2003 12 10 IAB Minutes
INVESTMENT ADVISORY BOARD
Meeting
December 10, 2003
I CALL TO ORDER
Regular meeting of the La Ouinta Investment Advisory Board was called to order at the
hour of 5:30 P.M. by Chairman Lewis, followed by the Pledge of Allegiance.
PRESENT: Chairman Lewis and Board Members Moulin, Olander and
Deniel
ABSENT: Board Member Mahfoud
OTHERS PRESENT: John Falconer, Finance Director, Vianka Orrantia, Secretary
and Mike Harrison, Conrad & Associates
II PUBLIC COMMENTS
III CONFIRMATION OF AGENDA
Mr. Falconer advised the Board that per conversation with Councilman Osborne,
all other Commissions currently have business cards and suggested that the
Investment Advisory Board obtain them. Chairman Lewis suggested this item be
discussed under Board Member items. Board approved.
Chairman Lewis requested that an additional item be discussed under Board
Member items, presentations by Financial Management Firms. Board approved.
IV CONSENT CALENDAR
A. Approval of Minutes of Meeting on December 10, 2003 for the Investment
Advisory Board.
Board Member Deniel advised the Board that on page 3, paragraph 4, 4th
sentence should read:
The current HTE Software the City owns should interface with Union Bank
customers systems or with Wells Fargo Bank customers, systems, and this is
something that Staff could check into.
Mr. Falconer advised the Board that Staff contacted other cities currently utilizing
HTE and that the HTE Software does interface with Wells Fargo Banks system.
Investment Advisory Board December 10, 2003
Minutes
MOTION - It was moved by Board Members Olander/Moulin to approve the
Minutes of November 1 2, 2003 as corrected. Motion carried unanimously.
V. BUSINESS SESSION
A. Transmittal of Treasury Report for October, 2003
Chairman Lewis advised the Board that on page 3, under Restrictions,
Restrictions to per-issuer limits below: 100%, does not contain actual
dollar amounts for Fannie Mae, FHLB, etc...Mr. Falconer suggested to the
Board that the next meeting's Treasurers Report, that Staff could add the
$7.5 million per each item. Chairman Lewis also advised the Board that
on page 3, the same column, under Restrictions, at the bottom it states to
see footnote 1, footnote 1 is not indicated at the bottom of the page.
Staff will make sure that the footnote is placed on next months report.
Board Member Moulin inquired of Staff, referencing the projected sources
of funds on page 5 and in view of the article printed in the local paper
regarding the City of Palm Desert, is the City expecting a short fall or if
the numbers will have to be reviewed? Mr. Falconer advised the Board
that in his opinion the article referenced the City of Rancho Mirage and
there were some inaccuracies in the article. Due to the current state
budget will be some impacts to cities. Mr. Falconer also advised the
Board that in May 2004, the ERAF shift will be $1.2 million. Board
Member Olander asked if Staff knew how much it would impact the
City's budget. Mr. Falconer advised the Board that vehicle license fees
would be impacted around $1.2 million, which would be spread out on a
monthly basis, and this impacts the General Fund. The budget for the
ERAF shift was $4 million; from a cash flow standpoint the City is still
within their budget. Mr. Falconer advised the Board that the third issue
mentioned in the Desert Sun article, the reduction of sales tax, which said
to be cut in half, (which is called a "triple flip"), will not go into affect
until July 2004, which is the new fiscal year. He said there seemed to be
a misunderstanding in the article. As it currently stands now, sales tax
will be reduced in half, with an equal amount of property tax revenue
provided to replace lost the half sales tax. This would affect the City's
cash flow, as property tax payments are received twice a year and sales
tax payments are received each month. The overall effect will not impact
the City.
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Investment Advisory Board December 10, 2003
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Mr. Falconer informed the Board that Staff reviewed the City's numbers
through October 2003 and the City is at 150% of their revenue bud£¡et in
building permits, for the first three/four months of the fiscal year. It
currently looks as if the City is fine through this fiscal year. The vehicle
license fees might be an ongoing issue and could eventually impact the
City.
Board Member Deniel overviewed for the Board the current hike and
reduction of the license fees. Mr. Falconer advised the Board that the
Governor rolled back the fees and cut them 73%; currently there is a
debate between the Governor's administration and the State Assembly
over who will make up the short fall. Mr. Falconer also informed the
Board that the Governor would like to sell bonds to raise money to pay the
cities back, but the Senate and the Assembly do not want to issue bonds.
They feel that all cities will have to bite the bullet just as much as the
state. Board Member Moulin informed the Board that the Governor is
going to the people with a referendum to get this on the March ballot.
General comments were made by the Board regarding the graph created
by Staff. It was suggested that a simple line graph be used.
MOTION - It was moved' by Board Members Moulin/Olander to review,
receive and file the Treasurers Report for October 2003. Motion carried
unanimously.
VI CORIRESPONDENCE AND WRITTEN MATERIAL
A. City of La Ouinta FY 03/04 Audited Financial Statements
Chairman Lewis introduced Mr. Mike Harrison of Conrad & Associates,
presenting the audited financial statement to the Board.
Mr. Harrison presented the audited financial statement advising that the
purpose of the audit is to ascertain whether the financial statements of
the City are in 100 percent compliance. Mr. Harrison advised the Board
that he would give them an overview focusing on the area of investments.
Mr. Harrison informed the Board that the City Council was addressed in
the previous month when the CAFR was completed and reviewed the
City's activities for the year.
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Investment Advisory Board December 1 0, 2003
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Mr. Harrison advised the Board that part of the audit was to evaluate the
internal controls in the investment area. Detailed discussions were held
with the individuals involved as to segregation of duties and making sure
internal controls; this process is thoroughly documented and determines
the strengths and any weaknesses that are in the process. Currently there
are no concerns in the area of weakness, as this was evaluated during the
audit.
Mr. Harrison asked staff whether, due to the City Manager being out on
administrative leave, were the same controls currently in place with the
Assistant City Manager, Mark Weiss. Mr. Falconer replied that the policy
states that when the City Manager is not present than the Assistant City
Manager acts in his place. Mr. Harrison advised the Board that when
controls are evaluated that the auditors look for controls, functions and
positions that are in place. It has been indicated what the City Manager's
functions are and in his absence they continue.
Mr. Harrison advised the Board that there were no investments sold prior
to maturity. The auditors went through and evaluated investment
compliance, not only with the investment policy as it was adopted in June
of 2002, (which was for 02/03 fiscal year), but also that the policy was in
compliance with the government code, and noted that the City policy is
more restrictive. The auditors prepare work papers documenting tests
completed during the course of the audit. Cash investments were
confirmed 100%, all bank accounts, all investments with LAIF, third party
custodians and fiscal agents were verified 100%. As for marking to
market, the portfolio and the fiscal agent was "under water" about
$22,000, with the rest of the portfolio "above water" about $250,000.
Every year the balance sheet date is looked at to determine whether or not
market and costs are approximately the same or if there is material
difference. Materiality levels for the City, under GASB 34 are determined
at the major fund level, which would be the General Fund and five other
funds that are identified, and all the other 38 funds are identified under
aggregate numbers.
If the approximat~ by $230,000 were "diced", where market value is
above where they ,are being carried at in the financial statements, which is
approximately $113 million at June 30, this amount is insignificant to
"dice up" based upon the materiality thresholds. Materiality thresholds
on the major funds are well above what would have been allocated to
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Investment Advisory Board December 10, 2003
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them. In response to Board Member Deniel, Mr. Harrison informed the
Board that the materiality levels on all the major funds were set as to
what could be passed on adjustments, and the total that is being
discussed is about $230,000 across the whole $113 million. If this was
marked to market the amount would be higher, because at June 30th the
market value was higher than what was being carried on the books. Mr.
Harrison informed the Board that for purposes of recording in the financial
statements, in the Investment Policy it does state they have been marked
to market and for all materiality purposes they have. If there had been
millions of dollar worth of difference, than the auditors would have asked
the City to go back and allocate the unrealized gains or losses, or
whatever the situation might have been, to those major funds or the other
funds in the aggregate and journal entries would have to take place to the
other 45 funds of the City.
Board Member Moulin asked the Board referencing page 37 of the
Investment Policy, if the first paragraph was changed in the past year to
read that the carrying amount difference is significant or material. Mr.
Harrison stated to the Board that this was probably changed within the
last two years. Board Member Moulin stated to the Board that the second
paragraph reads "changes that occur are recognized," which is a little
different from the first paragraph which seems inconsistent. Mr. Harrison
advised the Board that in paragraph two, what is trying to be said is that
you follow the policy within the materiality limits, Mr. Harrison stated that
at some point they were asked to change what is written in paragraph
one, which typically is not written. Board Moulin advised the Board that
at one point this was an issue with a former board member and that Board
Member felt very strongly that this should be mark to market. The Board
felt this was not relevant because of the policy "hold to maturity," but
obviously in a declining market, there will be a plus and in a rising market
there will be a negative. Mr. Harrison advised the Board there should be
no problem, that the wording was modified due to a request. Board
Member Deniel suggested that the wording in the second paragraph might
be changed to read "material changes in fair value that occur are
recognized," to comply with the first paragraph. Board Member Moulin
reminded the Board that the wording could not be changed at this time.
Mr. Harrison stated to the Board that "materiality" affects the whole
audit, not just the investments, that this could be possibly inserted
throughout, but that as we are trying to stay away from inserting it at all,
it should be something in the work papers as opposed to what is in the
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Investment Advisory Board December 10, 2003
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audit report. Board Member Moulin suggested rewording the first
paragraph. Chairman Lewis advised the Board that he didn't have a
problem with the way the first paragraph is worded, Board Member Deniel
concurred.
Mr. Harrison stated to the Board that as far as management letter
comments, as reported to the City Council last month, there are no
reportable conditions of material weaknesses in the City, so there is
nothing to report back in terms of investment related comments, and there
were no housekeeping comments in the investment area. This does
reflect the great amount of attention in this particular area. Mr. Harrison
commented to the Board that he reads through the minutes and can see
there is a great amount of attention paid to investment compliance. Mr.
Harrison also commented to the Board that this probably stems from the
Steven Wymer situation, in which the City did incur an investment loss to
a certain degree. The City's investment committee is doing more than
most cities that have $113 million in their investment portfolio. Conrad
and Associates audit 46 cities and out of the 46 cities, two or three of
them have Investment Committees; this places the City of La Ouinta up
on top, because this reflects the attention focused in this area.
Mr. Harrison informed the Board that there is a statement on the horizon
for the 04/05 investment policy, GASB 40. GASB 40 will change what
will go on the cash footnote disclosures. Prior to the upcoming adoption
of the new investment policy for fiscal year 04/05, the Treasurer should
suggest where the investment policy wording will need to be modified.
For the fiscal year 04/05 there will be a lot of disclosures in the financial
statements required.
Mr. Harrison reviewed for the Board GASB 40, deposit and risk
disclosures. This is an amendment of a previous GASB Statement, GASB
3. GASB 3 was following custodial risks, how investments were being
held. Over a period of time, it was found that category one and category
two were not a real meaningful disclosure anymore, with the history that
they had had. What is meaningful is to have investments uncollateralized,
(referring to category three), and that this still remains as far as custodial
risks are concerned. What objectives and that the new statement is
establishing comprehensive disclosure requirements for risk in the
investment area, going beyond what GASB 3 did. It will include
disclosures requirements for credit risks, including custodial credit risk and
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Investment Advisory Board December 10, 2003
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concentrations of credit risk. It will also include disclosures on interest
rate risk and if there is any, foreign currency risk. This will supersede
what is in GASB 3, for pension funds, which does not relate to the City of
La Ouinta and also supersedes a couple of other GASB statements. In
general, the disclosure principles are that the City has to organize their
investment types, such as treasuries, bonds, commercial paper, etc... The
City will not be able to aggregate dissimilar investments in the notes to
the statements. As an example, in the City of Anaheim, the investment
risk is greater for the stadium which is a major fund, than it was for other
funds, and the risk would have to be disclosed in that particular area. So
for the City of La Ouinta the deposit risks and investment policies relating
to this will have to be disclosed, of which a great deal is currently being
done now, such as limitations, but there will still need to be modifications
made the more that this is reviewed, from the investment policy stand
point. Mr. Harrison advised the Board that before entering into the new
fiscal year (04/05), any training offered regarding GASB 40 should be
taken prior to June. Conrad & Associates will conduct training on GASB
40 in April of 2004. Mr. Harrison advised the Board that the State of
California is pretty specific but other states might not be as specific in the
government code. GASB 40 states that disclosure is required if the
investment policy does not address specific risks. The City's policy
currently does address specific risks. As an example, if the government
code had a particular bond rating that was required, and the City was
more stringent then the Government Code, than the City would have to be
very specific about this. The credit quality rating of investments and debt
securities is going to be required as a disclosure. In response to Mr.
Falconer, Mr. Harrison advised the Board that this can be done by
aggregating the amount of investments by rating categories. No credit
quality disclosures are required for U.S. Government Securities, such as
Treasuries and Agencies. Chairman Lewis asked if they differentiate
between Agencies and GSE's. Mr. Harrison replied that they did not in
the disclosure. Mr. Harrison also advised the Board that the pools will
also have to ante up with all the disclosures, such as LAIF. LAIF will have
to produce the information so all the local governments that have money
in LAIF can put the appropriate disclosure in their own statements. In
response to Chairman Lewis, Mr. Harrison advised that Board the for
those cities under the $40 million threshold, most put their money in LAIF,
so the auditors will have work with putting the disclosures in the
statements. Mr. Harrison informed the Board that there is a disclosure
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Investment Advisory Board December 10, 2003
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required if the investment is unrated and should have had a credit quality
rating.
Board Member Moulin stated that that Investment committee does not
really review the custodians, currently most of it is with the Bank of New
York. Should the Investment Board be reviewing this more carefully or
should this be split between custodians, what is the intent? Mr. Harrison
advised the Board that the intent of having a third party custodian is to
have the delivery vs. payment setup so you do not have the same person
or department that is handling a book of security form. This is meant to
be an independent party and the transaction has to go through that
independent party. Board Member Moulin asked if the City would be
disclosing custodial activities. Mr. Harrison replied not for the third party
custodian, only if the City was exposed to custodial credit risk, which it
wasn't since it was being handled by a third party custodian. Chairman
Lewis reminded the Board that was reason why the Investment Board was
created, because at the time there was a custodial risk and there wasn't
a third party. Mr. Falconer advised the Board that one of the areas to
think about is that some of the bond issues require a certain credit rating
for money market funds and staff will have to contact Standard and Poors
to make sure the money market funds are at that credit rating. Chairman
Lewis advised the Board that some of the funds do not bother to get the
rating because there is a cost incurred to obtain a rating. Mr. Falconer
advised the Board that this is one item that has to be disclosed. Mr.
Harrison asked if some of the money market funds are unrated. Mr.
Falconer stated that the bond indenture requires that certain credit quality
for money market funds and the investment policy does not.
Mr. Harrison advised that the City would have to disclose whatthe credit
quality rating that was required as a part of the bond document. Board
Member Deniel requested from staff a copy of the GASB 40 summary.
Mr. Harrison stated to the Board that interest rate risk would need to be
reported; however, the interest rate risk is managed by weighted average
maturity or by specific identification. Mr. Falconer advised the Board that
staff would be categorizing the investments by weighted average
maturity; currently staff reports the weighted average maturity for the
entire portfolio. Mr. Harrison stated there will be notes to the financial
statements organizing interest rate risk information by investment type
using one of several methods and weighted average maturity is one them.
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Investment Advisory Board December 10, 2003
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GASB states to use the disclosure method most consistent with the way
that you manage the interest rate risk. This is what the City will have to
disclose, showing the weighted average maturity by investment type, by
one of the methods. Mr. Harrison advised the Board that the important
thing for the Board is to "fine tune" the investment policy.
Board Member Moulin asked if, due to the fact that the policy was
changed in fiscal year 03/04 and due to the Embassy Suites Hotel and
SilverRock Ranch activities, from an audit standpoint and disclosure
standpoint, would this be covered by any of the material. Mr. Harrison
replied to the Board that if this was an investment, that the answer would
have to be no.
Mr. Harrison advised the Board that there are also disclosures to debt
instruments that are highly sensitive to interest rate changes, if there are
contract terms that include such terms as multipliers, indexes or reset
dates. The effective dates for GASB 40 for periods beginning after June
15, 2004, will be the new upcoming fiscal year. Mr. Harrison stated to
the Board that even if Mr. Falconer implemented this in the next fiscal
year, he felt that LAIF would not early implement, so the City would just
have to state that this information was not available. Chairman Lewis
suggested that this could be footnoted as preliminary. Mr. Falconer
suggested to the Board that the other option is to continue under the
current policy and do a duplicate footnoting of how it would look under
the new standards. Mr. Harrison advised the Board that early application
is encouraged.
Board Member Moulin asked if there were any proposed audit
adjustments. Mr. Harrison replied that the only item was the mark to
market, which was passed due to immateriality. Board Member Deniel
asked if there were any recommendations for improvement as far as
investment process. Mr. Harrison replied that the auditors were satisfied
that the internal controls were adequate to safeguard the assets of the
City, which is the objective they look for. Due to the limited number of
personnel in the Finance Department, they have sound internal controls
over wire transfers, segregation of duties, verifications of amounts coming
back on execution of trades, approvals from City Manager and what the
Treasurer does. Mr. Harrison stated to the Board that the only concern
was that the City Manager is out on administrative leave and there is
another person that is suppose to be fulfilling the checks and balance
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Investment Advisory Board December 10, 2003
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approval process, so it is up to the Treasurer to educate the Acting City
Manager of what his responsibilities are with relationship to the checks
and balances approval process.
Board Member Moulin asked if there were any disagreements with
Management for cash and investments. Mr. Harrison stated there were
none.
Noted and Filed
B. Month End Cash Report - November 2003
Noted and Filed
C. Pooled Money Investment Board Report - September 2003
VII BOARD MEMBER ITEMS
General discussion ensued amongst the Board regarding business cards and it
was the consensus of the Board not to purchase them.
Board Member Moulin commended the Audit firm, Conrad and Associates; and
also wanted to thank Staff on a job well done.
Chairman Lewis suggested to the Board that investment information
presentations possibly be scheduled in the month of February. Chairman Lewis
stated that he had someone in mind as well as Board Member Deniel. Chairman
Lewis suggested that the presentations be 10 to 1 5 minutes with a 10 to 1 5
minute question and answer period and that this will be just for informational
purposes. Board Member Olander suggested to the Board that the presenters
would submit an executive summary prior to their presentations. Chairman
Lewis suggested that the Board meet earlier than the normal scheduled time, of
5:30 and suggested 4:30. Board Member Olander suggested that an invitation
to the City Council be made. Mr. Falconer advised the Board that the City has a
weekly item of interest memorandum that is sent to the City Council Members,
this could be added. Chairman Lewis suggested to the Board that the business
items be conducted prior to the presentations.
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Investment Advisory Board December 10, 2003
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VIII Adjournment
MOTION - It was moved by Board Members Moulin/Olander to adjourn the
meeting at 6:30 p.m. Motion carried unanimously.
Vianka Orrantia
Secretary
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