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HomeMy WebLinkAbout051519 - Agenda - Regular MeetingTRES HERMANOS CONSERVATION AUTHORITY REGULAR BOARD OF DIRECTORS MEETING MAY 15, 2019 AGENDA 6:00 p.m. CITY OF INDUSTRY COUNCIL CHAMBER 15651 E. STAFFORD STREET CITY OF INDUSTRY, CALIFORNIA 1. CALL TO ORDER PLEDGE OF ALLEGIANCE Cory Moss, Chair Carol Herrera, Vice -Chair Catherine Marcucci, Board Member Ray Marquez, Board Member Peter Rogers, Board Member Newell Ruggles, Board Member Steve Tye, Board Member 2. PUBLIC COMMENTS: At this time, members of the public may address the Authority regarding any items within the subject matter jurisdiction of the Authority provided NO action or discussion may be taken on any item not appearing on the agenda, except the Authority may BRIEFLY respond to statements made or questions posed. Comments are limited to five minutes per speaker. 3. CONSENT CALENDAR: 3.1 Consideration of the Minutes of the March 20, 2019 regular meeting and the March 27, 2019 special meeting. Recommended Action: Approve as submitted. Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk at Industry City Hall, and are available for public inspection. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the Authority Secretary at (626) 333-2211 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the Tres Hermanos Conservation Authority requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a public meeting, must inform the Authority Secretary a minimum of 72 hours prior to the scheduled meeting. 1383679.1 May 15, 2019 PAGE 2 THCA Agenda 3.2 Consideration to approve the Treasurer's Report for the month of March 2019 4. 5. .1 7. A RECOMMENDED ACTION: Approve the Treasurer's Report. 3.3 Consideration to approve the check register for the months of March and April 2019 RECOMMENDED ACTION: Approve the check register, OLD BUSINESS: There is none, NEW BUSINESS: 5.1 Consideration to adopt the Statement of Investment Policy Consideration of Resolution No. THCA 2019-05 – A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRES HERMANOS CONSERVATION AUTHORITY ADOPTING THE STATEMENT OF INVESTMENT POLICY FOR THE 2019-20 FISCAL YEAR RECOMMENDED ACTION AUTHORITY DIRECTOR COMMENTS: CLOSED SESSION: Adopt Resolution No. THCA 2019-05 7.1 Public Employee Appointment pursuant to Government Code Section 54957 Title: General Counsel 7.2 Conference with Legal Counsel pursuant to Government Code Section 54956.9—Existing Litigation. San Gabriel Valley Water and Power, LLC v. City of Chino Hills, et al. San Bernardino Superior Court Case No: CIVDS 1904434 ADJOURNMENT: The next regular Tres Hermanos Conservation Authority Meeting will be Wednesday, June 19, 2019 at 6:00 p.m. TRES HERMA NOS CONSERVATION AUTHORITY ITEM NO. 3.1 TRES HERMANOS CONSERVATION AUTHORITY REGULAR BOARD OF DIRECTORS MEETING MINUTES CITY OF INDUSTRY, CALIFORNIA MARCH 20, 2019 PAGE 1 1. CALL TO ORDER The Regular Meeting of the Tres Hermanos Conservation Authority, Board of Directors, was called to order by Chair Cory Moss at 6:00 p.m. in the City of Industry Council Chamber, 15651 East Stafford Street, California. FLAG SALUTE The flag salute was led by Board Member Steve Tye. ROLL CALL PRESENT: Cory Moss, Chair Carol Herrera, Vice Chair Catherine Marcucci, Board Member Ray Marquez, Board Member Peter Rogers, Board Member Newell Ruggles, Board Member Steve Tye, Board Member STAFF PRESENT: Troy Helling, Executive Director; David DeBerry, General Counsel; Dan Fox, Deputy Executive Director; and Julie Robles, Authority Secretary. 2. PUBLIC COMMENTS There were none. 3. CONSENT CALENDAR 3.1 CONSIDERATION OF THE MINUTES OF THE FEBRUARY 7, 2019 SPECIAL MEETING AND THE FEBRUARY 20, 2019 SPECIAL MEETING 3.2 CONSIDERATION TO APPROVE THE CHECK REGISTER FROM FEBRUARY 1, 2019 THROUGH FEBRUARY 28, 2019 TRES HERMANOS CONSERVATION AUTHORITY REGULAR BOARD OF DIRECTORS MEETING MINUTES CITY OF INDUSTRY, CALIFORNIA MARCH 20, 2019 PAGE 2 3.3 CONSIDERATION TO APPROVE THE TREASURER'S REPORT FOR THE MONTH OF FEBRUARY 2019, CHECK REGISTER FROM FEBRUARY 1, 2019 THROUGH FEBRUARY 28, 2019 MOTION BY VICE CHAIR HERRERA, AND SECOND BY BOARD MEMBER MARCUCCI TO APPROVE THE CONSENT CALENDAR WITH THE CHANGE OF THE WORD ENSURED TO ENSUED ON MEETING MINUTES OF FEBRUARY 7, 2019, ITEM 6.2. MOTION CARRIED 7-0, BY THE FOLLOWING VOTE: AYES NOES. ABSENT ABSTAIN 4. OLD BUSINESS MARCUCCI, MARQUEZ, ROGERS, RUGGLES, TYE, V/C HERRERA, C/MOSS NONE NONE NONE 4.1 UPDATE DISCUSSION REGARDING INSURANCE. Assistant City Manager Bing Hyun gave an update. We are very close to securing a five million dollar Liability Insurance Policy. Executive Director Troy Helling said the next step is to run it by the City Council and bring it back to the next Tres Hermanos Conservation Authority (THCA) meeting. 4.2 PROVIDE DIRECTION REGARDING PROCESS FOR RETAINING GENERAL COUNSEL SERVICES. General Counsel, David DeBerry gave two options. One being an option for a full blown RFP in which he stated is a lot of work and may have conflict with any one of the three cities. Second option is for the three attorneys to narrow it down to six or eight names of well qualified attorneys. The Authority agreed for the three attorneys to bring in three proposals to narrow it down for the Authority to then make a chose. TRES HERMANOS CONSERVATION AUTHORITY REGULAR BOARD OF DIRECTORS MEETING MINUTES CITY OF INDUSTRY, CALIFORNIA MARCH 20, 2019 PAGE 3 Estimated cost being $10k to $12k a year, requiring 35 to 40 hours. 5. NEW BUSINESS 5.1 APPOINT AN INDEPENDENT AUDIT FIRM FOR FISCAL YEAR 2018-2019. City Manager Troy Helling provided a staff report. Per the amended and restated Tres Hermanos Conservation Authority Joint Powers Agreement, under Section 3.8 under Treasurer Section, the Board shall annually appoint a Certified Public Accountant to perform an independent audit. The city of Chino Hills recommended using Lance, Soll, & Lunghard, LLP since they are familiar with this firm and have been using them since 2015 for audits in Chino Hills. Our direction to the Board is to appoint Lance, Soll, & Lunghard, LLP to do this independent audit. MOTION BY BOARD MEMBER ROGERS, AND SECOND BY BOARD MEMBER MARCUCCI TO APPOINT LANCE, SOLL & LUNGHARD, LLP AS THE INDEPENDENT AUDIT FIRM FOR FISCAL YEAR 2018-19. MOTION CARRIED 7- 0, BY THE FOLLOWING VOTE: AYES: BOARD MEMBERS No- ;••-� ; MARCUCCI, MARQUEZ, ROGERS, RUGGLES, TYE, V/C HERRERA, C/MOSS NONE NONE NONE 5.2 CONSIDERATION TO ADOPT RESOLUTION NO. THCA 2019-03 ESTABLISHING A STATEMENT OF INVESTMENT POLICY FOR THE 2018-2019 FISCAL YEAR. City Manager Troy Helling provided a staff report. Per the amended and restated Tres Hermanos Conservation Authority Joint Powers Agreement, Section 3.8 under Treasurer Section - this will be annually adopted by the Board of Directors. There does need to be a correction on the Resolution with Chair Cory Moss for signature instead of myself, Executive Director, Troy Helling, and add Authority Secretary, Julie Gutierrez -Robles to the last page of the resolution. TRES HERMANOS CONSERVATION AUTHORITY REGULAR BOARD OF DIRECTORS MEETING MINUTES CITY OF INDUSTRY, CALIFORNIA MARCH 20, 2019 PAGE 4 MOTION BY BOARD MEMBER TYE, AND SECOND BY BOARD MEMBER MARCUCCI TO ADOPT RESOLUTION NO. THCA 2019-03 ESTABLISHING A STATEMENT OF INVESTMENT POLICY FOR THE 2018-2019 FISCAL YEAR AS AMENDED. MOTION CARRIED 7-0, BY THE FOLLOWING VOTE: AYES: BOARD MEMBERS MARCUCCI, MARQUEZ, ROGERS, RUGGLES, TYE, V/C HERRERA, C/MOSS NONE NONE NONE 5.3 CONSIDERATION TO ADOPT RESOLUTION NO. THCA 2019-04 AUTHORIZING THE INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUNDS. There does need to be a correction on the Resolution with Chair Cory Moss for signature instead of myself, Executive Director, Troy Helling, and add Authority Secretary, Julie Gutierrez -Robles to the last page of the resolution. MOTION BY VICE CHAIR HERRERA, AND SECOND BY BOARD MEMBER RUGGLES TO ADOPT RESOLUTION NO. THCA 2019-04 AUTHORIZING THE INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUNDS AS AMENDED. MOTION CARRIED 7-0, BY THE FOLLOWING VOTE: F 0 Mi. -.9. • . . 6. AUTHORITY DIRECTOR COMMENTS: There was none. MARCUCCI, MARQUEZ, ROGERS, RUGGLES, TYE, V/C HERRERA, C/MOSS NONE NONE NONE TRES HERMANOS CONSERVATION AUTHORITY REGULAR BOARD OF DIRECTORS MEETING MINUTES CITY OF INDUSTRY, CALIFORNIA MARCH 20, 2019 PAGE 5 7. CLOSED SESSION Authority Secretary Robles announced there was a need for Closed Session as follows: 7.1 Conference with Legal Counsel pursuant to Government Code Section 54956.9 - Existing Litigation. San Gabriel Valley Water and Power, LLC v. City of Chino Hills, et al. San Bernardino Superior Court Case No: CIVDS 1904434 There were no public comments on the Closed Session item. Chair Moss recessed the meeting into Closed Session at 6:15 p.m. RECONVENE CITY COUNCIL MEETING Chair Moss reconvened the meeting at 6:35 a.m. All members of the Tres Hermanos Conservation Authority were present. Chair Moss reported out of Closed Session. With regard to Closed Session items 7.1, nothing to report out. 8. ADJOURNMENT There being no further business, the Tres Hermanos Conservation Authority (THCA) Regular Board of Directors meeting adjourned at 6:35 p.m. CORY MOSS CHAIR JULIE ROBLES AUTHORITY SECRETARY TRES HERMANOS CONSERVATION AUTHORITY SPECIAL BOARD OF DIRECTORS MEETING MINUTES CITY OF INDUSTRY, CALIFORNIA MARCH 27, 2019 PAGE 1 1. CALL TO ORDER The Special Meeting of the Tres Hermanos Conservation Authority Board of Directors was called to order by Chair Cory Moss at 9:16 a.m. at the Diamond Bar Center, 1600 Grand Avenue, Diamond Bar, California. FLAG SALUTE The flag salute was led by Board Member Peter Rogers. ROLL CALL PRESENT: Cory Moss, Chair Carol Herrera, Vice Chair Catherine Marcucci, Board Member Ray Marquez, Board Member Peter Rogers, Board Member Newell Ruggles, Board Member Steve Tye, Board Member STAFF PRESENT: Troy Helling, Executive Director; David DeBerry, General Counsel; Dan Fox, Deputy Executive Director; and Julie Robles, Authority Secretary. 2. PUBLIC COMMENTS Jim Gallagher, resident of Chino Hills and Robin Smith, resident of Diamond Bar and member of the Sierra Club, both thanked the three cities for forming this Authority and preserving the Tres Hermanos property. Chair Moss recessed the meeting at 9:18 a.m. Chair Moss reconvened the meeting at 9:53 a.m. at the Tres Hermanos Ranch. All members of the Tres Hermanos Conservation Authority were present. TRES HERMANOS CONSERVATION AUTHORITY SPECIAL BOARD OF DIRECTORS MEETING MINUTES CITY OF INDUSTRY, CALIFORNIA MARCH 27, 2019 PAGE 2 3. TRES HERMANOS RANCH PRESS CONFERENCE Chair Cory Moss thanked everyone for joining today to celebrate the historic Tres Hermanos Ranch partnership between the cities of Chino Hills, Diamond Bar and Industry and made introductions of all Board Members. Vice Chair Herrera then introduced the Mayors, Council Members and elected representatives of the three cities that were present. Chair Cory Moss gave a history of the Tres Hermanos Ranch. "After years of history among our three cities, and months of negotiations, we came to understand that by putting aside our differences and working together, we had an incredible opportunity to do something good for our communities, and for our region. One thing that was always clear, city leaders and our residents alike treasure the beauty of this land." Vice Chair Herrera spoke "Through the Authority, no plans for this property can move forward unless all three cities support the plan. Now we each have the opportunity to represent our communities best interests and our communities can be part of the process as we meet each month to discuss how best to move forward with this critically important regional resource." Board Member Rogers then thanked the City Managers and City Attorneys for the roles they played in moving to the finish line. They are to be commended. "We are on this land together for the first time to celebrate the fact that we have formed this new partnership for the Tres Hermanos Ranch and together we will meet, our agendas will be posted, the public will be welcomed, and we will begin to discuss and process our goals moving forward." Chair Cory Moss invited all three Cities Council Members to sign a proclamation to commemorate this new Authority. Pictures were taken. TRES HERMANOS CONSERVATION AUTHORITY SPECIAL BOARD OF DIRECTORS MEETING MINUTES CITY OF INDUSTRY, CALIFORNIA MARCH 27, 2019 PAGE 3 4. ADJOURNMENT There being no further business, the Tres Hermanos Conservation Authority (THCA) Regular Board of Directors meeting adjourned at 10:18 a.m. CORY MOSS CHAIR JULIE ROBLES AUTHORITY SECRETARY TRES HERMA NOS CONSERVATION AUTHORITY ITEM NO. 3.2 TRES HERMANOS CONSERVATION AUTHORITY AGENDA NO. 3.2 STAFF REPORT Date: May 15, 2019 To: Chair and Board of Directors From: Troy Helling, Executive Director Subject: Treasurer's Report for the Month of March 2019 Recommendation: That the Authority receive and file the Treasurer's Report for the month of March 2019. Background/Analysis: Pursuant to the Amended and Restated Tres Hermanos Conservation Authority Joint Powers Agreement Section 5.3 Accounts, the Treasurer must verify and report in writing, at least quarterly, the amount of money held for the Authority, the amount of interest earnings, revenues, and expenditures since the last report. Attached for your information is the Treasurer's Report for the month of March 2019. Respectfully submitted, ��yv; Christina Buhagiar Treasurer Attachments Reviewed by, Troy�Helling _" Executive Director TRES HERMANOS CONSERVATION AUTHORITY TREASURER'S REPORT March 31, 2019 I. Funds Held by Authority: Cash Citizens Business Bank - Premium Money Market Total Funds Held by Authority II. Cash Flow Transactions: Fund General Fund Market Interest Cost Value Rate $ 170,531 $ 170,531 0.15% $ 170,531 $ 170,531 Beginning Ending Cash Balance Cash Cash Cash Balance 03/01/19 Receipts Disbursements 03/31/19 $ 90,409 $ 110,228 $ (30,106) $ 170,531 III. Certifications: In accordance with the California Government Code, the Treasurer certifies that sufficient liquidity is available to meet the Authority's anticipated expenditure requirements for the six months ending September 30, 2019. i% E10,00k,11 Christina Buhagiar Treasurer Tres Hermanos Conservation Authority Statement of Revenues, Expenditures and Changes in Fund Balances March 31, 2019 Fiscal Year Fiscal Year 18/19 17/18 Revenues: Investment interest $ 104 $ 139 Rental income 625 - Contributions from member agencies 109,591 - Total Revenues 110,320 139 Expenditures: Audit services 1,970 1,910 Legal services 21,328 - Security services 8,424 - Utilities 354 - Miscellaneous 100 - Total Expenditures 32,176 1,910 Excess of revenues over (under) expenditures $ 78,144 $ (1,771) Fund Balances: Beginning of fiscal year $ 92,387 $ 94,158 Excess of revenues over (under) expenditures 78,144 (1,771) End of fiscal year $ 170,531 $ 92,387 TRES HERMANOS CONSERVATION AUTHORITY ITEM NO. 3.3 TRES HERMANOS CONSERVATION AUTHORITY AGENDA NO. 3.3 STAFF REPORT Date: May 15, 2019 To: Chair and Board of Directors From: Troy Helling, Executive Director Subject: Check Register Recommendation: That the Authority approve the check registers for the months of March and April 2019. Background/Analysis: In order to maintain good accounting practices, the check register of the Authority should be periodically reviewed and approved by the Authority. Attached for your review and approval are the check registers for the months of March and April 2019. Respectfully submitted, Christina Buhagiar Treasurer Attachments Reviewed by, Tro4yell rn9 Executive Director Tres Hermanos Conservation Authority JPA CHECK REGISTER March 2019 DATE TRANSACTION TYPE NUM POSTING MEMO/DESCRIPTION AMOUNT 03/21/2019 Check 1010 Yes 02.15.2019 - 02.21.2019 -2,355.44 03/21/2019 Check 1011 Yes 03.01.2019 - 03.07.2019 -2,187.12 03/21/2019 Check 1012 Yes 02.22.2019 - 02.28.2019 -2,187.12 03/21/2019 Check 1015 Yes General Legal Services - Invoice #62117 -21,327.64 SGVWP V. City of Chino, ET AL. - Invoice #62118 03/21/2019 Check 1014 Yes 01.21.2019 - 02.18.2019 -685.00 03/21/2019 Check 1013 Yes Voided - General Legal Services - Invoice 0.00 #62117 SGVWP V. City of Chino, ET AL. - Invoice #62118 03/21/2019 Check 1009 Yes 02.12.2019 - 02.14.2019 -1,009.44 03/29/2019 Check 1016 Yes Billing period 02.01.19 - 03.05.19 (32 days) -155.92 03/29/2019 Check 1017 Yes 03.01.19 - 03.31.19 -144.83 03/29/2019 Check 1018 Yes 03.01.19 - 03.31.19 -53.68 Total -30,106.19 Tuesday, April 30, 2019 11:47 AM GMT -7 1/1 Tres Hermanos Conservation Authority JPA CHECK REGISTER April 2019 DATE TRANSACTION TYPE NUM POSTING MEMO/DESCRIPTION AMOUNT 04/02/2019 Check 1019 Yes 03.08.2019 - 03.21.2019 -4,374.24 04/11/2019 Check 1020 Yes Period 03.20.2019 - 03.20.2019 -15,997.67 04/11/2019 Check 1021 Yes Billing period 02.04.2019 - 03.13.2019 -245.84 04/11/2019 Check 1022 Yes 03.22.2019 - 04.04.2019 -5,179.44 04/11/2019 Check 1023 Yes March Electricity -224.72 04/18/2019 Check 1024 Yes Tres Hermanos Office Supplies -49.61 04/18/2019 Check 1025 Yes Services Rendered 03.31.2019 -8,896.48 04/18/2019 Check 1026 Yes Billing period 03.05.19 - 04.03.19 (29 days) -51.76 04/18/2019 Check 1027 Yes 04.01.19 - 04.30.19 -107.25 04/18/2019 Check 1028 Yes Deposit -565.00 04/18/2019 Check 1029 Yes Tres Hermanos - 1250 Grand Ave, Chino Hills -158.76 04.01.19 - 04.30.19 04/18/2019 Check 1030 Yes Pest Control -5,700.00 04/29/2019 Check 1031 Yes Billing period 02.05.19 - 04.03.19 -215.91 Service Establishment Charge $25.00 04/29/2019 Check 1032 Yes 04.05.2019 - 04.18.2019 -4,374.24 04/29/2019 Check 1033 Yes Water usage 03.13.2019 - 04.10.2019 -195.84 Total -46,336.76 Tuesday, April 30, 2019 11:45 AM GMT -7 1/1 TRES HERMA NOS CONSERVATION AUTHORITY ITEM NO. 5.1 TRES HERMANOS CONSERVATION AUTHORITY AGENDA NO. 5.1 STAFF REPORT Date: May 15, 2019 To: Chair and Board of Directors From: Troy Helling, Executive Director Subject: Adopt the Statement of Investment Policy Recommendation: That the Board of Directors adopt Resolution THCA No. 2019- 05 adopting the Statement of Investment Policy for the 2019-20 Fiscal Year. Background/Discussion: Pursuant to the Amended and Restated Tres Hermanos Conservation Authority Joint Powers Agreement Section 3.8 Treasurer, an investment policy will need to be annually adopted by the Board of Directors, as required by the State of California Government Code section 53646, and consistent with Government Code sections 16429.1, 53601, 53635, and 53684, as they may be amended. Respectfully submitted, '�7 Z�e Christina Buhagiar Treasurer Attachments Reviewed by, o elf ;g Ex-ecufive Director RESOLUTION THCA NO. 2019- 05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRES HERMANOS CONSERVATION AUTHORITY ADOPTING THE STATEMENT OF INVESTMENT POLICY FOR THE 2019-20 FISCAL YEAR WHEREAS, the Tres Hermanos Conservation Authority (Authority) requests to adopt the Statement of Investment Policy for the 2019-20 fiscal year; and WHEREAS, the Statement of Investment Policy provides the Board of Directors shall annually review the Statement of Investment Policy; and NOW, THEREFORE, BE IT RESOLVED, Section 1. Investments of the Authority's funds for the 2019-20 fiscal year shall be made in accordance with the Authority's Statement of Investment Policy attached to this Resolution as Exhibit "A". Section 2. The policy adopted by this Resolution is in addition to and supplements any other legal requirements. Section 3. The Statement of Investment Policy adopted by this Resolution supersedes all investment policies previously adopted by the Board of Directors. Section 4. The Treasurer must make a monthly report of any investment transactions to the Board of Directors as required by Government Code section 53607. PASSED, APPROVED, AND ADOPTED this 15th day of May, 2019. Cory Moss Chair Tres Hermanos Conservation Authority Julie Gutierrez -Robles Authority Secretary Tres Hermanos Conservation Authority Resolution THCA No. 2019- 05 ATTEST: I, Julie Gutierrez -Robles, Secretary of the Tres Hermanos Conservation Authority, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the Board of Directors of the Tres Hermanos Conservation Authority, at its regular meeting held on the 15th day of May, 2019, by the following Roll Call vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: rAS :•�'9] TC ��: ►I__1I•_ Julie Gutierrez -Robles Secretary Tres Hermanos Conservation Authority Exhibit A TRES HERMANOS CONSERVATION AUTHORITY Statement of Investment Policy Fiscal Year 2019-20 1. POLICY It is the policy of the Tres Hermanos Conservation Authority ("Authority") to meet the short and long-term cash flow demands of the Authority in a manner which will provide for the safety of principal and sufficient liquidity while providing an investment return. The purpose of this Statement of Investment Policy ("Investment Policy") is to outline a process of the investment of Authority funds in a prudent manner in order to meet Authority objectives. 11. SCOPE This Investment Policy applies to all investment activities and financial assets of the Authority held by the Authority and its agents and trustees. III. DELEGATION OF AUTHORITY Pursuant to the Authority's By -Laws the Treasurer shall perform the duties as authorized in Section 6506 et seq. of the Government Code. Where the Board of Directors delegates the responsibility for investing the Authority's funds to the Treasurer, if the Treasurer is absent or otherwise unavailable to make investments, the Treasurer delegates those responsibilities to the Finance Manager at the City of Chino Hills. Investments made by the Finance Manager will be restricted to the State of California Local Agency Investment Fund ("LAIF"). The Treasurer may delegate to subordinates the execution of daily investment transactions. These investment transactions shall be approved by the Treasurer. IV. PRUDENCE All investments purchased shall have daily liquidity or a final stated maturity date upon which the full principal value of the security will be received. Although the investment will mature at full principal value, it is recognized that the market will vary throughout the life of the security. V. OBJECTIVE The objective of the investment portfolio is to meet the short and long-term cash flow demands of the Authority. To achieve this objective, the portfolio will be structured to provide safety of principal and liquidity while then providing a return on investments. -1- The following criteria, in priority order, shall govern all investment decisions. A. Safety of Principal Investments of the Authority shall be undertaken in a manner that seeks to ensure that capital losses are minimized, whether from institution default or erosion of the market value of securities. The Authority shall seek to preserve principal by mitigating the two types of risk in order of importance: 1) credit risk, and 2) market or interest rate risk. Credit Risk. Credit risk, defined as the risk of loss due to failure of an issuer of a security, shall be mitigated by purchasing Treasuries or high-grade securities. All investments beyond Treasury securities will be diversified so that the failure of any one issuer would not unduly harm the Authority's cash flow. Credit risk shall also be mitigated by pre -qualifying financial institutions, broker/dealers, intermediaries and advisors with which the Authority does business. 2. Market or Interest Rate Risk. Interest rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by structuring the funds 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, and by investing operating funds primarily in shorter -term securities. The cash flow is updated on a daily basis and will be considered prior to the investment of securities, which will reduce the necessity to sell investments for liquidity purposes. Long-term securities shall not be purchased for the sole purpose of short-term speculation. Securities shall not be sold prior to maturity with the following exceptions: 1) a declining credit security would be sold early to minimize loss of principal, 2) a security swap would improve the quality, yield, or target duration in the portfolio, or 3) liquidity needs of the portfolio require that the security be sold. Purchases of investments will be restricted to securities with a final stated maturity not to exceed five (5) years. B. Liquidity The funds shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. C. Return on Investments The funds shall be designed to attain a return on investments through budgetary and economic cycles, taking into account the investment risk -2- constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. VI. ETHICS AND CONFLICTS OF INTEREST The Treasurer and other employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or which could impair their ability to make impartial investment decisions. The Treasurer and investment employees shall disclose any material interests 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 and shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of their entity. The Treasurer and investment employees are required to file annual disclosure statements as required by the Fair Political Practices Commission (FPPC). During the course of the year, if there is an event subject to disclosure that could impair the ability of the Treasurer or investment employees to make impartial decisions, the Board of Directors will be notified in writing within 10 days of the event. VII. SAFEKEEPING OF SECURITIES Investments in LAIF are undeliverable and are not subject to delivery or third -party safekeeping. 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. On a monthly basis, the custodial asset statement shall be reconciled with the month end portfolio holdings. On an annual basis, the external auditor confirms investment holdings. VIII. REPORTING Pursuant to Section 53607 and Section 53646 of the Government Code, the Treasurer shall render a report to the Board of Directors containing detailed information on all investments and moneys of the Authority. The report will be submitted on a monthly basis and be provided to the Board of Directors within 30 days following the end of the month. The report will contain the following information on the funds that are subject to this Investment Policy: 1) the type of investment, name of the insurer, date of maturity, cost in each investment, 2) the market value and source of the valuation, 3) a description of the compliance with the statement of Investment Policy, and 4) a statement denoting the Authority's ability to meet its pool's expenditure requirements for the next six months, and 5) transactions for the period. -3- IX. INTERNAL CONTROLS The Treasurer shall develop a system of internal investment controls and a segregation of responsibilities of investment functions in order to assure an adequate system of internal control over the investment function. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. X. AUTHORIZED INVESTMENTS The Authority's investments are governed by California Government Code, Sections 53600 et seq. Within the investments permitted by the Code, the Authority seeks to further restrict eligible investments to the guidelines listed below. In the event a discrepancy is found between this policy and the Code, the more restrictive parameters will take precedence. Percentage holding limits and credit limits listed in this section apply at the time the security is purchased. STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND (LAIF), provided that: • The Authority may invest up to the maximum amount permitted by LAIF. • LAIF's investments in instruments prohibited by or not specified in the Authority's policy do not exclude the investment in LAIF itself from the Authority's list of allowable investments, provided LAIF's reports allow the Treasurer to adequately judge the risk inherent in LAIF's portfolio. XI. PROHIBITED INVESTMENTS AND TRANSACTIONS A. The Authority shall not invest any funds in inverse floaters, range notes, or mortgage derived, interest -only strips. B. The Authority shall not invest any funds in any security that could result in zero interest accrual if held to maturity. However, the Authority may hold prohibited instruments until their maturity dates. The limitation in this subdivision shall not apply to Authority 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, and following) that are authorized for investment pursuant to Section XIV, above. C. No credit union may act as a selected depository institution under Section 53601.8 or Section 53635.8 for certificates of deposit. D. The Authority shall not purchase or sell securities on margin. M E. Reverse Repurchase Agreements shall not be directly used by the Authority. F. The purchase of foreign currency denominated securities is prohibited. XII. POLICY REVIEW In accordance with amended Section 53646 of the Government Code, the Treasurer will annually render a Statement of Investment Policy for review by the Board of Directors to ensure its consistency with the overall objectives of preservation of principal, liquidity, and return, and its relevance to current law, financial and economic trends, and to meet the needs of the Authority. -5- (ATTAC H M E N T "A") TRES HERMANOS CONSERVATION AUTHORITY OFFICE OF THE TREASURER BANK/SAVINGS AND LOAN QUESTIONNAIRE AND CERTIFICATION 1 Name of Firm: 2 Address: 3 Telephone No.( ) ( ) 112 5 (Local) (Nat. Headquarters) Primary Representative: Manager: Name: Name: Title: Title: Tel. No.( ) Tel. No. ( ) What are the Total Assets of the Bank/Savings and Loan? 6 What is the current Net Worth Ratio of your institution? 7 What was the Net Worth Ratio for the Previous Year? W'7 What is your required Capital Ratios? A. Tangible Capital Ratio B. Core Capital Ratio C. Risk -Based Capital Ratio What are your Ratings (i.e., S&P, Moody's, Thompson, Fitch)? 10 What is the date of your Fiscal Year -End? A. Has there been a year during the past three years in which the Bank/Savings and Loan did not make a profit? M (ATTACHMENT "A") 11 Have you read the California Government Code Section 53630 through 53684 pertaining to the State's requirements governing the deposit of monies by Local Agencies? [ ] YES [ ] NO 12 Amounts above the FDIC insurance coverage must be collateralized as specified in the Government Code. Where is the collateral for Deposits held? Has there ever been a failure to fully collateralize? If Yes, please attach explanation. 13 What is the education level of the Primary Contact(s)? 14 How many years of related experience does the Primary Contact(s) have? 15 What transaction documents and reports would we receive? 16 What information would you provide to our Treasurer? 17 Describe the precautions taken by your Bank/Savings and Loan to protect the interest of the public when dealing with government agencies as depositors or investors. 18 Please provide your Contract of Deposit of Moneys pre -signed and sealed by your institution, as well as, any signature cards that you may require. 19 Please provide your Wiring Instructions: 20 Please provide your Bank/Savings and Loan most recent certified financial statement. In addition, an audited financial statement must be provided within 120 days of your fiscal year-end. 11FA (ATTACHMENT "A") - CERTIFICATION - I hereby certify that I have personally read the Authority's Investment Policy and the California Government Codes pertaining to the investments and deposits of the Authority, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the Authority. I understand however, that our firm is not obligated to monitor the percentage limits on the investments as described in the policy. All sales personnel will be routinely informed of the Authority's investment objectives, horizon, outlook, strategies and risk constraints whenever we are so advised. We pledge to exercise due diligence in informing the Authority's Treasurer of all foreseeable risks associated with financial transactions conducted with our firm. I attest to the accuracy of our responses to your questionnaire. NOTE: Completion of Questionnaire is only part of the Authority's Certification process and DOES NOT guarantee that the applicant will be approved to do business with the Authority. SIGNED: DATE: COUNTERSIGNED: DATE: (ATTACHMENT "B") Glossary of Investment Terms AGENCIES. Shorthand market terminology for any obligation issued by a government- sponsored entity (GSE), or a federally related institution. Most obligations of GSEs are not guaranteed by the full faith and credit of the US government. Examples are: FFCB. The Federal Farm Credit Bank System provides credit and liquidity in the agricultural industry. FFCB issues discount notes and bonds. FHLB. The Federal Home Loan Bank provides credit and liquidity in the housing market. FHLB issues discount notes and bonds. FHLMC. Like FHLB, the Federal Home Loan Mortgage Corporation provides credit and liquidity in the housing market. FHLMC, also called "FreddieMac" issues discount notes, bonds and mortgage pass-through securities. FNMA. Like FHLB and FreddieMac, the Federal National Mortgage Association was established to provide credit and liquidity in the housing market. FNMA, also known as "FannieMae," issues discount notes, bonds and mortgage pass- through securities. GNMA. The Government National Mortgage Association, known as "GinnieMae," issues mortgage pass-through securities, which are guaranteed by the full faith and credit of the US Government. PEFCO. The Private Export Funding Corporation assists exporters. Obligations of PEFCO are not guaranteed by the full faith and credit of the US government. TVA. The Tennessee Valley Authority provides flood control and power and promotes development in portions of the Tennessee, Ohio, and Mississippi River valleys. TVA currently issues discount notes and bonds. BROKER. A broker brings buyers and sellers together for a transaction for which the broker receives a commission. A broker does not sell securities from his own position. COLLATERAL. Securities or cash pledged by a borrower to secure repayment of a loan or repurchase agreement. Also, securities pledged by a financial institution to secure deposits of public monies. CREDIT RISK. The risk that principal and/or interest on an investment will not be paid in a timely manner due to changes in the condition of the issuer. DEALER. A dealer acts as a principal in security transactions, selling securities from and buying securities for his own position. DURATION. The weighted average time to maturity of a bond where the weights are the present values of the future cash flows. Duration measures the price sensitivity of a bond to changes in interest rates. (See modified duration). LIQUIDITY. The speed and ease with which an asset can be converted to cash. LOCAL AGENCY INVESTMENT FUND (LAIF). A voluntary investment fund open to government entities and certain non-profit organizations in California that is managed by the State Treasurer's Office. MARGIN. The difference between the market value of a security and the loan a broker makes using that security as collateral. M (ATTACHMENT "B") MODIFIED DURATION. The percent change in price for a 100 basis point change in yields. Modified duration is the best single measure of a portfolio's or security's exposure to market risk. PRIMARY DEALER. A financial institution (1) that is a trading counterparty with the Federal Reserve in its execution of market operations to carry out U.S. monetary policy, and (2) that participates for statistical reporting purposes in compiling data on activity in the U.S. Government securities market. REPURCHASE AGREEMENT. Short-term purchases of securities with a simultaneous agreement to sell the securities back at a higher price. From the seller's point of view, the same transaction is a reverse repurchase agreement. SAFEKEEPING. A service to bank customers whereby securities are held by the bank in the customer's name. TREASURY BILLS. All securities issued with initial maturities of one year or less are issued as discounted instruments, and are called Treasury bills. The Treasury currently issues three- and six-month T-bills at regular weekly auctions. It also issues "cash management" bills as needed to smooth out cash flows. TREASURY NOTES. All securities issued with initial maturities of two to ten years are called Treasury notes, and pay interest semi-annually. TREASURY BONDS. All securities issued with initial maturities greater than ten years are called Treasury bonds. Like Treasury notes, they pay interest semi-annually. -10-