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HomeMy WebLinkAboutResolution - 4003Resolution No. 4003 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO.4003 A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA, REVISING THE STATEMENT OF INVESTMENT POLICY WHEREAS, Section 53646 of the Government Code of the State of California requires that the Treasurer or Chief Fiscal Officer shall annually render to the legislative body of his/her agency for review and/or amendment a Statement of Investment Policy; and WHEREAS, any changes to the City's Statement of Investment must be considered in public session of the legislative body; and WHEREAS, the City's Statement of Investment Policy was last reviewed on November 1, 2022, with no changes; and WHEREAS, the City's Statement of Investment Policy has not been significantly revised. f NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Jacinto hereby rescinds previous investment policy resolutions and approves the Statement of Investment Policy, as attached hereto in Exhibit "A." APPROVED, PASSED, and ADOPTED this 7th day of November 2023 by the following vote: AYES: Ruiz, Ayala, Vandever, Hawkins, Ledezma NAYS: None ABSENT: None ABSTAIN: None Page 1 of 23 Resolution No. 4003 ATTEST: is Espinoza, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP Craig Hayes, City Attorney CITY OF SAN JACINTO: vise L L-e L�99- Aldn-so Ledezma, Mayor Page 2 of 23 Resolution No. 4003 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO ) I, Julia Espinoza, City Clerk of the City of San Jacinto, DO HEREBY CERTIFY that the foregoing Resolution No. 4003 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 71h day of November 2023. AYES: Ruiz, Ayala, Vandever, Hawkins, Ledezma NAYS: None ABSENT: None ABSTAIN: None WITNESS MY HAND AND OFFICIAL SEAL this 7th day of November 2023. 0li Espinoza, City Clerk ity of San Jacinto Page 3 of 23 Resolution No. 4003 L, EXHIBIT "A" Page 4 of 23 Resolution No. 4003 CITY OF $AN JACINTO STATEMENT OF INVESTMENT POLICY I. INTRODUCTION The City of San Jacinto's (City) investment program will conform with federal, state, and other legal requirements, including California Government Code Sections 16429.1-16429.4, 53600- 53609 and 53630-53686. The following investment policy addresses the methods, procedures and practices, which must be exercised to ensure effective and judicious fiscal andinvestment management of the City's funds. It is the policy of the City to invest public funds in a manner that will provide a market rate of return, given its requirements for preserving principal and meeting the daily cash flow demands of the City. All investments will comply with this Investment Policy and governing laws. This Investment Policy was endorsed and adopted by the City's governing body (City Council) and is effective as of November 7, 2023. This Investment Policy replaces any previous Investment Policy of the City. II. PUBLIC TRUST All participants in the investment process shall act as custodians of the public trust. Investment officials shall recognize that the investment portfolio is subject to public review and evaluation. ' The overall program shall be designed and managed with a degree of professionalism that is worthy of the public trust. In a diversified portfolio, it must be recognized that occasional measurement losses are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented. III. SCOPE This Investment Policy applies to all the City's financial assets and investment activities with the following exceptions: A. Proceeds of debt issuance shall be invested in accordance with the City's general investment philosophy as set forth in this policy; however, such proceeds are invested in accordance with permitted investment provisions of their specific bond indentures. Pooling of Funds: Except for cash in certain restricted and special funds, the City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. IV. GENERAL OBJECTIVES Page 5 of 23 Resolution No. 4003 The overriding objectives of the investment program are to preserve principal, provide sufficient liquidity, and manage investment risks. 1. Safety: It is the primary duty and responsibility of the City Treasurer to protect, preserve and maintain cash and investments placed in his/her trust on behalf of the citizens of the City. Safety of principal is the foremost objective of the investment program. Investments will be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. 2. Liquidity: The investment portfolio will remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. Since all cash requirements cannot be anticipated, investments in securities shall be those with active secondary or resalemarkets. 3. Return: The investment portfolio will be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints for safety and liquidity needs. Yields should bccomc a consideration only after the basic requirements of safety and liquidity have been met. V. PRUDENCE, INDEMNIFICATION AND ETHICS A. Prudent Investor Standard: Management of the City's investments is governed by the Prudent Investor Standard as set forth in the California Government Code 53600.3: "...all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law." In keeping with the objectives (Section IV), in addition to safeguarding the principle and maintaining the liquidity needs of the City, a prudent investor should also optimize return or yield to the greatest extent possible. B. Indemnification: The City Treasurer, Finance Director and other authorized persons responsible for managing City funds, acting in accordance with written procedures and the 1 investment policy and exercising due diligence, will be relieved of personal responsibility 1 for an individual security's credit risk or market price changes, provided deviations from Page 6 of 23 Resolution No. 4003 expectations are reported within 30 days and appropriate action is taken to control adverse developments. C. Ethics: Officers and employees involved in the investment process are prohibited from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. VI. DELEGATION OF AUTHORITY A. Authority to manage the City's investment program is derived from California Government Code Sections 53600 et seq. The City Council is responsible for the City's cash management, including the administration of this Investment Policy. Management responsibility for the cash management of City funds is hereby delegated to the City Treasurer and the Finance Director. The City Treasurer and Finance Director will be responsible for all transactions undertaken and will establish a system of procedures and controls to regulate the activities of subordinate employees. B. The City may engage the services of one or more external investment managers to assist in the management of the City's investment portfolio in a manner consistent with the City's objectives. Such external managers may be granted discretion to purchase and sell investment securities in accordance with this Investment Policy. Such managers must be registered under the Investment Advisers Act of 1940. VII, AUTHORIZED FINANCIAL INSTITUTIONS, DEPOSITORIES, ANDBROKER/DEALERS A list will be maintained of financial institutions and depositories authorized to provide investment services. In addition, a list will be maintained of approved security broker, dealers selected by conducting a process of due diligence. These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule). A. The City Treasurer and Finance Director will determine which financial institutions are authorized to provide investment services to the City. Institutions eligible to transact investment business with the City include: 1. Primary government dealers as designated by the Federal Reserve Bank; 2. Nationally or state -chartered banks; 3. The Federal Reserve Bank; and, 4. Direct issuers of securities eligible for purchase. Page 7 of 23 Resolution No. 4003 B. Selection of financial institutions and broker:'dealers authorized to engage in transactions with the City will be at the sole discretion of the City. C. All financial institutions which desire to become qualified bidders for investment transactions (and which are not dealing only with the investment adviser) must supply the Finance Director with a statement certifying that the institution has reviewed the California Government Code Section 53600 et seq. and the City's Investment Policy. D. Selection of brokerr"dealers used by an external investment adviser retained by the City will be at the sole discretion of the investment adviser, provided they meet all of the requirements as stated. E. Public deposits will be made only in qualified public depositories as established by State law. Deposits will be insured by the Federal Deposit Insurance Corporation (FDIC), or, to the extent the amount exceeds the insured maximum, will be collateralized in accordance with State law. Financial institutions that do not offer FDIC insurance will not be invested in. A written contract of deposit of public funds must be obtained from the financial institution, indicating the institution's policy and process of FDIC insurance and collateralization. VIII. DELIVERY, SAFEKEEPING AND CUSTODY, AND COMPETITIVE TRANSACTIONS A. Delivery -versus -payment: Settlement of all investment transactions will be completed using standard delivery -vs. -payment procedures. B. Third party safekeeping: To protect against potential losses by collapse of individual securities dealers, and to enhance access to securities, interest payments and maturity proceeds, all securities owned by the City will be held in safekeeping by a third party bank custodian, acting as agent for the City under the terms of a custody agreement executed by the bank and the City. C. Competitive transactions: All investment transactions will be conducted on a competitive basis which can be executed through a bidding process involving at least three separate brokersi financial institutions or through the use of a nationally recognized trading platform. IX. AUTHORIZED AND SUITABLE INVESTMENTS All investments will be made in accordance with Sections 53600 et seq. of the Government Code of California and as described within this Investment Policy. Percentage limitations and minimum credit ratings described in this section will be applicable at the time of purchase. Permitted investments under this policy will include: 1. MUNICIPAL SECURITIES include obligations of the City of San Jacinto, the State of California and any local agency within the State of California, provided that: Page 8 of 23 Resolution No. 4003 • The securities are rated in a rating category of "A" or its equivalent or better by at least one nationally recognized statistical rating organization ("NRSRO"). • No more than 5% of the portfolio may be invested in any single issuer. • No more than 30% of the portfolio may be in Municipal Securities. • The maximum maturity does not exceed five (5) years. 2. MUNICIPAL SECURITIES (REGISTERED TREASURY NOTES OR BONDS) of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue -producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California. • The securities are rated in a rating category of "A" or its equivalent or better by at least one NRSRO. • No more than 5° u of the portfolio may be invested in any single issuer. • No more than 30% of the portfolio may be in Municipal Securities. • The maximum maturity does not exceed five (5) years. 1. U.S. Treasury and other government obligations for which the full faith and credit of the United States are pledged for the payment of principal and interest. There are no limits on the dollar amount or percentage that the City may invest in U.S. Treasuries. 2. Federal Agency or United States government -sponsored enterprise obligations, ' participations, or other instruments, including those issued byor fully guaranteed as to principal and interest by federal agencies or United States government -sponsored enterprises. There are no limits on the dollar amount or percentage that the City may invest in government -sponsored enterprises. L 3. Banker's acceptances, provided that: a. They are issued by institutions with short term debt obligations rated "A-1" or higher, or the equivalent, by at least two NRSROs; and have long-term debt obligations which are rated in the "A" category or higher by at least two NRSROs; b. The maturity does not exceed 180 days; and, c. No more than 40°-0 of the total portfolio may be invested in banker's acceptances and no more than 5% per issuer. 4. Federally insured time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions, provided that: a. The amount per institution is limited to the maximum covered under federal insurance; and, Page 9 of 23 Resolution No. 4003 b. No more than 20% of the portfolio will be invested in a combination of federally insured and collateralized time deposits; and, c. The maturity of such deposits does not exceed 5 years. 5. Collateralized time deposits (Non-negotiable certificates of deposit) in state or federally chartered banks, savings and loans, or credit unions in excess of insured amounts which are fully collateralized with securities in accordance with California law, provided that: a. No more than 20% of the portfolio will be invested in a combination of federally insured and collateralized time deposits; b. They are issued by institutions which have long-term debt obligations which are rated in the "A" category or higher by at least two NRSROs; and/or have short term obligations rated "A- I" or higher, or the equivalent, by at least two NRSROs; and, c. The maturity of such deposits does not exceed 5 years. 6. Certificate of Deposit Placement Service (CDARS), provided that: a. No more than 30% of the total portfolio may be invested in a combination of certificates of deposit including CDARS; and, 1 b. The maturity of CDARS deposits does not exceed five years. 7. Negotiable certificates of deposit (NCDs), issued by a nationally or state -chartered bank, a savings association or a federal association, a state or federal credit union, or by a federal licensed or state licensed branch of a foreign bank, provided that: a. They are issued by institutions which have long-term obligations which are rated in the "A" category or higher by at least two NRSROs; and/or have short term debt obligations rated "A- I" or higher, or the equivalent, by at least two NRSROs; b. The maturity does not exceed five years; and, c. No more than 30% of the total portfolio maybe invested in NCDs and no more than 5% per issuer. 8. COLLATERALIZED BANK DEPOSITS. The City's deposits with financial institutions will be collateralized with pledged securities per California Government Code, Section 53651. There are no limits on the dollar amount or percentage that the Agency may invest in collateralized bank deposits. Page 10 of 23 Resolution No. 4003 9. Repurchase agreements collateralized with securities authorized under Sections VI ° and VIII(2 and 3) of this policy maintained at a level of at least 102% of the market value of the repurchase agreements, provided that: z a. The maximum maturity of repurchase agreements will be 1 year; b. There is no limit to the amount to be invested in repurchase agreements; c. Securities used as collateral for repurchase agreements will be delivered to the City's custodian bank (See Section VII B); and, d. The repurchase agreements are the subject of a master repurchase agreement between the City and the provider of the repurchase agreement. The master repurchase agreement will be substantially in the form developed by the Securities Industry and Financial Markets Association (S1FMA). 10. Commercial paper, provided that: a. The maturity does not exceed 270 days from the date of purchase; b. The issuer is a corporation organized and operating in the United States with assets in excess of $500 million; c. They are issued by institutions whose short term obligations are rated "A-l" or higher, or the equivalent, by at least two NRSROs; and whose long-term obligations are rated "A" category or higher by at least two NRSROs; and, d. No more than 25% of the portfolio is invested in commercial paper and no more than 5% per issuer. 11. State of California Local Agency Investment Fund (LAIF), provided that: a. No more than 70°•0 of the total portfolio may be invested in LAIF, up to the maximum permitted balance; and, b. LAIF's investments in instruments prohibited by or not specified in the City's policy do not exclude it from the City's list of allowable investments, provided that the fund's reports allow the City Treasurer and Finance Director to adequately judge the risk inherent in LAIF's portfolio. 12. Local government investment pools and Joint Powers Authority Pools a. Riverside County Investment Fund, no more than 70% of the total portfolio; and, b. JPA Pools, no more than 50% of the total portfolio. Page 11 of 23 Resolution No. 4003 13. Corporate medium term notes (MTNs), provided that: a. Such notes have a maximum maturity of five years; b. Are issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States; c. Are rated "A" category or better by at least two NRSROs; and, d. Holdings of medium -term notes may not exceed 30% of the portfolio and no more than 5% per issuer. 14. Mortgage pass -through, mortgage -backed, collateralized mortgage obligations, and asset -backed securities, provided that such securities: a. have a maximum stated final maturity of five years; b. be issued by an issuer having an "A" category or higher rating for the issuer's debt as provided by at least two NRSROs; c. be rated in a rating category of "AA" category or its equivalent or better by at least two NRSROs; and, d. Purchase of securities authorized by this subdivision may not exceed 201.o of the portfolio. 17. MUTUAL FUNDS AND MONEY MARKET MUTUAL FUNDS that are registered with the Securities and Exchange Commission under the Investment Company Act of 1940, provided that: e. MUTUAL FUNDS that invest in the securities and obligations as authorized under California Government Code, Section 53601 (a) to (k) and (m) to (q) inclusiveand that meet either of the following criteria: 1. Attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or 2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations authorized by California Government Code, Section 53601 and with assets under management in excess of $500 million. 3. No more than 10% of the total portfolio may be invested in shares of any one mutual fund. Page 12 of 23 Resolution No. 4003 b. MONEY MARKET MUTUAL FUNDS registered with the Securities and Exchange Commission under the Investment Company Act of 1940 and issued by diversified management companies and meet either of the following criteria: 1. Have attained the highest ranking or the highest letter and numerical rating provided by not less than two (2) NRSROs; or 2. Have retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience managing money market mutual funds with assets under management in excess of $500 million. 3. No more than 20% of the total portfolio may be invested in Money Market Mutual Funds. c. No more than 20% of the total portfolio may be invested in these securities. 18. SUPRANATIONALS, provided that: • Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter -American Development Bank. • The securities are rated in a rating category of "AA" or its equivalent or better by a NRSRO. • No more than 30% of the total portfolio may be invested in these securities. • No more than 10% of the portfolio may be invested in any single issuer. • The maximum maturity does not exceed five (5) years. L X. PORTFOLIO RISK MANAGEMENT A. Prohibited investment vehicles and practices State law notwithstanding, any investments not specifically described herein are prohibited, including, but not limited to futures and options. 2. In accordance with Government Code Section 53601.6, investment in inverse floaters, range notes, or mortgage derived interest -only strips is prohibited. 3. Investment in any security that could result in a zero interest accrual if held to maturity is prohibited. 4. Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited. 5. Purchasing or selling securities on margin is prohibited. 6. The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited. Page 13 of 23 Resolution No. 4003 7. The purchase of foreign currency denominated securities is prohibited. B. Mitigating credit risk in the portfolio Credit risk is the risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The City will mitigate credit risk by adopting the following strategies: The diversification requirements included in Section VIII are designed to mitigate credit risk in the portfolio; 2. No more than 5% of the total portfolio maybe invested insecurities of any single issuer, other than the US Government, its agencies and enterprises, Money Market Mutual Funds, Mutual Funds, LAIF, LGIPs, Supranationals, or unless otherwise specified in this investment policy; 3. The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to improve the quality, liquidity or yield of the portfolio in response to market conditions or City's risk preferences; and, 4. If securities owned by the City are downgraded by either Moody's or S&P to a level below the quality required by this Investment Policy, it will be the City's policy to review the credit situation and make a determination as to whether to sell or retain such securities in the portfolio. .1 a. If a security is downgraded, the City Treasurer and Finance Director will use discretion in determining whether to sell or hold the security based on its current maturity, the economic outlook for the issuer, and other relevant factors. b. if a decision is made to retain a downgraded security in the portfolio, its presence in the portfolio will be monitored and reported monthly to the governing board. C. Mitigating market risk in the portfolio Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer -term portfolios have the potential to achieve higher returns. On the other hand, longer -term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer -term investments only with funds that are not needed for current cashflow purposes. The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk: Page 14 of 23 Resolution No. 4003 1. The City will maintain a minimum of three months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements; 2. The maximum percent of callable securities (does not include "make whole call" securities as defined in the Glossary) in the portfolio will be 20%; 3. The maximum stated final maturity of individual securities in the portfolio will befive years, except as otherwise stated in this policy; and, 4. The duration of the portfolio will at all times be approximately equal to the duration (typically plus or minus 20%) of a Market Benchmark Index selected by the City based on the City's investment objectives, constraints and risk tolerances. The City's current Benchmark will be documented in the investment procedures manual. XI. INVESTMENT OBJECTIVES (PERFORMANCE STANDARDS AND EVALUATION) A. Overall objective: The investment portfolio will be designed with the overall objective of obtaining a total rate of return throughout economic cycles, commensurate with investment risk constraints and cash flow needs. B. Specific objective: The investment performance objective for the portfolio will be to earn a total rate of return over a market cycle which is approximately equal to the return on the Market Benchmark Index as described in the City's investment procedures manual. The performance of the City's investments shall be compared to the total return of a benchmark that closely • corresponds to the portfolio's duration, universe of allowable securities, risk profile, and other relevant characteristics. XII. PROCEDURES AND INTERNAL CONTROLS A. Procedures The City Treasurer and Finance Director will establish written investment policy procedures in a separate investment procedures manual to assist investment staff with day-to-day operations of the investment program consistent with this policy. Such procedures will include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the City Treasurer and Finance Director. B. Internal Controls The City Treasurer and Finance Director are responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure will be designed to provide reasonable assurance that these objectives are met. Internal controls will be described in the City's investment procedures manual. XIII. REPORTING, DISCLOSURE AND PROGRAM EVALUATION Page 15 of 23 Resolution No. 4003 A. Monthly reports Monthly investment reports will be submitted by the City Treasurer to the City Council. These reports will disclose, at a minimum, the following information about the risk characteristics of the City's portfolio: 1. An asset listing showing par value, cost and accurate and complete market value of each security, type of investment, issuer, and interest rate; 2. A one -page summary report that shows: a. Average maturity of the portfolio and modified duration of the portfolio; b. Maturity distribution of the portfolio; c. Average portfolio credit quality; and, d. Time -weighted total rate of return for the portfolio for the prior one month, three months, twelve months, year to date, and since inception compared to the Benchmark Index returns for the same periods; 3. A statement of compliance with investment policy, including a schedule of any transactions or holdings which do not comply with this policy or with the California Government Code, including a justification for their presence in the portfolio and a timetable for resolution; and, 4. A statement that the City has adequate funds to meet its cash flow requirements for the next six months. 5. A list of transactions for the period. B. Annual reports 1. The investment policy will be reviewed and adopted at least annually within 120 days of the end of the fiscal year to ensure its consistency with the overall objectives of preservation of principal, liquidity and return, and its relevance to current law and financial and economic trends. 2. A comprehensive annual report will be presented in conjunction with the investment policy review. This report will include comparisons of the City's return to the Benchmark Index return, suggest policies and improvements that might enhance the investment program, and will include an investment plan for the coming year. C. Periodic audit The City Treasurer may establish a process of periodic independent review by an external expert to assure compliance with internal controls. Page 16 of 23 Resolution No. 4003 Prepared by: 72 Thomas Prill, Deputy City Manager Approved as to legal form: Craig Hayes, City Attorney Approved: Yj( A onso Ledezma, ayor Date: November 7, 2023 c Page 17 of 23