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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN Subject: Resolution authorizing the City of San
City Attorney Bernardino to Establish 2010-2011 Expenditures for the
Month of July 2010
Dept: CITY ATTORNEY
Date: June 28, 2010
Synopsis of Previous Council Action:
City Council have held budget hearings on June 15, 2010, June 16, 2010, June 23, 2010, and June
30,2010,and desire to continue 2009-2010 fiscal year expenditures for the City of San Bernardino
for the month of July, 2010 only, at one-twelfth the budgeted level for the 2009-2010 fiscal year,
pending final approval of the 2010-2011 budget.
Recommended motion:
Adopt the Resolution
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Contact person: John F.Wilson Phone: 5355
Supporting data attached: Staff Report Ward: City wide
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes: N9 770.cJ
Agenda Item No. C Z
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STAFF REPORT
Council Meeting Date: June 28.2010
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: June 28, 2010
AGENDAITEM:
Subject:
Resolution authorizing the City to make expenditures during July 2010.
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 had
been given by the Common Council, the City Manager or some department of City government
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§2.10.030(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 102(e),
130; SBMC §2.02.060(F)).
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Unless the authority to spend is extended by action of the City Council,the current spending
authority expires on date of expiration of the current budget. The current budget was adopted
pursuant to Resolution No.2009-175. The budget expires at the end of the 2009-2010 Fiscal Year.
The Fiscal Year terminates on June 30, 2010 (Charter Section 220).
If the Mayor and Common Council adopt a budget, that budget shall include the
appropriations limit required by California Constitution Article XIIIB (Cal. Government Code
section 37200 applied to the City per Charter Section 1, and SBMC section 2.10.030(n).
Financial Impact:
Current spending authority expires if not extended by action of the Mayor and Common Council.
Recommendation:
Adopt the resolution.
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1 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 2010-2011 EXPENDITURES FOR THE MONTH OF JULY, 2010 ONLY, AT
ONE-TWELFTH THE ACTUAL LEVELS CONTAINED IN THE ADOPTED BUDGET FOR
4 2009-2010 FISCAL YEAR, OR AS NEEDED TO PAY THE AUTHORIZED COSTS
INCURRED FOR THE MONTH OF JULY,2010 ONLY,PENDING FINAL APPROVAL OF
5 THE 2010-2011 BUDGET.
6
7 WHEREAS the Mayor and Common Council have held budget hearings on June 15,2010,
8 June 16, 2010, June 23, 2010, and June 30, 2010, and desire to continue 2009-2010 fiscal year
9 expenditures for the City of San Bernardino for the month of July, 2010 only, at one-twelfth the
10 budgeted level for the 2009-2010 fiscal year, pending final approval of the 2010-2011 budget,
therefore,
11
12 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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14 SECTION 1. The Mayor and Common Council hereby authorize the City of San Bernardino
15 to establish the 2010-2011 expenditures for the month of July, 2010, only, at one-twelfth the actual
16 levels contained in the Adopted Budget for the 2009-2010 fiscal year, or as needed to pay the
17 authorized costs incurred for the month of July,2010,only,pending final approval of the 2010-2011
budget.
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19 SECTION 2. This Resolution shall take effect upon the date of its adoption.
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FAWIISOMResolutions\Budget Continuing Resolution] 2010-2011 (2).wpd
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA,AUTHORIZING THE CITY OF SAN BERNARDINO TO
2 ESTABLISH 2010-2011 EXPENDITURES FOR THE MONTH OF JULY, 2010 ONLY,AT
ONE-TWELFTH THE ACTUAL LEVELS CONTAINED IN THE ADOPTED BUDGET FOR
3 2009-2010 FISCAL YEAR, OR AS NEEDED TO PAY THE AUTHORIZED COSTS
INCURRED FOR THE MONTH OF JULY,2010 ONLY,PENDING FINAL APPROVAL OF
4 THE 2010-2011 BUDGET.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a meeting thereof,
7 held on the day of , 2010, by the following vote, to wit:
8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
i 9 ESTRADA
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10 DESJARDIN
11 BRINKER
12 SHORETT
13 KELLEY
14 JOHNSON
15 MCCAMMACK
16
17 CITY CLERK
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19 The foregoing Resolution is hereby approved this day of 2010.
20
PATRICK J. MORRIS, Mayor
21 City of San Bernardino
22 Approved as to form:
23
JAMES F. PENMAN,
24 City Attorney
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26 By:
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FAWILSONMesolutions\Budget Continuing Resolution)2010-2011(2).wpd