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HomeMy WebLinkAboutReso 2006-201 e e e RESOLUTION NO 2006-201 (UEDEJ'ELOPMENTAGr.:A,/cr RESOLUTfUN NO 2(J(J6-1946J JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH E..T DE LA ROSA & CO AS UNDERWRITERS FOR THE REFUNDING OF THE CITY OF CHULA VISTA REDEVELOPMENT AGENCY 1994 SUBORDINATE TAX ALLOCATION REFUNDING BONDS, SERIES C AND 1994 SENIOR TAX ALLOCATION REFUNDING BONDS, SERIES D; WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH HARRELL & COMPANY ADVISORS, LLC TO SERVE AS FINANCIAL ADVISORS, AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENTS TO THE AGREEMENTS WHEREAS, on September 20, 1994, the Redevelopment Agency of the City of Chula Vista (the "Agency") approved a resolution authorizing the issuance of the 1994 Senior Tax Allocation Refunding Bonds, Series A, 1994 Senior Tax Allocation Refunding Bonds, Series B (Taxable), 1994 Subordinate Tax Allocation Refunding Bonds, Series C and 1994 Senior Tax Allocation Refunding Bonds, Series D (collectively the" I 994 Bonds") to advance refund the I 986 Tax Allocation Bonds previously issued by the Agency for the Bayfront/Town Centre I Redevelopment Project Area, and WHEREAS, the 1994 Senior Tax Allocation Refunding Bonds, Series D, were issued to refund the 1994 Senior Tax Allocation Refunding Bonds, Series B (Taxable) in 1996 and the ] 994 Senior Tax Allocation Refunding Bonds, Series B (Taxable) are no longer outstanding; and WHEREAS, as of June] 2006, there was $24 4 million in outstanding] 994 Bonds with an average net interest cost of 8% and a final maturity date of 2024, and WHEREAS, the ] 994 Series A Bonds and the 1994 Series D Bonds are callable on September], 2006, and the ] 994 Series C Bonds are callable on November I, 2006 and all Bonds can be refunded 90 days prior to such dates; and WHEREAS, based on preliminary research conducted by Harrell & Co. Advisors, LLC ("Harrell & Co."), it appears that the Agency would save approximately $500,000 per year on its annual debt service payments as a result of a refunding under current market conditions with an assumed interest rate of 5%, and WHEREAS, Agency financing is complex in nature due to various project areas, long ternl revenue projections and rating agency coordination; and Resolution No. 2006-201 Page 2 WHEREAS, Harrell & Co. principal, Suzanne Harrell, has obtained an in-depth 0 understanding of City and Agency financing matters through worked performed for the City and the Agency during the past five years, including serving as financial advisor on the 2000 Tax .. Allocation Bonds, preparing the Agency's Financial Plan' in 2000 and reviewing outstanding debt to determine viable candidates for refinancing; and WHEREAS, Harrell & Co's prior experience and extensive knowledge of City and Agency bond financing matters makes it uniquely qualified to serve as the financial advisor on refunding the Bonds; and ' WHEREAS, E.J De La Rosa & Co ("De La Rosa") is qualified to serve as the undem'fiter for refunding the 1994 Bonds because it ranks among the top underwriters of California Municipal bonds, it has served as senior manager on 19 redevelopment financings in California over the last four yeaTs and one of its underwriters, Raul Amezcua, has experience as an underwriter for the San Diego Port Authority' and WHEREAS, applying the City's competitive bid process to the selections of a financial advisor and an undem'fiter for the refunding would be impractical because of the short time frame in which the City and Agency must act to take advantage of the cost savings available under current interest rates; and WHEREAS, it is in the City's best interest to waive the competitive bid process in accordance with Chula Vista Municipal Code 2.56.070.B3, in order to proceed with the refunding in a timely manner and take advantage of the current favorable interest rates. NOW, THEREFORE, BE IT RESOL VED, that the City Council and the Redevelopment Agency of the City of Chula Vista waive the consultant selection process and approve the First Amendment to the Agreement with E.J De La Rosa & Co as underwriters for the refunding of the City of Chula Vista Redevelopment Agency 1994 Bonds. o BE IT FURTHER RESOLVED that the City Council and the Redevelopment Agency of the City of Chula Vista waive the consultant selection process and approve the Second Amendment to the Agreement with Harrell & Company Advisors, LLC to serve as financial advisors for the refunding of the City of Chula Vista Redevelopment Agency 1994 Bonds. BE IT FURTHER RESOLVED, that the City Council and Redevelopment Agency of the City of Chula Vista authorize the Mayor to execute the First Amendment to the Agreement with E.J De La Rosa & Co. and the Second Amendment to the Agreement with Harrell & Company Advisors, LLC on behalf of the City of Chula Vista and the Redevelopment Agency of the City of Chula Vista. Presented by Approved as to form by cIfJ. A CKol.Jilk-n ~ Mar a Kachadoorian Director of FinancelTreasurer ~~~~~\\ Ann Moore ' City Attorney/Agency Counsel o Resolution No. 2006-201 Page 3 e PASSED, APPROVED, and ADOPTED by the City Council and the Redevelopment Agency of the City of Chula Vista, California, this 22nd day of June 2006, by the following vote: AYES Council/Agency members: Chavez, McCann, Rindone, and Padilla NAYS Council/Agency members: None ABSENT Council/Agency members: None '- ABSTAIN Council/Agency members: Castaneda ATTEST L )~~ ~ h. Susan Bigelow~MMC, City Clerk e STATE OF CALlFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) ) ) I, Susan Bigelow, City Clerk ofChula Vista, California, do hereby certify that the foregoing City Council Resolution No. 2006-2001/Redevelopment Agency Resolution No 2006-1945 was duly passed, approved, and adopted by the City Council and Redevelopment Agency at a regular meeting held on the 22nd day of June 2006 Executed this 22nd day of June 2006 tf~~ ( )(~ t Susan.Bigelow, MMC, City Clerk e