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Amended Agenda Packet 6/20/2024CITY OF CUPERTINO AUDIT COMMITTEE AGENDA 10185 North Stelling Road, Quinlan Conference Room Monday, June 24, 2024 3:00 PM Amended - Special Meeting Amended on 6/20/2024 at 5:15 p.m. to add attachments A & B for Agenda Item #4. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Quinlan Community Center, 10185 North Stelling Road 2) The meeting will also be streamed live on and online at https://youtube.com/@cupertinocitycommission Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Quinlan Community Center. 2) E-mail comments by 3:00 p.m. on Monday, June 24 to the legislative body at auditcommittee@cupertino.gov. These e-mail comments will also be posted to the City’s website after the meeting. Oral public comments may be made during the public comment period for each agenda item. Members of the audience who address the legislative body are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO AUDIT COMMITTEE NOTICE IS HEREBY GIVEN that a special meeting of Cupertino Audit Committee is hereby called for Monday June 24, 2024, commencing at 3:00 p.m. at the Quinlan Community Center Conference Room, 10185 North Stelling Road, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING Page 1 1 AC 06-24-2024 1 of 242 Audit Committee Agenda June 24, 2024 ROLL CALL ORDERS OF THE DAY APPROVAL OF MINUTES 1.Subject: Approve Minutes of Regular Meeting on April 22, 2024 Recommended Action: Approve Minutes of Regular Meeting on April 22, 2024 A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Committee on any matter within the jurisdiction of the Committee and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. OLD BUSINESS NEW BUSINESS 2.Subject: ACTION ITEM Receive the Enterprise Risk Assessment Final Report and FY 2024-25 Internal Audit Work Plan Recommended Action: 1. Receive the Enterprise Risk Assessment Final Report and Forward to City Council 2. Receive the FY 2024-25 Internal Audit Work Plan and Forward to City Council Presenter: Thomas Leung, Budget Manager and Moss Adams 3:15(10) Staff Report A – City of Cupertino Enterprise Risk Assessment Final Report B – FY 2024-25 Internal Audit Work Plan 3.Subject: ACTION ITEM Status update for prior Internal Audit Work Plans in Fiscal (FY) 2021-22 and FY 2022-23 Recommended Action: Receive status update report for prior Internal Audit Work Plans in FY 2021-22 and FY 2022-23 and forward to City Council Presenter: Toni Oasay-Anderson 3:25(10) Page 2 2 AC 06-24-2024 2 of 242 Audit Committee Agenda June 24, 2024 Staff Report A – Procurement Operational Review - Audit Recommendation Update B – Fiscal Policy Inventory & Gap Analysis - Audit Recommendation Update C – Capital Program Effectiveness - Audit Recommendation Update D – Fraud, Waste, and Abuse Program - Audit Recommendation Update E – Budget Process Review - Audit Recommendation Update F – Enterprise Leadership Assessment - Audit Recommendation Update G – Library Expansion Construction - Audit Recommendation Update 4.Subject: INFORMATIONAL ITEM Review the Draft FY 2022-23 Annual Comprehensive Financial Report (ACFR) and Supplemental Reports Memo Recommended Action: Review the Draft FY 2022-23 Annual Comprehensive Financial Report (ACFR) and Supplemental Reports Memo Presenter: Jonathan Orozco, Finance Manager and The Pun Group 3:35(25) A - ACFR Memo B - Draft FY 2022-23 Annual Comprehensive Financial Report (ACFR) 5.Subject: INFORMATIONAL ITEM Receive the proposed Audit Committee 2024 Schedule and Workplan Recommended Action: Receive the proposed Audit Committee 2024 Schedule and Workplan Presenter: Jonathan Orozco, Finance Manager and The Pun Group 4:00(10) A - Proposed Audit Committee 2024 Schedule and Work Plan STAFF AND COMMITTEE REPORTS FUTURE AGENDA SETTING ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at 10300 Torre Avenue, Cupertino, California 95014, during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section Page 3 3 AC 06-24-2024 3 of 242 Audit Committee Agenda June 24, 2024 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Members of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agenda, you may do so during the public comment. Page 4 4 AC 06-24-2024 4 of 242 CITY OF CUPERTINO Agenda Item 24-13239 Agenda Date: 6/24/2024 Agenda #: 1. Subject: Approve Minutes of Regular Meeting on April 22, 2024 Approve Minutes of Regular Meeting on April 22, 2024 CITY OF CUPERTINO Printed on 6/20/2024Page 1 of 1 powered by Legistar™5 AC 06-24-2024 5 of 242 Page 1 City of Cupertino Audit Committee Regular Meeting Minutes April 22, 2024 CALL TO ORDER At 4:00 p.m., Chair Chen called the special meeting to order in the City of Cupertino Conference Room A, 10300 Torre Avenue. ROLL CALL Committee Members Present: Chair Eno Schmidt, Mayor Sheila Mohan, Committee member Hanyan Wu, Councilmember Hung Wei City Staff Present: Kristina Alfaro, Thomas Leung, Janet Liang, Matt Morley, Jonathan Orozco Absent: Committee member Angela Chen Guests: Carlos Oblites (Chandler), Haile Garcia (Moss Adams), Ryan Maxey (U.S. Bank), Jennifer Meza (PARS), Will Rogers (PARS), Dennis Mullins (PFM Asset Management), Rick Rosenthal (PFM Asset Management) ORDERS OF THE DAY 1. APPROVE MINUTES OF SPECIAL MEETING ON MARCH 21, 2024 Mayor Mohan motioned; Committee member Wei seconded. No public comment. The motion passes unanimously. Chair Schmidt motioned an amendment to edit future minutes so that the Audit Committee members that are on the City Council should be addressed as Council member in the minutes instead of Committee member. The motion passes as amended unanimously. POSTPONEMENTS ORAL COMMUNICATIONS Rhoda Fry provided comments. Brooke Ezzat provided comments. OLD BUSINESS NEW BUSINESS 2. Receive the Internal Audit and Fraud, Waste, and Abuse programs update Garcia provided an update. Chair Schmidt asked if committee members were interested in seeing the reports, would it be available to view. Garcia noted that the reports are confidential and is a requirement of State law and City policy. No public comment. 6 AC 06-24-2024 6 of 242 Page 2 Mayor Mohan motioned to receive the report, Committee member Wu seconded. The motion passes unanimously. 3. Receive OPEB & Pension Section 115 Trust Performance Report for Quarter Ending December 31, 2023 and March 31, 2024 Meza provided an overview of the report. Rosenthal provided an overview of the report. Chair Schmidt asked what the process is for eliminating certain stocks and if they are in communication with city staff. Rosenthal noted that they do not communicate trades directly with the City, it is included in the statements and the report shows the top 5 and bottom 5 contributors. Chair Schmidt asked if they are worried about regional banking failures. Rosenthal noted that they have not seen much of it in the last year. Commmittee member Wu asked if they have any recommendations on the market trend. Rosenthal noted that they do not as they did a through review not too long ago. No Public Comment. Councilmember Wei motioned to receive the report, Committee member Wu seconded. The motion passes unanimously. 4. Receive the Treasurer's Investment Report for the Quarter Ending December 31, 2023 and March 31, 2024 Orozco provided an overview. Oblites provided an overview. Chair Schmidt asked if we should expect the portfolio to vary from the index in the future because of the duration. Oblites noted yes, particularly on the front end because of the benchmark. Chair Schmidt asked if this leads into the cash management issue for the City. Oblites noted yes and that there is a liquidity component at the bank and at the State Pool - LAIF to cover expenditures, payroll runs and AP runs. Committee member Wu asked about the $45 million LAIF transfer. Orozco noted that the City transferred funds out and withholding the funds until then was driven by the unknown of the CDTFA audit and a few other outstanding liabilities. Mayor Mohan asked if it is common to move funds to LAIF. Orozco noted that the City historically has maintained approximately $20 million but with clarity in the CDTFA audit and repayment portion of it, funds were moved. Alfaro noted that staff looks at it on a regular basis and make a decision on what we know at a given point in time. Mayor Mohan asked one of our priorities is liquidity, how does LAIF play into it. Orozco noted that it is relatively liquid and that it is around 4% return. Committee member Wu asked what is the composition of the LAIF fund. Orozco noted that LAIF is administered by the State of California and they set the restrictions and baseline. Oblites noted that LAIF invests in money market securities and longer treasuries. Rhoda Fry provided public comment. 7 AC 06-24-2024 7 of 242 Page 3 Councilmember Wei motioned to receive the report, Committee member Wu seconded. The motion passes unanimously. 5. Annual Review of the City’s Investment Policy Orozco provided an overview. Chair Schmidt asked about the initial allocation of $56.5 million that was set aside for disputed sales tax revenue , how does it get into the investment policy. Orozoco noted that the funds are set aside in the City’s accounting software and is unaffected or may be affected by the investment policy as the City wants to shorten the maturity date. Rhoda Fry provided public comment. Mayor Mohan motioned to accept the report and forward to the City Council for approval, Committee member Wu seconded. The motion passes unanimously. 6. Update on FY 2022-23 ACFR and Supplemental Reports Orozco provided an overview. Rhoda Fry provided public comment. 7. Receive the proposed Audit Committee 2024 Schedule and Workplan Orozco provided an overview. Govind Tatachari and Rhoda Fry provided public comment. STAFF AND COMMITTEE REPORTS COMMITTEEMEMBER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS FUTURE AGENDA SETTING ADJOURNMENT The meeting adjourned at 5:56 p.m. Recording Secretary: Janet Liang, Management Analyst 8 AC 06-24-2024 8 of 242 CITY OF CUPERTINO Agenda Item 24-13240 Agenda Date: 6/24/2024 Agenda #: 2. Subject: ACTION ITEM Receive the Enterprise Risk Assessment Final Report and FY 2024-25 Internal Audit Work Plan 1. Receive the Enterprise Risk Assessment Final Report and Forward to City Council 2. Receive the FY 2024-25 Internal Audit Work Plan and Forward to City Council Presenter: Thomas Leung, Budget Manager and Moss Adams 3:15(10) CITY OF CUPERTINO Printed on 6/20/2024Page 1 of 1 powered by Legistar™9 AC 06-24-2024 9 of 242