HomeMy WebLinkAboutAudt Inv & Fin Cmte - 04/28/09 MINUTES
� � REGULAR MEETING OF THE PALM DESERT
AUDIT, INVESTMENT, AND FINANCE COMMITTEE
Tuesday, April 28, 2009
I. CALL TO ORDER
Chairman Gibson called to order a regular meeting of the Palm Desert Audit, Investment
and Finance Committee at 10:04 a.m.
II. ROLL CALL
Present: Absent:
Paul Gibson, Finance Director Thomas Jeffrey, Deputy City Treasurer
Luis Espinoza, Asst. Finance Director Robert A. Spiegel, Mayor
Cindy Finerty, Mayor Pro-Tempore David Erwin, City Attorney
John Wohlmuth, City Manager Justin McCarthy, ACM/Redevelopment
Stephanie Loog, Community Member
James Walker, Community Member
Everett Wood, Community Member
Also Present:
Russell Campbell, Community Member
Patrick Conlon, Director of the Office of Energy
Anthony Hernandez, Senior Financial Analyst
K Kaufmann, Desert Sun
Richard Mogensen, Desert Willow CITY COUNCILACTION
Niamh Ortega, Recording Secretary API'ROVFD_ ._i)T^.Ni!�.�)
Arla Scott, Senior Financial Analyst RECF.IVF.D � " E:3"I'f1E�:�2 .�
Bill Strausz, Richards, Watson & Gershon
Veronica Tapia, RDA Accountant N1F.F,TING DATE � � '�'
Derek White, Desert Willow Golf Resort AYF.S: �� 'P
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III. ORAL COMMUNICATIONS A13STAtN:
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None. Originaf on File with City Cler 's Oi'�ce
IV. APPROVAL OF MINUTES
A. MINUTES OF THE REGU�AR MEETING OF MARCH 2412009
MOTION was made by Member Wood and seconded by Member Finerty to
adopt and approve in their entirety the minutes of the regu/ar meeting of
the Palm Desert Audit, Investment and Finance Committee he/d on March
24, 2009. Motion passed.
G:\Finance\Niamh Ortega\Investment Committee�2009\Minutes\042809.docx
AUDIT, INVESTMENT, AND FINANCE COMMITTEE
MINUTES APRIL 28, 2009
V. NEW BUSINESS
A. CITY AND REDEVELOPMENT AGENCY INVESTMENT SCHEDULES AND
SUMMARY OF CASH REPORTS FOR MARCH 2O09
Chairman Gibson presented the report and it was received by the Committee.
The Committee discussed the types of bonds available to the City.
MOTION to recommend that Council receive the report as presented made
by Member Finerty, seconded by Member Loog, and unanimously
approved.
B. LOCAL AGENCY INVESTMENT FUND (L.A.I.F.) ACCOUNT STATEMENTS
FOR MARCH 2O09
The report was received and filed.
C. CALIFORNIA ASSET MANAGEMENT PROGRAM (C.A.M.P.) ACCOUNT
STATEMENTS FOR MARCH 2O09
The report was received and filed.
D. CITY FINANCIAL REPORTS FOR AUGUST AND REDEVELOPMENT AGENCY
FINANCIAL REPORTS FOR MARCH 2O09
Chairman Gibson indicated that the first payment of triple flip was received for
sales tax and motor vehicle tax. TOT is down over last year. There was nothing
significant to note on the expenditures for the City.
Ms. Scott reported that RDA revenues were $1,198,010.69, and expenditures
were $14,274,737.72. Responding to question, Mr. Gibson stated that the
payment due to the State is $5.2 million, and the City is waiting till the due date to
make the payment.
E. PARKVIEW PROFESSIONAL OFFICE BUILDINGS FINANCIAL REPORTS FOR
MARCH 2O09
Mr. Hernandez reported that staff is taking a lease agreement to Council in May
for approval to rent Suite 112.
F. PALM DESERT GOLF COURSE FACILITIES CORPORATION FINANCIAL
REPORTS FOR MARCH 2O09
Mr. White reported revenues for the month of March were $1.45 million versus a
budget of $1.65 million. Rounds were down 2% from prior year, but the revenue
was down 13%, so the average rate has dropped approximately $10 per round,
and $6 per round for the year to date. Expenditures were $239,500 versus a
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AUDIT, INVESTMENT, AND FINANCE COMMITTEE
MINUTES APRIL 28. 2009
budget of $246,400, reflecting a $13,000 savings. From an operating
perspective, the course is $53,000 in the black.
G. QUARTERLY ACCOUNT STATEMENTS ON DEFERRED COMPENSATION
PLANS AND RETIREMENT HEALTH SAVINGS PLAN
The report was received and filed.
H. ENERGY INDEPENDENCE PROGRAM SOLAR LOAN FOR VERIDIAN LLC
Chairman Gibson reported that this item was added to the agenda following
discussion at the March meeting, and indicated that Mr. Bill Strausz of Richards,
Watson & Gershon was in attendance to answer any questions regarding the
loan and the program. This is the first commercial loan to be considered under
the program.
Member Loog noted that the key points in the letter from Wells Fargo state that
long-term loans up to twenty years are available to homeowners at 7%. She
asked if commercial owners would be considered homeowners, because typically
residential and commercial loans have different rates, and larger commercial
loans would leave little funding for residential loans. It was noted that it was to
be requested of Council in Phase Three that the maximum loan amount would be
$100,000. The rate for both residential and commercial loans would be 7%.
There was concern regarding the 20-year term, with indications that this period
was too long. It was noted that the Wells Fargo loan would be capped below 7%.
Both Members Loog and Walker stated they were not comfortable with a term of
such length, so it was recommended that during the next phase commercial
loans have a shorter term, such as five to ten years. Following discussion, the
suggestion was to reset the rate after five years using a percentage over a base
index such as the T-bill rate, with a 7% floor. This would apply to all future loans.
Member Loog asked how the interest accrues on the Energy Independence
Program loans. Mr. Hernandez responded that the first payment creates negative
amortization, and following the first payment it would be simple interest. Member
Loog also pointed out that the property owner gets funded through the City, and
can also get tax credits from the government.
Member Loog questioned if the City was checking to determine if residents are
current on their mortgage, to which Mr. Hernandez responded that a title search
is perFormed. This raised concern because a credit report is not obtained and
there is no way to determine from the title search if the mortgage is current, thus
leaving the City unprotected should the owner default. Chairman Gibson
responded that any loans over $30,000 would require consent from the
mortgagor.
Member Wohlmuth requested that Mr. Conlon review the current practice and
what has been discussed for future phases. Mr. Conlon informed the Committee
that the current EIP program stipulates that loans over $60,000 require City
Manager approval, and loans over $200,000 require Council approval. Those
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AUDIT, INVESTMENT, AND FINANCE COMMITTEE
MINUTES APRIL 28. 2009
over $60,000 also require a consent agreement signed by the mortgagor. As of
two weeks ago, the threshold has been lowered to $30,000 instead of $60,000.
Currently, there is no maximum loan amount, so staff is proposing a cap of
$100,000 to be considered for Council approval.
Mr. Conlon also informed the Committee that solar improvements have taken
75% of the funding, leaving only 25% for air conditioner replacement, window
replacement and other energy improvements. Staff is proposing that 50% be set
aside for solar, and the remaining 50% for air conditioning and other energy-
saving improvements.
A title report and title insurance are currently required on the loan, and staff is
reviewing the possibility of underwriting standards for a loan to value ratio.
MOTION that the Veridian loan be approved as presented and
recommended to Council for approval, made by Member Loog, seconded
by Member Walker, unanimously approved.
VI. CONTINUED BUSINESS
None.
VII. OLD BUSINESS
A. PUBLIC AND PRIVATE PARTNERSHIP BACKGROUND CHECKS
No report.
B. PALM DESERT FINANCING AUTHORITY BOND ISSUANCE
Chairman Gibson reminded the Committee that Wells Fargo had submitted a
proposal to fund the Energy loans. The reviewing committee has recommended
that Wells Fargo be moved forward to the Council for acceptance.
Mr. Strausz indicated that the purpose of the proposed Letter of Credit from
Wells Fargo is to enhance the City's credit. They are proposing a variable rate
bond issue, the proceeds of which would be lent to the City and it would be the
City's obligation to repay the debt. The letter of credit would guarantee the bond
payment.
Member Loog requested clarification that the loan was for property owners, not
just homeowners. Staff responded that it was highlighted in the proposal that the
loan would be for both residential and commercial properties. Member Loog also
asked if Wells Fargo was willing to continue funding this program in future
phases, to which Chairman Gibson responded that they would need to review
that in the future, and that it was also staff's intention to secure funding prior to
committing to additional phases.
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AUDIT, INVESTMENT, AND FINANCE COMMITTEE
MINUTES APRIL 28 2009
MOTION to recommend that City Council accept the proposal from Wells
Fargo to provide funding for the Energy Independence Program with the
caveat that commercial loans should have shorter due dates, made by
Member Walker, seconded by Member Wood, unanimously approved.
VIII. INFORMATIONAL ITEMS
Chairman Gibson stated that last year the Committee and the Council had approved a
seven-year contract with Diehl, Evans & Associates to perform independent auditing
services for the City and its entities. This year, staff is recommending that the contract
be continued for its second year if the Committee sees fit. The Committee agreed that
they were very satisfied with the work performed, and that they wished to continue the
second year of the contract. Chairman Gibson responded that he would take the
Committee's recommendation to Council at their next regular meeting.
IX. ADJOURNMENT
There being no further business, this meeting, upon motion duly made, seconded and
carried was adjourned at 10:55 a.m. to the next regular meeting of May 26, 2009.
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Niamh Ortega, Rec ding Secretary
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