HomeMy WebLinkAboutReso 2014-012 RESOLUTION TO. 2014-01 Z
RESOLUTTON OF THE CITl' COLJNCIL OF THE CITY OF
CHULA VISTA ADOPTING A CITY DEBT POLICY
�1'HEREAS, de��eloping a formal debt policy ti�ill provide euidance in the issuance and
manaeement of debt issued bv the Cirv: and
R'HEREAS. establishing a cazefully considered policy improves the qualiri� of decisions,
articulates polic}� goals, and demonstrates a commitment to long-term capital and financial
planning; and
VdHEREAS, the proposed policy objectives include (1) to establishes conditions for the
use of debt; (2) to ensure that debt capacity and affordability are considered; (3) to minimize the
City's interest and issuance costs; (4) to maintain the highest possible credit rating; (�) to provide
complete financial disclosure and reportine; and (6) to maintain financial flesibility for the City;
and
l�'HEREAS, the Council wishes to adopt a Citv Debt Policy.
NOW. THEREFORE. BE IT RESOLVED that the Ciri� Council of the Cin- of Chula Vista
does hereby adopt the City of Chula Vista Debt Policy, as presented, a copy of which is on file
. �rith the City Clerk`s Office.
Presented by Approved as to form by
.
4aria Ka a oorian G n R. Gooeins
Director of Finance/Treasurer Ci � Attomev
Resolution No. 2014-012
Paae 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this 14th day of Januar}� 2014 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cos
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
I
Cheryl Coz, ayo
ATTEST:
�� �� ��
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2014-012 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 14th day of January 2014.
E�ecuted this 14th day of January 2014.
.��'t,� � �/1/4.t�4
Donna R. Norris, CMC, City Clerk
Resolution I'�oi. f���T 1
COLICIL POLICY
CIT]'OF CHLZ.4�ZST�
SUBJECT: Cit��Debt Policv POLICY EFFECTIl'E
' ' 1��BER DATE PAGE
1 of 8
ADOPI'ED BY: Resolution?�'o. DATED: Januan•9,2014
�1�r�ED BY:
BACKGROLID
The follo��ine policies have been de��eloped to provide euidance in the issuance and mana2ement of
debt by the City of Chula Vista. The main objecti��es aze to establish conditions for the use of debr to
ensure that debt capacity and affordabilin� aze adequately considered; to minimize the Cin�'s interest
and issuance costs; to maintain the hiehest possible credit ratins; to provide complere financial
disclosure and reporzine and; to maintain financial fle�bility for the Cin�.
Debt, properly issued and managed, is a critical element in any financial manaeement pro2ram. It
assisu in the Cin•'s effon to allocate limited resources to provide the hiehest qualit}• of service to the
public. The City understands that poor debt manaeement can have ripple effects that hurt other areas
of the City. On the other hand; a properly manaQed debt program promotes economic erow�th and
enhances the vitality of the City of Chula Vista for iu residenu and businesses.
PURPOSE
To establish a formal City debt policy.
POLICY
GENERAL POLICIES
The Finance Team
All debt issued by the Ciry of Chula Vista shall be under the direction of the Ciry Manaeer or Finance
Director/Treasurer, with the Mayor and City Council pro��idine final approval at a public meering.
Ihe Ciry Manaeer or Finance Director/Treasurer will determine the composition of the `Finance
Team` in�olved in each issuance. The Finance Team mav consist of both Citv Staff and ouuide
finance professionals. The Finance Directorlireasurer shall decide which City Staff to include on the
Finance Team. Critical ouuide finance professionals include:
• lioderwriter: markeu and sells debt to in��estors
• Financial Advisor: indepeodent financial expen providine advice to the City on all aspecu of
debt
• Bond Counsel: legal counsel that prepares the resolutions, ordinances. aareemenu and other
leeal documents required
• Disclosure Counsel: provides legal advice on all disclosure documents and issues in
connection to the financing. May be same entity that provides Bond Counsel services.
• Trustee: typically a commercial banl: or trust company responsible for the collection and
repayment of principal and interest to bondholders, as w�ell as administerine the investment of
resen e funds, accountine and disbursement of bond proceeds
• District Consultant: provide special district expertise, statistics, data anah�sis, and disclosure
� 201401•�4AgendaPacket Page �13
Resolution No. 2014-012
COUNCIL POLICY
CITP OF CIIULA VISTA
SUBJECT: City Debt PoGcy POLICY EFFECTIVE
NLJMBER DATE PAGE
2 of 8
ADOPTED B�': Resolution I�TO. DATED: Januan�9,2014
A��n�ED BY:
support in the issuance of Special District debt.
Selection of Outside Professionals
�When identifying members of the Financing Team, the selection of underwriters and financial
consultants providing professiona] services shall be based upon qualiFications, experience, and cost;
typically through a forcnal Request for Proposal (RFP) Process. Procurement of other services related
to the issuance of debt shall be through a competitive bidding process whenever reasonable.
Depending on circumstances it may be ad��antageous for the CiTy to participate in a pooled debt
issuance w�ith a number of local a�encies where issue costs are shared and the underwriters and/or
financial consultants are pre-selected by the managing organization. Due to the overall cost savines
invoh�ed,programs such as the Califomia Statewide Communities Development Authoriry's"Taa and
Revenue Anticipation Note 'pro�am are options for the Ciry to consider.
Use af Debt
The City will consider the use of debt financing primarily for capital improvement projects (CIP)
when the project's useful ]ife will eaceed the tem� of the financing and when resources are identified
sufficient to fund the debt service requirements. Some exceptions to this CIP driven focus are the
issuance of debt such as Pension Obligation Bonds, where the financial benefits are significantly
greater than the costs and where the benefits are determined to be a financially prudent option; and
short-term instruments such as tax and revenue anticipation notes, which are to be used for prudent
cash management purposes. Bonded debt should not be issued for projects with minimal public
benefit or support; or to finance normal operating expenses.
If a department has any project which is expected to use debt financine, the department director is
responsible for expeditiously providing the Finance Department witl� reasonable cost estimates,
including specific revenue accounts that �3�i11 provide payment for the debt service. This will allow
the Finance Deparvnent to do an anal}�sis of the project's po[ential impact on the City`s debt capacirv
and limitations.
TYPES OF DEBT IIVSTRUA'iENTS
In order to maximize the financial options available to benefit the public, it is the policy of the City of
Chula Vista to allow for the consideration of issuing all generally accepted types of debt, iocluding,
but not exclusive to the following:
• General Oblieation (GOl Bonds: General Obligation Bonds are suitable for use in the
construction or acquisition of unpro��ements to real property that benefit the public at lazge.
Eaamples of projects include libraries, parks; and public safety facilities. All GO bonds
require a 2/3 vote in order to pass.
• Revenue Bonds: Revenue Bonds are ]imited-liability obligations tied to a specific enterprise
revenue stream where the pro_�ects financed clearly benefit or relate to the enterprise. An
201401-�4AgendaPacket Page 7�4
Resolution No. 2014-012
;
COiINCIL POLICY
CTI1' OF CHLTLA �TSTA
SL-B,IECT: Cih•Debt Polic�� POLICP EFFECTIVE -
' ' \`LTIBER D:�TE PAGE
3 of 8
�DOPTED BY: Resoludon?�'o. DATED: Januan•9.2014
:���\�ED B]':
example of projects that would be fmanced by a Re��enue Bond w ould be improvemenu to the
se���er s�stem; «�hich Hould be paid back ���ith mone}� raised from the propem� o�vner`s se���er
bills. Generally, no ��oter appro��al is requued to issue this type of obligation but must comply
w�ith proposition 218 regazding rate adjustmenu.
• Lease-Backed DebdCenificates of Particioation (COPI: lssuance of COP debt is a commonh�
used form of debt that allows a City to finance projects �here the debt service is secured via a
lease or installment aereement and u>here the paymenu are budgeted in the annual budeet
appropriation by the Cit;+ from the eeneral fund. Lease-Backed debt does not constirute ,
indebtedness under the state or the Cit��'s constitutional debt limit and does not require voter
approval.
• Soecial AssessmendSpecial District Debt the Ciry will consider requesu from developers for
the use of debt financine secured by property based assessments or special ta�ces in order to
provide for necessary infrastrucmre for new development only under suict euidelines adopted
by City Council, u�hich may include minimum value-to-lien ratios and maximum tax burdens.
Examples of this h�pe of debt aze Assessme�t Districu (AD) and Communih� Facilities
Districts (CFD) or more commonly knoH�n as Meilo-Roos Districts In order to protect
bondholders as �+�ell as the City`s credit ratine, all Rate and D4ethod of.Apportionment (RMA)
documents must include the provision that the maximum projected annual special tax revenues
must equal 110% of the projected annual gross debt service on any bonds of the community
facilities district. The City «�ill also comply with al] State widelines reearding the issuance of
special district or special assessment debt. For further information, refer to the Ciry of Chula
Vista Statement of Goals and Policies Regarding the Establishment of Community Facilirv
Disv-icts.
• Indusvial Develooment Bonds — Industrial Development Bonds (IDBs) aze tax-exempt
securities which can fund manufacturine businesses or enerey development projecu which
provides a public benefit. �'�'hile the authorizatiou to issue IDBs is provided by a state statute;
the tax-exempt starus of these bonds is derived from federal law(IRS Code Section 103(b) (2).
• Tax Allocation Bonds — Tax Allocation Boods are special obliearions that aze secured by the
allocation of tax i�crement revenues that were eenerated bv increased propem� taxes in the
desi¢nated redevelopment area. Tax Allocation Bonds are not debt of the Citv. Due to
chanees in the law affectine Califomia Redevelopment agencies with the passaee of ABX1 26
as codified in the California Health and Safery Code, the City of Chula Vista Redevelopment
Agency (RDA) was dissolved as of February 1, 2012; and iu operations substantially
eliminated but for the continuation of certain enforceable RDA obli¢ations to be administered
by the City of Chula V"ista Successor Agency. The terms of AB� 1 26 requires successor
agencies perform all obligations with respect to enforceable debt oblieations, which include
Tax Allocation Bonds.
• A4ulti-Familv D4orteaee Revenue Bonds — The Ciri Housine Authorih� is authorized to issue
mortaaee revenue bonds to finance the development, acquisition and rehabilitation of multi-
familv rental projects. The interest o❑ the bonds can be exempt from Federal and State
201401-�4 Agenda Packet Page 115
Resolution No. 2014-012
COUI��CIL POLICY
CITY OF CI�i7LA VISTA
SUBJECT: Cih'Debt PoGc�� POLICY EFFECTIVE
NUMBER DATE PAGE
4 of 8
ADOPTED BY: Resolution No. DATED: January 9,2014
An�NDED B]':
taxation. As a result, bonds provide belo�;� market financing for qualified rental projects. In
addition, the bonds issued can qualify projects for allocations of Federal low-income housing
tax credits, which can provide a significant portion of the funding necessary to develop
affordable housing. For further information, refer to the Chula Vista Housing Authority —
Multi-Family Administrative Bond Policies.
• HUD Section ]08 Loan Guarantee Proeram — The U.S. Department of Housing and Urban
Development (HUD) Section 108 Loan Guarantee Program allo���s cities to use their annual
Community Development Block Grant (CDBG) entidement grants to obtain federally
guaranteed funds ]arge enough to stimulate or pay for major community development and
economic development projecu..The program does not require a pledge of the City's General
Fund; only of future CDBG entitlements. By pledging future CDBG entitlement grants as
security, the City can borrow at fa��orable interest rates because of HUD's 2uarantee of
repayment to iuvestors.
DEBT AFFORDABILITY Al�'D LL�aTATIONS
Debt capacity and affordability will be determined by conducting various analyses prior to the
issuance of bonds. The analysis of debt capacity should cover a broad range of factors including but
limited to the following:
• Statutory or co�stitutional limitations affecting the amount that can be issued, such as legally
authorized debt limits and tax or expendimre ceilings
• Other legal limitations; such as coverage requirements or additional bonds tests imposed by
bond co��enants
• Evaluation of vends relating to the govenvnent`s financial performance; such as revenues and
expendimres; net revenues available afrer meeting operating requirements, reliability of
revenues expected to pay debt service and unreserved fund balance levels
• Debt service as a percentaee of total General Fund Revenues
The City will attempt to limit the total amount of annua] debt service payments payable by the
General Fund to no more than 10% of estimated total General Fund revenues. Under State Law,
general obligation bonds shall not exceed 15% of total assessed valuation within the City.
An analysis using current market rates and conservative projections showing compliance with the
debt affordability limitations included in this Debt Policy shall be conducted before the issuance of
any debt with a maturity longer than rn�o years from date of issue.
Data showing direct and overlappina debt le��els for the City of Chula Vista and surrounding agencies
that affect the residents of the Cit}� shall be compiled for inclusion in the Comprehensive Annual
Financial Report (CAFR) of the City.
201401-�4 Agenda Packet Page �76
Resolution No. 2014-012
0
COUNCIL POLICT
CI11' OF CHLZ��TSTa
SL"BJECT: Cin•Debt Polic� POLICI' E�CTIVE
' ' \LTAIBER DATE PAGE
� of 8
ADOPTED BY: Resolution No. DATED: Januarv 9.2014
AAIE\�ED BY:
DEBTSTRliCTURLNG
In order to maximize financial flexibilia� in a constantl��-chan2in¢ debt market, the Cirv shall be
allowed to structure iu debt issuances usine generally accepted methods.
The euidine principal shal] be.to structure debt issuances so that the Cin•'s overall cosu aze
minimized w�hile still maintainins or increasine the Cit�'s credit ratine. Allo���able structures include.
but aze not limited to the issuance of: �
• Serial and/or Term Bonds: Serial Bonds are those in an issue that mature in consecutive vears,
u�hereas Term Bonds comprise a laree part or all of a particular issue that come due in a sinele
maturity but aze prepazed in part each vear.
• Fixed and Variable Rate Debt: Fixed rate debt is when an interest rate on a securirv does not
change for the remainin� life of the securit��, where Variable rate debt or "floatins rate"
chanees at intervals according to mazket cooditions or a predetermined index or formula.
• Zero Counon: Zero Coupon is an orieinal issue discount bond on which no periodic interest
pa}�menu are made but is issued at a deep discount from par; accreting (amortized) to its full
value at maturity.
• Canital Aporeciation: Capital Appreciation occurs w•hen the investrnent return on an initial
principal amount is reinvested at a stated compounded rate until bond marurity. The in��estor
recei�°es a single paymeot (maturitv value); representing bott� the initial principal amount and
the total investment retum.
• Bonds �i�ith Caoitalized Interest: Bonds w�ith capitaGzed interest have a portion of the proceeds
of an issue set aside to pay interes[on securities for a specified period of time.
• Senior and Junior Lien Structures: Senior Lien bonds have a priority daim aeainst pledged
re��enues; while Junior Lien bonds have a subordinate claim against pledeed revenues or other
securirv.
Debt service should be strucrured so that annual combined principal and interest paymenu do not
dramatically vary year over }�ear. This provides greater budget stability. Limited exceptions from
level debt sen�ice will be allo�ved for individual debt issues when level debt service is unsuitable; for
instance in the case of some refunding of debt.
Redemption provisions should eenerally be included in most issuances, providing thev aze structured
in a reasonable and cost-efficient manner as determined bv the Financing Teazn. Redemption options
include but are not limited to:
• Optional Redemption: a call or prepayment provision option that is eivine to t6e issuer, ofren
only on or after a specified date.
• Mandatorv Redemption: to require the issuer to redeem or call the bond "in-whole
redemption' ���hich is all at once; or "panial redemption" ���hich is only a ponion on a
scheduled basis.
20740�-74 Agenda Packet Page �77
Resolution No. 2014-012
a
COUNCIL POLICY
CITl' OF CHUZA VISTA
SUBJECT: Cin-Debt Policv P�I'TCY EFFECTIVE
' ' NUI�ZBER DATE PAGE
6of8
ADOPTED BY: Resolution No. DATED: Januar}�9,2014
AMENDED BY:
Credit enhancement, such as letters of credit or insurance, may be purchased when the cost of
enhancement is more than recovered by the debt service savings created. Enterine into a financing
utilizine letters of credit or insurance must be planned for and determined to be feasible by the
Director of Finance�reasurec
Maximum Maturiri
Debt obligations shal] have a maximum marurity of the earlier of:
: the reasonably estimated useful life of the Capital Improvements being financed; or,
• thirty years; or,
• in the event they are being issued to refinance outstanding debt obligations the final maturity
of the debt obligations being refinanced, unless a longer term is recommended by the Finance
Team.
• Such other terms which meet the financing goals of the debt issuance.
DEBT ISSU.ANCE
The City will strive to minimize borrow�ing costs by:
• Seeking the highest credit rating possible;
• Maintaining transparency and excellent communications with credit rating agencies reearding
the City's fiscal condition;
• Purchasing bond insurance or taking action to upgade the City's current credit rating
It shall be the policy of the City to allow the issuance of debt through public sale or private placement,
and via competitive or neeotiated sales underwriting methods. Consistent with the goal of minimizing
costs, competitive sale shall be the primary method of sale considered unless the Financing Team
decides that a negotiated sale is H�arranted. Factors that may impact this decision include:
• Issuer/Issue Recoenition: competitive sales are easier for an issuer that investors and
unden�riters are familiar with. If extensive marketing is needed to educate the market about
the issuer, a negotiated sale maybe more appropriate. Similarly, even if the issuer is ���ell-
I:nown; if the issue itself has a"story" that needs to be told, a negotiated sale may be needed to
enhance the marketing and acceptance of the debt.
• Issue Size: very large or ��ery small deals may benefit from a negotiated sale over a
competitive sale.
• Debt T�-pe: GO bonds and other well-kno���n and accepted debt structures are suitable for
competitive sales. Others such as CFDs, variable rate, or innovative structures may benefit
from a negotiated sale.
• Credit Ratines: issuers with high credit ratings and insured bonds lend themsehes to
competitive sales. Uninsured or lower rated issues are ofren more suitable for neeotiated sales.
20�40�•14 Agenda Packet Page 178
Resolution I�'o. 2014-012
0
COIINCIL POLICl�
CI11'OF CALZa�ZSTA
SIIBJECT: Cin�Debt Polic�• POLICl' EFFECTIVE
' ' NL�nZBER D�TE paGE
7of8
ADOPTED BY: Resoludon I�'o. DATED: Januarv 9.2014
�1gr�ED BT:
• Sale Tunina: durine times of market uncertainty w•hen conditions are volatile, the flexibiliry of
a neootiated sale may allow an issuer to adjust the sale date and capture additional interest rate
savinss.
The City H ill seek to issue refundine bonds ���ith the minunum goal of 5% net present value sa��ines
of the par value of the proposed bonds. Anything less than an anticipated �% savines will require
additional analysis discussing the benefits of the refundine due to the cost associated with refundine
deb[. Consideration shall be ai��eo to the benefit of delavine a refundioe io a decliruna interest rate
environment to capture maximum savines at the least cost. � � �
DEBT nZ�\AGEA�IE\'T PRACrICES
Disclosure
7�he City will comply with Rule 1�(c) 2-12 of the Securities Exchanee Commission (SEC) and
provide timely disclosure of relevant information on an annual basis as well as any material event
notices as required.
The City recoenizes the importance of accuracy in disclosure documents and w•ill strive to provide
full and complete disclosure. To ensure accuracy of stated facu; directors of any department that
originally provided or produced any data appearine in a disclosure document will provide a written
statement certifaine the accuracy of their department`s data alone �vith a statement denti�in¢
l:nowledee of anv misstatements or material omissions in tbe remainder of the disclosure document. �
The City �vill fulfill its obligations as covenanted in all the Continuing Disclosure A�eements
associated w�ith any-active issuance. Documents are distributed throu�h Electronic b4unicipal D4arket
Access (ED�A4A)w=hich can be viewed at anv time by the public.
The Ciry will determine on a case-by-case basis whether or not to retain the services of an
independent disclosure counsel.
For additional information reeardine disclosure procedures; please refer to Administrative Disclosure
Procedures.
Arbitraee
In [he past, agencies took ad��aotaee of their abiliry to borrow at tax-exempt rates and invest the
proceeds at hieher rates; thus eaming positive arbitrage. Since 1956, the federal tax code requires
issuers of lone-term, tax-exempt debt to rebate positive arbitraee to the federal govemment. The Ciry
will dilieently monitor its compliance with all federal arbitraee regulations. Due to the complex
narure of arbivaee calculations; the Citv may elect to hire an outside expert consultant to perform this
function.
20�4-01-�4 Agenda Packet Page '119
Resolution No. 2014-0 l Z
COUIVCII.POLICY
CITY OF CI1[JLA VISTA
SUBJECT: Cih�Debt Po6c�� POLICY EFFECTIVE
� � NU1��ER DATE PAGE
8 of 8
ADOPTED BP: Resolution No. DATED: Januan�9,2014
AD�n�ED BI':
Compliance n�th Tas Law Pro�isions
The City ���ill dilieently monitor its compliance with al] bond legal covenants, as well as Federal and
State requirements, with the assistance of its Finance Team and consultants. Furthermore, recognizing
that the smallest of mistakes can lead to the appearance of conflicts of interest or N�ongdoine, ���hich
in tum may lead to severe consequences, including criminal charges, the City will make every effort
to ensure its debt financing conduct is above reproach.
In��estment of Bond Proceeds
The Ciry shall comply with Federal and State regulations goveming the investment of bond proceeds.
Each issue shall detail allowable investments within the Trust Agreements, which the City will adhere
to. Where not specifically spelled out, the City wil] apply the City investment policy guiding principal
commonly referred to as `SLY"; Safety; Liquidity, and Yield, in that order of priority.
Records Retention
The City will retain records sufficient to demonsuate compliance with tUe requirements of federal and
Califomia law necessary to preserve the tax advantage of such City Bonds for the period required by
law, presently understood to be the life of the debt obligations or any succeeding refunding
obligations plus 3 years.
Other Provisions
Bond proceeds, reserve, and repayment funds, should have separate accounting from operating or
other funds, at a level distinct enough to facilitate arbitrage compliance calculations and ease debt
service and expenditure tracking.
If any part of this Debt Policy conflict with Federal or State ]aws, or the City of Chula Vista
D4unicipal Code, or Charter, the regulations will take precedence over this Debt Policy.
2 01 4 01-1 4 Agenda Packet Page �20