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HomeMy WebLinkAbout2024-04-01 (Regular) Meeting Agenda Packet Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy - Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, April 1, 2024 ♦ 6:00 PM Council Dinner will be available at 5:30 p.m. To view the meeting, please follow this link to our YouTube live stream link: YouTube 1. Study Session Topic a. City Manager, Shawn Lewis; Deputy City Manager, Tim Dodd; Director of Parks, Recreation, Library and Golf, Christina Underhill; Human Resources Business Partner, Hailey Flexter will lead a Council discussion on diversity, equity, and inclusion programs and concepts in the City of Englewood. 6:00 p.m. to 6:30 p.m. Direction Presentation: 5 minutes Discussion: 25 minutes 1a documents b. Sustainability Coordinator, Melissa Englund will be present to discuss the Low-Income Energy Efficiency Outreach Plan Review. 6:30 p.m. to 7:00 p.m. Information and Direction Presentation: 15 minutes Discussion: 15 minutes 1b documents 2. Call to Order 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of March 18, 2024. 5a documents 6. Appointments, Communications, Proclamations, and Recognition a. Recognition of Brewability for being named the #5 Independent Pizzeria in the United States by OnDeck’s Highest-Rated Independent Restaurant List 7. Recognition of Scheduled Public Comment Public Comment will begin shortly after 7:00 p.m. The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful Page 1 of 119 Englewood City Council Regular Agenda April 1, 2024 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes. Written materials for presentation to Council may be submitted to the City Clerk. a. Kathleen Bailey, an Englewood resident, will address Council regarding the need for actual 25-year rain event capacity infrastructure in the upstream half of the south Englewood Basin. b. Kayleen Nichols, an Englewood resident, will address Council regarding thanks and praise. c. Gary Kozacek, an Englewood resident, will address Council regarding City Council procedures. d. Charles Downing, an Englewood resident, will address Council. 8. Recognition of Unscheduled Public Comment If you would like to sign-up to speak virtually for public comment please visit: Zoom to register or plan to attend the meeting in person. If registering to speak virtually, you will receive a unique and personalized invitation by email to join the meeting. Every speaker who wants to register should sign-up with their own email address. If you do not have an email address or if you have any questions regarding this process, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303- 762-2430. Citizens may also submit written public comments to the City Clerk's Office at CityClerk@englewoodco.gov until 12 p.m. the day after the meeting. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to 3 minutes. Council Response to Public Comment. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB-9 Intergovernmental Government Agreement between Englewood and Littleton for the South Metro Enterprise Zone 9ai documents Staff: Director of Community Development, Brad Power; Economic Development Manager, Darren Hollingsworth b. Approval of Ordinances on Second Reading. c. Resolutions and Motions i. Pirates Cove Food Vendor Contract Page 2 of 119 Englewood City Council Regular Agenda April 1, 2024 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303- 762-2405) at least 48 hours in advance of when services are needed. 9ci documents Staff: Deputy Director of Parks, Recreation and Library, Brad Anderson; Aquatics Manager, Kris Davison ii. 2024 Colorado Municipal League Conference travel request 9cii documents Staff: City Manager, Shawn Lewis iii. Strong Towns National Gathering travel request 9ciii documents Staff: City Manager, Shawn Lewis 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading i. CB-7 Intergovernmental Agreement with Adams County Health Department for the Colorado Local Entity Air Network Program 11bi documents Staff: Sustainability Coordinator, Melissa Englund c. Resolutions and Motions i. Public Building Electrification grant 11ci documents Staff: Sustainability Coordinator, Melissa Englund. 12. General Discussion a. Mayor's Choice i. Announcement of a Special Meeting on Monday April 8, 2024 b. Council Members' Choice 13. City Manager’s Report 14. Adjournment Page 3 of 119 STUDY SESSION TO: Mayor and Council FROM: Christina Underhill, Hailey Flexter, Shawn Lewis, Tim Dodd DEPARTMENT: City Manager's Office DATE: April 1, 2024 SUBJECT: Deputy City Manager Tim Dodd, Director of Parks, Recreation and Library Christina Underhill, and HR Business Partner Hailey Flexter will be present to lead a Council discussion of diversity, equity, and inclusion concepts and projects DESCRIPTION: Requested by Council Members to discuss and make decisions around diversity, equity, and inclusion programs and concepts in the City of Englewood RECOMMENDATION: Staff recommends that Council review information on Diversity, Equity, and Inclusion (DEI) work to date and provide feedback on internal DEI work to date and direction as to whether external DEI efforts should occur. PREVIOUS COUNCIL ACTION:  Council Retreat (January 22, 2021)- Included the Blueprint for Organizational Success into the Strategic Plan, thereby including the diversity and inclusion goal  Supplemental Budget #4 (April 19, 2021)- Authorized funding for a DEI Strategic Plan  Presentation on the purpose, background, development, and initial implementation of the City of Englewood Diversity, Equity, and Inclusion Plan (October 18, 2021) SUMMARY: In focus groups held by the City Manager in 2020, staff members noted the importance of a work culture that supports openness and accessibility. Five task forces, including a Diversity and Inclusion Task Force, were included to address questions and ideas that arose during focus group discussions. The Diversity and Inclusion Task Force developed a report with initial recommendations, which then led to the creation of an internal Diversity, Equity, and Inclusion (DEI) Committee ("DEI Committee"). The DEI Committee worked with a vendor (The Equity Project) to develop the City of Englewood DEI Plan ("DEI Plan"), which includes four goals and 12 actions with voluntary initiatives designed to engage staff members who are interested in participating. ANALYSIS: DEI Committee Page 4 of 119 Made up of employees who volunteered to participate, the DEI Committee formed in 2021 to engage employees interested in participating in DEI efforts and programing. To date, approximately 27 employees chose to participate in the DEI Committee which, through 2023, met on an as-needed basis to develop the DEI Plan with the City's consultant. DEI Plan Goal Actions Staff engagement at all levels  Establish interest groups (completed)  Engage staff through the establishment of a mentorship program  Engage staff through participation in events  Empower staff members through training programs Review of existing policies, codes, and procedures  Review of the Englewood Municipal Code (part of Title 16) (completed)  Review of the City of the City of Englewood Policy Manual Access to information and services  Review and improve existing language pay program (Completed)  Ensure compliance with state laws related to information access on public website (Completed)  Review existing communication platforms and strategies Recruitment and retention of a diverse workforce  Launch of an internship program (Completed)  Review and analyze recruitment strategies  Diversity recruitment strategies and efforts COUNCIL ACTION REQUESTED: Staff recommends that Council review information on Diversity, Equity, and Inclusion (DEI) work to date and provide feedback on internal DEI work to date and direction as to whether external DEI efforts should occur. FINANCIAL IMPLICATIONS: Funds being utilized towards this project were included in the Fiscal Year 2021 budget as part of 2021 Supplemental Budget #4, approved by Council on April 19th, 2021. CONNECTION TO STRATEGIC PLAN: Outcome Area: Governance Goal: Diversity and Inclusion OUTREACH/COMMUNICATIONS: As part of the development of the internal DEI Plan, the City's consultant solicited employee feedback through focus groups and surveys. ATTACHMENTS: Council Presentation- DEI Update City of Englewood Internal DEI Plan Page 5 of 119 Diversity, Equity, and Inclusion (DEI) DEI Staff Committee Pa g e 6 o f 1 1 9 Approach •Internal focus •Opt-in participation model •Staff-driven •Organic •Focus on accessibility and access Pa g e 7 o f 1 1 9 Background •Through focus groups in 2020, staff members expressed interest in having optional diversity, equity, and inclusion programs •In 2020, five task forces were developed to address challenges identified through focus groups •Council provided funding (Supplemental Budget #4 on April 19, 2021) to develop a DEI Strategic Plan •Staff DEI Committee formed to work with the selected vendor to develop the DEI Plan Pa g e 8 o f 1 1 9 DEI Committee •The DEI Committee, made up of employees who volunteered to participate, was established in 2021 for those employees interested in participating in DEI programming •Approximately 27 employees chose to participate in the DEI Committee •From 2021-2023, the Committee met periodically to develop the DEI Plan which was completed in 2023 •Going into 2024, the Committee will meet monthly and track progress on projects included in the DEI Plan Pa g e 9 o f 1 1 9 DEI Plan- Staff-Led, Internally Focused Goal Actions Staff engagement at all levels Establish interest group •Engage staff through the establishment of a mentorship program •Engage staff through participation in events •Empower staff members through training program Review of existing policies, codes, and procedures Review of the Englewood Municipal Code (part of Title 16) •Review of the City of Englewood Policy Manual Access to information and services Review and improve existing language pay program Ensure compliance with state laws related to information access on public websites •Review existing communication platforms and strategies Recruitment and retention of a diverse workforce Launch of an internship program •Review and analyze recruitment strategies •Diversify recruitment strategies and efforts Pa g e 1 0 o f 1 1 9 Questions & Council-Led Discussion Pa g e 1 1 o f 1 1 9 2023 DIVERSITY, EQUITY & INCLUSION PLAN PURPOSE The City of Englewood’s Diversity, Equity and Inclusion Plan provides strategies and ideas to assist the City in instilling diversity, equity, and inclusion as essential parts of policy and decision making. ABOUT THIS PLAN Over the past several years, cities across the United States began to implement diversity, equity, and inclusion programs designed to meet goals related to recognizing and acknowledging diversity, equity, and inclusion among staffs and in communities. In 2020 the City commissioned five internal committees to conduct research, including focus groups, to research and make recommendations related to best practices to meet needs identified by employees. One of the taskforces focused on Diversity and Inclusion, which launched during a time of heightened focus on the need for cities to ensure that different viewpoints, opinions, and thoughts are being recognized. The task force made five recommendations: • Joining the Government Alliance on Race and Equity (GARE) and participate in programs and events; • Commemorate the celebration of diversity and inclusion related days or months through flags on city properties and banners in visible locations in the community; • Incorporate diversity and inclusion themes in painted crosswalks throughout the community; • Create a City of Englewood employee diversity and inclusion themed book club; • Eliminate gender references in the City of Englewood administrative policies; and • Develop diversity and inclusion training and a budget for all City of Englewood employees. In 2021, staff created a Diversity, Equity, and Inclusion (DEI) Committee to implement recommendations made by the task force and to develop a plan with other DEI related projects. Council provided staff with funding to develop a Diversity, Equity, and Inclusion (DEI) strategic plan, an effort that was coordinated by the DEI Committee. The City issued a request for proposals, and selected The Equity Project (TEP) to work with the DEI Committee to develop this plan. Throughout 2022, the DEI Committee worked with TEP to develop this plan which includes strategies that focus on diversity, equity, and inclusion in the city organized around four goals: • Staff engagement at all levels • Review of the city’s policies and procedures • Access to information and services • Welcoming new people to the organization The plan includes projects that the city hopes to complete by the end of 2024. The DEI Committee will provide employees with quarterly progress on this plan and, at the end of each year, provide a detailed report on annual accomplishments. DIVERSITY • We cannot fix all of society’s ills, however we can take steps individually and in our workplace to ensure that systematic ills are not condoned or tolerated • We acknowledge that we can improve diversity in our work environment • We acknowledge that a diverse workplace benefits everyone Page 12 of 119 2023 - DIVERSITY, EQUITY & INCLUSION PLAN During 2023 research and develop a mentorship program for the city to assist with employees’ connections to increase inclusiveness. q This goal advances diversity, equity, and inclusion by: • Strengthening relations and bonds that allow new and existing employees to feel welcomed • Allowing the City to include diversity, equity, and inclusion concepts into new employee orientation and training • Providing an opportunity for employes to serve as mentors and to gain leadership experience through serving as a mentor • Holding events to celebrate diverse groups throughout the year • Establishing DEI training programs focused on a variety of topics, such as types of discrimination, microaggressions, becoming an inclusive leader, multigenerational workforce, and the value of diversity and inclusion in the workforce COMMITTEE MEMBERS Diversity, Equity, and Inclusion Committee Members Dave Lewis, Chair Christina Underhill, Executive Sponsor Alexa Hahn-Dunn Alexandra Conner Ames Stenson Angela Smith Tim Dodd Shawn Lewis Christian Contos Jeff Wenda Kennetha Julien Madeline Hinkfuss Melissa Englund Nancy Fenton Ryan Hunnicutt Sam Watson Shannon Harney Sherry Martin GOAL 1: STAFF ENGAGEMENT AT ALL LEVELS Action Create a proposal for a mentorship program and receive buy-in from City leadership Implement mentorship program Deliverable Date Quarter four of 2023 Second quarter of 2024 Approximate Cost No additional funding needed No additional funding needed Strategy 1.1: Engage staff through the establishment of a mentorship program Action Develop a formal structure in the Human Resources Department to allow for the creation of an affinity group program Launch affinity group program Deliverable Date Fourth quarter of 2023 First quarter of 2024 Approximate Cost No additional funding needed $10,000 if available (A proposal to develop this program at no additional cost will also be developed) Strategy 1.2: Bring together different groups of employees through the establishment of an affinity group program EQUITY • Equity promotes justice, impartiality, and fairness within the procedures, processes, and distribution of resources within our workplace • Equity means that al persons are paid commensurate with their job duties and performance regardless of their race, sex, age or other personal factors • Equity means all persons are provided with resources to succeed at and engage in their job • Equity means opportunities for job growth and career paths are provided equally to everyone with a focus on merit and not privilege Page 13 of 119 2023 - DIVERSITY, EQUITY & INCLUSION PLAN EVENT SPOTLIGHT – Martin Luther King, Jr. Day Parade The City of Englewood actively participates in the City of Denver’s Martin Luther King, Jr. Day Marade. Held each January in downtown Denver, the only one of its kind in the nation, is both a march and parade. It celebrates success and recognition of all the work still to be done to advance civil rights and equality and has grown to be one of the largest Martin Luther King, Jr. Day celebrations in the country. In 2023, the DEI Committee organized the City of Englewood’s participation in this event and plans to do so in future years. Action Establish a calendar of events throughout the year to recognize and celebrate diverse groups Deliverable Date Third quarter of 2023 Approximate Cost No additional funding needed Strategy 1.3: Engage staff through participation in events Action Engage The Equity Project to provide staff training, as included in the City’s contract with TEP Host Lunch and Learn sessions on DEI topics Include DEI training initiatives in the HR Department’s training program, which is currently in development Provide specialized training opportunities on DEI topics as requested and as funds are available Deliverable Date Third quarter of 2023 Second quarter of 2023 First quarter of 2024 Third quarter of 2023 Approximate Cost $12,000 (included in existing contract and appropriation) $500 No additional funding needed $10,000 Strategy 1.4: Empower staff members through training programs To create a more inclusive working environment, by the end of the first quarter 2023, the City Policy manual will be reviewed by a committee which has a DEI member assigned and distributed to city team members. The committee will evaluate and revise policies and language to be more inclusive and equitable for city staff, eliminating biases associated with race, ethnicity, nationality, class, caste, religion, belief, sex, gender, language, sexual orientation, employment, age, veteran status, health, or additional identity status an employee may have. Review the Municipal Code to ensure inclusionary zoning, development, building code (ICC) are affordable and accessible for all socioeconomic demographics, all biases are removed, and definitions are updated to be inclusive of all demographic groups. These biases include, but are not limited to: race, ethnicity, nationality, class, caste, religion, belief, sex, gender, language, sexual orientation, employment, age, veteran status, health, or additional identity status an employee may have. A representative of the committee will participate on any technical review committee to provide a DEI lens. Revisions to the Municipal Code will be reviewed, updated, and presented to the public for comment for comment. GOAL 2: REVIEW EXISTING POLICIES, CODES, AND PROCEDURES Page 14 of 119 2023 - DIVERSITY, EQUITY & INCLUSION PLAN q This goal will address inconsistencies in city policies regarding equity and inclusion by: • Addressing pay inequity, gender bias, and streamlining policies as they relate to individual identifiers; • Addressing much needed changes for affordable housing, growth, development, sustainability, and inclusion; and • Taking a comprehensive approach to reviewing existing policies and procedures. Action Develop a draft of revised policies for review by the city’s leadership team Submit a draft of revised policies to review for consistency and accuracy with new or revised state and federal legislation Adopt and implement new policies and ensure inclusion in new employee orientation Develop and implement a new, inclusive policy review process that includes members of the DEI Committee Deliverable Date Fourth quarter of 2023 Fourth quarter of 2023 First quarter of 2024 Third quarter of 2023 Approximate Cost No additional funding needed No additional funding needed No additional funding needed No additional funding needed Strategy 2.1: Review the City of Englewood Policy Manual Action Complete Title 16 review and present to Council Launch a discussion about the larger comprehensive plan Deliverable Date First quarter of 2024 Third quarter of 2023 Approximate Cost No additional funding needed No additional funding needed Strategy 2.2: Review the Municipal Code The city seeks to provide equitable access to everyone, regardless of human ability and experience. In 2022, the city launched a language pay program to provide stipends to employees who were fluent in another language and willing and able to translate the written and oral word. Also in 2022, the city began efforts to ensure early compliance with a new state law requiring all documents posted on the city’s website to be accessible. q This goal seeks to improve access to city information and services by: • Offering services and information in different languages • Communicating information on a variety of ways and through a variety of platforms • Complying with state and federal laws relative to access to information on public websites GOAL 3: ACCESS TO INFORMATION AND SERVICES INCLUSION • Inclusion is a welcoming culture for all in every space, interaction, and at all levels • Inclusion means a person can be their authentic self in the workplace • Inclusion means there is transparency in our decision making, hiring, and promotion processes • Inclusion means we make an effort to understand another person’s perspective when we disagree • Inclusion means our employee standards, policies, and opportunities are updated routinely to ensure all voices are heard Page 15 of 119 2023 - DIVERSITY, EQUITY & INCLUSION PLAN Action Conduct an analysis of the city’s existing language pay program, launched in 2022 Implement modifications to the language pay program Deliverable Date Fourth quarter of 2023 First quarter of 2024 Approximate Cost No additional funding needed No additional funding needed Strategy 3.1: Review and improve existing language pay program Action Explore new and/or different communication tools to continue to reach broad audiences Implement the use of new and/or different communication tools to continue to reach broad audiences Deliverable Date Fourth quarter of 2023 First quarter of 2024 Approximate Cost No additional funding needed No additional funding needed Strategy 3.2: Review existing communications platforms and strategies Action Complete manual testing of the main city’s website and the South Platte Renew website, and add the remediation plan to the Accessibility plan Complete the remediation plan and train all staff on accessibility by the end of 2023 and maintain compliance Implement a process to continuously ensure compliance Receive WCAG2.1 Level AA compliance for all external digital services Deliverable Date Second quarter of 2023 Fourth quarter of 2023 First quarter of 2024 Third quarter of 2024 Approximate Cost No additional funding needed No additional funding needed No additional funding needed No additional funding needed Strategy 3.3: Ensure compliance with state laws relative to access to information on public websites and reach WCAG 2.1 Level AA compliance on all external digital services DIVERSITY • We cannot fix all of society’s ills, however we can take steps individually and in our workplace to ensure that systematic ills are not condoned or tolerated • We acknowledge that we can improve diversity in our work environment • We acknowledge that a diverse workplace benefits everyone Page 16 of 119 2023 - DIVERSITY, EQUITY & INCLUSION PLAN q This goal seeks to improve our recruitment strategies and processes, such as diversifying our approach to recruitment and removing biases from the hiring process. GOAL 4: RECRUITMENT AND RETENTATION OF A DIVERSE WORKFORCE Action Launch the recruitment for a new internship program, with focused recruitment to various groups Engage interns in at least one DEI focused lecture/ training during their time with the city Deliverable Date First quarter of 2023 Third quarter of 2023 Approximate Cost $70,000 (included in the 2023 budget) No additional funding needed Strategy 4.1: Launch an internship program across city departments Action Develop guidance and training for hiring managers that focuses on addressing bias in the hiring process Review and write standard interview questions, with attention to eliminating bias Deliverable Date First quarter of 2024 First quarter of 2024 Approximate Cost No additional funding needed No additional funding needed Strategy 4.2: Review and analyze recruitment strategies Action Develop a list of diverse organizations with job posting boards Develop a list of diverse organizations with job fairs and recruitment events open to the city Begin posting jobs on a variety of diverse job posting boards and attending recruitment events Deliverable Date Fourth quarter of 2024 Fourth quarter of 2024 Fourth quarter of 2024 Approximate Cost $12,000 (for job posting fees) Approximately $3,000 Included in preceding items needed Strategy 4.3: Diversify recruitment strategies and efforts EQUITY • Equity promotes justice, impartiality, and fairness within the procedures, processes, and distribution of resources within our workplace • Equity means that al persons are paid commensurate with their job duties and performance regardless of their race, sex, age or other personal factors • Equity means all persons are provided with resources to succeed at and engage in their job • Equity means opportunities for job growth and career paths are provided equally to everyone with a focus on merit and not privilege Page 17 of 119 2023 - DIVERSITY, EQUITY & INCLUSION PLAN Accessibility - The extent to which a space is readily approachable and usable by everyone. A space can be described as a physical or literal space, such as a facility, website, conference room, office, or bathroom; or a figurative space, such as a conversation or activity. Culture - Languages, customs, beliefs, rules, arts, knowledge, and collective identities and memories developed by members of all social groups that make their social environments meaningful. Diversity - In the DEI context, the range of human differences which may include, but not limited to, race, ethnicity, gender, gender identity, sexual orientation, age, social class, physical ability or attributes, religious or ethical values system, national origin, and political beliefs. Equality - Efforts to treat everyone the same or to ensure that everyone has access to the same opportunities Equity - Ensuring that access, resources, and opportunities are provided for all to succeed, develop, grow and achieve while also acknowledging that there are barriers faced by certain groups that create imbalances. As not everyone comes from the same starting point, equity recognizes that there is a need to adjust practices to meet people where they are. Inclusion - A (workplace) culture that is welcoming to all people regardless of how they identify. An inclusive workplace ensures that each individual feels like they are part of the collective and that each member is given the same opportunities. GLOSSARY INCLUSION • Inclusion is a welcoming culture for all in every space, interaction, and at all levels • Inclusion means a person can be their authentic self in the workplace • Inclusion means there is transparency in our decision making, hiring, and promotion processes • Inclusion means we make an effort to understand another person’s perspective when we disagree • Inclusion means our employee standards, policies, and opportunities are updated routinely to ensure all voices are heard Page 18 of 119 STUDY SESSION TO: Mayor and Council FROM: Melissa Englund DEPARTMENT: City Manager's Office DATE: April 1, 2024 SUBJECT: Low-Income Energy Efficiency Outreach Plan Review DESCRIPTION: Low-Income Energy Efficiency Outreach Plan has been completed and ready to be reviewed by City Council. RECOMMENDATION: Staff recommends that Council review and provide feedback on the Low-Income Energy Efficiency Outreach Strategy ("outreach strategy.") PREVIOUS COUNCIL ACTION:  March 31, 2022- Approval of 2022-2025 City of Englewood Strategic Plan  August 1, 2022- Approval of Quarter Two, 2022 Strategic Plan update brought to Council  December 12, 2022- Quarter Three, 2022 Strategic Plan update brought to Council  September 11, 2023- Strategic Plan update provided to Council  January 27, 2024- City Council Retreat  March 4, 2024 - Approval of Strategic Plan Update SUMMARY: In response to a project in the Strategic Plan to create a "Low-Income Energy Efficiency Outreach Strategy," city staff compiled background research, resident surveys, and stakeholder interviews into a synthesized action strategy to address the energy burden low-income Englewood residents are facing. This strategy also looks at, and takes into consideration, what other communities are doing throughout the Front Range to address this challenge. ANALYSIS: Energy Burdens One of the main goals of creating and implementing a low-income energy efficiency outreach strategy is to alleviate the energy burden for low-income Englewood residents. Energy burden is when a household spends more than 6% of its income on energy bills. Improving energy efficiency for the city’s most vulnerable and in-need families is a crucial step in not only increasing community well-being, but ensuring an equitable and affordable Englewood. Page 19 of 119 Energy Burdens Faced by Englewood Community Members When looking at the City of Englewood energy burden based on percentage of state median income (SMI), the data provided by the Department of Energy shows those residents making 0- 30% of the median state income spend 8% of their income on energy bills, which is 8x higher than those earning 100% of the SMI. When further analyzed based on those who fall between 0-30% of SMI and building type, those in a one-unit attached home have as high as a 10% energy burden, with one-unit detached homes going up to 9%. Referencing the program participation chart found on page 11 of the strategy, the reader sees that the City of Englewood has low participation in all programs outside of the E3 program (and undecided for Mile High Youth Corps as overall data was unavailable from the organization). The Colorado Affordable Residential Energy (CARE) program has the lowest participation with just one home served in 2022, yet is the program with the highest income eligibility of all the programs. Referencing the City of Westminster case study on page 10 of the strategy, Westminster similarly had one home served in the past until they joined with Energy Outreach Colorado in a partnership to increase outreach, resulting in $46,000 Xcel Energy rebates unlocked for Westminster residents in 2022 and $52,000 in 2023. Renters challenge: approximately 80% of Englewood’s low-income households live in rental units, compared to 20% that own their own home, and 15% of Englewood's low-income families live in a multifamily building. In many rental situations, it is not financially conducive to the landlord to pay to improve the energy efficiency of a property if the tenants pay the utility bill, leaving the tenants with sometimes dated and energy-draining technologies. This is an example of the landlord-tenant split incentive, which occurs when one party (typically the owner) pays for energy improvements while the other party (the tenant) receives the benefits of reduced utility costs and can act as a barrier to implementing energy efficiency improvements in rental properties. This is somewhat changing for larger multifamily buildings because of a new law, HB21-1286, that requires Colorado’s largest buildings to first measure and report their energy use and then gradually reduce it to hit certain targets. Failure to do so will result in recurring fines. Outreach and surveys identified that:  80% of those surveys never used available energy efficiency programs, largely due to them being unaware of the programs  Residents are unsure if they are eligible for available energy efficiency programs  When asked how the city can improve in helping connect residents with available programs residents answered: better and/or increased communications of available programs (44%); send direct mail (31%); and send out emails (25%). After assessing the data gathered and feedback from residents and stakeholders, the following goals, actions, and targets were crafted: GOALS ACTIONS TARGETS Leverage and strengthen partnerships with local Provide and/or secure funding to partner with industry non-profit(s) in Complete by Q4 2025 Page 20 of 119 serving non-profits around energy assistance and efficiency. order to increase energy efficiency retrofits completed in Englewood. Increase resident participation in current low-income energy efficiency programs. Annually track Englewood low-income energy efficiency program participation to help gauge what actions are working and what strategies need to pivot. See a year-over-year increase in Englewood participation in energy efficiency programs. Work with Englewood mobile home communities to coordinate outreach around current energy efficiency offerings that suit their needs. Conduct at least one outreach effort a year. Utilizing the publicly available Building Performance Colorado (BPC) map, assess which multi-family buildings are currently not in compliance with the BPC standards. Create outreach plan with Xcel Energy for those locations on available multifamily energy efficiency program. Reach 100% compliance of multi-family buildings 50,000 square feet or more are with the state’s building performance standards by 2030. Work with Xcel Energy conduct outreach of their multifamily building efficiency program, specifically multifamily buildings under 50,000 square feet or less that are exempt from the state’s building performance standards. Complete assessment of eligible buildings in Englewood by Q4 2024 Initiate specific education and outreach campaigns for different housing types. [Listed in the Sustainability Plan] Continue to develop and improve the E3 Ensure continued 100% participation rate in the Englewood Energy Page 21 of 119 program. Efficient (E3) program. Have a recognized energy efficiency partner specialized in low-income programs attend Englewood events to educate and encourage residents to participate in available programs. Minimum of two events a year Promote landing page on city website that lists all available energy efficiency programs for residents to take advantage of. At least once a year Update and post income eligibility requirements for different energy efficiency programs on city social media channels. Update annually; post at least once a year Include Make finding information on available energy efficiency programs easy, accessible, and frequent to Englewood residents. Include information on energy efficiency programs in the Englewood magazine and newsletter. At least once a year Throughout the process of creating this plan, multiple actions have already been taken to help advance outreach around residential energy efficiency programs:  A residential energy efficiency programs page is now live on the City of Englewood website that lists income eligibility for each program (pending 2024 income eligibility update)  A residential energy efficiency program utility bill insert (March 2024)  Multiple social media posts and e-newsletter pieces around available energy efficiency programs  Secured Arapahoe County Weatherization Assistance Program (WAP) as a tabled vendor at the upcoming Earth Day Celebration event. COUNCIL ACTION REQUESTED: Staff recommends that Council review and provide feedback on the outreach strategy. Page 22 of 119 FINANCIAL IMPLICATIONS: A majority of the goals and actions listed in the Low-Income Energy Efficiency Outreach Strategy are either no to low-cost items, such as costs via printing materials. The one goal that comes with a financial implication is the goal to, "Provide and/or secure funding to partner with industry non-profit(s) in order to increase energy efficiency retrofits completed in Englewood." The City could accomplish this goal through grant funding, such as through the Supplemental Environmental Project (SEP) funds, which has funded projects similar to this before. CONNECTION TO STRATEGIC PLAN: Accomplishes a project found under the Energy goal under the Sustainability priority area, specifically to, "Create energy efficiency outreach and education plan/ strategy around reaching low-income areas to alleviate energy burden." Also helps progress a project in development under the Energy goal to, "Investigate ways to help renters benefit from energy efficiency upgrades and retrofits." Increasing energy efficiency in buildings also helps progress the following metric listed in the Strategic Plan to see a "% reduction in energy use in residential buildings" and "% reduction in carbon emissions." OUTREACH/COMMUNICATIONS:  Stakeholder interviews were conducted with the following organizations to understand the history of Englewood's relationship with that organization as well as to collect baseline data: Energy Outreach Colorado, Mile High Youth Corps, Arapahoe Weatherization Assistance Program, GRID Alternatives, Innovative Housing Concepts, and the Energy Efficient Englewood (E3) program administrator.  Resident surveys were conducted at two Neighborhood Nights events at parks located in or near census blocks with a high percentage of low-income residents (Cushing and Baker Park) as handed out during the door-to-door outreach. Surveys were in both English and Spanish. There were 22 survey responses.  Door-to-door outreach was conducted in a majority of the mobile home parks in Englewood where residents received the same energy efficiency survey as residents at the Neighborhood Nights event.  Plan draft review was conducted by the Sustainability Commission on November 14, 2023 ATTACHMENTS: Low Income Energy Outreach Plan Presentation Low-Income Energy Efficiency Strategy. Page 23 of 119 Low-Income Energy Efficiency Outreach Strategy Presented By Mel Englund, Sustainability Coordinator April 1, 2024 Pa g e 2 4 o f 1 1 9 Agenda •Strategic Plan Connection •The Problem and Goal •Strategy Development Process •Englewood Program Participation •Resident Outreach •Rental /Multifamily •Goals, Actions, Targets •Progress Thus Far •Questions? Pa g e 2 5 o f 1 1 9 Strategic Plan Connection •Energy Goal •Project: "Create energy efficiency outreach and education plan/ strategy around reaching low-income areas to alleviate energy burden." •Project in Development: "Investigate ways to help renters benefit from energy efficiency upgrades and retrofits." •Metric: •% reduction in energy usage in residential buildings •% reduction in carbon emissions Pa g e 2 6 o f 1 1 9 The Problem: The Energy Burden •Energy Burden: When a household spends more than 6% of its income on energy bills. Pa g e 2 7 o f 1 1 9 City of Englewood’s Energy Burden Pa g e 2 8 o f 1 1 9 The Goal of This Outreach Strategy •Alleviate the energy burden by improving household energy efficiency for the city’s low-income households. Pa g e 2 9 o f 1 1 9 Strategy Development Process BACKGROUND RESEARCH STAKEHOLDER ENGAGEMENT FEEDBACK Pa g e 3 0 o f 1 1 9 Englewood’s Program Participation 2022 Pa g e 3 1 o f 1 1 9 Comparing Income Eligibility (2023) Household Size Maximum Gross Annual Income One $34,560 Two $45,192 Three $55,824 Four $66,468 Five $77,100 Six $87,732 Seven $89,724 Household Size Maximum Gross Annual Income One $69,520 Two $79,440 Three $89,360 Four $99,280 Five $107,280 Six $115,200 Seven $123,120 Eight $131,120 Arapahoe Weatherization Assistance Program Colorado’s Affordable Residential Energy (CARE) Program Pa g e 3 2 o f 1 1 9 Resident Outreach •Residential Energy Efficiency Survey •In English and Spanish •Tabled at Two Neighborhood Nights Events •Cushing •Baker •Mobile Home Door-To -Door Pa g e 3 3 o f 1 1 9 Survey Results •80% of the 22 respondents said they had never utilized one of the mentioned energy efficiency programs. •Q: If you have not utilized any of the listed energy efficiency programs, what reason(s) made you not want to participate in them? *One resident used Arapahoe WAP but marked that they did not know about all the other programs. Pa g e 3 4 o f 1 1 9 Survey Results How could the city improve in helping you connect with energy efficiency programs / utility bill assistance programs? Pa g e 3 5 o f 1 1 9 The Importance and Challenge of Rentals ~ 80% of Englewood’s low-income households live in rental units, compared to 20% that own their own home. Landlord-Tenant Split Incentive: When one party (typically the owner) pays for energy improvements while the other party (the tenant) receives the benefits of reduced utility costs and can act as a barrier to implementing energy efficiency improvements in rental properties. Pa g e 3 6 o f 1 1 9 H.B. 21-1286 •Requires Colorado’s largest buildings (50,000 square feet or more)to meet certain energy or greenhouse gas reduction targets •Buildings that do not comply will be fined, which means it may no longer be financially conducive or legal for large building owners to delay energy efficient upgrades. Pa g e 3 7 o f 1 1 9 Goals, Actions, Targets GOAL ACTION TARGET Leverage and strengthen partnerships with local serving non-profits around energy assistance and efficiency. Provide and/or secure funding to partner with industry non-profit(s) in order to increase energy efficiency retrofits completed in Englewood. Complete by Q4 2025 Pa g e 3 8 o f 1 1 9 Goals, Actions, Targets GOAL ACTION TARGET Increase resident participation in current low-income energy efficiency programs. Annually track Englewood low-income energy efficiency program participation to help gauge what actions are working and what strategies need to pivot. See a year-over-year increase in Englewood participation in energy efficiency programs. Pa g e 3 9 o f 1 1 9 Goals, Actions, Targets GOAL ACTION TARGET Initiate specific education and outreach campaigns for different housing types. Work with Englewood mobile home communities to coordinate outreach around current energy efficiency offerings that suit their needs. Conduct at least one outreach effort a year. Utilizing the publicly available Building Performance Colorado (BPC) map, assess which multi family buildings are currently not in compliance with the BPC standards. Create outreach plan with Xcel Energy for those locations on available multifamily energy efficiency program. Reach 100% compliance of multi-family buildings 50,000 square feet or more are with the state’s building performance standards by 2030.Pa g e 4 0 o f 1 1 9 Goals, Actions, Targets GOAL ACTION TARGET Initiate specific education and outreach campaigns for different housing types. Work with Xcel Energy conduct outreach of their multifamily building efficiency program, specifically multifamily buildings under 50,000 square feet or less that are exempt from the state’s building performance standards. Complete assessment of eligible buildings in Englewood by Q4 2024 [Listed in the Sustainability Plan] Continue to develop and improve the E3 program. Ensure continued 100% participation rate in the Englewood Energy Efficient (E3) program. Pa g e 4 1 o f 1 1 9 Goals, Actions, Targets GOAL ACTION TARGET Make finding information on available energy efficiency programs easy, accessible, and frequent to Englewood residents. Have a recognized energy efficiency partner specialized in low-income programs attend Englewood events to educate and encourage residents to participate in available programs. Minimum of two events a year Promote landing page on city website that lists all available energy efficiency programs for residents to take advantage of. At least once a year Pa g e 4 2 o f 1 1 9 Goals, Actions, Targets GOAL ACTION TARGET Make finding information on available energy efficiency programs easy, accessible, and frequent to Englewood residents. Update and post income eligibility requirements for different energy efficiency programs on city social media channels. Update annually; post at least once a year Include information on energy efficiency programs in the Englewood magazine and newsletter. At least once a year Pa g e 4 3 o f 1 1 9 Progress Thus Far Residential Energy Efficiency Page LIVE Residential energy efficiency informational utility bill insert (March 2024) Multiple social media posts, e-newsletters Arapahoe Weatherization to come to Earth Day Celebration Pa g e 4 4 o f 1 1 9 Questions? Pa g e 4 5 o f 1 1 9 LOW-INCOMEENERGY OUTREACH STRATEGY EFFICIENCY 2024 Page 46 of 119 TABLE OF CONTENTS Introduction1. The Energy Burden2. Case Study: Denver Healthy Homes Program3. Strategy Development Process4. Outreach5. Available Energy Programs6. Case Study: The City of Westminster and Energy Outreach Colorado Partnership 7. Case Study: Colorado WAP Electrification of Eagle County Mobile Homes 8. Englewood’s Program Participation (2022)9. Feedback from the Community10. The Importance and Challenge of Multifamily Energy Efficiency11. Case Study: The City of Boulder's SmartRegs Program12. Englewood's Strategy13. Conclusion14. Acknowledgments15. Works Cited16. Appendix A17. Page 47 of 119 Residential Premise Count kWh Electricity Usage Thousands of Therms Gas Usage 2015 (Baseline)15,155 95,995,465 6,890,095 2022 16,328 99,925,036 7,194,519 Difference 1,173 3,929,571 304,424 Percent Difference 7.7%4.1%4.4% INTRODUCTION In 2023, the City of Englewood’s Sustainability Plan was updated with an additional project underneath the “Energy” goal to “Create an energy efficiency outreach and education plan/ strategy around reaching low-income areas to alleviate energy burden.” Improving energy efficiency for the city’s most vulnerable and in-need families is a crucial step in not only increasing community well-being, but ensuring an equitable and affordable Englewood. This strategy also helps the city progress its 2017 Energy Action Plan, which as of 2022, is falling short of reaching its residential energy reduction goal of reducing residential energy usage by .5% annually through 2030. What’s causing the increase? Population growth is a significant driver, with new Englewood residential premises since 2015 accounting for ~5.6 million kWh, which means growth was responsible for about 6% of electricity usage. Electricity use per premise, however, has gone down, from ~6300 kWh/premise to about ~6100 kWh/premise. While population growth poses a hurdle to decreasing a community’s overall energy usage, there are examples of communities accomplishing this, such as Louisville, CO seeing a 7% increase in premises and a 4% decrease in energy use as well as Westminster, CO seeing an 8% increase in premises and a 2% decrease in use (Data provided by Xcel Energy 1/2024). 1 Above data provided by Xcel Energy 1/2024 Page 48 of 119 It is important to note that while this is an outreach strategy to address energy efficiency for low-income households, the creation of this plan is not implying that low-income households are the reason for this increase in energy use for Englewood or even that lower income households are the main energy users. Low-income households do, however, pay more than their higher income neighbors on energy ($1.24 energy per square foot for insecure households vs $.98 per square foot for non-energy insecure households) (Residential Energy Consumption Survey, 2020). It is this inequality that this plan is taking steps to remedy. This plan is also aiming to to help the City of Englewood take advantage of a historical funding moment in history. In 2022, the Inflation Reduction Act (IRA) passed, which included within it $8.8 billion set aside in rebates for home energy efficiency and electrification projects. With this unprecedented funding, there has never been a better time than now to spend time and effort increasing energy efficiency within Englewood as the funding is there. This plan includes the city’s own energy burden statistics, Englewood’s participation with available energy efficiency programs, case studies from other communities on this topic, and Englewood’s low-income energy efficiency outreach strategy, which will ultimately help Englewood progress its vision to advance our community together. 2 Page 49 of 119 One of the main goals of creating and implementing a low-income energy efficiency outreach strategy is to alleviate the energy burden for low-income Englewood residents. One common definition of an energy burdened household is when it spends more than 6% of its income on energy bills (Drehobl et al.). There are many drivers of high energy burdens: Physical: housing characteristics, old and inefficient appliances, etc. Socioeconomic: access to livable wages Policy: energy codes and standards, availability of federal, state, or local aid programs, etc. Behavioral: split incentives between landlord and tenants, limited knowledge or access to information on efficiency programs, etc. Geographical: energy demands based on local climate conditions and weather events THE ENERGY BURDEN QUANTIFYING ENERGY BURDEN Not Burdened: <4 percent gross household income spent on energy needs. Energy Stressed: 4-6 percent gross household income spent on energy needs. Energy Burdened: 7-10 percent gross houshold income spent on energy needs. Energy Impoverished: >10 percent gross household income spent on energy needs. 3 According to the Low-Income Energy Affordability Data (LEAD) tool developed by the U.S. Department of Energy and the National Renewable Energy Lab, the City of Englewood as a whole has an average energy burden of 1%, compared to a statewide average of 2% (DOE, n.d.). This overall statistic, though, masks the on-the-ground realities of Englewood’s most vulnerable populations. This is apparent when the data is broken down further, groups most vulnerable to energy costs are revealed, as you can see in the tables on the next page. Page 50 of 119 Electric Gas 0%-30%30%-60%60%-80%80%-100%100%0 1 2 3 4 5 6 Electric Gas 1 Unit Detached 1 Unit Attached 2 Units 3-4 Units 5-9 Units 10-19 Units 20-49 Units 50+ Units Mobile/Trailer 0 1 2 3 4 5 6 7 When looking at the energy burden based off of percentage of state median income (SMI), the data shows those residents making 0-30% of the median state income spend 8% of their income on energy bills, which is 8x higher than those earning 100% of the SMI. When further analyzed based on those who fall between 0-30% of SMI and building type, those in a one-unit attached home have as high as a 10% energy burden, with one-unit detached homes going up to 9%. Area Median Income (AMI)Percent Energy Burdened (%)CITY OF ENGLEWOOD ENERGY BURDEN BY AMI BUILDING TYPE Percent Energy Burdened (%) ENERGY BURDEN BY BUILDING TYPE FORCITY OF ENGLEWOOD 0-30% AMI 4 Page 51 of 119 The Healthy Homes Program is provided by the City and County of Denver Office of Climate Action, Sustainability & Resiliency (CASR), and administered by Energy Outreach Colorado (EOC). The program works with income-qualified, climate-vulnerable households to reduce energy bills, greenhouse gas emissions, and exposure to pollutants while improving indoor air quality. The program is open to renters, single-family homeowners, townhomes, duplexes, or mobile homes. Over the next three years, this new program (2022) is aiming to cover the full cost and effort of assessing and then retrofitting 200 low-income Denver households to be free of air pollutants and health hazards like mold, asbestos, radon, pests, dusty duct systems, and fossil fuel combustion byproducts, followed by full energy efficiency upgrades like better insulation and all-new high-efficiency electric appliances (heat pumps, heat pump water heaters, induction stoves, etc.). Finally, the program provides the homes with a community solar subscription to eliminate most of the remaining energy bills. The program will work with healthcare providers, like Denver Health and Colorado's Children's Hospital, to find especially vulnerable individuals to poor air quality (Brasch, 2022). Although typically the cost for providing such comprehensive services would be quite high, the providers are combining state “pre-weatherization” funding, regular weatherization funding, new federal incentives, utility rebates, and other sources to make the whole program affordable and replicable. This program is especially notable because it tackles the overlapping nature of these problems. For instance, many homes are ineligible for weatherization until they fix mold and asbestos problems; many houses won’t see the benefits of new heating and cooling systems if the conditioned air quickly leaks out of the house; and many households don’t have the time, money, or know-how to even know where to start. CASE STUDY:DENVER HEALTHY HOMES PROGRAM 5 Page 52 of 119 BACKGROUND RESEARCH: The US Department of Energy (DOE) partnered with state and local governments to create the Clean Energy for Low-Income Communities Accelerator (CELICA) to help lower energy bills for low-income communities. CELICA provides valuable resources that Englewood used to create this strategy. First, the city filled out the CELICA Community Assessment and Barriers Analysis (U.S. Department of Energy, n.d), which helped Englewood gather all needed information to begin this strategy, such as listing out all current low-income energy efficiency program offerings as well as helping to identify top energy-burdened demographics via the Department of Energy’s Low-Income Energy Affordability Data (LEAD) tool. Analysis of other communities' energy efficiency programs and offerings was conducted by the city's intern in 2022 and continued on by the city’s Sustainability Coordinator. The city’s Sustainability Coordinator then did an analysis of current energy efficiency programs and the city’s participation and historical relationship with those programs. STAKEHOLDER ENGAGEMENT: Interviews were conducted with relevant stakeholders, which included: Arapahoe County's Weatherization Assistance Program, Energy Outreach Colorado, Mile High Youth Corps, GRID Alternatives, Innovative Housing Concepts, and Englewood residents. FEEDBACK: The draft version of this strategy was reviewed by the city's Sustainability Commission, relevant stakeholder groups, and internal leadership. STRATEGY DEVELOPMENT PROCESS 6 Page 53 of 119 OUTREACH It was imperative that the city receive direct feedback from Englewood residents around this outreach strategy to be successful. The city's Sustainability Coordinator tabled at two Neighborhood Night events located in or near lower income census blocks (Cushing Park and Baker Park). At these events, residents were offered a $10 Nixon's Coffeehouse gift card if they were willing to complete an energy efficiency survey, which was offered in both English and Spanish. To review the survey questions, go to Appendix A. Additionally, the Sustainability Coordinator, Neighborhood Resources Program Manager, and Public Information Officer conducted direct door-to-door outreach to five of the seven mobile home parks located in Englewood. Residents in these communities were given free resources including items such as a reusable bag and LED bulb kit. Additionally, residents had the option to take the energy efficiency survey mentioned above and received a $10 Nixon's Coffeehouse gift card as well. Results are analyzed on page 12 and 13. 7 Page 54 of 119 ASSESSMENT AND RETROFIT PROGRAMS Energy Efficient Englewood (E3) Offers grants to low and moderate-income Englewood homeowners. The grants are up to a maximum of $8,000 per household for energy efficiency upgrades as determined by a free energy audit. The grant requires a 20% match from the homeowner; however, if the homeowner does not have the required match then a declining lien may be available. Arapahoe County Weatherization Assistance Program (WAP) A free professional audit for low-income homes to determine what energy-conserving updates or installations will keep the home cooler in the summer, warmer in the winter and lower utility bills. This program provides long-lasting efficiency improvements, such as sealing air leaks, furnace replacements, refrigerator trade-ins, and possible solar installations. Colorado's Affordable Home Energy (CARE) Program This program is run through Energy Outreach Colorado and focuses on a home’s energy efficiency, which is a crucial component to overall energy costs and comfort during the hottest and coldest months of the year. This program offers energy audits, energy conservation education, upgrades such as LED light bulbs, low-flow fixtures, Energy Star refrigeration, air sealing, insulation, and HVAC services. Mile High Youth Corps Offers free energy and water assessments for qualifying households in the Front Range. Home assessments include the installation of toilets, programmable thermostats, lights, showerheads and faucet aerators. Services available to both renters and owners Multifamily Affordable Housing Weatherization Program In partnership with Energy Outreach Colorado, Xcel provides energy efficiency support to decrease energy costs in Multifamily Buildings. To qualify, at least 66% of a building’s population must be at or below 60% of the state median income. AVAILABLE ENERGY PROGRAMS The following is a high level overview of available low-income energy programs. Others may be available that are not listed. 8 Page 55 of 119 ASSESSM ENT AND RETROFIT PROGRAMS CONTINUED Multifamily Building Efficiency Program Xcel Energy program available for any multifamily building with five or more units. Provides free energy assessment as well as direct installs of free energy saving products. RENEWABLE ENERGY PROGRAMS GRID Alternatives Low-income homeowners with a qualifying roof can receive a free solar PV system. The homeowner will be the owner of the solar system; there are no liens or loans—or any out- of-pocket costs, for that matter—associated with the installation. All solar costs are covered by Community Development Block Grant (CDBG) programs. BILL PAYMENT PROGRAMS Low-income Energy Assistance Program (LEAP) A federally funded program that helps income eligible families, seniors, and individuals pay a portion of their winter home heating costs. Also assists with repair and/or replacement of inoperable heating systems. Percentage of Income Payment Program (PiPP) Ensures consumers are not spending more than 6% of their monthly income on electric and natural gas bills. Currently, consumers may qualify for PIPP after they have worked with the LEAP program to determine eligibility. 9 Page 56 of 119 In 2022, the City of Westminster's Sustainability Office provided energy efficiency retrofits to low-income homeowners to reduce their energy bills and increase home comfort. To do so, the Office partnered with Energy Outreach Colorado (EOC), a metro-area nonprofit that improves the energy efficiency of lower-income homes. EOC installs insulation, LED lighting, programmable thermostats, and other energy efficiency upgrades, primarily relying on funding from Xcel Energy. The City initiated a new partnership with EOC in 2022 and provided $8,000 in funding to unlock $46,000 in additional Xcel rebate funding. The funds helped upgrade seven homes, an increase from just one Westminster project in 2021. In 2023, the City provided $7,000 to unlock $52,000 in additional Xcel rebates, which supported nine homes. Staff will continue working with EOC to increase the number of energy efficient homes. Write-up provided by Energy Outreach Colorado and City of Westminster. CASE STUDY:CITY OF WESTMINSTER AND ENERGYOUTREACH COLORADO PARTNERSHIP Similar to the City of Westminster, the City of Englewood only had one home served by the CARE program in 2022, showing a huge opportunity and need for increased partnership between the city and non-profit partners who specialize in this field. 10 Page 57 of 119 ENGLEWOOD’S PROGRAMPARTICIPATION (2022) Energy Efficient Englewood (E3) Arapahoe County Weatherization Assistance Program Grid Alternatives - Energy for All Program Colorado’s Affordable Residential Energy (CARE) Multi-Family Affordable Housing Weatherization (Xcel) Mile High Youth Corps Program Funding or Capacity $114,750 155 Jobs Completed in Arapahoe County 14 Arapahoe County ~600 57 Colorado Data Unavailable Funding or Spots Claimed by Englewood $114,750 13 Englewood 3 Englewood 1 Englewood 1 Englewood 8 Englewood Eligible to Renters?No Yes (Landlord Approval)No Yes (Landlord Approval) N/A Yes (Landlord Approval) The total budget available in 2022-2023 to serve Arapahoe County’s Weatherization Assistance Program (WAP)*, of which only $702,000 was tapped into by Arapahoe County and just $31,127 by Englewood. $2.5 - $6 Million Only one of the 600 houses that participated in Energy Outreach Colorado's CARE Program was from Englewood in 2022. 1 of 600 Capacity reached for Englewood's Energy Efficient Englewood (E3) program in 2022.100% Participation data provided directly from each program’s administrators. 11*Serves both Arapahoe and Adams County Page 58 of 119 FEEDBACK FROM THE COMMUNITY Q: If you have not utilized any of the listed energy efficiency programs, what reason(s) made you not want to participate in them? Q: Which of the following resources do you use to get information from? *One resident used Arapahoe WAP but marked that they did not know about all the other programs. Facebook Instagram NextDoor News - Online TikTok Newspaper News - Television Other 0 2 4 6 8 10 12 12 Unaware of programs* 62% Unsur e i f e l i g i b l e 9.5% Not eligible 14% D o n ’ t h a v e t i m e 9. 5 % D o n ’ t n e e d 5 % There were a total of 22 survey respondents. Of those surveyed, 80% said they had never utilized any of the mentioned energy efficiency programs (See full list in appendix A). Page 59 of 119 FEEDBACK FROM THE COMMUNITY,CONTINUED Q: What are the biggest energy upgrades or items you need improved in your home right now? Q: How could the city improve in helping you connect with energy efficiency programs / utility bill assistance programs? 13 Better and / or increased communications of available programs 44% Send out emails 25% Send direct mail 31% Windows 27.3% Insulation 4.5% Everything 4.5% S m art Ther m ostat 4.5 % H e a t P u m p 4 . 5 % W a t e r H e a t e r 4 . 5 % Nothing 18.2% Heater 14% Doors 9% Solar 9% Page 60 of 119 In 2021, the Colorado Energy Office (CEO) and local partners transitioned five mobile homes in Eagle County from propane to fully electric heating and cooking. This was done through Colorado’s Weatherization Assistance Program (WAP), where WAP service provider Northwest Colorado Council of Governments (NWCCOG) conducted the retrofits and Eagle County, Walking Mountains Science Center, and Holy Cross Energy provided funding and outreach support that allowed WAP dollars to be leveraged most effectively. Additional investments into the mobile homes were also made to reduce energy costs (Colorado Energy Office, 2021). COLLECTIVELY, THESE WAP PROJECTS: Reduce electricity costs on average by 26.4% Eliminate $60 per month in propane costs Save each household an average of $110 per month in utility bills Reduce each home’s greenhouse gas emissions by an estimated 6.4 tons per year Eliminate existing fire hazards by upgrading electrical service Eliminate propane leaks and remove carbon monoxide-producing ovens and hazardous space heaters Improve ventilation and indoor air quality “The Weatherization Assistance Program introduces technologies to Coloradans who otherwise could not afford them━an invite for them to participate in the clean energy economy and enjoy its health and economic benefits. These projects are a demonstration of this invitation and a promise to Coloradans that they won’t get left behind.” Ryan Harry, WAP Director at the Colorado Energy Office CASE STUDY: ELECTRIFICATION OF EAGLECOUNTY MOBILE HOMES 14 Page 61 of 119 IMPORTANCE AND CHALLENGE OFENERGY EFFICIENCY IN RENTALS Approximately 80% of Englewood’s low-income households live in rental units, compared to 20% that own their own home. This is becoming more stark as housing prices rise, leaving many more younger families unable to afford a home purchase compared to previous generations. A huge challenge stands in the way of increasing energy efficiency in rental properties; however, in many rental situations, it is not financially conducive to the landlord to pay to improve the energy efficiency of a property if the tenants pay the utility bill, leaving the tenants with sometimes dated and energy-draining technologies. This is an example of the landlord-tenant split incentive, which occurs when one party (typically the owner) pays for energy improvements while the other party (the tenant) receives the benefits of reduced utility costs and can act as a barrier to implementing energy efficiency improvements in rental properties (City and County of Denver, n.d.). A CLOSER LOOK AT MULTIFAMILY Overall, 41% of Englewood households live in a multifamily building, 15% of Englewood’s low-income families live in a multifamily building. This highlights the importance of reaching multifamily property owners and improving their participation in energy-saving programs. According to the American Council for an Energy-Efficient Economy (ACEEE), Colorado has among the highest potential to see large savings from increased multifamily building energy efficiency improvements, as you can see in the graphic on the following page (American Council for an Energy-Efficient Economy, n.d.). 15 Page 62 of 119 Englewood’s multifamily buildings, however, face the same “split incentives” problem as most other rentals, leaving residents in these buildings to pay higher energy bills and face higher energy burdens. This is somewhat changing for larger multifamily buildings because of a new law, HB21- 1286, that requires Colorado’s largest buildings to first 16 Source: American Council for an Energy-Efficient Economy, n.d. measure and report their energy use then gradually reduce it to hit certain targets (Colorado Department of Public Health and Environment, n.d.). In August 2023, the Air Quality Control Commission approved the building performance standards rule implementing the law, and it is expected to be finalized November 2023. It applies to commercial, multifamily, and public buildings 50,000 square feet or larger -- including an estimated 20 multifamily buildings in Englewood. It gives building owners a choice of several flexible pathways to comply with the rule, including an energy efficiency target, a greenhouse gas emissions target, a standard energy efficiency percentage improvement, and some renewable energy options, plus a timeline or target adjustment for buildings with special circumstances. Buildings that do not comply will be fined, which means it may no longer be financially conducive, prudent, or legal for large building owners to delay energy efficient upgrades. Page 63 of 119 It can be challenging improving the energy efficiency of rental properties since many times building owners need to be the ones to pay for and sign off on any permanent improvements but, as discussed above, the building owners don’t receive the savings from the lower energy bills. In 2010, the City of Boulder tackled this issue by making energy efficiency standards part of its rental housing requirements, requiring all rental housing to demonstrate they are about as efficient as buildings built to the 1999 Energy Code. The program applies to all long-term licensed rental housing, ranging from single-family homes to large apartment buildings. To be in compliance, a property owner can either: (1) achieve a score of 120 or better through the Home Energy Rating System (HERS), a nationwide scoring system; or (2) achieve at least 100 points on a scoring checklist the city developed based on energy and carbon savings for specific measures. Two water efficiency points are also required. As of the end of 2018, the city estimated the program had saved about 1.9 million kWh of electricity, 460,000 therms of natural gas, $520,000 in energy costs, and 3,900 million metric tonnes of CO2. As of 2022, of the approximately 20,000 licensed rental units in Boulder, roughly half have gone through the SmartRegs process. More than 7,000 of those units are in compliance, including 1,650 affordable units (Nadel & Hinge, 2023). CASE STUDY: THE CITY OF BOULDER'SSMARTREGS PROGRAM Rental housing units make up 50.8% of all residential units in Englewood, with 44.6% of residents living in rental housing units. (American Community Survey 2017-2022) 17 Page 64 of 119 GOALS ACTIONS TARGETS Leverage and strengthen partnerships with local serving non-profits around energy assistance and efficiency. Provide and/or secure funding to partner with industry non-profit(s) in order to increase energy efficiency retrofits completed in Englewood. Complete by Q4 2025 Increase resident participation in current low-income energy efficiency programs. Annually track Englewood low-income energy efficiency program participation to help gauge what actions are working and what strategies need to pivot. See a year-over-year increase in Englewood participation in energy efficiency programs. Initiate specific education and outreach campaigns for different housing types. Work with Englewood mobile home communities to coordinate outreach around current energy efficiency offerings that suit their needs. Conduct at least one outreach effort a year. Utilizing the publicly available Building Performance Colorado (BPC) map, assess which multi-family buildings are currently not in compliance with the BPC standards. Create outreach plan with Xcel Energy for those locations on available multifamily energy efficiency program. Reach 100% compliance of multi-family buildings 50,000 square feet or more are with the state’s building performance standards by 2030. Work with Xcel Energy conduct outreach of their multifamily building efficiency program, specifically multi- family buildings under 50,000 square feet or less that are exempt from the state’s building performance standards. Complete assessment of eligible buildings in Englewood by Q4 2024 [Listed in the Sustainability Plan] Continue to develop and improve the E3 program. Ensure continued 100% participation rate in the Englewood Energy Efficient (E3) program. ENGLEWOOD'S STRATEGY Below is the City of Englewood’s strategies for increasing energy efficiency within the city’s low-income households. 18 Page 65 of 119 GOALS ACTIONS TARGETS Make finding information on available energy efficiency programs easy, accessible, and frequent to Englewood residents. Have a recognized energy efficiency partner specialized in low-income programs attend Englewood events to educate and encourage residents to participate in available programs. Minimum of two events a year Promote landing page on city website that lists all available energy efficiency programs for residents to take advantage of. At least once a year Update and post income eligibility requirements for different energy efficiency programs on city social media channels. Update annually; post at least once a year Include information on energy efficiency programs in the Englewood magazine and newsletter.At least once a year 19 Page 66 of 119 Englewood’s Low-Income Energy Efficiency Outreach Strategy is an ongoing, dynamic effort, that will grow and be modified with the community based on the community's changing needs. The city welcomes all individuals, families, groups, and organizations to join us in proliferating energy efficiency -- and its savings -- so that all Englewood residents can enjoy the benefits of an energy efficient living space. In summary: Englewood needs to foster relationships and partnerships with non- profit energy efficiency program providers. Englewood residents are not taking full advantage of the programs available to them -- largely from not knowing they exist and not knowing if they’re eligible. Creativity is needed to address the challenge of energy efficiency upgrades being difficult for renters to access and benefit from. While the city has historic success with the E3 program, the same cannot be said for the other energy programs. This is likely due to relationships and partnerships not being fostered in the past with other energy efficiency program providers. The talent and funding is there, what's needed is to connect residents to what is available. Residents can be wary or untrusting of the government, so initiating strategic partnerships with non-profits who have built relationships and trust with the community is a key way to bridge the gap. Renters oftentimes struggle the most with energy efficiency upgrades and retrofits since it is up to the landlord -- not them -- to sign off on the energy efficiency upgrades. Continued creative thinking is needed on ways to address this issue, with lessons learned being widely shared with others for learning and collaboration. CONCLUSION 20 Page 67 of 119 Thank you to the individuals and organizations who helped inform and shape this strategy. Regina Bosma Administrative Support Specialist, Arapahoe County Weatherization Assistance Program (WAP) Nate Edge Project Manager: Energy and Water Conservation, Mile High Youth Corps Mel Englund Sustainability Coordinator, City of Englewood Crystal Essman Community Relations, City of Englewood Nancy Fenton Community Development Department Administrator, City of Englewood Chelsea Gaines Outreach Manager, GRID Alternatives Lindsey Gorzalski Executive Director, Innovative Housing Concepts Madeline Hinkfuss Neighborhood Engagement Program Manager, City of Englewood Mitchell Ruter Residential Program Manager, Energy Outreach Colorado City of Englewood Sustainability Commission ACKNOWLEDGEMENTS 21 Page 68 of 119 American Council for an Energy-Efficient Economy. (n.d.). The Multifamily Energy Savings Project. https://www.aceee.org/multifamily-project Brasch, S. (2022, October 10). Denver has a new program to swap out gas stoves and furnaces in low-income homes. Denverite. https://denverite.com/2022/10/11/denver-has-a-new-program- to-swap-out-gas-stoves-and-furnaces-in-low-income- homes/#:~:text=The%20new%20Healthy%20Homes%20Program,%246%20million%20partne rship%20on%20Tuesday. City and County of Denver. (n.d.). Smart Leasing and Energize Denver. https://www.denvergov.org/Government/Agencies-Departments-Offices/Agencies- Departments-Offices-Directory/Climate-Action-Sustainability-Resiliency/High-Performance- Buildings-and-Homes/Energize-Denver-Hub/Resources-for-Building-Owners/Smart-Leasing- and-Energize- Denver#:~:text=A%20split%20incentive%20occurs%20when,efficiency%20improvements%20i n%20rental%20properties. Colorado Department of Public Health & Environment. (n.d.). Building performance standards rule. Reducing greenhouse gas emissions from buildings. https://cdphe.colorado.gov/air- pollution/building-performance-standard-rule Colorado Energy Office. (2021, September 2). Colorado Weatherization Assistance Program successfully transitions Eagle County Mobile Homes to fully electric power for heating and cooking. Colorado Weatherization Assistance Program successfully transitions Eagle County mobile homes to fully electric power for heating and cooking | Colorado Energy Office. https://energyoffice.colorado.gov/press-releases/colorado-weatherization-assistance-program- successfully-transitions-eagle-county Colorado General Assembly. (2021, June 8). Energy performance for buildings. Energy Performance For Buildings. https://leg.colorado.gov/bills/hb21-1286 DOE [Department of Energy]. (n.d.). LEAD Tool. Energy.gov. Retrieved March 20, 2023, from https://www.energy.gov/scep/slsc/lead-tool Drehobl, A., Ross, L., & Ayala, R. (2020, September). How High Are Household Energy Burdens? An Assessment of National and Metropolitan Energy Burden across the United States. https://www.energy.gov/sites/default/files/2021- 12/ACEEE%2C%20Household%20Enegy%20Burdens.pdf WORKS CITED 22 Page 69 of 119 Gruenwald, T., Seals, B. A., Knibbs, L. D., & Hosgood, H. D. (2022). Population attributable fraction of gas stoves and childhood asthma in the United States. International Journal of Environmental Research and Public Health, 20(1), 75. https://doi.org/10.3390/ijerph20010075 Lukanov, PhD, B., Makhijani, PhD, A., Shetty, MESM, K., Kinkhabwala, PhD, Y., Smith, MPH, A., & Krieger, PhD, E. (2022, January). Pathways to Energy Affordability in Colorado. PSE. https://www.psehealthyenergy.org/our-work/publications/archive/energy-affordability-colorado/ Nadel, S., and A. Hinge. 2023. Mandatory Building Performance Standards: A Key Policy for Achieving Climate Goals. Washington, DC: American Council for an Energy-Efficient Economy. Residential Energy Consumption Survey (RECS) 2020. U.S. Energy Information Administration. (2023, March). https://www.eia.gov/consumption/residential/data/2020/index.php? view=characteristics U.S. Department of Energy. (n.d.). Clean energy for low income communities: Community assessment and barriers analysis. Clean Energy for Low Income Communities: Community Assessment and Barriers Analysis | Better Buildings Initiative. https://betterbuildingssolutioncenter.energy.gov/CELICA-Toolkit/community-assessment-and- barriers- analysis#:~:text=This%20tool%20helps%20users%20integrate,susceptibility%20to%20extrem e%20weather%20events). WORKS CITED 23 Page 70 of 119 Energy Efficiency Survey Questions Are you an Englewood resident? Y/N1. Which of the following applies to your current living situation?2. I own a house / condo / townhousea. I own a mobile homeb. I rent a housec. I rent in an apartmentd. Othere. Have you utilized any of the following energy efficiency programs in the time you’ve lived in Englewood? (Select all that apply) 3. Arapahoe County Weatherization Assistance Program (WAP)a. Mile High Youth Corps Energy and Water Efficiency Assessmentb. Colorado’s Affordable Residential Energy (CARE) Programc. Energy Efficient Englewood (offers grants to low and moderate income Englewood homeowners for energy efficiency upgrades) d. I have no utilized any of these programse. Otherf. If you have not utilized any of the above programs, what reason(s) made you not want to participate in them? 4. Which of the following resources do you use to get information from (check all that apply)?5. Facebooka. Instagramb. TikTokc. NextDoord. Newspapere. News - Televisionf. News - Onlineg. Otherh. What are the biggest energy upgrades or items you need improved in your home right now?6. How could the city improve in helping you connect with energy efficiency programs / utility bill assistance programs? 7. Energy Efficiency Survey Questions Are you an Englewood resident? Y/N Which of the following applies to your current living situation? I own a house / condo / townhousea. I own a mobile homeb. I rent a housec. I rent in an apartmentd. Othere. Have you utilized any of the following energy efficiency programs in the time you’ve lived in Englewood? (Select all that apply) Arapahoe County Weatherization Assistance Program (WAP)a. Mile High Youth Corps Energy and Water Efficiency Assessmentb. Colorado’s Affordable Residential Energy (CARE) Programc. Energy Efficient Englewood (offers grants to low and moderate income Englewood lhomeowners for energy efficiency upgrades) d. I have no utilized any of these programse. Otherf. If you have not utilized any of the above programs, what reason(s) made you not want to participate in them? Which of the following resources do you use to get information from (check all that apply)? Facebooka. Instagramb. TikTokc. NextDoord. Newspapere. News - Televisionf. News - Onlineg. Otherh. What are the biggest energy upgrades or items you need improved in your home right now? How could the city improve in helping you connect with energy efficiency programs / utility bill assistance programs? APPENDIX A ENERGY EFFICIENCY SURVEY QUESTIONS 24 Page 71 of 119 MINUTES City Council Regular Meeting Monday, March 18, 2024 1000 Englewood Parkway - 2nd Floor Council Chambers 6:00 PM 1 Study Session Topic a) Representatives from Denver Fire were present to provide a report regarding fire services in Englewood. The meeting recessed at 7:01 p.m. for a break The meeting reconvened at 7:09 p.m. with all seven council members present. 2 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Pro Tem Anderson at 7:09 p.m. 3 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Pro Tem Anderson. 4 Roll Call COUNCIL PRESENT: Mayor Othoniel Sierra - attended virtually Mayor Pro Tem Joe Anderson Council Member Steve Ward Council Member Chelsea Nunnenkamp Council Member Rita Russell Council Member Tena Prange Council Member Kim Wright COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis Assistant City Attorney Renteria City Clerk Carlile Senior Deputy City Clerk McKinnon Deputy City Manager Dodd Director of Utilities and South Platte Renew Van Ry Director of Community Development Power Sustainability Coordinator Englund, City Manager's Office Page 1 of 7 Draft Page 72 of 119 City Council Regular March 18, 2024 Golf Manager Buccio, Parks, Recreation Library, and Golf Economic Development Manager Hollingsworth, Community Development Audio Visual Engineer Hessling, Information Technology Systems Administrator Munnell, Information Technology Senior Tech Support Analyst Johnson-Rocho, Information Technology Officer Benkelman Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of March 4, 2024. Moved by Council Member Steven Ward Seconded by Council Member Tena Prange APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 4, 2024 For Against Abstained Chelsea Nunnenkamp x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Seconded By) x Kim Wright x Steven Ward (Moved By) x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Recognition of Stephanie Carlile, for fulfilling the requirements to become an Athenian Fellow of the International Institute of Municipal Clerks (or IIMC) Athenian Leadership Society 7 Recognition of Scheduled Public Comment a) Marcia McGilley, Executive Director of Aurora-South Metro Small Business Development Center, and Laurie Womer, Associate Director of Aurora-South Metro Small Business Development Center were present to address Council regarding the Small Business Development Center Annual Update. b) Kathleen Bailey, an Englewood resident, addressed Council regarding the need for an actual 25-year rain event capacity infrastructure in the upstream half of the south Englewood Basin. c) Chris Cordova addressed Council regarding the Standards of Behavior policy. d) Robert Merriman, an Englewood resident, addressed Council regarding Movement 5280. Page 2 of 7 Draft Page 73 of 119 City Council Regular March 18, 2024 e) Lori Merriman, an Englewood resident, addressed Council regarding Movement 5280. f) Stephen Sanford, an Englewood resident, addressed Council regarding Movement 5280. g) Tami Fischer, an Englewood resident, addressed Council regarding Movement 5280. h) Greg Aden, an Englewood resident, addressed Council regarding Movement 5280. i) Tania Diller, an Englewood resident, addressed Council regarding Movement 5280. j) Regan Benson addressed Council regarding when people fear their government. k) Gary Kozacek, an Englewood resident, addressed Council regarding Judge Jefferson's salary and issues within the City. l) Nicholas Young, an Englewood resident, addressed Council regarding City policies and Englewood Police Department's responsibilities to citizens. m) Robert Stocker, an Englewood resident, was scheduled to speak but was not present. n) Tom Novosad, an Englewood resident, addressed Council regarding a flyer left on his doorstep concerning homelessness. o) Ben Olsen, an Englewood resident, addressed Council regarding his experience living near Movement 5280. p) Kristen Vitale, an Englewood resident, addressed Council regarding the impact of the 5280 Hub on the neighborhood’s well-being. 8 Recognition of Unscheduled Public Comment a) Mark Wakefield, an Englewood resident, addressed Council regarding Movement 5280. b) Issac Smeltzer, an Englewood resident, addressed Council regarding the Movement 5280. c) Rachel Bacher, an Englewood resident, addressed Council regarding Movement 5280. d) Gina Sheltzer addressed Council regarding the community. e) Tracey Brummett addressed Council regarding Cafe 180. f) Kelly McCloskey, an Englewood resident, addressed Council regarding Movement 5280. g) Mike Stephen, an Englewood resident, addressed Council regarding Movement 5280. Page 3 of 7 Draft Page 74 of 119 City Council Regular March 18, 2024 h) Tina Hayhurst addressed Council regarding Movement 5280. i) Bella Lucero addressed Council regarding Movement 5280. j) Sherliy McChesney, an Englewood resident, addressed Council regarding Movement 5280. k) Amaya Estes addressed Council regarding Movement 5280. l) Shyla Marie, an Englewood resident, addressed Council regarding Movement 5280 m) Lydia Desmarais, an Englewood resident, addressed Council regarding Movement 5280. n) Tim Rogers addressed Council regarding Movement 5280. o) Jim Hayhurst addressed Council regarding Movement 5280. p) Erin Steffen addressed Council regarding Movement 5280. q) Marcy Brown, an Englewood resident, addressed Council regarding crime. Mayor Pro Tem Anderson responded to Public Comment. The meeting recessed at 10:01 p.m. for a break The meeting reconvened at 10:13 p.m. with all seven council members present. 9 Consent Agenda Items Council Member Russell removed Agenda Item 9(a)(i) and 9(c)(i) from Consent Agenda Moved by Council Member Nunnenkamp seconded by Council Member Ward to approve Consent Agenda Items 9(c)(ii). a) Approval of Ordinances on First Reading i) CB-7 Intergovernmental Agreement with Adams County Health Department for the Colorado Local Entity Air Network (CLEAN) Program [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Chelsea Nunnenkamp Seconded by Council Member Tena Prange COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER NUNNENKAMP A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF Page 4 of 7 Draft Page 75 of 119 City Council Regular March 18, 2024 ENGLEWOOD AND ADAMS COUNTY HEALTH DEPARTMENT, ENVIRONMENTAL HEALTH DIVISION FOR THE LOVE MY AIR, COLORADO LOCAL ENTITY AIR NETWORK (CLEAN) SUBRECIPIENT AGREEMENT. For Against Abstained Chelsea Nunnenkamp (Moved By) x Rita Russell x Othoniel Sierra x Joe Anderson x Tena Prange (Seconded By) x Kim Wright x Steven Ward x 5 2 0 Motion CARRIED. b) Approval of Ordinances on Second Reading. There were no Ordinances on Second reading. c) Resolutions and Motions i) Resolution of Support for recognition agreement between Englewood McLellan Reservoir Foundation and UC Health [Clerks Note: This agenda item was removed from the Consent Agenda motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Kim Wright RESOLUTION NO. 13, SERIES OF 2024 A RESOLUTION SUPPORTING THE RECOGNITION AGREEMENT BETWEEN THE ENGLEWOOD MCLELLAN RESERVOIR FOUNDATION (EMRF), UNIVERSITY OF COLORADO HEALTH, AND HIGHLANDS RANCH MP RK6. For Against Abstained Chelsea Nunnenkamp x Rita Russell (Moved By) x Othoniel Sierra x Joe Anderson x Tena Prange x Page 5 of 7 Draft Page 76 of 119 City Council Regular March 18, 2024 Kim Wright (Seconded By) x Steven Ward x 6 1 0 Motion CARRIED. ii) Training Center lease agreement with Broken Tee Partners, LLC, dba MetaGolf Learning Center, at Broken Tee Golf Course Moved by Council Member Rita Russell Seconded by Council Member Steven Ward Approval of the lease agreement for the training center with Broken Tee Partners, LLC, dba MetaGolf Learning Center, at Broken Tee Golf Course. For Against Abstained Chelsea Nunnenkamp x Rita Russell (Moved By) x Othoniel Sierra x Joe Anderson x Tena Prange x Kim Wright x Steven Ward (Seconded By) x 7 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading There were no additional Ordinances on First reading (see 9(a)(i)). b) Approval of Ordinances on Second Reading There were no Ordinances on Second reading. c) Resolutions and Motions There were no additional Resolutions or Motions (see 9(c)(i-ii)). Page 6 of 7 Draft Page 77 of 119 City Council Regular March 18, 2024 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 Adjournment MAYOR PRO TEM ANDERSON MOVED TO ADJOURN. The meeting adjourned at 10:55 p.m. City Clerk Page 7 of 7 Draft Page 78 of 119 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Brad Power, Darren Hollingsworth DEPARTMENT: Community Development DATE: April 1, 2024 SUBJECT: IGA between the City of Englewood and City of Littleton Regarding the South Metro Enterprise Zone DESCRIPTION: IGA between Englewood and Littleton for the South Metro Enterprise Zone. The IGA would allow the City of Littleton to function as a Subzone Administrator and to administer their local enterprise zone projects and contribution projects in its jurisdiction. RECOMMENDATION: Staff recommends that city council adopt an Ordinance authorizing the City of Englewood to enter into an Intergovernmental Agreement with the City of Littleton to form the South Metro Enterprise Zone Subzone, which will allow Littleton to function as a subzone administrator for contribution projects within its jurisdiction. PREVIOUS COUNCIL ACTION: In 1990 the City of Englewood was designated as the Enterprise Zone Administrator by the Department of Local Affairs of the State of Colorado. Additionally, the Colorado Economic Development Commission approved the South Metro Enterprise Zone as part of the 2015 Enterprise Zone redesignation. SUMMARY: Englewood administers the South Metro Enterprise Zone, which includes all of Englewood, and portions of Littleton, Sheridan, and the Town of Parker. The city’s administration of the enterprise zone includes annual reporting and ongoing approvals of submissions, data input, marketing and outreach associated with the enterprise zone within Englewood. The purpose of this agreement is to enable Littleton to become a Subzone Administrator within the South Metro Enterprise Zone for administration and management of local contribution projects within the enterprise subzone, defined as the City of Littleton, Colorado jurisdictional city limits. ANALYSIS: Englewood economic development staff promotes the enterprise zone exclusively in the community. Promotion of the zone outside of Englewood is the responsibility of staff in Sheridan, Parker and Littleton. At this time, Englewood does not receive compensation from Sheridan, Parker or Littleton for enterprise zone administrative activities. Page 79 of 119 Each year the City of Englewood receives a grant from the Colorado Office of Economic Development and International Trade to defray expenses related to the enterprise zone administration. The enterprise zone is a critical element of the city's economic development program, through which approximately 100 Englewood businesses claim annual State of Colorado tax credits. COUNCIL ACTION REQUESTED: Approval an Ordinance authorizing the City of Englewood to enter into an Intergovernmental Agreement with the City of Littleton to form the South Metro Enterprise Zone Subzone, which will enable Littleton to function as a subzone administrator for contribution projects within its jurisdiction. FINANCIAL IMPLICATIONS: Initiating the subzone with the City of Littleton carries no direct administrative cost to the City of Englewood. The annual administrative grant supports staff time for the Community Development Department's economic development manager and the department administrator. In 2023, the state reimbursed the City of Englewood $18,423 for staff time associated with the administration and promotion of the enterprise zone. ATTACHMENTS: 1. Intergovernmental Agreement Page 80 of 119 Page 1 of 6 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND CITY OF LITTLETON FOR THE SOUTH METRO ENTERPRISE ZONE SUBZONE This Intergovernmental Agreement (“Agreement”) is made and entered into this ______ day ______ , 2024, (the “Effective Date”) by and between the City of Englewood, a Colorado home rule municipality of the State of Colorado (“Englewood”), and the City of Littleton, a home rule municipality of the State of Colorado (“Littleton”) and collectively referred to as the (“Parties”). RECITALS WHEREAS, the Colorado legislature created the Enterprise Zone Program to encourage development in economically distressed areas of the State; and WHEREAS, In 1990, Englewood was designated as the Enterprise Zone Administrator by the Department of Local Affairs of the State of Colorado and services the South Metro Enterprise Zone; and WHEREAS, The Colorado Economic Development Commission (hereinafter referred to as “the Commission”) approved the South Metro Enterprise Zone as part of the 2015 Enterprise Zone redesignation; and WHEREAS, Englewood administers the South Metro Enterprise Zone for the cities of Sheridan, Littleton, Englewood, and the Town of Parker; and WHEREAS, Municipalities in the South Metro Enterprise Zone may become a subzone administrator to administer locally initiated projects within their respective jurisdiction; and WHEREAS, Subzone administrators agree to adhere to the Enterprise Zone Policies set forth by the Commission; and WHEREAS, This Agreement allows Littleton to function as a Subzone Administrator for the City of Littleton and to administer local enterprise zone projects and oversee contribution projects in its jurisdiction. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants and agreements herein, and for other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties do hereby agree as follows: Page 81 of 119 Page 2 of 6 1. PURPOSE: a. The purpose of this Agreement is for Littleton to become a Subzone Administrator within the South Metro Enterprise Zone for administration and management of local contribution projects within the Enterprise Subzone, defined as the City of Littleton, Colorado jurisdictional city limits, as it may be amended. 2. TERM AND TERMINATION: a. This Agreement shall commence on the Effective Date and shall continue in effect for a period of (5) five years or until terminated in accordance with this Agreement. This Agreement may be extended upon mutual agreement of the Parties in writing. b. This Agreement may be terminated by either Party at any time, with or without cause, upon a Party providing no less than 180 days of written notice to the other P a r t y. c. The Parties acknowledge that during the term of this Agreement the Commission may redesignate the South Metro Enterprise Zone and that Englewood may cease to administrator the Zone. If redesignation occurs prior to termination of this Agreement, the Parties acknowledge that this Agreement and the Parties’ duties under this Agreement shall terminate immediately upon any Commission action or redesignation of the South Metro Enterprise Zone. 3. CITY OF LITTLETON SUBZONE ADMINSTRATOR DUTIES: a. Littleton will identify a local point of contact and take on such roles as information dissemination, program promotion, and interfacing as the primary point of contact for businesses, non-profit organizations, and interested parties within the Enterprise Subzone. b. Littleton must maintain all documentation and records for the reporting requirements on the Enterprise Subzone’s portion of the South Metro Enterprise Zone. c. Littleton shall adhere to the policies and guidelines set forth in the Enterprise Zone Administrator ’s Manual and Contribution Project Guide, attached hereto as Exhibit “__A.” d. Littleton shall provide financial reports on an annual basis detailing the use of funds and completed projects to Englewood. Englewood and the Commission reserve the right to request additional information as necessary. e. Littleton will be responsible for day-to-day operations of any subzone activities and administration. Page 82 of 119 Page 3 of 6 a. Englewood does not charge an administrative fee to process donations for f. Littleton will be responsible for entering donor information and contribution amounts into the Commission's designated system, adhering to the minimum donation requirements for tax credits, and ensuring timely certification of contributions. g. Littleton is subject to annual renewal and adherence to Commission guidelines for contribution projects and maintaining local compliance with annual reporting requirements as outlined in the Enterprise Zone Administrator’s Manual. Littleton agrees to maintain compliance with all Commission and Englewood requirements as it pertains to the South Metro Enterprise Zone. 4. CITY OF ENGLEWOOD SOUTH METRO ENTERPRISE ZONE DUTIES: a. Englewood shall continue to administer the South Metro Enterprise Zone, except as specifically provided for in this Agreement. b. Englewood shall continue to file mandatory compliance reports with the Commission, including reports received from the Littleton Enterprise Subzone. c. Englewood and the Commission’s Enterprise Zone Administrator will provide necessary training on the Commission’s system to Littleton. 5. ADMINISTRATIVE FEE: contribution projects. Administrative fees for enterprise zone administration are covered through the annual Enterprise Zone Marketing and Administration Grant offered through the Colorado Office of Economic Development and International Trade. This agreement does not provide or imply a revenue or grant sharing mechanism for the Littleton Enterprise Subzone. b. Littleton Enterprise Subzone may charge an administrative fee for any contribution project within its jurisdiction, pursuant to the approval of a fee schedule by the Colorado Economic Development Commission. 6. MISCELLANEOUS: a. Non-Appropriation. All financial obligations of a Party under this Agreement are subject to the annual appropriations of funds by its own governing body. b. Notices. Any notice, demand, or request required by or relating to this Agreement shall be given by personal delivery, e-mail, facsimile, or sent by registered or certified mail, postage prepaid, to each Party at the address set forth herein. Enterprise Zone Administrator Page 83 of 119 Page 4 of 6 1000 Englewood Pkwy Englewood, CO 80110 Attn: South Metro Zone Adminstrator commdev@englewoodco.gov 303.762.2347 City of Littleton, CO 2255 West Berry Avenue Littleton, CO 80120 Attn: Director of Community Development cperry@littletongov.org c. No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to create any third-party beneficiary or beneficiaries or create a right or cause of action for the enforcement of its terms, in any entity or person not a Party to this Agreement. d. Amendments. No change, amendment, or waiver of any of the terms or provisions of this Agreement shall be valid or binding unless the same has been approved in writing by both Parties. e. No Assignment. This Agreement may not be assigned by either Party. f. Severability. In the event that any of the terms, covenants or conditions of this Agreement, or their application, shall be held invalid as to any person, corporation, or circumstances by any court having competent jurisdiction, the remainder of this Agreement, and the application in effect of its terms, covenants, or conditions to such persons, corporations, or circumstances shall not be affected thereby. g. Governmental Immunity. This Agreement is not intended and shall not be construed as a waiver of the limitations on damages or any of the privileges, immunities, or defenses provided to, or enjoyed by the Parties, their employees and volunteers, under federal or state constitutional, statutory or common law, including but not limited to the Colorado Governmental Immunity Act, Section 24-10-10 I, C.R.S., et seq., as may be amended. h. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue will be proper in Arapahoe County, Colorado. i. Complete Agreement. This Agreement embodies the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained Page 84 of 119 Page 5 of 6 By:________________ ATTEST: ________________________ (City Clerk) By: ________________________________ _____________________________ By:________________ herein; and this writing supersedes all previous communications, representations, or agreements, either verbal or written between the parties. j. Execution by Counterparts. This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but all of which will constitute one agreement. IN WITNESS WHEREOF, the Parties have executed this Intergovernmental Agreement regarding the South Metro Enterprise Zone Subzone between the City of Englewood and the City of Littleton as of the day and year first above written. CITY OF LITTLETON , COLORADO ______________________________________Date:_______________ (Mayor) ________Date:________ APPROVED AS TO FORM: _____________________________________ Date:________________________________ (City Attorney) CITY OF ENGLEWOOD, COLORADO __________________________________Date: (Department Director) By: __________________________________D (City Manager) ate:__ ______________________________________Date:_______________ (Mayor) Page 85 of 119 Page 6 of 6 ATTEST: ________Date:________________________________ (City Clerk) Page 86 of 119 1 ORDINANCE COUNCIL BILL NO. 9 NO. _____________ INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER _________________ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND CITY OF LITTLETON FOR THE SOUTH METRO ENTERPRISE ZONE SUBZONE WHEREAS, Sections 39-30-101 to 39-30-112 C.R.S. created the Urban and Rural Enterprise Zone Act; and WHEREAS, the Colorado legislature created the Urban and Rural Enterprise Zone Act to encourage development in economically distressed areas of the State; and WHEREAS, in 1990 the City of Englewood was designated as the Enterprise Zone Administrator by the Department of Local Affairs of the State of Colorado; and WHEREAS, the Colorado Economic Development Commission approved the South Metro Enterprise Zone as part of the 2015 Enterprise Zone redesignation; and WHEREAS, the City of Englewood administers and services the South Metro Enterprise Zone; and WHEREAS, the South Metro Enterprise Zone includes the cities of Sheridan, Littleton, Englewood, and the Town of Parker; and WHEREAS, municipalities in the South Metro Enterprise Zone may become a subzone administrator to administer locally initiated projects within their respective jurisdiction; and WHEREAS, the City of Littleton desires to function as a subzone administrator overseeing projects in its jurisdiction; and WHEREAS, the passage of this Ordinance will authorize the City of Englewood to enter into an Intergovernmental Agreement between the City of Englewood and the City of Littleton for the South Metro Enterprise Zone Subzone; and WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; and Page 87 of 119 2 WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of an Intergovernmental Agreement between the City of Englewood and City of Littleton for the South Metro Enterprise Zone Subzone, in the form substantially the same as that attached hereto. Section 2. General Provisions The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be by reference or in full in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be Page 88 of 119 3 published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Page 89 of 119 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Brad Anderson, Kris Davison DEPARTMENT: Parks, Recreation & Library DATE: April 1, 2024 SUBJECT: Pirates Cove Food Vendor DESCRIPTION: Motion to approve a contract renewal for Shamrock Foods as the Pirates Cove Concession Food Vendor RECOMMENDATION: Staff recommends approval, by motion, a contract renewal with Shamrock Foods as the concession food vendor for Pirates Cove Waterpark. PREVIOUS COUNCIL ACTION: Council approved Shamrock Foods as the Pirates Cove Concession food vendor each year since 2019. SUMMARY: The concession stand at Pirates Cove Waterpark is operated by the employees of Pirates Cove and utilized Shamrock Foods for the last several years. Shamrock Foods continues to meet our concession food needs and meets the City's criteria as a concession food vendor. With increase in food costs, it is projected the expenses to be over $100,000.00. Concession food was budgeted in the 2024 Pirates Cove budget for $136,500, with $120,000 to be encumbered for Shamrock Foods. ANALYSIS: With food costs continuing to increase over the last several years, increasing the expenditure of concession food for the 2024 season at Pirates Cove was necessary. The projected budget for 2024 concession food is $136,500, with $120,000 to be encumbered for concession food from Shamrock Foods. Bids were not solicited this year as Shamrock Foods:  Was the only vendor to respond to Requests for Proposals (RFPs) for concession services since 2020;  Continues to have a food warehouse open seven days a week within seven miles of Pirates Cove;  Offers will-call ordering six days a week; and  Meets the needs of the facility during the operating season. COUNCIL ACTION REQUESTED: Staff recommends approval, by motion, a contract renewal with Shamrock Foods in the amount of $120,000.00 as the concession food vendor for Pirates Cove Waterpark. Page 90 of 119 FINANCIAL IMPLICATIONS: $136,500.00 is budgeted in the Pirates Cove food operation budget 02-1308-52651, with $120,000 earmarked for concession food. CONNECTION TO STRATEGIC PLAN: Community Well-being Economy ATTACHMENTS: 2024 Renewal Contract OGM-23-54 Concession Foods for Pirates Cove vendor, redacted 2024 Concession Food Contract Approval Summary Memorandum Shamrock Food 2024 OGM-23-54_Concession Foods for Pirates Cove_final_fully executed Memorandum Request Pirates Cove Concession Food Vendor over 10,000 Page 91 of 119 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Christa Graeve DEPARTMENT: City Manager's Office DATE: April 1, 2024 SUBJECT: Council Member Travel to 2024 CML Annual Conference DESCRIPTION: Council Member Ward wishes to attend the CML Conference in Loveland, June 18-21. RECOMMENDATION: Staff recommends City Council approve, by Motion, the travel of one (1) Council Member to Loveland, Colorado for the 102nd Annual Colorado Municipal League Conference. PREVIOUS COUNCIL ACTION: According to the Englewood City Council Travel Policy, "Each City Council Member shall formally request approval of all City-related travel thirty (30) days prior to attendance..." On November 6, 2023, the City Council approved the City Council Policy Manual. Policy VI of that policy manual sets forth the Travel Policy for the members of the City Council. Resolution No. 48 Series of 2014 was amended to reflect changes in Council Travel Policy Publications. Resolution No. 10, Series of 1992 was amended to reflect the changes in Council Travel Policy made by Resolution No. 47, Series of 2000. Resolution No. 49, Series of 1990 was repealed and amended to reflect the changes in Council Travel Policy made by Resolution No. 47, Series of 2000. SUMMARY: Council Member Ward wishes to attend the CML Conference in Loveland, June 18-21. The purpose of this conference is professional development related to the duties as elected municipal officials. The cost for one member to attend the 2024 CML Conference is approximately $1,380. City Council currently has $24,000 in the budget for Travel and Training. COUNCIL ACTION REQUESTED: Staff recommends City Council approve, by Motion, the travel of one (1) Council Member to Loveland, Colorado for the 102nd Annual Colorado Municipal League Conference. FINANCIAL IMPLICATIONS: The total cost for one member to attend the CML Conference in Loveland, Colorado in June is approximately $1,380. Below is the breakdown of the costs. The funding is available in the City Page 92 of 119 Council travel and training budget for Fiscal Year 2024. The Council budget for Travel for 2024 is $24,000. The entire amount is currently available in the travel and training budget. Proposed costs for the CML Conference in Loveland, CO., June 18-21: Registration fee: $295 Additional class/luncheon fee: $185 Hotel fee: $595 for 3 nights Land travel: $75 Meals and Incidentals costs: $236 Total costs: approximately $1,380 CONNECTION TO STRATEGIC PLAN: A Council Member's travel to the annual CML Conference is aligned with the Strategic Plan Governance Goal of Staff Training and Development. OUTREACH/COMMUNICATIONS: Council Members were informed of the Colorado Municipal League Conference, by email, in February and March of this year. Page 93 of 119 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Christa Graeve DEPARTMENT: City Manager's Office DATE: April 1, 2024 SUBJECT: Council Member travel to the Strong Towns National Gathering DESCRIPTION: Mayor Pro Tem Anderson wishes to attend the Strong Towns National Gathering in Cincinnati, OH., May 14-15. RECOMMENDATION: Staff recommends City Council approve, by Motion, the travel of one (1) Council Member to Cincinnati, OH., for the Strong Towns National Gathering. PREVIOUS COUNCIL ACTION: According to the Englewood City Council Travel Policy, "Each City Council Member shall formally request approval of all City-related travel thirty (30) days prior to attendance..." On November 6, 2023, the City Council approved the City Council Policy Manual. Policy VI of that policy manual sets forth the Travel Policy for the members of the City Council. Resolution No. 48 Series of 2014 was amended to reflect changes in Council Travel Policy Publications. Resolution No. 10, Series of 1992 was amended to reflect the changes in Council Travel Policy made by Resolution No. 47, Series of 2000. Resolution No. 49, Series of 1990 was repealed and amended to reflect the changes in Council Travel Policy made by Resolution No. 47, Series of 2000. SUMMARY: Mayor Pro Tem Anderson wishes to attend the Strong Towns National Gathering in Cincinnati, OH., May 14-15. Strong Towns is an organization that educates and advocates for city resiliency, fiscal responsibility, sustainable housing, incremental development, safe streets, local control, and wholistic city planning. The Mayor Pro Tem's attendance at the event will increase his knowledge on policies and practices that will help Englewood be a stronger and more resilient city in the future. COUNCIL ACTION REQUESTED: Staff recommends City Council approve, by Motion, the travel of one (1) Council Member to Cincinnati, OH., for the Strong Towns National Gathering. FINANCIAL IMPLICATIONS: Page 94 of 119 The total cost for one member to attend the Strong Towns National Gathering in Cincinnati in May is approximately $1,850. Below is the breakdown of the costs. The funding is available in the City Council travel and training budget for Fiscal Year 2024. The Council budget for Travel for 2024 is $24,000. The entire amount is currently available in the travel and training budget. Approximate costs for the Strong Towns National Gathering in Cincinnati, OH., May 14-15: Admission: $250 Airfare: $500 Meals and Incidental Costs: $250 Ground Transportation: $100 Hotel: $250/night for 3 nights Total anticipated costs: approximately $1850 CONNECTION TO STRATEGIC PLAN: A Council Member's travel to the Strong Towns National Gathering is aligned with the Strategic Plan Governance Goal of Staff Training and Development. Page 95 of 119 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Melissa Englund DEPARTMENT: City Manager's Office DATE: April 1, 2024 SUBJECT: Intergovernmental Agreement with Adams County Health Department for the Colorado Local Entity Air Network (CLEAN) Program DESCRIPTION: Intergovernmental Agreement with Adams County Health Department for the Colorado Local Entity Air Network (CLEAN) Program RECOMMENDATION: City staff recommends City Council approve the Intergovernmental Agreement (IGA) with Adams County Health Department to continue the city's participation in the Colorado Local Entity Air Network (CLEAN). PREVIOUS COUNCIL ACTION:  Study Session on the development of a sustainability plan and program (February 22, 2021)  Approval, by motion, of the City of Englewood Sustainability Plan (April 5, 2021) SUMMARY: Staff is looking to continue the partnership in the Colorado Local Entity Air Network (CLEAN) through an Intergovernmental Agreement (IGA) with Adams County Health Department (ACHD), the new backbone organization of the program after Tri-Cities Health Department dissolved in 2022. Entering the IGA with ACHD also allows the city to be a sub-recipient of the EPA funds ACHD was awarded via the EPA to expand the CLEAN program. ANALYSIS: The City of Englewood joined the Colorado Local Entity Air Network (CLEAN) (formerly Love My Air) program back in 2022. This program is designed to raise awareness of air quality issues and protect residents from harmful air pollutants through education. This program also provided the City of Englewood with two air quality monitors, one at Cushing Park and one at the Northwest Green Belt. This program was originally run through the Tri-Cities Health Department. When the Tri-Cities Health Department dissolved in 2022, Adams County Health Department (ACHD) took over as the backbone organization of the program. Page 96 of 119 In 2023, ACHD was awarded a $438,775 grant from the Environmental Protection Agency (EPA) to expand the CLEAN program. Since the City of Englewood is a member of CLEAN, the city is able to receive up to $1,000 as a subrecipient to help advance air quality education and outreach in the city. COUNCIL ACTION REQUESTED: Staff requests City Council approve of the IGA with Adams County Health Department in order to access EPA funding provided to the county. FINANCIAL IMPLICATIONS: Approving the IGA allows Englewood to be a sub-recipient of the EPA funding granted to Adams County Health Department to expand the CLEAN program. Englewood would use these funds to advance air quality projects currently listed in the Strategic Plan. CONNECTION TO STRATEGIC PLAN: Participation in CLEAN helps accomplish or progress the following goals and projects in the sustainability plan priority area within the Strategic Plan, either through the use of the air sensors or through the collaborating efforts of the CLEAN cohort:  [GOAL] Air Quality: Improve public health outcomes through better air quality  [PROJECT] Monitor air quality through regional partners and use of technology  [PROJECT] Increase education and outreach around how to stay safe during bad air quality days  [PROJECT] Investigate education and outreach around bad indoor air quality identification and prevention OUTREACH/COMMUNICATIONS: Participation in the CLEAN program provides cohort learning with other municipalities in the area. Fellow municipalities that are part of the CLEAN cohort are:  City of Sheridan  City of Northglenn  Commerce City  Adams County  Arapahoe County  Arapahoe Libraries With Adams County Health Department receiving funding from the EPA to expand the program, it is expected that more municipalities will join over the coming months and years. To view the sensors, go to https://clean.lovemyair.com/. Residents can sign up for air quality alerts to stay informed about when it is and isn't safe to recreate outdoors. ATTACHMENTS: IGA Contract CB #7 IGA CLEAN ADAMS COUNTY Page 97 of 119 Adams County Health Department, Environmental Health Division Love My Air, Colorado Local Entity Air Network (CLEAN) SUBRECIPIENT AGREEMENT with City of Englewood PASS-THROUGH ENTITY: Adams County Health Department 4430 S. Adams County Parkway, Brighton CO 80601 Unique Entity ID: FV56SRLGHGJ6 SUBRECIPIENT: City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Unique Entity ID: 84-6000583 Federal Awarding Agency: U.S. Environmental Protection Agency (EPA) Pass-through Entity: Adams County Health Department Grant Number (FAIN): 00I14500 Date of EPA Award: 06/02/2023 Project and Award Description: See Exhibit A for Subaward Project Description. See Exhibit B for Federal Award Description. Subaward is Not for Research and Development. Subaward Period of Performance: 2/1/2024 – 1/15/2026 EPA Award Budget Period: 06/07/2023 – 01/15/2026 EPA Award Project Period: 06/07/2023 – 01/15/2026 EPA Award Total Budget Period Cost: $438,775.00 EPA Award Total Project Period Cost: $438,775.00 Agreement Documents: Exhibit A – Scope of Work, Budget, and Project Descriptions Exhibit B – EPA Notice of Award to ACHD Page 98 of 119 AGREEMENT This SUBRECIPIENT AGREEMENT (“Agreement”) is made between the Adams County Health Department (“ACHD”) and City of Englewood (“Subrecipient”). ACHD and Subrecipient may each be referred to herein, individually, as a “Party”, or collectively, as “the Parties”. 1. Federal "Flow Down” Requirements. Subrecipient is responsible for complying with all relevant Federal statutes, regulations and the terms of the EPA award. These requirements include: a. All terms of the EPA award, attached hereto as Exhibit B, and incorporated herein by reference. b. Title VI of the Civil Rights Act and other Federal statutes and regulations prohibiting discrimination in Federal financial assistance programs, as applicable. c. Reporting Subawards and Executive Compensation under Federal Funding Accountability and Transparency Act (FFATA) set forth in General Condition of the EPA award entitled “Reporting Subawards and Executive Compensation.” d. Limitations on individual consultant fees as set forth in General Condition 2 CFR 1500.9 and the General Condition of the EPA award entitled “Consultant Fee Cap.” e. EPA’s prohibition on paying management fees as set forth in General Condition of the EPA award entitled “Management Fees.” f. The Procurement Standards in 2 CFR Part 200 including those requiring competition when the subrecipient acquires goods and services from contractors and access to Subrecipient records for verification of compliance with 2 CFR 200.331 as well as 2 CFR Part 200, Subpart D, Post Federal Award Requirements for Financial and Program Management, and 2 CFR Part 200, Subpart F, Audit Requirements. 2. Renewal and Termination. a. Renewal. This Agreement may be renewed or amended only by the mutual written agreement of the Parties. b. Termination. ACHD or Subrecipient may terminate this Agreement at any time and for any reason upon written notice to the other Party of at least five (5) days before the effective date of such termination. 3. Payment for Services. For services rendered, ACHD agrees to pay Subrecipient, pursuant to the terms of this Agreement, the not to exceed total of $1,000. Page 99 of 119 4. Cooperation. Both Parties will seek each other's cooperation in carrying out the provisions of this Agreement. During the term of this Agreement, arrangements may be made for periodic meetings between Subrecipient and ACHD to promote understanding of, and adjustments to, this Agreement and/or the work performed under this Agreement. 5. Work Product. a. Any data, reports, client records, documents or other information provided by ACHD to Subrecipient during the Agreement Term, or created by Subrecipient for ACHD, shall be and remain the sole property of ACHD at all times (collectively, the “Materials”). Subrecipient shall return or provide to ACHD such Materials upon the completion or termination of the services provided under this Agreement Subrecipient agrees not to release, divulge, publish, transfer, sell, or otherwise make known any such Materials without the express prior written consent of ACHD, or as otherwise required by law. b. Subrecipient authorizes ACHD and its agents to use all Materials for all legal purposes, including, but not limited to, the promotion of the activities of ACHD. Subrecipient expressly waives any right of compensation (except as provided for in this Agreement), and any other claim arising or potentially arising out of ACHD’s use of any of the Materials. Additionally, Subrecipient waives any right to inspect or approve the finished use of any Materials in any form, including, but not limited to, newspapers, journals, brochures, annual reports, radio, television, videos, slide presentations, cablecasting and closed-circuit viewing. 6. Advertising. No advertising, publicity, or news release containing any reference to ACHD shall be used by Subrecipient, or anyone on Subrecipient’s behalf, unless prior written approval is obtained from ACHD. ACHD may release information regarding this Agreement to the general public and news media. Subrecipient grants to ACHD a non- exclusive license to include Subrecipient’s name in information pertaining to the Agreement that is released to the public. 7. Personnel and Subcontractors. a. All the work to be performed pursuant to this Agreement will be performed by Subrecipient or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such work. b. None of the work to be performed by Subrecipient shall be subcontracted to any other party, except as may be provided in the Scope of Work, without the prior written approval of ACHD. Failure to obtain ACHD’s prior written approval of any subcontractor shall result in the disallowance of reimbursements for any work provided by any such subcontractor. 8. Compliance. Page 100 of 119 a. The Parties will each comply with all applicable statutes, laws, rules, and regulations when carrying out its obligations under this Agreement. b. The Parties will carry out all obligations with reasonable care and in accordance with activities contemplated under this Agreement. c. Subrecipient will cooperate with ACHD in supplying information to ACHD, or in complying with any procedures which might be required by any governmental agency in order for ACHD to establish that it has observed all requirements of the law with respect to this Agreement. 9. Nondiscrimination. Subrecipient shall not discriminate against any employee or qualified applicant for employment because of age, race, color, religion, marital status, disability, sex, or national origin. Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. ACHD is an equal opportunity employer. 10. Independent Contractor. The relationship between Subrecipient and ACHD is that of an independent contractor. Subrecipient shall be solely and entirely responsible for its acts and the acts of its employees, agents, servants, and subcontractors during the term and performance of this Agreement. Subrecipient shall not be deemed to be, nor shall it represent itself as an employee, or joint venture of ACHD. No employee or officer of ACHD shall supervise Subrecipient. Subrecipient is not entitled to worker’s compensation benefits under ACHD’s worker’s compensation coverage, or any other ACHD employee benefits. Subrecipient shall be solely responsible for payment of federal and state income tax that may arise from monies earned under this Agreement. ACHD will not withhold or make payments for social security, make unemployment or disability insurance contributions or obtain Workers Compensation insurance on Subrecipient’s behalf. 11. Insurance. ACHD and Subrecipient are both recognized as political subdivisions of the State of Colorado. As such, they are governed by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq. The Parties acknowledge and agree that ACHD and Subrecipient, their respective officers, and employees, are relying on, and do not waive or intend to waive, by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by said Act. As such, each Party shall maintain such insurance as is standard for governmental entities. Each Party shall supply the other Party with applicable certificates of insurance upon request. 12. Notice. Any notice to be given hereunder by either Party to the other may be affected in writing by personal delivery, or by mail, certified with postage prepaid, or by overnight delivery service. Notices sent by mail or by an overnight delivery service shall be addressed to the Parties at the addresses above. Either Party may change its address by written notice in accordance with this paragraph. Page 101 of 119 13. Third Parties. This Agreement does not and shall not be deemed to confer upon any third party any right to claim damages, to bring suit or other proceeding against either ACHD or Subrecipient because of any term contained in this Agreement. 14. Assignment. Subrecipient shall not assign this Agreement in whole or in part without prior written consent of ACHD. 15. Severability. If any provision of this Agreement is determined to be unenforceable or invalid for any reason, the remainder of this Agreement shall remain in effect, unless otherwise terminated in accordance with the terms contained herein. 16. Governmental Immunity. a. The Parties acknowledge and agree that both Parties and their respective officers and employees, are relying on, and do not waive or intend to waive, by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, as it is from time to time amended. b. Neither ACHD nor Subrecipient shall be liable to the other or shall make claim for any incidental, indirect or consequential damages arising out of or connected in any way to the work referenced within this Agreement. The mutual waiver of consequential damages includes, but is not limited to, loss of use, loss of profit, loss of business, loss of income or any other consequential damages that either Party may have incurred from any cause of action including negligence or breach of contract. 17. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties and supersedes any prior agreement or understanding relating to the subject matter of this Agreement. 18. Modification. This Agreement may be modified or amended only by a duly authorized written instrument executed by the Parties hereto. 19. Waiver. The failure of either Party at any time to require performance of the other Party of any provision of this Agreement shall in no way affect the right of such Party thereafter to enforce the same provision, nor shall the waiver by either Party of any breach of any provision hereof be taken or held to be a waiver of any other or subsequent breach, or as a waiver of the provision itself. 20. Survival. The rights and obligations of the Parties shall survive the term of this Agreement to the extent that any performance is required under this Agreement after its expiration or termination of this Agreement. 21. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall together constitute one and the same document. Page 102 of 119 22. Jurisdiction and Venue. The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The Parties agree that jurisdiction and venue for any disputes arising under this Agreement shall be with Adams County, Colorado. 23. Authorization. Each Party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein, and to perform the duties and obligations herein described. 24. Security Breaches and Personal Information. a. If Subrecipient obtains personal identifying information, as that term is defined in C.R.S. 24-73-101, from ACHD during the course of this Agreement, Subrecipient shall destroy or properly dispose of the information in a manner that is compliant with C.R.S. 24-73-101 when that information is no longer needed for the performance of this Agreement. Subrecipient shall also implement and maintain reasonable security procedures and practices that are appropriate to the nature of the personal identifying information obtained; and reasonably designed to help protect the personal identifying information from unauthorized access, use, modification, disclosure, or destruction. b. In the event of a security breach, as defined in C.R.S. 24-73-103, that compromises computerized data that includes personal information subject to this Agreement, Subrecipient shall notify ACHD of the security breach in the most expedient time and without unreasonable delay following discovery of the security breach, if misuse of personal information about a Colorado resident occurred or is likely to occur; and cooperate with ACHD, including sharing with ACHD any information relevant to the security breach, except that such cooperation does not require the disclosure of confidential business information or trade secrets. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. SIGNATURE PAGE FOLLOWS. Page 103 of 119 7 IN WITNESS WHEREOF, the Parties have caused this Subrecipient Agreement to be executed by its duly authorized representatives. ACHD: __________________________________ Signature Date: _____________________________ Name: ____________________________ Title: ____________________________ Subrecipient: __________________________________ Signature Date: _____________________________ Name: ____________________________ Title: ____________________________ REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY Page 104 of 119 8 Adams County Health Department, Environmental Health Division Love My Air, Colorado Local Entity Air Network (CLEAN) SUBRECIPIENT AGREEMENT with City of Englewood EXHIBIT A SCOPE OF WORK Project Description: The Love My Air Colorado Local Entity Air Network (CLEAN) program empowers communities to live better, longer by reducing air pollution and limiting exposure through behavior changes, advocacy, and community engagement. The program provides low -cost air sensors, a program data dashboard, and programming support to increase understanding of the impact of particulate matter on air quality and what individuals can do to protect their health. Through CLEAN, partners host and create programming and communications to raise awareness about air quality, empower individuals to adjust behaviors to reduce air quality impacts, and empower individuals to change behaviors to reduce exposure to poor air quality. Project Objectives: • Gather real-time, hyper-local air quality data by placing air quality monitoring sensors within the community, in collaboration with community partner organizations. • Provide community members with easy access to local air quality data through a user- friendly data dashboard. • Empower communities, families, schools and parks and recreation districts to limit exposure and reduce pollution through behavior change, advocacy, and community engagement. • Support community partners to incorporate air quality education and information into their diverse programming. • Convene a cohort of community partners to share lessons learned. Program Activities: Subrecipient will use funding under this Agreement to support the Project Objectives described above. Allowable uses of funding are broad to allow Subrecipient to support Project Objectives within their diverse organization activities. Subrecipient Organization Description: • The City of Englewood is a small-sized city (population ~33,000) located in Arapahoe County. The city borders the City of Denver to the south with the City of Sheridan to its western border. In 2021, the city adopted its first ever Sustainability Plan, which includes Air Quality as one of its goal areas. Subrecipient Responsibilities: • Use of Funding. o The City of Englewood is still in the planning phases of the best use for available CLEAN program funds, but will use the funds to advance one or multiple of its air quality projects listed within the Sustainability Plan, which include: ▪ Increase education and outreach around how to stay safe during bad Page 105 of 119 9 air quality days. ▪ Investigate education and outreach around bad indoor air quality identification and prevention. • Air Quality Sensor(s). o Subrecipient requests and allows for the installation of ACHD air quality sensor(s) at the following property location(s): ▪ Cushing Park 700 W Dartmouth Ave, Englewood, CO 80110 ▪ Northwest Greenbelt Park 2235 W Vassar Ave Englewood, CO 80110 o Subrecipient shall grant ACHD access to said property, as needed, for ACHD to carry out its responsibilities related to air quality sensor(s) installed on Subrecipient’s property. o Subrecipient shall exercise reasonable care to ensure air quality sensor(s) are secure and remain in working order. o Subrecipient shall notify ACHD as soon as possible of any air quality sensor(s) loss or damage. Subrecipient is not responsible for costs associated with loss or damage. • Reporting. Subrecipient shall: o Provide information relevant to work performed under this Agreement during EPA quarterly reporting periods and upon request from ACHD. o Submit a final report on work performed under this Agreement no later than October 31, 2025. This report shall include (1) A description of the work performed under this Agreement. (500 words or less). (2) A description of the audiences reached through the work performed under this Agreement. (250 words or less). (3) The number of individuals reached through work performed under this Agreement. And (4) At least one highlight from the work performed. (250 words or less). ACHD Responsibilities: • Air Quality Sensors. o ACHD shall, at no cost to Subrecipient, (1) Survey properties, as needed, to determine suitable location(s) to install air quality sensor(s). (2) Install air quality sensor(s) in location(s) approved by Subrecipient. (3) Perform maintenance and troubleshooting at air quality sensor(s), estimated to occur as often as weekly. And (4) Remove air quality sensors upon the expiration or termination of this Agreement. o ACHD shall retain all title, rights, and ownership of its equipment. • Access to Data. ACHD shall provide Subrecipient with access to air quality sensor data through its CLEAN data dashboard. • Technical Assistance. ACHD shall provide technical assistance to Subrecipient as needed to carry out the work under this Agreement. • Educational Materials and Information. ACHD shall provide educational materials and information to assist Subrecipient with incorporating air quality into their diverse organization activities. Project Points of Contact: Page 106 of 119 10 The following individuals will serve as the primary points of contact regarding work performed under this Agreement. • Adams County Health Department o Renata Trisilawati o rtrisilawati@adcogov.org o 720 969 0700 • Subrecipient, City of Englewood o Mel Englund, Sustainability Coordinator o menglund@englewoodco.gov o 303-870-2047 Payment Terms: • Subrecipient shall send an invoice via email to ACHD for expenses incurred according to the Budget below. All invoices shall include a description of the expenditures incurred, by activity, during the invoice period. ACHD shall reimburse Subrecipient within thirty (30) days receipt of said invoice. • Subrecipient shall be responsible for all taxes for all payments received and will complete a Form W-9 upon signing this Agreement. • Subrecipient shall maintain records and documentation of work performed under this Agreement, including fiscal records, and shall retain the records for a period of three (3) years from the date this Agreement is terminated. Said records and documents shall be subject at all reasonable times to inspection, review, or audit by authorized Federal, State, or County personnel. Budget: The City of Englewood is still in the planning phase of how the city would like to use it’s $1,000 from the CLEAN program to help advance air quality education in the City of Englewood. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. Page 107 of 119 11 Adams County Health Department, Environmental Health Division Love My Air, Colorado Local Entity Air Network (CLEAN) SUBRECIPIENT AGREEMENT with City of Englewood EXHIBIT B EPA NOTICE OF AWARD TO ACHD REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY. Page 108 of 119 Pa g e 1 0 9 o f 1 1 9 Pa g e 1 1 0 o f 1 1 9 Pa g e 1 1 1 o f 1 1 9 Pa g e 1 1 2 o f 1 1 9 Pa g e 1 1 3 o f 1 1 9 Pa g e 1 1 4 o f 1 1 9 1 ORDINANCE COUNCIL BILL NO. 7 NO. _____________ INTRODUCED BY COUNCIL SERIES OF 2024 MEMBER NUNNENKAMP AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ADAMS COUNTY HEALTH DEPARTMENT, ENVIRONMENTAL HEALTH DIVISION FOR THE LOVE MY AIR, COLORADO LOCAL ENTITY AIR NETWORK (CLEAN) SUBRECIPIENT AGREEMENT. WHEREAS, in 2022 the City of Englewood joined the Colorado Local Air Entity Network (CLEAN) program administered by the Tri-County Health Department; and WHEREAS, the Tri-County Health Department dissolved and the Adams County Health Department, Environmental Health Division took over the administration of the CLEAN program; and WHEREAS, the Adams County Health Department, Environmental Health Division received a $438,775.00 grant from the United States Environmental Protection Agency; and WHEREAS, the Adams County Health Department, Environmental Health Division is the pass through entity for the United States Environmental Protection Agency grant; and WHEREAS, the grant was awarded for the CLEAN program; and WHEREAS, the CLEAN program expands air quality monitoring by using air sensors, a data dashboard, and programing support; and WHEREAS, the goal of the CLEAN program is to reduce air pollution and the impacts of air pollution by encouraging behavior changes and education; and WHEREAS, the Adams County Health Department is working with other cities and local partners to collect air quality data for the CLEAN program; and WHEREAS, the CLEAN program would allow the City of Englewood to gather local air quality data; and WHEREAS, the local air quality data could be provided to the community through a data dashboard; and WHEREAS, the passage of this Ordinance will authorize the City of Englewood to enter into a Subrecipient Agreement with the Adams County Health Department, Page 115 of 119 2 Environmental Health Division for the Love My Air, Colorado Local Entity Air Network (CLEAN) program; and WHEREAS, Article XIV, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S. encourages and authorizes intergovernmental agreements; and WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes execution by the City of an Intergovernmental Agreement with the Adams County Health Department, Environmental Health Division for the Love My Air, Colorado Local Entity Air Network (CLEAN) Subrecipient Agreement, in the form substantially the same as that attached hereto. Section 2. General Provisions The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a Page 116 of 119 3 rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be by reference or in full in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. Manuals, Municipal Code, contracts, and other documents approved by reference in any Council Bill may be published by reference or in full on the City’s official website; such documents shall be available at the City Clerk’s office and in the City Council meeting agenda packet when the legislation was adopted. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced and passed on first reading on the 18th day of March, 2024; and on second reading, in identical form to the first reading, on the ___ day of ____________, 2024. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Page 117 of 119 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Melissa Englund DEPARTMENT: City Manager's Office DATE: April 1, 2024 SUBJECT: Approval to apply for the Public Building Electrification grant DESCRIPTION: Staff is looking for approval from City Council to apply for the Public Building Electrification grant through the Colorado Energy Office RECOMMENDATION: Staff recommends Council approve staff to pursue the Public Building Electrification Grant. PREVIOUS COUNCIL ACTION:  September 27, 2021: Updated list reviewed by Council during study session  July 12, 2021:Draft American Rescue Plan Act (ARPA) fund list reviewed by Council during study session  February 7, 2022: City Council approves ARPA funding list, which contains $200,000 to go towards some type of sustainable, energy-efficient pilot project  May 2, 2022: City Council approved CB 25 -- Ordinance approving a Memorandum of Understanding between the Colorado Energy Office and the City of Englewood to provide contract services for its Energy Contracting Program SUMMARY: The City is seeking approval to apply for the Planning and Implementation grant. This grant funds the energy audit and, if awarded, grantees will be invited to apply for the implementation funding if the results of the planning demonstrate an opportunity to execute a project. ANALYSIS: The Public Building Electrification Grant is authorized by House Bill 22-1362to provide public buildings with funding to explore and implement building system electrification measures and infrastructure upgrades required to support these technologies. This is a grant administered through the Colorado Energy Office. This grant was identified by Energy Service Contractor (ESCO) Yearout Energy – the contractor performing the city’s Investment Grade Energy Audit (IGA) as a beneficial funding stream for the city to apply to. The deadline to apply to this grant is April 5, 2024. The city is seeking approval to apply for the Planning and Implementation grant. This grant funds a portion of the energy audit and, if awarded, grantees will be invited to apply for the implementation funding if the results of the planning demonstrate an opportunity to execute a project. Page 118 of 119 For the implementation phase, eligible entities can submit applications for up to $500,000 in funding per project (per building) to cover planning and implementation costs, with a max incentive of $750,000 per applicant (if multiple buildings). COUNCIL ACTION REQUESTED: City staff requests Council approve staff to pursue the Public Building Electrification Grant in order to help cover some of the already incurred costs of the energy audit as well as helping the city receive upwards of over half a million dollars in funding to go towards building electrification upgrades. FINANCIAL IMPLICATIONS: Applying and securing this grant will secure 50%-75% of the costs of the energy audit the city is currently undertaking, with a max incentive of $8,000-$12,000.However, the planning phase is only aimed at covering the energy audit for any specific site which will be proposed in the implementation phase. In this example there are three sites being proposed for electrification and that would be eligible for grant offsets in the range of $4,400 to $6,600. For the implementation phase of the grant, reimbursement funding will cover up to $750,000 of total project cost and/or $500,000 per building to install high efficiency electric equipment or make electrical upgrades as necessary to support the installation of high-efficiency electric equipment. A 25% match is required for the grant, up to $250,000. Disproportionately impacted (DI) areas also qualify for 40 hours of funding for administrative time during the implementation phase. DI areas also qualify for 75% of the funding for the planning phase, up to $12,000. The funding also requires the completion of an electrification training program hosted by the Colorado Energy Office. CONNECTION TO STRATEGIC PLAN: Applying and securing funds from this grant will advance the following projects and metrics found in the Strategic Plan underneath the Sustainability priority area:  Project: “Work with the Colorado Energy Office to conduct an Energy Performance Audit on major city facilities.” This grant helps cover 50%-75% of the audit costs  Metric: “% reduction in carbon emissions from city-owned buildings in Englewood.”  Metric: “% reduction in energy use” OUTREACH/COMMUNICATIONS: The departments that have been helping to progress the investment grad audit (IGA) that will help guide the project submitted to this grant include: City Manager’s Office; Public Works; Utilities; and Parks, Recreation, Library, and Golf. Page 119 of 119