Allen Parker, City Manager 300 North “D” Street San Bernardino, CA 92418-0001 (909) 384-5122
CITY OF SAN BERNARDINO CITY MANAGER’S OFFICE
TO: Mayor and Common Council FROM: Allen Parker, City Manager Gary Saenz, City Attorney SUBJECT: Recovery Plan in Support of Plan of Adjustment for Submittal to Bankruptcy Court DATE: May 12, 2015
Recommendations:
1.
 
Approve and adopt the Preliminary Strategic Plan Interim Report dated May 2015 and attached to the Recovery Plan in Support of the Plan of Adjustment as Attachment II and approve and adopt the Recovery Plan in Support of the Plan of Adjustment, in substantially the form attached. 2.
 
Adopt the attached Resolution approving the Recovery Plan in Support of the Plan of Adjustment and authorizing the City Attorney to file the Plan of Adjustment and Disclosure Statement, along with any supporting documents, as they may be amended, with the Bankruptcy Court.
Enclosed with this memo is the Recovery Plan in Support of the Plan of Adjustment. This along with the Plan of Adjustment and Disclosure Statement form the basis, or roadmap, for San Bernardino’s exit from bankruptcy and fiscal recovery. As you know the City has been given a deadline of May 30 to file the Plan of Adjustment with the Court, the foundation of which is the Recovery Plan. Before filing the Plan of Adjustment and Disclosure Statement, the Recovery Plan must be approved by the Mayor and Common Council. The Recovery Plan has been prepared by our bankruptcy team composed of City leadership, expert consultants and bankruptcy counsel. The Recovery Plan’s terms make clear that the City needs to streamline governance and operations and move into the mainstream of modern organization and service delivery for a city of our size. The City needs to undertake dozens of initiatives designed to reduce expenditures and generate revenues. For example we need to look at contracting solid waste, fire and other services. Other cities have saved money, while still delivering acceptable service levels, by adopting alternative service delivery approaches such as using regionalization and contracting to reduce costs, - and the City needs to follow this lead. Unfortunately even with improved operating results and new revenues the City will not be able to pay all of its obligations. Two large obligations which will be significantly impaired under the Recovery Plan would be the City’s pension obligation bonds and medical coverage for retirees. In both cases the City’s ability to satisfy these unsecured creditors is severely constrained. As the Recovery Plan makes clear, our first priority has to be the delivery of adequate municipal services. The pain will be shared among all stakeholders; employees, retirees, citizens (in the form of impaired service levels until the City can regain its footing) and capital market creditors. Only by
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undertaking the difficult process of refashioning the City into a modern municipal corporation can we be successful in creating a solvent future. The Resolution authorizes the implementation of the actions proposed in the Recovery Plan – and the filing of the Plan of Adjustment and Disclosure Statement in compliance with the Bankruptcy Court-mandated filing deadline of May 30
th
. The City cannot advocate for the Plan of Adjustment except pursuant to a court-approved disclosure statement. It is therefore important to recognize that the Recovery Plan, and any description of the Plan of Adjustment in the Recovery Plan, is NOT A SOLICITATION FOR A VOTE ON THE PLAN OR APROVAL OF THIS PLAN. Our team looks forward to working with the Common Council on the difficult and unavoidable issues that will be addressed in the Recovery Plan and the Plan of Adjustment.
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 Allen Parker, City Manager 300 North “D” Street San Bernardino, CA 92418-0001 (909) 384-5122
CITY OF SAN BERNARDINO CITY MANAGER’S OFFICE
TO: Mayor and Common Council FROM: Allen Parker, City Manager SUBJECT: Proposed Recovery Plan in Support of the Plan of Adjustment for Submittal to Bankruptcy Court DATE: May 18, 2015
Recommendation
Adopt this Recovery Plan for the City and the attached Resolution approving the bankruptcy Plan of Adjustment and disclosure statement and authorizing the City Attorney and City Manager to file  both with the court along with any amendments.
Executive Summary
This report describes the City’s bankruptcy Recovery Plan (Plan) as well as other information underlying the City’s approach and basis for the City’s Plan of Adjustment and disclosure statement. It explains the City’s overall fiscal planning which provides the foundation for the Plan of Adjustment, including the treatment of obligations in the Plan of Adjustment. This report also describes the past practices and history of the City prior to the adoption of the Operating Practices for Good Government (OPGG), an interim operating agreement signed by the Mayor, City Council, City Attorney and City Manager on April 6, 2015. The adoption of the OPGG is a significant step forward for the City. This was done based upon the recommendation of the Strategic Planning Core Team (Core Team), a group of distinguished community residents, asked by the Mayor and Common Council to help the City chart a plan for the future. The Core Team, along with municipal government experts hired by the City to assist in preparation of this  plan, believe that until fundamental government and management issues fully explained in this report are resolved, it will be difficult for the City to operate in a modern and efficient manner. The City will prepare a draft of a new Charter for consideration by the voters and this draft will be  presented to the voters on the first available date on which such vote can be held. Nothing in this Plan or the report is intended by the City to solicit support or campaign for or against this proposed initiative for Charter repeal, reform or amendment. The City takes no position advocating or campaigning as to whether such Charter repeal, reform or amendment initiative described in this report and the Plan should or should not be approved by the voters. This document is intended to
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