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2011 03 15 FA MinutesLA QUINTA FINANCING AUTHORITY MINUTES MARCH 15, 2011 A regular meeting of the La Quinta Financing Authority was called to order by Chairman Adolph. PRESENT: Board Members Evans, Franklin, Henderson, Sniff, Chairman Adolph ABSENT: None PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES MOTION - It was moved by Board Members Sniff /Evans to approve the Financing Authority Minutes of February 15, 2011 as submitted. Motion carried unanimously. CONSENT CALENDAR 1. RECEIVE AND FILE TREASURER'S REPORT DATED JANUARY 31, 2011 2. RECEIVE: AND FILE REVENUE & EXPENDITURES REPORT DATED JANUARY 31, 2011 3. ADOPTION OF A RESOLUTION AMENDING THE INVESTMENT POLICY OF THE CITY OF LA QUINTA FOR FISCAL YEAR 2010 -2011 (RESOLUTION NO. 2011 -001) MOTION - It was moved by Board Members Sniff /Franklin to approve the Consent Calendar as recommended with Item No. 3 being approved by Resolution No. 2011 -001. Motion carried unanimously. BUSINESS SESSION - None CHAIR AND BOARD MEMBERS' ITEMS - None Financing Authority Minutes 2 March 15, 2011 PUBLIC HEARINGS 1. JOINT PUBLIC HEARING AMONG THE CITY BOARD OF THE CITY OF LA QUINTA, THE LA QUINTA REDEVELOPMENT AGENCY AND THE LA QUINTA FINANCING AUTHORITY TO CONSIDER RESOLUTIONS REGARDING THE ISSUANCE OF REDEVELOPMENT PROJECT AREAS 1 AND 2 TAXABLE BONDS AND RELATED DOCUMENTS Chairman Adolph opened the Financing Authority meeting. Chairperson Henderson reconvened the Redevelopment Agency meeting. Finance Director Falconer presented the staff report. In response to Board Member Sniff, Ms. Robin Thomas explained Project Area No. 1 bond issues will expire in 2034 with Project Area No. 2 expiring in 2039; confirmed new debt cannot be acquired during the term of the bonds; explained there are four different bonds, two for housing, one for Project Area No. 1 and one for Project Area No. 2; stated the rate is unknown for all four bonds at this time; and stated the total amount for the new bond issues is $78 million. Ms. Thomas further explained the tax increment has been calculated with no growth the next year and it is customary to have a financing coverage amount built in with $1.30 revenue for every dollar spent for La Quinta. Board Member Sniff asked how we pay these loans off if tax increment money continues to be reduced. Ms. Thomas explained there is enough built in the financing component the City can prorate several more years of reduced assessed value before it becomes a problem. Board Member Sniff asked what the cost of bonds is. Ms. Thomas stated the interest rate today is just under 3% on an A rating, and the City may fall at an A+ rating with a low 1.5% rate. Finance Director Falconer stated the cost is $998,000. In response to Board Member Sniff, Ms. Thomas stated the life span of the bonds for Project Area No. 1 goes to 2034 and Project Area No. 2 to 2039; explained the payment of the annual cost for the bonds come from tax increment funds; explained the City receives $15 million in tax increment annually in Project Area No. 1, with a Financing Authority Minutes 3 March 15, 2011 debt service of $12.8 million, and Project Area No. 2 generates $2.2 million with a debt service of $1.4 million; and explained according to redevelopment law the City must have debt to receive tax increment funds. Board (Member Sniff asked what the cost is in total for the life of the bond issues. Ms. Thomas explained the total for Project Area No. 1 is $300,000,000, and to repay all debt and Project Area No. 2 is $34,000,000. Board Member Sniff stated there is a limitation to the amount of debt the City should acquire; conveyed his concern on acquiring more than the City can bear; and with tax increment going down continually, there is a risk factor. Ms. Thomas stated the issuance of bonds has been approached conservatively with staff's input, and would not put the City at risk. Board Member Franklin asked if how staff came to the amount of the four bonds. Ms. Thomas explained staff tried to issue as much debt as can obtain and still leave enough funding for administrative costs. Board Member Franklin conveyed her concern of the amount of debt issued and the little amount of funds left over. Board Member Evans concurred with the concern of Board Member Franklin; stated the City was built by taking risks; stated it may or may not need to happen right away and by empowering the City Manager will give flexibility to issuing the bonds; and stated she will support the recommendation. Board Member Henderson stated the bond consulting firm technically has a fiduciary responsibility to the City. Thomas confirmed, and stated the success of her firm and competitors is to provide excellent customer service. Board Member Henderson stated the City has previously insured bonds. IVIs. Thomas confirmed and explained the current insurer filed bankruptcy two months ago, but was required to set aside reserves to cover the bonds insured. Board Member Henderson asked if the holders of the bond issues would get paid. Ms. Thomas confirmed. Board Member Henderson asked if the City continues to maintain insurance on the Transient Occupation Tax (TOT). Finance Director Financing Authority Minutes 4 March 15, 2011 Falconer explained the City continues to carry catastrophic insurance for the La Quinta Hotel. Board Member Henderson stated she does not believe the market will recover in five years but will take longer; stated the resetting of the mortgages will put homes back on the market and there is no formula for moving forward; understands why the City must protect these funds; and stated there is a need to have operating costs established and feels staff has done the best job they can at this time. Mayor Adolph agreed with the comments made by the Board Members; the housing market was at its peak in 2006 and 2007; and asked if it is necessary move forward on the housing bonds and hold on the other bond issues depending on the governor's actions. Finance Director Falconer explained there is $2.3 million of estimated excess in Project Area No. 1 and $1.4 in Project Area No. 2, and an estimated amount of $3.7 million excess for housing; explained the $78 million in bond issue will substitute the $40 million used to pay- off the General Fund. Mayor Adolph stated that all we are dong is protecting ourselves. Finance Director Falconer stated staff will set aside 10% for debt service and the Treasurer will maintain the $7.8 million as a reserve in case of a short fall. City Manager Genovese stated in light of the concern of the margin, staff can run numbers at 135 coverage or 140 coverage ratio; and stated the Authority currently have bond insurance on a couple of current bond issues, can the City be selective on which debt service it pays. Ms. Thomas stated the City cannot be selective and the bonds are written where the City must meet a parody tax which makes all the bonds equal. Board Member Sniff asked what the legal risk in issuing the bonds is and will it be challenged by the State. City Attorney Jenson stated she does not see a basis for the State to challenge the bond issue; does think the State recognizes the existing bonded indebtedness; there will be issues and if the legislation goes through, and the sale had not been done, the City would not be able to proceed. Ms. Thomas explained the bond contract has a cancelation clause if the bond does not go through, the City can cancel at no cost. City Attorney Jenson stated the only thing that is pledged is the tax increment, no other funding sources can be taken. Financing Authority Minutes 5 March 15, 2011 Board Member Franklin asked where the $7.8 million would be placed. Finance Director Falconer explained the funds will be invested with US Bank Trustee and on a parity basis will invest in Treasury Bonds with a five year maximum to have quick access to the funds. Board Member Henderson asked if the interest will be reinvested into the account. Ms. Thomas explained usually interest earnings get transferred into an interest account to reduce the next debt service payment. The Mayor /Chairman Adolph, and Chairperson Henderson declared the PUBLIC HEARING OPEN at 7:49 p.m. There being no requests to speak, the Mayor /Chairman and Chairperson declared the PUBLIC HEARING CLOSED at 7:49 p.m. RESOLUTION NO. FA 2011 -002 A RESOLUTION OF THE FINANCING AUTHORITY OF THE CITY OF LA QUANTA, CALIFORNIA, AUTHORIZING THE ISSUANCE OF LOCAL AGENCY TAXABLE REVENUE BONDS, 2011 SERIES A, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY -EIGHT MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS ($28,850,000), APPROVING THE EXECUTION OF AN INDENTURE OF TRUST, SECOND SUPPLEMENTAL LOAN AGREEMENT, PURCHASE CONTRACT, OFFICIAL STATEMENT AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO It was moved by Board Members Henderson /Franklin to adopt Resolution No. FA 2011 -002 as submitted. Motion carried by a vote of 4 -1, with Board Member Sniff dissenting. ADJOURNMEN There being no further business, it was moved by Board Members Sniff /Evans to adjourn. Motion carried unanimously. Respect Ily submitted, VERONICA J,,fi NTECINO, Secretary City of La Quinta, California