HomeMy WebLinkAbout0241.095•
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City of Palo Alto
City Manager's Report
TO: HONORABLE CITY COUNCIL
A lTE1ItIION: FINANCE COMMIITEE
FROM, CITY MANAGER DEPARTMENT: FINANCE
AGE1It"DADATE: MAY9,I99S CMR:141:9S
SUBJECT: PROPOSED CHANGES TO THE CITY'S INVESTML"IT
POUCY
REOUEST
The City of Palo Alto Statement of \nvestmelll Policy requires review by COI!IlCiI annually
as part of the budget process. Staff is proposing changes 10 the CIL'Tent policy for the 1995-
96 Budget.
RECO~VMENDATH)NS
Staff recommends that Council approve the fOllowing cbanges 10 the \nvestmcnl Policy:
1) ModifY position responsibilities 10 reflect the changes made os • resuit of the
Organizatiooal Review.
2) Under the Safety section afth. \nvestment Policy, increase the percentage required
of institutions in reportiog scheduled items from no mo<e ilian J .5 percent of assets
10 no mere than 2.5 percent of assets.
3) Remove the rolb"1raint on tbe investment in Federal farm Credit Agency (FfCA)
securities and allow for no more than 10 percent of the po<tfolio in ffCA securities.
ror.lCY [Mr! ICATmNS
No policy changes are proposed.
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EXEClITM SUMMARY
Annuillly, during !he budget process, staff submits the Investment Policy I<> Coonei! for
review and approval. Staff is prOJlO"in~ modifications 10 Il>c Investment Policy I<>
implement cha~ges in position responsibilities as I result 0( Ill. Organizational Review, 10
address \he changes in the banking industry that irupac!.-d the reporting of scheduled items,
and 10 ~ improvtment made in !he strength 0: securities ~1led by the FFCA.
0R'Dizatiop" Bcyicy
I. December 1994, C<>W1Cil "I'PfO"ed two O<ganizational Rniew tecommeooations ",aJe by the
City Manage< thai had II!l impact O<l the Department of Financ.. The first .. ,.. the <reaGon of !he
DeparonenI of Administrative Scrvi<=, whicb comblned the Departments of Fi= and
Infonnation Resoum:s. The second was the eliminatioo ofllle Treasury Manager position, reducing
the numl>er of manager.; in the T"""""i' function by one. The lnv<Stmenl PoijC)l has beeo roodified
to reIlect Ibesc dllUlgcs. The proposed eha,,!!es to !he Investment Poocy reflect !he new !ilks and
responsibilities fu<!he merged dcpartmcn'" and sufi. i"rovided 00 Atta<bmep.t 2 is an orgarJ7J!tion
chart fOr the llC\',fO" created Administrative SenoicC'S Dq;artment
Schedgled Itrms
Several years ago, IIIe City estabf1Shed criteria for detetmi nin@ whick finaru;ial institutions (hanks
and savings &rid IoaIlsl could be osed by the City for !he pun:hasc of conateraf=d certificales of
deposit. The cn1cria included. measure of cqtilty; • financial in:.1itutioo must report an equity ratio
of at least 3.5 jlCI<ent Qf asset<. The institution must also report positive earnings in three of the last
four quarters and have been in operation iOr at!eas: three years. Finally, the institution's scheduled
items (noo-pedOrming assets scheduled 10 be .. Titten off) must be no more than 1.5 percem of assets.
Staff developed the scheduled item criteria (15 percent of assets) oorl2ing hankins industry
infonnation from the early 1980'.. At that time, Ibis criteria provided sufi with "!'Proximately 25
financial institutions to select from for certiticate of deposit investments. Rttently.!he scbeduled
ittm requi=nent has proved to be • difficult DOe for financial institutions to meet This is due to
• regulation, implemented in the !ate 1980's, that required banks to value ISseis at C'J!Tent market
price rather than purchase prX:e This regulatioo resulted from !he fCderal regulator'. conoerru;
regarding the investments maJe by financial institutioll'S, after the banking industry was deregulated
and hanks were allowed 10 invest in securitie> with more risk-M a ROSU!t ofthi. reguIatioo, financial
instituMns were forced to reflect assets -a-ith negative values in their financial statements and
transfalllem 10 scbeduled it::ms mue. soor.er. With Ibis new regulatiQn, dwing the 1994-95 fisca!
yea<. the list of instiMions 'l'JaIified 10 do b>JSiness ",ith the City dropped 10 as few as 11>."",. As.
resuJt. iI is diffi.."'Ult for staff", obtain ccmpetitive interest rate quotes on certificates of deposit; and
the Ci!y has lost investment opportunities. For example, .in December 1994, Sumitomo Bank of
C.lif<>mia (owned by Sumitomo Baillc and ranked as the third largest bank in the world as of
December 1993) was removed from the City'ts fu;t of qualified institutions, due \o.a late yea;
transac'OOo that resulted in scheduled items of 1.9 percent or assets. Staff was not able 10 invest in
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SwnilOmo &nl certifica'" of deposits and subsequently invested in I securi!y with • 0.3 10 0.5
percew lower interest rd.te.
As • [.,,,.lIt of Ibe chang .. in the banking industry, staff is recommending an incn:ase in the
!Cheduled items requiremenJ 10 no more !han 2.S peIC<llI of assets. This increase "ill .Oow staff 10
invest in financial institutions lhat are =tly unavailablo .. inle, at the same tiine, the 2.S pcICeot
n:quirement. oombined with the equi!}', earning and opet1!tions requirements, provides staff ;he
II3SUrII!lCe lhat the CiIjI has invested in a safe institution. Staff expeets lhat the revised requirement
will provide the CiIjI with approximately the same number of qualified fill2llCiai institutions as in
the early 1980's. .
(edenl Flew emlit "URhJ
During the early 1980's, the farming industry suffered numerous finan<:iaIlosses and "'=lGsures,
and then: was • eoocem that many Wmers would nOl be able 10 repay their out>1Bn:Iing loans and
""minue to operate. n.. notion'. fanners were very vuIoerable; 2nd the FFCA, which belped finance
=y of their loans, w.I$ und<:r signilicanl pressure 10 <oDect outs'.anding debts. [t was during this
lime lhat the CiI)' made I deci.."ioo '" =1rict FFCA =untks from the authorized list ofinvestments,
In the las! five 10 eight years, the FfCA has regained the C<lnfiden<e offinancial market>. Thl. is
primarily due 10 the federal gov=ent's commitment to guazantee repayment of the securities
issued by FFCA. In recent ye>rs, the FfCA has become a very competitive is.."uer, and now issues
=unties with interest rates comparable 10 the Federal Home Loan !!ani: and lhe Federal N2liorud
MoIfgage C<xporation. As a result, staff =mends removing !be investment n:striction on HCA
securities, aDow'.ng IOc 00 more th2n 10 percent of the portlOIio io FfCA se<:Uri1ies. Staff b2S
CQnfiden<e in placing funds with !be agency """" again, since sufficient lime has elap-oed between
!he problems experienced in the 1980's and the federal govemmenf. intervention. n.. State
(Caflfornia Code 53601) has contioued ... aDow local government iovestment in FfCA securities,
even Ihroogh the financilll difficu!ti .. experienced in the 1980's.
I'roposd hYC:ltm!!pt l&dodagoD
The Senate 1<JCai Government C<>mminee has spp!oved several bills, now pending in !he SeDli!e
Appropriations COIP.rnIttee., that IDa"'J have an impact on 1oc3I glJvernment mvestrnen:i practices.. This.
proposed legislation cornes al'.er review and open hearings 00 the Orange CoUU(, bankruptcy.
Provided, fc< information pwposes only, is. SUffilIlIU)' from the League of California Cities on !he
PlOposcd legislation (A!'"",bmen! 3). Staffwm return 10 Council willl any fiuallegis.2Iion baving
an impact on the Ci<y'slnvestment Policy.
f:NY1RONMENTAL AssrSSME1U
There is 00 nee~ lOr an envuorunentar assessment for this report..
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AUAC!JMfNTS
!) city of Palo AJ<.o Investtn<11l Polky
2) .'dlninistrative Sctvi<es llep&rtmenl OrganizatioQ Chart
3) Proposed Lo<.o! I.ovestmen/ I1gisl.tion
Lalo Pe=. Financial .""-tl)'l!t
Melissa C .. "lillo, .a..s;,1ant Finan« Di.'1OCW
DEPARTh!ENTHEADAPPROYAL: --b«, . D
Emily Harrison
.00f0C!lJ< off"
roy MANAGER APPROVAL:
CC:nl.
ATTACIIDT 1
CITY OF PALO ALTO
Statement of investment P~licy
As a cbarter city# PalQ ~to operates its ~led idl~ cash ~vestment6
under the ~rudent investoc rule and in conformance ~th California law~
Investment.s are made with tbe judgement and care. under t.he cirC'Ur.\Stances
~hen prevailing, ~b1ch investors ~th p~dence# di6cretion, and
totelllgen~e would make considering the safety of their capital as well
a~ probable inc.::ae. This affords. the City a broad spectrum. of invest.If.eIlt.
-opportunitie.s.. so loog as tbe investltlS!lt is deemed prudent and is
a110wable under curr~Dt legislation of tbe State of ~alifornia and the
charter cf t~e City of Palo Alto.
Palo Alto str1v=s to ~diDtain the level of investment of all idle fur~ds
as near 100 percent as possible .. through daily ~d projected cash flow
det.e:rll'.inations. I:rwestmer..ts are made EO that maturities match or precede
cash needs of the City.
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pa T tpsoPHX
The hasie premiE"e ur...derlying Pa.lo Alto's investment philosophy :is to
insure that sufficient money is alwa.ys ava.ilable to meet current
expenditures.
"rhe City is able to take advantage eof the r~ll!.tively large reserve
balances maintained by its tltiliti-es~ which allow it to take a~vantag.e
of the general tendency of the market to provide a higher return for
longer-term investments (known as liquidity prefereoce). Up to 2C
percent of the portfolio may be in investments maturing in more than five
years. CODsequently~ in the lcog run~ the City should average a higher
t~al return than mo~t cities ~thout such reserves to inve~t.
The economy. the money markets .. and various financial institutior:.s (such
as the Federal Reserve System) are monito:red <:ar-ef1.!llly to assess the
prObable course of interest rates. In a market with increasing interest
rates. the City will te:::ld to invest new cash in seC"o.lrities with
relatively shorter maturities. This vill aIlo"., the funds to be available
for ocher investrr.ents when the interest rates are higher.
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Idle cash ~~gement and investment transactions are the respoDsibil1ty
in Sectiune 2.0a.+84 l~O 'l;:Ir!~ratt!& 2.98.196 -o,f the Palo Alto Municipal
Code~
!'~ :Manager include mar.aging tbe City's portf.olio of treasury
investments. remaining accountable fer the City's treasury h~lance~
developing and lIlOllitorirag the City's cash flow ~l and developing long-
term revenue and :fina't'lcing strategies i&!ld forecasts.
A SenIor Fina.nc!al Analyst/Investments reports to t.he 'i're8:I!II:t!!} ~~"~
Manager. The ~enior Financial A-~alyst/lnves~ts assists the TreaS~F)
~lJ";J~ce I'!anager in the purchase and sale of securit ies. The senior
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Financial Analyst &.lao prepares tbe monthly report .. ar-.d daily recor!!!e all
invest:meIlt transactions as to tee type of inv-eatment .. amount, yield:, a..'1:d
maturity. cash flow projC!ctionll are prepared a,s neecjed.
au~horized to make all inve8tmen~ tr~.s~ction6 allowed by the Statement
He or she tn.ay authorize the 'fl"ea!Jtt:!) :r~
Kar..ager or Seni~ Financial A."lalYEt/I~,,~~ to enter into investments
within cleo!.rly specified paramete::z:s.
In all c~rcumatances app-roval from the Director 0'£ Adm1.aist.ratl~
~~~,~e8. FiI'IHtee is required before selling securities from the City's
port.iol io ~ The i'peaen:!1!') ~i~e Manager and the senior FinaLciCll
Analystf~nve~~_~ may also transfer no more than $S million in a day
€rom the City~s g~neral accoun~ to ar,yone fLnancial institution~ vithout
No other person has authority to make investment transClctions wit.hout. t.he
writt.en authority of the Fiftdflee Directo.r of Administ,~t.i,,!,e Services.
Investments are limited to the fol1owi~g media:
1. Securities of the u.s. Government. or its agencies
2. Certificates of ~posit (or time Deposits) teD}
3." Negotiable Certificates of Deposit (NCO)
4. Ba~~ert8 Acceptance ~es {SA}
S. COOtnercial Paper
,. Local Agency Invl&stment ?u."'ld (LAlF)
'1. Short-te:nr;. Repurchase Agreements {REPO}
6. City of Palo ~to Bonds
9. Money Market Accou~tSi and
10. Mu·tual F1.mds Which are limited Ess.entially to the above
investmen''C$ and further defined in note 9 of Appendix "-~
Appendix .J.. provides a Q'IOre detailed description of each inv~stme~t
vehicle and its security and liquidity faatures. ~st of the City~s
short-term investments will be in securities wbich pay prin~ipal upon
J&attl.rity.. while tong-tere investrr.ents may be in securities which
periodically repay principa~ as well as interest. MOst of the Cityts
investments w111 be at a fixed rate. However~ some of the investments
may be at a variable rate.
Cr1teria for sel~ctlng investments are {in o=der of import~e!;
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1. Sa!etl'-~
).~ Yi~ld.
Use of ar~r!! and Df::1!)ers
acce~able brokers and dealers~ Any broker or dealer must have at least
three ~3.rs experience ~ra.ting -with California mu..."'J.i>':'ipalities~ rosintain
an ioventory of tradi:ug securities of at least .$10 ..,illiOtl~ and be
being added to ~ Cit)-'!; list of approved beokers and dealers. A broker
or dealer w!11 ~ removed from the list should there develop a biEtOrz-
of prOblemn~ {i.e .• f~il tc deliver securities as promised, failure to
. honor t.ransactions as -quoted.. or failure to provide reasonable
infon-.ation} _
Reyi!,., and Reporting on Inyest-mepts
~eviey performance in relation to the ~ouncil-adopted policy. Moatbay.
the Department will report to the Council. in a manner approved by the
Council. its performance in relation to thie policy and explain imY
deviatioc. from the policy and reco:mnendationa f:jr cbanges .. if any -The
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~~il ~ll revIew thi, poli~ .nnually a8 part of the BUQget Fr~ess~
All cb~e. in p<)1icy mw;.t be a,pprove4 by the Council p:tior to
implem.ent&tlon~
Oe,pending upon the «~Y' s f!n4ncial situation and <:onOitions in t~ aoney
market.~ the invest~nt 8trate~1 viIi c~ge to achieve the approp=i~te
balance of eafety. liquldi~y and yield.
? No more t.ban 10 percent « che ~tfolio ill collateralized CCS
". -of any inatitut.ion.
-An institu·tion must be federally insured; and
-aa~e ~en in operatioa for at least three years I with
positive earni~s for ~t least three of the past four
quarter! of operat.ion; ~d
-Report equity in excess of 3 percent -D'! assets; and
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-Rep¢rt I5chEdule4 items not in excess o,f 4-.-§. ~~ percent of
assets.
o No more than 30 percent of the portfolio. in neqotiable COS .
• 50 mere t'h.an. $2' million .. -ith anyone institution.
-50 IJegot.ii!tble CDS vith maturities beyoc.d SO days.
-An institution ~~~t meet the same safety teets as
oollaterali~e4 CDS.
o 50 more than 30 percent 0·( the po'l"tfolio in Bankerts
Acceptance Botes.
~ No. lIlOire than $5 1IIi11ioo vith any o;J...! institution.
o No ~~ tean lS percent of the portfolio in Corrroercial Paper.
-No more than $3 million with anyone institution.
o Limit investrnen,ts uclus!vely to those etipu.lated under
types of inv~stment6 (specifically, there _~ll be DO
investments i~volving Reverse Purcr~se Agreements).
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SeC"...Lritiea.
o No more than 2 percent of the portfolio in tf"l..e G'.J~r.nt~ed
Portion of Small ~Jsicess Administration Notes.
o No I!tO-re than 15 percent of pcz'tfo110 in Mutllal Funds.
o No more than 10 percent; of portfolio i.n callable agency
sec~itie.s •
.0 No more thall 10 percent <>f port.fo1io in. .government;. agenC)l
MUlti-Step-up securities.
i"i guidj ty
by investment l:TV-st be evaluat~d on it.s ma~ket rate and interest rate
ri$k. If the security must be li~Jidatedi it may have a small market and
need to be aold at a loss .. and if intercst rates increase, the value of
an investment may go down.
~De market rate risk is very low for u.s. agencies and ~ since there
i8 an active market in these se~~r1ties. It is more difficult to find
a purchaae:r -of !JCDs or commercial paper, and most CDS cannot be
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liquidated ~thout a 5~stanti.l 1068 of interest. Usually, the longer
term the investment the larger degree of interest rate risk. If interest
ra.tes increase. it i5 lU:ely that the long-ter= investlr.ents -woula.
deereaae iT.\. value. Th,is lIP primarily .e. fa.ctor for securities 'Which have
~turities in excess of tvo years. Since almost all of the investments
held: by the City of Pslo Alto with maturities i.e. excess of tvo years are
O.S. gove~~nt securitle8~ it i~ possible to maintain fairly a~urate
re~Os on the R'.arket va.lue .of these Becurities and shew the mo:rket 'V·alue
and ~ential 108S to interest rate risk. This risk is a part of all
long-term investment portfolios and does not. become an impor-tant factor
unless there is a need f'Or the cash~ and the loss (if a...iY) must be
realized.
The following are liquidity c¢nstraints:
0-l.iquidityenough to meet one month's cash needs.
o At least $SO ~~llion ~turing 5n less t~ 2 ~ars.
o No more than 2-0 percent of the portfolio shall "t'.e in
investments maturing in more than five years.
o Any security purchased with a maturity greater than 1"0-
years may pay pri.ncipal as -well as interest on a peri.odic
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o ".arlcet value cf the portfolio. vill excoeec3 'S percent of the
cost basis of the portfolio. Should the ratio Call bel~' 95
percent the Finance Pepartroe:nt restrict. future
investments to those maturing ill. one year or less and/or
liquidate securities as deemed financially prudent until the
ra~io is achieved~
o Commitment_s to purchase new seCtJrities shall be tnade-DO IrNre
~ban three l3) working days before pricin9~
YielcS: .. which is d~fined as the re~UU1 on an investment,. will be t.he t..hird
"C.ri't.eria for invest-men,te, after safety and. liquidity~
Whenever possible, the City vill obtain three or more bids on tM
purChase or sale of securities and take the higher yield on purchase or
higher price on sale. This rule will :nee apply to Dew issues 'Which are
purchased at ~rket DO more than three (3' working days before pricing.
IAIP .. City ot. palo Alto bonds .. money market accounts or &lUtual .funds.
which shall be evaluated 6eparat~ly.
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Adopted by City Council October ~2~ 1984.
Moath2y reporting ef!e~tive January 1985.
~nded and A60pted by City Council June 24~ 1995.
Amended :by City CQl.m.cil Decern'boer 2. 19S5-.
~nde6 by City Council June 23. 1985.
A~nded by City C~~ejl June 22, lSe7~
Ame~ded by City council ~gu$t 8~ 1988
Amended by City council Bo\~ember 2B, 1989.
A~ed by City Council June 26~ 1989.
~nded by Ci~y Council ~ay 14, 1990.
~~ by City Council June 24~ 1991.
~nded lrf City Council June 22~ 1992.
~~ by City Council June 2J~ 1933.
AJr.ended by City CO\ln~il November 18 .. 1993.
Arne:..ded by City Council June 20. 19:H.
Amended by City Council June 13~ 1995.
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APPENDI.!. A
EXPL1 .. JU..TION OF AlLOWABLE Ib."VES'I'lGlI."TS
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u. S . Gcvernme!lt Agency
Obligations include the 6~curlties of the Federal National Mortgage
AlIso:illtion (FNMAJ ~ Feoderal Land Banks (.FLB;} .. Federal Intermediate
Credit Bc.nks CFICS}. Banks tor cooperatives, Federal Home Loan Banks
{FHLB}. GcvernmeI.l-t National Mortgage Association (G'NMA}" Fed.eral
Home Loan Mortgage Corporat.iO!1 ~FHIJo!C), Student. Loan Marketing
Association (SLMA). Small Business Administration {saA}. Federal
Farm Credit (FFC) and Te~~ssee ~alley Authority <TVA~4 Federal
Agency securities are debt obligations that essentially result flO!:!
lending programs of tbe Government_ Federal agency securities
differ froo ~her types of securities as ~ll as among themselves.
Their characteristics depend on th~ issuing agency_ It is possible
to distinguish throe types of issues: (A) participation
certifiC'ates {poola~ eec-olrities) .. {9~ Certificate of In-teroe.st
(pooled 1ca.ns) ~ (C) I!,xes. bonds~ arA. debentures. Th.e securities
cf a !:ew agencies a:-e explicltly backed by -the full faith and ~redit
of t:he U.s. -GovernnLE;>..nt. All issues, however~ have defacto backing
from the federa.l gove:nme:n·t,; and it is highly unlikely t:hat the
government would let any agency def~ult on its Obligations.
2. ~rtificates of peposit. A Certificate of Deposit {CO) is a recei~
for funds deposited in a bank. savi~gs bank. or savings and loan
association foe a s~cified period 0% time at a specified rate of
intere~t. Denominations are $100.000 and ~p. The first $l~O~CO~
of a Certific&te of Deposit is guaranteed by the Federal Depcsil
l:nsul'a.:rc~ -Corporation {POIC) if the deposit Is ".dth a baz:k. or
the deposit ib vith a savinss and loan.. CPS rith ,i face valrJe in
excess of ~lCOiOOO C~ be collateralized by u.s. Gov~~~ent Agency
and Treasury Department eeC'J.rities c·r first mortgage loans.
~~~~ secu~ities must be at leaqt 110 pe=cent of the face value
of the CO collateralized in excess of the first $lOO.GOO~ The val~e
of first ~rtgages ~~st be at least 150 ~~cent of the face value
of the G) balance insured in e~ce5e of th-e firet $100.CQ~.
GP-nera11y, COS are iSfNed for more tl:..an )0 days a.c.d the maturity can
be selected by the purcha~er.
). Negotiable certificates o.f
Deposit (NCDs) are usually supported only by the stre..'1.gth cf ths
issuing institution~ but can be sold at any time and th~s provide
liq-..lidi ty.
4~ :Benkers. "rC;epti'D.ce. A Banker~s AcceptaIlce is a negotiable tiKle
draft or bill of exc"hetnge .arSl.WI1 on aLd ac<:epted by a cOfr'mercial
hank. Accepta::-.ce of the dra.ft irrevocably obligates the bank to pay
the bearer the face amount of the ~-aft at maturitYA BAs &re
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usua.lly created to. finance t.t<...e import a. .. d EXi"OL't of goods, the
s'!':!ipmene of goods 'W'!thin th., United Scates an:j storage: of readily
marketable 5taple commodities.
In ov~r 70 years of usag~ 1~ t~e United states. there has c~en DV
additiOn to the guarantee by the ac:cept.ing bank~ t'be transaction is
iden~ified ~th a epecific cc~ity_ ~arebou6e receipts v~rify
that t.he pledged commodit-.ies exist. ar..d. by detinition~ these
'I'''I:~.e sal~ .;:.f t.he underlying
goods generates the neces.sary funds to liquid.at~ the indehtE:-dness.
:BAS enjoy mar1Cet.ability since tht! Federal Res:erve s.a.nlt is aut:horized
to buy ar.d sell prilI'e BAs lII-ith matl:rit;les of up to nifif!-mont.hs. '!'hee
Federal Reserve Bank enters into re,P'.l.rc.."lal!e agreements i.e. t.he normal
courae of open ,'l\a.rket ope:rations with SA dealers~
BAs are sold at a discount from par~ ~ acce~ance is tied to a
specific loan trii.nsat;tion;: therefore~ the amount and m.lturity of the
accePtance is fixed.
5. £oaFercial Paper. C~rt;liiill paper n~~s are unsecured promissory
notes .of ind-c.strial -corporat.ion.e.. utilities~ and bank holding
companles~ Interest is discollnted from par and .calculated. using
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ac"tua.l ncmber of days on a 360-da:,' year. The n .... ....ee-s are in bearer
form. with maturities from one to-~10 days E.el~ted "ty the purchaser.
~a denominations gener_lly start at $100.000. Ther~ ie a emaIl
seccnda.ry market for .com.."'Jetcial paper [locea and an i:!lvestor rraf s.all
a ~e prior to ~turity.
Commercial papP.t:" notes are backed by unus~d linee ~f credit ~rom
J:M.jo.C banks. SCJme issuer's DOtes are insured "While sorr.e are backed
by irr~vocable. letters of cre::lit from. major banks. State law li!ldts
a City to jnvest~ents in United States corporations having assets
in excess ¢f £ive bur.dred million doliars ~th an -A-or higher
rating fO%: the i6auer?:s debentures. Cities may not in~.re'ilt trore t.han
)0 percent. o.f idle cash i!l cOCllI:':ercial paper.
6. l.ocjJ' AlJflogy InyestJnept FlIM Demand QeOO6it. The Local Agency
Il'lvest0eD-t Fund (LAlF) was est-ablisbed: by the state to enable
treasurers to place funds in a pool for investments. The City is
limited to an invest~er.tt of r.he amount a.llowed by LAIF (C1.!rrel:!.tly
$20 million}. LAIF has been pacticularly beneficia.1 to those
jurisdictions vith small portfolios~ Palo Alto uses this f\4~ for
sbort-term im,estm.en·t .. liquidity. and yield.
1. RgpllrdjaSe i!greeme nt64 A Repurchase Agreement {RBPOS} is I!ot a
security.. but a contractual a.rra.-,gelToE'.nt. bet ... een a fi.nancial
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institl-lt!.OO or d:ealer and §!l invescor. T'"r;.e a;reement normally can
run f-:-r one. or mere daya. 'l"he investor put ... -up-f"l.!nds fo.r a certain
:r:rurober of days at a st.a.t.ed yield:. In r~turn the tnveotor tak~s
title to a siven block ~f securities as collateral. ~ maturity the
securities are repurch3.aed and the funda r~paid plus interest.
usually# amounea are $SOO~OOO or more, but some repurchase
agreements can be smaller~
~~ Money Market .~cQgnt$. Money Marke~ Depocit Accounts are market-
sensiti\re ban~ accounts, which a.re available to aepositors at any
time -vitbout. penalty. TIle interest rate is -genera.lly cornpe.rable to
rates on JI1(')D.ey market mutual funds, though any individ-..l.al. bar.Jt t s
tate may be bigher or lower_ These accounts are insured by t.he
Federal DepoGit Insurance Corporation or the Sa~nga Association
Insurance FUnd.
9. ~~. Jtutua1 Funds are ahares of :beneficial interest issuad
by diversified ~gemen~ companies# as defined by section 23,01 M
of the Revenue and Taxation COde. To be eligible for inve$t:lJeDt~
ttese funds mu5t~
a. Attain the 'highest ranJdng in thE highest letter and numerical
r-ating pro"....-ided by not less than two of the three largest
nationally recogI:dzed rating sen."ices,; or
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b. Have an iLl,vestment advisor registered With tbe Se-euritie.s and
~change ~~~sion ~th n~ less tb~~ five years experien~e
in~Bting in the secuzities and obligations aa authcrizeQ by
sul:>t.:iiYisions fa) to (m)~ inclusi'lre. of £ection $311501 of the
California Government Code~ and ~th aS9~t8 under management
in eXcea8 of five hundreQ ~illioD dollars; and
c. InveBt sol~ly in tbose securities and Obligations authorized
by Sections S3~Ol and 53535 of the C~lifornia Government Ca6e.
","....ere the Invest.lr.eut Policy of the Cit)'" of ~a.l~ Alto !rAy be
1n('Ire r-estrictive tl:.ian the Stat.e Code, thE: policy aut-ho,dzes
invest:1nents in tnutual fu."1ds wbich shall have minimal
investment in gecur1ties ~he~is~ restrjcted by the CityYs
policy. ~nimal investment is cefined as less than 5 perc~~t
of tbe ~tual fund portfolio; and
d. t'he ~c'toase pr.iC'e of shares of beneficial intereet plJrchased
shall not. include any C<Xmd.ssion tr..at -these companies fl\a.y
charge.
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A TTACHI£IIT J
ADMINISIRA TIVE AqlVlTIES
30. Sm.wi IDd Tobocc<> Co.trot M ..... D Smokml in Ban .Dd T .... ru. -AS Il
(Chapter 3 10. Statutes of 1994), Updat.. .
31. Applicatio .. ror Crime Bill F •• d"IDi: Bool Camp. -Inrorm.riolL
32. "Colifonilio Bike Commute '95" is Moy 4, 1995 -Worm.riolL
.................
LEGr& ATIVE ACIDlTIES
I. RedeveJopmnt. Prohibition DD the Use 01 [mineat DomaiD Powen lor Commercial
Proporties. rss 1766 (Dills) -Oppose}
Hearing: Tuesday, May 2, Senate Judiciary Olrnmittee.
This bill WOIlld prohibit, for both existing and prospective project areas, the use of emine.!
domain power> by redevelopment agencies ror the purpose of ossembIing DUd iIr.proviDg parcels
IOc resole'" 0 bu.<iness developer. To ev.ry city official. it is obvious _ without !he powers
of emiDeDt domain, little or DO redevelopment of bBghted properties is possible in !he face of
recalcitranl or greedy property OWDCr5.
Cities should contact members of the Senate Local OovemtneDt Committee and indicate their
oppositiou 10 SB 1266. (S« Committee membership after Legislative Activities in this Bulletiu)
(Rd"ened 10 previously in Bulletin ill·199S and 12·1995.) (League Staffi Judi Smith]
2. LoeaIlavestmenf Policies.
(NumerOU! Bills Being Heard in SemI< Appropri.6ons Committee and Pending 00 the
Senate Floor -WormltroD J
On March 29 and ;0, the Senate Local aovernmeDt OJrnmittoe i>eld I two-day hearing on
Orange County's Bankruptcy. The Leag .. offered thelODowing ",ritle. comments 10 members
of the committee:
"The League,. working in conjunction ~th the· CaIiforn:ia Municipal T reasufers Association
(CMT A) DUd the Caflforni. Society (}f M"nicipal Fina.'lC< Officers (CSMFO), has reviewoo the
prelimiIwy report ot the Senate Special Committee on Loc.al Government rn-.. estment and the
recornmen~tiollS of lhe Investment Task Force of the State Tleasurer. The League has
signifkant concerns with Iegis1iiltion which focuses on micro managemenl of local investments
rather th.on focusing on !he basic principl<li of sound public investment practices.
3 April 10, 1995
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The League bas major concerns with the proruoition of specific investment sec:..trities, The
mv=;trnent policy of the local agen<y should be 10 avoid investment 5tr3te~ v.ith • high degree
of r'~ i •.• those which put principal and Equidity in jeopardy. It sl!ould be .mphasi .... d tIW
-dc:rivatiVdi" are not inherently bad securities for pub[lc investOfS. Many derivatives -can be used
to reduce !be risk of • portfolio. E.xamples would be variabl. rate .. ,urities which or, tied
directly 10 short term interest rales Q! purcllase of futures to bedg. the pric. of gasoline used by
agencieo whiclll!av. large automobile fleets.
The League .ndorses !be foDowing =ommendations of1he lnves .. rnent T ask force of !be Sillte
T=-er:
I) The local treasurer or chief fiscal officer should be required 10 2ll!luaIly submit.
written investment poEey 10 the Iegislativ. body of the local agency. AdditionaDy •
• quarterly report DC !he local agenty's investmcn1 securities should be required.
2) The ... of leverage in local investment portfolios should be re .. tricted by limiting
reverse repurchase agreemen~ used to bi.Iy secu.oities 10 no more than 20 percent
<>f the portfoEe>.
3) The League. CMT A and CSMFO would be willing and eager to work ",ith !be
California Debt Advisory Comrnissi<Jn 10 develop .llbal1~ continuing education
programs ~ <oily financial manag=. Ir<asurers and .lec1ed olEdals in molters
relaled 10 !be inveslm<nt of pubEe funds.
the t.eag-Je offero !be fonowing commen1s 00 the prefuninary report of !be &nate Special
Committee on Local Government Investment:
i) W. agree ilia! all local agencies should annW!lly adopt written policy guidefines
relaled 10 f.naocial management. W. further agree 1haI1he g-.ndellnes should
stress, in order <>f import3nc<, aJ safety of principal, b) liquidity and eJ yielcl
2) Debe issuance should be dlrectly related 10 the ,,"tity's princip.lactivity. We also
assert.. bowever. that borrowing for in"Jestmeot purposes under some cu-curnstances
is • valid, long· accepted practice and should not be prohibitecl
3) The issue of matching =ts and li.l>ilities is • Iong·held principfe of financial
management and portfolio management which would rest be addressed waugh
the adGprion of investment poIick..~ Vw'hicb emphasize liqt.Jdity over yidd.
4} Local agenty inv,stmect professiooals should and must be held accountable for
tbeir actions. Shifting the responsibility from the investmeDl offk<:r to 1h. broker
deal'e::r 'would remlt in increase,d transaction costs 10 every local agency.
S) We agree that t..;e use of financial derivatives for -speculative purposes" is nOla
4 Apnl 10, 1995
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proper purpose for public investmenL It is, however, very" cfifflcult 10 def"", this
COD<epL It should be notod tlJaI J!!lJ! position tal<en by an investment offic ral
!'CPlesents an -opinlon on mterest ratl!S in the fuh.u'e."
The League, California Society of Municipal Firumce OffICers and Ille C.atif<>rni. Municipal
Trea== Asso<;umou were represented at the hearinS 10 provide specific IlOstimony on tlle
various bills bero.. 1M CO<runin.e. The C<lunty T=",er'. Association and CSAC also offered
s'.milsr iesIimony. Although Ibese local omeials pn:sented t<stimony asking for • more
reascoable approoclI Ie 1M issue,the committee approved all of 1M bills heard during the two-day
bearing. Cities Me urged 10 contact member> of Ille Senate Illd Assembly and let them know of
Ihelr = rdated to X>caI investment poficies. The fonowir.g bills were approved by the
committee, and are now pendiJ:g on the Sr"'ale FIooc 0< in Senale Appropriat'.ons C<lmmittee, as
DOled:
a. LoeaIlavatmonls: Prohibition .r Specified Investment Securities rnu:z (I(opp) • Oppose]
ISS 14JQ{ (I(opp) • Oppose]
To be Heard on Monday, April 17, Senate Appropriations Committee
These ~"'o billS are ic!<:ntical . They delete repurehase agreements and reverse repurcbase
asreemeots from 1M list of authorized investments for local .geocies. In addition, they
prohibit inverse floaters. seven d.Jy floaters and leveraging. I':ovides that no investment
by • local ag<ncy shall mature in 0'''' five years, even with III< .pproval of the Jegislative
body. The bill provides public invesIment officials are "Unsophisticated inves!ors' and
JocaJ agencies have the right to n:scission for any investment ttaraSa4..'"tiOn. It fw1her
provides that investment law violations are I misdemeanor.
b. LoeaI Investments: Prohibition '0 De!eprc Invcstm •• 1 A.thorily; Requires
Cempefifive Bids.
[sDM (I(opp) • Oppose]
[SS !3XX (I(opp) • Oppose]
To be Heard DD Mon&.y, April I?, Senate Appropriations Committee
These .... 0 bills a .. identical. They prohibit • local agency from delegating investment
authority to • treasu."'er for more than cne year at .. time. In addition they require
negotiated <:ompetitive bidding or competitive biddir.g to retain any frnanc:ial s.en-ice.
inclu!ling hood eounsel Funher. they require any decision invohing investments 01'
borrowing or $I 00.000 0< more be considered as • separate item or business OD the
agenda or the local agency legislative body.
5 April 10.1995
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-c. Local Iavt:StUlItDhi: ranstmeDt Ovtrslglat Committee and' Discloure
~ (Hayden) -l.ro..",oOO.1
Pending on the Senate FlOOr
~.' "-~ .. <) ~ ... -","",c.;.
This bill bins ~m"butions SO 1oc.a! c.fficlals nom oo!Jd. In\lestmCDl or financial advisors
during negotiations IIlld for !\Va yea... thereafter, and requin:s disclosure of ""1
COIItn'butioos c!uring pas: t\Vo yeaT$ befo", voting or making any decision about such
seMces. P.<quire3 broker-dealen to a:sclosc: inveslment risks. The bill would allow cities
&nd counties to form investmenl pools 1!-.at "",u1d be required 10 form • local oversighl
comm!ttee Ie micw 0-.. Icthities of the local ogency su'l'lus fun<ls poot A majorily «
1hat committee would be req'.llred 10 have expertise or an academic haclground in public
finance; the membershlp would be soci3ll] and ecooomicalrJ diverse and consist cf
bipmisan political n:gis!rrioil; • member may Dot be employed by .n enl;,y !hat has
contributed 10 • reelcctiolJ eam.paign or the county treasure or !>card of supervisors or
so...""Uf'C' employment v.;,th I financial services firm; and the comrn1::tec meetings shall be
subject 10 !he open moelings act
d. Local Iavestmcats:: l'n:dn:. III1Icstor StaDdard
£m.n (Kopp) -laf~rmolio.]
Pcn<iing on the Sena!e Floor
This btl! defines the "prudent invest ... " standard and places priorny 00 safely, liquidity
IIlld yie1d, in 1hat ocder as mve.tmenl objccti,"s. It wwJd ploc< • fiduciary responsibility
en brokec..dcakrs and adY".5OfS w'he:n dearing wlth publ'lc agencies.
c. Local Iavest:IPeJlU: Reportml Requif"f'mlfDf5
!&ill (Lewis) • SanortJ
To be F.eard on Monday, April 17, Senate Appropria6o!l5 Cormrlttee
This blIJ requires .!. local agency treasurer 10 file an annual investment poficy with the
legislative body. Also requires the treasurer to file a qu.arfe1fy report on an securities.,
investments and moneys of the Jocal ageru.y,. a statement of comprtance with the
investment poIicr. IIlld • ""'omer>t of Ihe local agency's .t-ility 10 meet the pool's
expenditure requirements for tile next six moo!hs..
( Local Iavesfmuf5: Reporting R~uiremeDts
~ (Johnston) -Support}
To be Heard on Monday, April 17, Senll!e Appropriations Comminee
This bill requires I local agency tre.a:su.~r to £i.Ie ar. annual investment policy -vwith the
tegislati'lle body. Also requires the treasurer tc file a quarterly report on an securities...
investments and moneys oC the local agency; a smt.emeraJ of compliance ~;:th the
investtnent poticy. and a st1'!tement of the local agency"s ability iO meet the poofs
6 Apnl ) 0, 1995
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e"pen<!i~ requirements foc the Dcx1 six months. The bill &Iso con~jns sinular
reqclnmonts f<lr the State T ... .asur<:r.
11lc following tills are a package of bills spo"sor«! by the County Treasu.-er·, Assodatlcn:
.. Locall=.vestmeiits: Delegilooa or Po'Wen
!§llM! (Cca"".) -SuPP'>rt)
To be Heard 0. MoaJay, AJlriII1, Senate Approjlriations Committee
This bill provides !hat local age.,.';" and !heir 1reosUrers are lJustees and fiduciaries. It
further allows govem1ng boards 10 deJegat< the authority 10 iDvest 10 the I!'easurer and the
IIeasur<:r would assume fuI] resP'>I!.ibillty f<lr !bose tra!!S5dions until the gov<ming board
revoles its delegotioo.
b. LocaJ ' •• _eats: Couty T ....... .,. Onnlpt Committee
ISS 864 (Ccaven) -Suppnrt)
To be Heard on MoaJay, April 17, SenaIe Appropriations Committee
Thls bill would require the COIDlI:JI lIeasurer 10 prepare an IIlllUlI! in·,'est:nenl polley and
would require the counly IreasIlry oversight committee 10 review the repo.-t It spa.ifies
the memb=hip of the oversight c<immitlee .
. co. Lo<:allav_calo: 1a,·_ .. 1s May Not Eseecd Torm. or Not ..
~ (Ccaven) -Support]
To be Heard 0. Monday, April I?, SenaIe Approprialioas Committee
This bill W<>U!d prohibit local agencies from mvesting the proceeds from tax anticipation
warrants, revenue anticipation DoL. .. and grant anticipation DOleS <>< funds set aside f<lr lb.
repayment of DOles, fer • term that e .. ~ !be.lerm of the notes.
cI. Lo<:alla._eats: Umlb .D Reparcllase aDd Rrvene Repurcll ... Agreements
[SS 867 (Ccaven) -SDppnrt]
To be Heard on Monday, April 17, Senale Appropriati<Jns Committee
This bill would Iimlt the investmenI m repurchase and rev=e rep=hase agruments 10
tetmS that do no! exceed ooe year. It fUrther requi. ... the mMket value or Ibe securities
10 be at least 102 peroen! or greater or the dollars invested and adjusted n" Jess !ban
quanerly_
April 10, 1995
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e. Locallllvestmeats: Zen. Jut.erest AccAal Periods
~ (Craven) -Support]
To be Heard OIl Monday, April!?, Senate Appropriations Commincc
This bill woold" pcohIb!t Ioc3! agendes from in~~ng money in any security t.'13t could
result in zero interest accrual periods..
Interested cities should contact members 0.( the Senate Appropriatil:lns Committee or their state
Senator. (See Corn.'Ili_ member.lhip after Legislative Activities in this Eunetin.)
3~ EinI RespoDder ReimbarselgeDt.
[All 106 (Burton) -Support)
å: Toesday, April 18, Assembly He.lth Committee
Legislation which will provide reimbuTsement for first re~nder medicaJ treatment will be heard
in the Assembly Health Committee 00 Toosday, April U. AS 1436 will. IQr the fus: time,
recognize lbe last uncompensated component of health care. The legislation would requi...., all
new and amended health insurance plans to cover firs!: .responder costs under their policies.
Ambulance tramport is currently covered while c~ty fire: department provided medical caR at the
"""ne is not. All I ~ 36 will greatly benefit cities with reSJl""I '" !'eC<Juping Ih<se uncompensated
costs. Coocemed dty oiflCiais sbould contact member> of the A.=mbly Health Committee I<>
voice their supporL (See ComII'lttce membership after ugis!ative Acti .... ities in this Bullc"""..in.)
4~ Vote Requiremml! for Imp{lsinz: lues,. Assessments and Fees.
!ACA. n (Johnson) -Oppos<j
Hearing: Monday .. April 17 .. .R:-conslderaticD in .Assembly RevC"uue and Taxation
Committee
The California ConstitutiO!1 requ1RS a 1oca1 agency to frupose I: special tax v.ith the approval of
two-thi.nis of the voters vodng on L'mt tax at an election. A specia! tax !las been defined by the
courts 10 mean a tax "co[lected and earmarked for a special'pUI.-pose". Propositioo 62~ a sta.'UtOQ'
irUtiativ~. provided that I genera! tax requi.-ed a majority vote of the voters., hL-t these provisions
have ~~a held uoconstitutio.~ by the courts 2nd dties can Ie,,} ge-nera] taxes by a vote 0( the
city collilcil.
ACA. 13 would require & :r:najority v("Ite of the people to impcse a general tax. In addition ii
limits parcel taxes to Ih= specificaD~ au'.!:·orized by th, Leglsli1lure. ~ is identical to
~ frlurt!) and ~ (Haynes).
~ would provide that direct assessmenl.S can be levled' ~·ithout a vole but contains majority
pmcest provlslons. A direct assessments is dermed as an "assessmen: imposed to fmance capital
costs or maintenance and operationat expenses for sia'eow<itks, streets,. se weTs,. water. Of ... flood
April I c., 1995
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