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HomeMy WebLinkAboutMINUTES - 05031994 - 1.54 TO: BOARD OF SUPERVISORS ?�:5...... _ Contra FROM: Costa Phil Batchelor; County Administrator Z 's 4 County DATE: May 3, 1994 SUBJECT: 1994-1995 Tax and Revenue Anticipation Note Borrowing Program SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. Approve and authorize the County Administrator to carry out the necessary actions- to proceed with the 1994-1995 Tax and Revenue Anticipation Note borrowing program for cash flow purposes . 2 . Direct the County Administrator to proceed with a competitive sale process for the Notes as was done in prior years with excellent results. 3 . Acknowledge that the Note Program is an essential tool for financial management and is required to meet the cash flow needs of the County during the fiscal year. 4 . Acknowledge that changes in federal regulations will restrict the borrowing for the County to a lessor amount than 1993-94 . 5 . Acknowledge'_:that while the borrowing is essential to meet cash flow needs, `. it also generates substantial revenues above the cost of borrowing. 6 . Acknowledge the need for continuity in the management team making the presentations to the rating agencies in New York. 7 . Approve continuation of the use of Arnold Mazotti as the Financial Advisor at a fixed fee for the issue plus reimbursement of expenses for the cost of issuance and other expenses advanced for the issue. , CONTINUED ON ATTACHMENT: IJ YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Ma 3Z ' _ 1 9 q 4 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 3 , 19 9 4 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF CC: SEE, PAGE, 2 SUPERVISO AND COUNTY ADMINISTRATOR BY 'DEPUTY -2- 8. Approve the use of Orrick, Herrington & Sutcliffe for bond and tax counsel services for a fixed flat fee including expenses. 9 . Authorize the County Administrator and appropriate County staff and officials to travel to New York on May 25, 1994 to meet with the rating agencies on the 1994 Note Borrowing Program ratings . 10. Authorize the County Administrator or his designee to execute all contracts and documents necessary for the issue. FINANCIAL IMPACTS: The annual program for Tax and Revenue Anticipation Note borrowing has become an essential part of the cash management for the County. It is required in order to meet the cash flow needs during the fiscal year. There is an even greater need to cover the cash needs for 1994-95 as result of the Pension Obligation Bond Issue which requires full payment of the annual debt service on the bonds in July. The expenses of the program are paid from revenues generated by the program and revenues above that are available to the General Fund. BACKGROUND: The County has issued Notes for cash flow borrowing needs every year since 1979 During 1993 a $125,000,000 Series A and a $15,000,000 Series B issue were completed. Changes in federal law applicable for 1994 will reduce the amount the County will be permitted to issue but preliminary indications are that the issue will be in the range of $100,000,000 . The recent, rapid changes in the short-term interest rates make it difficult to estimate potential returns from the proposed issue, but it is expected that revenues above expenses in the range of $500,000 to $1,000,000 can be realized. The past practice of using a financial advisor to assist in planning and structuring a program with assistance from a nationally recognized bond and tax counsel firm and a competitive sale of the Notes has resulted in the lowest cost and most effective program for the County. Arnold Mazotti, with the firm of Prager, McCarthy, & Sealy, has provided excellent service for the issues in the past at a very low fee. The firm of Orrick, Herrington & Sutcliffe has provided an excellent proposal for counsel services "covering the tax and note requirements . Orrick, Herrington & Sutcliffe attorneys are providing critical assistance in the evaluation of County options for the Los Medanos Hospital and valuable input in responding to the federal court case requesting an injunction to stop the Hospital Replacement Project. The changes in federal law will require particular care in the tax analysis for 1994 to assure compliance and to avoid errors that could lead to tax complications. The Orrick firm has nationally recognized tax staff assigned to assist the County in this area. Information from the rating agencies in the past has indicated that the strength and consistency of County management has been an important factor in the rating process . It is important that the same management team make the presentations in New York to reinforce those factors. The rating agency presentations are scheduled for May 26 and 27, 1994 . Contact: D. Bell ( 646-4093) cc: County Administrator Auditor-Controller Treasurer-Tax Collector County Counsel