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Home My WebLink AboutCC Resolution No. 26-062 for the OPEB Trust Investment PolicyRESOLUTION NO. 26-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING THE CITY INVESTMENT POLICY FOR THE OTHER POST-EMPLOYMENT BENEFITS TRUST WHEREAS, the City’s Other Post-Employment Benefit Trust, established for sole purpose to benefit the general public, has available funds to invest in accordance with principles of sound treasury management; and WHEREAS, the City invests funds in accordance with provisions of California Government Code Section 53600; and WHEREAS, the City’s Audit Committee reviewed and accepted the attached City Investment Policy for the Other Post-Employment Benefits Trust on January 26, 2026. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino accepts the attached City Investment Policy for the Other Post-Employment Benefits Trust dated May 19, 2026. BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action to accept the City’s Investment Policy would have no or only a de minimis effect on the environment. The foregoing determination is made by the City Council in its independent judgment. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of May 2026, by the following vote: Resolution No. 26-062 Page 2 Vote Members of the City Council AYES: Moore, Chao, Fruen, Mohan NOES: None ABSENT: Wang ABSTAIN: None SIGNED: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Kitty Moore, Mayor City of Cupertino ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Date ATTEST: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Lauren Sapudar, City Clerk _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Date 5/29/2026 5/29/2026 1 | Page Other Post- Employment Benefits (OPEB) Investment Policy Citywide Policy Manual Attachments: N/A Effective Date: May 19, 2026 Responsible Department: Administrative Services Related Policies & Notes: City Investment Policy, Pension Investment Policy Overview In response to the Government Accounting Standards Board (GASB) Statement No. 45, replaced by GASB Statement No. 74 and GASB Statement No. 75, new disclosure requirements for Other Post‐employment Benefit (OPEB) Plans, the City of Cupertino has adopted a Section 115 Trust and Plan that seeks to satisfy these liabilities for certain eligible employees Executive Summary Account Name: City of Cupertino OPEB Trust Account Number: 6746035000 Investment Authority: Full Investment Authority Current Assets: $45.1 million (September 2025) Time Horizon: Long‐Term Target Rate of Return: 6.5% Communication Schedule: Meetings will be conducted at least quarterly U.S. Bank Portfolio Manager: Dennis Mullins Dennis.mullins@usbank.com 513‐304‐0398 U.S. Bank Relationship Manager: Ryan Maxey ryan.maxey@usbank.com 503‐464‐3789 2 | Page Investment Objective: ‘Balanced’ This investment objective is designed to provide a moderate amount of current income with moderate growth of capital. Investors should have sufficient tolerance for price and return volatility and substantial periodic declines in investment value. This objective is recommended for investors with a long‐term time horizon. The strategic asset allocation ranges and tactical targets for this objective are listed below: Investment Guidelines Overview This document defines the investment policy, guidelines and performance objectives applicable to the assets of The City of Cupertino’s OPEB Trust. The goal of this Policy is to create an investment framework within which the assets can be actively yet prudently managed. The purpose of this document is threefold.  First, it will set forth an investment structure for managing the Portfolio assets. This structure is expected to produce an appropriate level of overall diversification and total investment return over the investment time horizon.  Second, it will serve as to encourage effective communications between the organization and parties involved with investment management decisions.  Third, these guidelines will provide a framework to measure ongoing investment performance. Within the constraints imposed by these policies, Investment Managers are expected to comply with all applicable fiduciary and due diligence requirements under the “prudent investor” rules, which state: “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.” All applicable laws, rules and regulations from various local, state, federal and international political entities that may impact the Portfolio are to be adhered to. Asset Class Range Benchmark Target Fixed Income 20‐40% 30% Equities 50‐70% 64% Real Estate 0‐10% 5% Global Infrastructure 0‐10% 0% Commodities 0‐10% 0% Cash 0‐10% 1% 3 | Page All investment decisions shall be made in accordance with the fiduciary duty to act prudently and solely in the best financial interests of the Trusts and their beneficiaries. Investment decisions shall prioritize the preservation and long‐term growth of Trust assets while balancing risk, diversification, liquidity needs, and long‐term funding objectives. Environmental, Social, and Governance (ESG) factors may be considered as part of the overall investment evaluation process when determined to be consistent with the City’s fiduciary obligations and long‐term investment objectives. Consideration of ESG‐related factors shall not supersede the fiduciary duty to act prudently and in the best financial interests of the Trusts. Diversification Your Portfolio Manager is responsible for maintaining the balance between the various asset classes based on the investment objective’s strategic asset allocation. As a general policy, the Investment Manager will maintain reasonable diversification at all times by asset class, credit quality, issuer, sector, industry, and country. The following parameters shall be adhered to in managing the portfolio: Fixed Income Assets  The fixed income investments are to maintain intermediate‐term average weighted duration, between three‐seven years.  At the time of purchase, no single fixed income issuer shall exceed 2% of the total market value of the Portfolio, with the exception of U.S. Treasury or Agency obligations.  The direct high‐yield portion shall constitute no more than 10% of the total market value of the Portfolio.  Hedged fixed income positions shall constitute no more than 10% of the total market value of the Portfolio. Equity & Growth Assets  The domestic equity investments are expected to be diversified at all times by size, industry, sector, and style (Large Cap, Mid Cap, and Small Cap).  At the time of purchase, no individual equity security shall exceed 2% of the total market value of the Portfolio.  The real estate investments shall be captured through the use of diversified mutual funds or ETFs investing in REITs; and shall constitute no more than 15% of the total market value of the Portfolio.  The commodities investments shall be captured through the use of diversified mutual funds or ETFs; and shall constitute no more than 10% of the total market value of the Portfolio.  Hedged equity positions shall constitute no more than 10% of the total market value of the Portfolio 4 | Page Permitted Asset Classes and Security Types Fixed Income & Cash Equivalent Investments:  Domestic Certificates of Deposit (rated A‐1/P‐1 or better)  Domestic Commercial Paper (rated A‐1/P‐1 or better)  Floating Rate Notes  Money Market Mutual Funds  U.S. Treasury Bonds, Bills and Notes  U.S. Agency (and Instrumentality) Discount Notes, Notes, and Bonds  Treasury Inflation‐Protected Securities (TIPS)  Municipal Bonds and Notes  Corporate Bonds  Mortgage‐Backed Bonds (MBS)  Asset‐Backed Bonds (ABS)  High‐Yield Bonds (rated B‐/B3 or better)  Dollar denominated Foreign Bonds and Notes  Bond Mutual Funds Equity Investments:  Common & Preferred Stocks  American Depository Receipts (ADRs)  Domestic and International Equity Mutual Funds (Open and Closed)  Emerging Market Equity Funds or Exchange Traded Funds (ETFs) Alternative Investments:  Commodities Mutual Funds or Exchange Traded Notes (ETNs)  REIT Investment or Pooled Strategy or Fund of REITs  Registered Hedge Funds or Hedge Fund of Funds  Global Infrastructure Mutual Funds or Exchange Traded Funds Prohibited Asset Classes and Transactions The Investment Manager is prohibited from purchasing or holding any of the following types of investments:  Partnerships unless investing in Master Limited Partnerships invested in a mutual fund and limited in scope and allocation of Portfolio based on asset class limitations of table above  Letter stock and other unregistered securities; physical commodities or other commodity contracts; and short sales or margin transactions  Investments in the equity securities of any company with a record of less than three years continuous operation, including the operation of any predecessor  Investments for the purpose of exercising control of management  Direct or indirect exposure to cryptocurrencies  Leveraged securities, other than registered Hedged Equity and Hedged Fixed Income positions 5 | Page Duties and Responsibilities 1) CITY OF CUPERTINO AUDIT COMMITTEE a) Establish, approve, and maintain investment objectives, guidelines, and policies (including this Policy). b) Appoint Investment Managers who can be reasonably expected to adhere to the investment guidelines and meet the investment objectives as established. c) Monitor the investment performance of the Portfolio and compare actual investment performance relative to an appropriate benchmark index given the stated investment guidelines and objectives set forth in this Policy. d) Conduct a formal review of the Portfolio’s asset allocation, investment structure and performance annually or more frequently as the need arises. e) Periodically review the Portfolio performance against objectives. 2) CITY OF CUPERTINO CITY COUNCIL a) Adopt the Policy by resolution of the City Council on an annual basis. 3) PORTFOLIO MANAGER The Portfolio Manager will be responsible for carrying out the activities related to the Portfolio in accordance with the Policy including: a) Manage the day‐to‐day investment of Portfolio assets in accordance with the Policy guidelines and objectives included herein. b) Exercise full investment discretion and prudence in the selection and diversification of investments. c) Promptly bring to the attention of the City Treasurer or designee any investment that is subsequently downgraded and fails to meet the quality guidelines, along with a recommendation of retention or disposal. d) Provide on a quarterly basis the following investment reporting: (i) Year‐to‐date rate of return (ii) Annualized one, three, five, etc. rates of return e) Provide annually to the City’s Audit Committee a commentary and analysis of investment performance to include an evaluation of the current and future investment environment and potential impact of the investment environment on achievement of investment objectives. Investment Policy Statement Review The City’s Audit Committee will review and the Cupertino City Council will adopt this Investment Policy Statement at least annually to determine whether stated investment objectives are still relevant and the continued feasibility of achieving the same. It is not expected that the Policy will change frequently. In particular, short‐term changes in the financial markets should not require adjustments to the Policy. 6 | Page If at any time the Portfolio Manager finds the above guidelines too restrictive or possibly injurious to investment returns, they should communicate that information immediately to the City’s Audit Committee. Revisions: 6.5.2018, 11.19.2019, 11.17.2020, 12.7.2021, 12.06.2022, 12.05.2023, 12.03.2024, 05.19.2026 City Manager’s signature: _______________________________ Date: _______________________________ Director of Administrative Services’ signature: _______________________________ Date: _______________________________ 05/19/2026 Tina Kapoor (Jun 4, 2026 15:13:17 PDT) Tina Kapoor 06/04/2026 CC Resolution No. 26-062 for the OPEB Trust Investment Policy Final Audit Report 2026-06-04 Created:2026-06-02 By:Melissa Robertson (melissar@cupertino.gov) Status:Signed Transaction ID:CBJCHBCAABAAA_q4yq0klwQIQiG7gSXthsColafmYbYb "CC Resolution No. 26-062 for the OPEB Trust Investment Polic y" History Document created by Melissa Robertson (melissar@cupertino.gov) 2026-06-02 - 3:43:26 PM GMT Document emailed to Tina Kapoor (TinaK@cupertino.gov) for signature 2026-06-02 - 3:43:31 PM GMT Document emailed to Jonathan Orozco (JonathanO@cupertino.gov) for signature 2026-06-02 - 3:43:31 PM GMT Email viewed by Tina Kapoor (TinaK@cupertino.gov) 2026-06-02 - 3:44:09 PM GMT Email viewed by Jonathan Orozco (JonathanO@cupertino.gov) 2026-06-02 - 3:44:11 PM GMT Document e-signed by Jonathan Orozco (JonathanO@cupertino.gov) Signature Date: 2026-06-02 - 3:46:18 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE Email viewed by Tina Kapoor (TinaK@cupertino.gov) 2026-06-03 - 3:55:19 PM GMT Email viewed by Tina Kapoor (TinaK@cupertino.gov) 2026-06-04 - 4:10:38 PM GMT Melissa Robertson (melissar@cupertino.gov) replaced signer Tina Kapoor (TinaK@cupertino.gov) with Tina Kapoor (tinak@cupertino.org) 2026-06-04 - 10:08:38 PM GMT Document emailed to Tina Kapoor (tinak@cupertino.org) for signature 2026-06-04 - 10:08:39 PM GMT Email viewed by Tina Kapoor (tinak@cupertino.org) 2026-06-04 - 10:09:20 PM GMT Document e-signed by Tina Kapoor (tinak@cupertino.org) Signature Date: 2026-06-04 - 10:13:18 PM GMT - Time Source: server - Signature Appearance Selected: TYPE Agreement completed. 2026-06-04 - 10:13:18 PM GMT