HomeMy WebLinkAbout05 - Investment Policy UpdateCITY OF
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NEWPORT BEACH
c'411:0 City Council Staff Report
March 28, 2017
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dan Matusiewicz, Finance Director - 949-644-3123,
dmatusiewicz@newportbeachca.gov
PREPARED BY: Steve Montano, Deputy Finance Director,
smontano@newportbeachca.gov
PHONE: 949-644-3240
TITLE: Investment Policy Update
ABSTRACT:
Consistent with Section K-2 of Council Policy F-1, Statement of Investment Policy (the
Policy), the Finance Department has completed an annual review of the Policy to ensure
its consistency with the overall objectives of preservation of principal, liquidity and return,
and its relevance to current law and financial and economic trends. Staff is proposing
two minor modifications to the Investment Policy as recommended by the City's
investment advisor, Chandler Asset Management (Chandler), and supported by the City's
Finance Director/Treasurer. Both changes have been reviewed and approved by the
City's Finance Committee.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Staff and the Finance Committee recommend adopting Resolution No. 2017-19, A
Resolution of the City Council of the City of Newport Beach, California, Finding
Consistency with Stated Investment Objectives and Amending City Council Policy
F-1 Requiring Long -Term Credit Rating Minimums to be in the `A" Category or Better,
and to Allow for the Use of Mutual Funds in a Manner Consistent with Government
Code Section 53601. These changes are in furtherance of the City's investment
objectives.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
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Investment Policy Update
March 28, 2017
Page 2
DISCUSSION:
California Government Code Section 53600.5 mandates that the City Treasurer shall
follow three objectives when investing, reinvesting, purchasing, acquiring, exchanging,
selling, or managing public funds. The primary objective of the City Treasurer shall be to
safeguard the principal of the funds under his or her control. The secondary objective
shall be to meet the liquidity needs of the City. The third objective shall be to achieve a
return on the funds under his or her control. Guided by the Policy and constrained by
California Government Code, the City's core investment objectives are to provide safety
of the invested principal by maintaining a well -diversified, high-quality portfolio of liquid
assets while earning a market rate of return commensurate with the City's conservative
risk profile.
The investment of City funds is governed by California Code (Sections 53600-53610) that
prescribe the investment vehicles in which local agencies are permitted to invest available
funds. Staff, working with its investment advisor, Chandler Asset Management, has
completed a comprehensive review of the City's Investment Policy including compliance
with relevant sections of the Government Code, as well as, incorporating best investment
practices. This review included both evaluating the Investment Policy's compliance with
relevant sections of the California Code, and considering changes to incorporate best
investment practices. As a result of this review, two changes to the Investment Policy are
proposed. Both changes have been reviewed and approved by the City's Finance
Committee.
The most significant changes to the Investment Policy include:
Ratings Category — Staff recommends that where long-term credit rating minimums are
specified for investments, that the policy specify that they must be in the "A" category or
better. This is consistent with a code clarification that took effect on January 1, 2017.
Mutual Funds — Staff recommends new language allowing for the use of mutual funds in
a manner that is consistent with Government Code Section 53601(1). This criteria is more
restrictive when compared to how private entities or individuals may invest in mutual funds
and does not include equity -based mutual funds. Any mutual fund acquired by the City
could only be comprised of bonds and other investments authorized by Government Code
Section 53601(1). See the redline Statement of Investment Policy for recommended
changes, included as Attachment A.
These changes are in furtherance of the City's investment objectives of safety, liquidity
and yield.
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Investment Policy Update
March 28, 2017
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ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Proposed Resolution No. 2017-19 and Council Policy F-1 Statement of
Investment Policy (with redline)
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Attachment A
Proposed Resolution No. 2017-19 and Council Policy F-1 Statement of Investment
Policy (with redline)
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RESOLUTION NO. 2017- 19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, FINDING
CONSISTENCY WITH STATED INVESTMENT
OBJECTIVES AND AMENDING CITY COUNCIL POLICY F-
1 REQUIRING LONG-TERM CREDIT RATING MINIMUMS
TO BE IN THE "A" CATEGORY OR BETTER, AND TO
ALLOW FOR THE USE OF MUTUAL FUNDS IN A MANNER
CONSISTENT WITH GOVERNMENT CODE SECTION
53601
WHEREAS, the City Council of the City of Newport Beach ("City") through City
Council Policy F-1 adopted a Statement of Investment Policy;
WHEREAS, City Council Policy F-1 requires the Director of Finance/ Treasurer to
review the Investment Policy with the Finance Committee at least annually to ensure its
consistency with the overall objectives of preservation of principal, liquidity and return, and
its relevance to current law and financial and economic trends;
WHEREAS, the Finance Committee reviewed changes to the written Statement of
Investment Policy at its February 16, 2017, meeting and found consistency with the stated
objectives;
WHEREAS, City Council Policy F-1 requires the Director of Finance/Treasurer to
review the Investment Policy with the City Council at a public meeting if there are changes
recommended to the Investment Policy;
WHEREAS, the Director of Finance/Treasurer has reviewed the written Statement
of Investment Policy and recommends changes to better align the policy with State law and
allow for greater investment diversification; and
WHEREAS, the City Manager reviewed the recommended revisions suggested by
the Director of Finance/Treasurer and recommends the City Council amend the City's
written Statement of Investment Policy as provided in this resolution.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: After considering the City's written Statement of Investment Policy at a
public meeting, and reviewing all associated written and oral testimony, the City Council
finds the City's written Statement of Investment Policy is consistent with the overall
objectives of preservation of principal, liquidity and return, and is relevant to current law
and financial and economic trends.
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Section 2: City Council Policy F-1, Statement of Investment Policy is hereby
amended in its entirety and replaced with the attached Statement of Investment Policy,
which is incorporated by reference into this resolution. This amendment better aligns
the policy with State law and allows for greater investment diversification.
Section 3: If anysection, subsection, sentence, clause or phrase ofthis resolution
is for any reason held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds this action is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
for resulting in physical change to the environment, directly or indirectly.
Section 5: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 28th day of March 2017.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROV FORM:
CITY A S OFFICE
City Attorney
Attachment: Amended City Council Policy F-1
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STATEMENT OF INVESTMENT POLICY
PURPOSE:
F-1
The City Council has adopted this Investment Policy (the Policy) in order to establish the
scope of the investment policy, investment objectives, standards of care, authorized
investments, investment parameters, reporting, investment policy compliance and
adoption, and the safekeeping and custody of assets.
This Policy is organized in the following sections:
A. Scope of Investment Policy
1. Pooling of Funds
2. Funds Included in the Policy
3. Funds Excluded from the Policy
B. Investment Objectives
1. Safety
2. Liquidity
3. Yield
C. Standards of Care
1. Prudence
2. Ethics and Conflicts of Interest
3. Delegation of Authority
4. Internal Controls
D. Banking Services
E. Broker/Dealers
F. Safekeeping and Custody of Assets
G. Authorized Investments
1. Investments Specifically Permitted
2. Investments Specifically Not Permitted
3. Exceptions to Prohibited and Restricted Investments
H. Investment Parameters
1. Diversification
2. Maximum Maturities
3. Credit Quality
4. Competitive Transactions
I. Portfolio Performance
J. Reporting
K. Investment Policy Compliance and Adoption
1. Compliance
2. Adoption
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A. SCOPE OF INVESTMENT POLICY
1. Pooling of Funds
All cash shall be pooled for investment purposes. The investment income
derived from the pooled investment shall be allocated to the contributing
funds, net of all banking and investing expenses, based upon the proportion
of the respective average balances relative to the total pooled balance.
Investment income shall be distributed to the individual funds not less than
annually.
2. Funds Included in the Policy
The provisions of this Policy shall apply to all financial assets of the City as
accounted for in the City's Comprehensive Annual Financial Report,
including;
a) General Fund
b) Special Revenue Funds
c) Capital Project Funds
d) Enterprise Funds
e) Internal Service Funds
f) Trust and Agency Funds
g) Permanent Endowment Funds
h) Any new fund created unless specifically exempted
If the City invests funds on behalf of another agency and, if that agency
does not have its own investment policy, this Policy shall govern the
agency's investments.
3. Funds Excluded from this Policy
Bond Proceeds - Investment of bond proceeds will be made in accordance
with applicable bond indentures.
B. INVESTMENT OBJECTIVES
The City's funds shall be invested in accordance with all applicable City policies
and codes, State statutes, and Federal regulations, and in a manner designed to
accomplish the following objectives, which are listed in priority order:
1. Safety
Preservation of principal is the foremost objective of the investment
program. Investments of the City shall be undertaken in a manner that
seeks to ensure the preservation of capital in the overall portfolio. The
objective shall be to mitigate credit risk and interest rate risk. To attain this
objective, the City shall diversify its investments by investing funds among
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several financial institutions and a variety of securities offering
independent returns.
a) Credit Risk
The City shall minimize credit risk, the risk of loss due to the
failure of the security issuer or backer, by:
■ Limiting investments in securities that have higher credit risks,
pre -qualifying the financial institutions, broker/dealers,
intermediaries, and advisors with which the City will do
business
■ Diversifying the investment portfolio so as to minimize the
impact any one industry/ investment class can have on the
portfolio
b) Interest Rate Risk
To minimize the negative impact of material changes in the market
value of securities in the portfolio, the City shall:
■ Structure the investment portfolio so that securities mature
concurrent with cash needs to meet anticipated demands,
thereby avoiding the need to sell securities on the open
market prior to maturity
■ Invest in securities of varying maturities
2. Liquidity
The City's investment portfolio shall remain sufficiently liquid to enable the
City to meet all operating requirements which might be reasonably
anticipated without requiring a sale of securities. Since all possible cash
demands cannot be anticipated, the portfolio should consist largely of
securities with active secondary or resale markets. A portion of the portfolio
also may be placed in money market mutual funds or LAIF which offer
same-day liquidity for short-term funds.
3. Yield
The City's investment portfolio shall be designed with the objective of
attaining a benchmark rate of return throughout budgetary and economic
cycles, commensurate with the City's investment risk constraints and the
liquidity characteristics of the portfolio. Return on investment is of
secondary importance compared to the safety and liquidity objectives
described above. The core of investments is limited to relatively low risk
securities in anticipation of earning a fair return relative to the risk being
assumed.
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C. STANDARDS OF CARE
1. Prudence
The standard of prudence to be used for managing the City's investment
program is California Government Code Section 53600.3, the prudent
investor standard, which states that "when investing, reinvesting,
purchasing, acquiring, exchanging, selling, or managing public funds, a
trustee shall act with care, skill, prudence, and diligence under the
circumstances then prevailing, including, but not limited to, the general
economic conditions and the anticipated needs of the agency, that a prudent
person acting in a like capacity and familiarity with those matters would
use in the conduct of funds of a like character and with like aims, to
safeguard the principal and maintain the liquidity needs of the agency."
The City's overall investment program shall be designed and managed with
a degree of professionalism that is worthy of the public trust. The City
recognizes that no investment is totally without risk and that the
investment activities of the City are a matter of public record. Accordingly,
the City recognizes that occasional measured losses may occur in a
diversified portfolio and shall be considered within the context of the
overall portfolio's return, provided that adequate diversification has been
implemented and that the sale of a security is in the best long-term interest
of the City.
The Finance Director and authorized investment personnel acting in
accordance with established 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 a timely fashion to the City Council and appropriate action is
taken to control adverse developments.
2. Ethics and Conflicts of Interest
Elected officials and employees involved in the investment process shall
refrain from personal business activity that could conflict with proper
execution of the City's investment program or could impair or create the
appearance of an impairment of their ability to make impartial investment
decisions. Employees and investment officials shall subordinate their
personal investment transactions to those of the City. In addition, City
Council members, the City Manager, and the Finance Director shall file a
Statement of Economic Interests each year as required by California
Government Code Section 87203 and regulations of the Fair Political
Practices Commission.
3. Delegation of Authority
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Authority to manage the City's investment program is derived from the
Charter of the City of Newport Beach section 605 0). The Finance Director
shall assume the title of and act as City Treasurer and with the approval of
the City Manager appoint deputies annually as necessary to act under the
provisions of any law requiring or permitting action by the City Treasurer.
The Finance Director may then delegate the authority to conduct
investment transactions and to manage the operation of the investment
portfolio to other specifically authorized staff members. No person may
engage in an investment transaction except as expressly provided under the
terms of this Policy.
The City may engage the support services of outside investment advisors
with respect to its investment program, so long as it can be demonstrated
that these services produce a net financial advantage or necessary financial
protection of the City's financial resources. Such companies must be
registered under the Investment Advisors Act of 1940, be well-established
and exceptionally reputable. Members of the staff of such companies who
will have primary responsibility for managing the City's investments must
have a working familiarity with the special requirements and constraints of
investing municipal funds in general and this City's funds in particular.
These firms must insure that the portion of the portfolio under their
management complies with various concentration and other constraints
specified herein, and contractually agree to conform to all provisions of
governing law and the collateralization and other requirements of this
Policy. Selection and retention of broker/ dealers by investment advisors
shall be at their sole discretion and dependent upon selection and retention
criteria as stated in the Uniform Application for Investment Advisor
Registration and related Amendments (SEC Form ADV 2A).
4. Internal Controls
The Finance Director is responsible for establishing and maintaining a
system of internal controls. The internal controls shall be designed to
prevent losses of public funds arising from fraud, employee error, and
misrepresentation by third parties, unanticipated changes in financial
markets, or imprudent action by City employees and officers. The internal
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.
D. BANKING SERVICES
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Banking services for the City shall be provided by FDIC insured banks approved
to provide depository and other banking services. To be eligible, a bank shall
qualify as a depository of public funds in the State of California as defined in
California Government Code Section 53630.5 and shall secure deposits in excess of
FDIC insurance coverage in accordance with California Government Code Section
53652.
E. BROKER/ DEALERS
In the event that an investment advisor is not used to purchase securities, the City
will select broker/ dealers on the basis of their expertise in public cash
management and their ability to provide service to the City's account.
Each approved broker/dealer must possess an authorizing certificate from the
California Commissioner of Corporations as required by Section 25210 of the
California Corporations Code.
To be eligible, a firm must meet at least one of the following criteria:
1. Be recognized as Primary Dealers by the Federal Reserve Bank of New York
or have a primary dealer within their holding company structure, or
2. Report voluntarily to the Federal Reserve Bank of New York, or
3. Qualify under Securities and Exchange Commission (SEC) Rule 15c3-1
(Uniform Net Capital Rule).
F. SAFEKEEPING AND CUSTODY OF ASSETS
The Finance Director shall select one or more banks to provide safekeeping and
custodial services for the City. A Safekeeping Agreement approved by the City
shall be executed with each custodian bank prior to utilizing that bank's
safekeeping services.
Custodian banks will be selected on the basis of their ability to provide services
for the City's account and the competitive pricing of their safekeeping related
services.
The purchase and sale of securities and repurchase agreement transactions shall
be settled on a delivery versus payment basis. All securities shall be perfected in
the name of the City. Sufficient evidence to title shall be consistent with modern
investment, banking and commercial practices.
All investment securities, except non-negotiable Certificates of Deposit, Money
Market Funds and local government investment pools, purchased by the City will
be delivered by book entry and will be held in third -party safekeeping by a City
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approved custodian bank, its correspondent bank or its Depository Trust
Company (DTC) participant account.
All Fed wireable book entry securities owned by the City shall be held in the
Federal Reserve system in a customer account for the custodian bank which will
name the City as "customer."
All DTC eligible securities shall be held in the custodian bank's DTC participant
account and the custodian bank shall provide evidence that the securities are held
for the City as "customer."
G. AUTHORIZED INVESTMENTS
All investments and deposits of the City shall be made in accordance with
California Government Code Sections 16429.1, 53600-53609 and 53630-53686. Any
revisions or extensions of these code sections will be assumed to be part of this
Policy immediately upon being enacted. The City has further restricted the eligible
types of securities and transactions. The foregoing list of authorized securities and
transactions shall be strictly interpreted. Any deviation from this list must be pre -
approved by resolution of the City Council. In the event an apparent discrepancy
is found between this Policy and the Government Code, the more restrictive
parameter(s) will take precedence.
Where this section specifies a percentage limitation for a particular security type,
that percentage is applicable only at the date of purchase.
1. Investments Specifically Permitted
a) United States Treasury bills, notes, or bonds with a final maturity not
exceeding five years from the date of trade settlement. There is no
limitation as to the percentage of the City's portfolio that may be
invested in this category.
b) Federal Instrumentality (government-sponsored enterprise)
debentures, discount notes, callable and step-up securities, with a
final maturity not exceeding five years from the date of trade
settlement. There is no limitation as to the percentage of the portfolio
that can be invested in this category.
c) Federal Agency Obligations for which the full faith and credit of the
United States are pledged for the payment of principal and interest
and which have a final maturity not exceeding five years from the
date of trade settlement. There is no limitation as to the percentage
of the portfolio that can be invested in this category.
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d) Mortgage-backed Securities, Collateralized Mortgage Obligation
(CMO) and Asset-backed Securities limited to mortgage-backed
pass-through securities issued by a US government agency, or
consumer receivable pass-through certificates or bonds with a final
maturity not exceeding five years from the date of trade
settlement. Securities eligible for investment under this subdivision
shall be issued by an issuer whose debt is rated in at least the "A"
category or the equivalent by a Nationally Recognized Statistical
Rating Organization (NRSRO). The security itself shall be rated at
least "AAA" or the equivalent by an NRSRO. No more than five
percent (5%) of the City's total portfolio shall be invested in any one
issuer of mortgage-backed and asset-backed securities listed above,
and the aggregate investment in mortgage-backed and asset-backed
securities shall not exceed twenty percent (20%) of the City's total
portfolio.
e) Medium -Term Notes issued by corporations organized and
operating within the United States or by depository institutions
licensed by the United States or any state and operating within the
United States, with a final maturity not exceeding five years from the
date of trade settlement, and rated in at least the "A" category or the
equivalent by an NRSRO. No more than five percent (5%) of the
City's total portfolio shall be invested in any one issuer of medium-
term notes, and the aggregate investment in medium-term notes
shall not exceed thirty percent (30%) of the City's total portfolio.
f) Municipal Bonds: including bonds issued by the City of Newport
Beach, including bonds payable solely out of the revenues from a
revenue-producing property owned, controlled, or operated by the
City or by a department, board, agency, or authority of the City.
State of California registered warrants or treasury notes or bonds,
including bonds payable solely out of the revenues from a revenue-
producing property owned, controlled, or operated by the state or
by a department, board, agency, or authority of the state.
Registered treasury notes or bonds of any of the other 49 states in
addition to California, including bonds payable solely out of the
revenues from a revenue producing property owned, controlled, or
operated by a state or by a department, board, agency, or authority
of any of the other 49 states, in addition to California.
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Bonds, notes, warrants, or other evidences of indebtedness of a local
agency within California, including bonds payable solely out of the
revenues from a revenue-producing property owned, controlled, or
operated by the local agency, or by a department, board, agency, or
authority of the local agency.
In addition, these securities must be rated in at least the "A" category
or the equivalent by a NRSRO with maturities not exceeding five
years from the date of trade settlement. No more than five percent
(5%) of the City's total portfolio shall be invested in any one
municipal issuer. In addition, the aggregate investment in municipal
bonds may not exceed thirty percent (30%) of the portfolio.
g) Non-negotiable Certificates of Deposit and savings deposits with a
maturity not exceeding two years from the date of trade settlement,
in FDIC insured state or nationally chartered banks or savings banks
that qualify as a depository of public funds in the State of California
as defined in California Government Code Section 53630.5. Deposits
exceeding the FDIC insured amount shall be secured pursuant to
California Government Code Section 53652. No one issuer shall
exceed more than five percent (5%) of the portfolio, and investment
in negotiable and nonnegotiable certificates of deposit shall be
limited to thirty percent (30%) of the portfolio combined.
h) Negotiable Certificates of Deposit only with a nationally or state -
chartered bank, a savings association or a federal association (as
defined by Section 5102 of the Financial Code), a state or federal
credit union, or by a federally licensed or state -licensed branch
of a foreign bank whose senior long-term debt is rated in at least
the "A" category, or the equivalent, or short-term debt is rated at
least "A-1" or the equivalent by an NRSRO and having assets in
excess of $10 billion, so as to ensure security and a large, well-
established secondary market. Ease of subsequent marketability
should be further ascertained prior to initial investment by
examining currently quoted bids by primary dealers and the
acceptability of the issuer by these dealers. No one issuer shall
exceed more than five percent (5%) of the portfolio, and maturity
shall not exceed two years. Investment in negotiable and non-
negotiable certificates of deposit shall be limited to thirty percent
(30%) of the portfolio combined.
i) Prime Commercial Paper with a maturity not exceeding 270 days
from the date of trade settlement that is rated "A-1", or the
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equivalent, by an NRSRO. The entity that issues the commercial
paper shall meet all of the following conditions in either sub-
paragraph i. or sub -paragraph ii. below:
i. The entity shall (1) be organized and operating in the United
States as a general corporation, (2) have total assets in excess
of $500,000,000 and (3) have debt other than commercial
paper, if any, that is rated in at least the "A" category or the
equivalent by an NRSRO.
ii. The entity shall (1) be organized within the United States as a
special purpose corporation, trust, or limited liability
company, (2) have program wide credit enhancements,
including, but not limited to, over collateralization, letters of
credit or surety bond and (3) have commercial paper that is
rated at least "A-1" or the equivalent, by an NRSRO.
iii. No more than five percent (5%) of the City's total portfolio
shall be invested in the commercial paper of any one issuer,
and the aggregate investment in commercial paper shall not
exceed twenty_ five percent (25%) of the City's total portfolio.
j) Eligible Banker's Acceptances with a maturity not exceeding 180
days from the date of trade settlement, drawn on and accepted by a
commercial bank whose senior long-term debt is rated in at least the
"A" category or the equivalent by an NRSRO at the time of purchase.
Banker's Acceptances shall be rated at least "A-1", or the equivalent
at the time of purchase by an NRSRO. If the bank has senior debt
outstanding, it must be rated in at least the "A" category or the
equivalent by an NRSRO. The aggregate investment in banker's
acceptances shall not exceed forty percent (40%) of the City's total
portfolio, and no more than five percent (5%) of the City's total
portfolio shall be invested in banker's acceptances of any one bank.
k) Repurchase Agreements and Reverse Repurchase Agreements with
a final termination date not exceeding 30 days collateralized by U.S.
Treasury obligations or Federal Instrumentality securities listed in
items 1 and 2 above with the maturity of the collateral not exceeding
ten years. For the purpose of this section, the term collateral shall
mean purchased securities under the terms of the City's approved
Master Repurchase Agreement. The purchased securities shall have
a minimum market value including accrued interest of one hundred
and two percent (102%) of the dollar value of the funds borrowed.
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Collateral shall be held in the City's custodian bank, as safekeeping
agent, and the market value of the collateral securities shall be
marked -to -the -market daily.
Repurchase Agreements and Reverse Repurchase Agreements shall
be entered into only with broker/ dealers and who are recognized as
Primary Dealers with the Federal Reserve Bank of New York, or with
firms that have a Primary Dealer within their holding company
structure. Primary Dealers approved as Repurchase Agreement
counterparties shall have a short-term credit rating of at least "A-1"
or the equivalent and a long-term credit rating of at least "A" or the
equivalent. Repurchase agreement counterparties shall execute a
City approved Master Repurchase Agreement with the City. The
Finance Director shall maintain a copy of the City's approved Master
Repurchase Agreement and a list of the broker/ dealers who have
executed same.
In addition, the City must own assets for more than 30 days before
they can be used as collateral for a reverse repurchase
agreement. No more than ten percent (10%) of the portfolio can be
involved in reverse repurchase agreements.
1) State of California's Local Agency Investment Fund (LAIF),
pursuant to California Government Code Section 16429.1.
m) County Investment Funds: Los Angeles County provides a service
similar to LAIF for municipal and other government entities outside
of Los Angeles County, including the City. Investment in this pool
is intended to be used as a temporary repository for short-term funds
used for liquidity purposes. The Finance Director shall maintain on
file appropriate information concerning the county pool's current
investment policies, practices, and performance, as well as its
requirements for participation, including, but not limited to,
limitations on deposits or withdrawals and the composition of the
portfolio. At no time shall more than five percent (5%) of the City's
total investment portfolio be placed in this pool.
n) Mutual Funds and Money Market Mutual Funds registered under
the Investment Company Act of 1940, provided that:
i. MUTUAL FUNDS that invest in the securities and obligations as
authorized under California Government Code, Section 53601 (a)
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to k) and (m)to g) inclusive and that meet either of the
following criteria:
1) Attained the highest ranking or the highest letter and
numerical rating provided by not less than two (2) NRSROs;
or
2) Have retained an investment adviser registered or exempt
from registration with the Securities and Exchange
Commission with not less than five years' experience
investing in the securities and obligations authorized by
California Government Code Section 53601 and with assets
under management in excess of $500 million.
3) No more than 10% of the total portfolio may be invested in
shares of any one mutual fund.
ii. MONEY MARKET MUTUAL FUNDS registered with the Securities
and Exchange Commission under the Investment Company Act
of 1940 and issued by diversified management companies and
meet either of the following criteria:
1) Have attained the highest ranking or the highest letter and
numerical rating provided by not less than two (2) NRSROs;
or
2) Have retained an investment adviser registered or exempt
from registration with the Securities and Exchange
Commission with not less than five years' experience
managing money market mutual funds with assets under
management in excess of $500 million.
3) No more than 20% of the total portfolio may be invested in
Money Market Mutual Funds.
iii. No more than 20% of the total portfolio may be invested in these
securities.
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O.
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o) Supranationals which are United States dollar denominated senior
unsecured unsubordinated obligations issued or unconditionally
guaranteed by the International Bank for Reconstruction and
Development (IBRD), International Finance Corporation (IFC), or
Inter -American Development Bank (IADB), with a maximum
remaining maturity of five years or less, and eligible for purchase
and sale within the United States. Investments under this paragraph
shall be rated in the "AA" category, its equivalent, or better by at least
one NRSRO.
No more than ten percent (10%) of the City's total portfolio shall be
invested in any one issuer of supranational obligations. Purchases
of supranational obligations shall not exceed twenty percent (20%)
of the investment portfolio of the City.
2. Investments Specifically Not Permitted
Any security type or structure not specifically approved by this policy is
hereby prohibited. Security types, which are thereby prohibited include,
but are not limited to: "exotic" derivative structures such as range notes,
dual index notes, inverse floating rate notes, leveraged or de -leveraged
floating rate notes, interest only strips that are derived from a pool of
mortgages and any security that could result in zero interest accrual if held
to maturity, or any other complex variable or structured note with an
unusually high degree of volatility risk.
The City shall not invest funds with the Orange County Pool.
3. Exceptions to Prohibited and Restricted Investments
The City shall not be required to sell securities prohibited or restricted in
this policy, or any future policies, or prohibited or restricted by new State
regulations, if purchased prior to their prohibition and/or restriction.
Insofar as these securities provided no notable credit risk to the City,
holding of these securities until maturity is approved. At maturity or
liquidation, such monies shall be reinvested as provided by this policy.
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H. INVESTMENT PARAMETERS
1. Diversification
The City shall diversify its investments to avoid incurring unreasonable
risks inherent in over -investing in specific instruments, individual financial
institutions or maturities. As such, no more than five percent (5%) of the
City's portfolio may be invested in the instruments of any one issuer, except
governmental issuers, supranationals, investment pools, mutual funds and
mMoney MMarket fEunds. This restriction does not apply to any type of
Federal Instrumentality or Federal Agency Security listed in Sections G1 b
and G1 c above. Nevertheless, the asset allocation in the investment
portfolio should be flexible depending upon the outlook for the economy,
the securities markets and the City's anticipated cash flow needs.
2. Maximum Maturities
To the extent possible, investments shall be matched with anticipated cash
flow requirements and known future liabilities. The City will not invest in
securities maturing more than five years from the date of trade settlement,
unless the City Council has by resolution granted authority to make such
an investment at least three months prior to the date of investment.
3. Credit Quality
The City shall not purchase any security rated "Al"' and / or "A+" or below
if that security has been placed on "credit watch" for a possible downgrade
by an NRSRO.
Each investment manager will monitor the credit quality of the securities in
their respective portfolio. In the event a security held by the City is the
subject of a rating downgrade which brings it below accepted minimums
specified herein, or the security is placed on negative credit watch, where
downgrade could result in a rate drop below acceptable levels, the
investment advisor who purchased the security will immediately notify the
Finance Director. The City shall not be required to immediately sell such
securities. The course of action to be followed will then be decided on a
case by case basis, considering such factors as the reason for the rate drop,
prognosis for recovery or further drop, and market price of the security.
The City Council will be advised of the situation and intended course of
action.
4. Competitive Transactions
Investment advisors shall make best effort to price investment transactions
on a competitive basis with broker/ dealers selected consistent with their
practices disclosed in form ADV 2A filed with the SEC. Where possible, at
least three broker/ dealers shall be contacted for each transaction and their
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bid or offering prices shall be recorded. If there is no other readily available
competitive offering, the investment advisor shall make their best efforts to
document quotations for comparable or alternative securities. If qualitative
characteristics of a transaction, including, but not limited to, complexity of
the transaction, or sector expertise of the broker, prevent a competitive
selection process, investment advisors shall use brokerage selection
practices as described above.
I. PORTFOLIO PERFORMANCE
The investment portfolio shall be designed to attain a market rate of return
throughout budgetary and economic cycles, taking into account prevailing market
conditions, risk constraints for eligible securities, and cash flow requirements. The
performance of the City's investments shall be compared to the total return of a
benchmark that most closely corresponds to the portfolio's duration, universe of
allowable securities, risk profile, and other relevant characteristics. When
comparing the performance of the City's portfolio, its rate of return will be
computed consistent with Global Investment Performance Standards (GIPS).
J. REPORTING
Monthly, the Finance Director shall produce a treasury report of the investment
portfolio balances, transactions, risk characteristics, earnings, and performance
results of the City's investment portfolio available to City Council and the public
on the City's Website. The report shall include the following information:
1. Investment type, issuer, date of maturity, par value and dollar amount
invested in all securities, and investments and monies held by the City;
2. A description of the funds, investments and programs;
3. A market value as of the date of the report (or the most recent valuation as
to assets not valued monthly) and the source of the valuation;
4. A statement of compliance with this Policy or an explanation for non-
compliance
K. INVESTMENT POLICY COMPLIANCE AND ADOPTION
1. Compliance
Any deviation from the policy shall be reported to Finance Committee as
soon as practical, but no later than the next scheduled Finance Committee
meeting. Upon recommendation of the Finance Committee, the Finance
Director shall review deviations from policy with the City Council.
2. Adoption
The Finance Director shall review the Investment Policy with the Finance
Committee at least annually to ensure its consistency with the overall
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objectives of preservation of principal, liquidity and return, and its
relevance to current law and financial and economic trends.
The Finance Director shall review the Investment Policy with City Council
at a public meeting if there are changes recommended to the Investment
Policy.
This Policy was endorsed and adopted by the City Council of the City of
Newport Beach on September 8, 2015. It replaces any previous investment
policy or investment procedures of the City.
Adopted - April 6,1959
Amended - November 9,1970
Amended - February 11, 1974
Amended - February 9,1981
Amended - October 27,1986
Rewritten - October 22,1990
Amended - January 28,1991
Amended - January 24,1994
Amended - January 9,1995
Amended - April 22,1996
Corrected - January 27,1997
Amended - February 24,1997
Amended - May 26,1998
Reaffirmed - March 22,1999
Reaffirmed - March 14, 2000
Amended & Reaffirmed - May 8, 2001
Amended & Reaffirmed - April 23, 2002
Amended & Reaffirmed - April 8, 2003
Amended & Reaffirmed - April 13, 2004
Amended & Reaffirmed - September 13, 2005
Amended - August 11, 2009
Amended & Reaffirmed - August 10, 2010
Amended & Reaffirmed - September 28, 2010
Reaffirmed - June 28, 2011
Amended & Reaffirmed - October 9, 2012
Amended - August 13, 2013
Amended - September 8, 2015
Amended - Month, Day, 2017
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