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PAUL R. GLASSMAN (State Bar No. 76536) LAURA L. BUCHANAN (State Bar No. 156261) KATHLEEN D. DeVANEY (Sate Bar No. 156444) STRADLING YOCCA CARLSON & RAUTH A Professional Corporation 100 Wilshire Blvd., Suite 440 Santa Monica, CA 90401 Telephone: (424) 214-7000 Facsimile: (424) 214-7010 E-mail: pglassman@sycr.com lbuchanan@sycr.com kdevaney@sycr.com Attorneys for Debtor City of San Bernardino UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA RIVERSIDE DIVISION In re CITY OF SAN BERNARDINO, CALIFORNIA, Debtor. Case No. 6:12-bk-28006 MJ Chapter 9 MOTION FOR ENTRY OF AN ORDER (1) DIRECTING AND APPROVING FORM OF NOTICE; AND (2) SETTING DEADLINE FOR FILING OBJECTIONS TO PETITION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF Date: Time: Dept: TBD TBD 301

MOTION FOR ENTRY OF AN ORDER

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The City of San Bernardino, California (the City) hereby moves for entry of an order: (1) approving the proposed form of notice of commencement of this case (the Notice) pursuant to section 923 of the United States Bankruptcy Code (the Code); and (2) setting a deadline for filing any objections to the petition initiating this chapter 9 case pursuant to Code section 921 (the Motion). A copy of the proposed Notice is attached hereto as Exhibit A. The Court has jurisdiction pursuant to 28 U.S.C. 1334 and 157(b) and 11 U.S.C. 921(b). This is a core proceeding pursuant to 28 U.S.C. 157(b)(2). Venue in the Central District of California is appropriate pursuant to 28 U.S.C. 1408 and 1409. This Motion is made pursuant to Code sections 921 and 923 and Rules 9007 and 9008 of the Federal Rules of Bankruptcy Procedure and is based on the Motion, the memorandum of points authorities, the record in this case, and the arguments, evidence, and statements that may be presented at or prior to the hearing on this Motion. Any opposition or objection to the Motion must be made by the deadline set forth in the Order Granting Application and Setting Hearing on Shortened Notice. The City will cause a copy of this Motion to be given by notification of electronic filing on August 9, 2012, or an overnight delivery service on August 10, 2012, to: (a) the Office of the United States Trustee for the Central District of California; (b) parties that filed requests for notice or courtesy notification of electronic filing, (c) the parties listed on the List of Creditors Holding 20 Largest Unsecured Claims, which is being filed concurrently, and (d) certain parties in interest that are identified on a supplemental proof of service that will be filed in support of this Motion on August 10, 2012. The City submits that, under the circumstances, consistent with the Bankruptcy Code and Federal Rules of Bankruptcy Procedure, no other or further notice is required, except notice of the hearing date on this Motion that the Court may direct. WHEREFORE, the City respectfully requests that the Court enter an order: (i) approving the proposed form of Notice; (ii) setting the requested deadline for the filing of any objections to /// /// /// -1MOTION FOR ENTRY OF AN ORDER

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the Petition; and (iii) granting such other and further relief as the Court may deem just and proper.

Dated: August 9, 2012

STRADLING YOCCA CARLSON & RAUTH A Professional Corporation By: /s/ Paul R. Glassman Paul R. Glassman Attorneys for City of San Bernardino, Debtor

-2MOTION FOR AN ORDER

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The City of San Bernardino (the City) sought relief under Chapter 9 of the Bankruptcy Code by filing its voluntary petition (the Petition) on August 1, 2012 (the Petition Date) on an emergency basis because it faced an immediate and dire liquidity crisis and was on the brink of a fiscal collapse. The magnitude and causes of the Citys financial problems are briefly summarized below to provide the Court with a general overview of factors leading to the filing of the Petition. I. General Background. The emergent nature of the Citys cash flow crisis and dire financial condition became apparent in late June of 2012 after the Citys Finance Department completed its report entitled San Bernardino Budgetary Analysis and Recommendations for Budget Stabilization (the Budget Report). The Budget Report concluded, inter alia, that: (1) the City faced a budget deficit estimated to be over $45.8 million in its current fiscal year which began on July 1, 2012; (2) the City had depleted all its General Fund reserves to cover substantial budget deficits in the last four consecutive fiscal years; (3) immediate and substantial action had to be taken to reduce spending and preserve cash for the City to continue providing essential services to its residents; (4) an audit of the Citys General Fund revealed that the balances at the start of the 2010-11 and 2011-12 fiscal years had been erroneously reported by City staff and actually totaled over $4.5 million less than reported, and the beginning General Fund balance for the current fiscal year was estimated to be a negative balance of millions of dollars; and (5) the City did not have sufficient unrestricted cash available to pay its financial obligations as and when those obligations are due or to become due and owing. Simply put, the City was and is insolvent. The Citys General Fund revenues have declined significantly since a peak of $133 million in 2008. The Budget Report determined the causes of these declines include the Great Recession, the housing market collapse in Californias Inland Empire, the loss of redevelopment funds, and declines in revenue to the General Fund from sales tax, property tax, franchise fees, utility users tax, and licenses and permits. The Budget Report also noted that despite the Citys efforts to reduce costs by eliminating approximately 20% of its workforce and negotiating compensation concessions of approximately $10 million annually from certain groups of City -3MOTION FOR AN ORDER

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employees, the Citys operational costs have remained flat or increased and continue to exceed revenues. Indeed, the Budget Report concluded that even if further cuts were made to reduce the services the City provides to its residents, such cuts would not be enough to solve the Citys financial challenges and structural budget imbalances. In order to preserve enough cash to meet its August 1 payroll obligations and provide essential services through the end of September, the City approved a Fiscal Emergency Operating Plan and was forced to defer payments totaling over $6 million for: (1) debt and lease payments due in the first quarter of this fiscal year, including a payment for pension bonds and infrastructure bank loans, (2) a contribution for retiree health benefits, and (3) an annual debt payment for an operating system. The City also continued certain employee compensation concessions and took other cost cutting measures. Further, after recent widespread media coverage of the Citys dire fiscal condition, the Citys financial condition and resources deteriorated further and the City faced more threats and instability resulting from certain actions by creditors. The City continues to be plagued by serious cash flow problems which, absent the protections of Chapter 9, will only grow significantly worse and result in a shut down of the City. The City had no choice but to declare a fiscal emergency, and seek bankruptcy protection under Chapter 9 as a last resort. After filing the Petition on an emergency basis, the City can now focus and devote substantial resources and efforts to the challenging tasks of restoring financial order to the City and developing a pendency plan for this Chapter 9 case. II. ARGUMENT A. The Proposed Form of Notice Satisfies The Requirements of Code 923.

Bankruptcy Code 923 requires that [t]here shall be given notice of the commencement of a case under this chapter and notice of an order for relief under this chapter. 11 U.S.C. 923. Code 923 further requires that such notice shall also be published at least once a week for three successive weeks in at least one newspaper of general circulation published within the district in which the case is commenced, and in such other newspaper having a general circulation among bond dealers and bondholders as the court designates. Id. -4MOTION FOR AN ORDER

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The City submits that the Notice (Exhibit A hereto) satisfies the requirements of 923. The Notice includes notice of the automatic stay and the deadline for objections to the Citys eligibility to be a debtor, and provides that if no objection to the petition is filed by a specified time and date, then the Notice will constitute notice of the entry of an order for relief. The Notice also lists the persons that must be served with any objection, and refers to the Special Notice List, which will be filed in this case in the near future and will contain contact information for such persons. The Notice contemplates publication in The Sun and in The Bond Buyer. The Sun is a newspaper of general circulation, and is published in San Bernardino and Inland Empire area within the Central District of California. The Sun is particularly appropriate for providing notice of the case to constituents and stakeholders of the City because it has historically reported news regarding the City and published numerous articles on events leading to and the filing of this chapter 9 case. The City further submits that The Bond Buyer is a publication of general circulation among municipal bond dealers and bondholders. The Bond Buyer also has reported news regarding the City. The City believes that publication of the Notice in such newspapers constitutes good and sufficient notice that is consistent with the requirement of section 923. The City understands that the Clerk of the Court or a duly appointed noticing agent will mail the Notice to the United States Trustee and the creditors listed on the List of Creditors filed pursuant to Code 924 to be filed in this chapter 9 case. The City intends to begin publishing the Notice in The Sun and The Bond Buyer once per week for three consecutive weeks immediately after obtaining this Courts approval of the form of Notice. B. It is Reasonable and Appropriate to Order that Objections to the Citys Petition be Filed on or Before September 21, 2012. Code section 921(d) requires the entry of an order for relief unless the petition is dismissed under section 921(c), which authorizes the dismissal of a petition if, after an objection to the petition is filed, the court determines that the petition was not filed in good faith or that the petition does not meet the requirements of Title 11 of the United States Code. 11 U.S.C. 921(c) -5MOTION FOR AN ORDER

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and (d). However, while section 921(c) contemplates the possibility of objections to a chapter 9 petition, it does not set a deadline for filing such objections. Although the City filed its chapter 9 petition on an emergency basis, the City intends to file its Statement of Qualifications under Bankruptcy Code Section 109(c) and memorandum and declarations in support of its eligibility to be a debtor under chapter 9 prior to or shortly after the hearing on this Motion. The declarations will be supported by numerous exhibits, many of which are and have been accessible to the general public, creditors and parties in interest on the Citys websites homepage via prominently placed links to information on the budget for the current 2012-13 fiscal year . A deadline must be set because parties should not be afforded an unlimited period of time to object. To expedite the entry of an order for relief in this case and remove any uncertainty created by the absence of express timing provisions in section 921(d), the City believes that it is fair and reasonable to set September 21, 2012 as the deadline for filing any objections to the petition (the Objection Deadline). The Objection Deadline is approximately seven days after the estimated date of the publication of the third and final notice in the The Sun and the Bond Buyer. The City notes that such date will be just over seven weeks after the Petition Date and approximately over four weeks after the City estimates it will file its brief and evidence in support of its eligibility as a Chapter 9 debtor. III. CONCLUSION For these reasons, the City requests that the Court enter an order approving the form of notice attached as Exhibit A; (ii) approving the manner of publication in The Sun and The Bond Buyer as set forth in the Notice; (iii) directing the Clerk of the Court or a duly appointed noticing agent to mail the Notice to all creditors listed on the Citys List of Creditors filed pursuant to Code 924 to be filed in this case and in accordance with Bankruptcy Rule 1007(e); (iv) establishing September 21, 2012, as the deadline for the filing of objections to the Citys /// /// /// /// -6MOTION FOR AN ORDER

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chapter 9 petition; and (v) granting such other and further relief as the Court deems just and proper. Dated: August 9, 2012 STRADLING YOCCA CARLSON & RAUTH A Professional Corporation By: /s/ Paul R. Glassman Paul R. Glassman Attorneys for City of San Bernardino, Debtor

-7MOTION FOR AN ORDER

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Exhibit A

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PAUL R. GLASSMAN (State Bar No. 76536) LAURA L. BUCHANAN (State Bar No. 156261) KATHLEEN D. DeVANEY (Sate Bar No. 156444) STRADLING YOCCA CARLSON & RAUTH A Professional Corporation 100 Wilshire Blvd., Suite 440 Santa Monica, CA 90401 Telephone: (424) 214-7000 Facsimile: (424) 214-7010 E-mail: pglassman@sycr.com lbuchanan@sycr.com kdevaney@sycr.com Attorneys for Debtor City of San Bernardino UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA RIVERSIDE DIVISION In re CITY OF SAN BERNARDINO, CALIFORNIA, Debtor. Case No. 6:12-bk-28006 MJ Chapter 9 NOTICE OF COMMENCEMENT OF CHAPTER 9 CASE

NOTICE OF COMMENCEMENT OF CHAPTER 9 CASE

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TO ALL CREDITORS OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AND TO PARTIES IN INTEREST. PLEASE TAKE NOTICE THAT: COMMENCEMENT OF CHAPTER 9 CASE. On August 1, 2012, the City of San Bernardino, California (the City) commenced a case under chapter 9 of title 11 of the United States Code (the Bankruptcy Code) in the United States Bankruptcy Court for the Central District of California, Riverside Division (the Court). The chapter 9 case is pending before the Honorable Meredith A. Jury, United States Bankruptcy Judge. All documents filed with the Court are available for inspection via the PACER system, which may be accessed on a subscription basis at the following internet address: www.cacb.uscourts.gov. In addition, the City is in the process of adding a link to its website, www.sbcity.org that will contain, among other things, key pleadings filed in this bankruptcy case. AUTOMATIC STAY. Pursuant to sections 362 and 922 of the Bankruptcy Code, 11 U.S.C. 362 and 922, the filing of the Citys chapter 9 petition operates as an automatic stay of actions against the City, including, among other things, the enforcement of any judgment, any act to obtain property from the City, any act to create, perfect, or enforce any lien against property of the City, any act to collect, assess or recover a claim against the City, and the commencement or continuation of any judicial, administrative, or any other action or proceeding against the City or against an officer or inhabitant of the City that seeks to enforce a claim against the City. PURPOSE OF THE CHAPTER 9 FILING. Chapter 9 of the Bankruptcy Code provides a means for a municipality that has encountered financial difficulty to work with its creditors to adjust its debts. The primary purpose of chapter 9 is to allow the municipality to continue its operations and its provision of services while it adjusts or restructures creditor obligations. In a chapter 9 case, the jurisdiction and powers of the bankruptcy court are limited such that the court may not interfere with any of the political or governmental powers of the City, or the Citys use or enjoyment of any income-producing property. The City intends to propose a plan for the adjustment of its debts. Future notice concerning any such plan will be provided to all known creditors. During the bankruptcy case, the City will remain in possession and control of its property, and will maintain its operations for the benefit of the public. -1NOTICE OF COMMENCEMENT OF CHAPTER 9 CASE

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DEADLINE FOR OBJECTIONS TO PETITION AND ENTRY OF AN ORDER FOR RELIEF. Objections to the chapter 9 petition may be filed by a creditor or party in interest by no later than 5:00 p.m. Pacific time on September 21, 2012. If you are an authorized user of the Courts CM/ECF system, any such objection shall be filed via the Courts CM/ECF system. If you are not an authorized user of the Courts CM/ECF system, a written objection must be sent by means calculated to reach the Court no later than 5:00 p.m. on September 21, 2012 at the following address: The Clerk of the United States Bankruptcy Court for the Central District of California, Riverside Division, 3420 Twelfth Street, Riverside, California 923013819. Any objection shall state the facts and legal authorities relied upon in support thereof, and shall be served on or before the same date on the following parties (collectively, the Special Notice Parties): (1) the United States Trustee; (2) the City; (3) the City Attorney; (4) the Citys chapter 9 counsel; (5) the creditors holding the 20 largest unsecured claims against the City; and (6) any other party who has filed a request for special notice with the Court. The contact information for such persons may be found on the Special Notice List that the City will file with the Court prior to the publication of this Notice. HEARING ON OBJECTIONS. If no objection is timely filed, the filing of the petition shall be deemed an order for relief under chapter 9 of the Bankruptcy Code, and this notice shall be deemed notice of such order for relief. If a timely objection is filed and served, the Court has set a status conference for October 3, 2012 at 10:00 a.m. Pacific time at the United States Bankruptcy Court for the Central District of California, Riverside Division, 3420 Twelfth Street, Courtroom 301, Riverside, California 92301-3819. At such time, the Court will consider setting other dates. FAILURE TO FILE A TIMELY WRITTEN OPPOSITION WILL RESULT IN THE ORDER FOR RELIEF BEING ENTERED. Dated: August 9, 2012 STRADLING YOCCA CARLSON & RAUTH A Professional Corporation

By: /s/ Paul R. Glassman Paul R. Glassman Attorneys for City of San Bernardino, Debtor -2NOTICE OF COMMENCEMENT OF CHAPTER 9 CASE

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PROOF OF SERVICE OF DOCUMENT

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I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is: 100 Wilshire Blvd., Suite 440, Santa Monica, CA 90401. A true and correct copy of the foregoing document entitled: MOTION FOR ENTRY OF AN ORDER (1) DIRECTING AND APPROVING FORM OF NOTICE; AND (2) SETTING DEADLINE FOR FILING OBJECTIONS TO PETITION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated below: 1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On August 9, 2012, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below: Jerrold Abeles abeles.jerry@arentfox.com Joseph M Adams jadams@lawjma.com Andrew K Alper aalper@frandzel.com, efiling@frandzel.com;ekidder@frandzel.com Thomas V Askounis taskounis@askounisdarcy.com Anthony Bisconti tbisconti@bmkattorneys.com J Scott Bovitz bovitz@bovitz-spitzer.com Jeffrey W Broker jbroker@brokerlaw.biz Deana M Brown dbrown@milbank.com Michael J Bujold Michael.J.Bujold@usdoj.gov Alex Darcy adarcy@askounisdarcy.com Susan S Davis sdavis@coxcastle.com Paul R. Glassman pglassman@sycr.com Everett L Green everett.l.green@usdoj.gov James A Hayes jhayes@cwlawyers.com M Jonathan Hayes jhayes@hayesbklaw.com, roksana@hayesbklaw.com;carolyn@hayesbklaw.com;elizabeth@hayesbklaw.com Bonnie M Holcomb bonnie.holcomb@doj.ca.gov Whitman L Holt wholt@ktbslaw.com Steven J Katzman SKatzman@bmkattorneys.com Gregory A Martin gmartin@winston.com Scott H Olson solson@seyfarth.com Dean G Rallis drallis@sulmeyerlaw.com Kenneth N Russak krussak@frandzel.com, efiling@frandzel.com;dmoore@frandzel.com Gregory M Salvato gsalvato@salvatolawoffices.com, calendar@salvatolawoffices.com Benjamin Seigel bseigel@buchalter.com, IFS_filing@buchalter.com United States Trustee (RS) ustpregion16.rs.ecf@usdoj.gov Anne A Uyeda auyeda@bmkattorneys.com Annie Verdries verdries@lbbslaw.com Brian D Wesley brian.wesley@doj.ca.gov Service information continued on attached page 2. SERVED BY UNITED STATES MAIL: On ____________, I served the following persons and/or entities at the last known addresses in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed. Service information continued on attached page

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. June 2012

3.1.PROOF.SERVICEProof of Service/v/-

F 9013-

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3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on August 9, 2012, I served the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is filed. Honorable Meredith A. Jury (Personal Delivery) U.S. Bankruptcy Court 3420 Twelfth Street, Suite 325 Riverside, CA 92501-3819 Service information continued on attached page I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

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August 9, 2012
Date

Christine Pesis
Printed Name

/s/ Christine Pesis

Signature

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. June 2012

3.1.PROOF.SERVICEProof of Service/v/-

F 9013-