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agenda.council.regular.20200728
1 AGENDA CITY COUNCIL REGULAR MEETING July 28, 2020 5:00 PM, City Council Chambers 130 S Galena Street, Aspen I.CALL TO ORDER II.ROLL CALL III.SCHEDULED PUBLIC APPEARANCES IV.CITIZENS COMMENTS & PETITIONS (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) Meeting number (access code): 126 027 5441 Meeting password: 81611 Tuesday, July 28, 2020 4:30 pm | (UTC-06:00) Mountain Time (US & Canada) | 5 hrs +1-720-650-7664,,1260275441## United States Toll (Denver) V.SPECIAL ORDERS OF THE DAY a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports VI.CONSENT CALENDAR (These matters may be adopted together by a single motion) VI.A.Resolution #057, Series of 2020 - MMOF Grant for Paepcke Park Transit Hub Project VI.B.Resolution #062, Series of 2020 - Adoption of the City of Aspen Drought Mitigation & Response Plan. VI.C.Resolution #064, Series of 2020 - EOTC Updated Comprehensive Valley Transportation Plan (CVTP) 1 2 VI.D.Board Appointments VI.E.Draft Minutes for June 23rd, July 13th and July 14th VII.NOTICE OF CALL-UP VIII.FIRST READING OF ORDINANCES IX.PUBLIC HEARINGS X.ACTION ITEMS X.A.Ordinance #12, Series of 2020 - Mandatory Face Covering Zone XI.ADJOURNMENT 2 1 MEMORANDUM TO:Mayor and City Council FROM:Lynn Rumbaugh, Transportation Manager Mike Horvath, Engineering Project Manager Pete Rice, Engineering Division Manager THRU: John Krueger, Director of Transportation Trish Aragon, P.E., City Engineer DATE OF MEMO:July 20, 2020 DATE OF MEETING:July 28, 2020 RE:Approval of MMOF Grant for Paepcke Transit Hub SUMMARY City Transportation staff is requesting approval of Resolution Number #57 of 2020, authorizing the City Manager to sign and execute the attached Multi-Modal Options Fund (MMOF) Grant Agreement between the Colorado Department of Transportation and the City of Aspen Transportation Department. The estimated cost of the project is $1,300,784. This grant agreement awards the City of Aspen roughly 50% of the estimated construction cost of the Paepcke Transit Hub, or $650,392. The Engineering Department is leading the design and construction of the project, while the Transportation Department will manage the MMOF grant. PREVIOUS COUNCIL ACTION Council most recently reviewed the Paepcke Transit Hub project at a July 13, 2020 work session. Previously, Council approved the first two phases of the project; including outreach, survey of the project area and conceptual design via Resolution 82 of 2019. 3 2 BACKGROUND The Paepcke Transit Hub project seeks to improve access, comfort and safety for users of transit, bike share, car share and pedestrian/cycling options at one of the busiest locations in Aspen. Specifically, the Paepcke Transit Hub project will: Create a safer inbound transit stop on Garmisch Street by providing a formal bus stop and supporting pedestrian connections. Create safer pedestrian crossings at intersections at or near Highway 82 and Garmisch Street by improving the geometric design of pedestrian routes, the visible site lines between vehicles and pedestrians and pedestrian crossing indications. Create a safer, more comfortable transit stop for outbound passengers at Aspen’s second busiest outbound bus stop by providing a shelter, real time transit signage, trash receptacles and other amenities. Provide power to the car and bike share stations, allowing for the installation of an electric car share vehicle and electric bikes at this key location. Project Boundaries 4 3 DISCUSSION CDOT introduced the Multi-Modal Options Fund in late 2019 with the goal of promoting a “complete and integrated multimodal system” benefiting rural areas, senior citizens and school-age children in particular. The Paepcke Transit Hub project was vetted by CDOT’s Intermountain Transportation Planning Region (TPR) and awarded the entirety of its grant request. This grant will be administered by CDOT Region 3. City Council approval of the Resolution Number 057 of 2020 will authorize the City Manager to execute the attached grant agreement between the City of Aspen and CDOT for the purpose of construction of the Paepcke Transit Hub. The grant application for this project was submitted prior to the current COVID-19 situation. Staff believes that the project should move forward during this period of cost reductions for a number of reasons: Community support for this project is high, as indicated by extensive public outreach. This project is supported at a regional and statewide level as evidenced by this grant funding. The timely completion of grant-funded projects is a determining factor when applying for future grants. The grant’s completion timeframe of June 2023 does not allow for project delay. FINANCIAL IMPLICATIONS The 2020 Spring Supplemental accelerated the budgeting of this project into 2020 and 2021 in tandem with the expected grant award above (the grant expires in June 2023; therefore, all construction and reimbursement requests must be completed by this date to receive the State funds). Currently the budget (through 2021) includes $1,416,000 for this project and incorporates the original grant award estimate of $600,000, or a net cost to the City of $816,000. Revised estimates reflect the project to cost $2,127,000, with the final State grant award of $650,392 plus the $100,000 from other sources reducing the City net cost to $1,376,608. ENVIRONMENTAL IMPLICATIONS The City’s Climate Action Plan calls for both transit and bike/ped improvements as a means of meeting reducing GHG emissions. 5 4 RECOMMENDATION Staff recommends that City Council approve Resolution Number 057 of 2020 authorizing the City Manager to execute the Grant Agreement between the State of Colorado and the City of Aspen for the Paepcke Transit Hub project. ALTERNATIVES Council could reject the attached resolution and the MMOF grant award. PROPOSED MOTION “I move to approve Resolution Number 057 of 2020 on the consent calendar of July 28, 2020.” CITY MANAGER COMMENTS: ATTACHMENTS Attachment A:Resolution #057 Attachment B:Contract Documents 6 RESOLUTION NO. 057 Series of 2020 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A MMOF PLANNING GRANT AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, the City of Aspen seeks to improve air quality, increase pedestrian safety and reduce traffic congestion; and WHEREAS the Multi-Modal Options Fund (MMOF) grant agreement between the City of Aspen, Colorado and the State of Colorado is annexed hereto and made a part thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves the MMOF grant agreement between the City of Aspen, Colorado, and the State of Colorado Department of Transportation, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 28th day of July 2020. _________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. ______________________ Nicole Henning, City Clerk 7 OLA #: 331002183 Routing #: 20-HA3-XC-03004 Document Builder Generated Rev. 04/08/2020 Page 1 of 12 CONTRACT THIS CONTRACT made this ___ day of ________________ 20___, by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as the State and CITY OF ASPEN hereinafter referred to as the “Contractor” or the “Local Agency.” RECITALS 1.Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, GL Acct: 4511000010, (Contract Encumbrance Amount: $0.00.) 2.Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3.Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. 4.Local Agency anticipates a project for Paepcke Mobility Hub and by the date of execution of this contract, the Local Agency and/or the State has completed and submitted a preliminary version of CDOT form #463 describing the general nature of the Work. The Local Agency understands that before the Work begins, the Local Agency must receive an official written “Notice to Proceed” prior to commencing any part of the Work. The Local Agency further understands, before the Work begins, the form #463 may be revised as a result of design changes made by CDOT, in coordination with the Local Agency, in its internal review process. The Local Agency desires to perform the Work described in form #463, as it may be revised. 5.The Local Agency has requested that State funds be made available for project MTF M045-017 (23666), Paepcke Mobility Hub referred to as the “Project” or the “Work.” Such Work will be performed in Aspen, Colorado, specifically described in Exhibit A. 6.The State has funds available and desires to provide 50% of the funding for the work. Local Agency will provide the other 50%. State funds may be awarded pursuant to Multimodal Transportation Options Funding (“MMOF”). MMOF means money transferred from the general fund to the fund pursuant to C.R.S. §§24-75-219 (5)(a)(III) and (5)(b)(III) and any other money that the general assembly may appropriate or transfer to the fund. These funds are subject to an expiration date. 7.The Local Agency desires to comply with all state and other applicable requirements, including the State's general administration of the project through this contract, in order to obtain state funds for the project. 8.The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. 9.This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S. 10.The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 11.The Local Agency can more advantageously perform the Work. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of Paepcke Mobility Hub, in Aspen, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1.Special Provisions contained in Section 27 of this contract State $LAWRK REGION: 3 PROJECT: MTF M045-017 (23666), Paepcke Mobility Hub MMOF jh 8 OLA #: 331002183 Routing #: 20-HA3-XC-03004 Document Builder Generated Rev. 04/08/2020 Page 2 of 12 2. This contract 3. Exhibit A (Scope of Work) 4. Exhibit B (Local Agency Resolution) 5. Exhibit C (Funding Provisions) 6. Exhibit D (Option Letter) Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. It shall terminate on June 27, 2030, or sooner if any of the State’s funding expires, or is sooner terminated or unless performance is extended in accordance with this Contract. Section 4. Project Funding Provisions A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. C. Funding will be detailed in Exhibit C of the funding provisions. Section 5. Project Payment Provisions A. The State will reimburse the Local Agency for incurred costs relative to the project following the State’s review and approval of such charges, subject to the terms and conditions of this Contract. Provided however, that charges incurred by the Local Agency prior to the date this contract is executed by the State Controller will not be charged by the Local Agency to the project, and will not be reimbursed by the State. B. The State will reimburse the Local Agency’s reasonable, allocable, allowable costs of Performance of the Work, not exceeding the maximum total amount described in Exhibit C. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the allowability and allocability of costs under this contract. The Local Agency shall comply with all such principles. To be eligible for reimbursement, costs by the Local Agency shall be: 1. In accordance with the provisions of Section 5 and with the terms and conditions of this contract; 2. Necessary for the accomplishment of the Work; 3. Reasonable in the amount for the goods and services provided; 4. Actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or other items of value received by the Local Agency that have the effect of reducing the cost actually incurred); 5. Incurred for Work performed after the effective date of this contract; 6. Satisfactorily documented. C. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme) to assure that project funds are expended and costs accounted for in a manner consistent with this contract and project objectives. 1. All allowable costs charged to the project, including any approved services contributed by the Local Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in detail the nature of the charges. 2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against the project account shall be drawn up only in accordance with a properly signed voucher then on file in the office of the Local Agency, which will detail the purpose for which said check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. D. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to 9 OLA #: 331002183 Routing #: 20-HA3-XC-03004 Document Builder Generated Rev. 04/08/2020 Page 3 of 12 the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. E. The Local Agency will prepare and submit to the State, no more than monthly, charges for costs incurred relative to the project. The Local Agency’s invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State’s standard policies, procedures and standardized billing format to be supplied by the State. If the project is funded by MMOF, then billing for all work must be submitted 30 days prior to end of State fiscal year. The State fiscal year ends June 30th. MMOF projects must submit final billing for all work 30 days prior to the end of the State fiscal year that funds expire. If MMOF are used, and the State knows that the funds will expire, the State shall promptly notify Local Agency of the expiration date. The State will promptly notify the Local Agency if that expiration date changes. F. To be eligible for payment, billings must be received within 60 days after the period for which payment is being requested and final billings on this contract must be received by the State within 60 days after the end of the contract term. 1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds, encumbered for the purchase of the described services. The liability of the State, at any time, for such payments shall be limited to the amount remaining of such encumbered funds. 2. In the event this contract is terminated, final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit. 3. Incorrect payments to the Local Agency due to omission, error, fraud or defalcation shall be recovered from the Local Agency by deduction from subsequent payment under this contract or other contracts between the State and Local Agency, or by the State as a debt due to the State. 4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State’s election. Section 6. Option Letter Modification An option letter may be used to authorize the Local Agency to begin a phase without increasing total budgeted funds, increase or decrease the encumberance amount as shown on Exhibit C, and/or transfer funds from one phase to another. Option letter modification is limited to the specific scenarios listed below. The option letter shall not be deemed valid until signed by the State Controller or an authorized delegate. A. Option to begin a phase and/or increase or decrease the encumbrance amount. The State may authorize the Local Agency to begin a phase that may include Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original Agreement, with the total budgeted funds as shown on Exhibit C remaining the same. The State may increase or decrease the encumbrance amount for a particular phase by replacing the original funding exhibit (Exhibit C) in the original Agreement with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.). The State may exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. If the State exercises this option, the Agreement will be considered to include this option provision. B. Option to transfer funds from one phase to another phase. The State may permit the Local Agency to transfer funds from one phase (Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another as a result of changes to state, federal, and local match. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C- 1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and attached to the option letter. The funds transferred from one phase to another are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. 10 OLA #: 331002183 Routing #: 20-HA3-XC-03004 Document Builder Generated Rev. 04/08/2020 Page 4 of 12 C. Option to do both Options A and B. The State may authorize the Local Agency to begin a phase as detailed in Exhibit A, and encumber and transfer funds from one phase to another. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and attached to the option letter. The addition of a phase and encumbrance and transfer of funds are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. Section 7. State and Local Agency Commitments The Scope of Work in Exhibit A describes the Work to be performed and assigns responsibility of that Work to either the Local Agency or the State. The “Responsible Party” referred to in this contract means the Responsible Party as identified in the Scope of Work in Exhibit A. A. Design [if applicable] 1. If the Work includes preliminary design or final design (the “Construction Plans”), or design work sheets, or special provisions and estimates (collectively referred to as the “Plans”), the responsible party shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State’s Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by CDOT. d. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. 2. If the Local Agency is the responsible party: a. The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document “ADA Accessibility Requirements in CDOT Transportation Projects”. b. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with State requirements. c. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided, however, that if federal-aid funds are involved in the cost of such work to be done by a consultant, that consultant contract (and the performance/provision of the Plans under the contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as provided by the State. If the Local Agency does enter into a contract with a consultant for the Work: (1) it shall submit a certification that procurement of any design consultant contract complied with the requirements of 23 CFR 172.5(1) prior to entering into contract. The State shall either approve or deny such procurement. If denied, the Local Agency may not enter into the contract. (2) it shall ensure that all changes in the consultant contract have prior approval by the State. Such changes in the contract shall be by written supplement agreement. As soon as the contract with the consultant has been awarded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any amendments to such contract shall also be submitted. (3) it shall require that all consultant billings under that contract shall comply with the State’s standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. (4) it (or its consultant) shall use the CDOT procedures described in Exhibit A to administer that design consultant subcontract, to comply with 23 CFR 172.5(b). 11 OLA #: 331002183 Routing #: 20-HA3-XC-03004 Document Builder Generated Rev. 04/08/2020 Page 5 of 12 (5) it may expedite any CDOT approval of its procurement process and/or consultant contract by submitting a letter to CDOT from the certifying Local Agency’s attorney/authorized representative certifying compliance with 23 CFR 172.5(b). (6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(i) and contains the following language verbatim: (a) “The design work under this contract shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third party beneficiary of this contract for that purpose.” (b) “Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project.” (c) “The consultant shall review the construction contractor’s shop drawings for conformance with the contract documents and compliance with the provisions of the State’s publication, Standard Specifications for Road and Bridge Construction, in connection with this work.” (d) The State, in its discretion, will review construction plans, special provisions and estimates and will cause the Local Agency to make changes therein that the State determines are necessary to assure compliance with State requirements. B. Construction [if applicable] 1. If the Work includes construction, the responsible party shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the Scope of Work in Exhibit A. Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements as described in the Scope of Work in Exhibit A. 2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its contractor to correct project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. 3. If the Local Agency is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in accordance with this contract, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the project, it shall advertise the call for bids upon approval by the State and award the construction contract(s) to the low responsible bidder(s) upon approval by the State. (1) The Local Agency has the option to accept or reject the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection within 3 working days after said bids are publicly opened. (2) By indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project if no additional federal-aid funds will be made available for the project. This paragraph also applies to projects advertised and awarded by the State. c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force account), rather than by a competitive bidding process, the Local Agency will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. (1) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency and the Stat in advance of the Work, as provided for in 23 CFR 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. (2) An alternative to the above is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the 12 OLA #: 331002183 Routing #: 20-HA3-XC-03004 Document Builder Generated Rev. 04/08/2020 Page 6 of 12 Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 CFR Part 31. (3) Rental rates for publicly owned equipment will be determined in accordance with the State’s Standard Specifications for Road and Bridge Construction § 109.04. (4) All force account work shall have prior approval of the State and shall not be initiated until the State has issued a written notice to proceed. C. State’s obligations 1. The State will perform a final project inspection prior to project acceptance as a Quality Control/Assurance activity. When all Work has been satisfactorily completed, the State will sign a final acceptance form. 2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed by or are the responsibility of the Local Agency as identified in the Scope of Work in Exhibit A, within the Work of this contract. Section 8. ROW Acquisition and Relocation If the Project includes right of way, prior to this project being advertised for bids, the Responsible Party will certify in writing to the State that all right of way has been acquired in accordance with the applicable state and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with: all applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 CFR Part 24); CDOT’s Right of Way Manual; and CDOT’s Policy and Procedural Directives. Allocation of Responsibilities are as follows: • Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way – 3114 charges); • Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or • No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses). Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency’s and the State’s responsibilities for each option is specifically set forth in CDOT’s Right of Way Manual. The manual is located at http://www.dot.state.co.us/ROW_Manual/. If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency shall immediately convey title to such right of way to CDOT after the local agency obtains title. Section 9. Utilities If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the Responsible Party will certify in writing to the State that all such clearances have been obtained. Section 10. Railroads In the event the Project involves modification of a railroad company’s facilities whereby the Work is to be accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects involving railroad facilities, including: A. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. B. Obtaining the railroad’s detailed estimate of the cost of the Work. C. Establishing future maintenance responsibilities for the proposed installation. D. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. E. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 11. Environmental Obligations 13 OLA #: 331002183 Routing #: 20-HA3-XC-03004 Document Builder Generated Rev. 04/08/2020 Page 7 of 12 The Local Agency shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Section 12. Maintenance Obligations The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and expense during their useful life, in a manner satisfactory to the State. The Local Agency will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations which define the Local Agency’s obligations to maintain such improvements. The State will make periodic inspections of the project to verify that such improvements are being adequately maintained. Section 13. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State to inspect the project and to inspect, review and audit the project records. Section 14. Termination Provisions This contract may be terminated as follows: A. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency’s action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. C. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. Section 15. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. 14 OLA #: 331002183 Routing #: 20-HA3-XC-03004 Document Builder Generated Rev. 04/08/2020 Page 8 of 12 Section 16. Representatives and Notice Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to but not in lieu of a hard -copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. If to State If to the Local Agency CDOT Region: 3 City of Aspen Jason Huddle Mike Horvath Project Manager Project Manager 222 South 6th Street 201 N. Mill Street, Suite 203 Grand Junction, CO 81501 Aspen, CO 81611 970-683-6253 970-429-2776 Section 17. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 18. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 19. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 20. Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 21. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 22. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 23. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect 15 OLA #: 331002183 Routing #: 20-HA3-XC-03004 Document Builder Generated Rev. 04/08/2020 Page 9 of 12 beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 24. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. Section 25. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Section 26. Statewide Contract Management System If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date or at any time thereafter, this §Statewide Contract Management System applies. Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Contractor’s performance shall be part of the normal contract administration process and Contractor’s performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor’s obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Contractor’s obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Transportation and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause. Section 27. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3). These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. 16 OLA #: 331002183 Routing #: 20-HA3-XC-03004 Document Builder Generated Rev. 04/08/2020 Page 10 of 12 This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. 17 OLA #: 331002183 Routing #: 20-HA3-XC-03004 Document Builder Generated Rev. 04/08/2020 Page 11 of 12 The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests. J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State. K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (i) shall not use E-Verify Program or the program procedures of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8- 17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty o f perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. 18 OLA #: 331002183 Routing #: 20-HA3-XC-03004 Document Builder Generated Rev. 04/08/2020 Page 12 of 12 Section 29. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY CITY OF ASPEN Name: ______________________________________ (print name) Title: _______________________________________ (print title) ____________________________________________ *Signature Date: _________________________________________ STATE OF COLORADO Jared S. Polis Department of Transportation By___________________________________________ Stephen Harelson, P.E., Chief Engineer (For) Shoshana M. Lew, Executive Director Date: _________________________________________ 2nd Local Agency Signature if needed Name: ______________________________________ (print name) Title: _______________________________________ (print title) ____________________________________________ *Signature Date: _________________________________________ STATE OF COLORADO LEGAL REVIEW Philip J. Weiser, Attorney General By___________________________________________ Signature – Assistant Attorney General Date: _________________________________________ ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. STATE OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ______________________________________ Colorado Department of Transportation Date: ______________________________________ 19 Exhibit A – Page 1 of 1 EXHIBIT A – SCOPE OF WORK 23666 – City of Aspen – Paepcke Mobility Hub Project (MMOF) MTF Project – MTF M045-017 SCOPE OF WORK The proposed Hub project will install bus stop shelters, crosswalks, crossing indicators, signage and other amenities The project is funded with Multi-Modal Options Funding (MMOF). MMOF funding expenditures shall be invoiced by June 1st of the year they expire. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK 20 Exhibit B EXHIBIT B – LOCAL AGENCY RESOLUTION LOCAL AGENCY ORDINANCE or RESOLUTION (if applicable) 21 Exhibit C - Page 1 of 1 EXHIBIT C – FUNDING PROVISIONS MTF M045-017 (23666) MMOF A.Cost of Work Estimate The Local Agency has estimated the total cost the Work to be $1,300,784.00, which is to be funded as follows: 1.BUDGETED FUNDS a.State Funds (50.00% of Participating Costs) $650,392.00 b.Local Agency Matching Funds (50.00% of Participating Costs) $650,392.00 TOTAL BUDGETED FUNDS $1,300,784.00 2.ESTIMATED PAYMENT TO LOCAL AGENCY a.State Funds Budgeted $650,392.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $650,392.00 3.FOR CDOT ENCUMBRANCE PURPOSES a.Total Encumbrance Amount $1,300,784.00 b.Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 Net to be encumbered as follows: $1,300,784.00 Note: No funds are currently available. Funds will become available after execution of an Option letter (Exhibit B) or formal Amendment. WBS Element 23666.10.30 Performance Period Start*/End Date Not Applicable Misc. 3200 $0.00 WBS Element 23666.20.10 Not Applicable Const. 3301 $0.00 *The Local Agency should not begin work until both of the following are in place: 1)The execution of the document encumbering funds for the respective phase; and 2)Local Agency receipt of the official Notice to Proceed. Any work performed before these milestones are achieved will not be reimbursable. *Matching Funds The matching ratio for this Work is 50.00% State funds to 50.00% Local Agency funds, it being understood that such ratio applies only to the $1,300,784.00 of total budgeted funds, it being further understood that all non-participating costs are borne by the Local Agency at 100%. If the total cost of performance of the Work is less than $1,300,784.00, then the amounts of Local Agency and State funds will be decreased in accordance with the funding ratio described herein. *Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $650,392.00 (for CDOT accounting purposes, the State funds of $650,392.00 and the Local Agency matching funds of $650,392.00 will be encumbered for a total encumbrance of $1,300,784.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. The maximum amount payable shall be reduced without amendment when the actual amount of the Local Agency’s awarded contract is less than the budgeted total of the State funds and the Local Agency matching funds. The maximum amount payable shall be reduced through the execution of an Option Letter as described in Section 7. E. of this contract. 22 Exhibit D - Page 1 of 2 EXHIBIT D – OPTION LETTER SAMPLE OPTION LETTER State Agency Department of Transportation Option Letter Number ZOPTLETNUM Local Agency ZVENDORNAME Agreement Routing Number ZSMARTNO Agreement Maximum Amount Initial term State Fiscal Year ZFYY_1 Extension terms State Fiscal Year ZFYY_2 State Fiscal Year ZFYY_3 State Fiscal Year ZFYY_4 State Fiscal Year ZFYY_5 Total for all state fiscal years $ ZFYA_1 $ ZFYA_2 $ ZFYA_3 $ ZFYA_4 $ ZFYA_5 $ ZPERSVC_MAX_ AMOUNT Agreement Effective Date The later of the effective date or ZSTARTDATEX Current Agreement Expiration Date ZTERMDATEX 1. OPTIONS: A. Option to extend for an Extension Term B. Option to unilaterally authorize the Local Agency to begin a phase which may include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition/Relocation or Railroads) and to update encumbrance amounts (a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C -2, C-3, C-4, etc.). C. Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.). D. Option to unilaterally do both A and B (a new Exhibit C must be a ttached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows: C -2, C-3, C-4, etc.). 2. REQUIRED PROVISIONS: Option A In accordance with Section 2, C of the Original Agreement referenced above, the State hereby exercises its option for an additional term, beginning on (insert date) and ending on the current contract expiration date shown above, under the same funding provisions stated in the Original Contract Exhibit C, as amended. Option B In accordance with Section 7, E of the Original Agreement referenced above, the State hereby exercises its option to authorize the Local Agency to begin a phase that will include (describe which phase will be added and include all that apply – Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) and to encumber previously budgeted funds for the phase based upon changes in funding availability and authorization. The encumbrance for (Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous)is (insert dollars here). A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only, please delete when using this option. Future changes for this option for Exhibit C shall be labled as follows: C-2, C-3, C-4, etc.). Option C 23 Exhibit D - Page 2 of 2 In accordance with Section 7, E of the Original Agreement referenced above, the State hereby exercises its option to authorize the Local Agency to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. Option D In accordance with Section 7, E of the Original Agreement referenced above, the State hereby exercises its option to authorize the Local Agency to begin a phase that will include (describe which phase will be added and include all that apply – Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous); 2) to encumber funds for the phase based upon changes in funding availability and authorization; and 3) to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following language must be included on ALL options): The Agreement Maximum Amount table on the Contract’s Signature and Cover Page is hereby deleted and replaced with the Current Agreement Maximum Amount table shown above. 3. OPTION EFFECTIVE DATE: The effective date of this option letter is upon approval of the State Controller or delegate. APPROVALS: State of Colorado: Jared S. Polis, Governor By: _____________________________________________ Date: __________________ Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. State Controller Robert Jaros, CPA, MBA, JD By: __________________________________ Date: ________________________________ 24 MEMORANDUM TO:Mayor and City Council FROM: Steve Hunter, Utilities Resource Manager Drought Response Committee (DRC) THROUGH:Tyler Christoff, Director of Utilities MEMO DATE:07/16/2020 MEETING DATE:07/28/2020 RE:Resolution #62 (Series of 2020) Adoption of the City of Aspen Drought Mitigation and Response Plan (DMRP) ________________ REQUEST OF COUNCIL: City Council is requested to consider approval of Resolution #62 (Series of 2020) adopting the City of Aspen Drought Mitigation and Response Plan (DMRP), which is attached at Exhibit A. This document would work in concert with proposed changes to Title 25, Chapter 28 – Water Shortages municipal code revisions to provide a strategic response to water shortage conditions. PREVIOUS COUNCIL ACTION: The City adopted its water shortage policy through an Ordinance of the Municipal Code. The Water Shortage Ordinance (Chapter 25.28) was originally developed in the 1980’s. This Ordinance has been amended periodically to update definitions, water reduction targets and violations. Council has enacted the Water Shortage Ordinance three times since adoption. Council declared a Stage I drought in both 2002 and 2012. In 2018 both a Stage I & Stage II Water Shortage was declared. Temporary water use curtailment and rate increases were enacted under previous declarations. In 2019, Council adopted an ordinance and updated the municipal code to strengthen the definition of water waste and the enforcement against wasting water during all times, not only under shortage conditions. Additionally, Council directed staff to create operating methods, policy, and regulations that supported conservation practices. At the time, Council requested a unified policy outlining the City’s response to water shortages. On July 14th, 2020 City Council officially adopted resolution #9 declaring stage one water shortage for the City of Aspen. At this time City departments immediately implemented water conservation efforts. In addition, City staff has begun public education and outreach on drought conditions and what residents and visitors can do to help conserve water. 25 2 BACKGROUND: Aspen’s municipal water supply comes primarily from Castle and Maroon Creeks. Unlike many community supplies, the Aspen water system has very little water storage, relying primarily on direct streamflow. This system does not allow the controlled release of water to match water demand. Instead, it depends on the consistent release of water from snowmelt. During drier than normal years, runoff conditions may not match the timing of the City’s typical demands and reductions in typical water usage may be necessary. During these conditions, the City’s water policy enables Council to enact its Water Shortage Ordinance by selecting an appropriate water shortage stage. To better respond to the local impacts experienced by drought conditions, City staff created a Drought Response Committee (DRC). This group is made up of staff representing a wide variety of City departments that impact, regulate, or inform the community on our water resources. This group has met periodically to produce the Drought Mitigation and Response Plan and provide recommendations to respond to local conditions in real-time. DISCUSSION:The City of Aspen’s drought response is guided by the Drought Mitigation and Response Plan, Drought Response Committee, and Code Chapter 25.28. The committee and code support the DMRP and create a coordinated and strategic response to future water storage conditions. City code language covers regulatory, enforcement, and rate response while the DMRP addresses drought indicators, outreach, and the community’s hierarchy of need. This Drought Mitigation and Response Plan provides a framework for Aspen to use water sustainably, particularly during drought and other conditions that create a water shortage. Water shortages occur when water demands exceed available water supplies and is often driven by a combination of snowpack and precipitation conditions, temperature, and water use. Implementation of the DMRP will support the wise use of water under all conditions, help preserve essential public services, and minimize the adverse effects of a water supply emergency on public health and safety, environmental resources, economic activity, and individual lifestyles. The DMRP works in concert with the City of Aspen Water Efficiency Plan (WEP) and programs implemented through the WEP, such as the Water Efficient Landscape Ordinance. These plans and programs encourage the efficient use of water by establishing “normal” condition guidelines that are in place unless restrictions are imposed through action by City Council. Staff relies upon national drought monitoring tools and indices as well as state and local hydrologic and climatic information to monitor for drought conditions. Through this monitoring, coupled with analyses and professional judgment, staff will recommend appropriate drought stage declarations for Council’s approval under the DMRP. 26 3 Staff believe this policy document provides a comprehensive guidance to staff and the community in the event of a future water storage condition. ENVIRONMENTAL IMPACTS:A city-wide reduction in typical water usage will help reduce the negative impacts to the agricultural, recreation, and aquatic habitat communities along the Roaring Fork River. This would not occur if water restrictions were not enacted. Public safety concerns resulting in increased wildfire and drought related hazards, as well as negative economic impacts are also expected to occur if conditions persist. STAFF RECOMMENDATION: The City of Aspen’s Drought Response Committee (DRC) requests the approval of resolution #62 adopting of the City of Aspen Drought Mitigation and Response Plan (DMRP). CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A – City of Aspen Drought Mitigation and Response Plan (DMRP) 27 RESOLUTION # 062 (Series of 2020) A RESOLUTION IN ASPEN, COLORADO, ADOPTING THE CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN. WHEREAS, the City of Aspen has demonstrated a long-term commitment to the wise stewardship and responsible and efficient use of its water resources; and WHEREAS, the City of Aspen carefully developed a City of Aspen Drought Mitigation and Response Plan, attached hereto as Exhibit A; and WHEREAS, the City of Aspen has established procedures to guard against potential shortages in its water supplies pursuant to Municipal Code Section 25.28.020; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: That the City Council of the City of Aspen hereby adopts the City of Aspen Drought Mitigation and Response Plan, attached hereto as Exhibit A and incorporated by this reference. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 28th day of July 2020. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, July 28, 2020. Nicole Henning, City Clerk 28 Drought Mitigation and Response Plan City of Aspen, Colorado ELEMENT Water Consulting DRAFT JULY 2020 29 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN PREPARED BY www.elementwaterinc.com (303) 481-2365 130 SOUTH GALENA ST ASPEN, CO 81611 (970) 920-5000 July 10, 2020 30 ELEMENT Water Consulting PAGE ii Table of Contents INTRODUCTION..................................................................................................................... 1 PLAN FOCUS ........................................................................................................................... 1 1.STAKEHOLDERS, OBJECTIVES AND PRINCIPLES................................................................... 2 1.1 DROUGHT RESPONSE COMMITTEE ..................................................................................... 2 1.2 OBJECTIVES AND OPERATING PRINCIPLES ............................................................................ 4 2.HISTORICAL DROUGHT AND IMPACT ASSESSMENT............................................................ 6 2.1 HISTORICAL ASSESSMENT OF DROUGHT,AVAILABLE SUPPLIES,AND DEMANDS ............................. 6 3.DROUGHT IMPACT ASSESSMENT..................................................................................... 10 4.DROUGHT MITIGATION AND RESPONSE.......................................................................... 10 4.1 SUPPLY-SIDE MITIGATION AND RESPONSE STRATEGIES ......................................................... 11 4.2 DEMAND-SIDE MITIGATION AND RESPONSE STRATEGIES ....................................................... 12 5.DROUGHT STAGES, RESPONSE TARGETS, AND MONITORING........................................... 13 5.1 DROUGHT STAGES AND RESPONSE TARGETS ...................................................................... 13 5.2 MONITORING OF DROUGHT INDICATORS ........................................................................... 14 5.3 MONITORING REFERENCES AND RESOURCES ...................................................................... 15 6.STAGED DROUGHT RESPONSE PROGRAM........................................................................ 18 6.1 NORMAL CONDITIONS:WATCH ...................................................................................... 18 6.2 STAGE 1:MODERATE ................................................................................................... 19 6.3 STAGE 2:SEVERE ........................................................................................................ 20 6.4 STAGE 3:EXTREME...................................................................................................... 21 6.5 EMERGENCY RESPONSE:EXCEPTIONAL.............................................................................. 22 7.IMPLEMENTATION.......................................................................................................... 23 7.1 WATER SHORTAGE DECLARATIONS .................................................................................. 23 7.2 DROUGHT PUBLIC INFORMATION CAMPAIGN ..................................................................... 24 7.3 ENFORCEMENT ........................................................................................................... 25 7.4 REVENUE IMPLICATIONS AND FINANCIAL BUDGETING PLAN.................................................... 25 7.5 MONITORING OF PLAN EFFECTIVENESS ............................................................................. 26 7.6 PLAN APPROVAL ......................................................................................................... 26 7.7 FUTURE UPDATES ....................................................................................................... 26 8.REFERENCES.................................................................................................................... 27 31 ELEMENT Water Consulting PAGE iii List of Figures Figure 1: Illustrative Municipal Supply and Demand Scenario...................................................................11 List of Tables Table 1: Drought Response Committee Members and Roles.......................................................................3 Table 2: General Water Use Priorities During Water Shortage Conditions..................................................5 Table 3: Potential Future Drought Impacts.................................................................................................10 Table 4: Staged Drought Response Categories and Water Use Reduction Goals.......................................13 Table 5: Drought Indicator and Corresponding Time of Year.....................................................................14 List of Abbreviations AF acre-feet AFY acre-feet per year cfs cubic feet per second CWCB Colorado Water Conservation Board DMRP Drought Mitigation and Response Plan DRC Drought Response Committee gpm gallons per minute IRP Integrated Resources Plan SWE snow water equivalent WATF Water Availability Task Force WEP Water Efficiency Plan 32 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 1 INTRODUCTION The City of Aspen (City or Aspen) owns and operates its water supply system, providing treated, i.e. potable, water to all customers in its service area and raw, i.e. non-potable, water for irrigation purposes to a small subset of customers. Aspen provides water for snowmaking from both treated and raw water supplies. The City is committed to sustainability and providing a quality potable water supply to the community. This Drought Mitigation and Response Plan (DMRP) provides a framework for Aspen to use water sustainably, particularly during drought and other conditions that create a water shortage. Water shortage occurs when water demands exceed available water supplies and is often driven by a combination of snowpack and precipitation conditions, temperature, and water use1. Implementation of the DMRP will support the wise use of water under all conditions, help preserve essential public services, and minimize the adverse effects of a water supply emergency on public health and safety, environmental resources, economic activity, and individual lifestyles. The DMRP works in concert with the City of Aspen Water Efficiency Plan (WEP) and programs implemented through the WEP, such as the Water Efficient Landscape Ordinance. These plans and programs encourage the efficient use of water at all times by establishing “normal” condition guidelines that are in place unless restrictions are imposedthrough action by City Council. Aspen staff rely upon national drought monitoring tools and indices as well as state and local hydrologic and climatic information to monitor for drought conditions. Through this monitoring, coupled with analysesand professional judgment, Aspen staff will recommend appropriate drought stage declarations for Council’s approval under the DMRP. Section 6 of this plan provides an overview of the staged response program and Section 7 provides additional information about the implementation process. PLAN FOCUS Aspen obtains itswater supply primarily from the surface water sources of Castle Creek and Maroon Creek which are tributaries to the Roaring Fork River. Aspen’s water supply is highly dependent upon snowpack and the snowmelt runoff pattern. The City’s water system does not currently include a significant water storage component that would allow it to store water supplies when they are available and release stored water when it is needed, retiming deliveries of watersupplies to match timing of water demands.Without storage, the City is largely dependent upon streamflow availability at its river diversion points. This DMRP focuses on managing the supplies that are available under the City’s current surface water system operations. Potential future supply components, such as storage and use of ground water, are identified as longer-term water shortage mitigation strategies. Streamflow is susceptible to variation and changing conditions, including diurnal streamflow fluctuations, as well as catastrophic events such as landslides, fires,andother events that can prevent river diversionsfor some period of time. For Aspen, its surface water supply is vulnerable in the late summer, after the main snowmelt runoff period, when landscape irrigation demands are still high. Furthermore, Aspen is committed to protecting decreed instream flowsand has adopted a policy to maintain streamflow in the creeks downstream of its diversion structures at flow rates that are at or above the Colorado Water Conservation Board’s (CWCB) decreed 1 This plan focuses specifically on mitigation and monitoring for drought indicators; however, many aspects of the response program are applicable for other types of water shortages. For purposes of this plan, the terms “drought” and “water shortage” are used somewhat interchangeably. 33 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 2 instream flow rights for the protection of the fishery and the associated aquatic habitats in those streams. At times, Aspen limits its river diversions to prioritize protection of the environmental flows. Demand-side response strategies provide ways the City and its customers can reduce water use during a shortage. These strategies are the cornerstone of the City’s DMRP. During drought conditions, water supply shortages are typically most pronounced during summer months, when demands are high due to irrigation. Therefore,the response measures in this DMRP generally target outdoor water uses. Additional detail regarding Aspen’s water demands is available in the WEP. This DMRP specifically applies to usesof the City’s treated water supply. It also applies to use of the City’s pressurized and non-pressurized raw water supply that is made available pursuant to agreements that provide for curtailment of water use or suspension of water delivery during water shortages or emergencies, as defined under Section 25.28of the City Municipal Code.Some City raw water is provided pursuant to longstanding agreements that do not contain curtailment provisions. 1. STAKEHOLDERS,OBJECTIVES AND PRINCIPLES 1.1 DROUGHT RESPONSE COMMITTEE Historically, the Aspen Utilities Department has coordinated with other staff throughout the City as water supply monitoring began to indicate the potential for drought conditions. Staff have come together to make recommendations to City Council regarding water shortage declarations related to drought conditions. In 2019, aformal Drought Response Committee (DRC) was formed to support the planning for ongoing drought response efforts. Starting in 2018 and ending in summer of 2019 (the “2018” drought), Aspen was under a water shortage declaration. During this period, the Utilities Department staff realized that the success of an ongoing water shortage monitoring and response program would depend upon having an interactive, collaborative process with staff from other departments throughout the City. The DRC includes staff representing departments that need to be involved to monitor drought conditions, make recommendations for declaring a water shortage related to drought, communicate with elected officials and the public both before and during drought, evaluate the effectiveness of drought response, enforce drought restrictions, and provide recommendations for necessary actions. A list of the current DRC members and committee roles is provided in Table 1 below. 34 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 3 Table 1: Drought Response Committee Members and Roles. Current Staff Position Committee Role Committee Role Responsibilities Scott Miller Public Works Director Final Decision Maker Make final decisions in consideration of DRC input. Support Utilities Director and staff in development, promulgation, and implementation of Rules and Regulations. Tyler Christoff Utilities Director Resource Authorization Lead Assist in clarifying roles and providing staff support. Develop and promulgate Rules and Regulations to implement response plan under water shortage declaration. Ensure Rules and Regulations are carried out and provide coordination between departments. Steve Hunter Utility Resource Manager Drought Response Team Leader Lead the coordination, gathering, and dissemination of information and prepare recommendations for department heads and City Council. Lee Ledesma Utilities Finance Manager Financial Advisor Provide cost estimates to implement demand reduction programs, expected lost revenue estimates, and recommend drought pricing changes. Austin Weiss Parks Managers Parks Advisors Provide information and guidance on irrigation management of parks, golf course, and open spaces. Rob Covington Raw Water Supervisor Watershed Conditions Advisors Provide information and guidance on water supply availability, water rights, and operations. Charlie Bailey Water Treatment Supervisor Water Treatment Advisor Provide information and guidance on water treatment operations and water quality issues. Ashley Perl Climate Action Manager Environmental Policy Advisor Provide information and guidance on best science for monitoring climate and ensure that the drought response is coordinated with the City’s environmental policy. Mitzi Rapkin Community Relations Specialist Messaging Advisor Lead the public outreach, messaging to customers, and media relations and messaging to staff. Melissa Asay Utility Billing Supervisor Billing Advisor Lead the implementation of database improvements and bill format changes to implement rate and fee changes and provide messaging information. Chris Menges E.H. Data and Research Project Planner Efficiency Policy Advisor Provide information and guidance on water demand reduction measures, associated cost estimates, and evaluate response effectiveness. Serve as the liaison between the WEP and DMRP. Raquel Flinker Project Manager II Utilities Analyst Serve as the liaison for internal planning and implementation efforts such as the City’s exploration of Alternative Transfer Methods and the development of the Integrated Resources Plan. April Long Clean River Program Manager River and Stormwater System Advisor Provide information and guidance on impacts of drought to the health of the river and stormwater system. Jim True City Attorney Legal Advisor Provide legal advice on the drought response program, drought pricing changes, and need for City Council approval. 35 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 4 During the 2018 drought, four meetings were held with the DRC focusing on the drought conditions and response measures. The DRC meetings were designed to monitor drought conditions to inform ongoing drought stage recommendations while discussing long-term goals, objectives, and strategies for drought response planning and implementation. A significant amount of the DRC meeting time was spent discussing Aspen’s unique customer base and how to engage and encourage customer and community support for efficient water use at all times. The DRC insight provided a broad perspective in developing this DMRP. When a drought occurs, the DRC will work together to move through water shortage declarations and implement a staged response plan. 1.2 OBJECTIVES AND OPERATING PRINCIPLES Aspen’s DMRPobjectives and operating principles were establishedto guide the development of this plan while also supporting the City’s water use priorities. The DMRP objectives are as follows: Maintain essential public services to preserve public health and safety, environmental resources, and economic activity during all drought stages. Provide guidance to prepare for and respond to drought conditions through a staged drought response program. This includes the framework for how to transition through varying drought stages depending on drought severity, as indicated through monitoring of available hydrologic, climatic, and water use information. Effective communication of drought awareness and response information to water customers. When water shortages occur, water use restrictions are imposed in order to meet the most critical community needs. The general prioritization of water use under a water shortage condition is provided in Table 2. The City’s first priority is to preserve the health and safety of the community, followed by the City’s commitment to protect the natural environment through the preservation of decreed instream flows. Depending on the severity and duration of the water shortage, water uses described under Priorities 4, 5, 6, and 7 may need to be reduced or prohibited, starting with hydroelectric power generation as the lowest priority use. Restrictions under Priority 3 reflect ‘nonessential’ potable indoor uses; however, these restrictions could impact the business and commercial/recreational sector and would likely not be implemented except under severe, long-term shortages. While this sequence of priorities reflects the City’s general philosophy for community water use during water shortage conditions, each water shortage circumstance is unique and will be evaluated by the City to determine the appropriate set of response measures. The DMRP provides a comprehensive yet flexible framework to guide the City through drought mitigation and response efforts, as well as the procedures to follow for declaring a drought and implementing drought response measures. 36 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 5 Table 2: General Water Use Priorities During Water Shortage Conditions. Priority Representative End Uses Description 1 Health and Safety Indoor sanitary uses for residential, commercial, schools, health services, etc.; firefighting and hydrant flushing. 2 Protection of Natural Environment Protection and maintenance of decreed instream flows. 3 Discretional Commercial and Industrial Use Non-sanitary indoor uses; outdoor commercial uses to support stability. 4 Public Parks and Recreation Outdoor potable or raw water irrigation of public areas, including lawngrass in active recreation areas. 5 Residential Landscaping Features Outdoor potable or raw water irrigation of trees and shrubs in residential areas. 6 Lawngrass Irrigation Outdoor potable or raw water irrigation of residential lawngrass and public areas with low foot-traffic throughout the City. 7 Hydroelectric Power Generation Generation of hydroelectric power from Maroon Creek diversions. Thefollowingoperating principles supportedthe development of this DMRPand provide a set of guidance criteria that will support the DRC while making decisions during times of a drought. Input from the DRC and other City representatives will be considered in the development and implementation of the DMRP. Response measures that limit and/or restrict water use of certain end-users will be implemented in a manner to reflect the priorities listed above, with the highest priority being the preservation of water for public health and safety purposes during periods of drought. Except when public health or safety is at risk, all reasonable efforts will be taken to preserve the environmental and recreational value of the surrounding lands which are important to the values and livelihood of City residents. This is the City’s highest priority second only to public health and safety. Effective coordination and collaboration among City staff is crucial to the success of the DMRP. This plan provides a comprehensive framework for implementation of the staged drought response program based on available information. Exceptions/adjustments to this framework may be necessary during a drought or under other water shortage conditions. Any changes will be clearly communicated and coordinated among the appropriate City staff. The City will strive to minimize the severity of potential impacts through diligent planning and mitigation. Targeted communication and outreach with the community is critical to the implementation and success of any program requiring a reduction in demands. Developing an engaged and educated public will better support an effective drought response. 37 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 6 2. HISTORICAL DROUGHT AND IMPACT ASSESSMENT 2.1 HISTORICAL ASSESSMENT OF DROUGHT,AVAILABLE SUPPLIES,AND DEMANDS Droughts are cyclical and unavoidable, especially in Colorado’s semi-arid climate. Our water history is reflected in terms of these historical droughts and how significantly streamflow was impacted. Historical periods of drought are often referenced in long-range water planning efforts to provide a “worst-case” planning scenario. The Aspen Utilities Department, for example, frequently references the 1977 drought to represent historically low streamflow. In fact, 1977 is known locally as the year that the Roaring Fork went dry through Aspen. In more recent history, 2002, 2012, and 2018 conditions influenced water shortage declarations inAspen and across the state. In particular,2002 was considered the worst drought year on record statewide in terms of streamflow. Without meaningful storage, Aspen relies completely on live stream conditions. Aspen considers these historical droughts in its water supply planning, as well as the potential for more severe or prolonged droughts to occur in the future.Following each of the recent droughts, Aspenhasreevaluated its drought response and made changes to its drought response program and/or Municipal Code to reflect lessons learned and to more clearly define demand reduction goals, stages, and response mechanisms, as appropriate. 2002 Drought At the end of April, 2002, the year-to-date precipitation at the Independence Pass SNOTEL site was at 64% of the long-term average. These conditions triggered the City to begin planning for a potential drought over the coming months. Streamflow projections were showing that runoff could peak as early as mid- May, which is about four weeks ahead of normal. There was another complicating factor due to atypical early administrative water rights calls on the river in the lower Gunnison and Colorado Rivers that impacted legally available supplies in the Roaring Fork Basin. Statewide, the Governor had declared a drought emergency by May of 2002, calling on local governments and others to do their part in conserving the State’s water resources. In early May, 2002, Aspen initiated a Stage 1 water shortage declaration, beginning with voluntary restrictions and an adjustment to its tiered rate structure in thehighest tier.The City terminated the water shortage declaration and the associated temporary surcharges in October of 2002, never having advanced 38 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 7 beyond the Stage 1 declaration.2 There has been a steady decrease in Aspen’s potable demands, largely in response to the significant drought impacts and enhanced water efficiency focus following the 2002 drought. Aspen’s ongoing conservation and efficiency activities have influenced a consistent decrease in water use over time and helped to mitigate drought impacts experienced in Aspen over the 2012 and 2018 droughts. 2012 –2013 Drought By June, 2012, much of Colorado was experiencing some level of drought condition. The City was experiencing a reduction in supply from water that could not be produced from its wells due to water quality issues. Additionally, extremely low snowpack leading into the runoff season threatened late- summer streamflow levels. In June, 2012, Aspen initiated a water shortage declaration, beginning with voluntary restrictions and an adjustment to the highest tier of its rate structure. Aspen decided to keep the Stage 1 declaration through the 2012 – 2013 winter. Having the Stage 1 declaration in place at the beginning of the irrigation season was considered essential to early actions and educational outreach to City customers, allowing them an opportunity to initiate changes in irrigation and other uses that would conserve water throughout the 2013 irrigation season. Aspen and the surrounding areas experienced strong monsoon weather patterns in late July and August of 2013, leading to improved instream flows in Castle and Maroon Creeks. In September, 2013, the City ended the Stage 1 declarationand all associated surchargesThe City experiencedhigher demands in 2012 leading into a reduced demand in 2013 in response to ongoing Stage 1 declaration and voluntary reductions.3 Following this drought, the City added water use reduction goals for pressurized and non- pressurized raw water systems. 2018 –2019 Drought As of May 7, 2018, the year-to-date precipitation at the Independence Pass SNOTEL site wasat about 60% of the long-termaverage. These drier than normal conditions were expected to impact the runoff season, both in terms of the time to return to baseflows and the volume of runoff available. Forecasts indicated the volume of runoff was expected to be 50% – 70% of normal for the Roaring Fork Basin. 2 Note that Stage 1 requirements in 2002 were different from the stages described herein. 3 Note that Stage 1 requirements in 2012-13 were different from the stages described herein. 39 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 8 In mid-May, 2018, Aspen declared Stage 1 water shortage conditions. Under Stage 1, public facilities, including parks and golf courses, were directed to lead by example and implement water use restrictions, public education materials were provided to the community to encourage voluntary efficient use, and temporary water surcharges were added to the upper tiers of the billing rate structure to encourage a reduction in water use. The City continued to monitor supply conditions and customer demands throughout the summer. In mid-August, 2018,the City moved from a Stage 1 to Stage 2 water shortage declaration. The goal under Stage 2 was to protect the health of Castle and Maroon Creeks while maintaining Aspen’s municipal water 40 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 9 supplies at levels that could meet customer demands and maintain healthy landscapes. Stage 2 included mandatory restrictions for all Aspen treated water customers, including: •No watering of lawns between 10 a.m. and 6 p.m. or more than three days a week and no more than 30 minutes per sprinkler zone per day. •No watering native areas more than two days a week or during rain events. •No watering resulting in ponding or the flowing of water onto paved surfaces. •No washing of sidewalks, driveways, patios, tennis courts and parking areas. A City email address was provided to customers to report violations if observed and the City could issue fines for violations and disconnect water service for repeat violations. Temporary surcharges were increased for the upper tiers of the billing rate structure to support further reduction in water use. While revenue projections from water use in Tier 1 and Tier 2 were expected to decline once customers responded to the water shortage declaration, the City anticipated the decline to be offset to some extent by the higher rates for Tier 3 and Tier 4. The City entered the 2018 – 2019 winter season under the Stage 2 water shortage declaration. Staff considered the pros and cons of remaining under the declaration through the winter versus relaxing or coming out from the declaration for the winter and then potentially re-establishing the declaration in the spring or summer. Various climate projections were monitored and ultimately Aspen chose to maintain the Stage 2 declaration through the duration of the winter season. The primary reasoning was that if the 2018 – 2019 winter had another low snowpack with higher temperatures, Aspen was likely to advance the water shortage staged response program through the 2019 summer months. If the City came out of water shortage declaration during the winter, it would take time to re-engage the declaration process should conditions not improve. Additionally, community outreach was already underway to support reductions in water use. City staff were concerned that interrupting the declaration would disengage the public. During the 2018 declaration process, staff had observed a large lag time between the stage being declared and the customer responses occurring. The DRC was established to support the planning for ongoing drought response efforts. In early spring of 2019, the DRC was closely monitoring snowpack and weather conditions, meeting regularly to review conditions and prepare response strategies. Winter snowpack levels were below average but then a large snow event in March brought snowpack levels up above average. The snowpack fluctuated but continued in an upward trend. By mid-April, the streamflow forecast through the summer was projected to be higher than 2018 conditions, indicating that the 2019 irrigation season would be significantly improved compared to the prior year. In May of 2019, Aspen lifted the Stage 2 restrictions and removed the water shortage declaration. Enforcement was one of the largest challenges experienced during the 2018 – 2019 water shortage declarations. While customer complaint and reporting were the historical mechanism for enforcement, 41 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 10 the DRC concluded that a more formal process for enforcing restrictions would increase the success of the drought response program. The City modified the “wasting of water” section of the Municipal Code to reflect more strict requirements for water use under normal conditions. The DRC also recommended transitioning Stage 1 restrictions from voluntary to mandatory and adding an “Emergency Response” stage to its water shortage categories, as reflected in this DMRP. Some additional changes to the Municipal Code Section 25.28 are in progress at the time of preparing this DMRP. 3. DROUGHT IMPACT ASSESSMENT Impactsto the City during future droughts may be similar to those experienced in past droughts, although depending upon how climate change impacts local conditions, future droughts may be more frequent, intense, and/or prolonged relative to historical droughts. The level of severity for the anticipated impacts varies from minor to significant and is influenced by the magnitude and duration of the drought. One operating principle identified through this plan is to minimize the severity of potential impacts through planning and mitigation. Table 3 below shows potential future drought impacts and the anticipated level of severity based on historical impacts and the anticipated effects of mitigation and planning. Table 3: Potential Future Drought Impacts. Potential Future Impact Potential Severity Increased costs and staff time to implement drought plan Minor Reduced firefighting capability Minor Changes in water use behavior to conserve water Moderate Costs to increase water use efficiency Moderate Impacts to fish and wildlife habitat Moderate Loss of revenue from reduction in water sales Moderate Loss to recreation and tourist industry Moderate Restrictions/limitations on landscaping companies Moderate Disruption of water supplies Moderate to Significant Domestic landscaping stressed or lost Significant Increased risk of frequency and severity of wildfires/flood hazards Significant Public landscaping stressed or lost Significant Visual and landscape quality Significant 4. DROUGHT MITIGATION AND RESPONSE Drought mitigation measures are implemented prior to a drought to avoid, delay, or reduce potential drought impacts. Aspen actively manages its water resources through ongoing and diverse planning efforts, which supports long-term sustainability goals and the mitigation of drought impacts. To date, Aspen’s primary drought mitigation measure has been the implementation of the City’s 2015 WEP. The 2015 WEP works along with the Roaring Fork Regional WEP to support the City’s conservation efforts. Programs implemented through these plans, including a professional landscape certification program, have advanced the City’s outdoor water efficiency program. The City is in the initial phases of developing an Integrated Resources Plan (IRP), which will evaluate the City’s water supply portfolio and demand projections under future conditions, including climate change, ultimately leading to a future supply strategy. 42 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 11 Because Aspen relies predominantly on streamflow for its supplies, management of demands is of high importance. Even during averageyears, Aspen’s water supply system reachesa stress-point in early spring and again in late summer when streamflow are relatively low, demands are relatively high due to irrigation, and Aspen is operating to protect decreed instream flows (see Figure 1). This figure is an illustrative example showing a dry-year water supply compared to a projected demand. Periods where the demand exceeds the supply reflect a water shortage. This illustrates the importance of ongoing conservation as well as drought response strategies. Figure 1: Illustrative Municipal Supply and Demand Scenario. The following is a list of the City’s historical and ongoing mitigation measures: Municipal Water Efficiency Planning Roaring Fork Regional Water Efficiency Planning Integrated Resources Planning Efficient Landscaping and Irrigation Standards Qualified Water Efficient Landscape Certification Program Leak Detection and Water Loss Audit Program Pursuit of an “Engaged Efficiency” Culture Ongoing Monitoring of Drought Indicators 4.1 SUPPLY-SIDE MITIGATION AND RESPONSE STRATEGIES The City is in the process of expanding its existing water supply system to improve reliability, to firm its supplies for long-term drought mitigation and to further respond to an extreme or prolonged drought. The City recognizes that individual water supply sources may be impacted differently by drought 43 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 12 conditions and will consider the availability of each supply,and supply-side management strategies,under each water shortage declaration. Potential supply-side strategies include the following: Storage would help the City to delay the initiation of a water supply shortage declaration under many conditions, particularly drought,and would provide a quantitative index for guiding drought stage selection. The City has conditional storage water rights and, at the time of preparing this plan, is in the process of studying storage site locations. Storage is an important part of Aspen’s long-term drought mitigation strategy (although it will not fully eliminate the City’s drought vulnerability). Until storage is available, Aspen’s decisions regarding water shortage declaration under drought conditions are particularly complicated because water saved through early season demand reductions cannot be held over to meet demands during the latter part of the irrigation season. This requires a faster customer-side response to reduce irrigation demands once streamflow is low, and likely a more immediate implementation and enforcement of water use restrictions. The City owns alluvial groundwater rights that may be exercised in the future as a supplemental supply. At the time of this plan, the existing wells require additional costly treatment in order to be used. The City may retrofit piping from its decreed wells to deliver pumped water either into the City’s water treatment plant or provide further treatment at the wellhead to provide an additional potable supply into the distribution system. If implemented, this would mitigate and likely delay water shortage declarations due to drought by providing a supplementary, interim potable supply. The City may temporarily suspend some diversions of its irrigation water rights and associated deliveries in order to make more physical water available in the stream for diversion and treatment under its municipal water rights. During times that public health and safety is at risk, the City may divert and treat water that it would otherwise not divert because of its commitment to protect the CWCB decreed instream flow rights. The City has the right to reuse a portion of its water supply and is in the process of building a reclaimed water system to exercise this right. Reuse/reclaimed water is not subject to curtailment under this plan but may help mitigate future drought impacts by reducing irrigation by other water rights. Upon operational availability, the City may utilize reclaimed water supplies to irrigate higher priority outdoor water uses as identified in Section 1.2. The City’s water supply depends upon diversions from Castle and Maroon Creeks and therefore data-informed monitoring of these watershed conditions is of critical importance. Monitoring of drought indicators is complicated by the fact that there is not an active streamflow gage located on Castle Creek. The installation and maintenance of a Castle Creek gage would help improve the City’s ability to monitor and make drought declaration decisions. 4.2 DEMAND-SIDE MITIGATION AND RESPONSE STRATEGIES The City’s primary demand-side mitigation measure, as discussed above, is the implementation of the 2015 WEP. In particular, the City has developed outdoor landscape and irrigation efficiency standards. The City’s efficiency programs support a lower baseline demand through efficient water use practices, which delays and minimizes impacts caused bydrought. Demand-side response strategies focus on further reducing water use during times of drought. Because most of the City’s water demand is for outdoor use, 44 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 13 these strategies target outdoor use. Generally, demand-side response strategies can be categorized as follows: Water restrictions on irrigation. Water restrictions on private outdoor swimming pools and hot tubs. Water restrictions on outdoor commercial or construction uses. Billed water use surcharges. These demand-side strategies are important but may not be enough to successfully navigate all droughts into the future, which is why the City continues to evaluate and expand its water supply system. 5. DROUGHT STAGES,RESPONSE TARGETS,AND MONITORING 5.1 DROUGHT STAGES AND RESPONSE TARGETS The City’s drought response strategy is based on five stages representing increasingly severe drought conditions as shown in Table 4 below. These stages and response strategies were developed for water shortage declarations related to drought conditions. The strategies may apply to water shortages related to other circumstances; however, each water shortage should be evaluated independently with Rules and Regulations created to specifically address those conditions. For each stage, the City has identified demand reduction targets on systemwide demands served by treated waterand outdoor demands served by a combination of treated water, pressurized raw water, and non-pressurized raw water. These reduction targets connect withresponse strategies developed for each stage, as described in Section 6of this plan. Municipal drought response strategies tend to focus on outdoor water use reduction programs, targeting irrigation uses to achieve the bulk of the demand reduction goals for a staged drought response; outdoor uses consume significantly more water than indoor uses, and are typically considered more discretionary than indoor uses. Therefore,reductions are typically focused first on outdoor uses. Planning for this type of staged drought response program makes sense for Aspen because the City’s water supply system is currently dependent upon streamflow and is most likely to be limited during the later summer period when landscape irrigation demands are high.Future modeling, monitoring,and the futureaddition of storage may warrant a review and potential modification of these response targets. Table 4: Staged Drought Response Categories and Water Use Reduction Goals. Category WATCH Normal MODERATE Stage 1 SEVERE Stage 2 EXTREME Stage 3 EXCEPTIONAL Emergency Response WATER USE REDUCTION GOALS Systemwide Voluntary 5% - 10% Reduction 10% - 15% Reduction 15% - 25% Reduction 25% - 40% Reduction Outdoor Voluntary 10% - 15% Reduction 15% - 25% Reduction 25% - 60% Reduction 60%+ Reduction 45 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 14 5.2 MONITORING OF DROUGHT INDICATORS The amount of water available for the City’s municipal supply is currently dependent upon the physically available streamflow in Castle and Maroon Creeks. Both Castle and Maroon Creeks are snowmelt dominated streams, and the amount of summerstreamflow is closely related to snowpack conditions that occurred the prior winter. Timing of peak snowmelt runoff is another significant factor in summer streamflow availability. To interpret local conditions, Aspen staff rely upon severalhydrologic and climatic indicesincluding snowpack, precipitation, temperature, wind, evaporation, streamflow, soil moisture, and weather forecasts to support professional judgment in making recommendations for declaring water shortages and moving through drought stages. The combination of conditions makes each year unique and requires ongoing monitoring.The time of year corresponding with each indicator is also important to consider, e.g. snowpack is used as a primary indicator during winter and early spring months while streamflow is used as a primary indicator during runoff and summer months. Table 5 shows typical monitoring data relied upon by Aspen to predict drought conditions and the typical timing of. Table 5: Drought Indicator and Corresponding Time of Year Indicator Applicable Time of Year Snowpack November through May Snowmelt April/May Projections Precipitation Snowfall Rainfall October/November through April May through September/October Streamflow April through October Treated Water Demands Year-Round Temperature Year-Round Soil Moisture Year-Round Monitoring and data assessment are most intensive starting in February when snowpack levels start to show trends that can be compared to historical averages, continuing through August when Castle Creek and Maroon Creek flows are declining, and outdoor uses are still high. The monitoring efforts are complicated by the fact that there is not an active streamflow gage located on Castle Creek. Because Aspen’s supplies are driven by snowpack conditions and subsequent runoff patterns, it is difficult to accurately predict conditions far in advance. One large snow event can shift snowpack levels from far below average to above average. Similarly, early peak runoff and abnormally high temperatures can result in reduced late-summer streamflow levels even if end-of-season snowpack data had indicated above- average levels. As such, monitoring is an ongoing process. Water shortage declaration is a near real-time decision made by analyzing and interpreting monitoring data, cross checking with other regional and local water resources experts, and applying historical experience coupled with professional judgment. Some events that may indicate drought include, but certainly are not limited to, include the following: Significantly lower than average peak snow water equivalent (SWE), or if the SWE level peaksearly relative to historical average years, resulting in earlier than typical runoff. Above average temperatures. Dust on snow. Precipitation that falls in the form of rain rather than snow prior to April 1. 46 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 15 Streamflow below 12 cubic feet per second (cfs) in Castle Creek and 14 cfs in Maroon Creek, based on the City’s modeling of prior drought conditions. Below average or no precipitation. 5.3 MONITORING REFERENCES AND RESOURCES The City relies upon monitoring data and field observations to review local conditions. A combination of the drought indicators described above are used to evaluate conditions and make drought declaration decisions. Aspen also considers regional hydrologic and climatic data, drought indices such as the Palmer Drought Severity Indexand the Surface Water Supply Index, information from othernearby water utilities, long-term weather forecasts, etc. The DRC provides a forum for soliciting monitoring information from multiple staff and further establishing key parameters and dates that are used to support monitoring through staff experience. Additionally, the City has a daily operational model of its municipal raw water system that can be used to predict available streamflow entering the City’s system based on operational demand scenarios and streamflow projections. Because this is a predictive model, it can be utilized as an indicator but cannot be solely relied upon in making drought declarations. Drought conditions change frequently and vary in extent and duration–no two droughts are exactly alike. Through ongoing tracking of water supply and demand conditions, before and during drought, the City can adapt itsdrought response strategy to meet changing conditions. This section of the DMRP documents information that has historically been used to monitor for drought conditions, which informs the City in its consideration of declaring water shortages and moving between stages of the drought response program. However, this is not a comprehensive list of resources reviewed and relied upon to support drought monitoring and declaration. Aspen will update its monitoring procedures as new resources and tools become available. The US Drought Monitor4 provides broad-scale perspective on drought conditions nationally, regionally, and by state. The US Drought Monitor maps are updated weekly and released each Thursday. The author of the maps, who may be a different person each week, interprets quantitative data and qualitative information to update the drought intensity patterns. The maps show drought classifications based on geographic locations and range from “None” to D4 Exceptional Drought. This is an important tool for communicating with customers and can be useful in evaluating current conditions relative to a prior period and over an expanded region. However, the drought designations shown in the US Drought Monitor do not reflect local drought declarations but rather provide a general reference for Aspen staff to consider. For example, the US Drought Monitor may show a D3 Extreme Drought condition for the Aspen area, but the City of Aspen may be in a Stage 1 drought declaration. The Governor’s Water Availability Task Force (WATF)5 monitors conditions that affect Colorado’s supply, including snowpack, precipitation, reservoir storage, streamflow and weather forecasts. The WATF holds regular monthly meetings to present status reports from the State Climatologist and NRCS, review outlooks on climate and streamflow conditions, and discuss potential water supply impacts. Drought monitoring and long-term mitigation are ongoing activities and the 4 https://droughtmonitor.unl.edu/CurrentMap.aspx 5 https://cwcb.colorado.gov/water-availability-flood-task-forces 47 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 16 responsibility of the WATF. The Colorado Drought Mitigation and Response Plan (Colorado Drought Plan)6, updated in 2018, outlines a mechanism for coordinated drought monitoring, impact assessment, emergency drought response, and mitigation of long-term drought impacts in Colorado. Drought monitoring is ongoing and facilitated through the WATF regular meetings. The WATF notifies the Governor when drought conditions reach significant levels and recommends activation of the Plan. The Governor activates relevant Impact Task Forces, which convene to determine the existing or potential impacts within sectors (municipal water, agricultural industry, wildlife, and energy). Implementation and the subsequent supporting actions are driven by the specifics of eachemergency or disaster situation. The Colorado Drought Plan can be partially or fully implemented for any number of counties and classifications, allowing flexibility based on recommendations from the Impact Task Forces. Activation of the Colorado Drought Plan does not require any local drought response, although the it is a strong consideration for the City. The Colorado Drought Plan Visualization Story Map7 was developed in association with the Colorado Drought Plan. The Story Map provides an interactive Drought Vulnerability Assessment summary (vulnerability scores and potential impacts) that are summarized by county for each of the following sectors: agriculture, energy, environment, recreation, socioeconomic, and state assets. The municipal sector is not explicitly referenced because of the uniqueness of each municipal water supply system. The Story Map provides a visual representation of counties that are currently triggered, allowing the user to select a county to view associated data for each of the defined sectors. Sectors identified to develop the vulnerability score include agriculture, energy, environment, recreation, state assets, and socioeconomic. The scoring for these categories provides another indicator of drought conditions. Local snowpack conditions are a key water supply indicator that influences how snowmelt runoff will contribute to streamflow duringthe City’s high outdoorwaterdemand period of June through September.NRCS SNOTEL Watershed Time Series Snowpack Graphs8 are published and updated frequently to show daily snowpack data by state or by river basin for the current year to date, the prior 3 years, median snowpack, and average snowpack. General statistics for current snowpack levels are updated with each published chart. This source is frequently used to monitor regional snowpack conditions that indicate the snow status and general seasonal trajectory. The NRCS Colorado Basin-Wide Interactive SNOTEL Charts9 allow usersto select and create snow water equivalent charts summarized by major river basin and by sub-basin, tracking averageSWE levels from all SNOTEL sites within and adjacent to the selected watershed for any combination of years. The user can also develop interactive charts for precipitation. Both historical data and projection charts are available. While these may not provide a direct reflection of Aspen’s local water supply conditions, these charts can be used to gain perspective of the overall basin conditions. NRCS Colorado Site Interactive SNOTEL Charts10 allow the user to select a specific SNOTEL Site and open interactive charts for SWE or precipitation. Both historical data and projection charts are available. Unfortunately, there are no SNOTEL sites located within Aspen’s water supply 6 https://drought.unl.edu/archive/plans/Drought/state/CO_2018.pdf 7 https://lynker.maps.arcgis.com/apps/MapSeries/index.html?appid=8b8a995c2574439cbef10088a08d12ae 8 https://www.nrcs.usda.gov/wps/portal/nrcs/detail/co/snow/products/?cid=nrcs144p2_063323 9 https://www.nrcs.usda.gov/wps/portal/nrcs/detail/co/snow/products/?cid=nrcseprd1432263 10 https://www.nrcs.usda.gov/wps/portal/nrcs/detail/co/snow/products/?cid=nrcseprd1433035 48 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 17 watersheds;however,the Independence Pass site is relatively close.Data from the Independence Pass SNOTEL site (Station ID 542) is monitored and used along with staff field observations to relate this information to snowpack within the Castle, Maroon, and Hunter Creek drainage areas, where Aspen’s water supply is located, as well as the Roaring Fork. Precipitation and temperature11 are compared to prior years and evaluated together with snowpack and streamflow. Early warming and rainfall enhance snowmelt and reduce snowpack. Temperature data from the Aspen 1 SW NOAA station or the Aspen Pitkin Co Airport Sardy Field NOAA station are used to observe the following: o The timing of when minimum daily (i.e. nighttime) temperatures start exceeding 35 degrees Fahrenheit. o Whether precipitation occurs as snow or rain below 10,000 feet elevation. Streamflow is monitored during the winter-to-spring transition period to observe the rate of snowpack dissipation (through inspection of the magnitude and shape of the streamflow curve) and streamflow response to snowmelt (runoff) through the change of season. The NOAA Colorado Basin River Forecast Center12 develops geographic water supply forecasts for the Upper Colorado River Basin, Lower Colorado River Basin, and Eastern Great Basin. Through an interactive map of the basins, the user can select a station and view a hydrograph with observed streamflow, short-term forecast, and longer-term outlook. This website also shows snow conditions, reservoir conditions, precipitation, and soil moisture. Other national drought-specific resources including the National Integrated Drought Information System (NIDIS)13, the Advanced Hydrologic Prediction Center14, the Intermountain West Climate Dashboard15, the Evaporative Demand Drought Index (EDDI)16, and the USDA Topsoil Moisture Monitoring Maps 17 are also relied upon. Treated water production18 data provides an indication of how water demands are trending and is considered along with the water supply indicators to anticipate potential shortages. Treated water demand data are reported through Aspen’s monthly billing software and tracked through an internal water use tool. Billed water use provides an indication of how water demands are trending by customer category. Billed demands are considered along with the production and water supply indicators to anticipate potential shortages. o Beginning in April, monthly water demand data are monitored by customer class relative to the prior 5-year period. Demand data are utilized to help focus recommendations for drought response measures and enhance customer outreach and communications. o During any declared water shortage, demand data summarized by customer category are evaluated for the effectiveness of response actions, including restrictions, water pricing, education, and enforcement, toward reducing demands and supporting recommendations for adjusting the drought response measures. 11 https://www.colorado.gov/cdss/climate-data 12 https://www.cbrfc.noaa.gov/ 13 https://www.drought.gov/drought/states/colorado 14 https://water.weather.gov/ahps/rfc/rfc.php 15 https://wwa.colorado.edu/climate/dashboard.html 16 https://psl.noaa.gov/eddi/ 17 https://www.drought.gov/drought/data-gallery/topsoil-moisture-monitoring 18 https://www.cityofaspen.com/1165/Drought-Dashboard 49 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 18 6. STAGED DROUGHT RESPONSE PROGRAM The City’s staged drought response program identifies appropriate response measures for each drought stage. This section outlines typical drought indicators and response measures, intended to provide a comprehensive set of activities to support the City’s selection of staged response targetsand guidance for developing Rules and Regulations when a water shortage is declared due to drought conditions. While many indicators are considered, all of the conditions listed below do not have to exist before declaring a drought. Similarly, the lists of shortage response measures provide a guide to water use modifications that will be considered during each shortage condition.This part of the DMRP will be used as a framework for developing the Rules and Regulations during a shortage declaration, which will provide details about the specific set of response measures to be implemented and enforced under the particular water shortage circumstances, as further described in Section 7.1 below. The City will modify the program elements as needed to meet demands under changing water supply conditions. While some of the response measures rely on changes to City water uses and activities, the majority of response measures rely heavily on customer behaviors. The City will model effective drought response in its own water use and will provide the necessary information and tools to motivate a public response. However, it is ultimately in the hands of the City’s customers to execute. As appropriate, modifications and adjustments may be made to the measures described here to best address the circumstances and conditions of a given water shortage. Any restrictions defined under a specific drought stage will continue through higher stages unless more strict restrictions are identified. 6.1 NORMAL CONDITIONS:WATCH Under normal conditions, the City will implement normal monitoring activities. The City will actively implement the WEP programs and measures to manage the use of its finite water resource, minimize water waste, and encourage best practices. This is considered normal operation and does not require any formal action from City Council. Common Indicators: Local watershed characteristics including snowpack, precipitation, streamflow, temperature, and soil moisture indicate normal conditions. Normal to above-average snowpack conditions during winter months. Normal to above-average streamflow and projections starting late-spring through fall. Average to below-average temperatures during all months. No indication that local conditions will deteriorate in coming months. Common Response Measures: The City will work with the state Division of Water Resources as needed to place administrative calls for water under the Colorado water rights priority system to protect supplies. All terms defined under Municipal Code Section 25.28 “Wasting of water prohibited” are mandatory at all times. 50 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 19 6.2 STAGE 1:MODERATE Under Stage 1 conditions, the City will increase emphasis on basic water use reduction measures and wise water use practices implemented through public education and outreach. The City will promote rebates and support programs for low-flow water use fixtures, irrigation technology, irrigation assessments, etc. and will begin targeting high volume water users and lower-priority water uses. Mandatory restrictions and water bill surcharges will begin. Common Indicators: Local watershed characteristics including snowpack, precipitation, streamflow, temperature, and soil moisture indicate moderately dry conditions. Below-average snowpack conditions during winter months. Below-average streamflow and projections starting late-spring through fall. Above-average temperatures during all months. Other water providers in the Roaring Fork Basin are preparing to respond to dry conditions. Indication that local conditions will likely deteriorate in coming months. Indication that the Governor may activate the Colorado Drought Plan or has activated it in neighboring counties. Common Response Measures: Irrigation of existing lawns limited to 3 days/week. Customers may choose which days or the City may designate days, depending upon the shortage condition. Irrigation of existing flowers, vegetable gardens, shrubs and trees using overhead irrigation systems limited to 3 days/week; watering by hand, drip, or subsurface irrigation any day. Encourage HOAsand commercial customers to perform irrigation system audits on common areas and increase rebates to support. Encourage postponing new landscapes unless converting to xeriscape. Any allowed newseed/sod should have signage posted regarding establishment. Encourage customers not to operate any existing outdoor fountain, waterfall, or pond that is not used directly for irrigation. Public facilities will be directed to implement water use restrictions by administrative order, including: limiting irrigation of public parks and golf courses to an extent greater than the target reduction in overall water use; reducing street washing to minimum level necessary to comply with air quality standards and suspending fire hydrant flushing and testing except when required for completion and acceptance of a newly constructed water systems or to support public health and safety. Provide public education materials to increase awareness about water supply conditions, mandatory restrictions under Stage 1, and inform the public that worsening conditions may lead to more restrictive stages. Recommend hospitality and recreation-based establishments help communicate about water smart uses. Increases in water rates for tiers three (3) and four (4), shall be imposed as mandated by the City of Aspen City Manager up to the maximum rates defined in Municipal Code Section 25.28. 51 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 20 6.3 STAGE 2:SEVERE Under Stage 2 conditions, Aspen will work to keep trees, shrubs, vegetable and flower gardens, and lawns alive but limit outdoor water use and nonessential uses. Aspen will emphasize wise water use practices through public education and outreachand eliminate wasteful water useandtarget reduction of excessive water use. Surcharges and rate increases will be implemented to further support conservation and to provide revenue stabilization. The City will advance demand reductions in lower-priority water uses. The responsemeasures listed in this section assume that any restrictions required under Stage 1 will continue unless more strict response measures are specified under Stage 2. Common Indicators: Local watershed characteristics including snowpack, precipitation, streamflow, temperature, and soil moisture indicate severely dry conditions. Below-average snowpack conditions during winter months with projections indicating conditions will not improve. Below-average streamflow starting late-spring through fall with projections indicating conditions will not improve. Above-average temperatures during all months with projections indicating conditions will not improve. Other water providers in the Roaring Fork Basin are actively responding to water shortage conditions. Strong indication that local conditions will continue to deteriorate in coming months. Colorado Drought Plan activated for Pitkin County. Aspen treated demands projected to exceed available supplies without further demand reduction, unless decreed instream flows are depleted, especially in mid to late summer. Common Response Measures: Irrigation of existing lawns limited to 2 days/week based on customer address. The City may specify days of the week to certain customer classes (e.g. single family versus others) to help focus field monitoring and identify largerwater uses. Irrigation of existing flowers, vegetable gardens, shrubs and trees using overhead irrigation systems limited to 2 days/week; watering by hand, drip, or subsurface irrigation any day. There shall be no new public or private landscaping installations allowed with the exception of that required as a minimum for erosion control of disturbed surfaces as determined by the City. Watering of golf courses and parks shall be managed to achieve the target reduction in water use based on type of specified water and delivery mechanism. There shall be no filling or refilling of single-family residential swimming pools with water provided by the City. Operation of other swimming pools is permitted. There shall be no operation of existing outdoor fountains, waterfalls, or refilling of ponds. No new water features allowed. There shall be no noncommercial washing of privately-owned cars, other motor vehicles, trailers or boats, except from a bucket and except that a hose equipped with a positive shut-off nozzle may be used for a quick rinse. No new or expanded water connections shall be authorized; however, existing authorizations shall be honored, provided, however, that this shall not apply to emergency situations in which a well user’s indoor-use well has run dry. 52 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 21 Dust control and construction water allowed on a case-by-case basis. Except for fighting fire, there shall be no use of water from a fire hydrant or specially designated loading hydrant for human consumption or for use in connection with animals, street washing or construction water supply. Hydrant draft permits for any of the foregoinguses shall be suspended for the duration of the Stage 2 designation. Aspen will take the following actions: increase media briefings and coverage with specific messages; increase monitoring and send reminders to top 10% water users; establish a water waste hotline/web address; create a pledge program for community leaders (businesses) to take steps toward smart water usage and conservation within their organizations; ask to display drought messaging signs. Surcharges may be imposed. 6.4 STAGE 3:EXTREME Under Stage 3 conditions, Aspen will work to sustain mature trees to the extent possible but recognizes that there may be a major loss of lawns, gardens, some trees, and some shrubs. Most low-priority water use, including many of the outdoor water use and non-essential uses listed in Table 2 under Priority Numbers 4 through 7, will be eliminated. The City will operate an aggressive public education and outreach program and will eliminate wasteful water use and excessive water use. Surcharges and rate increases will be implemented to further encourage conservation and to support revenue stabilization. Under an extreme condition, the City may pursue supply-side response measures including operating its physically available senior water rights to divert water even though they deplete the decreed instream flow. This willoccur only when public health and safety is at risk. These responsemeasures are considered to be subsidiary and may have legal or water quality implications that will be further investigated. The response measures listed in this section assume that any restrictions required under Stage 1 and 2 will continue unless more strict response measures are specified under Stage 3. Common Indicators: Local watershed characteristics including snowpack, precipitation, streamflow, temperature, and soil moisture indicate prolonged, extremely dry conditions. Well below-average snowpack conditions during winter months with projections indicating conditions will deteriorate. Well below-average streamflow starting late-spring through fall with projections indicating conditions will deteriorate. Above-average temperatures during all months with projections indicating conditions will deteriorate. Other water providers in the Roaring Fork Basin and Colorado River Basin are actively responding to extreme water shortage conditions. Strong indication that local conditions will continue to deteriorate in coming months. Colorado Drought Plan activated for Pitkin County. Aspen treated demands projected to require diversion of senior rights that will reduce decreed instream flows, or, in a worst-case scenario, exceed available supplies under decreed municipal rights, especially in mid to late summer. Common Response Measures: Irrigation of existing lawns limited to 1 day/week based on customer address. 53 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 22 Irrigation of existing flowers, vegetable gardens, shrubs and trees limited to 1 days/week and watering only allowed by hand, drip, or subsurface irrigation. There shall be no new landscaping installation allowed. Athletic fields, trees, and golf course greens irrigated by mandatory schedule or water budget only. There shall be no daytime irrigation. This will influence both potable and raw supply reductions. There shall be no filling or refilling of swimming pools. There shall be no filling or refilling of water features. There shall be no car washing. There shall be no new or expanded water connections authorized; however, existing authorizations shall be honored provided, however, that this shall not apply to emergency situations in which a well user’s indoor-use well has run dry. There shall be no water used for dust control, except pursuant to authorization from the City or Pitkin County Environmental Health Department and only to the extent necessary to comply with air quality standards. Hydrants allowed for fighting fire only. Increase frequency of public outreach. Surcharges may be imposed. 6.5 EMERGENCY RESPONSE:EXCEPTIONAL Emergency conditions are highly unlikely but require prioritizing essential uses. Long-term loss of landscape should be expected and indoor uses may be restricted. The response measures listed in this section assume that any restrictions required under Stages 1 through 3 will continue unless more strict response measures are specified under the Emergency Response. Under an emergency response condition, the City may pursue supply-side response measures including operating its senior water rights to divert water, even though they deplete the decreed instream flow, and reducing diversion of the City’s raw water irrigation rights. This will occur only when public health and safety is at risk. Common Indicators: Local watershed characteristics including snowpack, precipitation, streamflow, temperature, and soil moisture indicate prolonged, exceptionally dry conditions. Significantly below-average snowpack conditions during winter months with projections indicating conditions will deteriorate. Significantly below-average streamflow starting late-spring through fall with projections indicating conditions will deteriorate. Significantly above-average temperatures during all monthswith projections indicating conditions will deteriorate. Other water providers in the Roaring Fork Basin and Colorado River Basin are actively responding to extreme water shortage conditions. Indication that prolonged, extremely poor local hydrologic and climatic conditions will continue. Drought indicators predicting exceptional drought levels statewide. Colorado Drought Plan activated for Pitkin County. 54 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 23 Common Response Measures: Irrigation of lawns or plant materialnotallowed, except trees and shrubs may be watered by hand no more than 1 day/week. Irrigation of golf courses and parks not allowed. This will influence both potable and raw supply reductions. There shall be no new or expanded water connections. There shall be no dust control or construction water. Hydrants allowed for fighting fire only. There shall be no irrigation of public facilities. Consider supply-side response measures including diversion of senior water rights that will deplete instream flows if necessary, to protect public health and safety. Surcharges may be imposed. 7. IMPLEMENTATION 7.1 WATER SHORTAGE DECLARATIONS The City’s Municipal Code provides authority for implementing and enforcing staged responses during a water shortage and requires City Council approval to declare and advance drought stages. Likewise, City Council approval is required to de-escalate drought stages and to rescind restrictions with the lifting of any drought status. As described in Section 25.28of the City Municipal Code, when the City Council passes a resolution declaring water shortage and stage, it will direct the City Managerto promulgate and enforce Rules and Regulations that define response measures to be implemented under the particular water shortage circumstances. The City Manager and supporting staff will utilize the DMRP framework for selecting the specific set of response measures to include in the Rules and Regulations. Aspen’s Utilities Department is primarily responsible for ongoing monitoring of drought indicators and for providing recommendations to City Council on drought stage declaration.The DRC will typically meet each February or March to review water supply and demand conditions and projections that are prepared by Utilities staff based on monitoring data. Upon anticipation of a water shortage declaration related to drought conditions, the DRC will increase its drought monitoring efforts and determine the frequency of meetings needed. Monitoring data along with professional judgment and historical experience will support staff recommendations for stage declaration and adjustments to the response program, which are ultimately presented to City Council for discussion and approval. Because certain water sources may be more or less impacted than other sources during a drought, drought response measures will be developed based on a review of the specific conditions. The DRC Communications representative will lead public drought communication efforts and will rely upon the DRC for recommended content and messaging strategies. Timing of drought stage declaration is very important for Aspen to allow ample time for staff to implement and engage the public in the staged response program. If a water shortage declaration does not occur with enough lead time for implementation and response effects to be achieved, decreed instream flows may be depleted and demands may exceed supplies, resulting in emergency situations. Public response lead time is a crucialconsideration, as many customers are not full-time residents and may not initially be engaged enough to quickly react to an early water shortage declaration. This also highlights the 55 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 24 importance of fostering anongoing and engaged efficiencyculture. Conversely, declaring a water shortage or advancing a drought stage prematurely can result in unnecessary restrictions, impacting community confidence as well as City revenue. 7.2 DROUGHT PUBLIC INFORMATION CAMPAIGN A primary discussion topic during the DRC meetings was the need for a more formal communications plan providing ongoing education, messaging, and customer support before, during, and after a drought. The City recognizesthat providing public information and maintaining its working relationship with customers are critical to the success of any water shortage response program. In order to encourage a positive response from customers, the City needs to communicate with customers about water supply conditions and the reasons for potential implementation of mandatory restrictions. Public response is more successful when customers are educated about local water supplies. Aprimary communications challenge with the City’s customer base is that while many of the full-time residents are engaged and informed on local conditions, the majority of customers served during peak periods are seasonal residents or visitors who are less informed about and engaged with local conditions. Examples of potential messaging challenges that were identified by the DRC and will be further addressed in its ongoing education campaign include: The Roaring Fork River flows provide a visual indicator of water supply conditions to the public. However, flows in the Roaring Fork River may or may not correlate to Aspen’s water supply conditions in the Castle Creek and Maroon Creek watersheds. Therefore, it is important for the City to continuously educate the public about where their water comes from and the conditions that pertain to Aspen’s water supply. Public/athletic fields and parks may be allowed watering exceptions during some water shortage conditions. This is fairly standard practice for municipal uses but necessitates communication with the public to message the policy. Some properties are supplied by raw waterfor irrigation. Colorado water law, the customers’ raw water contracts, and City policies may influence different water management criteria for these supplies during certain water shortage conditions. Therefore, it is important for the City to educate the public about how different types of water supplies may be affected under water shortage conditions. The DRC acknowledged that a consistent customer outreach and messaging program could help support future drought responses, an engaged efficiency culture, and other planning efforts. The public drought campaign will be closely coordinated and developed with the City’s current conservation and efficiency education programs and other planning efforts underway for the City’s Integrated Resource Plan development. The drought campaign will be adapted in each of the following phases: 1.Normal Conditions:Aspen’s outreach will focus on consistent messaging to support conservation and efficiency efforts and to communicate local conditions including “where our water comes from”, typical Roaring Fork Basin hydrology, general climate conditions, and how efficient water use helps reduce municipal streamflow diversions thereby leaving more water in the streams. Outreach will occur at regular intervals and will maintain consistency with other local areas including messaging provided by the Roaring Fork Conservancy. Information on local projects or programs will be integrated as appropriate. This messaging will be ongoing and will occur at all times outside of drought or water shortage conditions. 56 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 25 2.Active Drought Conditions: During this phase, Aspen will increase messaging frequency to communicate anticipated drought conditions and associated response measures. This will begin prior to initiation of a water shortage declaration, when monitoring data indicate potential drought conditions. Messaging will be focused on weather, other supply indicators, and the implementation of the staged drought program. As drought stages are advanced, messaging will focus on mandatory water restrictions, the City’s responses, and progressing conditions. This messaging will continue through the duration of the drought. 3.Post-Drought Reflection: this phase will occur after all drought restrictions and declarations have been liftedor restrictions have been stages have been reduced. Aspen will provide a look-back at the drought impacts and response measures. Aspen may request targeted feedback on impacts from residents and local businesses at this time to evaluate the effectiveness of program implementation and outreach strategies. This information will be used to prepare for and ideally mitigate impacts from future droughts and, as warranted, make updates to this plan and the Municipal Code. 7.3 ENFORCEMENT The City’s Municipal Code provides the Utilities Department, in concurrence with the City Manager, the authority to enforce the response measures described in the Rules and Regulations governing the water shortage declaration. Education and outreach are utilized to promote efficient water use and inform customers about expectations in all drought stages. Warnings, citations, fines, and, in the most extreme cases, installation of flow restrictors inhibiting water use or terminating service altogether are common drought response program enforcement mechanisms. Municipal Code Section 25.08.040provides the City Manager, Superintendent, or other designated official authority to inspect any premises where water from the City is used to determine if water is being wasted. The City can issue fines for violations and disconnect water service for repeat violations. Upon first violation, the owner or occupant will be issued a written warning. Upon further violations within the water shortage declaration period at the same premises, the owner or occupant will be advised in writing and a penalty charge will be added to the water bill in accordance with Section 25.28 of the Municipal Code. The Director of Utilities and Utilities staff will be responsible for administering the enforcement of the staged drought response program and ensuring that the messaging associated with the enforcement are appropriate and reflective of the drought program. Utilities will need to work with the Finance Department to issue fines through water billingsand to record and manage citations and associated fines. The City may consider hiring seasonal monitors to patrol and report excess or wasteful water use during periods of drought. It is anticipated that the City will also utilize its advanced metering infrastructure in the future to evaluate customers’ water use during water shortage declarations. 7.4 REVENUE IMPLICATIONS AND FINANCIAL BUDGETING PLAN A reduction in water use due to drought restrictions will result in reduced water sales and revenue. The City’s Municipal Code Section 25.28 defines billing surcharges through drought stages. Surcharges are intended to offset revenue reductions during a water shortage, at least in-part. The City Manager determines the necessary rate changesand Utilities staff will work with the Billing Department to monitor water use and revenue, making recommendations to City Council to adjust surcharges as needed to offset revenue loss impacts. Additional costs associated with the implementation of the staged drought 57 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 26 response program including the public drought campaign and enforcement may also have revenue implications. At the onset of a water shortage declaration, Utilities and Finance staff will develop a cost estimate associated with the implementation and enforcement of the drought response program under the given circumstances. Internal funding will be identified, and any additional funding needs will be pursued through available drought-related loans, grants, etc. 7.5 MONITORING OF PLAN EFFECTIVENESS The City plans to monitor the effectiveness of this plan through ongoing and post-drought evaluations. Ongoing monitoring will be conducted in conjunction with the City’s active review of water efficiency activities. An annual DRC meeting will be held in February or March to reflect on prior year observations and activities, review current monitoring data, and discuss anticipated watershed conditions and characteristics for the coming irrigation season. Depending on anticipated conditions, the DRC will either plan for increased monthly meetings in preparation for potential water shortage declaration or will focus discussions solely on ongoing planningefforts and review. The following monitoring data will be collected and presented at this DRC meeting by the appropriate committee members: Water demands Drought indicator data Lessons learned or recommended modifications to the program Drought mitigation measures, specifically water efficiency efforts and programs Public outreach and information campaign status This monitoring supports an assessment of the staged drought response program’s effectiveness and allows the City to adjust mitigation and response programs as appropriate. It also facilitates recommendations for plan updates and improvements. 7.6 PLAN APPROVAL Aspen’s DMRP was approved and adopted by City Council on XXX, 2020 by Resolution XXX. 7.7 FUTURE UPDATES This plan may be updated to reflect modified operational conditions or as new water supplies and operational management componentssuch asstorage, potable-use wells, and non-potable reuse become available. The City is in the process of developing an IRP which will evaluate the City’s supply status and future municipal demands. This plan willbe reviewed and revised as necessary based on findings from the IRP efforts. This plan may also be updated as needed based on plan monitoring and lessons learned as the City implements the staged drought response plan as described herein. 58 CITY OF ASPEN DROUGHT MITIGATION AND RESPONSE PLAN JULY 10, 2020 ELEMENT Water Consulting PAGE 27 8. REFERENCES Aspen Water Production: City of Aspen Drought Dashboard, Treated Water Production Website. https://www.cityofaspen.com/1165/Drought-Dashboard. CDSS Precipitation and Temperature: CWCB/DWR Climate Data Website. https://www.colorado.gov/cdss/climate-data. Colorado Drought Story Map: Colorado Drought Plan –Visualization Story Map Website. Prepared for the Colorado Water Conservation Board by Lynker Technologies. https://lynker.maps.arcgis.com/apps/MapSeries/index.html?appid=8b8a995c2574439cbef10088a08d12 ae. Conditions Map: NOAA Colorado Basin River Forecast Center Website. https://www.cbrfc.noaa.gov/ CWCB 2018: Colorado Drought Mitigation and Response Plan. Prepared for Colorado Water Conservation Board by Wood Environment & Infrastructure Solutions Inc in Coordination with the Drought Mitigation and Response Planning Committee and the National Drought Mitigation Center. August 2018. CWCB Drought Guidance Document: Municipal Drought Management Plan Guidance Document. Prepared for Colorado Water Conservation Board by AMEC Earth & Environmental. August 2010. CWCB Drought Sample Plan: Sample of a Municipal Drought Management Plan. Prepared for Colorado Water Conservation Board by AMEC Earth & Environmental. June 2011. CWCB WATF: DNR CWCB Water Availability & Flood Task Forces Website. https://cwcb.colorado.gov/water-availability-flood-task-forces. NRCS Interactive SNOTEL: NRCS Colorado Site Interactive SNOTEL Charts Website. https://www.nrcs.usda.gov/wps/portal/nrcs/detail/co/snow/products/?cid=nrcseprd1433035. NRCS SNOTEL Watershed: NRCS SNOTEL Watershed Time Series Snowpack Graphs Website. https://www.nrcs.usda.gov/wps/portal/nrcs/detail/co/snow/products/?cid=nrcs144p2_063323. Title 25: City of Aspen Municipal Code, Title 25 – Utilities. Last updated in January 2020. United States Drought Monitor: United States Drought Monitor Map Website. https://droughtmonitor.unl.edu/CurrentMap.aspx. USGS Streamflow: USGS National Water Information System Site Inventory for Colorado Website. https://waterdata.usgs.gov/co/nwis/inventory. WEP 2015: City of Aspen Municipal Water Efficiency Plan. Prepared for the City of Aspen by ELEMENT Water Consulting Inc. and WaterDM. October 2015. 59 M E M O R A N D U M TO:Mayor and City Council THRU:John D. Krueger, Director of Transportation FROM:David Pesnichak, Regional Transportation Administrator DATE OF MEMO: July 17, 2020 MEETING DATE: July 28, 2020 RE:EOTC Updated 2020 Comprehensive Valley Transportation Plan (CVTP) _______________________________________________________________________________ REQUEST OF COUNCIL: Attached for your review and approval is a resolution #64 for the adoption of the updated 2020 EOTC Comprehensive Valley Transportation Plan (CVTP). PREVIOUS COUNCIL ACTION: City Council participated and provided into at the EOTC retreat in August 2019. At the October 2019 EOTC meeting, the Committee approved the 2020 Work Plan that included the update of an EOTC Comprehensive Valley Transportation Plan based on the adopted EOTC Strategic Plan and input received at the August retreat. Council reviewed and unanimously voted to approve the updated EOTC Comprehensive Valley Transportation Plan, attached, at the July 16, 2020 EOTC meeting. BACKGROUND: The City of Aspen as a member of the EOTC is asked to approve the updated CVTP by resolution. At the EOTC meeting on July 16, 2020, the EOTC voted unanimously to adopt the updated CVTP. Each other member jurisdiction of the EOTC is also asked to approve the CVTP by resolution before the Plan can be considered adopted. DISCUSSION: The EOTC first adopted the CVTP in 1993 and the Plan had not been updated since. The EOTC reviewed, provided comment, and unanimously voted to adopt the updated CVTP at the July 16, 2020 EOTC meeting. The CVTP identifies the policy level priorities for expenditures of time and money by the EOTC and staff. FINANCIAL/BUDGET IMPLICATIONS: There are no financial/budget implications to the Cityof Aspen. ENVIRONMENTAL IMPACTS: By encouraging mass transit and working to manage or reduce the number of vehicles on the road system, the EOTC is having positive impacts on the environment. 60 RECCOMENDED ACTION: Staff recommends that Council approve the attached resolution to adopt the updated 2020 EOTC Comprehensive Valley Transportation Plan. ALTERNATIVES: Council can decide not to adoptthe 2020updated EOTC Comprehensive Valley Transportation Plan. Not adopting the 2020 Strategic Plan would require it to go back to the EOTC for reconsideration at the next availableEOTC meeting. PROPOSED MOTION: “I move to approve Resolution #64 to adopt the updated 2020 EOTC Comprehensive Valley Transportation Plan.” CITY MANAGER COMMENTS: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ ____________________________________________________________________ ATTACHMENTS: Resolution #64 Approving the updated 2020 Comprehensive Valley Transportation Plan 61 RESOLUTION NO. 64 SERIES OF 2020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE UPDATED 2020 EOTC COMPREHENSIVE VALLEY TRANSPORTATION PLAN (CVTP) WHEREAS, the Town Council of Snowmass Village, the Aspen City Council and the Pitkin County Board of County Commissioners (the "Parties") make up the Elected Officials Transit Committee (“EOTC”) which directs funding from the Pitkin County one-half cent transit sales and use tax; and WHEREAS, by intergovernmental agreement dated September 14, 1993, the Parties agreed: a. To conduct regular public meetings as the EOTC to continue to refine and agree upon proposed projects and transportation elements consistent with or complimentary to the Comprehensive Valley Transportation Plan (“Plan”) and that said Plan shall be updated from time to time; and b. That all expenditures and projects to be funded from the County-wide one-half cent transit sales and use tax shall be agreed upon by the Parties and evidenced by a resolution adopted by the governing body of each party; and c. Set forth procedural steps to be taken by the parties to implement the Plan; and d. Set forth the parties’ mutual understanding for a specific process for funding the Plan and other mass transportation elements. WHEREAS, at the EOTC meeting held on July 16, 2020, the Parties considered and approved the attached updated 2020 EOTC Plan. NOW THEREFORE BE IT RESOLVED by the CityCouncil of the City of Aspen, Colorado, that the attached updated 2020 EOTC Comprehensive Valley Transportation Plan is hereby adopted. RESOLVED, APPROVED, AND ADOPTED this 28th day of July 2020, by the City Council for the City of Aspen, Colorado. _________________________ Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk, do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held July 28, 2020. _________________________ Nicole Henning, City Clerk 62 El Jebel P&R Basalt P&R Brush Creek P&R Buttermilk P&R Carbondale P&R Carbondale Basalt Snowmass Village El Jebel Airport Aspe n West Glenwood P&R Glenwood Springs South Glenwood P&R Highlands Pitkin County GIS 6/16/2020 Rio Grande Trail Comprehensive Valley Transportation Plan Adopted July 2020 Upper Valley Priorities •Bike and Pedestrian Connections to Transit Stops and Brush Creek Park and Ride •Airport / AABC Multi-Modal Transit Hub and Transit Circulation Enhancements •Multi-Modal Solution to Entrance to Aspen •Snowmass Village to Brush Creek Park and Ride Service Commensurate with Highway 82 Corridor Transit Service •Electrification of Transit System Regional Priorities •Park and Ride Lot Improvements •First and Last Mile Solutions •Transit Speed, Accessibility, Reliability and Efficiency Enhancements •Congestion Reduction Measures •Technologies and Innovation to Encourage Mode Shift Glenwood Springs to Aspen and Snowmass: Future Dedicated Transit System along Denver Rio Grande ROW and / or Highway 82 Corridor Airport to Aspen: 2-Lane Highway with 2- Lane Dedicated Transit Way Basalt to Airport: 2-Lane Highway with 2-Lanes Restricted to HOV at Peak Hours Glenwood Springs to Basalt: 4-Lane Unrestricted Highway with Transit Queue Jumps and Signal Prioritization Brush Creek Road: Rural Road with Transit Service Owl Creek Road: Rural Road Maroon Creek Road to Highlands: Rural Road with Transit Service Aspen to Independence Pass: Rural Highway The Comprehensive Valley Transportation Plan (“CVTP”) identifies the mass transportation policies adopted by the Elected Officials Transportation Committee (“EOTC”). The first CVTP was adopted in 1993 as a part of the Intergovernmental Agreement founding the EOTC. The CVTP is intended to guide expenditures of the Pitkin County-wide ½ cent transit sales and use tax. While revenues from this ½ cent transit sales and use tax are collected within Pitkin County only, expenditures are restricted to the Roaring Fork Valley as further geographically defined in this CVTP. This CVTP is to be be updated periodically, as necessary. 63 MEMORANDUM TO:Mayor and City Council FROM: Nicole Henning, City Clerk DATE OF MEMO:July 22, 2020 MEETING DATE:July 28, 2020 RE:Board Appointments By adopting the Consent Calendar, Council is making the following Board Appointments: Planning & Zoning Commission –One Regular member Kimbo Brown-Schirato Next Generation Advisory Commission – One Regular member Benjamin Diggles Wheeler Opera House Board of Directors –Two Regular Members Nina Gabianelli Ziska Childs Commercial Core and Lodging Commission –Regular Member Kiki Raj Open Space and Trails Board – One Regular Member Charlie Eckart Board of Adjustment –One Alternate Members Jag Pagnucco Historic Preservation Commission Jeffery Halferty 64 1 REGULAR MEETING ASPEN CITY COUNCIL JUNE 23, 2020 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilmembers Richards, Mesirow, Mullins and Hauenstein joining via video conference. CITIZEN COMMENTS: Lee Mulcahy – Mr. Mulcahy said he is sorry for Torre’s loss. He asked if staff has any influence on who is put on a board and Mayor Torre said no and neither does Jim True. Mr. Mulcahy asked if Jim has a problem with him being on the board and Mayor Torre told him that was an inappropriate question. Mr. Mulcahy said he saw Howie Mallory in the park, and he gave him his recommendation for the Open Space board. Mr. Mulcahy stated that he and Sara are not the best friends and said we live in a police state. COUNCIL COMMENTS: Councilwoman Mullins said welcome back to Torre. She said the meeting last night was great and there were so many applicants who were highly qualified with great ideas. Her plug is to take a look at the other openings. One of the applicants for the Wheeler board had a lot of interesting ideas. Moving on, she said we had three serious auto accidents this past year and wants to discuss pedestrian safety downtown, but she does think it’s appropriate to schedule a conversation. Maybe discuss it later this summer. Councilman Hauenstein mentioned cross county tracking. He spoke about the people who tested positive at city market and said we could have prepared better. He appreciates all the county is doing, but there could be better cross county tracking. At this juncture, it’s a fail point for him. It’s important to keep the economy up and running. Councilman Hauenstein asked if community members can also receive a link to our meetings to make public comment. He said he is excited about the possibility of meeting in council chambers. He would also like an update on the street team regarding a job description, where we are at, etc. City Manager, Sara Ott, said the public health departments from all three counties meet twice a week. She asked Ward to have an offline discussion to explain his point of failure. She also wants to share how the meetings are advertised. She said that every agenda includes a phone number and email for public access needs. If they want to provide public comment, we will set them up with a link, etc. We manage it this way due to the amount of people. She said, regarding the street team concept, please don’t use the term “street team”. We are hiring two compliance support specialists who are here to support businesses and doing additional work on public lands. ACRA is hiring additional guest service employees. Those processes are all currently underway. Councilwoman Mullins said she is still stressing education rather than enforcement. Councilwoman Richards said she is excited for the compliance officers. She said they should take note of having to visit the same place twice, etc. Don’t just educate and turn a blind eye. She has heard from people about hiking and that people aren’t wearing masks. Park rangers or people at trailheads, should be telling people to wear masks. She feels we should run a block of ads making visitors and tourists aware that they must wear masks too. Councilman Mesirow said the totality of what we are doing right now isn’t working. We are looking at a spike in numbers and new cases. We’re not getting it done, tactically, or from a communication 65 2 REGULAR MEETING ASPEN CITY COUNCIL JUNE 23, 2020 standpoint, to help the community understand. We need to do more. We need to be unified in an education first approach, but he understands this takes time. Mayor Torre said he also supports greater enforcement. We need to write warning tickets with second offenders being identified. It’s not so easy and hopes we are still supplying masks and moving in the right direction. Trail usage has escalated greatly in past 5 years. He said he wanted to mention that his father passed away last week; Ronald Wayne Maranian. The Armenian comedian. He lived here in Aspen and used to perform at Jake’s Abbey. Aspen has had a long history of entertainment and I mention him because Aspen has lost another Aspen advocate in the world. He had a lot of memorabilia from Aspen and Mayor Torre has donated some to the historical society in remembrance. He thanked everyone for their love and support. It’s our responsibility for each of us to get us through the next phase. If you are a business, an employee, a local, a visitor; we all have a responsibility. CITY MANAGER COMMENTS: Ms. Ott said she has ordered these signs that they willstart putting up in the core regarding mask wearing and keeping Aspen safe. A new campaign is launching about keeping Aspen safe to keep Aspen open. The updated poster has the 5 commitments of containment with a new phone number to reach out for concerns, compliance, and general questions. There are yard signs as well and we are currently looking at signage for the roundabout and brush creek park n ride. She mentioned going back to normal on parking prices for the core on July 6 th and RFTA is also increasing capacity on buses. She said they are looking at some other venues as potential places to hold in person meetings since city hall is not going to be opened anytime soon. She asked council if they want her to work on council rules and agreements to be reviewed and would appreciate some direction on that. Councilman Hauenstein gave a thumbs up. Councilwoman Richards said she’s not opposed but knows that Sara has a lot on her plate. BOARD REPORTS: Mayor Torre has ACRA this next Tuesday and Board of Health this Thursday. Councilwoman Mullins talked about a new consumer and employee protection program and moving from response to recovery from the Board of Health meeting. Tomorrow she has the RFTA audit committee and will be reviewing financials. Thursday is a CML business meeting. Councilman Hauenstein said the Nordic Council met and discussed planting trees to shade some areas with bare spots and water for snowmaking. Councilwoman Richards said she had Club 20 and that it’s valuable to have two congressional reps for water needs on the west slope. Mayor Torre said this deserves a longer conversation sometime. CONSENT CALENDAR: Councilwoman Richards motioned to approve as presented, Councilman Hauenstein seconded. Councilwoman Richards congratulated Seth Sachson on running the animal shelter. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. All in favor, motion carried. Ordinance #09, Series of 2020 – Water Efficient Landscapes 66 3 REGULAR MEETING ASPEN CITY COUNCIL JUNE 23, 2020 Councilman Hauensteinmotioned to read, Councilwoman Richards seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. All in favor, motion carried. City Clerk, Nicole Henning, read the ordinance. Tyler Christoff said they want to share a continuation of what we presented at the May work session. These are updates to the current water landscape ordinance. There will be no changes based on council input and exactly what you saw at that time. Councilwoman Mullins asked how many gallons of water have been saved. Lee Ledesma said with building permits that triggered compliance, 6 1/2 million gallons per year. Councilman Hauensteinadded that there is a new state law stating that everyone can have two 55 drums for rain collection for onsite irrigation. Ms. Ledesma said that is correct and they get credit on the water budget to have those in place and it enhances their water budget for the parcel. She is not sure if there is any program in place to provide barrels at this time. Councilwoman Mullins motioned to approve; Councilwoman Richards seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. All in favor, motion carried. Public Hearing: Continuation of Ordinance #02, Series of 2020 949 W. Smuggler Lot Split Phillip Supino said they are requesting another continuation to maintain public notice which was initially created to allow everyone to reach a resolution at second reading. He is very optimistic continuing this to July 14th. Councilman Hauenstein moved to continue. Mayor Torre opened the public hearing. Mayor Torre closed the public hearing. Councilman Mesirow seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. All in favor, motion carried. Action Item: Resolution #052 – Land Use Code Regulations Ben Anderson said the purpose of this resolution is to request some direction from council related to recovery efforts in response to COVID 19. We’d like some direction for Community Development of land use code provisions in dealing with tents, decks, signage, lighting that are coming to the department regarding outdoor right of way dining. This doesn’t waive the complaint process and it does not waive health, safety, life requirements. But as an example, most members of council have been present for complaints, etc. This is a temporary situation, but it is necessary, so we are not ignoring regulations. Ms. Ott mentioned getting rid of jersey barriers because they aren’t attractive, and they are looking at other options for planters to be built. 67 4 REGULAR MEETING ASPEN CITY COUNCIL JUNE 23, 2020 Councilwoman Richards said this is more of a Pete Rice issue instead of a com dev issue. She’s wondering if this will come back as a request for us to fund some of this stuff for night lighting and barriers. Councilman Mesirow said this reflects our direction and moving into the streets, he feels really good about. The relaxing to meet this moment, is what’s required, but we can also engage in some messy vitality. Mayor Torre said he supports giving some flexibility during this time. Councilwoman Richards motioned to approve Resolution #052, Councilman Mesirow seconded. Mayor Torre said we all need to remember that this is all temporary and take a deep breath and accept this summer is different in look and feel. There are concerns over parking and right of way uses. This community needs to work together and take a deep breathe to continue to be Aspen. Mitch and Nicole have been going around working so hard keeping an ear on the streets. We will have longer conversations moving forward and this will be a learning journey. Councilman Mesirow thanked everyone said this creates a clear direction and latitude. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. Councilwoman Richards motioned to adjourn, Councilman Hauenstein seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. ______________________ Nicole Henning, City Clerk 68 1 SPECIAL MEETING ASPEN CITY COUNCIL JULY 13, 2020 At 4:00 PM Mayor Torre called the special meeting to order with Councilmember Ward Hauenstein, Councilmember Skippy Mesirow, Councilmember Ann Mullins, Councilmember Rachael Richards via video conference Elected Officials Transportations Committee (EOTC) 2020 Strategic Plan John Krueger, Director of Transportation, stated that they are seeking a final review and approval of the Elected Officials Transportations Committee (EOTC) 2020 Strategic Plan. Mr. Krueger introduced David Pesnichak Reginal Transportation Administrator. Mr. Pesnichak stated that the regional EOTC meeting will be held on July 16th in the Snowmass Town Hall. He asked The Council who would be attending, and Mayor Torre, Councilwoman Mullins, Councilwoman Richards, and Councilmen Mesirow stated they will be attending via web. Councilmember Hauenstein stated he is unable to attend. Mr. Pesnichak asked if the council had any issues with the decisions reached at the April 30th, 2020 EOTC meeting. Council indicated that there were no issues. Mr. Pesnichak stated that he met with The Town of Snowmass and Pitkin County Board of Commissioners and that both boards passed the strategic plan unanimously. Mr. Pesnichak reviewed the EOTC Strategic plan and focusing on a few key points. He said that the plan is a high-level guiding document to serve as a decision-making and governance tool. Mr. Pesnichak stated that the EOTC plan is based on two models; first being the 2019 RFTA strategic plan and the second one is the 2017 Denver Mobility Action Plan. He said that the EOTC plan is supposed to be a living document in response to the ever-changing landscape. Mr. Pesnichak outlined the grammatical edits and updates to the strategic plan from the March meeting. Mr. Pesnichak reminded the Council that both The Town of Snowmass and Pitkin County boards passed the strategic plan unanimously and that since the council was in a special meeting, The City of Aspen could move this plan forward. Councilwoman Richards stated that she is comfortable with the plan. Councilman Hauenstein stated that he approves of the strategic plan and how it was presented. Councilwoman Mullins thanked the committee for taking all their comments and putting together a clear plan. She said that she is supportive of the plan. Councilman Mesirow gave a thumbs up to the plan and thanked the group for incorporating their input. He further stated that the plan has his support. Mayor Torre asked City Attorney Jim True if the resolution was ready for adoption. Mr. True stated that the resolution is appropriate and ready for adoption. Mayor Torre asked if Mr. Pesnichak had anything to say about the Comprehensive Valley Transportation Plan (CVTP). Mr. Pesnichak stated that the CVTP builds off the EOTC plan and identifies policy priorities. He further explained that the 1993 CVTP has been updated and was submitted to the council to showcase completed projects, new projects, and priorities. 69 2 SPECIAL MEETING ASPEN CITY COUNCIL JULY 13, 2020 Councilwoman Mullins thanked Mr. Pesnichak for the updated CVTP and stated it’s not easy to fit all this information on one page. Councilwoman Richards stated that she is very thankful for this presentation. She asked how they are tracking the accomplishments that have been taken off the map so future councils will know what has been done. Mayor Torre commended the work Mr. Pesnichak put into the packet and presentation. Councilman Hauenstein moved to approve Resolution #047-2020, Councilwoman Mullins seconded. Roll call vote: Councilmember Hauenstein, yes; Councilmember Mesirow, yes; Councilmember Mullins, yes; Councilmember Richards, yes; Mayor Torre, yes. 5-0, motion carried. Councilwoman Mullins motioned to adjourn, Councilmember Hauenstein seconded Roll call vote: Councilmember Hauenstein, yes; Councilmember Mesirow, yes; Councilmember Mullins, yes; Councilmember Richards, yes; Mayor Torre, yes. 5-0, motion carried. ______________________ Wes Graham, Deputy City Clerk 70 1 REGULAR MEETING ASPEN CITY COUNCIL JULY 14, 2020 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilmembers Richards, Mesirow, Mullins and Hauenstein joining via video conference. PUBLIC COMMENT: Mark Friedberg – Mr. Friedberg said all of us are very aware of what’s going on with COVID. His concern is he doesn’t believe we are acting concerned enough here in Aspen. We need to ask that people are wearing masks in the core at all times. There are not a lot of people respecting the mask law. People are driving in much more than ever before and we will have a problem that can’t be solved domestically. He wants council to think about being more aggressive. He has never had this scenario before. Shawn Cox – Ms. Cox said she is speaking on behalf of Lee Mulcahy’s case. She said to deprive someone of their house and home without allowing him time to defend is not justice. Read a letter regarding the case. Lee Mulcahy – Mr. Mulcahy said he is grateful for many things. He spoke about his case with APCHA. COUNCIL COMMENTS: Councilman Hauenstein said that aerosols are staying in the air and said he has asked Karen Koehnman about the ability to impose a mask required zone for the core. This is totally as public health issue, not authoritarian. We’ve seen a spike. Councilman Mesirow said that face coverings are just one important piece and wants to remind everyone that there are 5 commitments. Councilwoman Mullins said she is supportive of Ward and requiring masks in the core period. She thinks we should move ahead with this. She also has some giant yard signs around too and if anyone needs one, she has some. She brought up the buskers in Basalt and said a performer has to be 25 feet from the audience in an outdoor space. Maybe Aspen can consider more of this for the mall during these COVID times. She explained to Councilman Mesirow what busking is, mimes, comedians, singers, etc. Councilwoman Richards said she supports masks in the core but questions whether people visiting realize what we mean by the core. She would like council to write a letter to Governor Polis requesting a statewide mask order. Councilwoman Mullins said she is supportive. Councilman Mesirow said he would like to have more information and Councilman Hauenstein said he is supportive of the idea. Mayor Torre said he loves the yard signs and asked if they have more. Ms. Ott said we can get more produced and there are a few more around. She said that CDOT controls what can be placed in the right of way and we are working with them to place along the highway and in places which Torre mentioned and we are continuing to try and work with them on placement of more messaging. Ms. Ott said they are partnering with the US Forest service for signs to be in the Maroon Bells area since it’s a heavy traffic area as well. Addressing Councilwoman Mullins question about busking, there are a couple big differences. The Basalt market is in Eagle county and they have a gathering size of 150, which is larger than Pitkin county. An introduction of live music to the Saturday market, would turn this into a special event and there are drawbacks of adding this aspect. It would be much more limiting, and currently, we don’t have to count the vendors in the group size head count. We can explore this further with Pitkin county, but we don’t want to encourage this activity in the core. She said it’s valuable to look at what we 71 2 REGULAR MEETING ASPEN CITY COUNCIL JULY 14, 2020 can add back for the locals when it’s more of a down time for us and bring back a few things at that point. She said she has a draft of a letter to Governor Polis that she can circulate for council to read regarding timing and distance and a lot of exceptions. We can go over how strong you want to be in the language. If council wants to have a conversation, we will draft a public health order and provide some guidance on what the zone would look like and some enforcement action to consider all three parts. We could get this out early for public input and look at the calendar for next Monday or Tuesday. Mayor Torre said that mask mandates aren’t our favorite thing. This comes down to each one of us for containment and requires cooperation. A vast majority of businesses are working hard, but customers aren’t working as hard. Family and friend gatherings have some of the highest submission rates. Let’s keep our group sizes smaller. We are on the edge of continuing a successful summer, so let’s keep up with our vigilance. AGENDA AMENDMENTS: Mayor Torre mentioned that we added a resolution for the water shortage to action items. CITY MANAGER COMMENTS: Ms. Ott said there is a Lift 1 update in the info only packet. The project is moving forward, and we are confident we have a good plan moving forward. We are reminding council of the stage 1 fire restrictions. Be careful especially with evening winds, as we don’t want to add wildfire to everything else. Regarding COVID in the Roaring Fork Valley, there has been an uptick in cases in Pitkin county, Eagle and Garfield counties. In Pitkin, there are four new cases a day, and Garfield is at 15 a day. This includes how the state looks at data of counties. Over the last two weeks, we are all experiencing a case rate that is too high. This goes back to personal accountability. The testing is still available to those that are symptomatic. Some labs are taking too long for the box it in strategy, and this is important, with the delay, we need to have people comply with the orders and that has been challenging. There are 24 individuals who have received isolation orders as of today and there are 60 people with quarantine orders. We need people to comply with these orders. Ms. Ott said we may have to look at stronger social distancing. There are conversations happening that are in early stages and need to be developed so we all have clarity. This Thursday is a public health community meeting and the focus will be contact tracing and isolating in terms of the box it in strategy. The county will also make this a valley wide conversation to discuss interrelationship from 2:00-3:00 pm. BOARD REPORTS: Councilwoman Mullins said she had a RFTA meeting last week and they are continuing phase 5 and making additional modifications to increase ridership and service. This is very data driven. She is going to the CORE meeting next Thursday. Councilman Hauenstein said that Ann chaired the RFTA meeting and did a wonderful job. Mayor Torre said the next Board of Health meeting will be two Tuesdays from now. Councilman Hauenstein said there is a CCLC meeting this Wednesday. 72 3 REGULAR MEETING ASPEN CITY COUNCIL JULY 14, 2020 CONSENT CALENDAR: Councilwoman Richards motioned to pass the consent calendar in its entirety, Councilwoman Mullins seconded. Mayor Torre said he appreciates Sara following up on the Eagle county piece of this. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. ORDINANCE #09, SERIES OF 2020 – Water Efficient Landscape Ordinance Tyler Christoff summarized the ordinance. No changes were made to this from the first reading. Councilwoman Mullins thanked staff for their hard work on this. Mayor Torre opened the public hearing. Mayor Torre closed the public hearing. Councilwoman Mullins motioned to pass Ordinance #09, Series of 2020, Councilwoman Richards seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes, Richards, yes; Torre, yes. ORDINANCE #02, SERIES OF 2020 – 949 W. Smuggler St. Lot Split Phillip Supino ran through the highlights and said this was a COVID casualty due to it being continued so many times. The requirements for a lot split are given in exhibit A in the packet. Staff is recommending approval of Ordinance #02. Applicant Presentation: Chris Bendon of Bendon Adams Mr. Bendon showed the parcels on screen and gave a summary of what they are asking for. He mentioned a “fathering parcel” in two of the sections as if it is one of the existing lots, so we’d like to have those references stricken. There was an earlier conversation regarding easements and there was a concern by staff that the right of way would be interpreted as a subdivision creating lots on either side. He said it should be only treated as one lot. Mr. Supino said staff has no issue with striking “fathering parcel” in sections 1 and 11. Councilwoman Mullins verified that after two months, they will come up with a building envelope. Mr. Bendon said the proposed envelope is part of the ordinance that they would be adopting. Mr. Supino said changing the title of the lot splits is fine with staff and the second parcel ID is to remain. He said the connecting line across Power Plant Rd. being added to the plat is ok with staff and has no objection especially since section 8 clarifies this. He said the language in section 10, regarding the sheds, would allow the ongoing presence of those sheds in their current location. Jim True said we do anticipate an easement agreement and we will agree to that the city has made some proposed changes and are acceptable and those will be recorded. Jody Edwards confirmed that the changes which were made are acceptable to the applicant. 73 4 REGULAR MEETING ASPEN CITY COUNCIL JULY 14, 2020 Councilman Hauenstein asked if the shed behind the home is habitable. Geoff Hill said the shed was built as a children’s playhouse with a couple of bunkbeds. It’s been there for over 50 years. Craig Vandermoor said it was a chicken coop converted to a children’s playhouse and no one is living in it. There is no running water. Mayor Torre opened the public hearing. Mayor Torre closed the public hearing. Councilwoman Mullins motioned to approve the ordinance with amendments agreed upon, Councilwoman Richards seconded. Mr. Supino clarified the amendments to the motion are as follows: The title of the lot split as well as changing references to Vandermoor Hill lot split, lot 2 is changed to lot 1 in section 8 and the references to “fathering parcel” are removed from sections 1 and 11. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. All in favor, motion carried. Mayor Torre pointed out that this property is tucked over on Power Plant Road and isn’t as used as other thoroughfares, but this parcel is something that everyone has a real keen visual on and has enjoyed the character of for many years. He appreciates the family coming and wished them the best in the future. ISIS Operations and Financing – Pete Strecker and Susan Wrubel, executive director for the ISIS Mr. Strecker said this is regarding a new operational agreement for the theatre that they would like to have with a vendor. The terms of the new agreement include payment to Aspen Film for 15% of all ticket sales as well as all concession profits. This agreement would take effect immediately and go through January 2021. Aspen Film is leasing from the city and paying monthly. The new lease structure would generate less revenue. There is a request from the vendor to have forgiveness for April rent. There is debt service currently on the building and guaranteed by the city. There is a 2-million-dollar outstanding debt currently. There are a couple of options included in the packet, which include refinancing the debt service and allowing a potential sublet of the space and this allows Aspen Film to find a potential buyer. Councilwoman Richards likes the refinancing with Aspen Film idea. It’s a huge community asset and she can’t see selling off part of that space. She feels this is a huge asset to families and kids. Councilwoman Mullins likes a compromise of refinancing and selling. Councilman Mesirow’s thoughts are similar to Ann and Rachel’s. Refinancing is the smartest and simplest answer. Ms. Wrubel said this was in the works before COVID hit because theatres all over were having trouble as it was. Councilwoman Richards said she is in favor of extending the lease with Metropolitan to Aspen Film. Councilman Mesirow seconded and is in complete agreement. 74 5 REGULAR MEETING ASPEN CITY COUNCIL JULY 14, 2020 Mr. True said we can set the facilities board at any time and this does not need to be noticed in the council agenda. Mayor Torre said council is unified in its support and direction. Resolution #061, Series of 2020 - Stage One Water Shortage – Tyler Christoff Mr. Christoff said we are here to expedite the Stage One Water Shortage declaration presented at last night’s special meeting. He said this has been used three times, not two times as stated in the previous night’s memo. Councilwoman Richards asked how they will get the message out after tonight’s meeting. Mr. Christoff said that based on council’s message last night, we will get out some graphics out tomorrow on social media and local media sources. We’ve approved a whole suite of media. Councilwoman Mullins motioned to approve; Councilwoman Richards seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. Mayor Torre said drought conditions are coming up quickly, so please everyone, do your environmental best. Councilman Hauensteinmotioned to adjourn, Councilman Mesirow seconded. Roll call vote: Hauenstein, yes; Mesirow, yes; Mullins, yes; Richards, yes; Torre, yes. All in favor, motion carried. ______________________ Nicole Henning, City Clerk 75 MEMORANDUM To:Mayor and City Council From: James R. True, City Attorney Date: July 24, 2020 RE:Ordinance #12, Series of 2020 Request of Council:To consider the adoption of Ordinance #12, which amends Ordinance #11, Series of 2020, adding a mandatory face covering zone within the City and changing the requirements for face coverings for areas outside of the zone. All other requirements of Ordinance #11 remain in place. Background:At a work session held on July 20, 2020, City Council discussed the prospect of adopting regulations that would require individuals within certain specified areas of the City to wear a mask while outside. The memo presented to Council for that discussion is attached. During the discussion and during the work session the following evening, Council also raised the question of whether the rules regarding wearing face coverings should be amended to clarify issues surrounding what is known as the “ten-minute rule.” Following the discussions, Staff was directed to prepare an emergency ordinance to present at a special meeting called for July 27, 2020, with final consideration at the regular meeting scheduled for July 28, 2020. Pursuant to Sec. 4.11 of the Municipal Charter, two meetings are required but neither is a public hearing. Thus, this item is set for first reading on July 27, 2020, with final approval set for consideration as an action item in the regular meeting of July 28, 2020. Discussion:As noted above, Ordinance #12, Series of 2020, amends Ordinance #11, Series of 2020, with the addition of a mandatory face covering zone. It also amends the provisions regarding the requirements for face covering at other times, specifically deleting provisions regarding what is known as the “ten-minute rule”for social distancing and the exemption regarding households. The proposed zones were presented at the work session. Those are attached to the work session memo that is submitted hereto. A proposed zone is not attached to the proposed Ordinance #12, as it is believed that further discussion is required. When a majority of Council supports one particular proposed zone or a zone that it outlines, that will be added to the Ordinance. Staff is proposing that the changes proposed become effective on August 4, 2020. This will provide time for Staff to conduct proper outreach and get signs and street markings in place. In this regard, Trish Aragon has prepared a preliminary estimate of the cost of implementation of pavement marking. That is attached. This Ordinance #12 has a proposed sunset consistent with Ordinance #11. That can be revisited at Council’s discretion. 76 Recommendation:Staff recommends adoption of Ordinance #12, Series of 2020 with an effective date of August 4th. 77 ORDINANCE NO. 12 (SERIES OF 2020) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADOPTING A PUBLIC HEALTH ORDER OF THE CITY OF ASPEN, COLORADO FOR THE PROMOTION OF HEALTH AND SUPPRESSION OF DISEASE AMENDING ORDINANCE #11, SERIES OF 2020 TO, AMONG OTHER AMENDMENTS, CREATE A MANDATORY FACE COVERING ZONE. WHEREAS, the City of Aspen (the “City”) is a legally and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the “Charter”); and WHEREAS, Section 4.11 of the Charter authorizes the City Council to enact emergency ordinances for the preservation of public property, health, peace, or safety upon the unanimous vote of City Council members present or upon a vote of four (4) Council members, whichever is less; and WHEREAS, the City of Aspen declared a local disaster emergency on March 12, 2020 pertaining to the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from COVID-19; and WHEREAS, the City of Aspen commenced and continues to support crisis response efforts, through both personal and other resources; and WHEREAS, pursuant to State and Local Public Health Orders, businesses have been allowed to open to the public under strict guidelines for the health and safety of the public; and WHEREAS, the Centers for Disease Control and Prevention recommends wearing face coverings in public settings to prevent the spread of COVID-19; and WHEREAS, the City of Aspen City Council previously, via Resolution 40 (Series of 2020), amended and renewed via Resolution No. 43 (Series of 2020), and renewed again via Resolution No. 54 (Series of 2020), issued a public health order requiring individuals to wear face coverings in public places, but that many members of the public are not adhering to the requirement of wearing a face covering and businesses have been allowing individuals to enter without face coverings; and WHEREAS, Ordinance #11 (Series of 2020), adopted the mandatory face covering requirements of Resolution #40 (Series of 2020), approved a mandatory closing time for all businesses with the City of Aspen and amended Title 5 and Title 14 of the City of Aspen Municipal Code, regarding the business and liquor licenses; and WHEREAS, the City Council proposes to amend the mandatory face covering provisions of Ordinance #11 (Series of 2020) adopting a zone in which face covering shall be mandated in all public outdoor spaces; and 78 WHEREAS, failure of individuals and businesses to comply with public health guidelines can jeopardize the health of the community as a whole and could require the reinstatement of stay at home orders and the re-closing of all businesses leading to devastating economic impacts; and WHEREAS, the City Council has determined that it is necessary to declare an emergency for the preservation of public health, peace, and safety to amend provisions within the City of Aspen Municipal Code that would allow the immediate suspension of a license to conduct business within the City of Aspen if a business has been deemed to have violated any duly issued order, regulation or law of the Federal, State or Local government; and WHEREAS, the City Council finds that it is appropriate and in the interests of the public health, safety, and welfare and would further protect property and civil order, for the City Council to adopt an Emergency Ordinance and Public Health Order requiring all businesses within the City of Aspen to be closed at a certain, specific time each night, requiring face coverings in public places in the City of Aspen, including mandatory face coverings in certain areas of town, and imposing penalties on businesses who permit individuals to enter without face coverings. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN CITY THAT: Section 1. Ordinance #11, Series of 2020 is hereby amended as follows: Section 2, is hereby deleted and replaced with the following: The City of Aspen City Council hereby adopts the following public health order requiring face coverings in public places within the City of Aspen: Section 2.1. Definitions. a.Face Covering shall mean a uniform piece of material that securely covers a person’s nose and mouth and remains affixed in place without the use of one’s hands. b.Mandatory Face Covering Zone is any outdoor public place located within the boundaries of that zone depicted on the attached Exhibit “A”, which is incorporated herein by this reference. c. Outdoor Public Place means an outdoor place to which the public or a substantial number of the public has access, including, but not limited to, any street, sidewalk, public alley, public parking lot, park, playground, and the common areas of any public and private buildings and facilities. 79 Section 2.2. Face Coverings required. All persons shall wear Face Coverings: a.when entering and while inside of a place of business or mode of transportation open to the public, and b.while in an outdoor public place located within the Mandatory Face Covering Zone; and c.in suchotherindoororoutdoorplaceswherepersons areunableto maintain safe social distancing (six or more feet of separation regardless of duration). Section 2.3. Exceptions. Nothing herein shall require the wearing of face coverings by the following persons: a.Persons under the age of two years; and b.Persons for whom a face covering would cause impairment due to an existing health condition. c.Persons who have entered a restaurant or bar open pursuant to Pitkin County or State regulations may remove face covering as allowed by such regulations. d.Persons working in a professional office who do not have any face-to-face interactions with the public or co-workers as allowed by Pitkin County or State of Colorado regulations. e.Performers as long as twenty-five (25) feet distance from spectators is maintained. Section 2.4: Requirements for Businesses Open to the Public. a. No business open to the public shall permit any individual not wearing a face covering to enter or remain in the business unless that individual is excepted from wearing a face covering pursuant to section 2.3, above. Businesses that choose to offer masks to customers prior to entering must provide new, clean or otherwise previously unworn masks. b. Restaurants may allow individuals to remove their face coverings once the individual is seated at a table for dining. The individual must wear the face covering any time he or she is not seated at their table. 80 c. Any business open to the public that permits an individual to enter or remain in the business without a required face covering is subject to the suspension or revocation of its business or liquor license pursuant to Sec. 5.04.065 and Sec. 14.08.140 of the City of Aspen Municipal Code as well as the penalty provisions contained in section 2.8 of this public health order. Section 2.5: General Information for all Persons. Pursuant to federal Centers for Disease Control guidance, the public is strongly encouraged to wear cloth Face Coverings that: a.fit snugly but comfortably against the side of the face; b.are secured with ties or ear loops; c.include multiple layers of fabric; d.allow for breathing without restriction; and e.are able to be laundered and machine dried without damage or change to shape. Section 2.6. Effective Date and Time, Limitations and Area. The Public Health Order set forth in this Section 2, will become effective at 6:00 a.m., August 4, 2020, and will remain in effect until August 25, 2020. Until such time as this amended Section 2 becomes effective, Section 2 of Ordinance #11, shall remain in full force and effect. This Order is effective within the entirety of the territory of the City of Aspen, Colorado. Section 2.7. Most Restrictive Standard Controls. To the extent any State and/or Federal orders or laws are more restrictive than what is set forth herein, such orders control. Section 2.8. Penalties. Failure to comply with this Section 2 is subject to a penalty of $50 for the first offense, $250 for the second offense and a mandatory court appearance for any subsequent offense with the penalties contained in Section 1.04.080,of the City of Aspen Municipal Code, including up to a$2,650 fineandone-year imprisonment or both per day for each violation. Section 2.9. Previous Resolutions. This Section 2 shall supersede Resolution No. 40, Series of 2020, as well as Resolutions No. 43 and 54, Series of 2020, upon the effective date set forth in Section 2.6, above. Section 2.Emergency Declaration It is hereby declared that, in the opinion of the City Council, an emergency exists; there is a need for the preservation of public property, health, peace, or safety of the City of Aspen, its 81 residents, and guests; and, this ordinance and public health order adopted as an emergency ordinance provides the protection of the health, peace and safety of the citizens of the City of Aspen. Section 3.Publication. The City Clerk is directed that publication of this ordinance shall be made as soon as practical and no later than ten (10) days following final passage. Section 4.Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5.Effective Date. Except as otherwise set forth herein, pursuant to Sec.4.11 of the Aspen Municipal Charter, the ordinance shall take effect and be in full force upon adoption of this ordinance by the affirmative votes of at least four (4) members of the Aspen City Council or the unanimous vote of all City Council members present Section 6.Existing Litigation. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. INTRODUCED AND READ as provided by law as an emergency ordinance by the City Council of the City of Aspen on the 27th day of July2020. ________________________ Torre, Mayor ATTEST: NicoleHenning,CityClerk FINALLY adopted,passedand approvedthis 28 th dayof July2020,by∎the unanimous vote of all City Council members present; or a vote of four (4) council members. _________________________ Torre, Mayor 82 ATTEST: __________________________ Nicole Henning 83 Page 1 of 10 MEMORANDUM TO: Mayor and City Council FROM: Richard Pryor, Alissa Farrell, Sara Ott & Jim True DATE OF MEMO: 7/16/2020 MEETING DATE: 7/20/2020 RE: Creation of a mandatory face covering zone REQUEST OF COUNCIL: At the July 14, 2020 City Council meeting, members of Council expressed a desire to discuss creating a geographical zone to mandate the use of face coverings indoors and outdoors, with minor exceptions. This work session is scheduled to provide Council an opportunity to discuss the pros and cons of creating a face covering mandatory zone, identify any additional information needs, and if desired, for Council consensus building and general direction of whether staff should proceed with an ordinance for formal consideration. There will be limited staff presentation during the work session. PREVIOUS COUNCIL ACTION: City Council passed Resolution #20-2020 on March 13th extending the local Aspen emergency declaration related to the COVID-19 disaster. Adoption of Ordinance #11, Series of 2020, including the codifying of face covering requirements within the City of Aspen. This ordinance has been extended multiple times, with the next expiration date of August 21, 2020. BACKGROUND: Some communities are transitioning to mandatory face covering zones to simplify communicating face covering expectations. Recent examples include Nantucket, Massachusetts and Breckenridge, Colorado. Additionally, Governor Polis issued an executive order mandating face coverings in public areas within Colorado on July 16, 2020. (Attachment F) 184 Page 2 of 10 DISCUSSION: Six areas of consideration have been identified to aid City Council’s discussion: 1.What is a mandatory face covering zone? A mandatory face covering zone is intended to aid in communicating expectations for the use of face coverings in typical experiences in the zone, including when indoors and outdoors, with minor exceptions such as for age, medical condition, inside a private residence, or while seated at a restaurant dining table. Further, it removes exemptions such as being with household members, that that are applicable elsewhere in the City. Through simplifying the rules, it is easier for locals and visitors to understand the Council’s expectation to wear face coverings and more clearly provide staff discretion for education and, if necessary, officer enforcement. Council should consider if this description is accurate as a basis of further discussion. 2.Why consider creating a mandatory face covering zone? Face coverings are increasingly being recommended as a means for slowing the spread of COVID-19. Attachment “A” provides current resources on the rationale for face coverings as an effective public health measure during the current pandemic. Most of these resources were provided by Pitkin County Public Health. As expressed by Council, community sentiment may be at a point where an increase in compliance with the City’s face covering ordinance is warranted. Regular contacts with community members via email, telephone, and in-person suggest that many community members are not aware of the details of the ordinance around face coverings. Many express the desire for ordinances that are clearer and enforceable for residents and visitors. Given the short timeline for feedback on this subject there is limited data. Aspen Community Voice is activated now to seek initial feedback before this meeting and will remain up for at least one week to gain community views. 3.How would a mandatory face covering zone be communicated to residents and visitors? Success will depend on very apparent changes to the physical environment as well as marketing in print, on social media, and in the zone itself. The physical environment would include making semi-permanent street pavement painting and sidewalk markings, installation of several dozen signs, temporary bollards, and other changes to serve as visual clues to individuals. Further, the campaign would include but not be limited to: •Newsletter information through all City of Aspen newsletters and coordination with ACRA to distribute information to members. •Zone area map highlighting mandatory mask zone and informational flyer to be provided to all hotels. •Signs and information to be provided to the Airport for display. •Partner outreach and information with ACRA, APCHA and other community organizations. 285 Page 3 of 10 •Updated postcards as a tool for education information for the City health protection team and ACRA ambassadors to pass out as needed. •Creation of a FAQ for the city website and as needed. •Downloadable flyer and materials from City of Aspen website. •Social media campaign to include engaging and fun photographs and short stories about individuals in Aspen wearing face coverings. •Education about where masks can be purchased from local retailers or obtained for free through the city and community partners 4.What are realistic expectations around compliance? While 100% compliance is desirable, it is unlikely to be achieved due to the emotive and controversial nature of face covering mandates around the country. In this environment, the removal of the uncertainty of when to wear the face covering will help identify when and where there is a lack of compliance more quickly. This will allow for targeted education efforts with individuals to seek voluntary agreement to wear face coverings and to be more responsive in providing face coverings to those that need them. Further, the educational approach leverages multiple community resources – individuals, businesses, lodging, restaurants, ACRA, local government staff and officials in a less confrontational manner and in partnership for compliance. The notion that educational efforts should be left only to law enforcement is flawed when seeking compliance due to other service needs in the community that need to be provided at the same time. a.It is reasonable to accept that we will not achieve 100% compliance. So how does the community manage those not in compliance? i.Creation of a zone provides for clearer communication to the public about the expectation that a face covering be worn within the zone. There is far less “grey” area. It is easier to identify a person out of compliance by sight. ii.Maintain an educational approach. Buy-in from community members, lodges, restaurants, businesses, Pitkin County & ACRA is critical to providing support to tourists, commuters, and locals to understand the requirements. These partnerships are crucial to a zone being successful and to minimizing the need for enforcement. b.The existing City Health Protection Team (HPT) & ACRA ambassadors continue to play a major role in educating and mask handouts. The HPT may need to be expanded to increase its ability to have educational conversations and hand out masks. c.The police role: i.Background – The police department has 18 police officers and 5 Community Response Officers (CRO’s) available to manage all calls for service. This equates to 3-4 officers generally available per shift and 2-3 CRO’s available per day (although 2 CRO’s are temporarily assigned to the City’s HPT while new HPT staff are brought onboard.) Current call for service levels are around 60/day. Pitkin County currently estimates about 40,000 people in the Upper Valley at the moment. 386 Page 4 of 10 ii.Maintain the 2 CRO commitment to the HPT after new staff are onboarded to increase the outreach capacity of that team by 2. iii.Patrol officers (with ability to write tickets) would continue routine foot and bike patrols when time is available (currently ~20%) to educate and enforce if necessary, maintaining a similar approach to the current policing style. Much as an officer contacts and uses discretion to manage a speeding driver on Main Street with either a warning or a ticket depending on the circumstances, the same would occur relative to face coverings while an officer is on foot patrol. Capacity to increase or dedicate further patrols does not exist without sacrifice to other service areas (e.g. traffic & crosswalk safety, bear education & enforcement, slower response to some calls for service such as frauds or thefts.) Response to mental health related calls would remain a top priority. iv.A consistent approach beginning to be seen around the State and Country follows the educate, warning, ticket model that we are suggesting. d.Managing complaints from the public: i.The public generally expects immediate response to complaints, i.e. an officer showing up to “the scene”, and a conversation and some reconciliation of the issue. In the case of face covering complaints this is not likely to occur unless there is a behavioral problem occurring as well as the face covering violation, i.e. someone not wearing a face covering being aggressive with another. If a member of the public calls in with a complaint about a face covering, the ship will have sailed by the time an officer is able to respond. It would be a disproportionate response to go “chasing down the street” after someone who is out of compliance. ii.If a zone is enacted, we would continue to use the existing Pitkin County Public Health complaint form as the method for the public to report compliance issues. This will enable consistent tracking of all public health order complaints and will ensure, at a minimum, a response to the complainant from HPT members. City of Aspen related complaints entered on this form are already routed to the City HPT for follow up. iii.Impacts on Dispatch as a result of increased complaints are difficult to predict, however Director Brett Loeb’s comments are as follows: 1.Currently, we are receiving 5-10 complaints each day, almost all regarding individuals or employees not wearing masks. Public health has set up a 'complaint hotline' and online form which we try to defer the callers to, however, the majority of the callers demand an immediate response, so we create a call for service most of the time. (this is then dispatched to an officer) 2.With a 'mask zone' program implemented, I would expect an increase in calls for two reasons: 1) People within the zone reporting violations and 2) People calling from anywhere in town who are confused or misunderstanding of the change (similar to what's happening today). 487 Page 5 of 10 3.When the current mask restrictions went into effect, we saw about a doubled increase in calls so I would expect that same result here, bringing our volume up to 10-20 calls per day - a number we can absorb with our current staffing and volume. iv.An unknown quantity that should be noted is that the County is entering a higher degree of fire danger, as well as the period in which there are often more mountain rescue incidents which may add to the dispatch call load. 5.Incentives to support a face covering culture Staff are already moving to implement incentives for face covering use. Vouchers for cookies, and an expansion of the City gift card program are two methods to reward some of those for “doing the right thing.” While the inherent health benefits of face coverings are a good incentive, additional recognition and positive messaging can help support the desired culture. Staff are currently researching ideas and methods to provide a positive message that is connected to keeping Aspen open and safe by keeping COVID-19 cases down. Staff will finalize the positive incentive plan upon receipt of direction from Council. 6.What are the boundaries of a zone? a.Considerations might include: i.The ability to clearly and simply communicate an area to tourists and commuters. A zone would likely be better understood by locals. ii.What kinds of activities, businesses or areas does Council wish to include in a zone, i.e. the busier shopping areas and stores, parks, the core, trails etc. iii.Do more remote residential neighborhoods want the same kind of guidelines? E.g. Truscott, Burlingame, Highlands, Centennial etc. b.Staff have defined 4 areas shown as attachments as guidelines for discussion: i.Attachment “B” - The entire City jurisdiction for reference ii.Attachment “C” - “Zone 1” - A “wider” zone bounded by the Castle Creek river, Roaring Fork river and Aspen Mountain – essentially town within the bridges -covering all downtown, the post office and Clarks area, Rio Grande & the skatepark, and some residential areas along Main Street iii.Attachment “D” – “Zone 2” - A “central” zone bounded by Original/Neal St, Aspen St, Aspen Mtn & the Roaring Fork River – Encompasses the busiest areas of town, all the core, main downtown parks, Clarks & Post Office areas. iv.Attachment “E” - “Zone 3” - An “inner” zone bounded by Main St, Durant St, Monarch St, Hunter Av – covering downtown mall, restaurant and shopping areas. c.A brief (not exhaustive) list of pro’s and con’s are listed on each zone map. With the Governor’s executive order issued on 7/16/2020 staff make the following observations: •Staff have not yet received guidance from Pitkin County Public Health related to the impacts of the Order to the local public health order. 588 Page 6 of 10 •Messaging around mask usage may become more consistent, especially for visitors to Aspen. •It will not have a significant impact on enforcement as the local ordinance would be preferential to issuing summonses to County Court. •It appears to generally mimic some of the existing County and City requirements. Please see the Executive Order below as Attachment “F” Questions for Council •Does a face covering mandate zone match the will of the community? •Can Council and the community accept that there will be less than 100% compliance? •What is our threshold or tolerance as a Council and community, for non-compliance? •Is the community – business, hotels, restaurants, individuals – willing to set the example for tourists? •Is the community willing to step up and use it’s world renowned hospitality to educate together and normalize the use of face coverings? FINANCIAL/BUDGET IMPACTS: It is necessary to understand the size and length of time a zone would be in place to adequately prepare a cost estimate. Staff would utilize funding from the COVID response and recovery funds to implement the zone. CITY MANAGER COMMENTS: No additional comments - SGO RECOMMENDATION: Staff is providing this information for Council discussion. Additional community input and Council discussion is needed before a staff recommendation will be ready. 689 Page 7 of 10 ATTACHMENT A Face Covering information: Research based resources •July 14 2020 - Absence of Apparent Transmission of SARS-CoV-2 from Two Stylists After Exposure at a Hair Salon with a Universal Face Covering Policy — Springfield, Missouri, May 2020 •July 6 2020 - UC Davis video - Your Mask Cuts Own Risk by 65 Percent •June 29 2020 - Face Masks and GDP – Includes video •June 16 2020 - Community Use Of Face Masks And COVID-19: Evidence From A Natural Experiment Of State Mandates In The US •April 10 2020 - Face Masks Against COVID-19: An Evidence Review •The Colorado Association of Public Health Officials provides a monthly newsletter to it’s members. The following is a link from their situational update to a section on mask wearing and face covering. (You may need to log in to a Google account to access): https://drive.google.com/drive/folders/1p8exCkOjvQgTD46Vo1VHQ6vB3FXOjxr6 Examples of compliance approaches Breckenridge – Mandatory Mask Zone https://www.townofbreckenridge.com/live/covid-19/-fsiteid-1 Highlights: •Breckenridge PD Community Service Officers are actively seeking compliance, and town is hiring $20 temporary “mask ambassadors” to do this as well. They have 2 CSOs, working 10 am to 8 pm 7 days per week. Public Works has put up big signs for mask zone on every block on Main Street. More signage to come on paths and back streets. Asking people to put on mask or giving them one. No tickets being issued. Council has expressly said this is not enforcement driven, unless absolutely necessary. Broadcast on social media platforms and local newspapers doing articles. •Sworn officers are still expected to do foot patrol downtown whether with CSO or on their own every day. No issues like people becoming combative, though sometimes they verbally push back. Mostly CSOs doing this so they don’t have to enter this as an SB20- 217 contact. 790 Page 8 of 10 •Business community is saying this has made it easier for them, so they don’t have to fight with them to have the mask on in the store. •Sgt is down there between noon and 3 pm daily. Seen huge jump in compliance. Santa Monica Face Covering Guidelines: https://www.santamonica.gov/blog/frequently-asked-questions-about-covid-19-face-coverings Highlights: •Enforcement – “While the City of Santa Monica’s emergency orders are enforceable by the Santa Monica Police Department and Code Enforcement, Santa Monica’s primary focus is to gain community compliance through education. There are two areas the City is focusing resources to enforce cloth face coverings: 1) groups of more than 10 people and 2) individuals not wearing face coverings inside businesses." •They issue warnings during first offense and possible fine for repeated offenses. •Request individuals to report to an email if they see large gatherings or mask offenses. Call only in emergency. •This is the sign the post - https://www.santamonica.gov/Media/Default/COVID- 19/City%20of%20Santa%20Monica_Face%20Covering%20Required_Poster_8.5x11_Fina l.pdf West Hollywood Administers an Administrative Citation of $250 with $50 process fee = $300 for first offense – Administrative Citation is a program of enforcement for violations of nuisance laws that are a part of the Municipal Code. They are not handled by the courts as they are non-criminal. They are administrative notices issued in the name of the City, similar to parking citations. The City asseses fines, collects fines through third party and funding goes into a special code enforcement account. Details: http://www.councilmemberpaulkoretz.com/policies/administrative-citation-enforcement-ace Napa County Fines from $25-$500 for individuals and up to $5000 for businesses, but only for repeat offenses – I could not find the law as it looks like it is still on the council desk. https://napavalleyregister.com/news/local/napa-county-adopts-new-covid-19-enforcement- powers/article_fa88705f-bea5-5256-b798-858d43784c38.html Napa Valley public health order to close certain businesses – stay at home: https://www.countyofnapa.org/DocumentCenter/View/17112/Shelter-at-Home-Order-7-8- 2020--?bidId= City of Napa – Task force Coalition - https://www.cityofnapa.org/CivicAlerts.aspx?AID=244 891 Page 9 of 10 San Diego County – Enforcement of Public Health Orders, including masks: https://www.sdsheriff.net/newsroom/links/le-response-coronavirus.pdf Charleston South Carolina: PDF of Face Covering Ordinance with consequences noted – 1) education 2) warning 3) citation of $50 https://www.charleston-sc.gov/DocumentCenter/View/26970/City-of-Charleston-Face- Covering-Ordinance-FAQ Manhattan Beach “no more warnings”…fines $100 for 1st offense, $200 for second $500 for repeat - https://patch.com/california/manhattanbeach/city-council-votes-fine-non-mask-wearers- manhattan-beach 992 ATTACHMENT B1093 Pro's:•Natural boundaries - AspenMountain, rivers•Reduces number of "entry" points tothe zone for signage•Encompasses the "busiest" areas oftown•"Fairer"Con's:•Large area•Excludes some dense areas of Cityjurisdiction•Significant signage requirements•Likely to achieve lower complianceratesBounded by Castle Creek & the Roaring Fork river and Aspen Mountain – within the bridges -covering all downtown, and the Clarks area, Rio Grande & the skate park, and some residential areas along Main StreetATTACHMENT C1194 Bounded by Original/Neal St, Aspen St, Aspen Mtn & the Roaring Fork River – Encompasses the busiest areas of town, all the core, main downtown parks, Clarks & Post Office areas.Pro's•Includes majority of businessdistrict areas from Post Office/Clarks to City Market, as well asGondola Plaza and busiestParks and Skatepark•Slightly more accessible toprovide education and outreachon foot by ambassadors &patrol by police•Excludes much or Rio Grandeped/bikeway (could be a con)•Will help with perception ofmask wearing complianceCon's•Significant signage required aswell as definition around whatside of a street the zone begins•Excludes some busy City trails•Will need more staff to helpwith education and monitoringzoneATTACHMENT D1295 pen Ice iarden 0 I .... V) V) Koch Lumber Park 212.5 425 I Juan St Paepcke Park Wi lloughby Park 850 Li1t on1 freet Methodist Church of Aspen E Main St Hotel Jerome w�Wheeler110pera Rio Grande Park .'.:>dllLlUdlY Pitkin County Library Aspen Rio Grande Building Pitkin Rio Grande Skate Park Obermeyer Place Sheriff City of Aspen Police Q ZOne 3 Wagner Park St Regis Grand Hyatt Aspen Aspen Mountain Gondola Plaza Aspen Art Museum .... V) Rivers v; c::::J Aspen City Limits� -� Source: City of Aspen GIS _o,Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robif1e'pn, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSk;�p���.lf.Rl\(1A. lntermap and the G1;.user community�ources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, an81h�GIS User Community Bounded by Main St, Durant St, Monarch St, Hunter Av – covering downtown mall, restaurant and shopping areas. Pro's: •Downtown core businesses and restaurants included. •Smaller area to manage •Able to provide better presence and education Con's: •Excludes some high use areas – Clarks area, City market area, gondola, rio Grande park etc •Will continue to cause confusion and calls for service of people mistakenly believed to be not complying ATTACHMENT E 1396 D 2020 138 EXECUTIVE ORDER Amending and Extending Executive Orders D 2020 039, D 2020 067, D 2020 092, and D 2020 110 Ordering Individuals in Colorado to Wear Non-Medical Face Coverings Pursuant to the authority vested in the Governor of the State of Colorado and, in particular, pursuant to Article IV, Section 2 of the Colorado Constitution and the relevant portions of the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701 et seq. (Act), I, Jared Polis, Governor of the State of Colorado, hereby issue this Executive Order amending and extending Executive Orders D 2020 039, D 2020 067, D 2020 092, and D 2020 110 ordering individuals in Colorado to wear a medical or non-medical face covering due to the presence of coronavirus-2019 (COVID-19) in Colorado. I.Background and Purpose On March 5, 2020, the Colorado Department of Public Health and Environment’s (CDPHE) public health laboratory confirmed the first presumptive positive COVID-19 test result in Colorado. Since then, the number of confirmed cases has continued to climb, and there is community spread throughout the State. We have seen over 37,000 infections and lost over 1,700 Coloradans. I verbally declared a disaster emergency on March 10, 2020, and on March 11, 2020, I issued the corresponding Executive Order D 2020 003, as amended by Executive Orders D 2020 018, D 2020 032, D 2020 058, D 2020 076, D 2020 109, and D 2020 125. On March 25, 2020, I requested that the President of the United States declare a Major Disaster for the State of Colorado, pursuant to the Stafford Act. The President approved that request on March 28, 2020. My administration, along with other State, local, and federal authorities, has taken a wide array of actions to mitigate the effects of the pandemic, prevent further spread, and protect against overwhelming our health care resources. While we have seen indications that our efforts to “flatten the curve” are working, transmission of the virus continues to threaten Coloradans’ way of life and livelihoods and current data shows a recent increase in COVID infections. As we take steps to return Coloradans to work, we must continue to take measures to facilitate reopening the economy while protecting public health by taking steps to incorporate best practices to protect individuals from infection. We have learned that widespread mask use is a low cost and highly effective way to reduce the spread of COVID-19 infections by as much as 65%. Broad adoption of mask wearing in Colorado may have significant economic benefits by allowing the State to prevent re-closures of businesses and schools and, ultimately, return to our normal lives more quickly. A recent study from Goldman Sachs concluded that a federal mask mandate could save the U.S. economy ATTACHMENT F 1497 Executive Order D 2020 138 July 16, 2020 Page 2 of 4 from taking a 5% hit to the Gross Domestic Product (GDP). At this time, thirty-nine Colorado counties and municipalities already have mandatory mask orders in place. Under Executive Order D 2020 110, mask wearing is mandatory for employees, contractors, and others providing services for Mass Transportation Operations and Critical Businesses as well as for State and county employees and the individuals they serve at Government Offices and Facilities. These requirements remain intact with this Executive Order. This Executive Order amends and extends Executive Orders D 2020 039, D 2020 067, D 2020 092, and D 2020 110 to protect Coloradans by requiring individuals in Colorado to wear a non-medical face covering over their nose and mouth, subject to several exceptions. II.Amendments Executive Order D 2020 110 is amended as follows: 1.Strike the words “have discretion to” in Paragraph II.D. 2.After Paragraph F, add the following new Paragraphs G through R: G.Except as permitted by Paragraphs L, M, and N, below, all individuals over ten (10) years old must wear a face covering over their nose and mouth when entering or moving within any Public Indoor Space, as such term is defined in Paragraph R of this Executive Order, or while using or waiting to use the services of any taxi, bus, light rail, train, car service, ride-sharing or similar service, or Mass Transportation Operations. H.Any individual who endangers the health of others by knowingly entering or remaining in a Public Indoor Space, as such term is defined in Paragraph R of this Executive Order, in violation of the terms of this Executive Order may be subject to civil or criminal penalties, including but not limited to prosecution for trespass. I.Except as permitted by Paragraphs L, M, and N, below, to protect workers, customers, and the community, no owner, operator, or manager of a Public Indoor Space, as such term is defined in Paragraph R of this Executive Order, may provide service to individuals or allow an individual to enter or move within that Public Indoor Space, unless the individual is wearing a face covering as required by this Executive Order. J.Owners, operators, or managers of Public Indoor Spaces, as such term is defined in Paragraph R of this Executive Order, must post signs at entrance(s) instructing individuals of their legal obligation under this Executive Order to wear a face covering when entering or moving within a Public Indoor Space. 1598 Executive Order D 2020 138 July 16, 2020 Page 3 of 4 K.A State or local department or agency that learns that a business licensee is in violation of this Executive Order will consider whether the public health, safety or welfare requires summary, temporary suspension of the business’s license to operate (including but not limited to a liquor license). L.The following individuals are exempt from the requirements of this Executive Order: Individuals ten (10) years old and younger; or Individuals who cannot medically tolerate a face covering. M.Individuals performing the following activities are exempt from the requirements of this Executive Order while the activity is being performed: 1.Individuals who are hearing impaired or otherwise disabled or who are communicating with someone who is hearing impaired or otherwise disabled and where the ability to see the mouth is essential to communication; 2.Individuals who are seated at a food service establishment; 3.Individuals who are exercising alone or with others from the individual’s household and a face covering would interfere with the activity; 4.Individuals who are receiving a personal service where the temporary removal of the face covering is necessary to perform the service; 5.Individuals who enter a business or receive services and are asked to temporarily remove a face covering for identification purposes; 6.Individuals who are actively engaged in a public safety role such as law enforcement, firefighters, or emergency medical personnel; 7.Individuals who are officiating at a religious service; or 8.Individuals who are giving a speech for broadcast or an audience. N.Counties that complete certification for Protect Our Neighbors may choose to be exempt from Paragraphs G through N, and R of this Executive Order. O.Nothing in this Executive Order should be construed to prevent individuals from wearing a surgical-grade mask or other, more protective face covering to cover the nose and mouth if that type of mask or more protective face covering is appropriate under industry standards. 1699 Executive Order D 2020 138 July 16, 2020 Page 4 of 4 P.Nothing in this Executive Order prevents a county or municipality from adopting more protective standards than those contained in this Executive Order. Q.Except as modified by this Executive Order, all Executive Orders or Public Health Orders, including Public Health Order 20-31, issued due to COVID-19 and that are currently in effect shall remain in full force and effect as originally promulgated. R.For the purposes of this Executive Order, Public Indoor Space means any enclosed indoor area that is publicly or privately owned, managed, or operated to which individuals have access by right or by invitation, expressed or implied, and that is accessible to the public, serves as a place of employment, or is an entity providing services. Public Indoor Space does not mean a person’s residence, including a room in a motel or hotel or a residential room for students at an educational facility. III.Duration Executive Order D 2020 039, as extended by Executive Order D 2020 067, and as amended and extended by Executive Orders D 2020 092, D 2020 110, and this Executive Order, shall expire thirty (30) days from July 16, 2020, unless extended further by Executive Order. In all other respects, Executive Order D 2020 039, as amended and extended by Executive Orders D 2020 067, D 2020 092, and D 2020 110, shall remain in full force and effect as originally promulgated. Jared Polis Governor GIVEN under my hand and the Executive Seal of the State of Colorado, this sixteenth day of July, 2020 17100 Mask Zone (Pavement Marking Implementation Estimate) Timeframe Cost Estimate Zone 1 1 –2 weeks $5,000 -$10,000 Zone 2 2-3 weeks $20,000 -$30,000 Zone 3 2-3 weeks $10,000 –$15,000 Zone 1 1.Short term (ie 1 week) Install two variable message board on each end of town giving notification of a mask zone 2.Long term (2 weeks) Install sidewalk “stickers” that indicate mask zone in Core area (25 locations 4 per location) Zone 2 1.Short term (ie 1 -2 weeks) Install two variable message board on each end of town giving notification of a mask zone Paint “Mask Zone” within the zone at various locations. (50 intersections 4 per intersection = 250)( Additional in core 25 locations 4 per location = 100) total 350 2.Long term (2-3 weeks) Install sidewalk “stickers” that indicate mask zone in Core area (25 locations 4 per location) Remove painted “Mask Zone” (25 locations above) Zone 3 1.Short term (ie 1 -2 weeks) Install two variable message board on each end of town giving notification of a mask zone Paint “Mask Zone” within the core 25 locations 4 per location = 100 2.Long term (2-3 weeks) Install sidewalk “stickers” that indicate mask zone in Core area (25 locations 4 per location) Remove painted “Mask Zone” (25 locations above) Trish Aragon, P.E. City Engineer Engineering Department 201 N. Mill St. Aspen, CO 81611 p:970.429.2785 www.cityofaspen.com 101