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HomeMy WebLinkAboutResolution 97-055 03/03/1997 ;1 Resolution No. 97-55 N.C.S. of the Ciry of Petaluma, California APPROVING THE 1997 INVESTMENT POLICY WHEREAS, the City Treasurer has annually rendered to the City Council a Statement of Investment Policy, and; WHEREAS; the City Treasurer has the responsibility to invest the pooled idle cash of all the City funds, and; WHEREAS, the City Treasurer has developed a Statement of Investment Policy and submitted said Policy to the City Council. for review: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma approves the 1997 Investment Policy as shown in Exhibit A, attached. Under the power and,authority conferred upon this Council by the Charter of said City. REFERENCE: Ihcreby certify the foregoing Resolution was introduced and Council of the City of Petaluma at a Regulaz meeting on Approved as to Mazch 3, 1997, by the following vote: rm: ~ty Attorney AYES: Read, Ke11eP, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, Mayor IIilligoss NOES: None ABSENT: None ATTEST: City Clerk Mayor Reso. No. 97-SS NCS City of Petaluma 1997 Statement of Investment Policy t z EXHIBIT A toResolution~approving Investment.Policy 3 4 CITY OF PETALU1vIA 5 1997 STATEMENT OE'INyESTMENT POLICY 6 7 PURPOSE s 9 This Statement is intended to provide guidelinesfor the prudent;investment of the temporary idle to cash under the City Treasurer's control: The primary goalsare'to protectthe security of public 11 funds, provide funds when needed for use and earn a reasonable rate of investment interest. 12 t3 SCOPE 14 is Under the City Charter Section,24, the City Treasurer is appointed by the City Manager with the 16 approval of the City Council. The City Treasurer is also the City Finance Director. 17 to The daily cash management„investment transactions and account reconciliation's are the primary 19 responsibilities of the City Treasurer. 20 21 This Investment Policy shall apply to activities of the City with regard to the investment of 22 temporarily idle funds of all fiind types, including the following: 23 24 General Fund 25 Special Revenue Funds z6 Debt Service Funds 27 Capital Projects Funds 2s Enterprise Funds 29 Internal Service Funds 3o Trust and Agency Funds 31 32 This Policy shall also apply to:funds of the Petaluma Comrttunity Development Commission 33 (PCDC),.Petaluma Public Financing Authority, Petaluma Public Facility Financing Corporation 34 and any other agency or trust funds under the control of-the City Treasurer. 35 36 In order to provide flexibility>and efficiency in cash and investment management, the City uses a 37 general operating accountand`investmentpool system. Wherrthe revenues are received-from 3a taxes; fees and other sources, it is':recorded in the City'sfinance system to the appropriate fund 39 and account. The checks and cash from all funds are then deposited into an operating account. 4o The'single operatingaccount allows'formore efficient.management of daily transactions and at investments from the account. Theinvestment earnings from`all;investments are allocated on a 42 quarterly proportionally back to each fund that provided the cash for the investments. 43 as There are several restricted fund.sources that are not included in the City's investment pool and 45 are invested separately. These`invested,fiindstyill receive`the interest earnings on a periodic basis 46 from the direct investment source orseparate investmenfpool. Examples of these funds are debt a7 reserves and certain special revenue and trust funds, such as, Child Care fund and Prince Trust. Rena. 9'1- 55 ~ cS 1 City of Petaluma .1997 Statement of Investment Policy 1 z OBJECTIVE 3 4 The City's cash management system is designedh.to:inonitor and,forecast expenditures and 5 revenues, thus enablingahe City to invest funds to; the fullest extent possible. The City attempts 6 to obtain the highest interest yield as ong-asinvesfinents meet the criteria established for safety 7 and liquidity. s 9 The City strives to maintain the level of investment of all funds of 98% of available cash, through to daily and projected.cash flow"determinations. it 12 The basic premise underlying the City's investment philosophyis to insure that City funds are 13 always safe and available when needed. L4 15 POLICY 16 17 The City ofPefaluma operates,its temporary pooled idle,cash investments under State 1s Government Code SectlonS3600, et seq., as amended. The;followingsections of the State 19 Govemment code require the,following: 20 z1 Section 53600.3 - Govemigg bodies of loca4agencies orpersons authorized to make 22 investment decisions on.behalf of those local agencies investing public funds pursuant to 23 this chapter are trustees and herefore fiduciaries subjectto the prudent investor standard. za When investing, reinvesting; purchasing, acquiring; exchanging, selling, and managing 25 public funds, a trustee'shall act with care; skill; prudence; and diligence underthe 26 circumstances then prevailing, that a prudent person acting in a like capacityand 27 familiarity with those matters-would use in the.conductbf funds of a like character and 2s with like aims, to safeguard 4he principal and•mainfain the liquidity needs of the agency. z9 Within theaimitations of thisaection and considering~individual investments as part to an 30 overall strategy, a trustee is authorized to acquire investments as authorized bylaw. 31 32 Section 53600.5 -When investing, reinvesting; purchasing, acquiring, exchanging, selling 33 and managing publiafunds;, the primary objective of a trustee shall be to safeguard the 34 principal of the funds;rinder its control. The secondary objective shall"be to meet the 35 liquidity needs of the depositor. The third objective shall be to achieve a return on the 36 funds under its control. 37 38 PERMITTED INVESTMENTS 39 4o The City generally invests in the following investments that are allowed by State Government 4r Code Section 53635: 42 43 -Local Agency Investment Pools (State LAiF or Sonoma County Investment Pool) 4a -'Certificates ofDepositsplaced wrth commercial 45 banks,and/orsavings and.loan companies a6 -Negotiable Certificates of Deposit 47 -Bankers Acceptances 48 -Securities ofthe,U'S. Government or its Agencies 49 -Repurchase Agreements (for overnight investment) 50 -Commercial Paper 51 52 The State Government.Code also allows for additional types of investment securities that are not 53 commonly used by the City. Attached is a description of the above listed securities, Attachment 54 A, and a copy of the State Government Code, Attachment'B. 55 56 This policy also provides'that other investment securities authorized by State Government Code 57 Section 53635; as amended, are also eligible forinvestment.of City Funds. 2 Reso. 9~-'S5 NOs City of Petaluma 1997 Statement of Investment Policy 1 2 Below is a summary of the current;stattitory limits imposed by.`the State Government Code on 3 authorized investments of public fiinds: 4 5 6 Investment Type Maximum Maximlun % Quality 7 Maturity (2) of Portfolio Requirements 8 9 10 Local Agency. Bonds 5 Years None None 11 US Treasury, Obligations 5 Years None None 12 Stale of California Obligations 5 Years None None 13 CA Local Agency Obligations 5 Years None None 14 US Agencies 5 Years None None 15 Bank Acceptances 270 Days 40%:(3) Fed. Reserve Eligible 16 Commercial Paper 180 Days 15% or 30% (a) Al/P 1 Rating 17 Negotiable Certificatesof Deposit 5 Years 30% None 18 Repurchase Agreements 1 Year None None 19 Reverse Repurchase Agreements 92 Days 20% of-Base None (6) 20 Medium-Term Notes 5 Years 30%a A Rating Z1 Mutual Funds N/A 20°/a(s) Multiple (7) 22 Money MarketFunds (q N/A 20% Multiple (s) 23 Collateralized-Bank Deposits 5 Years None None 24 Mortgage Pass=Thru Securities 5 Years 20°/a AA Rating 25 Time Deposits 5 Years None None 26 County Pooled Investment Funds N/A None None 27 28 29 Sources California Govemmrnt Code Sections 53601 & 53635 (a-n) 30 (1) This document refers to Money MarkecMutual Funds as Money Market Funds: They must have an average weighted maturity of 90 days 32 or less and abide by SEC regulations. 33 (2) Section 53601 stales any invesunrnt that al the lime of purchase has aver S years to maturity must be authorized by the legislative body not 34 Tess than 3 months prior to the invesmlrnL 35 (3) No more than 30%of the surplus funds riiay be N Bankers Acceptances of any one commercial bank 36 (4) Limrt is 30%tf dollar weighted average mamrity of alf commercial paper, does not exceed3l days. Commercial paper issuers must be US 37 Corporations with $500 million plus in assets. PnrcFiases may not represent more than 10%of the outstanding paper of an issuing 38 rorporaticn.~ 39 (5) No more than 10% of an agrncy's surplus funds maybe invested in any one mutual fiind. 40 (6) Reverse Repurchase Agreements must be made with, prvnary dealers of the Federal Reserve Bank of New York and the securities used for 4l the agreement must have been held by;the Issuer for atleasl30 days. 42 (7) Mutual funds must receive the highest rankurg by 2 of the 3 largest nationally recognised rating agencies or retain an investment advisor 43 who is registered; or ezemplfrom registration, with the SEC and has a[ least 5 years"experience investing N securities and obligations 44 authorized in Section 53601 and 53635 (a j, m or. n) of 1He Govemmrnt Code with assets in excess of $500 million. 45 (8) Money market funds must receivetAe highest ranking by2 of the 3 largest nationally„ recognised rating agencies or retain an inves{mrnl 46 advisor whois registered, orezempDfrom registration; with the SEGand has at leasl3~years' experience managing money martcetfunds m 47 ezcess of $500 million. 48 49 5o PRIMARY OBJECTIVES FOR SELECTING INVESTMENTS IN ORDER OF PRIORITY 51 52 1. .Safety:. It`is the.primary duty and responsibility 53 of the"Treasurerto protect, preserve and maintain 54 cash-:and investments on behalf of the citiiens of 55 the City. 56 57 2. Litauidit~ An•adequate percentage of the portfolio ' 58 is mainfaned in liquid short-term securities 59 which canoe converted to cash if necessary to meet 6o disbursetnent requirements. Since all cash 61 requirements carinot be anticipated, investrnentssin 3 Reno, R1- 55 Ncs 1 securities with active secondary orresale`markets 2 is preferred.and emphasis onma~ketablesecurities with 3 low sensitivity to market interest rate risk, a 5 3. Yield`. Yield isa consideration.only;after;the-basic 6 requirements of safety and liquidity have been met. 7 S SAFEKEEPING OF INVESTMENTS 9 to All investment securities purchased directly by the City. shall be held in safekeeping by an tt institution designated as safekeeping agent or at the City in registered book or physical form. The 12 primary agent shalLissue a safekeeping"receipt to the City listing the specificinstrument, rate, 13 matunty and other pertinent information. 4 ReSp . q~- 5.5 NCS City of Petaluma 1997 Statement o£Investment Policy i 2 COLLATERALIZATION 3 4 Deposit-type securities (i. e. Certificates.ofDeposit) shall be collateralized aYthe minimum State of 5 California collateral pool requirements for any'amount exceeding FDIC or FSLIC coverage. 6 7 BROKERS 8 9 In selecting securities brokers, the City°TreasurershalL conduct credit and capitalization analysis to to determine that firms are adequately financedto conduct public business. I1 12 LOCAL INVESTMENT POOL POLICIES AND REPORTS 13 la To the extent there are investments.in the State orSonoma County investment pools; the City 15 Treasurer shall review and maintain ciirrent copies of the.adopted investment policies. of the State 16 and Sonoma County. The policies shall be reviewed for concurrence with the.mvestment policy 17 of the City. 18 19 The City Treasurer shall submit the State_ required quarterly reports of the investment transactions zo of the investment pool to the City Council as part of the monthly City Treasurer reports. 21 22 INVESTMENT OF DEBT PROCEEDS. 23 24 The City deposits selected debt;proceeds; reserves and other "debt related funds with the California 25 Arbitrage.Mapagement Program (CAMP,). This is an investmenT.program authorized by City 26 Council Resolution 91-169. It`was created by other cities as a_ Joint Powers.Authority (7PA) for 27 the investment=of local agency funds which may 6e subjecf to Federal arbitrage regularions. The z8 investment portfolio ismanaged 6y a broker on contract with,the JPA. The investment type 29 securities are regulated by'the State Government, Code and further limited by the specific debt 3o issuance resolutions and federal restrictions. 31 32 CITY INVESTMENT MONITORING•AND RESORTING 33 34 The City Treasurer shall routinely monitor the entire investment portfolio and shall file with the 35 City Council a monthly Treasurer's Report which shall include a Statement of Investments and 36 other information as required. 37 38 Attachment C is an example of the monthly report for December; 1996. The City Treasurer 39 believes this report exceeds the recommended minimum requirements of the amended State Code 40 and provides the City Council with additional information regarding bank accounts and a1 reconciliation with the City's General Ledger. a2 5 Reso.9~-55 rlCS City of Petaluma 1997 Statement of Investment Policy 1 2 ATTACfIMENT A 3 q CITY OF ~PETALUMA 5 1997 Statement of Investment Policy 6 7 SUMMARY OF TYPES OF INVESTMENTS g AVAILABI:E TO LOCAL GOVERNMENTS 9 to LOCAL AGENCY INVESTMENT POOLS 11 12 State Investment Pool (LATE) 13 la The Local Agency Investment fund (LAIF)was createdby,the State in 1976 to provide local 15 govermnents with access to a large investment pool that can generate: higherinterest yields and 16 provide a high degree o£liquidity. The deposits and withdrawals aie done by electronic transfers 17 of funds (wire transfers) and begin earning interest on a:daily'basis. 18 19 Over 2,200 local agencies participate inthe LAIF investment pool. These agencies invest 20 approximately $8:9 billion which is added to $18.1 billion in State funds fora $27billion 21 investment portfolio. The investment portfolio is widely distributed over many types of 22 investment instruments and is not;adversely impacted by sudden shifts in the investment market. 23 In addition, the large portfolio and wide distribution provides for greater flexibility investments to za take advantage of changing interest rates. 25 26 There is a limitation of $20 million per Agency subject to a maximum of IO transactions per 27 month. 28 29 The security ofLAIF investments,is in two parts. The State Treasurer's and Controller's offices 3o are responsible for the accounting,;processing,.snd safe keeping of the City's funds through the 31 State Treasurer's investment procedure and-policies The State maintains insurance and bonds 32 covering employee honesty and errors. The Grty funds are able to be withdrawn at any time and 33 are protected by State law from. seizure or impoundment by any State Officer. 34 35 Once the funds are pooled with other local agencies, and invested, the security for the_ funds 36 becomesthe investment. Each investment is,secured by Federal Insurance; the U.S. Government 37 or Federal Agency, collateral ofmajor banks, or major"corporation col?ateral. The security 38 depends on the type of investment. 6 Reso .4'`1-5 5 ~S City of Petaluma 1997 Statement of Investment Policy 1 2 Sonoma County Investment Pool 3 a The Sonoma County Treasurer`maintains an investment'pool which the County, ,Schools; Special 5 Districts and Cities can participate. The investment portfolio is approximately<$762,800000. 6 This investment pool operates in the same manner as'the State pool. The County Treasurer is 7 subject to the same State Government Code,regarding'inyestments asthe City: As with the State 8 investment fund, he City fiinds can be withdrawmat any time and are protected by State Law 9 from seizure or impoundment by"any County Officer. 10 11 12 Certificates of Deposits (CD) 13 la Certificates of Deposits, sometimes known as "Jumbo Accounts" or "Fixed CD's""are savings 15 accounts, with Banks or Sayingstand;Loans. These accounts are for a specific amount, a set I6 interest rate, and set maturity date. There is a substantialinteresf penalty if the CD is withdrawn 17 prior tothe maturity date. 18 19 The State law requires Public Fund CD's to be collateralized by the financial institution at 110% 20 with U.S. Government noteslbonds,or at 1'50% with quality FirstTrusi Deeds. This collateral can 21 be waived if Federal Insurance (FDIC. for banks or FSLIC for savings and loans) is available. 22 These federal agencies will insure each account up to $100;000. 23 2a The City generally waives the collateralization requirements for the FDIC or FSLIC; insurance: 2s The waiver of collateral is a wide spread practice and wilLgenerally,generate higher interest rates 26 and provide the greatestsecurity for the funds from the'Federal Insurance Agencies. For deposits 27 in excess of $100,000, the collateralization requirements are not waived. 2s 29 Neeotiable Certificate of Deposit (NCD1 30 31 This investment is similar to the Fixed CD's above. However, the NCD can be sold through a 3z broker on a "secondary market" priorto the maturity date. Normally, NCD's are issued in 33 $500,000 and $1,OOQ000 amounts. The State'Codelimits NCD's4o not more than 30% of the 34 local agency's portfolio and 5 year maximum term. The.security:is the credit worthiness of the 35 issuer, as these deposits are uninsured and uncollateralized promissory notes. 36 37 Banker's Acceptances (BA) 38 39 A Banker's Acceptance: is a time draft of invested funds which has been drawn on and accepted ao for repayment by a bank. This financial instrument is generally used for short terns (30 and 180 al days): financing of.export; import, or storage of goods. By accepting the draft (investment of City 42 funds), the bank is fable for the payment at maturity. This,barik liability makes the Banker's 43 Acceptance a marketable..investment. The State Code limits BA's to not more than 270 days 4a maturity and 40% ofthe local agency's portfolio. In addition, not more than30% of the local 45 agency's portfolio may be placed in any one bank. a6 a~ U.S. Treasury Bills as a9 Commonlyreferred to as T-Bills,.these are short-term marketable securities sold as obligations of 5o the U.$. Government. Theyare offered in three month, six month, nine month and one-year 51 maturities. T-Billsdo not accrue interest but are sold at a discount to pay face value at maturity. 7 Reso , 9'I-55 Ncs City of Petaluma 1997 Statement of Investment Policy 1 2 U.S. Treasury Notes 3 4 These are,marketable, interest-bearing securities sold as obligations of the U.S. Government with 5 original maturities of one to ten years. Interest is paidsemi-annually. 6 7 U S Treasur~Bonds 8 9 These are the same as'U. S. Treasury Notes except they have original maturities often years or l0 longer. II 12 Federal Agency Issues 13 la Many Federal Government sponsored Agencies are authorized to issue short term and long term 15 obligations that are used to finance various programs such as home loans; business loans, farm 16 loans, etc. These Agencies were created by the Federal Government in the 1930's and have. since 17 become independent quasi-public agencies. The security for their'issues is the guarantee of the 18 Agencyto pay.. The Federal Government has only an implied liability to the extent that the 19 Agency has an open creditline~to borrow from the U.S. Treasury. It is widely acceptedahat zo Federal Agency issues aze as secure as U. S. Government notes. 21 22 There isan active secondary mazket`available to sell these issues prior to maturity. The issues are 23 fairly.liquid depending on the prevailing market interest rates at the time of sale. 2a 25 Some of the more: common agency notes are issued by`the Federal National Mortgage. Association 25 , (Fannie-Mae), FederaTHome Loari Banks, Federal Home'Loan Mortgage Corporation (Freddie 27 Mac), and the Federal:Farm Credit Banks. 28 29 Repurchase Agreements and Reverse Repurchase Agreements fReoosl 30 31 A Repurchase Agreement is'a short term investment agreement<to loan City funds for a fixed. 32 period in return for a fixed interest rate and secured collateral, such as U. S. Treasuries or Agency 33 Notes. This type of investment-is usually done-for overnight or very short term (7 days) 34 investment of funds left in the general operating,account. Reverse'Repurchase agreements is a 35 short term investment which;is used'to take advantage;of market interest rate changes and 36 increase the size of the portfolio. State law hasbeen amended in 1996 to limit the use of both 37 repurchase and reverse repurchase-agreements. The City Council must approve each reverse 38 repurchase agreement. 39 ao Commercial Pager (CPl 41 42 Commercial Paper are unsecured promissory notes ofindustrial corporations, utilities and bank 43 holding companies: The notes are in.bearer form starting at $100,000. State law limits the City 4a to investments in~United States corporations having. assets itr excess of five hundred million a5 dollars with a' "A" or higher rating. Cities may not'invest more than30% of the portfolio and not a6 exceed a term of'1S0 days. 8 ReSo.9l-5'S- Ne5 City of Petaluma 1997 Statement of Investment Policy 1 2 ATTACfIMENT B 3 q GOVERNMENT CODE SECTION 53635 5 AS AMENDED 6 7 s 53635. As farces possible, all money belonging to, or in the 9 custody of, a local agency, including money paid to the treasurer or to other official rto pay!the principal, interest, or penalties of bonds, 11 shall be deposited for safekeeping in state or na4ional banks, savings 12 associations or federal associations, credit unions„ or federally 13 insured industrial loan.companies in this state selected by the la treasurer or other: official having-ahe.legal custody of the money; or, 15 unless otherwise directed by the legislative body pursuant to Section 16 53601, may be invested in the investments set forth below. A local _ 17 agency purchasing,or obtaining any securities:described in this sectipn, ig in a negotiable, bearer,, registered, or nonregistered format, shall t9 require delivery: of all the securities to the local agency,. including 20 those purchased for;the agency,by financial advisors, consultants, or 21 managers using he agency's funds, by book. entry, physical delivery, or 22 by third-party custodial'agreement. The transfer of securities to the z3 counterparty bank's'customer book entry`account may be used for z4 book-entry delivery.; .For purposes of this:secfion, "counterparty" means 25 the other party to the transaction. A counterparty bank's trust 26 department or separate safekeeping department may be used for the 27 ,physical deliveryofthe security if the security is held in the name of 2s the local agency. 29 30 (a) Bonds,issued,by the local agency;.including bonds payable solely 31 out of the revenues from arevenue-producing property owned, controlled, 32 or operated bythe oral agency orby a department, board, agency, or 33 authority of the local agency. 34 35 (b) United States Treasury notes, bonds, bills, or certificates of 36 indebtedness, orthose for which,the faith and credit of the United 37 States are pledged for the payment of principal and,interest. 38 39 (c) Registered state warrants or treasury notes or bonds of this ao state, including bonds payable solely out of the revenues from a 4t revenue-producing property owned, controlled, or operated by the state a2 or by a department, board, agency, or authority of the state. 43 44 (d) Bonds, notes, warrants, or other evidences of indebtedness of 45 any local agency within,this state, including bonds payable solely out 46 of the revenues from arevenue-producing property owned, controlled, or 47 operated by the local agency, or by a department, board, agency, or 48 authority of the local agency. 49 9 Reno, 91- 5 S.nICs City of Petaluma 1997 Statement of Investment Policy 1 z (e) Obligations issued by banks for cooperatives; federal land 3 banks, federal intermediate creditbanks, federal home loanbanks, the 4 Federal Home Loan Bank, the Tennessee Valley Authority, or in 5 obligations, .participations, or other,instruments of, or issued by, or 6 fully guaranteed as to principal and interest by, the Federal National 7 Mortgage Association; or in guaranteed portions of Small Business 8 Administration notes; or in obligations; participations, or other 9 instruments of; or issued by, a federal agency or a United States 10 government-sponsored enterprise. 11 12 (f) Bills of exchange or time drafts drawn on and accepted by a 13 commercial bank; otherwise known' as bankers acceptances,. which are la eligible for purchase by tfie Federal Reserve System. Purchases of 15 ~ bankers acceptances!may'not exceed 270 days.maturity or40 percent of 16 the agency's surplus.funds which niay`be invested,pursuanYto this 17 section. However, no.more than 30 percent of the agency's surplus funds 18, maybe invested in;the bankers acceptances ofany one commercial bank 19 pursuant to this section. 20 21 This subdivision does not'preclude a municipal utility district from 22 investing any surplus money'in its'treasury in any manner authorized'by 23 the Municipal Utility District Act, Division 6 (commencing with Section 2a 11501) of the Public Utilities Code. 25 26 (g) Commercial paper of "prime" quality of the highest ranking or of 27 the highesY.letter and:numerical rating as provided for by Moody's 28 Investors Servrce, Inc., or Standard and Poor's;Corporation. Eligible 29 paper is further 9imited to issuing corporations that are organized and 30 operating-within the United States and having total assets in excess of 31 five hundred million dollars ($500;000,000) and having an "A" or higher 3z rating for the. issuer's debt, other than commercial paper, if any, as 33 provided for by 1Vloody's,Investors Service, Inc., or Standard and Poor's 3a Corporation. Purchases of eligible commercial paper may not exceed-180 35 days maturity nor represent more:than 10 percent of the outstanding 36 paper of an issuing corporation. Purchases of commercial paper may not 37 exceed 15 percent.ofthe agency's surplus money which may be invested 38 pursuant to this section. An additional 15 percent, or a total of 30 39 percent of the agency's money or money in its custody, maybe invested 4o pursuant to this subdivision. The additional 15 percent may be so at invested only if the dollar-weighted average maturity ofthe entire 42 amount does not.exceed 31 days. "Dollar-weighted average maturity" a3 means the sum of the amount of each outstanding commercial paper as investment multiplied by the number of days to maturity, divided by the 45 total amount of outstanding commercial paper. 10 ~eso.9~-55 n1cS City of Petaluma 1997 Statement of Investment Policy 1 2 (h) Negotiable certificates of.depositssued by a nationally or 3 state-chartered bank o; a savings association or-federal association or a a state or federal;credt union_,or by astate-licensed branch of a 5 foreign bank. Purchases of negotiable certificates of deposit may not 6 exceed 30 percent of the agency's. surplus money which maybe invested 7 pursuant to this section: Forpurposes of this section, negotiable 8 certificates of deposit do not come within Article 2 (commencing with 9 Section 53630) ofChapter4 ofPart I ofDivision 2 ofTitle 5, except to .that the amount so ingested shall be subject to the limitations of 11 Section 53638. For purposes of this,section, the legislative body of a 12 local agencyand the treasurer or other official of the local agency 13 fiaving,legal custody of the: money are prohibited from depositing or 14 investing local,agency funds; or fundsig the custody of the local l5 agency, in negotiable certificates of depositissued by a state or 16 federal credit union if a member of the`legislative body of the local 17 agency, or an employee-ofthe administrative officer, manager's office, is budget office, auditor-controller's. office; or treasurer's office of the 19 local agency also serves on the board ofdirectors, or any committee 20 appointed by theboard of directors,-or the credif committee or 21 supervisory committee of the-state or federal credit union issuing the z2 negotiable certificates of deposit. 23 24 (i) (1) Investments in-repurchase agreements or reverse repurchase 25 agreements of any securities authorized by this section, so long as the 26 agreements are subject to this subdivision; including the delivery 27 requirements specified in this section.. 28 29 (Z) Investments in repurchase agreements may be made, on any 3o investment authorized in this section, when the term of the agreement 31 does not,exceed one year. The market value of securities that underlay 32 a repurchase agreement shall be valued at 102 percent or greater of the 33 funds borrowed againstthose securities and the value shall be adjusted, 3a no less than quarterly. 35 36 (3) Reverse repurchase.agreements maybe utilized only when either 37 of the following conditions are°met: 38 39 (A) The securitywas owned or specifically committed to purchase, by ao the local agency; prior to repurchase agreement on December 31, 1994, al and was sold using a reverse repurchase agreement on December 31, 1994. 42 I1 Re.~, °1~-55 rJCg City of Petaluma 1997 Statement of Investment Policy 1 2' (B) The security to be sold on reverse repurchase agreement has been 3 owned and fully paid for by the local agency fora minimum of 30 days 4 prior to sale, the total of all reverse reptrchase agreements on 5 investments owned by the local agency-not purchased or committed to 6 purchase, prior to Decgmber'31; 1994,. does not exceed 20 percent of the 7 base value of the portfolio;:and-tfie agreement does not exceed a term of g 92 days, unless the agreement,includes a written,codicil guaranteeing a 9 minimum earning or spread:for the entire period between the sale of a to security using a reverse repurchase:agreement and the final maturity I1 date of the same security: 12 13 (4) After December3l, 1994, a:reverse repurchase agreemenYmay not la be entered into with securities not`sold on a reverse repurchase 15 agreement and.,purchased, or committed to'purchase, prior to that date, 16 asa means of financirig orpaying,for the security sold on a reverse 17 repurchase agreement;;:but may only be'entered into with securities owned 18 and previously paidRfor;,for a minimum of 30 days prior to the 19 settlement of the reverse repurchase: agreement, in order to supplement 20 the yield on_securities ownetl arid~ previously paid,for or to provide 21 funds for the itrimediafe payment of a local agency obligation. Funds 22 obtainedrorfiirids"within'the pool of an equivalent amount to that 23 obtained--from sellingia "security to a counterparty by way of a reverse 24 repurchase agreement; on securities originally'purchased subsequentto 25 December 31,.1994, shall not be used.to purchase another security with a 26 maturity longer than,92 days from,the'initial settlement date of the 27 reverse repurchase agreement, unless the'reverse repurchase agreement 28 includes a written codicil guaranteeing`a minimum earning or spread for 29 the entire period'between the sale-of a.security using a reverse 3o repurchase agreement and the final•maturity date of the same security. 31 Reverse repurchase agreements specified in subparagraph (B) of paragraph 32 (3) may not be entered into uriless he percentage restrictions specified 33 in that subparagraph are met, including the total of any reverse 3a repurchase agreements specified in subparagraph (A) of paragraph (3). 35 36 (5) Investments in reverse repurchase::agreements or similar 37 investments in which the local,agencysells securities prior to 38 purchase, may only be made uponprior approval of the governing;body of 39 the local agency. 40 al (6) (A) "Repurchase agreement" means a purchase of securities by the 42 local agency pursuant to an agreement by which the•counterparty seller 43 will repurchase the!securities on orbefore a specified date and for a 44specified amount and the counterparty will deliverthe underlying as securities to the local agency by book entry; physical delivery, or by 12 Re so. 91- 55 rI C.S City of Petaluma 1997 Statement of Investment Policy 1 2 3 third,party custodial agreement. The transfer of underlying securities 4 to the counterparty bank's cusfomerbook-entry account maybe used for 5 book-entry delivery. 6 7 (B) "Securities,""forpurpose ofiepurchase under this subdivision, s means securities of the same issuer, description, issue date, and 9 maturity. 10 11 (C) "Reverse repurchase agreement" means a sale of securities by the l2 local agencypursuant to.an agreement by which the local agency will 13 repurchase the securities on or before a specified date; and includes la other comparable agreements. IS 16 (p) Forpurposes.of this section, the.base value of the local 17 agency's' pool portfolio shall be that dollar amount obtained by totaling 18 all cash balances placed in the pool,by all pool participants, excluding 19 any amounts obtained-through selling. securities by way of reverse 20 repurchase agreements or other similar borrowing-methods. 21 22 (E) For purposes of this section, the spread is the difference 23 between the cost:of funds obtained.using.the`reverse repurchase 24 agreement.andahe eainings obtained'on the reinvestment of the funds. 25 26 (F) Repurchase agreements and;reverse'+repurchase agreements shall 27 only be made-with primary dealers of the Federal'Reserve Bank of New 28 York. 29 30 (j) Medium-term notes of a maximum of five years' maturity issued by 31 corporations; organized and operating within the United States or by 3z depository insiiiutions licensed bythe United States or any state and 33 operating within the United States. Notes eligible for investment under 3a this. subdivisionshall be rated in a rating category of "A" or its 35 equivalent or betterby a nationally recognized rating service. 36 Purchases of medium-term notes maynot exceed' 30 percent. of the agency's 37 surplus money which maybe invested pursuant,to this section. 38 39 (k) Shares of beneficial interestiissued by-diversified management 40 companies investing in the securities and obligations as authorized by a 1 subdivisions (a) to9(k), inclusive;, of this section and which comply az with theinvestment;resfrictions of this article and Article 1 a3 (commencing with Section 53600). To be eligible for investment pursuant as to this subdivision, these companies shall_either: (1) attain the 45 highest ranking or"the: highest letter and numerical rating provided by ab not lessthan two of the three largest.nationally recognized rating a~ services, or (2) have an investment adviser registered with the 13 Reso.gl-55 r1C5 City of Petaluma 1997 Statement of Investment Policy 1 2 Securities.and Exchange Commission with not less than five years' 3 experience investing in the securities and obligations as authorized by 4 subdivisions (a) to (m), inclusive, of this section and with assets 5 under management in excess of five:hundred'million dollazs 6 ($500,000,000). The purchase price of sharesof beneficial interest 7 purchased pursuant to this subdivision shalhnot include any commission 8 that these companies,may charge and shall not exceed 15 percent of the 9 .agency's surplus money which maybe invested pursuant to this section. 10 11 (1) Notes, bonds; or: other obligations which are at all times 12 secured by a valid first priority security interest in securities of the 13 types listed by Section 53653 as eligible securities for the purpose of 14 securing local agency'deposits having a market value at least equal to IS that required by Sectiiin.:53652 for"the.purpose of securing local agency [6 deposits. The securities: serving as`collateral shall. be placed by 17 delivery or book entry;into the•custody of a trust company or the trust is department of a bank which is;not `afltiated with the issuer of the 19 secured obligation, and;the=,security:'interest shall be perfected in 20 accordance with the requirements of the Uniform Commercial Code or zl federal regulations'applicable.to the types of securities in which the 22 security interest is granted. 23 24 (m) Any mortgage pass'-through security, collateralized.mortgage 25 obligation, mortgage-backed~orother pay;through bond, equipment 25 lease-backed certificate, consumer receivable pass-through certificate, 27 or consumer receivable-backed bond of,a maximum of five years maturity: 28 Securities eligible forinvestmentunderthis subdivision shalTbe 29 issued by an issuer having an "A" orhigherrating for the issuer's debt 3o as provided by a nationally'recognized rating,service and rated in a 31 rating category of "AA" or its equivalent or better by anationapy 32 recognized rating service. Purchase of securities authorized by this 33 subdivision may not exceed 20 percent of the agency's surplus money that 3a may 68 invested pursuant to this section. 14 Reso,G~- 55 NGs