AC 03-28-2022Page 1
City of Cupertino
Audit Committee Regular Meeting
Minutes
March 28, 2022
CALL TO ORDER
At 4:00 p.m., Chair Moore called the regular meeting to order. This was a teleconference
meeting with no physical location.
ROLL CALL
Committee Members Present: Chair Moore, Vice Chair Angela Chen, Mayor Darcy Paul
City Staff Present: Jim Throop, Chris Jensen, Kristina Alfaro, Thomas Leung, Beth Viajar
Absent: Committeemember Song, Committeemember Liang
Guests:
1. APPROVAL OF MINUTES
Vice Chair Chen noted minor corrections on pages 3 and 4. Mayor Paul noted corrections to his
statement. Mayor Paul moved the changes suggested by Vice Chair Chen and himself. Vice Chair
Chen seconded the motion. The motion carried unanimously by all members present.
ORAL COMMUNICATIONS
None.
NEW BUSINESS
2. Appoint Budget Format Review Sub-Committee Members
Leung provided an overview of the Budget Format Review Sub-committee and recommended
that the Audit Committee appoint members to the sub-committee. No public comment. Chair
Moore volunteered herself to the sub-committee. Mayor Paul nominated Vice Chair Chen. Vice
Chair Chen nominated Committeemember Song and agreed that Chair Moore should serve on
the sub-committee. Chair Moore concurred with Mayor Paul that Vice Chair Chen would do well
to serve on the sub-committee and help her out. Mayor Paul made a motion to move the Chair
and Vice Chair as sub-committee members, Vice Chair Chen seconded the motion. The motion
carried unanimously by all members present. Committeemember Song and Committeemember
Liang were absent.
3. Review Monthly Treasurer’s Report for January and February 2022 and recommend filing
with City Council
Leung provided an overview of the Receipts, Disbursements, and Fund Balances reports and
noted that staff planned to submit monthly treasurer's reports, including an accounting of all
receipts, disbursements, and fund balances. The staff's recommendation was for the Audit
Committee to review the reports and recommend filing them with City Council. No public
comment.
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Mayor Paul asked for clarification on the total ending fund balance and whether it was the
number represented in the bottom right-hand corner of the report. Leung confirmed. Mayor Paul
inquired where committee members or residents could view the revenues versus expenditures of
each of the funds. Leung recommended OpenGov, the City's financial transparency portal, for
viewing that information. Mayor Paul requested that staff pick a fund in the next update and
walk through how to navigate OpenGov and find that information. Leung noted that staff would
do so at the next committee meeting.
Chair Moore mentioned that she had researched other cities' treasurer's reports, noting that some
disregarded the requirement and some provided a monthly update of their investments. Chair
Moore thought we would include the Accounts Payable reports in this section so that the Audit
Committee could ask questions. She then asked for other committee members' thoughts on
including the accounts payable and investment balances in the Audit Committee's reports. She
noted that Chandler would not have to show up, but their statements could be pasted into the
report. Mayor Paul asked the City Attorney to speak to the requirements. Mayor Paul noted the
utility of having Accounts Payable reports at the Audit Committee. He was unsure of the value
of obtaining the fund balance reports quarterly. He asked for the staff's perspective on the cost-
benefit ratio. City Manager Throop acknowledged that there were cities that ignored the report
and cities that combined it into other types of reports. He was concerned that the AP part might
muddy the reporting structure of what the treasurer's report was supposed. He noted that there
was low staffing in the Administrative Services Department. City Attorney Jensen stated that the
language in the Statute was to provide an accounting of receipts, disbursements, and fund
balances. There was a range of practices different jurisdictions used; it reflected a considerable
amount of discretion and leeway on how to interpret those reporting requirements to meet the
needs of the City.
Mayor Paul made a motion that the Audit Committee refer to staff on the feasibility of adding
accounts payable to the monthly treasurer's report and report back to the Audit Committee. Chair
Moore asked whether Mayor Paul recommended filing the January and February 2022 reports
with City Council. Mayor Paul added that to his motion. Chair Moore seconded. The motion
carried unanimously by all members present. Committeemember Song and Committeemember
Liang were absent.
4. Review External/Internal Audit Process and Timing
Viajar provided background on the external audit and timing. Leung provided background on
the internal audit and timing. No public comment.
Vice Chair Chen inquired about the sub-committee to be established by August 2022 for the audit
RFP and the selection process. Alfaro noted that the Audit Committee would appoint members
to sit on the committee. The previous committee also included City staff, Kristina, Zach, and the
City Manager at the time. Chair Moore noted that this should go on the work plan and would
like to see the work plan as a final item on the Audit Committee agenda. Mayor Paul said that if
there was a sub-committee of the Audit Committee, it should comprise Audit Committee
members.
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Mayor Paul inquired when they could start seeing the Audit Committee reports and the timetable
of these reports going to the committee and City Council. Leung noted the dates on the slides.
Mayor Paul expected we would obtain more audit reports. Leung said that after the next year's
audit plan was developed, the Audit Committee would receive those reports. Mayor Paul wanted
to know how many years of auditing we would need to go through. Alfaro noted that there was
no timetable. If the Committeemembers reached a certain place where they felt it performed what
it was brought on for or felt they did not need it based on a risk assessment, then a
recommendation could be made to Council. Funds are in the Finance Department’s base budget.
Funds could be pulled out of the budget should the recommendation come forward. Mayor Paul
wanted to get an overarching report of how long this would take, such as defining a set of work
with expectations as to how long it would take. Leung noted that staff could provide that
information as to where we stand in the long-term cycle of this internal audit.
Vice Chair Chen asked about the procurement review, whether there was an implementation
plan and whether the recommendations were tracked. Leung noted that the implementation of
the recommendations would be discussed in the budget document. Alfaro said that we could
update it on the City's website where the Audit plans were located. Vice Chair Chen inquired
about reallocating resources and visualized a matrix with the steps to complete the process. Vice
Chair Chen noted that there was follow-up regarding the implementation during the last meeting
and wanted to know the schedule and how it would be tracked. Chair Moore asked Leung to
bring up that website. Leung brought up the website.
Chair Moore noted a request for a procurement officer and requested the City Manager to speak
to it as the Audit Committee and Council did not have authority to implement the
recommendations from Moss Adams. City Manager Throop replied that staff would bring it to
Council to get their input and then create a schedule with a starting point to look for a
procurement officer. Vice Chair Chen requested that staff look at citywide resources and
reallocate resources before adding a procurement officer position. She then asked if Audit
Committee's recommendation would be added to the procurement recommendation for City
Council's consideration. Chair Moore noted that the committee should have made that
recommendation when they reviewed procurement policy recommendations and asked the staff
if it would be appropriate to bring the comments to Council. Leung confirmed that staff could.
Mayor Paul noted that it would be good to have dedicated procurement staff and recommended
that, if there would be a subcommittee, they go over the entirety of the procurement operational
review document.
Chair Moore asked for clarification on whether the Audit Committee should be creating a
subcommittee. Mayor Paul noted that there were going to be individuals from the Audit
Committee reviewing the procurement policy and recommendations. It would be good for them
to review the analysis. Chair Moore noted that she had a question regarding amending contracts
and conflict of interest and if the creation of the subcommittee should be a future agenda item or
how to proceed. Alfaro noted that it would be a future agenda item and asked Jensen for
direction. Jensen confirmed that it was not on the agenda for today and could be brought back as
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a future agenda item. Chair Moore did not recall the procurement review being submitted to
Council and asked if it was going in April. Leung confirmed. Throop noted that there was already
a Council subcommittee with Councilmember Moore and Councilmember Willey for
procurement. Chair Moore stated that it was for contracts, and they completed what they were
reviewing. Chair Moore wondered if a subcommittee could be set up before the meeting in April
to go through the procurement policy. Alfaro mentioned that she wasn’t sure if any of the
questions or issues they had were brought up when the internal auditors were present. Chair
Moore mentioned these were questions that came up after the consultants had presented. Mayor
Paul noted that he had a meeting with the auditor about procurement after the last audit
committee meeting and other members could do so as well. Mayor Paul continued to say that if
a procurement subcommittee were ad hoc, it would be Chair Moore and Mayor Paul seeing the
item on April 19th and suggested not making it a formally recorded motion. Leung clarified that
staff wanted to bring the procurement report to the April 19th City Council meeting. Mayor Paul
suggested that Committeemembers do their due diligence and reach out to staff on follow-up
items.
OLD BUSINESS
None.
STAFF AND COMMITTEE REPORTS
5. Staff report out on City Council Workshop on Commissions and Committees Workshop
Alfaro noted that, at the 2/15 Council meeting, staff recommended City Council reorganize the
Fiscal Strategic Committee, making it a Finance Committee and reorganizing some of the Audit
Committee's duties to that committee, such as budget format, the quarterly investment report,
and the monthly treasurer's report. Staff recommended making the Audit Committee's
responsibility the Internal and External Audit functions to address workload issues. Council
reviewed the recommendations but did not move them forward and wanted to report back to
Audit Committee. Chair Moore asked about the Economic Development Committee. Alfaro
noted that the Economic Development Manager and Deputy City Manager were working on that.
Chair Moore said she would like to know the status of that committee and how far along they
were in codifying it. No public comment. Mayor Paul stated that the Council's direction related
to economic development and fiscal strategic was to fold them into a newly formed Economic
Development Committee. He also said that it would be a good time to start identifying roles
useful in the upcoming fiscal year. Chair Moore noted that in the Moss Adams report, three
committees or commissions need to be codified. Chair Moore asked the staff when they were
working with Moss Adams to let them know we had that issue.
FUTURE AGENDA SETTING
Chair Moore said she wanted to see the Audit Committee work plan and Orders of the Day added
to the agenda. Vice Chair Chen proposed a review of the unrestricted ending fund balance policy.
Alfaro noted that it was part of the budget document. Staff would provide the updated policy to
committee members and the budget sub-committee could review it. Chair Moore would like to
bring this back as an informational item. Mayor Paul agreed with that notion.
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ADJOURNMENT
The meeting adjourned at 5:25 p.m.
Recording Secretary:
Janet Liang, Administrative Assistant