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Item 18 - Status Report on Pending Legislation ,(J~ 4GENDA REPORT SUMMARY - INITIATED BY: Honorable Mayor and Members of the City Council James L. Bowersox, City Man~ John D, Fitch, Assistant City Manager~ Penny Riley, Senior Management Analy~ TO: FROM: DATE: May 2, 1995 SUBJECI': Status Report on Pending Legislation ABSTRACI' The League of California Cities has informed the City of the following measures which are pending in the State Legislature: SB 27 and SB 14XX(Kopp) Prohibiting Specified Investment Securities; SB 44 and SB 13XX (Kopp) Local Investments: Prohibition to Delegate Investment Authority; SB 117 (Lewis) Local Investments: Reporting Requirements; SB 564 (Johnston) Local Investments: Reporting Requirements; SB 861 (Craven) Local Investments: Delegation of Powers; SB 864 (Craven) Local Investments: County Treasury Oversight Committee; SB 866 (Craven) Local Investments: Terms of Notes; SB 867 (Craven) Local Investments: Repurchase and Reverse Repurchase Agreements SB 868 (Craven) Local Investments: Zero Interest Accrual Periods; AB 1865 and ACA 24 (Baldwin) Expenditure of Public Monies; AB 1392 (Conroy) Public Works; and SB 1073 (Costa) Housing Elements. ENVIRONMENTAL REVIEW - Environmental review is not required for this item under CEQA. FISCAL IMPACf - There is no fiscal impact associated with this informational report. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Assemblyman Jan Goldsmith; Senator David Kelley; Bob Wilson, the City's Lobbyist; and the League of California Cities were notified of this agenda item. RECOMMENDATION It is recommended that the City Council oppose.sJl..21 and SB 14XX; oppose SB 44 and SB 13XX; support..sH...111; support ~ support.sJiID; support.sß..ßM; support~; support.sß.Ml; support SB 868; oppose AB 1865 and ACA 24; oppose AB 1392; and oppose SB 1073, ACI'ION \reports\pnleg.sum 1 of 8 MAY 2 1995 ITEM 18 CITY OF POWAY AGENDA REPORT Thio -;, mcludc<l 00 !be C<xucntCakodo<. 11>= will be DO..".,." diJc...iœ of.... -prior to "1'1'"",01 by"" City Couacil...... memben of tho Couacil. otaff '" public ...- ~ to be """""'" from .... C<xucnt Cakodo<... diJc""'..".mdy. If you - to bavo tbio - poIIod ¡", diJc"..iœ. plou< roll out..... òndicatin¡¡.... - "wnher ODd tWO ~ to"" city Clod< pn... to"" bog""'" of.... City Couacil.......... TO: FROM: INITIATED BY: Honorable Mayor and Members of the City Council James L. Bowersox, City Man~ John 0, Fitch, Assistant Ci~anager~~ Penny Riley, Senior Management AnalYs~ DATE: SUBJECT: May 2, 1995 Status Report on Pending Legislation BACKGROUND The League of California Cities has informed the City of the following measures which are pending in the State Legislature: SB 27 and SB 14XX (Kopp) Prohibiting Specified Inyestment Securities; SB 44 and SB 13XX (Kopp) Local Investments: Prohibition to Delegate Investment Authority; SB 117 (Lewis) Local Inyestments: Reporting Requirements; SB 564 (Johnston) Local Inyestments: Reporting Requirements; SB 861 (Craven) Local Investments: Delegation of Powers; SB 864 (Crayen) Local Investments: County Treasury Oversight Committee; SB 866 (Craven) Local Investments: Terms of Notes; S8867 (Craven) Local Investments: Repurchase and Reverse Repurchase Agreements; SB 868 (Craven) Local Investments: Zero Interest Accrual Periods; AB 1865 and ACA 24 (Baldwin) Expenditure of Public Monies; AB 1392 (Conroy) Public Works; and SB 1073 (Costa) Housing Elements. FINDINGS .Local Investment Policies LeQislation BackGround On March 29 and 30, the Senate Local Government Committee held a two-day hearing on Orange County's Bankruptcy. The League offered the following written comments to members of the committee: The League, working in conjunction with the California Municipal Treasurers Association (CMTA) and the California Society of Municipal Finance Officers (CSMFO), has reviewed the preliminary report of the Senate Special Committee on Local Government Inyestment and the recommendations of the Investment Task Force of the State Treasurer. The League has significant concerns with legislation which focuses on micro-management of local inyestments rather than focusing on the basic principles of sound public investment practices. 2 of 8 MAY 2 1995 I 1£;.1.' 1 ö Agenda Report-Pending L~ýislation May 2, 1995 Page 2 The League has major concerns with the prohibition of specific investment securities. The inyestment policy of the local agency should be to avoid inyestment strategies with a high degree of risk, i.e., those which put principal and liquidity in jeopardy. It should be emphasized that "derivatives" are not inherently bad securities for public investors. Many derivatives can be used to reduce the risk of a portfolio. Examples would be yariable rate securities which are tied directly to short-term interest rates or purchase of futures to hedge the price of gasoline used by agencies which haye large automobile fleets. The League endorses the following recommendations of the Investment Task Force of the State Treasurer: 1. The local treasurer or chief fiscal officer should be required to annually submit a written investment policy to the legislative body of the local agency. Additionally, a quarterly report on the local agency's investment securities should be required. The use of leverage in local investment portfolios should be restricted by limiting reverse repurchase agreements used to buy securities to no more than 20 percent of the portfolio. 2. The League, CMTA and CSMFO would be willing and eager to work with the California Debt AdYisory Commission to develop enhanced continuing education programs for city financial managers, treasurers and elected officials in matters related to the inyestment of public funds. The League offers the following comments on the preliminary report of the Senate Special Committee on Local Government Investment: 3 of 8 3. 1. All local agencies should annually adopt written policy guidelines related to financial management and agree that the guidelines should stress, in order of importance: a) safety of principal; b) liquidity; and, c) yield. Debt issuance should be directly related to the entity's principal activity. The League also asserts, however, that borrowing for investment purposes under some circumstances is a valid, long-accepted practice and should not be prohibited. 2. 3. The issue of matching assets and liabilities is a long-held principle of financial management and portfolio management which would best be addressed through the adoption of inyestment policies which emphasize liquidity oyer yield. Local agency inyestment professionals should and must be held accountable for their actions. Shifting the responsibility from the investment officer to the broker-dealer would result in increased transaction costs to eyery local agency. 4. MAY 2 1995 ITEM 18 Agenda Report-Pending Legislation May 2, 1995 Page 3 5. The League agrees that the use of financial derivatives for "speculative purposes" is not a proper purpose for public inyestment. It is, however, very difficult to define this concept. It should be noted that any position taken by an investment official represents an opinion on interest rates in the future." The league, California Society of Municipal Finance Officers and the California Municipal Treasurers Association were represented at the hearing to proYide specific testimony on the various bills before the committee. The County Treasurer's Association and CSAC also offered similar testimony. Although these local officials presented testimony asking for a more reasonable approach to the issue, the committee approved all of the bills heard during the two-day hearing. The following bills were approyed by the committee and are now pending on the Senate Floor or in Senate Appropriations Committee. The League of California Cities recommends the following positions on the myriad of local investment policies legislation, SB 27 (Kopp) SB 14XX (Kopp) Local Investments: Prohibition of Soecified Investment Securities These two bills are identical, SB 27 and SB 14XX delete repurchase agreements and reyerse repurchase agreements from the list of authorized inyestments for local agencies. In addition, they prohibit inverse floaters, seyen-day floaters and leveraging, They provide that no inyestment by a local agency shall mature in over five years, even with the approval of the legislative body. The bill proYides public investment officials are "Unsophisticated Investors" and local agencies have the right to rescission for any investment transaction. This legislation would severely restrict the flexibility of financial managers to select appropriate financial instruments. It is recommended that the City Council oppose SB 27 and SB 14XX. SB 44 (Kopp) SB 13XX (Kopp) Local Investments: Prohibition to DeleQate Investment Authority: Requires Competitive Bids These two bills are identical. SB 44 and SB 13XX prohibit a local agency from delegating inyestment authority to a treasurer for more than one year at a time. In addition, they require negotiated competitive bidding or competitive bidding to retain any financial service, including bond counsel. Further, they require any decision involving investments or borrowing of $100,000 or more be considered as a separate item of business on the agenda of the local agency legislative body. It is in the best interest of any local agency to hire the most experienced consultant for financial services based on their qualifications, not just accept the lowest bid for seryices. It is recommended that the City Council oppose SB 44 and SB 13XX. 4 of 8 MAY 2 1995 ITEM 18 Agenda Report-Pending Legislation May 2, 1995 Page 4 SB 117 (Lewis) Local Investments: Reoortinq Reauirements SB 564 (Johnston) Local Inyestments: ReDortina Reauirements These bills require a local agency treasurer to file an annual investment policy with the legislative body. It also requires the treasurer to file a quarterly report on all securities, investments and moneys of the local agency; a statement of compliance with the inyestment policy; and a statement of the local agency's ability to meet the pool's expenditure requirements for the next six months. It is recommended that the City Council support SB 117 and S8 564 as a mechanism to strengthen reporting criteria. The following bills are a package of bills sponsored by the County Treasurer's Association: SB 861 (Craven) Local Investments: Deleqation of Powers This bill provides that local agencies and their treasurers are trustees and fiduciaries, which is a common structure for local agencies. It further allows goyerning boards to delegate the authority to inyest to the treasurer and the treasurer would assume full responsibility for those transactions until the governing board revokes its delegation. This legislation, coupled with increased reporting requirements for the Treasurer, will provide greater safeguards for public funds. It is recommended that the City Council support SB 861. SB 864 (Craven) Local Investments: County Treasurv OversiGht Committee This bill would require the County treasurer to prepare an annual inyestment policy and would require the County treasury oversight committee to review the report and to periodically monitor compliance with the adopted policy. It specifies the membership of the oyersight committee. It is recommended the City Council support SB 864. SB 866 (Craven) Local Investments: Investments May Not Exceed Terms of Notes This bill would prohibit local agencies from inyesting the proceeds from tax anticipation warrants, revenue anticipation notes and grant anticipation notes or funds set aside for the repayment of notes, for a term that exceeds the term of the notes. It i s recommended the City Council support SB 866 as a necessary measure to ensure that financial commitments do not force agencies to liquidate part of their portfolio securities at a loss to meet debt requirements. SB 867 (Craven) Local Investments: Limits on Reourchase and Reverse Reourchase Aqreements This bill would limit the inyestment in repurchase and reyerSe repurchase agreements to terms that do not exceed one year. It further requires the market value of the securities to be at least 102 percent or greater of the dollars invested and adjusted no less than quarterly. It is recommended the City Council support SB 867. 5 of 8 MAY 2 1995 ITEM 18 Agenda Report-Pending ~egislation May 2, 1995 Page 5 SB 868 (Craven) Local Investments: Zero Interest Accrual Periods This bill would prohibit local agencies from investing money in any security that could result in zero interest accrual periods. It is recommended the City Council support SB 868 as a mechanism to responsibly use derivatives as a valid and long-accepted security for public investors. AB 1865 and ACA 24 (Baldwin) Exoenditure of Public Monies - Constitutional Revisions and Amendments ACA 24 and its companion statutory measure AB 1865 were introduced February 24, 1995. These measures will enact procedures to permit registered voters within the jurisdiction of a public agency to require the agency to seek voter approval at an election before expending public funds to bring legal action to challenge constitutional amendments or reyisions preyiously approved at a statewide election, or attempt to prevent, by litigation, constitutional amendments or revisions from appearing on the statewide ballot. These measures have been introduced by the author to deal with public agencies that challenged and/or threatened to challenge the recently passed Proposition 187. A number of cities were concerned that they would be required to expend large amounts of public resources to implement a measure that may be unconstitutional. Also, the provisions of these proposals go far beyond the debate around Proposition 187, Local agencies would be subject to these limitations on any such measure, no matter how poorly drafted. Experience shows that many of these proposals are drafted with little or no input from the public agencies that are required to implement the laws or constitutional amendments passed through the initiatiye process. The Administrative Seryices Committee of the League voted this year to oppose these and other similar measures which would limit the ability of local goyernment to challenge or litigate poorly thought out constitutional reyisions or amendments introduced in the Legislature. It is recommended that the City Council oppose AB IB65 and ACA 24. AB 1392 (Conroy) - Public Works. Force Accounts. Mandate Assemblymember Conroy introduced AB 1392 on February 24, 1995, which specifies that where plans and specifications have been prepared for a public project to be put out for formal or informal bid, and the appropriate department subsequently elects to perform the work by in-house labor, the department shall perform the work in strict accordance with the plans and specifications originally produced for bid. This intentionally rigid standard is aimed at making it as difficult as possible to use city employees as opposed to private contractors. In the course of a construction project, plans are frequently modified to accommodate design changes, local conditions, or material needs, The League believes that AB 1392 represents a massiye intrusion into the public works practices of municipalities and should be vehemently opposed by all cities. 6 of 8 MAY 2 1995 ITEM 18 Agenda Report-Pending Lbgislation May 2, 1995 Page 6 SB 1073 (Costa) - Housinq Elements: Preoaration and ReYiew The League began sponsoring comprehensiye housing element reform in the belief that housing element law was failing local goyernments which haye the sole responsibility for housing plans and land use decisions. To date, the efforts of the League haye been unsuccessful. The League belieyes costs associated with the current housing element process could be better spent proYiding homes for Californians. By reducing the certification process, more funds would be made available for the production of units. Senator Costa introduced SB 1073 on February 24, 1995, which would increase the Department of Housing and Community Development's {HCD} authority oyer cities and provides "self certification" standards that local government officials have described as impossible. The bill is comprehensiye in scope revising definitions, content requirements, the regional need allocation process, the HCD review and certification process, HCD guidance, and legal standards. In general, the League believes the fair share allocation process needs to be reworked to accomplish three objectiyes. First, allocations should be consistent with local plans. Second, the COG (Council of Governments) or HCD should be required to hold a public hearing after releasing draft allocations and data. Finally, local agencies need to haye a right to an appeal by a panel of locally elected officials. SB 1073 makes the process even worse. The proposed legislation would give the COGs or the Department authority for considering alternative zoning schemes for local agencies. The League has worked with the sponsors of this bill for years on developing a clear standard that would allow local governments which are exercising their authority to promote housing to be spared HCD review. The standards in this bill appear impossible to meet. Staff recommends that the City Council oppose SB 1073. ENVIRONMENTAL REVIEW Environmental review is not required for this item under California Enyironmental Quality Act guidelines, FISCAL IMPACT There is no fiscal impact associated with this informational report. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Assemblyman Jan Goldsmith; Senator David Kelley; Bob Wilson, the City's Lobbyist; and the League of California Cities were notified of this agenda item. 7 of 8 MAY 2 1995 ITeM 18 3. 4. 5. 6. 7. 8. 9. 11. 12. Agenda Report-Pending~egislation May 2, 1995 Page 7 RECOMMENDATION It is recommended that the City Council take the following actions: 1. Oppose SB 27 and SB 14XX and direct staff to notify the Senate Appropriations Committee of the City's opposition to the measure. 2. Oppose SB 44 and SB 13XX and direct staff to notify the Senate Appropriations Committee of the City's opposition to the measure. Support SB 117 and direct staff to notify the Senate Appropriations Committee of the City's support for the measure. Support SB 564 and direct staff to notify the Local Senate Delegation of the City's support for the measure. Support SB 861 and direct staff to notify the Local Senate Delegation of the City's support for the measure. Support SB 864 and direct staff to notify the Local Senate Delegation of the City's support for the measure. Support SB 866 and direct staff to notify the Local Senate Delegation of the City's support for the measure, Support SB 867 and direct staff to notify the Senate Appropriations Committee of the City's support for the measure. Support SB 868 and direct staff to notify the Senate Appropriations Committee of the City's support for the measure. 10. Oppose AB 1865 and ACA 24 and direct staff to notify the Assembly Local Government Committee of the City's opposition to the measure. Oppose AB 1392 and direct staff to notify the Assembly Local Government Committee of the City's opposition to the measure. Oppose SB 1073 and direct staff to notify the Senate Housing and Land Use Committee of the City's opposition to the measure. eb:\rpts\pnleg1.502 8 of 8 MAY 2 1995 ITEM 18