AC 02-11-2020 i
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City of Cupertino
Audit Committee Regular Meeting
Minutes
February 11,2020
1. CALL TO ORDER
At 4:08p.m.,Chairman Eno Schmidt called the meeting to order at Cupertino City Hall Conference
Room C, 10300 Torre Avenue, Cupertino CA 95014.
2.ROLL CALL
Committee Members Present: Chairman Eno Schmidt, Councihnember Paul,
Councilmember Sinks,Daisy Liang,Angela Chen
City Staff Present: Kristina Alfaro, Zach Korach, Mariela Vargas, Deborah Feng
Absent:
Guests. Chris McCarry, Carlos Oblites (Chandler),Rick Rosenthal, Carolyn Cox
(USBank via conference call), Mitch Barker,Jennifer Meza(PARS), Kathy Lai and
Matt Geerdes (Crowe), Mark Steranka(Moss Adams)
3. APPROVAL OF MINUTES
Counciimember Paul motioned to approve the October 22, 2019 regular meeting
minutes and Daily Liang seconded,motion passed with 3 votes in favor, and 2
abstentions.
4. ORAL COMMUNICATIONS
5. OLD BUSINESS
G.NEW BUSINESS
A. Treasurer's Investment Report for period ending December 31, 2019(10min)
Finance Manager,Zach Korach, introduced the item and reported that there are no
new additions to the treasurer's report since last quarter. Korach passed it on to
Chris McCarry and Carlos Oblites from Chandler for their presentation on the
Treasurer's Report. Oblites communicated that Chandler oversees City
investments and they relate to operating funds, the investments they manage on
behalf of the City are subject to California Government Code and are limited to
fixed income securities. Oblites continued to share that the City makes money in
two ways; interest income and the value of the principle. The goal being safety
first followed by liquidity and then return. McCarry continued by giving an
economic overview and markets' update. Reporting that there is some level of
uncertainty due to the coronavirus and the U.S. elections coming up in November.
There has been a big drop in interest rates, as it dropped 20 basis points, due to the
coronavirus. He continued by reporting that employment numbers are strong,
inflation is contained,positive for continued growth in the market. Chairman
Schmidt asked about LAM returns and Oblites mentioned that the last 3-month
of 2019 LAIF return was 0.34%. The one-year return thru December 31 st was 3.48% and
net of fees is 3.40%. The City was able to take massive fair value gains which were
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booked per GASB 31 in the Audit. Oblites mentioned that it is important to know
that the Portfolio will not be like the benchmark because the benchmark was
longer than what the portfolio looked like. Oblites mentioned that as we see more
gains above the benchmark on a steady basis,will allow for that bench mark
return be closer, which is the goal. Councilmember Sinks motioned to accept the
Treasurer's Report, Daisy Liang seconded. Motion passed unanimously.
B.Pension & OPEB Trust Performance Report 12.31.2019
Rick Rosenthal gave a quick overview of the performance of the two portfolios
for the 4th quarter results. OPEB market value has changed over time and referred
to page 5 of the presentation. Rosenthal reported that the City ended the year at
the highest market value that we have seen in this portfolio, at$31.15 Million.
Year to date the City has earned$750, 000. Chairman Schmidt mentioned the
inception to date target is 6.5%net of fees and the City is currently at 7.1 S% or approximately 7%
net of fees which the City has
been in excess at approximately.5%net of fees higher than benchmark. Rosenthal continued with the
summary of pension portfolio mentioning that it is a newer portfolio,which began
in the second quarter of 2019. Reporting data from April—December 2019.
C.Review of FY 2018-19 CAFR and Supplemental Reports(1 hr)
Kathy Lai, Crowe began review of the CAFR report. She shared, in response to a question from the
Chair about the disclosures in CAFR footnote 2 "Cash and Investments",that Crowe starts
procedures with the investment cash balance and review the policies that the city
has in place to do a comparison with the California Government Code. Lai
continue by providing an example of the type of procedures taken during audit
and shared that no exceptions were found, which is positive for the City. Lai
continued by stating that an appropriation limit calculation is required by the
California Constitution and that these procedures were calculated and they made
sure it was approved by a governing body. Also, no exceptions related to that. She
commented that there is still work being done on the Transportation Development
Act Fund. Chairman Schmidt brought up some questions regarding the transmittal
letter as it relates to the alleged embezzlement and whether there are any
limitations to what can be said in the transmittal letter. Chairman Schmidt
requested providing disclosure that the City does not expect to incur any financial
loss and that restitution is expected from the alleged event. Also, information as to
how the accounting is up to this point to make it clear to the reader. Korach
acknowledged Chairman Schmidt recommendation to revising the transmittal
with disclosing that the City does not anticipate to incur a net loss and as to
additional information, staff will have to consult with the City Attorney.
Councilmember Paul requested the last sentence on the transmittal letter be
revised. Chairman Schmidt brought up the Section 115 trust and mentioned he
learned that it is a hybrid trust, as it can only be used to pay down the city's
pension obligation to CalPERS. There are limitations that are significant and are
not treated the same way as a fiduciary trust. Chairman Schmidt suggested adding
more disclosure on this to make it clearer for the reader. Lai explained that GASB
implemented pension standards. GASB does not find, Section 115 trust, as a trust
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to offset total pension liability. Councilmember Paul requested making publicly
available documents that show performance over time. Korach recommended
adding these reports to the Budget. Chairman Schmidt requested that these be
included in the sensitivity analysis and be added as a future agenda item. Lai
shared that in the horizon new accounting standards are to be implemented,
GASB 84, which might bring some changes. Lai will keep staff and committee
updated on those changes. Committee member Liang motioned to approve the
report, subject to the process watching over changes, Councilmember Paul
seconded. Motion passed unanimously.
D.Internal Audit Kick-Off(1:30 min)
Korach gave a brief overview as part of the FY 19 - 20 Council Work Plan
Program the Internal Audit Function was an approved item under Administrative
Services Department. Staff went under an RFP process and formed an RFP
committee. The City as a result of the RFP process retained Moss Adams LLP to serve as the
designated Internal
Auditor and conduct projects focusing on: Risks, Internal Controls. Compliance,
Performance, and Best practices. Mark Steranka provided a review of the phases
they will be working on and shared the FY 19- 20 Internal Audit Plan, which
included the entire operations department not just Finance. Mark explained that
the Risk Assessment is introduced to the organization with collaboration with the
City Manager. Moss Adams job is to remain independent and objective while still
being collaborative. Korach mention that the City Attorney recommended to take
the Audit Charter as a resolution that is approved by the Audit Committee and
subsequently by the City Council. Committee reviewed the Audit Charter and
Moss Adams reported that the Final Audit report would be provided to Audit
Committee, City Council and available to the public. Korach commented that the
Internal Audit process will be a multi-year funding request at$50,000 per year.
Councilmember Paul requested having a process flow chart with information, for
public information and awareness of the process. Councilmember Sinks motioned
to approve the Audit Charter, Committee member Angela Chen seconded. Motion
passed unanimously.
E.Budget Format Review
Deferred to next meeting
F. Audit Committee Proposed Standard Work Plan 2020
Deferred to next meeting
G. Embezzlement Debrief
Deferred to next meeting
3.ADJOURNMENT
The meeting adjourned at 6:08 PM
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