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HomeMy WebLinkAboutAgenda - Mail Packet - 1/4/2022 - Council Finance Committee Agenda - January 6, 2022Finance Administration 215 N. Mason 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com AGENDA Council Finance & Audit Committee January 6, 2022 4:00- 6:00 pm Zoom Meeting https://zoom.us/j/8140111859 Approval of Minutes from the December 1,2021 Council Finance Committee meeting. 1.Financial Policy Updates 30 mins. B. Dunn 2. Consideration of New Revenue Sources 90 mins. J. Poznanovic G. Sawyer Other Business Page 1 of 121 Council Finance Committee Agenda Planning Calendar 2022 RVSD 12/15/21 ts Jan. 6th 2022 Financial Policy Updates 30 min B. Dunn Consideration of Sustainable Funding Sources 90 min J. Poznanovic G. Sawyer Feb. 4th 2022 Broadband Business Plan Update 60 min C. Crager 2023 Development Review and Capital Expansion Fee Updates 25 min D. Lenz EPIC Home Loan Program 30 min J. Phelan C. Conant Mar. 3rd 2022 Sustainable Funding Update TBD J. Poznanovic Debt Offering: Hughes Land, Natural Areas, Golf 30 min B. Dunn 2023-2024 Budget Process Review 30 min L. Pollack 2022 Reappropriation 20 min L. Pollack Note: 2022 Council Finance Committee meeting schedule changed to 1st Thursday of the month from 4-6 pm. Exception being the February meeting which will be on Friday, February 4th from 3-5 pm to accommodate members schedules. Page 2 of 121 Page 3 of 121 Finance Administration 215 N. Mason 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com Finance Committee Meeting Minutes December 1, 2021 3:00 - 5:00 pm Zoom Council Attendees: Julie Pignataro, Kelly Ohlson, Emily Francis, Tricia Canonico Staff: Kelly DiMartino, Kyle Stannert, Travis Storin, John Duval, Theresa Connor, Lance Smith, Eileen Dornfest, Jen Authier, Adam Bromley, Matt Fater, Jennifer Poznanovic, Ginny Sawyer, Molly Reeves, Caryn Champine, Dean Klingner, Mark Kempton, Drew Brooks, Seve Ghose, Mike Calhoon, Jim McDonald, Aaron Harris, Jackie Thiel, Lindsay Ex, Honore Depew, Meaghan Overton, Sue Beck-Ferkiss, Adam Molzer, Javier Echeverria, Beth Yonce, Clay Frickey, Lawrence Pollack, Blaine Dunn, Amanda Newton, Renee Callas, Dave Lenz, Jo Cech, Erik Martin, Zack Mozer, Janice Saeger, Gerry Paul, Nina Bodenhamer, SeonAh Kendall, Carolyn Koontz Others: Kevin Jones, Chamber Emily Gallichotte, Ted Shepard, Rob Cagan ____________________________________________________________________________________ Meeting called to order at 3:00 pm Approval of minutes from the November 3, 2021, Council Finance Committee Meeting. Kelly Ohlson moved for approval of the minutes as presented. Emily Francis seconded the motion. Minutes were approved unanimously via roll call by; Julie Pignataro, Kelly Ohlson and Emily Francis. A. Utilities 2021 Capital Improvement Plans & Strategic Financial Plan Updates for Water and Wastewater Utilities Lance Smith, Utilities Strategic Financial Director EXECUTIVE SUMMARY The purpose of this agenda item is to provide the Council Finance Committee with an overview of the planning processes underway within Fort Collins Utilities. This agenda item will focus on the Water and Wastewater Enterprise Funds. The Light & Power and Stormwater Enterprise Funds were presented for discussion in November. The 2021 Capital Improvement Plans (CIPs) and the 2021 Strategic Financial Plans for each utility are outlined. The resulting investment projections set the basis for beginning the 2023-24 Budgeting For Outcomes (BFO) cycle. The overall 10-year rate projections for both utilities are also presented here along with the forecasted debt issuance needs. Page 4 of 121 Recognizing that these utilities share customers, a more comprehensive view is also taken here of how the combined plans will impact what our community pays for utility services over the coming decade and the levels of service to be expected for such. The capital improvement plans are intended to maintain the current levels of service for each utility through sustainable asset renewal plans and targeted new infrastructure. This can be achieved through the modest rate increases being planned and timely debt issuances shown here. For the 2023-24 Budgeting For Outcomes process the table below summarizes the impact of the proposed rate increases for the average residential customer. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does the Council Finance Committee support the Utilities Strategic Financial Plan assumptions ahead of the 2023- 42 BFO cycle? In particular, the projected rate increases necessary to meet anticipated revenue requirements. BACKGROUND/DISCUSSION This is a continuation of the discussion began last month with the presentation of the Electric and Stormwater utility financial plans and associated rate and debt forecasts. With this presentation of the Water and Wastewater utility financial picture, any feedback will be utilized in developing the initial 2023-24 budget offers. After discussing each of these two utility services, the comprehensive picture is presented and the forecasted impacts on customer utility costs can be seen. The feasibility of the financial paths presented is then discussed. The confidence in the long-term financial modeling that is the basis of these forecasts depends on the assumptions used in the modeling. Some of those assumptions are macro-economic assumptions around long term inflation, how inflation affects the cost of debt service through the associated interest rates and how well the economy is doing in general. The recent pandemic has stressed the economy over the past two years, yet it has also highlighted the necessity for utility services as is reflected in the relatively stable revenues for such. Other assumptions are more micro-economic and, as such, depend on internal efforts to effectively manage operating costs along with capital and resource planning. The financial resiliency of each of these utility enterprise funds relies on active management and strong leadership over the coming decade. Water Enterprise Fund The 10-year Capital Improvement Plan (CIP) for the Water Fund consists of projects needed to provide an adequate water supply such as Halligan Reservoir, a modern water quality laboratory, some improvements needed at the water treatment plant and asset renewal both at the plant and the water distribution infrastructure. It is anticipated in the CIP that it will take a few years to reach the targeted asset renewal rate of 1.0% per year. 2021 2022 2023 2024 Residential Utility Cost Baseline % Change Bill % Change Bill % Change Bill Electric $78.14 2.0% $79.70 3.0% $82.09 4.1% $85.46 Water $49.03 0.0% $49.03 2.0% $50.01 2.0% $51.01 Wastewater $34.25 0.0% $34.25 2.0% $34.94 2.0% $35.63 Stormwater $16.78 0.0% $16.78 2.0% $17.12 2.0% $17.46 Total $178.20 0.9% $179.76 2.4% $184.16 2.9% $189.56 Page 5 of 121 The 2021 CIP for Water has $286M through 9 years and an additional $72M beyond 2030. This is a significant increase in identified capital work over the 2019 CIP which had been stable to previous efforts. The 2021 CIP includes the additional funding needed for the Halligan Reservoir Water Operations Operating revenues have grown modestly over the past decade through rate increases while total water sales have remained almost flat. Based on the projected revenue requirements for O&M and capital investment $0 $20,000,000 $40,000,000 $60,000,000 $80,000,000 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Water Capital Improvements 2021-2030 Water Distribution Water Production Water Quality Lab Water Resources Water Fund Ave Annual Capital 2011-2020 $0 $50,000,000 $100,000,000 $150,000,000 $200,000,000 $250,000,000 $300,000,000 $350,000,000 2016 CIP 2017 CIP 2019 CIP 2021 CIP Water 10 year Capital Improvement Plan Totals Page 6 of 121 revenues are projected to grow at a rate slightly higher than the past decade at 3.9% compared to 3.6% since 2011. The colored area represents the 80% confidence band around the expected operating expense. Strong revenue growth in residential sales have increased operating revenues and thereby operating income over the past decade. This revenue growth is being driven mainly by rate increases as increased customer growth has been mostly offset by increased efficiency. The operating revenue growth is slightly below the annual rate increases suggesting that it is not realistic to expect to fully realize the revenue growth of a proposed rate increase. $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 $60,000,000 2011 2013 2015 2017 2019 2021 2023 2025 2027 2029 2031 Operating Revenues (2011 -2031) FUND: 502 - Water Enterprise Fund Budget Year 2021 10 Yr Annualized Trend 5 Yr Annualized Trend 3 Yr Annualized Trend 1 Yr Annualized Trend Customers 36,541 0.88%0.71% 0.68% 0.65% Annual Rate Adjustment 2.00% 2.70%2.00% 1.67% 0.00% Residential Water Sales 16,601,500$ 2.49%3.28% 2.87% 7.15% Com/Indl Water Sales 9,833,000$ 3.46%3.05% 1.49% 1.35% District Water Sales 1,890,100$ 8.19%11.44% 8.52% -7.59% Other Water Sales 905,400$ 4.35%2.56% -5.94% 10.99% PILOTs 1,701,000$ 2.84%2.91% 2.19% 4.01% Operating Revenue 30,931,000$ 3.13%3.55% 2.35% 4.19% Development Fees/PIFs/Contributions 1,780,000$ -1.33%-24.52% -48.22% -27.53% Other Misc 255,000$ 5.03%6.05% -38.02% 5.99% Internal Transfers In 250,000$ 7.11%-14.30%#DIV/0!-45.78% Non-Operating Revenue 2,902,155$ -0.67%-16.30% -38.57% -26.51% Page 7 of 121 Water O&M expenses have increased at an inflationary rate over the past decade. This has been achieved through active management. The rate and debt issuance forecasts in the plan assume that O&M will increase at a rate close to the rate of inflation of 3.5% annually through 2031. The colored area represents the 80% confidence band around the expected operating expense. The table below shows the recent trends in expenses along with the relative size of each line through the 2021 budgeted expenses. Positive trends in engineering, metering and treatment are being offset by higher than inflationary increases in transmission and distribution as well as administrative expenses within the Utilities Service Area. $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 $45,000,000 $50,000,000 2011 2013 2015 2017 2019 2021 2023 2025 2027 2029 2031 Operating Expenses (2011 -2031) Page 8 of 121 By limiting O&M to a more modest rate of growth it is expected that the Water Fund will generate sufficient operating income consistently to fund asset renewal investments at the targeted levels. This will limit the amount of debt issuance that is necessary over the coming decade. 502 - Water Enterprise Fund Budget Year 2021 10 Yr Annualized Trend 5 Yr Annualized Trend 3 Yr Annualized Trend 1 Yr Annualized Trend Treated water delivered- acre feet 26,869 1.0% -0.6% 4.5% Water Treatment 10,524,490$ 1.7% 1.6% -0.6% -0.3% Transmission & Distribution 3,063,802$ 3.0% 3.0% 6.0% 6.0% Water Meters O&M 777,527$ 2.6% 0.8% 11.8% 2.9% Engineering 955,161$ 17.2% 30.7% -3.2% -7.4% Water Resources 3,623,845$ 6.6% 2.7% -1.2% 0.7% Water Conservation 1,117,086$ 12.8% 4.8% 4.8% -4.4% Water Quality Lab 1,103,031$ 2.4% 1.2% 2.5% 6.3% PILOTs 1,701,000$ 2.8% 2.9% 2.2% 4.0% Admin Services - CS&A 4,260,134$ 1.0% 7.5% 13.4% 15.9% Admin Services - General Fund 871,248$ 0.2% -0.1% 5.0% 2.5% Other Payments & Transfers 1,336,228$ -5.7% -7.0% -22.5% -210.3% Depreciation 7,500,000$ 4.4% 4.4% 2.8% 2.1% Total Operating Expenses 36,833,553$ 3.1% 3.6% 3.1% 5.5% Debt Service 188,224$ -25.8% -43.8% -60.2% -48.8% Internal Transfers Out 415,206$ #DIV/0!13.3% -7.5% -0.4% Minor Capital 2,341,433$ 5.4% -13.2% -17.3% -6.3% Major Capital 7,922,083$ 5.3% -4.9% -7.0% 34.2% Total Non-operating Expenses 10,866,946$ 0.8% -9.2% -13.7% 24.7% Total Expenses 47,700,500$ 2.4% -0.8% -2.6% 9.9% $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 $45,000,000 $50,000,000 201120122013201420152016201720182019202020212022202320242025202620272028202920302031Operating Income 2011 -2031 Operating Income Operating Revenue Operating Expense Page 9 of 121 Water Rate and Debt Forecasts Rate increases are not anticipated to be significantly over inflationary pressures in the coming decade although any significant change in the necessary capital investments may require modest adjustments to ensure adequate operating revenue is generated to support the system renewal investments. Some debt is anticipated to be needed for capital investments over the next decade. The overall debt capacity of the fund is determined by the net pledged revenues and targeted debt coverage ratio. The table below shows the debt capacity at various coverage ratios as well as the current outstanding debt. Wastewater Enterprise Fund Wastewater CIP The Capital Improvement Plan for the Wastewater Fund includes improvements necessary at both water reclamation facilities, a modern pollution control laboratory and a ramping up of investment in asset renewal programs for the collection system. Prioritization of the capital projects will need to be considered before the 2023-24 budget process to ensure investments are made where needed the most. Year 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Rate Increase 0.0% 2.0% 2.0% 1-3% 1-3% 1-3% 2-3% 2-3% 2-4% 2-4% Debt Issued ($M)$86.0 $86.0 Debt Capacity Estimation Interest Rate:2.50% Net Pledged Revenue (5yr ave):$17,729,600 Debt Coverage Ratio Debt Capacity (10 yr Debt) Debt Capacity (15 yr Debt) Debt Capacity (20 yr Debt) 1.0 $155 $219 $277 1.2 $129 $183 $231 1.4 $111 $157 $198 1.6 $97 $137 $173 1.8 $86 $122 $154 2.0 $78 $110 $138 2.2 $71 $100 $126 2.4 $65 $91 $115 2.6 $60 $84 $106 2.8 $55 $78 $99 3.0 $52 $73 $92 Outstanding Debt in 2021:$0.0 M Page 10 of 121 The amount of anticipated capital investment is greater than what has been made over the previous decade, consistent with what has been seen in the other utilities in 2021. This will require significant operational planning and project management to ensure that the bond revenue is utilized efficiently. Wastewater Operations Operating revenues have grown very modestly over the past decade at 2.4% annually through some larger rate adjustments through 2012 followed by more modest and less frequent rate adjustments after 2012. Modest rate adjustments will be necessary to increase revenues in this fund as wastewater services are not metered but rather depend on the amount of water being consumed by a customer. Conservation efforts on water usage can negatively impact revenues for the wastewater utility. $0 $10,000,000 $20,000,000 $30,000,000 $40,000,000 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Wastewater Capital Improvements 2021-2030 Wastewater Collection Water Reclamation & Biosolids Pollution Control Lab Other Enterprise Functions Ave Annual Capital 2011-2020 $0 $20,000,000 $40,000,000 $60,000,000 $80,000,000 $100,000,000 $120,000,000 $140,000,000 $160,000,000 $180,000,000 2016 CIP 2017 CIP 2019 CIP 2021 CIP Wastewater 10 year CIP Totals Page 11 of 121 The colored area represents the 80% confidence band around the expected operating expense. Almost no revenue growth in residential services over the past decade combined with reduced commercial wastewater demands has put rate pressure on the wastewater utility. The operating revenue growth is expected to increase only slightly in the coming decade through modest rate adjustments. $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 2011 2013 2015 2017 2019 2021 2023 2025 2027 2029 2031 Operating Revenues (2011 -2031) 503 - Wastewater Enterprise Fund Budget Year 2021 10 Yr Annualized Trend 5 Yr Annualized Trend 3 Yr Annualized Trend 1 Yr Annualized Trend Average flow wastewater treated- million 15 #DIV/0!-1.37% -1.16% 0.00% Annual Rate Adjustment 0.00% 3.20%1.80% 1.00% 0.00% Residential WW Sales 15,750,000$ 3.29%1.60% 0.58% -0.26% Com/Indl WW Sales 6,200,000$ -0.67%0.24% -4.16% -7.17% District WW Sales 400,000$ 1.00%2.00% 1.34% 0.61% Other WW Sales 200,000$ 2.37%-1.86% -0.08% 25.39% PILOTs 1,350,000$ 2.04%1.28% -0.76% -2.03% Operating Revenue 23,900,000$ 2.05%1.21% -0.72% -1.90% Development Fees/PIFs/Contributions 750,000$ -5.13%-11.98% -28.03% 167.56% Other Misc 115,000$ 11.73%25.56% 49.24% 497.86% Interest Revenue 369,638$ -0.93%2.26% -2.62% -36.78% Non-Operating Revenue 1,234,638$ -2.41%-6.20% -18.35% 68.12% Page 12 of 121 Wastewater O&M has increased modestly over the past decade and is expected to continue to grow modestly at around the historical inflationary level of 3.2%. The colored area represents the 80% confidence band around the expected operating expense. The table below shows the recent trends in expenses along with the relative size of each line through the 2021 budgeted expenses. Positive trends in engineering and treatment are being offset by higher than inflationary increases in trunk and collection as well as administrative expenses within the Utilities Service Area. $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 2011 2013 2015 2017 2019 2021 2023 2025 2027 2029 2031 Operating Expenses (2011 -2031) 503 - Wastewater Enterprise Fund Budget Year 2021 10 Yr Annualized Trend 5 Yr Annualized Trend 3 Yr Annualized Trend 1 Yr Annualized Trend Water Reclamation & Biosolids 5,768,036$ 2.1% 2.1% 0.1% -2.4% Trunk & Collection 1,643,171$ 1.6% 3.7% 1.7% 12.8% Engineering 846,422$ 16.3% 27.5% -2.5% -11.6% Pollution Control Lab 1,255,183$ 0.7% 1.3% 0.4% 3.6% PILOTs 1,350,000$ 2.0% 1.3% -0.8% -2.0% Administrative Services Admin Services - CS&A 2,541,579$ 1.4% 3.1% -1.2% 19.1% Admin Services - General Fund 636,389$ -0.4% 2.5% -3.4% 2.5% Other Payments & Transfers 1,236,037$ -9.2% -6.5% -9.4% 254.8% Depreciation 6,500,000$ 6.7% 3.0% 2.2% 1.2% Total Operating Expenses 21,776,817$ 2.7% 2.6% 0.3% 4.1% Debt Service 2,213,700$ -10.8% -2.2% 0.2% 0.9% Minor Capital 1,346,819$ 5.0% -9.9% -15.9% -40.8% Major Capital 13,827,736$ -1.5% -3.1% 1.3% 82.8% Total Non-operating Expenses 17,388,255$ -3.9% -3.2% 0.3% 50.2% Total Expenses 39,165,072$ -0.7% -0.1% 0.3% 19.3% Page 13 of 121 By limiting O&M to a more modest rate of growth in all departments it is expected that the Wastewater Fund will generate sufficient operating income consistently to fund asset renewal investments at the targeted levels. This will limit the amount of debt issuance that is necessary over the coming decade. The consistent difference between the operating revenue and operating expense allows for asset renewal to be funded with less debt issuances than would be necessary without such operating income. Modest rate adjustments will allow for pledged revenues to be sufficient for any anticipated debt issuances over the next few decades. Wastewater Rate and Debt Forecasts As the table below shows, there will be the need to issue debt for several capital investments over the next decade. The first such issuance should be done in 2023 as part of the 2023-24 BFO cycle. Modest rate adjustments can be made to increase the net pledged revenues available for debt service as the debt is issued or more modestly over two or three years ahead of the next issuance. The overall debt capacity of the fund is determined by the net pledged revenues and targeted debt coverage ratio. The table below shows the debt capacity at various coverage ratios as well as the current outstanding debt. $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 201120122013201420152016201720182019202020212022202320242025202620272028202920302031Operating Income 2011 -2031 Operating Income Operating Revenue Operating Expense Year 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Rate Increase 0.0% 2.0% 2.0% 1-3% 1-3% 1-3% 2-3% 2-3% 2-4% 2-4% Debt Issued ($M)$33.0 $60.0 $21.0 Page 14 of 121 Conclusions and Next Steps Over the past two meetings ten-year rate and debt forecasts have been discussed which indicate that the significant capital investments expected over the coming decade can be achieved for each utility independently. However, it is also necessary to look more holistically at the impacts on these plans on our community. By limiting rate increases annually to no more than 5.0% per utility in a given year, the overall cost of utility services for customers of receiving some or all of these services through the municipal utility will increase less than 5% annually, consistent with long term inflation. Debt Capacity Estimation Interest Rate:2.50% Net Pledged Revenue (5yr ave):$13,086,600 Debt Coverage Ratio Debt Capacity (10 yr Debt) Debt Capacity (15 yr Debt) Debt Capacity (20 yr Debt) 1.0 $115 $162 $204 1.2 $95 $135 $170 1.4 $82 $116 $146 1.6 $72 $101 $128 1.8 $64 $90 $113 2.0 $57 $81 $102 2.2 $52 $74 $93 2.4 $48 $68 $85 2.6 $44 $62 $79 2.8 $41 $58 $73 3.0 $38 $54 $68 Outstanding Debt in 2021:$16.2 M $101.67 $61.67 $43.40 $49.03 $78.14 $34.25 $16.78 $22.86 $0.0 $20.0 $40.0 $60.0 $80.0 $100.0 $120.0 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031Monthly Average Residential Utility BillDebt Issuances $M Forecasted Cost of Utility Services for Residential Customers with Debt Issuances Page 15 of 121 To do so, the financial state of each utility is expected to change substantially from one of almost no outstanding debt today to one with significant outstanding debt with healthy operating margins to adequately meet debt service obligations while maintaining the good credit ratings on such debt. This increased level of debt is manageable through expected revenue growth and cost containment resulting in significantly more capital investment being completed over the next decade than the previous decade. This increased capital investment will ensure that our community will continue to benefit from municipal utility services in the future. The next steps down this path are focused on the 2023-24 Budget process. Offers will be developed and submitted consistent with the CIPs considered here after going through a prioritization process to ensure those projects that most impact the targeted levels of service are submitted for consideration. Some of those Offers will identify “Bond Proceeds” as the funding source which may require additional due diligence outside of the budget process. Submitting such capital projects through the 2023-24 budget process will allow for them to be considered in the larger context of all budget offers. Other, smaller capital projects to be considered for funding through anticipated revenues and available reserves will also be submitted with the anticipated revenues reflecting the proposed rate adjustments discussed here. Like the City Strategic Plan effort that begins each budget cycle, this financial strategic plan and the underlying CIPs are reviewed every two years to ensure alignment and reflect new considerations, strategic objectives, and cost estimates. Enterprise Rate Increase (%/yr) Operating Revenue (%/yr)Operating Expenses (%/yr) Operating Income ($M/yr) Fund Historical 2011-2020 Forecast 2022-2031 Historical 2011-2020 Forecast 2022-2031 Historical 2011-2020 Forecast 2022-2031 Historical 2011-2020 Forecast 2022-2031 L&P *4.1%3 - 5%3.8% 3.8%3.4% 2.9%($2)$7 Water 2.7%3 - 5%3.6% 3.9%3.5% 3.5%$4 $6 Wastewater 3.2%2 - 4%2.4% 2.3%3.2% 3.1%$4 $5 Stormwater 0.9%3 - 5%2.8% 2.8%4.3% 4.2%$7 $8 * Series 2018A and 2018B outstanding for Connexion Enterprise Outstanding Debt Principal Debt Issued Available Reserves Annual Capital Investment ($M/yr) Fund 2011 2021 2031 2021 - 2031 2011 2021 2031 Historical 2011-2020 Forecast 2022-2031 L&P *$16M $0 $25-30M $40-50M $16M $23M $66M $160M $270M Wat er $26M $1M $140-175M $170-200M $9M $41M $71M $130M $440M Wastewater $42M $16M $90-100M $110-120M $1M $19M $24M $90M $200M Stormwater $34M $2M $100-110M $120-140M $2M $12M $13M $70M $240M * Series 2018A and 2018B outstanding for Connexion Page 16 of 121 DISCUSSION / NEXT STEPS: GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does the Council Finance Committee support the Utilities Strategic Financial Plan assumptions ahead of the 2023- 42 BFO cycle? In particular, the projected rate increases necessary to meet anticipated revenue requirements. Kelly Ohlson; we did this 10 years ago and now we are doing it – how did we do in the last 10 years? Lessons learned could inform the next 10 year’s plan. Have we analyzed how we did? Lance Smith: I have been looking at how our previous forecasts have held up – we have done well in estimating the total amount of capital work we were going to get done – identifying new needs – That is something that would be part of the write up I was talking about. How things have done historically. Kelly Ohlson; you have done a good job in bringing forward a lot of good information – well done. It appears that we are getting ready to do a lot more capital projects over the next 10 years than we did the last 10 years – Is that accurate? Even with taking Halligan out which I am not suggesting. Lance Smith; that is definitely accurate - we are looking to try to get our asset renewal at a more sustainable rate and we are currently replacing our linear infrastructure at a 200–250-year replacement cycle and we recognize that is not sustainable so we are hoping to step that up over the next few years to a 1% per year replacement which would be a 100-year replacement cycle. Kelly Ohlson; the way I read it was to inform the future Lance Smith; asset management has been something that we have been trying to stand up and bring along over the last decade and it has become more and more apparent to us that we need to make this investment Kelly Ohlson; it jumped out at me as it was mentioned twice – one of the contributors was administrative expenses within the utilities service area – it seems like the projects are big and the ongoing stuff – wastewater and water takes a lot of money in and money out- How big can administrative expenses be that it is called out as a contributing factor twice? Lance Smith; for example, in the wastewater fund operating expenses are about $22M and administrative expenses are just over $4M so about 20% - what I was calling out there is that the 20% has grown at a rate faster than the direct operation expenses have grown so we need to manage our administrative expenses more closely. Kelly Ohlson; it seems like we are going to be overseeing a lot of big projects in the next 10 years. Do we have the staffing bandwidth to do an adequate job of overseeing these projects and is that built into the budget? What is the plan to have adequate staff to oversee these capital projects even though much of it is contracted? Theresa Connor; we are looking at the organizational staffing approach right now through an assessment. Looking at how we can best oversee these projects and what is the best method- we do contract a lot on the capital side, but we may need to look at some of our staffing analysis as we get into this because there is a lot of work to do on the linear side, but we have been keeping up better at the water and wastewater plants. We are going to have to look at that – how we administer these projects and do we do them in the typical way we always have done them and that is part of our ongoing assessment. Page 17 of 121 Kelly Ohlson; are some of those funds built into this 10-year projection? Do we contract or hire more people? Theresa Connor; some of it will be in the budget but it may not all be captured there. Emily Francis; increasing the rates to maintain current levels of service - Are current levels of service adequate and appropriate and is that what we are planning for or are we looking at changing those? Lance Smith; we do community surveys, and we have the impression that our community is generally happy with our current levels of service – we are trying to maintain current levels of reliability and we always strive to improve customer experience as we can. Reliability is the primary level of service. Emily Francis; Did you say that the rate increase in 2024 would amount to $60 per year? Lance Smith; what the average residential customer would be paying in 2023 would be $60 more than 2022 – and in 2024 it would be $60 more than 2023 (per year) Emily Francis; so, the increase is $120 over 2 years - concerns regarding increases and their impact to folks who don’t qualify for assistance through AMI guidelines – concerning that is a pretty big increase - Julie Pignataro; when you add increases up – a lot of job - where people don’t get raises and when all things are increasing it is tough. I hope that we can expand programs and look at how we help our utilities customers who need it. Our benchmarks for this debt are going to be every two-year budget cycle. Lance Smith; that will be in the review - currently we have approximately 35K water customer and 70K electric customers – about half of our residents are customers of all 4 utilities. Julie Pignataro; do we have any speculation on rate increases for people who have service outside of the city? Lance Smith; we have good relationships with our PRPA sister cities so we can figure out what they are trying to do as well but I don’t have that in front of me, but I know we presented that as part of the 2022 rate adjustment that we brought to council. I can get that information to you in a memo. Julie Pignataro; not totally necessary – my concern that those who don’t have 4 utilities may see a disproportionate- How do we capture that for someone who might need help? Kelly Ohlson; why do we have reduced commercial wastewater demands? Lance Smith; some of our customers have tried to do their own water treatment or pretreatment so they have reduced demands on our system Theresa Connor; high oxygen water they will do treatment systems, so they don’t have to pay Kelly Ohlson; perhaps we could look at broadening the AMI qualification for utilities assistance programs to try to get to the next 10% - possible solutions. Lance Smith; we could look at a tiered program - that might require more administrative work Right now, we rely on outside companies to do the income verification. Kelly Ohlson; talking about long term impacts on people - I am good Page 18 of 121 B. Consideration of New Revenue Sources Jennifer Poznanovic, Sr. Revenue Manager Ginny Sawyer, Sr. Project Manager EXECUTIVE SUMMARY The purpose of this item is to discuss specific identified revenue needs and potential funding options. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What questions does Council Finance Committee have on the identified revenue priorities? 2. Which revenue options should staff pursue? 3. Does Council Finance Committee have questions regarding upcoming election opportunities? 4. Does Council Finance Committee agree with staff proposed next steps? BACKGROUND/DISCUSSION The three revenue needs identified through master plans include parks, transit, and housing. Annual shortfalls range from six to ten million per need. Parks and transit have specific operational plans and a focus on asset management. Housing continues to be a top Council and community priority. Parks and Recreation The Parks and Recreation Master Plan was adopted on January 19, 2021, and incorporated a year of extensive staff, community, and stakeholder participation. The funding section of the plan features a primary goal to enhance the financial sustainability of Parks and Recreation. While existing operations and maintenance budgets are close to what is needed, there are no dedicated funding sources for capital investment. The funding gap identified in the plan is captured in the table below: • Operations and Maintenance - the daily tasks needed to keep parks and recreation facilities running and minor repairs to capital assets to keep them in a good state of repair. • Life Cycle Replacement (Capital) - includes critical maintenance projects or repair of existing assets—when regular maintenance can no longer keep them in a good state of repair—safety and ADA (Americans with Disabilities Act) improvements, and existing debt service obligations. Many of these types of improvements typically require one-time funding and are not likely to increase annual operations and maintenance costs. In many cases, these types of projects may reduce annual operations and maintenance costs. • Minor Refresh (Capital) - Minor refreshes include strategic changes to existing parks or recreation facilities to better meet the unmet needs of the community, including adding features such as play fields, shade structures, adult fitness equipment, covered picnic shelters, and trail loops to extend recreation opportunities. Minor refreshes may also include a refresh of plantings or other design elements within the framework of an existing, relevant site master plan. These types of improvements typically require one-time funding and may trigger slight increases in annual operations and maintenance costs, depending on the nature of the improvements. Page 19 of 121 The Parks and Recreation master plan identified primary goals of providing equitable access to parks and recreational experiences. By investing in ongoing life-cycle replacements and minor refreshes, community members will experience a more consistent level of service across existing amenities, while the City minimizes costs associated with the need for a major refresh. Transit The Transit Master Plan (TMP), adopted by Council in April of 2019, outlines the vision and policies for expanding the transit system according to current and future demand. The costs over the next 20 years are significant and are not currently funded: Table from page 85 of the Transit Master Plan The costs in the above table are expected to include federal grant funding to be matched by local dollars. Based on current federal allocations, the following assumptions have been made: Page 20 of 121 • Capital Projects - Expect 50% Federal Match o Local need over 20 years: $7.7 million annually • Operations & Maintenance - Expect 25% Federal Match o Local additional need at full build-out: $9.75 million annually It is important to note that the cost estimates outlined in the TMP were based on 2016 operating figures and assumptions. These projections did not account for the transition of the Transfort fleet from CNG to zero- emission vehicles, which have a significantly higher up-front cost, but an expected lower operating and maintenance cost over the life of the vehicle. Staff have hired a consultant to conduct a comprehensive Funding Study for Transfort, which will include: • Updated capital, operating and maintenance estimates for the 20-year span of the TMP • Identification of a preferred, dedicated, and permanent funding source or sources, including extensive public outreach • Full analysis of the current fare structure and associated costs, as well as feasibility of a fare-free system The Funding Study is expected to conclude no later than quarter 4 of 2022. The TMP is an ambitious plan intended to transform mobility options throughout the City and region. This plan is also key to the City’s Climate Action Plan. Plan highlights are described in the following graphic: Projects in support of the TMP, which are currently in development include, but are not limited to: • West Elizabeth Bus Rapid Transit (BRT) - This project is near completion of 30% design which will result in eligibility for Small Starts grant funding (the same program that helped complete MAX) as early as 2023, if local match can be secured. This project is currently in Project Development with the Federal Transit Administration (FTA) • North College BRT extension – A transit-oriented development (TOD) study is currently being conducted and is expected to complete in quarter two of 2022. • North Transit Maintenance Facility – Transfort has exceeded capacity at the Transit Maintenance Facility on Portner Road and further service expansion will require an additional facility. Staff are currently identifying potential locations for the new facility and will soon have a funding need to purchase this real estate. Once design is complete, staff will seek federal grant funding to build this project. • Fleet Electrification Master Plan Page 21 of 121 Housing Data compiled for the Housing Strategic Plan (HSP) illustrates that the housing needs in Fort Collins are concentrated at the lower end of the income spectrum. For renters, the need is greatest at 60% AMI and below ($41,880 for a 2-person household); for owners, the need is greatest at 120% AMI and below ($83,760 for a two- person household). However, it is important to acknowledge that there are also gaps in housing supply throughout the entire housing system. City Plan estimated a housing shortage of approximately 2,000 units by 2040, assuming that growth and housing production remained relatively consistent over time. In short, housing price escalation and limited availability of housing in Fort Collins will likely continue to worsen unless we can increase the overall supply of housing while also seeking to increase the community’s inventory of deed- restricted, affordable housing. In 2015, affordable housing made up 5% of the City’s housing stock. Between 2015-2019, the City and its partners added 373 new affordable homes. In 2020 and 2021 to date, an additional 246 homes were added to Page 22 of 121 the City’s affordable housing inventory. However, the total number of housing units has also increased proportionally, which means that affordable units still make up only 5% of our overall housing stock. To get back on track to achieve our 10% goal by 2040, we need to increase the amount of affordable housing by 282 or more units every year from 2020 onward. This is more than double the City’s average annual production of affordable housing. While the City has affordable housing incentives and provides between $2 million to $3 million in direct subsidy funding every year, these resources are not enough to meet the City’s affordable housing goals. The City needs about 700 additional affordable units to meet our 2020 goal of 6% of all housing being affordable. Assuming a $39,000 investment by the City yields one unit of affordable housing, the City would need to invest $28,000,000 of direct subsidy funding to close the 2020 gap.. On an ongoing basis, the City’s annual affordable housing production goal is 282 units or more of affordable housing each year. Again, assuming that a $39,000 investment yields one unit of affordable housing, the estimated annual funding need for affordable housing is $10-11.5 million per year ($8-9.5 million above current levels). This calculation also assumes that federal subsidies for the development of affordable rental housing (Low Income Housing Tax Credits) remain steady, that there are enough tax-exempt government bonds (Private Activity Bonds, or PABs) available to support each project, and that private developers have the ability to deliver projects. The strategy section of the Housing Strategic Plan includes recommendations for new and expanded tools and funding sources to better support achieving our housing goals. Strategy 11 specifically recommends creation of a new dedicated revenue stream for affordable housing: • Revenue Options for Housing (Strategy 11 – Create a new dedicated revenue stream to fund the Affordable Housing Fund): Though Fort Collins invests $2-3 million into affordable housing production and preservation annually, the HSP estimates that the total annual funding need is closer to $10-11.5 million. Exploring a range of options (sales tax, impact fees, inclusionary housing fees-in-lieu, etc.) to generate consistent, dedicated, and flexible revenue for affordable housing will be a critical piece of HSP implementation. In addition, the current Community Capital Improvement Program quarter-cent sales tax that funds the Affordable Housing Capital Fund and other capital improvements will expire in 2025. Page 23 of 121 Potential Revenue Options Below is a list of potential revenue options for consideration: Below are estimates of annual revenue projections for several potential revenue options: Regarding Capital Expansion Fees (CEFs) it is important to note that per City Code, these fees collected are for the purpose of funding additional capital improvements required to address the impact of growth within the City as the City's population increases. They intend to regulate the use and development of land by ensuring that new growth and development in the City bear a proportionate share of the capital expenditures necessary to provide community parkland, police, fire protection, general government, neighborhood parkland and transportation capital improvements to address the impacts of growth. If Council Finance Committee chooses to further explore this option, staff will need to work with the City Attorney’s Office, as reconfigured CEFs do not fall within the current standard models for CEF analysis. In addition, the imposition and calculation of CEFs, as impact fees, are legally constrained by certain constitutional and statutory requirements and limitations. Another option is to consider these needs as existing dedicated taxes are set to expire and new measures are developed. Both the quarter cent street maintenance and Community Capital Improvement Program (CCIP) Page 24 of 121 dedicated taxes are set to expire in December of 2025. Each quarter cent tax raises an estimated nine million per year. Timeline Below is the current timeline for Council Meetings along with potential election opportunities: Proposed Next Steps After direction from Council Finance Committee, staff plans to kick-off the project with the team comprised of executive sponsors, a core team, financial analysts, and subject matter experts. Staff plans to discuss findings and an engagement outreach plan with Council during a work session in quarter two of 2022. DISCUSSION / NEXT STEPS: GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1) What questions does Council Finance Committee have on the identified revenue priorities? 2) Which revenue options should staff pursue? 3) Does Council Finance Committee have questions regarding upcoming election opportunities? 4) Does Council Finance Committee agree with staff proposed next steps? Travis Storin; Let’s consider a reverse of question #2 above. Are there any revenue options we should NOT be pursuing? Page 25 of 121 Julie Pignataro; When was the last time a city tax increase did not pass? Kelly Ohlson; Off the top of my head there was one in 1983 on the ballot and it failed and there was a city sales tax for a zoo tax that failed in 1992. Ginny Sawyer; and in 2002 there was a ¼ cent transportation tax in and a 1% for construction to fund certain transportation capital improvement projects. Kelly Ohlson; yes, I think that was the second go round for the transportation tax Page 26 of 121 Julie Pignataro; regarding slide 12 (see above) I know the election code committee is talking about a possible ballot initiative to move all elections to November. What are your thoughts? If they were moved to November, what happens to the taxes expire in April? Ginny Sawyer; all of our taxes are written to expire on December 31st. We try to go back to voters before our last possible chance prior to expiration. If we went with only November elections, we would need to start looking even future ahead and back up our timeframe. Not my area of expertise but maybe a special election would be possible. If we didn’t pass and it expired, we might be without those dollars for a year. Julie Pignataro; that also doesn’t give us as much of a feedback loop opportunity Travis Storin; Ginny mentioned having to prepare contingents budgets or two versions of the budget to account for the possibility of something not passing – we will, of course, do whatever the council asks here – that is a more intensive proposition and doesn’t always result in the best kind of decision making either. If we were to move to November elections, the odd number years are the most attractive as those are the years as we would not be asking Council to adopt a budget without some certainty around taxation measures in place. That is particularly clear if there is a new ¼ cent but also true with renewals as well. Page 27 of 121 John Duval; We are further limited because of TABOR. We cannot have special elections for TABOR questions and all of these taxes would be TABOR questions. So, we can only hold elections on our election dates in April and November. Julie Pignataro; the influx of funds due to ARPA and the new infrastructure bill have given me a new appreciation for one time money versus what we need for on-going. Looking at the list of the top 3 (slide 2 – see below). Is part of transit expanding BRT or is it just to keep things status quo? Page 28 of 121 Travis Storin; across a ten-year period, you would look at a lot of front-loaded capital in order to expand fixed route and BRT and then the back half of that ten-year period becomes the operational cost of running those new assets that we put into service. Drew Brooks; (refer to slide 4 above) the upfront costs are building up the capital for BRT and other route expansions -You are looking at big increase in frequency for the entire city so as we build that out you are looking at a lot of capital where we are buying buses and building infrastructure such as bus stops but of course BRT is a big piece of that. Those capital projects would become the first part and then we would have to start transitioning some of those dollars toward operations as we will bring each of those projects online Julie Pignataro; where do grant opportunities or some of these other one-time funding opportunities fit into any of this if at all? Drew Brooks; at the bottom of slide 4 (above) we are looking at what we have seen over the last several years as far as what kind of matches we need to match with federal dollars. To give you an example, the one we are looking at for the West Elizabeth corridor is called the Small Starts program which is what we used for MAX. Our match for MAX was an 80% federal /20% local funding. We are seeing that change and things are becoming much more competitive with more like a 50/50 match for big projects which might change with the new infrastructure bill as there are a lot of dollars coming toward transit funding which might change the balance of what we have been seeing around the county but right now for a big project like BRT we can expect close to a 50/50 match. Page 29 of 121 The match can sometimes be higher for capital – for example when buying buses, it can be 80% federal 20% local but for building projects such as the actual infrastructure it is more like a 50/50 match. Julie Pignataro; Revenue Options (slide 10 above) Where my thoughts go in response to question #2 I would like to stay away from any fee or tax on a necessity. People who can afford luxury - that we are putting a tax on - for example, utilities versus marijuana - necessities should not be taxed (pink tax is an example). I would like to stay away from a fee or tax on any necessity. Fee or tax on luxury or non- necessities. Ginny Sawyer; when we mention a park or transit fee - the utility bill is a vehicle/ means to reach and bill all of our residents a flat fee to provide funding for those desired basic needs (the billing is only a mechanism to reach citizens and collect a fee) Julie Pignataro; does everyone who lives in the city get at least one utility from us? Theresa Connor; L&P does serve the entire city and outside the city a bit so we may have to do a bit of scrubbing for possible outlier issues. Page 30 of 121 Emily Francis; (slide 5 - see above) the $9M debt for housing - is that with the assumption that we would have the available life-time private activity bonds to match or is this current levels? Meghan Overton; the assumptions you see in front of you are based solely on how much would it take to create a unit of housing given the city’s historic levels of subsidy - there are several complex calculations in here that you are not going to see on this slide yet - a lot of discussion about private activity bonds and whether the required percentage of funds will be changing with upcoming legislation - there are lots of moving parts right now - this is more back of the napkin calculation at this point knowing that we also need low income housing tax credit and private activity bond capacity to actually have that resolved in a unit of housing. Emily Francis; I also have questions around appropriate levels of service especially with our gap in parks and the level of maintenance that we have there – I still have a lot of questions around how those feeds into this. I would like for us to keep these things in mind as we have conversations. For parks, I would like to look at the CEF and reconfiguring that - residents notice that when new areas are built, and they have a great new park - residents feel these inequities – tennis courts are old and need upgrading for example – especially for my district because we are so built out – they notice these inequities - would the reconfigured CEF address this? Travis Storin; that is very close to what we are looking to propose - the idea being that in their current iteration we have capital expansion fees that are written by code to exclusively fund new geographic areas of service - a reconfiguration here would be to allow redevelopment, infill type projects to be used for existing park facilities for refresh type of investments in addition to net new facilities and that can be accomplished by code with the council without an election. Page 31 of 121 John Duval; with respect to capital expansion fees, they are considered impact fees that are supposed to be imposed based on the fee payers (developers, builders, homeowners) impact - their growth’s effect on the city – buying into the system essentially pay for their impact on the system so it is tied to growth. There are some state statues that limit how those fees that can be imposed and calculated as well as some constitutional limits related to TABOR that you must be able to distinguish them as a valid impact fee and not a tax. That is what we struggle with / deal with in terms of determining how the CEFs can be reconfigured and that is what we are going to be looking into – if they are just imposed as a special fee - like the $5 fee that would be put on everybody’s utility bill like the transit fee -those might be more easily done as a special fee that everyone pays, and everyone gets the benefit whereas the impact fee is essentially being paid for by the person purchasing the property and the developer so that is the distinction that must be considered with reconfiguring the CEFs and parks. Emily Francis; I would be a big fan of looking at that - I understand that we have a pretty low tax base and rate compared to others, but I feel like taxes can be so regressive so while we may need to look at some dedicated sales tax, I am more a fan of fees on people who overuse the system - have we looked at fees for entities that have really high CO2 emissions, maybe our top polluters, a fee on houses that may be over 2,000 sq ft - these really high users of our systems, fees for people who are super users of the utilities. I would like to look at those fees and how do we use those fees to support 1) raise the appropriate funds and to direct where we are trying to go – example is a fee on our high CO2 emitters because it might incentivize them to change behavior and address our climate action plan. Same with getting more housing diversity, setting a fee on large footprint houses. I think Boulder does that for houses over a certain size. I am in support of looking at a special tax on marijuana. I am not a fan for taxing sugar sweetened beverages because I also think that is regressive. We are trying to encourage people to not drink soda so that would be a tax that would decline. We absolutely need to look at funding for the three areas we are talking about - we keep hearing that housing is the #1 thing and we just don’t have the funds to address it as well as transit and parks. In response to the final question, next steps look fine. Kelly Ohlson; concerns over the time allocation for this very important issue - needs in the area of $30M a year - time allocated way too short - as an organization we need to take this a little more seriously. We need to have adequate time – 90 minutes at the next meeting to dig deeper into these things. As opposed to getting all of the data in and presenting it in a consistent format – it looks like parks and transit and housing were cut and pasted housing – for the next meeting I would suggest that all be presented in the same way with their own individual charts If I add up the parks and rec chart it is $12.1M but the other slide says $6-9M For transit for O&M and capital it is $17.4 M per year but here is $8-10M per year Housing has some similar issues on the math The numbers need to add up on the charts Options Slide - property tax is far less regressive than many other taxes, but you did not give a dollar figure – you gave limited dollar figures for certain items - In the future, when you have options – have Page 32 of 121 the same chart showing – include how much it increases per year - don’t be selective with what ones you do show - I didn’t see a fund-raising option for a mill levy increase on property tax. I am a believer in sales tax as part of the mix, but now we are flirting with 9% in a combined sales tax. That is too high for me, so I am not going to be too interested in talking about an increase there. I am interested in the area expiration of ¼ cent sales tax so instead of spending that money on park trains, we apply that money to affordable housing, transit, childcare, and parks & recreation. That is a $9M soon to be $10M item that takes care of $9-10M of the $30M. Then we are down to $20M and funding things that are significant to the residents of Fort Collins. Concerned about combining the governance issues with revenue issues. If the governance committee of the council recommends because we believe it is the best governance model and then if the council concurs that November is the best time for elections then this issue should not become part of the discussion. If we come up with good proposals for taxes or fees, for whatever the voters need to vote on - this community has a history of saying yes if they are thought out with good community involvement and outreach, a good process, rational thought behind it and the mostly united council they pass by 60- 40% or 70- 30%. If that is the best governance model it will come into place. I have a different take on the marijuana tax - part of the reason that is changing nationally is one because of the equity issues, the justice issues and the hypocrisy around alcohol and marijuana and other things. The other part is organized crime and cartels control much of the market. Better to have local businesses controlling the majority of the marijuana market - safer What is happening all over the country is that we are adding tax after tax and legal marijuana sales are declining and illegal sales are increasing because of the taxes generated. The culture will be better off if it is local business people and not cartels. Tax on services is another one that we didn’t get a revenue generation estimate on. I am open to a fee communicated on a utility bill to help our parks and transit. I would like as soon as possible any clarification on my math on the recommendation of $8-10M for transit, but I see a buildout for $17M per year. The chart says $12.1 M for parks, but the slide says $9M for parks. Drew Brooks; for the transit numbers, we are incorporating what we would anticipate getting in federal dollars, so we backed the federal dollars out those numbers and did the math there. Kelly Ohlson; says local need for full buildout and operations is $9.75M – that comes to $17.4M Drew Brooks; I understand it is confusing, we think we will need upfront for capital - we will need to build that out first and then we will need the operating dollars – would not be $9.75M initially Kelly Ohlson; any refinement we can do to the numbers provided – what they would do for parks, transit, and housing – what we would actually get – as specific as possible. On the housing follow up Page 33 of 121 number of units $9-10M per year – is that all in long term deed restricted housing being it rental or ownership? Meghan Overton; for housing, the answer is yes the funding would be used to help increase restricted- affordable units - we have considered extending the 20 years eligibility Julie Pignataro; I was looking at this as the beginning of the conversation but appreciate your points. Travis Storin summarized back to the committee what was heard and go forward steps; Today’s conversation is really revealing in terms of areas we need to explore further. We wanted to strike a balance for an early conversation recognizing that we do need to delve much deeper in term of the detail revenue projections and spend projections as we progress with the committee and ultimately with the full Council One of my objectives today was to determine if there was council member interest in proceeding with the work around configuring these various options versus a council that might not agree with the nexus of needing new revenue in the first place. I do feel like we attained that today with sufficient agreement for need for additional revenue. We would like to bring this back in January and answer some of the questions and provide some of the additional data and allow a lengthy amount of time to ensure additional discussion. We will quantify the dollars around each of the revenue options and we will talk about the impacts of the different funding sources both in terms of level of service as well as the impact to community members. Kelly Ohlson; I like Emily’s ideas on our menu of options to pursue for revenue - she had mentioned two or three. Tricia; I liked them as well. Other Business Need to reschedule upcoming Council Finance Committee Meetings to accommodate members; 4-6 pm on the 1st Thursday of the month was proposed. To accommodate schedules the February meeting was proposed to be scheduled for Friday, February 4th - 3-5 pm. Carolyn Koontz will confer with Sarah Kane and updated meeting invitations will be sent out accordingly. Meeting adjourned at 5 pm. Page 34 of 121 Page 35 of 121 COUNCIL FINANCE COMMITTEE AGENDA ITEM SUMMARY STAFF: Blaine Dunn, Accounting Director DATE: January 6, 2022 SUBJECT FOR DISCUSSION: 2022 Financial Policy Review EXECUTIVE SUMMARY: Once a year a portion of Financial Policies are reviewed and updated as needed. Staff is committed to reviewing each policy no less than every 3 years. Policies up for review this year are: Financial Management Policy 7 – Debt Financial Management Policy 8 – Investment GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council Finance Committee support the changes as recommended? BACKGROUND/DISCUSSION Financial Management Policy 7 – Debt: This policy has four sections with recommended changes • Section 7.3 Types of Debt and Financing Agreements o Clarify when equipment leases can be used o Clarify parameters for conduit debt • Section 7.4 Debt Structure and Terms o Remove language of capitalizing interest per new accounting standards • Section 7.8 Inter-agency Loan Program o Section is being moved from Policy 8 – Investment, with no additional changes • Section 7.9 Other o Clarify additional items to be included on future Debt Administration Policy Financial Management Policy 2 – Revenue: Throughout the Policy the Poudre River Library District is added for who this policy applies to. This policy has four sections with recommended changes: • Section 8.1 Policy o Clean up language • Section 8.6 Suitable and Authorized Investments o Clarify there are no split ratings allowed on purchased investments • Section 8.7 Diversification and Liquidity o Renaming section to remove duplicate o Clarify Local Government Investment Pools are treated as Cash and Cash Equivalents • Section 8.8 Inter-agency Loan Program o Removed from policy and added to Policy 7 – Debt Page 36 of 121 ATTACHMENTS • Presentation Slides • Policy 7 – Debt, with changes highlighted • Policy 7 – Debt, clean version • Policy 8 – Investment, with changes highlighted • Policy 8 – Investment, clean version Page 37 of 121 Financial Management Policies Review January 6, 2022Blaine Dunn, Accounting DirectorPage 38 of 121 2Direction Sought •Does Council Finance Committee support the changes as recommended? Page 39 of 121 3Financial Management Policies Policy #Policy Name Last CFC Review Date Next CFC Review Date 1 Budget November 2020 November 2023 2 Revenue November 2020 November 2023 3 General November 2020 November 2023 5 Fund Balance November 2020 November 2023 7 Debt Today November 2024 8 Investments Today November 2024 Page 40 of 121 4 Policy 7 –Debt Page 41 of 121 5Policy 7 -Debt Sections: 1.Authorization for Municipal Borrowing 2.Purpose and Uses of Debt 3.Types of Debt and Financing Agreements (clean up) 4.Debt Structure and Terms (remove section per new accounting standards) 5.Refinancing Debt 6.Debt Limitations and Capacity 7.Debt Issuance Process 8.Inter-agency Loan Program (new section moved from Investment policy) 9. Other (adding additional information) Page 42 of 121 6Policy 7 –Debt, continued 7.3 Types of Debt and Financing Agreements •Clarification on where lease purchases shall be recognized •Updating which policies additional information can be found 7.8 Inter-agency Loan Program •This section used to exist within the Investment Policy, but closer aligns with Debt Policy •No other changes to the policy are recommended 7.9 Other •Additional clarification on what is included within Debt Administration Policy •Debt Administration Policy is still under development by staff Page 43 of 121 7 Policy 8 –Investment Page 44 of 121 8Policy 8 –Investment Sections: 1.Policy 2. Scope (add Library District to applicability of policy) 3.Investment Objectives 4.Standards of Care 5.Safekeeping and Custody 6.Suitable and Authorized Investments (clarify no split ratings) 7.Suitable and Authorized Investments Diversification and Liquidity (Rename and add Local Government Investment Pools (LGIP) to cash and cash equivalents) 8.Inter-agency Loan Program (remove and put in Debt policy) 9. Reporting 10.Policy Adoption (clarify cadence of policy updates) Page 45 of 121 9Policy 8 –Investment, continued 8.2 Scope •Add Poudre River Public Library District to scope of policy 8.6 Suitable and Authorized Investments •Update ratings rules to clarify no split ratings for investments will be allowed 8.7 Diversification and Liquidity •Update name; previously had two sections named Suitable and Authorized Investments •Add LGIP to cash and cash equivalents total •These pooled funds already meet definition of C&CE 8.8 Inter-agency Loan Program •Remove from Investment Policy and add to the Debt PolicyPage 46 of 121 10Next Steps •Bring Policy changes to City Council for consideration as soon as practical •These specific policies will be reviewed again no later than 2024 Page 47 of 121 11Direction Sought •Does Council Finance Committee support the changes as recommended? Page 48 of 121 THANK YOU! Page 49 of 121 Financial Management Policy 7 Debt Issue Date: 11-19-13XXXX Version: 2 Issued by: City Council ontroller/ Assistant Financial Officer Financial Policy 7 – Debt 1 7.1 Authorization for Municipal Borrowing The City Charter (Article V. Part II) authorizes the borrowing of money and the issuance of long term debt. The Charter and State Constitution determine which securities may be issued and when a vote of the electors of the City and approved by a majority of those voting on the issue. 7.2 Purpose and Uses of Debt Long term obligations should only be used to finance larger capital acquisitions and/or construction costs that are for high priority projects. Debt will not be used for operating purposes. Debt financing of capital improvements and equipment will be done only when the following conditions exist: a) When non-continuous projects (those not requiring continuous annual appropriations) are desired; b) When it can be determined that future users will receive a significant benefit from the improvement; c) When it is necessary to provide critical basic services to residents and taxpayers (for example, purchase of water rights); Objective: The purpose of this policy is to establish parameters and provide guidance governing the issuance of all debt obligations issued by the City of Fort Collins (City). Applicability: This debt policy applies to all funds and Service Areas of the City and closely related agencies such as the Downtown Development Authority (DDA), Fort Collins Leasing Corporation and the Fort Collins Urban Renewal Authority (URA). Authorized by: City Council Resolutions, 1994-174, 2013-093, 2022-xxx Page 50 of 121 Financial Policy 7 – Debt 2 d) When total debt, including that issued by overlapping governmental entities, does not constitute an unreasonable burden to the residents and taxpayers. 7.3 Types of Debt and Financing Agreements The types of debt permitted are outlined in State statute. The City will avoid derivative type instruments. In general the following debt types are used by the City: a) General obligation bonds—backed by the credit and taxing power of the City and not from revenues of any specific project. Colorado law limits general obligation debt to 10% of the City’s assessed valuation. Under TABOR this type of debt must be approved by voters. b) Revenue Bonds—issued and backed by the revenues of a specific project, tax increment district (TIF), enterprise fund, etc. The holders of these bonds can only consider this revenue source for repayment. TABOR does not require that voters approve these types of debt. c) Lease Purchase – issued whereby the asset acquired is used as collateral. Examples include Certificates of Participation (COP), Assignment of Lease Payments (ALP) and equipment leases. Equipment leases shall be limited to financing within Internal Service Funds. TABOR does not require that voters approve these types of agreements. d) Moral Obligation Pledge—a pledge to consider replenishing a debt reserve fund of another government agency if the reserve was used to make debt payments. This type of commitment will only be used to support the highest priority projects, or when the financial risk to the City does not increase significantly, or when the City’s overall credit rating is not expected to be negatively impacted. Because it is a pledge to consider replenishing, it is not a pledge of the City’s credit, and as such is not a violation of State statutes and City Charter. However, decision makers should keep in mind that not honoring a Moral Obligation Pledge will almost certainly negatively impact the City’s overall credit rating. TABOR does not require that voters approve these types of agreements. e) Interagency Borrowing—issued when the credit of an agency (DDA, URA) of the City does not permit financing at affordable terms. Usually used to facilitate a project until the revenue stream is established and investors can offer better terms to the agency. Program parameters are outlined in City’s Investment Policy 8.8section 7.8 of this policy. TABOR does not require that voters approve these types of agreements. f) Conduit Debt—Typically limited to Qualified Private Activity Bonds (PAB) defined by the IRS and limited to the annual allocation received from the State. Low income housing is one example of a qualified use of PAB. Program parameters are outlined the General Financial Policy 3.6. There is no pledge or guarantee to pay by the City. g) Any other securities not in contravention with City Charter or State statute. 7.4 Debt Structure and Terms Page 51 of 121 Financial Policy 7 – Debt 3 The following are guidelines, and may be modified by the City to meet the particulars of the financial markets at the time of the issuance of a debt obligation: a) Term of the Debt: The length of the financing will not exceed the useful life of the asset or average life of a group of assets, or 30 years, whichever is less. Terms longer than 20 years should be limited to the highest priority projects. b) Structure of Debt: Level debt service will be used unless otherwise dictated by the useful life of the asset(s) and/or upon the advice of the City's financial advisor. c) Credit Enhancements: The City will not use credit enhancements unless the cost of the enhancement is less than the differential between the net present value of the debt service without enhancement and the net present value of the debt service with the enhancement. d) Variable Rate Debt: The City will normally not issue variable rate debt, meaning debt at rates that may adjust depending upon changed market conditions. However, it is recognized that certain circumstances may warrant the issuance of variable rate debt, but the City will attempt to stabilize the debt service payments through the use of an appropriate stabilization arrangement. e) Derivative type instruments and terms will be avoided. a) Interest during construction will be capitalized when the debt is in an enterprise fund. 7.67.5 Refinancing Debt Refunding of outstanding debt will only be done if there is a resultant economic gain regardless of whether there is an accounting gain or loss, or a subsequent reduction or increase in cash flows. The net present value savings shall be at least 3%, preferably 5% or more. In an advanced refunding (before the call date), the ratio of present value savings to the negative arbitrage costs should be at least 2. 7.77.6 Debt Limitations and Capacity Debt capacity will be evaluated by the annual dollar amount paid and the total amount outstanding with the goal to maintain the City’s overall issuer rating at the very highest rating, AAA. Parameters are different for Governmental Funds, Enterprise Funds, and Related Agencies. a. Governmental Funds—Annual debt service (principal and interest) will not exceed 5% of annual revenues. For calculation, revenues will not include internal charges, transfers and large one-time grants. Outstanding debt in relation to population and assessed value will be monitored. b. Enterprise Funds—Each fund is unique and will be evaluated independently. Each fund’s debt will be managed to maintain a credit score of at least an A rating. These funds typically issue revenue bonds and investors closely watch revenue coverage ratio. Coverage ratios are usually published in the Statistical Section of the City’s Comprehensive Annual Financial Statement. Page 52 of 121 Financial Policy 7 – Debt 4 c. Related Agencies—Each agency will be evaluated independently, taking into account City Charter, State statutes, market conditions and financial feasibility. 7.87.7 Debt Issuance Process When the City utilizes debt financing, it will ensure that the debt is soundly financed by: a) Selecting an independent financial advisor to assist with determining the method of sale and the selection of other financing team members b) Conservatively projecting the revenue sources that will be used to pay the debt; c) Maintaining a debt service coverage ratio which ensures that combined debt service requirements will not exceed revenues pledged for the payment of debt. d) Evaluating proposed debt against the target debt indicators. 7.8 Inter-agency Loan Program 1. Purpose: The purpose of the Inter-agency loan program is to support City services, missions, and values by making loans to outside entities such as the Urban Renewal Authority and the Downtown Development Authority while maintaining an adequate rate of return for the City. 2. Eligible Applicants: The following are examples of situations in which City loans to outside agencies may be appropriate: A. An entity that was created wholly or in part by the City and is in a fledgling stage and does not yet have an established credit history to access the capital markets. Examples include the Urban Renewal Authority, etc. B. An entity related to the City desires to issue debt that will be repaid over a timeframe that would be unrealistic for a private lender. Examples include bonds issued by the Downtown Development Authority for less than 10 years. C. Any other situation in which the Council deems it appropriate to meet the financing needs of an entity that is engaged in services that support the mission and values of the City. 3. Program Guidelines: A. The borrowing entity must have approval from its governing body. B. The loan must be evidenced by a promissory note. Page 53 of 121 Financial Policy 7 – Debt 5 C. There must be a reasonable probability of repayment of the loan from an identifiable source such as TIF revenues. D. The interest rate assigned to the loan must be the higher of the Treasury Note or Municipal Bond of similar duration (3 year, 5 year, etc.), plus 0.5%, subject to the following minimum (floor). FLOOR - Minimum Loan Rates Term Rate 0 – 5 years 2.75% 6 – 10 years 3.25% 11 – 15 years 3.75% 16 – 25 years 4.00% E. The loans must be limited to 25 years. F. City Council must review the request and approve the amount and terms and conditions of the loan. G. Loans of Utility reserves must be reviewed by either the Energy Board or Water Board in advance of City Council, or other board consideration, and must meet the following additional criteria: a. the City Council must make a formal finding that the funds will not be needed for utility purposes during the term of the loan, and that the terms and conditions of the loan represent a reasonable rate of return to the Utility; and b. utility rates must not be increased for the purposes of funding the loan. 4. Limit on Funds available for Loan Program A. Governmental Funds: Total loans shall not exceed 25% of the aggregate cash and investments balance of the governmental funds (i.e., General Fund and Special Revenue Funds). B. Enterprise Funds: Total loans shall not exceed 5% of the aggregate cash and investments balance in the enterprise funds (i.e. Utility Funds and Golf Fund). Page 54 of 121 Financial Policy 7 – Debt 6 C. Operating and capital needs of the loaning funds shall not be significantly impaired by these loans. D. Loans should not impact the loaning funds compliance with minimum fund balance policies, timing of intended uses, etc 7.9 Other Debt Management - The City will also have an aAdministratively approved Debt Administration Policy and Procedure 53 that includes guidance on: a) Investment of bond proceeds b) Market disclosure practices to primary and secondary markets, including annual certifications, continuing disclosures agreements and material event disclosures c) Arbitrage rebate monitoring and filing d) Federal and State law compliance practices e) Ongoing Market and investor relations efforts f) Identify a Chief Compliance Officer g) System of actions and deadlines f)h) Records to be maintained Getting Help Please contact the Controller/Assistant Financial OfficerDirector of Accounting with any questions at 970.221.6784. Related Policies/References - The City of Fort Collins Charter (Article V., Part II) - Investment Policy - Debt Administration Policy and Procedures 53 Page 55 of 121 Financial Policy 7 – Debt 7 Definitions Conduit Debt: 1- An organization, usually a government agency, that issues municipal securities to raise capital for revenue-generating projects where the funds generated are used by a third party (known as the "conduit borrower") to make payments to investors. The conduit financing is typically backed by either the conduit borrower's credit or funds pledged toward the project by outside investors. If a project fails and the security goes into default, it falls to the conduit borrower's financial obligation, not the conduit issuer (City). 2- Common types of conduit financing include industrial development revenue bonds (IDRBs), private activity bonds and housing revenue bonds (both for single-family and multifamily projects). Most conduit-issued securities are for projects to benefit the public at large (i.e. airports, docks, sewage facilities) or specific population segments (i.e. students, low-income home buyers, veterans). 3- In some cases, a governmental entity issues municipal bonds for the purpose of making proceeds available to a private entity in furtherance of a public purpose, such as in connection with not-for-profit hospitals, affordable housing, and many other cases. These types of municipal bonds are sometimes referred to as "conduit bonds." One common structure is for the governmental issuer to enter into an arrangement with the private conduit borrower in which the bond proceeds are loaned to the conduit borrower and the conduit borrower repays the loan to the issuer. For most conduit bonds, although the governmental issuer of the bonds is legally obligated for repayment, that obligation usually is limited to the amounts of the loan repayments from the conduit borrower. If the conduit borrower fails to make loan repayments, the governmental issuer typically is not required to make up such shortfalls. Thus, unless the bond documents explicitly state otherwise, investors in conduit bonds should not view the governmental issuer as a guarantor on conduit bonds. Credit Enhancements: the requirement that a certain percentage or amount of non-federal dollars or in- kind services be provided in addition to the grant funds. Interagency: the individual responsible for fiscally managing the grant award and the person who maintains the records in the City’s financial system. Debt Service Coverage Ratio: is a common measure of the ability to make debt service payments. The formula is net operating income (operating revenue – operating expense) divided by debt service (annual principal and interest) Page 56 of 121 Financial Management Policy 7 Debt Issue Date: XXXX Version: 2 Issued by: City Council Financial Policy 7 – Debt 1 7.1 Authorization for Municipal Borrowing The City Charter (Article V. Part II) authorizes the borrowing of money and the issuance of long term debt. The Charter and State Constitution determine which securities may be issued and when a vote of the electors of the City and approved by a majority of those voting on the issue. 7.2 Purpose and Uses of Debt Long term obligations should only be used to finance larger capital acquisitions and/or construction costs that are for high priority projects. Debt will not be used for operating purposes. Debt financing of capital improvements and equipment will be done only when the following conditions exist: a) When non-continuous projects (those not requiring continuous annual appropriations) are desired; b) When it can be determined that future users will receive a significant benefit from the improvement; c) When it is necessary to provide critical basic services to residents and taxpayers (for example, purchase of water rights); d) When total debt, including that issued by overlapping governmental entities, does not constitute an unreasonable burden to the residents and taxpayers. Objective: The purpose of this policy is to establish parameters and provide guidance governing the issuance of all debt obligations issued by the City of Fort Collins (City). Applicability: This debt policy applies to all funds and Service Areas of the City and closely related agencies such as the Downtown Development Authority (DDA), Fort Collins Leasing Corporation and the Fort Collins Urban Renewal Authority (URA). Authorized by: City Council Resolutions, 1994-174, 2013-093, 2022-xxx Page 57 of 121 Financial Policy 7 – Debt 2 7.3 Types of Debt and Financing Agreements The types of debt permitted are outlined in State statute. The City will avoid derivative type instruments. In general the following debt types are used by the City: a) General obligation bonds—backed by the credit and taxing power of the City and not from revenues of any specific project. Colorado law limits general obligation debt to 10% of the City’s assessed valuation. Under TABOR this type of debt must be approved by voters. b) Revenue Bonds—issued and backed by the revenues of a specific project, tax increment district (TIF), enterprise fund, etc. The holders of these bonds can only consider this revenue source for repayment. TABOR does not require that voters approve these types of debt. c) Lease Purchase – issued whereby the asset acquired is used as collateral. Examples include Certificates of Participation (COP), Assignment of Lease Payments (ALP) and equipment leases. Equipment leases shall be limited to financing within Internal Service Funds. TABOR does not require that voters approve these types of agreements. d) Moral Obligation Pledge—a pledge to consider replenishing a debt reserve fund of another government agency if the reserve was used to make debt payments. This type of commitment will only be used to support the highest priority projects, or when the financial risk to the City does not increase significantly, or when the City’s overall credit rating is not expected to be negatively impacted. Because it is a pledge to consider replenishing, it is not a pledge of the City’s credit, and as such is not a violation of State statutes and City Charter. However, decision makers should keep in mind that not honoring a Moral Obligation Pledge will almost certainly negatively impact the City’s overall credit rating. TABOR does not require that voters approve these types of agreements. e) Interagency Borrowing—issued when the credit of an agency (DDA, URA) of the City does not permit financing at affordable terms. Usually used to facilitate a project until the revenue stream is established and investors can offer better terms to the agency. Program parameters are outlined in section 7.8 of this policy. TABOR does not require that voters approve these types of agreements. f) Conduit Debt—Typically limited to Qualified Private Activity Bonds (PAB) defined by the IRS and limited to the annual allocation received from the State. Low income housing is one example of a qualified use of PAB. Program parameters are outlined the General Financial Policy 3.6. There is no pledge or guarantee to pay by the City. g) Any other securities not in contravention with City Charter or State statute. 7.4 Debt Structure and Terms The following are guidelines, and may be modified by the City to meet the particulars of the financial markets at the time of the issuance of a debt obligation: Page 58 of 121 Financial Policy 7 – Debt 3 a) Term of the Debt: The length of the financing will not exceed the useful life of the asset or average life of a group of assets, or 30 years, whichever is less. Terms longer than 20 years should be limited to the highest priority projects. b) Structure of Debt: Level debt service will be used unless otherwise dictated by the useful life of the asset(s) and/or upon the advice of the City's financial advisor. c) Credit Enhancements: The City will not use credit enhancements unless the cost of the enhancement is less than the differential between the net present value of the debt service without enhancement and the net present value of the debt service with the enhancement. d) Variable Rate Debt: The City will normally not issue variable rate debt, meaning debt at rates that may adjust depending upon changed market conditions. However, it is recognized that certain circumstances may warrant the issuance of variable rate debt, but the City will attempt to stabilize the debt service payments through the use of an appropriate stabilization arrangement. e) Derivative type instruments and terms will be avoided. 7.5 Refinancing Debt Refunding of outstanding debt will only be done if there is a resultant economic gain regardless of whether there is an accounting gain or loss, or a subsequent reduction or increase in cash flows. The net present value savings shall be at least 3%, preferably 5% or more. In an advanced refunding (before the call date), the ratio of present value savings to the negative arbitrage costs should be at least 2. 7.6 Debt Limitations and Capacity Debt capacity will be evaluated by the annual dollar amount paid and the total amount outstanding with the goal to maintain the City’s overall issuer rating at the very highest rating, AAA. Parameters are different for Governmental Funds, Enterprise Funds, and Related Agencies. a. Governmental Funds—Annual debt service (principal and interest) will not exceed 5% of annual revenues. For calculation, revenues will not include internal charges, transfers and large one-time grants. Outstanding debt in relation to population and assessed value will be monitored. b. Enterprise Funds—Each fund is unique and will be evaluated independently. Each fund’s debt will be managed to maintain a credit score of at least an A rating. These funds typically issue revenue bonds and investors closely watch revenue coverage ratio. Coverage ratios are usually published in the Statistical Section of the City’s Comprehensive Annual Financial Statement. c. Related Agencies—Each agency will be evaluated independently, taking into account City Charter, State statutes, market conditions and financial feasibility. Page 59 of 121 Financial Policy 7 – Debt 4 7.7 Debt Issuance Process When the City utilizes debt financing, it will ensure that the debt is soundly financed by: a) Selecting an independent financial advisor to assist with determining the method of sale and the selection of other financing team members b) Conservatively projecting the revenue sources that will be used to pay the debt; c) Maintaining a debt service coverage ratio which ensures that combined debt service requirements will not exceed revenues pledged for the payment of debt. d) Evaluating proposed debt against the target debt indicators. 7.8 Inter-agency Loan Program 1. Purpose: The purpose of the Inter-agency loan program is to support City services, missions, and values by making loans to outside entities such as the Urban Renewal Authority and the Downtown Development Authority while maintaining an adequate rate of return for the City. 2. Eligible Applicants: The following are examples of situations in which City loans to outside agencies may be appropriate: A. An entity that was created wholly or in part by the City and is in a fledgling stage and does not yet have an established credit history to access the capital markets. Examples include the Urban Renewal Authority, etc. B. An entity related to the City desires to issue debt that will be repaid over a timeframe that would be unrealistic for a private lender. Examples include bonds issued by the Downtown Development Authority for less than 10 years. C. Any other situation in which the Council deems it appropriate to meet the financing needs of an entity that is engaged in services that support the mission and values of the City. 3. Program Guidelines: A. The borrowing entity must have approval from its governing body. B. The loan must be evidenced by a promissory note. C. There must be a reasonable probability of repayment of the loan from an identifiable source such as TIF revenues. Page 60 of 121 Financial Policy 7 – Debt 5 D. The interest rate assigned to the loan must be the higher of the Treasury Note or Municipal Bond of similar duration (3 year, 5 year, etc.), plus 0.5%, subject to the following minimum (floor). FLOOR - Minimum Loan Rates Term Rate 0 – 5 years 2.75% 6 – 10 years 3.25% 11 – 15 years 3.75% 16 – 25 years 4.00% E. The loans must be limited to 25 years. F. City Council must review the request and approve the amount and terms and conditions of the loan. G. Loans of Utility reserves must be reviewed by either the Energy Board or Water Board in advance of City Council, or other board consideration, and must meet the following additional criteria: a. the City Council must make a formal finding that the funds will not be needed for utility purposes during the term of the loan, and that the terms and conditions of the loan represent a reasonable rate of return to the Utility; and b. utility rates must not be increased for the purposes of funding the loan. 4. Limit on Funds available for Loan Program A. Governmental Funds: Total loans shall not exceed 25% of the aggregate cash and investments balance of the governmental funds (i.e., General Fund and Special Revenue Funds). B. Enterprise Funds: Total loans shall not exceed 5% of the aggregate cash and investments balance in the enterprise funds (i.e. Utility Funds and Golf Fund). C. Operating and capital needs of the loaning funds shall not be significantly impaired by these loans. Page 61 of 121 Financial Policy 7 – Debt 6 D. Loans should not impact the loaning funds compliance with minimum fund balance policies, timing of intended uses, etc 7.9 Other Debt Management - The City will also have an administratively approved Debt Administration Policy and Procedure 53 that includes guidance on: a) Investment of bond proceeds b) Market disclosure practices to primary and secondary markets, including annual certifications, continuing disclosures agreements and material event disclosures c) Arbitrage rebate monitoring and filing d) Federal and State law compliance practices e) Ongoing Market and investor relations efforts f) Identify a Chief Compliance Officer g) System of actions and deadlines h) Records to be maintained Getting Help Please contact the Director of Accounting with any questions at 970.221.6784. Related Policies/References - The City of Fort Collins Charter (Article V., Part II) - Investment Policy - Debt Administration Policy and Procedures 53 Page 62 of 121 Financial Policy 7 – Debt 7 Definitions Conduit Debt: 1- An organization, usually a government agency, that issues municipal securities to raise capital for revenue-generating projects where the funds generated are used by a third party (known as the "conduit borrower") to make payments to investors. The conduit financing is typically backed by either the conduit borrower's credit or funds pledged toward the project by outside investors. If a project fails and the security goes into default, it falls to the conduit borrower's financial obligation, not the conduit issuer (City). 2- Common types of conduit financing include industrial development revenue bonds (IDRBs), private activity bonds and housing revenue bonds (both for single-family and multifamily projects). Most conduit-issued securities are for projects to benefit the public at large (i.e. airports, docks, sewage facilities) or specific population segments (i.e. students, low-income home buyers, veterans). 3- In some cases, a governmental entity issues municipal bonds for the purpose of making proceeds available to a private entity in furtherance of a public purpose, such as in connection with not-for-profit hospitals, affordable housing, and many other cases. These types of municipal bonds are sometimes referred to as "conduit bonds." One common structure is for the governmental issuer to enter into an arrangement with the private conduit borrower in which the bond proceeds are loaned to the conduit borrower and the conduit borrower repays the loan to the issuer. For most conduit bonds, although the governmental issuer of the bonds is legally obligated for repayment, that obligation usually is limited to the amounts of the loan repayments from the conduit borrower. If the conduit borrower fails to make loan repayments, the governmental issuer typically is not required to make up such shortfalls. Thus, unless the bond documents explicitly state otherwise, investors in conduit bonds should not view the governmental issuer as a guarantor on conduit bonds. Credit Enhancements: the requirement that a certain percentage or amount of non-federal dollars or in- kind services be provided in addition to the grant funds. Interagency: the individual responsible for fiscally managing the grant award and the person who maintains the records in the City’s financial system. Debt Service Coverage Ratio: is a common measure of the ability to make debt service payments. The formula is net operating income (operating revenue – operating expense) divided by debt service (annual principal and interest) Page 63 of 121 Financial Management Policy 8 Investment Policy Issue Date: 12/18/2012XXXX Version: 5 Issued by: Investment AdministratorCity Council Financial Policy 8 – Investments 1 8.1 Policy The City of Fort Collins, Colorado (the “City”) is a home rule municipality operating under the City Charter. Article V, Part III of the City Charter assigns to the Financial Officer the responsibility of investing City funds. Funds must be placed in investments authorized by the City Council (“Council”). The Financial Officer will administer the investment program to ensure effective and sound fiscal management. It is the policy of the City to invest public funds in a manner which will protect capital and meet liquidity needs while providing the highest investment return provide the highest investment return while protecting capital and meeting liquidity needs. 8.2 Scope Objective: This policy is to establish guidelines for the efficient management of City funds and for the purchase and sale of investments. The City’s principal investment objectives, in priority order are: legal conformance, safety, liquidity and return on investment. All investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Applicability: This investment policy applies to the investment of all general and specific funds over which the City exercises financial control, including operating funds, Poudre Fire Authority, the Downtown Development Authority, Poudre River Public Library District, Fort Collins Leasing Corporation and the Fort Collins Urban Renewal Authority. Authorized by: City Council, Resolutions 90-44, 2008-121, 2009-109, 2010-065, & 2012-119. 2022-xxx. Page 64 of 121 Financial Policy 8 – Investments 2 This policy is to establish guidelines for the efficient management of City funds and for the purchase and sale of investments. This investment policy applies to the investment of all general and special funds over which the City exercises financial control, including operating funds, Poudre Fire Authority, the Downtown Development Authority, Poudre River Public Library District, Fort Collins Leasing Corporation and the Fort Collins Urban Renewal Authority. For purposes of this policy, operating funds include: General Fund; Special Revenue Funds; Debt Services Funds (unless prohibited by bond ordinance); Capital Projects Funds; Enterprise Funds; Internal Service Funds; Trust and Agency Funds; and Any newly created Fund, unless exempted by Council. Unless specifically provided for in the bond ordinance, all bond proceeds, bond reserve funds and pledged revenues must be invested in accordance with the operating funds guidelines set forth in this Investment Policy. Guidelines for investing the funds of the City’s defined benefit plan shall be included in the Investment Policy for the General Employees’ Retirement Plan, which is monitored and approved by the General Employees’ Retirement Committee. 8.3 Investment Objectives The City’s principal investment objectives, in priority order, are: legal conformance, safety, liquidity, and return on investment. All investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. 1. Legal conformance: The investment portfolio will conform to all legal and contractual requirements. 2. Safety: Safety of investment principal and the preservation of capital are primary objectives of the investment program. When making investment decisions, the Financial Officer will seek to ensure the preservation of capital in the overall portfolio by mitigating credit risk and interest rate risk. A. Credit Risk: The Financial Officer will minimize the risk of loss of principal and/or interest due to the failure of the security issuer or backer by: a. Limiting investments to the safest types of securities. b. Pre-qualifying financial institutions, securities brokers and dealers, and advisors. Page 65 of 121 Financial Policy 8 – Investments 3 c. Diversifying the investment portfolio to reduce exposure to any one security type or issuer. Interest Rate Risk: The Financial Officer will minimize the risk that the market value of securities in the portfolio will fall due to changes in market interest rates by: a. Whenever possible, holding investments to their stated maturity dates. b. Investing a portion of the operating funds in shorter-term securities, money market mutual funds, or local government investment pools. 3. Liquidity: The investment portfolio must be sufficiently liquid so as to meet all reasonably anticipated operating cash flow needs. This is accomplished by structuring the portfolio so that securities mature to meet cash requirements for ongoing operations. Investments shall be managed to avoid, but not prohibit, sale of securities before their maturities to meet foreseeable cash flow requirements. Since all possible cash needs cannot be anticipated, the portfolio must consist largely of securities with active secondary or resale markets. 4. Return on Investment: The investment portfolio will be designed with the objective of maximizing the rate of return on investment while maintaining acceptable risk levels and ensuring adequate liquidity. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. Investment pooling may be used to maximize the City’s investment income. Interest income, from pooling, will be distributed to the participating funds in proportion to each fund’s level of contribution. The Financial Officer will determine whether a security will be sold prior to maturity. The following are examples of when a security might be sold: a. A security with a declining credit rating may be sold early to minimize loss of principal; b. A security swap would improve the quality, yield, return, or maturity distribution of the portfolio; c. Liquidity needs of the portfolio require that the security be sold; or d. The Financial Officer will obtain the best rate of return on investments by taking advantage of market volatility and recognizing gains on a portion of the portfolio. 8.4 Standards of Care Page 66 of 121 Financial Policy 8 – Investments 4 1. Prudence: The City has a fiduciary responsibility to protect the assets of the City and to invest funds appropriately. The standard of care to be used by City officials is the “prudent person” rule as specified by CRS 15-1-304, which reads: “Standard for investments: In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property for the benefit of others, fiduciaries shall be required to have in mind the responsibilities which are attached to such offices and the size, nature, and needs of the estates entrusted to their care and shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the management of the property of another, not in regard to speculation but in regard to the permanent disposition of funds, considering the probable income as well as the probable safety of capital. Within the limitations of the foregoing standard, fiduciaries are authorized to acquire and retain every kind of property, real, personal, and mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures, other corporate obligations, stocks, preferred or common, securities of any open-end or closed-end management type investment company or investment trust, and participations in common trust funds, which men of prudence, discretion, and intelligence would acquire or retain for the account of another.” The Financial Officer and designees, acting within the guidelines of this investment policy and written procedures, the City Charter and Code, all applicable state and federal laws and after exercising due diligence, will not be held personally liable and will be relieved or personal responsibility for an individual security’s credit risk or market price changes, or for losses incurred as a result of specific investment transactions or strategies. (CRS 24-75-601.4, et seq.) 2. Ethics and Conflicts of Interest: City officers and employees involved in the investment process will refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials must disclose any material interests in financial institutions with which they conduct business. They must further disclose any personal financial and investment positions that could be related to the performance of the City’s investment portfolio. In addition they must adhere to the rules of conflicts of interest as stated in Art. IV, Section 9(b) of the Charter of the City of Fort Collins, Colorado. Page 67 of 121 Financial Policy 8 – Investments 5 3. Delegation of Authority: The City Charter assigns the responsibility for the collection and investment of all city funds to the Financial Officer, subject to direction from Council by ordinance or resolution. The Financial Officer, subject to City Manager approval, may appoint other members of the Finance Department to assist in the investment function. Administrative Procedures a. The Financial Officer is responsible for all investment decisions and activities, and must regulate the activities of subordinate employees for the operation of the City’s investment program consistent with this investment policy. b. No person may engage in an investment transaction except as provided under the terms of this Investment Policy and the procedures established by the Financial Officer. A. Authorized Designees a. The Financial Officer will maintain a list of individuals and institutions that are authorized to transfer, purchase, sell and wire securities or funds on behalf of the City. b. This list will be provided to the securities broker or dealer or financial institution prior to the City conducting any investment transactions with the institution. B. Investment Advisors a. The Financial Officer has the discretion to appoint one or more investment advisors, registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940, to assist in the management of all or a portion of the City’s investment portfolio. b. All investments made through such investment advisors shall be within the guidelines of this Investment Policy. 4. Investment Committee: The Investment Committee consists of the Financial Officer and at least 2 other employees of the City that are knowledgeable in the area of governmental investments. The Investment Committee, at the discretion of the Financial Officer, may also include up to 2 private sector investment or banking professionals. The purpose of the Investment Committee shall be to provide advice to the Financial Officer regarding the operation of the investment program. 8.5 Safekeeping and Custody Page 68 of 121 Financial Policy 8 – Investments 6 1. Authorized Securities Brokers and Dealers and Financial institutions A. The Financial Officer will maintain a list of financial institutions authorized to provide investment services. The Financial Officer will also maintain a list of approved securities brokers and dealers. This list may include “primary” dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1. B. All financial institutions and securities brokers and dealers who wish to provide investment services to the City must supply the following (as appropriate): a. Current audited financial statements; b. Completed securities broker and dealer questionnaire; c. Proof of National Association of Securities Dealers certification and registration in the State of Colorado; and d. Certification of their review, understanding and agreement to comply with the City’s Investment Policy. C. If a financial institution or securities broker or dealer wishes to enter into a repurchase agreement with the city, the institution must sign a Master Repurchase Agreement approved as to form and content by the City Attorney’s Office. D. The Financial Officer must conduct an annual review of the financial condition of authorized financial institutions and securities brokers and dealers. E. Investment transactions must be executed with an authorized financial institution or securities broker or dealer except in the following circumstances: a. Commercial paper, banker acceptances and guaranteed investment contracts may be purchased and sold directly from the issuer; b. Mutual funds and money market funds may be purchased, sold and held directly with the funds; c. Investments in local government investment pools may be transacted directly with the pool; and d. Bond refunding and lease escrow agreements will be executed as provided in the bond and lease documents. F. The Financial Officer will establish a safekeeping agreement with an approved financial institution to act as a third party custodian. Investment securities will be held for the City by the custodian. When applicable, the Financial Officer shall establish a separate securities lending agreement with the custodian bank. The selection of the City’s primary depository Page 69 of 121 Financial Policy 8 – Investments 7 and primary custodian will be made through the City’s competitive Request for Proposals process. 2. Delivery versus Payment: All trades will be executed by delivery versus payment to ensure that securities are deposited in an eligible financial institution prior to the release of funds. Securities will be held by the City’s third-party custodian as evidenced by safekeeping receipts. 3. Internal Controls: The Financial Officer is responsible for establishing and maintaining an internal control structure designed to provide reasonable assurance that the assets of the city are protected from loss, theft or misuse. 8.6 Suitable and Authorized Investments As a home rule city, the City may adopt a list of acceptable investment instruments differing from those outlined in CRS 24-75-601.1. Pursuant to Article V of the City’s Charter the Council has adopted the following Ordinances and Resolutions establishing the framework under which the Financial Officer must conduct his duties: Ordinance 90, 1993; Ordinance 108, 1988, Resolution 85-134; and Resolution 82-70. Council may adopt additional Ordinances or Resolutions that require modification of these investment tools. 1. Eligible Investments: City funds may be invested in the following: A. Any securities now or hereafter designed as legal investment for municipalities in any applicable statute of the State of Colorado; B. Interest-bearing accounts or time certificates of deposit, including collateralized certificates of deposit and certificates of deposit through the Account Registry Service, of financial institutions designated as depositories for public moneys by the State of Colorado; C. United States Treasury obligations for which the full faith and credit of the United States are pledged for payment of principal and interest. Such securities will include but not be limited to: Treasury bills, Treasury notes, Treasury bond and Treasury strips with maturities not exceeding five years from the date of purchase; D. Obligations issued by any United States government-sponsored agency or instrumentality. Maturities may not exceed five years from the date of purchase; E. Obligations issued by or on behalf of the City; F. Obligations issued by or on behalf of any state of the United States, political subdivision, agency, or instrumentality thereof. At the time of Page 70 of 121 Financial Policy 8 – Investments 8 purchase the obligation shall have an investment grade rating of not less than AA- from Standard & Poor’s, Aa3 from Moody’s Investors Service or AA- from Fitch Ratings Service. The ratings must be not less than above for all agencies rating the debt, no split ratings are allowed;; G. Prime-rated bankers acceptances with a maturity not exceeding six months from the date of purchase, issued by a state or national bank which has a combined capital and surplus of at least 250 million dollars, whose deposits are insured by the FDIC and whose senior long-term debt is rated at the time of purchase at least AA- by Standard and Poor’s, Aa3 by Moody’s Investors Service, or AA- by Fitch Ratings Service. The ratings must be not less than above for all agencies rating the debt, no split ratings are allowed; H. U.S. dollar denominated corporate notes or bank debentures. Authorized corporate bonds shall be U.S. dollar denominated, and limited to corporations organized and operated within the United States with a net worth in excess of 250 million dollars. At the time of purchase the debenture or corporate note shall have an investment grade rating of not less than AA- from Standard & Poor’s, Aa3 from Moody’s Investors Service or AA- from Fitch Ratings Service. The ratings must be not less than above for all agencies rating the debt, no split ratings are allowed; I. Prime-rated commercial paper with a maturity not exceeding six months issued by U.S. corporations. At the time of purchase the paper shall be rated A1 by Standard and Poor’s and P1 by Moody’s Investors Service. If the commercial paper issuer has senior debt outstanding, the senior debt must be rated at the time of purchase at least AA- by Standard and Poor’s or Aa3 by Moody’s Investors Service; J. Guaranteed investment contracts of domestically-regulated insurance companies having a claims-paying ability rating of AA- or better from Standard & Poor’s at the time of purchase; K. Repurchase and reverse repurchase agreements. The structure of the agreements (including margin ratios and collateralization) shall be contained in the Master Repurchase Agreements. Repurchase agreements shall include but are not limited to delivery-versus-payment, tri-party and flexible repurchase agreements; L. Local government investment pools authorized under the laws of the State of Colorado with a rating of AAAm; and M. Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of dollar denominated securities. 2. Repurchase Agreements Page 71 of 121 Financial Policy 8 – Investments 9 A. Before any repurchase agreements shall be executed with an authorized securities broker or dealer or financial institution, a Master Repurchase Agreement approved as to form and content by the City Attorney’s Office must be signed between the City and the securities broker or dealer or financial institution. B. The Financial Officer will maintain a file of all Master Repurchase Agreements. C. In addition to the straight forward repurchase agreement, wherein the financial institution or securities broker or dealer delivers the collateral versus payment to the City’s custodian for a fixed term at a fixed rate, the City may enter into other types of repurchase agreements which may include but not be limited to flexible repurchase agreements, tri-party agreements and reverse repurchase agreements. D. Repurchase agreements must be collateralized as provided in individually executed Master Repurchase Agreements at a minimum of 102 percent. E. Zero coupon instruments will not be accepted as collateral. F. The collateralized securities of the repurchase agreement can include but are not limited to: U.S Treasuries, Collateralized Mortgage Obligations or Agency securities. 8.7 Suitable and Authorized InvestmentsDiversification and Liquidity 1. Diversification and Asset Allocation: It is the intent of the City to diversify its investment portfolio. Investments shall be diversified to eliminate the risk of loss resulting from over-concentration of assets in a specific maturity, issuer or class of securities. Diversification strategies and guidelines shall be determined and revised periodically by the Financial Officer. The investments may be diversified by: A. Limiting investments to avoid over-concentration in securities from a specific issuer or business sector (excluding U.S. Treasury securities); B. Limiting investment in securities that have higher credit risks; C. Investing in securities with varying maturities; and D. Maintaining a portion of the portfolio in readily available funds such as local government investment pools, money market funds or short term repurchase agreements to ensure that City liquidity needs are met. Page 72 of 121 Financial Policy 8 – Investments 10 The maximum investment allowable for each investment category as a percentage of the entire portfolio is as follows (excluding collateral for repurchase agreements): CASH AND CASH EQUIVALENTS (INCLUDING LGIP) ......................... 100% TREASURY SECURITIES ................................................................................. 90% GOVERNMENT-SPONSORED AGENCY SECURITIES .............................. 90% REPURCHASE AGREEMENTS ....................................................................... 70% CORPORATE NOTES OR BONDS* ............................................................... 40% BANK DEBENTURES*...................................................................................... 25% COMMERCIAL PAPER* ................................................................................... 25% BANKER’S ACCEPTANCES* ........................................................................... 25% LOCAL GOVERNMENT INVESTMENT POOLS .......................................... 20% MONEY MARKET FUNDS AND MUTUAL FUNDS ............................................................................. 15% CD ACCOUNT REGISTRY SERVICE (MAXIMUM 50 MILLION). ..................................................................... 15% CERTIFICATES OF DEPOSIT ......................................................................... 15% GUARANTEED INVESTMENT CONTRACTS ................................................ 5% * A maximum of 10 percent of the portfolio may be invested in any one provider or issuer. 2. Investment Maturity and Liquidity A. A portion of the portfolio should be continuously invested in readily available funds such as local government investment pools, money market funds, or short-term repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing obligations. The City must at all times maintain 5 percent of its operating investment portfolio in instruments maturing in 120 days or less. B. Reserved funds may be invested in securities exceeding 5 years if the maturities of such investments are made to coincide as closely as possible with the expected use of funds. C. The weighted average final maturity limitation of the total portfolio, excluding pension funds and long-term reserve funds, will not exceed 3 years. D. The City may collateralize repurchase agreements with longer-dated investments, final maturity not to exceed 30 years. Page 73 of 121 Financial Policy 8 – Investments 11 8.8 Inter-agency Loan Program 8. Purpose: The purpose of the Inter-agency loan program is to support City services, missions, and values by making loans to outside entities such as the Urban Renewal Authority and the Downtown Development Authority while maintaining an adequate rate of return for the City. 2. Eligible Applicants: The following are examples of situations in which City loans to outside agencies may be appropriate: H. An entity that was created wholly or in part by the City and is in a fledgling stage and does not yet have an established credit history to access the capital markets. Examples include the Urban Renewal Authority, etc. H. An entity related to the City desires to issue debt that will be repaid over a timeframe that would be unrealistic for a private lender. Examples include bonds issued by the Downtown Development Authority for less than 10 years. H. Any other situation in which the Council deems it appropriate to meet the financing needs of an entity that is engaged in services that support the mission and values of the City. 8. Program Guidelines: H. The borrowing entity must have approval from its governing body. H. The loan must be evidenced by a promissory note. H. There must be a reasonable probability of repayment of the loan from an identifiable source such as TIF revenues. H. The interest rate assigned to the loan must be the higher of the Treasury Note or Municipal Bond of similar duration (3 year, 5 year, etc.), plus 0.5%, subject to the following minimum (floor). FLOOR - Minimum Loan Rates Term Rate 0 – 5 years 2.75% 6 – 10 years 3.25% 11 – 15 years 3.75% Page 74 of 121 Financial Policy 8 – Investments 12 16 – 25 years 4.00% H. The loans must be limited to 25 years. H. City Council must review the request and approve the amount and terms and conditions of the loan. H. Loans of Utility reserves must be reviewed by either the Energy Board or Water Board in advance of City Council consideration, and must meet the following additional criteria: zz. the City Council must make a formal finding that the funds will not be needed for utility purposes during the term of the loan, and that the terms and conditions of the loan represent a reasonable rate of return to the Utility; and aaa. utility rates must not be increased for the purposes of funding the loan. 8. Limit on Funds available for Loan Program H. Governmental Funds: Total loans shall not exceed 25% of the aggregate cash and investments balance of the governmental funds (i.e., General Fund and Special Revenue Funds). H. Enterprise Funds: Total loans shall not exceed 5% of the aggregate cash and investments balance in the enterprise funds (i.e. Utility Funds and Golf Fund). H. Operating and capital needs of the loaning funds shall not be significantly impaired by these loans. H. Loans should not impact the loaning funds compliance with minimum fund balance policies, timing of intended uses, etc. 8.638.8 Reporting 1. Methods: The Financial Officer will prepare an investment report on a quarterly basis. In addition, a comprehensive investment report may be published on the City’s website on an annual basis. All investment reports will be submitted in a timely manner to the City Manager. 2. Performance Standards: The investment portfolio will be managed in accordance with the parameters specified within this Investment Policy. The Page 75 of 121 Financial Policy 8 – Investments 13 Financial Officer will establish a benchmark yield for the City’s investments equal to the average yield on the U.S. Treasury security which most closely corresponds to the portfolio’s actual weighted average maturity. In order to determine the actual rate of return on any portion of the portfolio managed by an investment advisor, the Financial Officer must include all of the advisor’s expenses and fees in the computation of the rate of return. 3. Marking to Market: The market value of the portfolio will be calculated at least quarterly and a statement of the market value will be included in the quarterly investment report. 8.648.9 Policy Adoption This Investment Policy will be reviewed at least every threetwo years by the Investment Committee, City Manager and the Financial Officer and may be amended by Council as conditions warrant. The Investment Policy may be adopted by Resolution of the Council. Page 76 of 121 Financial Policy 8 – Investments 14 Definitions Agency: A bond, issued by a U.S. government-sponsored agency. The offerings of these agencies are backed by the U.S. government, but not guaranteed by the government since the agencies are private entities. Such agencies have been set up in order to allow certain groups of people to access low cost financing, especially students and first-time home buyers. Some prominent issuers of agency bonds are Student Loan Marketing Association (Sallie Mae), Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac). Agency bonds are usually exempt from state and local taxes, but not federal tax. Average Life: The length of time that will pass before one-half of a debt obligation has been retired. Bankers’ Acceptance: A short-term credit investment which is created by a non-financial firm and whose payment is guaranteed by a bank. Often used in importing and exporting, and as a money market fund investment. Benchmark: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments. Book Value: The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security’s current value in the market. Broker: An individual who brings buyers and sellers together for a commission. Cash Sale/Purchase: A transaction which calls for delivery and payment of securities on the same day that the transaction is initiated. Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate. Collateralization: Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Commercial Paper: An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. Coupon Rate: The annual rate of interest received by an investor from the issuer of certain types of fixed- income securities. Also know as the “interest rate”. Credit Quality: The measurement of the financial strength of a bond issuer. This measurement helps an investor to understand an issuer’s ability to make timely interest payments and repay the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by nationally recognized rating agencies. Page 77 of 121 Financial Policy 8 – Investments 15 Credit Risk: The risk to an investor that an issuer will default on the payment of interest and/or principal on a security. Current Yield (Current Return): A yield calculation determined by dividing the annual interest received on a security by the current market price of that security. Debenture: A bond secured only by the general credit of the issuer. Delivery versus Payment (DVP): A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or to their custodian. Diversification: A process of investing assets among a range of security types by sector, maturity, and quality rating. Duration: A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate and yield to maturity. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. Federal Deposit Insurance Corporation (FDIC): A federal agency that insures deposits in member banks and thrifts up to $100,000 ($250,000 through 12/31/2013). Federal Funds: Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on a same-day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. Federal Funds Rate: The interest rate that banks charge each other for the use of Federal funds. Government Securities: An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. Green Investments: Mutual funds that are considered “ethical investments.” These funds screen companies to ensure that they have sound environmental practices such as: maintaining or improving the environment, industrial relations, racial equality, community involvement, education, training, healthcare and various other environmental criteria. Negative screens include but are not limited to: alcohol, gambling, tobacco, irresponsible marketing, armaments, pornography, and animal rights. Interest Rate Risk: The risk associated with declines or rises in interest rates which cause an investment in a fixed-income security to increase or decrease in value. Investment-grade Obligations: An investment instrument suitable for purchase by institutional investors under the prudent person rule. Investment-grade is restricted to those obligations rated BBB or higher by a rating agency. Page 78 of 121 Financial Policy 8 – Investments 16 Liquidity: An asset that can be converted easily and quickly into cash without a substantial loss of value. Local Government Investment Pool (LGIP): An investment by local governments in which their money is pooled as a method for managing local funds. Mark-to-Market: The process whereby the book value or collateral value of a security is adjusted to reflect its current market value. Market Value: Current market price of a security. Master Repurchase Agreement: A written contract covering all future transactions between the parties to repurchase and reverse repurchase. Establishes each party’s rights in the transaction. Maturity: The date on which payment of a financial obligation is due. The final state maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. Money Market Mutual Fund: Mutual funds that invest solely in money market instruments (short-term debt instruments, such as Treasury bills, commercial paper, bankers’ acceptances, repurchase agreements, and federal funds). Mutual Fund: An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the investment company Act of 1940 and must abide by the Securities and Exchange Commission (SEC) disclosure guidelines. National Association of Securities Dealers (NASD): A self-regulatory organization of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. Net Asset Value: The market value of one share of an investment company, such as a mutual fund. This figure is calculated by totaling a fund’s assets which includes securities, cash, and any accrued earnings, subtracting this from the fund’s liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund’s portfolio. No Load Fund: A mutual fund which does not levy a sales charge on the purchase of its shares. Portfolio: Collection of securities held by an investor. Primary Dealer: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Real Estate Investment Trust (REIT): A company that buys, develops, manages and sells real estate assets. Allows participants to invest in a professionally managed portfolio of real-estate properties. The main function is to pass profits on to investors; business activities are generally restricted to generation of property rental income. Page 79 of 121 Financial Policy 8 – Investments 17 Repurchase Agreement (Repo): An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. Reverse Repurchase Agreement: An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement of the first party to resell the securities at a specified price to the second party on demand or at a specified date. Rule 2a-7 of the Investment Company Act: Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13-month maturity limit and a 90-day average maturity on investments, to help maintain a constant net asset value of one dollar ($1.00). Securities and Exchange Commission (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation. Total Return: The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain time period. (Price Appreciation) + (Dividends Paid) + (Capital Gains) = Total Return Treasury Bills: Short-term U.S. government non-interest bearing debt securities with maturities of no longer than one year. Treasury Bonds: Long-term U.S. government debt securities with maturities of more than ten years. Currently, the longest outstanding maturity is 30 years. Treasury Notes: Intermediate U.S. government debt securities with maturities of two to ten years. Tri-party Repurchase Agreement: In a “normal repurchase” transaction there are two parties, the buyer and the seller. A tri-party repurchase agreement adds a custodian as the third party to act as an impartial entity to the repurchase transaction to administer the agreement and to relieve the buyer and seller of many administrative details. Weighted Average Maturity (WAM): The average maturity of all the securities that comprise a portfolio. Yield: The current rate of return on an investment security. Generally expressed as a percentage of the security’s current price. Yield Curve: A graphical representation that depicts the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity. A normal yield curve may be alternatively referred to as a positive yield curve. Yield-to-Maturity: The rate of return yielded by a debt security held to maturity when both interest payments and the investor’s potential capital gain or loss are included in the calculation of return. Zero-Coupon Securities: A security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity. Page 80 of 121 Financial Management Policy 8 Investment Policy Issue Date: 12/18/2012XXXX Version: 5 Issued by: Investment AdministratorCity Council Financial Policy 8 – Investments 1 8.1 Policy The City of Fort Collins, Colorado (the “City”) is a home rule municipality operating under the City Charter. Article V, Part III of the City Charter assigns to the Financial Officer the responsibility of investing City funds. Funds must be placed in investments authorized by the City Council (“Council”). The Financial Officer will administer the investment program to ensure effective and sound fiscal management. It is the policy of the City to invest public funds in a manner which will protect capital and meet liquidity needs while providing the highest investment return provide the highest investment return while protecting capital and meeting liquidity needs. 8.2 Scope Objective: This policy is to establish guidelines for the efficient management of City funds and for the purchase and sale of investments. The City’s principal investment objectives, in priority order are: legal conformance, safety, liquidity and return on investment. All investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Applicability: This investment policy applies to the investment of all general and specific funds over which the City exercises financial control, including operating funds, Poudre Fire Authority, the Downtown Development Authority, Poudre River Public Library District, Fort Collins Leasing Corporation and the Fort Collins Urban Renewal Authority. Authorized by: City Council, Resolutions 90-44, 2008-121, 2009-109, 2010-065, & 2012-119. 2022-xxx. Page 81 of 121 Financial Policy 8 – Investments 2 This policy is to establish guidelines for the efficient management of City funds and for the purchase and sale of investments. This investment policy applies to the investment of all general and special funds over which the City exercises financial control, including operating funds, Poudre Fire Authority, the Downtown Development Authority, Poudre River Public Library District, Fort Collins Leasing Corporation and the Fort Collins Urban Renewal Authority. For purposes of this policy, operating funds include: General Fund; Special Revenue Funds; Debt Services Funds (unless prohibited by bond ordinance); Capital Projects Funds; Enterprise Funds; Internal Service Funds; Trust and Agency Funds; and Any newly created Fund, unless exempted by Council. Unless specifically provided for in the bond ordinance, all bond proceeds, bond reserve funds and pledged revenues must be invested in accordance with the operating funds guidelines set forth in this Investment Policy. Guidelines for investing the funds of the City’s defined benefit plan shall be included in the Investment Policy for the General Employees’ Retirement Plan, which is monitored and approved by the General Employees’ Retirement Committee. 8.3 Investment Objectives The City’s principal investment objectives, in priority order, are: legal conformance, safety, liquidity, and return on investment. All investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. 1. Legal conformance: The investment portfolio will conform to all legal and contractual requirements. 2. Safety: Safety of investment principal and the preservation of capital are primary objectives of the investment program. When making investment decisions, the Financial Officer will seek to ensure the preservation of capital in the overall portfolio by mitigating credit risk and interest rate risk. A. Credit Risk: The Financial Officer will minimize the risk of loss of principal and/or interest due to the failure of the security issuer or backer by: a. Limiting investments to the safest types of securities. b. Pre-qualifying financial institutions, securities brokers and dealers, and advisors. Page 82 of 121 Financial Policy 8 – Investments 3 c. Diversifying the investment portfolio to reduce exposure to any one security type or issuer. Interest Rate Risk: The Financial Officer will minimize the risk that the market value of securities in the portfolio will fall due to changes in market interest rates by: a. Whenever possible, holding investments to their stated maturity dates. b. Investing a portion of the operating funds in shorter-term securities, money market mutual funds, or local government investment pools. 3. Liquidity: The investment portfolio must be sufficiently liquid so as to meet all reasonably anticipated operating cash flow needs. This is accomplished by structuring the portfolio so that securities mature to meet cash requirements for ongoing operations. Investments shall be managed to avoid, but not prohibit, sale of securities before their maturities to meet foreseeable cash flow requirements. Since all possible cash needs cannot be anticipated, the portfolio must consist largely of securities with active secondary or resale markets. 4. Return on Investment: The investment portfolio will be designed with the objective of maximizing the rate of return on investment while maintaining acceptable risk levels and ensuring adequate liquidity. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. Investment pooling may be used to maximize the City’s investment income. Interest income, from pooling, will be distributed to the participating funds in proportion to each fund’s level of contribution. The Financial Officer will determine whether a security will be sold prior to maturity. The following are examples of when a security might be sold: a. A security with a declining credit rating may be sold early to minimize loss of principal; b. A security swap would improve the quality, yield, return, or maturity distribution of the portfolio; c. Liquidity needs of the portfolio require that the security be sold; or d. The Financial Officer will obtain the best rate of return on investments by taking advantage of market volatility and recognizing gains on a portion of the portfolio. 8.4 Standards of Care Page 83 of 121 Financial Policy 8 – Investments 4 1. Prudence: The City has a fiduciary responsibility to protect the assets of the City and to invest funds appropriately. The standard of care to be used by City officials is the “prudent person” rule as specified by CRS 15-1-304, which reads: “Standard for investments: In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property for the benefit of others, fiduciaries shall be required to have in mind the responsibilities which are attached to such offices and the size, nature, and needs of the estates entrusted to their care and shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the management of the property of another, not in regard to speculation but in regard to the permanent disposition of funds, considering the probable income as well as the probable safety of capital. Within the limitations of the foregoing standard, fiduciaries are authorized to acquire and retain every kind of property, real, personal, and mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures, other corporate obligations, stocks, preferred or common, securities of any open-end or closed-end management type investment company or investment trust, and participations in common trust funds, which men of prudence, discretion, and intelligence would acquire or retain for the account of another.” The Financial Officer and designees, acting within the guidelines of this investment policy and written procedures, the City Charter and Code, all applicable state and federal laws and after exercising due diligence, will not be held personally liable and will be relieved or personal responsibility for an individual security’s credit risk or market price changes, or for losses incurred as a result of specific investment transactions or strategies. (CRS 24-75-601.4, et seq.) 2. Ethics and Conflicts of Interest: City officers and employees involved in the investment process will refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials must disclose any material interests in financial institutions with which they conduct business. They must further disclose any personal financial and investment positions that could be related to the performance of the City’s investment portfolio. In addition they must adhere to the rules of conflicts of interest as stated in Art. IV, Section 9(b) of the Charter of the City of Fort Collins, Colorado. Page 84 of 121 Financial Policy 8 – Investments 5 3. Delegation of Authority: The City Charter assigns the responsibility for the collection and investment of all city funds to the Financial Officer, subject to direction from Council by ordinance or resolution. The Financial Officer, subject to City Manager approval, may appoint other members of the Finance Department to assist in the investment function. Administrative Procedures a. The Financial Officer is responsible for all investment decisions and activities, and must regulate the activities of subordinate employees for the operation of the City’s investment program consistent with this investment policy. b. No person may engage in an investment transaction except as provided under the terms of this Investment Policy and the procedures established by the Financial Officer. A. Authorized Designees a. The Financial Officer will maintain a list of individuals and institutions that are authorized to transfer, purchase, sell and wire securities or funds on behalf of the City. b. This list will be provided to the securities broker or dealer or financial institution prior to the City conducting any investment transactions with the institution. B. Investment Advisors a. The Financial Officer has the discretion to appoint one or more investment advisors, registered with the Securities and Exchange Commission under the Investment Advisors Act of 1940, to assist in the management of all or a portion of the City’s investment portfolio. b. All investments made through such investment advisors shall be within the guidelines of this Investment Policy. 4. Investment Committee: The Investment Committee consists of the Financial Officer and at least 2 other employees of the City that are knowledgeable in the area of governmental investments. The Investment Committee, at the discretion of the Financial Officer, may also include up to 2 private sector investment or banking professionals. The purpose of the Investment Committee shall be to provide advice to the Financial Officer regarding the operation of the investment program. 8.5 Safekeeping and Custody Page 85 of 121 Financial Policy 8 – Investments 6 1. Authorized Securities Brokers and Dealers and Financial institutions A. The Financial Officer will maintain a list of financial institutions authorized to provide investment services. The Financial Officer will also maintain a list of approved securities brokers and dealers. This list may include “primary” dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1. B. All financial institutions and securities brokers and dealers who wish to provide investment services to the City must supply the following (as appropriate): a. Current audited financial statements; b. Completed securities broker and dealer questionnaire; c. Proof of National Association of Securities Dealers certification and registration in the State of Colorado; and d. Certification of their review, understanding and agreement to comply with the City’s Investment Policy. C. If a financial institution or securities broker or dealer wishes to enter into a repurchase agreement with the city, the institution must sign a Master Repurchase Agreement approved as to form and content by the City Attorney’s Office. D. The Financial Officer must conduct an annual review of the financial condition of authorized financial institutions and securities brokers and dealers. E. Investment transactions must be executed with an authorized financial institution or securities broker or dealer except in the following circumstances: a. Commercial paper, banker acceptances and guaranteed investment contracts may be purchased and sold directly from the issuer; b. Mutual funds and money market funds may be purchased, sold and held directly with the funds; c. Investments in local government investment pools may be transacted directly with the pool; and d. Bond refunding and lease escrow agreements will be executed as provided in the bond and lease documents. F. The Financial Officer will establish a safekeeping agreement with an approved financial institution to act as a third party custodian. Investment securities will be held for the City by the custodian. When applicable, the Financial Officer shall establish a separate securities lending agreement with the custodian bank. The selection of the City’s primary depository Page 86 of 121 Financial Policy 8 – Investments 7 and primary custodian will be made through the City’s competitive Request for Proposals process. 2. Delivery versus Payment: All trades will be executed by delivery versus payment to ensure that securities are deposited in an eligible financial institution prior to the release of funds. Securities will be held by the City’s third-party custodian as evidenced by safekeeping receipts. 3. Internal Controls: The Financial Officer is responsible for establishing and maintaining an internal control structure designed to provide reasonable assurance that the assets of the city are protected from loss, theft or misuse. 8.6 Suitable and Authorized Investments As a home rule city, the City may adopt a list of acceptable investment instruments differing from those outlined in CRS 24-75-601.1. Pursuant to Article V of the City’s Charter the Council has adopted the following Ordinances and Resolutions establishing the framework under which the Financial Officer must conduct his duties: Ordinance 90, 1993; Ordinance 108, 1988, Resolution 85-134; and Resolution 82-70. Council may adopt additional Ordinances or Resolutions that require modification of these investment tools. 1. Eligible Investments: City funds may be invested in the following: A. Any securities now or hereafter designed as legal investment for municipalities in any applicable statute of the State of Colorado; B. Interest-bearing accounts or time certificates of deposit, including collateralized certificates of deposit and certificates of deposit through the Account Registry Service, of financial institutions designated as depositories for public moneys by the State of Colorado; C. United States Treasury obligations for which the full faith and credit of the United States are pledged for payment of principal and interest. Such securities will include but not be limited to: Treasury bills, Treasury notes, Treasury bond and Treasury strips with maturities not exceeding five years from the date of purchase; D. Obligations issued by any United States government-sponsored agency or instrumentality. Maturities may not exceed five years from the date of purchase; E. Obligations issued by or on behalf of the City; F. Obligations issued by or on behalf of any state of the United States, political subdivision, agency, or instrumentality thereof. At the time of Page 87 of 121 Financial Policy 8 – Investments 8 purchase the obligation shall have an investment grade rating of not less than AA- from Standard & Poor’s, Aa3 from Moody’s Investors Service or AA- from Fitch Ratings Service. The ratings must be not less than above for all agencies rating the debt, no split ratings are allowed;; G. Prime-rated bankers acceptances with a maturity not exceeding six months from the date of purchase, issued by a state or national bank which has a combined capital and surplus of at least 250 million dollars, whose deposits are insured by the FDIC and whose senior long-term debt is rated at the time of purchase at least AA- by Standard and Poor’s, Aa3 by Moody’s Investors Service, or AA- by Fitch Ratings Service. The ratings must be not less than above for all agencies rating the debt, no split ratings are allowed; H. U.S. dollar denominated corporate notes or bank debentures. Authorized corporate bonds shall be U.S. dollar denominated, and limited to corporations organized and operated within the United States with a net worth in excess of 250 million dollars. At the time of purchase the debenture or corporate note shall have an investment grade rating of not less than AA- from Standard & Poor’s, Aa3 from Moody’s Investors Service or AA- from Fitch Ratings Service. The ratings must be not less than above for all agencies rating the debt, no split ratings are allowed; I. Prime-rated commercial paper with a maturity not exceeding six months issued by U.S. corporations. At the time of purchase the paper shall be rated A1 by Standard and Poor’s and P1 by Moody’s Investors Service. If the commercial paper issuer has senior debt outstanding, the senior debt must be rated at the time of purchase at least AA- by Standard and Poor’s or Aa3 by Moody’s Investors Service; J. Guaranteed investment contracts of domestically-regulated insurance companies having a claims-paying ability rating of AA- or better from Standard & Poor’s at the time of purchase; K. Repurchase and reverse repurchase agreements. The structure of the agreements (including margin ratios and collateralization) shall be contained in the Master Repurchase Agreements. Repurchase agreements shall include but are not limited to delivery-versus-payment, tri-party and flexible repurchase agreements; L. Local government investment pools authorized under the laws of the State of Colorado with a rating of AAAm; and M. Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of dollar denominated securities. 2. Repurchase Agreements Page 88 of 121 Financial Policy 8 – Investments 9 A. Before any repurchase agreements shall be executed with an authorized securities broker or dealer or financial institution, a Master Repurchase Agreement approved as to form and content by the City Attorney’s Office must be signed between the City and the securities broker or dealer or financial institution. B. The Financial Officer will maintain a file of all Master Repurchase Agreements. C. In addition to the straight forward repurchase agreement, wherein the financial institution or securities broker or dealer delivers the collateral versus payment to the City’s custodian for a fixed term at a fixed rate, the City may enter into other types of repurchase agreements which may include but not be limited to flexible repurchase agreements, tri-party agreements and reverse repurchase agreements. D. Repurchase agreements must be collateralized as provided in individually executed Master Repurchase Agreements at a minimum of 102 percent. E. Zero coupon instruments will not be accepted as collateral. F. The collateralized securities of the repurchase agreement can include but are not limited to: U.S Treasuries, Collateralized Mortgage Obligations or Agency securities. 8.7 Suitable and Authorized InvestmentsDiversification and Liquidity 1. Diversification and Asset Allocation: It is the intent of the City to diversify its investment portfolio. Investments shall be diversified to eliminate the risk of loss resulting from over-concentration of assets in a specific maturity, issuer or class of securities. Diversification strategies and guidelines shall be determined and revised periodically by the Financial Officer. The investments may be diversified by: A. Limiting investments to avoid over-concentration in securities from a specific issuer or business sector (excluding U.S. Treasury securities); B. Limiting investment in securities that have higher credit risks; C. Investing in securities with varying maturities; and D. Maintaining a portion of the portfolio in readily available funds such as local government investment pools, money market funds or short term repurchase agreements to ensure that City liquidity needs are met. Page 89 of 121 Financial Policy 8 – Investments 10 The maximum investment allowable for each investment category as a percentage of the entire portfolio is as follows (excluding collateral for repurchase agreements): CASH AND CASH EQUIVALENTS (INCLUDING LGIP) ......................... 100% TREASURY SECURITIES ................................................................................. 90% GOVERNMENT-SPONSORED AGENCY SECURITIES .............................. 90% REPURCHASE AGREEMENTS ....................................................................... 70% CORPORATE NOTES OR BONDS* ............................................................... 40% BANK DEBENTURES*...................................................................................... 25% COMMERCIAL PAPER* ................................................................................... 25% BANKER’S ACCEPTANCES* ........................................................................... 25% LOCAL GOVERNMENT INVESTMENT POOLS .......................................... 20% MONEY MARKET FUNDS AND MUTUAL FUNDS ............................................................................. 15% CD ACCOUNT REGISTRY SERVICE (MAXIMUM 50 MILLION). ..................................................................... 15% CERTIFICATES OF DEPOSIT ......................................................................... 15% GUARANTEED INVESTMENT CONTRACTS ................................................ 5% * A maximum of 10 percent of the portfolio may be invested in any one provider or issuer. 2. Investment Maturity and Liquidity A. A portion of the portfolio should be continuously invested in readily available funds such as local government investment pools, money market funds, or short-term repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing obligations. The City must at all times maintain 5 percent of its operating investment portfolio in instruments maturing in 120 days or less. B. Reserved funds may be invested in securities exceeding 5 years if the maturities of such investments are made to coincide as closely as possible with the expected use of funds. C. The weighted average final maturity limitation of the total portfolio, excluding pension funds and long-term reserve funds, will not exceed 3 years. D. The City may collateralize repurchase agreements with longer-dated investments, final maturity not to exceed 30 years. Page 90 of 121 Financial Policy 8 – Investments 11 8.8 Inter-agency Loan Program 8. Purpose: The purpose of the Inter-agency loan program is to support City services, missions, and values by making loans to outside entities such as the Urban Renewal Authority and the Downtown Development Authority while maintaining an adequate rate of return for the City. 2. Eligible Applicants: The following are examples of situations in which City loans to outside agencies may be appropriate: H. An entity that was created wholly or in part by the City and is in a fledgling stage and does not yet have an established credit history to access the capital markets. Examples include the Urban Renewal Authority, etc. H. An entity related to the City desires to issue debt that will be repaid over a timeframe that would be unrealistic for a private lender. Examples include bonds issued by the Downtown Development Authority for less than 10 years. H. Any other situation in which the Council deems it appropriate to meet the financing needs of an entity that is engaged in services that support the mission and values of the City. 8. Program Guidelines: H. The borrowing entity must have approval from its governing body. H. The loan must be evidenced by a promissory note. H. There must be a reasonable probability of repayment of the loan from an identifiable source such as TIF revenues. H. The interest rate assigned to the loan must be the higher of the Treasury Note or Municipal Bond of similar duration (3 year, 5 year, etc.), plus 0.5%, subject to the following minimum (floor). FLOOR - Minimum Loan Rates Term Rate 0 – 5 years 2.75% 6 – 10 years 3.25% 11 – 15 years 3.75% Page 91 of 121 Financial Policy 8 – Investments 12 16 – 25 years 4.00% H. The loans must be limited to 25 years. H. City Council must review the request and approve the amount and terms and conditions of the loan. H. Loans of Utility reserves must be reviewed by either the Energy Board or Water Board in advance of City Council consideration, and must meet the following additional criteria: zz. the City Council must make a formal finding that the funds will not be needed for utility purposes during the term of the loan, and that the terms and conditions of the loan represent a reasonable rate of return to the Utility; and aaa. utility rates must not be increased for the purposes of funding the loan. 8. Limit on Funds available for Loan Program H. Governmental Funds: Total loans shall not exceed 25% of the aggregate cash and investments balance of the governmental funds (i.e., General Fund and Special Revenue Funds). H. Enterprise Funds: Total loans shall not exceed 5% of the aggregate cash and investments balance in the enterprise funds (i.e. Utility Funds and Golf Fund). H. Operating and capital needs of the loaning funds shall not be significantly impaired by these loans. H. Loans should not impact the loaning funds compliance with minimum fund balance policies, timing of intended uses, etc. 8.638.8 Reporting 1. Methods: The Financial Officer will prepare an investment report on a quarterly basis. In addition, a comprehensive investment report may be published on the City’s website on an annual basis. All investment reports will be submitted in a timely manner to the City Manager. 2. Performance Standards: The investment portfolio will be managed in accordance with the parameters specified within this Investment Policy. The Page 92 of 121 Financial Policy 8 – Investments 13 Financial Officer will establish a benchmark yield for the City’s investments equal to the average yield on the U.S. Treasury security which most closely corresponds to the portfolio’s actual weighted average maturity. In order to determine the actual rate of return on any portion of the portfolio managed by an investment advisor, the Financial Officer must include all of the advisor’s expenses and fees in the computation of the rate of return. 3. Marking to Market: The market value of the portfolio will be calculated at least quarterly and a statement of the market value will be included in the quarterly investment report. 8.648.9 Policy Adoption This Investment Policy will be reviewed at least every threetwo years by the Investment Committee, City Manager and the Financial Officer and may be amended by Council as conditions warrant. The Investment Policy may be adopted by Resolution of the Council. Page 93 of 121 Financial Policy 8 – Investments 14 Definitions Agency: A bond, issued by a U.S. government-sponsored agency. The offerings of these agencies are backed by the U.S. government, but not guaranteed by the government since the agencies are private entities. Such agencies have been set up in order to allow certain groups of people to access low cost financing, especially students and first-time home buyers. Some prominent issuers of agency bonds are Student Loan Marketing Association (Sallie Mae), Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac). Agency bonds are usually exempt from state and local taxes, but not federal tax. Average Life: The length of time that will pass before one-half of a debt obligation has been retired. Bankers’ Acceptance: A short-term credit investment which is created by a non-financial firm and whose payment is guaranteed by a bank. Often used in importing and exporting, and as a money market fund investment. Benchmark: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments. Book Value: The value at which a security is carried on the inventory lists or other financial records of an investor. The book value may differ significantly from the security’s current value in the market. Broker: An individual who brings buyers and sellers together for a commission. Cash Sale/Purchase: A transaction which calls for delivery and payment of securities on the same day that the transaction is initiated. Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate. Collateralization: Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Commercial Paper: An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. Coupon Rate: The annual rate of interest received by an investor from the issuer of certain types of fixed- income securities. Also know as the “interest rate”. Credit Quality: The measurement of the financial strength of a bond issuer. This measurement helps an investor to understand an issuer’s ability to make timely interest payments and repay the loan principal upon maturity. Generally, the higher the credit quality of a bond issuer, the lower the interest rate paid by the issuer because the risk of default is lower. Credit quality ratings are provided by nationally recognized rating agencies. Page 94 of 121 Financial Policy 8 – Investments 15 Credit Risk: The risk to an investor that an issuer will default on the payment of interest and/or principal on a security. Current Yield (Current Return): A yield calculation determined by dividing the annual interest received on a security by the current market price of that security. Debenture: A bond secured only by the general credit of the issuer. Delivery versus Payment (DVP): A type of securities transaction in which the purchaser pays for the securities when they are delivered either to the purchaser or to their custodian. Diversification: A process of investing assets among a range of security types by sector, maturity, and quality rating. Duration: A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables: term to maturity, coupon rate and yield to maturity. The duration of a security is a useful indicator of its price volatility for given changes in interest rates. Federal Deposit Insurance Corporation (FDIC): A federal agency that insures deposits in member banks and thrifts up to $100,000 ($250,000 through 12/31/2013). Federal Funds: Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements. These depository institutions may lend fed funds to each other overnight or on a longer basis. They may also transfer funds among each other on a same-day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds. Federal Funds Rate: The interest rate that banks charge each other for the use of Federal funds. Government Securities: An obligation of the U.S. government, backed by the full faith and credit of the government. These securities are regarded as the highest quality of investment securities available in the U.S. securities market. Green Investments: Mutual funds that are considered “ethical investments.” These funds screen companies to ensure that they have sound environmental practices such as: maintaining or improving the environment, industrial relations, racial equality, community involvement, education, training, healthcare and various other environmental criteria. Negative screens include but are not limited to: alcohol, gambling, tobacco, irresponsible marketing, armaments, pornography, and animal rights. Interest Rate Risk: The risk associated with declines or rises in interest rates which cause an investment in a fixed-income security to increase or decrease in value. Investment-grade Obligations: An investment instrument suitable for purchase by institutional investors under the prudent person rule. Investment-grade is restricted to those obligations rated BBB or higher by a rating agency. Page 95 of 121 Financial Policy 8 – Investments 16 Liquidity: An asset that can be converted easily and quickly into cash without a substantial loss of value. Local Government Investment Pool (LGIP): An investment by local governments in which their money is pooled as a method for managing local funds. Mark-to-Market: The process whereby the book value or collateral value of a security is adjusted to reflect its current market value. Market Value: Current market price of a security. Master Repurchase Agreement: A written contract covering all future transactions between the parties to repurchase and reverse repurchase. Establishes each party’s rights in the transaction. Maturity: The date on which payment of a financial obligation is due. The final state maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. Money Market Mutual Fund: Mutual funds that invest solely in money market instruments (short-term debt instruments, such as Treasury bills, commercial paper, bankers’ acceptances, repurchase agreements, and federal funds). Mutual Fund: An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the investment company Act of 1940 and must abide by the Securities and Exchange Commission (SEC) disclosure guidelines. National Association of Securities Dealers (NASD): A self-regulatory organization of brokers and dealers in the over-the-counter securities business. Its regulatory mandate includes authority over firms that distribute mutual fund shares as well as other securities. Net Asset Value: The market value of one share of an investment company, such as a mutual fund. This figure is calculated by totaling a fund’s assets which includes securities, cash, and any accrued earnings, subtracting this from the fund’s liabilities and dividing this total by the number of shares outstanding. This is calculated once a day based on the closing price for each security in the fund’s portfolio. No Load Fund: A mutual fund which does not levy a sales charge on the purchase of its shares. Portfolio: Collection of securities held by an investor. Primary Dealer: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Real Estate Investment Trust (REIT): A company that buys, develops, manages and sells real estate assets. Allows participants to invest in a professionally managed portfolio of real-estate properties. The main function is to pass profits on to investors; business activities are generally restricted to generation of property rental income. Page 96 of 121 Financial Policy 8 – Investments 17 Repurchase Agreement (Repo): An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. Reverse Repurchase Agreement: An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement of the first party to resell the securities at a specified price to the second party on demand or at a specified date. Rule 2a-7 of the Investment Company Act: Applies to all money market mutual funds and mandates such funds to maintain certain standards, including a 13-month maturity limit and a 90-day average maturity on investments, to help maintain a constant net asset value of one dollar ($1.00). Securities and Exchange Commission (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation. Total Return: The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain time period. (Price Appreciation) + (Dividends Paid) + (Capital Gains) = Total Return Treasury Bills: Short-term U.S. government non-interest bearing debt securities with maturities of no longer than one year. Treasury Bonds: Long-term U.S. government debt securities with maturities of more than ten years. Currently, the longest outstanding maturity is 30 years. Treasury Notes: Intermediate U.S. government debt securities with maturities of two to ten years. Tri-party Repurchase Agreement: In a “normal repurchase” transaction there are two parties, the buyer and the seller. A tri-party repurchase agreement adds a custodian as the third party to act as an impartial entity to the repurchase transaction to administer the agreement and to relieve the buyer and seller of many administrative details. Weighted Average Maturity (WAM): The average maturity of all the securities that comprise a portfolio. Yield: The current rate of return on an investment security. Generally expressed as a percentage of the security’s current price. Yield Curve: A graphical representation that depicts the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity. A normal yield curve may be alternatively referred to as a positive yield curve. Yield-to-Maturity: The rate of return yielded by a debt security held to maturity when both interest payments and the investor’s potential capital gain or loss are included in the calculation of return. Zero-Coupon Securities: A security that is issued at a discount and makes no periodic interest payments. The rate of return consists of a gradual accretion of the principal of the security and is payable at par upon maturity. Page 97 of 121 Page 98 of 121 1 COUNCIL FINANCE COMMITTEE AGENDA ITEM SUMMARY Staff: Ginny Sawyer, Sr. Project Manager Jennifer Poznanovic, Sr. Revenue Manager Date: January 6, 2022 SUBJECT FOR DISCUSSION Consideration of Sustainable Funding Sources EXECUTIVE SUMMARY The purpose of this item is to begin solidifying specific identified revenue needs and exploring multiple potential funding options. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What questions does Council Finance Committee have on the identified revenue needs? 2. What questions does Council Finance Committee have on potential revenue sources? 3. Does Council Finance Committee agree with staff proposed next steps? BACKGROUND/DISCUSSION Through masterplan processes, staff has identified three clear funding needs in the areas of parks and recreation, transit, and housing. Annual shortfalls range from eight to twelve million per area. Parks and recreation and transit have specific operational plans and a focus on asset management while housing continues to be a top Council and community priority. Staff is working to develop a full workplan that will include on-going Council Finance meetings, work sessions with the full Council, community engagement, and ultimate implementation of means and methods to address revenue needs. The following bullets highlight workplan considerations: • Clearly define and articulate revenue needs and level of service considerations • Thoroughly research funding options including impacts and the context of existing and potential new tax measures (local and regionally) • Recognize and work within the desire to keep overall tax burden as low as possible • Currently, assuming dedicated tax renewals will target November 2024 election Identified Revenue Needs The revenue needs identified through plans and highlighted below reflects amounts needed to achieve all plan goals. Specific priorities and service level trade-offs can be further identified at future meetings. Page 99 of 121 2 Parks and Recreation Parks and Recreation Funding - Current State Existing Funding ($M) Operations & Maintenance Life Cycle Replacement Minor Refresh Parks (Majority General Fund) $12.3 $0.5 Recreation (Program Revenue & General Fund) $11.3 Total $23.6 $0.5 $0.0 Estimation of Funding Need – What is the gap? The master plan estimates the total annual need for parks and recreation is $36.2 million, with the gap between current funding levels and the annual funding of $12.1 million. The gap for parks is primarily in Life Cycle Replacement and Minor Refresh, while Recreation needs are primarily in Minor Refresh. Needed Funding ($M) Operations & Maintenance Life Cycle Replacement Minor Refresh Parks $13.3 $6.0 $2.7 Mini Parks $0.2 Plazas $0.1 Urban Parks Neighborhood Parks $0.5 $2.0 Schoolside Parks $1.0 $0.5 Community Parks $3.9 Special Use Parks $0.5 Recreation $11.3 $0.1 $2.2 Planting Refresh $0.6 Total $24.6 $6.1 $5.5 Funding Gap ($M) Operations & Maintenance Life Cycle Replacement Minor Refresh Parks $1.0 $5.5 $2.7 Recreation $0.0 $0.1 $2.2 Planting Refresh $0.6 Total $1.0 $5.6 $5.5 What would the revenue be used for? Expanding the lifecycle replacement program to keep pace with needs to provide equitable parks experiences. This would be accomplished by performing critical maintenance and repair of existing assets when regular maintenance can no longer keep them in a good state of repair, including to address safety and ADA improvements. Investing in Minor Refresh to expand the usability of existing parks and ensure existing recreation facilities meet service standards and respond to changing user needs. This would be accomplished by strategic changes to existing assets, such as adding features such as play fields, shade structures, adult fitness equipment, covered picnic shelters, and trail loops to extend recreation opportunities. Page 100 of 121 3 Transit Transit Budget - Current State Amount: The 2019 operational budget for Transit was approx. $17.5M. • Local match funding sources include: the fares/fees, investment earnings, other intergovernmental reimbursements & other smaller miscellaneous revenue sources. • Estimates for future operation needs assume a 25% federal match. Capital Projects • Amounts for capital projects vary widely year over year • The minimum federal match is 80/20 (grant/local) • Recent federal communication has indicated that future successful grant applicants will have higher local match amounts • Estimates for future capital needs assume a 50% federal match • Total anticipated expenditure for the TMP is $270M - $308M. At 50% grant match, this results in an additional local match need of $135M - $154M or $7.7M annually over twenty years. Estimation of Funding Need – What is the gap? Staff estimates the gap between current funding levels and the annual funding need to average $7.7M annually in capital project needs over the next twenty years. At the conclusion of twenty years, an additional annual need of $9.8M for operations and maintenance is anticipated. Assuming an average need of approximately $9.8M over the next twenty years, allows for the anticipated total capital expenditure of approximately $154M in local funds and a corresponding incremental increase to the additional operational need of $9.8M annually. Type Assumed federal support Timeline Est. local new funding need Type Capital 50% Over 20 years $7.7 million annually One-time Investment Operational 25% Slow build to 20- year total $9.8 million annually in 20 years Ongoing investment What would the revenue be used for? Capital Projects & Fleet Improvements to construct 3-4 BRT routes, build electrification charging infrastructure, purchase electric busses, and build mobility hubs. Operations & Maintenance Expansion to provide double the annual service hours, operate high frequency routes, & operate new routes such as the 3-4 additional BRT routes. Operational Budget Funding Sources Est. Amount Federal ~ $4.3M State ~ $200K CSU Contract ~ $2.1M Local Funding ~ $10.9M Total $17.5M Page 101 of 121 4 Housing Affordable Housing Funding - Current State Amount: $1.5-3 million in funding annually. 2022 Revenue sources and amounts: • Typically one cycle per year to allocate AHF, CDBG, HOME dollars. A second round is possible if 500k or more remains un-allocated after the first round. This is not typical – often the number and amount of funding requests exceed the available funding. • AHCF/CCIP used for fee relief and direct subsidy on an as-needed basis (e.g. Oak 140, Cadence) • Funding history for AHF, CDBG and HOME: https://www.fcgov.com/socialsustainability/funding Funding guidelines: • Leverage funding alongside resources from tax credits, private investment, etc. Leverage ratio is often 1:10 or better (i.e. 1 City funding dollar to every 10 outside dollars) • Focus direct investment on the lowest income levels, higher priority to projects serving lower AMI (for example, permanent supportive housing for residents making 0-30% AMI) Estimation of Funding Need – What is the gap? Staff estimates the gap between current funding levels and the annual funding need to be $8-9.5 million annually. Accounting for the expiration of the CCIP tax in 2025 ($500k) increases this gap to $8.5-10 million annually in additional revenue needed, or $10-11.5 million total annual funding. Current funding levels (low/high) Expected affordable housing production with current funding (current funding/$39,000) Gap (282 units per year – expected production) Est. funding need (gap x $39,000) $1.5 million 38 units 244 $9.5 million $3 million 77 units 205 $8 million The City is also about 700 units behind in affordable housing production from 2015-2020. This calculates to approximately $27 million in deferred funding. What would the revenue be used for? Expanding the current competitive process to support projects seeking to: acquire land, develop housing, preserve existing housing, support residents (tenants/owners). Expanding or initiating additional City-led efforts such as: acquiring land bank properties, extending affordability restrictions, expanding eligibility for fee credits, freezing development fees for qualifying projects, creating incentive programs (energy efficiency, affordable housing preservation, etc.), other innovative approaches (middle income, mixed income, etc.). Source Est. Amount Affordable Housing Fund (AHF) $1,000,000 HOME (Federal) $725,000 CDBG (Federal) $750,000 Affordable Housing Capital Fund (AHCF/CCIP) $500,000 Total $2,975,000 Page 102 of 121 5 Potential Revenue Options Numerous potential revenue sources are listed below. Identifying long-term revenue for identified needs will likely involve numerous and diverse funding mechanisms. Staff has started the work of estimating revenue projections and identifying community impacts and we anticipate many more questions and research as options are vetted both individually and in the context of others. Per City Code, Capital Expansion Fees (CEFs) are for the purpose of funding capital improvements required to address the impact of growth as the city's population increases. They are intended to ensure that new growth and development in the city bear a proportionate share of the capital expenditures necessary to provide community parkland, police, fire protection, general government, neighborhood parkland and transportation capital improvements to address the impacts of growth. Pursuing changes to CEFs will require work with the City Attorney’s Office. In addition, the imposition and calculation of CEFs, as impact fees, are legally constrained by certain constitutional and statutory requirements and limitations. Timeline Below is the current timeline for Council Meetings along with potential election opportunities: Proposed Next Steps The staff project team will meet on a regular schedule throughout 2022. Council touchpoints will include regular updates at Council Finance and a work session in quarter two of 2022. Initial timeline management considerations: • If any measure on November 2022 ballot: Page 103 of 121 6 o Last day to refer to ballot September 6 o January-July 2022: option development and public engagement • If any measure on November 2023 ballot: o Last day to refer to ballot – September 5 o January-July 2023: option development and public engagement • If 2024 dedicated tax renewal: o Last day to refer to ballot – Sept 6 o January-July 2024: option development and public engagement ATTACHMENTS (numbered Attachment 1, 2, 3,…) 1. Consideration of New Revenue Sources (PPT) 2. Additional Parks and Recreation, Transit and Housing detail 3. Additional Climate detail Page 104 of 121 Consideration of Sustainable Funding Sources 01-06-2022 Travis Storin, Ginny Sawyer & Jennifer Poznanovic Page 105 of 121 2Purpose Begin solidifying specific identified revenue needs and exploring multiple potential funding options. 1.What questions does Council Finance Committee have on the identified revenue needs? 2.What questions does Council Finance Committee have on potential revenue sources? 3.Does Council Finance Committee agree with staff proposed next steps? Page 106 of 121 3Background Revenue needs identified through master plans: PARKS & RECREATION -$12M annual shortfall (Parks & Recreation Master Plan) TRANSIT -$8M to $10M annual shortfall (Transit Master Plan) HOUSING -$8M to $9.5M annual shortfall (Housing Strategic Plan) Page 107 of 121 4Parks and Recreation -$12.1M This level of funding achieves the vision of providing equitable access to parks and recreation experiences, by keeping pace with lifecycle and minor refresh needs Operations and Maintenance - The daily tasks needed to keep parks and recreation facilities running and minor repairs to capital assets to keep them in a good state of repair Life Cycle Replacement (Capital) - Critical maintenance or repair of existing assets •Typically require one-time funding and are not likely to increase annual operations and maintenance costs • Can reduce annual operations and maintenance costs Minor Refresh (Capital) -Minor refreshes include strategic changes to existing parks or recreation facilities •May include a refresh of plantings or other design elements •Typically require one-time funding and may trigger increases in annual operations and maintenance costs Funding Gap ($M) Operations & Maintenance Life Cycle Replacement Minor Refresh Parks $1.0 $5.5 $2.7 Recreation $0.0 $0.1 $2.2 Planting Refresh $0.6 Total $1.0 $5.6 $5.5 Page 108 of 121 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 Base Funding Operations - Local Match Capital Project - Local Match Additional Anticipated Federal Funds Current Level of Funding New Level of Funding ~$17.5M (2019 operating budget) ~$8M -$10M 5Transit -$8M to $10M This level of funding achieves the vision and policies for expanding the transit system according to current and future demand •The area between the lines represents new funds needed to build & operate the TMP •A significant amount of federal grant funding is anticipated: current assumed matches range from 80/20 to 50/50 (grant/local) •Capital projects will be the initial focus with service levels increasing as capital projects are completed •Some service level increase is anticipated due to population growth, higher frequency routes, and route extension Page 109 of 121 6Housing -$8M to $9.5M City goal to achieve 10% of housing stock as affordable by 2040 (Currently at 5%) •City provides between $1.5 million to $3 million in direct subsidy funding annually •Assume $39,000 investment yields one unit of affordable housing, the estimated annual funding need for affordable housing is $10-11.5 million per year •$8-9.5 million above current levels Page 110 of 121 7Potential Revenue Options Option Annual Revenue Projection Voter approval Stakeholder Impact 1 Special districts (Library District Mill Levy 3.0)$11M+Yes Business, Resident 2 Property tax (Library District Mill Levy 3.0)$11M+Yes Business, Resident 3 ¼ cent sales tax base rate increase $9M+Yes Resident, Visitor 4 ¼ cent dedicated sales tax $9M+Yes Resident, Visitor 5 Repurpose ¼ cent dedicated tax $9M+Yes Resident, Visitor 6 Business occupational privilege tax ($4 monthly/$48 annually)$4M+Yes Business 7 Fees (parks, transit) ($5 monthly fee/ $60 annually)$4M No Resident 8 Excise tax on specific goods $4M Yes Resident, Visitor 9 Reconfigure or establish new capital expansion fees (Affordable housing)$2M No Business 10 Tax on services (i.e. haircuts, vet service, financial services, etc.)TBD Yes Business, Visitor 11 Carbon Tax $2M Yes Business Page 111 of 121 8Timeline and Considerations Project Team •Continue project team meetings on regular basis •Develop project and engagement plan •Further research into impacts, timing, and questions •Standing item on Council Finance Agenda •Review project team work and findings •Bi-monthly agenda item •Council Work Session in Q2 2022 •April 12th Timing Considerations November 2022 ballot: -last day to refer September 6th November 2023 ballot: -last day to refer September 5th November 2024 ballot: -last day to refer September 6th Page 112 of 121 9Purpose Begin solidifying specific identified revenue needs and exploring multiple potential funding options. 1.What questions does Council Finance Committee have on the identified revenue needs? 2.What questions does Council Finance Committee have on potential revenue sources? 3.Does Council Finance Committee agree with staff proposed next steps? Page 113 of 121 Page 114 of 121 1 Additional Information on Identified Revenue Needs The revenue needs identified through plans and highlighted below reflects amounts needed to achieve all plan goals. Specific priorities and service level trade-offs can be further identified at future meetings. Parks and Recreation The Parks and Recreation Master Plan was adopted on January 19, 2021, and incorporated a year of extensive staff, community, and stakeholder participation. The funding section of the plan features a primary goal to enhance the financial sustainability of Parks and Recreation. While existing operations and maintenance budgets are close to what is needed, there are no dedicated funding sources for capital investment. The funding gap identified in the plan is captured in the table below: Chart above demonstrates annual needs to achieve the goals outlined in the Master Plan of providing equitable access to parks and recreational experiences. Operations and Maintenance - $1M Annual Gap - The daily tasks needed to keep parks and recreation facilities running and minor repairs to capital assets to keep them in a good state of repair. • This is the smallest portion of need, current funding levels are close to sufficient, but this will need to be monitored as additional parks come online and expand the portfolio for O&M. Life Cycle Replacement (Capital) - $5.6M Annual Gap - Includes critical maintenance projects or repair of existing assets when regular maintenance can no longer keep them in a good state of repair, and safety and ADA (Americans with Disabilities Act) improvements. Many of these types of improvements typically require one-time funding and are not likely to increase annual operations and maintenance costs. In many cases, these types of projects may reduce annual operations and maintenance costs. • The parks Life Cycle Program completes an average of 30 - 40 projects per year. Projects include items like: playground renovations, court asphalt repairs and replacement, minor irrigation renovations, walkway and bridge replacement, lighting upgrades, park roadway and parking lot repairs and renovations, building renovations and improvements, fencing replacement, etc. • Each year the Life Cycle Program prioritizes projects based on available funding; focusing on health and safety concerns and regulatory mandates. The program also looks for opportunities to replace outdated, resource intensive infrastructure with more sustainable infrastructure that meets current codes and best management practices. • A recent life cycle replacement project would be Golden Meadows Park, which began playground replacement in 2021. The park was originally established in 1985. Ideally playground should be replaced every 15-20 years. • A potential life cycle replacement project in recreation would be The Farm at Lee Martinez Park walkways, which were created before ADA requirements were enacted after the facility was originally established in 1985. The changes would require substantial changes to the facility. Minor Refresh (Capital) - $5.5M Annual Gap - Minor refreshes include strategic changes to existing parks or recreation facilities to better meet the unmet needs of the community, including adding features such as play fields, shade structures, adult fitness equipment, covered picnic shelters, and trail loops to extend recreation opportunities. Minor refreshes may also include a refresh of plantings or other design elements within the framework of an existing, relevant site master plan. These types of improvements typically require one-time funding and may trigger increases in annual operations and maintenance costs, depending on the nature of the improvements. • A minor refresh is appropriate when the current site master plan is still valid, but there are unmet community needs, the site is underused, a few amenities have reached the end of their usable Funding Gap ($M) Operations & Maintenance Life Cycle Replacement Minor Refresh Parks $1.0 $5.5 $2.7 Recreation $0.0 $0.1 $2.2 Planting Refresh $0.6 Total $1.0 $5.6 $5.5 Page 115 of 121 2 life, plantings need to be refreshed, or elements of the design or function need to be rethought, requiring new design thinking. • An example of a park that may be due for evaluation of a minor refresh is Rolland Moore, due to age and quantity of amenities that have been stretched beyond their useful life • This is the category where the recreation needs are more significant, as many recreation facilities are approaching 40-50 years of service and substantial re-investment is needed to maintain the facility. Lifecycle re-investments in recreation facilities will be less frequent but individually more costly due to fewer facilities but substantially more expensive items to replace. The Parks and Recreation master plan identified primary goals of providing equitable access to parks and recreational experiences. By investing in ongoing life-cycle replacements and minor refreshes, community members will experience a more consistent level of service across existing amenities, while the City minimizes costs associated with the need for a major refresh. Transit The Transit Master Plan (TMP), adopted by Council in April of 2019, outlines the vision and policies for expanding the transit system according to current and future demand. The costs over the next 20 years are significant and are not currently funded: Needed costs outlined in the plan include federal grant funding to be matched by local dollars. Based on current federal allocations, the following assumptions have been made: Capital Projects - Expect 50% Federal Match • Local need over 20 years: $7.7 million annually Operations & Maintenance - Expect 25% Federal Match • Local additional need at full build-out: $9.75 million annually It is important to note that the cost estimates outlined in the TMP were based on 2016 operating figures and assumptions. These projections did not account for the transition of the Transfort fleet from CNG to zero-emission vehicles, which have a significantly higher up-front cost, but an expected lower operating and maintenance cost over the life of the vehicle. Staff have hired a consultant to conduct a comprehensive Funding Study for Transfort, which will include: • Updated capital, operating and maintenance estimates for the 20-year span of the TMP • Identification of a preferred, dedicated and permanent funding source or sources, including extensive public outreach • Full analysis of the current fare structure and associated costs, as well as feasibility of a fare-free system The Funding Study is expected to conclude no later than quarter 4 of 2022. The TMP is an ambitious plan intended to transform mobility options throughout the City and region. This plan is also key to the City’s Climate Action Plan. Plan highlights are described in the following graphic: Page 116 of 121 3 Projects in support of the TMP, which are currently in development include, but are not limited to: • West Elizabeth Bus Rapid Transit (BRT) - This project is near completion of 30% design which will result in eligibility for Small Starts grant funding (the same program that helped complete MAX) as early as 2023, if local match can be secured. This project is currently in Project Development with the Federal Transit Administration (FTA) • North College BRT extension – A transit-oriented development (TOD) study is currently being conducted and is expected to complete in quarter two of 2022. • North Transit Maintenance Facility – Transfort has exceeded capacity at the Transit Maintenance Facility on Portner Road and further service expansion will require an additional facility. Staff are currently identifying potential locations for the new facility and will soon have a funding need to purchase this real estate. Once design is complete, staff will seek federal grant funding to build this project. • Fleet Electrification Master Plan Housing Data compiled for the Housing Strategic Plan (HSP) illustrates that the housing needs in Fort Collins are concentrated at the lower end of the income spectrum. For renters, the need is greatest at 60% AMI and below ($41,880 for a 2-person household); for owners, the need is greatest at 120% AMI and below ($83,760 for a two-person household). However, it is important to acknowledge that there are also gaps in housing supply throughout the entire housing system. City Plan estimated a housing shortage of approximately 2,000 units by 2040, assuming that growth and housing production remained relatively consistent over time. In short, housing price escalation and limited availability of housing in Fort Collins will likely continue to worsen unless we can increase the overall supply of housing while also seeking to increase the community’s inventory of deed-restricted, affordable housing. Page 117 of 121 4 In 2015, affordable housing made up 5% of the City’s housing stock. Between 2015-2019, the City and its partners added 373 new affordable homes. In 2020 and 2021, an additional 246 homes were added to the City’s affordable housing inventory. However, the total number of housing units has also increased proportionally, which means that affordable units still make up only 5% of our overall housing stock. To achieve the 10% goal by 2040, we need to increase the amount of affordable housing by 282 or more units every year. This is more than double the City’s average annual production of affordable housing. Page 118 of 121 5 While the City provides between $1.5 million to $3 million in direct subsidy funding every year, these resources are not enough to meet the affordable housing goals. The City needs about 700 additional affordable units to meet our 2020 goal of 6% of all housing being affordable. On an ongoing basis, the City’s annual affordable housing production goal is 282 units or more of affordable housing each year. Assuming that a $39,000 investment yields one unit of affordable housing, the estimated annual funding need for affordable housing is $10-11.5 million per year ($8-9.5 million above current levels). This calculation also assumes that federal subsidies for the development of affordable rental housing (Low Income Housing Tax Credits) remain steady, that there are enough tax- exempt government bonds (Private Activity Bonds, or PABs) available to support each project, and that private developers have the ability to deliver projects. The strategy section of the Housing Strategic Plan includes recommendations for new and expanded tools and funding sources to better support achieving our housing goals. Strategy 11 specifically recommends creation of a new dedicated revenue stream for affordable housing: • Revenue Options for Housing (Strategy 11 – Create a new dedicated revenue stream to fund the Affordable Housing Fund): Though Fort Collins invests $1.5-3 million into affordable housing production and preservation annually, the HSP estimates that the total annual funding need is closer to $10-11.5 million. Exploring a range of options (sales tax, impact fees, inclusionary housing fees-in-lieu, etc.) to generate consistent, dedicated, and flexible revenue for affordable housing will be a critical piece of HSP implementation. In addition, the current Community Capital Improvement Program quarter-cent sales tax that funds the Affordable Housing Capital Fund and other capital improvements will expire in 2025. Page 119 of 121 CLIMATE ACTION WHY Fort Collins’ has had ambitious climate goals since 1999, and this decade is a critical time for action as our community equitably transitions from reducing emissions 20% below 2005 levels to 80% below. While accelerating existing actions was the primary focus for achieving the 2020 goals, transformational action is required to achieve the 2030 goals in a way that is equitable and community-centered. The following sections highlight two main components: • Areas of alignment with advancing the climate goals and gaps that would remain if Council only was able to prioritize these priority funding areas. • Examples of dedicated funding sources from across that country that illustrate how other communities are funding mitigation, resilience, and equity-centered solutions. ALIGNMENT & OPPORTUNITIES WITH PRIORITY FUNDING AREAS Climate action impacts nearly every aspect of our community as evidenced by Our Climate Future engagement showing top community priorities for a sustainable Fort Collins to include Local Transit (62%), More Reuse, Recycling and Composting (54%), and More Renewable Energy (47%), but also Affordable Housing (25%) and a Healthy Natural Environment (23%). The table below illustrates how the priority funding areas advance climate action (highlighted in light blue) and additional areas of need would remain. Action Area Alignment with Climate Action PRIOTITY FUNDING AREAS Convenient Transportation Choices (Transit) - Critical Path for achieving 2030 climate goals - 23% of carbon emissions in 2020 were from transportation - Improves air quality and delivers significant equity benefits Healthy Affordable Housing - Reduces emissions by fostering 15-minute communities - Greater efficiencies advance healthier housing, a key element of the Housing Strategic Plan vision Healthy Natural Spaces (Parks) - Climate resilience benefits for individuals, community, & natural system - Reduces energy and water demands, electrifying fleet improves air quality and reduces emissions ADDITIONAL CLIMATE STRATEGIES Renewable Energy - Critical Path for 2030 climate & 100% renewable electricity goals - Around 67% of carbon emissions were from energy, mostly from buildings - Significant investments will be required to transform this sector at scale Composting - Critical Path for achieving 2030 climate and zero waste goals - Waste accounts for around 3% of the community’s carbon emissions and around half of its municipal solid waste. - Top priority of BIPOC and historically under-represented groups Priorities Beyond OCF Critical Path Strategies - Big Moves contributing substantial carbon emissions reductions (approximately half of goal) while advancing equity and resilience. - Shared Leadership & Community Partnership - Climate Resilient Community - Local, Affordable and Healthy Food - Healthy Local Economy and Jobs - Electric Cars and Fleets Page 120 of 121 EXAMPLES FROM OTHER COMMUNITIES From initial research, staff has identified almost twenty communities and institutions that are prioritizing sustainable funding solutions for climate action, with examples of the following approaches as the primary focus in this initial research: • Sales Tax • Retail Tax • Fossil Fuel Production Tax • Electricity Consumption (Carbon) Tax • Climate Bonds • Resilience Bonds The following table highlights eight examples of approaches that U.S. communities have taken: Community Funding source How much funding is generated What is funded Denver, CO Sales tax (0.25% increase on non-essentials) $20-40M/year Solutions centered in equity and climate justice that reduce emissions and enhance resilience, e.g., workforce development, carbon free buildings, transit Cincinnati, OH Sales tax (0.80%) Up to $130M/year Transit-focused ($100/$130M) Portland, OR Retail tax - clean energy community benefits fund (1% gross receipts) $44-61M/year Climate action advances racial and social justice; cost burden placed on large retailers that make >$1B in gross sales nationally Long Beach, CA Fossil fuel production tax - Barrel tax ($.15/barrel) $1.6M/year Climate, community health, and youth services Boulder, CO Electricity consumption tax (renewable exempt; rates vary by sector, driven by level of consumption) $1.8M Residential and commercial building efficiency; local renewables EV market renovation; strategy development; outreach and program evaluation Albany, CA Electricity consumption tax (increase from 7% to 9.5% tax, low-income residents exempt) $675K/year Funds disaster and emergency preparedness; reducing greenhouse gas emissions; emergency response; environmental sustainability Miami, FL Climate bonds One-time $400 million general obligation bond Intended for large-scale, capital- intensive projects; used to develop clean energy, transportation, water, and green building projects. Focused on adaptation and resilience in the face of sea level rise and more frequent and extreme storms NYC's MTA Resilience bonds Two one-time bonds, totaling $325M Reducing a city’s climate risk or liability exposure; obtaining funding for specific resilience projects; reducing the cost of insurance or expanding insurance coverage for municipal assets Page 121 of 121