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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 10/08/2019 - COMPLETE AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Kristin Stephens, District 4, Mayor Pro Tem City Hall West Susan Gutowsky, District 1 300 LaPorte Avenue Julie Pignataro, District 2 Fort Collins, Colorado Ken Summers, District 3 Ross Cunniff, District 5 Cablecast on FCTV Channel 14 Emily Gorgol, District 6 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk Adjourned Meeting October 8, 2019 6:00 p.m. Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221- 6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.  CALL MEETING TO ORDER  ROLL CALL 1. Consideration of a motion to adjourn into executive session. “I move that the City Council go into executive session for the purpose of meeting with City staff to discuss real property acquisitions for the Natural Areas Department, as permitted under Article II, Section 11(a) of the City Charter, Section 2-31(a)(3) of the City Code and Colorado Revised Statutes Section 24-6-402(4)(a).”  OTHER BUSINESS  ADJOURNMENT City of Fort Collins Page 1 Wade Troxell, Mayor Council Information Center (CIC) Kristin Stephens, District 4, Mayor Pro Tem City Hall West Susan Gutowsky, District 1 300 LaPorte Avenue Julie Pignataro, District 2 Fort Collins, Colorado Ken Summers, District 3 Ross Cunniff, District 5 Cablecast on FCTV Channel 14 Emily Gorgol, District 6 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. City Council Work Session October 8, 2019 After the Adjourned Council Meeting, which begins at 6:00 p.m. • CALL TO ORDER. 1. Oil and Gas Operations - Overview and Options. (staff: Cassie Archuleta, Jeff Mihelich, Kelly Smith; 20 minute staff presentation; 45 minute discussion) The purpose of this item is to describe staff’s current actions managing impacts of oil and gas development in City limits, describe the land use authority granted by new state legislation (Senate Bill 19-181), and discuss potential regulatory options. 2. Equity and Inclusion. (staff: Janet Freeman, Jackie Kozak-Thiel, DeAngelo Bowden; 20 minute staff presentation; 45 minute discussion) The purpose of this item is to share with Council the City's equity inclusion efforts to date and seek feedback. 3. 2019 Fee Update. (staff: Jennifer Poznanovic, Lance Smith; 10 minute staff presentation; 20 minute discussion) The purpose of this item is to review fee updates associated with Electric Capacity Fees, Water Supply Requirement Fees, Wet Utility Plant Investment Fees (PIFs) and Step III of the 2017 Capital Expansion Fees (CEFs). Coordination of Council approved fees began in 2016 to provide a more holistic view of the total cost impact. Previously, fee updates were presented to Council on an individual basis. After the 2019 fee update, fee phasing will be complete with regular two and four- year cadence updates beginning in 2021. City of Fort Collins Page 2 2019 fee updates include: Electric Capacity Fees, Water Supply Requirement Fees, Wet (Water, Wastewater and Stormwater) Utility Plant Investment Fees and Step III of the 2017 Capital Expansion Fees. Staff proposes the following fee changes: • Wet Utility PIFs as proposed • Electric Capacity Fees as proposed • Water Supply Requirement Fee as proposed • 100% of proposed 2017 Capital Expansion Fees (Step III) • Transportation Capital Expansion Fees (inflation only) Development Review/Building Fees were initially planned to be part of the 2019 update but have been decoupled and will come forward once finalized. • ANNOUNCEMENTS. • ADJOURNMENT. DATE: STAFF: October 8, 2019 Cassie Archuleta, Environmental Sustainability Manager Jeff Mihelich, Deputy City Manager Kelly Smith, Senior City Planner WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Oil and Gas Operations - Overview and Options. EXECUTIVE SUMMARY The purpose of this item is to describe staff’s current actions managing impacts of oil and gas development in City limits, describe the land use authority granted by new state legislation (Senate Bill 19-181), and discuss potential regulatory options. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Which option would Council like to pursue for oil and gas development? • Option #1: Continue current efforts; reevaluate in a year • Option #2: Develop new regulatory framework now; consider moratorium BACKGROUND / DISCUSSION The City of Fort Collins has an active oil field in the northeast part of the City that was first discovered in 1924 and continues to produce oil. As is common with older, once remote, oil and gas developments around the state, urban growth has encroached upon the field. In the past decade, advances in oil and gas development technologies have led to increased production in the state, and an evolving regulatory environment. Most recently, the State adopted Senate Bill 19-181 (SB181), which allows for more local government authority in oil and gas regulation. One of the Council priorities, as adopted on July 2, 2019 per Resolution 2019-076, states: • Mitigate impacts of oil and gas encroachment into the Growth Management Area o Understand current and potential surface impacts of oil and gas production within the Growth Management Area and consider strategies to mitigate those impacts. Evaluate the impact and needed/desired changes as a result of Senate Bill 19-181 through a robust public engagement process Related to this priority, background on oil and gas operations and current regulatory status is provided here. This is followed by potential options for next steps in evaluating and exercising new local government authority as granted through SB181. Background on Oil and Gas Operations Oil and gas development in northeast Fort Collins occurs in a small oil field. Currently, there is one operator and 10 active wells within city limits, with no new wells drilled since 1992. These wells are currently developing in a geological formation called the Muddy Sandstone, where the oil is characterized as "dead oil," meaning it has low volatility (very little gas) and requires water injection to bring the oil to the surface. Well depth varies between around 4,800 and 5,600 feet and produce a product that has been characterized as about 97% water, 3% oil, and no salable gas. While there is relatively little oil and gas activity within city limits, there is continuing urban land development interest, and interest in further developing mineral resources at existing oil and gas wells. Specifically, the oil and 1 Packet Pg. 3 October 8, 2019 Page 2 gas operator (Prospect Energy) has proposed converting non-producing wells into producing wells near a new residential development. This new production would target a different geological formation (the Codell), which may have a different mix of water, oil and gas. On a larger scale, eastern Colorado has experienced an oil and gas development boom since around 2008, largely due to advancements in horizontal drilling and hydraulic fracturing techniques in a formation called the Wattenberg field. Currently, Weld County is the top producer of both oil and gas in Colorado, with 21,032 active wells. Well depths average 8,000-10,000 feet, and most new wells are horizontally drilled, which means they can extend up to 2 miles horizontally through a formation from a single well pad location. Emissions related to these wells have been demonstrated to contribute to ozone non-attainment issues in Fort Collins. State Regulations Oil and gas operations in Colorado are regulated by the Colorado Oil and Gas Conservation Commission (COGCC), while the Air Quality Control Commission (AQCC) regulates air pollution impacts associated with operations. On April 16, 2019, the State adopted Senate Bill 19-181 (SB181), which changed the scope of local authority for oil and gas development. Key elements of SB181 include: • A mission change for the COGCC, which elevates public health, safety and environmental concerns over mineral development interests • Increased local authority to reasonably regulate the siting of oil and gas locations to minimize adverse impacts to public safety, health, welfare and the environment • Increased local authority to reasonably regulate land use and surface impacts, inspect oil and gas facilities; impose fines for leaks, spills and emissions; and impose fees to cover costs of permitting, regulation, monitoring and inspection. Adoption of SB181 has triggered new rulemaking activity for the COGCC and the AQCC, which will proceed into 2020. Staff is actively monitoring these rulemakings, and the nature and extent of new rules is still uncertain. County Regulations Larimer County has formed an oil and gas task force to explore a comprehensive set of regulations that supplement State regulations. Meetings began in June 2019, and the County expects a draft of proposed regulations by October 2019. This would be followed by a public process, prior to consideration of adoption. (<https://www.larimer.org/planning/oil-and-gas-task-force/task-force>) Local Agreements, Regulations and Programs Prior to adoption of SB181, local authority was limited by the COGCC. In 2013, Fort Collins adopted a voter- initiated 5-year ban on hydraulic fracturing, but this was overturned by the Colorado Supreme Court in 2016, in part, because it was preempted by State law. Ways that the City currently regulates oil and gas operations include: • An Operator Agreement between the City and Prospect Energy which was implemented in 2013 and structured to renew in 5-year increments (last renewed in 2018). This agreement goes above and beyond State and Federal requirements for air sampling and other Best Management Practices (BMPs) for new wells drilled within City limits. • The City’s Land Use Code, which includes setback requirements for new development around existing wells and other oil and gas infrastructure (called reciprocal setbacks). These rules were updated in 2018. Conversely, the COGCC regulations include setbacks for proximity of new wells to existing development. The City also provides input to the COGCC through the COGCCs Local Governmental Designee (LGD) program. Counties, municipalities and special districts designate one representative to serve as the main point of contact with the COGCC. The program provides several benefits, including: 1 Packet Pg. 4 October 8, 2019 Page 3 • Free training to local designees • A point of contact between the local government and COGCC • Notification from COGCC of comment periods for permits and approvals • Notification from operators on applications and operations • Consultation and comment opportunities Near-term Development Interest As noted above, Prospect Energy is the only oil and gas operator within City limits, with 10 wells in northeast Fort Collins considered “active”; which means they are either currently or capable of producing an oil and gas product. Of these active wells, three produce oil, five are used to inject water to bring oil to the surface, and two are considered “shut-in” or drilled and capable of producing, but not currently in use. Of these wells, four active wells and one inactive well are in the proposed Country Club Reserve residential development, which is in the final stages of City approval. Considerations for housing setbacks from existing wells, per 2013 Land Use Code requirements (plan submission pre-dated 2018 Land Use Code updates), include: • 350-foot reciprocal setback (proximity of new homes to existing O&G infrastructure) for the four active wells. Three of these active wells are not currently producing oil or gas and have minimal infrastructure, including access roads and small sheds. • 150-foot reciprocal setback for the inactive, or plugged and abandoned, well. Plugged and abandoned wells are considered reclaimed or restored to natural conditions by the COGCC and are not typically visible on the surface. Prospect Energy has recently submitted a permit application to the COGCC to “re-complete” one well on the Country Club Reserve property. A recompletion process would involve converting a non-producing “shut-in” well, where the well-head is housed in a shed-like structure, to a producing well. This would include hydraulically fracturing a new formation (1-2 day process), and subsequent installation of a pump jack or plunger lifts on site to bring oil and gas product to the surface. In August 2019, staff convened the operator and landowner to discuss concerns related to the proposed re- completion and potential mitigation options. Results of the meeting included: • The landowner expressed interest in minimizing surface impacts and sharing the burden of accommodating existing and future oil and gas operations. • The operator expressed interest in working cooperatively with the City and the landowner, while preserving access to mineral rights. • The operator and landowner discussed ways to minimize land use impacts, including use of existing pipelines rather than on-site storage or flaring. • The operator and the landowner agreed to draft a Surface Use Agreement, which would guide future surface development in this area. • Preliminary interest was expressed in exploring the financial trade-offs of compensating the operator to plug and abandon the wells. The COGCC is currently reviewing completeness requirements for this permit application before releasing for public comment. Current Efforts Council priorities, per Resolution 2019-076, include a reduction or elimination of surface impacts in the Growth Management Area (GMA) and evaluation of implications of SB181. Per this direction, current efforts include: • Near Term Development Interest - Per the potential well development in the County Club Reserve area, Staff will continue to work with the operator and the landowner to facilitate development of a Surface Use Agreement. Additionally, in anticipation of new rulemakings per SB181, the COGCC has committed to 1 Packet Pg. 5 October 8, 2019 Page 4 reviewing any application within a municipality in accordance with the intent of SB181, and the City will provide comments for consideration. • Updates to the Operator Agreement - Staff will explore potential updates to this agreement, which may include removing requirements that were one-time or no longer relevant, updating BMPs, and considering new requirements for facility and operation expansions at existing wells. • Emergency Management Planning - The City’s Office of Emergency Management (OEM) is working with the operator and Poudre Fire Authority (PFA) to update emergency and spill response plans, and to set up regular coordination and training opportunities. • County Regulations - The City is actively monitoring the County’s development of draft regulations and participating in discussions with County staff. • Regional Regulations - The City is staying informed on regulations being developed by other Front Range communities by regularly participating in roundtable discussions with local governments. • State Regulations - The City is actively monitoring a series of rulemakings by the COGCC and AQCC that will better define local authority and gaps to be filled through local requirements. Joining party status for these rulemakings may be considered per the City’s Legislative Policy Agenda (LPA). Current Land Use Code for New Oil and Gas Development Apart from buffer and setback standards, the Land Use Code contains few oil and gas specific procedures or standards. In fact, oil and gas extraction is not listed as an allowed use in any zone district. Prior to 2019, the City’s application of its land use authority was limited by the COGCC’s authority. With adoption of SB181, the City would process an application for a new oil and gas well by means of the Addition of Permitted Use (“APU”) process to allow the use on a particular property. Presuming the use request were allowed, approval of a Project Development Plan (PDP) and Final Plan would also be required. It should be noted that the existing Operator Agreement may limit application of the Land Use Code to Prospect Energy’s oil and gas activities. OPTIONS FOR COUNCIL CONSIDERATION Options for Council consideration are described below, follow by a table comparing the pros and cons for each option. Option #1: Continue current efforts, reevaluate in a year Staff would continue with current efforts and application of Land Use Code standards as described above. Following adoption of final rules by State and County, staff would determine regulatory gaps, BMPs, opportunities for increased standards, and monitor legal challenges to local regulations adopted since SB181. Staff would return to Council approximately one year from now for further discussion. Option #2: Develop new regulatory framework now; consider moratorium Develop local regulations now to fill gaps and expand standards for new wells. This would require a robust outreach process that engages the public, stakeholders and technical experts to adopt consistent requirements applied across all oil and gas development. These standards could replace the Operator Agreement after it expires in 2023 and would give the City the most autonomy in managing land use and surface impacts. If desired, this option could include a moratorium on new oil and gas permits with operators other than Prospect Energy until the regulatory framework is adopted (12 months). Potential elements within the framework could include, but are not limited to: • Zoning restrictions; • Setback requirements for new wells; • Impact and maintenance fines and fees; • Tiered development review process based on development type; • Environmental protection standards beyond State requirements; • Additional monitoring, testing and reporting requirements for air, water, odor; and • Local permit requirement. 1 Packet Pg. 6 October 8, 2019 Page 5 Comparison of Options OPTION PROS CONS #1: CONTINUE CURRENT EFFORTS • Allows time to align with State, County and other jurisdictions • New drilling within City limits unlikely • Allows time to monitor legal challenges against local regulations adopted during State rulemaking process • Limited clarity on City development standards for new operators applying to drill new wells within City limits. #2: NEW REGULATORY FRAMEWORK • Could address full authority of SB181 • Could apply to all operators • Could replace existing Operator Agreement once it expires in 2023 • Provides greatest clarity of standards to operators • COGCC rulemakings will conclude in spring 2020; will not know regulatory gaps and full authority until then • Unsure of legal challenges to regulations adopted by other local communities • Larimer County regulations in progress; may want to align City standards with County • Extensive staff time dedicated toward developing regulations within a changing regulatory landscape • Limited ability to leverage BMPs that may be (or have been) established through other community models since majority are still in progress • Potential need for additional resources for consulting support NEXT STEPS Staff is seeking direction on whether to re-evaluate regulatory needs at a later date or act immediately to begin developing new regulations related to oil and gas. Option #1: Continue current efforts; reevaluate in a year Continue to explore updates to the Operator Agreement, partner with Larimer County, collaborate with COGCC, and monitor the changing regulatory landscape statewide on oil and gas development. Staff would provide Council with periodic updates via memoranda for the next year, after which staff would bring the subject of developing a regulatory framework before Council for further discussion. Option#2: Develop new regulatory framework now; consider moratorium Begin developing a new comprehensive regulatory framework for oil and gas development. If staff were to pursue this option additional resources would be evaluated to support the measure. Thereafter, staff would develop a scope and public outreach plan. At project milestones staff would provide Council with updates. Draft regulations October 8, 2019 Page 6 ATTACHMENTS 1. Powerpoint presentation (PDF) 1 Packet Pg. 8 1 Oil and Gas Operations Overview and Options 10-08-19 ATTACHMENT 1 1.1 Packet Pg. 9 Attachment: Powerpoint presentation (8339 : Oil and Gas Operations - Overview and Options) Council Discussion Which option would Council like to pursue for oil and gas development? • Option #1: Continue current efforts; reevaluate in a year • Option #2: Develop new regulatory framework now; consider moratorium 2 1.1 Packet Pg. 10 Attachment: Powerpoint presentation (8339 : Oil and Gas Operations - Overview and Options) COUNCIL PRIORITY Oil and Gas • Reduce or eliminate surface impacts STRATEGIC ALIGNMENT Neighborhood Livability • 1.7 Guide Development BUDGET • Planning and Environmental Services 2019-2020 Ongoing Offers Why We Are Here 3 1.1 Packet Pg. 11 Attachment: Powerpoint presentation (8339 : Oil and Gas Operations - Overview and Options) Oil and Gas Wells by the Numbers 4 • Colorado: 52,692 Active Wells • Weld County: 21,032 Active Wells • Larimer County: 272 Active Wells • City of Fort Collins • One Operator • Prospect Energy • 10 Active Wells • 3 Producing • 5 Injecting • 2 Shut-In 1.1 Packet Pg. 12 Attachment: Powerpoint presentation (8339 : Oil and Gas Operations - Overview and Options) First well drilled in Fort Collins field 1924 1992 2013 2014 2015 2016 2017 2018 2019 Colorado Supreme Court decision – ban rejected Most recent well drilled Land Use Code updates – increase reciprocal setbacks Senate Bill 19-181 adopted 5-year ban on fracking Timeline to Date 5 Oil and Gas Operator Agreement Land Use Code updates – reciprocal setbacks 1.1 Packet Pg. 13 Attachment: Powerpoint presentation (8339 : Oil and Gas Operations - Overview and Options) Current Efforts • Colorado Oil and Gas Conservation Commission (COGCC) • Regulate all stages of oil and gas development • New rulemakings • Colorado Department of Public Health and Environment (CDPHE) • Air regulations, health response • New rulemakings • Larimer County • Evaluating new comprehensive code • City of Fort Collins • Operator Agreement (OA) • Land Use Code • Local Governmental Designee (LGD) 6 1.1 Packet Pg. 14 Attachment: Powerpoint presentation (8339 : Oil and Gas Operations - Overview and Options) Reciprocal Setbacks 7 Land Use Code 2013 2018 2018 Example: Hearthfire 1.1 Packet Pg. 15 Attachment: Powerpoint presentation (8339 : Oil and Gas Operations - Overview and Options) Northeast Fort Collins O&G Development Interest Producing Injecting Shut-In Abandoned City Limits Well Status DOUGLAS RD TURNBERRY RD 8 1.1 Packet Pg. 16 Attachment: Powerpoint presentation (8339 : Oil and Gas Operations - Overview and Options) Country Club Reserve 9 New Residential Development Active (IJ) Active (PR) Active (IJ) Active (SI) Inactive (PA) 1.1 Packet Pg. 17 Attachment: Powerpoint presentation (8339 : Oil and Gas Operations - Overview and Options) Senate Bill -181 1. Change in COGCC Mission from fostering responsible, balanced development to regulating in a manner that protects public health, safety & environment 2. Expands local authority 10 COMMUNITY RESPONSE: • 10+ Developing Regulations • 8 Adopted Moratoria • 1 Adopted Regulations COMMUNITY RESPONSE: • 10+ Developing Regulations • 8 Adopted Moratoria • 1 Adopted Regulations 1.1 Packet Pg. 18 Attachment: Powerpoint presentation (8339 : Oil and Gas Operations - Overview and Options) STATE Continue Current Efforts 11 OPTION#1 OPERATOR AGREEMENT Spring, 2023 COUNTY • Actively monitor regional and State rules • Evaluate gaps and legal challenges • Report back in 1 year • Actively monitor regional and State rules • Evaluate gaps and legal challenges • Report back in 1 year CITY Spring, 2020 Early, 2020 Fall, 2021 Reevaluate Fall, 2020 1.1 Packet Pg. 19 Attachment: Powerpoint presentation (8339 : Oil and Gas Operations - Overview and Options) STATE Pursue Regulatory Framework Now 12 OPTION#2 OPERATOR AGREEMENT Spring, 2023 COUNTY • Develop regulations now • Consider moratorium • Develop regulations now • Consider moratorium CITY Spring, 2020 Early, 2020 Fall, 2020 1.1 Packet Pg. 20 Attachment: Powerpoint presentation (8339 : Oil and Gas Operations - Overview and Options) Option Comparison 13 OPTION PROS CONS #1: Continue Current Efforts; Reevaluate in a Year - Understand gaps at State level - Align with county regs - New drilling unlikely - Limited clarity on City development standards for new operators #2: Develop Regulatory Framework Now; Consider Moratorium - Addresses full authority - Provides greatest clarity to new operators - May not align with the State and County - Few precedents to measure legal challenges 1.1 Packet Pg. 21 Attachment: Powerpoint presentation (8339 : Oil and Gas Operations - Overview and Options) Council Discussion Which option would Council like to pursue for oil and gas development? • Option #1: Continue current efforts; reevaluate in a year • Option #2: Develop new regulatory framework now; consider moratorium 14 1.1 Packet Pg. 22 Attachment: Powerpoint presentation (8339 : Oil and Gas Operations - Overview and Options) DATE: STAFF: October 8, 2019 Janet Freeman, Equity and Inclusion Coordinator Jackie Kozak-Thiel, Chief Sustainability Officer DeAngelo Bowden, Urban Directors Sustainability Network Fellow WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Equity and Inclusion. EXECUTIVE SUMMARY The purpose of this item is to share with Council the City's equity inclusion efforts to date and seek feedback. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Overview of City’s equity and inclusion efforts. 2. Council feedback on staff’s efforts. BACKGROUND / DISCUSSION History Through various indices and available data sets, it has become apparent there are existing equity disparities within our community. While more analysis is needed to comprehensively capture all available information and determine the root causes of any and all inequities, since 2015 the City has been actively reengaged with the work of equity and inclusion. The goal for the work is to achieve an equitable and inclusive community where all people feel they belong and are valued. Social Sustainability is also leading efforts to increase equity and inclusion in the City workplace. Strategic Alignment The City’s Strategic Plan has three equity and inclusion objectives: • Neighborhood Livability & Social Health 1.4: Co-create a more inclusive and equitable community that promotes unity and honors diversity • Neighborhood Livability & Social Health 1.3: Improve accessibility to City and community programs and services to low- and moderate-income populations. • High Performing Government 7.3: Broaden methods of community engagement with additional consideration to diverse backgrounds, languages and needs. In addition, Social Sustainability’s Strategic Plan has an Equity and Inclusion focus, with four main objectives: • Expand the City’s diversity, inclusion and equity goals. • Support programs that enable all residents to have equal access to meet basic needs. • Promote and maintain a welcoming, inclusive community where people feel connected. • Promote inclusive transportation options. 2 Packet Pg. 23 October 8, 2019 Page 2 Other City strategic plans that have embedded equity considerations include City Plan, Transportation Master Plan, FOCO Creates, and the Climate Action update. Definitions The organization uses the following working definitions for equity and inclusion: • Inclusion: An intention or policy of including people who might otherwise be excluded or marginalized based on ethnicity, familial status, gender identity, age, marital status, national origin, geographic background, race, religious and spiritual beliefs, sexual orientation, socioeconomic status, disability, or veteran status. • Equity: A process and outcome both. Process by which policies, programs and tools are developed to ensure the elimination of existing disparities and includes inclusive engagement that leverages diversity. It becomes an outcome once a person’s identity or identities no longer impacts their ability to thrive. In addition, the City has anchored its equity work to the following relevant definitions that are aligned with usage from other cities engaged in equity and inclusion work: • Diversity: Diversity is how we identify along lines of culture, ethnic origin, race, age, gender, gender identity, physical ability, religious beliefs, sexual orientation, marital status, political viewpoints, language abilities, socioeconomic status, and more. • Systemic Racism: The various policies, practices and programs of differing institutions within a community that can lead to adverse outcomes for communities of color compared to white communities. • Institutional Racism: Policies, practices, and programs within one organization that, most often unintentionally and unconsciously, work to the benefit of white people and the detriment of people of color. Trainings Over the past five years, the City has offered internal and external trainings on topics related to equity, inclusion and diversity. Recent trainings include: • National League of Cities’ Race Equity and Leadership (REAL) 101 Training - September 2018 o Attended by Councilmembers, City leadership, managers and other staff (70 total attendees) o Helped strengthen mutual understanding of role of local government in advancing racial equity o Explored historical and current influences pertaining to race-based inequities resulting from institutional and systemic racism o REAL 201, a follow-up training to 101, was attended by City manager Darin Atteberry and some Councilmembers • Diversity Solutions Group Multicultural Community Retreat: Race! Let’s Talk About It (2019) o Attended by City staff and community members (70 total attendees) o Explored conducting anti-racist work and mitigating impacts of systemic racism o The Multicultural Community Retreat has been offered since 2015 o A workshop will be held on October 14 and 15, 2019 o A one-day workshop on this topic was given to Utilities’ senior staff, IES, SSA and Finance • Government Alliance on Race and Equity (GARE) o City staff attended national conference (April 2019) o Role of local government in advancing racial equity and equitable outcomes for all o Applying a racial equity lens • Unconscious Bias o Multiple trainings offered past 5 years 2 Packet Pg. 24 October 8, 2019 Page 3 o Currently embedded in Managing at the City curriculum Some City staff have undergone additional equity trainings, including: • Power and privilege • Decentering whiteness • Stakeholder mapping • Cross-cultural communication • Inclusion strategies, and more Moreover, some staff have engaged in learning opportunities on topics such as: • Inclusion of transgender employees • Impacts of poverty • Immigration justice • Medical racism • Environmental justice • Economic inclusion, and more Current Policies Title VI Title VI of the Civil Rights Act of 1964 requires that no person in the United States of America shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination under any program or activity provided by the recipient of federal assistance. Americans With Disabilities Act and Section 504 In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973, the City of Fort Collins will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, disabled individuals with service animals are permitted in City offices, even where pets are generally prohibited. Neither the ADA nor Section 504 of the Rehabilitation Act of 1973 require the City to take any action that would fundamentally alter the nature of its programs or services or impose an undue financial or administrative burden. Police Services Fort Collins Police Services (FCPS) maintains fair and equitable practices in its dealings with residents. This is done through policies and practices, participation in boards and committees, and training. Policies guide specific activities of FCPS employees in this area. They are: • Code of Ethics • Mission Statement • Bias-Motivated Crimes • Racial and Bias-Based Profiling 2 Packet Pg. 25 October 8, 2019 Page 4 • Immigration Violations • Detentions, Contacts, and Photographing Detainees • Expectations of Conduct • Investigation and Prosecution • Limited English Proficiency • Administrative Investigations Membership and Participation on Boards, Committees, and Commissions • Multi-Level: Work with the Human Relations Commission and the Citizen Review Board • Multi-Level: Participation in robust and growing Spanish-language team which trains employees through Spanish immersion courses. o Agency members host and participate regularly in Cafecitos, cookouts, and cultural events. • Management-Level: Participation in the City’s LGBTQ committee • Executive and Management-Level: Deputy Chief of Police and Public Relations Manager serve as integral members of the Community Trust committee. • Executive-Level: Deputy Chief of Police serves on the DU Daniels Fund Law Enforcement Ethics Committee FCPS personnel participated/will participate in seminars and training including: • Multicultural Community Retreat (Diversity Solutions Group) • No Way But Through: Reframing Our Work, Developing Allies, & Rebuilding Trust (Diversity); (DeEtta Jones and Associates) • Diversity Symposium (Colorado State University) • Inclusivity and Anti-Prejudice course (Diversity Solutions Group) • The Honor of Ethics program (DU Daniels Fund) • Implicit Bias - Train the Trainer (Fair and Impartial Policing) o Agency training in Q1 2020 • Naturalization/Immigration Process (TBD; Q2 2020) • Ethics - Train the Trainer (The Center for American & International Law) o Agency training in Q2-Q3 2020 Purchasing Procedure No. 38 Legal Code Reference: Article IV, Chapter 8 Subject: Civil Rights - Equal Employment Opportunity and Prohibition of Unlawful Discrimination Purpose: To establish, and advise City employees of, the City’s policy regarding City vendors’ compliance with civil rights requirements, including equal employment practices and the prohibition of unlawful discrimination and retaliation. Scope: Applies to procurements by all City departments and to all City vendors General: The City is committed to a policy of equal employment opportunity for all applicants for employment and employees. Further, the City requires its vendors to comply with the City’s policy for civil rights, including providing the opportunity for equal employment opportunity and the prohibition of unlawful discrimination and retaliation. 2 Packet Pg. 26 October 8, 2019 Page 5 Procedure: All formal competitive sealed bids, competitive sealed proposals and proposals for negotiated agreements solely utilizing local funds and/or Federal Highway Administration (FHWA) funds shall incorporate the following statement: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. In addition, all contracts solely utilizing local funds and/or FHWA funds for services, professional services, materials and construction will incorporate the following provision: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City of Fort Collins, Colorado (the "City") strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its’ vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment, and retaliation. This requirement applies to all third- party vendors and their subcontractors at every tier. For projects funded in whole or in part by grants such as Federal Transportation Administration (FTA) and other sources of non-local funds, formal competitive sealed bids, competitive sealed proposals, proposals for negotiated agreements and contracts must incorporate the civil rights requirements stated in the applicable grant. The City will require the provisions stated in this policy be included in formal competitive sealed bids, competitive sealed proposals, proposals for negotiated agreements and contracts in the event the applicable grant does not 2 Packet Pg. 27 October 8, 2019 Page 6 contain a specific provision and/or contract clause for equal employment, anti-discrimination and retaliation, and civil rights. City Council Action City Council prioritized equity and inclusion in its May 2019 retreat, with the following actions: • Implement the usage of an equity lens (including staff and Council training) • Develop indicators and metrics • Consider a resolution regarding anti-discrimination • Develop principles of community The previous City Council prioritized community trust as well in 2017. Staff Capacity The City currently has one .75 FTE Equity and Inclusion coordinator position who coordinates the work across the organization. One aspect of the job is managing the City’s internal equity teams, comprised of approximately 75+ volunteer staff and community members. In addition, the City has a 1.0 FTE Equal Employment and Opportunity Compliance Manager and an Urban Sustainability Directors Network Equity Fellow serving from May - December 2019. The City’s Communications and Public Involvement Office also has 1.0 FTE dedicated to civic engagement which is integral to our efforts as we seek new and more effective ways of engaging with historically underserved community members. Government Alliance on Race and Equity (GARE) In 2017, the City of Fort Collins became the first Colorado jurisdiction to join the Government Alliance on Race and Equity (GARE). GARE works with diverse member cities to share best practices to achieve racial equity and advance opportunities for all through peer learning. They offer a logic model that is helping cities with a roadmap for the work and they also work closely with the National League of Cities. (Attachment 2) GARE’s logic model is as follows: Actions Outcomes Normalize Develop Organize Implement Operationalize Sustain GARE also recommends starting by collecting data and providing an analysis disaggregated by race: 1. Develop comprehensive race-based disparities data sets 2. Set desired results 3. Analyze the data - who’s furthest from our desired results, who’s closest 4. Co-create strategies with community (including determining root cause) Recently the City of Boulder, Boulder County, and the City of Denver have also joined GARE, and all four jurisdictions are in the process of creating a regional cohort to maximize impact. Accomplishments Highlights of the City’s equity and inclusion work includes, as aligned to the GARE model: 2 Packet Pg. 28 October 8, 2019 Page 7 Normalize Staff trainings Multicultural Community Retreat Facilitated workgroup dialogues about how the City can maintain an inclusive, respectful culture Diversity appreciation banners Proclamations Organize Internal equity team that includes community member participation Four equity subcommittees formed: Transportation, Public Participation, LGBTQIA+ and Education and Tools Staff participation on the Community Equity Consortium (CEC) Staff participation on stakeholder groups working to eliminate bias Internal Women FoCus group Operationalize Equity and inclusion considerations incorporated into the Triple Bottom Line scan Equity considerations embedded into some recent planning processes, such as CityPlan and Arts and Culture Master Plan Identified gaps in representation on boards and commissions Expanded discrimination language in the City’s purchasing policies Minority and women-owned businesses listening session Community Trust Resolution and Initiative Income-qualified Utility Rate Recreation pass sliding fee Equity and inclusion component of ClimateWise social badge Work underway to diversify BFO teams USDN grant to lead mitigation and resiliency CAP updates with equity lens Elevating the City’s Municipal Equality Index score from 60/100 to 83 Considerations leading to staff conclusions The GARE framework focuses on addressing racial disparity in order to elevate equitable outcomes for all. The City has centered its work on the premise we are striving to create equity for all by leading with race. Our ability to advance equity and inclusion, however, in a systemic and meaningful way has been challenging in that the systems we seek to change are historic and designed to maintain the status quo. Because of this, while we have had many accomplishments, the work has yet to fully embed across the organization in a consistent manner. Becoming a GARE member has helped us learn how other municipal jurisdictions are carrying out the work. The more successful cities deploy a common language, analysis, framework and methodology across all departments. The city is working to increase its capacity and competency to move the needle on disparities and follow GARE’s roadmap. In addition, efforts are underway to increase our workforce diversity, and Boards and Commissions continue to present challenges to advancing equitable outcomes for all. Some work is being done in Human Resources to increase workforce diversity, and current gaps on our boards and commissions are being examined by staff as they work towards creating a potential new structure. 2 Packet Pg. 29 October 8, 2019 Page 8 How will we measure success? Data Collection The analysis we seek is community data, disaggregated by race, and other identities as much as possible, that shows what inequities community members are experiencing, as well as our own capacity for addressing those disparities. The data will accurately represent the impact of inequity on people’s lives to prioritize the City’s work as a government institution, as well as a collaborator in the community, working to co-create solutions for mitigating disparities at the systemic level. Gathering and analyzing the data should be done in a culturally competent manner, and in partnership with community, so that we mitigate impact on marginalized communities. Engaging with historically underserved populations at both the beginning stages of selecting data sets and subsequent analysis is integral to the process. In addition, there will need to be consideration given to privacy concerns that might arise in terms of where the data is being housed, who has access to it, and more. While many data sets are currently available in Fort Collins, most are not disaggregated by race. Disaggregating the data by race is a critical component to the work, as it enables us to see how an individual’s racial or ethnic identity is impacting the level of inequities they may be facing. As racial disparities are the most pervasive and impactful, attending to those who experience them enables us to elevate equitable outcomes for all people. Equity Indicators/Dashboard Once the data has been analyzed, we will partner with community to develop a set of equity indicators based on the information we have collected. These indicators would show what aspects of lived experience we’re trying to positively impact on; the baseline for where we are currently; and, in aggregate, tell the story of inequities people are experiencing in Fort Collins among multiple topics. Sample indicators • Social and economic inclusion • Poverty rate • Graduation rate • Criminal justice • Mental health burden • Affordability • Delivery of City services The information would then be uploaded into a dashboard (examples below), with a score assigned to for the equitability of each category, allowing for full transparency and accountability so community members, and City staff, can track progress. Data would be updated annually and used to inform and guide our equity efforts to continue to make our workplace and the community more equitable and inclusive. Examples of promising equity dashboards from other jurisdictions are provided as Attachment 4. Concurrent to the data work is a need to define with community what an equitable Fort Collins looks like. In addition, creating principles of community for the City would help anchor our work to a set of guidelines that are meaningful for a municipal organization looking to center its work in equity. Next Steps For the remainder of 2019, the City plans to focus its equity efforts on the following areas: • Public Engagement • Anti-Discrimination Resolution 2 Packet Pg. 30 October 8, 2019 Page 9 • Equity Team Restructuring • Budgeting for Outcomes: Revision Offer Proposed work plan for 2020: • Address Council priorities/Seek feedback (includes launching data work and engagement for principles of community) • Strengthen staff capacity/Council training • Further embed equity into all outcome areas • Multicultural Community Retreat • Regional cohort work • Budget Offer: Equity lens deployment and training ATTACHMENTS 1. GARE Racial Equity Toolkit (PDF) 2. GARE Theory of Change (PDF) 3. Health Equity Index (PDF) 4. Website Links for Asheville, Tacoma and Oakland Equity Indicators and Dashboards (PDF) 5. Powerpoint presentation (PDF) 2 Packet Pg. 31 Racial Equity Toolkit An Opportunity to Operationalize Equity TOOLKIT RACIALEQUITYALLIANCE.ORG ATTACHMENT 1 2.1 Packet Pg. 32 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) AUTHORS Julie Nelson, Director, Government Alliance on Race and Equity Lisa Brooks, University of Washington School of Social Work COPYEDITING Ebonye Gussine Wilkins, Haas Institute LAYOUT/PRODUCTION Ebonye Gussine Wilkins and Rachelle Galloway-Popotas, Haas Institute for a Fair and Inclusive Society CONTACT INFO Julie Nelson jnelson@thecsi.org 206-816-5104 This toolkit is published by the Government Alliance on Race and Equity, a national network of government working to achieve racial equity and advance opportunities for all. GARE IS A JOINT PROJECT OF RACIALEQUITYALLIANCE.ORG UPDATED DEC 2016 2.1 Packet Pg. 33 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 3 The Government Alliance on Race and Equity (GARE) is a national network of government working to achieve racial equity and advance opportunities for all. Across the country, governmental jurisdictions are: • making a commitment to achieving racial equity; • focusing on the power and influence of their own institutions; and, • working in partnership with others. When this occurs, significant leverage and expansion opportunities emerge, setting the stage for the achievement of racial equity in our communities. GARE provides a multi-layered approach for maximum impact by: • supporting jurisdictions that are at the forefront of work to achieve racial equity. A few jurisdictions have already done substantive work and are poised to be a model for others. Supporting and providing best practices, tools and resources is helping to build and sustain current efforts and build a national movement for racial equity; • developing a “pathway for entry” into racial equity work for new jurisdictions from across the country. Many jurisdictions lack the leadership and/or infrastructure to address issues of racial inequity. Using the learnings and resources from jurisdictions at the forefront will create pathways for the increased engagement of more jurisdictions; and, • supporting and building local and regional collaborations that are broadly inclusive and focused on achieving racial equity. To eliminate racial inequities in our communities, devel- oping a “collective impact” approach firmly grounded in inclusion and equity is necessary. Government can play a key role in collaborations for achieving racial equity, centering community, and leveraging institutional partnerships. To find out more about GARE, visit www.racialequityalliance.org. ABOUT THE GOVERNMENT ALLIANCE ON RACE & EQUITY 2.1 Packet Pg. 34 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 4 I. What is a Racial Equity Tool? Racial equity tools are designed to integrate explicit consideration of racial equity in decisions, including policies, practices, programs, and budgets. It is both a product and a process. Use of a racial equity tool can help to develop strategies and actions that reduce racial inequities and improve success for all groups. Too often, policies and programs are developed and implemented without thoughtful con- sideration of racial equity. When racial equity is not explicitly brought into operations and decision-making, racial inequities are likely to be perpetuated. Racial equity tools provide a structure for institutionalizing the consideration of racial equity. A racial equity tool: • proactively seeks to eliminate racial inequities and advance equity; • identifies clear goals, objectives and measurable outcomes; • engages community in decision-making processes; • identifies who will benefit or be burdened by a given decision, examines potential unin- tended consequences of a decision, and develops strategies to advance racial equity and mitigate unintended negative consequences; and, • develops mechanisms for successful implementation and evaluation of impact. Use of a racial equity tool is an important step to operationalizing equity. However, it is not sufficient by itself. We must have a much broader vision of the transformation of government in order to advance racial equity. To transform government, we must normalize conversations about race, operationalize new behaviors and policies, and organize to achieve racial equity. For more information on the work of government to advance racial equity, check out GARE’s “Advancing Racial Equity and Transforming Government: A Resource Guide for Putting Ideas into Action” on our website. The Resource Guide provides a comprehensive and holistic ap- proach to advancing racial equity within government. In addition, an overview of key racial equity definitions is contained in Appendix A. II. Why should government use this Racial Equity Tool? From the inception of our country, government at the local, regional, state, and federal level has played a role in creating and maintaining racial inequity. A wide range of laws and policies were passed, including everything from who could vote, who could be a citizen, who could own property, who was property, where one could live, whose land was whose and more. With the Civil Rights movement, laws and policies were passed that helped to create positive changes, including making acts of discrimination illegal. However, despite progress in addressing explicit discrimination, racial inequities continue to be deep, pervasive, and persistent across the country. Racial inequities exist across all indicators for success, including in education, criminal justice, jobs, housing, public infrastructure, and health, regardless of region. Many current inequities are sustained by historical legacies and structures and systems that repeat patterns of exclusion. Institutions and structures have continued to create and per- petuate inequities, despite the lack of explicit intention. Without intentional intervention, institutions and structures will continue to perpetuate racial inequities. Government has the ability to implement policy change at multiple levels and across multiple sectors to drive larger systemic change. Routine use of a racial equity tool explicitly integrates racial equity into gov- ernmental operations. Local and regional governmental jurisdictions that are a part of the GARE are using a racial eq- uity tool. Some, such as the city of Seattle in Washington, Multnomah County in Oregon, and 2.1 Packet Pg. 35 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 5 the city of Madison in Wisconsin have been doing so for many years: • The Seattle Race and Social Justice Initiative (RSJI) is a citywide effort to end institution- alized racism and race-based disparities in City government. The Initiative was launched in 2004. RSJI includes training to all City employees, annual work plans, and change teams in every city department. RSJI first started using its Racial Equity Tool during the budget process in 2007. The following year, in recognition of the fact that the budget process was just the “tip of the ice berg,” use of the tool was expanded to be used in policy and pro- gram decisions. In 2009, Seattle City Council included the use of the Racial Equity Tool in budget, program and policy decisions, including review of existing programs and policies, in a resolution (Resolution 31164) affirming the City’s Race and Social Justice Initiative. In 2015, newly elected Mayor Ed Murray issued an Executive Order directing expanded use of the Racial Equity Tool, and requiring measurable outcomes and greater accountability. See Appendix B for examples of how Seattle has used its Racial Equity Tool, including legisla- tion that offers protections for women who are breastfeeding and use of criminal background checks in employment decisions. Multnomah County’s Equity and Empowerment Lens is used to improve planning, deci- sion-making, and resource allocation leading to more racially equitable policies and programs. At its core, it is a set of principles, reflective questions, and processes that focuses at the indi- vidual, institutional, and systemic levels by: • deconstructing what is not working around racial equity; • reconstructing and supporting what is working; • shifting the way we make decisions and think about this work; and, • healing and transforming our structures, our environments, and ourselves. Numerous Multnomah County departments have made commitments to utilizing the Lens, including a health department administrative policy and within strategic plans of specific de- partments. Tools within the Lens are used both to provide analysis and to train employers and partners on how Multnomah County conducts equity analysis. Madison, Wisconsin is implementing a racial equity tool, including both a short version and a more in-depth analysis. See Appendix D for a list of the types of projects on which the city of Madison has used their racial equity tool. For jurisdictions that are considering implementation of a racial equity tool, these jurisdictions examples are powerful. Other great examples of racial equity tools are from the Annie E. Casey Foundation and Race Forward. In recognition of the similar ways in which institutional and structural racism have evolved across the country, GARE has developed this Toolkit that captures the field of practice and commonalities across tools. We encourage jurisdictions to begin using our Racial Equity Tool. Based on experience, customization can take place if needed to ensure that it is most relevant to local conditions. Otherwise, there is too great of a likelihood that there will be a significant investment of time, and potentially money, in a lengthy process of customization without experience. It is through the implementation and the experience of learning that leaders and staff will gain experience with use of a tool. After a pilot project trying out this tool, jurisdictions will have a better understanding of how and why it might make sense to customize a tool. For examples of completed racial equity analyses, check out Appendix B and Appendix D, which includes two examples from the city of Seattle, as well as a list of the topics on which the city of Madison has used their racial equity tool. Please note: In this Resource Guide, we include some data from reports that fo- Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 6 III. Who should use a racial equity tool? A racial equity tool can be used at multiple levels, and in fact, doing so, will increase effectiveness. • Government staff: The routine use of a racial equity tool by staff provides the opportunity to integrate racial equity across the breadth, meaning all governmental functions, and depth, meaning across hier- archy. For example, policy analysts integrating racial equity into policy development and implementation, and budget analysts integrating racial equity into budget proposals at the earliest possible phase, increases the likelihood of impact. Employees are the ones who know their jobs best and will be best equipped to integrate racial equity into practice and routine operations. • Elected officials: Elected officials have the opportunity to use a racial equity tool to set broad priorities, bringing consistency between values and practice. When our elected officials are integrating racial equity into their jobs, it will be reflected in the priorities of the jurisdiction, in direction provided to department directors, and in the questions asked of staff. By asking simple racial equity tool questions, such as “How does this decision help or hinder racial equity?” or “Who benefits from or is burdened by this decision?” on a routine basis, elected officials have the ability to put theory into action. • Community based organizations: Community based organizations can ask questions of government about use of racial equity tool to ensure accountability. Elected officials and government staff should be easily able to describe the results of their use of a racial equity tool, and should make that information readily available to community members. In addi- tion, community based organizations can use a similar or aligned racial equity tool within their own organizations to also advance racial equity. IV. When should you use a racial equity tool? The earlier you use a racial equity tool, the better. When racial equity is left off the table and not addressed until the last minute, the use of a racial equity tool is less likely to be fruitful. Using a racial equity tool early means that individual decisions can be aligned with organizational racial equity goals and desired outcomes. Using a racial equity tool more than once means that equity is incorporated throughout all phases, from development to implementation and evaluation. V. The Racial Equity Tool The Racial Equity Tool is a simple set of questions: 1. Proposal: What is the policy, program, practice or budget decision under consideration? What are the desired results and outcomes? 2. Data: What’s the data? What does the data tell us? 3. Community engagement: How have communities been engaged? Are there opportunities to expand engagement? 4. Analysis and strategies: Who will benefit from or be burdened by your proposal? What are your strategies for advancing racial equity or mitigating unintended consequences? 5. Implementation: What is your plan for implementation? 2.1 Packet Pg. 37 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 7 6. Accountability and communication: How will you ensure accountability, communicate, and evaluate results? The following sections provide a description of the overall questions. Once you are ready to jump into action, please check out the worksheet that can be found in Appendix C. STEP #1 What is your proposal and the desired results and outcomes? While it might sound obvious, having a clear description of the policy, program, practice, or budget decision (for the sake of brevity, we refer to this as a “proposal” in the remainder of these steps) at hand is critical. We should also be vigilant in our focus on impact. The terminology for results and outcomes is informed by our relationship with Results Based Accountability™. This approach to measurement clearly delineates between community con- ditions / population accountability and performance accountability / outcomes. These levels share a common systematic approach to measurement. This approach emphasizes the impor- tance of beginning with a focus on the desired “end” condition. • Results are at the community level are the end conditions we are aiming to impact. Com- munity indicators are the means by which we can measure impact in the community. Community indicators should be disaggregated by race. • Outcomes are at the jurisdiction, department, or program level. Appropriate performance measures allow monitoring of the success of implementation of actions that have a rea- sonable chance of influencing indicators and contributing to results. Performance mea- sures respond to three different levels: a. Quantity—how much did we do? b. Quality—how well did we do it? c. Is anyone better off? We encourage you to be clear about the desired end conditions in the community and to emphasize those areas where you have the most direct influence. When you align community indicators, government strategies, and performance measures, you maximize the likelihood for impact. To ultimately impact community conditions, government must partner with other institutions and the community. You should be able to answer the following questions: 1. Describe the policy, program, practice, or budget decision under consideration? 2. What are the intended results (in the community) and outcomes (within your organization)? 3. What does this proposal have an ability to impact? • Children and youth • Community engagement • Contracting equity • Criminal justice • Economic development • Education • Environment • Food access and affordability • Government practices • Health • Housing • Human services • Jobs • Planning and development • Transportation • Utilities Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 8 STEP #2 What’s the data? What does the data tell us? Measurement matters. When organizations are committed to racial equity, it is not just an as- piration, but there is a clear understanding of racial inequities, and strategies and actions are developed and implemented that align between community conditions, strategies, and actions. Using data appropriately will allow you to assess whether you are achieving desired impacts. Too often data might be available, but is not actually used to inform strategies and track results. The enormity of racial inequities can sometimes feel overwhelming. For us to have impact in the community, we must partner with others for cumulative impact. The work of government to advance racial equity is necessary, but not sufficient. Nevertheless, alignment and clarity will increase potential impact. We must use data at both levels; that is data that clearly states 1) community indicators and desired results, and 2) our specific program or poli- cy outcomes and performance measures. Performance measures allow monitoring of the success of implementation of actions that have a reasonable chance of influencing indicators and contributing to results. As indicated in Step 1, performance measures respond to three different levels: Quantity—how much did we do? Quality—how well did we do it? Is anyone better off? Although measuring whether anyone is actually better off as a result of a decision is highly de- sired, we also know there are inherent measurement challenges. You should assess and collect the best types of performance measures so that you are able to track your progress. In analyzing data, you should think not only about quantitative data, but also qualitative data. Remember that sometimes missing data can speak to the fact that certain communities, issues or inequities have historically been overlooked. Sometimes data sets treat communities as a monolithic group without respect to subpopulations with differing socioeconomic and cultur- al experience. Using this data could perpetuate historic inequities. Using the knowledge and expertise of a diverse set of voices, along with quantitative data is necessary (see Step #3). You should be able to answer the following questions about data: 1. Will the proposal have impacts in specific geographic areas (neighborhoods, areas, or regions)? What are the racial demographics of those living in the area? 2. What does population level data tell you about existing racial inequities? What does it tell you about root causes or factors influencing racial inequities? 3. What performance level data do you have available for your proposal? This should include data associated with existing programs or policies. 4. Are there data gaps? What additional data would be helpful in analyzing the proposal? If so, how can you obtain better data? Data Resources Federal • American FactFinder: The US Census Bureau’s main site for online access to population, housing, economic and geographic data. http://factfinder.census.gov • US Census Quick Facts: http://quickfacts.census.gov/qfd/index.html • Center for Disease Control (CDC) http://wonder.cdc.gov 2.1 Packet Pg. 39 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 9 State • American FactFinder and the US Census website also have state data. http://factfinder.census.gov • Other sources of data vary by state. Many states offer data through the Office of Financial Management. Other places to find data include specific departments and divisions. Local • American FactFinder and the US Census website also have local data. http://factfinder.census.gov • Many jurisdictions have lots of city and county data available. Other places to find data include specific departments and divisions, service providers, community partners, and research literature. STEP #3 How have communities been engaged? Are there opportunities to expand engagement? It is not enough to consult data or literature to assume how a proposal might impact a com- munity. Involving communities impacted by a topic, engaging community throughout all phases of a project, and maintaining clear and transparent communication as the policy or program is implemented will help produce more racially equitable results. It is especially critical to engage communities of color. Due to the historical reality of the role of government in creating and maintaining racial inequities, it is not surprising that commu- nities of color do not always have much trust in government. In addition, there is a likelihood that other barriers exist, such as language, perception of being welcome, and lack of public transportation, or childcare. For communities with limited English language skills, appropriate language materials and translation must be provided. Government sometimes has legal requirements on the holding of public meetings. These are often structured as public hearings, with a limited time for each person to speak and little op- portunity for interaction. It is important to go beyond these minimum requirements by using community meetings, focus groups, and consultations with commissions, advisory boards, and community-based organizations. A few suggestions that are helpful: • When you use smaller groups to feed into a larger process, be transparent about the recommendations and/or thoughts that come out of the small groups (e.g. Have a list of all the groups you met with and a summary of the recommendations from each. That way you have documentation of what came up in each one, and it is easier to demonstrate the process). • When you use large group meetings, provide a mix of different ways for people to engage, such as the hand-held voting devices, written comments that you collect, small groups, etc. It is typical, both because of structure and process, for large group discussions to lead to the participation of fewer voices. Another approach is to use dyads where people “interview” each other, and then report on what their partner shared. Sometimes people are more comfortable sharing other people’s information. • Use trusted advocates/outreach and engagement liaisons to collect information from communities that you know are typically underrepresented in public processes. Again, sharing and reporting that information in a transparent way allows you to share it with 2.1 Packet Pg. 40 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 10 others. For communities that have concerns about documentation status and interaction with government in general, this can be a particularly useful strategy. Here are a few examples of good resources for community engagement: • The City of Seattle Inclusive Outreach and Public Engagement Guide • The City of Portland’s Public Engagement Guide You should be able to answer the following questions about community engagement and in- volving stakeholders: 1. Who are the most affected community members who are concerned with or have expe- rience related to this proposal? How have you involved these community members in the development of this proposal? 2. What has your engagement process told you about the burdens or benefits for different groups? 3. What has your engagement process told you about the factors that produce or perpetuate racial inequity related to this proposal? STEP #4 Who benefits from or will be burdened by your proposal? What are your strategies for advancing racial equity or mitigating unintended consequenc- es? Based on your data and stakeholder input, you should step back and assess your proposal and think about complementary strategies that will help to advance racial equity. Governmental decisions are often complex and nuanced with both intended and unintend- ed impacts. For example, when cities and counties face the necessity of making budget cuts due to revenue shortfalls, the goal is to balance the budget and the unintended consequence is that people and communities suffer the consequences of cut programs. In a situation like this, it is important to explicitly consider the unintended consequences so that impacts can be mitigated to the maximum extent possible. We often tend to view policies, programs, or practices in isolation. Because racial inequities are perpetuated through systems and structures, it is important to also think about comple- mentary approaches that will provide additional leverage to maximize the impact on racial inequity in the community. Expanding your proposal to integrate policy and program strate- gies and broad partnerships will help to increase the likelihood of community impact. Here are some examples: • Many excellent programs have been developed or are being supported through health programs and social services. Good programs and services should continue to be support- ed, however, programs will never be sufficient to ultimately achieve racial equity in the community. If you are working on a program, think about policy and practice changes that can decrease the need for programs. • Many jurisdictions have passed “Ban-the-Box” legislation, putting limitations on the use of criminal background checks in employment and/or housing decisions. While this is a policy that is designed to increase the likelihood of success for people coming out of in- carceration, it is not a singular solution to racial inequities in the criminal justice system. To advance racial equity in the criminal justice system, we need comprehensive strategies that build upon good programs, policies, and partnerships. You should be able to answer the following questions about strategies to advance racial equity: 1. Given what you have learned from the data and stakeholder involvement, how will the 2.1 Packet Pg. 41 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 11 proposal increase or decrease racial equity? Who would benefit from or be burdened by your proposal? 2. What are potential unintended consequences? What are the ways in which your proposal could be modified to enhance positive impacts or reduce negative impacts? 3. Are there complementary strategies that you can implement? What are ways in which existing partnerships could be strengthened to maximize impact in the community? How will you partner with stakeholders for long-term positive change? 4. Are the impacts aligned with the your community outcomes defined in Step #1? STEP #5 What is your plan for implementation? Now that you know what the unintended consequences, benefits, and impacts of the proposal and have developed strategies to mitigate unintended consequences or expand impact, it is important to focus on thoughtful implementation. You should be able to answer the following about implementation: 1. Describe your plan for implementation. 2. Is your plan: • realistic? • adequately funded? • adequately resourced with personnel?; • adequately resourced with mechanisms to ensure successful implementation and enforcement? • adequately resourced to ensure on-going data collection, public reporting, and community engagement? If the answer to any of these questions is no, what resources or actions are needed? STEP #6 How will you ensure accountability, communicate, and evaluate results? Just as data was critical in analyzing potential impacts of the program or policy, data will be important in seeing whether the program or policy has worked. Developing mechanisms for collecting data and evaluating progress will help measure whether racial equity is being ad- vanced. Accountability entails putting processes, policies, and leadership in place to ensure that pro- gram plans, evaluation recommendations, and actions leading to the identification and elimi- nation of root causes of inequities are actually implemented. How you communicate about your racial equity proposal is also important for your success. Poor communication about race can trigger implicit bias or perpetuate stereotypes, often times unintentionally. Use a communications tool, such as the Center for Social Inclusion’s Talking About Race Right Toolkit to develop messages and a communications strategy. Racial equity tools should be used on an ongoing basis. Using a racial equity tool at different phases of a project will allow now opportunities for advancing racial equity to be identified and implemented. Evaluating results means that you will be able to make any adjustments to maximize impact. You should be able to answer the following questions about accountability and implementation: 2.1 Packet Pg. 42 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 12 1. How will impacts be documented and evaluated? Are you achieving the anticipated out- comes? Are you having impact in the community? 2. What are your messages and communication strategies that are will help advance racial equity? 3. How will you continue to partner and deepen relationships with communities to make sure your work to advance racial equity is working and sustainable for the long haul? VI. What if you don’t have enough time? The reality of working in government is that there are often unanticipated priorities that are sometimes inserted on a fast track. While it is often tempting to say that there is insufficient time to do a full and complete application of a racial equity tool, it is important to acknowledge that even with a short time frame, asking a few questions relating to racial equity can have a meaningful impact. We suggest that the following questions should be answered for “quick turn around” decisions: • What are the racial equity impacts of this particular decision? • Who will benefit from or be burdened by the particular decision? • Are there strategies to mitigate the unintended consequences? VII. How can you address barriers to successful implementation? You may have heard the phrase, “the system is perfectly designed to get the outcomes it does.” For us to get to racially equitable outcomes, we need to work at the institutional and struc- tural levels. As a part of institutions and systems, it is often a challenge to re-design systems, let alone our own individual jobs. One of the biggest challenges is often a skills gap. Use of a racial equity tool requires skill and competency, so it will be important for jurisdictions to provide training, mentoring, and support for managers and staff who are using the tool. GARE has a training curriculum that supports this Toolkit, as well as a “train-the-trainer” program to increase the capacity of racial equity advocates using the Toolkit. Other barriers to implementation that some jurisdictions have experienced include: • a lack of support from leadership; • a tool being used in isolation; • a lack of support for implementing changes; and, • perfection (which can be the enemy of good). Strategies for addressing these barriers include: • building the capacity of racial equity teams. Training is not just to cultivate skills for indi- vidual employees, but is also to build the skill of teams to create support for group imple- mentation and to create a learning culture; • systematizing the use of the Racial Equity Tool. If the Racial Equity Tool is integrated into routine operations, such as budget proposal forms or policy briefing forms, then manage- ment and staff will know that it is an important priority; • recognizing complexity. In most cases, public policy decisions are complex, and there are numerous pros, cons and trade-offs to be considered. When the Racial Equity Tool is used on an iterative basis, complex nuances can be addressed over time; and, 2.1 Packet Pg. 43 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 13 • maintaining accountability. Build the expectation that managers and directors routinely use the Racial Equity Tool into job descriptions or performance agreements. Institutionalizing use of a racial equity tool provides the opportunity to develop thoughtful, realistic strategies and timelines that advance racial equity and help to build long-term com- mitment and momentum. VIII. How does use of a racial equity tool fit with other racial equity strategies? Using a racial equity tool is an important step to operationalizing equity. However, it is not sufficient by itself. We must have a much broader vision of the transformation of government in order to advance racial equity. To transform government, we must normalize conversations about race, operationalize new behaviors and policies, and organize to achieve racial equity. GARE is seeing more and more jurisdictions that are making a commitment to achieving racial equity, by focusing on the power and influence of their own institutions, and working in part- nership across sectors and with the community to maximize impact. We urge you to join with others on this work. If you are interested in using a racial equity tool and/or joining local and regional government from across the country to advance racial equity, please let us know. 2.1 Packet Pg. 44 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 14 Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity APPENDICES 2.1 Packet Pg. 45 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 15 Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity APPENDIX A Glossary of Frequently Used Terms Bias Prejudice toward one group and its members relative to another group. Community Indicator The means by which we can mea- sure socioeconomic conditions in the community. All community indicators should be disaggregated by race, if possible. Contracting Equity Investments in contracting, consult- ing, and procurement should ben- efit the communities a jurisdiction serves, proportionate to the jurisdic- tions demographics. Equity Result The condition we aim to achieve in the community. Explicit Bias Biases that people are aware of and that operate consciously. They are expressed directly. Implicit Bias Biases people are usually unaware of and that operate at the subcon- scious level. Implicit bias is usually expressed indirectly. Individual Racism Pre-judgment, bias, or discrimination based on race by an individual. Institutional Racism Policies, practices, and procedures that work better for white people than for people of color, often unin- tentionally. Performance Measure Performance measures are at the county, department, or program level. Appropriate performance Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 16 Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity APPENDIX B City of Seattle Racial Equity Toolkit On the following pages you will find an excerpt of the racial equity tool used by the City of Seat- tle as an example of what such tools can look like in practice. As discussed in Section 3 of the Resource Guide, the Seattle City Council passed an ordinance in 2009 that directed all City de- partments to use the Racial Equity Toolkit, including in all budget proposals made to the Budget Office. This directive was reaffirmed by an executive order of Mayor Ed Murray in 2014. The Racial Equity Tool is an analysis applied to City of Seattle’s policies, programs, and budget decisions. The City of Seattle has been applying the Racial Equity Toolkit for many years but as the City’s Race and Social Justice Initiative (RSJI) becomes increasingly operationalized, the expectation and accountabilities relating to its use are increasing. In 2015, Mayor Murray required departments to carry out four uses of the toolkit annually. This will also become a part of performance measures for department heads. 2.1 Packet Pg. 47 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 17 Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity APPENDIX B: CITY OF SEATTLE RACIAL EQUITY TOOLKIT 2.1 Packet Pg. 48 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 18 Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity APPENDIX B: CITY OF SEATTLE RACIAL EQUITY TOOLKIT 2.1 Packet Pg. 49 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 19 Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity APPENDIX B: CITY OF SEATTLE RACIAL EQUITY TOOLKIT 2.1 Packet Pg. 50 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 20 Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity APPENDIX B: CITY OF SEATTLE RACIAL EQUITY TOOLKIT 2.1 Packet Pg. 51 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 21 Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity APPENDIX B: CITY OF SEATTLE RACIAL EQUITY TOOLKIT 2.1 Packet Pg. 52 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 22 Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity Step #1 What is your proposal and the desired results and outcomes? 1. Describe the policy, program, practice, or budget decision (for the sake of brevity, we refer to this as a “proposal” in the remainder of these steps) 2. What are the intended results (in the community) and outcomes (within your own organi- zation)? 3. What does this proposal have an ability to impact? Children and youth Health Community engagement Housing Contracting equity Human services Criminal justice Jobs Economic development Parks and recreation Education Planning / development Environment Transportation Food access and affordability Utilities Government practices Workforce equity Other _____________________ Step #2 What’s the data? What does the data tell us? 1. Will the proposal have impacts in specific geographic areas (neighborhoods, areas, or re- gions)? What are the racial demographics of those living in the area? 2. What does population level data, including quantitative and qualitative data, tell you about existing racial inequities? What does it tell you about root causes or factors influencing racial inequities? 3. What performance level data do you have available for your proposal? This should include data associated with existing programs or policies. 4. Are there data gaps? What additional data would be helpful in analyzing the proposal? If so, how can you obtain better data? APPENDIX C Racial Equity Tool Worksheet 2.1 Packet Pg. 53 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 23 Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity APPENDIX C: RACIAL EQUITY TOOL WORKSHEET Step #3 How have communities been engaged? Are there opportunities to expand engagement? 1. Who are the most affected community members who are concerned with or have expe- rience related to this proposal? How have you involved these community members in the development of this proposal? 2. What has your engagement process told you about the burdens or benefits for different groups? 3. What has your engagement process told you about the factors that produce or perpetuate racial inequity related to this proposal? Step #4 What are your strategies for advancing racial equity? 1. Given what you have learned from research and stakeholder involvement, how will the pro- posal increase or decrease racial equity? Who would benefit from or be burdened by your proposal? 2. What are potential unintended consequences? What are the ways in which your proposal could be modified to enhance positive impacts or reduce negative impacts? 3. Are there complementary strategies that you can implement? What are ways in which ex- isting partnerships could be strengthened to maximize impact in the community? How will you partner with stakeholders for long-term positive change? 4. Are the impacts aligned with your community outcomes defined in Step #1? Step #5 What is your plan for implementation? 1. Describe your plan for implementation. 2. Is your plan: Realistic? Adequately funded? Adequately resourced with personnel? Adequately resources with mechanisms to ensure successful implementation and en- forcement? Adequately resourced to ensure on-going data collection, public reporting, and com- munity engagement? If the answer to any of these questions is no, what resources or actions are needed? 2.1 Packet Pg. 54 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 24 Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity Step #6 How will you ensure accountability, communicate, and evaluate results? 1. How will impacts be documented and evaluated? Are you achieving the anticipated out- comes? Are you having impact in the community? 2. What are your messages and communication strategies that are will help advance racial equity? 3. How will you continue to partner and deepen relationships with communities to make sure your work to advance racial equity is working and sustainable for the long-haul? APPENDIX C: RACIAL EQUITY TOOL WORKSHEET 2.1 Packet Pg. 55 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 25 Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity Agency/ Organization Project Tool(s) Used Purpose & Outcomes (if applicable) Clerk’s Office 2015–2016 work plan Equity & Em- powerment Lens (Mult. Co.) Adopted new mission, vision, work plan, and evaluation plan with racial equity goals Streets Division Analysis of neigh- borhood trash pickup RESJI analysis (comprehen- sive) Recommendations to adjust large item pickup schedule based on neighbor- hood & seasonal needs Madison Out of School Time (MOST) Coalition Strategic planning RESJI analysis (fast-track) Adopted strategic directions, including target populations, informed by racial equity analysis Public Health Madison & Dane County Dog breeding & li- censing ordinance RESJI analysis (comprehen- sive) Accepted recommendation to table initial legislation & develop better pol- icy through more inclusive outreach; Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 26 Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity Agency/ Organization Project Tool(s) Used Purpose & Outcomes (if applicable) Planning, Commu- nity & Econ. Devel. Dept. Judge Doyle Square develop- ment (public/pri- vate, TIF-funded) RESJI analysis (fast-track); ongoing con- sultation Highlight opportunities for advance- ment of racial equity; identify potential impacts & unintended consequences; document public-private development for lessons learned and best practices Parks Division Planning for accessible play- ground TBD Ensure full consideration of decisions as informed by community stakehold- ers, with a focus on communities of color and traditionally marginalized communities, including people with disabilities. Fire Department Updates to pro- motional process- es TBD Offer fair and equitable opportunities for advancement (specifically Appara- tus Engineer promotions) APPENDIX D: APPLICATIONS OF A RACIAL EQUITY TOOL IN MADISON, WI 2.1 Packet Pg. 57 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) The Center for Social Inclusion’s mission is to catalyze grassroots community, government, and other institutions to dismantle structural racial inequity. We apply strategies and tools to transform our nation’s policies, practices, and institutional culture in order to ensure equitable outcomes for all. As a national policy strategy organization, CSI works with community advocates, government, local experts, and national leaders to build shared analysis, create policy strategies that engage and build multi-generational, multi-sectoral, and multi-racial alliances, and craft strong communication narratives on how to talk about race effectively in order to shift public discourse to one of equity. CENTERFORSOCIALINCLUSION.ORG / 212.248.2785 © 2015 The Local & Regional Government Alliance on Race and Equity / Published September 2015 The Haas Institute for a Fair and Inclusive Society at the University of California, Berkeley brings together researchers, community stakeholders, policymakers, and communicators to identify and challenge the barriers to an inclusive, just, and sustainable society and create transformative change. The Institute serves as a national hub of a vibrant network of researchers and community partners and takes a leadership role in translating, communicating, and facilitating research, policy, and strategic engagement. The Haas Institute advances research and policy related to marginalized people while essentially touching all who benefit from a truly diverse, fair, and inclusive society. HAASINSTITUTE.BERKELEY.EDU / 510.642.3011 2.1 Packet Pg. 58 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) Government Alliance on Race and Equity TOOLKIT Racial Equity Toolkit: An Opportunity to Operationalize Equity 28 RACIALEQUITYALLIANCE.ORG 2.1 Packet Pg. 59 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) GARE Logic Model Operationalize Organize Normalize CONDITIONS that affect implementation of actions in each phase x Clear vision & mission about RE x Improved understanding of govt’s role in addressing RE among core team x Improved knowledge of RE concepts among core team x Identification of opportunities to integrate RE into routine operations x Improved capacity of local gov’t to implement RE Action Plan (knowledgeable & skilled teams within department) x Groundwork established for inclusive engagement x Accountability mechanisms begin to be established Developing stage……… x Improved knowledge of RE concepts among gov. employees (ability to identify root causes) x Increased skills to deal with and communicate about RE among government employees x RE is integrated into routine operations x A cadre of peer trainers x Partnerships are developed across departments to address cross-cutting issues x Partnerships with CBOs to address RE x Input is sought from communities Across departments, accountability mechanisms are in place to increase and sustain RE focus; to community outcomes are identified Implementing stage……… Sustaining stage……… x Mechanisms are in place for continued and ongoing staff orientation and professional development about RE x Mechanisms to track and gauge impact of RE efforts x Mechanisms to collect data about RE from community x Cultivated career pipelines to develop future candidates from communities of color x Racial demographics of employees reflect community demographics x Partnership development (internal and external) is ongoing x Improved community capacity to address structural racism x Leadership builds & shares power with community In all departments and local government as a whole: ATTACHMENT 3 2.3 Packet Pg. 61 Attachment: Health Equity Index (8334 : Equity and Inclusion) Website Links for Asheville, Tacoma and Oakland Equity Indicators and Dashboards https://avl.maps.arcgis.com/apps/Cascade/index.html?appid=10d222eb75854cba994b9a0083a40740 https://caimaps.info/tacomaequitymap/ http://www2.oaklandnet.com/oakca1/groups/cityadministrator/documents/report/oak071073.pdf ATTACHMENT 4 2.4 Packet Pg. 62 Attachment: Website Links for Asheville, Tacoma and Oakland Equity Indicators and Dashboards (8334 : Equity and Inclusion) City of Fort Collins’ Equity and Inclusion Efforts DeAngelo Bowden, Janet Freeman, Jackie Kozak Thiel 1 ATTACHMENT 5 2.5 Packet Pg. 63 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Council Direction 2 What feedback does Council have on the planned equity and inclusion efforts? 2.5 Packet Pg. 64 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Presentation Flow StrategicAlignment Historical Timeline Definitions & Framework Current Structure, Challenges & Efforts to Date Government Alliance on Race and Equity (GARE) 2019/2020 Council Priorities Workplan 3 2.5 Packet Pg. 65 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Strategic Alignment STRATEGICALIGNMENT CityPlan Neighborhood Livability & Social Health 1.4 Neighborhood Livability & Social Health 1.3 High Performing Government 7.3 SSD Strategic Plan Council Priorities BUDGET .75 FTE Multicultural Community Retreat $10,000 Revision Offer: $120,000 4 2.5 Packet Pg. 66 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Timeline 5 2015: MCR reinstated • City’s equity team formed 2016: Art of Belonging Community forum 2017: .75 FTE in Social Sustainability • Council priority and resolution on Community Trust • City joined Government Alliance on Race and Equity (GARE) 2018: CityPlan equity focus • Council and City Leaders trained on historical impacts of racism 2019: Council priority Pre-2005 • Human Relations Commission • Office of Human Rights • Diversity trainings • Multicultural Community Retreat (MCR) 2012 – Present 2012: Social Sustainability Department formed 2015: Equity objectives in City and Social’s strategic plans 2.5 Packet Pg. 67 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Equity & Inclusion Equity: Process and outcome Process = Policies, tools and programs that ensure equal access. Inclusion: An intention or policy of including people who might otherwise be excluded or marginalized. Outcome = Everyone has what they need to thrive. EQUITY IS ACHIEVED WHEN APERSON’S IDENTITY NO LONGER PREDICTS OUTCOME. 6 2.5 Packet Pg. 68 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Equitable Service Delivery: City of Fort Collins We strive to provide inclusive and equitable service to all community members. We acknowledge American institutional systems carry important and documented inequities based on race, income, gender, and more. We understand individuals or communities may need different levels of support to gain equitable outcomes. 7 2.5 Packet Pg. 69 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Embedding Equity 8 2.5 Packet Pg. 70 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Disparity Examples in Fort Collins 434 people 30% of Latinx experiencing mortgage applicants homelessness denied 22% are people of 8% of White color applicants denied 68% of White residents believe Fort Collins accepts people of diverse backgrounds 61% of Latinx residents feel this way Sources: Fair Housing Report, Community Survey 9 2.5 Packet Pg. 71 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Poudre School District: Graduation Rates 10 2.5 Packet Pg. 72 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) City of Fort Collins’ Role in Advancing Equity Interpersonal: 1:1 interactions Institutional: Programs, policies and projects Systemic: Interplay with other Fort Collins institutions 11 2.5 Packet Pg. 73 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) How Our Efforts are Structured Dedicated Staff: • .75 FTE Equity and Inclusion Coordinator • Urban Sustainability Directors Network Fellow: six-month appointment Cross-Functional Teams: • 75+ staff and community partners Advisory Groups: • Boards and Commissions, community partners Supporting Staff 12 2.5 Packet Pg. 74 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Existing 13 § Community members § Colorado State University § Community Equity Consortium § Faith communities § Larimer County § Local experts § Poudre School District § Private-sector business owners § Nonprofits § Front Range Community College § Underserved community members § Seniors and youth § Immigrant communities Systemic Impacts: Community Partners Opportunities for strengthened/deeper engagement 2.5 Packet Pg. 75 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Accomplishment Highlights Enhanced Internal Capacity Equitable City Processes, Programs and Policies Welcoming, Inclusive Community Create Shared Understanding Boards and Commissions Report Municipal Equality Index Trainings: Frontline staff - Council and Leadership Community Trust Resolution Multicultural Community Retreat Respectful Workplace Training Expanded Purchasing Policy ClimateWise: Equity and Inclusion in Social Badge Respect Campaign Our Climate Future Diversity Appreciation Banners 15 2.5 Packet Pg. 76 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Challenges Systems of inequity are deep and pervasive Despite many great accomplishments, limited success embedding across organization Lack of shared language, analysis and framework create inconsistency Opportunities for greater workforce diversity 15 2.5 Packet Pg. 77 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Government Alliance on Race and Equity (GARE) 16 2.5 Packet Pg. 78 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) GARE Jurisdictions • Technical assistance • Free tools • Learning opportunities 17 2.5 Packet Pg. 79 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Equity Framework Equity for all, leading with race 18 2.5 Packet Pg. 80 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) GARE Logic Model 19 2.5 Packet Pg. 81 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) 2019 Council Priority 20 1. Co-create principles of community 2. Develop indicators and metrics 3. Implement the usage of an equity lens (including staff and Council training) 4. Consider a resolution regarding anti-discrimination 2.5 Packet Pg. 82 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Principles of Community 21 2.5 Packet Pg. 83 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Equity Metrics and Dashboard Tacoma, Washington Asheville, North Carolina 22 2.5 Packet Pg. 84 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Deploying an Equity Lens Community engagement happens at every step Set vision Gather data Analyze data & develop strategies Implement solutions Evaluate and communicate the impact 23 2.5 Packet Pg. 85 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Deploying an Equity Lens: Our Climate Future 1. Set vision 2. Gather data • Process • Outcome • Stakeholder Mapping • Community Leading Engagement Debriefing with City Plan Community Partners & Plan Ambassadors 24 2.5 Packet Pg. 86 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Deploying an Equity Lens 3. Analyze data & develop strategies 4. Implement solutions 5. Evaluate / communicate the impact • Quantity • Quality • Is anyone better off • Identifying gaps • Co-create strategies with community • Institutionalizing equity tools • Building workforce capacity • Maintaining accountability 25 2.5 Packet Pg. 87 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Workplan: Remainder of 2019 Public Engagement Anti-Discrimination Resolution Equity Team Restructuring Budgeting for Outcomes: Revision Offer 26 § GapsAnalysis § Metrics / Equity Indicators § Dashboard § Principles of Community § Align to Council priority § Further embed across organization § New Sr. Engagement Specialist onboarding and community introductions § Continued IAP2 training and application 2.5 Packet Pg. 88 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) 2020 Workplan Address Council priorities / Seek feedback Strengthen staff capacity / Council training Further embed equity into all outcome areas Multicultural Community Retreat Regional cohort Budget Offer: Equity lens deployment and training 27 2.5 Packet Pg. 89 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) Council Direction What feedback does Council have on the planned equity and inclusion efforts? Public Engagement Anti-Discrimination Resolution Equity Team Restructuring Budgeting for Outcomes: Revision Offer (data, dashboard, principles) Address council priorities / Seek feedback Strengthen staff capacity / Council training Further embed equity into all outcome areas Multicultural Community Retreat Regional cohort Budget Offer: Equity lens deployment and training 2019: 2020: 28 2.5 Packet Pg. 90 Attachment: Powerpoint presentation (8334 : Equity and Inclusion) DATE: STAFF: October 8, 2019 Jennifer Poznanovic, Project and Revenue Manager Lance Smith, Utilities Strategic Finance Director WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION 2019 Fee Update. EXECUTIVE SUMMARY The purpose of this item is to review fee updates associated with Electric Capacity Fees, Water Supply Requirement Fees, Wet Utility Plant Investment Fees (PIFs) and Step III of the 2017 Capital Expansion Fees (CEFs). Coordination of Council approved fees began in 2016 to provide a more holistic view of the total cost impact. Previously, fee updates were presented to Council on an individual basis. After the 2019 fee update, fee phasing will be complete with regular two and four-year cadence updates beginning in 2021. 2019 fee updates include: Electric Capacity Fees, Water Supply Requirement Fees, Wet (Water, Wastewater and Stormwater) Utility Plant Investment Fees and Step III of the 2017 Capital Expansion Fees. Staff proposes the following fee changes: • Wet Utility PIFs as proposed • Electric Capacity Fees as proposed • Water Supply Requirement Fee as proposed • 100% of proposed 2017 Capital Expansion Fees (Step III) • Transportation Capital Expansion Fees (inflation only) Development Review/Building Fees were initially planned to be part of the 2019 update but have been decoupled and will come forward once finalized. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does Council support fee updates to come forward for consideration in November (effective January 1, 2020)? BACKGROUND / DISCUSSION Since October 2016, staff has worked to coordinate the process for updating all new development related fees that require Council approval. Development related fees that are approved by Council are six Capital Expansion Fees, five Utility Fees and Building Development Fees. 3 Packet Pg. 91 October 8, 2019 Page 2 Previously, fee updates were presented to Council on an individual basis. However, it was determined that updates should occur on a regular two and four-year cadence and fees updates should occur together each year to provide a more holistic view of the impact of any fee increases. Fee coordination includes a detailed fee study analysis for Capital Expansion Fees (CEFs), Transportation Capital Expansion Fees (TCEFs) and Development Review/Building Fees every four years. This requires an outside consultant through a request for proposal (RFP) process where data is provided by City staff. Findings by the consultant are also verified by City staff. For Utility Fees, a detailed fee study is planned every two years. These are internal updates by City staff with periodic consultant verification. In the future, fee study analysis will be targeted in the odd year before Budgeting for Outcomes (BFO). In years without an update, an inflation adjustment occurs. Below is the current fee timeline: Phase I of the fee updates included CEFs, TCEFs, Electric Capacity Fees, and Raw Water/CIL and were adopted in 2017. Phase II included Wet Utility PIFs and step II of CEFs and TCEFs, which were approved in 2018. Development review and building permit fees were originally included in Phase II but were decoupled from the 2018 update. Due to the concern in the development and building community around fee changes, Council asked for a fee working group to be created to foster a better understanding of fees prior to discussing further fee updates. In August of 2017, the Fee Working Group commenced comprised of a balanced group of stakeholders – citizens, 3 Packet Pg. 92 October 8, 2019 Page 3 business-oriented individuals, City staff and a Council liaison. The Fee Working Group met 14 times and was overall supportive of the fee coordination process and proposed fee updates. The 2019 phase III update includes Electric Capacity Fees, Water Supply Requirement Fees, Wet Utility Plant Investment Fees and Step III of the 2017 Capital Expansion Fees. After the 2019 fee update, fee phasing will be complete with regular two and four-year cadence updates beginning in 2021. Development Review/Building Fees were initially planned to be part of the 2019 update but have been decoupled and will come forward once finalized. The 2019 Fee Working Group is focused on Development Review/Building Fees only and has met four times as of mid-September. The 2019 Fee Working Group consists of a balanced group of stakeholders – citizens, business-oriented individuals and City staff. 2019 Utility Fee Updates The proposed changes to Utility Fees for a single-family, residential home include a 1.7% increase to the Electric Capacity Fee (ECF) and increases to the three Wet Utility Fees ranging between 1.5% and 6.7%. The Water Plant Investment Fee (PIF) is proposed to increase 6.7%, the Wastewater PIF is proposed to increase 1.5% and the Stormwater PIF is proposed to increase 3.3% from current fee levels. The chart below summarizes the proposed Utility Fees for a single-family home, assuming an 8,600 square feet lot and 4 bedrooms: 2019 Capital Expansion Fee Updates The chart below shows the current and proposed fee updates for CEFs: 3 Packet Pg. 93 October 8, 2019 Page 4 Step III fees are a 12.6 % increase from current fee levels (Step II). CEF fee increases are 100% of full fee levels recommended in 2017. The CPI-U index for Denver-Aurora-Lakewood is used for CEF inflation. The Engineering News Record for TCEFs. Comparison Charts Fort Collins proposed fees are in the upper-middle of the pack: The following chart shows neighboring cities across water districts with and without raw water. Fort Collins fees are in line with neighboring cities: 3 Packet Pg. 94 October 8, 2019 Page 5 Fort Collins fees and the cost of code is leveling as a percentage of median new home sales price: Community Outreach In an effort towards better communication, outreach and notification of impact fee changes, staff met with nine organizations across the City in the summer 2019. Overall, organizations were supportive of the approach and cadence. There was acknowledgement that regular fee updates are necessary. Staff also heard: • Supportive of 2018 fee group recommendations • Progressive fees/if where possible • Investigate revenue alternatives to support parks refresh & maintenance • Explore stronger support for affordable housing • Concerns about attainable housing - it may be less desirable to live here • Policy questions - development standards going forward, alignment on total cost (including operations and maintenance) 3 Packet Pg. 95 October 8, 2019 Page 6 Below is the 2019 fee roadmap: ATTACHMENTS 1. 2019 Capital Expansion Fee Update Memo, July 24, 2019 (PDF) 2. Powerpoint presentation (PDF) 3 Packet Pg. 96 Economic Health Office 300 LaPorte Avenue PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com MEMORANDUM DATE: July 24, 2019 TO: Mayor and Councilmembers CC: Darin Atteberry, City Manager; Jeff Mihelich, Deputy City Manager; Jacqueline Kozak-Thiel, Chief Sustainability Officer Josh Birks, Economic Health and Redevelopment Director FROM: Denichiro “Denny” Otsuga, Chair – Economic Advisory Commission; Connor Barry, Vice-Chair – Economic Advisory Commission; and Members, Economic Advisory Commission for 2019 RE: 2019 CAPITAL EXPANSION FEE UPDATE On July 17, the Economic Advisory Commission (EAC) received a presentation from Jennifer Poznanovic, and Randy Reuscher, on the current progress of the 2019 Capital Expansion and Utilities Fee Review and update. The purpose of this memorandum is to support currently proposed fee review and suggest methodologies for systematizing future fee review. Summary of Discussion: The Commission and its members noted the following: • Proposed fees appear to be in line with surrounding cities and that fees as a percentage of median home sales price seem reasonable methodology. - The Commission noted home size classification used should be updated in the future. • Noted the Water Supply Requirement charge of ~24% was an outlier among the other fee adjustments. - The Commission questioned whether the CPI for the Denver-Aurora-Lakewood was suitable and if other measures should be considered in order to smooth any future adjustments. • The changes required for funding continued park maintenance should be given a degree of priority in future updates. The staff responded that such consideration was outside the scope of this study. The Council is aware of the matter, and the changes are being considered for future studies. • The presenters stated that addressing infrastructure need to meet the peak demand continues to be an important factor, of the fee review and for utilities in particular. - The staff responded that the current primary mechanism for addressing user behavior is education while possible technological solutions or incentive structures have not been rigorously explored. - The Commission believes that investigating the role of technology or incentives would be meaningful. An incentive program could encourage adoption of more efficient technologies during the design/construction stage or induce to participate in conservation practices by offering specific rewards for adopting desired use behaviors (installing xeriscaping instead of turf, for example). - The Commissions encourages staff to incorporate a study of technological or incentive solutions as part of future fee reviews. ATTACHMENT 1 3.1 Packet Pg. 97 Attachment: 2019 Capital Expansion Fee Update Memo, July 24, 2019 (8360 : 2019 Fee Update) 1 2019 Fee Update October 8, 2019 Council Work Session ATTACHMENT 2 3.2 Packet Pg. 98 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) Agenda 2 • Fee Scope, Timeline & Background • Proposed 2019 Fee Updates – Effective in 2020 • Comparison Charts • Community Outreach Feedback • Council Direction 3.2 Packet Pg. 99 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) Fee Coordination 3 Objective: • Review fee updates together to provide a holistic view of the total cost impact • Bring impact fees forward per a defined cadence….. 2 - 4 years Type of Fee Fee Name Capital Expansion Neighborhood Park Capital Expansion Community Park Capital Expansion Fire Capital Expansion Police Capital Expansion General Government Capital Expansion Transportation Utility Water Supply Requirement Utility Electric Capacity Utility Sewer Plant Investment Utility Stormwater Plant Investment Utility Water Plant Investment Building Development Development Review, Building Permit & Engineering Fees 3.2 Packet Pg. 100 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) Fee Timeline 4 Detailed fee studies: • 4 years for CEF, TCEFs & Development fees • 2 years for Utility fees In years without updates, an annual inflation adjustment occurs Phase 1 Phase 2 Phase 3 2019 Fee Group – Development Review/Building Fees only • Four meetings as of early September • Decoupled from 2019 fee update • Plan to bring forward updates once finalized 2016 2017 2018 2019 2020 2021 Capital Expansion Fees Update Step II Step III Update Transportation CEFs Update Step II Update Electric Capacity Fees Update Update Update Water Supply Requirement Update Update Update Wet Utility Fees Update Update Update Building Development Fees Update Update Fee Working Group Active Active Active 3.2 Packet Pg. 101 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) 5 Utility Fees Utility Fee Current Charge 2020 Charge $ Change % Change Electric Capacity Fee $1,537 $1,563 $ 26 1.7% Water PIF $ 3,826 $ 4,084 $ 258 6.7% Wastewater PIF $ 3,537 $ 3,590 $ 53 1.5% Stormwater PIF $ 1,548 $ 1,600 $ 52 3.3% Water Supply Requirement* $11,160 $13,838 $ 2,678 24.0% • Assumes residential, single-family home with an 8,600 square feet lot and 4 bedrooms *Charges for going over annual water allotment are tied to increase in Water Supply Requirement 3.2 Packet Pg. 102 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) 6 Water PIFs Customer Class Criteria Current Charge 2020 Charge $ Change % Change Single Family 8,600 sq ft 3,826 4,084 $ 258 6.7% Duplex & Multi-family 3,435 sq ft 1,423 1,546 $ 123 8.6% Commercial Meter Size 3/4" by tap size 7,930 8,790 $ 860 10.8% 1" by tap size 20,960 23,060 $ 2,100 10.0% 1 1/2" by tap size 43,510 45,610 $ 2,100 4.8% 2" by tap size 72,450 78,820 $ 6,370 8.8% WATER Plant Investment Fees 3.2 Packet Pg. 103 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) 7 Wastewater PIFs 2018 2020 Change in Proposed % Customer Class Volume Volume Volume PIF Change GPD GPD GPD $ Single family residential 230 229 -0.4% 3,590 1.5% Duplex and Multi-family 170 165 -2.9% 2,590 0.1% Commercial Meter Size - inches 3/4 490 492 0.4% 7,710 2.6% 1 1,080 1,096 1.5% 17,190 3.8% 1.5 2,070 2,063 -0.3% 32,350 2.0% 2 4,300 4,281 -0.4% 67,120 2.0% Wastewater Plant Investment Fees 3.2 Packet Pg. 104 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) 8 Stormwater PIFs Rate Class 2019 2020 $ Change % Change Gross Area Developed (sq ft) 8,600 8,600 Common Area Allocation (sq ft) 6,156 6,156 Base Rate (per acre*) $9,142 $9,447 Runoff Coefficient 0.5 0.5 Total Fee $1,548 $1,600 $52 3.3% Gross Area Developed (sq ft) 43,560 43,560 Base Rate (per acre*) $9,142 $9,447 Runoff Coefficient 0.8 0.8 Total Fee $7,314 $7,558 $244 3.3% Commercial Stormwater Plant Investment Fee Residential 3.2 Packet Pg. 105 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) Capital Expansion Fees Step III 9 • Step III fees are an 12.6% increase from current fee levels (Step II) • CEF fee increases are 100% of full fee levels recommended in 2017 • Inflation: CPI-U index for Denver-Aurora-Lakewood, Engineering News Record for TCEFs Step III - Full fees proposed in 2017 with inflation Land Use Type Unit N'hood Park Comm. Park Fire Police Gen. Gov't Step III Total w Inflation % Increase w Inflation TCEF Total w Inflation Total % Increase w Inflation Residential,up to 700 sq. ft. Dwelling $1,855 $2,619 $454 $254 $619 $5,801 12.6% $2,336 8.9% Residential,701-1,200 sq. ft. Dwelling $2,483 $3,506 $614 $344 $834 $7,782 12.6% $4,338 8.0% Residential,1,201-1,700 sq. ft. Dwelling $2,712 $3,828 $668 $374 $911 $8,493 12.6% $5,632 7.5% Residential,1,701-2,200 sq. ft. Dwelling $2,740 $3,868 $679 $379 $925 $8,591 12.6% $6,586 7.1% Residential,over 2,200 sq. ft. Dwelling $3,053 $4,312 $756 $423 $1,029 $9,573 12.6% $7,059 7.2% Commercial 1,000 sq. ft. 0 0 $572 $320 $1,564 $2,456 12.6% $8,594 3.1% Office and Other Services 0 0 $572 $320 $1,564 $2,456 12.6% $6,331 3.7% Industrial/Warehouse 1,000 sq. ft. 0 0 $134 $74 $369 $577 12.6% $2,043 3.1% 3.2 Packet Pg. 106 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) Fee Comparison: For Median New Home Sales Price $488K* 10 Fort Collins Proposed Fees in the Upper-Middle of the Pack 3.2 Packet Pg. 107 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) Neighboring Cities New Median Sales Comparison with Fees 11 Fort Collins Fees are Inline with Neighboring Cities 3.2 Packet Pg. 108 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) Fort Collins Fee Stack Median New Home Sales 12 Fort Collins Fees & Code Cost Impact is Leveling % of Median New Home Sales Price 3.2 Packet Pg. 109 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) Summer 2019 Outreach 13 Organization Affordable Housing Board Building Review Board Economic Advisory Commission Fort Collins Board of Realtors Local Legislative Affairs Committee Northern Colorado Homebuilder's Association Super Issues Forum Energy Board Water Board 3.2 Packet Pg. 110 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) 2019 Outreach: What We Heard 14 Overall supportive of approach and cadence We also heard: • Acknowledgement that regular fee updates are necessary • Supportive of 2018 fee group recommendations • Progressive fees/if where possible • Investigate revenue alternatives to support parks refresh & maintenance • Explore stronger support for affordable housing • Concerns about attainable housing - it may be less desirable to live here • Policy questions - development standards going forward, alignment on total cost (including operations and maintenance) 3.2 Packet Pg. 111 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) 2019 Roadmap 15 • All fee categories initially planed to update in 2019 except for Transportation CEFs • Phasing complete after 2019 with regular two and four-year cadence beginning in 2021 • Building Development Fees decoupled from the 2019 update May June/July August October November 1/1/2020 Capital Expansion Fees CFC Outreach CFC Council Ordinance Effective Transportation CEFs Electric Capacity Fees CFC Outreach CFC Council Ordinance Effective Water Supply Requirement CFC Outreach CFC Council Ordinance Effective Wet Utility Fees CFC Outreach CFC Council Ordinance Effective Building Development Fees Working Group Working Group 3.2 Packet Pg. 112 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) Direction Sought 16 Does Council support fee updates to come forward for consideration in November (effective January 1, 2020)? 3.2 Packet Pg. 113 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) Backup 17 3.2 Packet Pg. 114 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) Why Do We Have Impact Fees 18 Capital Expansion Fees • New developments pays a proportionate share of infrastructure costs to “buy-in” to the level of service • Fee revenue used to build new service capacity • In place since 1996 Development Review Fees • Fees are intended to recoup the cost to the City for ensuring compliance with: • Planning, zoning and architectural/design standards • Adopted master plans • Building codes / resident safety Utility Plant Investment Fees • Provides a mechanism for new development to reimburse existing utility customers for existing infrastructure • Fee revenue used to build additional infrastructure The concept of growth paying for the impact of growth is a policy decision that City Council made and continues to support Fee Revenue Used to Add Infrastructure Needed Because of Growth 3.2 Packet Pg. 115 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) Fee Overview: Methodologies Different methodologies used across fee categories: • Level of Service or Buy-in: Fees are set by assessing City’s capitalized assets or “level of service” and who’s using the assets. Development “buys in” to that level of service • Plan-based: Fees are set based on a capital improvement plan and development pays a portion of their impact on that plan • Hybrid: fees assessed using aspects of plan and level of service • Cost Recovery: fees are assessed based on recovering all or a portion of the cost of administering a particular program 19 3.2 Packet Pg. 116 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) Overview of Fees 20 Fee Methodology Calculation Capital Expansion (CEFs) Level of Service Asset Value/ Who’s Using Transportation Capital Expansion (TCEFs) Plan-based Capital Improvement Plan & Vehicle Miles Travelled, Type of Land Use Utility Plant Investment: Electric PIFs, Stormwater Level of Service Asset Value/ Who’s Using Raw Water/ Cash-in-Lieu Hybrid (recommended) Future water storage + Value of current assets Utility Plant Investment: Water, Wastewater Hybrid Capital Improvement Plan & Current Asset Values Development Review Cost Recovery Cost Recovery at 100% per code 3.2 Packet Pg. 117 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) 2017 Recap 21 Council directed stepped implementation for CEF & TCEF in 2017 Success Factors: • Bringing fees together was good for understanding the full impact of fees • Formed citizen/staff working group Lessons Learned: • Fee increase recommendations were significant, caused confusion in the community • Difficult to explain with different methodologies and qualitative aspect Fee Status as of October 2017 Next Steps CEFs • 75% of fees implemented • Phased in approach - three steps TCEFs • 80% of fees implemented • Phased in approach - two steps Electric Capacity • 100% of fees implemented • Every two years Raw Water • 100% of fees implemented • Every two years 3.2 Packet Pg. 118 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) 2017 – Drivers of Fee Increases 22 Capital Expansion Fees (2017 proposed increase 71% to 79%): • Fee based on replacement cost of existing infrastructure • Cost of construction, land, water up significantly since last fee revision Transportation Capital Expansion Fees (2017 proposed changes -32% to 114%): • Cost of construction up since last fee revision • Current transportation plan & calculation shift Electric Capacity Fees (2017 changes approximately -50% to 40%): • Change in methodology from plan-based to “buy-in” Raw Water Fees (effective 1/1/2018): • New fee model - value of the existing water rights portfolio & growth related capital expenses Large Increase Created Significant Business Community Concern 3.2 Packet Pg. 119 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) 2018 Recap 23 Fee Group overall supportive of the fee coordination process and proposed fee updates • Council asked for a fee working group to foster a better understanding of fees prior to further fee updates • Balanced group of stakeholders – citizens, business-oriented individuals, City staff and a Council liaison • Met 14 times Fee Status as of January 2019 Next Steps CEFs • 90% of fees implemented • Phased in approach - three steps TCEFs • 100% of fees implemented • Phased in approach - two steps complete Utility PIFs • 100% of fees implemented • Every two years 3.2 Packet Pg. 120 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) 24 • Review of impact fees together is beneficial for understanding the full impact of fee updates • Overall, sound methodologies, calculations and inputs • The third-party fee audit revealed how the City spends and collects impact fees is sound • Impact fee amenities add to property value, but views differ as to what extent they impact housing costs Key Findings • Impact fees are complicated and difficult to communicate across the community • Park impact fees are the only category where impact fees pay for 100 percent of what is built • Need to identify new revenue sources for park refresh and maintenance in the future • If less than recommended is approved, alternative revenue sources will be needed Fee Group Findings Fee Group Validated Integrity in Fee Development and Expenditures 3.2 Packet Pg. 121 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) 25 Recommendations 1. Better Communication/Outreach & Notice of Fee Changes 2. Repayment of the $130k Identified in the Impact Fee Audit 3. Progressive Fees if/where Possible 4. Explore Additional Revenue Sources for Parks Buildout 5. Investigate Revenue Alternatives to Support Parks Refresh & Maintenance 6. Explore Stronger Supports for Affordable Housing Fee Waivers Fee Group Recommendations Recommendations Reviewed with Council Finance in September…. Implemented as Appropriate Over Time 3.2 Packet Pg. 122 Attachment: Powerpoint presentation (8360 : 2019 Fee Update) x Implementation of RE Tool x Reputation for addressing RE x Data-informed decision-making processes x Community engagement mechanisms in place x Work to improve community outcomes IMPACT Moving the needle Having impact that decreases racial inequity and improve success for all groups CONDITIONS that affect outcomes in your city and/or region (e.g., political landscape, community incidents, local and state economy) x Establish clear vision and mission x Develop & deliver introductory RE training curriculum x Develop a cadre of skilled internal trainers x Create additional RE training & modules x Conduct biennial employee survey on RE Actions x Create RE organizational structure, including Action Teams within and between depts and with community x Conduct community RE survey x Establish RE fund to build capacity to address structural racism x Convene regional collaborations x Develop RE Plans within & across depts and in four areas (workforce, contracting, community engagement, communications) x Develop RE Plans with community and external partners Outcomes: ATTACHMENT 2 2.2 Packet Pg. 60 Attachment: GARE Theory of Change (8334 : Equity and Inclusion) updated policy adopted Fire Department Planning for new fire station RESJI analysis (comprehen- sive) Recommendations for advancing racial equity and inclusive community en- gagement; development scheduled for 2016–2017 Metro Transit Succession plan- ning for manage- ment hires RESJI equi- table hiring checklist First woman of color promoted to Metro management position in over 20 years Human Resources Department 2015 & 2016 work plans RESJI analysis (fast-track & comprehen- sive) 2015 plan reflects staff input; 2016 work plan to include stakeholder input (est. 10/15) Human Resources Department City hiring process RESJI analysis (comprehen- sive) Human Resources 2015 racial equity report: http://racialequityalliance. org/2015/08/14/the-city-of-madi- sons-2015-human-resources-equity- report-advancing-racial-equity-in-the- city-workforce/ Economic Devel- opment Division Public Market District project RESJI analysis (comprehen- sive) 10 recommendations proposed to Local Food Committee for incorporation into larger plan Public Health Madison & Dane County Strategic planning RESJI analysis (fast-track) Incorporation of staff & stakeholder input, racial equity priorities, to guide goals & objectives (est. 11/15) APPENDIX D Applications of a Racial Equity Tool in Madison, WI 2.1 Packet Pg. 56 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) measures allow monitoring of the success of implementation of actions that have a reasonable chance of influencing indicators and contributing to results. Performance measures respond to three different levels: 1) Quantity—how much did we do?; 2) Quality—how well did we do it?; and 3) Is anyone better off? A mix of these types of performance measures is contained within the recommendations. Racial Equity Race can no longer be used to pre- dict life outcomes and outcomes for all groups are improved. Racial Inequity Race can be used to predict life outcomes, e.g., disproportionality in education (high school graduation rates), jobs (unemployment rate), criminal justice (arrest and incarcer- ation rates), etc. Structural Racism A history and current reality of institutional racism across all institu- tions, combining to create a system that negatively impacts communi- ties of color. Workforce Equity The workforce of a jurisdiction reflects the diversity of its residents, including across the breadth (func- tions and departments) and depth (hierarchy) of government. 2.1 Packet Pg. 46 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) • Workforce equity 2.1 Packet Pg. 38 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) cused on whites and African Americans, but otherwise, pro- vide data for all ra- cial groups analyzed in the research. For consistency, we refer to African Americans and Latinos, although in some of the original research, these groups were referred to as Blacks and Hispanics. 2.1 Packet Pg. 36 Attachment: GARE Racial Equity Toolkit (8334 : Equity and Inclusion) would go before Planning and Zoning Board for recommendation, with final approval by Council via ordinance within 12-18 months. Council could also consider a moratorium as regulations are being developed. 1 Packet Pg. 7