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HomeMy Public PortalAboutSeptember 15, 2020 City Council Packet CITY COUNCIL CLOSED & REGULAR SESSION 550 E. 6th Street, Beaumont, CA Tuesday, September 15, 2020 Closed Session: 5:00 PM | Regular Meeting: 6:00 PM Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk’s office at 550 E. 6th Street during normal business hours AGENDA MEETING PARTICIPATION NOTICE This meeting will be conducted utilizing teleconference communications and will be recorded for live streaming as well as open to public attendance subject to social distancing and applicable health orders. All City of Beaumont public meetings will be available via live streaming and made available on the City's official YouTube webpage. Please use the following link during the meeting for live stream access. BeaumontCa.gov/Livestream Public comments will be accepted using the following options. 1. Written comments will be accepted via email and will be read aloud during the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Comments can be submitted anytime prior to the meeting as well as during the meeting up until the end of the corresponding item. Please submit your comments to: NicoleW@BeaumontCA.gov 2. Phone-in comments will be accepted by joining a conference line prior to the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Please use the following phone number to join the call: (951) 922 - 4845 3. In person comments subject to the adherence of the applicable health orders and social distancing requirements. In compliance with the American Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's office using the above email or call (951) 572 - 3196. Notification 48 hours prior to a meeting will ensure the best reasonable accommodation arrangements. 1 CLOSED SESSION - 5:00 PM A Closed Session of the City Council / Beaumont Financing Authority / Beaumont Utility Authority / Beaumont Successor Agency (formerly RDA)/Beaumont Parking Authority / Beaumont Public Improvement Authority may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. Any public comment on Closed Session items will be taken prior to the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session with be made in the City Council Chambers. CALL TO ORDER Mayor Santos, Mayor Pro Tem Lara, Council Member Carroll, Council Member Martinez, Council Member White Public Comments Regarding Closed Session 1. Conference with Labor Negotiators - Pursuant to Government Code Section 54957.6 City Designated Representatives City Manager Todd Parton and Administrative Services Director Kari Mendoza. Employee Organizations: Beaumont Police Officers Association 2. Public Employee Performance Evaluation Pursuant to Government Code Section 54957. Title: City Manager 3. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6. Agency Designated Representatives Lloyd White and Mike Lara. Unrepresented Employee: City Manager 4. Conference with Legal Counsel Regarding Existing Litigation-Pursuant to Government Code Section 54956.9(d)(1): Christian Lee. v. City of Beaumont., Case No. RIC 2003005 Adjourn to Regular Session REGULAR SESSION - 6:00 PM CALL TO ORDER Mayor Santos, Mayor Pro Tem Lara, Council Member Carroll, Council Member Martinez, Council Member White Report out from Closed Session: Action on any Closed Session items: Action of any requests for Excused Absence: Pledge of Allegiance: Approval / Adjustments to the Agenda: Conflict of Interest Disclosure: ANNOUNCEMENTS/ RECOGNITION / PROCLAMATIONS / CORRESPONDENCE PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) 2 Any one person may address the City Council on any matter not on this agenda. If you wis h to speak, please fill out a “Public Comment Form” provided at the back table and give it to the City Clerk. There is a three (3) minute time limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the City Council from discussing or taking actions brought up by your comments. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only. 1. Ratification of Warrants Recommended Action: Ratification of Warrants dated: June 4, 2020 June 11, 2020 June 18, 2020 June 25, 2020 2. Designation of Authorized Representatives for FEMA and Cal OES Disaster Assistance Recommended Action: Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, California Designating the City of Beaumont’s Authorized Agent(s) for Non-State Agencies as Required by the California Office of Emergency Services.” 3. Approval of Animal Control Field Services Contract - Morongo Recommended Action: Renew the contract for a one-year term effective November 20, 2020, with the option of automatic one (1) year renewals for up to two (2) years. 4. First Amendment to the Non-Exclusive Lease Agreement with the Boys & Girls Clubs of the San Gorgonio Pass to Lease the Albert A. Chatigny, Sr. Community Recreation Center Located at 1310 East Oak Valley Parkway Recommended Action: Approve the first amendment to the non-exclusive lease agreement with the Boys & Girls Clubs of the San Gorgonio Pass and authorize the City Manager to execute the amendment on behalf of the City of Beaumont. 5. Approve a Purchase Order for Site One Landscape Supply in an Amount Not-to-Exceed $40,000 Recommended Action: Approve a Purchase Order for Site One Landscape Supply in an amount not-to- exceed $40,000 and allocated to General Ledger 100 -6050-7070-0000. 6. Approval of Minutes Recommended Action: Approval of Minutes dated September 1, 2020. 3 PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only. 7. Public Hearing and First Reading to Consider Rules of Procedure for All Meetings of the City Council and Its Appointed Boards and Committees Amending the Current Rules of Procedure Established in Beaumont Municipal Code Section 2.04 Recommended Action: Hold a Public Hearing, and Waive the first full reading and approve by title only, “An Ordinance of the City of Beaumont Approving Amendments to the City of Beaumont Municipal Code Pertaining to Rules of Procedure.” ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 8. Award of Contracts to Wood Maintenance Services, Inc; Clean Harbors Environmental Services, Inc.; and Environmental Logistics, for Homeless Encampment Cleanup Services on City-Owned Properties Recommended Action: Award a homeless encampment cleanup services contract to each of the following three vendors: (1) Woods Maintenance Services, Inc.; (2) Clean Harbors Environmental Services, Inc; and (3) Environmental Logistics and authorize the City Manager to execute the agreements on behalf of the City of Beaumont. 9. Award an Agreement for Maintenance Services to Turboscape, Inc. in an Amount Not - To-Exceed $100,000 for City-wide Mulching Recommended Action: Award an Agreement for Maintenance Services for wood mulch installation to Turboscape, Inc. in an amount not-to-exceed $100,000 and authorize the City Manager to execute the agreement on behalf of the City. 10. Fiscal Year 2020-21 Development Impact Mitigation Fee Program Adjustments Pursuant to Ordinances 1087, 1092, 1095 and Resolution 2017-23 Recommended Action: Receive and file. 11. Adoption of the City of Beaumont Investment Policy Recommended Action: Review the policy, including any proposed revisions by the Finance and Audit Committee and adopt the investment policy. 12. Set Time, Date and Place for Special Workshop Recommended Action: Establish a time, date and place for a special workshop. 4 13. City Attorney Invoices for the Month of August 2020. Recommended Action: Approve invoices in the amount of $107,381.65. LEGISLATIVE UPDATES AND DISCUSSION 14. Townsend Update COUNCIL REPORTS - Carroll - Lara - Martinez - Santos - White ECONOMIC DEVELOPMENT UPDATE Economic Development Committee Report Out and City Council Direction CITY TREASURER REPORT Finance and Audit Committee Report Out and City Council Direction CITY CLERK REPORT CITY ATTORNEY REPORT 15. Status of Litigation CITY MANAGER REPORT FUTURE AGENDA ITEMS ADJOURNMENT The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for Tuesday, October 6, 2020, at 5:00 p.m. or thereafter as noted on the posted Agenda for Closed Session items in the City Council Board Room No. 5, followed by the regular meeting at 6:00 p.m. or thereafter as noted on the posted Agenda at City Hall. 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Staff Report TO: City Council FROM: Todd Parton, City Manager DATE September 15, 2020 SUBJECT: Designation of Authorized Representatives for FEMA and Cal OES Disaster Assistance Background and Analysis: The City applies for assistance from Federal Emergency Management Agency (FEMA) and California’s Governor’s Office of Emergency Services (Cal OES) when major disasters strike. FEMA administers federal disaster assistance programs, and Cal OES administer state disaster assistance programs. A designation of applicant’s agent resolution for non-state agencies is required to be on file with Cal OES and updated every 3 years. By approving the attached resolution, the City Council designates the individuals who hold these specific positions to be the City’s representatives to FEMA and Cal OES. Fiscal Impact: No fiscal impact. Recommended Action: Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, California Designating the City of Beaumont’s Authorized Agent(s) for Non-State Agencies as Required by the California Office of Emergency Services.” Attachments: A. Resolution 69 Item 2. RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, DESIGNATING THE CITY OF BEAUMONT’S AUTHORIZED AGENT(S) FOR NON-STATE AGENCIES AS REQUIRED BY THE CALIFORNIA OFFICE OF EMERGENCY SERVICES BE IT RESOLVED by the City Council of the City of Beaumont that the City Manager, or Chief of Police, or Assistant City Manager, or Finance Director is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the Federal Emergency Management Agency and sub-granted through the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 15th day of September, 2020, by the following roll call vote: AYES NOES ABSENT ABSTAIN _______________________ Rey Santos, Mayor ATTEST: ______________________________ Nicole Wheelwright, Deputy City Clerk 70 Item 2. Staff Report TO: City Council FROM: Sean Thuilliez, Chief of Police DATE September 15, 2020 SUBJECT: Approval of Animal Control Field Services Contract - Morongo Background and Analysis: The City of Beaumont (“City”) currently contracts with the Morongo Band of Mission Indians (“Morongo”) to provide limited Animal Control Field Services. The contract with Morongo is a “pay as you use” program. The current contract expires on November 20, 2020. Under the terms of the contract, the Beaumont Animal Cares Program provides field services to the tribal areas of Morongo on a per call basis. The agreement provides the following services: a. If available, a trained animal control field service officer on duty ("ACO") seven (7) days a week, between the hours of 7 a.m. and 5 p.m., in which ACO shall be equipped with a motor vehicle suitable for the impoundment of small animals, including basic tools required to perform basic animal services. If such officer is not available, then Morongo shall be responsible for responding to calls for service. b. Beaumont will provide Morongo 24-hour access to Beaumont temporary kennels. c. Beaumont will provide transportation of impounded animals from Beaumont Police Department to Ramona Animal Shelter. For each animal control service call-out, Morongo will agree to pay the City $75.00 (which includes mileage expenses) on a per call basis, plus any actual costs incurred including, but not limited to, the impoundment of large or wild animals, tranquilizers, veterinary services, shelter services, additional officers, animal cruelty investigations, and any other services not within the scope of Basic Animal Services, billed monthly. 71 Item 3. For each animal delivered by Morongo to the Beaumont Police Department, Morongo will agree to pay the City $35.00 per impound, plus any actual costs incurred. Fiscal Impact: There is zero net impact to the general fund, as actual costs will be billed to Morongo. Monies collected from Morongo for per call costs will return to the general fund, offsetting costs of animal control services. Recommended Action: Renew the contract for a one-year term effective November 20, 2020, with the option of automatic one (1) year renewals for up to two (2) years. Attachments: A. Agreement to Provide Animal Control Services to Morongo 72 Item 3. Attachment A Animal Control Services Agreement 73 Item 3. 74 Item 3. 1 AGREEMENT TO PROVIDE ANIMAL CONTROL FIELD SERVICES THIS AGREEMENT is made and effective November 20, 2020, by and between the MORONGO BAND OF MISSION INDIANS ("Morongo") and the CIT Y OF BEAUMONT ("Beaumont''). Beaumont and Morongo are at times hereinafter collectively referred to as "Parties" or individually as a "Party". RECITALS A. Beaumont has the personnel, experience and equipment to provide animal control field services under the direction of Beaumont's Chief of Police. B. Morongo has asked Beaumont to provide it with animal control field services. It is the purpose of this Agreement to set forth the terms and conditions by which Beaumont will do so. AGREEMENT NOW, THEREFORE, the consideration hereinafter set forth and subject to and upon the terms, covenants and conditions of this Agreement, the Parties agree as follows: 1. Scope of Basic Animal Services. Beaumont shall provide the following Basic Animal Services: a. If available, a trained animal control field service officer on duty ("ACO") seven (7) days a week, between the hours of 7 a.m. and 5 p.m., which ACO shall be equipped with a motor vehicle suitable for the impoundment of small animals, including basic tools required to perform basic animal services. If such officer is not available, then Morongo shall be responsible for responding to calls for service. b. Beaumont will provide Morongo 24 hour access to Beaumont temporary kennels. c. Beaumont will provide transportation of impounded animals from Beaumont Police Department to Ramona Animal Shelter. 2. Compensation. a. For each animal control service call-out, Morongo shall pay to Beaumont the sum of $75.00 (which sum includes mileage expenses), plus any actual costs incurred including, but not limited to, the impoundment of large or wild animals, tranquilizers, veterinary services, shelter services, additional officers, animal cruelty investigations, and any other services not within the scope of Basic Animal Services, billed and paid monthly. b. For each animal delivered by Morongo to the Beaumont Police Department, Morongo shall pay to Beaumont the sum of $35.00, plus any actual costs incurred as listed in paragraph 2.a. 3. Term of Agreement. The initial term of this Agreement shall be for one (1) year with automatic one year renewals for two additional years unless terminated sooner as provided in section 5. 4. Tribal Escort. An ACO shall, whenever practicable, be accompanied by a Morongo Public Safety Officer on each service call. 75 Item 3. 2 5. Termination. Morongo or Beaumont may terminate this Agreement at any time, upon 30-days prior written notice; provided, however, that Morongo shall pay for all services rendered to it prior to the date of termination. 6. Morongo Liaison. In order to ensure smooth operation of the services provided hereunder, Morongo and Beaumont, each agrees to appoint a representative who shall be responsible for coordinating the implementation of this Agreement. a. Beaumont Appointment. Beaumont appoints the Chief of Police as its representative. The Chief may be contacted as follows: Name: Sean Thuilliez Chief of Police Beaumont Police Department 660 Orange Avenue Beaumont, CA 92223 Telephone: 951-769-8500 Fax: 951-769-8508 E-mail: sthuilliez@beaumontpd.org b. Morongo Appointment. Morongo appoints Morongo Manager as its representative. Morongo Manager may be contacted as follows: Name: Radames Gil Chief of Police Morongo Tribal Reservation Patrol 47350 Foothill Road Banning, CA 92220 Telephone: 951-755-5305 Fax: 951-755-5127 E-mail: rgil@morongo-nsn.gov 7. Notices. Any notice, payment, statement, or demand required or permitted to be given hereunder by either Party to the other shall be affected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the Parties at the addres ses appearing in section 6 above unless either Party changes its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three (3) days after mailing. 8. Indemnification. Nothing in the provisions of this Agreement is intended to create duties or obligations to, or rights in, third parties not party to this Agreement, or affect the legal liability of either Party to this Agreement by imposing any standard of care different from the standard of care applicable to either Party under California law respecting the regulation and enforcement of laws regarding animals. It is understood and agreed that neither Morongo nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by Beaumont under or in connection with any work, authority or jurisdiction delegated to Beaumont under this Agreement. It is also understood and agreed that Beaumont shall defend, indemnify and save harmless Morongo, all officers, and employees from all claims, suits or actions of every name, kind, and description brought forth or on account of injuries or death of any person or damage to property resulting from anything done or omit ted to be done by Beaumont under this Agreement. It is understood and agreed that neither Beaumont nor any officer or employee thereof: is responsible for any damage or liability occurring by reason of anything done or omitted to be done by Morongo under or in connection with any work, authority or jurisdiction delegated to Morongo under this Agreement. It is also understood and agreed that Morongo shall defend, indemnify and save harmless Beaumont, all officers and employees from all claims, suits or acti ons of every name, kind and description brought forth on account 76 Item 3. 3 of injuries or death of any person or damage to property resulting from anything done or omitted to be done by Morongo under connection with any work, authority or jurisdiction delegated to M orongo under this Agreement except as otherwise provided by applicable statute. 9. Status of the Parties' Officers/Employees/Agents . Neither Party’s officers, employees, agents, partners, other contractors nor subcontractors shall be deemed to be employees o f the other Party at any time. Nothing in this Agreement shall be construed as creating a civil service employer - employee relationship or a joint venture relationship. No officer, employee, agent, partner, other contractor or subcontractor of the other Party shall be eligible for membership in or any benefits from any plan for hospital, surgical, or medical insurance, or for membership in any retirement program, paid vacation, paid sick leave, other leave, with or without pay, collective bargaining rights, grievance procedures, or any other benefits which insures to or accrues to an employee of the other Party. The only performance and rights due the other Party are those specifically stated in this Agreement. 10. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California . Additionally, this Agreement has been formed and shall be performed in Riverside County. 11. Limited Waiver of Sovereign Immunity. a. Morongo hereby grants to Beaumont an irrevocable limited waiver of sovereign immunity from unconsented suit and consents to suit pursuant to Paragraph 10 in accordance with this Agreement to: (1) interpret or enforce the terms of the Agreement and obtain a binding court ruling thereby; and (2) enforce the award of all orders including any for damages owing as a consequence of a breach of the Agreement. b. Recipient of Waiver. The recipient of the benefit of the irrevocable waiver of sovereign immunity is limited to Beaumont and no other person or entity, private or governmental, or assignee. c. Enforcement. Morongo consents to the jurisdiction of and to be sued in, and accepts and agrees to be bo und by any order or judgment of, any United States District Court or any California Superior Court, in eac h case sitting in the County of Rivers ide, or otherwise assigned, and any federal or state court having appellate jurisdiction, consistent with the terms and provisions of its limited waiver and agreement. d. No Revocation of Sovereign Immunity Waiver . Morongo covenants and agrees that its limited waiver of sovereign immunity and other waivers contained in this Agreement are irrevocable so long as this Agreement remains in effect. Upon the termination of this Agreement, Morongo's limited waiver of sover eign immunity also shall terminate except as to legal actions pending in a forum identified in paragraph 11.c and as to subsequently filed legal actions based on conduct by Morongo that occurred prior to the date the Agreement was terminated. Except as provided in this paragraph 11, Morongo agrees not to revoke or further limit. in whole or in part, its limited waiver of sovereign immunity or other waivers contained in this Paragraph 11 or in any way attempt to revoke or further limit, in whole or in par t, such limited waiver of sovereign immunity. e. Written Assurances. Morongo shall provide Beaumont with written assurances that (1) the Morongo Tribal Council has approved the limited waiver, (2) the Tribal Council took all other necessary steps to grant the limited waiver within 30 days of execution of this Agreement, and (3) the 77 Item 3. 4 person who signed this Agreement on behalf of Morongo was authorized to do so by the Tribal Council. 12. Entire Agreement. This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written previous and contemporary agreements between the Parties relating to matters herein; and except as otherwise provided herein, cannot be modified without t he prior written agreement of the Parties. 13. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 14. Successors and Assigns. This Agreement shall be binding upon and insure to the benefit of the Parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Agreement, their assigns. 15. Captions. The captions to the various clauses of this Agreement are for info rmation purposes only and shall not alter the substance of the terms and conditions of this Agreement. 16. Authorization. Each of the Parties represents and warrants to the other that this Agreement has been duly authorized by all necessary corporate or governmental action on the part of the representing Party and that this Agreement is fully binding on such Party. 17. Amendments to this Agreement. From time-to-time, Morongo and Beaumont may determine that the provision of services hereunder could be improved, made more efficient or expanded. Therefore, the Parties agree to meet and confer at the request of either Party and to negotiate in good faith such reasonable amendments to this Agreement as the Parties deem appropriate. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by the following authorized officials. CITY OF BEAUMONT: MORONGO BAND OF MISSION INDIANS By: ___________________________________ By: ___________________________________ REY SANTOS, Mayor ROBERT MARTIN, Chairman ATTEST: By: __________________________________ STEVEN MEHLMAN, City Clerk APPROVED AS TO FORM: __________________________________ _______________________________ City Attorney Tribal Attorney 78 Item 3. Staff Report TO: City Council FROM: Elizabeth Gibbs, Community Services Director DATE September 15, 2020 SUBJECT: First Amendment to the Non-Exclusive Lease Agreement with the Boys & Girls Clubs of the San Gorgonio Pass to Lease the Albert A. Chatigny, Sr. Community Recreation Center Located at 1310 East Oak Valley Parkway Background and Analysis: On May 5, 2020, City Council approved a non-exclusive lease agreement with the Boys & Girls Clubs of the San Gorgonio Pass to lease the Albert A. Chatigny, Sr. Community Recreation Center to provide childcare to residents considered to be essential critical infrastructure workers by the State of California Public Health Officer, in accordance with the Governor’s stay at home order (Attachment A). The non-exclusive lease agreement has allowed the City the flexibility to provide other critical services, such as a cooling center, and includes the Boys & Girls Club covering the monthly utility costs of the building. The approved agreement stated, in part, that any extension past September 30, 2020 , shall require approval by City Council at a duly held meeting. A first amendment to the agreement has been drafted and is attached (Attachment B). The first amendment outlines a month-to-month time extension set to expire December 31, 2020, at which time the agreement will be brought back before City Council for additional consideration. Fiscal Impact: Approval of the first amendment will have a positive economic impact and provide relief of the expenses currently incurred to operate the facility. Recommended Action: Approve the first amendment to the non-exclusive lease agreement with the Boys & Girls Clubs of the San Gorgonio Pass and authorize the City Manager to execute the amendment on behalf of the City of Beaumont. 79 Item 4. Attachments: A. Non-Exclusive Lease Agreement B. First Amendment to the Non-Exclusive Lease Agreement 80 Item 4. 81 Item 4. 82 Item 4. 83 Item 4. 84 Item 4. 85 Item 4. 86 Item 4. 87 Item 4. 88 Item 4. 89 Item 4. 90 Item 4. 91 Item 4. -1- FIRST AMENDMENT TO NON-EXCLUSIVE LICENSE AGREEMENT THIS FIRST AMENDMENT TO NON-EXCLUSIVE LICENSE AGREEMENT (“Amendment”) effective as of the date executed by both parties below is entered into by the CITY OF BEAUMONT, a municipal corporation (“Licensor”), and The Boys and Girls Club of the San Gorgonio Pass (“Licensee”). RECITALS: A. Licensor and Licensee entered into that certain Non-Exclusive License Agreement dated _____________, 2020. B. Licensor and Licensee wish to extend the term of the License as provided herein. NOW THEREFORE, THE PARTIES AGREE TO AMEND SECTION 4 OF THE LICENSE TO READ AS FOLLOWS: 4. TERM A. The term of the License shall begin on the Commencement Date and continue until September 30, 2020 subject to extension for additional period of one calendar month each not to extend past December 31st, 2020 provided that the extension is approved in writing by the City Manager and the Licensee. Any extension past December 31st, 2020 must be approved in advance by the City Council of the City of Beaumont acting at a duly held meeting. The parties have caused this Amendment to be executed by their duly authorized representatives as of the dates set forth below their respective signatures. LICENSOR: CITY OF BEAUMONT By: _______________________________ Todd Parton, City Manager LICENSEE: THE BOYS AND GIRLS CLUB OF SAN GORGONIO PASS By: ______________________________ Print Name: _______________________ Title: _____________________________ 92 Item 4. Staff Report TO: City Council FROM: Elizabeth Gibbs, Community Services Director DATE September 15, 2020 SUBJECT: Approve a Purchase Order for Site One Landscape Supply in an Amount Not-to-Exceed $40,000 Background and Analysis: Recently, City staff contacted several landscape supply vendors and requested informal quotes on the sale and delivery of irrigation supplies that the Parks and Recreation Department uses on a regular basis. Three companies responded to the request and submitted quotes based on a single quantity rate for each of the 21 most frequently purchased items by the City. After thoroughly reviewing the quotes, Site One Landscape Supply had the lowest prices for many of the items requested. In order to streamline purchases in an efficient manner and specifically related to irrigation supplies, a purchase order is needed in an amount that correlates to the adopted Fiscal Year 2021 budget. Fiscal Impact: Irrigation supplies are included in the adopted Fiscal Year 2021 budget under account number 100-6050-7070-0000. Recommended Action: Approve a Purchase Order for Site One Landscape Supply in an amount not-to- exceed $40,000 and allocated to General Ledger 100 -6050-7070-0000. Attachments: A. Quotes 93 Item 5. 94 Item 5. 95 Item 5. 96 Item 5. 97 Item 5. 98 Item 5. 99 Item 5. 100 Item 5. 101 Item 5. 102 Item 5. CITY COUNCIL CLOSED & REGULAR SESSION 550 E. 6th Street, Beaumont, CA Tuesday, September 01, 2020 Closed Session: 5:00 PM | Regular Meeting: 6:00 PM Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk’s office at 550 E. 6th Street during normal business hours MINUTES CLOSED SESSION - 5:00 PM A Closed Session of the City Council / Beaumont Financing Authority / Beaumont Utility Authority / Beaumont Successor Agency (formerly RDA)/Beaumont Parking Authority / Beaumont Public Improvement Authority may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. Any public comment on Closed Session items will be taken prior to the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session with be made in the City Council Chambers. CALL TO ORDER at 5:01 p.m. Present: Mayor Santos, Mayor Pro Tem Lara, Council Member Carroll, Council Member Martinez, Council Member White Public Comments Regarding Closed Session None 1. Conference with Labor Negotiators - Pursuant to Government Code Section 54957.6 City Designated Representatives City Manager Todd Parton and Administrative Services Director Kari Mendoza. Employee Organizations: Beaumont Police Officers Association No reportable action 2. Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b)(1) - Employee Title: City Manager No reportable action. Adjourn to Regular Session 103 Item 6. REGULAR SESSION - 6:00 PM CALL TO ORDER at 6:04 p.m. Present: Mayor Santos, Mayor Pro Tem Lara, Council Member Carroll, Council Member Martinez, Council Member White Report out from Closed Session: see above Action on any Closed Session items: None Action of any requests for Excused Absence: None Pledge of Allegiance: Approval / Adjustments to the Agenda: None Conflict of Interest Disclosure: None ANNOUNCEMENTS/ RECOGNITION / PROCLAMATIONS / CORRESPONDENCE PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a “Public Comment Form” provided at the back table and give it to the City Clerk. There is a three (3) minute time limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the City Council from discussing or taking actions brought up by your comments. No speakers CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only. 3. Ratification of Warrants Recommended Action: Ratify warrants dated: May 21, 2020 May 28, 2020 4. Approval of Minutes Recommended Action: Approval of Minutes dated: July 28, 2020 August 18, 2020 104 Item 6. 5. Authorize City Staff to Apply for the Fiscal Year 2020 Edward Byrne Memorial Justice Assistance Grant Program and Authorize the City Manager to Execute an Interlocal Agency Agreement with the County of Riverside to Seek Justice Assistance Grant Funds Recommended Action: Authorize staff to apply for the Fiscal Year 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) program, and Authorize the City Manager to execute a interlocal agency agreement between the County of Riverside and the City of Beaumont to seek JAG funds for Fiscal Year 2020. 6. Approval of a Five-Year Purchase Contract with Axon Enterprise, Inc. for Taser 7 Systems in an Amount Not to Exceed $38,790 Recommended Action: Approve a five-year purchase contract with Axon Enterprise, Inc. for Taser 7 Systems in an amount not to exceed $38,790. 7. Authorize the City Manager to Execute a 36-Month Services Agreement with Frontier Communications to Provide Internet Services to the Beaumont Police Department Recommended Action: Authorize the City Manager to execute a 36-month services agreement with Frontier Communications for a new 1GB internet line and 60 direct inbound dial number for the Police Department in the amount of $14,280 per year. 8. Performance Bond Acceptance and Security Agreement for MPLD II Inland Empire LLC, Parcel Map 36426 Fourth Street Sewer Improvements Recommended Action: Accept the following bond and security agreement: Performance Bond No. 107174939 for sewer improvements. 9. A Resolution of The City of Beaumont Authorizing City Council to Summarily Vacate Street Right-of-Way from Luis Estrada Road Fronting Maya Plaza and Being Generally Located at the Southwest Corner of the Intersection with SR-79 Recommended Action: Waive the full reading and adopt by title only, “A Resolution of The City of Beaumont Authorizing City Council to Summarily Vacate Street Right-of-Way from Luis Estrada Road Fronting Maya Plaza”; Approve the Quitclaim Deed and Authorize the Mayor to Execute; and 105 Item 6. Record the street vacation and Quitclaim Deed documents with the Riverside County Clerk Recorder’s Office. 10. A Resolution of The City of Beaumont Authorizing the Mayor to Accept the Offer of Dedication for Drainage Maintenance Within Luis Estrada Road and Euclid Road (Now Vacated); Approve the Certificate of Acceptance for Drainage Maintenance Easement; and Record the Offer of Dedication Documents with the Riverside County Clerk Recorder’s Office Recommended Action: Waive the full reading and adopt by title only, “A Resolution of The City of Beaumont Authorizing the Mayor to Accept the Offer of Dedication for Drainage Maintenance Within Luis Estrada Road and Euclid Road (Now Vacated)”; Approve the Certificate of Acceptance for Drainage Maintenance Easement; and Record the Offer of Dedication documents with the Riverside County Clerk Recorder’s Office. Motion by Council Member White Second by Council Member Carroll To approve the Consent Calendar. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only. ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. 11. A Resolution Authorizing the Issuance of Its 2020 Special Tax Bonds in an Aggregate Principal Amount Not to Exceed $4,000,000 and Approving Certain Documents and Taking Certain Other Actions in Connection Therewith,” and Authorizing the Execution and Delivery of an Acquisitions Agreement Relating to the City of Beaumont Community Facilities District No. 2019-1 and Approving Certain Documents and Taking Certain Other Actions in Connection Therewith Motion by Council Member White Second by Mayor Santos To waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, Acting as the Legislative Body of the City of Beaumont Community Facilities District No. 2019-1, Authorizing the Issuance of Its 2020 Special Tax Bonds in an Aggregate Principal Amount Not to Exceed $4,000,000 and Approving Certain Documents and Taking Certain Other Actions in Connection Therewith;” and 106 Item 6. Waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont Authorizing the Execution and Delivery of an Acquisitions Agreement Relating to the City of Beaumont Community Facilities District No. 2019-1 and Approving Certain Documents and Taking Certain Other Actions in Connection Therewith.” Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote 12. Authorize Payment to Webb Municipal Finance, LLC in the Amount of $199,095 for CFD Administration and Special Tax Consulting Services Motion by Council Member White Second by Council Member Carroll To approve the updated work order from Webb Municipal Finance LLC in the amount of $199,095. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote 13. Authorize the Mayor to Execute the Notice of Completion Documents for the Capital Improvement Street Program and Record the Notice of Completion Documents with the Riverside County Clerk Recorder’s Office Motion by Mayor Pro Tem Lara Second by Council Member Carroll To authorize the Mayor to Execute the Notice of Completion documents for the Capital Improvement Street Program; and Record the Notice of Completion Documents with the Riverside County Clerk Recorder’s Office. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote 14. Memorandum of Understanding with the Western Riverside Council of Governments for Monetary Contributions From Developer for the Pennsylvania Widening Project Motion by Mayor Pro Tem Lara Second by Council Member Carroll 107 Item 6. To authorize the Mayor to execute a Memorandum of Understanding with the Western Riverside Council of Governments for Monetary Contributions from Developer for the Pennsylvania Widening Project. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote 15. Approve the Cooperative Funding Agreement between Riverside County Flood Control and Water Conservation District and City of Beaumont for the Construction of Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project Motion by Council Member Carroll Second by Council Member Lara To approve the Cooperative Funding Agreement between Riverside County Flood Control and Water Conservation District and City of Beaumont for the Construction of Beaumont Master Drainage Plan (MDP) Line 2, Stage 1 Project. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote 16. Approve Payment to the Riverside County Sheriff’s Department for California Identification System Services for FY 2021 Motion by Council Member Martinez Second by Council Member White To authorize payment to the Riverside County Sheriff’s Department for CAL-ID services for FY 2021. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote 17. Resolution Establishing A Policy that Delegates Tort Liability Claims Handling Responsibilities to Its Staff and/or Its Third-Party Claims Administrator, George Hills Company Motion by Mayor Pro Tem Lara Second by Mayor Santos To waive the full reading and adopt by title only, “A Resolution of the City Council of the City of Beaumont, California, Establishing a Policy that Delegates Tort Liability Claims Handling Responsibilities to Its Staff and/or Its Third-Party Claims Administrator, George Hills Company, As Authorized by Government Code Sections 910 Et Seq.” 108 Item 6. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote 18. League of California Cities Annual Conference Resolution Packet Motion by Council Member Martinez Second by Mayor Pro Tem Lara To support the resolution with a request to further focus on amendment no. 1 of the resolution regarding establishing and implementing a reasonable program to identify and take down content. Ayes: Council Member White, Council Member Martinez, Council Member Carroll, Mayor Pro Tem Lara, Mayor Santos Approved by a unanimous vote 19. Consideration of Allocation of Bond Proceeds and Community Facilities District (CFD) Funds for Additional Capital Improvement Projects Consensus to proceed with the presented project list to amend the CIP on September 15, 2020. 20. Consider Draft City Council Rules of Procedure for All Meetings of the City Council and Its Appointed Boards and Committees Amending the Current Rules of Procedure Established in Beaumont Municipal Code Section 2.04 Consensus to proceed with a formal ordinance for consideration with minor additions and modifications. LEGISLATIVE UPDATES AND DISCUSSION 21. Townsend Legislative Update CITY CLERK REPORT City Clerk gave an update of the upcoming election. COUNCIL REPORTS Carroll - No meetings to report on. Lara - Spoke to the opening of the new businesses and thanked BPD. Martinez - No meetings to report on. Spoke to the success of the Symetra Tournament and the new businesses that have opened. Santos - Spoke to the openings of new businesses in town and the success of the Symetra 109 Item 6. Tournament. White - No meetings to report on. Thanked BPD. ECONOMIC DEVELOPMENT UPDATE Economic Development Committee will be meeting on September 9th. CITY TREASURER REPORT No report CITY ATTORNEY REPORT No report CITY MANAGER REPORT Spoke regarding the monitoring of the burn areas during the rainy season. FUTURE AGENDA ITEMS None ADJOURNMENT at 9:20 p.m. 110 Item 6. Staff Report TO: City Council FROM: Todd Parton, City Manager DATE September 15, 2020 SUBJECT: Public Hearing and First Reading to Consider Rules of Procedure for All Meetings of the City Council and Its Appointed Boards and Committees Amending the Current Rules of Procedure Established in Beaumont Municipal Code Section 2.04 Background and Analysis: At its regular meeting of August 18, 2020, the City Council directed the City Attorney to develop some draft rules of procedure for conducting public meetings of the City Council. On September 1, 2020, City Council reviewed the draft and gave direction for modifications to be brought back in the form of an ordinance for a public hearing and first reading. These rules of procedure would amend Chapter 2.04 of Title 2 of the Beaumont Municipal Code to expand the application of Rosenburg’s Rules of Order as procedural guidance for City Council meetings and for meetings of other City boards and commissions. It will provide a process of appointing individuals to City boards and commissions and to the boards of outside agencies. It will also provide a process for selecting a Mayor and Mayor Pro Tempore. Should the City Council approve the first reading of the presented ordinance, it will be brought back to a future meeting for a second reading and adoption. Fiscal Impact: City estimates that preparation of this report cost approximately $825. Recommended Action: Hold a Public Hearing, and 111 Item 7. Waive the first full reading and approve by title only, “An Ordinance of the City of Beaumont Approving Amendments to the City of Beaumont Municipal Code Pertaining to Rules of Procedure.” Attachments: A. Ordinance 112 Item 7. ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF BEAUMONT APPROVING AMENDMENTS TO THE CITY OF BEAUMONT MUNICIPAL CODE PERTAINING TO RULES OF PROCEDURE WHEREAS, Chapter 2.04 of Title 2 of the Beaumont Municipal Code currently sets forth the City Council adopted Rules of Procedures for Council meetings; and WHEREAS, to facilitate the orderly and timely conduct of City meetings and to promote wider community understanding and participation in City meetings, the City Council desires to amend Chapter 2.04 of Title 2 of the Beaumont Municipal Code to expand the application of Rosenberg’s Rules of Order as procedural guidance for City Council meetings and for meetings of other City boards and commissions; and WHEREAS, the City Council desires to provide further guidance and clarity on the process to be utilized by the City Council in selecting its Mayor and Mayor Pro Tempore; and WHEREAS, the City Council desires to provide further clarity regarding the process to be utilized by the City Council in appointing individuals to City boards and commissions and to the boards of outside agencies; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. 113 Item 7. SECTION 3. The City Council hereby amends Title 2, Chapter 2.04, “City Council Meetings” to read as follows: Chapter 2.04 CITY COUNCIL RULES OF PROCEDURE Sections: 2.04.010 Time and place – Generally. 2.04.020 Time and place – Holiday. 2.04.030 Notice of Meetings. 2.04.040 Rules of Procedure. 2.04.050 Presiding Officer. 2.04.060 Maintenance of Order. 2.04.070 Decorum. 2.04.080 Items for Future Agendas and Time Limits for Comments. 2.04.090 Nomination of Mayor and Mayor Pro Tempore. 2.04.100 Appointments to City Boards and Commissions. 2.04.110 Appointment of Council Members to Boards and Commissions of Outside Agencies. 2.04.120 Mayoral Responsibilities. 2.04.130 Council Member Conduct. 2.04.140 Council Member Vacancies. 2.04.010. Time and Place – Generally. Regular meetings of the City Council shall be held at such times and places as may be fixed by resolution duly adopted by the City Council. 2.04.020. Time and Place – Holiday. If a regular meeting of the City Council falls on a legal holiday, such meeting shall be held on the next Wednesday not a legal holiday. 2.04.030. Notice of Meetings. Notice of City Council Meetings shall be given in compliance with the Ralph M. Brown Act, as may be amended from time to time, and as required by California Law. 2.04.040 - Rules of procedure. The City Council will utilize Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century as guidance for parliamentary procedure for all City Council meetings. The Beaumont Planning Commission and other City Council created commissions and committees that are required to hold open meetings in compliance with the Ralph M. Brown Act, shall utilize Rosenberg’s Rules of Order as guidance for parliamentary procedure during their respective meetings. 2.04.050 - Presiding Officer. The Mayor shall be the Presiding Officer at all City Council meetings. In the absence of the Mayor, the Mayor Pro Tempore shall be the Presiding Officer. In the absence of both the Mayor and the Mayor Pro Tempore, the City Council shall elect a temporary Presiding Officer to serve until the arrival of the Mayor or Mayor Pro Tempore, or until adjournment. 114 Item 7. 2.04.060 - Maintenance of Order. The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. In the absence of a rule to govern a point of procedure, the decision of the Mayor or Presiding Officer shall be final and binding, unless overruled by a majority of a quorum of the Council. No person should be allowed to speak without first being recognized by the Mayor or Presiding Officer. A Council Member, once recognized by the Mayor or Presiding Officer, shall not be interrupted while speaking unless called to order by the Mayor or Presiding Officer. All questions and remarks should be addressed to the Mayor or Presiding Officer. The Mayor or Presiding Officer may order any person or group to leave a meeting where said person or group, after warning, willfully interrupts a meeting so as to render the orderly conduct of the meeting unfeasible. If said person or group refuses to leave the meeting after being directed to do so by the Mayor or Presiding Officer, the Mayor or Presiding Officer may implement the procedures authorized by law to evict a disruptive person or group from the meeting and to restore order, including but not limited to the procedures authorized by Government Code Sections 54957.9 and 36813. 2.04.070 - Decorum. No City Council member shall be allowed to speak more than once upon any one subject until every other City Council member wishing to speak thereon shall have had the opportunity to speak. The Mayor and Council Members shall accord the utmost courtesy to each other, to City staff, and to the public appearing before the City Council and shall refrain at all times from rude or derogatory remarks. 2.04.080 - Items for Future Agendas and Time Limits for Comments. A. During a City Council meeting, the Mayor or any member of the Council may direct the City Manager to place an item on a future agenda. B. If a member of the City Council believes that their comments on any item will exceed five minutes, they shall ask the Mayor or Presiding Officer for addi tional time to speak on the item. C. Public comments shall be limited to three minutes per person per agenda item unless otherwise authorized by majority vote. 2.04.090 – Nomination of Mayor and Mayor Pro Tempore. The City Council selection of the Mayor and Mayor Pro Tempore shall occur annually at a regular or special Council meeting in December by a seniority rotation process as follows: A. The office of Mayor and Mayor Pro Tempore shall rotate each year based on the number of years each council member has been in office. Each Council Member shall 115 Item 7. be given a specified position in the rotation sequence. The first person in the sequence, as determined by tenure on the City Council, shall serve as Mayor. The second person in the sequence, shall serve as Mayor Pro Tempore. B. After serving as Mayor, that Council Member moves to the end of the rotation sequence and the other four Council Members move forward, causing the Mayor Pro Tempore to become the Mayor. C. The next Council Member in the rotation after the Mayor Pro Tempore shall then become the Mayor Pro Tempore. D. When a Council Member is newly elected or appointed, the new Council Member is placed in the fourth position in the rotation, after all incumbents, but before the current outgoing Mayor. E. If two or more Council Members are newly elected at the same time, the number of votes received in the election determines the Council Members position in the sequence, with the Council Member receiving the fewest votes placed last in the rotation but before the current outgoing Mayor. F. Incumbent Council Members, when re-elected, retain their placement in the rotation. G. If for any reason a Council Member is removed from the rotation, the remaining Council Members move forward in the sequence. H. A Council Member may decline to serve as Mayor or Mayor Pro Tempore. In this case, the office would pass to the next Council Member on the list. The Council Member who declined may drop back one position in the rotation. I. The selection of the Mayor and Mayor Pro Tempore must be ratified by three affirmative votes. If the Mayor or Mayor Pro Tempore fail to receive three affirmative votes, they retain their current position in the rotation and the office would pass to the next Council Member on the list, subject to ratification by three affirmative votes. This process continues until a Mayor and Mayor Pro Tempore are ratified by three affirmative votes. The newly selected Mayor and Mayor Pro Tempore shall be seated in their positions immediately after they have been approved by three affirmative Council Member votes. J. The City Clerk shall keep and update a list outlining the rotational sequence. K. A Council Member may serve as Mayor or Mayor Pro Tempore a total of two years during a four-year term of office on the Council, but shall not serve as Mayor or Mayor Pro Tempore in consecutive years. 2.04.100 – Appointments to City Boards and Commissions. The City Council shall appoint all City board and commission members as determined by Sections 2.24.040, 2.30.020, and 2.35.040. The following guidelines shall control the appointment process: A. Members of the public may apply when a vacancy on a board or commission occurs. The City Council will conduct interviews of applicants at a City Council meeting once a sufficient number of applications have been received. 116 Item 7. B. Upon completion of applicant interviews, Council Members may nominate applicants to be appointed to the board or commission. Once all nominations are received, a vote will be taken for each nomination beginning with the first applicant nominated. Council Members may vote multiple times if there are multiple vacancies for the board or commission. C. If a nominee receives a majority vote from a quorum of the Council, that nominee shall be appointed to the board or commission. 2.04.110 – Appointment of Council Members to Boards and Commissions of Outside Agencies. At the first regular Council meeting in January of each year, the Mayor shall appoint members to Boards and Commissions of outside agencies in the manner provided for herein. At said meeting, the Mayor shall announce the board or commission for which nominations will be considered and invite nominations from the Council. Once all nominations have been received for the specified position, the Mayor shall close nominations. If only one Council Member is nominated to a specified position, the Mayor shall appoint that Council Member to said Board or Commission. In the event more than one Council Member is nominated for a specified position, the Mayor shall ask the nominees if they are willing to serve in the specified position. If a Council Member declines to serve, that Council Member’s nomination shall be withdrawn. The Council shall hold a discussion and receive statements from nominees where multiple willing Council Members have been nominated for a specified position. Thereafter, the Mayor shall make an appointment to the specified position from among the willing nominees. This process shall be continued until all open positions on boards and commissions of outside agencies are filled. If no nominations are received for a particular board or commission, the Mayor may appoint a Council Member to fill the position. 2.04.120 – Mayoral Responsibilities. The following tasks are the responsibility of the Mayor or if the Mayor is unavailable the Mayor Pro Tempore or Presiding Officer. A. To conduct meetings of the City Council as its chair. B. Ensure decorum is maintained at the meeting. C. To represent the City as its chief elected official at community functions, events, and meetings. D. To review and propose additions to the agendas of meetings of the City Council. E. Appoint individuals to ad hoc committees; F. Serve as the primary spokesperson of the Council in communications with the press; G. Sign all letters authorized by and on behalf of the Council. 117 Item 7. 2.04.130 – Council Member Conduct. City Council Members shall: A. Treat each other, staff, and members of the public with courtesy and respect; B. Maintain confidentiality of all closed session materials and discussion; C. Be attentive to others and limit interruptions and distractions; D. Encourage diverse viewpoints in debate while avoiding personal attacks; E. Agree to respectfully disagree; F. Promote discussion and resolution of problems; G. Comply with and adhere to official decisions and policies of the City Council as approved by a majority of the Council; H. Work in furtherance of the City’s best interests; 2.04.140 – Council Member Vacancies. In the event of a vacancy on the City Council, the Council shall fill the vacancy within 60 days of its occurrence in compliance with and subject to the limitations set forth in the applicable provisions of the Government Code. In the event the City Council chooses to fill the vacancy by appointment, the Mayor shall invite qualified individuals to apply for the vacant position. At a public meeting held in compliance with the Ralph M. Brown Act, the Council shall interview applicants for the vacant position. Upon completion of the applicant interviews, the Mayor shall request nominations for the vacant Council position. Once all nominations have been received for the vacant position, the Mayor shall close nominations and a vote shall be taken on the nominations in the order received. This process shall continue until such time as a nominee receives three affirmative votes of the Council. Upon a nominee receiving three affirmative Council Member votes, the nominee shall be sworn into office and assume the vacant Council position. NOW, THEREFORE, BE IT ORDAINED the City Council of the City of Beaumont, California, approves an amendment to the City Code. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 15th day of September 2020, by the following roll call vote: 118 Item 7. AYES: NOES: ABSENT: ABSTAIN: PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the ___ day of September 2020. AYES: NOES: ABSENT: ABSTAIN: _______________________ Rey Santos, Mayor Attest: ______________________ Nicole Wheelwright, Deputy City Clerk Approved as to form: _________________________ John O. Pinkney, City Attorney 119 Item 7. Staff Report TO: City Council FROM: Elizabeth Gibbs, Community Services Director DATE September 15, 2020 SUBJECT: Award of Contracts to Wood Maintenance Services, Inc; Clean Harbors Environmental Services, Inc.; and Environmental Logistics, for Homeless Encampment Cleanup Services on City-Owned Properties Background and Analysis: Pursuant to Beaumont Municipal Code, Chapter 3.01.040, City staff published a Request for Proposals (RFP) on July 2, 2020, for homeless encampment cleanup services. The RFP was posted on the City’s website and PublicPurchase.com, with a closing date of July 29, 2020. Three vendors responded, including: Wood Maintenance Services, Inc.; Clean Harbors Environmental Services, I nc; and Environmental Logistics. The scope of work included furnishing all labor and equipment to provide turnkey homeless encampment site cleanup for a safe and clean site by removing biohazardous material and other encampment waste material. Additionally, the contractors are required to provide annual training to their employees in OSHA’s Bloodborne Pathogen Standard 1910.1030, require their employees to wear appropriate personal protective equipment, and follow all other protocols established for the situation. The services required will be on an on-call basis but would be scheduled with advanced notice in accordance with State law. Furthermore, all sites would be cleared by the Beaumont Police Department prior to the contractor accessing the site. A committee of staff members from Community Services, Community Development, and the Police Department reviewed and evaluated the submitted proposals. Following the review process, the staff members met to discuss the vendors and agreed that each vendor was proficient in homeless encampment cleanup services. It is the committee’s recommendation that having a pool of contractors to use is the most efficient method of operations in removing homeless encampments on City-owned property. 120 Item 8. Likewise, utilizing a contractor for these types of critical services is in the best interest of the organization and prevents City employees from potential exposure to items that can be dangerous and hazardous, including hypodermic needles and weapons, while allowing staff to focus on other areas that are less of a liability to the organization and community. The City Attorney has drafted an Agreement for Maintenance Services for each of the three vendors which outline the terms and conditions (Attachment A). Fiscal Impact: Expenses associated with homeless encampment cleanup services would be absorbed within the Parks and Recreation Department’s budget under account number 100 -6050- 7068. The cost to prepare this staff report was approximately $1,000. Recommended Action: Award a homeless encampment cleanup services contract to each of the following three vendors: (1) Woods Maintenance Services, Inc.; (2) Clean Harbors Environmental Services, Inc; and (3) Environmental Logistics and authorize the City Manager to execute the agreements on behalf of the City of Beaumont. Attachments: A. 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Staff Report TO: City Council FROM: Elizabeth Gibbs, Community Services Director DATE September 15, 2020 SUBJECT: Award an Agreement for Maintenance Services to Turboscape, Inc. in an Amount Not-To-Exceed $100,000 for City-wide Mulching Background and Analysis: Beaumont Municipal Code Chapter 3.01.040 requires an informal bidding procedure for maintenance work and other general service projects with cost estimates between $45,000 and $175,000. Staff contacted several landscape maintenance contractors that specialize in the sale, delivery, and installation of wood mulch. Wood mulch is needed throughout the City’s landscape maintenance rights-of-way and parks to minimize weed growth and add a positive aesthetic appearance to the landscaped areas. Three companies responded to the request and submitted quotes based on a rate per yard of mulch. Amounts received varied from $36 per yard to $50 per yard of installed mulch. After reviewing the quotes, the individual contractors were contacted to ascertain their ability to handle the installation of large quantities of mulch in a timely manner. It was determined that the lowest, most responsive bidder that could best meet the delivery needs of the City is Turboscape, Inc. Turboscape, Inc. has a valid California contractor’s license and is registered with the Department of Industrial Relations (DIR). They currently operate a fleet of mulch trucks, including one large capacity mulch truck that can distribute 120 yards of mulch in a single load. Their ability to provide the mulching service in a timelier manner far outweighs the lower bidder’s ability and is therefore, more responsive to the City’s needs. Fiscal Impact: Mulching installation costs are included in the adopted Fiscal Year 2021 budget and allocated to 100-6050-7070-0000. 210 Item 9. Recommended Action: Award an Agreement for Maintenance Services for wood mulch installation to Turboscape, Inc. in an amount not-to-exceed $100,000 and authorize the City Manager to execute the agreement on behalf of the City. Attachments: A. Agreement for Maintenance Services 211 Item 9. 212 Item 9. 213 Item 9. 214 Item 9. 215 Item 9. 216 Item 9. 217 Item 9. 218 Item 9. 219 Item 9. 220 Item 9. Staff Report TO: Mayor, and City Council Members FROM: Jeff Hart, Director of Public Works DATE September 15, 2020 SUBJECT: Fiscal Year 2020-21 Development Impact Mitigation Fee Program Adjustments pursuant to Ordinances 1087, 1092, 1095 and Resolution 2017-23 Background and Analysis: On June 20, 2017, the City Council approved an amendment to the sewer capacity fee (Ordinance 1087 and Resolution 2017-23). On September 5, 2017, the City Council approved the establishment of the Local Transportation Facility Mitigation Fee Program (Ordinance 1092). On November 7, 2017, City Council approved the establishment of the 2017 Development Impact Mitigation Fee program (Ordinance 1095). The proposed development impact mitigation fee program appropriately apportions the costs of improvements needed to successfully mitigate the impact of new development on the local infrastructure, Beaumont parks, recreation, police, fire, and civic facilit ies. These facilities are critical in providing a high level of service and safety for the residents and people working within the City of Beaumont. Since the time of adoption, the associated costs of the construction of the facilities have increased slightly which can be seen by the small upward adjustments to each of the fees, except the sewer capacity fee. This year, due to unprecedented circumstances in dealing with a pandemic there is a slight decrease in both the Building Cost Index (BCI) and the Construction Cost Index (CCI). The sewer capacity fee ordinance adjustments are dependent on changes to the Consumer Price Index (CPI), which increased 1.7% year to year. In order to fund projected costs of construction now, and into the future, the app roved ordinances authorized annual adjustments to these development impact fees to keep pace with industry costs. 221 Item 10. The sewer capacity resolution contained a section which authorized an adjustment each fiscal year based on the CPI for the preceding calendar year provided, however, the amounts are adjusted on a pro-rata basis related to actual costs listed in the resolution. Ordinances 1092 and 1095 contained a section which authorized automatic annual adjustments to each of the Development Impact Mitigation Fees (DIFs) by an amount equal to the cumulative percentage difference in the applicable BCI or CCI of the Engineering News Record Index published for the month nearest the effective date of the adjustment. The fees as revised annually, shall be calculated by the city manager or his or her designee and shall be included in a report to the City Council. Upon completion of the review, a -0.47% decrease in the CCI was identified for the following fees:  Traffic Signals,  Railroad Crossings,  Local Streets and Bridges (not covered by the WRCOG TUMF program),  Community Parks, and  Neighborhood Parks. Upon completion of the review, a -1.44% decrease in the BCI was identified for the following fees:  Recreation Facilities,  Fire Stations,  Police Station, and  Public Facilities. Lastly, upon completion of the review, a 1.7% increase in CPI was identified for the following fees:  Sewer Capacity. The details of the adjustments, including the current fee, new fee, increase and increase percentage are provided in the attached tables. (Attachment A and Attachment B) Findings: Government Code Section 66001 requires that an agency establishing, increasing or imposing impact fees, must make findings to: 222 Item 10. 1. Identify the purpose of the fee: To provide for the funding of adequate public facilities to serve additional development. 2. Identify the use of the fee: To fund facilities identified within the study. 3. Determine that there is a reasonable relationship between: a. The use of the fee and the development type on which it is imposed; b. The need for the facility and the type of development on which the fee is imposed; and c. The amount of the fee and the facility cost attributable to the development project. (Applies when fees are imposed on a specific project.) Fiscal Impact: The cost to prepare this staff report is estimated to be $500. Recommended Action: Receive and file. Attachments: A. Table 1 – Local Transportation Facility Mitigation Fee Adjustments B. Table 2 – Development Impact Fee Adjustments C. Engineering News Record – Los Angeles, Ca Cost Indices D. Bureau of Labor Statistics – Consumer Price Index, July 2020 report 223 Item 10. Attachment A Local Transportation Facility Mitigation Fee Adjustment Table Fee Title Dev. Unit 1 2020 Fee 2021 Fee Increase % Increase Base Base Traffic Signal TS - Single Family DU $271.46 $270.18 -$1.27 -0.47%$272.89 TS - Multi Family DU $182.38 $181.53 -$0.85 -0.47%$183.34 TS - Mobile Home DU $158.24 $157.50 -$0.74 -0.47%$159.07 TS - Commercial KSF $335.25 $333.68 -$1.57 -0.47%$337.02 TS - Industrial KSF $230.66 $229.58 -$1.08 -0.47%$231.88 TS - Industrial - High Cube $32.19 $32.04 -$0.15 -0.47%$32.36 Railroad Crossing RR - Single Family DU $291.72 $290.35 -$1.37 -0.47%$293.26 RR - Multi Family DU $196.00 $195.08 -$0.92 -0.47%$197.03 RR - Mobile Home DU $170.05 $169.26 -$0.80 -0.47%$170.95 RR - Commercial KSF $360.28 $358.59 -$1.69 -0.47%$362.18 RR - Industrial KSF $247.87 $246.71 -$1.16 -0.47%$249.18 RR - Industrial - High Cube KSF $34.58 $34.42 -$0.16 -0.47%$34.77 Local Streets and Bridges LSB - Single Family DU $2,471.48 $2,459.91 -$11.57 -0.47%$2,484.51 LSB - Multi Family DU $1,660.48 $1,652.70 -$7.78 -0.47%$1,669.23 LSB - Mobile Home DU $1,440.70 $1,433.96 -$6.75 -0.47%$1,448.30 LSB - Commercial KSF $3,052.35 $3,038.06 -$14.29 -0.47%$3,068.44 LSB - Industrial KSF $2,100.01 $2,090.18 -$9.83 -0.47%$2,111.08 LSB - Industrial - High Cube KSF $293.03 $291.66 -$1.37 -0.47%$294.57 1 DU = Dwelling Unit, KSF = 1,000 square feet New Fee with 1% admin Local Transportation Facility Mitigation Fees Table 1 224 Item 10. Attachment B Development Impact Fee Adjustment Table Fee Title Dev. Unit 1 2019 Base 2020 Fees 2021 Fee Change % Change Base Base Community Park Community Park - Single Family DU $2,335.99 $2,360.87 $2,349.82 -$11.05 -0.47%$2,373.32 Community Park - Multi Family DU $1,965.20 $1,986.13 $1,976.83 -$9.30 -0.47%$1,996.60 Community Park - Mobile Home DU $2,172.84 $2,195.98 $2,185.70 -$10.28 -0.47%$2,207.55 Neigborhood Park Neighborhood Park - Single Family DU $2,826.94 $2,857.05 $2,843.67 -$13.38 -0.47%$2,872.11 Neighborhood Park - Multi Family DU $2,378.22 $2,403.55 $2,392.29 -$11.25 -0.47%$2,416.22 Neighborhood Park - Mobile Home DU $2,629.50 $2,657.51 $2,645.06 -$12.44 -0.47%$2,671.51 Recreation Facility Recreation Facility - Single Family DU $714.02 $728.42 $717.89 -$10.52 -1.44%$725.07 Recreation Facility - Multi Family DU $600.69 $612.80 $603.95 -$8.85 -1.44%$609.99 Recreation Facility - Mobile Home DU $664.16 $677.55 $667.76 -$9.79 -1.44%$674.44 Fire Station Fire - Single Family DU $567.51 $578.95 $570.59 -$8.37 -1.44%$576.29 Fire - Multi Family DU $181.61 $185.27 $182.59 -$2.68 -1.44%$184.42 Fire - Mobile Home DU $272.41 $277.90 $273.89 -$4.02 -1.44%$276.63 Fire - Commercial KSF $208.45 $212.65 $209.58 -$3.07 -1.44%$211.67 Fire - Industrial KSF $173.72 $177.22 $174.66 -$2.56 -1.44%$176.40 Fire - Industrial - High Cube KSF $130.28 $132.91 $130.99 -$1.92 -1.44%$132.30 Police Station Signal Police - Single Family DU $490.02 $499.90 $492.68 -$7.22 -1.44%$497.60 Police - Multi Family DU $412.24 $420.55 $414.47 -$6.08 -1.44%$418.62 Police - Mobile Home DU $455.79 $464.98 $458.26 -$6.72 -1.44%$462.85 Police - Commercial KSF $108.90 $111.09 $109.49 -$1.61 -1.44%$110.58 Police - Industrial KSF $76.23 $77.77 $76.64 -$1.12 -1.44%$77.41 Police - Industrial - High Cube KSF $43.55 $44.43 $43.79 -$0.64 -1.44%$44.23 Public Facility Public - Single Family DU $417.76 $426.19 $420.03 -$6.16 -1.44%$424.23 Public - Multi Family DU $351.45 $358.54 $353.36 -$5.18 -1.44%$356.89 Public - Mobile Home DU $388.58 $396.42 $390.69 -$5.73 -1.44%$394.60 Public - Commercial KSF $92.84 $94.71 $93.34 -$1.37 -1.44%$94.28 Public - Industrial KSF $64.98 $66.29 $65.33 -$0.96 -1.44%$65.99 Public - Industrial - High Cube KSF $37.13 $37.88 $37.33 -$0.55 -1.44%$37.71 Sewer Capacity $5,125.00 $5,468.58 N/A $92.97 1.70%$5,561.55 2021 Fees with 1% Admin Table 2Citywide Fees 225 Item 10. Attachment C Engineering News Record – Los Angeles, CA Cost Indices ENR COST INDEXES IN LOS ANGELES (1978-2020) YEAR MONTH BCI %CHG CCI %CHG 2020 July 6353.82 –1.4 12056.44 –0.5 2020 June 6353.05 –1.5 12055.68 –0.5 2020 May 6389.86 –1.2 12056.03 –0.6 2020 April 6387.36 –0.7 12053.53 –0.4 2020 March 6377.01 +1.6 12043.18 +0.8 2020 Feb 6376.73 +0.2 12042.90 +0.1 2020 Jan 6478.32 +2.1 12144.49 +1.1 2019 Dec 6368.01 +0.3 12034.19 +0.2 2019 Nov 6359.40 +0.3 12025.57 +0.2 2019 Oct 6360.90 +0.3 12027.07 +0.1 2019 Sept 6355.27 +0.3 12021.45 +0.2 2019 Aug 6371.00 +0.6 12037.18 +0.3 2019 July 6446.97 +2.0 12113.16 +1.1 2019 June 6447.02 +2.8 12113.16 +1.4 2019 May 6464.47 +3.1 12130.66 +1.6 2019 April 6453.22 +2.9 12119.41 +1.5 2019 Mar 6277.68 +0.1 11943.60 +0.1 2019 Feb 6361.93 +1.5 12027.85 +0.8 2019 Jan 6345.43 +1.2 12011.35 +0.6 226 Item 10. For Release: Wednesday, August 12, 2020 20-1544-SAN WESTERN INFORMATION OFFICE: San Francisco, Calif. Technical information:(415) 625-2270 BLSinfoSF@bls.gov www.bls.gov/regions/west Media contact:(415) 625-2270 Consumer Price Index, Riverside Area – July 2020 Area prices were up 0.7 percent over the past two months, up 1.7 percent from a year ago Prices in the Riverside area, as measured by the Consumer Price Index for All Urban Consumers (CPI-U), advanced 0.7 percent for the two months ending in July 2020, the U.S. Bureau of Labor Statistics reported today. Assistant Commissioner for Regional Operations Richard Holden noted that the July increase was influenced by higher prices for gasoline. (Data in this report are not seasonally adjusted. Accordingly, bi- monthly changes may reflect seasonal influences.) Over the last 12 months, the CPI-U increased 1.7 percent. The index for all items less food and energy increased 1.7 percent over the year. Food prices rose 6.6 percent. Energy prices decreased 5.4 percent, largely the result of a decrease in the price of gasoline. (See table 1.) Food Food prices inched down 0.1 percent for the two months ending in July. (See table 1.) Prices for food away from home decreased 0.4 percent, but prices for food at home advanced 0.3 percent for the same period. Over the year, food prices rose 6.6 percent. Prices for food at home increased 7.9 percent since a year ago, and prices for food away from home advanced 5.1 percent. Energy The energy index advanced 5.7 percent for the two months ending in July. The increase was mainly due to higher prices for gasoline (13.5 percent). Prices for natural gas service rose 0.8 percent, but prices for electricity decreased 3.7 percent for the same period. Energy prices decreased 5.4 percent over the year, largely due to lower prices for gasoline (-16.0 percent). Prices paid for electricity jumped 15.4 percent, and prices for natural gas service jumped 12.3 percent during the past year. All items less food and energy The index for all items less food and energy advanced 0.3 percent in the latest two-month period. Higher prices for medical care (2.1 percent), new and used motor vehicles (1.1 percent), and education and communication (0.8 percent) were partially offset by lower prices for apparel (-4.1 percent), household furnishings and operations (-0.3 percent), and shelter (-0.2 percent). 227 Item 10. 2 Over the year, the index for all items less food and energy increased 1.7 percent. Components contributing to the increase included medical care (6.3 percent) and shelter (3.0 percent). Partly offsetting the increases were price decreases in apparel (-8.4 percent) and new and used motor vehicles (-3.2 percent). The September 2020 Consumer Price Index for the Riverside area is scheduled to be released on October 13, 2020. Coronavirus (COVID-19) Pandemic Impact on July 2020 Consumer Price Index Data Data collection by personal visit for the Consumer Price Index (CPI) program has been suspended since March 16, 2020. When possible, data normally collected by personal visit were collected either online or by phone. Additionally, data collection in July was affected by the temporary closing or limited operations of certain types of establishments. These factors resulted in an increase in the number of prices considered temporarily unavailable and imputed. While the CPI program attempted to collect as much data as possible, many indexes are based on smaller amounts of collected prices than usual, and a small number of indexes that are normally published were not published this month. Additional information is available at https://www.bls.gov/covid19/effects-of- covid-19-pandemic-on-consumer-price-index.htm. Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI-U) which covers approximately 89 percent of the total population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers 28 percent of the total population. The CPI-U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Each month, prices are collected in 87 urban areas across the country from about 6,000 housing units and approximately 24,000 retail establishments--department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. The index measures price changes from a designated reference date (1982-84) that equals 100.0. An increase of 16.5 percent, for example, is shown as 116.5. This change can also be expressed in dollars as follows: the price of a base period "market basket" of goods and services in the CPI has risen from $10 in 1982-84 to $11.65. For further details see the CPI home page on the Internet at www.bls.gov/cpi and the BLS Handbook of Methods, Chapter 17, The Consumer Price Index, available on the Internet at www.bls.gov/opub/hom/ homch17_a.htm. 228 Item 10. 3 In calculating the index, price changes for the various items in each location are averaged together with weights that represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a local area is smaller, the local area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national index, although their long-term trends are quite similar. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The Riverside-San Bernardino-Ontario metropolitan area covered in this release consists of Riverside and San Bernardino Counties in the State of California. Information in this release will be made available to sensory impaired individuals upon request. Voice phone: (202) 691-5200; Federal Relay Service: (800) 877-8339. 229 Item 10. 4 Table 1. Consumer Price Index for All Urban Consumers (CPI-U): Indexes and percent changes for selected periods Riverside-San Bernardino-Ontario (December 2017=100 unless otherwise noted) Item and Group Indexes Percent change from- May 2020 Jun. 2020 Jul. 2020 Jul. 2019 May 2020 Jun. 2020 Expenditure category All items .................................................................  106.899   -  107.640   1.7   0.7   - Food and beverages ..........................................  110.430   -  110.783   6.6   0.3   - Food ...............................................................  111.077   -  111.011   6.6   -0.1   - Food at home ..............................................  108.969   110.048   109.270   7.9   0.3   -0.7 Cereals and bakery products ..................  115.875   -  116.199   11.6   0.3   - Meats, poultry, fish, and eggs..................  104.803   -  108.036   9.0   3.1   - Dairy and related products ......................  106.880   -  103.481   1.7   -3.2   - Fruits and vegetables ..............................  114.581   -  111.362   10.4   -2.8   - Nonalcoholic beverages and beverage materials ..................................................  113.766   -  112.022   4.8   -1.5   - Other food at home .................................  104.172   -  106.548   7.3   2.3   - Food away from home.................................  113.014   -  112.518   5.1   -0.4   - Alcoholic beverages .......................................  98.737   -  107.212   6.1   8.6   - Housing ..............................................................  110.788   -  110.441   3.7   -0.3   - Shelter ............................................................  110.730   110.410   110.560   3.0   -0.2   0.1 Rent of primary residence ...........................  111.052   111.201   111.259   4.2   0.2   0.1 Owners' equiv. rent of residences ...............  111.028   110.648   110.760   2.9   -0.2   0.1 Owners' equiv. rent of primary residence .  111.028   110.648   110.760   2.9   -0.2   0.1 Fuels and utilities............................................  116.975   -  115.268   9.9   -1.5   - Household energy .......................................  117.261   114.193   114.128   14.0   -2.7   -0.1 Energy services .......................................  117.677   114.556   114.413   14.2   -2.8   -0.1 Electricity .............................................  114.621   110.335   110.345   15.4   -3.7   0.0 Utility (piped) gas service ....................  129.434   131.214   130.434   12.3   0.8   -0.6 Household furnishings and operations ...........  103.024   -  102.735   2.1   -0.3   - Apparel ...............................................................  96.667   -  92.714   -8.4   -4.1   - Transportation ....................................................  96.278   -  100.702   -7.3   4.6   - Private transportation .....................................  97.253   -  102.123   -6.1   5.0   - New and used motor vehicles ........................  96.735   -  97.758   -3.2   1.1   - New vehicles ...............................................  103.193   -  103.427   2.9   0.2   - Used cars and trucks...................................  100.622   -  102.638   -1.4   2.0   - Motor fuel ....................................................  89.461   97.264   101.290   -16.1   13.2   4.1 Gasoline (all types)..................................  89.420   97.343   101.478   -16.0   13.5   4.2 Gasoline, unleaded regular(1).............  89.008   97.225   101.372   -16.3   13.9   4.3 Gasoline, unleaded midgrade(1).........  91.959   98.773   102.596   -15.2   11.6   3.9 Gasoline, unleaded premium(1)..........  91.088   97.639   101.764   -14.8   11.7   4.2 Motor vehicle insurance .................................  106.331   -  116.349   5.7   9.4   - Medical care .......................................................  108.070   -  110.356   6.3   2.1   - Recreation ..........................................................  102.827   -  103.275   2.7   0.4   - Education and communication ...........................  105.837   -  106.717   1.1   0.8   - Tuition, other school fees, and child care .......  116.209   -  118.434   5.6   1.9   - Other goods and services ..................................  106.982   -  107.798   1.8   0.8   - Commodity and service group All items .................................................................  106.899   -  107.640   1.7   0.7   - Commodities ......................................................  102.778   -  104.650   -0.2   1.8   - Commodities less food & beverages ..............  98.259   -  101.019   -4.3   2.8   - Nondurables less food & beverages ...........  94.503   -  98.454   -8.8   4.2   - Durables ......................................................  101.768   -  103.246   1.2   1.5   - Services ..............................................................  109.405   -  109.486   2.9   0.1   - Special aggregate indexes Note: See footnotes at end of table.230 Item 10. 5 Footnotes (1) Special index based on a substantially smaller sample. - Data not available NOTE: Index applies to a month as a whole, not to any specific date. Table 1. Consumer Price Index for All Urban Consumers (CPI-U): Indexes and percent changes for selected periods Riverside-San Bernardino-Ontario (December 2017=100 unless otherwise noted)- Continued Item and Group Indexes Percent change from- May 2020 Jun. 2020 Jul. 2020 Jul. 2019 May 2020 Jun. 2020 All items less medical care ....................................  106.820   -  107.454   1.4   0.6   - All items less shelter..............................................  104.738   -  106.015   1.0   1.2   - Commodities less food ..........................................  98.236   -  101.155   -4.0   3.0   - Nondurables ..........................................................  102.962   -  105.002   -0.8   2.0   - Nondurables less food...........................................  94.688   -  98.875   -8.1   4.4   - Services less rent of shelter ..................................  107.563   -  107.998   2.8   0.4   - Services less medical care services......................  109.274   -  109.153   2.5   -0.1   - Energy ...................................................................  101.326   104.703   107.068   -5.4   5.7   2.3 All items less energy .............................................  107.361   -  107.667   2.4   0.3   - All items less food and energy ...........................  106.789   -  107.156   1.7   0.3   - 231 Item 10. Staff Report TO: City Council FROM: Jeff Mohlenkamp, Finance Director Jennifer Ustation, Senior Accountant DATE September 15, 2020 SUBJECT: Adoption of the City of Beaumont Investment Policy Background and Analysis: City Staff has completed a draft investment policy for review and consideration of adoption. The City’s Finance and Audit Committee will be reviewing this document and making any suggestions of modifications on the September 14, 2020, committee meeting. The purpose of this policy is to ensure the City maximizes a return on investments while strictly adhering to State law, which limits the types of investments cities can make. Further, the investment policy lays out investment objectives, which in priorit y order are: 1. Safety of principal and preservation of capital, 2. Meeting liquidity requirements, and 3. Yield on investment. The proposed investment policy provides for standards of care, public trust, ethics and conflict of interest disclosures to ensure all investments considered by the City meet these high standards. The policy provides for a list of available types of investments. A number of these investments may require some proactive monitoring and active management. In any of these situations, the policy provides that the City will engage one or more investment advisors to directly assist City staff in these efforts for a professional opinion and guidance. In this regard, the policy provides for a process to secure the services of any expert(s) engaged to provide these services. The policy provides that the City Manager and his designee the Finance Director will be responsible for managing the investments of the City. 232 Item 11. The policy provides that the City Treasurer will provide a report quarterly to t he Finance and Audit Committee. The report will include a description of the investment portfolio, including an assessment of whether all investments comply with the City policy. The policy requires an annual review by the Finance and Audit Committee and City Council to ensure it continues to meet the needs of the City. This policy was developed through review of the prior policy, significant evaluation of other California city policies, a review of GFOA standards and several internal meetings. Fiscal Impact: There is no fiscal impact to this action of the City Council. Recommended Action: Review the policy, including any proposed revisions by the Finance and Audit Committee and adopt the investment policy. Attachments: A. Proposed Beaumont Investment Policy B. California Local Agency Investment Guidelines 233 Item 11. 1 City of Beaumont, California Investment Policies 1.Introduction The City of Beaumont shall invest public funds in such a manner as to comply with state and local laws; ensure prudent money management; provide for daily cash flow requirements; and meet the objectives of the Policy; in priority order of Safety, Liquidity and Return on investment. 2.Scope The City’s investment policies apply to all personnel, departments, divisions and offices of the City government as well as all associated accounting funds under the direct authority of the City of Beaumont. These accounting funds include, but are not limited to, the General Fund, Special Revenue Funds, Enterprise Funds, Internal Service Funds, Debt Service Funds, Capital Projects Funds, Private Purpose Trust Funds and Agency Trust Funds. These investment policies are also applicable to the City’s blended component units, including the Successor Agency to the Beaumont Redevelopment Agency, Beaumont Utility Authority, Beaumont Public Improvement Authority. 3.Responsibility The City Manager is ultimately responsible for the City’s implementation and compliance with these policies, unless the City Council authorizes exceptions. Under the direction of the City Manager, the Finance Director will review, develop and implement a system of processes and procedures to ensure compliance with these policies throughout the entire organization. The City Manager will work with the Finance Director to ensure these policies are updated on a timely basis. 234 Item 11. 2 4.Pooling of Funds The City of Beaumont consolidates cash balances from all eligible funds to maximize investment earnings. Funds held by the Trustee are not eligible to be pooled. The City schedules its collection of receipts, deposits of funds and disbursements of monies to ensure maximum availability of cash for temporary investment purposes. Investment income is allocated to the various Funds based on their respective participation and in accordance with Generally Accepted Accounting Principles (GAAP). 5.Investment Objectives The primary objectives (in order of priority) of the City investment activities are the safety of principal and preservation of capital, liquidity, and yield. 1. Safety of Principal and Preservation of Capital. Safety of principal and preservation of capital are the foremost objectives of the investment program. Investments are undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective is to mitigate credit risk and interest- rate risk. A. Credit Risk. The City of Beaumont will minimize credit risk, the risk of loss due to the failure of the security issuer or backer by: (1) Limiting investments to the safest type of securities. All investments must be made only in investment grade securities A rating or higher. (2) Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisers with whom the City of Beaumont will do business. The City of Beaumont will use the approved purchasing process for any Investment Advisor services. Within this process will be an agreed upon condition that the Investment Advisor’s services obtained shall be required to prequalify all financial institutions to comply with the City of Beaumont’s Investment Policy. (3) Diversifying the investment portfolio so that potential losses on overall portfolio will be strictly limited. The investments shall be diversified by: 235 Item 11. 3  Limiting investments to avoid overconcentration in securities from a specific issuer or business sector (excluding U.S. Treasury securities),  Investing in securities of varying maturities and  Continuously investing a portion of the portfolio in readily available funds such as local government investment pools (LGIPs), money market funds or overnight repurchase agreements to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. B. Interest Rate Risk. The City of Beaumont will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates by: (1) 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, (2) Investing operating funds primarily in shorter-term securities or with State and local government investment pools to ensure liquidity needs are met and stability of principal is assured. 2. Liquidity. The investment portfolio remains sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrently with the City’s cash needs to meet anticipated demands (static liquidity). A portion of the portfolio also may be placed in money market mutual funds or Local Government Investment Pools (LGIP’s) which offer either same-day or next-day liquidity. Furthermore, since all possible cash demands cannot be anticipated, the portfolio consists largely of securities with active secondary or resale markets (dynamic liquidity). The City will ensure that liquid resources are available to meet at least six months of operating expenses. 3. Yield on Investments. The investment portfolio is designed with the objective of attaining a market rate of return throughout the budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs of the City. Return on investment is of secondary importance compared to the safety and preservation of capital and liquidity objectives described above. The core investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to the maturity with the following exceptions: A. Loss of Principal. A security with declining credit may be sold early to minimize loss of principal. While investments in securities that pose some risk of principal loss, the portfolio of investments must be structured to strictly limit the overall loss of principal while seeking to increase the rate of investment return. 236 Item 11. 4 B. Security Swap. A security swap would improve the quality, yield, or target duration in the portfolio. C. Liquidity. Liquidity needs of the portfolio require that the security be sold. Any non-liquid investments will be structured to ensure they become liquid in time to meet operating expenditures. This will require managing of maturity dates for investments to ensure liquid funds are available when needed. 6.Standards of Care A. Prudence. The standard of prudence used by investment officials is the “prudent” person standard (Civil Code Section 2261, et. seq.) and is applied in the context of management an overall investment portfolio. Investment officers acting in accordance with written procedures and this overall investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and sale of securities are carried in accordance with the terms of this policy. Investments are made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. B. Public Trust, Ethics and Conflicts of Interest. Investment officials recognize that the investment portfolio is subject to public review and evaluation. The overall program is designed and managed with a degree of professionalism that is worthy of the public trust. Officers and employees involved in the investment process will refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial investment decisions. Employees and investment officials will disclose any material interest in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers will refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City of Beaumont. 237 Item 11. 5 C. Delegation of Authority. Authority to manage the City’s investment program is granted to the City Manager and his or her designee, hereinafter referred to the “Investment Officer,” Responsibility for the operation of the investment program is hereby delegated to the investment officer, who shall act in accordance with this investment policy. 7.Authorized Financial Dealers and Institutions The City will secure the services of one or more approved financial institutions authorized to provide investment services to the to the City of Beaumont. These may include “primary” dealers or regional dealers that qualify under Securities and Exchange Commission Rule 15C3-1 (uniform net capital rule). A determination should be made to ensure that all approved broker/dealer firms, and individuals covering the City of Beaumont, are reputable and trustworthy. In addition, the broker/dealer firms should have the ability to meet all of their financial obligations in dealing with the City of Beaumont. The firms, and individuals covering the City of Beaumont, should be knowledgeable and experienced in Public Agency investing and the investment products involved. No public deposit shall be made except in a qualified public depository as established by the established state laws. All financial institutions and broker/dealers who desire to provide investment management services for the City will be selected through a competitive bidding process. At a minimum, any selected investment advisor/ manager will be required to provide evidence of all required licensure and/or certifications. 8.Beaumont’s Investment Policy The City on an annual basis submits a copy of the current investment policy to all financial institutions approved to do business with the City. Confirmation of receipt of this policy is considered evidence that the dealer has read and understands the City’s investment policy and will recommend and execute only transactions suitable for and in compliance with the City’s Investment Policy. In selecting financial institutions for deposit or investment of City funds, the creditworthiness of the institutions will be considered. The City will continue to monitor financial institution’s credit characteristics and financial history throughout the period in which City funds are deposited or invested. 9.Authorized Investments for the City The City is authorized by California Government Code Section 53600, et.seq. to invest in specific types of securities. Section 43601 of the Government Code sets limits on the type investments that may be in the City portfolio. Refer to attachment A for allowable investment by State of CA. 238 Item 11. 6 The City Council may establish further limits on the types of securities in which the City may invest its idle cash. Any investment security (except investment of bond proceeds as explained in the next section) not listed below is not a valid investment for the City of Beaumont. 1. Local Agency Investment Fund (LAIF) Investments. LAIF is a special fund of the State of California Treasury that local agencies may use to deposit funds for investment. Investments by the State Treasurer for City funds in LAIF are authorized by the City Council. State law prohibits LAIF from impounding any depositor’s funds and prohibits the fund from ever declaring bankruptcy 2. United States Debt Obligations. These investments would include U.S. Government direct obligations such as Treasury bills, bonds, notes and other certificates of indebtedness where the full faith and credit of the United States are pledged for payment of principal and interest. 3. United States Agency Debt Obligations. These investments include obligations, participations or other instruments of, or issued by, a Federal Agency or a United States Government-Credit Bank (FFCB) or other obligations or other instruments issued by, or fully guaranteed as to principal and by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association (FNMA). While these U.S. Government debt issues are not backed by the full faith and credit of the United States, they do in fact have defacto backing from the Federal Government, and it would be most unlikely that the government would let any of these agencies default on its obligations. 4. Repurchase Agreements. These agreements would be limited to U.S. Government or its authorized Agencies’ securities described in Number 2 and Number 3 above, provided that they are held less than a year. 5. Negotiable Certificates of Deposit (CD). A Certificate of Deposit (CD) is a time deposit with a specific maturity evidenced by a certificate. Certificates of Deposit must be issued through financial institutions insured by the Federal Deposit Insurance Corporation (FDIC), a federal agency of the United States Government that insures bank deposits up to $250,000 per account 6. Pass Book Savings Account Demand Deposits. Savings accounts are hereby approved by the Beaumont City Council provided they are maintained only with banks and savings and loan institutions which 239 Item 11. 7 are insured by the Federal Deposit Insurance Corporation (FDIC), a federal agency of the United States Government that insures bank deposits up to $250,000 per account. 7. Overnight Repurchase Agreements. The City is authorized by the City Council to set up a “sweep account” and to enter into an overnight repurchase agreement with an authorized bank to sweep cash from its checking accounts and other appropriate accounts to earn overnight interest on funds in these funds. 8. State Obligations-CA and Others. The City is authorized by the City Council to purchase State Obligations that fall within the allowable limits of the State Government Code and within the objectives of the City of Beaumont’s Investment Policy. 9. CA Local Agency Obligations. The City is authorized by the City Council to purchase CA Local Agency Obligations that fall within the allowable limits of the State Government Code and within the objectives of the City of Beaumont’s Investment Policy. 10. Joint Powers Authority Pool. The City is authorized by the City Council to invest in Joint Powers Authority Pools as long as they meet the criteria within the State Government Code and within the objectives of the City of Beaumont’s investment Policy and would require that statement 10 of this policy is followed prior to entrance into such investment pool. 11. Money Market Mutual Funds. The City is authorized by the City Council to invest in Money Market Mutual Funds whose portfolios consist entirely of U.S. government securities and would require that statement 10 of this policy is followed prior to entrance into such mutual fund. 12. Commercial Paper-Pooled Funds. Commercial paper is a money-market security issued by large corporations to obtain funds to meet short-term debt obligations and is backed only by an issuing bank or company promise to pay the face amount on the maturity date specified on the note. It is usually sold at a discount of face value. State Government Code requires that only the highest letter and number rating by a nationally recognized statistical ratings organization are allowed. 240 Item 11. 8 13. CDARS Program. A CDARS program is a CD laddering portfolio that allows investing with a relationship institution for different maturity levels of CDs. Despite using multiple banks, the program will submit one statement which makes administration simple. 10.Investment Pools/Mutual Funds A thorough investigation of the pool/fund is required prior to investing, and on a continual basis. There shall be a questionnaire developed which will answer the following general questions: 1. A description of eligible investment securities, and a written statement of investment policy and objectives. 2. A description of interest calculations and how it is distributed, and how gains and losses are treated. 3. A description of how the securities are safeguarded (including the settlement process), and how often the securities are priced and program audited. 4. A description of who may invest in the program, how often, what size deposit and withdrawal are allowed. 5. A schedule for receiving statements and portfolio listings. 6. Are reserves, retained earnings, etc. utilized by the pool/fund? 7. A fee schedule, and when and how is it assessed. 8. Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds? 11.Investment of Bond Proceeds The City directs the investment of proceeds in bonds or similar debt instruments issued as instructed in the bond indenture or similar investment documents. Bond proceeds are not eligible as a part of the City’s pooled funds. Securities authorized by the bond indenture or similar investment documents that are not authorized by the City’s Investment Policy will be considered approved when the bond indenture or similar investment document is approved by the City Council. Bond reserve funds, escrow funds and any funds approved by the City Council may be invested in securities with maturity limits of five years or an appropriate longer period. When possible, the bond indenture shall provide any specific restrictions or limitations on either the nature or the duration of the investments, and should be the governing document. 241 Item 11. 9 12.Safekeeping and Custody 1. Custody. To protect against potential losses by the collapse of individual securities dealers, all securities owned by the City shall be held in safekeeping by a third-party bank trust department acting as agent for the City under the terms of a custody agreement executed by the bank and the City. No outside broker/dealer or advisor may have access to the City funds, accounts or investments, and any transfer of funds to or through an outside broker/dealer must be approved by the City Council. 2. Internal Control. A system of internal controls has been established to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, or unanticipated changes in financial markets. Internal controls deemed most important include control of collusion, separation of transaction authority from accounting and record keeping, custodial safekeeping, avoid of physical delivery of securities, clear delegation of authority to subordinate staff members, written confirmation of transactions for investments and wire transfers and development of a wire transfer agreement with the lead bank and third- party custodian. 3. Delivery vs. Payment. All trades where applicable executed by delivery vs. payment (DVP) to ensure that securities are deposited in an eligible financial institution prior to the release of funds. Securities are held by a third-party custodian as evidenced by safekeeping receipts. 13.Reporting In accordance with Government Code Section 53646(8)(1), the City Treasurer shall submit to the Finance Committee a quarterly report that will then be taken to the City Council. The report shall include a complete description of the portfolio, the type of investments, the issuers, maturity dates, par values and the current market values of each component of the portfolio, including funds managed for the City of Beaumont by third party contract managers. The report will also include the source of the portfolio valuation. As specified in Government Code 53646(e), if all funds are placed in the Local Agency Investment Fund (LAIF), FDIC insured accounts and/or county investment pool, the foregoing report elements may be replaced by copies of the latest statements from such institutions. The report must also include a certification that (1) all investment actions executed since the last report have been in full compliance with the investment policy, and, (2) the City of Beaumont will meet its expenditures obligations within the cash flow needs. 242 Item 11. 10 14.Investment Policy Adoption and Review The City’s independent certified public accountants annually review and make recommendations regarding the City’s investment policies to the City Manager and City Council. In accordance with Senate Bill 564 and Senate Bill 866, effective January 1, 1996, the City staff brings forward each year the City’s Investment Policy for review by the City Council.Mee 15.Glossary Active investment management. An investment management strategy that involves the active trading of securities in an attempt to earn above-average returns on a portfolio. Active investment management requires frequent monitoring of financial markets with the investor taking positions on key market variables in an attempt to “beat” the market. Arbitrage. The simultaneous purchase and sale of similar assets in order to profit from a price difference between the two assets, such as stocks, bonds, commodities, and currencies. In public finance, the term is commonly used to refer to the investment of bond proceeds in taxable instruments to increase investment income. Arbitrage rebate. The federal government has imposed restrictions that prohibit an issuer from retaining arbitrage profits when investing bond proceeds at a yield that exceeds the yield on the bonds. The profit is rebated to the federal government. Bankers’ acceptance (BA). A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. Benchmark. A benchmark is a composite of securities with specific characteristics such as credit, asset, and maturity. Investors can use a benchmark as a measure to compare the performance of their own portfolio. Benchmarking. Benchmarking, also known as indexing, is a passive investment management approach in which an investor generally creates a portfolio that strives to achieve a return and risk profile similar to a benchmark or an index. Certificate of deposit (CD). A time deposit with a specific maturity evidenced by a Certificate. Large- denomination CD’s are typically negotiable. Collateral. Underlying securities that are pledged to secure deposits of public funds. Also used in conjunction with repurchase agreements to protect the entity from default by the counterparty. Coupon. (a.) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. (b) A certificate attached to a bond evidencing interest due on a payment date. 243 Item 11. 11 Custody. The service of an organization, usually a financial institution, of holding (and reporting) a customer’s securities for safekeeping. The financial institution is known as the custodian. Delivery-versus-payment (DVP). A settlement procedure where payment for securities purchase is made simultaneously with the transfer of the purchased securities. The same procedure applies for a securities sale; the securities are transferred as payment is made. This procedure ensures that funds are released upon receipt of securities, thus protecting the government’s assets. Derivative instrument. A security that derives its value from an underlying asset, group of assets, reference rate, or index value. Some derivative instruments can be highly volatile and result in a loss of principal in changing interest rate environments. Diversification. Dividing investment funds among a variety of securities offering different risk characteristics and independent returns to reduce risk in a portfolio. Generally accepted accounting principles (GAAP). The criteria normally used by independent auditors to assess whether financial statements are “fairly presented.” Governmental Accounting Standards Board (GASB). The standard-setting body responsible for setting GAAP for state and local governments since 1984. Leverage. Using borrowed funds for investment purposes or an attempt to increase the rate of return on a investment by buying securities on margin. This practice can be risky if interest rates rise or if investment yields are lower than expected. Liquidity. A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked price is narrow and reasonable size can be done at those quotes. Local Government Investment Pool (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. Marking-to-market. The practice of valuing a security or portfolio according to its market value, rather than its cost or book value. Market value. The price at which a security is trading and could presumably be purchased or sold. Maturity. The date upon which the principal or stated value of an investment becomes due and payable. Passive investment management. An investment strategy where securities are bought with the intention of holding them to maturity or to mimic a benchmark or an index with the goal of achieving an average market rate of return. Portfolio. Collection of securities held by an investor. 244 Item 11. 12 Primary dealer. A primary dealer is a bank or securities broker-dealer that trades in the U.S. government securities with the Federal Reserve Bank of New York (FRBNY). It is through the FRBNY Open Market Desk that the Federal Reserve System (“Fed”) implements monetary policy. A firm may become a primary dealer by meeting certain requirements, such as minimum capital adequacy standards. Some governments only conduct investment transactions with primary dealers because of these capital standards. Prudent person rule. An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state-the so-called legal list. In other states the trustee may invest in a security If it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. Rate of return. The amount of income received from an investment, expressed as a percentage. A market rate of return is the yield that an investor can expect to receive in the current interest-rate environment utilizing a buy-and-hold to maturity investment strategy. Regional dealer. Regional dealers are also referred to as “secondary” or “non-primary” dealers. These are all the firms that are not designated as “primary”. These firms do not trade directly with the FRBNY. Many firms, ranging in size, capitalization, as well as product focus, fall in this category. Repurchase agreement (repo). A transaction in which a holder of securities sells those securities to an investor with an agreement to repurchase those securities for a fixed price at an agreed-upon date. A master repurchase agreement is a written contract governing all future transactions between the parties and seeks to establish each party’s rights in the transactions. Reverse repurchase agreement. The opposite of a repurchase agreement. The investor owns the securities or collateral and a bank or dealer temporarily exchanges cash for the collateral for a specified period of time at an agreed-upon interest rate. Safekeeping. A procedure where securities are held by a third party acting as custodian for a fee. Securities and Exchange Commission (SEC). The Securities and Exchange Commission is a U.S. government agency having primary responsibility for enforcing the federal securities laws and regulating the securities industry. SEC Rule 15©3-1. See Uniform Net Capital Rule. Securities lending. Similar to a reverse repurchase transaction. Financial institutions offer to lend securities owned by institutional clients to brokers in exchange for collateral (typically cash), which is reinvested at a higher rate. The resulting proceeds are split between the client and the lending agent (financial institution). STRIPS. Securities created by separating the principal and interest portions of bonds, such as 30-year Treasuries, or pools of mortgage-backed securities. 245 Item 11. 13 Treasury Bills. A non-interest bearing discounted security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. Treasury Bonds. Long-term coupon-bearing discount security issued as direct obligations of the U.S. Government and having initial maturities from two to 10 years. Total return. Interest income plus capital gains (or minus losses) on an investment. Uniform net capital rule. Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. Yield. The percentage return on an investment; also called return. There are several yield calculations that can be made, such as yield to maturity, the promised return assuming all interest and principal payments are made and reinvested at the same rate taking into account price appreciation (if priced below par) or depreciation (if priced above par), or yield to call, the yield an investor will receive if the security is called prior to maturity. 246 Item 11. 14 EXHIBIT A – ALLOWABLE INVESTMENT INSTRUMENTS PER STATE GOVERNMENT CODE (AS OF JANUARY 1, 2020) APPLICABLE TO ALL LOCAL AGENCIES 247 Item 11. CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION Update for 2020 Reflects state law changes effective as of January 1, 2020 CDIAC 20.01 LOCAL AGENCY INVESTMENT GUIDELINES 248 Item 11. 249 Item 11. California Debt and Investment Advisory Commission The California Debt and Investment Advisory Commission (CDIAC) provides information, education, and technical assistance on debt issuance and public fund investments to local agencies and public finance professionals. CDIAC also serves as the State’s clearinghouse for public debt issuance information. FIONA MA, CPA State Treasurer and Chair GAVIN NEWSOM Governor BETTY T. YEE State Controller SABRINA CERVANTES Assemblymember ASH KALRA Assemblymember STEVEN BRADFORD Senator JOHN M.W. MOORLACH Senator SANDIE ARNOTT Treasurer-Tax Collector County of San Mateo NADIA SESAY Executive Director San Francisco Office of Community Investment and Infrastructure ROBERT BERRY Executive Director Additional information concerning this report or CDIAC programs may be obtained by contacting CDIAC directly via phone (916) 653-3269, fax (916) 654-7440, e-mail (cdiac@treasurer.ca.gov) or by visiting CDIAC’s website: www. treasurer.ca.gov/cdiac. All rights reserved. No part of the Local Agency Investment Guidelines: Update for 2020 may be reproduced without giving written credit to CDIAC. Permission to reprint with written credit given to CDIAC is hereby granted. 250 Item 11. 251 Item 11. Contents ABOUT THE LOCAL AGENCY GUIDELINES ........................1 SUMMARY OF STATUTORY CHANGES ...........................3 CHAPTER I. THE ANNUAL INVESTMENT POLICY ...................5 A. Should local agencies produce an investment policy? Should the investment policy be presented to the local agency’s legislative body? .....5 B. When should the investment policy be reviewed and updated? How should the investment policy be rendered to the legislative body? .......6 C. What information should be included in the investment policy? ........7 D. How is the limit on a political contribution determined when selecting brokers and dealers? ..............................8 E. What constraints can county pools place on voluntary depositors? ......9 CHAPTER II. FUND MANAGEMENT .............................11 A. Which investments are permissible? Which are prohibited? ...........12 B. What requirements must a financial institution satisfy before a local agency may deposit its money in it? .................16 C. When must the composition and credit rating of investments contained in a local agency investment portfolio be in compliance with state law? ........................17 D. Must bond proceeds be invested in the securities set forth in statute? ....18 E. How does the Municipal Advisor (MA) Rule affect investment of bond proceeds? ..............................18 F. Are all U.S. Agency bonds legal investments for California local agencies? .................................19 G. What are supranationals? ....................................20 H. Can a local agency invest in an investment pool administered by another state? ............................21 I. What are “medium-term notes?” ..............................22 J. What are the rules regarding the use of reverse repurchase agreements and securities lending agreements? Are “shorting” strategies allowed? ....23 252 Item 11. K. What are the rules regarding the use of mutual funds and money market funds? ........................25 L. What are the rules affecting the investment of tax and revenue anticipation note (TRAN) and grant anticipation note (GAN) proceeds? .......................26 M. What is an appropriate safekeeping arrangement for securities? .......27 N. How does the Municipal Advisor (MA) Rule affect a local agency’s relationship with an investment advisor? .................28 O. What are the rules regarding the payment of interest earned on non-general fund deposits to an agency's general fund? ..........29 P. Should local agencies invest in financial futures and option contracts? If so, in what manner should they be utilized? ............29 Q. How long should a local agency retain trade ticket information? ......30 CHAPTER III. REPORTING REQUIREMENTS ......................33 A. What specific information regarding portfolio investments needs to be included in the report to the legislative body? ...........34 B. Should the report include market value measures for individual securities? .............................36 How should the market value of the portfolio be determined? ........36 How frequently should market value be checked? .................37 C. Should an analysis of cash flows be prepared by the local agency in order to validate the six-month liquidity certification? ............38 D. What tools can be used to measure interest rate risk? ...............39 E. What action should the legislative body take with the report? ........42 F. How should agencies address difficulties in meeting the 30-day requirement for submitting quarterly investment reports to the legislative body? .......................42 CHAPTER IV. TREASURY OVERSIGHT COMMITTEES ...............45 A. What options are available for structuring the county treasury oversight committee? .......................45 B. Does the appointment of the treasurer to the county treasury oversight committee create a conflict of interest? ...........47 C. What is the role of the county treasury oversight committee? ........48 D. Should other local agencies have treasury oversight committees? ......48 CALIFORNIA GOVERNMENT CODE ............................ 51 GLOSSARY ...............................................117 253 Item 11. INDEX OF STATUTORY CHANGES EFFECTIVE 1996 TO PRESENT ...............................131 INDEX ...................................................13 9 FIGURES FIGURE 1: Allowable Investment Instruments Per State Government Code (as of January 1, 2020)– Applicable to All Local Agencies .........................14 FIGURE 2: Government Code Requirements for Local Agency Investment in Money Market and Mutual Funds ...........26 FIGURE 3: Calculation of Weighted Average Maturity ................40 FIGURE 4: Duration—Gain/Loss of Market Value Matrix for a $1000,000,000 Portfolio ...........................41 FIGURE 5: Approaches to Establishing the County Treasury Oversight Committee .........................47 254 Item 11. 255 Item 11. 1 About the Local Agency Investment Guidelines The Local Agency Investment Guidelines is intended to aid local officials in their efforts to implement existing laws pertaining to the investment of public funds. Each year, CDIAC staff convenes a working group of public- and private-sector professionals to support its efforts to revise and update these Guidelines. THOSE PARTICIPATING IN THE 2020 GUIDELINES INCLUDE: • Constantine Baranoff, Shareholder, Kronick Moskovitz Tiedemann & Girard • Bill Blackwill, Managing Director, Stifel, Nicolaus & Company, Inc. • Deborah Higgins, President, Higgins Capital Management • John Johnson, Chief Deputy Treasurer, San Bernardino County • Carol Lew, Shareholder, Stradling, Yocca, Carlson & Rauth, P.C. • Philip Marr, Senior Investment Officer, City of Los Angeles • Kent Morris, MBA, CTP, Chief Investment Officer, City of San Diego • Laura Parisi, CPA, CCMT, City Treasurer, City of Laguna Beach • Rick Phillips, CCM, President and Chief Investment Officer, FHN Financial Main Street Advisors This document briefly describes each issue, offers an interpretation of the mini- mum compliance requirements, and provides consensus recommendations where the working group deemed them necessary. These interpretations represent the best judgment of the professionals involved and are intended only as a guide for local agencies in their compliance. Agencies should rely only on their legal coun- sel for legal advice. The Local Agency Investment Guidelines: Update for 2020 reflects current investment statutes. It is divided into chapters on investment policy, fund management, reporting requirements, and the treasury oversight committee. Please note that one issue may not fit neatly into the following four chapters. Generally speaking, all local agencies are subject to the reporting, fund manage- ment, and investment policy requirements. Only county governments may be 256 Item 11. 2 LOCAL AGENCY INVESTMENT GUIDELINES Summary of Statutory Changes subject to the county oversight committee requirements. Any jurisdiction that assumes it is not covered by these provisions should seek legal counsel. California Government Code Section 53600 states: As used in this article, “local agency” means a county, city, city and county, in- cluding a chartered city or county, school district, community college district, public district, county board of education, county superintendent of schools, or any public or municipal corporation. 257 Item 11. 3 Summary of Statutory Changes The 2020 Local Agency Investment Guidelines incorporates the following statutory changes: Chapter 442, Statutes of 2019 (AB 857) adds the following to Government Code Section 53601: “(r) Commercial paper, debt securities, or other obligations of a public bank, as defined in Section 57600.” In addition, the bill amends Government Code Section 53635 by adding “(c) A local agency subject to this section may invest in commercial paper, debt securities, or other obligations of a public bank, as defined in Section 57600.” Lastly, the bill adds public banks to the list of depository institutions to Government Code 53635.2. Chapter 619, Statutes of 2019 (AB 945) amends Government Code 53601.8 and 53635.8 to authorize a local agency to invest and deposit the agency’s surplus funds in deposits at specified types of financial institutions whether those investments are in certificates of deposit or another form. The bill, from January 1, 2020, until January 1, 2026, increases to 50 percent the percentage of surplus funds that may be invested by a city, district, or other local agency, authorized under section 53601.8, that does not pool money in deposits or investments with other local agencies with a different governing body. For those agencies authorized under section 53635.8, the permissible percentage of surplus funds invested remains at 30 percent. The bill makes deposits placed under 53601.8 and 53635.8 subject to the limitations of Government Code 53638 and also makes other substantive changes. On and after January 1, 2026, the provisions of this bill would return the portfolio limitation of cities, districts, and agencies to 30 percent of the agency’s surplus funds. All references to statutory code "sections" throughout this document shall refer to California Government Code unless otherwise stated. 258 Item 11. 259 Item 11. 5 Chapter I. The Annual Investment Policy A good investment policy encompasses the cash, treasury, and investment man- agement functions of an agency. It serves as a guide for setting and achieving program objectives, defines rules and establishes benchmarks, and reduces the exposure to liability of both the investment staff and the governing board. It is also important to note that rating agencies pay close attention to an agency’s investment policy and portfolio in determining its credit rating. I. A Should local agencies produce an investment policy? Should the investment policy be presented to the local agency’s legislative body? [Section 53646(a)]1 The investment policy serves as the foundation of a local agency’s investment goals and priorities. If the investment policy is carefully researched, effectively drafted, and reviewed regularly to assure that it continues to meet the agency’s goals/priorities for its portfolio, it can help protect the assets of the organization. The existence of an approved investment policy demonstrates that the governing body is performing its fiduciary responsibilities, thereby, inspiring trust and con- fidence among the public that it serves. MINIMUM LEGAL REQUIREMENTS: Section 53646(a)(1) states that the treasurer of a county government may an- nually render to his/her board of supervisors and oversight committee an in- vestment policy, which the board shall review and approve at a public meeting. In addition, the board shall review and approve any changes to the investment policy at a public meeting. Section 53646(a)(2) states that the treasurer or chief fiscal officer of any other local agency may annually render to his/her legislative body and any oversight committee an investment policy, that the legislative body shall consider at a pub- lic meeting. This raises questions about whether or not the policy should be 1 All statutory references are to the California Government Code unless otherwise noted. 260 Item 11. 6 LOCAL AGENCY INVESTMENT GUIDELINES adopted officially by the legislative body, and the time during the year that this “consideration” should take place. CONSENSUS RECOMMENDATION: An investment policy should always be in place. While not required by statute, it is in the best interest of the local agency to present and discuss the policy with the agency’s legislative body or oversight committee, and then have the policy ap- proved by a vote of the legislative body. A public vote signifies that the legislative body shares fiduciary responsibility with the treasurer, increases the authority and legitimacy of the investment policy, and provides transparency and disclosure. I. B When should the investment policy be reviewed and updated? How should the investment policy be rendered to the legislative body? [Section 53646(a)] The size and complexity of the investment policy, portfolio, agency and the agen- cy’s staff are factors that may affect the frequency of the investment policy review and revision. MINIMUM LEGAL REQUIREMENT: Section 53646(a) provides that if an investment policy is submitted to the lo- cal agency’s legislative body, it must be an agenda item at a public meeting. If submitted to a county board of supervisors, the board is required to review and approve the investment policy and any changes to it at the public meeting. The statute does not place the same specific approval requirements on other local agencies, but it does require consideration. The statute does not specify, however, when during the year that consideration or approval should occur. CONSENSUS RECOMMENDATION: Both the Association of Public Treasurers of the United States & Canada and the Government Finance Officers Association have established policy standards that recommend investment policies be reviewed annually. At a minimum, the inter- nal treasury staff should conduct a review annually. Ideally, the review should be timed to coincide with the end of the state legislative cycle so that consideration may be given to any changes in statute that may impact the agency’s policy. An update in the investment policy is warranted if treasury staff’s review results in a material change in policy due to either a change in statute or a change in the agency’s goals and objectives for safety, liquidity and yield. A change in statute, however, may not necessarily require a change in the policy. Many agencies’ policies are already more restrictive than statute. Likewise, an agency may choose to update its policy to restrict the purchase of a new investment product that is allowable by statute but that the agency deems to be too risky for its investment portfolio. 261 Item 11. 7CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION Although rendering the investment policy to the legislative body or oversight committee is not required, it is highly recommended. If it is done, it should be done annually, on an established schedule, such as after the annual review and update. For newly-elected legislative body members, election terms may not coincide with the investment policy review. But, because of the fiduciary responsibility of the legislative body, any newly-elected members should be made aware of the exis- tence of the investment policy and its contents as soon as possible. I. C What information should be included in the investment policy? [Section 27133] MINIMUM LEGAL REQUIREMENTS: Except for county governments, the California Government Code does not contain any provisions specifying what must be included in the investment policy of a local agency. Section 27133 provides that county investment policies must contain: • A list of securities or other in- struments in which the county treasury may invest, according to the law, including the maximum percentage by type of security, and the maximum term of any security purchased; • The manner of calculating and apportioning the authorized costs of investing, depositing, banking, auditing, reporting, handling, and managing of funds; • Limits on the receipt of honoraria, gifts, and gratuities for county treasury oversight members from advisors, brokers, dealers, bankers, or other persons with whom the county treasury conducts business; • Criteria for selecting brokers and dealers (including prohibitions against selecting any broker, dealer, or security firm within any consec- utive 48-month period of making a campaign contribution exceeding the limitations contained in Rule G-37 of the Municipal Securities Rulemaking Board); • A requirement that the treasurer provide the county treasury oversight committee with an investment report as required by the Board of Supervisors; • Terms and conditions under which other local agencies that are not required to deposit funds may deposit funds in the county trea- sury if they so choose; and • Criteria for considering requests to withdraw funds from the county treasury. 262 Item 11. 8 LOCAL AGENCY INVESTMENT GUIDELINES I. D How is the limit on a political contribution determined when selecting brokers and dealers? [Section 27133 (c) and MSRB Rule G-37] The county treasury shall not select brokers and dealers who individually, or as a firm, have contributed more than the current limit established under Municipal Securities Regulatory Board (MSRB) Rule G-37. MINIMUM LEGAL REQUIREMENT: The county treasury is prohibited from selecting those brokers, brokerage firms, dealers, or securities firms having made political contributions within the last four years, which exceed the amount set forth in MSRB Rule G-37. For 2020, the limit is $250. This limit applies to the local treasurer, any member of the governing board of the local agency, or any candidate for those offices. In addition to the provisions outlined in Section 27133 and MSRB Rule G-37, local agencies, the state, and the Fair Political Practices Commission (FPPC) may adopt additional standards on acceptable political contribution limits. For reference, the local treasurer, any member of the governing board of the local agency, and treasury staff are required to report any gift of $50 or more on his or her annual Form 700 submission to the FPPC. The last two of the above elements directly refer to the duties counties have in maintaining a local government investment pool. CONSENSUS RECOMMENDATION: Although statute does not specify the contents of the investment policy for local agencies other than counties, it should include at a minimum, the first five ele- ments required of counties. In addition, the policy should specify the funds to which the policy will and will not apply. For instance, bond proceeds are usually guided by the bond documents and thus, may not be a part of the investment policy. Similarly, pension funds are guided by other code sections and may have different investment objectives. The Association of Public Treasurers of the United States & Canada offers an Investment Policy Certification Program that provides public investors with guidance and technical assistance in developing a comprehensive written investment policy. The Government Finance Officers Association (GFOA) also has a sample investment policy. The California Municipal Treasurers Association (CMTA) has sample investment policies that were certified through CMTA’s Investment Policy Certification Program. Additional sources for recommended elements of an investment policy can be found in CDIAC’s California Public Fund Investment Primer and Investment Policy Reporting Practices: An Informational Guide. 263 Item 11. 9CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION CONSENSUS RECOMMENDATION: All treasury staff should be knowledgeable of the specific state and local laws and ordinances governing their receipt of political contributions, gifts, and honoraria. Although the MSRB Rule G-37 applies to the local treasurer and the governing board of the local agency, treasury staff are likely subject to additional rules set forth by the FPPC and the local agency. If there is no policy on the receipt of political contributions, gifts, or honoraria at the local agency level, establish one and educate all agency employees who affect treasury decisions. I. E What constraints can county pools place on voluntary depositors? [Section 27133(g)] County treasurers have difficulty predicting withdrawals of voluntary funds made by pool participants. As a result, questions commonly arise regarding how county pools should treat funds from voluntary depositors. In the absence of informa- tion on a depositor’s cash flow, an unanticipated withdrawal can create potential liquidity problems for the pool. MINIMUM LEGAL REQUIREMENT: State law does not require county pools to accept voluntary deposits. CONSENSUS RECOMMENDATION: Allow voluntary deposits only under a clearly written contract or memorandum of understanding. This agreement should spell out the exact rules for partici- pating in the pool and provide the county treasurer with reasonable predefined discretion to establish the frequency and amount of voluntary funds that can be removed from the pool at a particular time. Another option is to ban voluntary deposits altogether if the county has confidence that other local agencies have reasonable investment alternatives. 264 Item 11. Chapter II. Fund Management 265 Item 11. 11 Chapter II. Fund Management For the investment of county funds in a county treasury, Section 27000.3 estab- lishes the Board of Supervisors as a fiduciary that is subject to the prudent inves- tor standard unless it delegates its investment duties to the county treasurer. For other local agencies’ funds invested in the county treasury, the county treasurer serves as a fiduciary and is subject to the prudent investor standard. Except as provided for in Section 27000.3, Section 53600.3 declares as a trustee each person, treasurer, or governing body authorized to make invest- ment decisions on behalf of local agencies. As trustees these individuals are subject to the prudent investor standard. That is, they shall act with care, skill, prudence, and diligence under the circumstances then prevailing when investing, reinvesting, purchasing, acquiring, exchanging, selling, and man- aging funds. Section 53600.5 further stipulates that the objectives of any person investing public funds is to, first, safeguard principal; second, to meet the liquidity needs of the depositor; and lastly, to achieve a return or yield on the funds under its control (Section 27000.5 specifies the same objectives for county treasurers and boards of supervisors). Risk is inherent throughout the investment process. There is investment risk associated with any investment activity and opportunity risk related to inactivity. Market risk is derived from exposure to overall changes in the general level of interest rates while credit risk is the risk of loss due to the failure of the issuer of a security. The market value of a security varies inversely with the level of interest rates. If an investor is required to sell an investment with a five percent yield in a comparable seven percent rate environment, that security will be sold at a loss. The magnitude of that loss will depend on the amount of time until maturity. Purchasing certain allowable securities with a maturity of greater than five years requires approval of the governing board (see Section 53601). Part of that ap- proval process involves assessing and disclosing the risk and possible volatility associated with longer-term investments. Another element of risk is liquidity risk. Instruments with extraordinary or spe- cial call features, sinking fund redemption structures, or those issued by little known issuers, are examples of “story bonds” and often are thinly traded. Their uniqueness often makes finding prospective buyers in a secondary market more 266 Item 11. 12 LOCAL AGENCY INVESTMENT GUIDELINES difficult and, consequently, the securities’ marketability and prices may be dis- counted. However, under certain market conditions, gains may also be possible with these types of securities. Default risk represents the possibility that the borrower may be unable to repay the obligation as scheduled. Generally, securities issued by the federal government and its agencies are considered the most secure, while securities issued by private corporations, or negotiable certificates of deposit issued by commercial banks have a greater degree of risk. Securities with additional credit enhancements, such as bankers’ acceptances, collateralized repurchase agreements, and collateralized bank deposits, are somewhere between the two on the risk spectrum. The vast majority of local agency portfolios are managed with a buy and hold investment strategy. Investments are purchased with the intent and capacity to hold them until maturity. At times, market forces or operations may dictate exchanging one security for another or selling a security before maturity. Continuous analysis and fine tuning of the investment portfolio are considered part of prudent investment management. This passive investment strategy is different from one in which securities are purchased with the intent to sell them before maturity at a profit or the use of leverage to enhance yield. California Government Code contains specific provisions regarding the types of investments and practices permitted after considering the broad requirement of preserving principal and maintaining liquidity before seeking yield. These provisions are intended to promote the use of reliable, diverse, and safe investment instruments to better ensure a prudently managed portfolio worthy of public trust. II. A Which investments are permissible? Which are prohibited? [Sections 16340, 16429.1, 27133, 53601, 53601.6, 53601.8, 53635, 53635.2, 53635.8, 53638, 53684, and 57603] MINIMUM LEGAL REQUIREMENT: Local agencies may invest only in those instruments specified in State law. Sections 16340, 16429.1, 27133, 53601, 53601.6, 53601.8, 53635, 53635.2, 53635.8, 53638, 53684, and 57603 include a number of requirements on how and where public money may be invested. Figure 1 provides a synopsis of the permitted investment instruments and limitations on each, in which all local agencies may invest. Prohibited investments include securities not listed in Figure 1, as well as inverse floaters, range notes, interest only strips derived from a pool of mortgages, and any security that could result in zero interest accrual2 if held to maturity as specified 267 Item 11. 13CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION in Section 53601.6. This restriction does not apply to local agency investments in shares of beneficial interest issued by diversified management companies registered under the Investment Company Act of 1940 that are authorized for investment pursuant to subdivision (l) of Section 53601. Section 53601 provides that public agencies may invest in bonds issued by the local agency itself. In 2008, the Legislature added Section 5925 to clarify that the purchase of bonds by the state or local agency that issued the bonds does not cancel or otherwise affect the bonds. This addressed concerns that the purchased bonds would be considered defeased or refunded under certain Treasury Rules. With the addition of Section 5925 the repurchased or acquired bonds may be treated as outstanding bonds to the extent provided by the issuer or the documents defining the rights of the bondholders. In 2019, the Legislature added 57600 et seq. authorizing local agencies to form a public bank. Furthermore, under 57603, local agencies that do not pool money in deposits or investments with other local agencies that have separate governing bodies as well as local agencies that pool money in deposits or investments with other local agencies, including local agencies that have the same governing body, are permitted to invest in debt securities or other obligations of a public bank. CONSENSUS RECOMMENDATION: Local agencies should include the list of permissible securities in the investment policy and modify the list to meet its unique needs. These modifications may include additional restrictions on the type and amount of specific authorized securities to reflect current federal tax and securities regulations and an agency’s risk tolerance. The addition of Code Section 5925 authorizing state and local agencies to purchase their own bonds was intended to be complementary to Internal Revenue Service (IRS) Notice 2008-41 and 2008-88 that allowed municipal issuers to temporarily hold certain types of their own tax-exempt debt without extinguishment or loss of tax-exempt status. However, these IRS provisions were meant to be temporary and sunset, with some remaining exceptions for certain variable rate debt, on December 31, 2010. Given the incongruity between Section 5925 and IRS rules, a local agency should seek legal guidance on the potential tax implications of purchasing its own debt. As a result of amendments to Government Code Sections 53601.8 and 53635.8, local agencies should review portfolio limitations for CDs and negotiable CDs in their investment policies. Some investments, such as straight floaters or floating rate notes that are not otherwise prohibited, have the potential to result in zero interest accrual. Before 2 Zero interest accrual means the security has the potential to realize zero interest depending upon the structure of the security. Zero coupon bonds and similar investments that start at a level below the face value are legal because their value does increase, unless purchased above par. 268 Item 11. 14 LOCAL AGENCY INVESTMENT GUIDELINES INVESTMENT TYPE MAXIMUM MATURITYC MAXIMUM SPECIFIED % OF PORTFOLIOD MINIMUM QUALITY REQUIREMENTS GOV'T CODE SECTIONS Local Agency Bonds 5 years None None 53601(a) U.S. Treasury Obligations 5 years None None 53601(b) State Obligations— CA And Others 5 years None None 53601(d) CA Local Agency Obligations 5 years None None 53601(e) U.S Agency Obligations 5 years None None 53601(f) Bankers’ Acceptances 180 days 40%E None 53601(g) Commercial Paper— Non-Pooled FundsF 270 days or less 25% of the agency’s moneyG Highest letter and number rating by an NRSROH 53601(h)(2)(C) Commercial Paper— Pooled FundsI 270 days or less 40% of the agency’s moneyG Highest letter and number rating by an NRSROH 53635(a)(1) Negotiable Certificates of Deposit 5 years 30%J None 53601(i) Non-negotiable Certificates of Deposit 5 years None None 53630 et seq. Placement Service Deposits 5 years 50%K None 53601.8 and 53635.8 Placement Service Certificates of Deposit 5 years 50%K None 53601.8 and 53635.8 Repurchase Agreements 1 year None None 53601(j) Reverse Repurchase Agreements and Securities Lending Agreements 92 daysL 20% of the base value of the portfolio NoneM 53601(j) Medium-Term NotesN 5 years or less 30%“A” rating category or its equivalent or better 53601(k) Mutual Funds And Money Market Mutual Funds N/A 20% MultipleP,Q 53601(l) and 53601.6(b) Collateralized Bank DepositsR 5 years None None 53630 et seq. and 53601(n) Mortgage Pass–Through and Asset–Backed Securities 5 years or less 20%“AA” rating category or its equivalent or better 53601(o) County Pooled Investment Funds N/A None None 27133 Joint Powers Authority Pool N/A None MultipleS 53601(p) Local Agency Investment Fund (LAIF)N/A None None 16429.1 Voluntary Investment Program FundT N/A None None 16340 Supranational ObligationsU 5 years or less 30%“AA” rating category or its equivalent or better 53601(q) Public Bank Obligations 5 years None None 53601(r), 53635(c) and 57603 FIGURE 1 ALLOWABLE INVESTMENT INSTRUMENTS PER STATE GOVERNMENT CODE (AS OF JANUARY 1, 2020)A APPLICABLE TO ALL LOCAL AGENCIESB See “Table of Notes for Figure 1” on the next page for footnotes related to this figure. 269 Item 11. 15CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION A Sources: Sections 16340, 16429.1, 27133, 53601, 53601.6, 53601.8, 53630 et seq., 53635, 53635.8, and 57603. B Municipal Utilities Districts have the authority under the Public Utilities Code Section 12871 to invest in certain securities not addressed here. C Section 53601 provides that the maximum term of any investment authorized under this section, unless otherwise stated, is five years. However, the legislative body may grant express authority to make investments either specifically or as a part of an investment program approved by the legislative body that exceeds this five year remaining maturity limit. Such approval must be issued no less than three months prior to the purchase of any security exceeding the five-year maturity limit. D Percentages apply to all portfolio investments regardless of source of funds. For instance, cash from a reverse repur-chase agreement would be subject to the restrictions. E No more than 30 percent of the agency’s money may be in bankers’ acceptances of any one commercial bank. F Includes agencies defined as a city, a district, or other local agency that do not pool money in deposits or investment with other local agencies, other than local agencies that have the same governing body. G Local agencies, other than counties or a city and county, may purchase no more than 10 percent of the outstanding commercial paper of any single issuer. H Issuing corporation must be organized and operating within the U.S., have assets in excess of $500 million, and debt other than commercial paper must be in a rating category of "A" or its equivalent or higher by a nationally recognized statistical rating organization, or the issuing corporation must be organized within the U.S. as a special purpose corporation, trust, or LLC, have program wide credit enhancements, and have commercial paper that is rated “A-1” or higher, or the equivalent, by a nationally recognized statistical rating agency. I Includes agencies defined as a county, a city and county, or other local agency that pools money in deposits or investments with other local agencies, including local agencies that have the same governing body. Local agencies that pool exclusively with other local agencies that have the same governing body must adhere to the limits set forth in Section 53601(h)(2)(C). J No more than 30 percent of the agency’s money may be in negotiable certificates of deposit that are authorized under Section 53601(i). K Effective January 1, 2020, no more than 50 percent of the agency’s money may be invested in deposits, including certificates of deposit, through a placement service as authorized under 53601.8 (excludes negotiable certificates of deposit authorized under Section 53601(i)). On January 1, 2026, the maximum percentage of the portfolio reverts back to 30 percent. Investments made pursuant to 53635.8 remain subject to a maximum of 30 percent of the portfolio. L Reverse repurchase agreements or securities lending agreements may exceed the 92-day term if the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity dates of the same security. M Reverse repurchase agreements must be made with primary dealers of the Federal Reserve Bank of New York or with a nationally or state chartered bank that has a significant relationship with the local agency. The local agency must have held the securities used for the agreements for at least 30 days. N “Medium-term notes” are defined in Section 53601 as “all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, 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.” O No more than 10 percent invested in any one mutual fund. This limitation does not apply to money market mutual funds. P A mutual fund must receive the highest ranking by not less than two nationally recognized rating agencies or the fund must retain an investment advisor who is registered with the SEC (or exempt from registration), has assets under management in excess of $500 million, and has at least five years' experience investing in instruments authorized by Sections 53601 and 53635. Q A money market mutual fund must receive the highest ranking by not less than two nationally recognized statistical rating organizations or retain an investment advisor registered with the SEC or exempt from registration and who has not less than five years' experience investing in money market instruments with assets under management in excess of $500 million. R Investments in notes, bonds, or other obligations under Section 53601(n) require that collateral be placed into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation, among other specific collateral requirements. S A joint powers authority pool must retain an investment advisor who is registered with the SEC (or exempt from registration), has assets under management in excess of $500 million, and has at least five years' experience investing in instruments authorized by Section 53601, subdivisions (a) to (o). T Local entities can deposit between $200 million and $10 billion into the Voluntary Investment Program Fund, upon approval by their governing bodies. Deposits in the fund will be invested in the Pooled Money Investment Account. U Only those obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), and Inter-American Development Bank (IADB), with a maximum remaining maturity of five years or less. TABLE OF NOTES FOR FIGURE 1 270 Item 11. 16 LOCAL AGENCY INVESTMENT GUIDELINES II. B What requirements must a financial institution satisfy before a local agency may deposit its money in it? [Section 53635.2] Section 53635.2 states that all local agency money may be invested in investments set forth in 53601 or deposited for safekeeping in state or national banks, public banks, savings associations, federal associations, credit unions, or federally insured industrial loan companies in this state. It also specifies certain requirements that such financial institutions must satisfy to hold local agency money. MINIMUM LEGAL REQUIREMENT: To be eligible to receive local agency money, a financial institution must receive an overall rating of not less than “satisfactory” from the appropriate federal supervisory agency for meeting the criteria specified in Section 2906 of Title 12 of the U.S. Code (Community Reinvestment Act of 1977). The Community Reinvestment Act of 1977 (Act) requires financial institutions to demonstrate their commitment to meeting the credit needs of local communities in which they are chartered to do business. For the purpose of the Act, the appropriate federal supervisory agency includes: • The Comptroller of the Currency with respect to national banks; • The Board of Governors of the Federal Reserve System with respect to state chartered banks that are members of the Federal Reserve system and bank holding companies; • The Federal Deposit Insurance Corporation (FDIC) with respect to state chartered banks, public banks, and savings banks that are not members of the Federal Reserve system and the deposits of which are insured by the FDIC; and • The Director of Office of Thrift Supervision with respect to savings associations (the deposits of which are insured by the FDIC) and savings holding companies. 3 CDIAC's Issue Brief: Rule 144A Securities, provides a summary of securities in this class. 4 On December 18, 2019, the SEC proposed amendments to the definitions of “accredited investor” and “qualified institutional buyer,” in Rule 144A under the Securities Act of 1933. The proposal, along with instructions on how to submit comments, is available on the SEC’s website. The definition of QIB used in this publication was current as of the date of this publication, January 2020. purchasing these types of investments, the local agency should evaluate all possible outcomes, and, as a safeguard, should consider including in its investment policy a statement establishing an acceptable positive spread or floor for all securities, which pay interest based on a spread to an index. Also, while not expressly prohibited by state law, unregistered securities, such as Rule 144A securities, may not be purchased by local agencies because local agencies do not meet the Securities and Exchange Commission definition of Qualified Institutional Buyers (QIB).3 Public agencies should seek legal counsel before purchasing 144A securities.4 271 Item 11. 17CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION II. C When must the composition and credit rating of investments contained in a local agency investment portfolio be in compliance with state law? [Section 53601] California Government Code provides a description of the types of instruments permissible for local agency investment and specifies the timing of compliance with state law. Questions arise concerning the timing of any test of compliance with these requirements. MINIMUM LEGAL REQUIREMENT: Where Section 53601specifies a percentage restriction on a certain category of investment, this share of the investment portfolio must be in compliance with state law at the time that investment is purchased. The law does not specify that the entire portfolio must be in compliance when new instruments are purchased. It also does not require “rebalancing” when subsequent maturities, sales, withdrawals, or similar non-purchase activities result in the remaining portfolio having one or more of the categories of investment rise above the percentage restrictions applicable at the time of purchase. CONSENSUS RECOMMENDATION: The portfolio must be in compliance with statute at the time that the investment is purchased. It is recommended that the portfolio be monitored, as practical, for subsequent changes in percentages resulting from non-purchase activity or changes in credit rating of existing securities. In the event the portfolio or individual investments are deemed to be out of compliance with either statute or the investment policy, the local agency should have procedural guidelines in place that outline actions to take under various scenarios. Due to its fiduciary responsibility, early communication with and involvement of the legislative body concerning a major or critical event is of utmost importance. Therefore, the procedural guidelines should identify circum- stances under which communication and discussion of the treasurer’s analysis and recommended course of action to the legislative body or oversight commit- tee is warranted. CONSENSUS RECOMMENDATION: A local agency should contact the appropriate federal supervisory agency to de- termine if its financial institution meets the overall rating requirement. Local agencies should be aware that in some instances ratings from federal su- pervisory agencies may not be current, as financial institutions are evaluated only every year or two. Additional inquiry may be necessary to obtain updated infor- mation if the last published rating is more than one year old. 272 Item 11. 18 LOCAL AGENCY INVESTMENT GUIDELINES II. D Must bond proceeds be invested in the securities set forth in statute? [Section 53601(m)] Section 53601(m) allows greater flexibility with respect to the types of invest- ments that may be made with bond proceeds. Specifically, the law permits money from bond proceeds, obligations under a lease, installment sales, or other agreements of a local agency to be invested in any security that meets the statutory provisions governing the issuance of the bond or other agree- ments made by the issuing agency. In so doing, this section of the code recognizes that outstanding contracts between issuers and bond holders may not comply with the investment statutes and gives local agencies greater discretion in how to invest bond proceeds. MINIMUM LEGAL REQUIREMENT: Bond proceeds may be invested in accordance with statutes or they may be in- vested in alternative vehicles if authorized by bond documents. CONSENSUS RECOMMENDATION: The agency’s investment policy should either require that bond proceeds be invested in accordance with statutes, reference applicable bond documents (such as, the indenture or rating agency requirements), or specify the types of investments authorized for bond proceeds. Bond proceeds may be invested in instruments with maturities longer than five years. Applying the five-year maturity limitation found in statute may result in less yield. When investing bond proceeds, maturities should match the cash flow needs of the project or fund. II. E How does the Municipal Advisor (MA) Rule affect investment of bond proceeds? As a part of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203) (Dodd-Frank Act), the Securities and Exchange Commission (SEC) enacted regulations addressing the apparent conflict of interest between municipal bond underwriters providing both underwriting and advice on the investment of bond proceeds for the same debt issue. These regulations were incorporated in the Municipal Advisor Rule (MA Rule). The MA Rule states that broker-dealers providing advice to government clients have a fiduciary duty to their clients and must be registered as a municipal advisor. In order to avoid becoming a fiduciary to municipal issuers, many broker-dealers, who have a significant municipal underwriting business, have adopted policies prohibiting brokers from providing investment advice. The MA Rule provides 273 Item 11. 19CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION 5 Information on the MA Rule can be found at the SEC and GFOA websites. II. F Are all U.S. Agency bonds legal investments for California local agencies? [Sections 53601(f) and 53601.6] There has been a lot of discussion about the risk profile of certain products and deriv- atives issued by U.S. Agencies and U.S. government sponsored enterprises (GSEs). These Agencies and GSEs issue both traditional fixed-income securities (notes and bonds) as well as more complex, structured products including customized mort- gage- and asset-backed securities and derivatives. The State’s investment laws, how- ever, place no restrictions on these types of investments other than the prohibitions against inverse floaters, range notes, interest-only strips derived from mortgage pools, and securities that could result in zero-interest accrual if held to maturity. In recent years, some GSE debt has been privatized and is now structured like corporate debt yet still falls under the limits of 53601(f) and 53601.6. The most commonly traded GSE debt includes that from the Federal Home Loan Bank (FHLB), Federal Farm Credit Bank (FFCB), Federal Home Loan Mortgage Corporation (Freddie Mac), Federal National Mortgage Association (Fannie Mae) and Federal Agricultural Mortgage Corporation (Farmer Mac). Other less common GSEs include Government National Mortgage Association (Ginnie Mae), Community Development Corporation (CDC), Student Loan Marketing specific exemptions to public agencies seeking to receive investment advice from broker-dealers, including receiving advice through a request for proposal (RFP) process or by entering into a formal relationship with an independent registered municipal advisor for advice. MINIMUM LEGAL REQUIREMENT: The MA Rule places no legal obligations on public agencies. The regulations ad- dress only the responsibilities of broker-dealers with respect to the bond proceeds. CONSENSUS RECOMMENDATION: Although the MA Rule does not specifically regulate the investment of bond proceeds by a local agency, it has materially affected the investment processes of many agencies. For example, treasury staff may have to adopt procedures, including the use of a mini-RFP that would exempt their brokers-dealer from being defined as a fiduciary. Local agency treasury staff should understand the MA Rule and its exemptions; have knowledge of the limitations of their broker- dealer firms as a result of the MA Rule; and address the MA Rule by adopting a policy regarding the investment of bond proceeds. The SEC and the Government Finance Officers Association (GFOA) offer more information.5 274 Item 11. 20 LOCAL AGENCY INVESTMENT GUIDELINES II. G What are supranationals? [Section 53601 (q)] 6 SLMA (Sallie Mae) terminated its ties to the federal government in 2004; bonds issued prior to 2005 are GSE debt; bonds issued in 2005 and after are corporate debt issued by the SLM Corporation. Association (Sallie Mae)6, Small Business Administration (SBA), Overseas Private Investment Corporation (OPIC), and Tennessee Valley Authority (TVA ). MINIMUM LEGAL REQUIREMENT: Obligations, including bonds, notes, certificates of participation, or other instruments issued as U.S. Agencies or GSE debt are permissible investments under Section 53601(f). These investments are, however, subject to the prohibition against inverse floaters, range notes, interest-only strips derived from a pool of mortgages, and securities that could result in zero-interest accrual in Section 53601.6. CONSENSUS RECOMMENDATION: Local agencies should institute restrictions that recognize the different character- istics and risk profile of the variety of U.S. Agency and GSE debt instruments. Factors such as the repayment pledge, size of the issue, prominence of the issuer in the market, and the complexity of the issue (such as call features, timing of interest and principal payments, or other options) will impact the risk profile and, thus, the balance of safety, liquidity, and yield in a local agency’s portfolio. With SBA loans or pools, for example, the principal and interest may be guaranteed by the U.S. Government, but the prepayment or premium risk can be substantial. Investments in these types of products should only be entered into with a clear awareness, by both the legislative body and treasurer, of the risks involved and only if the local agency's staff have sufficient expertise and resources to manage such investments. A supranational organization is formed by a group of countries through an in- ternational treaty with specific objectives such as promoting economic develop- ment. Supranational organizations also issue debt in the United States. The most commonly recognized supranational debt is issued by the International Bank for Reconstruction and Development (IBRD or World Bank). Section 53601 (q) allows local agencies to invest in bonds issued by one of three supranationals: World Bank, International Finance Corporation (IFC) and Inter-American Development Bank (IADB), which were established by international treaties, incorporated into U.S. federal law by Congressional Acts and headquartered in Washington, D.C. Currently, these entities carry the highest credit ratings (AAA) based on their financial structure, policies, performance and capital support from shareholders. Securities issued by these 275 Item 11. 21CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION II. H Can a local agency invest in an investment pool administered by another state? [Section 53601 (d)] Section 53601 is prescriptive of the types of investments permissible for local agency investment. It specifies, among other things, the issuer of the security, the type of obligation and the maturity of the security. MINIMUM LEGAL REQUIREMENT: Section 53601 (d) allows local agencies to invest in the debt of another state or department, board, agency or authority and 53601(p) allows joint powers authorities (JPA) established pursuant to Section 6509.7 to invest in securities and obligations authorized under 53601 (a)-(q) as long as each member of the JPA has an equal proportional interest in the purchased securities. Furthermore, members of the JPA may include public agencies outside of California. However, local agencies are not permitted to invest in an investment pool administered by another state. CONSENSUS RECOMMENDATION: Local agency permissible investments do not include investment pools adminis- tered by another state as an investment option. supranationals include benchmark bonds, global bonds, structured notes, plain fixed and floating rate notes, discount notes as well as green bonds MINIMUM LEGAL REQUIREMENT: In order for local agencies to invest in bonds issued by supranationals, the bonds must meet the following criteria: • Maturity of five years or less; • Eligible for purchase and sale within the US; • In a rating category of "AA" or its equivalent or better by a nationally recognized statistical rating orginization (NRSRO); and • Cannot exceed 30 percent of the agency's investment portfolio. 276 Item 11. 22 LOCAL AGENCY INVESTMENT GUIDELINES II. I What are “medium-term notes?” [Section 53601(k)] Until recently, the statutes defined medium-term notes as those instruments meeting certain term-length and quality requirements. Amendments to Section 53601(k) have attempted to clarify some of the ambiguity surrounding this defi- nition. A variety of reasons account for this past confusion. One is that the SEC treats “corporate notes” slightly differently than “medium-term notes.” Another is that brokers often refer to corporate obligations that have an original term to maturity longer than five years as corporate rather than medium-term notes, even though the remaining term to maturity for these notes may be less than five years. MINIMUM LEGAL REQUIREMENT: Section 53601(k) defines medium-term notes as “all corporate and depository in- stitution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating in the United States.” Therefore, investments in any corporate or depository institution debt securities that ma- ture within five years from the time of purchase are legal as long as they meet the minimum quality standards. Moreover, the statute specifies that local agencies may not classify investments as medium-term notes if they satisfy the definition of other allowable investments authorized under state law. For example, a local agency could not consider a security that satisfies the definition of commercial paper as a medium-term note in its portfolio. CONSENSUS RECOMMENDATION: With many companies and depository institutions operating worldwide, the interpretation of the phrases “organized and operating in the United States” and “licensed by the United States or any state” comes into question. The terms organized, operating, and licensed are not specifically defined by statutes nor are they legal terms that hold specific meaning. For the purpose of applying Section 53601(k), the following interpretations, based upon usage and context, are offered as guidance to local agencies. • Organized - An entity organized as a corporation in the United States. • Operating - Engaged in business activities for which it was organized and maintaining a functioning office (other than a representative office). • Licensed - Permitted by the appro- priate regulatory agency to oper- ate and conduct business in the United States (federal license) or a specific state (state license). Given that even the above interpretations do not provide certainty, local agencies should establish a method of determining whether a purchase of medium- term notes meets the requirements of Section 53601(k) in consultation with 277 Item 11. 23CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION II. J What are the rules regarding the use of reverse repurchase agreements and securities lending agreements? Are shorting strategies allowed? [Section 53601(j)] The intent of Section 53601(j) is to limit the imprudent use of reverse repurchase agreements (reverse repos) and securities lending agreements. In 1995, the Leg- islature, concerned about the use of reverse repurchase agreements for enhancing yield, imposed a number of restrictions on local governments. MINIMUM LEGAL REQUIREMENTS: Section 53601(j) imposes the following restrictions on reverse repos: • If an issuing entity is incorporated in the U.S., but is a subsidiary of a foreign-owned parent company the stability of either the parent company or the economy of the country of the parent company should be considered when purchasing debt issued by these types of entities. • Alternately, a local agency may hold securities in a U.S. company that is subsequently purchased by or merges with a foreign company (for example, the InBev merger with Anheuser Busch in 2008). The local agency should monitor the merger or purchase to determine if it remains a prudent for the agency to hold the security. • Identifying the venue for any legal recourse in the event of a bankruptcy or credit event would assist the local agency in determining whether the organization is organized and operating in the U.S. If the security is backed by assets that are in the U.S., then the investor may attempt to attach a claim on them in a U.S. court in the event of a bankruptcy or default. If the security is not backed by assetsin the U.S., then the initial financing documents of the underlying security may provide a possible source to assist with determining the legal venue. their legal counsel. The following provides additional general guidance and recommendations to consider: • Reverse repos cannot constitute more than 20 percent of the “market value” of an agency’s portfolio;7 • Reverse repos are limited to 92 days unless the minimum spread between the rate on investment and cost of funds is guaranteed in writing; and • Securities used to make reverse repos must be held for a minimum of 30 days prior to the transaction. 7 For reverse repos purchased under Section 53601, the calculation is based upon the “base value” of the agency’s portfolio, which is defined as the dollar amount obtained by totaling all cash balances in the portfolio from all sources, excluding any amounts from reverse repos or similar borrowing methods. 278 Item 11. 24 LOCAL AGENCY INVESTMENT GUIDELINES Section 53601(j) also applies the above restrictions to securities lending agreements with the exception that a local agency portfolio may not hold more than 20 percent of its base value in reverse repos and securities lending agreements combined. Section 53601(j)(5) provides specific definitions for repurchase agreements, re- verse repurchase agreements, and securities lending agreements. Agreements not meeting these specific definitions are therefore not authorized. CONSENSUS RECOMMENDATION: Both reverse repurchase agreements and securities lending agreements may be used to take advantage of certain short-term opportunities to improve yield and mitigate cash flow shortages. They should be entered into only when there is a clear understanding by both the legislative body and treasurer of the risks inherent in these types of agreements. The agency’s staff must have sufficient expertise in the arrangement and management of these transactions.8 Although reverse repurchase agreements and securities lending agreements can be an effective short-term portfolio management tool in certain circumstances, they should not be confused with "short selling" or "margin selling." Reverse repurchase agreements are used to address cash flow concerns by entering into an agreement in which a counterparty will buy securities from a local agency. At the end of the agreement, the counterparty that purchased the securities will resell the securities to the local agency at a specified date and price. With a securities lending agreement, securities owned by the local agency are loaned to a borrower who provides an agreed-upon return and collateral to the local agency. At the conclusion of the agreement, the loaned securities are returned to the local agency and the collateral is returned to the borrower. "Short selling" or "margin selling" is a practice where a margin account is estab- lished with delivery versus payment (DVP) settlement and securities are loaned by a broker/dealer to the local agency. The loaned securities may be immediately sold with the intent of purchasing the securities back when market prices are lower to close out the margin position, thus profiting on the decline in value of the securities. Shorting strategies carry a high degree of risk of not only a zero re- turn, but significant loss of asset value. They do not meet the risk-limiting intent of the legislature in the adoption of 53601(j), and are not considered a prudent investment for the public portfolio. 8 Please see CDIAC Issue Brief, Securities Lending Agreements, for a detailed discussion of these types of transactions. 279 Item 11. 25CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION II. K What are the rules regarding the use of mutual funds and money market funds? [Sections 53601(l) And 53601.6(b)] 9 Mutual fund as defined in Government Code Section 53601(1)(1). 10 Nationally Recognized Statistical Rating Organization. Local agencies have the authority to invest in shares of mutual funds as described in Section 53601 (l) and 53601.6 (b) and in money market mutual funds as specified in the federal Investment Company Act of 1940. The permissible in- vestments and strategies of the mutual fund or money market fund should be reviewed to determine whether or not they adhere to the parameters contained in both federal and state law. MINIMUM LEGAL REQUIREMENT: Local agencies can invest in shares of mutual funds that invest in the securi- ties and obligations as authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (o), inclusive, of Section 53601 and that comply with the investment restrictions of Section 53630. Local agencies can also invest in shares of mutual funds that are defined as money market mutual funds that follow regulations specified by the SEC under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.). The purchase price of shares shall not include any commission that the fund manager may charge and shall not exceed 20 percent of the agency’s funds that may be invested pursuant to this Section 53601. In addition, no more than 10 percent of the agency’s funds may be invested in shares of any single mutual fund.9 Both mutual and money market mutual funds require that they have attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.10 In addition they have retained an investment advisor registered or exempt from registration with the SEC with not less than five years’ experience managing their specific category of fund and have assets under management in excess of $500,000,000. CONSENSUS RECOMMENDATION: The investment policy should specify criteria for selection of both mutual funds and money market funds by the investment official. Local agencies should review the permissible investments and strategies of the mutual fund or money market fund to determine whether or not they adhere to both federal and state law. 280 Item 11. 26 LOCAL AGENCY INVESTMENT GUIDELINES II. L What are the rules affecting the investment of tax and revenue anticipation note (TRAN) and grant anticipation note (GAN) proceeds? [Sections 53821.5, 53841.5, 53852.5 and 53859.02(b)] Existing statutes prevent agencies from using the proceeds of their temporary borrowing, specifically TRANs and GANs, to purchase long-term securities in order to achieve higher investment yields in a manner which could limit liquid- ity needed to ensure sufficient cash to repay the temporary borrowing when due. MINIMUM LEGAL REQUIREMENT: Government Code Sections 53821.5, 53841.5, 53852.5 and 53859.02(b) pro- hibit the investment of the proceeds of temporary borrowing in securities that have terms exceeding those of the temporary borrowing itself. In other words, proceeds from a temporary borrowing due June 20 may not be invested in securities that mature after June 20. The minimum legal requirements are clear for securities that have an identifiable term to maturity. However, the law is ambiguous when an agency invests the proceeds of temporary borrowing in items that do not have a specific maturity date, such as investments in county CONDITIONS ALLOWING FOR INVESTMENT MONEY MARKET FUNDS MUTUAL FUNDS I. Must receive the highest ranking or the highest letter and numerical rating by no less than two nationally recognized rating services; —or— Must retain an investment advisor who is registered or exempt from registration with the SEC and has at least five years' experience investing in specified securities and managing assets in excess of $500 million.A II. Must abide by the same investment restrictions and regulations that apply to public agencies in California [Section 53601(a-k, m-o)]. III. Must follow regulations specified by the SEC under the investment company act of 1940 (15 U.S.C. Section 80a-1, et seq.). FIGURE 2 GOVERNMENT CODE REQUIREMENTS FOR LOCAL AGENCY INVESTMENT IN MONEY MARKET AND MUTUAL FUNDS A The requirement for mutual funds is an investment advisor with experience investing in securities and obligations authorized in Sections 53601 and 53635. For money market funds, the advisor must have experience in managing the types of investments that can be purchased by money market funds as specified in SEC Regulation 2a-7. 281 Item 11. 27CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION Sections 53601 and 53608 address the appropriate safekeeping arrangements for securities. While a third party institution is the standard used in safekeeping arrangements, securities may be held by the same firm from which they were purchased as long as the securities for safekeeping are in the name of or under the control of the local agency and kept in a legally separate trust department. MINIMUM LEGAL REQUIREMENT: Section 53601 specifically allows local agencies to use a counterparty bank’s trust department or separate safekeeping department for the physical delivery of a security if the security is held in the name of the local agency. Section 53608 authorizes general safekeeping arrangements that allows local agencies to use for deposit for safekeeping a federal or state association (as defined by Section 5102 of the Financial Code), a trust company or a state or national bank located within this state or with the Federal Reserve Bank of San Francisco or any branch thereof within this state, or with any Federal Reserve bank or with any state or national bank located in any city designated as a reserve city by the Board of Governors of the Federal Reserve System, the bonds, notes, bills, debentures, obligations, certificates of indebtedness, warrants, or other evidences of indebtedness in which the money of the local agency is invested pursuant to this article or pursuant to other legislative authority. The local agency shall take from such financial institution a receipt for securities so deposited. CONSENSUS RECOMMENDATION: Industry standard is to set up a third-party (an institution other than the party that sold the agency the investment) safekeeping agreement. In order for the securities to be held by the same institution that sold the security, they must be kept in a separate area of the institution such as its trust department. The security must be in the local agency’s name or “perfected” by transferring the security through a signed agreement that contains a description of the security. II. M What is an appropriate safekeeping arrangement for securities? [Sections 53601 and 53608] pools or other funds that may have an average maturity that is longer than the temporary borrowing. CONSENSUS RECOMMENDATION: The proceeds of temporary borrowing can be placed in investments that have no specific term to maturity so long as the proceeds can be removed within the term of the temporary borrowing without a penalty. Therefore, cash equivalent shares in liquid funds such as LAIF or county pools—where an agency has rela- tively quick access to its deposits—are legitimate investments for the proceeds of temporary borrowing, as long as withdrawals in amounts sufficient to repay the temporary borrowing when due are not restricted or penalized. 282 Item 11. 28 LOCAL AGENCY INVESTMENT GUIDELINES II. N How does the Municipal Advisor (MA) Rule affect a local agency’s relationship with an investment advisor? [Section 53600.3] The MA Rule states that broker-dealers providing advice to government clients on the investment of bond proceeds have a fiduciary duty to their clients and must be registered as a municipal advisor. In order to avoid becoming a fiduciary to municipal issuers, many broker-dealers, who have a significant municipal un- derwriting business, have adopted policies prohibiting brokers from providing investment advice. The MA Rule provides specific exemptions to public agen- cies seeking to receive investment advice from broker-dealers, including receiv- ing advice through a request for proposal (RFP) process or by entering into a formal relationship with another independent registered municipal advisor who provides investment advice. MINIMUM LEGAL REQUIREMENT: The MA Rule places no legal obligations on public agencies. The regulations address only the responsibility of broker-dealers with respect to bond proceeds. It is important to note that a local agency’s fiduciary responsibilities cannot be delegated regardless of the fiduciary standards imposed on other members of the municipal market. Section 53600.3 provides that a finance officer or treasurer can delegate duties to an external investment manager via a principal-agent rela- tionship, but they cannot delegate fiduciary responsibility. CONSENSUS RECOMMENDATION: Local agencies rely on municipal advisors to help make decisions about issuing municipal securities and investing bond proceeds. Registered investment advisors hold a fiduciary responsibility to their clients by virtue of their registration with the SEC under the Investment Advisor Act of 1940. Nonetheless, the fiduciary responsibility that ultimately rests with the legislative body and the treasurer can- not be wholly delegated to an external investment manager. Under the MA Rule, when an investment adviser consents to act in the capacity of an Independent Registered Municipal Advisor (IRMA), the local agency is able to exchange information with broker-dealers that do not have a fiduciary duty to the agency. When a local agency retains an IRMA, it agrees to consult the IRMA when considering information provided by broker-dealers. Further, when a local agency has an IRMA they should communicate that information to the market. Local agencies should ensure that the professionals they use are registered with the SEC and MSRB by checking the MSRB’s Municipal Advisor Registration webpage. 283 Item 11. 29CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION II. O What are the rules regarding the payment of interest earned on non-general fund deposits to an agency's general fund? [Section 53647] II. P Should local agencies invest in financial futures and option contracts? If so, in what manner should they be utilized? [Sections 53601.1] Many local agencies have the opportunity to earn interest on funds held in gov- ernmental accounts other than the general fund. MINIMUM LEGAL REQUIREMENT: Section 53647 provides that interest earned on a local agency's deposits shall be paid quarterly to the general fund of the agency unless otherwise directed by law. Alternatively, if directed by the governing body of the local agency, interest shall be paid to the fund containing the principal upon which the interest accrued. CONSENSUS RECOMMENDATION: Although all interest earned on its deposits should be paid to the agency's general fund on a quarterly basis, the governing body may direct that the interest be allocated to the fund in which the interest earning principal was deposited. It is important to note that other directives provided in law or contract for the payment of interest to a specific fund (e.g., funds held by a trustee) are overriding exceptions. In addition to the permitted investments in Section 53601 such as treasuries, agencies, money markets, medium-term notes, and pooled investments, local agencies are permitted to invest in financial futures and option contracts in relation to any of these authorized investments. Local agencies can use a financial futures contract to potentially hedge risk because the buyer/seller are obligated to purchase/sell an asset at a predetermined future date and price thereby limiting a local agency's exposure to price fluctuations.11 Financial options contracts, which allows the buyer to buy or sell an obligation at a specified price for a specified time, are more risky and usually expire with a zero value.12 11 Nicole Sargent. How are Futures Used to Hedge a Position? Investopedia (January 29, 2018). Accessed December 2019. 12 Beth Gaston Moon. Understanding Options Risk. InvestorPlace (April 12, 2012). Accessed December 2019. 284 Item 11. 30 LOCAL AGENCY INVESTMENT GUIDELINES II. Q How long should a local agency retain trade ticket information? Pursuant to SEC’s Rules 17a-3 and 17a-4 detailing the record-keeping requirements for broker-dealers, trade blotters or records of sales and purchases are required to be retained for six years. Trade confirmations, on the other hand, are required to be kept for three years. Given that there is no specific state requirement requiring a period of time that trade ticket information should be retained, local agencies may consider adopting such guidelines. MINIMUM LEGAL REQUIREMENT: There are no existing legal requirements pertaining to the retention of trade tickets. CONSENSUS RECOMMENDATION: Trade ticket information includes the price, yield, Committee on Uniform Securities Identification Procedures (CUSIP) reference number of the security as well as net money including principal, accrued interest, and total money. It MINIMUM LEGAL REQUIREMENT: Section 53601.1 states that the authority of a local agency to invest funds pur- suant to Section 53601 includes, in addition thereto, authority to invest in fi- nancial futures or financial option contracts in any of the investment categories enumerated in that section. CONSENSUS RECOMMENDATION: Although the language in Section 53601.1 is very broad in its application to execute option and futures contracts on any investment categories enumerated in Section 53601, extreme care should be taken when using these strategies. Option and futures strategies are complicated and should only be used to hedge matched positions in securities currently held in the portfolio as a means to limit the risk of adverse price movements of a given security. Option and futures contracts should not be utilized in the public portfolio as a high-yield strategy. An imprudent high-yield options and future strategy involves taking “naked” positions. “Naked” positions are those option and futures contract strategies placed on securities that are not covered by matched positions held in the portfolio. A “naked” position will require acquisition of securities in the marketplace at the prevailing market price in order to close out the position, which could result in unlimited risk and large asset losses. A high-risk, high- yield option and futures strategy is not consistent with the prudent investor standards established in Section 53600.3 and safety-liquidity-yield objectives established under Section 53600.5. 285 Item 11. 31CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION also identifies the broker-dealer with whom the trade was done. It is important to retain trade ticket information for several reasons, most importantly for compliance and audit reasons. In addition, if there are any questions regarding a particular trade, it would be beneficial to have documentation. To be prudent, trade tickets should be kept for at least six years. Local agencies should consider adopting their own agency guidelines for retention of financial records, including trade ticket information. 286 Item 11. Chapter III. Reporting Requirements 287 Item 11. 33 Chapter III. Reporting Requirements Reporting requirements and recommendations are imposed on local agencies in Sections 53646 and 53607. Section 53646 states that the treasurer or chief fiscal officer of a local agency may file reports on the status of their investment portfolios with their respec- tive legislative body, internal auditor, and chief executive officer. These reports generally are intended to provide the legislative body the ability to meet its fiduciary obligations as a trustee and to increase the disclosure of the agency’s investment activities to those outside the agency. Section 53646 states that if the quarterly investment portfolio report is submitted, it must contain, among other things, a listing of investments, fund balances, activity, and return on investments made by the local agency. Quarterly reports should reflect the cur- rent positions and past performance of a portfolio of investments for the period of time under consideration. Section 53646(e) states that for local agency funds that have been placed in a county investment pool, LAIF, FDIC-insured bank deposits, National Credit Union Shared Insurance Fund-insured accounts in a credit union, accounts insured or guaranteed pursuant to California Financial Code Section 14858, or some combination of the above, the treasurer may substitute the most recent account statement received from those entities in lieu of the information on these investments that is otherwise required by this section. Section 53646(f) states that securities, investments, or monies held by a school district or county office of education in individual accounts that are less than twenty-five thousand dollars ($25,000) may be excluded from the report. Local agency treasurers to whom the authority to invest or reinvest funds or to sell or exchange securities has been delegated by the legislative body of a local agency are required by Section 53607 to submit a monthly report of transactions to the legislative body. 288 Item 11. 34 LOCAL AGENCY INVESTMENT GUIDELINES III. A What specific information regarding portfolio investments needs to be included in the report to the legislative body? [Section 53646(b)(1-4) and 53607] Section 53646 specifically encourages treasurers to prepare the quarterly invest- ment report to enable the legislative body to perform its fiduciary duty and pro- vide full disclosure of the public entity's investment activities. MINIMUM LEGAL REQUIREMENTS: If the treasurer or chief fiscal officer of a local agency elects to submit or if the legislative body mandates the submission of a quarterly investment report to the legislative body pursuant to Section 53646, it must do so within 30 days after the end of the quarter and include the following information: 13 Refer to CDIAC publication California Public Fund Investment Primer for definitions of investment types. 14 “Dollar amount invested” is defined as cost, however, best practice uses amortized cost or book value. Confusion exists as to the meaning of the words “held by the local agency” found in Government Code Section 53646(b)(1). Several standards have been suggested to clarify this phrase, including “ownership,” “control,” “under direct management by,” “possession,” and “accountability for the funds.” Each of these suggestions would lead to different determinations as to the specific funds required to be reported. The apparent intent of the Legislature in enacting this requirement was to provide for comprehensive disclosure of local agency investments. • Type of investment (i.e. U.S. Treasury security, commercial paper);13 • Issuer name; • Date of maturity; • Par amount; • Dollar amount invested in all securities, and investments and monies held by the local agency;14 • A description of the funds, invest- ments, and programs (including lending programs) managed by contracted parties (i.e. LAIF, invest- ment pools, outside money manag- ers, and securities lending agents); • Current market value as of the date of the report of all funds held by the local agency and un- der the management of any out- side party that is not also a local agency or LAIF and the source of the valuation; • A statement of compliance with the investment policy or an expla- nation for non-compliance; and • A statement of the local agency’s ability to meet its pool’s expendi- ture requirements for the next six months, as well as an explanation of why sufficient money will not be available if that is the case. The legislative body of the local agency may elect to require this report on a monthly basis. Furthermore, the legislative body may require the treasurer to provide additional information beyond that listed above. 289 Item 11. 35CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION 1. A listing of individual securities held at the end of the reporting period by authorized investment category. 2. Average life and final maturity of all investments listed. 3. Coupon, discount or earnings rate. 4. Par value, amortized book value and market value. 5. Percentage of the portfolio represented by each investment category. 6. A description of the funds, investments, and programs (including lending programs) managed by contracted parties (i.e. LAIF, investment pools, outside money managers, and securities lending agents). 7. A statement of compliance with the investment policy or an explanation for non-compliance. 8. A statement of the local agency’s ability to meet its pool’s expenditure requirements for the next six months, as well as an explanation of why sufficient money will not be available if that is the case. Local agency funds that have been placed in a county investment pool, LAIF, FDIC insured bank deposits, National Credit Union Shared Insurance Fund- insured accounts in a credit union, accounts insured or guaranteed pursuant to California Financial Code Section 14858, or some combination of the above, may substitute the most recent account statement received from those entities in lieu of the information recommended above. In addition to the reporting requirement set forth by Section 53646, a local agency treasurer who has been delegated authority to invest or reinvest funds of the local agency by the legislative body under Section 53607 must submit a report to the legislative body accounting for transactions made during the month. This reporting requirement is separate and distinct from the quarterly report submitted under Section 53646. If the legislative body has delegated authority to the treasurer and has elected to require the quarterly report under Section 53646 If the local agency’s legislative body delegates, to the local agency’s treasurer, its authority to invest or reinvest the agency’s funds or sell or exchange the agency’s securities, the treasurer shall make a monthly report of those transactions to the legislative body, pursuant to Section 53607. The delegation of authority may be made for a period of one year. The requirement to submit the transaction report lasts until the authority is revoked or expires. In contrast to the specific information required in the quarterly report under Section 53646(b), the contents of the monthly report of transactions required under Section 53607 are not enumerated. CONSENSUS RECOMMENDATION: Based upon the public benefits achieved by reporting, it is recommended that the treasurer or designated official provide the local agency’s legislative body a quarterly investment report that provides a clear picture of the status of the current investment portfolio. The quarterly investment report should include the following: 290 Item 11. 36 LOCAL AGENCY INVESTMENT GUIDELINES III. B Should the report include market value measures for individual securities? [Section 53646(b)(1)] The market value of each security in a portfolio must be computed before deter- mining the portfolio’s overall market value. MINIMUM LEGAL REQUIREMENT: Section 53646(b)(1) states: “With respect to all securities held by the local agen- cy, and under management of any outside party that is not also a local agency or the LAIF, the report shall also include a current market value as of the date of the report, and shall include the source of this same valuation.” CONSENSUS RECOMMENDATION: The law is not clear whether “all” securities implies the market value of the over- all portfolio or each security. The level of detail to be presented in the report depends on the portfolio activity and the audience. The report for internal trea- sury staff and the oversight committee should list the individual market value for each security. This approach gives a more complete picture of the health of a portfolio and brings individual investment performance to the attention of those responsible for compliance oversight. For the legislative body, the report should be a summary with aggregate market value listed and include a footnote stating that data on particular investments is available upon request. HOW SHOULD THE MARKET VALUE OF THE PORTFOLIO BE DETERMINED? In establishing market value of the portfolio as required by Section 53646(b)(1), the GFOA recommends that local entities obtain independent third party assess- ment of investments and risk from a reputable source. The most common approach is to request pricing information from the agency’s safekeeping service, custodial service, or trustee. Agencies may need to contract with pricing service companies for more complex securities. These companies specialize in giving the current market price for a broad range of securities. An alternative way to determine the value of securities in a portfolio is to perform an in-house analysis by collecting information from different sources such as dealer quotes, online computer information, and certain publications that provide on a monthly basis, it may be very practical and efficient to merge the elements of the quarterly report with the month’s transactions and provide a combined report on a monthly basis. While the elements of each reporting requirement may be different they may be combined in one report. 291 Item 11. 37CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION price estimates. These sources may not be as up-to-date or accurate as a pricing service, but they offer a relatively inexpensive method to make price estimates. Finally, to assess the value of securities where specific prices are not available, a treasurer can either tie the spread of a recent investment to a benchmark security that is easy to value or use a matrix pricing formula. A matrix pricing formula displays the prices of a variety of different securities which are then used as a basis for approximating the value of the security in question. These formulas are particularly useful for short-term securities that mature between 90 and 180 days. MINIMUM LEGAL REQUIREMENT: Section 53646(b)(1) provides that the agency shall include the current market value as of the reporting period date and the source of the valuation. CONSENSUS RECOMMENDATION: To provide the most unbiased method of reporting current market values, the local agency should obtain an independent valuation of the portfolio from a reputable source, such as, a broker or other financial institution, custodial bank, available publications or other pricing services. The independent sources should not be a party to the transaction. For example, the broker that sold the security should not be used to provide the valuation. The agency should use the best sources of market price information available. Prices for securities are estimates that carry a certain degree of error regardless of the approach used and will fluctuate over time due to market conditions. It is imperative that lo- cal officials pay extra attention to estimates on complex, infrequently traded, or highly customized securities. HOW FREQUENTLY SHOULD MARKET VALUE BE CHECKED? MINIMUM LEGAL REQUIREMENT: None. Government Code does not specify frequency of market valuation. CONSENSUS RECOMMENDATION: Frequency of market valuation will be dependent on the complexity of the se- curities in the portfolio and the frequency of trading. For infrequent or passive investors, market value should be “marked-to-market” quarterly at a minimum. For a more active portfolio, the industry standard is monthly. 292 Item 11. 38 LOCAL AGENCY INVESTMENT GUIDELINES III. C Should an analysis of cash flows be prepared by the local agency in order to validate the six-month liquidity certification? [Section 53646] A public agency is required to include a statement indicating that the projected cash flow is adequate to meet expected obligations over the next six months or provide an explanation as to why sufficient money may or may not be available. MINIMUM LEGAL REQUIREMENT: Section 53646(b)(3) addresses the requirement for the local agency to include a statement denoting the ability of the local agency to meet its pool’s expenditure requirements for the next six months or provide an explanation as to why suf- ficient money may or may not be available. There are no other requirements for identifying cash flows and setting liquidity targets at the local agency. Section 53646(c) requires the treasurer or chief fiscal officer to report whatever addi- tional information or data may be required by the legislative body of the local agency. CONSENSUS RECOMMENDATION: An analysis of cash flows is not required. However, the treasurer should be prepared to discuss cash flow projections and methodology at the request of legislative or oversight bodies. This analysis may list basic projections—based on historical data, market sensitivity or other relevant information—that sup- port the cash flow liquidity statement. There are no guarantees when it comes to predicting future obligations. A sound justification for the expenditure state- ment gives the finance officer added protection against decisions that originally looked good but turned out poorly because of unforeseen circumstances. The nature of the analysis will vary greatly depending on the size, sophistication, and complexity of the local agency staff and portfolio. Best practices dictate that cash flow statements should be prepared on a regular basis. However, in some agen- cies it may not be practicable or necessary, for instance, for LAIF-only participants. An analysis of cash flows is the precursor to portfolio management and should be prepared and updated, as needed, at least for internal investment staff use. Those who manage investment pools need to pay close attention to the needs and accuracy of the requests of participants to ensure accurate cash flow projec- tions. Incomplete information about a pool’s investors not only compromises the legitimacy of the six-month cash flow statement, but also adds substantially to the liquidity risk of the pool. In the case of investment pools, all participants’ cash flow needs must be taken into account in preparing the six month cash flow statement. The pool admin- istrator or manager should keep close tabs on mandatory and voluntary pool 293 Item 11. 39CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION III. D What tools can be used to measure interest rate risk? Interest rate risk, also known as market risk, is the risk that a security’s value or price will decline as interest rates rise in the general market. Weighted average maturity (WAM ) and duration are commonly used measures of interest rate risk. WAM measures the portfolio’s “average life.” Duration considers all of the cash flow receipts not just the last cash flow as in WAM and provides an approximate percentage change in the value of a security or portfolio for a given change in interest rates.15 Some local agencies have inquired whether they should include this information in their report. MINIMUM LEGAL REQUIREMENT: Existing statutes do not require local agencies to report an interest rate risk mea- sure in their portfolios. Section 16480.7 requires the State Treasurer to submit a quarterly report to the Pooled Money Investment Board that includes the weighted average maturity of the investments in the Pooled Money Investment Account. CONSENSUS RECOMMENDATION: Local agencies should consider including the WAM or duration measurement in the report. The type of duration measure (e.g. modified and/or effective dura- tion) used will depend on the type of investments being analyzed and the capac- ity of the agency to perform or source the calculations. While duration will pres- ent greater precision than WAM in the measurement of interest rate risk, given the need for specialized software to perform calculations or an external source for duration information, an agency may find greater utility in the easier to calcu- late WAM. The decision on which metric to use will be based on the needs and resources of the local agency. Local agencies also should consider whether their investment policies should provide guidance on acceptable ranges or limits for the respective measure used. These figures trigger a number of valuable considerations about the status of the portfolio for both internal and external purposes including liquidity, cash flow, and average maturity (for example, WAM). WAM is a relatively simple calcula- participants’ cash flows needs and establish clear criteria for the deposit and with- drawal of their funds. Also, the pool administrator or manager should obtain expected deposit/disbursement information from pool participants at the time of major fund deposits or updates of cash flow projections. 15 For further information regarding duration, please see CDIAC’s publications California Public Fund Investment Primer and Duration Basics. 294 Item 11. 40 LOCAL AGENCY INVESTMENT GUIDELINES PAR VALUE SECURITY DESCRIPTION DAYS TO MATURITY BOOK VALUE DAYS BY BOOK VALUE $1,350,000 5,000,000 5,000,000 5,000,000 5,000,000 5,000,000 5,000,000 Repurchase Agreements Local Agency Inv. Fund Fed Natl. Mtg. Assn. Fed Home Loan Bank U.S. Treasury Note Fed Natl. Mtg. Assn. Fed Farm Credit Bank 1 1 185 550 720 822 910 $1,350,000 5,000,000 4,886,108 5,000,000 4,985,156 5,000,000 4,988,941 1,350,000 5,000,000 903,930,041 2,750,000,000 3,589,312,500 4,110,000,000 4,539,936,255 TOTAL $31,210,206 15,899,528,796 FIGURE 3 CALCULATION OF WEIGHTED AVERAGE MATURITY Duration is a more complex computation and requires the proper software to perform the specific calculations for each security and then for the entire portfo- lio. Three types of duration are commonly used. MACAULAY DURATION. The simplest method of calculating duration which measures the number of years required to recover the true cost of a security and is the only type of duration measurement quoted in “years.” MODIFIED DURATION. Builds upon Macaulay duration to measure the price sensitivity of an investment to interest rate changes and assumes the cash flows of an investment do not change as interest rates change. Modified duration is quoted as a percentage of value change as interest rates change. Figure 4 is an example of a basic modified duration application. EFFECTIVE DURATION. Further refines modified duration using an iterative estima- tion process and is typically used with floating rate, asset-backed, and pass-through securities and more generally, with securities that have call option features. Effective duration takes into account embedded options of a security (e.g., call features or sinking fund schedule) and adjusts the price of the investment to reflect changes in the value of those embedded options. Thus, effective duration requires simulations of many possible interest rate scenarios to calculate the duration to call and provides a wider assessment of risk for a portfolio containing more than fixed rate securities. Due to the complexity of calculating effective duration, no example appears below. tion which may be determined by dividing the sum of the days to maturity mul- tiplied by the book value for each security by the total book value of the portfolio. Figure 3 shows an example of how WAM is calculated: WAM = ∑ Days to Maturity Multiplied by Book Value of Each Investment =15,899,528,796 = 509 Days or 1.42 YearsTotal Book Value $31,210,206 295 Item 11. 41CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION PORTFOLIO MODIFIED DURATION 1.2 2.7 5.0 6.0 RATE CHANGE.25% .50% 1.50% 2.00% 5.00% $300,000 600,000 1,800,000 2,400,000 6,000,000 $675,000 1,350,000 4,050,000 5,400,000 13,500,000 $1,250,000 2,500,000 7,500,000 10,000,000 25,000,000 $1,500,000 3,000,000 9,000,000 12,000,000 30,000,000 FIGURE 4 DURATION—GAIN/LOSS OF MARKET VALUE MATRIX FOR A $100,000,000 PORTFOLIO Modified duration measures the approximate change in the market value of assets as a result of a change in market interest rates. Thus, for a portfolio with a market value of $100,000,000 and a duration of 1.2, as interest rates increase by 1.5 percent, the portfolio’s market value would be expected to decrease by $1,800,000. Specifically: $100,000,000 x 1.2 x 0.015 =$1,800,000 portfolio size duration interest rate increase portfolio market value decrease $100,000,000 x 1.2 x 0.02 =$2,400,000 portfolio size duration interest rate increase portfolio market value increase Conversely, for the same portfolio, if interest rates were to decrease by 2 percent, the portfolio’s market value increases by approximately $2,400,000. Specifically: Securities or portfolios with higher duration carry more interest rate risk and have higher price volatility (i.e., sensitivity of the security’s price to changes in market interest rates) than those with lower durations. For example, if the same $100,000,000 portfolio had a duration of 2.7, a 1.5 percent increase in market interest rates will produce a greater change in the portfolio’s market value: For a 2 percent decrease in interest rates: $100,000,000 x 2.7 x 0.015 =$4,050,000 portfolio size duration interest rate increase portfolio market value decrease $100,000,000 x 2.7 x 0.02 =$5,400,000 portfolio size duration interest rate increase portfolio market value decrease 296 Item 11. 42 LOCAL AGENCY INVESTMENT GUIDELINES III. F How should agencies address difficulties in meeting the 30-day requirement for submitting quarterly investment reports to the legislative body? [Section 53646(b)] It can be difficult for an agency to collect all the appropriate information for the report, have an oversight committee (if a jurisdiction has one) review or approve it, and present it to the legislative body within 30 days of the quarter’s end. Vari- ous factors such as the length and diversity of the portfolio, size of staff, and type and availability of computer software can influence the amount of time it takes to compile a report. MINIMUM LEGAL REQUIREMENT: Section 53646(b) requires that if the quarterly investment report is submitted to the legislative body, it may be rendered within 30 days of the end of the quarter. III. E What action should the legislative body take with the report? [Section 53646] Section 53646(b) states that the “treasurer or chief fiscal officer may render a quarterly report to the chief executive officer, internal auditor, and the legisla- tive body” within 30 days of the quarter’s end. Questions arise as to whether the legislative body needs to discuss and approve the report during a regular meeting, have it placed on the consent calendar, or only receive a copy. MINIMUM LEGAL REQUIREMENT Section 53646(b) only states that the report may be rendered to the legislative body. It does not require the legislative body to take action on this report. CONSENSUS RECOMMENDATION If presented to the legislative body of the local agency, it should discuss the report as necessary and take action on the report in public session. The report could be listed as a consent calendar item or as a non-consent calendar item, depending on the preferences of the legislative body. Possible actions of the governing body on the report could include: receiving and filing the report, approving or disapprov- ing the report (with or without amendments), or asking staff for further informa- tion/clarification. In addition, if presented to an investment oversight body, the oversight body should discuss the reports at their own meetings. 297 Item 11. 43CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION CONSENSUS RECOMMENDATION: A report, as complete as possible, should be submitted within the allotted 30 days. If current values for certain investments are not available within the time frame to complete the report in a timely fashion, submit the report on time and indicate in the report the most recent valuation and its date and then submit updated values to the legislative body at the soonest possible date thereafter. It should be available for individual legislative body members to review within 30 days of quarter end. This may include providing a copy to each member, includ- ing it in agenda materials for a public meeting, or actually presenting the report at a public meeting of the legislative body. 298 Item 11. 299 Item 11. 45 Chapter IV. Treasury Oversight Committees Section 27131 and 27132 through 27132.4 consider the formation, compo- sition, and role of a county treasury oversight committee. These code sections provide that the function of the treasury oversight committee is to monitor and review the county investment policy by conducting or causing an annual audit and discussing its findings at a public meeting. The rationale behind the creation of an oversight committee is to give local agencies and private sector citizens a say in the policies governing the investment pool. IV. A What options are available for structuring the county treasury oversight committee? [Sections 27131 and 27132 through 27132.4] The statutes governing the structure of county treasury oversight committees are meant to bring together a representative and knowledgeable committee while limiting conflicts of interest with the treasurer and the treasury functions sub- ject to oversight. However the composition is subject to specific requirements that can make it difficult for local agencies to recruit and staff a committee. Specifically, the statutes prohibit individuals from employment with or securing employment within one year of serving on a county treasury oversight commit- tee with underwriting, bond counsel or broker-dealer firms doing business with the county treasurer. Committee members are also prohibited from making in- dividual political contributions to, or being employed by an entity that makes political contributions to, or from doing any fund raising on behalf of any can- didate for office of the governing board of any agency that deposits funds in the county treasury in the previous three years. MINIMUM REQUIREMENT: Section 27131(a) states that the board of supervisors in any county that invests surplus money may establish a treasury oversight committee. If established, the committee must consist of three to eleven members, the exact number deter- mined by the board of supervisors in consultation with the county treasurer. Members must be appointed from the following categories: 300 Item 11. 46 LOCAL AGENCY INVESTMENT GUIDELINES • Be employed by an entity that has contributed to the campaign of a candidate for the office of local treasurer; • Be employed by an entity that has contributed to the campaign of a candidate for membership on a legislative body of any local agency that has deposited funds in the county treasury in the previous three years or during the period the employed person is a member of the committee; • Directly or indirectly raise money for a candidate for local treasurer or a member of the governing board of any local agency that has deposited funds in the county treasury while a member of the committee; and • Secure employment with, or be employed by, bond underwriters, bond counsel, security brokerages or dealers, or financial services firms, with whom the treasurer is doing business during the period that the person is a member of the committee or for one year after leaving the committee. CONSENSUS RECOMMENDATION: County legislative bodies should decide if an oversight committee is necessary and if they should have private sector individuals from the restricted firm types serve on the committee. If so, the county may choose one of three options to compose the committee (Figure 5). If the committee is composed of public and private sector members (Option 1), the members, for their term of service and one year following, cannot work for firms doing business with the treasurer. As a way to obtain the participation of private sector professions employed by firms doing business with the treasurer, a county may create an advisory board of the county treasury oversight commit- tee (Option 2). However, a county that chooses Option 2 and forms an advi- 1. County treasurer. 2. County auditor, auditor-con- troller, or finance director as the case may be. 3. A representative appointed by the board of supervisors. 4. A representative selected by a majority of the presiding officers of the governing bodies of the school districts and community college districts in the county. 5. County superintendent of schools or his/her designee. 6. A representative selected by a majority of the presiding of- ficers of the legislative bodies of the special districts that are re- quired or authorized to deposit funds in the county treasury. A majority of the public members of the committee shall have expertise in or an academic background in public finance. The other public members shall be economically diverse and bipartisan in political registration. Committee members cannot: 301 Item 11. 47CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION VARIOUS OPTIONS AVAILABLE TO LOCAL GOVERNMENTS 1. A committee of both public and private sector members. 2. A committee of public sector officials that has an advisory board made up of private sector professionals and citizens. 3. A committee that only consists of individuals who work for agencies that have funds invested in the pool. FIGURE 5 APPROACHES TO ESTABLISHING THE COUNTY TREASURY OVERSIGHT COMMITTEE IV. B Does the appointment of the treasurer to the county treasury oversight committee create a conflict of interest? [Sections 27131 and 27132] Since the oversight committee’s central task is to oversee the treasurer’s policies, some believe that allowing the treasurer to sit on the oversight committee rep- resents a conflict of interest. Others claim that a treasurer who donates money to his/her own campaign cannot be on the county treasury oversight commit- tee because the law bars those who contribute to the campaign of someone running for treasurer while serving on the committee from participation. MINIMUM LEGAL REQUIREMENT: None. Sections 27131 and 27132 do not specify whether or not the county treasurer should be a member of the oversight committee. Section 27132 spe- cifically lists the county treasurer as a potential member of the county treasury oversight committee. CONSENSUS RECOMMENDATION: The question of whether or not a county treasurer should sit on the treasury oversight committee must be made by the county board of supervisors and the treasurer. Their answer should consider the advantages and disadvantages of having someone with the treasurer’s influence and expertise sit on the commit- tee and the future employment implications to the treasurer since any person who serves on a county treasury oversight committee is prohibited from seeking sory board whose membership criteria is less stringent than the criteria used to compose an oversight committee is advised to consult legal counsel. Finally, the county may establish an oversight committee composed exclusively of individu- als unaffiliated with private sector firms doing business with the treasurer. The easiest way to do so is to draw members of the committee from the public agen- cies investing funds with the county treasurer (Option 3). 302 Item 11. 48 LOCAL AGENCY INVESTMENT GUIDELINES IV. C What is the role of the county treasury oversight committee? [Sections 27134 and 27137] MINIMUM LEGAL REQUIREMENT: Sections 27134 and 27137 limit the oversight committee’s functions to monitor- ing and reviewing the county treasury’s compliance with the investment policy and reporting provisions of the Government Code through an annual audit. CONSENSUS RECOMMENDATION: The statutes address concerns that individuals serving on the treasury oversight committees may try to micro-manage decisions that should be left to the treasurer. Considerations by the committee regarding the risk and structure of a portfolio are permitted in the law, however, any attempts to direct individual investment decisions, select individual investment advisors, brokers, or dealers, or impinge on the day-to-day operations of the county treasurer are discouraged. The local agency should clearly stipulate that the responsibilities of the treasury oversight committee are to focus on investment policy issues and to audit the portfolio for compliance with the policy. employment with the financial services industry for one year after leaving the committee. It should not in any way hinge on whether a treasurer donated mon- ey to his or her own campaign. Contributing money to one’s own campaign does not represent a legitimate conflict of interest in the context of the treasury oversight committee. Specifying that the treasurer does not serve as the chair of the oversight commit- tee is one approach to lessening the “conflict of interest” concern. IV. D Should other local agencies have treasury oversight committees? It is not uncommon to find treasury oversight committees in cities and other local agencies even though the law does not require them to have such a committee. An important issue in the decision to establish a committee is the level of discretion accorded the agency treasurer in making investment decisions: the more discretion, the greater the need for oversight procedures. However, even in situations where an agency has a great deal of discretion, some believe an oversight committee merely duplicates work that can be better performed by the governing board or auditors. Others support the view that an oversight committee provides valuable information to the investment staff and involves 303 Item 11. 49CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION members of the community in an important government function. If other local agencies decide that they want to engage an oversight committee, its role with respect to reviewing investment policies and quarterly investment reports should be clearly specified. MINIMUM LEGAL REQUIREMENT: There are no legal requirements for local agencies to have oversight committees. CONSENSUS RECOMMENDATION: Local agencies that are not counties should consider if an oversight commit- tee is appropriate based on its current oversight procedures, complexity of its portfolio, frequency with which it purchases securities, and skill level of its staff. The limitations and restrictions associated with membership on a county treasury oversight committee do not apply to committees formed by other lo- cal government entities. 304 Item 11. 305 Item 11. 51 CODE SECTION TITLE DESCRIPTION ACQUISITION OF BONDS 5925 Repurchase investment LOCAL AGENCY INVESTMENT FUND 16340 Voluntary Investment Program Fund 16429.1 Creation, maintenance, and operation 16429.2 Local investment advisory board 16429.3 Deposits; prohibited transfers and loans; impoundment or seizure 16429.4 Right of withdrawal COUNTY TREASURER - DUTIES GENERALLY 27000 Custody and payment of moneys 27000.1 Investment of county funds; delegation and revocation of authority by board of supervisors; responsibility for transactions 27000.3 Prudent investor standard; use in transactions with public funds 27000.5 Objectives; managing public funds 27000.6 Effective date of specified provisions; candidate eligibility and continuing education programs; county ordinances; authority to repeal ordinances 27000.7 Eligibility for offices of county treasurer and tax collector; criteria; application of section 27000.8 County treasurers and tax collectors serving on January 1, 1996; service for remaining term; continuing education; certification; violation 27000.9 Continuing education; requirements beginning in 2000; certification; violation 27001 Certificates of auditor; filing; preservation 27002 Accounts of receipts and expenditures; requisites 27002.1 Photographic records of receipts and expenditures 27003 Separate accounts; general account California Government Code 306 Item 11. 52 LOCAL AGENCY INVESTMENT GUIDELINES 27005 Disbursements on warrants; checks or electronic funds transfers; exception 27006 Disbursements on warrants based on orders; payment of warrants 27007 Possession of money; special deposits 27008 Certificates of auditor necessary for receipt of money 27009 Receipt for deposit of moneys into county treasury 27010 Receipt of gifts and bequests 27011 Deposit of private money prohibited; penalty 27012 Conferences between controller and treasurers regarding administration of applicable law; expenses 27013 Administrative cost of investing, depositing or handling funds; reimbursement of county COUNTY TREASURY OVERSIGHT COMMITTEES 27130 Legislative findings and declarations 27131 Establishment; determinations of size and membership 27132 Membership; pool of candidates 27132.1 Member employment by campaign contributors 27132.2 Member fundraising 27132.3 Member employment in financial services industry 27132.4 Open meetings; Ralph M. Brown Act 27133 Periodic investment policy; preparation by treasurer; committee review and oversight 27134 Periodic audits by committee; article compliance 27135 Costs of compliance; reimbursement 27136 Withdrawal of funds from county treasury pool; requests; evaluation; approval criteria 27137 Day-to-day operations and decisions; committee involvement INVESTMENT OF SURPLUS 53600 Local agency 53600.3 Prudent investor standard; investments on behalf of local agencies 53600.5 Objectives; managing public funds 53600.6 Legislative findings and declarations; solvency and creditworthiness 53601 Local agencies; authorized investments 53601.1 Investment in financial futures or financial option contracts 53601.2 Limited liability corporation 53601.5 Investments; qualified purchase agent 53601.6 Prohibited investments 53601.8 Investment in placement service assisted deposits, including certificates of deposit 307 Item 11. 53CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION 53602 Investment in legal investments for savings banks; securities of public districts 53603 Direct purchase of securities 53604 Sale or exchange of securities; reinvestment of proceeds 53605 Sale of securities; application of proceeds to original purposes 53606 Cancellation of bonds issued by purchaser; resale 53607 Delegation of duties to treasurer; monthly report 53608 Deposit of securities; receipt; delegation of authority 53609 Eligible securities for investment of funds held by local agency pursuant to deferred compensation plans 53610 Proposition 1A receivables; purchase by local agency 57603 Investments in public bank obligations HEALTH FUND INVESTMENTS 53620 Investment funds designated for employee retiree health benefits' payments 53621 Delegation of the governing body's investment authority to designated officers 53622 Funds to pay employee retiree health benefits; discharge of duties of the governing body or designated officer DEPOSIT OF FUNDS 16340 The Voluntary Investment Program Fund 53630 Definitions 53630.1 Legislative findings and declarations; solvency and creditworthiness 53630.5 Additional definitions 53631 Deposits to pay principal, interest or warrants of bonds; electronic funds disbursement 53632 Classes of deposits 53632.5 Classes of security for deposits 53633 Determination of amounts to be deposited in each class 53634 Transfers from inactive to active deposits 53635 Local agency investments; commercial paper; concentration limits 53635.2 Deposit of money belonging to or in custody of local agency 53635.7 Agency consideration when borrowing funds in excess of $100,000 53635.8 Investment in placement service assisted deposits, including certificates of deposit 53636 Deposited money as in treasury of local agency 53637 Selection of depositary; interest 53638 Maximum deposits 53639 Expense of transporting money 308 Item 11. 54 LOCAL AGENCY INVESTMENT GUIDELINES 53640 Checks, drafts, and other exchange 53641 Receipt or other evidence of deposit 53642 Withdrawals; check or order 53643 Deposit by treasurer 53644 Withdrawals on demand; penalties; notice 53645 Interest; computation; payment 53646 Investment policy statement; review and approval; legislative body or oversight committee; reports 53647 Interest; payment into fund 53647.5 Interest on bail money on deposit 53648 Deposits and contracts pursuant to federal law or rule 53648.5 Termination of agreement with depository 53649 Contracts with depositories; contents; filing 53651 Eligible securities to be used as security for deposits 53651.2 Eligible security; promissory note 53651.4 Report of independent certified public accountant; depository using eligible securities; state bank; national bank; fee 53651.6 Letter of credit; terms 53652 Value required to secure active or inactive deposits; market value 53653 Waiver of security on federally insured deposits; interest 53654 Addition or substitution of securities; withdrawal or release of securities 53655 Perfection of security interest in favor of local agencies 53656 Authorization for holding of security by agent of depository; agents of depository; securities subject to order of depository; exception; release of security; conditions 53657 Authorization to act as agent of depository; application; form; fee; approval or denial 53658 Maintenance of separate pool for each depository; security interest of local agency 53659 Placement of securities with Federal Reserve or other approved bank; authority by contract 53660 Certification and report by agent of depository 53661 Administrator 53663 Determination of amounts to be deposited as inactive and active deposits 53664 Individual reports; privileged status 53665 Default by depository; payment by agent of depository; excess funds; drawing on letter of credit 53666 Liability of administrator 53667 Expenses of administrator; levy of assessment on depositories; payments; penalty 53669 Responsibility for money on deposit 309 Item 11. 55CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION 53676 Treasurer’s responsibility for securities 53678 Charges for handling and safekeeping of securities 53679 Money under control or coming into possession of officers and employees other than treasurer 53679.1 Accounting practices; declaration of existing law 53680 Money under control of tax collectors 53681 Deposit in other than prescribed manner; forfeiture of office 53682 Contracts for services by depository; requirements 53683 Consideration as costs applied pro rata against earned interest 53684 Local agencies; excess funds; investment by county treasurer 53686 Local agency fund audit reports 57600 Public bank deposits TEMPORARY BORROWING 53821.5 Tax and Revenue Anticipation Notes 53840 County Short-term Loans 53841 Limitations on short-term borrowing 53841.5 Tax and Revenue Anticipation Notes 53850 Local agency definition 53851 Local agency borrowing power 53852 Use of proceeds 53852.5 Tax and Revenue Anticipation Notes 53859 Definitions 53859.01 Local agency borrowing power 53859.02 Grant Anticipation Notes 310 Item 11. 56 LOCAL AGENCY INVESTMENT GUIDELINES Government Code Section 5925 5925 The purchase or other acquisition of bonds by or on behalf of the state or local government that issued the bonds does not cancel, extinguish, or otherwise affect the bonds and the bonds shall be treated as outstanding bonds for all purposes except to the extent otherwise determined by the issuer or otherwise provided in the constituent instruments defining the rights of the holders of the bonds. Government Code Section 16340 16340 (a) (1) The Voluntary Investment Program Fund is hereby created within the State Treasury, for the receipt of voluntary deposits from local entities. (2) For purposes of this section, a “local entity” includes, but is not limited to, any city, county, school district, or special district. (b) Each local entity that is approved by its governance body to deposit moneys in the fund shall deposit no less than a total of two hundred million dollars ($200,000,000). The total amount of moneys that may be deposited in the fund from all eligible sources shall not exceed, at any point in time, a total of ten bil- lion dollars ($10,000,000,000), or lesser amount as determined by the Director of Finance, in consultation with the Treasurer. (c) The terms and conditions of deposits made into the fund shall be set by the Director of Finance, in consultation with the Treasurer. Those terms shall in- clude, but not be limited to, the size of the deposit from a particular local entity, the length of time those moneys shall be held in deposit in the fund, the avail- ability of funds for withdrawal by the local entity depositing the funds, and the annual rate of interest paid on deposits, as described in subdivision (e). However, the director and the Treasurer may only permit deposits that do not exceed funds needed to address an actual or anticipated cash shortfall in the General Fund not exceeding the amounts of existing appropriations, including continuing and continuous appropriations, to which resulting proceeds are to be applied. (d) Moneys held in the Fund shall be invested by the Treasurer in investments authorized pursuant to Sections 16430 and 16480 through the Pooled Money Investment Account, and whenever the Controller determines that moneys in the General Fund, after allowing for internal borrowing from other funds are, or are expected to be, insufficient for the payment of all appropriations made by the Legislature which are to be paid out of the moneys in the General Fund, the State Controller may, based upon his or her estimate of the probable income to the General Fund during the then fiscal year and the probable dates of receipt thereof, may draw a demand or demands against appropriations made from the General Fund to be paid in the then current fiscal year prior to the receipt of the income, and deliver the demand or demands to the Treasurer. The Treasurer 311 Item 11. 57CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION shall register the demand or demands for nonpayment and may borrow moneys from the fund in an amount or amounts that is no greater than the demand or demands provided. The borrowing, together with the interest owed upon the account thereon, shall be paid exclusively from moneys in the General Fund on probable or reasonably anticipated revenues that are expected to be forthcoming within a short period of time, but not excepting recourse to internal borrowing from other funds in the event insufficient moneys are available from the General Fund. Repayment of any of those borrowings shall be considered a priority pay- ment, equivalent to any other loan repayment made from the General Fund to another state fund. (e) Notwithstanding any other law, the rate of interest to be earned by the depositors shall be the base apportionment rate based on their pro rata share of the earnings of the Pooled Money Investment Account on a quarterly basis at the end of each quarter plus an enhanced amount. The pro rata share shall be determined by a dollar day participation. The base apportionment rate ap- plied to dollar day participation in the fund shall be the quarter-to-date average yield of the Pooled Money Investment Account for the current quarter. The enhancement amount paid to depositors in the fund shall be determined by the Director of Finance, in consultation with the Treasurer, and shall be added to the base rate earned by the Pooled Money Investment Account at the time the apportionment is made. The total interest cost described in this subdivi- sion shall not exceed that provided for in paragraph (1) of subdivision (d) of Section 16731. (f) Notwithstanding Section 13340, moneys in the fund are hereby continu- ously appropriated for payment of interest expenditures to depositors calcu- lated in accordance with subdivision (e), other related expenses as determined by the Department of Finance, and return of deposits to depositors according to terms and conditions set by the Director of Finance, in consultation with the Treasurer. The amounts paid for interest and other related expenses shall be attributable to the fiscal year in which the borrowing occurred which is also the fiscal year upon which the appropriations against which the demand or demands were made. (g) The Department of Finance shall determine the budget items to be used for the recording and reporting of interest expenditures and other related expenses pursuant to this section. (h) Deposits in the fund shall be tracked separately for each participant in the state’s accounting system, and shall be deemed to be assets of each participant. These as- sets shall be reflected as such on each participant’s individual financial statements. (i) These deposits are, and may only be used, to cover short-term cash needs of the state and are, and shall be, in compliance with the provisions of Proposition 58 of March 2004 as stated in subdivision (c), Section 1.3 of Article XVI of the California Constitution. Deposits and borrowing from the fund shall comply with the state’s debt limit restrictions. (j) Actions by the Director of Finance, in consultation with the Treasurer, in implementing and administering the investment program provided for in this 312 Item 11. 58 LOCAL AGENCY INVESTMENT GUIDELINES section and the Treasurer’s and Controller’s actions in borrowing from the fund shall be exempt from the provisions of the Administrative Procedure Act (Chap- ter 3.5 (commencing with Section 11340) of Part 1 of Division 3). (k) Upon projection of insufficient cash in the General Fund, the Director of Finance, in consultation with the Treasurer and Controller, may utilize provisions similar to Section 16381 to facilitate the implementation of the program. Government Code Section 16429.1-16429.4 16429.1 (a) There is in trust in the custody of the Treasurer the Local Agency Investment Fund, which fund is hereby created. The Controller shall maintain a separate ac- count for each governmental unit having deposits in this fund. (b) Notwithstanding any other provisions of law, a local governmental official, with the consent of the governing body of that agency, having money in its trea- sury not required for immediate needs, may remit the money to the Treasurer for deposit in the Local Agency Investment Fund for the purpose of investment. (c) Notwithstanding any other provisions of law, an officer of any nonprofit cor- poration whose membership is confined to public agencies or public officials, or an officer of a qualified quasi-governmental agency, with the consent of the governing body of that agency, having money in its treasury not required for immediate needs, may remit the money to the Treasurer for deposit in the Local Agency Investment Fund for the purpose of investment. (d) Notwithstanding any other provision of law or of this section, a local agency, with the approval of its governing body, may deposit in the Local Agency Invest- ment Fund proceeds of the issuance of bonds, notes, certificates of participa- tion, or other evidences of indebtedness of the agency pending expenditure of the proceeds for the authorized purpose of their issuance. In connection with these deposits of proceeds, the Local Agency Investment Fund is authorized to receive and disburse moneys, and to provide information, directly with or to an authorized officer of a trustee or fiscal agent engaged by the local agency, the Lo- cal Agency Investment Fund is authorized to hold investments in the name and for the account of that trustee or fiscal agent, and the Controller shall maintain a separate account for each deposit of proceeds. (e) The local governmental unit, the nonprofit corporation, or the quasi-govern- mental agency has the exclusive determination of the length of time its money will be on deposit with the Treasurer. (f) The trustee or fiscal agent of the local governmental unit has the exclusive determination of the length of time proceeds from the issuance of bonds will be on deposit with the Treasurer. (g) The Local Investment Advisory Board shall determine those quasi-governmen- tal agencies which qualify to participate in the Local Agency Investment Fund. 313 Item 11. 59CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (h) The Treasurer may refuse to accept deposits into the fund if, in the judgment of the Treasurer, the deposit would adversely affect the state’s portfolio. (i) The Treasurer may invest the money of the fund in securities prescribed in Section 16430. The Treasurer may elect to have the money of the fund invested through the Surplus Money Investment Fund as provided in Article 4 (com- mencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2. (j) Money in the fund shall be invested to achieve the objective of the fund which is to realize the maximum return consistent with safe and prudent treasury management. (k) All instruments of title of all investments of the fund shall remain in the Treasurer’s vault or be held in safekeeping under control of the Treasurer in any federal reserve bank, or any branch thereof, or the Federal Home Loan Bank of San Francisco, with any trust company, or the trust department of any state or national bank. (l) Immediately at the conclusion of each calendar quarter, all interest earned and other increment derived from investments shall be distributed by the Controller to the contributing governmental units or trustees or fiscal agents, nonprofit corpora- tions, and quasi-governmental agencies in amounts directly proportionate to the respective amounts deposited in the Local Agency Investment Fund and the length of time the amounts remained therein. An amount equal to the reasonable costs incurred in carrying out the provisions of this section, not to exceed a maximum of 5 percent of the earnings of this fund and not to exceed the amount appropriated in the annual Budget Act for this function, shall be deducted from the earnings prior to distribution. The amount of this deduction shall be credited as reimbursements to the state agencies, including the Treasurer, the Controller, and the Department of Finance, having incurred costs in carrying out the provisions of this section. (m) The Treasurer shall prepare for distribution a monthly report of investments made during the preceding month. (n) As used in this section, “local agency,” “local governmental unit,” and “local governmental official” includes a campus or other unit and an official, respec- tively, of the California State University who deposits moneys in funds described in Sections 89721, 89722, and 89725 of the Education Code. 16429.2 There is created the Local Investment Advisory Board consisting of five members. The chairman shall be the State Treasurer or his or her designated representa- tive. Two members who are qualified by training and experience in the field of investment or finance, shall be appointed by the State Treasurer. Two members who are treasurers, finance or fiscal officers or business managers, employed by any county, city or local district or municipal corporation of this state, shall be appointed by the Treasurer. The term of office of each appointed member of the board is two years, but each appointed member serves at the pleasure of the appointing authority. A vacancy 314 Item 11. 60 LOCAL AGENCY INVESTMENT GUIDELINES in the appointed membership, occurring other than by expiration of term, shall be filled in the same manner as the original appointment, but for the unexpired term only. Members of the board who are not state officers or employees shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day’s attendance at a meeting of the board, not to exceed three hundred dollars ($300) in any month. All members shall be entitled to reimbursement for expenses incurred in the performance of their duties under this part, including travel and other necessary expenses. The board’s primary purpose shall be to advise and assist the State Treasurer in formulating the investment and reinvestment of moneys in the Local Agency Investment Fund, and the acquisition, retention, management, and disposition of investments of the fund. The board, from time to time, shall review those policies and advise therein as it considers necessary or desirable. The board shall advise the State Treasurer in the management of the fund and consult the State Treasurer on any matter relating to the investment and reinvestment of moneys in the fund. 16429.3 Moneys placed with the Treasurer for deposit in the Local Agency Investment Fund by cities, counties, special districts, nonprofit corporations, or qualified quasi-governmental agencies shall not be subject to either of the following: (a) Transfer or loan pursuant to Sections 16310, 16312, or 16313. (b) Impoundment or seizure by any state official or state agency. 16429.4 The right of a city, county, city and county, special district, nonprofit corpora- tion, or qualified quasi-governmental agency to withdraw its deposited moneys from the Local Agency Investment Fund, upon demand, may not be altered, impaired, or denied, in any way, by any state official or state agency based upon the state’s failure to adopt a State Budget by July 1 of each new fiscal year. Government Code Section 27000-27013 27000 The county treasurer shall receive and keep safely all money belonging to the county and all other money directed by law to be paid to him and apply and pay it out, rendering the account as required by law. 27000.1 Subject to Section 53607, the board of supervisors may, by ordinance, delegate to the county treasurer the authority to invest or reinvest the funds of the county 315 Item 11. 61CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION and the funds of other depositors in the county treasury, pursuant to Chapter 4 (commencing with Section 53600) of Part 1 of Division 2 of title 5. The county treasurer shall thereafter assume full responsibility for those transactions until the board of supervisors either revokes its delegation of authority, by ordinance, or decides not to renew the annual delegation, as provided in Section 53607. Noth- ing in this section shall limit the county treasurer’s authority pursuant to Section 53635 or 53684. 27000.3 (a) With regard to county funds deposited in the county treasury, the board of su- pervisors is the agent of the county who serves as a fiduciary and is subject to the prudent investor standard, unless a delegation has occurred pursuant to Section 53607 in which case the county treasurer shall be the agent of the county with respect to these funds, serve as a fiduciary, and be subject to the prudent investor standard and the board of supervisors shall not be the agent, serve as a fiduciary, or be subject to the prudent investor standard. (b) With regard to funds deposited in the county treasury that are deposited by local agencies other than the county and at the discretion of those local agencies, the county treasurer serves as a fiduciary subject to the prudent investor standard. (c) When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, the county treasurer or the board of supervisors, as applica- ble, shall act with care, skill, prudence, and diligence under the circumstances then prevailing, specifically including, but not limited to, the general economic condi- tions and the anticipated needs of the county and other depositors, 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 county and the other depositors. Within the limitations of this section and considering individual investments as part of an overall investment strategy, investments may be acquired as authorized by law. Nothing in this chapter is intended to grant investment authority to any person or governing body except as provided in Sections 53601, 53607, and 53635. 27000.5 When investing, reinvesting, purchasing, acquiring, exchanging, selling, or man- aging public funds, the primary objective of the county treasurer or the board of supervisors, as the case may be, shall be to safeguard the principal of the funds under the treasurer’s or the board’s control. The secondary objective shall be to meet the liquidity needs of the depositor. The third objective shall be to achieve a return on the funds under his or her control. 27000.6 The provisions of Sections 27000.7, 27000.8, and 27000.9 shall become effec- tive only in those counties in which, prior to the first date of the period for filing declarations of candidacy for the office of county treasurer, county tax collector, or county treasurer-tax collector, the board of supervisors by majority vote at 316 Item 11. 62 LOCAL AGENCY INVESTMENT GUIDELINES a regular meeting with all members present, enact an ordinance adopting the provisions of those sections. That ordinance may be repealed by the board of supervisors at any time. 27000.7 (a) No person shall be eligible for election or appointment to the office of county treasurer, county tax collector, or county treasurer-tax collector of any county unless that person meets at least one of the following criteria: (1) The person has served in a senior financial management position in a county, city, or other public agency dealing with similar financial responsibilities for a continuous period of not less than three years, including, but not limited to, treasurer, tax collector, auditor, auditor-controller, or the chief deputy or an as- sistant in those offices. (2) The person possesses a valid baccalaureate, masters, or doctoral degree from an accredited college or university in any of the following major fields of study: business administration, public administration, economics, finance, accounting, or a related field, with a minimum of 16 college semester units, or their equiva- lent, in accounting, auditing, or finance. (3) The person possesses a valid certificate issued by the California Board of Ac- countancy pursuant to Chapter 1 (commencing with Section 5000) of Division 3 of the Business and Professions Code, showing that person to be, and a permit authorizing that person to practice as, a certified public accountant. (4) The person possesses a valid charter issued by the Institute of Chartered Financial Analysts showing the person to be designated a Chartered Financial Analyst, with a minimum of 16 college semester units, or their equivalent, in accounting, auditing, or finance. (5) The person possesses a valid certificate issued by the Treasury Management Association showing the person to be designated a Certified Cash Manager, with a minimum of 16 college semester units, or their equivalent, in accounting, au- diting, or finance. (b) This section shall only apply to any person duly elected or appointed as a county treasurer, county tax collector, or county treasurer-tax collector on or after January 1, 1998. 27000.8 Any duly elected county treasurer, county tax collector, or county treasurer-tax collector serving in that office on January 1, 1996, may serve for his or her re- maining term of office during which period of time the requirements of this sec- tion shall not apply. After the election of a county treasurer, county tax collector, or county treasurer-tax collector to office, that person shall complete a valid con- tinuing course of study as prescribed in this section, and shall during the person’s four-year term of office on or before June 30 of the fourth year, render to the Controller a certification indicating that the person has successfully completed 317 Item 11. 63CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION a continuing education program consisting of, at a minimum, 48 hours, or an equivalent amount of continuing education units within the discipline of treasury management, tax collection, public finance, public administration, governmental accounting, or directly related subjects, offered by a recognized state or national association, institute, or accredited college or university, or the California Debt and Investment Advisory Commission, that provides the requisite educational programs prescribed in this section. The willful or negligent failure of any elected county treasurer, county tax collector, or county treasurer-tax collector to comply with the requirements of this section shall be deemed a violation of this section. 27000.9 Notwithstanding any other requirement of law, any duly appointed county of- ficer serving in the capacity of county treasurer, county tax collector, or county treasurer-tax collector shall, beginning in 2000, complete a valid continuing course of study as prescribed in this section, and shall, on or before June 30 of each two-year period, render to the Controller, a certification indicating that the county officer has successfully completed a continuing education program con- sisting of, at a minimum, 24 hours or an equivalent amount of continuing edu- cation units within the discipline of treasury management, tax collection, public finance, public administration, governmental accounting, or directly related sub- jects, offered by a recognized state or national association, institute, or accredited college or university, or the California Debt and Investment Advisory Commis- sion, that provides the requisite educational programs prescribed in this section. The willful or negligent failure of any county officer serving in the capacity of county treasurer, county tax collector, or county treasurer-tax collector to comply with the requirements of this section shall be deemed a violation of this section. 27001 The treasurer shall file and keep the certificates of the auditor delivered to him or her when money is paid into the treasury. Notwithstanding Sections 26201, 26202, and 26205, the treasurer may destroy any certificate pursuant to this section under either of the following circumstances: (a) The certificate has been filed for more than five years. (b) The certificate has been filed for more than one year, and all of the following conditions are complied with: (1) The record, paper, or document is photographed, microphotographed, repro- duced by electronically recorded video images on magnetic surfaces, or recorded on optical disk or reproduced on any other medium that does not permit additions, deletions, or changes to the original document and is produced in compliance with Section 12168.7 for recording of permanent records or nonpermanent records if the copy is kept or maintained for five years from the date of the document. (2) The device used to reproduce the record, paper, or document on film or any other medium is one that accurately reproduces the original thereof in all details. A duplicate copy of any record reproduced in compliance with Section 12168.7 318 Item 11. 64 LOCAL AGENCY INVESTMENT GUIDELINES for recording of permanent or nonpermanent records, whichever applies, shall be deemed an original. (3) The photographs, microphotographs, or other reproductions on film or any other medium are placed in conveniently accessible files and provision is made for preserving, examining, and using the same. (4) The record, paper, or document is reproduced and preserved utilizing other information technology. 27002 The treasurer shall keep an account of the receipt and expenditure of all money received or paid out by him or her in books provided for the purpose. He or she shall enter in the books the amount, the time, from whom, and on what account all money was received by him or her, and the warrant number, the amount, time, and on what account all disbursements were made by him or her. 27002.1 (a) The treasurer may, in lieu of entering in books an account of the receipt and expenditure of all money received or paid out by him or her as provided in Section 27002, photograph, microphotograph, photocopy, or enter into an electronic data-processing system that utilizes optical transmission and filing, all receipts for money received by him or her and all warrants paid out by him or her. (b) Every reproduction described in subdivision (a) shall be deemed and con- sidered an original, and a transcript, exemplification, or certified copy of any of those reproductions shall be deemed and considered a transcript, exemplifica- tion, or certified copy, as the case may be, of the original. (c) All reproductions described in subdivision (a) shall be properly indexed and placed in convenient, accessible files. Each roll of microfilm shall be deemed and constitute a book, and shall be designated and numbered, and provision shall be made for preserving, examining, and using it. A duplicate of each roll of micro- film shall be made and kept in a safe and separate place. 27003 The treasurer shall keep his or her books or any other authorized form of record so that the amounts received and paid out on account of separate funds or spe- cific appropriations are exhibited in separate and distinct accounts, and the whole receipts and expenditures shown in one general or cash account. 27005 The treasurer shall disburse the county money and all other money placed in his or her custody by official authority only on county warrants, checks, or electronic fund transfers issued by the county auditor, except for the making of legal investments. 319 Item 11. 65CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION 27006 The treasurer shall disburse the money in the treasury on county warrants only when they are based on orders of the board of supervisors, upon order of the su- perior court, or as otherwise provided by law. In the payment of the warrants he may issue his order, check, or draft drawn upon proper funds that are on deposit in any bank. 27007 The treasurer shall keep all money belonging to the State, or any county of the State in his own possession until disbursed according to law. He shall not place the money in the possession of any person to be used for any purpose, nor shall he loan or in any manner use, or permit any person to use it, except as provided by law. This section does not prohibit him from making special deposits for the safe-keeping of public money, but he is liable therefore on his official bond. 27008 (a) The treasurer shall not receive money into the treasury or for deposit with him or her as treasurer, unless it is accompanied by the certificate of the auditor. (b) Notwithstanding subdivision (a), the auditor and treasurer may establish al- ternate control procedures for the treasurer to receive or deposit money without the certificate of the auditor. 27009 The treasurer shall give a receipt to each person who deposits money into the county treasury. 27010 The treasurer may receive any money constituting gift, bequest, or devise, and pay it out in accordance with the terms thereof, or, if none are fixed, according to law. 27011 Any county officer who knowingly accepts or allows any deposit in the county treasury of money from any private and unofficial source is guilty of a misde- meanor, punishable by imprisonment in the county jail for not less than six months nor more than one year, or by a fine of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000), or by both that fine and imprisonment, and shall forfeit his or her office. 27012 The Controller may summon county treasurers or the authorized representa- tive of any county treasurer to meet with the Controller or his or her duly 320 Item 11. 66 LOCAL AGENCY INVESTMENT GUIDELINES authorized representatives, in those groups and at that place or those places within the state as may be designated by the Controller for the purpose of dis- cussing the interpretation, procedures, uniformity of operation, and efficient administration of the Revenue and Taxation Code and the Government Code. The actual and necessary expenses of any county officer or his or her autho- rized representative that are incurred while traveling to and from or while attending any meeting called pursuant to this section by the Controller shall be a charge against the county, to be paid in the same manner as other county charges are paid, provided that prior approval of the board of supervisors has been obtained. 27013 Notwithstanding any other provision of law, any treasurer, or other authorized county officer, who invests, deposits or otherwise handles funds for public agen- cies for the purpose of earning interest or other income on such funds as permit- ted by law, may deduct from such interest or income, before distribution thereof, the actual administrative cost of such investing, depositing or handling of funds and of distribution of such interest or income. Such cost reimbursement shall be paid into the county general fund. Government Code Section 27130-27137 27130 The Legislature finds and declares that local agencies, including school dis- tricts, should participate in reviewing the policies that guide the investment of those funds. The Legislature further finds and declares that by pooling de- posits from local agencies and other participants, county treasuries operate in the public interest when they consolidate banking and investment activities, reduce duplication, achieve economies of scale, and carry out coherent and consolidated investment strategies. The Legislature further finds and declares that the creation of county treasury oversight committees will promote the public interest by involving depositors in the management of their funds and by enhancing the security and investment return on their funds by providing a more stable and predictable balance for investment by establishing criteria for the withdrawal of funds. 27131 (a) The board of supervisors in each county or city and county may, if the county or city and county is investing surplus funds, establish a county treasury oversight committee. The board of supervisors, in consultation with the county treasurer, shall determine the exact size of the committee, which shall consist of from 3 to 11 members, and the categories from which the members shall be represented, as specified in subdivisions (a) to (g), inclusive, of Section 27132. Members shall be nominated by the treasurer and confirmed by the board of supervisors. 321 Item 11. 67CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (b) In recognition of the state and local interests served by the action made op- tional in subdivision (a), the Legislature encourages local agencies to continue taking the action formerly mandated by this section. However, nothing in this subdivision may be construed to impose any liability on a local agency that does not continue to take the formerly mandated action. 27132 The county treasury oversight committee, pursuant to Section 27131, shall con- sist of members appointed from the following: (a) The county treasurer. (b) The county auditor, auditor-controller, or finance director, as the case may be. (c) A representative appointed by the county board of supervisors. (d) The county superintendent of schools or his or her designee. (e) A representative selected by a majority of the presiding officers of the govern- ing bodies of the school districts and community college districts in the county. (f) A representative selected by a majority of the presiding officers of the legisla- tive bodies of the special districts in the county that are required or authorized to deposit funds in the county treasury. (g) Up to five other members of the public. (1) A majority of the other public members shall have expertise in, or an aca- demic background in, public finance. (2) The other public members shall be economically diverse and bipartisan in political registration. 27132.1 A member may not be employed by an entity that has (a) contributed to the campaign of a candidate for the office of local treasurer, or (b) contributed to the campaign of a candidate to be a member of a legislative body of any local agency that has deposited funds in the county treasury, in the previous three years or during the period that the employee is a member of the committee. 27132.2 A member may not directly or indirectly raise money for a candidate for local treasurer or a member of the governing board of any local agency that has depos- ited funds in the county treasury while a member of the committee. 27132.3 A member may not secure employment with, or be employed by, bond under- writers, bond counsel, security brokerages or dealers, or financial services firms, 322 Item 11. 68 LOCAL AGENCY INVESTMENT GUIDELINES with whom the treasurer is doing business during the period that the person is a member of the committee or for one year after leaving the committee. 27132.4 Committee meetings shall be open to the public and subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5). 27133 In any county that establishes a county treasury oversight committee pursuant to this article, the county treasurer shall annually prepare an investment policy that will be reviewed and monitored by the county treasury oversight committee. The investment policy shall include all of the following: (a) A list of securities or other instruments in which the county treasury may invest, according to law, including the maximum allowable percentage by type of security. (b) The maximum term of any security purchased by the county treasury. (c) The criteria for selecting security brokers and dealers from, to, or through whom the county treasury may purchase or sell securities or other instruments. The criteria shall prohibit the selection of any broker, brokerage, dealer, or secu- rities firm that has, within any consecutive 48-month period following January 1, 1996, made a political contribution in an amount exceeding the limitations contained in Rule G-37 of the Municipal Securities Rulemaking Board, to the local treasurer, any member of the governing board of the local agency, or any candidate for those offices. (d) Limits on the receipt of honoraria, gifts, and gratuities from advisors, brokers, dealers, bankers, or other persons with whom the county treasury conducts busi- ness by any member of the county treasury oversight committee. These limits may be in addition to the limits set by a committee member’s own agency, by state law, or by the Fair Political Practices Commission. (e) A requirement that the county treasurer provide the county treasury oversight committee with an investment report as required by the board of supervisors. (f) The manner of calculating and apportioning the costs, authorized by Section 27013, of investing, depositing, banking, auditing, reporting, or otherwise han- dling or managing funds. (g) The terms and conditions under which local agencies and other entities that are not required to deposit their funds in the county treasury may deposit funds for investment purposes. (h) Criteria for considering requests to withdraw funds from the county treasury, pursuant to Section 27136. The criteria shall include an assessment of the effect of a proposed withdrawal on the stability and predictability of the investments in the county treasury. 323 Item 11. 69CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION 27134 The county treasury oversight committee shall cause an annual audit to be con- ducted to determine the county treasury’s compliance with this article. The audit may include issues relating to the structure of the investment portfolio and risk. 27135 The costs of complying with this article shall be county charges and may be included with those charges enumerated under Section 27013. 27136 (a) Notwithstanding any other provision of law, any local agency, public agency, public entity, or public official that has funds on deposit in the county treasury pool and that seeks to withdraw funds for the purpose of investing or depositing those funds outside the county treasury pool, shall first submit the request for withdrawal to the county treasurer before withdrawing funds from the county treasury pool. (b) The county treasurer shall evaluate each proposed withdrawal for its consis- tency with the criteria adopted pursuant to subdivision (h) of Section 27133. Prior to approving a withdrawal, the county treasurer shall find that the proposed withdrawal will not adversely affect the interests of the other depositors in the county treasury pool. 27137 Nothing in this article shall be construed to allow the county treasury oversight committee to direct individual investment decisions, select individual investment advisors, brokers, or dealers, or impinge on the day-to-day operations of the county treasury. Government Code Section 53600-53610 53600 As used in this article, “local agency” means county, city, city and county, includ- ing a chartered city or county, school district, community college district, public district, county board of education, county superintendent of schools, or any public or municipal corporation. 53600.3 Except as provided in subdivision (a) of Section 27000.3, 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 invest- ing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public 324 Item 11. 70 LOCAL AGENCY INVESTMENT GUIDELINES funds, a trustee shall act with care, skill, prudence, and diligence under the cir- cumstances 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 main- tain 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. 53600.5 When investing, reinvesting, purchasing, acquiring, exchanging, selling, or man- aging public funds, the primary objective of a trustee shall be to safeguard the principal of the funds under its control. The secondary objective shall be to meet the liquidity needs of the depositor. The third objective shall be to achieve a re- turn on the funds under its control. 53600.6. The Legislature hereby finds that the solvency and creditworthiness of each in- dividual local agency can impact the solvency and creditworthiness of the state and other local agencies within the state. Therefore, to protect the solvency and creditworthiness of the state and all of its political subdivisions, the Legislature hereby declares that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern. 53601. This section shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, Section 53635 shall apply to all local agencies that pool money in deposits or investments with other local agencies that have separate governing bodies. The legislative body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any portion of the moneys that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agency’s funds, by book entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counterparty bank’s customer book entry account may be used for book entry delivery. For purposes of this section, “counterparty” means the other party to the transaction. A counterparty bank’s trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage 325 Item 11. 71CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION limitation for a particular category of investment, that percentage is applicable only at the date of purchase. Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment: (a) Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency. (b) United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the pay- ment of principal and interest. (c) Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state. (d) 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. (e) Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a rev- enue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. (f) Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaran- teed as to principal and interest by federal agencies or United States government- sponsored enterprises. (g) Bankers’ acceptances otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers’ accep- tances shall not exceed 180 days’ maturity or 40 percent of the agency’s moneys that may be invested pursuant to this section. However, no more than 30 percent of the agency’s moneys may be invested in the bankers’ acceptances of any one commercial bank pursuant to this section. This subdivision does not preclude a municipal utility district from investing moneys in its treasury in a manner authorized by the Municipal Utility District Act (Division 6 (commencing with Section 11501) of the Public Utilities Code). (h) Commercial paper of “prime” quality of the highest ranking or of the high- est letter and number rating as provided for by a nationally recognized statistical 326 Item 11. 72 LOCAL AGENCY INVESTMENT GUIDELINES rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2): (1) The entity meets the following criteria: (A) Is organized and operating in the United States as a general corporation. (B) Has total assets in excess of five hundred million dollars ($500,000,000). (C) Has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or higher by an NRSRO. (2) The entity meets the following criteria: (A) Is organized within the United States as a special purpose corporation, trust, or limited liability company. (B) Has program wide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond. (C) Has commercial paper that is rated “A-1” or higher, or the equivalent, by an NRSRO. Eligible commercial paper shall have a maximum maturity of 270 days or less. Local agencies, other than counties or a city and county, may invest no more than 25 percent of their moneys in eligible commercial paper. Local agencies, other than counties or a city and county, may purchase no more than 10 percent of the outstanding commercial paper of any single issuer. Counties or a city and county may invest in commercial paper pursuant to the concentration limits in subdivision (a) of Section 53635. (i) Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposit do not come within Article 2 (commencing with Section 53630), except that the amount so invested shall be subject to the limitations of Section 53638. The legislative body of a local agency and the treasurer or other official of the local agency having legal custody of the moneys are prohibited from investing local agency funds, or funds in the custody of the local agency, in negotiable certificates of deposit issued by a state or federal credit union if a member of the legislative body of the local agency, or a person with investment decision making authority in the administrative office manager’s office, budget office, auditor-controller’s office, or treasurer’s office of the local agency also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit. (j)(1) Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of any securities authorized by this section, as long as the agreements are subject to this subdivision, including the delivery requirements specified in this section. 327 Item 11. 73CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (2) Investments in repurchase agreements may be made, on an investment au- thorized in this section, when the term of the agreement does not exceed one year. The market value of securities that underlie a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day. (3) Reverse repurchase agreements or securities lending agreements may be uti- lized only when all of the following conditions are met: (A) The security to be sold using a reverse repurchase agreement or securi- ties lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale. (B) The total of all reverse repurchase agreements and securities lending agree- ments on investments owned by the local agency does not exceed 20 percent of the base value of the portfolio. (C) The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. (D) Funds obtained or funds within the pool of an equivalent amount to that ob- tained from selling a security to a counterparty using a reverse repurchase agree- ment or securities lending agreement shall not be used to purchase another secu- rity with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the everse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. (4)(A) Investments in reverse repurchase agreements, securities lending agree- ments, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security may be made only upon prior approval of the governing body of the local agency and shall be made only with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency. (B) For purposes of this chapter, “significant banking relationship” means any of the following activities of a bank: (i) Involvement in the creation, sale, purchase, or retirement of a local agency’s bonds, warrants, notes, or other evidence of indebtedness. (ii) Financing of a local agency’s activities. (iii) Acceptance of a local agency’s securities or funds as deposits. 328 Item 11. 74 LOCAL AGENCY INVESTMENT GUIDELINES (5)(A) “Repurchase agreement” means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and for a specified amount and the coun- terparty will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underly- ing securities to the counterparty bank’s customer book-entry account may be used for book-entry delivery. (B) “Securities,” for purposes of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity. (C) “Reverse repurchase agreement” means a sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase the securities on or before a specified date and includes other comparable agreements. (D) “Securities lending agreement” means an agreement under which a local agen- cy agrees to transfer securities to a borrower who, in turn, agrees to provide col- lateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral. (E) For purposes of this section, the base value of the local agency’s pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by way of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods. (F) For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds. (k) Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, 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. Notes eligible for investment under this subdivision shall be rated in a rating category of “A” or its equivalent or better by an NRSRO. Purchases of medium-term notes shall not include other instruments authorized by this section and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section. (l)(1) Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630). However, notwithstanding these restrictions, a counterparty to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the company’s board of directors finds that the counterparty presents a minimal risk of default, and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily. 329 Item 11. 75CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (2) Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commis- sion under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.). (3) If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating pro- vided by not less than two NRSROs. (B) 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 subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000). (4) If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating pro- vided by not less than two NRSROs. (B) 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 five hundred million dollars ($500,000,000). (5) The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include any commission that the companies may charge and shall not exceed 20 percent of the agency’s moneys that may be invested pursuant to this section. However, no more than 10 percent of the agency’s funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1). (m) Moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, install- ment sale, or other agreement of a local agency, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the lo- cal agency providing for the issuance. (n) Notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by Section 53652 for the pupose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obliga- tion, and the security interest shall be perfected in accordance with the require- 330 Item 11. 76 LOCAL AGENCY INVESTMENT GUIDELINES ments of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted. (o) A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond. Securities eligible for investment under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and have a maximum remaining maturity of five years or less. Purchase of securities authorized by this subdivision shall not exceed 20 percent of the agency’s surplus moneys that may be invested pursuant to this section. (p) Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria: (1) The adviser is registered or exempt from registration with the Securities and Exchange Commission. (2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. (3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000). (q) United States 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, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO and shall not exceed 30 percent of the agency’s moneys that may be invested pursuant to this section. (r) Commercial paper, debt securities, or other obligations of a public bank, as defined in Section 57600. 53601.1 The authority of a local agency to invest funds pursuant to Section 53601 in- cludes, in addition thereto, authority to invest in financial futures or financial option contracts in any of the investment categories enumerated in that section. 53601.2 As used in this article, “corporation” includes a limited liability company. 331 Item 11. 77CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION 53601.5 The purchase by a local agency of any investment authorized pursuant to Section 53601 or 53601.1, not purchased directly from the issuer, shall be purchased either from an institution licensed by the state as a broker-dealer, as defined in Section 25004 of the Corporations Code, or from a member of a federally regu- lated securities exchange, from a national or state-chartered bank, from a savings association or federal association (as defined by Section 5102 of the Financial Code) or from a brokerage firm designated as a primary government dealer by the Federal Reserve bank. 53601.6 (a) A local agency shall not invest any funds pursuant to this article or pursuant to Article 2 (commencing with Section 53630) in inverse floaters, range notes, or mortgage-derived, interest-only strips. (b) A local agency shall not invest any funds pursuant to this article or pursuant to Article 2 (commencing with Section 53630) in any security that could result in zero interest accrual if held to maturity. However, a local agency may hold pro- hibited instruments until their maturity dates. The limitation in this subdivision shall not apply to local agency investments in shares of beneficial interest issued by diversified management companies registered under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.) that are authorized for investment pursuant to subdivision (l) of Section 53601. 53601.8 Notwithstanding any other provision of this code, a local agency that has the authority under law to invest funds, at its discretion, may invest a portion of its surplus funds in deposits at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of deposits. The following conditions shall apply: (a) The local agency shall choose a nationally or state-chartered commercial bank, savings bank, savings and loan association, or credit union in this state to invest the funds, which shall be known as the “selected” depository institution. (b) The selected depository institution may use a private sector entity to help place local agency deposits with one or more commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States and are within the network used by the private sector entity for this purpose. (c) The selected depository institution shall request that the local agency inform it of depository institutions at which the local agency has other deposits, and the selected depository institution shall provide that information to the private sector entity. (d) Any private sector entity used by a selected depository institution to help place its local agency deposits shall maintain policies and procedures requiring all of the following: 332 Item 11. 78 LOCAL AGENCY INVESTMENT GUIDELINES (1) The full amount of each deposit placed pursuant to subdivision (b) and the interest that may accrue on each such deposit shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. (2) Every depository institution where funds are placed shall be capitalized at a level that is sufficient, and be otherwise eligible, to receive such deposits pursuant to regulations of the Federal Deposit Insurance Corporation or the National Credit Union Administration, as applicable. (3) At the time of the local agency’s investment with a selected depository institution and no less than monthly thereafter, the private sector entity shall ensure that the local agency is provided with an inventory of all depository institutions in which deposits have been placed on the local agency’s behalf, that are within the private sector entity’s network. (4) Within its network, the private sector entity shall ensure that it does not place additional deposits from a particular local agency with any depository institution identified pursuant to subdivision (c) as holding that local agency’s deposits if those additional deposits would result in that local agency’s total amount on deposit at that depository institution exceeding the Federal Deposit Insurance Corporation or the National Credit Union Administration insurance limit. (e) If a selected depository uses two or more private sector entities to assist in the placement of a local agency’s deposits, the selected depository shall ensure that it does not place additional deposits from a particular local agency with a depository institution if those additional deposits would result in that local agency’s total amount on deposit at that depository institution exceeding the Federal Deposit Insurance Corporation or the National Credit Union Administration insurance limit. (f) The selected depository institution shall serve as a custodian for each such deposit. (g) On the same date that the local agency’s funds are placed pursuant to subdivision (b) by the private sector entity, the selected depository institution shall receive an amount of insured deposits from other financial institutions that, in total, are equal to, or greater than, the full amount of the principal that the local agency initially deposited through the selected depository institution pursuant to subdivision (b). (h) Notwithstanding subdivisions (a) to (g), inclusive, a credit union shall not act as a selected depository institution under this section unless both of the following conditions are satisfied: (1) The credit union offers federal depository insurance through the National Credit Union Administration. (2) The credit union is in possession of written guidance or other written communication from the National Credit Union Administration authorizing participation of federally insured credit unions in one or more deposit placement services and affirming that the moneys held by those credit unions while participating in a deposit placement service will at all times be insured by the federal government. 333 Item 11. 79CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (i) It is the intent of the Legislature that this section shall not restrict competition among private sector entities that provide placement services pursuant to this section. (j) The deposits placed pursuant to this section shall be subject to Section 53638 and shall not, in total, exceed 30 percent of the agency’s funds that may be invested for this purpose. (k) This section shall become operative on January 1, 2026. 53602 The legislative body shall invest only in notes, bonds, bills, certificates of in- debtedness, warrants, or registered warrants which are legal investments for savings banks in the State, provided, that the board of supervisors of a county may, by a four-fifths vote thereof, invest in notes, warrants or other evidences of indebtedness of public districts wholly or partly within the county, whether or not such notes, warrants, or other evidences of indebtedness are legal invest- ments for savings banks. 53603 The legislative body may make the investment by direct purchase of any issue of eligible securities at their original sale or after they have been issued. 53604 The legislative body may sell, or exchange for other eligible securities, and rein- vest the proceeds of, the securities purchased. 53605 From time to time, the legislative body shall sell the securities so that the pro- ceeds may be applied to the purposes for which the original purchase money was placed in the sinking fund or the treasury of the local agency. 53606 The bonds purchased, which were issued by the purchaser, may be canceled either in satisfaction or sinking fund obligations or otherwise. When canceled, they are no longer outstanding, unless in its discretion, the legislative body holds then uncanceled. While held uncanceled, the bonds may be resold. 53607 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 transac- 334 Item 11. 80 LOCAL AGENCY INVESTMENT GUIDELINES tions to the legislative body. Subject to review, the legislative body may renew the delegation of authority pursuant to this section each year. 53608 The legislative body of a local agency may deposit for safekeeping with a federal or state association (as defined by Section 5102 of the Financial Code), a trust company or a state or national bank located within this state or with the Federal Reserve Bank of San Francisco or any branch thereof within this state, or with any Federal Reserve bank or with any state or national bank located in any city designated as a reserve city by the Board of Governors of the Federal Reserve System, the bonds, notes, bills, debentures, obligations, certificates of indebtedness, warrants, or other evidences of indebtedness in which the money of the local agency is invested pursuant to this article or pursuant to other legislative authority. The local agency shall take from such financial institution a receipt for securities so deposited. The authority of the legislative body to deposit for safekeeping may be delegated by the legislative body to the treasurer of the local agency; the treasurer shall not be responsible for securities delivered to and receipted for by a financial institution until they are withdrawn from the financial institution by the treasurer. 53609 Notwithstanding the provisions of this chapter or any other provisions of this code, funds held by a local agency pursuant to a written agreement between the agency and employees of the agency to defer a portion of the compensation otherwise receivable by the agency’s employees and pursuant to a plan for such deferral as ad- opted by the governing body of the agency, may be invested in the types of invest- ments set forth in Sections 53601 and 53602 of this code, and may additionally be invested in corporate stocks, bonds, and securities, mutual funds, savings and loan accounts, credit union accounts, life insurance policies, annuities, mortgages, deeds of trust, or other security interests in real or personal property. Nothing herein shall be construed to permit any type of investment prohibited by the Constitution. Deferred compensation funds are public pension or retirement funds for the purposes of Section 17 of Article XVI of the Constitution. 53610 (a) For purposes of this section, “Proposition 1A receivable” means the right to payment of moneys due or to become due to a local agency, pursuant to clause (iii) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 25.5 of Article XIII of the California Constitution and Section 100.06 of the Revenue and Taxation Code. (b) Notwithstanding any other law, a local agency may purchase, with its rev- enue, Proposition 1A receivables sold pursuant to Section 53999. (c) A purchaser of Proposition 1A receivables pursuant to this section shall not offer them for sale pursuant to Section 6588. 335 Item 11. 81CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION Government Code Section 53620-53622 53620 Notwithstanding Section 53601 or 53635, the governing body of a local agency may invest funds designated for the payment of employee retiree health benefits in any form or type of investment deemed prudent by the governing body pursuant to Section 53622. 53621 The authority of the governing body to invest or to reinvest funds intended for the payment of employee retiree health benefits, or to sell or exchange securities purchased for that purpose, may be delegated by the governing body to designated officers. 53622 (a) Funds intended for the payment of employee retiree health benefits shall only be held for the purpose of providing benefits to participants in the retiree health benefit plan and defraying reasonable expenses of administering that plan. (b) The governing body or designated officer, when making investments of the funds, shall discharge its duties with respect to the investment of the funds. (1) Solely in the interest of, and for the exclusive purposes of providing benefits to, participants in the retiree health benefit plan, minimizing employer contributions thereto, and defraying reasonable expenses of administering the plan. (2) With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with these matters would use in the conduct of an enterprise of a like character and with like aims. (3) Shall diversify the investments of the funds so as to minimize the risk of loss and to maximize the rate of return, unless under the circumstances it is clearly prudent not to do so. Government Code Section 53630-53686 53630 As used in this article: (a) “Local agency” means county, city, city and county, including a chartered city or county, a community college district, or other public agency or corporation in this state. (b) “Treasurer” means treasurer of the local agency. 336 Item 11. 82 LOCAL AGENCY INVESTMENT GUIDELINES (c) “Depository” means a state or national bank, savings association or federal association, a state or federal credit union, or a federally insured industrial loan company, in this state in which the moneys of a local agency are deposited. (d) “Agent of depository” means a trust company or trust department of a state or national bank located in this state, including the trust department of a depository where authorized, and the Federal Home Loan Bank of San Francisco, which is authorized to act as an agent of depository for the purposes of this article pursu- ant to Section 53657. (e) “Security” means any of the eligible securities or obligations listed in Section 53651. (f) “Pooled securities” means eligible securities held by an agent of depository for a depository and securing deposits of one or more local agencies. (g) “Administrator” means the Administrator of Local Agency Security of the State of California. (h) “Savings association or federal association” means a savings association, sav- ings and loan association, or savings bank as defined by Section 5102 of the Financial Code. (i) “Federally insured industrial loan company” means an industrial loan com- pany licensed under Division 7 (commencing with Section 18000) of the Finan- cial Code, the investment certificates of which are insured by the Federal Deposit Insurance Corporation. (j) “Corporation” includes a limited liability company. 53630.1 The Legislature hereby finds that the solvency and creditworthiness of each in- dividual local agency can impact the solvency and creditworthiness of the state and other local agencies within the state. Therefore, to protect the solvency and creditworthiness of the state and all of its political subdivisions, the Legislature hereby declares that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern. 53630.5 (a) The definitions in Section 1750 of, and Chapter 1 (commencing with Section 99) of Division 1 of, the Financial Code apply to this section. (b) In this article, for purposes of being a depository of moneys belonging to or being in the custody of a local agency, the phrases “state or national bank located in this state,” “state or national bank,” “state or national bank in this state,” and “state or national banks in the state” include, without limitation, any of the following: (1) Any California branch office of a foreign (other state) state bank that the bank is authorized to maintain under the law of its domicile and federal law. 337 Item 11. 83CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (2) Any California branch office of a foreign (other state) national bank that the bank is authorized to maintain under federal law. (3) Any California branch office of a foreign (other nation) bank that the bank is licensed to maintain under Article 3 (commencing with Section 1800) of Chap- ter 20 of Division 1.1 of the Financial Code. (4) Any California federal branch of a foreign (other nation) bank that the bank is authorized to maintain under federal law. 53631 Under those conditions as the treasurer of a local agency fixes with the approval of the legislative body, he or she may establish accounts at banks within or with- out the state and deposit money in those accounts to the extent necessary to pay the principal and interest of bonds to pay any warrant that has been presented for payment, or to fund any electronic disbursement of funds from the treasury of the local agency. This article does not apply to deposits for those purposes. 53632 There are three classes of deposits: (a) Inactive deposits. (b) Active deposits. (c) Interest-bearing active deposits. 53632.5 There are three classes of security for deposits: (a) Securities described in subdivision (m) of Section 53651. (b) Securities described in subdivision (p) of Section 53651. (c) Securities enumerated in Section 53651, except for those described in subdi- visions (m) and (p) of that section. 53633 The treasurer shall determine the amounts of money to be deposited as inac- tive, active, and interest-bearing active deposits, except as otherwise provided in Section 53679. 53634 The treasurer may call in money from inactive deposits and place it in active deposits as current demands require. When there is money in his possession for which there is no demand as inactive deposits, he may place it as active deposits. 338 Item 11. 84 LOCAL AGENCY INVESTMENT GUIDELINES 53635 (a) This section shall apply to a local agency that is a county, a city and a county, or other local agency that pools money in deposits or investments with other local agencies, including local agencies that have the same govern- ing body. However, Section 53601 shall apply to all local agencies that pool money in deposits or investments exclusively with local agencies that have the same governing body. This section shall be interpreted in a manner that recognizes the distinct charac- teristics of investment pools and the distinct administrative burdens on manag- ing and investing funds on a pooled basis pursuant to Article 6 (commencing with Section 27130) of Chapter 5 of Division 2 of Title 3. A local agency that is a county, a city and county, or other local agency that pools money in deposits or investments with other agencies may invest in commercial paper pursuant to subdivision (h) of Section 53601, except that the local agency shall be subject to the following concentration limits: (1) No more than 40 percent of the local agency’s money may be invested in eligible commercial paper. (2) No more than 10 percent of the total assets of the investments held by a local agency may be invested in any one issuer’s commercial paper. (b) Notwithstanding Section 53601, the City of Los Angeles shall be subject to the concentration limits of this section for counties and for cities and counties with regard to the investment of money in eligible commercial paper. (c) A local agency subject to this section may invest in commercial paper, debt securities, or other obligations of a public bank, as defined in Section 57600. 53635.2 As far as possible, all money belonging to, or in the custody of, a local agency, including money paid to the treasurer or other official to pay the principal, interest, or penalties of bonds, shall be deposited for safekeeping in state or national banks, public banks, savings associations, federal associations, credit unions, or federally insured industrial loan companies in this state selected by the treasurer or other official having legal custody of the money; or may be invested in the investments set forth in Section 53601. To be eligible to receive local agency money, a bank, savings association, federal association, or federally insured industrial loan company shall have received an overall rating of not less than “satisfactory” in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California’s communities, including low- and moderate-income neighborhoods, pursuant to Section 2906 of Title 12 of the United States Code. Sections 53601.5 and 53601.6 shall apply to all investments that are acquired pursuant to this section. 339 Item 11. 85CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION 53635.7 In making any decision that involves borrowing in the amount of one hundred thousand dollars ($100,000) or more, the legislative body of the local agency shall discuss, consider, and deliberate each decision as a separate item of business on the agenda of its meeting as prescribed in Chapter 9 (commencing with Sec- tion 54950). As used in this section, “borrowing” does not include bank over- drafts or security lending. 53635.8 Notwithstanding any other provision of this code, a local agency that has the authority under law to invest funds, at its discretion, may invest a portion of its surplus funds in deposits at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of deposits. The following conditions shall apply: (a) The local agency shall choose a nationally or state-chartered commercial bank, savings bank, savings and loan association, or credit union in this state to invest the funds, which shall be known as the “selected” depository institution. (b) The selected depository institution may use a private sector entity to help place local agency deposits with one or more commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States and are within the network used by the private sector entity for this purpose. (c) The selected depository institution shall request that the local agency inform it of depository institutions at which the local agency has other deposits, and the selected depository institution shall provide that information to the private sector entity. (d) Any private sector entity used by a selected depository institution to help place its local agency deposits shall maintain policies and procedures requiring all of the following: (1) The full amount of each deposit placed pursuant to subdivision (b) and the interest that may accrue on each such deposit shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. (2) Every depository institution where funds are placed shall be capitalized at a level that is sufficient, and be otherwise eligible, to receive such deposits pursuant to regulations of the Federal Deposit Insurance Corporation or the National Credit Union Administration, as applicable. (3) At the time of the local agency’s investment with a selected depository institution and no less than monthly thereafter, the private sector entity shall ensure that the local agency is provided with an inventory of all depository institutions in which deposits have been placed on the local agency’s behalf, that are within the private sector entity’s network. 340 Item 11. 86 LOCAL AGENCY INVESTMENT GUIDELINES (4) Within its network, the private sector entity shall ensure that it does not place additional deposits from a particular local agency with any depository institution identified pursuant to subdivision (c) as holding that local agency’s deposits if those additional deposits would result in that local agency’s total amount on deposit at that depository institution exceeding the Federal Deposit Insurance Corporation or the National Credit Union Administration insurance limit. (e) If a selected depository uses two or more private sector entities to assist in the placement of a local agency’s deposits, the selected depository shall ensure that it does not place additional deposits from a particular local agency with a depository institution if those additional deposits would result in that local agency’s total amount on deposit at that depository institution exceeding the Federal Deposit Insurance Corporation or the National Credit Union Administration insurance limit. (f) The selected depository institution shall serve as a custodian for each such deposit. (g) On the same date that the local agency’s funds are placed pursuant to subdivision (b) by the private sector entity, the selected depository institution shall receive an amount of insured deposits from other financial institutions that, in total, are equal to, or greater than, the full amount of the principal that the local agency initially deposited through the selected depository institution for investment pursuant to subdivision (b). (h) Notwithstanding subdivisions (a) to (g), inclusive, a credit union shall not act as a selected depository institution under this section unless both of the following conditions are satisfied: (1) The credit union offers federal depository insurance through the National Credit Union Administration. (2) The credit union is in possession of written guidance or other written communication from the National Credit Union Administration authorizing participation of federally insured credit unions in one or more deposit placement services and affirming that the moneys held by those credit unions while participating in a deposit placement service will at all times be insured by the federal government. (i) It is the intent of the Legislature that this section shall not restrict competition among private sector entities that provide placement services pursuant to this section. (j) The deposits placed pursuant to this section shall be subject to Section 53638 and shall not, in total, exceed 30 percent of the agency’s funds that may be invested for this purpose. 53636 Money so deposited is deemed to be in the treasury of the local agency. 341 Item 11. 87CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION 53637 The money shall be deposited in any bank, savings association or federal associa- tion, state or federal credit union, or federally insured industrial loan company with the objective of realizing maximum return, consistent with prudent finan- cial management, except that money shall not be deposited in any state or federal credit union if a member of the legislative body of a local agency, or any person with investment decision making authority of the administrative office, man- ager’s office, budget office, auditor-controller’s office, or treasurer’s office of the local agency, also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or supervisory committee, of the state or federal credit union. 53638 (a) The deposit shall not exceed the shareholder’s equity of any depository bank. For the purposes of this subdivision, shareholder’s equity shall be determined in accordance with Section 463 of the Financial Code, but shall be deemed to include capital notes and debentures. (b) The deposit shall not exceed the total of the net worth of any depository sav- ings association or federal association, except that deposits not exceeding a total of five hundred thousand dollars ($500,000) may be made to a savings associa- tion or federal association without regard to the net worth of that depository, if such deposits are insured or secured as required by law. (c) The deposit to the share accounts of any regularly chartered credit union shall not exceed the total of the unimpaired capital and surplus of the credit union, as defined by rule of the Commissioner of Business Oversight, except that the deposit to any credit union share account in an amount not exceeding five hundred thousand dollars ($500,000) may be made if the share accounts of that credit union are insured or guaranteed pursuant to Section 14858 of the Financial Code or are secured as required by law. (d) The deposit in investment certificates of a federally insured industrial loan company shall not exceed the total of the unimpaired capital and surplus of the insured industrial loan company. 53639 Except as otherwise provided in Section 53682, the depository shall bear the expenses of transportation of money to and from the depository. 53640 Except as otherwise provided in Section 53682, the depository shall handle, collect, and pay all checks, drafts, and other exchange without cost to the local agency. 342 Item 11. 88 LOCAL AGENCY INVESTMENT GUIDELINES 53641 When money is deposited in a depository, the treasurer or other authorized of- ficial shall take and preserve a receipt, certificate of deposit, or other evidence of the deposit as he or she requires. 53642 The money deposited may be drawn out by check or order of the treasurer or other official authorized to make such deposit. 53643 The treasurer may deposit any part of the money as agreed upon between the treasurer and the depository. 53644 If an agreement is not made: (a) Active deposits and interest thereon are subject to withdrawal upon the de- mand of the treasurer or other authorized official, subject to any penalties which may be prescribed by federal law or regulation. (b) Inactive deposits are subject to notice of at least thirty days before withdrawal. 53645 Interest shall be computed and paid by the depository, as follows: (a) For active deposits upon which interest is payable, interest shall be computed on the average daily balance for the calendar quarter, and shall be paid quarterly. (b) For inactive deposits, interest shall be computed on a 360-day basis, and shall be paid quarterly. 53646 (a)(1) In the case of county government, the treasurer may annually render to the board of supervisors and any oversight committee a statement of invest- ment policy, which the board shall review and approve at a public meeting. Any change in the policy shall also be reviewed and approved by the board at a public meeting. (2) In the case of any other local agency, the treasurer or chief fiscal officer of the local agency may annually render to the legislative body of that local agency and any oversight committee of that local agency a statement of investment policy, which the legislative body of the local agency shall consider at a public meeting. Any change in the policy shall also be considered by the legislative body of the local agency at a public meeting. 343 Item 11. 89CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (b)(1) The treasurer or chief fiscal officer may render a quarterly report to the chief executive officer, the internal auditor, and the legislative body of the local agency. The quarterly report shall be so submitted within 30 days following the end of the quarter covered by the report. Except as provided in subdivisions (e) and (f), this report shall include the type of investment, issuer, date of maturity par and dollar amount invested on all securities, investments and moneys held by the local agency, and shall additionally include a description of any of the local agency’s funds, invest- ments, or programs, that are under the management of contracted parties, including lending programs. With respect to all securities held by the local agency, and under management of any outside party that is not also a local agency or the State of Cali- fornia Local Agency Investment Fund, the report shall also include a current market value as of the date of the report, and shall include the source of this same valuation. (2) The quarterly report shall state compliance of the portfolio to the statement of investment policy, or manner in which the portfolio is not in compliance. (3) The quarterly report shall include a statement denoting the ability of the local agency to meet its pool’s expenditure requirements for the next six months, or provide an explanation as to why sufficient money shall, or may, not be available. (4) In the quarterly report, a subsidiary ledger of investments may be used in ac- cordance with accepted accounting practices. (c) Pursuant to subdivision (b), the treasurer or chief fiscal officer shall report whatever additional information or data may be required by the legislative body of the local agency. (d) The legislative body of a local agency may elect to require the report specified in subdivision (b) to be made on a monthly basis instead of quarterly. (e) For local agency investments that have been placed in the Local Agency In- vestment Fund, created by Section 16429.1, in National Credit Union Share Insurance Fund-insured accounts in a credit union, in accounts insured or guar- anteed pursuant to Section 14858 of the Financial Code, or in Federal Deposit Insurance Corporation-insured accounts in a bank or savings and loan associa- tion, in a county investment pool, or any combination of these, the treasurer or chief fiscal officer may supply to the governing body, chief executive officer, and the auditor of the local agency the most recent statement or statements received by the local agency from these institutions in lieu of the information required by paragraph (1) of subdivision (b) regarding investments in these institutions. (f) The treasurer or chief fiscal officer shall not be required to render a quarterly report, as required by subdivision (b), to a legislative body or any oversight com- mittee of a school district or county office of education for securities, invest- ments, or moneys held by the school district or county office of education in individual accounts that are less than twenty-five thousand dollars ($25,000). (g) In recognition of the state and local interests served by the actions made op- tional in subdivisions (a) and (b), the Legislature encourages the local agency offi- cials to continue taking the actions formerly mandated by this section. However, nothing in this subdivision may be construed to impose any liability on a local agency that does not continue to take the formerly mandated action. 344 Item 11. 90 LOCAL AGENCY INVESTMENT GUIDELINES 53647 (a) Interest on all money deposited belongs to, and shall be paid quarterly into the general fund of, the local agency represented by the officer making the de- posit, unless otherwise directed by law. (b) Notwithstanding the provisions of subdivision (a), and except as otherwise directed by law, if the governing body of the local agency represented by the of- ficer making the deposit so directs, such interest shall be paid to the fund which contains the principal on which the interest accrued. 53647.5 Notwithstanding any other provision of law, interest earned on any bail money de- posited by a court in a bank account pursuant to Section 1463.1 of the Penal Code and Section 53679 of this code shall, be allocated for the support of that court. 53648 Notwithstanding this article, the treasurer may deposit moneys in, and enter into contracts with, a state or national bank, savings association or federal association, federal or state credit union, or federally insured industrial loan company, pursu- ant to a federal law or a rule of a federal department or agency adopted pursuant to the law if the law or rule conflicts with this article in regulating the payment of interest on deposits of public moneys by any of the following: (a) Banks which are Federal Reserve System members or whose deposits are in- sured by the Federal Deposit Insurance Corporation. (b) Savings associations or federal associations which are federal home loan bank members or whose deposits are insured by the Federal Savings and Loan Insurance Corporation. (c) State or federal credit unions whose accounts are insured by the National Credit Union Share Insurance Fund or guaranteed by the California Credit Union Share Guaranty Corporation or insured or guaranteed pursuant to Sec- tion 14858 of the Financial Code, unless a member of the legislative body of a local agency, or any person with investment decision making authority of the administrative office, manager’s office, budget office, auditor-controller’s office, or treasurer’s office of the local agency, also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or supervisory committee, of the state or federal credit union. (d) A federally insured industrial loan company. 53648.5 Upon the removal by federal law of the conflicting federal law or rule the agree- ment between the treasurer or other authorized official and a depository may be terminated by either party. 345 Item 11. 91CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION 53649 The treasurer is responsible for the safekeeping of money in his or her custody and shall enter into any contract with a depository relating to any deposit which in his or her judgment is to the public advantage. The depository, and the agent of depository to the extent the agent of depository has been notified of deposits and the amount thereof, are responsible for securing moneys deposited pursuant to such a contract in accordance with Section 53652. One copy of each contract shall be filed with the auditor, controller, secretary, or corresponding officer of the local agency. The contract shall: (a) Fix the duration of deposits, if appropriate. (b) Fix the interest rate, if any. (c) Provide conditions for withdrawal and repayment. (d) Provide for placement of pooled securities in a named agent of depository in accordance with Section 53656. (e) Grant authority for agent of depository to place securities for safekeeping in accordance with Section 53659. (f) Set forth in accordance with Section 53665 the conditions upon which the administrator shall order pooled securities converted into money for the benefit of the local agency, and the procedure therefor. (g) Provide for compliance in all respects with the provisions of this article and other applicable provisions of law. (h) Provide, upon notice to the treasurer from the administrator, that a treasurer may withdraw deposits in the event a depository fails to pay the assessments, fines, or penalties assessed by the administrator or may withdraw authorization for the placement of pooled securities in an agent of depository in the event that the agent of depository fails to pay the fines or penalties assessed by the administrator. 53651 Eligible securities are any of the following: (a) United States Treasury notes, bonds, bills or certificates of indebtedness, or ob- ligations for which the faith and credit of the United States are pledged for the pay- ment of principal and interest, including the guaranteed portions of small business administration loans, so long as the loans are obligations for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Notes or bonds or any obligations of a local public agency (as defined in the United States Housing Act of 1949) or any obligations of a public housing agen- cy (as defined in the United States Housing Act of 1937) for which the faith and credit of the United States are pledged for the payment of principal and interest. (c) Bonds of this state or of any local agency or district of the State of California having the power, without limit as to rate or amount, to levy taxes or assessments 346 Item 11. 92 LOCAL AGENCY INVESTMENT GUIDELINES to pay the principal and interest of the bonds upon all property within its bound- aries subject to taxation or assessment by the local agency or district, and in addi- tion, limited obligation bonds pursuant to Article 4 (commencing with Section 50665) of Chapter 3 of Division 1, senior obligation bonds pursuant to Article 5 (commencing with Section 53387) of Chapter 2.7, and revenue bonds and other obligations payable solely out of the revenues from a revenue-producing property owned, controlled or operated by the state, local agency or district or by a depart- ment, board, agency or authority thereof. (d) Bonds of any public housing agency (as defined in the United States Housing Act of 1937, as amended) as are secured by a pledge of annual contributions un- der an annual contribution contract between the public housing agency and the Public Housing Administration if such contract shall contain the covenant by the Public Housing Administration which is authorized by subsection (b) of Section 22 of the United States Housing Act of 1937, as amended, and if the maximum sum and the maximum period specified in the contract pursuant to that subsec- tion 22(b) shall not be less than the annual amount and the period for payment which are requisite to provide for the payment when due of all installments of principal and interest on the obligations. (e) Registered warrants of this state. (f) Bonds, consolidated bonds, collateral trust debentures, consolidated deben- tures, or other obligations issued by the United States Postal Service, federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended, debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended, consolidated obligations of the federal home loan banks established under the Federal Home Loan Bank Act, bonds, debentures and other obligations of the Federal National Mortgage Association or of the Government National Mortgage Association established under the Na- tional Housing Act, as amended, bonds of any federal home loan bank estab- lished under that act, bonds, debentures and other obligations of the Federal Home Loan Mortgage Corporation established under the Emergency Home Fi- nance Act of 1970, and obligations of the Tennessee Valley Authority. (g) Notes, tax anticipation warrants or other evidence of indebtedness issued pursuant to Article 7 (commencing with Section 53820), Article 7.5 (commenc- ing with Section 53840) or Article 7.6 (commencing with Section 53850) of this Chapter 4. (h) State of California notes. (i) Bonds, notes, certificates of indebtedness, warrants or other obligations is- sued by: (1) any state of the United States (except this state), or the Common- wealth of Puerto Rico, or any local agency thereof having the power to levy taxes, without limit as to rate or amount, to pay the principal and interest of such obligations, or (2) any state of the United States (except this state), or the Commonwealth of Puerto Rico, or a department, board, agency or authority thereof except bonds which provide for or are issued pursuant to a law which may contemplate a subsequent legislative appropriation as an assurance of the 347 Item 11. 93CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION continued operation and solvency of the department, board, agency or author- ity but which does not constitute a valid and binding obligation for which the full faith and credit of such state or the Commonwealth of Puerto Rico are pledged, which are payable solely out of the revenues from a revenue-produc- ing source owned, controlled or operated thereby; provided the obligations issued by an entity described in (1), above, are rated in one of the three highest grades, and such obligations issued by an entity described in (2), above, are rated in one of the two highest grades by a nationally recognized investment service organization that has been engaged regularly in rating state and munici- pal issues for a period of not less than five years. (j) Obligations issued, assumed or guaranteed by the International Bank for Re- construction and Development, Inter-American Development Bank, the Gov- ernment Development Bank of Puerto Rico, the Asian Development Bank, the International Finance Corporation, or the African Development Bank. (k) Participation certificates of the Export-Import Bank of the United States. (l) Bonds and notes of the California Housing Finance Agency issued pursuant to Chapter 7 (commencing with Section 51350) of Part 3 of Division 31 of the Health and Safety Code. (m) Promissory notes secured by first mortgages and first trust deeds which com- ply with Section 53651.2. (n) Any bonds, notes, warrants, or other evidences of indebtedness of a nonprofit corporation issued to finance the construction of a school building or school buildings pursuant to a lease or agreement with a school district entered into in compliance with the provisions of Section 39315 or 81345 of the Education Code, and also any bonds, notes, warrants or other evidences of indebtedness issued to refinance those bonds, notes, warrants, or other evidences of indebted- ness as specified in Section 39317 of the Education Code. (o) Any municipal securities, as defined by Section 3(a)(29) of the Securities Ex- change Act of June 6, 1934, (15 u.s.c. Sec. 78, as amended), which are issued by this state or any local agency thereof. (p) With the consent of the treasurer, letters of credit issued by the Federal Home Loan Bank of San Francisco which comply with Section 53651.6. 53651.2 (a) To be an eligible security under subdivision (m) of Section 53651, a promis- sory note placed in a securities pool on or after January 1, 1987, shall comply with all of the following provisions: (1) Each promissory note shall be secured by a first mortgage or first trust deed on improved 1 to 4 unit residential real property located in California, shall be fully amortized over the term of the note, and shall have a term of no more than 30 years. Any first mortgage or first trust deed which secures a promissory note providing for negative amortization shall be removed from the securities pool and replaced with an eligible security under subdivision (m) of Section 53651 if 348 Item 11. 94 LOCAL AGENCY INVESTMENT GUIDELINES the loan to value ratio exceeds 85 percent of the original appraised value of the security property as a consequence of negative amortization. (2) Each promissory note shall be eligible for sale to the Federal National Mort- gage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation; provided, however, that up to 25 percent of the total dollar amount of any promissory note securities pool established pursuant to Section 53658 may consist of promissory notes with loan amounts which exceed the maximum amounts eligible for purchase by the Federal Na- tional Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation, but which do not exceed: (i) five hundred thousand dollars ($500,000) in the case of a single family dwelling; (ii) one million dollars ($1,000,000) in the case of a 2, 3, or 4 unit dwelling. (b) The following shall not constitute eligible securities under subdivision (m) of Section 53651: (1) Any promissory note on which any payment is more than 60 days past due. (2) Any promissory note secured by a mortgage or deed of trust as to which there is a lien prior to the mortgage or deed of trust. For the purposes of this paragraph, no lien specified in Section 766 of the Financial Code shall be considered a prior encumbrance unless any installment or payment thereunder (other than a rental or royalty under a lease) is due and delinquent. (3) Any promissory note secured by a mortgage or deed of trust as to which a notice of default has been recorded pursuant to Section 2924 of the Civil Code or an action has been commenced pursuant to Section 725a of the Code of Civil Procedure. (c) The depository may exercise, enforce, or waive any right granted to it by the promissory note, mortgage, or deed of trust. (d) For purposes of this article, the market value of a promissory note which is an eligible security under subdivision (m) of Section 53651, shall be determined in accordance with the regulations adopted by the Treasurer under paragraph (2) of subdivision (m) of Section 53651, as the regulations and statute were in effect on December 31, 1986. However, if and when regulations on the subject are ad- opted by the administrator, the market value shall be determined in accordance with those regulations of the administrator. 53651.4 (a) A depository that uses eligible securities of the class described in subdivision (m) of Section 53651 shall, within 90 days after the close of each calendar year or within a longer period as the administrator may specify, file with the administra- tor a report of an independent certified public accountant regarding compliance with this article and with regulations and orders issued by the administrator un- der this article with respect to eligible securities of that class. The report shall be based upon the audit, shall contain the information, and shall be in the form the administrator may prescribe. The depository shall provide a copy of the report to the treasurer on request. 349 Item 11. 95CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (b) If a depository that is a state bank files with the administrator, not less than 90 days before the beginning of the calendar year, a notice that it elects to be ex- amined by the administrator instead of filing a report of an independent certified public accountant under subdivision (a) for that calendar year, the depository shall be exempt from subdivision (a) for that calendar year and shall for that cal- endar year be subject to examination by the administrator regarding compliance with this article and with regulations and orders under this article with respect to eligible securities of the class described in subdivision (m) of Section 53651. The administrator shall provide a report to a treasurer with deposits in the examined state bank upon request of the treasurer. (c) A national bank may apply to the administrator to be examined, and the administrator, in his or her discretion, may examine a national bank for the purposes of satisfying the requirements of subdivision (a). The administrator shall provide a report to a treasurer with deposits in the examined national bank upon request of the treasurer. (d) Whenever the administrator examines a depository pursuant to subdivision (b) or (c), the depository shall pay, within 30 days after receipt of a statement from the administrator, a fee of seventy-five dollars ($75) per hour for each ex- aminer engaged in the examination. 53651.6 (a) To be an eligible security under subdivision (p) of Section 53651, a letter of credit shall be in such form and shall contain such provisions as the administrator may prescribe, and shall include all of the following terms: (1) The administrator shall be the beneficiary of the letter of credit. (2) The letter of credit shall be clean and irrevocable and shall provide that the administrator may draw upon it up to the total amount in the event of the fail- ure of the depository savings association or federal association or if the deposi- tory savings association or federal association refuses to permit the withdrawal of funds by a treasurer. 53652 To secure active or inactive deposits a depository shall at all times maintain with the agent of depository eligible securities in securities pools, pursuant to Sections 53656 and 53658, in the amounts specified in this section. Uncollected funds shall be excluded from the amount deposited in the depository when determin- ing the security requirements for the deposits. (a) Eligible securities, except eligible securities of the classes described in sub- divisions (m) and (p) of Section 53651, shall have a market value of at least 10 percent in excess of the total amount of all deposits of a depository secured by the eligible securities. 350 Item 11. 96 LOCAL AGENCY INVESTMENT GUIDELINES (b) Eligible securities of the class described in subdivision (m) of Section 53651 shall have a market value at least 50 percent in excess of the total amount of all deposits of a depository secured by those eligible securities. (c) Eligible securities of the class described in subdivision (p) of Section 53651 shall have a market value of at least 5 percent in excess of the total amount of all deposits of a depository secured by those eligible securities. For purposes of this article, the market value of a letter of credit which is an eligible security under subdivision (p) of Section 53651 shall be the amount of credit stated in the letter of credit. 53653 When in his or her discretion local conditions so warrant, the treasurer may waive security for the portion of any deposits as is insured pursuant to federal law, notwithstanding this article. For deposits equivalent to and not less than the maximum amount insured pursuant to federal law for which a treasurer has waived security under this section, a treasurer at his or her discretion may also waive security for the interest accrued on the deposits which, when added to the deposits, would cause the sum of the interest and deposits to exceed the maximum amount insured pursuant to federal law, provided that the interest is computed by the depository on the average daily balance of the deposits, paid monthly and computed on a 360-day basis. 53654 (a) The depository may add securities to the pool or substitute securities of equal value for those in the pool at any time, but shall not interchange classes of secu- rity, as defined in Section 53632.5, without prior approval of the treasurer. (b) Withdrawal of securities from the pool without replacement at equal value may be ordered only by two duly authorized officers or employees of the deposi- tory who satisfy the requirements as may be set by the administrator. (c) The agent of depository is responsible for the safekeeping and disbursement of securities placed in its custody by a depository. It shall release securities only upon presentation by the depository of the most reasonably current statement of the total deposits subject to this article held by the depository, such statement to be verified and countersigned by two duly authorized officers, other than those who ordered the withdrawal of securities. A copy of this statement shall be forwarded to the administrator concurrently by the agent of depository. 53655 A placement of securities by a depository with an agent of depository pursuant to this article shall have the effect of perfecting a security interest in those securities in the local agencies having deposits in that depository notwithstanding provi- sions of the Uniform Commercial Code to the contrary and notwithstanding that the agent of depository may be the trust department of the depository. 351 Item 11. 97CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION 53656 (a) At the time the treasurer enters into a contract with the depository pursuant to Section 53649, he or she shall authorize the agent of depository designated by the depository, but including the trust department of the depository only when acceptable to both the treasurer and the depository, to hold securities of the de- pository in accordance with this article to secure the deposit of the local agency. (b) Only those trust companies and trust departments, or the Federal Home Loan Bank of San Francisco, which have been authorized by the administrator pursuant to Section 53657 shall be authorized by treasurers to act as agents of depository. (c) The securities are subject to order of the depository in accordance with Sec- tion 53654 except when the provisions of subdivision (i) of Section 53661 and Section 53665 are in effect. (d) An agent of depository shall not release any security held to secure a local agency deposit in a depository unless the administrator issues an order authoriz- ing the release where either of the following occurs: (1) A state or federal regulatory agency has taken possession of the depository. (2) A conservator, receiver, or other legal custodian has been appointed for the depository. 53657 (a) No person shall act as an agent of depository unless that person is a trust company located in this state, the trust department of a bank located in this state, or the Federal Home Loan Bank of San Francisco, and is authorized by the administrator to act as an agent of depository. (b)(1) An application for authorization shall be in such form, shall contain such information, shall be signed in such manner, and shall (if the administrator so requires) be verified in such manner, as the administrator may prescribe. (2) The fee for filing an application for authorization with the administrator shall be five hundred dollars ($500). (3) If the administrator finds, with respect to an application for authorization, that the applicant is competent to act as an agent of depository and that it is rea- sonable to believe the applicant will comply with all applicable provisions of this article and of any regulation or order issued under this article, the administrator shall approve the application. If the administrator finds otherwise, the adminis- trator shall deny the application. (4) When an application for authorization has been approved, the applicant shall file with the administrator an agreement to comply with all applicable provisions of this article and of any regulation or order issued under this article. The agree- ment shall be in such form, shall contain such provisions, and shall be signed in such manner as the administrator may prescribe. 352 Item 11. 98 LOCAL AGENCY INVESTMENT GUIDELINES (5) When an application for authorization has been approved, the applicant has complied with paragraph (4), and all conditions precedent to authorizing the applicant to act as agent of depository have been fulfilled, the administrator shall authorize the applicant to act as agent of depository. 53658 An agent of a depository may hold and pool securities to secure deposits for one or more depositories pursuant to Section 53656, but shall maintain a separate pool for each said depository. Each local agency shall have an undivided security interest in the pooled securities in the proportion that the amount of its deposits bears to the total amount of deposits secured by the pooled securities. 53659 Whenever an agent of depository accepts securities pursuant to Section 53656 it may, with the authorization of the depository, place such securities for safekeep- ing with a Federal Reserve Bank or branch thereof or with any bank located in a city designated as a reserve city by the Board of Governors of the Federal Reserve System or with the Federal Home Loan Bank of San Francisco or with a trust company located in this state. Authority for such placement together with the names of the banks or, including the Federal Home Loan Bank of San Francisco, trust companies to be so used, shall be contained in the contract between the treasurer and the depository required in Section 53649. 53660 When deposits of a local agency are secured by pooled securities pursuant to Section 53656, the agent of depository shall make available to the treasurer for review at a mutually agreed upon time and location all of the following information which may be in the form of a copy of the report required in subdivision (e) of Section 53661: (a) A certification that there are securities in the pool in the amounts required by Section 53652 to secure deposits. (b) A certified report of the individual securities then on deposit in the pool with the location and total market value thereof. (c) The total amount of deposits then reported by the depository to be secured by the pool. 53661 (a) The Commissioner of Business Oversight shall act as Administrator of Lo- cal Agency Security and shall be responsible for the administration of Sections 53638, 53651, 53651.2, 53651.4, 53651.6, 53652, 53654, 53655, 53656, 53657, 53658, 53659, 53660, 53661, 53663, 53664, 53665, 53666, and 53667. (b) The administrator shall have the powers necessary or convenient to adminis- ter and enforce the sections specified in subdivision (a). 353 Item 11. 99CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (c)(1) The administrator shall issue regulations consistent with law as the admin- istrator may deem necessary or advisable in executing the powers, duties, and responsibilities assigned by this article. The regulations may include regulations prescribing standards for the valuation, marketability, and liquidity of the eligible securities of the class described in subdivision (m) of Section 53651, regulations prescribing procedures and documentation for adding, withdrawing, substitut- ing, and holding pooled securities, and regulations prescribing the form, content, and execution of any application, report, or other document called for in any of the sections specified in subdivision (a) or in any regulation or order issued under any of those sections. (2) The administrator, for good cause, may waive any provision of any regulation adopted pursuant to paragraph (1) or any order issued under this article, where the provision is not necessary in the public interest. (d) The administrator may enter into any contracts or agreements as may be necessary, including joint underwriting agreements, to sell or liquidate eligible securities securing local agency deposits in the event of the failure of the deposi- tory or if the depository fails to pay all or part of the deposits of a local agency. (e) The administrator shall require from every depository a report certified by the agent of depository listing all securities, and the market value thereof, which are securing local agency deposits together with the total deposits then secured by the pool, to determine whether there is compliance with Section 53652. These re- ports may be required whenever deemed necessary by the administrator, but shall be required at least four times each year at the times designated by the Comptrol- ler of the Currency for reports from national banking associations. These reports shall be filed in the office of the administrator by the depository within 20 busi- ness days of the date the administrator calls for the report. (f) The administrator may have access to reports of examination made by the Comptroller of the Currency insofar as the reports relate to national banking as- sociation trust department activities which are subject to this article. (g)(1) The administrator shall require the immediate substitution of an eligible security, where the substitution is necessary for compliance with Section 53652, if (i) the administrator determines that a security listed in Section 53651 is not quali- fied to secure public deposits, or (ii) a treasurer, who has deposits secured by the securities pool, provides written notice to the administrator and the administrator confirms that a security in the pool is not qualified to secure public deposits. (2) The failure of a depository to substitute securities, where the administrator has required the substitution, shall be reported by the administrator promptly to those treasurers having money on deposit in that depository and, in addition, shall be reported as follows: (A) When that depository is a national bank, to the Comptroller of the Currency of the United States. (B) When that depository is a state bank, to the Commissioner of Business Oversight. 354 Item 11. 100 LOCAL AGENCY INVESTMENT GUIDELINES (C) When that depository is a federal association, to the Office of the Comptroller of the Currency. (D) When that depository is a savings association, to the Commissioner of Busi- ness Oversight. (E) When that depository is a federal credit union, to the National Credit Union Administration. (F) When that depository is a state credit union or a federally insured industrial loan company, to the Commissioner of Business Oversight. (h) The administrator may require from each treasurer a registration report and at appropriate times a report stating the amount and location of each deposit together with other information deemed necessary by the administrator for ef- fective operation of this article. The facts recited in any report from a treasurer to the administrator are conclusively presumed to be true for the single purpose of the administrator fulfilling responsibilities assigned to him or her by this article and for no other purpose. (i)(1) If, after notice and opportunity for hearing, the administrator finds that any depository or agent of depository has violated or is violating, or that there is reasonable cause to believe that any depository or agent of depository is about to violate, any of the sections specified in subdivision (a) or any regulation or order issued under any of those sections, the administrator may order the depository or agent of depository to cease and desist from the violation or may by order suspend or revoke the authorization of the agent of depository. The order may require the depository or agent of depository to take affirmative action to correct any condition resulting from the violation. (2)(A) If the administrator makes any of the findings set forth in paragraph (1) with respect to any depository or agent of depository and, in addition, finds that the vio- lation or the continuation of the violation is likely to seriously prejudice the inter- ests of treasurers, the administrator may order the depository or agent of depository to cease and desist from the violation or may suspend or revoke the authorization of the agent of depository. The order may require the depository or agent of deposi- tory to take affirmative action to correct any condition resulting from the violation. (B) Within five business days after an order is issued under subparagraph (a), the depository or agent of depository may file with the administrator an application for a hearing on the order. The administrator shall schedule a hearing at least 30 days, but not more than 40 days, after receipt of an application for a hearing or within a shorter or longer period of time agreed to by a depository or an agent of depository. If the administrator fails to schedule the hearing within the specified or agreed to time period, the order shall be deemed rescinded. Within 30 days after the hearing, the administrator shall affirm, modify, or rescind the order; otherwise, the order shall be deemed rescinded. The right of a depository or agent of depository to which an order is issued under subparagraph (a) to petition for judicial review of the order shall not be affected by the failure of the depository or agent of depository to apply to the administrator for a hearing on the order pursuant to this subparagraph. 355 Item 11. 101CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (3) Whenever the administrator issues a cease and desist order under paragraph (1) or (2), the administrator may in the order restrict the right of the depository to withdraw securities from a security pool; and, in that event, both the deposi- tory to which the order is directed and the agent of depository which holds the security pool shall comply with the restriction. (4) In case the administrator issues an order under paragraph (1) or (2) suspend- ing or revoking the authorization of an agent of depository, the administrator may order the agent of depository at its own expense to transfer all pooled securi- ties held by it to such agent of depository as the administrator may designate in the order. The agent of depository designated in the order shall accept and hold the pooled securities in accordance with this article and regulations and orders issued under this article. (j) In the discretion of the administrator, whenever it appears to the administra- tor that any person has violated or is violating, or that there is reasonable cause to believe that any person is about to violate, any of the sections specified in sub- division (a) or any regulation or order issued thereunder, the administrator may bring an action in the name of the people of the State of California in the supe- rior court to enjoin the violation or to enforce compliance with those sections or any regulation or order issued thereunder. Upon a proper showing a permanent or preliminary injunction, restraining order, or writ of mandate shall be granted, and the court may not require the administrator to post a bond. (k) In addition to other remedies, the administrator shall have the power and authority to impose the following sanctions for noncompliance with the sec- tions specified in subdivision (a) after a hearing if requested by the party deemed in noncompliance. Any fine assessed pursuant to this subdivision shall be paid within 30 days after receipt of the assessment. (1) Assess against and collect from a depository a fine not to exceed two hundred fifty dollars ($250) for each day the depository fails to maintain with the agent of depository securities as required by Section 53652. (2) Assess against and collect from a depository a fine not to exceed one hundred dollars ($100) for each day beyond the time period specified in subdivision (b) of Section 53663 the depository negligently or willfully fails to file in the office of the administrator a written report required by that section. (3) Assess against and collect from a depository a fine not to exceed one hundred dollars ($100) for each day beyond the time period specified in subdivision (e) that a depository negligently or willfully fails to file in the office of the adminis- trator a written report required by that subdivision. (4) Assess and collect from an agent of depository a fine not to exceed one hun- dred dollars ($100) for each day the agent of depository fails to comply with any of the applicable sections specified in subdivision (a) or any applicable regulation or order issued thereunder. (l)(1) In the event that a depository or agent of depository fails to pay a fine assessed by the administrator pursuant to subdivision (k) within 30 days of receipt of the assessment, the administrator may assess and collect an addi- 356 Item 11. 102 LOCAL AGENCY INVESTMENT GUIDELINES tional penalty of 5 percent of the fine for each month or part thereof that the payment is delinquent. (2) If a depository fails to pay the fines or penalties assessed by the administrator, the administrator may notify local agency treasurers with deposits in the depository. (3) If an agent of depository fails to pay the fines or penalties assessed by the administrator, the administrator may notify local agency treasurers who have authorized the agent of depository as provided in Sections 53649 and 53656, and may by order revoke the authorization of the agent of depository as pro- vided in subdivision (i). (m) The amendments to this section enacted by the Legislature during the 1999– 2000 Regular Session shall become operative on January 1, 2001. 53663 (a) Each agent of depository shall report in writing to the administrator within two business days after any withdrawal, substitution or addition of pooled se- curities and shall state the name and market value of the securities withdrawn, substituted or added together with the total deposits then secured by the pool. This information shall be available from the administrator to the treasurer upon request. (b) Each depository shall report in writing to the administrator weekly, giving the total amount of all deposits held by the depository pursuant to this article. The report shall be as of close of business on Wednesday of each week and shall be delivered to the office of the administrator, deposited in the United States mail, postage prepaid, or delivered electronically via email, or other electronic means approved by the administrator, addressed to the office of the administra- tor, within five business days. Where there has occurred no change in the deposits required to be held by the depository pursuant to this article, the report required by this subdivision need only state that fact. 53664 The individual reports specified in Sections 53654, 53660, 53661, and 53663 are not public documents and are not open to inspection by the public. 53665 If a depository fails to pay all or part of the deposits of a local agency secured by pooled securities in accordance with the contract provided for in Section 53649, and on demand of its treasurer or other authorized official and the treasurer files a report with the administrator, or if the depository fails: (a) In case the pooled securities consist of securities other than securities of the class described in subdivision (p) of Section 53651, the administrator shall order the agent of depository holding the pooled securities to convert into money that portion of the pooled securities necessary to produce an amount equal to the sum of (i) the deposits of the local agency, (ii) any accrued interest 357 Item 11. 103CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION due on the deposits, and (iii) the reasonable expenses of the agent of depository in complying with the order of the administrator and to pay the sum of items (i) and (ii) to the treasurer in satisfaction of the deposits. The agent of deposi- tory shall be reimbursed out of the proceeds of the conversion for its reason- able expenses in complying with the order of the administrator, as approved by the administrator. Any excess moneys resulting from the conversion shall be retained by the agent of depository as part of the securities pool until the depository substitutes for the excess moneys securities having a market value sufficient to bring the total of pooled securities up to the amount required by Section 53652. (b) In case the pooled securities consist of a security of the class described in subdivision (p) of Section 53651, the administrator shall draw on the letter of credit an amount equal to the sum of (i) the deposits of the local agency, (ii) any accrued interest on the deposits, and (iii) the reasonable expenses of the adminis- trator in paying the deposits and pay the sum of items (i) and (ii) to the treasurer in satisfaction of the deposits. 53666 The only liability that shall attach to the administrator as the result of the opera- tion of this article is that which would attach as a result of other laws of this state. 53667 (a) Expenses incurred by the administrator in carrying out the duties and respon- sibilities assigned to the administrator by the sections specified in subdivision (a) of Section 53661, shall be borne by the Local Agency Deposit Security Fund, which is hereby created and continuously appropriated to the administrator for the administration of the sections specified in subdivision (a) of Section 53661. This fund shall consist of fines levied pursuant to Section 53661, fees collected pursuant to the sections specified in subdivision (a) of Section 53661, and assess- ments levied pursuant to this section. (b) Each fiscal year the administrator shall levy an assessment on a pro rata basis on those depositories which at any time during the preceding fiscal year held local agency deposits. The total assessment levied on all of those deposito- ries shall be in an amount which, when added to the amount of fines and fees that the administrator estimates will be collected during the fiscal year when the assessment is levied, is sufficient in the judgment of the administrator to meet the expenses of the administrator in administering the sections specified in subdivision (a) of Section 53661 and to provide a reasonable reserve for contingencies. The basis of the apportionment of the assessment among the depositories assessed shall be the proportion that the average amount of local agency deposits held by each of those depositories bears to the average total amount of local agency deposits held by all of those depositories as shown by the reports of depositories to the administrator for the preceding fiscal year, as required in subdivision (e) of Section 53661; provided, however, that the amount of the assessment levied on each of those depositories shall be not less than twenty-five dollars ($25). 358 Item 11. 104 LOCAL AGENCY INVESTMENT GUIDELINES (c) The administrator shall notify each depository by mail of the amount levied against it. The depository shall pay the amount levied within 20 days after such notice into the Local Agency Deposit Security Fund for the admin- istration of the sections specified in subdivision (a) of Section 53661. If pay- ment is not made to the administrator within such time, the administrator shall assess and collect, in addition to the annual assessment, a penalty of 5 percent of the assessment for each month or part thereof that the payment is delinquent. If a depository fails to pay the assessment or penalties assessed by the administrator, the administrator may notify local agency treasurers with deposits in the depository. 53669 The treasurer or other authorized official is not responsible for money while it is deposited pursuant to this article. 53676 The treasurer is not responsible for securities delivered to and receipted for by any bank, savings and loan association, credit union, federally insured industrial loan company, or trust company. 53678 The charges for the handling and safekeeping of any such securities are not a charge against the treasurer but shall be paid by the depository owning the securities. 53679 So far as possible, all money belonging to a local agency under the control of any of its officers or employees other than the treasurer shall, and money deposited as bail coming into the possession of a judge or officer of a superior court may, be deposited as active deposits in the state or national bank, inactive deposits in the state or national bank or state or federal association, federal or state credit union, or federally insured industrial loan company in this state selected by the officer, employee, or judge of the court. For purposes of this section, an officer or em- ployee of a local agency and a judge or officer of a superior court are prohibited from depositing local agency funds or money coming into their possession into a state or federal credit union if an officer or employee of the local agency, or a judge or officer of a superior court, also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or su- pervisory committee, of the particular state or federal credit union. That money is subject to this article except: (a) Deposits in an amount less than that insured pursuant to federal law are not subject to this article. For deposits in excess of the amount insured under any federal law a contract in accordance with Section 53649 is required and the provisions of this article shall apply. 359 Item 11. 105CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (b) Interest is not required on money deposited in an active deposit by a judge or officer of a superior court. (c) Interest is not required on money deposited in an active deposit by an officer having control of a revolving fund created pursuant to Chapter 2 (commencing with Section 29300) of Division 3 of Title 3. (d) Interest is not required on money deposited in an active deposit by an officer having control of a special fund established pursuant to Article 5 (commencing with Section 29400) or Article 6 (commencing with Section 29430) of Chapter 2 of Division 3 of Title 3. 53679.1 Notwithstanding any other provision of law, the accounting practices of each county utilized prior to the effective date of this section relating to interest on trust funds shall be deemed appropriate and to have been made under the direc- tion of the board of supervisors of that county. This section is declaratory of the law in existence prior to the enactment of this section. 53680 A tax collector of a local agency shall immediately deposit with the treasurer all money under his control, unless he deposits the money in a depositary pursuant to this article under permission and instructions of the treasurer having authority to make such deposit. 53681 An officer or employee of a local agency who deposits money belonging to, or in the custody of, the local agency in any other manner than that prescribed in this article is subject to forfeiture of his office or employment. 53682 Notwithstanding any other provision in this article except Section 53652, the treasurer may deposit moneys in and enter into contracts with any depository, as defined in subdivision (c) of Section 53630, for services to be rendered by that depository that in the treasurer’s judgment are to the public advantage. One copy of each contract entered into under this section shall be filed with the auditor or corresponding officer of the local agency. The contract shall: (a) Fix the duration of compensating deposits, if any. (b) Fix the interest rate of that compensating deposit, if any. (c) Specify the services to be rendered by the depository. (d) Indicate whether the depository shall bear the expenses of transportation of the money to and from the depository. (e) Fix the consideration payable by the agency for such services. 360 Item 11. 106 LOCAL AGENCY INVESTMENT GUIDELINES (f) Specify who may deposit moneys into the treasurer’s active account and how those persons are to make those deposits. 53683 Notwithstanding any other provision in this article, the consideration payable by the agency as specified in subdivision (e) of Section 53682 shall be paid by the treasurer by applying such consideration as costs applied on a pro rata basis against the interest earned by all the agencies for which the treasurer invests. 53684 (a) Unless otherwise provided by law, if the treasurer of any local agency, or other official responsible for the funds of the local agency, determines that the local agency has excess funds which are not required for immediate use, the treasurer or other official may, upon the adoption of a resolution by the legislative or gov- erning body of the local agency authorizing the investment of funds pursuant to this section and with the consent of the county treasurer, deposit the excess funds in the county treasury for the purpose of investment by the county trea- surer pursuant to Section 53601 or 53635, or Section 20822 of the Revenue and Taxation Code. (b) The county treasurer shall, at least quarterly, apportion any interest or other increment derived from the investment of funds pursuant to this sec- tion in an amount proportionate to the average daily balance of the amounts deposited by the local agency and to the total average daily balance of de- posits in the investment pool. In apportioning and distributing that interest or increment, the county treasurer may use the cash method, the accrual method, or any other method in accordance with generally accepted account- ing principles. Prior to distributing that interest or increment, the county treasurer may deduct the actual costs incurred by the county in administering this section in proportion to the average daily balance of the amounts depos- ited by the local agency and to the total average daily balance of deposits in the investment pool. (c) The county treasurer shall disclose to each local agency that invests funds pur- suant to this section the method of accounting used, whether cash, accrual, or other, and shall notify each local agency of any proposed changes in the accounting method at least 30 days prior to the date on which the proposed changes take effect. (d) The treasurer or other official responsible for the funds of the local agency may withdraw the funds of the local agency pursuant to the procedure specified in Section 27136. (e) Any moneys deposited in the county treasury for investment pursuant to this section are not subject to impoundment or seizure by any county official or agency while the funds are so deposited. (f) This section is not operative in any county until the board of supervisors of the county, by majority vote, adopts a resolution making this section operative in the county. 361 Item 11. 107CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (g) It is the intent of the Legislature in enacting this section to provide an alternative procedure to Section 51301 for local agencies to deposit money in the county treasury for investment purposes. Nothing in this section shall, therefore, be construed as a limitation on the authority of a county and a city to contract for the county treasurer to perform treasury functions for a city pursuant to Section 51301. 53686 (a) Any audit conducted relating to the investment of local agency funds and other funds by the county treasurer in the county fund maintained pursuant to Section 53684 shall be rendered to the depositary, the auditor, the controller, the secretary, or the corresponding officer of the local agency, the treasurer or other official responsible for the funds of any local agency that has funds on deposit in the county treasury, and the presiding judge of any superior court that has ordered, pursuant to Section 3412, Section 3413, or Section 3611 of the Probate Code, that assets of an estate be deposited with the county treasurer for deposit or investment. (b) Any report rendered pursuant to Section 53646 shall be provided to the trea- surer or other official responsible for the funds of any local agency that has funds on deposit in the county treasury. Government Code Section 53820 – 53821.5 53820 As used in this article, “local agency” means county, city, regional park district, school district, community college district, or any other municipal or public cor- poration or district. 53821. Subsequent to approval of the final budget and levy of taxes, if funds are needed for the immediate requirements of a local agency in any fiscal year to pay obliga- tions lawfully incurred in the fiscal year and before the receipt of income for the fiscal year sufficient to meet the payments, money may be borrowed by: (a) The legislative body of a county on the recommendation of the auditor and treasurer. (b) The legislative body of the county having the largest area within the regional park district on the recommendation of the auditor and treasurer. (c) A school district, county board of education, or community college district on the request of two-thirds of the members of its governing board, approved by the county auditor and treasurer. 362 Item 11. 108 LOCAL AGENCY INVESTMENT GUIDELINES (d) A regional park district on the request of four-fifths of the members of its legislative body, approved by the auditor and treasurer of the county having the largest area within the district. (e) The legislative body of a city on the recommendation of the city treasurer and chief accounting officer. (f) The legislative body of any other municipal or public corporation or dis- trict on the recommendation of the officers performing the functions of audi- tor and treasurer. 53821.5 Proceeds of sales or funds set aside for the repayment of any notes issued pursuant to this article shall not be invested for a term that exceeds the term of the notes. Government Code Section 53840-53841.5 53840 It is hereby declared the intention of the Legislature by the enactment of this article to provide an alternative procedure under which short term loans may be procured by those counties in which the board of supervisors has declared it to be county policy to make advances of current operating requirements to subsidiary political subdivisions required by law to deposit their funds in the county treasury as such advances are authorized by the provisions of Section 25 of Article XIII of the State Constitution. In any such county the board of supervisors, upon recommendation of the county treasurer with the approval of the county auditor, may borrow on July 1st or thereafter such amounts as may be required to meet current obligations payable by the county treasury, pending collection of the revenue provided for the year in progress. Amounts so borrowed shall be evidenced by notes signed by the chairman of the board of supervisors, the county auditor and the county treasurer, and the liability created thereby shall be secured by a lien on all revenue to accrue to the county treasury from any source during the year then in progress. 53841 Any amounts borrowed by a county as provided in the preceding section shall not exceed 85 percent of the total of taxes levied for all purposes on said county’s tax roll for the next preceding fiscal year, and at no time during the year for which borrowed shall the unpaid total of the amounts so borrowed as shown by the auditor’s accounts at the close of any month be allowed to remain at more than 85 percent of the uncollected balance of taxes for the current year as shown by said accounts. 363 Item 11. 109CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION 53841.5 Proceeds of sales or funds set aside for the repayment of any notes issued pursuant to this article shall not be invested for a term that exceeds the term of the notes. Government Code Section 53850-53851.5 53850 (a) As used in this article, “local agency” means a county, city and county, city, school district of any type, community college district, county board of educa- tion, or any other municipal or public corporation or district. (b) For purposes of this article only, “local agency” also includes a charter school. This subdivision does not make a charter school a local agency for any purpose other than for this article. 53851 The powers conferred by this article are in addition to and an alternative to any power conferred by any other law for borrowing by a local agency and any amount borrowed hereunder shall not be considered in any limitation on the amount which may be borrowed by any such local agency under any other law. 53852 On or after the first day of any fiscal year a local agency may borrow money pursuant to this article, the indebtedness to be represented by a note or notes issued to the lender pursuant to this article. The money borrowed may be used and expended by the local agency for any purpose for which the local agency is authorized to use and expend moneys, including but not limited to current ex- penses, capital expenditures, investment and reinvestment, and the discharge of any obligation or indebtedness of the local agency. 53852.5 Proceeds of sales or funds set aside for the repayment of any notes issued pursuant to this article shall not be invested for a term that exceeds the term of the notes. Government Code Section 53859-53859.02 53859 As used in this article: (a) “local agency” means county, city and county, city, school district, community college district, or any other municipal or public cor- poration or district. 364 Item 11. 110 LOCAL AGENCY INVESTMENT GUIDELINES (b) “Grant anticipation note” means a note issued upon the security of speci- fied accounts receivable from state or federal governments, including, without limitation, grants, loans, or a combination of both, for which funds have been appropriated and committed to a local agency. (c) “Loan” includes, but is not limited to, a borrowing by a local agency repre- sented or to be represented by bonds of a local agency. 53859.01 The powers conferred by this article are in addition to an alternative to any pow- ers conferred by any other law for borrowing by a local agency and any amount borrowed hereunder shall not be considered in any limitation on the amount which may be borrowed by any such local agency under any other law. 53859.02 (a) A local agency may borrow money pursuant to this article, the indebtedness to be represented by a grant anticipation note or notes issued to the lender pursu- ant to this article. The money borrowed may be used and expended by the local agency solely for the purpose for which the grant or loan is to be received. (b) Proceeds of sales or funds set aside for the repayment of any notes issued pursuant to this article shall not be invested for a term that exceeds the term of the notes. Government Code Section 57600-57607 57600 For purposes of this division: (a) “Local financial institution” means a certified community development financial institution, a credit union, as defined in Section 165 of the Financial Code, or a small bank or an intermediate small bank, as defined in Section 25.12 of Title 12 of the Code of Federal Regulations. (b) (1) “Public bank” means a corporation, organized under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) or the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code) for the purpose of engaging in the commercial banking business or industrial banking business, that is wholly owned by a local agency, local agencies, or a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1) that is composed only of local agencies. (2) A local agency located within a county with a population of less than 250,000 may organize a public bank only if it does so as part of a joint powers authority formed for those purposes. 365 Item 11. 111CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (3) For purposes of paragraph (2), population shall be based on the most recent estimate of population data determined by the Demographic Research Unit of the Department of Finance. (c) “Public bank license” means a certificate of authorization to transact business as a bank as described in Section 1042 of the Financial Code. 57601 (a) If a public bank is organized as a nonprofit mutual benefit corporation, the articles of incorporation shall include the following purpose statement: “This corporation is a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corporation Law as a public bank. The purpose of the corporation is to engage in the commercial banking business or industrial banking business and any other lawful activities which are not prohibited to a public bank by applicable laws or regulations.” (b) If a public bank is organized as a nonprofit public benefit corporation, the articles of incorporation shall include the following purpose statement: “This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for the public purpose of engaging in the commercial banking business or industrial banking business as a public bank.” (c) Notwithstanding Sections 5410 and 7411 of the Corporations Code, a public bank may make distributions to its members. (d) All provisions of law applicable to nonprofit corporations generally, including, but not limited to, the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code) shall apply to public banks. Whenever a provision of this division applicable to public banks is inconsistent with a provision of law applicable to nonprofit mutual benefit corporations or nonprofit public benefit corporations generally, the provision of this division shall apply, and the inconsistent provision of law applicable to nonprofit mutual benefit corporations or nonprofit public benefit corporations generally shall not apply to a public bank. 57602 (a) A public bank shall obtain and maintain deposit insurance provided by the Federal Deposit Insurance Corporation under the Federal Deposit Insurance Act (12 U.S.C. Sec. 1811 et seq.). (b) In seeking and retaining insurance, a public bank may do all things and assume and discharge all obligations required of it that are not in conflict with state law. 57603 (a) Before engaging in business, a public bank shall obtain a certificate of authorization to transact business as a bank pursuant to Division 1.1 of the Financial Code (commencing with Section 1000). 366 Item 11. 112 LOCAL AGENCY INVESTMENT GUIDELINES (b) A local agency shall comply with the requirements of Section 53638 with respect to its deposits in a public bank unless, with the prior approval of the Commissioner of Business Oversight, the public bank and the local agency depositor agree otherwise. (c) Notwithstanding Section 23010, a county may lend any of its available funds to any public bank. (d) Notwithstanding Section 53601, any local agency that does not pool money in deposits or investments with other local agencies that have separate governing bodies may invest in debt securities or other obligations of a public bank. (e) Notwithstanding Section 53635, any local agency that pools money in deposits or investments with other local agencies, including local agencies that have the same governing body, may invest in debt securities or other obligations of a public bank. (f) Notwithstanding Section 53635.2, a public bank shall be eligible to receive local agency money. 57604 (a) As used in this section: (1) “Conducted in partnership with” means pursuant to a written agreement with a local financial institution to provide financial products and services to the public located within the jurisdiction of the public bank. (2) “Infrastructure lending” means granting a loan or extending credit to a local agency for the purpose of building or improving public infrastructure, including housing projects, as defined in Section 34212 of the Health and Safety Code, and affordable housing, as defined in subdivision (a) of Section 62250. (3) “Local agency banking” means providing any of the following services to a local agency: (A) Accepting a deposit of any kind. (B) Granting a loan or extension of credit of any kind. (4) “Participation lending” means purchasing or selling an interest in a loan or loans originated by or sold to a local financial institution, or originating, leading, or directing a loan transaction involving a local financial institution pursuant to a written agreement with the local financial institution. (5) “Person” means a person as defined in Section 127 of the Financial Code, except that a person does not mean a local agency as defined in Section 50001 of the Government Code, but includes any individual employed by a local agency. (6) “Retail activities” means providing any kind of financial product or service to a person that is typically offered or provided by a local financial institution, including, but not limited to, all of the following: 367 Item 11. (A) Accepting a deposit of any kind from a person, including the issuance of shares by a credit union. (B) Granting a loan or extension of credit, of any kind, to a person. (7) “Wholesale lending” means granting a loan or extension of credit to a local financial institution. (b) Except as provided in paragraph (2) of subdivision (c), a public bank shall conduct retail activities in partnership with local financial institutions and shall not compete with local financial institutions. (c) A public bank may do both of the following: (1) Engage in all of the following banking activities: (A) Local agency banking. (B) Infrastructure lending. (C) Wholesale lending. (D) Participation lending. (2) Engage in retail activities without partnering with a local financial institution, if those retail activities are not offered or provided by local financial institutions in the jurisdiction of the local agency or agencies that own the public bank. 57605 For the purposes of Section 1280 of the Financial Code, any person or entity, including a local agency, that owns, controls, or holds an ownership interest in a public bank is not a bank holding company by reason of that ownership interest. 57606 (a) Before submitting an application to organize and establish a public bank pursuant to Section 1020 of the Financial Code, a local agency shall conduct a study to assess the viability of the proposed public bank. The study shall include, but is not limited to, all of the following elements: (1) A discussion of the purposes of the bank including, but not limited to, achieving cost savings, strengthening local economies, supporting community economic development, and addressing infrastructure and housing needs for localities. (2) A fiscal analysis of costs associated with starting the proposed public bank. (3) An estimate of the initial amount of capital to be provided by the local agency to the proposed public bank. (4) Financial projections, including a pro forma balance sheet and income statement, of the proposed public bank for at least the first five years of operation. The financial projections shall include an estimate of the time period for when 368 Item 11. 114 LOCAL AGENCY INVESTMENT GUIDELINES expected revenues meet or exceed expected costs and an estimate of the total operating subsidy that the local agency may be required to provide until the proposed public bank generates sufficient revenue to cover its costs. In addition to projections that assume favorable economic conditions, the analysis shall also include a downside scenario that considers the effect of an economic recession on the financial results of the proposed public bank. The projections may include the downside scenario of continuing to do business with the local government’s current banker or bankers. (5) A legal analysis of whether the proposed structure and operations of the public bank would likely comply with Section 6 of Article XVI of the California Constitution, but nothing herein shall compel the waiver of any attorney-client privilege attaching to that legal analysis. (6) An analysis of how the proposed governance structure of the public bank would protect the bank from unlawful insider transactions and apparent conflicts of interest. (b) The study may include any of the following elements: (1) A fiscal analysis of benefits associated with starting the proposed public bank, including, but not limited to, cost savings, jobs created, jobs retained, economic activity generated, and private capital leveraged. (2) A qualitative assessment of social or environmental benefits of the proposed public bank. (3) An estimate of the fees paid to the local agency’s current banker or bankers. (4) A fiscal analysis of the costs, including social and environmental, of continuing to do business with the local agency’s current banker or bankers. (c) (1) The study required by subdivision (a) shall be presented to and approved by the governing body of the local agency, and a motion to move forward with an application for a public banking charter shall be approved by a majority vote of the governing body at a public meeting prior to the local agency submitting an application pursuant to Section 1020 of the Financial Code. In addition, the local agency shall include a copy of the study required by subdivision (a) in the application submitted to the Commissioner of Business Oversight. (2) Before the local agency submits an application pursuant to Section 1020 of the Financial Code, the motion to move forward with an application for a public banking charter shall be subject to voter approval at the next regularly scheduled election held at least 180 days following the vote of the governing body. (3) The voter approval requirement described in paragraph (2) shall apply to a local agency entering into a joint powers authority formed pursuant to the Joint Exercise of Powers Act (Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1) after the study required in subdivision (a) has been completed and before submitting an application to organize and establish a public bank pursuant to Section 1020 of the Financial Code. (4) As used in paragraphs (2) and (3), “local agency” does not include a charter city. 369 Item 11. 115CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION (d) The local agency shall make available to the public the financial models and key assumptions used to estimate the elements described in paragraphs (2) through (4) of subdivision (a) before presenting the study to the governing body of the local agency as required by subdivision (c). 57607 (a) The Commissioner of Business Oversight shall not issue more than two public bank licenses in a calendar year. (b) The Commissioner of Business Oversight shall not issue a public bank license if issuing that public bank license would cause there to be more than 10 public banks authorized to transact business pursuant to Division 1.1 (commencing with Section 1000) of the Financial Code. (c) The Commissioner of Business Oversight shall conduct a study of public banking in California within two years after the date upon which the commissioner issues the 10th public bank license. (d) The Commissioner of Business Oversight shall not issue a public bank license after the expiration of a period of seven years from the date upon which the commissioner first promulgates regulations for the purpose of carrying out the commissioner’s duties under this division. 370 Item 11. 371 Item 11. 117 Glossary A ACTIVE MANAGEMENT STRATEGY Investment strategy based on a manag- er or a team of managers actively man- aging a fund's portfolio with the goal of outperforming benchmarks through analytical research, forecasts, and their own judgment and experience. ACCRETION The accumulation of value that occurs during the duration or time between a bond's issuance and maturity. ACCRUED INTEREST Coupon interest accumulated on a bond or note since the last interest payment or, for a new issue, from the dated date to the date of delivery. AMORTIZATION OF COSTS Reconciliation of the purchase price of a security and par value resulting in net interest. ARBITRAGE Transactions by which securities are bought and sold in different markets at the same time for the sake of the profit arising from a yield difference in the two markets. The 1986 Tax Reform Act made this practice by municipalities illegal solely as a bor- rowing tactic, except under certain safe-harbor conditions. ASSET ALLOCATION The division of an investment port- folio among different asset categories, such as stocks, bonds, and cash. ASSET-BACKED SECURITIES Securities that are supported by pools of assets, such as installment loans or leases, or by pools of revolv- ing lines of credits. Asset-backed securities are structured as trusts in order to perfect a security interest in the underlying assets. AVERAGE An arithmetic mean of selected stocks intended to represent the behavior of the market or some component of it. B BANK DEPOSITS Deposits in banks or other deposi- tory institutions that may be in the form of demand accounts (checking) or investments in accounts that have a fixed term and negotiated rate of interest. BANK NOTES A senior, unsecured, direct obliga- tion of a bank or U. S. branch of a foreign bank. 372 Item 11. 118 LOCAL AGENCY INVESTMENT GUIDELINES BANKERS’ ACCEPTANCE A draft or bill or exchange accepted by a bank or trust company. The accepting institution, as well as the issuer, guarantees payment of the bill. BASIS POINTS Refers to the yield on bonds. Each percentage point of yield in bonds equals 100 basis points (1/100% or 0.01%). If a bond yield changes from 7.25% to 7.39%, that is a rate of 14 basis points. BENCHMARK A passive index used to compare the performance, relative to risk and return, of an investor’s portfolio. BOND PROCEEDS The money paid to the issuer by the purchaser or underwriter of a new issue of municipal securities. These moneys are used to finance the project or purpose for which the securities were issued and to pay certain costs of issuance as may be provided in the bond contract. BONDS A debt obligation of a firm or public entity. A bond represents the agree- ment to repay the debt in principal and, typically, in interest on the principal. BOOK RETURN Book return includes interest, amor- tization/accretion of premiums/dis- counts, realized gains and losses, over a given period of time. BOOK VALUE The value at which an asset is carried on a balance sheet. BROKER A person or firm that acts as an in- termediary by purchasing and selling securities for others rather than for its own account. BUY AND HOLD STRATEGY A strategy based on holding all securi- ties until maturity, regardless of fluc- tuations in the market. C CALL OPTION The terms of the bond contract giving the issuer the right to redeem or call an outstanding issue of bonds prior to its stated date of maturity. CALL RISK The risk to a bondholder that the bond issuer will exercise a callable bond feature and redeem the issue prior to maturity. CALLABLE SECURITIES An investment security that contains an option allowing the issuer to retire the security prior to its final maturity date. CASH FLOW A comparison of cash receipts (rev- enues) to required payments (debt service, operating expenses, etc.). CERTIFICATE OF DEPOSIT A short-term, secured deposit in a fi- nancial institution that usually returns principal and interest to the lender at the end of the loan period. Certifi- cates of Deposit (CDs) differ in terms of collateralization and marketability. Those appropriate to public agency investing include: 373 Item 11. 119CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION Negotiable Certificates of Deposit Generally, short-term debt instru- ment that usually pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. The majority of nego- tiable CDs mature within six months while the average maturity is two weeks. Negotiable CDs are traded in a secondary market and are payable upon order to the bearer or initial depositor (investor). Negotiable CDs are insured by FDIC up to $250,000, but they are not collateral- ized beyond that amount. Non-Negotiable Certificates of Deposit CDs that carry a penalty if redeemed prior to maturity. A secondary mar- ket does exist for non-negotiable CDs, but redemption includes a transaction cost that reduces returns to the investor. Non-negotiable CDs issued by banks and savings and loans are insured by the Federal Deposit Insurance Corporation up to the amount of $250,000, includ- ing principal and interest. Amounts deposited above this amount may be secured with other forms of collateral through an agreement between the investor and the issuer. Collateral may include other securities includ- ing Treasuries or agency securities such as those issued by the Federal National Mortgage Association. CDARS (CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SYSTEM) A private CD placement service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution (must be a participating institution of CDARS) while still maintaining FDIC insur- ance coverage. CDARS is currently the only entity providing this service. CDARS facilitates the trading of deposits between the California insti- tution and other participating institu- tions in amounts that are less than $250,000 each, so that FDIC cover- age is maintained. CD PLACEMENT SERVICE A service that allows local agencies to purchase more than $250,000 in CDs from a single financial institution while still maintaining FDIC insur- ance coverage. See “CDARS”. COLLATERALIZATION OF DEPOSITS Process by which a bank or financial institution pledges securities, or other deposits for the purpose of securing the repayment of deposited funds. COMMERCIAL PAPER An unsecured short-term promissory note issued by corporations or munici- palities, with maturities ranging from 2 to 270 days. CONVEXITY A measure of the price sensitivity of a fixed income security to changes in interest rates. Convexity is influenced by such factors as the coupon rate, maturity, and any call options that may or may not exist. Prices rise at increas- ing rates as yields fall and prices decline at decreasing rates as yields rise. CORPORATE NOTES AND BONDS Debt instruments, typically unse- cured, issued by corporations, with original maturities in most cases greater than one year and less than ten years. 374 Item 11. 120 LOCAL AGENCY INVESTMENT GUIDELINES COUNTY POOLED INVESTMENT FUNDS The aggregate of all funds from public agencies placed in the custody of the county treasurer or chief finance of- ficer for investment and reinvestment. COUPON The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value; a certificate attached to a bond evidenc- ing interest due on a payment date. CREDIT RATING Various alphabetical and numerical designations used by credit rating or nationally recognized statistical rating organizations (NRSROs), institutional investors, Wall Street underwriters, and commercial rating companies to give relative indications of bond and note creditworthiness. Long-term Ratings The three most commonly used NRSROs are Standard & Poor's, Fitch Ratings, and Moody's. Stan- dard & Poor’s and Fitch Ratings use the same system, starting with their high¬est rating, of AAA, AA, A, BBB, BB, B, CCC, CC, C, and D for default. Moody’s Investors Service uses Aaa, Aa, A, Baa, Ba, B, Caa, and Ca. Each of the services use pluses (+), minuses (-), or nu- merical modifiers to indicate steps within each category. The S&P rat- ings from AA to CCC may be modi- fied by the addition of a plus (+) or minus (-) sign to show relative standing within the major rating categories. Moody's appends nu- merical modifiers 1, 2, and 3 to each generic rating classification from Aa through Caa. The modifier 1 indi- cates that the obligation ranks in the higher end of its generic rating category; the modifier 2 indicates a mid-range ranking; and the modifier 3 indicates a ranking in the lower end of that generic rating category. The top four letter categories are considered investment grade ratings. Short-term Ratings Standard & Poor's short-term ratings system is A-1+, A-3, B, C, and / for default. Fitch Ratings use F1+, F3, B, C, and / for default. Finally, Moody's uses P1 and P3, anything below P3 is considered not prime. CREDIT RISK The chance that an issuer will be un- able to make scheduled payments of interest and principal on an outstand- ing obligation. Another concern for investors is that the market’s percep- tion of an issuer/borrower’s credit will cause the market value of a security to fall, even if default is not expected. CUSIP NUMBER The Committee on Uniform Security Information Procedures (CUSIP) Number refers to a security’s identifica- tion number assigned to each publicly traded security by the CUSIP Service Bureau operated by Standard & Poor’s for the American Bankers Association. The CUSIP Number is a nine-charac- ter identifier unique to the issuer, the specific issue and the maturity, if appli- cable (the first six characters identifying the issuer, the next two identifying the security and the last digit providing a check digit to validate the accuracy of the preceding CUSIP number). CUSTODIAN A bank or other financial institution that keeps custody of stock certificates and other assets. 375 Item 11. 121CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION D DEALER Someone who acts as a principal in all transactions, including underwriting, buying, and selling securities, includ- ing from his/her own account. DEFAULT RISK The risk that issuers/borrowers will be unable to make the required payments on their debt obligations. DEFEASED BOND ISSUES Issues that have sufficient money to retire outstanding debt when due so that the agency is released from the contracts and covenants in the bond document. DELIVERY VS. PAYMENT (DVP) The payment of cash for securities as they are delivered and accepted for settlement. DERIVATIVE Securities that are based on, or derived from, some underlying asset, reference date, or index. DISCOUNT Discount means the difference be- tween the par value of a security and the cost of the security, when the cost is below par. Investors purchase securities at a discount when return to the investor (yield) is higher than the stated coupon (interest rate) on the investment. DISCOUNT RATE The interest rate used in discounted cash flow (DCF) analysis to determine the present value of future cash flows. The discount rate in DCF analysis takes into account not just the time value of money, but also the risk or uncertainty of future cash flows; the greater the uncertainty of future cash flows, the higher the discount rate. DIVERSIFICATION The allocation of different types of as- sets in a portfolio to mitigate risks and improve overall portfolio performance. DURATION A measure of the timing of the cash flows to be received from a security that provides the foundation for a measure of the interest rate sensitiv- ity of a bond. Duration is a volatil- ity measure and represents the ap- proximate percentage change in price divided by the percentage change in interest rates. A high duration mea- sure indicates that for a given level of movement in interest rates, prices of securities will vary considerably. E EFFECTIVE DURATION Duration measures the weighted aver- age of the present value of the cash flows of a fixed-income investment. Effective duration measures the price sensitivity of fixed-income investments, especially for those with embedded option features such as call options. As yields rise, the effective duration of a callable investment rises to reflect the fact that it has become less likely to be called. The more rates rise, the longer the effective duration will become, approaching the duration to maturity. The converse is true in a declining interest rate environment (that is, the more rates fall, the shorter the effective duration will become, approaching the duration to call). For securities without an embedded option, the duration to call, maturity, and effective duration 376 Item 11. 122 LOCAL AGENCY INVESTMENT GUIDELINES are all the same. The calculation for effective duration is complicated and involves averaging the duration under a simulation of many possible interest rate scenarios in the future. EVENT RISK The risk associated with a changing portfolio value due to a market event causing swings in market prices and/ or spreads. EXTENDABLE NOTES Securities with maturity dates that can be extended by mutual agree- ment between the issuer and inves- tor. When investing in these types of securities, the maturity date plus the stated extendable option must not exceed the time frames that are allowed in California Government Code or the investment policy for the investment type. F FIDUCIARY An individual who holds something in trust for another and bears liability for its safekeeping. FIRST TIER SECURITIES Securities that have received short- term debt ratings in the highest cat- egory from the requisite nationally recognized statistical-rating organiza- tions (NRSROs), or are comparable unrated securities, or are issued by money market funds, or government securities. [See SEC Rules: Paragraph (A)(12) of rule 2A-7.] FLOATING RATE SECURITY A security that has a variable or “float- ing” interest rate. G GOVERNMENT ACCOUNTING STANDARDS BOARD (GASB) A standard-setting body, associ- ated with the Financial Accounting Foundation, which prescribes stan- dard accounting practices for gov- ernmental units. GOVERNMENT SPONSORED ENTERPRISES (GSE) Privately held corporations with public purposes created by the U.S. Congress to reduce the cost of capital for certain borrowing sectors of the economy. Securities issued by GSEs carry the implicit backing of the U.S. Government, but they are not direct obligations of the U.S. Government. For this reason, these securities will of- fer a yield premium over Treasuries. GUARANTEED INVESTMENT CONTRACT (GIC) An agreement acknowledging receipt of funds for deposit, specifying terms for withdrawal, and guaranteeing a rate of interest to be paid. I IRMA An independent registered munici- pal advisor (IRMA) is registered as a municipal advisor with the SEC and MSRB and has a fiduciary duty to the issuer(s) that he/she advises on the issu- ance of municipal securities and invest- ment of the proceeds of issued debt. IRMA EXEMPTION Pursuant to the Municipal Advisor Rule (MA Rule), underwriters may provide advice to municipal issu- ers only where certain exceptions or 377 Item 11. 123CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION exemptions apply. The Independent Registered Municipal Advisor Exemp- tion (IRMA Exemption) applies where: (1) the issuer has retained an IRMA that is not recently associated (within the last two years of seeking to use the exemption) with the underwriter, (2) the underwriter receives a written notice from the issuer that they are represented by the IRMA and will rely on their advice, and the underwriter can reasonably rely on that notice, and (3) the underwriter provides a written notice to the issuer and IRMA stating that the underwriter is not a municipal advisor and has no fiduciary duty to the issuer, and the issuer must have adequate time to review that notice. INDEX An index is an indicator that is pub- lished on a periodic basis that shows the estimated price and/or yield levels for various groups of securities. INTEREST The amount a borrower pays to a lender for the use of his or her money. INTEREST RATE RISK Interest rate risk is the risk that an investment's value will change due to a change in the absolute level of interest rates, spread between two rates, shape of the yield curve, or any other interest rate relationship. INVESTMENT AGREEMENTS Investment agreements are contracts with respect to funds deposited by an investor. Investment agreements are often separated into those offered by banks and those offered by insurance companies. In the former case, they are sometimes referred to as “bank investment contracts.” INVESTMENT OVERSIGHT COMMITTEE A committee of three to eleven mem- bers formed under Section 27131 to monitor and review a county’s invest- ment policy by causing an annual audit and discussing its finding at an open meeting. Although cities and other local agencies are not required to com- pose an investment oversight commit- tee, the State Legislature has declared that all local agencies “should par- ticipate in reviewing the policies that guide the investment of those funds.” INSTITUTIONAL ACCOUNT As defined by the Financial Industry Regulatory Authority (FINRA), an institutional account includes one of the following: (1) a bank, savings and loan association, insurance company or registered investment company; (2) an investment adviser registered either with the SEC under Section 203 of the Investment Advisers Act or with a state securities commission (or any agency or office performing like func- tions); or (3) any other person (wheth- er a natural person, corporation, part- nership, trust or otherwise) with total assets of at least $50 million. L LIBOR Acronym for “London Interbank Offered Rate,” which represents the average rate at which a leading bank can obtain unsecured funding in the London interbank market. LIBOR serves as a benchmark for various interest rates. Obligations of parties to such transactions are typically expressed as a spread to LIBOR. 378 Item 11. 124 LOCAL AGENCY INVESTMENT GUIDELINES LIQUIDITY The measure of the ability to convert an instrument to cash on a given date at full face or par value. LIQUIDITY RISK The risk that a security, sold prior to maturity, will be sold at a loss of value. For a local agency, the liquidity risk of an individual investment may not be as critical as how the overall liquidity of the portfolio allows the agency to meet its cash needs. LOCAL AGENCY INVESTMENT FUND A voluntary investment fund open to government entities and certain non-profit organizations in Cali- fornia that is managed by the State Treasurer’s Office. LOCAL GOVERNMENT INVESTMENT POOL (LGIP) Investment pools that range from the State Treasurer’s Office Local Agency Investment Fund (LAIF) to county pools, to Joint Powers Authorities (JPA s). These funds are not subject to the same SEC rules applicable to money market mutual funds. M MARKET RISK The chance that the value of a security will decline as interest rates rise. In general, as interest rates fall, prices of fixed income securities rise. Similarly, as interest rates rise, prices fall. Market risk also is referred to as systematic risk or risk that affects all securities within an asset class similarly. MARKET VALUE The price at which a security is trading and presumably could be purchased or sold at a particular point in time. MATURITY The date on which the principal or stated value of an investment becomes due and payable. MEDIUM-TERM NOTE Corporate or depository institution debt securities meeting certain mini- mum quality standards (as specified in the California Government Code) with a remaining maturity of five years or less. MONEY MARKET MUTUAL FUNDS MMF’s are mutual funds that invest exclusively in short-term money market instruments. MMF’s seek the preservation of capital as a primary goal while maintaining a high degree of liquidity and providing income representative of the market for short- term investments. MORTGAGE BACKED SECURITIES Mortgage-backed securities (MBS) are created when a mortgagee or a pur- chaser of residential real estate mort- gages creates a pool of mortgages and markets undivided interests or par- ticipations in the pool. MBS owners receive a prorata share of the interest and principal cash flows (net of fees) that are “passed through” from the pool of mortgages. MBS are complex securities whose cash flow is deter- mined by the characteristics of the mortgages that are pooled together. Investors in MBS face prepayment risk associated with the option of the underlying mortgagors to pre-pay or payoff their mortgage. Most MBS are issued and/or guaranteed by federal 379 Item 11. CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION agencies and instrumentalities (e.g., Government National Mortgage As- sociation (GNMA), Federal National Mortgage Association (FNMA), and Federal Home Loan Mortgage Corpo- ration (FHLMC)). MORTGAGE PASS-THROUGH OBLIGATIONS Securities that are created when residential mortgages (or other mort- gages) are pooled together and undi- vided interests or participations in the stream of revenues associated with the mortgages are sold. MUNICIPAL ADVISOR RULE (MA RULE) A regulation of non-dealer "municipal advisors" such as financial advisors, swap advisors, GIC brokers, etc. In addition, the rule pertains to banks and broker dealers acting as municipal advisors. Municipal advisors have a fiduciary responsibility to the govern- ment agency receiving their services and they must register with the Securi- ties Exchange Commission (SEC). Municipal finance professionals that do not have a fiduciary duty to issuers cannot provide advice to governments unless certain exemptions are met. The SEC has published a list of frequently asked questions: www.sec.gov/info/ municipal/mun-advisors-faqs.pdf. MUNICIPAL NOTES, BONDS, AND OTHER OBLIGATIONS Obligations issued by state and local governments to finance capital and operating expenses. MUTUAL FUNDS An investment company that pools money and can invest in a variety of securities, including fixed-income secu- rities and money market instruments. N NET ASSET VALUE Net asset value (NAV ) is a term used in the mutual fund industry to determine the average price per share of a pool or mutual fund. How this measure var- ies over time provides information on whether the pool is stable or variable. NAV is the market value of all securi- ties in a mutual fund, less the value of the fund’s liabilities, divided by the number of shares in the fund outstand- ing. Shares of mutual funds are pur- chased at the fund’s offered NAV. NET PRESENT VALUE An amount that equates future cash flows with their value in present terms. NEW ISSUE Securities sold during the initial distri- bution of an issue in a primary offer- ing by the underwriter or underwrit- ing syndicate. NOTE A written promise to pay a specified amount to a certain entity on demand or on a specified date. Usually bearing a short-term maturity of a year or less (though longer maturities are issued— see “Medium-Term Note”). O OPTIONS An option is a contract that gives the buyer the right to buy or sell an obli- gation at a specified price for a speci- fied time. Exchange Traded Options are standardized option contracts that are actively traded on the Chi- cago Board of Exchange on a daily basis whereas Over-the-Counter Op- tions are traded directly between the 125 380 Item 11. 126 LOCAL AGENCY INVESTMENT GUIDELINES buyer and seller at agreed upon prices and conditions (the former type of option is therefore more liquid than the latter). P PAR AMOUNT OR PAR VALUE The principal amount of a note or bond which must be paid at matu- rity. Par, also referred to as the “face amount” of a security, is the principal value stated on the face of the security. A par bond is one sold at a price of 100 percent of its principal amount. PLACEMENT SERVICE CERTIFICATES OF DEPOSIT Certificates of deposit placed with a private sector entity that assists in the placement of certificates of de- posit with eligible financial institu- tions located in the United States. PLACEMENT SERVICE DEPOSIT Deposits at depository institutions placed by a private sector placement service entity. PORTFOLIO Combined holding of more than one stock, bond, commodity, real estate investment, cash equivalent, or other asset. The purpose of a portfolio is to reduce risk by diversification. PREMIUM Premium means the difference be- tween the par value of a security and the cost of the security, when the cost is above par. Investors pay a premium to purchase a security when the return to the investor (yield) is lower than the stated coupon (interest rate) on the investment. PRICE Price is the amount of monetary con- sideration required by a willing seller and a willing buyer to sell an invest- ment on a particular date. PRINCIPAL The face value or par value of a debt instrument, or the amount of capital invested in a given security. PROSPECTUS A disclosure document that must be provided to any prospective purchaser of a new securities offering registered with the SEC that typically includes information on the issuer, the issuer’s business, the proposed use of pro- ceeds, the experience of the issuer’s management, and certain certified financial statements (also known as an “official statement”). PRUDENT INVESTOR STANDARD A standard of conduct where a per- son acts with care, skill, prudence, and diligence when investing, re- investing, purchasing, acquiring, exchanging, selling, and managing funds. The test of whether the stan- dard is being met is if a prudent per- son acting in such a situation would engage in similar conduct to ensure that investments safeguard principal and maintain liquidity. PUBLIC BANK A corporation, organized as either a nonprofit mutual benefit corporation or a nonprofit public benefit corpora- tion for the purpose of engaging in the commercial banking business or industrial banking business, that is wholly owned by a local agency, as specified, local agencies, or a joint powers authority. 381 Item 11. 127CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION Q QUALIFIED INSTITUTIONAL BUYER Federal regulations define qualified instructional buyer (QIB) as any of the following entities, acting for its own account or the accounts of other QIBs, that in the aggregate owns and invests on a discretionary basis at least $100 million in securities of issuers that are not affiliated with the entity: insur- ance company, investment company, small business investment company, a plan (established and maintained by a public agency) for the benefit of its employees, employee benefit plan, trust fund (bank or trust company), busi- ness development company, 501(c)(3), investment adviser, and dealer. R REINVESTMENT RISK The risk that interest rates may be lower than the yield on a fixed in- come security when the investor seeks to reinvest interest income or repaid principal from the security. REPURCHASE AGREEMENTS An agreement of one party (for exam- ple, a financial institution) to sell secu- rities to a second party (such as a local agency) and simultaneous agreement by the first party to repurchase the securi- ties at a specified price from the second party on demand or at a specified date. REVERSE REPURCHASE AGREEMENTS An agreement of one party (for ex- ample, a financial institution) to purchase securities at a specified price from a second party (such as a public agency) and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. RISK The uncertainty of maintaining the principal or interest associated with an investment due to a variety of factors. RULE G-37 OF THE MUNICIPAL SECURITIES RULEMAKING BOARD Federal regulations to sever any con- nection between the making of politi- cal contributions and the awarding of municipal securities business. S SAFEKEEPING SERVICE Offers storage and protection of assets provided by an institution serv- ing as an agent. SAFETY In the context of investing public funds, safety relates to preserving the principal of an investment in an in- vestment portfolio; local agencies address the concerns of safety by con- trolling exposure to risks. SECURITIES AND EXCHANGE COMMISSION (SEC) The federal agency responsible for supervising and regulating the securi- ties industry. SECURITIES LENDING AGREEMENT An agreement of one party (for ex- ample, a local agency) to borrow securities at a specified price from a second party (for example, another local agency) with a simultaneous agreement by the first party to return the security at a specified price to the 382 Item 11. 128 LOCAL AGENCY INVESTMENT GUIDELINES second party on demand or at a speci- fied date. These agreements generally are collateralized and involve a third party custodian to hold the securities and collateral. Economically similar to reverse repurchase agreement. SUPRANATIONAL INSTITUTIONS International institutions formed by two or more governments that tran- scend boundaries to pursue mutually beneficial economic or social goals. There are three supranational institu- tions that issue obligations that are eligible investments for California local agencies: the International Bank for Reconstruction and Development (IBRD), International Finance Cor- poration (IFC), and Inter-American Development Bank (IADB). T TAX AND REVENUE ANTICIPATION NOTES (TRANS) Notes issued in anticipation of receiv- ing tax proceeds or other revenues at a future date. TOTAL RETURN Total return includes interest, realized gains and losses, and unrealized gains and losses over a given period of time. TRUSTEE, TRUST COMPANY OR TRUST DEPARTMENT OF A BANK A financial institution with powers to act in a fiduciary capacity for the benefit of the bondholders in enforc- ing the terms of the bond contract. U UNDERWRITER A dealer that purchases a new issue of municipal securities for resale. U.S. TREASURY OBLIGATIONS Debt obligations of the U.S. Govern- ment sold by the Treasury Depart- ment in the forms of bills, notes, and bonds. Bills are short-term obligations that mature in one year or less and are sold at a discount. Notes are obliga- tions that mature between one year and ten years. Bonds are long-term obligations that generally mature in ten years or more. W WEIGHTED AVERAGE MATURITY (WAM) The average maturity of all the securi- ties that comprise a portfolio, typically expressed in days or years. Y YIELD The current rate of return on an investment security generally ex- pressed as a percentage of the securi- ties current price. YIELD CURVE A graphic representation that shows the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity. YIELD-TO-CALL The rate of return to the investor earned from payments of principal and interest, with interest compound- ed semi-annually at the stated yield when the security is redeemed on a specified call date. In addition, if the security is redeemed at a premium call price, the amount of the premium is also reflected in the yield. 383 Item 11. 129CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION YIELD-TO-MATURITY The rate of return to the investor earned from payments of principal and interest, with interest com- pounded semi-annually at the stated yield as long as the security remains outstanding until the maturity date. YIELD-TO-WORST For a given dollar price on a munici- pal security, the lowest of the yield calculated to the pricing call, par option or maturity. Z ZERO-COUPON BOND A bond on which interest is not payable until maturity (or earlier redemption), but compounds period- ically to accumulate to a stated ma- turity amount. Zero-interest bonds are typically issued at a discount and repaid at par upon maturity. 384 Item 11. 130 LOCAL AGENCY INVESTMENT GUIDELINES 385 Item 11. 131CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION Index of Statutory Changes Effective 1996 to Present 1995 SB 564 AUTHOR: JOHNSTON SECTION(S): 53646 Summary of Changes: Requires treasurers to produce an annual investment policy and provide detailed quarterly investment reports. SB 866 AUTHOR: CRAVEN SECTION(S): 53601, 53635 AND 53859.02 Summary of Changes: Authorizes the County Board of Supervisors to delegate investment authority to the County Treasurer and requires board to establish a treasury oversight committee (with specific membership requirements). Re- quires delivery of securities by book entry, physical delivery or third-party cus- todial agreement. Specifies funds invested for repayment of notes cannot exceed the term of the notes. Lastly, sets requirements for those elected or appointed to county auditor, director of finance and county treasurer. 1996 SB 864 AUTHOR: CRAVEN AND KILLEA SECTION(S): 27000.7, 27131, 27132.1, 27132.2, 27132.3, 27136, 53601, 53601.6, 53635 AND 53646 Summary of Changes: Restricts campaign contributions by members of county oversight committees, relaxes restrictions on repurchase agreements, increases the amount of portfolio concentration for investment in mutual funds, and al- lows for greater use of account statements in quarterly investment reports. 1997 No changes 386 Item 11. 132 LOCAL AGENCY INVESTMENT GUIDELINES 1998 SB 1793 AUTHOR: GREENE SECTION(S): 53601 AND 53635 Summary of Changes: Authorizes that where there is a percentage limitation for a particular investment, that percentage is applicable only at the date of pur- chase. In addition, investments in repurchase agreements are considered to be in compliance if the value of the underlying securities is brought back up to 102% no later than the next business day. 1999 AB 323 AUTHOR: BALDWIN SECTION(S): 27132.3 Summary of Changes: Prohibits a member of an oversight committee from securing employment with a financial service company that does business with the committee’s county treasurer for one year after leaving the committee. AB 343 AUTHOR: CAMPBELL SECTION(S): 53635.7, 53601.2 AND 53635.2 Summary of Changes: Authorizes counties to increase the amount of com- mercial paper (CP) held in their portfolios from 15% to 40%, removes the 31-day dollar-weighted maturity requirement for purchases above the original 15%, limits CP investments with any single issuing corporation to 10% of the county’s surplus money, and clarifies that “borrowing” does not include bank overdrafts. AB 530 AUTHOR: PAPAN SECTION(S): 53601 AND 53635 Summary of Changes: Authorizes local governments to enter into securities lending agreements provided they meet the same statutory requirements as reverse-repurchase agreements. No more than 20% of the investment portfolio may be comprised of securities lending agreements. AB 1679 AUTHOR: ASSEMBLY LOCAL GOVERNMENT COMMITTEE SECTION(S): 53601 AND 53635 Summary of Changes: Amends the definition of medium-term notes, specifying that these instruments shall have a remaining maximum maturity of 5 years or less. It also emphasizes that purchases of medium-term notes shall not include other investment instruments allowable under current state law. 387 Item 11. 133CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION 2000 AB 2220 AUTHOR: BATTIN SECTION(S): 53601, 53601.2, 53635 AND 53635.2 Summary of Changes: Revises the maximum maturity for bankers accep- tances from 270 to 180 days, and prime quality commercial paper from 180 to 270 days. AB 2539 AUTHOR: ASSEMBLY JUDICIARY COMMITTEE SECTION(S): 53601 AND 53635 Summary of Changes: Non-substantive, technical changes including punctuation. 2001 AB 609 AUTHOR: KELLEY SECTION(S): 53601, 53601.5, 53601.6 AND 53635 Summary of Changes: Authorizes local agencies to invest non surplus money in a sinking fund provided that the money is not required for immediate needs. The bill also revises the definition of commercial paper and prohibits the legisla- tive body of a local agency and the treasurer or other official having custody of the county’s money from investing in negotiable certificates of deposit of a state or federal credit union if a member of the legislative body or any other specified city officer or employee also serves on the board of directors or certain commit- tees of that credit union. 2002 AB 2182 AUTHOR: CAMPBELL SECTION(S): 53601.7 Summary of Changes: Authorizes a county or city and county to invest in high quality money market funds (direct obligations of the United States Treasury or any other obligation guaranteed as to principal and interest by the United States government, bonds, notes, debentures, or other obligations of, or securities issued by, any federal government agency, instrumentality, or government-spon- sored enterprise, and state treasury notes, bonds, or registered state warrants). AB 3034 AUTHOR: ASSEMBLY JUDICIARY COMMITTEE SECTION(S): 53601 Summary of Changes: Non-substantive, technical changes consisting of gram- matical and other errors without substantively changing the law. 388 Item 11. 134 LOCAL AGENCY INVESTMENT GUIDELINES SB 1326 AUTHOR: SENATE LOCAL GOVERNMENT COMMITTEE SECTION(S): 53601, 53635 AND 53646 Summary of Changes: Renames the California Debt and Investment Advisory Commission (CDIAC), deletes a requirement to select a vice-chair and secre- tary, and requires, by May 1, 2006, a specified report to the Legislature. The bill makes related changes in provisions relating to municipal investments. 2003 SB 787 AUTHOR: BATTIN SECTION(S): 53601 AND 53635 Summary of Changes: Authorizes local agencies to purchase asset-backed com- mercial paper of prime quality to be of the highest ranking as provided by a nationally recognized statistical-rating organization and that the entity issuing the commercial paper must meet certain conditions as stated in 53601 (g). 2004 AB 969 AUTHOR: CORREA SECTION(S): 53601 Summary of Changes: Authorizes a local agency that has surplus money or a sinking fund in its treasury to invest that money in shares of beneficial interest issued by a JPA. In addition, the bill requires a JPA issuing the shares to retain an investment advisor that meets specified criteria. 2005 No changes 2006 AB 1794 AUTHOR: DEVORE SECTION(S): 53635 AND 53601.7 Summary of Changes: Extends the sunset date to January 1, 2011 for local agencies to invest in short-term unsecured promissory notes issued by corpora- tions for maturities of 270 days or less, and amends statue to state that no more than 10% of the total assets of the investments that a local entity makes may be invested in any one issuer’s commercial paper. AB 2011 AUTHOR: VARGAS SECTION(S): 53601.8 AND 53635.8 Summary of Changes: The bill authorizes the investment of up to 30% of sur- plus funds in certificates of deposit at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that as- sists in the placement of certificates of deposit under specified conditions, until January 1, 2012. 389 Item 11. 135CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION 2007 AB 1745 AUTHOR: ASSEMBLY REVENUE AND TAXATION COMMITTEE SECTION(S): 53601 Summary of Changes: This bill authorizes local agencies to invest in registered treasury notes and bonds issued by any of the 50 states. 2008 SB 1124 AUTHOR: SENATE LOCAL GOVERNMENT COMMITTEE SECTION(S): 53601, 53635 AND 53635.8 Summary of Changes: Repeals the requirement for local governments to pro- vide annual statements of investment policies, and quarterly investment reports to the CDIAC. In addition, the bill corrects various incorrect statutory cross- references regarding local agency investments. SB 1498 AUTHOR: SENATE JUDICIARY COMMITTEE SECTION(S): 53601 Summary of Changes: Non-substantive, technical changes consisting mostly of punctuation, correcting spelling errors, updating words, i.e., may to shall, any to a, money to moneys, and use of acronym for Nationally Recognized Statisti- cal Rating Organization. SB 344 AUTHOR: MACHADO SECTION(S): 5925 Summary of Changes: Authorizes state and local governments to repurchase or acquire instruments and outstanding bonds issued by or on their behalf. 2009 SB 113 AUTHOR: SENATE LOCAL GOVERNMENT COMMITTEE SECTION(S): 53601.6, 53601.8 AND 53646 Summary of Changes: Corrects an incorrect cross reference for local agency investments in certificates of deposits and repeals requirement to submit a state- ment of investment policy to the CDIAC. 2010 SB 1330 AUTHOR: SENATE JUDICIARY COMMITTEE SECTION(S): 53601 Summary of Changes: Non-substantive, technical changes consisting of changes to references within 53601 due to re-numeration of subsections of 53601 and changing the word subdivision to subdivisions. 390 Item 11. 136 LOCAL AGENCY INVESTMENT GUIDELINES SB 1344 AUTHOR: KEHOE SECTION(S): 53601.8 AND 53635.8 Summary of Changes: Deletes the sunset date associated with the authorization for local agencies to investment up to 30% of their surplus funds in certificates of deposit at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of certificates of deposit. 2011 SB 194 AUTHOR: SENATE GOVERNANCE AND FINANCE COMMITTEE SECTION(S): 53601 Summary of Changes: Authorizes local agencies to invest in negotiable certifi- cates of deposit issued by a federally licensed branch of a foreign bank. 2012 SB 1033 AUTHOR: SENATE BUDGET AND FISCAL REVIEW COMMITTEE SECTION(S): 16340 Summary of Changes: Establishes the Voluntary Investment Program Fund with- in the State Treasury for the receipt of voluntary deposits from local entities. 2013 AB 279 AUTHOR: DICKINSON SECTION(S): 53601.8 AND 53635.8 Summary of Changes: Authorizes local agencies to invest up to 30% of their surplus funds in deposits at a commercial or savings bank, savings and loan, or credit union using a private sector deposit placement service until January 1, 2017. 2014 AB 1933 AUTHOR: LEVINE SECTION(S): 53601 Summary of Changes: Authorizes local agencies to invest in United States dollar denominated senior unsecured unsubordinated obligations issued or uncondi- tionally guaranteed by certain banks (supranationals), and would require these investments to be rated “AA” or better and to not exceed 30% of the agency’s moneys that may be invested. 391 Item 11. 137CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION AB 2298 AUTHOR: RODRIGUEZ SECTION(S): 53663 Summary of Changes: Authorizes state chartered financial institutions that maintain local agency deposits to submit their weekly reports to the Adminis- trator of Local Agency Security of the State of California electronically via email or other electronic means approved by the administrator. 2015 AB 283 AUTHOR: DABABNEH SECTION(S): 53601.8 AND 53635.8 Summary of Changes: Extends the authority to use a private sector entity to assist placing deposits to January 1, 2021; allows local agencies to invest up to 30% of its surplus funds in placement service certificates of deposit (CDs) and 30% in negotiable certificates of deposit; and enables a local agency to invest up to 30% with the same deposit placement service provider. Upon the sunset date of January 1, 2021, a public agency may no longer use a placement service provider to place deposits; however, the private entity would be able to assist a local agency with the placement of CDs. 2016 SB 974 AUTHOR: SENATE LOCAL GOVERNMENT COMMITTEE SECTION(S): 53601 Summary of Changes: Clarifies and amends the statutory rating requirements contained in Government Code 53601. Specifically rating requirements now refer to a rating category which is inclusive of any rating modifiers such as “+”/”-“ or numbers and to include equivalent ratings from Nationally Recog- nized Statistical Rating Organizations (NRSRO). The specific sections of code that are amended are Government Code Sections 53601(h)(1)(C) Commercial Paper, 53601(k) Medium Term Notes, 53601(o) Mortgage Passthrough Securi- ties, and 53601(q) Supranationals. 2017 No changes 2018 AB 1770 AUTHOR: STEINORTH SECTION(S): 53601(O) Summary of Changes: Amends the statutory maximum maturity requirement from five years to a maximum remaining maturity of five years or less for asset- backed securities and eliminates the securities issuer rating. 392 Item 11. 138 LOCAL AGENCY INVESTMENT GUIDELINES 2019 AB 857 AUTHOR: CHIU SECTION(S): 53601(R), 53635(C) AND 53635.2 Summary of Changes: Adds to Government Code 53601: “(r) Commercial pa- per, debt securities, or other obligations of a public bank, as defined in Section 57600.” In addition, Government Code 53635 is amended by the addition of “(c) A local agency subject to this section may invest in commercial paper, debt securities, or other obligations of a public bank, as defined in Section 57600.” Lastly, Government Code 53635.2 is amended to add public banks to the list of depository institutions. AB 945 AUTHOR: MCCARTY SECTION(S): 53601.8 AND 53635.8 Summary of Changes: Amends a local agency’s authorization to invest and de- posit surplus funds in deposits, certificates of deposit or another form, at speci- fied types of financial institutions. Beginning January 1, 2020, until January 1, 2026, the percentage of surplus funds that can be invested by a city, district, or other local agency that does not pool money in deposits or investments with other local agencies with a different governing body increases to 50 percent. On and after January 1, 2026, the portfolio limitation of cities, districts, and agen- cies returns to 30 percent of the agency’s surplus funds. 393 Item 11. 139 B BOND PROCEEDS, GC Section 53601(m), 18 BUY AND HOLD STRATEGY, 12 C CASH FLOW Liquidity certification, GC Section 53646(b)(3), 38 COMPLIANCE GC Section 53601, 17 COUNTY POOLS Cash flow projections, 38 Voluntary depositors, 9 D DURATION, 39–41 G GAN PROCEEDS, 26–27 GOVERNMENT CODE SECTIONS 5925 Acquisition of Bonds, 13 16340 Voluntary Investment Program Fund, 12–15 16429.1 Local Agency Investment Fund (LAIF), 12,14–15 27000.3 County Treasurer, prudent investor, 11 27000.5 County Treasurer, objectives, 11 27131 Oversight Committees, establishment, 45–49 27132 Oversight Committees, membership, 45, 47–49 27132.4 Oversight Committees, open meetings, 45 Index 394 Item 11. 140 LOCAL AGENCY INVESTMENT GUIDELINES 27133 Oversight Committees, review and oversight, 7–8 27134 Oversight Committees, audits by, 48 27137 Oversight Committees, involvement, 48 53600.3 Investment of Surplus, prudent investor, 11 53600.5 Investment of Surplus, objectives, 11 53601 Investment of Surplus, authorized investments, 11–17, 16–17 53601.1 Investment of Surplus, authorized investments, 29–30 53601.6 Investment of Surplus, prohibited investments, 12–13, 19–20 53601.8 Investment of Surplus, certificates of deposit placement, 12–15 53607 Transactions Reporting, 33–36 53608 Investment of Surplus, deposit of securities, 27 53635 Deposit of Funds, investments, 12–15 53635.2 Deposit of Funds, money in custody of local agency, 12, 16–17 53635.8 Deposit of Funds, certificates of deposit placement, 12–15 53638 Deposit of Funds, maximum deposits, 12 53646 Deposit of Funds, policy statement, 33–35, 38, 42 53684 Deposit of Funds, investment by county treasurer, 12 53821.5 Tax and Revenue Anticipation Notes, 26–27 53841.5 Tax and Revenue Anticipation Notes, 26–27 53852.5 Tax and Revenue Anticipation Notes, 26–27 53859.02 Grant Anticipation Notes, 26–27 I INVESTMENT ADVISORS/MANAGERS, 28 INVESTMENT INSTRUMENT TYPES Bankers’ acceptances, 14–15 California local agency obligations, 14–15 Certificates of deposit (negotiable, non-negotiable and placement service), 12, 14–15 Collateralized bank deposits, 14–15 Commercial paper, 14–15, 34 Corporate, GC Section 53601(k), 22–23 County pooled investment funds, 14–15 Derivatives, 19 Joint Powers Authority pool, 14–15 Local agency bonds, 14–15 Local Agency Investment Fund (laif), 14, 26, 33–36 Medium-term notes, GC Section 53601(k), 14–15, 22–23 Mortgage pass-through securities, 14–15 Mutual funds and money market mutual funds, 14–15, 25–26 Placement service deposits, 14–15 Repurchase agreements, 12, 14-15, 23 Reverse repurchase agreements and securities lending agreements, GC Section 53601(l), 14–15, 23–24 SEC rule 2a-7 allowable investments, 14–15, 26 State of California obligations, 14–15 395 Item 11. 141CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION Supranational obligations, 14–15, 20–21 U.S. Agencies (GSES), GC Section 53601(f), 14–15, 19–20 U.S. Treasury obligations, 14–15 Voluntary Investment Program Fund, GC Section 16340, 14–15 INVESTMENT POLICY Bond proceeds, GC Section 53601(m), 18 Contents of, GC Section 27133, 7–8 Market risk measures, 39–41 Oversight committees, 7, 45–49 Purpose of, 5 Rendering to legislative/governing body, 5–6 Statutory requirements—county, GC Section 53646(a)(1), 5 Statutory requirements—other local agencies, GC Section 53646(a)(2), 5–6 Update/review frequency, 6–7 INVESTMENT PORTFOLIO REPORT, GC Section 53646 Contents of, GC Section 53646(b)(1–4), 33–37 Dollar amount, 34 Legislative/governing body, GC Section 53646(b), 42–43 Liquidity certification, GC Section 53646(b)(3), 38–39 Market risk measures, 39–41 Market value in, 36–37 Transactions reporting, GC Section 53607, 35 30-day requirement, GC Section 53646(b), 42 L LEGISLATIVE/GOVERNING BODY Approval or action by, 42 Investment policy, 5–6 Investment portfolio report, GC Section 53646(b), 34–37 Oversight committee, 42, 48 Statutory definition, GC Section 27000.3, 11 M MUNICIPAL ADVISOR RULE, 18–19 O OVERSIGHT COMMITTEES For non-county agencies, 48–49 Function of, GC Section 27131 and 27132, 45–47 Investment policy, 5–6 Investment report, 42 396 Item 11. 142 LOCAL AGENCY INVESTMENT GUIDELINES Members of (including Treasurer), GC Section 27131(a), 45-47 Statutory requirements, 45–46 P PENSION FUNDS, 8 PROHIBITED INVESTMENTS, 12–13 PRUDENT INVESTOR STANDARD Statutorily defined, GC Section 53600.3, 11 R RISK, 11 Credit/default, 12 Duration, 39–41 Liquidity, 38 Market or interest rate, 11, 39 Measures of (WAM and duration), 39-41 S SAFEKEEPING, 27 SAFETY, LIQUIDITY, YIELD, GC Section 27000.5 and 53600.5, 11 SEC 15 U.S. CODE SECTION 80A-I, INVESTMENT COMPANY ACT OF 1940, 13, 25–26 SUPRANATIONALS, GC SECTION 53601(Q), 14–15, 20 T TRAN PROCEEDS, 26–27 U U.S. CODE SECTION 2906 OF TITLE 12, COMMUNITY REINVESTMENT ACT OF 1977, 16 W WEIGHTED AVERAGE MATURITY (WAM), 39–40 397 Item 11. 398 Item 11. 915 Capitol Mall, Room 400 Sacramento, CA 95814 phone: (916) 653-3269 fax: (916) 654-7440 e-mail: cdiac@treasurer.ca.gov www.treasurer.ca.gov/cdiac 399 Item 11. Staff Report TO: City Council FROM: Todd Parton, City Manager DATE September 15, 2020 SUBJECT: Set Time, Date and Place for Special Workshop Background and Analysis: City staff is requesting that the City Council establish the time, date and place for a special workshop. The workshop would be held for City Council discussion and direction of the following items: 1. Fiscal Year 2021-2022 Budget, 2. Identification and prioritization of City Council projects and initiatives, and 3. Wastewater Masterplan Fiscal Impact: No fiscal impact. Recommended Action: Establish a time, date and place for a special workshop. 400 Item 12. 401 Item 13. 402 Item 13. 403 Item 13. 404 Item 13. 405 Item 13. 406 Item 13. 407 Item 13. 408 Item 13. 409 Item 13. 410 Item 13. 411 Item 13. 412 Item 13. 413 Item 13. 414 Item 13. 415 Item 13. 416 Item 13. 417 Item 13. 418 Item 13. State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215 Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • (949) 399-9050 • Fax (949) 476-8215 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 M E M O R A N D U M To: City of Beaumont From: Townsend Public Affairs Date: September 11, 2020 Subject: Monthly Report for the City of Beaumont — August/September 2020 State Legislative Update The Legislature has officially adjourned for the 2020 legislative session, but the final day of session did not end without disfunction and controversy. The controversy began when Senator Brian Jones (R-Escondido) tested positive for COVID-19 on August 26, shortly after he attended a Republican caucus meeting and was on the Senate floor wearing a mask. The Senate Pro Tem, after hearing the news that a Senator had contracted the virus, suspended Senate business and conducted a thorough cleaning of the Senate chambers. Senators that had been in close contact with Senator Jones, which included all but one Republican Senator, were required to self- quarantine and vote remotely for the remainder of session. Republican Senators were opposed to the remote voting requirements, and when Senate Majority Leader Bob Hertzberg (D-Los Angeles) made a motion to limit debate on bills to two speakers per side, Senate Republicans protested and the Senate recessed to agree on a debate process for the remaining bills. Senator Hertzberg then rescinded his motion to limit debate on bills and the Senate proceeded to consider bills under standard debate rules. Due to the various delays and constant conflict between Senators, several important measures were not heard in the Senate before the deadline. On the Assembly side, most of the controversy came when Assemblymember Buffy Wicks (D- Oakland) brought her newborn baby on the Assembly floor to express her support for housing legislation. According to Assemblymember Wicks’ office, she was told by Assembly leadership that maternity leave was not an eligible reason for proxy voting. This happened the same day that the Legislature passed SB 1383 (Jackson, D-Santa Barbara), a bill that prohibits employers with five or more employees from refusing to grant an employee’s request to take up to 12 weeks of unpaid leave for family care and medical leave. As a reminder, bills that did not include an urgency clause were required to pass both houses by midnight. As a result, both chambers failed to pass all the bills on their agendas, including some housing and police reform measures. For the measures that failed to pass the Legislature, it is very possible that they will be re-introduced when the new legislative session is convened in January. For those bills that were approved by the Legislature and sent to the Governor for his 419 Item 14. 2 consideration, the Governor will have until midnight on September 30th to sign or veto those bills. While unlikely, several Republican lawmakers wrote a letter to the Governor requesting that he call a special session to address several legislative issues that were not considered this year due to the reduced calendar. Below are the upcoming relevant dates for the Governor and Legislature: September 1 – Legislature recessed for 2020 legislative session September 30 – Last day for the Governor to sign or veto legislation November 3 – General Election Governor’s COVID-19 Action Summary  August 28 – COVID-19 Testing: Governor Newsom signed an executive order to help the state build out its laboratory capabilities. The order would expedite efforts by the Department of General Services and the Department of Public Health to establish and operate up to three sites for use as laboratories to increase the state’s testing capacity.  August 28 – COVID-19 Blueprint: Governor Newsom unveiled the “Blueprint for a Safer Economy”, a statewide plan for living with COVID-19. The plan imposes risk-based criteria on tightening and loosening COVID-19 allowable activities and expands the length of time between changes to assess how any movement affects the trajectory of the disease. The plan includes a phased-down approach to the county monitoring system and replacing it with a new four-tiered system that all counties will fall under. Housing and Eviction Legislation The most significant legislation that passed in the final days of session was AB 3088 (Chiu, D- San Francisco). This is the compromise measure negotiated between the Governor, Senate and Assembly leaders, and numerous stakeholders to stave off a wave of evictions and foreclosures due to the financial impacts from COVID-19. Reaching an agreement and passing the legislation was the top priority of the Administration, as the state-level eviction moratorium that has been in place for several months was set to expire on September 1. AB 3088 was approved by both the Senate and Assembly, and then was then signed into law by Governor Newsom late on August 31. The bill will allow renters experiencing COVID-19-related financial distress some relief, including removing a requirement for tenants to immediately repay rent they missed between March and August, although landlords will be able to initiate litigation to recover past due rent beginning March 2021. Tenants must pay at least 25 percent of their rent from September 1st through January 31st to be protected from eviction. Landlords will be able to initiate litigation in civil court to recover unpaid rent. Beginning on February 1, 2021, the protections will expire, and tenants will have to start paying rent in full. For high-income renters seeking assistance, they will need to, under the penalty of perjury, submit a form declaring financial distress. Landlords can still evict tenants who create disturbances or refuse to provide rent but have the finances to make the payments. While the Legislature passed this major legislation, there were several major housing bills that were not considered in time to meet the August 31 midnight deadline. SB 995 (Atkins, D-San Diego) would have extended the expedited CEQA administrative and judicial review procedures for environmental leadership development projects. The measure would have also expanded 420 Item 14. 3 current project eligibility to include smaller housing projects. SB 1049 (Glazer, D-Orlinda) would have enhanced fines for violations of local short-term rental ordinances. SB 1085 (Skinner, D-Oakland) would have made various changes to the State Density Bonus Law, including providing additional benefits to housing developments that include moderate- income rental housing units. SB 1120 (Atkins) would have required approval of housing developments with duplexes and subdivision maps that meet certain conditions. It would have also increased the length of time that cities and counties can extend the validity of existing subdivision maps. Lastly, SB 1299 (Portantino, D-Glendale) would have created a program to provide grants to local governments for production of workforce housing on idle commercial shopping center properties. None of these bills made it to the Governor’s desk, but it is likely that these measures will return in 2021. Public Safety Legislation Since the death of George Floyd in Minneapolis, the California Legislature has been focused on passing police reform legislation. However, due to intra-house disagreements and politics during the final day of session, lawmakers were unable to advance some of the measures on the final day’s agenda. One of the major bills that did not advance this year was AB 66 (Gonzalez, D-San Diego) which would have limited police use of projectiles and chemical agents to disperse lawful assemblies, enforce curfews, or non-compliance with law enforcement directives. The bill was not considered on the Senate floor in time to pass before midnight. AB 664 (Cooper, D-Elk Grove) also did not advance this year. The bill would have created a rebuttable presumption for police officers that have been diagnosed with a communicable disease after January 1, 2020 and would have sunset after three years. However, the bill was not considered on the Senate floor in time and will not move forward this year. Similarly, SB 731 (Bradford, D-Inglewood) sought to increase police officer accountability by creating a process to decertify officers who engage in serious cases of misconduct. The bill was not considered on the Assembly floor but will likely be re-introduced next session. Lastly, SB 776 (Skinner, D-Oakland) would have expanded the types of police personnel records that would be subject to public disclosure. The bill passed the Assembly by a vote of 48-13 but was not able to be considered by the Senate before midnight. Despite lawmakers failing to pass all the bills on their agendas, they were able to pass some police reform bills and send them to the Governor’s desk. AB 1196 (Gipson, D-Compton) prohibits law enforcement agencies from authorizing carotid restraint holds and choke holds. AB 1506 (McCarty, D-Sacramento) will require the state to investigate police shootings of unarmed civilians and allow local governments to request an investigation into other deaths. AB 1299 (Salas, D- Bakersfield) will require law enforcement agencies to notify the Commission on Police Officers Standards and Training (POST) when an officer separates from employment, making it more difficult for police departments to hire officers with marks on their records. These bills passed the Legislature and have been sent to the Governor’s desk for his consideration. Climate Resiliency Bond Although wildfires are a natural part of California’s climate and landscape, the 2020 wildfire season has started aggressively. Dozens of wildfires were starting seemingly overnight as 421 Item 14. 4 northern California experienced a lightning storm that contributed to the already busy fire season. Despite this, the Legislature adjourned on August 31 without taking significant action to address the State’s wildfire crisis. In the last week of session, Assemblymember Bloom (D-Santa Monica) introduced AB 1659, which would have generated $2.5 billion in additional revenue through the extension of surcharges on the customer bills of PG&E, Southern California Edison, and San Diego Gas and Electric from 2035 to 2045. Despite an initial aggressive push from certain facets of the Legislature, the bill failed to generate significant support from Legislative leadership or the Governor’s office. TPA expects this issue to continue into next year and remain on the Legislature’s and the Governor’s priority list. Federal Legislative Update Federal Eviction Moratorium Under direction from the Trump Administration, the CDC announced that it will impose an eviction moratorium for all renters unable to pay rent because of the coronavirus pandemic. Evictions for reasons other than failure to pay rent will be allowed to proceed. The policy will take effect immediately and last through December 31, 2020. The CDC plans to temporarily halt evictions of renters earning no more than $99,000 a year to prevent the virus from spreading. Individuals who received a coronavirus stimulus check earlier this year also qualify for the protection, as do couples who jointly file their taxes and expect to earn less than $198,000. To obtain the relief, renters must assert they are incapable of paying their rent or are likely to become homeless if evicted from their property. Those seeking eviction relief will still be required to pay as much in rent as they can afford. The Administration is acting unilaterally after failing to reach a deal with lawmakers over another round of stimulus relief funding, aimed in part at keeping renters in their homes. The move is an unprecedented use of executive authority and may face legal challenges from landlords who have seen rental income decline significantly during the crisis. Administration officials believe they have the authority to enact the policy, due to a federal law that allows the CDC to order emergency measures when it determines that state and local governments haven’t taken sufficient steps to prevent the spread of a communicable disease. Executive Orders Amidst a Congressional stalemate, President Trump took steps to try to mitigate coronavirus’ economic impact. The President, though limited in the legislative actions he can take, signed a series of directives in an attempt to fill in gaps left by the lack of a negotiated aid package. Specifically, President Trump signed four directives that aim to accomplish the following:  Student Loan Relief: President Trump signed a Presidential Memorandum that directs the Department of Education to extend the student loan relief granted in the CARES Act until the end of the year. 422 Item 14. 5  Evictions: The President signed an Executive Order directing the Department of Health and Human Services (HHS) and Center for Disease Control (CDC) to consider whether any measures temporarily halting residential evictions of any tenants for failure to pay rent are reasonably necessary.  Payroll Tax Holiday: The President signed a Presidential Memorandum deferring payroll tax for Americans earning under $104,000 from September 1 through December 31. The deferral would be optional for companies to implement, but the expectation is that taxes must be paid at the end of the year unless Congress passes permanent legislation. This would potentially provide an additional $600 to employees and would equate to a $300 billion tax cut. Democrats criticized the payroll tax deferral as having serious implications for the future of Social Security and Medicare. President Trump has indicated that if he is re-elected in November, he may extend the deferral and terminate the tax for some workers altogether.  Unemployment Benefits: President Trump signed a memorandum that included a re- direction of $44 million in Federal Emergency Management Agency (FEMA) money for a new “low-wage assistance” program, which reduces the $600 per week in federal unemployment to $300 with a $100 state match. Appropriations The current fiscal year will end on September 30, 2020. While the House has marked up and passed the majority of its fiscal year 2021 appropriations bills, the Senate has yet to introduce any of its appropriations bills. There is broad recognition on both sides of the aisle that the funding bills will not be fully finalized before the new fiscal year begins on October 1, 2020. Given this reality, House and Senate lawmakers are now beginning to plan for the high probability of a Continuing Resolution (CR), which will extend current funding levels past the month of September. Congressional staff is working to prepare draft legislative text and engage in conversations with federal government agencies to prevent any lapse in federal funding. The Trump Administration is also preparing for the reality and is said to be formulating a list of its CR priorities that will soon be sent to Congress for its consideration. Any priorities included in the CR must ultimately be negotiated between the House and Senate and approved by the President. U.S. Census The Census Bureau recently announced that it plans to end its decennial count of the U.S. population on September 30. The decision highlights a new timeline with an end date that is one month earlier than previously anticipated, raising some Congressional lawmakers’ concerns about the accuracy of the survey which serves as the basis for Congressional and State legislative district boundaries and government funding. The agency has indicated that 63 percent of 121 million U.S. households have responded to the census via phone, mail and online to date. The Bureau also plans to hire additional data collectors to maximize responses by the end of next month. The Democrat-led House previously passed legislation to allow the agency to continue the census count, but the Republican-led Senate has not followed suit. Congress could extend the census count in an upcoming coronavirus economic aid package, but it is unclear if that effort is gaining traction in negotiations. 423 Item 14. Pending Litigation Against the City (does not include litigation initiated by the City) 1. Aguirre et al. v. City of Beaumont et al., Case No. RIC 1810937 (Pre-Trial) 2. Christian Lee v. City of Beaumont, Case No. RIC 2003005 (Pleading) To: City Council From: John O. Pinkney, City Attorney Date: September 10, 2020 Re: List of Pending Litigation Against City of Beaumont 424 Item 15.