October 14, 2003
SUBJECT:

Issuance of Tax Allocation Refunding Bonds to Refund Existing Tax Allocation Refunding Bonds, Series 1992

REPORT IN BRIEF

It is recommended that the Redevelopment Agency (Agency) adopt a resolution (the "Bond Resolution") to authorize the issuance of tax allocation bonds in the amount of approximately $7.5 million.  The proceeds from the bonds will refund the Sunnyvale Redevelopment Agency Tax Allocation Refunding Bonds, Series 1992 (Central Core Redevelopment Project Area).  It is recommended that the 2003 Bonds be sold through a negotiated sale.

BACKGROUND

In 1992, the Redevelopment Agency issued $8,900,000 in Tax Allocation Refunding Bonds, Series 1992.  Bond proceeds were used to advance refund the Agency’s Central Core Redevelopment Project 1977 Bonds.  The proceeds of the 1977 Bonds were used to finance the acquisition of property for redevelopment, acquisition and relocation expenses, costs of demolition and installation of public improvements, administrative expenses and other costs incidental and related to the Project, specifically the development of the Sunnyvale Town Center regional shopping mall. 

 

The Series 1992 Bonds carry interest rates from 6.20% in 2004 to 6.50% in 2022.  The Agency can prepay the 1992 Bonds with no prepayment penalty.

 

On July 22, 2003, the Agency authorized staff to proceed with a refunding of the 1992 Bonds to reduce the annual debt service by taking advantage of a decline in interest rates since the original date of issuance.

 

The Agency also approved the firms of E. J. De La Rosa & Co., and Jones Hall to serve as underwriter and bond counsel, respectively.  Both firms will be paid out of the proceeds of the bonds and their payment will be contingent on the issuance of the bonds. 
EXISTING POLICY

Fiscal Sub Element Goal 7.1B states “Maintain sound financial practices which meet all applicable standards and direct the City’s financial resources toward meeting the City’s long term goals.”

DISCUSSION

Benefits and Structure of Refunding

 

Bond interest rates are at lower levels than they have been in many years, making this an opportune time to refinance.  The new bonds will be issued in an amount of approximately $7.5 million, will have the same term and maturity date as the existing bonds and are expected to bear interest at rates lower than six percent.

 

Issuance of the 2003 Bonds by the Agency will provide funds to:

  • Refund approximately $7.2 million of outstanding 1992 Bonds.
  • Fund a reserve fund (or purchase a reserve fund surety), for the 2003 Bonds.
  • Pay for the costs of issuance incurred in connection with the 2003 Bonds.                    

Though interest rates may change by the time the bonds are sold, net present value savings at today’s interest rates would be about $565,000 or 7.8% of the outstanding par amount of the 1992 Bonds.  The Resolution that the Agency is being asked to adopt tonight specifies that the 2003 Bonds may only be issued if minimum net present value savings of at least 3% of the principal amount of the 1992 Bonds (approximately $217,000) are realized.

 

The debt service savings over the life of the bonds will be approximately $895,000.  Staff is recommending that the Agency take $230,000 of the savings from the refunding up front for needed redevelopment activities that were previously approved by the Agency.  The remainder of the savings would be spread out over the life of the bonds and used to reduce annual debt service payments. 

 

Documents to be Approved

 

·                     Indenture of Trust

 

The Indenture of Trust is a contract between the Redevelopment Agency of the City of Sunnyvale and U.S. Bank Trust National Association, the Trustee. The Indenture contains many of the specific provisions relating to the 2003 Bonds, such as specific maturity amounts of the 2003 Bonds for particular years, redemption provisions, disposition of the proceeds of the 2003 Bonds, the creation of an escrow fund that will be applied to redeem the Agency’s 1992 Bonds, and many detailed provisions describing the duties of the Trustee and the relationship between the Trustee and the holders of the 2003 Bonds. In addition, if the 2003 Bonds are insured by a municipal bond insurance company, which is expected, provisions relating to such insurance will be added to the Indenture.

 

·                     Bond Purchase Agreement

 

In order to accomplish the negotiated sale of the 2003 Bonds to the Underwriter, E. J. De La Rosa, the Redevelopment Agency must approve a Bond Purchase Agreement (BPA) by and between De La Rosa and the Agency.  The BPA sets forth the conditions upon which De La Rosa will be obligated to purchase the Bonds from the Agency, and will also, upon the successful sale of the Bonds, set forth the purchase price to be paid by De La Rosa, as well as the interest rates for each maturity of the Bonds.

 

·                     Preliminary Official Statement

 

With the adoption of the attached resolution, the Redevelopment Agency approves the preparation and distribution of a Preliminary Official Statement (POS) describing the Bonds.  Agency approval allows the Executive Director or Agency Treasurer to finalize the POS for purposes of Securities and Exchange Commission Rule 15c2-12.

 

These documents are not included with this report due to their length, but are available for review in the Council Conference Room.

 

FISCAL IMPACT

The Agency’s Tax Allocation Bonds are paid from tax increment revenues.  This revenue is derived from property taxes generated by the Agency through development activities.  At the time a development project is undertaken, the base property tax levy on the property is frozen and the full amount of incremental taxes due to increased value of the property becomes the Agency’s revenue.   The Agency’s tax increment revenue is based on development activity in the project area, which is the downtown area of the City.

 

The proposed 2003 Bonds will refund the Sunnyvale Redevelopment Agency’s Tax Allocation Refunding Bonds, Series 1992, so long as the minimum level of savings (3%) are achieved.  Under present market conditions, the refunding will result in first year savings of $230,000 and annual debt service savings of approximately $37,000 thereafter.  It is anticipated that the 2003 Bonds will result in a net present value savings of approximately $565,000 or 7.8% of the outstanding 1992 Bonds, if interest rates remain substantially unchanged in the next few weeks.

 

PUBLIC CONTACT

Public contact was made through posting of the Agency agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page and the availability of the report in the Library and the City Clerk’s Office.

ALTERNATIVES

1. Adopt the resolution authorizing staff to proceed with the issuance and sale of the Tax Allocation Refunding Bonds to refund existing Tax Allocation Refunding Bonds, Series 1992.

2. Do not authorize staff to proceed with the issuance and sale of the Tax Allocation Refunding Bonds to refund existing Tax Allocation Refunding Bonds, Series 1992.

RECOMMENDATION

Staff recommends that the Redevelopment Agency approve Alternative #1.

Prepared by:

Therese B. Balbo
Finance Manager

Reviewed by:

Mary J. Bradley
Agency Treasurer

 

Approved by:

Robert S. LaSala
Executive Director

ATTACHMENTS
A. Resolution Authorizing the Issuance of the Bonds.