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HomeMy WebLinkAboutFinance Committee Agenda - March 24, 20141 This Finance Committee is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Finance Committee’s agenda be posted at least seventy-two (72) hours in advance of each regular meeting and that the public be allowed to comment on agenda items before the Finance Committee and items not on the agenda but are within the subject matter jurisdiction of the Finance Committee. The Finance Committee may limit public comments to a reasonable amount of time, generally three (3) minutes per person. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (“ADA”) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. If requested, this agenda will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Please contact the City Clerk’s Office at least forty-eight (48) hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible at (949) 644-3005 or cityclerk@newportbeachca.gov. CITY OF NEWPORT BEACH FINANCE COMMITTEE AGENDA Newport Coast Conference Room, Bay 2E 100 Civic Center Drive, Newport Beach Monday, March 24, 2014 – 4:00 PM Finance Committee Members: Staff Members: Mike Henn, Council Member, Chair Keith Curry, Council Member Tony Petros, Council Member Dave Kiff, City Manager Dan Matusiewicz, Finance Director Steve Montano, Deputy Finance Director ____________________________________________________ 1) CALL MEETING TO ORDER 2) ROLL CALL 3) PUBLIC COMMENTS Public comments are invited on agenda and non-agenda items generally considered to be within the subject matter jurisdiction of the Finance Committee. Speakers must limit comments to 3 minutes. Before speaking, we invite, but do not require, you to state your name for the record. The Finance Committee has the discretion to extend or shorten the speakers’ time limit on agenda or non-agenda items, provided the time limit adjustment is applied equally to all speakers. As a courtesy, please turn cell phones off or set them in the silent mode. 4) APPROVAL OF MINUTES Approval of the November 18, 2013 Finance Committee meeting minutes. 5) CURRENT BUSINESS A. Review of June 30, 2013 Audit Results: Review results of the June 30, 2013 financial audit and audit of Federal Funds (Single Audit). B. 2014 Finance Committee Workplan Overview: Staff will seek approval of tentative Finance Committee agenda topics scheduled for the year. C. Enterprise Resource Planning (ERP) Update: Review status of ERP selection process and tentative implementation plan if contract is approved by Council. This item will give 2 opportunity for Committee Members to ask questions or request more information in advance of formal Council action. D. Discretionary Reserve Level Discussion: City reserves are critical financial tool used for strategic planning and managing risk. Council Reserve Policy, F-2, establishes the framework and parameters of the City’s discretionary reserves. It is important to periodically reevaluate this policy to make sure it remains current with strategic objectives and financial risks faced by the City. Staff will review this policy at a summary level, recommend certain adjustments and seek Committee comment and direction. 6) FINANCE COMMITTEE ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) 7) ADJOURNMENT All documents distributed for this meeting are available in the administration office of the Finance Department 1 CITY OF NEWPORT BEACH CITY COUNCIL FINANCE COMMITTEE NOVEMBER 18, 2013 MEETING MINUTES 1. CALL TO ORDER The meeting was called to order at 4:00 p.m. in the Newport Coast Conference Room, Bay 2E, 100 Civic Center Drive, Newport Beach, California 92660. 2. ROLL CALL Present: Council Member Mike Henn (Chair), Mayor Keith Curry and Council Member Tony Petros Staff present: City Manager Dave Kiff, Deputy City Manager Terri Cassidy, Finance Director Dan Matusiewicz, Deputy Finance Director Steve Montano, Budget Manager Susan Giangrande and Administrative Coordinator Tammie Frederickson Members of the public: Jim Mosher, Carl Cassidy 3. PUBLIC COMMENTS Mr. Jim Mosher inquired on the status of the Finance Committee work plan for the coming year; commented on possible public interest in the two reports posted by Finance staff about development fees showing what fees have been collected and how the fees were used during the last fiscal year; and he expressed that he has no intention of pursuing an appeal to the courts on the alleged Brown Act violations which was the subject of the last Finance Committee meeting. He reminded the Committee that the City Attorney stated discussions with the majority of elected officials of a legislative body must take place only at noticed meetings and there are no exceptions. Mr. Mosher commented on the trash contract and noted the financial decision whether or not to outsource was based on savings. He believed it was unfair to have placed the burden on the trash collectors of demonstrating that insourcing was economical and feasible. He questioned the accuracy of recycling figures provided by CR&R and noted some members of the public may feel misled by information from CR&R regarding sending green waste to the landfill. This is because that may not be possible in the future and would then require implementation of a more expensive program. 4. APPROVAL OF MINUTES Mayor Curry instructed a correction to his statement on page 2 from “…a waste of taxpayer time and effort” to “…a waste of taxpayer money.” Mayor Curry moved, Council Member Petros seconded to approve the minutes of the October 15, 2013, Finance Committee meeting with the above correction. The Committee voted all ayes to approve the minutes. All documents distributed for this meeting are available in the administration office of the Finance Department 2 5. CURRENT BUSINESS A. Review of Public Employees Retirement System (PERS) Valuations Finance Director Dan Matusiewicz reviewed a presentation on the June 30, 2012, CalPERS Actuarial Valuations used to determine the 2014-15 contribution rates for safety and miscellaneous employees. The slideshow illustrated pension fundamentals; pension risks; retirement contributions; historical components of pension funding; the relationship between investment return and pension cost; CalPERS historic investment returns; plan cost variables such as mortality, investment returns, industrial disability retirements and workforce size; and a CalPERS timeline of historical decisions that affected actuarial assumptions. Mr. Matusiewicz reviewed the new CalPERS asset smoothing methodology which will impact contribution rates starting in fiscal year 2016 and will result in a better funded plan with more stability. The previous actuarial value approach for the determination of rates is being eliminated. The difference between the actuarial value basis and market value basis is $88.9 million which will be added to the unfunded liability and phased into rates over 5 years. Council Member Henn questioned whether the smoothing of the $88.9 million is readjusted every year during the 5-year period if the asset value changes. Mr. Matusiewicz responded that a successive trapezoid-shaped amortization base is added to the schedule each year. The amortization base can be positive or negative depending on whether there is a net actuarial gain or loss for the year. Mr. Matusiewicz went on to discuss projected PERS rates and pension costs. He noted that under the old methodology the unfunded liability continued to creep upwards each year and he illustrated an analogy of a homeowner refinancing a 30-year mortgage every year. He stated that under the new methodology the unfunded liability over a period of time will look very different than the old methodology. Referring to the mortgage analogy, this smoothing methodology will result in truly paying down the mortgage instead of refinancing every year. Mayor Curry added that under the new methodology the unfunded liability gets recalculated every year and is affected by factors such as mortality rates and investment assumptions. Council Member Henn commented there will be new deficits created over time but it will be paid off at the end of the 30-year amortization period. Council Member Petros agreed that the City has taken a responsible approach with steps already made to reduce our costs but he believed the unfunded liability will never go away. He suggested that the Council should express support for the efforts San Jose Mayor Reed is undertaking on a potential pension reform ballot measure. Mr. Matusiewicz spoke on the projected pension cost increases and noted in six years the employer contribution will increase $10 million. Council Member Henn remarked we should find a way to message the good things the City is doing such as the advance payments that were made, the shift to a fully amortizing methodology the City elected ahead of CalPERS, the reductions in employment All documents distributed for this meeting are available in the administration office of the Finance Department 3 levels, and the fact that employees are paying a portion of the employer costs. Mayor Curry commented that by the end of the next fiscal year, employees will have gone from paying $0 to $7 million a year in costs; that is substantial progress and there is the possibility of employees picking up a portion of the increased cost, particularly safety employees. Council Member Henn advised against using percentages in discussions and to stick with using dollar amounts. Mr. Matusiewicz noted in terms of the unfunded liability, the City was fully funded in 2007 on a market value basis. He commented that 60% of the pension benefit obligation is associated with separated employees and 40% is associated with active members. Mayor Curry remarked the footnote on that slide should be corrected because it was not in sync with the percentages shown in the pie chart. More actuarial changes on the horizon will likely impact 2015-16 rates, including a possible 0.25% reduction to the discount rate, a new experience study looking at mortality and disability retirement assumptions, a review of the investments strategy and GASB Statement No. 68 requirement to report unfunded pension liability on the balance sheet. This reporting requirement this will not change our means of funding the pension liability. As previously noted by members of the Finance Committee, the latest actuarial valuation does not reflect steps taken by the City Council toward pension reform. Council Member Henn insisted that it is important to find a way to express the fact in dollars. It is important to reflect the fiscal impact of decisions that have a substantive benefit in reducing the liability beyond what it otherwise would have been. Mr. Matusiewicz concluded the presentation with his recommendations to continue with maintaining reasonable employee contributions, seeking opportunities for staffing efficiencies to keep payroll in check, and consider the use of reserves to accelerate payments on the unfunded liability so as to avoid the interest that accrues to the City from the liability. Mayor Curry further recommended an increase to employee contributions, especially safety employees. He added another key element is to constrain compensation growth. Council Member Henn commented that as contract negotiations begin it is important in terms of policy direction to understand compensation distinctions and how to control payroll cost growth. Deputy City Manager Terri Cassidy noted that some agencies have made a policy decision to only hire new hires as opposed to laterals. City Manager Kiff remarked that would result in possibly replacing top executives with someone from the private sector who has never been in PERS but it is something for the Council to consider. Council Member Henn stated the recommendations are not ready to go forward and that Council needs to have a thoughtful discussion about the recommendations and establish the policy direction Council wants to take. He directed staff to bring back an expanded list of aggressive policy options and include a dollar value expressed for the steps already taken toward reducing the cost through negotiated increases in employee contributions. Mayor Curry All documents distributed for this meeting are available in the administration office of the Finance Department 4 added it should be explained that the $89 million increase in the liability is the result of CalPERS changing the assumptions and calculations in a way that states the number in a much different way than it was a year ago. Mr. Mosher commented it would be useful to the public to understand how the various formulas work for calculating employee pensions. Mr. Kiff remarked the CalPERS website provides information on pension formulas. B. Quarterly Financial Review Q4 FY 2012-13 and Q1 FY 2013-14 Deputy Finance Director Steve Montano went over the financial results for the fourth quarter of fiscal year 2012-13, the period between April 1 and June 30. Newport Beach continues to be a prosperous and financially secure municipality due to the strong underlying tax base, strong governance and disciplined fiscal decisions. He reviewed the “Top 3” revenue sources which are property tax, sales tax and transient occupancy tax (TOT), and he reported increases higher from the prior fiscal year for each of the three sources. In response to Council Member Petros’ question regarding why the sales tax year-to-date actual is lower than the amended budget, Mr. Matusiewicz explained the State Board of Equalization made a large adjustment for some funds that were misallocated to the City. Mr. Montano concluded that overall in FY 2013-13, the net increase to the City’s General Fund reserve was $2.6 million. Council Member Henn asserted there was a positive $7.4 million revenue variance and a $5 million positive expenditure variance, which amounts to a$12.4 million positive variance on an operating basis. He pointed out the policy decision made to transfer $11.6 million out of the General Fund to reserves. Mayor Curry commented it is important to get the message out that the $12.4 million operating variance was achieved through reduced expenditures and higher revenue growth to finish the fiscal year with a budget surplus over the adopted budget. Putting the number in perspective, Mayor Curry stated the surplus is 150% higher than the $8 million debt service cost for City Hall, or from another perspective the surplus would cover six years of the $2 million yearly pension cost increase. He emphasized the City continues to be in strong shape and will continue stringent efforts to reduce pension liability costs. Council Member Henn remarked that achieving the budget surplus is a mark of distinction to those who operate the City and a view of the operating performance should be isolated and highlighted. In response to a question raised by Mayor Curry, Mr. Montano replied the aggregate total reserves, which include discretionary and committed reserves, total $130 million. Mr. Matusiewicz noted the Facilities Reserve currently includes committed money that has not yet been set aside for a couple of capital projects, namely Marina Park and Sunset Ridge. Council Member Henn asked staff to find a consistent methodology for expressing the amount of available reserves. Mayor Curry declared the City’s reserves are at their highest level in the 108 year history of the City. He stated it is important for the taxpayers to know that in terms of how we’re being good stewards of the City finances. Council Member Petros pointed out that for policy making, it is vitally important to report All documents distributed for this meeting are available in the administration office of the Finance Department 5 consistently and correctly the reserve amount and how you arrive at that amount. Mr. Montano went on to report on the first quarter for fiscal year 2014-15, the period between July 1 and September 30. As is typically the case, much of the revenue lags during the first quarter, such as property tax and sales tax. He noted the TOT which reflects 26% of revenue covers the summer months. Council Member Petros questioned whether the housing market is keeping pace with the fourth quarter as reported. Mr. Montano responded it is too early to offer any projected increase over what was conservatively budgeted. In response to a question raised by Council Member Petros, Mr. Kiff said the information on CalPERS was included in the draft Quarterly Financial Report because PERS released the actuarial reports and this is an opportunity to help educate the public on the issue. Council Member Henn expressed that the CalPERS discussion is not relevant to the financial report and the conclusion for the first quarter should be a positive indication that the budget is on track. Mr. Henn preferred a separate PERS primer document that addresses some of the pension issues. Mr. Mosher inquired about the charts and suggested a revision for clarification to the column heading “Percent of 2012/13 Budget Realized.” He also questioned whether the Top 3 components are consistent with the Performance Plan that shows a large amount of funds coming from fees for services yet there is no mention of these funds or the tidelands fund in the financial report. Mr. Matusiewicz responded that this is the first year a separate tidelands report was published to address issues raised by the State Lands Commission. Agreement was expressed to include some verbiage in the quarterly financial report on the expanded tidelands financial report. C. Budget Process Strategy and Roadmap Budget Manager Susan Giangrande discussed the fiscal year 2014-15 budget process. The budget will be compiled using new budgeting software technology that will bring more structure and efficiency to the budgeting process. Ms. Giangrande spoke about the improved reporting and expanded capability features of the software, City Vision. She reviewed highlights and a timeline for the new Enterprise Resource Planning (ERP) program selection and implementation process with modules phased in over time through mid-2017. Ms. Giangrande gave an overview of the 2014-15 budget calendar. Council Member Petros stated that during the budget review process, he is interested in addressing staffing and project management oversight which appears to constrain the capacity to execute capital projects. Council Member Henn commented the revenue assumptions included in the roadmap are conservative and the Committee Members did not express any concerns with the conservative nature of the assumptions. The discussion moved on to expenditures wherein Mr. Kiff suggested that at the January Council goal All documents distributed for this meeting are available in the administration office of the Finance Department 6 setting session there could be further discussion on the Council priorities for completing capital projects faster. He commented that operationally the next year will include changes to trash collection service, a consultant’s study on fire and emergency medical services that may result in a change, the class and compensation study as well as the new ERP will result in operational changes, and maintenance and operation of higher technology buildings including OASIS and the Civic Center. Mr. Kiff spoke on citizen engagement in the budget process and said he is open to suggestions on how to achieve a dialogue with the public to help them better understand various aspects of putting together the City’s budget. Mr. Cassidy encouraged promoting the work of this Committee to members of the public. He stated his belief that the public would benefit from the opportunity to listen to the discussion and interaction with staff. Mr. Cassidy thanked the Committee Members and staff for the breaking down the information and he requested there always be monthly meetings of the Finance Committee. Mr. Mosher asked about how performance based budgeting fits in with the changes to the new budgeting software and the ERP. Council Member Henn explained performance based budgeting does not automatically tie in to a new ERP system. He stated the ERP will help facilitate steps towards performance based budgeting which he articulated as activities of the City defined and prioritized through its programs and an assignment of revenues and costs associated with the programs. The City Vision software is an enhanced reporting tool that is revenue and expenditure oriented. Ms. Giangrande commented that one new feature of City Vision will be the ability to report the full pension obligation and employee contribution in the fiscal year 2014-15 detail budget. On the topic of citizen engagement, Mr. Mosher commented it is disappointing in many areas and we have a long way to go to get the public actively engaged in financial matters. 6. FINANCE COMMITTEE ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Council Member directed staff to return with a pension summary and a 2014 work plan. 7. ADJOURNMENT The Finance Committee adjourned at 5:54 p.m. Filed with these minutes are copies of all material distributed at the meeting. All documents distributed for this meeting are available in the administration office of the Finance Department 7 Attest: Mike Henn, Chair Date Finance Committee Chair CITY OF NEWPORT BEACH FINANCE COMMITTEE AGENDA ITEM INFORMATION Agenda Item No_____ March 24, 2014 TO: HONORABLE CHAIR AND MEMBERS OF THE COMMITTEE FROM: Finance Department Dan Matusiewicz, Finance Director (949) 644-3123, DanM@newportbeachca.gov SUBJECT: FISCAL YEAR 2012-13 AUDITOR RECOMMENDATION SUMMARY: In connection with the City’s financial statement audit, the auditors have certain obligations to communicate the audit results with both City Council and management. The attached letters from the City’s auditors, White Nelson Diehl Evans fulfill those obligations for the required communication. DISCUSSION: The first audit letter is intended to communicate matters of particular significance that City Council should be aware of including: • Qualitative Aspects of Accounting Practices • Difficulties Encountered in Performing the Audit • Corrected and Uncorrected Adjustments • Disagreements with Management • Management Representations • Management Consultations with Other Independent Accountants • Other Audit Findings or Issues We are pleased to report that the auditors reported no instances of significant audit findings; difficulties encountered in connection with the performance of the audit; corrected or uncorrected adjustments; disagreements with management or other audit findings or issues. The second letter entitled “Independent Auditors’ report on Internal Control over Financial Reporting and on Compliance and Other Matters” is intended to communicate deficiencies, significant deficiencies or material weaknesses in internal control and instances of noncompliance or other matters. We are pleased to report that the auditors did not identify any deficiencies in internal control considered to be a material weakness that would result in more than a remote likelihood of a material misstatement of the financial statements or would not otherwise be prevented by the City’s internal controls. FY 2012-13 Auditor Recommendation March 24, 2014 Page 2 They also did not identify any instances of noncompliance or other matters that require specific communication to the governing body as promulgated by Government Auditing Standards. We are pleased to report that there were no management comments this year. Prepared by: Submitted by: Rukshana Virany Dan Matusiewicz Accounting Manager Finance Director Attachments: A. Auditor’s “Audit Committee Letter” B. Auditor’s “Report on Internal Control over Financial Reporting and on Compliance & Other Matters” 2875 Michelle Drive, Suite 300, Irvine, CA 92606 • Tel: 714.978.1300 • Fax: 714.978.7893 Offices located in Orange and San Diego Counties - 1 - To the Honorable Mayor and Members of the City Council of the City of Newport Beach Newport Beach, California We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Newport Beach (the City) for the year ended June 30, 2013. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our engagement letter dated May 3, 2013 and our meeting on planning matters with the finance committee on June 12, 2013. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. As discussed in Note 1d to the financial statements, the City incorporated deferred outflows of resources and deferred inflows of resources into the definitions of the required components of the residual measure of net position due to the adoption of Governmental Accounting Standards Board’s Statement No. 63, “Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position”. The adoption of this standard also provides a new statement of net position format to report all assets, deferred outflows of resources, liabilities, deferred inflows of resources, and net position. Also discussed in Note 1d to the financial statements, the City has changed its method for accounting and reporting certain items previously reported as assets or liabilities during fiscal year 2012-2013 due to the early adoption of Governmental Accounting Standards Board’s Statement No. 65, “Items Previously Reported as Assets and Liabilities”. The adoption of this standard required retrospective application resulting in a $1,132,169 reduction of previously reported net position as of the beginning of the year for the governmental activities. No other accounting procedures were adopted and the application of other accounting policies was not changed during the year ended June 30, 2013. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. - 2 - Significant Audit Findings (Continued) Qualitative Aspects of Accounting Practices (Continued) The most sensitive estimates affecting the City’s financial statements are as follows: a. Management’s estimate of the fair market value of investments, which is based on market values provided by outside sources. b. Management’s estimate of the value of capital assets (infrastructure assets) is based on industry standards. c. The estimated useful lives of capital assets for depreciation purposes are based on industry standards. d. The funded status and funding progress of the public defined benefit plans with CalPERS are based on actuarial valuations. e. The annual required contribution and actuarial accrued liability for the City’s Other Post-Employment Benefit Plan is based on certain actuarial assumptions and methods prepared by an outside consultant. f. The total estimated cost to fund the Early Retirement Incentive Program is based on amounts provided by the third-party administrator. g. Management’s estimate of the claims payable liabilities related to general liability and worker’s compensation claims are based on actuarial valuations. We evaluated the key factors and assumptions used to develop these estimates in determining that they were reasonable in relation to the financial statements taken as a whole. Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting the financial statements were reported in Note 8 regarding claims payable, Note 10 regarding the CalPERS defined benefit plans, Note 11 regarding the City’s Early Retirement Incentive Program (ERIP), and Note 13 regarding the City’s Other Post-Employment Benefit Plan. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit’s financial statements taken as a whole. - 3 - Significant Audit Findings (Continued) Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated December 24, 2013. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the City’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters With respect to the supplementary information accompanying the financial statements, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. This information is intended solely for the use of management, the City Council and others within the City and is not intended to be and should not be used by anyone other than these specified parties. Irvine, California December 24, 2013 2875 Michelle Drive, Suite 300, Irvine, CA 92606 • Tel: 714.978.1300 • Fax: 714.978.7893 Offices located in Orange and San Diego Counties - 149 - INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS The Honorable Mayor and Members of City Council City of Newport Beach Newport Beach, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Newport Beach, California (the City), as of and for the year ended June 30, 2013, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements and have issued our report thereon dated December 24, 2013. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the City’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. - 150 - Compliance and Other Matters As part of obtaining reasonable assurance about whether the City’s financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Irvine, California December 24, 2013 CITY OF NEWPORT BEACH FINANCE COMMITTEE AGENDA ITEM INFORMATION Agenda Item No. March 24, 2014 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE COMMITTEE FROM: Finance Department Steve Montano, Deputy Finance Director (949) 644-3240 or Smontano@NewportBeachCA.gov SUBJECT: Finance Committee 2014 Work Plan SUMMARY Staff will present and seek approval of tentative Finance Committee agenda topics scheduled for the year. Prepared and Submitted by: _____________________________ Steve Montano Deputy Finance Director Attachment: 2014 Finance Committee Work Plan 03/20/2014 \\cnb\data\Users\FIN\Shared\Admin\Finance Committee\Meeting Files\2014\2014 Finance Committee Workplan Overview 1 Scheduled Date Agenda Title Agenda Description 3/24/2014 Review of June 30, 2013 Audit Results Review results of the June 30, 2013 Financial Audit and audit of Federal Funds (Single Audit). The auditor may wish to discuss any changes in accounting standards or disclosures that may be relevant for the forthcoming audit year(s). The committee will have an opportunity to discuss any potential areas of audit concern at this time but committee members are also welcome to contact the auditors directly anytime during the course of the year.2014 Work Plan Overview Staff will seek approval of tentative Finance Committee agenda topics scheduled for the year. Enterprise Resource Planning (ERP) Update Review status of ERP selection process and tentative implementation plan if contract is approved by Council.Discretionary Reserve Policy Review City reserves are a critical financial tool used for strategic planning and managing risk. Council Reserve Policy, F-2, establishes the framework and parameters of the City’s discretionary reserves. It is important to periodically reevaluate this policy to make sure it remains current with strategic objectives and financial risks faced by the City. Staff will review this policy at a summary level, recommend certain adjustments and seek Committee comment and direction. 4/28/2014 Quarterly Financial Review Staff will present Q3 financial results prior to the publication of the Quarterly Business Report. Facilities Financial Plan Tool (FFPT) Update Staff will present an updated version of the FFPT that incorporates further refinements of the scope, time and cost of potential projects. Review of Proposed Budget Staff will provide an overview of the 2014-15 Proposed Budget.Special Event Funding Recommendations Staff will present the results of the Special Event Funding Application process and review staff funding recommendations. 7/21/2014 Annual Investment Policy Review Staff will present its annual review of the City's investment policy and seek approval and guidance from the Finance Committee regarding the scope, objectives, and standards that govern the City's investment portfolio.Annual Investment Performance Review Staff and/or one or more investment advisors will describe the performance of the City's investment portfolio.CALPERS Unfunded Liability Review and White Paper Staff will introduce a white paper that describes the City’s pension benefit plan and the City’s efforts to manage its financial exposure to rising pension liabilities while at the same time maintaining its support for promised benefits. Staff will provide clarifying information on the CalPERS changes regarding employer contribution rates, how the impact of actuarial studies (e.g. payroll growth, mortality, wage inflation, discount rate, etc.) impact employer rates, and alternatives for selecting the best funding policy going forward. 11/17/2014 Quarterly Financial Review Q1 FY 14/15 Staff will present Q1 financial results prior to the publication of the Quarterly Business Report. Preliminary Year-End Results and the Q4 FY 13/14 Financial Report Staff will present the preliminary year-end closing results for FY 13/14 and the Q4 financial results.Overview of CalPERS Actuarial Valuations Review latest CalPERS Actuarial Valuations setting FY 2015-16 rates. Discretionary Reserve Policy Review This will be a second review of the City's discretionary reserve levels. November 2014 City of Newport Beach Finance Committee 2014 Work plan March 2014 April 2014 July 2014 CITY OF NEWPORT BEACH FINANCE COMMITTEE AGENDA ITEM INFORMATION Agenda Item No. March 24, 2014 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE COMMITTEE FROM: Finance Department Steve Montano, Deputy Finance Director (949) 644-3240 or Smontano@NewportBeachCA.gov SUBJECT: ERP Update SUMMARY Staff will discuss the attached staff report. Prepared and Submitted by: _____________________________ Steve Montano Deputy Finance Director Attachment: Consideration of Agreement for Integrated Enterprise Resource Planning Software System (ERP) and Implementation Services (Tyler Technologies Inc.) CITY OF NEWPORT BEACH FINANCE COMMITTEE AGENDA ITEM INFORMATION Agenda Item No. March 24, 2014 TO: HONORABLE CHAIR AND MEMBERS OF THE COMMITTEE FROM: Finance Department Dan Matusiewicz, Finance Director (949) 644-3123 or danm@newportbeachca.gov SUBJECT: DISCRETIONARY RESERVE POLICY REVIEW ABSTRACT: Several Council members have inquired about the appropriate level and rational behind the reserves we maintain. This agenda item will provide the basis for a discussion on how we look at our reserves and are they too much relative to strategic and risk management objectives. DISCUSSION: Reserves are the cornerstone of financial flexibility. They provide our City with options to respond to unexpected issues and afford a buffer against shocks and other forms of risk. They also provide us with the means to address community priorities such as improving community serving facilities, emergency communications infrastructure, information technology, and other strategic initiatives to enhance the long-term financial well being of the City. City reserves, therefore, represent the combination of both strategic savings efforts and risk management measures. A summary of discretionary reserve parameters are included in Attachment A which outline the parameters in Council Policy F-2 and other reserve policies. Implemented in 2011, the Governmental Accounting Standards Board (GASB) Statement 54 requires the City to categorize governmental fund balances in a hierarchy according to their level of restrictiveness as illustrated in the following table: GASB 54 (Fund Balance Classification) Non-Discretionary 1 Non-Spendable (Not Readily convertible to cash) 2 Restricted (Externally Restricted) Discretionary 3 Committed (Council Restricted)* 4 Assigned (City Manager earmarked/intent) 5 Unassigned (No other level of restriction) Discretionary Reserve Policy Review March 24, 2014 Page 2 * It is important to note that there is not universally accepted industry practice that “committed” funds are truly available to the government in the event of a financial necessity. Examples and a more detailed description of each of the classifications are included in the Reserve Policy F-2 (Attachment B). How does the City Define Available Reserves? At the Finance Committee meeting, staff will illustrate how this City determines what reserves would be available in the event of an emergency. Staff will also attempt to address the question “How much is too much?” Proposed Changes to Discretionary Reserves Initial staff recommendations include the following amendments to the policy. I. Increase the Contingency Reserve from 15% of General Fund “Operating Budget” to 25% of General Fund “Operating Budget.” The City maintains a reserve for contingencies in the spirit of planning for what you cannot foresee. As a minimum balance for this reserve, the City sets aside 15% its operating expenditures for this purpose. The Government Finance Officers Association (GFOA) recommends, at a minimum, that general-purpose governments, regardless of size, maintain unrestricted fund balance in their General Fund of no less than two months regular General Fund operating revenues or expenditures, which is equivalent to a 17% contingency reserve. Credit rating agency Standard and Poors (S&P) considers an adequate level of “fund balance” to be a credit strength because the level of fund balance measures the flexibility of an issuer to meet essential services during transitionary periods. S&P considers 15% of annual operating expenditures to be an adequate level. After conducting a survey of cities in California similar to Newport Beach, staff found contingency reserve requirements mostly in excess of 15% and in the range of 20% to 25% of operating budget. Last week S&P affirmed this rating again to the investors noting our, excellent financial management, an outstanding economic base and healthy reserves, in their rationale. In order to maintain an adequate level of creditworthiness among credit rating agencies and considering the current planned spend down of unassigned reserves, staff believes that increasing the contingency reserve to 25% of General Fund operating budget is a prudent action at this time. Discretionary Reserve Policy Review March 24, 2014 Page 3 II. Transfer the City’s Contingency Reserve Designation from the “Committed” to the “Unassigned” GASB 54 Classification Category Because of the importance of unreserved or “unassigned” fund balance to the credit rating agencies’ evaluation of a local government’s creditworthiness, it is appropriate to consider their primary concerns. One important consideration is that governments have an adequate level of financial resources to ensure the timely payment of principal and interest on their outstanding debt. Of particular importance to the credit rating agencies is the size of available (not otherwise committed or restricted) “fund balance.” Because a large portion of the City’s fund balance (an excess of $22 million) is contained within the “committed” classification, we have learned that rating agencies, without careful investigation, may consider this portion of fund balance as unavailable. Staff proposes the transfer of the City’s Contingency Reserve designation from the “Committed” back to the “Unassigned” GASB 54 classification. Policy restrictions would remain similar but with less specifics in order to be classified as unassigned. CONCLUSION: Staff welcomes the Finance Committee’s input on these recommendations. Finance staff will formally bring any approved recommendations back to the Finance Committee and to Council for formal approval. Prepared by: Submitted by: /s/Steve Montano /s/Dan Matusiewicz Steve Montano Dan Matusiewicz Deputy Finance Director Finance Director City Target Contingency Reserve Newport Beach 15% of General Fund Operating Budget excluding CIPs & transfers out Huntington Beach Two months (17%) of General Fund adopted expenditure budget Irvine 20% of General Fund Expenditures Beverly Hills 25% of operating revenues Santa Monica $9.7M Economic Uncertainty Reserve; 10% Emergency Reserve. 14% total Santa Barbara 25% of operating budget; 15% for Disaster Reserve + 10% for Contingency Reserve Carlsbad 40%-50% of General Fund Expenditures with a minimum of 30% (to provide for 3-6 months of operations) Santa Cruz Minimum of two months of General Fund adopted expenditure budget (17%). Coronado About 6 months of General Fund expenditures and another $1 Million in Emergency (stabilization reserves) Mission Viejo 15% of General Fund Revenues Discretionary Reserve Policy Review March 24, 2014 Page 4 Attachments: A. Summary of Discretionary Reserve Parameters B. Council Policy F-2 Reserve Policy Summary of Discretionary Reserve Parameters Reserve Name Purpose Minimum Revenue Set-Aside Recommendation Discretionary Reserves Strategic Savings Facilities Financial Planning Reserve Facility Replacement Max. Annual Debt Service + Project Needs As determined by Facilities Financial Planning Tool (FFPT) Facilities Maintenance Plan Major Facility Maint.No Policy As determined by Facilities Maintenance Plan (Vertex) Equipment Replacement Equipment Replacement 50% of Accumulated Depreciation on RV basis Rates sets annually based on projected replacement needs IT Strategic Fund System Replacement No Minimum Rates sets annually based on projected replacement needs Public Arts Reserve Public Arts Facilities No Minimum 2% of Public Benefit Fees - Developer Agreements Cross Reference Policy I-13 Oceanfront Encroachment Reserve Revenue Agreement No Minimum 100% of Oceanfront Encroachment permit fee revenue Sr. Center and Rec. Facility Rental Reserve Equipment Replacement No Minimum 10% Facility Rental Services Off Street Parking Neighborhood Parking No Minimum 50% of parking meter revenues in designated areas Paramedic Program Program Refresh No Minimum Hoag Contribution & Program Income Eliminate when funds are utilized Recreational Instruction Equipment Replacement No Minimum 10% to 20% of specified recreation classes Senior Fitness Center Reserve Equipment Replacement No Minimum 10% of fitness center membership fees In Lieu Parking Neighborhood Parking No Minimum Annual fees to use municipal lot Neighborhood Enhancement A Neighborhood Vitalization No Minimum Parking meter revenues in designated areas Neighborhood Enhancement B Neighborhood Vitalization No Minimum 50% of parking meter revenues in designated areas Cable Franchise Public Access Channel No Minimum Cable Franchise START Program Paramedic Triage Video Program No Minimum Excess revenues generated by sales of training videos/materials Oil and Gas Reserve Well Improvements No Minimum $40,000 of oil and gas field production revenues annually Capital Reappropriations Reserves Reappropriated CIPs None Unspent Capital Projects Reappropriated to the next FY Risk Management Contingency Reserve Unexpected or Extraordinary events 15% of Operating Budget Increase to 25% of Operating Budget Worker's Compensation Prefunding Liability Exceed actuary's "Expected Level"Rates charged to departments to fund expected liability. General Liability Prefunding Liability Exceed actuary's "Expected Level"Rates charged to departments to fund expected liability. Retiree Insurance Prefunding Liability None Rates set annually to match expected liability. Compensated Absences Prefunding Liability 3-year average of annual cash flows 3.5% of Employee salaries PERS Rate Reserve Extraordinary Rate Changes No Minimum No Policy Unassigned Residual No Minimum Residual Fund balance Reclass Contingency Reserve to Unassigned Fund Balance Enterprise Fund Reserves Water Fund Stabilization and Contingency Rate Stabilization and Contingency 50% of Annual Operating Budget Infrastructure Replacement Infrastructure Replacement None Per recommendations from Water Master Plan Wastewater Fund Stabilization and Contingency Rate Stabilization and Contingency 50% of Annual Operating Budget Infrastructure Replacement Infrastructure Replacement None Per recommendations from Water Master Plan F-2 1 RESERVE POLICY PURPOSE To establish City Council policy for the administration of Reserves defined as fund balances in governmental funds and net working capital in proprietary funds. BACKGROUND Prudent financial management dictates that some portion of the funds available to the City be reserved for future use. As a general budget principle concerning the use of reserves, the City Council decides whether to appropriate funds from Reserve accounts. Even though a project or other expenditure qualifies as a proper use of Reserves, the Council may decide that it is more beneficial to use current year operating revenues or bond proceeds instead, thereby retaining the Reserve funds for future use. Reserve funds will not be spent for any function other than the specific purpose of the Reserve account from which they are drawn without specific direction in the annual budget; or by a separate City Council action. Information regarding Annual Budget Adoption and Administration is contained in City Council Policy F-3. GOVERNMENTAL FUNDS AND FUND BALANCE DEFINED Governmental Funds including the General Fund, Special Revenue Funds, Capital Projects Funds, Debt Service Funds and Permanent Funds have a short-term or current flow of financial resources, measurement focus and basis of accounting and therefore, exclude long-term assets and long-term liabilities. The term Fund Balance, used to describe the resources that accumulate in these funds, is the difference between the fund assets and fund liabilities of these funds. Fund Balance is similar to the measure of net working capital that is used in private sector accounting. By definition, both Fund Balance and Net Working Capital exclude long-term assets and long-term liabilities. PROPRIETARY FUNDS AND NET WORKING CAPITAL DEFINED Proprietary Funds including Enterprise Funds and Internal Service Funds have a long- term or economic resources measurement focus and basis of accounting and therefore, include long-term assets and liabilities. This basis of accounting is very similar to that used in private sector. However, instead of Retained Earnings, the term Net Assets is used to describe the difference between fund assets and fund liabilities. Since Net F-2 2 Assets include both long-term assets and liabilities, the most comparable measure of proprietary fund financial resources to governmental Fund Balance is Net Working Capital, which is the difference between current assets and current liabilities. Net Working Capital, like Fund Balance, excludes long-term assets and long-term liabilities. GOVERNMENTAL FUND RESERVES (FUND BALANCE) For Governmental Funds, the Governmental Accounting Standards Board (“GASB”) Statement No. 54 defines five specific classifications of fund balance. The five classifications are intended to identify whether the specific components of fund balance are available for appropriation and are therefore “Spendable.” The classifications also are intended to identify the extent to which fund balance is constrained by special restrictions, if any. Applicable only to governmental funds, the five classifications of fund balance are as follows: CLASSIFICATIONS Non-spendable NATURE OF RESTRICTION Cannot be readily converted to cash Restricted Externally imposed restrictions Committed City Council imposed commitment Assigned City Manager assigned purpose/intent Unassigned Residual balance not otherwise restricted A. Non-spendable fund balance: That portion of fund balance that includes amounts that are either (a) not in a spendable form, or (b) legally or contractually required to be maintained intact. Examples of Non-spendable fund balance include: 1. Reserve for Inventories : The value of inventories purchased by the City but not yet issued to the operating Departments is reflected in this account. 2. Reserve for Long Term Receivables and Advances : This Reserve is used to identify and segregate that portion of the City’s financial assets which are not due to be received for an extended period, so are not available for appropriation during the budget year. 3. Reserve for Prepaid Assets: This reserve represents resources that have been paid to another entity in advance of the accounting period in which the resource is deducted from fund balance. A common example is an insurance premium, which is typically payable in advance of the coverage period. Although prepaid F-2 3 assets have yet to be deducted from fund balance, they are no longer available for appropriation. 4. Reserve for Permanent Endowment - Bay Dredging : The endowment specifies that the principal amount will not be depleted and represents the asset amounts to be held in the Bay Dredging Fund. 5. Reserve for Permanent Endowment - Ackerman Fund : The endowment specifies that the principal amount will not be depleted and represents the asset amount to be held in the Ackerman Fund. B. Restricted fund balance : The portion of fund balance that reflects constraints placed on the use of resources (other than non-spendable items) that are either (a) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments; or (b) imposed by law through constitutional provisions or enabling legislation. Examples of restricted fund balance are: 1. Reserve for Debt Service : Funds are placed in this Reserve at the time debt is issued. The provisions governing the Reserve, if established, are in the Bond Indenture and the Reserve itself is typically controlled by the Trustee. 2. Affordable Housing : A principal provision of the Newport Beach Housing Element requires developers to provide housing units for lower income households, the number of which is to be negotiated for each development project. In lieu of constructing affordable housing, developers have paid into this reserve which is used at the City Council’s discretion to provide alternate methods for the delivery of affordable housing for lower income households. 3. Park In Lieu : Per NBMC 19.52 and California Government Code Section 664777 (The 1975 “Quimby Act”), a dedication of land or payment of fees for park or recreational purposes in conjunction with residential development is required. The fees collected can only be used for specific park or recreation purposes as outlined in NBMC 19.52.030 and 19.52.070. 4. Upper Newport Bay Restoration Reserve : This reserve is the repository for funds mandated by SB573, as well as special fees charged to permit holders as an alternative to meeting certain specified mitigation criteria. In addition to the mitigation fees, ten percent (10%) of Beacon Bay lease revenue is placed in this Reserve. Funds in the Reserve are restricted for Upper Newport Bay restoration projects. F-2 4 5. Permanent Endowment for Bay Dredging : The endowment also specifies that the interest earnings on the principal amount can only be used for dredging projects in the Newport Bay. 6. Permanent Endowment for Ackerman Fund : The endowment also specifies that the interest earnings on the principal amount can only be used for scholarships provided by the City. C. Committed fund balance : That portion of a fund balance that includes amounts that can only be used for specific purposes pursuant to constraints imposed by formal action by the government’s highest level of decision making authority, and remain binding unless removed in the same manner. The City considers a resolution to constitute a formal action for the purposes of establishing committed fund balance. The action to constrain resources must occur within the fiscal reporting period; however the amount can be determined subsequently. City Council imposed Commitments are as follows: 1. Contingency Reserve : The Contingency Reserve shall have a target balance of fifteen percent (15%) of General Fund “Operating Budget” as originally adopted. Operating Budget for this purpose shall include current expenditure appropriations and shall exclude Capital Improvement Projects and Transfers Out. Appropriation and/or access to these funds are reserved for emergency situations only. The parameters by which the Contingency Reserve could be accessed would include the following circumstances: a. A catastrophic loss of critical infrastructure requiring an expenditure of greater than or equal to five percent (5%) of the General Fund, Operating Budget, as defined above. b. A State or Federally declared state of emergency where the City response or related City loss is greater than or equal to five percent (5%) of the General Fund, Operating Budget. c. Any settlement arising from a claim or judgment where the loss exceeds the City’s insured policy coverage by an amount greater than or equal to five percent (5%) of the General Fund, Operating Budget. d. Deviation from budgeted revenue projections in the top three General Fund revenue categories, namely, Property Taxes, Sales Taxes and Transient Occupancy Taxes in a cumulative amount greater than or equal to five percent (5%) of the General Fund, Operating Budget. F-2 5 e. Any action by another government that eliminates or shifts revenues from the City amounting to greater than or equal to five percent (5%) of the General Fund, Operating Budget. f. Inability of the City to meet its debt service obligations in any given year. g. Any combination of factors 1) a.-f. amounting to greater than or equal to five percent (5%) of the General Fund, Operating Budget in any one fiscal year. Use of the Contingency Reserve must be approved by the City Council. Should the Contingency Reserve commitment be used, the City Manager shall present a plan to City Council to replenish the reserve within five years. 2. Facilities Financial Planning Reserve : In conjunction with the City’s Facilities Financial Plan, a sinking fund has been established to amortize the cost of critical City facilities such as, but not limited to, the Civic Center, Police Department buildings, Fire Stations, Library Branches and other Facility Improvement Projects. The Facilities Financial Planning Program establishes a level charge to the General Fund that will perpetually replenish the cash flows necessary to finance the construction of critical City facilities. This plan will be updated annually as part of the budget process, or as conditions change. The City shall strive to maintain fund balance in the Facilities Financial Planning Reserve at a level equal to or greater than the maximum annual debts of existing obligations. The eligible uses of this reserve include the cash funding of public facility improvements or the servicing of related debt. 3. Oceanfront Encroachment Reserve : In the early 1990’s, it was discovered by survey that improvements to several ocean front parcels were encroaching onto the public beach. The encroachment was relatively minor. The negotiated solution was for the property owners to pay a permit fee each year to the City. Revenue thus generated may only be used for ocean front restoration projects and incidental costs of improvements and maintenance to enhance public access and use of ocean beaches as approved by the City Council. This Reserve is the repository for those funds. City Council Policy L-12 contains additional background and details about the encroachment issue. 4. Senior Center and Recreation Facility Rental Reserve: City Council Policy B-2 requires ten percent (10%) of gross revenues derived from OASIS Senior Center F-2 6 and Recreation facilities rental fees to be set aside annually for equipment replacement and/or facility refurbishment. 5. Off Street Parking : Per NBMC 12.44.025 fifty percent (50%) of parking meter revenue collected in designated areas is set aside for acquisition, development and improvement of off street parking facilities within those areas. 6. Paramedic Program (Hoag) : In addition to the debt issuance agreements with Hoag Hospital which required an original deposit, effective July 1, 2000, any excess revenues generated by this program, after accounting for General City Overhead of fifteen percent (15%), were to be accumulated for future paramedic related purposes. Funds accumulated may be used only for paramedic related purposes as directed by the City Council. 7. Recreational Instruction : City Council Policy B-2 requires ten percent (10%) to twenty percent (20%) of gross annual revenues derived from specified recreational classes to be set aside for the refurbishment of certain recreational facilities, fee-based activity programs and equipment used in connection with fee-based recreation classes. 8. Senior Fitness Center Reserve : City Council Policy B-2 requires ten percent (10%) of the gross annual revenues derived from fitness center membership fees to be set aside and used for new or replacement fitness equipment. 9. In Lieu Parking : Per NBMC 12.44.125 the City requires commercial businesses to provide adequate off-street parking or where this is not possible, businesses are afforded the opportunity to pay an annual fee and use parking spaces in a municipal lot, providing such a lot is located within specified proximity to the business. These funds can only be used to provide additional parking. 10. Neighborhood Enhancement - A : NBMC 12.44.027 directs revenues from parking meters in Zone 9 shall be apportioned to this Neighborhood Enhancement A. Funds accumulated will only be used for the purpose of enhancing and supplementing services to the West Newport area. Both the nature of the supplemental services and the definition of the area served are set forth in the Code Section above. 11. Neighborhood Enhancement - B: NBMC 12.44.027 directs that fifty percent (50%) of revenues from parking meters in the Balboa Peninsula be apportioned to this Neighborhood Enhancement B. Funds accumulated will only be used for the purpose of enhancing and supplementing services in the Balboa Peninsula. Specific details are contained in the Code Section. F-2 7 12. Cable Franchise : Pursuant to the provisions of the Newport Beach Municipal Code, Title 5, Business Licenses & Regulations, Chapter 5.44, in return for the use of the City’s streets and public ways for the purpose of installing, operating, maintaining, or reconstructing a cable system to provide cable service, fees are collected by the City from cable providers. Those fees are to be used by the City for support of Public, Education, and Government access programming only. 13. START Program : The Fire Department's START Program developed by the Fire Department and Hoag Hospital helps prepare emergency personnel to quickly organize their resources to handle multi-casualty emergencies. Training video and training materials are sold to other agencies. Any excess revenues generated by this program shall only be used for production expenses related to future START training materials and to enhance paramedic, EMT, and MICN pre- hospital education as directed by the City Council. 14. Oil and Gas Reserve : The annual $40,000 which is being set aside from the oil and gas field production revenues is to be used to fund abandoned wells and facilities as they go out of service. D. Assigned fund balance : That portion of a fund balance that includes amounts that are constrained by the City’s intent to be used for specific purposes but that are not restricted or committed. This policy hereby delegates the authority to the City Manager or designee to modify or create new assignments of fund balance. Constraints imposed on the use of assigned amounts may be changed by the City Manager or his designee. Appropriations of balances are subject to Council Policy F-3 concerning budget adoption and administration. Examples of assigned fund balance may include but are not limited to: 1. Appropriations Reserves : This is a temporary repository for funds not yet fully appropriated in the annual budget. It is normally used during the budget process to set aside funds for known or strongly anticipated expenses that will need to be addressed by budget amendment during the budget year. Sometimes the dollar amount and/or appropriate account breakdown for such expenses cannot be specifically identified at the time the budget is adopted, even though the funds will be needed. In such cases, the funds will normally be budgeted to the Reserve for Appropriations. 2. Change in Fair Market Value of Investments: As dictated by GASB 31, the City is required to record investments at their fair value (market value). This accounting practice is necessary to insure that the City’s investment assets are shown at their true value as of the balance sheet. However, in a fluctuating F-2 8 interest rate environment, this practice records market value gains or losses which may never be actually realized. The City Manager may elect to reserve a portion of fund balance associated with an unrealized market value gain. However, it is impractical to assign a portion of fund balance associated with an unrealized market value loss. 3. PERS Rate Reserve : This Reserve may be established for the specific purpose of helping to smooth out the year-to-year fluctuations in PERS rates. When the City Manager or his designee authorizes a change in General Fund, Assigned Fund Balance, City Council shall be notified quarterly. E. Unassigned fund balance : The residual portion of available fund balance that is not otherwise restricted, committed or assigned. PROPRIETARY FUND RESERVES (NET WORKING CAPITAL) In the case of Proprietary Funds (Enterprise and Internal Service Funds), Generally Accepted Accounting Principles (“GAAP”) does not permit the reporting of reserves on the face of City financial statements. However, this does not preclude the City from setting policies to accumulate financial resources for prudent financial management of its proprietary fund operations. Since proprietary funds may include both long-term capital assets and long-term liabilities, the most comparable measure of liquid financial resources that is similar to fund balance in proprietary funds is net working capital which is the difference between current assets and current liabilities. For all further references to reserves in Proprietary Funds, Net Working Capital is the intended meaning. A. Water Enterprise Fund 1. Stabilization and Contingency Reserve: This Reserve is used to provide sufficient funds to support seasonal variations in cash flows and in more extreme conditions, to maintain operations for a reasonable period of time so the City may reorganize in an orderly manner or effectuate a rate increase to offset sustained cost increases. The intent of the Reserve is to provide funds to offset cost increases that are projected to be short-lived, thereby partially eliminating the volatility in annual rate adjustments. It is not intended to offset ongoing, long-term pricing structure changes. The target level of this reserve is fifty percent (50%) of the annual operating budget. This reserve level is intended to provide a reorganization period of 6 months with zero income or 24 months at a twenty-five percent (25%) loss rate. The City Council must approve the use of these funds, based on City Manager recommendation. Funds collected in excess F-2 9 of the Stabilization reserve target would be available to offset future rate adjustments, while extended reserve shortfalls would be recovered from future rate increases. Should catastrophic losses to the infrastructure system occur, the Stabilization and Contingency Reserve may be called upon to avoid disruption to water distribution. 2. Infrastructure Replacement Funding Policy : This funding policy is intended to be a temporary repository for cash flows associated with the funding of infrastructure replacement projects provided by the Water Master Plan. The contribution rate is intended to level-amortize the cost of infrastructure replacement projects over a long period. The annual funding rate of the Water Master Plan is targeted at an amount that, when combined with prior or future year contributions, is sufficient to provide for the eventual replacement of assets as scheduled in the plan. This contribution policy is based on the funding requirements of the most current Water Master Plan. There are no minimum or maximum balances contemplated by this funding policy. However, the contributions level should be reviewed periodically or as major updates to the Water Master Plan occur. Annual funding is contingent on many factors and may ultimately involve a combined strategy of cash funding and debt issuance with the intent to normalize the burden on Water customer rates. B. Wastewater Enterprise Fund 1. Stabilization and Contingency Reserve : This Reserve is used to provide sufficient funds to support seasonal variations in cash flows and in more extreme conditions, to maintain operations for a reasonable period of time so the City may reorganize in an orderly manner or effectuate a rate increase to offset sustained cost increases. The intent of the Reserve is to provide funds to offset cost increases that are projected to be short-lived, thereby partially eliminating the volatility in annual rate adjustments. It is not intended to offset ongoing, long-term pricing structure changes. The target level of this reserve is fifty percent (50%) of the annual operating budget. This reserve level is intended to provide a reorganization period of 6 months with zero income or 24 months at a twenty-five percent (25%) loss rate. The City Council must approve use of these funds, based on City Manager recommendation. Funds collected in excess of the Stabilization reserve target would be available to offset future rate adjustments, while extended reserve shortfalls would be recovered from future rate increases. Should catastrophic losses to the infrastructure system occur, the Stabilization and Contingency Reserve may be called upon to avoid disruption to wastewater service. F-2 10 2. Infrastructure Replacement Funding Policy : This funding policy is intended to be a temporary repository for cash flows associated with the funding of infrastructure replacement projects provided by the Wastewater Master Plan. The contribution rate is intended to level-amortize the cost of infrastructure replacement projects over a long period of time. The annual funding rate of the Wastewater Master Plan is targeted at an amount that, when combined with prior or future year contributions, is sufficient to provide for the eventual replacement of assets as scheduled in the plan. This contribution policy should be updated periodically based on the most current Wastewater Master Plan. There are no minimum or maximum balances contemplated by this funding policy. However, the contributions level should be reviewed periodically or as major updates to the Wastewater Master Plan occur. Annual funding is contingent on many factors and may ultimately involve a combined strategy of cash funding and debt issuance with the intent to normalize the burden on Wastewater customer rates. C. Internal Service Funds Background . Internal Service Funds are used to centrally manage and account for specific program activity in a centralized cost center. Their revenue generally comes from internal charges to departmental operating budgets rather than direct appropriations. They have several functions. --They work well in normalizing departmental budgeting for programs that have life-cycles greater than one year; thereby facilitating level budgeting for expenditures that will, by their nature, be erratic from year to year. This also facilitates easier identification of long term trends. --They act as a strategic savings plan for long-term assets and liabilities. --From an analytical standpoint, they enable appropriate distribution of city-wide costs to individual departments, thereby more readily establishing true costs of various operations. Since departmental charges to the internal service fund duplicate the ultimate expenditure from the internal service fund, they are eliminated when consolidating entity-wide totals. The measurement criteria, cash flow patterns, funding horizon and acceptable funding levels are unique to each program being funded. Policy regarding target F-2 11 balance and/or contribution policy, gain/loss amortization assumption, source data, and governance for each of the City’s Internal Service Funds is set forth as follows: 1. For all Internal Service Funds: The Finance Director may transfer part or all of any unencumbered fund balance between the Internal Service Funds provided that the withdrawal of funds from the transferred fund would not cause insufficient reserve levels or insufficient resources to carry out its intended purpose. This action is appropriate when the decline in cash balance in any fund is precipitated by an off-trend non-recurring event. The Finance Director will make such recommendations as part of the annual budget adoption or through separate Council action. 2. Equipment Maintenance Fund and Equipment Replacement Fund : The Equipment Maintenance and Replacement Funds receive operating money from the Departments to provide equipment maintenance and to fund the regular replacement of major pieces of equipment (mostly vehicles) at their economic obsolescence. a. Equipment Maintenance Fund : The Equipment Maintenance Fund acts solely as a cost allocation center (vs. a pre-funding center) and is funded on a pay- as-you-go basis by departmental maintenance charges by vehicle type and usage requirement. Because of this limited function, the target year-end balance is zero. Contribution rates (departmental charges) are set to include the direct costs associated with maintaining the City vehicle fleet, including fleet maintenance employee salary and benefits, operating expenses and maintenance related capital outlay. Administrative overhead and maintenance facility improvements and replacement costs are to be provided outside of this cost unit. Because of the limited purpose of this fund, a gain/loss assumption is not needed. Source data is ongoing city fleet inventory and maintenance cost information. Governance is achieved through annual management adjustment of contribution rates on the basis of maintenance cost by vehicle and distribution of costs based on fleet use by department. b. Equipment Replacement Fund: Operating Departments are charged annual amounts sufficient to accumulate funds for the replacement of vehicles, F-2 12 communications equipment, parking equipment and other equipment replacement determined appropriate by the Finance Director. The City Manager recommends annual rate adjustments as part of the budget preparation process. These adjustments are based on pricing, future replacement schedules and other variables. The age and needs of the equipment inventory vary from year to year. Therefore the year-end fund balance will fluctuate in direct correlation to accumulated depreciation. In general, it will increase in the years preceding the scheduled replacement of relatively large percentage of the equipment, on a dollar value basis. However, rising equipment costs, dissimilar future needs, replacing equipment faster than their expected life or maintaining equipment longer than their expected life all contribute to variation from the projected schedule. In light of the above, the target funding level is not established in terms of a flat dollar figure or even a percentage of the overall value of the equipment inventory. It is established at fifty percent (50%) of the current accumulated depreciation value of the equipment inventory, calculated on a replacement value basis. This will be reconciled annually as part of the year-end close out process by the Finance Department. If departmental replacement charges for equipment prove to be excessive or insufficient with regard to this target funding level, new rates established during the next budget cycle will be adjusted with a view toward bringing the balance back to the target level over a three-year period. 3. Insurance Reserve Funds : The Insurance Reserve funds account for the activities of general liability and workers’ compensation claims. Background . The City employs an actuary to estimate the liabilities associated with the general liability and workers compensation activities. The costs typically associated with these programs include: claims administration, legal defense, insurance premiums, self insured retention and the establishment of appropriate loss reserves including “incurred-but-not reported” (IBNR) claims. In a prescribed measurement methodology, the Actuary estimates the liabilities in conformity with Generally Accepted Accounting Principles (GAAP). The Actuary refers to this measurement level in his report as the “Expected Level.” However, because actuarial estimates are subject to significant uncertainties, actuaries typically recommend that a target funding level be set at F-2 13 an amount in excess of expected liability as a margin to cover contingencies. A typical target funding level would be set to obtain a specified confidence level (the percent chance that resources set-aside will be sufficient to cover existing claims). Full funding of the Actuary’s “Target Funding Level” establishes a seventy-five percent (75%) confidence there will be sufficient resources (including projected interest) to pay the full amount of existing claims without future contributions. Funding at the “Expected Level” produces a confidence level of only fifty percent to sixty-five percent (50%-65%). Therefore, the target funding of insurance reserves should exceed the “Expected Level” to account for adverse estimate deviation. Policy & Practice. The City should target funding of its risk management obligations at not less than the Expected Level, described above; and not more than an amount sufficient to establish a seventy-five percent (75%) Confidence Level. Actuarial losses should be recovered over a rolling 3-year basis while actuarial gains should be amortized over a rolling 5-year basis. As part of the operating budget, each department will be charged a rate equal to its proportionate share of the total “revenue” required to fund the Insurance Reserve Fund at this level. To lessen the impact of short-term annual rate change fluctuation, City management may implement one-time fund transfers (rather than department rate increases) when funding shortfalls appear to be due to unusually sharp and non-recurring factors. Excess reserves in other areas may be transferred to the internal service fund in these instances but such transfers should not exceed the funding necessary to reach a seventy-five (75%) confidence level interval. 4. Compensated Absences Fund : Background . The primary purpose of flex leave, vacation leave and sick leave is to provide compensated time off as appropriate and approved. However, under certain circumstances, typically at separation from service, some employees have the option of receiving cash-out payments for some accumulated leave balances. The Compensated Absences Fund is utilized primarily as a budget smoothing technique for any such leave bank liquidations. The primary purpose of the Compensated Absences Fund is to maintain a balance sufficient to facilitate this smoothing. F-2 14 Policy and Practice . The contribution rate will be set to cover estimated annual cash flows based on a three-year trailing average. The minimum cash reserve should not fall below that three-year average. The maximum cash reserve should not exceed fifty percent (50%) of the long term liability. The target cash reserve shall be the median difference between the minimum and maximum figures. Each department will make contributions to the Compensated Absences Fund through its operating budget as a specified percentage of salary. The Finance Director will review and recommend adjustments to the percentage of salary required during the annual budget development process. This percentage will be set so as to maintain the reserve within the parameters established above. 5. Post Retirement Funding Policies: a. Pension Funding : (i) California Public Employees Retirement System (CalPERS) : The City’s principal Defined Benefit Pension program is provided through contract with CalPERS. The City’s contributions to the plan include a fixed employer paid member contribution and an actuarially determined employer contribution that fluctuates each year based on an annual actuarial plan valuation. This variable rate employer contribution includes the normal cost of providing the contracted benefits plus or minus an amortization of plan changes and net actuarial gains and losses since the last valuation period. It is the City’s policy to make contributions to the plan equaling at least one hundred percent (100%) of the actuarially required contribution (annual pension cost). Because the City pays the entire actuarially required contribution each year, by definition, its net pension obligation at the end of each year is $0. Any unfunded actuarial liability (UAL) is amortized and paid in accordance with the actuary’s funding recommendations. The City will strive to maintain its UAL within a range that is considered acceptable to actuarial standards. The City Council shall consider increasing the annual CalPERS contribution should the UAL status fall below acceptable actuarial standards. F-2 15 (ii) Laborer’s International Union of North America (LIUNA) : The City provides funds to support a supplemental pension plan for some employee associations through contract with LIUNA. This is funded at a fixed percentage of total compensation on a pay-as-you-go basis. The City is not contractually required to guarantee the level of the ultimate LIUNA benefit to retirees, nor does it do so. Therefore the City’s liability for this program is full funded each year. b. Other Post Employment Benefits (OPEB Funding) : Background . The City’s OPEB funding obligations consists of two retiree medical plans. New Plan . Effective January 2006, the City and its employee associations agreed to major changes to the Post Employment Healthcare Plan. New employees and all current employees participate in a program that requires certain defined employee and employer contributions while the employee is in active service. However, once the contributions have been made to the employee’s account, the City has transferred a substantial portion of the funding risk to the employee. Old Plan . Eligible employees who retired prior to the “New Plan” and certain active employees were eligible to continue to receive post-retirement medical benefits (a defined benefit plan). The cost was divided among the City, current employees and retirees. In the past, this program was largely funded on a pay-as-you-go basis, so there was a significant unfunded liability. Recognizing this problem, the City began contributing to this obligation in 2001. In 2008, these assets were placed in a pre-funding trust. The City’s intention is to amortize the remaining unfunded liability within 20 years. Policy & Practice . New Plan . Consistent with agreements between the City and Employee Associations, the new defined contribution plan will be one hundred percent (100%) funded, on an ongoing basis, as part of the annual budget process. Funds to cover this expenditure will be contained within the salary section of each department’s annual operating budget. F-2 16 Old Plan . The City’s policy is to pre fund the explicit (cash subsidy) portion of the Actuarial Accrued Liability (AAL) of the remnants of the old plan over a 20-year amortization period, or less. This amount will be based on the Annual Required Contribution (ARC) determined by a biennial actuarial review; subject to review and analysis by the City. The City will strive to maintain a funded status that will be within a range that is considered acceptable to actuarial standards. The City Council shall consider increasing the annual OPEB contribution should the funded status fall below acceptable actuarial standards. Adopted - January 24, 1994 Amended - April 10, 1995 Amended - April 27, 1998 Amended - March 14, 2000 Amended – May 8, 2001 Amended – April 23, 2002 Amended – April 13, 2004 Amended – September 15, 2008 Amended – November 12, 2008 Amended – May 24, 2011 Amended – September 27, 2011 Amended – May 14, 2013