions of department, o
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A. The Department of Finance shall be under the supervision of the Director of
Finance and shall consist of the following divisions: o
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1. Purchasing division; a
2. Accounting division; o
3. Payroll division;
4. Such other divisions as may be authorized by the Mayor and the o
Common Council. d
B. The heads of each of these divisions shall be in the unclassified civil service. LL
(Ord.MC-1226,6-05-06;Ord.MC-1220,3-20-06;Ord.MC-1220,3-20-06;(Ord.3285, 1972;
Ord. 2855§4, 1967.)
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Chapter 2.12 Q
FIRE DEPARTMENTS
Sections: x
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2.12.010 Appointment of Fire Chief. ,
2.12.020 Duties of Fire Chief. °
2.12.030 Authority of Fire Chief to enforce Code L'
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provisions. a
2.12.040 Preservation of order at fires.
2.12.050 Liability of City. U
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2.12.010 Appointment of Fire Chief. N
The Mayor shall appoint,subject to the confirmation of the Common Council, E
a Fire Chief. The position requires exceptional qualifications of a scientific,
managerial, professional and educational character.
(Ord. MC-460, 5-13-85; Ord. 1713 (part), 1944; Ord.347§2, 1907. } Q
3 For charter provisions on the City fire department, see Charter Art.X; for statutory
provisions on City fire departments, see Gov. Code §38611.
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