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Authorizing Pension Obligation Bonds <br />Indenture of Trust <br />September 9, 2011 <br />The bonds will be issued under an indenture of trust between the City and the trustee, U.S. Bank. <br />The final form of the indenture of trust will be approved by the City Council following the <br />conclusion of the validation proceedings. The indenture of trust provides for the authorization <br />and terms of the bonds, the deposit and application of the bond proceeds, the security of the <br />bonds and investment of the proceeds, the role of the trustee, and other provisions. <br />Other Refunding Source <br />In addition to issuance of the pension obligation bonds, staff is analyzing the opportunity to <br />utilize a loan from the Wastewater Pollution Control Plant Fund reserves to partially cover the <br />side fund refinancing. Potentially, the amount of the bond financing could be reduced by up to <br />$6,000,000. A loan in this amount from the Wastewater Fund potentially could be made at a <br />lower rate than dictated by the bond market and yet higher than the rate reflected by the City's <br />current investment portfolio return. Ultimately, the Wastewater rate payers also would benefit <br />from this approach. <br />A combination of refunding the pension side fund through the pension obligation bond and a <br />loan from the Wastewater Fund may result in the overall greatest benefit and savings to the <br />General Fund. Any additional savings from using a combination of an interfund loan and a <br />public bond issuance may be mitigated if taxable bond interest rates continue to fall, providing a <br />more favorable borrowing cost on the pension obligation bonds. Staff is continuing to evaluate <br />the feasibility of this approach. <br />CONCLUSION <br />Staff recommends that the Finance Committee recommend that the City Council authorize <br />issuance of pension obligation bonds and filing the required validation actions to refinance the <br />outstanding CalPERS side letter fund obligations of the City. The bond transaction would <br />refinance the existing side fund obligation over the same term in the same amount, plus issuance <br />costs, and take advantage of lower bond interest rates. The validation action is required whereby <br />the superior court determines the validity of this pension obligation. <br />