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HomeMy WebLinkAbout8 Revised investment policy Agenda Item # E ~ Public Utility District MEMORANDUM To: Board of Directors From: Mary Chapman, Administrative Services Manager/Treasurer Date: December 14, 2007 Subject: ADOPTING A REVISED INVESTMENT POLICY 1. WHY THIS MATTER IS BEFORE THE BOARD The Board last updated its investment policy on December 20, 2006 in resolution #2006-33. It was the intent of the Board that the investment policy would be reviewed and adopted on an annual basis. 2. HISTORY The Governmental Accounting Standards Board in their GASB 40 pronouncement described the reporting requirements for a local government's investments and also requires the disclosure of the Board's policy for addressing specific risks relating to investing public funds. In resolution #2006-33 the Board made significant changes to its previous investment policy to comply with the requirements of GASB 40. Section 53607 of the Government Code says: "The authority of the legislative body to invest or to reinvest funds of a local agency, or to sell or exchange securities so purchased, may be delegated for a one-year period by the legislative body to the treasurer of the local agency, who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires, and shall make a monthly report of those transactions to the legislative body. Subject to review, the legislative body may renew the delegation of authority pursuant to this section each year." Attached are the following documents for your review: • Draft of new Investment Policy— proposed wording changes are indicated in italics • Status of investments — 11/30/07 3. NEW INFORMATION During the Board's discussion last year, Director Sutton indicated that she thought the policy should include definitions of terms used in the policy. I have attempted to add definitions. 4. GOALS AND OBJECTIVES 4. Manage the District in a responsible manner. 4.3 District will develop and implement high operational standards, procedures and codes of conduct. 6. Manage the District in an effective, efficient and fiscally responsible manner. 6.6 Develop appropriate financial procedures to assure responsible financial management. 5. RECOMMENDATION A. That the Board adopt the revised investment policy. B. That the Board re-appoint Mary Chapman, District Treasurer and Financing Corporation Treasurer, to perform the investment duties for 2008. Mary Chapm4 Admin rative Services Manager/ rich, Brim General Manager District Treasurer .,U{1 ,i . . Ire Public Utility District Resolution No. 2007- ADOPTING A REVISED INVESTMENT POLICY WHEREAS, the Board of Directors of the Truckee Donner Public Utility District last updated its investment policy in resolution #2006-33 on December20, 2006; and WHEREAS, the Board of Directors wishes to update its investment policy (see Exhibit A attached) to ensure the District's compliance with Government Code Sections 53600 through 53609; and WHEREAS, Section 53607 of the Government Code states that certain investment related duties may be delegated to the Treasurer of the District for a one-year period; and WHEREAS, it is the intent of the Board that the investment policy be reviewed and adopted on an annual basis; NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby adopt Exhibit A entitled Investment Policy; and BE IT FURTHER RESOLVED, that the Board of Directors does hereby authorize the Treasurer to perform the duties listed in the policy for one year pursuant to Government Code Section 53607. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on by the following roll call vote: AYES: ABSTAIN: NOES: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Tim F. Taylor, President ATTEST: John Ulrich, Clerk of the Board EXHIBIT A TRUCKEE DONNER PUBLIC UTILITY DISTRICT INVESTMENT POLICY I. INVESTMENT AUTHORITY In accordance with Section 53600 et seq. of the Government Code of the State of California, the authority to invest public funds is expressly delegated to the Board of Directors for subsequent delegation to the Treasurer. The Treasurer of the District receives direction and authority to invest any and all District funds from the Board of Directors of the District. II. STATEMENT OF OBJECTIVES Per section 53600.5 of the California Government Code, the primary objective of the Treasurer shall be to safeguard the principal of the funds under his/her control when investing public funds. The secondary objective shall be to meet all liquidity requirements and the third objective shall be to achieve a return on the funds under his/her control. In order of priority, three fundamental criteria shall be followed in the investment program: 1. Safety - Safety of principal is the foremost objective of the investment program. Investments shall 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. a. Credit Risk: The District will minimize credit risk, the risk of loss due to the failure of the security issuer or backer, by: i. Limiting investments to the safest types of securities. ii. Pre-qualifying the financial institutions, broker/dealers, intermediaries and advisers with which the District will do business (custodial risk). iii. Diversifying the investment portfolio so that potential losses on individual securities will be minimized (concentration of risk). b. Interest Rate Risk: The District will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates, by: i. Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity. 1 Resolution 2006-33, Investment Policy ii. Investing operating funds primarily in shorter-term securities, money market mutual funds, or similar investment pools. 2. Liquidity — In an effort to ensure that the District's portfolio will be sufficiently liquid to meet current and anticipated operating requirements, periodic cash flow analysis will be performed. Investments shall be made so that the maturity date is compatible with cash flow needs and safety of principal. 3. Yield — Investments shall be undertaken to produce an acceptable rate of return after first considering safety of principal and liquidity and the prudent investor standard. Investment Strategy — The portfolio will be managed to meet the District's cash flow needs. The maximum maturity of any security will not exceed 5 years except as specifically noted below. All investment activity shall be consistent with prudent investor standard and in accordance with the authorized investments included under Section V of this policy. III. PRUDENT INVESTOR STANDARD As applicable to the District, the prudent investor standard is a standard of conduct whereby any person authorized to make investment decisions on behalf of the District acts 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 District, that a prudent person acting in 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 meet the liquidity needs of the District. IV. PORTFOLIO Any reference to the portfolio shall mean the total of the District's cash and securities under management by the Treasurer. Except for cash in certain restricted and special funds, the District 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 or accounts based on their respective participation and in accordance with generally accepted accounting principles. The Treasurer may invest in any security authorized for investment under the California Government Code, subject to the limitations described herein: 1. Maturity Limitations — a. The aggregate maturity of the total portfolio must not exceed five (5) years for the general operating funds of the District. b. Funds which represent debt service reserve funds may be invested up to a term of ten years, as long as the period invested does not exceed that of the term of the debt repayment. 2 Resolution 2006-33, Investment Policy c. Investments of restricted funds held for the Donner Lake Assessment District that are not expected to be needed to pay debt service on the SRF loan may be invested up to the term of the SRF loan. d. Construction funds may be invested to mature on or before the funds are expected to be needed for construction purposes. 2. Investment Transactions — the purchase of any investment other than those purchased directly from the issuer shall be to the extent possible from a firm designated as a Primary Dealer by the Federal Reserve of New York. 3. Sale of Securities — Securities may be sold to provide needed liquidity, to restructure the portfolio to reduce risk or to increase the expected return of the portfolio. In no instance shall a sale of securities be used for speculative purposes. All sales are to be reported to the Board on a monthly basis. 4. Prohibited Investments — Prohibited investments include inverse floaters, range notes, interest only strips derived from a pool of mortgages (Collateralized Mortgage Obligations), and any security that could result in zero interest accrual if held to maturity. (Zero interest accrual means the security has the potential to realize zero earnings depending upon the structure of the security. Zero coupon bonds and similar investments that start below the face value are legal because their value does increase.) 5. Safekeeping a. All securities transactions entered into by the District shall be conducted on a delivery versus payment (DVP) basis. b. Securities shall be held by an independent custodian designated by the Treasurer and held in safekeeping pursuant to a safekeeping agreement. c. All financial institutions which provide safekeeping services for the District shall be required to provide reports or safekeeping receipts directly to the Treasurer to verify securities taken into their possession. V. AUTHORIZED INVESTMENTS 1. The District's authorized commercial banking institution in an interest bearing checking or savings account. The Treasurer is authorized to make daily deposits and withdrawals for purposes of the safekeeping of District monies and payments of District financial obligations. 2. Local Agency Investment Fund (LAIF) — Deposits for the purpose of investment in the Local Agency Investment Fund of the State of California Treasury may be made up to the maximum amount permitted by State Treasury policy. Any LAIF investments made by the District shall be considered to be short-term in nature even if the LAIF has invested in individual longer-term securities. The Treasurer is authorized to make regular transfers to and from LAIF up to the limit of transactions established by the LAIF investment policy for purposes of meeting the District's daily cash flow needs and earning interest on surplus funds. 3 Resolution 2006-33, Investment Policy 3. Any other investments authorized and listed in the Government Code Sections 53600-53609. The Treasurer will consult with the Board of Directors when recommending any of the investments within these sections other than numbers 1 and 2 above. From time to time, the Board may also consult with an investment professional pursuant to Section 1 a ii above. Each investment will be specifically authorized by the Board of Directors. 4. Bond proceeds and reserve funds will be invested only in permitted investments or authorized investments defined in the Trust Agreement for each particular financing which has previously been approved by the Board of Directors (Government Code Section 53601 1). The Treasurer will consult with the financial advisor or Trustee on the financing for investment recommendations to bring to the Board of Directors for approval. The Treasurer is authorized to invest funds in a monev market fund with the Trustee pending investment of those funds in a longer term investment which will be approved by the Board of Directors. VI. REPORTING In accordance with Section 53646 of the California Government Code, the Treasurer shall submit a quarterly report to the Board of Directors within 30 days following the end of the quarter covered by the report. The report shall include investment activity, including yield and earnings, and the status of cash by depository. VII. INTERNAL CONTROLS Annually, the Truckee Donner Public Utility District will have an independent audit by an external auditor. This audit will provide internal control by assuring compliance with policies and procedures. Vill. PARTIES AUTHORIZED TO ACT IN THE EVENT OF THE ABSENCE OF THE TREASURER In the event of the absence of the Treasurer, the following positions are authorized to make necessary and authorized investments pursuant to Section V of this policy: General Manager Assistant General Manager Finance and Accounting Manager IX. ANNUAL REVIEW OF INVESTMENT POLICY The Investment Policy shall be submitted at least annually to the Board of Directors for adoption. The policy shall be reviewed annually to ensure its consistency with the overall objectives of preservation of principal, liquidity, yield and its relevance to current law and financial and economic trends. The review will also include the review of the diversification of the investments in the portfolio and the custodial risk of the portfolio. Any modifications made thereto must be approved by the Board of Directors. 4 Resolution 2006-33, Investment Policy Definitions of Terms Used in the Investment Policy: Authorized Investments—those investments permitted by the California Government Code—Sections 53600 through 53609 which are also authorized by the Truckee Donner Public Utility District (District) Board of Directors. Authorized commercial banking institution—any legal commercial bank that has been approved by the Board of Directors of the Truckee Donner Public Utility District. Concentration of Risk— is the risk for having investments concentrated with one issuer. The audit standard requires that if more than 5% of the District's portfolio is with one issuer, it must be disclosed in the financial audit. The policy can allow for more. The auditors would disclose a description of the investment policy to show that the amount invested is in compliance with the District's investment policy. Credit Risk—that risk that an issuer of an investment will not fulfill its obligations to the holder of the investment. Custodial Credit Risk for Deposits—custodial risk for deposits is that risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession of an outside party. Custodial Risk for Investments—custodial risk for investments is the risk that, in the event of the failure of the counterparty (e.g. broker/dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. Custodial Credit Risk generally applies only to direct investments in marketable securities. Custodial risk does not apply to a local government's indirect investment in securities through the use of mutual funds or governmental investment pools (such as LAIF). Delivery versus payment (DVP) basis is used to reduce risk in the settlement of a financial transaction. Ideally, title to an asset and payment are exchanged simultaneously. Financial Advisor - A financial adviser is a professional who renders investment advice and financial planning services to individuals and businesses. Interest Rate Risk—the risk that changes in the market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment the greater the sensitivity of its fair value to changes in market interest rates. Internal Controls—at the organizational level, internal control objectives relate to the reliability of financial reporting, timely feedback on the achievement of operational or strategic goals, and compliance with laws and regulations. At the specific transaction level, internal control refers to the actions taken to achieve a specific objective (e.g., how to ensure the organization's payments to third parties are for valid services rendered.) Internal control procedures reduce process variation, leading to more predictable outcomes. Liquidity - Market liquidity is a business, economics or investment term that refers to an asset's ability to be easily converted through an act of buying or selling without causing a significant movement in the price and with minimum loss of value. Local Agency Investment Fund (LAIF)—LAIF is a voluntary program created by statute in 1977 as an investment alternative for California's local governments and special districts and continues today under the State Treasurer's administration. The enabling legislation for the LAIF is Section 16429.1 et seq. of the California Government Code. This program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the Treasurer's Office investment staff at no additional cost to the taxpayer. The Local Investment Advisory Board (LIAB) provides oversight for LAIF. The LAIF website is http://www.treasurer.ca.gov/pmia-laif. SRF Loan—A loan obtained through the Department of Water Resources for the reconstruction of the Donner Lake Water System. The loan payments are made from Donner Lake Assessment District payments collected and a monthly surcharge on Donner Lake customer bills. The SRF Loan has a reserve requirement which is accumulated over time and needs to be invested until the final payment is due on the loan. Additionally, funds collected in advance of loan payments are invested for the purpose of reducing annual loan payments and/or the monthly surcharge collected from the Donner Lake customers. Treasurer—that person so appointed by resolution to perform duties authorized by the Board of Directors of the Truckee Donner Public Utility District and the Truckee Donner Public Utility District Financing Corporation. Yield - yield is a percentage that measures the cash returns to the owners of a security. Normally it does not include the price variations, at the difference of the total return. TRUCKEE DONNER PUD INVESTMENT BALANCES As of Month Ended 11/30/07 LAIF FIDELITY FEDERATED FEDERAL FIDELITY FEDERAL FSA US BANK 4.96% MONEY MKT US TREASURY HOME LN MTG INSTL PRIME FARM CREDIT BONDS CHECKING CASH Matures Daily 3%-Matures Daily 4.65% 5.50%-Matures 92011 4.95% 5.25%-Matures 3/2021 4.75%-Matures 122010 Matures Daily 0.00% Total ELECTRIC FUNDS General Fund $4,852,926 $0 $0 $0 $0 $0 $0 $376,878 $900 $5,230,704 Facilities Fees-Post AB1600 2,124,150 0 0 0 0 0 0 0 0 2,124,150 2003 Purchase Power Buy-Out 0 0 4,273,837 0 0 0 0 0 0 4,273,837 Storm Damage Fund 275,548 0 0 0 0 0 0 0 0 275,548 Building Fund 238,095 0 0 0 0 0 0 0 0 238,095 Electric Rate Reserve Fund 1,116,934 0 0 0 0 0 0 0 0 1,116,934 Pension Provision GASB 45 183,557 0 0 0 0 0 0 0 0 183,557 WAPA Restricted Fund 24,913 Total Electric Investments $8,816,123 $0 $4,273,837 $0 $0 $0 $0 $376,878 $900 $13,442,824 WATER FUNDS General Fund $478,675 $0 $0 $0 $0 $0 $0 $0 $0 $478,675 Facilities Fees-Global after 5/5/97 5,119,343 0 0 0 0 0 0 0 0 5,119,343 2006 COP Funds 0 0 0 1,901,047 296,077 0 7,307,231 0 0 9,504,355 Water Capital Reserve 289,274 0 0 0 0 0 0 0 0 289,274 DSC and Operating Reserve Fund 232,230 0 0 0 0 0 0 0 0 232,230 Reserve for Future Meters 339,757 0 0 0 0 0 0 0 0 339,757 Donner Lake Refunds Fund 67,361 0 0 0 0 0 0 0 0 67,361 West River St.Assessment District 32,260 0 0 0 0 0 0 0 0 32,260 Prepaid Connection Fees 78,545 0 0 0 0 0 0 0 0 78,545 Glenshire Loan Repayment Fund 129,756 0 0 0 0 0 0 0 0 129,756 Donner Lake Assessment District Fund 799,754 0 0 0 0 0 0 13,082 0 812,836 Donner Lake Assessment District Surcharge 94,491 0 0 0 0 0 0 0 0 94,491 Donner Lake Assessment District Investment 0 0 0 0 0 1,660,000 0 0 0 1,660,000 SRF Reserve Fund 0 0 0 0 0 0 0 0 120,129 120,129 TSA SAD 11 Improvement Fund 74,674 0 0 0 0 0 0 0 0 74,674 TSA SAD V Improvement Fund 65,804 0 0 0 0 0 0 0 0 65,804 Land Sales Trust Fund 3,524,738 0 0 0 0 0 0 0 0 3,524,738 Reserve Fund-TDPUD Prop 55 310,184 0 0 0 0 0 0 0 0 310,184 Total Water Investments $11,636,847 $0 $0 $1,901,047 $296,077 $1,660,000 $7,307,231 $13,082 $120,129 $22,934,413 MELLOROOS-OLD GREENWOOD $1,241,884 $152,054 $0 $0 $0 $0 $0 $0 $0 $1,393,938 Total Mello Roos-Old Greenwood $1,241,884 $152,054 $0 $0 $0 $0 $0 $0 $0 $1,393,938 MELLOROOS-GRAY'SCROSSING $1,618,441 $0 $1,905,780 $0 $0 $0 $0 $0 $0 $3,524,221 Total Mello Roos-Gray'sCrossing $1,618,441 $0 $1,905,780 $0 $0 $0 $0 $0 $0 $3,524,221 Total Investments $23,313,295 $152,054 $6,179,617 $1,901,047 $296,077 $1,660,000 $7,307,231 $389,960 $121,029 $41,295,396 State Investment Held By Treasurer's Office BNY BNY BNY BNY BNY FSA Capital Mgt US Bank BNY TRUCKEE DONNER PUD INVESTMENT BALANCES As of Month Ended 11/30/07 LAIF FIDELITY FEDERATED FEDERAL FIDELITY FEDERAL FSA US BANK 4.96% MONEY MKT US TREASURY HOME LN MTG INSTL PRIME FARM CREDIT BONDS CHECKING CASH Matures Daily 3%-Matum Daiy 4.65% 5.50%-Nwum W011 4.95% 525%-Matum 3/2021 4.75%-Matum 12/2010 Matures Daily 0.00% Total ELECTRIC FUNDS General Fund $4,852,926 $0 $0 $0 $0 $0 $0 $376,878 $900 $5,230,704 Facilities Fees-Post A81600 2,124,150 0 0 0 0 0 0 0 0 2,124,150 2003 Purchase Power Buy-Out 0 0 4,273,837 0 0 0 0 0 0 4273,837 Storm Damage Fund 275,548 0 0 0 0 0 0 0 0 275,548 Building Fund 238,095 0 0 0 0 0 0 0 0 238,095 Electric Rate Reserve Fund 1,116,934 0 0 0 0 0 0 0 0 1,116,934 Pension Provision GASB 45 183,557 0 0 0 0 0 0 0 0 183,557 WAPA Restricted Fund 24,913 0 0 0 0 0 0 0 0 24,913 Total Electric Investments $8,816,123 $0 $4,273,837 $0 $0 $0 $0 $376,878 $900 $13,467,738 WATER FUNDS General Fund $478,675 $0 $0 $0 $0 $0 $0 $0 $0 $478,675 Facilities Fees-Global after 5/5/97 5,119,343 0 0 0 0 0 0 0 0 5,119.343 2006 COP Funds 0 0 0 1,901,047 296,077 0 7,307,231 0 0 9,504,355 Water Capital Reserve 289,274 0 0 0 0 0 0 0 0 289,274 DSC and Operating Reserve Fund 232,230 0 0 0 0 0 0 0 0 232.230 Reserve for Future Meters 339,757 0 0 0 0 0 0 0 0 339,757 Donner Lake Refunds Fund 67,361 0 0 0 0 0 0 0 0 67,361 West River St.Assessment District 32,260 0 0 0 0 0 0 0 0 32,260 Prepaid Connection Fees 78,545 0 0 0 0 0 0 0 0 78,545 Glenshire Loan Repayment Fund 129,756 0 0 0 0 0 0 0 0 129,756 Donner Lake Assessment District Fund 799,754 0 0 0 0 0 0 13,082 0 812,836 Donner Lake Assessment District Surcharge 94,491 0 0 0 0 0 0 0 0 94,491 Donner Lake Assessment District Investment 0 0 0 0 0 11660,000 0 0 0 1,660,000 SRF Reserve Fund 0 0 0 0 0 0 0 0 120,129 120,129 TSA SAD II Improvement Fund 74,674 0 0 0 0 0 0 0 0 74,674 TSA SAD V Improvement Fund 65,804 0 0 0 0 0 0 0 0 65,804 Land Sales Trust Fund 3,524,738 0 0 0 0 0 0 0 0 3,524,738 Reserve Fund-TDPUD Prop 55 310,184 0 0 0 0 0 0 0 0 310,184 Total Water investments $11,636,847 $0 $0 $1,901,047 $296,077 $1,660,000 $7,307,231 $13,082 $120,129 $22,934,413 MELLOROOS-OLD GREENWOOD $1,241,884 $152,054 $0 $0 $0 $0 $0 $0 $0 $1,393,938 Total Mello Roos-Old Greenwood $1,241,884 $152,054 $0 $0 $0 $0 $0 $0 $0 $1.393,938 MELLOROOS-GRAY'SCROSSING $1,618,441 $0 $1,905,780 $0 $0 $0 $0 $0 $0 $3,524,221 Total Mello Roos-Gray's Crossing $1,618,441 $0 $1,905,780 $0 $0 $0 $0 $0 $0 $3,524,221 Total Investments $23,313,295 $152,054 $6,179,617 $1,901,047 $296,077 $1,660,000 $7,307,231 $389,960 $121,029 $41,320,310 State Investment Held By Treasurers Office BNY BNY BNY BNY BNY FSA Capital Mgt US Bank BNY