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HomeMy WebLinkAbout07 RESOLUTION AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE PROPOSED REFUNDINGDocusign Envelope ID: 783D7024-27D3-4446-8EF6-DAE31 E21 DA51 MEETING DATE TO: FROM: SUBJECT: SUMMARY: Agenda Item AGENDA REPORT Reviewed: City Manager Finance Director APRIL 1, 2025 ALDO E. SCHINDLER, CITY MANAGER JENNIFER KING, FINANCE DIRECTOR/CITY TREASURER ass RESOLUTION AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE PROPOSED REFUNDING OF THE OUTSTANDING CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TUSTIN LEGACY/STANDARD PACIFIC) SPECIAL TAX BONDS, SERIES 2015A; CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) SPECIAL TAX REFUNDING BONDS, SERIES 2015A; AND CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) SPECIAL TAX BONDS, SERIES 2015B, CONFIRMING THE APPOINTMENT OF PROFESSIONAL SERVICES AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH Staff is seeking City Council approval to authorize the initiation of proceedings to issue bonds (the "2025 Refunding Bonds") to refund the outstanding City of Tustin Community Facilities District No. 2014-1 (Tustin Legacy/Standard Pacific) Special Tax Bonds, Series 2015A; City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) Special Tax Refunding Bonds, Series 2015A; and City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Village) Special Tax Bonds, Series 2015B (collectively, the "2015 CFD Bonds"), to take advantage of lower interest rates to reduce the annual debt service payments and lower property owners' special tax payments starting in Fiscal Year 2025-2026. RECOMMENDATION: It is recommended that: THE CITY COUNCIL ADOPT CITY COUNCIL RESOLUTION 25-17 ENTITLED: RESOLUTION AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE PROPOSED REFUNDING OF THE OUTSTANDING CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TUSTIN LEGACY/STANDARD PACIFIC) SPECIAL TAX BONDS, SERIES 2015A; CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS Docusign Envelope ID: 783D7024-27D3-4446-8EF6-DAE31 E21 DA51 City Council Agenda Report Authorization to Initiate Proceedings to Refund CFD Bonds April 1, 2025 Page 2 VILLAGES) SPECIAL TAX REFUNDING BONDS, SERIES 2015A; AND CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) SPECIAL TAX BONDS, SERIES 2015B, CONFIRMING THE APPOINTMENT OF PROFESSIONAL SERVICES AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH FISCAL IMPACT: The issuance of the 2025 Refunding Bonds to refinance the 2015 CFD Bonds will have no financial impact on the City, as all payments of principal and interest on the Bonds will be paid solely from special tax assessments levied and collected from properties located in the affected community facilities districts. The debt service savings generated by the refinancing will benefit the districts' property owners. It is estimated that the refinancing of the 2015 CFD Bonds will reduce annual debt service payments by approximately $575,000 per year, totaling over $5.1 million in net present value saving over the remaining term of the Bonds based on market conditions as of March 14, 2025. The recommendation correlates to the strategic plan by implementing Goal E. Organizational Excellence and Customer Services. Specifically, the City continues to fulfill its obligations as the Community Facilities District's administrator by proactively identifying opportunities to generate measurable long-term savings for property owners. BACKGROUND AND DISCUSSION: History of Community Facilities Districts No. 06-1 and 2014-1 On July 17, 2006, the City Council, pursuant to the Mello -Roos Community Facilities Act of 1982, adopted Resolution No. 06-89 to form the Community Facilities District (CFD) No. 06-1 (Tustin Legacy/ Columbus Villages) and to authorize the levy of special taxes within the CFD to finance certain public facilities and services. In August 2007, the City Council adopted Resolution No. 07-62 authorizing the issuance of Series 2007 CFD bonds to finance the district's public facilities. In October 2010, the City Council approved additional CFD bonds to finance the remaining public facilities within the district. In November 2015, the City Council approved the issuance of CFD No. 06-1 Special Tax Series 2015A bonds to refinance the 2007 and 2010 bond issues. Additionally, Council also approved the issuance of CFD No. 06-1 Special Tax Series 2015B bonds to finance roadway improvements within the district. On June 17, 2014, the City Council adopted Resolution No. 14-40 to form the Community Facilities District (CFD) No. 2014-1 (Tustin Legacy/Standard Pacific), authorize the levy of special taxes, and issue Series 2015A bonds to finance authorized facilities for the Standard Pacific project. Docusign Envelope ID: 783D7024-27D3-4446-8EF6-DAE31 E21 DA51 City Council Agenda Report Authorization to Initiate Proceedings to Refund CFD Bonds April 1, 2025 Page 3 The CFD bonds are not the obligations of the City. They are the liabilities of the property owners within the affected CFD and secured by liens against the assessed property. The City serves as the CFD administrator and is responsible for on -going reporting and other administrative matters, including acting as an agent for the collection of principal and interest by the property owners via annual property tax assessments, and remittance of such monies to the bondholders. As CFD administrator, the City has fiduciary responsibility for the best interest of the district's property owners. 2025 CFD Bond Refunding The City, working with its Municipal Advisor, Fieldman, Rolapp & Associates, Inc., has determined that, due to prevailing financial market conditions, it is in the best interests of the property owners currently to refinance the 2015 CFD Bonds. Information on the existing bond issues and their outstanding balances are listed on the table below. 06-1 Series 2015A 06-1 Series 2015B 2014-1 Series 2015A Issued Amount $49.74 million $2.74 million $27.67 million Outstanding at 3/4/2025 $39.4 million $1.8 million $25.5 million Final Maturity Year 2039 2037 2045 Special Tax Assessments are levied and collected from CFD property owners annually to support CFD bond debt service payments. During a CFD bond refunding process, proceeds from the new bonds will be used to pay down the outstanding balance of the old bonds and to fund certain costs associated with new debt issuance. The newly issued bonds will have reduced debt service payments, and therefore require less annual payments from affected district property owners over the remaining bond years. Refundina Process and Next Ste It is anticipated that the refunding will take approximately three months to complete. The key milestones to complete the refunding are identified below: 1. Public Meeting - City Council approves the initiation of proceedings to refinance the outstanding 2015 CFD Bonds and approve the engagement of the following professionals (Tonight's Action): o Stradling, Yocca, Carlson & Rauth LLP, bond/disclosure counsel; o Fieldman, Rolapp & Associates, Inc., municipal advisor; o Webb & Associates, special tax consultant; and o Stifel, Nicolaus & Company, underwriter. 2. Secure underlying credit rating from Standard & Poor's (April 2025) 3. Public Hearing - City Council approval of the Preliminary Official Statement, remaining financing documents, and legal documents (May 2025) 4. Negotiated sale of Bonds (May 2025) 5. 2025 Refunding Bonds closing (June 2025) Docusign Envelope ID: 783D7024-27D3-4446-8EF6-DAE31 E21 DA51 City Council Agenda Report Authorization to Initiate Proceedings to Refund CFD Bonds April 1, 2025 Page 4 6. New special tax assessments submitted to the County of Orange for fiscal year 2025-2026 property tax roll (August 2025) 7. 2015 CFD Bonds called (September 2025) Resolution No. 25-17 presented for approval tonight is step 1 of this process. It authorizes the initiation of refunding proceedings and approves the engagement of professional consultants to assist staff during this process. If approved tonight, staff plans to bring back the draft financing documents for the City Council's consideration and approval in May 2025. The proposed refunding transaction will not extend the final maturity year of each bond issue. As stated in the previous section, the proposed refinancing transaction will generate savings for CFD's property owners. The current estimated savings for a property range from $350 to $750 annually, which are subject to change depending on market conditions at the time of finalizing the transaction. If approved, new special tax assessments will be reflected on the fiscal year 2025-2026 property tax bills. Public Outreach The public communication strategy includes the following notices to all affected property owners: 1. April 2025: A letter to notify property owners of the upcoming refunding process, if approved by the City Council tonight. 2. May 2025: A letter to notify property owners of the public hearing at which the Council will consider the refunding transaction. 3. July 2025 or August 2025: If the refunding is approved, a letter to notify property owners of the specific savings that will be applicable to their 2025-2026 property tax assessment because of the refunding transaction. 4. A dedicated email address will be set up to respond to property owner inquiries and included in all notifications. Signed by- 9 6" 4D86AFAFFF77473— Jennifer King Finance Director/City Treasurer Attachment: Resolution No. 25-17 Docusign Envelope ID: 783D7024-27D3-4446-8EF6-DAE31 E21 DA51 RESOLUTION 25-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE PROPOSED REFUNDING OF THE OUTSTANDING CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TUSTIN LEGACY/STANDARD PACIFIC) SPECIAL TAX BONDS, SERIES 2015A, AND CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT NO. 06-1 (TUSTIN LEGACY/COLUMBUS VILLAGES) SPECIAL TAX REFUNDING BONDS, SERIES 2015A AND 2015B, CONFIRMING THE APPOINTMENT OF PROFESSIONAL SERVICES AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, the City proposes to refund its outstanding City of Tustin Community Facilities District No. 2014-1 (Tustin Legacy/Standard Pacific) Special Tax Bonds, Series 2015A, and its City of Tustin Community Facilities District No. 06-1 (Tustin Legacy/Columbus Villages) Special Tax Refunding Bonds, Series 2015A and 2015B (collectively, the "2015 CFD Bonds"), for debt service saving; and WHEREAS, it is proposed that the 2015 CFD Bonds will be refunded from the proceeds of refunding bonds (the "Bonds"); and WHEREAS, it is appropriate that the Council formally authorize commencement of proceedings, to appoint a municipal advisor, a bond counsel, a disclosure counsel and an underwriter and to approve certain preliminary actions in connection with the authorization, issuance and sale of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN, THAT: Section 1. The foregoing recitals are hereby incorporated and adopted as the findings of the City Council. Section 2. The City Council authorizes appropriate officers and officials of the City to proceed with the preparation of the necessary documents in connection with the issuance and sale of the Bonds, subject to the final approval thereof by the Council at a subsequent meeting. Section 3. The City Council hereby confirms the appointment of Fieldman, Rolapp & Associates, Inc. as municipal advisor to the City in connection with the authorization, issuance and sale of the Bonds. Section 4. The City Council hereby confirms the appointment of Stradling Yocca Carlson & Rauth LLP as bond counsel and disclosure counsel in connection with the authorization, issuance and sale of the Bonds. Resolution 25-17 Page 1 of 3 Docusign Envelope ID: 783D7024-27D3-4446-8EF6-DAE31 E21 DA51 Section 5. The City Council hereby confirms the appointment of Stifel, Nicolaus & Company Inc. as underwriter in connection with the authorization, issuance and sale of the Bonds. Section 6. All actions of the officers, agents and employees of the City that are in conformity with the purposes and intent of this resolution, whether taken before or after the adoption hereof, are hereby ratified, confirmed and adopted. Section 7. The Mayor, the City Manager, the Finance Director and other appropriate officers and officials of the City are hereby authorized and directed to take such action and to execute such documents as may be necessary or desirable to effectuate the intent of this resolution. Section 8. This Resolution shall take effect immediately upon its adoption by the City Council of the City of Tustin, and the Clerk of the City Council shall attest to and certify the vote adopting this Resolution. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 1 st day of April 2025. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: Docu Signed by: "Z7 DA 3I3E17KEWDIG City Attorney Resolution 25-17 Page 2 of 3 Docusign Envelope ID: 783D7024-27D3-4446-8EF6-DAE31 E21 DA51 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 25-17 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1st day of April, 2025, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Resolution 25-17 Page 3 of 3