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2014 04 15 FAOF FINANCING AUTHORITY AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, APRIL 15, 2014 AT 4:00 P.M. CALL TO ORDER ROLL CALL: Authority Members: Evans, Franklin, Henderson, Osborne, Chairperson Adolph PUBLIC COMMENT At this time, members of the public may address the Financing Authority on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. The Financing Authority values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA APPROVAL OF MINUTES PAGE 1. MINUTES OF MARCH 18, 2014 3 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. RECEIVE AND FILE TREASURER'S REPORT DATED JANUARY 31, 5 2014 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT 7 DATED JANUARY 31, 2014 FINANCING AUTHORITY AGENDA APRIL 15, 2014 BUSINESS SESSION 1. ADOPT RESOLUTION AMENDING AND RESTATING BYLAWS 11 AND RULES OF PROCEDURE [RESOLUTION FA 2014-0021 CHAIR AND BOARD MEMBERS' ITEMS - NONE PUBLIC HEARINGS - NONE ADJOURNMENT For information regarding the date of the next meeting of the Financing Authority, please contact the City Clerk's Office at 760-777-7000. DECLARATION OF POSTING I, Susan Maysels, Authority Secretary of thf hereby declare that the foregoing agenda fo meeting was posted near the entrance to the Tampico and on the bulletin boards at the La Avenida Bermudas and at the Stater Brothers on April 11, 2014. DATED: April 11, 2014 SUSAN MAYSELS, Authority Secretary La Quinta Financing Authority La Quinta Financing Authority, do the La Quinta Financing Authority Council Chambers at 78-495 Calle Quinta Cove Post Office at 51-321 Supermarket 78-630 Highway 1 1 1, Public Notices Any writings or documents provided to a majority of the Financing Authority regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. FINANCING AUTHORITY AGENDA 2 APRIL 15, 2014 FINANCING AUTHORITY MINUTES TUESDAY, MARCH 18, 2014 A regular meeting of the La Quinta Financing Authority was called to order at 7:1 1 p.m. by Chairperson Adolph. PRESENT: Authority Members Evans, Franklin, Henderson, Osborne, Chair Adolph ABSENT: None PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES MOTION - A motion was made and seconded by Authority Members Evans/ Henderson to approve the minutes of February 18, 2014 as submitted. Motion passed unanimously. CONSENT CALENDAR 1. RECEIVE AND FILE TREASURER'S REPORT DATED DECEMBER 31, 2013 2. RECEIVE AND FILE REVENUE AND EXPENDITURES REPORT DATED DECEMBER 31, 2013 MOTION - A motion was made and seconded by Authority Members Franklin/ Evans to approve the Consent Calendar as recommended. Motion passed unanimously. BUSINESS SESSION 1. RESOLUTION APPROVING ISSUANCE AND SALE OF SUBORDINATE TAX ALLOCATION REFUNDING BONDS [RESOLUTION FA 2014-0011 MOTION - A motion was made and seconded by Authority Members Evans/ Franklin to adopt Resolution FA 2014-001 entitled: RESOLUTION OF THE LA QUINTA FINANCING AUTHORITY AUTHORIZING THE EXECUTION OF THE ESCROW AGREEMENT FINANCING AUTHORITY MINUTES 1 MARCH 18, 2014 3 RELATING TO THE REFUNDING OF THE 2004 TAX ALLOCATION REFUNDING BONDS (HOUSING BONDS) Motion passed unanimously. CHAIR AND BOARD MEMBERS' ITEMS - None PUBLIC HEARINGS - None ADJOURNMENT There being no further business, it was moved and seconded by Authority Members Evans/Henderson to adjourn at 7:12 p.m. Motion passed unanimously. Respectfully submitted, SUSAN MAYSELS, Authority Secretary La Quinta Financing Authority FINANCING AUTHORITY MINUTES 2 MARCH 18, 2014 4 u�it,�cv OF CITY / SA / HA / F4 MEETING DATE: April 15, 2014 AGENDA CATEGORY: ITEM TITLE: RECEIVE AND FILE TREASURER'S REPORT BUSINESS SESSION: DATED JANUARY 31, 2014 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Receive and file. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: Per City Investment Policy, the Treasurer's Report is presented on a monthly basis and reflects monthly cash balances, investment activities, and the portfolio performance. The City pools all cash and investments. Therefore, a separate report for each reporting entity is not issued. The combined report for all entities is presented in the City Council's consent item staff report. ALTERNATIVES: None. Report prepared by: Patrick Griffin, Interim Finance Director Report approved for submission by: Frank J. Spevacek, City Manager 5 OF �9'4• CITY / SA / HA / FA MEETING DATE: April 15, 2014 AGENDA CATEGORY: ITEM TITLE: RECEIVE AND FILE REVENUE AND BUSINESS SESSION: EXPENDITURE REPORTS DATED JANUARY 31, 2014 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Receive and file. EXECUTIVES SUMMARY: • Revenue and expenditure reports are submitted to the Financing Authority for review. • The reports summarize year-to-date revenues and expenditures of the Financing Authority. FISCAL IMPACT: None. BACKGROUND/ANAYLSIS: Revenue and expenditure reports are submitted to the La Quinta Financing Authority monthly to review, receive, and file. Attached are the January 31, 2014 Statements of Revenues and Expenditures for the Financing Authority (Attachments 1 and 2, respectively). The La Quinta Financing Authority has collected 87.0 percent of its projected revenues through January 31, 2014. Expenditures are at 87.5 percent of the budgeted amounts. The revenue and expenditure difference is funded from Financing Authority reserves. Revenues received are transferred from the General Fund to pay for the interest and principal payments for the Civic Center bonds. ALTERNATIVES: None. Report prepared by: Patrick Griffin, Interim Finance Director Report approved for submission by: Frank J. Spevacek, City Manager Attachments: 1 . Revenue Reports for January 31, 2014 2. Expenditure Reports for January 31, 2014 3. Investment Summary Report for Quarter ending March 31, 2014 8 ATTACHMENT 1 LA QUINTA FINANCING AUTHORITY REVENUE DETAIL DEBT SERVICE REVENUE: Contractual Services Fees Non Allocated Interest Rental Income Transfer In TOTAL DEBT SERVICE TOTAL FINANCING AUTHORITY 07/01/2013 - 01/31/2014 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 5,000.00 0.00 5,000.00 0.000% 0.00 1.46 (1.46) 0.000% 673,400.00 590,043.75 83,356.25 87.620% 0.00 0.00 0.00 0.000% 678,400.00 590,045.21 88,354.79 86.980% 678,400.00 590,045.21 88,354.79 86.980% ATTACHMENT 2 LA QUINTA FINANCING AUTHORITY EXPENDITURE SUMMARY DEBT SERVICE EXPENDITURES SERVICES BOND PRINCIPAL - 1996 BOND INTEREST - 1996 TRANSFER OUT MID -YEAR ADJUSTED BUDGET REQUESTS BUDGET 1/31/2014 REMAINING EXPENDITURES ENCUMBERED BUDGET 6,000.00 6,000.00 2,901.00 0.00 3,099.00 495,000.00 495,000.00 495,000.00 0.00 0.00 176A00.00 176,400.00 95,043.75 0.00 81,356.25 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE 677,400.00 0.00 677,400.00 592,944.75 0.00 84,455.25 TOTAL FINANCING AUTHORITY 677,400.00 0.00 677,400.00 592,944.75 0.00 84,455.25 W {' f t ' Ir w OF T1�� CITY / SA / HA / FA MEETING DATE: April 15, 2014 ITEM TITLE: ADOPT RESOLUTION AMENDING AND RESTATING BYLAWS AND RULES OF PROCEDURE RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution approving the Amended and Restated Bylaws and Rules of Procedure. EXECUTIVE SUMMARY: Due to changes in law, policy, and/or practice, amendments to the Rules of Procedure ("Rules") are necessary from time -to -time. At the January 21, 2014 Council meeting, Council formed an Ad Hoc Committee consisting of Councilmembers Evans and Franklin to review the Rules. A thorough examination of all sections of the Rules was undertaken to incorporate changes in State law, improvements in technology, increased emphasis on transparency, and evolved practices. The Council Rules will now be the master document containing all matters common to every City government body. The Housing Authority, Financing Authority, and Successor Agency Rules are consistent with each other and contain only the provisions specific to that government body. FISCAL IMPACT: Financing Authority and Successor Agency Members serve without pay, but Housing Authority Members are entitled to $50 per meeting. The anticipated savings due to the reduction of regular Housing Authority meetings from monthly Is to quarterly is $1,600 in salaries (Councilmember Henderson waives pay for these meetings.) Savings of paper, equipment wear and tear, and staff time will also result from the reduction in agenda packet production. BACKGROUND/ANALYSIS: With the exception of sections discussed below, all changes to the Rules reflect current practice, recently enacted State law, or accomplish the goals of logical organization and consistency. HOUSING AUTHORITY Section 5 Regular Meetings — The Housing Authority has been meeting monthly since it was established in October 2009. The dissolution of the Redevelopment Agency and the completion of several major housing projects have slowed housing development activity. Staff estimates that quarterly meetings will be sufficient to address housing business going forward. If an additional meeting is needed, a special meeting may be called at any time. A redlined version of the Housing Authority Rules is included as Attachment 1 . FINANCING AUTHORITY The Financing Authority, which was created in 1988, did not have formal Rules but the Joint Exercise of Powers Agreement (JEPA) that established the Authority, and Resolution Nos. FA1988-001, FA2006-003 addressed many of the matters typically included in Rules documents. The new Rules were created by pulling relevant provisions from these three documents and using the amended and restated Housing Authority Rules document as a template. Section 5 Meetings — From 1988 to 2006, the Financing Authority was only required to meet on the first Tuesday of the month preceding the date it expected to purchase bonds or other evidence of indebtedness. During the years 1988 to 1999, the Authority met, on average, three times per year. Starting in 2000 and continuing to the present, the Authority has met monthly. There is no record of Authority Members formalizing this change, nor is there any staff report or minutes addressing it until 2006. The change to monthly meetings was formalized with the adoption of Resolution No. FA2006-003 but the accompanying staff report and resolution "whereas" sections do not explain the reason for the change to monthly meetings. Based on research of State and Municipal Code, meeting requirements for the Financing Authority are not specific days, or frequency. Financing Authorities are only required to meet to take action on certain matters. Therefore, the text of Section 5 calls for meetings to occur as needed to take action on necessary annual budgets, annual investment policies, annual financial reports, and bond items. Since no regular meeting day is being set, as -needed meetings will be labeled `Pa special meetings. To each meeting called, staff will add Consent Calendar items such as approval of minutes, revenue and expenditure report(s), and treasurer's reports that are pending since the last meeting. No operational problem or conflict with State Code arises from less frequent approval of minutes or routine Finance Department reports. SUCCESSOR AGENCY The Successor Agency has not adopted Rules. In developing Rules for the Agency, the amended and restated Housing Authority Rules template was used since most provisions are common to both bodies. Section 5 Meetings — The Successor Agency has been meeting twice per month following every Council meeting since its creation in 2012. The purpose of the Agency is to wind down the affairs of the dissolved Redevelopment Agency and as such, the text of Section 5 states that it shall meet as needed when action is required on these matters. State law is silent on the frequency of Agency meetings. As with the Financing Authority above, staff will bring accumulated minutes and finance reports to each meeting called and meetings will be labeled special meetings. ALTERNATIVES: With the exception of provisions required by State law, Council may add, delete, or amend any existing or proposed section of the Rules. Report prepared by: Susan Maysels, Secretary Report approved for submission by: Frank J. Spevacek, Executive Director 13 14 RESOLUTION NO. FA 2014 - A RESOLUTION OF THE LA QUINTA FINANCING AUTHORITY OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPT AMENDED AND RESTATED BYLAWS AND RULES OF PROCEDURE FOR MEETINGS, RELATED FUNCTIONS, AND ACTIVITIES WHEREAS, pursuant to the Joint Exercise of Powers Act, the City of La Quinta (the "City") and the La Quinta Redevelopment Agency (the "RDA") executed a Joint Exercise of Powers Agreement dated November 3, 1988 (the "Original Agreement") whereby the City and the RDA created and established the La Quinta Financing Authority (the "Authority"); WHEREAS, as part of the 201 1 /2012 State budget bill, the California Legislature enacted and the Governor signed, Assembly Bill 26 ("ABx1 26") requiring that each redevelopment agency be dissolved, and on December 29, 2011, the Court upheld ABx 1 26; and WHEREAS, on January 2, 2012, the City Council adopted Resolution 2012- 002, affirmatively electing to be the Successor Agency to the dissolved La Quinta Redevelopment Agency ("Successor Agency"); and WHEREAS, on June 27, 2012, the California Legislature enacted, and the Governor signed, Assembly Bill 1484 ("AB 1484"), which, among other things, made certain revisions to certain of the statutes added by ABx1 26; and WHEREAS, on March 18, 2014, the City and the Successor Agency executed an Extension to the Original Agreement (the "Extension"), which extended the term of the Original Agreement; and WHEREAS, the Authority desires to adopt amended and restated bylaws and rules of procedure for the general operation of the Authority and conduct of its meetings, which shall supersede previous resolutions addressing these matters. NOW, THEREFORE, BE IT RESOLVED by the Financing Authority of the City of La Quinta, California, as follows: SECTION 1 . The Amended and Restated Bylaws and Rules of Procedure of the La Quinta Financing Authority, a copy of which is attached hereto as Exhibit "A" and incorporated herein are hereby approved. IN Resolution No. FA 2014- Amended & Restated Bylaws & Rules of Procedure Adopted: April 15, 2014 Page 2 of 7 SECTION 2. The Financing Authority Chairperson and Executive Director are authorized and directed to take such actions and execute such documents as may be necessary to implement and affect this Resolution and the Bylaws on behalf of the Financing Authority. SECTION 3. The Authority Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Financing Authority held on this day of 2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Chairperson La Quinta Financing Authority ATTEST: SUSAN MAYSELS, Secretary La Quinta Financing Authority (AUTHORITY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, Authority Counsel La Quinta Financing Authority Ir-1 Resolution No. FA 2014- Amended & Restated Bylaws & Rules of Procedure Adopted: April 15, 2014 Page 3 of 7 EXHIBIT A AMENDED AND RESTATED BYLAWS AND RULES OF PROCEDURE OF THE LA QUINTA FINANCING AUTHORITY SECTION 1. CITY COUNCIL RULES OF PROCEDURE INCORPORATED Except as provided otherwise herein, the provisions of the Rules of Procedure for City Council Meetings and Related Functions and Activities shall apply to the La Quinta Financing Authority and are hereby incorporated by reference as currently written and as amended from time to time. SECTION 2. NAME OF AUTHORITY. The official name of the City of La Quinta Financing Authority shall be the "La Quinta Financing Authority" (herein referred to as "Authority"). SECTION 3. SEAL OF AUTHORITY. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. SECTION 4. OFFICE OF AUTHORITY AND PLACE OF MEETING. The office and regular place of meeting of the Authority shall be at the La Quinta City Hall, 78-495 Calle Tampico, La Quinta, California. The Authority may hold its meetings at such other locations as the Authority may from time to time designate by resolution, in the order of adjournment, or notice of call of any special meeting. SECTION 5. MEETINGS The Authority shall meet as needed to (1) review and adopt the Authority's annual budget, (2) review and file the Authority's Comprehensive Annual Financial Report, and (3) approve the purchase or issuance of bonds or other evidence of indebtedness. The time of the meeting shall be that designated in the Rules of Procedure for Council Meetings and Related Functions and Activities, as it currently exists or as amended from time to time. All such meetings will be noticed as special meetings under the Brown Act. SECTION 6. POWERS. The Authority shall be vested with all the rights, powers, duties, privileges, and immunities established by Articles 1 and 2 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California ("Joint Exercise of Powers Act") and the Joint Exercise of Powers Agreement by and between the City of La `n Resolution No. FA 2014- Amended & Restated Bylaws & Rules of Procedure Adopted: April 15, 2014 Page 4 of 7 Quinta and the Successor Agency to the dissolved Redevelopment Agency ("Successor Agency"), and all amendments and extension thereto, which powers shall be vested in the Authority Members thereof then in office, who reserve unto themselves the right to delegate such powers as are appropriate and permissible by law. SECTION 7. AUTHORITY MEMBERS. The members of the Authority shall be, at all times, members of the Successor Agency. Each member's term of office as a member of the Authority shall terminate when such member of the Authority shall cease to be a member of the Successor Agency; and the successor to such member of the Successor Agency shall become a member of the Authority. SECTION 8. OFFICERS AND OFFICIALS The officers of the Authority shall be a Chairperson and a Vice -Chairperson. Other officials acting as its staff shall be an Executive Director, a Finance Officer, a General Counsel, a Secretary, and such other officials as the Authority Members may determine. Subject to the provisions of these Bylaws and Rules of Procedure, the Authority Members shall set the selection, duties, and compensation of such officials. Whenever an officer of the City or the Successor Agency is designated an officer of the Authority, the assistants and deputies of such officer from time to time shall also be, ex officio, officers of the Authority; and whenever a power is granted to, or a duty imposed upon, such officer, the power may be exercised, or the duty performed, by such assistant or deputy. SECTION 9. CHAIRPERSON The Chairperson shall be the current Mayor of the City of La Quinta who shall serve until a successor has been duly elected. The Chairperson shall preside at all meetings of the Authority. SECTION 10. VICE -CHAIRPERSON The Vice -Chairperson shall be the Mayor Pro Tempore of the City of La Quinta and shall serve until a successor has been duly appointed. The Vice -Chairperson shall perform the duties of the Chairperson in the absence, incapacity, resignation, or death of the Chairperson until such time as the Chairperson returns or a new Chairperson takes office. SECTION 11. ABSENCES In the absence of the Chairperson and Vice -Chairperson, the Authority Members shall elect a member present as temporary Chairperson for the purpose of conducting meetings and performing the duties of the Chairperson. 18 Resolution No. FA 2014- Amended & Restated Bylaws & Rules of Procedure Adopted: April 15, 2014 Page 5 of 7 SECTION 12. EXECUTIVE DIRECTOR The Executive Director shall be the person acting as the City Manager of the City of La Quinta. The Executive Director shall have general supervision over administration of the Authority business and its affairs, subject to the direction of the board members. SECTION 13. FINANCE OFFICER The Finance Officer shall be the person acting as the Finance Director/ Treasurer of the City of La Quinta. The Finance Officer shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank or banks as the Authority may select. The Finance Officer shall sign all checks, drafts, or orders for the payment of money, notes, or other indebtedness and shall pay out and disburse such monies under the direction of the Authority. The Finance Officer shall keep regular books of account, showing receipts and expenditures and shall render to the Authority at each meeting, or more often when requested, an account of transactions and the financial conditions of the Authority. SECTION 14. GENERAL COUNSEL The General Counsel shall be the person acting as the City Attorney of the City of La Quinta. The General Counsel shall be the chief legal officer of the Authority and shall be responsible for the preparation of all proposed resolutions, laws, rules, contracts, bonds, and all other legal papers for the Authority. The General Counsel shall give his/her advice or opinion in writing to the Chairperson or other Authority officers and officials whenever required to do so. The General Counsel shall attend to all suits and other matters to which the Authority is a party or in which the Authority may be legally interested and do such other things pertaining to the office as the Authority may require. SECTION 15. SECRETARY. The Secretary shall be the person acting as the City Clerk of the City of La Quinta. The Secretary shall keep the records of the Authority, shall act as secretary at meetings of the Authority, shall record all votes, keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. The Secretary shall maintain a record of all official proceedings of the Authority and its programs. SECTION 16. ADDITIONAL DUTIES. The officers and officials of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or by these Bylaws and Rules of Procedure. 0 Resolution No. FA 2014- Amended & Restated Bylaws & Rules of Procedure Adopted: April 15, 2014 Page 6 of 7 SECTION 17. PERSONNEL The ordinances, resolutions, rules, and regulations of the City governing its personnel shall also govern the personnel of the Authority. SECTION 18. VACANCIES. Where an office of the Authority becomes vacant and these Bylaws and Rules of Procedure specify that the person serving in that office is the person holding a designated position with the City, the office shall remain vacant until a person is appointed to the City position, unless the Authority Members make a temporary appointment until such position is filled. In all other cases, when an office becomes vacant, the Authority Members shall appoint a successor within a reasonable period or by an affirmative vote of the majority, determine that such position shall remain vacant for a definite or indefinite period. No Authority Member shall be eligible for any office of the Authority other than Chairperson and Vice- Chairperson. SECTION 19. COMPENSATION No Authority Member shall be employed by the Authority during his/her tenure of office. Authority Members shall not receive any compensation for serving as such, but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a member of the Authority. The Authority shall determine if such expenses shall be reimbursed and if there are unencumbered funds available for such purpose. SECTION 20. ADDITIONAL PERSONNEL, AGENTS, AND CONSULTANTS The Authority may from time to time appoint or employ such personnel, agents, and consultants, as it deems necessary to exercise its powers, duties, and functions. The Authority may utilize the services of City and/or Successor Agency employees as authorized by the City and/or Successor Agency. In addition, the Authority may retain such agents and consultants, permanent and temporary, as it may require. The selection, duties, and compensation of such personnel, agents, and consultants shall be determined by the Authority subject to the laws of the State of California. SECTION 21. PAYMENT OF MONEY, NOTES, AND OTHER INDEBTEDNESS All checks, drafts or other orders for the payment of money, notes, or other evidence of indebtedness issued in the name of or payable to the Authority require the signature of any two of the following persons: the Chairperson, Vice - Chairperson, Authority Executive Director, and the Authority Finance Officer. 20 Resolution No. FA 2014- Amended & Restated Bylaws & Rules of Procedure Adopted: April 15, 2014 Page 7 of 7 SECTION 22. PURCHASING Except as otherwise specified herein or as established by resolution of the Authority Members, the Authority shall comply with all ordinances, resolutions, rules and regulations of the City in purchasing and contracting for supplies, services, and equipment. SECTION 23. RULES DIRECTORY To the extent not required by State laws, these rules of procedure shall be considered directory only; and compliance herewith shall not be considered mandatory or jurisdictional. 21 ROa