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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/26/2016 - FIRST READING OF ORDINANCE NO. 096, 2016, APPROPRIAgenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY July 26, 2016 City Council STAFF Lindsay Ex, Environmental Program Manager Jeff Mihelich, Deputy City Manager Kevin Gertig, Utilities Executive Director Mike Beckstead, Chief Financial Officer Jackie Kozak-Thiel, Chief Sustainability Officer Laurie Kadrich, Director of PDT Lucinda Smith, Environmental Sustainability Director John Phelan, Energy Services Manager SUBJECT First Reading of Ordinance No. 096, 2016, Appropriating Prior Year Reserves in the General Fund and in the Light and Power Fund for Continuation of Energy Efficiency Initiatives Associated with the 2020 Climate Action Plan (CAP) Strategic Plan and Rescinding Ordinance No. 081, 2016. EXECUTIVE SUMMARY The purpose of this item is to rescind Ordinance No. 081, 2016 (Adopted on July 19, 2016) and amend the $1,460,000 appropriated by Ordinance No. 081, 2016; appropriating from the General Fund $730,000, and $730,000 from the Electric Utility Light & Power fund, for continuation of energy efficiency programs in 2016, as outlined in the draft 2020 Climate Action Plan (CAP) Strategic Plan. Ordinance No. 081, 2016 will become effective as originally adopted and shall provide funding until this Ordinance becomes effective, i.e., funding for the Energy Efficiency Programs up to $730,000 will not be further delayed pending Second Reading of this Ordinance. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. BACKGROUND / DISCUSSION On June 21, 2016, City Council unanimously approved Ordinance No. 081, 2016 on first reading to fund the municipal green waste initiative (in the amount of $85,000) with one amendment: the amended Ordinance fully funded the energy efficiency incentives for the business community and the Efficiency Works Neighborhoods Pilot through 2016 out of General Fund Reserves (in the amount of $1,460,000). On July 19, 2016, City Council adopted Ordinance No. 081, 2016 as amended on second reading. During Council consideration of the Ordinance, Council recognized the level of engagement by the private sector in 2016 in energy efficiency incentives programs, their significant contributions to the 2020 CAP Goals of reducing community emissions 20% below 2005 levels, their leverage of private sector dollars, and the overall program benefits to the community. In addition to adopting Ordinance No. 081, 2016, on July 19, 2016, Council requested staff return with responses on the following issues for the continued Council meeting on July 26, 2016. Agenda Item 3 Item # 3 Page 2 1. Splitting funding appropriated by Ordinance No. 081, 2016 for energy efficiency programs between General and Light & Power fund reserves Staff response: Staff from the Utilities and Environmental Services departments recommend the full funding for energy efficiency programs approved by Ordinance No. 081, 2016 be split equally between General Fund reserves and Light & Power fund reserves. Such a split is appropriate under the City Charter when program results provide citywide outcomes as well as utility enterprise specific objectives. The funded energy efficiency programs serve to meet the 2016 Energy Policy efficiency target and the Climate Action Plan 2020 target. In addition, it is a best practice to provide equitable co-funding for personnel costs that advance General Fund and Utility goals (e.g., personnel cost division for the Energy Code Compliance Specialist FTE approved during the 2015 mid-cycle budget process). The proposed Ordinance affirms funding in the full amount of $1,460,000 (as appropriated by Ordinance No. 081, 2016 which will be rescinded), amending the source of those funds to $730,000 from Light & Power fund reserves and a maximum of $730,000 from the General Fund. 2. Proposed revision to energy efficiency program funding in 2016. Staff Response: At this time, no new information is available by which to evaluate changing the funding approved in Ordinance No. 081-2016 for energy efficiency incentives. As noted at the regular Council meeting on July 19, 2016, the amount of business funding is dedicated in full to customer incentives, which are inherently performance based. If sufficient projects are not identified and funds committed during the remainder of 2016, any remaining funding will lapse to the reserve source from which it was appropriated and shall become available for reappropriation in later cycles. 3. Proposed changes to the structure, rules or incentive levels for the Efficiency Works Business program. Staff response: A staff team from Utilities, Platte River Power Authority and the other three Platte River member cities will continue to meet regularly to review the progress, results and parameters of the Efficiency Works Business program. While changes to the program are typically made on an annual basis, including incentive levels for specific measures, mid-year changes are made as needed. This collaborative decision making process will continue for the remainder of 2016. CITY FINANCIAL IMPACTS Adoption of this Ordinance has a bottom line impact of $730,000 to Electric Utility Light & Power fund reserves in 2016, with no ongoing commitment to the City budget. The appropriation from the General Fund is also reduced to $730,000. BOARD / COMMISSION RECOMMENDATION Boards and commissions have not been briefed on this proposed Ordinance due to the timing between the second reading of Ordinance No. 08, 2016 on the July 19, 2016 regular Council meeting and Council’s request that staff return with additional information at the July 23, 2016 continued Council meeting. However, both the Energy and Air Quality Boards previously provided recommendations related to the adopted Ordinance No. 081, 2016 prior to its adoption. On June 23, 2016, the Energy Board unanimously recommended support for Ordinance No. 081, 2016, to implement the three initiatives identified in that Ordinance. The Energy Board expressed support for the use of General Fund dollars to fund the business energy efficiency incentives for the remainder of 2016, as the Board believed it demonstrated the importance of energy efficiency to Council and the communitywide impact this program has beyond the Light & Power Fund. On July 18, 2016, the Air Quality Board submitted a memo in support of the proposed energy efficiency program funding from General Fund reserves as adopted in Ordinance No. 081, 2016. Agenda Item 3 Item # 3 Page 3 PUBLIC OUTREACH Staff has reviewed the initiatives and BFO Offers associated with the 2020 CAP Strategic Plan with the Climate Action Plan’s Community Advisory Committee. Staff is beginning to schedule public outreach events, including an Open House with former Governor Bill Ritter to gather community feedback on the Climate Action Plan. However, the status of these off-cycle funding decisions has not been discussed. ATTACHMENTS 1. Powerpoint presentation (PDF) 1 CAP – Energy Efficiency Jeff Mihelich, Kevin Gertig, Jackie Kozak Thiel, Mike Beckstead, Lucinda Smith, Lindsay Ex, John Phelan July 26, 2016 ATTACHMENT 1 Energy Efficiency Funding 2 • July 19 – Ord. No 081, 2016 adopted on Second Reading § Funded $1.46M from the General Fund for Energy Efficiency Programs • Tonight § Ordinance First Reading Splitting the $1.46M Energy Efficiency Funding 50/50 between the General Fund and Light & Power Reserves Fort Collins Efficiency Programs Collaborative Programs with Platte River • Efficiency Works Home - EW Neighborhoods pilot • Efficiency Works Business • Retail Lighting • Larimer County Conservation Corp Fort Collins Programs • Appliance Rebates and Recycling • Home Energy and Water Reports • Integrated Design Assistance Program • Also financing, water, solar, demand response and green code amendments CORE FUNCTIONS: Audits – Technical Assistance – Incentives - Financing Question From Second Reading 4 • Could the source of the funding be shared between the General Fund and Light and Power? § Propose 50/50 split between General Fund and Light & Power Reserves for the $1.46M in funding § Logic o Shared City and Utilities goals – CAP & Energy Policy o Consistent with historical funding splits Next Steps 5 • Next Steps § Resume Efficiency Works Business program operations § Updates on pace of participation § Discussions with Platte River and member cities about program administration Energy Efficiency Funding 6 • July 19 – Ord. No 081, 2016 adopted on Second Reading § Funded $1.46M from the General Fund for Energy Efficiency Programs • Tonight § Ordinance First Reading Splitting the $1.46M Energy Efficiency Funding 50/50 between the General Fund and Light & Power Reserves -1- ORDINANCE NO. 096, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND AND IN THE LIGHT AND POWER FUND FOR 2016 PROJECTS ASSOCIATED WITH THE 2020 CLIMATE ACTION PLAN (CAP) STRATEGIC PLAN AND RESCINDING ORDINANCE NO. 081, 2016 WHEREAS, on March 3, 2015, City Council adopted Resolution 2015-030, updating community greenhouse gas goals and targets to be achieved by 2020, 2030, and 2050; and WHEREAS, staff has developed an implementation plan based on the accelerated goals of the Climate Action Plan (“CAP”) and has identified several initiatives for immediate action and investment based on guidance provided by the City Council; and WHEREAS, on April 19, 2016, City Council adopted Ordinance No. 046, 2016, appropriating funds toward four projects identified for immediate action and investment (1) Building energy Disclosure and Scoring, (2) CAP Program Support, (3) CAP Pilot Project/Innovation Fund, and (4) Biomass Burner Feasibility Study; and WHEREAS, on June 21, 2016 City Council considered on first reading Ordinance No. 081, 2016 appropriating funds for two additional projects identified and proposed for immediate action and investment: (1) Solar Incentives and Rebates, and (2) Municipal Green Waste (Composting) Sites; and WHEREAS, appropriated, but unexpended and unencumbered, funds are available in 2016 from the Solar Purchase Power Program (SP3) and the Community Shared Solar program in the Light and Power fund to support the Solar Incentives and Rebates Program; and WHEREAS, staff requested $85,000 for the Municipal Green Waste (Composting) Site Initiative, including compost-turning equipment of $51,000 and other expenses, outlined in the Draft 2020 Climate Action Plan (CAP) Strategic Plan, from funds accumulated during 2015 and prior years in the Waste Innovation Program account in the City’s General Fund; and WHEREAS, the Municipal Green Waste (Composting) Site will enable municipal composting for organic landscape debris through a small-scale (100 tons/year) composting facility at the Hoffman Mill Road Crushing Facility, including site grading at the Hoffman Mill Road Crushing Facility, purchase of compost-turning equipment, and ongoing composting operations and management by the Streets Department; and WHEREAS, composting capability will increase landfill waste diversion by City departments that generate organic debris from municipal maintenance activities, including Parks, Streets, Forestry, Natural Areas, Stormwater, and Light and Power; and WHEREAS, in 2010, the City created the Waste Innovation Program (the “WIP”) fund where revenues collected for the program are held in a reserve account in the General Fund; and -2- WHEREAS, the WIP funds are used to administer grants that allow City departments to initiate new waste diversion and recycling projects with special attention to departments that have larger quantities of waste that is self-hauled to the Larimer County Landfill; and WHEREAS, a team of interdepartmental employees (the “WIP Team”) acts as a liaison for incorporating waste reduction, promoting recycling strategies, and awarding WIP funds when requests are received from participating City departments; and WHEREAS, the WIP Team voted unanimously to recommend the funding request for the Municipal Green Waste (Composting) Site Initiative; and WHEREAS, the City has implemented certain energy efficiency programs identified in the 2020 Climate Action Plan (CAP) Strategic Plan (“Energy Efficiency Programs”), and has operated these programs using funds appropriated in the Light and Power Fund; and WHEREAS, the funds appropriated for the Energy Efficiency Programs for 2016 have been fully committed, preventing new participation in those Programs until such time as additional funds have been made available; and WHEREAS, on June 21, 2016, City Council adopted on First Reading Ordinance No. 081, 2016, to include an additional appropriation of $1,460,000 from General Fund reserves for Energy Efficiency Programs as described in the CAP Strategic Plan; and WHEREAS, on July 19, 2016, Council adopted on Second Reading Ordinance No. 081, 2016, and at that time requested that staff examine the Energy Efficiency Programs for any appropriate modification of the project amount or source of funding for it in 2016; and WHEREAS, staff has examined the funding source for the Energy Efficiency Programs approved in Ordinance No. 081, 2016, and identified an alternate and more preferable source of funding for the purposes described in that Ordinance; and WHEREAS, based on new funding information provided by staff, Council desires to rescind Ordinance No. 081, 2016, and reestablish the appropriation described therein in furtherance of the Energy Efficiency Programs and Composting Initiative; and WHEREAS, consistent with Article XII, Section 6 of the Charter of the City of Fort Collins, funding of a portion of the total cost of the Energy Efficiency Programs from Light and Power Fund reserves serves electric utility purposes and reflects a proportionate benefit expected to accrue to Light and Power electric utility ratepayers by seeking to manage and minimize overall future capital needs, and resulting rate impacts, that would otherwise be required to support increasing peak demand and overall electric service loads; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. -3- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby rescinds adoption of Ordinance No. 081, 2016. Section 3 That there is hereby appropriated from prior year reserves in the General Fund the sum of EIGHTY-FIVE THOUSAND ($85,000) for expenditure in the General Fund for the City of Fort Collins for the Municipal Green Waste (Composting) Site Initiative as part of the Waste Innovation Program. Section 4. That there is hereby appropriated from prior year reserves in the General Fund the sum of SEVEN HUNDRED THIRTY THOUSAND DOLLARS ($730,000) for expenditure in the General Fund for Energy Efficiency Programs as described in the CAP Strategic Plan. Section 5. That there is hereby appropriated from prior year reserves in the Light and Power Fund the sum of SEVEN HUNDRED THIRTY THOUSAND DOLLARS ($730,000) for expenditure in the Light and Power Fund for Energy Efficiency Programs as described in the CAP Strategic Plan. Introduced, considered favorably on first reading, and ordered published this 26th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk