CC Resolution No. 17-049 Accepting the City Investment PolicyRESOLUTION NO. 17-049
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING THE CITY INVESTMENT POLICY
WHEREAS, the City 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 California Government Code requires a statement of investment
policy to be reviewed and adopted by the City Council on at least an annual basis; and
WHEREAS, the City's Audit Committee reviewed and accepted the attached City
Investment Policy on May 1, 2017.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino accepts the attached City Investment Policy dated June 6, 2017.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of June 2017, by the following vote:
AYES :
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Vaidhyanathan, Paul, Scharf
None
Chang, Sinks
None
APPROVED:
G4e~li Li~~
Savita Vaidhyanathai;,;yor, Grace Schmidt, City Clerk
City of Cupertino
POLICY
City of Cupe11ino
Investment Policy
June 6 , 2017
Under authority granted by the City Council, the City Treasurer and Deputy Treasurer are
responsible for investing the surplus funds of the City.
The investment of the funds of the City of Cupertino is directed to the goals of safety, liquidity
and yield . The authority governing investments for municipal governments is set forth in the
California Government Code, Sections 53601 through 53659.
The primary objective of the investment policy of the City of Cupertino is SAFETY OF
PRINCIPAL. Investments shall be placed in those securities as outlined by type and maturity
sector in this document. Effective cash flow management and resulting cash investment
practices are recognized as essential to good fiscal management and control. The City's
po11folio shall be designed and managed in a manner responsive to the public tiust and consistent
with state and local law. Po11folio management requires continual analysis and as a result the
balance between the various investments and maturities may change in order to give the City of
Cupertino the optimum combination of necessary liquidity and optimal yield based on cash flow
projections .
SCOPE
The investment policy applies to all financial assets of the City of Cupe11ino as accounted for in
the Comprehensive Annual Financial Report (CAFR). Policy statements outlined in this
document focus on the City of Cupe11ino' spooled, surplus funds, but will also apply to all other
funds under the City Treasurer's span of control unless specifically exempted by statute or
ordinance. This policy is applicable, but not limited to all funds listed below:
• General Fund
• Special Revenue Funds
• Capital Project Funds
• Enterprise Funds
• Internal Service Funds
• Trust and Agency Funds
• Any new fund unless specifically exempted
Investments of bond proceeds shall be governed by the provisions of the related bond indentures
and/or cash flow requirements and therefore may extend beyond the maturity limitations as
outlined in this document. Other post-employment benefit (OPEB) trust investments are
governed by California Government Code Sections 53620 through 53622 and oust documents .
The tlust is governed by a separate investment policy entitled Investment Policy Statement City
of Cupe11ino Investment Trust that was reviewed by the City of Cupe11ino Audit Committee and
adopted 1:,y the City Manager and the Acting Director of Administrative Services on May 6 ,
2014 .
City of Cupertino Investment Policy June 6, 2017
PRUDENCE
The standard to be used by investment officials shall be that of a "prndent person" and shall be
applied in the context of managing all aspects of the overall p011folio. Investments shall be made
with judgment and care, under circumstances then prevailing, which persons of prndence,
direction 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.
It is the City's full intent, at the time of purchase, to hold all investments until maturity to ensure
the return of all invested principal dollars. However, it is realized that market prices of securities
will vary depending on economic and interest rate conditions at any point in time. It is further
recognized that in a well-diversified investment portfolio, occasional measured losses are
inevitable due to economic, bond market, or individual security valuation fluctuations. These
occasional losses must be considered within the context of the overall investment program
objectives and the resultant long-term rate of return.
The City Treasurer and Deputy Treasurer, acting within the intent and scope of the investment
policy and other written procedures and exercising due diligence, shall be relieved of personal
responsibility and liability for an individual security's credit risk or market price changes,
provided deviations from expectations are repo11ed in a timely manner and appropriate action is
taken to control adverse developments.
OBJECTIVES
The primary objectives, in order of priority, of the City of Cupe11ino's investment activities shall
be:
A. Safety of P1incipal
Safety of principal is the foremost objective of the City of Cupe11ino. Each investment
transaction shall seek to ensure that capital losses are avoided, whether from issuer default,
broker-dealer default or erosion of market value. The City shall seek to preserve principal by
mitigating the two types of risk, credit risk and market risk.
Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be
mitigated by investing in investment grade securities and by diversifying the investment
p011folio so that the failure of any one issuer does not unduly harm the City's capital
base and cash flow.
Market risk, defined as market value fluctuations due to overall changes in the general
level of interest rates, shall be mitigated by limiting the average maturity of the City's
investment portfolio (see maximum maturities) and strnctu1ing the portfolio based on
histmic and cunent cash flow analysis eliminating the need to sell securities prior to
maturity and avoiding the purchase of long term securities for the sole purpose of sh011
te1m speculation.
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City of Cupertino
B. Liquidity
Investment Policy June 6, 2017
The City's investment portfolio will remain sufficiently liquid to meet all operating
requirements which might be reasonably anticipated and provide the City with adequate cash
flows to pay its obligations over the next six months. Additionally, the portfolio should
consist largely of securities with active secondary resale markets.
C. Yield
The City's investment p01tfolio shall be designed with the objective of attaining a rate of
return throughout budgetary and economic cycles, commensurate with Cupertino's
investment risk constraints and cash flow characteristics of the portfolio.
MAXIMUM MATURITIES
Maturities of investments will be selected based on liquidity requirements to minimize interest
rate risk and maximize earnings. Investment of surplus funds shall comply with the maturity
limits as set forth in the California Government Code 53600, et seq. Where this section does not
specify a limitation on the term or remaining maturity at the time of the investment, no
investment shall be made in any security that at the time of the investment has a term remaining
to maturity in excess of five years , unless the Council has granted express authority to make that
investment either specifically or as a pmt of an investment program approved by the Council no
less than three months prior to the investment.
Reserve funds may be invested in securities exceeding five years if the maturity of such
investments is made to coincide as nearly as practicable with the expected use of the funds.
PERFORMANCE EVALUATION
Investment performance is continually monitored and evaluated by the City Treasurer.
Investment performance statistics and activity reports are generated on a quarterly basis for
presentation to the oversight (audit) committee, City Manager and City Council.
Yield on the City's investment p01tfolio is of secondary importance compared to the safety and
liquidity objectives described above. The City 's investment p01tfolio shall be designed to attain
a market average rate of return through economic cycles . The market average rate of return is
defined as the average return on the Local Agency Investment Fund (assuming the State does not
adversely affect LAIF's returns due to budget constraints). Whenever possible, and consistent
with risk limitations as defined herein and prudent investment principles, the Treasurer shall seek
to augment return above the market average rate of return.
DELEGATION OF AUTHORITY
The Treasurer is responsible for investment management decisions and activities per City
Council Resolution.
The Treasurer shall designate a staff person as a liaison/deputy in the event circumstances
require timely action and the Treasurer is not present.
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City of Cupertino Investment Policy June 6, 2017
No officer or designee may engage in an investment transaction except as provided under te1ms
of this policy and the procedures by the Treasurer and approved by the City Manager/Council.
The Treasurer shall be responsible for all transactions undertaken and shall establish a system of
controls to regulate the activities of subordinate officials.
OVERSIGHT COMMITTEE
An audit committee consisting of appropriate internal and external members, appointed by the
City Council, shall be established to provide general oversight and direction concerning the
policies related to management of the City's investment pool and OPEB trust. The City
Treasurer shall serve in a staff and advisory capacity. The committee shall meet at least
quarterly to review policy changes, new legislation and po1tfolio status.
ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business
activity that conflicts with proper execution of the investment program, or impairs their ability to
make impartial investment decisions. Additionally the City Treasurer and the Deputy Treasurer
are required to annually file applicable financial disclosures as required by the Fair Political
Practices Commission (FPPC).
SAFEKEEPING OF SECURITIES
To protect against fraud or embezzlement or losses caused by collapse of an individual securities
dealer, all securities owned by the City shall be held in safekeeping by a third patty custodian
acting as agent for the City under the te1ms of a custody agreement. All trades executed by a
dealer will settle delivery versus payment (DVP) through the City's safekeeping agent.
In order to verify investment holdings, an external auditor, on an annual basis, shall
independently verify securities held in custody for the City. Additionally, the City Treasurer
shall include a listing of holdings provided by the City's custodian to the qumterly investment
report as verification between annual reviews by the external auditor.
All exceptions to this safekeeping policy must be approved by the City Treasurer in written fo1m
and included in the quarterly report to City Council.
INTERNAL CONTROL
Separation of duties between the Treasurer's function and Finance is designed to provide proper
internal controls to prevent the potential for conve1ting assets or concealing transactions. Dual
transaction controls, separate and independent notifications , and repmts provided by financial
institutions shall be used to help implement these controls.
Wire transfers shall be approved prior to being submitted to the financial institution. Wire
transfers initiated by Treasury staff must be reconfirmed by the appropriate financial institution
to Finance staff. Proper documentation is required for each investment transaction and must
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City of Cupertino Investment Policy June 6, 2017
include a broker trade confomation and a cash disbursement wire transfer confirmation. Timely
bank reconciliation is conducted to ensure proper handling of all transactions. The investment
po1ifolio and all related transactions are reviewed and balanced to appropriate general ledger
accounts by Finance staff on a monthly basis .
An annual agreed-upon procedures engagement in accordance with the attestation standards
established by the American Institute of Certified Public Accountants shall be conducted by an
auditor solely to assist management in dete1mining the City's compliance with this investment
policy. At the conclusion of such engagement, the agreed-upon procedures repo1i detailing all
procedures perfmmed and findings noted (if applicable) shall be provided to the Audit
Committee of the City.
REPORTING
The City Treasurer shall prepare a quaiierly investment report, including a succinct management
summary that provides a clear picture of the status of the cunent investment portfolio. The
repmi will be prepared in a manner that will report all information required under this policy and
the California Government Code. The Treasurer will submit the report to Council no later than
the second regular council meeting, or approximately 45 days following the end of the quarter
covered by the report .
Following its annual or interim adoption by the City Council, this investment policy shall be
remitted to the California Debt and Investment Advisory Commission.
QUALIFIED BROKER/DEALERS
Minimum eligibility criteria for dealers/brokers include a minimum of $1 billion in assets and a
minimum of five years in business . The registration status of all dealers is checked with the
National Association of Securities Dealers.
Dealers are required to acknowledge the receipt and review of the Statement of Investment
Policy, to be familiar with the government code restrictions, and have experience with dealing
with other municipal investors. Dealers are then selected on the basis of yields, services offered,
and references obtained. They may be primary or secondary dealers . The financial institutions
must submit a cmTent annual audited financial statement to ascertain capital adequacy .
COLLATERAL REQUIREMENTS
Collateral is required for investments in ce1iificates of deposit and repurchase agreements. In
order to reduce market risk, the collateral level will be at least 102 % of market value of principal
and accrued interest.
In order to confo1m with the provisions of the Federal Bankruptcy Code which provides for
liquidation of securities held as collateral, the only securities acceptable as collateral shall be
ce1iificates of deposit, commercial paper, eligible banker's acceptances, medium te1m notes , or
securities that are the direct obligations of, or are fully guaranteed as to principal and interest by,
the United States or any agency of the United States .
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City of Cupe1tino Investment Policy June 6, 2017
AUTHORIZED INVESTMENTS
Investment of City funds is governed by the California Government Code Sections 53600 et seq.
Within the context of the limitations , the following investments are authorized, as fu1ther limited
herein:
1. United States Treasury Bills, Bonds, and Notes or those for which the full faith and
credit of the United States are pledged for payment of principal and interest. There is
no percentage limitation of the p01tfolio that can be invested in this catego1y, although
a five-year maturity limitation is applicable.
2 . Obligations issued by the Government National M01tgage Association (GNMA), the
Federal Fa1m Credit System (FFCB), the Federal Home Loan Bank Board (FHLB), the
Federal National M01tgage Association (FNMA), the Student Loan Marketing
Association (SLMA), and the Federal Home Loan Mo1tgage Association (FHLMC).
There is no percentage limitation of the p01tfolio that can be invested in this category.
A five-year maturity limitation is applicable.
3. Banker's Acceptances (bills of exchange or time drafts drawn on and accepted by
commercial banks) may not exceed 180 days to maturity or 40% of the cost value of the
portfolio.
4. Local Agency Investment Fund (LAIF), which is a State of California managed
investment pool, may be used up to the maximum permitted by California state law.
Investment officers will review LAIF 's investment policy, investment mix, rate of
return, etc. on a monthly basis .
Investments detailed in items 5 through 10 are further restricted to percentage of the cost value of
the p01tfolio in any one-issuer name to a maximum of 10%. The total value invested in any one
issuer shall not exceed 5% of the issuer 's net worth. Again, a five-year maximum maturity
limitation is applicable unless fu1ther restricted by this policy.
5. Commercial paper ranked Pl by Moody 's Investor Services or Al+ by Standard &
Poor's, and issued by domestic corporations having assets in excess of $500,000,000
and having an AA or better rating on its long-term debentures as provided by Moody 's
or Standard & Poor 's . Purchases of eligible commercial paper may not exceed 270
days to maturity nor represent more than 10% of the outstanding paper of the issuing
corporation. Purchases of commercial paper may not exceed 25% of the cost value of
the portfolio.
6. Negotiable Certificates of Deposits issued by nationally or state chattered banks, state
or federal savings institutions, or state or federal credit unions. These institutions may
use a private sector entity to assist in the placement of the certificates of deposit under
the conditions specified by the Government Code. Purchases of Negotiable Ce1tificates
of Deposit may not exceed 30% of the cost value of the po1tfolio . A maturity limitation
of five years is applicable.
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City of Cupe1tino Investment Policy June 6 , 2017
7. Repurchase agreements that specify terms and conditions may be transacted with banks
and broker dealers. The maturity of the repurchase agreements shall not exceed one
year. The market value of the securities used as collateral for the repurchase
agreements shall be monitored by the investment staff and shall not be allowed to fall
below 102% of the value of the repurchase agreement. A PSA Master Repurchase
Agreement is required between the City of Cupe1tino and the broker/dealer or financial
institution for all repurchase agreements transacted.
8. Reverse repurchase agreements are not authorized.
9. Certificates of Deposit (time deposits), non-negotiable and collateralized in accordance
with the California Government Code, may be purchased through banks, savings and
loan associations, or credit unions . Within a limit of 30% of the cost value of the
portfolio, these institutions may use a private sector entity to assist in the placement of
the time deposits under the conditions specified by the Government Code.
10 . Medium Te1m Corporate Notes issued by corporations organized and operating in the
United States with a maximum maturity of five years may be purchased. Securities
eligible for investment shall be rated A or better by Moody 's or Standard & Poor's
rating services . Purchase of medium term notes may not exceed 30% of the cost value
of the portfolio .
11 . Bonds issued by the local agency, including bonds payable solely out of the revenues
from a revenue producing prope1ty owned, controlled or operated by the local agency
or by a depaitment, board, agency, or authority of the local agency .
12. Registered state waiTants or treasury notes or bonds of this state, including bonds
payable solely out of the revenues from a revenue producing prope1ty owned,
controlled or operated by the state or by a department, board, agency or authority of the
state.
13. Bonds, notes, waITants or other evidences of indebtedness of any local agency within
this state.
14 . Various daily money market funds administered for or by trnstees, paying agents and
custodian banks contracted by the City of Cupe1tino may be purchased as allowed
under State of California Government Code. Only funds holding U .S . Treasmy
obligations, Government agency obligations, or repurchase agreements collateralized
by U.S. Treasmy or Government agency obligations can be utilized and may not exceed
20% of the cost value of the po1tfolio.
15. Ineligible investments are those that are not described herein, including but not limited
to, common stocks and long-term (over five years in maturity) notes and bonds are
prohibited from use in this portfolio . It is noted that special circumstances arise that
necessitate the purchase of securities beyond the five-year limitation. On such
occasions, requests must be approved by City Council prior to purchase.
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City of Cupertino Investment Policy June 6, 2017
DEPOSITS
To be eligible to receive local agency money, a bank, savings association, federal association, or
federally insured industiial loan company shall have received an overall rating of not less than
"satisfactory" in its most recent evaluation by the appropriate federal financial supervisorial
agency of its record of meeting the credit needs of California's communities .
INTEREST EARNINGS
All moneys earned and collected from investments auth01ized in this policy shall be allocated
monthly to various fund accounts based on the cash balance in each fund as a percentage of the
entire pooled portfolio.
POLICY REVIEW
The City of Cupe11ino' s investment policy shall be adopted by resolution of the City Council on
an annual basis. This investment policy shall be reviewed at least annually to ensure its
consistency with the overall objectives of preservation of principal, liquidity, and yield, and its
relevance to cmTent law and financial and economic trends.
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