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HomeMy WebLinkAboutCC AG PKT 2011-01-10 #M AGENDA STAFF REPORT DATE: January 10, 2011 TO: Honorable Mayor and City Council THRU: Patrick P. Importuna, City Manager FROM: Sean P. Crumby, -P.E., Director of Public Works SUBJECT: STATE REVOLVING FUND FINANCING PROGRAM (SEWER CAPITAL FUND) SUMMARY OF REQUEST: To dedicate a source of revenue for repayment and establishing a reserve fund in participation with Clean Water State Revolving Fund Financing Program in accordance with the State Water Resources Control Board's requirement. BACKGROUND: On August 8, 2005, the City Council adopted the 2005 Sewer System Master Plan Update which identified over $15 million in required Capital Improvement Projects. At the February 11, 2008 City Council Meeting, the City Council directed staff to pursue the low /no interest Financing with the State Revolving Fund Financing Program administered through the State Water Resources Control Board. At the July 14, 2008 City Council Meeting, Council adopted Ordinance No. 1574 authorizing the City to borrow money from the State Water Resources Control Board. Since that time city staff has been working with the state regarding approval of the financing application. At the August 9, 2010 City Council Meeting, Council adopted two resolutions; 1. Dedicate a revenue source to repay the Financing Agreement and 2. Establishing a reserve fund for any debt on parity with the City's existing Certificate of Participation Bond. Agenda Item M Page 2 In review of the first resolution, dedicating a revenue source, the State has requested the City to modify the resolution to reflect the following: 1. Delete the term "Loan" and replace with "Financing" 2. Add project numbers C -06- 5310 -110 and C -06- 5310 -120 to match the financing agreement The State has informed the City that the financing agreement is approved contingent on one remaining item being addressed. The State is requesting Coastal Commission approval of the project. Staff is currently working with the Coastal Commission and has submitted an exemption form for the project. The Coastal Commission is reviewing the submittal. FINANCIAL IMPACT: Participating in the State Revolving Fund Financing Program will not impact the General Fund. The Financing will be paid off by the Sewer Capital Fund. This Financing application will be for $10,000,000. The Sewer Capital Funds will be drawn down over a period of years and as needed to support the various sewer projects. RECOMMENDATION: It is recommended City Council adopt Resolution No. 6102 dedicating a source of revenue for repayment of the Clean Water State Revolving Fund Financing in accordance with the State Water Resources Control Board's requirements. SUBMITTED BY: NOTED AND APPROVED: Sean P. Crumby, P.E. Patrick P. I port4n4, City Manager Director of Public Works Prepared by: Michael Ho, City Engineer Attachments: A. Resolution No. 6102 RESOLUTION NUMBER 6102 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DEDICATING A SOURCE OF REVENUES FOR REPAYMENT OF THE CLEAN WATER STATE REVOLVING FUND FINANCING IN ACCORDANCE WITH THE STATE WATER RESOURCES CONTROL BOARD'S REQUIREMENTS WHEREAS, the State Water Resources Control Board (the "Board "), created under the California Water Code, Section 174 et seq., offers several Clean Water State Revolving Fund programs (the "Programs ") pursuant to which entities can apply for financing for improvements to water and wastewater facilities; and WHEREAS, the City of Seal Beach (the "City") applied for one of the Board's eligible Programs in order to obtain financing for improvements to its sewer system; and WHEREAS, such financing will be paid back from net revenues of the sewer system ( "Net Revenues "); and WHEREAS, the Board requires the City to dedicate a source of revenues for repayment of the financing. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Seal Beach hereby dedicates Net Revenues to pay any and all Clean Water State Revolving Fund financing on Project Numbers C -06- 5310 -110 and C -06- 5310 -120 (the "Projects "). This dedicated source of net revenues shall remain in effect throughout the term of such financing unless modification or change of such dedication is approved in writing by the State Water Resources Control Board. The Clean Water State Revolving Fund financing for the Projects will be secured by a lien upon Net Revenues on a parity with installment payments due and payable on the City's $4,230,000 Certificates of Participation (2000 Sewer System Financing Project) which are currently outstanding in the amount of $3,460,000 (the "2000 COPs "), unless the 2000 COPs are paid off before maturity. The City expects the 2000 COPs to be paid off in January 2011 if market conditions are favorable. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 10th day of January , 2011 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk 57296- 1122 \1059193v3.doc Resolution Number 6102 STATE. OF CALIFORNIA } • COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6102 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 10th day of January , 2011. City Clerk • • • •