November 8, 2018 — City Council Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] [Music] good evening everyone we're going to call to order the Boulder City council meeting of November 8th 2018 Lynette will you call the role council member Brocket here Carlile present Gro Jones here morzel here Nagel here Weaver here Yates young pres we have a quorum excellent um just a couple of announcements before we get started and um mostly I want to bring to your attention that we have in our information packet a 5-year update uh to the historic preservation plan and you can um access that on the Boulder City Council website we also need to amend our agenda and we would like to add item one B

[1:00] which is a declaration of Colorado blueprint to end Hunger and we also want to add a correction of the motion item 5B discussion and input for the proposed 2019 state and federal legislative agenda and we're also adding a an issue under matters so moved second any discussion all those in favor amending the agenda it is unanimous okay okay and with that we want to start out uh this evening with a a special Proclamation addressing homelessness and hunger we can do this from our seat hello we're doing this from our seats

[2:01] i t I tested it too and I'll just note that um addressing hunger and homelessness is an issue that's a high priority for I think all of us in Boulder and especially on the top of our minds this time of year and so we wanted to highlight during this uh during this week and um there are way too many people that are going hungry even in Boulder so I will start with um the 2018 National hunger and homelessness Awareness Week the city of Boulder supports National hunger and homeless Awareness Week recognizing the importance of both increasing awareness of the broad reach of homelessness and hunger and demanding bold action from a broad Coalition of community and state Partners across government business the nonprofit sector and residents alike nearly 22,000 Colorado Children and Youth together

[3:00] with their families and thousands of seniors veterans and other residents don't have a safe stable place to call home one in six Colorado children go hungry and nearly 628 th000 coloradans are food and secure in partnership with the city of Boulder many organizations and initiatives such as the Colorado blueprint to end Hunger Homeless Solutions for Boulder County community community nonprofits faith organiz ations and others are committing are committed to building well-being by connecting residents to available Services implementing public policy initiatives and encouraging all coloradans to learn more speak up and lend a hand so that the city of Boulder can be a community where everyone has a safe place to call home and enough food to eat the city of Boulder has partnered in the new Homeless Solutions for Boulder County system to help 329 adults exit homeless service in one year and in the

[4:01] last 3 years the Colorado Department of local Affairs division of housing supported the creation or preservation of 7,745 affordable housing units in communities across Colorado and in state fiscal year 2018 dedicated $15.3 million in marijuana tax revenue to support to Supportive Housing interventions the city of Boulder helped 320 sorry 332 families stabilizing housing last year through support of the keep families housed pilot and Colorado has improved from 44th in the nation in school breakfast to 11th and over the last year more than 35 state agencies counties Health Care Systems nonprofit Community leaders and individuals with experience have launched the Colorado blueprint to end Hunger a 5-year plan to end Hunger in every Colorado Community the city council of the city of Boulder Colorado declares November 10th through 18th 2018 National h and homelessness awareness

[5:01] week we urge all citizens all residents to speak up in support of efforts to end homelessness and hunger and take actions such as volunteering donating needed items and S supporting efforts by public leaders to increase affordable housing opportunities and food security with the goal of making homelessness and hunger history within our community and within our state and within our lifetimes I'll also note that we encourage everybody to get involved if you're not already if you go to the city of Boulder website and you go to the human services department page you can find ways to get involved um in different efforts including I think we are doing a food drive and other efforts right now and um anyhow we just thank everyone for um the priority this this uh Community places on these issues and the engagement of our citizens okay and with that um we're going to move right into

[6:00] our [Applause] agenda we are going to start with open comment as most of you know um you are free to speak to us about any matter except for matters that we're going to have public hearings about later in the um meeting because you can sign up to speak at those public hearings over there those two topics are our Towing ordinance and our 2019 State and legislative agenda um anything else you're free to talk to us and about and if you would start with your name and address that would be great so we will start with k how and K well Kay and everybody else will have two minutes thank [Applause] you I'm K how and I live at 500 Pleasant Street in Boulder I'm here to invite you all to the Saturday November 17th opening of the boulder experience gallery on the second floor of the boulder Museum uh this is our Central Gallery it is our big exhibit it is

[7:01] engaging interactive and continually involving evolving beyond that on the first floor we've hosted with great pleasure the Open Studios exhibit the open space exhibit and coming up Living With Wolves a topic which all of you may know very well given your business we've already had 30 School groups since the beginning of the year and taken our programs to Casey and Whittier among others our programs range from the popular conversations to the uix at clinics to training on how to create material for Wikipedia a splendid distribution system for Bolder history people and events reaching out to the Arapaho people the people of this Valley as partners in the creation of the new Gallery is work that may be some of the most important we will ever do to say the truth about what happened here when people like many of us came and to deal with it to move toward facts reconciliation and a genuinely inclusive

[8:02] community for them to be with us in this work that is the best work I didn't know that is the beginning of the most important human Journey the museum needs to be one of the institutions moving us towards that moment of recognition we will certainly try and the new Gallery is a beginning thank you very much thank you K next up is Alan Owens and after Allan we have Kathleen ashor oh I'm Alan Owens uh homeless the camping laws in Boulder are no better than the September 4th 2018 case of Martin V the city of Boise Idaho where judge Owens of the ninth circuit federal court of appeal stated that it fell under a violation of the eth amendment of the Bill of Rights the Amendment states excessive

[9:01] bail should not be required nor excessive fines imposed nor cruel and unusual punishment inflicted this amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendant either as the price for obtaining pre-trial release or as punishment for a crime at conviction in a boulder court hearing of the municipal courts November 6th 2018 a homeless man was asked by the judge what he wishes to do on his camping case and the homeless man stated your honor I just want to sleep later that day there was another case where a 49y old lady new to the area homeless out there was asked the same question and she stated I did not know it was IL illegal for us to sleep at night we have War veterans out here you know that are not able to sleep at night every time we cover up the police come through and

[10:01] give us tickets for camping just for because we're trying to sleep at night because we had things to do during the day to try to house up judge Marsha bone said as a result just as a state may not criminalize the state of being homeless in public places the state may not criminalize conduct that is unavoidable consequence of being homeless namely sitting lying or sleeping on the streets on the premise I believe the boulder law concerning home homeless camping be either revised justly or eradicated so that the Boulder Police Department can stop violating the rights of the boulder homeless sub Community thank you sir thank you Kathleen and then Mike pitchy or PE my name is Kathleen howerin Ashworth I live at 2376 Keystone Court I'm here

[11:00] to ask you to speak out against Recreation at Rocky Flats in 1974 my husband and I built a house downwind of the Rocky Flats nuclear weapons plant we raised two children there and sold the house in 1996 which means that we lived there for 22 years we trusted that the Rocky Flats facility was being run properly and were not aware of the fires in 1957 and 1969 69 emitting tonium into the air nor of the contaminated soil sediment groundwater and surface water until the FBI raid on the facility on June 7th 1989 we are currently members of the Maryland cook at all versus Rockwell international corporation at all class action lawsuit which found that quote plutonium will continue to be present on the class properties indefinitely end of quote

[12:00] just a little background um from the agency for toxic substances and disease registry which the um Rocky Mountain poison Center sent me to um plutonium 239 is the isotope used to manufacture use uh nuclear weapons the half-life of plutonium 239 is 24,100 years the main Health effect from exposure to plutonium is cancer which may occur years after exposure the types of cancer you would most likely develop our cancers of the lung bones and liver given the health risks of plutonium I ask today that you take a stand to Halt Recreation at Rocky Flats I am proud of the seven school districts who have made commitments to not allow field trips to the Rocky Flats National Wildlife Refuge I guess I need to stop yes you are welcome to email us the rest of your

[13:00] comments if you'd like okay you can just send them to council at bouldercolorado.gov and they will go to all of us is this Mike sir would you like your liquor hi my name is Mike pase I'm a board member at the boulder Museum of Contemporary Art um I live at 45 morning Side Drive in wheat Rich Colorado on behalf of boka I'd like to thank the city for its recent support of a new initiative launched by boka in partnership with AA Colorado it's always tricky uh the goals of this part partnership are to explore the powerful inter section between art and

[14:00] architecture to raise public awareness about ongoing projects and opportunities for high quality architecture design and planning and finally to consider urbanism neighborhood identity diversity equality sustainability and affordability this October we held a lecture at the libraries Canyon theater this event was free and open to the public with the goal of raising awareness about opportunities for good design and architecture focusing especially on public space and affordable living Christopher hofor the chief design off officer for the city of Los Angeles and former architectural critic for the LA Times presented as a keynote speaker this was followed by presentations from Shannon Cox Baker vice president of development at Urban Ventures Scott Holton principal at element properties and former commissioner of the boulder Housing Authority Jim Robertson director of planning housing and sustainability for the city of Boulder Richard Epstein principal of re architecture and former

[15:00] president of AA Colorado North section and we concluded the event with a panel discussion with all three of these speakers the following day we had a breakfast uh this uh breakfast was followed by a more in-depth uh work session the next morning which provided a platform for leaders from local government nonprofits and businesses to voice their thoughts and opinions the aim was to see architecture and design as a tool to help understand our communities populations shifting our perception of design away from merely Aesthetics to one that recognizes generates social impact thank you thank you Paul uh thank you mayor Jones and the Boulder City Council for the opportunity to speak my name is Paul alter I live at 38 55 Birchwood Drive in Boulder and we

[16:01] are and with me are Joselyn dials and Deborah bernardoni we are all court appointed special Advocates Casa is volunteering with voices for children we all live in Boulder we're here to talk briefly about child neglect and abuse and Boulder and what voices for children and Casas do to help Joselyn emailed you some additional information including that it's National adoption month so far in 2018 there have been over 3,000 substantiated reports of child abuse in Boulder County there are currently 607 Boulder County Children in active abuse court cases and over 300 children in outof home Foster placement as a result of abuse the average cost to Boulder County per child is $ 6,264 or per year or just over 3.2 million per year children in foster care are less likely to graduate from high school and more likely to become homeless or incarcerated as an adult and there are currently over 200 50 children being supported by 238 Casas here in

[17:03] Boulder County as a casa I'm a volunteer representative of the Boulder County court I work with children who are in the court system because of NE neglect and abuse and ensure the court hears their voices we spend time with the children we build relationships we get to know their challenges and triumphs and the difficulties are family and from their family and their needs we are there when one of our children is competing in a spelling be and neither of the parents will attend when the CH parent needs help getting our child assessed and treated for ADHD when one of our child reports abuse and we need to call the child abuse neglect hotline and we're there when one of our children comes Runing up to us after school and gives us a big hug just because we are there these are all things that have happened with our children over the past year we're here to answer questions and to let you know that we will be back at Future bould count C Min just made it very impressive and you also emailed us

[18:00] yes yes okay great hey oh we have a question well it's not really a question so much as a comment I think your work is really important acting as an advocate for the child's particularly in these Court situations and I just wanted to express that thanks through the training and I think it's just awesome that you're doing it thank you very much yeah thank you Sammy Lawrence greetings everybody Sammy Lawrence 1926 Canyon Boulevard Apartment number 10 thank you for taking the time to hear me today I'm actually here to speak on the account of court I Samy Leon Lawrence IV contests that under medical necessity I need my full reasonable accommodations to all cour houses fulfilled I especially call for my medicine medical marijuana to be stored on site due to the stresses

[19:01] of court that have given me a seizure I also contest that the lack of this reasonable accommodation infringes on My First Amendment rights to represent myself fully in court puts the public at risk puts the state at risk puts my health at risk and as well is discriminatory against my persons for the medicine I utilize to stop my seizure slal my disabilities Colorado has already started the process ease of writing laws that amend or provide reasonable accommodations to youth who utilize marijuana Jack's law for children utilizing Med medicinal uses at school is a key component that I cite for my my reasoning I have had a medical marijuana card since the age of 16 from Colorado for PTSD and ADHD I would have been covered and Age and and had would have aged out of jacks law and now face the issues of being vilified by my state I am I am left with the choice to either commit and contempt of court with my medical marijuana on person cont commit contempt of court with not going leave my medicine at home and risk a seizure that has already happened in court leave

[20:00] it with someone and get both of us a misdemeanor leave it tucked into the public somewhere and possibly get myself a misdemeanor what I ask for has been done before and is reasonable provide to severely disabled patients that use medical marijuana of all ages I fight for this not only for myself but for every disabled man woman child and other in Colorado that utilizes medical marijuana to live a semi-normal life we will not be your Boogeyman anymore I urge Justice coats the Supreme Court Boulder in the state of Colorado to make accommodations for all civility persons that utilize Med medical marijuana Court RS either by storing up front or allowing a monitored storage container cubby outside for premises in according to Colorado MMJ law thank you for taking the time there are any questions I don't think so at this time thank you thank you very much Patrick Murphy my name is Patrick Murphy I live in Boulder the mun is

[21:01] superstition Superstition is not based on fact it's based on confirmation bias great lies presented by The Honorable get believed and become Superstition the difference between lies and truth is sometimes easy to Define truth is full truth lies are half truths and full lies the city of Boulder is either lying or telling half truths about the true cost of the mun and many of you are propagating that Superstition I sent you an email and asked how much has the city of Boulders spent on the mun the answer from Steve katak the leader of the mun effort was $14.9 Million that was either a mistake or a false answer the city's latest report shows that the mun effort has cost the city closer to $20 million and that over $4 million is somehow not

[22:01] included in the total cost of the mun that is deceit in addition the mun effort has specifically resulted in about $10 million worth of undergrounding to be lost thus the true cost of the mun is closer to $30 million not 15 that lost undergrounding reduces the reliability resilience and safety of the Boulder Electric Supply that's just one example of the mun failure to be transparent and demonstrates a loss of Integrity the citizens of Boulder cannot collectively make good decisions when we are being propagandized with Hal truths or full lies the cash flow analysis provided online is one more example of Deceit the absence of any stranded cost or going concern cost prove that it's time for correct and full

[23:00] truth thank you Patrick James and then Chris Hoffman James Duncan Boulder good evening Council thanks for your service and thanks for the efforts uh and the priorities of of the homelessness and hunger and it's so good to hear um I hope that it's more than just a Band-Aid addressing the the gross inequalities uh the difference is the root gross inequalities uh gross inequality is the difference in in the root of the problem um and I'd like to know what you might do to address that um and from a quote that I sent you in a u uh a link this morning the most effective public intervention in reducing mortality in the US would be to reduce the social inequalities among our people and what I really came up to for is to continue my recount of the story

[24:00] from a woman who is in the uh uh spent a night at the boulder shelter she says I have come to Bear great animosity for the bulk of the employees there I've been woken in the middle of the night to find the in the individual at the desk sound asleep I've seen an elderly lady with a walker who wanted to know when she can enter the building to escape the sweltering heat get laughed at I've been told by one staff member who could not extort gratitude from me a shirt that I'd been wearing in the bu building for 6 months was inappropriate and I was to change the model of services has always struck me as a blend of Correctional institutional tactics and mental health facility philosophy when I'm neither patient nor inmate I'm nonetheless institutionalized by night and required to make all traces of myself disappear every morning so Society doesn't have to admit I EX exist right that was from uh

[25:01] it continues on but 2 minutes is not a lot of time to finish so next time thanks folks thank you James Chris and then after Chris we have Sarah gentle Chris Hoffman 1280 Fairfield Drive and Moulder first I'd like to thank you all Council for your work on behalf of the community I know you have a heavy workload and deal with a lot of complex issues and I particularly appreciate your efforts in dealing with the climate crisis the recent ipcc report tells us that we need to cut our carbon emissions in half in the next 10 years in order to achieve even the least bad of the worst case scenarios so related to this I appreciate your ongoing work of the energy future team on community power I participated in the beyond the switch Outreach event at the West Boulder

[26:00] Senior Center last month and found it both clarifying and community building and I'm looking forward to low Carbon Community power next Monday I will be in Washington DC with other members of citizens climate Lobby working towards National carbon fee and dividend legislation one of my meetings is a face-to-face meeting with Senator Bennett thank you Council for endorsing carbon fee and dividend it definitely helps our work on the climate crisis at the national level thank you thank you Chris um Sarah and um after Sarah if Frip can be ready to go hi good evening and thank you all for having me um basically wanted to speak about community relations and remembering when I was growing up in Philadelphia as a young child uh the

[27:00] security of walking down the street and saying hello to an officer standing there and that was a a a stable situation in which you know someone walked the beat and you they got to know you you got to know them and I knew that my family and I were protected from the bad guys um unfortunately somehow or another moving to Colorado 10 years 11 years ago I became the bad guy at the age of God knows what I'm 53 now um I'm not a bad guy I'm a single mom I do the best I can do I work hard I start businesses I do ministry however the police in Boulder have a issue with authority that they presume I've been assaulted physically um just bringing my husband home from work wound up uh getting staked out and having rifles drawn on us and as we're sitting in our car talking about our grandchildren and our future and buying a house

[28:00] um I just do not feel safe with them I don't know if it's because they don't like themselves that they don't like everybody else I in Philadelphia before I left it could be a thousand people walking past an officer standing there and I'd be the one to say Hi how are you doing that's gone and I do appreciate you all there there has to be some type of community relation going on everybody's not a bad guy just because they can't pull a lawyer out their butt I thank you all for having me peace to you thank you very much for sharing that um ma'am Miss Miss we have a question for you yeah gin um have you filed any kind of complaint or lodged any kind of I I did notice about this I did in 2015 and then the in here in

[29:00] 2018 um I'm afraid to file anything I did contact uh higher authorities I don't know what they're going to do I am in touch with press and other things something has to be done I'm scared for me other people are scared for their kids and I don't want my daughter being assaulted of course no can can I say something um I Believe Miss gentle is the individual who wrote Council an email at our last council meeting indicating that she had concerns the police department has done a thorough investigation of the complaints that she has raised and in fact these particular incidents uh were reviewed by a Professional Standards review board and found not to be um believable be the case no it would not of course um so we've we've looked into this this before and we believe from the

[30:01] point of view of the investigation of the underlying incidents as well as the complaints about the police officers that this is not an issue we can provide further information to council if you would like us to do so okay abely um thank you for coming um Frip and then Lily Franklin hi my name is R PR I live at 1920 19th Street and I'm a CU law student I'm also here to talk about the boulder camping band which I think is particularly relevant on nights like tonight where the low is 24 degrees um my issue with this ban is that it's a categorical ban it doesn't take into account whether or not there are options for the homeless Community such as shelter space to go to and um for this reason the ninth circuit recently said that they believe that the

[31:00] that laws such as these are unconstitutional and constitute cruel and unusual punishment which is prohibited by the eth amendment um although this precedent doesn't control in Colorado because this is the 10th circuit I think that it is very relevant and should be a part of a renewed conversation about this issue um this is a very real issue there the homeless community in Boulder exceeds the amount of space available at local shelters and particularly in Boulder it's enforced disproportionately and um there have been more citations in between 2010 and 2014 than the rest of the cities in the state combined um this cost $950,000 of taxpayer money to implement and I don't think that's a good way to use Community Resources when we could be investing in um the causes of homelessness more directly um I think that this could be implemented more efficiently and more

[32:00] equitably than it currently is um and a solution that would do that would need to account for other options such as shelter space thank you thank you Lily and then Mike Hunt hi I'm Lily Franklin from 3462 Creek Square um thanks for giving me this opportunity to speak and I'm also here to talk about the recent ipcc report on the implications of global warming to 1.5° Centigrade the ipcc says if we wish to remain below this critical threshold we have to cut emiss carbon emissions in half by 2030 and get to Net Zero by 2050 this means we have 12 years not to start working on this but to actually succeed so I I think it's urgent that we move really more quickly beginning right away um climate change impact the ipcc founder far more advanced and far more

[33:00] serious than we predicted and already we have to accept the death of 90% of the world's coral reefs even if we stay below 1.5 degre Centigrade they're gone so that is a sobering fact um the IPC says we have to abandon coal entirely by 2060 but Mo most importantly staying below 1.5 will require drastic Cuts in carbon emissions from electricity Generation Um and I just wanted to say that um countless studies tell us that distributed energy is the way to go Excel is not moving us forward quickly enough and I'm getting tired and angry of naysayers and business interest trying to sabotage our efforts to do something about this um I think Boulder really urgently needs to get control of its own Energy System and that's the only way we'll cut these emissions in half by 2030 if we succeed we'll be a Beacon of Hope for everyone so thank you thank you

[34:00] Lily um Mike and then if Mina can be ready to [Music] go thank you very much ladies and gentlemen um I'm hearing concern how certain people are being singled out by the Boulder Police Department few months ago I seen a man on the side of the road young man had long hair had eight place around him okay well I went on about my business drove Denver drove back notice he was still our so I parked my car and it was I'm sure it was at least an hour and a half hour and 45 minutes at minimum and I act like I was recording with my cell phone you know walking up toward them they seen that they just you know just Mount L went on

[35:01] about their way then I asked the young man I'm like what the what was the issue he say oh I don't know there's just you know you know just talking to me wondering who I was or whatnot and so like wow almost 2 hours right any police officers doing that there's a there's a lady in and a gentleman was uh going down the road and uh there keeping up with traffic during rush hour on 36 and uh they got pulled over and they asked why' you pull us over because he speeding well there's impossible to speed because it's bumper to bumper traffic that's going as fast everybody else and uh so I got pulled over and held there for better than an hour on the side of the road and after I guess they're satisfied that they let them go next day they showed

[36:02] up when they got it home they had uh they pulled in talking for a few minutes all of a sudden few guys got out front there look like semi-automatic weapons and had dot lasers on their head and their chest and uh thank you sir it's a beautiful day isn't it I'm proud makes you proud to be an American doesn't it um Mina and then after Mina we have Steven Keenan I'm Mina G founder and director of art of Duo Boulders International chamber music competition in 2016 and 2018 we received generous support from Boulder convention and visitors bureau this support helped us present the events at Dairy art center and to feature musicians from 21

[37:00] countries the bcmc art of Duo is a special and unique competition in the world of classical music known for a progressive approach that includes commissioning new work of living composers in the month since our events the performance videos have received over 100,000 views worldwide and thousands of artists are referring to Boulder as a leader in supporting the careers of dynamic young con concert artists I came today to thank you for supporting the work of professional musicians tomorrow's luminaries and mentors thank you for helping to make sure these series events continue to help shape our cultural landscape we look forward to October 2020 and the next Art of Doing Boulder thank you thank you and mean if I could just say I've heard amazing things about the competition so really appreciate what you're doing thank you cultural here and to help raise our artistic profile worldwide thank you so much thank

[38:03] you stepen and then after Stephen we have Chris good evening Council well we've got a boulder right in the governor's office so congratulations to Jared and his partner Marlon I think they're going to be great people in the governor's office um you know I was talking with the teenagers uh about a month ago after you'd had a discussion about uh some of the uh drug issues going on in town and uh the teenagers brought up the fact that right now Boulder has the oldest skate park in Colorado now I haven't checked and verified this so I'm not 100% sure if this is true but if we have the oldest skate park in Colorado right now it might be time to um think about sprucing it up a little bit and they they said that they uh would really like to see that happen I uh was in New York City

[39:02] and helped a Dutch film company recently uh finish up a series of documentary films on our wonderful president Donald Trump who I'll be working very hard to make sure he gets reelected um I think you know I'm teasing about that but um the Dutch film company is well worth watching their documentaries about our dear president the film is the film company zembla zembla and the reason why I bring this up is that I feel that uh you know we are probably going to be walking into days of a constitutional crisis setting with uh with our dear president and the more people are aware of what This president's done in the past the better we're going to have a chance of keeping our democracy intact so if you Google zembla zembla and Trump you will find that there's a series of documentaries about our dear president the first one is the

[40:02] dubious friends of Donald Trump and it goes deep into the years 2007 and 2008 and I recommend that everyone watches that thank you thank you Stephen Chris and then last up will be Kurt nordbeck Chris excuse me Chris OLED Longmont good evening Council I'm here to speak on Rocky Flats and I just wanted to uh briefly um address that one of the previous uh speakers I was surprised by the city manager's response I think that when someone has the courage to to bring an issue to the council about uh personal experience with discrimination from the police that that deserves a more respectful response and shouldn't be dismissed in that way so I just wanted to to say that it's something I observed

[41:02] here tonight and regarding Rocky Flats I'm here to request that the council support a sign on letter that is to Halt Recreation at Rocky Flats this is uh this is a sign on letter to address the fact that us fish and wildlife service opened the plant to Recreation uh this this plant was um uh a factory that made 70,000 plutonium pits for the nuclear weapons Arsenal the US conducted over 1,000 nuclear bomb tests in uh up until 1998 I believe these tests were done on animals they were there were nuclear tests done in space there were tests done on the Marshall Islands that had major health

[42:01] impacts on the indigenous population of those islands and that violence is rooted at Rocky Flats and it's no way to reconcile that Violence by opening that land which is still contaminated to children and families and so we're asking that the local governments please speak out on this issue and help to guide better National policy around this issue cuz there many other sites in the nuclear weapons complex that are experiencing Health impacts thank you for your time I'll pass around to paper version and I'll send a followup by email great thank you Chris Kurt hello Kurt nardack 777 Delwood Avenue I want to just uh quickly give thanks to the city for the neighborhood speed mitigation program uh I live uh on Delwood across from North Boulder Park as I said and um also across from the the um

[43:01] playground there and so for our blocks uh along there the safety of the kids has been a big concern so we applied for the nsmp program and we were awarded a speed hump which was installed a couple of months ago and anecdotally I don't have data but anecdotally it's made a big difference in term in this the the speeding uh along there so I just want to thank the city for doing this program and I hope you will continue to support it thanks thank you Kurt so with that we're going to close open comment um I I want to thank everybody for coming to share had quite the diversity of issues tonight um staff do you have any response uh no further comments I do not either yeah um council members Cindy I have a question about Samy uh Lawrence is he is this city court that he's is it mun court or is it County court or is so I'm sorry I

[44:02] was just going to say Tom's going to answer so it is the county courthouse uh We've inquired I when he showed up last I contacted Sheriff P to ask about it because it's the sheriff's deputies who man the desk um he responded that the chief judge controls makes the rules for entry uh and that the chief judge has banned all marijuana um that that they've asked Mr Lawrence at the time whether he had a medical marijuana card he did his marijuana was not in a medical container however it's against their rules for them to keep it uh they wave their rules on that at that incident to to to keep it for him while he was in the courthouse it is an issue of concern but I'm not sure there's anything we could do it I've also spoken with the municipal court judge who also has no say over the entry and exit from the courthouse so he needs to have a medical container if he wants to carry it within the courthouse I don't think so I don't I think the judge's order is that no marijuana can come into whatsoever is he and but the judge the

[45:01] chief judge is aware of this issue I believe so yes I I know the sheriff is maybe we should make it known to the to the judge that at least one of our citizens is having issues with this I'd be happy to do that yeah I am going to jump in at this point too because we've also been working with a court administrator James Cho and he is fully aware of it and so I'm pretty sure that Linda cook the judge is also aware of it and we're trying to work with the county to determine if there's an accommodation that could be made in the circumstance I don't have an update right now about that but we are working on it thank you and if sami's still here I hope he heard that because he's been coming regularly thank you Sam and then nearby I just have a quick comment to the folks who are concerned about climate change um we have a new state government and one of the things that I would say is many of the policies that have gone in place here could be impact affected in

[46:01] other cities and other parts of the state so I'm going to be working with the incoming government on climate policy um and I would suggest that that's a great place to amplify the message because right now the federal system is pretty choked up and so we've got the cities and the states so that was just a comment and indeed we'll be talking about our legislative agenda later tonight mirabi I was just curious for for the gentleman who is talking about the police on 36 that State's jurisdiction correct not local it it depends what part of 36 he would be talking about um because part of 36 would technically be in the city I have already written to the chief of police and asked him to listen to the presentation made this evening to see if there's anything that we can follow up on we I didn't hear any details so I'm not sure that we can find out exactly what the situations were but we're going to look into it to the extent we can I

[47:00] was just curious if it was even our within our jurisdiction so right thanks okay well oh Lisa I'd just make a couple comments about Rocky Flats um um the um rocky flat Stewardship Council is looking at having a special meeting um about the proposed um sighting of Wells oil and gas Wells over a 16 mile area square mile area and um so we're having a special meeting on that and I will attend and report back to the community on that and then for people who are um interested in um the opening up of The Refuge that was a fish and wildlife decision after getting a um okay from the EPA and and Colorado Department of Public Health and

[48:01] education or environment and um Rocky Flats um the fish and wildlife service is conducting um soil sampling on the site um we will have a meeting at the Rocky Flats um Stewardship Council meeting the first Monday in April that's a open meeting and we will talk about the results of those um um studies as well as the results of the studies from the flap Grant which pertains to land that is outside of the federal jurisdiction and is right now on city of Boulder or county of Boulder open space so I'll I'll bring those issues back in April okay then um thanks again to everybody who brought forward issues for us to think about and work on appreciate that with that we will move forward with our agenda uh your consent agenda

[49:01] contains items a through M um okay so we have a mix of things um I'll just note that I'm going to recuse myself from item F which affects my day job other comments concerns Lisa um today I sent out two emails concerning um just some Minor Details of the um Adu ordinance that is on its item it's now not 3K it's where did it go 3 I I I thank you 3 I and um I don't know if I can pull that off and put those put some new amendments in there and it passed by emergency or how I should proceed on this so so on your um pink piece of paper there's an amendment to

[50:00] 3i uh that addresses a concern that Lisa raised regarding uh houses with extra thick walls um we hadn't I think done a good enough job of drafting C what council's intent was you can see the language added allows for one measurement that disregards the width of the wall it measure 6 in out um so I I'm not sure that we can pass this on emergency if you want to amend it my recommendation would to go ahead and amend it and we'll bring it back for sixth reading it still will be one less reading than the than the tree ordinance so it wouldn't set a record I like records um so um the other thing I that you and I had spoken to um was there was there's a clause in sorry I have to find it there's a clause in the ordinance that addresses architectural design and materials yes and I would just ask ask that Council agree to striking and

[51:00] materials uh from um the ordinance so that what what the that provision is trying to get at is that the um detached um dwelling unit that is constructed at a single family house that it somewhat comports with the architectural design of the main house my only difference in that is that um many of our houses our standard frame bu frame um constructed houses and um don't necessarily use um sustainable materials or um are energy efficient and so I want people to be able to have the option of being able to um construct their um detached dwelling unit out of um materials other than were uh constructed uh were used in construction

[52:01] of the primary house it's a energy efficient measure so the language that lease is referring to is on package page 122 line 11 the language reads architectural design and material shall be consistent with the existing residents on the site or the adjacent buildings along the sidey yards of the lot and leases proposed amendment would be to strike the words and materials so it would read architectural design shall be considered consistent with the existing residents on the site Aon so I'm certainly fine with both of those changes Lisa I just want to ask Tom this won't uh change the date that we start taking applications correct because that's into next year it shouldn't no shouldn't no okay thank you no it will not eron thank you right that's what I wanted to hear and and then well wait a minute is that it for 80 years it I had one more thing 80 years okay and um help me out here Tom

[53:01] um um just a minute I'll get to it um we look Le was it uh page 121 our pages are still messed up aren't oh sorry comporting with each other okay do you remember um the issue the issue was size it was materials it it was occupancy and and my my view is that it's not so the issue was that there's a reference in the in the provision I haven't been able to find it but it it refers back to 9963a 963a now has been changed with the occupancy limit so all it's saying is we use that occupancy limit I think that that's okay and we don't need a further change for that right and I I remembered my other thing my other issue and um so if if um somebody wants to use U

[54:02] materials that would um result in a thick wall as the ordinance is written right now um the applicant the homeowner would need to go to um Boza um which would add an additional $550 um in fees and would um also delay construction of this their Pro project as many as 6 weeks and so my intention and I thought we had done that in the second reading but that's my my um I'll I'll take the blame on that um that um people can go right directly through with these thicker walls without having to go to Boza and that it's just approved on their building permit Sam he said it looks to me like the change that's made here would mean that um they wouldn't need to go to Boza okay that's that's fine that's my reading as

[55:00] well s okay that's excellent so then you're you're proposing just the two changes right the two changes the no Boza path is in there yeah is that okay you speaking to the Adu thing yes okay speaking to the Adu thing specifically to the short-term rental thing and I cannot find it in here where it says that um we had a bit of this discussion last time but I'm not going to support this ordinance because I think it limits the flexibility of people well I'm in favor of the adus generally speaking I think it limits the ability of people it's too prescriptive and too restrictive and Tom perhaps you can find that under where it says that if you have an existing short-term rental license and you apply for an Adu license then you have to give up so that you cannot have one whatsoever on the property So and I've been looking yeah we did discuss this we did discuss it last time

[56:01] and I thought we grandfathered or at least at one point we had grandfathered the existing how did we land on it not it was because and this is not to the staff said that it would be too difficult to monitor it so they were against that flexibility so I'm um given that again as I said at the time it was I thought it was too prescriptive and so I'm not comfortable supporting this okay just gives up to flexibility and tell maybe if you can find that that particular language but cindia my understanding was that people who currently have short-term rental licenses on an Adu would be allowed to continue with them but that if you have a short-term rental license now but do not have a licensed Adu but then added an Adu in the future you would not be allowed to apply that short-term rental license to that new Adu I think you you had to give them up on both units that was my understanding you

[57:00] couldn't have one on either unit so I believe the language is on page 133 line 11 um correct me if I'm wrong Cindy starts there is it s seven yeah subsection 7 there what line uh line 11 on page 133 oh for any violation no no that's I think Lisa your packet's not the same right here and mine is I don't know which one it is either oh good lord okay but what's the question we're looking it up to remind ourselves what are we doing no I was just saying that I'm I was just pulling that out specifically but I couldn't find I still can't I on my page 133 line 11 it says licensing limitations and requests yeah that's the I think that's the c yeah I think that's the language that you're referring to isn't it all three of them yeah well so the a is the

[58:02] grandfathering clause and the the B and C of the subsequent licensing CL okay and so basically what it says you can't get a new short-term Li rental license for adus um so I mean uh but we've talked about if we're going to make amendments then we're not going to pass it tonight and maybe we'll have time to sort out what the the on the ground reality is so you'll know by the time it comes back and Cindy I'd be happy to sit down and see if we could find something that makes more acceptable for you and we can work with our licensing staff to see if we can do that so but I think it might just also be a disagreement oh Jay's here hi there this was Jay was Jay suit last time division of housing so just as a quick reminder so we did pose this as a policy question yes at a previous reading um and the outcomes I remember councelor young was

[59:00] very eloquent she's like well if someone chooses to have an Adu they have to make a choice would they rather have the Adu or the short-term rental license so hopefully that rings a bell yeah I mean we we've talked about this a lot we we want if people are building adus we want them to be rented for long term we've made that pretty clear so okay so in the interest of time we have I hear what you're saying um we have two proposed amendments so uh I would like us to move forward with that do we need to pull it off the consent in that case no you can amend it on the consent just don't we just won't pass it as a final ordinance okay okay and for God's sakes if anybody has any more changes on adus get them in next week we can't keep going on with these additions additions sorry okay and and I want to thank J Signet and Tom Carr for their help in revising yes and Hela panig thank you and Hela she's great

[60:01] thank you okay anything about anything else on consent yes yep well I need to um I just wanted to make a slight editorial correction on page 15 where it says it's a consideration of a mo motion to approve the October 2nd regular meeting minutes and it should be I believe the October 16th um because that page appears twice in this particular packet and I need to if we're ready to vote on it I need to recuse myself from a or a couple of the uh approving a couple of the regular meeting minutes because I was absent okay we need a motion so move second okay we ready to vote okay you can recuse yourself as you

[61:00] vote and I thought we decided last time as a matter of procedure that you don't need to recuse yourself just because you were absent um that was a we talked about it and uh I believe Tom wait in on that did I miss that yeah that might have been the meeting just maybe save you the trouble was the meeting I I missed so yeah all right thank you for that Sam so it doesn't require a roll call vote but I can do one if you'd like I just need to recuse myself from item F and um council member Carlile do I have you as naon 3i you do okay okay anything else so we can do a show of hands show of hands on except for those two things um Mary's in okay so that's unanimous okay your first public hearing tonight is a motion to adopt ordinance 829 five regarding Towing and

[62:05] impoundment um as we um tee up this issue I want to note that we have a special guest with us this evening we have pu commissioner Francis consilia um we're honored to have you here um people may not know that the Pu has jurisdiction over towing or our toing towing policy in our state um and uh we appreciate you being here uh we invite you to come and say a few words if you would like I want to thank you all for encouraging me to come because we are helically sealed at the Public Utilities Commission at 16th and Broadway the three of us sit there we can't talk to each other uh when you appear in front of us we can talk to you and then when we leave we can't talk to anybody about what we've done so it is a relief for me to get invited outside of my hermetically sealed life um to talk to

[63:00] real people and yes we have authority of over all sorts of things other than U uh Electric and Gas Utilities we have rail crossings we have Towing we have household good good movings we have taxis we have limited regulation carriers so it's a full range of things and the uh transportation area is something that I've been very interested in I've just finished issuing a 95 page order and 67 pages of modified new rules which will hopefully go into effect if nobody challenges them and towing is something that I've been very interested in I know that property owners have a a right and we need to make sure they have the ability to protect their property rights because people want to park for free uh on the other hand I'm very concerned about vulnerable communities um and I want to make sure that we give them a voice and so I'm here to listen I'm anxious that to see what you want to do and if you think that we're not doing

[64:00] things we should or if you want to do it all on your own you should let me know so thank you very much thank you with that I'll turn it over to Tom so I will be presenting on this this evening um the towing ordinance so I wanted to give you a little bit of background um we the council started receiving some complaints from some uh Towing that was going on up uh at San wand Del Centro uh and I want to give Mary young a lot of credit for for stepping in and helping the the the the community and one of the things we discovered as we often do is that most of the things that were going on were legal and they still imposed a significant uh burden on the community members who were affected by them and so um Council decided to explore ways in which we could provide a little bit more protection for our community members and I just want to talk a little bit about how the disproportionate impact of Towing affects folk folks Towing basically and I'll show you in a second if your car is towed you're going to be out $300 and for a lot of folks that's

[65:01] what they live on for a month and so losing $300 is a big deal um you can also lose your vehicle and um that can mean you don't have your job uh and I was talk later about some an email we got late last night from someone at Orchard Grove who talked about losing their job because they didn't have they lost their car and their car had their vacuum cleaner it and they used it to clean offices and so um the other thing that that sort of we've talked about and we've discovered and doing some other work with the city is that lower income people often don't have an alternative to driving if you're working in construction or gardening or uh cleaning you often have to go places where the buses don't go at times when the buses don't go uh I know in my office David gear and I both ride our bikes because we live not far from here and we can afford to do that almost no one else can because they the lower the people who don't make as much money as we do have to travel further so um in in lower inome communities parking can actually be a greater challenge than in higher

[66:00] income Al we've got higher density so fewer parking spaces so a lot of this conflict is is more is more it has greater impact on those who can bear at the least so um council at so one of the things that we know is that towing companies make money by towing cars so they have an I mean the point of this is that they have an economic incentive to tow more not that they do it wrongly or rightly but if nobody ever parked illegally towing companies would go out of business and so the the the they have an incentive to cars even without anything so one of the things that we're talking about here is how can we bring some counterveiling pressures to provide some protection to undermine the incentive to go ahead and tow cars so I want to summarize the ordinance that you all passed on first reading first so and I'll do this relatively quickly but I think it's important for folks to know what's in there before we start talking about changing it because there's bit lot of emails flying around uh or coming in about potential changes and concerns um

[67:01] one it requires uh signs to be in English in Spanish including the name telephone number of the authorized towing company it requires Property Owners to wait at least one hour before a vehicle is towed it prohibits Property Owners from receiving payments from towing companies it requires free release of a vehicle if the owner or custodian arrives before it is removed from private property it requires authorization for a tow it prohibits towing companies from requiring cash payment it waves a storage fee if a fa storage facility is not open during normal business hours or a representative does not respond within one hour outside of normal business hours um it limits the maximum charge for releasing a vehicle after hours it prohibits towing a vehicle more than 10 miles it requires a valid motor vehicle carrier permit and it requires a tow company to record the reason for the toe the location the time of the vehicle um the time the vehicle is told was identified being illegally parked and the make and model of the vehicle uh

[68:00] it also requires a photograph it requires telephone notice to the owner within 24 hours it requires notice to the police department and it requires that if a vehicle is sold the toe company must hold the TR in trust any funds that exceed the Towing and storage charges so I want to give you a little background on state law to S of see what you're changing and what you're not so this is going to take a couple of minutes but I thought it would be really helpful for you to see this so under the state law right now and the rules that I refer to are the Pu adopted rules on um on Towing the CRS citations are to the state state law um but they're they both function as state law because the state legislature has delegated authority to the Pu to regulate Towing so toe company must notify a local La enforcement with 30 minutes of taking possession of the vehicle um and it has to give provide the location of the storage yard where it's being taken they must they must notify the lean holder and the owner by certified mail no less than 2 days no nor no more than 10 days and that's straight from the state statute it's in

[69:00] two different places in the state statutes one dealing with toes on private property which is that citation and one deals with toes on on public property uh if they don't Pro provide the notice within 10 days they may they have to release the vehicle without any fees they must accept immediate payment in cash or credit cards they must at least accept Visa and master cards um they must release the vehicle within within one hour outside of business hours and on demand during business hours um so want to talk a little bit about maximum fees the fees have four elements a base rate for the tow a mileage charge including any appical fuel surge charge a charge for vehicle storage and a charge for release from Storage the base rate's $180 and all of these numbers are for vehicles of 10,000 pounds maximum growth weight or less if if the vehicle's bigger the rates go up uh but I assume you're mostly concerned with cars and SUVs and pickup trucks and those are all under 10,000 pound maximum gross weight uh there's a mileage charge of $3.80 per mile plus a fuel sht charge

[70:02] right now the fuel sht charge is 30 cents per mile so the current mileage charge is $410 per mile the maximum mileage charge is for 12 miles although it's 16.5 miles if you're more than 10 miles from I25 uh the storage fee is $30 per day and the release fee is $66 so if you assume a 12m tow and release within 24 hours and that the storage charge is per 24 hours or any portion thereof so if you get there within an hour you still pay for 24 hours if you get there in 25 hours you pay for two days would be $325 120 so when I said that it starts at $300 that's if the you're at a relatively close yard and you um get it within 24 hours of course if the toe is less than 12 miles you you can subtract $410 per mile you're still going to be over $300 most likely so sale of abandoned vehicles this is where we might have issue with one of our Provisions um they have to notify the state of the vehicle is deemed if they view it as abandoned they

[71:01] must notify the owner that the vehicle is deemed abandoned uh that the company they have to tell the owner that the company is going to claim a lean on the vehicle for storage and towing charges um and that if the vehicle is not claimed within 30 days of the date of the postmark of the notice the vehicle is subject to sale um the vehicles must be appraised and sold in a commercially reasonable manner the sale must be to a licensed Motor Vehicle Dealer or wholesaler or through a classified newspaper uh advertisement there is a Prohibition on sales to people related to the towing company if the vehicle is appraised at more than $350 the proceeds of the sale go in this order to pay the cost of the sale to pay any charges for Towing and storage any law enforcement costs if there was a police department uh uh disabling or involvement in an and then the balance is paid to the state these are some kittens cuz that

[72:00] was a lot of stuff um so I I went through all the emails that you received and all the um the position papers and the people I spoke with and these are the community concerns I identified and I want to go through them individually and I have a slide on each one um can you just pause there and just explain to us we have state law the advantage to going for us to codify can you just explain why we would do this sure so uh commissioner consilia shared with me that there are 7.9 FTE for the whole state to enforce the state law if we have a local law our our Police Department or some other department could do it it brings a lot more ability to address these concerns here also we've structured this ordinance to address the concerns that we've heard from our community so it's more focused on what what we believe will help our community most and uh Suzanne I should mention at the end I have had things that I did not get into this ordinance that I think are really good ideas but I just haven't had a chance to draft them and so I'm going to

[73:01] recommend my recommendation to you is pass this or amend it and pass it and then let me bring back something else in about six months that addresses some of these additional things when I've had some time to do some additional work or assign it to somebody other than me which I'd be really fine with as well so Community concerns revised signage the 1H hour rule uh 10 M Towing limit notice provision sale proceed Trust provision Towing based on condition of the vehicle which is not including in the ordinance but I had I posted a proposed amendment on hotline so revised signage so the ordinance requires uh specific things on the sign and um that the signs be in English and Spanish under state law name and telephone number of the towing company are already required so that's not a change it won't require a new sign the only new requirement in our proposed ordinance and I've given you the packet page the there is that the signs be in both English and Spanish so yes aarin oh

[74:00] I didn't mean to interrupt but you raised your hand I would just when you finish your sentence but so I'll go ahead and ask my question so would there be anything in the way that it's phrased currently that would uh prevent you from uh adding on an additional sign with the Spanish language no okay cuz we've gotten complaints about cost but it's certainly cheaper if you can just put another sign below it versus replacing the original one and so one of the things that I've done is I sent out an amendment um in the packet um that would I'm I'm sorry I posted on hotline an amendment that would phase this in so basically say that any new sign had to be in Spanish and then I proposed that also have Spanish in it and then I proposed that that all all signs by January 1st 2020 had to have Spanish on it but that I I picked that date out of thin a you could do whatever you like so that would be another way to address the cost issue eron Lisa so I understand um uh Spanish is probably the second most um spoken language in in Boulder but we

[75:01] have U many other people who speak languages other than English or Spanish and um I don't think we can put a sign in every language of people that we have in our community but I'm wondering if we could not use something like an inner National type of sign that that warns people that Towing is is you know could happen and if their car has been towed this is what to call anyway I I just was wondering about that anybody who's traveled into Europe has seen this there they have signs with little pictures of toe trucks and a No Parking symbol right um we don't tend to use those in the United States because the United States has primarily been one language that's a problem but um sure you could you could certainly require those as well I think um I my purpose for this slide was to identify the cost issue which you've heard about no and that's perfect but um I just want to

[76:00] recognize that there are many other languages uh although not as pre prevalent as Spanish but um what we're trying to do is protect everybody okay so the second one you heard the most about was the one-hour rule um this was barart is the boulder Area Rental housing association's Prime concern you also heard from several of the major property owners and some smaller property owners in Boulder um so i i i in the packet I've included two potential amendments one would eliminate the 1hour rule and the second would create exceptions um exceptions for the 1hour rule if it was parked in a fire zone or adjacent to a fire hydrant it was parked as an it was it Park in a spot clearly marked as employee or customer parking um it was parked in a disabled parking spot or the was it was parked in a manner to prevent the operation of business or residents one of the things I heard was from some folks was that um you'll get a car

[77:00] that's parked in front of a dumpster and the the the trash company shows up and they then they can't empty the dumpster in a restaurant that can be disabling since they usually fill up their dumpsters so uh the the intent was to allow access to allow businesses and residents to function yes Mary one of the things that I heard in uh speaking with people and also reading emails was the idea of um separating out residential and Commercial and is that something that would be feasible and what might be the pros and cons to that so you could it's certainly feasible Mary that I think I've heard the same issues identified both for commercial and residential I know that if you're in a residence and we we sometimes allow for reduced parking for developments uh and so you'll have just enough parking spaces and the residents start complaining if people are using especially if they're for areas where um there's a lot of traffic and a lot of reason to park

[78:00] there um so commercial you you get a business that may have two spots allocated to them we saw that there really interesting email from the uh orthodontist today who said that she's frequently unable to serve her customers because they're right next to one of our marijuana businesses and her spots are filled um so she runs a relatively small business has six spots and um so for for small businesses it can be very difficult and really impair their ability to operate if they can't get people out of there from a practical standpoint um did I read somewhere that if someone's parked illegally it's going to take at least 15 minutes for somebody to get hitched up to a tow Trek so there's a functional delay that's what I've heard and then in the ordinance so so under state law that there's a there's a reduced fee if they release it right there our ordinance would eliminate that fee completely and say that you couldn't charge anything if and I heard from um

[79:01] the the the president of Boulder Valley Towing that they prefer that anyway because trying to get the fee out of folks when they're angry at them can be really difficult so they generally would release it anyway so it's almost like a de facto 15 minute could function in that way yeah okay uh any other clarifying questions so well no it's a comment so I I'll hold off okay why don't we I think because since we do have people we know want to testify we right I did I did have a couple questions additional questions uh no not on this one sorry keep going I have a few more um the 10 milei Towing limit so um the boulder Area Rental Housing Association expressed the concern that this would be a limitation to competition that there are only two companies U marvs tow Towing and Boulder Valley Towing that have lots within 10 miles of the center of downtown Boulder so that uh it would it would prevent competition from anyone else Lisa so as you pointed out so well at

[80:01] the beginning of um this discussion um many of the people who are affected um May might be lower income people who depend on their vehicle for work and if there if that vehicle has been tow how are they supposed to get 10 Mi 12 mil 25 MI how how does that happen I mean does the toe company come and pick them up I don't think so so how are they supposed to get there I mean there may be a real obstacle to people if they don't have another way to go pick up I I just okay clarifying questions so that we're just going to we we all have a lot to say about this but we want to make I'm just asking yeah because we want to make sure people in the audience can test so I included two draft uh potential amendments one on page 226 attachment e would eliminate the 10 Mile rule completely attachment F would change it

[81:00] to 25 miles I did a little search on a map and found two additional impound yards within the 25 miles so then you would have four rather than than two the towing company would still be limited to charging for 12 miles right but in your original cost estimate um the person whose vehicle has been towed and now they're without a vehicle would have to have incur an additional cost no the cost is capped at 12 miles by state I know but to get to that yes to get there it would cost them more so notice um the there's a concern about the potential conflict with state law um this was again raised by the boulder Area Rental Housing Association and I think by the chamber as well it requires notice no sooner than 48 hours after the tow I don't view this as a clear conflict this is a state requirement but we I think we have the ability to make it less so uh it's a question of whether you whether you want to require quicker notice to the property owner we also

[82:00] require in our proposed udience we require a telephone call if feasible um so uh as you see I quoted the language up there the operator cannot reasonably obtain the owner's telephone number the owner's telephone number is not in the DMV motor database so it's not readily available um but it might be available and so uh obviously it's better the the um state law does require that you notify the police and I know on the times when I've come back and my car was missing the first people I've called is the police um because in my cases in both times it was stolen so um they were able to tell me that so that it hadn't been towed so I think that is a natural response you do have that but I don't I don't see any legal reason why you cannot require 24 hours or the language that we've gotten there but why what what's the point of delaying until 48 hours I have no idea and that doesn't make sense the language is written in a very odd sense um and so so I there was an argument that that I think barard

[83:01] made that um they were prohibited from accessing the database and I it doesn't read like that at all the language just says that they have to do it they um and I I reviewed everything I could find on accessing the database they can only use it to notify them and so if they were required by our law to notify them my own view is that it would be legal for them to do it u i mean somebody could contradict me but I could find nothing that said that you can only do it 48 hours after uh so that that was the argument and I I think you'll hear that from the towing companies um this is a my view is this is a policy choice for you it is not something that's governed by law one way or the other um sale proceeds trust provision I think this does conflict with state law and I recommend that you remove it so the provision in the the first reading ordinance says that if there's any funds in excess of the amount that's owed for the tow and store storage then that money and the cost of the sale then that money should be held in trust for the owner well I think that's a good idea

[84:01] state law says that it has to go to the state question yes Cindy of course if it's an unclaimed vehicle yes how could it be held in trust for a non-n owner the thought was that perhaps they would show up so I could show up and say that that was mine well so there's Provisions in state law about who can claim the vehicle there are there are requirements for proof you have to have two of several things the keys the the uh title registration Insurance things like that well so I I recommend the council adopt attachment H which is a packet page 229 which would eliminate this trust provision this was added on first reading right okay and part of the issue is to make sure there's not a conflict of interest right yeah so we I generally advise you not to do things that are expressly conflicting with state law no no I got that part but where the money goes to if you can't require it to be

[85:00] held for the person making sure that it doesn't go to it doesn't go to the towing companies which is what we we we thought was happening it goes to the state okay so Suzanne um the idea was that if um the vehicle ended up um sold and the person was somehow later needed to it was found that they should be compensated um because of the circumstances then there would be something that could go oh IOD I was a great idea okay I just was trying to figure out what's the next best thing but it sounds like state law state law y so just another question then since I was not here for the first reading um or wherever it is um if it is held for this person who may or may not come what is it just held in perpetuity or is there a so no you mean the car or the money

[86:01] the money the money so so under our proposal it would have been held in perpetuity it would be held in perpetuity that was The Proposal yeah wouldn't you think that wouldn't it be reasonable that after this is a question a certain amount of time it would go to the state or it would I would guess um so that there would be some that wasn't the the the language that we added but since it's illegal we kind of can't do that well it's illegal you're a home R City you can just we could argue that it's a matter of local concern but I would prefer not to have to okay towing a vehicle based on condition F this was not included in the or in the ordinance although I U Mary and I had a conversation so I've drafted something and posted it on hotline uh one email objected the need to tow abandoned vehicles U the con so we have heard that um Toe Companies will Patrol residential areas and Tow someone if their plates are expired and um we got

[87:01] an email which I'll discuss later about someone and this is a tough one uh because the argument is if a be vehicle's abandoned you need to get rid of it I mean you need to be able to get rid of it um I and I'm sure everyone here has on occasion let their plates expired because you forgot to put them on your car even though you'd already paid for the registration I I mean my car is parked in a garage so it's never going to be towed we got we we got an email it was really sad email which I'll discuss from someone whose car was parked in their front driveway uh and their tabs were expired and it was towed now the tabs have been expired for eight years um so um that's a challenge and but the car wasn't abandoned it seemed I think it was someone who didn't have the ability to pay for their tabs so and they they were apparently driving the the truck with uh expired Ts for a long period of time and they they ended up losing the truck so it it's a difficult one I I agree that that that there are vehicles that are band that need to be be be disposed of um and so I'm not sure

[88:01] but I have drafted something that would um would prohibit Towing based on um the condition of the vehicle only for illegal parking well wait so just is condition of car uh illegal plates and condition of car are you equating those to yes CU I so so um sometimes people have a broken windshield and can't afford to fix well that's what I thought you meant by condition of cor I I mean both and so so um but this is this is a tough decision uh but it's a policy choice and Mary asked me to te it up and I have I'm not sure how I would go on it so Tom can I ask so um if there are vehicles in the public right of way that have been abandoned those are collected at some point right if there there's a process for that right yes you tag it for three days or whatever the rules are so what what are the criteria that that the city uses to identify something that's been abandoned so this this actually Aon there's criteria in state law for identifying an

[89:00] abandoned vehicle and so you could apply those um the the challenge here is that and so there and there are two separate sections of state code addressing abandoned vehicles on public property as opposed to private property so there are different criteria for the two I've focused here on private property because this is what we're regulating um police toes are are are a different area yeah um although subject to some of the same rules um I'm just trying to get at the criteria you could use for that I I'd have to look it up again I looked at it today okay thank you so but Tom what you're saying is that you could apply that criteria within the ordinance if that so so the language I drafted which is on your blue sheet was an operator may only tow a vehicle without consent of an owner if its owner or driver with with without the consent of its owner or driver if the vehicle is parked illegally no vehicle may be towed for any expired license or based solely on the condition of the vehicle unless the operator has evidence that the vehicle has been

[90:02] abandoned and evidence that it's been abandoned is a would automatically tear you to the state law and would that really be automatic or would we do we need to add language like as defined by you you could um I didn't draft language but I certainly could okay so there's some more cute pictures because there you listen to very well to some tough stuff um other concerns um these are things that I think we should consider following up on and these are hard uh which is why I wasn't able to do them in the in this ordinance prowling tow trucks so uh remember I said that the toe has to be authorized so state law expressly allows the property owner to delegate the tow truck company as their agent for authorization so to a tow truck so even though we require that you have to have the authorization for the property owner the

[91:01] tow truck company under State law can give themselves that authorization can give themselves that authorization so so when you say the the property owner has to designate them right so they can't really give themselves the authorization they have to have been delegated and then once they're delegated they can tow based on the criteria so so I would just amend that so once they're Des once they're designated they can then authorize themselves to tow so that's legal under state law so one of the concerns that that Mary has raised and that we've heard is that to chup companies will drive around in the middle of the night and Tow people for violations now if having lived in an apartment building where there wasn't enough parking and I'd show up after maybe a council 00 in the morning and there wasn't a space I really wanted those people towed but if your is park there and your Tabs are expired and you come up the next morning with your tabs in your hand and your car is gone you're

[92:00] now down $300 so this is another tough policy choice I'd like to do a little bit more investigating before I propose anything to you but it's challenging yes sorry so with regard to prowling tow trucks so once the property owner designates the toe company as the owner's agent and let's say comes on um a residential property that has mobile homes as its primary use um does that allow the towing company without the property owner's agreement or knowledge to just tow whatever they want to inside of that property anything that's illegal yes well that they're deeming illegal so they get to make that decision but if so in the example where we had a truck parked in the um resident uh driveway which would be considered on

[93:01] his property I guess that's the problem with mobile home parks um that that vehicle could just be taken out of that person's driveway is that correct yes okay I just want to get and so that's that's something I think you might want to consider absolutely but it's very complicated as you can tell and then we have we I I'm concerned because state law expressly allows it uh it would be hard for us to work around that so I I need to think about that so Mary I'm sorry you had a well I have a question about um under state law is it possible that um because as I understand it um tow truck drivers are paid by the toe and this was information that I received uh through my meeting with um umy Anthony Anthony Cummings from uh Dora um when you if if you couple that with

[94:03] and this is where my question is the possibility of being able to share in your profit um if you're taking only cash say um to share in the profits with the management the the property management is that um I mean is that possible does state law prohibit that that sharing could occur it does not so we that's why we've included that in our ordinance okay thank you okay so I'm I'm almost done here and I apologize for taking so long but this is really complex material uh booting um so Mary asked me to look into booting Avon uh does have the town of Avon does have a very good ordinance I think that's a model for us that I'd like to look at and work on and get some experience with how how they've enforced it so uh booting is something that we could that is disabling a vehicle in place and requiring a payment before you release it is what I refer to as booting um Mary also asked me to look into licensing of

[95:00] towing companies by Boulder um Denver licenses towing companies if they're not licensed by the Pu so most of the common carriers the ones that we're talking about would have to be licensed by the Pu but you could imagine somebody who owned a garage who had a tow truck and Denver licenses those folks Avon actually does license all towing companies or companies that boot so we could do that and use them as a model um but and the benefit is the benefit is being able to revoke their license and prohibit from doing business in Boulder if they didn't if they didn't comply with the law it's the best I'm sorry I should say that it's sort of the most effective sanction we have uh because usually you know we we we we have a $100 fine or $200 fine after we win a trial um it's a lot better to stop somebody from doing business so and certainly you know we've learned in the rental licensing area that we were getting nowhere with finding people because they're illegal rent rentals were making far more money than our fines could ever be but saying you can't rent at all that's a pretty significant penalty so I

[96:01] think it would be an effective thing and I'd be happy to do it i' just like to work with Jane and with our licensing department to see how we structure that it wouldn't be a lot since there aren't that many companies doing business in Boulder um but it would be an effective tool and oh sorry go ahead well just a quick question under the current the proposal or the ordinance as it's proposed tonight um the what would be the outcome of a towing company violating any of these so um I don't think we put in any administrative penalties so it would be the standard criminal penalty $1,000 or up to six months this is something you'd bring back to us yes okay so these are things we could look into you have a question yeah just that but under our uh ordinance that we're looking at passing people would to be licensed by the Pu yes correct right so it's not like so Denver is sort of doing additional licensing yes but people who are not

[97:00] licensed by the puc would not be allowed to tow in the city Boulder that's correct thank you just want to follow up with a clarification on that um but in Avon's case even if you have a pu license you have to pull an Avon license correct that's the way I read their code yes yeah so so it would be all towing companies those already licensed by the Pu and perhaps some that aren't but that sounds like I just want to make sure there would be no unlicensed companies operating Boulder in the meantime while we considered this okay well well I guess that BS a question all companies have to be licensed by pu correct all companies that are doing business doing non-consensual toes have to be licensed with the Pu okay all right so a couple more release of tools so as I I explained earlier there there was we got an email about people whose cards were towed I think two of them who went to claim them and were told they could only get their tools for their jobs if they paid the towing fee and I I I reached out to the towing company and they had

[98:00] no record of that so um I I I couldn't verify these facts so but I will tell you that state law only requires Toe Companies to release prescription medicines medical equipment child restraint systems credit cards cash identification and cell phones so that behavior would be consistent with state law that if there's something else in the car so if you have um something that's necessary for your business a laptop or a lawn mower whatever it might be you cannot get it out of the car uh until you pay the towing costs so we might want to uh provide for something like that and I'd like to work on that as an additional thing and then um Towing in mobile home parks as you all know the sort of split land use in mobile home parks makes everything a little challenging the parks generally own all all of the land uh and rent it to the to the homeowners I would like to work with our mobile home Community to see if we could do something a little

[99:00] bit more effective uh I did see that the Orchard Grove does have signs posted uh I I got copies of those signs so they are there um but again you know one of the things about the English and Spanish requirements reading a lot of these emails it sounded like the folks didn't even know and if you don't read English you might not know that your car could be towed and if this is a pretty big penalty if you are on a limited income if you don't know about it so um that's my presentation if there are any questions I'd be happy to answer them and thank you got one well have okay um Aon and then I don't know may did you have any more I'm just looking you like the puppies so Tom just one thing wanted to get your thought on um in the ordinance it says um that I I lost the page now but the but that uh anything superseded by state law that the state law would control

[100:01] yes should we consider adding uh state law and regulation laws and regulations if there are regulatory things that supersede us or would that we could I would include that under state law okay so that would be included with that definition okay that's very good then thanks okay anything else we can always um I just notice people small kidss out there waiting to testify so maybe we can always come back to questions unless they're relevant to what the public might want to talk to us about that work okay um let's move to the public hearing okay each if you could start with your name and address you have three minutes good evening uh my name is Todd ol I live at 4175 Cooper Court here in Boulder um I am vice president of barhan

[101:01] speaking on their behalf tonight in deference to your time um wonder I can't read we uh as you guys probably know we've been working with you on a lot of issues we represent over 12,000 rental units 350 different vendors that we work with or that our local businesses and uh over 20,000 of our residents are living in rentals in Boulder uh it was our understanding based on the information that was provided to baral that Council was only receiving complaints from one property sounds like it was one Community instead of a single property uh and that that process was being investigated uh it would seem from a public policy perspective it doesn't make sense to impose additional changes and restrictions on the entire Community when it's not uh Citywide problem as far as we know anything over and above the Pu rules or in contrast to the Department of Revenue rules should be well thought out this proposed ordinance applies to all commercial and residential parking lots in Boulder so

[102:01] it's extremely important as with all of the policy initiatives to have a balanced approach property own property owners and business owners need to maintain the ability to offer their customers and residents parking and in order to do that they need to have the ability to tow cars that are illegally parked in a fair and reasonable manner unintended consequences of a poorly considered ordinance could impact many many of our law-abiding citizens in very negative ways including limiting access to assigned parking spaces in a timely manner creating a loophole that would allow anyone in public to park in a reserve parking space for up to an hour unreasonable and excessive expenses related to new signage which would also likely result in increases in prices for goods and services those businesses uh charge there are likely other unintended consequences as well um barad does appreciate the relationship that we have

[103:00] with the city Boulder and the council and we do look forward to continuing to work together since long-term rentals are such a large part of uh large segment of an important part of our community we feel it's important to be good citizens uh and therefore suggest additional discussions and collaboration on this and any other issues that may come up to that impact our residents and local businesses thank you can can we just ask a question so um you heard us talking about the 1H hour rule um I'm just you know kind we went through six issues there that we've gotten comments for and I guess um I'm just curious if you have any other specific ones that leap out um because you you were just generally saying it appli Citywide we should consider carefully signage could be a little bit of a burden um the idea of maybe an additional sign added on to I think would lessen that burden that was a pretty good idea uh the 1 hour rule I think is we think our members think is

[104:02] one of the more important issues um I think you actually brought brought it up earlier about um the logistical limitations of getting to that parking uh illegal parking spot takes a while anyway and that forcing the wait time is going to be hard to document okay um all right yep go ahead so I spoke to Megan today and um I'd actually brought up the same idea to her as Aaron head in terms of the additional sign but she was talking about it just being the additional costs that many of the rental owners have had to incur with smart rags and so on and so forth and so now this is just another thing in terms of what Tom has proposed with the 2020 um all signage being up by 2020 and that it's bi attrition is that something you guys would support or uh we did discuss

[105:01] the idea of all new construction um changing some of the regulations or or the requirements as far as new construction goes um but maybe work out a phase in system if it was not entirely changing the signage but it was adding on to it okay great thank you syney and how did you uh what do you think of Lisa's suggestion of adding an international symbol which is pretty clear and could be very um cost effective and simple it could um you know there was a little bit of discussion about that as well and if it was uh simply a No Parking symbol and we could make up stickers put them on the signs maybe a small additional sign towing truck right something to minimize those costs it's not an opposition to it it's just the way it's implemented so that it's not a burden thank you okay that's very helpful thank you thank you okay Troy poris and you're pooling with two people

[106:00] out there can they raise their hands one two okay you get five minutes wonderful thank you I'll try to speak fast um because I've got a few things to say a little introduction I'm Troy poris I own Boulder Valley Towing um just a little bit of back background about me um my dad's first language is Spanish I'm a Hispanic fellow myself I'm very sympathetic to that population I'm one of them several years ago when I was a child I lived in an apartment community not very different from the one we're talking about now I often tell my people at work those are my people because you know those are people I care about the other thing though is I'm an attorney and for better for worse for the last eight years I've spent every day thinking about tow rules and so while Tom I'm super impressed with his Towing rules ability because he really has done a lot of work in the last month or so learning a lot about him um I present myself as a bit of an expert in that area I'm happy to answer any questions um you have about that I really spent a lot of time interacting with pu with the Department of Revenue and with every

[107:00] other regulatory agency has anything to do with Towing um I want to State unequivocally for the record that our company does not has not will not we do not discriminate there's been a lot of talk about this particular property the San Juan Del Centro we are not focused on that in fact in Boulder alone we tow similar amounts of cars from the Boulder Canyon apartments The Lodge Apartments which are both student housing apartments in fact we tow a lot more from those apartments than we do from anywhere else we tow from gold run from Apex 5510 which some of you might know is a new development out towards Gun Barrel um they've got bad parking problems over there and generally their rent start at 1,00 a month I don't think um it's it mostly disadvantaged communities we tow more from there we tow from The Hub from The Hive from Marshall's Plaza we tow from a lot of properties I just want to be absolutely clear that we tow we have never had a salesperson in Boulder we don't go out and try to find people to tow and cars contracts to get frankly people call us and say we have a parking problem come solve it for us and so on demand we show

[108:01] up and say well what are the rules you want us to enforce in your particular parking lot they establish the rules it is not correct that we once we have sort of a contract that then we just decide which cars are we going to tow what rule should we enforce that's absolutely not true it's the property manager at each property so for example we have properties already that say you know we don't care about Abandoned cars leave all the abandoned cars don't ever tow for that only tow if people are parked in a fire lane perfect that's the rule for that property we have lots of others that say uh you know we cars that have smashed windows or they're up on blocks um or that their license place expired and by the way we also offer tagging services so there are very very few properties that we tow from without notifying first so we go in we put a sticker on the window says hey your license plates expired uh you got 72 hours or 48 hours or whatever the property says please to be aware of that um and so it's not true that we're sort of prowling I'm sorry Tom I don't really like that word we call it monitoring services but it's not true that we're

[109:01] prowling around deciding what it is we're going to tow and when we going to do it we do what the property manager asks us to do in every case if we didn't right they would suddenly get a new towing company they would kick us off the property and say hey you guys are taking advantage of our residents um more importantly also importantly as you know I sent you an email we own several other towing companies in the state we have gone I I believe Above and Beyond in every aspect trying to be compliant U we meet regularly with the the staff at the Pu um we I'm very proud of our record of compliance across the state you saw uh in the newspaper and then in my email um in the last five years we've had a certain a couple hundred complaints but that's of hundreds of thousands of cars towed and then of the complaints only 5% were found to be violations and so in rough numbers you know every few thousand toes we' make a mistake and we readily acknowledge it provide every refund and pay fines for the puc at that but it's just not true that we are out there sort of willy-nilly U doing things

[110:00] that we're not supposed to I've only got one minute left but I'll talk quickly about the main issue signage it's hard to explain but if you drive around Boulder and look around there are signs Boulder Valley Ton's been in business for 46 years there are signs some of them are 40 years old I have no idea where they're all at and so if you said they all have to be compliant I wouldn't know how to do that I think it makes a lot of sense to do it going forward it's impossible to do it retroactively this whole notice telephonically thing one thing that's been missed here and um Tom this a little Miss there is we 95% of the people pick up the cars in the first hour right they come out their car is not there they call they pick it up it doesn't make sense from a effort to call everyone the minute we tow their car first of all we don't have any phone numbers you know go out in the parking lot right now and figure out whose car it is you don't know right and so after 48 hours we have access to this database that then we can send a certif letter and importantly we've forgotten the lean holders right most people have loans on their cars and so you need to notify the lean holder as well as the property owner actually and that's what we do uh

[111:01] consistently but notice after 24 hours doesn't make any sense because most people have already pick up their cars quickly I guess my time's up but I'm happy to answer questions well yeah it actually would be helpful I think for you to go through the list can you just go through the list and can you explain the 40 hour 48 hour notice thing yeah so currently it is actually a little complicated um because um the Public Utilities Commission obviously regulates this but Department of Revenue has a set of rules around abandon vehicles and so it's Department of Revenue rules of which and and commissioner could clarify this I believe that that pu can inforce them but they don't write the rules about abandoned vehicles but anyway the rules say you tow a car and then if it has not been picked up again because most vehicles are picked up if it hasn't been picked up after 48 hours we have access to this database which is basically the DMV database and there's listed um and

[112:00] truthfully it's only about 60% of the time because often cars are listed out of state or they just the data is not there but anyway there is listed the lean holders and the owners of the vehicle and recently there was a Department of Revenue rule change which required us to do outof state searches which is great um and so now they have outof state information to but still the databases they only have I don't know how many but like 25 of the states so there's not data for a lot of cars but anyway We Gather the data we send certified mail each of those letters cost uh about seven bucks to send and often there's three or four letters per certified per person right because there's a lean holder and their mom's on it and then they're on it and there's different addresses so there's a real expense in fact we spend more than $5,000 a month on postage there's a real expense associated with notifying people and I absolutely think we should but the 48 hours is about the right place to notify someone that their most people know when their car is gone

[113:03] right oh okay other questions U just in terms of there was a few other issues can I ask you a question about that the notice thing Sam did you have that or so just so after 48 hours you're granted access or allowed to access the the yeah I mean just to clarify exactly to Mr car is right there the the rules do not say after 48 hours you can access it we have access any time the rulle say we're required to send a letter no sooner than 48 hours and no later than 10 days basically two days and 10 days is where the window we're given to send a letter right and so that database of information does it sometimes contain telephone numbers never okay so so if if there were a requirement to call somebody do you have access access to any information that would give you their phone number none okay thank you okay that's helpful oh there's a whole list go ahead let but

[114:03] let's so good that clarifies that you have access to the datab base um all the time so there's no 48 hour Hiatus so you can get there right away um how hard would it be for your employees to do I mean you have the location of the vehicle the name of the owner and many times you can find that information online pretty quickly um would that be a burden to you to find which information their phone number just by looking up hey here's the person's name here's the address it's registered to and here's the community it's located in I've never tried that but my experience well let me say this is this I try not to go too hard too far the subject but um my my it's very difficult to find people's phone number online is experience we've never tried it with respect to Towing I tried it recently because a in there's a fire in California right now and my father-in-law's home is on on fire and

[115:01] so we were trying to get his a relative's phone number Googling online and we couldn't find it as an example today I don't think with um I I think it's impossible not to mention that well I don't know you guys' phone numbers are all online but I hope mine isn't I'll say that so I guess you know I would say that there are services that that provide that service so it'll be something that I I want to talk about further because I think it's another way to access people because mail is also unreliable so having a couple different points sure you know my general observation about that is the Pu has carefully balanced there was a towing task force set up by the state that met for over a year to discuss rates and and you know you look at costs and expenses and try to figure out the right rates is it possible yes right we could there are Lexus Nexus for example is a service that has lots of people's phone numbers in it right but we don't subscribe because it costs tens of thousand a month I mean could we get phone numbers and could I have an employee whose job it is the minute a

[116:00] car is towed to call the people and say hey we've got your car certainly if that were requirement in Boulder would we do it no we'd probably not do business here because we have a process of how we do it in accordance with state law and if you add many things that add to our expenses without increasing our rates which you're not able to do there will become a point where it doesn't make any sense to do business here um and then what what about the the contents of the car reclaiming so if somebody there's certain things you have to give back right without having the the fees paid for the impoundment um but what about things like tools and laptops what's your policy if somebody comes to your impound yard and says you've got my car I don't have the money but I have to have the laptop today to do my job so what what's your policy around that so you know we provide our employees have some discretion right so if someone comes resp F and ask that they may well end up with their stuff if someone comes and threatens to kill us and then we follow state law and you can get what you you know you can get what's required

[117:00] what we required to provide and nothing more um so you know we at a minimum follow the state law sometimes people get more when they're respectful that's a your discretion okay thanks just as a followup to that what do you do with the stuff that you don't return if they threaten you well they usually come pick up their car and get their stuff is what happens in the case um if they don't and do you sell the stuff stuff is auctioned off with the vehicles okay thank you um so I had a question as well um in a meeting with u Mr pores um council member Yates who's not here tonight um and I met with him um MRIs stated that the notices were only sent out to the lean holder no two points of clarification one it was Trevor Forbes the president of our company that met with you not me um so I've never met with you personally I'm sorry I me I me Trevor forb sorry and secondly if if either one of two

[118:03] possibilities I wasn't there right either you misheard or he misstated but it's not true um I just forgot what the point was but whatever you said was not true oh that you don't that you do you notif do you notify both we required to notify the lean holder and the owner okay thank you and we do not only we required we also do it did you have a question yeah so I'll just ask a question that I asked Tom um and that is often the vehicle that's towed is the only vehicle the person has and often they have no way to get to how do people get to you so you know as a practical matter most people get a ride from a neighbor or friend um most students take an Uber some people ride their bikes um and how far are you located we're only about four miles from here so you know our yard is is very close to most of Boulder um we're just uh just barely

[119:03] outside the city limits um on um Longhorn court if you guys know where that is um so it's quite close from here people ride their bikes people take an Uber people get a ride from their friends um it is I I agree and that raises the issue I I want you all to know uh that not only am I I not unsympathetic to the burdens associated with Towing but that I we do our best to train our employees we know that when you get towed it sucks right and it's a miserable experience but I want to emphasize that people get towed when they make a decision to disobey the rules that's when people get towed and there are sucky consequences associated with that and we try our very best to treat them with respect and to to minimize the bad day everybody who come you know everyone who comes to our office is having a really bad day it's a very tough job to release uh Vehicles so I just have Mary asked um with

[120:02] respect to um vehicle impoundment and tools and things those being impounded um you also though I I was just looking at your website and you also sell cars you buy or you buy junk cars so do you ever take the cars that were code and impounded and not claimed and then sell them yeah and we're required by um Department of Revenue rules actually and there's actually a time limit we're required so uh after 30 days we can sell them and we're required to sell them and frankly I shouldn't say this out loud we're not always perfect at it uh and so we violate the law by not selling them quick enough sometimes but required to dispose of them within 60 days um and so yeah we do we have an auction in Denver every 2 weeks where cars are sold that have been abandoned and who does the the

[121:01] auction revenues go to so the towing company in the cases where the fees I mean the you know as we've talked about most of these cars you might all be imagining your cars and that I'm auctioning off all these cars and they're selling for $10,000 here and $5,000 here um a a large percentage of the cars are sold for scrap recycling metal and the prices in the low $200 range so that the after holding it for 30 days the proceeds don't cover the tofy not even close it's often a fraction about 5% of the topies are covered on 95% of the cars and so there's this theory that you know we're Towing nice cars and that we're selling them and there's all this excess money um I can count on one hand the number of times that you get this sort of excess money that gets sent to the state people don't abandon cars that are worth a lot of money thank you Sam and then we'll get to our final person so there was an example that we talked through tonight where um there's a truck in a designated parking spot in

[122:02] the mobile home park and the tags are expired and so what's your policy if you have the the contract for that lot you know what would what would trigger you to to tow that truck thank you for asking that question because again um that implies that we're the one making the policy and that's never the case never the case I don't mean to interrupt but if you're the the authorized so you got your set of policies so we're we're not authorized in a um so the legal term right um you know I could give you power I could make you give you power of attorney to do anything I want in my life right or I could give you power of attorney with very limited U scope in this case we're the authorized agent with the rules the property owner says I understand that I got that so back to the mobile home park the question is what do the property owner asked us to do if they've asked us to tow vehicles with abandoned plates and the most common 99% of the time they say warn

[123:02] vehicles with abandoned license plates and so in that case we drive through we look at a car with an abandoned license plate we put a warning on it for the for the rules of the property and then they say often sometimes two warnings or three warnings but after that if it hasn't been fixed then tow it we do what the property owner asks us to do does that mean that you can tow that vehicle if the property owner has authorized you can tow expired tags and it's in their parking spot so their thought as the owner of the vehicle is hey that's my driveway right there's no way people can can tell me I have expired tags but that's my choice and my exposure so if if the mobile home park owner had told you tow that vehicle would you just tow the vehicle so beate the last for the question the mobile home owner points at a car and says tow that vehicle would I tow that vehicle is that the question if it had expired tags I mean in other words is

[124:00] there do you have as a company policy putting the notice on I mean I think the most egregious thing I can imagine is not noticing in other words the person didn't have a chance to see it when their only violation is something which is like a municipal registration violation sure you know um I think that that's a reasonable well the answer is again we do what the property owner asks us to do so you would tow without notice if the prop property owner asks us to do there's they're our customer right but I mean as candidly between you between all of us between you and I I wouldn't be opposed to an ordinance that says for particular violations um we we might the property owner should be required to give notice for example because I think that's reasonable and most again 99% of them do but the the fact is um we're sort of there's these cars that we're um that we we monitoring and doing the thing but people for example I'm concerned about this issue of the the condition of the car because there's a say a shopping

[125:02] center and there's a van uh that you know looks like it a van that is has broken windows and somebody parks in on Prop property and they take the tires and leave well the property the the strip mall owner the mall owner whoever calls us immed says hey I need to get rid of this thing right now well the rule as proposed would say that we can't tow it for its condition right even though it doesn't have any wheels and it's sitting on the ground in the middle of you know the parking space um and so you know my opinion is that the property owner well they own the property and that they ought to have discretion re I think they ought to be reasonable but but it's their discretion about what vehicles are on their property and they should be able to tow any vehicle that's on their property if it's not then like it so so what Tom told us about this was that there were criteria for toes in the public right away and then there's criteria for toes from private property so how does the condition of the vehicle

[126:00] intersect with the fact that it's private property I mean just because a property owner saw a car that he didn't like he wouldn't have the right to tow that car it would have to meet certain criteria is that correct in other words for a car to be deemed abandoned on a private lot are there criteria for that yeah that's the abandonment is defined in the state statutes but you know this is an extreme case but you think about it I presume many of you live in homes that have driveways and if if someone goes and Parks a car in your driveway should you have discretion to move it to Demand right then that it be towed away in in my private property world you know your driveway is the same if I own a small strip mall that's for my private property and I can decide what the rules are for what cars I should allow or if I'm an apartment owner I can decide in fact most leases say the rules you know you can't most leases and this is this is a a rental issue but most leases say that you can't have cars on the property that aren't registered and so that's why most Property Owners ask us to notify

[127:01] and then tow vehicles that aren't consistent with that that's like a standard sort of lease thing okay um thank you this has been very helpful um you're probably hanging around a little bit I'll be here if you want more questions later great um and we'll get to our our last person thank you whoever that is for waiting for so long um host Jose Juan Lopez ah come on up sorry I've been sitting so long I oh I fell asleep we feel your pain yeah I was going to say this is nothing although we're not we're not transl J Juan Lopez Garcia my name is Jose Juan Lopez Garcia Street I live in 34th Street

[128:01] in [Music] um I would like to give you a testimony of something that had occurred I am the father of seven children 14th of May approximately my daughter had an appointment on children hospital at 7 a.m. we came uh to the vehicle so we can go to Children's Hospital and the vehicle was not there uh is very painful because it was transportation for seven

[129:00] children especially for my little girl that was have surgery on both her eyes on the 14th of May and what was more painful was that I did not violate any law came down to the parking of my vehicle and it was right at the place that where my apartment uh was [Music] designated and I talked to the uh managing Office of the apartments and the only thing that they told me was that I don't know

[130:00] anything give me your registration and I'll put a sticker on it when the the vehicle was already towed away okay and the vehicle was already being being auction for sale and it happened this the towed the towing was on Friday afternoon and we had put put it at the office or registered at the office of San Central and then we couldn't do anything to get the vehicle out of uh once it was out

[131:01] um and I thought that I was not violating any neither of the apartment neither the city laws and the only thing that I wanted or want is that they don't continue to violate our more Vehicles more people that are uh parked there because now I can't even have a car right there because because I had to pay off the the vehicle that I had been tolded that I don't have anymore and so the only thing that I want that and I've asked help I asked the people from s Central help and the only

[132:02] thing that I've gained is because the owners of valy Towing and the only thing they were able to tell me is that nothing we we need more information and happened about five months ago and up to that point what to this point what really worries me is that I need to move my kids so they can take them to school I don't need the the vehicle for any kind of luxury or for any kind of other thing the only only thing I need my vehicle is to transport my [Music]

[133:03] children the uh towing company could have seen or the toying person could have seen that inside the vehicle there were uh baby seats and the and the chairs for the kids and all the tools that I I needed was there visible and I don't want anything else all I need is that they return the vehicle back to its place and I never violated any law thank you thank you um I'm sorry what what do did you say Valley Valley Towing it's the same okay um do we have

[134:05] questions thank you for your words thank you for staying coming over a question clarification actually um um Friday you bought the vehicle so I was trying to get the registration so I can take it to the office so that it would be current so the reason it got told was cuz it wasn't registered

[135:03] yeah because it didn't have a sticker so so it had tags but they were expired the sticker is part of the property identification yes was the car currently registered it was registered it had license plates it had stickers it had registration had everything thank you so it didn't have the sticker from the from San Juan and you knew that you had to get that sticker from the property manager yeah

[136:00] yes you had only bought the the vehicle on Friday so you had until on Monday morning the vehicle was gone oh okay did you go go to Boulder Towing and or Valley Towing and ask for your vehicle back okay and I am a head of household and I'm the only one that works for my family and we called them to ask him what the cost was going to be so we can take it out and I tried that week to get the money but then it's a Never Ending Story it keeps going up and up and

[137:00] up and then this is what happened either do I pay rent or I have a vehicle okay and when we got all we tried to gather all the money and then the the vehicle was already you know sold or something like that it's so weird so San Juan if you wouldn't be the one to answer this I suppose but it seems as though San Juan is the one that that violated the or they designated that the toe cup come if what Mr said is correct and I'm sorry I couldn't hear the last part so violated that it was the management who had an agreement with the towing company to say pick up anyone that doesn't have a

[138:15] stick so when I talked to the manager she said that I didn't call the towing company they took it I don't know anything else and I said I'll call you next week it's been two weeks two months all the way up to now and I still haven't received any answer NE from any anyone from the management or from

[139:01] the and how soon how soon did he find out that the car was stolen or sorry when I got out at 7 o' in the morning to take my daughter to Children's hosal hospital so on the Monday morning no but that that the car was towed then but then it was sold so when we got all the money to it was like $900 that we need to together so we can get the vehicle out it was about a month later and and I understand the towing rules I understand that the city has

[140:01] [Music] rules and like and like the gentleman was saying it's right now they say that they send the notification to sell your your vehicle we haven't had a single notification not a single advisement and not a single piece of paper on my property on my door that's telling me about anything that would say we're selling your car or we're about to sell your car okay um thank you very much this is very helpful thank and thank you for listening to us okay um with that we're going to close the public

[141:00] hearing we turn back to council [Applause] um let's just talk briefly in terms of process um is it General will that we want to move something forward and with some amendments tonight okay all right well then let's you do you have a slide that there we go okay I have some staff questions to before we get started I don't know I don't know if they're before we get started or not but I was just going to ask about the management of San Wan Del Centro is it city is it private it's private it's private um I guess one question about that is in terms of we've gotten complaints is it would you say it's from more than one local or they're mostly concentrated in one local the ones that I've heard of mostly

[142:02] concentrated in when loal but as we saw in the emails that we received um it was the mobile home parks as well yeah okay um yep go ahead Mary when we had that meeting with the new owners of San Juan that was was that after May has hands switched so the the property changed hands in at the end of July okay so that was prior to that switch all of this occurred prior to that switch okay and so have under under the new management things have stabilized um yeah that's I just wanted to check in on that one thanks okay then um Revis signage should we just start from the top and goes down um we we had some discussion about how we there's not maybe opposition to the idea it's more how to make it less owners phase it in

[143:04] um who's got thoughts on how the best who has a an idea about which of those we think is most useful so I think that phasing it in would be a reasonable way to go I also like Lisa's um suggestion of using um graphical language and perhaps it could be something that is moving forward um as things as parking lots are renovated or um on new development or as um perhaps as commercial properties change hands things like that is so I would be open to that is there a way to begin or at least start with with mobile home parks since we we have a concentration of of complaints coming from them could we do some phase in or even offer

[144:00] assistance or something to get those at least signed sooner than a a year and months from now sure that's San ju oh s San Juan is an apartment complex it's not a mobile home not a mobile home we could also do um affordable housing that aren't cuz I think BHP already does um their parking signs uh bilingual at least um so I think I like that idea of you know pretty much right now all of the split you know the reason mobile home parks are so problematic in a ways because the land ownership and the the dwelling ownership are split um and so I I would support mobile home parks and all affordable housing has to do it quicker um and then as far as the the private lots that aren't in those categories I think we have a couple choices I like Aaron and Lisa's idea of you know

[145:02] additional so you don't replace the whole sign you do additional another thought was change of ownership or major renovation new construction this should just get you know regardless are you right this down I'm listening I'm I'm just putting ideas well I know I just think a lot of them are good ones okay okay well um so I I think we should do the international that's my thought I I like that very much um because that gets us around a lot of things um I don't know if I think it should replace the Spanish language because I think that's a really you know clear population that we're trying to help out here um so I like the idea of close in doing the more you know mobile home parks and the affordable housing and then phasing in over I think a year is fine but also if there's new construction if there's a lot redo if anything happens change of

[146:02] ownership then that has to happen right then so you could do a phase in for existing but certain kinds of conditions happen right now so I know it can't happen right right now where you say 2 months for the mobile home parks and the affordable housing units and anything that changes hands and sorry two months for mobile home parks and affordable housing locations MH then it's a year for everything else except if a property changes hands or there's a major renovation or new construction those would happen sooner so I know that's a little complicated but it it makes a few classes it makes the General lot and then it makes the affordable housing and mobile home and then there's anything that has a trigger okay eron wants in on that and then we're going to clarify what we'd

[147:02] require yeah so Sam think you're going in a good direction I'm concerned though about the affordable housing providers because I think a lot of them don't operate on enormous budgets so like i' I'd hate to hit um uh BHP and thistle with a really large bill in a really short period of time um so I support the concept of you know make sure those residents have that signage but I would worry about overburdening the affordable housing providers so so let me just tell you what I was thinking I think some of them like BHP already have bilingual signage so I think for for many of them they're they're partway there and I liked the sticker idea I really had to say that the sticker with the international signage I I thought that was a great way to go so maybe we could work in the interim we're probably not going to do a final thing tonight and talk with this and talk with BHP about you know how soon could they do it and how much of a burden would it be well and if they already have bilingual they

[148:00] that's the minimum and we can talk to about AER Yeah Yeah well yeah and I mean I think I like the idea of the of the international signage for sure but I mean like the I our our largest need in our community other than English is for Spanish and so again I would worry a little bit if if BHP is already has the biling signage do we make them spend a significant amount of extra money cuz there may not be room on the sign for the stickers sure I mean so I mean we could we could have a discussion with them before the next reading and then hone this in that's fine um and just one of thought that maybe two months is like um is January 8th so maybe right after the holidays maybe three months okay all right is that sounding right to people yepe nope one thing I want to make sure that we address headon and and in our initial phase is um the situation that happened at San Juan Del Centro and it's not just one incident that happened it happened multiple times

[149:03] we've just heard from Mr Lopez tonight and um so how how you net them get them in the net I don't know but get them out of the net get them out of the net you're right so um I'd like those type of um um well how about where we're getting complaints y I'd be happy with that but I'd certainly want to make sure that was done at San D cro it's been happening for a long time question sanan Del Centro is permanently affordable is that right it it's a really complicated scheme but let's make sure it's there yeah I guess whatever net Tom that we need to what cast in order to get that or can we just say areas where we've received numerous complaints or is that to what about it

[150:01] the request of the residents what do you mean and could we consider Mr Lopez's testimony as a request I wouldn't but what I'm suggesting is that if you required Spanish language signs that where the residents speak Spanish and say and say they need it then that might be way I mean the problem with so I think what happened in part of somal Centro was they changed management they changed rules and started enforcing things that had enforcing and the signs were all in English a population didn't know about the change in rules and got caught up in this so I mean I'm concerned about s centr because as I understand it it's HUD financed so it's got It's HUD it's chaffa it's um it's like four different um funding source but this is this Towing incident I'm not going to go into previous complaints we've had about 101 do Centro but um this is one that's made

[151:01] it up to to council and um I'm glad to hear there's new management but I hope their practices are much better than previous management so I it I'd have to think about it people people there they pay rent it's their home and they are subjected to predatory practices and I don't know how we stop that but we need to stop that well that's what we're working on yeah so all right so you'll think about a way so yeah about a definition so what I've heard is that if I can summarize what I think Sam said and I I did write it down Suzanne all right um good uh what we pay you for I I I would I would suggest that for mobile homes and for any properties that that um have subsidies for um low-income residents that they would have to have Spanish language signs by February 1st 2019 because we're not going to pass this on November 8th so I

[152:00] could I just could I just oh I'm sorry and then everyone else uh for new construction or any properties that change hands they would have to have it also by February 1st they would have for any new construction or any properties that change hands they'd have to at that time put in Spanish language signs and everybody would have to uh comply by January 1st 2020 yeah so just to go back to the towing company that was talking about all the signs around town and he was stating that it was not feasible or known where all the signs are so certainly how do we address that the property owner would have to sign up and they wouldn't be allowed to authorize toes if they didn't okay so this would be this would be due to the property owners certainly the property owners know what signs are on their property okay all right cool okay yeah just one comment that I wanted to make um since the the ownership change at at senan um we and by we I mean um

[153:00] staff from the city um and um and myself have been working with the management there to make sure that the residents are aware of what the new rules are under the new management and making sure that the information is communicated um about how the towing Works um and what rules apply and making sure that the house rules which contain all of the parking rules are available in Spanish um automatically versus before um the rules the house rules were only available upon request and were not available at all in [Music] Spanish so okay so good enough for this one yes okay so do you want to do something about an international sign can you explore what that looks like um it's it's no no I

[154:03] meant what it would take and I mean I don't know what the signs look like is there room for a sticker you know um so so I guess if we're going to look at tagging on eron's really good idea if people can add um signage then I don't see why we wouldn't just say uh in Spanish and with an international symbol I mean it's just it the sign's not going to cost that much more just adding the international symbol so I think if we say the new signs need to have the international symbol and Spanish and it can be put where the English sign is then that should kind of minimize the so we don't really need a sticker in other words we would include it it would be included in the phase in is what you're suggesting yeah and and just if we can include some Outreach you know in uh between now and the next reading okay and Tom doesn't have to do the Outreach thank you Mary Tom personally you need to knock on all the office doors please

[155:00] okay one hour rule I guess I'll just put out there how about we get rid of it yes does that work yeah the one hour so hour just get rid of it okay uh 10 Mile Towing limit um actually before we leave the 1 hour rule um does our the current ordinance language has the free drop provision yes correct okay good cuz that that covers it 15 minutes and you don't have to pay if they're in the middle and probably much longer than that depending on how the patrols of the Lots go I have a thought on the 10 milei Towing limit that I'll just put out there um I like lining up with the puc requirement which is you can only charge for 12 miles um so but rather than I think that helps cover it so I don't know that we need to actually limit the mileage but we need to do what the hardship that arises if your car is 25 miles away is how do you get there right and so I think that if

[156:00] it's towed Beyond a 12 mile limit then the towing company should credit the cost of the transportation to get there towards the the um fees that they're going to pay so say somebody's going to go take take a cab and go pick their car up um and it's been towed 20 miles well I think the the tow companies that are signing up to patrol and Boulder and are Towing 25 miles away part of their cost of doing business is going to be crediting the transportation fee to the it's going to be a credit so there can be a requirement that you show a receipt right so that it's if your neighbor drives you you're not going to get the credit but if you needed to take a cab to get there or left Uber or what however you you paid somebody to take you there if you get a receipt for it you show it to the towing company and they credit that back so it allows the

[157:00] complaints we've heard from the business Community are we want to have more competition it allows that competition without the fact of that competition burdening the people who are towed anyway that's an idea that's an idea there other ideas I have a thought but okay go first just I I like the idea just to play Devil's Advocate though if they pay their friend they could say their friends charging them I'm just Cur on I'd be curious to hear from the towing company side of how this is going to affect their not their bottom line because again there's everybody in this side and so if they have specific costs and the friend says well I'm going to charge you $300 to take you down here I'm just again Playing devil's advocate because there's always loopholes on this well and we could limit it to taxi companies in Uber and or rece or or ride sharing companies and who who who offer their services to the general public and require a receipt well I I limited I'm sorry limited to reason a reasonable amount okay we're still collecting it

[158:01] Erin was next and then maray I kind of have to disagree with the idea of limiting it to um taxis and Ubers because um if the people that are least able to get there are probably more likely to get their friend to drive them there so it seems to me that um the thing to do would be to reimburse for uh mileage to get there I was going to go exactly there that that because the the cost could be small to very large and then you're but but if you you could have the formula of the IRS mileage amount for the distance past 12 miles to the distance from the car to the lot that's past 12 miles how about that well is the is the amount that they charge for are they just going to tack it onto the the charge that they do per mile they can't okay that's what that my question regulated by the state it's regulated by okay um I will say this whatever we come

[159:01] up with it's got to be simple otherwise just explaining it if it's complicated nobody's going to be able to take advantage of it especially with language barriers yeah I like this this uh mileage because with a taxi or Uber which I think for Uber oryt you have to have an account for it to work I don't know I don't use it but um um having a already determined mileage if you're taking an a taxi out there you've got to take the taxi back no if you're going to pick a car you don't I guess not yeah okay but anyway I think the simpler one is the mileage I agree I I am convinced that's the easiest way to do it can it be either or does that that makes it too complicated make it too complicated and it wouldn't necessarily be fair I mean I I agree that people could gain the system and they could take a party limo down and right so that's the problem

[160:00] with oh there you go that changes the whole bad day kind of scenario um okay so the going idea is uh you get reimbursed the federal mileage rate for the distance you have to go to get your car Beyond 12 miles Beyond 12 miles so that lines us up with the Pu you know principle and I like aon's idea of how you reimburse for more so it will be a slightly higher cost of doing business for toe companies that are operating from Denver or whose lot I guess is far away okay all right so we're going to try this this stuff out and we'll hear from people what they like or don't like about it okay notice Provisions um um this was confusing what was that the notice Provisions can you what was in telephone yeah um it sounds so there's

[161:00] two there's two components here there's the notice um that they have to give like in the mail right so there's that and then there's the should we require that cars that are otherwise parked legally that have expired tags get a notice before they can tow them oh so two separate issues okay so first off it seems to me we should try to address our conflict with state law so so Tom a question do do does ordinance as it currently stands have a 24-hour notification thank you and the question is whether we're not sure we can require to say within 24 hours I think you can I think well okay because I don't think the state law is clear enough to create a conflict in my

[162:01] it's just potential conflict and they have access to the database all the time right okay so so leave as leave to contact them within 24 hours well I I it seemed to me that the towing company's concern was because of the expense of doing all of the mail they want to give people at least 20 48 hours to claim their car before going into the I could be wrong that's a question possibly for because the C $5,000 a month is quite a substantial mailing postage fee it seems so one doesn't want to be doing necessarily mailing out those Provisions within the time the person's traveling at the car is just but we could do the telephone well yeah I I agree I mean I'm I'm compelled I understand the to companies concerns the um because that they have to notify the police and so as Thom says you call the police and they you'll find out about that but also their phone number is on the signage at

[163:01] the private property right that's part of the requirement and and so it seems like you people have a chance they're like well my my car's not here there's that sign with a number um you know so I feel like we're between that and the Pu rules we got people pretty well covered so if I'm so I I'm not sure I agree I mean I think we're making some of these rules for the 5% of people who don't show up in a short period of time who may have some barrier um and this could save them one day's worth of lot fees you know so could save them $30 if they know earlier and these are people who for whatever reason haven't called and these notices are required anyway so the only cost to the towing company is the people that butt for you know they only got there two days later instead of one so they'll have to mail out a few extra but it's probably not a whole lot extra because we heard from the the president of the company that 95% of

[164:01] people get it within 24 hours because they need the car so I'm more concerned in a way with saving the people who need it the most the $30 um than mailing it so say again what how you I'd leave it the way it is I'd leave what we have in the ordinance the way is which which requires notice 24 hours right Tom yes it's it says an operator shall provide telephonic notice to the registered owner of any tow vehicle within 25 hours of the initi initiation of the tow if the operator cannot reasonably obtain the owner's telephone number the notice shall be provided by United States mail and so we heard that it was difficult to obtain the telephone phone numbers yes so it would be by mail yes well well those are two separate to Define that a little I mean the reasonably Tom what would be our interpretation of reasonably okay it's not in the the motor vehicle database would we make them do other things what what would the reasonable so

[165:02] I I think if there was a challenge the the uh person who be to who was towed would be able to show how easy it was to get their phone number so some some people's phone numbers are easily accessible on the internet noted and some people's aren't it seems I was just going to see say that it seems arbitrary again to be as clear as possible I think with all sides including the towing companies I realize they're 5% bad but maybe not 95% um and we don't want it to to make it harder for them to do business because then they'll be before the Pu and their rates are going to be going up and I I'm I guess given that there's clear requirements for mail no ification I'm willing to let the phone number piece go for now maybe with further exploration we could punt it into one of the parking lot issues that we're looking into more but what I am

[166:02] concerned for is that we I would like the 24-hour notice for the mailing so when it you know with with the notification additional signage or bilingual signage more signage more clear signage or clear clear signage um it will hopefully be more um clear would will be clear where the car has gone and and not as um critical that was what I was getting at but Tim i' we can do I support the 24-hour you so we're thinking we that we're requiring them to send certified male within 24 hours Boulder it's now 48 hours I mean right now it says between 48 hours and 10 days so functionally isn't that after 48 Hours it is more than 48 hours but less

[167:01] than 10 days yes any I'm just trying to figure out realistically if if um it I'm just trying to make this simple certified males within 24 hours that means it's it's sent within 24 hours as opposed to after 24 hours you have to and I'm just trying to be real clear because right now they have two days where they don't have to do anything mhm so and what was said I'm sorry we're not we're not ready for you um is if most people come within 24 hours but you also have to have mailed within 24 hours no no no not within you know I guess I would say that's what I'm trying to clarify after between 24 and 48 Hours yeah between 24 and 48 would work because right now it's between 48 and 10 days right and that's too long I agree okay so 24 to 48 thank you for the clarification and then uh we just have to the post office isn't necessarily

[168:00] available you know if you're 7 a.m. on a Saturday we can phrase it I'm sure and it's Memorial Day you know but just Tom I think we have to keep that in mind there there would be 48 hour periods during which it would not be feasible to send certified mail so you'd have to have some way of phrasing that yeah so the next business day yeah next yeah yeah do would we would we like to ask the person in the audience who's so anxious speak to us Mr Forbes not Forbes that's where I'm going with you well yeah but uh sure if you want to come forward but we we need we're moving quickly and we don't we have very spec I understand and I apologize and if you don't mean to speak obviously I won't speak no no just speak quickly about the not provision uh well I just want to point out that Aaron pointed out part of it already that if someone gets tow at a certain time you can't you know it may only be five business hours before the 24 hours are going to be up

[169:00] so what you're sort of implying is the minute we tell to someone's car we need to send them a letter no no the the way it stood when we last talked about it was um in the window between so before 48 hours would be the simple way to say it you must have a certified um notice right which is what we got to at the very end there and is much better or the next business day but I'm I as a practical matter it you know we can't just press a button in the mail sends there's administrative work involved and it takes some time and effort and so this is an example of a regulation that may well say we can't comply with this but within 48 Hours yeah it just doesn't do you typically do 10 business days I mean what we do is as soon as the 48 hours are up we typically do it the next business day but sometimes that takes us two or three days to I mean you know we don't we don't have a staff of people who are sitting there ready to mail letters for us and such right we had toe company we have four employees here in Boulder and so um I'm just

[170:00] saying that and you probably don't care but this is one of the areas that I'm not going to operate out of compliance it's just not the way we roll and frankly lots of towing companies do and if you make laws that make it impossible for us to do business here we won't do business here and you'll be left with the towing companies who don't care about the loss and so in this particular area you you have a point right that um there are some very small percentage of people who may end up paying don't forget mail takes days right so we're not talking about um the issue that you know we're going to notify them and they're going to know necessarily in 48 hours they may know they might not check their you know we send it it goes in the mail they check their mail four days later um the it's just not an issue that people don't know their car has been towed there hasn't been any testimony that I've heard or any emails that I've seen about people who the person Mr Lopez who testified he walked out oh my car's not there it got towed that is the way it happens very very rarely

[171:00] somebody's on vacation in Europe and they don't realize their car has been towed but that's you're sort of solving a problem that's not a problem by this issue I'm I'll stop talking I'll just say it a different way for people who have other reasons or other barriers why they haven't figured out where their car is this is a legal requirement for doing business it's right now between 48 hours and 10 days right I'd love 48 hours and 56 hours for example it's very hard to do it before 48 hours is my point and I I agree and our practice is to do it immediately after 48 Hours the day of but it's not you know sort of the hour thing so I would love and recommend you know if you want to make the window smaller we have to mail letters you know I can't add 24 to 48 in my head very well we'll do 72 and we'd love it but I'm just saying this is an area you know there's some lots of things I don't like right but this is an area where just as an administrative matter it becomes too burdensome and and we don't you know I want to follow the rules to the extent that we can right so I appreciate you

[172:01] hearing me and I'm I'm sorry I I just don't want bad policy for the city right because it's bad for all us we appreciate that thank you um okay within 72 hours or the next business day M whichever's later the end of the next within the next business day after no no yeah say that again uh within 72 hours a certified notice will be sent or the next business day at the 72 hours falls on a holiday or weekend so the later of hours at the end of the next business day there you go yeah okay all right we have the issue of so so that brings us back to the other not other notice I mean to me some of the most egregious things that we've heard about that were the most harmful to people where when there's a vehicle that is in their spot and it's simply not registered right and then somebody can

[173:00] tow their work vehicle right and it seems to me that there should at least be some notice that that's going to happen um and I don't care what the property owner thinks I think it's only fair to tell them that their vehicle is going to be removed from a designated parking spot for them that they are otherwise in compliance with it's registered with the mobile home park and everything else is copesthetic it just seems like there should be some notice I don't want to change property rights I just want to right isn't there a couple things going on here though was the San Juan example because they didn't have a sticker for the for that complex okay so the one of the problems just is how does somebody tell the difference between somebody who's visiting and who's not I'm not addressing that one I'm addressing I'm addressing the one in the mobile home park okay sorry okay and so the other one we also need to address yeah but I don't know how we're going to um but this is one where they they don't they

[174:00] have visitor you have design visitor well we so okay so what happen just shouldn't have happened to the guy I'm just trying to figure out so I agree about notice of if somebody's if if it's otherwise legal and registered so this is kind of a restriction on the property owner not on towing companies it it's if a vehicle is parked which is registered with the owner of the property and it is parked per the agreement with the owner with the property you can't tow it until notice is given right doesn't doesn't the amendment that Tom provided take care of that at the bottom of the blue sheet I believe it does and just for people following along the um that's the prohibition of Unto based on the condition of the vehicle that says you can um you can't tow for an expired license or based solely on the

[175:00] condition of the vehicle unless the vehicle there's evidence that's been abandoned so I I actually while you were talking I looked up the definition of an abandoned vehicle and it's not great it's a vehicle's abandoned if it's been on private property for 24 hours and I would say the only other thing that is is here is there's no notice requirement in this it's a Prohibition on towing under certain circumstances but what I'm after is not that the property owner can never do it it's that you need to give notice to the owner of the vehicle even if it would otherwise comply not notice and time that goes with the notice right yes and and some time to cure a cure time right yes so you rather than prohibiting it you would give a notice requirement instead yes so if you change has evidence that the vehicle has been abandoned um has provided at least 48 hours notice or something like that 72 has provided at least 72-hour notice Yeah by posting on the vehicle yes that

[176:00] sounds good now does this stop the If someone knows a vehicle has been abandoned that other things apply I mean I think there's state law on vehicle right and so that abandonment so so this is if it's on private property and I mean if a vehicle's been abandoned but it's otherwise parked legally 72 hours notice is no skin off anybody's nose because it's otherwise parked legally can we change that almost to doing like business days because so let's just say it's on a weekend and that takes your two days and now you can't go get it registered and it leaves you Monday to do it so almost like business days would be great so we said 72 hours right I understand but if it's it's on a Satur morning that's your Saturday Sunday and now you just have Monday to be able to go get bu notice yeah that'd be great that's good that's better so I'm just trying to think through all the so it's parked in a

[177:00] parking lot that's not an issue so if it's par there's other things like you can't park leave your car in in the shopping center for 3 days can you so so that's a more complicated one as we heard um maybe we have to limit this the mobile home parks and residential residential residential property well I just I'm just trying to think through the we don't want unintended consequences well we've got a month to think about it but I think residential this is a work session essentially so so I think I like residential I think that's is really good although just keeping and some that we can keep exploring this but the provision does say um you can only tow the vehicle without the consent if the vehicle is parked illegally and in in a commercial parking lot I assume that they have the right to say illegal parking is more than 2 hours for example right so so that would count as illegal parking so you can't leave a car in a private a commercial lot for 3 Days yeah

[178:01] they also usually say if you're not customized if you're not a customer of one of the businesses yeah right so you you would still allow um commercial uh Property Owners to regulate their parking lots as they do currently it's just that if they are parked in compliance with all the rules of the parking lot you can't then tow them just because there's a or an expired plate okay okay I like that I'm feeling good about this all right okay you got this one I do um we're going back to the list oh sorry so what we didn't we didn't the next one the list sorry what we didn't address was and I don't know that there's a way to address it is what happened at San Juan Del Centro right with the and maybe we can't and you know the the the complexity is the visitor issue right so there's the person I I know there's visitor designated spots but say somebody comes and visits and blows that

[179:01] off and parks in somebody else's spot so the the gentleman who got towed from San Juan Del Centro didn't yet have a sticker on his car which showed that the car was registered legally to be in that spot mhm so is there a way to fix that where you can't tow over the weekend well see there's it seems a very complicated thing to try and fix okay well in good they could get something temporary I mean that's that's that's I think an agreement between the towing company and the the apartment complex so it's a hard thing to yeah okay regulate so one of the things that was very disturbing in Mr Lopez's um

[180:01] comments is that he never received any kind of notification um that his car had been towed and I I don't know why that is and um how that is remedied but it seems that in state law he Mr Lopez had a right to be um notified so if he's not notified how is he supposed to know where the his car is and how he's supposed to retrieve it so I guess is mobile home policy this is an apartment complex well he he knew he was just never notified yeah but he should be notified notified that's part of the state provision and so that was violated and so what can be done to fix that violation and

[181:02] somehow make Mr Lopez more whole than he is is there a way we can do that I I don't know Lisa and I don't know the all the facts so one of our um Mr Lopez complained to our Human Rights Commission so our staffer reached out to the towing company on this issue and they had a very different set of facts and so I don't know who who Who's right or wrong in that circumstance so it's I I it's hard to go back and say we're going to fix a particular circumstance um so I can look into it more and when I bring this back see if I can come up with something I don't have an easy answer for that I me I I I believe Mr Lopez is telling the truth and those facts sound horrible uh but I I've a different answer from the towing company so is there somewhere in this ordinance that we could strengthen the notification provision well that we just talking about I know but yeah but that

[182:01] was sort of okay I mean it's already in there so what is the penalty when that doesn't happen yeah what are the consequences so I'll just throw that out but I certainly would like to have some teeth in this okay okay so let's keep saying this I from a Time perspective we're just way off so let us Pro you're you're almost done you have two more you have one more issue so let's do that and then we'll try to move on we have three other topics tonight um sale proceeds um it seems to me that we should comply with state law so just adopt attachment h m yep that work y okay and then the last one is the last one you've already addressed it's Towing based on the condition of the vehicle okay and then real quickly put up your parking lot just focus on um I guess so what I'd like to hear is yeah

[183:00] Tom go ahead and look into those things and bring it back and your schedule those things what well there was one other one I wanted to bring up that was on the next page this one it's the release of tools that doesn't seem complicated to me that that seems like something that we could add fairly easily that we we could just add to this list that that tools are equipment necessary for work are also necessary for work absolutely I I was complete agreement okay okay and do we need this this last one is is this complicated too yes that one is complicated me I think you've done some good work on it tonight come up with things I hadn't thought of yeah but I'd like to work on it some more great great okay so how would you like I mean I I I've actually written the Amendments I could read them to you or we can just do this and go to a third

[184:00] reading I can amend it on second reading which is probably easier so then you get to play with the language a little bit yeah let's do that and that way we can move on to the next thing yeah is that work for everybody yep thank you very much for all your work on this thank you okay and um thanks to everybody that came and talked to us this is very help helpful and uh you'll have opportunity to take a look at this and give more input yeah yeah there will please stay engaged there there'll be another round on this so from process perspective what's our formal Next Step what what are we doing tonight do we need to just simply move it forward on second move forward and um you'll ask me to bring it back on second reading at the next meeting with the Amendments that you've discussed Tonight third reading or are we doing a motion to continue the second reading or could that would probably be be better CU you're going to have to amend it so it doesn't really matter you could P pass just adopt pass it on second meeting without adopting it with an intent to amend but just just continue second reading is good can I do that can I move that we continue the second reading hearing so second second

[185:02] so all those in favor okay unanimously okay thank you thanks everyone all right um let's just do a process check we have a public hearing on our legislative agenda um that is right now we have discussion around 45 minutes on that then you have 60 Minutes allocated to mosquitoes and then an IGA on Pearl Street so um get in there let's just let's be clear let's not make people 00 cuz we're tired um do we think we can get through all three of these I'd like to get yes yes just don't turn it no well no well I mean you're good we have

[186:00] over two hours of stuff so let me ask a question Jane um the mosquito program is 60 minutes do we think it will take all of that I unless you have a lot of questions it won't um we scheduled it for that because it is a change from what we normally do and we wondered if you were going to be getting a number of emails from from residents because we're we're suggesting that we won't be treating with bti as um prolifically I I guess as we have before and there could be a chance that some residents would be concerned about that so that's what we were thinking would make it take a little bit longer we have people to speak I don't see mosquito people out there unless they're watching and they're goingon to arrive at 10 so of course re is in audience or staff member but um it's not a public hearing it's a

[187:01] M's yeah okay it sounds like we're going to do this we're just going to try to move faster than our time allocations okay oh my gosh and you guys are here too okay I guess you're getting paid though all right both of them this time you just missed a really exciting Towing ordinance no we didn't no you didn't miss it they were here for it they've been in back this is what democracy looks like they light SP okay good evening mayor members of council um I'm going to try to my best to move things quickly I will try not to cover what was in your memo I think you read it um obviously we have some great news on the state front very favorable changes that will bode well for our ability to move our agenda forward um every expectation that the uh new composition both in the uh executive office and the general assembly will help us accomplish many of our goals so fantastic news there uh Casey Becker was selected as house

[188:01] Speaker this afternoon so for those who haven't heard of that fantastic news I should know a council member by that name we former council member in case any of you didn't know that uh Steve fenberg was selected as the Senate majority waater and want to mention that even though there is a president and a majority leader the majority leader role is very significant in this Senate makes quite a bit of decisions and so it's it's a very substantial thing for Steve and for for Boulder Edie hooton was also selected as House Majority CAU his chair so just a complete run on a leadership from Boulder at the state house um they never want us to testify but so um we will also be attempting to make sure that our perspective is represented in the governor's office through the transition through the appointment of department heads and something that we'll be working on uh so my main

[189:01] message is this is a very exciting opportunity for us no doubt about that um it's also one that we have to be very careful with um the the Democrats will have to be and be be challenging for them to remain focused on their priorities and not to be dist attracted and that means it'll be our responsibility to make sure that we are judicious in what we request of our Representatives so with the opportunity comes great responsibility and I think we'll have to be balancing that um I would say that the legislative breakfast for December 14th will be more important than ever so I would really encourage all of you to make your best effort to attend there we will have uh Casey and Edy and Steve we also will have representative Jonathan singer and I just reached out to representative Sonia Lewis who is replacing Mike foot uh and then there's still will be a vacancy or who knows maybe by then they will have identified a replacement for

[190:01] Matt Jones Senator Matt Jones uh there is a vacancy uh committee that will be convened now that he's been elected as County Commissioner you don't know the timing on that I don't and how much time's left on the term it won't be you you have to come up oh hi uh I think the I'm Adam iberg I um am proud to represent the city of Boulder and the legislature um I think the current thinking is that the vacancy committee probably won't convene until the new year because there are two years left in the term two years thank you all right so I think uh anarie Jensen and hope I'm not speaking out a turn here but Mike foot have expressed interest in that position so we'll see so we will not have anybody from that seat represented to the legislative breakfast okay so on to tonight's item um wanted to let's see um all the changes are highlighted in your legislative agenda they're also summarized which is your

[191:01] attachment a and they're also summarized in attachment B most of these are minor changes to the wordings of existing positions or new examples how we can reach those positions or deletions of positions that are no longer relevant mostly because we've already accomplished them so I won't summarize those but I'll be of course expecting to address any questions you have about them um the one new position that we've added is to update this the state's greenhouse gas inventory and forecast that is at a date it was uh last done in 2014 it was done with assumptions that weren't specific to Colorado so for us to have a meaningful inventory in forecast we do need to have a new one um the one one late proposal that I like to make was one that was brought to my attention by council member Lisa morzel this afternoon uh position 45 speaks about our support for funding doe and US fishing Wildlife as

[192:00] as they relate to their responsibility for Rocky Flats both the central operable unit and the uh the Wildlife Refuge so the change that Lisa recommended that I think is uh quite useful to emphasize is that our support for Department of energy is specific to their responsibility ility to Monitor and manage Rocky Flat's Central operable unit uh right now it's not clear the way it's worded so it's a CL it's a point of clarification and so again I'll just read it to you the proposal would be to uh take position 45 and it would then read existing language support funding for the Department of energy for the office of Legacy Management and the new language that would be added is to Monitor and manage Rocky Flat's Central operable unit and then it would continue has written so hopefully just descriptive and not a controversial issue um the only thing then that's probably really important to bring to your attention is the five four State

[193:00] Legislative priorities that we are asking for you to speak to our legislators about first one is to give local governments the authority to adopt minimum wage standards that are more stringent than what is currently required by the state which as you know is having an incremental ratchetting up effect as it is um we believe this is something that's possible it is in a list of Economic Security bills that leadership is considering and we think that Boulder has a right to speak on this since we may very well be one that would would like to consider adopting such greater Authority and certainly we have a need for it the second item let's yes uh people it's page two3 233 of our packet if you want to follow along on the priorities 223 two three three in mind um if you actually want to in the document and are you referring to the summary of it yeah yep okay yeah thank you the table uh the second item is Pera

[194:03] our public retirement system as you all know we are one of a very small handful of local governments that are members we did pass a major reform in 2018 which we're very excited about however if if you don't know there was an unintentional mistake that will result in the local government division unnecessarily having their employees contribute 2% of their salary more than they currently do starting July 1st total mistake that was done literally at the last hour in conference and one that is not necessary for the solvency of Pera to to be resolved within 30 years so that is a perhaps kind of administ trative and technicality but of great importance to the to the city in terms of our employees and of course you know that's something that could affect our ability in terms of our matching raises that we often would have to give to kind of offset

[195:00] that uh the third item has to do with the alternative fuel vehicles right now carado has a tax credit that is matching I think the the the federal government is like up to 7,000 the state I think is like 5,000 I'm not sure exactly the amount what's important is that it's expiring at the end of 2021 so if you're buying an electric vehicle after 2021 you would not have that state credit or a plugin hybrid The Proposal that we would be advocating for here is to extend that to 2025 and multiple policy reasons for this as you might have read in the Denver Post article um plug-in hybrids and electric vehicles depreciate at a at a faster rate partly because technology changes so quickly so just like the iPhone you get one Nissan Leaf and then two years later the range has doubled or triple and your your value of reselling it has has gone down faster than a comparable combustion engine vehicle so

[196:02] one of the benefits of these tax credits is they helped offset that if not even completely make it negate it so if you have a federal and state tax credit you are more than made hold or perhaps evenly made hold by what your depreciation would otherwise be also significant to mention that by 2025 when we're proposing to extend these tax credits to The Bloomberg Foundation has has estimated that the um price of electric vehicles and more particularly the batteries will have come down so much that the price of electric vehicles and combustion Vehicles should be the same of comparable value of course or comparable um amenity um finally by extending the tax credit we would be supporting another city priority which is to um require zero emission Vehicles much as California and many other states do we are actually a party to a card Department of Public Health Air Quality Control Commission docket that will

[197:00] consider that and it will certainly help our ability to convince Distributors and dealers that they can sell electric vehicles in Colorado if we say by adopting this standard you will also we'll be doing our part education incentives and through our tax credit so something that um certainly would help us oh finally I'll just say that why is this here because Boulder is certainly a leader in terms of um its commitment to supporting electric vehicles and charging station I'm trying to bring home on each one of these that there's a perhaps unique relevance to Boulder taking the lead on this or not necessarily taking the lead but certainly making a priority the last one is certainly not least it is um greenhouse gas reductions um we have long talked about making a 80% by 80% reduction in greenhouse gas reduction goal by 2050 um so this year this has being proposed again as a priority with the addition of two elements that could be actually addressed through separate

[198:01] bills but could also be addressed comprehensively so not only make these goals of significant reduction by 2050 which we think are absolutely necessary for what the United States and Colorado has to do its share but to make them enforcable make make sure that they're actionable across sector across the economy and every sector where emissions are are realized and finally um I spoke before about the inventory and forecast to do this you need to know of course where you started and and and make some projections at where you're going so um a component of this would be to have a a revised inventory in forecast so I will leave can I ask you a question about this pleas the enforceable sector specific requirements yeah is that within that is the notion of putting a price on carbon is that Encompass it encompasses a variety of

[199:00] approaches of how to get there including possibly that and concluding you know it certainly could be a tax it could be uh just an outright mandate it could be some sort of uh cap and trade it could be some free market mechanisms some could be passed through law some could be left to the agencies to to determine so the important thing is that it's an emission Target and it says by sectors you need to get there one way or another and it's enforceable I just thought it's worth calling out that that yeah number four is a big deal and it would yeah thank you for for emphasizing that in fact this is a huge deal and um was recently reminded that we have Partners in in all of these items um and we are really an important um player for us to actually champion this and lend our resources of our lobbyist and to be making sure that our our legislators know it's important to us is really significant even though we have this great majority now in terms of

[200:00] the Democrats at the State House this is not an easy thing to accomplish by any means so um you know one of the things we had talked about before is like after the election should we consider having even a more aggressive agenda just want to make sure that you all realize that this is this is ver aggressive as it is and obviously very important to the city um so yeah in this discussion um is there and I don't know at at the state if we could be a little more aggressive with our goals well what I was trying to say is this number four is worded in a way to be broad enough okay to be yeah it's at least 80% you know because there's so way people um so I just wanted to make sure people knew that yeah okay um yeah it allows flexibility for recognizing that there's many many players conservation Community the governor's office and certainly our legislators have different views of it so it's but the main I think people debate the best mechanisms to get there right yeah right but that we need to so

[201:01] that is um all I have to cover I wanted to just mention that um there are some other potential priorities that um recently have been discussed that we might want to eventually add they're not ready for Prime Time it'd be you know it's it premature for me to discuss them now and uh frankly irresponsible given the fact that we haven't had a chance to really dig into them have the appropriate conversations but they relate to our position eight which is about enhancing customer electricity choice and about improving our public transit options what I'd like to do is ask you for your permission that as we have these conversations prior to December 8th 14th when we come up for legislators if those conversations evolve to a point that we find out we have some uh some significant options and are viable that we really thought them through is that you allow your legislative committee to give me direction to add them if if it's appropriate to the legislative uh breakfast as an agenda item um that way

[202:03] we wouldn't be slowing the process down yet allowing the flexibility to move forward on something that may prove to be very important to add by then yeah I was going to say can do can we add one more layer of detail to that sure um just those two buckets I mean we we now have a a governor that just ran on 100% renewable energy and it seems like it would be very appropriate for us to add a one of our as one of our priorities how we think renewable electricity um and promoting renewable energy might best be done or at least add something to that and so that I guess is is one of the two that Carl's referring to but I want to talk to some of the some of the folks in leadership or major players on this conversation so to kind of coordinate with them about what might be the most appropriate of that knowing it's a top priority for us just might wait till deliberations to

[203:02] authorize um right I'm just he's making the ask and I'm just adding a little more detail to it I know you're waiting to get in here and the other one about Transit yeah well I just want to say that um some folks are looking into RT governance and how um whether there's some solutions out there to make uh to improve the efficiency equitability of that body um with regards to Transit so that's also something we've been wrestling with a while so wanted to see how that idea ripens okay yeah um so Carl's still going did you want to um did you have a question otherwise we're going to comment at the end I just wanted to yeah I guess um one of the things and I know it's been very much on U previous council's agendas and we have tried this multiple times and that is different forms of mobile home um legislation for

[204:03] mobile home park um for the owners of the homes and um Bill of Rights and while we've been able to do stuff in the city of Boulder we have been repeatedly turned away by the um Republican controlled um committees that have not even let these bills out of committee so I see this um this democratically controlled um legisl legislature as um an opportunity to get these um bills through it would not require new writing of the bills certainly would require looking at them and maybe seeing what might be changed but I guess for me that would be a priority since we've brought this up multiple times and um it's over the last

[205:02] 10 years and so I'd like to include that okay um thank you actually um something we're definitely paying great attention to um in fact um Brenda written or neighborhood the aison recently had a um an event that uh Joe Gro was able to speak about and we had Ed hootin there and was talking about how you increase the options for owners for owners of of the of the homes to cooperate to buy the parks right so wait a minute I I I got us astray we you're going to finish your presentation we have a public hearing on this and then we'll get to okay and I will follow up on that so that concludes my presentation I just do want to mention as you've seen we do have will coin and Adam iberg um from Headwater Headwater strategies I didn't ask him to say anything but as always they're here to uh help with any questions or any other comment did you have anything on

[206:00] our federal priorities that I don't our federal priorities are proposed to be carried over as they were last year with the exception of taking that taking away the uh flood recovery uh priority which continues to be big priority for the county and Longmont but not so much for us one question so that's all I have okay so we're going to go to questions go ahead and we might venture to say we're more likely to be successful in the state than the federal level in the next uh year just a little um Carl just we've gotten some emails about the uh purple card uh idea and that is in our legislative agenda and I was just hoping you could highlight that for folks yeah thank you um so uh you're referring to the letter that we got about the importance of continuing to support a card that would give actually I'm going to pull this up here a new immigration status sometimes refer to as a purple card identical to the green card except that it would not be a path to US citizenship but neither would it preclude the possibility of the eventual

[207:01] citizenship and uh so we have this and our our support for that is indicated in uh position number 21 uh D so uh yes we are being responsive and uh I do think that that is something that would great thanks for highlighting something we can move towards other questions for Carl um we are going to ask you questions just so you know but I think we'll go to the public hearing first okay um here we are um so first up is Omar and you're pulling with two folks can they raise their hands ah okay thanks wow that's what they oh thank you for having us again um my name is Omar Gomez I live in 4831 West Morhead Circle Boulder and uh well as you mentioned we are I'm the representative of purple cart and thank you you know for all the support from the from this year

[208:01] because um we do successful you know um in in this part I'm not a political guy but I I get forced to do it it is hard still as in imigrant to stand up and looking for for the entire nation to do better because up there is nothing so we can apply for and purple car as you know is a part for a permanent residency so thank you so much um for all all you know all the great leaders that you are as as this city they they show to the other ones you know what we should do to accomplish things right here and everywhere I go I car this one and as your you guys put us up there and I speak about you know how grateful I am to believe here and the you support us uh so city of Aurora we have a meeting next year with them and you know talking

[209:02] about the support the same thing is here and um because that I've been talking I been talking before with uh Joe Jason Crow and before he get elected and he say you know if I get elected I will speak we will make sure the the purple car will be here up there in Washington DC so is why I'm here because we asking for your support to be in the next next year because it's so important for us as Community I I keep doing surveys and we have 1,400 surveys with 98% of approval and and now you know it's hard still because a lot of the community still scared they you know know like gu it's hard for me to to be here and represent them and try to uh speak in the right way to you so you can understand that we are in a big necessity to don't live in fear anymore

[210:01] because the news always with the new Administration they always put us in fear um one of the ladies is here she her daughter getting an accident and right away she's D recipient right away they was thinking to send it to Mexico because she think they the home maybe the whole family get involved and I might come to the through the house so we still live in fear because all the news up there and you know I know po car is not the perfect path for for you know as we wish but it's accomplish something so because we can live without fear we can work legally we can travel internationally and just to make uh a reference when Obama was a president he have two years when he have majority in the sen and the Congress and he don't do nothing with with for the immigrants so when we how many Obamas we waiting for to have in in

[211:02] this in these administrations when I'm I'm here because it's it's painful to live in fear and it's painful to see how many families get separate all the time and then leave living so when we talk with kids they still afraid to speak with the families because they don't know if the parents come home or not so I'm I'm doing surveys and all the time asking the families do you T you make plans in case something wrong and is why I'm here because we need your support again from the next year and thank thanks to you I go with uh the capital uh around December last year and then pon I bring you to you last time I see you a copy of the state War permit that we was looking inside the Colorado and and just because you guys support us otherwise we don't do anything you know it was only one vot

[212:01] against us it was a state work permit for immigrants and we tried to do that way according with Inon just so so the federals can lessen us can see the the the state is ready to do something because they don't do anything up there so we move forward here and there slowly but we need your support good um Omar have you is the is he likely to carry the bill again this year uh I carried that the bill with me what I meant Oh what I meant is pone de pavon no de pavon he's the last year oh he it was the last year so we need to find find a new a new sponsor and we have a list of some up there uh they might be a good candidates but yeah we still we going to we was waiting for these elections

[213:01] actually we we kind of waiting to so but we have a list of candidates up there okay any questions yeah well I just want to say Omar I know you work very hard on this issue and I appreciate your efforts on it and hopefully this is a year that we can get somewhere at the state and if we can assist with that in terms of contacting the legislators please let us know well thank you and we'll try and remember to bring it up at the legislative breakfast that we have so we should make sure to make a note of that and make mention that that's something that we passed here and support seeing at the state level and I would think that the new governor would also be I would hope that he would be receptive as well thank you well thank you so much for listening thank you Laurel good evening I think you all got an email from me um I am so sorry you're

[214:00] all still here my meeting ended so I was able to actually come after all um um so I I talked to you in the email about The Showdown with DACA that we may be looking at and so we really need to keep that in mind that if there are problems with that at the federal level the purple card is going to be absolutely crucial for for that population as well I am so impressed with what Omar has done over the years um putting together an an effort and one that makes just an amazing amount of sense and I I look forward to some really good opportunities at the state level this year um you may have also heard uh somewhat recently about the new public charge rules this is another what reason why a purple card is so important it used to be every immigrant applying for status um when they finally become eligible possibly after waiting 20 years they needed to have a financial co-sponsor to make sure they weren't

[215:00] going to need public benefits this new set of rules has changed it so that the Immigrant him or herself has to be self-sufficient on behalf of their family that means they have to be able to um pay for um their housing their food their medical um needs for everybody in their family how are they supposed to do that if they don't have work authorization so we need the purple card because right now what we're seeing is a lot of people we used to be able to help we are not going to be able to help proceed um to apply for their green card and it's absurd it's a rich only need apply situation right now I also wanted to um emphasize that that it is time to clean out some of the anti-immigrant legislation that is still hanging on especially um 2003's HB 1224 the secure and verifiable ID act which was an attack on the matricula Consular back in

[216:03] 2003 in essence in a response to the 2002 driver's license effort that I know um uh Miss morzel remembers and the city of Boulder was so supportive of back in 2002 um in 2003 the other side came back and said well how can we get back at you that's how I interpreted that um and so that's still on the books and it carries penalties for um civil servants that accept that card that needs to go so it's 2003 1224 and also um 2006 1023 that was kind of a partner bill with sb90 that really hurts hurts immigrants and it hurts um nonprofits that serve immigrants and would would like to um serve them on a non-discriminatory basis so if um if attention can be added to those two bills to perhaps get them off the books could you repeat the second one

[217:01] Senate Bill 2006 it was House Bill 2006 1023 and the city is very familiar with that because in all of the nonprofit contracts that's that's a clause we have to follow that and and and um assert that we are are following the requirements of of 1023 thanks Youk you and thank you for that email laying all that out as well we we get questions about that very provision sometimes because we're forced to require that and yes we don't like that right yeah Kurt twice in one evening yeah that's a tough that's a tough issue to follow uh so I'm going to take you to something much more mundane I'm afraid uh Kurt nordback 777 Delwood Avenue I'm speaking on behalf of community Cycles overall we support the transportation elements of the legislative agenda and thank the city for taking on taking on these

[218:01] important issues we particularly call out item 55 in the new numbering uh local authority to regulate connected and autonomous vehicles as an important one to get in front of we do have concerns about item 53 opposing transfer of State highways to local government in particular the last sentence seems to uniformly oppose Devolution but Devolution is sometimes a necessary precursor for improving the safety and character of Highways within city limits for example the transfer of North Broadway to City control allowed it to be made friendlier and calmer we suggest that this item be changed to support Devolution when supported by the local government we strongly support item 56 support for for uh Vision zero we particularly endorse sub Item B A prohibition on the use of handheld electronic devices while driving as you know distracted driving is contributing to a rising toll of traffic fatalities

[219:00] Nationwide and such a Prohibition can be an important tool to in counteracting this trend we also urge you to add a sub item supporting State legislation to eliminate existing restrictions on local government's use of speed cameras and light cameras thank you um Kurt the one in the middle about Devolution yeah that was item 53 and can you just repeat what is this and I'm sorry that we didn't send this to you in advance could you send it to us uh sure yeah that would be that would be great because then we would have your exact language yeah unless we want to take it over which is want us to take over State highways well okay that one's less anyhow yeah maybe send us something a little bit more about the circumstances under which you think that just for Devolution yeah okay right yeah would you repeat again what you

[220:00] just said about the red light um well uh existing state law restricts where uh red red light cameras can be installed or at least it restricts it requires certain signage and there may be other restrictions and it restricts where speed cameras can be in installed and the manner in which they can be installed at least that's my understanding and so I think that well we would support greater uh freedom on the part of local governments to make their own determination with regards to that thank you thank you sure thank you okay and I'll email this to you great okay all right so we're going to close public hearing um so I just I guess if we could have you guys come up I just think it's useful just to get a sense of well I think there's a couple key issues that we'll care about that maybe aren't our top priorities but under kind of get in the state of play like on some

[221:01] of the immigrations well this is a top priority sorry that but on immigration what do we know about what's likely to move do you have any sense none none none um okay um well okay the other have any so there's no possibility no oh no there's certainly possibility but I think it's a combination of it so early I mean they're still counting we don't even know who's in the legislature tonight right we don't know the final tallies and we don't know who runs committees and um so that's a all of those are huge questions there's certainly lots of possibility and I expect lots of debate and stuff will move forward on immigration and many of the barriers are now gone but in terms of really what the specifics are and how what they want to move it's tough to know and I will say Obviously um now that we're moving to essentially one party control of the state house um

[222:01] we wouldn't say a totally dissimilar thing about a lot of issues right now because ultimately um in Colorado we have this crazy system or interesting system where every bill that gets introduced is required by Constitution to have a hearing and a vote and then every legislator then gets to introduce at least five bills so they're going to be 5600 bills at minimum introduced all of which um are under one party control and so if you're a Democrat introducing a bill it can automatically have a very good chance of Passage so all that comes back to that the leadership of the state many of whom are actually from Boulder um and including this new governor are going to have really tough decisions to make about what what do they prioritize what do they move and what do they want to have become law because it's different than it's been for the last few years where we've had a split legislature and Democrats would introduce stuff and the Republicans would kill it and Republicans introduce

[223:00] things and Democrats kill it so it's a very new lay of the land and really kind of too early to know what are the major things other than frankly what um governor elect polus talked about in the campaign obviously those are big issues that I think we'll sort of start to define the debate okay I will resist the urage to ask you to progn um yeah thanks so so I wanted to just see if you could give a sense of what your expectation is on a couple of of big things I mean energy I think we have a pretty good handle on that you couldn't say anything specific because it's going Governor po has campaigned on stuff everybody probably who got elected who's a blue um was campaigning on on climate change and renewable energy so there will be a lot there there's one specific de Boulder that I want to ask about it's small but um the legislature has come after our

[224:01] red light cameras for you know years now and we've had to defend that do you think that's going to happen again we were just talking about that as we sat down I think um here's what I would say is that I I think we will likely see a bill about it again um we have lost an ally in the the voters in the city of Aurora on Tuesday repealed their program around red light camera so they told the city to pull them all out we had a strong Ally there because um the Aurora delegation is quite large and was quite active in the debate with us um so we have lost a friend we've also lost a key Ally in Governor Hickenlooper who as you all all know came from the city of Denver who has a red light camera program I have not spoken to uh governor elect polus about it I don't know if any of you have so I honestly don't know where he is but I think the fight within the legislature has gotten harder and

[225:00] that uh it will be um important that the governor is on our side and particularly if he threatens to veto a bill I think that that's important the one piece of that that is good news is that uh Casey Becker is going to be the speaker of the house and has stood with the city in um in opposing the efforts to repeal those programs and obviously she'll have a lot of influence good and um so the the fact that the city of Denver has a red light program is probably pretty helpful Cas very helpful but but for they are the um poster child for the abuses around the system because or perceived abuses sorry perceived abuses city of deor people who are watching perceived abuses around the system because unlike the city here who sort of Nets Out close to zero or just a little bit of Revenue they actually generate quite a bit of revenue from their program okay um and then this one will probably take

[226:02] longer to answer but um what's your sense on oil and gas regulation yeah um I'm just curious cuz we've had you know statements from the governor as a candidate how do we think he'll actually govern that's one question and then what do we think about the legislature year it's it's um I think it's a very good question and you know unfortunately I'm not going to give you as long as an answer as you'd like ultimately I think that issue particularly really comes down to what the new governor wants to do and um he had some comments today in a Denver Post article that weren't super expansive but um there will obviously continue to be a lot of pressure from U members of the legislature will continue to advance that and Mike foot is was one of them and he's gone at least for now but certainly others will step in and take its place so it will it will continue to be a debate but I think there are still um certainly on the

[227:00] Senate side a few more moderate leaning Democrats who are not just going to go along with a huge push I also think um it will be interesting to see how the oil and gas industry positions with this this new lineup because on one hand they defeated 112 and only took them 30 million bucks well that's the thing and really $40 million and so if you're those guys and you spent $40 million to 0 million and the other guys still got 42% then you should probably be pretty worried that it's a significant issue so it is uh it's still going to be a big fight uh I imagine there will probably be some changes made this year but it is really it's really in the hands of the governor to decide what he wants to see the legislature do or not thank you well I guess the the defeat of amendment 74 and the fact that they managed to I think it's s to say anger a lot of people that used to feels allied with

[228:02] them well I I definitely think that in the last few years the oil and gas industry's overall positioning in the legislature has um hurt a lot of the relationships they had with Democrats and they have a much more aggressive approach okay and then one last question Transportation a lot of work went into 110 um and that I'm just curious in terms of Big Ticket items are people just done thinking about Transportation no I think not um I actually had a long talk today with uh somebody who is very involved in 110 and represents the contractors at the capital and I think that they um they will continue to push as well I I assume lots of local governments um it's a problem that's obviously just not going away because we didn't vote Yes on 110 and I assume that the legislature is going to take it up I I know that um many of the people I've talked to in the legislature know that

[229:00] it's a problem and they've got to figure it out I just don't think anyone knows what the solution is at this point but I think it will continue to be um front and center in the top several issues that the legislature tries to deal with last question you just said the top several how how do you list off the top where the bulk of energy is going to go to what do you have a sense when Economic Security yeah I think look I think that the you go back to if you have to talk about this now and it again it is so early because we don't know who's going to work for this new governor there's so much still to come in the next few weeks but it's the key things he talked about in the campaign right renewable energy um he talked about Healthcare so I think there'll be a big push on Healthcare um he's got a big priority around uh preschool and kindergarten with really I think that the initial priority seems to be around kindergarten um that's got a price tag and so balancing that price tag with

[230:01] things like transportation is going to be a really difficult thing um and then I think there's obviously a couple of uh big fights that have happened in the last couple years in the legislature that have died on the Republican side like family leave um some other sort of progressive economic issues that are likely to come up and be significant um those are the ones that jump out sort of immediately okay is that good okay um well just going to get really interesting so uh next time we see you we expect you to have the forecast all figured out an interesting in the fun way yeah I hope so we we'll be able to tell you all of that in May in May what do we pay you guys for again to be able to tell you what happened in May yeah fair enough okay well um anything you want to tell us that you haven't I mean we're just asking you questions there anything you want to say no I mean

[231:01] I think you all probably read this in the news but this is the biggest blue wave at the state level since 1936 and it looks like right now there will be 41 Democrats in the house house which is higher than any time in modern history I was the chief of staff in the state house in 2008 and we had 40 at one point but sort of because we really elected 39 but then a republican flipped so anyway this is a whole new territory and not only are we being a little hesitant night tonight in describing what's going to happen because it's so early but it also really is a new Dynamic with um you know we're going to have committees in the state house that have six Democrats and three Republicans lots of them and that's a whole D we we haven't really worked in that Dynamic before so it's going to be different okay let's hope it's much better mobile oh mobile homes so as I

[232:00] stated earlier we've brought up um at the state level different um different um bills that we wanted to get passed and it wasn't just city of Boulder there was Fort Collins Westminster different communities what do you see the possibility of bringing those forward uh I think um the first thing is that your champ the champion on those issues was uh Senator John Calis who uh was elected as a commissioner in larer County on Tuesday night so he'll be vacating his seat probably around the first of the year also and I think that without a strong champion um that I don't know if anybody else is going to pick up that mantle so um somebody hopefully will but I think you need to find somebody or we need to find somebody to to carry those things and then um I think that the environment is uh as you noted in the

[233:02] discussion earlier the environment is a lot different than it has it's a lot different and what was being asked for in these bills is very minor and would make a huge difference to the lives of people who live in think you're going to have trouble finding a champion I think I'll find one thanks there's a uh the other thing that will didn't say is that the new crop of legislators I think is um much more Progressive than we have seen in a long time um particularly uh in the house that with a nine seat majority I think that the people that they elected um are look a lot different than the legislature did before and so I think that there will be some opportunities I think there will also be Challen challenges with that yep yeah okay thank great anything else for these guys okay okay um thanks we have a couple things for you Carl Aon and then Cindy yes side one thing U that I wanted to bring up about the legislative agenda I spoke with Carl about this a few days

[234:01] ago so one of the proposals was to delete one of the items which was uh number 55 formally realign the Colorado Transportation Commission to include population not just geography to ensure Fair representation of the metropolitan area so just I I wanted to reinstate some version of this um uh Zan and I were at a meeting with SE do the our our regional C do director a few days ago and uh I had not been in a meeting like that before but it seemed to me like the C do governance structure um is not entirely effective and often works against the interests of uh more populated and more urbanized areas like Boulder or Denver the Metro region so I I don't know if there's any chance of this going anywhere but after that meeting it seemed to me worth keeping in our legislative agenda because um the SE Do's priorities often follow more the needs of uh rural parts of the state rather than uh places more like us so if people are willing I'd like to keep that in the in the

[235:03] agenda I'm I'm ask question was there a driver for taking that out or was that just trying to trim down the size there's certainly an overall goal to minimize anything that's unnecessary Neary and it's it's something that when I started in 2004 I was there and I hadn't heard any discussion about it so I just didn't think it was relevant but uh certainly can reinstate it yeah so that we may actually have some movement on RTD structure this year which has never happened before or in recent times anyway so maybe this could be the a followup in a couple years it's not no 55 is a ton which one was it it's former 55 so it's right before current 51 okay okay oh I see real we had tried to tighten some of these things up like I'm trying to think of um the transportation funding ballot measure we we combined that with another one right so the transportation like I

[236:02] okay obviously Statewide Transportation fund is still going to be continue to be an issue um but you meshed it where did you move it with the very next position which had to do with it wasn't specific to a Bel measure as much as our overall position on needing new transportation funding so we kind of combined it and that position was yeah I see it now um well I'm just trying to figure out whether do you want to keep it separate or to fold it into our approach on Transportation uh if it's a bullet point in some other one sure it and it could be that RTD governance piece or whatever I don't know that I I no longer know where we're at well I the former 55 is on page 267 of the packet 267 okay so so one possibility then is position 49 talks

[237:00] about our need for new transportation funding for projects that maintain existing infrastructure and that are multimodal and design so we have already folded in what was previously or language about supporting a standalone ballot measure perhaps what we can do is to add the language as C dot uh and reforming the way C dot districts are are organized as an example because after all that's you know we're talk about representation from C dot we're often talking about funding and we could also add one about governance from RTD so if that's yeah I I think that would be great that if we could get both of those as as an item in the larger so which kind of sticks with our model of well we have an overall concept and then we have more specific examples but how it could be done so I could certainly do that thank you Carl and then maybe just um I think the the the point is to have um these bodies be a little more responsive to the needs of cities like Boulder so maybe the language looks something like that the governance

[238:01] structure changed in such a way that they're right more respons in fact I think language that you know it's Equitable it's effective and it's and it's um efficient yeah might work for both RTD and CT yeah efficient for achieving our goals code word yeah yeah know yep I have to speak up about this because I actually think that the opposite um but if the majority is willing to go with that that's fine I do think that in order to bring um us more um to a place where we are more united as just people um that I think that we have to give rural areas more consideration and not just think about cities and I will say that so okay but that's not what we're talking about it is in a way well no no we're talking about I25 the northern I25 communities outvote our region in our meeting with sedot there's four other

[239:01] little Regional bodies this is yours I guess I should let you talk well but it's not rural it's w County do you call W County rule well some of it is but it's about Highway funding over things like it and and Eco passes I mean it's and it's I I phrased it a little poorly it's not so much about making sure Boulder gets just what we deserve more but um I think about supporting our larger goals around Transportation like things like the ecopass things which were is is getting hurt very hard or things like multimodal Transportation over widening highways so it's that the current current governance structures encourage an approach to transportation that is not in alignment with our larger goals and those goals I think can apply to um it's not just about Urban versus rural in fact it may not be very much about Urban versus rural because it's where the transportation districts are located and how the fundings allocated

[240:00] among say the whole Front Range and so um I I think it's a little more like dense versus less dense right and so populous areas but how how you know how do you address the modes needed in cities rather than just expanding highways to go to suburbs that are being built forther way from the cities so we just have to phrase it right I think your yeah that's what I meant is these are Front Range battles um that we were talking about where we're getting out voted by really stuff like that um okay yes so I thought it would be remiss given this morning's news to not ask you to emphasize that we emphasize our concerns about gun

[241:02] violence that we actually and the numbers of weapons that are out there I don't know how we go about doing this but saying since we've moved forward on this as a community that we actually actually take it up as much as we can in terms of saying what our concern is excuse me having to do with our entire country and however we can push that forward Statewide City by City within the state right it's number is that number number I'm sorry it's number 30 39 support efforts to prevent gun violence right um there's a lot of these are the same same kinds of things but it seems to me that this is something I don't know if this was under this is under health and safety isn't it yeah but they're have been moves in nationally federally to try and and make this become a public health issue and there has been resistance to that but however we can

[242:02] move this ahead and bring it to the four I don't know how many times this has to keep happening yep so so with regard to um gun violence prevention last year you recall there was a bill that was called the Red Flag law bill that would have allowed law enforcement to take guns away from people who were deemed a threat to themselves or others um there is a 100% intention to bring that bill back very early in the session um there's strong support from governor elect pus for it and I I believe that you'll see it move fairly quickly early and so I'd just like to see us thank you just really put our voices there in support behind that kind do we even have red flag law it's not in we do not and we certainly can add that that' be great the people in in support of adding yes absolutely thanks for bringing that up cdy okay all right

[243:00] so was there another one nope is there um I I think the other thing is out of curiosity do we have like anything about uh bump stocks um fire rate accelerators you know everything that we just went through in April um it seems like that deserves to be at the state level as well cuz I think if it's done the way we did it it seems like it would be something that we would support this is absolutely Sam one of the witnesses this morning in this morning's news talked about watching this guy empty the gun and then reload it and he had extended magazines so again bringing whatever kind of attention we can in in terms of stopping the violence really is what we'd like okay so I could use some more Direction on is it is it to include language to prohibit the bump stock well if you look at the the legislation we

[244:00] just passed in Boulder in April I would think it would be generally supported that we'd like to see that at the state level I mean because we just went through what worked okay um does that does that make sense to other people yes well it would be good to word it in such a way that's General so that we can in case there's something that is more creative or a little different from what we passed that we could still support it so something that captures the concept of what we pass locally would not get into too much detail that may not be applicable at the state level I think so yeah you could say examples include high capacity magazines bump stocks uh silencers uh you know whatever whatever the language will that we used here you might use those as examples of Tom yeah Tom will tell you I do think we should we have an ABC I think we should have red flag as a separate one um and then another one

[245:00] about basically in generally limiting access if we want to say to assault weapons and or assault weapons fire rate accelerators um Extended capacity magazines everything that we just did Tom just while we're at it um we also have in the city we have laws about how um guns have to be locked up if you have children in the home so I don't know if that's addressed at all in the state legislature but you know keeping guns out of children's hands or um where you don't want them to end up um and I can't remember when we passed that I think that was like 1999 or 2001 yep it was it was 99 I think I think so yeah okay and so the and it could be that you

[246:03] could you're going to draft some language if you want our input or you want to let us know um this is going to come back to us on December December four okay so so far um we have C do language we have in RTD we have red flag we have this sort of catchall on assault weaping issues have the rocky flag Lang I mean the whole the list we just said military style killing weapons yeah that bucket yeah right but the lock boox and the are two different things and when you look at Public Health and safety many of the deaths that happen are my children okay um what else have we was there another thing yep well I'd like to bring up um I don't know if this is in here

[247:00] anywhere but the idea of um addressing mass incarceration and um you know we just had this jail um ballot initiative that seemed to add address mass incarceration in the only way that a sheriff um can address it which is at the tail end of the the justice system so if we could address things at more of the front end and support initiatives um as such I think it would be important can I would agree with that what what I don't I don't think it's in here at all right but that we have to get probably more specific like are we talking sentencing reform are we talking sentencing reform Bond reform um just um decriminalization or for instance um people are still in jail for carrying

[248:02] small amounts of marijuana and now it's legal for instance um another one would be um just the holding people in jail prior to waiting to await awaiting um their hearings um so so do you get what you need on that are people um it sounds like Tom can help me out we do have a POS a section on municipal courts and that could very well be an appropriate area to add it so if that is something that the council is interested in um item 32 on page 254 254 which policy number which policy 32 preserve the discretion of Municipal Court judges to oppose monetary bonding for offenses and instances of Public Safety or Flight Risk that's pretty different yeah I was going to say that

[249:00] the general area yeah I guess it would be a position right next to that one don't Mary I absolutely support that I just U and just the in terms of drilling in then then there's a question of drilling into specific kinds of policies that we' but you know maybe we could offer examples MH right it doesn't have to be done tonight but just it's the idea of it I mean I think in email that some of the things that you just said as bullet points because those can be either fleshed out or not okay okay if Bob Yates were here he would say good enough this thing's too long he would say we should have stop slashing so um yep so under the recycling another one that we've tried to bring up before but have not because of the current state prohibition against Banning styrofoam um and again I don't know who

[250:02] would carry that I could ask around but um while it's a small relatively small volume it does a lot of damage and contamination to our groundwater so following up on that isn't it in here um is there a section in here Carl on state preemption specifically because State preemption is the bucket that stops us from doing a lot of things so we could have a policy on state preemption and it could call out for examples plastic straws well we we do have a position generally speaking in favor of local control so it is kind of a catchall very often we can advocate for bills just by based on that but if we know of an issue that's even more specific we'll often create a different position under the category neoo and in fact there are some some some situations that we are willing to yield our local control for the greater good we know environmental issues would

[251:01] be the perfect example so it's we do have that catch all um in terms of your question about um starofmay it's the last s but we've never been able to bring it for because of the State pre guess the last sentence in uh you know what 12 is we would support the repeal of the prohibition contained in state law um on use or sale on local government bans on use or sale of plastic materials or products which includes sty MH um yep there are there is discussions about getting rid of that um so so it's there if I could real quickly Lisa back to the mobile home issue I I want you to know that is something we've been working on I do think that perhaps Ed hooden Could Be A Champion for us in some ways we've been

[252:00] involving her with the hope that she could help us out with that who did you say Ed Ed Hoon that's who I was exactly um and I definitely encourage you to you know let's work together if we want to go out and get sponsors it's um something that's of great importance to all of us and there's also a group called The cadoo counties acting together that have convened a um a group on housing and of the many things that we've asked them to to focus on is mobile home and more specifically right of well actually R first for refusal was one approach to get into it but the other side of the spectrum is incentives that would allow home owners to to be able to or let's just say incentivize the park owners to consider purchases right from homeowners so we're we're working it we think uh I'd love to talk to representative Hoon about it and let's maybe we can get together let's work together on that because it's I know it's a great um priority for the council right and yeah I mean it would

[253:00] be great if we could get more resident owned communities and um or cooperatives so how we do that let's let's see what we can do MH okay um you have a list yep I have a list as is usual I will take it I will revise this and I will bring it back presumably on consent you go always could pull it uh for December 4th uh it will be successful if you guys don't pull it that means I've heard you correctly and I've captured your thoughts um and then we will bring it back to present to the legislators on December 14th um I will work with individuals to find people to present those issues at the legislative breakfast to make sure that we have council members and not me speaking to our legislators um if you have any interest on any one of these topics please let me know um we'll be doing a trip to DC probably uh we haven't identified a date

[254:01] um and well I guess that's all I have but thank you thank you all for your I guess I do have one request um you're going to get us this draft again two weeks out I guess if if people want a Wordsmith stuff do it now um not the night before the the uh it comes on consent right so let's figure out a way to kind of especially stuff that we know that people have just highlighted to look at it earlier exchange edits put it out in the hotline so that we are yes I don't know to me that's a better process than we certainly please do call me so for example um Mary young sentencing reform I think Tom's got it I don't if there's any question I will certainly reach out to you and if there's a need to make sure that the council still agrees we'll ask Mary to put it in a hotline so that it's not just being brought forward for yeah I would float a draft I well I'll

[255:01] I'll send you a couple of links that where there's there's a whole bunch of items to consider okay okay in the interest of time all right thanks for putting this so well together thanks so much thanks you guys have fun with your new new friend Paradigm see you later I know we're we're going to need get her done we're going to need some check-ins it's going to be a dynamic section session oh and it'll be exciting yeah I mean I guess to put kind of a a period at the end of the the sentence here there will be probably some evolving positions coming um that are the result of what might be practical now that wouldn't have been practical before and so we didn't really you know work on it or emphasize it so you heard Suzanne talk about some of those but I think

[256:00] that I don't know if we'll see them before uh the fourth or not but it may be the in the mid session that we uh look at adding something okay okay yes the last few years it's just been defensive what do we need to defend against well we haven't gotten anything out of committee hardly right okay mosquito you are in the unenviable position of having to talk really fast about whatever you want to tell us okay we'll try to just hit the highlights and then um if you have lots of questions no we those quickly too yeah um so I'm r abany with the planning department and John Potter is here with me from open space and and Mountain parks and and so we'll give you a rapid um overview of the changes that were proposing to the mosquito program yes awesome so it's been um since 2003 when we implemented the program that we've made any substantial changes um which is

[257:02] why we're um at this point getting ready to propose some and one of the things I want to point out that's really driving the re the the that's a driving force behind the staff recommendation it's just a state of ecosystems right now so if you listen to the scientists what they're saying and we're truly in a biodiversity crisis which is why we're looking at ways of trying to um enhance biodiversity so the living planet um report was just released 60% of vertebrate populations have been lost worldwide and with freshwater species being the hardest hit at 81% and insects aren't fairing any better um we're not just talking about intensive egg areas but even in nature preserves are seeing losses as high as 70 or 80% of um insect biomass so why is it happening and using honeybees as an example it's the one of the biggest problems is habitat destruction and fragmentation pesticides climate change among a lot of other things like disease

[258:01] but together they all are causing um some pretty concerning issue um changes in biodiversity so what does it matter other than the intrinsic value that these organisms have um and on their own well ecosystem Services we rely on these organisms and the ecosystems that they belong to to provide food and water and climate regulation and all the things that we need to live uh one of the another thing that's really important about ecosystems and why it's a priority now for our climate action um commitment is because we know that it's um that healthy forests and wetlands and grasslands can sequester up to a third of the carbon necessary to get us to our two degree goal so it's another reason why it's really important that we protect ecosystems and they're also um it's something we've known for a long time that's part of our um ecologically based integrated Pest Management program that we realize that one of those EOS ecosystem services are

[259:00] is natural Pest Management and when we apply a product we often cause a lot of unintended consequences and take out some of the natural pest control that's there so going back to when we um lost um had our when we developed our program and before that we didn't even have a mosquito program was in the midst of the West Nile outbreak in 2003 I if you can see the picture in this old newspaper clipping that that's a helicopter where they were spraying insecticides over a wetland in um around the Fort Collins area and we are under a lot of pressure um to just do the industry standards so mosquitoes as you all know have um a life cycle where they have a terrestrial phase and an aquatic phase and there are pesticides that that Target every single one of those um points in the life cycle so they're insecticides sprayed for adults um oils surface oils that are used to kill pey pesticides growth regulators and bacterial products that are used to kill larvey and um when this program was

[260:01] developed all of those were found to be unacceptable for the environmental and non-target impacts except for um The larva side bti which is a bacterially a bacteria um so there are two different um major groups of insects Vector insects those that carry disease and then the non Vector Nuance mosquitoes and our program initially was focused only on Vector mosquitoes and they happen to be different which is good for us um because you can you need to know your organism to be able to manage it effectively um and one of the things that we're lucky about and is it just happens at theux mosquitoes which are the vector mosquitoes here look different so the field technicians can tell the difference with their naked ey so they all come up to the surface of or almost all mosquitoes come up to the surface of the water to get air and they have this siphon it's like a snorkel that they um stick up there to get some air and the cix have long um angled ones which is why the field technicians can tell the difference so the basis of our program was to map all the breeding

[261:01] areas potential breeding areas and then the field technicians go out every week and they dip around with these cups on sticks and then they look count how many larv are there and then um our program is there were um CX Lara than they would treat with bti so our current program we have about 568 um sites are mapped if cxs are present it's treated with bti whether there's one or 100 and does doesn't matter what size um the site is and then we added a nuisance program um in 2007 where a subset are treated if there's only nuisance present most of the time they're both present about half the time they're both present so the nuisance mosquitoes are just because they're present with Vector another important part of our program is adult trapping these are traps that are um in the Boulder area most of them are rs some are cus and some are counties how does those work they just suck them in how do what are adult trap um they yeah there's well there's two

[262:01] types but the main one that we use is a a light trap so it has light and then it has a carbon dioxide Source usually dry ice so it just attracts them in and then they're caught in these are just for monitoring and Counting populations right yes well we monitor them so that tells us what species because they're they're keyed down to species what species how many and where they're located and then we have a subset of Sentinel traps where we take those qlex mosquitoes and send them to the state for testing and that's how we estimate West Nile Virus risk and I should plug us and say that our contractor developed the vector index with Boulder data from 2003 which is the gold standard Across the Nation for estimating westn virus risk so that's what happens when you hire hire an ecological consultant with fresh eyes to look at a problem um so what's changed since we developed our program well we have 15 years of data about mosquitoes data most others I don't know anyone

[263:00] else who has a kind of data we have for larvi because we count and separate the two major groups we can have more information about actual risk of West Nile and then we have a whole lot of recent studies about the ecosystem impacts at bti so the information we have is what we just said that we have um information about the adults and the larve and one of the things we found um comparing our average trap data to the county level is by and large the orange bars of the county tottal traps um numbers and then the blue lines ass that pretty much mirrors it so when we have high mosquito numbers regionally we have high numbers in the city and vice versa of course people give us credit when they're low even though we have nothing to do with it and blame us when it's high when we have little control over that and we also have a whole lot more information about West Nile RIS to the community so these numbers these orange bars are just cases in Boulder County so this is um Boulder's not pulled out of

[264:01] that but it's just our local um County area and as you can see in 2003 in the epidemic year we had hundreds of cases and seven people died it dropped off a lot the next year and then um it stayed fairly low since then as far as cases go and we unfortunately we've have a have had a few people die but most years we don't um and then a study luckily for us was just published um last year where um these scientists looked at um 10 different states and one of them was Colorado where they had pretty much I think they had the most data from us and they looked at the drivers that caused West Nile cases and for for Colorado it's human immunity and that's because when people are infected with West Nile 80% never get sick but are immune they don't even know they got it um and drought is one of the other um drivers and in their model they predicted that we would stay pretty close to this you know so they don't

[265:00] think we're going to ever have an epidemic again we'll still have cases so we need you know to keep educating people about taking precautions but it's not expected that even under with climate change or drought that we'll have an epidemic again um and then we have a bunch of studies showing adverse effects from bti that we didn't have before so this is just a really simplistic um representation of an aquatic food chain but at the base we have the what we call the producers so algae and bacteria and plants protoo things like that and the next level is where the mosquito lvr as well as tadpoles and other Aquatic flies the animals that eat those things below and then of course they're eaten on up the food chain by other animals and what we know about bti is that it kills all aquatic fly larvey so that's not just mosquitoes but it's things like non-biting midges which can be you know over 100 species in the Wetland crane flies a whole bunch of other species um and we there are studies showing a potentially lethal toad poles were just exposed at field levels for 48 hours

[266:01] they get intestinal damage um in your packet there was a photo from one of the paper showing that and then of course there secondary impacts of the food chain so when you take out that whole level um it changes the water chemistry it changes the bacterial um components and protozoans and those that lower level and then of course it has impacts on up the food chain but the great thing is that healthy wetlands are actually ways of controlling mosquitoes which a lot of people don't realize but this is actually from the Indiana State Department of resources their handout and um the work that Purdue does showing that some people construct Wetlands just to control mosquito those So based on a lot of this work the staff is is proposing that we instead of treating all our breeding sites the same that we categorize them according to Quality and then we have these four rough categories based on quality and breeding potential and so what we're proposing is that we

[267:00] treat high quality sites differently than we do lowquality sites but we're not just going to say let's just ignore them and leave them alone we we have we're we're working on protocols now to train um ecological field tech that will go out and measure what's happening with mosquitoes but also look for indicators of ecosystem health and natural enemies that are present and we saw several sites this last um season where we went out with our crews and we saw beautiful examples of that sites filled with salamander and and frog larv and every insect you can imagine and no mosquitoes so we know that that this um is a that this works and then with our lowquality sites we can strategically use bti on know and then the difficult area are those high quality hyb breing sites which um will need to be treated most likely with bti especially if they have CX present so right now staff and Consultants are we're completing our data analysis we're continuing with our literature reviews and we have um two

[268:01] different Consultants helping us develop the field protocols and then the our staff we're also adding some components to the program we're working um with open space on an irrigation management strategy and we're working with our urbans our Urban Crews so Parks Crews and um Public Works Crews to be able to um find breeding sites in town and deal with those and then education for private property owners is another big component that we are want to step up and so if um if you give us direction to continue on this track uh we'd like to move quickly and get an RFP out and this this year so or this coming year so that we can implement the plan in April so our staff recommendation is that we revise our program to be an Adaptive management plan that SES specific where we come back every year as we're going to be learning as we have these ecological field texts out there and revise our plan to make sure we're doing as good a job as we can and take that

[269:00] information we're learning um from the ecological um data to better manage our properties as well and so our main focus is we want to be on more ecologically sound treatment options oops that's it so um you have any questions yep Lisa so I have to and this was a great um presentation and the very very good report but you know um you um you had talked about irrigation management strategy how are you actually going to do that I was just kind of curious is physically how how you might do that and you don't have to go into big detail I know it's late but well yeah and it's a it's a kind of a big issue and it relates to how we manage our agricultural lands on uh open space and so some of the things that we're looking

[270:00] at are timing so is there a way that we can back off on when the water is supplied to an area um so that it coincides with the breeding times of the mosquitoes so you know if we know that an area is dried up at the right time we may be able to stop a cycle of uh breeding and that that kind of thing also just making sure that we don't have tail water um holding up in areas where we don't want it anyways and it it serves as breeding sites thank you and then my second question has to do with um ecological control so we know you know um different birds and things really like different kinds of mosquitoes do are you thinking at all of of trying to introduce some species that would eat the yeah we're we're looking at a whole range of things some some you know we have some sites that are doing great and we want to see what those attributes are why they're doing great but you know there

[271:01] are things like as as far I mean we don't want to bring in any invasive or non-natives but some people are doing things like breeding copap pods which are little crustations that are native and then introducing those into certain Wetland systems and that seems to work really well so there's a whole lot of things that are out there and we're coming up with some ideas of our own to try too but you know you can attract the men you and it's mainly insects that are really great aquatic insects that are great at feeding on mosquitoes at the laral phase like dragonflies and adults too terrestrial so we can enhance we can introduce we're looking at a lot of things thanks I wondered if you'd heard I heard just recently about some genetic work that's being done to make uh mosquitoes sterile have you heard about this yeah there there's there there's some genetic engineering and there's also bacteria that they're using um to and and for

[272:02] they're they're doing those types of projects mainly on really significant public health issues like zika or malaria so I don't know if that would have um much um I just wondered if it had reached other other levels or if there's any possibility of that happening because the numbers I have to say were pretty horrific over there in in southeast boulder oh my gosh yeah and and you know the the the whole thing with mosquitoes is that the more habitat destruction there is the more human disturbance the better they do and they don't need high quality in fact um a lot of them the more polluted the water and nasty it is where they like it where of course the Predators and other animals that it it makes their species I mean their population crash yeah and then of course they move you know they're carrying air currents and there's a whole you know we we are trying to look at some things we can try around there like even putting some floating traps out further and further

[273:00] and try to figure out where they're coming from and locate the the potential sources whether it's on our Properties or others but it's a difficult problem there's no absolutely this was a really great presentation it was very interesting about mosquitoes and larvae and such but I'd be curious as well if you do if there is any possibility of looking further into doing something that would be get rid of them for good or at least theity I think we want to get rid of them but um I'm curious about the public education component You' you've said some really interesting things here tonight that I did not know and I'm guessing others do not know like about West Nile about healthy Wetlands being actually a great way to address mosquitoes I think those are things that anyhow we would benefit to yeah um this was useful for the public to know this was one thing that came up at the open space Board of Trustees meeting as

[274:01] well as how can we do better to be more transparent about all the good things that we we are doing and and having an impact on the mosquito populations and I think that would be a big part of this plan well and just to bring people along you talked about adaptive management which makes a lot of sense but part of that is telling people hey this is what we we've been doing and this is what we learned and so now we're going to do this and you know like so that yeah I think we want to educate the public that's dealing with the outcomes um so they can understand and appreciate the challenges because most people in town um I think care a lot about ecological ramification um so you kind of want them to understand what we're trying and why yeah and we are we we we've all been so busy we haven't been able to get it done but we've been talking to Channel A our Communications team about creating short videos you know like one minute videos so that we can get this information out

[275:01] to people and then we're going to be spending more on the ground time I mean we've SP already spend a ton of time with green Bel Meadows but we're going to be spending more time and going out there and walking the areas with them because they the people who use that area a lot who are outside on the trails can probably tell us like you know which areas they're they're coming from or at least you know we can hopefully start trying to triangulate where they're coming from Sam and then Lisa I just want to Second what Zan said I know that there's limited time and limited budget and limited mind share but if around the time when the mosquitoes are going to start coming out you were to go have a couple of of open houses that lasted a couple hours in Green Belt Meadows in the places where you know most of Boulder doesn't really feel this problem but one part of Boulder does and so that's the part maybe to concentrate the Outreach on and do just what xan said really which

[276:01] is and and do it right before they have to experience it and then may be right after because that's the and maybe in the middle you check in with them but you know there's there's a handful of them that are handful of the people who live there who are really active about this and if you had them pretty well educated they could disseminate that knowledge to their friends and neighbors who live there so I I don't think it should be burdensome on your guys' time but I think it would pay big dividends on the understanding it really does we we did an office hours with Brenda during the summer last year and some of the people have been V most vocal and had written you repeatedly um when we actually had time to talk to them face to face and and explain how this whole ecological Control process works they really got it and they were super supportive and then one of them said well I always go to this one Wetland and take my lawn chair because there are no mosquitoes there so

[277:01] I think people when they start paying attention to what they're experiencing when they're out there they'll they'll get it so I I think you're absolutely right so so in your efforts it seems like you're mapping these wetlands in terms of quality wetlands and not quality and I wonder um if it might also be helpful in the education component if you point out you know in people's private wetlands in their backyards or whatever you know here are weeds you definitely want to get rid of from your from your backyard so that you're bringing in healthier grasses or you know know um things like that and I think um right now if you go and try and find that information on online it's kind of difficult and so I think that could be very helpful I mean we have what is it 18 tributaries that come through um Boulder and so those are 18

[278:01] areas swaths of of wetlands and so you have a lot of property private property along those and I think people would very much want to engage in how to improve their Wetland and how to communicate that with their their neighbors and so anyway that would be very cool once you start getting this information to put it you know on on website or yeah we plan on really ramping it up on the website so people know what we're doing last word I just have a question about your you talk about the high quality High breeding areas M where where would that be um probably one of the best examples would be like Sombrero Marsh would be uh High breeding and very high quality natural Wetland it's an area we'd want to be careful about how we're managing it um but also realizing that it's in the

[279:01] neighborhood and uh breeds a lot of mosquitoes but isn't that a contradiction in what you said about a healthy Wetland yeah and supposedly being one of the best things to Devour the mosquitoes yeah I mean it would be one of this this little group here but the other thing with sombero Marsh is in 2003 when we started this program you know where we were trying to kill every single culu mosquito Lara we could find someo has been treated every you know multiple times every single season for the last 15 years and so you know we we obviously can't stop treating it but as we learn more from these other Wetlands we might be able to start applying some of the principles to SoMo so that we can hopefully start cutting back on the bti going down on it because it's never going to totally recover as long as we're constantly hammering it because it'll have the negative effects that you also delineated yeah wow I didn't realize that I mean that's an education area where people go to learn about healthy

[280:02] Wetlands it still has a lot of biodiversity you we've we used to send an aquatic entomologist out there every year to check it but you know it's being altered by bti going down and we put about 15,000 pounds of bti on our Wetlands over the last few years because we put about 1,000 pounds a year so we think we can do a lot better than that wow and on that note yes well I well I guess I'll just say in in defense in 2003 we thought bti was was the Silver Bullet well and people were dying and and people were dying and we didn't want to apply pesticides so um I'm glad you guys have done this thorough study and recognized the some of the damaging influence of bti but it still seems to be one of the better preferred it is if we're going to use a product it's the best option we have and you're absolutely right that they did the very best they could they you know what the

[281:01] program that was developed in 2003 literally changed the mosquito industry because of the work we did here in Boulder so you know even though we've had some impact we've had much much you know many fewer than we would have if we just done what the mosquito industry wouldn't it is to do at that time right and it's much better than spring yeah well thank you very much I think in the interest of time we'll leave it there um but it's it's really interesting and you and you're all fine with us continuing on this yes absolutely this is really good work yeah come visit me in cix's Basin up in Yellowstone you you all really have done a f fantastic job at retuning the program thank process we're excited about it yes it was it was fun reading the memo yeah don't hear that too often I did keep squatting myself you have a buch of nerds

[282:00] okay here we go wow what is it that makes you all sit way in the back come on up we are a little scary we we are clean smell I SC come on took a shower this morning okay so our goal is to get out of here 30 okay up good evening I'm hert fernow director of Housing and Human Services and um this evening we're um I'm going to do a a relatively brief um uh presentation on the uh the IGA between on 30th and pearl between the city and our Housing Authority um BHP and the the intent is um we'll have a motion um at the end and our intent is for you to uh to approve

[283:01] that so just a a brief history the city purchased this site um 14 years ago and um it's in a very um Transit Rich area of the city in 2016 you gave us um guidance on the outcomes you wanted for that site we're anticipating that this IGA will um bring to fruition um those outcomes that you were looking for um we had an RFP that you're aware of and um earlier this year we signed a um development agreement with sooko um development partners uh BHP was a a partner in that um after a few months um we uh decided to transition away from that agreement um and um tonight we're talking about that transition towards BHP um one of the items that's really um

[284:04] keeping a fire under this this project is the qualified census tract which is a a geographical um designation which um increases the amount um of um resources that come into the to the tax credits so this is really a collaboration um and it's um it's what we're really doing is taking an entrepreneurial approach to this site um through the um the previous agreement we basically you know hired a a private developer to to um implement this site within this approach we're we're really um acting as entrepreneurs with BHP to reduce risk on the site and to increase the value of the market Parcels of the property and using that um increased value to invest back in the site so BHP

[285:03] plays three roles they're developing the entitlements for the entire site they're bringing the infrastructure um approvals through and actually implementing or uh um installing the infrastructure of the the sites and the I'm sorry the the roads and the infrastructure underneath it and they're constructing and owning the rental affordable housing on the site so the first thing we're doing is we're bringing Financial Resources to the affordable housing but then at the same time we're creating value so um the qualified census tract um equates to a value of around $5 million um uh towards the project um BHP will also be bringing private activity bonds and potentially Project based vouchers as

[286:00] well um as uh BHP will be working with us as co-master developers um for the site they won't be charging a Master developer fee um but their Co their direct cost and providing that service will will be covered um by bringing this through the entitlement process um we'll be um increasing the value of the land of of the parcels which will be holding the market rate development um we'll take that increased value and we'll reinvest it into Community benefit what community benefit looks like on this site um is is primarily through the affordable housing um but it's also creating um a larger variety of of Amis um on the site so we're we're able to reach um a more diverse um um group of households that

[287:00] will live there in the future um multi-generational um housing as well and permanent support of housing but Kurt can I interrupt with a question so those three bullet points um for Community benefit they all look extremely interesting and like big benefits were they part of the zoko proposal and we just didn't hear about them or is this a new development um they are they are different in some ways the um and there's different approaches zalo approach this um from a perspective of trying to maximize the site and getting the most value out of it and and therefore getting the most affordability out of it as well however they did that by having um a large number of units so we're going from I think roughly about 315 units to closer to 275 units so

[288:00] we're we're reducing the number of units on the site but we're creating a larger variety they had a lot of micro units on the site so um now as much variety and we're creating um more one two three-bedroom units more family units um as well as um um uh um a whole section for um adults with developmental disabilities um and I'll talk about that how that sits on the site now we're actually pretty excited about that um the the permanent support of housing was also on there as well but with uh with um BHP um looking at bringing Project based vouchers it makes that a much more sustainable approach um so this is um this slide is

[289:00] looking at the affordable components um so in quadrant 2 that's your upper leftand corner um that's along 30th Street on the north side of the site um that would be 8 880 rental um apartments and that that quadrant would have quite a bit of diversity of of of um um sizes and types Quadrant 4 would be the middle inome um for sale units that are affordable to Middle income and we would be doing that through um uh we're anticipating a co-housing approach there and then quadrant four to the South would be 20 units um and and those would be the only I would say small units on the site um for singles and couples but then also 20 units for adults with developmental disabilities as part of that you'll

[290:00] notice the hatched area um at the bottom um this would be a um community space where those those um individuals with disabilities would actually um receive services and we're also looking at having it um be a a retail space where they can actually work in the retail space I keep P oops sorry I keep pushing the wrong buttons here yes I was just I was adding up and anyway I was waiting for more unit so there they are they're coming and I had I had a question about um the retail and the young adults um yes are you by chance working with Ramble On Pearl yes we are great the thing that's cool about that is they wouldn't have to change their name they'd still be on Pearl oh

[291:01] they just ramble over a little way exactly so the um the the two um um Market Parcels quadrant 1 and quadrant 3 um uh so Quadrant One um that would be town homes and condos uh 75 units um there would not be any affordable in quadrant 3 or quadrant 1 um and um the Quadrant One um I'm sorry I got those mixed up quadrant one is 75 units um those would be uh condos as well Our intention is for those to be for sale units but if the market changes um we may have to consider some portion of rental but that's certainly not um Our intention one of the things I'll mention

[292:00] um as part of our approach is um you'll you'll notice we have a lot of plus and pluses and minuses um the reason for that is that we are going through an entitlement process there may be changes in unit numbers as we go through the entitlement process but also because we're taking an entrepreneurial approach um it's actually based on what we're going to be able to sell quadrant one and quadrant 34 um the more value we get out of that the less risk we take or the more risk we take away the more we can invest in the site so can I ask a little bit about how that will work so when you say you're taking it through the entitlement process is that like a full site review level that you're anticipating well it is form based code um so there won't be a site review process it will be the the form based code process right okay so but fully so we will be entitling all the buildings on the site that's correct so then you would be selling the parcels to a developer saying you get to build this

[293:02] and then they can toy with some of the internal details and what have that's correct okay thank you H sorry about that um so the here we go the commercial um is in um quadrant one on the on the ground floor along 30th and Pearl and those would be um uh smaller um spaces for um uses that would activate this the neighborhood and and really The Pedestrian level so again um Our intention is to have affordable commercial space here but the amount of commercial space will again be based on the value of the sale of the land that we can get from those two quadrants the city pocket park to the um

[294:02] um um uh North northeast corner will be developed um at the same time um uh by by uh parks in open space um so the parking um there's there's three underground parking areas um quadrant 2 will basically be parking itself um and that will be uh where the affordable units are quadrant 3 will be parking itself that's where the market units will be quadrant one will be parking itself but also it will be parking Quadrant 4 um because of the types of um users um in the residential um units on Quadrant 4 we we're not anticipating that they will have um as high a need for vehicles um that's where um the adults with um disabilities will be that's

[295:00] where the co-housing will be and that's where the smaller units will be and those those users users are typically not don't have the same um use of vehicles um we'll also be um um looking towards sump but you'll notice in your in your memo it said um as as possible through the the financing mechanisms so instead of using sump in some areas we'll be using sum um and um with the Lite funding on the rental units they don't allow you to charge the residents for parking so the parking will be part of their cost of of the units so it still will be shared unbundled and managed but it will be paid by um BHP who will be the owner of the property so it'll be some some sump with two peas at the end prepaid

[296:02] [Laughter] sure um just ask a question sure about that so when BHP rents and somebody doesn't have a car do you give them a reduction in the rent or is it just spread across I mean it seems like maybe not uh yeah Jeremy Durham Boulder housing Partners thanks for having us here tonight um so it's a good question and we may be able to get there at some point uh that isn't currently part of uh the way we operate and it's not the way we've modeled this uh so the way that that works is um um if we were to give somebody a discount then that would of course affect the revenue that comes into the project um the challenge is is that when we plan the project UPF front we size a loan assuming um a certain amount of Revenue and that loan ultimately determines how much money we need from the city and other sources and

[297:01] so the bigger the loan the better um and there's no real way of knowing um which residents would um have a car or not and ultimately um so we just sort of keep that kind of flat but it's something that we we're interested in looking at in the future so are you concerned with overp parking it or uh no not here and uh bill could talk a little bit about that but we feel good about the ratios that we have in place here there I mean there sort of sort of aggressively set up to assume that this is a Transit oriented site and we're going to be trying to Target um those kinds of residents um in general so yeah it's great and jerem just follow thanks for being here uh Just one thought on that uh maybe the if parking is a little tight and there are other uh users who might rent it from you you could maybe give uh somebody a break on their rent because you're able to rent the space to businesses for example so we we are actually exploring that um here even um it definitely introduces like a layer of complexity to the management aspect but that doesn't mean that we can't do it if

[298:00] it's the right thing so yeah yeah absolutely mhm sweet um I'm going to interrupt Y and go we need a motion to extend the move meeting all those in favor begrudgingly begrudgingly yes okay Carry On I don't know why we have to do this exercise you could change the rule rules just silly go ahead okay we're we're actually pretty close to the end here so the um um from a sustainability and resiliency standpoint um there will be a focus on a a fully electric site however there may be areas of gas where we have commercial kitchens and that sort of thing um it will also be built in such a way to maximize solar generation on site and there'll be um submetering and um um looking at um ways of residents being able to control their um their plug

[299:01] usage and their usage within their their units um electric car charging will be um in the underground parking so the timeline is is really important on this project um it was a tight schedule um a year ago and it's a a tighter schedule now um so when this project sort of change directions um about three months ago we met with BHP and took about two weeks to figure out what this how this IGA could be structured once we knew that we actually restarted the project so the project has been going for the last two months on the 15th of October the form base code um submitt was um submitted to the to the planning department um so plans have been pushed forward um and um we've uh

[300:01] basically moved forward in faith um 2019 um this is a very generic uh timeline um BHP will be working on um putting the financing together um over the next uh uh few months um you'll notice in in August there's a tech do approval building permits in in October and um a financial closing in November this is the timeline that we have sat down with the staff and gone through um and um agreed upon it's an aggressive schedule it doesn't allow for starts and stops um and um the thing that we have going for us is that it is a form-based code process which is pretty prescriptive and we will be following that that

[301:00] process um we will also be anticipating to um market and sell the two U Market quadrants as soon as we can probably the middle of next year um and we will be doing that as soon as the the platting has been completed on the site we can't actually market and sell the the properties until the plating has been completed so that's and we have to bring that through um um the tech talk process to to get there um so um there's there's a lot of things to um keep track of during this next year um over the last um month and a half the design team and BHP and um all the folks in the development review side across the street have been meeting um on a weekly or bi-weekly basis um to um really FastTrack this process and um try to

[302:02] keep it on track again with the anticipation of H hitting the qct um at the beginning of December um 2019 so you actually have to be under contract with somebody we have to have building permits and we have to have spent $50,000 um on the site okay um by that time by mid December yes that it seems tight but doable I think I mean because it's only having spent 50,000 and it's having a building permit yeah the 50,000 isn't the problem the building permit is the problem no I get it if we can get a building permit we'd pay a lot more than that if we could speed it up but yeah so so I have one more question why is the qct deadline there is it because there's going to be a new census and so this ran for 10 years I'll let Jeremy address that um yeah so so actually formally the site

[303:02] is already out of a qualified census track um uh the Census Bureau did their thing um ran different numbers with sort of different Prosperity metrics for the region and the site no longer qualifies however we saw this coming and so we worked with our um outside council at a couple different law firms both our tax credit Council and our bond Council and got an opinion that if we took certain steps um towards a bond issuance uh by the end of last year then we could preserve this status sort of lock in the time frame um through the end of 2019 so we did that and so even though the site's already formally out of that designation um we'll still be able to take credit for it so long as we're able to meet these deadlines in 2019 um and oh go ahead now just a quick question on the chaffa tax credits are those going to be 4% uh

[304:00] yes and you may have already said this but if we fail to beat this deadline what are the consequences uh well they most just monetary there's consequences and there's opportunities um so the the consequences is that we would lose the the $5 million in the qct um the opportunity is that we would um go after 9% tax credits or I I would say BHP would do that and we think um there's a very high likelihood that this project would be very successful with all the things that we're doing on this site and the the populations that we're serving and the the diversity of Amis um it may take it may take another year to do that um but we would be on track to um um to go in that direction okay Lisa you go ahead I just wanted to know why we're going for the 4% instead of

[305:01] the 9% um we're going did I hear that right would go for the 4% first uh yes so that's right so 4% and then also state tax credits so um Colorado relatively uniquely has um a state income tax credit as well which is meant to be bundled with the non-competitive 4% tax credits and somewhat mimic a 9% tax credit it's not quite as good um so why go for that instead of a 9% um Kurt's right I think this site is very competitive for a 9% but 9% are very difficult to get and so we'd rather go for something that feels uh more likely to have more than one bite at the Apple so to speak uh and so also uniquely here the expiring qct Works to our advantage and and the way it works to our advantage is that when the Colorado Housing and Finance Authority chaffa looks to award those competitive state tax credits they're going to know that if they don't award it now for this project the qct is going to run out and

[306:01] they're going to know that we're going to come back for a 9% so as they look to allocate limited resources they're going to understand that there's a window to get more baying for their Buck now in Boulder than if they wait and so we're hoping that that we're expecting actually that that will really help us carry us across the finish line to get the state tax credits which again bundled with the 4% uh will help this come together for us [Music] yeah yeah very impressive um and so the the tech docks and the building permits is that for the entire site or just for the affordable piece um well it's the building permit obviously isn't yeah it's actually for the infrastructure um but Bill you want to address that yeah so it's done in two phases why don't you go ahead and oh Bill Holi um cob architecture so the the plan is to do it in two phases the first phase is the entire site infrastructure all the RightWay all the utility improvements that do the whole site create the blocks and then the the three um affordable

[307:00] buildings so the tech do would actually be for the overall site Improvement the Master Tech talk is what we're calling it and then there would be a separate Tech talk for each building the tech docs for the individual market rate buildings in quadrants would be done by the developer that buys it the form based code approval would be done so as you characterized they would know what they're building but they still have to take it through Tech do and building permit so the form based code review that's just kicked off is for the entire site is that correct it is for the site infrastructure improvements and Roads and the three affordable buildings the second phase of form based code submittal will be direct directed at the market rate building so you're still going to fully entitle those but in a second phase yeah it's they're running it's about it's about a six Monon leg so that gives staff a chance to kind of say yes this is what we're going to do is where the roads go there's a lot to figure out in terms of infrastructure and then we can more easily plug the mark rate buildings into it great well that makes it more doable to accomplish this very aggressive timetable it does right great thanks thanks for explanation

[308:03] bill so this is um the point where you have any questions but I'll just let you know that the next slide um is the motion hey how often do we do these with you is this pretty much I the last time we did this type of approach would be um the holiday project um this has some similarities to that um and um but it's it's this is unique because the city owns owns the land put a motion on the table yep yeah so I move that we authorize the city manager to execute an IG with Boulder housing partners for the development at 2360 30th Street second oh this is a popular one Mary can have it I just say um we like it holiday was kind of a disaster so I hope this one no holiday was one of the best

[309:01] things we ever did so I expect this to be just the same yeah I'm just I'm very impressed that you've um saved our bacon on the QC I thought we were going to lose those $5 million so um really appreciate staff working so aggressively and all the team coming together looks like we're going in a really good direction I I would say we're not there yet um and this year is going to be really tough this next 12 months oh um everyone's going to have to really work incredibly hard so our bacon is potentially saved but at least there's a path that gives us a shot yes so I agree with Aaron and thank you for stepping in Jeremy and Boulder housing partners and um yeah I think it's going to be great and nose to the grindstone and we can interrupt these guys yeah remind us when we get to the retreat that you're busy yeah Sam fantastic work I expect that this will be awesome and I look forward to

[310:01] you pulling it off because even if you miss your deadline which we hope you don't of course you've even got a plan B in place which is a pretty credible plan Plan B so I think this is uh go as fast as you can but um be like you said going forward in faith I think it's a good thing to do because the communities that are being served by this project are it's fantastic yeah I would just add the the diversity and the thought that's being put into the community benefit aspects of this is pretty um outstanding and um anyhow I'm glad we're walking our talk on this one so exited okay then um all those have to open a public hearing Oh Good Golly we do sorry um does anybody want to speak to this are we are we voting on yeah we are voting yeah um does did anybody sign up to speak to this I'm just excited this has

[311:03] been on the table since before it 2004 and was something um that Tom Eldridge and others myself included talked about and had a vision and it really does take a long time to get these things implemented but it is really exciting to Finly see it on the table we know what it's going to be it's housing which is what we want it and um Tom would be very happy I know that so remember when we called it tvap yep yeah Transit Village and Tom used to sit right here so we can name the pocket park pocket park yeah maybe we name it after him all those in favor is unanimous thank you all thank you okay we just have two small

[312:01] matters before we go sleep outside oh yeah me too what we're just chatting amongst ourselves chatting amongst ourselves thank you staying up with us I know we're we're making this happen um so we have two two things one is um May protm expressions of interest and the other is this letter do you care which order same evening from here on it'll be short so I'd be interested in being mayor protim for the next year Aaron's done a great job um I view this as being P purely um uh programmatic position meaning that the primary duty of the mayor protm is to sit on the council agenda committee which is the committee of three includes the mayor

[313:00] the mayor protim and a rotating member of council and they set the schedule and so the primary function is to stay ahead of what's coming down the pike and to do planning so that meetings don't last quite this long um and to you know kind of choreograph what's coming down the pike so um I will be transparent and open about everything I think there were some there's always some concern that you can manipulate schedule and that determines outcomes but I very much just want to make sure that scheduling is done well that we get to our items on our work plan and that we have sufficient time at meetings to do a good job with them thank you for your interest in serving and we vote at the next meeting M business meeting next business meeting does anybody else okay then I'll thank an um Erin

[314:03] well we're going to do that next week yeah you can thank me a couple times okay matter B um everybody's got this draft letter yep so I mean it's not often that I think that we need to um comment on things going on at the federal level um we did it uh when there was the Immigrant band and we addressed the sanctuary City U piece I think what happened yesterday with the firing of uh the Attorney General puts us in a position where we could be in a con stitutional crisis at the federal level depending on how things work out next and I figure it's worth our time which hopefully will be five or 10 minutes to make a strong statement that we really want the investigation into the 2016 elections that are managed by um special

[315:00] councel Robert Mueller we want those to continue without any kind of interference to get to the bottom of you know the sanctity of our election process as well as due process um and so I just feel like my thought is that you know doing a letter to our delegation telling the individual members both the ones that are currently seated and the ones who are incoming um after this election that we value these things that we think our community does and that we think it's important to stand up for that and that we hope that they will adopt positions that are not partisan and will protect the the special investigation so that's all this is and um I did talk to Bob Bob's in support of it um I did not know that Jill would not be here tonight otherwise I would have reached out to her specifically to see what her thoughts were that's all I've got you're do and you the vehicle is a letter to the

[316:00] delegation the vehicle is a letter from us as a council to each individual member of our federal delegation so our to Senators Gardner and Bennett and then the um seven s sitting um representatives and then the two elected representatives I'm totally in support of doing this but I would just like to make one comment which is that I heard someone talking on uh one of the public stations the other day and two people Sam you said it and someone speaking earlier said it that we're facing a constitutional crisis and what this man pointed out was that we are not facing a constitutional crisis because the Constitution is what governs our rules what we are facing if there's any kind of Crisis is a presidential crisis and a governance one

[317:03] but the Constitution is there and governs us and I think I thought it was a good thing to remind ourselves that it's not the Constitution that's wavering here y it's how we all act around it yeah and would you say there's a cancer on the presidency and by the way constitutional crisis is not mentioned in the letter I did see that yeah I think it's a great idea okay yeah I certainly support this and I appreciate the format of the letter to our delegation rather than just sort of shouting Into The Wind that we don't want this to happen that um addressing the people who can actually vote and make a real difference I think it's a good approach to it thank you for taking that yeah and I guess I would just add I think um we I think do don't do this lightly um and uh there are times when we need to tell our delegation that this is a

[318:01] matter of of high importance and um so anyhow I I appreciate the thought you put in to this and and I will give credit to Carl Castillo and Jane for coming up with like IID said resolution and they said this format so that was their idea and the draft that this is based on I tweaked it somewhat but uh was put together by Carl so thanks to them for that Carl's been busy today yes he has okay um what do we need a a motion to if so so moved move second okay okay all those in favor you open and closed a public yeah I think oh I'm sorry well there is not a member of the public here um would anybody of the public like to speak to this patri okay we're going to close the public hearing let's revote that all

[319:01] those in favor okay I am signing the letter um in terms of process um I'll just note that didn't know we were going to do such good thorough work on the towing ordinance um I think we did a good job and it was time well spent I I will say it is hard to predict these things on cic um and uh anyhow well a lot of the issues that were raised and that we work through were not known about the last time that we scheduled this it clearly needed more than 60 minutes but we didn't I I don't think we knew all the details no and I want to thank you guys for all your support on this and to Tom thank you very much we do the best we can yeah thanks for bringing it Forward Prett thank you all righty well thank you all and um I'm going to go join the attention home sleepout so so is Shay and so is Shay

[320:01] yeah yes excellent oh you are that's why the meeting was I hope you brought some warm clothes I brought mine all right we are turned [Music]