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01.15.25 OSBT PacketOpen Space Board of Trustees January 15, 2025 MEETING AGENDA (Please note that times are approximate.) I. (6:00) Call to Order and Roll Call II. (6:03) Approval of the Minutes III. (6:05) Public Comment for Items not Identified for Public Hearing IV. (6:15) Matters from the Board A. Trustee questions on Written Information items (15 min) V. (6:30) Matters from the Department A. Fort Chambers / Poor Farm – Upcoming Planning, Design and Engagement for the Interpretive Experience along the Healing Trail (20 min) B. Implementation of E-bikes on City of Boulder Open Space Trails (15 min) C. High-Level Strategic Guidance Informing Annual Budget and Work Plan Development (50 min) D. Director Verbal Updates (5 min) VI. (8:00) Adjourn Written Information: A. Agricultural Workforce Housing Guidelines Open Space Board of Trustees Members: Harmon Zuckerman (2023-2025) Michelle Estrella (2021-2026) Jon Carroll (2022-2027) Brady Robinson (2023-2028) Sarah Glynn (2024-2029) Open Space Board of Trustees *TENTATIVE Board Items Calendar (Updated, January 8, 2025) February 12, 2025 March 12, 2025 April 9, 2025 Matters from the Board: •Trustee questions on Written Memo items or public comment (10 min) Action Items: •Consent Item: Intergovernmental Agreement with Boulder County regarding 119 Bikeway Project Matters from the Department: •Update on City Strategic Plan priority action 7.C project (45 min) •Update on Climbing Access Trails Project (45 min) •Presence on the land and North Sky Visitation Update (25 min) •Director verbal updates (5 min) Matters from the Board: •Trustee questions on Written Memo items or public comment (10 min) Action Items: Matters from the Department: •Update on timing and milestones for South Boulder Creek Flood Mitigation Project (35 min) •Update on OSMP’s Funded Research Program (35 min) •Update on OSMP's Planning and Design Program Area: Future Planning Projects on the Horizon (45 min) •Director verbal updates (5 min) Matters from the Board: •Welcome new board member: swearing in (5 min) •OSBT Officer Elections (5 min) •Proclamation for outgoing board chair (10 min) •Volunteer appreciation proclamation (5 min) •Trustee questions on Written Memo items or public comment (10 min) Action Items: Matters from the Department: •Update on Wildfire Resilience Implementation Plan (30 min) •Update on OSMP Equity Plan and Implementation (25 min) •2026 Budget: First Touch (40 min) •Program Update: Accessibility Programming and Infrastructure (30 min) •Director verbal updates (5 min) *All items are subject to change. A final version of the agenda is posted on the webpage the week of the OSBT meeting. OPEN SPACE BOARD OF TRUSTEES Action Minutes Meeting Date December 11, 2024 Record of this meeting can be found here: https://bouldercolorado.gov/government/watch-board- meetings (video start times are listed below next to each agenda item). BOARD MEMBERS PRESENT Michelle Estrella, Chair Harmon Zuckerman, Vice Chair Brady Robinson Sarah Glynn OSMP STAFF MEMBERS PRESENT Dan Burke Jeff Haley Jennelle Freeston Lauren Kilcoyne Heather Swanson Brian Anacker Sam McQueen Lisa Goncalo Curry Rosato Alycia Alexander Christian Nunes GUESTS PRESENT Ghita Carroll, Sustainability and Energy Officer, Boulder Valley School District Claudia Perez, Resident Service Coordinator, Boulder Housing Partners AGENDA ITEM 1 – Call to Order and Roll Call The meeting was called to order at 6:01 p.m. AGENDA ITEM 2 – Approval of the Minutes (00:03) Harmon moved the Open Space Board of Trustees to adopt the minutes from November 13, 2024 as amended. Michele seconded. This motion passed unanimously with the exception of Brady, who was not present at the November meeting and abstained. AGENDA ITEM 3 – Public Participation for Items not Identified for Public Hearing (00:05) Jan Burton spoke about the Open Space Board of Trustees’ role in growth and development in Boulder. AGENDA ITEM 4 – Matters from the Board (00:19) The board made the following motion on Consent Agenda Item A. Harmon moved the Open Space Board of Trustees to recommend granting a template for a revocable agreement with maintenance obligations in the form substantially similar to the attached, for use in the prairie dog barrier cost-sharing program. Michelle seconded. All passed. AGENDA ITEM 5 – Matters from the Department (00:21) Curry Rosato, Ghita Carroll, and Claudia Perez, presented the “Community Connections Programming Update”. Michelle asked about outreach to students outside of Boulder Valley School District (BVSD). Curry responded that OSMP works with independent schools, home schools, and other partners. Michelle asked if OSMP works with other school districts. Curry responded that OSMP does offer programs to other districts. Dan shared that we shared things where OSMP is a strong leader, but there are other programs we partner on. Brady shared the experience his daughter felt in watching the presentation tonight. He asked about goals and trend lines for the program, including data about participants who are not in our community. Curry responded that OSMP does have this type of data. Harmon shared an experience his daughter had with the program. He asked what “nature needs children” means to the presenters. Curry responded that nature needs children to care for it. Gita responded that it is how you create stewards of the outdoors. Claudia responded that when we are in nature, we discover that something is bigger than us. Sarah shared how her daughter’s interests were shaped by these types of programs, and that she joins the field trips her younger daughter participates in. She shared appreciation for the programs. Brian Anacker and Alycia Alexander, presented the “OSMP Climate Action Plan Update”. They asked 1) of all the 19 Climate Solutions, which do you want to hear more about 2) Any input on insuring transparent and engaging communication of progress, challenges, and successes to both the community and internal stakeholders, and 3) Are there any red flags in the current plan that need to be addressed immediately? Harmon said he wants to hear more about emissions reduction. He asked if OSMP has partnerships with groups like Xcel for sustainable use of thinned woody material. Alycia shared a slide with projects that are tied to sustainable use of thinned woody material and examples of collaborative partners in the work. Brian noted that staff will have more to say in about a year. Brady asked if OSMP is planning any carbon markets and if we are sure we are using our resources in the best way from a global perspective, not just a local perspective. Alycia and Brian responded that it was discussed in the planning process. Sarah noted that she is interested in the intersection of fire resilience, climate, and agriculture. She shared that she spoke with a founder of an herbal company who is interested in bringing these herbs home to grow. She shared that she saw things in this presentation that can be scaled across the works. Sarah would like to see more about agricultural land management and climate preparedness, and how this connects with agricultural resources. She would like to tie the regenerative agriculture community in with fire resilience. Brian responded that OSMP is looking toward options to create sources for plants. Brian shared that the Soil Revolution Conference will be in Boulder the following day. Michelle thanked staff for coming back and presenting actions on the climate plan. She noted that it is great to see positions that support Climate Plan implementation and wildfire resilience. Michelle likes that this is weaving in work with strategic plan initiative 7c. She noted that department should be bold and challenge existing policies, and noted that this is an area where we can make progress. Heather Swanson and Christian Nunes, presented the “Wildlife Cam Highlights”. Brady asked what staff considered the biggest surprise. Christian responded that the biggest surprise was the spotted skunk. Harmon shared that is was cool to see. Sarah shared that we have so many beautiful creatures that live on open space. Jennelle Freeston, Jeff Haley, Lauren Kilcoyne, and Heather Swanson, presented “2024 OSMP Program and Project Highlights”. This section included program and project highlights from the 2024 year. Dan gave several verbal updates, including a reminder that applications for board and commission openings start next week and go through January 31, and a reminder for the OSBT January date. ADJOURNMENT – The meeting adjourned at 8:46 p.m. These draft minutes were prepared by Sam McQueen MEMORANDUM TO: Open Space Board of Trustees FROM: Dan Burke, Director, Open Space and Mountain Parks Lauren Kilcoyne, Deputy Director of Central Services Kacey French, Planning and Design Senior Manager Katie Knapp, Principal Planner DATE: January 15, 2025 SUBJECT: Fort Chambers / Poor Farm – Upcoming Planning, Design and Engagement for the Interpretive Experience along the Healing Trail Background The Fort Chambers / Poor Farm property is located east of North 63rd Street and south of Jay Road. The property is important to Open Space and Mountain Parks (OSMP) and the community due to its history and association with the Sand Creek Massacre and the land’s significant ecological and agricultural resources. The 113-acre property was purchased in 2018 due to its ability to fulfill many OSMP charter purposes. Information about the property was compiled and shared online through an interactive site information report. From 2023 to 2024, City staff worked on a government-to-government basis with the three Sovereign Tribal Nations affected by the Sand Creek Massacre (the Cheyenne and Arapaho, the Northern Arapaho and the Northern Cheyenne) to develop a Concept Plan with recommendations for future property improvements and guidance for ongoing land uses associated with the property. The shared vision is to create a healing place for all: community members, visitors, wildlife, agriculture, and natural ecosystems, and is guided by the theme “Heal the Land; Heal the People”. In July 2024, the Open Space Board of Trustees (OSBT) recommended the city move forward with the Concept Plan and include interested community members to help in telling all of the stories related to the site and developing future interpretive elements. Previous updates to the board and council are available on the project webpage. Agenda Item 5A Page 1 In the upcoming months, community members will have an opportunity to become involved in planning and designing the interpretive experience along the proposed healing trail. OSMP staff are also starting concurrent projects to implement other Concept Plan recommendations. Interpretive Experience Planning Process The Fort Chambers / Poor Farm Concept Plan includes a proposed Healing Trail to share the history of the site and provide spaces for learning and reflection, but this high-level plan does not specify what information to include or how it will be represented. OSMP staff are working in collaboration with Tribal Representatives to start a new planning process to involve community members in determining what will be included along the Healing Trail and how the interpretive experience will unfold. This planning process is anticipated to take approximately 15 months with five engagement windows: This planning process will involve the community throughout, with engagement windows that include both in person and online opportunities for sharing input. Engagement opportunities will be broadly announced and all are encouraged to be involved. The OSBT will also have multiple opportunities to provide input during the engagement windows. Concept Plan Implementation Following guidance from the OSBT, the other recommendations from the Fort Chambers / Poor Farm Concept Plan are advancing concurrently: •Goal: Hear all potential experiences and stories people desire for the site. EW1 -Listening and Learning •Goal: Understand the most important stories to share out (prioritize) and the reasons why. EW2 -Identifying Themes & Priorities •Goal: Create a vision for the Healing Trail. Explore and identify how the stories will unfold along the Healing Trail (i.e. flow of the interpretive experience and order of themes/stories). Explore potential design features/elements. EW3 -Identifying a vision for the Interpretive Experience •Goal: Understand level of support (or not) and why for a staff/consultant developed draft design(s) including interpretive elements/features to inform the development of a final design. EW4 -Designing the Interpretive Experience •Goal: Finalize and share out the Interpretive Experience design. EW5 -Finalizing the Interpretive Experience design Agenda Item 5A Page 2 1.Ecological Restoration: A large-scale restoration project along the Boulder Creek corridor was recommended to improve ecological health, restore ponds that were left from gravel mining, remove berms to reconnect the floodplain and create high quality wetlands that support native wildlife. In August 2024, OSMP staff were notified that the City of Boulder was selected to receive a grant from the US Army Corps of Engineers (USACE) for floodplain and wetland restoration work. The Fort Chambers/Poor Farm site will be included in a feasibility study (12-18 month estimated timeframe) to determine if it will be considered for the grant funding. Trash, debris and noxious weed removal was also recommended. This work is being included in current and future OSMP work planning. 2.Visitor Access: The Concept Plan includes two access drive options that lead to a parking area with a bus drop-off for public access. These access options are being further evaluated along with designing additional amenities to support visitor use. 3.Agricultural/Farmstead Enhancements: The Concept Plan includes recommendations to preserve and enhance existing agricultural uses and repair/restore the historic Queen Anne style house that once served as the Boulder County Poor Farm. In 2019, an Historic Structures Assessment was prepared for the historic Queen Anne style house to assess the condition of the structure and identify future restoration needs. Critical deficiencies were initially addressed to stabilize and preserve the structure (including installation of a new roof), but serious deficiencies remain. The 2025/2026 Capital Improvement Program (CIP) includes funding for additional repairs and renovations; this work is included in current work plans. OSMP is currently in the process of selecting a new agricultural tenant for portions of the property. A notice of availability was issued the week of December of 9th, 2024, with an invitation for proposal for the property expected to be released in the second of half of January 2025. OSMP staff will conduct a bid meeting, review proposals, and select a new operator for the property within the first quarter. OSMP staff will work with the new lessee to address farmstead repairs needed to support agricultural operations. Next Steps A new, collaborative planning process with the Tribes will involve the community in the design of the interpretive experience along the healing trail - exploring what information to share, and how it is presented. Engagement Window 1 is anticipated to start in Q1/Q2 2025. The board will receive an update at the end of Engagement Window 1 – where staff will share all the ideas and stories the community suggested be explored. The OSBT will have the opportunity to share what stories they think are the most important during Engagement Window 2. OSMP staff will also continue the implementation of other Concept Plan recommendations, as described above. Agenda Item 5A Page 3 MEMORANDUM TO: Open Space Board of Trustees FROM: Dan Burke, Director, Open Space and Mountain Parks Lauren Kilcoyne, Deputy Director, Business Services Kacey French, Senior Manager, Planning & Design Marni Ratzel, Principal Planner DATE: January 15, 2025 SUBJECT: Implementation of E-bikes on City of Boulder Open Space Trails ________________________________________________________________________ This written information item provides an update on implementing e-biking on Open Space and Mountain Park trails. Background An e-bike is a bicycle with an integrated electric motor to help riders achieve or maintain cadence with less effort. From July 2022 to June 2023, City of Boulder Open Space and Mountain Parks (OSMP) conducted a community engagement process that resulted in council approval in June 2023 allowing visitors to ride Class 1 and Class 2 e-bikes on specific City of Boulder open space trails. As of July 1, 2023, open space visitors are allowed to ride Class 1 and Class 2 e-bikes on certain trails. The map of OSMP trails where e-bikes are now allowed is posted on the city website. E-bikes are not allowed on OSMP hiking trails where bicycles are already prohibited. Class 3 e-bikes and other e-micromobility devices, such as e-scooters and e-skateboards continue to be prohibited from OSMP trails. Primary objectives to allowing e-biking on open space trails are to improve access for community members of more ages and abilities to enjoy open space trails, provide consistent visitor experiences across interconnected trails managed by different agencies/departments, provide alternative approaches to disposal of open space-managed lands, and support broader city climate goals by reducing the number of vehicle miles traveled to reach local trails, which would in turn help to preserve the ecosystems and habitats that make up city open space. Master Plan Strategies The evaluation of e-biking is related to the OSMP Master Plan as it envisions a connected network of local and regional trails (outcome Responsible Recreation, Stewardship and Enjoyment RRSE.E: High Quality Trail Network) that support a range of passive recreation experiences (RRSE.6) and defines a strategy that encourages multimodal access to trailheads and leverages regional trail partnerships (strategy RRSE.4: Encourage Multi-modal Access to Trailheads). Agenda Item 5B Page 1 Management Approach During the evaluation of whether to allow e-biking activity, OSMP identified a holistic approach to manage e-biking, like biking, as a passive recreational activity on open space trails. Long-term management of e-biking use includes the following strategies. •Education and Outreach – Raise awareness and support visitors through a combination of messaging, signage and programming focused on courtesy and rules for sharing multi-use trails among recreational activity groups. •Ranger Patrol and Enforcement – Continue to focus on highly visited areas, prioritize weekend time on patrols, and targeted patrols. •Monitoring – Add e-biking activity in visitor surveys to track trends and changes in public sentiment over time. •Trail Design and Maintenance – Employ trail design best practices to mitigate speed and conflict potential on multi-use trails. Implementation Education and Outreach – signs OSMP developed a comprehensive messaging and signage plan for e-bikes. Since both biking and e-biking activities require signage designating each use on OSMP trails, the decision was made to combine them on one sign, where applicable, to minimize sign clutter and streamline messaging. Signs are posted on multi-use trails to inform OSMP trail users where e-bikes are allowed and where they are prohibited. Example signage design is shown below. Education and Outreach – interactive information The interactive OSMP Trail Map and citywide Boulder Bike Map posted on the city’s website were updated to identify OSMP trails that allow e-biking. Additionally, a Guide to Electric Bikes on Open Space webpage shares information about the types of e-bikes that are allowed or continue to be prohibited, which trails allow e-biking activity and the expectation and importance of recreating responsibly. Additional key messages include: •Know Before You Go: Read information about where e-biking is allowed on city- managed open space trails. •Follow All Rules and Regulations: Stay alert for all signs that communicate where e- bikes are allowed or prohibited. •Be Courteous to Other Visitors: Visitors of all identities and abilities deserve respect and courtesy while recreating outdoors. Agenda Item 5B Page 2 •Share the Trail and Be Considerate When Passing: Bikers yield to hikers and equestrians on open space trails. Slow down when approaching hikers and remember to announce yourself, such as saying “on your left,” before you pass. •Enjoy and Protect the Land: Enjoy your time outdoors! But remember: Open space visitors also have a responsibility to protect land, wildlife, water and plants. The website also provides information about Other Power-Driven Mobility Devices (OPDMDs), which help visitors' experiencing disabilities connect to Boulder's open space. Education & Outreach – Presence on the Land Education and Outreach staff, Volunteer Bike Patrol and Trail Ambassadors hiking the OSMP system provide a presence on open space land. To assist staff and volunteers in explaining the change in e-biking policy and interacting with visitors, informational materials, including a map of trails where e-biking is allowed, were provided. When staff and volunteers were asked to also provide feedback they are hearing from the community, very little was received regarding e-bikes. As a result, e-biking information has been incorporated into overall outreach messaging on responsible recreation. Education & Outreach staff noted that it is often difficult to engage with bikers and e-bikers as they typically do not stop to talk with staff. To bring visibility to bike outreach, OSMP partners with Boulder Mountain Bike Alliance (BMA) and the interagency Bike Patrol. In Summer 2023, Bike Patrol volunteers conducted outreach in partnership with the Boulder Horseman’s Association at Doudy Draw and Boulder Valley Ranch to talk about horse etiquette with bikes, and the new regulations that allow e-biking activity on certain OSMP trails. Overall, Volunteer Bike Patrollers report that they have not received a lot of e-bike feedback from the community since allowing e- biking activity. Staff will continue to assess the effectiveness of our messaging and signage. Any adjustments would be done systemwide and within the context of a comprehensive e-bike messaging strategy in partnership with other city departments, such as Transportation and Mobility. E-biking is managed by OSMP similarly to traditional biking, with enforcement activities tracked as part of biking. Ranger patrols are intended to address violations, visitor safety concerns or complaints, and educate visitors of the regulations, including types of e-bikes allowed. Between the nearly 15-month period of July 1, 2023, and Sept. 17, 2024, rangers recorded 11 interactions with visitors bicycling on open space lands not in compliance with open space regulations. A breakout of these interactions by type of bike is provided in the table below. OSMP will continue to patrol, track interactions and summons issued and address concerns as they arise. Description Interactions Summons Issued Mtn biking prohibited (not e-bike) 4 1 E-biking prohibited 7 4 Total 11 5 Agenda Item 5B Page 3 In the first few months following the change in policy, staff has received several community inquiries expressing concern for etiquette of teen-aged e-bikers in the Wonderland Lake Trail area. In response, Rangers conducted extra patrols in the area. Rangers also were supported by Education and Outreach staff and volunteers to further support community members in understanding and complying with the new regulations for e-biking. Understanding that there is a period of adjustment after new regulations are introduced, OSMP is tracking interactions and will continue to address concerns as they arise. Monitoring OSMP is committed to ongoing visitation monitoring for all activities and have completed visitor surveys every five years since 2005 to understand visitor experiences. Starting in 2024, the onsite intercept survey added e-biking activity as a category distinct from traditional biking, alongside other allowed activities. This will allow OSMP to collect baseline activity data and detect any change in activity distributions over time as part of systemwide monitoring efforts. OSMP will also be able to quantify the general experiences (ranging from pleasant to conflict) from visitors who encountered e-bikers and other activity groups, gain additional insights about the encounter ratings and self-reported behavior changes in response to e-bikes. The 2024 surveys also formally implemented a cyclical data collection approach. This method divides both visitor survey and visitation monitoring locations into three sample groups or panels, with locations randomly assigned to each panel. Instead of collecting data from all locations every few years, we will collect data from one-third of the locations each year, cycling through all three panels over a three-year period. This strategy allows for more continuous data collection and analysis, providing a more up-to-date understanding of visitation trends while also reducing the burden of conducting large-scale data collection efforts every few years. In 2024, OSMP also collected data on trailhead utilization, which included e-bikes parked at OSMP trailheads and select access points. A report is currently in development. OSMP is also planning to assess bicycle speeds at select locations in 2025 (note this will not differentiate between e-bikes and traditional bikes). Trail Design and Maintenance As information is gathered through on-going system wide monitoring, and presence on the land OSMP staff will cross-reference concerns to support strategic prioritization of repairs and subtle trail enhancements that may mitigate conflict and speed concerns. Trail condition monitoring and annual inspection data can also help identify early trail condition concerns that may relate to conflict, aiding in how work is prioritized and the design approach. OSMP visitor surveys will support monitoring conflict rates, which can also guide trail management approaches. While no specific trail repairs or needs have emerged from allowing e-bikes, OSMP will continue on-going efforts to strategically prioritize trail enhancements. Agenda Item 5B Page 4 Conclusion E-bike speed, concern for visitor conflict among activities and potential negative impacts to trail conditions emerged as themes during public engagement before implementation of the policy change to allow e-biking activity. However, community feedback has been minimal since e-biking has been allowed on certain open space trails. Following an initial adjustment period, enforcement activities and reported conflicts have been minimal. Overall, the implementation of e-biking on OSMP trails has gone well and staff will continue with the management approach described above. Agenda Item 5B Page 5 MEMORANDUM TO: Open Space Board of Trustees FROM: Dan Burke, Director, Open Space and Mountain Parks Lauren Kilcoyne, Deputy Director of Central Services Samantha McQueen, Business Services Senior Manager DATE: January 15, 2025 SUBJECT: High-Level Strategic Guidance Informing Annual Budget and Work Plan Development ________________________________________________________________________ At the September 2023 Open Space Board of Trustees (OSBT) retreat, trustees and department staff discussed piloting a new process in 2024 to advance budget development that called for an OSBT meeting and discussion focused on high-level strategic guidance. Open Space & Mountain Parks (OSMP) staff implemented a strategic budget guidance conversation at January 2024 business meeting to meet this request. Department staff also presented annual budget development information at the April-July 2024 OSBT business meetings. Based on feedback from the OSBT, staff will maintain the strategic budget guidance conversation in early 2025, ahead of 2026 budget planning presentations. This staff update serves as the first OSBT agenda item related to 2026 budget development and focuses on high-level city and department strategic guidance OSMP utilizes to help develop and prioritize its budget and work plan. Topics covered in this agenda item include an overview of city and department strategic budget guidance, an update on the current budget environment and strategic decision-making, a proposed 2026 budget development timeline, and questions for the OSBT as the department plans for 2026 budget development. City and Department Strategic Budget Guidance OSMP’s budget is informed by citywide and departmentwide strategic guidance, including the Sustainability, Equity & Resilience Framework (SER), Boulder Valley Comprehensive Plan (BVCP), Citywide Strategic Plan, OSMP Master Plan, OSMP plans, and OSMP's Strategic Priority Areas document (Attachment A). This section provides an overview of some of these documents, with a focus on OSMP’s Strategic Priority Areas document later in this update. City Guidance The city’s SER framework provides the highest level of strategic guidance for budget development in all departments, and serves as the strategic planning foundation for the policies, programs, and projects across the City of Boulder. It also serves as the organizing tool for the BVCP, annual budget, and department planning processes by providing consistent goals and objectives necessary to achieve Boulder’s vision of service excellence for an inspired future. Table 1 shows the city’s strategic budget guidance hierarchy, with the highest level of guidance at the top and lowest level at the bottom. Agenda Item 5C Page 1 Table 1: City Strategic Budget Guidance Listed under the BVCP, the City of Boulder released a 2024-2026 Citywide Strategic Plan in early 2024 to guide shorter term strategies and priority actions for decision-making. Department staff shared with OSBT an overview of the Citywide Strategic Plan in spring 2024. Since then, staff have worked with partners in other departments, including the Finance Department and City Manager’s Office, to define where OSMP’s work is represented in the Citywide Strategic Plan’s priority actions. The OSMP work plan and projects support several priority actions. Table 2 lists examples of OSMP projects that support priority actions in the Citywide Strategic Plan and is not intended to be a comprehensive list of all priority actions supported by the department or all projects that tie to the Citywide Strategic Plan. Table 2: Examples of OSMP Projects that Support Priority Actions in the Citywide Strategic Plan Goal Area Priority Action Examples of OSMP Projects Safe Strategy #1: A.) Coordinate crime prevention and enforcement efforts in known high-crime areas utilizing the problem-solving policing model outlined in the Reimagining Policing Plan. •Ranger Operations Strategy #2: A.) Expand efforts in preparedness and resilience strategies, including the completion, socialization, and implementation of the Community Wildfire Protection Plan for all community members. •Pilot Perimeter Mowing Program •Wildfire Resilient Landscapes: Fuels Mitigation •Community Wildfire Protection Plan (CWPP) Implementation •Strategic Grazing •Remove Invasive Plant Species Agenda Item 5C Page 2 Goal Area Priority Action Examples of OSMP Projects Healthy & Socially Thriving Strategy #4: B.) Sustain or increase service capacity among community- based programs and activities that promote health equity and wellbeing, such as food security and nutrition, behavioral health, child development and the ability to age in place. •OSMP Programming for Schools and Youth Groups •OSMP Nature Hikes and Programs Strategy #4: C.) Improve meaningful engagement with indigenous communities, including Tribal Nation partners to acknowledge a history of colonization and policy violations and provide enhanced connections to lands in Boulder. •Tribal Engagement and Coordination •Fort Chambers/Poor Farm Site Management Plan Implementation Livable Strategy #7: C.) Identify and implement key trail connections and access improvements to open space areas throughout the city that encourage multi-modal options for access. •North Foothills Bikeway Feasibility Study •Boulder to Erie Regional Trail •Lefthand Canyon •Blue Mountain Preserve (Coal Creek Study) •Rocky Mountain Greenway (128 underpass) •Residential and Trailhead Access Management Programs Environmentally Sustainable Strategy #9: A.) Relaunch our adaptable, long-term, and holistic resilience strategy—that encompasses economic, environmental, community, and infrastructure components to complement implementation of resource and ecosystem management plans. •Ecological Stewardship Programming •Vegetation Stewardship Programming •Agriculture and Water Stewardship Programming •Science and Climate Resilience Operations Responsibly Governed Strategy #12: C.) Prioritize and deploy a citywide asset management system that informs the annual capital improvement program. •Implementation of Asset Maintenance Management Software Department Guidance The OSMP Master Plan provides the highest level of department-specific guidance and describes OSMP’s five focus areas or central management themes, which are: Ecosystem Health and Resilience; Agriculture Today and Tomorrow; Responsible Recreation, Stewardship and Enjoyment; Community Connection, Education, and Inclusion; and Financial Sustainability. The Master Plan identifies Tier 1 strategies, which are considered the Agenda Item 5C Page 3 most important and will be accelerated and emphasized with more staff time and funding. Staff provides connections between the budget and Master Plan Tier 1 strategies to the OSBT throughout the annual budget planning process. For the last several years, for example, staff have shared a table with Capital Improvement Program (CIP) budget investments in each Tier of Master Plan strategies. OSBT members have expressed interest in continuing to review connections to the Master Plan as part of the 2026 budget development process. Table 3 shows the department’s budget guidance hierarchy, with the highest level of guidance at the top and lowest level at the bottom. Table 3: Department Strategic Budget Guidance Since at least 2015, the department has generated an internal document with Strategic Priority Areas (previously called department priorities or strategic enhancements) which is used to communicate and emphasize with staff a few key goals for the upcoming year to pay particular attention to. While core services are delivered on an ongoing basis, in any year there may be a few major projects or initiatives that require enhanced departmentwide work, attention, and investment, subject to budget availability. Instead of setting Strategic Priority Areas on an annual basis, the department shifted to two- to three-year Strategic Priority Areas in recent years. OSMP is currently implementing the 2024-2025 Strategic Priority Areas. In addition to other priorities called out in city and department guidance, Strategic Priority Areas signal to staff which specific strategies and outcomes the department would focus even more on accelerating over the next two years. This assists staff in aligning work plans but also help to communicate the reasons behind department decision-making, for example why some projects would receive CIP funding or added personnel dollars while other requests are deferred, denied, or to receive reduced funding. The department continues to deliver a lot of work beyond the Strategic Priority Areas, and all the core projects and programs are important for delivering services to the land system and community. However, this approach ensures that the department implements the community priorities for acceleration reflected in other strategic budget guidance materials. Agenda Item 5C Page 4 OSMP’s Strategic Priority Areas can also bridge the gap between city and department priorities. For example, for important OSMP work that is not called out in the Citywide Strategic Plan, the department’s Strategic Priority Areas can fill the gap or identify a specific initiative, program, or project that department leadership wants to ensure is a focus. For 2026 budget development, the department’s Strategic Priority Areas are generally a continuation of the priorities identified for in the 2024-2025 work plan. Many of these priorities will define OSBT business meeting topics in the coming months. The department’s Strategic Priority Areas for the 2024-2025 years are: • Wildfire and Climate Resilience Implementation: Through this priority, the department will: o Implement the OSMP Climate Plan: Advance the three objectives and nineteen solutions outlined in the plan by integrating them into workplans, securing funding, fostering staff and partner collaboration, and establishing robust tracking mechanisms. o Support and Implement the Wildfire Resilience Implementation Plan: Contribute to the development of the forthcoming plan and implement the OSMP-specific actions identified within its three cohesive strategies, such as: ▪ Resilient Landscapes: Conduct landscape-level risk reduction actions, such as prescribed burns ditch fuels treatments, forest thinning, invasive weed removal, and prescribed grazing. ▪ Fire Adapted Communities: Conduct focused Wildland-Urban Interface risk reduction efforts. Reduce ignition likelihood via education, enforcement, and related activities. ▪ Safe and Effective Wildfire Response: Strengthen OSMP’s capacity to respond and recover from wildfire on or near its lands. Key actions include implementing the DOC and establishing a Wildfire Team to oversee red carded staff certifications, staff training, and preparedness. • Enhanced Presence on the Land: Through this priority, the department will: o Continue an enhanced and coordinated approach to Ranger, Outreach Education staff presence and programming out at our busiest trails and trailheads, including a more sustained and consistent presence at our trailheads along the mountain backdrop: Doudy Draw, South Mesa, South Boulder Creek, Shanahan Ridge Access points, Chautauqua, Wonderland Lake, North Sky, Sanitas/Red Rocks, and along the Flagstaff corridor by utilizing data on peak times. o Explore refinements to reporting to track consistent categories of visitor contacts. o Enhance volunteer presence out on trails and trailheads such as continuing to grow the Dog Ambassador Program, offer monthly volunteer outreach tables, and support the enhanced Volunteer Ambassador programs. o Work with different OSMP work groups to understand their major projects and prioritize presence on the land in the area of work to communicate changes to the public. Agenda Item 5C Page 5 o Explore if other OSMP work groups could further support presence on the land, and if so, work with those work groups who have staff presence in the field to identify any additional training. •Looking Ahead: Prioritized, Integrated Work Planning and Budget: Through this priority, the department will: o Collaborate across work groups to develop a 6-year project list that is balanced, prioritized, integrated with citywide plans, and considers both budget and staff capacity. A specific focus should be integrating the new Citywide Strategic Plan. o Describe, prioritize, and estimate the resources that will be required over a 6- year time horizon to protect, maintain, restore and/or enhance system “assets” such as trails, trailheads, signage, fencing, water infrastructure, cultural resources, buildings/structures, etc. The goal for a 6-year “plan for asset management” also includes a 6-year list of priority projects related to maintaining and restoring our natural resources (e.g. vegetation, wetland, and wildlife). o Link projects, actions, and programs, whether under CIP or Operating Budget, to the Master Plan, the SER Framework, and Citywide Strategic Plan and effectively and efficiently track, assess, and report on. o Develop and describe OSMP’s 6-year Planning Horizon and revise its Planning Framework. As part of this: ▪Inventory future planning needs and then assess and prioritize this list to develop a 6-year outlook for the planning projects and actions OSMP intends to carry out. ▪Identify and prioritize specific elements of existing plans that need updating and develop a feasible, sequenced timeframe for these updates. There may be specific circumstances that call for an entire plan to be updated as well as the need for new plans. ▪Prioritize and document implementation progress that has occurred and determine how best to incorporate implementation tracking into the existing plans. ▪Determine how to best incorporate any new policy updates that have been adopted since plans were adopted. Current Budget Environment and Strategic Decision-making During the 2025 budget development process in spring and summer 2024, OSMP staff shared that the city and department were entering a fiscally constrained environment. Several factors are contributing to a constrained environment, including slow or flattening growth of sales and use taxes, which represent over 90% of the department’s revenues. The city is also seeing rising costs of goods, materials, and services in some areas. OSMP expects to remain in a fiscally constrained environment as the department develops the 2026 budget. The department is also planning for reductions to dedicated sales taxes over the next decade. At the end of 2034, an existing 0.22 percent sales tax increment will be reduced to 0.10 percent. While the city could propose a ballot measure to address the reduction in Open Space sales tax revenue, department staff are preparing for a scenario where the full reduction to Agenda Item 5C Page 6 0.10 percent will take place. As a reminder, the Open Space Fund is made up of the following three sales tax increments: •0.40 percent sales tax which has no sunset; •0.22 percent sales tax, to be reduced to 0.10 percent Jan. 1, 2035, then exists in perpetuity; and •0.15 percent sales tax which expires Dec. 31, 2039. In a fiscally constrained environment, strategic budget guidance plays a key role in the department’s decision-making. Realignments or reductions are reviewed against priorities defined in city and department guidance, particularly OSMP’s department’s Strategic Priority Areas. While Strategic Priority Areas have often been defined as “enhancements” that receive additional budget or realignment of existing resources in previous years, these priorities can also be used in decision-making to assess realignments or reductions. The department has been preparing for the reality of a fiscally constrained environment and a reduction in sales tax revenue in several ways. First, OSMP has been strategically reviewing staff vacancies for potential realignment or reduction to keep spending in line with revenues while still supporting Strategic Priority Areas. For example, when a position that supported Ranger operations and administration became vacant in 2024, the duties for that role were redefined to better support Ranger technology operations. The position moved from the department’s Business Services workgroup to the Resource Information Services workgroup to enhance technology support for Rangers. This budget neutral realignment of an existing position still allowed the department to further the Enhanced Presence on the Land priority by streamlining technology for Rangers to provide more data and resources that would support the workgroup’s presence at trailheads. OSMP’s strategy to review vacancies played a role in the 2025 budget planning process. As shared with the OSBT at the July 2024 business meeting, OSMP eliminated the vacant Volunteerism, Service Learning and Partnerships (VSLP) Senior Manager position. When the Education and Outreach (E&O) and VSLP Senior Manager positions became vacant, the OSMP Director’s Team reviewed the department organizational structure for highest need against strategic budget guidance. The department decided to merge the two vacant Senior Manager positions under the title “Community Outreach Senior Manager” which allowed for the expiration of one position. This realignment allowed for an enhanced approach to supporting the strategy and vision of the E&O and VSLP workgroups while reducing Open Space Fund spending on an ongoing basis. Additionally, the department has been strategizing around a reduced CIP budget to bring spending in line with expected revenues over the next several years. In the 2023-2030 Open Space Fund Financial presented to the OSBT in spring 2024, the department proposed slowly reducing the CIP budget from $6.8M in 2025 to $5.0M in 2030. OSMP staff are building six- year work plans with the expected spending reductions in mind. Agenda Item 5C Page 7 Table 4: Proposed 2025-2030 Open Space Fund Capital Improvement Program (CIP) Budget Budget Year 2025 2026 2027 2028 2029 2030 Proposed Budget $6,824,100 $6,000,000 $5,500,000 $5,000,000 $5,000,000 $5,000,000 OSMP has also been partnering with colleagues in the Finance Department as they lead a citywide project to develop a long-term financial strategy, a City Council priority for 2025. The project includes four defined workstreams: 1. Long-Term Financial Plan a. Establish guiding financial principles, perform current state assessment, update financial policies, and identify future action steps 2. Alternative Funding Mechanisms and Revenue Opportunities a. Inventory existing fees, cost of service recovery, and fee policies b. Inventory existing taxes c. Identify recommendations for existing revenue updates, fee development, and potential alternative revenue sources 3. Core Service Levels a. Define Core Service Level b. Inventory Current Core Service Levels and Underfunded/Unfunded Needs c. Determine funding amounts required for core service level increments 4. Ballot Measures Strategy a. Identify potential tax ballot items, develop ballot measure strategy for 2025 and 2026 Additional details from the Finance Department about the long-term financial strategy project are included in Attachment B. At the time of this update, OSMP staff have discussed strategies and ideas around alternative sources of revenue with the Finance Department as part of the long-term financial strategy project. The department developed the following revenue opportunities through these discussions. Opportunities for additional revenue: Note that OSMP is only sharing these as ideas for generating additional revenue and has not defined if or how the department could implement these strategies. • The department already secures private donation dollars through its partnership with the Boulder Open Space Conservancy (BOSC) non-profit. As shared with the OSBT over several years, OSMP staff have worked with BOSC to strategically fundraise for specific projects and priorities. The department could continue and enhance this partnership effort to raise additional donation dollars for priorities. • OSMP has a grant-seeking strategy that could be expanded with additional staff resources. Most efforts around grant-seeking focus on the department’s two- to three- year Strategic Priority Areas. With additional support from grant program staff in the Finance Department, OSMP could identify more grant opportunities. Agenda Item 5C Page 8 • The department is looking at the opportunity for one-time revenues from selling (disposing) certain residential houses that the department has acquired over time that do not meet an Open Space purpose. OSMP would carve houses from the surrounding OSMP-managed land in the sale. The revenue from these potential sales could go toward OSMP's asset management priorities. Additional revenue strategies already in progress: • OSMP will maintain a consistent fee structure in line with recommendations from the 2024 Comprehensive Fee Study results and recommendations. • OSMP staff will continue to partner with other municipalities like Jefferson County and Boulder County for joint ventures, including land swaps for improved land management and joint grant applications. Land swaps and similar agreements are shared with the OSBT before going into effect. While these ventures do not necessarily increase revenue, they allow the department to better manage lands within existing funding. • The department is moving away from a fleet funding model that relies significantly on renting vehicles. OSMP staff are partnering with the Facilities & Fleet Department to purchase vehicles and expire an ongoing vehicle rental contract. The city has a fleet replacement funding model that relies on saving smaller dollar amounts over a period of several years instead of budgeting for the entire replacement value of a vehicle in the year it is expected to be replaced. While purchasing vehicles can be a large cost for the Open Space Fund upfront, the expected annual cost of saving for vehicle replacements will be significantly less than the annual cost of a vehicle rental contract. A great deal of staff time will also be saved by eliminating the vehicle rental approach. Staff will provide the OSBT with updates on the long-term financial strategy project as they become available from the Finance Department and are shared with City Council. Next Steps and 2026 Budget Planning Timeline To prepare the 2026 budget, OSMP staff have reviewed city timelines, the availability of annual budget details, and OSBT requests to review certain budget details. Like previous years, staff plan to share budget information with the OSBT across several meetings and will seek recommendations for the CIP and operating budget together in July. Staff propose the following cadence for budget planning in the 2025 calendar year: Milestone Proposed Date Change from Last Year? Presentation: Strategic Budget Guidance Update January 15 Presentation: Draft 2026 Work Plan & Budget Update April 9 Previously a written update, proposing to move to presentation based on expected availability of budget details Written Update: Draft 2026 CIP & Operating Budget Introduction May 14 Previously a presentation, proposing to move to written update based on Agenda Item 5C Page 9 Milestone Proposed Date Change from Last Year? expected availability of budget details Presentation: Draft 2026 CIP & Operating Budget Update June 11 Presentation: 2026 CIP & Operating Budget Public Hearing and Recommendation July 9 Questions for OSBT Staff are open to OSBT feedback regarding the budget cadence and understanding OSBT interest in engaging in discussions on strategic budget guidance. To help discussions, staff pose the following questions to the OSBT: •Of all the connections into the City Strategic Plan, including its Strategies and Priority Actions, what areas do you want to see or learn more about? •Are there any other strategic budget guidance areas that you want to see or learn more about in upcoming budget discussions? •As staff begin to consider 2026-2027 Strategic Priority Areas, are there areas of the department that you would like to see as future priority areas? •Do you have any questions regarding the proposed 2026 budget planning timeline? Attachments: •Attachment A: 2024-2025 OSMP Strategic Priority Areas •Attachment B: Long-term Financial Strategy Slides from the Finance Department Agenda Item 5C Page 10 2024-25 Strategic Priority Areas Amended 1/2025 OSMP Mission: OSMP preserves and protects the natural environment and land resources that characterize Boulder. We foster appreciation and use that sustain the natural values of the land for current and future generations. OSMP Vision Statement: Stewarding the community’s legacy land system through service excellence for an inspired quality of life. Purpose Statement: Annual work planning is one of the most meaningful planning efforts the department undertakes. It is through robust, collaborative discussions that we determine how to expend and invest our finite capacities in a way that best meets the needs of the system and the expectations of our board, council, and community. Foundational to work planning is the guidance provided in the Master Plan, other approved OSMP plans and policies, Citywide Strategic Plan, the city’s Sustainability, Equity and Resilience Framework, council and City Manager directives, and input from OSMP subject matter experts. The purpose of this Strategic Priority Areas document is to provide additional higher-level guidance for very specific department priorities that the Director’s Team has identified as needing even more enhanced attention in the coming years. The expectation is that through work planning, additional strategies and actions will be directed to these areas sufficient enough as to “move the needle.” It is important to note that this document is not intended to describe or highlight all the department’s priorities or enhancements. Every year there are many priority actions identified and implemented that address dozens of priority programs, plans and projects. As a way of illustrating this point, it is expected we will continue our meaningful participation in the City’s Racial Equity initiative and engaging underserved members of our community; make meaningful progress and investments on all Tier 1 Master Plan Strategies; continue to improve and invest in the delivery of our core services; and continue to improve how we communicate and collaborate with one another and across departments. 2024-25 Strategic Priorities call for increasing our organizational resources and attention in the following areas: 1.Wildfire and Climate Resilience Implementation: Attachment A Agenda Item 5C Page 11 Why? The climate crisis is a Tier 1 strategy of the OSMP Master Plan. Climate change and wildfire are deeply interconnected: Climate change amplifies the frequency, intensity, and scale of wildfires, while wildfires release significant greenhouse gas emissions, creating a feedback loop that accelerates climate impacts. Wildfire and Climate Resilience are now specific “program areas” within department as part of the SCR workgroup, which is tasked with enhancing the important contributions of other workgroups through holistic and integrated approaches. Sustained and enhanced attention is critical for both topics to ensure focus remains on implementing effective, collaborative, and improved land management actions aimed at reducing emissions, reducing the risk of catastrophic wildfire and associated loss of life and property, and pursuing habitat enhancement opportunities that increase ecosystem health and resilience. Recent fires highlight that we must not only continue our great work but also address the need for greater integration and coordination. What? 1.Implement the OSMP Climate Plan: Advance the three objectives and nineteen solutions outlined in the plan by integrating them into workplans, securing funding, fostering staff and partner collaboration, and establishing robust tracking mechanisms. 2.Support and Implement the Wildfire Resilience Implementation Plan: Contribute to the development of the forthcoming plan and implement the OSMP-specific actions identified within its three cohesive strategies, such as: i.Resilient Landscapes: Conduct landscape-level risk reduction actions, such as prescribed burns ditch fuels treatments, forest thinning, invasive weed removal, and prescribed grazing. ii.Fire Adapted Communities: Conduct focused Wildland-Urban Interface risk reduction efforts. Reduce ignition likelihood via education, enforcement, and related activities. iii.Safe and Effective Wildfire Response: Strengthen OSMP’s capacity to respond and recover from wildfire on or near its lands. Key actions include implementing the DOC and establishing a Wildfire Team to oversee red carded staff certifications, staff training, and preparedness. 2.Enhanced Presence on the Land: Attachment A Agenda Item 5C Page 12 Why? One key strategy related to Master Plan Tier 1 strategy: “Manage for Increasing Visitation” is having robust presence out on the system in various forms. When visitors arrive and sense that the OSMP land system is well cared for and they see uniformed staff and volunteers, this leads to visitors having a greater respect for the land and aptitude for “recreating responsibly.” While OSMP already has solid presence out in the field, this strategic priority area challenges staff to continue to identify and implement actions and refinements that will lead to an even more coordinated and enhanced presence for highly visited trailheads and trails. This, in turn, will increase the number of meaningful visitor contacts. What?: A goal is to achieve and document greater staff and volunteer “presence on the land,” especially at our highly visited areas on the system, and to encourage responsible recreation and create enjoyable experiences. Examples of actions and enhancements may include: a.A continued enhanced and coordinated approach to Ranger, Outreach Education staff presence and programming out at our busiest trails and trailheads, including a more sustained and consistent presence at our trailheads along the mountain backdrop: Doudy Draw, South Mesa, South Boulder Creek, Shanahan Ridge Access points, Chautauqua, Wonderland Lake, North Sky, Sanitas/Red Rocks, and along the Flagstaff corridor by utilizing data on peak times to inform POTL shifts. b.Exploring refinements to reporting to track consistent categories of visitor contacts. c.Enhancing volunteer presence out on trails and trailheads such as continuing to grow the Dog Ambassador Program, offer monthly volunteer outreach tables, and support the enhanced Volunteer Ambassador programs. d.Working with different OSMP work groups to understand their major projects and prioritize POTL in the area of work to communicate changes to the public. e.Explore if other OSMP workgroups could further support POTL, and if so, work with those workgroups who have staff presence in the field to identify any additional training to enhance POTL. 3.Looking Ahead: Prioritized, Integrated Work Planning and Budget Why?: OSMP’s Work Planning goal is to develop a prioritized and integrated multi-year work plan that captures a sufficient level of detail about upcoming department actions and projects, ideally across a 6-year time horizon. While Attachment A Agenda Item 5C Page 13 unforeseen, emergent work will come our way, we need to continue to strive to better understand the actions/projects/programs/plans we intend to implement 3, 4, 5 and 6 years from now and to estimate the costs and resources required to implement them. Capturing a 6-year vision is valuable for many reasons as it will help confirm the department has the budget and resources on-hand to successfully accomplish this vision. A 6-year vision will also ensure integration and connection to the OSMP Master Plan, the citywide Strategic Plan, and the city’s Sustainability, Equity and Resilience (SER) Framework. This work planning is extremely valuable in this time of a constrained budget environment. With revenues flattening and the costs of doing business increasing, developing a prioritized, strategic budget is mission critical. Now is the time that OSMP needs to lean into Master Plan strategies FS.1) Stabilize Funding and FS.2) Budget for Future Uncertainty. Now is the time to strategically leverage other revenue streams and local dollars to support our delivery of open space services. In addition to annual and multi-year work planning, the Master Plan calls for OSMP to update its Planning Framework and refine its planning methods, approaches, and products to better inform and prioritize the efficient use of limited funding as well as identifying planning projects and efforts over a 6-year time horizon. OSBT has recently expressed support for staff developing and describing this refined Planning Framework and to identify upcoming planning projects. Refining the Planning Framework will help identify planning and policy needs over a 6-year time horizon and will help ensure existing plans remain relevant by incorporating implementation actions that have been completed and/or any policy related changes that have occurred since plan adoption. What? Continue to focus on improving our work planning processes such as: a.Work Groups/Service Areas collaboratively develop a 6-year project list that is balanced, prioritized, integrated with citywide plans, and considers both budget and staff capacity. Specific focus should be integrating with the new citywide Strategic Plan. b.Workgroups, especially those directly involved with Planning and Design and asset management and maintenance, will describe, prioritize, and estimate the resources that will be required over a 6-year time horizon to protect, maintain, restore and/or enhance system “assets” such as trails, trailheads, signage, fencing, water infrastructure, cultural resources, buildings/structures, etc. The goal for a 6-year “plan for asset management” also includes a 6-year list of priority projects related to maintaining and restoring our natural resources (e.g. vegetation, wetland and wildlife). Attachment A Agenda Item 5C Page 14 c.Projects, actions, and programs in Compass, whether under CIP or Operating, are linked to the Master Plan, the SER Framework, and City Strategic Plan and can be effectively and efficiently tracked, assessed, and reported out on. d.Develop and describe OSMP’s 6-year Planning Horizon and revise its Planning Framework. As part of this: a)Inventory future planning needs and then assess and prioritize this list to develop a 6-year outlook for the planning projects and actions OSMP intends to carry out. b)Identify and prioritize specific elements of existing plans that need updating and develop a feasible, sequenced timeframe for these updates. There may be specific circumstances that call for an entire plan to be updated as well as the need for new plans. c)Prioritize and document implementation progress that has occurred and determine how best to incorporate implementation tracking into the existing plans. d)Determine how to best incorporate any new policy updates that have been adopted since plans were adopted. Attachment A Agenda Item 5C Page 15 City of BoulderLong-Term Financial StrategyCurrent and Future State Current State •68% of revenues dedicated, reducingflexibility to address needs of the moment •Underfunded core city services, expiringfunding sources – difficult to ensurereliability •Recent practice focused on short-termdecisions without a strategy for revenueapproaches and tax renewals Future State Increased flexibility of funding to meetemerging and changing needs Increased reliability through establishingguiding principles, revenue identification,and community prioritization to meet servicelevel demands A long-term strategy will help us focus moreholistically and comprehensively to supportcore service levels and community needs Attachment B Agenda Item 5C Page 16 City of BoulderLong-Term Financial Strategy Establish a Long-Term Financial Plan Conduct a Comprehensive Fee Inventory and Study Define Core Service Levels Explore Alternative Funding Mechanisms Refine Citywide Financial Policies Develop a Ballot Measure Strategy for 2025 and 2026 Attachment B Agenda Item 5C Page 17 MEMORANDUM TO: Open Space Board of Trustees FROM: Dan Burke, Director, Open Space and Mountain Parks Heather Swanson, Deputy Director of Resource Stewardship Andy Pelster, Agricultural and Water Stewardship Senior Manager Lauren Kolb, Senior Agricultural Program Manager DATE: January 15, 2025 SUBJECT: Written Information: Agricultural Workforce Housing Guidelines ________________________________________________________________________ Background Housing is a key workforce limitation that affects many economic sectors in Boulder County. In 2023, housing costs in Boulder were 48% higher than the national average1. The Open Space and Mountain Parks Department (OSMP) has a portfolio of 38 housing units that it acquired with open space land purchases. Historically, most of these residences were used for market rate housing for the public, with administration handled by a third-party property management company. With fewer agricultural lessees owning their own homes and increased local rental housing costs, the department is prioritizing these assets to support agricultural lessees. Currently, 24 of its residences are being used as affordable rentals for agricultural lessees and their farmworkers. As agricultural lessees with owned headquarters retire, staff anticipates that housing needs will increase with new lessees. Departmental staff partnered with the City Attorney’s Office to develop a set of guidelines for how the department will operate their housing unit rental program to increase transparency and ensure consistency and equity regarding the eligibility, terms, and rates for this housing. Purpose Providing housing for agricultural lessees and their farmworkers supports two open space charter purposes including the “preservation of agricultural uses and land suitable for agricultural production” and the “preservation of water resources in their natural or traditional state”. These housing units allow farmers, their families, and their workers to live near their leaseholds, enabling better land stewardship through increased presence on the land and improved response times to any animal welfare or irrigation issues. Using Boulder Housing Partner’s affordable rental rates as a framework, the department has typically provided below-market rates for all agricultural lessees and their farmworkers. However, charging these reduced rates for individuals or families with incomes exceeding Area Median Income was inequitable, both within the department’s rental portfolio and in consideration of existing policies and procedures of the city’s Housing and Human Services Department. Additionally, rental revenue from these housing units is used to maintain and update these facilities, so unnecessarily lowering rental income results in less resources for 1U.S. Bureau of Economic Analysis, "MARPP Regional price parities by MSA" (accessed Tuesday, December 17, 2024). Written Information - Item A - Page 1 ensuring adequate maintenance and reinvestment. To resolve this issue, staff developed income and household composition guidelines to determine the eligibility for affordable rental rates for agricultural lessees and their farmworkers. To ensure housing continues to best support the local need for farm workers, housing serving solely farmworkers whose incomes are derived entirely from on-farm work, affordable rental rates will be used without income verification. For all other users, household composition and household income will determine eligibility for affordable rental rates. These guidelines also provide a prioritization and assignment framework for when a housing unit becomes available through regular turnover, conversion of a market rate rental to ag workforce rental, acquisition of a property with a residential unit, or cessation of agricultural leasing activities with the city. Open Space and Mountain Parks agricultural lesees and their employees will be considered the highest priority for availabile housing. Staff will conduct an annual survey of existing agricultural lessees to assess housing needs within this group, with housing being assigned based on: •proximity to the leasehold; •the stated need for the housing in service of stewardship of OSMP land; •the existing availability and utilitzation of housing for survey participants, either privately owned or leased from the department. Compliance with Colorado Statutes Colorado House Bill 24-1098 requires that housing providers offer lease renewals to tenants at the end of every lease term with limited exceptions, including substantial repairs or renovations to the property, demolition of the property, and three or more late payments. Following guidance from the City Attorney’s Office and the department’s third-party property management company, the department will only be leasing directly to farm operators to ensure that this housing will support farmers and their workers. These farm operators can then offer housing to their workers through an employment-contingent housing arrangement. This allows the housing units to remain with a farm operation and not be tied to a specific farmworker who may or may not remain employed with that operation. For producers retiring from active agricultural leasing with the city, they will be able to remain in their rental housing if they choose to do so but will be charged market rate for their rental. Additional Policies This document also codifies additional policies regarding criminal and background checks, smoking, pets, service/companion animals, and occupancy limits. While these provisions are also present in the rental agreement with the third-party property management company, their presence in this document ensures that these policies are clear and well communicated prior to the drafting of the residential lease agreement. Next Steps Staff have forwarded these housing guidelines to all agricultural lessees for their review in November 2024 to seek feedback and comments. For lessees anticipated to be impacted by the formalization of this policy, additional efforts were made to speak to these individuals in person or by phone. Meaningful feedback will be used to amend these policies. These Written Information - Item A - Page 2 guidelines will go into effect at lease renewal for each individual housing unit. For lessees expected to experience a large increase in rent with the adoption of these housing guidelines, increases will be phased in over a period of two to three years, depending on the size of the increase to help individuals adjust budgets to account for the increases. MASTER PLAN STRATEGIES ATT.1) REDUCE MAINTENANCE BACKLOG FOR AGRICULTURE AND WATER INFRASTRUCTURE ATT.5) ENCOURAGE DIVERSE AND INNOVATIE AGRICULTURAL OPERATIONS ATT.6) SUPPORT THE SUCCESS OF RANCHERS AND FARMERS Attachments: •Attachment A: City of Boulder Ag Workforce Housing Guidelines Written Information - Item A - Page 3 City of Boulder Ag Workforce Housing Guidelines Attachment A Written Information - Item A - Page 4 Contents Background ................................................................................................................................................................... 3 Overall Goals of Ag Workforce Housing Program ...................................................................................................... 3 Fair Housing and Equal Opportunity Statement ....................................................................................................... 3 Definitions ...................................................................................................................................................................... 4 Rental Lease Assignment Procedure ........................................................................................................................... 5 Rental Rates ................................................................................................................................................................... 6 Additional Policies ........................................................................................................................................................ 9 Acknowledgements ..................................................................................................................................................... 11 Appendix A: OSMP Residential Housing Portfolio ........................................................................................... 12 Appendix B: Definition of Annual Income ................................................................................................................. 14 Appendix C: Federally Mandated Exclusions from Annual Income ........................................................................ 18 Appendix D: 2024 Boulder Area Median Income .............................................................................................. 21 Appendix E: Interested Party Questionnaire ..................................................................................................... 22 Appendix F: 2023 Boulder Housing Partners Affordable and Fair Market Rental Rates ......................... 23 Attachment A Written Information - Item A - Page 5 Ag Workforce Housing Guidelines 3 Overview The following are guidelines for how Open Space and Mountain Parks (OSMP) will operate their housing unit rental program for the benefit of the local farming and ranching community by providing affordable agricultural workforce housing. This document serves to provide transparency and equity concerning elibility, terms, and rental rates and brings the department in alignment with existing policies and procedures of the city’s Housing and Human Services Department. Background The Open Space and Mountain Parks department currently owns 38 residential units. Twenty-four of these units are currently suitable for housing to support the department’s agricultural stewardship program based on their condition and proximity to leased agricultural land. With recent departures of long-term market rate tenants and continued renovations to once-vacant OSMP housing units, staff desired to develop a set of guidelines for assigning housing to farmers and ranchers when they become available. Staff also desired to develop a set of standards for determining the rental rate for each unit, based on the income of the occupant(s), in order to accommodate the need for affordable workforce housing. The agricultural lease and the rental house lease are separate and do not constitute an agreement for exclusive use of both land and house. Each tenant is responsible for adhering to each separate lease agreement, however misuse of or eviction from a housing unit can impact the continuation of the associated agricultural lease. Agricultural land leases are managed by Agriculture and Water Stewardship staff. Residential leases are managed by a property management company on behalf of the department. City Asset Management staff administer the contract with the property management company. A table of residential properties is provided in Appendix A. Overall Goals of Ag Workforce Housing Program Housing is frequently cited as a financial burden by the local agricultural community. The primary goals of this program are to: •Use suitable OSMP residential assets to ease this financial burden and aid in the success of local agricultural producers. Successful agricultural producers are critical in helping OSMP achieve its charter purpose to preserve agricultural land and agricultural activities. •Use existing OSMP residential assets for their highest purpose and in support of OSMP chartered purposes. Stewardship of OSMP agricultural land is also enhanced by having agricultural producers and their workforce living near the properties they are leasing. Fair Housing and Equal Opportunity Statement Title VIII of t he Civil Rights Act of 1968 makes it unlawful to discriminate in any aspect relating to the rental Attachment A Written Information - Item A - Page 6 4 Ag Workforce Housing Guidelines of dwellings, or in the provision of brokerage services or facilities in connection with the rental of a dwelling, because of race, color, gender, religion, or national origin, (protected classes). The Fair Housing Amendments Act of 1988 expanded coverage of Title VIII to prohibit discriminatory housing practices based on disability and familial status (protected classes). Definitions Family From the Boulder Revised Code, Chapter 9-16, family means the heads of household plus the following persons who are related to the heads of the household: parents and children, grandparents and grandchildren, brothers and sisters, aunts and uncles, nephews and nieces, first cousins, the children of first cousins, great-grandchildren, great-grandparents, great-great-grandchildren, great-great- grandparents, grandnieces, grandnephews, great-aunts and great-uncles. These relationships may be of the whole or half blood, by adoption, guardianship, including foster children, or through a marriage or a domestic partnership meeting the requirements of Chapter 12-4, "Domestic Partners," B.R.C. 1981, to a person with such a relationship with the heads of household. Family Household A family household consists of the head of household and one or more family members. Roommates For the purposes of this guideline, roommates are defined as individuals living in the residence who are not family members as defined in the Boulder Revised Code, Chapter 9-16. Roommates would be considered a separate household, and their income would not be used in a family household income calculation. However, roommates that work off-farm will not be eligible for below-market rates, regardless of income. Non-Family Household A nonfamily household consists of the head of household living alone or with nonrelatives only, such as with roommates. Annual Income The city has adopted the Section 8 Part 5 definition of annual income (Appendix B). Annual income means all amounts expected to be received during the next 12-month period by all members of the family household eighteen years of age and older. Annual income includes amounts derived from assets to which any member of the household has access. A comprehensive list of income that is excluded from calculations of incomes can be found in Appendix C. Some commons sources of income to exclude are: •GI/Military Benefits (education, training and housing) •Live-In Aid •Rental Assistance Payments •Student Financial Assistance •Temporary, nonrecurring, or sporadic income (including gifts) Attachment A Written Information - Item A - Page 7 Ag Workforce Housing Guidelines 5 Area Median Income (AMI) The income for a median or middle household in a defined area. See Appendix D for the most recent AMI table for Boulder. Rental Lease Assignment Procedure Rental housing can become available through regular turnover, conversion of a market rate rental to ag workforce rental, acquisition of a property with a residential unit, or cessation of agricultural leasing activities with the City of Boulder. The following protocols will be followed to assign housing to agricultural tenants: 1.Agriculture and Water Stewardship staff will survey existing agricultural tenants every year to assess housing demand (see Appendix E for “interested party list”). 2.Only farm operators or farmworkers will be considered for residential assignments and will be considered in the following order: a.Open Space and Mountain Parks agricultural tenants b.Employees of Open Space and Mountain Parks agricultural tenants If there’s available stock, we will consider other tenants in this order: c.Boulder County Parks and Open Space agricultural tenants d.Employees of Boulder County Parks and Open Space agricultural tenants e.Owner/operators of farming operations not farming on OSMP BCPOS f.Employees of farming operations not leasing from City of Boulder or Boulder County 3.Residences located on newly acquired lands may be offered for lease to the property sellers if they are actively engaged in a viable agricultural operation as part of an acquisition negotiation. 4.Residencial assignments may be offered to the agricultural community through the departmental Agricultural Invitation for Proposals process. Tenants will be awarded agricultural land based on the criteria identified in the Agricultural Land Use Assignment Guidelines. Housing available to prospective tenants within a lease area will be identified in the Invitation for Proposals. 5.Only farm operators or farmworkers will be considered using the prioritization identified in #2 above. 6.Below market rates will not be offered for units where one occupant is a farmworker, and one or more additional occupants are roommates that work off-farm. 7.Farm operators that own a housing unit within twenty miles of their lease area will not be eligible to lease an OSMP residential unit for themselves, only on behalf of their farmworkers. 8.If a farm operator owns additional housing units besides their primary residence within twenty miles of their lease area, it is expected that this housing will be used for their farmworker staff prior to requesting additional housing through the department’s residential housing program. 9.Agriculture and Water Stewardship staff may award housing to existing operations identified in the periodic survey. a.Housing will be assigned based on proximity to the operation for which the individual is working, the stated need for this housing in service of stewardship of OSMP land as identified in the periodic survey, and the existing availability of housing for survey participants Attachment A Written Information - Item A - Page 8 6 Ag Workforce Housing Guidelines b.Additional consideration will be given towards matching the stated housing need versus the size of available housing. By way of example but not limitation, an operation needing housing for one person would not rank highly for an available three-bedroom rental unit, unless additional bedrooms are needed for and limited to family members as defined in the Boulder Revised Code, Chapter 9-16. c.Residential assignments may change based on the results (demand, proximity, etc.) of the periodic housing survey. d.Residential assignments will only be made as a result of the periodic housing survey. e.Residential lease contracts will be assigned to farm operators/ agricultural tenants and not to individual farmworkers unless otherwise approved by staff. f.All residential lease contracts will be one year or less in length. 10.The final discretion of housing assignments belongs to Agriculture and Water Stewardship Staff. There is no appeal process. Rental Rates The offering of below-market residential units for agricultural tenants and their farmworkers is dependent on household composition and the self-certification of household income. For housing units serving just farmworkers, the rental rates will be at the median per bedroom pricing identified by Boulder Housing Partner’s affordable rental rates (See Appendix F for 2023 rental rates). Rent will be charged based on the number of bedrooms in use. For housing serving ag tenants or farmworkers with additional family household members that work off-farm, affordable rental rates will be offered if family household income is below 80% AMI. For household incomes greater than 80%, but less than 100%, the rent will be adjusted to a percentage of market rate, between 80 and 99%. For households with income above 100% AMI, rent will be set at market rate, as determined by the property management company the department contracts with. Self-Certification of Income To receive a below-market rate for housing, perspective tenants must self-certify on behalf of their entire family household. The verifiable income of all household members 18 years of age and older must be included. The following methods of self-certification may be used: •Tenant written affidavit statement & certification •Tenant provided income tax form(s) •Proof of enrollment in any one of the following programs: •Social Security Disability Insurance (SSDI) •Supplemental Security Income (SSI) •If Social Security is the only source of income and an individual is not required to file taxes, use form SSA-1099 •State of Colorado Low-Income-Energy Assistance Program (LEAP) •Colorado’s Weather Assistance Program (WAP) •Xcel Energy’s Income Qualified DSM Programs (Line 11 – Adjusted Gross Income is used) •Xcel Income-Qualified Community Solar Garden Program Attachment A Written Information - Item A - Page 9 Ag Workforce Housing Guidelines 7 Annual Recertification The city will recertify tenant income on an annual basis. Typically, each household’s income will be examined on the anniversary of the original income evaluation or at lease renewal. However, the property manager may adopt an annual schedule and perform all verifications at the same time. Changes in Household Composition If an additional person moves into a below-market rental housing unit, that new member must be fully certified. The household income is based on the existing resident’s income at the most recent certification combined with that of the new household member. It is not necessary to recertify the entire household unless the recertification is currently due for the existing household members. If the new combined household income is above 100% AMI, the rent will be adjusted to market rate. If the new combined household income is above 80%, but less than 100% of AMI, the rent will be adjusted to a percentage of market rate, between 80 and 99%. Attachment A Written Information - Item A - Page 10 8 Ag Workforce Housing Guidelines I think I meet the above criteria, what will the rent be? Attachment A Written Information - Item A - Page 11 Ag Workforce Housing Guidelines 9 Additional Policies Criminal and Background Checks Credit and criminal history checks will be run by the property manager on all applicants over the age of 18 prior to moving into the city’s housing. The reports are not shared with Agriculture and Water Stewardship staff unless the property manager flags an application due to bad credit, history of evictions or a negative criminal record. Applicants with a conviction for a felony drug-related crime, violent crime or crimes that could threaten the health, safety or right to peaceful enjoyment of other residents or OSMP staff will be rejected. Rental Arbitrage Rental arbitrage, the practice of renting a long-term rental on a short-term basis, is not permitted in the city’s rental units. Smoking Policy Smoking is prohibited anywhere on OSMP property, including inside residential units. Smoking means inhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including water pipes (“hookahs”). Smoking also includes the use of an electronic smoking device (“e-cig”) which creates an aerosol or vapor, in any manner or form, including by use of materials for “vaping”. Occupancy Limits While there are no federal regulations governing the number of persons allowed to occupy a unit, the city will use the International Property Maintenance Code (IPMC) to regulate residential occupancy based on the number and size of bedrooms in each unit. Due to septic system capacity constraints in all Open Space and Mountain Parks-owned rental dwellings, the maximum total occupancy of a dwelling unit, regardless of familial status, will be no higher than two people per bedroom. Additionally, all bedrooms with one person must have at least 70 square feet and shared bedrooms must have at least 50 square feet per person. Kitchens and other non-habitable rooms cannot be used as a bedroom. Additional information regarding local occupancy limits may be found in the following links: City of Boulder: https://bouldercolorado.gov/occupancy-limits Pet Policy Select residential units located in sensitive wildlife habitat areas will not be allowed to have any pets. These stipulations will be made known to the prospective tenant at the time of housing offer. For all other homes, the following policy applies: Ag tenants and their permanent staff are allowed to have pets or working dogs under the following conditions: 1.There is a maximum of two (2) pets per household; AND 2.The resident must pay a one-time non-refundable pet fee of $150 that covers all animals in the household, in addition to the security deposit required for the unit and a $150 refundable pet Attachment A Written Information - Item A - Page 12 10 Ag Workforce Housing Guidelines deposit per approved pet; AND 3.Cats must be kept inside; AND 4.No pets will be allowed to roam outside the residential lease area; AND 5.Dogs must weigh under seventy (70) pounds; AND 6.Any dog under one year of age must get prior written approval; AND 7.The resident must submit copies of current vaccination and spay/neuter records, copies of pet license as required by local municipalities and a photo of each animal. The city reserves the right to deny pets in the household based on species and/or behavior. All household members must comply with the Pet Policy. Service/Companion Animals: The City of Boulder does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its programs or activities. The above pet requirements do not apply to Service Animals that are trained to perform a task directly related to a person’s disability. Individuals requiring a Service Animal(s) must request Reasonable Accommodation through their property manager. Renewal of Lease Agricultural Tenants A lease to rent an OSMP housing unit through the city’s property management company is a contract. Deficiencies will be noted through a formal process, outlined in the residential lease. A lease contract expires at the end of the time period specified in the lease, typically one year. In accordance with state law, if the agricultural tenant desires to renew the residential lease, the property manager will renew the lease unless there is cause for eviction or conditions for a no-fault eviction are met. If farming operations on city property cease, through termination or non-renewal of the agricultural lease and the tenant desires to remain in OSMP housing, the residential lease renewal will only be offered at market rate, as determined by the property manager. Agricultural Workers Residential leases for ag worker housing are made with their employer, the agricultural tenant. Agricultural workers will be held to the same standards as their employers in the residential lease. The agricultural tenant is ultimately responsible for ensuring that all provisions of the residential lease are satisfied by the occupants of the agricultural worker housing. An employer-provided housing license t must be used to codify occupation of the premises. This document must be signed by all intended occupants of the premises and submitted to the property manager at the time of background check. Other Policies The property management company will have additional terms and policies not described above but will be present in the lease agreement. Occupants of this housing will be responsible for ensuring compliance with these provisions. Attachment A Written Information - Item A - Page 13 Ag Workforce Housing Guidelines 11 Acknowledgements We gratefully acknowledge assistance from Shelly Conley from the City of Boulder’s Housing and Human Services department for their crash course on the affordable workforce housing model. We have used their developed content on income for this document. We also referenced pet policies from Boulder Housing Partners and Boulder County Housing Authority to develop OSMP’s pet policy. We would also like to acknowledge the careful review of this policy by Janet Michels, Senior Counsel, and Brooks Fordham, legal intern, in the city attorney’s office. Appendices Appendix A: OSMP Residential Housing Portfolio Appendix B: Definition of Annual Income Appendix C: Federally Mandated Exclusions from Annual Income Appendix D: 2024 Boulder Area Median Income Appendix E: Interested Party Questionnaires Appendix F: 2023 Boulder Housing Partners Affordable and Fair Market Rental Rates Attachment A Written Information - Item A - Page 14 12 Ag Workforce Housing Guidelines Appendix A: OSMP Residential Housing Portfolio Housing stock currently leased for agricultural tenants or their employees Property Name Bedrooms Monthly Rent Shanahan 3 $500 Church 2 $0 Manchester 3 $1,300 Martinson I 2 $800 Martinson II 2 $800 BVF South 3 $900 FCPF Ranch 2 $1350 Delier 2 $1000 BVF Apartment 2 $1050 BVF 3 $800 BVF Brick House 3 $1350 Schooley 3 $1350 BVR House / Apt. 3 $850 Dagle 2 $890 DeLuca 3 $1350 Hunter-Kolb 3 $1,100 Spicer 2 $1,025 ERTL 3 $1,130 Hartnagle 3 $1,250 Housing currently leased at market rate Property Name Bedrooms Monthly Rent Hodge 3 $2100 Hedgecock 3 $900 Kolb 4 $2,300 Ellison 2 $2,200 Axelson I 3 $2,300 Knaus 2 $2,100 Joder 4 $2,800 Attachment A Written Information - Item A - Page 15 Ag Workforce Housing Guidelines 13 Housing currently not leased to any party Property Name Bedrooms Reason Lewis 2 Under renovation Joder (Cox) Crew housing Eisenberg Crew housing Hedgecock I 3 Needs renovation Rocky Mountain Riding Center 1 Needs renovation Anna Dunn – FHNC House Staff use FCPF Historic Home 5 Needs renovation Hawkins House 3 Staff use Johnson Historic Home 3 Needs renovation Roseview Cabin 1 Uninhabitable Viele Historic Home 3 Needs renovation Attachment A Written Information - Item A - Page 16 14 Ag Workforce Housing Guidelines Appendix B: Definition of Annual Income 24 CFR, Part 5, Subpart F (Section 5.609) §5.609 Annual Income. a.Annual income means all amounts, monetary or not, which: 1.Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or 2.Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and 3.Which are not specifically excluded in paragraph (c) of this section. 4.Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access. b.Annual income includes, but is not limited to: 1.The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services; 2.The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family; 3.Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in paragraph (b)(2) of this section. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD; 4.The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in paragraph (c)(14) of this section); Attachment A Written Information - Item A - Page 17 Ag Workforce Housing Guidelines 15 5.Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except as provided in paragraph (c)(3) of this section); 6.Welfare assistance payments. i.Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income only to the extent such payments: A.Qualify as assistance under the TANF program definition at 45 CFR 260.31; and B.Are not otherwise excluded under paragraph (c) of this section. ii.If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of: A.The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus B.The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage. 7.Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling; 8.All regular pay, special pay and allowances of a member of the Armed Forces (except as provided in paragraph (c)(7) of this section). 9.For section 8 programs only and as provided in 24 CFR 5.612, any financial assistance, in excess of amounts received for tuition, that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq. ), from private sources, or from an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except that financial assistance described in this paragraph is not considered annual income for persons over the age of 23 with dependent children. For purposes of this paragraph, “financial assistance” does not include loan proceeds for the purpose of determining income. c.Annual income does not include the following: 1.Income from employment of children (including foster children) under the age of 18 years; Attachment A Written Information - Item A - Page 18 16 Ag Workforce Housing Guidelines 2.Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone); 3.Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in paragraph (b)(5) of this section); 4.Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member; 5.Income of a live-in aide, as defined in 24 CFR § 5.403; 6.Subject to paragraph (b)(9) of this section, the full amount of student financial assistance paid directly to the student or to the educational institution; 7.The special pay to a family member serving in the Armed Forces who is exposed to hostile fire; i.Amounts received under training programs funded by HUD; ii.Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS); iii.Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, childcare, etc.) and which are made solely to allow participation in a specific program; iv.Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time; v.Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must Attachment A Written Information - Item A - Page 19 Ag Workforce Housing Guidelines 17 be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program; 9. Temporary, nonrecurring or sporadic income (including gifts); 10.Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era; 11.Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse); 12.Adoption assistance payments in excess of $480 per adopted child; 13.[Reserved] 14.Preferred periodic amounts from supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts. 15.Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit; 16.Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or 17.Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the FEDERAL REGISTER and distributed to PHAs and housing owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary. Attachment A Written Information - Item A - Page 20 18 Ag Workforce Housing Guidelines Appendix C: Federally Mandated Exclusions from Annual Income The Following is the list of benefits that currently qualify for this income exclusion. 1.The value of the allotment provided to an eligible household under the Food Stamp Act of 1977 (7 U.S.C. 2017(b)) 2.Payments to Volunteers under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5044(f)(1), 5058) 3.Certain payments received under the Alaska Native Claims Settlement Act (43 U.S.C. 1626(c)) 4.Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes (25 U.S.C. 459e) 5.Payments or allowances made under the Department of Health and Human Services’ Low- Income Home Energy Assistance Program (42 U.S.C. 8624(f)) 6.Income derived from the disposition of funds to the Grand River Band of Ottawa Indians (Pub. L.94–540, section 6) 7.The first $2000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the U.S. Claims Court, the interests of individual Indians in trust or restricted lands, including the first $2000 per year of income received by individual Indians from funds derived from interests held in such trust or restricted lands (25 U.S.C. 1407) Please note the recipient may need to examine certain per capita shares to determine whether the proceeds are covered by this provision, such as bingo and gambling proceeds. Although some gaming funds are called “per capita payments”, the National Indian Gaming Commission’s General Counsel and the Solicitor’s office of the Department of the Interior confirmed that the proceeds of gaming operations regulated by the Commission are not funds that are held in trust by the Secretary for the benefit of an Indian tribe, therefore, they do not qualify as per capita payments within the meaning of the Per Capita Distribution Act. Also, if a tribal member receives the Form 1099-Misc, Miscellaneous Income, from the tribe for reporting Indian gaming profits, this payment does not qualify for this provision. These gaming profits are income that must be included as annual income as defined by HUD’s Section 8 Program, the Census, and the IRS. Further, the tribal member must report this miscellaneous income on the “other income” line of the Federal Income tax 1040 Form; Attachment A Written Information - Item A - Page 21 Ag Workforce Housing Guidelines 19 8.Amounts of scholarships funded under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070), including awards under federal work-study programs or under the Bureau of Indian Affairs student assistance programs (20 U.S.C. 1087uu). 9.Payments received from programs funded under title V of the Older Americans Act of 1965 (42 U.S.C. 3056g) 10.Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund (Pub. L. 101–201) or any other fund established pursuant to the settlement in In Re Agent Orange Liability Litigation, M.D.L. No. 381 (E.D.N.Y.) 11.Payments received under the Maine Indian Claims Settlement Act of 1980 (Pub. L. 96–420, 25 U.S.C. 1721) 12.The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858q) 13.Payments by the Indian Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation (Pub. L. 95–433) 14.Allowances, earnings and payments to AmeriCorps participants under the National and Community Service Act of 1990 (42 U.S.C. 12637(d)) 15.Any amount of crime victim compensation (under the Victims of Crime Act) received through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of a crime against the applicant under the Victims of Crime Act (42 U.S.C. 10602(c)) 16.Allowances, earnings and payments to individuals participating in programs under the Workforce Investment Act of 1998 (29 U.S.C. 2931(a)(2)) 17.Any amount received under the Richard B. Russell School Lunch Act (42 U.S.C.1760(e)) and the Child Nutrition Act of 1966 (42 U.S.C. 1780(b)), including reduced-price lunches and food under the Special Supplemental Food Program for Women, Infants, and Children (WIC) 18.Payments, funds, or distributions authorized, established, or directed by the Seneca Nation Settlement Act of 1990 (25 U.S.C. 1774f(b)) 19.Payments from any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts as provided by an amendment to the definition of annual income in the U.S. Housing Act of 1937 (42 U.S.C. 1437A) by section 2608 of the Housing and Economic Recovery Act of 2008 (Pub. L. 110– 289). This exclusion will apply when an IHBG recipient adopts the Section 8 definition of annual income Attachment A Written Information - Item A - Page 22 20 Ag Workforce Housing Guidelines 20.A lump sum or a periodic payment received by an individual Indian pursuant to the Class Action Settlement Agreement in the case entitled Elouise Cobell et al. v. Ken Salazar et al., 816 F. Supp. 2d 10 (Oct. 5, 2011 D.D.C.), as provided in the Claims Resolution Act of 2010 (Pub. L. 111–291). This exclusion will apply for one year from the time that payment is received. 21.Major disaster and emergency assistance received by individuals and families under the Robert T.Stafford Disaster Relief and Emergency Assistance Act (Pub. L. 93–288, as amended) comparable disaster assistance provided by States, local governments, and disaster assistance organizations shall not be considered as income or a resource when determining eligibility for or benefit levels under federally funded income assistance or resource-tested benefit programs (42 U.S.C. 5155(d)). Attachment A Written Information - Item A - Page 23 Ag Workforce Housing Guidelines 21 Appendix D: 2024 Boulder Area Median Income AMI % 1 person 2 person 3 person 4 person 5 person 6 person 50 $51,100 $58,499 $65,700 $73,000 $78,850 $84,700 60 $61,320 $70,080 $78,840 $87,600 $94,620 $94,620 70 $71,540 $81,760 $91,980 $102,200 $110,390 $110,390 80 $81,760 $93,440 $105,120 $116,800 $126,160 $126,160 90 $91,980 $105,120 $118,260 $131,400 $141,930 $141,930 100 $102,200 $116,800 $131,400 $146,000 $157,700 $157,700 Attachment A Written Information - Item A - Page 24 22 Ag Workforce Housing Guidelines Appendix E: Interested Party Questionnaire Who is the housing for? How many farm employees do you have working greater than 50% of their time on your OSMP lease area? Of these employees, how many need housing? What is the minimum number of bedrooms that you need? Is that number changing in the next two years? To what number? Generally, where do you need your housing to be located? What other housing options have you explored? What other housing is available to you that you are not pursuing? Why? Will the prospective tenants be able to abide by these guidelines? Attachment A Written Information - Item A - Page 25 Ag Workforce Housing Guidelines 23 Appendix F: 2023 Boulder Housing Partners Affordable and Fair Market Rent Affordable Ranges of Rent: Studio: $614 –$1,228 1 Bedroom: $658 – $1,316 2 Bedroom: $789 – $1,579 3 Bedroom: $912– $1,824 4 Bedroom: $1,017 – $2,035 Fair Market Rent Studio: $1,397 1 Bedroom: $1,578 2 Bedroom: $1,911 3 Bedroom: $2,541 4 Bedroom: $3,005 Attachment A Written Information - Item A - Page 26