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HomeMy WebLinkAboutAgenda Report - January 6, 2010 J-01AGENDA ITEM Jdol CITY OF LODI • ,. ` COUNCIL COMMUNICATION AGENDA TITLE: Authorize the City Manager to Engage Lamont Financial Services and Stone and Youngberg LLC for Professional Services Related to Financing the Mokelumne Water Treatment Plant and Adopt a Resolution Declaring Intent to Reimburse Certain Expend itu res from Proceeds of Indebtedness MEETING DATE: PREPARED BY: January 6,2010 Deputy City Manager RECOMMENDED ACTION: Authorize the City Manager to engage Lamont Financial Services and Stone and Youngberg LLC for professional services related to financing the Mokelumne Water Treatment Plant and adopt a resolution declaring intent to reimburse certain expenditures from proceeds of indebtedness. BACKGROUND INFORMATION: In November 2006, City Council formed a financial services selection committee. At that time, several financial needs for which financial advisory services were needed had been identified, including expansion cf the wastewater plant, refinancing of Electric Utility bonds and Electric Utility bond swaps. Lamont Financial Services was recommended to provide Financial Advisory Services, and Stone & Youngberg were recommended to provide underwriting and investment banking services. The City again needs financial advisory services for the new water treatment plant. The firms of Lamont Financial and Stone and Youngberg, LLC have served the City well in recently completed financings. We request that Council approve continuing to use the services of these firms on upcoming financings. Financial advisors and bond underwriters are typically paid with the proceeds from bond issues resulting in no out-of-pocket costs to the City. However, while typically underwriters are not paid unless there is a successful financing, financial advisors are paid regardless in order to avoid a conflict with a final debt offering. Both Lamont and Stone and Youngberg have displayed a very high degree of customer service. Lamont has consistently been available to provide uncompensated advice and counsel, and Stone and Youngberg in 2008, while serving as the banker for the 2008 Electric Utility bond refinancing, stepped in and underwrote $30 million of unsold bonds that allowed Lodi to have a successful bond sale. Stone and Youngberg has an above average level of experience with Mello -Roos and assessment district financing that will be an advantage to ensure costs are appropriately spread. Lamont proposes a not -to -exceed fee for service of $60,000 and the fee for Stone and Youngberg is subject to negotiation, which will be returned to Council for later approval. City staff will shortly begin a selection process to add bond counsel to the financing team. A separate approval by City Council of a bond counsel will be brought back at a later date. APPROVED: _ Blair Ki , ty Manager N:\Administration\CM\Susan\Council Communications\01 06 10 Approval of FA and I lkdprwritpr Cnunnnm firm 12/21/2009 A resolution declaring intent to reimburse certain expenditures from proceeds of bonded indebtedness is a common vehicle that allows an issuer to include costs incurred prior to bond issuance in the face amount of the bonds, thereby reimbursing the issuerfor the costs incurred to date. Such costs can be for soft cost items such as design and engineering as well as hard construction costs. The resolution does not commit the City to make any expenditures, incur any indebtedness, seek other financing means, or proceed with the project. The resolution simply provides the City with the ability to seek reimbursement for already incurred and future costs should the City proceed with bonded indebtedness. This resolution is solely for the purposes of establishing compliance with the requirements of Treasury Regulations Section 1.150-2. FISCAL IMPACT: Adoption of the attached resolution will allow the City to reimburse itself for any costs incurred. Lamont fee is not to exceed $60,000 and probably will be paid from bond proceeds. FUNDING AVAILABLE: Potential bond proceeds. Jordan Ayers Deputy City Manager/Internal Services Director 14MMO "' RAWdSI rel ow November 24,2009 Mr. Blair King City Manager City of Lodi 221 West Pine Street Lodi. California 95241-1910 Re: Financial Advisory Services Agreement/Surface Water Treatment Plant Dear Blair This letter ("Agreement") will set out the terms under which Lamont Financial Services Corporation ("Lamont") will provide certain financial advisory services for the City of Lodi ("City"). The services to be provided relate to the City's effort to construct a Surface Water Treatment Plant and the development of a Plan of Finance to support the revenues required for debt issuance and operations. Proposed Scope of Services: Provided below is a general listing of financial advisory services to be provided by Lamont to the City. The advisory assignment will include the review of the City's Water System Enterprise Operation including debt capacity based on expected new system revenues and cost sharing alternatives of a new Water Treatment Facility. Additional services will include: • Provide detail financial analysis to assist the City in determining the overall cost in constructing the Surface Treatment Plant, • Develop and present to the City a Financial Evaluation of the potential cost sharing alternatives for the construction and operation of the Facility i.e. new development contribution, ■ Provide financial analysis for the potential benefits offered by the creation of a Community Facilities District ("CFD) that may offset the System's Facility costs, • Reviewthe credit and rating implicationsof particulardebt structuring alternatives unique to the Facility that may impact the System's long-term capital program, • Prepare financing time schedule with the City staff, rating presentation and bond document coordination, • Work closely with the underwriting team to establish pricing for the Facility debt offering. Pricina of Services 1) We have prepared a fee proposal for your consideration. The team proposes a not to exceed $60,000 fee for professional services related to the services to be provided under Proposed Scope of Services. If the project is prolonged due to external events, we would request the City's consideration to revisit our proposed fee for a justified adjustment. Lamont will bill on a blended hourly rate of $250 for all senior level personnel working with the City. Billingswill represent tasks approved by the City and will be billed for actual hours. Funds remaining after the contract period will remain with the City. 2) Expenses: $2,500 lump-sumfee FinancialAdvisory Services City of Lodi Agreement Contact person. The initial contact at Lamontfor the services described herein is as follows: For Financial Advisory Services: Thomas B. Dunphy. Lamont Financial Services 3569 Perada Drive Walnut Creek, CA 94598 (925) 937-4958; (925) 937-3383fax TDunphve-Lamonffin.com We look forward to serving the City. We are confident that the experience, personnel and commitment to excellence of the team assembled for this assignment will provide a standard of service to the City necessary to meet present and future program and financial challenges. Sincerely, Thomas Dunphy ExecutiveVice President Lamont Financial Services APPROVED AND ACCEPTED: City of Lodi By: Authorized Officer STONE & YOU N G B E RG November 25.2009 Blair King City Manager City of Lodi 221 West Pine Street Lodi. CA 95241 Dear Blair: One Fern, Building —San Francisco, California 94111 — (415) 445-2300 On behalf of Stone & Youngberg. I am pleased to submit our qualifications and a fee proposal to provide underwriting services to the City of Lodi for its proposed Water Treatment Plant financing. Our proposal addresses the possibility of either Water Revenue Bonds, taxable Water Revenue Build America Bonds or Mello Roos Special Tax Bonds. The following points highlight our credentials. Leader in Local Government Public Finance. Stone & Youngberg is the West Coast's largest regional investment banking firm specializing in fixed income securities. The firm has underwritten over I,142 individual financings totaling $24.6 billion in the five year period ending on December 31, 2008. These include over 726 financings totaling $16.6 billion for California local governmental entities — more than any other investment banking firm. In addition, the firm has been repeatedly selected by the State of California for senior -manager, comanager and selling group member roles on financings for the State and its agencies. Leader in WaterfWastewater Financings. Stone & Youngberg was founded in 1931 to help Central Valley irrigation districts finance their capital needs during the Great Depression. The firm has continued this focus on California water and wastewater financings ever since. Between 2004 and 2008, Stone & Youngberg structured and underwrote 67 separate water or wastewater issues for local California issuers. These financings represent a dollar volume of $1.55 billion, as shown in the chart below. In 2009 to Ca 11iY �r vaosbNowt a9 Issues date, the firm has underwritten over LYwa .�. � 5-�•• loo+ -100$ r r s w..ttis triwnir 15 water or wastewater financings totaling $754 as sole or lead manager. p a A listing of recent transactions is m provided as Appendix A. San..7w,"Rs'.0 p hlon al •errand aw.rqua 6.aN.n Our recent water and wastewater clients include the cities cf Clovis, Garden Grove, Redlands, Brea. Lodi, Millbrae, Hollister, Sacramento and 9 � s 206++ M Stockton, the Castaic Lake Water r,dddddddddd� dddddddddd� GIG Non.k7wY�a EJ aLRow Nu[a!/YIIYkI Mgpn Snrdq Agency, Amador Water Agency, .,... ,.......��. �.....��........... Dublin San Ramon Services District, 5"° Th—.°"R— Alameda County Water District, East Bay Municipal Utility District, Fairfield -Suisun Sewer District, Truckee Donner Public Utility District, Sacramento County Water Agency, and the San Jose -Santa Clara Clean Water Financing Authority. $TONE & YOUNGBERG LLC —....._._..._..Page 1 City cf Lodi Water Treatment Plant Financinn billion and 26 mania Land -Secured Municipal Issues m assessment district ated and Competitive5aies 2004 -2008 Top 5 Managing Underwriters 15D a Fee Proposal. Stone & Youngberg's compensation is taken in the form of an underwriting discount and is largely a function of the structure, size, tax status and credit quality of the issue, and the volatility of the capital markets. Our underwriting fees consist of three components: a STONE & YOUNGRERG LLC Page 2 tments Dame Ismer Par Amount Underwritten Underwritten March 2009 City of Las Vegas $85,000,000 $17,500,000 20.5% January2009 Metropolitan Water District $200,000,000 $53,000,000 26.5% August 2008 Grossmont Union HSD $88,159,578 $27,420,000 31.1% September 2008 State of CA I -Bank $48,375,000 $27,350,000 56.6% Fee Proposal. Stone & Youngberg's compensation is taken in the form of an underwriting discount and is largely a function of the structure, size, tax status and credit quality of the issue, and the volatility of the capital markets. Our underwriting fees consist of three components: a STONE & YOUNGRERG LLC Page 2 City cF Lodi Water Treatment Plant Financinn management fee, sales compensation or takedown and expenses. Fee ranges are provided for each component assuming a variety of bond structures. (1) Management Fee: The management fee compensates us for the banking work needed to structure the transaction, guide the preparation of the legal documents and credit presentation, and conduct financial and options analysis. This fee will depend, in part, upon the division of labor between our staff and the City's financial advisor. For a straightforward water revenue bond, we propose a managementfee in the range of $25,000 to $55,000. If the City were to use Build America Bonds (authorized by the American Recovery and ReinvestmentAct of 2009 and available through the end of 2010). our management fee would increase by $5,000 to account for the additional complexity. For Mello Roos special tax bonds, we propose a management fee in the range of $40,000 to $75,000, depending upon the credit quality and timeline to complete the transaction. (2) Takedown: The largest component of our discount is the takedown, which compensates our sales force for selling the bonds. During the market tumult of late 2008 and early 2009, much higher takedowns were required to complete a successful bond sale due to the widespread investor retreat. In the last few months, the market has been operating in a more orderly fashion again. Assuming such relatively stable conditions continue, we propose the following average takedowns: $4.85 per $1,000 of bonds for a straightforward water revenue bonds with an A or AA category rating, $5.85 for similarly -rated taxable water revenue Build America Bonds, and $10.00 for non -rated Mello Roos special tax bonds. If market conditions were to deteriorate significantly at the time of the City's bond sale, we'd note that higher takedowns might be required. (3) Expenses: The bulk of our expenses are regulatory fees, travel expenses and conference calls. Our estimated itemized expenses are presented at right. We would 0= require an Underwriter's Counsel for a investment-grade rated transaction if the City were to hire its own Disclosure Counsel and that firm would be willing to provide a 10(b)5 opinion to us. For a non -rated financing, we would require Underwriter's Counsel and estimate an additional expense of $15,000, If the City prefers that we hire Underwriter's Counsel to prepare the Official Statement then we'd estimate an additional expense of from $25,000 to $55,000. Summary: The table below provides you ixenses. CUSIP Fees 430 SIFMA Fees 1,050 Cal PSA Fees 350 CDIAC 3,000 DTC Fee 337 Day Loan 972 Internet Posting of OS 500 Blue Sky filing 500 Handling fee 2,250 Travel, delivery, conference calls, etc. 2,500 Mar expenses 1.61 1 Total $ 13,500 $TONE & YOUNGBERG LLC Page 3 City of Lodi Water Treatment Plant Fnancinn I indicative SummarvVndewriting Proposal for a$35 Million Financiniz I AverAp Takedown Management Fee Underwriters Counsel Expenses Total Water Revenue Bonds (A or AA rating) S Per 31+No Tom! 54.85 $169,150 1.00 35,000 0.00 0 0.39 13,500 56.24 $218,250 Water Revenue BABs (A or AA rating) s pers i JM low $5.85 $204,750 1.14 40,E 0.00 0 0.39 13, 500 $7.38 $258,250 5pedal Tax Bonds (Non -rated) iPffir $l.Qffl ZafaL $10.00 $350,000 1.43 50,000 0.43 15,000 0.39 13,500 $1224 $428.500 Stone & Youngberg has earned a reputation for honest, thoughtful, energetic service to our clients for nearly 80 years. W e appreciate the opportunity to present our qualifications and look forward to earning this business. Sincerely, I Eileen Gallagher Managing Director (415) 445-2311 egailagher@sylic.com STONE & YOUNGBERG LLC Perms 4 City of Lodi Water Treatment Plant Financing Appendix A Stone & Youngberg Water and Wastewater Financing Experience Since 2005 Dated S&Y Date Issuer Name Par Role Sale 1 210 3 120 0 9 Central Contra Costa Sanitary District $ 34,490,000 Sole Neeotiated 12/02/2009 California Department of Water Resources 169,1 15,000 Lead Negotiated 11/12/2009 Central Contra Costa Sanitary District 19,635,000 Sole Negotiated 10/22/2009 Whittier UtilityAuthority 3,150,000 Sole Negotiated 10/22/2009 Whittier Util'€cy Authority 5,945,000 Sole Negotiated 10114/2009 Alameda County Water District 26,340,000 Sole Negotiated 09/03/2009 Indian Wells Valley Water District 20,000,000 Sole Competitive 08/20/2009 Riverside. City of 36,835,000 co Negotiated 08/20/2009 Riverside, City of 240.910,000 c o Negotiated 08/11/2009 Mesa Consolidated Water District 14,700,000 Sole Negotiated 07/21/2009 Culver City 20,085,000 Sole Negotiated 07/02/2009 South Bayside System Authority 55,855,000 Sole Negotiated 06/30/2009 Tulare, City of 54,775,000 Sole Negotiated 06/26/2009 SSW Diego Public Facilities Financing Authority 328,060,000 c o Negotiated 06/25/2009 Metropolitan Water District of Southern California 91, 165,000 c o Negotiated 06/1012009 Metropolitan Water Districtof Southern California 106,690,000 c o Negotiated 06/10/2009 Metropolitan Water District of Southern California 78,385,000 c o Negotiated 05/28/2009 Lynwood Utility Authority 5,735,000 c o Negotiated 0512 U2009 Brea Public Financing Authority 12,855,000 Sole Negotiated 05/2112009 Brea Public FinancingAuthority 12,945,000 Sole Negotiated 05/201,1009 MrrropolitanWater Districtof Southern California 104, 160.000 Sole Negotiated 011271'20419 Metropolitan Water Districtof Southern California 200,000.000 Lead Negotiated 12/31/2008 South Bayside System Authority 10,000,000 Sole Negotiated 12118/2008 Oceanside, City of 10,540,000 Sole Negotiated 11/25/2008 Lynwood Utility Authority 9,755,000 c o Negotiated 08/28/2008 Lomita, city of 7,550,000 Sole Negotiated 07/31/2008 Metropolitan Water District of Southern California 79,045,000 co Negotiated 0611 112008 Chino Basin Desalter Authority 89,440,000 Sole Negotiated 05/29/2008 Millbrae Public Financing Authority 3,965,000 Sole Negotiated 05/01/2008 Los Angeles Wastewater System 31,900,000 Sole Negotiated 05/0 112008 California Department of Water Resources 632,890,000 co Negotiated 12/20/2007 San Joaquin County Public Facilities Financing Corp 8,450,000 Sole Negotiated 1210512D07 Lodi. City Of 30,320,000 Lead Negotiated I 1 /20/2007' Badger Water Facilities FinanangAuthority 20,685,000 c o Competitive 11/1512007 Fairfield, City of 84,466,697 Sole Negotiated 06/13/2007' Santa Rosa, City of 67,0 10,000 Sole Negotiated 05/30/2007 Hollister Joint Powers Financing Authority 6,860,000 Sole Negotiated 05/23/2007 Metropolitan Water District of Southern California 400,000,000 co Negotiated 05/09/2007 Sacramento County Water FinanangAuthority 184,500,000 co Negotiated 0311512007' Clovis Public Financing Authority 68,540,000 Sole Negotiated 01/30/2007' Crescenta Valley Water District 10,070,000 Sole Negotiated 12/20/2006 HollisterJoint Powers FinanangAuthority 120,535,000 Sole Negotiated 10/26/2006 Richmond, City of 16,570,000 Sole Negotiated 10/26/2006 Richmond, City of 32260.000 Sole Negotiated 09/21/2006 CucamonpValley Water District 21,610,000 Sole Negotiated 08/23/2006 Metropolitan Water District of Southern California 200,000,000 c o Negotiated 03/16/2006 Vallejo Sanitation and Flood Control District 39,665,000 Sole Negotiated 12113/2005 Lor Angeles. City of 300,655,000 c o Competitive 09/22/2005 Avenal Public Financing Authority 9,660,000 Sole Negotiated STONE & YOUNGBERG LLC __ Page 1 City of Lodi Water Treatment Plant Financing 07/28/2005 Metropolitan Water District of Southern California 100,000,000 c o Negotiated 06/08/2005 Rohnert Park, City of 13,000,000 Sole Negotiated 05/05/2005 Clovis Public Financing Authority 25,735,000 Sole Negotiated 04/28/2005 Oxnard FinancingAuthority 20,955,000 Lead Negotiated 04/20/2005 Santa Fe Springs Public FinancingAuthority 3,705,000 Sole Negotiated 03/23/2005 Fairfield. City of 47,085,000 Sole Negotiated 03/17/2005 Santa Cruz County Sanitation District 9,335,000 Sole Negotiated 56 Transactions Totaling$4.36 Billion Par Value Appendix B Stone & Youngberg Land Secured Financing Experience Since 2005 Dated Date Issuer Name Far S&Y Role Sale 11/8/2009 Los Altos, City of $ 662.880 Sole Negotiated 11/05/2009 Riverside Unified School District 5,465,000 Sole Negotiated 07/09/2009 Piedmont City of 3,200,000 Sole Negotiated 07/09/2009 Piedmont City of 205,000 Sole Negotiated 07/02/2009 Poway Unified School District PFA 8,995,000 Sole Negotiated 06/16/2009 Placentia Public Financing Authority 9,715,000 Sole Negotiated D5114/2009 Los Altos Hills, Town of 3,143,364 Sole Negotiated D31 12/2009 Carpinteria Sanitary District 6,053,439 Sole Negotiated 01129/2009 Saugus Union School District 8,275,000 Sole Negotiated D 1/29/2009 Sattus Union School District 4,810,000 Sole Negotiated 12/23/2008 Malibu. City of 4,365,000 Sole Negotiated 12J 10/2008 Easrem MunicipalWater District 1,205,000 PA PrivacePlacement 12/09/2008 Elk Grove Unified School District 30,575,000 FA Competitive 12!09/2008 Elk Grove Unified School District 651.133 FA Competitive 10/16/2008 Sacramento Area Flood Control Agency 84,965,000 c o Negotiated 138/27/2008 Yolo, County of 6,405,000 Member Competitive 138/21/2008 SEn Diego. City of 12,365,000 Sole Negotiated D7130/2008 Larnmersville School District 1,895,000 Sole Negotiated 137/02/2008 Dana Point City of 8.710,000 Sole Negotiated 14/10120a San Diego. City of 3,950,000 Lead Negotiated 04/03/2008 Fairfield. City of 18.095.000 Sole Negotiated Q4u3F4W Fairfieia; City of 15,510,000 Sole Negotiated 193/26/2008 Eastern Municipal Wafter District 5,110,000 Sole Negotiated 133/26/2008 Poway Unified School District 48,420,000 Sole Negotiated 152/21/2008 Carlsbad, City of 18,175,000 Sole Negotiated 01/30/2008 Etiwanda School District 62,295,000 Sole Negotiated D1/30/2008 Stockton Public f=inancing Authority 12,745,000 Sole Negotiated 131/08/2008 Riverside, County of 11,585,000 Sole Negotiated 131/08/2008 Lincoln Unified School District 729,850 Sole Negotiated 1 21 1 212007 Etiwanda School District 7.090.000 Sole Negotiated 12106rM7 ANso Viejo, City of 34,070,000 Sole Negotiated 12/04/2007 Lake Elsinore Unified School District 1,720,000 Sole Negotiated 12/04/2007 Rocklin Unified School District 6,793,381 Sole Negotiated 12/04/2007 Rocklin Unified School District 26,625,000 Sole Negotiated 12/04/2007 Rocklin Unified School District 12,309,968 Sole Negotiated 11/21/2007 I'm Jacinto Unified School District 1,460,000 Sole Negotiated I V2012007 Edwand2 5r_hool District 10,300,000 Sole Negotiated I I/14f2007 Tejon Rands PFFA 6,100,000 Sole Negotiated 11/13/2007 Lincoln Unified School District 4,890,753 Sole Negotiated STONF& YOUNGBERG LLC _ - Page 2 City of Lodi Water Treatment Plant Financing 11/01/2007 ABAG Finance Authority 3,270,000 Sole Negotiated 10131/2007 ABAG Finance Authority 11,000,000 Sole Negotiated 10125/2007 Sacramento. City of 11,465,000 Sole Negotiated 09/06/2007 Eastern Municipal Water District 5,675,000 Sole Negotiated 09/06/2007 Sacramento, County of 14,4 15,000 Sole Negotiated 09f0612007 Twin, City of 53,570,000 c o Negotiated 08/2312007 Pakndale, City of 2,135,000 Sole Negotiated 08/23/2007 Palmdale. City of 8,250,000 PA Private Placement 08/23/2007 Palrndale, City of 3,205,000 Sole Negotiated 08123/2007 Palmdale. City of 6,460,000 PA Private Placement 08)0812007 Eastern MunicipalWater District 8,170,000 Sole Negotiated 08/06/2007 Lake Berryessa Resortlmpvt District 4,755,84I Sole Negotiated 07/26/2007 Poway Unified School District 37.910,000 Sole Negotiated 0711212007 E -in Marcos Public FacilitiesAuthority 26,405,000 Lead Negotiated 07/11/2007 Eastern Municipal Water District 1,180,000 Sole Negotiated 06/28/2007 Del Mar Union School District 19,955,000 Sole Negotiated 06/26/2007 ABAG FinanceAuthority 112,545,000 Lead Negotiated 06126/;1007 ABAG Finance Authority 45,560,000 Lead Negotiated 06120/;1007 Eastern Municipal Water District 2,060,000 Sole Negotiated 06120/;1007 Eastern Municipal Water District 1,435,000 Sole Negotiated 061201:1007 Poway Unified School District PFA 69,945,000 Sole Negotiated 06/14/2007 Chinn City of 23.715,000 Sole Negotiated 06/05/2007 Davis, City of 14, 1 15,000 Sole Negotiated 05/30/2007 Eastern Municipal Water Dimict 3,175,000 Sole Negotiated 05/10/2007 Manteca Unified School District � 120,000 Sole Negotiated 05/10/2007 Manteca Unified School District 8,225,000 Sole Negotiated OS103/2007 HerperPa Unified School District 8,500,000 Sole Negotiated 05/02/2007 Bakersfield, City of 5.010,000 Sole Negotiated 04/26/2007 Lake Elsinore Unified School District 3,955,000 Sole Negotiated 04/12/2007 Moreno Valley Unified School District 4,000,000 Sole Negotiated 04/05/2007 Menifee Union School District 2,040,000 Sole Negotiated 03/29/2007 Alvord Unified School District 4,560,000 Sole Negotiated 03/2912007 Alvord Unified School District 4,360,000 Sole Negotiated 03128/:1007 Imparial. County of 2,105,000 Sole Negotiated 03/22!;2007 Orange Unified School District 5,920,000 Sole Negotiated 03/22/2007 Moreno Valley Unified School District 11,235,000 Sole Negotiated 02/281:1007 Anaheim, City of 9,060,000 Sole Negotiated 02/27/2007 Lake Elsinore School Financing Authority 39,995,000 Sole Negotiated 02/07/2007 Azusa, City of 71,125,000 Sole Negotiated 01/25/2007 Rancho Cucamonga, City of 2,980,000 Sole Negotiated 01/25/2007 Rancho Cucamonga, City of 5,800,000 Sole Negotiated 01/24/2007 Temecula Valley Unified School District 12,700,000 Sole Negotiated 12J21/2006 Fontana, City of 26,815,000 Sole Negotiated 12121/2006 Chico Public Financing Authority 10,545,000 Sole Negotiated 12J 1912006 Menifee Union School District 10,9001000 Sole Negotiated 12114t20,06 Moreno Valley Unified School District 4,260,000 Sole Negotiated 12/07/2006 Sacramento, C i of 26,210,000 Sole Negotiated 111 1512006 Carson Public Financing Authority 25,000,000 Sole Negotiated 11115/2006 Carson Public Financing Authority 7,955,000 Sole Negotiated (/0812006 Eastern Municipal Water District 3,500,000 Sole Negotiated 111108/2006 Palindale. City of 2.220.000 Sole Negotiated 11/01/2006 Escondido, City of 18,080,000 Sole Negotiated 11101/2006 Eastern Municipal Water District 3,975,000 Sole Negotiated f0126/2006 Chino, City of 9,545,000 Sole Negotiated STONE & YOUNG13ERG LLC Page 3 City of Lodi Water Treatment Plant Financing 1011212006 TemeculaValley Unified School District 09/28/2006 Eastern MLmidpal Water District 09/28/2006 San Jacinto Unified School District 09/21/2006 NlurrietaValley Unified School District 09/12/2006 Lathrop, City of 09/07/2006 Eastern Municipal Water District (19/07/2006 Eastern Municipal Water District 09/01/2006 Temecula Public FinancingAuthority 09101t2006 Temecula Public Financing Authority 13,445,000 Western Riverside Water and 08/30/2006 Wastewater FinancingAuthority Sole Western Riverside Water and 08/30/2006 Wastewater 9 -nd. e e__+,e-; , 08/2912006 Lincoln Unified School District (18/25/2006 Coachella Valley Water District 08/24/2006 Lammersville School District 08/24/2006 Roseville, City of 08/16/2006 loner, City of 08/16/2006 Ione, City of OB11612006 lone, City of 08/16/2006 lone, City of 08/1012006 San Jacinto Unified School District 08/1012006 RNR School FinancingAuthority 08/08/2006 Rialto, City of 08/03/2006 Roreville. City of 07/20/2006 Tracy. City of 07/20/2006 Riverside, County of 07120/2006 Murrieta Valley Unified School District 07/20/2006 Riverside, County of 07/1312006 San Diego, City of 07/13/2006 Rancho Cucamonga, City of 07/13/2006 Menifee Union School District 07/06/2006 Eastern Municipal Water District 07/06/2006 Eastern Municipal Water District (16/22/2006 Poway Unified School District (36/22/2006 Poway Unified School District 06/20/2006 Chnla Vista. City of 16/15/2006 East: emMunicipal Water District 06/08/2006 ABAG Finance Authority 05124/2006 Moreno Valley Unified School District (15/24/2006 Sed Beach, City of (15/17/2006 Chula Vista, City of 05/1112006 Carlsbad, City of 05/1012006 Sacramento, City of D4127f2006 emecula Public FinancingAuthority 04/27/2006 Sen Jacinto Unified School District 04/26/2006 Chino, City of (14/05/2006 Chino, City of 02/(612006 Menifee Union School District PFA 02/0912006 Burbank, City cf 132/02/2006 Menifee Union School District 011257200'6"' William S. Hart Union HSD 01/25/2006 Saugus Union School District 01/1912D06 Orange Unified School District ... .. . ........... STONE & YOUNGBERG LLC 9,945,000 Sole Negotiated 9,350,000 Sole Negotiated 2,690,000 Sole Negotiated 5,105.000 Sole Negotiated 50.000.000 Sole Negotiated 6,000,000 Sole Negotiated 13,445,000 Sole Negotiated 3,075,000 Sole Negotiated 14,470,000 Sole Negotiated 40.615,000 Sole Negotiated 4,400,000 Sole Negotiated 14,750,000 Sole Negotiated 8,239,480 Sole Negotiated 25,000,000 Sole Negotiated 42,650,000 Lead Negotiated 3,225,000 Sole Negotiated 3,845,000 PA Negotiated 1,550,000 PA PrivatePlacement 10,855,000 PA Private Placement 2,565,000 Sole Negotiated 21,025,000 Sole Negotiated 5,035,000 Sole Negotiated 22,095,000 co Negotiated 10,660,000 Sole Negotiated 5,100,000 Sole Negotiated 5,640,000 Sole Negotiated 3,505,000 Sole Negotiated 16,000,000 PA PrivatePlacement 43,545,000 Sole Negotiated 4,740,000 Sole Negotiated 3,750,000 Sole Negotiated 890.000 Sole Negotiated S 1,5 15.000 Sole Negotiated 51,495,000 Sole Negotiated 16,950,000 Sole Negotiated 6,785,000 Sole Negotiated 5,825,000 Lead Negotiated 5,000,000 Sole Negotiated 8,800,000 Sole Negotiated 16,620,000 Sole Negotiated 11,490,000 Sole Negotiated 19,025,000 Sole Negotiated S1,250,000 Sole Negotiated 2,330,000 Sole Negotiated 6,055,000 Sole Negotiated 25.615,000 Sole Negotiated 37,325,000 Sole Negotiated 6,155,000 Sole Negotiated 4,625,000 Sole Negotiated 18,605,000 Sole Negotiated 16,055,000 Sole Negotiated 6,540,000 Sole Negotiated �� Page 4 Citv of Lodi Water Treatment Plant Financine 12/29/2005 Lincoln Unified School District 14,995,814 Sole Negotiated 12/28/2005 Eastern Municipal Water District 4,988,209 Sole Negotiated 12/22/2005 Tracy Operating PartnershipJPA 14,965,000 Sole Negotiated 12121/2005 Bakersfield, City of 15,595,000 Sole Negotiated 12/21/2005 Chula Vista. City of 12,230,000 Sole Negotiated 12/21/2005 Jurupa Unified School District 3,170,000 Sole Negotiated 12/15/2005 Lake Elsinore Unified School District 3,435,000 Sole Negotiated 12/1512005 Schell -Vista Fire Protection District 403,463 Sole Negotiated 12/13/2005 Mission Springs Water District 7,200,000 Sole Negotiated 12/08/2005 Moreno Valley Unified School District 27,935,000 Sole Negotiated 12/06/2005 Chula Vista. City of 22,565,000 Sole Negotiated 12/01/2005 Dry CreekJointElementary,9D 3,150,000 Sole Negotiated 11/3012005 South Orange County PFA 84.0 15.000 Sole Negotiated 11/29/2005 Eastern Municipal Water District 11,735,000 Sole Negotiated 11/29/2005 Eastern Municipal Water District 2.8 15,000 Sole Negotiated 11/22/2005 Poway Unified School District 44,305,000 Sole Negotiated 11/22/2005 Poway Unified School District 30,000,000 Sole Negotiated 11/1712005 Roseville, City of 9,165,000 Sole Negotiated V 1612005 Rio Elementary School District 30,725,000 Sole Negotiated 11/16/2005 Eastern Municipal Water District 1,800,000 Sole Negotiated 11/16/2005 Eastem Municipal Water District 525.000 Sole Negotiated 11/0112005 Elk Grove Unified School District 43,540,000 Lead Competitive 10/27/2005 Moreno Valley Unified School District 5,580,000 Sole Negotiated 1012012005 Yuba, County of 13,895,000 Sole Negotiated 10/20/2005 Rocklin, City of 13,645,000 Lead Competitive 1011812005 Lathrop. City of 8,255,000 Sole Negotiated 10/18/2005 Rancho Cucamonga, City of 9,835,000 Sole Negotiated I01I 312005 Lake Elsinore Unified School District 7,255,000 Sole Negotiated 10/06/2005 -'RnJacinto Unified School District 2,450,000 Sole Negotiated 09121/2005 Yucaipa -Caiimesa Joint USD 1,380,000 Sole Negotiated 09/2112005 Eastern Municipal Water District 6,000,000 Sole Negotiated 09/2112005 Faxtern Municipal Water District 3,500,000 Sole Negotiated 09/15/2005 Roseville, City of 21,720,000 co Negotiated 09/14/2005 Santa Ana Unified School District 11,785,000 Sole Negotiated 09/01/2005 Piedmont City of 668,420 Sole Negotiated 08/3112005 Stockton Public Financing Authority 16,680,000 c o Negotiated OW31/2005 Stockton Public Financing Authority 1,355,000 co Negotiated 0812512005 Temecula Valley Unified Scrod District 1 9491040 Sole Negotiated 08/24/2005 Roseville, City of 57,905,000 c0 Negotiated 08/24/2005 Temecula Public Financing Authority 3,865,000 Sole Negotiated DW 1812005 Fontana Public Financing Authority 28,020,000 Sole Negotiated 08118/2005 Fontana Public Financing Authority 2885,000 Sole Negotiated 08/1712005 Eastern Municipal Water District 4,700,000 Sole Negotiated 08110/2005 Oxnard Financing Authority 2,355,000 Sole Negotiated 08/1012005 Oxnard Financing Authority 5180,000 Sole Negotiated 08/09/2005 Vacaville, City cf 6,755,000 Sole Negotiated 08/04/2005 Seal Beach, City of 3,985,000 Sole Negotiated 08/04/2005 Victorville, City of 3245,000 Sole Negotiated 08/04/2005 Cathedral City, City of 33,847,337 Sole Negotiated 08/04/2005 Roseville, City of 37,350,000 Lead Negotiated 08/03/2005 Menifee Union School District 4,480,000 Sole Negotiated 08102/2005 Palmdale, City of 8,675,000 Sole Negotiated 08/02/2005 Palmdale. City of 3,436,684 PA PrivatePlacement 08/02/2005 Palmdale, City of 1,460,000 PA Private Placement STONE & YOUNGBERG LLC __ Page 5 City of Lodi Water Treatment Plant Financing 07/29/2005 Stockton, City of 28,350,000 Lead Negotiated 07/28/2005 Victorville. City of 7,935,000 Sole Negotiated 07/26/2005 San Francisco Redevelopment Agency 15, 160,000 Lead Negotiated 07/26/2005 &n Francisco Redevelopment Agency 5,70$,939 Lead Negotiated 07121/2005 Fremont City of 38,000,000 Sole Negotiated 07/20/2005 Long Beach Bond Finance Authority 2,100,000 Sole Negotiated 07/19/2005 Rancho California Water District 15,370,000 Sole Negotiated 07119/2005 Rancho California Water District 5,125,000 Sole Negotiated 07/14/2005 Menifee Union School District 2,580,000 Sole Negotiated 07/112005 Palm Springs, City of 3,806,000 Sole Negotiated 06/28/2005 Bakersfield, City of 3,380,000 Sole Negotiated 06/23/2005 SEn Jacinto Unified School District 1,800,000 Sole Negotiated 06/16/2005 Poway Unified School District 9,035,000 Sole Negotiated 06/16/2005 Poway Unified School District 13,475,000 Sole Negotiated 06/09/2005 San Jacinto Unified School District 3,675,000 Sole Negotiated 06/09/2005 Murrieta Valley Unified School District 2,880,000 Sole Negotiated 06/08/2005 Sacramento, City of 35,460,000 Sole Negotiated 06101/2005 Rocklin. City of 25,000,000 Sole Negotiated 05/25/2005 Romoland School District 5,935,000 Sole Negotiated 05112/2005 Hesperia Unified School District 1,565,000 Sole Negotiated 05x11212005 Vacaville, City of 7,275,000 Sole Negotiated 05/112005 Sacramento, Countyof 11,525,000 Sole Negotiated 04128/2005 Fullerton JointUnion HSD 2,050,000 Sole Negotiated 04/20/2005 83n Francisco Redevelopment Agency 34,500,000 Lead Negotiated 14/2012005 Maifee Union School District 2,460,000 Sole Negotiated 04/06/2005 EtiwandaSchool District 6.815.000 Sole Negotiated 03/24/2005 Etiwanda School District 10,400.000 Sole Negotiated 03/24/2005 Lake Elsinore Unified School District 9,645,000 Sole Negotiated 03/1012005 Sweetwater Union HSD PFA 15180,000 Lead Competitive 03101/1005 Temecula Valley Unified School District 11,000,000 Sole Negotiated 01123/2005 Palmdale. City of 28,500,000 Lead Negotiated 02/17/2005 Simi Valley, City of 8,800,000 Sole Negotiated 02/17/2005 Carlsbad, C i of 33,085,000 Sole Negotiated 02/03/2005 Menifee Union School District 2,3 15.000 Sole Negotiated 0101/2005 Orange, County of 75,645,000 c o Negotiated 01/27/2005 Menifee Union School District 4,160,000 Sole Negotiated 0 1 /271200 5 SwWs Union School District 3,810,000 Sole Negotiated 0112712005 William S. Hart Union HSD 5,690,000 Sole Negotiated 01/26/2005 Rio Vista, City of 15,585,000 Sole Negotiated 239 Transactions Totaling $3.3 Billion Par Value STONE & YOUNGBERG LLC __._ � Page 6 RESOLUTION NO. 2010-01 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS WHEREAS, the City intends to design and construct a surface water treatment plant and related appurtenances (the "Project"); and WHEREAS, the City expects to pay certain expenditures (the "Reimbursement Expenditures") in connection with the Project prior to the issuance of bonded indebtedness for the purpose of financing costs associated with the Project; and WHEREAS, the City reasonably expects that debt obligations will be issued in connection with the project and that certain of the proceeds of such debt obligations will be used to reimburse the Reimbursement Expenditures; and WHEREAS, proceeds of such debt obligations will be allocated to reimburse expenditures no later than 18 months after the later of (i) the date the cost is paid, or (ii) the date the Project is placed in service or abandoned (but in no event more than three years after the cost is paid). NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows: Section 1. The City finds and determines that the foregoing recitals are true and correct. Section 2. The City herby declares its official intent to use proceeds of indebtedness to reimburse itself for Reimbursement Expenditures. Section 3. This declaration is made solely for the purposes of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations. This declaration does not bind the City to make any expenditure, incur any indebtedness, or proceed with the Project. Section 4. This resolution shall take effect from and after its adoption. Dated: January 6, 2010 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2010-01 as passed and adopted by the City Council of the City of Lodi in a regular meeting held January 6, 2010, by the following votes: AYES: COUNCIL MEMBERS— Hansen, Johnson, and Mayor Katzakian NOES: COUNCIL MEMBERS— Mounce ABSENT: COUNCIL MEMBERS— Hitchcock ABSTAIN: COUNCIL MEMBER; 2010-01