You are on page 1of 172

PARKS & RECREATION ADVISORY BOARD

City Council Chambers, 1777 Arapahoe Avenue


6:00 p.m., October 22, 2018

AGENDA
All agenda �mes are approximate Boulder Parks & Recrea�on
I. APPROVAL OF AGENDA (6:00) Advisory Board Members 2018

II. FUTURE BOARD ITEMS AND TOURS (6:01) Tom Klenow (Chair)
III. PUBLIC PARTICIPATION (6:03) Jennifer Kovarik (Vice-Chair)
This por�on of the mee�ng is for members of the public to communicate ideas or concerns to Allison Fronzaglia
the Board regarding parks and recrea�on issues for which a public hearing is not scheduled later Mary Sco�
in the mee�ng (this includes consent agenda). The public is encouraged to comment on the need
for parks and recrea�on programs and facili�es as they perceive them. All speakers are limited to Raj Seymour
3 minutes. Depending on the nature of your ma�er, you may or may not receive a response from Valerie Yates
the Board a�er you deliver your comments. The Board is always listening to and apprecia�ve of Pamela Yugar
community feedback.

IV. CONSENT AGENDA (6:15) Mission Statement


A. Approval of minutes from September 24, 2018 BPRD will promote the health and well-
being of the en�re Boulder community
B. Parks and Recrea�on Development and Opera�ons Update by collabora�vely providing high-quality
parks, facili�es and programs.
V. ITEMS FOR ACTION (6:20)
A. Public Hearing and Considera�on of a Mo�on to Approve the Parks
and Recrea�on Advisory Board’s Recommenda�on to City Council Vision Statement
Concerning the Conveyance of Two Permanent Easements on City Park We envision a community where every
Land (Sco� Carpenter Park), Pursuant to City Charter Sec. 162, to the member’s health and well-being is
Proposed Grantees for Opera�on of an Irriga�on Ditch founded on unparalleled parks, facili�es
and programs.
VI. ITEMS FOR DISCUSSION/INFORMATION (6:50)
A. Boulder Reservoir Concession Lease
B. 2019 Opera�ng Budget and Recrea�on Fee Update Goals of the Master Plan
1. Community Health and Wellness
VII. MATTERS FROM THE DEPARTMENT (7:20) 2. Taking Care of What We Have
A. Harbeck-Bergheim House Update 3. Financial Sustainability
B. Op�ons to Update and Improve the City’s Mosquito 4. Building Community
Management Program 5. Youth Engagement
C. Guidelines for Cyclocross in Urban Parks 6. Organiza�onal Readiness

VIII. MATTERS FROM BOARD MEMBERS (7:40)


A. PRAB Retreat – Part One
(1) Review City Charter and PRAB roles For more informa�on on BPRD Master
(2) Discuss Mee�ng Management Plan visit the City of Boulder web site
(3) Review of Presenta�on Guidelines at: h�ps://bouldercolorado.gov/pages/
(4) Public Mee�ngs, Open Records, Boulder’s Code of Contact parks-recrea�on-master-plan
(5) Mentoring and Onboarding
B. PRAB Community Engagement Updates (verbal)
This por�on of the mee�ng is for members of the board to report on PRAB’s annual work
plan goal of each member: a�ending two or more parks and recrea�on-related community
ac�vi�es per month; promo�ng parks and recrea�on through social media; a�ending site
tours; and suppor�ng the department’s partnership ini�a�ves.

IX. NEXT BOARD MEETING: November 19, 2018


X. ADJOURN
100 Years of Excellence
PARKS & RECREATION ADVISORY BOARD

Future Board Items 2018

January 22 February 26 April 2 (rescheduled March mee�ng)


• Service Delivery Update (d/i) • Boulder County Farmers Market • Boulder County Farmers Market
License (a) License (a)
• Public Restrooms in Parks (d/i)
• Boulder County Farmers Market • Agreement with BVSD Regarding
• Boulder County Farmers Market
Update (d/i) Collabora�ve Efforts for Summer
(md)
• Sco� Carpenter McCarty Ditch Learning and YSI (d/i)
• PRAB Le�er to Council Update (mb)
Easement (d/i) • Urban Forest Strategic Plan (d/i)
• Board Recruitment (mb)
• Updates to the Integrated Pest • Xcel Energy Property Rights
• PRAB Community Engagement (mb) Management Policy (d/i) Agreement (md)
• PRAB Community Engagement (mb) • Universal Design Project (md)
• PLAY Founda�on Update (mb)
• New Member Orienta�on (mb)
• PRAB Community Engagement (mb)
• Outgoing Member Comments (mb)

April 23 June 4 (rescheduled May mee�ng) June 25


• Board appointments (p) • Urban Forest Strategic Plan (a) • 2019-24 CIP (3rd touch) (a)
• Elec�on of officers (p) • 2019-24 CIP (2nd touch) (d/i) • Harbeck-Bergheim House
• Foothills Parkeway Bicycle and Community Engagement Update
• First mee�ng for new Board (md)
members (p) Pedestrian Underpass (md)
• Asset Management Program • Opera�ng Budget Update (md)
• Agreement with BVSD Regarding
Collabora�ve Efforts for Summer (AMP) Team Overview (md) • 2019-24 Greenways Capital
Learning and YSI (a) • Budget Update (md) Improvement Program (mb)
• Contract for Concession Services • PRAB Community Engagement (mb) • PRAB Community Engagement (mb)
at Fla�rons Golf Course (a)
• 2019-2024 CIP (1st touch) (d/i)
• Amendment to the Contract for
Concessions Services at Fla�rons
Golf Course (d/i)
• Board Liaison Discussion (mb)
• PRAB Community Engagement (mb)
July 23 August 27 September 24
• Elec�on of Vice-Chair (p) • Prairie Dog Working Group • Boulder Creek Fes�val Contract
Update (d/i) (a)
• Central Boulder Planning Update
(md) • Cyclocross Guidelines (md) • Boulder Creek Fes�val Contract
• Civic Area Bookend PRAB Liaison (d/i)
• Harbeck-Bergheim House
Engagement Outcomes (md) (mb) • WRAB Aqua�cs Nuisance Species
• EAB Joint Mee�ng Prepara�on Update (md)
• Mobile Vending Update (md)
(mb) • Opera�ng Budget Update (md)
• PRAB Community Engagement (mb)
• PRAB Retreat Planning (mb) • EAB Board Update (mb)
• PRAB Community Engagement (mb) • PRABNew Member Onboard (mb)
• PRAB Retreat Agenda Review
(mb)
• PRAB New Member Applica�on
Review (mb)
• PRAB Community Engagement (mb)

100 Years of Excellence


PARKS & RECREATION ADVISORY BOARD

Future Board Items 2018 - con�nued

October 22 November 26 December 17


• Boulder Reservoir Concession • Boulder Reservoir Concession • Asset Management Plan (md)
Lease (d/i) Lease (a) • Finalize 2019 PRAB Work Plan (mb)
• 2019 Opera�ng Budget and • Capital Project Update (md) • PRAB Community Engagement (mb)
Recrea�on Fee Update (d/i) • PRAB Retreat Follow Up (mb)
• Harbeck – Bergheim House • PRAB Goals for City Council Work
Update (md) Session (mb)
• Guidelines for Cyclocross in Urban • PRAB Community Engagement (mb)
Parks (md)
• Op�ons to Update and Improve
the City’s Mosquito Management
Program (md) Please confirm
given Council adjustments
• PRAB Retreat Follow Up (mb)
• PRAB Community Engagement (mb)

LEGEND
Procedural Item: (p): An item requiring procedural a�en�on
Consent Item (c): An item provided in wri�en form for consent, not discussion by the Board; any consent
item may be called up by any Board member for discussion during the ma�ers
from the department
Ac�on Item (a): A public hearing item to be voted on by the Board (public comment period provided)
Disc/Info Item(d/i): An item likely to become a future ac�on item (or council item) and/or that benefits from
an in-depth presenta�on of background, financial/social/environmental impacts, public
process, staff analysis and next steps (e.g., presenta�on of major project ini�a�ve)
Ma�ers from Dept (md): Items that will be reviewed and discussed during the mee�ng but not requiring the level
of in-depth analysis of an ac�on or discussion/informa�on item
Ma�ers from the Bd (mb): Items ini�ated by the Board that will be reviewed and discussed during the mee�ng but
not requiring the level of in-depth analysis of an ac�on or discussion/informa�on item

100 Years of Excellence


PARKS & RECREATION ADVISORY BOARD

COMMUNITY TOUCHES - The City has recently been working on an update to the calendar of all city events
for community use. Please view the calendar online for all of the latest updates for upcoming events. We are
encouraging staff and the community to be aware of and use the new tool.

h�ps://bouldercolorado.gov/calendar
The event list can be filtered to see only Parks and Recreation events by choosing ‘Recreation’ from the dropdown
menu at the top of the page, and then clicking on the submit button.

If you would like more information about any of the events, just use the link above and select the event you are
interested in. Additional information will appear at the botton of the page with a link directly to the event web page.

Below is a sample of what you will see, once filtered. For live links or the most up to date information, please use the
link above.

100 Years of Excellence


PARKS & RECREATION ADVISORY BOARD

100 Years of Excellence


TO: Parks and Recreation Advisory Board

FROM: Yvette Bowden, Director, Parks and Recreation Department


Ali Rhodes, Deputy Director
Jeff Haley, Planning, Design and Community Engagement Manager

SUBJECT: Consent Agenda

DATE: October 22, 2018

A. Approval of Minutes from September 24, 2018

B. Parks and Recreation Development Update


The following information is intended to provide the PRAB with relevant updates on specific
projects as they reach major milestones. This section is not all inclusive of all current projects
and only illustrates major project updates. For a complete list of all current projects and details,
please visit www.BoulderParkNews.org.

Planning and Design


The following projects are currently in the planning and design process that involves research,
alternatives analysis, public involvement and development of planning documents and design
plans to guide decision making and future capital improvements.

• Planning Projects Underway: Staff or consultants continue to work on the following


projects and will update the PRAB as major milestones are achieved:

o Asset Management Program;


o Beehive Asset Management Software Implementation;
o Boulder Reservoir South Shore Site Management Plan;
o Civic Area East Bookend; and
o Design Standards Manual (previously Parks Planning, Construction, Operations
and Maintenance Manual).

Construction
The following projects are scheduled for construction, under construction or have been
recently completed. For additional details please visit www.BoulderParkNews.org.

3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200


• Construction Projects Underway: Staff or contractors continue to work on the
following projects and will update the PRAB as major milestones are achieved:

o Lighting Ordinance Compliance

Natural Lands
The following projects, focused on habitat and wildlife management in an urban environment,
are currently being managed by the Urban Resources staff:

• Integrated Pest Management (IPM): The IPM and Conservation Crew continues to
control state listed noxious weed species, particularly in areas previously closed for the
protection of wildlife species of special concern. Areas treated include, but are not
limited to, the Dry Creek, Little Dry Creek East and West natural areas around the
Boulder Reservoir and the Tom Watson Park natural area.

• Mosquito Management: Staff continues to participate in the update of the city’s


Mosquito Management Plan. The city’s Integrated Pest Management Coordinator is
providing a full update to the PRAB at this meeting. Please see the attached memo for
additional information.

• Urban Wildlife Management: Staff continues to coordinate on citywide prairie dog


relocation projects and priorities. The annual relocation of prairie dogs from Foothills
Community Park has begun. This effort is part of an annual program to maintain areas
targeted by prior relocation efforts. All work is done per the Urban Wildlife Management
Plan and other applicable city policies.

The Prairie Dog Working Group’s Phase 2 Recommendations, shared with the PRAB at
the August 27, 2018 meeting, were presented with minor modifications to City Council
on October 16, 2018. The information presented can be accessed by going to page 352
of the October 16 council packet.

C. Operations Update

New Recreation Manager for Programs and Partnerships


The department is pleased to announce the promotion of Megann Lohman to the role of
Recreation Manager for Programs and Partnerships, with oversight over both department and
partner provided program areas. Megann joined the department just over six years ago, serving
various roles in with the sports programming team before beginning her most recent position as
the NBRC Facility Supervisor, in 2015. Prior to joining the department, Megann held several
management positions in the retail and restaurant industries, preparing her to lead a division in
the department.

Megann understands the “power of the team” and is eager to build upon her experiences in
leading the NBRC, centers teams, and Learning and Growth matrix teams to support new teams
and teammates. Megann holds a Bachelor of Science in Recreation Administration with a minor
in coaching and is pursuing her Master’s in Public Administration. Through her graduate
program, Megann regularly devotes research opportunities and coursework to addressing
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
department questions, such as how to best support employee engagement or how to enhance
customer service.

Megann’s immediate priorities include supporting the development of the division’s 2019 work
plans and the department’s efforts to fulfill grants awarded by the Health Equity Advisory
Committee for 2018 and 2019.

Snow Operations
In preparation for winter, staff is readied to support the community for snow events, such as what
was experienced on October 7th. For each snow event, over 30 department staff report in shifts
to support snow removal on major transportation corridors (such as the Boulder Creek Path) and
at city facilities (including recreation centers, the Pearl Street Mall, and sidewalks adjacent to
park) to perform approximately 77.7 acres (58 NFL football fields) of shoveling and plowing.
Staff is committed to meeting city standards for snow removal as well as providing safe and
accessible means of transport throughout our community. Other snow removal details performed
by department staff include:

• Hand Shoveling = 14,455 square feet (sq. ft.)


• Path Plowing by Utility Vehicle = 1,032,411 sq. ft.
• Path Plowing by Truck = 609,270 sq. ft.
• Plowing of Parking Lots and Driveways = 1,729,312 sq. ft.

3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200


CITY OF BOULDER
BOULDER, COLORADO
BOARDS AND COMMISSIONS MEETING MINUTES
To listen to the Parks and Recreation Advisory Board meetings in their entirety, please go to the
following link: www.boulderparks-rec.org

Name of Board/Commission: Parks and Recreation Advisory Board


Date of Meeting: September 24, 2018
Contact Information Preparing Summary: Sarah DeSouza, 303-413-7223
Board Members Present: Tom Klenow, Jennifer Kovarik, Mary Scott, Pamela Yugar, Raj
Seymour, Alli Fronzaglia and Val Yates
Board Members Absent: None
Staff Present: Yvette Bowden, Jeff Haley, Denise White, Sarah DeSouza, Justin Greenstein,
Jackson Hite, Bryan Beary, Keith Williams, Lena Dow, Stacy Cole
Guests Present: No guests present
Type of Meeting: Advisory/Regular
Agenda Item 1: Call to Order
The meeting was called to order at 6:00 p.m. The agenda was approved as amended. Later in the
meeting Klenow requested that an amendment be made to move the Discussion Item to before the
Action Item. The motion was made and approved.
Agenda Item 2: Future Board Items and Tours
Bowden reviewed upcoming community touch opportunities. These events can be found at
www.BoulderParks-Rec.org
Agenda Item 3: Public Participation

Agenda Item 4: Consent Agenda


A. Approval of Minutes from August 27, 2018
Minutes from August 27, 2018 were approved as written.

B. Parks and Recreation Development and Operations Update


Consent agenda was submitted as written.
• The Board had no comments on this item.

Agenda Item 5: Action Item

A. Public Hearing and Consideration of a Motion to Approve the Boulder Creek


Festival Production Contract

This item was moved to after the Discussion/Information Item on the same topic.

Bowden presented this item to the Board.

Public Hearing was opened.


Ann Marie Jensen, Boulder resident and former PRAB member, spoke in regard to the
Boulder Creek Festival and in support of Boulder Creek Events as a successful event producer.

The Board had no discussion about the item.

Seymour made the following motion:

Motion to approve the Agreement to Contract for Boulder Creek Festival® Production
Services and authorize the City Manager to make minor amendments prior to or during
the term of this agreement to ensure that the Boulder Creek Festival® is managed in a
manner that is consistent with applicable laws and the goals, policies and regulations of
the City of Boulder.

The Motion was seconded by Yates.

The motion passed 5-1 (Yugar opposed; Scott abstained)

Agenda Item 6: Discussion Item

A. Boulder Creek Festival Production Contract

Bowden presented this item to the Board.

PRAB members shared the following comments/questions about this item:


• Has the city reviewed the status of other events presented by TPP?
• Are representatives of TPP in attendance at this meeting?
• Will TPP provide free booth space to non-profit agencies at future festivals?
• Did the BCE contract require a set percentage be given to non-profit agencies?
• When the city conducts these processes, is public input typically obtained?
• Does the city typically proceed from an RFQ process directly to contract award?
• BCE’s responses were not deemed responsive to the specific questions asked in the
RFQ.
• Are there specific procedural rules to inform this vote?
• Is it an option to consider an RFP?
• If both companies were considered “qualified”, would issuing an RFP be the next step
in the process to determine the awardee?
• Could the city provide a one or two year extension to address the concerns of BCE?
• This process might leave a “bad taste” for BCE after putting on the event for 20 years.
• An RFP process would address the concerns and changes the city wants to see and how
organizations would meet the new requirements.
• The RFQ changed the focus of the BCF event from the past to the new approach
outlined in the “six pillars”.
• BCE is a qualified event producer.
• Plan brought forward by TPP was more responsive to the “six pillars” identified in the
RFQ.
• TPP has the qualifications the city desires and is in line with the “six pillars”.
• Did BCE address the six pillars in their response to the RFQ?
• How much time would it add if the city were to go to an RFP?
• Can a Board member abstain from voting?
• There is insufficient time to conduct an RFP.
• The RFQ clearly stated the contract could be awarded after an RFQ.
• Have references been checked?
• Concerned that the process has resulted in a situation where it is not perfectly clear that
the RFQ could be the final determining document.
• The city, as the owner of the event, should be able to choose the provider that meets the
city’s goals for producing the city-owned event.
• The process is not invalid.
• Support the work that staff and those involved in the decision making process.
• Thanks to both companies(TPP and BCE) for speaking at this hearing.
• Appreciate the conversation and feel informed on the issue and ready to vote.

Agenda Item 7: Matters from the Department

A. WRAB Aquatics Nuisance Species Update


Bowden and Cole presented this item to the Board.

PRAB members shared the following comments/questions about this item:


• Is the Boulder Reservoir gate staffed after Labor Day?
• Inspection is very easy and seamless.
• Reference material is helpful for understanding the importance of inspection.
• This is great information for the public.
• Staff at the Boulder Reservoir are very helpful and knowledgeable
• Is a broad campaign needed when all boats entering the Boulder Reservoir are inspected
and all boaters are informed of Boulder Reservoir ANS requirements?
• Can ANS be spread by mechanisms other than by boat?

B. Operating Budget Update


Hite presented this item to the Board.
PRAB members shared the following comments/questions about this item:

• Appreciation for the hard work and difficult decisions made by staff.

Agenda Item 8: Matters from the Board


A. Ecosystems, Climate Change and Community Well-Being – Joint Advisory Board
Meeting Update
• Meeting was beneficial and informative.
• Consensus that growth and development is a major issue affecting Boulder.
• Enjoyed meeting people from other boards and discussing issues and hearing different
viewpoints and perspectives.
• Structure of the meeting limited option development.
• This type of meeting provides exposure to different boards and learning how they work.

B. PRAB New Member Mentor/On-Boarding


• Mentor assignements and on-boarding will be discussed at the PRAB retreat in October

C. PRAB Retreat Agenda Review


• A Doodle poll will be conducted to identify meeting dates in November and December.

D. PRAB Community Engagement Updates - Board members attended the following


activities/meetings/tours: Attended the Duck Race; Movie in the Park; McGuckins
“Round-Up”; Volunteered at Jai Pur Festival; Octoberfest Festival; EAB Joint Advisory
Board meeting; Tot Park; and Cyclocross.
Adjourn: There being no further business to come before the Board at this time, the meeting was
adjourned at 7: 27 p.m.

Approved by: Attested:

_________________________ ________________________

Tom Klenow Sarah DeSouza

Board Chair Board Secretary

Date _____________________ Date ____________________


CITY OF BOULDER
PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM

MEETING DATE: October 22, 2018

AGENDA TITLE: Public Hearing and Consideration of a Motion to approve the Parks
and Recreation Advisory Board’s recommendation to City Council concerning the
conveyance of two permanent easements on City park land (Scott Carpenter Park),
pursuant to City Charter Sec. 162, to the proposed grantees for operation of an irrigation
ditch.

PRESENTERS:
Yvette Bowden, Director, Parks and Recreation Department
Alison Rhodes, Deputy Director
Jeff Haley, Planning, Design and Community Engagement Manager
Doug Godfrey, Parks Planner, Parks and Recreation Department
Joanna Bloom, Source Water Project Manager, Public Works

EXECUTIVE SUMMARY:
The purpose of this item is to request approval for the conveyance of two permanent irrigation
ditch easements in Scott Carpenter Park (SCP). The city needs to relocate a section of the pipe
through Scott Carpenter Park to accommodate the pool renovation and park improvements. The
University of Colorado (CU), which owns shares in both ditches, desires to re-establish irrigation
of their East Campus property with irrigation ditch water. A new pipe from Scott Carpenter Park
and under 30th Street is needed to deliver irrigation ditch water to East Campus (Exhibit A).

Both the relocation of the existing ditch (“Combined Ditch Relocation”) and the re-establishment
of an irrigation line to the east side of 30th Street (“Extension”) require that the city grant
easements for maintenance and operations access to the ditch water users.

BACKGROUND
The PRAB approved the concept plan for the redevelopment of Scott Carpenter Outdoor Pool
(Attachment B) in January 2017. In November2017, the Boulder community passed an
extension of the Community, Culture, and Safety (CCS) tax that provided additional funds –
above the approved Capital Improvement Program (CIP) – for the redevelopment project. The
project includes renovations to the existing bathhouse to meet current building codes and
standards for accessibility. An addition to the existing bathhouse to accommodate additional area
for locker rooms, family changing rooms, exterior bathrooms, and a dual-facing concession
space is also proposed. The existing 50m lap pool will be enlarged from six lanes to 10 lanes to
accommodate 75ft x 50m swimming. Leisure elements including slides, a diving board, a lazy
river and a splash pad will accommodate a wide range of age groups and interests.

AGENDA ITEM #___V-A___PAGE___1____


Completion of the project requires the relocation of approximately 530 linear feet of existing
piped ditch to avoid conflicts with proposed aquatic improvements and minimize impacts to a
site that has many constraints. Exhibit A shows the existing ditch alignment from the western
SCP property line south of Marine St., then extends east and south through the park and
eventually extending back to Boulder Creek. The relocated ditch piping shown in Exhibit A will
install approximately 592 linear feet of pipe. The relocated ditch will begin at the west property
line and run east through the southern portion of the existing baseball field and then reconnect
into the existing ditch in the 30th Street parking lot, just east of the existing bathhouse. A 20-foot
easement for operation and maintenance purposes will be associated with the relocated portion of
the ditch and associated infrastructure (e.g. pipe, manholes). The relocated portion of the ditch
and the prescriptive easement will be abandoned, and the existing portion of the ditch will be
removed or filled in as part of the pool redevelopment project. Any disturbance to the baseball
field will be mitigated and restored to acceptable playing conditions prior to the regular season of
use. The city will assume routine and capital maintenance responsibility for the 592 feet of
relocated ditch. The Parks and Recreation and the Utilities Maintenance Departments will
coordinate on maintenance duties. Attachment C shows current plans of the engineered
alignment as well as installation details.

The extension from the existing ditch across 30th Street is desired by CU, a McCarty and Smith
& Goss Ditch shareholder, for the future irrigation of approximately 13 acres of land east of 30th
Street.

The Department originally brought this item before the PRAB in February 2018. The item was
delayed allowing for ongoing negotiations between the city and the Water Users regarding the
Combined Ditch Relocation and Extension.

ANALYSIS:
An easement is required to meet maintenance and operation needs of the Smith and Goss Ditch
and McCarty Ditch water users. During the February 2018 discussion, staff clarified that this
easement does not impact park, aquatic or facility operations in any way. The easement will not
impact the current location of the ball field fence line. The conveyance of an easement is
considered a disposal of park land and per City Charter Sec. 162, disposal of park land requires
review and approval from the PRAB, a non-binding recommendation from Planning Board and,
per Section 2-2-8 of the Boulder Revised Code (B.R.C. 1981), “Conveyance of City Real
Property Interests”, City Council approval is required for conveyance of any interest in any city
real property. Section 162 states that park lands may be disposed of by the City Council, but only
with the affirmative vote of at least four members of the Parks and Recreation Advisory Board
(PRAB).

The City is currently in the process of finalizing an agreement with the Ditch Water Users. The
agreement will address the easements associated with the Combined Ditch Relocation and the
ditch Extension, maintenance responsibilities and construction responsibilities. The City will not
convey the easements to the Ditch Water Users until the agreement is finalized and construction
of the relocated Combined Ditch and Extension are complete. The specific legal description for
each easement will be based on as-builts following construction but will be substantially as
depicted in Exhibit A and as described in this memo.

AGENDA ITEM #___V-A___PAGE___2____


An affirmative vote by at least four members of the PRAB is required for this disposal. An
advisory recommendation, not binding on the City Council, must also be obtained from the
Planning Board.

STAFF RECOMMENDATION:
Staff recommends the PRAB approve the recommendation to the City Council concerning the
conveyance of two permanent easements at Scott Carpenter Park.

Suggested Motion Language:


Motion to approve the Park and Recreation Board’s recommendation to City Council concerning
the conveyance of two permanent easements on City park land (Scott Carpenter Park), pursuant
to City Charter Sec. 162, allowing the easement holders to access, use and operate those ditch
portions, including:
a) the conveyance of a permanent easement of approximately 592 feet to the Smith and
Goss Ditch and McCarty Ditch water users; and
b) the conveyance of the permanent easement of approximately 110 feet to the University
of Colorado,
in substantially the same form and as generally depicted on as presented in Attachment A.

NEXT STEPS:
• November 15, 2018: Planning Board Public Hearing on the conveyance of easements.
• December 4, 2018: City Council consent item on the disposal of property as permanent
easements.

ATTACHMENTS:

Exhibit A: Illustrative plan of existing and proposed Combined Ditch Relocation and
Extension
Attachment B: January 2017 approved concept plan for Scott Carpenter Outdoor Pool
Attachment C: Engineered plans and details for Combined Ditch Relocation

AGENDA ITEM #___V-A___PAGE___3____


Exhibit A

Scott Carpenter Park Reconstruction Project


McCarty Ditch
Exhibit A
E#### # # # # # # # # # #

# # # # #
Boulder Creek

#
Ditches
# # # Relocation
! ! ! Extension Relocation CU East
Campus
Extension Easement
Extension
Scott Carpenter
Park
! ! ! ! ! ! !

Length subject to Carriage Agreement


0 140 280
Feet

ch Mc
o c k D it Ca
e R r ty
nd W hit Di "Combined Ditch"
d er a tc h
? Bo u l /
Smith and Goss Ditch

######

# # ##
12th St.Headgate
Start of "Ditch" Outfall to Creek

Bo u ld er Creek
0 0.25 0.5
!!!

+
Miles
OVERALL CONCEPT PLAN
ATTACHMENT B

LEGEND
Amenity PROJECT GOALS MET
POOL DECK Balance Lap Swimming Needs with
Open Swim Availability
POOLS - 10 lane 50m converts to 21 lane,
25yd lap swim with bulk head
GRASS AREA
A - Building allowing for flexible use

NEW TREE Provide Multi-Generational Amenities


that are Multi-Use
EXISTING TREE
- Deep water exercise areas
- Tower slide, climbing walls, log
OPEN BREEZEWAY
rolls
- Lap swimming and open
B - Lap Pool
swimming alternatives SLIDE FROM BUILDING
D
Upgrade Existing Facilities
- Renovations and additions to the
existing bathhouse to
accommodate locker rooms, pool
C C - Family equipment, and administrative
C Elements functions 50 METER LAP POOL WITH BULK HEAD

Illustrate Partnership Opportunities


D - Possible addition of 2 diving
B A boards
- Possible addition of retractable
roof
D - Site
Incorporate Sustainable and
Elements Environmentally Friendly Design
D LAZY RIVER WITH NATURAL ROCK FEATURES
- Plan allows for inclusion of a
variety of sustainable and
environmental design
opportunities
SHADE STRUCTURE

SITE PLAN ILLUSTRATIVE ELEVATION SKETCH


SCALE: 1” = 60’-0” SCALE: NTS * Plans and drawings are conceptual only and represents general sizes and amenity options for prioritization.
R

685 S. ARTHUR AVE., UNIT 12-B

Know what's below.


LOUISVILLE, CO 80027
P/F: 303.952.5080

Callbefore you dig. www.essenza-arch.com


C ESSENZA ARCHITECTURE, LLC 2017

ENGINEERING

J LB CONSULTANTS

743 PEAR COURT


LOUISVILLE, COLORADO 80027
PHONE: 303.604.1634
jim@jlbcivil.com

MINOR SITE REVIEW


AMENDMENT LUR2018-00002

SCOTT CARPENTER
BATHHOUSE
BOULDER, CO 80303
1505 30TH ST.
LEGEND OF SYMBOLS

ISSUE:
TECH DOCS
DATE:
10/15/2018
REVISIONS:

DRAWN BY:
DSS
REVIEWED BY:
JLB
PROJECT #:
1442
JLB DRAWING TITLE:
SITE LAYOUT - WEST
SL1

SHEET #:

C201
Attachment C

Know what's below.


Callbefore you dig. 685 S. ARTHUR AVE., UNIT 12-B
LOUISVILLE, CO 80027
P/F: 303.952.5080
www.essenza-arch.com
C ESSENZA ARCHITECTURE, LLC 2017

ENGINEERING

J LB CONSULTANTS

743 PEAR COURT


LOUISVILLE, COLORADO 80027
PHONE: 303.604.1634
jim@jlbcivil.com

MINOR SITE REVIEW


AMENDMENT LUR2018-00002

SCOTT CARPENTER
BATHHOUSE
BOULDER, CO 80303
1505 30TH ST.
LEGEND OF SYMBOLS

ISSUE:
TECH DOCS
DATE:
10/15/2018
JLB REVISIONS:

DRAWN BY:
DSS
REVIEWED BY:
JLB
PROJECT #:
1442
DRAWING TITLE:
SITE LAYOUT - EAST
SL2

SHEET #:

C202
685 S. ARTHUR AVE., UNIT 12-B
LOUISVILLE, CO 80027
P/F: 303.952.5080
www.essenza-arch.com
C ESSENZA ARCHITECTURE, LLC 2017

ENGINEERING

J LB CONSULTANTS

743 PEAR COURT


LOUISVILLE, COLORADO 80027
PHONE: 303.604.1634
jim@jlbcivil.com
JLB

Know what's below.


Callbefore you dig.
MINOR SITE REVIEW
AMENDMENT LUR2018-00002

SCOTT CARPENTER
JLB

BATHHOUSE
BOULDER, CO 80303
1505 30TH ST.
JLB
ISSUE:
TECH DOCS
DATE:
10/15/2018
REVISIONS:

DRAWN BY:
DSS
REVIEWED BY:
JLB
PROJECT #:
1442
DRAWING TITLE:
PLAN AND PROFILE -
MCCARTY DITCH
SDPP1

SHEET #:

C402
R

Know what's below. 685 S. ARTHUR AVE., UNIT 12-B

Callbefore you dig. LOUISVILLE, CO 80027


P/F: 303.952.5080
www.essenza-arch.com
C ESSENZA ARCHITECTURE, LLC 2017

ENGINEERING

J LB CONSULTANTS

743 PEAR COURT


LOUISVILLE, COLORADO 80027
PHONE: 303.604.1634
jim@jlbcivil.com
JLB

MINOR SITE REVIEW


AMENDMENT LUR2018-00002

SCOTT CARPENTER
JLB

BATHHOUSE
BOULDER, CO 80303
1505 30TH ST.
ISSUE:
TECH DOCS
DATE:
10/15/2018
REVISIONS:

DRAWN BY:
DSS
REVIEWED BY:
JLB
PROJECT #:
1442
DRAWING TITLE:
PLAN AND PROFILE -
STORM DRAIN
SDPP2

SHEET #:

C403
CITY OF BOULDER
PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM

MEETING DATE: October 22, 2018

AGENDA TITLE: Discussion – Boulder Reservoir Café Lease (2019-2023)

PRESENTERS:
Yvette Bowden, Director, Parks and Recreation Department
Alison Rhodes, Deputy Director, Parks and Recreation
Jeff Haley, Planning Design and Community Engagement Manager
Margo Josephs, Community Partnerships and Outreach Manager
Keith Williams, Regional Facilities Manager
Stacy Cole, Boulder Reservoir Manager

EXECUTIVE SUMMARY:

This item provides the Parks and Recreation Advisory Board (PRAB) with information
concerning the proposed lease and operation of the café to be constructed in 2019 at the Boulder
Reservoir as part of the Boulder Reservoir Visitors Center redevelopment project. Resulting from
a competitive process, this public-private partnership opportunity was developed over the course
of several months with the preferred operator, Spice of Life Catering LLC, a Boulder-based
award-winning catering and special events company. The parties have negotiated in good faith
and propose a lease with a term of August 1, 2019 – December 31, 2023 as further described in
this document.

The proposed agreement:


• Enhances the service and business model of seasonal concession operations at the Boulder
Reservoir as desired by the community and reflected in the approved Boulder Reservoir
Visitors Center concept plan;
• Ensures public access and allows for supplemental use of the facility beneficial to the
operator and the city;
• Codifies the operator’s intent to invest up to $100,000 in impermanent infrastructure (kitchen
appliances and furnishings) offsetting such investments by the City;
• Codifies the operator’s intent to support expansion of the Boulder Reservoir patio in order to
accommodate supplemental use of the site;
• Anticipates the operator’s pursuit of a licensure for the sale, service and consumption of
alcoholic beverages at the café; and
• Aligns with Master Plan direction concerning the financial sustainability of the department’s
facilities and programs (Master Plan Theme 3D – leverage partnerships to increase funding
and optimize service provision) as well as the Boulder Reservoir Business Plan.

AGENDA ITEM - DISCUSSION


BACKGROUND:

Over several years, the department has explored and documented asset deficiencies at the
Boulder Reservoir which are more fully described in the Boulder Reservoir Master Plan
and department capital improvement plans (2012-2018). In 2016, staff implemented first
phase improvements at the property including close to $1M in infrastructure improving
site safety, access and sustainability along the site’s northern corridor.

Concurrently throughout 2016, staff conducted extensive additional community


engagement related to Boulder Reservoir capital improvement priorities in efforts to
identify community desires in our fiscally constrained budget environment. This
engagement and outreach included public meetings, open houses, outreach to current
customers and stakeholder groups, on-line surveys, and maintenance of a webpage
dedicated to reservoir planning efforts. The Boulder Reservoir Visitor Center concept
plan (the “Concept Plan”) reflects the community’s preferred option for the next phase of
site improvements. The Concept Plan was presented to and unanimously approved by
PRAB during the January 23, 2017 meeting.

The Concept Plan includes an improved and accessible south beach area with replaced
bathing facilities, a patio with shade areas and café as well as identified future
improvements such as an inclusive play area, boardwalk and potential event space. A
limited $3.4M department investment has been included in the department’s 2018-2023
capital improvement plan supplemented by an ongoing capital campaign being conducted
by the department’s nonprofit partner, the PLAY Boulder Foundation, toward inclusion
of the inclusive play amenity, shade areas and the accessible boardwalk.

In August 2016, the department hosted a listening session seeking feedback regarding
potential public-private partnership opportunities at Boulder Flat Irons Golf Course, the
Civic Area and, most pertinent to this memo, the Boulder Reservoir. The listening
session invited area commercial retail developers and hospitality, brewery, catering and
food and beverage companies to give input as to ways future city capital improvement
efforts might include third-party partnership opportunities enhancing site visiting
experiences and aiding in the financial sustainability of site operations. During the
listening session, staff was able to identify widely-held perspectives and topics of interest
to prospective partners including property ownership, capital expenses and construction
responsibility, revenue share expectations, parking, branding, alcohol licensure, and
public access expectations. As aligned with the community supported Concept Plan, staff
initiated a process to identify a suitable vendor in exploring the Boulder Reservoir
Visitors Center café as a public-private partnership opportunity.

ANALYSIS:

Following PRAB’s approval of the Concept Plan, the department considered whether the
envisioned café/concession amenity might be more efficiently and sustainably operated
by the department or a third-party operator. Staff’s discussion considered:
AGENDA ITEM - DISCUSSION
• Hospitality experience (including events management);
• Experience in the culinary concepts, preparation, service and management of a
food/beverage business;
• Implications regarding the potential service, sale or consumption of alcoholic
beverages on site (including the management and supervision of TIP-certified
bartenders);
• Experience with the construction, design, furnishing, operation and maintenance
of a commercial kitchen or food service facility; and
• The extent of anticipated city capital and operational expenses.

Staff ultimately determined that third-party operation was preferred and might take the
form of a mutually beneficial public-private partnership opportunity. A Request for
Information solicitation (RFI No. 34-2017 – Attachment A) was developed and issued
through the city’s purchasing department on May 5, 2017 seeking concepts from
potentially interested entities. That document was subsequently refined as a Request for
Qualifications again published by the city’s purchasing department on November 17,
2017 (RFQ No. 121-2017 – Attachment B). The RFQ was timely and qualitatively
responded to by two organizations, one of which subsequently withdrew interest upon
further exploration of city investment expectations. The other organization, Spice of Life
Catering LLC (SOL), has been deemed qualified by staff and was invited to participate in
formal negotiations which resulted in the Lease Agreement that is the subject of this
discussion item.

About the Lessee -


SOL is a Boulder-based catering and events company with close to thirty years of
experience in the Front Range. SOL has been recognized with the Boulder Daily
Camera’s “People’s Choice Award” in catering (1999-2017) and has been named
Boulder Weekly’s “Best of Boulder” catering awardee from 2000-2017. The company
has a “green initiatives” program espousing many of the city’s own sustainability
practices. In addition, the company has a prior tenant experience with the city and has
previously held event-related and facility-related alcoholic beverage licensure in the city
with no prior cited infractions.

Agreement Terms Overview -


The Boulder Reservoir is a department asset and a unique public amenity. The
development of a café as part of the Boulder Reservoir Visitors Center redevelopment
project is considered an ancillary use of the property and is anticipated as part of the
PRAB-approved Concept Plan. The Concept Plan and resulting design has been
reviewed and approved to proceed to the design document stage of permitting with
concurrent construction general contractor identification underway.

Under the negotiated terms of the agreement, the café would remain a City of Boulder
property and department asset. The parties have negotiated in good faith over the course
of several months developing a mutually beneficial model for the completed development
and ongoing operation of the café thereafter. As the negotiated terms call for a
significant SOL investment in impermanent infrastructure and anticipates SOL
application seeking premises specific licensure authorizing on-site sale, service and
AGENDA ITEM - DISCUSSION
consumption of alcoholic beverages, staff has recommended that the agreement be in a
Lease format beyond the one-year term thereby requiring PRAB support. As the facility
is still to be constructed, the proposed lease includes intent language addressing critical
commitments of the parties prior to receipt of certificate of occupancy for the project’s
capital improvements.

The parties have agreed to a term of five (5) years with an option of two three (3) year
renewal periods for a total possible length term of eleven (11) years as the parties might
subsequently agree in writing. The parties have further developed a mutually beneficial
revenue and expense share model preserving the visiting public’s use and achieving other
tenets of the department Master Plan. An overview of the proposed terms follows and is
more fully described in the draft Agreement (Attachment C).
• Café Ownership - City of Boulder
• Capital investment – City of Boulder (construction and fixed infrastructure) SOL
to provide impermanent kitchen infrastructure.
• Seasonal Operation (May-September annually throughout the Term)
• Supplemental Hours and operation as the parties might agree in writing
• Rent and Common Area Maintenance fee charged to and paid by SOL monthly
each Season during the Term
• Exclusivity – Café operations and services anticipated by this agreement are
confined to the Café and patio area of the Boulder Reservoir Visitors Center
project. Exclusive of alcohol licensure, if and as awarded, the city reserves the
right to contract with other entities to provide food and nonalcoholic beverage
services elsewhere on the reservoir property and offseason.

Continued Concession Services Through Construction -


The Boulder Reservoir has featured affordable seasonal concessions as part of the site’s
operation for many years offering lite fare, limited shade and no indoor seating. The
current concession program serves visitors only during the swim beach season. The
current vendor’s agreement runs through November 30, 2018 and that operator has been
formally notified of anticipated discontinuation of their license agreement in anticipation
of the site’s redevelopment. That vendor was invited to participate in the RFI, RFQ and
finalist interview processes associated with this selection ultimately choosing to withdraw
in favor of another opportunity with the city at Flat Irons Golf Course.

SUSTAINABILITY IMPACT:
The proposed Lease Agreement aligns with city sustainability requirements and will
support zero waste initiatives.

FISCAL IMPACT:
The Lease Agreement increases and stabilizes anticipated department revenues related to
site concessions while providing a beneficial business opportunity for the Lessee. In
addition to more than doubling the seasonal concession related revenues derived by the
department compared to prior arrangements, this Lease Agreement more sustainably
addresses the costs of common area maintenance, creates city passive income opportunity
and supports the city general fund through anticipated retail sales tax revenues generated
by the Lessee.
AGENDA ITEM - DISCUSSION
Through this discussion item and in anticipation of bringing a related Action Item before
PRAB in November 2018, PRAB will be asked to provide advisory input for the
department related to the aforementioned community engagement, selection and
negotiation processes as well as input regarding the terms of the proposed lease
agreement.

QUESTIONS FOR PRAB:


1. Does PRAB have questions regarding staff’s community engagement, selection or
negotiation processes related to the selection of the operator of the envisioned
Boulder Reservoir Visitor Center café amenity?
2. Does PRAB support staff’s recommendation to proceed to finalized agreement terms
with Spice of Life LLC concerning anticipated operation of the café at the Boulder
Reservoir as aligned with department Master Plan direction?

NEXT STEPS:
November 2018 PRAB Action Item (Lease – Boulder Reservoir Café/Spice of Life)
December 2018 City Council Item on Consent/Heads Up
2019 Facility construction

Attachments:
A – Request for Information No. 34-2017 (Boulder Reservoir Concession/Café)
B – Request for Qualifications No. 121-2017 (Boulder Reservoir Concession/Café)
C – DRAFT Lease Agreement between City of Boulder and Spice of Life LLC - Boulder
Reservoir Café

AGENDA ITEM - DISCUSSION


Attachment A

CITY OF BOULDER, COLORADO

REQUEST FOR INFORMATION

RFI NO. 34-2017

Public-Private Partnership Opportunity at


Boulder Reservoir

ISSUE DATE: May 15, 2017

DUE DATE: June 15, 2017 by 2 p.m.


CONTACT:
Margo Josephs
Parks & Recreation Department
josephsm@bouldercolorado.gov
303-413-7251
CITY OF BOULDER, COLORADO
RFI # 34-2017
PUBLIC-PRIVATE PARTNERSHIP OPPORTUNITY: BOULDER RESERVOIR

TABLE OF CONTENTS

Contents
TABLE OF CONTENTS .............................................................................................................................. 2
NOTICE OF REQUEST FOR INFORMATION.......................................................................................... 3
SPECIFICATIONS ....................................................................................................................................... 4
Context for the RFI: .................................................................................................................................. 4
Objective of RFI ....................................................................................................................................... 5
Current Development Plans – Boulder Reservoir Visitor Services Center ............................................... 5
Public-Private Partnership (PPP) Frameworks ......................................................................................... 6
Site Characteristics for Business Case Development: .............................................................................. 6
RFI Deliverables/Packet for Submission: ................................................................................................. 7
CONTACT INFORMATION, SITE VISITS, & FAQ PROCESS: .............................................................. 8
RESPONDENT CONTACT PAGE ............................................................................................................. 9
APPENDIX A: Boulder Reservoir South Shore Concept Plans ................................................................. 10

2
CITY OF BOULDER, COLORADO
RFI # 34-2017
PUBLIC-PRIVATE PARTNERSHIP OPPORTUNITY: BOULDER RESERVOIR

NOTICE OF REQUEST FOR INFORMATION


The City of Boulder Purchasing Division and the Parks and Recreation Department are releasing
this Request for Information (RFI) that seeks non-binding business plans/proposals from interested
food/beverage/events retail entities to determine the level of interest in this regional business opportunity
with Boulder Parks and Recreation (BPR). The RFI solicits information from the private sector on the
most appealing types of public-private partnership (PPP) agreements at this property given experienced
partner perspectives. With this information, BPR could design a RFP that is reflective of both the private
and public sector interests.

Sealed packets will be received until 2:00 p.m., June 15, 2017 in the office of the Purchasing
Coordinator, 1777 Broadway, Boulder, Colorado.

Sealed packets shall be plainly marked on the outside of the envelope “RFI # 34-2017, Public-
Private Partnerships, 2:00 p.m., Thursday, June 15, 2017”, and addressed to:

Pam Andrus
City of Boulder - Purchasing
P.O. Box 791
Boulder, CO 80306

Hand carried packets (and all non-USPS delivery services) shall be delivered to the Purchasing
Office, 1777 Broadway, Boulder, Colorado 80302. No late packets will be accepted.

Preference is given to labor, materials, supplies, or provisions produced, manufactured or grown


in Colorado, quality and price being equal to articles offered by companies outside the state.

A copy of the p a c k e t may be obtained from the Rocky Mountain E-Purchasing (Bidnet)
web site at:
www.bidnetdirect.com/colorado

City of Boulder, Colorado


A Municipal Corporation
By
______________________
City Clerk

3
CITY OF BOULDER, COLORADO
RFI # 34-2017
PUBLIC-PRIVATE PARTNERSHIP OPPORTUNITY: BOULDER RESERVOIR

SPECIFICATIONS

This RFI explores development and going-forward operation of a food/beverage/events amenity adjacent
to a City-owned building and on City-owned property to enhance the year-round Boulder Reservoir
visiting experience. Through issuance of this RFI, the City would explore a potential relationship:

 leveraging the City’s own timing and capital investment on the property;
 potentially involving a long-term lease arrangement of 20-30 years or other negotiable
frameworks encouraging potential partner investment;
 revenue-generation activities on a public park site (not unlike the Dushanbe Teahouse or
Chautauqua Dining Hall);
 considered use to also include facility rentals; and
 potential partner pursuit of liquor licensure on site.
This opportunity can otherwise be identified as “Building D” on the South Shore concept plan attached as
Appendix A, which has been approved by the Parks & Recreation Advisory Board and has been
extensively vetted in the community.

Context for the RFI:


The Boulder Parks & Recreation Master Plan (2014) calls for the department to explore potential
partnerships which would aid in the provision of enhanced services to the Community and sustainability
of Boulder’s urban park assets and programs. The Department is pursuing on-site food/beverage/events
related retail offerings at certain facilities including in this instance, the Boulder Reservoir accessible
from Jay Road and 51st Street in Boulder, CO. The content of the RFI and potential on-site business
opportunity is timed to advantageously leverage City of Boulder planned capital investment (permitting
and construction) at the property (2018).
This Request for Information (RFI) seeks non-binding business plans/proposals from interested
food/beverage/events retail entities to determine the level of interest in this regional business opportunity

4
with Boulder Parks and Recreation (BPR). The RFI solicits information from the private sector on the
most appealing types of public-private partnership (PPP) agreements at this property given experienced
partner perspectives. With this information, BPR could design a RFP that is reflective of both the private
and public sector interests.

Objective of RFI
BPR is looking for a partner to bring a vision, experience, and capital to the Boulder Reservoir (BR) to
enhance the experience of the visitors through the establishment of an additional facility and service that
furthers BPR’s mission. The first step to forming a PPP at the Boulder Reservoir is to identify the
regional business community’s interest in such a partnership through this RFI. Pending the level of
interest BPR would look to solicit formal bids through a request for proposals (RFP) process later in
2017.
Responses to this RFI should take the following into consideration. BPR is seeking a creative vision from
a private entity, which could entail an events area, restaurant, catering center, additional recreational
options, or other amenities within the public benefit zoning regulations of the location. Essential to any
vision on the site is that the concept strive to meet the major elements of the BPR Mission1. BPR desires
a partner that has had success in marketing and implementing their services in the private market for a
minimum of 5 years and encourages collaboration between multiple businesses with different expertise.
Lastly, BPR is looking for a partner-investor, so this means bringing resources to the table in the form of
capital support. The site offers an immense business opportunity and to help vendors understand the
opportunity and form responses, BPR is providing details below about the benefits of partnering with the
department and vital statistics to mapping out the potential for revenue generation. This RFI process is a
non-binding fact finding effort that is geared toward an efficient ask of information (less than 5-pages)
from interested parties to increase the odds of forming a public-private partnership. The specific elements
BPR is requesting in response to this RFI are listed below.

Current Development Plans – Boulder Reservoir Visitor Services Center


BPR is on schedule to construct a new Visitor Services Center (VSC) at the Boulder Reservoir starting
fall of 2018 and opening in spring of 2019. The new 5,400 sq. ft. facility will replace the existing
administration and bath house building and is proposed to be the center of recreation and activities at the
Reservoir. The VSC will include a new entry/arrival space, a new bath house and locker room building,
staff offices and a public hall and dining area. In addition, the new facility will include a large public
plaza offering outdoor dining and events spaces overlooking the Reservoir and beach areas. The second
phase of the new facility is proposed to include a roughly 2,200 sq. ft. events/restaurant/catering space
which is the subject of this RFP. This space would include private outdoor patio space for events with
views of both the Flatirons and the Reservoir, as well as outdoor dining space on the main patio that could
be enclosed as required by liquor licensing regulations. Ample parking is available on site including a
separate parking area that could be utilized for private events.

1
BPR’s Mission Statement: BPR will promote the health and well-being of the entire Boulder community by
collaboratively providing high-quality parks, facilities, and programs.

5
Public-Private Partnership (PPP) Frameworks
There are a wide variety of PPP models. The options listed below are intended to elicit thoughtful and
creative responses from the business community, but the list is not exhaustive and BPR is open to
receiving proposed PPP designs that are not listed below. Considering in proposals that after the building
is constructed BPR is able to contract for up to 20 years or with significant private investment the contract
could be extended to 30 years. Within these timeframes BPR would also expect the agreement to include
vendor interior finish, vendor operations and management of the facility or operations, management, and
maintenance of the facility. The expectation is that each option below would have an annual base rate
and/or revenue share paid to BPR, but the specifics and designs of the agreement would be negotiable
based on the design proposed in responses to this RFI.
1. Capital Cost Share- Under this option, the potential agreement would include the private entity
bringing capital to the design and build phase of the prospective building. The amount and
payment schedule should be presented in relationship to the total cost of the project and roughly a
year build timeline.
2. Upfront In-Kind Services to Support Construction- Under this option, the potential agreement
would include the private entity bringing in-kind services (permitting, construction designs,
construction materials or processes, interior furnishings/work, etc.) to the design and build phase
of the project. Provide some sense of the value of these in-kind services as compared to the
estimated building costs.
3. Lease to Own Structure/Development rights- Under this option, the potential agreement would
include no capital during the design/construction phase but would require an agreement that
establishes a higher annual base rate and revenue share to compensate BPR’s initial investment.
This option could also result in the eventual ownership of the building and development rights of
the location with conditions around use, maintenance, and potential future build-out.
4. Other- As noted above this is not an exhaustive PPP list, so if there is another design to consider
please propose.

Site Characteristics for Business Case Development:

Reservoir: (add description text—Keith or Bryan)


a. Annual Visitor Gate Entries: 300,000
b. 30-40 special events per year attracting 21,000 participants
c. Zoning: Public Benefit (will require City of Boulder Planning to review plans)
d. Building Size: 2,000-3,000 Sq. Ft.

6
e. Building Costs: Approximately $1,200,000 inclusive of vendor finish
f. Structure will be ADA compliant
g. Structure should be able to hold roughly 100 people
h. Vendor could be listed as the preferred vendor for the site to serve events
i. 30-40 special events/year; including Ironman and Boulder Triathlon
ii. 200-300 picnics, parties, corporate events, and/or weddings
i. Timeline for Build Completion: Target May 2019 or May 2020
j. Customer Type: boaters, swimmers, exercise enthusiasts, and a wide variety of
individuals/community/educational or corporate events every year.
k. Median Household Income (2015 $): $70,961
l. Gate Entry Fee: $7/adult, $4/child (3-18), $5/Senior (60+)—BPR is willing to negotiate
waiving entry fees for individuals who are using this new site pending the response to
this RFI
m. Current On-Site Concessions (food/non-alcoholic drinks-$2-$12)—management of the
concessions area could also be included in the response to this RFI but this information is
to present current market conditions at the site.
n. BPR is committed to supporting the establishment of a liquor license for the site
o. Free parking

RFI Deliverables/Packet for Submission:


a. Executive Summary (~1 Page)
i. Overview of potential business (including type of service and structural needs), PPP
design, and reason for interest in partnering with BPR
ii. Brief business history/experience
iii. Market advantage over other potential competitors (aka, why you?)
b. Financial Impacts (table format ~1-2 pages)
iv. Estimates around revenues and expenses with some basic detail around assumptions
(upfront capital investment—loan/cash/in-kind/etc., # of users, service prices and
costs, staff needs, equipment needs, etc.)
c. Context (1-2 pages)
v. More details on product/services
vi. Fit with audience
vii. Brief Business history/experience

7
CONTACT INFORMATION, SITE VISITS, & FAQ PROCESS:

Contact:
Margo Josephs
Parks & Recreation Department
josephsm@bouldercolorado.gov
303-413-725

Site Visits:
Site visits are available upon request, please reach out to Margo to schedule.

FAQ Process:
All questions regarding this RFI should be directed to Margo Josephs, questions and answers will be
publicly posted one week prior to the close of this RFI on www.bidnetdirect.com/colorado.

8
CITY OF BOULDER, COLORADO
RFI #34-2017
PUBLIC-PRIVATE PARTNERSHIP OPPORTUNITY: BOULDER RESERVOIR

RESPONDENT CONTACT PAGE


Having examined and understood RFI #34-2017, the following is hereby proposed for
consideration and evaluation: (enclosed on the attached sheets).

Please use Company Name as submitted to the IRS.

Company Name As Submitted To IRS

Address of Company

City / State / Zip Code

Telephone Number (800 Number if Available) and Fax Number

Signature of Authorized Representative and Date

Print or Type Full Name and Title

FILL OUT THE FOLLOWING ONLY IF DIFFERENT FROM ABOVE

Remit To/ Invoicing Address of Company

Remit to / Invoicing City/ State / Zip

9
APPENDIX A: Boulder Reservoir South Shore Concept Plans

10
11
Attachment B

CITY OF BOULDER, COLORADO


Finance Department / Purchasing Division
1777 Broadway
P.O. Box 791
Boulder, Colorado 80306

Telephone: 303-441-3054
Email: greyc@bouldercolorado.gov

RFQ NO. 121-2017

SUBMISSION DEADLINE: 4:00 PM, Friday, December 15, 2017

REQUEST FOR QUALIFIACTIONS


FOR
Concession/Vendor Partnership
At
The Boulder Reservoir

FOR ADDITIONAL INFORMATION CALL:

Margo Josephs
City of Boulder – Parks & Recreation
TELEPHONE NO. 303-413-7251
JosephsM@bouldercolorado.gov
CITY OF BOULDER, COLORADO
REQUEST FOR QUALIFICATIONS FOR
CONCESSION/VENDOR PARTNERSHIP AT THE BOULDER RESERVOIR
RFQ #121-2017
The City of Boulder is soliciting Statements of Qualifications from qualified food and beverage entities to
invest in and operate a long-term leased space at the Boulder Reservoir property (waterfront area) located
at 5565 N 51st St., Boulder, CO 80301. An opportunity exists for the development and operation of a
café/eatery (indoor/outdoor venue with mountain and waterfront views) and to become the indoor
catering entity for private and special events occurring on the property. This cafe/eatery will
replace and enhance concession offerings on the property welcoming the venue’s estimated 300,000
guests per year.
Timing of this offering is intended to coincide with a scheduled $3.4M City of Boulder capital
improvement project on the property (launching in 2018 and concluding in May 2019 at the beginning of
the facilities high season) which includes replacement of the public restrooms/showers, the concession
amenity and site administrative offices. A financing letter of intent and lease development negotiations
would commence immediately upon selection of the successful entity.
Context for the RFQ
Approved by Boulder City Council in 2014, the Boulder Parks & Recreation Master Plan calls for the
exploration of partnerships providing and enhancing services to the community and sustainability of
Boulder’s urban park assets and programs. Boulder Parks and Recreation (BPR) is pursuing this RFQ
seeking a mutually beneficial on-site food and beverage business relationship at the Boulder
Reservoir. This opportunity is intended to advantageously leverage City of Boulder planned capital
investment of $3.4M (including permitting and construction) at the property.
In 2015, BPR received City Council and Parks & Recreation Advisory Board (PRAB) support for the
initiation of capital improvement planning which would renovate the 35-year old Reservoir Visitor Center
and beach front. The concluded public engagement process informed initial designs for the project and a
concept plan for the site was approved by PRAB in January 2017 (See Exhibit A).
The Boulder Reservoir is in northeast Boulder with a main entrance off 51st Street north of Jay Road.
This amenity caters to a regional visiting population in an increasingly densifying area in Boulder County
(North Boulder and Gunbarrel). The community has expressed a desire for Boulder Reservoir to be
enhanced as a multi-use park with an extended season and more amenities. Qualified entities who might
enter into an agreement with the department are those with prior food service experience who can
leverage this unique opportunity (See Exhibit D). The ultimately successful entity must have the vision
and business skills necessary to maximize the community benefit, visitation experience and economic
potential complimentary to this unique location along the Front Range. The City of Boulder will select the
best overall entity that achieves these goals based on the criteria set forth in this RFQ and through
subsequent negotiations.
Additional information
1. Annual Visitor Gate Entries: 300,000 (regional)
2. Zoning: Public Benefit (City of Boulder Planning review to be coordinated by BPR)
3. Concession/Eatery Building Costs: Approximately $1,200,000 inclusive of selectee finishes
4. Structure will be ADA compliant and comply with all other applicable ordinances
5. Customer Type: Families, boaters, swimmers, exercise enthusiasts, and a wide variety of
individuals/community/educational or corporate events every year. Regular off-season visitation
includes smaller events, cyclists, passive recreationalists and trail users.
6. Median Household Income (2015 $): $70,961
7. Current utilization: 30-40 special events/year (including Boulder Ironman and Boulder Triathlon;
200-300 picnics, parties, corporate events, and/or weddings) attracting 21,000+ patrons
Development Plans – Boulder Reservoir Visitor Services Center
BPR is on schedule to construct a new Visitor Services Center (VSC) at the Boulder Reservoir starting
fall of 2018 and opening in spring of 2019. The new facility will include:

• 7,300 sq. ft. facility with outstanding views of Boulder Reservoir to the east and foothills to the
west;
• A new entry/arrival space and conference room;
• A new bath house and locker room building;
• A reimagined cafe/eatery with indoor/outdoor dining areas; and
• Reservoir staff office space
The envisioned cafe/eatery will be a city-owned property pursuant to applicable zoning and the
establishment’s designation as an “ancillary use” (See Exhibit B). The selected successful entity will
nonetheless play an integral role in influencing venue branding and furnishings (indoor/outdoor).
Investment by the successful entity is sought solely to:

• Encourage the long-term interests of both parties; and


• Allow the City to extend greater resources to public offerings on the site (match to PLAY
Foundation fundraising amenities including a boardwalk, overlooks and playground).
A listing of assets which would be covered by said investment by the city and selected entity is attached
as Exhibit C.
The planned concession/eatery space includes:

• A roughly 660 square foot concessions kitchen;


• A 1,600-square foot indoor/outdoor dining area with gas-operated fireplace;
• Two accessible public restrooms (complimenting the facilities available in the adjacent locker
rooms); and
• A dedicated service access to the kitchen.
The facility is estimated to have a roughly 100-person maximum seating capacity and the layout is still
negotiable post RFQ Selectee identification.
In addition, this renovated area of the Boulder Reservoir will include a larger public plaza offering
outdoor gathering and event spaces overlooking the Reservoir and beach areas. Ample parking is
available on site including a separate parking area that could be utilized for private events. Additional
features (boardwalk, overlooks and playground) on the property are being pursued via a concurrent
fundraising effort of the PLAY Boulder Foundation (http://www.playboulder.org/).
Tentative Selection and Project Schedule:
The City of Boulder Parks & Recreation panel will screen respondents selecting up to three (3) entities
who will proceed to interviews and full RFP phase of negotiations. A final awardee will be selected with
all parties notified of the selection on or before January 19, 2018 at which point the City will enter a
Letter of Intent with the awardee organization and commence full contracting negotiations. Qualified
organizations should expect that the envisioned café/eatery would be constructed throughout 2018 and
available for occupancy by the summer of 2019.
RFQ Issued …………………………………… November 17, 2017
Question and Answer Deadline……………….. December 8, 2017
RFQ Response Deadline………………………. December 15, 2017 – 4:00 P.M.
RFQ Response Review………………………… December 18, 2017 through January1, 2018
Candidate Interviews…………………………... January 8 through January 18, 2018
City enters Letter of Intent…………………….. January 19, 2018
Contract Negotiations…………………………. January 19 through February 2, 2018
Construction …………………………………... September 2018 through Spring 2019
Site Open. . .…………………………………… May 2019

Question and Answer Deadline:


All candidate’s communications concerning this proposed scope of services shall be directed to the project
manager listed below. Respondent(s) should rely only on written statements issued by the project manager.
A question and answer deadline has been set for end of business on December 8, 2017. All questions
regarding this proposal must be received by that time. Responses to questions will be posted as an
addendum on Bidnet.

The Statement of Qualification will be evaluated for the following factors:

Evaluation Item Weighting

Qualifications to operate and maintain a food/beverage service 40%

Proposed vision and food concept 30%

Colorado Business License 10%

Qualifications of personnel (catering and concession-related) 15%

Candidate’s responsiveness to this RFQ, and ability to follow directions 5%

I. Statement of Qualifications/Work Plan Should Contain the Following Elements:


1. Cover or Introductory Letter (1 page limit – 8 ½ x 11 paper)
2. Qualifications Section (2 page limit – 8 ½ x 11 paper)
3. Minimum font size for all sections is 10 point.

II. Cover or Introductory Letter:


1. Address the cover or introductory letter to:
Margo Josephs
City of Boulder
Parks and Recreation Department
3198 Broadway
Boulder, Colorado 80304

2. Include the following information in the letter as a minimum and highlight these items in bold
letters:
a) Certification that the information and data submitted is true and complete to the best
knowledge of the individual signing the letter;
b) Name, telephone number, and e-mail address of single point of contact for the SOQ
submittal;
c) Current Business License Number; and
d) An original signature in ink, by an authorized principal, partner, or officer of the business
as required by the City.

III. Qualifications Section


Please provide the following information outlining relevant interest and experience:
1. Overview of business experience related to restaurant, catering or food services;
2. Information concerning type of operation, years of business and states/locales in which your
business(es) operates;
3. Describe interest in the opportunity;
4. Describe proposed café concept;
5. Describe culinary philosophy and how it might evidence the uniqueness of the City of Boulder and
the Boulder Reservoir venue; and
6. Describe scale of business (number of personnel, customers served, etc.) and other evidences of
your businesses reputation in the operation of cafes/eatery establishments over the last five (5)
years.

Provide six (6) hard copies and one electronic copy of the SOQ submittal plainly marked “RFQ No. XX-
2017, Concession/Vendor Partnership at the Boulder Reservoir, December 15, 2017 and mailed in a sealed
envelope to:

Calder Grey
City of Boulder / Purchasing Division
1777 Broadway
Boulder, CO 80306
SOQs will be accepted until 4:00 p.m., Friday, December 15, 2017.
The City reserves the right to reject any or all SOQs and waive any informality therein. The SOQ is
prepared at each candidate's sole expense; becomes property of the City; and therefore a public record.
Exhibit A: Approved Concept Plan
Exhibit B: Café/Eatery Concept
Exhibit C: Infrastructure Investment

Reservoir VSC - Approximate Tenant Use Area Costs

Structure Square Feet Cost/SF Subtotal


Kitchen area 660 $522 $344,520
Bar area 200 $522 $104,400

Indoor Dining Area 560 $522 $292,320

Outdoor Dining Area 1,040 $14 $14,560

Tenant Use Area (selected entity investment = 1/3)


$755,800

Equipment Unit Cost Qty Subtotal


Upright commercial refrigerator $3,700 1 $3,700
Upright commercial freezer $3,135 1 $3,135
Ice Machine $3,275 1 $3,275
Commercial Range $10,429 1 $10,429
Microwave - cabinet mount $1,589 1 $1,589
Dishwasher $797 1 $797
Dishwasher - Commercial $5,651 1 $5,651
Make-up air unit, gas fired $5,978 1 $5,978
Pads, connections, pumps $3,288 1 $3,288
Dishwasher hood vent $1,841 1 $1,841
Commercial Kitchen Hood $5,644 1 $5,644
Cabinets $250 10 $2,500
Liquor Closet (included in SF
cost) $0 0 $0
Sinks $500 2 $1,000
Prep Counters $2,000 2 $4,000
Equipment Subtotal $52,827

Tenant Finish/FFE Unit Cost Qty Subtotal


Signage $2,000 1 $2,000
Roll up security shutter $600 2 $1,200
Bar $8,000 1 $8,000
Two-seat rectangular tables $100 21 $2,100
4' circular tables $125 6 $750
Bar Stools $70 25 $1,750
Chairs $80 64 $5,120

Service Ware $13,000

Tenant Finish/FFE Subtotal $33,920


Total Approximate Tenant
Use Area Estimate $842,547

Selectee’s Anticipated
Investment (1/3 Structural
Kitchen Cost) + Equipment
and Finish/FFE
$300,000 (minimum)
Exhibit D: Envisioned Terms

Boulder Reservoir Opportunity


Indoor café/outdoor concession City-owned building
vendor relationship

Majestic water and mountain views Café/eatery to operate as an ancillary use. Anticipated
(300k+ visitors annually; est. 35 investment amt. $338,680 (1/3structure + equipment)
events/year)
Lease Term Minimum 10 years with renewal option(s)
Subject to PRAB and City Council approval per City Code;
Tentatively scheduled Q2, 2018

Outdoor furnishings and dual face City purchase


fireplace
Commercial Kitchen City permit/build; Selectee purchased equipment (see Exhibit
C)
Pursuit of alcohol licensure Expected – Selectee application for interior and terraced
portion of patio only

Customer Access Gate fee payable by customer Memorial Day through Labor
Day, free during off season; on-site parking available
CAM sharing CAM share to be negotiated based on square footage; City
purchased dumpster
Design, permitting and construction Est. square footage (660 kitchen sq. ft; 200 bar area sq. ft.;
1600 dining sq. ft.)
City to coordinate and pay for facility construction permitting
Rent Below Gunbarrel/Niwot/North Boulder mkt rate through lease
term (escalator after 3 years to be negotiated)
Advertising Benefit City-determined provision of space in the BPR Recreation
Guide, Social Media and website advertising benefit; est.
circulation 40,000; 30,000 social media subscribers/followers
Facility Rental Caterer (indoor and Booking arrangement and fees to be negotiated; Negotiable
fenced portion of patio) preferred vending (outdoor)1 for other events on-site
Attachment C

RESERVOIR CAFE LEASE

THIS CONTRACT is made this_ day of ____ 201_ by and between the City of
Boulder, Colorado, a Colorado home rule city (the "City") and A Spice of Life Catering, a
Colorado limited liability company (the "Contractor") (collectively, the "Parties").
RECITALS
A. The City owns and operates the Boulder Reservoir (the "Reservoir") located at
5565 Reservoir Road in Boulder, Colorado.

B. A cafe and patio will be constructed in 2019 at the Reservoir (the "Cafe") the
premises as depicted in Exhibit ___, with an anticipated construction completion date of
August 2019 and an anticipated first full season of operation in 2020.

C. The City desires to provide food and beverage services at the Cafe, available to
visitors using the Reservoir, and such other ancillary use, operation and maintenance of the Cafe
as described in this Contract Contractor is willing and able to prQvide such services.

D. Prior to commencement of services, Contractor shall purchase non-permanent


fixtures and equipment necessary for the performance of services and as set forth in this
Contract. The Cafe will also include a Tent Amenity located on the patio. During the
construction period, Contractor will fund the cost of the patio area extension; including rental or
purchase of the approximate 40' x 100' tent, any required anchors, utility access serving that
portion of the patio and any fencing or barrier necessary to define the premises. In addition,
Contractor shall be responsible for all aspects of the Tent Amenity including but not limited to
mai_ntenance and storage. As set forth in this Contract, City shall also be provided use of the
Tent Amenity for a variety of uses, including but not limited to community gatherings, youth
camps, special events, and other programming uses.

E. Contractor shall pay rent and community area maintenance ("CAM") fees and
retain all revenues for food and beverage sales at the Cafe and catering through ancillary uses as
set forth in this Contract.

COVENANTS AND CONDITIONS

NOW, THEREFORE, in consideration of the promises and obligations set forth below,
the City and Contractor agree as follows:

1. OBLIGATIONS DURING CONSTRUCTION & PRIOR TO CAFE


OPERATIONS

A. The Parties desire a Cafe site, equipment, appliances, and furniture


selections that will meet their mutual business interests. The Parties agree to work together to
identify reasonable and cost-effective solutions for final finishes and construction. This
1
CITY OF BOULDER
PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM

MEETING DATE: October 22, 2018

AGENDA TITLE: 2019 Operating Budget and Recreation Fee Update

PRESENTERS:
Yvette Bowden, Director, Parks and Recreation Department
Alison Rhodes, Deputy Director
Bryan Beary, Recreation Manager for District Services
Megann Lohman, Recreation Manager for Programs and Partnerships
Keith Williams, Recreation Manager for Regional Facilities

EXECUTIVE SUMMARY:
The intent of this item is to share the Parks and Recreation Department’s (the department)
2019 approved operating budget and discuss proposed fee increases for the upcoming
year. The Parks and Recreation Advisory Board’s (PRAB) role with fee setting is
advisory, and staff will consider the board’s input carefully in advancing fee adjustments.

BACKGROUND:
In 2014, in partnership with the PRAB, staff developed the department’s fee setting
strategies to align with direction provided in the Parks and Recreation Master Plan
(master plan). The outcomes of the PRAB and staff collaborative efforts are summarized
in the March 2014 PRAB discussion item found here. In summary, to ensure that
resources are focused on community priorities as outlined in the master plan, through fee-
setting staff implement the financial sustainability policies of the master plan. Fees are
based on the actual cost of services provided and through determining the appropriate
amount of subsidy required to support community benefit provided for each service.

On Tuesday, October 16, 2018, City Council accepted the City Manager’s 2019
Recommended Budget. This budget is conservative, reflecting flattening sales tax
collections while addressing community priorities to support department assessments,
comprehensive planning and strategic capital investment to ensure a strong financial
foundation. From the City Manager’s Message, “Boulder has continued its responsive
approach to the economy to enhance community resilience and is well prepared for the
headwinds of flattening retail sales tax revenues and an economically constrained
environment.”

The department’s 2019 operating budget mirrors these priorities. Strategic reductions and
cost control measures allow the department to maintain current assets and support access
for underrepresented populations, while supporting two key capital projects. Both the

AGENDA ITEM VII-B_ PAGE 1__


Scott Carpenter Pool and Boulder Reservoir Visitor Services Center replacements address
major deficiencies in the department’s asset portfolio and upon completion, will
positively impact the department’s ability to meet current and future community needs.

At the May and June 2018 business meetings, staff provided updates on the development
of the 2019 budget and the PRAB provided input on 2019 requests and operating
strategies at the September 2018 business meeting. The purpose of this update is to share
final fee recommendations with the PRAB (Attachments A and B).

ANALYSIS:
Fee adjustments are proposed for Boulder Reservoir boat permits as well as for golf
course rounds at the Flatirons Golf Course. Important considerations to note with the
2019 proposed fee adjustments include:
• These fee increases support departmental efforts to align fees with subsidy targets per
master plan direction and provide discounts to youth, seniors and those with low-
income;
• The department will continue to build its financial aid program to promote
accessibility for community members with low-incomes. These efforts continue to be
bolstered by grants from the 2017 Sugary Sweetened Beverage Distribution Tax; and

Recreation Facility and Pool Access Fees


2019 Recreation and Aquatic Facility access fees are unchanged following increases that
were implemented on January 1, 2018. In advance of the 2019 summer season, staff
evaluated the Splash Pass and Annual Pass fees and usage to determine if adjustments
were warranted given the construction at Scott Carpenter Pool. The Splash Pass provides
unlimited access to the department’s three summer season amenities, the Spruce Pool,
Scott Carpenter Pool and the Boulder Reservoir while annual passes also include year-
round access to the three recreation centers. The existing Splash Pass and Annual Pass
fees provide for a 30% discount off daily entry fees using the calculation of twice-weekly
visits throughout the season or year accordingly and include age-based discounts for
youth and seniors. Those who visit more frequently benefit from an even greater
discount. As such, staff do not recommend adjustments to these fees for 2019.

Boulder Reservoir Boat Permit Fees


In a continued effort to align fees at the Boulder Reservoir with the master plan goals as
well as the Reservoir Business Plan (business plan), staff proposes an increase in boat
permit and storage fees (Attachment A). These services are categorized as “exclusive” in
the Recreation Priority Index, meaning the benefit provided by these services is highly
individual and fees should recover 70% to 100% or more of the cost incurred to provide
the service. These fees consider the market rate of other area open bodies of water and
factor in the varied levels of subsidy provided to these operations. These fees also
provide a discount to residents, honoring the support local sales and property taxes
provide to the Boulder Reservoir’s operation. Finally, due to minimal utilization, staff
proposes to eliminate the small craft permit that includes gate access.

AGENDA ITEM VII-B_ PAGE 2__


Flatirons Golf Course Green Fees
Golf course green fees for adults are similarly categorized as “exclusive” with the benefit
primarily received by the individual player. The department last adjusted green fees in
2013, and the proposed 2019 fee adjustments align revenues with increasing costs to
provide the services while also considering market rates and the desire to provide
consistent age-based discounts for youth and seniors (Attachment B). Like small craft
permit fees, staff proposes eliminating the student discount due to minimal utilization.
While the green fees require further strategy to ensure consistent discounts for the age-
based fees as well as the seasonal adjustments, youth eighteen and under still benefit
from the junior fee discount that generally reflects a 30% discount or greater off adult
fees. Senior discounts are generally 25% off adult fees.

NEXT STEPS:
Proposed fee increases are included in the 2019 Operating Budget. Staff will consider the
PRAB’s input and coordinate proposed fee adjustments, including outreach to current
users and continued exploration of strategies to increase the value of the department’s
services while aligning fee strategies with master plan direction.

Attachments:
Attachment A - Boulder Reservoir Fees
Attachment B - Flatirons Golf Course Fees

AGENDA ITEM VII-B_ PAGE 3__


2019 Boulder Reservoir Fee Proposals
Attachment A

2019 Proposed
2017 Fee 2018  Fee % Increase
Fee

Boat w/engine over 49 HP Resident $335.00 $ 370.00 $ 405.00 9%


(w/admission) Weekday Non-Resident $395.00 $ 435.00 $ 505.00 16%
Boat w/engine over 49 HP Resident $580.00 $ 640.00 $ 705.00 10%
Boat Permit

(w/admission) season Non-Resident $705.00 $ 775.00 $ 880.00 14%


Boat w/engine under 49 HP and Sailboat Resident $290.00 $ 320.00 $ 350.00 9%
(w/admission) Non-Resident $345.00 $ 380.00 $ 440.00 16%
Resident $195.00 $ 184.00 delete N/A
Small Craft (with admission)
Non-Resident $234.00 $ 219.00 delete N/A
Small Craft (permit only) Resident/Non-resident $40.00 $ 45.00 $ 50.00 11%

Dry Mooring (Gravel) Resident/Non-resident $395.00 $ 435.00 $ 475.00 9%


Boat Storage

Dry Mooring (Paved) Resident/Non-resident $445.00 $ 490.00 $ 540.00 10%


Wet Mooring Resident/Non-resident $525.00 $ 578.00 $ 635.00 10%
Shore Mooring Resident/Non-resident $235.00 $ 259.00 $ 285.00 10%
Small-Craft Storage Resident/Non-resident $175.00 $ 193.00 $ 215.00 11%
Attachment B
2019 Flatirons Golf Course Fee Proposals

2019
Proposed
2012 Fee 2013 Fee Fees % Increase
9 Holes $ 22.00 $ 22.00 $ 25.00 13.64%
Adult
18 Holes $ 34.00 $ 34.00 $ 38.00 11.76%
9 Holes $ 16.00 $ 16.00 $ 18.00 12.50%
Golf Course Per Senior
18 Holes $ 25.00 $ 25.00 $ 27.00 8.00%
Golf Course Fees Regular Season

Round Fees Monday -


9 Holes $ 12.00 $ 12.00 $ 12.00 0.00%
Thursday Youth
18 Holes $ 20.00 $ 20.00 $ 22.00 10.00%
(May 1-Octboer 31)

9 Holes $ 17.00 $ 17.00 N/A N/A


Student
18 Holes $ 26.00 $ 26.00 N/A N/A

9 Holes $ 24.00 $ 24.00 $ 26.00 8.33%


Adult
18 Holes $ 39.00 $ 39.00 $ 42.00 7.69%
9 Holes $ 18.00 $ 18.00 $ 20.00 11.11%
Golf Course Per Senior
18 Holes $ 29.00 $ 29.00 $ 31.00 6.90%
Round Fees Friday -
9 Holes $ 14.00 $ 14.00 $ 14.00 0.00%
Sunday and Holidays Youth
18 Holes $ 22.00 $ 22.00 $ 24.00 9.09%
9 Holes $ 19.00 $ 19.00 N/A N/A
Student
18 Holes $ 31.00 $ 31.00 N/A N/A

9 Holes $ 22.00 $ 23.00 4.55%


Adult
Golf Course Fees Shoulder Season

18 Holes $ 34.00 $ 35.00 2.94%


Golf Course Per
9 Holes $ 16.00 $ 18.00 12.50%
Round Fees Monday - Senior
18 Holes $ 25.00 $ 27.00 8.00%
(March 11-April 30)

Thursday
9 Holes $ 12.00 $ 12.00 0.00%
Junior
18 Holes $ 20.00 $ 20.00 0.00%
9 Holes $ 24.00 $ 26.00 8.33%
Adult
18 Holes $ 35.00 $ 38.00 8.57%
Golf Course Per
9 Holes $ 18.00 $ 20.00 11.11%
Round Fees Friday - Senior
18 Holes $ 28.00 $ 29.00 3.57%
Sunday and Holidays
9 Holes $ 14.00 $ 14.00 0.00%
Junior
18 Holes $ 22.00 $ 22.00 0.00%

9 Holes $ 22.00 $ 24.00 9.09%


Adult
18 Holes $ 34.00 $ 35.00 2.94%
Golf Course Per
Golf Course Fees Off Season

9 Holes $ 16.00 $ 18.00 12.50%


Round Fees Monday - Senior
(November 1-March 10)

18 Holes $ 25.00 $ 27.00 8.00%


Thursday
9 Holes $ 12.00 $ 12.00 0.00%
Junior
18 Holes $ 20.00 $ 20.00 0.00%

9 Holes $ 24.00 $ 25.00 4.17%


Adult
18 Holes $ 33.00 $ 34.00 3.03%
Golf Course Per
9 Holes $ 18.00 $ 19.00 5.56%
Round Fees Friday - Senior
18 Holes $ 29.00 $ 29.00 0.00%
Sunday and Holidays
9 Holes $ 14.00 $ 14.00 0.00%
Junior
18 Holes $ 22.00 $ 22.00 0.00%
TO: Parks and Recreation Advisory Board

FROM: Yvette Bowden, Director, Parks and Recreation Department


Alison Rhodes, Deputy Director
Jeff Haley, Planning, Design and Community Engagement Manager

SUBJECT: Matters from the Department

DATE: October 22, 2018

A. Harbeck-Bergheim House Update


This project is continuing with the background research and engagement phase in anticipation
for developing scenarios that will be presented to the PRAB, Landmarks Board and ultimately
City Council early next year. On October 25th, an information packet will be presented to City
Council to provide an update concerning the community engagement related to the community
values that should be considered in exploring a preferred option and factors determining future
uses of the landmarked City of Boulder property. The update will provide a research summary
and information about the property’s history and financial operating and capital
needs/implications as well as project community engagement feedback to date. Further, the
memo outlines remaining project research to be completed and additional community
engagement planned in anticipation of City Council’s next review (2019). This packet will also
be delivered to the PRAB and the Landmarks Board. Currently, staff is presenting a brief update
to the PRAB.

In April, staff kicked-off the community engagement phase of the project to consider the options
now available with the house and determine a successful long-term option that is supported by
the community. Typical to any asset within the department’s portfolio, staff must carefully
consider the right approach to the long-term ownership and management of the property based
upon comprehensive community engagement and recommendations from the PRAB and City
Council. More detailed background information and status can be reviewed by accessing the
following links:

Link to previous IP

Link to web page

REPORTS AND ASSESSMENTS

Staff has compiled a variety of studies and assessments to inform the project, give context to the
community and inform decision-making. The following section provides a brief overview of the
research completed to date and more detailed information will be provided in the upcoming
Information Packet to City Council.
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
Inspection Report
The inspection is a current assessment of exiting conditions of the structure. This report was used
to determine that there were no immediate safety concerns and allowed the department to decide
short-term capital needs versus those efforts that might be addressed once future use is
determined. It also provides information on projected capital needs for repair and maintenance,
not considering historic restoration efforts that were not considered in the inspection. A home
inspection report, dated August 21, 2018, revealed no immediate safety hazards. Many
property features were identified for repair to prevent further deterioration or showing signs of
wear normal for the building’s age. The inspection report is a written evaluation of current
conditions at the time of the inspection. It does provide a level of deficiency but does not
prioritize or provide cost estimates for repairs. In accordance with the report’s findings, no
major repairs or renovations are scheduled while the city’s decision-making process is underway.

Appraisal / O&M Costs


The appraisal provides current market value for lease or sale of the home. In addition, it provides
the current replacement value which is necessary to accurately approximate the annual O&M. A
home appraisal report was submitted on September 27, 2018. The “as is” market rate value is
estimated at $3,066,000 with an estimated real estate tax estimated at $57,865.53 per year.
Current ownership is tax exempt. For standard facilities, the city applies a standard of 4.5% of
the replacement value to approximate the cost of annual O&M on any property. Staff anticipates
some lower costs based on minimal use however also anticipates higher repair and renovation
costs associated with historic buildings. Overall, in considering the Harbeck House, staff is
confident applying the standard O&M valuation to this property. Assuming the appraisal
report’s total replacement value (estimated at $1,045,000), O&M would be approximately
$47,025/yr. Exact O&M cannot be accurately accounted for due to the variety contract packages
and service bundles developed for cost savings.

Historic Feature Assessment


The interior of the house includes several features noted by some community members are
worthy of further study and, perhaps, heighted protection or preservation. Appreciating this
input, staff is undertaking a historic feature assessment that will provide a third-party evaluation
of the historic assets inside the house (most notably – a stained glass window). This assessment
should aid in property valuation and prioritization of any pursued easement or covenant designed
to protect such features. This information will be included in the upcoming IP to City Council.

CONTINUED COMMUNITY ENGAGEMENT

The first of a series of stakeholder meetings was held on June 21, 2018 with a public meeting
following on July 12. The stakeholder and public meeting were comprised of many people
interested in historic preservation and residents of the University Hill neighborhood. Direction
for PRAB specifically requested a reach to a broader audience. In conjunction with the in-person
opportunities to discuss the values and options, an online survey was developed to reach the
broader community. The survey was developed to contain a definition of the issue and was
embedded with information and additional links to insure the audience was educated about the
project and could answer survey questions with base knowledge.

Key Themes and Discussion Points from Stakeholder Meeting

3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200


Approximately sixteen community members were invited to a discussion of values to be
considered in the decision-making process regarding the future of the property. The stakeholders
were selected as representatives of community groups most impacted by the future use and
ownership of the house. Stakeholder feedback is summarized under three key themes. Not every
discussion point is listed, although they will still be considered as part of the process. In addition,
the group discussed areas where additional research needs to be done or where more information
could be shared. Staff is working on prioritization and timelines for the information requested.

Community Survey
The feedback obtained from the survey included participants in the stakeholder and public
meeting along with the broader audience. There were approximately 50 people at the public
meeting including many of the stakeholders. The survey reach was 95, even with an incentive to
garmer interest. The questions were intended to be in alignment with the values and options
discussion held at the public meeting. There is less alignment of values and ownership found in
the survey than the in-person opportunities.

PROCESS AND APPROACH


The project process and approach has been extended since the initial project was outlined to City
Council in April. This refined process will continue to apply the tenets and strategies
recommended during the city’s public participation process enhancements effort. The extended
process will allow time to complete the additional research necessary for the decision-making
process, exploration of additional options including public-private partnership models and other
community beneficial options reflecting expressed community prioritized values. The process
will also include additional community touchpoints including opportunities for public input
during meetings with the PRAB and a meeting with the Landmarks Board.

While no recommendation on the options are being proposed at this time, staff anticipates
working closely with the PRAB and the Landmarks Board through this process to refine the
options and final preferred option that will be provided to City Council for consideration in 2019.
Further consideration of potential hybrid Option(s) (” scenarios”) will reinforce protection of the
home as an historic asset, ensuring the department’s ability to conform with Master Plan
direction related to all asset prioritization and ensuring some degree of community purpose and
access. With these values in mind, the next phase of planning will seek to further refine options
potentially exploring scenarios that reflect the values but determine a sale/lease/retain sustainable
option:

• Identification of ownership options (whether city, philanthropic or other)


recognizing continued protection of the home as a historic landmark with
explored consideration of a conservation easement for certain interior aspects of
the home (e.g., the window);
• Some degree of public access to the home appropriate to the determined use; and
• Context of use appropriate to the neighborhood, adjacent beach park and other
community values.

Pending any additional direction from the PRAB or City Council, in October staff will continue
the following process and approach:

3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200


Phase 1: Defining the Issue and Information Sharing (Q1-2 2018 - Complete)
It is important to engage the entire community in this initiative and to ensure the community has
a thorough understanding of the situation and issues involved with the property. Staff facilitated
a variety of opportunities to share information and outline the options, so all community
members can be involved in the project. Staff utilized the city-wide open house (What’s Up
Boulder) on April 30, 2018 to kick-off the project, raise awareness of the decision-making
process and offer future participation opportunities. A host of digital resources were used to
define the issue and share information with the community through notifications related to the
history of the property and the potential options including articles as needed in the Community
Newsletter, press releases from the department, regular web page updates and social media
pushes with pictures, videos and stories. Staff submitted several updates to the PRAB in addition
to a City Council Information Packet on April 5, 2018.

Phase 2: Values and Options (Q2-Q4 2018 – In Progress)


Feedback from a broad range of the community is key for this city-wide asset. Staff is making an
effort to engage interested community members who have a more varied background of interest
in Parks and Recreation. The second round of public engagement focused on defining
community values as an important lens for exploring possible future use options. Stakeholder
and public meetings were combined with an online survey and other digital opportunities on
BeHeardBoulder.org such as story-telling and idea generation. Two self-guided tours were
hosted with a third opportunity is November. Social media pushes, web updates and community
newsletter articles appear on a regular basis. Monthly updates are sent directly to those who
signed up. PRAB and the Landmarks Board will receive updates in October and November to
coincide with the IP.

Phase 3: Research and Scenarios (Q4 2018 – Q1 2019)


Staff will use the research and background information collected in combination with community
values and feedback from community boards and City Council to develop potential scenarios to
inform the future use and ownership of the house. This will include another round of community
engagement with stakeholder and public meetings in conjunction with a broad digital
engagement effort to reach beyond those currently invested.

Potentially, scenarios and additional research would focus on:


o Use preferential to community expressed values and considering community context as well
as zoning implications;
o Public-private partnership exploration including implications potentially related to use by
nonprofits, home foundation models and sale/use with philanthropic purposes;
o Maintenance forecasting as balanced by other community capital needs;
o Subsequent processes necessary to ensure regulatory compliance/review and/or transparent
and competitive processes; and
o Considered conditional or conservation easement inclusion for certain aspects of the home’s
interior.

A joint PRAB and Landmarks Board meeting in early 2019 is anticipated.

Phase 4: Identify Preferred Scenario (tbd 2019)


Based on the outcomes of the community outreach including discussions with the PRAB and
Landmarks Board, staff will evaluate all ideas and feedback to identify a preferred option for
3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
consideration by the community and the PRAB. The goal of this phase is to get final feedback
prior to seeking consideration and approval from the PRAB and ultimately City Council. Staff
anticipates providing the PRAB and City Council with the preferred option in 2019.

B. Guidelines for Cyclocross in Urban Parks: As shared with the PRAB in the May consent
agenda, the growing sport of cyclocross is resulting in park use tensions in some communities. USA
cycling has acknowledged this challenge and provided great tips, including advice and stories, in this
guide. Some cities have chosen to ban cyclocross in their parks to protect assets and minimize
conflict.

Recognizing that cyclocross aligns with the department’s mission to promote health and well-being,
it is currently allowed in certain urban parks as part of the department’s Commercial Use or Special
Event permitting. This use (both permitted and not) results in some issues, such as damage in parks
and concerns/complaints from neighbors and other park visitors.

Working with user groups and event promoters, staff has developed a framework that balances
several competing interests:

• Promotes safety for all park users;


• Supports cyclocross on a variety of terrain and topography;
• Minimizes damage to park infrastructure and assets (e.g. turf, trees and irrigation); and
• Minimizes concerns and complaints from other park users and park neighbors.

The PRAB’s input on these draft guidelines will be considered as the guidelines are completed. The
final guidelines will be shared in parks and on social media channels. Additionally, cyclocross
stakeholders have offered to help promote good behavior through their own established
communication networks, such as on team social media and in bicycle shops.

Attachment A: Draft Guidelines for Cyclocross in Urban Parks

C. Options to Update and Improve the City’s Mosquito Management Program

See Attachment B

3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200


Attachment A

Guidelines for Cyclocross in Boulder Urban Parks

About Cyclocross in Parks


Bicycle riding, including the discipline of cyclocross, is allowed in Boulder Parks within
certain guidelines. Cyclocross practice in parks as outlined below can allow enthusiasts to
ride in a safe area, with a variety of terrain and surfaces, including turf, sand, dirt, grass, and
hills. Plus, riding in parks close to home avoids the need to drive to a location to exercise.

Goal: These Guidelines for Cyclocross allow cyclocross practice at select urban parks in
Boulder while also protecting public assets and minimizing conflict with other park users and
neighbors.

Objectives:
• Ensure safety for all park users.
• Promote health and well-being.
• Minimize damage to park infrastructure and assets (e.g. turf, trees, and
irrigation) and ensure full cost recovery for damage (including labor).
• Minimize conflicts among park users and neighbors.

Types of Use:
Individual Use: An individual riding solo.
Commercial Use: A group of more than 2 riders who pay a fee to participate
A permit is required for Commercial Use.
Special Event: An organized activity for 50 or more, or meets other requirements of
the City of Boulder’s Special Event Policy.

Guidelines for Cyclocross in Designated Parks

As ambassadors for the sport and their group, participants and instructors are
asked to follow these guidelines:

• Rotate the parks used and/or specific areas of the parks used in order to disperse
repetitive use and minimize damage and conflict.
• Adhere to all on site park rules and signage, including closures.
• Remain courteous and respectful to other on-site users and seek to minimize
conflict.
• Avoid other programmed uses and crowded park areas.
• Do not ride in parks if too much precipitation has occurred, frost exists on the turf,
and/or the areas are becoming muddy.
• Remain flexible if areas need to be altered and/or avoided.
• Require that all participants and instructors understand the importance of riding
within these guidelines and as outlined in the maps for permitted parks.
• Be responsive in continuing to address any future issues with the City of Boulder.

2018 Designated Parks: Tantra, Wonderland, Parkside, Scott Carpenter & Harlow Platts.
Maps for Permitted Parks: Note irrigation/crucial root zones (CRZs)/playgrounds
(in development)
Attachment B

MEMORANDUM

TO: Parks and Recreation Advisory Board

FROM: Parks and Recreation


Jeff Haley, Planning, Design & Community Engagement Manager
Joy Master, Natural Lands Program Coordinator
Planning and Sustainability
Valerie Matheson, Senior Urban Wildlife Conservation Coordinator
Rella Abernathy, Integrated Pest Management Coordinator
Open Space and Mountain Parks
John Potter, Resources and Stewardship Division Manager
Andy Pelster, Agriculture Stewardship Supervisor
Don D’Amico, Ecological Stewardship Supervisor
Will Keeley, Wildlife Ecologist
Marianne Giolitto, Wetlands and Riparian Ecologist
Public Works
Joe Taddeucci, Water Resources Manager

DATE: October 22, 2018

SUBJECT: Updating and Improving the City’s Mosquito Management Program


________________________________________________________________________

EXECUTIVE SUMMARY
The City of Boulder’s mosquito management plan was initiated in 2003 in response to a West
Nile virus (WNv) outbreak. Since that time, more is known about mosquito breeding patterns
on city properties, the ecosystem impacts of mosquito control treatments and the risk of WNv
to people. The city’s initial management plan developed protocols to minimize the impacts of
treatments to the environment, but an analysis of data collected since 2003 and new research
shows that refinements can be made that could more effectively manage mosquitoes, while
enhancing and protecting ecosystem health. Proposed changes to the mosquito management
program will address the amount of mosquito activity by lowering negative impacts of
mosquitoes and lowering the risk of mosquito-borne disease by improving wetland ecological
processes and associated ecosystem services and raising public awareness.

The city’s current mosquito management plan treats all Culex larvae (type of mosquito that
can potentially transmit West Nile virus) at every site with larvicide, regardless of whether the
site is artificial with no ecological value or is part of ecologically-significant wetland
ecosystem. In addition, selected sites in high mosquito activity areas are treated with larvicide
for non-disease transmitting mosquitoes without considering the context of the particular site
or the long-term impacts from mosquito control treatments.

Since the original plan was adopted, multiple studies show concerning effects from mosquito
larvicide treatment at every level of the food web with potentially adverse ecosystem-wide
impacts. Ecosystem management and pest management are not mutually exclusive, and can in

1
fact, achieve the same goals by using the inherent strengths of the ecosystem that naturally
limit pest populations. The strategies for a systems or holistic approach to mosquito
management can be achieved by utilizing existing tools for ecosystem management and
applying the knowledge from studies of mosquito biology and mosquito interactions with
competitors, predators and wetland ecological dynamics.

GUIDING QUESTION
How might we reduce the negative impact of mosquitoes to people in and around the City of
Boulder with the least amount of environmental impact and the most ecologically-sound
human involvement so that the public feels assured and has confidence that the City of
Boulder is addressing the issues and using resources efficiently?

CORE COMPONENTS OF THIS PLAN


1. Managing mosquito breeding: Reducing mosquito breeding, where appropriate,
while applying treatment solutions that are specific and tailored to each site to
maximize effectiveness;
2. Maintaining or enhancing ecosystem function: A sound and healthy ecosystem is
crucial for environmental sustainability and resilience—functioning ecosystems
support a diverse community of predators that can limit mosquito populations; and
3. Educating, training, and building awareness: Strengthening public awareness and
understanding about mosquito treatments, breeding, and ecological value to further
support the city’s ability to implement and manage an effective program.

PROPOSED BENEFITS AND CHANGES TO EXISTING PROGRAM


1. Building better field protocols to gather site-specific data from each field monitoring
visit to better understand the factors that influence mosquito breeding.
2. Utilize a holistic approach to mosquito larval treatment program. Support ecological
systems overall, using a range of appropriate treatments to help maintain healthy
wetlands and work towards restoring degraded wetlands.
3. Use an adaptive management approach with flexibility to adjust as needed.
4. Redirect savings from program improvements to other areas such as yard inspection
programs and training city operations crews to recognize and mitigate urban mosquito
breeding, which is effective for protecting public health and is better for the
environment.
5. Re-examine and update the original plan’s mosquito breeding site categories to better
reflect each site’s characteristics and choose the most effective management option(s).
6. Increase public education and awareness of the city’s mosquito management protocols
and provide guidance for maintenance of private spaces.
7. Protect city, county and state sensitive species (e.g., northern leopard frog, northern
redbelly dace, grassland-nesting birds), and federally-managed species (e.g., bald
eagle).

QUESTION FOR PARKS AND RECREATION ADVISORY BOARD:

Does PRAB support the staff recommendation and approach for changes to the city’s
mosquito management program?

2
BACKGROUND
With changing climate, habitat destruction/fragmentation, and contamination from pollutants,
including widespread pesticide use, alterations in species composition and range is
transforming the world’s ecosystems with consequences that are yet to be fully understood. A
February 1, 2018 Information Packet memo discusses the planet’s biodiversity crisis and the
city’s Ecological Integrated Pest Management (IPM) Policy that uses a holistic approach that
relies less on direct control methods of individual undesirable species and focuses
predominantly on enhancing biodiversity and ecosystem balance to utilize the natural
processes that keep populations of undesired species low.

An emerging pattern from ecosystem degradation is an increase in pest and disease-causing


species, including mosquitoes and ticks. In some areas of the country, mosquito populations
have increased by as much as 10-fold in the last few decades. According to a recent study, the
main drivers for this increase are anthropogenic – land use patterns, such as urbanization, and
pesticides in the environment.

When the city first developed a mosquito management program in 2002, the environmental
and human health risks of using a suite of pesticides to target mosquitoes at every life stage
were found to be too high and were not in alignment with the city’s IPM Policy and natural
lands protection guidelines. As West Nile virus (WNv) was moving westward across the
country at that time, it necessitated a thoughtful and effective plan to protect the public health.
The city developed a plan to address the threat of WNv to the public, while reducing the
impacts to the environment.

Urban areas create artificial environments that breed Culex mosquitoes, the species that can
vector or transmit WNv, and outreach and education programs were initiated to encourage the
public to drain standing water in residential yards and inform residents about the importance
of personal responsibility to avoid mosquito bites.

Potential mosquito breeding sites on open space and natural lands are under city management.
City staff were concerned about applying mosquito control products that could disrupt
wetland ecological balances. Therefore, the city’s program focused on limiting the amount of
larvicide (Bti) applied to wetlands by treating only Culex larvae and leaving non-vector or
nuisance mosquito larvae untreated to reduce Bti application and maintain an important food
source for other animals. In 2007, a nuisance program was added to the WNv management
program in high mosquito activity areas around city recreational facilities and neighborhoods.
For more information about the city’s program, identified gaps, and the approach for the
current program update, please see the April 12, 2018 Information Packet memo.

What Has Changed since the Original Mosquito Management Plan was Developed?

Field Data – During the 15 years since the city’s program was adopted, the city has collected
weekly adult mosquito trap data that provides information about location, abundance and the
species of mosquitoes that are present throughout the city. The density and mosquito larval
type (Culex and non-Culex) are collected weekly from each breeding site. Staff and

3
consultants continue to analyze this dataset to determine the patterns of adult mosquito
activity, larval site breeding patterns and modeling the effect of different Bti application
protocols on projected adult mosquito activity.

Ecosystem Impacts - During the development of the city’s WNv mosquito management plan,
the scientific literature was reviewed to determine the impacts of different mosquito control
products and all were found to have broad and unacceptable impacts, except for the bacterial
larvicide product, Bti. A handful of studies showed non-target impacts and ecosystem
alterations, since Bti kills all aquatic fly larvae, including hundreds of harmless species. Basic
ecological principles would suggest that removal of a large component of the base of wetland
food webs would impact multiple other species. A recent literature review shows wide-
ranging adverse impacts, both direct and indirect, to non-target species and demonstrated
ecosystem-wide impacts from Bti use (see Attachment A). In light of this new information,
staff and ecological consultants have been reassessing larval treatment protocols.

West Nile Virus Risk to People – Our understanding of the epidemiology and risk for WNv
has changed since 2003, which should be used to inform the city’s management approach.
When WNv arrived in the Front Range in 2003, human cases reached epidemic levels and
Boulder County had the highest number of cases in the nation. Cases declined sharply in
2004, and although WNv is now endemic with cases occurring every year, it has not reached
epidemic levels since 2003.

A recent study modeled the driving forces of WNv human cases in 10 states, including
Colorado, under current and future climate scenarios and identified the drivers, which vary
depending on geographic region. WNv cases in Colorado are primarily driven by two
factors—drought and human immunity. The majority—80 percent—of people who contract
WNv have no symptoms and are unaware they were infected, but then develop immunity. The
authors of this study suggest that population-wide protections from immunity are much higher

4
than expected and their models predict that it is unlikely that Colorado will experience
another WNv epidemic. However, it’s important to keep in mind that susceptible individuals
can become ill if bitten by an infected mosquito.

Appropriateness of Adult Mosquito Control Contingency Plan – The WNv Mosquito


Management Plan contains provisions for adult mosquito management that includes
spraying/fogging with insecticides in the event of a WNv outbreak. Studies show this
approach is ineffective with potentially adverse effects for human and environmental health.
A WNv outbreak is also unlikely, and if it or another mosquito-borne disease were to reach
concerning levels, staff has outlined a series of escalating risks and associated actions to
reduce human exposure (Attachment B).

Staff Recommendation for Changes to the Program


A team of interdepartmental staff ecologists and ecological consultants have been reviewing
data, scientific literature and assessing ecologically-sound practices to reduce mosquito
activity.

The city’s current program has two major components – 1) larval site monitoring and
larvicide treatment and 2) adult mosquito monitoring and WNv testing.

In addition to refining larval treatment protocols, there are other opportunities to improve
mosquito management. Staff is proposing an adaptive management plan that addresses each
site individually, gathers data to assess adult and larval populations, relevant ecological
parameters, and reviews the data each year to continuously improve the program.

5
The following table provides an overview of proposed changes to the program.

Program Component Rationale


Keep Adult mosquito trapping, monitoring Provides valuable information about
Unchanged and WNv testing overall mosquito activity and WNv
risk
Modify Larval breeding site treatment Site-specific treatments provide
− Categorize sites by ecological better mosquito management,
quality protect biodiversity and can provide
− Pinpoint breeding habitat within more comprehensive management of
each site mosquito populations based on
− Choose from multiple treatment current research and
options to tailor most scientific/ecological principles
appropriate/effective
management for each site
− Refine existing field treatment
protocols for Bti application
− Develop new protocols for
ecological field technicians to
monitor mosquito breeding,
natural enemy presence, and
other relevant site attributes
Modify Adult mosquito control contingency The original WNv management plan
plan allowed for insecticide application
for adult mosquitoes if certain
thresholds were met. The thresholds
have never been met. The potential
harm of adulticide treatments
outweighs the benefit. A chart of
escalating WNv risk and associated
city actions has been created that
addresses risk and protect public
health (Attachment B).
Modify Improve public education and − Provide more information about
outreach city operations to increase
transparency and better
understanding about the city’s
program.
− Provide more outreach about the
role of personal responsibility
and actions to reduce mosquito
breeding sites and prevent bites.
− Improve complaint tracking to

6
Program Component Rationale
help ID potential mosquito
problem spots and refine
management to more effectively
address.
Add Integrated irrigation management and Minimize mosquito breeding sites
infrastructure maintenance strategy caused by irrigation by evaluating
by interdepartmental team drainage from fields and trails,
modify irrigation water release
schedules where appropriate,
coordinate between departments
responsible for ditch maintenance or
relationships with ditch companies
to better respond to mosquito
breeding issues – both prevention
and responding to problems as they
arise
Add Train urban staff from Parks Crews will receive training to report
Operations and Public Works to or manage areas with stagnant water
recognize breeding problem spots in and respond in the field to drain or
parks, storm water drains and other treat with Bti.
public areas
Add Develop materials for code There is no ordinance to address
enforcement to provide to private standing water on private property.
property owners with standing water Code enforcement could provide
issues. educational materials in response to
neighbor complaints about standing
water issues.

Most significant change – larval breeding site assessment and treatment options
Mosquito breeding sites cover a wide range of types from muddy depressions in soil, stagnant
water in containers or storm drains to high quality wetlands. If breeding sites can be
eliminated by inspecting and draining artificial sites, cleaning clogged trash gates in ditches or
managing flood irrigation, this is the quickest and most effective approach. However, sites
with high ecological function can possess built-in pest controlling organisms, such as fish,
predatory insects, birds and spiders that can keep mosquito populations naturally low. Bti
should be used where appropriate, but alternative treatments should first be considered.

Staff is currently assessing the ecological significance of breeding sites and mosquito larval
breeding history to develop a site-specific management plan. Breeding sites fall roughly into
the following categories:

7
General Characterization of Mosquito Larval Breeding Types

The most challenging category is 4 – high quality/high breeding sites. Some of these sites
may need to be treated with Bti in the short-term. However, high quality/high breeding sites
are the most susceptible to damage from repeated Bti applications and staff will be exploring
alternative treatments to decrease mosquito breeding habitat and enhance predator
populations.

The following table provides a range of treatment options. Some may be implemented over
time as program changes are evaluated as these treatments are implemented.

Mosquito Treatment Pros Cons

Bacterial larvicide - Bti − Effective at killing mosquito larvae − Body of literature shows direct
(Bacillus thuringiensis − Less impactful than synthetic impacts to non-target organisms,
israelensis) chemical pesticides, surface oils including amphibians
and methoprene (insect growth − Indirect impacts to non-targets
regulator) − Ecosystem-wide impacts
− Proven industry standard − Persistent in sediment
− Spores can be transferred to untreated
sites
− Can reproduce

8
Mosquito Treatment Pros Cons

− Formulations can contain


contaminants
− Evidence that resistance can develop
in some mosquito species

Predator complexes that All mosquito life stages are prey items − Variable and complex depending on
occur naturally for many groups of animals in both type of site
aquatic and terrestrial systems.
− Highly site specific
− Can be highly effective
− Colonization rates vary for mosquitoes
− Cost-effective
and predator groups
− Part of thriving ecosystem that
− Requires resources for monitoring and
provides many other benefits,
data analysis
including wetland ecosystem
services
− Complies with IPM policy and
integrated ecosystems strategy
− Manages for increases in
distribution and abundance of
sensitive species

Encouraging predators − Attracting wide variety of − Must align with site-specific objectives
by creating habitat or invertebrate and vertebrate species − Not appropriate for all sites
enhancing existing provides free, efficient pest control − Takes time to implement - would have
wetland health − Provides other important ecological to be transitioned over time
benefits and services
− Improves biodiversity
− Studies provide guidance for
improving habitat (e.g. plantings to
attract spiders, birds)
− Terrestrial predators reduce adult
mosquitoes migrating from outside
city properties

Introducing predators as − Option for low or mid-quality − Important to source/use native


biocontrol agents wetlands predators
− Can rear some biocontrols (e.g. − No experience using this method
copepods) − May need to gather data about a
− May be able to purchase candidate site before initiating
− Potential to transfer from other sites − Requires tracking and monitoring
− May require special permits

9
Mosquito Treatment Pros Cons

Vegetation management − Vegetation management can − Takes time to learn vegetation


and prescribed burning decrease harborage for adult management specifically for mosquito
mosquitoes, breeding habitat for management
larval mosquitoes and attract − May not be appropriate for other site
predators. management objectives
− Improves invasive species
management and improves overall
biodiversity and habitat quality
− Advances other city site objectives.

Create new healthy − Can control large numbers of both − Expensive


wetlands larval and adult mosquitoes − May need to secure water rights - can
− Provides other important ecological be costly, lengthy process
benefits and services − Must align with other objectives to
− Sequesters carbon justify cost
− Provide resilience to reduce impacts
from extreme weather events

Filling in artificial − Eliminates poor quality sites that − Labor-intensive/costly


depressions (e.g. wheel readily breed mosquitoes − Logistically difficult to implement
ruts, cattle hoof prints) − Reduces Bti application − At some sites, could adversely impact
surrounding area if near sensitive
habitat
− Depending on cause, may be more
cost-effective to prevent (e.g. herd
management)
− May require permits to fill if in
jurisdictional wetlands

Herd Management − Minimize the overlap of grazing − Requires coordination with staff,
and flood irrigation to prevent hoof lessees (water release management,
disturbance of wet soils. cattle grazing, etc.)
− Cost-effective and preventive − In some situations, may not be feasible
− Reduces Bti application − Heavy rain can create same issue as
irrigation

Optimize irrigation − City staff has worked with OSMP − In some cases, runoff can create good
practices agricultural lessees to alter water wetlands, which needs to be balanced
release and scheduling to decrease with standing water that becomes a
standing water. breeding site
− Land and irrigation management − Can be logistically difficult to

10
Mosquito Treatment Pros Cons

practices can be viewed through coordinate all players


the lens of mosquito breeding to − Water rights are administered by the
decrease potential breeding sites State of Colorado and there are
− Flood irrigation could be tool to limitations on what can be achieved
decrease floodwater mosquitoes by regarding modifying irrigation
allowing hatching and then schedules and quantities that may
draining to kill larvae before they impact mosquito breeding.
can emerge as adults.

Drain artificial breeding − Train staff to check equipment that Requires resources and training.
sites can fill with water and store to
prevent and dump or drain when
holding water
− Train staff to avoid overwatering
and notice when ground,
particularly turf, is saturated
− Check gutters and maintain to keep
clear and flowing
− Train staff to check storm drains
and other areas that could become
clogged and hold water

NEXT STEPS
− Staff and consultants will complete:
 Breeding site categorization
 Breeding history analysis for individual sites
 Completion of field protocols for Bti application and ecological monitoring
− Meet with advisory boards to provide feedback to council from the Environmental
Advisory Board (Oct. 3), Open Space Board of Trustees (Oct. 10) and Parks and
Recreation Advisory Board (Oct. 22).
− Council presentation and direction (Nov. 8)
− Public engagement – Dec. 2018 – Feb. 2019
− Complete Request for Proposal for program components – Feb. 2019
− Hire contractor(s) – March 2019
− Implementation of revised program – April 2019
− Provide council with update after first year of implementation – November 2019

Attachments:

Attachment A: Review of Scientific Literature for Impacts of Bacillus thuringiensis sub-


species israelensis (Bti) for Mosquito Larval Control
Attachment B: Actions for Escalating West Nile Virus Risk

11
Attachment A

Review of Scientific Literature for Impacts of Bacillus thuringiensis sub-


species israelensis (Bti) for Mosquito Larval Control

Summary
The larvicide, Bacillus thuringiensis israelensis (Bti), is the most targeted and least toxic product
option for mosquito management. In most situations, Bti is effective at killing mosquito larvae.
However, its use should be limited due to direct toxicity to non-target organisms such as frogs
and harmless and beneficial insects, as well as indirect effects, which can impact ecosystem
function, from water quality to bird reproductive success.

Contaminants have been reported in formulated products, including pathogenic bacteria, toxins
and endocrine disrupting activity. Although Bti resistance is not known to be widespread in
mosquito larvae under field conditions, Bti has been shown to persist in the environment and it
can “recycle” or replicate. Bti spores can be transported to untreated sites by adherence to animal
bodies or through feces and cause potential non-target impacts at these untreated sites.

Bti has its place in mosquito management. Due to the potential for ecosystem-wide impacts,
however, other alternatives such as natural population controls, should be considered before Bti
application—particularly in high-functioning wetlands and natural areas where Bti can disrupt
ecosystem communities.

Background
Bacillus thuringiensis (Bt) is a gram-positive bacterium that forms toxin-containing protein
crystal inclusions. When ingested by susceptible invertebrates, the crystals attack the gut. More
than 67 Bt sub-species have been identified that are targeted to specific insect groups. The sub-
species Bacillus thuringiensis israelensis (Bti) was discovered in 1976 and is toxic to aquatic fly
larvae, including mosquitoes, black flies, craneflies, non-biting midges (chironomids), fungus
gnats, filter flies and others in the sub-order Nematocera. When the Bti crystal inclusions are
ingested by the larva, it binds to the gut, releases toxins, and forms pores that disrupt the tissues
and osmotic balance, killing the insect. See Lacey, 2007 details.

The Bti life cycle has a “sporulation cycle,” that includes vegetative cell division and spore
development. The vegetative phase is the living, replicating component of the lifecycle. Each
vegetative cell divides into two daughter cells. When starved of nutrients, a daughter cell within
the mother cell is walled off into an “endospore.” When the mother cell dies, the spore is
released. These spores are dormant and resistant to drying, heat and other environmentally
adverse conditions. The protein crystals afford protection for the spores and also provide
nutrients for germination when the spores are activated and convert to vegetative cells (Ibrahim
et al., 2010).

1
Endospore formation and cycle (Attribution)

Production
Bti is produced by fermentation in large vats using a variety of materials/media that provide
nutrients for the bacteria, which can influence its toxic properties and final formulation. For
instance, some of the nutritional media can remain when the spores are recovered (Lacey, 2007).
A few days before harvesting, nutrients are no longer provided, at which point the bacteria die,
leaving dead cells, crystal proteins, and spores in the fermentation broth. The broth is processed
into formulations of the final Bti product (Valent Biosciences). Additives are typically not
disclosed by pesticide manufacturers and are considered proprietary information, but can include
synergists, surfactants, sticking agents and UV protectants.

The potency is tested from each batch, which is measured in international toxic units or
[ITU]/mg. However, there is no screening for metabolite or microbiological contaminants, and
pathogenic bacteria have been found in Bti preparations (World Health Organization, 2009).
Screening for endocrine disrupting properties is also not conducted on Bti formulations.
However, significant estrogenic properties were found in three of five Bti formulations in
laboratory assays, although it was not detected in field testing. These tests were conducted to try
to determine the source of estrogenic activity in ground water near areas where Bti was applied.
(Maletz et al., 2015).

2
Other toxic products, in addition to the protein crystals, can be produced by Bti:

During vegetative growth, various Bt strains produce an assortment of antibiotics,


enzymes, metabolites and toxins, including Bc toxins, that may have detrimental effects
on both target organisms and non-target organisms. Beta-exotoxin, a heat-stable
nucleotide, is produced by some Bt subspecies during vegetative growth and may
contaminate the products. Beta-exotoxin is toxic for almost all forms of life, including
humans and the target insect orders (World Health Organization, 2009).

Efficacy
Larvicides are considered the most effective and important component of mosquito control
programs, since treatments can be applied to known breeding sites where mosquitoes are
concentrated, and larviciding prevents the emergence of adult mosquitoes. Bti is also one of the
most targeted and least acutely-toxic product options. Different formulations are designed to
make contact with mosquito larvae in different types of habitats and include powders, liquid
suspensions, granules, tablets, and briquettes. Multiple variables effect the lethality of Bti,
including the insect’s instar (age), density, organic content, temperature, susceptibility of the
target species, etc. (Laurence et al. 2010). Larvae that ingest Bti die rapidly—usually within a
few hours.

Persistence, Proliferation and Resistance


Problems can arise from the use of all insecticide products, whether synthetic, natural or
microbial—broad-spectrum or targeted. As pest managers become more reliant on regular use of
pesticidal products, the pesticide can accumulate in the environment and insects can develop
resistance.

Resistance: Field resistance to Bt sub-species that target beetles or lepidopterans has been
reported and the underlying genetic mechanisms have been studied. The changes in genetic
expression that allow insects to develop resistance have also been examined in mosquito larvae
(Tetreau et al., 2012). Because Bti has four major toxins and additional minor toxins, the
development of resistance is complex and requires the involvement of multiple genes (Bonin et
al., 2015, Ben-Dov, 2014). This is thought to be the reason why resistance is developing slowly
in natural mosquito populations. There are, however, cases in the literature of confirmed
resistance. A high level of resistance to Bti was detected in a population of Culex pipiens in New
York (Ayesa et al., 2005).

Persistence: Insecticides that break down slowly and persist in the environment chronically
expose both target and non-target organisms. Persistent pesticides prolong exposure of the pest,
and if the pest remains susceptible, the pesticide will continue to control it. But long-term
exposure can drive resistance and contribute to undesirable non-target impacts that can alter
ecosystem dynamics. Studies show a range of activity for Bti under field conditions. Although
it’s generally thought that Bti is gradually deactivated and does not persist, several studies show
that it can and does persist and remain toxic. Bti leaves the water column relatively quickly, after
which the spores settle out of the water and bind to the soil substrate or particulates. When the
soil or particulate substrates were stirred and filtered three weeks later, the suspension retained
3
toxicity (Ohana et al., 1987) A study with simulated field conditions showed Bti residual activity
for 20 weeks (Marcombe et al., 2011). Decaying leaf litter collected from ponds treated with Bti
was found to be highly toxic to mosquito larvae months after application (Tetreau et al., 2012).

Bti spores can persist for months in the environment. The number of treatments, the type
vegetation, and the presence of organic matter are all associated with persistence of the spores.
Change in water level or salinity does not appear to affect spore persistence. “Recycling” or
proliferation is when the spores germinate and return to vegetative growth, replicate, sporulate
and produce toxins. Bti can kill mosquito larvae and then proliferate from their carcasses (Aly et
al., 1984). Pupae can also recycle Bti. Older forth instar larvae that ingested Bti and completed
pupation, later died as pupae from Bti infection and the carcasses of the pupae were found to
recycle Bti (Khawaled et al, 1989).

One study showed no evidence that recycling occurs in sediment or other substrates and found
that mosquito larvae must be present for recycling to occur (Duchet et al., 2013). However
another study found much higher levels of spores in leaf litter than expected from Bti application
alone and the researchers suggest that proliferation is occurring, as well as spore persistence
(Tetreau et al., 2012). Bti has even been detected from untreated sites at high levels in decaying
leaf litter. A high number of viable spores correlated with toxicity of the leaf litter samples to
mosquito larvae. The researchers suggest that the bacteria could be germinating and proliferating
in the natural environment (Tilquin et al., 2008). Spores can be transported to untreated sites by
animals in two ways. The spores can adhere to the bodies of animals or be excreted after
ingestion in the feces. The excreted spores maintain toxic properties and mosquito larvae are
killed when exposed to them (Brazner and Anderson, 1986, Snarski, 1990).

The variability in studies shows that analytical techniques, field conditions, formulations and
many other factors determine the persistence of Bti, and unlike most pesticides, since Bti is a
microorganism, it does have the ability to replicate. This raises concerns about resistance
developing in mosquito larvae, as well as impacts to food webs and habitat quality.

Ecological Impacts
Bti is a biopesticide and it is commonly thought to be safe and non-toxic to vertebrates and non-
target invertebrates. This assumption is based on a number of studies in the past that found no
secondary or indirect impacts from Bti treatments. During that same time period, some studies
did record concerning impacts from Bti. One study measured significant losses in biomass at
sites treated with Bti. In a three-year study, insect densities were reduced by 57 to 83% and
biomass was reduced by 50 to 83% (Niemi et al., 1998). The researchers emphasized the
potential impacts from the magnitude of these losses:

The prevailing knowledge of wetland ecosystems is too limited to fully assess the
ramifications of these declines in aquatic insect communities for other food web
components or for the overall functions of these wetlands. The application of these
insecticides can certainly be viewed as changing the function and structure of these
wetlands because of large reductions in insects, a major component of wetland food
webs. It is difficult to believe that reductions of insect density and biomass in the range of
4
50 to 80% would not eventually have major effect on these wetlands. Their ultimate
effects remain unclear.

Direct Ecological Impacts


Several recent studies indicate a wide range of impacts from Bti treatments at all trophic levels of
wetland ecosystems.

Impacts to non-target flies: Bti kills mosquitoes and other aquatic fly larvae from the sub-order
Nematocera. Therefore, it would be expected that populations of non-target flies will be
impacted from Bti use. The non-biting midges, or Chironomidae, are a diverse group of flies and
can make up more than half of the species in wetland systems and dominate flying insects. A
recent study that surveyed male chironomids in Colorado’s Fountain Creek Watershed identified
151 different species (Hermann et al., 2016). Although different studies have shown a range of
impacts to chironomids from Bti application, some have shown no impacts. One found no
difference from Bti treatment for two common chironomid species in natural wetlands (Duchet et
al., 2015). Another study cautioned that toxicity to Bti in chironomids varies greatly throughout
their development and that many studies likely underestimate risk. Toxicity to larvae of
Chironomus riparius was 209 times greater for first instar larvae and 90 times greater for second
instar larvae than the lowest field application rate used in mosquito control (Kästel et al.,2016).
Another study of temporary flooded wetlands found rich biodiversity of chironomid species with
high turn-over between years in these unstable habitats. Bti treatment did not lower species
richness. However, treated sites had a significant difference in species turnover and colonization
dynamics were affected (Lundström et al., 2009). One study showed a significant decrease in the
density of chironomids from Bti treatment (Pauley et al., 2015) and another long-term study in
natural wetlands showed a 78% reduction of chironomid and related aquatic flies in treated areas
(Jakob and Poulin, 2016).

Impacts to non-fly invertebrates:


Although no acute toxicity to Bti was observed, the amphipod, Gammarus lacustris, ingested Bti
and spores were found in its feces. The amount of time that Bti remained in the gut was much
longer than expected. Bti spores were also found in the guts of newborn progeny that were born
at least a week past the last Bti exposure of the parent (Brazner and Anderson, 1986).

Bti is not just toxic to aquatic flies. A review paper listed an expanded host range of species that
are susceptible to Bti that includes terrestrial flies, moths, beetles, nematodes and flatworms
(Ben-Dov, 2014).

Five species of zooplankton or microcrustaceans that coexist with mosquito larvae in coastal
wetlands were exposed to range of Bti concentrations and were examined for acute and chronic
effects. Crustaceans were chosen for this study with a range of different feeding behaviors,
including predators, herbivors, filter feeders and benthic scrapers. As concentrations of Bti
increased and over time, there was a pattern of increasing mortality (Olmo et al, 2016). Another
study found Cladocera (waterfleas) were significantly affected by Bti treatment (Pauley et al.,
2015).
5
Impacts to amphibians:
Bti is said to be nontoxic to vertebrates. However, recent studies show direct toxicity to tadpoles
(Hyla versicolor). Short-term exposure of tadpoles to Bti affected their locomotion. Compared to
controls, exposed tadpoles spent more time motionless, spent less time swimming and traveled
shorter distances (Junges et al., 2017). When predators (dragonfly larvae) are present, Bti
treatment significantly decreases tree frog tadpole survival (Pauley et al., 2015). Tadpoles
(Leptodactylus latrans) showed dose-dependent sensitivity to Bti and 100% died after 48 hours
of exposure to the highest dose, which is at the top range of recommended field rates. Exposure
to lower doses of Bti induced intestinal damage (See figure below). Changes to enzymes created
oxidative stress, leading to genotoxicity, which could be the cause the intestinal disruption
(Lajmanovich et al., 2015).

From Lajmanovich et al., 2015.

Indirect Effects
The organisms that are directly affected from Bti are members of complex wetland communities
and impacts to one component can have cascading effects that indirectly impact other organisms.
Studies that assess indirect impacts are challenging to conduct. The majority of studies related to
Bti effects look at efficacy for killing mosquito larvae. There are several studies looking at direct
impacts to non-target organisms, but very few on indirect effects or persistence (Poulin, 2012).

Impacts to micro-organisms:
Very low concentration Bti treatment (too low to kill mosquitoes) in freshwater microcosms
caused no measurable impacts to microorganisms, nutrients or suspended particles. Two weeks
after application of high dose Bti, mosquito larval and microorganism density were decreased—
the most abundant bacteria species were suppressed. After 44 days post-treatment, cyanobacteria
was significantly reduced, showing changes in microbial community composition, reduced
nutrients and algae (Duguma et al., 2015).

In a large study of natural wetlands, Bti application increased the density of protozoans by 4.5
times and the taxonomic richness increased by 60%. Mosquito larvae feed on protozoans and
6
both mosquitoes and protozoans feed on bacteria (Östman et al., 2008).

A study showed that Bti is not directly toxic to phytoplankton. Mosquito larvae feed on
phytoplankton, which decrease in a curvilinear fashion as mosquito density increases. Primary
producers are indirectly impacted when mosquito larvae and related species are killed and
removed from the ecosystem from Bti application (Duguma et al., 2017).

Impacts to macroinvertebrate mosquito predators:


A large-scale, five-year study of adult Odonata (dragonfly and damselfly) monitored richness
and abundance in natural wetlands. A five-fold reduction in abundance and three-fold reduction
in richness was found in Bti-treated sites. This was thought to be due to depletion of food
availability from an 87% reduction of aquatic flies from treated sites (Jakob and Poulin, 2016).

Impacts to vertebrates:
House martins were assessed for three years between control and Bti-treated sites for diet, clutch
size, and fledging survival. Insect prey at untreated sites was mainly spiders and dragonflies.
Prey items were significantly smaller at treated sites and more flying ants were eaten.
Reproductive success was lower at treated sites with decreased clutch size and fledging survival
(Poulin et al., 2010).

Literature Cited
Aly, C., Mulla, M. S., & Federici, B. A. (1985). Sporulation and toxin production by Bacillus
thuringiensis var. israelensis in cadavers of mosquito larvae (Diptera: Culicidae). Journal of
Invertebrate Pathology, 46(3), 251–258. https://doi.org/10.1016/0022-2011(85)90066-7

Ben-Dov, E. (2014). Bacillus thuringiensis subsp. israelensis and Its Dipteran-Specific Toxins.
Toxins, 6(4), 1222–1243. https://doi.org/10.3390/toxins6041222

Bonin, A., Paris, M., Frérot, H., Bianco, E., Tetreau, G., & Després, L. (2015). The genetic
architecture of a complex trait: Resistance to multiple toxins produced by Bacillus thuringiensis
israelensis in the dengue and yellow fever vector, the mosquito Aedes aegypti. Infection,
Genetics and Evolution, 35, 204–213. https://doi.org/10.1016/j.meegid.2015.07.034

Brazner, J. C., & Anderson, R. L. (1986). Ingestion and Adsorption of Bacillus thuringiensis
subsp. israelensis by Gammarus lacustris in the Laboratory. Applied and Environmental
Microbiology, 52(6), 1386–1390. Abstract.

Duchet, C., Franquet, E., Lagadic, L., & Lagneau, C. (2015). Effects of Bacillus thuringiensis
israelensis and spinosad on adult emergence of the non-biting midges Polypedilum nubifer
(Skuse) and Tanytarsus curticornis Kieffer (Diptera: Chironomidae) in coastal wetlands.
Ecotoxicology and Environmental Safety, 115, 272–278.
https://doi.org/10.1016/j.ecoenv.2015.02.029

7
Duchet, C., Tetreau, G., Marie, A., Rey, D., Besnard, G., Perrin, Y., … Després, L. (2014).
Persistence and Recycling of Bioinsecticidal Bacillus thuringiensis subsp. israelensis Spores in
Contrasting Environments: Evidence from Field Monitoring and Laboratory Experiments.
Microbial Ecology, 67(3), 576–586. https://doi.org/10.1007/s00248-013-0360-7

Duguma, D., Hall, M. W., Rugman-Jones, P., Stouthamer, R., Neufeld, J. D., & Walton, W. E.
(2015). Microbial communities and nutrient dynamics in experimental microcosms are altered
after the application of a high dose ofBti. Journal of Applied Ecology, 52(3), 763–773.
https://doi.org/10.1111/1365-2664.12422

Duguma, D., Ortiz, S. L., Lin, Y., Wilson, P. C., & Walton, W. E. (2017). Effects of a larval
mosquito biopesticide and Culex larvae on a freshwater nanophytoplankton (Selenastrum
capricornatum ) under axenic conditions. Journal of Vector Ecology, 42(1), 51–59.
https://doi.org/10.1111/jvec.12239

Herrmann, S. J., Sublette, J. E., Helland, L. K., Nimmo, D. W. R., Carsella, J. S., Herrmann-
Hoesing, L. M., & Heuvel, B. D. V. (2016). Species Richness, Diversity, and Ecology of
Chironomidae (Diptera) in Fountain Creek: A Colorado Front Range Sandy-Bottom Watershed.
Western North American Naturalist, 76(2), 186–252. https://doi.org/10.3398/064.076.0206

Ibrahim, M. A., Griko, N., Junker, M., & Bulla, L. A. (2010). Bacillus thuringiensis.
Bioengineered Bugs, 1(1), 31–50. https://doi.org/10.4161/bbug.1.1.10519

Jakob, C., & Poulin, B. (2016). Indirect effects of mosquito control usingBtion dragonflies and
damselflies (Odonata) in the Camargue. Insect Conservation and Diversity, 9(2), 161–169.
https://doi.org/10.1111/icad.12155

Junges, C. M., Maglianese, M. I., Lajmanovich, R. C., Peltzer, P. M., & Attademo, A. M. (2017).
Acute Toxicity and Etho-toxicity of Three Insecticides Used for Mosquito Control on Amphibian
Tadpoles. Water, Air, & Soil Pollution, 228(4). https://doi.org/10.1007/s11270-017-3324-6

Kästel, A., Allgeier, S., & Brühl, C. A. (2017). Decreasing Bacillus thuringiensis israelensis
sensitivity of Chironomus riparius larvae with age indicates potential environmental risk for
mosquito control. Scientific Reports, 7(1). https://doi.org/10.1038/s41598-017-14019-2

Khawaled, K., Ben-Dov, E., Zaritsky, A., & Barak, Z. ’ev. (1990). The fate of Bacillus
thuringiensis var. israelensis in B. thuringiensis var. israelensis-killed pupae of Aedes aegypti.
Journal of Invertebrate Pathology, 56(3), 312–316. https://doi.org/10.1016/0022-2011(90)90117-
o

Lacey, L. A. (2007). Bacillus thuringiensis serovariety israelensis and Bacillus sphaericus for
mosquito control. Journal of the American Mosquito Control Association, 23(sp2), 133–163.
https://doi.org/10.2987/8756-971x(2007)23[133:btsiab]2.0.co;2

Lajmanovich, R. C., Junges, C. M., Cabagna-Zenklusen, M. C., Attademo, A. M., Peltzer, P. M.,
Maglianese, Marquz, V.A. Beccaria, A. J. (2015). Toxicity of Bacillus thuringiensis var.
8
israelensis in aqueous suspension on the South American common frog Leptodactylus latrans
(Anura: Leptodactylidae) tadpoles. Environmental Research, 136, 205–212.
https://doi.org/10.1016/j.envres.2014.10.022

Laurence, D., Christophe, L., & Roger, F. (2011). Using the Bio-Insecticide Bacillus
Thuringiensis Israelensis in Mosquito Control. In Pesticides in the Modern World - Pests Control
and Pesticides Exposure and Toxicity Assessment. InTech. https://doi.org/10.5772/17005

Lundström, J. O., Brodin, Y., Schäfer, M. L., Vinnersten, T. Z. P., & Östman, Ö. (2009). High
species richness of Chironomidae (Diptera) in temporary flooded wetlands associated with high
species turn-over rates. Bulletin of Entomological Research, 100(4), 433–444.
https://doi.org/10.1017/s0007485309990472

Maletz, S., Wollenweber, M., Kubiak, K., Müller, A., Schmitz, S., Maier, D., … Hollert, H.
(2015). Investigation of potential endocrine disrupting effects of mosquito larvicidal Bacillus
thuringiensis israelensis (Bti ) formulations. Science of The Total Environment, 536, 729–738.
https://doi.org/10.1016/j.scitotenv.2015.07.053

Marcombe, S., Corbel, V., Yébakima, A., Etienne, M., Yp-Tcha, M.-M., Darriet, F., & Agnew,
P. (2011). Field Efficacy of New Larvicide Products for Control of Multi-Resistant Aedes
aegypti Populations in Martinique (French West Indies). The American Journal of Tropical
Medicine and Hygiene, 84(1), 118–126. https://doi.org/10.4269/ajtmh.2011.10-0335

Niemi, G. J., Hershey, A. E., Shannon, L., Hanowski, J. M., Lima, A., Axler, R. P., & Regal, R.
R. (1999). Ecological effects of mosquito control on zooplankton, insects, and birds.
Environmental Toxicology and Chemistry, 18(3), 549–559.
https://doi.org/10.1002/etc.5620180325

Ohana, B., Margalit, J., & Barak, Z. (1987). Fate of Bacillus thuringiensis subsp. israelensis
under Simulated Field Conditions. Applied and Environmental Microbiology, 53(4), 828–831.
Full text.

Olmo, C., Marco, A., Armengol, X., & Ortells, R. (2016). Effects of Bacillus thuringiensis var.
israelensis on nonstandard microcrustacean species isolated from field zooplankton communities.
Ecotoxicology, 25(10), 1730–1738. https://doi.org/10.1007/s10646-016-1708-9

Östman, Ö., Lundström, J. O., & Persson Vinnersten, T. Z. (2008). Effects of mosquito larvae
removal with Bacillus thuringiensis israelensis (Bti) on natural protozoan communities.
Hydrobiologia, 607(1), 231–235. https://doi.org/10.1007/s10750-008-9387-z

Paul, A., Harrington, L. C., Zhang, L., & Scott, J. G. (2005). Insecticide resistance in Culex
pipiens from New York. Journal of the American Mosquito Control Association, 21(3), 305.
https://doi.org/10.2987/8756-971x(2005)21[305:iricpf]2.0.co;2

Pauley, L. R., Earl, J. E., & Semlitsch, R. D. (2015). Ecological Effects and Human Use of
Commercial Mosquito Insecticides in Aquatic Communities. Journal of Herpetology, 49(1), 28–
9
35. https://doi.org/10.1670/13-036

Poulin, B. (2012). Indirect effects of bioinsecticides on the nontarget fauna: The Camargue
experiment calls for future research. Acta Oecologica, 44, 28–32.
https://doi.org/10.1016/j.actao.2011.11.005

Poulin, B., Lefebvre, G., & Paz, L. (2010). Red flag for green spray: adverse trophic effects of
Bti on breeding birds. Journal of Applied Ecology, 47(4), 884–889.
https://doi.org/10.1111/j.1365-2664.2010.01821.x

Snarski, V. M. (1990). Interactions between Bacillus thuringiensis subsp. israelensis and Fathead
Minnows, Pimephales promelas Rafinesque, under Laboratory Conditions. Applied and
Environmental Microbiology, 56(9), 2618–2622. Full text.

Tilquin, M., Paris, M., Reynaud, S., Despres, L., Ravanel, P., Geremia, R. A., & Gury, J. (2008).
Long Lasting Persistence of Bacillus thuringiensis Subsp. israelensis (Bti) in Mosquito Natural
Habitats. PLoS ONE, 3(10), e3432. https://doi.org/10.1371/journal.pone.0003432

Tetreau, G., Alessi, M., Veyrenc, S., Périgon, S., David, J.-P., Reynaud, S., & Després, L.
(2012). Fate of Bacillus thuringiensis subsp. israelensis in the Field: Evidence for Spore
Recycling and Differential Persistence of Toxins in Leaf Litter. Applied and Environmental
Microbiology, 78(23), 8362–8367. https://doi.org/10.1128/aem.02088-12

Tetreau, G., Bayyareddy, K., Jones, C. M., Stalinski, R., Riaz, M. A., Paris, M., … Després, L.
(2012). Larval midgut modifications associated with Bti resistance in the yellow fever mosquito
using proteomic and transcriptomic approaches. BMC Genomics, 13(1), 248.
https://doi.org/10.1186/1471-2164-13-248

Valent Biosciences. VectoBac (Bti) WDG Biological Mosquito Larvicide Applications for
Control of Zika Vectors. Frequently Asked Questions. 2018.
https://www.valentbiosciences.com/publichealth/wp-content/uploads/sites/4/2017/02/faq-
vectobac-wdg-applications-for-zika-virus-vectors.pdf

World Health Organization. Bacillus thuringiensis israelensis (Bti) in drinking-water.


Background document for development of WHO Guidelines for Drinking-water Quality. 2009.
http://www.who.int/water_sanitation_health/gdwqrevision/RevisedFourthEditionBacillusthuringi
ensis_Bti_July272009_2.pdf

10
Attachment B

Conditions that Escalate Risk of West Nile Virus to People

Vector Index exceeds


Multiple positive
No infected moquito Mosquito sample Vector Index greater Consecutive weeks Vector Index exceeds 0.75 in multiple Human cases above
samples during same
samples positive for WNv than 0.5 by mid-July of positive samples 0.75 samples and average
week
escalates over time

Actions to Reduce Risk of West Nile Virus to People

City press release City increases City increaes Neighborhood Map human cases,
City reminds the when first positive signage at City provides NextDoor and Trainings to city Consider "yard leaders assist if occur in clusters,
Consider additional
public to avoid mosquito pool trailsheads and mosquito repellent social meda posts, staff to recognize audits" to reduce neighbors with yard focus on working
testing to pinpoint
bites and drain occurs and when Parks and at recreational newsstories, etc. to and decrease breeding sites in audits and provide with
hotspots
standing water first human case Recrecation facilities remind public of breedings sites urban areas city information to neighborhoods to
occurs in the city facilites increasing risk avoid bites reduce risk
2018 Parks and Recreation Advisory Board Retreat
October 22, 2018 and October 26, 2018

Purpose:
Once a year, members of the PRAB participate in a retreat to develop a work plan and
priorities to share with staff and City Council. The retreat offers an opportunity to
celebrate successes, make course corrections in work plans and chart the course
ahead.

PRAB Board Retreat (Part 1) – October 22, 2018


City Council Chambers

PRAB Business Meeting - Matters from the Board/Retreat Item


PRAB Roles, Responsibilities and Meeting Management

a. Review City Charter and PRAB roles


b. Discuss meeting management (PowerPoint presentation)
c. Review of presentation guidelines
d. Public meetings, open records, Boulder’s Code of Conduct
e. Mentoring and onboarding

PRAB Board Retreat (Part 2) – October 26, 2018


Columbia Cemetery/West Boulder Senior Center

2:30 p.m. – 3:45 p.m. – Tour of Columbia Cemetery (meet at Cemetery) with Caitlin
Berube-Smith

4:00 p.m. - 4:30 p.m.- State of the Work (West Boulder Senior Center)

a. Discussion of 2020 milestones


b. Review of Master Plan progress
c. Review of 2017 PRAB Action Plan and accomplishments

4:30 p.m. - 6:00p.m. – Working Session

a. Development of 2018 priorities and initiatives


b. Prepare letter for Council Retreat

Questions? Additional items for direction or to help you be effective?

3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200


ATTACHMENTS
Attachment A: PRAB Handbook
Attachment B: PRAB Procedural Rules
Attachment C: Power Point Presentation – Meeting Management
Attachment D: PRAB Presentation Guidelines
Attachment E: CAO Memo: Public Meetings; Open Records; Boulder’s Code of Conduct
Attachment F: PRAB 2018 Action Plan
Attachment G: Board and Commission Retreat Letters (instructions)

3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200


Attachment A

CITY OF BOULDER

PARKS AND RECREATION ADVISORY BOARD HANDBOOK

(Presented by the Rules Subcommittee to PRAB


for its review at the February 25, 2008 Board meeting)

Page 1 of 41
SCOPE ...................................................................................................................................................................................................... 3

RECOMMENDED READING ............................................................................................................................................................... 3

PART ONE: LEGAL CONTEXT .......................................................................................................................................................... 4


I. COLORADO REVISED STATUTES ........................................................................................................................................................ 4
A. Open Meetings ............................................................................................................................................................................ 4
II. CHARTER OF THE CITY OF BOULDER, COLORADO ......................................................................................................................... 4
A. The People of Boulder and Colorado’s Constitution ................................................................................................................. 4
B. City Council ................................................................................................................................................................................ 5
C. City Manager .............................................................................................................................................................................. 5
D. PRAB ........................................................................................................................................................................................... 6
III. CITY OF BOULDER REVISED CODE .............................................................................................................................................. 11
A. Boards and Commissions General Procedures ........................................................................................................................ 11
B. Parks and Recreation Advisory Board ..................................................................................................................................... 11
PART TWO: PRAB RULES ................................................................................................................................................................ 12
I. BASIC PRINCIPLES............................................................................................................................................................................ 12
II. OFFICERS ........................................................................................................................................................................................ 12
III. CONDUCT ....................................................................................................................................................................................... 12
IV. COMMUNICATIONS TO CITY COUNCIL ......................................................................................................................................... 12
V. AGENDA FOR MONTHLY BUSINESS MEETINGS.............................................................................................................................. 13
A. Overview .................................................................................................................................................................................... 13
B. Notes on Specific Agenda Item Categories .............................................................................................................................. 13
C. Agenda Committee .................................................................................................................................................................... 14
D. The Parks and Recreation Department.................................................................................................................................... 14
VI. COMMON MODES OF PRAB OPERATIONS ................................................................................................................................... 15
A. PRAB Requests to the Department........................................................................................................................................... 15
B. PRAB Informal Discussion ...................................................................................................................................................... 15
C. PRAB Action ............................................................................................................................................................................. 15
VII. RULES OF MEETING PROCEDURE ............................................................................................................................................... 15
A. Prior to a Meeting .................................................................................................................................................................... 15
B. Meeting Time and Place ........................................................................................................................................................... 15
C. Required Officers ...................................................................................................................................................................... 16
D. Duties of the Presiding Officer................................................................................................................................................. 16
E. Rights of Members .................................................................................................................................................................... 16
F. Appeal........................................................................................................................................................................................ 16
G. Quorum ..................................................................................................................................................................................... 17
H. Assignment of the Floor ........................................................................................................................................................... 17
I. Rules of Speaking ...................................................................................................................................................................... 17
J. The Handling of a Main Motion ............................................................................................................................................... 17
K. Other Useful Motions ............................................................................................................................................................... 19
L. Improper Motions ..................................................................................................................................................................... 19
M. Principal Rules Governing Motions ........................................................................................................................................ 19
N. Voting ........................................................................................................................................................................................ 20
VIII. OTHER MEETINGS...................................................................................................................................................................... 20
IX. PARLIAMENTARY PROCEDURE ..................................................................................................................................................... 20
X. AMENDMENT ................................................................................................................................................................................... 20
XI. REVIEW.......................................................................................................................................................................................... 20
PART THREE: APPENDIX ................................................................................................................................................................. 22
I. BRC CODE OF CONDUCT ................................................................................................................................................................. 22
II. CITY ATTORNEY’S MARCH 30, 2007 REPORT ENTITLED “SUMMARY OF IMPORTANT LEGAL RESPONSIBILITIES FOR BOARD
MEMBERS AND COMMISSIONERS................................................................................................................................................. 32

Page 2 of 41
SCOPE

Part one is a summary of laws relevant to the Parks and Recreation Advisory Board (PRAB); it is not intended
to be an authoritative source of the law and should be updated when laws change.

Part one is intended to provide an overview of the most important legal information relating to PRAB and to
provide the legal context in which PRAB exists. PRAB should request assistance from the City Attorney’s
Office regarding questions of legal interpretation. Note that PRAB members are bound by their oaths of office
to “… support the Constitution of the United States of America and of the State of Colorado and the Charter and
ordinances of the City of Boulder.”

Note that the actual legal text as accessed online is shown in italics in part one; any text not italicized in part one
is not part of the law. For Boulder’s Charter and the Boulder Revised Code (BRC), the text was taken from
http://www.colocode.com/boulder2/index.htm on November 19, 2007 (Note that 4-20-21 and 2-7 were taken
on January 16, 2008). For the Colorado Revised Statutes, the text was taken from
http://www2.michie.com/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0 on November 19, 2007.

Part two is intended to provide rules for PRAB to conduct its business. The rules in part two are made by
PRAB under authority granted to it by the Boulder Revised Code and are based on The Standard Code of
Parliamentary Procedure (2001). These rules are incorporated into the handbook and become effective upon an
affirmative vote of four PRAB members. Thereafter, all prior rules of PRAB in conflict therewith shall be of no
further force or effect.

Note that PRAB may not revise the statutory language quoted in parts 1 and 3, but the non-statutory rules set
forth in part 2 are subject to revision by the vote of a majority of PRAB. In addition, it is the responsibility of
PRAB to maintain this document; the department may assist PRAB by providing an annual reminder to review
and update this document, but that work is to be done by PRAB.

This document has been prepared with the assistance of the City of Boulder’s Office of the City Attorney.

RECOMMENDED READING

PRAB members are advised to read and familiarize themselves with the following:

Parks and Recreation Master Plan.

BRC 2-7 Code of Conduct. Included in part I of the appendix to this document.

City Attorney’s March 30, 2007 Report entitled “Summary of Important Legal Responsibilities for Board
Members and Commissioners” Included in part II of the appendix to this document.

The Standard Code of Parliamentary Procedure (2001).

Page 3 of 41
PART ONE: LEGAL CONTEXT

I. COLORADO REVISED STATUTES

A. Open Meetings

PRAB members are advised to read and familiarize themselves with Title 24, Article 6, Part 4, Section 202 of
the Colorado Revised Statutes, which reads in part:

(2) (a) All meetings of two or more members of any state public body at which any public
business is discussed or at which any formal action may be taken are declared to be public
meetings open to the public at all times.
(b) All meetings of a quorum or three or more members of any local public body, whichever is
fewer, at which any public business is discussed or at which any formal action may be taken are
declared to be public meetings open to the public at all times.
(c) Any meetings at which the adoption of any proposed policy, position, resolution, rule,
regulation, or formal action occurs or at which a majority or quorum of the body is in
attendance, or is expected to be in attendance, shall be held only after full and timely notice to
the public. In addition to any other means of full and timely notice, a local public body shall be
deemed to have given full and timely notice if the notice of the meeting is posted in a designated
public place within the boundaries of the local public body no less than twenty-four hours prior
to the holding of the meeting. The public place or places for posting such notice shall be
designated annually at the local public body's first regular meeting of each calendar year. The
posting shall include specific agenda information where possible.
(d) (I) Minutes of any meeting of a state public body shall be taken and promptly recorded, and
such records shall be open to public inspection. The minutes of a meeting during which an
executive session authorized under subsection (3) of this section is held shall reflect the topic of
the discussion at the executive session.
(II) Minutes of any meeting of a local public body at which the adoption of any proposed policy,
position, resolution, rule, regulation, or formal action occurs or could occur shall be taken and
promptly recorded, and such records shall be open to public inspection. The minutes of a
meeting during which an executive session authorized under subsection (4) of this section is held
shall reflect the topic of the discussion at the executive session.
(III) If elected officials use electronic mail to discuss pending legislation or other public business
among themselves, the electronic mail shall be subject to the requirements of this section.
Electronic mail communication among elected officials that does not relate to pending
legislation or other public business shall not be considered a "meeting" within the meaning of
this section.

II. CHARTER OF THE CITY OF BOULDER, COLORADO

A. The People of Boulder and Colorado’s Constitution

The preamble to the city charter reads:

Page 4 of 41
We, the people of the City of Boulder, under the authority of the constitution of the State of
Colorado, do ordain and establish this charter for the municipal government of the City of
Boulder, Colorado.

B. City Council

1. Specific duties of council

The specific duties of council are given in Article II section 12 of the city charter, which reads:

The council shall choose and appoint a city manager, a city attorney, a police magistrate, and an
auditor for such independent audits as are in this charter required or authorized to be made by
order of the council, and such advisory boards or commissions as may be desired or are
elsewhere provided for by this charter; but no member of the council shall act or be chosen as
manager.

The council shall cause to be made at least annually, and at such other times as it may deem
necessary, an audit of all financial accounts of the city.

The council shall consider all recommendations and reports from time to time presented by the
city manager, or by any of the advisory commissions or the departments of planning and parks,
and shall accept or reject the same within thirty days from the date of filing thereof with the
council.

2. Powers expressly withheld from council

Powers expressly withheld from council are given in Article II section 13 of the city charter, which reads:

Except for purposes of inquiry, the council shall deal with the administrative service solely and
directly through the city manager, and neither council, its members, nor committees shall either
dictate the appointment, retention or removal or direct or interfere with the work of any officer
or employee under the city manager. Any such dictation, attempted direction, or interference on
the part of any member of the council shall be punishable in the manner deemed appropriate by
the other members of the council, which may include removal from office. (Amended by Ord. No.
6008 (1998), § 2, adopted by electorate on November 3, 1998. Further amended by Ord. No.
6009 (1998), § 2, adopted by electorate on November 3, 1998.)

C. City Manager

1. The city manager defined

Boulder Revised Code 1-2-1(b) states:

"City manager" means the city manager of the City of Boulder, Colorado or the manager's authorized
representative.

2. The city manager’s role

Page 5 of 41
The city manager’s role is given in Article V section 63 of the city charter, which reads, in part:
The city manager shall be the chief executive and administrative officer of the city. As such, the
manager shall possess, have, and exercise all the executive and administrative powers vested in
the city.

3. The city manager’s powers and duties

The city manager’s powers and duties are given in Article V section 64 of the city charter. Subsection c of
Article V section 64 reads:
To exercise control and supervision over all departments herein created, except as otherwise in
this charter provided;

4. The city manager and the department of parks and recreation

The relationship between the department of parks and recreation and the city manager as well as the functions
of the department of parks and recreation are given in Article XI section 155 of the city charter, which
reads:

Under the direction, supervision and control of the city manager, the department of parks and
recreation:

(a) Shall supervise, administer, and maintain all park property and recreation facilities.

(b) Shall supervise, administer, and execute all park and recreation programs, plans, functions,
and activities of the city.

(c) Shall prepare and submit to the parks and recreation advisory board written
recommendations on those matters where this article requires a recommendation from said
board prior to council or department action.

(d) May, at the request of the parks and recreation advisory board, prepare and submit to the
board information and recommendations on such park and recreation matters as are not
provided for by (c) above.

(e) May request advice on any park and recreation matter from the parks and recreation
advisory board. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31,
1961.)

D. PRAB

1. General provisions

General provisions for advisory commissions are given in Article IX, section 130 of the city charter, which
reads:
At any time after the organization of the council elected under the provisions of this charter, the
council by ordinance may create and provide for such advisory commissions as it may deem
advisable; provided, that a library commission is hereby created, and the council shall, within
ninety days from its organization, appoint the members thereof.
Page 6 of 41
Each of such commissions, including the library commission, shall be composed of five electors,
appointed by the council, not all of one sex, well known for their ability, probity, public spirit,
and particular fitness to serve on such respective commissions. When first constituted, the
council shall designate the terms for which each member is appointed so that the term of one
commissioner shall expire on December 31 of each year; and thereafter the council shall by
March of each year appoint one member to serve for a term of five years. The council shall have
the power to remove any commissioner for non-attendance to duties or for cause. All vacancies
shall be filled by the council. When first appointed and annually thereafter following the
council's appointment of the commissioner, each commission shall organize by appointing a
chair, a vice-chair, and a secretary; all commissioners shall serve without compensation, but the
secretary of any commission, if not a member, may receive a salary to be fixed by the council;
any commission shall have power to make rules for the conduct of its business. All
commissioners shall serve until their successors are appointed.

All commissions shall hold regular monthly meetings. Special meetings may be called at any
time upon due notice by three members. Three members shall constitute a quorum, and the
affirmative vote of at least three members shall be necessary to authorize any action by the
commission.

All commissions shall keep accounts and records of their respective transactions, and at the end
of each quarter or more often, if requested by the council, and at the end of each fiscal year shall
furnish to the council a detailed report of receipts and expenditures and a statement of other
business transacted.

The chair of a commission shall preside at the meetings thereof and sign, execute, acknowledge,
and deliver for the commission all contracts and writings of every kind required or authorized to
be signed or delivered by the commission. The signature of the chair shall be attested by the
secretary.

The commissions shall have the right to the floor of the council to speak on plans and
expenditures proposed or to appeal for a decision in a failure to agree with another commission
or the manager.

Wherever there shall be suitable accommodations in the city building, the offices of the
commissions shall be maintained there. (Amended by Ord. No. 6007 (1998), § 2, adopted by
electorate on November 3, 1998.)*

2. Creation of PRAB

PRAB is created by Article XI, section 157 of the city charter, which reads:

There shall be a parks and recreation advisory board consisting of seven members appointed by
the city council. The members of the board shall be residents of the city, shall not hold any other
office in the city, and shall serve without pay. The council may appoint such ex-officio members
to the board for such terms as it deems advisable. (Added by Ord. No. 2392 (1961), § 1, adopted
by electorate on January 31, 1961.)

Page 7 of 41
3. PRAB office

PRAB term of office, removal, and vacancy are given by Article XI, section 158 of the city charter, which
reads:

The term of each board member shall be five years, provided, however, that in appointing the
original members of the board, the city council shall designate one member to serve until
December 31, 1961, two members to serve until December 31, 1962, one member to serve until
December 31, 1963, two members to serve until December 31, 1964, and one member to serve
until December 31, 1965.

The council may remove any board member who displays lack of interest or who fails to attend
board meetings for three consecutive months without formal leave of absence.

The council shall fill all vacancies. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate
on January 31, 1961.)

4. Organization and procedure of PRAB

Organization and procedure of PRAB is given by Article XI, section 159 of the city charter, which reads:

The board shall choose a chair and a secretary. The director of parks and recreation may be
designated as secretary by the board.

The board shall have regular meetings once a month. Special meetings may be called at any time
by three members of the board upon giving of at least twenty-four hours' notice of said special
meeting to the board members.

Four members of the board shall constitute a quorum. Unless otherwise expressly provided
herein, an affirmative vote of a majority of the members present shall be necessary to authorize
any action by the board.

The board shall keep minutes and records of its meetings and transactions.

Except for such provisions as are herein expressly provided for, the board shall have power to
make reasonable rules for the conduct of its business. (Added by Ord. No. 2392 (1961), § 1,
adopted by electorate on January 31, 1961.)*

5. Functions of PRAB

Functions of PRAB are given by Article XI, section 160 of the city charter, which reads:

The parks and recreation advisory board shall not perform any administrative functions unless
expressly provided in this charter. The board:

(a) Shall make recommendations to the council concerning the disposal of park lands pursuant
to Section 162 of this charter.

Page 8 of 41
(b) Shall make recommendations to the council concerning any expenditure or appropriation
from the permanent park and recreation fund pursuant to Section 161 of this charter.

(c) Shall make recommendations to the council concerning the grant or denial of any license or
permit in or on park lands, pursuant to Section 164 of this charter.

(d) Shall review the city manager's proposed annual budget as it relates to park and recreation
matters and submit its recommendations concerning said budget to the council.

(e) May, at the request of the council or the department of parks and recreation, prepare and
submit to the council, city manager, or the department recommendations on such park and
recreation matters as are not provided for by paragraphs (a), (b), (c) and (d) above.

(f) May request information and recommendations from the department pursuant to the
provisions of Section 155(d) above.

The city council and the parks and recreation department shall not act on any of the matters set
forth in paragraphs (a), (b), (c) and (d) above without securing a recommendation from the
board as above provided; however, the council and department may act on the matters set forth
in paragraphs (c) and (d) above without a board recommendation if the board fails to submit its
recommendation to the council within thirty days after request therefor is made by the council.

The board's recommendation shall not be binding upon the city council unless expressly
provided by this charter. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January
31, 1961.)

6. Permanent park and recreation fund

The permanent park and recreation fund is created and defined by Article XI, section 161 of the city charter,
which reads:

There shall be a permanent park and recreation fund. This fund shall consist of the following:

(a) An annual levy of nine-tenths of one mill on each dollar of assessed valuation of all taxable
property within the city.

(b) Gifts and donations to the fund.

(c) Proceeds of the sale of any park or recreation property or equipment whether real, personal,
or mixed.

(d) Appropriations made to the fund by the city council.

Expenditures from this fund shall be made only upon the favorable recommendation of the parks
and recreation advisory board and appropriation by the council. Said fund shall not be used for
any purpose other than the acquisition of park land or the permanent improvement of park and
recreation facilities.

Any portion of the fund remaining unexpended at the end of any fiscal year shall not in any event
be converted into the general fund nor be subject to appropriation for general purposes. Money
Page 9 of 41
appropriated from the fund which is not expended in whole or in part shall be returned to the
fund and shall not be subject to appropriation for general purposes. Money appropriated from
the general fund for park or recreational purposes which is not expended for the purpose
designated shall be returned to the general fund. (Added by Ord. No. 2392 (1961), § 1, adopted
by electorate on January 31, 1961.)

7. Disposal of park properties

The disposal of park properties is governed by Article XI, section 162 of the city charter, which reads:

Park lands may be disposed of by the city council, but only upon the affirmative vote of at least
four members of the parks and recreation advisory board. An advisory recommendation, which
shall not be binding on the council, shall be obtained from the planning board prior to the
disposition or lease of park lands. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate
on January 31, 1961. Amended by Ord. No. 5574 (1993), § 1, adopted by electorate on
November 2, 1993.)

8. Acquisition of park land

The acquisition of park land is governed by Article XI, section 163 of the city charter, which reads:

The council may acquire park land for the city, provided that the council shall not make any
expenditure of money for the purpose of acquiring park lands without first securing a
recommendation from the planning board and the parks and recreation advisory board.
Provided, however, that the council can act without such recommendations if said boards fail to
submit their recommendation to the council within thirty days after request therefor is made by
the council. The recommendations of the said boards shall not be binding on the council except
that the recommendation of the parks and recreation advisory board concerning expenditures
from the permanent park and recreation fund shall be binding on the council pursuant to Section
161 of this charter. (Added by Ord. No. 2392 (1961), § 1, adopted by electorate on January 31,
1961.)

9. Franchises, leases, permits, and licenses in parks

Franchises, leases, permits, and licenses in parks are governed by Article XI, section 164 of the city charter,
which reads:

No franchise shall ever be granted in or on park lands except on vote of the qualified tax-paying
electors in accordance with the provisions of article VIII of the charter of the city.

The council may by motion grant leases, permits, or licenses in or on park lands, but only upon
the affirmative vote of at least four members of the parks and recreation advisory board. The
council may, by ordinance, delegate all or any part of this authority to the parks and recreation
advisory board to approve such leases, permits, or licenses. The parks and recreation advisory
board may, by motion, subdelegate all or any part of its delegated authority to approve such
leases, permits, or licenses to the city manager. The city manager may enter into standard
Page 10 of 41
commercial licensing agreements for automatic food vending machines on park lands without
the approval of the parks and recreation advisory board or the council.

The term of any license or permit granted hereunder shall not exceed five years, and any such
license or permit so granted shall be revocable by the council at its pleasure at any time,
whether such right to revoke be expressly reserved in such permit or license. (Added by Ord. No.
2392 (1961), § 1, adopted by electorate on January 31, 1961. Amended by Ord. No. 5574 (1993),
§ 1, adopted by electorate on November 2, 1993.)

III. CITY OF BOULDER REVISED CODE

A. Boards and Commissions General Procedures

1. Rules of meeting procedure

Title 2, chapter 3, section 1, subsection b, part 4 states the boards and commissions shall:
Conduct its meetings under Robert's Rules Of Order, Newly Revised (1981), unless the board or
commission adopts other rules of meeting procedure
2. Open meetings

Title 2, chapter 3, section 1, subsection b, part 5 states the boards and commissions shall:
Hold all meetings open to the public, after full and timely notice of date, time, place, and subject
matter of the meeting, and provide an opportunity for public comment at the meeting
3. Procedures

Title 2, chapter 3, section 1, subsection d, part 3 states the boards and commissions are authorized to:

Adopt rules interpreting its legislative duties under this code and establishing procedures in aid
of its functions

4. Voting

Title 2, chapter 3, section 1, subsection d, part f states:

If a member of a city board or commission is present at a meeting and refuses to vote, the
member's vote shall be recorded in the affirmative. No member is excused from voting except on
approving minutes of a meeting that the member did not attend or on a matter creating a conflict
of interest under chapter 2-7, "Code Of Conduct," B.R.C. 1981, or on consideration of such
member's conduct in the business of the board or commission.

B. Parks and Recreation Advisory Board

1. Subpoenas

Title 2, chapter 3, section 10, subsection e, states:


The board is not authorized to issue subpoenas.
Page 11 of 41
PART TWO: PRAB RULES

I. BASIC PRINCIPLES

The basic principles of parliamentary procedure that PRAB shall strive to uphold:

A. Rules should facilitate the transaction of business and promote cooperation and harmony.
B. All members are equal; officers only have additional duties.
C. The majority vote decides.
D. The rights of the minority must be protected.
E. Full and free discussion of propositions presented for decision is a right of members; balanced with the
chair’s duty to move thru the agenda in addressing time management issues.
F. Every member has the right to comprehend the meaning of the motion before PRAB and its effect.
G. Meetings should be characterized by fairness and good faith.

II. OFFICERS

PRAB shall have a chair, a vice-chair, and a secretary. The chair and vice-chair shall be PRAB members
chosen by majority vote of PRAB at its first business meeting following the annual City Council board
appointments. PRAB may by an affirmative vote of four members at any business meeting remove the chair or
vice-chair from office. Should a vacancy arise in the office of either the chair or vice-chair, PRAB shall fill the
vacancy by majority vote. The secretary shall be a staff member designated either by the city manager or the
city manager’s authorized representative. The secretary does not have authority to vote.

III. CONDUCT

PRAB members shall

A. act on behalf of PRAB only when delegated such authority by a majority vote of PRAB and report back
to PRAB on the exercise of the charge (Note that PRAB members participating in working groups act as
representatives of PRAB but not as spokespersons for PRAB)

B. clearly identify whether they are speaking on behalf of PRAB or speaking for themselves when speaking
in public forums other than PRAB meetings, including but not limited to city council meetings

C. recuse themselves from matters raising a conflict of interest, and not speak on behalf of their own
interests as to that particular matter before city council

D. conduct themselves in all interactions with one another, city council, city staff, and the public in a
professional and courteous manner

E. make all reasonable efforts to avoid “surprise” by being proactive and open in all communications

IV. COMMUNICATIONS TO CITY COUNCIL

The complete text of any motion presented to City Council shall be in writing. PRAB may designate a
PRAB member to present the motion to City Council during the period of public comment or, if
requested by the City Council, the City Manager, or the Department, during the Council meeting. The
PRAB member authorized to present the motion shall provide written copies of the motion to City
Council and request to read the complete text of the motion to City Council.

Page 12 of 41
V. AGENDA FOR MONTHLY BUSINESS MEETINGS

A. Overview

The agenda is generally set by the department as most matters arise from the department for consideration by
PRAB under provisions of Article XI, Sections 155(c), (d), and (e). Items arising from PRAB for
consideration by the department under Article XI, Section 160(f) may be placed on the agenda as described
below in B. Other items on which a PRAB member desires discussion should be placed on the agenda under
‘matters from board members’ or ‘matters for discussion/information.’

B. Notes on Specific Agenda Item Categories

1. Public Comment

Following public comments, the chair shall recognize a representative of the Department, usually the
Director, to provide the Department an opportunity to respond directly to the public.

2. Items for Action

(a) Items for action are those items for which a motion and vote are anticipated. Usually, such items
should have been discussed at a previous PRAB meeting under ‘items for
discussion/information’. Items on which the Department and/or Council requests PRAB advice
shall generally be presented initially under ‘items for discussion/information’ and then at the
following business meeting under ‘items for action.’

(b) Items for action are usually preceded by a staff presentation regarding the item and the question or
questions for which the staff is seeking the advice of PRAB. The staff presentation may be
followed by questions from PRAB.

(c) Public hearings are discretionary for PRAB. However, in the interests of openness and
accountability, PRAB shall hold public hearings prior to action on items arising under sections
160 (a) – (d) and prior to action on any item for which the PRAB determines that the period of
public comment may not have provided the public an appropriate opportunity for input.

(d) PRAB usually has a period of informal discussion following the close of the public hearing, which
should result in a motion.

(e) PRAB then debates the motion.

(f) PRAB then votes on the motion. The exact wording of the final motion as voted upon shall appear in
the minutes.

3. Matters from the Department

Matters from the Department may include a summary of upcoming work, events, and/or collaborative
activities of which the staff would like PRAB to be aware.

4. Matters from Board Members

Matters from Board members may include ideas regarding information or recommendations to request
from the department, reports from individual PRAB members on sub-committees or other PRAB-
Page 13 of 41
related activities to which less than a quorum of PRAB has been assigned, or PRAB-related
activities which are not agenda items that an individual PRAB member wishes to bring to the
attention of PRAB as a whole.

C. Agenda Committee

1. The agenda committee is composed of the PRAB chair, PRAB vice-chair, Parks and Recreation
Department Director, and any pertinent staff. In the event that the PRAB chair or PRAB vice-chair can
not attend an agenda committee meeting, another PRAB member can be appointed as a pro tem agenda
committee member by the PRAB member who can not attend.

2. The agenda committee usually meets on a weekday during the week of the monthly PRAB meeting.

3. The agenda committee receives a draft agenda from the Parks and Recreation Department Director, which
reflects charter-mandated actions and items on which the Department and/or Council requests PRAB
advice as defined by Article XI, Sections 160 through 164 inclusive of the city charter.

4. The agenda committee carries out only the agenda setting function on behalf of PRAB as a whole;
therefore, it shall not use the agenda committee meeting to advance the PRAB member’s own agendas
or points of view or to limit or constrain other points of view.

5. The agenda committee determines how to present each item to PRAB, works to balance content with
time, and allocates time for each item (times assigned are guidelines to be monitored by the chair during
the board meeting).

D. The Parks and Recreation Department

1. The Parks and Recreation Department prepares packets containing the agenda and any other pertinent
documents for each PRAB meeting. PRAB materials should clearly articulate the subject or question on
which PRAB’s advice is sought, or the reason why the matter is being brought to the attention of the
PRAB. PRAB materials should allow PRAB members to prepare appropriately prior to the meeting,
such as formulating any pertinent motion, discussion points, and questions.

2. In order for PRAB members to have the most informed discussion of the issues before it, the Parks and
Recreation Department is requested to provide PRAB with objective information. When analyzing
alternative courses of action, it is requested that the Department present and analyze a range of realistic
alternatives, including those proposed by PRAB members and members of the public, and present the
Department’s preferred alternative.

3. The Parks and Recreation Department distributes the packets to PRAB members, usually on the
Wednesday prior to a Monday board meeting.

4. The Parks and Recreation Department provides notice of PRAB meetings as required by BRC 2-3-
1(b)(5).

Page 14 of 41
VI. COMMON MODES OF PRAB OPERATIONS

A. PRAB Requests to the Department

PRAB may request information and recommendations from the department under Article XI, Section 160(f)
via passing a motion that makes that request. The usual process for making such a request is to introduce an
idea during the ‘approval of agenda’ portion of the meeting and then have an initial discussion of it under
either the ‘matters for discussion/information’ or ‘matters from board members’ portion of the meeting.
Following initial discussion, PRAB should vote on a motion to dispose of the idea, to include it on the agenda
for the next business meeting for further work, or to make another motion that actually spells out the request
of the department.

B. PRAB Informal Discussion

Items that a PRAB member wishes to discuss with PRAB should be raised by that member in the form of a
motion for informal consideration. If the motion carries, then an informal discussion can take place either
under the ‘matters from board members’ portion of the current meeting or under another portion of the current
meeting as specified in the motion approved. An informal discussion is started by a motion but does not
center on a motion, so the rules for handling motions and debate do not apply during the period of informal
discussion. Following informal discussion, a PRAB member may make a motion to include the item for
action on the agenda for the current meeting or for the next meeting. If a motion to add the item to the current
meeting agenda is approved, then any PRAB member may make a motion on that item.

C. PRAB Action

PRAB takes action via a motion, debate on a motion, and voting on a motion. If a PRAB member wishes the
board to take immediate action on an item, that member should raise the item during the ‘approval of agenda’
portion of the meeting in the form of a motion for debate. If the motion carries, then the issue can be debated
during the ‘items for action’ portion of the current meeting.

VII. RULES OF MEETING PROCEDURE

A. Prior to a Meeting

1. PRAB members should review their meeting packets and come to the meeting prepared to address the
agenda without undue delay.

2. To the extent that an individual PRAB member has a question regarding a particular agenda item, the
PRAB member may address the question to the Department Director. If time permits, staff may respond
to the PRAB member who raised the question prior to the meeting and the PRAB as a whole. The
inquiry and response shall be reported at the PRAB meeting by the PRAB member who raised the
question and the chair shall provide the Department an opportunity to speak to the question.

B. Meeting Time and Place

1. The usual meeting time and place shall be the fourth Monday of each month starting at 6 pm in the City
Council chambers; however, the time and place may be changed upon adequate prior notice to the
public, PRAB, and the department.

Page 15 of 41
C. Required Officers

1. Presiding Officer

The chair of PRAB is the presiding officer, unless absent. In the absence of the chair of PRAB, the
vice-chair of PRAB shall be the presiding officer. If both the chair of PRAB and the vice-chair of
PRAB are absent, then a member of PRAB shall be elected by a majority vote of the PRAB
members present as chair pro tem and shall serve as the presiding officer.

2. Secretary

In the absence of the secretary, a secretary pro tem shall be elected by a majority vote of the members
present.

D. Duties of the Presiding Officer

The presiding officer shall:

Determine the presence of a quorum


Call the meeting to order
Move through the agenda while monitoring the time
Ensure that all persons speaking during public participation have provided the appropriate written
information to PRAB
Ensure that access to the floor is fair, equitable, and untainted by his/her position on the issue
State and put to vote all motions
Announce the result of each vote
Enforce the rules relating to procedure and decorum
Refuse to recognize dilatory or improper motions
Announce the basis or reason for ruling any motion improper

E. Rights of Members

Members’ rights include:

Make motions
Speak in debate on motions
Vote
Require a retake of a voice vote of which the result is doubted by the member
Make a point of order to insist on the enforcement of the rules if the member notices a breach of the
rules that the presiding officer has not corrected
Make a parliamentary inquiry of the presiding officer if uncertain as to whether there is a breach on
which a point of order can be made

F. Appeal

Although the duty of ruling on all questions of parliamentary procedure rests with the presiding officer, any
two members can require him to submit a ruling to the vote of PRAB by moving and seconding an
appeal immediately after the presiding officer has made a ruling. By one member making the appeal
and another seconding it, the ruling is taken from the presiding officer and vested in PRAB for final
decision.

Page 16 of 41
G. Quorum

1. Four members of PRAB constitute a quorum, as specified in Article XI, Section 159.

2. It is the duty of the presiding officer to determine that a quorum is present before calling a meeting to
order. An announcement is not required.

3. The only actions that can be taken in the absence of a quorum are:
Fix a time at which to adjourn
Adjourn
Recess
Take measures to obtain a quorum

H. Assignment of the Floor

1. Before speaking, a member must claim the floor by raising their hand. The chair will recognize a
member by nodding or announcing.

2. While a motion is open to debate, if the member who made the motion claims the floor and has not
already spoken on the question, then she or he is entitled to be recognized first.

I. Rules of Speaking

At all times, members shall

Maintain a courteous tone


Avoid repetition to the greatest extent possible
Not engage in personal attacks
Confine their statements to 5 minutes, unless permission has been obtained from PRAB to exceed that
limit

J. The Handling of a Main Motion

1. Making a motion

A member, after obtaining the floor, makes a motion. If necessary, the motion can be prefaced by a few
words of explanation, which must not become a statement, or a member can first request information
or can indicate briefly what he wishes to propose and request the chair or another member to assist
with appropriate wording. A resolution or a long or complicated motion should be prepared in
advance of the meeting, if possible, and should be put in writing before it is offered.

2. Seconding a motion

Another member can second the motion to indicate that the motion should come before PRAB for
consideration. The seconder may speak and vote against the motion. If there is no second, the chair
shall not recognize the motion.

3. Stating the motion

The chair formally places the motion before PRAB by stating the exact motion and announcing it is
open to debate. The chair may require any motion to be in writing before she or he states it. Note
Page 17 of 41
that a motion can be withdrawn by its proposer anytime before the chair states the motion. Once the
chair has stated it, the motion can be withdrawn only by permission of PRAB.

4. Debate

(a) The presiding officer can enter into the debate on the pending motion.

(b) The assignment of the floor in section VI H above applies.

(c) The speaker’s position on the motion should be stated directly, such as “I support this motion
because…” or “I oppose this motion because…”

(d) In addition to the rules for speaking in section VI I above, the following rules of decorum apply:

i. Members shall confine remarks to the merits of the pending question – discussion that departs
from the subject is out of order

ii. Members shall refrain from attacking a member’s motives

iii. Members shall not disturb PRAB during debate

iv. Members who are interested and informed on the subject may speak several times providing that
members who have not already spoken are not seeking recognition.

v. Merely asking a question or making a brief suggestion is not considered a statement in debate.

vi. After each member has had the opportunity to be heard in each round of debate, the chair shall
ask if there is any further discussion. If not, the motion is put to a vote.

(e) Amendments

i. An amendment must always be closely related to or have bearing upon the subject of the motion to
be amended. No new subject can be introduced under the pretext of an amendment but an
amendment can be hostile to or defeat the spirit of the original motion.

ii. Amendments may

a) insert or add words or paragraphs


b) strike out words or paragraphs
c) strike out and insert words
d) substitute words, from one word to the entire text of the motion

iii. Handling of amendments

a) A member obtains the floor during debate on a motion


b) The member moves to amend
c) Another member seconds
d) The presiding officer states the proposed amended form of the motion
e) Debate on the amendment
f) The presiding officer puts the amendment to a vote

Page 18 of 41
5. Putting the motion to a vote

(a) The presiding officer asks “Is there any further discussion?” If no one claims the floor, then the
chair announces the exact motion. If there is any possibility of confusion, the chair should explain
the effect of a yes vote and the effect of a no vote.

(b) The presiding officer announces the form of the vote, in accordance with section L below.

(c) The presiding officer calls for the affirmative vote

(d) The presiding officer calls for the negative vote

(e) The presiding officer announces the result of the vote

K. Other Useful Motions

Motions other than main motions are available and members are encouraged to consult The Standard Code of
Parliamentary Procedure (2001) for further information. Some of the more useful motions available are
summarized in the table appearing in part II of the appendix.

L. Improper Motions

1. A motion is out of order if it conflicts with US, Colorado, or City of Boulder law.

2. A motion is out of order if it proposes action outside the legal scope of PRAB.

3. A motion is dilatory and out of order if it seeks to obstruct or thwart the will of PRAB as clearly indicated
by the existing parliamentary situation or if it is absurd in substance.

M. Principal Rules Governing Motions

The following chart is adopted from The Standard Code of Parliamentary Procedure (2001):

category precedence motion interrupt second vote


1 Adjourn no yes majority
Privileged 2 Recess no yes majority
3 Question of privilege yes no none
Postpone temporarily majority, 2/3 if suppresses debate on the
4 (table) no yes motion
5 Close debate no yes 2/3
Subsidiary 6 Limit debate no yes 2/3
7 Postpone to a certain time no yes majority
8 Refer to committee no yes majority
9 Amend no yes majority
10 Main motion no yes majority
10 Amend a previous action no yes majority
10 Ratify no yes majority
Main
10 Reconsider yes yes majority
10 Rescind no yes majority
10 Resume consideration no yes majority
Incidental NA Appeal yes yes majority
Motions NA Suspend rules no yes 2/3
Page 19 of 41
NA Consider informally no yes majority
NA Point of order yes no none
Incidental
NA Parliamentary inquiry yes no none
Requests
NA Withdraw a motion yes no none

N. Voting

1. A roll call vote on a rotating basis of the roll shall be taken upon all motions pertaining to:
disposal of park lands
expenditure or appropriation from the permanent park and recreation fund
grant or denial of any license or permit in or on park lands
review of the budget
recommendations on the budget

2. For all other motions, the vote may be taken by voice, by show of hands, or by roll call on a rotating basis
of the roll as determined by the presiding officer subject to appeal.

3. Unless otherwise expressly provided in the Charter or BRC, an affirmative vote of a majority of the
members present shall be necessary to authorize any action of PRAB, as specified in Article XI, Section
159.

4. Any member who doubts the result of a voice vote has a right to require a retake of that voice vote as a
show of hands.

5. If a PRAB member is present and refuses to vote, the member’s vote shall be recorded in the affirmative.
No member is excused from voting except on approving minutes of a meeting that the member did not
attend or on a matter creating a conflict of interest as specified by BRC 2-3-1(f).

VIII. OTHER MEETINGS

PRAB may hold meetings other than the monthly business meeting. Such meetings shall be called by PRAB
by a majority vote on a motion – the motion shall include the time and place of the meeting. Such meetings
are subject to the legal context in which PRAB exists including notice and minutes. Such meetings may be
study meetings with city staff, PRAB working meetings without staff, or other forms as needed.

IX. PARLIAMENTARY PROCEDURE

Except as provided herein or specified in the Charter or BRC, all matters of procedure are governed by The
Standard Code of Parliamentary Procedure (2001).

X. AMENDMENT

Provided notice of proposed changes, which includes additions, has been given to each PRAB member and to
the Office of the City Attorney at least fifteen days prior to a business meeting, these rules may be amended
by PRAB by an affirmative vote of four members.

XI. REVIEW

At the first business meeting of each calendar year, these rules shall be reviewed by PRAB for the purposes of
PRAB members maintaining familiarity with these procedures, assessing the effectiveness of these rules,

Page 20 of 41
and evaluating if any modifications are needed. Updates to the handbook, especially updating the statutory
quotations, should also be made by PRAB in cooperation with the City Attorney’s Office at that time.

Page 21 of 41
PART THREE: APPENDIX

I. BRC CODE OF CONDUCT


Chapter 2-7: Code of Conduct

2-7-1 Purpose, Legislative Intent and Findings.

(a) Purpose: The purpose of this chapter is to protect the integrity of city government by:

(1) Defining and forbidding certain conflicts of interest that if left unchecked tend to compromise
the ability of elected and appointed public officials and public employees to perform their duties
without improper financial influence.

(2) Defining and discouraging certain actions that may create an appearance of impropriety that
undermines public trust in the accountability and loyalty of elected and appointed public
officials and employees.

(3) Protecting the integrity of city government by providing standards of conduct and guidelines
for elected and appointed public officials and public employees to follow when their private
interests as residents conflict with their public duties.

(4) Fostering public trust by defining standards of honest government and prohibiting the use of
public office for private gain.

(b) Legislative Intent: It is the intent of the city council to:

(1) Prohibit public officials and public employees from acting on any matter in which he or she
may have a conflict of interest.

(2) Establish aspirational guidelines to encourage public officials and public employees to avoid
any appearance of impropriety.

(3) Require adherence to any provision of state or federal law that imposes a higher standard of
conduct than this chapter.

(c) Findings: The city council finds and determines that this chapter is necessary to protect the
public health, safety, and welfare of the residents of Boulder.

2-7-2 Conflicts of Interest Prohibited.

(a) Conflicts Prohibited: No public official or public employee shall make or participate in the
making of any official action in which he or she knows or should have known that he or she
would have a conflict of interest.

(b) Disclosure Required: Each public official or public employee shall disclose any conflict of
interest and disqualify him or herself from participating in the relevant action as provided in
section 2-7-10, "Disclosure and Recusal Procedure," B.R.C. 1981.

2-7-3 Use of Public Office or Confidential Information for Financial Gain.

Page 22 of 41
(a) Use Of Position For Gain Prohibited: No city council member, employee, or appointee to a
city board, commission, task force or similar body shall use his or her public office or position
for financial gain.

(b) Use Of Confidential Information For Financial Gain Prohibited: No city council member,
employee, or appointee to a city board, commission, task force or similar body shall use or
disclose confidential information obtained as a result of holding his or her public office or
position, to obtain financial gain, whether for personal gain; gain for his or her relative; gain of
any property or entity in which the official or employee has a substantial interest; or gain for
any person or for any entity with whom the official or employee is negotiating for or has any
arrangement concerning prospective employment.

2-7-4 Duty to Maintain the Confidentiality of Privileged Information.

(a) Duty Of A Member Of City Council, Board, Commission, Task Force Or Similar Body: No
city council member or appointee to a city board, commission, task force or similar body shall
disclose privileged or confidential information without a public majority vote granting the
permission of the council or similar body that holds the privilege. The sanction for a member of
the city council, board, commission, task force or similar body shall be censure of the body,
reached by a majority vote of the body, not including the member charged with disclosing such
confidential information.

(b) Duty Of A City Employee: No city employee shall disclose privileged or confidential
information, obtained as a result of holding his or her public office or position, unless the
employee has first received approval by the city manager acting upon the advice of the city
attorney.

2-7-5 Gifts to Officials and Employees.

(a) Gifts Prohibited: No city council member or appointee to a city board, commission, task
force or similar body, or city employee, or relative of such employee or official shall accept
anything of value including, without limitation, a gift, a favor, or a promise of future employment
if:

(1) The official or employee is in a position to take official action with regard to the donor; or

(2) The city has or is known to be likely to have a transactional, business, or regulatory
relationship with the donor.

(b) Exceptions And Items Not Considered Gifts: The following shall not be considered gifts for
purposes of this section, and it shall not be a violation of this chapter for a person to accept the
same:

(1) Campaign contributions as permitted by law;

(2) An unsolicited, occasional non-pecuniary gift of a maximum amount of $50.00 or less in


value. The maximum amount will be adjusted on January 1, 2006, and annually thereafter to
reflect changes in the United States Bureau of Labor Statistics Consumer Price Index for the
Denver-Boulder Consolidated Metropolitan Statistical Area for all Urban Consumers, All
Goods, or its successor index;
Page 23 of 41
(3) A gift from a relative;

(4) An award, publicly presented, in recognition of public service;

(5) Reasonable expenses paid by other governments or governmentally related organizations for
attendance at a convention, fact-finding mission or trip, or other meeting if the person is
scheduled to deliver a speech, make a presentation, participate in a panel, or represent the city;

(6) Items which are similarly available to all employees of the city or to the general public on the
same terms and conditions; and

(7) A single unsolicited ticket given to a city council member and valued at not in excess of
$150.00 to attend events open to the public on behalf of the city, such as awards dinners,
nonprofit organization banquets and seminars, provided that:

(A) The ticket is offered only to the council member and has no resale value; and

(B) The ticket is not offered by a commercial vendor who sells or wishes to sell services or
products to the city; and

(C) The ticket is not for a sporting event.

2-7-6 Prior Employment, Outside Employment, and Subsequent Employment.

(a) Prior Employment: No person shall be disqualified from service with the city as an official or
employee solely because of his or her prior employment. Officials and employees shall not take
official action with respect to their former employers for a period of six months from the date of
termination of the prior employment.

(b) Disclosure Of Employment And Other Business Activities: All officials and employees, other
than elected officials, shall report existing or proposed outside employment or other outside
business interests that may affect their responsibilities to the city in writing to their appointing
authorities prior to being appointed or hired. After being appointed or hired, all such people
shall report any changes of employment or changes to outside business interests that may affect
the person's responsibilities to the city, within thirty days after accepting the same. An employee
that has received permission from the city manager may engage in outside employment or
outside business interests.

(c) Disclosure By City Council Members: Members of the city council shall report any change in
their employment status that could give rise to a conflict of interest under this chapter.

(d) Activities That Occur After Termination Of Employment Or Office: No former official or
employee shall seek or obtain employment concerning matters upon which he or she took official
action during his or her service with the city for six months following termination of office or
employment. This provision may be waived by the city council or the city manager.

(e) Participation Of Former Officials Or Employees: No former official or employee shall


appear before, or participate in, a city board, commission, task force or similar body on which
he or she was a member or served directly as an employee concerning any matter or on which he
or she took official action during his or her service with the city for twelve months following
termination of office or employment. This prohibition may be waived by the city council by
Page 24 of 41
appointment or vote. This prohibition shall not apply to persons who appear before the city in
their capacity as an elected official following termination of their office or employment with the
city.

(f) Participation In Litigation After Termination: No former official shall engage in any action or
litigation in which the city is involved on behalf of any other person or entity, if the action or
litigation involves a matter upon which the person took official action during his or her service
with the city for twelve months following termination of service with the city.

2-7-7 Employment of Relatives.

(a) No official or employee shall appoint, hire, or advocate the appointment or hiring by the city
any person who is his or her relative. In the event that an employee is concerned that the
employee's decision to appoint, hire or advocate the appointment or hiring by the city a person
who is the employee's relative may cause an appearance of violating this section, the employee
may request that the city manager make such decision on the employee's behalf. Council-
appointed officers may request the city council to make such an appointment or hiring decision
on their behalf.

(b) The city may enter into transactions with companies, corporations or other business
organizations that employ a relative of a city official or employee, provided that:

(1) The official or employee does not participate in the decision making that leads to hiring the
company, corporation, or other business organization that employs his or her relative; or

(2) The business organization is a publicly-traded corporation that provides its services or
products to the city on nondiscriminatory terms justified by the market facts and circumstances
of each transaction; or

(3) The company, corporation, or business organization has been doing business with the city for
at least one year prior to the date the city official's or employee's relative became employed by
the company, corporation or other business organization, and the city official's or employee's
relative is not directly employed upon matters involving the city and does not have his or her
compensation tied in any manner to the success of the company, corporation, or other business
organization, or its ability to obtain business or earn compensation from the city.

2-7-8 Representing Others Before the City Prohibited.

(a) City Council Members Barred From Representing Others: No city council member shall
appear on behalf of himself or herself, or another person, before the city council or any city
board, commission, task force or similar body. A city council member may be affiliated with a
firm appearing on behalf of or employed by another person concerning any transaction with the
city before such a body if the council member discloses the situation and recuses himself or
herself pursuant to section 2-7-10, "Disclosure and Recusal Procedure," B.R.C. 1981.

(b) Board, Commission Or Task Force Members Barred From Representing Others: An
appointee to a city board, commission, task force or similar body may appear or be affiliated
with a firm appearing concerning any transaction with the city under the following
circumstances:

Page 25 of 41
(1) An appointee may appear on his or her own behalf before the body of which he or she is a
member to represent his or her personal interests, if the appointee discloses the situation and
recuses himself or herself pursuant to section 2-7-10, "Disclosure and Recusal Procedure,"
B.R.C. 1981, or before the city council;

(2) An appointee may appear on behalf of another person before any city body except the city
council or the body of which the appointee is a member;

(3) A firm with which an appointee is affiliated may not appear on behalf of or be employed by
another person concerning any transaction before the body of which the appointee is a member
unless the appointee discloses the situation and recuses himself or herself pursuant to Section 2-
7-10, "Disclosure and Recusal Procedure," B.R.C. 1981.

(c) City Employees Barred From Representing Others: No city employee shall appear on behalf
of or be employed by another person concerning any transaction with the city or before the city
council or any city board, commission, task force or similar body. An employee may appear
before such a body on his or her own behalf or on behalf of such employee's spouse, parent, or
child. Nothing in this chapter shall be deemed to prohibit the city manager from establishing
additional policies and regulations to prevent conflicts of interest between city employees and
the city.

(d) City Council Members And Municipal Court: No city council member who is an attorney
shall appear on behalf of or be employed by another person or be affiliated with a firm
appearing on behalf of or employed by another person concerning any matter before the
municipal court.

(e) City Employees And Municipal Court: No city employee who is an attorney shall appear on
behalf of or be employed by another person or be affiliated with a firm that appears on behalf of
or is employed by another person concerning any matter before the municipal court. A non-
attorney employee may appear before the municipal court on his or her own behalf, and an
employee other than a municipal court judge may appear on behalf of such employee's spouse,
parent, or child to the extent otherwise allowed by law. This authority is intended to allow
employees to assist family members in matters before the municipal court to the extent permitted
by law but not to promote the unauthorized practice of law.

(f) Board, Commission, Or Task Force Member And Municipal Court: An appointee to a city
board, commission, task force or similar body may appear before the municipal court and may
be affiliated with a firm appearing before the municipal court.

(g) Consent To Sue: No city council member or appointee to any city board, commission, task
force or similar body shall be a party or by himself or herself or as an affiliate of a firm appear
on behalf of a party in a civil law suit in which the city is an adverse party, unless the member or
appointee first obtains the consent of the city council.

Ordinance No. 7517 (2007)

2-7-9 Appearances of Impropriety Discouraged.

(a) These guidelines are intended to establish ethical goals and principles to help city council
members, employees, and appointees to a city board, commission, task force or similar body to
Page 26 of 41
determine if their actions may cause an appearance of impropriety that will undermine the
public's trust in local government.

(b) Violations of this section shall not constitute a violation of this chapter. Compliance with this
section will not constitute a defense for violation of another subsection or section of this chapter.

(c) A city council member, employee, or appointee to a city board, commission, task force or
similar body who determines that his or her actions may cause an appearance of impropriety
should consider, but is not required to, disclose and recuse as prescribed by section 2-7-10,
"Disclosure and Recusal Procedure," B.R.C. 1981, in the following circumstances:

(1) If the person is an employee of a state or federal government entity with a substantial interest
in any transaction with the city;

(2) If the person has a close friend with a substantial interest in any transaction with the city,
and the council member, appointee, or employee believes that the friendship would prevent such
person from acting impartially with regard to the particular transaction;

(3) If the person has an interest in any transaction with the city that is personal or private in
nature that would cause a reasonable person in the community to question the objectivity of the
city council member, employee, or appointee to a city board, or commission;

(4) If the person is called upon to act in a quasi-judicial capacity in a decision regarding any of
the situations described in paragraphs (c)(1), (c)(2), and (c)(3) of this section; or

(5) If the person owns or leases real property within six hundred feet from a parcel of property
that is the subject of a transaction with the city upon which he or she must make a decision, and
is not required to receive official notice of a quasi-judicial action of the city. (Ordinance No.
7453 (2006))

2-7-10 Disclosure and Recusal Procedure.

(a) Disclosure And Recusal: No person with a conflict of interest pursuant to subsection 2-7-
2(a), B.R.C. 1981, and no person described in subsection 2-7-8(a) or (b), B.R.C. 1981, shall fail
to give written notice of the interest described in such subsection to the city council or the city
board, commission, task force or similar body of which the person is a member and the city
manager as soon as reasonably possible after the interest has arisen. However, no written notice
is required if such person discloses the conflict of interest on the record of a public meeting of
the city council or the city board, commission, task force or similar body of which the person is a
member. The interested council member, employee, or appointee shall thereafter:

(1) Refrain from voting upon or otherwise acting in an official capacity in such transaction;

(2) Physically absent himself or herself from the room in which a matter related to such
transaction is being considered; and

(3) Not discuss any matter related to such transaction with any other member of the council,
board, commission, task force, or similar body of which the person is a member.

(b) Recusal By The Council, Board, Commission, Task Force Or Similar Body: The city council
and any city board, commission, task force or similar body may order recusal of one of its
Page 27 of 41
members if that member has an obligation to do so under this chapter and has failed to do so.
Such an order is valid if reached after majority vote of the members of the body, not including
the member whose recusal is sought, based on competent evidence.

2-7-11 Enforcement.

(a) Violations Prohibited: No person shall violate the requirements of this chapter.

(b) Complaints: A complaint alleging a violation of this chapter may be initiated by any of the
following:

(1) Complaints Initiated By The City Manager Or City Attorney: The city manager or city
attorney may initiate an investigation of any city employee, other than those directly reporting to
the city council, if facts are alleged to the city manager in any form that, if true, would constitute
a violation of the provisions of this chapter.

(2) Complaints Initiated By A Resident Or City Employee: A resident of the city or any city
employee may initiate an investigation of any city council member, employee, or appointee to a
city board, commission, task force or similar body by filing a sworn statement with the city clerk
setting forth facts which, if true, would constitute a violation of a provision of this chapter.

(3) Complaints Initiated By The City Council: The city council may initiate an investigation of
any of its employees, and of any city council member or appointee to a city board, commission,
task force or similar body if facts are alleged to the council that, if true, would constitute a
violation of the provisions of this chapter.

(c) Investigation Of A Complaint: The city manager (for city employees) or the city council (for
all others) shall request the city attorney to conduct an investigation regarding a violation of this
chapter. The city attorney may request that the city council appoint special counsel to investigate
and prosecute any case that may cause the city attorney to have a conflict of interest or may
cause an appearance of impropriety under the provisions of this chapter, or may violate any rule
regarding professional responsibility.

(d) Response To All Complaints Required: A public official or body, or appointee thereof,
conducting an investigation pursuant to subsection (b) of this section shall prepare written
findings of fact and conclusions of law in response to all complaints that shall be made available
to the public upon completion of the investigation. The response may include a finding that the
complaint has no merit, is frivolous, is groundless, or is brought for purposes of harassment.

(e) Limitations: No action may be taken on any complaint that is filed later than twelve months
after discovery of the facts supporting an allegation that a violation of this chapter occurred.

2-7-12 Sanctions and Remedies for Violation.

(a) Transactions Voidable: If a transaction including but not limited to a contract or sale is
consummated contrary to the provisions of subsection 2-7-2(a), B.R.C. 1981, the city council
may void the transaction.

Page 28 of 41
(b) Removal By City Council: The city council may remove any of its employees and any member
of a city board, commission, task force or similar body that it finds has willfully violated any
provision of this chapter.

(c) Sanction Recommendations: If the party conducting an investigation pursuant to section 2-7-
11, "Enforcement," B.R.C. 1981, finds that a city council member or an appointee to a city
board, commission, task force or similar body, or employee has violated any provision of this
chapter, the investigator shall provide its findings and recommendations to the city manager or
city council, as appropriate, who or which in turn may take any of the following actions:

(1) In the case of a city council member, a motion of censure;

(2) In the case of a city employee, a motion for censure or a recommendation that the employee's
appointing authority consider disciplining or discharging the employee;

(3) Removal as provided in subsection (b) of this section; or

(4) As an alternative or in addition to the sanctions imposed herein, the city council may resolve
that any person or entity causing, inducing, or soliciting a public official or public employee to
violate this chapter may not be involved in any transaction with the city, including but not
limited to the award of any city contract, grant, loan or any other thing of value for a period of
twelve months or that any such contract, grant, loan or thing of value be terminated, repaid or
forfeited.

(d) Civil Remedies: Any person affected by a city transaction may commence a civil action in the
District Court in and for the County of Boulder for equitable relief to enforce the provisions of
this chapter upon a showing of willful violation of any provision of this chapter. Before filing
such an action, the person shall present the claim to the city attorney to investigate in
accordance with subsection 2-7-11(c), B.R.C. 1981. The city attorney or appointed special
council shall have sixty days to act thereon. No civil action in district court pursuant to this
subsection may be commenced later than twelve months after a violation of this chapter is
alleged to have occurred.

(e) Criminal Sanctions: The city attorney, or special counsel authorized to act on behalf of the
city attorney, acting on behalf of the people of the city, may prosecute any violation of this
chapter in municipal court in the same manner that other municipal offenses are prosecuted.

(f) Defense: It shall be a defense to any charge of a violation of this chapter if the city council
member, employee, or appointee to a city board, commission, task force or similar body obtained
an advisory opinion pursuant to section 2-7-13, "Advisory Opinions and Outside Counsel
Appointment," B.R.C. 1981, and was acting in accordance with the advice provided thereby.

2-7-13 Advisory Opinions and Outside Counsel Appointment.

(a) City Attorney To Provide Advisory Opinions: Any city council member, employee, or
appointee to a city board, commission, task force or similar body may request an advisory
opinion of the city attorney whenever a question arises as to the applicability of this chapter to a
particular situation. The city attorney's advisory opinion may provide a specific defense from
prosecution as set forth in section 2-7-12, "Sanctions And Remedies For Violation," B.R.C. 1981.

Page 29 of 41
(b) Appointment Of Outside Counsel: If a significant controversy arises under this chapter, the
city attorney may appoint a neutral outside counsel to assist in resolving the issue.

2-7-14 Exemptions From Chapter.

Nothing in this chapter shall be deemed to apply to a city employee or appointee to a city board,
commission, task force or similar body who appears before any such body to urge action on a
policy or issue of a general civic nature or to the relationship between the city council, the city,
and a general improvement district. Participation in an improvement district shall not, in and of
itself, constitute a conflict of interest for a city council or improvement district advisory
committee decision concerning the district.

2-7-15 Definitions.

"Affiliated with" means an employee, partner, agent, stockholder, joint venturer, or corporate
director of any business organization or a person who shares office space with such
organization.

"Appear on behalf of" means to act as a witness, advocate, or expert or otherwise to support or
oppose the position of another person.

"Conflict of interest" shall mean any situation in which a city council member, an appointee to a
city board, commission, task force or similar body, or a city employee:

(a) Has a substantial interest in any transaction with the city;

(b) Has a relative with a substantial interest in any transaction with the city;

(c) Has a substantial interest as an affiliate of a firm with a substantial interest in any
transaction with the city;

(d) Has a substantial interest as an affiliate of a firm appearing on behalf of or employed by a


person with a substantial interest in any transaction with the city;

(e) Is an officer of an organization that has taken an official position on any transaction with the
city;

(f) Is on the board of directors of an organization that is substantially affected by a transaction


with the city;

(g) Is affiliated with a law, accounting, planning, or other professional firm that has substantial
interest in any transaction with the city; or

(h) Is required to receive official notice of a quasi-judicial action from the city.

"Employment" means providing personal services as an employee or an independent contractor,


with or without consideration.

"Gift" means any payment, entertainment, subscription, forbearance, service, or any other thing
of value, rendering or deposit of money, which is transferred to a donee directly or in trust for
his or her benefit. "Gift" shall not include campaign contributions as permitted by law.

Page 30 of 41
"Official action" means any legislative, administrative, or quasi-judicial act of any public
official or employee including, without limitation, participation in, or influence of, the decision-
making process leading up to a vote or final determination.

"Public employee" or "employee" means any person holding any paid position of employment
with the city, but shall not include consultants or contractors who have independent control over
their work product.

"Public official" or "official" means any person holding a position with the city by election and
any person holding a position as an appointee of the city council or the city manager serving on
any city board, commission, task force or similar body.

"Relative" means any person related to a public official or an employee by blood, marriage or
adoption, through the second degree of consanguinity, including, without limitation, the
following: spouse, parents, parents-in-law, children, children-in-law, brothers and sisters,
brothers and sisters-in-law, grandparents, grandchildren, aunts, uncles, cousins, nephews, and
nieces. A separation between spouses shall not be deemed to terminate relationships described
above which exist only because of marriage.

"Substantial interest" means a situation, including, without limitation, a financial stake in the
outcome of a decision in which, considering all of the circumstances, would tend to influence the
decision of a reasonable person faced with making the same decision.

"Transaction" means a contract of any kind; any sale or lease of any interest in land, material,
supplies, or services; or any granting of a development right, any planning, zoning or land use
or review process that may precede granting of a development right, license, permit, or
application. A transaction does not include any decision which is legislative in nature that
affects the entire membership of a class or a significant segment of the community in the same
manner as the affected official or employee.

Adopted by Ordinance No. 4677. Amended by Ordinance Nos. 5396, 7286. Derived from
Ordinance No. 3792. Repealed and reenacted by Ordinance No. 7442.

Page 31 of 41
II. City Attorney’s March 30,2007 Report entitled “Summary of Important Legal Responsibilities for
Board Members and Commissioners

March 30, 2007

CITY BOARDS AND COMMISSIONS


Boulder, Colorado

RE: Summary of Important Legal Responsibilities for Board


Members and Commissioners

Dear City Board Members and Commissioners:

I would like to offer my personal thanks for your willingness to


serve the Boulder community. Public service in Boulder’s form of “home
rule” local government can be very rewarding. It can be challenging as
well. Robust public engagement in civic affairs is an essential hallmark
of Boulder. The Colorado pioneers who created home rule had a deep and
abiding mistrust of distant, secretive government because of the
corruption often bred in that environment. As a result, the City of
Boulder conducts all of its business in the bright sunshine of public and
media scrutiny. Our behavior as public officials, public employees, and
board and commission appointees becomes the example by which the quality
and character of Boulder's local governance is judged. I have great pride
in this city’s commitment to open, ethical, and responsive government. I
know you will join me in feeling a sense of stewardship for the qualities
that make Boulder one of the truly great American cities.

This report summarizes some important city and state laws that
govern how you must conduct yourself as a Boulder board or commission
appointee. These laws create rules to protect the public’s trust in local
government. But they are more than rules – these laws truly define the
essentials of responsive and effective local governance.

Page 32 of 41
This report is organized into six sections which discuss the
following topics:

 The Basics of Colorado “Home Rule” Government


 Voting Rules for Boards and Commissions
 Boulder’s Conflict of Interest Law
 Sunshine Laws: Open Meetings and Open Records
 Special Constitutional Rules for Quasi-Judicial Hearings
 Rules on Removal from Board or Commission Positions

A final caveat is necessary. This report is meant as a brief


summary of some very complex issues. You should not treat this report as
authoritative legal advice that is binding upon the city. If you have
additional questions, please feel welcome to contact me or your board’s or
commission’s assigned assistant city attorney for further information at
(303) 441-3020. Please recognize, however, that the City Attorney’s
Office represents the city as a corporate entity. We are not able to
represent you as an individual in a confidential attorney-client
relationship. We can and do, however, provide legal advice to the
Council, city staff, and boards and commissions on city business.
Moreover, you are entitled to receive non-confidential individual advice
from this office on conflict of interest matters that arise during your
service with the city.

Respectfully submitted,

ARIEL PIERRE CALONNE


City Attorney
APC:lh
cc: City Council
Frank W. Bruno, City Manager

Page 33 of 41
1. The Basics of Colorado “Home Rule” Government.

“The powerful corporate interests engaged in the


exploitation of municipal franchises are securely
entrenched behind a series of constitutional and legal
checks on the majority which makes it extremely
difficult for public opinion to exercise any effective
control over them.” 1

Between the Civil War and the early twentieth century, municipal
governments were considered “creatures” of the state. Cities had only
those few and limited powers that were granted by state legislation.
During the same period, the Fourteenth Amendment – which was intended to
assure Constitutional protection for freed slaves – was interpreted to
extend a wide array of rights to corporations. It is perhaps not
coincidental that several leading jurists of the day (and the leading
municipal law scholar) were former railroad corporation lawyers. 2

Powerful railroads and weak cities lead to widespread


legislative corruption. In an attempt to control cutthroat and
monopolistic railroad business practices, Colorado established a Railroad
Commissioner in 1885. The legislature promptly failed to fund the office,
and it was abolished in 1893. A three member Railroad Commission (the
precursor to today’s Public Utilities Commission) was established in 1907,
but didn’t begin its work until 1910 as a result of extensive railroad
litigation. 3

Finally, in 1904, Colorado dramatically changed the balance of


power between cities and the state by giving the City of Denver “home
rule” authority. Home rule powers are developed by and founded upon the
will of municipal voters. The voters organize their municipal corporation
around a “charter” which describes and limits the powers of the city
government. Rather than being a “creature” of the state, a home rule
city’s power over “local affairs” is paramount to state law. Boulder
adopted its first charter in 1917.

Today, Colorado home rule cities remain vigilant to protect home


rule power from intrusion by the state legislature. Areas such as zoning,
control of streets and wildlife, and public finance face regular

1 J. Allen Smith, LL.B., Ph.D., The Spirit of American Government, p.289


(1911); The Chautauqua Press, Chautauqua, New York.

2 In 1868, Iowa Supreme Court Justice (and former railroad lawyer) John F.
Dillon authored “Dillon’s Rule.” This rule held that cities have only
those powers expressly granted by the state or necessarily implied as
essential to the purposes declared by the state.

3 The CoPUC website has a nicely done history at


http://www.dora.state.co.us/puc/about/AboutHistory.htm

Page 34 of 41
challenges from interest groups which would prefer to have uniform state
control. Home rule power must also be protected for the people who have
vested local control in Boulder’s city government. Many of the laws
discussed below are aimed at maintaining the open and ethical foundation
of Boulder’s home rule powers.

2. Voting Rules for Boards and Commissions.

Boulder’s general rules concerning boards and commissions are in


Chapter 2-3 of the Boulder Revised Code 4. The first important rule is that
three affirmative votes are required for any action of a board or
commission of five members. There a few major exceptions: Four
affirmative votes are required for any action of the Planning Board and
for any action of the Parks and Recreation Advisory Board to dispose of
park land or to appropriate funds from the Permanent Parks and Recreation
Fund. If members are absent, it may be necessary to re-hear a matter so
that it is possible for the entire board or commission to vote. This
makes it particularly critical that board and commission members attend
every meeting if possible, in order to give applicants a fair opportunity
for a timely decision.

Board members and commissioners are not permitted to abstain


from voting. An “abstention” is a refusal to vote, despite being present
and qualified to do so. Section 2-3-1(f), B.R.C. 1981 states that if a
member is present but refuses to vote, the member’s vote: “Shall be
recorded in the affirmative.” The only exceptions are approval of minutes
of a meeting that the member did not attend or if the member was excused
under Chapter 2-7-2 “Conflicts of Interest Prohibited,” B.R.C.1981, or on
consideration of such member’s conduct in the business of the board or
commission.

The general provisions of the code, reflecting Section 130 of


the Charter, provide for election of officers of each board and commission
by the board or commission, minutes and summaries, taping of meetings,
application of Robert’s Rules of Order, Newly Revised (1990), unless the
board or commission adopts other rules of the procedure.

4 We cite references to the Boulder Revised Code as “B.R.C. 1981” which


signifies that last major revision and reorganization of the code back in
1981. A searchable version of the code is available online at
http://www.bouldercolorado.gov/index.php?option=com_content&task=view&id=3
30&Itemid=204
Page 35 of 41
3. Boulder’s Conflict of Interest Law.

Conflicts of interest are prohibited in Chapter 2-7-2 B.R.C.


1981. 5 Basically, the code requires public officials and employees not to
participate in any decision which could affect them or a member of their
immediate family financially. The law works by defining city
“transactions” in which an official or employee might have a “substantial
interest.” A “substantial interest” means:

“. . . a situation, including, without limitation, a financial


stake in the outcome of a decision in which, considering all of
the circumstances, would tend to influence the decision of a
reasonable person faced with making the same decision.” Section
2-7-15, B.R.C. 1981.

Although the rule creates an objective standard (“reasonable person”),


there is no set dollar amount that determines when a conflict arises.
Thus, in interpreting the law the City Attorney’s Office evaluates all of
the facts and circumstances surrounding the decision. Legal advice is
only binding with respect to the facts upon which it is based. This means
that board members or commissioners are required to disclose personal
financial information when a conflict issue arises. This can include
sources of income, investments, real estate interests, debts, and loans.
While this kind of disclosure is admittedly intrusive, it is necessary for
legal advice and required by the municipal code.

When a conflict exists, the board or commission member must


“disclose and recuse.” This is the process of publicly declaring the
nature of the conflict and refraining from voting or otherwise
participating in the decision making process in any manner. The process
of public disclosure may be uncomfortable for some people, but it is
required because it provides explicit reassurance to the community that
corrupting influences are not at work. The actual code describes the
“disclose and recuse” rules as follows:
“a) Disclosure and Recusal: No person with a conflict of
interest . . . shall fail to give written notice of the
interest described in such subsection to the city council or the
city board, commission, task force or similar body of which the
person is a member and the city manager as soon as reasonably

5The city is exempt from the requirements of the recently-approved


initiative known as “Amendment 41,” which would be codified in a new
Article XXIX of the Colorado Constitution. Section 7 of Amendment 41
states: “The requirements of this article shall not apply to home rule
counties or home rule municipalities that have adopted charters,
ordinances, or resolutions that address the matters covered by this
article.”
Page 36 of 41
possible after the interest has arisen. However, no written
notice is required if such person discloses the conflict of
interest on the record of a public meeting of the city council
or the city board, commission, task force or similar body of
which the person is a member. The interested councilmember,
employee, or appointee shall thereafter:
(1) Refrain from voting upon or otherwise acting in an official
capacity in such transaction;
(2) Physically absent himself or herself from the room in which
a matter related to such transaction is being considered; and
(3) Not discuss any matter related to such transaction with any
other member of the council, board, commission, task force, or
similar body of which the person is a member.” Section 2-7-
10(a), B.R.C. 1981.
If a board or commission member is unsure about whether or not a
conflict of interest exists, the board or commission member is entitled to
consult with a member of the City Attorney’s Office and to request an
advisory opinion on the conflict of interest rules to a particular
situation. Section 2-7-13, B.R.C. 1981. Complying with the City
Attorney’s advice provides a defense from prosecution for violation of the
code. Section 2-7-12(f), B.R.C. 1981.

The city’s conflict of interest law also provides non-binding


ethical guidelines to address the appearance of impropriety that could
arise in some situations. While violation of these rules is not a crime,
the public’s trust can be undermined if these principals are not upheld.
Specifically, the code calls for voluntary recusal in the following
situations:
“(1) If the person is an employee of a state or federal
government entity with a substantial interest in any transaction
with the city;
(2) If the person has a close friend with a substantial interest
in any transaction with the city, and the councilmember,
appointee, or employee believes that the friendship would
prevent such person from acting impartially with regard to the
particular transaction;
(3) If the person has an interest in any transaction with the
city that is personal or private in nature that would cause a
reasonable person in the community to question the objectivity
of the city councilmember, employee, or appointee to a city
board, or commission;
(4) If the person is called upon to act in a quasi-judicial
capacity in a decision regarding any of the situations described
in paragraphs (c)(1), (c)(2), and (c)(3) of this section; or

Page 37 of 41
(5) If the person owns or leases real property within six
hundred linear feet from a parcel of property that is the
subject of a transaction with the city upon which he or she must
make a decision, and is not required to receive official notice
of a quasi-judicial action of the city.” Section 2-7-9, B.R.C.
1981.

4. Sunshine Laws: Open Meetings and Open Records.


Sunshine laws are the tools by which a skeptical public retains
control of the government it has created. 6 These laws are monikered
“sunshine” because they were designed to let the sun shine into the
legendary smoke-filled back rooms of government decision-making.

In this context, we use the intentionally provocative term


secret to make clear how the press and public view government actions that
take place in private settings. Secret government decision-making is
problematic for many reasons, most of which are well beyond the scope of
this report. Public decisions help make sure that the voters have a clear
and accurate view of the actions and values of their local elected and
appointed officials. The voters cannot be expected to make wise decisions
on Election Day if they cannot fully evaluate the skills and values of
their elected representatives. Thus, secret decisions fundamentally
undermine the democratic process. These laws also protect the public’s
ability to participate meaningfully in government decision making.

Sunshine laws fall into two major categories: Open meetings,


and open records (or “Freedom of Information”). Boulder is highly unusual
in that the charter has been interpreted to forbid any closed or executive
session of the Council, or any board or commission. This demonstrates the
paramount importance of open government in Boulder.

Notice of Meetings is Required

Section 2-3-1(b)(5), B.R.C. 1981 requires each board or


commission to: “Hold all meetings open to the public, after notice of the
date, time, place, and subject matter of the meeting, and provide an
opportunity for public comment at the meeting.” This requires at a
minimum that boards and commissions provide twenty-four hour specific
notice of each meeting by posting a copy of the meeting agenda in the

6 While the rules discussed in this report are designed to protect the
public’s ability to trust local government, it is important to recognize
that skepticism about government is not necessarily an indicator of
failure. Indeed, skepticism should be respected as it is a measure of the
public’s engagement in their civic affairs. As public officials, we
answer skepticism by openness, honesty, hard work, and demonstrated
competence. Public trust is earned by daily dedication to these core
values.
Page 38 of 41
lobby of the Municipal Building and electronically. Agendas for regular
board and commission meeting are published in the Daily Camera as well.

Avoid Private Discussions and Casual Meetings

The state open meetings laws, as well as our consistent


interpretation of Section 2-3-1, B.R.C. 1981, require that if three or
more members of a board or commission meet at any time and discuss public
business, notice must be given of such meeting, and the meeting must be
open to the public. If a chance meeting occurs, such as at a social
event, the members of the board or commission must not discuss public
business. One-on-one communication about public business between members
of a board or commission is permitted.

It is important to recognize that a meeting of three or more


members may not necessarily have to happen in the same time and place. In
other words, a face-to-face meeting is only one way for potentially
unlawful action to occur. “Serial” meetings in which decisions are made
as one official garners support and commitment for certain actions from
several of his or her colleagues, one-by-one, are problematic as well.

State law specifies that three or more elected officials


communicating by e-mail constitutes a public meeting, and all such
communications are to be copied to the Hotline e-mail address. While not
explicitly required by the state law, we advise similar caution for boards
and commissions because a court could find such an electronic
communication to constitute an illegal meeting. Use of one-on-one
telephone or fax communications is a better idea, since the risk of
forwarding is much less, and thus the risk of an illegal meeting can be
more easily avoided.

5. Special Constitutional Rules for Quasi-Judicial Hearings.

The Constitution requires certain city decision-making processes


to follow court-like procedures. These procedures assure a fair and
thoughtful decision that protects the individual rights involved. The
procedures also assure that affected persons have notice of the potential
action and an opportunity to be heard before the decision is made. These
are called “quasi-judicial” hearings.

A quasi-judicial hearing calls for a determination of facts


based upon evidence presented during a hearing. Chapter 1-3, “Quasi-
Judicial Hearings,” B.R.C. 1981, specifies all of the details of handling
procedural and evidentiary issues at such hearings. Special notice
requirements apply, and particular notice requirements are imposed for
certain matters, such as land use and liquor license proceedings. Quasi-
judicial hearings may give rise to an appeal to district court.
Page 39 of 41
Board members and commissioners should be aware that the city’s
quasi-judicial procedures include the following requirements:

 Specific, mandatory rules for advance notice by mail or


publication;
 Testimony must be taken under oath or by affirmation;
 Oral and documentary evidence are allowed;
 Cross-examination is allowed if requested;
 Some evidentiary rules (although less stringent than those
used in court); and
 Written findings of fact and conclusions of law.

No Ex Parte Contacts

A fair hearing requires the decision to be made upon the basis


of evidence that all have heard, and all have had a chance to challenge.
This means that the substance of all material contacts (conversations,
site visits, etc.) outside of the hearing, dealing with the subject matter
of the decision, must be disclosed on the hearing record, and that an
opportunity be given for comment at the hearing if the material is to be
considered in any way by the board or commission. The City Attorney’s
Office recommends that board and commission members avoid all such ex
parte discussions outside of the hearing in order to avoid problems of
disclosure under Section 1-3-6 (“Ex Parte Contacts,”) B.R.C. 1981. In the
alternative, whenever an ex parte contact cannot be avoided, we recommend
that careful notes be kept of any communications so that they can be
disclosed in detail. We also advise that such disclosure be made whether
or not the board or commission member intends to actually rely upon the
communication, so that no allegation to the contrary can ever be made.
Board and commission members should also avoid site visits guided by an
applicant or other interested party whenever possible, to avoid any chance
of improper influence on a decision. The easiest way to disclose
information is to compare what was said to the written agenda materials
and then to disclose anything that was said that is not contained in the
agenda materials.

6. Rules on Removal from Board or Commission Positions.

The Charter provisions concerning boards and commissions


generally are contained in Section 130, “General Provisions Concerning
Advisory Commissions.” Section 130 provides that: “The Council shall have
the power to remove any commissioner for non-attendance to duties or for
cause.” “Non-attendance to duties” clearly includes unexcused meeting
absences, and can include other kinds of failures to attend to duties.
The Council has relatively broad authority to address inappropriate
conduct by board members and commissioners.
Page 40 of 41
The Charter contains more specific provisions dealing with
specific boards. The provisions concerning the Planning Board, contained
in Section 74, are slightly more detailed with regard to removal by the
council for cause: “The Council shall remove any appointed member who
displays lack of interest, or fails, upon due notice, and continuously for
three months, to attend meetings of the board without formal leave of
absence.”

The provisions for the Parks and Recreation Advisory Board


contained in Section 158 are similar: “The Council may remove any board
member who displays lack of interest or who fails to attend board meetings
for three consecutive months without formal leave of absence.”

Finally, the provisions concerning the Open Space Board of


Trustees are quite general. Section 173 provides only that: “Five members
of the Council may remove any board member for cause.”

Council has codified the absence rule at Section 2-3-1, B.R.C.


1981: Failure to attend three consecutive regularly scheduled meetings
without a leave approved by a majority of the board is grounds for Council
to remove a member.

To summarize, any unexcused period of absence in excess of three


regularly scheduled meetings can result in termination of membership on a
board or commission. However, the Council retains the power to remove a
board or commission member for absences of a shorter period and for causes
other than absence from board or commission meetings.

◊◊◊◊◊

Page 41 of 41
Attachment B

PROCEDURAL RULES
OF THE
PARKS AND RECREATION ADVISORY BOARD OF THE
CITY OF BOULDER, COLORADO
Adopted on April 8, 1996
(amended July 2000)

Pursuant to the provision of Section 159 of the Charter of the City of Boulder and Section
2-3-1, B.R.C. 1981, the Parks and Recreation Advisory Board of the City of Boulder adopts the
following rules governing the general conduct of its business.
In handling routine business the Board may, by general consent, use more informal
procedure than that set forth in these rules. Any rule may be suspended at any time by an
affirmative vote of four members of the Board taken at a meeting open to the public.

I. SCOPE OF RULES
A. PROCEDURES GOVERNED. These rules govern the procedures of the Parks
and Recreation Advisory Board of the City of Boulder, Colorado, with respect to
all matters entrusted to the Board by the City Charter, the City Council, or by
ordinance or resolution of the City of Boulder. These matters include, but are not
limited to, recommendations to City Council concerning disposal of park land,
expenditures or appropriations from the Permanent Parks and Recreation Fund,
grant or denial of any license or permit in or on park lands, protection and
maintenance of park lands, the parks and recreation proposed budget, and any
additional parks and recreation matters upon which our Board=s advice or
approval is requested.
Sec. 162 and 163 of the Charter of the City of Boulder address more
specifically the binding nature of the Parks and Recreation Advisory Board’s
recommendation regarding disposal and acquisition of park properties.
B. EFFECTIVE DATE. These rules shall take effect on July 24, 2000, and thereafter

1
all prior rules or regulations of the Board in conflict therewith shall be repealed
and of no further force or effect. A copy of these rules shall be placed on file in
the central file of the City and shall be available to the public.

2
II. OFFICERS OF THE BOARD
A. OFFICERS. The Board shall select a Chair and a Vice Chair from among its
members to serve for one year. The Director or the Director’s designee shall be
Secretary to the Board.
B. DUTIES OF THE CHAIR. The Chair is responsible for conducting the Board’s
meetings in an orderly and fair manner and assuring that minority opinion may be
expressed and that the majority is allowed to rule. The Chair shall decide all
points of order or issues of procedure unless otherwise directed by a majority of
the Board in session at that time. The Chair shall determine items to be placed on
the agenda of any regular meeting after consultation with the Director.
C. DUTIES OF THE VICE CHAIR. The Vice Chair shall preside in the absence of
the Chair and shall assume all the duties of the Chair. In the event that both the
Chair and the Vice Chair are absent at a meeting, an acting Chair shall be selected
by a majority vote of those members present at the meeting.
D. DUTIES OF THE PARKS AND RECREATION DIRECTOR. The Parks and
Recreation Director or designee shall serve as Secretary to the Board and shall be
the regular technical advisor of the Board and shall present all agenda items to the
Board, and shall generally supervise the clerical work of the Board.
The Secretary shall prepare the Agenda, keep or cause to be kept a full and
true record of all meetings of the Board; shall be the custodian of all documents
and written materials belonging to the Board, and shall issue notices of meetings
and calls for special meetings as previously provided.
E. NOMINATIONS AND ELECTIONS. Nominations for Chair and Vice Chair are
made each year at the first meeting following City Council appointments to the
Board. The Chair will be elected prior to nominations for Vice Chair.
Nominations are made orally. No second is required, but the consent of the
nominee shall have been obtained in advance. Any person so nominated may
withdraw his or her name from nomination. Silence by a nominee shall be
interpreted as acceptance of candidacy. A motion shall be made and seconded to

3
close the nominations and acted upon as any motion. The voting is accomplished
by the raising of hands unless there is only one nomination and a unanimous vote
for the candidate. The names shall be called in alphabetical order or reverse
alphabetical order depending upon a flip of a coin by the Secretary, who shall
thereafter alternate the order for all further election ballots during the same
meeting. The first candidate for each position receiving four or more votes is
elected. In case a vacancy shall occur in any of the offices, an election to fill the
vacancy may be held at the next regular meeting.

CONDUCT OF BOARD MEETINGS

MEETINGS
A. REGULAR MEETING. The regular meeting shall be held monthly, generally the
fourth Monday of the month, in Council Chambers. Additional meetings to be
scheduled are board tours, study sessions and subcommittee meetings. Any
meeting involving three or more board members must be publicized in
advance.
B. SPECIAL MEETINGS. Special meetings may be called at any time by three
members of the Board. This is done by submitting a written request to the
Director stating the reason for the special meeting at least 48 hours in advance of
the proposed meeting. The Director will notify the Board members, giving them
the 24-hour notice required in the Charter and will provide as much public notice
as practicable under the circumstances.
C. QUORUM. A quorum shall be four members of the Board.

AGENDA
The printed agenda is distributed to Board members no later than four days preceding the Board
meetings, whether regular, special or continued meetings. Notice shall be given of all agenda
items by publication of the title or a general description thereof in the Boulder Daily Camera on

4
the weekend preceding the Board meeting. Notice shall not be necessary when items are adopted
by emergency. A majority of the Board present at a meeting by motion and vote may determine
that an item qualifies as an emergency. Items for the Board agenda may be submitted by Board
members, City Council members, the City Manager’s office, department heads of the City and
by citizens. Items to be considered must be submitted in writing to the office of the Director by
noon Monday no later than two weeks prior to the regular meeting. The Chair shall determine the
items to be placed on the Agenda of any regular meeting after consultation with the Director.
The Agendas of special meetings shall be set by those members of the Board calling the meeting.
Additionally, by concurrence of four or more members of the Board, the Board may direct
preparation of a matter for the Agenda or may request staff to expend substantial time on any
matter. The Chair sets the order of the Agenda, which shall generally be as follows:
I. APPROVAL OF THE AGENDA (6 p.m.). Items will generally not be added but may be
added or deleted with the consent of the Chair

II. APPROVAL OF MINUTES Minutes of the previous meeting must either be read and
approved or approved as made available beforehand. Opportunity must be given in either
case to correct the minutes before approval, and the approval is then as corrected.

III. CITIZEN PARTICIPATION The Board’s goal is to start Citizen Participation at 6:05
p.m. sharp. In any event Citizen Participation will not be closed prior to 6:15 p.m. This
portion of the meeting is provided for citizens to communicate ideas or concerns to the
Board regarding parks and recreation issues which are not related to Items for Action.

IV. ITEMS FROM THE DIRECTOR

V. ITEMS FROM THE BOARD

VI. ITEMS FOR ACTION

VII. RECESS At any time during the Agenda, the Chair may declare a recess until a specified
time.

VIII. ITEMS FOR DISCUSSION/INFORMATION No final decision may be made under this
item, or under A or B below until after an allowance for citizen participation is made.
Proposed decisions are announced by the Chair prior to opening Citizen Participation to
allow for public testimony, board questions, staff response, board motion, consideration
and debate and an informed final decision.

5
IX. UPCOMING BOARD MEETINGS AND DATES

X. NEXT BOARD MEETING

XI. ADJOURNMENT The Board’s goal is that all meetings be adjourned by 8:30 p.m. An
agenda check will be conducted at or about 8 p.m., and generally, absent a deadline
which the Board cannot affect, no new substantial item will be addressed after 8:30 p.m.
III. RULES OF SPEAKING
A. To obtain the floor, a Board member or staff member shall address the Chair.
B. To assign the floor, the Chair recognizes by calling out the person’s name. Only
one person may have the floor at a time. A person shall not speak while another
has the floor. The Chair generally next recognizes the person who first asks for
the floor after it has been relinquished.
C. During citizen participation or public hearings, members of the public are
recognized by the Chair. No person shall make a presentation (not including
Board questions) of more than three minutes, unless given permission by the
Chair before beginning to speak.
D. Each speaker is requested to direct remarks to the Board action which is being
requested. The Chair shall have the authority to interrupt any speaker digressing
from the subject and may ask that points already presented not be repeated.

IV. PROCEDURE IN HANDLING MOTIONS


A. A Board member, after obtaining the floor, makes a motion. (If long or involved,
it should be in writing). The Board member may state reasons briefly before
making the motion; but may argue the motion only after it has been seconded;
and having spoken once may not speak again until everyone who wishes to be
heard has had the opportunity to speak, except to answer questions asked by other
Board members. Having made a motion, a Board member may neither speak
against it nor vote against it.
B. Another Board member seconds the motion. All motions require a second, to

6
indicate ", “I am opposed to the motion because..”, etc. Remarks should be
addressed to the Chair.
C. The Chair restates the motion and puts the question. Negative as well as
affirmative votes are taken.
1. If the Chair is in doubt of the result of a voice vote, the Chair may call for
raising of hands or a roll call vote.
2. If any Board member is in doubt of the result of a voice vote, the Board
member may obtain a vote by raising of hands or by roll call by calling for
it (without need to be recognized by the Chair).
3. In case of a tie vote, the motion is lost.

D. The Chair announces the result. The motion is not completed until the result is
announced.

V. VOTING
Voting ultimately decides all questions. A roll call vote is required for any matter
relating to the acquisition or disposal of land and the adoption of the Capital
Improvements Program budget. For other items, the Board may use any one of the following
ways of voting:

A. Voice Vote. All in favor say “aye”, and all opposed say “no”. The Chair rules
on whether the “ayes” or the “nos” predominate, and the question is so decided.
B. Raising of Hands. All in favor raise their hands, and then all opposed raise their
hands. The Chair decides which predominates and notes dissents for the record.
C. Roll Call. The Secretary calls the roll of the Board members, and each member
present votes “aye” and “no” as each name is called. The roll is called in
alphabetical order, with the following special provision: on the first roll call vote
for the meeting, the Secretary shall begin with the first name on the list; on the
second vote, the Secretary shall begin with the second and end with the first; and
so on, continuing thus to rotate the order. This rotation shall continue from

7
meeting to meeting.

VI. STUDY SESSIONS


Materials for study sessions generally will be made available to the Board and the public
at least ten days before the date of the study session. Notice will be given as for other Board
meetings. Written comments received by staff prior to study sessions will be forwarded to all
Board members at the study session. Testimony of persons other than staff is not permitted at
study sessions unless a majority of members present vote to suspend this rule. The Board shall
give direction to staff at study sessions for the presentation of action items at future regular Board
meetings. In regard to public notice and minutes of the study session, they shall be handled in the
same manner as regular meetings.

VII. PARLIAMENTARY PROCEDURE


Except as otherwise provided herein, all matters of procedure are governed by Robert’s
Rules of Order Newly Revised (1981).

8
Attachment C

PRAB Meeting Procedures


and Expectations
October 22

Ali Rhodes/Deputy Director


October 22, 2018 – PRAB Retreat
Overview of a PRAB Meeting
• Purpose: To • Key Takeaways:
familiarize the Bard • Chair/Vice-Chair manages
meeting/questions/commen
with the types of ts
items that appear on • Staff is present in a support
the PRAB agenda and and resource role
the expectations
associated with those
items

Ali Rhodes/Deputy Director


October 22, 2018 – PRAB Retreat
Agenda Item 1 and 2: Call to Order,
Approval of the Agenda, Approval of
the Minutes, Future Board Items and
Tours
• Purpose: To officially begin • Key Takeaways:
the meeting, review the – Housekeeping items
agenda and make any addressed
necessary changes to – Approval of minutes
accommodate guests or requires formal motion
meeting flow; review second and vote (see
significant upcoming handbook page 6)
meetings, items or tours – ~ 5 mins

Ali Rhodes/Deputy Director


October 22, 2018 – PRAB Retreat
Agenda Item 3: Public Participation

• Purpose: To provide an • Key Takeaways:


– Allow first amendment rights of all
opportunity for the public speakers
to comment on agenda – Limit conversation to 3 minutes per
speaker/or five minutes for pooled
items not being addressed minutes for 2 speakers
– Speakers may provide handouts
as public hearing items later – PRAB is not required to address
speakers but may ask follow-up
in the agenda questions of speakers and staff
– “Blurb” on the agenda is read by
Chair to clarify expectations
– ~ 30 minutes

Ali Rhodes/Deputy Director


October 22, 2018 – PRAB Retreat
Agenda Item 4: Consent Agenda

• Purpose: To review and • Key Takeaways:


– Items are present “on consent”
approve the minutes without verbal presentation to
from the previous PRAB Board
– Approval of the minutes requires
meeting; and provide the motion to approve, second and
Board a written update vote
– Ability of Board to ask clarifying
on department projects questions of staff
and initiatives – Board members can request that
item be “called up” and
addressed in more detail
– ~ 5-7 minutes

Ali Rhodes/Deputy Director


October 22, 2018 – PRAB Retreat
Agenda Item 5: Action Items
• Purpose: To formally • Key Takeaways:
consider items that – Most formal of PRAB processes
require the PRAB’s – Staff presentation
Board asks clarifying questions
action, per charter –
– Public hearing requirement
requirements – Motion, second (refer to
handbook page 6)
– Board discussion
– Vote (refer to handbook page
7)
– ~ 15 to 35 mins
Ali Rhodes/Deputy Director
October 22, 2018 – PRAB Retreat
Agenda Item 6: Discussion/Information
Items

• Purpose: To address • Key Takeaways:


– Most substantive part of the
substantive items being Board agenda
brought to the Board; – Accompanied by detailed written
material in Board packet
Before items are brought – Detailed presentation by
to the Board for action department or city staff
they are reviewed as – All presentations must follow
PRAB presentation guidelines
discussion/information – Question and comment period
items – Next steps discussed
– ~ 1 hour

Ali Rhodes/Deputy Director


October 22, 2018 – PRAB Retreat
Agenda Item 7: Matters from the
Department
• Purpose: To address • Key Takeaways:
items of importance or – Materials presented in
interest to the Board PRAB packet
that are less detailed in – Brief staff presentation
scope than or overview of material
discussion/information – Question and comment
items but more detailed period
than consent items – ~ 1 hour

Ali Rhodes/Deputy Director


October 22, 2018 – PRAB Retreat
Agenda Item 8: Matters from the Board

• Purpose: To provide the • Key Takeaways:


Board an opportunity to – Board initiated discussion
address Board business; – Limited written materials
provided
provide updates on
– Opportunity for Board
Board work plan; and members to bring up
review community items
engagement – Provide Board updates on
opportunities liaison or other work
– ~ 5 to 15 minutes

Ali Rhodes/Deputy Director


October 22, 2018 – PRAB Retreat
Agenda Item 9 and 10: Next Board
Meeting and Adjourn

• Purpose: To review dates • Key Takeaways:


for upcoming meetings; – Updates need no action
and close the business – Directing staff to do
meeting new work may require
a nod of 3 or 5,
depending on level of
work
– ~ 5 mins

Ali Rhodes/Deputy Director


October 22, 2018 – PRAB Retreat
Attachment D

STAFF PRESENTATIONS TO THE CITY OF BOULDER’S PARKS AND


RECREATION ADVISORY BOARD

Thank you for your interest in speaking to the City of Boulder’s Parks and Recreation
Advisory Board (PRAB). As Advisory Board members, we welcome the opportunity to hear
from city staff regarding matters from other departments that impact Boulder’s parks and
recreational system and services (including the city’s tree canopy) or relate to the health and
well-being of the community. The following guidance is intended to ensure we make the best
use of the time available.

When preparing to make a presentation to the PRAB, we ask the following:


Submit materials in advance. Submit materials to be included in the PRAB packet no later than
5 pm on the Monday of the week prior to the date of the meeting. For more information about
packet deadlines, please contact Sarah DeSouza at desouzas@bouldercolorado.gov.
Cover Page. Please include a single cover page identifying in summary fashion:
• Nature of the Presentation. Whether you have specific questions for the PRAB or whether
this is a courtesy/informational visit. It would also be helpful to know what other Boards and
Commissions are being solicited for input.
• Impact. The Parks and Recreation facilities, services, or programs (including the city’s tree
canopy) that are impacted by your matter and the nature of that impact.
• Key Themes. Identify which, if any, of the Parks and Recreation Department’s key themes
are relevant to your matter: Community Health and Wellness, Taking Care of What We
Have; Financial Sustainability; Building Community and Relationships; Youth Engagement
and Activity; and Organizational Readiness. Please consult a Parks and Recreation staff
member if you are unsure of what these mean.
• Questions for PRAB (if applicable).
• Timeframe. What are the next steps in the matter and by when do you need input or a
decision from the PRAB (if applicable).

Spoken Presentation. Please limit your spoken presentation to 10 minutes. Please assume we
have read the materials provided and focus the presentation on the portions that are relevant to
the PRAB. If there are various options under consideration, please identify the trade-offs as they
relate to parks and recreation facilities, services or programs. Brief introductory remarks will
enable more time for questions and discussion.

The Parks & Recreation Advisory Board members look forward to meeting with you.

3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200


3198 Broadway, Boulder, CO 80304 | www.boulderparks-rec.org | O: 303-413-7200
Attachment E

C I T Y O F B O U L D E R, C O L O R A D O
Office of the City Attorney
Municipal Building
1777 Broadway
Post Office Box 791
Boulder, Colorado 80306
Telephone (303) 441-3020
Facsimile (303) 441-3859

MEMORANDUM
FROM: Tom Carr, City Attorney

TO: Board and Commission Members

DATE: April 12, 2018

SUBJECT: Public Meetings; Open Records; Boulder’s Code of Conduct

Introduction
The City of Boulder relies heavily upon the members of the community who volunteer to
work on its boards and commissions. Those who devote their time to service on these bodies are
much appreciated. However, even though board and commission members are volunteers, they
are also appointed city officials. As a result, a number of state and local laws apply to them and
violation of those laws can have serious consequences. This memorandum attempts to
summarize important provisions of those laws.

Role of Boards and Commissions


Boards and Commissions serve an important role advising the City Council. It is
important to remember that the council is charged with making policy. The role of Boards and
Commissions is to provide expertise and background on areas with their scope of responsibility.
Council members pay close attention to the views expressed by the various Boards and
Commissions. It is the City Council, however, that makes policy. Boards and Commissions are
not expected to initiate policy changes, but to advise the City Council. Some Boards and
Commissions have additional responsibilities beyond the advisory role that are described in City
Charter and the Boulder Revised Code. They include delegated decision-making authority over
specific governmental decisions.

Open Meetings Law


The Open Meetings Law requires that all meetings of public bodies be open to the public.
“Meetings” are defined to include “any kind of gathering convened to discuss public business, in
person, by telephone, electronically, or by other means of communication.” § 24-6-402(1)(b),
C.R.S.

K:\CCAD\Orientation Memo for New Members.MCI.doc


1
Members of City Boards and Commissions
Page 2
April 12, 2018

Re: Public Meetings; Open Records; Boulder’s Code of Conduct

Whenever three or more members (or a quorum of the members, if fewer than three) of
the “local public body” get together and public business is discussed or formal action may be
taken, the gathering is a “meeting” and open to the public.

• Notice for Public Meetings

Members of the public cannot exercise their right to attend open meetings unless they
know that meetings will occur. Therefore, the Open Meetings Law requires that the public
must receive “full and timely notice” of any upcoming meeting. The statute prescribes the
notice requirement as follows:

Any meetings at which the adoption of any proposed policy,


position, resolution, rule, regulation, or formal action occurs or at
which a majority or quorum of the body is in attendance, or is
expected to be in attendance, shall be held only after full and timely
notice to the public.…

The statute does not explicitly limit the kind of notice that is legally sufficient.
However, it approves the practice of posting notice in a designated public place at least twenty-
four hours before the meeting. In practice, the city usually publishes meeting dates in the local
newspaper.

• Public Meetings and Electronic Mail

Sometimes an exchange of email messages can violate the Open Meetings Law. That is
because if board or commission members engage in an electronic email discussion, a court may
rule that they have engaged in a non-noticed public meeting.

Usually, no open meetings problem exists if only two board or commission members
communicate by email. Under state law, a meeting occurs when more than two members of a
public body discuss the public’s business. However, email presents dangers even when a board
or commission member intends an email message to be received by only one other board or
commission member. Because it is so easy to forward electronic mail, or copy and paste it into a
new message, an email author can never be certain that the circulation of his or her message will
stop with the original addressee.

The easiest way to deal with this issue is to do business at regularly scheduled and
noticed traditional public meetings. Electronic communications are convenient, but without
advance planning and a great deal of care, they may run up against the legislative prohibition on
the formulating of public policy in private.

When a member of a board or commission desires to communicate by email with another


board or commission member, a practical step might be to prominently post within the

2
Members of City Boards and Commissions
Page 3
April 12, 2018

Re: Public Meetings; Open Records; Boulder’s Code of Conduct

communication a request that it not be forwarded to any other person. That may help insulate the
sender from any alleged violation of the Open Meetings Law. However, it is doubtful that such a
technique would have any impact upon the issue of whether the message would be subject to
disclosure pursuant to the Open Records Act, which is briefly described in the next section.

Colorado Open Records Act


The Colorado Open Records Act requires that most documents generated during the
course of the governmental process be made available for public inspection upon request. The
state statute defines “public records” very broadly. They include “all writings made, maintained,
or kept” by agencies of government – including city government.

Electronic files (including email) are specifically included as “documents” under the law.
As a result, almost all messages and documents created by officials during the course of
government process are considered public documents. In fact, there is a specific provision in
state law which mandates that if officials use electronic mail to discuss pending legislation or
other public business among themselves, the electronic mail is subject to the law. § 24-6-
402(2)(d)(III), C.R.S

On the other hand, not every email produced by a board or commission member is a
public document. Private messages that are not related to municipal business are not covered by
the disclosure law. Also, some documents may be confidential by virtue of legal privileges. For
example, some communications with the City Attorney’s Office might be covered by the
attorney/client privilege.

• Open Records and Home Computers

Under some circumstances, email exchanged between board or commission members


over private email networks may also be subject to disclosure pursuant to the Open Records Act.

If municipal officials exchange email messages from their home computers that discuss
official city business or that are intended to influence the work of the board or commission, there
is a good chance that those messages will be covered by the law. That means that if a member of
the public requests them, the messages may have to be disclosed. If this kind of situation was
presented to a court for resolution, the ultimate decision would probably turn on the nature and
purpose of the messages rather than upon which computer system was used to produce or receive
the messages.

Code of Conduct
City staff and members of the city’s many boards and commissions are governed by the
provisions of the city’s Code of Conduct. Those provisions are found in Chapter 2-7, sections 2-
7-1 through 2-7-15 of the Boulder Revised Code (B.R.C.). In 2014, Council made significant

3
Members of City Boards and Commissions
Page 4
April 12, 2018

Re: Public Meetings; Open Records; Boulder’s Code of Conduct

changes to the Code of Conduct. Council’s goal was to make the code more accessible and
easier to understand.

The purpose of this part of the code is to protect the integrity of city government. The
idea is to prohibit public officials from acting on matters in which they have conflicts of interest
and to establish guidelines that encourage them to avoid any appearance of impropriety. The
Code of Conduct promotes trust in government.

This memorandum summarizes important provisions of the Code of Conduct. However,


board and commission members should read the entire Code of Conduct chapter. Obviously, if
there is any inconsistency between this memorandum and the actual Code of Conduct language,
the Code of Conduct language controls.

• Prohibited Acts

The code provides criminal sanctions for three violations. These are accepting bribes,
profiteering, or using confidential information. These prohibitions appear in section 2-7-2.

• Expectations

The code of conduct establishes ten expectations for city officials and employees. These
expectations can be found in section 2-7-8. These expectations are broken into ten affirmative
requirements and eighteen prohibitions. Section 2-7-8(e) requires officials and employees to
behave as follows:

(1) Strive at all times to serve the best interests of the city regardless of his or her
personal interest.

(2) Perform duties with honesty, care, diligence, professionalism, impartiality and
integrity.

(3) Strive for the highest ethical standards to sustain the trust and confidence of the
public they serve, not just the minimum required to meet legal or procedural
requirements.

(4) Use sound judgment to make the best possible decisions for the city, taking into
consideration all available information, circumstances and resources.

(5) Act within the boundaries of his or her authority as defined by the city charter and
code.

(6) Treat colleagues and members of the public professionally and with courtesy.

4
Members of City Boards and Commissions
Page 5
April 12, 2018

Re: Public Meetings; Open Records; Boulder’s Code of Conduct

(7) Disclose personal or professional relationships with any company or individual


who has or is seeking to have a business relationship with the city, if the official
or employee has any authority to exercise discretion over the business
relationship.

(8) Disclose any benefit he or she will receive from any matter requiring the exercise
of discretion by the officer or employee.

(9) Use city resources, facilities and equipment only for city purposes, except for
reasonable incidental personal use that does not interfere with city business.

(10) Disclose waste, fraud, abuse and corruption to appropriate authorities.

As you can see, council has incorporated some of the general concepts from the conflict
of interest rules into the expectations section. That is, there is now an expectation that the
official or employee will disclose relationships or benefits arising from a transaction. Section 2-
7-8(f) prohibits officials or employees from doing any of the following:

(1) Advocate or support any action or activity that violates a law or regulatory
requirement.

(2) Use his or her position or decision-making authority for his or her benefit.

(3) Expend city funds for his or her personal use or benefit.

(4) Misrepresent known facts in any issue involving city business.

(5) Exercise authority or discretion in any matter in which he or she will benefit as a
result of that exercise of authority or discretion.

(6) Use city resources, facilities or equipment for personal profit, for outside business
interests or to access any inappropriate material, except if viewing such material
is a necessary and proper part of their duties.

(7) Participate in any decision to appoint, hire, promote, discipline or discharge a


relative for any position with the city.

(8) Supervise a relative in the performance of the relative's official powers or duties.

(9) Compel or induce a subordinate municipal officer or employee to make, or


promise to make, any political contribution, whether by gift of money, service or
other thing of value.

5
Members of City Boards and Commissions
Page 6
April 12, 2018

Re: Public Meetings; Open Records; Boulder’s Code of Conduct

(10) Act or decline to act in relation to appointing, hiring or promoting, discharging,


disciplining, or in any manner changing the official rank, status or compensation
of any employee, or an applicant for a position, including appointment to a board
or commission, on the basis of the giving or withholding or neglecting to make
any contribution of money or service or any other valuable thing for any political
purpose.

(11) Solicit or accept anything of value from anyone doing business with the city.

(12) Solicit or accept employment from anyone doing business with the city, unless the
official or employee completely withdraws from city activity regarding the party
offering employment.

(13) Use his or her public position to obtain a benefit for the official or employee, a
family member, or anyone with whom the official or employee has a business or
employment relationship.

(14) Vote, authorize, recommend, or in any other way use his or her position to secure
approval of a contract (including employment or personal services) in which the
official or employee, a family member, or anyone with whom the official or
employee has a business or employment relationship, has an interest.

(15) Use, or authorize the use of, his or her title, the name "City of Boulder," or the
city's logo in a manner that suggests impropriety, favoritism, or bias by the city or
the official or employee.

(16) Use, or authorize the use of, his or her title, the name "City of Boulder," or the
city's logo in a manner that suggests or implies that the city supports or opposes a
candidate or ballot measure, except that public officials may identify themselves
and their position as public officials supporting or opposing candidates or ballot
measures.

(17) Use, or authorize the use of, his or her title, the name "City of Boulder," or the
city's logo in for personal profit or advantage.

(18) Use city resources, facilities or equipment to support or oppose any political
candidate or ballot measure.

It is important to note that the code formerly prohibited board and commission members from
identifying themselves as such in political endorsements. Council decided to remove this
prohibition. Section 2-7-8(f)(16) is the relevant section, which is quoted as number 16 above.

6
Members of City Boards and Commissions
Page 7
April 12, 2018

Re: Public Meetings; Open Records; Boulder’s Code of Conduct

• Limitations on Accepting Gifts

The code provision about gifts appears in section 2-7-4.

The basic rule for board and commission members is that an appointee (or any relative of
such an official) may not accept anything of value if:

(1) The official is in a position to take official action with regard to the
donor; or

(2) The city has or is known to be likely to have a transactional, business,


or regulatory relationship with the donor.

Questions that arise in this area generally involve a list of items that are not considered
gifts for purposes of the code. Section 2-7-5 (b) contains the list as follows:

(1) Campaign contributions permitted by law;

(2) An unsolicited, occasional non-pecuniary gift of a maximum amount


of $53.00 or less in value;

(3) A gift from a relative;

(4) An award, publicly presented, in recognition of public service;

(5) Reasonable expenses for attendance at a convention, fact-finding


mission or trip, or other meeting if the person is scheduled to deliver a
speech, make a presentation, participate in a panel, or represent the city
provided that if travel expenses are paid:

(A) The travel is for a legitimate city purpose;

(B) The travel arrangements are appropriate to that purpose;

(C) The expenses paid are for a time period that is no longer than
reasonably necessary to accomplish the business that is its purpose;

(D) The public official or public employee who will be traveling is not
currently, was not in the recent past, and will not in the reasonably
foreseeable future, be in a position to take direct official action
with respect to the donor;

7
Members of City Boards and Commissions
Page 8
April 12, 2018

Re: Public Meetings; Open Records; Boulder’s Code of Conduct

(E) Prior to travelling, the public official informs the city council or
the employee informs the city manager of the name of the party
paying for the travel expenses and the reason for the travel; and

(F) After completing the travel, the public official reports compliance
of the first four conditions to the city council and the public
employee reports compliance with the first four conditions to the
city manager.;

(6) Items which are similarly available to all employees of the city or to
the general public on the same terms and conditions; and

The obvious intent of these provisions is to avoid actual graft or the appearance that special
treatment from our local government can be purchased. Accepting gifts by government officials
can be very problematic and it is strongly suggested that board and commission members who
have any questions in this area contact the City Attorney’s Office for specific feedback and
suggestions.

• Conflicts and Outside Employment

Section 2-7-5 sets out some rules about outside employment. Under those rules, board
and commission members are not to take official action with respect to a former employer for at
least six months after they leave the job in which they worked for that employer.

Also, board and commission members are supposed to report existing or proposed
outside employment or business interests that may affect their responsibilities. This notice must
be in writing to the City Council.

Within thirty days after accepting a new job or business opportunity, board and
commission members are to report any changes of employment or changes to outside business
interests that may affect their responsibilities to the city.

• Limitations on the Participation of Former Officials

For twelve months following termination of office or employment, no former official


may appear before, or participate in, the proceedings of a city board or commission on which he
or she was a member. However, this limitation may be waived by the City Council by
appointment or vote.

8
Members of City Boards and Commissions
Page 9
April 12, 2018

Re: Public Meetings; Open Records; Boulder’s Code of Conduct

• Limitations on Litigation by Former Appointed Officials

No former official may bring a lawsuit against the city, or participate in a lawsuit in
which the city is involved on behalf of any other person or entity, if the litigation involves a
matter upon which the person took official action during his or her service. This rule applies for
twelve months following termination of service with the city.

• Employment of Relatives

Generally, a board or commission member may not advocate for the appointment or
hiring by the city of someone who is his or her relative. However, board and commission
members may request the City Council to make such an appointment or hiring decision.

Also, it is permitted for the city to enter into transactions with companies, corporations or
other business organizations that employ a relative of a city official if:

(a) The board or commission member does not participate in the hiring decision;

(b) Any business organization involved is a publicly-traded corporation that provides its
services to the city on nondiscriminatory terms justified by the market facts and
circumstances of each transaction; or

(c) The business organization has been doing business with the city for at least one year
prior to the date the city official’s relative became employed by it and the board or
commission member’s relative is not directly employed to work on matters involving the
city and his or her compensation is not tied to the success of the outside business
organization in obtaining business from the city.

• Prohibition on Representing Others Before the City

The general rule is that members of boards and commissions are not allowed to represent
others in front of the board or commission on which they serve or before the City Council. It
may, under some circumstances, also be improper for members of boards and commissions to
represent others in front of other city groups or bodies. This is an important rule and if it is
violated, violators may be removed from their board or commission or could even be criminally
prosecuted.

Because this rule can be somewhat complicated in application, members of boards and
commissions are urged to seek guidance from the City Attorney’s Office before they represent
another party before a city entity.

9
Members of City Boards and Commissions
Page 10
April 12, 2018

Re: Public Meetings; Open Records; Boulder’s Code of Conduct

• The Manner in Which a Board or Commission Member is Supposed to Remove Him or


Herself from Consideration of a Matter

There is a formal procedure that a board or commission member should use when that
member feels that he or she has a conflict of interest or that there would be an appearance of
impropriety if he or she participated in a particular decision. § 2-7-10, B.R.C.

Under these circumstances, the board or commission member should either provide
written notice of the conflict or disclose the conflict of interest on the record of a public meeting
of the board or commission on which the person is a member. Then, the board or commission
member must:

(a) Refrain from voting upon or otherwise acting in an official capacity with regard to the
transaction giving rise to the conflict or appearance of impropriety;

(b) Physically absent himself or herself from the room in which the matter is being
considered; and

(c) Not discuss any matter related to such transaction with any other member of the
council, board, commission, task force, or similar body of which the person is a member.

Conclusion
As noted earlier, some of the issues discussed in this summary can get a bit complex in
specific situations. Therefore, new board and commission members are invited to set up an
appointment with representatives of the City Attorney’s Office to discuss these and related
matters in more depth.

Attachment: Chapter 2-7, Boulder Revised Code

10
Attachment F

PRAB 2018 Action Plan

The primary purpose is to enhance the ability of PRAB to provide leadership to the department, engage the community
and build a strong, healthy parks and recreation and parks level of service that meets the community’s goals.

Category PRAB Goal Action Items Notes


1) Building • Enhance PRAB Community • Attend on average two P&R community • Report out on parks and
Community Outreach and Accessibility activities per quarter recreation-related
and • Enhance and Reinforce • Promote P&R through social media of your outreach efforts at
Relationships Opportunities in P&R choice monthly meetings
• Attend site tours as scheduled in advanced of • Staff to share
PRAB discussions/decisions communication
• Support the department in an advisory methods (such as social
capacity on partnership initiatives media accounts and
• Consider increasing PRAB visibility and hashtags)
engagement by dovetailing with other
initiatives and social media efforts
2) Community • Providing Welcoming and • Continue annual information sessions on • Implement best
Engagement Accessible Community service reach and access (e.g. related to practices for
Involvement services for youth, underserved, etc.). communication
• Identify ways for PRAB to support engagement materials to reach a
and outreach efforts broad audience.
• Consider attending department events such as
volunteer days to promote volunteerism and
involvement in city boards and commissions.
• Consider becoming involved in related
volunteer boards such as the PLAY Foundation
after PRAB term expires

3) Organizational • Capacity Building of PRAB • Assign new PRAB members a PRAB mentor to • Appreciation of PRAB’s
Readiness Members help them understand board culture, working role related to Council
agreements, packet contents, agenda setting communication, joint
process, etc. board conversations,
• Onboard new PRAB members (department and citywide initiatives.
structure, CIP funding/process) in a slow and
methodical format
PRAB 2018 Action Plan

The primary purpose is to enhance the ability of PRAB to provide leadership to the department, engage the community
and build a strong, healthy parks and recreation and parks level of service that meets the community’s goals.

Category PRAB Goal Action Items Notes


• Communicate clear understanding of “charge”
of the PRAB and responsibilities of Board
membership
• Continue to recognize each PRAB member’s
role as representative of all community
interests
Attachment G

City of Boulder 
City Council 

Mayor Suzanne Jones  Mayor Pro Tem Aaron Brockett  

Council Members:  Cindy Carlisle, Jill Grano, Liza Morzel, Mirabai 
Kuk Nagle, Sam Weaver, Bob Yates, Mary Young 

October 12, 2018

Dear Boulder Board & Commission Members:

At the end of each year, the Boulder City Council asks members of the city's boards and
commissions to provide input regarding Council priorities. This information helps inform
Council’s work plan discussion at the January City Council retreat.

This year, we are in the middle of a Council term and are in the position of reviewing our current
2018-19 work plan rather than developing a new one. In order to maintain the momentum of our
current efforts, and to keep from overloading and overwhelming the community, we have
focused this year’s questions more narrowly. Attached is a list of Council’s 14 priorities for
2018 and 2019. We seek your input on whether there are other projects that you think our
community might see as higher priorities in 2019.

Please see the questions below. You need not limit your responses to the area of expertise of
your board/commission. Your entire board/commission may provide a single set of responses or,
if you prefer, each member can provide his or her own responses (if the latter, please submit all
of the member responses in a single packet). So that Council may have the benefit of your views
before its pre-retreat Study Session on January 8, please deliver your responses to your board
secretary no later than the close of business on Friday, December 21.

Thank you for your service to our community.

Sincerely,

Mary Young
Bob Yates
Council Retreat Committee

1. How well do you believe Council has done over the last two years in incorporating the priorities of
your board/commission?
2. Taking into account the current work plan and your board/commission feedback from last
year, what additional priorities do you think Council should focus on, over and above the 14
on the attached list?

1777 Broadway, Boulder CO 80302     |       bouldercolorado.gov         |      O: 303‐441‐3002 


Boulder City Council 2018-19 Priorities

Boulder Electric Utility  Broadband  Climate Commitment  Commercial Linkage Fees


Community Benefit  Housing Advisory Board  Large Lots  Manufactured Housing Strategy
North Central Boulder Subcommunity Plan & Alpine-Balsam Area Plan  Open Space Master Plan
Shared Equity Middle Income Program  Transportation Master Plan
Use Tables and Site Review Criteria Updates  Vision Zero  

1777 Broadway, Boulder CO 80302           |           bouldercolorado.gov          |          O: 303‐441‐3002 

You might also like