Loading...
HomeMy WebLinkAbout02.17.2022 Finance Committee Agenda Packet oaf SARj SARATOGA CITY COUNCIL FINANCE COMMITTEE 956 gC1FO February 17, 2022 � RN�P 3:30 P.M. REGULAR MEETING Teleconference/Public Participation Information to Mitigate the Spread of COVID-19 This meeting will be held entirely by teleconference. All members of the Committee and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted pursuant to recent amendments to the teleconference rules required by the Ralph M. Brown Act allowing teleconferencing during a proclaimed state of emergency when local officials have recommended social distancing. The purpose of the amendments is to provide the safest environment for the public, elected officials, and staff while allowing for continued operation of the government and public participation during the COVID-19 pandemic. Members of the public can view and participate in the meeting by: 1. Using the Zoom website https://us02web.zoom.us/*/82995814145 or App Webinar ID: 829 95814145 and raising their hand to speak on an agenda item when directed by the Mayor. 2. Calling 1.669.900.6833 or 1.408.638.0968 and pressing *9 to raise their hand to speak on an agenda item when directed by the Mayor. The public will not be able to participate in the meeting in person. Members of the public can send written comments prior to the meeting by commenting online at www.saratoga.ca.us/fc prior to the start of the meeting. These emails will be provided to the members of the Council and will become part of the official record of the meeting. CALL TO ORDER ROLL CALL ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the Committee about any matter not on the agenda for this meeting for up to three (3) minutes. The law generally prohibits the Committee from discussing or taking action on such items. The Committee may choose to place the topic on a future agenda. City Council Finance Committee Agenda - February 17, 2022 Page 1 AGENDA ITEMS 1. Finance Committee Minutes Recommended Action: Review and approve the minutes for the January 14, 2022 meeting. Finance Committee Minutes 2. ARPA Funds Recommended Action: Receive staff report and US Department of Treasury- Overview of the Coronavirus State and Local Fiscal Recovery Funds Final Rule Staff Report Attachment A- Coronavirus State and Local Fiscal Recovery Funds Overview of the Final Rule 3. FY 2022-23 Operating and Capital Improvement Program Budget Process Recommended Action: Review and accept report Staff Report Attachment A- CIP Identified Projects 4. Financial Policies Recommended Action: Receive and review the report and attachments. Staff Report Attachment A- Fiscal Management Policies Attachment B - Investment Policy Attachment C - Debt Management Policy Attachment D - Community Funded Infrastructure Projects ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Gina Scott, Administrative Analyst for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council Finance Committee of the City of Saratoga was posted and available for public review on February 14, 2022, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070, and on the City's website at www.saratoga.ca.us. Signed this 141" day of February 2022 at Saratoga, California. Gina Scott, Administrative Analyst City Council Finance Committee Agenda - February 17, 2022 Page 2 In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Committee by City staff in connection with this agenda, copies of materials distributed to the Committee concurrently with the posting of the agenda, and materials distributed to the Committee by staff after the posting of the agenda are available on the City website at www.saratoga.ca.us and are available for review in the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California. In compliance with the Americans with Disabilities Act and the Governor's Executive Order, if you need assistance to participate in this meeting, please contact the City Clerk at bavrit@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety. [28 CFR 35.102-35.104 ADA title 11] City Council Finance Committee Agenda - February 17, 2022 Page 3 MINUTES SARATOGA CITY COUNCIL FINANCE COMMITTEE REGULAR MEETING JANUARY 14, 2022 CALL TO ORDER The meeting was called to order at 3:33 p.m. via Zoom. ROLL CALL Present: Mayor Tina Walia, Vice Mayor Kookie Fitzsimmons, Council Member Mary-Lynne Bernald Also Present: City ManagerJames Lindsay, Administrative Services Director Nick Pegueros, Interim Administrative Services Director Sandra Dalida, Assistant City Manager Crystal Bothelio, Administrative Analyst Gina Scott, Chavan &Associates Paul Pham ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS None AGENDA ITEMS 1 . Finance Committee Minutes Recommended Action: Review and approve the minutes for the November 18, 2021 meeting. FITZSIMMONS/WALIA MOVED TO APPROVE THE MINUTES FOR THE NOVEMBER 18, 2021 MEETING. MOTION PASSED. AYES: FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. 2. Summary Overview • Annual Comprehensive Financial Report (ACFR) • Single Audit Recommended Action: Receive verbal presentation by Chavan and Associates, LLC, the City's audit firm. Paul Pham from Chavan and Associates provided an overview of the Annual Comprehensive Report (ACFR) and Single Audit. FITZSIMMONS/WALIA MOVED TO ACCEPT THE VERBAL PRESENTATION SUMMARY OVERVIEW OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT(ACFR)AND THE SINGLE AUDIT PROCESS. MOTION PASSED. AYES: FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. ADJOURNMENT City Council Finance Committee Minutes -January 14, 2022 Page 1 The meeting was adjourned at 3:47 p.m. Minutes respectfully submitted: Gina Scott, Administrative Analyst City of Saratoga City Council Finance Committee Minutes -January 14, 2022 Page 2 SARATp�9 OFFICE OF THE CITY MANAGER Memorandum 1996 C'�LIFpRN`P To: City Council Finance Committee From: James Lindsay, City Manager Date: February 14, 2022 Subject: American Rescue Plan Act of 2021 BACKGROUND In March 2011, the American Rescue Plan Act of 2021 (ARPA) was signed into law with $350 billion made available through the State and Local Fiscal Recovery Funds (SLFRF) to assist state and local governments with pandemic related response and recovery efforts. Saratoga's ARPA/SLFRF funding allocation is $7,213,239, which will be released in two payments. The initial payment of$3,606,619 was received in July 2021 and the second payment of$3,606,620 is scheduled to be released in June 2022. The U.S. Treasury Department Final Rule released in January 2022 (Attachment A), clarified ARPA/SLFRF allowable expenditure categories, reporting requirements, and compliance guidance. Regulations indicate the following allowable categories: • Support public health expenditures by funding COVID-19 mitigation efforts, medical expenses,behavioral healthcare, and certain public health and safety staff. • Address negative economic impacts caused by the public health emergency including economic harms to workers, households, small businesses, impacted industries, and the public sector. • Invest in water, sewer, and broadband infrastructure making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet. • Replace lost public sector revenue using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic. • Provide premium pay for essential workers,offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors. It is important to note that roadway improvements are not an allowable use of ARPA/SLFRF funds. DISCUSSION I will be recommending the City Council appropriate the ARPA/SLFRF funding allocation to improve the City's aging stormwater and sanitary sewer infrastructure for this item scheduled for the March 2, 2022 regular City Council meeting. Of all the allowable categories of funding uses, I believe those improvements will benefit the community the most and help reduce maintenance expenses in the long term. The City does not have a dedicated funding source to maintain and repair our storm drain system and much of our existing infrastructure does not meet current standards required under the Clean Water Act and the City's National Pollutant Discharge Elimination System Permit. The first step towards committing the use of ARPA/SLFRF funds for stormwater and sanitary sewer improvements is to create a series of new Capital Improvement Projects in the current fiscal year. Staff is proposing the following new projects be created: • Saratoga Village Water Quality Improvements ($6.1 million) - Improvements to the City's storm drain collection and treatment systems in all Village Parking Districts to improve the quality of water discharged to Saratoga Creek. • Corporation Yard Storm Water Pollution Prevention Measures ($175,000)- Installation of a new tractor wash area, improvements to the trash collection area including new shelters and connections to the sanitary sewer system. • Prospect Road Green Infrastructure ($375,000) - Remove concrete curb and gutter along the frontage of Prospect Center. The curb and gutter will be replaced with bioswale that will filtrate runoff water from Prospect Road. • Sewer Laterals&Water Conservation Measures for Park Restrooms ($180,000) The cost of maintaining the aging sewer laterals serving the City's is increasing and the lines need to be replaced. There are also opportunities for further increase city water conservation by upgrading the fixtures in the park restrooms. Additionally, $300,000 in funding for the existing Storm Water Master Plan project can be reallocated to use ARPA/SLFRF funds freeing up Capital Reserve Funds for future projects. The City will also need to retain a compliance consultant to assist in the tracking and reporting on the use of these federal funds. The compliance costs should not exceed $20,000 per year for a total estimated cost of $80,000. The timeline established for ARPA/SLFRF funding and expenditure terms is - obligations/encumbrances must be executed by December 31, 2024, and all payments for obligations/encumbrances must be released by December 31, 2026. Attachment A ���T of A I1 l I► W **** **** .'b 1789 Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. DEPARTMENT OF THE TREASURY U.S. DEPARTMENT OF THE TREASURY The Overview of the Final Rule provides a summary of major provisions of the final rule for informational purposes and is intended as a brief,simplified user guide to the final rule provisions. The descriptions provided in this document summarize key provisions of the final rule but are non-exhaustive, do not describe all terms and conditions associated with the use of SURF, and do not describe all requirements that may apply to this funding. Any SURF funds received are also subject to the terms and conditions of the agreement entered into by Treasury and the respective jurisdiction, which incorporate the provisions of the final rule and the guidance that implements this program. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 2 0 U.S. DEPARTMENT OF THE TREASURY Contents Introduction ..................................................................................................................................................4 Overviewof the Program..............................................................................................................................6 Replacing Lost Public Sector Revenue ..........................................................................................................9 Responding to Public Health and Economic Impacts of COVID-19.............................................................12 Responding to the Public Health Emergency..........................................................................................14 Responding to Negative Economic Impacts............................................................................................16 Assistance to Households ...................................................................................................................17 Assistance to Small Businesses...........................................................................................................21 Assistance to Nonprofits.....................................................................................................................23 Aidto Impacted Industries..................................................................................................................24 PublicSector Capacity.............................................................................................................................26 Public Safety, Public Health, and Human Services Staff.....................................................................26 Government Employment and Rehiring Public Sector Staff...............................................................27 Effective Service Delivery....................................................................................................................28 CapitalExpenditures...............................................................................................................................30 Framework for Eligible Uses Beyond those Enumerated .......................................................................32 PremiumPay...............................................................................................................................................35 Water& Sewer Infrastructure ....................................................................................................................37 Broadband Infrastructure...........................................................................................................................39 Restrictionson Use.....................................................................................................................................41 ProgramAdministration .............................................................................................................................43 Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 3 0 U.S. DEPARTMENT OF THE TREASURY Introduction The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), a part of the American Rescue Plan, delivers$350 billion to state, local, and Tribal governments across the country to support their response to and recovery from the COVID-19 public health emergency.The program ensures that governments have the resources needed to: • Fight the pandemic and support families and businesses struggling with its public health and economic impacts, • Maintain vital public services, even amid declines in revenue, and • Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity. EARLY PROGRAM IMPLEMENTATION In May 2021,Treasury published the Interim final rule (IFR) describing eligible and ineligible uses of funds (as well as other program provisions), sought feedback from the public on these program rules, and began to distribute funds. The IFR went immediately into effect in May, and since then, governments have used SLFRF funds to meet their immediate pandemic response needs and begin building a strong and equitable recovery, such as through providing vaccine incentives, development of affordable housing, and construction of infrastructure to deliver safe and reliable water. As governments began to deploy this funding in their communities,Treasury carefully considered the feedback provided through its public comment process and other forums.Treasury received over 1,500 comments, participated in hundreds of meetings, and received correspondence from a wide range of governments and other stakeholders. KEY CHANGES AND CLARIFICATIONS IN THE FINAL RULE The final rule delivers broader flexibility and greater simplicity in the program, responsive to feedback in the comment process.Among other clarifications and changes,the final rule provides the features below. Replacing Lost Public Sector Revenue The final rule offers a standard allowance for revenue loss of$10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation. Recipients that select the standard allowance may use that amount—in many cases their full award—for government services, with streamlined reporting requirements. Public Health and Economic Impacts In addition to programs and services,the final rule clarifies that recipients can use funds for capital expenditures that support an eligible COVID-19 public health or economic response. For example, recipients may build certain affordable housing, childcare facilities, schools, hospitals, and other projects consistent with final rule requirements. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 4 0U.S. DEPARTMENT OF THE TREASURY In addition,the final rule provides an expanded set of households and communities that are presumed to be "impacted" and "disproportionately impacted" by the pandemic, thereby allowing recipients to provide responses to a broad set of households and entities without requiring additional analysis. Further,the final rule provides a broader set of uses available for these communities as part of COVID- 19 public health and economic response, including making affordable housing, childcare, early learning, and services to address learning loss during the pandemic eligible in all impacted communities and making certain community development and neighborhood revitalization activities eligible for disproportionately impacted communities. Further, the final rule allows for a broader set of uses to restore and support government employment, including hiring above a recipient's pre-pandemic baseline, providing funds to employees that experienced pay cuts or furloughs, avoiding layoffs, and providing retention incentives. Premium Pay The final rule delivers more streamlined options to provide premium pay, by broadening the share of eligible workers who can receive premium pay without a written justification while maintaining a focus on lower-income and frontline workers performing essential work. Water, Sewer& Broadband Infrastructure The final rule significantly broadens eligible broadband infrastructure investments to address challenges with broadband access, affordability, and reliability, and adds additional eligible water and sewer infrastructure investments, including a broader range of lead remediation and stormwater management projects. FINAL RULE EFFECTIVE DATE The final rule takes effect on April 1, 2022. Until that time,the interim final rule remains in effect; funds used consistently with the IFR while it is in effect are in compliance with the SLFRF program. However, recipients can choose to take advantage of the final rule's flexibilities and simplifications now, even ahead of the effective date.Treasury will not take action to enforce the interim final rule to the extent that a use of funds is consistent with the terms of the final rule, regardless of when the SLFRF funds were used. Recipients may consult the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule, which can be found on Treasury's website,for more information on compliance with the interim final rule and the final rule. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 5 0 U.S. DEPARTMENT OF THE TREASURY Overview of the Program The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program provides substantial flexibility for each jurisdiction to meet local needs within the four separate eligible use categories.This Overview of the Final Rule addresses the four eligible use categories ordered from the broadest and most flexible to the most specific. Recipients may use SLFRF funds to: • Replace lost public sector revenue, using this funding to provide government services up to the amount of revenue loss due to the pandemic. • Recipients may determine their revenue loss by choosing between two options: • A standard allowance of up to$10 million in aggregate, not to exceed their award amount, during the program; • Calculating their jurisdiction's specific revenue loss each year using Treasury's formula,which compares actual revenue to a counterfactual trend. • Recipients may use funds up to the amount of revenue loss for government services; generally, services traditionally provided by recipient governments are government services, unless Treasury has stated otherwise. • Support the COVID-19 public health and economic response by addressing COVID-19 and its impact on public health as well as addressing economic harms to households, small businesses, nonprofits, impacted industries, and the public sector. • Recipients can use funds for programs, services, or capital expenditures that respond to the public health and negative economic impacts of the pandemic. • To provide simple and clear eligible uses of funds,Treasury provides a list of enumerated uses that recipients can provide to households, populations, or classes (i.e., groups)that experienced pandemic impacts. • Public health eligible uses include COVID-19 mitigation and prevention, medical expenses, behavioral healthcare, and preventing and responding to violence. • Eligible uses to respond to negative economic impacts are organized by the type of beneficiary: assistance to households, small businesses, and nonprofits. • Each category includes assistance for"impacted" and "disproportionately impacted" classes: impacted classes experienced the general, broad-based impacts of the pandemic,while disproportionately impacted classes faced meaningfully more severe impacts, often due to preexisting disparities. • To simplify administration, the final rule presumes that some populations and groups were impacted or disproportionately impacted and are eligible for responsive services. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 6 U.S. DEPARTMENT OF THE TREASURY • Eligible uses for assistance to impacted households include aid for re- employment,job training,food, rent, mortgages, utilities, affordable housing development, childcare, early education, addressing learning loss, and many more uses. • Eligible uses for assistance to impacted small businesses or nonprofits include loans or grants to mitigate financial hardship,technical assistance for small businesses, and many more uses. • Recipients can also provide assistance to impacted industries like travel,tourism, and hospitality that faced substantial pandemic impacts, or address impacts to the public sector, for example by re-hiring public sector workers cut during the crisis. • Recipients providing funds for enumerated uses to populations and groups that Treasury has presumed eligible are clearly operating consistently with the final rule. Recipients can also identify(1) other populations or groups, beyond those presumed eligible,that experienced pandemic impacts or disproportionate impacts and (2) other programs, services, or capital expenditures, beyond those enumerated,to respond to those impacts. • Provide premium pay for eligible workers performing essential work, offering additional support to those who have and will bear the greatest health risks because of their service in critical sectors. • Recipients may provide premium pay to eligible workers—generally those working in- person in key economic sectors—who are below a wage threshold or non-exempt from the Fair Labor Standards Act overtime provisions, or if the recipient submits justification that the premium pay is responsive to workers performing essential work. • Invest in water, sewer,and broadband infrastructure, making necessary investments to improve access to clean drinking water, to support vital wastewater and stormwater infrastructure, and to expand affordable access to broadband internet. • Recipients may fund a broad range of water and sewer projects, including those eligible under the EPA's Clean Water State Revolving Fund, EPA's Drinking Water State Revolving Fund, and certain additional projects, including a wide set of lead remediation, stormwater infrastructure, and aid for private wells and septic units. • Recipients may fund high-speed broadband infrastructure in areas of need that the recipient identifies, such as areas without access to adequate speeds, affordable options, or where connections are inconsistent or unreliable; completed projects must participate in a low-income subsidy program. While recipients have considerable flexibility to use funds to address the diverse needs of their communities, some restrictions on use apply across all eligible use categories.These include: • For states and territories: No offsets of a reduction in net tax revenue resulting from a change in state or territory law. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 7 0 U.S. DEPARTMENT OF THE TREASURY • For all recipients except for Tribal governments: No extraordinary contributions to a pension fund for the purpose of reducing an accrued, unfunded liability. • For all recipients: No payments for debt service and replenishments of rainy day funds; no satisfaction of settlements and judgments; no uses that contravene or violate the American Rescue Plan Act, Uniform Guidance conflicts of interest requirements, and other federal, state, and local laws and regulations. Under the SLFRF program,funds must be used for costs incurred on or after March 3, 2021. Further, funds must be obligated by December 31, 2024, and expended by December 31, 2026. This time period, during which recipients can expend SLFRF funds, is the "period of performance." In addition to SLFRF,the American Rescue Plan includes other sources of funding for state and local governments, including the Coronavirus Capital Projects Fund to fund critical capital investments including broadband infrastructure;the Homeowner Assistance Fund to provide relief for our country's most vulnerable homeowners; the Emergency Rental Assistance Program to assist households that are unable to pay rent or utilities; and the State Small Business Credit Initiative to fund small business credit expansion initiatives. Eligible recipients are encouraged to visit the Treasury website for more information. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 8 0 U.S. DEPARTMENT OF THE TREASURY Replacing Lost Public Sector Revenue The Coronavirus State and Local Fiscal Recovery Funds provide needed fiscal relief for recipients that have experienced revenue loss due to the onset of the COVID-19 public health emergency. Specifically, SLFRF funding may be used to pay for"government services" in an amount equal to the revenue loss experienced by the recipient due to the COVID-19 public health emergency. Government services generally include any service traditionally provided by a government, including construction of roads and other infrastructure, provision of public safety and other services, and health and educational services. Funds spent under government services are subject to streamlined reporting and compliance requirements. In order to use funds under government services, recipients should first determine revenue loss.They may,then, spend up to that amount on general government services. DETERMINING REVENUE LOSS Recipients have two options for how to determine their amount of revenue loss. Recipients must choose one of the two options and cannot switch between these approaches after an election is made. 1. Recipients may elect a "standard allowance" of$10 million to spend on government services through the period of performance. Under this option, which is newly offered in the final rule Treasury presumes that up to$10 million in revenue has been lost due to the public health emergency and recipients are permitted to use that amount (not to exceed the award amount) to fund "government services." The standard allowance provides an estimate of revenue loss that is based on an extensive analysis of average revenue loss across states and localities, and offers a simple,convenient way to determine revenue loss, particularly for SLFRF's smallest recipients. All recipients may elect to use this standard allowance instead of calculating lost revenue using the formula below, including those with total allocations of$10 million or less. Electing the standard allowance does not increase or decrease a recipient's total allocation. 2. Recipients may calculate their actual revenue loss according to the formula articulated in the final rule. Under this option, recipients calculate revenue loss at four distinct points in time, either at the end of each calendar year(e.g., December 31 for years 2020, 2021, 2022, and 2023) or the end of each fiscal year of the recipient. Under the flexibility provided in the final rule, recipients can choose whether to use calendar or fiscal year dates but must be consistent throughout the period of performance.Treasury has also provided several adjustments to the definition of general revenue in the final rule. To calculate revenue loss at each of these dates, recipients must follow a four-step process: Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 9 U.S. DEPARTMENT OF THE TREASURY a. Calculate revenues collected in the most recent full fiscal year prior to the public health emergency(i.e., last full fiscal year before January 27, 2020), called the base year revenue. b. Estimate counterfactual revenue, which is equal to the following formula,where n is the number of months elapsed since the end of the base year to the calculation date: n base year revenue x (1 + growth adjustment) iz The growth adjustment is the greater of either a standard growth rate-5.2 percent—or the recipient's average annual revenue growth in the last full three fiscal years prior to the COVID-19 public health emergency. c. Identify actual revenue,which equals revenues collected over the twelve months immediately preceding the calculation date. Under the final rule, recipients must adjust actual revenue totals for the effect of tax cuts and tax increases that are adopted after the date of adoption of the final rule (January 6, 2022). Specifically, the estimated fiscal impact of tax cuts and tax increases adopted after January 6, 2022, must be added or subtracted to the calculation of actual revenue for purposes of calculation dates that occur on or after April 1, 2022. Recipients may subtract from their calculation of actual revenue the effect of tax increases enacted prior to the adoption of the final rule. Note that recipients that elect to remove the effect of tax increases enacted before the adoption of the final rule must also remove the effect of tax decreases enacted before the adoption of the final rule, such that they are accurately removing the effect of tax policy changes on revenue. d. Revenue loss for the calculation date is equal to counterfactual revenue minus actual revenue(adjusted for tax changes) for the twelve-month period. If actual revenue exceeds counterfactual revenue, the loss is set to zero for that twelve-month period. Revenue loss for the period of performance is the sum of the revenue loss on for each calculation date. The supplementary information in the final rule provides an example of this calculation, which recipients may find helpful, in the Revenue Loss section. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 10 0 U.S. DEPARTMENT OF THE TREASURY SPENDING ON GOVERNMENT SERVICES Recipients can use SLFRF funds on government services up to the revenue loss amount, whether that be the standard allowance amount or the amount calculated using the above approach. Government services generally include any service traditionally provided by a government, unless Treasury has stated otherwise. Here are some common examples, although this list is not exhaustive: ✓ Construction of schools and hospitals ✓ Environmental remediation ✓ Road building and maintenance, and ✓ Provision of police, fire, and other public other infrastructure safety services (including purchase of ✓ Health services fire trucks and police vehicles) ✓ General government administration, staff, and administrative facilities Government services is the most flexible eligible use category under the SLFRF program, and funds are subject to streamlined reporting and compliance requirements. Recipients should be mindful that certain restrictions,which are detailed further in the Restrictions on Use section and apply to all uses of funds, apply to government services as well. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 11 0 U.S. DEPARTMENT OF THE TREASURY Responding to Public Health and Economic Impacts of COVID-19 The Coronavirus State and Local Fiscal Recovery Funds provide resources for governments to meet the public health and economic needs of those impacted by the pandemic in their communities, as well as address longstanding health and economic disparities,which amplified the impact of the pandemic in disproportionately impacted communities, resulting in more severe pandemic impacts. The eligible use category to respond to public health and negative economic impacts is organized around the types of assistance a recipient may provide and includes several sub-categories: • public health, • assistance to households, • assistance to small businesses, • assistance to nonprofits, • aid to impacted industries, and • public sector capacity. In general,to identify eligible uses of funds in this category, recipients should (1) identify a COVID-19 public health or economic impact on an individual or class (i.e., a group) and (2) design a program that responds to that impact. Responses should be related and reasonably proportional to the harm identified and reasonably designed to benefit those impacted. To provide simple, clear eligible uses of funds that meet this standard,Treasury provides a non- exhaustive list of enumerated uses that respond to pandemic impacts. Treasury also presumes that some populations experienced pandemic impacts and are eligible for responsive services. In other words, recipients providing enumerated uses of funds to populations presumed eligible are clearly operating consistently with the final rule.' Recipients also have broad flexibility to (1) identify and respond to other pandemic impacts and (2) serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients can also identify groups or"classes" of beneficiaries that experienced pandemic impacts and provide services to those classes. 1 However,please note that use of funds for enumerated uses may not be grossly disproportionate to the harm. Further, recipients should consult the Capital Expenditures section for more information about pursuing a capital expenditure;please note that enumerated capital expenditures are not presumed to be reasonably proportional responses to an identified harm except as provided in the Capital Expenditures section. Coronavirus State& Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 12 0 U.S. DEPARTMENT OF THE TREASURY Step 1. Identify COVID-19 public health or 2. Design a response that addresses or economic impact responds to the impact Analysis . Can identify impact to a specific • Types of responses can include a household, business or nonprofit or program,service, or capital to a class of households, businesses, expenditure or nonprofits (i.e., group) • Response should be related and Can also identify disproportionate reasonably proportional to the harm impacts, or more severe impacts, to • Response should also be reasonably a specific beneficiary or to a class designed to benefit impacted individual or class Simplifying Final Rule presumes certain • Final Rule provides non-exhaustive Presumptions populations and classes are impacted list of enumerated eligible uses that and disproportionately impacted respond to pandemic impacts and disproportionate impacts To assess eligibility of uses of funds, recipients should first determine the sub-category where their use of funds may fit (e.g., public health, assistance to households, assistance to small businesses), based on the entity that experienced the health or economic impact.'Then, recipients should refer to the relevant section for more details on each sub-category. While the same overall eligibility standard applies to all uses of funds to respond to the public health and negative economic impacts of the pandemic, each sub-category has specific nuances on its application. In addition: • Recipients interested in using funds for capital expenditures (i.e., investments in property, facilities, or equipment) should review the Capital Expenditures section in addition to the eligible use sub-category. • Recipients interested in other uses of funds, beyond the enumerated uses, should refer to the section on "Framework for Eligible Uses Beyond Those Enumerated." 2 For example,a recipient interested in providing aid to unemployed individuals is addressing a negative economic impact experienced by a household and should refer to the section on assistance to households.Recipients should also be aware of the difference between"beneficiaries"and"sub-recipients."Beneficiaries are households,small businesses,or nonprofits that can receive assistance based on impacts of the pandemic that they experienced.On the other hand,sub-recipients are organizations that carry out eligible uses on behalf of a government,often through grants or contracts.Sub-recipients do not need to have experienced a negative economic impact of the pandemic;rather,they are providing services to beneficiaries that experienced an impact. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 13 0 U.S. DEPARTMENT OF THE TREASURY RESPONDING TO THE PUBLIC HEALTH EMERGENCY While the country has made tremendous progress in the fight against COVID-19, including a historic vaccination campaign,the disease still poses a grave threat to Americans' health and the economy. Providing state, local, and Tribal governments the resources needed to fight the COVID-19 pandemic is a core goal of the Coronavirus State and Local Fiscal Recovery Funds, as well as addressing the other ways that the pandemic has impacted public health.Treasury has identified several public health impacts of the pandemic and enumerated uses of funds to respond to impacted populations. • COVID-19 mitigation and prevention.The pandemic has broadly impacted Americans and recipients can provide services to prevent and mitigate COVID-19 to the general public or to small businesses, nonprofits, and impacted industries in general. Enumerated eligible uses include: ✓ Vaccination programs, including vaccine ✓ Support for prevention, mitigation, or incentives and vaccine sites other services in congregate living ✓ Testing programs, equipment and sites facilities, public facilities, and schools ✓ Monitoring, contact tracing& public ✓ Support for prevention and mitigation health surveillance (e.g., monitoring for strategies in small businesses, nonprofits, variants) and impacted industries ✓ Public communication efforts ✓ Medical facilities generally dedicated to ✓ Public health data systems COVID-19 treatment and mitigation (e.g., ✓ COVID-19 prevention and treatment ICUs, emergency rooms) equipment, such as ventilators and ✓ Temporary medical facilities and other ambulances measures to increase COVID-19 treatment ✓ Medical and PPE/protective supplies capacity ✓ Support for isolation or quarantine ✓ Emergency operations centers & emergency response equipment(e.g., ✓ Ventilation system installation and emergency response radio systems) improvement ✓ Public telemedicine capabilities for COVID- 19 related treatment COVID-19 threats to public health and safety ✓ Transportation to reach vaccination or testing sites, or other prevention and mitigation services for vulnerable populations Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 14 0 U.S. DEPARTMENT OF THE TREASURY • Medical expenses. Funds may be used for expenses to households, medical providers, or others that incurred medical costs due to the pandemic, including: ✓ Unreimbursed expenses for medical care ✓ Emergency medical response expenses for COVID-19 testing or treatment, such ✓ Treatment of long-term symptoms or effects as uncompensated care costs for of COVID-19 medical providers or out-of-pocket costs for individuals ✓ Paid family and medical leave for public employees to enable compliance with COVID-19 public health precautions • Behavioral health care, such as mental health treatment,substance use treatment,and other behavioral health services.Treasury recognizes that the pandemic has broadly impacted Americans' behavioral health and recipients can provide these services to the general public to respond. Enumerated eligible uses include: ✓ Prevention, outpatient treatment, ✓ Support for equitable access to reduce inpatient treatment, crisis care, disparities in access to high-quality diversion programs, outreach to treatment individuals not yet engaged in ✓ Peer support groups, costs for residence in treatment, harm reduction & long-term supportive housing or recovery housing, and recovery support the 988 National Suicide Prevention Lifeline ✓ Enhanced behavioral health services in or other hotline services schools ✓ Expansion of access to evidence-based ✓ Services for pregnant women or infants services for opioid use disorder prevention, born with neonatal abstinence treatment, harm reduction, and recovery syndrome ✓ Behavioral health facilities &equipment • Preventing and responding to violence. Recognizing that violence—and especially gun violence— has increased in some communities due to the pandemic, recipients may use funds to respond in these communities through: ✓ Referrals to trauma recovery services for V In communities experiencing increased victims of crime gun violence due to the pandemic: ✓ Community violence intervention . Law enforcement officers focused programs, including: on advancing community policing • Evidence-based practices like • Enforcement efforts to reduce gun focused deterrence,with wraparound services such as violence, including prosecution • Technology&equipment to support behavioral therapy,trauma recovery,job training, education, law enforcement response housing and relocation services, and financial assistance Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 15 0 U.S. DEPARTMENT OF THE TREASURY RESPONDING TO NEGATIVE ECONOMIC IMPACTS The pandemic caused severe economic damage and, while the economy is on track to a strong recovery, much work remains to continue building a robust, resilient, and equitable economy in the wake of the crisis and to ensure that the benefits of this recovery reach all Americans. While the pandemic impacted millions of American households and businesses, some of its most severe impacts fell on low-income and underserved communities, where pre-existing disparities amplified the impact of the pandemic and where the most work remains to reach a full recovery. The final rule recognizes that the pandemic caused broad-based impacts that affected many communities, households, and small businesses across the country; for example, many workers faced unemployment and many small businesses saw declines in revenue.The final rule describes these as "impacted" households, communities,small businesses, and nonprofits. At the same time,the pandemic caused disproportionate impacts, or more severe impacts, in certain communities. For example, low-income and underserved communities have faced more severe health and economic outcomes like higher rates of COVID-19 mortality and unemployment, often because pre- existing disparities exacerbated the impact of the pandemic.The final rule describes these as "disproportionately impacted" households, communities, small businesses, and nonprofits. To simplify administration of the program,the final rule presumes that certain populations were "impacted" and "disproportionately impacted" by the pandemic;these populations are presumed to be eligible for services that respond to the impact they experienced.The final rule also enumerates a non- exhaustive list of eligible uses that are recognized as responsive to the impacts or disproportionate impacts of COVID-19. Recipients providing enumerated uses to populations presumed eligible are clearly operating consistently with the final rule. As discussed further in the section Framework for Eligible Uses Beyond Those Enumerated, recipients can also identify other pandemic impacts, impacted or disproportionately impacted populations or classes, and responses. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 16 0 U.S. DEPARTMENT OF THE TREASURY Assistance to Households Impacted Households and Communities Treasury presumes the following households and communities are impacted by the pandemic: ✓ Low-or-moderate income households or ✓ When providing affordable housing programs: communities households that qualify for the National Housing ✓ Households that experienced Trust Fund and Home Investment Partnerships unemployment Program ✓ Households that experienced increased ✓ When providing services to address lost food or housing insecurity instructional time in K-12 schools: any student ✓ Households that qualify for the Children's that lost access to in-person instruction for a Health Insurance Program, Childcare significant period of time Subsidies through the Child Care Development Fund (CCDF) Program, or Medicaid Low-or moderate-income households and communities are those with (i) income at or below 300 percent of the Federal Poverty Guidelines for the size of the household based on the most recently published poverty guidelines or(ii) income at or below 65 percent of the area median income for the county and size of household based on the most recently published data. For the vast majority of communities,the Federal Poverty Guidelines are higher than the area's median income and using the Federal Poverty Guidelines would result in more households and communities being presumed eligible. Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website. Recipients can measure income for a specific household or the median income for the community, depending on whether the response they plan to provide serves specific households or the general community.The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community. The income limit for 300 percent of the Federal Poverty Guidelines for a household of three is$65,880 per year.3 In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is impacted by the pandemic and eligible for services to respond. Additionally, by following the steps detailed in the section Framework for Eligible Uses Beyond Those Enumerated, recipients may designate additional households as impacted or disproportionately impacted beyond these presumptions, and may also pursue projects not listed below in response to these impacts consistent with Treasury's standards. 3 For recipients in Alaska,the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is$82,350 per year. For recipients in Hawaii,the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $75,780 per year. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 17 0 U.S. DEPARTMENT OF THE TREASURY Treasury recognizes the enumerated projects below,which have been expanded under the final rule, as eligible to respond to impacts of the pandemic on households and communities: ✓ Food assistance &food banks ✓ Burials, home repair& home weatherization ✓ Emergency housing assistance: rental ✓ Programs, devices&equipment for internet assistance, mortgage assistance, utility access and digital literacy, including subsidies assistance, assistance paying delinquent for costs of access property taxes, counseling and legal aid to ✓ Cash assistance prevent eviction and homelessness & ✓ Paid sick, medical, and family leave programs emergency programs or services for homeless ✓ Assistance in accessing and applying for individuals, including temporary residences public benefits or services for people experiencing homelessness ✓ Childcare and early learning services, home ✓ Health insurance coverage expansion visiting programs, services for child welfare- ✓ Benefits for surviving family members of involved families and foster youth &childcare individuals who have died from COVID-19 facilities ✓ Assistance to individuals who want and are ✓ Assistance to address the impact of learning available for work, including job training, loss for K-12 students (e.g., high-quality public jobs programs and fairs, support for tutoring, differentiated instruction) childcare and transportation to and from a V Programs or services to support long-term jobsite or interview, incentives for newly- housing security: including development of employed workers, subsidized employment, affordable housing and permanent grants to hire underserved workers, supportive housing assistance to unemployed individuals to start ✓ small businesses &development of job and Certain contributions to an Unemployment workforce training centers Insurance Trust Fund4 ✓ Financial services for the unbanked and underbanked 4 Recipients may only use SLFRF funds for contributions to unemployment insurance trust funds and repayment of the principal amount due on advances received under Title XII of the Social Security Act up to an amount equal to(i)the difference between the balance in the recipient's unemployment insurance trust fund as of January 27,2020 and the balance of such account as of May 17,2021,plus(ii)the principal amount outstanding as of May 17,2021 on any advances received under Title XII of the Social Security Act between January 27,2020 and May 17,2021. Further,recipients may use SLFRF funds for the payment of any interest due on such Title XII advances. Additionally,a recipient that deposits SLFRF funds into its unemployment insurance trust fund to fully restore the pre-pandemic balance may not draw down that balance and deposit more SLFRF funds,back up to the pre-pandemic balance.Recipients that deposit SLFRF funds into an unemployment insurance trust fund,or use SLFRF funds to repay principal on Title XII advances, may not take action to reduce benefits available to unemployed workers by changing the computation method governing regular unemployment compensation in a way that results in a reduction of average weekly benefit amounts or the number of weeks of benefits payable(i.e.,maximum benefit entitlement). Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 18 0 U.S. DEPARTMENT OF THE TREASURY Disproportionately Impacted Households and Communities Treasury presumes the following households and communities are disproportionately impacted by the pandemic: ✓ Low-income households and communities ✓ Households receiving services provided by ✓ Households residing in Qualified Census Tribal governments Tracts ✓ Households residing in the U.S. territories or ✓ Households that qualify for certain federal receiving services from these governments benefits' Low-income households and communities are those with (i) income at or below 185 percent of the Federal Poverty Guidelines for the size of its household based on the most recently published poverty guidelines or(ii) income at or below 40 percent of area median income for its county and size of household based on the most recently published data. For the vast majority of communities,the Federal Poverty Guidelines level is higher than the area median income level and using this level would result in more households and communities being presumed eligible.Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median income levels on its website. Recipients can measure income for a specific household or the median income for the community, depending on whether the service they plan to provide serves specific households or the general community.The income thresholds vary by household size; recipients should generally use income thresholds for the appropriate household size but can use a default household size of three when easier for administration or when measuring income for a general community. The income limit for 185 percent of the Federal Poverty Guidelines for a household of three is$40,626 per year.' In other words, recipients can always presume that a household earning below this level, or a community with median income below this level, is disproportionately impacted by the pandemic and eligible for services to respond. 5 These programs are Temporary Assistance for Needy Families(TANF),Supplemental Nutrition Assistance Program(SNAP), Free-and Reduced-Price Lunch(NSLP)and/or School Breakfast(SBP)programs, Medicare Part D Low-Income Subsidies, Supplemental Security Income(SSI),Head Start and/or Early Head Start,Special Supplemental Nutrition Program for Women, Infants,and Children(WIC),Section 8 Vouchers, Low-Income Home Energy Assistance Program(LIHEAP),and Pell Grants. For services to address educational disparities,Treasury will recognize Title I eligible schools as disproportionately impacted and responsive services that support the school generally or support the whole school as eligible. 6 For recipients in Alaska,the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is$50,783 per year. For recipients in Hawaii,the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $46,731 per year Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 19 0 U.S. DEPARTMENT OF THE TREASURY Treasury recognizes the enumerated projects below,which have been expanded under the final rule, as eligible to respond to disproportionate impacts of the pandemic on households and communities: ✓ Pay for community health workers to help ✓ Improvements to vacant and abandoned households access health &social services properties, including rehabilitation or ✓ Remediation of lead paint or other lead maintenance, renovation, removal and hazards remediation of environmental contaminants, ✓ Primary care clinics, hospitals, integration of demolition or deconstruction,greening/vacant lot health services into other settings, and other cleanup &conversion to affordable housing' investments in medical equipment&facilities ✓ Services to address educational disparities, designed to address health disparities including assistance to high-poverty school ✓ Housing vouchers& assistance relocating to districts &educational and evidence-based neighborhoods with higher economic services to address student academic, social, opportunity emotional, and mental health needs ✓ Investments in neighborhoods to promote V Schools and other educational equipment& improved health outcomes facilities 7 Please see the final rule for further details and conditions applicable to this eligible use.This includes Treasury's presumption that demolition of vacant or abandoned residential properties that results in a net reduction in occupiable housing units for low-and moderate-income individuals in an area where the availability of such housing is lower than the need for such housing is ineligible for support with SLFRF funds. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 20 0 U.S. DEPARTMENT OF THE TREASURY Assistance to Small Businesses Small businesses have faced widespread challenges due to the pandemic, including periods of shutdown, declines in revenue, or increased costs.The final rule provides many tools for recipients to respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses where pre-existing disparities like lack of access to capital compounded the pandemic's effects. Small businesses eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of"small business," specifically: 1. Have no more than 500 employees, or if applicable,the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and 2. Are a small business concern as defined in section 3 of the Small Business Act' (which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation). Impacted Small Businesses Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider: ✓ Decreased revenue or gross receipts ✓ Capacity to weather financial hardship ✓ Financial insecurity ✓ Challenges covering payroll, rent or J Increased costs mortgage, and other operating costs Assistance to small businesses that experienced negative economic impacts includes the following enumerated uses: J Loans or grants to mitigate financial ✓ Technical assistance, counseling, or other hardship, such as by supporting payroll services to support business planning and benefits, costs to retain employees, and mortgage, rent, utility, and other operating costs Disproportionately Impacted Small Businesses Treasury presumes that the following small businesses are disproportionately impacted by the pandemic: 8 15 U.S.C.632. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 21 0 U.S. DEPARTMENT OF THE TREASURY ✓ Small businesses operating in Qualified ✓ Small businesses operating in the U.S. Census Tracts territories J Small businesses operated by Tribal governments or on Tribal lands Assistance to disproportionately impacted small businesses includes the following enumerated uses, which have been expanded under the final rule: ✓ Rehabilitation of commercial properties, ✓ Support for microbusinesses, including storefront improvements&fagade financial, childcare, and transportation costs improvements J Technical assistance, business incubators& grants for start-up or expansion costs for small businesses Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 22 0 U.S. DEPARTMENT OF THE TREASURY Assistance to Nonprofits Nonprofits have faced significant challenges due to the pandemic's increased demand for services and changing operational needs, as well as declines in revenue sources such as donations and fees. Nonprofits eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of"nonprofit"—specifically those that are 501(c)(3) or 501(c)(19) tax-exempt organizations. Impacted Nonprofits Recipients can identify nonprofits impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider: ✓ Decreased revenue (e.g., from donations ✓ Capacity to weather financial hardship and fees) ✓ Challenges covering payroll, rent or ✓ Financial insecurity mortgage, and other operating costs ✓ Increased costs (e.g., uncompensated increases in service need) Assistance to nonprofits that experienced negative economic impacts includes the following enumerated uses: ✓ Loans or grants to mitigate financial ✓ Technical or in-kind assistance or other hardship services that mitigate negative economic impacts of the pandemic Disproportionately Impacted Nonprofits Treasury presumes that the following nonprofits are disproportionately impacted by the pandemic: ✓ Nonprofits operating in Qualified Census ✓ Nonprofits operating in the U.S.territories Tracts ✓ Nonprofits operated by Tribal governments or on Tribal lands Recipients may identify appropriate responses that are related and reasonably proportional to addressing these disproportionate impacts. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 23 0 U.S. DEPARTMENT OF THE TREASURY Aid to Impacted Industries Recipients may use SLFRF funding to provide aid to industries impacted by the COVID-19 pandemic. Recipients should first designate an impacted industry and then provide aid to address the impacted industry's negative economic impact. This sub-category of eligible uses does not separately identify disproportionate impacts and corresponding responsive services. 1. Designating an impacted industry.There are two main ways an industry can be designated as "impacted." 1. If the industry is in the travel, tourism, or hospitality sectors (including Tribal development districts),the industry is impacted. 2. If the industry is outside the travel,tourism, or hospitality sectors,the industry is impacted if: a. The industry experienced at least 8 percent employment loss from pre-pandemic levels,'or b. The industry is experiencing comparable or worse economic impacts as the national tourism,travel, and hospitality industries as of the date of the final rule, based on the totality of economic indicators or qualitative data (if quantitative data is unavailable), and if the impacts were generally due to the COVID-19 public health emergency. Recipients have flexibility to define industries broadly or narrowly, but Treasury encourages recipients to define narrow and discrete industries eligible for aid. State and territory recipients also have flexibility to define the industries with greater geographic precision;for example, a state may identify a particular industry in a certain region of a state as impacted. 2. Providing eligible aid to the impacted industry.Aid may only be provided to support businesses, attractions, and Tribal development districts operating prior to the pandemic and affected by required closures and other efforts to contain the pandemic. Further, aid should be generally broadly available to all businesses within the impacted industry to avoid potential conflicts of interest, and Treasury encourages aid to be first used for operational expenses, such as payroll, before being used on other types of costs. 9 Specifically,a recipient should compare the percent change in the number of employees of the recipient's identified industry and the national Leisure&Hospitality sector in the three months before the pandemic's most severe impacts began(a straight three-month average of seasonally-adjusted employment data from December 2019,January 2020,and February 2020)with the latest data as of the final rule(a straight three-month average of seasonally-adjusted employment data from September 2021,October 2021,and November 2021).For parity and simplicity,smaller recipients without employment data that measure industries in their specific jurisdiction may use data available for a broader unit of government for this calculation(e.g.,a county may use data from the state in which it is located;a city may use data for the county,if available,or state in which it is located)solely for purposes of determining whether a particular industry is an impacted industry. Coronavirus State& Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 24 0 U.S. DEPARTMENT OF THE TREASURY Treasury recognizes the enumerated projects below as eligible responses to impacted industries. ✓ Aid to mitigate financial hardship, such ✓ Technical assistance, counseling, or as supporting payroll costs, lost pay and other services to support business benefits for returning employees, planning support of operations and maintenance ✓ COVID-19 mitigation and infection of existing equipment and facilities prevention measures (see section Public Health) As with all eligible uses, recipients may pursue a project not listed above by undergoing the steps outlined in the section Framework for Eligible Uses Beyond Those Enumerated. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 25 0 U.S. DEPARTMENT OF THE TREASURY PUBLIC SECTOR CAPACITY Recipients may use SLFRF funding to restore and bolster public sector capacity, which supports government's ability to deliver critical COVID-19 services.There are three main categories of eligible uses to bolster public sector capacity and workforce: Public Safety, Public Health, and Human Services Staff; Government Employment and Rehiring Public Sector Staff; and Effective Service Delivery. Public Safety, Public Health, and Human Services Staff SLFRF funding may be used for payroll and covered benefits for public safety, public health, health care, human services and similar employees of a recipient government,for the portion of the employee's time spent responding to COVID-19. Recipients should follow the steps below. 1. Identify eligible public safety, public health,and human services staff. Public safety staff include: ✓ Police officers (including state police ✓ Correctional and detention officers officers) ✓ Dispatchers and supervisor personnel ✓ Sheriffs and deputy sheriffs that directly support public safety staff ✓ Firefighters ✓ Emergency medical responders Public health staff include: ✓ Employees involved in providing medical ✓ Employees of public health and other physical or mental health departments directly engaged in services to patients and supervisory public health matters and related personnel, including medical staff supervisory personnel assigned to schools, prisons, and other such institutions ✓ Laboratory technicians, medical examiners, morgue staff, and other support services essential for patient care Human services staff include: ✓ Employees providing or administering ✓ Child, elder, or family care employees social services and public benefits ✓ Child welfare services employees 2. Assess portion of time spent on COVID-19 response for eligible staff. Recipients can use a variety of methods to assess the share of an employees'time spent responding to COVID-19, including using reasonable estimates—such as estimating the share of time based on discussions with staff and applying that share to all employees in that position. For administrative convenience, recipients can consider public health and safety employees entirely devoted to responding to COVID-19 (and their payroll and benefits fully covered by SLFRF) if the Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 26 0U.S. DEPARTMENT OF THE TREASURY employee, or his or her operating unit or division, is "primarily dedicated" to responding to COVID- 19. Primarily dedicated means that more than half of the employee, unit, or division's time is dedicated to responding to COVID-19. Recipients must periodically reassess their determination and maintain records to support their assessment, although recipients do not need to track staff hours. 3. Use SLFRF funding for payroll and covered benefits for the portion of eligible staff time spent on COVID-19 response. SLFRF funding may be used for payroll and covered benefits for the portion of the employees'time spent on COVID-19 response, as calculated above,through the period of performance. Government Employment and Rehiring Public Sector Staff Under the increased flexibility of the final rule, SLFRF funding may be used to support a broader set of uses to restore and support public sector employment. Eligible uses include hiring up to a pre-pandemic baseline that is adjusted for historic underinvestment in the public sector, providing additional funds for employees who experienced pay cuts or were furloughed, avoiding layoffs, providing worker retention incentives, and paying for ancillary administrative costs related to hiring, support, and retention. • Restoring pre-pandemic employment. Recipients have two options to restore pre-pandemic employment, depending on the recipient's needs. • If the recipient simply wants to hire back employees for pre-pandemic positions: Recipients may use SLFRF funds to hire employees for the same positions that existed on January 27, 2020 but that were unfilled or eliminated as of March 3, 2021. Recipients may use SLFRF funds to cover payroll and covered benefits for such positions through the period of performance. • If the recipient wants to hire above the pre-pandemic baseline and/or would like to have flexibility in positions: Recipients may use SLFRF funds to pay for payroll and covered benefits associated with the recipient increasing its number of budgeted FTEs up to 7.5 percent above its pre-pandemic baseline. Specifically, recipients should undergo the following steps: a. Identify the recipient's budgeted FTE level on January 27, 2020.This includes all budgeted positions,filled and unfilled. This is called the pre-pandemic baseline. b. Multiply the pre-pandemic baseline by 1.075.This is called the adjusted pre- pandemic baseline. c. Identify the recipient's budgeted FTE level on March 3, 2021, which is the beginning of the period of performance for SLFRF funds. Recipients may, but are not required to, exclude the number of FTEs dedicated to responding to the COVID-19 public health emergency. This is called the actual number of FTEs. d. Subtract the actual number of FTEs from the adjusted pre-pandemic baseline to calculate the number of FTEs that can be covered by SLFRF funds. Recipients do not have to hire for the same roles that existed pre-pandemic. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 27 0 U.S. DEPARTMENT OF THE TREASURY Recipients may use SLFRF funds to cover payroll and covered benefits through the period of performance;these employees must have begun their employment on or after March 3, 2021. Recipients may only use SLFRF funds for additional FTEs hired over the March 3, 2021 level (i.e.,the actual number of FTEs). • Supporting and retaining public sector workers. Recipients can also use funds in other ways that support the public sector workforce.10 These include: o Providing additional funding for employees who experienced pay reductions or were furloughed since the onset of the pandemic, up to the difference in the employee's pay, taking into account unemployment benefits received. o Maintaining current compensation levels to prevent layoffs. SLFRF funds may be used to maintain current compensation levels, with adjustments for inflation, in order to prevent layoffs that would otherwise be necessary. o Providing worker retention incentives, including reasonable increases in compensation to persuade employees to remain with the employer as compared to other employment options. Retention incentives must be entirely additive to an employee's regular compensation, narrowly tailored to need, and should not exceed incentives traditionally offered by the recipient or compensation that alternative employers may offer to compete for the employees.Treasury presumes that retention incentives that are less than 25 percent of the rate of base pay for an individual employee or 10 percent for a group or category of employees are reasonably proportional to the need to retain employees, as long as other requirements are met. • Covering administrative costs associated with administering the hiring,support,and retention programs above. Effective Service Delivery SLFRF funding may be used to improve the efficacy of public health and economic programs through tools like program evaluation, data, and outreach, as well as to address administrative needs caused or exacerbated by the pandemic. Eligible uses include: • Supporting program evaluation, data, and outreach through: io Recipients should be able to substantiate that these uses of funds are substantially due to the public health emergency or its negative economic impacts(e.g.,fiscal pressures on state and local budgets)and respond to its impacts.See the final rule for details on these uses. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 28 0 U.S. DEPARTMENT OF THE TREASURY ✓ Program evaluation and evidence ✓ Community outreach and engagement resources activities ✓ Data analysis resources to gather, ✓ Capacity building resources to support assess, share, and use data using data and evidence, including ✓ Technology infrastructure to improve hiring staff, consultants, or technical access to and the user experience of assistance support government IT systems, as well as technology improvements to increase public access and delivery of government programs and services • Addressing administrative needs, including: ✓ Administrative costs for programs ✓ Address administrative needs caused responding to the public health or exacerbated by the pandemic, emergency and its economic impacts, including addressing backlogs caused including non-SLFRF and non-federally by shutdowns, increased repair or funded programs maintenance needs, and technology infrastructure to adapt government operations to the pandemic (e.g., video-conferencing software, data and case management systems) Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 29 0 U.S. DEPARTMENT OF THE TREASURY CAPITAL EXPENDITURES As described above,the final rule clarifies that recipients may use funds for programs, services, and capital expenditures that respond to the public health and negative economic impacts of the pandemic. Any use of funds in this category for a capital expenditure must comply with the capital expenditure requirements, in addition to other standards for uses of funds. Capital expenditures are subject to the same eligibility standard as other eligible uses to respond to the pandemic's public health and economic impacts; specifically,they must be related and reasonably proportional to the pandemic impact identified and reasonably designed to benefit the impacted population or class. For ease of administration,the final rule identifies enumerated types of capital expenditures that Treasury has identified as responding to the pandemic's impacts;these are listed in the applicable sub- category of eligible uses(e.g., public health, assistance to households, etc.). Recipients may also identify other responsive capital expenditures. Similar to other eligible uses in the SLFRF program, no pre- approval is required for capital expenditures. To guide recipients' analysis of whether a capital expenditure meets the eligibility standard, recipients (with the exception of Tribal governments) must complete and meet the requirements of a written justification for capital expenditures equal to or greater than $1 million. For large-scale capital expenditures,which have high costs and may require an extended length of time to complete, as well as most capital expenditures for non-enumerated uses of funds,Treasury requires recipients to submit their written justification as part of regular reporting. Specifically: If a project has and the use is enumerated by Treasury and the use is beyond those total capital as eligible,then enumerated by Treasury as eligible, expenditures then of Less than $1 No Written Justification required No Written Justification required million Greater than or equal to $1 Written Justification required but million, but recipients are not required to submit as less than $10 part of regular reporting to Treasury Written Justification required and million recipients must submit as part of regular Written Justification required and reporting to Treasury $10 million or recipients must submit as part of regular more reporting to Treasury A Written Justification includes: • Description of the harm or need to be addressed. Recipients should provide a description of the specific harm or need to be addressed and why the harm was exacerbated or caused by the public health emergency. Recipients may provide quantitative information on the extent and the type of harm, such as the number of individuals or entities affected. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 30 0 U.S. DEPARTMENT OF THE TREASURY • Explanation of why a capital expenditure is appropriate. For example, recipients should include an explanation of why existing equipment and facilities, or policy changes or additional funding to pertinent programs or services,would be inadequate. • Comparison of proposed capital project against at least two alternative capital expenditures and demonstration of why the proposed capital expenditure is superior. Recipients should consider the effectiveness of the capital expenditure in addressing the harm identified and the expected total cost (including pre-development costs) against at least two alternative capital expenditures. Where relevant, recipients should consider the alternatives of improving existing capital assets already owned or leasing other capital assets. Treasury presumes that the following capital projects are generally ineligible: x Construction of new correctional x Construction of convention centers, facilities as a response to an increase in stadiums, or other large capital projects rate of crime intended for general economic X Construction of new congregate development or to aid impacted facilities to decrease spread of COVID-19 industries in the facility In undertaking capital expenditures,Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions.Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 31 0 U.S. DEPARTMENT OF THE TREASURY FRAMEWORK FOR ELIGIBLE USES BEYOND THOSE ENUMERATED As described above, recipients have broad flexibility to identify and respond to other pandemic impacts and serve other populations that experienced pandemic impacts, beyond the enumerated uses and presumed eligible populations. Recipients should undergo the following steps to decide whether their project is eligible: Step 1. Identify COVID-19 public health or 2. Design a response that addresses or economic impact responds to the impact Analysis 0 Can identify impact to a specific ' Types of responses can include a household, business or nonprofit or to program, service, or capital a class of households, businesses or expenditure nonprofits (i.e., group) • Response should be related and • Can also identify disproportionate reasonably proportional to the harm impacts, or more severe impacts, to a • Response should also be reasonably specific beneficiary or to a class designed to benefit impacted individual or class 1. Identify a COVID-19 public health or negative economic impact on an individual or a class. Recipients should identify an individual or class that is "impacted" or"disproportionately impacted" by the COVID-19 public health emergency or its negative economic impacts as well as the specific impact itself. • "Impacted" entities are those impacted by the disease itself or the harmful consequences of the economic disruptions resulting from or exacerbated by the COVID- 19 public health emergency. For example, an individual who lost their job or a small business that saw lower revenue during a period of closure would both have experienced impacts of the pandemic. • "Disproportionately impacted" entities are those that experienced disproportionate public health or economic outcomes from the pandemic;Treasury recognizes that pre- existing disparities, in many cases, amplified the impacts of the pandemic, causing more severe impacts in underserved communities. For example, a household living in a neighborhood with limited access to medical care and healthy foods may have faced health disparities before the pandemic, like a higher rate of chronic health conditions, that contributed to more severe health outcomes during the COVID-19 pandemic. The recipient may choose to identify these impacts at either the individual level or at a class level. If the recipient is identifying impacts at the individual level,they should retain documentation supporting the impact the individual experienced (e.g., documentation of lost revenues from a small business). Such documentation can be streamlined in many cases (e.g., self-attestation that a household requires food assistance). Recipients also have broad flexibility to identify a "class"—or a group of households, small businesses, or nonprofits—that experienced an impact. In these cases, the recipients should Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 32 0 U.S. DEPARTMENT OF THE TREASURY first identify the class and the impact that it faced.Then, recipients only need to document that the individuals served fall within that class; recipients do not need to document a specific impact to each individual served. For example, a recipient could identify that restaurants in the downtown area faced substantial declines in revenue due to decreased foot traffic from workers; the recipient could develop a program to respond to the impact on that class and only needs to document that the businesses being served are restaurants in the downtown area. Recipients should keep the following considerations in mind when designating a class: • There should be a relationship between the definition of the class and the proposed response. Larger and less-specific classes are less likely to have experienced similar harms,which may make it more difficult to design a response that appropriately responds to those harms. • Classes may be determined on a population basis or on a geographic basis, and the response should be appropriately matched. For example, a response might be designed to provide childcare to single parents, regardless of which neighborhood they live in, or a response might provide a park to improve the health of a disproportionately impacted neighborhood. • Recipients may designate classes that experienced disproportionate impact, by assessing the impacts of the pandemic and finding that some populations experienced meaningfully more severe impacts than the general public.To determine these disproportionate impacts, recipients: o May designate classes based on academic research or government research publications (such as the citations provided in the supplementary information in the final rule),through analysis of their own data, or through analysis of other existing data sources. o May also consider qualitative research and sources to augment their analysis, or when quantitative data is not readily available. Such sources might include resident interviews or feedback from relevant state and local agencies, such as public health departments or social services departments. o Should consider the quality of the research, data, and applicability of analysis to their determination in all cases. • Some of the enumerated uses may also be appropriate responses to the impacts experienced by other classes of beneficiaries. It is permissible for recipients to provide these services to other classes, so long as the recipient determines that the response is also appropriate for those groups. • Recipients may designate a class based on income level, including at levels higher than the final rule definition of"low-and moderate-income." For example, a recipient may identify that households in their community with incomes above the final rule threshold for low-income nevertheless experienced disproportionate impacts from the pandemic and provide responsive services. 2. Design a response that addresses or responds to the impact. Programs, services, and other interventions must be reasonably designed to benefit the individual or class that experienced Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 33 U.S. DEPARTMENT OF THE TREASURY the impact.They must also be related and reasonably proportional to the extent and type of impact experienced. For example, uses that bear no relation or are grossly disproportionate to the type or extent of the impact would not be eligible. "Reasonably proportional" refers to the scale of the response compared to the scale of the harm, as well as the targeting of the response to beneficiaries compared to the amount of harm they experienced;for example, it may not be reasonably proportional for a cash assistance program to provide a very small amount of aid to a group that experienced severe harm and a much larger amount to a group that experienced relatively little harm. Recipients should consider relevant factors about the harm identified and the response to evaluate whether the response is reasonably proportional. For example, recipients may consider the size of the population impacted and the severity,type, and duration of the impact. Recipients may also consider the efficacy, cost, cost-effectiveness, and time to delivery of the response. For disproportionately impacted communities, recipients may design interventions that address broader pre-existing disparities that contributed to more severe health and economic outcomes during the pandemic, such as disproportionate gaps in access to health care or pre-existing disparities in educational outcomes that have been exacerbated by the pandemic. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 34 0 U.S. DEPARTMENT OF THE TREASURY Premium Pay The Coronavirus State and Local Fiscal Recovery Funds may be used to provide premium pay to eligible workers performing essential work during the pandemic. Premium pay may be awarded to eligible workers up to$13 per hour. Premium pay must be in addition to wages or remuneration (i.e., compensation)the eligible worker otherwise receives. Premium pay may not exceed $25,000 for any single worker during the program. Recipients should undergo the following steps to provide premium pay to eligible workers. 1. Identify an "eligible"worker. Eligible workers include workers "needed to maintain continuity of operations of essential critical infrastructure sectors."These sectors and occupations are eligible: ✓ Health care ✓ State, local, or Tribal government ✓ Emergency response workforce ✓ Sanitation, disinfection &cleaning ✓ Workers providing vital services to ✓ Maintenance Tribes ✓ Grocery stores, restaurants, food ✓ Educational, school nutrition, and other production, and food delivery work required to operate a school ✓ Pharmacy facility ✓ Biomedical research ✓ Laundry ✓ Behavioral health ✓ Elections ✓ Medical testing and diagnostics ✓ Solid waste or hazardous materials ✓ Home and community-based health care management, response, and cleanup or assistance with activities of daily living ✓ Work requiring physical interaction with ✓ Family or child care patients ✓ Social services ✓ Dental care ✓ Public health ✓ Transportation and warehousing ✓ Mortuary ✓ Hotel and commercial lodging facilities ✓ Critical clinical research, development, that are used for COVID-19 mitigation and testing necessary for COVID-19 and containment response Beyond this list,the chief executive (or equivalent) of a recipient government may designate additional non-public sectors as critical so long as doing so is necessary to protecting the health and wellbeing of the residents of such jurisdictions. 2. Verify that the eligible worker performs "essential work," meaning work that: • Is not performed while teleworking from a residence; and • Involves either: a. regular, in-person interactions with patients,the public, or coworkers of the individual that is performing the work; or b. regular physical handling of items that were handled by, or are to be handled by, patients,the public, or coworkers of the individual that is performing the work. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 35 0 U.S. DEPARTMENT OF THE TREASURY 3. Confirm that the premium pay"responds to"workers performing essential work during the COVID-19 public health emergency. Under the final rule,which broadened the share of eligible workers who can receive premium pay without a written justification, recipients may meet this requirement in one of three ways: • Eligible worker receiving premium pay is earning(with the premium included) at or below 150 percent of their residing state or county's average annual wage for all occupations, as defined by the Bureau of Labor Statistics' Occupational Employment and Wage Statistics, whichever is higher, on an annual basis; or • Eligible worker receiving premium pay is not exempt from the Fair Labor Standards Act overtime provisions; or • If a worker does not meet either of the above requirements,the recipient must submit written justification to Treasury detailing how the premium pay is otherwise responsive to workers performing essential work during the public health emergency.This may include a description of the essential worker's duties, health, or financial risks faced due to COVID-19, and why the recipient determined that the premium pay was responsive.Treasury anticipates that recipients will easily be able to satisfy the justification requirement for front-line workers, like nurses and hospital staff. Premium pay may be awarded in installments or lump sums (e.g., monthly, quarterly, etc.)and may be awarded to hourly, part-time, or salaried or non-hourly workers. Premium pay must be paid in addition to wages already received and may be paid retrospectively.A recipient may not use SLFRF to merely reimburse itself for premium pay or hazard pay already received by the worker, and premium pay may not be paid to volunteers. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 36 0 U.S. DEPARTMENT OF THE TREASURY Water & Sewer Infrastructure The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in water and sewer infrastructure. State, local, and Tribal governments have a tremendous need to address the consequences of deferred maintenance in drinking water systems and removal, management, and treatment of sewage and stormwater, along with additional resiliency measures needed to adapt to climate change. Recipients may undertake the eligible projects below: PROJECTS ELIGIBLE UNDER EPA'S CLEAN WATER STATE REVOLVING FUND(CWSRF) Eligible projects under the CWSRF, and the final rule, include: ✓ Construction of publicly owned ✓ Development and implementation of a treatment works conservation and management plan ✓ Projects pursuant to implementation under the CWA of a nonpoint source pollution ✓ Watershed projects meeting the management program established criteria set forth in the CWA under the Clean Water Act (CWA) ✓ Energy consumption reduction for ✓ Decentralized wastewater treatment publicly owned treatment works systems that treat municipal ✓ Reuse or recycling of wastewater, wastewater or domestic sewage stormwater, or subsurface drainage ✓ Management and treatment of water stormwater or subsurface drainage ✓ Security of publicly owned treatment water works ✓ Water conservation, efficiency, or reuse measures Treasury encourages recipients to review the EPA handbook for the CWSRF for a full list of eligibilities. PROJECTS ELIGIBLE UNDER EPA'S DRINKING WATER STATE REVOLVING FUND (DWSRF) Eligible drinking water projects under the DWSRF, and the final rule, include: ✓ Facilities to improve drinking water ✓ Green infrastructure, including green quality roofs, rainwater harvesting collection, ✓ Transmission and distribution, permeable pavement including improvements of water ✓ Storage of drinking water, such as to pressure or prevention of prevent contaminants or equalize contamination in infrastructure and water demands lead service line replacements ✓ Purchase of water systems and ✓ New sources to replace contaminated interconnection of systems drinking water or increase drought ✓ New community water systems resilience, including aquifer storage and recovery system for water storage Treasury encourages recipients to review the EPA handbook for the DWSRF for a full list of eligibilities. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 37 0 U.S. DEPARTMENT OF THE TREASURY ADDITIONAL ELIGIBLE PROJECTS With broadened eligibility under the final rule, SLFRF funds may be used to fund additional types of projects— such as additional stormwater infrastructure, residential wells, lead remediation, and certain rehabilitations of dams and reservoirs — beyond the CWSRF and DWSRF, if they are found to be "necessary" according to the definition provided in the final rule and outlined below. ✓ Culvert repair, resizing, and removal, ✓ Broad set of lead remediation projects replacement of storm sewers, and eligible under EPA grant programs additional types of stormwater authorized by the Water infrastructure Infrastructure Improvements for the ✓ Infrastructure to improve access to Nation (WIIN)Act, such as lead safe drinking water for individual testing, installation of corrosion served by residential wells, including control treatment, lead service line testing initiatives, and replacement, as well as water quality treatment/remediation strategies that testing, compliance monitoring, and address contamination remediation activities, including ✓ Dam and reservoir rehabilitation if replacement of internal plumbing and primary purpose of dam or reservoir is faucets and fixtures in schools and for drinking water supply and project childcare facilities is necessary for provision of drinking water A "necessary" investment in infrastructure must be: (1) responsive to an identified need to achieve or maintain an adequate minimum level of service, which may include a reasonable projection of increased need,whether due to population growth or otherwise, (2) a cost-effective means for meeting that need,taking into account available alternatives, and (3) for investments in infrastructure that supply drinking water in order to meet projected population growth, projected to be sustainable over its estimated useful life. Please note that DWSRF and CWSRF-eligible projects are generally presumed to be necessary investments. Additional eligible projects generally must be responsive to an identified need to achieve or maintain an adequate minimum level of service. Recipients are only required to assess cost- effectiveness of projects for the creation of new drinking water systems, dam and reservoir rehabilitation projects, or projects for the extension of drinking water service to meet population growth needs. Recipients should review the supplementary information to the final rule for more details on requirements applicable to each type of investment. APPLICABLE STANDARDS& REQUIREMENTS Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions.Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 38 0 U.S. DEPARTMENT OF THE TREASURY Broadband Infrastructure The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in broadband infrastructure,which has been shown to be critical for work, education, healthcare, and civic participation during the public health emergency.The final rule broadens the set of eligible broadband infrastructure investments that recipients may undertake. Recipients may pursue investments in broadband infrastructure meeting technical standards detailed below, as well as an expanded set of cybersecurity investments. BROADBAND INFRASTRUCTURE INVESTMENTS Recipients should adhere to the following requirements when designing a broadband infrastructure project: 1. Identify an eligible area for investment. Recipients are encouraged to prioritize projects that are designed to serve locations without access to reliable wireline 100/20 Mbps broadband service (meaning service that reliably provides 100 Mbps download speed and 20 Mbps upload speed through a wireline connection), but are broadly able to invest in projects designed to provide service to locations with an identified need for additional broadband investment. Recipients have broad flexibility to define need in their community. Examples of need could include: ✓ Lack of access to a reliable high-speed ✓ Lack of affordable broadband broadband connection ✓ Lack of reliable service If recipients are considering deploying broadband to locations where there are existing and enforceable federal or state funding commitments for reliable service of at least 100/20 Mbps, recipients must ensure that SLFRF funds are designed to address an identified need for additional broadband investment that is not met by existing federal or state funding commitments. Recipients must also ensure that SLFRF funds will not be used for costs that will be reimbursed by the other federal or state funding streams. 2. Design project to meet high-speed technical standards. Recipients are required to design projects to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds. In cases where it is not practicable, because of the excessive cost of the project or geography or topography of the area to be served by the project, eligible projects may be designed to reliably meet or exceed 100/20 Mbps and be scalable to a minimum of symmetrical 100 Mbps download and upload speeds. Treasury encourages recipients to prioritize investments in fiber-optic infrastructure wherever feasible and to focus on projects that will achieve last-mile connections. Further,Treasury encourages recipients to prioritize support for broadband networks owned, operated by, or affiliated with local governments, nonprofits, and co-operatives. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 39 0 U.S. DEPARTMENT OF THE TREASURY 3. Require enrollment in a low-income subsidy program. Recipients must require the service provider for a broadband project that provides service to households to either: ✓ Participate in the FCC's Affordable ✓ Provide access to a broad-based Connectivity Program (ACP) affordability program to low-income consumers that provides benefits commensurate to ACP Treasury encourages broadband services to also include at least one low-cost option offered without data usage caps at speeds sufficient for a household with multiple users to simultaneously telework and engage in remote learning. Recipients are also encouraged to consult with the community on affordability needs. CYBERSECURITY INVESTMENTS SLFRF may be used for modernization of cybersecurity for existing and new broadband infrastructure, regardless of their speed delivery standards. This includes modernization of hardware and software. APPLICABLE STANDARDS& REQUIREMENTS Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions.Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 40 0 U.S. DEPARTMENT OF THE TREASURY Restrictions on Use While recipients have considerable flexibility to use Coronavirus State and Local Fiscal Recovery Funds to address the diverse needs of their communities, some restrictions on use of funds apply. OFFSET A REDUCTION IN NET TAX REVENUE • States and territories may not use this funding to directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation, or administrative interpretation beginning on March 3, 2021,through the last day of the fiscal year in which the funds provided have been spent. If a state or territory cuts taxes during this period, it must demonstrate how it paid for the tax cuts from sources other than SLFRF, such as by enacting policies to raise other sources of revenue, by cutting spending, or through higher revenue due to economic growth. If the funds provided have been used to offset tax cuts,the amount used for this purpose must be repaid to the Treasury. DEPOSITS INTO PENSION FUNDS • No recipients except Tribal governments may use this funding to make a deposit to a pension fund. Treasury defines a "deposit" as an extraordinary contribution to a pension fund for the purpose of reducing an accrued, unfunded liability. While pension deposits are prohibited, recipients may use funds for routine payroll contributions connected to an eligible use of funds (e.g.,for public health and safety staff). Examples of extraordinary payments include ones that: X Reduce a liability incurred prior to the x Occur at the regular time for pension start of the COVID-19 public health contributions but is larger than a regular emergency and occur outside the payment would have been recipient's regular timing for making the payment ADDITIONAL RESTRICTIONS AND REQUIREMENTS Additional restrictions and requirements that apply across all eligible use categories include: • No debt service or replenishing financial reserves. Since SLFRF funds are intended to be used prospectively, recipients may not use SLFRF funds for debt service or replenishing financial reserves (e.g., rainy day funds). • No satisfaction of settlements and judgments. Satisfaction of any obligation arising under or pursuant to a settlement agreement,judgment, consent decree, or judicially confirmed debt restructuring in a judicial, administrative, or regulatory proceeding is itself not an eligible use. However, if a settlement requires the recipient to provide services or incur other costs that are an eligible use of SLFRF funds, SLFRF may be used for those costs. • Additional general restrictions. SLFRF funds may not be used for a project that conflicts with or contravenes the purpose of the American Rescue Plan Act statute (e.g., uses of funds that Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 41 U.S. DEPARTMENT OF THE TREASURY undermine COVID-19 mitigation practices in line with CDC guidance and recommendations) and may not be used in violation of the Award Terms and Conditions or conflict of interest requirements under the Uniform Guidance. Other applicable laws and regulations, outside of SLFRF program requirements, may also apply (e.g., laws around procurement, contracting, conflicts-of-interest, environmental standards, or civil rights). Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 42 0 U.S. DEPARTMENT OF THE TREASURY Program Administration The Coronavirus State and Local Fiscal Recovery Funds final rule details a number of administrative processes and requirements, including on distribution of funds,timeline for use of funds,transfer of funds,treatment of loans, use of funds to meet non-federal match or cost-share requirements, administrative expenses, reporting on use of funds, and remediation and recoupment of funds used for ineligible purposes.This section provides a summary for the most frequently asked questions. TIMELINE FOR USE OF FUNDS Under the SLFRF,funds must be used for costs incurred on or after March 3, 2021. Further, costs must be obligated by December 31, 2024, and expended by December 31, 2026. TRANSFERS Recipients may undertake projects on their own or through subrecipients,which carry out eligible uses on behalf of a recipient, including pooling funds with other recipients or blending and braiding SLFRF funds with other sources of funds. Localities may also transfer their funds to the state through section 603(c)(4), which will decrease the locality's award and increase the state award amounts. LOANS Recipients may generally use SLFRF funds to provide loans for uses that are otherwise eligible, although there are special rules about how recipients should track program income depending on the length of the loan. Recipients should consult the final rule if they seek to utilize these provisions. NON-FEDERAL MATCH OR COST-SHARE REQUIREMENTS Funds available under the "revenue loss" eligible use category(sections 602(c)(1)(C) and 603(c)(1)(C) of the Social Security Act) generally may be used to meet the non-federal cost-share or matching requirements of other federal programs. However, note that SLFRF funds may not be used as the non- federal share for purposes of a state's Medicaid and CHIP programs because the Office of Management and Budget has approved a waiver as requested by the Centers for Medicare & Medicaid Services pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations. SLFRF funds beyond those that are available under the revenue loss eligible use category may not be used to meet the non-federal match or cost-share requirements of other federal programs, other than as specifically provided for by statute. As an example,the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements of authorized Bureau of Reclamation projects and certain broadband deployment projects. Recipients should consult the final rule for further details if they seek to utilize SLFRF funds as a match for these projects. ADMINISTRATIVE EXPENSES SLFRF funds may be used for direct and indirect administrative expenses involved in administering the program. For details on permissible direct and indirect administrative costs, recipients should refer to Treasury's Compliance and Reporting Guidance. Costs incurred for the same purpose in like circumstances must be treated consistently as either direct or indirect costs. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 43 0 U.S. DEPARTMENT OF THE TREASURY REPORTING,COMPLIANCE& RECOUPMENT Recipients are required to comply with Treasury's Compliance and Reporting Guidance, which includes submitting mandatory periodic reports to Treasury. Funds used in violation of the final rule are subject to remediation and recoupment. As outlined in the final rule,Treasury may identify funds used in violation through reporting or other sources. Recipients will be provided with an initial written notice of recoupment with an opportunity to submit a request for reconsideration before Treasury provides a final notice of recoupment. If the recipient receives an initial notice of recoupment and does not submit a request for reconsideration,the initial notice will be deemed the final notice.Treasury may pursue other forms of remediation and monitoring in conjunction with, or as an alternative to, recoupment. Coronavirus State&Local Fiscal Recovery Funds:Overview of the Final Rule U.S. Department of the Treasury 44 ,Ky of SARgp ADMINISTRATIVE SERVICES L D 9 Memorandum VIA To: City Council Finance Committee From: Nick Pegueros, Administrative Services Director Date: February 14, 2022 Subject: FY 2022-23 Operating and Capital Improvement Program Budget Process BACKGROUND The purpose of this memorandum is to transmit the FY 2022-23 budget development processes. Recent staff transition in Administrative Services requires some minor modifications this year with no impact on the overall timeframe for City Council consideration of the FY 2022-23 budget. DISCUSSION The City's award-winning budget outlines a budget process that greatly assists in public understanding of the City's budget process. The following highlights several modifications from the previous year: Operating Budget The most significant modification to the public process is the annual retreat, typically held in late January and originally scheduled for January 28, 2022. City staff traditionally transmits the mid-year budget report and five-year financial forecast to kick off the budget process during this retreat. Both reports will be provided in March. Additionally, City Council modified the purpose of the annual retreat to continue their discussion of the Housing Element. Capital Improvement Program (CIP) Attachment A summarizes City Council and City staff nominated projects for Finance Committee information. The City Council CIP study session is tentatively scheduled for April 6. Master Fee Schedule (MFS)Updates The annual MFS review is scheduled to begin in February. This year, it has the unique challenge of assessing the impact of staggering increases in the consumers'price index (CPI) on the cost of City services. The MFS timeline may require adjustment as the analysis progresses is expected to be completed in March. City staff will transmit an update to the Finance Committee at their March 17 meeting. Attachments A. City Council and City staff nominated FY 2022-23 Capital Improvement Program projects City of Saratoga Capital Improvement Program Projects As of 2/14/22 Park In Lieu Roadway Taxes CIP Fund Fund and Fees Grants 1 Policy Funding:Contributions and Goals Roadway Infrastructure Maintenance&Repairs (250,000)I Retaining Wall Maintenance&Repairs (200,000); - Parks,Trails,Grounds&Median Replacement (250,000): - Roadway Safety and Traffic Calming (150,000): - Public Art Infrastructure Projects (25,000); - Hakone Improvements (25,000): - I Annual Roadway Improvement Plan - - i (2,000,000)1 Subtotal Contributions&Goals (900,000) - (2,000,000); 2 Recommended Increases to Existing Projects I I I Annual Roadway Improvement Plan (#9111-003) (615,635); Saratoga Sunnyvale Rd Pathway Rehab Cox to Railroad(#9142-022) (100,000); - Annual Infrastructure Maintenance&Repair(#9141-005) (100,000): - Orchard Irrigation and Tree Replacement(#9221-002) - (30,000) ADA Self-Assessment&Transition Plan(#9443-003) (175,000); - Subtotal-Increase to Existing Projects (375,000) (30,000)1 (615,635)1 3 City Council Nominated Projects ' Joe's Trail Phases 2 and 3 - (396,000) (3,054,000) Subtotal-City Council nominated projects - (396,000); (3,054,000); 4 Staff Nominated FY2021-22 Unfunded Projects Herriman-Saratoga Avenue Signal (259,300); - Subtotal-FY 2021-22 nominated projects (259,300); - 5 Staff Nominated Projects Hakone Gardens Neighbor Wood Fence Replacement - (75,000); Quarry Park Maintenance Building Utility Project - (35,000): Villa Oaks Bridge Reconstruction and Erosion Control - (30,000); El Quito Park Pickleball Courts - (125,000); Village to Quarry Park Walkway-Phase 1 Hakone - (150,000): Hakone Gardens to Quarry Park Trail Gap Closure-Phase I Design&A - (150,000); Saratoga Village Clean Water Improvements - - Citywide Storm Drain Master Plan Corp yard SWPPP Compliance - - Prospect Center Green Infrastructure Park Sewer Laterals and Upgrades - - Bridge Rehabilitation Project (400,000): - Safe Routes to School Phase 1 Implementation Plan (200,000); - Quito Road Sidewalk Rehabilitation Gap Closure Phase 2 (375,000); - Traffic Signal Controller Upgrades (40,000) - Annual Accessibility ADA Transition Plan Implementation (100,000); - Subtotal-FY 2021-22 nominated projects (1,115,000); (565,000); 6 Grand total$(9,309,935) $ (2,649,300) $ (991,000) $ (2,615,635) $ (3,054,000) °` SAR,gPa�� ADMINISTRATIVE SERVICES Memorandum 1956 F0?1 To: City Council Finance Committee From: Nick Pegueros, Administrative Services Director Date: February 14, 2022 Subject: FY 2022-23 Financial Policies BACKGROUND The purpose of this memorandum is to transmit the City Council adopted FY 2021-22 financial policies to facilitate consideration of any City staff or City Council modifications for FY 2022-23. DISCUSSION City staff anticipates returning to the Finance Committee at their March 17 meeting and then seeking City Council consideration of recommended policy modifications in April. City staff will limit their recommendations to those legally required or present an opportunity for operational efficiencies. Attachments A. Fiscal Management Policy Statements B. Investment Policy C. Debt Management Policy D. Community Funded Infrastructure Projects INTRODUCTION SECTION FISCAL MANAGEMENT POLICY STATEMENTS The City of Saratoga practices fiscal responsibility through conservative financial management, and cautious, sustainable, and enforceable fiscal policies and internal controls to ensure prudent and efficient use of resources. Policies and controls represent long-standing accounting, budgeting, debt, investment, and reserve principles and practices,and are the foundation upon which the City prepares its Long-Term Financial Plan. Saratoga's general fiscal management policy statements provide a summary overview of financial, operational, and budgetary management, in one comprehensive centralized format to act as guidelines and to assist elected officials and staff with understanding the City's financial practices for fiscal operations. Detail level fiscal policies are administrative in nature and therefore not included in the budget document. However, fiscal policies that rise to Council review and impact budgetary decision making are incorporated into the budget document for annual adoption by Council. Currently this includes the Fund Balance Reserve Policy and the Capital Project Process Policy which follows this section. Other Council defined policies will be added as directed. The Summary Fiscal Management Policy Statements in this document are organized into the following categories: • General Financial Principles • Investments • Appropriations and Budgetary • Long-Term Debt Control • Long-Term Financial Planning • Auditing and Financial Reporting • Pension Funding • Capital Improvement Planning • Revenues • Development Related Financial • Risk Management Policies • Treasury Management • Expenditures and Purchasing • Trust&Agency Policies • Fixed Assets and Infrastructure • User Fees • Grants&Donations • Internal Service Funds GENERAL FINANCIAL PRINCIPLES • The City shall ensure prudent financial practices are incorporated into operational procedures to ensure fiscal integrity and safeguard the City's assets. • The City's fiscal policies are structured to ensure fiscal responsibility,accountability,transparency,and efficient use of resources. Fiscal policies are to be reviewed,updated,and refined as necessary,with general policy level decisions brought to City Council for review and approval as Council Policies,and administrative and operational level functions approved by the City Manager as Administrative Policies. • Proposed revisions to the Fiscal Management Policy Statements and Council Policies are reviewed by the Finance Committee and then provided to the entire City Council at the annual Council Retreat or Budget Study Session. Council members are asked to provide comments or suggestions for revisions to the Administrative Services Director with the final draft made available for review by the entire Council prior to adoption. • The City's primary long-term financial goals seek to maintain the City's fiscal health,preserve essential services, reduce financial risk, and support short and long-term administrative, financial, and operational goals in a financially judicious manner. Long-term financial and infrastructure planning and the annual adoption of a structurally balanced budget provides the foundation to these long-term financial goals. The City shall promote and implement strong internal financial controls to manage risks and monitor the reliability and integrity of financial transactions and operational activities. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION • Financial information shall be provided in a relevant,thorough, and timely manner,to effectively communicate the City's financial status to the Council,residents,employees,and all other interested parties. • Financial stability goals and judicious responsiveness shall be the foundation upon which proactive and advantageous financial decisions are made, and which guide the City's response to local, regional, and broader economic changes through the years. • The City shall undertake,adopt,and integrate new initiatives or programs in a cautious,well planned manner to support the City's long-term ability to maintain essential services and infrastructure at the level and quality required by its residents. • The City Council's financial, operational, and community goals, objectives, and policies are incorporated into and implemented with the development and adoption of the City's Operating and Capital Budgets. • Efforts will be coordinated with other governmental agencies and joint power associations to achieve common policy objectives, create beneficial opportunities and services for the community, share the cost of providing governmental services,and support legislation favorable to cities at the state and federal level. • The City shall develop and incorporate long-term financial planning tools to promote strategic analysis and prioritization of financial resources in decision making. • Replacement plans shall be maintained for fixed assets,such as vehicles,equipment,park infrastructure,building fixtures and equipment,and technology infrastructure. • Efficient major infrastructure funding requires comprehensive and long-term Master Plans. The City shall endeavor to develop major infrastructure maintenance and replacement plans for roadways, bridges, retaining walls,storm drains,streetlights,and similar infrastructure. APPROPRIATIONS AND BUDGETARY CONTROL • The City Council shall adopt an annual balanced operating budget and the first year of an integrated five-year capital improvement plan budget by June 30'of each year,to be effective for the following fiscal year running from July 1 st through June 30t''. Balanced budgets present budgeted sources in excess of budgeted uses. Budgeted "Sources" include Revenues, Transfers In, and Appropriated Uses of Fund Balance. Budgeted"Uses" include Expenditures and Transfers Out. Operating and Capital Budgets are to align with the City's long-term financial goals. • Each year,Finance&Administrative Services Department staff provides;a short recap of the prior-year budget; a mid-year budget status report;and an updated five-year financial forecast to the City Council,typically at the Annual Council Retreat(scheduled in late January or early February). This annual review assists Council with formulating direction for long-range fiscal planning,Operating Budget development,and capital project funding appropriations. • Budgets are prepared on the same basis of accounting used for financial reporting: governmental fund types (General,Special Revenue,and Debt Service)are budgeted according to the modified accrual basis of accounting; proprietary funds(Internal Service Funds)and fiduciary funds(Custodial Funds)are budgeted under the accrual basis of accounting. • The Operating Budget is primarily funded with current year revenues. Dedicated fund balance reserves,such as the Carryforward or Fiscal Stabilization Reserves represent prior-year savings designated for specific uses,which may be used to fund current year operational expenses in accordance with their purpose,upon Council approval. • Additionally,a minimal base amount of$500,000 remains in the Unassigned Fund Balance Reserve at year-end to provide the first layer of fiscal protection for unanticipated operational shortfalls or unforeseen needs in the following fiscal year. • The Capital Budget is funded with both prior-year surplus funding and dedicated capital funding resources. Dedicated funding sources include Gas Tax(HUTA)revenues,VTA Measure B funding,road impact assessment CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION revenues; project revenues and reimbursements; community benefit assessments; and federal, state, local, and private grants. • In practice,budgeted revenues are conservatively stated, and budgeted expenditures are funded at the full level required to meet annual operational and capital improvement goals. With effectively managed revenue streams and efficient use of resources, fiscal year-end operational budget surpluses are typically available to fund future capital improvement projects and contribute to the City's fiscally responsible reserve accounts. • The City Council maintains budgetary control at the fund level; any changes in total fund appropriations during the fiscal year must be submitted to the City Council for review and Council majority approval. Operating Budget appropriations lapse at the end of each fiscal year unless specifically carried forward by appropriation in the following fiscal year's budget. Capital Budget appropriations are structured as a multi-year workplan;therefore, project expenditure balances are automatically carried forward to the following fiscal year as part of the annual budget adoption until funding is exhausted,modified,or the project is completed. • The City's adopted budget shall comply with State law that limits annual budget expenditures to the appropriation limit calculated in accordance with Article XIIIB of the Constitution of the State of California. Known as the Gann Limit,the City Council adopt an annual resolution to this effect. • The City Manager is authorized to implement the City's workplan as approved in the adopted budget. Within a specific fund, the City Manager has the discretion to adjust appropriations between categories, departments, programs, and projects as needed to effectively operate, provided the fund's total appropriation amount is not changed. An example would be to backfill a vacant salaried position with a contract service,therefore shifting budgeted funds from wage and benefit appropriations to an operating expense expenditure within the Operating Expense appropriations. The City Manager also has the authority to withhold filling the position for a time if conditions warrant a delay. • Generally, recurring expenditures are funded with recurring revenues, or with revenues specifically designated for operational use. One-time expenditures may be funded with one-time revenues or fund balances reserves. Fund balance reserves are to be used for non-recurring one-time expenditures and capital projects. • In compliance with Council's Fiscal Stewardship goal, fiscal stability and sustainability principles are incorporated into budget planning. Appropriating adequate funds on an annual basis for the replacement and maintenance of assets through Internal Service Funds, prioritizing infrastructure maintenance and repair in the capital budget, and institutionalizing prudent payment strategies for long-term liabilities are foundational strategies of fiscal stability and sustainability. • The City Council appropriates $50,000 annually to a `Council Discretionary account' to provide Council with funding for unplanned expenditures. Council direction and consensus approval is required to utilize these funds. AUDITING AND FINANCIAL REPORTING • California State statutes require an annual financial audit of the City's financial records and transactions by independent Certified Public Accountants. The City shall comply with Generally Accepted Accounting Principles (GAAP) and produce annual financial reports pursuant to Governmental Accounting,Auditing, and Financial Reporting(GAAFR)guidelines. The independent auditor will issue an audit opinion to be included in the City's Comprehensive Annual Financial Report(CAFR)testifying to the financial report's conformance with accounting principles. • Additional financial reports issued by the Auditor's may include: Singe Audit Report(annual report of federal grant expenditures if in excess of the federal single audit limit is expended in a fiscal year), a Transportation Development Act (TDA) report (annual report of TDA fund expenditures), an Appropriations Limit review report(to establish tax revenue appropriation limit),and a Management report on the City's Internal Controls. • The City shall submit the CAFR to the Governmental Finance Officers Association(GFOA)Financial Reporting Program each year for review,and if in compliance with the program's requirements,apply to receive an award for meeting GFOA's financial reporting standards. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET ' INTRODUCTION SECTION • Regularly scheduled external Financial Reports include the following: • State required Annual Cities Report and Annual Streets Report completed in conjunction with the year- end close. • State required Annual Debt Transparency Report for any debt issued after January 21,2017. • California Debt and Investment Advisory Commission's (CDIAC) Mello-Roos Community Facilities District(CFD)Fiscal Status Report for CFD bond debt. • Quarterly SMIP(Seismic Motion)fee reconciliation reports;CASp(ADA Accessibility)reconciliation reports:and California Building Standard Commission(green building standards)reconciliation reports. • Quarterly Use Tax Reports to remit uncollected sales tax to the State Board of Equalization. • SB90 Mandated Cost reports for claims to comply with State regulated legislation. • Annual UST Certification report to show fiscal responsibility for the City's underground storage tanks. • Annual Possessory Interest Report submitted to the County's Assessor's Office to report City-owned leased property. • Regularly scheduled internal Financial Reports include the following: • Weekly check registers and monthly Cash and Investment Treasurer Reports are submitted for review and approval at City Council meetings. • Quarterly financial reports provide a status update on General Fund revenues and expenditures for the first,second,and third quarters. • A mid-year budget status report is presented to City Council in February each year to provide a comprehensive financial overview of the current year's budget and to propose recommended budget adjustments as appropriate. • A year-end financial recap is provided after the City's annual financial audit is completed. CAPITAL IMPROVEMENT PLANNING • The Capital Improvement Plan is an ongoing process through which the City identifies,prioritizes,and develops a multi-year workplan for major capital expenditures and their associated funding sources, in the effort to improve and maintain the City of Saratoga's roadways, parks, and facility infrastructure. Non-infrastructure projects may also be included in the CIP under the Administrative&Technology programs if they are one-time, operational efficiency,technology,or multi-faceted administrative projects. • Generally, CIP improvements are major expenditures that have a multi-year life span and result in becoming City assets. The City's standard definition of a Capital Improvement Plan project is for the construction, acquisition,rehabilitation,or non-routine maintenance work that generally costs$25,000 or more,with a useful life of at least 5 years at a fixed location. The City also includes projects under$25,000 if they include staged or ongoing improvement projects,or if they are significant multi-year projects. • Capital Planning is developed and prioritized through infrastructure and operational assessments of asset maintenance plans, urgent mitigation needs to prevent structure or system failures, health and safety issues, federal or state mandates,availability of city and external funding,efficiencies,impacts if project not completed, business or community input/demand,and short-term vs long term cost of replacement considerations. • The Capital Improvement Plan includes funded capital improvement projects,typically scheduled for completion within the five year plan timeline,with cost estimates based on current year dollars. Project estimates are updated as needed,due to price changes,design specifications,or project scope adjustments. • Departmental staff research and prepare project proposals for review by Department Directors. Directors meet with the City Manager to identify and collaborate on approved proposals. Additionally,City Council members may propose projects during City Council meetings, for which if seconded, staff will research and prepare project proposals. Finalized project proposals are brought to Council for review. Council then collectively directs which project proposals are to be funded and included in the following year's Proposed Capital Improvement Plan Budget in accordance with available funding. Council also determines what projects shall be included on the Unfunded Project List for future consideration. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET 1 INTRODUCTION SECTION • The five-year Capital Improvement Plan (CIP) is updated annually in conjunction with the operating budget. While the CIP reflects the current and changing needs of the community as well as enhancements to improve the quality of the community, Council prioritizes the maintenance of City infrastructure to safeguard the public's safety and reduce maintenance costs over the long-term. The first year of CIP funding is adopted annually to authorize current year appropriations,which includes any remaining funds appropriated in the prior year's CIP. • The CIP is categorized into programs by project type. The four programs include: Street Improvements,Park &Trail Improvements,Facility Improvements,and Administrative&Technology Improvements. • All projects within the CIP programs are appropriated,managed, and tracked as separate funding entities,with each project's financial status reported on a monthly basis in the Treasurers Report. • Project updates are recorded in the annual Capital Budget, with narrative, timeline, and financial summary information updated with each published budget document. • Capital improvements that specifically benefit a select group of users and/or are fee-for-service based are to be financed through user fees, service charges,special assessments and taxes,or development impact fees. • The City shall identify and dedicate capital improvement related funding directly to the CIP and to maximize the use of grant funding for capital improvement projects. • Grants,insurance,or other reimbursement funding is to be returned to the expenditure's funding source,unless otherwise directed by Council. For instance, Hillside Reserve funded projects that receive insurance reimbursement payments are to be returned to the Hillside Reserve,and grant reimbursements for projects funded through the CIP Reserve are to be returned to the CIP Reserve when payment is received. • After completion of the prior year's audit and the General Fund's priority funding requirements are met, the remaining net operations are moved into the Capital Project Reserve at year end. Proposed uses for the Capital Project Reserve fund is reviewed by Council,with preliminary allocation direction voted upon by Council at the Budget Study Session in April. This direction is presented at the Proposed Budget Hearing in late May or early June,with Final CIP funding direction determined by Council with Budget Adoption in June. • Council has designated the following capital projects as fundamental to maintaining City infrastructure on an ongoing basis,and shall therefore have priority status for available Capital Improvement Reserve funding: The below funding allocations are guidelines to be reviewed by Council for budget direction each fiscal year: * $250,000—Roadway Infrastructure Maintenance&Repairs(for Sidewalk,Storm Drains,Curb&Gutter, and Bridge Maintenance) * $200,000—Retaining Wall Maintenance&Repairs * $250,000—Parks,Trails,Grounds&Median Replacement Funding * $150,000—Roadway Safety and Traffic Calming $ 25,000—Public Art Infrastructure Projects $ 25,000—Hakone Improvements • The Roadway Maintenance and Repair (RM&R) CIP project is the primary CIP project funded in support of Council's goal to maintain Saratoga city streets at an average 70 PCI rating. On occasion,separate street specific resurfacing projects are established that also contribute toward this goal. In FY 2016/17,Council established a $2 million minimum annual funding goal. Funding comes primarily from dedicated Gas Tax Revenue and from Vehicle Impact Fees assessed on the Solid Waste Services contract provider. This CIP project encompass roadway repairs,resurfacing, and rehabilitation projects,traffic light, curb and gutter, and other miscellaneous repairs,striping and signage,and assorted street materials and supplies. DEVELOPMENT RELATED FINANCIAL POLICIES • Most planning and building services are provided for business and individual benefit rather than for the general community's benefit. As such, the Community Development Department planning application and building permit fees are established at rates to recover the full cost of the service provided. However,a number of services CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION provided by the department are not fee based(code compliance,event permits,etc.),hence the department is not full-cost recovery based overall. • The Williamson Act, also known as the California Land Conservation Act, was passed by the California Legislature in 1965 to encourage rural & agricultural land-owners to keep their land undeveloped. When land- owners enter into a contract under the act,they benefit from lower property taxes,which are based on the property's current use,rather than paying market value-based tax rates. In exchange,the property is to remain undeveloped and continue to function in the same manner for the duration of the contract. Contracts are valid for 10 years and are automatically renewed unless the farmer or rancher cancels it. The City does not limit the number of Williamson Act contracts entered into each year. • The Mills Act is State-sponsored legislation granting local governments the authority to enter into an agreement with property owners to allow reduced property tax payments in return for the restoration and continued maintenance of their historic property. The property must be privately owned and on a local, state, or national register of historic places. After the initial 10-year contract expires, the contract may extend one year annually unless either party elects to non-renew. Since the agreement reduces the property tax assessment,the City receives a smaller share of property tax revenue in comparison to a property that is assessed at market value. Per State law, the County Assessor is required to recalculate each individual property's tax assessment each year, based upon a variety of stated market factors. This results in reductions that are specific to each property,with some benefiting more than others. The City will allow approval of up to three Mills Act Contracts per year. EXPENDITURES AND PURCHASING • All expenditures shall be in accordance with the City's purchasing policy, travel policy, credit card policy, contract policy and public contract code,state or federal law,or any other applicable guidelines or regulations. • Expenditures are managed at the program level. Program managers are to ensure expenditures do not exceed the budgeted workplan and must take immediate action if at any time during the fiscal year an operating deficit is projected at year-end. Corrective actions may include expenditure reductions, service reductions, or with Council approval,budget adjustments to increase the program budget. • The City's current purchasing policy establishes purchasing authority levels, purchasing procedures, and procedural requirements,for the procurement of supplies,equipment,and services,in conformance with Federal and State codes and regulations,and City Ordinance No.2-45. • Public Work projects governed by the State's Public Contract Code are excluded from provisions of the City's purchasing policy. • Guidelines established by the City's Purchasing Policy directs the City's departments to purchase the best value obtainable, securing the maximum benefit for funds expended, while providing all qualified vendors an equal opportunity to do business with the City. • Services and supplies purchases that exceed $5,000 require written quotes and must be approved by the Purchasing Officer or designee,typically through the Purchase Order process. Documentation is to be retained by the department in accordance with the Record Retention Policy and schedule. • Services,supplies,and fixed asset purchases exceeding$25,000 must be authorized by the City Council,unless purchase is specifically identified as approved in the adopted budget or excluded under the Purchasing Policy. • City departments shall conduct quarterly program and capital project reviews to determine if projected operating revenues and expenditures meet budgeted expectations. If an operating deficit is projected to occur at year-end, the departments shall evaluate and implement corrective actions as needed and notify Council before services will be impacted. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION FIXED ASSETS AND INFRASTRUCTURE • Tangible assets with a cost equal to or greater than$10,000 and a useful life of more than one year are considered fixed assets and added to the capitalization schedules. Repairs and maintenance of infrastructure assets will generally not be subject to capitalization unless the expense extends the useful life of the asset. • The City will sustain a long-range fiscal perspective through the use of a five-year Capital Improvement Plan designed to maintain the quality of City infrastructure, and through Internal Service Fund programs to both maintain and replace operational infrastructure, such as City buildings, fixtures, and equipment, vehicles and public works equipment,and technology related equipment on an ongoing basis. • A Capital Asset system will be maintained to identify all City assets, their condition, historical and estimated replacement costs, and useful life. Asset information is retained to provide information for preparation of financial statements in accordance with GAAP and compliance with GASB 34 requirements. • Infrastructure management systems are to be developed and maintained to provide long-term financial and operational planning. These shall include various roadway system management programs, storm drain system management plans,bridge replacements,street signal system replacements,and all other infrastructure categories that require significant financial resources to fund eventual replacement needs. • Information Technology software,hardware,and auxiliary equipment and system assets are tracked and funded through the Operating Budget's Internal Service Replacement Fund, whereas annual appropriations in the Information Technology Services program budget funds most ongoing license,maintenance,and security costs. GRANTS&DONATIONS • The City recognizes the value of grants and donations to extend pre-existing services, introduce new initiatives, add artistic and cultural infrastructure, implement technological advances, and subsidize programmatic staffing for public safety,recreational activities,development support, social services,homeland security,and economic efforts. • City will seek to obtain and effectively administer federal, state, local, foundation,business, and private grants that support the City's priorities and provide a benefit to the City, with grant requirements taken into consideration. • City staff shall notify City Manager of grant proposals prior to submitting a grant application. If approved to pursue,requesting department's staff are responsible for all aspects of the grant process,including preparing and submitting grant proposals, preparing staff reports, ordinances and resolutions if needed, developing grant implementation plans, managing the grant program,preparing and submitting reports to grantors, and properly closing out grant projects. Staff shall work with Finance staff to track grant funding and expenses,and to generate grant payment requests. • The acceptance of grant funding will be assessed for both immediate and long-term costs and benefits to the City. For example,a grant to construct infrastructure would incur future ongoing maintenance costs. These costs shall be disclosed with the grant application and/or pre-award notice. • All accepted grants and donations are to have assigned staff,known as the Grant/Donation Administrator,who is responsible for grant/donation oversight to ensure rigorous adherence to the grant or donation's related activity, ensure accountability for financial and ethical administration,and is consistent with the City's strategic priorities. • Infrastructure addition or improvement grants in excess of$10,000 shall be brought to the Council for review and approval. • Operating Services grants, such as funding for health and safety programs that primarily utilize staff or contract service,or pay for material and supplies to accomplish the grant objectives may be approved by the City Manager up to the City Manager's current purchasing limit of$25,000. • The City Council's Public Art Policy establishes public art grant and donation authorization approval levels. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION • Donations may be accepted in accordance with the City of Saratoga Donation Policy most recently approved by the City Council. Under the current policy,unrestricted donations of$5,000 or less may be accepted or declined by the City Manager. Restricted donations of$500 or less may be accepted or declined by the City Manager. Unrestricted donations of more than $5,000 and restricted donations of more than $500 must be brought to the City Council for consideration. The City Manager may choose to request City Council consideration of any donation,regardless of value. INTERNAL SERVICE FUNDS • Internal Services Funds are established to both equitably allocate operating costs to departments for support and maintenance services,and to stabilize and spread the City's replacement and operational costs over fiscal years for the purpose of providing an accurate and balanced long-range fiscal perspective of the use of services and assets. • Vehicles, Equipment, and Building asset replacement and maintenance types of Internal Service Funds are structured to provide a consistent level of funding for asset and equipment replacement,and to ensure sufficient funding is available for the regular maintenance,repair,and replacement of the City's vehicles,equipment,and building fixtures in an ongoing manner. • Technology and Office Equipment replacement and maintenance Internal Service Funds are structured to provide a consistent level of funding for the replacement of assets and projects, and to appropriately distribute support and maintenance costs to City departments. • The Liability and Workers Compensation Insurance Internal Service Funds shall maintain adequate reserves to pay all valid self-insured claims and insurance deductibles,including those incurred but not reported,in order to keep the insurance funds actuarially sound. Additionally, funding is used to maintain required safety related documents,such as the City's ADA Transition Plan,and the Industrial Injury Prevention Plan(IIPP). • Each Internal Service Fund will set recovery charges at rates sufficient to meet all operating expenses, depreciation,and fund balance reserve policy objectives. INVESTMENTS • The City maintains a detail-level Council approved Investment Policy that outlines the goals of fiscal security and investment risk levels allowed to achieve the City's stated security restrictions and investment objectives. The Investment Policy is brought to Council for review and adoption each year,just prior to the beginning of the fiscal year. • The policy shall comply with the State's California Debt and Investment Advisory Commission (CDIAC) guidelines for the practice of public finance. • Fund Reserves and excess operational funding reside in the State managed Local Agency Investment Fund(LAIF) unless expressly approved by the City Council's Finance Committee to invest in other vehicles approved in the City's Investment Policy. • The City's Finance&Administrative Services Department shall oversee Treasury functions and submit a monthly Treasurer's Report to report on City funds,investments,and interest earnings. LONG-TERM DEBT • The City maintains a Council approved Debt Policy to provide clear direction on debt issuance. Existing debt shall comply with all legal and reporting requirements to ensure the City is in compliance with State regulations, GASB guidelines,and transparency efforts. • The City shall seek to maintain a high credit rating through sound financial practices as a foundational financial objective,in order to obtain the lowest possible borrowing cost,and maintain financial responsibility. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION • The City does not incur debt for operational purposes or capital improvements as a standard practice. Under extraordinary circumstances,the City may seek voter approval for General Obligation(GO)Bond Debt for city- wide major infrastructure rehabilitation,or through Community Facility District Bonds for specific community desired infrastructure improvements. • Long-term Financing Debt is typically incurred for capital improvements or special projects that cannot be financed from current or dedicated revenues,or for large liabilities resulting in significant financial impacts. In principle,long-term debt is used only if the debt service requirements do not negatively impact the City's ability to meet future operating,capital,and cash reserve policy requirements. • Through City Council approval,the City may function as a bonding conduit for special districts. This may occur when a neighborhood or distinct area is seeking to improve private or cooperatively owned infrastructure, such as private roads or water system cooperatives. A special district may also be established to improve publicly owned infrastructure,such as a neighborhood park or a parking lot. • For special district debt offerings,the City shall require full liability protection and cost recovery as necessary to protect the City and mitigate the cost associated with such actions. • The term for repayment of long-term financing shall not exceed the expected useful life of the project or extend beyond functionally appropriate payment terms. Additionally, financing payment terms must be established at a manageable funding level or reasonable assessment level. • The City shall monitor all forms of debt in conjunction with budget development throughout the year and will report concerns and remedies to the City Council if needed. • The City will ensure compliance with bond covenants,providing financial information to reporting parties as required under the terms of the contract or State law. • The City will comply with Government Code Section 43605 limitations on debt,which limits general obligation indebtedness to an aggregate 15%of the assessed value of all real and personal property of the City. LONG-TERM FINANCIAL PLANNING • City policy is to develop, build upon, and incorporate long-term financial planning processes into a comprehensive plan that provides Council,staff,and the public with the resources to understand issues impacting the City's financial condition,and the tools with which to make informed decisions. • The City's Long-Term Financial Plan(LTFP)shall include various analyses and documents that support financial planning efforts, including a financial forecast and analysis, fiscal policies, revenue descriptions and trend analysis,an annual pension review,the City's Strategic Plan,the Capital Improvement Plan and funding analysis, Information Technology Strategic Plan,and numerous asset and infrastructure master plans. While the financial trend analysis and forecast is the foundation of the LTFP, the entirety of the various documents provide a comprehensive outlook on many operational fronts. • Long-Term Financial Planning is an ongoing event that begins at the Council Retreat to review Strategic Plan goals and the current financial situation at the mid-year point, and as the starting point for the following years budget process. Trends,critical or concerning issues,policy changes,new initiatives and priorities,new resource requirements,and potential impacts and opportunities are reviewed in conjunction with financial projections for the future. Direction is compiled into the following year's budgets,and plans are updated throughout the year,as needed. • Council shall review a General Fund revenue, expenditure,and financial position forecast of at least five-years, to garner a longer-term perspective of current fiscal expectations and fairly-reliable projected fiscal impacts in the effort to anticipate or mitigate operational changes for the near future. Because funds other than the General Fund are both specific and limited in nature,they are not currently included in the annual review. However,staff shall assess the funds and incorporate any items of concern into the forecast discussion. • Revenues shall be described, documented, and properly classified with historical trend analysis and known upcoming impacts built into forecast projections. Projections should be conservative,with those revenues of a CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION more volatile nature projected with a greater conservative weight than those known to be consistent and dependable. Additional factors, such as unsustainable growth, shall also be identified and folded into the projections with caution. • Expenditures are classified by category in summary but forecast by individual programs application in detail. This methodology allows for greater specificity and accuracy in workplan expectations,while providing a broader view of trends. These trends are utilized for longer perspectives in the forecast analysis,strategic planning,asset management,capital prioritization and funding decisions,and funding gap analyses within the LTFP. • A Reserve Analysis is conducted to review and recommends appropriate levels of reserves per the needs of the reserve purpose,the priority of the reserve over other needs,and compliance with GFOA recommendations and legal requirements. PENSION FUNDING • In the pursuit of prudent fiscal practices and long-term financial sustainability, the City seeks to mitigate the overall cost of pension benefits, and prior year liabilities. Several strategies are utilized,which includes lower tier pension benefits,lump sum prepayments,and accelerated payments. • The City has three Miscellaneous Employee Pension Plan tiers: ♦ Tier I for employees hired prior to May 12,2012 ♦ Tier II for employees hired on/after May 12,2012,and"Classic"employees hired on/after January 1,2013 ♦ Tier III/PEPRA,for employees entering into the Ca1PERS pension plan system on/after January 1,2013 Tier I provides a 2%at 55 pension benefit. Tier II provides a 2%at 60 pension benefit. Tier III/PEPRA provides a 2%at 62 pension benefit. • In FY 2014/15,with Ca1PERS change to their pension funding methodology,Council paid off a large portion of the UAL liability and then established an alternative to Ca1PERS 30-year repayment policy to contribute an annual amount approximately equal to double the minimum Annual Required Contribution(ARC)due at the five-year mark. The intent was to lower the overall cost of the liability,but also to shorten the payment period to 15 years and maintain fiscal stability by establishing a set payment amount. Detailed information is provided in the Financial Summaries Staffing Information section. • Council also established a practice to pay Tier II and Tier III UAL amounts in full each year,to eliminate future unfunded liabilities for the growing segments of employees. This amount is minimal each year as the actuarial determined rates are in line with current actuarial factors,until actuarial factors are modified. • The City's goal is to fund pension liabilities near or at 100%to reduce unfunded liability payments to minimal payments each year. Currently,Tier II and III unfunded accrued liability payments are minimal,if any,and paid in full each year in alignment with this policy,however the Tier I pension unfunded accrued liability is understood to be a long-term goal. • A review of the City's Unfunded Accrued Liability and Ca1PERS annual actuarial report will be brought to the Finance Committee for review and analysis each year, along with Ca1PERS Pension liability projection tools as they become available. • In addition to the City's policy to reduce the Tier I UAL through additional discretionary payments each year,a 115 Trust may be established to prefund future year's Ca1PERS liability payments as an alternative to depositing UAL payment funds directly with CalPERS . A 115 Trust is used to hold dedicated reserve funding in a higher investment-return vehicle,while also setting aside the funds that are designated for recession planning. Council direction determines when to use these funds,either as part of the annual budget adoption process,or during the course of the fiscal year,if needed. RECESSION PREPARATIONS • The City shall incorporate preparations for the inevitable future recession in its fiscal and operational practices. This includes prudent and cautious assessment of expansions in ongoing services, diligence in maintaining cost CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION recovery for user services, aggressive funding of fund balance reserves to healthy levels in strong economies, conservative budgeting practices, fiscal frugality, alignment of one-time funding sources and uses, and a continued practice of long-term financial planning. • Education of City finances is vital to knowledgeable financial decision making. Finance staff remain available to all Council Members for one-on-one training sessions and to answer specific finance and budget questions throughout their tenure on the Council,either spontaneously or scheduled,in person,by phone,or email. • Council's identification of priority operational services, and Council Priorities as a whole are defined in the Strategic Plan,which is adopted as part of the overall budget plan each year. The Strategic Plan helps to drive long-term planning and operations and provides guidance in recession decision making when needed. • Recession fiscal decisions will ultimately be specific to the unique time period,recessionary causes,and economic environment,but a basic assumption is that recessions will impact the City's main revenue category of Property Tax. Fortunately,this impact is delayed due to the nature of tax assessments occurring before severe impacts are felt, and the subsequent distribution of funding, providing the City time to prepare. More immediate impacts come from development-related services fees, Sales Tax, and Hotel Tax revenue reductions. The advantage of having impacts hit City finances in phases allows for preliminary mitigation steps,and time to plan if more severe mitigation steps are needed. However,this delay also plays out in reverse as a time lag occurs before the City's finances return to normal. Hence,recession impacts will last a minimum of two years if minor, and(typically) three to five years if more severe. • Overall, financial resources funded during good economic periods are recommended for initial recessionary reductions, such as 1)the delay or reduction of funding for Internal Service Fund operations,2)use of one-time revenue resources,such as an unexpected payment or excessive net operation funding held for future use,and 3) the reduction of expenditures included in the budget each year that are not essential to providing services, such as staff conferences or optional consultant and contract services. REVENUES • General Revenue funding such as taxes, intergovernmental revenues, and interest provide the funding for services conducted for city-wide benefit, such as public safety, infrastructure maintenance, and city administration. Services provided upon request,such as for planning services and building permits,are financed through user fees,service charges,and assessments directly linked to the level of services provided. • To provide the Saratoga community with services and to maintain infrastructure, the City conducts ongoing reviews of operations to assess revenue leakage. If applicable, assessments or charges are assessed, and user fees are implemented for cost recovery. • Designated and legally restricted tax and revenue funding sources will be accounted for in the appropriate funds. General taxes and revenues not allocated by law or contractual agreement to other funds are accounted for in the General Fund. Funds dedicated for specific capital improvements are accounted for in the appropriate Capital Improvement Plan fund, within a designated project. An example is VTA Measure B Sales Tax deposited directly to the Annual Roadway Improvement Project in the Street CIP Fund. • Categories of Revenues include Taxes,Intergovernmental,Fees/Licenses/Permits,Charge for Services,Interest Income, Rental Income, Other Sources such as grants, donations, sales of copies or maps, and over/short adjustments,Internal Service Fund charges,and Capital Improvement Revenues. • While a diversification of revenue funding is desired,the City only pursues additional funding streams that are in alignment with the City's overall goal to support and protect the Saratoga community. The City does not enter into profit-making enterprises that service select user groups, but rather seeks to engage in cost-recovery activities or taxpayer-funded services that maintain or enhance the Saratoga community as a whole. • Over the last decade,Property Tax revenue increased at a much faster pace than other tax revenues,due to rapidly increasing housing prices and the State's agreement to bring the allocation percentage up to the full 7%minimum rate,offset by the City's 17.4 ERAF calculation rather than the County's 47.7%ERAF rate. As a result,Property Tax now makes up about 80% of all tax revenues,with Sales Tax, Franchise Fees, Transient Occupancy Tax, Business License Tax,and Construction Tax making up the remainder. By itself,Property Tax comprises about CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION one-half of Total Operating Revenue,meaning there is a significant dependency on this one revenue category. Hence,the City tracks Property Tax revenue closely and makes revenue and expenditure budgetary projections and adjustments in line with anticipated fluctuations. With revenue growth expected to increase slowly now that full allocation has been attained,City expenditure budgets will mirror this restrained growth. • The City follows a vigilant policy of collecting local taxes and revenues due to the City through persistent follow- up procedures. Efficiency of collections is paramount,and external resources are used as needed. An example of this practice is the City's Business License audit engagement where a consultant is utilized to both educate and ensure companies doing businesses within Saratoga are paying their business license tax. RISK MANAGEMENT POLICY • The City is insured for up to $30 million of general liability, auto, and property damage claims through a Bay Area Joint Powers Association insurance cooperative(PLAN JPA). Claim coverage consists of up to$5 million from the JPA,and$25 million from an excess insurance provider. The City is self-insured for the first$25,000 for general liability and auto claims;property damage up to$5,000 and third party auto claims up to$10,000. • Workers Compensation claims are insured for the first$250,000 of coverage through the City's participation in a Workers Compensation risk pool. After the $250,000 limit is met, an excess insurance coverage policy is activated. The excess coverage provides an employer liability limit of$5 million per occurrence,and workers' comp per occurrence limit of$100 million. Workers'Compensation claims are managed by the PLAN JPA as a third-party administrator(TPA). • The City's role in managing both Risk Management and Workers Comp programs is preventative in nature, which is accomplished through careful monitoring of losses,working closely with the third-party administrator, participating in training,proactively addressing infrastructure maintenance and potential risks,and by designing and implementing safety programs to minimize risk and reduce losses. • Claims against the City are submitted to the City's pooled liability JPA administrator in a timely matter. Adverse claims in which City property is damaged, are also pursued for restitution. Repair cost for damages, and staff time for attending to the accident/incident, cleanup, and repair time is billed to the other party. The JPA Administrator follows up on these matters also. TREASURY MANAGEMENT • The City's Investment Policy shall be brought to the Finance Committee and City Council for review,discussion, direction, and adoption on an annual basis. California Government Code Section 53600 and City of Saratoga Municipal Code Section 2-20.035 require the City Council to annually review and approve the City's Investment Policy. • It is the policy of the City of Saratoga to invest public funds in a manner which will provide the maximum security with the highest investment return,while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of funds. • Finance staff shall exercise due diligence to comply with the Investment Policy. The City currently practices conservative and cautious investment practices by limiting its investments to the State's Local Agency Investment Fund (LAIF). Certificates of Deposits and high-grade investment vehicles may also be utilized under the Investment Policy,however the Finance Committee will provide oversight,review,and direction on any decisions to move a portion of the City's available funds into these other permitted investments. The Administrative Services Department's Finance Division shall prepare a monthly report to the City Council that has sufficient detail to present the financial condition of the City at month end, the cash and investments balance by fund, and fund balances by fund type. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION TRUST&AGENCY FUNDS • The City may serve as a Fiscal Agent for an agency organization only if the purpose of the agency is related to City operations and is in the best interest of the City. • A legal agreement governing the Trust or Agency relationship is approved by the City Council. • The Trust or Agency organization remains a separate entity from the City and shall not represent itself as a component of the City. • As the Fiscal Agent, the City may hold funds provided by the agency organization in a separate and clearly designated fund. The fund may earn interest at the City's investment rate. • Depending on the level of services provided to the agency organization,the City may charge for the cost of any and all fiscal services provided. • Depending on the agreement,the City may purchase goods or services on behalf of the agency organization,and/ or disburse funds as directed and permitted by the agency's by-laws and purpose. However,the City is not liable for any of the agency organization's debts,liabilities,or actions. USER FEES • The City allows for discretion in the use of general taxes to meet the cost of services that provide a larger public benefit, such as code enforcement,and to recover the full or partial cost of services that largely or solely benefit individuals, such as a building permit. • In some cases, fees are established with a goal to discourage the use of a service, such as a false alarm fee that results in the dispatch of a public safety officer. The fee may be structured to accelerate with usage but allows for a level of leniency initially for this service with the understanding that cost recovery goals are not met. • A master schedule of User Fees is reviewed and presented to Council on an annual basis to allow for the adjustment of discretionary service and rental fees. If an adjustment is needed, a request to increase or decrease the fee is brought to Council as a Public Hearing and becomes effective 60 days (or later if stated) following approval of the fee adjustment. Typically, fee adjustments are brought to Council in late April for a July 15t effective date,however a stand-alone fee adjustment may be brought to Council at any time throughout the year. • The City's overall goal is to establish user charges and fees at levels that fully recover the direct and indirect activity cost of providing a service or product. However,market rates and charges levied by other municipalities (of similar size)for like services are taken into consideration when establishing rates,fees,and charges. As some services have partial cost recovery objectives,cost recovery ratios will vary in accordance with policy objectives. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET �' INTRODUCTION SECTION 0i S A Rq rQ� L y 1956 �'` 0FOF,N�P CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET 1 INTRODUCTION SECTION FUND BALANCE RESERVE POLICIES Prudent financial management dictates that the City reserve a portion of its funds for future use to maintain fiscal stability;ensure the continued orderly operation of government and provision of services to residents;and to mitigate current and future risks. As a general budget precept,the City Council decides when and whether to appropriate available funds to and from a reserve account. Use of reserve funds must be authorized by either specific direction in the annual budget, or by a separate City Council action—unless specifically directed by policy. Responsible fiscal stewardship also requires adequate reserves be maintained for all known liabilities and established City Council and community directed initiatives. In the following Fund Balance/Reserve Policy guidelines,the descriptions include identification of the fund type and classification,the purpose of the reserve,minimum and maximum funding goals if appropriate,appropriate utilization of the reserve and by what authority,and the procedure for funding the reserve initially;on an ongoing basis,or after utilization. FUND BALANCE AND NET POSITION In 2009,Governmental Accounting Standards Board("GASB")Statement No.54 revised fund balance classifications for"Governmental Funds" into five specific classifications of fund balance with the intent to identify the extent to which a specific fund balance reserve is available for appropriation and therefore spendable, or whether the fund balance reserve is constrained by special restrictions. Government Funds for which these new rules apply include: General Fund, Special Revenue Funds,Capital Project Funds,and Debt Service Funds. For "Non-Governmental Funds" equity classifications are classified as "Net Position" with sub-classifications of Restricted or Unrestricted Net Position. A third component of a Non-Governmental Fund's equity is"Net Investment in Capital Assets,"which for Saratoga refers to the non-monetary portion of equity such as vehicles and equipment, net of depreciation. Non-Governmental Fund types include Proprietary Funds(Enterprise and Internal Service Funds) and Fiduciary Funds. GOVERNMENTAL FUND TYPE RESERVE CLASSIFICATIONS The Governmental Reserve classifications are defined as follows,which includes the applicable reserves that fall into the classification. Non-Spendable Fund Balance Represents resources that are inherently non-spendable from the vantage point of the current period. The City does not presently hold Non-Spendable Reserve funds. Restricted Fund Balance Represents fund balance that is subject to external enforceable legal restrictions. The City maintains the following restricted fund balances under this designation: • General Fund: Environmental Services Fund Balance Reserve • Special Revenue Funds: Landscape&Lighting Assessment Districts Fund Balances • Debt Services Fund: Library General Obligation Bond Debt Service Fund CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION • Capital Project Funds a) Park in Lieu Funds b) Highway User Tax Allocation Fund(Gas Tax) c) Capital Project Grant Funds Committed Fund Balance Represents fund balance constrained by limitations the government imposes upon itself at its highest level of decision making and remains binding unless removed in the same manner. The City maintains the following fund balances under this designation: • General Fund: Hillside Stability Reserve • General Fund: Facility Replacement Reserve • Capital Improvement Plan Funds: Capital Improvement Project Fund Balance Reserve Assigned Fund Balance Represents fund balance identified by Council for an intended use;however as no legal obligations exist,the funds may be re-designated and utilized for another purpose if Council chooses. The City maintains the following General Fund reserves under this designation: • General Fund: Future Capital&Efficiency Project Reserve • General Fund: Carryforward Reserve Unassigned Fund Balance Represents funding which may be held for specific types of uses or operational funding/stabilization purposes,but is not yet directed to a specific purpose. Only General Fund reserves can be designated under the"Unassigned"fund balance classification. Other fund types are by nature structured for specific purposes,hence the fund balances are therefore considered"assigned"for that purpose. • General Fund: Working Capital Reserve • General Fund: Fiscal Stabilization Reserve • General Fund: Other Unassigned Fund Balance Reserve Fund Balance Ratios To ensure the City maintains available working cash flow and emergency funding at all times,the collective total of the General Fund's Assigned and Unassigned Reserves shall be sustained at a minimum of 20% of General Fund expenditure appropriations,net of transfers out. GENERAL FUND YEAR-END ALLOCATIONS After the City's financial records are finalized and audited, with legal obligations and liability reserves funded, revenues in excess of expenditures are closed out to the Other Unassigned Fund Balance Reserve. A base amount of funding, as set by budget policy, is to remain in the Other Unassigned Fund Balance Reserve, with the remainder distributed in the following order: 1. Repayment of Fund Balance Reserve loans-back to established levels(e.g. borrowing from/usage of the Fiscal Stabilization or Hillside Stability Reserves). • For the Hillside Stability Reserve,loan repayment shall be repaid with year-end net operations if funding in excess of the next year's priority Capital Improvement Project is available. At a minimum,reimbursements shall be made in annual contributions of$100,000 until reserve balance reaches the$1 million reserve goal. • Fiscal Stabilization loan repayments shall be made as directed by Council. 2. Annual contribution shall be made to Facilities Replacement Reserve and Fiscal Stabilization Reserve as directed by Council. 3. Remaining funds are allocated to the Future Capital Improvement and Cost Efficiency Projects Reserve. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION GENERAL FUND RESERVES Environmental Services Reserve Under the Restricted Fund Balance classification,the Environmental Services Reserve represents revenues collected under a prior funding structure for environmental purposes,and is therefore restricted for use in funding environmental program costs such as clean water programs, street sweeping, and storm drain cleaning services. Per policy, the Environmental Service Reserve is being utilized through annual budget appropriations of$50,000. The Environmental Services Reserve originated from a one-time funding structural change and therefore will not be replenished when depleted. Hillside Stability Reserve Under the Committed Fund Balance classification, a Hillside Stability Reserve of$1 million is set aside to provide funding for unanticipated or unforeseen emergency or extraordinary costs related to hillside degradation,inclusive of slide prevention and mitigation, slide repair, and associated drainage and roadwork to must be commenced prior to the next fiscal year's CIP Project funding availability. Use of the reserve requires an analysis be prepared and presented to Council for approval,or in the event of a landslide requiring immediate emergency work,the Public Works Director may direct use of up to 10%of the reserve to make emergency repairs and mitigate further damage until Council takes action. Reserve funding is to be used for emergency work which exceeds operational funding provided for in the Operations Budget. Upon use,refunding of the reserve shall be provided from year-end net operations,in full if funding is available,or at minimum in the amount of$100,000 each fiscal year until the$1,000,000 reserve cap is reached. Facility Replacement Reserve The Facility Replacement Reserve is established to accrue funding for the major rehabilitation or replacement of City Facilities (buildings/structures). Eligible uses of this reserve include both direct funding of public facility improvements,and the servicing of related debt. Small facility building replacements,major facility renovations,and down payment contributions toward a large facility replacement in conjunction with bond measure funding are examples of intended Facility Replacement Reserve uses. An initial contribution of$300,000 was established in FY 2012/13 with Council's recommendation to continue funding at this level,as a priority use of year-end net operations funding. Effective FY 2016/17,Council's direction is to increase the annual year-end contribution amount to$500,000,as funding is available. Council has set a goal to fund the Facility Replacement Reserve to a level equal to 1/3 of the City's insured value over the next 20 years (by FY 2036/37)as a fiscally responsible practice to maintain city infrastructure In principle, Saratoga does not pursue bond money to fund capital improvements,however, replacing high cost facility infrastructure requires a long-term funding plan that may or may not be attainable through annual contributions. Therefore, the Facility Replacement Reserve demonstrates both the City's good faith funding effort and financial stewardship for future bond measures if needed,as well as accumulating funding for a down payment on replacement infrastructure to minimize bond funding needs. A facility's insured value represents the initial cost of the facility decreased each year over the facility's estimated lifespan. Therefore, insured value represents the remaining life of the facility's purchase cost—it does not represent the current cost to replace a facility. The City recognizes insured value is not sufficient to fund facility replacements, therefore annual contributions will continue as an ongoing funding obligation even after the 1/3 reserve goal is met. Changes in annual contributions and the reserve goal amount shall be determined by Council during the budget process,in line with changes in the City's economic situation. Utilization of the reserve shall be brought to Council for discussion and consideration as needed. Future Capital&Efficiency Projects Reserve Under the Assigned Fund Balance classification,the Reserve for Future Capital Improvement&Efficiency Projects shall reserve funding for as yet undefined capital and efficiency improvement projects. Reserve funding is derived from General Fund accumulated net operations(as available)and is therefore considered a"one-time funding source". CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION Funds are held in this reserve until Council reviews funding requests and approves a use or transfer to a capital project fund. Use of the reserve funding is at the Council's discretion,but typically occurs in conjunction with the annual budget adoption after Council conducts a comprehensive review of capital and efficiency improvement needs. Reserve replenishment is dependent upon net operational savings in subsequent fiscal years. Carryforward Reserve Under the Assigned Fund Balance classification,the Reserve for Carryforwards represents funding held at the end of each fiscal year for critical unexpended operating budget appropriations to be purchased in the following fiscal year, and any remaining Council Contingency funding. The reserve is reconciled at the end of each fiscal year to both release prior year carryforward funding and reserve current year carryforward funding into the following budget year. Staff determines the year-end reserve amount after all fiscal year payments are finalized; the reserve amount is conceptually appropriated by Council each year in the budget adoption resolution. Working Capital Reserves In accordance with the City's cautious and conservative fiscal philosophy, the City's general prevailing financial policy holds that the City should fund daily operations with current resources in order to avoid use of short-term borrowing for cash flow management. To support this policy a Working Capital Reserve is maintained that meets cash flow requirements,and in turn,ensures the continuance of services to the public while also preserving the City's credit worthiness. To provide adequate working capital in the case of extreme circumstances, the City shall maintain, in combination with the Fiscal Stabilization Reserve, a minimum operational reserve of 60 days of the following year's General Fund budgeted expenditures(net of internal service charges and transfers out),up to a maximum operational reserve amount equal to 90 days of the following year's General Fund budgeted expenditures (again, net of internal service charges and transfers out). This reserve falls under the Unassigned Fund Balance classification. Effective FY 2016/17,the Working Capital Reserve is maintained at$1 million(reduced from$2 million), and the Fiscal Stabilization Reserve in maintained at $2.5 million (increased from $1.5 million). At this time a Working Capital Reserve of$1 million is sufficient for cash flow needs, however, the funding level will be assessed on an annual basis to ensure $1 million is sufficient for cash flow needs. The $1 million funding shift to the Fiscal Stabilization Reserve reflects a more realistic reserve usage structure—the Working Capital Reserve's purpose is to ensure sufficient operating cash;the reserve has no defined fund uses,repayment terms,or authorization requirements. On the other hand,the Fiscal Stabilization Reserve's purpose is defined and may be called upon for critical uses in the future. The overall 60-day General Fund operational reserve minimum requirements shall continue to be met. Fiscal Stabilization Reserve Under the Unassigned Fund Balance classification,the Fiscal Stabilization Reserve represents a funding set-aside to provide temporary financing for budget stabilization caused by fiscal downturns, unanticipated extraordinary expenditures related to a natural disaster or calamity,or from an unexpected liability or funding decrease created by a legislative action. Effective July 1, 2016, the Fiscal Stabilization Reserve funding level increased by a $1 million transfer from the Working Capital Reserve,up to$2.5 million. As of FY 2018/19,the Development Services Reserve of$650,000 was integrated into the Fiscal Stabilization Reserve to reflect the Council's desire to review citywide operational priorities and needs as a whole rather than segmented sections. This brought the Fiscal Stabilization Reserve up to$3,150 million;approximately 15%of the General Fund's budgeted operations. Together,these funding shifts provide a focused but flexible reserve funding purpose and utilization structure. Fiscal stabilization uses are defined and restricted to 1)revenue declines lasting more than one year and equal to more than 5%of either property tax,the combined total of other taxes,or General Fund revenues in total;2)an unanticipated extraordinary operational increase of more than 5%such as from a natural disaster;or 3)an unexpected Federal,State, County or Ca1PERS funding change. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION Council may utilize funding at budget adoption,by adoption of a budget adjustment resolution during the course of the year, or after a Federal, State, or locally declared emergency. In the event a locally declared emergency takes place, the City Manager has the authority to spend funds until such time as the City Council takes action. Reserve appropriations are to be replenished from year-end net operations, as available, on a priority basis. The Fiscal Stabilization Reserve funding level will be assessed on an annual basis and may direct staff to increase the reserve fund through the budget adoption or through a budget adjustment to ensure this funding level is sufficient in light of operational reserve requirements and utilization needs. The General Fund budget continues to increase each fiscal year,the overall 60 day General Fund operational reserve minimum requirement level is close to the current total of Working Capital and Fiscal Stabilization Reserve Fund total. To assist the Fiscal Stabilization and Working Capital Reserves remain at minimum requirement level,$100,000 shall be allocated annually into the Fiscal Stabilization Reserve from Net Operations as part of the General Fund Year End Close,effective FY 2021/22. This allocation shall only occur if General Fund Net Operations exceed a minimum of$1,000,000 to ensure adequate funding is available for other necessary allocations. Compensated Absences Reserve Under the Unassigned Fund Balance classification, the Compensated Absences Reserve is established to smooth expenditure fluctuations resulting from the payout of accrued leave to employees at service separation and distribution payouts. Reserve funding equal to one-third of the compensated absences liability is established at year-end. Reserve funding in excess of one-third of the liability is to be returned to the General Fund's Other Unassigned Reserve. Use of the reserve occurs when total annual compensated absences payouts exceed budgeted salary funds. Large payouts decrease the compensated absences liability at year-end, thereby supporting the practice of utilizing the reserve if needed. Year-end reconciling allocations to and from the reserve are approved though Council's budget resolution adoption each fiscal year,with the liability and resulting reserve amounts determined as part of the year- end close process. Other Unassigned Reserve The `Other Unassigned Reserve' represents accumulated net operations not yet allocated to other fund balance reserves,and by definition,fall into the Unassigned Fund Balance classification. General Fund vs Other Fund Reserves Other Fund's accumulated net operations are typically accounted for in an undefined reserve account in the fund— and typically titled `Fund Balance Reserve' meaning they do not have reserve categories. This difference is because other funds are structured for specific uses or commitments,hence the fund balance already has a directed function and fund balance is therefore committed for that purpose.Whereas the General Fund is used for multiple and various operational purposes thereby requiring a distinction of purpose for each reserve. SPECIAL REVENUE FUND RESERVES Landscape&Lighting and Storm Water Assessment Zone Funds Assessment Zone Funds are Special Revenue Funds,which is a type of governmental fund. As a governmental fund, the Landscape & Lighting and Storm Water Assessment Zone Funds comply with GASB 54 fund balance classifications,and by nature of the fund's purpose,fund balance reserves are classified as restricted reserves. Special Revenue Funds account for and report the proceeds of specific revenue sources that are restricted or committed to specified purposes(other than for debt service or capital projects.) For Saratoga,Assessment Zone Special Revenue Funds are established to account for each individual assessment zone financial assets separately; thereby each fund has its own separate fund balance reserve. Each zone's Fund Balance Reserve should be sufficient to provide working capital to cover operational expenses through the first half of assessment receipts in February,therefore equitable to approximately one-half of a district's annual expenditure budget. The second half of receipts are received in late May or early June. Some districts may include capital improvement projects in addition to ongoing regular maintenance. This requires accumulating fund CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION balance over the years to generate sufficient resources for the improvement projects. As each zone's situation is different,a maximum fund balance shall be determined by the Public Works Director. Requests for use of the reserve for special projects are approved by Council through budget adoption or by a Council approved budget adjustment resolution throughout the year. Reserves are replenished from the Fund's net operations in subsequent years. DEBT SERVICE FUND RESERVES Library General Obligation(GO)Bond Debt Fund The Library General Obligation(GO)Bond Debt Fund is a Debt Service Fund established to account for the financial resources accumulated for principal,interest,and cost of issuance expenditures associated with the Library Bond Debt. As Debt Service Funds are a governmental fund type, the fund reserves fall under the GASB 54 fund balance classifications. Debt Service Fund reserves are classified as a Restricted Reserve with the funding only spent for specific purposes as stipulated by the bond covenants. The Library GO Bond Debt Fund ensures receipts are tracked separately, and that funding is available for the GO Bond debt service requirements. At a minimum, the year-end fund balance reserve shall be sufficient to provide working capital to cover the semi-annual principal and interest debt payment due on August 11'as the GO Bond tax receipts are received after the 11 debt payment is due. December receipts provide for the February payment. In addition, as bond assessments are collected as a percentage of property values, reserves should provide sufficient funding to compensate for tax fluctuations. The fund's reserve maximum is set at no more than one-year of budgeted annual expenditures. The reserve balance is increased(or reduced)through establishing assessment rates at more(or less)than the semi- annual payments and bond services require. Therefore,use or replenishment of the reserve is approved by Council through budget adoption, and implemented through an increased or reduced assessment rate as a result of the fund's net operations. Arrowhead Community Facility District Bond Debt Fund In 2016,the City agreed to act as the fiduciary agent for the Arrowhead Community Facility District's bond issuance to fund the community's water system infrastructure. The bond was issued in December 2018,and participants in the bond issuance began assessment payments in FY 2018/19. The annual debt service assessment pays for the cost of the bond's principal and interest payments, and the associated administrative costs. Fund reserves are comprised of assessments collected less bond costs. Assessments are established as dollar amounts rather than percentage rates,so the CFD Bond Debt Reserve does not generate unexpected excess fund balance as does the GO Bond Debt Fund. CAPITAL IMPROVEMENT PROJECT FUND RESERVES Overview Capital Improvement Project(CIP)Funds account for the acquisition and maintenance of major capital assets other than those financed through special assessments or enterprise funds. Capital Project Funds area type of governmental fund and therefore comply with GASB 54 fund balance classifications. Because Council has directed the fund's appropriated funding be spent on specific capital improvement projects,the Capital Project Fund Balance Reserve is classified as Committed Fund Balance. Budgeted capital improvement project funding is determined by the scope of work approved by Council,and remains assigned for that use until completed or reassigned by Council. Fund Balance amounts represent the total remaining funds in the individual projects at year-end. As Fund Balance amounts are determined by the amount of project completion at year-end,setting a minimum or maximum amount is not applicable. Fund Balance is automatically re- appropriated to budgeted capital projects in the following fiscal year for the improvement work to be completed. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION Street Improvement Projects Funds Street Improvement Project Funds provide for a safe and functional roadway and pedestrian street system. Each Street Improvement Fund(CIP Street Fund,CIP Grant Fund,and Gas Tax Fund)has multiple projects which roll up into the overall fund balances,but remain designated for use by project. The CIP Street Fund receives annual funding from designated fees,reimbursements,contributions,and transfers from other funds. The CIP Grant Fund receives federal,state,and local grants which vary in source and amount from year- to-year. On occasion, a private grant may be received. Typically,CIP Grant Funds have a negative fund balance as project work is conducted before reimbursement is received. Gas Tax Funds represent annual Highway User Tax and Transportation Congestion Relief revenue allocations that are to be accounted for separately and are subject to State audits. Park&Trail Improvement Project Funds Park&Trail Improvement Project Funds provide for capital improvements to the City's neighborhood and city parks and plaza,the sport fields,bike and pedestrian trails, and open space areas throughout the City. Each of the Park& Trail Improvement Funds(CIP Park&Trail Fund,CIP Tree Fund,and the CIP Park&Trail Grant Fund)have multiple projects which roll up into the overall fund balances,but remain designated for use by project. The CIP Park&Trail Fund receives annual funding from Park-In-Lieu fees,occasional subventions,reimbursements and contributions, and transfers in from other funds. The Tree Fund receives revenue from tree fines and transfers from other funds upon Council direction. The CIP Grant Fund receives federal, state, local and occasional private grants which vary in source and amount from year-to-year. Typically,CIP Grant Funds have a negative fund balance as project work is conducted beforehand and then reimbursed from expenditure invoices. Year-end fund balance represents the remaining unexpended project funds (net of any negative CIP Grant Fund Balance)which are subsequently re-appropriated by Council into the following budget year through budget adoption. Facility Improvement Project Funds Facility Improvement Project Funds provide for capital maintenance and improvements of City-owned buildings and structures throughout the City. Each of the Facility Improvement Funds(CIP Facilities Fund and the Facility Grant Fund)have multiple projects which roll up into the overall fund balances,but remain designated for use by project. The CIP Facilities Fund receives annual funding from a General Fund transfer,from Theater Ticket Surcharge Fees, and from reimbursements and contributions. The Facility Grant Fund receives revenue from grants that vary in amount from year-to-year. Typically,CIP Grant Funds have a negative fund balance as project work is conducted beforehand and then reimbursed from expenditure invoices. Year-end fund balance represents the remaining unexpended project funds (net of any negative CIP Grant Fund Balance)which are subsequently re-appropriated by Council into the following budget year through budget adoption. Administrative&Technology Improvement Funds Administrative & Technology Improvement Project Funds provide for major capital expenditures to improve or enhance administrative, operational, and technology-based systems and processes. Each of the Administrative & Technology Improvement Funds (CIP Admin&Tech Improvement Fund and the Admin&Tech Grant Fund)have multiple projects which roll up into the overall fund balances but remain designated for use by individual project. The CIP Administrative&Technology Improvement Fund typically receives funding from a General Fund transfer. Administrative and technology improvement focused grants are limited, and typically limited to the Community Development function for housing elements or development processes. If grants are received,projects typically have a negative fund balance as project work is conducted beforehand and then reimbursed from expenditure invoices. Year-end fund balance represents the remaining unexpended project funds (net of any negative CIP Grant Fund Balance)which are subsequently re-appropriated by Council into the following budget year through budget adoption. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION INTERNAL SERVICE FUND RESERVES Overview Internal Service Funds are established to provide centralized cost centers for shared expenses and services in order to efficiently track costs and manage resources. Costs are then allocated back to operational programs based on usage to determine cost of service. The City's Internal Service Funds include the two insurance funds: Risk Management and Workers Compensation, four service/support funds: Office Support, IT Services, Vehicle & Equipment Maintenance, and Building Maintenance Funds,and three equipment replacement funds: the Vehicle&Equipment Replacement Fund,the Office Technology Equipment Replacement Fund, and the Building FF&E(Furniture,Fixture,&Equipment)Replacement Fund. Internal Service Funds are similar to the separate checking or savings accounts a person may use for different purposes. And,as each fund is accounted for as a separate entity,operational revenues less expenditures result in either a positive or negative net operations,with their own fund balance to offset operational losses if needed. At year end,each fund's net balance is represented as the"Fund Balance Reserve". The intent of the Internal Service Funds Reserves is to hold appropriate levels of reserves to support cash flow throughout the fiscal year and to minimize interfund loans. Some of the Internal Service Funds do not accumulate funds in excess of expected ongoing operational costs,but for the replacement funds,the purpose is to accumulate a rolling balance to fund future replacement costs as needed. Individual fund reserve levels are explained in more detail in the following fund sections. Internal Service Funds are a type of Proprietary Fund; therefore GASB 54 fund balance classification (for Governmental Fund types)does not apply. Instead,Internal Service Fund's financial statement reports are presented similar to private-sector businesses and use "Restricted" and "Unrestricted Net Position" to define net operational balances(equity/fund balance reserves). Unrestricted Net Position allows reserve funding to be used(with Council approval)within the general scope of the fund's purpose. Restricted Net Position reserves are limited to a specific use,narrower than the stated purpose of the fund. For example,grant funding provided for a defined use,as in remaining funds from a Risk Management Training Grant within the Liability/Risk Management Fund,must be used for qualified training purposes. Most Internal Service Funds reserves are held in the Unrestricted Net Position category. Liability/Risk Management Reserve Fund The Liability/Risk Management Fund's Unrestricted Net Position Reserve supports cash flow needs and minimizes interfund loans. Appropriate levels are maintained through service chargebacks to the programs,based on operational risk factors. Most claims are covered under the insurance risk pool JPA. The City is self-insured up to$25,000 per General Liability and City Vehicle Auto Liability occurrence, and up to $5,000 for Property Damage and 31 Party Auto Liability. Non-covered claims are paid fully by the City. The Liability/Risk Management program receives funding from allocations charged to departments, from grant funding,and from claim reimbursements. On occasion,the City is obligated to pay a claim settlement. While some funds are budgeted for miscellaneous claim expenses each year, large claims may need to utilize reserves. For this reason,the Fund Balance Reserve goal is set at about 100%of annual budget to both fund operational activity and for claim funding as needed. At year-end,unspent funding flows into Unrestricted Net Position or Restricted Net Position for specific purposes. Requests for use of reserve balance are approved by Council through budget adoption or by a Council approved budget adjustment resolution during the year. If claim payments do utilize reserve funds,the reserve is replenished from the Fund's net operations in subsequent years. Workers Compensation Fund The Workers Compensation Fund's Unrestricted Net Position Reserve supports cash flow needs and minimizes interfund loans. Appropriate levels are maintained through service chargebacks to the programs,based on operational risk factors. The purpose of the Workers' Compensation program is to provide insurance benefit coverage for CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION employee work-related illness and/or injuries through its membership in a shared risk pool. The risk pool provides self-insurance coverage up to$250,000,and excess insurance provides coverage over this amount up to$10 million. The Workers Compensation program receives funding from allocations charged to departments, from grant funding, and from claim reimbursements. At year end,unspent funding flows into Unrestricted Net Position,or Restricted Net Position for grant funding. Requests for use of the reserve balance are approved by Council through budget adoption or by a Council approved budget adjustment resolution during the year, such as for an unexpected large claim settlement. The reserve is replenished from the Fund's net operations in subsequent years. Office Services Fund The Office Services program provides a centralized cost center for administrative office support expenses, including multifunctional copy machine leases, postage machines, various other office machines and associated maintenance and repair services, as well as postage, paper, and copier supplies. For efficiency, shared office support costs are managed collectively and charged back to departmental programs on a use-basis allocation. Accumulated net operations are held in the Office Services Fund for working capital cash flow. The reserve is funded from the allocations charged to covered departments. At year-end,unspent funding flows into Unrestricted Net Position. Requests for use of excess reserve balance are approved by Council through budget adoption or by a Council approved budget adjustment resolution during the year. Reserves are maintained at approximately the 50%of budget level,however on occasion, excess Reserve funds are used for the replacement of assets such as the mailing machine. The reserve is replenished from the Fund's net operations in subsequent years. Information Technology Services Fund Information Technology Services provide for the delivery of technology-based services throughout the City's operations, including maintenance of the City's information systems and infrastructure, program implementation, streaming video,internet,landline,and wireless communications systems,cloud-based technology,and support of all existing information technology as well as new technology initiatives. For technology oversight, security, and efficiency, information technology costs are managed collectively and charged back to departmental programs on a service-based allocation to fund the program. Funding for the program comes from these allocations charged to departments. At year-end,unspent funding flows into Unrestricted Net Position. Accumulated net operations are held in the Information Technology Services Fund for working capital cash flow. Requests for use of the reserve are approved by Council through budget adoption or by a Council approved budget adjustment resolution during the year. The reserve is replenished from the Fund's net operations in subsequent years. Vehicle&Equipment Maintenance Fund The Vehicle&Equipment Maintenance program provides for the fuel,maintenance,and servicing of the City's fleet and major equipment to ensure all vehicles and equipment comply with manufacturer's recommendations and safety requirements. To fund the program,vehicle& equipment replacement costs are charged back to the departmental programs based on assigned usage. Accumulated net operations are held in the Vehicle&Equipment Maintenance Fund for working capital cash flow. At year-end,unspent funding flows into Unrestricted Net Position. Requests for use of the reserve are approved by Council through budget adoption or by a Council approved budget adjustment resolution during the year. The reserve is replenished from the Fund's net operations in subsequent years. Facility Maintenance Fund The Building Maintenance program provides for the custodial, maintenance, and non-major repairs and building improvement services for all facilities at the Civic Center, Prospect Center, and Museum Park. Additionally, the program supports the maintenance and repair needs for the tenants of City leased buildings as defined in the lease agreements. To fund the program,total costs are allocated back to departmental programs primarily based on building space usage. General and public use is allocated to the Non-Departmental program. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET ' INTRODUCTION SECTION Accumulated net operations are held in the Building Maintenance Fund for working capital cash flow. Funding comes from the allocations charged to covered departments. At year-end, unspent funding flows into Unrestricted Net Position. Requests for use of the reserve are approved by Council through budget adoption or by establishing chargeback funding levels higher or lower than budgeted expenditures. The reserve is replenished from the Fund's net operations in subsequent years. Vehicle&Equipment Replacement Reserve The Vehicle and Equipment Replacement Fund Balance Reserve accounts for accumulated funding over an asset's lifespan,to be used for the replacement of the vehicle or equipment at the end of its useful life. Initial purchases are paid for through a department's operational budget. If the purchased item is for ongoing use,the Vehicle&Equipment Replacement program appropriates an annual allocation for the replacement of the vehicles and equipment based on the asset's cost and years of life. Final determination for replacement of the asset is determined through an analysis of whether the cost of maintenance equals or exceeds the cost of replacing the asset. The reserve is funded from allocations charged to departments and represents accumulated funding, less amounts expended for asset replacement. At year-end,unspent funding is held in Unrestricted Net Position. The reserve is to be maintained at a level sufficient to provide replacement funding of vehicles and equipment in accordance with replacement schedules. Requests for use of the reserve are approved by Council through budget adoption or by a Council approved budget adjustment resolution throughout the year. The reserve is replenished from the Fund's net operations in subsequent years. Office Technology Equipment Replacement Fund The Office Technology Equipment Replacement Fund accounts for accumulated funding over an asset's lifespan to be used for the replacement of office technology-based equipment such as desktop computers and monitors, laptops and tablets,network infrastructure,and various other related equipment. Replacement costs are charged back to the departments based on assigned equipment costs. Initial purchases are paid for through a department's operational budget. If the purchased item is for ongoing use,the Office Equipment Replacement program appropriates an annual allocation for the replacement of the equipment based on the asset's cost and years of life. The reserve represents accumulated funding,less amounts expended for replacements. The reserve shall be funded to provide replacement funding in accordance with replacement schedules. Funding for the reserve comes from the allocations charged to covered departments. Requests for use of the reserve are approved by Council through budget adoption or by a Council approved budget adjustment resolution during the year. The reserve is replenished from the Fund's net operations in subsequent years. Facility Furniture,Fixtures&Equipment(FFE)Replacement Fund The Facility FF&E Fund accumulates funding over an asset's lifespan to be used for the replacement of furniture— such as tables,chairs,and cubicle partitions;for fixtures-such as kitchen appliances, sound equipment,lighting, for equipment-such as HVAC units,boilers,and generators;and for facility infrastructure —such as roof,door,window, and floor/carpeting replacement. Initial purchases for new assets may be paid for through the Operating Budget or through the Capital Budget. Annual replacement charges are charged-back to the supported department programs with full replacement funding to be accumulated over the asset's estimated lifetime. Final determination for replacement of the asset is determined through an analysis of whether the cost of maintenance equals or exceeds the cost of replacing the asset. The reserve is intended to be maintained at a level sufficient to provide replacement funding in accordance with replacement schedules. Requests for use of the accumulated reserve funding are approved by Council through budget adoption, or if an unplanned situation occurs,by a Council approved budget adjustment resolution during the fiscal year. The reserve is replenished by replacement charge allocations in subsequent years. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET :1 INTRODUCTION SECTION TRUST&AGENCY FUND RESERVES Overview Trust and Agency Funds are created to assist City-related agencies with fund management needs. Trust Funds hold another entity's funds and ensure the proper management of their money. Agency Funds are established to receive and disburse another entity's money,as directed by the associated entity. The City does not currently have any Trust Funds but has one Agency Fund: the West Valley Clean Water Program. Because Agency Funds manage their own money,the City of Saratoga does not develop Reserve Policies for Agency Funds. SUMMARY Fund Balance Reserve Use Council may utilize reserve funding at budget adoption or by adoption of a budget adjustment resolution during the course of the year if necessary. Reserve funding is replenished from year-end net operations, or if the fund has a negative net operation,then Reserve funds would offset the net operation loss with the close of the fiscal year. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION 0i S A Rq rQ� L y 1956 �'` 0FOF,N�P CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION CIP PROJECT PROCESS POLICY This procedural policy defines how a project moves through the CIP Budget Funding process: from the initial project idea,through project development,to the Council's CIP Project Review and CIP Budget Study Session meetings,and if successful,into the Capital Budget as a funded project. The CIP project development stage of the policy takes different tracks, depending upon whether the project idea is staff driven or Council nominated. These two paths are discussed separately below,until the tracks converge for CIP Project Review Meeting. STAFF PROJECT DEVELOPMENT 1. CIP Project Initiation As a function of staff s day-to-day work, infrastructure improvements, large-scale repairs, and ongoing maintenance and replacement projects are identified as potential capital improvements. These are often highly- visible and tangible public assets such as street repaving, retaining walls, or park and trail improvements. However,many essential CIP projects are less noticeable, including storm drain repairs, electrical or irrigation upgrades,or ADA enhancements. Other projects are intangible administrative or technology improvements and in most cases invisible to the general public,such as code updates/revisions,software and process improvements, or economic vitality programs. Staff discusses CIP project ideas with the appropriate Director or City Manager for feedback and refinement. Ultimately, projects need clearly defined boundaries to identify project requirements, specifications, and resources. While this is not always feasible in the initial stages of project development,the understanding that a project will eventually require a clear and specific scope will encourage better preparation for discussing the project idea and moving it through the approval process. After receiving initial approval, staff moves into the idea development stage. 2. Idea Development To move the idea forward,staff will analyze and articulate the project's scope,political impacts,priority factors, resource requirements,and any other relevant considerations. a. Project Scope—Scope may include the description,project size and location parameters,project purpose, and goals or deliverables,such as products,services or results. Project justifications and assumptions should support the project's purpose and defmition,and may include cost-benefit analysis,risk assessments,funding availability,or even community desirability factors. The scope should clearly state if a project is to be funded and/or completed in phases rather than as a singular body of work. If a phased project, information regarding future phases and total costs should be included. For instance,a design project should include information on the intended project's construction phases and total estimated cost. If the project is ongoing infrastructure maintenance such as a roof replacement,or a program project such as a General Plan element update,this too should also be clearly noted. In the scope description,constraints or restrictions may help to identify project limitations. And in some cases,project scope may be clarified by exclusions—statements about what the project will not accomplish or produce. Project Scope defines a commitment to produce a body of work or end-product with the resources provided under the stated assumptions. The written scope helps to manage expectations and provide clarity to the involved parties, reduce confusion and failure, prevent scope creep, and provide transparency to the community. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION b. Political Considerations - Knowledge of historical information, which attests to the necessity of Council/staff communication is of vital importance in project development. Determine whether this project has come up for consideration before,or why was it not completed previously. Have circumstances changed? Or are there lessons to be learned from a past project proposal? Another consideration includes knowing whether a project might be controversial. Is there a segment of the community strongly opposed to, or strongly supportive of this specific project? Will this project prompt demand for further funding or resources? Have similar projects been completed in another part of the city? Determine why this project should be considered a priority over others, and whether the project's cost or benefits would be supported by the community. c. Priority Factors-Project priority is an important consideration in the CIP approval decision. Ultimately, Council wants to support those projects that are of higher priority than others since there will never be enough money or resources to do every project. Decision criteria may include factors such as: • Health and Safety Issues • Imminent failure of structure/system • Short-term cost of repair vs. long-term cost of replacement • Availability of external or dedicated funding • Efficiencies • Federal or State mandates • Business or community support • Impacts if project not undertaken The severity of a priority criteria is considered in the decision making process. For instance, a project that falls under the "Imminent Failure of Structure/System" criteria is assessed to determine whether there are safety issues,or if immediate repairs would provide significant replacement or maintenance savings. Another consideration would occur with Federal or State mandated projects. There may be little impact as to whether the mandate is met,or there may be severe fines or risk of lawsuits for lack of timely completion. As a result, project priority is based on the overall assessment of the collective circumstances; many factors contribute to priority decisions and Council cannot rely upon a clear hierarchical order upon which to base their decisions. d. Project Resources - In the City's project development discussions, resources typically refer to financial funding. However,resources may also refer to staff time,equipment and materials,community/stakeholder participation or support,space requirements,information technology services,or some other type of support or contribution needed for a project to be successful. Funding plays a critical role in project development. In many cases, lower priority projects are approved ahead of higher priority projects simply because there is designated funding available for the lower priority projects. The ability to leverage designated funding with grant funding for a project proposal greatly increases the likelihood a proposed project will be approved. Overall, a project funded solely by Capital Project Reserve money needs to be more competitive due to funding limitations and the number of projects competing for the same pot of funds. An additional component of project resource considerations are the unstated resources (identified above) required in project construction or implementation. For instance,staff time is limited,and time spent working on one project prevents staff time being spent on another project. Project timing and staff time requirements are therefore an important component of the number and types of project brought to Council for review. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION e. Other Considerations-Numerous other factors not mentioned above are also taken into consideration when assessing a project idea. For example: a. Can the City afford the ongoing operating budget increases to maintain or implement the project? b. Or,does the project provide operational efficiencies or cost savings? c. Are there environmental concerns? d. Does it enhance the community's art,education,or cultural resources? e. What impacts are there if the project requires development be staged in phases? f. Are there risk management concerns,or legal liability issues? g. Is there strong community interest in this project? h. Does the project contribute toward economic vitality? Each project will differ,meaning analysis is specific to the circumstances,and diligent research and thought should be put into developing project scope and justification. In summary,the goal of idea development is to identify,quantify,and assess a project comprehensively. This effort is intended to ensure that a proposed project is well thought-out, developed, and articulated thereby enabling the City Manager and Council to make educated and rational decisions. 3. City Manager Approval Staffs proposed projects ultimately go to the City Manager. If approved for consideration, Staff will prepare written narratives with project scope,justification, fiscal impacts,cost estimates,timelines,etc. as necessary for Council Retreat assessment package and Finance Staff will add the project to the Proposed CIP Project List. CITY COUNCIL PROJECT DEVELOPMENT Council Members are often the recipients of residents' suggestions and requests for capital improvements. Depending on the topic, Council Members can take these opportunities to: 1) educate the residents on why a project may not be feasible; or 2) provide residents with information on how to contact City staff with their requests to determine feasibility;or 3)Council may support the project suggestion and decide to act as a proponent for the project by guiding it through the Capital Project Nomination process: 1. Nomination To move a project idea onto the CIP Candidate List,a Council Member is to propose the idea to fellow Council Members at the end of a City Council Meeting during the Council Items session and request that it be put on the CIP Candidate List for review during the next upcoming CIP budget cycle. 2. Idea Concurrence A second Council Member must concur with the request to move the project idea onto the Capital Project Candidate List. 3. Follow-up A nomination to the Proposed Capital Project List is to be recorded in the City Council minutes and acted upon as a follow-up item. City Manager will clarify/verify understanding of project scope and then assign staff to complete Proposed CIP Project requirements, including preparation of project scope narrative and justification, fiscal impacts,cost estimates,timelines,etc. Council nominated projects are automatically included as a proposed CIP project in the CIP Project Review package. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION CIP PROJECT REVIEW AND APPROVAL 1. CIP Project Review Package In preparation for the annual Capital Project Review, Finance Staff will consolidate Proposed CIP projects information, along with proposed changes to current CIP projects, and the current year's CIP Unfunded Project List into a presentation and CIP Project Review package for Council. The CIP Project Review meeting provides Council with a forum to have an in-depth discussion on funding availability, assess project scopes, evaluate priority criteria and resources,and examine impacts of other considerations for CIP projects at one time. The CIP Review package will include: • Available funding • Current year CIP projects • Proposed changes to existing projects • The current CIP Unfunded List • Proposed changes to projects on the CIP Unfunded List • Proposed new CIP projects • Proposed additions to the CIP Unfunded List 2. Capital Project Review Meeting The City Council's review of current and proposed funded and unfunded Capital Projects is held annually, typically at the Council Retreat as part of the budget development cycle initiation. In addition to reviewing the Capital Project Review package, the Council may request a currently funded capital project be reviewed to determine if the project should continue in the following fiscal year.If consensus direction is given,staff will add the currently funded project into the Review package for discussion at the follow-up CIP Budget Prioritization Meeting. In reviewing Capital Projects, Council may request revisions to a project's scope, funding,or other component. However,changes that redefine a proposed project must be Council's consensus direction. At the conclusion of the CIP Project Review meeting,Council may retain the CIP Project Review Binder although the documents will also be available on the City's website. 3. CIP Budget Study Session The CIP Budget Study Session agenda is to: • Remind Council of the upcoming fiscal year's Capital Project funding availability. • Recap the Proposed CIP Projects Review Meeting proposals and associated priority issues. • Inform Council of any changes or modifications since the CIP Project Review Meetings. • Answer questions Council may have on proposed projects. • Reach consensus on the Proposed CIP Funding Scenario and CIP Unfunded List. Council will conduct a final assessment and provide consensus direction to staff for CIP Project funding to be included in the upcoming Proposed Budget Hearing to be held in May, and modifications to the CIP Unfunded Project List,if any. NOTE: Rejected project ideas maybe brought back in following years for another attempt to become an approved project,but must go through the project development process again. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET INTRODUCTION SECTION CIP PROJECT FUNDING 1. Proposed Budget Hearing Staff will incorporate Council's direction from the CIP Budget Study Session into the Proposed Capital Budget brought to the City Council Budget Public Hearing that occurs in late May or early June. Council to provide any final comments or direction for budget adoption. 2. Budget Adoption The Operating and Capital Budgets are brought to Council in June with all final direction incorporated into the final summaries. Council is asked to adopt the budget at this time,with budget funding effective on July 1st,the start of the next fiscal year. 3. Funding Process Follow-up Approved CIP projects that do not receive funding allocations are assigned to the CIP Unfunded List. The CIP Unfunded List has a life span of one budget cycle meaning the budget adoption keeps the Unfunded CIP Project for consideration as a potential project in the following fiscal year CIP project discussions. CITY OF SARATOGA 9 FISCAL YEAR 2021/22 OPERATING&CAPITAL BUDGET GSA p4 SAR41 SARATOGA �4[r paNp Memorandum DATE: May 20, 2021 TO: Finance Committee FROM: Dennis Jaw, Finance Manager SUBJECT: Fiscal Year 2021/22 Investment Policy Update Last year, at the June 17, 2020 Council Meeting, the City Council approved the standard Investment Policy for FY 2020/21. The FY 2021/22 version presented to the Finance Committee is the same policy, with a minor change in the glossary which will be discussed during the meeting. Staff recommends continuing the currently adopted investment policy for fiscal year 2021/22. However, the Committee can recommend changes before it is brought before the City Council on June 16, 2021. 7 Attachment A C rri , 01 SARATMA llf-mac. POLICY TITLE: INVESTMENT POLICY - for Fiscal Year 2021$/221 REGULATORY COMPLIANCE: California Government Code Section - 53600 et seq., City of Saratoga Municipal Code Section - 2-20.035, City of Saratoga Investment Policy - Section XVI POLICY EFFECTIVE DATE: July 1, 2021G AMENDMENTS: Annual adoption CITY COUNCIL APPROVAL. June 167, 20210 I. POLICY: It is the policy of the City of Saratoga to invest public funds in a manner which will provide the maximum security with the highest investment return, while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds. II. SCOPE: This investment policy applies to all financial assets of the City of Saratoga. These funds are accounted for in the City of Saratoga's Comprehensive Annual Financial Report and include: A. Funds 1. General Fund 2. Special Revenue Funds 3. Internal Service Funds 4. Capital Project Funds 5. Debt Service Funds 6. Trust and Agency Funds 7. Any new fund, unless specifically exempted B. Exceptions 1. Deferred Compensation Plans - Investments are directed by the individual plan participants. 2. Debt Service Funds held by trustees - Investments are placed in accordance with bond indenture provisions. 3. Notes and Loans - Investments are authorized by separate agreements approved by City Council. III. PRUDENCE Investments shall be made with judgment and care, under circumstances then prevailing, with prudence, discretion and intelligence not for speculation, but for 8 Attachment A SARATMA 'r investments, considering the probable safety of capital as well as the probable income to be derived. A. The standard of prudence to be used by investment officials shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. IV. OBJECTIVES The primary objectives, in priority order, of the City of Saratoga's investment activities shall be: A. Safety Safety of principal is the foremost objective of the investment program. Investments of the City of Saratoga shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objectives will be to mitigate credit risk and market risk. 1. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing only in investment grade securities and by diversifying the investment portfolio so that potential losses on individual securities will have a minimal impact on the portfolio. 2. Market risk, defined as market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by limiting the average maturity of the City's investment portfolio to two years and the maximum maturity of any one security to five years, and by structuring the portfolio based on cash flow analysis so as to avoid the need to sell securities prior to maturity. B. Liquidity The City of Saratoga's investment portfolio will remain sufficiently liquid to enable the City of Saratoga to meet all operating requirements, which might be reasonably anticipated. C. Return on Investments The City of Saratoga's investment portfolio shall be designed with the objective of attaining a rate of return throughout budgetary and economic cycles, commensurate with the City of Saratoga's investment risk constraints and the cash flow characteristics of the portfolio. 9 Attachment A SARATMA tll�l, V. DELEGATION OF AUTHORITY Authority to manage the City of Saratoga's investment program is derived from the following: California Government Code Section 53600 et seq. and Saratoga Municipal Code Section 2-20.035. Management responsibility for the investment program is hereby delegated to the City Manager who shall be responsible for supervising all treasury activities of the Administrative Services Director and who shall establish written procedures for the operation of the investment program consistent with this investment policy. Procedures should include reference to: safekeeping, delivery vs. payment, investment accounting, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegations of authority to persons responsible for investment transactions. No person may engage in investment transactions except as provided under the terms of this policy and the procedures established by the City Manager. The City Manager shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. VI. ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. These officers and employees involved in the investment process shall disclose to the City Manager any material financial interests in financial institutions that conduct business with the City. Employees and investment officials shall refrain from undertaking personal investment transactions with individuals who conduct business on behalf of the City of Saratoga. VII. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The City Manager will maintain a list of financial institutions authorized to provide investment services to the City. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness and who are authorized to provide investment services in the State of California. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made except in a qualified public depository as established by state laws. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the City Manager with the following: personal interview, firm description and audited financial statements, proof of National Association of Securities Dealers (NASD) certification, proof of State of California registration, completed broker/dealer questionnaire and certification of having read the City of Saratoga's investment policy and 10 Attachment A SARATMA applicable depository contracts. An annual review of the financial condition and registrations of qualified bidders will be conducted by the City Manager. A current audited financial statement is required to be on file for each financial institution and broker/dealer with which the City of Saratoga invests prior to any transaction. VIII. AUTHORIZED AND SUITABLE INVESTMENTS The City of Saratoga is empowered by Government Code Section 53601, and further limited by this investment policy, to invest in the following types of securities: Term to Type Guarantee Limits Maturity LAIF State Fund $40,000,000 On Demand U.S. Treasury Bills U.S. No Limit 1 Year Treasury U.S. Treasury Notes U.S. No Limit 5 Years Treasury U.S. Govt. Agency Issues Federal No Limit 5 Years (e.g. FNMA, GNMA) Agencies Certificates of Deposit FDIC/FSLIC 20% portfolio per 3 Years (California Bank or Savings and institution; 30% & Loan Companies) Collateral total portfolio Negotiable Certificates of Issuing 200Io portfolio per 5 Years Deposit Institution institution; 30% total portfolio Investment Grade Public 200Io portfolio per 5 Years Obligations of California, or Entity institution; 30% Local Governments, or total portfolio Public Agencies Money Market Mutual Fund 10% portfolio per On Demand Funds institution; 20% total portfolio Passbook Savings Account Issuing Minimum necessary On Demand and Demand Deposit Bank for current cash flow Attachment A SARATMA The City shall not engage in leveraged investing, such as margin accounts, or any form of borrowing for the purpose of investing. The City shall not invest in instruments whose principal and interest could be at risk contrary to Section IV.A of this policy. Examples of these instruments are options and future contracts. Additionally, the City shall not invest in "derivatives". See Glossary for description of above securities. IX. COLLATERALIZATION Collateralization will be required on certificates of deposit and other deposit-type securities. In order to anticipate market changes and provide a level of security for all funds, the collateraIization level will be 110% of market value of principal and accrued interest, in accordance with California Government Code Section 53651 and 53652. The City of Saratoga chooses to limit collateral to those listed in Section VIII. Collateral will always be held by an independent third party with whom the entity has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City of Saratoga and retained. The right of collateral substitution may be granted. X. SAFEKEEPING AND CUSTODY All security transactions entered into by the City of Saratoga shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by a third - party custodian, in the City of Saratoga's name and control, designated by the City Manager and evidenced by safekeeping receipts. XI. DIVERSIFICATION The City of Saratoga will diversify its investments by security type and institution. Limits are provided for in Section VIII. With the exception of U.S. Treasury securities and authorized pools, no more than 30% of the City of Saratoga's total investment portfolio will be invested in a single security type or 20% with a single financial institution. XII. MAXIMUM MATURITIES To the extent possible, the City of Saratoga will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, 12 Attachment A SARATMA the City of Saratoga will not directly invest in securities maturing more than five (5) years from the date of purchase. However, the City of Saratoga may collateralize its certificates of deposits using longer-dated investments not to exceed ten (1 D) years to maturity. Debt reserve funds may be invested in securities exceeding five (5) years if the maturities of such investments coincide as nearly as practicable with the expected use of the funds. The City of Saratoga will retain a general operating reserve adopted annually by the City Council. The amount of active deposits and inactive investments with maturity of one year or less shall always be equal to or greater than the required general operating reserve. The report discussed in Section XV shall demonstrate this policy is in effect. XIII. INTERNAL CONTROL The City of Saratoga is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1 the cost of a control should not exceed the benefits likely to be derived, and (2 the valuation of costs and benefits requires estimates and judgments by the City Manager and staff. Accordingly, the City shall establish an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures. The internal controls shall address the following points: ■ Control of collusion. • Separation of transaction authority from accounting and recordkeeping. • Custodial safekeeping. • Avoidance of physical delivery of securities. • Clear delegation of authority to subordinate staff members. • Written confirmation of transactions for investments and wire transfers. • Development of a wire transfer agreement with the lead bank and third- party custodian. XIV. PERFORMANCE STANDARDS The investment portfolio shall be designed with the objective of obtaining a reasonable rate of return throughout budgetary and economic cycles, commensurate with investment risk constraints and cash flow needs. 13 Attachment A C 1 r �, 0 I SARATMA r��r. A. Market Yield (Benchmark) The City's investment strategy is passive. Given this strategy, the benchmark used by the City of Saratoga to determine whether market yields are being achieved shall be the one-year U.S. Treasury Bill. XV. REPORTING The City Manager is charged with the responsibility of including a market report on investment activity and returns in the City of Saratoga's Cash and Investment Report. The report will be in compliance with California Government Code Section 53646. XVI. INVESTMENT POLICY ADOPTION The City of Saratoga's Investment Policy shall be reviewed and adopted by the City Council annually. 14 Attachment A SARATMA GLOSSARY Asset Allocation Refers to the division of holdings in a portfolio by asset class. A common strategy is to hold assets that perform or react differently with the objective to limit or reduce risk. Benchmark A point of reference that serves as a standard for performance to be measured against. Broker A person or entity registered with the National Association of Security Dealers and provides investment services and/or execution of services in exchange for compensation. Comprehensive Annual Financial Report(£ The City's annual financial statements and footnotes, along with an executive summary, financial outlook, statistical information, and other financial information. Certificates of Deposit Commonly called time deposit certificates or time deposit open accounts. These are nonnegotiable. 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. Also refers to securities pledged by a bank to secure deposits of public monies. Custodian A bank or other financial institution that keeps custody of stock certificates and other assets, Dealer Someone who acts as a principal in all transactions, including buying and selling from his/her own account. Delivery vs. Payment The preferred method of delivering securities, with an exchange of money for the securities. Demand Deposits A deposit of monies which are payable by the bank upon demand of the depositor. 15 Attachment A SARATMA Derivative Securities that are based on, or derived from, some underlying asset, reference date, or index. Dividend A share of the income divided up amongst shareholders of a company. FDIC Federal Depository Insurance Corporation FSLIC Federal Savings and Loans Insurance Corporation Index A tool used to statistically measure the progress of a group of assets that share characteristics. This can include a group of stocks, a group of bonds, or a group of other assets. Internal Rate of Return (IRR) The discount rate at which the present value of future cash flows of an investment equals the cost of the investment. It is determined when the net present value of the cash outflows (the cost of the investment) and the cash inflows (returns on the investment) equal zero, the rate of discount being used is the IRR Liquidity An asset that can easily and rapidly be converted into cash without significant loss of value. Local Agency Investment Fund (LAIF) The LAIF was established by the State of California to enable treasurers to place funds in a pool for investments. There is a limitation of $30 million per agency subject to a maximum of ten (10) total transactions per month. The City uses this fund when market interest rates are declining as well as for short-term investments and liquidity. Money market mutual funds Mutual funds that invest in short term securities and strive to maintain a share price of $1. Negotiable certificates of deposit A bank deposit issued in negotiable form (i.e., one that can be bought or sold in the open market). Passive Investment Strategy An approach to managing the investment portfolio, which entails a "buy and hold" strategy in which investments are generally held until they mature. 16 Attachment A SARATMA Portfolio Combined holding of more than one stock, bond, commodity, cash equivalent or other asset. The purpose of a portfolio is to reduce risk through diversification. Primary Dealer A group of government securities dealers that submit daily reports of market activity and security positions held to the Federal Reserve Bank of New York and are subject to its oversight. Rate of Return The total income received over a period of time, including interest income, accretion of discount, amortization of premium, and change of market value; usually expressed as a percentage or in decimal format. Regional Dealer A dealer who is not a primary dealer, and therefore not monitored by the Federal Reserve, but is registered with the Securities and Exchange Commission. Safekeeping Offers storage and protection of assets provided by an institution serving as an agent U.S. Treasury Bills Commonly referred to as T-Bills these are short-term marketable securities sold as obligations of the U.S. Government. They are offered in three-month, six-month and one-year maturities. T-Bills do not accrue interest but are sold at a discount to pay face value at maturity. U.S. Treasury Notes These are marketable, interest-bearing securities sold as obligations of the U.S. Government with original maturities of one to ten years. Interest is paid semi-annually, U.S. Government Agency Issues Include securities, which fall into this category. Issues, which are unconditionally, backed by the full faith and credit of the United States, e.g. Small Business Administration Loans. Yield The yield refers to the interest on a bond or the dividends paid on a stock or mutual fund. Yield also includes expected capital gain or loss. 17 GSA p4 SAR41 SARATOGA �4[r paNp Memorandum DATE: May 20, 2021 TO: Finance Committee FROM: Dennis Jaw, Finance Manager SUBJECT: Fiscal Year 2021/22 Gann Appropriation Limit To comply with Proposition 4, commonly known as the Gann Spending Limitation Initiative, the City Council adopts an annual resolution establishing an appropriations limit for the following fiscal year using population and per capita personal income data provided by the State of California's Department of Finance. Each year's limit is based on the amount of tax proceeds that were authorized to be spent in fiscal year 1978/79, with inflationary adjustments made annually to reflect increases in population and the cost of living. The California Department of Finance issues a letter with the annual percentage change in California's per capita personal income and the percentage change in population in both the City and the County to jurisdictions on or about May 1st each year. Either the City or County's population factor may be used in the appropriation calculation together with the California per capita Personal Income change factor. As shown in the schedule below, the County's percentage increase in population change is combined with the State's change in per capita income to determine the City's appropriation factor. The current year's appropriation limit is then increased by this appropriation factor to calculate the Gann Appropriation Limit for the following fiscal year. The calculation for the FY 2021/22 limit is as follows: FY 2021/22 Calculation Increase in California 2020/21 2021/22 County Per Capita Appropriation Appropriation Appropriation Population Income❑ Factor Li mi t Li mi t 0.9944 X L0573 = 1.0514 X 5 48,202,474 $ 50,679,074 Summary The Gann Appropriation Limit establishes the maximum amount of tax revenue proceeds the City may appropriate in the following fiscal year. The City's proposed budget for FY 2021/22 anticipates $18,138,300 in Gann designated tax revenues, which is $32,540,774 less than the appropriation limit of $50,679,074; therefore, the City's budgeted appropriation is in compliance. Staff will bring a resolution to adopt this limit on the June 16, 2021 City Council meeting. 18 Attachment A APPROPRIATION LIMIT FACTORS For Beginning County City California Ending % YF Appropriation Population Population Per Capita Appropriation Limit June 30 Limit Factor Factor Income a Limit Increase 2013 31,907,666 1.0124 1.0070 1.0377 33,521,156 5.06% 2014 33,521,156 1.0157 1.0129 1.0512 35,790,667 6.77% 2015 35,790,667 1.0150 1.0066 0.9977 36,243,974 1.27❑/a 2016 36,243,974 1.0113 1.0000 1.0382 38,053,696 4.99❑/0 2017 38,053,696 1.0126 1.0053 1.0537 40,602,404 6.70% 2018 40,602,404 1.0081 1.0023 1.0369 42,441,648 4.53❑/0 2019 42,441,649 1.0099 1.0052 1.0367 44,434,849 4.70% 2020 44,434,849 1.0033 1.0003 1.0385 46,297,871 4.19% 2021 46,297.871 1.0037 1.0009 1.0373 48,202,474 4.11% 2022 48,202,474 0.9944 0.9901 1.0573 50,679,074 5.14❑/a FY 2021/22 Calculation ❑/a Increase in California 202012I 2021122 County Per Capita Appropriation Appropriation Appropriation Population Income❑ Factor Limit Limit 0.9944 X 1.0573 = 1.0514 X $ 48,202,474 = $ 50,679,074 Percentage ofAppropriation 2021/22 2021/22 Percentage Tax Appropriation of Revenues Linut Limit 18,138,300 1 $ 50,679,074 = 36% 19 RESOLUTION NO. 17-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO ADOPT A DEBT MANAGEMENT POLICY WHEREAS,the City Council's goal of Fiscal Stewardship is to ensure the City remains financially healthy, stable, and sustains essential services; and, WHEREAS,the City Council adopts financial policies to provide guidance and direction on the use and administration of fiscal resources; and, WHEREAS,State Government Code section 8855 as amended by Senate Bill 1029 (September 2016)requires a Debt Policy with comprehensive debt management direction on the issuance and use of debt be adopted by agencies prior to the issuance of new debt; and, WHEREAS,the City Council wishes to comply with laws and regulations related to the use of fiscal resources; and, WHEREAS, the City Council intends to issue debt in the future; and, NOW THEREFORE BE IT RESOLVED,that the City Council of the City of Saratoga hereby adopts the Debt Management Policy as shown in Attachment 1. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 5t' day of July 2017 by the following vote: AYES: Mayor Emily Lo,Vice Mayor Mary-Lynne Bernald, Council Members E. Manny Cappello, Howard A. Miller, Rishi Kumar NOES: ABSENT: ABSTAIN: :L Emily Lo, Mayor ATTEST: DATE: Cryahl Bothelio, City Clerk Attachment 1 CITY of- SARATMA re�rt, POLICY TITLE: Debt Management Policy COUNCIL ADOPTION DATE: July 5, 2017 ❑RIGINAL RESOLUTION NO.: 2017-XXX REGULATORY COMPLIANCE: State Government Code Section 8855-8859, as amended by SB 1029 on September 12, 2016 POLICY EFFECTIVE DATE: July 5, 2017 AMENDMENTS: NIA (Date Adopted& Resolution No.) POLICY CONTENT I. DEBT MANAGEMENT POLICY A. Scope and Objectives B. Statutory Requirements C. Responsibility D. Transparency II. DEBT FINANCING CONSIDERATIONS A. Debt Philosophy B. Purpose and Analysis C. Methods of Financing D. Debt Categories E. Debt Restrictions and Policy Limits III.TYPES OF LONG-TERM DEBT FINANCING A. General Obligations Bond Debt B. Assessment Bonds C. Revenue Bonds D. Mello-Roos Bonds E. Marks-Roos Bonds F. Conduit Bonds G. Certificates of Participation H. Tax and Revenue Anticipation Notes IV. BOND DEBT STRUCTURE CONSIDERATIONS A. Bond attributes V. DEBT ISSUANCE A. Guidelines on Issuing Debt B, Credit Objectives C. Methods of Sale D. Initial Disclosure Requirements E. Refunding of Debt Z:�Admin services city of Saratoga Policies\aebt Management Policy\Debt Management Policy-7.5.2017.dotx June 27,2017 1 CITY of SARATMA iLWl. VI. DEBT MANAGEMENT A. Investment of Bond Proceeds B. Use of Proceeds C. Arbitrage Compliance D. Ongoing Disclosure Requirements E. Compliance with Other Bond Covenants F. Retention G. Investor Relations H. Annual Financial Statement Audit VII. SB 1029: DEBT ISSUANCE REPORTING REQUIREMENTS A. Background B. Proposed Debt Issuance C. Report of Final Sale D. Annual Transparency Report GLOSSARY: MUNICIPAL SECURITIES TERMINOLOGY 2:�Admin 5ervices\City of Saratoga Policies\Deht Management Policy\Debt Management Policy-7.5.2017.docx June 27,2017 2 CITY of SARATMA iLWl. I. DEBT MANAGEMENT POLICY A. SCOPE AND OBJECTIVES This Debt Management Policy sets forth debt management goals for the City of Saratoga, establishes general parameters for consideration of debt financing, and provides guidance for the issuance, management, and continued administration of debt. This policy applies to debt issued directly by the City, and debt issued on behalf of the City by its Public Financing Authority. The primary objectives of this policy are to improve the quality of debt related decisions through providing an overview of common types of debt the Council may consider, the debt issuance process, and practices required for the management of a debt portfolio. Overall, this policy serves as a public commitment by City Council to: • Articulate debt policy goals. • Provide guidelines on debt issuance decisions, implementation, and maintenance. • Promote sound financial management on the use of debt, including an understanding of the different types of borrowing. • Establish maximum limits on the amount of debt outstanding and the amount of annual debt service the City will consider. • Minimize debt service and issuance costs. • Maintain a high credit rating and credit availability to maximize future debt capacity. • Demonstrate a commitment to long-term financial planning, including a multi-year capital plan and five-year General Fund operational forecast. • Provide for public accountability and transparency related to the issuance of debt through clear disclosure in budget and financial reporting documents, and annual debt reports. • Minimize legal risks by complying with all financial disclosure, reporting, and debt issuance laws while planning debt transactions, executing them, and throughout the life of the debt transaction. ■ Ensure full and timely repayment of debt. B. STATUTORY REQUIREMENTS The State Legislature created the California Debt and Investment Advisory Commission (CDIAC) in 1981 to, among other things, oversee state and local debt authorization and issuance. To meet its statutory mandate, the CDIAC establishes guidelines, policies, and procedures to be followed, including reporting forms and deadlines. In compliance with CDIAC direction, this Debt Policy shall: • Require a stated purpose for which debt proceeds may be used. ■ Identify the types of debt that may be issued. ■ Require debt have an integral relationship to the City's goals and objectives, budget and/or capital improvement program. ■ Identify the methods of sale permitted. ■ Identify permissible debt structure factors, such as maximum term limits, amortization requirements, redemption policies, credit tools, and other debt limitations. ZAAdmin 5erviceAcity of Saratoga PoliciesWeht Management Policy\Debt Management Policy-7.5.2017.docx June 27,2017 3 CITY of SARATMA iLWl. • Require internal control procedures over funds to ensure debt proceeds are directed to the intended use • Establish debt issuance authorization and compliance requirements. C. RESPONSIBILITY On an annual basis, this Debt Management policy: shall be reviewed and modified as necessary by the Finance & Administrative Services Director; brought to the Finance Committee for review; and brought to the City Council for approval. The City Manager or designee shall be responsible for enforcing this policy, and may issue supplemental procedures and memoranda that details specific directions for clarification purposes, as needed. D. TRANSPARENCY The decision to incur new indebtedness should be fully transparent and incorporated into the adopted Operating and Capital Improvement Program budget document, with full explanation and disclosure of the debt purpose, funding source, and payment obligations. Annual debt service payments shall be included in the adopted Operating Budget over the life of the financing obligation. II. DEBT FINANCING CONSIDERATIONS A. DEBT PHILOSOPHY The City's fiscal management philosophy calls for conservative and cautious practices to ensure prudent and efficient use of resources to: maintain the City's fiscal health; preserve essential services, reduce financial risk, and support short and long-term administrative, financial, and operational goals through responsible, sustainable, and enforceable fiscal policies and internal controls. This Debt Management Policy is designed to align with the City's conservative and cautious fiscal practices. The following statements summarize Council's debt philosophy: The City minimizes the use of debt funding, limiting long-term debt financing to capital improvements or special projects that cannot be financed from current or dedicated revenues. Large liabilities that result in significant financial impacts may also be considered for long-term debt financing if prompt repayment is vital to the City's well- being. In principle, long-term debt is to be used only if the debt service requirements do not negatively impact the City's ability to meet future operating, capital, and cash reserve policy requirements. ■ The City does not incur debt for operations, or for capital improvements except under extraordinary circumstances and with citizen support. Under these circumstances the City will seek voter approval for debt to undertake major infrastructure rehabilitation. • Through City Council approval, the City may function as a bonding conduit for special assessment districts. This may occur when a neighborhood is seeking to improve private or cooperatively owned infrastructure, such as private roads or water system cooperatives. The City shall require full liability protection and cost recovery as necessary to protect the City and mitigate the cost associated with such actions. Z:\Admin Services\City of Saratoga Policies\Debt Management Policy\Debt Management Policy-7.5.2017.docx June 27,2017 4 CITY of SARATMA iLWl. ■ The term for repayment of long-term financing shall: not exceed the expected useful life of the project; include financing payment terms at a manageable level; and, does not extend beyond functionally appropriate payment terms. • The City will monitor all forms of debt in conjunction with budget development throughout the year, and will promptly report concerns and remedies if necessary to the City Council. • The City will ensure compliance with bond covenants, and provide financial information to reporting parties as required. B. PURPOSE AND ANALYSIS The general purpose for debt financing must fall into one of the following categories: 1. New Money Financing - New money debt is to generate additional funding to be available for expenditure on capital projects. These funds may be used for the acquisition, construction or major rehabilitation of capital assets. 2. Refunding - Refunding bonds are issued to retire all or a portion of an outstanding bond issue. Most typically this is done to refinance debt at a lower interest rate to reduce debt service. Alternatively, some refundings are to restructure the repayment schedule of the debt, to change the type of debt instruments being used, or to retire an indenture in order to remove undesirable covenants. 3. Reimbursement Bonds - A tax-exempt bond for which the proceeds are allocated to prior expenditures originally paid from sources other than bond proceeds. A proposed debt financing request must fully and clearly state the purpose, funding use, debt type, and the reasons debt financing is being requested, including a critical analysis on whether debt financing is beneficial for the project and the City. The analysis is to include a detailed consideration of available alternatives, debt funding sources, and whether the debt conforms to the City's long-term financial planning objectives. As a checklist, the analysis of proposed debt should: • Confirm that the capital project, infrastructure improvement, or asset is eligible for short- or long-term financing. ■ Assure the total cost of the capital project, infrastructure improvement, or asset includes contingency funding and financing costs. • Review available financing options, cost effectiveness, and cost-benefit factors. • Identify and assess alternative bond structures. • Identify the source and reliability of a revenue stream to fund annual debt service. • Appraise the municipal bond market, including economic and interest rate trends, and appropriateness of market timing. C. METHODS OF FINANCING Under the City's fiscal management philosophy, the City manages its cash in a manner that ensures ongoing operational expenses are met, thereby preventing the need for borrowing. Capital funding is viewed under the same available funding philosophy, meaning the City subscribes to acquiring funds through grants and accumulated net operational savings for one-time cash flow funding, as a general rule. Debt obligations Z:\Admin Services\City of Saratoga Policies\oebt Management Policyloebt Management Policy-7.5.2017.docx June 27,2017 5 SARATMA st�-rr. are to be considered only after giving due consideration to all available funding sources, including available cash reserves, available current revenues, future revenue sources, potential grants, and all other financing sources legally available to be used for such purposes. 1. Cash Funding The City funds a significant portion of capital improvements on a "pay-as-you-go" basis. City generated capital improvement funding is typically accumulated from excess operational revenues [aka Net Operations], that is directed into a Capital Project Reserve at year end. This reserve funding is then distributed to capital improvement projects by Council as part of the annual budget process. As part of a "pay as you go" strategy, the City may accumulate capital improvement funding for several years, or contribute a portion of the project cost and look for grant funding to supplement the cost of the project. 2. Interfund Borrowing The City may borrow internally from other funds with surplus cash, in lieu of issuing bonded debt. Purposes warranting the use of this type of borrowing could include short-term cash flow imbalances due to grant terms, interim financing pending the issuance of bonds, or long-term financing in lieu of bonds for principal amounts under $5 million. The City funds from which the money is borrowed may, at Council's discretion, be repaid with interest based upon the earning rate of the City's investment pool or other designated market rate. The Finance & Administrative Services Director shall exercise due diligence to ensure that it is financially prudent for the Fund making the loan. Interfund loans will be evaluated on a case by case basis. Any borrowing between two City funds which exceeds the City Manager's authority for services requires a repayment schedule approved by City Council and may include an interest rate based on the market at the time the loan was taken out. The purpose of interfund borrowing is to finance high priority needs and to reduce costs of interest, debt issuance and/or administration. 3. Bank Loans/Lines of Credit Although the City does not typically utilize lines of credit or short-term anticipation notes for the financing of capital projects, temporary financing instruments may be evaluated as a financing option. 4. Other Loans The City will evaluate other loan programs under specialized circumstances, including but not limited to State or Federal loans, loans from other governmental agencies, private loans, and non-profit foundations. S. Bond Financing The City may issue bond types that are allowed under federal and state law including, but not limited to: general obligation bonds; certificates of participation; revenue bonds; assessment district bonds; and special tax bonds. Z:�Admin services\City of saratoga Policie5\0ebt Management Policy\Debt Management Policy-7.5.2a17.dotx June 27,2017 6 SARATMAst�-r,r, Conduit bond financing, where the City issues debt that is borne by another party, does not constitute a general obligation of the City. However, the same level of due diligence and transparency prior to bond issuance is required. The City will consider requests for conduit financing on a case by case basis. 6. Non-Profit or Joint Powers Authority (JPA) Co-op In addition to long and short-term financing instruments, the City may also consider joint arrangements with other governmental agencies when a project serves the public interest beyond City boundaries. D. DEBT CATEGORIES As part of debt financing considerations, the following debt-term categories are defined and identified as appropriate for specific purposes: 1. Short-term Debt Some cities in California utilize short-term loans for short-term liquidity needs. As a practice short-term instruments are not utilized by the City of Saratoga however, short-term borrowing is permissible if necessary under exigent circumstances. This could include large unexpected working capital cash needs after a catastrophic event, or the need for an interim method of financing until long term borrowing or grant funds have been secured. The City Council may choose to authorize the use of short-term instruments if future revenue will be sufficient to repay the debt within a maximum 18 months short-term debt timeframe requirement. 2. Intermediate-Term Debt Lease/Purchase Debt Typically, intermediate term debt is used for Lease-Purchase financing where fixed assets/equipment have limited useful lives due to rapidly evolving technology or changing needs, making the purchase of an asset/equipment unfavorable. Examples of appropriate uses include leasing electric vehicles or multi-function devices, (formerly known as copiers), for which technology is improving both quality and functionality significantly before the useful life is over, or when long-term maintenance costs on purchased assets increase total cost significantly. These types of leases are allowed over a repayment term not to exceed 10 years. 3. Long-Term Municipal Bond Debt City philosophy establishes the preference to fund capital projects with available cash or grant funding, to the extent possible and practical. As part of infrastructure funding strategy, the City will first look for available grant funding for capital improvement projects, then to current dedicated revenues, capital project reserves, and current year operational funding. As a result, large projects are often completed in phases. However, the City will consider the use of long-term municipal bond financing to fund major infrastructure needs under the following circumstances: a) A capital project is immediately required to meet or relieve capacity needs and current resources are insufficient or unavailable. b) A capital project is mandated by state or federal requirements, and current resources are insufficient or unavailable. c) The capital project lends itself to debt financing rather than funding over an extended time period, based on cost and the expected useful life of the asset. d) Other financing options have been explored and are not viable for the timely or economic acquisition or completion of the major capital project or asset. 2:�Admin services\City of saratoga Poiicies\Deht Management Policy\Debt Management Policy-7.5.2017.dotx June 27,2017 7 CITY of SARATMA iLLtl, E. DEBT RESTRICTIONS AND POLICY LIMITS Existing debt adversely affects an entity's credit rating. This in effect means an entity's debt capacity is limited by cost as the risk/price of borrowing increases with more debt. Therefore, it follows that only the highest-priority projects should be considered for debt financing, as funds borrowed and funds committed for debt service of currently financed projects would not be available for future projects or operational uses. Through this policy, the City Council limits debt financing by the following legal limits, financial limits, operational guidelines, and public policy: 1. Legal/Statutory Limits Legal restrictions may be determined by State constitution or law, local charter ordinances, or bond referenda approved by voters. At the highest level, California Government Code section 43605 states: A city shall not incur an indebtedness for public improvements which exceeds in the aggregate 15 percent of the assessed value of all real and personal property in the city. Within the meaning of this section, "indebtedness" means bonded indebtedness of the city payable from the proceeds of taxes levied upon taxable property in the city. This provision, however, was enacted when assessed valuation was based upon 25 percent of market value. Effective with the 1981/82 fiscal year, property parcels are now assessed at 100 percent of market value, based on the most recent ownership change for that parcel, and adjusted upward annually by a maximum of +2 percent. To reflect the intent of the debt limit in Section 43605, the stated 15 percent of assessed level would be adjusted to one-fourth of that level, or 3.75 percent of the assessed value of all real and personal property of the City. In addition, special assessment debt, revenue bond debt, and certificates of participation debt are excluded from the debt limit calculation as State debt limit guidelines pertains primarily to General Obligation Debt. Following the City's cautious and conservative financial practices, the City chooses to limit General Obligation Bond Debt to 1.0 percent of the City's assessed valuation - far lower than the State's maximum debt limit of 3.75 percent. Further, cumulative annual debt service payments for all bond issues supported by the General Fund are limited to a maximum of 10 percent of annual General Fund Revenue. As a public policy check, taxpayer surveys and subsequent election results will establish the actual threshold residents would approve. This policy establishes maximum debt limit guidelines for financial management purposes. 2. Financial Limits a) In line with the maximum 1.0 percent of assessed valuation maximum debt policy, General Obligation debt financing assessments are further restricted so as not to exceed the lower of either: • $5,000 debt per capita Total annual maximum debt service assessment on $10,000 per $1 million of assessed value 2:�Admin 5ervices\City of Saratoga Policies\Deht Management Policy\Debt Management Policy-7.5.2017.docx June 27,2017 8 CITY of SARATMA iLWl. b) The City will not obligate the General Fund to secure long-term financing unless the community will benefit as a result of the improvement and estimated future revenues from the project or funding resources are sufficient to repay the debt obligation. c) Short term debt shall not exceed 10 percent of the General Fund's annual budgeted revenue at any point in time. d) Long-term financing can be marketed with investment grade credit ratings, and the City can maintain its high credit ratings. 3. Operational Restrictions a) Long-term bond debt is restricted to major capital infrastructure projects identified in the adopted Capital Improvement Plan. Project costs include planning, design, construction and land acquisition, as well as related fixtures and equipment. b) Bond debt funding shall not be used for ongoing operating expenses or liabilities such as infrastructure maintenance or for pension obligation bonds (POBs) to fund unfunded pension liabilities. c) Variable rate bonds may cause debt service payment fluctuations and uncertainty in cash flows. Based on the City's conservative financial management philosophy, variable rate bonds are not suitable for capital infrastructure funding, and therefore not allowed as a debt financing tool. d) To be eligible for debt funding, short term financed assets must have a minimum useful life of one year, intermediate-debt for five years, and for long-term debt, an asset must have a minimum useful life of twenty years. 4. Lang-Term Debt Public Policy Limits The following policies further enforce the City's fiscally conservative philosophy. Each must be considered under the circumstances and in relation to the other parameters. a) Long-term financing shall be considered for major infrastructure projects where the burden of payment rests more directly on select taxpayers or beneficiaries, such as for special assessment projects, project revenue bonds, or economic development projects, and exceeds a minimum bond indebtedness of $1 million. b) General obligation bond debt may be considered for large public infrastructure projects where project costs exceeds the minimum bond indebtedness of $5 million, a significant proportion of City residents would benefit from the debt financing purpose, and public opinion surveys indicate a favorable vote of approval. c) The life of the project or asset to be financed is 10 years or longer, and the financing term exceeds the useful life of the project or asset. III. TYPES OF LONG-TERM BOND DEBT FINANCING The following describes common types of long-term debt instruments that may be considered to meet financing objectives. A. GENERAL OBLIGATION BOND DEBT General Obligation (G.O.) bonds are the traditional form of debt financing for large capital projects such as the acquisition, construction, or remodeling of buildings. As voter 2:Wmin 5erviceAcity of Saratoga PoliciesWeht Management Policy\Debt Management Policy-7.5.2017.docx June 27,2017 9 CITY of SARATMA ►�crr, authorization is required for a City to issue G.O. bonds, and funded by the City's ad valorem taxing authority, this debt represents the most secure type of City debt. Therefore, when voters approve a G.O. Bond, they are simultaneously approving a tax levy on their real or personal property to cover the debt service payments, In California, local agency G.D. bonds must be approved at an election by at least 2/3 of the voters (school bonds require a 5511/o majority). Saratoga residents passed a 30 year G.O. band issue in 2001 to remodel the City's Library building. While G.O. bonds are typically the least expensive long-term debt available, there are a number of drawbacks: delays due to voter approval requirements; the possibility voters d❑ not approve the bond issuance and project; and state or agency debt limit restraints. B. ASSESSMENT BONDS Special assessment debt is a type of land-secured municipal bond used to fund a development or community project for a specific third party entity, The debt is repaid from taxes assessed on the district's property owners who benefit from the improvements financed by the bonds. The issuance of these bonds is subject to a two-thirds (2/3) approval of the land-owners voting in the election. Voters are limited to the property owners within the designated area defined as a "community benefit" or"special assessment" district that receives the benefit of the project. For example, if a special assessment bond is issued to pay for the initial roadway or for repairs on a private street, the local government would levy a special assessment tax on the property owners designated as belonging to that special district on that private street. The special tax assessments are then used to retire the interest and principal payments on the bond debt. C. REVENUE BONDS Revenue bond long-term debt is issued by municipality, state, or public agencies, typically to build, acquire, or improve a revenue-generating asset or service. In turn, debt service is commonly repaid by the revenue generated by the project or service funded by the bond proceeds, with the intent that the beneficiaries pay for a fair share of the costs. Revenue bonds are designed to be self-supporting through user fees or special earmarked receipts. The general taxing power of the jurisdiction is not pledged. Enterprise Revenue Bonds are repaid by the earnings from the operations of a revenue- producing enterprise; Special Revenue Bonds are repaid from special taxes/assessments, and Lease Revenue Bonds from contract leases or rental agreements. Investors consider Revenue Bonds less secure than general obligation bonds as the debt service revenue comes from user fees of the capital asset that is being funded, with the local entity responsible for establishing and collecting sufficient revenues to retire the debt through fees or rates. As a result, borrowing costs are typically higher than those on general obligation bonds. D. MELLO-ROOS BONDS The Mello-Roos Community Facilities Act of 1982 authorizes a public entity to form a Community Facilities District (CFD), also known as a Mello-Roos district. Once formed, the district can finance facilities and provide services. Upon approval by at least two- thirds of the registered voters or landowners within the district, the district may issue bonds secured by a levy of special taxes (not ad valorem). The security of the bonds is 2:�Admin Services\City of Saratoga Policies\Deht Management Policy\Debt Management Policy-7.5.2017.docx June 27,2017 10 CITY of SARATMA iLWl. provided by properties within the district. The special taxes are not assessments, and there is no requirement that the special tax be apportioned on the basis of benefit to the property. The public entity is not liable for the repayment of these bonds, but acts as an agent for the property owners/bondholders in collecting and forwarding the special assessments. E. MARKS-'ROOS BONDS The Marks-Roos Local Bond Pooling Act of 1985 provides Joint Powers Authorities (]PAS) with broad powers to issue bonds for a wide variety of purposes. As the name of the Act implies, the law was originally enacted to facilitate local bond pooling efforts, which allowed local agencies to achieve lower costs of issuance through spreading fixed costs across a number of small issues. Debt repayment would be dependent on the type of bonds issued. F. CONDUIT BONDS The City may issue conduit bonds for related agencies provided the improvements to be financed have a general public purpose (e.g. infrastructure, economic development, housing, health facilities, etc.) consistent with the City's overall operating and capital plans. Principal and interest is to be paid from project revenues or specific taxes. Conduit debt bonds are not included in the City's debt burden because they are secured solely by revenues of the private or non-profit party. Principal and interest on conduit bonds is paid solely from the net revenues of the project. Issuance of these bonds does not constitute a general obligation of the City. The City will obtain a clear opinion that it will not be liable for the payment of principal and interest in the event of default by the conduit borrower by independent bond counsel. If no such opinion can be obtained, the conduit borrower will purchase insurance or a letter of credit in the City's name to protect taxpayers in the event of default. The City will require a commitment from all institutions that borrow money under the City's name to agree to provide the market with continuing disclosure information. G. CERTIFICATES OF PARTICIPATION Certificates of Participation (COPS) are a widely used type of lease-purchase financing mechanism where a public entity seeking to acquire an asset enters into an agreement to pay a fixed amount annually to a third party, that are considered installments toward the purchase of the asset. The agreement allows the lessor to assign the rights to the lease payments to investors via certificates of participation. Each certificate signifies that the investor owns a proportional interest in the lease payments to be made by the governmental entity. The participants in a lease-purchase agreement are (1) the government entity lessee, (2) the lessor, which may be a private firm, vendor, or another governmental entity, and (3) investors. Under a capital lease or Certificate of Participation issue, the City is obligated to annually budget for the rentals that are due and payable during each fiscal year; as such, payments cannot be accelerated. Because of this, capital leases are not considered an indebtedness of the City under State statutes. However from a credit or accounting perspective, all or most of this type of debt may be considered an obligation of the City. For instance, under Z:\Admin Services\City of Saratoga Policies\Debt Management Policy\Debt Management Policy-7.5.2017.docx June 27,2017 11 CITY of SARATMA iLWl. governmental accounting principles, a minimal buy-out payment at the end of the lease term indicates the lease is in true form a purchase, and shall be accounted for as such throughout the issuance term. H. SHORT-TERM ANTICIPATION NOTE FINANCING Revenue Anticipation Notes (RANs), Tax Anticipation Notes (TANs), Tax and Revenue Anticipation Notes (TRANS), Grant Anticipation Notes (GANs), and Bond Anticipation Notes (BANS) are all types of short-term borrowings issued by municipalities to finance cash flow deficits that occur due to irregular receipt of tax and/or revenues to fund working capital requirements for operating expenses, or to provide interim bridge financing for bond or grant financed capital projects. Typically, the issuers (ones owing the debt) are required to repay all principal and interest with current fiscal year revenues, but no longer than 18 months; to borrow no more than the projected cash-flow deficit; and to provide detailed cash flow projections and comprehensive documentation. IV. BOND DEBT STRUCTURE CONSIDERATIONS A. BOND ATTRIBUTES 1. Interest Rates a) Fixed Interest Rate Bonds - A bond with interest rates established or"fixed" at the time the bond is issued. Unlike a typical mortgage fixed interest rate, bond fixed interest rates may vary slightly from year to year over the term of the bond. These fluctuations are a factor of structuring the bonds to attain the lowest possible total cost while maintaining a high level of attractiveness for bond buyers. Bonds are typically designed to pay a higher interest rate for those bonds held for longer terms, than those maturing in the near term. This higher rate is associated with a higher risk in long-term economic projections. b) Variable Interest Rate Bonds - A bond with floating coupon payments that are adjusted at specific intervals. Generally, the current Money Market Rate is used to set interest rates, plus or minus a set percentage. As a result, coupon payments change over time. Investment risk is offset by lower initial interest rates, but the long term costs are uncertain, as rates may increase significantly. c) Interest Only Bonds - A long-term debt structure that delays the repayment of principal for a set time period in order to offer lower front-end payments. This type of debt incurs a greater cost over the term of the bond as the full amount of the debt is carried for a longer time period. Under this policy and in alignment with the City's conservative and cautious fiscal policies, the City limits permissible debt structures to Fixed Interest Rate Bonds, with debt amortized on a fairly level basis over the life of the debt. 2. Debt Service Under Fixed Interest Rate Bonds, the amortization of the debt, and to the extent possible, the anticipated debt service payments will closely match cash flows. Z:\Admin Services\City of Saratoga Policies\Debt Management Policy\Debt Management Policy-7.5.2017.docx June 27,2017 12 SARATMA s��-rr, To maintain funding consistency, the City will structure debt with fairly level debt service payments over the life of the debt. This may be accomplished with varying principal payment amounts to offset interest rate increases or decreases on that year's bond maturities. Debt Service with unlevel payments may be considered or necessary when one or more of the following exist: • Natural disasters or extraordinary unanticipated external factors make payment on the debt in the early years prohibitive. • Unlevel structuring is beneficial to the City's aggregate overall debt payment schedule. ■ Such structuring would more closely match project revenues. 3. Bond Maturity Factors that drive bond maturity dates include the size of the bond, asset life span, purpose, debt service requirements, interest rates, and economic conditions. Additionally, financial standards drive bond maturity terms. The City chooses to follow the current standards, where the maximum term for bond issuances exceeding $50 million is not to exceed 40 years, and bond issuances under $50 million is not to exceed 30 years. 4. Tax Exempt Status One of the biggest advantages of investing in municipal debt is that the interest is usually exempt from federal taxes and most state and local taxes (if the investor lives in the state or municipality issuing the debt). Generally speaking, this exemption means that investors in high federal tax brackets benefit from tax free investment earnings. Because of this relationship, there is usually stronger demand for municipal debt in high-tax states. Accordingly, City bonds shall be tax-exempt, unless the constraints imposed justify the increased cost of a taxable transaction. 5. Sizing The Bond Issue amount shall include all construction costs, including acquisition of land, preliminary assessments, planning, design, building costs, construction loan interest, as well as bond issuance costs. Bond issue size shall also consider purpose, debt service requirements, interest rates, economic conditions, and other pertinent factors. 6. Call features In general, fixed rate, tax-exempt bonds will be issued with a provision that allows the City to call outstanding bonds 10-years after the bond delivery date at par (i.e., no call premium). Shorter and continuous calls may be considered to increase program flexibility based on market conditions at the time of pricing. 7. Credit Enhancements In the event the highest credit rating is not assigned, the interest rate cost of the bond issuance increases. The City shall consider the use of bond insurance or other credit enhancements if a significant savings is produced through Its use, or when necessary for marketing reasons. Z:�Admin Services\City of Saratoga Policies\Debt Management Policy\Debt Management Policy-7.5.2017.docx June 27,2017 13 SARATMA s��-rr. V. DEBT ISSUANCE A. GUIDELINES ON ISSUING DEBT 1. Authorization of Debt All long-term financing transactions shall be approved by the City Council in a public hearing at a regularly scheduled, noticed meeting. The City Council shall comply with all public hearing requirements applicable to the specific type of bond being approved. CDIAC direction shall guide debt issuance, operational procedures and management, internal controls, and debt reporting. 2. Debt Issuance Decision Factors Many factors influence the financing decision. In deciding how to proceed, the following should be considered in the analysis: • Interest rates, loan terms, and the issuance costs of debt financing versus the benefit to be gained from the financing. ■ Public support for the project. • Costs and public impacts from not proceeding with the project. ■ The possibility that political controversy or litigation may arise from the bond issuance. ■ Operational impacts to the organization and community. 3. Debt Issuance Consultants Debt Issuance is a complex financial and legal process, and requires a working group of experienced professionals to successfully complete a debt issuance. It is common for agencies to hire outside consultant to work with staff as a Financing Team to guide the bond issuance process. The outside consultants consist of the following: • Financial Advisor The Financial Advisor (FA) is a professional consultant or investment firm retained to advise and assist the issuer in formulating and/or executing a debt-financing plan. The FA is typically the primary consultant for a bond issue and is retained prior to planning a transaction. • Bond Counsel Bond Counsel refers to the attorney/legal firm hired to provide a legal opinion delivered with the bonds confirming that the bonds are valid and binding obligations of the issuer, and that interest on the bonds is tax-exempt (if applicable) from federal and state income taxes. • Underwriter An Underwriter is a firm that purchases bonds directly from a bond issuer and resells them to investors. Underwriters are intermediaries between issuers and investors, providing the conveyance link in the marketplace by purchasing whole bond issues, and then reselling in desired lots to investors. • Underwriter's Counsel(optional) Underwriter's counsel is customarily selected by the underwriter to represent the underwriter and its interests in a negotiated sale. Normally, the underwriter does not retain counsel for competitive sales. Underwriter's counsel will customarily review, from the underwriter's perspective, the documents prepared by bond Z:�Admin Services\City of Saratoga Policie5\aebt Management Poky\Debt Management Poky-7.5.2017.dotx June 27,2017 14 SAKATMA s��-rr. counsel, and will negotiate matters relating to those documents on behalf of the underwriter. • Special Financing District Consultants (optional) Special Financing District (SFDs) consultants are involved in the formation of special tax, fee, and assessment districts. They represent property owner's interests in the funding of infrastructure or service improvements. SFDs provide fees, rates, and other types of financial assessments and calculations to tax and administer the districts. 4. Selecting and Managing Debt Issuance Consultants The City's selection of financial bond advisors will contribute to the effectiveness of a bond issuance, and impact the final outcome. The City will conduct a request for proposal/qualifications process to select such consultants. Applications will be reviewed to assess the professional qualifications and experience of consultants as it relates to the particular bond issue or other financing under consideration. The consultants should have documented experience in providing their specialized services, for financings of similar size, types, and structures of issues. B. CREDIT OBJECTIVES A debt issuance credit rating is a public and independent opinion on the creditworthiness of a bond issuer to make timely payments of principal and interest on a bond debt. A credit rating agency will assign its rating to a particular debt issue and to all the outstanding debt issued under the same security or credit pledge. One or more credit rating agencies may be engaged to provide a credit rating. Having a bond issuance rated is advisable as institutional investors are often restricted from purchasing unrated debt or debt below a certain rating threshold, thereby credit ratings broaden the investor base. Additionally, if a high rating is obtained, the risk is lowered, and with lower risk - the cost of debt decreases. On the other hand, the issuance of additional debt is not recommended if the additional debt burden causes less favorable ratios and measurements to reduce the City's Prime Grade bond rating. Accordingly, favorable credit ratings provide a material benefit to the cost of borrowing. 1. Credit Rating Credit Ratings are a reflection of the general fiscal soundness of the City and the capabilities of its management. Typically, the higher the credit ratings are, the lower the interest cost is on the City's debt issues. To enhance creditworthiness, the City is committed to prudent financial management, systematic capital planning, and long- term financial planning. The City recognizes that external economic, natural, or other events may, from time to time, affect the creditworthiness of its debt. The most familiar nationally recognized bond rating agencies are Standard and Poor's, Moody's Investors Service, and Fitch Ratings. When issuing a credit rating, rating agencies consider various factors including but not limited to: • City's ability to repay debt; • City's fiscal status; • City's general management capabilities; Z:�Admin Services\City of Saratoga Policies\Debt Management Policy\Debt Management Policy-7.5.2017.docx June 27,2017 15 CITY of SARATMA iLWl. 0 Economic conditions that may impact the stability and reliability of debt repayment sources; • City's general reserve levels; ■ City's debt history and current debt structure; ■ Project being financed; ■ Covenants and conditions in the governing legal documents. Bond Ratings Typically, a rating from at least one nationally recognized rating agency on new and refunded issues being sold in the public market is advisable to open the issuance up to a broader market. The Financing Team will determine whether a credit rating should be obtained, and request a rating if appropriate. When applying for a rating on an issue, a formal presentation of the City's finances and developments within the City may need to be prepared for presentation to the rating agency. Rating Agency Communication The City shall maintain positive working relationships with the top rating agencies that assign ratings to the various debt obligations. This effort would include providing the rating agencies with financial documents and statements, as well as any additional information requested. The City's current long-term G.C. Bond Prime Grade rating of`AAA'from Standard & Poor's is Standard & Poor's highest attainable rating as shown in the chart below. Comparable investment grade ratings from other credit rating agencies are shown for reference: Standard Bond Rating Descripton &Poors Moody's Fitch Prime Grade AAA Aaa AAA High Grade AA+ Aa 1 AA+ AA Aa2 AA AA- Aaa AA- Upper Medium Grade A+ Al A+ A A2 A A- A3 A- Lower Medium Grade BBB+ Baal BBB+ BBB Baa2 BBB BBB- Baa3 BBB- 2. Credit Rating Considerations: The following should be considered in advance of obtaining credit rating services for future bond issuances: a) Cost of credit rating - Evaluate the potential economic benefit from a credit rating in the form of lower bond yields compared to the cost of obtaining and maintaining the rating. b) Size of issuance - In general, a debt issue with lower bond par amounts may not benefit from a credit rating as much as ones with a larger bond par amount. While Z:\Admin Services\City of Saratoga Policies\oebt Management PolicylDebt Management Policy-7.5.2017.docx June 27,2017 16 SAKATMA credit rating fees often vary with issue size, ratings are generally more cost effective for larger size transactions. c) Frequency of issuance - In general, the more frequently an issuer plans to issue debt, the greater the potential benefit will be from obtaining a credit rating. A more frequent debt issuer may benefit from expanding its investor base in order to successfully finance a large debt program, and a credit rating may help attract a greater number of investors to a particular debt issue. d) Method ofsale - A debt issue sold in a public offering (via negotiated or competitive sale) may benefit from obtaining a credit rating, while a rating may not be required or necessary for a private placement or direct purchase. e) Administrative workload - Administrative duties are required to obtain a credit rating and maintain the rating throughout the life of the bonds. Once a rating is requested, the formal credit rating process itself may take as long as 4-6 weeks to complete. The process may include in-person meetings, calls with rating analysts and project site visits, which does not include the time and resources an issuer must commit in advance to prepare for the rating process. f) Information gathering - A substantial amount of information must be provided to the rating agency, which may include: (1) history of issuer; (2) management and governance structure; (3) multi-year budget documents; (4) financial policies and procedures; (5) bond documents and (6) audited financial statements. g) Multiple credit ratings - Issuers should consult with members of their financing team, particularly their municipal advisor (if one is retained) and their underwriters (if sold through a negotiated sale) on the potential economic benefits, as well as the potential costs and administrative workload of obtaining one or more credit ratings for a particular debt issue. Some institutional investors require a minimum of two ratings. 3. Managing the Credit Relationship If the City decides to move forward and obtain a credit rating, the following should be addressed: a) Preparation - Review the selected credit rating agency methodologies and the City's likely rating under them before requesting a rating. City management shall be prepared to address the specific criteria in meetings with the rating agencies. b) Financial Analysis - The Credit Analyst will review the Comprehensive Annual Financial Report in detail. The CAFR report should reflect and articulate the well thought out financial planning and management of the City's budget planning, financial management, and operational strategies. Financial policies shall be comprehensive and available for review. Financial reports shall demonstrate the financial stability of the City through standardization of activities and cash reserves, and strong financial ratios on its balance sheets. c) Disclosure of non-public information - During the rating process, issuers may be asked to provide non-public information such as internal revenue forecasts, projections or other forward-looking statements. Issuers should consult with their counsel before disclosing non-public information and request that such information, if provided, remain confidential. d) Consistent Message - City management shall take a systematic and comprehensive approach to manage the City's relationships with the credit rating firm as they 2:�Admin services\City of saratoga Poiicies\Debt Management Policy\Debt Management Policy-7.5.2017.dotx June 27,2017 17 SAKATMA st�-r,r, develop their opinions. City management shall be responsive to these requests in a timely manner with accurate and comprehensive information, and ensure the provided documents consistently convey key messages to the rating agency. e) Review - City Management should be prepared to review draft rating opinions prior to publication and submit any comments on a timely basis. f) Follow-up - Once a credit rating is assigned, City staff are to supply annual reports if requested, as well as keep the credit rating agency informed of any subsequent material events that may impact its creditworthiness or ability to make timely payments of interest and principal. The City is directly responsible for managing the rating agency relationship throughout the term of the bonds and should not delegate this responsibility to any other party (e.g., municipal advisor, underwriters). C. METHODS OF SALE 1. Competitive vs Negotiated Sale Bond issues should be sold using the method of sale that is most likely to achieve the lowest cost of borrowing while taking into account both short-range and long-range implications. Differences in bond structure, security, size, credit ratings, and market conditions will produce different results. Competitive Sales - A competitive bond sale is when bonds are offered to multiple underwriters/investors, who then submit sealed bids to purchase the bonds. The bonds are awarded based on lowest "True Interest Cost". Competitive sales are recommended for simple financings with a strong underlying credit rating. Negotiated Sales- A sale of securities to investors through an underwriter, or the private placement of the securities with a financial institution or other investment broker. The negotiated sales process provides control over the financing structure and issuance timing. If the negotiated sale option is utilized, City staff would work with the Financial Advisor or Bond Consultant to negotiate the best possible interest rates for the City. Negotiated sales are recommended for unusual financing terms, periods of market volatility and weaker credit quality. A thorough evaluation of market conditions should be made to ensure reasonable final pricing and underwriting spread. As circumstances can vary significantly over time and situation, there is no clear policy recommendation on whether to proceed with a negotiated sale or a competitive sale. 2. Private Placements A bond issue that is structured specifically for one purchaser. Private placements are typically carried out when extraneous circumstances preclude public offerings, such as for small issuances of conduit debt, when capital requirements are too small to bear the cost of a public debt issuance, or when debt obligations would have a short amortization schedule. Staff, in conjunction with qualified legal counsel and municipal advisors, shall evaluate the cost-effectiveness of alternative financing methods before the City conducts a private placement of debt. A private placement is considered to be a negotiated sale. D. INITIAL DISCLOSURE REQUIREMENTS The City and Financing Team shall comply with all disclosure responsibilities for a bond issuance. Under the guidance of Counsel, the City's underwriter shall distribute a 2:�Admin services\City of saratoga Poiicies\Deht Management Policy\Debt Management Policy-7.5.2017.dotx June 27,2017 18 SAKATMA st�-rr. Preliminary Official Statement and final Official Statement as required for a bond issuance. If Private Placement bonds are used, a "Private Placement Memorandum"should be posted and submitted to the City Council for transparency and documentation. The Financing Team shall be responsible for obtaining material information to prepare the Official Statement or memorandum. In doing so, the Financing Team shall confirm that the Initial Disclosure document accurately states all material information relating to the decision to buy or sell the subject bonds, and that all information in the Official Statement or Memorandum has been critically reviewed by an appropriate person. In connection with an initial offering of securities, the City and other members of the Financing Team will: • Identify material information that should be disclosed in the statement; • Identify other persons that may have material information (contributors); • Review and approve the Official Statement or Memorandum; • Ensure the City's compliance, and that of its related entities, with federal and state securities laws. E. REFUNDING OF DEBT Bond refundings refers to the retirement of all, or a portion of, an outstanding bond issue. Most commonly, refundings are used to achieve borrowing cost savings, but may also be issued to remove or revise burdensome bond covenants, to change the type of instruments being used, or to restructure a bond in order to revise debt service payments. I. Issuance Considerations When issuing bonds, future refunding opportunities are to be considered and preserved if reasonable through optional redemption provisions. The typical optional call on a tax exempt bond is 10 years from the date of issuance. Earlier call dates may result in somewhat higher costs, and should be evaluated for cost to benefit. On taxable bonds, call structures vary and all options should be evaluated. 2. Bond Refundings Refunded bonds are classified as either current or advance refundings. A current refunding is one in which the outstanding (refunded) bonds are redeemed within 90 days from the date the refunding bonds are issued. In an advance refunding, the refunded bonds remain outstanding for a period of more than 90 days from the date the refunding bonds are issued. Under federal tax law, a tax-exempt advance refunding may occur only once over the life of the bonds. Taxable bonds may be subject to different restrictions or tax law. However, the methodology for determining when a refunding might be appropriate may be applied to all types of bonds. 3. Bond Coupons Future refunding opportunities also depend on the coupons - not the yields - on the bonds to be refunded. Bonds with relatively high coupons (e.g. 5%) are more likely to be refunded than bonds with lower coupons. The municipal advisor or others in their finance team may provide direction to determine market preferences at the time of issuance and whether a higher or lower coupon (premium or discount bonds) provide the best economic conditions to ensure future refunding opportunities. ZAAdmin Services\City of saratoga Policies\aebt Management Poky Debt Management Poky-7.5.2017.dotx June 27,2017 19 CITY of SARATMA iLLtl, 4. Opportunity Monitoring Bonds are to be monitored to identify and monitor potential refunding opportunities. For Saratoga, with limited bond issuances, this review is to take place in conjunction with the annual review of this policy. Any bond issuance that may be nearing advantageous refunding status shall be monitored and evaluated more closely throughout the year. S. Refunding Guidelines Decision guidelines to determine when to refund outstanding bonds include: Net Present Value Savings - A minimum net present value (NPV) savings of 2% or a minimum of $500,000 are to be achieved to undertake a refunding, with further consideration given to whether the call would be for an advance or current refunding. Higher savings could be required for advance refundings, or for refundings with longer periods from the call date to maturity on a situation by situation assessment. Current refundings may warrant lower savings thresholds than are set for advance refundings. Negative Arbitrage Efficiency - In a proposed advance refunding, negative arbitrage is how much of potential debt service savings are lost in funding the escrow to the call date. Negative arbitrage is typically in the form of a penalty paid prior to a stated call date, and is to be considered in the NPV savings calculation before a refunding is undertaken. Rate Efficiency/Sensitivity Analysis - Advance refundings are pursued to obtain lower interest rates than would be available at the call date. This requires that a rate sensitivity analysis be conducted to determine how much the interest rates have to rise by the call date to produce savings matching those that could be achieved with an advance refunding. This analysis could result in simply waiting until the call date to refund the bonds. Refunding Efficiency - The call feature included in municipal bonds has an economic value, and involve complex calculations that should be requested from the bond advisors. Considerations on the value added should be included in the bond issuance analysis. 6. Refunding execution At the outset of a bond refunding process, the City should follow the same procedures as for initial bond issuances. This is key as bond refunding may have special considerations such as call/defeasance notices or escrow account requirements that must be addressed in the process. VI. DEBT MANAGEMENT A. INVESTMENT OF BOND PROCEEDS Bond proceeds and reserve funds shall be invested in accordance with each issue's indenture or trust agreement. All unexpended funds held by the City will be held in secure investment securities, in compliance with the City's Investment Policy, which sets objectives of safety, liquidity and then yield. The City shall be responsible for recording all investments and transactions relating to the proceeds and providing monthly statements regarding the investments and transactions upon demand. 2:�Admin 5ervices\City of Saratoga Policies\Deht Management Policy\Debt Management Policy-7.5.2017.docx June 27,2017 20 CITY of SARATMA iLLtl, B. USE OF BOND PROCEEDS To ensure bond proceeds are spent for their intended purposes, the Finance & Administrative Services Director shall be responsible for authorizing and reviewing expenditures for each bond issue to determine that bond proceeds were in fact spent in the manner detailed in the bond documents on the date of issuance. All projects being funded with bond proceeds shall be designated as such and included in the City's annual Capital Improvement Program as approved or amended by the City Council. The City shall maintain books and records of information showing how bond proceeds are spent, including the following: • Requisitions from the project fund; • Bond records relating to other funds and accounts; • Verifiable information showing payments to third parties. • An accounting of all bond proceeds spent on approved capital project. C. ARBITRAGE COMPLIANCE The City shall follow a policy of full compliance with all the arbitrage and rebate requirements of the federal tax code and Internal Revenue Service regulations. The City shall engage qualified third parties for the preparation of arbitrage and rebate calculations. All necessary rebates will be filed and paid when due. D. ONGOING DISCLOSURE REQUIREMENTS The City shall comply with all Continuing Disclosure requirements for each bond issue. This includes identifying material information that should be disclosed, preparing annual disclosure reports, and providing ongoing disclosure information to the Municipal Securities Rulemaking Board's (MSRB's) Electronic Municipal Market Access (EMMA) system, the central depository designated by the Securities and Exchange Commission for ongoing disclosure by municipal issuers. In addition to annual reports, Securities and Exchange Commission Rule 15c2- 12(b)(5)(i)(C)-(D) obligates the City to disclose, in a timely manner to the MSRB, notice of certain specified events with respect to the City's securities, including the following: 1. Principal and interest payment delinquencies; Z. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 5. Adverse tax opinions; the issuance by the Internal Revenue Service of proposed or final determinations of taxability, notices of proposed issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of security; 7. Modifications to rights of securities holders, if material; 8. Bond calls, if material, and tender offers, 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the securities, if material; 2:Wmin Services\City of Saratoga PoliciesWeht Management Policy\Debt Management Policy-7.5.2017.docx June 27,2017 21 CITY of SARATMA iLLtl, 1t. Rating changes; 12. Bankruptcy, insolvency, receivership or similar events of the obligated person; 13.Consummation of a merger, consolidation, or acquisition or sale of substantially all of the assets of the obligated person (other than in the ordinary course of business), the entry into a definitive agreement to undertake such an action, or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; 14.Appointment of a successor or additional trustee or the change of name of a trustee if material; 15. Failure of any person specified in SEC Rule 15c2-12(b)(5)(i)(A) to provide required annual financial information on or before the date specified in the written contract or agreement. The Finance & Administrative Services Director may file notice with the MSRB of specified events listed in the Continuing Disclosure Certificates without prior review and approval of the Disclosure Review Group if the City is contractually obligated to file and the Disclosure Document contains no discretionary content. If any member of the Disclosure Review Group concludes that an event may have occurred, the Finance &Administrative Services Director shall be contacted and shall notify the Disclosure Review Group to discuss the potential event. E. COMPLIANCE WITH OTHER BOND COVENANTS In addition to financial disclosure and arbitrage, the City is also responsible for verifying compliance with all undertakings, covenants, and agreements of each bond issuance on an ongoing basis. This typically includes ensuring: • Annual appropriation of revenues to meet debt service payments; • Taxes/fees are levied and collected where applicable; • Timely transfer of debt service payments to the trustee; • Compliance with insurance requirements; • Compliance with rate covenants. The City shall comply with all covenants and conditions contained in governing law and any legal documents entered into at the time of the bond offering. City staff will coordinate verification and monitoring of covenant compliance. F. RETENTION Documents and records will be maintained by the City's Finance Department for the term of the bonds (including refunded bonds, if any), and as defined by the City's Record Retention Policy for inactive bonds. Relevant documents and records will include sufficient documentation to support the requirements relating to the tax-exempt status, including the following: • Bond transcripts, official statement and other offering documents. • All documents relating to capital expenditures financed by bond proceeds. Such documents will include construction contracts, purchase orders, invoices and payment records. Such documents will include documents relating to costs reimbursed with bond proceeds. 2:Wmin 5erviceAcity of Saratoga Policies\Deht Management Policy\Debt Management Policy-7.5.2017.docx June 27,2017 22 CITY of SARATMA iLWl. • Records will be maintained identifying the assets or portion of assets that are financed with bond proceeds. • All contracts and arrangements involving private use of the bond financed assets. • All reports relating to the allocation of bond proceeds and private use of bond financed assets. • All records of investments, investment agreements, arbitrage reports, return filings with the IRS and underlying documents, trustee statements, rating correspondence, and continuing disclosure. G. INVESTOR RELATIONS The City posts its annual financial report as well as other financial reports on the City's website for the benefit of Saratoga's residents and interested parties. Similarly, information with the intention of reaching the investing public, including bondholders, rating analysts, investment advisors, or any other members of the investment community shall be filed on the EMMA system. H. ANNUAL FINANCIAL STATEMENT AUDIT It is the City's policy to hire an auditing firm that has the technical skills and resources to properly perform an annual audit of the City's financial statements. More specifically, the firm shall be a recognized expert in the accounting rules applicable to the City and shall have the resources necessary to review the City's financial statements on a timely basis. VII. SB 1029: DEBT ISSUANCE REPORTING REQUIREMENTS A. BACKGROUND SB 1029, signed into law September 12, 2016, mandates the tracking of state and local government borrowing and spending of bond proceeds - in the effort to increase transparency and improve public knowledge. State and local government debt issuers are required to report specified information about proposed debt issuances to the California Debt and Investment Advisory Commission (CDIAC) no later than 30 days prior to the sale of debt, and to report on the debt issuance's status on an annual basis thereafter. The information gathered will populate the online website Debt Watch, a transparency tool designed to enable taxpayers and the media to access debt data on California's 4,200 local government agencies. B. PROPOSED DEBT ISSUANCE To comply with code section 8855(i) the Finance & Administrative Services Director shall submit an annual report for any proposed debt that includes: 1. A certification by the issuer that it has adopted debt polices in compliance with the stated requirements. 2. That the proposed debt issuance is consistent with these debt policies. This report is filed through the California State Treasurer's website. Detailed information on the debt issuer, financing participants, type of sale, type of debt instrument, source of repayment, and purpose of financing is required. A Report Fee equal to 2.5 basis points ($250 per million of debt issuance), not to exceed $5,000 may be assessed on the submittal. 2:�Admin Services\City of Saratoga Polides\Deht Management Policy\Debt Management Policy-7.5.2017.docx June 27,2017 23 CITY of SARATMA iLLtl, C. REPORT OF FINAL SALE To comply with code section 8855(j), the Finance &Administrative Services Director shall submit a Report of Final Sale within 21 days after the issuance of debt. The online form is prepopulated from the online Proposed Debt Issuance form and allows modification to the Proposed Debt report information at this time if necessary. Additional information on the debt issue is required, and must be submitted even if the settlement date with final numbers has not yet occurred. Further, once debt is issued, the City is obligated to submit annual Debt Transparency Reports. D. ANNUAL TRANSPARENCY REPORT To comply with code section 8855(k) the Finance & Administrative Services Director shall submit an annual report within seven months of the close of the reporting period, or January 31St. Annual Transparency Reports must be submitted to CDIAC each year, until the debt is no longer outstanding, or the bond proceeds have been fully spent — whichever is later. These Annual Transparency Reports will evolve over time, but are expected to include: 1) Debt authorized during the reporting period, to include: a. Debt authorized at the beginning of the reporting period. b. Debt authorized and issued during the reporting period. c. Debt authorized but not issued at the end of the reporting period. d. Debt authority that has lapsed during the reporting period. 2) Debt outstanding during the reporting period, to include: a. Principal balance at the beginning of the reporting period. b. Principal paid during the reporting period. c. Principal outstanding at the end of the reporting period. 3) The use of proceeds of issued debt during the reporting period, to include: a. Debt proceeds available at the beginning of the reporting period. b. Proceeds spent during the reporting and the purposes for which it was spent. c. Debt proceeds remaining at the end of the reporting period. 2:�Admin 5ervices\City of Saratoga Policies\Deht Management Policy\Debt Management Policy-7.5.2017.docx June 27,2017 24 CITY of SARATMA iLLtl, GLOSSARY: MUNICIPAL SECURITIES TERMINOLGY Ad Valorem Tax: A tax calculated "according to the value"of property. Such a tax is based on the assessed valuation of real property and a valuation of tangible personal property. Advance Refunding: Refunding bonds that are issued more than 96 days prior to the date upon which the refunded bonds will be redeemed. Proceeds of the advance refunding bonds are placed into an escrow account with a fiduciary and used to pay interest and principal on the refunded bonds and then used to redeem the refunded bonds at their maturity or call date. Arbitrage: The gain that may be obtained by borrowing funds at a lower (often tax-exempt) rate and investing the proceeds at higher (often taxable) rates. The ability to earn arbitrage by issuing tax-exempt securities has been severely curtailed by the Tax Reform Act of 1986, as amended. Assessed Valuation: The appraised worth of property as set by a taxing authority through assessments for purposes of ad valorem taxation. Assessment District Bonds: Bonds issued for public improvements benefiting property within assessment districts created pursuant to the Improvement Act of 1911 and the Municipal Improvement Act of 1913. Bond: A security that represents an obligation to pay a specified amount of money on a specific date in the future, typically with periodic interest payments. Bond Anticipation Notes (BANS): Short-term notes issued usually for capital projects and paid from the proceeds of the issuance of long-term bonds. Provide interim financing in anticipation of bond issuance. Bond Counsel: An attorney retained by the issuer to give a legal opinion concerning the validity of securities. The bond counsel's opinion usually addresses the subject of tax exemption. Bond counsel may prepare or review and advise the issuer regarding authorizing resolutions, trust indentures and litigation. Bond Insurance: A type of credit enhancement whereby an insurance company indemnifies an investor against default by the issuer. In the event of failure by the issuer to pay principal and interest in full and on time, investors may call upon the insurance company to do so. Once issued, the municipal bond insurance policy is generally irrevocable. The insurance company receives its premium when the policy is issued. Bond Resolution: Resolution adopted by the City Council authorizing the issuance of bonds, approving the Notice of Sale and the Official Statement. Book-Entry: Bonds that are issued in fully registered form but without certificates of ownership. Call Option: The right to redeem a bond prior to its stated maturity, either on a given date or continuously. The call option is also referred to as the optional redemption provision. Often a "call premium" is added to the call option as compensation to the holders of the earliest bonds called. Z:\Admin Services\City of Saratoga Policies debt Management Policylbebt Management Policy-7.5.2017.docx June 27,2017 25 SARATMA s��-rr. Capital Appreciation Bond: A municipal security on which the investment return on an initial principal amount is reinvested at a stated compounded rate until maturity, at which time the investor receives a single payment representing both the initial principal amount and the total investment return. CAFR: Acronym for Comprehensive Annual Financial Report. This is the City's annual financial report that contains an introductory discussion, audited financial statements with clarifying financial notes, supplementary schedules, and statistical data schedules. Certificates of Participation: A financial instrument representing a proportionate interest in payments such as lease payments by one party (such as a city acting as a lessee) to another party (often a trustee). Commercial Paper: Short-term debt instrument. The debt is usually issued at a discount, reflecting prevailing market interest rates. Competitive Sale: A sale of bonds in which an underwriter or syndicate of underwriters submit sealed bids to purchase the bonds. Bids are awarded on a true interest cost basis ("TIC"), providing that other bidding requirements are satisfied. Competitive sales are recommended for simple financings with a strong underlying credit rating. This type of sale is in contrast to a Negotiated Sale. Conduit Financing: The issuance of securities by a governmental entity to finance a project that will primarily benefit a third party. The security for this type of financing is the credit of the third party. Usually such securities do not constitute general obligations of the issuer since the private entity is liable for generating the pledged revenues for repayment. Continuing Disclosure: The requirement by the Securities and Exchange Commission for most issuers of municipal debt to provide current financial information to the Municipal Securities Rulemaking Board for access by the general marketplace. Coupon Rate: The interest rate on specific maturities of a bond issue. While the term "coupon" is derived from the days when virtually all municipal bonds were in bearer form with coupons attached, the term is still frequently used to refer to the interest rate on different maturities of bonds in registered form. Credit Rating Aciency: A company that rates the relative credit quality of a bond issue and assigns a letter rating. These rating agencies include Moody's Investors Service, Standard & Poor's, and Fitch Ratings. CUSIP Number: The term CUSIP is an acronym for the Committee on Uniform Securities Identification Procedures. An identification number is assigned to each maturity of an issue. The CUSIP numbers are intended to help facilitate the identification and clearance of municipal securities. Debt Limit: The maximum amount of debt that is legally permitted by a jurisdiction's charter, constitution, or statutes. Debt Service: The amount necessary to pay principal and interest requirements on outstanding bonds for a given year or series of years. Z:�Admin services\City of saratoga Policie5\aebt Management Policy\Debt Management Policy-7-5-2a17-dotx June 27,2017 26 SAKATMA Default: The failure to pay principal or interest in full or on time and, in some cases, the failure to comply with non-payment obligations after notice and the opportunity to cure. Defeasance: Providing for the payment of principal, premium (if any) and interest on debt through the call date or scheduled principal maturity in accordance with the terms of the debt. A legal defeasance usually involves establishing an irrevocable escrow funded with only cash and U.S, Government obligations. Derivative: A financial instrument which derives its own value from the value of another instrument, usually an underlying asset such as a stock, bond, or an underlying reference such as an interest rate index. Disclosure Counsel: An attorney retained to provide advice on issuer disclosure obligations, to prepare the official statement and to prepare the continuing disclosure undertaking. Discount: The difference between a bond's par value and the price for which it is sold when the latter is less than par. Enterprise Activity: A revenue generating project or business. The project often provides funds necessary to pay debt service on securities issued to finance the facility. Common examples include water and sewer treatment facilities and utility facilities. Financial Advisor: A consultant who provides the issuer with advice on the structure of the bond issue, timing, terms and related matters for a new bond issue. Financinu Team: The working group of City staff and outside consultants necessary to complete a debt issuance. Grant Anticipation Notes (GANs): Short-term notes usually issued for capital projects, in anticipation of receiving grant revenue at a future date. Proceeds allow the municipality to manage the periods of cash shortfalls between expenditure payments and receipt of grant reimbursement revenues. General Obligation Bond: A bond secured by an unlimited property tax pledge. Requires a two-thirds vote by the electorate. GO bonds usually achieve lower rates of interest than other financing instruments since they are considered to be a lower risk. Indenture: A contract between the issuer and the trustee stipulating the characteristics of the financial instrument, the issuer's obligation to pay debt service, and the remedies available to the trustee in the event of default. Issuance Costs: The costs incurred by the bond issuer during the planning and sale of securities. These costs include but are not limited to financial advisory, bond counsel, disclosure counsel, printing, advertising costs, rating agencies fees, and other expenses incurred in the marketing of an issue. Lease: An obligation wherein a lessee agrees to make payments to a lesser in exchange for the use of certain property. The term may refer to a capital lease or to an operating lease. Lease Revenue Bonds: Bonds that are secured by an obligation of one party to make annual lease payments to another. Z:�Admin Services\City of saratoga Policies\aebt Management Policy\Debt Management Policy-7.5.2a17.dotx June 27,2017 27 SARATMA Letter of Credit: An unconditional pledge of the bank's credit which is used to guarantee payment of principal and interest on debt in the event insufficient funds are available to meet a debt service obligation. Letters of credit are most often employed when the stated interest on the City's securities is variable. Line of Credit: A contract with a financial institution, usually a bank, that establishes a maximum loan balance that the bank will permit the borrower to maintain. The borrower can draw down on the line at any time, as long as the maximum set in the agreement is not exceeded. Mortgage Revenue Bonds: Bonds issued for the purpose of providing single-family mortgage financing or acquisition and construction funds for multi-family housing projects. The bonds are secured by the mortgage repayments and project revenue. See Conduit Financing. Municipal Securities Rulemakinn Board (MSRB): A self-regulating organization established on September 5, 1975 upon the appointment of a 15-member board by the Securities and Exchange Agreement. The MSRB, comprised of representatives from investment banking firms, dealer bank representatives, and public representatives, is entrusted with the responsibility of writing rules of conduct for the municipal securities market. Necotiated Sale: A sale of securities in which the terms of the sale are determined through negotiation between the issuer and the purchaser, typically an underwriter, without competitive bidding. The negotiated sales process provides control over the financing structure and issuance timing. Negotiated sales are recommended for unusual financing terms, periods of market volatility and weaker credit quality. A thorough evaluation of market conditions will be performed to ensure reasonable final pricing and underwriting spread. Net Interest Cost {NIC): A method of computing the interest expense to the issuer of bonds, which may serve as the basis of award in a competitive sale of a new issue of municipal securities. NIC takes into account any premium or discount applicable to the issue, as well as the dollar amount of coupon interest payable over the life of the issue. NIC does not take into account the time value of money (as would be done in other calculation methods, such as the "true interest cost" (TIC) method). The term "net interest cost" refers to the overall rate of interest to be paid by the issuer over the life of the bonds. Official Statement (Prospectus1: A document published by the issuer in connection with a primary offering of securities that discloses material information on a new security issue including the purposes of the Issue, how the securities will be repaid, and the financial, economic and social characteristics of the security for the bonds, Investors may use this information to evaluate the credit quality of the securities. Original Issue Discount Bonds: Bonds sold at a substantial discount from their par value at the time of the original sale. Par Value: The face value or principal amount of a security. Pension Obligation Bonds (POBs): Financing instruments used to pay some or all of the unfunded pension liability of a pension plan. POBs are issued as taxable instruments over a 30-40 year term or by matching the term with the amortization period of the outstanding unfunded actuarial accrued liability, Z:�Admin Services\City of saratoga Policies\aebt Management Poky\Debt Management Poky-7.5.2017.dotx June 27,2017 28 SAKATMA s��-rr. Preliminary Official Statement: A version of the Official Statement prepared by or for an issuer of municipal securities for potential customers prior to the availability of the final official Statement. Under SEC Rule 15c2-12, the difference between a Preliminary Official Statement and a final Official Statement is that the final official Statement includes"pricing information," i.e., offering price(s), interest rate(s), selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, any other terms or provisions required by an issuer of such securities to be specified in a competitive bid, ratings, other terms of the securities depending on such matters, and the identity of the underwriter(s). Premium: The excess of the price at which a bond is sold over its face value. Present Value: The value of a future amount or stream of revenues or expenditures. Pricing Consultant: The Pricing Consultant provides a fairness letter to the City or its agent regarding the pricing of a new issue of municipal securities. Private Activity Bonds: A bond where bond proceeds are used for private purposes. If deemed a private activity bond, the interest is not tax exempt unless the use of the proceeds meets certain requirements of the Internal Revenue Code. Private Placement: A bond issue that is structured specifically for one purchaser. Private placements are typically carried out when extraneous circumstances preclude public offerings. A private placement is considered to be a negotiated sale. Refunding: A procedure whereby an issuer refinances an outstanding debt issue by issuing a new debt issue. Related Entities: Those independent agencies, joint power authorities, special districts, component units, or other entities created by the City Council or by State law for which the City Council serves as the governing or legislative body in his or her official capacity, or for which the City has agreed to provide initial or continuing disclosure in connections with the issuance of securities. Revenue Anticipation Notes [RANs]: Short-term notes issued in anticipation of receiving revenue at a future date. Proceeds allow the municipality to manage the periods of cash shortfalls resulting from a mismatch between the timing of revenues and timing of expenditures. Rule 10b5: Rule adopted by the Securities and Exchange Commission that requires the disclosure of all material facts and prohibits the omission of facts necessary to make statements not misleading. Rule 15c2-12: Rule adopted by the Securities and Exchange Commission setting forth certain obligations of (i) underwriters to receive, review and disseminate official statements prepared by issuers of most primary offerings of municipal securities, (ii) underwriters to obtain continuing disclosure agreements from issuers and other obligated persons to provide ongoing annual financial information on a continuing basis, and (iii) broker-dealers to have access to such continuing disclosure in order to make recommendations of municipal securities in the secondary market, Reserve Fund: A fund established by the indenture of a bond issue into which money is deposited for payment of debt service in case of a shortfall in current revenues. Z:�Admin Services\City of Saratoga Policies\aebt Management Policy�Debt Management Policy-7.5.2017.dotx June 27,2017 29 SARATMA s��-rr, Revenue Bond: A bond which is payable from a specific source of revenue and to which the full faith and credit of an issuer is not pledged. Revenue bonds are payable from identified sources of revenue, and do not permit the bondholders to compel a jurisdiction to pay debt service from any other source. Pledged revenues often are derived from the operation of an enterprise. Secondary Market: The market in which bonds are sold after their initial sale in the new issue market. Serial Bonds: Bonds of an issue that mature in consecutive years or other intervals and are not subject to mandatory sinking fund provisions. Special Tax Bonds: Bonds issued to fund eligible public improvements and paid with special taxes levied in a community facilities district formed under the Mello-Roos Community Facilities Act of 1982, as amended. The City's policy on Community Facilities Districts and Special Tax Bonds is further outlined in City Council Resolution 2009-103. Tax Anticipation Notes (TANs): Short-term notes issued in anticipation of receiving tax receipts at a future date. Proceeds allow the municipality to manage the periods of cash shortfalls resulting from a mismatch between the timing of revenues and timing of expenditures. Tax and Revenue Anticipation Notes (TRANS): Short-term notes issued in anticipation of receiving tax receipts and revenues at a future date. Proceeds allow the municipality to manage the periods of cash shortfalls resulting from a mismatch between timing of revenues and timing of expenditures. Term Bonds: Bonds that come due in a single maturity whereby the issuer may agree to make periodic payments into a sinking fund for mandatory redemption of term bonds before maturity or for payment at maturity. True Interest Cost [TIC]: Under this method of computing the interest expense to the issuer of bonds, true interest cost is defined as the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the new issue of bonds. Interest is assumed to be compounded semi-annually. TIC computations produce a figure slightly different from the "net interest cost" (NIC) method because TIC considers the time value of money while NIC does not. Trustee: A bank retained by the issuer as custodian of bond proceeds and official representative of bondholders. The trustee ensures compliance with the indenture. In many cases, the trustee also acts as paying agent and is responsible for transmitting payments of interest and principal to the bondholders. Underwriter: A broker-dealer that purchases a new issue of municipal securities from the issuer for resale in a primary offering. The bonds may be purchased either through a negotiated sale with the issuer or through a competitive sale. ZAAd min services\City of saratoga Policie5\0ebt Management Policy\Debt Management Policy-7.5.2a17.dotx June 27,2017 30 . l ,C �' Of. SARATMA �rr�rs CITY COUNCIL POLICY POLICY TITLE: District Formation and Bond Issuance Policy for Community-Funded Infrastructure Projects REGULATORY COMPLIANCE: Applicable statutes under California Government Code, Title 5, Division 2, Part 1, Chapters 2.5-2.9 [53311- 53398.8] POLICY EFFECTIVE DATE: September 16, 2020 AMENDMENTS: N/A POLICY CONTENT: I. POLICY SCOPE & OBJECTIVE A. Scope B. Objective II. BACKGROUND A. Project Initiation B. Project Cost C. Timeline D. Definition III. COMMUNITY COORDINATION A. Initiation B. Project Parameters C. Communication D. Community Vote IV. COMMUNITY APPLICATION A. Formal Request B. District Formation Application V. DISTRICT FORMATION PROCESS A. Initial Meeting B. Process Begins C. Structural Decisions D. Obtain Consultants E. Engineering F. City Council Authorization G. Election H. City Council Approval VI. BOND ISSUANCE A. Bond Issuance Options B. Cash Payment Option C. Ongoing Bond Issuance Costs D. Indenture Considerations E. Bond Funds F. Improvement Project 6A-Council Policy for Community Funded Infrastructure Projects 1 . l ,C �' Of. SARATMA �rr�rs CITY COUNCIL POLICY I. POLICY SCOPE AND OBJECTIVES A. Scope - This policy outlines the process to establish a legal community-based entity for the purpose of financing the construction or acquisition of infrastructure improvements. This policy identifies both the Community's and the City's roles and responsibilities, and the process to create an established special tax district. Districts are commonly formed as Community Facilities Districts (CFD) for the purpose of issuing a bond to provide the funding needed for the infrastructure improvement. B. Objective - This policy process is generic in nature in order to provide informational guidance to staff, and for community members interested in pulling a community together to form an agreement, under various special tax district formations. City Staff will meet with community members interested in facilitating a community improvement project to provide guidance on the process as provided in this policy. II. BACKGROUND A. Project Initiation - Community-funded improvement projects are initiated by a neighborhood that sees a need for a community-wide improvement, such as upgrading a private roadway, undergrounding line-based infrastructure, or replacing a small private water system for acceptance into the local water system utility. B. Project Cost - While neighborhood improvements can be undertaken as private projects without the City's involvement, large-scale infrastructure improvements are often cost-prohibitive or may require ongoing maintenance. In these situations, neighborhoods look to the City for assistance to manage the improvement process. Improvement-project requestors should be aware that the entire cost of the project will be funded by the community, inclusive of City staff time and legal fees. Due to the cost involved with a district formation and bond issuance, City policy hereby establishes a minimum project improvement cost of $1 million. Participants are required to pay formation costs and pre-bond issuance costs before the City will begin the process. City staff will provide estimated cost information for official requests; participants should expect this will require a minimum of $50,000 for district formation costs, additional funding for engineer work if needed, and any pre-bond issuance costs that are not paid for as part of the bond issuance. Altogether, these costs could total $150,000 prior to the bond issuance and its associated costs. C. Timeline - Community-funded improvement projects incorporate many steps with some statutorily required notification and/or waiting periods. The speed of the community's cohesive decision-making and community leadership is the first variable in the timeline that determines the speed of the process. Once the Community has agreement on project and funding choices, they can move forward with a request to the City. The City Council's CFD formation and bond authorization process will typically take between four and six months. During this time, the community should ensure that they have finalized engineering or construction plans and determined project costs through professional estimates. Following City Council approval, the project's funding 6A-Council Policy for Community Funded Infrastructure Projects 2 SARATP iA .r CITY COUNCIL POLICY timeline is determined by the community's funding choices and actions. The project construction timeline begins after the funding is in place. D. Definition - A Community Facilities District (CFD) is a special tax district based on State law first adopted in 1911 to establish assessment districts, and the subsequent updates and new statues that have modified the technical and legal procedures for this process. A CFD is a legal entity that can issue debt for the planning, design, acquisition, construction, and/or operations of facilities, within an identified area. Property owners within the district boundaries vote to both establish the District itself, and to authorize a maximum special tax to be levied on taxable property within the district boundaries. Revenues received from the special tax can only be used for the purposes defined at the time of CFD formation or approval, inclusive of debt service payments and associated bond expenses. Special Tax liens are recorded against the title of properties within the district. California Civil Code Section 1102.6 requires that the Special Tax lien be disclosed to a buyer when the property is subsequently sold. Any outstanding Special Tax lien is assumed with the purchase for the life of the CFD. III. COMMUNITY COORDINATION A. Initiation - A district formation is initiated by interested residents in a community, through meeting with their neighbors to: 1. Discuss the need for an infrastructure improvement 2. Determine the improvement project scope and the proposed district's boundaries 3. Hold community-wide meetings to choose leaders willing to guide the improvement project on the community's behalf, act as the main contacts for the project, and communicate with the entire community group during the process B. Project Parameters - Community leaders discuss and refine improvement project parameters to: 1. Articulate a clearly defined improvement project in writing 2. Identify community boundaries and property ownership information 3. Determine implementation and improvement project funding methodology 4. Obtain expert advice on desired infrastructure project and/or engineering plans 5. Identify project urgency, project contingencies, and a realistic timeline 6. Determine anticipated project costs C. Communication - Community Leaders: 1. Ensure project information and feedback is disseminated back to entire community, including total funding requirements, per member cost, possible funding options, and community concerns and responses. a. Project funding option discussions to include: ■ Community association to self-fund project ■ City-established district with annual assessments (funded over time) ■ City-established district with bond issuance (immediate funds) 6A-Council Policy for Community Funded Infrastructure Projects 3 it Of SAKATMA �rr�rs CITY COUNCIL POLICY 2. Discuss and inform community of District formation and bond issuance process, and pre-funding requirements to move forward: ■ District formation costs of approximately $50,000 ■ Pre-bond issuance costs of approximately $50,000 ■ Engineering Plans (this cost varies and can be conducted after bond issuance, but if done after, the bond sizing would be less certain, require a larger contingency, and the project timeline extended prior to beginning construction) • Potential for added legal fee costs if community members do not move forward as a united group 3. Discuss bond issuance costs - both initial and ongoing costs. 4. Discuss improvement project costs, contingencies, alternatives, etc. 5. Discuss the method and allocation of tax assessments to property owners. 6. Discuss option to allow property owners to pay their share in cash prior to bond issuance to eliminate participation in bond issuance. D. Community Vote - A preliminary vote of all community members should be taken to gauge majority opinion on moving forward with district formation and bond issuance. While the City highly recommends 100% approval of district formation and bond issuance, if the community is at least 2/3 in favor of establishing a district and funding City involvement, the community leadership may then contact the City's Public Works Director to begin the process. IV. COMMUNITY APPLICATION A. Formal Request - A community group's formal request to the City to form a Community Facility District (CFD) or similar assessment district for the purpose of financing community infrastructure through the issuance of special tax bonds requires a packet of information be submitted to City. The City will then consider such requests in the context of State law and City Policy. Information to be provided includes: B. District Formation Application - To request the City begin the district formation process, the community must provide: 1. A petition signed by at least 2/3 of homeowners (1 vote per property) requesting the City to proceed with the district formation process. 2. Documentation authorizing who they have elected as Community leaders to act on the community's behalf to proceed with the request. 3. A clearly defined scope of work describing the improvement project. 4. Project cost estimates at a minimum, or preferably more refined estimates from a draft engineering plan. 5. Information to explain the need and/or urgency of the project, project funding maximum authorization, options, and the proposed method of cost allocation. 6. Defined district boundaries (must be entirely within city limits) for the proposed Special Tax District, with addresses and property owner contact information. 6A-Council Policy for Community Funded Infrastructure Projects 4 SARATMA �rarrs CITY COUNCIL POLICY 7. A signed acknowledgement that the community is aware a $50,000 deposit is required to begin the district formation process, and that the use of the deposit funds shall in no way be construed as requiring the City to issue bonds or to provide reimbursement of the proceeds expended if the district formation and/or bond issuance process is not successful. 8. A signed Funding and Indemnification agreement (provided by the City) acknowledging the community group understands they are liable to protect the City against lawsuits associated with district formation and project funding, and will be required to provide commercial general liability insurance for this purpose. The agreement also requires the community group to submit additional funding if needed to complete the district formation process. (Deposit to be provided at initial City Meeting, prior to the start of the district formation work. The City's Risk Manager will provide project specific insurance requirements.) V. DISTRICT FORMATION PROCESS A. Initial Meeting - City staff to meet with community leaders to review: 1. Completeness of their Request for District Formation application. 2. District formation options and community preferences. 3. District formation costs for attorneys, staff time, consultants, election costs, etc. 4. Engineering design/plan preparation options. ■ The Community may retain an engineer to design/prepare cost estimate for improvement, or ask the City to do so on their behalf. Engineering plans are recommended to ensure proper financing/bond-sizing. 5. City's funding and indemnification requirements. The City requires the community to submit payment from a community group account. Individual payments will not be accepted. 6. Steps and timeline in the district formation and bond issuance process. B. Process Begins - Once the agreement is signed, funded, and proof of insurance is received, the City will assemble a team of district formation consultants. C. Structural Decisions - To bring the district formation and bond issuance requests to the City Council, the community leaders and the City must finalize and clearly define a number of decision points: ■ District formation boundaries. ■ Limited purpose of the CFD (clearly defined project). ■ The rate and method of the special tax assessments. This information will also be used for the ballot measure that goes to the electorate to authorize the district formation and bond issuance election. D. Obtain Consultants - For critical guidance in how bond issues and assessments are structured and ultimately the success in the approval and issuance of a bond measure, the City will contract with consultants to assist with preparing the documents for Council approval. Financial Advisors and/or Underwriters provide expertise in the bond market and bond issuance requirements, and Special Tax Consultants provide expertise in the structure of bond assessment and special tax allocation calculations. 6A-Council Policy for Community Funded Infrastructure Projects 5 A RAT P0, 0jA �rarrs CITY COUNCIL POLICY E. Engineering - At this point, the community will have decided whether to fund the engineering design and cost estimate work themselves, or to wait until the bond is issued so that the expense can be paid from bond funds. If the community wants the City to hire an engineering firm to complete the design process and cost estimate work prior to bond issuance, an additional funding deposit is required. F. City Council Authorization - Once the district formation, project details, tax assessments, and bond issuance particulars are finalized, staff will bring two resolutions and a petition to the City Council meeting for approval: 1. Resolution of intent to establish a Community Facilities District and to authorize the levy of Special Taxes 2. Resolution to incur bonded indebtedness of the proposed Community Facilities District 3. Petition to create a Community Facilities District (hold an election) G. Election - If Council approves the district and bond issuance resolutions, a special election will be held for the community. If the community votes to approve the district formation and bond issuance by at least 2/3 of the voters, the process will continue. If not, staff will refund any remaining deposit back to the community group. H. City Council Approval- If the community voted in favor of becoming a CFD and the issuance of a bond to fund the improvement project, staff will bring a resolution back to the City Council to: approve the formation of the CFD; levy a special tax, and; establish an appropriation limit for the district. The City Council will hold a public hearing for this purpose and consider community input. If City Council approves the resolution, the bond issuance process begins. VI. BOND ISSUANCE A. Bond Issuance Options - Community leaders will have become acquainted with the bond issuance process in the initial meetings with the Financial Advisor and/or Underwriters. The bond consultants will update the CFD leaders with current market information, trends, and any other pertinent information, such as the difference in a private sale vs public sale. The CFD leaders will provide the City and consultants with their decision(s). 1. Publicly offered bonds are rated in conjunction with the City's high investment grade rating, thereby lowering the risk for bond issuers and attracting more buyers. Generally, the competitive process will take longer to complete due to additional steps to prepare the bond for market, the time on the marketplace to gather interest and to set a purchase date. This results in higher bond issuance expenses, but lower interest costs as the buyers compete against each other. 2. Private bonds can be issued by qualified buyers who agree to hold the bonds to maturity, or sell to another qualified buyer under those same terms. Underwriters generally have relationships with qualified buyers and find those interested parties, negotiate the deal, and wrap up the details in a matter of days. This eliminates both time and bond issuance costs. Typically, interest rates are higher in private sales, so CFD participants would have to decide on this option. 6A-Council Policy for Community Funded Infrastructure Projects 6 SARATMA �rarrs CITY COUNCIL POLICY B. Cash Payment Option — Property owners will have the opportunity to forgo participating in the bond issuance if they choose to contribute their share of the improvement project costs prior to the bond issuance. The Special Tax consultant will work out the contribution amounts and payment due date. C. Ongoing Bond Issuance Costs — Bondholders will be responsible for the bond issuance and annual costs associated with administering tax collection, debt service payments, and regulatory reporting. As these fees are borne only by those members who remain bondholders, the smaller the group becomes, the fewer property owners to share the cost burden. D. Indenture considerations — The bond indenture basically acts as the official rules in a bond issuance. The bond bank must follow whatever is set out in the indenture, so it is essential that funding distribution of excess funds, and the process for how subsequent bond payoffs are handled are all spelled out in precise detail. E. Bond Funds - When a bond is issued, the proceeds will go into separate accounts to represent funding allowed for uses such as: 1. Cost of Issuance — this account holds the funds due to pay off bond issuance consultants, such as bond attorneys, underwriters, debt issuance fees, etc. 2. Project Improvement Funds— this account holds the funds issued for the project improvement costs. The City will submit requests for payment to the contractors and other related improvement costs. The bond bank will pay the vendors directly. Once the project is completed, the bond indenture will call out how remaining funds are treated, either to be applied to pay down principal at the next bond call, or to use to reduce debt service for the bond holders. 3. Reserve — this account holds a set percentage of funds for security as required by the issuer to ensure the debt service is paid if a borrower does not fulfill their obligation. A participant's share is utilized in the buyout of their debt service if the debt is paid off after issuance. Any remaining reserve funds are used for the final debt service payment(s). F. Improvement Project — Once the improvement project is complete, a notice of completion shall be sent to the bond bank. This will allow for the final steps to proceed as described in the indenture. 6A-Council Policy for Community Funded Infrastructure Projects 7