HomeMy WebLinkAbout02.A- City Attorney RESOLUTION (ID#3316) DOC ID: 3316
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Budget
From: Jolena E. Grider M/CC Meeting Date: 06/23/2014
j 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 Authorizing the
Continuation of the Declaration of Fiscal Emergency in the City of San Bernardino through June
30, 2015. (#3316)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: «Inert Amount>> Account No. «Inert Account No.>>
Account Description: <<Insert Account Description
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount»
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Waive full reading; and adopt the Resolution.
Synopsis of Previous Council Action:
July 18, 2012, Mayor and Common Council directed the filing of a Petition under Chapter 9 of
the United States Bankruptcy Code following the adoption of a Declaration of a Fiscal
Emergency in the City of San Bernardino.
November 26, 2012, The Mayor and Common Council continued the Fiscal Emergency through
June 30, 2014.
Background:
For bankruptcy case purposes, it is necessary to continue the Fiscal Emergency through June 30,
2015.
City Attorney Review:
Supporting Documents:
reso 3316 (PDF)
Updated: 6/19/2014 by Linda Sutherland Packet Pg. 5
RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CONTINUATION OF THE
3 DECLARATION OF FISCAL EMERGENCY IN THE CITY OF SAN BERNARDINO
THROUGH JUNE 30, 2015.
4
5 WHEREAS, in meeting its commitments to the citizens of the City of San
6 Bernardino to maintain a safe and secure community while providing access to
7 cultural, recreational and governmental activities and institutions for all citizens, the
City has employed a workforce and has certain other necessary expenses; and
9 WHEREAS, on July 18, 2012, the Mayor and Common Council directed the
10 filing of a Petition under Chapter 9 of the United States Bankruptcy Code following
11 the adoption of a Declaration of a Fiscal Emergency in the City of San Bernardino in
12 response to findings that the financial state of the City is such that the health, safety,
13 and well-being of the residents of the City would be jeopardized absent Chapter 9
14 bankruptcy protection; and
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16 WHEREAS, on November 26, 2012, the Mayor and Common Council adopted
the Pendency Plan and continued the fiscal emergency through June 30, 2014 by
17
Resolution No. 2012-278, and
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19 WHEREAS, despite cost savings measures previously taken by the City, the
20 City's financial situation remains dire, and it does not have available cash to meet on-
21 going operating expenses (including deferred PERS obligations, deferred Pension
22 Obligation Bond obligations, and banked paid leave), and no revenue or other
23 funding sources are available to balance the City's budget and address prior years'
24 deficits; and
25 WHEREAS, since the filing of the Petition under Chapter 9 of the United
26 States Bankruptcy Code, the circumstances underlying the City's fiscal emergency
27 and reasons for filing the Petition have continued and are expected to continue
28 through at least June 30, 2015; mej, #2-,
r n 2A
�231 i`1
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
1 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 16. The continuation of the Declaration of Fiscal Emergency through
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June 30, 2015, as adopted by Resolution No. 2012-205 of the Mayor and Common
4 Council adopted on July 16, 2012 and continued by Resolution No. 2012-278 of the
5 Mayor and Common Council adopted on November 26, 2012, is hereby authorized.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE CONTINUATION OF THE
DECLARATION OF FISCAL EMERGENCY IN THE CITY OF SAN BERNARDINO
3 THROUGH JUNE 30, 2015.
4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a meeting
6 thereof, held on the day of , 2014, by the following vote, to wit-
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Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ
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10 BARRIOS
11 VALDIVIA
12 SHORETT
13 NICKEL
14 JOHNSON
15 MULVIHILL
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17 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of , 2014.
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R. Carey Davis, Mayor
21 City of San Bernardino
22 Approved as to form:
23 Gary D. Saenz, City Attorney
24 By.
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