HomeMy WebLinkAboutSuccessor Agency Resolution 2012-04 - Authorizes City Treasu Council/Agency Meeting Held: 911
Deferred/Continued to:
A Appr ed ❑ Conditionally Approved ❑ Denied � Cit ign u
Council Meeting Date: September 17, 2012 Departm t Number: CT 12-014
CITY OF HUNTINGTON BEACH
REQUEST FOR SUCCESSOR AGENCY ACTION
SUBMITTED TO: Honorable Chair and Agency Members
SUBMITTED BY: Fred A. Wilson, Executive Director
PREPARED BY: Alisa Cutchen, Agency Treasurer
SUBJECT: Adopt Successor Agency Resolution No. 2012-04 authorizing the City
Treasurer, Alisa Cutchen, to make deposits and withdrawals on behalf
of the City Council of the City of Huntington Beach as the Successor
Agency to the Redevelopment Agency in the State Treasurer's Local
Agency Investment Fund (LAIF)
Statement of Issue: The Successor Agency is requested to adopt Resolution No. 2012-04
authorizing the City Treasurer, Alisa Cutchen, to order deposits and withdrawals of money in
the Local Agency Investment Fund (LAIF) on behalf of the Successor Agency to the Former
Redevelopment Agency of the City of Huntington Beach.
Financial Impact: Not Applicable.
Successor Agency Recommended Action: Motion to: Adopt Resolution No. 2012-04, "A
Resolution of the Successor Agency to the Redevelopment Agency of the City of Huntington
Beach Authorizing Investment of Monies in the Local Agency Investment Fund."
Alternative Action(s): Do not approve and direct staff as applicable.
Analysis: The State of California's Treasurer's 'office has requested a
resolution from the Successor Agency to the Redevelopment Agency of the City of
Huntington Beach.
The Local Agency Investment Fund (LAIF), a voluntary program created by statute, began in
1977 as an investment alternative for California's local governments and special districts.
The enabling legislation for the LAIF is Government Code Section 16429.1,2,3,4 of the
California Government Code that authorizes local governments to invest in LAIF. It has been
determined that the State of California cannot declare bankruptcy under Federal regulations,
thereby allowing the Government Code Section 16429.3 to stand. This Section states
"money placed with the State Treasurer for deposit in the LAIF shall not be subject to
impoundment or seizure by any State official or State agency."
During the 2002 session, California Government Code 16429.4 was added to the LAIF's
enabling legislation. The Section states that "the right of a city, county, city and county,
special district, nonprofit corporation, or qualified quasi-government agency, to withdraw its
deposited money from the LAIF upon demand may not, be altered, impaired, or denied in any '
Item 4. - 1 xB -80-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 9/17/2012 DEPARTMENT ID NUMBER: CT 12-014
way by any state official or state agency based upon the State's failure to adopt a State
Budget by July 1 of each new fiscal year."
In addition, the City's investment policy, which is annually reviewed and accepted by City
Council, also authorizes the City to invest in LAIF under Section 10.0 Authorized and
Suitable Investments.
Environmental Status: Not Applicable.
Strategic Plan Goal: Improve long-term financial sustainability. Enhance economic
development.
Attachment(s):
1. Resolution No. 2012-04, "A Resolution of the Successor Agency to the Redevelopment
Agency of the City of Huntington Beach Authorizing Investment of Monies in the Local
Agency Investment Fund."
2. City of Huntington Beach Investment Policy Fiscal Year 2011/2012.
3. Government Code Section 16429.1 — 16429.4.
4. Resolution No. 2012-01, "A Resolution of the City of Huntington Beach Designating the City
Council as the Successor Agency Under Part 1.85 of Division 24 of the Health and Safety
Code Subject to Reservations Herein Stated".
xB -81- Item 4. - 2
ATTACHMENT # 1
RESOLUTION NO. 2012-04
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF HUNTINGTON BEACH AUTHORIZING INVESTMENT
OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND
WHEREAS, pursuant to Chapter 730 of the State of California statutes of 1976, Section
16429.1 was added to the California Government Code to create a Local Agency Investment Fund
in the State Treasury for the deposit of money of a local agency for purposes of investment by the
State Treasurer; and
The Successor Agency to the Redevelopment Agency of the City of Huntington Beach,
hereinafter referred to as the "Successor Agency," does hereby find that the deposit and withdrawal
of money in the Local Agency Investment Fund in accordance with the provisions of Section
16429.1 of the Government Code for the purpose of investment as stated therein, is in the best
interests of the City.
NOW, THEREFORE, the Successor Agency does hereby resolve as follows:
That the Successor Agency does hereby authorize the deposit and withdrawal of City monies
in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of
Government Code Section 16429.1 for the purposes of investment as stated therein, and verification
by the State Treasurer's Office of all banking information provided in that regard.
IT IS FURTHER RESOLVED that the Successor Agency Treasurer (Alisa Cutchen) or her
successor in office is hereby authorized to order the deposit or withdrawal of monies in the Local
Agency Investment Fund.
PASSED AND ADOPTED by the Successor Agency to the Redevelopment Agency of the
City of Huntington Beach at a special meeting thereof held on the 17th day of
September , 20 12 .
Chair
REV APPROVED: INIT TE AND ROV
Exe tie itirector Agency Treasurer
APPROVED AS TO FORM:
A nc4Gneral Counsel
82902.doc
Successor Agency
Res. No. 2012-04
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the Clerk of the Successor Agency to the Former
City of Huntington Beach Redevelopment Agency, Huntington Beach, California,
DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Successor Agency to the Former City of Huntington Beach Redevelopment
Agency at a meeting held on September 17, 2012 and that is was so adopted by
the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
CleYk of the Successor A ency to
the Former City of Huntington
Beach Redevelopment Agency,
Huntington Beach, California
ATTACHMENT #2
CITY OF HUNTINGTON BEACH
STATEMENT OF INVESTMENT POLICY
FISCAL YEAR 2011 /2012
TABLE OF CONTENTS
SECTION
1.0 Purpose.....................................................................................................................2
2.0 Policy........................................................................... .........................................2
3.0 Scope......................................................................................... ..............................2
4.0 Prudence..................................................................................................................3
5.0 Objective..................................................................................................................4
6.0 Investment Advisory Board...................................................................................4
7.0 .Delegation of Authority..........................................................................................5
8.0 Ethics and Conflicts of Interest.............................................................................5
9.0 Authorized Financial Dealers&Institutions.......................................................5
10.0 Authorized & Suitable Investments......................................................................7
11.0 Portfolio Adjustment............................................................................................10
12.0 Collateralization....................................................................................................10
13.0 Safekeeping and Custody.....................................................................................11
14.0 Diversification.......................................................................................................11
15.0 Maximum Maturities............................................................................................12
16.0 Internal Control....................................................................................................12
17.0 Performance Standards........................................................................................13
18.0 Reporting...............................................................................................................14
19.0 Investment Policy Adoption................................................................................ 15
Glossary.................................................................................................................16
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HB -85- Item 4. - 6
CITY OF HUNTINGTON BEACH
Statement of Investment Policy
1.0 Purpose:
This policy is intended to provide guidelines for the prudent investment of the city's cash
balances, and outline the policies to assist maximizing the efficiency of the city's cash
management system while meeting the daily cash flow demands of the city.
2.0 Policy:
The investment practices and policies of the City of Huntington Beach are based upon
state law and prudent money management. The primary goals of these practices are:
A. To assure compliance with all Federal, State, and local laws governing the
investment of public funds under the control of the City Treasurer.
i. Government Code Section 53646 previously mandated that annual
investment policies and quarterly reports be rendered to the legislative
body. AB2853 amended the Government Code to remove the
requirements and the rendering of these documents is permissive rather
than mandated.
B. To protect the principal moneys entrusted to this office.
C. Achieve a reasonable rate of return within the parameters of prudent risk
management while minimizing the potential for capital losses arising from market
changes or issuer default.
3.0 Scope:
This investment policy applies to all financial assets as indicated in 3.1 below of the City
of Huntington Beach. These funds are accounted for in the city's Comprehensive
Annual Financial Report and include:
3.1 Funds:
The City Treasurer is responsible for investing the unexpended cash in the City Treasury
for all funds, except for the employee's pension funds, which are invested separately by
CALPERS, those funds which are invested separately by the City Treasurer under bond
indenture agreements,and funds which are invested separately by the City Treasurer or
trustees under other agreements approved by Council such as the Retiree Medical Trust
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Item 4. - 7 HB -86-
and the Supplemental Pension Trust. The City Treasurer will strive to maintain the level
of investment of this cash as close as possible to 100%. These funds are described in the
city's annual financial report and include:
3.1.1 General Fund
3.1.2 Special Revenue Funds
3.1.3 Capital Project Funds
3.1.4 Enterprise Funds
3.1.5 Trust and Agency Funds
3.1.6 Debt Service Funds
3.1.7 Infrastructure Funds
3.1.8 Capital Improvement Reserve Funds
3.1.9 Any new fund created by the legislative body,unless specifically exempted
This investment policy applies to all transactions involving the financial assets and
related activity of the foregoing funds. It is the City's policy to pool funds for investment
purposes to provide efficiencies and economies of scale. Investing through a pooled
account will provide for greater use of funds by allowing for a more efficient cash flow, a
reduction in transaction costs and a greater access to the market.
4.0 Prudence:
The standard of prudence to be used by the City Treasurer shall be the "prudent
investor " standard. This shall be applied in the context of managing an overall
portfolio.
The "Prudent Investor Rule" provides, pursuant to California Government Code
Section 53600.3, that investments shall be made with judgment and care—under
circumstances then prevailing—which persons of prudence, discretion and intelligence
exercise in the management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the probable income to be
derived.
4.1 The City Treasurer and the Deputy City Treasurer, as investment officers acting in
accordance with written procedures and the investment policy and exercising due
diligence, shall be relieved of personal responsibility for an individual security's credit
risk or market price changes, provided deviations from expectations are reported to the
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HB -87- Item 4. - 8
City Council in a timely fashion and appropriate action is taken to control adverse
developments.
5.0 Objective:
Consistent with this aim, investments are made under the terms and conditions of
California Government Code Section 53600, et seq. Criteria for selecting investments
and the absolute order of priority are:
5.1 Safety:
Safety of principal is the foremost objective of the investment program. Investments of
the City of Huntington Beach shall be undertaken in a manner that seeks to ensure the
preservation of capital in the overall portfolio. To attain this objective, diversification is
required in order that potential losses on individual securities do not exceed the income
generated from the remainder of the portfolio.
5.2 Liquidity:
The City of Huntington's Beach's investment portfolio will remain sufficiently liquid to
enable the City of Huntington Beach to meet all operating requirements which might be
reasonably anticipated and to maintain compliance with any indenture agreement, as
applicable. Liquidity is essential to the safety of principal. Furthermore, since all
possible cash demands cannot be anticipated, the portfolio will invest primarily in
securities with active secondary and resale markets.
5.3 Return on Investments:
The City of Huntington Beach's investment portfolio shall be designed with the objective
of attaining a market-average rate of return throughout budgetary and economic cycles
(market interest rates), within the City of Huntington Beach's investment policy's risk
parameters and the cash flow needs of the City. See also Section 17.0.
6.0 Investment Advisory Board:
By City Charter, the City Treasurer is the custodian of all public funds of the City of
Huntington Beach. The City Council may appoint Huntington Beach residents,
professional, and non professional people, to serve on an Investment Advisory Board for
the purpose of advising the City Treasurer on the City's investment program and at least
quarterly, review the investment portfolio for compliance with the adopted investment
policy.
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Item 4. - 9 HB -88-
7.0 Delegation of Authority:
In accordance with the State of California Government Code § 53607, the City Council
delegates investment authority to the City Treasurer for a period of one year and such
investment authority must be renewed annually. Adoption of this policy constitutes
delegation of investment authority to the City Treasurer for the following year unless
revoked in writing. Within the City Treasurer's office, the responsibility for the day to
day investment of the City funds will be the City Treasurer and is delegated to the Deputy
City Treasurer in the absence of the City Treasurer. The City Treasurer shall be
responsible for all transactions undertaken and shall establish a system of controls to
regulate the activities of subordinate officials.
8.0 Ethics and Conflicts of Interest:
In addition to state and local statutes relating to conflicts of interest, all persons involved
in the investment process shall refrain from personal business activity that could conflict
with proper execution of the investment program, or which could impair their ability to
make impartial investment decisions. Employees and investment officers are required to
file annual disclosure statements as required for "public officials who manage public
investments" (as defined and required by the Political Reform Act and related
regulations, being Government Code Sections 81000 and the Fair Political Practices
Commission (FFPC)).
9.0 Authorized Financial Dealers and Institutions:
The City Treasurer will maintain a list of the financial institutions and broker/dealers
authorized to provide investment and depository services and will perform an annual
review of the financial condition and registrations of qualified bidders and require annual
audited financial statements to be on file for each company. The City will utilize
Moody's Securities, Sheshunoff bank and savings and loan ratings, or other such services
to determine financially sound institutions with which to do business. The City shall
annually send a copy of the current investment policy to all financial institutions and
broker/dealers approved to do business with the City.
As far as possible, all money belonging to, or in the custody of, a local agency, including
money paid to the City Treasurer or other official to pay the principal, interest, or
penalties of bonds, shall be deposited for safekeeping in state or national banks, savings
5
Hs -89- Item 4. - 10
associations, federal associations, credit unions, or federally insured industrial loan
companies in this state selected by the City Treasurer that are qualified public
depositories; or may be invested in the investments set forth in Section 10.0. To be
eligible to receive local agency money, a bank, savings association, federal association,
or federally insured industrial loan company shall have received an overall rating of not
less than "satisfactory" in its most recent evaluation by the appropriate federal financial
supervisory agency of its record of meeting the credit needs of California's communities,
including low- and moderate-income neighborhoods.
To provide for the optimum yield in the investment of city funds, the city's investment
procedures shall encourage competitive bidding on transactions from approved
brokers/dealers. In order to be approved by the city, the dealer must be a "primary"
dealer or regional dealer that qualifies under Securities and Exchange Commission Rule
15C3-1 (Uniform Net Capitol Rule). The institution must have an office in California.
The dealer must be experienced in institutional trading practices and familiar with the
California Government Code as related to investments appropriate for the city; and, other
criteria as may be established in the investment procedures. All broker/dealers and
financial institutions who desire to become qualified bidders for investment transactions
must submit a "Broker/Dealer Application" and related documents relative to eligibility
including a current audited annual financial statement, U4 form for the broker, proof of
state registration, proof of National Association of Securities Dealers certification and a
certification of having read and understood the City's investment policy and agreeing to
comply with the policy. The City Treasurer shall determine if they are adequately
capitalized (i.e. minimum capital requirements of $10,000,000 and five years of
operation).
6
Item 4. - 11 HB -90-
10.0 Authorized & Suitable Investments: The City is authorized by California
Government Code Section 53600, et. seq, to invest in specific types of securities.
Investments not specifically listed below are deemed inappropriate and prohibited:
A. BANKERS ACCEPTANCES, maximum 25% of portfolio (up to 40%with
Council approval). Maximum term 180 days.
Banks must have a short term rating of at least Al/Pi and a long-term rating of A or higher as
provided by Moody's Investors Service or Standard and Poor's Corp. No more than 30 percent of
the agency's money may be invested in the bankers acceptances of any one commercial bank
pursuant to this section.
B. NEGOTIABLE CERTIFICATES OF DEPOSIT, maximum 30% of portfolio.
Maximum term three (3)years, (Up to five(5)years with Council approval).
Banks must have a short term rating of A1/P I and a long term rating of at least a single A from a
nationally recognized authority on ratings.
C. COMMERCIAL PAPER, maximum 25% of portfolio. Maximum term 270
days.
Commercial paper of"prime" quality of the highest ranking or of the highest letter and number
rating as provided for by a nationally recognized statistical-rating organization(NRSRO). The
entity that issues the commercial paper shall meet all of the following conditions in either
paragraph(1)or paragraph(2):
(1)The entity meets the following criteria:
(A)Is organized and operating in the United States as a general corporation.
(B)Has total assets in excess of five hundred million dollars($500,000,000).
(C)Has debt other than commercial paper, if any,that is rated"A" or higher by a nationally
recognized statistical-rating organization(NRSRO).
(2)The entity meets the following criteria:
(A)Is organized within the United States as a special purpose corporation, trust, or limited
liability company.
(B) Has programwide credit enhancements including, but not limited to,
overcollateralization,letters of credit,or surety bond.
(C) Has commercial paper that is rated "A-1" or higher, or the equivalent, by a nationally
recognized statistical-rating organization(NRSRO).
Split ratings (i.e. A2/P1) are not allowable. No more than 10 percent of the outstanding
commercial paper of any single corporate issue may be purchased.
D. BONDS ISSUED BY THE CITY OR ANY LOCAL AGENCY
WITHIN THE STATE OF CALIFORNIA OR ANY OF THE OTHER 49
UNITED STATES.
Bonds must have an"A"rating or better.
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xB -9 1- Item 4. - 12
E. OBLIGATIONS OF THE UNITED STATES TREASURY
United States Treasury Notes, bonds, bills or certificates of indebtedness, or those for which the
faith and credit of the United States are pledged for the payment of principal and interest. There is
no limit on the percentage of the portfolio that can be invested in this category.
F. FEDERAL AGENCIES
Debt instruments issued by agencies of the Federal government. Though not general obligations
of the U.S. Treasury,such securities are sponsored by the government or related to the government
and,therefore,have high safety ratings. The following are authorized Federal Intermediate Credit
Bank (FICB's), Federal Land Bank (FLB's), Federal Home Loan Bank (FHLB's), Federal
National Mortgage Association (FNMA's), Federal Home Loan Mortgage Corporation
(FHLMC's), Government National Mortgage Association (GNMA's), Tennessee Valley
Authorities (TVA's), Student Loan Association Notes (SLMA's) and Small Business
Administration(SBA's). There is no limit on the percentage of the portfolio that can be invested
in this category.
G. REPURCHASE AGREEMENT, maximum term 3 months.
Investments in repurchase agreements may be made,on any investment authorized in this section,
when the term of the agreement does not exceed 3 months.
A Master Repurchase Agreement must be signed with the bank or broker/dealer who is selling the
securities to the City.
H. REVERSE-REPURCHASE AGREEMENTS (Requires City Council
approval for each transaction)
Reverse repurchase agreements or securities lending agreements may be utilized only when all of
the following conditions are met:
(A)The security to be sold on reverse repurchase agreement or securities lending agreement has
been owned and fully paid for by the local agency for a minimum of 30 days prior to sate.
(B) The total of all reverse repurchase agreements and securities lending agreements on
investments owned by the local agency does not exceed 20 percent of the base value of the
portfolio.
(C) The agreement does not exceed a term of 92 days, unless the agreement includes a written
codicil guaranteeing a minimum earning or spread for the entire period between the sale of a
security using a reverse repurchase agreement or securities lending agreement and the final
maturity date of the same security.
(D) Funds obtained or funds within the pool of an equivalent amount to that obtained from
selling a security to a counterparty by way of a reverse repurchase agreement or securities tending
agreement,shall not be used to purchase another security with a maturity longer than 92 days fiom
the initial settlement date of the reverse repurchase agreement or securities lending agreement,
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Item 4. - 13 NB _92_
unless the reverse repurchase agreement or securities lending agreement includes a written codicil
guaranteeing a minimum earning or spread for the entire period between the sale of a security
using a reverse repurchase agreement or securities lending agreement and the final maturity date
of the same security.
Investments in reverse repurchase agreements, securities lending agreements, or similar
investments in which the local agency sells securities prior to purchase with a simultaneous
agreement to repurchase the security shall only be made with primary dealers of the Federal
Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a
significant banking relationship with a local agency.
(A)For purposes of this chapter, "significant banking relationship" means any of the following
activities of a bank:
(i)Involvement in the creation, sale, purchase,or retirement of a local agency's bonds,warrants,
notes,or other evidence of indebtedness.
(ii)Financing of a local agency's activities.
(iii)Acceptance of a local agency's securities or funds as deposits.
I. MEDIUM-TERM CORPORATE NOTES, maximum 20% of portfolio (30%
with Council approvaI), with a maximum remaining maturity
of five years or less.
Notes eligible for investment shall be "A" rated or its equivalent or better as determined by a
nationally recognized rating service.
J. TIME DEPOSITS-CERTIFICATES OF DEPOSIT (non-negotiable
certificates of deposit) (Maximum of 3 years)
Deposits must be made with banks or savings&loan that have a short term rating of A1/P1 or a
long term rating of at least a single A from a generally recognized authority on ratings.
K OBLIGATIONS OF THE STATE OF CALIFORNIA
Obligations must be"A"rated or better from a nationally recognized authority on ratings.
L. MONEY MARKET FUNDS, maximum 15% of portfolio.
No more than 10 percent of the agency's surplus funds may be invested in shares of beneficial
interest of any one Money Market fund. Local agencies may invest in "shares of beneficial
interest" issued by diversified management companies which invest only in direct obligations in
US Treasury bills,notes and bonds,U.S.Government Agencies and repurchase agreements with a
weighted average of 60 days or less. They must have the highest rating from at least two
nationally recognized statistical-rating organizations (NRSRO), must maintain a daily principal
per share value of$1.00 per share and distribute interest monthly, and must have a minimum of
$500 million in assets under management. The purchase price of the shares may not include
commission.
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HB -93- Item 4. - 14
M. THE LOCAL AGENCY INVESTMENT FUND (LAIF)
Is a special fund of the California State Treasury through which any local government may pool
investments. The city may invest up to $60,000,000 in this fund. Currently, the city has
established two(2)agency funds through which the Treasurer may invest the unexpended cash for
all funds: The City of Huntington Beach City Fund, and the Huntington Beach Redevelopment
Agency Funds. Investments in LAIF are highly liquid and may be converted to cash within 24
hours.
10.1 Investment Pools/Money Market funds:
The City Treasurer or designee shall be required to investigate all local government
investment pools and money market mutual funds prior to investing and performing at
least a quarterly review thereafter while the City is invested in the pool or the money
market fund. LAIF is authorized under provisions in Section 16429.1 of the California
Government Code as an allowable investment for local agencies even though some of the
individual investments of the pool are not allowed as a direct investment by a local
agency.
11.0 Portfolio Adjustments:
Should any investment listed in section 10.0 exceed a percentage-of-portfolio limitation
due to an incident such as fluctuation in portfolio size, the affected securities may be held
to maturity to avoid losses. When no loss is indicated, the Treasurer shall consider
reconstructing the portfolio basing his/her decision on the expected length of time the
portfolio will be unbalanced. If this occurs, the City Council shall be notified.
12.0 Collateralization:
Under provisions of the California Government Code, California banks, and savings and
loan associations are required to secure the city's deposits by pledging government
securities with a value of 110 % of principal and accrued interest. California law also
allows financial institutions to secure city deposits by pledging first trust deed mortgage
notes having a value of 150% of city's total deposits. Collateral will always be held by
an independent third party. A clearly marked evidence of ownership (safekeeping
receipt) must be supplied to the city and retained. The market value of securities that
underlay a repurchase agreement shall be valued at 102 percent or greater of the funds
borrowed against those securities and the value shall be adjusted no less than quarterly.
Since the market value of the underlying securities is subject to daily market fluctuations,
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Item 4. - 15 1413 -94-
the investments in repurchase agreements shall be in compliance if the value of the
underlying securities is brought back up to 102 percent no later than the next business
day. The City Treasurer, at his/her discretion, may waive the collateral requirement for
deposits that are fully insured (current limit is $250,000) by the Federal Deposit
Insurance Corporation. The right of collateral substitution is granted. The City Treasurer
or designee shall ensure that all demand deposits that exceed the FDIC limit (currently
$250,000) shall be fully collateralized with securities authorized under state law and this
Investment Policy.
13.0 Safekeeping and Custody:
All city investments shall have the City of Huntington Beach as its registered owner, and
all interest and principal payments and withdrawals shall indicate the City of Huntington
Beach as the payee. All securities will be held with a qualified financial institution,
contracted by the city as a third party custodian with a separate custodial agreement(does
not apply to insured Certificates of Deposit, money market funds, or the Local Agency
Investment Fund). All agreements and statements will be subject to review annually by
external auditors in conjunction with their audit. All securities shall be acquired by the
safekeeping institution on a "Delivery-Vs-Payment" (DVP) basis. For Repurchase
Agreements, the purchase may be delivered by book entry, physical delivery or by third-
party custodial agreement consistent with the Government Code. The transfer of
securities to the counterparty bank's customer book entry account may be used for book
entry delivery. The City Treasurer or designee shall require a Broker Trade confirmation
for all trades.
14.0 Diversification:
The city's investment portfolio will be diversified to avoid incurring unreasonable and
avoidable risks associated with concentrating investments in specific security types,
maturity segment, or in individual financial institutions. With the exception of U.S.
Treasury securities, Government Sponsored Agencies and authorized pools no more than
50% of the investment portfolio will be invested in a single security type or with a single
financial institution. In addition, no more than 10% of the investment portfolio shall be
in securities of any one issuer except for U.S. Treasuries and US Government Agency
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HB -95- Item 4. - 16
issues. Investments may be further limited by specific language relating to each type as
state in Section 10.0 of the Policy.
A. Credit risk, defined as the risk of loss due to failure of the insurer of a security, shall
be mitigated by investing in those securities with an "A" or above rating and
approved in the investment policy and by diversifying the investment portfolio so that
the failure of any one issuer would not unduly harm the city's cash flow.
B. Market risk, defined as the risk of market value fluctuations due to overall changes
in the general level of interest rates, shall be mitigated by structuring the portfolio so
that securities mature at the same time that major cash outflows occur, thus
eliminating the need to sell securities prior to their maturity. It is explicitly
recognized herein, however, that in a diversified portfolio, occasional measured
losses are inevitable and must be considered within the context of overall investment
return. The city's investment portfolio will remain sufficiently liquid to enable the
city to meet all operating requirements which might be reasonably anticipated.
15.0 Maximum Maturities:
To the extent possible, the City of Huntington Beach will attempt to match its
investments with anticipated cash flow requirements. Unless matched to a specific cash
flow, the city will not directly invest in securities maturing more than five (5) years from
the date of purchase, unless, the legislative body has granted express authority to make
that investment either specifically, or as a part of an investment program approved by the
City Council.
16.0 Internal Control:
The City Treasurer shall establish a system of internal controls designed to prevent loss
of public funds due to fraud, employee error, misrepresentation by third parties, or
unanticipated market changes. No investment personnel may engage in an investment
transaction except as provided for under the terms of this policy and the procedure
established by the City Treasurer.
The external auditors shall annually review the investments with respect to the
investment policy. This review will provide internal control by assuring compliance with
policies and procedures for the investments that are selected for testing. Additionally,
account reconciliation and verification of general ledger balances relating to the
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Item 4. - 17 HB -96-
purchasing or maturing of investments and allocation of interest on investments to fund
balances shall be performed by the Finance Department and approved by the City
Treasurer. To provide further protection of city funds, written procedures prohibit the
wiring of any city funds without the authorization of at least two of the four designated
city officials:
1. City Treasurer
2. Deputy City Treasurer
3. Director of Finance
4. Budget Manager
17.0 Performance Standards:
This investment policy shall be reviewed at least annually by the Investment Advisory
Board and the City Council 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. All financial assets of all other funds shall be
administered in accordance with the provisions of this policy.
The moneys entrusted to the City Treasurer will be a passively managed portfolio.
However, the City Treasurer will make best efforts to observe, review, and react to
changing conditions that affect the portfolio.
17.1 Market Yield (Benchmark):
The investment portfolio shall be managed to attain a market-average rate of return
throughout budgetary and economic cycles, taking into account the city's investment risk
constraints and cash flow. Investment return becomes a consideration only after the basic
requirements of investment safety and liquidity have been met. Because the investment
portfolio is designed to operate on a `hold-to-maturity' premise (or passive investment
style) and because of the safety, liquidity, and yield priorities, the performance
benchmark that will be used by the Treasurer to determine whether market yields are
being achieved shall be the average of the monthly LAW rate and the 12-month rolling
average 2-Year Constant Maturity Treasury (CMT) rate. However, since return on
investment is the least important objective of the Investment Portfolio, the benchmark
will be used only as a reference tool. The reporting of a benchmark does not imply that
the City Treasurer will add additional risk to the Investment Portfolio in order to attain or
13
HB -97- Item 4. - 18
exceed the benchmark. While the city will not make investments for the purpose of
trading or speculation as the dominant criterion, the City Treasurer shall seek to enhance
total portfolio return by means of ongoing portfolio and cash management. The
prohibition of highly speculative investments precludes pursuit of gain or profit through
unusual risk and precludes investments primarily directed at gains or profits from
conjectural fluctuations in market prices. The City Treasurer will not directly pursue any
investments that are leveraged or deemed derivative in nature. However, as long as the
original investments can be justified by their ordinary earning power, trading in response
to changes in market value can be used as part of ongoing portfolio management.
18.0 Reporting:
The City Treasurer shall submit a quarterly report to the City Council, City
Administrator, and Director of Finance and the Investment Advisory Board within 30
days following the end of the quarter. The City Treasurer intends to submit reports
monthly. This report will include the following elements pursuant to State law and
Government Accounting Standard Board(GASB)#40:
18.1 Type of investment
18.2. Institution/Issuer
18.3 Purchase Date
18.4 Date of maturity
18.5 Amount of deposit or cost of the investment
18.6 Face value of the investment
18.7 Current market value of securities and source of valuation
18.8 Rate of interest
18.9 Interest earnings
18.10 Statement relating the report to its compliance with the Statement of Investment
Policy or the manner in which the portfolio is not in compliance
18.11 Statement on availability of funds to meet the next six month's obligations
18.12 Monthly and Year to date City Treasurer Budget Amounts for Interest Income
18.13 Percentage of Portfolio by Investment Type
18.14 Days to Maturity for all Investments
18.15 Comparative report on Monthly Investment Balances &Interest Yields
14
Item 4. - 19 HB -98-
18.16 Monthly transactions
This quarterly report shall be placed on the City Council Agenda for Council and public
review. In addition, a commentary on capital markets and economic conditions may be
included with the report.
19.0 Investment Policy Adoption:
By virtue of a resolution of the City Council of the City of Huntington Beach, the
Council shall acknowledge the receipt and filing of this annual statement of investment
policy for the respective fiscal year.
15
HB -99- Item 4. - 20
GLOSSARY
AGENCIES: Federal agency securities.
ASKED: The price at which securities are offered. (The price at which a firm will sell a
security to an investor.)
BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or
trust company. The accepting institution guarantees payment of the bill, as well as the
issuer. The drafts are drawn on a bank by an exporter or importer to obtain funds to pay
for specific merchandise. An acceptance is a high grade negotiable instrument.
BASIS POINT: One one-hundredth of a percent(i.e. 0.01%)
BENCHMARK: A comparative base for measuring the performance or risk tolerance of
the investment portfolio. A benchmark should represent a close correlation to the level of
risk and the average duration of the porfolio's investments.
BID: The price offered by a buyer of securities. (When you are selling securities, you
ask for a bid.)
BROKER: A broker brings buyers and sellers together for a commission. He does not
take a position.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity
evidenced by a certificate. Large-denomination CD's are typically negotiable.
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.
16
Item 4. - 21 1113 -100-
COMMERCIAL PAPER: Short term unsecured promissory note issued by a
corporation (including. limited liability companies) to raise working capital. These
negotiable instruments are purchased at a discount to par value or at par value with
interest bearing. Commercial paper is issued by corporations such as General Motors
Acceptance Corporation, IBM, Bank of America, etc.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual
report for the City. It includes combined 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.
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.
DEBENTURE: A bond secured only by the general credit of the issuer.
DELIVERY VERSUS PAYMIENT: There are two methods of delivery of securities:
delivery versus payment and delivery versus receipt. 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.
DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived
from, the movement of one or more underlying index or security, and may include a
leveraging factor, or (2) financial contracts based upon notional amounts whose value is
derived from an underlying index or security (intrest rates, foreign exchange rates,
equities or commodities).
17
HB -101- Item 4. - 22
DISCOUNT: The difference between the cost price of a security and its 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.US Treasury Bills).
DIVERSIFICATION: Dividing investment funds among a variety of securities offering
independent returns.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to
supply credit to various classes of institutions (e.g. S&L's, Small business firms,
students, farmers, farm cooperatives, and exporters).
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency
that insures bank deposits, currently up to$250,000 per deposit.
FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This
rate is currently pegged by the Federal Reserve though open-market operations.
FEDERAL HOME LOAN BANKS (FHL,B): The institutions that regulate and lend to
savings and loan associations. The Federal Home Loan Banks play a role analogous to
that played by the Federal Reserve Banks vis-a-vis member commercial banks.
FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC): Created to
promote the development of a nationwide secondary market in mortgages. It does this by
purchasing residential mortgages from financial institutions insured by an agency of the
federal government and selling its interest in them through mortgage backed securities.
The interest and principal payments from the mortgages pass through to the investors
either monthly, semiannually or annually.
18
Item 4. - 23 HB -102-
FEDERAL INTERMEDIATE CREDIT BAND(FICB): Loans to lending institutions
used to finance the short term and intermediate needs of farmers, such as seasonal
production.
FEDERAL LAND BAND (FLB): Long term mortgage credit provided to farmers by
Federal Land Banks. These bonds are issued at irregular times for various maturities
ranging from a few months to ten years.
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 and Urban Development (HUD). 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 corporation's purchases include a variety of
adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA's
securities are highly liquid and are widely accepted. FNMA assumes and guarantees that
all security holders will receive timely payment of principal and interest.
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 5700 commercial banks are member of the system.
19
HB -103- Item 4. - 24
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA OR
GINNIE MAE): Securities influencing the volume of bank credit guaranteed by GNMA
and issued by mortgage bankers, commercial banks, savings and loan association's and
other institutions. Security holder is protected by full faith and credit of the US
Government. Ginnie Mae securities are backed by the FHA, VA or FMHM mortgages.
The term"pass-through" 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 GOVERNMENT INVESTMENT POOL (LGIP): the aggregate of all funds
from political subdivisions that are placed in the custody of the State Treasurer for
investment and reinvestment.
N AREET VALUE: The price at which a security is trading and could presumable be
purchased or sold.
MASTER REPURCHASE AGREEMENT: A written contract covering all future
transactions between the parties to repurchase-reverse agreements that establish each
parry'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 MARKF,T: The market in which short-term debt instruments (bills,
commercial paper, bankers' acceptances, etc.) are issued and traded.
20
Item 4. - 25 HB -104-
NEGOTIABLE CERTIFICATES OF DEPOSIT: Unsecured obligations of the
financial institution, bank or savings and loan, bought at par value with the promise to
pay face value plus accrued interest at maturity. They are high-grade negotiable
instruments, paying a higher interest rate than regular certificates of deposit.
OFFER: The price asked by a seller of securities. (When you are buying securities, you
ask for an offer.) See "Asked" and"Bid".
OPEN 1VIARKET 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.
PR><1VIARY DEALER: A group of government securities dealers who submit daily
reports of market activity and positions and monthly financial statements to the federal
Reserve 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.
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 custody state—the so-called "legal list". In other states, the trustee may invest in a
security if it is one that would be bought by a prudent person of discretion and
intelligence who is seeking a reasonable income and preservation of capital.
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
21
HB -105- Item 4. - 26
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.
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, the
current income return.
REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these
securities to an investor with an agreement to repurchase them at 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 position. 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.
STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB,
FNMA, FHLMC, etc.) and Corporations, which have imbedded option (e.g. call features,
step-up coupons, floating rate coupons, derivative-based returns) into their debt structure.
Their market performance is impacted by the fluctuation of interest rates, the volatility of
the imbedded options and shifts in the shape of the yield curve.
SECONDARY MARKET: A market made for the purchase and sale of outstanding
issues following the initial distribution.
SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to
protect investors in securities transactions by administering securities legislation.
22
Item 4. - 27 HB -106-
SEC RULE 15C3-1: See"Uniform Net Capital Rule".
SMALL BUSINESS ADMINISTRATION (SBA): The portion of these securities
which are guaranteed by Federal government to provide financial assistance through
direct loans and loan guarantees to small businesses. Cash flows from these instruments
may not be in equal installments because of prepayments.
STUDENT LOAN ASSOCIATION NOTES (SALLIE MAE): A US Corporation and
instrumentality of the US Government. Through its borrowings, funds are targeted for
loans to students in higher education institutions. SLMA's securities are highly liquid
and are widely accepted.
TENNESSEE VALLEY AUTHORITIES (TVA): A US 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 US
Treasury to finance the national debt. Most bills are issued to mature in three months, six
months,or one year.
TREASURY BOND: Long-term US Treasury securities having initial maturities of
more than 10 years.
TREASURY NOTES: Intermediate-term coupon bearing US Treasury having initial
maturities of from one year to ten years.
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,
23
H13 -107- Item 4. - 28
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.
Y1ELD: 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.
24
Item 4. - 29 xB -108-
ATTACHMENT #3
GOVERNMENT CODE
SECTION 16429.1-16429.4
16429.1. (a) There is in trust in the custody of the Treasurer the
Local Agency Investment Fund, which fund is hereby created. The
Controller shall maintain a separate account for each governmental
unit having deposits in this fund.
(b) Notwithstanding any other provisions of law, a local
governmental official, with the consent of the governing body of that
agency, having money in its treasury not required for immediate
needs, may remit the money to the Treasurer for deposit in the Local
Agency Investment Fund for the purpose of investment.
(c) Notwithstanding any other provisions of law, an officer of any
nonprofit corporation whose membership is confined to public
agencies or public officials, or an officer of a qualified
quasi-governmental agency, with the consent of the governing body of
that agency, having money in its treasury not required for immediate
needs, may remit the money to the Treasurer for deposit in the Local
Agency Investment Fund for the purpose of investment.
(d) Notwithstanding any other provision of law or of this section,
a local agency, with the approval of its governing body, may deposit
in the Local Agency Investment Fund proceeds of the issuance of
bonds, notes, certificates of participation, or other evidences of
indebtedness of the agency pending expenditure of the proceeds for
the authorized purpose of their issuance. In connection with these
deposits of proceeds, the Local Agency Investment Fund is authorized
to receive and disburse moneys, and to provide information, directly
with or to an authorized officer of a trustee or fiscal agent engaged
by the local agency, the Local Agency Investment Fund is authorized
to hold investments in the name and for the account of that trustee
or fiscal agent, and the Controller shall maintain a separate account
for each deposit of proceeds.
(e) The local governmental unit, the nonprofit corporation, or the
quasi-governmental agency has the exclusive determination of the
length of time its money will be on deposit with the Treasurer.
(f) The trustee or fiscal agent of the local governmental unit has
the exclusive determination of the length of time proceeds from the
issuance of bonds will be on deposit with the Treasurer.
(g) The Local Investment Advisory Board shall determine those
quasi-governmental agencies which qualify to participate in the Local
Agency Investment Fund.
(h) The Treasurer may refuse to accept deposits into the fund if,
in the judgment of the Treasurer, the deposit would adversely affect
the state ' s portfolio.
(i) The Treasurer may invest the money of the fund in securities
prescribed in Section 16430. The Treasurer may elect to have the
money of the fund invested through the Surplus Money Investment Fund
as provided in Article 4 (commencing with Section 16470) of Chapter 3
of Part 2 of Division 4 of Title 2 .
Item 4. - 31 HB -110-
(j ) Money in the fund shall be invested to achieve the objective
of the fund which is to realize the maximum return consistent with
safe and prudent treasury management.
(k) All instruments of title of all investments of the fund shall
remain in the Treasurer's vault or be held in safekeeping under
control of the Treasurer in any federal reserve bank, or any branch
thereof, or the Federal Home Loan Bank of San Francisco, with any
trust company, or the trust department of any state or national bank.
(1) Immediately at the conclusion of each calendar quarter, all
interest earned and other increment derived from investments shall be
distributed by the Controller to the contributing governmental units
or trustees or fiscal agents, nonprofit corporations, and
quasi-governmental agencies in amounts directly proportionate to the
respective amounts deposited in the Local Agency Investment Fund and
the length of time the amounts remained therein. An amount equal to
the reasonable costs incurred in carrying out the provisions of this
section, not to exceed a maximum of 5 percent of the earnings of this
fund and not to exceed the amount appropriated in the annual Budget
Act for this function, shall be deducted from the earnings prior to
distribution. The amount of this deduction shall be credited as
reimbursements to the state agencies, including the Treasurer, the
Controller, and the Department of Finance, having incurred costs in
carrying out the provisions of this section.
(m) The Treasurer shall prepare for distribution a monthly report
of investments made during the preceding month.
(n) As used in this section, "local agency, " "local governmental
unit, " and "local governmental official" includes a campus or other
unit and an official, respectively, of the California State
University who deposits moneys in funds described in Sections 89721,
89722, and 89725 of the Education Code.
16429. 2 . There is created the Local Investment Advisory Board
consisting of five members. The chairman shall be the State Treasurer
or his or her designated representative. Two members who are
qualified by training and experience in the field of investment or
finance, shall be appointed by the State Treasurer. Two members who
are treasurers, finance or fiscal officers or business managers,
employed by any county, city or local district or municipal
corporation of this state, shall be appointed by the Treasurer.
The term of office of each appointed member of the board is two
years, but each appointed member serves at the pleasure of the
appointing authority. A vacancy in the appointed membership,
occurring other than by expiration of term, shall be filled in the
same manner as the original appointment, but for the unexpired term
only.
Members of the board who are not state officers or employees shall
not receive a salary, but shall be entitled to a per diem allowance
of fifty dollars ($50) for each day's attendance at a meeting of the
board, not to exceed three hundred dollars ($300) in any month. All
members shall be entitled to reimbursement for expenses incurred in
the performance of their duties under this part, including travel and
xB -] I]- Item 4. - 32
other necessary expenses.
The board' s primary purpose shall be to advise and assist the
State Treasurer in formulating the investment and reinvestment of
moneys in the Local Agency Investment Fund, and the acquisition,
retention, management, and disposition of investments of the fund.
The board, from time to time, shall review those policies and advise
therein as it considers necessary or desirable. The board shall
advise the State Treasurer in the management of the fund and consult
the State Treasurer on any matter relating to the investment and
reinvestment of moneys in the fund.
16429.3 . Moneys placed with the Treasurer for deposit in the Local
Agency Investment Fund by cities, counties, special districts,
nonprofit corporations, or qualified quasi-governmental agencies
shall not be subject to either of the following:
(a) Transfer or loan pursuant to Sections 16310, 16312, or 16313 .
(b) Impoundment or seizure by any state official or state agency.
16429.4. The right of a city, county, city and county, special
district, nonprofit corporation, or qualified quasi-governmental
agency to withdraw its deposited moneys from the Local Agency
Investment Fund, upon demand, may not be altered, impaired, or
denied, in any way, by any state official or state agency based upon
the state's failure to adopt a State Budget by July 1 of each new
fiscal year.
Item 4. - 33 HB -1.12-
ATTACHMENT #4
RESOLUTION NO. 2012-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
DESIGNATING THE CITY COUNCIL AS THE SUCCESSOR AGENCY UNDER PART
1.85 OF DIVISION 24 OF THE HEALTH AND SAFETY CODE SUBJECT TO
RESERVATIONS HEREIN STATED
WHEREAS, the City of Huntington Beach formed the ' Huntington Beach
Redevelopment Agency ("Agency'), which has continuously engaged in redevelopment
activities under the Community Redevelopment Law(Health and Safety Code sections 33000 et
seq.);and
By enactment of Part 1.85 of Division 24 of the Health and Safety Code, subject to all
reservations herein stated, the Agency, is subject to dissolution on February 1, 2012 such that
the Agency shall be deemed as a former redevelopment agency under Health and Safety Code
section 34173(a);and
Health and Safety Code section 34173(a) designates successor agencies as successor
entities to former redevelopment agencies;and
The City Council of the City of Huntington Beach desires to declare itself as the
successor agency upon the dissolution of the Agency, subject to all reservations herein stated;
and
The City Council of the City of Huntington Beach hereby desires to adopt this
Resolution, subject to the express reservation of rights of the City of Huntington Beach and
Agency under law and/or equity, including without limitation the effectiveness of Assembly Bill
No.26(2011-2012 1"Ex. Sess.)("AB ix 26"),collectively,"Laws;"and
The City Council does not intend, by adoption of this resolution, to waive any
constitutional and/or legal rights under law and/or equity, including without limitation the
effectiveness of AB 1x 26, by virtue of the adoption of this Resolution and,therefore, reserves
all of its rights under Laws to challenge the applicability of AB I 26 to the Agency and/or the
City of Huntington Beach in any administrative or judicial proceeding;and
All other legal prerequisites to the adoption of this Resolution have occurred;and
The City Council of the City of Huntington Beach hereby finds and determines that the
foregoing recitals are true and correct.
NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby resolve
as follows:
1. Subject to all reservations herein stated, the City of Huntington Beach hereby
elects to become the successor agency under Health and Safety Code section 34173(a) and
implement all duties of successor agencies under Part 1.85 of Division 24 of the Health and
Safety Code.
- 1 — `
12-3165n4603
Item 4. - 35 HB -114-
Resolution No. 2012- 01
2. The City Manager or his/her designee is hereby authorized to administer the
responsibilities of the City of Huntington Beach under Part 1.85 of Division 24 of the Health
and Safety Code.
3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach t a
regular meeting thereof held on the 91:h day January 12
Mayor
REVI AND APPROVED: INITIATED AND APPROVED:
Gy
11,11
ger Director of EconomicDevelopment
APED AS TO FORM:
rney ow- i-kA -
-2—
12-3165/7 M
HB -115- —Item 4. - 36
Res. No. 2012-01
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that"the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Special meeting thereof held on January 09, 2012 by the following vote:
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
Cy Clerk and ex-officicQlerk of the
City Council of the City of
Huntington Beach, California
Item 4. - 37 HB -1 16-