November 10, 2020 — City Council Special Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] [Music] [Music]

[4:13] all right my dog showed up just in time for the meeting y perfect I think we've got everyone here off in just a little bit I'll go ahead and hit record soon sure that sounds great and I have 6:00 so I'm ready any any objection to going ahead and starting here done I will gble the meetings order welcome everyone to the Boulder City council meeting uh Tuesday

[5:01] November 10th um this is a special meeting of the Boulder City Council because we did not have a meeting last Tuesday because of election day I have one announcement and then we'll move on to roll call so the city of Boulder has decided to fill the two open ex officio positions on the Cannabis licensing Advisory Board which we did not fill in our March appointments these two non- voting positions will advise The Advisory Board will be appointed to five-year terms ending in March of 2024 the last day to submit an application for this board is this PM if you're interested in applying for the Cannabis licensing Advisory Board ex officio slots please visit the city's boards and commissions web page at bouldercolorado.gov SL boards commissions so we look forward to filling those two slides thoughts and

[6:00] with that um Debbie can we go ahead and do roll call absolutely council member Brockett present friend here Joseph she is here I I know she's here um Nagel here here wck is Weaver here y here young present may we have a quorum very good thank you uh the first order of business is I need a motion to amend the agenda uh we will add item 7A which is about an amicus brief uh regarding DACA then add item 8D which is the appointment of two community members to the police department master plan process subcommittee and the last item is is to move the approval of the 2021

[7:02] council meeting calendar to item 8e could I have a motion to amend the agenda no moved second great great we have a motion and a second so I'll ask if anyone objects to amending the agenda great seeing no objection we will uh amend the agenda and then I think we're ready for our covid briefings thank you mayor Weaver uh tonight we've got four items for uh related to our Public Health briefing and of course we'll start with first hearing from public health so I'd like to welcome Jeff Zak thank you Chris and thanks mayor and council members always good to be back is is somebody got the uh slides for me or do you want me to there and you can go to the first slide so uh unfortunately the news I

[8:00] bring you today is worse than the news that I brought you last time we are clearly headed in the wrong direction in Boulder County this is obviously not just a Boulder County not even just a state problem or a regional problem we are seeing this happen nationally and we're coming as you're going to hear to a critical juncture here in Boulder County where where where we really need to be diligent about what happens next this map is the two-e cumulative incidence rate uh on the state dial you've heard me talk about the state dial before um and there's three measures on the state dial that essentially dictate where we fall in terms of the dial levels so right now we're currently categorized in that orange category even though our rates are currently in the stay-at-home category so and that is the challenge and it's the challenge that we've been facing for the last couple of months here first with the outbreak with the University students um and then with the generalized increase across all populations that we're seeing again

[9:01] across the region and across the state so again we are categorized currently as orange but our incidence rates are in uh the state home level which means it triggers for us a a mitigation plan I'm going to show you a slide on that in a second so if you can go to the next slide this is our second indicator it's our twoe positivity rate and that indicator is still in the in the yellow which is one um category below we're actually at the next slide please and this is our hospitalization status at the end of this presentation I'm going to show you two things here um this hospitalization status is the number of days of decreasing or stable hospitalizations over a 14-day period Boulder has showed up as green um and you're going to see when we look at our specific hospitalization covid data for Boulder County that our numbers are consistently increasing and I'm going to have Emily Payne who's our data specialist talk about the difference between these two measures at the at the

[10:00] end of the presentation so everybody understands but you're going to see two two different things and I want just for people to understand that we are in this third indicator still in the green status at this point next slide so when I mentioned the mitigation plan this is cdp's typical time frame and I'm not going to go through all these points um what I want to make sure everybody is aware is that typically from the day that we that we exceed the category that we're in any one of those indicators so um because we've exceeded an incidence rate the day that we exceeded our incidence rate is the day that this this timeline starts and we are required to submit a mitigation plan to cdph by day 15 and typically we would have up to 28 days to try to shift whatever incidence rate is out of the current level that we're in back that's the purpose of the mitigation plan that's the purpose of the timing what you'll what you'll notice though is

[11:01] that in the last shift that we just had when we move from the yellow level to the orange level cdph moved us on the second week and that's because of the Steep and Rising rates that are occurring across the Metro region and across the state at this point so I just wanted to make sure everybody knows the timeline but that cdph as you can see on the bottom reserves the right to shift any of us in any County to the next level based on the seriousness of the disease next slide this is uh this clearly illustrates our challenge this is our Metro graph that you've seen me present as I've been here before uh you can see the red in Boulder County you can see where our highest peak was with the university outbreak in the 18 to 22 year olds we are already back to that level already here but you can see the significant challenge of Adams Denver arapo and Jefferson counties where their peaks are already way above where ours

[12:02] were in the worst portion of this disease um and again it's illustrative of the red that you saw on that first map uh where the rest of the state is moving next slide this is the graph that I've been showing you as well the the light blue on the top are Cu uh and Affiliated residents associated with CU and as we had talked about before the partnership between the University of Colorado the city of Boulder um and Boulder County Public Health has been extremely successful at really controlling this disease we are in a different stage at this point when we had this outbreak we were able to do a prescriptive approach because we knew where the disease was occurring it was in only one age category and we focused on that age category uh along with students who made a difference we wouldn't have been able to fully control this if students didn't take responsibility um for their actions and behaviors as well so that partnership has worked well we are see

[13:02] still seeing some cases climb we do know that there was still some partying occurring especially around Halloween and we need people to be diligent to not do that because that can kick our numbers back up again next slide this just again illustrates that we are almost back at that Peak that we were at in terms of our five-day average number of cases so what I need people to know at this point is that across the entire state not just in Boulder County we are beyond the ability to control the outbreak of this disease with case investigation and contact tracing we the state's capacity now is between a third and a half of the total number of new cases being able to be investigated in the amount of time that's needed most of our contact tracing is now having to be prioritized and we are having to reach out to people with letters versus direct contacts so at a Statewide level uh as well as in b County were in a pretty

[14:00] challenging situation and to go backwards a little bit and just talk about that in the context of the 18 to 22-year-old outbreak there was not a Statewide outbreak at that time so we could rely on the backing of the car Department of Public Health and environment who has 600 contact tracers and supports for us that we can use um and those are all now T tked out across the state so we don't have the ability to control this spread at this point with contact tracing and case investigation next slide this is the incidence rate and you can see that Longmont has the highest incidents at this point um and that Boulder is second with a lower rate this was reversed obviously when we were in on the outbreak that we were seeing with the 18 to 22 year olds but that is now switched over to longma and you can see the rest of the towns there next slide this just shows where our number of newly reported positives are coming

[15:00] from um and you can see again that the majority are coming from Longmont and Boulder and if you look at the unincorporated Lewisville and um uh Superior that those are much smaller comparative to the two largest populated cities which which it which makes sense next slide this just illustrates again that 18 to 22 year old outbreak and now you can see on the bottom here that that that incidence rate is now back closer to the Baseline and what I'm going to show you on the next slide is this this broken out more across uh uh these specific categor so if you can go to the next slide pretty busy graph what I want to illustrate here versus covering each line is that all of these lines are increasing you can see that across uh from from May 14th all the way across to uh mid- October we were fairly flat in

[16:01] terms of where our numbers were with a little bump around Labor day but now we're seeing specific increases across all these age groups and they're pretty steep increases and that's what's really concerning to us not only are they steep increases but again there increases across all the age group populations and it makes it really difficult to be able to control the spread when it's in all of our age groups again if you look across the Metro region or across the state you're going to see a similar pattern where we have all age groups increasing for the most part this pattern is not just Boulder County it's Metro it's state and again it makes it very difficult when we have it in all of our age groups to control the spread effectively next slide this is the number of tests the bottom line here is that we have plenty of testing capacity in Boulder County we have four different testing sites um one in Boulder one in Longmont two uh one in Netherland and one in Long Lions the the

[17:00] the Lions and the Netherland site are focused on our high priority populations and the other two sites are open to driveth through um for the general population so we have a lot of testing capacity in Boulder County uh we're testing really high our capacity uh for testing uh when you look at the numbers that the state had set for us was around 495 tests per day we're well above that and have been for quite a while now next slide uh this is a bad story too this is our five-day rolling average percent positivity among Boulder County residents and as you can see um we are moving uh consistently up in terms of our number we're at 8% here again this is our five-day average the number that was on the uh on the the indicator for the state is a 14-day average that's why this number is different than the 14-day average we track both of these because the five day average is easier for us to see quick changes in than waiting 14

[18:02] days so that's why we're looking at both of these and um and it's important for us to to pay attention to that next slide please this is the sday average of tests among Boulder County residents by age group and the biggest message here is that you can see those top three lines are are our 25 to 54 age groups basically they're in the highest category in terms of the number of residents that are testing positive um and again it just illustrates as you see increasing lines in most all of these that we're continuing to see increases in these age groups as well and we know that the spread is not isolated it's CommunityWide at this point I'll talk about some more specifics around what that actually looks like in our community in terms of numbers of people when we get to the end next slide this is the story with the hospitalization so at the highest point Point um earlier on we were at 68

[19:01] hospitalizations I believe today we are at 86 I'm not positive on that but it would show it'll show up on our graph online but we are definitely above 80 so we have we are now in record new territory unfortunately what you see um with some of those steep upticks that's a lot of new hospitalizations in a very short period of time um so the the slope of the of this line was less as were earlier in the outbreak around September October and now it is getting very steep um thank you Emily Emily just said there's 89 hospitalizations today um so this is a challenge and not again not only are we seeing increasing cases but the increasing cases are transitioning to hospitalizations and we're seeing increased hospitalizations across the board next slide these are some of the indicators that we track the the one thing I want to mention here um so when you look at

[20:00] available Med surge um beds that are available today the hospitals at this point have not gone to cancelling elective surgeries um and they have said to us we we do as I had mentioned before to folks when I I talk about this we meet with our hospitals on a weekly basis so we talk with them and make sure that we're getting uh grounded information in terms of what hospital capacity looks like the hospitals have not yet had to move to removing elective surgeries what we are hearing from hospitals that is a challenge for them right now is Staffing so the the Staffing issue uh for hospitals is what's coming across both in our North Central region as well as in our local hospitals as some of the biggest challenges that we're facing right now so it's not necessarily having bed availability um although we are starting to get um into the ICU bed capacity is getting lower but there is definitely challenges with Staffing uh as we move forward next

[21:02] slide uh what I want to illustrate here is that hospitalizations and specifically hospitalizations for people that we don't normally think end up in the hospital are starting to occur and are happening um so you can see that basically from 25 uh to 75 plus we've got hospitalizations occurring in our County and you can see that in the 45 to 54 in the 55 to 64 age group our ICU hospitalizations are as high as in our 65 to 74 age group so it is definitely impacting um people across the age group this is actually fairly consistent with what we saw early in the outbreak when we look at the the graphs associated with that but I want people to know that it's not just um the the folks who are the who are the oldest in our community and the most vulnerable that are being impacted here next slide this is the picture of the state hospitalizations we're almost almost

[22:00] done here um and again it's the same picture we are exceeding uh I just heard from the state today that they were at a thousand hospitalizations or over a thousand hospitalizations um and at the peak before we were just around 800 so again this same uh picture that is happening in Boulder County is occurring across our state next slide unfortunately this trails with death as well in the last uh in the last month period we've had 14 deaths in Boulder County you can see that we went through a a fairly large period of time where we had me much less deaths when we start to see increases across all age groups um and we know that eventually spreads to um our our folks who are most sensitive and this is uh and this is in our primarily in our oldest age group we know that um 72% of those deaths are coming from long-term care facilities in total but the number of deaths that

[23:00] we're seeing here happening in the last month um is very concerning to us because it's increasing as is clearly demonstrated on this graph I think I have one last slide um I'm I won't repeat some of these bullets the pieces I want to focus on that I really want people to hear about is we have to take this serious um in the time the time is now uh we the estimated number of people that are infectious in our community right now is one in 100 that was actually earlier in the week um so I don't know that number may have even been lowered because of the significant increase in number of infections that we're seeing happen on a day-to-day basis three or four weeks ago that number was around 100 and or One in 100 I'm sorry one in 300 or between 300 and 400 and if we look back two months three months to when we were at our lowest points in the Community we are around one in one sorry one in 800 so

[24:02] we've gone from a place where we had much less infection in our community to a place where we now have significant infection in our community and you've heard me talk before here about the amount of social distancing that we need and um a lot of those conversations were we were at 65% roughly of social distancing in our community that was keeping us on a good trajectory we are we have such a high infection rate now in our community that we need to be around 90% social distancing in order for us to get a handle on this disease when we were at stay-at-home uh when we started this we were around 80% to 85% uh social distancing in the very beginning so we're in a place where we now have a massive uphill battle that is going to be challenging for not just Boulder County but for all of us in the state we have to take it extremely seriously um as you know we moved uh uh

[25:01] to an orange level it takes and I just want this is an important reminder before we start to see actual data changes it takes up to two weeks plus and the reason I put plus is because we have delays and case reporting um because of the number of cases that are being sent in to Labs so we have two plus weeks before we can start to assess what kind of changes we're seeing associated with the movement from yellow to Orange um and any kind of mitigation plan that we put in place again is going to take two plus weeks for assessing how we're moving in terms of those mitigation strategies and we're at a time where we have significantly increasing numbers so we have to take action now um I I certainly know and I would bet that every single person on this call uh everybody I know that works in public health every business I know everybody has covid fatigue we are tired of it we don't want it to be here it is here and we're going to have six to

[26:00] eight more months of needing to deal with this there is some great news on vaccines that we're watching to see what happens with but we know that it's going to take a little bit of time to get that vaccine into our community and to be able to make sure we're building her immunity so we have to take action and we have to take action now the last comment I'll make and I know I'm going long um Sam so I apologize is that I want people to know that I I get calls from our chamber they talk about businesses that are calling up and and they're in tears because they can't make it another day or another week they're losing their businesses they're losing their livelihoods they can't meet the needs of their families we know that we have deaths as you you saw in our community we have significant stressors that are put on our on our children in our school schools and the ability of our schools to stay in place which we know is so important especially

[27:01] through K through five and the individual decisions that people make uh are G to absolutely Drive what happens in these communities and it's going to have a significant impact we have to take it seriously we have to social distance we have to not gather I know this is difficult going into the fall um but it's critical and it's really critical right now because there's many things hanging in the balance and we've got to take responsib ability to do our part to control this thanks great well thank you Jeff and you don't need to apologize for taking time to bring us up to date on this extremely serious issue I mean there couldn't be anything more important to our community right now so I appreciate the update it is unfortunate the new that the news is what it is um we'll move to questions now Bob thanks Jee I appreciate the update um so Jee looking at your slides it looks like we the uptick both here in Boulder County and and across the state

[28:00] really started to happen I if I read your slides right kind of in the second third fourth week in October so moving back maybe one to two weeks from then that that is to the point of exposure before people started testing positive in greater numbers in mid October um what happened in what what changed in late September or early October that caused such a dramatic increase in infections and exposures and then ultimately resulting in POS test there must have been some event I mean the the spike in September is easy to explain because students came back to school and exposed each other and and then they got that under control and it looks like because the infections are increasing across all age groups we can't point to CU for for this big spike and me because it's Statewide obviously it wouldn't be CU either what what happened in late September early October to cause this Sudden Change and I we don't know exactly but what you can look at if you took our data and cu's data out of there what you would see in terms of the Statewide numbers as an example is bumped and

[29:00] you'll see a bump around July 4th where we know that there was more social Gathering occurring there was there was less social distancing less masking the governor then put some orders in place it dropped those numbers back down we know that happened again around Labor Day there was Gatherings that occurred in labor day even though you don't see a direct increase associated with that we know that that was one of the first places where that started to bump bump and we also know that covid fatigue is happening so I I really we hear this over and over and over again from people now especially and it's it's even harder now that people are seeing the increases that are occurring but but what drives this and what we know will control this absolutely moving forward is if people pull large Gatherings together if we bring a whole bunch of friends and family over our house we don't pay attention um to physical distancing and to mask asking we're going to see this virus continue to go um that is what has

[30:01] driven those bumps that is what will continue to drive it Forward even in a scenario where we have orders that are in place it really does and I know you all know this but it really does come down to people take an individual responsibility to take it seriously um and to and to control the environments that they're in in a way that prevents the spread of that disease that's what really controls where we're going to head until we're in a place where we have a vaccine thanks Jeff just kind of follow up though I want to again I it seems like the change was pretty dramatic so I I can't have a hard time attributing it to Simply covid fatigue and people stopped following the the guidelines you know suddenly um is it possible that some of this spike is caused by um K through2 uh schools reopening I know a lot of the schools reopened in uh late September early October after a delayed start is it possible that K through 12 uh kids are are um acting as spreaders and bringing it home to their parents and

[31:01] grandparents and then further interactions is K through 12 a possible contributor to that Bob thank you so much for that question I wish I had addressed that myself um so what we're seeing in schools is that it's not uh cdph just put out a great paper that talks specifically about this looking at the million students that were enrolled across the state up million plus students that were enrolled across the state in schools the number of actual kidss that have ended up positive the ones that have been quarantined and whether they ended up with symptoms or not we are not seeing the schools as super spreader sites that's absolutely not what we're seeing what we're seeing is that there's more spread happening outside in the community and that is being brought into schools it's not to say that the kids can't transmit from one kid to another or a child to a teacher but that is not a super spreader site schools are not the place where it's happening and if we when we looked at the CU data just as a comparison we actually saw the same thing so in the classroom there's very little spread

[32:00] where the spread is occurring is when there's parties on the hill and we have large Gatherings of people that are coming together and they're ignoring the social distancing and the masking um requirements that's where we see the spread thanks Jeff Adam thanks Jeff um my question is regarding flu vaccines um does Boulder County have guidance as to I assume they want as many people to get vaccinated as possible because everyone who's not hospitalized for the flu could be an open bed for someone with Co I assume is that accurate is there any uh specific guidance in that regard there is we have we have been definitely asking people to get vaccinated so thank you for asking this question it's really important to get the flu vaccine especially this year and the there's two reasons for that number one when we look at our hospitalizations even prior to the covid numbers going up we're seeing increased hosit hospitalizations in general we know going into the fall that with flu

[33:01] we're going to that that is a that is a uh um a disease that spreads and gets to people at all age groups and they end up in the hospital so we want to make sure that people are getting the flu shot because it will help the hospitalization issue by reducing the severity if people do get the flu so it's really important especially this year to get the flu vaccine it is going to help our Health Care Systems out it's going to help our hospitals out so please do uh get a flu vaccine this year great thank you Jeff and Adam next we have Rachel and then Mark Rachel yep thanks Sam um and thanks Jeff so I have a couple questions number one just following up on Bob's um I read an article about a like a bbsd party like party bus and sort of a maybe super spreader from there so what does the county do you know I think CU has some um sticks and carrots it can

[34:01] use for CU students what happens when it's like older high school students who are having these parties what what like are people fined or what happens there so we we have the ability to take people to court and and to either find them or have jail time so that is what the public health act allows us to do we have not taken that kind of action at this point we have worked directly Boulder Valley School District in terms of following up with parents where we know that's occurring um and that is in fact the kind of example that we want people to understand how much impact that has in our community when we do things like that and the situation there was person who was positive um was sent around other kids that spread that disease and that's exactly how this can get out of control um so we don't want those kinds of things to happen we do have the ability to enforce on that we we do work with Boulder Valley School District um and it has been successful

[35:01] especially when we look at things like masking and other things like that and having people being supportive of following these guidelines are really important and this is an area where we need to continue to work because we know that we do have some people who are not following the guidance whether it's quarantine or isolation um and it's critical that they do because not only is there there um consequences from a penalty side of things but there's consequences to our entire community and they put everybody at risk thanks for that and I I guess I would ask maybe you as well as Council and Chris like if if we're at um I mean this is a really Bleak update and report and so um if it's a situation where people are having 100 kids getting together on a couple party buses and having outbreaks and those tend to then um hit people who are vulnerable who the disease is spread to harder um more likely to be Hospital hospitalized and die like why why aren't we looking at um

[36:02] more serious fines or penalties or um sticks I guess around that especially because the alternative is also our small businesses are you know at risk of closing so I'm it seems like the do the right thing approach and and education which we've been trying this whole time is not it's not as successful as it needs to be so I don't know if you can answer that or if that's just something for us to mull over but that's one thought I'm having throughout this is why why are we like you know wagging our finger at people when people are dying and and businesses are going under and Rachel I will respond a little bit but we haven't solved this problem obviously and I'm going to use the university as an example um what we don't want to do is just find and take everybody to jail because what it will do we need people to contact Trace we need people to follow up with us we don't want to drive people underground otherwise the disease

[37:01] spreads and we don't even know about it so there's a fine line there in terms of how far you go uh the the approach that we have taken with the university has been and with the city of Boulder so the basis of educating as well as following up and then holding students accountable as an example um without putting them in jail obviously is a much better outcome than if we just go and we put kids in jail um so we are really trying to balance that very finely and we're working with our police Chiefs across uh the municipalities to try to make sure we're taking an appropriate balance but it's difficult because we know we still have some people who are going to not follow that and that's going to facilitate the spread of the disease yeah no I appreciate It's Tricky and and I certainly don't want anybody to go to jail um and I think we're going to get an update that that wouldn't be possible anyhow but um I appreciate the the thoughts on that couple more questions one uh in all of that grimness it looked

[38:00] like the last number that was reported was pretty low like 45 new cases just wondering was that um a an anomaly or why why is the number the most recent one so low Emily yep happy to answer that one so when we present our data it actually is through 2 pm on the current day so that last day's data is through 2 pm on Monday and so that day did end up being much higher than that and you'll see that in our graphs that we up date again this Thursday like Jeff said we've been seeing about an average of 150 and I can tell you today alone I pulled over 250 cases down so definitely High numbers I I imagined it wasn't probably all good news there but wanted to check on that and then I guess my last thread of question is is anybody ordered right now by the state to be under stay-at-home orders or the I guess is it level red under the new colors it is level red and not that I'm aware of at this point I I think I understand that um Governor polus maybe indicated he

[39:01] wasn't going to be moving people to stay home and so that just and not that I favor us doing that because I know it will have a significant impact but when you talk about like the um you know the two weeks to to kind of cure or remediate after we have hit these numbers and then it seems to me like the the remediation plan is what that next phase is so like stay home is what going to bring the numbers down and instead we take these weeks to move from green to Yellow to orange and red I guess I wonder why isn't the why isn't the penalty commensurate why do we have these remediation periods when the the cases seem to just get worse the longer we write those out without taking the next steps and that's a great question and I think it's a fine line as well so if you look at when when we move from uh the yellow level to the orange level there's a whole host of new restrictions that go in place um so you have to give those

[40:01] time to be able to operate and I think that's the way the governor is approaching this is to say let's see if these steps because I don't think anybody wants to be at stay-at-home uh I certainly don't I know our community doesn't um and at the same time we have to figure out what's that Tipping Point where we don't have controls that are going to effectively make a difference here and that's why I urge people so much on the phone to take responsibility for this because it really does come down to if people will take this seriously if they if they won't gather it we need we need really a solid twoe period where people just say I'm not going to go to other people's houses I'm GNA stay put with my family um stay with them not interact with others not going to go out to any kind of events and I'm GNA make sure that I'm paying attention to my hand hygiene and making sure I'm masking if I do have to go out and staying away from others then we can get a hold of this that that absolutely is possible that

[41:00] people across the board that are listening to this have to take responsibility to do that uh and if we can't then you're right then one of the only tools that we have to be able to do this is to be able to move to something like a red where we're in a stay-at-home we know that that worked back in March we know that there's a lot of people who are who don't want to be there um but we don't have a ton of tools left after this point that's why I'm imploring those who are listening to take it seriously I I think I hear you saying you're encouraging people to stay home without it being ordered at this point um which I appreciate and then just my last question is are are we tracking regionally the the same things unlike shortages of beds in hospitals so I'm aware that Denver had a pretty um had a shortage of available ICU beds recently like and I would imag imagine that then people are diverted to Boulder or Broomfield or or you know Regional open

[42:02] beds so are we looking at at that as a regional level like what the number of beds available are and Staffing shortages yeah we are go ahead Emily oh yeah I was just going to say yes we do keep an eye on that and in particular we keep a close eye on the number of people hospitalized regionally because we know like you said people from all over the region are going to hospitals all over the region and I can say we're seeing very consistent Trends so we saw over an 80% increase in hospitalizations over the past two weeks and the region saw over 90% so it's very consistent um I think a very consistent picture like you said and we certainly know like you said as well that not everybody in the Boulder County hospitals is a Boulder County resident and that's part of the reason why we see the difference between the cdph dial and the hospitalizations in Boulder County hospitals um not the whole reason but part of it so okay thanks that's all I have thanks Rachel we got Mark and then Mary Mark yeah thanks um thank you Jeff uh I think thank you

[43:01] that was obviously not a pleasant U uh presentation for us um a couple quick questions um in one of your early charts uh Broomfield seem to have an extremely low uh rate of infection um is there anything that accounts for that so uh broomfield's rate is actually higher than ours Emily you could probably answer that um directly yes absolutely so the graph that Jeff presented was actually a count of cases it wasn't a rate by population so sometimes that can smush counties with a smaller population like Broomfield to look like they're relatively flat and really far down there if we look at a case rate graph that helps us to standardize um and the Denver Health dashboard that Jeff pulls that graph from also does have that so if folks are interested feel free you can go out and look at that resource I believe it's updated daily and my next question is at at earlier stages of the pandemic um you made presentations about our hospital beds and the potential for surge

[44:02] capacity Are We Now utilizing that surge capacity or is there a surge capacity beyond what we have today so we are not utilizing the surge capacity our hospitals are not telling us that they are in Surge um so again if they needed to create additional space as an example what they could do is stop elective surgeries they could free up a significant number of beds as an example doing that they the biggest issue for them that we've heard reported to us and and Emily I'll ask you to comment if you've heard anything different um is just that their Staffing is becoming an issue so finding the Staffing to be able to support the hospitals is more of an issue than the capacity in the hospitals themselves in terms of beds and I assume at this point we're not experiencing any shortage of either PPE or ventilators Emily do you want to yep Noble older County hospitals are reporting a shortage of PPE and the ventilator number has remained fairly

[45:00] consistent um we're still in the green as of the last time I looked at it I think 26 ventilators available so over 50% of the critical ventilators okay my and my next question Jeff is how how are we disseminating your message which you know we we take to heart here uh people who are watching on Channel 8 I'm sure will be taking it to heart um but shockingly not every resid of Boulder is glued to their television for Council meetings and so my question is how are we getting this message out to the public um so that they can understand the seriousness of the problem and what we have to do yeah we are on social media in every single aspect we also talked and and people still aren't aren't obviously either they're not they're not getting it or it's not coming across um to them as serious enough to to drive a Behavior change um and so just as an example you know we're doing multiple conversations

[46:01] with other councils we're presenting to see but we know that is not yet working so we talked um with our chamber today because we know that our chamber is they're again they are trying to keep businesses afloat that are barely making it right now um to take a different tact of thinking about how do we communicate this in a way so people that are not in the middle of this can better understand the impacts that are actually happening to schools to kids to our working mothers who are out of the workforce now because we've got kids that no longer are in school and then they can't be in work all of those kind of impacts in addition to businesses losing their livelihood people losing their ability to support um their own family and telling some more of those stories so that people have a better understanding of what real impacts are happening out there to people in our community everywhere um and what I've seen in the past is when people understand and see

[47:01] the impacts that the humanistic part of this and what's happening that the community comes together but we obviously need to shift that message somehow uh to make it more impactful than it is right now and and lastly um I want to say that I share um some of the concerns expressed by Rachel we we have been emphasizing education since the beginning of the pandemic and we are now eight months into it and obviously um our strategies have not been entirely successful um and of course nobody wants to put kids in jail that's that's an absurdity um but I think we need to begin to address the the failings of an educational emphasis um because it it's simply not proving to be very effective and the comments that Rachel made are comments that that I share as well um so what it's worth thank

[48:01] you thank you Mark Mary first of all thank you um Jeff and um I agree with Mark and Rachel and Shar their concerns as well my question is U probably more um aimed towards Emily in your data presentation I'm sure that you have have tons more slides and tons more data that you're looking at to guide your next steps and I'm wondering to what extent um are you looking at that data in disaggregated manners to help pinpoint where there should be more targeted attention good question so yes in our PowerPoint presentation um I believe it's now up to probably let me see 60 slides in total um which we produce every Tuesday we look at a really wide variety of stuff so we look by race ethnicity race ethnicity by week

[49:00] geography geography by week ages comparing them to the previous week we look specifically at age Trends among students who are in school age like for example Early Childhood early childhood education and k through2 um we also um I've been working on producing some reports that are data by specific municipality um we're just getting some internal feedback on those and excited are excited to share them um we hope maybe that could be something we could share on like a weekly basis and it would include things like for example for Boulder um it would include cases by day um cumulative cases by race and ethnicity um it would also include different things like here let me pull it up I actually have it right now I want to make sure I give you the exact information by age group um by report month by um sex and then also um sex by month R ethnicity and by month hospitalization ICU and deceased so it include all of that information um and broken down by and ethnicity for those things too so we're really really trying to get as disaggregated data that we can

[50:01] that we can share out um because we do recognize it's so important and critical to kind of have the ability to look at those but I would also speak back to what Jeff said like at this point I feel like it's it's very widespread Community transmission so although it is good to look at these things we also have to recognize it it's pretty wide at this point Thank you Emily appreciate it great thanks and I see no more hands up so I'll jump in with a couple things here um first Jeff a question I know that we've got the mobile testing unit going now which I think is great I also know that stazio it sounds like is going to continue as a testing site going forward which I think is wonderful um you mentioned Netherland and lions so I guess my question is are Netherland and lions just part of the stops for that mobile testing unit or their permanent testing or stationary testing sites in lions and Netherland and how is the work going with the mobile testing site so if

[51:00] you just want to talk about Netherland Lions and the mobile testing site that'd be great so the uh let me see first if Emily knows the answers to some of those questions because I know some but not all unfortunately Jee I don't I'm not too involved on that side um so the the Netherland and the lion sites are fixed facilities and the mobile testing is the partnership with bch I don't know about where we're at in terms of the mobile testing um so I'll have to follow back up with all of you on that or you know if you want an update on that I could always bring Chris Campbell back and we could talk about that in more detail um which might be good as well um along with bch uh but the other sites are folk they're focused on uh testing again those priority populations all of that information is on our website um so if you just search covid-19 Boulder County Public Health click on the testing link it'll give you the hours um and the locations of those of all those facilities great well that's fantastic

[52:00] that we have four that are fixed and then we have the mobile test site and I can follow up with bch we've had a conversation with them already within the last week about this so that's great I I guess the other thing that I'll say and maybe this is part of the messaging there was a a really interesting editorial in the New York Times today and what it said was we we are on a path to a vaccine but the vaccine will take a long time to get into everyone's hands and so because there's light at the end of the tunnel this is the time to double down on safety because a life saved now is a life that may be saved forever and a person who dies of covid in this interum before we have the vaccine distributed and delivered to folks um is a loss it's a missed opportunity and so the news of the vaccine potential um and a couple different companies have that should cause us to want to intensify our efforts to keep people

[53:01] alive um I've had someone in my family pass in the last week of covid and I will say that um we need to take seriously the fact that even though people in the younger age group may be able to survive an episode of covid it if it's transmitted it can get into people who are more vulnerable whether they have an underlying condition or they're elderly or both um it creates you know this is the time where we need to take this incredibly seriously because there could be a light at the end of the tunnel and so missing the opportunity to carry vulnerable people into the time when we can suppress this disease would be a terrible tragedy so I don't know how we put that into our Communications and to our community but I think the point that was made is excellent that this is a time if there is going to be relief and hope there will be by mid next year we need to make sure that we carry as many

[54:00] of our community members across that finish line as we can so I don't know how we get that message to our community but I think it's really important that we begin to think of the opportunity to end this pandemic as a call to support those folks that we want to keep alive into that time period so I won't keep going on with that thank you again Jeff and Boulder County Public Health for all the work you're doing and I'd go back to Chris for our next um next guest our next topic is an update from CU and we've got Patrick oor here so thank you um for asking me to attend I greatly appreciate the opportunity um first to Mayor Weaver I'm very sorry to hear about the loss of your family member due to covid what you just said reinforces the diligence that we all have to be

[55:01] exercising during this period of time and I'm very sorry for your loss um Jeff presented a ton of information and so I'll talk a little bit about what that means for CU but want to respect your time so I'll try to keep my comments relatively brief and be able to answer your questions the first thing is the shift orange status the move to the level uh orange for safer at home required relatively few operational changes on campus under the level orange CU has been able to continue its in-person instruction as Jeff said earlier we know that the classroom environment has been a place that has been free of the spread of infection within that environment um we were not hosting large events on campus um and

[56:03] our student affairs teams have been working still to be able to do smaller social events that be a are able to keep opportunities for the students to remain engaged um and we're continuing to adapt that under the new orders but we did make a decision to switch from the in-person learning model to remote learning for the remainder of the semester our last day of in-person classes will be this Friday and then classes will resume fully online on November 16th the Monday we made that decision because we recognized that this would be a period of time in which TR students are transitioning away from the campus we want that to be orderly we want to provide them with as much flexibility as possible in being able to do that we'll continue to support the oncampus residents um through the date that we had ordinarily planned to keep the classes

[57:01] um in person which is through November 25th and will continue to provide on campus housing and dining during that period of time we have continued to expand our testing capabilities we do have the ability to test all of our students faculty and staff who come in and request tests and we are strongly encouraging any student who might be traveling or any Stu any faculty member staff member who might be traveling as they're coming into the holidays to please get tested we know that if they can get tested 24 48 72 hours um beforehand if it demonstrates that they have a positive case it's a good opportunity to be able to rethink those travel plans if we do have students who test positive we will continue to have isolation space available and we'll continue to support our student body throughout the that holiday period our current conditions Jeff described um we had the very significant

[58:02] spike in September that normalized um and our rates for the infection in our population was similar to what you were seeing in the populations that are in that 24 to 34 year old age group 44 to 55 um and so we had normalized them we we're seeing some uptick though just like the rest of the community we're not seeing the exponential growth that we saw back in September and our surveillance testing results are still coming back below the 3% range We performed about 920 monitoring tests yesterday of those surveillance tests 20 returned positive and we referred to PCR testing and then we conducted about 1100 PCR diagnostic tests last week 130 of which tested positive we've currently got 37 students in isolation and our current utilization is

[59:00] at about 7% we will continue to make sure that those spaces are available for students who test positive we will continue to make sure that they're supported um we are reporting all of our test results for the PCR test through the state through the reporting mechanisms we've worked to automate those processes there's still some delays um just like you saw in what Emily reported um we report our results sometimes that they're showing up on what we report on our own dashboard quicker before they get added into the County's data but then that gets reconciled and those uh will get reported we've also done something where we've entered into a memorandum of understanding with Boulder County Public Health to do the case investigation and contact tracing for anyone who see you affiliated whether students faculty or staff at the beginning of the semester when we only had the capacity to test students um we were just doing the

[60:00] contact tracing and the case investigation related to the student cases that were reported to us we've since expanded that and anyone who is determined to be a CU affiliate were handling that contact tracing um and case investigation for the county that not only allows us to have a really good picture of what's going on within the CU Community but it also serves to be able to relieve some of the burden on both the county and the state investigative teams that are also doing that work we are preparing for the spring semester which we're planning to include inperson instruction one of the major changes that we're going to do is that we are planning on tying our operations directly to the state Co dial to determine our operational status when we spoke in the fall we had many times where you were asking us what's the data that you're looking at in order to be able to make decisions about whether to go remote whether to be able to host

[61:02] Gatherings and at that point in time there wasn't the state's covid dial framework what we believe is that if we align our operations with the state Co dial that will actually provide greater Clarity for the people within the CU Community as well as for people in the broader Community there are very clear expectations for how businesses can operate how instruction might be rendered as you go through the various statuses on the dial and we think that that will help us be able to provide more regularity um we have made some changes that for the spring semester we'll be starting a little bit later um but probably one of the major uh announcements that we put out and it was not popular with some of our students but we really think it's necessary is that we won't be having spring spr break in the traditional sense we recognized that it was probably an unsafe situation

[62:01] where if you had students traveling from universities all over the country to the type of locations whether it might would be uh Fort Lauderdale or Mazon or other places where they were gathering and then coming back to the community that that would create lots of possibility for Community spread to be able to mitigate that we said that we won't be having a spring break this year we will be building some midweek Wellness days into the calendar to try to provide opportunities for students to have some opportunity to recharge and and get relaxation um but our focus is really coming into the fall semester going to be on improving the student experience making our in-person instruction more reliable and dependable and continuing to provide covid safe social opportunities for students um so that they can avoid unsafe Gatherings we know that there's been frustration um and we are disappointed we saw some parties last weekend and the Halloween

[63:01] weekend um we've responded to those and this semester we've placed 25 students on suspension from the University and another 130 have been placed on probation we don't take those type of decisions lightly but we know we have to act when students place the health of the campus and the health of the community at risk there were some citations issued over the previous weekends and those have been referred to us what Jeff described earlier is really important which is we're really pursuing multimodal means of enforcement there are citations that have been issued both by cupd and Boulder PD there's been public health order the city has partnered on nuisance abatement and then we're pursuing disciplinary actions we have messaged very strongly to our community that they are jeopardizing their ability to remain part of the CU Community if they they engage in unsafe Behavior such as hosting parties and students who have summons issued to them

[64:00] will receive student conduct letters and we will put them through the process it's an important way for us to be able to have accountability in our own Community um so that's my major updates but I am more than happy to answer any questions you might have Patrick thank you very much for coming and sharing that with us that's very helpful I don't have any hands up so I will say to council members this is your chance Rachel um hi hi Patrick thanks for being here just a couple um I want to make sure I understood when you're moving up the date for going online is that going to be students will then be online through after the holidays like wouldn't be expected to come back or participate in um so students will go online as of the last in-person classes will be this Friday and then any instruction will be delivered remotely for the remainder of the semester and the spring semester

[65:00] will begin on January 13 the like finals will be online everything okay um thanks and then just um one other question you have the is it a 45 minute turnaround test uh it's about an hour um to be able to get those results back that's our surveillance test which is a saliva based test and where is that a CU is that the one that like invented or where are you getting that from uh that is a CU um invention for lack of a better word it's a surveillance test because it hasn't been improve approved yet for Diagnostic purposes so that we can all we can't use it to deliver definitive diagnostic results um but it's something that we have uh been able to use in our own Labs I guess I'm just wondering could that be extended more broadly to the community as something that was a because there's a lot of concern about how long it takes to get test results like in the restaurant Community for

[66:00] example they you know waiting days if all your servers are out because two tested positive so Wonder possible synerg synergies there yep we've got a testing team that's actually looking at that right now because we know that as students go away from the campus and we transition to remote we may have some capacity um right now we have some limiting factors just in terms of the number of tests that we can process um and the I'm not a scientist by any stretch of the imagination but they have the robots in the labs that help to be able to process the samples but we're actually in conversation with uh Boulder County Public Health about how we might be able to help fill some of that testing capacity to band awesome thanks that's all I have great thanks Rachel next Mary and then Mark Mary thank you Patrick for being here um I have a question regarding the your dashboard or at least in

[67:01] the number of cases that are CU Affiliated seems to be like going way down so I have a question about how you determine um positivity for CU Affiliates so um is every place that is conducting testing and then determining whe whether or not a um test is positive is every single location um asking that question about are you a CU affiliate or how how do you determine that CU affiliation so not dodging the question but I want to make sure I'm getting it right um which is what shows up on our dashboard for our positive cases are just for the tests that get run through our facilities so that a CU positive result will be a test that we run on the slides

[68:00] that Jeff showed that had the two different bars the light blue bars and the darker blue bars with the light blue bars representing CU Affiliates those are both the ones that we've reported to Boulder County Public Health they're also ones that when other entities other labs health care providers contact tracers are identifying those people as CU Affiliates they get added into to those numbers so it's the combined communitybased testing that where case investigation or other methods have disclosed that person to be a CU affiliate plus what we have referred over become the aggregate in that likely bar so so it sounds like what you report on your dash board is the tests and positivity rates that you find within your I guess and um and the other CU

[69:03] Affiliates are determined through other testing and anybody who's doing testing is asking the question are you a CU affiliate it's either during the testing or when those people have are contacted during the case investigation um and they disclose that they CU affiliate and then that what gets triggered to the for the referral over for CU to be able to do the contact tracing followup thank you great Mark uh thank you very much Patrick um are there a specific set of metrics that would cause CU to go entirely online and and if so what would that look like um so right now it would really be tied to we're looking at putting those into if it got to that type of level red that that would be moving entirely online um

[70:01] while things remain within the lower levels we're trying to continue to support in-person instruction um because as we talked about earlier that is proven to be a safe environment and the students having some of the structure we've actually found um is useful in trying to be able to help regulate their behaviors when we move to entirely online um it doesn't necessarily lead to any less of the behavioral disruption so we actually think it's an important tool for us to have in our our toolkit to try to maintain instruction for as long as we can thank you and and in terms of the uh behavioral issues have you encountered any students who have been cited more than once for or inappropriate behaviors um there's I can't say uniformally no what our

[71:01] student conduct people have said is that most of the students who we've dealt with have a very low relapse rate for lack of a better term what we don't know is that if there have been students for example who have been suspended from the community and would have to reapply whether or not they've been cited for subsequent violations um but most of the students who have been put into a probationary status are not coming back into the student conduct system okay thank you appreciate it great and I'll say thank you again Patrick for being here and for sharing the coordination collaboration I'll will make one comment which is I think you answered Mary's question exactly the way I understand it because I've asked that a couple times of various different folks and so when I got a covid test I was not asked whether I was a CU affiliate that was at stazio I know a couple of um council members got a test

[72:00] on the hill um when that site was up and neither of those were asked whether they were CU Affiliates or not so I think one way going forward that we might increase the collaboration between the city the county and CU would be if as we move into the spring semester we have every testing site in the county asking that question because the the two ways that right now some someone is found to be a CU affiliate is either the test is done on campus at the the testing facilities there or there's a disease investigation that uncovers that I think it would be well worth asking um that question just as so when I took my test I was asked about um race ethnicity gender all that and and so I can see how all the tests administered in the county are uncovering that distinction it would seem like it would be another distinction that would be worthwhile to be asking people who are tested in Boulder County about their CU

[73:01] affiliation so that's just a comment um that's a a way we can improve going forward but I think things are way better now than they were as we started this the CU year so thank you for being here and Chris I'll turn it back over to you for our final guest thanks s thank you for having me thanks Patrick again for being thank you so our our next item is an update uh from Sheriff Joe Pell so Joe welcome to the meeting thank you thanks for having me can you hear me okay y all right so um again along covid lines uh the sheriff's office is facing the really difficult task of balancing Public Safety and keeping our jail facility healthy um you can imagine there'd be nothing worse than a covid outbreak in a closed facility where double bunking and

[74:02] um crowding are the standard um so we we worked with Health Department our Health Service administrator our contract doctor our County attorney and developed um some pretty restrictive arrest standards around who we will accept in the jail during this Co pandemic and who we won't and it's obviously um created conflict concerns among some people in the public and among some of the police Chiefs around uh you know dealing with behaviors in the community but the goal here is to keep the jail operating and have space for people who absolutely need to be in the jail people who are committing victim rights crimes people in the that are committing very serious crimes like homicide sex assault stalking domestic violence the kind of

[75:02] cases where we're required to make custodial arrests we need to have a jail available for them uh we are we're not taking uh nonviolent misdemeanors Petty offenses we're not taking Municipal offenses we're not taking traffic cases uh warrants on uh failure to appear on those minor cases and so Justice is being delayed for a lot of people uh there are people in our community that have multiple warrants uh for minor offenses that are not being accepted in our jail right now which is obviously frustrating our police departments and some of our community members but um again the worst thing that can happen is that we have to shut the jail down entirely or move move people or uh you know an example would be uh we've had

[76:00] deputies test positive and um at doing contract chasing we've had to send seven or eight of their co-workers home for a period of time for testing and observation you can imagine if we had to do that three or four times over the effect on Staffing and our ability to staff the jail would be impacted badly um our jail has 560 bed capacity and was operating around 480 to 500 beds um before covid we have those numbers down to under 300 right now uh today around 280 some the um the advantage to that is we're able to isolate people when they come in we're able to do U health screening and we're able to keep people separate and

[77:00] in cohorts until we know they're healthy and then they can be moved into a general population and then we can keep that general population sayfe we've had several U small outbreaks two inmates at a time um and we've been able to keep the jail from becoming sick because we've had the space to keep those folks isolated and out of contact with the general population at the back of the jail I I don't see this situation changing until there is uh effective treatment or vaccine I don't know what the alternatives are right now for this and I will also tell you this isn't a Boulder County U phenomenon this has happening across the state of Colorado and across the United States um this is a an issue that's Nationwide right now so that's the background

[78:00] right go ahead I'm sorry I thought you might be done yeah so that's the background I just I'm here to answer questions or um field field complaints or concerns very good so Council this is your opportunity to ask Sheriff P questions um I don't see any hands up so um Rachel yep um thanks for being here Sheriff um couple questions so first like using your example of stalking as something that is eligible to be jailed right now that's a crime that in the 1980s and prior to that was seen as pretty lowlevel and uh non-threatening and it turned out to be highly predictive of violent crimes so I'm wondering are we looking at um other crimes that are predictive of violence even if the crime itself is not as eligible to be jailed and are we also looking at like full criminal histories that's you you often look at that when

[79:01] you're determining um if somebody's a good candidate for bail as an example so just wondering if if that enters the picture either of those two like and um sort of predictive crimes so Colorado has a broad ranging victim rights amendment to our constitution uh where in makers uh have looked at um violence that is predictably harmful and have made those uh V crimes subject to the the the amendment and that requires a number of things it includes arrest notification of each phase of the legal process uh know special victim rights and any and all of those V crimes victim rights amendment crimes are uh uh subject to jail and we we are

[80:01] accepting them and thank you and I mean that even more broadly like are there other crimes that that are um you know maybe outside of that that are predictive of violence that you know are not in themselves violent crimes and maybe you're saying that that act captures all of them and I'm not familiar enough with it um so yeah there that's being looked at yes and no there can be uh there are a number of issues concerning bad behavior minor assault um threats that kind of thing that uh that all arise to BR if they become a misdemeanor crime and we are accepting them um we're not doing an analysis of a def a defendant or someone we contact on the street in order to determine or try to predict um their volatility in the future and and are you looking at at full criminal histories when you make the determination whether to to I guess

[81:01] accept somebody for jail for a for an offense no we're not we are uh accepting people who are committing new offenses and have them uh three or more outstanding warrants um we're accepting uh people who have been charged with again Victor rights crimes based on the crime they committed at the time okay um that's helpful I think um Sam I have some other questions but they're not really for the sheriff they're sort of like crime data questions so will there be time at the end of these for us to talk about like things we may want to consider as a council on on uh I guess criminal justice issues and covid I don't know that we have anything that's specifically on the agenda what I might suggest and Rachel you you talked with me about this before um as we have

[82:02] the conversation with um Chief Harold about the um oversight maybe at the end of that we could ask her for some feedback on this subject um or we could ask her now if you'd prefer but it is probably a long okay so so I'd suggest that we we go ahead I'm sorry no just the the other part of it was sort of covid enforcement as a city specific so if that's better to talk with as we do police oversight I'm happy to bring it up there too related to um it's a will it's a will of councel um I don't don't know that we had set aside time at CAC for that kind of conversation here but if the will of council would be to have that conversation right now we can certainly do it um but let's go ahead and get through um the conversation with Sher H first um Bob you have questions yeah just one question uh Sheriff thank you so much for being here uh with us

[83:00] this evening and you're always welcome to come back and visit with us if you've got new things to report of course um it sounds like the primary issue is a spacing issue and I think we all understand why you're trying to distance um the inmates or the prisoners um from each other so that there's less likely to spread to each other and to your um your team have you heard about any other um either counties and Colorado or maybe even jails in other parts of the country that have created additional space outside of their traditional jail where they've taken other buildings and created that spacing so that they could um jail the people that are typically jailed without exposing either U the inmates or um the um the county staff to co taking extra buildings extra space obviously it's not the time of year for tenting but if there was an extra building available to you that was appropriately secure have you heard of counties around the country doing anything like that I have not and I think part of the issue is Staffing um

[84:02] whenever you take a building that's not designed to be a jail and put every level of security uh see on an intake side in that building the Staffing requirements become intensive very very intensive you know right now uh two of my staff could take care of about 64 inmates um with Rovers and some additional support but um you go to any kind of converted warehouse space or that kind of thing the only people you would be able to put in that facility would be lowrisk minor offenders those are the people we're not accepting into our jail right now so the people we have in our jail right now are high need high security risk U more violent offenders um more risk of the community and they require a jail setting okay I'm just trying to strike a

[85:01] balance here because we we do hear from our police department and and the chief can jump in if she wants to we hear from our Police Department that they are frustrated and we have members of a community who are frustrated because people who the police normally would arrest and bring to the jail are not being brought to the jail and so um while I understand that you're accepting only the most violent or serious offenders we are turning away from the jail or not arresting in the first place people that normally would be arrested and so I'm just looking for a solution there so the police can do their jobs and arrest people that they would normally arrest and put them in Secure facilities and if if it's a staffing and funding issue that' be helpful to know yeah and it's more than just Staffing and funding with with Bond reform and the legislation that we've seen in the last couple years in Colorado um people that are being arrested and brought to the jail on minor offenses are spending an average of about 12 and a half hours there and then being released back into the community on a personal recognizance Bond after they meet with the bond commissioner or appear in court at the

[86:02] jail and so um we're not taking people off the street for any length of time in fact we're essentially a revolving door at this point for those low low-level offenders and so the you know the question is uh at what risk do we operator revolving door and expose the facility to people from the outside and I understand what you're getting at but I'm just trying to point out that this is Complicated by the fact that um people who are being arrested for petty you know petty theft or trespassing or or camping violations or those kind of things they're not spending any time in jail and they won't in the future okay well thanks Sheriff maybe this is a discussion that um goes down the path that uh that Rachel suggested and I would like to have that discussion as well whether that's tonight or at a time that we can schedule Sam thanks

[87:01] great okay well I see no other hands up for questions Sheriff thank you so much for being here um I see Chief Harold Chief would you like to speak up yeah the the only thing that uh good evening council members um this is why I never wanted to be a sheriff um running um running a jail is is very complicated and um you know I support the sheriff's decision Mak um I think it's very complex and I think that you know a cluster in the jail to me would be devastating because I have called other jails um around Colorado um asking for help um with some of our repeat offenders that are causing damage to our community there's no doubt about it that our crime rates are are going up especially property crime and I don't want to see that neither as a sheriff I think this is a perfect storm it's not it's not one-dimensional um and so uh

[88:02] like the sheriff said if if there was a cluster in the jail either by his staff or the inmates um he may have to close that facility and then I would not have a place to hold violent offenders like domestic violence like sexual assaults like child abuse um and violent Predators um that we do have and so um I think that this needs to be an ongoing discussion just like Co because there's multiple factors at play here um and I'll be glad to have those conversations and kind of send you um the data points that I'm looking at on a daily basis and you know the sheriff has helped me out on situations where I need I need people to be housed um and so um I know that he's just as frustrated as as we are in the community um but it it is a it is a complex situation and I that's all I wanted to say so thank

[89:00] you thank you Chief um may go ahead Sheriff I would like to point out that we have we have made a number of changes to this based on input from the police departments we are definitely jailing people who are committing uh burglaries to businesses that have been closed we are definitely we you know we had the complaint that uh people knew they could not be arrested and were essentially acting openly in defiance from lawful orders from police officers because of that so we carved out an exception that we will accept we will take people to jail when that occurs so we're trying to be responsive as as much as we can and I wanted to um make sure I made that point before we signed off very good Sheriff I really appreciate you being here tonight it's

[90:00] very helpful that we can hear from you directly about the situation and ask our questions uh we may ask you to come back again uh depending on how things develop going forward so thanks again for being here much appreciated okay um let me pull up the script here briefly and then Chris back to you I think there's one more item concerning Co that you wanted to speak to us about we do we have one more item uh which I'll pass over to car Caso here related to our federal funding but as an intro to that and and Sam you mentioned this a little bit earlier in the meeting um in partnership with Boulder County Public Health um we are able to uh reopen the stazio testing site our our countywide strategy was to move the drive-through testing site from the asio ball fields in Boulder up to the Boulder County Fairgrounds in Longmont um based on our current case rates with the contractor that's running that site we have uh been

[91:02] able to work through a process using our federal funding to keep that second testing site here in Boulder open to support residents throughout the county so um uh I just wanted to highlight that Carl's going to go into more of those details um but that is something that uh um beginning on I believe this Thursday the 12th um will be uh open um from 8 to 5: for anyone who needs to get a test so with that I'll I'll pass it over to Carl great good evening uh city council um mayor waver can you guys hear me okay yes great okay well council's been here in a very um challenging conversation I'm hoping that this can be um perhaps a little bit more encouraging in terms of some of the things that we're able to do with some federal funding that we have received so so purpose of this presentation brief as it may be is first of all just to really

[92:02] quickly mention the possibility for a federal covid relief bill an additional one but mostly to focus on how we've been using the coronav virus of relief funds if I can get the PowerPoint uh raise that' be great thank you all right and next slide please um in terms of prospects for new federal funding that is not encouraging um all sorts of possibilities have been discussed I was just reading in the Wall Street Journal today about possibilities but according to our own Federal lobbyists U they see no reason to be encouraged to expect a new covid stim bill by the end of the year um basically the the parties are too far apart in terms of the dollar amount that they're willing to accept so that alone uh makes it unlikely um however we know things

[93:00] can change quickly with changing news so I will just leave it at that and I guess I will say though that there is funding um in the packages that are being negotiated for state and local governments however it is in a smaller amount than had been discussed and had been proposed previously in the heroes act next slide please okay so primarily we're talking about the kazac Corona virus Relief Fund uh just a quick reminder um we received over $4.7 million um and the purposes for those funds are listed here on your slide um three main points we can't use this to backf for loss Revenue it's only for new unanticipated expenses that the city has incurred and it is for expenses that must be incurred this year next slide please um we last spoke to you in August

[94:01] provided you an update on how we were going to use um what we called the first TR projects which are uh in this pie chart indicated through the peach color and then also what's in the gray area which is basically reimbursement for expenses that the city had already incurred to new city operations so what we're here to talk about today is the yellow slice of this pie which is trunch two um we will talk about the $1.23 million that are that that that consist of that slice and uh break it down for you the remaining funds you will notice are shaded as blue and lighter blue um I'll talk a little bit about how we plan to use that towards the end of this presentation next slide please um really briefly this next two slides just shows you a reminder or I should

[95:00] say is is it an attempt to remind you of the projects that had already been funded through Tron one I won't list them but I will say that what you're seeing there is a combination of house direct Aid to Residents and to uh small businesses that have been impacted by covid next slide please it also included a very small amount that went to uh programmatic needs to respond to covid uh specifically in our fire department and our open space next slide please okay so now to talk about some tranch 2 projects the this slide describes the two main projects that are going to be um funded through this tranch 2 for economic Vitality the first first one is $250,000 uhar for a program that's called restaurant SOS or safe ordering service it's essentially a partnership

[96:02] with nsh Boulder to provide food delivery service beginning this Thursday the city is paying the restaurant portion of the delivery fees which is separate than the customer fees so the result is that there is free delivery service for any participating restaurants uh through December 30th again that is delivery service fee to as as imposed on the restaurant customers will still have to be paying their share of the fee um another part of this partnership that um we were able to negotiate is to ensure that even after um restaurant service um through this program is terminated through the end of the year on December 30th that nsh Boulder will continue to cap the fees that they charge charge restaurants at 15% uh that's significant because the norm the fees charge to restaurants is normally they they normally range from

[97:00] 15 to 35% so that's part of the partnership deal that we struck there the next program um is $150,000 for seasonal gift cards to be used at local businesses uh in order to uh arrive at a vendor we've been going through an P response that we've gotten it's a competitive selection process that will conclude this week and we'll have more details to follow but we can say that it's likely to be structured as a matching gift program that begins this December um you bet b in will be here um at the end of this presentation to answer any questions you might have about these two programs next slide please this slide has a lot and this is a lot of of great projects I would say I think um I I'll briefly say a sentence about each one of them the 140,000 um the first line additional Financial assist assistance is the

[98:01] augment Financial assist assistance uh that that we already made through the first tranch of funds to provide additional funding to help community members with rental assistance utility bills child care and other basic lead uh expenses during covid the next one is 40,00 to develop and deploy a communication strategy that ensures information about covid assistance is available and accessible to our underrepresented populations one after that is $200,000 to cover the housing cost including rent utilities and mortgage payments of members of our community that have been most impacted by the pandemic uh the one after that is $50,000 to cover the cost of addition an additional or additional fulltime employees to support efforts provide targeted homelessness engagement and referrals and then we have uh $55,000

[99:01] for additional uh funds to our partner Focus re-entry this specifically provides smartphones and monthly prepaid services for people experiencing homelessness or housing insecurity uh so that they can have better access to covid Services Health and Social Services uh then we have $200,000 for child care support to provide funding for covid related expenses Andor loss Revenue to child care providers in the city and finally we have $200,000 in nonprofit support essentially uh this is supporting the Boulder County nonprofit emergency relief uh fund grant program which helps alleviate covid related loss revenue for a city nonprofit human service agencies Kristen Heiser is here and can answer any questions that you have about these programs next slide please so what this

[100:02] leaves as I mentioned is that there was that blue and a light blue Slide the blue was The Preserve and that's essentially $713,000 that we reserved for expenses that may have been might prove important and and of course we have identified just that uh just mentioned the need to continue testing services at the Stasia Ballfield uh the city is contributing to that with a good share of this reserved money any remaining funds that we still have available after that would be used for um we're considering using it for mobile testing or for outreach to communities to increase awareness of available testing lastly we have a thin slice of remaining which you know is essentially 173,000 uh that has has not been earmarked for any purpose um

[101:00] we we could use that actually that amount might increase because of all the projects that I've described some of them are already well underway in terms of their implementation some of them are still being finalized so there is a possibility that we're not able to um Implement one or more projects so we might have even more money than that 173,000 what we've been doing is developing a contingency list the important thing is that we don't leave money on the table we want to make sure that by December 31st we've incurred all the expenses so that we can seek reimbursement from the Department of local Affairs for the funding that is eligible to the city that contingency list includes projects that we want to make sure we could move on very quickly if other things don't come through through so what we're essentially looking to do with any extra money is to augment existing projects of the sort that I've just covered and that were that were um um discussed in tranch one

[102:04] the tranch one update uh we all know that the need is tremendous and there is likely to be additional needs financial needs for those projects we also might use some of the uh additional funds towards purchasing additional supplies for City operational needs where we are assessing that on an ongoing basis next slide please so that concludes my presentation um Chris is here to answer any questions you might have about testing event bow in is here any questions about the business support programs Kristen Heiser about um Human Service programs and also Samantha McQueen if you have any questions that might be specific to the finance department and lastly I just want to also um first of all credit these individuals uh this team and three others who are not joining us Joe Wagner uh from Finance Mark wolf from Community vitality and

[103:01] Elizabeth Pro from Human Services we've been working with them last seven months to come up with these projects and it's something that I think we can all be really proud of in terms of uh projects that have been identified and you know both their viability and their ability to really respond to our community these needs uh that's all I have I'm happy to answer any questions great Carl thanks so much for that update and I just want to say thank you to all the staff that you mentioned and and the others that are supporting them for the quick response and the the great use of of these funds to support our community in this really tough time I'm not seeing any questions any council members Last Chance going once twice okay again thank you Carl and thank you to the team who is is helping with all this it's great work and let's keep our fingers crossed for another relief package coming soon with that I believe

[104:04] um Debbie that we're on top and comment is that right yes we are very good and let me pull up my list here okay each speaker will have two minutes um tonight and let's see if we have a full docket uh we have 16 people who will be speaking tonight so we will go ahead and get started um the first three speakers are Linda Silverthorn Matt Benjamin and Grant couch Linda hello uh can you hear me okay yes hello okay sorry my internet has been bad today so if I cut out I apologize I'll do my best to go quick um I'd like to thank you for the opportunity to provide comments in reference to the concept plan review for the project proposed for Grace Commons Church in their Annex Building at 16th

[105:00] in Walnut um I'm one of several owner residents of 1655 Walnut next door who will be commenting tonight our building is right next door to the church's Annex Building both our building and the church Annex are directly across from small historical homes in the Linda I'm sorry you're cutting out so your internet has done what you were afraid it was going to do can you hear me now we can okay I will cut my comments short then I just want to know want you to know that our building has and our HOA has concerns about the design and that that's what we will be speaking about and I apologize about my internet thank you thank you Linda sorry about your internet um next up we have Matt Benjamin Grant couch and Kevin eglon

[106:04] Matt all right hope you guys can hear me we can perfect hi I'm Matt Benjamin I live in South Boulder I'm the campaign chair for ballot measure 2E our mayor our choice the Boulder Community made a clear statement last week um that want to elect our mayor and we want to do so with a much improved voting system rank Choice voting by a margin of more than 3 to1 Boulder residents are going to want us to deliver on this mandate for greater accountability and inclusion in our elections we want to thank Council for its commitment to our Democratic principles and placing this issue on the ballot even though we have three years until the year 2023 to educate and Implement an RCV election there's a lot of work to be done if Co has taught us anything it is that we cannot count on time we don't have now is the time to get moving as we don't know what the future will hold first and foremost we strongly urged that Council um take this matter as a top priority for your legislative agenda in 20121 as you've been made aware there's

[107:01] a supporting legislation that will be submitted in the state legislature in the next month or so this legislation would provide the very resources and guidance that our County Clerk Molly Fitzpatrick is requesting this bill is being supported by Chris Kennedy of Lakewood as being sponsored by Chris Kennedy I should say and our newly elected state representative Judy ma is also supporting Chris and perhaps considering co-sponsoring the bill as well we will not be alone in supporting this legislation as Denver is targeting a 2023 RCV election of their own we would also like to see a stakeholder working group be established to focus on implementation and voter education this includes but not limited to the county clerk's office city clerk's office city attorney's office uh Secretary of State's office the RCV resource center and our Mar our choice this measure has generated a lot of tremendous amount of a tremendous amount of awareness and momentum around election reform and we think it's in the the best interest of the city and residents that Council convene a Citizens based election reform working group or a more permanent Election Commission specifically tasked with researching and suggesting reforms

[108:00] for our council's elections as a whole for example multi-winner rank Choice voting eight of nine council members voice their support for such a working group back in September we hope you all stay committed to election reform as our community has made it clear that even Boulder can build a stronger democracy thank you for your time thank you Matt next we have Grant couch Kevin Ed and Riley manuso Grant thank you mayor um I've been a boulder resident since 2008 I want to thank Council for the dedication that you give to the city I have a renewed sense of that by just looking at tonight's agenda and then hearing all the critical issues you need to manage before I spoke it really is amazing so I I thank you for that my issue is minor considering your challenges but still important for the city's long-term viability ility I'm here to support all the concerns reported by my M my neighbors at 1655 Walnut and to add a couple of concerns to those that have been and will be expressed

[109:01] tonight I also want to thank the church for creating what could be a beautiful expansion of of their main campus however I'm concerned about the plans for the annex and the church I'm speaking about is Grace Church I'm sorry and I'm concerned about the plans for the annex and I will focus on two issues first is parking the plans call for 30 Apartments a large event space and Commercial spaces on the first floor unfortunately it only has 19 parking spaces available in the property this seems woefully insufficient given the very reasonable expectations that each housing unit will have at least one car parking on the streets in our neighborhood is already an issue during normal times with new 30 new housing units and the expanded events at the church in the annex parking will become unnecessarily challenging for the entire neighborhood second issue is the alley behind our building our current alley is asphalt and it's frequently in disrepair

[110:00] and that will be worsened by the additional wear and tear of the expanded Annex we ask the city to require the developers to pave the alley with concrete which is much more durable we would also request a commitment that no construction staging supplies Refuge Etc be allowed in the alley at any time we request that all staging be handled exclusively in the area in front of or beside the property that is on 16th in Walnut otherwise the obstruction in the alley will be quite inconvenient for everybody thank you again for your service and for considering these concerns along with all the others mentioned by our neighbors thank you thank you grant next we have Kevin eglon Riley manuso and Michael Kevin thank you I'm a resident also of 1655 Walnut and I want to First say that I appreciate the work that Grace Commons has done and do and does for our community including

[111:00] services for the underserved their supportive community events such as the International Film Festival and their plan to provide affordable housing in the new annex with that said I'm in agreement with all of the concerns that you've heard and will hear tonight from my neighbors at 1655 Walnut my specific concern is with a large outdoor deck that's currently planned for the fourth floor of the annex while the planning board will have to determine if the deck is consistent with the Boulder Valley comprehensive plan and with the downtown Urban Design guidelines it appears from what we've seen so far that it will be used for such outdoor events as music performances outdoor movie Nights weddings and other events that may include Amplified sound the noise and Night Lights from these type of events would be disruptive to our quiet neighborhood in closing I don't believe that this sort of outdoor venue belongs in a residential neighborhood such as ours and I would like to see it removed

[112:00] from the grace Commons plan thank you very much for your time tonight thank you Kevin next up Riley manuso Michael Abu and Mark gelband Riley Sam I'm not seeing Riley on the list Riley if you are here please let me know if you're here under another name in the chat or in the Q&A box um but for now we should move on to Michael Abu very good Michael you should be able to speak now Michael can everyone hear me yes okay cool thank you uh thanks for the opportunity to speak just want to talk about the mayoral ballot issue 2E and some things related to the city council I'm of the belief that over 75% of Boulder residents didn't vote to elect the mayor so that we could elect the figure head I think that the mayor of Boulder needs to have some real authority to give you some background on my perspective I grew up in New Jersey and I'd never heard of a city administrator like uh division before

[113:02] coming to Boulder um after living here for a couple years I can't say that I think they're bad I just don't think that I see enough of a difference in the way that this town is run compared to a strong Mar Run town that I'm more familiar with on the East Coast that I think uh that justifies like the less representative nature of a city administrative uh run toown I think that if you have a stronger mayor and a stronger Council you should also raise the salaries for the mayor and the council so that more opport so that um people who are less well off are able to consider running for local administrative offices um and so that's really just what I'd like to uh talk about yeah that's what I wanted to comment on uh so thank you thank you Michael next we have Mark gban Pat Egleston and Ry arango Mark and it looks like Mark has dropped off the call so I will let you know if he comes back in um moving on to Pat Egleston great

[114:00] pat hi thank you I also live at 1655 Walnut next door to the grace Commons Annex at 16003 Walnut and I also want to say that I appreciate the work that Grace Commons does for our community I also agree with all of the concerns that you will hear from my neighbors that there sharing tonight my specific concerns are first given that the church made a choice some time ago not to use their main campus as a location for their services to the homeless community that they be sure to address the ongoing challenges associated with these Services litter noise Etc secondly I'm open to an event center that builds a sense of community that we like here in Boulder providing outdoor music and Cinema but that's better suited for the main campus across the street that they're rebuilding and further away from our homes uh the noise would impact our daily lives and just to reiterate these are our homes we live here and the noise

[115:02] and the the light at night would totally impact our lifestyle thank you thank you Pat next we have Roy arango Scott Haron and jelle herzfeld Roy hey everyone yeah my name is ruy Rango I am the uh resident here in Boulder and I'm the former campaign chair for the no eviction without representation or newer ballot initiative because newer former because it passed thankfully um and that's actually what I'm here tonight to talk to all of you all about um I know that the city uh does have according to the language in the ballot measure up to a year to implement the program but I would urge you please uh I I'm of the belief that newer needs to be established much much sooner than that I'm sure all of you are aware that the CDC and Governor Po's moratorium are

[116:00] expiring moratorium on eviction are expiring on December 31st and I am very concerned as are many of the legal aid providers here in Boulder County that on January 1st we are start going we're going to see a huge uptick in evictions um and it would be uh I think a Prett sick joke if the pro program that the voters had approved to prevent that very situation was not available to deal with um what I'm fearful is going to be tsunami of evictions uh starting January 1 and working its way upward after that so I would just implore the the council please I think um our city needs newer um as quick as is humanly possible and um again after January 1st I'm very fearful that a lot of our friends and neighbors are going to lose their homes and wind up on the street so thank you thank you R next we have Scott Haron

[117:00] jelle herfeld and Patrick Murphy Scott thank you for the opportunity to offer comments and thank you for your work for the community I am also a resident of 1655 Walnut I do want to confirm that we fully support the affordable housing component of the project but we must address a failure of the design of the church Annex Building to comply with the downtown Urban Design objectives and guidelines specifically the mass of the building along with the lack of any step backs for the upper floors conflicts with the stated design objectives of compatible scale and sensitive design in the area where downtown AB buts residential neighborhoods we and the annex are directly across the street from the Chamberlain historic District including historic two-story Bungalows on Walnut when our building went through review several years ago its design was modified to respect and reflect the

[118:00] scale of the neighborhood by requiring a step back from Walnut Street for much of the third floor and further back for the fourth floor there are numerous references in the development record by City staff as to why such design modifications were appropriate it's interesting to note that a PR design of the new annex did include some step backs particularly where it meets our building but apparently a decision was made to Simply pursue maximum square footage this issue is a concern not just to neighbors but was also referenced in the land use review the preliminary analysis and in deliberations of the planning board the design of the annex must incorporate third and fourth floor step backs like much of 1655 Walnut the four story monolithic Sal stair Tower should be eliminated and any roof deck be set back from Walnut Street the current design is a threat to the character of the neighborhood and inappropriate in light of Boulder's

[119:00] Urban Design objectives and guidelines as previously applied thank you for your consideration thank you Scott next we have jelle herfeld Patrick Murphy and Lyn seagull jelle I'm not seeing jelle in the meeting jelle is if you are here under a different name please let us know in the Q&A um so moving forward to Patrick Murphy okay Patrick my name is Patrick Murphy I live in Boulder the mun has ended if a shadow mun is wasting resources that should be applied to direct carbon reduction then we're just making the same mistake over again the last 10 years have revealed that the city of Boulder has been a cheerleader rather rather than a pragmatic evaluator of cost and benefit our current claim of 21% carbon reduction is actually half due to excel's actions not Boulders we need

[120:01] full truth and we've not been getting it for example the $1.4 million that the mun borrowed from the general fund could have been used for real carbon reduction by the free distribution of LED bulbs LEDs use about 17th the electricity so that would mean an 86% reduction in carbon since a single bulb typically sells for less than $2 that would mean more than 700,000 bulbs could be distributed or an average of more than 16 bulbs for each of the 42,000 households in Boulder we never needed immunity for these kinds of actions we need to verify that the management of the regressive 2D tax truly ends the mun and those funds are directly applied to real carbon reduction in an equitable way electric vehicle plugins are a much lower priority than efforts that reduce energy use and power bills for the low-income households Boulder does not have a record of full

[121:01] transparency or full truth so this needs to be verified no matter what the city says let's hope the habit of Hal truth is ended along with immun solar incentives wind incentives renewable energy certificates and energy use reduction same suggestions different decade different world no mun thank you next we have Lyn seagull Maya Rafael and Peter Wells Lynn and Sam we do I have found Jazelle um so I don't know if you would like her to go now or if you'd like to fit her back into the order well let's have her go after Lynn so let's go ahead and T up Lyn and and then jelle and then Maya Raphael thank you yeah um Patrick you're you're off

[122:00] there you're off way off um there is no initiative required for Excel Energy there is far too much power concentrated in the city council we spent 10 years worth of effort and multiple ballot issues and Excel gets two months to determine to undermine the city of Boulder's efforts of 10 years we spent $100,000 and expel Excel spent $1 million and we barely won one of our ballot measures yet Excel has three months we have now as as a result of this franchise passing we lost a revenue of $2 billion in 20 years this this in the time of a virus we need this money now kamanche has huge problems with boiler failure from poor maintenance and we can't afford

[123:00] this I'm cold it's about 45 degrees in my room and I have my hat on and I will not get solar until we Municipal eyes and that will be 2024 or 2025 depending on if EXL meets their emissions standards in 2023 and we need to fire Tom we need to hire Ariel cologne back Carl explained all the city dollar burdens for covid Carl Castillo yet we threw away2 billion dollars of Revenue and 25 million a year spent funding Excel shareholders that we're going to be paying them now instead of ourselves unbelievable unacceptable now Rocky Flats Sam and Sam Weaver and Pat our County Commissioner voted for the developer over the science I cannot trust you Sam to make good covid

[124:00] decisions I also see the mountain side dug out from Mount cenitas on 311 and remember your decision on West Maxwell giveaway and the Seven other subsidies to allow thank you ly Senior Center on LY time is up fire zone Sam thank you Lynn next we have jelle herfeld Maya rafhael and Peter Wells jelle hi can you hear me okay great hi my name is jelle herfeld and I'm speaking today on behalf of the Rocky Mountain peace and Justice Center I'm here today to speak on the dangers of allowing public Recreation at Rocky Flats and on the risks of the of proceeding with the Rocky Mountain Greenway project Rocky Flats was a nuclear weapons plant that produced over 70 ,000 plutonium pits for nuclear bombs between 1952 and 1989 in that time there were two massive industrial fires in 1957 and 1969 that spread plutonium particles all over the

[125:01] Rocky Flats area and the surrounding metro area additionally there were Highly Questionable practices of storage and disposal of contaminated radioactive material including 5,000 barrels of plutonium waste that were stored Outdoors for 11 years taking plutonium waste onto the ground there is even documented evidence that 1,400 barrels of contaminated waste are still buried on site the site was officially shut down at an FBI rate in 1989 found severe violation of environmental laws the cleanup of the site was estimated by the doe to cost $ 37 billion doar and take 70 years but cleanup but what ended up happening was only a partial cleanup totaling 7.3 billion and ending in 2005 the result is that the Rocky Flats area is still massively contaminated with plutonium particles as well as other toxics such as amorium burum uranium and radioactive lead among many others in 2018 Dr Harvey Nichols estimated that there were

[126:00] billions of plutonium particles per acre when he testified in federal court when a plutonium particle is lodged in one's body through inhalation or ingestion it will remain permanently and will continuously bombard surrounding cells with radiation lasting impacts impacts of plutonium exposure include cancer IM IM deficiencies birth defects and a wide array of other health problems just two weeks ago the Broomfield city council voted unanimously to withdraw from the Rocky Mountain Greenway project and we urge the Boulder City Council to make the same commitment to protect public health and safety by also withdrawing their support and participation from the Rocky Mountain Greenway thank you so much for hearing me today yep thank you next we have Maya Rafael Peter Wells and Robin Wolf Maya hi can you hear me y good evening uh my name is Maya rapael I would like to ask the city council to consider in its formulation of a 2021 budget to divest funds from the Boulder Police Department and transfer them to

[127:01] the city departments that oversee investment and housing or sorry Community investment and housing the Boulder Police Department's 2020 budget of $ 38.6 million up almost $2.8 million from 2018 is too high while the city's efforts to initiate reform in community building within the police department are important and commendable police reform is not enough a 2017 study of the effectiveness of body cameras showed that the difference in Behavior between officers wearing body cameras and those who were not was not statistically significant another study shows that implicit bias trainings don't actually change police Behavior at least 13 cities Across America have taken steps to divest from their police departments Austin Texas among them cut one-third of its police budget and we will reinvest those funds into social programs for its citizens there is Need for similar change in Boulder our housing department budget was cut by $10.9 million from 2018 and with Boulder's ongoing housing

[128:00] shortage combined with the current recession policies and funding need to change an analysis from Columbia University shows that homelessness could increase by 45% by the end of 2020 adding on to an already growing problem in Boulder that requires increased funding for housing reinvest money into departments and programs that build up the community will in turn decrease the need for policing and will relieve the police department from its current need to be a One-Stop shop I want to thank the city for all of its efforts to improve the Integrity of our police department but I believe that Boulder has a real opportunity to listen to demands for structural change that run deeper than reform I therefore ask that the city consider decreasing the police department's budget in 2021 and reallocating those funds to the housing and Human Services Department thank you thank you Maya next Peter Wells and Robin Wolf Peter I don't see Peter Wells on the list Peter if you're here under a different name please let me know in the

[129:01] Q&A um so moving on to Robin Wolf Robin you should be able to unmute okay can you hear me you can okay thank you so much for time to join my neighbors comments regarding Grace Commons excuse me Annex plan at 1603 Walnut I speak for the entire HOA of the Walnut condos though we completely support the goal of affordable housing we all share concerns about certain elements of the annex design that don't comply with the boulder Municipal C code nor the downtown Urban Design guidelines I've limited my comments to one particular feature on the plan in addition to the event space patio on the fourth floor the plan also shows a fourth floor resident amenity deck in the Southeast corner of the annex the amenity deck is directly adjacent to at

[130:00] zero lot line with some of the Walnut resident units and patios as well as our third floor green roof which has further access to other units as well this is a tremendous noise and security concern for all of us the amenity deck could serve as a hub for all Annex projects residents and their guests at all hours effectively becoming yet another outdoor event space the plan does not appear to include any sound mitigation measures for that deck which the boulder Municipal Code requires this outdoor amenity space is not at all in context with its neighbor something which is required by the building code the proposed amenity deck has views directly into some of our residents bedrooms literally several feet away and quick access to their private patios by simply hopping a railing we have had issues in the past with people accessing patios on upper floors from our back alley stairs and then climbing over railings to move further along to other resident patios

[131:01] so security is our real concern this is just one detail of the annex plan but together with the lack of third and fourth floor stepb back and the potential noise generated on the outdoor event space in a historic residential neighborhood setting we are asking the city council to address the flaws of the present Annex plan additionally it would set a profound precedent for future development near a historic neighborhood and other parts of our city thank you so much for your time thank you Robin and Brenda unless somebody else has come in who we had to skip over I will bring no one okay very good so I will bring public comment to a close Aaron you have your hand up I just wanted to follow up on one of the comments can I go ahead uh I was going to turn to staff first is it just normal staff and Council okay great yeah that's it yeah

[132:00] so sta staff I would turn to you um and see if you have any response to any of the public comment Chris um yeah just one item from me uh several folks talked about implementation of various ballot measures and um we talked about that at the council agenda committee on Monday around scheduling of um various updates for those so um those will be coming in uh in the upcoming weeks here uh on some of those various items and that's all I have and I have nothing good Tom I have nothing Sam thank you very good thank you Tom and then to council and I've got Aaron and then Rachel Aaron yeah so thanks for that Chris because that's what I wanted to follow up on um from ruy Rango uh questions about the implementation of newer I share a lot of his concerns about the time sensitivity of implementation of that measure um given the the threat of evictions as the covid crisis continues so do you have any more specifics on on

[133:02] timing for getting that going um tonight or or when when will we know like how quickly we can proceed with that one yeah our team is working on um putting together what that implementation plan looks like and we're planning to put something out to Council on the community via the hotline hopefully by the end of this week great I look forward to getting that and yeah hopefully we'll have good news on the timeliness of that implementation thank you thank you an Rachel thanks Sam um couple things following up on ain's point I agree it would be awesome to implement newer um sooner than later to ru's point also wanted to um say that hopefully um the governor will extend the eviction moratory so I don't want people to see December 31st community members to think that like that's out there um hanging over our heads because uh on the evictions task force it was recommended that he have

[134:00] that in place until covid uh is is essentially behind us so I'm hopeful that he would at least consider extending that so just wanted to give people some Hope on that front um number second it was mentioned that the Rocky Mountain Greenway that Broomfield withdrew and I just wanted to ask staff or CAC if we could maybe get an update on why they did that so I don't I don't know who that's to but I'd be curious for the rationale and if there's something new for us to consider there we'll look into it okay thanks um and then on Matt Benjamin had suggested doing an election work group and just wondered is that something that we would bring up at The Retreat or how would that get kicked off as a conversation yeah I think that maybe could be something that we talk about at the retreat okay thanks great thank you Rachel uh seeing no other hands I just waigh in and point out that um going forward when it comes to the implementation of 2C and 2D the

[135:02] city which is the franchise agreement with Excel and the tax to support um the projects that will be part of that um I will just point out that the city has always been incredibly transparent with the costs and the allocation of funds both for the mun and I expect that will continue as we go forward so that's a commitment that we've always had there have been regular updates about meia expenditures including direct and indirect expenditures I expect that to continue forward um with the arrangements that we're going to have working with Excel and our partnership agreement so if there are no other uh responses from Council I would turn to Debbie and see what we have next next we have your consent agenda and you have items a through G very good and uh Council any questions comments or

[136:04] motion great I see no hands so we could use a motion I move the consent agenda [Music] second okay very good we have a motion in a second for the consent agenda is there anyone who wants to vote against it seeing none that will pass unanimously Mary your hands up was it just for the motion yep okay very good Debbie next we have your call up tonight your call up is 1820 15th Street or the grace Commons Church formerly known as First Presbyterian great and Chris I assume Elaine's going to present this correct yeah Elaine mlin and Charles farell from the planning department are here for few slides great thanks uh mayor and council

[137:03] members good evening everybody I'm just going to present a few brief slides so that you can um understand the concept plan um so uh it's located as most of us know between 15th 16th in between Canyon and walnut it encompasses two different sites that Annex sites that we've heard about earlier this evening and um the main campus of the church and so um let's see I am going to request um the slides if I could we have a slide up aaine just so you know we've got picture of the main campus in the annex very good um I will just have um Emily forward the next slide

[138:01] please so um just uh as a brief recap um on the main campus is that iconic red brick and Sandstone Chapel it was constructed in 1895 it's important to note that is not proposed to change with the application um the main campus has had a number of changes and additions through the decades one of which was built in the 1950s um that you can see along Walnut in the center photo it's proposed for Demolition and uh to be replaced with a new addition the annex site on the North that top photo has served for decades as the church youth ministry program as well as the Deacon's closet and that provides clothing and Necessities to homeless persons on a weekly basis um and then uh the annex is also where the church has for decades provided Thanksgiving meals to homeless community members as well as um the bridge house Community table dinners um

[139:02] currently it's a grab and go during the pandemic and then uh next slide please and then on that site the annex site the applicants proposing to demolish the existing building and construct a new three to four story and 55t Tall mixed use building the ground floor is proposed with tuck under alley accessed parking at the rear and would retain the Deacon's closet and kitchen and add a bakery cafe on the Walnut side um there's 30 permanently affordable residential units proposed on the second and third floors and a main um or rather a rooftop deck um and a vent space on the fourth floor uh then for the main campus that you can see below the applicant's proposing about 43,000 Square fet um in an addition that'll replace that 1950s Edition and would include assembly space and indoor

[140:01] basketball court meeting rooms and a rooftop event space it's planned at three stories and 48 to 49 feet then uh next slide please Emily for the planning board discussion on October 22nd uh the board discuss two key issues including preliminary consistency of the proposed project with the bbcp policies including jobs housing balance providing a mix of um uses in the Central Area preservation of historic resources as well as provision of affordable Housing and Community diversity uh the board conc concurred with staff's analysis that some policies weren't yet addressed um and those including uh minimizing impacts to neighbors particularly with regard to that fourth floor event space in the annex site and then um building design and mass and scale issues and then those policies of course relate to um the second key issue discussed in

[141:00] preliminary consistency with the downtown Urban Design guidelines so overall the board concurred with staff's analysis that they're building design aspects that require refinements before we um move on to site review and pointed to specific guidelines for Next Step and then it's important to note that there were 20 public comment letters received during the concept plan review and then at the hearing uh 10 members of the public um spoke next slide please so for next steps after concept plan review the proposed project would require application for site review both for the planned height modifications and then uh the residential parking reduction in the annex building a use review application would also be required and as part of that a good neighbor meeting for the event space and then given that the sites within the non historic area of the downtown Urban Design guidelines um it would require

[142:00] review by the design Advisory Board um and then similarly uh landmarks review for the small area um that interfaces with the historic Chapel um the small addition portion that uh interfaces with the historic chapel and then these steps would be required of course before planning Board review and disposition that would then be subject to council callup consideration um and next slide that concludes staff's presentation and I'm available to answer questions or I understand the applicants on the line as well very good thank you Elaine Council any questions for elain or Charles Mark yeah do I understand correctly that the uh the buildings along Canyon will be less tall than the buildings on Walnut the building on Walnut so there are no uh proposed

[143:01] buildings along Canyon it's the corner at 15th and Walnut where it's proposed to be a new building um addition to the main campus um so and is that the one that that's 40 is that the one that's um less than 55 ft you would mentioned two heights one at 55 feet and the other somewhat less is that correct that's correct and that that is that corner piece at um Walnut and 15th since there's a great sensitivity on the part of the uh homeowners on Walnut is there a reason why the height was maximized at the Walnut Corner as opposed to the other corner you know that would be a great question for the applicant if you'd like them to uh sure come on the line they're available who would you like me to unmute uh how about Pete

[144:01] Weber I'm not seeing Pete Weber I'm seeing um Doug Smith um Dean H H hlit excuse me sir um and Josh Felix I think Josh um might be your next best bet Brenda I think Coburn is uh potentially the the applicant thank you let's try that I am unmuting Coburn that might be Peter that is me can you hear me we can okay thank you um so I believe the question was um the uh the height difference between um the Annex Building and the the church building right that's correct yep yeah so um the annex parcel is the parcel that includes um the affordable housing component along with the event space and all of the Church Ministries related to

[145:01] the to the to the homeless as well as the bakery and cafe it also um will need to park um some portion of the affordable component of the project those things combined and uh particular the the the number of units and the square footage that is viable for an affordable housing project lead us to um to the 55 feet on that parcel which I would point out is the same height as our neighbors at the Walnut next door those demands are not the same on the uh on the church parcel and what is the rationale for an event space on top of the affordable housing it seems to be not consistent with the mission of providing affordable housing uh is it intended to uh promote the activities of the church or is it simply an independent event space that can be used

[146:00] for any purpose whatsoever um the intent is that it can be used um by the general public um the limitations associated with that event space are something that we are just beginning to start to form um we do need to put management plan together as part of the use review and we we intend to do that with input um from our neighbors the um the purpose of that event space is in part a financial one that helps to um to pay for the construction of this project and that event space could not be located anywhere else except on that building I might leave that one to Doug um to answer that question I don't know that it could not um but that is not the intention of this application so far no I understand I'm simply saying it it's a very sensitive issue with respect to homeowners who are quite close to it and I I guess I'm asking if there are any

[147:00] alternatives that the applicant has considered or would consider um to make it a less sensitive topic at this point we're in concept plan and um I think all options are still on the table okay then I'm simply expressing my concern over that issue thank you great anyone else with questions or comments okay great seeing none um I will also follow up Mark's uh thoughts with a comment it it certainly would seem like the event space at the very least should be positioned so that it is um as far away from possible as possible from other residences um and it also does seem like uh I I do have a question about the event space is that functioning as open space for the purposes of calculating the open space requirements for this project I don't believe so and in this

[148:02] context given proximity to the mall the Pearl Street Mall um they could request a land use intensity modification for that but if it does count it can only count to a cap of 25% of the required open space I see okay well the question before us is do we want to call up this concept plan so I'll open the floor and if any council member would like to request to call up speak now Great I Am uh Mark just a procedural question Sam um in terms of calling up would we have to then discuss the merits at this point or would we be doing it at a at a later time it would be scheduled for a later time tonight the question is do five council members want to call this up and schedule it for a later discussion of the concept plan I would be interested in calling it

[149:01] up very good I've got Mary next and then Aaron Mary thanks Sam um I'm not interested in calling it up but I wanted to um voice my support for um Mark's concern concs regarding the event space to um accommodate the event space somewhere where it um is farther away from residences Sam very good thank you Mary that's all I have yeah see I'm sorry to interrupt we do have another applicant on the line who has asked to be able to address um the events based question if you would like that to happen you say so this is one of the people from Coburn or someone else um someone else but part of the applicant group okay um why don't we go ahead and get through the council comments and we'll come back to that so um let's move to Aaron mirbi and Adam

[150:01] Aaron yeah no I'm uh not interested in in calling this up I think it looks overall like a great project I really particularly appreciate the incorporation of affordable housing uh here in downtown uh so I think that's that's exciting so I would um I do note that the planning board made a number of comments that are kind of line up with folks what folks have said tonight about the event space and minimizing impacts on neighbors so I agree that's a concern and I I think the um applicant will be looking at that based on the planning board comments as well great thank you eron nearby and then Adam nearby so I guess I'm torn I I'm fine with calling it up along with Mark but if they are going to address the comments that I think the neighbors are concerned about I'm fine with not it's just I'm not sure where we put our comments here because once again we're looking at one of those extremely ugly buildings with the weird pitched roofs I don't understand once again why we can't use a more

[151:00] traditional European style that would fit in better rather than these absolutely heinous buildings um and that doesn't doesn't even fit with the style of the church so I mean I don't know where we put those comments but again I'm if the applicants can address the concerns to the neighbor has I'm fine with not calling it up so I guess I'm I'm somewhat torn I don't want them to get further down in the project and then turn around and a you know the still isn't working great I'll just comment here nearby that if we choose not to call it up so if we come to a vote and no call it up I will call for final comments um before we move on so uh last hand that I see is Adams Adam thanks Sam I'm also not super interested in calling this up but I want to thank the neighbors and stress to the applicant that those voices should definitely be heard those are all very reasonable requests and you know I don't

[152:00] think it necessarily requires a callup to hear those but those should definitely be addressed um compared to a lot of the callup questions we've had in the past you know those are pretty minimal um overall so uh I won't be calling it but I really appreciate their input and I think it's really important in this case that the developers learn or listen and learn um from their comments thank you Adam Bob I'll say the same thing that Adam and Ain and others have said uh since the um planning board has already provided comments on what seems to be the largest issue and that is the location of the event space doesn't seem to me to be worthwhile for us to call it up and then um say the same thing so I guess I I would join um my colleagues in admonishing the applicant to listen to very carefully to what the planning board has already said and it sounds like Council or at least majority of council is concurrence with that great and at this point Brenda I

[153:01] think we should move on to the clarification from the applicant and then I will make a comment bring it to a vote sure so um Doug Smith I am allowing you to unmute thank you Brenda and thank you Mr Mayor this is Doug Smith on behalf of the applicant for Grace common church and our Builder Vision project uh specific to councilor uh Wall's question the event space was formulated after looking at a number of options for the fourth floor we have limited space that can be used because of the zoning restrictions on the square footage available and we uh looked uh around downtown spoke to a number of folks who felt that a fourth floor indoor outdoor event space was something that was desperately needed in downtown Boulder for special events when we have our unpredictable weather that you could be indoors or then merch the outdoors so the intents are things like graduation parties weddings any of those

[154:00] kind of things it is a public space we'd expect a public operator and it would be available to all of Boulders so that's was the thinking behind it and in part the revenues from that event space would help fund the mercy Ministries that are being provided on the ground floor and in the Bas ment and so that enables us to make this project work and the financing of the entire Project work thank you thank you Mr Smith okay so um I will bring it back to a vote and then depending on the outcome of the vote I'll call for final comments so uh we have a couple council members who have expressed interest in calling it up so I will um so would someone like to make a motion to call it up Mark or meby Sam I don't think it's necessary I think that the will of council has already been expressed in in terms of the majority of the council I don't know that a motion is is really required at this point yeah and I didn't need okay

[155:02] very good it was just if go ahead Mir things so yep so I'll make a final call for comments it looks like we're not going to call this up uh so if there's any final comments uh Adam yeah I would just say um if the event space isn't looking to be moved then at minimum you know there should probably be some sort of barriers uh for privacy and an abundant amount of noise mitigation uh for an indoor outdoor shared space that seems like a pretty reasonable request on behalf of the neighborhood great uh Mark yeah I hope the applicant will um understand why the concept of having a band playing on the uh the event space so close to residential neighbors uh might be Troublesome and and they might want to rethink that to some degree

[156:00] thanks great thank you and I guess my comment on this is it's a great project I truly appreciate the affordable housing and the services to the unsheltered so that is great and totally fits in with the mission of the church uh I think they probably is in need for event space we hear that a lot but I would make sure that the driver for the event space is more about service to the community and making sure that um the event space doesn't have undo negative impacts on the neighbors so I would say at the Good Neighbor meeting um that's going to be required for the use review that that be considered very carefully um and so while an event space is probably a useful amenity to the Community it's going to have to be implemented in a way that's not super disruptive to the neighbors uh with that since we're not going to call it up I think we should bring this to a close thank you to the applicant and to the developer for being here thanks to our

[157:01] planners and um Debbie I think we're ready to move on to the next item okay next we have our public hearing this evening we have the second reading and consideration of a motion to adopt ordinance 8430 amending title 2 chapter 1 Police over great thank you so for this item I'd like to welcome Joey laari uh who's going to kick off the presentation along with uh some other folks from the team okay good evening everyone evening council members of the public thank you all for joining us um we'll pause just for a second uh just to have Todd and Michelle introduce themselves before we jump into the presentation uh Michelle greetings change makers thank you Joey thank you members of council for all the work that you do my name is Michelle da I have been a part of the task force since its

[158:01] conception and um looking forward to getting this in motion so Todd hello everybody my name is Todd Conlin I've been a member of the task force since the beginning along with Michelle um I've been here many times before very happy to be here again okay so we have a just a brief presentation for you all um can go ahead and pull that up thank you Emily can go to the next slide so we'll be we'll be covering uh three basic areas for you tonight uh we'll have uh the goals and priorities of the implementation team and the task force Michelle will kick us off with that uh then I'll go into a discussion of the actual over it system as it's proposed uh and then Todd will close us out by discussing some of the adjustments we made to the ordinance uh some in uh direct response to the feedback from Council about a month ago um so we can go to the next slide and Michelle will

[159:02] take over unmute after the March 1 incident in 2019 some members of the council may remember the public outcry if not I think we all remember the feeling as a community of what set off this inquest to change um the way we'd been looking at oversight and um this Council created a task force to reinvent next slide our goals on our our outset were to develop oversight an oversight model that was independent from the police department to create Community Trust and um transparency on the community side to better analyze Police Department

[160:03] Trends and policy those Trends and policy analytics were to be used to create procedural improvements regarding complaint filing and investigation monitoring and Community oversight of Investigation outcomes the goal of all of these things was to enhance community outreach and engagement next slide in um January of last year I'm sorry I'm G to have a smallest side um no I'll save it um we convene to look at what was being done and what we could do to improve it so we had four areas of focus we had an independent Police monitor which we decided was the best method to serve this community as well as a community- based

[161:01] police oversight panel and Community investigation of the review process as well as Community engagement mechanism to better Bond the police department with the people that they are in listed to serve so I'm gonna here's my aside that you you see a handful of pictures here but I do want to pause for a moment and I don't want to be lab the process but I've been thinking about this and it's been two year just shy of two years and bridges have been built to overcome physical obstacles for thousands of years right so when bridges are built to overcome socialist Jews it usually takes a long time however this task force or originally composed of 13 community members built a uniquely tailored method of accountability to this community and

[162:02] building understanding of community perception within the Boulder Police Department we did this in record time these community members were volunteers but not only community members they as strangers with the goal of reinvigorating a system that hasn't changed in almost 20 years largely we are people who identify as people of color black Mexican Asian and mixed race all working in kind to create a more Equitable future we have professors students musicians we have different gender and ethnic identities and those with research and personal experience with law enforcement and the trauma Associated this work was done week after week with Incredible diligence in the face of regular trauma of headlines of another black life lost to yet another police shooting in less than two years we

[163:00] researched surveyed our community laughed cried and created no stone was left and turned as we debated and deliberated and bonded to serve the people of this community to the best of our ability next slide what we created was unique to our community as it should be and we decided that a full-time independent Police monitor with a community- based police oversite panel would best serve our community our independent police monitor is not inside the police department they have the ability to review and audit investigations on their own end complaints can be received outside of the police department as well as the ability to Monitor and pardon me as well as monitoring and establishing direct relationships with the community all of the members with voting

[164:01] power on the community panel are community members there's no police department members there's no City representation and they are all the Monitor and the community panel are able to make policy recommendations to further the growth of this department next slide please okay thank you Joey yeah thanks Michelle um so specifically what does ordinance 8430 do um it it specifically creates two new entities the police oversight panel uh and the office of the independent police monitor uh the oversight panel uh as as already indicated by Michelle um their primary responsibility will be to review the completed internal complaint investigations um they and by doing that they will then be in a position to make recommendations on the disposition of those uh complaint investigations and U any discipline U if appropriate um they

[165:00] can also uh after you know seeing many cases um they will likely come to um you know focus in on uh policy and training concerns and so they can make uh policy and training recommendations based on what they're seeing in the cases um the other thing that they that the oversight panel can do is um identify issues for the monitor to conduct further analysis on and then to provide uh further recommendations um so this really provides an opportunity for this panel to be um a a part of the uh process the disciplinary process u a part of um in some the policymaking process and so uh I think that's that's one of the the key uh features of this ordinance secondly the Ord orance creates the office of the independent Police monitor um which will actively and monitor the uh the internal investigations in an ongoing fashion in real time which includes having access to all of the records uh for each case

[166:01] and um observing the interviews of the subject officers of the complainants and of any Witnesses um so the monitor will very much um have the have the ability to see uh the process in in in the works as it's happening and then from that the monitor can make recommendations for additional investigation in individual cases um and uh can also make discipline and disposition recommendations similarly to the panel also like the panel the monitor can make policy and training recommendations either independently or uh as requested um through request by the the uh panel for additional analysis on a particular topic uh and then fin finally um the monitor actually conducts uh the that analysis of Department operations uh and outcomes and so that's a matter of getting access to data analyzing the data uh looking uh to see if outcomes are matching uh values and training and

[167:02] that's where the the recommendations would come from from the monitor as well next slide please and so the process as it will work if you remember the last time we uh provided a presentation for you all um had a much more complicated flowchart I simplified it just to sort of highlight the the main features of it so the monitor will receive all complaints uh classify those complaints you know as a use of force or poor demeanor failure to provide service what have you and then route those complaints uh to the Professional Standards unit so the monitor will will know all the cases that are are moving through the department uh the Professional Standards unit of the Boulder Police Department will still conduct the investigations and then when they're done uh when they' completed their investigation uh the the findings from that investigation will uh be shared with the oversight panel they'll have the opportunity to review the case files

[168:01] and then make any recommendations uh along the lines of discipline or uh case disposition uh to the chief their recommendations along with the monitor's recommendations um and the BPD Command Staff recommendations will go to the chief um so the chief U as the chief makes the final decision um we will I should I should say we all of these entities will be operating from the same disciplinary Matrix um so that will bring some uh consistency uh and predictability to uh the the recommendations um that are associated with the individual complaints okay next slide please um the last thing I wanted to to cover uh with the council members and uh with the public was uh is what the selection process will look like for uh the police oversight panel um and we the implementation team spent a lot of time thinking about this and working through this um we had a number of concerns um to address here uh understandably uh

[169:02] members of the council uh you know express some interest in um having some access to either the interviews or what what comes from the comes out of the interviews um understandably as well um the police Union uh members of of the department um The Command Staff would benefit from being able to see uh this process process uh play out uh in public um and so uh the implementation team decided to just go ahead and uh make these interviews this interview process public um that'll be it'll be done online uh anyone will be able to log in and uh sit and and view these interviews um the the public won't be able to ask questions but they'll be able to um see the questions being asked and uh see the answers um that interview process will be done by um imple the current implementation team members uh none of whom will be moving on to the police

[170:00] oversight panel they're all going to uh continue their work on the implementation team and then uh the selection process will pick a new um uh group of folks and then they will carry the the panel forward but this implementation team will be or or will be selecting um a couple of local nonprofits um if this portion of of the ordinance is passed unchanged um and the representatives from those nonprofit organizations uh will sit in on that selection panel and those nonprofit organizations uh there is a requirement that they serve the Boulder Community um so the these will be folks who um who who have you know who are in the service sector and who have likely have an up close view of uh police interactions and encounters on a daily basis um there will be nine panel members as proposed um two of those will be students there'll be uh threeyear terms for the non-students onee term for the students uh and then finally um the once the uh

[171:00] individuals are selected by the selection committee those names will go to council for approval uh and there'll be a public comment period um for the public to weigh in on those Nomine nominees okay and we'll uh go to the next slide and Todd will close us out here on some key adjustments thank you Joey so I will quickly go through some key adjustments that we have made to the ordinance in our last few meetings since we last presented to council so number one um we removed the investigative role of the monitor now to add some context to that um in past meetings we as a task force had deliberated regarding whether or not we wanted the monitor to be actively involved in police investigations when there is a complaint filed against an officer whether or not we wanted the monitor to be actively involved in that investigation you know giving direction and we decided that we did not want the monitor to be directly involved because we want to preserve the independence and that independent third-party role that the monitor plays that brings a lot of

[172:01] value to that position and that we want to preserve the Integrity of that if the monitor were involved in the investigation because the monitor is supposed to be the third party who is independently overseeing that and then they're supposed to answer questions to the panel if the panel has any questions regarding the investigation and having the monitor directly involved in that investigation would kind of compromise that third party independent position that we prize in the monitor so we removed the direct investigative role for the monitor that being said if the monitor does see something in the investigation that is so flagrantly wrong um they can make recommendations to the internal affairs Sergeant who would be conducting the investigation into a police police officer they can make recommendations and that would you know preserve the independence of that position and if those recommendations are not followed there's an appeals process that would be adjudicated by the city manager which we again are confident that would preserve the independence of the Monitor and we're

[173:01] confident um in those changes that we've made in that regard so moving on to the next one um the public meetings in confidential meetings we had spoken to council previously about how we want the police oversight p to have public meetings to the maximum possible extent we think being transparent and accountable to the community is going to be a key factor in the way the police oversight panel operates and we want to preserve that and at the same time there are certain meetings that we do recognize have to be confidential when they're discussing then reviewing in completed internal Investigations out of respect for the complainant and out of respect also for the officer involved um that meeting cannot be public because of confidentiality concerns SO meetings of that nature would be confidential but other meetings such as community outreach or if they're analyzing police data and working through policy recommendations those meetings would be public and we again believe that strikes a good balance between privacy and also accountability and transparency that we think is so important in our work here

[174:01] and then moving on to public interviews of panel applicants we know this was kind of a bigger concern for Council in regards to how members of the police oversight panel will be selected and in Council made it clear to that they wanted Council made it clear to us that they wanted there to be room for issue spotting so that um they could kind of spot issues in prospective applicants before issues like that were to come up and so the the system we designed was was that when someone applies to be a member of the police oversight panel um those interviews would be held publicly now when I say those interviews would be held publicly anyone can show up members of the public can show up you know you know so council members can show up anyone can show up but they don't get to ask questions to the prospective applicants they just get to sit there and listen that we believe makes the process accountable transparent it provides for issue spotting and we think it takes care of that concern that Council expressed to us now when the

[175:01] selection committee is deliberating on the applicants that will be private I mean I think for obvious reasons you for privacy reasons and accountability reasons it's good to keep the deliberations private but the actual interviews themselves will be kept open to the public then once the selection committee makes their choice they will forward their selection to city council and then you know there's room for public comment people can email city council about any concerns I think there would be room for people to speak as well so that again there's another spot for the for issue spotting for the role of the public to have a role in that selection process um city council also expressed to us that having 11 panel members would be unwieldy that that would be too large we deliberated on that again as a task force unanimously came to the conclusion that we would drop that down to nine and that nine would be a much more functional kind of cohesive number we're all very confident on that as well and the final issue is that Council expressed concern about the name police oversight panel specifically

[176:00] the word oversight um I believe one city council member stated that there were historical links to slavery with the word overseer and the word oversight and there was some some uncomfortable feeling on that we as a task force deliberated on that as well and we disagree with that and we would like to keep the name police oversight panel as the name for that board for that panel excuse me not board because the word oversight is the industry standard term that is the professional term for the work that that panel would be doing here I mean many of the organizations that we've worked with before nle the National Association for the civilian oversight of law enforcement that is the industry standard term we there there we don't see any historical link between the term overseer and the word oversight those two are completely separate in context I don't think the word oversight is dirty and the task force is we are united in our feelings on that so those are the key adjustments that we have made to the police oversight ordinance

[177:01] Council has any questions we' be very happy to answer I'll it back to Joey yeah that's uh that's our presentation as Todd said you're happy to answer any questions that MERS of may have well thank you Joey and thank you Todd and Michelle for your work um it is great work and uh I know it took a lot of time to do so we appreciate that very much so council members questions I don't see any hands up but uh this would be the time to ask questions uh Mary yeah thanks Sam and thank you Michelle and Todd and the rest of the task force you guys I mean that was those pictures are pretty sweet of the U task force coming together and all of the work that you did couldn't have been done without the bonding that occurred among you and um and the the the results

[178:03] show that so thank you very much um I have just a couple of well and the other thing I wanted to just thank you for reconsideration of um the terminology to be used for the panel and um I appreciate what you have um concluded and I thank you for that um two questions one is about um the the interviews will those be available for later um either um listening to or um video tape yeah we hadn't actually discussed that but I don't see any reason why that couldn't be done uh that would just be a matter of of recording them and then posting them online on our website okay that can be done absolutely yeah great thank you and then um the other question is about the the definition of family member the way it was defined I'm just wondering if that

[179:01] definition would cover a person who might have power of attorney um for over somebody's Affairs that might be a question for Tom or Louise yeah see Louise just came in yeah well we just took the definition that is contained in the city's ethics code for family member so um I would believe someone with power of attorney would would probably uh you know would we would probably consider that to be a conflict but we took the literal terms from the the uh existing ethics ordinance so if a person has power of attorney um over a person's Affairs they would fall within the definition of family member or they could function as a family member yeah that would be Mary I think the the intention is your question was to remove conflict of interest right no no it was just um

[180:01] the reason I'm bringing this up is because um a couple years ago my husband um rece received power attorney for a person who had no family in existence and so my husband was the only one that um was able to um provide the care that this person needed and so they received power of attorney and he was therefore functioning as a family member so I'm just curious if a person in that capacity would be accepted as a family member go go ahead Lise I was just going to say you know that that's I don't believe that's something we've had to address in the city's ethics code previously and it's true the family definition doesn't specifically say that but I would say that someone who has power of attorney basically stands in the shoes of the person who they have power of attorney for and I think that represents I would I would be willing to say that represents the function of the

[181:00] task force as well if you are speaking for someone you are essentially sort of biased so I would say that again Haven that out but I would agree with that in that the ENT of that section is to overall prevent conflicts of interest so it would also apply to someone with power of attorney okay you know and in general if there's a reasonable if a reasonable person would um you know believe that it's a conflict you know there's kind of it's It's not limited to um just family members if a person's impartiality can reasonably be questioned okay well thank you and then um that that's all I had thank you thank you Mary Rachel yep um just a quick question and thanks to Michelle and Todd and the rest of the task force members for all the work that you've done um as somebody who is not on this dis um when the incident happened that precipitated

[182:01] this I was um really uh incredibly bothered by what happened and hopeful that this task force would um produce results but the fact that it's happened this quickly and this thoroughly is is impressive to me and I'm really grateful to you all for the hard work um so the only question I have and I'm assuming that you would have told us if the answer is yes or anything because you all have been um crystal clear and focused and direct but wanted to invite um you to weigh in on is there anything that you're still dissatisfied with in this ordinance or anything that is a red flag to you or that um is I guess bothers you I didn't I didn't spot any issues so I just wanted to again invite your feedback on there something that um hands were tied on or that you would like to see done better or that you think we still need to focus on in the future so anything like that that you would share I think that in our last meeting

[183:01] as a task force um we all had a sense of finality and we all felt very confident in that we had reached our conclusion and the work with the ordinance so I think we feel confident here and that there are no outstanding issues awesome thanks Michelle or Joey I was I thought that was a question just for the implementation team members but um no I'm I'm satisfied with it I think we're in a good place I think we have all the the um elements that that the city of Boulder needs um you know the one big question is whether you you want to have the investigative uh role um for the Monitor and we discussed that the the um implementation team you know looked at that from every angle and ultimately decided that they thought uh it was best to keep the monitor separate from that so um to be able to do the the reviewing of the cases after they're they've been investigated so um no I don't I think um

[184:01] I think we have everything we need we're looking forward to getting it in place same thanks and I see that Michelle looks like she has dropped off and she was frozen up before that so if Michelle gets back on maybe she can answer your question as well Rachel but I think we have a technical difficulty um I think with no more questions I also want to say thank you to um our police staff who were involved with this as well um the chief as well as a few of her commanders so thank you to you guys as well Mary I see your hand up again I'm ready to make a motion no I I I'm ready to make a motion when we're ready so see we have a public we're not ready yet we have a we have a public hearing yeah we have public hearing coming up next so uh if there are no more questions uh then I think we're ready to go to the public hearing we have say one more mayor weer

[185:03] uh who who yes you can go for it I just wanted to thank all of the city staff that had worked with us Amy Kane Pam Davis and everyone else Lis Toro we we wouldn't have gotten here without them and they've been as much as part of this process as the implementation team community members and so we're very grateful to have had them and Michelle very good thank you Tod Michelle is back oh great Michelle did you have anything else that you wanted to say in response to Rachel's question I I beg your pardon Rachel would you mind repeating the question my phone I was on my phone and phone all the things so can you repeat the question just so I can be on sure um this will be paraphrasing um but basically I just wanted to invite you to let us know if there was anything that you felt was like unfinished business or that your hands were tied on that you wish had made it into the ordinance or is anything that you are

[186:00] dissatisfied with I wanted to invite feedback on um just red flags or things that maybe you think we still need to work on in the future or yet tonight I think my biggest takeaway from this experience is is not thinking that there's not more work to be done there is always going to be more work to be done we have done something Monumental and this has changed the way the city of Boulder addresses things and the way the city of Boulder brings people together and I think that if I were to have a criticism it would be anything other than a growth mindset is a failure but in this instance I think we achieved what we set out to do and I'm I'm grateful for everyone that was a part of it and all of you are included in that so just let's not think that this is the we're done we're not done we we have done something and we have to keep building and growing and that's all I have thank you agreed

[187:01] Michelle okay so I think we're ready for the public hearing uh looks like we have three folks Mark gban Lyn seagull and Marcos opina so if you're ready Brenda Mark Gan Mark has not rejoined us so we will start with Lynn very good Len yeah the West Senior Center dropped me from a zoom on prohibition this is my crime poof no warning after a half an hour conclusion of the presentation preceding question answers crimes I moved with my laptop to get my C plug-in cord to reach do you have a this is relevant Sam leave me alone I can talk about police in Boulder and about crimes in Boulder I spent all of eight seconds asking a question about an image of an eagle she said had a camel in it

[188:01] seriously this happened in Boulder one would think Zoom Replacements of live communication would be an improvement since last time I was suspended from the West Senior Center for one month the city probably spent $4,000 and three hours of time with an attorney Aon Bailey Marin Dobson Kristen Heiser staffers by the city defending the city's right to suspend me the accusation arriving late putting on hand lotion and taking off my jacket in a Jewish Family Services sponsored Circle talk I outwardly support the Palestinian cause here's my tax dollars at work now what I say about Todd and let me see Michelle it's great that you've got an oversight committee but you know we've got a virus here now we're talking tonight about closing our jails you know we've got bigger things to do and we have to look at investigations more

[189:00] closely than hands off I don't feel like I'm in any way included in this process of oversight I watch Zade ainson get screwed and I watched the city of Boulder hire a corrupt Rai from Denver my recomendations because my recomendations aren't G be any good if I don't know what really went on and this is my understanding of of you know Boulder is with the West Center for the crimes that I did God forbid you know that's my experience of crime oulder I'm a criminal for putting on hand lotion please you know I want to see what's really going on here with these bigger crimes that are going on which is mostly with our police and especially after black lives matter and especially

[190:01] after the you know the real important things that we're going to have to do when we don't have ja we're going to have to deal with community and we got to start now and can't do it by hiding everything may I the whoever is Lynn as the presenter we're not able to you're cutting in and out quite but you know yeah Michelle so thank you Lynn thank you appreciate it what was Michelle please send in your Lynn she she said she couldn't hear you so if you would send your comments in by email we can make sure that those get to um the folks on the task force so thank you uh the last person for public comment is Marcos Opa hi can you hear me hi my name is uh maros supina uh first of all I have a number of friends who signed up to speak at this public

[191:01] hearing prior to the cut off time who never received an email who've been kept off the speaker list including uh Misha who is in the call right now hopefully they can speak please address this and make these meetings more accessible uh than they currently are um yeah I am I am sitting grounded by miam cabba's words about how um you know uh you can't hold the police accountable it is uh something that cannot uh really be done especially with oversight um if the city council has final say and who gets to be on this police oversight panel then then the panel's legitimacy is a still birth Boulder City Council has repeatedly cited with the police department on issues of covert and overt violence especially against the in-house communities through sweeps the city council in reality does not represent the public interest at all most city council members never answer the phone calls from the community and their voice mail boxes are full um the city council

[192:01] is clueless when it comes to desires from the unhoused community in Boulder because they don't talk to them and you just uphold white local business owners policy of progressiveness regarding that actual conduct of the panel and private meetings the public won't know about it and could be kept in the dark about dangerous police officers or police actions for months until the panel relays a summary maybe an infographic after the process I heard words about uh privacy and confidentiality but the thing is a police officer has no right to privacy if they're being investigated for violence this is further indicative of the obsolescence of this panel finally all complaints about the police department will be given by the monitor directly to the police department by the Professional Standards unit and then all recommendations from the panel about police conduct changes will be presented again to the police chief for the Department to deal with internally they will police themselves as they already do the police have the

[193:00] final say on how to respond to the community's complaints about the police uh Chief herold's uh much fonded over disciplinary Matrix and all her actions thus far give no indication of potential harm red ction of Boulder PD if that's even a thing if harm reduction and police can be used in the same sentence mayor Harald has had Direct personal correspondence with the violent hate group safer Boulder both about the weekly violent sweeps of homeless encampments protects violent officers like Lola Tha and enjoys more funding to implement useless reforms probably coming up in 2021 this police oversight panel is synonymous with the Boulder toce Police Department that's essentially what it is and only makes space for more white and white adoring liberal comfort with no structural change but this is actually the goal of the panel so that give the power give people the full power in the oversight panel not just to make recommendations to the cops better yet defund and abolish the police because

[194:00] the people do more to protect each other thank you Marcos thank you Marcos appreciate your comments comment so um Brenda I would ask is there someone else who tried to sign up to speak at this that had trouble that you're aware of there is someone the person you mentioned is in the meeting I would ask Debbie to share um what that experience has been hi mayor um I've been speaking via email to Misha and um I did not find Mesa on the registration list at all when I pulled that down at four o'clock today um so I'm I'm not they didn't get a a a confirmation email either everyone else did so I'm not sure that they completed their registration it's totally up to you if you want to go ahead and let Misha um um testify if I may yeah if they're on the if they're on the call if I can weigh in here um I would I would recommend that

[195:00] we let them testify um if we were in Chambers people can sign up up to the last minute so if Misha is on the call I would go ahead and take their three minutes worth of comments Michelle is that okay okay very good Misha um the floor is yours um can you hear me we can we can so how many of you have ever been evicted how many of you have watched the police rip up the tent that keeps you from freezing to death while throwing away your medication your clothing and the diary you've had since age 12 how many of you have needed mental health care but instead had a SWAT team show up at your apartment pointing guns and a water cannon through your window have you ever had a police officer threatened to shoot you for giving someone a croissant have you ever gotten second deegree Burns because a cop decided that chanting and holding a protest sign is a crime and aimed a tear gas canister at your head have you ever feared for your life at a routine traffic stop have you ever feared for

[196:02] your life when two patrol cars a Patty wagon and a dozen cops in riot gear follow you home from peaceful demonstration each of these and much much more has happened to me my friends or my neighbors in the span of just the past several months your constituents have spent half of a year putting our bodies our freedom and our safety on the line demanding defunding and restorative justice how do you respond by giving the cops a raise protecting known abusers like Smiley and lolai silencing their victims harassing activists allowing the police chief to take bribes from racist nimes and displacing our neighbors now you offer us this quote unquote police oversight task force and call it Progressive you're allowing the cops to investigate themselves and decide how to reform themselves I hope you see the irony here at best this committee will be useless at worst it paints an anti-racist veneer over a deeply racist violent occupying Force when police respond to a situation the

[197:00] only thing they can bring is violence or the threat of violence what kind of protection and service do you deliver at gunpoint the institution of policing cannot be reformed we do not want useless bureaucracy we want real structural change defund the police or better yet abolish them we don't need State sanctioned murderers to keep us safe Boulder citizens and organizers have proven time and time again that we can do so much better than that meanwhile the council has proven that you don't give a about our safety or our rights thank you thank you Misha um with that we will bring public comment to a close and bring it back to council um Mary if I recall you were ready to make a motion are you still interested all right um Mary yeah yeah I'm right here um I moved sorry I move to adopt ordinance 8430 amending title 2

[198:01] chapter 11 police oversight BRC 1981 pertaining to the composition duties and powers of the city organization related to civilian oversight of police and setting forth related details second okay good we have a motion in a second we have two hands up so the way we'll do this is normally the person that makes the motion and the second speak to their motion and then there's discussion so we'll go with Mary and then Mark and then Aaron and Rachel Mary yeah once again I want to thank all the task force members and I want to just comment to the speakers tonight that um this is a wait and see let's see how this all goes and um as Michelle mentioned um this is something that we'll be learning and growing with so um I'm looking forward to the implementation very good Mark I think this is the product of a

[199:01] great deal of uh thoughtful work uh it's a very considered plan I think it I have high hopes for its Effectiveness um and for its ability to have a positive impact in this community and I am happy to support it thank you very good um Aaron well just want to start by giving a huge thank you to Michelle and Todd uh who've been in front of us so many times and have worked so incredibly hard on this for a very long time and brought a lot of uh dedication and creativity and um appreciate it so much along with all the other members of the oversight task force uh who've you know it's for forming something like this it's been incredibly quick but it's also been many many months right and a great deal of time and and hard work and careful thought so uh huge appreciation and um and so I think your your efforts are have produced a a really remarkable uh

[200:00] program that I'm really looking forward to seeing getting implemented here um and I'll just note that the um the Monitor and um this oversight committee are independ right they're independent of the police department and will function independently as a separate um separate entities so I think uh I think it's it's a good set of checks and balances um Michelle you called out exactly how the independence will work um so I think it's it'll be a new day and I'm I'm very glad to see it happen thank you Aon Rachel yep I um Echo everything that Erin just said I'm really excited for this to get implemented and um complement the task force again on their work um just wanted to go on the record again that I disagree with city council weighing in or choosing um or having veto power over who is on the committee because I think that injects politics but I'm not asking for us to discuss it again as I know I was in the vast minority that's all

[201:01] thanks very good anyone else seeing no one else I would call for a vote we have a motion in a second so all in favor of the motion raise your hand so I can see it Sam oh it's a roll call very good even better call the rooll council member wallik hi Weaver hi Yates hi young yes rocket I Brent yes Joseph Nel hang on J Judy we couldn't hear you is that a thumbs up thumbs up okay goodel I swti yes passes

[202:00] unanimously awesome well congratulations to everyone for the results of your very hard work and thank you thank you Council much appreciated May May who's it Michelle sure yeah I beg your pardon I just want to assure the members of the community that this was not something that was held lightly by any member of this task force and we really did and do represent this community and we'll continue to represent this community and continue to grow with you and thank you to council and everyone that's been a part of this so I hope you all have a beautiful night thank you thank you all Debbie next next we have Matters from the city attorney which daa anus brief thank you I'll be very brief the uh city has been asked to participate in an amikas brief that is being filed in

[203:02] the southern district of Texas the state of Texas has challenged DACA the city had previously uh participated in uh an amikas brief before The Supreme Court in um in an effort to uphold DACA U this is the opposite side of the same point uh Carl's interpretation of the the council's policy agenda would suggest that we'd be allowed to do this but since we had time I have to uh accept by Friday I thought I'd ask or just confirm that you're okay with the city participating in this amas briefing very good thank you Tom is there anyone who has any questions or anyone who would object to the city being part of an micus defending daaka I do not see any hands so Tom I would say that's unanimous support for going ahead with amik spre thank you okay Debbie so under Matters from the mayor and members of council our first item is

[204:01] the city manager search [Music] up okay who's going to lead on that eron sure I'm just uh sorry that came at me a little quickly I have to bring up the uh the notes here um one moment okay so the um there has been I think as everyone knows um a um city manager survey out to the community uh for some weeks 00 p.m. and as of this afternoon we'd received 928 total responses I expect we'll get a few more by the time that closed um and a final draft of a a position profile will be provided uh to us um on November 24th and uh the Jen

[205:04] sprinkle from hr's recommending that we approve that profile at our Tuesday December 1st council meeting and um once we do that uh the uh recruiter will begin a visibility campaign and active recruitment immediately following so I think that's the short summary Mary do you have anything to add to that um just one small comment about um we received an email last week um saying um voicing some um just some commentary on the survey and I just wanted to give a little background that the survey came um actually from inter interviews among the between the consultant and City Council Members each city council member sat with the consultant and um shared um what their priorities were and a lot of the questions on the survey were taken from

[206:03] those interviews so it was um a lot of council participation in the creation of that survey um Aaron and and I reviewed a couple of drafts of it and um that's how the survey came to be so um just wanted to make that um commentary and then just to add um a little bit that um the as Aaron mentioned that the recruitment would be begin around December 2nd and after that the timeline timeline is such that um there'd be a status report beginning um on December 7th um a status report and dashboards that would be available um on um on the website and then um on December 14th begin screening and interviewing of potential candidates and um provide um and HR would provide a detailed search

[207:01] update to council um on January 10th the target date for candidate materials um to complete act that would be the date in which the active recruitment um phase ends and interested candidates would provide materials cover letters and resumes things like that um and on um January 10th the candidate presentation and um on the 25th of January semifinal interviews with final interviews on the 8th of February um and then expecting to hopefully make an offer on February 15 good any Council feedback or questions I don't see any I I would just ask Mary and Erin it seems like a really

[208:01] accelerated schedule which I'm happy with but we have a holidays in the middle there so has there been any thought about whether there will be enough time as far as putting out the solicitation and getting more sponses it's a it's a good question Sam I mean there is a period of almost six weeks in between the active recruitment start point and the closing of uh acceptance materials um it does include uh the main holidays so we'll have to keep an eye on that you know maybe if we um if if we feel like we need a couple more weeks maybe we might delay the time time table but hopefully the six weeks will be enough yeah and I just wanted I just wanted to add that um Erin and Jen and myself had a discussion about how this was going to be straddling the holidays and um HR um felt that there was given that that six week span of time that it was adequate

[209:02] um but we can revisit that and just um you know as as the re as the recruitment phase starts um we can keep our eye on it and extend it if need be very good yeah I mean to me it just seems like another couple weeks if we got some additional candidates that would be good I'll leave it to you that was my only thought about the timeline so and I don't think anybody set in absolute Stone so we can keep an eye on it okay super and then my only other comment is I've got the CAC um agenda up here in December 1st we have a city manager search update um under matters is that where we're going to see the um the final uh position description will it be there or do we need to add um an agenda item that probably Mary you think it

[210:01] feels like it needs more of an agenda item because I think that's a decision point we need to approve that profile yeah and and I would agree with aarin and um we yeah we discuss that with um Jen the next time we get together with her great we have a little time so I think the other thing that it would be good if you wanted to consider would be do we want to have a public hearing on that so you know that might be the kind of thing where we want to hear from the public on the position description I'm not saying one way or the other I just would like you to consider it if you would and if you'll just write to CAC with whatever you decide that would be great we'll get it on December 1 okay okay I think we're ready for the next item okayy next we have the mayor program speeches of Interest very good who would like to speak up with

[211:01] interest I would say juny has put her hotline out so I think we've all seen that juny would you like to say a few words here I don't know that we successfully have jun's voice in today's meeting can you hear me though yes can can we can hear you yeah okay thank you um yeah I can say a few so so juny I'm sorry to interrupt you're juny you're you're cutting out if you could just cut your video off a lot of times we can get the audio clear if the video is off how about how about now does it work it's much it's much better thank you okay thank you yes um I just wanted to say thank you to you and my fellow council member

[212:00] and I'm pleased to speak before you to share my interest for the mayor protm um and I wanted to say I will speak slowly because my Wi-Fi doesn't work very well and as I have reflected on the position over the past week I've already shared with you my hotline uh and my community interest I'm seeking your vote because I believe I'm capable and I have not shown you any otherwise but more importantly as I mentioned to you in my hotline post I believe that we have to foster a culture of transparency and accountability in the work that we do even in these challenging times you need someone who's objective and fair I hope in the decision that you make next week you will make room for me to contribute to other aspect of our city council work the work we do is dynamic and complex it requires diverse perspective and constant refreshment of

[213:01] ideas our work is not singularly focused therefore you need someone who is bold and someone who's Innovative and creative and thoughts and I believe I'm your G also I promise to be open to be your partner in service and thank you for this opportunity and I hope you heard me well we heard you very clearly jimy and thank you for that um is there anyone else who would like to express interest in the mayor ptim seeing no one um I think we're done with this item and we will make the final selection at our next meeting uh K Debbie um next we have the consideration of a motion to appoint one member to the landmarks board to serve the four plus term um remaining um which will end on March 17 2024 very good would the boards and commissions members like to speak to

[214:01] this at all um I could or mirar do you want to start or I can or my button here all right um no you you can go ahead uh okay great so um as we've talked about uh briefly before um so we uh had recruiting open back in January at per usual for the landmarks board but um only received one application so uh council at the time we always prefer to see at least two for any positions so so we left that uh recruiting position open but never received a second application and then Co hit and I think kind of got lost in the shuffle um the one applicant is the person who's already serving on the landmarks board for partial term Ronnie palcio who had served for three years prior and was applying for this five-year term to uh to get to a total

[215:01] of of eight um so as a boards and commissions representative we wanted to bring this back to council to consider he's been a serving he's just gone ahead and served in that role anyway even though we did not formally appoint him so he's been doing the work um and I think generally I think everyone feels that he's done a great job in his three and a half years here so I I would be happy to make a motion or to refer to somebody else about this this potential appointment you know I think it'd be great if you wanted to go ahead and make a motion and then technically I think we have to open a public hearing before we um have a vote but if you would like to make the motion now that would be just fine sure I'll uh move that we appoint Ronnie palcio to a term on the landmarks board that was five years is now more like four and a half great is there a second yeah I seconded okay very good meby so we have a motion and a second we'll defer the

[216:01] vote until after the public hearing so Debbie why don't we move on to the next item okay next we have the um appointment of two community members to the police department master plan process subcommittee so Sam juny and I are going to take this one if someone could put up our slides that' be great so um Judy I'll start in and then maybe you could talk about one or or both of our candidates if you'd like so um as you all know we um we've launched a uh police master plan uh update um last time the master plan was up updated was seven years ago and and over the next year or so we'll be updating the police master plan um typically when we have a a master plan for a big department we'll have a couple council members serve on a process committee and they'll be joined by um usually one or two members of the standing um Community Committee like the open space committee

[217:00] or Transportation committee but with the police department there really is no um committee and so what juny and I and the staff thought we would do is simply open it up to community applications and um seek uh folks who would like to serve again this is a process committee we're not going making substantive discussions our primary objective is to engage the community throughout the the master plan process and so we did have a open application period for a few weeks in October you see there and we asked a series of questions we had about 10 applicants and juny and I and staff met last week and we very quickly came to consensus didn't we juny juny and I bought brought our list uh to the meeting independently and and it as it turned out we both had the top two choices so it was a very easy meeting juny do you want to speak to one or both of the uh recommendations maybe next slide we'll show their names perfect do you want me to speak now you just said yeah yeah do you want to speak as to mallerie at least yeah sure um yeah I

[218:01] think I believe all the applicants applications are great or were great and well written and I think all the applicants for their interest and I hope those who did not make it will continue to let their voices be heard by emailing Council or reaching out to Chief Maris when they see uh policing issues that are concerning to them so I thank them for their interest so the thought process that led me to mallerie Kate is minifold uh first of all I read the applications and placed them in two piles uh one narrow Focus as opposed to Broad perspective on what the applicants believe here or she uh would bring to the committee some of the applicants mention in their application that their narrow focus is to change police culture or make substantive changes and I remember when we discussed together as a council we mentioned that this committee is more processed so I

[219:00] was really keeping that in mind and I understand that you know the argument that process sometimes lead to substantive change and and um but to remain true to council directive and also to ensure that the person we select fits within the culture of the subcommittee based on expectation I thought that we needed someone who would offer a much more nuanced and Broad perspective I thought mallerie Kate um is such a person from my understanding even from staff um mallerie Cade has not worked within the CD apparatus before so this is a person who can offer us a different perspective she has broad expertise as well and I've had inray of both National and international experiences uh the work we do require input from people who have seen beyond our community and I thought she fits that um I I I believe she will fit in

[220:02] within our culture very well so that's uh basically my thought process and you can take it from here Bob thank you well sure I agree with everything that juny said about mallerie and and and um again juny and I um um came to our meeting last week with with our lists and it turns out that mallerie and and Marina lra who I'm about to speak about were were on the top of both of our lists so it was a very easy decision for us and hope you'll agree with us I'll speak briefly about Marina lagrave Marina describes herself as half Venezuelan and half French she speaks five languages for nearly 20 years she served she has served as a victim's Advocate with the police department she assists victims as well as supports the department as a translator and interpreter Maria Marina is a United Nations certified interpreter she's a language access specialist and uh has more than 30 years in integrating Communications reaching out to diverse populations um in particular she she um says she has extensive experience with

[221:00] the latinx communities in Boulder and again this is a process committee that's all about engagement and we were looking for people like mallerie and Marina who have um uh connections to parts of the community that we sometimes are unsuccessful in reaching um most recently Marina has served um in in in supporting our housing and Human Services Group as the community liaison translator and interpreter for our Ponderosa project and um outside of all that Marina serves as an executive board member of the high I Have a Dream Foundation of Boulder County so again we had tra 10 great applicants we really appreciate every everyone expressing interest um but for for juny and I I think Marina and mallerie really um uh provided us an opportunity to reach into communities that we didn't otherwise uh serve uh and if we can go to the next slide you can just see on the slide um what the the near-term process will be we'll be meeting with the committee

[222:01] actually if you agree to appoint these two folks we be meeting with them on Thursday is our next committee meeting um and they're on standby to meet with us on Thursday and then in Jan in December January we'll be meeting monthly for the forceable future and then we'll bring back to to you on Council on February 9th a project plan and timeline and give you a little bit more of an overview of what we think how the the engagement will will um will come together during the course of 2021 um anything else Juni that that we haven't mentioned no thank you Bob I think you've covered it all so I guess um just for sake of formality um maybe I'll make a motion and maybe juny will want to uh second it I I I move that we the council appoint mallerie Kates and Marina legrave um as Community uh Representatives on the police master plan process subcommittee

[223:00] second very good uh we have a motion and a second um Rachel if you have a question now is a good time for it um we would open a public hearing it and then have discussion afterwards um on the two items that we're going to vote on so Rachel do you have a question or I do I guess I'm wondering what our um process is here tonight like I don't remember seeing the list of all 10 applicants so I don't like are we rubber stamping this are we evaluating the applicants what is our as a full Council role here I think I think what we're I think what juny and I are asking you to do is trust us um we can certainly um provide you um the applic all 10 applications um but we went through all 10 with uh with each other and with the staff and we felt that these two application applicants um best served our community's need and being able to reach out to underserved segments of the

[224:01] community um we can certainly provide counsel with the other eight applications I suspect if you saw them you would probably come to the conclusion that Juni and I did and if have um concerns or discussion that would be after the public hearing right just about the process right and so yeah I would say that we don't have a formal process for this kind of thing you know often the um process subcommittee um is naturally formed of staff and maybe board members and council members this is a little different I think we're trying to bring in um some members of the broader community so I don't know that we have a formal process for this kind of work so we can discuss your thoughts um after we have the public hearing if we want to this is another thing we could touch on at the retreat if we'd like which would be since we've started forming these process subcommittees more in the last couple of years maybe we want to codify this process and the rules so I'll just put that out there that we're this is

[225:00] kind of a uh being invented now process that was my only question I'll just U hold the rest for discussion thanks okay so so I think we have two items that we need to potentially hear from the public on um and then I guess we have one more item under matters before we move on but the two items that we have that I'm aware of are the landmarks board appointment and then the um process subcommittee for the police master plan and then Debbie you want to te up the last item for us absolutely um the last item is the approval of the 2021 council meeting calendar and I intended to have a a presentation or have the slide for you but unfortunately I didn't get that ready in time so I apologize for that but it was in your packets yep it is in the packet and I will just turn to Tom briefly and say Tom do we need to have a formal vote on this or can this just be discussion I

[226:01] think you should vote to approve it because you're scheduling the meetings okay very good then we will have three items that will need to um have a public hearing on Aon I see your hand yeah I actually did have a comment on the schedule I I almost didn't look at it and but then when I looked through it I did something did jump out at me which was that our recess in the summer uh ends on July 4th um so it's like the Monday of July 4th is like the last day before our council meeting and I just wanted to say that I I have found over the years on Council that the week of July 5th is a really good time to actually take a vacation um because it at least in the Work World it gets very quiet that week so I was just wondering if there was a particular reason why unlike in in every other year at least since I've been following it the the uh ret the recess did not include uh the week of July 4th I think it I think it was just a

[227:02] timing thing of to as to when July 4th we usually try to come back the following Tuesday after the 4th of July and I think it was just the timing of when July 4th fell on the calendar this year and I think that's why it ended up being so close to the actual holiday thanks for that would it be a problem to shift a week so so that it started a week later and ended a week later I don't if we do that eron I guess my only comment Aon just responding to your your suggestion which would be that we would lose a regular council meeting if we do that we could potentially shift to the fifth Tuesday in August as an example but or and you're saying to take that whole week so I I'm just commenting in response to your comment that I think one implication would be we'd lose a council meeting well I I think what we can

[228:02] designate different meetings as official meetings and and not official meetings I I just want to put out there for people to consider that um I think in other years we've started in the second week of July and still managed to get the right ratio of business meetings to study sessions I think I think Tom might Mark know better but I think we go ahead I think Tom might know better but I think we're required to have regular meetings on the 1 and third Tuesdays we are but you can wave that requirement yeah change them make them special meetings but the charter does say you have a meeting on the 1st and third Tuesday the moment could I offer um I like um I like aon's suggestion um so could I offer a suggestion that we make um June 8th a um council meeting and and June

[229:07] 15th a um study session and then have well we could add a council meeting there instead of um on the 22nd I guess we could add a council meeting I'm just looking at the calendar and trying to um scooch everything over a week or we could just add a week to our recess so June 8 would then become a special meeting because it's already a study session so it would become a special me well if I could just chime in here I mean if there's interest in in what I'm talking about if there's not that's totally fine but if there's interest we I could we just defer the could we ask Debbie and and folks in the clerk's office to come up with a revised set of meetings and study sessions that that we would then approve like in a week you certainly could in in theory

[230:00] let's hear what Mark has to say I think Aaron's point is is well taken I think if we are scheduling a meeting on uh July 5th we may not be losing a meeting but we may be losing a number of council members um who are attempting to have a a bit of a vacation that week and so I I I think he's made a very good point and I would be supportive of trying to juggle things around a little bit um so that we don't have to meet on the 5th of July it be the six just to make absolutely clear um the fifth would be the city holiday for the fourth so okay so we have a proposal from Aaron which would mean that we wouldn't have to vote on this um so why don't we just have a show of hands who would like staff to go back and juggle and perhaps have the third week of June not the recess but have the first week of July

[231:00] be the recess so if you are in favor of Aaron's proposal please raise your hand one two three four so that's a majority so I guess the direction to staff then is to go back uh consider the the third week of June to be open and not recess make the first week of July recess and then see if you can juggle the schedule with a special meeting could be as simple as making July 13th a special council meeting but I think why don't staff take this back and just see if you can make that change and bring it back to us next week that' be okay yep we'll do that thank thanks for listening to me I appreciate it everybody great so bringing this back I think we have two items that we need to have a public hearing on that's a landmarks board appointment and the

[232:02] appointment of two members of the um police master plan uh process sub so my proposal is to give uh people who might be watching a minute to raise their hand in the Q&A so if there's any member of the public that would like to speak to either one of those two items please indicate by um saying yes in the Q&A Sam I have a question sorry to interrupt but like can people who are watching on Channel 8 somehow raise their hand and get in this meeting to comment I think what you're saying is for the like attendees who are here and that feels you know they need to log in as a a attendee at this meeting to be able to do that but is there a way normally if we're in Chambers so Rachel just just to put it in context if we were in Chambers it

[233:00] would be exactly this way the people who are in Chambers who either came on purpose to speak to one of the matters items or were there and wanted to speak could speak up so people watching on Channel 8 when we're in Chambers wouldn't have a way to to do that either so we have Lyn seagull and if people who are watching on Channel 8 would like to speak to either of these two items you can go online to the council page and look at how to come into this meeting okay so Marcos you made a comment um if you would like to speak why don't you just indicate that you'd like to speak as well Lynn we see you Marcos I see you Marcos if you would like to say you'd like to speak to one of those two items that'd be great okay so Marcos is yes and Lynn is yes so we have least two okay very good

[234:00] so let's start with Lynn um Brenda are you here and can you handle bringing folks in yep Lynn should be able to can you hear me we can we can hear you if my transmission is in any way impaired I want to know instantly how much of my transmission was blocked when I was testifying regarding the police hello to say Lynn it wasn't blocked you were just quiet you couldn't hear anything no you were just you were just quiet during my testimony for the other hearing seriously I was generally able to understand you anyway I'll back off I'm sorry so how much did anyone hear I heard all of it that was

[235:00] Rachel yep that was Rachel so who some people heard and some people didn't hear then we can hear you yeah I want handshake on everyone can hear me ly you've got three minutes please go ahead and yes could you put your hands up if you can hear me I can see you Rena can you also make sure's up thank you yeah and Chris you can hear me okay God I mean the virtual meetings are a challenge right sometimes you know so you have to work it out um Ronnie palcio he's fine very jovial guy I probably don't agree with him totally on development issues but I I support the guy and the other thing um is the police um what exactly about the police this police subcommittee it's a process subcommittee

[236:00] the appointment of two people to the police oh those two those two gals that um were brought up um yeah um I need the name the the email addresses of Michelle da and of Todd what was his last name from the public hearing because you said Sam that I have to email you right but I can't email you if I don't have their emails are they staffers Michelle can you hear me we can hear you Lynn Michelle D and Todd what are their emails please you can write that question to council at bouldercolorado.gov I've already written it multiple times on QA and no one answers me and no one answers the phone and I've called since yesterday you are not reachable the city council is not

[237:01] reachable tonight's special meeting was not supposed to allow public comment yet it's a a special meeting now does allow public comment I can't get simple questions answered I can't communicate at all with the city I've called since yesterday heard nothing I need the emails please give them to me live now so I can actually get them Michelle da are they staffers do I just put the how do you spell DA's last name gez hello is anyone home good God people are you robots I want the emails of two of the people that were here earlier tonight that since my virtual transmission didn't work I have to send my email to them as well what don't you get about that hello folks emails God you're unbelievable I'll use

[238:01] up my 52 minutes time I need two emails please I have tried calling city council for the past two days on simple things like is a special council meeting allow public comment or not and I get no answer nothing zero is this how you operate your city yep I guess so you're a bunch of clones a bunch of clones that won't answer to your public for a simple question none of you stunning stunning all of you are out come November next year now how do I get this Sam I email you well I don't have money to get CL cloudspace for an email thank you Lynn next we have Marcos Opa Sam if you'd like I could I can answer Lynn's

[239:01] question I'd send her an email we have her email address I think that that's fair great we'll do hi this is Marcos can you hear me we can Marcos okay sort of scrambling here um this public hearing is um not quite sure what's going on but this is being done pretty undemocratically uh this public hearing is only open to people who are already in this meeting which is pretty ridiculous oh my gosh uh no one knew about it anyway so concerning the uh police master plan I guess I just want to let the public know about mallerie Kates so mallerie Kates endorsed Bob Yates run for Boulders city council and also is on another um policing community group um who is very much for um these

[240:03] violent sweeps of homeless encampments where our unhoused community members are living um she is a anti-homeless activist and I just feel like the public should know uh who endorsed uh Bob Gates so um yeah that's all I have to say in this public hearing that wasn't a public hearing end of comment thank you Marcus so with that we'll come back to council we have two motions on the table one of them is the landmarks board appointment so why don't we take that first that has a motion and a second to appoint Ronnie pelucio to the remaining term of the landmarks board so any further comment discussion okay Aon I've got your hand

[241:02] up that's left over but uh Ronnie's pretty great so I'm looking forward to having him on the landmarks board for another four and a half years very good thank you um okay so we'll we'll take a vote is anyone opposed to appointing Ronnie Palo seeing none that appointment will pass unanimously and then we have the members of the um process subcommittee for the police master plan process anybody have any discussion on that item Rachel yep so um I was concerned to hear that um well first of all I I guess if we are to weigh in on this meaningfully I would have preferred to see who all submitted an application because I don't I feel like I'm um weighing in and avoid and I appreciate Bob's sentiment that it's good to trust each other but like I feel like who I need to answer to and and

[242:01] represent is the community so I would if I'm being asked to vote on something which I am because we just had a public hearing on it um I feel like I should have the information um and then second I was really concerned that um at least one sub Committee Member put things into two piles and it was considered a narrow Focus if people want to change policing culture and it sounded like that was the reject pile and that's troubling to me because as a subcommittee even on engagement you can shape what questions are asked to the community and if we block people out which I think that's a really broad way to think about it like we're going to look big at the big issues on policing so I think like changing police culture should not be a a ticket to the reject pile so for that reason I'd really like to see the other eight names um and and it's not a lack of trust it's just a for me to do this job I think if I'm supposed to vote on this I should see who was who all was uh

[243:03] up for the position thanks Sam if I could um um call I know we have other hands up but I can I can read off the names of the other applicants if that would make um people feel more comfortable the other eight applicants some of whom submitted applications after the application deadline some of whom don't live in Boulder the names of the other applicants are Paul Bradley Brad Davis haate Daly Greg eard Gary Ellison Peter Judkins Judy luk John and sha Moss very good um so then after Rachel we have Mary Mark and then back to Bob Mary yeah I just wanted to comment on the odd process of having a public hearing on all of the items under

[244:00] matters that's always been kind of a um odd way of um just a quirk of the the public hearings that happened for matters items um in the past we have done things like moved matters up to earlier in the evening we have also done things like um held a public hearing right after that particular matters discussion um so it's always been kind of a challenge on how to handle matters items and I don't have a solution to offer um but uh perhaps we could discuss it at the retreat and just talk about what options we might explore um because it's always been a little bit funky on how the public hearings under matters are occur oftentimes it's late at night and um it's it's hard for for people to

[245:01] actually participate so um just wanted to throw that out there thank you Mary um um next we've got Mark and then juny Mark yeah um I I understand um Rachel's approach to this but I I will say that I have a high degree of confidence in in both uh juny and Bob's judgment on this um and I am prepared to accept those recommendations um we do this all the time we we have committees in which one or two of uh council members handle the load of of uh you know processing an issue and I am comfortable with uh the the two members who have handled the load here um and because I have confidence in their judgment I I don't really want to act as the uh the HR

[246:01] department for the uh uh for this process committee and uh I'm I'm happy to uh be guided by both Bob and juny on this that's simply how I feel than you mark juny thank you can you hear me well do okay perfect I just want to say I do appreciate Rachel's comment and I do want sorry to interrupt I just want to reiterate yeah there you go is that better better okay perfect thank you yeah I just wanted to say that I do appreciate Rachel's comments um and the way she put it it does show a dichotomy and again I just wanted to reiterate when we talked in the subcommittee if you go back to the records you'll see that this Council itself mentioned that it was processed

[247:01] and I followed Council directive and if you do have an issue with the way my thought process which I believe was clear and transparent based on the direction that you gave us if you want us to go back I'm open to it if it is the will of council as a whole um again this idea of being singularly focused as I mentioned is you know again I I read the applications thoroughly and I thought it would be better to have someone who is uh multifaceted in wanting to engage the community as opposed to someone whose singular focus is just to change police culture so and and and again you can go back and think about okay which person would you prefer in an organization um because again it's not about activism it's really about you know it's a process so I I just wanted

[248:02] to leave it there and also I think there was a comment that was made about um you know the endorsement I think someone can be fair even if they're endorsed I was not I I I was not aware of that and not only that you know so many of us have been endorsed by community members and we still have to do our job and I think I come to my decision by myself and Bob came to his decision alone and we came together and we thought the same thing so I think I can say from my perspective so far it has been trans transparent and I would not say that just because Bob was endorsed by mallerie Kate somehow it's it's somehow tipped in her favor and again we all live in this community and we're all our community members so we interact with each other in a on a daily basis so I don't think that's really fair um so um whatever Council decide we will go back and that's my

[249:02] answer thank you thank you junor Adam yeah I just wanted to speak to the the two Unearthed sort of bad processes we've noticed here um in short order um one because we're going to be dealing with it again in our next meeting um even though it sounds like there's only one applicant for Mar proem that's another matter that has a public hearing associated with it so if we could indicate somehow on you know as a short-term fix uh on our agenda that there is a public hearing to that matter that might be beneficial to the community um just as a short-term fix and then we can discuss longterm um at the at the retreat something along those lines but I I I also am not thrilled with the process um you know I generally am in favor of trusting council members um especially two that have very differing opinions on most matters and

[250:00] uh who come to the same conclusion so I'm still not sure how I'm going to vote on this but it would be a matter of process that I would be voting against if I do great thank you Adam Mary and then Aaron Mary yeah um I I will support juny and Bob's recommendations um it it might have been helpful to just um send out the applicants um to everybody and then everybody could read them at their Leisure prior to the meeting um but I will um trust your judgment on this um I will also add that one of the things of a process subcommittee is um you know Rachel um I appreciate that you brought this up but one of the things that you make a real effort to do on a process subcommittee is not to ask leading questions um that your questions are um as objective as you can possibly

[251:04] get them um so that's that's what you strive for um and and yes you can ask um questions but the effort is always to try and ask them in such a way that isn't um looking for um a predetermined answer so um it's not to to shape the outcome of the question and I just wanted to say that because if if you get someone in the process subcommittee whose focus is to um be um add substantive um material to the process then it kind of defeats what the process is trying to do so I I would have been cautious and I would be cautious about folks that are looking to um make substance of change

[252:02] they can part certainly participate in the process and I would ask those folks that did apply to this subcommittee um who want to make substantive changes to be um to participate in the process thank you Mary uh we've got Aaron and then Rachel I'm G to jump in before Rachel you've had a shot and so I'm GNA just say my piece and I'll come back to you Rachel for a second pass eron yeah well I I thought Mary raised a good point which is I think it would have been helpful to get a copy of the applications you know as part of this and so ra Rachel I appreciate you bringing it up on that basis um so we would have had a chance to just review them a little bit on our own um but you know we do task uh subcommittees with working on these things and presenting recommendations and so um hearing Bob and jun's agreement and the substance of their recommendation I'm I'm comfortable moving forward with it uh tonight just but also like Adam said like I think we do we should come back to this at The Retreat just to make sure we get our um

[253:00] process ducks in a row and and make sure that well and just to say we have been doing more of these process of committees um uh recently and so it'd be good to have a a more defined process for how we do that going forward thanks thank you Aaron um so I'll just jump in here and say Adam I totally agree with you um we the matters issue as Mary mentioned has haunted us for many years um we have always felt the need to open for public comment a lot of times what we've done if there's great public interest as Mary said is try and move that to earlier in the meeting so that we can have the vote earlier um it's happened with call-ups and so we've we've often had this problem with call-ups as well so um let's tackle it again at The Retreat and see if we can come up with something better um in in the case of these two items um I don't think any of us foresaw that they would be a big public interest item so we

[254:00] should figure out that and also because we do have more process subcommittees now um we should figure out and I don't think many of them have had this question of members of the community so perhaps we should set a guideline for that as well um the council rules are always evolving and the matters question is is one that's always vexed us so um on the the subject at hand as far as the um uh process subcommittee I'm going to also support juny and Bob and their recommendation um I agree with Aaron and Rachel that it would have been good for us to have seen the the full set of applicants and and their application but generally speaking um all of us bring our filters to looking at board and commission applicants as well as these process subcommittee applicants and we have to make decisions on some basis and I appreciate Bob and juny explaining how

[255:00] they made their recommendations so I'm going to support going forward with the two that Bob and juny have recommended for the process subcommittee I'll say one final thing just to reiterate what Mary said the goal for process subcommittees is to make sure that the schedule makes sense make sure that staff gets input ahead of time so they can think about it and to make sure that our community engagement work is really well done and so the process subcommittee is not to make decisions about the substance it is to make sure the process is smooth and staff hears the political aspects from council members and Community aspects from community members board aspects from board members and then make sure that we engage the community so I fully trust that um Bob and juny will enforce that it's a process subcommittee and not a sub subcommittee and we'll make sure that that it moves along smoothly and with that Rachel yep um thanks and I

[256:00] appreciate everybody's points on that I guess first of all I've been to sub subcommittee uh process subcommittee meeting where they absolutely dipped into um substance so I probably am a little bit more on guard and and less trusting and so I think that a diversity of opinions on the subcommittee itself is helpful because then people will be um attentive to making sure that the the process is stuck to and not leaning in any direction so that's just I think my bias but also I I think because there was a public hearing and we were voting on it it's a little bit hard for me to just delegate my responsibility for independent judgment so that's where I just think the process of this doesn't make sense and then on top of that the fact that we um you know I obviously sat in council chambers in the audience a lot and there are very few nights that by like 900m in my experience um the the chambers were clear cleared out to just two people so like I think it is a little bit different to have um the

[257:00] virtual versus real life like chances are there would have been a couple more people there that had the opportunity to speak so for that reason I guess I wonder if we can um delay the vote on on what we had these matters public hearings on tonight and then invite people you know when they're signing up for open comment or public comment on the matters that are going to be open to public comment like invite them separately to sign up for those as well on this and future matters B guess I just have a question and and maybe the best people to answer this would be Barry and Aeron um because there a process a master plan process subcommittee that I recall having um uh community members on I don't recall in that committee or in other committees Council actually voting on who the community members were uh I think for example the open space master plan sub process committee that Mary and Aaron served on a few years ago the open

[258:02] space board just designated a couple of its people and I'm not even sure that those two people were the same people throughout the whole process and I think we've done other process committees juny and I really brought this to council as a courtesy um you know there was no requirement that we have community members on the process committee we thought it would would be a good idea um we looked at the applications if if folks want to have a more thorough process to establish a process we can certainly do that we we will lose a month we will lose the month of November because we won't be able to seat the process committee but if folks want to um see the applications people want to do interviews of the applicants if people want us to bring this back and have a second public hearing we can certainly do that and seat the committee in December and we'll just cancel our November meeting and we'll the master plan will just take a month longer to get done but if that's what the will of council going forward is I don't think that's been our practice in the past for process committees but if that's the new um uh process for process we can

[259:00] certainly uh follow that Mark Mark we can't hear you can now I appreciate Bob your your offer but I would frankly I would prefer uh not to get into that granular level of detail as I said earlier um I am content that that you and and juny have looked at the applications in good faith um with a view towards what will be best for the process subcommittee um and I I really don't see the value in our are extending the process um and and doing it in an entirely different way so I I am happy to um to vote on the selections that you've made and I would be happy to support them Aon well just uh Bob asked a question there I think the the the last the other process uh committees that I've

[260:00] interacted with have had board members um on them and not community members right so I think we've in those cases we've delegated to the boards to select their own membership um but I don't think we've had community members on a process subcommittee before so I think this is kind of new and Bob you're right we haven't approved them in the past because we'll let the board pick them so it's a little different this time around but great well we have a motion on the table second and um that motion is to appoint the two um community members recommended by juny and Bob to the police lease master plan process subcommittee so I'm going to take a vote on that um all in favor of the motion to appoint the two members raise your hand and I'll count so one two three four five six seven opposed Rachel I'm gonna abstain which is a nay vote but it's a no yeah so exension is a

[261:03] yes oh it's a yes yes fine then I'll I'll go nay I suppose reversed motion passes 7 to2 and we can bring this up as a subject at The Retreat I think we need a bucket at The Retreat of process issues we want to consider so there's at least three right now okay so that takes us to the end of matters I will turn to Rachel Rachel had two um issues I believe two you speak for yourself Rachel issues that wanted to bring up yeah so I guess it is kind of two threads so one is you know we talked about we get these Co updates and it's been a while since we checked in on enforcement so I just wanted to bring that up and I'm I am not a fan of incarceration like in most cases so I'm not pushing for us to be jailing people like was suggested is a a possibility for the Department of Health but um if

[262:02] like if what hangs in the balance is um community members ding and small businesses going under as I said earlier like I guess I'm I'm unclear on why we aren't looking at ticketing flagrant fowls you know like people um I see a lot of people without masks and not social distancing and like if one out of a hundred of them are contagious like do we want to look at that so I don't know if that's something we want to discuss tonight or just is can we build in some discussion around that because with with rates getting worse and people being inside more like I'm concerned so may I respond briefly about what we are doing say that again so we we are ticketing folks um the police are very active in ticketing people um they're not ticketing for people walking down the street without a mask uh the challenge with that is the way our our order is written you don't have to have a mask on as long as you stay 6 feet apart um so the police uh

[263:03] issued a a large number of tickets over the weekend uh we are working with the county the county has a more aggressive nuisance policy than the city does they are working with some of the the more flagrant violators of the the parties on that the city has uh charged everyone that the police have issued tickets with uh um the number is well over a hundred now uh I don't have the exact number off the top of my head I wasn't really prepared for this but we we are and then we refer them for the the ones who are students at CU we refer to them to the CU disciplinary process and I believe they've suspended 14 kids as a result of Public Health order violations so there is an ongoing Cooperative enforcement process we could Step It Up The Challenge has always been the police The Limited police resources to do the sort of thing where you're walking down the street and giving tickets for masks um that that would require a lot more police effort and they are reaching the

[264:02] end of their ability to enforce right now they're they they do an awful lot and it's these last couple of weekends have been extraordinary for them there have been a lot of big parties that are concerning and we' we've been focusing on getting that under control thank you Tom um Mark I see your hand up and then I have a process suggestion yeah I I I want to I appreciate Tom what you have described as the enforcement um regime that we've got in place but I I share Rachel's concern on this one and I I I don't want to do it tonight but I think we ought to make some time available for sort of a more in-depth uh discussion of what our enforcement looks like where it can be expanded where it can't be expanded um because clearly based on the presentation we received tonight whatever we are doing is not been satisfactory and um so I want to you

[265:01] know put in a my two cents uh in support of what Rachel is concerned about because I am also concerned about that subject great and my suggestion from a process standpoint is let CAC take this and have a look at it um we will need obviously the right staff here to be able to answer questions and uh that'll take a little preparation to do I will make one point about this um I think we want to have the discussion so I'm not pushing back on that at all but every Front Range Community is having this discussion and in the Metro mayor's caucus we've talked about this over and over and over again and nobody has a good answer for it so I will just say it is a very vexing problem and you know I look around the other communities on the Front Range and see who's done what and then I look at their current covid rates and it looks like the enforcement component nobody's found a good answer yet so it will be from a CAC perspective

[266:00] I think it will need to be at least an hour perhaps 90 minutes so we will take a look at that um in it May we'll try and get it in this year um but we have some long meetings coming up so is that good enough Rachel CAC will take it and see if we can do something I think that would be great unless people object to us discussing it well no I mean it's clear that it's a huge issue I don't think there's a bigger issue in the community right now than the co issue so um we we will take a look and see if we can figure out how to bring it forward sooner than later Rachel I think you have one more point that you want us to think about I do I see Adam's hand up though I'm guessing it's on covid stuff first I'm sorry yeah just a quick suggestion thank you um that it might be done during a study session since it's not a voting matter necessarily like guidance matter potentially um study sessions tend to get less public interest and ours are full as well through the end of the year

[267:02] um so we'll take that at CAC and think about that I don't think that's terrible idea but I I would think um you know we we'd want it to be near the beginning of a council meeting if we want the most public to be able to see the discussion okay so CAC has that on our list Rachel well CAC is scheduling things um you know Sheriff P said earlier tonight like people knew they wouldn't get arrested and so like there were no sort of sticks I guess um and that's part of what I am concerned about with covid but I also think that we get a lot of um at least allegations that crime is up and certain crimes are up so I would like to put in a plug that we maybe receive monthly crime rate updates the same like as we get for the revenue updates every month so that's maybe point one or question one is like can we get more ongoing current crime data

[268:03] automatically sent to council because we don't get it often and I know we have a new crime data analyst in the police department so I'll turn to Chris Chris do you have anything you want to say now about that um or can you point us to something now and I agree with Rachel and the following since we get our Revenue updates in our inbox and so that makes them very easy to find their push to us and so maybe at this point it would be interesting to see if we could do that with crime data as well but Chris what do you have to say yeah and I think as Council has heard and and heard from Chief Harold uh there the department right now has a strong focus on data and being able to report that data um and we're in the process of being able to be able to provide that information um let me check in with her and and her team um and her her crime analyst Beth to understand just what the

[269:00] process would be for a a monthly report or what their plans are in terms of publishing that information out but I know they're working on on being able to have that information available it would also be helpful if you could clarify what sort of crime data you're looking for are you looking for violent crime for property crime for all crime for citations are there's different way this so I think um certainly violent and property crime would be things that I'm I'm for myself interested in um knowing about and we get like we get a lot of uh email emails about bike theft as an example and I don't know if it is actually a crime that is increasing and if we have more information or data about it but um you know Boulder has has kind of been a town where you don't have to lock your door at night and it's you know I have a sense that maybe things are shifting during covid and and I think that that would help us to ask good questions and and make good decisions if we know

[270:00] what's going on in our city from a criminal perspective crime is up Nationwide particularly property crime significantly um and I think it has to do with the fact of nobody being able to jail anybody um so I I think it's it's a nationwide problem I was on a call with a group of District Attorneys from around the country last week and they were all struggling with how you deal with with crime uh without the ability to put people in jail and and I appreciate you saying that because that's kind of the second half of of my concern is you know if if you've got people ripping up tickets and there are no sort of sticks what do you then do and I think that's a conversation we need to have as well like how how do we respond to this because if rates are are skyrocketing then I think something probably need to be done different that's all I have on it Sam and then we have Bob and Mary Bob yeah I just wanted from a process standpoint I wanted to observe to council and to CAC that we actually do have a crime report from the chief

[271:01] coming not our next council meeting but the one after that so that would see to me to be the right time not only to hear her report on current CL crime statistics but also to share with the chief what we would like to see from her going forward with whether that's monthly pushes to her inbox what types of crimes and that kind of thing so I'm not I think we've already got half hour scheduled to talk just about this topic at at the at two meetings from now so I think we're teed up very nicely to have this discussion already right thanks for the reminder Bob Mary I was just going to comment that whatever data we do um are presented that it is something that can be um acted on I think data for data's sake um is one thing data for being able to um Implement a strategy on is another thing so um so to be um judicious about um

[272:02] what were presented so that it is indeed something that um can be acted on and not something that is just data for data's sake um because that's a an easy path to go down is to start um just asking for data points and then there's really you know it has to be actionable great thank you Mary so I think CC will do two things with what we've heard about pardon me um one of them is going to be to make sure that we have time for discussing covid enforcement specifically about um how how enforcement may or may not be able to bring down covid rates and then the other is crime reporting and we already have a placeholder for that and at CAC we will check in make sure there's enough time there and that we refine it

[273:00] so that staff knows what our ask is for that conversation okay anything else any meeting debrief any last issues we should talk about Mary I assume that hand is from the last comment you made anything new okay with that um thank you all um we finished a little sooner than I thought we would that's good we didn't make it to 11 awesome thank you all um we'll gav close the council meeting and we will see you all next week have a good night have a good night everybody good

[274:03] night