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SR-204-001 (11) FINANCE:TREASURY:DRC:F:\FINANCE\TREASURY\SHARE\INVPOL03 Council Meeting: February 25, 2003 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Revision to City Investment Policy, Continuation of Delegation of Investment Authority to City Treasurer/Revenue Manager, and Recommendation to adopt Resolution Authorizing the Establishment and Use of Bank and Brokerage Accounts and Update of the List of Persons Authorized to Conduct Transactions with the State Local Agency Investment Fund INTRODUCTION This report recommends City Council approve a revised City Investment Policy, extend the delegation of investment authority to the City Treasurer/Revenue Manager from March 1, 2003 to February 28, 2004, and adopt the attached Resolution authorizing the establishment and use of bank and brokerage accounts and updating the list of persons authorized to conduct transactions with the State Local Agency Investment Fund. BACKGROUND State law requires that the City adopt an investment policy and that the City Council approve changes in the policy annually at a public meeting. Section 711 of the Santa Monica City Charter delegates to the City Treasurer/Revenue Manager authority for investing City funds. Section 53607 of the State of California Government Code limits the authorization of the legislative body to delegate investment authority to a one-year 1 period, renewable annually. The Council last approved the Investment Policy and continued delegation to the City Treasurer/Revenue Manager on February 12, 2002. The City‘s investment policy was previously awarded the Municipal Treasurers Association of the United States and Canada Certification of Excellence Award and the City continues to adhere to these standards. Resolution No. 7707 (CCS), approved October 25, 1988, delegates the authority to establish bank and brokerage accounts. The recent retirement of the City Treasurer/Revenue Manager has made it necessary to update the list of authorized individuals. DISCUSSION In conjunction with the annual renewal of investment authority, City staff proposes minor revisions to the policy attachments. Portions of the attachments in italics indicate proposed additions; strikeouts indicate proposed deletions. The changes to Attachment A (City of Santa Monica Funds for Cash Pooling) are all administrative in nature relating to the update of City fund names. The changes on Attachment B (City of Santa Monica Financial Assets Excluded from the Coverage of the City’s 2 Investment Policy) are primarily the addition of trustee accounts for bonds issued since the last policy update and the deletion of bank accounts that are no longer used. The City has increased efficiency of its banking relationships by consolidating most bank account into one general account. Resolution No. 7707 (CCS) designates Charles M. Dennis, Director of Finance/City Controller and Ralph E. Bursey, City Treasurer as individuals authorized to establish bank deposit and investment accounts with financial institutions and investment brokers/dealers. Due to the recent retirement of Mr. Bursey, it is necessary to remove his authority to establish such accounts and grant the authority to the current Acting City Treasurer, David R. Carr. Additionally, the State Local Agency Investment Fund (LAIF) has recently notified the City that a new policy requires a Council-approved resolution to establish authority to conduct transactions with LAIF. The attached resolution memorializes the authority of City employees currently authorized to make transactions with LAIF as well as removes Mr. Bursey from the authorized list. Employees currently authorized are Mr. Carr and Ms. Neela Patel, Supervising Fiscal Staff Assistant. Ms. Patel is authorized to make transactions only under specific instructions from Mr. Carr. 3 BUDGET/FINANCIAL IMPACT There are no budget or financial impacts resulting from this staff report. RECOMMENDATION Staff recommends that Council approve the attached Investment Policy, continue to delegate to the City Treasurer/Revenue Manager investment authority for the period March 1, 2003 through February 28, 2004, and adopt the attached resolution. Prepared by: Mike Dennis, Director of Finance David R. Carr, Acting City Treasurer/Revenue Manager Attachment: Attachment 1 - Revised City Investment Policy Resolution Revised 2/023 ATTACHMENT 1 INVESTMENT POLICY FOR THE CITY OF SANTA MONICA PURPOSE A. The purpose of establishing a formal investment policy is to set broad guidelines within which the City Treasurer is to lawfully invest City funds. These guidelines do not supersede applicable State laws and City codes. SCOPE B. This investment policy applies to all cash and financial investments of the various 4 funds of the City of Santa Monica as identified in the City's Comprehensive Annual Financial Report, with the exception of those financial assets explicitly excluded from coverage by these policies for legal or operational reasons. All City Funds are listed in Attachment A and all cash and financial investments which are excluded from coverage by this investment policy are identified in Attachment B. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. Interest is allocated on a quarterly basis. ADMINISTRATION C. 1. An Investment Committee shall be established consisting of the Director of Finance, City Treasurer/Revenue Manager, and a representative from the City Manager's Office. 2. The Investment Committee will meet at least once each calendar quarter to review and evaluate previous investment activity and yield, to review the current status of all funds held by the City, to discuss anticipated cash requirements and investment activity for the next quarter, and to recommend investment strategy to the City Treasurer. 3. All investment policies and all changes to those policies must be approved by a majority of the Investment Committee. 4. Any two members of the Committee may call a special meeting, and three members shall constitute a quorum. 5. Minutes will be published of all Investment Committee meetings. 6. The Investment Committee will meet at least annually with the City's outside auditors to review accounting controls and to design adequate audit procedures to identify any non-compliance with the City investment policy. 7. The City investment policy will be reviewed annually by the Investment Committee and submitted annually to the City Council. INVESTMENT OBJECTIVES D. The primary objective of all City investments shall be safety. The secondary objective shall be liquidity. The third objective shall be to achieve a return. 5 1. "Safety" means that the overall value of City funds shall not be diminished in the process of securing and investing those funds or over the duration of the investments. 2. Liquidity means that funds shall be made available to meet all anticipated City obligations and a prudent reserve shall be kept available to meet unanticipated cash requirements. Availability has two aspects, liquidity and the scheduling of cash flows. Liquidity is the ability to change an investment into its cash equivalent on short notice at its prevailing market value. Scheduling of cash flows means that investments are to mature or are to be converted into cash in tandem with the City's anticipated cash requirements. 3. Achieve a return means to earn the optimum interest income from City funds commensurate with the objectives of safety and availability of the principle invested. At no time shall funds be invested in any security that could result in zero interest accrual if held to maturity. INVESTMENT AUTHORITY DELEGATION E. In accordance with the Santa Monica City Charter, Section 711, the City Council delegates to the City Treasurer responsibility for conducting the City's investment transactions. The Treasurer may delegate this authority to the Assistant Treasurer or, in extraordinary circumstances, to the Director of Finance. Section 53607 of the State of California Government Code limits the authorization of the legislative body to delegate investment authority to a one-year period, renewable annually. PRUDENCE F. 1. Investments shall be made with judgment, care, skill, prudence, and diligence under circumstances then prevailing, which persons of prudence acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City. This standard of prudence shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided that deviations from expectations are reported in writing to the Director of Finance in a timely fashion, and appropriate action is taken to control adverse developments. 6 38. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials 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. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City. 39. Investment officers shall avoid any transactions that might impair public confidence in the Santa Monica City government. 4. Where it is otherwise consistent with the judiciary and statutory obligations of the City Treasurer/Revenue Manager/Treasurer, preference in selecting investments shall be given to those financial institutions, which have demonstrated involvement in the development or rehabilitation of low-income affordable housing. 5. Investments in repurchase agreements shall be made only with financial institutions with which the City has an executed master repurchase agreement. The financial institution must be a primary dealer of the Federal Reserve Bank of New York. RECORDS AND REPORTS G. 1. Records of all investment transactions will be kept, and monthly reports will be made to the Investment Committee and the City Manager detailing and summarizing all transactions and stating the present status of City investments. 2. The City Treasurer/Revenue Manager/Treasurer will report all investments, with certain exceptions, at fair market value rather than original purchase price, in the Monthly Cash & Investment Report as required by the Government Accounting Standards Board (GASB) Statement No. 31. 3. The City Treasurer/Revenue Manager/Treasurer will provide copies of the Monthly Cash & Investment Report to the California Debt and Investment Advisory Commission on a semi-annual basis the June and December reports, as well as the City’s Investment Policy. 7 4. As of the end of the fiscal year, the City Treasurer/Revenue Manager/Treasurer will make a report to the Director of Finance detailing the present status of City investments, as required by the Government Accounting Standards Board (GASB) statement No. 3. 5. The City Treasurer/Revenue Manager is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management. DIVERSIFICATION H. 1. All City funds, which are not required for immediate cash expenditures or to maintain, required compensating cash balances shall be invested in interest bearing investments or accounts. 2. To reduce overall portfolio risk while attempting to attain market rates of return consistent with the primary objectives of safety and availability of funds, investments shall be diversified across types of investments, maturities of those investments, and institutions in which those investments are made. Generally, the portfolio is to be invested in U.S. Treasury and Federal Agency securities with a modest addition of BAs and CDs. a. Investment Instruments Investments shall be made only in those instruments specifically authorized by California State laws, and to no greater an extent than authorized by those laws. Said laws are summarized in Attachment C. Additional City guidelines are as follows: Instruments Additional City Guidelines * U.S. Federal Agencies 33 1/3% of portfolio, maximum for each agency. Banker's Acceptances (BA) 10% max. per issuer, 40% max. overall. Certificate of Deposit (CD) 10% max. per issuer, 30% max. 8 Commercial Paper (CP) all (CP), 15% max. overall (CP). NOTES: * Fedl. National Mortgage Assn. (FNMA); Fedl. Home Loan Mortgage Corp. (FHLMC); Fedl. Home Loan Bank (FHLB); Student Loan Marketing Assn. (SLMA); Tennessee Valley Authority (TVA); and any other U.S. Federal agency or instrumentality. b. Maturities Maturities of individual investments shall be diversified to meet the following objectives. i. No investment will be purchased which matures more than three years from the date of purchase unless specifically recommended by a unanimous vote of the Investment Committee. No investment will be purchased which matures more than five years from the date of purchase without the additional approval of the City Manager and the prior approval of the City Council. ii. The average weighted maturity of all pooled City investments shall not exceed 18 months (547 days). ii.iii. To minimize the risk of having to make unusually large investments at times when interest rates are temporarily very low, investments will be scheduled to mature so that during any given month there will be a comparable magnitude of funds to be reinvested. These investable funds will be estimated based on scheduled maturities plus anticipated revenues minus anticipated expenses. ii.iv. To the maximum extent practical, monthly operational cash requirements will be met by using anticipated revenues and maturing investments. However, as an aspect of active portfolio management, it may be financially beneficial to the City to sell investments from time to time. v. To reduce the market and interest rate risks which would result from the excess concentration of assets in a specific maturity, a specific issue or a specific class of securities, no more than 5.0% of 9 the City's investable funds may be invested in any single issue maturing in a given month. The only exceptions are U.S. Treasury securities, to which an alternate limit of 10% will apply. c. Institutions To minimize the risk to the City's overall investment portfolio from the default by a single institution in which City funds are on deposit or invested, the following policies shall be observed: i. City funds shall only be deposited in a financial institution whose performance has been reliable and whose safety rating, as determined by the Investment Committee or a reputable independent rating service selected by the Investment Committee, is in the upper 60% of its peer group. These same standards apply to institutions in which securities owned by the City are held in safekeeping. Exceptions to these standards may be made on an individual basis if they are unanimously recommended by the Investment Committee. ii. The City shall not deposit, in the form of certificates of deposit, time or demand deposits, or similar instruments, in a single institution more than 10% of the City's investable funds. iii. No single institution shall have, in cumulative total, as deposits and investments (other than safekept investments) more than 50% of the City's investable funds. d. Repurchase Agreements Investments in repurchase agreements are allowable and shall be made only with financial institutions with which the City has an executed master repurchase agreement. The financial institution must be a primary dealer of the Federal Reserve Bank of New York. The market value (bid price plus accrued interest) of the collateral shall be valued at 102% or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Eligible collateral shall include the following: 10 1. U.S. Treasury Obligations 2. U.S. Agency Securities The counter party will deliver the underlying securities to the City by book entry or by third party custodial agreement. The transfer of underlying securities to the counter party bank's customer book-entry account may be used. e. Certificates of Deposit (CD) Collateralized Certificates of Deposit must be collateralized by 110% of the CD value by other eligible securities. Eligible collateral shall include the following: 1. U.S. Treasury Obligations 2. U.S. Agency Securities RELATIONSHIPS WITH FINANCIAL INSTITUTIONS I. 1. The City may only purchase statutorily authorized investments, not purchased directly from the issuer, from either an institution licensed by the state as a broker/dealer, from a national or state chartered bank, from a federal or state savings institution, from a brokerage firm designated as a primary government dealer by the Federal Reserve Bank, or from a member of a federally regulated securities exchange. 2. All financial institutions with which the City conducts investment activities must agree in writing to undertake reasonable efforts to prevent illegal and/or imprudent transactions involving City funds. Should it come to the attention of the City Treasurer/Revenue Manager/Treasurer that City funds have been involved in illegal and/or imprudent transactions, this will be reported to the City Council along with options for dealing with the situation. 3. Primary government securities dealers, which report to the New York Federal Reserve, are preferred for conducting transactions of all eligible securities other than non-negotiable certificates of deposit. Other security dealers who wish to engage in transactions with the City must meet the City's requirements for reliability and safety, and any purchases made by the City 11 from such secondary sources shall require third party safekeeping or delivery of the securities to the City. 4. To ensure yields consistent with this policy and to provide for the objective investment of City funds, the City's investment procedures shall be designed to include transactions with several firms that compete directly for public business, and to encourage competitive bidding on transactions. Such bids shall be on file with the City Treasurer's Office and copies shall be provided to the Director of Finance monthly. SOCIALLY RESPONSIBLE INVESTING J. RESTRICTIONS - The direct investment of City funds are restricted as follows: 1. Investments are to be made in entities, which support clean and healthy environment, including following safe and environmentally sound practices. 2. No investments are to be made in tobacco or tobacco-related products. 3. No investments are to be made to support the production of weapons, military systems, or nuclear power. 4. Investments are to be made in entities, which supports equality of rights regardless of sex, race, age, disability or sexual orientation. 5. Investments are to be made in entities, which promote community economic development. Prior to making investments, City Treasurer/Revenue Manager shall verify compliance with the guidelines either through direct contact with company or with Investors Responsibility Research Center. COMMUNITY REINVESTMENT ACT (CRA) K. The City will invest funds only in those financial institutions, which have a CRA rating (as determined by the appropriate regulatory body) of "Outstanding" or "Satisfactory". CUSTODY AND SAFEKEEPING OF SECURITIES AND CITY FUNDS L. 12 1. Wherever practical, all City investments shall have the City of Santa Monica as the registered owner, and all interest and principal payments and withdrawals shall indicate the City of Santa Monica as the payee. All securities shall be safekept with the City itself or with a qualified financial institution, contracted by the City as a third party. All securities shall be acquired by the safekeeping institution on a "delivery-vs-payment" (DVP) basis. In other words, the security must be delivered before funds are released. The DVP basis for delivery applies also to the delivery and safekeeping of repurchase agreement collateral. 2. Original copies of non-negotiable certificates of deposit and confirming copies of all other investment transactions must be delivered to the City. PERFORMANCE STANDARDS M. The investment portfolio will be designed to obtain at least a market level rate of return, given budgetary and economic cycles (3 or more years) cycles and given the City's investment risk and cash flow needs. The City's portfolio management approach is active, necessitating periodic restructuring of the portfolio to take advantage of current and anticipated interest rate movements. In addition, the portfolio is primarily invested in U.S. Treasury and Federal Agency securities. Given this strategy, the performance benchmarks shall be the rolling average of 6- month and 12-month U.S. Treasury bills, traded on the secondary market as reported in the Federal Reserve System's monthly report of interest rates. IMPLEMENTATION N. The City Treasurer/Revenue Manager is responsible for conducting and reporting on all City investments. To facilitate this function, the Treasurer will prepare and maintain an Investment Procedures Manual to detail operating procedures to be practiced by the Treasury in investing City funds. All such procedures shall be in accordance with applicable State laws, City codes and the investment policies set by the Investment Committee. All procedures will be subject to review and approval by the Investment Committee. The manual will explicitly include a current listing of all City of Santa Monica financial institution deposit and investment accounts, a current list of all financial institutions with which the City currently is authorized to conduct investment transactions, a current copy of State laws pertinent to City investments, a description of specific controls to ensure the proper execution of the City Investment Policy, and copies, with instructions, of all 13 investment reports required by law or by City investment policy. INDEMNIFICATION OF INVESTMENT OFFICIALS O. Any investment officer exercising his or her authority with due diligence and prudence, and in accordance with the City of Santa Monica Investment Policy, will not be held personally liable for any individual investment losses or for total portfolio losses. ATTACHMENT 1-A: City of Santa Monica Funds for Cash Pooling The following listed City of Santa Monica funds shall have their cash balances pooled for investment purposes except for any fund or portion of one or more funds which is specifically identified for exclusion in Attachment B of the City Investment Policy: FUND NUMB FUND NAME ER 01 GENERAL FUND 04 SPECIAL PROJECTS REVENUE SOURCE FUND 11 BEACH RECREATION FUND 12 HOUSING AUTHORITY FUND 13 DISASTER RELIEF FUND 14 TENANT OWNERSHIP RIGHTS CHARTER AMENDMENT TORCA FUND 15 LOW/MODERATE INCOME HOUSING FUND 16 REDEVELOPMENT-DOWNTOWN PROJECT FUND 17 REDEVELOPMENT-EARTHQUAKE RECOVERY PROJECT FUND 18 REDEVELOPMENT-OCEAN PARK PROJECT FUND 19 COMMUNITY DEVELOPMENT BLOCK GRANT (CBDG) FUND 20 MISCELLANEOUS GRANTS FUND 21 ASSET SEIZURE FUND 22 CITIZENS OPTION FOR PUBLIC SAFETY FUND 23 DISASTER FUND 25 WATER FUND 27 SOLID WASTE MANAGEMENT FUND 29 RENT CONTROL FUND 14 30 PIER FUND 31 WASTEWATER FUND 32 CIVIC AUDITORIUM FUND 33 AIRPORT FUND 34 STORMWATER MANAGEMENT FUND 37 CEMETERY FUND 41 BIG BLUE BUS FUND 42 TRAFFIC SAFETY FUND 43 GAS TAX FUND 44 SCAQMD AIR QUALITY MANAGEMENT DISTRICT (AQMD) AB 2766(AQMD) FUND 51 CABLE COMMUNICATIONS FUND 52 SPECIAL AVIATION FUND 53 PARKS AND RECREATIONAL FUND 54 VEHICLE MANAGEMENT FUND 55 COMPUTER EQUIPMENT REPLACEMENT FUND 56 SELF INSURANCE-COMPREHENSIVE FUND 57 SELF INSURANCE-BUS FUND 58 SELF INSURANCE-AUTO FUND 59 SELF INSURANCE WORKERS= COMPENSATION FUND 77 PARKING AUTHORITY FUND 80 GENERAL TRUST FUND 82 CEMETERY PERPETUAL CARE FUND 85 DEBT SERVICE FUND 89 MAUSOLEUM PERPETUAL CARE FUND ATTACHMENT 1-B: City of Santa Monica Financial Assets Excluded from the Coverage of the City Investment Policy The following listed City of Santa Monica financial assets are specifically excluded from coverage of the City Investment Policy. This exclusion does not exempt the administrators of these exempted assets from exercising due diligence and prudence in the management of the assets. Airport Certificates of Participation - Under the terms of the trust agreement between the 15 City of Santa Monica and the fiscal agent (U.S. Trust Company of California Bank of New York) for the City of Santa Monica Certificates of Participation (COP's) (1995 Airport Facilities Refunding Series A and Series B), certain specific funds must be held by the fiscal agent, to (i) refund the City of Santa Monica Certificate of Participation (Airport Facilities) (the "Prior Certificates"), (ii) fund a reserve fund for the Certificates, and (iii) pay the costs incurred in connection with the execution and delivery of the Certificates. Auditorium Box Office Trust - Established by City Council Resolution 4243 to hold in trust Santa Monica Civic Auditorium box office operation receipts for each individual permittee. Funds held in this trust are managed by the Auditorium through a checking account at Wells Fargo Bank and are accounted for in Fund 32, the Auditorium Fund. These funds are not invested. Cemetery Perpetual Care Fund Investments - The City Council authorized the investment consulting firm of RNC Capital Management to manage these investments in accordance with parameters approved by the Council. They are accounted for in Fund 82, the Cemetery Perpetual Care Fund. City Employees Deferred Compensation - Established by City Council Resolution 6759 and authorized under contract No. 5697, these funds are managed under contract by the Public Employees Benefit Services Corporation (PEBSCO), and are accounted for in Fund 81, the Deferred Compensation Fund. Downtown Redevelopment Lease Revenue Bonds - Under the terms of the trust agreement between the Redevelopment Agency of the City of Santa Monica for Lease Revenue Bonds, 1992 Refunding Project of 2002, and First Trust of California BNY Western Trust Company (fiscal agent) certain specific funds must be held by the fiscal agent, for payment of principal and interest and for reserve requirements to (i) refinance the Agency’s Lease Revenue Bonds, Series 1992 (Downtown Redevelopment Refunding Project of 1992), (ii) provide funds to repay a portion of a certain loan made by the City to the Agency, which indebtedness is evidenced by a promissory note of the Agency in favor of the City, (iii) cause the amount of money on deposit for the reserve fund for the Bonds to be at least equal to the serve requirement established under the indenture, and (iv) pay the costs of issuance incurred with the issuance of the Refunding Bonds. The amount of funds held by the fiscal agent varies from year to year as the bonds mature. The funds are accounted for in the 85 Fund, the Debt Service Fund. Earthquake Recovery Redevelopment Project Area Tax Allocation Bonds - Under the terms of the trust agreement between the Redevelopment Agency of the City of Santa 16 Monica for Tax Allocation Bonds, Series 1999, and BNY Western Trust Company, as trustee, certain specific funds must be held by the fiscal agent, for the acquisition of certain real property, for other redevelopment purposes, for principal and interest payments and for reserve requirements. The funds are accounted for in Fund 85, the Debt Service Fund. Library Book Purchase Account - Established by City Council Resolution 5088 to facilitate book purchases, these funds are managed by the Library through a checking account with Wells Fargo Bank. There is a $100.00 limit per transaction. Funds are accounted for in Fund 01, the General Fund. These funds are not invested. Main Library Improvements Project G.O. Bonds (1990) - Under the terms of the trust agreement between the City of Santa Monica and the fiscal agent (First Trust of California U.S. Bank Corporate Trust Services) for the City of Santa Monica General Obligation Bonds (Main Library Improvements Project), Series 1990, certain specific funds must be held by First Trust of California for the acquisition of certain real property, for construction and improvement needs, for principal and interest payments, and for reserve requirements. The funds are accounted for in Fund 01, the General Fund and Fund 85, the Debt Service Fund. Main Library Improvements Project G.O. Refunding Bonds (1998) - Under the terms of the trust agreement between the City of Santa Monica and the fiscal agent (First Trust of California U.S. Bank Corporate Trust Services) for the City of Santa Monica General Obligation Bonds (Main Library Improvements Project), Series 1998, certain specific funds must be held by the fiscal agent for payment of principal and interest and for reserve requirements. The funds are accounted for in Fund 01, the General Fund and Fund 85, the Debt Service Fund. Library Improvements Project G.O. Bonds (2002) Under the terms of the trust agreement between the City of Santa Monica and the fiscal agent (BNY Western Trust Company) for the City of Santa Monica General Obligation Bonds (Library Improvements Project), Series 2002, certain specific funds must be held by the fiscal agent to finance acquisition and construction of improvements for the Santa Monica Public Library. The funds are accounted for in Fund 01, the General Fund and Fund 85, the Debt Service Fund. Mausoleum Perpetual Care Fund Investments - On July 8, 1986, the City Council amended the Municipal Code, Section 7300 et al., to create the new Mausoleum Perpetual Care Fund. RNC Capital Management, the investment counselor for the Cemetery Perpetual Care Fund, was also designated to manage these funds in accordance with parameters approved by the Council. These funds are accounted for 17 in Fund 89, the Mausoleum Perpetual Care Fund. Ocean Park Redevelopment Projects - Under the terms of the trust agreement between the Redevelopment Agency of the City of Santa Monica and the fiscal agent (First Trust of California BNY Western Trust Company) for the Redevelopment Agency of the City of Santa Monica Ocean Park Redevelopment Projects Tax Allocation Bonds, Series 19922002), certain specific funds must be held by the fiscal agent, to (i) refund the Agency’s Ocean Park Redevelopment Projects Tax Allocation Refunding Bonds, Series 1988A refinance for the Agency’s Ocean Park Redevelopment Projects Tax Allocation Refunding Bonds, Series 1992, (ii) refund the Agency’s Ocean Park Redevelopment Projects Tax Allocation Refunding Bonds, Series 1988B provide funds to make certain payments with respect to a certain loan made by the City of Santa Monica (the “City”) to the Agency, (iii) provide funds to repay a portion of certain promissory notes of the Agency provide funds for the purpose of aiding in increasing, improving, and preserving low and moderate income housing in the Project Area, (iv) fund a reserve fund for the refunding bonds, and (v) pay the costs incurred with the issuance of the Refunding Bonds. The funds are accounted for in Fund 85, the Debt Service Fund. Parking Authority Lease Revenue Bonds - Under the terms of the trust agreement between the Parking Authority and the fiscal agent (First Trust of California BNY Western Trust Company) for the Parking Authority of the City of Santa Monica Lease Revenue Refunding Bonds, 1992 2002, certain specific funds must be held by the fiscal agent, for construction and improvement needs, for principal and interest payments, and for reserve requirements to (i) refinance the Authority’s 1992 Lease Revenue Bonds, (ii) cause the amount in the reserve fund to be at least equal to the reserve requirements set forth in the indenture, and (iii) pay the costs incurred in connection with the issuance of the bonds. The funds are accounted for in Fund 85, the Debt Service Fund. Petty Cash - Section 1513 of the City Charter provides for the establishment of petty cash funds for use by department heads to make cash expenditures of a minor nature. Petty cash funds are managed by each individual department and are accounted for in each department's financial records. These funds are not invested. Public Safety Facility Project - Under the terms of the trust agreements the Public Financing Authority of the City of Santa Monica and BNY Western Trust Company, and, as trustee, for the Santa Monica Public Financing Authority Lease Revenue Bonds, Series 1999 and Series 2002A, certain specific funds must be held by the fiscal agent, for (i) the acquisition, construction and installation of certain capital improvements constituting a public safety facility and related improvements, facilities and equipment, (ii) for principal and interest payments and (iii) for reserve requirements. The funds are accounted for in Fund 85, the Debt Service Fund. 18 Santa Monica Rehabilitation Loan Funds - These funds were established by City Council Resolution to promote low cost housing by providing loans to rehabilitate homes. These funds are held in trust by the First Federal Savings Bank of California, and are administered by the Resource Management Department and the Finance Department. The funds are accounted for in Fund 19, the Community Development Block Grant Fund. Wastewater Enterprise Revenue Bonds - Under the terms of the trust agreement between the City of Santa Monica and the fiscal agent, (First Trust of California U.S. Bank Corporate Trust Services for the City of Santa Monica Wastewater Enterprise Revenue bonds (Hyperion Project), 1993 Refunding Series, certain specific funds must be held by the fiscal agent for payment of principal and interest and for reserve requirements. The funds are accounted for in the 31 Fund, the Wastewater Enterprise Fund. Workers' Compensation Account - This checking account was established at First Interstate Bank (now Wells Fargo Bank) in accordance with City Council Resolution 6692 to provide a means to administer the City's contract with the workers' compensation insurance adjusters. It is administered by the Risk Management Division of the City Manager's Office and Finance departments and account for in Fund 59, the Self-Insurance Workers' Compensation Fund. These funds are not invested. The following accounts for the City of Santa Monica appear on the books for accounting purposes, but are not City assets and are excluded from coverage of the City Investment Policy: Bail Bond Account - This is a clearing account established at Wells Fargo Bank for the operational convenience of the courts and the Police Department in processing bail bond payments. It is administered by the Police Department and the Finance Department. Downtown Redevelopment Lease Revenue Bonds Escrow Account - As a result of the issuance of the Downtown Redevelopment Lease Revenue Bonds, Series 1992 (Downtown Redevelopment Refunding Project of 2002), an escrow fund was established with BNY Western Trust Company for purposes of payment of principal of, and premium and interest payments with respect to the 1992 Lease Revenue Bonds, Series 1992 (Downtown Redevelopment Project of 1992). Downtown Redevelopment Lease Revenue Bonds Escrow Account - As a result of the issuance of the Downtown Redevelopment Lease Revenue Bonds, Series 2002 19 (Downtown Redevelopment Refunding Project of 1992), an escrow fund was established with Union Bank for purposes of payment of principal of, and premium and interest payments with respect to the 1978 Lease Revenue Bonds, Series 1992 (Downtown Redevelopment Project of 1978). Ocean Park Redevelopment Projects Tax Allocation Bonds Escrow Accounts (Refunding Bonds, Series 1988A and Refinancing Bonds, Series 1988B) - As a result of the issuance of the Ocean Park Redevelopment Projects Tax Allocation Refunding Bonds, Series 1992, escrow funds were established with Bank of America (now with First Trust of California) for purposes of payment of (i) the principal of and accrued interest on the 1988 Bonds coming due on and prior to the Redemption Data and, (ii) the Redemption Price for the 1988 Bonds on the Redemption Date. Ocean Park Redevelopment Projects Tax Allocation Bonds Escrow Accounts (Refunding Bonds, Series 1992 ) - As a result of the issuance of the Ocean Park Redevelopment Projects Tax Allocation Refunding Bonds, Series 2002, escrow funds were established with BNY Western Trust Company for purposes of payment of (i) the principal of and accrued interest on the 1992 Bonds coming due on and prior to the Redemption Data and, (ii) the Redemption Price for the 1992 Bonds on the Redemption Date. Parking Authority Bonds Escrow Fund - As a result of the issuance of the City of Santa Monica Certificates of Participation (Third Street Mall Project), 1986, the Parking Authority Revenue Bonds of 1966 were placed in "defeasance" with the fiscal agent, Bank of America. The investment securities held are sufficient to provide for the balance of the revenue bond's principal and interest payments. The defeasance of these bonds was accounted for in Fund 77, the Parking Authority Fund. Parking Authority Bonds Escrow Fund - As a result of the issuance of the Parking Authority of the City of Santa Monica Lease Revenue Refunding Bonds, Series 2002, Parking Authority of the City of Santa Monica Lease Revenue Refunding Bonds, Series 1992 were placed in "defeasance" with the fiscal agent, BNY Western Trust Company. The investment securities held are sufficient to provide for the balance of the revenue bond's principal and interest payments. Third Street Mall Certificates of Participation Escrow Account - As a result of the issuance of the Parking Authority Lease Revenue Bonds, Series 1992 (City of Santa Monica Refunding Improvements Project of 1992), an escrow fund was established with First Interstate Bank (now Wells Fargo Bank) for purposes of payment of principal and premium and interest payments with respect to 1986 Third Street Mall Certificates of Participation coming due after the issuance of the refunding bonds. 20 Wastewater Enterprise Revenue Bonds Escrow Account - As a result of the issuance of the City of Santa Monica Wastewater Enterprise Revenue Bonds (Hyperion Project), 1993 Refunding Series, an escrow fund was established with Bank of America (now with First Trust of California) for purposes of payment of principal of and premium and interest payments with respect to the Wastewater Enterprise Revenue Bonds, 1991 Series A through the date that the bonds are redeemed. ATTACHMENT C: Summary of State of California Statutes Applicable to Municipal Investments The following investments are authorized by California State Code, Title 5, Division 2, Sections 53600, 53601, 53631.5 and 53635. See code sections for complete descriptions. Legal Authorized Investment Other Constraints Limit (%) Local Agency Bonds No limit Maximum maturity 5 years. U.S. Treasury Obligations No limit Maximum maturity 5 years. State of California No limit Maximum maturity 5 years. Obligations California Local Agency No limit Maximum maturity 5 years. Obligations U.S. Agencies No limit Maximum maturity 5 years. Bankers Acceptance 40% Eligible for purchase by the Federal Reserve System and not to exceed 180 days to maturity. No more than 30% may be in bankers acceptances of any one commercial bank. Commercial Paper 15%/30% "Prime" quality; U.S. corporate assets over $500,000,000; "A" debt rating; purchases may not represent more than 10% of outstanding paper and may not exceed 270 days to maturity. The maximum limit on commercial paper is 25% of all investments 21 Negotiable Certificates of 30% Maximum maturity 5 years. State and Deposit Federally chartered banks and savings institutions, including U.S. branches of foreign banks regulated by State regulatory authorities ("Yankee CD"). Repurchase Agreement No limit Maximum maturity 1 year. Securities used as collateral for repo's must be investments allowable under Govt. Code (i.e., T-bills, Agencies, BAs, CDs, etc.); must be collateralized at 102% of market value or greater; securities must be safekept by third party. Reverse Repurchase 20%* Must be made with primary dealers of the Agreements Federal Reserve Bank of New York and the securities used for the agreement must have been held by the local agency for at least 30 days. The maximum maturity is 92 days. Securities Lending 20%* Must be made with primary dealers of the Agreements Federal Reserve Bank of New York; the securities used for the agreement must have been held by the local agency for at least 30 days. Securities used as collateral must be investments allowable under Govt. Code (i.e. U.S. Treasury obligations, Agencies, BA=s CDs, etc.); both the securities and the collateral are to be held by a third party. Maximum maturity 92 days. Medium-Term Corporate 30% Maximum maturity 5 years; bonds must be Notes rated in top three rating categories by a nationally recognized rating service. 22 Shares of beneficial 20% No more than 10% may be invested in any interest issued by one mutual fund. Funds are invested in diversified management securities and obligations authorized by companies sub-divisions (a) through (m) of Section (mutual funds) 53601and 53635, (any of the authorized investments for local agencies) the investment company must be in highest ranking provided by not less than two of the three largest nationally recognized rating services OR must have the investment advisor registered with the SEC with no less than 5 yrs. experience and have assets under mgmt. in excess of $500 million. Money Market Funds 20% The money market funds must have an average weighted maturity of 90 days or less and abide by SEC regulations; funds must receive the highest ranking by 2 of the 3 largest nationally recognized rating agencies OR retain an investment advisor who is registered, or exempt from registration, with the SEC and has at least 5 years= experience managing money market funds in excess of $500 million. Collateralized Certificate No limit Maximum maturity 5 years#. Banks: of Deposit deposit not to exceed the total of paid-in capital surplus. S&Ls: deposit not to exceed the greater of total net worth or $500,000. State and Federal credit unions: deposit shall not exceed the greater of the total of unpaired capital and surplus or $500,000. Must be collateralized to 110% of the CD value by other eligible securities. Investments in certificates of deposits of state or federal credit unions if any member of the city=s governing or managing officers (council, city manager, fiscal officers) serves on the credit union board or key committee 23 positions is prohibited. Mortgage Securities 20% Maximum maturity 5 years; bonds must be rated in top two rating categories by a nationally recognized rating service. Shall not exceed 95% of the mortgage security's fair market value. Local Agency $ 40 Monies are invested in pooled state fund Investment Fund million managed by State Treasurer. Maximum, (LAIF) 15 transactions per month. County Pooled No limit Investment Funds *20% for reverse repurchase agreements and securities lending agreements combined. Prohibited investments include securities not listed above, as well as inverse floaters, range notes, interest only strips derived from a pool of mortgages (collateralized mortgage obligations), and any security that could result in zero interest accrual if held to maturity, as specified in Section 53601.6. Bond Proceeds 24 Bond proceeds may be invested in accordance with the State Code provisions. GLOSSARY AGENCIES: Federal agency securities. ASKED: The price at which securities are offered. BANKERS= ACCEPTANCE (BA): A draft or bill of exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BASIS POINT: A basis point equals one one-hundredth of 1% (.01%). BID: The price offered for securities. BOOK ENTRY SECURITIES: All U.S. Treasury and Federal Agencies are maintained on computerized records at the Federal Reserve now known as "wireable" securities. BROKER: A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides; he does not position. In the money market, brokers are active in markets in which banks buy and sell money and in interdealer markets. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of Santa Monica. It includes five combined statements and basic financial statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. 25 CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD's are typically negotiable. COMMERCIAL PAPER (CP): An unsecured promissory note with a fixed maturity no longer than 270 days. Public offerings are exempt from SEC registration. The largest issuers include General Motors Acceptance Corporation (GMAC), General Electric Capital Corporation (GECC) and other major corporations. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DELIVERY VERSUS PAYMENT (DVP): There are two methods of delivery of securities: delivery versus payment and delivery versus receipt (also called free). Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DEBENTURE: A bond secured only by the general credit of the issuer. DISCOUNT: The difference between the cost price of a security and its value at maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value (e.g., U.S. Treasury bills). DIVERSIFICATION: Dividing investment funds among a variety of securities and issuers offering independent returns. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters. FEDERAL FUNDS: Non-interest bearing deposits held by member banks at the Federal Reserve. Also used to denote "immediately available" funds in the clearing 26 sense. "Fed Funds" also used to refer to these funds. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C., 12 Regional Banks and about 5,700 commercial banks that are members of the system. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures financial institutions' deposits, currently up to $100,000 per deposit. FEDERAL HOME LOAN BANKS (FHLB): The institution that formerly regulated and lent to savings and loan associations. The Federal Home Loan Banks played a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks. However, those responsibilities have been assumed by the Office of Thrift Supervision and the FDIC. FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC): A U.S. Corporation and instrumentality of the U.S. government. Through its purchases of conventional mortgages, it provides liquidity to the mortgage markets, much like FNMA. FHLMC'S Securities are highly liquid and widely accepted. FHLMC assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing & Urban Development, H.U.D. It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder- owned corporation. The corporations purchases include a variety of adjustable mortgages and second loans in addition to fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. 27 GOVERNMENTAL NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae): Securities guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by FHA, VA or FMHM mortgages. The term pass-throughs is often used to describe Ginnie Maes. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL AGENCY INVESTMENT FUND (LAIF): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase reverse agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller-borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank, as directed by the FOMC, in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary policy tool. PORTFOLIO: Collection of securities held by an investor. PRIMARY DEALER: A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve 28 Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker-dealers, banks, and a few unregulated firms. PRIME RATE: The rate at which banks lend to their best or "prime" customers. Also known as the "reference rate." PRUDENT PERSON RULE: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the state (the so-called legal list). In other states, the trustee may invest in a security if it is one, which would be brought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to finance their positions. Exception: When the Fed is said to be doing RP, it is lending money, that is, increasing bank reserves. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SEC RULE 15C3-1: See uniform net capital rule. STUDENT LOAN MARKETING ASSOCIATION (SLMA): A U.S. Corporation and instrumentality of the U.S. government. Through its borrowings, funds are targeted for loans to students in higher education institutions. SLMA's securities are highly liquid 29 and are widely accepted. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SETTLEMENT DATE: The date on which a trade is cleared by delivery of securities against funds. This date may be the same as the trade date or later. TENNESSEE VALLEY AUTHORITY (TVA): A U.S. Corporation created in the 1930's, to electrify the Tennessee Valley area; currently a major utility headquartered in Knoxville Tennessee. TVA's securities are highly liquid and are widely accepted. TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than ten years. TREASURY NOTES: Intermediate term coupon bearing U.S. Treasury securities having initial maturities of from one to ten years. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. TRADE DATE: The date on which a transaction is initiated or entered into by the buyer and seller. WHEN-ISSUED TRADES: Typically, there is a lay between the time a new bond is 30 announced and sold, and the time when it is actually issued. During this interval, the security trades "wi", "when, as, and if issued." YIELD TO MATURITY: The rate of return yielded by a debt security held to maturity when both interest payments and the investor's capital gain or loss on the security are taken into account. F:\Finance\Treas\share\invpol-3 31