Loading...
HomeMy WebLinkAboutagenda.council.worksession.202007201 AGENDA CITY COUNCIL WORK SESSION July 20, 2020 4:00 PM, City Council Chambers 130 S Galena Street, Aspen WEBEX Go to: www.webex.com Click "Join" at the top right-hand corner Enter Meeting Number 126 445 4551 Password provided 81611 Click "Join Meeting" OR Join by phone Call: 1-408-418-9388 Meeting number (access code): 126 445 4551 Meeting password: 81611 I.WORK SESSION I.A.Expedited Construction Policy Follow-up I.B.Mandatory Mask Zones I.C.2021 Budget Preparation Discussion I.D.Board and Commission Appointment Discussion 1 MEMORANDUM TO:Mayor Torre and City Council FROM:Trish Aragon, City Engineer Phillip Supino, Community Development Director THROUGH:Sara Ott, City Manager MEMO DATE:July 17, 2020 MEETING DATE:July 20, 2020 RE:Follow-Up on Development & Permitting Policies, Construction Activity, & Economic Recovery REQUEST OF COUNCIL:Staff requests that Council provide direction on whether to change the current right-of-way construction re-opening date of September 8th. Additionally, staff seeks to inform Council on the outcomes and lessons learned of expediting construction activities to support local economic recovery from the impacts of the COVID-19 pandemic. Finally, staff seeks to inform Council of staffing needs in Community Development prior to 2021 budget development. SUMMARY AND BACKGROUND: The regional economy has been disrupted by impacts from the COVID-19 pandemic. These economic impacts are broad and deep, effecting every sector and disrupting the lives and livelihoods of Aspen residents. In response to these dynamics, Council focused significant work in April and May on economic recovery as a key element of the community response to COVID-19. At the April 9, 2020 Council meeting, Council approved Resolution No. 33, Series 2020 outlining the City’s approach to COVID-19 relief. That resolution included Outcome 4: “Proactively work to minimize further economic disruption and actively encourage its recovery.” One of the objectives outlined in the resolution directly address the topic of construction as an economic driver: D. Advance private sector construction projects to shovel ready through permit review and extension of the spring construction season. Council, staff, and members of the development community identified construction and development activities as potential drivers of increased economic activity to support economic recovery. On April 27th, 2020, Council directed staff to leverage construction activity as an economic recovery tool through the expedition of some development permits and modifying the dates of the right-of-way construction season. That direction was couched in caution about ensuring that projects are required to comply with City regulations and standards. Council requested staff schedule a follow-up discussion to 2 Page 2 of 5 Construction & Economic Recovery Follow-Up Work Session receive information about successes, lessons learned, and the effectiveness of the initiative. DISCUSSION: In response to Council direction, staff from the relevant development review agencies (ComDev, Engineering, Parks, Utilities) immediately coordinated to identify and implement strategies to expedite the issuance of certain development permits. In response to Pitkin County Public Health requirements for construction site safety, ComDev and Engineering staff also developed systems for processing COVID Health Safety Plans for every construction site in town. Since March 1, the City has reviewed and approved 678 COVID Health Safety Plans, allowing existing projects to get back to work and new projects to begin. This added responsibility placed a significant burden on staff otherwise committed to permit review and issuance. Despite that burden, permit issuances increased. The pandemic has not had a negative effect on permit submittals to date. 2020 is closely tracking 2019 regarding total building permits submitted. City staff have implemented several measures to get smaller permits approved and out the door more quickly, resulting in an increase in issued permits compared to the pre-pandemic months. While compressed timeframes are not feasible for issuance of complex projects, staff has implemented new policies to try and allow these projects to start more quickly. Permit Submittal and Issuance Data Currently 81 permits are in the review process, with 44 the City’s responsibility. (Others require review by outside agencies like AFPD or the Sanitation District.)The total number in the queue is down significantly from a yearly average of over 100 permits in the queue with 60+ the City’s responsibility. This is despite the annual permit submittal volume tracking closely with previous years. Staff interprets this as a success with respect to Council’s direction to expedite permit issuance as an economic tool. Figure 1: 2020 Permit Submittal Versus Issuance by Month 3 Page 3 of 5 Construction & Economic Recovery Follow-Up Work Session Building permit submittals have remained strong throughout the shutdown and are on pace to match the total number of building permit submitted in 2019. To date in 2020, 247 Building Permits have been submitted, compared to 273 to date in 2019. The following chart compares permit submittal and issuance by month in 2020. The data shows an effective response to Council direction. In the April 27th memo, staff outlined for Council some potentially negative consequences that may result from expediting permit issuance and the resulting increase in construction activity. Those included increased traffic, noise, neighborhood and parking disruptions, etc. Anecdotally, staff has not experienced an increase in resident complaints about construction impacts. There is always concern among residents about the pace, scale, and impacts from construction in town. However, staff believes that these impacts were not exacerbated by the expedition of permits. City Actions to Expedite Permit Review and Issuance The City has adopted a revised, more inclusive, phased permit policy that allows both major commercial and residential projects to start earlier than they would otherwise. While the City’s regulatory environment makes quick approval of major projects challenging, staff has developed a more robust pre-submittal process for these projects to assist them in submitting complete permit documents up front. This process improvement expedited some permits in the last three months. Staff will maintain and refine this approach to continue to improve our process going forward. The building Department enacted administrative changes to free-up additional review time for staff in the review process. Typically, Community Development staff are engaged in special projects, continuing education, and administrative functions in addition to their primary responsibilities in permit review and issuance. By reprioritizing staff time, more time was spent in the last three months on permit review. While beneficial for achieving Council’s goals, this was at the expense of other community, departmental, and staff needs. This policy change cannot sustainably be continued beyond the summer. Additionally, priority has been given to projects likely to be quickly reviewed and approved. This includes minor residential remodels, commercial-core tenant finish permits, and repairs. Weekly, Building Department staff triage the building permits in the queue, identifying those which can be quickly turned around and prioritizing those reviews for the work week. While this approach creates equity issues, with more complex projects potentially seeing longer review times versus smaller permits, it has been an effective tool to respond to Council direction. Staff’s view is that, despite the equity issue, it is better for our customers overall to maintain this practice in the future. Finally, in response to Council direction, departments in the permit review process agreed to implement standard review times for various permit types. Those review times are included in a table as Exhibit A. In the past, review agencies have resisted adopting review times, as the complexity of Aspen’s development environment and regulations, and our customers’ tendency to change projects in process are all barriers to meeting 4 Page 4 of 5 Construction & Economic Recovery Follow-Up Work Session established review times. However, in the context of COVID response, staff has implemented these standards. We continue to monitor their feasibility and effectiveness. Should they be a demonstrated improvement, review agencies may make them a permanent process improvement. Right-Of-Way Construction Season At the April work session, Council requested the staff return mid-summer to discuss the right-of-way construction season dates. At that time, Council directed staff to extend the right-of-way season to July 1st. But additional direction was needed to amend the re- opening date of September 8th. Council may direct staff to re-open the right-of-way for construction before Labor Day. Engineering staff will be on hand at the July 20 th work session to support Council discussion on this topic as needed. Future Improvements As was discussed in the April work session, discussion of expediting permits occurred in the context of a larger effort by staff to work inter-departmentally and with stakeholders in the development industry to make substantive, lasting improvements to the permit process. The goal of this larger effort is to reduce permit turn-around times, improve customer service, and improve organizational efficiency while continuing to deliver on Council and the community’s expectations with respect to development and the built environment. The experimentation required to respond to Council direction in April has yielded new practices (outlined above) which will be made permanent and motivated innovation in the process by all agencies. The ongoing implementation of the City’s web-based Salesforce permitting software has become a powerful tool for analyzing the City’s permitting business practices and making data-driven changes to those practices in the future. As a component of our new permit software, staff is launching a tracking system that will provide data regarding the time each permit was the responsibility of the city (as opposed to the applicant) during the permit review process. This will provide the City with important data regarding the effectiveness of any new improvement initiatives. City staff is also compiling a comprehensive permit submittal-guide to provide step-by- step instructions for applicants for permit submittal. When implemented, this document should significantly reduce the correspondence needed to submit a permit, thereby reducing overall wait times for permits. The volume of permit submittals is tracking with previous years. Staff is stretched thin by the exercise of expediting permits and the complexity of many of our reviews. A major take-away from this exercise is that, without structural changes to the permit process across agencies, expediting permit issuance was, more than anything, a request of staff to narrow its focus, work faster, and work harder. Staff across the permit process responded mightily, demonstrating the capability and commitment of City employees. While the current expectations of review staff are not sustainable, the lessons learned 5 Page 5 of 5 Construction & Economic Recovery Follow-Up Work Session and improvements implemented are an excellent starting point for further, lasting process improvements. Community Development Staffing There are several staffing needs in the Community Development Department, which includes Planning, Zoning, Building, Environmental Health, and Operations divisions. Staff requests Council consider these needs relative to their policy and organizational goals for the 2021 budget year. There are presently two senior level vacancies in the Planning division: Planning Director and Senior Planner. These positions are unfilled due to the hiring freeze implemented in March. There is an ongoing need for senior-level planning assistance. This need creates spill-over effects for the rest of the division, impacting our ability to engage in policy work, manage the current planning case load, and meet customer service expectations. Staff desires to fill these positions in the coming months to meet the needs of Council, the department and community. Additionally, by the end of summer, the Building division will be down a part-time field inspector. This is an essential function of the City, including meeting State requirements for electrical inspection services. Staff is pursuing an inter-governmental agreement with other communities to share inspection capacity, but a long-term solution is needed to ensure continuity of service. Staff’s preference would be to hire a combination plans examiner and inspector to meet the needs of the department and improve the permit process as well. FINANCIAL IMPACTS: N/A. ENVIRONMENTAL IMPACTS: N/A. ALTERNATIVES: N/A RECOMMENDATIONS: Staff recommends Council provide direction to Engineering on the re-opening of the right-of-way construction season. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A: Agency Permit Review Times Table 6 Agency Goals MEPs Emergency Repair Building 20 10 10 10 10 5 5 5 2 2 Engineering 25 20 10 5 25 20 10 5 10 5 10 5 10 5 5 Data 29 9 Zoning 25 20 10 5 25 20 10 5 10 5 10 5 10 5 10 WELS 4 2 Parks HPC Building Note: All times assume a complete submission or resubmission and are based on the time from receipt of a complete submission in the queue to when the building department review is complete. COA projects will require additional time and have no set review times. Temp Encroach Repair- Other Rounds IFFR-1st Round IFFR- Other Rounds Roof-Reroof- 1st Round Roof-Reroof- Other Rounds Building-Major Eng. Review-1st Round Bldg-Minor Eng. Review-1st Round Building-Major Eng. Review- Other Rounds Bldg-Minor Eng. Review-Other Rounds Change Order- Major-1st Round Change Order- Minor-Other Rounds Change Order- Major-Other Rounds Change Order- Minor-1st Round Repair-1st Round 7 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) 8 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. 9 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. 10 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). 11 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. 12 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. 13 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. 14 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 15 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 16 ATTACHMENT B17 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 C18 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 D19 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 20 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 21 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. 22 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. 23 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 24 MEMORANDUM TO:Mayor and City Council FROM: Jessica Roberts, Compensation and Benefits Manager THRU:Sara Ott, City Manager Alissa Farrell, Administrative Services Director Pete Strecker, Finance Director MEMO DATE:Friday, July 17, 2020 MEETING DATE:July 20, 2020 RE:City of Aspen 2021 Employee Total Compensation REQUEST OF COUNCIL:The purpose of this memo is to present the 2021 Employee Total Compensation recommendations and obtain Council feedback for preparation of the 2021 Budget. SUMMARY AND BACKGROUND: The City’s Total Compensation package is updated annually and includes a combination of employee’s base salaries and the benefits that the City provides to full-time, benefited, employees. The current health crisis and resulting economic environment have impacted City budgets, employees, and service delivery models; despite these unprecedented conditions, employees continue to deliver the services essential to the community. Although the long-term impact of COVID-19 to the organization cannot be known at this time, it is assumed that the economic recovery will not be immediate. DISCUSSION:It is with the above noted conditions that the following elements of employee total compensation are discussed: Employee Pay: Base Pay: Base pay is the rate of pay, without any overtime, bonuses, or supplemental pay opportunities. It is recommended to continue the existing base pay with no changes. Merit Pay:Merit pay has been frozen since 4/1/2020 and is the primary tool the City uses to ensure that employee pay is competitive with labor market trends, cost of living, and in assessing total compensation. Currently, there is not any available data, economic or labor market, to suggest that merit pay should be reinstated at this time, or for 2021. However, if economic conditions improve significantly in the beginning of 2021, the City Manager will examine whether to recommend revisiting merit pay through the spring supplemental process. Pausing merit for the time frame of 4/1/2020 to 4/1/2021 (for example) will save the City approximately $950,000. 25 2 | P a g e Cafeteria Benefit: The cafeteria benefit provides funds for employees to elect to use towards their health care, dependent care, or other needs. For 2020, this was $1,000 annually per employee and is generally paid out in January of each year. It is recommended that this benefit is paused for 2021, which will provide a savings of approximately $320,000. Goals and Outcomes: The goals and outcomes program is designed to reward employees that achieve their departmental goals annually, with incentive pay of up to $1,650 per employee. This program is currently paused for 2020 and is recommended to be paused for 2021 as well. Suspending this program represents an annual savings of approximately $520,000. Wellness Program: Considering the current health crisis, the health and wellbeing of employees has likely never been more significant. Through evidence- based initiatives such as supporting annual primary care provider visits and health screenings, this program helps to reduce health care costs, increase productivity and engagement and overall well-being. The current benefits for 2020 is up to $500 annually per employee. Staff recommends continuing this benefit for 2021 which represents an annual cost of approximately $80,000. Total Employee Compensation: The amount of total benefits and compensation is scheduled to decrease in 2021 by $2,650 per full time, benefitted employee. Additionally, the employee will incur a small increase in the cost of employee premiums. Health Plan Design Changes: Employer and Employee Health Plan Premiums: The City’s health benefits are a representation of the commitment the City makes to the health and wellbeing of employees; and are essential to retaining and attracting high performing employees. The current premium and cost share strategy is approximately a 15% employee and 85% employer contribution. The City maintains a robust fund balance, which was $3,542,157.00 at the end of 2019, or approximately 50% of annual total plan costs (~20% in the outyears of total plan costs is more desirable). This balance is intended to support the health plan through unplanned expenses, with an intentional draw down at a sustainable rate over time. Given the current fund balance, and reduction in total employee compensation, staff recommend increasing employer premiums 2% and employee premiums 1%, which leaves a projected fund balance of $3,208,957 in 2021. The 1% increase to employee premiums represents a nominal adjustment to the targeted cost share, while allowing the City to both draw down the fund balance slightly and reduce impact to employee health care during the pandemic and other budget cuts. The alternatives that were evaluated are presented below (Appendix A). Additional changes:The City will continue evaluating health plan design changes through fall of 2020. Confirmed changes to the 2021 health plan include cost containment strategies for the pharmacy spend, with an anticipated savings of $36,000 in 2021, working with other partner employers in the Valley Health Alliance, and other initiatives. 26 3 | P a g e Other Benefits:The employee assistance program (EAP), dental insurance, vision insurance, bus passes, etc. are scheduled to continue to be offered in a similar format and costs as 2020. Compensation Structure: Due to the present economic conditions, it is recommended that the compensation structures (pay ranges on the compensation plans) remain unchanged for 2021. Currently, there is no data available to support compensation structure movement at this time, however, the compensation structure will continue to be evaluated as new labor market data becomes available in June of 2021. RECOMMENDATIONS: 2021 Programs to Pause:Cost Avoidance Merit (up to 4%) - Re-Evaluate in Spring 2021:$950,000 Cafeteria Benefit:$320,000 Goals and Outcomes:$520,000 Total Savings Relative to 2020 Budget:$1,790,000 2021 Premium Recommendations: Employee Premium Increase:1% Employer Premium Increase:2% Projected Ending Fund Balance (2021):$3,208,957 Projected Fund Balance as a Percent of Costs:51% 27 4 | P a g e Appendix A: Health Premium Increase Alternatives: Alternative #1 Considered: Employee Premiums:3% Employer Premiums:3% Projected Ending Fund Balance (2021):$3,272,957 Percent of Total Costs:52% Alternative #2 Considered: Employee Premiums:2% Employer Premiums:2% Projected Ending Fund Balance (2021):$3,216,557 Percent of Total Costs:51% 28 2021 Base Budget Assumptions July 7, 202029 2021 Budget Planning •Tourism is Double Edged Sword Right Now… As of July 17 30 2021 Budget Planning 8%8% -42% -59% -21% -70% -60% -50% -40% -30% -20% -10% 0% 10% 20% Jan Feb Mar Apr May Actuals •Pre-COVID Economy Was Healthy •Through May, Aggregate Sales Tax Collections Down 16% 31 2021 Budget Planning •Annual 2020 Sales Tax Projected To Be Down 25% Category 2019 Actual 2020 Original Budget Current 2020 Projections % Change Accommodations $236,082,300 $241,410,000 $141,665,470 -41% Restaurants $139,010,013 $141,380,000 $84,435,869 -40% Sporting Goods $52,980,072 $53,730,000 $41,704,921 -22% Clothing $63,969,866 $64,500,000 $43,019,502 -33% Food & Drug $59,563,090 $60,120,000 $54,527,035 -9% Liquor $10,937,381 $11,050,000 $10,799,538 -2% Marijuana $11,944,810 $12,390,000 $8,484,580 -32% General & Miscellaneous $72,672,112 $69,280,000 $73,513,190 6% Luxury Goods $38,561,939 $33,620,000 $27,025,362 -20% Utilities $45,624,748 $46,910,000 $43,516,829 -7% Construction $70,395,055 $61,900,000 $69,198,632 12% Automobile $19,433,589 $20,470,000 $11,538,268 -44% Total Taxable $821,174,975 $816,760,000 $609,429,197 -25% 32 2021 Budget Planning •All Funds Are Not Equal •Overall Message of Belt Tightening Still Applies 33 Proposed Assumptions February 24, 202034 2021 Budget Planning •Budget Drivers o Labor Costs o Routine Operations o Capital Outlay 35 2021 Budget Planning •2021 Total Compensation •Pause Annual Cafeteria Benefit ($1,000) •Pause Annual Goals & Outcomes ($1,650) •Decrease in Total Compensation per employee of $2,650 plus absorption of small health insurance premium increase July 2019, 15.0%June 2020, 14.9% 0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 12.0% 14.0% 16.0% 18.0% Staff Turnover Rate (Rolling Average) 36 2021 Budget Planning •2021 Total Compensation •Merit Increase (Up to 4% paused 4/1/2020) •Re-evaluate in Spring of 2021 •Compensation Plan Structure •Ranges –no movement •Continue compensation and classification work City of Aspen 2020 Compensation Plan Hourly 2020 Position Title FLSA Min Mid Max Administrative Assistant II NE $18.55 $22.31 $26.06 Customer Service Officer NE $18.55 $22.31 $26.06 Water Services Technician I NE $18.55 $22.31 $26.06 Wheeler Operations Assistant NE $18.55 $22.31 $26.06 37 2021 Budget Planning •2021 Total Compensation •Healthcare Premium Increase Recommendation: •1% Employee •2% Employer •Continue Wellness Incentive ($500) •Overall goal of balancing fiscal prudence with a total compensation package designed to recruit & maintain an exceptional workforce to serve the community. 38 2021 Budget Planning Together we serve a resilient & agile Aspen community Questions? 39