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10.22.18 PRAB PacketPARKS & RECREATION ADVISORY BOARD City Council Chambers, 1777 Arapahoe Avenue 6:00 p.m., October 22, 2018 100 Years of Excellence Boulder Parks & Recreation Advisory Board Members 2018 Tom Klenow (Chair) Jennifer Kovarik (Vice-Chair) Allison Fronzaglia Mary Scott Raj Seymour Valerie Yates Pamela Yugar Mission Statement BPRD will promote the health and well- being of the entire Boulder community by collaboratively providing high- quality parks, facilities and programs. Vision Statement We envision a community where every member’s health and well- being is founded on unparalleled parks, facilities and programs. Goals of the Master Plan 1. Community Health and Wellness 2. Taking Care of What We Have 3. Financial Sustainability 4. Building Community 5. Youth Engagement 6. Organizational Readiness For more information on BPRD Master Plan visit the City of Boulder web site at: https://bouldercolorado.gov/pages/ parks-recreation-master-plan AGENDA All agenda times are approximate I. APPROVAL OF AGENDA (6:00) II. FUTURE BOARD ITEMS AND TOURS (6:01) III. PUBLIC PARTICIPATION (6:03) This portion of the meeting is for members of the public to communicate ideas or concerns to the Board regarding parks and recreation issues for which a public hearing is not scheduled later in the meeting (this includes consent agenda). The public is encouraged to comment on the need for parks and recreation programs and facilities as they perceive them. All speakers are limited to 3 minutes. Depending on the nature of your matter, you may or may not receive a response from the Board after you deliver your comments. The Board is always listening to and appreciative of community feedback. IV. CONSENT AGENDA (6:15) A. Approval of minutes from September 24, 2018 B. Parks and Recreation Development and Operations Update V. ITEMS FOR ACTION (6:20) A. Public Hearing and Consideration of a Motion to Approve the Parks and Recreation Advisory Board’s Recommendation to City Council Concerning the Conveyance of Two Permanent Easements on City Park Land (Scott Carpenter Park), Pursuant to City Charter Sec. 162, to the Proposed Grantees for Operation of an Irrigation Ditch VI. ITEMS FOR DISCUSSION/INFORMATION (6:50) A. Boulder Reservoir Concession Lease B. 2019 Operating Budget and Recreation Fee Update VII. MATTERS FROM THE DEPARTMENT (7:20) A. Harbeck-Bergheim House Update B. Options to Update and Improve the City’s Mosquito Management Program C. Guidelines for Cyclocross in Urban Parks VIII. MATTERS FROM BOARD MEMBERS (7:40) A. PRAB Retreat – Part One (1) Review City Charter and PRAB roles (2) Discuss Meeting Management (3) Review of Presentation Guidelines (4) Public Meetings, Open Records, Boulder’s Code of Contact (5) Mentoring and Onboarding B. PRAB Community Engagement Updates (verbal) This portion of the meeting is for members of the board to report on PRAB’s annual work plan goal of each member: attending two or more parks and recreation-related community activities per month; promoting parks and recreation through social media; attending site tours; and supporting the department’s partnership initiatives. IX. NEXT BOARD MEETING: November 19, 2018 X. ADJOURN PARKS & RECREATION ADVISORY BOARD 100 Years of Excellence Future Board Items 2018 January 22 • Service Delivery Update (d/i) • Public Restrooms in Parks (d/i) • Boulder County Farmers Market (md) • PRAB Letter to Council Update (mb) • Board Recruitment (mb) • PRAB Community Engagement (mb) February 26 • Boulder County Farmers Market License (a) • Boulder County Farmers Market Update (d/i) • Scott Carpenter McCarty Ditch Easement (d/i) • Updates to the Integrated Pest Management Policy (d/i) • PRAB Community Engagement (mb) April 2 (rescheduled March meeting) • Boulder County Farmers Market License (a) • Agreement with BVSD Regarding Collaborative Efforts for Summer Learning and YSI (d/i) • Urban Forest Strategic Plan (d/i) • Xcel Energy Property Rights Agreement (md) • Universal Design Project (md) • PLAY Foundation Update (mb) • New Member Orientation (mb) • PRAB Community Engagement (mb) • Outgoing Member Comments (mb) April 23 • Board appointments (p) • Election of officers (p) • First meeting for new Board members (p) • Agreement with BVSD Regarding Collaborative Efforts for Summer Learning and YSI (a) • Contract for Concession Services at Flatirons Golf Course (a) • 2019-2024 CIP (1st touch) (d/i) • Amendment to the Contract for Concessions Services at Flatirons Golf Course (d/i) • Board Liaison Discussion (mb) • PRAB Community Engagement (mb) June 4 (rescheduled May meeting) • Urban Forest Strategic Plan (a) • 2019-24 CIP (2nd touch) (d/i) • Foothills Parkeway Bicycle and Pedestrian Underpass (md) • Asset Management Program (AMP) Team Overview (md) • Budget Update (md) • PRAB Community Engagement (mb) June 25 • 2019-24 CIP (3rd touch) (a) • Harbeck-Bergheim House Community Engagement Update (md) • Operating Budget Update (md) • 2019-24 Greenways Capital Improvement Program (mb) • PRAB Community Engagement (mb) July 23 • Election of Vice-Chair (p) • Central Boulder Planning Update (md) • Harbeck-Bergheim House Engagement Outcomes (md) • Mobile Vending Update (md) • PRAB Community Engagement (mb) August 27 • Prairie Dog Working Group Update (d/i) • Cyclocross Guidelines (md) • Civic Area Bookend PRAB Liaison (mb) • EAB Joint Meeting Preparation (mb) • PRAB Retreat Planning (mb) • PRAB Community Engagement (mb) September 24 • Boulder Creek Festival Contract (a) • Boulder Creek Festival Contract (d/i) • WRAB Aquatics Nuisance Species Update (md) • Operating Budget Update (md) • EAB Board Update (mb) • PRABNew Member Onboard (mb) • PRAB Retreat Agenda Review (mb) • PRAB New Member Application Review (mb) • PRAB Community Engagement (mb) PARKS & RECREATION ADVISORY BOARD 100 Years of Excellence LEGEND Procedural Item: (p): An item requiring procedural attention Consent Item (c): An item provided in written form for consent, not discussion by the Board; any consent item may be called up by any Board member for discussion during the matters from the department Action Item (a): A public hearing item to be voted on by the Board (public comment period provided) Disc/Info Item(d/i): An item likely to become a future action item (or council item) and/or that benefits from an in-depth presentation of background, financial/social/environmental impacts, public process, staff analysis and next steps (e.g., presentation of major project initiative) Matters from Dept (md): Items that will be reviewed and discussed during the meeting but not requiring the level of in-depth analysis of an action or discussion/information item Matters from the Bd (mb): Items initiated by the Board that will be reviewed and discussed during the meeting but not requiring the level of in-depth analysis of an action or discussion/information item October 22 • Boulder Reservoir Concession Lease (d/i) • 2019 Operating Budget and Recreation Fee Update (d/i) • Harbeck – Bergheim House Update (md) • Guidelines for Cyclocross in Urban Parks (md) • Options to Update and Improve the City’s Mosquito Management Program (md) Please confirm given Council adjustments • PRAB Retreat Follow Up (mb) • PRAB Community Engagement (mb) November 26 • Boulder Reservoir Concession Lease (a) • Capital Project Update (md) • PRAB Retreat Follow Up (mb) • PRAB Goals for City Council Work Session (mb) • PRAB Community Engagement (mb) December 17 • Asset Management Plan (md) • Finalize 2019 PRAB Work Plan (mb) • PRAB Community Engagement (mb) Future Board Items 2018 - continued PARKS & RECREATION ADVISORY BOARD 100 Years of Excellence COMMUNITY TOUCHES - The City has recently been working on an update to the calendar of all city events for community use. Please view the calendar online for all of the latest updates for upcoming events. We are encouraging staff and the community to be aware of and use the new tool. https://bouldercolorado.gov/calendar The event list can be filtered to see only Parks and Recreation events by choosing ‘Recreation’ from the dropdown menu at the top of the page, and then clicking on the submit button. If you would like more information about any of the events, just use the link above and select the event you are interested in. Additional information will appear at the botton of the page with a link directly to the event web page. Below is a sample of what you will see, once filtered. For live links or the most up to date information, please use the link above. PARKS & RECREATION ADVISORY BOARD 100 Years of Excellence 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 TO: Parks and Recreation Advisory Board FROM: Yvette Bowden, Director, Parks and Recreation Department Ali Rhodes, Deputy Director Jeff Haley, Planning, Design and Community Engagement Manager SUBJECT: Consent Agenda DATE: October 22, 2018 A. Approval of Minutes from September 24, 2018 B. Parks and Recreation Development Update The following information is intended to provide the PRAB with relevant updates on specific projects as they reach major milestones. This section is not all inclusive of all current projects and only illustrates major project updates. For a complete list of all current projects and details, please visit www.BoulderParkNews.org. Planning and Design The following projects are currently in the planning and design process that involves research, alternatives analysis, public involvement and development of planning documents and design plans to guide decision making and future capital improvements. • Planning Projects Underway: Staff or consultants continue to work on the following projects and will update the PRAB as major milestones are achieved: o Asset Management Program; o Beehive Asset Management Software Implementation; o Boulder Reservoir South Shore Site Management Plan; o Civic Area East Bookend; and o Design Standards Manual (previously Parks Planning, Construction, Operations and Maintenance Manual). Construction The following projects are scheduled for construction, under construction or have been recently completed. For additional details please visit www.BoulderParkNews.org. 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 • Construction Projects Underway: Staff or contractors continue to work on the following projects and will update the PRAB as major milestones are achieved: o Lighting Ordinance Compliance Natural Lands The following projects, focused on habitat and wildlife management in an urban environment, are currently being managed by the Urban Resources staff: • Integrated Pest Management (IPM): The IPM and Conservation Crew continues to control state listed noxious weed species, particularly in areas previously closed for the protection of wildlife species of special concern. Areas treated include, but are not limited to, the Dry Creek, Little Dry Creek East and West natural areas around the Boulder Reservoir and the Tom Watson Park natural area. • Mosquito Management: Staff continues to participate in the update of the city’s Mosquito Management Plan. The city’s Integrated Pest Management Coordinator is providing a full update to the PRAB at this meeting. Please see the attached memo for additional information. • Urban Wildlife Management: Staff continues to coordinate on citywide prairie dog relocation projects and priorities. The annual relocation of prairie dogs from Foothills Community Park has begun. This effort is part of an annual program to maintain areas targeted by prior relocation efforts. All work is done per the Urban Wildlife Management Plan and other applicable city policies. The Prairie Dog Working Group’s Phase 2 Recommendations, shared with the PRAB at the August 27, 2018 meeting, were presented with minor modifications to City Council on October 16, 2018. The information presented can be accessed by going to page 352 of the October 16 council packet. C. Operations Update New Recreation Manager for Programs and Partnerships The department is pleased to announce the promotion of Megann Lohman to the role of Recreation Manager for Programs and Partnerships, with oversight over both department and partner provided program areas. Megann joined the department just over six years ago, serving various roles in with the sports programming team before beginning her most recent position as the NBRC Facility Supervisor, in 2015. Prior to joining the department, Megann held several management positions in the retail and restaurant industries, preparing her to lead a division in the department. Megann understands the “power of the team” and is eager to build upon her experiences in leading the NBRC, centers teams, and Learning and Growth matrix teams to support new teams and teammates. Megann holds a Bachelor of Science in Recreation Administration with a minor in coaching and is pursuing her Master’s in Public Administration. Through her graduate program, Megann regularly devotes research opportunities and coursework to addressing 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 department questions, such as how to best support employee engagement or how to enhance customer service. Megann’s immediate priorities include supporting the development of the division’s 2019 work plans and the department’s efforts to fulfill grants awarded by the Health Equity Advisory Committee for 2018 and 2019. Snow Operations In preparation for winter, staff is readied to support the community for snow events, such as what was experienced on October 7th. For each snow event, over 30 department staff report in shifts to support snow removal on major transportation corridors (such as the Boulder Creek Path) and at city facilities (including recreation centers, the Pearl Street Mall, and sidewalks adjacent to park) to perform approximately 77.7 acres (58 NFL football fields) of shoveling and plowing. Staff is committed to meeting city standards for snow removal as well as providing safe and accessible means of transport throughout our community. Other snow removal details performed by department staff include: • Hand Shoveling = 14,455 square feet (sq. ft.) • Path Plowing by Utility Vehicle = 1,032,411 sq. ft. • Path Plowing by Truck = 609,270 sq. ft. • Plowing of Parking Lots and Driveways = 1,729,312 sq. ft. CITY OF BOULDER BOULDER, COLORADO BOARDS AND COMMISSIONS MEETING MINUTES To listen to the Parks and Recreation Advisory Board meetings in their entirety, please go to the following link: www.boulderparks-rec.org Name of Board/Commission: Parks and Recreation Advisory Board Date of Meeting: September 24, 2018 Contact Information Preparing Summary: Sarah DeSouza, 303-413-7223 Board Members Present: Tom Klenow, Jennifer Kovarik, Mary Scott, Pamela Yugar, Raj Seymour, Alli Fronzaglia and Val Yates Board Members Absent: None Staff Present: Yvette Bowden, Jeff Haley, Denise White, Sarah DeSouza, Justin Greenstein, Jackson Hite, Bryan Beary, Keith Williams, Lena Dow, Stacy Cole Guests Present: No guests present Type of Meeting: Advisory/Regular Agenda Item 1: Call to Order The meeting was called to order at 6:00 p.m. The agenda was approved as amended. Later in the meeting Klenow requested that an amendment be made to move the Discussion Item to before the Action Item. The motion was made and approved. Agenda Item 2: Future Board Items and Tours Bowden reviewed upcoming community touch opportunities. These events can be found at www.BoulderParks-Rec.org Agenda Item 3: Public Participation Agenda Item 4: Consent Agenda A. Approval of Minutes from August 27, 2018 Minutes from August 27, 2018 were approved as written. B. Parks and Recreation Development and Operations Update Consent agenda was submitted as written. • The Board had no comments on this item. Agenda Item 5: Action Item A. Public Hearing and Consideration of a Motion to Approve the Boulder Creek Festival Production Contract This item was moved to after the Discussion/Information Item on the same topic. Bowden presented this item to the Board. Public Hearing was opened. Ann Marie Jensen, Boulder resident and former PRAB member, spoke in regard to the Boulder Creek Festival and in support of Boulder Creek Events as a successful event producer. The Board had no discussion about the item. Seymour made the following motion: Motion to approve the Agreement to Contract for Boulder Creek Festival® Production Services and authorize the City Manager to make minor amendments prior to or during the term of this agreement to ensure that the Boulder Creek Festival® is managed in a manner that is consistent with applicable laws and the goals, policies and regulations of the City of Boulder. The Motion was seconded by Yates. The motion passed 5-1 (Yugar opposed; Scott abstained) Agenda Item 6: Discussion Item A. Boulder Creek Festival Production Contract Bowden presented this item to the Board. PRAB members shared the following comments/questions about this item: • Has the city reviewed the status of other events presented by TPP? • Are representatives of TPP in attendance at this meeting? • Will TPP provide free booth space to non-profit agencies at future festivals? • Did the BCE contract require a set percentage be given to non-profit agencies? • When the city conducts these processes, is public input typically obtained? • Does the city typically proceed from an RFQ process directly to contract award? • BCE’s responses were not deemed responsive to the specific questions asked in the RFQ. • Are there specific procedural rules to inform this vote? • Is it an option to consider an RFP? • If both companies were considered “qualified”, would issuing an RFP be the next step in the process to determine the awardee? • Could the city provide a one or two year extension to address the concerns of BCE? • This process might leave a “bad taste” for BCE after putting on the event for 20 years. • An RFP process would address the concerns and changes the city wants to see and how organizations would meet the new requirements. • The RFQ changed the focus of the BCF event from the past to the new approach outlined in the “six pillars”. • BCE is a qualified event producer. • Plan brought forward by TPP was more responsive to the “six pillars” identified in the RFQ. • TPP has the qualifications the city desires and is in line with the “six pillars”. • Did BCE address the six pillars in their response to the RFQ? • How much time would it add if the city were to go to an RFP? • Can a Board member abstain from voting? • There is insufficient time to conduct an RFP. • The RFQ clearly stated the contract could be awarded after an RFQ. • Have references been checked? • Concerned that the process has resulted in a situation where it is not perfectly clear that the RFQ could be the final determining document. • The city, as the owner of the event, should be able to choose the provider that meets the city’s goals for producing the city-owned event. • The process is not invalid. • Support the work that staff and those involved in the decision making process. • Thanks to both companies(TPP and BCE) for speaking at this hearing. • Appreciate the conversation and feel informed on the issue and ready to vote. Agenda Item 7: Matters from the Department A. WRAB Aquatics Nuisance Species Update Bowden and Cole presented this item to the Board. PRAB members shared the following comments/questions about this item: • Is the Boulder Reservoir gate staffed after Labor Day? • Inspection is very easy and seamless. • Reference material is helpful for understanding the importance of inspection. • This is great information for the public. • Staff at the Boulder Reservoir are very helpful and knowledgeable • Is a broad campaign needed when all boats entering the Boulder Reservoir are inspected and all boaters are informed of Boulder Reservoir ANS requirements? • Can ANS be spread by mechanisms other than by boat? B. Operating Budget Update Hite presented this item to the Board. PRAB members shared the following comments/questions about this item: • Appreciation for the hard work and difficult decisions made by staff. Agenda Item 8: Matters from the Board A. Ecosystems, Climate Change and Community Well-Being – Joint Advisory Board Meeting Update • Meeting was beneficial and informative. • Consensus that growth and development is a major issue affecting Boulder. • Enjoyed meeting people from other boards and discussing issues and hearing different viewpoints and perspectives. • Structure of the meeting limited option development. • This type of meeting provides exposure to different boards and learning how they work. B. PRAB New Member Mentor/On-Boarding • Mentor assignements and on-boarding will be discussed at the PRAB retreat in October C. PRAB Retreat Agenda Review • A Doodle poll will be conducted to identify meeting dates in November and December. D. PRAB Community Engagement Updates - Board members attended the following activities/meetings/tours: Attended the Duck Race; Movie in the Park; McGuckins “Round-Up”; Volunteered at Jai Pur Festival; Octoberfest Festival; EAB Joint Advisory Board meeting; Tot Park; and Cyclocross. Adjourn: There being no further business to come before the Board at this time, the meeting was adjourned at 7: 27 p.m. Approved by: Attested: _________________________ ________________________ Tom Klenow Sarah DeSouza Board Chair Board Secretary Date _____________________ Date ____________________ AGENDA ITEM #___V-A___PAGE___1____ C I T Y O F B O U L D E R PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM MEETING DATE: October 22, 2018 AGENDA TITLE: Public Hearing and Consideration of a Motion to approve the Parks and Recreation Advisory Board’s recommendation to City Council concerning the conveyance of two permanent easements on City park land (Scott Carpenter Park), pursuant to City Charter Sec. 162, to the proposed grantees for operation of an irrigation ditch. PRESENTERS: Yvette Bowden, Director, Parks and Recreation Department Alison Rhodes, Deputy Director Jeff Haley, Planning, Design and Community Engagement Manager Doug Godfrey, Parks Planner, Parks and Recreation Department Joanna Bloom, Source Water Project Manager, Public Works EXECUTIVE SUMMARY: The purpose of this item is to request approval for the conveyance of two permanent irrigation ditch easements in Scott Carpenter Park (SCP). The city needs to relocate a section of the pipe through Scott Carpenter Park to accommodate the pool renovation and park improvements. The University of Colorado (CU), which owns shares in both ditches, desires to re-establish irrigation of their East Campus property with irrigation ditch water. A new pipe from Scott Carpenter Park and under 30th Street is needed to deliver irrigation ditch water to East Campus (Exhibit A). Both the relocation of the existing ditch (“Combined Ditch Relocation”) and the re-establishment of an irrigation line to the east side of 30th Street (“Extension”) require that the city grant easements for maintenance and operations access to the ditch water users. BACKGROUND The PRAB approved the concept plan for the redevelopment of Scott Carpenter Outdoor Pool (Attachment B) in January 2017. In November2017, the Boulder community passed an extension of the Community, Culture, and Safety (CCS) tax that provided additional funds – above the approved Capital Improvement Program (CIP) – for the redevelopment project. The project includes renovations to the existing bathhouse to meet current building codes and standards for accessibility. An addition to the existing bathhouse to accommodate additional area for locker rooms, family changing rooms, exterior bathrooms, and a dual-facing concession space is also proposed. The existing 50m lap pool will be enlarged from six lanes to 10 lanes to accommodate 75ft x 50m swimming. Leisure elements including slides, a diving board, a lazy river and a splash pad will accommodate a wide range of age groups and interests. AGENDA ITEM #___V-A___PAGE___2____ Completion of the project requires the relocation of approximately 530 linear feet of existing piped ditch to avoid conflicts with proposed aquatic improvements and minimize impacts to a site that has many constraints. Exhibit A shows the existing ditch alignment from the western SCP property line south of Marine St., then extends east and south through the park and eventually extending back to Boulder Creek. The relocated ditch piping shown in Exhibit A will install approximately 592 linear feet of pipe. The relocated ditch will begin at the west property line and run east through the southern portion of the existing baseball field and then reconnect into the existing ditch in the 30th Street parking lot, just east of the existing bathhouse. A 20-foot easement for operation and maintenance purposes will be associated with the relocated portion of the ditch and associated infrastructure (e.g. pipe, manholes). The relocated portion of the ditch and the prescriptive easement will be abandoned, and the existing portion of the ditch will be removed or filled in as part of the pool redevelopment project. Any disturbance to the baseball field will be mitigated and restored to acceptable playing conditions prior to the regular season of use. The city will assume routine and capital maintenance responsibility for the 592 feet of relocated ditch. The Parks and Recreation and the Utilities Maintenance Departments will coordinate on maintenance duties. Attachment C shows current plans of the engineered alignment as well as installation details. The extension from the existing ditch across 30th Street is desired by CU, a McCarty and Smith & Goss Ditch shareholder, for the future irrigation of approximately 13 acres of land east of 30th Street. The Department originally brought this item before the PRAB in February 2018. The item was delayed allowing for ongoing negotiations between the city and the Water Users regarding the Combined Ditch Relocation and Extension. ANALYSIS: An easement is required to meet maintenance and operation needs of the Smith and Goss Ditch and McCarty Ditch water users. During the February 2018 discussion, staff clarified that this easement does not impact park, aquatic or facility operations in any way. The easement will not impact the current location of the ball field fence line. The conveyance of an easement is considered a disposal of park land and per City Charter Sec. 162, disposal of park land requires review and approval from the PRAB, a non-binding recommendation from Planning Board and, per Section 2-2-8 of the Boulder Revised Code (B.R.C. 1981), “Conveyance of City Real Property Interests”, City Council approval is required for conveyance of any interest in any city real property. Section 162 states that park lands may be disposed of by the City Council, but only with the affirmative vote of at least four members of the Parks and Recreation Advisory Board (PRAB). The City is currently in the process of finalizing an agreement with the Ditch Water Users. The agreement will address the easements associated with the Combined Ditch Relocation and the ditch Extension, maintenance responsibilities and construction responsibilities. The City will not convey the easements to the Ditch Water Users until the agreement is finalized and construction of the relocated Combined Ditch and Extension are complete. The specific legal description for each easement will be based on as-builts following construction but will be substantially as depicted in Exhibit A and as described in this memo. AGENDA ITEM #___V-A___PAGE___3____ An affirmative vote by at least four members of the PRAB is required for this disposal. An advisory recommendation, not binding on the City Council, must also be obtained from the Planning Board. STAFF RECOMMENDATION: Staff recommends the PRAB approve the recommendation to the City Council concerning the conveyance of two permanent easements at Scott Carpenter Park. Suggested Motion Language: Motion to approve the Park and Recreation Board’s recommendation to City Council concerning the conveyance of two permanent easements on City park land (Scott Carpenter Park), pursuant to City Charter Sec. 162, allowing the easement holders to access, use and operate those ditch portions, including: a) the conveyance of a permanent easement of approximately 592 feet to the Smith and Goss Ditch and McCarty Ditch water users; and b) the conveyance of the permanent easement of approximately 110 feet to the University of Colorado, in substantially the same form and as generally depicted on as presented in Attachment A. NEXT STEPS: • November 15, 2018: Planning Board Public Hearing on the conveyance of easements. • December 4, 2018: City Council consent item on the disposal of property as permanent easements. ATTACHMENTS: Exhibit A: Illustrative plan of existing and proposed Combined Ditch Relocation and Extension Attachment B: January 2017 approved concept plan for Scott Carpenter Outdoor Pool Attachment C: Engineered plans and details for Combined Ditch Relocation ?/Length subject to Carriage Agreement + "Combined Ditch" ###### # # # # ## # ## ! ! ! EScott Carpenter Park Reconstruction Project ########### # # # # !!!!!!! Relocation Extension BBoouull dd eerr CC rr eeeekk 0 0.25 0.5Miles 12th St.Headgate 0 140 280Feet Start of "Ditch"Outfall to Creek Smith and Goss DitchSmith and Goss Ditch Boulder and W hit e R o c k Dit c h Boulder and W hit e R o c k Dit c h Scott CarpenterScott CarpenterParkPark CU EastCU EastCampusCampus McCa r t y D i t c h McCa r t y D i t c h Exhibit AMcCarty DitchMcCarty Ditch Boulder CreekBoulder CreekDitchesDitches # # #Relocation ! ! !Extension Extension Easement Exhibit A OVERALL CONCEPT PLAN * Plans and drawings are conceptual only and represents general sizes and amenity options for prioritization. SITE PLAN SCALE: 1” = 60’-0” LEGEND POOL DECK POOLS GRASS AREA ILLUSTRATIVE ELEVATION SKETCH SCALE: NTS Amenity A - Building B - Lap Pool C - Family Elements D - Site Elements A B C D D D C EXISTING TREE NEW TREE PROJECT GOALS MET Balance Lap Swimming Needs with Open Swim Availability - 10 lane 50m converts to 21 lane, 25yd lap swim with bulk head allowing for flexible use Provide Multi-Generational Amenities that are Multi-Use - Deep water exercise areas - Tower slide, climbing walls, log rolls - Lap swimming and open swimming alternatives Upgrade Existing Facilities - Renovations and additions to the existing bathhouse to accommodate locker rooms, pool equipment, and administrative functions Illustrate Partnership Opportunities - Possible addition of 2 diving boards - Possible addition of retractable roof Incorporate Sustainable and Environmentally Friendly Design - Plan allows for inclusion of a variety of sustainable and environmental design opportunities 50 METER LAP POOL WITH BULK HEAD LAZY RIVER WITH NATURAL ROCK FEATURES SLIDE FROM BUILDING OPEN BREEZEWAY SHADE STRUCTURE LEGEND OF SYMBOLSKnow what'sbelow.before you dig.CallRJLBDATE:REVISIONS:DRAWN BY:REVIEWED BY:PROJECT #:DRAWING TITLE:SHEET #:685 S. ARTHUR AVE., UNIT 12-BLOUISVILLE, CO 80027P/F: 303.952.5080www.essenza-arch.comCESSENZA ARCHITECTURE, LLC 2017ISSUE:SCOTT CARPENTER BATHHOUSE 1505 30TH ST. BOULDER, CO 8030310/15/2018743 PEAR COURTLOUISVILLE, COLORADO 80027PHONE: 303.604.1634jim@jlbcivil.comCONSULTANTSENGINEERINGLJBMINOR SITE REVIEWAMENDMENT LUR2018-00002TECH DOCSC201SITE LAYOUT - WESTSL11442DSSJLB LEGEND OF SYMBOLSKnow what'sbelow.before you dig.CallRDATE:REVISIONS:DRAWN BY:REVIEWED BY:PROJECT #:DRAWING TITLE:SHEET #:685 S. ARTHUR AVE., UNIT 12-BLOUISVILLE, CO 80027P/F: 303.952.5080www.essenza-arch.comCESSENZA ARCHITECTURE, LLC 2017ISSUE:SCOTT CARPENTER BATHHOUSE 1505 30TH ST. BOULDER, CO 8030310/15/2018743 PEAR COURTLOUISVILLE, COLORADO 80027PHONE: 303.604.1634jim@jlbcivil.comCONSULTANTSENGINEERINGLJBMINOR SITE REVIEWAMENDMENT LUR2018-00002TECH DOCSC202SITE LAYOUT - EASTSL21442DSSJLBJLBAttachment C Know what'sbelow.before you dig.CallRJLBDATE:REVISIONS:DRAWN BY:REVIEWED BY:PROJECT #:DRAWING TITLE:SHEET #:685 S. ARTHUR AVE., UNIT 12-BLOUISVILLE, CO 80027P/F: 303.952.5080www.essenza-arch.comCESSENZA ARCHITECTURE, LLC 2017ISSUE:SCOTT CARPENTER BATHHOUSE 1505 30TH ST. BOULDER, CO 8030310/15/2018743 PEAR COURTLOUISVILLE, COLORADO 80027PHONE: 303.604.1634jim@jlbcivil.comCONSULTANTSENGINEERINGLJBMINOR SITE REVIEWAMENDMENT LUR2018-00002TECH DOCSC402PLAN AND PROFILE -MCCARTY DITCHSDPP11442DSSJLBJLB JLB Know what'sbelow.before you dig.CallRDATE:REVISIONS:DRAWN BY:REVIEWED BY:PROJECT #:DRAWING TITLE:SHEET #:685 S. ARTHUR AVE., UNIT 12-BLOUISVILLE, CO 80027P/F: 303.952.5080www.essenza-arch.comCESSENZA ARCHITECTURE, LLC 2017ISSUE:SCOTT CARPENTER BATHHOUSE 1505 30TH ST. BOULDER, CO 8030310/15/2018743 PEAR COURTLOUISVILLE, COLORADO 80027PHONE: 303.604.1634jim@jlbcivil.comCONSULTANTSENGINEERINGLJBMINOR SITE REVIEWAMENDMENT LUR2018-00002TECH DOCSC403PLAN AND PROFILE -STORM DRAINSDPP21442DSSJLBJLBJLB AGENDA ITEM - DISCUSSION C I T Y O F B O U L D E R PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM MEETING DATE: October 22, 2018 AGENDA TITLE: Discussion – Boulder Reservoir Café Lease (2019-2023) PRESENTERS: Yvette Bowden, Director, Parks and Recreation Department Alison Rhodes, Deputy Director, Parks and Recreation Jeff Haley, Planning Design and Community Engagement Manager Margo Josephs, Community Partnerships and Outreach Manager Keith Williams, Regional Facilities Manager Stacy Cole, Boulder Reservoir Manager EXECUTIVE SUMMARY: This item provides the Parks and Recreation Advisory Board (PRAB) with information concerning the proposed lease and operation of the café to be constructed in 2019 at the Boulder Reservoir as part of the Boulder Reservoir Visitors Center redevelopment project. Resulting from a competitive process, this public-private partnership opportunity was developed over the course of several months with the preferred operator, Spice of Life Catering LLC, a Boulder-based award-winning catering and special events company. The parties have negotiated in good faith and propose a lease with a term of August 1, 2019 – December 31, 2023 as further described in this document. The proposed agreement: •Enhances the service and business model of seasonal concession operations at the Boulder Reservoir as desired by the community and reflected in the approved Boulder Reservoir Visitors Center concept plan; •Ensures public access and allows for supplemental use of the facility beneficial to the operator and the city; •Codifies the operator’s intent to invest up to $100,000 in impermanent infrastructure (kitchen appliances and furnishings) offsetting such investments by the City; •Codifies the operator’s intent to support expansion of the Boulder Reservoir patio in order to accommodate supplemental use of the site; •Anticipates the operator’s pursuit of a licensure for the sale, service and consumption of alcoholic beverages at the café; and •Aligns with Master Plan direction concerning the financial sustainability of the department’s facilities and programs (Master Plan Theme 3D – leverage partnerships to increase funding and optimize service provision) as well as the Boulder Reservoir Business Plan. AGENDA ITEM - DISCUSSION BACKGROUND: Over several years, the department has explored and documented asset deficiencies at the Boulder Reservoir which are more fully described in the Boulder Reservoir Master Plan and department capital improvement plans (2012-2018). In 2016, staff implemented first phase improvements at the property including close to $1M in infrastructure improving site safety, access and sustainability along the site’s northern corridor. Concurrently throughout 2016, staff conducted extensive additional community engagement related to Boulder Reservoir capital improvement priorities in efforts to identify community desires in our fiscally constrained budget environment. This engagement and outreach included public meetings, open houses, outreach to current customers and stakeholder groups, on-line surveys, and maintenance of a webpage dedicated to reservoir planning efforts. The Boulder Reservoir Visitor Center concept plan (the “Concept Plan”) reflects the community’s preferred option for the next phase of site improvements. The Concept Plan was presented to and unanimously approved by PRAB during the January 23, 2017 meeting. The Concept Plan includes an improved and accessible south beach area with replaced bathing facilities, a patio with shade areas and café as well as identified future improvements such as an inclusive play area, boardwalk and potential event space. A limited $3.4M department investment has been included in the department’s 2018-2023 capital improvement plan supplemented by an ongoing capital campaign being conducted by the department’s nonprofit partner, the PLAY Boulder Foundation, toward inclusion of the inclusive play amenity, shade areas and the accessible boardwalk. In August 2016, the department hosted a listening session seeking feedback regarding potential public-private partnership opportunities at Boulder Flat Irons Golf Course, the Civic Area and, most pertinent to this memo, the Boulder Reservoir. The listening session invited area commercial retail developers and hospitality, brewery, catering and food and beverage companies to give input as to ways future city capital improvement efforts might include third-party partnership opportunities enhancing site visiting experiences and aiding in the financial sustainability of site operations. During the listening session, staff was able to identify widely-held perspectives and topics of interest to prospective partners including property ownership, capital expenses and construction responsibility, revenue share expectations, parking, branding, alcohol licensure, and public access expectations. As aligned with the community supported Concept Plan, staff initiated a process to identify a suitable vendor in exploring the Boulder Reservoir Visitors Center café as a public-private partnership opportunity. ANALYSIS: Following PRAB’s approval of the Concept Plan, the department considered whether the envisioned café/concession amenity might be more efficiently and sustainably operated by the department or a third-party operator. Staff’s discussion considered: AGENDA ITEM - DISCUSSION • Hospitality experience (including events management); • Experience in the culinary concepts, preparation, service and management of a food/beverage business; • Implications regarding the potential service, sale or consumption of alcoholic beverages on site (including the management and supervision of TIP-certified bartenders); • Experience with the construction, design, furnishing, operation and maintenance of a commercial kitchen or food service facility; and • The extent of anticipated city capital and operational expenses. Staff ultimately determined that third-party operation was preferred and might take the form of a mutually beneficial public-private partnership opportunity. A Request for Information solicitation (RFI No. 34-2017 – Attachment A) was developed and issued through the city’s purchasing department on May 5, 2017 seeking concepts from potentially interested entities. That document was subsequently refined as a Request for Qualifications again published by the city’s purchasing department on November 17, 2017 (RFQ No. 121-2017 – Attachment B). The RFQ was timely and qualitatively responded to by two organizations, one of which subsequently withdrew interest upon further exploration of city investment expectations. The other organization, Spice of Life Catering LLC (SOL), has been deemed qualified by staff and was invited to participate in formal negotiations which resulted in the Lease Agreement that is the subject of this discussion item. About the Lessee - SOL is a Boulder-based catering and events company with close to thirty years of experience in the Front Range. SOL has been recognized with the Boulder Daily Camera’s “People’s Choice Award” in catering (1999-2017) and has been named Boulder Weekly’s “Best of Boulder” catering awardee from 2000-2017. The company has a “green initiatives” program espousing many of the city’s own sustainability practices. In addition, the company has a prior tenant experience with the city and has previously held event-related and facility-related alcoholic beverage licensure in the city with no prior cited infractions. Agreement Terms Overview - The Boulder Reservoir is a department asset and a unique public amenity. The development of a café as part of the Boulder Reservoir Visitors Center redevelopment project is considered an ancillary use of the property and is anticipated as part of the PRAB-approved Concept Plan. The Concept Plan and resulting design has been reviewed and approved to proceed to the design document stage of permitting with concurrent construction general contractor identification underway. Under the negotiated terms of the agreement, the café would remain a City of Boulder property and department asset. The parties have negotiated in good faith over the course of several months developing a mutually beneficial model for the completed development and ongoing operation of the café thereafter. As the negotiated terms call for a significant SOL investment in impermanent infrastructure and anticipates SOL application seeking premises specific licensure authorizing on-site sale, service and AGENDA ITEM - DISCUSSION consumption of alcoholic beverages, staff has recommended that the agreement be in a Lease format beyond the one-year term thereby requiring PRAB support. As the facility is still to be constructed, the proposed lease includes intent language addressing critical commitments of the parties prior to receipt of certificate of occupancy for the project’s capital improvements. The parties have agreed to a term of five (5) years with an option of two three (3) year renewal periods for a total possible length term of eleven (11) years as the parties might subsequently agree in writing. The parties have further developed a mutually beneficial revenue and expense share model preserving the visiting public’s use and achieving other tenets of the department Master Plan. An overview of the proposed terms follows and is more fully described in the draft Agreement (Attachment C). • Café Ownership - City of Boulder • Capital investment – City of Boulder (construction and fixed infrastructure) SOL to provide impermanent kitchen infrastructure. • Seasonal Operation (May-September annually throughout the Term) • Supplemental Hours and operation as the parties might agree in writing • Rent and Common Area Maintenance fee charged to and paid by SOL monthly each Season during the Term • Exclusivity – Café operations and services anticipated by this agreement are confined to the Café and patio area of the Boulder Reservoir Visitors Center project. Exclusive of alcohol licensure, if and as awarded, the city reserves the right to contract with other entities to provide food and nonalcoholic beverage services elsewhere on the reservoir property and offseason. Continued Concession Services Through Construction - The Boulder Reservoir has featured affordable seasonal concessions as part of the site’s operation for many years offering lite fare, limited shade and no indoor seating. The current concession program serves visitors only during the swim beach season. The current vendor’s agreement runs through November 30, 2018 and that operator has been formally notified of anticipated discontinuation of their license agreement in anticipation of the site’s redevelopment. That vendor was invited to participate in the RFI, RFQ and finalist interview processes associated with this selection ultimately choosing to withdraw in favor of another opportunity with the city at Flat Irons Golf Course. SUSTAINABILITY IMPACT: The proposed Lease Agreement aligns with city sustainability requirements and will support zero waste initiatives. FISCAL IMPACT: The Lease Agreement increases and stabilizes anticipated department revenues related to site concessions while providing a beneficial business opportunity for the Lessee. In addition to more than doubling the seasonal concession related revenues derived by the department compared to prior arrangements, this Lease Agreement more sustainably addresses the costs of common area maintenance, creates city passive income opportunity and supports the city general fund through anticipated retail sales tax revenues generated by the Lessee. AGENDA ITEM - DISCUSSION Through this discussion item and in anticipation of bringing a related Action Item before PRAB in November 2018, PRAB will be asked to provide advisory input for the department related to the aforementioned community engagement, selection and negotiation processes as well as input regarding the terms of the proposed lease agreement. QUESTIONS FOR PRAB: 1. Does PRAB have questions regarding staff’s community engagement, selection or negotiation processes related to the selection of the operator of the envisioned Boulder Reservoir Visitor Center café amenity? 2. Does PRAB support staff’s recommendation to proceed to finalized agreement terms with Spice of Life LLC concerning anticipated operation of the café at the Boulder Reservoir as aligned with department Master Plan direction? NEXT STEPS: November 2018 PRAB Action Item (Lease – Boulder Reservoir Café/Spice of Life) December 2018 City Council Item on Consent/Heads Up 2019 Facility construction Attachments: A – Request for Information No. 34-2017 (Boulder Reservoir Concession/Café) B – Request for Qualifications No. 121-2017 (Boulder Reservoir Concession/Café) C – DRAFT Lease Agreement between City of Boulder and Spice of Life LLC - Boulder Reservoir Café CITY OF BOULDER, COLORADO REQUEST FOR INFORMATION RFI NO. 34-2017 Public-Private Partnership Opportunity at Boulder Reservoir ISSUE DATE: May 15, 2017 DUE DATE: June 15, 2017 by 2 p.m. CONTACT: Margo Josephs Parks & Recreation Department josephsm@bouldercolorado.gov 303-413-7251 Attachment A 2 CITY OF BOULDER, COLORADO RFI # 34-2017 PUBLIC-PRIVATE PARTNERSHIP OPPORTUNITY: BOULDER RESERVOIR TABLE OF CONTENTS Contents TABLE OF CONTENTS .............................................................................................................................. 2 NOTICE OF REQUEST FOR INFORMATION .......................................................................................... 3 SPECIFICATIONS ....................................................................................................................................... 4 Context for the RFI: .................................................................................................................................. 4 Objective of RFI ....................................................................................................................................... 5 Current Development Plans – Boulder Reservoir Visitor Services Center ............................................... 5 Public-Private Partnership (PPP) Frameworks ......................................................................................... 6 Site Characteristics for Business Case Development: .............................................................................. 6 RFI Deliverables/Packet for Submission: ................................................................................................. 7 CONTACT INFORMATION, SITE VISITS, & FAQ PROCESS: .............................................................. 8 RESPONDENT CONTACT PAGE ............................................................................................................. 9 APPENDIX A: Boulder Reservoir South Shore Concept Plans ................................................................. 10 3 CITY OF BOULDER, COLORADO RFI # 34-2017 PUBLIC-PRIVATE PARTNERSHIP OPPORTUNITY: BOULDER RESERVOIR NOTICE OF REQUEST FOR INFORMATION The City of Boulder Purchasing Division and the Parks and Recreation Department are releasing this Request for Information (RFI) that seeks non-binding business plans/proposals from interested food/beverage/events retail entities to determine the level of interest in this regional business opportunity with Boulder Parks and Recreation (BPR). The RFI solicits information from the private sector on the most appealing types of public-private partnership (PPP) agreements at this property given experienced partner perspectives. With this information, BPR could design a RFP that is reflective of both the private and public sector interests. Sealed packets will be received until 2:00 p.m., June 15, 2017 in the office of the Purchasing Coordinator, 1777 Broadway, Boulder, Colorado. Sealed packets shall be plainly marked on the outside of the envelope “RFI # 34-2017, Public- Private Partnerships, 2:00 p.m., Thursday, June 15, 2017”, and addressed to: Pam Andrus City of Boulder - Purchasing P.O. Box 791 Boulder, CO 80306 Hand carried packets (and all non-USPS delivery services) shall be delivered to the Purchasing Office, 1777 Broadwa y, Boulder, Colorado 80302. No late packets will be accepted. Preference is given to labor, materials, supplies, or provisions produced, manufactured or grown in Colorado, qualit y and price being equal to articles offered by companies outside the state. A copy of the packet may be obtained from the Rocky Mountain E-Purchasing (Bidnet) web site at: www.bidnetdirect.com/colorado City of Boulder, Colorado A Municipal Corporation By ______________________ City Clerk 4 CITY OF BOULDER, COLORADO RFI # 34-2017 PUBLIC-PRIVATE PARTNERSHIP OPPORTUNITY: BOULDER RESERVOIR SPECIFICATIONS This RFI explores development and going-forward operation of a food/beverage/events amenity adjacent to a City-owned building and on City-owned property to enhance the year-round Boulder Reservoir visiting experience. Through issuance of this RFI, the City would explore a potential relationship:  leveraging the City’s own timing and capital investment on the property;  potentially involving a long-term lease arrangement of 20-30 years or other negotiable frameworks encouraging potential partner investment;  revenue-generation activities on a public park site (not unlike the Dushanbe Teahouse or Chautauqua Dining Hall);  considered use to also include facility rentals; and  potential partner pursuit of liquor licensure on site. This opportunity can otherwise be identified as “Building D” on the South Shore concept plan attached as Appendix A, which has been approved by the Parks & Recreation Advisory Board and has been extensively vetted in the community. Context for the RFI: The Boulder Parks & Recreation Master Plan (2014) calls for the department to explore potential partnerships which would aid in the provision of enhanced services to the Community and sustainability of Boulder’s urban park assets and programs. The Department is pursuing on-site food/beverage/events related retail offerings at certain facilities including in this instance, the Boulder Reservoir accessible from Jay Road and 51st Street in Boulder, CO. The content of the RFI and potential on-site business opportunity is timed to advantageously leverage City of Boulder planned capital investment (permitting and construction) at the property (2018). This Request for Information (RFI) seeks non-binding business plans/proposals from interested food/beverage/events retail entities to determine the level of interest in this regional business opportunity 5 with Boulder Parks and Recreation (BPR). The RFI solicits information from the private sector on the most appealing types of public-private partnership (PPP) agreements at this property given experienced partner perspectives. With this information, BPR could design a RFP that is reflective of both the private and public sector interests. Objective of RFI BPR is looking for a partner to bring a vision, experience, and capital to the Boulder Reservoir (BR) to enhance the experience of the visitors through the establishment of an additional facility and service that furthers BPR’s mission. The first step to forming a PPP at the Boulder Reservoir is to identify the regional business community’s interest in such a partnership through this RFI. Pending the level of interest BPR would look to solicit formal bids through a request for proposals (RFP) process later in 2017. Responses to this RFI should take the following into consideration. BPR is seeking a creative vision from a private entity, which could entail an events area, restaurant, catering center, additional recreational options, or other amenities within the public benefit zoning regulations of the location. Essential to any vision on the site is that the concept strive to meet the major elements of the BPR Mission1. BPR desires a partner that has had success in marketing and implementing their services in the private market for a minimum of 5 years and encourages collaboration between multiple businesses with different expertise. Lastly, BPR is looking for a partner-investor, so this means bringing resources to the table in the form of capital support. The site offers an immense business opportunity and to help vendors understand the opportunity and form responses, BPR is providing details below about the benefits of partnering with the department and vital statistics to mapping out the potential for revenue generation. This RFI process is a non-binding fact finding effort that is geared toward an efficient ask of information (less than 5-pages) from interested parties to increase the odds of forming a public-private partnership. The specific elements BPR is requesting in response to this RFI are listed below. Current Development Plans – Boulder Reservoir Visitor Services Center BPR is on schedule to construct a new Visitor Services Center (VSC) at the Boulder Reservoir starting fall of 2018 and opening in spring of 2019. The new 5,400 sq. ft. facility will replace the existing administration and bath house building and is proposed to be the center of recreation and activities at the Reservoir. The VSC will include a new entry/arrival space, a new bath house and locker room building, staff offices and a public hall and dining area. In addition, the new facility will include a large public plaza offering outdoor dining and events spaces overlooking the Reservoir and beach areas. The second phase of the new facility is proposed to include a roughly 2,200 sq. ft. events/restaurant/catering space which is the subject of this RFP. This space would include private outdoor patio space for events with views of both the Flatirons and the Reservoir, as well as outdoor dining space on the main patio that could be enclosed as required by liquor licensing regulations. Ample parking is available on site including a separate parking area that could be utilized for private events. 1 BPR’s Mission Statement: BPR will promote the health and well -being of the entire Boulder community by collaboratively providing high-quality parks, facilities, and programs. 6 Public-Private Partnership (PPP) Frameworks There are a wide variety of PPP models. The options listed below are intended to elicit thoughtful and creative responses from the business community, but the list is not exhaustive and BPR is open to receiving proposed PPP designs that are not listed below. Considering in proposals that after the building is constructed BPR is able to contract for up to 20 years or with significant private investment the contract could be extended to 30 years. Within these timeframes BPR would also expect the agreement to include vendor interior finish, vendor operations and management of the facility or operations, management, and maintenance of the facility. The expectation is that each option below would have an annual base rate and/or revenue share paid to BPR, but the specifics and designs of the agreement would be negotiable based on the design proposed in responses to this RFI. 1. Capital Cost Share- Under this option, the potential agreement would include the private entity bringing capital to the design and build phase of the prospective building. The amount and payment schedule should be presented in relationship to the total cost of the project and roughly a year build timeline. 2. Upfront In-Kind Services to Support Construction- Under this option, the potential agreement would include the private entity bringing in-kind services (permitting, construction designs, construction materials or processes, interior furnishings/work, etc.) to the design and build phase of the project. Provide some sense of the value of these in-kind services as compared to the estimated building costs. 3. Lease to Own Structure/Development rights- Under this option, the potential agreement would include no capital during the design/construction phase but would require an agreement that establishes a higher annual base rate and revenue share to compensate BPR’s initial investment. This option could also result in the eventual ownership of the building and development rights of the location with conditions around use, maintenance, and potential future build-out. 4. Other- As noted above this is not an exhaustive PPP list, so if there is another design to consider please propose. Site Characteristics for Business Case Development: Reservoir: (add description text—Keith or Bryan) a. Annual Visitor Gate Entries: 300,000 b. 30-40 special events per year attracting 21,000 participants c. Zoning: Public Benefit (will require City of Boulder Planning to review plans) d. Building Size: 2,000-3,000 Sq. Ft. 7 e. Building Costs: Approximately $1,200,000 inclusive of vendor finish f. Structure will be ADA compliant g. Structure should be able to hold roughly 100 people h. Vendor could be listed as the preferred vendor for the site to serve events i. 30-40 special events/year; including Ironman and Boulder Triathlon ii. 200-300 picnics, parties, corporate events, and/or weddings i. Timeline for Build Completion: Target May 2019 or May 2020 j. Customer Type: boaters, swimmers, exercise enthusiasts, and a wide variety of individuals/community/educational or corporate events every year. k. Median Household Income (2015 $): $70,961 l. Gate Entry Fee: $7/adult, $4/child (3-18), $5/Senior (60+)—BPR is willing to negotiate waiving entry fees for individuals who are using this new site pending the response to this RFI m. Current On-Site Concessions (food/non-alcoholic drinks-$2-$12)—management of the concessions area could also be included in the response to this RFI but this information is to present current market conditions at the site. n. BPR is committed to supporting the establishment of a liquor license for the site o. Free parking RFI Deliverables/Packet for Submission: a. Executive Summary (~1 Page) i. Overview of potential business (including type of service and structural needs), PPP design, and reason for interest in partnering with BPR ii. Brief business history/experience iii. Market advantage over other potential competitors (aka, why you?) b. Financial Impacts (table format ~1-2 pages) iv. Estimates around revenues and expenses with some basic detail around assumptions (upfront capital investment—loan/cash/in-kind/etc., # of users, service prices and costs, staff needs, equipment needs, etc.) c. Context (1-2 pages) v. More details on product/services vi. Fit with audience vii. Brief Business history/experience 8 CONTACT INFORMATION, SITE VISITS, & FAQ PROCESS: Contact: Margo Josephs Parks & Recreation Department josephsm@bouldercolorado.gov 303-413-725 Site Visits: Site visits are available upon request, please reach out to Margo to schedule. FAQ Process: All questions regarding this RFI should be directed to Margo Josephs, questions and answers will be publicly posted one week prior to the close of this RFI on www.bidnetdirect.com/colorado. 9 CITY OF BOULDER, COLORADO RFI #34-2017 PUBLIC-PRIVATE PARTNERSHIP OPPORTUNITY: BOULDER RESERVOIR RESPONDENT CONTACT PAGE Having examined and understood RFI #34-2017, the following is hereby proposed for consideration and evaluation: (enclosed on the attached sheets). Please use Company Name as submitted to the IRS. Co mpany Na me As Submitted To IRS Address of Co mpany City / State / Zip Code Telephone Number (800 Number if Available) and Fax Number Signature of Authorized Representative and Date Print or Type Full Name and Title FILL OUT THE FOLLOWING ONLY IF DIFFERENT FROM ABOVE Remit To/ Invoicing Address of Company Remit to / Invoicing City/ State / Zip 10 APPENDIX A: Boulder Reservoir South Shore Concept Plans 11 CITY OF BOULDER, COLORADO Finance Department / Purchasing Division 1777 Broadway P.O. Box 791 Boulder, Colorado 80306 Telephone: 303-441-3054 Email: greyc@bouldercolorado.gov RFQ NO. 121-2017 SUBMISSION DEADLINE: 4:00 PM, Friday, December 15, 2017 REQUEST FOR QUALIFIACTIONS FOR Concession/Vendor Partnership At The Boulder Reservoir FOR ADDITIONAL INFORMATION CALL: Margo Josephs City of Boulder – Parks & Recreation TELEPHONE NO. 303-413-7251 JosephsM@bouldercolorado.gov Attachment B CITY OF BOULDER, COLORADO REQUEST FOR QUALIFICATIONS FOR CONCESSION/VENDOR PARTNERSHIP AT THE BOULDER RESERVOIR RFQ #121-2017 The City of Boulder is soliciting Statements of Qualifications from qualified food and beverage entities to invest in and operate a long-term leased space at the Boulder Reservoir property (waterfront area) located at 5565 N 51st St., Boulder, CO 80301. An opportunity exists for the development and operation of a café/eatery (indoor/outdoor venue with mountain and waterfront views) and to become the indoor catering entity for private and special events occurring on the property. This cafe/eatery will replace and enhance concession offerings on the property welcoming the venue’s estimated 300,000 guests per year. Timing of this offering is intended to coincide with a scheduled $3.4M City of Boulder capital improvement project on the property (launching in 2018 and concluding in May 2019 at the beginning of the facilities high season) which includes replacement of the public restrooms/showers, the concession amenity and site administrative offices. A financing letter of intent and lease development negotiations would commence immediately upon selection of the successful entity. Context for the RFQ Approved by Boulder City Council in 2014, the Boulder Parks & Recreation Master Plan calls for the exploration of partnerships providing and enhancing services to the community and sustainability of Boulder’s urban park assets and programs. Boulder Parks and Recreation (BPR) is pursuing this RFQ seeking a mutually beneficial on-site food and beverage business relationship at the Boulder Reservoir. This opportunity is intended to advantageously leverage City of Boulder planned capital investment of $3.4M (including permitting and construction) at the property. In 2015, BPR received City Council and Parks & Recreation Advisory Board (PRAB) support for the initiation of capital improvement planning which would renovate the 35-year old Reservoir Visitor Center and beach front. The concluded public engagement process informed initial designs for the project and a concept plan for the site was approved by PRAB in January 2017 (See Exhibit A). The Boulder Reservoir is in northeast Boulder with a main entrance off 51st Street north of Jay Road. This amenity caters to a regional visiting population in an increasingly densifying area in Boulder County (North Boulder and Gunbarrel). The community has expressed a desire for Boulder Reservoir to be enhanced as a multi-use park with an extended season and more amenities. Qualified entities who might enter into an agreement with the department are those with prior food service experience who can leverage this unique opportunity (See Exhibit D). The ultimately successful entity must have the vision and business skills necessary to maximize the community benefit, visitation experience and economic potential complimentary to this unique location along the Front Range. The City of Boulder will select the best overall entity that achieves these goals based on the criteria set forth in this RFQ and through subsequent negotiations. Additional information 1. Annual Visitor Gate Entries: 300,000 (regional) 2. Zoning: Public Benefit (City of Boulder Planning review to be coordinated by BPR) 3. Concession/Eatery Building Costs: Approximately $1,200,000 inclusive of selectee finishes 4. Structure will be ADA compliant and comply with all other applicable ordinances 5. Customer Type: Families, boaters, swimmers, exercise enthusiasts, and a wide variety of individuals/community/educational or corporate events every year. Regular off-season visitation includes smaller events, cyclists, passive recreationalists and trail users. 6. Median Household Income (2015 $): $70,961 7. Current utilization: 30-40 special events/year (including Boulder Ironman and Boulder Triathlon; 200-300 picnics, parties, corporate events, and/or weddings) attracting 21,000+ patrons Development Plans – Boulder Reservoir Visitor Services Center BPR is on schedule to construct a new Visitor Services Center (VSC) at the Boulder Reservoir starting fall of 2018 and opening in spring of 2019. The new facility will include: • 7,300 sq. ft. facility with outstanding views of Boulder Reservoir to the east and foothills to the west; • A new entry/arrival space and conference room; • A new bath house and locker room building; • A reimagined cafe/eatery with indoor/outdoor dining areas; and • Reservoir staff office space The envisioned cafe/eatery will be a city-owned property pursuant to applicable zoning and the establishment’s designation as an “ancillary use” (See Exhibit B). The selected successful entity will nonetheless play an integral role in influencing venue branding and furnishings (indoor/outdoor). Investment by the successful entity is sought solely to: • Encourage the long-term interests of both parties; and • Allow the City to extend greater resources to public offerings on the site (match to PLAY Foundation fundraising amenities including a boardwalk, overlooks and playground). A listing of assets which would be covered by said investment by the city and selected entity is attached as Exhibit C. The planned concession/eatery space includes: • A roughly 660 square foot concessions kitchen; • A 1,600-square foot indoor/outdoor dining area with gas-operated fireplace; • Two accessible public restrooms (complimenting the facilities available in the adjacent locker rooms); and • A dedicated service access to the kitchen. The facility is estimated to have a roughly 100-person maximum seating capacity and the layout is still negotiable post RFQ Selectee identification. In addition, this renovated area of the Boulder Reservoir will include a larger public plaza offering outdoor gathering and event spaces overlooking the Reservoir and beach areas. Ample parking is available on site including a separate parking area that could be utilized for private events. Additional features (boardwalk, overlooks and playground) on the property are being pursued via a concurrent fundraising effort of the PLAY Boulder Foundation (http://www.playboulder.org/). Tentative Selection and Project Schedule: The City of Boulder Parks & Recreation panel will screen respondents selecting up to three (3) entities who will proceed to interviews and full RFP phase of negotiations. A final awardee will be selected with all parties notified of the selection on or before January 19, 2018 at which point the City will enter a Letter of Intent with the awardee organization and commence full contracting negotiations. Qualified organizations should expect that the envisioned café/eatery would be constructed throughout 2018 and available for occupancy by the summer of 2019. RFQ Issued …………………………………… November 17, 2017 Question and Answer Deadline……………….. December 8, 2017 RFQ Response Deadline………………………. December 15, 2017 – 4:00 P.M. RFQ Response Review………………………… December 18, 2017 through January1, 2018 Candidate Interviews…………………………... January 8 through January 18, 2018 City enters Letter of Intent…………………….. January 19, 2018 Contract Negotiations…………………………. January 19 through February 2, 2018 Construction …………………………………... September 2018 through Spring 2019 Site Open. . .…………………………………… May 2019 Question and Answer Deadline: All candidate’s communications concerning this proposed scope of services shall be directed to the project manager listed below. Respondent(s) should rely only on written statements issued by the project manager. A question and answer deadline has been set for end of business on December 8, 2017. All questions regarding this proposal must be received by that time. Responses to questions will be posted as an addendum on Bidnet. The Statement of Qualification will be evaluated for the following factors: Evaluation Item Weighting Qualifications to operate and maintain a food/beverage service 40% Proposed vision and food concept 30% Colorado Business License 10% Qualifications of personnel (catering and concession-related) 15% Candidate’s responsiveness to this RFQ, and ability to follow directions 5% I. Statement of Qualifications/Work Plan Should Contain the Following Elements: 1. Cover or Introductory Letter (1 page limit – 8 ½ x 11 paper) 2. Qualifications Section (2 page limit – 8 ½ x 11 paper) 3. Minimum font size for all sections is 10 point. II. Cover or Introductory Letter: 1. Address the cover or introductory letter to: Margo Josephs City of Boulder Parks and Recreation Department 3198 Broadway Boulder, Colorado 80304 2. Include the following information in the letter as a minimum and highlight these items in bold letters: a) Certification that the information and data submitted is true and complete to the best knowledge of the individual signing the letter; b) Name, telephone number, and e-mail address of single point of contact for the SOQ submittal; c) Current Business License Number; and d) An original signature in ink, by an authorized principal, partner, or officer of the business as required by the City. III. Qualifications Section Please provide the following information outlining relevant interest and experience: 1. Overview of business experience related to restaurant, catering or food services; 2. Information concerning type of operation, years of business and states/locales in which your business(es) operates; 3. Describe interest in the opportunity; 4. Describe proposed café concept; 5. Describe culinary philosophy and how it might evidence the uniqueness of the City of Boulder and the Boulder Reservoir venue; and 6. Describe scale of business (number of personnel, customers served, etc.) and other evidences of your businesses reputation in the operation of cafes/eatery establishments over the last five (5) years. Provide six (6) hard copies and one electronic copy of the SOQ submittal plainly marked “RFQ No. XX- 2017, Concession/Vendor Partnership at the Boulder Reservoir, December 15, 2017 and mailed in a sealed envelope to: Calder Grey City of Boulder / Purchasing Division 1777 Broadway Boulder, CO 80306 SOQs will be accepted until 4:00 p.m., Friday, December 15, 2017. The City reserves the right to reject any or all SOQs and waive any informality therein. The SOQ is prepared at each candidate's sole expense; becomes property of the City; and therefore a public record. Exhibit A: Approved Concept Plan Exhibit B: Café/Eatery Concept Exhibit C: Infrastructure Investment Reservoir VSC - Approximate Tenant Use Area Costs Structure Square Feet Cost/SF Subtotal Kitchen area 660 $522 $344,520 Bar area 200 $522 $104,400 Indoor Dining Area 560 $522 $292,320 Outdoor Dining Area 1,040 $14 $14,560 Tenant Use Area (selected entity investment = 1/3) $755,800 Equipment Unit Cost Qty Subtotal Upright commercial refrigerator $3,700 1 $3,700 Upright commercial freezer $3,135 1 $3,135 Ice Machine $3,275 1 $3,275 Commercial Range $10,429 1 $10,429 Microwave - cabinet mount $1,589 1 $1,589 Dishwasher $797 1 $797 Dishwasher - Commercial $5,651 1 $5,651 Make-up air unit, gas fired $5,978 1 $5,978 Pads, connections, pumps $3,288 1 $3,288 Dishwasher hood vent $1,841 1 $1,841 Commercial Kitchen Hood $5,644 1 $5,644 Cabinets $250 10 $2,500 Liquor Closet (included in SF cost) $0 0 $0 Sinks $500 2 $1,000 Prep Counters $2,000 2 $4,000 Equipment Subtotal $52,827 Tenant Finish/FFE Unit Cost Qty Subtotal Signage $2,000 1 $2,000 Roll up security shutter $600 2 $1,200 Bar $8,000 1 $8,000 Two-seat rectangular tables $100 21 $2,100 4' circular tables $125 6 $750 Bar Stools $70 25 $1,750 Chairs $80 64 $5,120 Service Ware $13,000 Tenant Finish/FFE Subtotal $33,920 Total Approximate Tenant Use Area Estimate $842,547 Selectee’s Anticipated Investment (1/3 Structural Kitchen Cost) + Equipment and Finish/FFE $300,000 (minimum) Exhibit D: Envisioned Terms Boulder Reservoir Opportunity Indoor café/outdoor concession vendor relationship City-owned building Majestic water and mountain views (300k+ visitors annually; est. 35 events/year) Café/eatery to operate as an ancillary use. Anticipated investment amt. $338,680 (1/3structure + equipment) Lease Term Minimum 10 years with renewal option(s) Subject to PRAB and City Council approval per City Code; Tentatively scheduled Q2, 2018 Outdoor furnishings and dual face fireplace City purchase Commercial Kitchen City permit/build; Selectee purchased equipment (see Exhibit C) Pursuit of alcohol licensure Expected – Selectee application for interior and terraced portion of patio only Customer Access Gate fee payable by customer Memorial Day through Labor Day, free during off season; on-site parking available CAM sharing CAM share to be negotiated based on square footage; City purchased dumpster Design, permitting and construction Est. square footage (660 kitchen sq. ft; 200 bar area sq. ft.; 1600 dining sq. ft.) City to coordinate and pay for facility construction permitting Rent Below Gunbarrel/Niwot/North Boulder mkt rate through lease term (escalator after 3 years to be negotiated) Advertising Benefit City-determined provision of space in the BPR Recreation Guide, Social Media and website advertising benefit; est. circulation 40,000; 30,000 social media subscribers/followers Facility Rental Caterer (indoor and fenced portion of patio) Booking arrangement and fees to be negotiated; Negotiable preferred vending (outdoor)1 for other events on-site RESERVOIR CAFE LEASE THIS CONTRACT is made this_ day of ____ 201_ by and between the City of Boulder, Colorado, a Colorado home rule city (the "City") and A Spice of Life Catering, a Colorado limited liability company (the "Contractor") (collectively, the "Parties"). RECITALS A.The City owns and operates the Boulder Reservoir (the "Reservoir") located at 5565 Reservoir Road in Boulder, Colorado. B.A cafe and patio will be constructed in 2019 at the Reservoir (the "Cafe") the premises as depicted in Exhibit ___ , with an anticipated construction completion date of August 2019 and an anticipated first full season of operation in 2020. C.The City desires to provide food and beverage services at the Cafe, available to visitors using the Reservoir, and such other ancillary use, operation and maintenance of the Cafe as described in this Contract Contractor is willing and able to prQvide such services. D.Prior to commencement of services, Contractor shall purchase non-permanent fixtures and equipment necessary for the performance of services and as set forth in this Contract. The Cafe will also include a Tent Amenity located on the patio. During the construction period, Contractor will fund the cost of the patio area extension; including rental or purchase of the approximate 40' x 100' tent, any required anchors, utility access serving that portion of the patio and any fencing or barrier necessary to define the premises. In addition, Contractor shall be responsible for all aspects of the Tent Amenity including but not limited to mai_ntenance and storage. As set forth in this Contract, City shall also be provided use of the Tent Amenity for a variety of uses, including but not limited to community gatherings, youth camps, special events, and other programming uses. E.Contractor shall pay rent and community area maintenance ("CAM") fees and retain all revenues for food and beverage sales at the Cafe and catering through ancillary uses as set forth in this Contract. COVENANTS AND CONDITIONS NOW, THEREFORE, in consideration of the promi ses and obligations set forth below, the City and Contractor agree as follows: 1.OBLIGATIONS DURING CONSTRUCTION & PRIOR TO CAFE OPERATIONS A.The Parties desire a Cafe site, equipment, appliances, and furniture selections that will meet their mutual business interests. The Parties agree to work together to identify reasonable and cost-effective solutions for final finishes and construction. This 1 Attachment C AGENDA ITEM VII-B_ PAGE 1__ C I T Y O F B O U L D E R PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM MEETING DATE: October 22, 2018 AGENDA TITLE: 2019 Operating Budget and Recreation Fee Update PRESENTERS: Yvette Bowden, Director, Parks and Recreation Department Alison Rhodes, Deputy Director Bryan Beary, Recreation Manager for District Services Megann Lohman, Recreation Manager for Programs and Partnerships Keith Williams, Recreation Manager for Regional Facilities EXECUTIVE SUMMARY: The intent of this item is to share the Parks and Recreation Department’s (the department) 2019 approved operating budget and discuss proposed fee increases for the upcoming year. The Parks and Recreation Advisory Board’s (PRAB) role with fee setting is advisory, and staff will consider the board’s input carefully in advancing fee adjustments. BACKGROUND: In 2014, in partnership with the PRAB, staff developed the department’s fee setting strategies to align with direction provided in the Parks and Recreation Master Plan (master plan). The outcomes of the PRAB and staff collaborative efforts are summarized in the March 2014 PRAB discussion item found here. In summary, to ensure that resources are focused on community priorities as outlined in the master plan, through fee- setting staff implement the financial sustainability policies of the master plan. Fees are based on the actual cost of services provided and through determining the appropriate amount of subsidy required to support community benefit provided for each service. On Tuesday, October 16, 2018, City Council accepted the City Manager’s 2019 Recommended Budget. This budget is conservative, reflecting flattening sales tax collections while addressing community priorities to support department assessments, comprehensive planning and strategic capital investment to ensure a strong financial foundation. From the City Manager’s Message, “Boulder has continued its responsive approach to the economy to enhance community resilience and is well prepared for the headwinds of flattening retail sales tax revenues and an economically constrained environment.” The department’s 2019 operating budget mirrors these priorities. Strategic reductions and cost control measures allow the department to maintain current assets and support access for underrepresented populations, while supporting two key capital projects. Both the AGENDA ITEM VII-B_ PAGE 2__ Scott Carpenter Pool and Boulder Reservoir Visitor Services Center replacements address major deficiencies in the department’s asset portfolio and upon completion, will positively impact the department’s ability to meet current and future community needs. At the May and June 2018 business meetings, staff provided updates on the development of the 2019 budget and the PRAB provided input on 2019 requests and operating strategies at the September 2018 business meeting. The purpose of this update is to share final fee recommendations with the PRAB (Attachments A and B). ANALYSIS: Fee adjustments are proposed for Boulder Reservoir boat permits as well as for golf course rounds at the Flatirons Golf Course. Important considerations to note with the 2019 proposed fee adjustments include: • These fee increases support departmental efforts to align fees with subsidy targets per master plan direction and provide discounts to youth, seniors and those with low- income; • The department will continue to build its financial aid program to promote accessibility for community members with low-incomes. These efforts continue to be bolstered by grants from the 2017 Sugary Sweetened Beverage Distribution Tax; and Recreation Facility and Pool Access Fees 2019 Recreation and Aquatic Facility access fees are unchanged following increases that were implemented on January 1, 2018. In advance of the 2019 summer season, staff evaluated the Splash Pass and Annual Pass fees and usage to determine if adjustments were warranted given the construction at Scott Carpenter Pool. The Splash Pass provides unlimited access to the department’s three summer season amenities, the Spruce Pool, Scott Carpenter Pool and the Boulder Reservoir while annual passes also include year- round access to the three recreation centers. The existing Splash Pass and Annual Pass fees provide for a 30% discount off daily entry fees using the calculation of twice-weekly visits throughout the season or year accordingly and include age-based discounts for youth and seniors. Those who visit more frequently benefit from an even greater discount. As such, staff do not recommend adjustments to these fees for 2019. Boulder Reservoir Boat Permit Fees In a continued effort to align fees at the Boulder Reservoir with the master plan goals as well as the Reservoir Business Plan (business plan), staff proposes an increase in boat permit and storage fees (Attachment A). These services are categorized as “exclusive” in the Recreation Priority Index, meaning the benefit provided by these services is highly individual and fees should recover 70% to 100% or more of the cost incurred to provide the service. These fees consider the market rate of other area open bodies of water and factor in the varied levels of subsidy provided to these operations. These fees also provide a discount to residents, honoring the support local sales and property taxes provide to the Boulder Reservoir’s operation. Finally, due to minimal utilization, staff proposes to eliminate the small craft permit that includes gate access. AGENDA ITEM VII-B_ PAGE 3__ Flatirons Golf Course Green Fees Golf course green fees for adults are similarly categorized as “exclusive” with the benefit primarily received by the individual player. The department last adjusted green fees in 2013, and the proposed 2019 fee adjustments align revenues with increasing costs to provide the services while also considering market rates and the desire to provide consistent age-based discounts for youth and seniors (Attachment B). Like small craft permit fees, staff proposes eliminating the student discount due to minimal utilization. While the green fees require further strategy to ensure consistent discounts for the age- based fees as well as the seasonal adjustments, youth eighteen and under still benefit from the junior fee discount that generally reflects a 30% discount or greater off adult fees. Senior discounts are generally 25% off adult fees. NEXT STEPS: Proposed fee increases are included in the 2019 Operating Budget. Staff will consider the PRAB’s input and coordinate proposed fee adjustments, including outreach to current users and continued exploration of strategies to increase the value of the department’s services while aligning fee strategies with master plan direction. Attachments: Attachment A - Boulder Reservoir Fees Attachment B - Flatirons Golf Course Fees 2019 Boulder Reservoir Fee Proposals 2017 Fee 2018 Fee 2019 Proposed Fee % Increase Resident $335.00 370.00$ 405.00$ 9% Non-Resident $395.00 435.00$ 505.00$ 16% Resident $580.00 640.00$ 705.00$ 10% Non-Resident $705.00 775.00$ 880.00$ 14% Resident $290.00 320.00$ 350.00$ 9% Non-Resident $345.00 380.00$ 440.00$ 16% Resident $195.00 184.00$ delete N/A Non-Resident $234.00 219.00$ delete N/A Small Craft (permit only)Resident/Non-resident $40.00 45.00$ 50.00$ 11% Dry Mooring (Gravel)Resident/Non-resident $395.00 435.00$ 475.00$ 9% Dry Mooring (Paved)Resident/Non-resident $445.00 490.00$ 540.00$ 10% Wet Mooring Resident/Non-resident $525.00 578.00$ 635.00$ 10% Shore Mooring Resident/Non-resident $235.00 259.00$ 285.00$ 10% Small-Craft Storage Resident/Non-resident $175.00 193.00$ 215.00$ 11%Boat StorageBoat PermitBoat w/engine over 49 HP (w/admission) Weekday Boat w/engine over 49 HP (w/admission) season Boat w/engine under 49 HP and Sailboat (w/admission) Small Craft (with admission) Attachment A 2019 Flatirons Golf Course Fee Proposals 2012 Fee 2013 Fee 2019 Proposed Fees % Increase 9 Holes 22.00$ 22.00$ 25.00$ 13.64% 18 Holes 34.00$ 34.00$ 38.00$ 11.76% 9 Holes 16.00$ 16.00$ 18.00$ 12.50% 18 Holes 25.00$ 25.00$ 27.00$ 8.00% 9 Holes 12.00$ 12.00$ 12.00$ 0.00% 18 Holes 20.00$ 20.00$ 22.00$ 10.00% 9 Holes 17.00$ 17.00$ N/A N/A 18 Holes 26.00$ 26.00$ N/A N/A 9 Holes 24.00$ 24.00$ 26.00$ 8.33% 18 Holes 39.00$ 39.00$ 42.00$ 7.69% 9 Holes 18.00$ 18.00$ 20.00$ 11.11% 18 Holes 29.00$ 29.00$ 31.00$ 6.90% 9 Holes 14.00$ 14.00$ 14.00$ 0.00% 18 Holes 22.00$ 22.00$ 24.00$ 9.09% 9 Holes 19.00$ 19.00$ N/A N/A 18 Holes 31.00$ 31.00$ N/A N/A 9 Holes 22.00$ 23.00$ 4.55% 18 Holes 34.00$ 35.00$ 2.94% 9 Holes 16.00$ 18.00$ 12.50% 18 Holes 25.00$ 27.00$ 8.00% 9 Holes 12.00$ 12.00$ 0.00% 18 Holes 20.00$ 20.00$ 0.00% 9 Holes 24.00$ 26.00$ 8.33% 18 Holes 35.00$ 38.00$ 8.57% 9 Holes 18.00$ 20.00$ 11.11% 18 Holes 28.00$ 29.00$ 3.57% 9 Holes 14.00$ 14.00$ 0.00% 18 Holes 22.00$ 22.00$ 0.00% 9 Holes 22.00$ 24.00$ 9.09% 18 Holes 34.00$ 35.00$ 2.94% 9 Holes 16.00$ 18.00$ 12.50% 18 Holes 25.00$ 27.00$ 8.00% 9 Holes 12.00$ 12.00$ 0.00% 18 Holes 20.00$ 20.00$ 0.00% 9 Holes 24.00$ 25.00$ 4.17% 18 Holes 33.00$ 34.00$ 3.03% 9 Holes 18.00$ 19.00$ 5.56% 18 Holes 29.00$ 29.00$ 0.00% 9 Holes 14.00$ 14.00$ 0.00% 18 Holes 22.00$ 22.00$ 0.00%Golf Course Fees Shoulder Season (March 11-April 30)Golf Course Per Round Fees Friday - Sunday and Holidays Adult Senior Junior Golf Course Per Round Fees Friday - Sunday and Holidays Adult Senior Junior Golf Course Per Round Fees Monday - Thursday Adult Senior Junior Golf Course Fees Off Season (November 1-March 10)Golf Course Per Round Fees Monday - ThursdayGolf Course Fees Regular Season(May 1-Octboer 31)Golf Course Per Round Fees Monday - Thursday Adult Senior Youth Student Golf Course Per Round Fees Friday - Sunday and Holidays Adult Senior Youth Student Adult Senior Junior Attachment B 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 TO: Parks and Recreation Advisory Board FROM: Yvette Bowden, Director, Parks and Recreation Department Alison Rhodes, Deputy Director Jeff Haley, Planning, Design and Community Engagement Manager SUBJECT: Matters from the Department DATE: October 22, 2018 A. Harbeck-Bergheim House Update This project is continuing with the background research and engagement phase in anticipation for developing scenarios that will be presented to the PRAB, Landmarks Board and ultimately City Council early next year. On October 25th, an information packet will be presented to City Council to provide an update concerning the community engagement related to the community values that should be considered in exploring a preferred option and factors determining future uses of the landmarked City of Boulder property. The update will provide a research summary and information about the property’s history and financial operating and capital needs/implications as well as project community engagement feedback to date. Further, the memo outlines remaining project research to be completed and additional community engagement planned in anticipation of City Council’s next review (2019). This packet will also be delivered to the PRAB and the Landmarks Board. Currently, staff is presenting a brief update to the PRAB. In April, staff kicked-off the community engagement phase of the project to consider the options now available with the house and determine a successful long-term option that is supported by the community. Typical to any asset within the department’s portfolio, staff must carefully consider the right approach to the long-term ownership and management of the property based upon comprehensive community engagement and recommendations from the PRAB and City Council. More detailed background information and status can be reviewed by accessing the following links: Link to previous IP Link to web page REPORTS AND ASSESSMENTS Staff has compiled a variety of studies and assessments to inform the project, give context to the community and inform decision-making. The following section provides a brief overview of the research completed to date and more detailed information will be provided in the upcoming Information Packet to City Council. 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 Inspection Report The inspection is a current assessment of exiting conditions of the structure. This report was used to determine that there were no immediate safety concerns and allowed the department to decide short-term capital needs versus those efforts that might be addressed once future use is determined. It also provides information on projected capital needs for repair and maintenance, not considering historic restoration efforts that were not considered in the inspection. A home inspection report, dated August 21, 2018, revealed no immediate safety hazards. Many property features were identified for repair to prevent further deterioration or showing signs of wear normal for the building’s age. The inspection report is a written evaluation of current conditions at the time of the inspection. It does provide a level of deficiency but does not prioritize or provide cost estimates for repairs. In accordance with the report’s findings, no major repairs or renovations are scheduled while the city’s decision-making process is underway. Appraisal / O&M Costs The appraisal provides current market value for lease or sale of the home. In addition, it provides the current replacement value which is necessary to accurately approximate the annual O&M. A home appraisal report was submitted on September 27, 2018. The “as is” market rate value is estimated at $3,066,000 with an estimated real estate tax estimated at $57,865.53 per year. Current ownership is tax exempt. For standard facilities, the city applies a standard of 4.5% of the replacement value to approximate the cost of annual O&M on any property. Staff anticipates some lower costs based on minimal use however also anticipates higher repair and renovation costs associated with historic buildings. Overall, in considering the Harbeck House, staff is confident applying the standard O&M valuation to this property. Assuming the appraisal report’s total replacement value (estimated at $1,045,000), O&M would be approximately $47,025/yr. Exact O&M cannot be accurately accounted for due to the variety contract packages and service bundles developed for cost savings. Historic Feature Assessment The interior of the house includes several features noted by some community members are worthy of further study and, perhaps, heighted protection or preservation. Appreciating this input, staff is undertaking a historic feature assessment that will provide a third-party evaluation of the historic assets inside the house (most notably – a stained glass window). This assessment should aid in property valuation and prioritization of any pursued easement or covenant designed to protect such features. This information will be included in the upcoming IP to City Council. CONTINUED COMMUNITY ENGAGEMENT The first of a series of stakeholder meetings was held on June 21, 2018 with a public meeting following on July 12. The stakeholder and public meeting were comprised of many people interested in historic preservation and residents of the University Hill neighborhood. Direction for PRAB specifically requested a reach to a broader audience. In conjunction with the in-person opportunities to discuss the values and options, an online survey was developed to reach the broader community. The survey was developed to contain a definition of the issue and was embedded with information and additional links to insure the audience was educated about the project and could answer survey questions with base knowledge. Key Themes and Discussion Points from Stakeholder Meeting 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 Approximately sixteen community members were invited to a discussion of values to be considered in the decision-making process regarding the future of the property. The stakeholders were selected as representatives of community groups most impacted by the future use and ownership of the house. Stakeholder feedback is summarized under three key themes. Not every discussion point is listed, although they will still be considered as part of the process. In addition, the group discussed areas where additional research needs to be done or where more information could be shared. Staff is working on prioritization and timelines for the information requested. Community Survey The feedback obtained from the survey included participants in the stakeholder and public meeting along with the broader audience. There were approximately 50 people at the public meeting including many of the stakeholders. The survey reach was 95, even with an incentive to garmer interest. The questions were intended to be in alignment with the values and options discussion held at the public meeting. There is less alignment of values and ownership found in the survey than the in-person opportunities. PROCESS AND APPROACH The project process and approach has been extended since the initial project was outlined to City Council in April. This refined process will continue to apply the tenets and strategies recommended during the city’s public participation process enhancements effort. The extended process will allow time to complete the additional research necessary for the decision-making process, exploration of additional options including public-private partnership models and other community beneficial options reflecting expressed community prioritized values. The process will also include additional community touchpoints including opportunities for public input during meetings with the PRAB and a meeting with the Landmarks Board. While no recommendation on the options are being proposed at this time, staff anticipates working closely with the PRAB and the Landmarks Board through this process to refine the options and final preferred option that will be provided to City Council for consideration in 2019. Further consideration of potential hybrid Option(s) (” scenarios”) will reinforce protection of the home as an historic asset, ensuring the department’s ability to conform with Master Plan direction related to all asset prioritization and ensuring some degree of community purpose and access. With these values in mind, the next phase of planning will seek to further refine options potentially exploring scenarios that reflect the values but determine a sale/lease/retain sustainable option: • Identification of ownership options (whether city, philanthropic or other) recognizing continued protection of the home as a historic landmark with explored consideration of a conservation easement for certain interior aspects of the home (e.g., the window); • Some degree of public access to the home appropriate to the determined use; and • Context of use appropriate to the neighborhood, adjacent beach park and other community values. Pending any additional direction from the PRAB or City Council, in October staff will continue the following process and approach: 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 Phase 1: Defining the Issue and Information Sharing (Q1-2 2018 - Complete) It is important to engage the entire community in this initiative and to ensure the community has a thorough understanding of the situation and issues involved with the property. Staff facilitated a variety of opportunities to share information and outline the options, so all community members can be involved in the project. Staff utilized the city-wide open house (What’s Up Boulder) on April 30, 2018 to kick-off the project, raise awareness of the decision-making process and offer future participation opportunities. A host of digital resources were used to define the issue and share information with the community through notifications related to the history of the property and the potential options including articles as needed in the Community Newsletter, press releases from the department, regular web page updates and social media pushes with pictures, videos and stories. Staff submitted several updates to the PRAB in addition to a City Council Information Packet on April 5, 2018. Phase 2: Values and Options (Q2-Q4 2018 – In Progress) Feedback from a broad range of the community is key for this city-wide asset. Staff is making an effort to engage interested community members who have a more varied background of interest in Parks and Recreation. The second round of public engagement focused on defining community values as an important lens for exploring possible future use options. Stakeholder and public meetings were combined with an online survey and other digital opportunities on BeHeardBoulder.org such as story-telling and idea generation. Two self-guided tours were hosted with a third opportunity is November. Social media pushes, web updates and community newsletter articles appear on a regular basis. Monthly updates are sent directly to those who signed up. PRAB and the Landmarks Board will receive updates in October and November to coincide with the IP. Phase 3: Research and Scenarios (Q4 2018 – Q1 2019) Staff will use the research and background information collected in combination with community values and feedback from community boards and City Council to develop potential scenarios to inform the future use and ownership of the house. This will include another round of community engagement with stakeholder and public meetings in conjunction with a broad digital engagement effort to reach beyond those currently invested. Potentially, scenarios and additional research would focus on: o Use preferential to community expressed values and considering community context as well as zoning implications; o Public-private partnership exploration including implications potentially related to use by nonprofits, home foundation models and sale/use with philanthropic purposes; o Maintenance forecasting as balanced by other community capital needs; o Subsequent processes necessary to ensure regulatory compliance/review and/or transparent and competitive processes; and o Considered conditional or conservation easement inclusion for certain aspects of the home’s interior. A joint PRAB and Landmarks Board meeting in early 2019 is anticipated. Phase 4: Identify Preferred Scenario (tbd 2019) Based on the outcomes of the community outreach including discussions with the PRAB and Landmarks Board, staff will evaluate all ideas and feedback to identify a preferred option for 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 consideration by the community and the PRAB. The goal of this phase is to get final feedback prior to seeking consideration and approval from the PRAB and ultimately City Council. Staff anticipates providing the PRAB and City Council with the preferred option in 2019. B. Guidelines for Cyclocross in Urban Parks: As shared with the PRAB in the May consent agenda, the growing sport of cyclocross is resulting in park use tensions in some communities. USA cycling has acknowledged this challenge and provided great tips, including advice and stories, in this guide. Some cities have chosen to ban cyclocross in their parks to protect assets and minimize conflict. Recognizing that cyclocross aligns with the department’s mission to promote health and well-being, it is currently allowed in certain urban parks as part of the department’s Commercial Use or Special Event permitting. This use (both permitted and not) results in some issues, such as damage in parks and concerns/complaints from neighbors and other park visitors. Working with user groups and event promoters, staff has developed a framework that balances several competing interests: • Promotes safety for all park users; • Supports cyclocross on a variety of terrain and topography; • Minimizes damage to park infrastructure and assets (e.g. turf, trees and irrigation); and • Minimizes concerns and complaints from other park users and park neighbors. The PRAB’s input on these draft guidelines will be considered as the guidelines are completed. The final guidelines will be shared in parks and on social media channels. Additionally, cyclocross stakeholders have offered to help promote good behavior through their own established communication networks, such as on team social media and in bicycle shops. Attachment A: Draft Guidelines for Cyclocross in Urban Parks C. Options to Update and Improve the City’s Mosquito Management Program See Attachment B Attachment A Guidelines for Cyclocross in Boulder Urban Parks About Cyclocross in Parks Bicycle riding, including the discipline of cyclocross, is allowed in Boulder Parks within certain guidelines. Cyclocross practice in parks as outlined below can allow enthusiasts to ride in a safe area, with a variety of terrain and surfaces, including turf, sand, dirt, grass, and hills. Plus, riding in parks close to home avoids the need to drive to a location to exercise. Goal: These Guidelines for Cyclocross allow cyclocross practice at select urban parks in Boulder while also protecting public assets and minimizing conflict with other park users and neighbors. Objectives: • Ensure safety for all park users. • Promote health and well-being. • Minimize damage to park infrastructure and assets (e.g. turf, trees, and irrigation) and ensure full cost recovery for damage (including labor). • Minimize conflicts among park users and neighbors. Types of Use: Individual Use: An individual riding solo. Commercial Use: A group of more than 2 riders who pay a fee to participate A permit is required for Commercial Use. Special Event: An organized activity for 50 or more, or meets other requirements of the City of Boulder’s Special Event Policy. Guidelines for Cyclocross in Designated Parks As ambassadors for the sport and their group, participants and instructors are asked to follow these guidelines: • Rotate the parks used and/or specific areas of the parks used in order to disperse repetitive use and minimize damage and conflict. • Adhere to all on site park rules and signage, including closures. • Remain courteous and respectful to other on-site users and seek to minimize conflict. • Avoid other programmed uses and crowded park areas. • Do not ride in parks if too much precipitation has occurred, frost exists on the turf, and/or the areas are becoming muddy. • Remain flexible if areas need to be altered and/or avoided. • Require that all participants and instructors understand the importance of riding within these guidelines and as outlined in the maps for permitted parks. • Be responsive in continuing to address any future issues with the City of Boulder. 2018 Designated Parks: Tantra, Wonderland, Parkside, Scott Carpenter & Harlow Platts. Maps for Permitted Parks: Note irrigation/crucial root zones (CRZs)/playgrounds (in development) 1 MEMORANDUM TO: Parks and Recreation Advisory Board FROM: Parks and Recreation Jeff Haley, Planning, Design & Community Engagement Manager Joy Master, Natural Lands Program Coordinator Planning and Sustainability Valerie Matheson, Senior Urban Wildlife Conservation Coordinator Rella Abernathy, Integrated Pest Management Coordinator Open Space and Mountain Parks John Potter, Resources and Stewardship Division Manager Andy Pelster, Agriculture Stewardship Supervisor Don D’Amico, Ecological Stewardship Supervisor Will Keeley, Wildlife Ecologist Marianne Giolitto, Wetlands and Riparian Ecologist Public Works Joe Taddeucci, Water Resources Manager DATE: October 22, 2018 SUBJECT: Updating and Improving the City’s Mosquito Management Program ________________________________________________________________________ EXECUTIVE SUMMARY The City of Boulder’s mosquito management plan was initiated in 2003 in response to a West Nile virus (WNv) outbreak. Since that time, more is known about mosquito breeding patterns on city properties, the ecosystem impacts of mosquito control treatments and the risk of WNv to people. The city’s initial management plan developed protocols to minimize the impacts of treatments to the environment, but an analysis of data collected since 2003 and new research shows that refinements can be made that could more effectively manage mosquitoes, while enhancing and protecting ecosystem health. Proposed changes to the mosquito management program will address the amount of mosquito activity by lowering negative impacts of mosquitoes and lowering the risk of mosquito-borne disease by improving wetland ecological processes and associated ecosystem services and raising public awareness. The city’s current mosquito management plan treats all Culex larvae (type of mosquito that can potentially transmit West Nile virus) at every site with larvicide, regardless of whether the site is artificial with no ecological value or is part of ecologically-significant wetland ecosystem. In addition, selected sites in high mosquito activity areas are treated with larvicide for non-disease transmitting mosquitoes without considering the context of the particular site or the long-term impacts from mosquito control treatments. Since the original plan was adopted, multiple studies show concerning effects from mosquito larvicide treatment at every level of the food web with potentially adverse ecosystem-wide impacts. Ecosystem management and pest management are not mutually exclusive, and can in Attachment B 2 fact, achieve the same goals by using the inherent strengths of the ecosystem that naturally limit pest populations. The strategies for a systems or holistic approach to mosquito management can be achieved by utilizing existing tools for ecosystem management and applying the knowledge from studies of mosquito biology and mosquito interactions with competitors, predators and wetland ecological dynamics. GUIDING QUESTION How might we reduce the negative impact of mosquitoes to people in and around the City of Boulder with the least amount of environmental impact and the most ecologically-sound human involvement so that the public feels assured and has confidence that the City of Boulder is addressing the issues and using resources efficiently? CORE COMPONENTS OF THIS PLAN 1. Managing mosquito breeding: Reducing mosquito breeding, where appropriate, while applying treatment solutions that are specific and tailored to each site to maximize effectiveness; 2. Maintaining or enhancing ecosystem function: A sound and healthy ecosystem is crucial for environmental sustainability and resilience—functioning ecosystems support a diverse community of predators that can limit mosquito populations; and 3. Educating, training, and building awareness: Strengthening public awareness and understanding about mosquito treatments, breeding, and ecological value to further support the city’s ability to implement and manage an effective program. PROPOSED BENEFITS AND CHANGES TO EXISTING PROGRAM 1. Building better field protocols to gather site-specific data from each field monitoring visit to better understand the factors that influence mosquito breeding. 2. Utilize a holistic approach to mosquito larval treatment program. Support ecological systems overall, using a range of appropriate treatments to help maintain healthy wetlands and work towards restoring degraded wetlands. 3. Use an adaptive management approach with flexibility to adjust as needed. 4. Redirect savings from program improvements to other areas such as yard inspection programs and training city operations crews to recognize and mitigate urban mosquito breeding, which is effective for protecting public health and is better for the environment. 5. Re-examine and update the original plan’s mosquito breeding site categories to better reflect each site’s characteristics and choose the most effective management option(s). 6. Increase public education and awareness of the city’s mosquito management protocols and provide guidance for maintenance of private spaces. 7. Protect city, county and state sensitive species (e.g., northern leopard frog, northern redbelly dace, grassland-nesting birds), and federally-managed species (e.g., bald eagle). QUESTION FOR PARKS AND RECREATION ADVISORY BOARD: Does PRAB support the staff recommendation and approach for changes to the city’s mosquito management program? 3 BACKGROUND With changing climate, habitat destruction/fragmentation, and contamination from pollutants, including widespread pesticide use, alterations in species composition and range is transforming the world’s ecosystems with consequences that are yet to be fully understood. A February 1, 2018 Information Packet memo discusses the planet’s biodiversity crisis and the city’s Ecological Integrated Pest Management (IPM) Policy that uses a holistic approach that relies less on direct control methods of individual undesirable species and focuses predominantly on enhancing biodiversity and ecosystem balance to utilize the natural processes that keep populations of undesired species low. An emerging pattern from ecosystem degradation is an increase in pest and disease-causing species, including mosquitoes and ticks. In some areas of the country, mosquito populations have increased by as much as 10-fold in the last few decades. According to a recent study, the main drivers for this increase are anthropogenic – land use patterns, such as urbanization, and pesticides in the environment. When the city first developed a mosquito management program in 2002, the environmental and human health risks of using a suite of pesticides to target mosquitoes at every life stage were found to be too high and were not in alignment with the city’s IPM Policy and natural lands protection guidelines. As West Nile virus (WNv) was moving westward across the country at that time, it necessitated a thoughtful and effective plan to protect the public health. The city developed a plan to address the threat of WNv to the public, while reducing the impacts to the environment. Urban areas create artificial environments that breed Culex mosquitoes, the species that can vector or transmit WNv, and outreach and education programs were initiated to encourage the public to drain standing water in residential yards and inform residents about the importance of personal responsibility to avoid mosquito bites. Potential mosquito breeding sites on open space and natural lands are under city management. City staff were concerned about applying mosquito control products that could disrupt wetland ecological balances. Therefore, the city’s program focused on limiting the amount of larvicide (Bti) applied to wetlands by treating only Culex larvae and leaving non-vector or nuisance mosquito larvae untreated to reduce Bti application and maintain an important food source for other animals. In 2007, a nuisance program was added to the WNv management program in high mosquito activity areas around city recreational facilities and neighborhoods. For more information about the city’s program, identified gaps, and the approach for the current program update, please see the April 12, 2018 Information Packet memo. What Has Changed since the Original Mosquito Management Plan was Developed? Field Data – During the 15 years since the city’s program was adopted, the city has collected weekly adult mosquito trap data that provides information about location, abundance and the species of mosquitoes that are present throughout the city. The density and mosquito larval type (Culex and non-Culex) are collected weekly from each breeding site. Staff and 4 consultants continue to analyze this dataset to determine the patterns of adult mosquito activity, larval site breeding patterns and modeling the effect of different Bti application protocols on projected adult mosquito activity. Ecosystem Impacts - During the development of the city’s WNv mosquito management plan, the scientific literature was reviewed to determine the impacts of different mosquito control products and all were found to have broad and unacceptable impacts, except for the bacterial larvicide product, Bti. A handful of studies showed non-target impacts and ecosystem alterations, since Bti kills all aquatic fly larvae, including hundreds of harmless species. Basic ecological principles would suggest that removal of a large component of the base of wetland food webs would impact multiple other species. A recent literature review shows wide- ranging adverse impacts, both direct and indirect, to non-target species and demonstrated ecosystem-wide impacts from Bti use (see Attachment A). In light of this new information, staff and ecological consultants have been reassessing larval treatment protocols. West Nile Virus Risk to People – Our understanding of the epidemiology and risk for WNv has changed since 2003, which should be used to inform the city’s management approach. When WNv arrived in the Front Range in 2003, human cases reached epidemic levels and Boulder County had the highest number of cases in the nation. Cases declined sharply in 2004, and although WNv is now endemic with cases occurring every year, it has not reached epidemic levels since 2003. A recent study modeled the driving forces of WNv human cases in 10 states, including Colorado, under current and future climate scenarios and identified the drivers, which vary depending on geographic region. WNv cases in Colorado are primarily driven by two factors—drought and human immunity. The majority—80 percent—of people who contract WNv have no symptoms and are unaware they were infected, but then develop immunity. The authors of this study suggest that population-wide protections from immunity are much higher 5 than expected and their models predict that it is unlikely that Colorado will experience another WNv epidemic. However, it’s important to keep in mind that susceptible individuals can become ill if bitten by an infected mosquito. Appropriateness of Adult Mosquito Control Contingency Plan – The WNv Mosquito Management Plan contains provisions for adult mosquito management that includes spraying/fogging with insecticides in the event of a WNv outbreak. Studies show this approach is ineffective with potentially adverse effects for human and environmental health. A WNv outbreak is also unlikely, and if it or another mosquito-borne disease were to reach concerning levels, staff has outlined a series of escalating risks and associated actions to reduce human exposure (Attachment B). Staff Recommendation for Changes to the Program A team of interdepartmental staff ecologists and ecological consultants have been reviewing data, scientific literature and assessing ecologically-sound practices to reduce mosquito activity. The city’s current program has two major components – 1) larval site monitoring and larvicide treatment and 2) adult mosquito monitoring and WNv testing. In addition to refining larval treatment protocols, there are other opportunities to improve mosquito management. Staff is proposing an adaptive management plan that addresses each site individually, gathers data to assess adult and larval populations, relevant ecological parameters, and reviews the data each year to continuously improve the program. 6 The following table provides an overview of proposed changes to the program. Program Component Rationale Keep Unchanged Adult mosquito trapping, monitoring and WNv testing Provides valuable information about overall mosquito activity and WNv risk Modify Larval breeding site treatment − Categorize sites by ecological quality − Pinpoint breeding habitat within each site − Choose from multiple treatment options to tailor most appropriate/effective management for each site − Refine existing field treatment protocols for Bti application − Develop new protocols for ecological field technicians to monitor mosquito breeding, natural enemy presence, and other relevant site attributes Site-specific treatments provide better mosquito management, protect biodiversity and can provide more comprehensive management of mosquito populations based on current research and scientific/ecological principles Modify Adult mosquito control contingency plan The original WNv management plan allowed for insecticide application for adult mosquitoes if certain thresholds were met. The thresholds have never been met. The potential harm of adulticide treatments outweighs the benefit. A chart of escalating WNv risk and associated city actions has been created that addresses risk and protect public health (Attachment B). Modify Improve public education and outreach − Provide more information about city operations to increase transparency and better understanding about the city’s program. − Provide more outreach about the role of personal responsibility and actions to reduce mosquito breeding sites and prevent bites. − Improve complaint tracking to 7 Program Component Rationale help ID potential mosquito problem spots and refine management to more effectively address. Add Integrated irrigation management and infrastructure maintenance strategy by interdepartmental team Minimize mosquito breeding sites caused by irrigation by evaluating drainage from fields and trails, modify irrigation water release schedules where appropriate, coordinate between departments responsible for ditch maintenance or relationships with ditch companies to better respond to mosquito breeding issues – both prevention and responding to problems as they arise Add Train urban staff from Parks Operations and Public Works to recognize breeding problem spots in parks, storm water drains and other public areas Crews will receive training to report or manage areas with stagnant water and respond in the field to drain or treat with Bti. Add Develop materials for code enforcement to provide to private property owners with standing water issues. There is no ordinance to address standing water on private property. Code enforcement could provide educational materials in response to neighbor complaints about standing water issues. Most significant change – larval breeding site assessment and treatment options Mosquito breeding sites cover a wide range of types from muddy depressions in soil, stagnant water in containers or storm drains to high quality wetlands. If breeding sites can be eliminated by inspecting and draining artificial sites, cleaning clogged trash gates in ditches or managing flood irrigation, this is the quickest and most effective approach. However, sites with high ecological function can possess built-in pest controlling organisms, such as fish, predatory insects, birds and spiders that can keep mosquito populations naturally low. Bti should be used where appropriate, but alternative treatments should first be considered. Staff is currently assessing the ecological significance of breeding sites and mosquito larval breeding history to develop a site-specific management plan. Breeding sites fall roughly into the following categories: 8 General Characterization of Mosquito Larval Breeding Types The most challenging category is 4 – high quality/high breeding sites. Some of these sites may need to be treated with Bti in the short-term. However, high quality/high breeding sites are the most susceptible to damage from repeated Bti applications and staff will be exploring alternative treatments to decrease mosquito breeding habitat and enhance predator populations. The following table provides a range of treatment options. Some may be implemented over time as program changes are evaluated as these treatments are implemented. Mosquito Treatment Pros Cons Bacterial larvicide - Bti (Bacillus thuringiensis israelensis) − Effective at killing mosquito larvae − Less impactful than synthetic chemical pesticides, surface oils and methoprene (insect growth regulator) − Proven industry standard − Body of literature shows direct impacts to non-target organisms, including amphibians − Indirect impacts to non-targets − Ecosystem-wide impacts − Persistent in sediment − Spores can be transferred to untreated sites − Can reproduce 9 Mosquito Treatment Pros Cons − Formulations can contain contaminants − Evidence that resistance can develop in some mosquito species Predator complexes that occur naturally All mosquito life stages are prey items for many groups of animals in both aquatic and terrestrial systems. − Can be highly effective − Cost-effective − Part of thriving ecosystem that provides many other benefits, including wetland ecosystem services − Complies with IPM policy and integrated ecosystems strategy − Manages for increases in distribution and abundance of sensitive species − Variable and complex depending on type of site − Highly site specific − Colonization rates vary for mosquitoes and predator groups − Requires resources for monitoring and data analysis Encouraging predators by creating habitat or enhancing existing wetland health − Attracting wide variety of invertebrate and vertebrate species provides free, efficient pest control − Provides other important ecological benefits and services − Improves biodiversity − Studies provide guidance for improving habitat (e.g. plantings to attract spiders, birds) − Terrestrial predators reduce adult mosquitoes migrating from outside city properties − Must align with site-specific objectives − Not appropriate for all sites − Takes time to implement - would have to be transitioned over time Introducing predators as biocontrol agents − Option for low or mid-quality wetlands − Can rear some biocontrols (e.g. copepods) − May be able to purchase − Potential to transfer from other sites − Important to source/use native predators − No experience using this method − May need to gather data about a candidate site before initiating − Requires tracking and monitoring − May require special permits 10 Mosquito Treatment Pros Cons Vegetation management and prescribed burning − Vegetation management can decrease harborage for adult mosquitoes, breeding habitat for larval mosquitoes and attract predators. − Improves invasive species management and improves overall biodiversity and habitat quality − Advances other city site objectives. − Takes time to learn vegetation management specifically for mosquito management − May not be appropriate for other site management objectives Create new healthy wetlands − Can control large numbers of both larval and adult mosquitoes − Provides other important ecological benefits and services − Sequesters carbon − Provide resilience to reduce impacts from extreme weather events − Expensive − May need to secure water rights - can be costly, lengthy process − Must align with other objectives to justify cost Filling in artificial depressions (e.g. wheel ruts, cattle hoof prints) − Eliminates poor quality sites that readily breed mosquitoes − Reduces Bti application − Labor-intensive/costly − Logistically difficult to implement − At some sites, could adversely impact surrounding area if near sensitive habitat − Depending on cause, may be more cost-effective to prevent (e.g. herd management) − May require permits to fill if in jurisdictional wetlands Herd Management − Minimize the overlap of grazing and flood irrigation to prevent hoof disturbance of wet soils. − Cost-effective and preventive − Reduces Bti application − Requires coordination with staff, lessees (water release management, cattle grazing, etc.) − In some situations, may not be feasible − Heavy rain can create same issue as irrigation Optimize irrigation practices − City staff has worked with OSMP agricultural lessees to alter water release and scheduling to decrease standing water. − Land and irrigation management − In some cases, runoff can create good wetlands, which needs to be balanced with standing water that becomes a breeding site − Can be logistically difficult to 11 Mosquito Treatment Pros Cons practices can be viewed through the lens of mosquito breeding to decrease potential breeding sites − Flood irrigation could be tool to decrease floodwater mosquitoes by allowing hatching and then draining to kill larvae before they can emerge as adults. coordinate all players − Water rights are administered by the State of Colorado and there are limitations on what can be achieved regarding modifying irrigation schedules and quantities that may impact mosquito breeding. Drain artificial breeding sites − Train staff to check equipment that can fill with water and store to prevent and dump or drain when holding water − Train staff to avoid overwatering and notice when ground, particularly turf, is saturated − Check gutters and maintain to keep clear and flowing − Train staff to check storm drains and other areas that could become clogged and hold water Requires resources and training. NEXT STEPS − Staff and consultants will complete:  Breeding site categorization  Breeding history analysis for individual sites  Completion of field protocols for Bti application and ecological monitoring − Meet with advisory boards to provide feedback to council from the Environmental Advisory Board (Oct. 3), Open Space Board of Trustees (Oct. 10) and Parks and Recreation Advisory Board (Oct. 22). − Council presentation and direction (Nov. 8) − Public engagement – Dec. 2018 – Feb. 2019 − Complete Request for Proposal for program components – Feb. 2019 − Hire contractor(s) – March 2019 − Implementation of revised program – April 2019 − Provide council with update after first year of implementation – November 2019 Attachments: Attachment A: Review of Scientific Literature for Impacts of Bacillus thuringiensis sub- species israelensis (Bti) for Mosquito Larval Control Attachment B: Actions for Escalating West Nile Virus Risk 1 Attachment A Review of Scientific Literature for Impacts of Bacillus thuringiensis sub- species israelensis (Bti) for Mosquito Larval Control Summary The larvicide, Bacillus thuringiensis israelensis (Bti), is the most targeted and least toxic product option for mosquito management. In most situations, Bti is effective at killing mosquito larvae. However, its use should be limited due to direct toxicity to non-target organisms such as frogs and harmless and beneficial insects, as well as indirect effects, which can impact ecosystem function, from water quality to bird reproductive success. Contaminants have been reported in formulated products, including pathogenic bacteria, toxins and endocrine disrupting activity. Although Bti resistance is not known to be widespread in mosquito larvae under field conditions, Bti has been shown to persist in the environment and it can “recycle” or replicate. Bti spores can be transported to untreated sites by adherence to animal bodies or through feces and cause potential non-target impacts at these untreated sites. Bti has its place in mosquito management. Due to the potential for ecosystem-wide impacts, however, other alternatives such as natural population controls, should be considered before Bti application—particularly in high-functioning wetlands and natural areas where Bti can disrupt ecosystem communities. Background Bacillus thuringiensis (Bt) is a gram-positive bacterium that forms toxin-containing protein crystal inclusions. When ingested by susceptible invertebrates, the crystals attack the gut. More than 67 Bt sub-species have been identified that are targeted to specific insect groups. The sub- species Bacillus thuringiensis israelensis (Bti) was discovered in 1976 and is toxic to aquatic fly larvae, including mosquitoes, black flies, craneflies, non-biting midges (chironomids), fungus gnats, filter flies and others in the sub-order Nematocera. When the Bti crystal inclusions are ingested by the larva, it binds to the gut, releases toxins, and forms pores that disrupt the tissues and osmotic balance, killing the insect. See Lacey, 2007 details. The Bti life cycle has a “sporulation cycle,” that includes vegetative cell division and spore development. The vegetative phase is the living, replicating component of the lifecycle. Each vegetative cell divides into two daughter cells. When starved of nutrients, a daughter cell within the mother cell is walled off into an “endospore.” When the mother cell dies, the spore is released. These spores are dormant and resistant to drying, heat and other environmentally adverse conditions. The protein crystals afford protection for the spores and also provide nutrients for germination when the spores are activated and convert to vegetative cells (Ibrahim et al., 2010). 2 Endospore formation and cycle (Attribution) Production Bti is produced by fermentation in large vats using a variety of materials/media that provide nutrients for the bacteria, which can influence its toxic properties and final formulation. For instance, some of the nutritional media can remain when the spores are recovered (Lacey, 2007). A few days before harvesting, nutrients are no longer provided, at which point the bacteria die, leaving dead cells, crystal proteins, and spores in the fermentation broth. The broth is processed into formulations of the final Bti product (Valent Biosciences). Additives are typically not disclosed by pesticide manufacturers and are considered proprietary information, but can include synergists, surfactants, sticking agents and UV protectants. The potency is tested from each batch, which is measured in international toxic units or [ITU]/mg. However, there is no screening for metabolite or microbiological contaminants, and pathogenic bacteria have been found in Bti preparations (World Health Organization, 2009). Screening for endocrine disrupting properties is also not conducted on Bti formulations. However, significant estrogenic properties were found in three of five Bti formulations in laboratory assays, although it was not detected in field testing. These tests were conducted to try to determine the source of estrogenic activity in ground water near areas where Bti was applied. (Maletz et al., 2015). 3 Other toxic products, in addition to the protein crystals, can be produced by Bti: During vegetative growth, various Bt strains produce an assortment of antibiotics, enzymes, metabolites and toxins, including Bc toxins, that may have detrimental effects on both target organisms and non-target organisms. Beta-exotoxin, a heat-stable nucleotide, is produced by some Bt subspecies during vegetative growth and may contaminate the products. Beta-exotoxin is toxic for almost all forms of life, including humans and the target insect orders (World Health Organization, 2009). Efficacy Larvicides are considered the most effective and important component of mosquito control programs, since treatments can be applied to known breeding sites where mosquitoes are concentrated, and larviciding prevents the emergence of adult mosquitoes. Bti is also one of the most targeted and least acutely-toxic product options. Different formulations are designed to make contact with mosquito larvae in different types of habitats and include powders, liquid suspensions, granules, tablets, and briquettes. Multiple variables effect the lethality of Bti, including the insect’s instar (age), density, organic content, temperature, susceptibility of the target species, etc. (Laurence et al. 2010). Larvae that ingest Bti die rapidly—usually within a few hours. Persistence, Proliferation and Resistance Problems can arise from the use of all insecticide products, whether synthetic, natural or microbial—broad-spectrum or targeted. As pest managers become more reliant on regular use of pesticidal products, the pesticide can accumulate in the environment and insects can develop resistance. Resistance: Field resistance to Bt sub-species that target beetles or lepidopterans has been reported and the underlying genetic mechanisms have been studied. The changes in genetic expression that allow insects to develop resistance have also been examined in mosquito larvae (Tetreau et al., 2012). Because Bti has four major toxins and additional minor toxins, the development of resistance is complex and requires the involvement of multiple genes (Bonin et al., 2015, Ben-Dov, 2014). This is thought to be the reason why resistance is developing slowly in natural mosquito populations. There are, however, cases in the literature of confirmed resistance. A high level of resistance to Bti was detected in a population of Culex pipiens in New York (Ayesa et al., 2005). Persistence: Insecticides that break down slowly and persist in the environment chronically expose both target and non-target organisms. Persistent pesticides prolong exposure of the pest, and if the pest remains susceptible, the pesticide will continue to control it. But long-term exposure can drive resistance and contribute to undesirable non-target impacts that can alter ecosystem dynamics. Studies show a range of activity for Bti under field conditions. Although it’s generally thought that Bti is gradually deactivated and does not persist, several studies show that it can and does persist and remain toxic. Bti leaves the water column relatively quickly, after which the spores settle out of the water and bind to the soil substrate or particulates. When the soil or particulate substrates were stirred and filtered three weeks later, the suspension retained 4 toxicity (Ohana et al., 1987) A study with simulated field conditions showed Bti residual activity for 20 weeks (Marcombe et al., 2011). Decaying leaf litter collected from ponds treated with Bti was found to be highly toxic to mosquito larvae months after application (Tetreau et al., 2012). Bti spores can persist for months in the environment. The number of treatments, the type vegetation, and the presence of organic matter are all associated with persistence of the spores. Change in water level or salinity does not appear to affect spore persistence. “Recycling” or proliferation is when the spores germinate and return to vegetative growth, replicate, sporulate and produce toxins. Bti can kill mosquito larvae and then proliferate from their carcasses (Aly et al., 1984). Pupae can also recycle Bti. Older forth instar larvae that ingested Bti and completed pupation, later died as pupae from Bti infection and the carcasses of the pupae were found to recycle Bti (Khawaled et al, 1989). One study showed no evidence that recycling occurs in sediment or other substrates and found that mosquito larvae must be present for recycling to occur (Duchet et al., 2013). However another study found much higher levels of spores in leaf litter than expected from Bti application alone and the researchers suggest that proliferation is occurring, as well as spore persistence (Tetreau et al., 2012). Bti has even been detected from untreated sites at high levels in decaying leaf litter. A high number of viable spores correlated with toxicity of the leaf litter samples to mosquito larvae. The researchers suggest that the bacteria could be germinating and proliferating in the natural environment (Tilquin et al., 2008). Spores can be transported to untreated sites by animals in two ways. The spores can adhere to the bodies of animals or be excreted after ingestion in the feces. The excreted spores maintain toxic properties and mosquito larvae are killed when exposed to them (Brazner and Anderson, 1986, Snarski, 1990). The variability in studies shows that analytical techniques, field conditions, formulations and many other factors determine the persistence of Bti, and unlike most pesticides, since Bti is a microorganism, it does have the ability to replicate. This raises concerns about resistance developing in mosquito larvae, as well as impacts to food webs and habitat quality. Ecological Impacts Bti is a biopesticide and it is commonly thought to be safe and non-toxic to vertebrates and non- target invertebrates. This assumption is based on a number of studies in the past that found no secondary or indirect impacts from Bti treatments. During that same time period, some studies did record concerning impacts from Bti. One study measured significant losses in biomass at sites treated with Bti. In a three-year study, insect densities were reduced by 57 to 83% and biomass was reduced by 50 to 83% (Niemi et al., 1998). The researchers emphasized the potential impacts from the magnitude of these losses: The prevailing knowledge of wetland ecosystems is too limited to fully assess the ramifications of these declines in aquatic insect communities for other food web components or for the overall functions of these wetlands. The application of these insecticides can certainly be viewed as changing the function and structure of these wetlands because of large reductions in insects, a major component of wetland food webs. It is difficult to believe that reductions of insect density and biomass in the range of 5 50 to 80% would not eventually have major effect on these wetlands. Their ultimate effects remain unclear. Direct Ecological Impacts Several recent studies indicate a wide range of impacts from Bti treatments at all trophic levels of wetland ecosystems. Impacts to non-target flies: Bti kills mosquitoes and other aquatic fly larvae from the sub-order Nematocera. Therefore, it would be expected that populations of non-target flies will be impacted from Bti use. The non-biting midges, or Chironomidae, are a diverse group of flies and can make up more than half of the species in wetland systems and dominate flying insects. A recent study that surveyed male chironomids in Colorado’s Fountain Creek Watershed identified 151 different species (Hermann et al., 2016). Although different studies have shown a range of impacts to chironomids from Bti application, some have shown no impacts. One found no difference from Bti treatment for two common chironomid species in natural wetlands (Duchet et al., 2015). Another study cautioned that toxicity to Bti in chironomids varies greatly throughout their development and that many studies likely underestimate risk. Toxicity to larvae of Chironomus riparius was 209 times greater for first instar larvae and 90 times greater for second instar larvae than the lowest field application rate used in mosquito control (Kästel et al.,2016). Another study of temporary flooded wetlands found rich biodiversity of chironomid species with high turn-over between years in these unstable habitats. Bti treatment did not lower species richness. However, treated sites had a significant difference in species turnover and colonization dynamics were affected (Lundström et al., 2009). One study showed a significant decrease in the density of chironomids from Bti treatment (Pauley et al., 2015) and another long-term study in natural wetlands showed a 78% reduction of chironomid and related aquatic flies in treated areas (Jakob and Poulin, 2016). Impacts to non-fly invertebrates: Although no acute toxicity to Bti was observed, the amphipod, Gammarus lacustris, ingested Bti and spores were found in its feces. The amount of time that Bti remained in the gut was much longer than expected. Bti spores were also found in the guts of newborn progeny that were born at least a week past the last Bti exposure of the parent (Brazner and Anderson, 1986). Bti is not just toxic to aquatic flies. A review paper listed an expanded host range of species that are susceptible to Bti that includes terrestrial flies, moths, beetles, nematodes and flatworms (Ben-Dov, 2014). Five species of zooplankton or microcrustaceans that coexist with mosquito larvae in coastal wetlands were exposed to range of Bti concentrations and were examined for acute and chronic effects. Crustaceans were chosen for this study with a range of different feeding behaviors, including predators, herbivors, filter feeders and benthic scrapers. As concentrations of Bti increased and over time, there was a pattern of increasing mortality (Olmo et al, 2016). Another study found Cladocera (waterfleas) were significantly affected by Bti treatment (Pauley et al., 2015). 6 Impacts to amphibians: Bti is said to be nontoxic to vertebrates. However, recent studies show direct toxicity to tadpoles (Hyla versicolor). Short-term exposure of tadpoles to Bti affected their locomotion. Compared to controls, exposed tadpoles spent more time motionless, spent less time swimming and traveled shorter distances (Junges et al., 2017). When predators (dragonfly larvae) are present, Bti treatment significantly decreases tree frog tadpole survival (Pauley et al., 2015). Tadpoles (Leptodactylus latrans) showed dose-dependent sensitivity to Bti and 100% died after 48 hours of exposure to the highest dose, which is at the top range of recommended field rates. Exposure to lower doses of Bti induced intestinal damage (See figure below). Changes to enzymes created oxidative stress, leading to genotoxicity, which could be the cause the intestinal disruption (Lajmanovich et al., 2015). From Lajmanovich et al., 2015. Indirect Effects The organisms that are directly affected from Bti are members of complex wetland communities and impacts to one component can have cascading effects that indirectly impact other organisms. Studies that assess indirect impacts are challenging to conduct. The majority of studies related to Bti effects look at efficacy for killing mosquito larvae. There are several studies looking at direct impacts to non-target organisms, but very few on indirect effects or persistence (Poulin, 2012). Impacts to micro-organisms: Very low concentration Bti treatment (too low to kill mosquitoes) in freshwater microcosms caused no measurable impacts to microorganisms, nutrients or suspended particles. Two weeks after application of high dose Bti, mosquito larval and microorganism density were decreased— the most abundant bacteria species were suppressed. After 44 days post-treatment, cyanobacteria was significantly reduced, showing changes in microbial community composition, reduced nutrients and algae (Duguma et al., 2015). In a large study of natural wetlands, Bti application increased the density of protozoans by 4.5 times and the taxonomic richness increased by 60%. Mosquito larvae feed on protozoans and 7 both mosquitoes and protozoans feed on bacteria (Östman et al., 2008). A study showed that Bti is not directly toxic to phytoplankton. Mosquito larvae feed on phytoplankton, which decrease in a curvilinear fashion as mosquito density increases. Primary producers are indirectly impacted when mosquito larvae and related species are killed and removed from the ecosystem from Bti application (Duguma et al., 2017). Impacts to macroinvertebrate mosquito predators: A large-scale, five-year study of adult Odonata (dragonfly and damselfly) monitored richness and abundance in natural wetlands. A five-fold reduction in abundance and three-fold reduction in richness was found in Bti-treated sites. This was thought to be due to depletion of food availability from an 87% reduction of aquatic flies from treated sites (Jakob and Poulin, 2016). Impacts to vertebrates: House martins were assessed for three years between control and Bti-treated sites for diet, clutch size, and fledging survival. Insect prey at untreated sites was mainly spiders and dragonflies. Prey items were significantly smaller at treated sites and more flying ants were eaten. Reproductive success was lower at treated sites with decreased clutch size and fledging survival (Poulin et al., 2010). Literature Cited Aly, C., Mulla, M. S., & Federici, B. A. (1985). Sporulation and toxin production by Bacillus thuringiensis var. israelensis in cadavers of mosquito larvae (Diptera: Culicidae). Journal of Invertebrate Pathology, 46(3), 251–258. https://doi.org/10.1016/0022-2011(85)90066-7 Ben-Dov, E. (2014). Bacillus thuringiensis subsp. israelensis and Its Dipteran-Specific Toxins. Toxins, 6(4), 1222–1243. https://doi.org/10.3390/toxins6041222 Bonin, A., Paris, M., Frérot, H., Bianco, E., Tetreau, G., & Després, L. (2015). The genetic architecture of a complex trait: Resistance to multiple toxins produced by Bacillus thuringiensis israelensis in the dengue and yellow fever vector, the mosquito Aedes aegypti. Infection, Genetics and Evolution, 35, 204–213. https://doi.org/10.1016/j.meegid.2015.07.034 Brazner, J. C., & Anderson, R. L. (1986). Ingestion and Adsorption of Bacillus thuringiensis subsp. israelensis by Gammarus lacustris in the Laboratory. Applied and Environmental Microbiology, 52(6), 1386–1390. Abstract. Duchet, C., Franquet, E., Lagadic, L., & Lagneau, C. (2015). Effects of Bacillus thuringiensis israelensis and spinosad on adult emergence of the non-biting midges Polypedilum nubifer (Skuse) and Tanytarsus curticornis Kieffer (Diptera: Chironomidae) in coastal wetlands. Ecotoxicology and Environmental Safety, 115, 272–278. https://doi.org/10.1016/j.ecoenv.2015.02.029 8 Duchet, C., Tetreau, G., Marie, A., Rey, D., Besnard, G., Perrin, Y., … Després, L. (2014). Persistence and Recycling of Bioinsecticidal Bacillus thuringiensis subsp. israelensis Spores in Contrasting Environments: Evidence from Field Monitoring and Laboratory Experiments. Microbial Ecology, 67(3), 576–586. https://doi.org/10.1007/s00248-013-0360-7 Duguma, D., Hall, M. W., Rugman-Jones, P., Stouthamer, R., Neufeld, J. D., & Walton, W. E. (2015). Microbial communities and nutrient dynamics in experimental microcosms are altered after the application of a high dose ofBti. 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Indirect effects of mosquito control usingBtion dragonflies and damselflies (Odonata) in the Camargue. Insect Conservation and Diversity, 9(2), 161–169. https://doi.org/10.1111/icad.12155 Junges, C. M., Maglianese, M. I., Lajmanovich, R. C., Peltzer, P. M., & Attademo, A. M. (2017). Acute Toxicity and Etho-toxicity of Three Insecticides Used for Mosquito Control on Amphibian Tadpoles. Water, Air, & Soil Pollution, 228(4). https://doi.org/10.1007/s11270-017-3324-6 Kästel, A., Allgeier, S., & Brühl, C. A. (2017). Decreasing Bacillus thuringiensis israelensis sensitivity of Chironomus riparius larvae with age indicates potential environmental risk for mosquito control. Scientific Reports, 7(1). https://doi.org/10.1038/s41598-017-14019-2 Khawaled, K., Ben-Dov, E., Zaritsky, A., & Barak, Z. ’ev. (1990). The fate of Bacillus thuringiensis var. israelensis in B. thuringiensis var. israelensis-killed pupae of Aedes aegypti. Journal of Invertebrate Pathology, 56(3), 312–316. https://doi.org/10.1016/0022-2011(90)90117- o Lacey, L. A. (2007). Bacillus thuringiensis serovariety israelensis and Bacillus sphaericus for mosquito control. Journal of the American Mosquito Control Association, 23(sp2), 133–163. https://doi.org/10.2987/8756-971x(2007)23[133:btsiab]2.0.co;2 Lajmanovich, R. C., Junges, C. M., Cabagna-Zenklusen, M. C., Attademo, A. M., Peltzer, P. M., Maglianese, Marquz, V.A. Beccaria, A. J. (2015). Toxicity of Bacillus thuringiensis var. 9 israelensis in aqueous suspension on the South American common frog Leptodactylus latrans (Anura: Leptodactylidae) tadpoles. Environmental Research, 136, 205–212. https://doi.org/10.1016/j.envres.2014.10.022 Laurence, D., Christophe, L., & Roger, F. (2011). Using the Bio-Insecticide Bacillus Thuringiensis Israelensis in Mosquito Control. In Pesticides in the Modern World - Pests Control and Pesticides Exposure and Toxicity Assessment. InTech. https://doi.org/10.5772/17005 Lundström, J. O., Brodin, Y., Schäfer, M. L., Vinnersten, T. Z. P., & Östman, Ö. (2009). High species richness of Chironomidae (Diptera) in temporary flooded wetlands associated with high species turn-over rates. Bulletin of Entomological Research, 100(4), 433–444. https://doi.org/10.1017/s0007485309990472 Maletz, S., Wollenweber, M., Kubiak, K., Müller, A., Schmitz, S., Maier, D., … Hollert, H. (2015). Investigation of potential endocrine disrupting effects of mosquito larvicidal Bacillus thuringiensis israelensis (Bti ) formulations. Science of The Total Environment, 536, 729–738. https://doi.org/10.1016/j.scitotenv.2015.07.053 Marcombe, S., Corbel, V., Yébakima, A., Etienne, M., Yp-Tcha, M.-M., Darriet, F., & Agnew, P. (2011). Field Efficacy of New Larvicide Products for Control of Multi-Resistant Aedes aegypti Populations in Martinique (French West Indies). The American Journal of Tropical Medicine and Hygiene, 84(1), 118–126. https://doi.org/10.4269/ajtmh.2011.10-0335 Niemi, G. J., Hershey, A. E., Shannon, L., Hanowski, J. M., Lima, A., Axler, R. P., & Regal, R. R. (1999). Ecological effects of mosquito control on zooplankton, insects, and birds. Environmental Toxicology and Chemistry, 18(3), 549–559. https://doi.org/10.1002/etc.5620180325 Ohana, B., Margalit, J., & Barak, Z. (1987). Fate of Bacillus thuringiensis subsp. israelensis under Simulated Field Conditions. Applied and Environmental Microbiology, 53(4), 828–831. Full text. Olmo, C., Marco, A., Armengol, X., & Ortells, R. (2016). Effects of Bacillus thuringiensis var. israelensis on nonstandard microcrustacean species isolated from field zooplankton communities. Ecotoxicology, 25(10), 1730–1738. https://doi.org/10.1007/s10646-016-1708-9 Östman, Ö., Lundström, J. O., & Persson Vinnersten, T. Z. (2008). Effects of mosquito larvae removal with Bacillus thuringiensis israelensis (Bti) on natural protozoan communities. Hydrobiologia, 607(1), 231–235. https://doi.org/10.1007/s10750-008-9387-z Paul, A., Harrington, L. C., Zhang, L., & Scott, J. G. (2005). Insecticide resistance in Culex pipiens from New York. Journal of the American Mosquito Control Association, 21(3), 305. https://doi.org/10.2987/8756-971x(2005)21[305:iricpf]2.0.co;2 Pauley, L. R., Earl, J. E., & Semlitsch, R. D. (2015). Ecological Effects and Human Use of Commercial Mosquito Insecticides in Aquatic Communities. Journal of Herpetology, 49(1), 28– 10 35. https://doi.org/10.1670/13-036 Poulin, B. (2012). Indirect effects of bioinsecticides on the nontarget fauna: The Camargue experiment calls for future research. Acta Oecologica, 44, 28–32. https://doi.org/10.1016/j.actao.2011.11.005 Poulin, B., Lefebvre, G., & Paz, L. (2010). Red flag for green spray: adverse trophic effects of Bti on breeding birds. Journal of Applied Ecology, 47(4), 884–889. https://doi.org/10.1111/j.1365-2664.2010.01821.x Snarski, V. M. (1990). Interactions between Bacillus thuringiensis subsp. israelensis and Fathead Minnows, Pimephales promelas Rafinesque, under Laboratory Conditions. Applied and Environmental Microbiology, 56(9), 2618–2622. Full text. Tilquin, M., Paris, M., Reynaud, S., Despres, L., Ravanel, P., Geremia, R. A., & Gury, J. (2008). Long Lasting Persistence of Bacillus thuringiensis Subsp. israelensis (Bti) in Mosquito Natural Habitats. PLoS ONE, 3(10), e3432. https://doi.org/10.1371/journal.pone.0003432 Tetreau, G., Alessi, M., Veyrenc, S., Périgon, S., David, J.-P., Reynaud, S., & Després, L. (2012). Fate of Bacillus thuringiensis subsp. israelensis in the Field: Evidence for Spore Recycling and Differential Persistence of Toxins in Leaf Litter. Applied and Environmental Microbiology, 78(23), 8362–8367. https://doi.org/10.1128/aem.02088-12 Tetreau, G., Bayyareddy, K., Jones, C. M., Stalinski, R., Riaz, M. A., Paris, M., … Després, L. (2012). Larval midgut modifications associated with Bti resistance in the yellow fever mosquito using proteomic and transcriptomic approaches. BMC Genomics, 13(1), 248. https://doi.org/10.1186/1471-2164-13-248 Valent Biosciences. VectoBac (Bti) WDG Biological Mosquito Larvicide Applications for Control of Zika Vectors. Frequently Asked Questions. 2018. https://www.valentbiosciences.com/publichealth/wp-content/uploads/sites/4/2017/02/faq- vectobac-wdg-applications-for-zika-virus-vectors.pdf World Health Organization. Bacillus thuringiensis israelensis (Bti) in drinking-water. Background document for development of WHO Guidelines for Drinking-water Quality. 2009. http://www.who.int/water_sanitation_health/gdwqrevision/RevisedFourthEditionBacillusthuringi ensis_Bti_July272009_2.pdf Attachment B Conditions that Escalate Risk of West Nile Virus to People Actions to Reduce Risk of West Nile Virus to People No infected moquito samples Mosquito sample positive for WNv Vector Index greater than 0.5 by mid-July Multiple positive samples during same week Consecutive weeks of positive samples Vector Index exceeds 0.75 Vector Index exceeds 0.75 in multiple samples and escalates over time Human cases above average City reminds the public to avoid bites and drain standing water City press release when first positive mosquito pool occurs and when first human case occurs in the city City increases signage at trailsheads and Parks and Recrecation facilites City provides mosquito repellent at recreational facilities City increaes NextDoor and social meda posts, newsstories, etc. to remind public of increasing risk Trainings to city staff to recognize and decrease breedings sites Consider "yard audits" to reduce breeding sites in urban areas Neighborhood leaders assist neighbors with yard audits and provide city information to avoid bites Consider additional testing to pinpoint hotspots Map human cases, if occur in clusters, focus on working with neighborhoods to reduce risk 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 2018 Parks and Recreation Advisory Board Retreat October 22, 2018 and October 26, 2018 Purpose: Once a year, members of the PRAB participate in a retreat to develop a work plan and priorities to share with staff and City Council. The retreat offers an opportunity to celebrate successes, make course corrections in work plans and chart the course ahead. PRAB Board Retreat (Part 1) – October 22, 2018 City Council Chambers PRAB Business Meeting - Matters from the Board/Retreat Item PRAB Roles, Responsibilities and Meeting Management a. Review City Charter and PRAB roles b. Discuss meeting management (PowerPoint presentation) c. Review of presentation guidelines d. Public meetings, open records, Boulder’s Code of Conduct e. Mentoring and onboarding PRAB Board Retreat (Part 2) – October 26, 2018 Columbia Cemetery/West Boulder Senior Center 2:30 p.m. – 3:45 p.m. – Tour of Columbia Cemetery (meet at Cemetery) with Caitlin Berube-Smith 4:00 p.m. - 4:30 p.m.- State of the Work (West Boulder Senior Center) a. Discussion of 2020 milestones b. Review of Master Plan progress c. Review of 2018 PRAB Action Plan and accomplishments 4:30 p.m. - 6:00p.m. – Working Session a. Development of 2019 priorities and initiatives b. Prepare letter for Council Retreat Questions? Additional items for direction or to help you be effective? 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 ATTACHMENTS Attachment A: PRAB Handbook Attachment B: PRAB Procedural Rules Attachment C: Power Point Presentation – Meeting Management Attachment D: PRAB Presentation Guidelines Attachment E: CAO Memo: Public Meetings; Open Records; Boulder’s Code of Conduct Attachment F: PRAB 2017 Action Plan Attachment G: Board and Commission Retreat Letters (instructions) Attachment H: 2017 PRAB Letter to Council Page 1 of 41 CITY OF BOULDER PARKS AND RECREATION ADVISORY BOARD HANDBOOK (Presented by the Rules Subcommittee to PRAB for its review at the February 25, 2008 Board meeting) Attachment A Page 2 of 41 SCOPE ...................................................................................................................................................................................................... 3 RECOMMENDED READING ............................................................................................................................................................... 3 PART ONE: LEGAL CONTEXT .......................................................................................................................................................... 4 I. COLORADO REVISED STATUTES ........................................................................................................................................................ 4 A. Open Meetings ............................................................................................................................................................................ 4 II. CHARTER OF THE CITY OF BOULDER, COLORADO ......................................................................................................................... 4 A. The People of Boulder and Colorado’s Constitution ................................................................................................................. 4 B. City Council ................................................................................................................................................................................ 5 C. City Manager .............................................................................................................................................................................. 5 D. PRAB ........................................................................................................................................................................................... 6 III. CITY OF BOULDER REVISED CODE .............................................................................................................................................. 11 A. Boards and Commissions General Procedures ........................................................................................................................ 11 B. Parks and Recreation Advisory Board ..................................................................................................................................... 11 PART TWO: PRAB RULES ................................................................................................................................................................ 12 I. BASIC PRINCIPLES ............................................................................................................................................................................ 12 II. OFFICERS ........................................................................................................................................................................................ 12 III. CONDUCT ....................................................................................................................................................................................... 12 IV. COMMUNICATIONS TO CITY COUNCIL ......................................................................................................................................... 12 V. AGENDA FOR MONTHLY BUSINESS MEETINGS.............................................................................................................................. 13 A. Overview .................................................................................................................................................................................... 13 B. Notes on Specific Agenda Item Categories .............................................................................................................................. 13 C. Agenda Committee .................................................................................................................................................................... 14 D. The Parks and Recreation Department .................................................................................................................................... 14 VI. COMMON MODES OF PRAB OPERATIONS ................................................................................................................................... 15 A. PRAB Requests to the Department ........................................................................................................................................... 15 B. PRAB Informal Discussion ...................................................................................................................................................... 15 C. PRAB Action ............................................................................................................................................................................. 15 VII. RULES OF MEETING PROCEDURE ............................................................................................................................................... 15 A. Prior to a Meeting .................................................................................................................................................................... 15 B. Meeting Time and Place ........................................................................................................................................................... 15 C. Required Officers ...................................................................................................................................................................... 16 D. Duties of the Presiding Officer ................................................................................................................................................. 16 E. Rights of Members .................................................................................................................................................................... 16 F. Appeal ........................................................................................................................................................................................ 16 G. Quorum ..................................................................................................................................................................................... 17 H. Assignment of the Floor ........................................................................................................................................................... 17 I. Rules of Speaking ...................................................................................................................................................................... 17 J. The Handling of a Main Motion ............................................................................................................................................... 17 K. Other Useful Motions ............................................................................................................................................................... 19 L. Improper Motions ..................................................................................................................................................................... 19 M. Principal Rules Governing Motions ........................................................................................................................................ 19 N. Voting ........................................................................................................................................................................................ 20 VIII. OTHER MEETINGS ...................................................................................................................................................................... 20 IX. PARLIAMENTARY PROCEDURE ..................................................................................................................................................... 20 X. AMENDMENT ................................................................................................................................................................................... 20 XI. REVIEW .......................................................................................................................................................................................... 20 PART THREE: APPENDIX ................................................................................................................................................................. 22 I. BRC CODE OF CONDUCT ................................................................................................................................................................. 22 II. CITY ATTORNEY’S MARCH 30, 2007 REPORT ENTITLED “SUMMARY OF IMPORTANT LEGAL RESPONSIBILITIES FOR BOARD MEMBERS AND COMMISSIONERS ................................................................................................................................................. 32 Page 3 of 41 SCOPE Part one is a summary of laws relevant to the Parks and Recreation Advisory Board (PRAB); it is not intended to be an authoritative source of the law and should be updated when laws change. Part one is intended to provide an overview of the most important legal information relating to PRAB and to provide the legal context in which PRAB exists. PRAB should request assistance from the City Attorney’s Office regarding questions of legal interpretation. Note that PRAB members are bound by their oaths of office to “… support the Constitution of the United States of America and of the State of Colorado and the Charter and ordinances of the City of Boulder.” Note that the actual legal text as accessed online is shown in italics in part one; any text not italicized in part one is not part of the law. For Boulder’s Charter and the Boulder Revised Code (BRC), the text was taken from http://www.colocode.com/boulder2/index.htm on November 19, 2007 (Note that 4-20-21 and 2-7 were taken on January 16, 2008). For the Colorado Revised Statutes, the text was taken from http://www2.michie.com/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0 on November 19, 2007. Part two is intended to provide rules for PRAB to conduct its business. The rules in part two are made by PRAB under authority granted to it by the Boulder Revised Code and are based on The Standard Code of Parliamentary Procedure (2001). These rules are incorporated into the handbook and become effective upon an affirmative vote of four PRAB members. Thereafter, all prior rules of PRAB in conflict therewith shall be of no further force or effect. Note that PRAB may not revise the statutory language quoted in parts 1 and 3, but the non-statutory rules set forth in part 2 are subject to revision by the vote of a majority of PRAB. In addition, it is the responsibility of PRAB to maintain this document; the department may assist PRAB by providing an annual reminder to review and update this document, but that work is to be done by PRAB. This document has been prepared with the assistance of the City of Boulder’s Office of the City Attorney. RECOMMENDED READING PRAB members are advised to read and familiarize themselves with the following: Parks and Recreation Master Plan. BRC 2-7 Code of Conduct. Included in part I of the appendix to this document. City Attorney’s March 30, 2007 Report entitled “Summary of Important Legal Responsibilities for Board Members and Commissioners” Included in part II of the appendix to this document. The Standard Code of Parliamentary Procedure (2001). Page 4 of 41 PART ONE: LEGAL CONTEXT I. COLORADO REVISED STATUTES A. Open Meetings PRAB members are advised to read and familiarize themselves with Title 24, Article 6, Part 4, Section 202 of the Colorado Revised Statutes, which reads in part: (2) (a) All meetings of two or more members of any state public body at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times. (b) All meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times. (c) Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public body's first regular meeting of each calendar year. The posting shall include specific agenda information where possible. (d) (I) Minutes of any meeting of a state public body shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (3) of this section is held shall reflect the topic of the discussion at the executive session. (II) Minutes of any meeting of a local public body at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or could occur shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (4) of this section is held shall reflect the topic of the discussion at the executive session. (III) If elected officials use electronic mail to discuss pending legislation or other public business among themselves, the electronic mail shall be subject to the requirements of this section. Electronic mail communication among elected officials that does not relate to pending legislation or other public business shall not be considered a "meeting" within the meaning of this section. II. CHARTER OF THE CITY OF BOULDER, COLORADO A. The People of Boulder and Colorado’s Constitution The preamble to the city charter reads: Page 5 of 41 We, the people of the City of Boulder, under the authority of the constitution of the State of Colorado, do ordain and establish this charter for the municipal government of the City of Boulder, Colorado. B. City Council 1. Specific duties of council The specific duties of council are given in Article II section 12 of the city charter, which reads: The council shall choose and appoint a city manager, a city attorney, a police magistrate, and an auditor for such independent audits as are in this charter required or authorized to be made by order of the council, and such advisory boards or commissions as may be desired or are elsewhere provided for by this charter; but no member of the council shall act or be chosen as manager. The council shall cause to be made at least annually, and at such other times as it may deem necessary, an audit of all financial accounts of the city. The council shall consider all recommendations and reports from time to time presented by the city manager, or by any of the advisory commissions or the departments of planning and parks, and shall accept or reject the same within thirty days from the date of filing thereof with the council. 2. Powers expressly withheld from council Powers expressly withheld from council are given in Article II section 13 of the city charter, which reads: Except for purposes of inquiry, the council shall deal with the administrative service solely and directly through the city manager, and neither council, its members, nor committees shall either dictate the appointment, retention or removal or direct or interfere with the work of any officer or employee under the city manager. Any such dictation, attempted direction, or interference on the part of any member of the council shall be punishable in the manner deemed appropriate by the other members of the council, which may include removal from office. (Amended by Ord. No. 6008 (1998), § 2, adopted by electorate on November 3, 1998. Further amended by Ord. No. 6009 (1998), § 2, adopted by electorate on November 3, 1998.) C. City Manager 1. The city manager defined Boulder Revised Code 1-2-1(b) states: "City manager" means the city manager of the City of Boulder, Colorado or the manager's authorized representative. 2. The city manager’s role Page 6 of 41 The city manager’s role is given in Article V section 63 of the city charter, which reads, in part: The city manager shall be the chief executive and administrative officer of the city. As such, the manager shall possess, have, and exercise all the executive and administrative powers vested in the city. 3. The city manager’s powers and duties The city manager’s powers and duties are given in Article V section 64 of the city charter. Subsection c of Article V section 64 reads: To exercise control and supervision over all departments herein created, except as otherwise in this charter provided; 4. The city manager and the department of parks and recreation The relationship between the department of parks and recreation and the city manager as well as the functions of the department of parks and recreation are given in Article XI section 155 of the city charter, which reads: Under the direction, supervision and control of the city manager, the department of parks and recreation: (a) Shall supervise, administer, and maintain all park property and recreation facilities. (b) Shall supervise, administer, and execute all park and recreation programs, plans, functions, and activities of the city. (c) Shall prepare and submit to the parks and recreation advisory board written recommendations on those matters where this article requires a recommendation from said board prior to council or department action. (d) May, at the request of the parks and recreation advisory board, prepare and submit to the board information and recommendations on such park and recreation matters as are not provided for by (c) above. (e) May request advice on any park and recreation matter from the parks and recreation advisory board. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) D. PRAB 1. General provisions General provisions for advisory commissions are given in Article IX, section 130 of the city charter, which reads: At any time after the organization of the council elected under the provisions of this charter, the council by ordinance may create and provide for such advisory commissions as it may deem advisable; provided, that a library commission is hereby created, and the council shall, within ninety days from its organization, appoint the members thereof. Page 7 of 41 Each of such commissions, including the library commission, shall be composed of five electors, appointed by the council, not all of one sex, well known for their ability, probity, public spirit, and particular fitness to serve on such respective commissions. When first constituted, the council shall designate the terms for which each member is appointed so that the term of one commissioner shall expire on December 31 of each year; and thereafter the council shall by March of each year appoint one member to serve for a term of five years. The council shall have the power to remove any commissioner for non-attendance to duties or for cause. All vacancies shall be filled by the council. When first appointed and annually thereafter following the council's appointment of the commissioner, each commission shall organize by appointing a chair, a vice-chair, and a secretary; all commissioners shall serve without compensation, but the secretary of any commission, if not a member, may receive a salary to be fixed by the council; any commission shall have power to make rules for the conduct of its business. All commissioners shall serve until their successors are appointed. All commissions shall hold regular monthly meetings. Special meetings may be called at any time upon due notice by three members. Three members shall constitute a quorum, and the affirmative vote of at least three members shall be necessary to authorize any action by the commission. All commissions shall keep accounts and records of their respective transactions, and at the end of each quarter or more often, if requested by the council, and at the end of each fiscal year shall furnish to the council a detailed report of receipts and expenditures and a statement of other business transacted. The chair of a commission shall preside at the meetings thereof and sign, execute, acknowledge, and deliver for the commission all contracts and writings of every kind required or authorized to be signed or delivered by the commission. The signature of the chair shall be attested by the secretary. The commissions shall have the right to the floor of the council to speak on plans and expenditures proposed or to appeal for a decision in a failure to agree with another commission or the manager. Wherever there shall be suitable accommodations in the city building, the offices of the commissions shall be maintained there. (Amended by Ord. No. 6007 (1998), § 2, adopted by electorate on November 3, 1998.)* 2. Creation of PRAB PRAB is created by Article XI, section 157 of the city charter, which reads: There shall be a parks and recreation advisory board consisting of seven members appointed by the city council. The members of the board shall be residents of the city, shall not hold any other office in the city, and shall serve without pay. The council may appoint such ex-officio members to the board for such terms as it deems advisable. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) Page 8 of 41 3. PRAB office PRAB term of office, removal, and vacancy are given by Article XI, section 158 of the city charter, which reads: The term of each board member shall be five years, provided, however, that in appointing the original members of the board, the city council shall designate one member to serve until December 31, 1961, two members to serve until December 31, 1962, one member to serve until December 31, 1963, two members to serve until December 31, 1964, and one member to serve until December 31, 1965. The council may remove any board member who displays lack of interest or who fails to attend board meetings for three consecutive months without formal leave of absence. The council shall fill all vacancies. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) 4. Organization and procedure of PRAB Organization and procedure of PRAB is given by Article XI, section 159 of the city charter, which reads: The board shall choose a chair and a secretary. The director of parks and recreation may be designated as secretary by the board. The board shall have regular meetings once a month. Special meetings may be called at any time by three members of the board upon giving of at least twenty-four hours' notice of said special meeting to the board members. Four members of the board shall constitute a quorum. Unless otherwise expressly provided herein, an affirmative vote of a majority of the members present shall be necessary to authorize any action by the board. The board shall keep minutes and records of its meetings and transactions. Except for such provisions as are herein expressly provided for, the board shall have power to make reasonable rules for the conduct of its business. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.)* 5. Functions of PRAB Functions of PRAB are given by Article XI, section 160 of the city charter, which reads: The parks and recreation advisory board shall not perform any administrative functions unless expressly provided in this charter. The board: (a) Shall make recommendations to the council concerning the disposal of park lands pursuant to Section 162 of this charter. Page 9 of 41 (b) Shall make recommendations to the council concerning any expenditure or appropriation from the permanent park and recreation fund pursuant to Section 161 of this charter. (c) Shall make recommendations to the council concerning the grant or denial of any license or permit in or on park lands, pursuant to Section 164 of this charter. (d) Shall review the city manager's proposed annual budget as it relates to park and recreation matters and submit its recommendations concerning said budget to the council. (e) May, at the request of the council or the department of parks and recreation, prepare and submit to the council, city manager, or the department recommendations on such park and recreation matters as are not provided for by paragraphs (a), (b), (c) and (d) above. (f) May request information and recommendations from the department pursuant to the provisions of Section 155(d) above. The city council and the parks and recreation department shall not act on any of the matters set forth in paragraphs (a), (b), (c) and (d) above without securing a recommendation from the board as above provided; however, the council and department may act on the matters set forth in paragraphs (c) and (d) above without a board recommendation if the board fails to submit its recommendation to the council within thirty days after request therefor is made by the council. The board's recommendation shall not be binding upon the city council unless expressly provided by this charter. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) 6. Permanent park and recreation fund The permanent park and recreation fund is created and defined by Article XI, section 161 of the city charter, which reads: There shall be a permanent park and recreation fund. This fund shall consist of the following: (a) An annual levy of nine-tenths of one mill on each dollar of assessed valuation of all taxable property within the city. (b) Gifts and donations to the fund. (c) Proceeds of the sale of any park or recreation property or equipment whether real, personal, or mixed. (d) Appropriations made to the fund by the city council. Expenditures from this fund shall be made only upon the favorable recommendation of the parks and recreation advisory board and appropriation by the council. Said fund shall not be used for any purpose other than the acquisition of park land or the permanent improvement of park and recreation facilities. Any portion of the fund remaining unexpended at the end of any fiscal year shall not in any event be converted into the general fund nor be subject to appropriation for general purposes. Money Page 10 of 41 appropriated from the fund which is not expended in whole or in part shall be returned to the fund and shall not be subject to appropriation for general purposes. Money appropriated from the general fund for park or recreational purposes which is not expended for the purpose designated shall be returned to the general fund. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) 7. Disposal of park properties The disposal of park properties is governed by Article XI, section 162 of the city charter, which reads: Park lands may be disposed of by the city council, but only upon the affirmative vote of at least four members of the parks and recreation advisory board. An advisory recommendation, which shall not be binding on the council, shall be obtained from the planning board prior to the disposition or lease of park lands. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961. Amended by Ord. No. 5574 (1993), § 1, adopted by electorate on November 2, 1993.) 8. Acquisition of park land The acquisition of park land is governed by Article XI, section 163 of the city charter, which reads: The council may acquire park land for the city, provided that the council shall not make any expenditure of money for the purpose of acquiring park lands without first securing a recommendation from the planning board and the parks and recreation advisory board. Provided, however, that the council can act without such recommendations if said boards fail to submit their recommendation to the council within thirty days after request therefor is made by the council. The recommendations of the said boards shall not be binding on the council except that the recommendation of the parks and recreation advisory board concerning expenditures from the permanent park and recreation fund shall be binding on the council pursuant to Section 161 of this charter. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961.) 9. Franchises, leases, permits, and licenses in parks Franchises, leases, permits, and licenses in parks are governed by Article XI, section 164 of the city charter, which reads: No franchise shall ever be granted in or on park lands except on vote of the qualified tax-paying electors in accordance with the provisions of article VIII of the charter of the city. The council may by motion grant leases, permits, or licenses in or on park lands, but only upon the affirmative vote of at least four members of the parks and recreation advisory board. The council may, by ordinance, delegate all or any part of this authority to the parks and recreation advisory board to approve such leases, permits, or licenses. The parks and recreation advisory board may, by motion, subdelegate all or any part of its delegated authority to approve such leases, permits, or licenses to the city manager. The city manager may enter into standard Page 11 of 41 commercial licensing agreements for automatic food vending machines on park lands without the approval of the parks and recreation advisory board or the council. The term of any license or permit granted hereunder shall not exceed five years, and any such license or permit so granted shall be revocable by the council at its pleasure at any time, whether such right to revoke be expressly reserved in such permit or license. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31, 1961. Amended by Ord. No. 5574 (1993), § 1, adopted by electorate on November 2, 1993.) III. CITY OF BOULDER REVISED CODE A. Boards and Commissions General Procedures 1. Rules of meeting procedure Title 2, chapter 3, section 1, subsection b, part 4 states the boards and commissions shall: Conduct its meetings under Robert's Rules Of Order, Newly Revised (1981), unless the board or commission adopts other rules of meeting procedure 2. Open meetings Title 2, chapter 3, section 1, subsection b, part 5 states the boards and commissions shall: Hold all meetings open to the public, after full and timely notice of date, time, place, and subject matter of the meeting, and provide an opportunity for public comment at the meeting 3. Procedures Title 2, chapter 3, section 1, subsection d, part 3 states the boards and commissions are authorized to: Adopt rules interpreting its legislative duties under this code and establishing procedures in aid of its functions 4. Voting Title 2, chapter 3, section 1, subsection d, part f states: If a member of a city board or commission is present at a meeting and refuses to vote, the member's vote shall be recorded in the affirmative. No member is excused from voting except on approving minutes of a meeting that the member did not attend or on a matter creating a conflict of interest under chapter 2-7, "Code Of Conduct," B.R.C. 1981, or on consideration of such member's conduct in the business of the board or commission. B. Parks and Recreation Advisory Board 1. Subpoenas Title 2, chapter 3, section 10, subsection e, states: The board is not authorized to issue subpoenas. Page 12 of 41 PART TWO: PRAB RULES I. BASIC PRINCIPLES The basic principles of parliamentary procedure that PRAB shall strive to uphold: A. Rules should facilitate the transaction of business and promote cooperation and harmony. B. All members are equal; officers only have additional duties. C. The majority vote decides. D. The rights of the minority must be protected. E. Full and free discussion of propositions presented for decision is a right of members; balanced with the chair’s duty to move thru the agenda in addressing time management issues. F. Every member has the right to comprehend the meaning of the motion before PRAB and its effect. G. Meetings should be characterized by fairness and good faith. II. OFFICERS PRAB shall have a chair, a vice-chair, and a secretary. The chair and vice-chair shall be PRAB members chosen by majority vote of PRAB at its first business meeting following the annual City Council board appointments. PRAB may by an affirmative vote of four members at any business meeting remove the chair or vice-chair from office. Should a vacancy arise in the office of either the chair or vice-chair, PRAB shall fill the vacancy by majority vote. The secretary shall be a staff member designated either by the city manager or the city manager’s authorized representative. The secretary does not have authority to vote. III. CONDUCT PRAB members shall A. act on behalf of PRAB only when delegated such authority by a majority vote of PRAB and report back to PRAB on the exercise of the charge (Note that PRAB members participating in working groups act as representatives of PRAB but not as spokespersons for PRAB) B. clearly identify whether they are speaking on behalf of PRAB or speaking for themselves when speaking in public forums other than PRAB meetings, including but not limited to city council meetings C. recuse themselves from matters raising a conflict of interest, and not speak on behalf of their own interests as to that particular matter before city council D. conduct themselves in all interactions with one another, city council, city staff, and the public in a professional and courteous manner E. make all reasonable efforts to avoid “surprise” by being proactive and open in all communications IV. COMMUNICATIONS TO CITY COUNCIL The complete text of any motion presented to City Council shall be in writing. PRAB may designate a PRAB member to present the motion to City Council during the period of public comment or, if requested by the City Council, the City Manager, or the Department, during the Council meeting. The PRAB member authorized to present the motion shall provide written copies of the motion to City Council and request to read the complete text of the motion to City Council. Page 13 of 41 V. AGENDA FOR MONTHLY BUSINESS MEETINGS A. Overview The agenda is generally set by the department as most matters arise from the department for consideration by PRAB under provisions of Article XI, Sections 155(c), (d), and (e). Items arising from PRAB for consideration by the department under Article XI, Section 160(f) may be placed on the agenda as described below in B. Other items on which a PRAB member desires discussion should be placed on the agenda under ‘matters from board members’ or ‘matters for discussion/information.’ B. Notes on Specific Agenda Item Categories 1. Public Comment Following public comments, the chair shall recognize a representative of the Department, usually the Director, to provide the Department an opportunity to respond directly to the public. 2. Items for Action (a) Items for action are those items for which a motion and vote are anticipated. Usually, such items should have been discussed at a previous PRAB meeting under ‘items for discussion/information’. Items on which the Department and/or Council requests PRAB advice shall generally be presented initially under ‘items for discussion/information’ and then at the following business meeting under ‘items for action.’ (b) Items for action are usually preceded by a staff presentation regarding the item and the question or questions for which the staff is seeking the advice of PRAB. The staff presentation may be followed by questions from PRAB. (c) Public hearings are discretionary for PRAB. However, in the interests of openness and accountability, PRAB shall hold public hearings prior to action on items arising under sections 160 (a) – (d) and prior to action on any item for which the PRAB determines that the period of public comment may not have provided the public an appropriate opportunity for input. (d) PRAB usually has a period of informal discussion following the close of the public hearing, which should result in a motion. (e) PRAB then debates the motion. (f) PRAB then votes on the motion. The exact wording of the final motion as voted upon shall appear in the minutes. 3. Matters from the Department Matters from the Department may include a summary of upcoming work, events, and/or collaborative activities of which the staff would like PRAB to be aware. 4. Matters from Board Members Matters from Board members may include ideas regarding information or recommendations to request from the department, reports from individual PRAB members on sub-committees or other PRAB- Page 14 of 41 related activities to which less than a quorum of PRAB has been assigned, or PRAB-related activities which are not agenda items that an individual PRAB member wishes to bring to the attention of PRAB as a whole. C. Agenda Committee 1. The agenda committee is composed of the PRAB chair, PRAB vice-chair, Parks and Recreation Department Director, and any pertinent staff. In the event that the PRAB chair or PRAB vice-chair can not attend an agenda committee meeting, another PRAB member can be appointed as a pro tem agenda committee member by the PRAB member who can not attend. 2. The agenda committee usually meets on a weekday during the week of the monthly PRAB meeting. 3. The agenda committee receives a draft agenda from the Parks and Recreation Department Director, which reflects charter-mandated actions and items on which the Department and/or Council requests PRAB advice as defined by Article XI, Sections 160 through 164 inclusive of the city charter. 4. The agenda committee carries out only the agenda setting function on behalf of PRAB as a whole; therefore, it shall not use the agenda committee meeting to advance the PRAB member’s own agendas or points of view or to limit or constrain other points of view. 5. The agenda committee determines how to present each item to PRAB, works to balance content with time, and allocates time for each item (times assigned are guidelines to be monitored by the chair during the board meeting). D. The Parks and Recreation Department 1. The Parks and Recreation Department prepares packets containing the agenda and any other pertinent documents for each PRAB meeting. PRAB materials should clearly articulate the subject or question on which PRAB’s advice is sought, or the reason why the matter is being brought to the attention of the PRAB. PRAB materials should allow PRAB members to prepare appropriately prior to the meeting, such as formulating any pertinent motion, discussion points, and questions. 2. In order for PRAB members to have the most informed discussion of the issues before it, the Parks and Recreation Department is requested to provide PRAB with objective information. When analyzing alternative courses of action, it is requested that the Department present and analyze a range of realistic alternatives, including those proposed by PRAB members and members of the public, and present the Department’s preferred alternative. 3. The Parks and Recreation Department distributes the packets to PRAB members, usually on the Wednesday prior to a Monday board meeting. 4. The Parks and Recreation Department provides notice of PRAB meetings as required by BRC 2-3- 1(b)(5). Page 15 of 41 VI. COMMON MODES OF PRAB OPERATIONS A. PRAB Requests to the Department PRAB may request information and recommendations from the department under Article XI, Section 160(f) via passing a motion that makes that request. The usual process for making such a request is to introduce an idea during the ‘approval of agenda’ portion of the meeting and then have an initial discussion of it under either the ‘matters for discussion/information’ or ‘matters from board members’ portion of the meeting. Following initial discussion, PRAB should vote on a motion to dispose of the idea, to include it on the agenda for the next business meeting for further work, or to make another motion that actually spells out the request of the department. B. PRAB Informal Discussion Items that a PRAB member wishes to discuss with PRAB should be raised by that member in the form of a motion for informal consideration. If the motion carries, then an informal discussion can take place either under the ‘matters from board members’ portion of the current meeting or under another portion of the current meeting as specified in the motion approved. An informal discussion is started by a motion but does not center on a motion, so the rules for handling motions and debate do not apply during the period of informal discussion. Following informal discussion, a PRAB member may make a motion to include the item for action on the agenda for the current meeting or for the next meeting. If a motion to add the item to the current meeting agenda is approved, then any PRAB member may make a motion on that item. C. PRAB Action PRAB takes action via a motion, debate on a motion, and voting on a motion. If a PRAB member wishes the board to take immediate action on an item, that member should raise the item during the ‘approval of agenda’ portion of the meeting in the form of a motion for debate. If the motion carries, then the issue can be debated during the ‘items for action’ portion of the current meeting. VII. RULES OF MEETING PROCEDURE A. Prior to a Meeting 1. PRAB members should review their meeting packets and come to the meeting prepared to address the agenda without undue delay. 2. To the extent that an individual PRAB member has a question regarding a particular agenda item, the PRAB member may address the question to the Department Director. If time permits, staff may respond to the PRAB member who raised the question prior to the meeting and the PRAB as a whole. The inquiry and response shall be reported at the PRAB meeting by the PRAB member who raised the question and the chair shall provide the Department an opportunity to speak to the question. B. Meeting Time and Place 1. The usual meeting time and place shall be the fourth Monday of each month starting at 6 pm in the City Council chambers; however, the time and place may be changed upon adequate prior notice to the public, PRAB, and the department. Page 16 of 41 C. Required Officers 1. Presiding Officer The chair of PRAB is the presiding officer, unless absent. In the absence of the chair of PRAB, the vice-chair of PRAB shall be the presiding officer. If both the chair of PRAB and the vice-chair of PRAB are absent, then a member of PRAB shall be elected by a majority vote of the PRAB members present as chair pro tem and shall serve as the presiding officer. 2. Secretary In the absence of the secretary, a secretary pro tem shall be elected by a majority vote of the members present. D. Duties of the Presiding Officer The presiding officer shall: Determine the presence of a quorum Call the meeting to order Move through the agenda while monitoring the time Ensure that all persons speaking during public participation have provided the appropriate written information to PRAB Ensure that access to the floor is fair, equitable, and untainted by his/her position on the issue State and put to vote all motions Announce the result of each vote Enforce the rules relating to procedure and decorum Refuse to recognize dilatory or improper motions Announce the basis or reason for ruling any motion improper E. Rights of Members Members’ rights include: Make motions Speak in debate on motions Vote Require a retake of a voice vote of which the result is doubted by the member Make a point of order to insist on the enforcement of the rules if the member notices a breach of the rules that the presiding officer has not corrected Make a parliamentary inquiry of the presiding officer if uncertain as to whether there is a breach on which a point of order can be made F. Appeal Although the duty of ruling on all questions of parliamentary procedure rests with the presiding officer, any two members can require him to submit a ruling to the vote of PRAB by moving and seconding an appeal immediately after the presiding officer has made a ruling. By one member making the appeal and another seconding it, the ruling is taken from the presiding officer and vested in PRAB for final decision. Page 17 of 41 G. Quorum 1. Four members of PRAB constitute a quorum, as specified in Article XI, Section 159. 2. It is the duty of the presiding officer to determine that a quorum is present before calling a meeting to order. An announcement is not required. 3. The only actions that can be taken in the absence of a quorum are: Fix a time at which to adjourn Adjourn Recess Take measures to obtain a quorum H. Assignment of the Floor 1. Before speaking, a member must claim the floor by raising their hand. The chair will recognize a member by nodding or announcing. 2. While a motion is open to debate, if the member who made the motion claims the floor and has not already spoken on the question, then she or he is entitled to be recognized first. I. Rules of Speaking At all times, members shall Maintain a courteous tone Avoid repetition to the greatest extent possible Not engage in personal attacks Confine their statements to 5 minutes, unless permission has been obtained from PRAB to exceed that limit J. The Handling of a Main Motion 1. Making a motion A member, after obtaining the floor, makes a motion. If necessary, the motion can be prefaced by a few words of explanation, which must not become a statement, or a member can first request information or can indicate briefly what he wishes to propose and request the chair or another member to assist with appropriate wording. A resolution or a long or complicated motion should be prepared in advance of the meeting, if possible, and should be put in writing before it is offered. 2. Seconding a motion Another member can second the motion to indicate that the motion should come before PRAB for consideration. The seconder may speak and vote against the motion. If there is no second, the chair shall not recognize the motion. 3. Stating the motion The chair formally places the motion before PRAB by stating the exact motion and announcing it is open to debate. The chair may require any motion to be in writing before she or he states it. Note Page 18 of 41 that a motion can be withdrawn by its proposer anytime before the chair states the motion. Once the chair has stated it, the motion can be withdrawn only by permission of PRAB. 4. Debate (a) The presiding officer can enter into the debate on the pending motion. (b) The assignment of the floor in section VI H above applies. (c) The speaker’s position on the motion should be stated directly, such as “I support this motion because…” or “I oppose this motion because…” (d) In addition to the rules for speaking in section VI I above, the following rules of decorum apply: i. Members shall confine remarks to the merits of the pending question – discussion that departs from the subject is out of order ii. Members shall refrain from attacking a member’s motives iii. Members shall not disturb PRAB during debate iv. Members who are interested and informed on the subject may speak several times providing that members who have not already spoken are not seeking recognition. v. Merely asking a question or making a brief suggestion is not considered a statement in debate. vi. After each member has had the opportunity to be heard in each round of debate, the chair shall ask if there is any further discussion. If not, the motion is put to a vote. (e) Amendments i. An amendment must always be closely related to or have bearing upon the subject of the motion to be amended. No new subject can be introduced under the pretext of an amendment but an amendment can be hostile to or defeat the spirit of the original motion. ii. Amendments may a) insert or add words or paragraphs b) strike out words or paragraphs c) strike out and insert words d) substitute words, from one word to the entire text of the motion iii. Handling of amendments a) A member obtains the floor during debate on a motion b) The member moves to amend c) Another member seconds d) The presiding officer states the proposed amended form of the motion e) Debate on the amendment f) The presiding officer puts the amendment to a vote Page 19 of 41 5. Putting the motion to a vote (a) The presiding officer asks “Is there any further discussion?” If no one claims the floor, then the chair announces the exact motion. If there is any possibility of confusion, the chair should explain the effect of a yes vote and the effect of a no vote. (b) The presiding officer announces the form of the vote, in accordance with section L below. (c) The presiding officer calls for the affirmative vote (d) The presiding officer calls for the negative vote (e) The presiding officer announces the result of the vote K. Other Useful Motions Motions other than main motions are available and members are encouraged to consult The Standard Code of Parliamentary Procedure (2001) for further information. Some of the more useful motions available are summarized in the table appearing in part II of the appendix. L. Improper Motions 1. A motion is out of order if it conflicts with US, Colorado, or City of Boulder law. 2. A motion is out of order if it proposes action outside the legal scope of PRAB. 3. A motion is dilatory and out of order if it seeks to obstruct or thwart the will of PRAB as clearly indicated by the existing parliamentary situation or if it is absurd in substance. M. Principal Rules Governing Motions The following chart is adopted from The Standard Code of Parliamentary Procedure (2001): category precedence motion interrupt second vote Privileged 1 Adjourn no yes majority 2 Recess no yes majority 3 Question of privilege yes no none Subsidiary 4 Postpone temporarily (table) no yes majority, 2/3 if suppresses debate on the motion 5 Close debate no yes 2/3 6 Limit debate no yes 2/3 7 Postpone to a certain time no yes majority 8 Refer to committee no yes majority 9 Amend no yes majority Main 10 Main motion no yes majority 10 Amend a previous action no yes majority 10 Ratify no yes majority 10 Reconsider yes yes majority 10 Rescind no yes majority 10 Resume consideration no yes majority Incidental Motions NA Appeal yes yes majority NA Suspend rules no yes 2/3 Page 20 of 41 NA Consider informally no yes majority Incidental Requests NA Point of order yes no none NA Parliamentary inquiry yes no none NA Withdraw a motion yes no none N. Voting 1. A roll call vote on a rotating basis of the roll shall be taken upon all motions pertaining to: disposal of park lands expenditure or appropriation from the permanent park and recreation fund grant or denial of any license or permit in or on park lands review of the budget recommendations on the budget 2. For all other motions, the vote may be taken by voice, by show of hands, or by roll call on a rotating basis of the roll as determined by the presiding officer subject to appeal. 3. Unless otherwise expressly provided in the Charter or BRC, an affirmative vote of a majority of the members present shall be necessary to authorize any action of PRAB, as specified in Article XI, Section 159. 4. Any member who doubts the result of a voice vote has a right to require a retake of that voice vote as a show of hands. 5. If a PRAB member is present and refuses to vote, the member’s vote shall be recorded in the affirmative. No member is excused from voting except on approving minutes of a meeting that the member did not attend or on a matter creating a conflict of interest as specified by BRC 2-3-1(f). VIII. OTHER MEETINGS PRAB may hold meetings other than the monthly business meeting. Such meetings shall be called by PRAB by a majority vote on a motion – the motion shall include the time and place of the meeting. Such meetings are subject to the legal context in which PRAB exists including notice and minutes. Such meetings may be study meetings with city staff, PRAB working meetings without staff, or other forms as needed. IX. PARLIAMENTARY PROCEDURE Except as provided herein or specified in the Charter or BRC, all matters of procedure are governed by The Standard Code of Parliamentary Procedure (2001). X. AMENDMENT Provided notice of proposed changes, which includes additions, has been given to each PRAB member and to the Office of the City Attorney at least fifteen days prior to a business meeting, these rules may be amended by PRAB by an affirmative vote of four members. XI. REVIEW At the first business meeting of each calendar year, these rules shall be reviewed by PRAB for the purposes of PRAB members maintaining familiarity with these procedures, assessing the effectiveness of these rules, Page 21 of 41 and evaluating if any modifications are needed. Updates to the handbook, especially updating the statutory quotations, should also be made by PRAB in cooperation with the City Attorney’s Office at that time. Page 22 of 41 PART THREE: APPENDIX I. BRC CODE OF CONDUCT Chapter 2-7: Code of Conduct 2-7-1 Purpose, Legislative Intent and Findings. (a) Purpose: The purpose of this chapter is to protect the integrity of city government by: (1) Defining and forbidding certain conflicts of interest that if left unchecked tend to compromise the ability of elected and appointed public officials and public employees to perform their duties without improper financial influence. (2) Defining and discouraging certain actions that may create an appearance of impropriety that undermines public trust in the accountability and loyalty of elected and appointed public officials and employees. (3) Protecting the integrity of city government by providing standards of conduct and guidelines for elected and appointed public officials and public employees to follow when their private interests as residents conflict with their public duties. (4) Fostering public trust by defining standards of honest government and prohibiting the use of public office for private gain. (b) Legislative Intent: It is the intent of the city council to: (1) Prohibit public officials and public employees from acting on any matter in which he or she may have a conflict of interest. (2) Establish aspirational guidelines to encourage public officials and public employees to avoid any appearance of impropriety. (3) Require adherence to any provision of state or federal law that imposes a higher standard of conduct than this chapter. (c) Findings: The city council finds and determines that this chapter is necessary to protect the public health, safety, and welfare of the residents of Boulder. 2-7-2 Conflicts of Interest Prohibited. (a) Conflicts Prohibited: No public official or public employee shall make or participate in the making of any official action in which he or she knows or should have known that he or she would have a conflict of interest. (b) Disclosure Required: Each public official or public employee shall disclose any conflict of interest and disqualify him or herself from participating in the relevant action as provided in section 2-7-10, "Disclosure and Recusal Procedure," B.R.C. 1981. 2-7-3 Use of Public Office or Confidential Information for Financial Gain. Page 23 of 41 (a) Use Of Position For Gain Prohibited: No city council member, employee, or appointee to a city board, commission, task force or similar body shall use his or her public office or position for financial gain. (b) Use Of Confidential Information For Financial Gain Prohibited: No city council member, employee, or appointee to a city board, commission, task force or similar body shall use or disclose confidential information obtained as a result of holding his or her public office or position, to obtain financial gain, whether for personal gain; gain for his or her relative; gain of any property or entity in which the official or employee has a substantial interest; or gain for any person or for any entity with whom the official or employee is negotiating for or has any arrangement concerning prospective employment. 2-7-4 Duty to Maintain the Confidentiality of Privileged Information. (a) Duty Of A Member Of City Council, Board, Commission, Task Force Or Similar Body: No city council member or appointee to a city board, commission, task force or similar body shall disclose privileged or confidential information without a public majority vote granting the permission of the council or similar body that holds the privilege. The sanction for a member of the city council, board, commission, task force or similar body shall be censure of the body, reached by a majority vote of the body, not including the member charged with disclosing such confidential information. (b) Duty Of A City Employee: No city employee shall disclose privileged or confidential information, obtained as a result of holding his or her public office or position, unless the employee has first received approval by the city manager acting upon the advice of the city attorney. 2-7-5 Gifts to Officials and Employees. (a) Gifts Prohibited: No city council member or appointee to a city board, commission, task force or similar body, or city employee, or relative of such employee or official shall accept anything of value including, without limitation, a gift, a favor, or a promise of future employment if: (1) The official or employee is in a position to take official action with regard to the donor; or (2) The city has or is known to be likely to have a transactional, business, or regulatory relationship with the donor. (b) Exceptions And Items Not Considered Gifts: The following shall not be considered gifts for purposes of this section, and it shall not be a violation of this chapter for a person to accept the same: (1) Campaign contributions as permitted by law; (2) An unsolicited, occasional non-pecuniary gift of a maximum amount of $50.00 or less in value. The maximum amount will be adjusted on January 1, 2006, and annually thereafter to reflect changes in the United States Bureau of Labor Statistics Consumer Price Index for the Denver-Boulder Consolidated Metropolitan Statistical Area for all Urban Consumers, All Goods, or its successor index; Page 24 of 41 (3) A gift from a relative; (4) An award, publicly presented, in recognition of public service; (5) Reasonable expenses paid by other governments or governmentally related organizations for attendance at a convention, fact-finding mission or trip, or other meeting if the person is scheduled to deliver a speech, make a presentation, participate in a panel, or represent the city; (6) Items which are similarly available to all employees of the city or to the general public on the same terms and conditions; and (7) A single unsolicited ticket given to a city council member and valued at not in excess of $150.00 to attend events open to the public on behalf of the city, such as awards dinners, nonprofit organization banquets and seminars, provided that: (A) The ticket is offered only to the council member and has no resale value; and (B) The ticket is not offered by a commercial vendor who sells or wishes to sell services or products to the city; and (C) The ticket is not for a sporting event. 2-7-6 Prior Employment, Outside Employment, and Subsequent Employment. (a) Prior Employment: No person shall be disqualified from service with the city as an official or employee solely because of his or her prior employment. Officials and employees shall not take official action with respect to their former employers for a period of six months from the date of termination of the prior employment. (b) Disclosure Of Employment And Other Business Activities: All officials and employees, other than elected officials, shall report existing or proposed outside employment or other outside business interests that may affect their responsibilities to the city in writing to their appointing authorities prior to being appointed or hired. After being appointed or hired, all such people shall report any changes of employment or changes to outside business interests that may affect the person's responsibilities to the city, within thirty days after accepting the same. An employee that has received permission from the city manager may engage in outside employment or outside business interests. (c) Disclosure By City Council Members: Members of the city council shall report any change in their employment status that could give rise to a conflict of interest under this chapter. (d) Activities That Occur After Termination Of Employment Or Office: No former official or employee shall seek or obtain employment concerning matters upon which he or she took official action during his or her service with the city for six months following termination of office or employment. This provision may be waived by the city council or the city manager. (e) Participation Of Former Officials Or Employees: No former official or employee shall appear before, or participate in, a city board, commission, task force or similar body on which he or she was a member or served directly as an employee concerning any matter or on which he or she took official action during his or her service with the city for twelve months following termination of office or employment. This prohibition may be waived by the city council by Page 25 of 41 appointment or vote. This prohibition shall not apply to persons who appear before the city in their capacity as an elected official following termination of their office or employment with the city. (f) Participation In Litigation After Termination: No former official shall engage in any action or litigation in which the city is involved on behalf of any other person or entity, if the action or litigation involves a matter upon which the person took official action during his or her service with the city for twelve months following termination of service with the city. 2-7-7 Employment of Relatives. (a) No official or employee shall appoint, hire, or advocate the appointment or hiring by the city any person who is his or her relative. In the event that an employee is concerned that the employee's decision to appoint, hire or advocate the appointment or hiring by the city a person who is the employee's relative may cause an appearance of violating this section, the employee may request that the city manager make such decision on the employee's behalf. Council- appointed officers may request the city council to make such an appointment or hiring decision on their behalf. (b) The city may enter into transactions with companies, corporations or other business organizations that employ a relative of a city official or employee, provided that: (1) The official or employee does not participate in the decision making that leads to hiring the company, corporation, or other business organization that employs his or her relative; or (2) The business organization is a publicly-traded corporation that provides its services or products to the city on nondiscriminatory terms justified by the market facts and circumstances of each transaction; or (3) The company, corporation, or business organization has been doing business with the city for at least one year prior to the date the city official's or employee's relative became employed by the company, corporation or other business organization, and the city official's or employee's relative is not directly employed upon matters involving the city and does not have his or her compensation tied in any manner to the success of the company, corporation, or other business organization, or its ability to obtain business or earn compensation from the city. 2-7-8 Representing Others Before the City Prohibited. (a) City Council Members Barred From Representing Others: No city council member shall appear on behalf of himself or herself, or another person, before the city council or any city board, commission, task force or similar body. A city council member may be affiliated with a firm appearing on behalf of or employed by another person concerning any transaction with the city before such a body if the council member discloses the situation and recuses himself or herself pursuant to section 2-7-10, "Disclosure and Recusal Procedure," B.R.C. 1981. (b) Board, Commission Or Task Force Members Barred From Representing Others: An appointee to a city board, commission, task force or similar body may appear or be affiliated with a firm appearing concerning any transaction with the city under the following circumstances: Page 26 of 41 (1) An appointee may appear on his or her own behalf before the body of which he or she is a member to represent his or her personal interests, if the appointee discloses the situation and recuses himself or herself pursuant to section 2-7-10, "Disclosure and Recusal Procedure," B.R.C. 1981, or before the city council; (2) An appointee may appear on behalf of another person before any city body except the city council or the body of which the appointee is a member; (3) A firm with which an appointee is affiliated may not appear on behalf of or be employed by another person concerning any transaction before the body of which the appointee is a member unless the appointee discloses the situation and recuses himself or herself pursuant to Section 2- 7-10, "Disclosure and Recusal Procedure," B.R.C. 1981. (c) City Employees Barred From Representing Others: No city employee shall appear on behalf of or be employed by another person concerning any transaction with the city or before the city council or any city board, commission, task force or similar body. An employee may appear before such a body on his or her own behalf or on behalf of such employee's spouse, parent, or child. Nothing in this chapter shall be deemed to prohibit the city manager from establishing additional policies and regulations to prevent conflicts of interest between city employees and the city. (d) City Council Members And Municipal Court: No city council member who is an attorney shall appear on behalf of or be employed by another person or be affiliated with a firm appearing on behalf of or employed by another person concerning any matter before the municipal court. (e) City Employees And Municipal Court: No city employee who is an attorney shall appear on behalf of or be employed by another person or be affiliated with a firm that appears on behalf of or is employed by another person concerning any matter before the municipal court. A non- attorney employee may appear before the municipal court on his or her own behalf, and an employee other than a municipal court judge may appear on behalf of such employee's spouse, parent, or child to the extent otherwise allowed by law. This authority is intended to allow employees to assist family members in matters before the municipal court to the extent permitted by law but not to promote the unauthorized practice of law. (f) Board, Commission, Or Task Force Member And Municipal Court: An appointee to a city board, commission, task force or similar body may appear before the municipal court and may be affiliated with a firm appearing before the municipal court. (g) Consent To Sue: No city council member or appointee to any city board, commission, task force or similar body shall be a party or by himself or herself or as an affiliate of a firm appear on behalf of a party in a civil law suit in which the city is an adverse party, unless the member or appointee first obtains the consent of the city council. Ordinance No. 7517 (2007) 2-7-9 Appearances of Impropriety Discouraged. (a) These guidelines are intended to establish ethical goals and principles to help city council members, employees, and appointees to a city board, commission, task force or similar body to Page 27 of 41 determine if their actions may cause an appearance of impropriety that will undermine the public's trust in local government. (b) Violations of this section shall not constitute a violation of this chapter. Compliance with this section will not constitute a defense for violation of another subsection or section of this chapter. (c) A city council member, employee, or appointee to a city board, commission, task force or similar body who determines that his or her actions may cause an appearance of impropriety should consider, but is not required to, disclose and recuse as prescribed by section 2-7-10, "Disclosure and Recusal Procedure," B.R.C. 1981, in the following circumstances: (1) If the person is an employee of a state or federal government entity with a substantial interest in any transaction with the city; (2) If the person has a close friend with a substantial interest in any transaction with the city, and the council member, appointee, or employee believes that the friendship would prevent such person from acting impartially with regard to the particular transaction; (3) If the person has an interest in any transaction with the city that is personal or private in nature that would cause a reasonable person in the community to question the objectivity of the city council member, employee, or appointee to a city board, or commission; (4) If the person is called upon to act in a quasi-judicial capacity in a decision regarding any of the situations described in paragraphs (c)(1), (c)(2), and (c)(3) of this section; or (5) If the person owns or leases real property within six hundred feet from a parcel of property that is the subject of a transaction with the city upon which he or she must make a decision, and is not required to receive official notice of a quasi-judicial action of the city. (Ordinance No. 7453 (2006)) 2-7-10 Disclosure and Recusal Procedure. (a) Disclosure And Recusal: No person with a conflict of interest pursuant to subsection 2-7- 2(a), B.R.C. 1981, and no person described in subsection 2-7-8(a) or (b), B.R.C. 1981, shall fail to give written notice of the interest described in such subsection to the city council or the city board, commission, task force or similar body of which the person is a member and the city manager as soon as reasonably possible after the interest has arisen. However, no written notice is required if such person discloses the conflict of interest on the record of a public meeting of the city council or the city board, commission, task force or similar body of which the person is a member. The interested council member, employee, or appointee shall thereafter: (1) Refrain from voting upon or otherwise acting in an official capacity in such transaction; (2) Physically absent himself or herself from the room in which a matter related to such transaction is being considered; and (3) Not discuss any matter related to such transaction with any other member of the council, board, commission, task force, or similar body of which the person is a member. (b) Recusal By The Council, Board, Commission, Task Force Or Similar Body: The city council and any city board, commission, task force or similar body may order recusal of one of its Page 28 of 41 members if that member has an obligation to do so under this chapter and has failed to do so. Such an order is valid if reached after majority vote of the members of the body, not including the member whose recusal is sought, based on competent evidence. 2-7-11 Enforcement. (a) Violations Prohibited: No person shall violate the requirements of this chapter. (b) Complaints: A complaint alleging a violation of this chapter may be initiated by any of the following: (1) Complaints Initiated By The City Manager Or City Attorney: The city manager or city attorney may initiate an investigation of any city employee, other than those directly reporting to the city council, if facts are alleged to the city manager in any form that, if true, would constitute a violation of the provisions of this chapter. (2) Complaints Initiated By A Resident Or City Employee: A resident of the city or any city employee may initiate an investigation of any city council member, employee, or appointee to a city board, commission, task force or similar body by filing a sworn statement with the city clerk setting forth facts which, if true, would constitute a violation of a provision of this chapter. (3) Complaints Initiated By The City Council: The city council may initiate an investigation of any of its employees, and of any city council member or appointee to a city board, commission, task force or similar body if facts are alleged to the council that, if true, would constitute a violation of the provisions of this chapter. (c) Investigation Of A Complaint: The city manager (for city employees) or the city council (for all others) shall request the city attorney to conduct an investigation regarding a violation of this chapter. The city attorney may request that the city council appoint special counsel to investigate and prosecute any case that may cause the city attorney to have a conflict of interest or may cause an appearance of impropriety under the provisions of this chapter, or may violate any rule regarding professional responsibility. (d) Response To All Complaints Required: A public official or body, or appointee thereof, conducting an investigation pursuant to subsection (b) of this section shall prepare written findings of fact and conclusions of law in response to all complaints that shall be made available to the public upon completion of the investigation. The response may include a finding that the complaint has no merit, is frivolous, is groundless, or is brought for purposes of harassment. (e) Limitations: No action may be taken on any complaint that is filed later than twelve months after discovery of the facts supporting an allegation that a violation of this chapter occurred. 2-7-12 Sanctions and Remedies for Violation. (a) Transactions Voidable: If a transaction including but not limited to a contract or sale is consummated contrary to the provisions of subsection 2-7-2(a), B.R.C. 1981, the city council may void the transaction. Page 29 of 41 (b) Removal By City Council: The city council may remove any of its employees and any member of a city board, commission, task force or similar body that it finds has willfully violated any provision of this chapter. (c) Sanction Recommendations: If the party conducting an investigation pursuant to section 2-7- 11, "Enforcement," B.R.C. 1981, finds that a city council member or an appointee to a city board, commission, task force or similar body, or employee has violated any provision of this chapter, the investigator shall provide its findings and recommendations to the city manager or city council, as appropriate, who or which in turn may take any of the following actions: (1) In the case of a city council member, a motion of censure; (2) In the case of a city employee, a motion for censure or a recommendation that the employee's appointing authority consider disciplining or discharging the employee; (3) Removal as provided in subsection (b) of this section; or (4) As an alternative or in addition to the sanctions imposed herein, the city council may resolve that any person or entity causing, inducing, or soliciting a public official or public employee to violate this chapter may not be involved in any transaction with the city, including but not limited to the award of any city contract, grant, loan or any other thing of value for a period of twelve months or that any such contract, grant, loan or thing of value be terminated, repaid or forfeited. (d) Civil Remedies: Any person affected by a city transaction may commence a civil action in the District Court in and for the County of Boulder for equitable relief to enforce the provisions of this chapter upon a showing of willful violation of any provision of this chapter. Before filing such an action, the person shall present the claim to the city attorney to investigate in accordance with subsection 2-7-11(c), B.R.C. 1981. The city attorney or appointed special council shall have sixty days to act thereon. No civil action in district court pursuant to this subsection may be commenced later than twelve months after a violation of this chapter is alleged to have occurred. (e) Criminal Sanctions: The city attorney, or special counsel authorized to act on behalf of the city attorney, acting on behalf of the people of the city, may prosecute any violation of this chapter in municipal court in the same manner that other municipal offenses are prosecuted. (f) Defense: It shall be a defense to any charge of a violation of this chapter if the city council member, employee, or appointee to a city board, commission, task force or similar body obtained an advisory opinion pursuant to section 2-7-13, "Advisory Opinions and Outside Counsel Appointment," B.R.C. 1981, and was acting in accordance with the advice provided thereby. 2-7-13 Advisory Opinions and Outside Counsel Appointment. (a) City Attorney To Provide Advisory Opinions: Any city council member, employee, or appointee to a city board, commission, task force or similar body may request an advisory opinion of the city attorney whenever a question arises as to the applicability of this chapter to a particular situation. The city attorney's advisory opinion may provide a specific defense from prosecution as set forth in section 2-7-12, "Sanctions And Remedies For Violation," B.R.C. 1981. Page 30 of 41 (b) Appointment Of Outside Counsel: If a significant controversy arises under this chapter, the city attorney may appoint a neutral outside counsel to assist in resolving the issue. 2-7-14 Exemptions From Chapter. Nothing in this chapter shall be deemed to apply to a city employee or appointee to a city board, commission, task force or similar body who appears before any such body to urge action on a policy or issue of a general civic nature or to the relationship between the city council, the city, and a general improvement district. Participation in an improvement district shall not, in and of itself, constitute a conflict of interest for a city council or improvement district advisory committee decision concerning the district. 2-7-15 Definitions. "Affiliated with" means an employee, partner, agent, stockholder, joint venturer, or corporate director of any business organization or a person who shares office space with such organization. "Appear on behalf of" means to act as a witness, advocate, or expert or otherwise to support or oppose the position of another person. "Conflict of interest" shall mean any situation in which a city council member, an appointee to a city board, commission, task force or similar body, or a city employee: (a) Has a substantial interest in any transaction with the city; (b) Has a relative with a substantial interest in any transaction with the city; (c) Has a substantial interest as an affiliate of a firm with a substantial interest in any transaction with the city; (d) Has a substantial interest as an affiliate of a firm appearing on behalf of or employed by a person with a substantial interest in any transaction with the city; (e) Is an officer of an organization that has taken an official position on any transaction with the city; (f) Is on the board of directors of an organization that is substantially affected by a transaction with the city; (g) Is affiliated with a law, accounting, planning, or other professional firm that has substantial interest in any transaction with the city; or (h) Is required to receive official notice of a quasi-judicial action from the city. "Employment" means providing personal services as an employee or an independent contractor, with or without consideration. "Gift" means any payment, entertainment, subscription, forbearance, service, or any other thing of value, rendering or deposit of money, which is transferred to a donee directly or in trust for his or her benefit. "Gift" shall not include campaign contributions as permitted by law. Page 31 of 41 "Official action" means any legislative, administrative, or quasi-judicial act of any public official or employee including, without limitation, participation in, or influence of, the decision- making process leading up to a vote or final determination. "Public employee" or "employee" means any person holding any paid position of employment with the city, but shall not include consultants or contractors who have independent control over their work product. "Public official" or "official" means any person holding a position with the city by election and any person holding a position as an appointee of the city council or the city manager serving on any city board, commission, task force or similar body. "Relative" means any person related to a public official or an employee by blood, marriage or adoption, through the second degree of consanguinity, including, without limitation, the following: spouse, parents, parents-in-law, children, children-in-law, brothers and sisters, brothers and sisters-in-law, grandparents, grandchildren, aunts, uncles, cousins, nephews, and nieces. A separation between spouses shall not be deemed to terminate relationships described above which exist only because of marriage. "Substantial interest" means a situation, including, without limitation, a financial stake in the outcome of a decision in which, considering all of the circumstances, would tend to influence the decision of a reasonable person faced with making the same decision. "Transaction" means a contract of any kind; any sale or lease of any interest in land, material, supplies, or services; or any granting of a development right, any planning, zoning or land use or review process that may precede granting of a development right, license, permit, or application. A transaction does not include any decision which is legislative in nature that affects the entire membership of a class or a significant segment of the community in the same manner as the affected official or employee. Adopted by Ordinance No. 4677. Amended by Ordinance Nos. 5396, 7286. Derived from Ordinance No. 3792. Repealed and reenacted by Ordinance No. 7442. Page 32 of 41 II. City Attorney’s March 30,2007 Report entitled “Summary of Important Legal Responsibilities for Board Members and Commissioners March 30, 2007 CITY BOARDS AND COMMISSIONS Boulder, Colorado RE: Summary of Important Legal Responsibilities for Board Members and Commissioners Dear City Board Members and Commissioners: I would like to offer my personal thanks for your willingness to serve the Boulder community. Public service in Boulder’s form of “home rule” local government can be very rewarding. It can be challenging as well. Robust public engagement in civic affairs is an essential hallmark of Boulder. The Colorado pioneers who created home rule had a deep and abiding mistrust of distant, secretive government because of the corruption often bred in that environment. As a result, the City of Boulder conducts all of its business in the bright sunshine of public and media scrutiny. Our behavior as public officials, public employees, and board and commission appointees becomes the example by which the quality and character of Boulder's local governance is judged. I have great pride in this city’s commitment to open, ethical, and responsive government. I know you will join me in feeling a sense of stewardship for the qualities that make Boulder one of the truly great American cities. This report summarizes some important city and state laws that govern how you must conduct yourself as a Boulder board or commission appointee. These laws create rules to protect the public’s trust in local government. But they are more than rules – these laws truly define the essentials of responsive and effective local governance. Page 33 of 41 This report is organized into six sections which discuss the following topics:  The Basics of Colorado “Home Rule” Government  Voting Rules for Boards and Commissions  Boulder’s Conflict of Interest Law  Sunshine Laws: Open Meetings and Open Records  Special Constitutional Rules for Quasi-Judicial Hearings  Rules on Removal from Board or Commission Positions A final caveat is necessary. This report is meant as a brief summary of some very complex issues. You should not treat this report as authoritative legal advice that is binding upon the city. If you have additional questions, please feel welcome to contact me or your board’s or commission’s assigned assistant city attorney for further information at (303) 441-3020. Please recognize, however, that the City Attorney’s Office represents the city as a corporate entity. We are not able to represent you as an individual in a confidential attorney-client relationship. We can and do, however, provide legal advice to the Council, city staff, and boards and commissions on city business. Moreover, you are entitled to receive non-confidential individual advice from this office on conflict of interest matters that arise during your service with the city. Respectfully submitted, ARIEL PIERRE CALONNE City Attorney APC:lh cc: City Council Frank W. Bruno, City Manager Page 34 of 41 1. The Basics of Colorado “Home Rule” Government. “The powerful corporate interests engaged in the exploitation of municipal franchises are securely entrenched behind a series of constitutional and legal checks on the majority which makes it extremely difficult for public opinion to exercise any effective control over them.”1 Between the Civil War and the early twentieth century, municipal governments were considered “creatures” of the state. Cities had only those few and limited powers that were granted by state legislation. During the same period, the Fourteenth Amendment – which was intended to assure Constitutional protection for freed slaves – was interpreted to extend a wide array of rights to corporations. It is perhaps not coincidental that several leading jurists of the day (and the leading municipal law scholar) were former railroad corporation lawyers.2 Powerful railroads and weak cities lead to widespread legislative corruption. In an attempt to control cutthroat and monopolistic railroad business practices, Colorado established a Railroad Commissioner in 1885. The legislature promptly failed to fund the office, and it was abolished in 1893. A three member Railroad Commission (the precursor to today’s Public Utilities Commission) was established in 1907, but didn’t begin its work until 1910 as a result of extensive railroad litigation.3 Finally, in 1904, Colorado dramatically changed the balance of power between cities and the state by giving the City of Denver “home rule” authority. Home rule powers are developed by and founded upon the will of municipal voters. The voters organize their municipal corporation around a “charter” which describes and limits the powers of the city government. Rather than being a “creature” of the state, a home rule city’s power over “local affairs” is paramount to state law. Boulder adopted its first charter in 1917. Today, Colorado home rule cities remain vigilant to protect home rule power from intrusion by the state legislature. Areas such as zoning, control of streets and wildlife, and public finance face regular 1 J. Allen Smith, LL.B., Ph.D., The Spirit of American Government, p.289 (1911); The Chautauqua Press, Chautauqua, New York. 2 In 1868, Iowa Supreme Court Justice (and former railroad lawyer) John F. Dillon authored “Dillon’s Rule.” This rule held that cities have only those powers expressly granted by the state or necessarily implied as essential to the purposes declared by the state. 3 The CoPUC website has a nicely done history at http://www.dora.state.co.us/puc/about/AboutHistory.htm Page 35 of 41 challenges from interest groups which would prefer to have uniform state control. Home rule power must also be protected for the people who have vested local control in Boulder’s city government. Many of the laws discussed below are aimed at maintaining the open and ethical foundation of Boulder’s home rule powers. 2. Voting Rules for Boards and Commissions. Boulder’s general rules concerning boards and commissions are in Chapter 2-3 of the Boulder Revised Code 4. The first important rule is that three affirmative votes are required for any action of a board or commission of five members. There a few major exceptions: Four affirmative votes are required for any action of the Planning Board and for any action of the Parks and Recreation Advisory Board to dispose of park land or to appropriate funds from the Permanent Parks and Recreation Fund. If members are absent, it may be necessary to re-hear a matter so that it is possible for the entire board or commission to vote. This makes it particularly critical that board and commission members attend every meeting if possible, in order to give applicants a fair opportunity for a timely decision. Board members and commissioners are not permitted to abstain from voting. An “abstention” is a refusal to vote, despite being present and qualified to do so. Section 2-3-1(f), B.R.C. 1981 states that if a member is present but refuses to vote, the member’s vote: “Shall be recorded in the affirmative.” The only exceptions are approval of minutes of a meeting that the member did not attend or if the member was excused under Chapter 2-7-2 “Conflicts of Interest Prohibited,” B.R.C.1981, or on consideration of such member’s conduct in the business of the board or commission. The general provisions of the code, reflecting Section 130 of the Charter, provide for election of officers of each board and commission by the board or commission, minutes and summaries, taping of meetings, application of Robert’s Rules of Order, Newly Revised (1990), unless the board or commission adopts other rules of the procedure. 4 We cite references to the Boulder Revised Code as “B.R.C. 1981” which signifies that last major revision and reorganization of the code back in 1981. A searchable version of the code is available online at http://www.bouldercolorado.gov/index.php?option=com_content&task=view&id=3 30&Itemid=204 Page 36 of 41 3. Boulder’s Conflict of Interest Law. Conflicts of interest are prohibited in Chapter 2-7-2 B.R.C. 1981.5 Basically, the code requires public officials and employees not to participate in any decision which could affect them or a member of their immediate family financially. The law works by defining city “transactions” in which an official or employee might have a “substantial interest.” A “substantial interest” means: “. . . a situation, including, without limitation, a financial stake in the outcome of a decision in which, considering all of the circumstances, would tend to influence the decision of a reasonable person faced with making the same decision.” Section 2-7-15, B.R.C. 1981. Although the rule creates an objective standard (“reasonable person”), there is no set dollar amount that determines when a conflict arises. Thus, in interpreting the law the City Attorney’s Office evaluates all of the facts and circumstances surrounding the decision. Legal advice is only binding with respect to the facts upon which it is based. This means that board members or commissioners are required to disclose personal financial information when a conflict issue arises. This can include sources of income, investments, real estate interests, debts, and loans. While this kind of disclosure is admittedly intrusive, it is necessary for legal advice and required by the municipal code. When a conflict exists, the board or commission member must “disclose and recuse.” This is the process of publicly declaring the nature of the conflict and refraining from voting or otherwise participating in the decision making process in any manner. The process of public disclosure may be uncomfortable for some people, but it is required because it provides explicit reassurance to the community that corrupting influences are not at work. The actual code describes the “disclose and recuse” rules as follows: “a) Disclosure and Recusal: No person with a conflict of interest . . . shall fail to give written notice of the interest described in such subsection to the city council or the city board, commission, task force or similar body of which the person is a member and the city manager as soon as reasonably 5 The city is exempt from the requirements of the recently-approved initiative known as “Amendment 41,” which would be codified in a new Article XXIX of the Colorado Constitution. Section 7 of Amendment 41 states: “The requirements of this article shall not apply to home rule counties or home rule municipalities that have adopted charters, ordinances, or resolutions that address the matters covered by this article.” Page 37 of 41 possible after the interest has arisen. However, no written notice is required if such person discloses the conflict of interest on the record of a public meeting of the city council or the city board, commission, task force or similar body of which the person is a member. The interested councilmember, employee, or appointee shall thereafter: (1) Refrain from voting upon or otherwise acting in an official capacity in such transaction; (2) Physically absent himself or herself from the room in which a matter related to such transaction is being considered; and (3) Not discuss any matter related to such transaction with any other member of the council, board, commission, task force, or similar body of which the person is a member.” Section 2-7- 10(a), B.R.C. 1981. If a board or commission member is unsure about whether or not a conflict of interest exists, the board or commission member is entitled to consult with a member of the City Attorney’s Office and to request an advisory opinion on the conflict of interest rules to a particular situation. Section 2-7-13, B.R.C. 1981. Complying with the City Attorney’s advice provides a defense from prosecution for violation of the code. Section 2-7-12(f), B.R.C. 1981. The city’s conflict of interest law also provides non-binding ethical guidelines to address the appearance of impropriety that could arise in some situations. While violation of these rules is not a crime, the public’s trust can be undermined if these principals are not upheld. Specifically, the code calls for voluntary recusal in the following situations: “(1) If the person is an employee of a state or federal government entity with a substantial interest in any transaction with the city; (2) If the person has a close friend with a substantial interest in any transaction with the city, and the councilmember, appointee, or employee believes that the friendship would prevent such person from acting impartially with regard to the particular transaction; (3) If the person has an interest in any transaction with the city that is personal or private in nature that would cause a reasonable person in the community to question the objectivity of the city councilmember, employee, or appointee to a city board, or commission; (4) If the person is called upon to act in a quasi-judicial capacity in a decision regarding any of the situations described in paragraphs (c)(1), (c)(2), and (c)(3) of this section; or Page 38 of 41 (5) If the person owns or leases real property within six hundred linear feet from a parcel of property that is the subject of a transaction with the city upon which he or she must make a decision, and is not required to receive official notice of a quasi-judicial action of the city.” Section 2-7-9, B.R.C. 1981. 4. Sunshine Laws: Open Meetings and Open Records. Sunshine laws are the tools by which a skeptical public retains control of the government it has created.6 These laws are monikered “sunshine” because they were designed to let the sun shine into the legendary smoke-filled back rooms of government decision-making. In this context, we use the intentionally provocative term secret to make clear how the press and public view government actions that take place in private settings. Secret government decision-making is problematic for many reasons, most of which are well beyond the scope of this report. Public decisions help make sure that the voters have a clear and accurate view of the actions and values of their local elected and appointed officials. The voters cannot be expected to make wise decisions on Election Day if they cannot fully evaluate the skills and values of their elected representatives. Thus, secret decisions fundamentally undermine the democratic process. These laws also protect the public’s ability to participate meaningfully in government decision making. Sunshine laws fall into two major categories: Open meetings, and open records (or “Freedom of Information”). Boulder is highly unusual in that the charter has been interpreted to forbid any closed or executive session of the Council, or any board or commission. This demonstrates the paramount importance of open government in Boulder. Notice of Meetings is Required Section 2-3-1(b)(5), B.R.C. 1981 requires each board or commission to: “Hold all meetings open to the public, after notice of the date, time, place, and subject matter of the meeting, and provide an opportunity for public comment at the meeting.” This requires at a minimum that boards and commissions provide twenty-four hour specific notice of each meeting by posting a copy of the meeting agenda in the 6 While the rules discussed in this report are designed to protect the public’s ability to trust local government, it is important to recognize that skepticism about government is not necessarily an indicator of failure. Indeed, skepticism should be respected as it is a measure of the public’s engagement in their civic affairs. As public officials, we answer skepticism by openness, honesty, hard work, and demonstrated competence. Public trust is earned by daily dedication to these core values. Page 39 of 41 lobby of the Municipal Building and electronically. Agendas for regular board and commission meeting are published in the Daily Camera as well. Avoid Private Discussions and Casual Meetings The state open meetings laws, as well as our consistent interpretation of Section 2-3-1, B.R.C. 1981, require that if three or more members of a board or commission meet at any time and discuss public business, notice must be given of such meeting, and the meeting must be open to the public. If a chance meeting occurs, such as at a social event, the members of the board or commission must not discuss public business. One-on-one communication about public business between members of a board or commission is permitted. It is important to recognize that a meeting of three or more members may not necessarily have to happen in the same time and place. In other words, a face-to-face meeting is only one way for potentially unlawful action to occur. “Serial” meetings in which decisions are made as one official garners support and commitment for certain actions from several of his or her colleagues, one-by-one, are problematic as well. State law specifies that three or more elected officials communicating by e-mail constitutes a public meeting, and all such communications are to be copied to the Hotline e-mail address. While not explicitly required by the state law, we advise similar caution for boards and commissions because a court could find such an electronic communication to constitute an illegal meeting. Use of one-on-one telephone or fax communications is a better idea, since the risk of forwarding is much less, and thus the risk of an illegal meeting can be more easily avoided. 5. Special Constitutional Rules for Quasi-Judicial Hearings. The Constitution requires certain city decision-making processes to follow court-like procedures. These procedures assure a fair and thoughtful decision that protects the individual rights involved. The procedures also assure that affected persons have notice of the potential action and an opportunity to be heard before the decision is made. These are called “quasi-judicial” hearings. A quasi-judicial hearing calls for a determination of facts based upon evidence presented during a hearing. Chapter 1-3, “Quasi- Judicial Hearings,” B.R.C. 1981, specifies all of the details of handling procedural and evidentiary issues at such hearings. Special notice requirements apply, and particular notice requirements are imposed for certain matters, such as land use and liquor license proceedings. Quasi- judicial hearings may give rise to an appeal to district court. Page 40 of 41 Board members and commissioners should be aware that the city’s quasi-judicial procedures include the following requirements:  Specific, mandatory rules for advance notice by mail or publication;  Testimony must be taken under oath or by affirmation;  Oral and documentary evidence are allowed;  Cross-examination is allowed if requested;  Some evidentiary rules (although less stringent than those used in court); and  Written findings of fact and conclusions of law. No Ex Parte Contacts A fair hearing requires the decision to be made upon the basis of evidence that all have heard, and all have had a chance to challenge. This means that the substance of all material contacts (conversations, site visits, etc.) outside of the hearing, dealing with the subject matter of the decision, must be disclosed on the hearing record, and that an opportunity be given for comment at the hearing if the material is to be considered in any way by the board or commission. The City Attorney’s Office recommends that board and commission members avoid all such ex parte discussions outside of the hearing in order to avoid problems of disclosure under Section 1-3-6 (“Ex Parte Contacts,”) B.R.C. 1981. In the alternative, whenever an ex parte contact cannot be avoided, we recommend that careful notes be kept of any communications so that they can be disclosed in detail. We also advise that such disclosure be made whether or not the board or commission member intends to actually rely upon the communication, so that no allegation to the contrary can ever be made. Board and commission members should also avoid site visits guided by an applicant or other interested party whenever possible, to avoid any chance of improper influence on a decision. The easiest way to disclose information is to compare what was said to the written agenda materials and then to disclose anything that was said that is not contained in the agenda materials. 6. Rules on Removal from Board or Commission Positions. The Charter provisions concerning boards and commissions generally are contained in Section 130, “General Provisions Concerning Advisory Commissions.” Section 130 provides that: “The Council shall have the power to remove any commissioner for non-attendance to duties or for cause.” “Non-attendance to duties” clearly includes unexcused meeting absences, and can include other kinds of failures to attend to duties. The Council has relatively broad authority to address inappropriate conduct by board members and commissioners. Page 41 of 41 The Charter contains more specific provisions dealing with specific boards. The provisions concerning the Planning Board, contained in Section 74, are slightly more detailed with regard to removal by the council for cause: “The Council shall remove any appointed member who displays lack of interest, or fails, upon due notice, and continuously for three months, to attend meetings of the board without formal leave of absence.” The provisions for the Parks and Recreation Advisory Board contained in Section 158 are similar: “The Council may remove any board member who displays lack of interest or who fails to attend board meetings for three consecutive months without formal leave of absence.” Finally, the provisions concerning the Open Space Board of Trustees are quite general. Section 173 provides only that: “Five members of the Council may remove any board member for cause.” Council has codified the absence rule at Section 2-3-1, B.R.C. 1981: Failure to attend three consecutive regularly scheduled meetings without a leave approved by a majority of the board is grounds for Council to remove a member. To summarize, any unexcused period of absence in excess of three regularly scheduled meetings can result in termination of membership on a board or commission. However, the Council retains the power to remove a board or commission member for absences of a shorter period and for causes other than absence from board or commission meetings. ◊◊◊◊◊ 1 PROCEDURAL RULES OF THE PARKS AND RECREATION ADVISORY BOARD OF THE CITY OF BOULDER, COLORADO Adopted on April 8, 1996 (amended July 2000) Pursuant to the provision of Section 159 of the Charter of the City of Boulder and Section 2-3-1, B.R.C. 1981, the Parks and Recreation Advisory Board of the City of Boulder adopts the following rules governing the general conduct of its business. In handling routine business the Board may, by general consent, use more informal procedure than that set forth in these rules. Any rule may be suspended at any time by an affirmative vote of four members of the Board taken at a meeting open to the public. I. SCOPE OF RULES A. PROCEDURES GOVERNED. These rules govern the procedures of the Parks and Recreation Advisory Board of the City of Boulder, Colorado, with respect to all matters entrusted to the Board by the City Charter, the City Council, or by ordinance or resolution of the City of Boulder. These matters include, but are not limited to, recommendations to City Council concerning disposal of park land, expenditures or appropriations from the Permanent Parks and Recreation Fund, grant or denial of any license or permit in or on park lands, protection and maintenance of park lands, the parks and recreation proposed budget, and any additional parks and recreation matters upon which our Board=s advice or approval is requested. Sec. 162 and 163 of the Charter of the City of Boulder address more specifically the binding nature of the Parks and Recreation Advisory Board’s recommendation regarding disposal and acquisition of park properties. B.EFFECTIVE DATE. These rules shall take effect on July 24, 2000, and thereafter Attachment B 2 all prior rules or regulations of the Board in conflict therewith shall be repealed and of no further force or effect. A copy of these rules shall be placed on file in the central file of the City and shall be available to the public. 3 II. OFFICERS OF THE BOARD A. OFFICERS. The Board shall select a Chair and a Vice Chair from among its members to serve for one year. The Director or the Director’s designee shall be Secretary to the Board. B. DUTIES OF THE CHAIR. The Chair is responsible for conducting the Board’s meetings in an orderly and fair manner and assuring that minority opinion may be expressed and that the majority is allowed to rule. The Chair shall decide all points of order or issues of procedure unless otherwise directed by a majority of the Board in session at that time. The Chair shall determine items to be placed on the agenda of any regular meeting after consultation with the Director. C. DUTIES OF THE VICE CHAIR. The Vice Chair shall preside in the absence of the Chair and shall assume all the duties of the Chair. In the event that both the Chair and the Vice Chair are absent at a meeting, an acting Chair shall be selected by a majority vote of those members present at the meeting. D. DUTIES OF THE PARKS AND RECREATION DIRECTOR. The Parks and Recreation Director or designee shall serve as Secretary to the Board and shall be the regular technical advisor of the Board and shall present all agenda items to the Board, and shall generally supervise the clerical work of the Board. The Secretary shall prepare the Agenda, keep or cause to be kept a full and true record of all meetings of the Board; shall be the custodian of all documents and written materials belonging to the Board, and shall issue notices of meetings and calls for special meetings as previously provided. E. NOMINATIONS AND ELECTIONS. Nominations for Chair and Vice Chair are made each year at the first meeting following City Council appointments to the Board. The Chair will be elected prior to nominations for Vice Chair. Nominations are made orally. No second is required, but the consent of the nominee shall have been obtained in advance. Any person so nominated may withdraw his or her name from nomination. Silence by a nominee shall be interpreted as acceptance of candidacy. A motion shall be made and seconded to 4 close the nominations and acted upon as any motion. The voting is accomplished by the raising of hands unless there is only one nomination and a unanimous vote for the candidate. The names shall be called in alphabetical order or reverse alphabetical order depending upon a flip of a coin by the Secretary, who shall thereafter alternate the order for all further election ballots during the same meeting. The first candidate for each position receiving four or more votes is elected. In case a vacancy shall occur in any of the offices, an election to fill the vacancy may be held at the next regular meeting. CONDUCT OF BOARD MEETINGS MEETINGS A. REGULAR MEETING. The regular meeting shall be held monthly, generally the fourth Monday of the month, in Council Chambers. Additional meetings to be scheduled are board tours, study sessions and subcommittee meetings. Any meeting involving three or more board members must be publicized in advance. B. SPECIAL MEETINGS. Special meetings may be called at any time by three members of the Board. This is done by submitting a written request to the Director stating the reason for the special meeting at least 48 hours in advance of the proposed meeting. The Director will notify the Board members, giving them the 24-hour notice required in the Charter and will provide as much public notice as practicable under the circumstances. C. QUORUM. A quorum shall be four members of the Board. AGENDA The printed agenda is distributed to Board members no later than four days preceding the Board meetings, whether regular, special or continued meetings. Notice shall be given of all agenda items by publication of the title or a general description thereof in the Boulder Daily Camera on 5 the weekend preceding the Board meeting. Notice shall not be necessary when items are adopted by emergency. A majority of the Board present at a meeting by motion and vote may determine that an item qualifies as an emergency. Items for the Board agenda may be submitted by Board members, City Council members, the City Manager’s office, department heads of the City and by citizens. Items to be considered must be submitted in writing to the office of the Director by noon Monday no later than two weeks prior to the regular meeting. The Chair shall determine the items to be placed on the Agenda of any regular meeting after consultation with the Director. The Agendas of special meetings shall be set by those members of the Board calling the meeting. Additionally, by concurrence of four or more members of the Board, the Board may direct preparation of a matter for the Agenda or may request staff to expend substantial time on any matter. The Chair sets the order of the Agenda, which shall generally be as follows: I. APPROVAL OF THE AGENDA (6 p.m.). Items will generally not be added but may be added or deleted with the consent of the Chair II. APPROVAL OF MINUTES Minutes of the previous meeting must either be read and approved or approved as made available beforehand. Opportunity must be given in either case to correct the minutes before approval, and the approval is then as corrected. III. CITIZEN PARTICIPATION The Board’s goal is to start Citizen Participation at 6:05 p.m. sharp. In any event Citizen Participation will not be closed prior to 6:15 p.m. This portion of the meeting is provided for citizens to communicate ideas or concerns to the Board regarding parks and recreation issues which are not related to Items for Action. IV. ITEMS FROM THE DIRECTOR V. ITEMS FROM THE BOARD VI. ITEMS FOR ACTION VII. RECESS At any time during the Agenda, the Chair may declare a recess until a specified time. VIII. ITEMS FOR DISCUSSION/INFORMATION No final decision may be made under this item, or under A or B below until after an allowance for citizen participation is made. Proposed decisions are announced by the Chair prior to opening Citizen Participation to allow for public testimony, board questions, staff response, board motion, consideration and debate and an informed final decision. 6 IX. UPCOMING BOARD MEETINGS AND DATES X. NEXT BOARD MEETING XI. ADJOURNMENT The Board’s goal is that all meetings be adjourned by 8:30 p.m. An agenda check will be conducted at or about 8 p.m., and generally, absent a deadline which the Board cannot affect, no new substantial item will be addressed after 8:30 p.m. III. RULES OF SPEAKING A. To obtain the floor, a Board member or staff member shall address the Chair. B. To assign the floor, the Chair recognizes by calling out the person’s name. Only one person may have the floor at a time. A person shall not speak while another has the floor. The Chair generally next recognizes the person who first asks for the floor after it has been relinquished. C. During citizen participation or public hearings, members of the public are recognized by the Chair. No person shall make a presentation (not including Board questions) of more than three minutes, unless given permission by the Chair before beginning to speak. D. Each speaker is requested to direct remarks to the Board action which is being requested. The Chair shall have the authority to interrupt any speaker digressing from the subject and may ask that points already presented not be repeated. IV. PROCEDURE IN HANDLING MOTIONS A. A Board member, after obtaining the floor, makes a motion. (If long or involved, it should be in writing). The Board member may state reasons briefly before making the motion; but may argue the motion only after it has been seconded; and having spoken once may not speak again until everyone who wishes to be heard has had the opportunity to speak, except to answer questions asked by other Board members. Having made a motion, a Board member may neither speak against it nor vote against it. B. Another Board member seconds the motion. All motions require a second, to 7 indicate ", “I am opposed to the motion because..”, etc. Remarks should be addressed to the Chair. C. The Chair restates the motion and puts the question. Negative as well as affirmative votes are taken. 1. If the Chair is in doubt of the result of a voice vote, the Chair may call for raising of hands or a roll call vote. 2. If any Board member is in doubt of the result of a voice vote, the Board member may obtain a vote by raising of hands or by roll call by calling for it (without need to be recognized by the Chair). 3. In case of a tie vote, the motion is lost. D. The Chair announces the result. The motion is not completed until the result is announced. V. VOTING Voting ultimately decides all questions. A roll call vote is required for any matter relating to the acquisition or disposal of land and the adoption of the Capital Improvements Program budget. For other items, the Board may use any one of the following ways of voting: A. Voice Vote. All in favor say “aye”, and all opposed say “no”. The Chair rules on whether the “ayes” or the “nos” predominate, and the question is so decided. B. Raising of Hands. All in favor raise their hands, and then all opposed raise their hands. The Chair decides which predominates and notes dissents for the record. C. Roll Call. The Secretary calls the roll of the Board members, and each member present votes “aye” and “no” as each name is called. The roll is called in alphabetical order, with the following special provision: on the first roll call vote for the meeting, the Secretary shall begin with the first name on the list; on the second vote, the Secretary shall begin with the second and end with the first; and so on, continuing thus to rotate the order. This rotation shall continue from 8 meeting to meeting. VI. STUDY SESSIONS Materials for study sessions generally will be made available to the Board and the public at least ten days before the date of the study session. Notice will be given as for other Board meetings. Written comments received by staff prior to study sessions will be forwarded to all Board members at the study session. Testimony of persons other than staff is not permitted at study sessions unless a majority of members present vote to suspend this rule. The Board shall give direction to staff at study sessions for the presentation of action items at future regular Board meetings. In regard to public notice and minutes of the study session, they shall be handled in the same manner as regular meetings. VII. PARLIAMENTARY PROCEDURE Except as otherwise provided herein, all matters of procedure are governed by Robert’s Rules of Order Newly Revised (1981). Ali Rhodes/Deputy Director October 22, 2018 –PRAB Retreat PRAB Meeting Procedures and Expectations October 22 Attachment C •Purpose: To familiarize the Bard with the types of items that appear on the PRAB agenda and the expectations associated with those items •Key Takeaways: •Chair/Vice-Chair manages meeting/questions/commen ts •Staff is present in a support and resource role Overview of a PRAB Meeting Ali Rhodes/Deputy Director October 22, 2018 –PRAB Retreat Agenda Item 1 and 2: Call to Order, Approval of the Agenda, Approval of the Minutes, Future Board Items and Tours •Purpose: To officially begin the meeting, review the agenda and make any necessary changes to accommodate guests or meeting flow; review significant upcoming meetings, items or tours •Key Takeaways: –Housekeeping items addressed –Approval of minutes requires formal motion second and vote (see handbook page 6) –~ 5 mins Ali Rhodes/Deputy Director October 22, 2018 –PRAB Retreat Agenda Item 3: Public Participation •Purpose: To provide an opportunity for the public to comment on agenda items not being addressed as public hearing items later in the agenda •Key Takeaways: –Allow first amendment rights of all speakers –Limit conversation to 3 minutes per speaker/or five minutes for pooled minutes for 2 speakers –Speakers may provide handouts –PRAB is not required to address speakers but may ask follow-up questions of speakers and staff –“Blurb” on the agenda is read by Chair to clarify expectations –~ 30 minutes Ali Rhodes/Deputy Director October 22, 2018 –PRAB Retreat Agenda Item 4: Consent Agenda •Purpose:To review and approve the minutes from the previous PRAB meeting; and provide the Board a written update on department projects and initiatives •Key Takeaways: –Items are present “on consent” without verbal presentation to Board –Approval of the minutes requires motion to approve, second and vote –Ability of Board to ask clarifying questions of staff –Board members can request that item be “called up” and addressed in more detail –~ 5-7 minutes Ali Rhodes/Deputy Director October 22, 2018 –PRAB Retreat Agenda Item 5: Action Items •Purpose: To formally consider items that require the PRAB’s action, per charter requirements •Key Takeaways: –Most formal of PRAB processes –Staff presentation –Board asks clarifying questions –Public hearing requirement –Motion, second (refer to handbook page 6) –Board discussion –Vote (refer to handbook page 7) –~ 15 to 35 mins Ali Rhodes/Deputy Director October 22, 2018 –PRAB Retreat Agenda Item 6: Discussion/Information Items •Purpose: To address substantive items being brought to the Board; Before items are brought to the Board for action they are reviewed as discussion/information items •Key Takeaways: –Most substantive part of the Board agenda –Accompanied by detailed written material in Board packet –Detailed presentation by department or city staff –All presentations must follow PRAB presentation guidelines –Question and comment period –Next steps discussed –~ 1 hour Ali Rhodes/Deputy Director October 22, 2018 –PRAB Retreat Agenda Item 7: Matters from the Department •Purpose: To address items of importance or interest to the Board that are less detailed in scope than discussion/information items but more detailed than consent items •Key Takeaways: –Materials presented in PRAB packet –Brief staff presentation or overview of material –Question and comment period –~ 1 hour Ali Rhodes/Deputy Director October 22, 2018 –PRAB Retreat Agenda Item 8: Matters from the Board •Purpose: To provide the Board an opportunity to address Board business; provide updates on Board work plan; and review community engagement opportunities •Key Takeaways: –Board initiated discussion –Limited written materials provided –Opportunity for Board members to bring up items –Provide Board updates on liaison or other work –~ 5 to 15 minutes Ali Rhodes/Deputy Director October 22, 2018 –PRAB Retreat Agenda Item 9 and 10: Next Board Meeting and Adjourn •Purpose: To review dates for upcoming meetings; and close the business meeting •Key Takeaways: –Updates need no action –Directing staff to do new work may require a nod of 3 or 5, depending on level of work –~ 5 mins Ali Rhodes/Deputy Director October 22, 2018 –PRAB Retreat 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 STAFF PRESENTATIONS TO THE CITY OF BOULDER’S PARKS AND RECREATION ADVISORY BOARD Thank you for your interest in speaking to the City of Boulder’s Parks and Recreation Advisory Board (PRAB). As Advisory Board members, we welcome the opportunity to hear from city staff regarding matters from other departments that impact Boulder’s parks and recreational system and services (including the city’s tree canopy) or relate to the health and well-being of the community. The following guidance is intended to ensure we make the best use of the time available. When preparing to make a presentation to the PRAB, we ask the following: Submit materials in advance. Submit materials to be included in the PRAB packet no later than 5 pm on the Monday of the week prior to the date of the meeting. For more information about packet deadlines, please contact Sarah DeSouza at desouzas@bouldercolorado.gov. Cover Page. Please include a single cover page identifying in summary fashion: •Nature of the Presentation. Whether you have specific questions for the PRAB or whether this is a courtesy/informational visit. It would also be helpful to know what other Boards and Commissions are being solicited for input. •Impact. The Parks and Recreation facilities, services, or programs (including the city’s tree canopy) that are impacted by your matter and the nature of that impact. •Key Themes. Identify which, if any, of the Parks and Recreation Department’s key themes are relevant to your matter: Community Health and Wellness, Taking Care of What We Have; Financial Sustainability; Building Community and Relationships; Youth Engagement and Activity; and Organizational Readiness. Please consult a Parks and Recreation staff member if you are unsure of what these mean. •Questions for PRAB (if applicable). •Timeframe. What are the next steps in the matter and by when do you need input or a decision from the PRAB (if applicable). Spoken Presentation. Please limit your spoken presentation to 10 minutes. Please assume we have read the materials provided and focus the presentation on the portions that are relevant to the PRAB. If there are various options under consideration, please identify the trade-offs as they relate to parks and recreation facilities, services or programs. Brief introductory remarks will enable more time for questions and discussion. The Parks & Recreation Advisory Board members look forward to meeting with you. Attachment D 3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200 K:\CCAD\Orientation Memo for New Members.MCI.doc 1 C I T Y O F B O U L D E R, C O L O R A D O Office of the City Attorney Municipal Building 1777 Broadway Post Office Box 791 Boulder, Colorado 80306 Telephone (303) 441-3020 Facsimile (303) 441-3859 MEMORANDUM FROM: Tom Carr, City Attorney TO: Board and Commission Members DATE: April 12, 2018 SUBJECT: Public Meetings; Open Records; Boulder’s Code of Conduct Introduction The City of Boulder relies heavily upon the members of the community who volunteer to work on its boards and commissions. Those who devote their time to service on these bodies are much appreciated. However, even though board and commission members are volunteers, they are also appointed city officials. As a result, a number of state and local laws apply to them and violation of those laws can have serious consequences. This memorandum attempts to summarize important provisions of those laws. Role of Boards and Commissions Boards and Commissions serve an important role advising the City Council. It is important to remember that the council is charged with making policy. The role of Boards and Commissions is to provide expertise and background on areas with their scope of responsibility. Council members pay close attention to the views expressed by the various Boards and Commissions. It is the City Council, however, that makes policy. Boards and Commissions are not expected to initiate policy changes, but to advise the City Council. Some Boards and Commissions have additional responsibilities beyond the advisory role that are described in City Charter and the Boulder Revised Code. They include delegated decision-making authority over specific governmental decisions. Open Meetings Law The Open Meetings Law requires that all meetings of public bodies be open to the public. “Meetings” are defined to include “any kind of gathering convened to discuss public business, in person, by telephone, electronically, or by other means of communication.” § 24-6-402(1)(b), C.R.S. Attachment E Members of City Boards and Commissions Page 2 April 12, 2018 Re: Public Meetings; Open Records; Boulder’s Code of Conduct 2 Whenever three or more members (or a quorum of the members, if fewer than three) of the “local public body” get together and public business is discussed or formal action may be taken, the gathering is a “meeting” and open to the public. • Notice for Public Meetings Members of the public cannot exercise their right to attend open meetings unless they know that meetings will occur. Therefore, the Open Meetings Law requires that the public must receive “full and timely notice” of any upcoming meeting. The statute prescribes the notice requirement as follows: Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public.… The statute does not explicitly limit the kind of notice that is legally sufficient. However, it approves the practice of posting notice in a designated public place at least twenty- four hours before the meeting. In practice, the city usually publishes meeting dates in the local newspaper. • Public Meetings and Electronic Mail Sometimes an exchange of email messages can violate the Open Meetings Law. That is because if board or commission members engage in an electronic email discussion, a court may rule that they have engaged in a non-noticed public meeting. Usually, no open meetings problem exists if only two board or commission members communicate by email. Under state law, a meeting occurs when more than two members of a public body discuss the public’s business. However, email presents dangers even when a board or commission member intends an email message to be received by only one other board or commission member. Because it is so easy to forward electronic mail, or copy and paste it into a new message, an email author can never be certain that the circulation of his or her message will stop with the original addressee. The easiest way to deal with this issue is to do business at regularly scheduled and noticed traditional public meetings. Electronic communications are convenient, but without advance planning and a great deal of care, they may run up against the legislative prohibition on the formulating of public policy in private. When a member of a board or commission desires to communicate by email with another board or commission member, a practical step might be to prominently post within the Members of City Boards and Commissions Page 3 April 12, 2018 Re: Public Meetings; Open Records; Boulder’s Code of Conduct 3 communication a request that it not be forwarded to any other person. That may help insulate the sender from any alleged violation of the Open Meetings Law. However, it is doubtful that such a technique would have any impact upon the issue of whether the message would be subject to disclosure pursuant to the Open Records Act, which is briefly described in the next section. Colorado Open Records Act The Colorado Open Records Act requires that most documents generated during the course of the governmental process be made available for public inspection upon request. The state statute defines “public records” very broadly. They include “all writings made, maintained, or kept” by agencies of government – including city government. Electronic files (including email) are specifically included as “documents” under the law. As a result, almost all messages and documents created by officials during the course of government process are considered public documents. In fact, there is a specific provision in state law which mandates that if officials use electronic mail to discuss pending legislation or other public business among themselves, the electronic mail is subject to the law. § 24-6- 402(2)(d)(III), C.R.S On the other hand, not every email produced by a board or commission member is a public document. Private messages that are not related to municipal business are not covered by the disclosure law. Also, some documents may be confidential by virtue of legal privileges. For example, some communications with the City Attorney’s Office might be covered by the attorney/client privilege. • Open Records and Home Computers Under some circumstances, email exchanged between board or commission members over private email networks may also be subject to disclosure pursuant to the Open Records Act. If municipal officials exchange email messages from their home computers that discuss official city business or that are intended to influence the work of the board or commission, there is a good chance that those messages will be covered by the law. That means that if a member of the public requests them, the messages may have to be disclosed. If this kind of situation was presented to a court for resolution, the ultimate decision would probably turn on the nature and purpose of the messages rather than upon which computer system was used to produce or receive the messages. Code of Conduct City staff and members of the city’s many boards and commissions are governed by the provisions of the city’s Code of Conduct. Those provisions are found in Chapter 2-7, sections 2- 7-1 through 2-7-15 of the Boulder Revised Code (B.R.C.). In 2014, Council made significant Members of City Boards and Commissions Page 4 April 12, 2018 Re: Public Meetings; Open Records; Boulder’s Code of Conduct 4 changes to the Code of Conduct. Council’s goal was to make the code more accessible and easier to understand. The purpose of this part of the code is to protect the integrity of city government. The idea is to prohibit public officials from acting on matters in which they have conflicts of interest and to establish guidelines that encourage them to avoid any appearance of impropriety. The Code of Conduct promotes trust in government. This memorandum summarizes important provisions of the Code of Conduct. However, board and commission members should read the entire Code of Conduct chapter. Obviously, if there is any inconsistency between this memorandum and the actual Code of Conduct language, the Code of Conduct language controls. • Prohibited Acts The code provides criminal sanctions for three violations. These are accepting bribes, profiteering, or using confidential information. These prohibitions appear in section 2-7-2. • Expectations The code of conduct establishes ten expectations for city officials and employees. These expectations can be found in section 2-7-8. These expectations are broken into ten affirmative requirements and eighteen prohibitions. Section 2-7-8(e) requires officials and employees to behave as follows: (1) Strive at all times to serve the best interests of the city regardless of his or her personal interest. (2) Perform duties with honesty, care, diligence, professionalism, impartiality and integrity. (3) Strive for the highest ethical standards to sustain the trust and confidence of the public they serve, not just the minimum required to meet legal or procedural requirements. (4) Use sound judgment to make the best possible decisions for the city, taking into consideration all available information, circumstances and resources. (5) Act within the boundaries of his or her authority as defined by the city charter and code. (6) Treat colleagues and members of the public professionally and with courtesy. Members of City Boards and Commissions Page 5 April 12, 2018 Re: Public Meetings; Open Records; Boulder’s Code of Conduct 5 (7) Disclose personal or professional relationships with any company or individual who has or is seeking to have a business relationship with the city, if the official or employee has any authority to exercise discretion over the business relationship. (8) Disclose any benefit he or she will receive from any matter requiring the exercise of discretion by the officer or employee. (9) Use city resources, facilities and equipment only for city purposes, except for reasonable incidental personal use that does not interfere with city business. (10) Disclose waste, fraud, abuse and corruption to appropriate authorities. As you can see, council has incorporated some of the general concepts from the conflict of interest rules into the expectations section. That is, there is now an expectation that the official or employee will disclose relationships or benefits arising from a transaction. Section 2- 7-8(f) prohibits officials or employees from doing any of the following: (1) Advocate or support any action or activity that violates a law or regulatory requirement. (2) Use his or her position or decision-making authority for his or her benefit. (3) Expend city funds for his or her personal use or benefit. (4) Misrepresent known facts in any issue involving city business. (5) Exercise authority or discretion in any matter in which he or she will benefit as a result of that exercise of authority or discretion. (6) Use city resources, facilities or equipment for personal profit, for outside business interests or to access any inappropriate material, except if viewing such material is a necessary and proper part of their duties. (7) Participate in any decision to appoint, hire, promote, discipline or discharge a relative for any position with the city. (8) Supervise a relative in the performance of the relative's official powers or duties. (9) Compel or induce a subordinate municipal officer or employee to make, or promise to make, any political contribution, whether by gift of money, service or other thing of value. Members of City Boards and Commissions Page 6 April 12, 2018 Re: Public Meetings; Open Records; Boulder’s Code of Conduct 6 (10) Act or decline to act in relation to appointing, hiring or promoting, discharging, disciplining, or in any manner changing the official rank, status or compensation of any employee, or an applicant for a position, including appointment to a board or commission, on the basis of the giving or withholding or neglecting to make any contribution of money or service or any other valuable thing for any political purpose. (11) Solicit or accept anything of value from anyone doing business with the city. (12) Solicit or accept employment from anyone doing business with the city, unless the official or employee completely withdraws from city activity regarding the party offering employment. (13) Use his or her public position to obtain a benefit for the official or employee, a family member, or anyone with whom the official or employee has a business or employment relationship. (14) Vote, authorize, recommend, or in any other way use his or her position to secure approval of a contract (including employment or personal services) in which the official or employee, a family member, or anyone with whom the official or employee has a business or employment relationship, has an interest. (15) Use, or authorize the use of, his or her title, the name "City of Boulder," or the city's logo in a manner that suggests impropriety, favoritism, or bias by the city or the official or employee. (16) Use, or authorize the use of, his or her title, the name "City of Boulder," or the city's logo in a manner that suggests or implies that the city supports or opposes a candidate or ballot measure, except that public officials may identify themselves and their position as public officials supporting or opposing candidates or ballot measures. (17) Use, or authorize the use of, his or her title, the name "City of Boulder," or the city's logo in for personal profit or advantage. (18) Use city resources, facilities or equipment to support or oppose any political candidate or ballot measure. It is important to note that the code formerly prohibited board and commission members from identifying themselves as such in political endorsements. Council decided to remove this prohibition. Section 2-7-8(f)(16) is the relevant section, which is quoted as number 16 above. Members of City Boards and Commissions Page 7 April 12, 2018 Re: Public Meetings; Open Records; Boulder’s Code of Conduct 7 • Limitations on Accepting Gifts The code provision about gifts appears in section 2-7-4. The basic rule for board and commission members is that an appointee (or any relative of such an official) may not accept anything of value if: (1) The official is in a position to take official action with regard to the donor; or (2) The city has or is known to be likely to have a transactional, business, or regulatory relationship with the donor. Questions that arise in this area generally involve a list of items that are not considered gifts for purposes of the code. Section 2-7-5 (b) contains the list as follows: (1) Campaign contributions permitted by law; (2) An unsolicited, occasional non-pecuniary gift of a maximum amount of $53.00 or less in value; (3) A gift from a relative; (4) An award, publicly presented, in recognition of public service; (5) Reasonable expenses for attendance at a convention, fact-finding mission or trip, or other meeting if the person is scheduled to deliver a speech, make a presentation, participate in a panel, or represent the city provided that if travel expenses are paid: (A) The travel is for a legitimate city purpose; (B) The travel arrangements are appropriate to that purpose; (C) The expenses paid are for a time period that is no longer than reasonabl y necessary to accomplish the business that is its purpose; (D) The public official or public employee who will be traveling is not currently, was not in the recent past, and will not in the reasonably foreseeable future, be in a position to take direct official action with respect to the donor; Members of City Boards and Commissions Page 8 April 12, 2018 Re: Public Meetings; Open Records; Boulder’s Code of Conduct 8 (E) Prior to travelling, the public official informs the city council or the employee informs the city manager of the name of the party paying for the travel expenses and the reason for the travel; and (F) After completing the travel, the public official reports compliance of the first four conditions to the city council and the public employee reports compliance with the first four conditions to the city manager.; (6) Items which are similarly available to all employees of the city or to the general public on the same terms and conditions; and … The obvious intent of these provisions is to avoid actual graft or the appearance that special treatment from our local government can be purchased. Accepting gifts by government officials can be very problematic and it is strongly suggested that board and commission members who have any questions in this area contact the City Attorney’s Office for specific feedback and suggestions. • Conflicts and Outside Employment Section 2-7-5 sets out some rules about outside employment. Under those rules, board and commission members are not to take official action with respect to a former employer for at least six months after they leave the job in which they worked for that employer. Also, board and commission members are supposed to report existing or proposed outside employment or business interests that may affect their responsibilities. This notice must be in writing to the City Council. Within thirty days after accepting a new job or business opportunity, board and commission members are to report any changes of employment or changes to outside business interests that may affect their responsibilities to the city. • Limitations on the Participation of Former Officials For twelve months following termination of office or employment, no former official may appear before, or participate in, the proceedings of a city board or commission on which he or she was a member. However, this limitation may be waived by the City Council by appointment or vote. Members of City Boards and Commissions Page 9 April 12, 2018 Re: Public Meetings; Open Records; Boulder’s Code of Conduct 9 • Limitations on Litigation by Former Appointed Officials No former official may bring a lawsuit against the city, or participate in a lawsuit in which the city is involved on behalf of any other person or entity, if the litigation involves a matter upon which the person took official action during his or her service. This rule applies for twelve months following termination of service with the city. • Employment of Relatives Generally, a board or commission member may not advocate for the appointment or hiring by the city of someone who is his or her relative. However, board and commission members may request the City Council to make such an appointment or hiring decision. Also, it is permitted for the city to enter into transactions with companies, corporations or other business organizations that employ a relative of a city official if: (a) The board or commission member does not participate in the hiring decision; (b) Any business organization involved is a publicly-traded corporation that provides its services to the city on nondiscriminatory terms justified by the market facts and circumstances of each transaction; or (c) The business organization has been doing business with the city for at least one year prior to the date the city official’s relative became employed by it and the board or commission member’s relative is not directly employed to work on matters involving the city and his or her compensation is not tied to the success of the outside business organization in obtaining business from the city. • Prohibition on Representing Others Before the City The general rule is that members of boards and commissions are not allowed to represent others in front of the board or commission on which they serve or before the City Council. It may, under some circumstances, also be improper for members of boards and commissions to represent others in front of other city groups or bodies. This is an important rule and if it is violated, violators may be removed from their board or commission or could even be criminally prosecuted. Because this rule can be somewhat complicated in application, members of boards and commissions are urged to seek guidance from the City Attorney’s Office before they represent another party before a city entity. Members of City Boards and Commissions Page 10 April 12, 2018 Re: Public Meetings; Open Records; Boulder’s Code of Conduct 10 • The Manner in Which a Board or Commission Member is Supposed to Remove Him or Herself from Consideration of a Matter There is a formal procedure that a board or commission member should use when that member feels that he or she has a conflict of interest or that there would be an appearance of impropriety if he or she participated in a particular decision. § 2-7-10, B.R.C. Under these circumstances, the board or commission member should either provide written notice of the conflict or disclose the conflict of interest on the record of a public meeting of the board or commission on which the person is a member. Then, the board or commission member must: (a) Refrain from voting upon or otherwise acting in an official capacity with regard to the transaction giving rise to the conflict or appearance of impropriety; (b) Physically absent himself or herself from the room in which the matter is being considered; and (c) Not discuss any matter related to such transaction with any other member of the council, board, commission, task force, or similar body of which the person is a member. Conclusion As noted earlier, some of the issues discussed in this summary can get a bit complex in specific situations. Therefore, new board and commission members are invited to set up an appointment with representatives of the City Attorney’s Office to discuss these and related matters in more depth. Attachment: Chapter 2-7, Boulder Revised Code PRAB 2018 Action Plan The primary purpose is to enhance the ability of PRAB to provide leadership to the department, engage the community and build a strong, healthy parks and recreation and parks level of service that meets the community’s goals. Category PRAB Goal Action Items Notes 1)Building Community and Relationships •Enhance PRAB Community Outreach and Accessibility •Enhance and Reinforce Opportunities in P&R •Attend on average two P&R community activities per quarter •Promote P&R through social media of your choice •Attend site tours as scheduled in advanced of PRAB discussions/decisions •Support the department in an advisory capacity on partnership initiatives •Consider increasing PRAB visibility and engagement by dovetailing with other initiatives and social media efforts •Report out on parks and recreation-related outreach efforts at monthly meetings •Staff to share communication methods (such as social media accounts and hashtags) 2)Community Engagement •Providing Welcoming and Accessible Community Involvement •Continue annual information sessions on service reach and access (e.g. related to services for youth, underserved, etc.). •Identify ways for PRAB to support engagement and outreach efforts •Consider attending department events such as volunteer days to promote volunteerism and involvement in city boards and commissions. •Consider becoming involved in related volunteer boards such as the PLAY Foundation after PRAB term expires •Implement best practices for communication materials to reach a broad audience. 3)Organizational Readiness •Capacity Building of PRAB Members •Assign new PRAB members a PRAB mentor to help them understand board culture, working agreements, packet contents, agenda setting process, etc. •Onboard new PRAB members (department structure, CIP funding/process) in a slow and methodical format •Appreciation of PRAB’s role related to Council communication, joint board conversations, and citywide initiatives. Attachment F PRAB 2018 Action Plan The primary purpose is to enhance the ability of PRAB to provide leadership to the department, engage the community and build a strong, healthy parks and recreation and parks level of service that meets the community’s goals. Category PRAB Goal Action Items Notes • Communicate clear understanding of “charge” of the PRAB and responsibilities of Board membership • Continue to recognize each PRAB member’s role as representative of all community interests 1777 Broadway, Boulder CO 80302     |       bouldercolorado.gov         |      O: 303‐441‐3002  City of Boulder  City Council  Mayor Suzanne Jones  Mayor Pro Tem Aaron Brockett   Council Members:  Cindy Carlisle, Jill Grano, Liza Morzel, Mirabai  Kuk Nagle, Sam Weaver, Bob Yates, Mary Young  October 12, 2018 Dear Boulder Board & Commission Members: At the end of each year, the Boulder City Council asks members of the city's boards and commissions to provide input regarding Council priorities. This information helps inform Council’s work plan discussion at the January City Council retreat. This year, we are in the middle of a Council term and are in the position of reviewing our current 2018-19 work plan rather than developing a new one. In order to maintain the momentum of our current efforts, and to keep from overloading and overwhelming the community, we have focused this year’s questions more narrowly. Attached is a list of Council’s 14 priorities for 2018 and 2019. We seek your input on whether there are other projects that you think our community might see as higher priorities in 2019. Please see the questions below. You need not limit your responses to the area of expertise of your board/commission. Your entire board/commission may provide a single set of responses or, if you prefer, each member can provide his or her own responses (if the latter, please submit all of the member responses in a single packet). So that Council may have the benefit of your views before its pre-retreat Study Session on January 8, please deliver your responses to your board secretary no later than the close of business on Friday, December 21. Thank you for your service to our community. Sincerely, Mary Young Bob Yates Council Retreat Committee 1.How well do you believe Council has done over the last two years in incorporating the priorities of your board/commission? 2.Taking into account the current work plan and your board/commission feedback from last year, what additional priorities do you think Council should focus on, over and above the 14 on the attached list? Attachment G 1777 Broadway, Boulder CO 80302           |           bouldercolorado.gov          |          O: 303‐441‐3002  Boulder City Council 2018-19 Priorities Boulder Electric Utility  Broadband  Climate Commitment  Commercial Linkage Fees Community Benefit  Housing Advisory Board  Large Lots  Manufactured Housing Strategy North Central Boulder Subcommunity Plan & Alpine-Balsam Area Plan  Open Space Master Plan Shared Equity Middle Income Program  Transportation Master Plan Use Tables and Site Review Criteria Updates  Vision Zero