HomeMy WebLinkAboutSS1 - Amending the City Charter Regarding Majority Voter Approval of Certain DebtTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
PREPARED BY:
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TITLE:
ABSTRACT:
June 26, 2018
Study Session Agenda Item No. SS1
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Dave Kiff, City Manager - 949-644-3001,
dkiff@newportbeachca.gov
Dave Kiff, City Manager
949-644-3001
Discussion Relating to Amending the City Charter Regarding
Majority Voter Approval of Certain Debt
Council members have discussed placing a measure before the Newport Beach
electorate that would ask to amend the City Charter with language that prohibits the
issuance of certain amounts of lease -revenue bonds, such as Certificates of Participation
(COPs), without majority voter approval.
This Study Session item and staff report should be used as background information to a
companion item from the City Clerk on the evening's Regular Session agenda. The
Clerk's item would, if adopted by the Council, place a ballot measure on the November
2018 General Election ballot. Readers should review both items.
RECOMMENDATION:
(a) Discuss a proposed City Charter amendment relating to voter -approval of certain
types of lease -revenue bond or COP debt.
(b) If Council desires to place an item on the November 2018 ballot, Council should "straw
vote" the dollar amount threshold as well as any other text in the proposed measure
during Study Session to allow staff a brief period to make necessary edits to the June
26, 2018 Regular Session's companion item.
FUNDING REQUIREMENTS:
Should the Council place this item on the ballot, some costs (TBD) would be incurred
associated with ballot text (the measure itself, arguments for and against, and more) as
a reimbursement to the Orange County Registrar of Voters.
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Discussion Relating to Amending the City Charter Regarding
Majority Voter Approval of Certain Debt
June 26, 2018
Page 2
DISCUSSION:
The City Charter is a document dating back to the 1950s, and sets forth how the
operations of Newport Beach's municipal government may legally vary from the "general
laws" of the State of California. A case in point is the number of Council Members — with
seven Council members, Newport Beach is different from most General Law cities who
have five. The "Greenlight" measure relating to traffic and density is also part of the City's
Charter. Just as the voters of Newport Beach approved the Charter, the voters can be
asked to amend the Charter, and have done so multiple times since the Charter's initial
adoption.
Following the completion of the Newport Beach Civic Center and Park Project, a number
of residents and others expressed concern about the cost of the project along with its
financing method. The approximately $140 million Project included a library expansion,
a pedestrian bridge, a new city hall, a park, and a parking structure. Table 1 shows how
the Civic Center was funded:
Table 1 — Civic Center and Park Funding
Certificates of Participation
Series A (tax-exempt)
Issuance
$
Nov Balance
2010
20,085,000 $
Year of
(est) Final
6-30-2019
Payment
410,000 2041
Series B (taxable & has BABs subsidy)
$
106,575,000 $
103,595,000 2041
Less refunding of Library COPS
$
(3,900,000)
N/A N/A
Cash
$
17,240,000
Totals (Issuance, Debt Remaining)
$
140,000,000 1 $
104,005,000
The COPs were issued in November 2010, using a combination of tax-exempt (the Series
A bonds) and taxable (Series B). At the time (and continuing today), the US Government
was offering a subsidy to assist in reducing interest costs for the taxable bonds,
associated with the Build America Bond recovery program. This "BABs subsidy" today
reduces the City's cost on the Series B bonds by about $2.3M/year. The overall cost of
servicing the debt today, net of the BABs subsidy, is about $8.2M/year.
The Civic Center and Park Project was the largest capital project ever done by the City.
The project was controversial from the beginning, as the voters in February 2008
eventually narrowly (53%-47%) approved a charter amendment changing the location of
City Hall to its current site off of Avocado. In the 2-3 years preceding the Measure B
effort, the City Council, city staff and others had been planning to renovate and expand
the "old city hall" at 3300 Newport Boulevard. Over $500,000 in design work had been
spent by February 2008 to do the renovation at 3300 Newport Boulevard.
By the time City staffers moved into the new Civic Center in April 2013, the final costs for
the Civic Center and Park Project had expanded significantly from materials provided by
the "pro" Measure B campaign. The Project had become more than a City Hall, and
involved a full design competition that eventually resulted in the design we see today at
100 Civic Center Drive.
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Discussion Relating to Amending the City Charter Regarding
Majority Voter Approval of Certain Debt
June 26, 2018
Page 3
But many in the community did not believe that the Project warranted that level of
expense. Others wondered if, had the financing instrument used to fund it had gone
before the voters, the project could have been scaled back or rejected.
The Civic Center's funding mechanism is common, but complex and controversial to
some. In laypersons' terms, it involves a lease -revenue arrangement known as
Certificates of Participation or COPs. To fund the debt repayments for the COPs, a
public agency creates a lease stream by leasing its own facilities back to itself (in actuality,
a different public facilities corporation is created to hold the facilities). The facilities
themselves are offered as collateral to the bondholders, and eventually when the debt is
repaid, the facilities revert to the public agency unencumbered by the lease. Because
there is no "general obligation" made to the taxpayers of the organization to pay back the
debt, voter approval has not been required (as would be the case with with General
Obligation Bonds, which are a "general obligation" of the city government and result in an
increase in local property taxes).
Newport Beach's history of debt. Newport Beach has used various types of debt to
accomplish projects. Rather than fill up this staff report, a summary (admittedly
incomplete) of related debt is shown as Attachment B.
About this Proposal. Moving to 2018 and reflective of the Civic Center's cost and
financing, members of the Newport Beach City Council recently asked staff to bring
forward City Charter language that could be placed before the voters in November 2018
relating to voter -approval before lease -revenue instruments like COPs could be issued.
Staff from the Finance Department, the City Manager's office, the City Attorney's Office,
and others worked on the attached language (Attachment A).
In summary, the new City Charter language would say that, if placed on the November
2018 ballot and if adopted by a majority of the Newport Beach voters:
• Majority -voter approval would be required were the City to issue COPs or related
lease -revenue debt if the amount of the issuance was over $ million.
• The limitation reflects a specific project's debt issuance, versus a cumulative limit
reflecting multiple separate projects where debt is used.
• Policy makers cannot piecemeal a project to avoid going before the voters.
• In the event of a national, state, or local emergency where public infrastructure was
damaged, COPs or other lease -revenue debt of any amount could be issued to repair
damaged public infrastructure without going before the voters for approval.
• The refinancing or refunding of existing lease -revenue or COP debt would be exempt
from voter approval.
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Discussion Relating to Amending the City Charter Regarding
Majority Voter Approval of Certain Debt
June 26, 2018
Page 4
What should be the appropriate dollar threshold?
The dollar amount in the proposed measure is specifically left blank for the Council to
discuss it, should the Council wish to place this on the ballot. The history of our City's
debt, and the history of our capital projects, gives us some indication as to what projects
could be subject to majority voter approval.
What's Already Done (or in Process). In Table 2, readers can see a summary of the
costs of various projects that have been completed in recent years, are nearing bidding
today, or are on the near horizon.
Table 2 — Selected Large Capital Projects since 1990
1 Capital • •0Newport
-Large
Project
Project Included
Year
Completed
TBD
Total Cost
Funding Source(s)
Fire Station #2 (Lido)
Replacement Fire Station & Land Purchase
$13M (est)
Cash (proposed)
Fire Station #5, w/Library
Replacement Fire Station & Library in CdM
2019 (est)
$8.8 M (est)
Cash
Balboa Island Sea Wall Cap
Sea wall cap around Balboa Island (9" to 6")
2018
$2.5M
Cash
Balboa Island/Park Ave Bride
Bridge and utilities between Little and BI
2017
$9.OM
Cash from US Gov't grant
Marina Park
Park, Sailing Center, Community Center,
2014
$36.5M
Cash
Marina
City Hall, Library Expansion, Park, Parking
COPS: $122,760,000
Newport Beach Civic Center
Lot, Pedestrian Bridge, Dog Park
2013
$140M
Cash: $17,200,000
Sunset Ridge Park
Active Park w/Ballfields
2012
$13.3M
Cash
OASIS Center Reconstruction
Senior Center, parking, gardens, Events
2010
$15.58M
Cash, donations from
Center
HOAG and The Irvine Co
Fire Station #7 - SAH
Fire Station, Training Facility, Training Room
2007
$11.9M
County RDA funds
Mariner's Library
Library, Community Room
2006
$7.3M
Cash, State Grant,
Donations
Back Bay Science Center
Educational space, OC HCA Water Testing
2003
$5.8M
Cash, partner grants
lab, CDF&W wing
Newport Coast Community Center
Community Center, Gymnasium
2003
$7.OM
Cash from IRWD
agreement
Bonita Canyon Sports Park
Active Park w/Ballfields
2002
$7.SM
CFD Issuance
Potable Water Delivery System
Reservoirs, pipes, pumps, wells in FV
1995
$17.1M
Water Revenue Bonds
Central Library
Library facility, Friends Room - value
1992
$14.OM
COPS: $7,500,000
included land swap
Donations: $61500,000 (est)
What's in the Medium- and Long -Term Horizon. In the nearby tables, readers can see
that a,>$10M threshold might include fire station construction, if land is included and if no
cash is used. A >$50M threshold would likely exclude all projects in the relatively near
horizon except possibly the replacement of the Newport Beach Police Headquarters.
Table 3 shows items from the current Facilities Financing Plan, which has these
projects on the medium-term and long-term horizon that could involve debt issuances (but
may not have to, depending on resources) -
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Discussion Relating to Amending the City Charter Regarding
Majority Voter Approval of Certain Debt
June 26, 2018
Page 5
Table 3 — Projects on the Facilities Financing Plan
Project
Police Station
New v.
Replacement?
Replacement
Est
Yearw/inflation
$
Cost @ Start
76,735,000
Design
Start
Year
2032
Lifeguard HQ
Replacement
$
8,000,000
2038
IS #8 -Newport Coast
Replacement
$
18,000,000
2042
Central Library
Replacement
$
90,916,000
2049
FS #7 - SAH
Replacement
$
14,311,000
2054
Newport Coast Community Center
Replacement
$
26,600,000
2054
OASIS Sr Center
Replacement
$
73,675,000 1
2057
Similarly, the Harbors and Beaches Master Plan has these projects on the horizon
(Table 4) that are of significant dollar amounts:
Table 4 — Projects on the Harbors and Beaches Master Plan
Project
Balboa Yacht Basin slips
New v.
Replacement
Est
$
Cost @ Start
7,155,000
Est Sta
2022
Balboa Island Sea Walls
Replacement
$
69,800,000
26237
-- Part 1
Replacement
$
20,300,000
2026
-= Part 2
Replacement
$
22,900,000
2031
-- Part'3
Replacement
$
26,600,000
2037
Dredge Upper Bay Catch Basins
Dredge Existing
$
20,173,000
2030
Dredge Upper Bay Channels
Dredge Existing
$
11,133,000
2030
Bulkheads - West Newport
Replacement
$
11,500,000
2041
Bulkheads - Promontory Bay
Replacement
$
8,570,000
2045
Bulkheads -Peninsula
Bulkheads - BYB
Bulkheads - Marina Park
Replacement
Replacement
Replacement
$
$
$
21,530,000
16,600,000
21,800,000
2056
2065
2095
Given that the dollars in the two project charts reflect estimated costs at the time when
construction would start, it is important to consider the voter threshold as inflated as well.
Table 5 assumes 2.5% inflation annually:
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Discussion Relating to Amending the City Charter Regarding
Majority Voter Approval of Certain Debt
June 26, 2018
Page 6
Table 5 - Cost -of -Living Related Adjustments to the Threshold Over Time
What Supporters and Opponents of Voter -Approved COP Debt Say. Supporters of
measures such as this one may say:
• Certificates of Participation appear to be an "end -around" seeking voter approval for
debt, which would otherwise be required if this was "General Obligation" debt applied
to the property tax rolls.
• Having the voters weigh in on new debt better ensures that a large capital project has
widespread community support.
• In the case of the Civic Center and Park project, had the debt gone before the voters,
it is possible that the project itself would have been scaled back.
Opponents of measures such as this one may say:
• COPs are a typical debt instrument used by many municipalities, and voter approval
is not required there, given that the levy is not applied to the property tax base.
• Elected representatives can make a proper analysis as to a municipality's ability to
take on debt and then act on behalf of the electorate in this instance.
• If a specific improvement proposed to be funded by debt benefits a limited portion of
the electorate in a more significant way than the larger electorate - such as a
neighborhood fire station's construction - the larger electorate may not be as likely to
approve it.
Finally, there was an assertion recently that this subject has been to the Finance
Committee, and not acted upon for a period of time. This matter has not been before the
Finance Committee for discussion except for within the last two weeks. At its meeting of
June 14, 2018, the Finance Committee was advised by the City Attorney's Office not to
discuss the concept so as to avoid a potential Brown Act violation.
Should the City Council wish to pursue placing this measure on the ballot for November,
it must do so no later than 88 days prior to the November 6th, 2018 General Election (88
days prior is August 10, 2018). A companion agenda item from the City Clerk on the
Tuesday, June 26th, 2018 Regular Session agenda contains the elements required to
place the measure on the ballot.
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Amount
Inflation
Assumption
$
25, 000,000
$
36, 207, 454
$
52, 439,189
$ 85, 927, 718
$
40, 000,000
$
57, 931, 927
$
83, 902, 703
$ 137, 484, 349
$
50, 000, 000
$
72, 414, 908
$
104, 878, 379
$ 171, 855, 436
$
60, 000, 000
$
86, 897, 890
$
125, 854, 055
$ 206, 226, 523
What Supporters and Opponents of Voter -Approved COP Debt Say. Supporters of
measures such as this one may say:
• Certificates of Participation appear to be an "end -around" seeking voter approval for
debt, which would otherwise be required if this was "General Obligation" debt applied
to the property tax rolls.
• Having the voters weigh in on new debt better ensures that a large capital project has
widespread community support.
• In the case of the Civic Center and Park project, had the debt gone before the voters,
it is possible that the project itself would have been scaled back.
Opponents of measures such as this one may say:
• COPs are a typical debt instrument used by many municipalities, and voter approval
is not required there, given that the levy is not applied to the property tax base.
• Elected representatives can make a proper analysis as to a municipality's ability to
take on debt and then act on behalf of the electorate in this instance.
• If a specific improvement proposed to be funded by debt benefits a limited portion of
the electorate in a more significant way than the larger electorate - such as a
neighborhood fire station's construction - the larger electorate may not be as likely to
approve it.
Finally, there was an assertion recently that this subject has been to the Finance
Committee, and not acted upon for a period of time. This matter has not been before the
Finance Committee for discussion except for within the last two weeks. At its meeting of
June 14, 2018, the Finance Committee was advised by the City Attorney's Office not to
discuss the concept so as to avoid a potential Brown Act violation.
Should the City Council wish to pursue placing this measure on the ballot for November,
it must do so no later than 88 days prior to the November 6th, 2018 General Election (88
days prior is August 10, 2018). A companion agenda item from the City Clerk on the
Tuesday, June 26th, 2018 Regular Session agenda contains the elements required to
place the measure on the ballot.
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Discussion Relating to Amending the City Charter Regarding
Majority Voter Approval of Certain Debt
June 26, 2018
Page 7
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A - Redline of Proposed Charter Amendment
Attachment B — Short History of Debt in Newport Beach
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Attachment A
Text of Proposed Charter Amendment
NOTE: Proposed new text is underlined, and proposed deletions are in "stKikeeHt"
Section 1109 Limitations on Debt, Voter Approval
(a) General Obligation Bonds. The City shall not incur an indebtedness evidenced by
general obligation bonds which shall in the aggregate exceed the sum of fifteen percent
1(5 of the total assessed valuation, for purposes of City taxation, of all the real and
personal property within the City.
No bonded indebtedness which shall constitute a general obligation of the City may be
created unless authorized by the affirmative votes of two-thirds (2/3) of the electors voting
on such proposition at any election at which the question is submitted to the electors and
unless in full compliance with the provisions of the State Constitution and of this Charter.
(b) Debt Issuance Limit on Certificates of Participation or Lease -Revenue
Bonds. On or after January 1, 2019, the City may not issue Certificates of Participation
or Lease -Revenue Bonds funded via a leaseback arrangement at an amount over
million dollars ($)(- 000,000.00), adjusted annually beginning January 1, 2019 by the
US Bureau of Labor Statistics' Final Demand—Construction Index (WPUFD43 or its
successor), to fund a Single Capital Project unless the debt issuance is first authorized
by majority voter approval of the electors voting on such question at any election at which
the question is submitted to the electors. A Single Capital Prosect shall not be
piecemealed to circumvent this voter -approved debt requirement.
(1) If Lease -Revenue Bonds are issued for a Single Capital Project in an
amount less than million dollars ($XX 000,000.00, as adjusted annually
per this Subsection), and further Lease -Revenue Bonds are proposed for a
separate Single Capital Project, the subsequent issuance is not subject to the voter
approval requirement unless the subsequent issuance alone exceeds million
dollars ($XX,000,000.00, as adjusted annually per this Subsection).
(2) For purposes of this section, the following terms shall be defined as follows:
(i) "City" shall mean the City Council or any entity created, controlled, or managed
by the City of Newport Beach or City Council: (ii) "Certificate of Participation" shall
mean a financial instrument that provides an investor a share of, or interest in,
lease revenue: (iii) "Lease -Revenue Bond" shall mean a bond, note or other
financial instrument secured by lease payments: and (iv) "Single Capital Project"
shall mean a project where all project elements are analyzed under a single
California Environmental Quality Act review.
(c) Disaster Exemption. The voter -approval requirement in Subsection "b" above
shall not apply to Certificates of Participation or Lease -Revenue Bonds that fund design,
replacement, construction, and/or repairs to public infrastructure damaged by a disaster
that also includes: (1) a declaration by the President of the United States of a national
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emergency: (2) a declaration by the Governor of a State emergency: or (3) a declaration
by the City Council of a local emergency.
(d) Refinancing Exemption. The voter approval requirement in Subsection "b" above
shall not apply to the refinancing of existing General Obligation Bonds, Certificates of
Participation, Lease -Revenue Bonds, or any other debt.
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Attachment B
A Brief (and Incomplete) History of Debt in Newport Beach
Bonds of $5,000 were used in 1905 to build a school house. $40,000 in water bonds purchased
Newport Beach's first water system in 1909. Water bonds of $25,000 were issued in 1923 to
bring potable water to Balboa Island. The Balboa Island sewer system was funded with $145,000
in bonds in 1923. Newport harbor's jetties were funded by $700,000 in bonds in 1927 and 1928.
$1.16 million from FDR's "New Deal" National Recovery Act of 1930 helped dredge the harbor,
but another $640,000 in local bonds matched it.
In 1949, the City's "old" City Hall building was paid for by selling property acquired by tax defaults
- hundreds of them in Corona del Mar. At the time, furnishings were $100,000 while construction
was $269,000.
Up until the November 2010 Civic Center project, the City had managed its finances with limited
issuances of COPS, but with fairly frequent use of other debt that the City officially classified in its
financial statements (including the Comprehensive Annual Financial Reports or CAFRs and their
predecessors) as long-term debt.
To get a sense of our more recent past, staff reviewed the City's financial reports since 1990,
giving slightly more than 27 years of debt and loan history for the City:
1990, 1991 - In the 1990 General Purpose Financial Statements (GPFS), the predecessor to the
CAFR, we report the 1988 issuance of about $535,000 in COPS "to fund, in part, the acquisition
of the Cannery Village parking facility" ($535K in 1988 = $1.16M in 2018). That same year, we
also reported "Capitalized Leases" whereby "the City entered into lease purchase agreements
(of $820,427) for computers and a fire dispatch system. Annual lease payments approximate
$81,200.00." That amount expanded slightly in 1991 (to $958,456) for "several lease purchase
agreements .... of a geo-base information and mapping system and upgrades to (our) financial
management system software and equipment to upgrade the City's data processing system. The
terms of the leases are three and five years which are payable monthly. The interest rates on
these obligations range from 7-9%."
Many of the GPFSs in the late 1980s and beyond report a Note Payable to the California
Department of Boating and Waterways starting in 1987 for a loan (generally to construct
improvements at the Balboa Yacht Basin) of $3,300,000. The note was payable over thirty years
at 4.5% interest, and is now paid off.
1992 — In 1992, the "Newport Beach Public Facilities Corporation" issued $7,500,000 of COPS to
finance the construction of the Central Library ($7.5M in 1992 = $13.66M in 2018). Lease
payments began in May 1994 and were expected to continue through June 2019 with interest
rates at the time ranging from 6% to 6.2%. The remaining roughly $3.9M in Library COPS were
refinanced as a part of the 2010 Civic Center COP financing (Series A).
1995 — In this CAFR, the City discusses the issuance of $4,300,000 of Tax Revenue Anticipation
Notes (TRANS) ($4.3M in 1995 = $7.2M in 2018). During this period, the City and many other
California municipalities had cash flow problems following the recession, the Orange County
bankruptcy, and State -directed shifts of property tax allocations from counties and cities to
schools (ERAF). The CAFR reports that "the notes were issued October 15, 1994 to supplement
the City's pooled cash and investments used to fund the (FY) 1994-95 (City) General Fund
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current, capital and debt service expenditures. The notes bear an interest rate of 5%. The notes
were retired on October 15, 1995, including interest paid of $215,000."
1996 - In this CAFR, the City notes the issuance in 1995 of $17,100,000 of Water Revenue
Bonds "to finance the construction and acquisition of water storage and transmission facilities."
($17.1 M in 1995 = $28.6M in 2018) This is the project that allowed the City to use the Orange
County Water District's (OCWD's) groundwater basin by establishing four well sites in Fountain
Valley, the transmission lines from the wells to 16th Street, and the underground reservoir and
related water treatment facilities at the 16th Street Corporate Yard. The bonds were issued at
5.375-5.4%, and projected 15 years of annual principal payments.
1997 —In this CAFR, the City notes "Rolling Stock Leases. In current and prior fiscal years, the
City entered into five lease -purchase agreements, payable annually, .... for the acquisition of a
fire truck, heavy duty pumper fire apparatus, two air sweepers, a street sweeper, a crane and two
trucks. The term of each lease is five years and each is payable annually. The interest rate for
each lease is between 4.98% and 6.98%. The lease agreements qualify as capital leases for
accounting purposes .... The assets acquired, totaling $2,394,942, were classified as equipment
in the Equipment Maintenance Internal Service Fund (ISF)."
1998 — In this CAFR, the City discusses a Lease Agreement on November 26, 1996 in the
amount of $1,759,561 "for each phase of (a) police information equipment (Computer -Aided
Dispatch) installation. The equipment is pledged as collateral. The lease is payable in five annual
installments of $411,144 ending in July 2001. The lease bears interest at the rate of 5.33%."
That same year, the City added assets of $667,215 to its Rolling Stock Leases for "financing the
acquisition of a heavy duty street maintenance vehicles." The term of each lease was 5 years with
interest set at between 4.98% and 6.98%.
1999 — In this CAFR, the City notes a Lease Agreement of January 7, 1999 of $1,950,944 to
"finance a public safety communication system connecting with other participating public safety
agencies to provide dispatch and other mobile equipment.... the equipment is pledged as
collateral." Lease payable in four annual installments of $546,870 ending July 1, 2002 at an
interest rate of 4.6%. "This lease qualifies as a capital lease for accounting purposes ... and has
been recorded in the General Fixed Assets Account Group." Additionally, the 1992 Library COPS
were refunded in FY 1998-99 to "reduce total debt service payments over the next 20 years by
$690,228 and resulted in an economic gain of $495,745."
In 1998-99, the City refunded the 1996 Water Revenue Bonds by issuing $14,225,000 in
Refunding Water Revenue Bonds. This "reduced total debt service payments over a ten-year
period by $481,153 and resulted in an economic gain of $418,469. Interest was at 3.6% to 4.5%.
These bonds and all water -related debt was retired by 2010.
2002 — In this CAFR, the City lists a new item under Long Term Debt Transactions — that being
"Pre -Annexation Agreement." This was booked as a long-term debt but was a receipt of funds
from the Irvine Ranch Water District (IRWD) of $25,000,000 that the City divided up into
$18,000,000 for modest relief of Newport Coast residents' Mello -Roos tax payments over 18
years plus $7,000,000 to construct the Newport Coast Community Center. These payments
ended in 2017.
2003 — In this CAFR, the City lists a new long-term debt of $2,400,000 for a Section 108 "CDBG
Loan" (Community Development Block Grant). This was structured as a loan made to ourselves
from future CDBG allocations and was used to construct capital improvements (such as improved
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hardscape and landscaping) in the Balboa Village area. The loan was set at an interest rate of
6.5% with principal payments through June 30, 2023. This Loan was subsequently refinanced in
2015 with an average are of 1.5% and an economic benefit of $194,436.
More rolling stock equipment leases were entered into in 2003, and later CAFRs note that this
was for the purpose of "heavy duty street maintenance vehicles and fire trucks" with lease terms
of five years at 2.72%. At this point in time, assets acquired through capital leases totaled
$6,754,827. As of today (2018) we no longer have rolling stock equipment leases, and instead
cash -fund vehicle purchases using funds saved for that purpose in the Equipment Replacement
Internal Service Fund (ISF).
2004 — In this CAFR, no new long-term financings were added, but readers can get a sense of
the items and amounts spoken to above. In the below list, the first item is the Library COP, then
the Balboa Yacht Basin note, then the Newport Coast Mello -Roos relief allocation, then the
Balboa Village CDBG loan, then capital leases such as equipment and rolling stock, then other
items we would not classify as debt (but still long-term liabilities). Finally, the 1998-99 Refunding
Water Revenue Bonds are listed at an ending balance of $8,535,000.
(6) Long -Term Debt
Changes in Lono-Term Liabilities
Long-term liability for the year ended June 30, 2004, was as follows:
Amounts
Beginning Ending Due Within
Balance Additions Deletions Balance One Year
Governmental activities
Certificates of participation payable
$ 6,110,000
$ - $
(265,000) $
5,845,000
$ 275,000
Note payable
2,082,483
-
(143,350)
1,939,133
149,801
Pre -annexation agreement
16,800,000
-
(1,200,000)
15,600,000
1,200,000
CDBG Loan
2,400,000
-
(60,000)
2,340,000
64,000
Capital leases payable
1,293,586
-
(430,611)
862,975
442,202
Workers compensations payable
7,326,000
5,433,852
(4,366,625)
8,393,227
2,499,547
Claims and judgements payable
4,285,236
416,109
(1,862,345)
2,839,000
2,350,383
Compensated absences
8,139,727
574,941
(918,644)
7,796,024
1,200,000
Total governmental activities
48,437,032
6,424,902
(9246,575)
45,615,359
8,180,933
Business -type activities:
Water Revenue Bonds payable
9,765,000
- (1230.000)
8,535,000
1.280,
Total
$ 58.202.032
$ 6,424.902 $ (10,476.575)
$
54,150,359
$ 9,460,9
2007 — In this CAFR, the City lists a Purchase Agreement Payable with Caltrans for the
purchase of the 15.05 -acre site now known as Sunset Ridge Park. The purchase price was $5M,
to be paid in three annual installments at 4.75% interest. This is now paid off.
2010 — The 2010 CAFR's section on Long -Term Debt is noteworthy for the final payment and
retirement of debt on the Refunding Water Revenue Bonds. It also includes notations about
the Early Retirement Incentive Program (ERIP), which was authorized following significant
reductions in operations resulting from the 2008-2010 recession. The ERIP involved 51 personnel
and established an estimated $3,449,437 liability. The ERIP was not financed but funded over
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five annual installments of $950,000 from the savings associated with the salary reductions of the
personnel no longer employed.
2011 — In this CAFR, the 2010 Civic Center COPS are listed in the Long -Term Debt section. The
CAFR notes that the City issued "$20,085,000 of Series 2010A (Tax Exempt) and $106,575,000
of Series 2010B (Federally Taxable Direct Pay "Build America Bonds") COPs. The Series 2010A
COPS were used to prepay the $3,990,000 principal outstanding on the 1998 Library COPS. This
refunding was undertaken to reduce total debt service payments over the next nine years by
$1,084,556 and resulted in an NPV savings of $429,500. Accordingly, the 1998 Library COPS
have been defeased...."
The Series 2010A COPS have interest rates of "2.00 to 4.00%, while the Series 2010B COPS
rates range from 4.45% to 7.17%. ... The Series 2010B COPS are designated as Build America
Bonds (BABs) under the provisions of the American Recovery and Reinvestment Act of 2009,
and involved interest subsidy of up to 35% of the interest payable on the BABs totaling
$53,292,850." Net of the interest subsidy, the 2010 COPS have an all -in total interest cost of
4.44%.
Still in the 2011 CAFR, the Long -Term Debt section notes a Purchase Agreement Payable for
the purchase of "two adjacent parcels of land located at 608 East Balboa Boulevard and 209
Washington Street" (aka the old Balboa Market and now called the Palm Street Parking Lot) at a
purchase price of $3.5 million. The City paid $2 million at close of escrow with the remaining $1.5
million paid in two annual installments with a 2% interest. The Purchase Agreement was paid in
full the following year and the 2012 CAFR notes "no outstanding balance at June 30, 2012."
2013 — In this CAFR, the second retirement -related incentive appears under Long -Term Debt as
the Voluntary Separation Incentive Program (VSIP). In FY 2012-13, the City approved and
implemented the VSIP for an additional reduction of staff and continued review/restructure of the
City's workforce. A total of 21 employees participated in the VSIP.
Note: These debt or loan or lease examples do not include or address "Limited Obligation
Bonds" that are listed on the City's CAFR over the years, including multiple Utility
Undergrounding Assessment District bonds, Hoag Hospital health facilities construction
bonds, or the 1995 -era Circulation Improvement and Open Space Agreement (CIOSA) bonds
which are similar to Community Facilities District (CFD) bonds. The CIOSA gave the City
$14,395,572 in a loan to be used only for certain transportation and circulation improvements
associated with or caused by the new development. The City agreed to match the contribution
(without interest) by pledging 50% of future Fair Share Fees (developer impact fees).
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