June 1, 2021 — City Council Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] [Music] so so

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[3:02] so [Music] here adam i thought you were supposed to

[4:02] be at cac this morning so as it got past eight i was making jokes that i couldn't believe you were late yeah sam we had did we have a cac before this week too isn't that aaron [Music] i was just thinking of you all the time i know a lot of people do that aaron is busted he was apparently late i was not i was exactly on time but somebody didn't let me in for a [Music] this is minute of us mary said she might be late today correct very much about 30 minutes [Music]

[5:07] she just doesn't have her camera on [Music] so i think we're ready to go if channel 8 is ready channel 8 is good to go all right and i will record there we go okay very good give me just one second okay welcome everyone to the tuesday june 1st regular meeting of the boulder city council we will start with a few announcements to kick us off first coveted 19 vaccinations they're widely available and you can find out information about how to get a vaccine how to sign up for one or where to walk in at boulder county dot org

[6:00] slash families slash disease slash coven 19 slash vaccines you can see that on the screen and then the second announcement is boards and commissions you still have time to apply to serve on one of the city's boards or commissions and we would love to have you join us in helping manage the city we're continuing to accept applications for the following boards boulder junction access district parking and boulder junction access district travel demand management and for the beverage licensing authority if you are interested in applying please visit the webpage at boulder colorado.gov boards dash commissions and with that alicia could you please call the roll yes sir and good evening everyone councilmember bronkett what was in handy uh present

[7:01] friend here joseph ear sweat nick present wallach present weaver here yates here and mary is not here oh she made it okay i was expecting you to be late my apologies and yeah present mayor we have a quorum excellent excellent good to have us all here um next i will need a motion to amend the agenda please we'd like to add item 8a it's a discussion on scheduling including a potential scheduling conflict with the major league all-star game um as well as a few other items to cover so

[8:00] could i get a motion to amend the agenda so moved second all right we have motion in a second any objections to amending the agenda great seeing none we will move on next we will move to declarations our first declaration will be the national gun violence awareness day declaration presented by council member friend thank you sam um and it is always an honor to present this it's my second year uh reading the national gun violence awareness day and obviously this year in boulder it is um hits home a little harder than usual so june 4th 2021 is national gun violence awareness day every day more than 100 americans are killed by gun violence and on average there are more than 13 000 gun homicides every year additionally more than 230 people die

[9:02] per day are shot sorry 230 people per day are shot and wounded primarily people of color and a third of them under the age of 24. americans are 25 times more likely to die by gun homicide than people in other high-income countries and cities across the nation are working to end the senseless violence with evidence-based solutions protecting public safety in the communities they serve is council's highest responsibility support for the second amendment rights of law-abiding people goes hand-in-hand with keeping guns away from those with dangerous and violent histories council and law enforcement officers know their communities are the are the most familiar with local criminal activity and how to address it and are well positioned to understand how to keep their communities members safe gun violence prevention is more important than ever as the kovid 19 pandemic continues to exacerbate gun violence after more than a year of increased gun

[10:01] sales increased calls to suicide and domestic violence hotlines and an increase in city gun violence in january 2013 hadiya pendleton was tragically shot and killed at age 15. on june 4th 2021 to recognize what would have been her 24th birthday people across the united states will recognize national gun violence awareness day and where orange in tribute to hadiya pendleton other victims of gun violence and the loved ones of those victims this idea was inspired by a group of ideas friends who asked their classmates to commemorate her life by wearing orange they chose this color because hunters wear orange to announce themselves to other hunters when out in the woods and orange is a color that symbolizes the value of human life on march 22 2021 a mass shooting at a grocery store in boulder colorado resulted in the death of nine community community members

[11:01] and one brave law enforcement officer the tragic event those who were lost and the pain of their deaths will live on in the hearts and minds of our community boulder is committed more than ever to being part of the change that prevents the unspeakable pain and suffering that follows these events to do all we can to keep firearms out of the wrong hands and to encourage responsible gun ownership to keep our community safe by wearing orange on june 4th 2021 americans will raise awareness about gun violence and honor the lives of gun violence victims and survivors the city council of the city of boulder colorado declares the june 4th 2021 as national gun violence awareness day and encourages all community members to support local efforts to prevent tragic effects of gun violence and to honor and value human lives um with that sam i believe we have a member of mom's demand action

[12:01] uh which is uh the advocate for wear orange day with us today christina gardner um and i i would also just like to take a moment on on behalf of city council to really thank mom's demand action um and other gun violence prevention groups in the area for being so supportive to our community um for for quite a while after march 22nd and for the uh advocacy that you all do at the local state and national level for gun violence prevention so with that i will see if christina is here thanks for being here thank you for that wonderful proclamation um as rachel said my name is christina gardner i'm a south boulder resident also a member of the leadership team for the boulder group of moms demand action thank you so much for issuing this proclamation to recognize national gun violence awareness day and

[13:01] for the opportunity for our group to speak tonight our local group appreciates the support of council members and has for the past several years um and we also would like to of course thank rachel uh for her longtime gun violence prevention advocacy and for being a former member of mom's demand action former volunteer and thank you also to to mayor sam weaver uh for being a member of the everytown coalition mayors against illegal guns um and the statistics as rachel already pointed out surrounding gun violence in our country are staggering um and unacceptable and in our own state they have become just a fact of everyday life for those of us here in colorado it doesn't have to be that way and in an average year here 805 people die by gun violence so with a rate of 14 per 100 000 people colorado has the 21st

[14:00] highest rate of gun deaths in the u.s and of course as rachel also pointed out our town of boulder has now become the site of yet another mass shooting with the tragedy of king supers and as was also mentioned this makes this gun violence aware on this day very personal and very significant to our local community our volunteers and supporters wear orange to demand a future that's free from gun violence and orange as was mentioned symbolizes the value of each person's life we wear it to honor those who are taken and wounded by gun violence and the call for an end to this crisis this year for where orange our group is hosting virtual events um and our virtual event is a soul box project the soulbox project collects and exhibits thousands of origami type hand-folded boxes to raise awareness for the gun violence epidemic and each of these soul boxes represents

[15:01] and holds space for one life lost or injured by gun violence defense accident or suicide and um this is an example of one that um my daughter just made today um and it was made for terry who we knew um at king supers and so she filled it with tissue paper and a couple of little jewels and terry's name and she chose the paper very specifically um the flowers and the papers were chosen very specifically for carrie she also made one for one of my friends who was lost in new york city to gun violence as well they're pretty simple to make my 10 year old made them my eight-year-old made one and my six-year-old is making one right now you can learn more about how to make one we'd love for everyone on council to make one um everyone who is um has been touched um by the tragedy at

[16:00] king supers to make one you can go to soulboxproject.org to find out how there's a really useful video we'll be collecting these all summer to mail to washington dc and we would love to have a large representation from boulder represented uh the soulbox project will be creating a large exhibit on the national mall in october and walking all of these soul boxes into the national mall in mid-october and we will have representatives from our local boulder moms to mount demand action group there in person for that and at the state level we have three gun violence prevention bills expected to pass this week and so as we continue to mourn the lives taken at the table mesa king supers we know that as a community there's so much more we can do to prevent mass shootings as well as everyday gun violence and as a member of the every town for

[17:00] gun safety survivor network myself i would ask that you join in reflection please for the survivors of the king super shooting and for those who were killed and i'd like to just say their names as i close and thank you again for the opportunity to share the work that our group is doing trelona bartacowiak suzanne fountain terry lyker kevin mahoney lynn murray ricky olds nevin stanisitch denny stong eric talley and jody waters thank you thank you christina and thank you rachel for the proclamation um next we have a proclamation or a

[18:00] declaration for lesbian gay bisexual transgender and queer pride month and this declaration will be presented by bob yates thanks sam and this is actually the second time today that this proclamation will be read earlier today juni on behalf of city council read this proclamation to a gathering at the corner of pearl and broadway and a rainbow flag was hoisted up on the flagpole some of us are still wearing our rainbow uh clothes from uh earlier today uh i've seen her yes he still has her rainbow scarf on so thanks for showing the spirit and today is june one it happens to be the very beginning of pride month so we thought this is a great time to read our annual pride month decoration so i'll read that and then i think marty moore with a boulder is here and can say a few words more than 50 years ago patrons and supporters of the stonewall inn in new york city resisted police harassment that had become all too common for members of the lesbian gay bisexual transgender and queer community

[19:00] out of this resistance the lgbtq plus rights movement in america was born during the lgbtq pride month we commemorate the events of june 1969 and commit to achieving equal justice under law for lgbtq americans boulder has a diverse lgbtq community that includes people of many ethnicities religions and professions and we consider diversity to be a societal asset that enhances and enriches the lives of all community members lgbtq americans have made and continue to make great and lasting contributions to strengthen the fabric of our community furthermore the fight for dignity and equality for lgbtq plus people is demonstrated in the tireless dedication of advocates and allies who strive to make this a more inclusive society as we move into a recovery phase from the pandemic we reflect on the resilience of our community members who came together and contributed to greater safety in this time of need

[20:01] these individuals led by practicing appropriate distancing and hygiene by volunteering at testing and vaccine clinics by donating to charitable causes and working together to transition events and operations to virtual formats to keep services going and our community connected all the while absorbing unanticipated needs in our community including child care and so many more things the city of boulder honors its commitment to the promotion and protection of human rights of the lgbtq plus community members and stands hand in hand with them in the continued fight for full equality and so therefore the city council of the city of boulder colorado declares june 2021 as lesbian gay bisexual transgender and queer pride month and we urge all residents to respect and honor the diversity in our community to celebrate and continue building a culture of inclusiveness and acceptance with that i want to turn over to marty moore

[21:01] who's the executive director of out boulder county marty hi um this is marty um councilman yates thank you very much um and city council thank you for the declaration um we're grateful today was a great day back in person almost um no masks and we were outside and council member yates and um and joseph thank you very much for your participation and nuria was a total pleasure to meet you and your words were impactful so i was thinking about them um since you last spoke them so thank you so much we're grateful to the city of boulder um there's been a lot of progress made under y'all's leadership um as nuria pointed out today from the all gender bathrooms at the library the downtown library to changing the building code which we haven't even really announced around bathrooms because we went into the pandemic right after the building codes were changed so

[22:00] there's a lot of work that's been done by you all and i'm grateful and i know it it takes a lot of time i'm grateful for all the time you commit to the city of boulder and all the areas including inclusion we're stronger we're a stronger community because of your leadership and we're grateful i um wanted to let you know based upon mayor weaver's comment we are doing a pride clinic in conjunction with el centro amistad uh b cap and together on saturday june 12th it's j and j uh vaccine from nine until one and then also there's going to be a boulder pride motorcade so you'll all want to be at that starts at noon sign up it's a secret location i can't announce it no i don't know where it's at so but if you'll sign up one i'll let you know where where we're starting for the parade on sunday june 13th so i want to say thank you um and i want to say thank you especially for all your work during the pandemic um the work of your staff had a direct impact

[23:00] um on um the health of the lgbtq community through the special grants that you all uh sent our way for cares funding through elizabeth crowe made a real difference and was a lifeline for a lot of people who were suffering and continue to suffer but we're grateful for that and grateful for the ongoing support of the city of boulder's human relations commission with sponsorship for pride so on that i know you have a long night ahead of you i want to thank you for your time and thank you very much for your work and for honoring the lgbtq community great well thank you so much marty for being here um much appreciated and thank you bob for reading that um and with that we will turn to the third part of the beginning of the meeting which is our municipal court quarterly update provided by judge linda cook you're on mute linda sorry

[24:12] all right your presentation is up let me see if i can help linda okay linda you're unmuted oh but we still can't hear we still can't hear you uh is your sound perhaps hooked to a headset on your settings next to your mute button there is a drop up arrow that might show different options for your microphones

[25:08] oh and now you're frozen [Music] well we are waiting to see if judge cook is able to um fix her technical difficulties who i see she's unmuted uh linda can you try and speak no i still can't hear you um judge khan would you be able to give the presentation i'm happy to give it a shot i don't have linda's notes but i have looked over um the presentation a couple of times this afternoon to look at it and perhaps if linda wants to check back in she can join us if i recall correctly from her notes uh

[26:00] the council was interested in getting some data from judge cook uh and from the court regarding disparities that might exist across racial uh [Music] backgrounds of our individuals that come to court and so she went about kind of breaking it down and what she's got here is i think she's going to join from her office she's indicated but what she went about doing was gathering information and really focused on traffic cases um and the primary reason for that is uh there aren't there are really is not a good set of data to work with with respect to fines although i think she will speak to this at the end of the presentation but not a great deal of data on fines that you can uh position with respect to race and and things of that nature so what you will be seeing here in these slides uh are the numbers with respect to the very various racial breakouts my role would probably today would have been to discuss some of the anecdotal issues that we face and perhaps i can start with that and if people have additional questions

[27:02] when you see the slides there really isn't a significant disparity between uh at least the fines that are imposed there certainly is some disparity in the number of people who are of color who receive citations and if you'll recall the way the municipal court works we receive citations from two different entities we receive them from the boulder uh police department and from cu boulder police department and so what linda did was gather the information for the citations but they issue tickets so when you first are looking at the uh racial issues from that perspective you're looking at uh percentages of people that are within the city of boulder perhaps white and black asians uh hispanics uh and i believe indian she also broke it down into india and what you would find is there is a discrepancy in the number of citations that are issued uh whites and blacks are actually overrepresented in those citations uh blocks to a higher degree uh than than uh white people and so that's certainly

[28:00] something i think that was brought to the attention of the police department on prior occasions and we won't spend a great deal of time talking about that but that's area one which is to discuss how our citations being issued uh and of course the court doesn't have much control over that the next step in the process uh is uh when tickets come to court then we have individuals who often will actually pay their tickets uh most people are offered an opportunity to pay without coming to court on traffic cases so many of them will accept a plea bargain for example if they had a four-point speeding ticket they could call the court or mail the court or go online even and pay a reduction a reduced fine and have the points reduced from four points to two points that fine is set and so that fine doesn't really vary across any of the racial areas that we might have then there there but there are some who do choose to come to court and it's actually a smaller percentage of those tickets that are issued of people who come to court and when they come to court they're offered plea

[29:00] bargains a lot of people will take the standard plea bargain offer that's made by the prosecutor's office and actually when they come to speak with me they will be told about their plea bargain the prosecutors allow us to tell them what the plea bargain offer is and they may accept that without even speaking to a prosecutor so even a subset of those who come to court are actually accepting plea bargains that are standard plea bargain offers a a small percentage will accept non-standard bargain offers if it's good if you're there perhaps if you can hear you you can take over from here okay um can you tell me which slide you're on i didn't move down slides i was just giving some background on what you had done so far and my role in court so that we could expedite the process a bit perfectly um so i just want to start out um i'm sorry for the technical difficulties i was in the courtroom and uh we have a different sound system in there so um obviously it wasn't compatible with tonight's meeting um if we can go to slide two

[30:01] um the two topics that i'll be presenting on tonight are council member young asked me to present data court data on race and race and ethnicity so that's the primary focus i do want to emphasize that this data is extracted from the municipal courts records management system it is not intended to be reflected abroad practices across the enforcement agencies they issue citations in the state and county court as well as the municipal court so this is not the full body of that data also it has not been subjected to any type of academic scrutiny next slide please um here are some notes about the uh terms that i'm using [Music] and the limitations that we have so the the terms are based on what is printed on the citation and it's not necessarily um what i would use in a different context but it's just easier to reflect what's on the citations there are some limitations

[31:02] in terms of what our court database records management system collects next slide please all right so we're going to focus largely on traffic cases as judge khan was discussing um there's there's a lot that goes on with these cases and it's a really big data set so it's probably the best data set for this kind of evaluation it covers the last three years um and if you have questions that are sort of uh one you want to ask about anecdotal experience that's probably bet those are probably best directed at judge khan because um he uh presides over most of these dockets uh next slide please just a reminder about traffic case flow there are three different um parts of the criminal justice system that are involved in addressing these cases next slide

[32:00] please so we're going to talk first about about the citations these are issued from the enforcement agencies and in particular for traffic citations they are issued by the boulder police department and the cu police department next slide please so here's the graph that breaks down all of the traffic citations issued for each of the last three years by race and ethnicity next slide please so because a significant number of traffic citations are issued to people who don't reside in boulder it's really difficult to see if there's any uh over-representation of any race or ethnic group when you look at the entire data set so to try to understand any potential disparities i used a subset of all the traffic citations issued over the last three years that consists only of the people who

[33:00] have bolder addresses you should not extrapolate this data across all of the traffic citations issued because the results of this subset might not be the same for the entire subset but if you take that subset of tickets issued to people who are city of boulder residents and you compare it across the city of boulder population breakdown you can see that whites and blacks are over represented compared to their population in the city and that blacks are over represented to a greater degree than whites next slide please all right i'm going to turn now to the next phase of the uh criminal justice system when it comes to traffic cases um this is the plea bargaining phase so as judge khan was mentioning when i popped back in there are some standard plea offers that are made by the prosecutors that the judges are empowered to offer to people who appear in court or for

[34:00] people who are issued citations the the points are relevant you can see that these uh there are point reductions that are offered the points are relevant because um if you accumulate too many points your driver's license is suspended so that is often the main concern for people coming to court um and it's standard practice in all municipal and county courts across the state to offer plea bargain that have point reductions the vast vast majority of traffic violators in our court take one of those two standard plea bargain offers next slide please so to try to understand if there are race or ethnic disparities in plea bargaining practices what i did was i looked at the very very small subset of cases that resulted in non-standard plea offers so out of the 17 000 plus cases filed over the last three years there were 337 cases where the plea bargain offered deviated from one of

[35:00] those two standard offers so only about two percent of the total cases um non-standard plea bargains are almost always better than the standard offer so as an example somebody might be offered the chance to have their four-point violation reduced down to zero points so the graph on the left shows the percent of individuals by race and ethnicity who received a non-standard plea the graph on the right shows for the sake of comparison the break of race and ethnicity across all traffic citations issued in that same time frame so um what you look when you see that is that the asian subset is somewhat over represented in the non-standard plea bargain group while hispanics are somewhat underrepresented but again please keep in mind that this is a very small data set of 337 cases next slide please so finally i'm going to talk about the phase of traffic cases that is left to the judge which is the imposition of

[36:01] penalties again the vast majority of cases the offender pays the pre-authorized fine amount written on the citation by the officer and gets that standard two-point reduction for the smaller percentage of offenders who come to court the judge decides on fine amounts and traffic school and those fine amounts are based on a whole number of factors but they include for instance the offender's driving record the facts of the case their ability to pay and so forth next slide please so this this table is a little bit um busy um but let me just try to walk you through it for the three to four point violations which are noted on the right the pre-authorized fine amount is 125 except for non-injury accidents and in those cases we add a designated surcharge onto the standard amount for school and construction zone tickets the law requires us to double the fine amounts so the pre-authorized fine amount is 250

[37:01] and that's why you'll see that the average for these tickets does skew slightly higher than the median if you look on the left the zero to two point violations the pre-authorized fine amount is one hundred dollars again except for non-injury accidents when a surcharge is added because a higher percentage of these violations are issued when there's an accident that's probably why the average and the median skew higher than the standard pre-authorized fine amount so an example might be a ticket issued for improper backing that's a two-point violation usually there's a minor accident where somebody is backed into another car or an object um the average and median fine amounts is pretty close across all demographic groups the one situation that did jump out at me is the average and median fines for asians with zero to two point violations and judge khan may have a better sense of why that might be one possible explanation is that there may be fewer

[38:00] accidents for this demographic group but that would be speculation on my part next slide please all right it would take a huge amount of effort to produce fine uh data for the fines and post in all cases where a judge is setting the fine rather than the standard fine being assessed we can certainly do that deep dive if that's a request of the council but it was relatively easy to do it for that small subset of people who received a non-standard plea bargain that 337 or two percent of the people so here's the data and posed about the imposed um about the fines and post in those cases so um you know again average median and range and the n indicates the number of people in each of those groups so again very small i wouldn't i would encourage you not to extrapolate anything from that next slide please

[39:01] okay i'm going to talk now very briefly about general offenses the um situation with general offenses though is that there are really no standard plea bargains and most people are not paying a pre-authorized fine amount so the analysis is just is much higher level for these cases next slide please so these are the percentage of citations issued by the various enforcement agencies for each of the last three years to different race and ethnic groups and just so you know there's a broader group of enforcement agencies that issues these citations in addition to the boulder police department and the cu police department the open space and mountain parks rangers issued quite a few citations as do some of our other enforcement agencies such as code enforcement and animal protection which is part of the police department next slide please

[40:00] so this chart depicts the citations issued to the subset of people experiencing homelessness um extracting that data is imperfect it is based on the charge that was cited like for instance camping so this method is inevitably going to include some violations that are committed by people who are not experiencing homelessness and it will also exclude some charges that are mostly completed by people not experiencing homelessness so for instance if a young adult up here experiencing homelessness is cited for minor in possession uh that's not going to be reflected in this data the left pie chart shows the distribution of citations to the unhoused across race and ethnic groups and on the right is a table that shows this data compared to the boulder county point in time data for 2019. you can see that there are some limitations to this analysis because the way the court

[41:01] collects data is different from the way the point of time survey does that nevertheless you can see that whites and blacks are overrepresented in comparison to their distribution in the unhoused population while the opposite is true for um indians or native americans and asians next slide please and the final subgroup i studied was the data for young adults based on general offenses committed by people age 18 to 25. a very high percentage of these violations are for minors who possessed or consumed alcohol or marijuana so i don't want you to think that that these are all noise and nuisance party violations certainly those are encompassed in this group but we get a very high percentage of cases for those two violations minors in possession of alcohol and marijuana um obviously not all violators are cu students but since many of them are i thought it might be helpful to look at

[42:00] our data compared against the demographics of cu students and as you can see citations issued to white and black ben offenders exceed their representation in the cu student body while the reverse is true for hispanic and asian violators next slide please all right so before i moved on move on to a community court update i thought i'd pause here and see if any of the council members had questions about this data thank you judge cook and judge khan council members any questions for mary thank you judge cook and um judge khan one just a quick question and um i'm wondering if what kind of takeaways you have from this data if any

[43:01] um i i think probably it raises some questions that might be worth studying but i'm not sure that it's given me any um strong takeaways um how about for you judge khan because you see most of those people charged with those 17 000 plus traffic violations the the data does not seem to to create a big takeaway uh counselor but i i can't say that what's probably more significant in our court is the economic realities that people face it seems to go across uh ethnicity the people that i see in the traffic arena and many of them are coming from outside of our city they work inside the city and they travel to and from or their students who are commuting to school so the data that we're looking at that small subset doesn't reflect those individuals who come across from an anecdotal

[44:00] perspective what i've experienced is that people struggle financially and have struggled financially significantly during covid and so even looking at this data from an ethnicity perspective those things tend to impact socioeconomic groups but greater uh if as you go down the economic chain and so for us for when whenever i'm looking at fines and considering what we've done it's really helpful to see the data broken out so that i can feel comfortable that i'm not in doing something that's not appropriate with individuals but i can tell you and counsel that what's really important to me on when i'm on the bench is that i'm encouraging people to share their economic situation with us because that's really what's the heart of this is are we imposing fines that are unfair based on someone's racial background but also based on their economic background because many people who come into our city don't have the same resources as some of the people who live within the city and so i try to elicit that from them

[45:00] when i'm talking to them and i think it's really important that we do this work where we look back and see what whether there are discrepancies as far as the fines that i we do impose because it does keep us i don't know if honest is right word but it allows us to kind of look back and say are we doing what we think we're doing so i think the work's fairly important and i'm glad the council does it thank you very much appreciate it thank you mary any other questions before judge cook moves on okay sing none judge cook back to you all right next slide so just a brief um community court update next slide please as a reminder i told you in october that we had just been awarded a community court grant um and these are the details of that grant that i shared with you in october um we'll go to the next slide i'll show you where we're at with the implementation

[46:04] so those top four bullets kind of olive green color shows that what we've done so far um we're really excited that we've [Music] that we are close to signing contracts with the three big service providers who would be working with for those what is really the heart of the grant financially and the other thing we're really excited about is the fact that we're taking court out in the community to the unhoused at a location that they frequent over there at um deacon's closet at grace commons church and the way we do that is we have a team of people that are going out with um a surface just like um many of you are using these days and um they are you know finding people right there on the sidewalk having them sit down on a stool and they're participating in court just the way we are on soon they're doing it but they're doing it from that location and i'm in the courtroom

[47:00] um we do um hope though to realize our dream of having community court located somewhere in a facility so that we can have it co-located with key homeless service providers that's our vision that's the way they do it in spokane which has a lot of parallels to us and so we are continuing to search for a location where that can happen next slide please and here's some initial community court data from the first two quarters of the grant um just showing you how many people we've screened enrolled the number of cases that reflects you can see that there are quite a few number of cases given the number of people enrolled um for all of these cases we've assigned sanctions or tasks many of which you can see a very high number of which have been completed and that is resulting in the opportunity for these folks to have their cases dismissed um so that's a very high level overview

[48:02] of where we're at with community at court at this point and next slide is the end and questions you may have about community court thank you judge cook council any questions about community court aaron and then rachel judge cook thanks so much for that it's very interesting as always so the with that grab part of it was for substance abuse treatment um how are you expecting to use those funds what kind of substance abuse treatment will people be able to obtain um well really we can obtain almost anything except residential treatment we don't have enough funding for that um we if we put somebody in residential treatment we could probably spend the grant using you know over three or four people however one of the models or one of the

[49:00] community courts in new york when they started doing this their initial use or their initial approach was to have outreach workers working with this pot you know working with the population of people that might need substance use treatment and just trying to figure out where they were in terms of their readiness for treatment and to try to build trust and relationships and then get them engaged in hopes and bringing them into treatment on a rather than just going in and saying okay you're assigned treatment this population is pretty skittish about engaging people and they're very relationship based so we anticipate that we will have outreach workers who will start that engagement and then um slowly as people become more trusting and more interested in working on that topic they'll have the opportunity to do so it could range from individual treatment to group sessions depending on what we find and it can include medication assisted treatment for um people who are open to that and

[50:00] for um situations where we have a medication that makes sense for that individual thanks for that well given that's one of the biggest challenges that folks face it'll be really interesting to see what the outcomes are for that portion of the brand thank you i agree thanks aaron rachel yeah thanks for the presentation judge cook it's cool to hear that you're going out to deakin's closet and kind of meeting people where they are so i was just curious um when you say you're hoping to to work with partners like they do in spokane what what what do you mean by that or what will that look like like where do you visualize going out outside of deacon's closet or places like that what sort of partners so in spokane um they have community court in two different sites one site is in their library which is downtown as ours is and one site is in a community center in a um you know think about for instance a

[51:00] parallel would be if it were at the south boulder rec center or something like that and in one room they're conducting court and in the other room there are up to about i would say 30 service providers that work with the homeless and so people can um go to court and handle their court case but then they can go next door to the room where the service providers are located and they're all there in one place so if they need to apply for a social security card they can do that there if they want to interface with a substance use treatment provider or mental health treatment provider they can do that there and it can be big things like substance user mental health treatment and it can be as small as the lions club for instance has representatives they are in spokane and the lions club charity is vision and so they are there with free glasses that are readers that they will provide to people who may have lost their readers or be in need of readers so it can run sort of the whole spectrum of the various different resources that people experiencing homelessness might

[52:00] need and in spokane and we hope to emulate this um you don't have to have a court case to go and participate in sort of that resource fair part of the um community court session that's all awesome and is that like a weekly thing i'm sure that court is at least yeah spokane is doing it weekly we are um we've started our community court doing it every other week um just because uh we're trying to see what the demand is if you will and again right now it's limited to the mobile or pop-up court as we sometimes call it but if we can find a site where we can do it and the demand is there for doing it on a more frequent basis we can do that spokane is about twice the size of boulder so the the need may be different okay all right that's great to hear thanks so much you're welcome thanks rachel mary yeah thank you judge cook

[53:02] sounds like you're making great progress and and um hopefully um some have great impact um i'm wondering who is conducting um the outreach is it the court navigators or was it personnel that was hired to the grant and what what is um the funding being used for so we haven't actually been able to implement the mental health and the substance use treatment yet we are still in the phase of the contracts have gone back and forth between the treatment providers and the city attorney's office and they're very close to being signed i know for um but once they are signed um i think that um one of the entities will be ready to go right away with some outreach providers and the other entity um will want to hire specifically for that position but we envision them going out with the navigators being introduced via by the navigators or maybe the

[54:01] homeless outreach team officers to individuals so there's kind of a warm handoff from people that um this population already knows and trusts and then i think they and they may um vegan's closet would be a great place for them to go on a regular basis as well as some other places um depending on what um you know what the service providers can offer us we don't want to be disrupted for instance but if there were the opportunity to go to harvest of hope or to the homeless shelter or some of the other places um that would be great as well thank you thank you mary um any other questions counsel great seeing none um i'll thank you judge cook and judge khan for being here thank you for the updates and great good luck on the community court implementation we really do look forward

[55:01] to hearing how the in particular the substance abuse treatment goes so that'll be great thank you both for your work thank you and apologies again for the technical difficulties early on we have great sympathy no problem um and with that uh we will be moving on to open comment and before we begin i'll call on brenda ritenauer to talk to us about um our protocols brenda good evening everyone my name is brenda rittenhauer i'm with our communication and engagement department and i will be sharing our virtual meeting rules this evening hopefully you can see the slide is that correct sam i can see it yep great so just going over our rules quickly as a reminder these rules help keep our meetings secure from those who might be out to disrupt us in our zoom platform um so the meeting has been called to conduct the business of the city of boulder

[56:01] activities that disrupt delay or otherwise interfere with the meeting are prohibited the time for speaking or asking questions may be limited we have two minutes for open comment and we will have three minutes for public comment this evening no person shall speak except when recognized by mayor weaver and no one shall speak longer than the time allotted we've asked each person to register to speak using your real name the name you commonly go by if you're using other than that name please let me know and we will get that corrected before you speak our next slide is that no video will be permitted other than city officials employees and invited speakers or presenters others will participate by voice only the person presiding the meeting this evening mayor weaver shall enforce these rules by muting anyone who violates the rule or asking me to do so we don't have the chat function

[57:00] tonight but we do have a q a box and which should be used for technical questions to me only and only the host or individuals designated by the host will be allowed to share their screen this evening and with that we are ready to begin mayor weaver excellent thanks very much for that um tonight uh we had eight people signed up for open comment and the first three are evan ravitz david dadone and patrick murphy evan hi evan rabbits north boulder good evening i'm speaking tonight about my personal experiences in boulder with being homeless directly caused by city action and about when i was evicted under the city's occupancy laws the old mall commission had police shut down my tightrope show on the mall repeatedly in the 80s

[58:01] until a lawyer discovered they were purely an advisory body under the city charter i became homeless and lived close by in the foothills unmolested for over a month i didn't need services i needed to be left alone i quickly worked myself out of it because i was left alone it's a travesty council intended to spend 2.7 million dollars to chase the homeless around instead of providing a safe legal camp like denver now has two successful examples of but i'm intrigued to see your final vote has been removed from tonight's agenda maybe our new city manager has pulled you back from the brink in 1993 i spearheaded boulder's voting by phone ballot initiative while running this campaign i was evicted under the city's occupancy laws i lived

[59:00] with three students all of them practicing small sea and large sea christians we had one car between all of us and we're quiet and studious my landlord always suspected that the complaint came from a neighbor who worked for the city and we both suspected the purpose was to defeat the ballot initiative which council opposed so as well as causing people to live in the shadows out of fear of being evicted this law can be used for political purposes so i will vote for the bedrooms are for people initiative and hope that council improves it by incentivizing affordability and car sharing thank you thank you evan next we have david danone patrick murphy and lynn siegel david you should be able to unmute now david yeah can you hear me we can

[60:01] great good evening good evening council i'm david dadone executive director and chief curator for the boulder museum of contemporary art and i think we have a slide great next slide next thursday july 10th bimocca will celebrate the opening of our summer exhibition the stubborn influence of painting gas curated by colorado artist kate pedley the exhibition brings together nine diverse artists from across the us and london whose work erases the boundaries between mediums and categories and examines how the history and influence of painting connects these artists directly and indirectly establishing common ground in unexpected ways the works and view include photography next slide textile next slide ceramics video and mix media constructions we invite you to join for a fee free public

[61:00] opening reception on june 10th from 5 to 8 p.m as well i would like to extend our gratitude to mary yang for her thoughtful remarks at seguimos we continue a program at bimocca last thursday that celebrated and honor the community generated sculpture at movimientosige which will be on display in bimaka's inside out exhibition platform until march 2022 thank you and have a good evening thank you david next we have patrick murphy lynn siegel and holly carlson patrick waiting for the slide

[62:00] my name is patrick murphy i've lived in boulder 51 years this open comment is intended to give our new city manager nuria a retrospective on boulder's effort to municipalize the electric system also known as the muni i hope you'll listen to my perspective as someone who loves boulder and has documented the failures of the muni effort with over 100 presentations to city council and made them available on youtube i'll send this link to you all the muni effort has wasted 10 years at over 30 million dollars even though boulder likes to think we moved excel to change and excel panders to boulder's vanity and pretends to agree boulder is only about four percent of excel's total electric customer base my goal is not to shame boulder which it certainly deserves in my opinion my goal is to accelerate carbon reduction in order to mitigate the imminent and current destruction caused by climate change as city manager you need to know when to

[63:00] be a cheerleader and when to be a critical filter for nonsense such as the following three lowlights of boulder's failed muni effort one it had always been clear that boulder needed to first pass muster with the public utilities commission instead we wasted many years and much money going instead to the district court and the ferc two the largest expense of the muni was going to be stranded cost and never ever in ten years was an estimate of this made and entered in to the financial analysis it was always treated as a zero cost and it was never going to be zero an estimate was never included because it would have ended the muni immediately three boulder thought it could take excel customers and facilities outside of the city limits this was clearly illegal there are many more examples don't let propaganda and conformational bias derail logic think critically please thank you thank you patrick next we have

[64:01] lynn siegel holly carlson and riley mancuso know ahead of time how long how many people are gonna be speaking on the open comments so you can switch it to three minutes if there's only nine people i mean on the public hearing you keep it at three minutes because there aren't too many people there it's like you're so inconsistent even within one council meeting you're inconsistent between all your boards it's like these are so basic like you're getting away with 18 minutes instead of 27 like what is this about come on people um regarding um the nexus study that came out about demolition in boulder it finally came down to one dollar per square foot that's nothing and when when a place is demoed the the value of that structure

[65:02] goes gets embedded into the land and if there's a good valuable structure there that you could repurpose um we're not hearing about it because the the the subsidy that the city does is a dollar square foot for demoing so what what is anybody going to recondition anything for and what's what are the contractors going to work for they aren't going to they aren't going to work on re repurposing structures so you need to get down to the brass tax that causes the issues of homelessness and unaffordable housing in boulder the um you need to do a hearing for rocky flats seriously this this city has come to such a poor representation of people

[66:02] you you should be ashamed of yourself really um nuria you know you're new here you better take a hold of this situation because this is not okay thank you then next we have holly carlson riley mancuso and markeisha key hagan ali good evening city council um this shouldn't be shouldn't take me long as i'm still wondering why do we have restrictions on the jails for a quote-unquote coven 19 when we have vaccinations rate up vaccination rates are up we have vaccinations that are readily available yet this past saturday i had to play police because i witnessed two girls being harassed and gawked at by two men from the homeless encampment behind boulder high school which has been cleaned up because i did a lot of complaining this weekend that's what i got to waste my saturday on for doing your jobs

[67:00] i don't understand why you rachel friend why you aaron brockett and why you sweat lick sit here constantly and give lame duck ideology to an issue that is very cut and dry i suggest you go to my hometown of delray beach florida we are the rehab capital of north america we actually got it right you guys can't seem to do it there's a company or actually an industry called carp comprehensive alcoholism rehabilitation rehabilitation programs they are governed governmently governmentally funded they work side by side with the judges so when these criminals who you guys think just should give tickets to constantly and let them run amok our city in our courts in florida the judges sit here and go well no this is what you've done and if you'd like to either go to jail or you can go to carp we're more than happy to pay for it i don't understand why you guys keep on sitting here and not doing anything when we had the wild west going on and i can guarantee you that the majority of the citizens here living

[68:00] in boulder are not ready to live in gotham city and the students here coming to see you they're gonna cut they go home and they tell their parents and the people who go back to florida that i wrote on a plane with two weeks ago went home and told their parents what they got to hang out with and i saw a lot of mom and dads at the united airlines baggage claim not very happy so you guys better wake up smell the coffee and all the feces outside of our homes that we're dealing with because you guys have let this come out of hand thank you ollie next we have riley mancuso markeisha key hagan and sherry hack riley hello council i am here to say that i wish my community a joyous pride month and i wish each and every one of you a distressing and challenging one keep the words pride out of your mouths keep the rainbows off of your dumb queer people are not just like you and we don't want to be we don't want the things you want

[69:00] i am not gay as unhappy but queer as in you keep stonewall out of your mouths storm de la vie miss major silvia rivera marsha p johnson they resisted arrest and threw bricks at cops to protect each other that is what pride month means it means fighting cops at the time they were condemned by the wealthy white assimilationist gay organizations like the mattachine society and the daughters of bolitis have you bothered learning that history i imagine bob yates who hypocritically read this toothless declaration was the kind of guy who got together to beat up long hairs and back in high school um and you don't stand hand in hand with the lgbt community what a joke you despise me you think i'm annoying and crass and hysterical because i am the one who is fighting tirelessly for our queer rights you do not you tell me that i am uncivil and that i am

[70:02] whatever um you don't care about lgbt people when we are actually queer and strange and off-putting to your middle-class upper-class white cis-hut sensibilities your every action makes it clearer that you don't really care about queer people and cops are always antithetical to trans people if you insist that the courthouse is the only place that homeless people should be accessing services if you demonize and min uh people with addictions and uh mischaracterize how those work physiologically and mentally in terms of ptsd and societal oppression um then you are forcing people who have often been victims of police brutality and sexual assault from police officers to be booked into the criminal justice system have their dead names displayed in the courts and in press releases in the newspaper forever and then put in boulder county jail

[71:00] trans women put with men in boulder county jail thank you riley thank you riley your time is up next we have markeisha key higgin and sherry hack markeisha just doing a quick audio check you're good okay thank you so thank you for the opportunity to speak here today i want to thank you all for your role in shepherding us through the difficult times we've endured over the past year one being the pandemic and to the king supers mass shooting we as a community have been through a lot and i come here tonight with an ask that i believe would help uplift our community with covet restrictions loosening i would love to see some sort of government sponsored community outdoor gathering or festival type event towards the end of summer maybe during the fall and i see this event as helping to facilitate our community's healing and i think it would do that by one you know allowing us as a community

[72:03] to hold space for reflecting on and sorting through our past year with our neighbors who have experienced these events alongside us and then two i think it can be a a place where those that are still dealing with the ramifications of the pandemic and whether that's the financial ramifications or mental health etc can get accesses to the resources that they need all in one place and this especially speaks to our neighbors that are typically marginalized and have been affected the most over the past year and then lastly i think it would be a great opportunity for us to showcase the strengths of our community so like the you know loving caring neighbors that are here in boulder but also the arts the food the music of the various cultures that are represented here in boulder and so i also cannot forget that you know as government is for the people by

[73:01] the people it would be imperative that the event be planned alongside community members i really hope that you take this request seriously and please know that i'm willing to help in any way that i can in making this event happen thank you thank you markeisha and our last speaker for open comment will be sherry hack sherry thank you i've been a resident of boulder since 1999. i'd like to discuss crime in boulder which is soaring each day i read new incidents of crime in our city and how people are afraid to use the parks bike paths discarded needle needles are found everywhere such as next to the bike paths and the mapleton ball fields etc this is thanks to the city giving out free noodles not even a needle exchange i've been a crime victim and the person that threatened my life because i wouldn't give him any money he was not arrested as the jail is closed like

[74:00] uh when will the jail reopen covet is pretty much over we have vaccinations anyway um the person who threatened me was only given a summons to appear in court which he didn't do because there was no incentive in there he had no known address for them to the police to go apprehend him i also want to talk about bill uh senate bill 273 i don't understand why city council supports bill 273 if this bill passes it won't be a good thing for the increasing crime we have in boulder police will not be able to do their job and protect the community from violent offenders who will be released back into the community boulder police department needs funding and tools needed to protect our community city council should approve and enforce ordinances that prevent illegal camps from redeveloping and prevent the use of propane tanks if this bill passes there will be no meaningful consequences for illegal behavior

[75:00] 273 isn't about bail equity it's about making it impossible for the police to protect our communities i don't understand why city council won't adequately enforce our laws and protect our residents and local business owners it's it's like you care more about people who come into boulder don't stay very long choose to live on the streets do drugs commit crimes then you do more about the residents who live here and really care about the city and and form the community and guess what there's a new situation in texas that's developed they have passed a statewide camping ban in the entire state and this may well exacerbate the problems we have in boulder because these folks may come here why not sherry thanks your time is up thank you okay with that we will close open comment and bring it back and first i'll turn to staff maria or um the attorney looking around uh uh sandra

[76:02] there you are maria sandra do you have any response or feedback i'm here thank you not at this time i appreciate hearing from community great thank you both council any response feedback great seeing none um close open comment completely and i'll turn back to alicia all right sir next we have on our agenda our consent agenda which has items a through c very good thanks very much so counsel any comments questions on the consent agenda or emotion aaron so um i wanted to get a question out there that i asked at cac this morning just to for the record it's about um item 3b which is about electric smoking device

[77:00] taxes so if staff could just clarify please you know how the vaping tax will apply to different products uh sold in a marijuana dispensary so i think there's a lack of clarity about that in the community right now so would you mind addressing that please sure good evening council joel wagner tax and special projects manager and i believe we have a slide wait for click to pull that up let's see let's see if i can share mine here okay thank you council member brocket for bringing this up this morning uh so very high level and we can we'll go into this more during second reading but these devices can be broken down into several categories and you can see on the left hand of your

[78:02] slide number one is the actual devices themselves so some of these devices are refillable devices that take a proprietary pod or or refill others are designed to take organic material or some other form of concentrate that can be purchased at bulk and then filled and then on the hand side under number two we actually have pods and disposable devices themselves that come pre-filled and then are designed to be disposed of after they're they're fully consumed so uh number one is the devices themselves those would be taxed under the ordinance actually as the ordinances currently written are taxed at 40 and then the devices themselves are the uh the pods and and disposables that come pre-filled with marijuana would be taxed at the marijuana rates so circle number one would be taxed at the 40 percent plus the city's

[79:01] normal 3.86 percent the disposable pods or devices that are pre-filled and contain marijuana would be taxed at the additional three and a half percent plus the city's 3.86 percent the value of the the actual plastic itself that these these pods and cartridges come in we we're viewing as de minimis and that we wouldn't attempt to break that value out from the actual disposable device itself and then the third scenario is when these products are sold in bundles so what you see here in the middle is is a pax era vaporizer the bottom half in the blue circle is actually essentially a battery and then the top part that's circled in red is the refillable or the the disposable pod that contains their marijuana so we would look at that based on on the value of each component of that so the reusable battery piece would be taxed at the 40 percent

[80:01] and then the disposable pod would be taxed at the value of the marijuana that's in it at the three and a half percent so thanks joel that's it's very helpful and clarifying would you mind sending a copy that slide out to us when you get a chance so that we have it handy to show we'd be happy to absolutely thanks very much very good thank you aaron okay any more issues with the consent agenda or is there a motion mark sorry about that um i have also a question about the uh the ordinance um one of the letters we got claimed that some of the devices for consumption of marijuana run into the hundreds of dollars is that is that true i'm sadly um out of date on that uh that's correct yeah some of them

[81:01] are large desktop uh devices and and they can run in the four to five to even six hundred dollar range well then i guess my question is is this actually going to generate revenue for us or is it simply going to be a sales tax boost for louisville and lafayette i mean on what basis would one want to spend 600 on the device you can get in louisville for four hundred dollars i'm not quite i'm not quite sure what we're going to be achieving with this mark this doesn't go to the underlying tax that was passed by the voters in 2019 as an attempt to discourage youth access to these smoking devices this is a clarification of the code but some businesses have refused to pay the tax because they claim it doesn't apply to anything that's used for marijuana but i i don't think it changes my question which is if it then if we then clarify the ordinance

[82:01] to make it applicable to those devices um what exactly will be achieving if we can fairly predict that those devices will still be acquired but through a 10-minute car ride to another municipality so now if those devices are sold in tobacco shop or any other shop they're taxed the marijuana businesses are review marijuana is actually some smoke shops like the federal refusing to pay the tax claiming that it's not intended for products that are used to smoke to to vape marijuana products which isn't the case and i guess my my last question is you know as you look at the statutory language we clearly have enough scope in there to make it applicable um we we did have uh the appropriate language in there but i i do question a little bit whether that was the original intent um of this legislation

[83:01] i mean it really spoke and it really did speak almost entirely to uh um vaping devices and and the like the intent of the legislation was to discourage youth access to vaping products and it i i don't think it was the intent of counsel of the voters that they should be able to get them cheaper in a smoke shop than in one place than another okay all right thank you tom very good thank you all uh bob if there's some more questions i'd like to move the consent agenda second okay we have a motion and a second and alicia i think this is a roll call correct yes sir it is councilmember brockett so um if uh sam do you mind if i just speak a few words as i vote

[84:00] no of course not go for it great so i'll although yes on the consent agenda but i'm going to vote may on 3c the supplemental appropriations the 2021 budget just to be clear i'm supportive of the vast majority of those budget appropriations including the downtown ambassadors the new park rangers um but i'm voting no just because um i feel like the additional police funding at this time when we have so many unfilled positions in the police department is not the right way to be spending that money uh while we still have so many departments that are suffering cuts because of coding so that's that's why i just wanted to speak to it thank you council member friend uh my vote is the same as aaron's yes to the consent agenda um except for as to 3c and for the reasons that aaron so well articulated councilmember joseph hi

[85:02] nagle i'll be voting yes on everything and i hope that this helps the community um those especially who have been calling in and worried about the crime that's happening i hope it shall help show that we're very serious about fixing these issues councilmember sweat nick yes no i'm 3c councilmember wallach hi mayor weaver hi councilman ryates hi and councilmember young yes the consent agenda passer with nays on 3c from bracket friend and swetlick thank you very much

[86:00] all right next on our agenda we have our call up check-ins first we will begin with item 4a an application to rename the settlers park trailhead and park area in west boulder to the people's crossing and i'll ask dan burke and philip yates to come forward thank you thank you council uh my name is dan burke director of the open space of mountain parks department and phil will join us in just a minute i i just wanted to first to express my thanks to council for providing us with a few months of time to walk you through the process that was undertaken over the last five years to bring this name change uh before you and uh and just to express uh how exciting it is to bring this to fruition it's been a five-year effort that it's involved a number of uh community members community groups uh bor uh a board a commission a lot of staff folks um uh the council of course and over a

[87:01] dozen uh native american nations uh that we have consulted with and um uh and i believe that we have uh are bringing forward a a name uh that was suggested from uh the recent consultation the city conducted with uh uh american indian nations uh that is very appropriate and from the open space the mountain parks department perspective uh we would be honored to rename this particular park that we manage uh to the people's crossing so just want to provide that perspective and that and to thanks everybody who's had a hand in this and with that i invite uh philip yates from communications department to walk us through how this came to be absolutely well good evening everyone just waiting for the presentation to come up yeah so uh thank you dan uh good union council members my name is phil yates i'm with the city communications and

[88:00] engagement department and look forward to presenting some information about settlers park the name change from settlers park to the people's crossing next slide yeah before uh we share information about the process that we went uh undertook as dan said for close to five years just want to show the location for everyone where settlers park is it's in far west boulder uh just north of canyon and just south of the red rocks formation in far west boulder next slide so while the city we have a lot of land history about the current settlers park area we recognize that our history locates primarily informed by your american source material and does not include indigenous perspectives but as what we know about the history the settlers park s area is generally thought to be the area where arapaho chief nayawat according to the cities into this day's people's day resolution and

[89:00] other histories told a party of gold seekers in 1858 that they could not remain on indigenous land as defined by the fort laramie treaty of 1851. next slide the city of boulder actually acquired the parcels where the current settlers park trailhead and parts of the park area exist in 1961 and 1965 but through a lot of the research that uh osmp did is that it didn't actually indicates that the area has primarily been known as red rocks for most of its time and in fact the the name settlers park does not appear to be in widespread or formal informal or colloquial usage prior to the 1990s today with the open space area of the settlers park area is a high visitation area managed by open space close to 98 000 visits actually records close to 98 000 visits per year next slide

[90:03] so yeah the way this started and we really want to just thank the the incredible work of community members in developing the indigenous people's day resolution because that's what started this process the resolution had two major goals um the first was focus on the boulder area and its significance to native american culture and accurately portray the history of indigenous interaction with euro-american settlers who arrived in the 19th century next slide before we go too much into the history i think it's always important just for the community and us to just reflect on some of the really important statements that are in the indigenous peoples day resolution so i'll just give some time for people to reflect and read

[91:00] that all right next slide now as it relates to settlers park the resolution specific requires the city to correct emissions of the native american presence in public places resources and cultural programming and it actually specifically directed uh the city to receive input from american indian tribal nations that share agreements with the city for a name that commemorates the indigenous presence on the park land known as settlers park next slide so just running through the steps of how the process came to be with the direction provided by the indigenous peoples day resolution following that city staff we documented name suggestions that came in for i think two years following the adoption of the resolution then as

[92:00] we moved forward and we started organizing uh city tribal consultation we collected those names and then presented them at the 2019 consultation with 14 tribal governments during that time we presented information on the indigenous peoples day resolution tribal representatives visited settlers park i believe some folks on this meeting actually participated in that we discussed the naming suggestions documented by city staff and what that resulted it was about a two-hour conversation and what resulted was a broadly supported name suggestion for further discussion and here's just a picture of staff and representatives when we ended the second day of consultation in 2019. next slide so the next step in the process was a city tribal working group that was convened following the 2019 consultation and that was focused on updating agreements with this that the city shares with tribal nations

[93:02] but what the working group also did was they ultimately recommended further consideration of the name suggestion that received support at the 2019 consultation many of us participated several weeks ago in the 2021 consultation where again we spoke about for about two hours about renaming settlers park they reflected on the name suggestion that was supported at the 2019 consultation and during that conversation a tribal representative and elder who actually previously consulted with the city in the 1990s and early 2000s provided insights that led to a collaborative discussion among representatives and ultimately the name the people's crossing and we're here we are tonight for to provide this information and receive any final direction regarding the name so next slide so there are several meanings that were

[94:02] discussed of two consultation regarding renaming settlers park the first was is that and this came from the last consultation was that boulder and the settlers park area have been a crossroads for indigenous peoples who have traversed and lived in the mountains and plains of the boulder area since time memorial that the people or our people our english translations from how many american indian tribal nations that we consult with refer to themselves in their native languages and that the usage of the term the people is meant to be inclusive of all people who have traveled through and have lived in the boulder area so a lot of different conversations a lot of themes that were discussed but this is pretty reflective of the high level that input and guidance that we received that ultimately led to this name next slide renaming this area and installing

[95:00] additional interpretive materials education signage will really help my the city to acknowledge the indigenous presence on the boulder area land help boulder fulfill the indigenous peoples day resolution help advance city racial equity planning goals and strategies as an important part of the 2021 consultation we agreed to form a working group to help us develop interpretive signage and materials for the area and i we believe this might mark the first time a city facility has ever been named with a guidance and insights from american indian tribal nations so we with this renaming we believe we can accomplish several important steps forward next slide as we go ahead it's i think really important to extend our gratitude for the 14 tribal nations who have participated in helping us to rename settlers park all many people can read it but probably

[96:01] worthwhile for some of our audience to read them out it's the apache tribe of oklahoma the cheyenne and arapaho tribes of oklahoma the cheyenne river sioux tribe the comanche nation of oklahoma the eastern shoshone tribe the hickory apache nation the kiowa tribe of oklahoma the northern arapaho tribe the northern cheyenne tribe the ogallala sioux tribe the pawnee nation of oklahoma the rosebud sioux tribe the southern new indian tribe the standing rock sioux tribe the yupe mountain tribe and the indian tribe of the uinta and uray reservation next slide uh and i think what is really important just to extend our gratitude to consultants who have helped us through this process ernest has provided several training sessions on consultation ernest house of the keystone policy center we want to extend our gratitude to him but also to jessica yaquinto with living heritage anthropology who's played an important

[97:00] role in helping us to organize and facilitate consultation conversations so again extend our deep gratitude to them for helping us next slide with moving forward we have several steps that we have planned following tonight um and so what we're looking for in early august is to have a tentative city tribal working group meeting where we can discuss at just a very high level the education and commemoration for the area and to receive some input on our land acknowledgment that we are developing late summer and early fall provide another update on the work that we're doing right now um in august and early october we will look to replace the sign infrastructure that's in the area and then by late september and early october we would like to have all the work or we plan to have all the work done to have the commemoration of settlers park be renamed to the people's crossing officially

[98:00] completed by then next slide and here are just a few examples of the sign infrastructure that we're looking right now to install in the area the first is the trail id sign with a template font styles that's what we planned for the parking lot a secondary kiosk would be located as you walk from the parking lot up to red rocks and then the way finding signs would just be to help people go through the area but all these sign packages all these signs would be have the new name the people's crossing as a part of this we also are planning for some temporary signage just to help inform people about the name change the meaning behind it and how tribal nations helped inform the name change next slide and then moving forward we anticipate

[99:00] removing or replacing these older interpretive panels and signs with new long-term interpretive panels developed by the city tribal working group but in the meantime we are also anticipating installing additional temporary signage here to again explain the meaning behind the name and how it came to pass and how we all developed it in cooperation with american indian tribal nations next slide and with that any questions very good thanks so much dan and philip for the presentation and council members i'll turn to you mary thank you sam and it is such a pleasure and honor to finally be at this point i had the privilege of participating in the drafting of the resolution

[100:00] and when we came up with this idea of renaming settlers park we thought easy peasy should be uh you know quick easy fast nevertheless it's been a really thoughtful process and i'm really grateful to staff and for um ernest and jessica as well as all of the tribal nations and members that participated in the tribal consultation so thank you all i was i also had the privilege of being at this year's tribal consultation during the conversation regarding the the actual renaming and i have to just share that it was one of the most beautiful processes in terms of the collaborative and differential and just inclusive manner

[101:01] in which everyone who was there and in particular the tribal members that just it was just a beauty to behold and um we can only aspire to that kind of um consensus building and um and collaborative uh way of being so um thank you all once again and great well i'll jump in here as well and echo what mary said um it has been a a very enriching process to watch this develop and to have the privilege to interact with the tribal nations assembled as a group and to watch them interact with each other amongst themselves and with us the wisdom that they bring to the deliberations is something as mary said something to behold and it's very inspiring uh actually it's and then it's it caused

[102:02] me to think deeply about what leadership means and what community means so it was great i'm very happy that we're here and you know i i never could have imagined how wonderful a name would end up on this park and it is a beautiful name and a beautiful concept so thank you to staff thank you to our consultants and thank you most of all to the tribal nations who have helped us look back and learn from mistakes and hopefully um be able to walk together in solidarity uh aaron yeah echo all of that just thanks so much to everyone city staff that worked so hard on this and the council members who participated and all the community members and the human relations committee members um and the and the tribal nation participants and so we we took the slow road on this one on this renaming but i think it was it was the right road and we've ended up with a process and a name

[103:00] that our community can be proud of for generations so thanks everyone very good and i'll just comment that this will be a bit uh undramatic in the sense that we probably won't take an action tonight to call it up but what that non-action is is our wholehearted approval of the city manager approval of this park name so even though we're not going to be voting on this by not calling it up we are giving our unanimous approval of of this name so council staff any further comments all right very good thank you all so much and with that i'll turn back to you alicia all right sir our next item is item 4b call up for the site review amendment for a new 11 534 square foot dining and commons building located on the campus of the boulder county day school

[104:01] at 4820 knotless court north the applicant is seeking a 62 parking reduction it is under case number lur 2019-0071 any interest in calling this up nope i see none alicia all right thank you sir item 4c is our call of consideration item for a non-conforming use review to permit renovation and reconfiguration of an existing three-story eighteen thousand four hundred and sixty nine square foot twenty four unit apartment building at 1024 marine street into two interconnected buildings and eighteen attached dwelling units with a new ground floor common area the existing building and site are not conforming to density open space and parking reviewed under case number lur zero

[105:01] two 2020-00020 thank you any any question desire to call it up uh i saw two at the same time we'll go with aaron and then mark erin mark you go first i've been talking it's just a procedural question i um if we do not call this up i assume the decisions of staff and planning board are controlling is that correct that's correct okay thanks aaron yeah i have no desire to call this up the planning board 7-0 vote on this was very compelling one thing i just wanted a question about that i know that there was a question about whether the dining rooms could be changed into bedrooms if the applicant re-did would they be able to redo their applications to make it completely clear that the dining rooms are not bedrooms and reapply um with this denial um thanks for the question aaron they would we think that there's a solution to the floor plans out there so it's just a matter of the applicant redesigning those floor plans and resubmitting an application

[106:01] i'm just curious if that avenue is still open to them thanks for clarifying thank you aaron um sounds like no desire for this one either alicia all right sir next our agenda we have our public hearings item 5a is the second reading and a consideration of a motion to adopt ordinance 84 36 amending section 6-14-13 acts and 6-16-13 prohibited acts of the brc 1981 to allow the sale of consumable hemp infused products at marijuana retail businesses and setting forth related details should i go forward with the presentation mr maybe uh i apologize yes my uh mute button was

[107:02] stuck but kathy attic is presenting for us today thank you kathy thank you this one should be an easy one i'm kathy haddock with the city attorney's office this ordinance is a recommendation from the cannabis licensing and advisory board the only consumable products allowed to be sold at marijuana businesses is marijuana when we did the language changes for hemp and marijuana together being considered cannabis we didn't at that time notice that we needed to change the definition in what marijuana products could be sold in marijuana stores too the unintended consequence is that every retail store in the city can sell hemp and cbd products except marijuana businesses this is to correct that inadvertent mistake and let marijuana businesses sell all cannabis products

[108:00] not just marijuana ones at the public hearing before clab on this there was no opposition and i have not heard of any opposition separately so this ordinance is supported by both staff and cloud very good and is that the full presentation kathy it's a full presentation super so then we'll go to council questions does council have any questions great seeing none then i think we will open the public hearing by my account we have one person signed up for the public hearing that's lynn siegel and lynn will have three minutes when you're ready i don't need to speak thanks all right with that we will close the public hearing and bring this back to council

[109:02] council uh looking for discussion comments questions or emotion mark i think kathy is right this this does seem to be an easy one to me i'm not quite sure what the other side of it is um and so if there's a reason to be more cautious i'd i'd like to hear it i honestly don't believe that there is one this is something that's been approved at the state level too and we have really heard no opposition great adam bob hold it hang on let me see who who who got the buzzer first adam you're first i was just going to move ordinance 8463 great okay so we have a motion and a second you

[110:00] need discussion great seeing no hands for discussion if you do not want this uh motion to pass please let me know now this is the vote it needs a road closer it is a motion to adopt all right just sent you a notice okay that's okay go for it all righty councilmember brockett hi friend yes joseph hi nagle aye swetlick yes wallick weaver yates yes and young yes orton's 8436 mayor is adopted that is excellent thank you very much

[111:00] and that just got to be the shortest public hearing i've been part of so congratulations everyone alicia what's next next is our second public hearing item 5b and it's the second reading and motion to adopt ordinance 8464 which would repeal bolder revised code 11-4-3 aircraft permitted at the airport and we will ask erica to come forward and present thank you very much i greatly appreciate it so mayor council thank you very much for having me here um today to represent um this i'm hoping that i can help emily pull up the presentation very quickly thank you and um essentially today we're looking to we're asking you to please um consider repealing um the aircraft the um ordinance restricting aircraft at the airport so as our next slide shows

[112:02] as iq emily for the next slide um so essentially back in thank you the current the current ordinance restricts um ultralight vehicles in particular as well as balloons kites and unmanned rockets because they're not they were not considered to be aircraft back in 1982 and so um as the next slide shows in 1982 whenever that was adopted the faa had been considering various um ordinances and regulations around that but then they um decided they weren't going to actually um follow through on that so boulder kind of jumped the gun a little bit what has happened in the intervening years is that most recently we had gotten the faa had gotten a complaint and the faa came to us and a an ultra light

[113:01] aircraft user wanted to use bma the boulder airport and then complete to faa and at the faa told us that we could not restrict those aircraft to the airport because they were not um considered to be unsafe by the faa so um in the next slide thank you so essentially in the next slide that um over here is that we have started allowing the ultralight vehicle to use the aircraft use at the airport in response to that but in order to make sure that the fix is long-term we're asking city council to actually repeal the ordinance the important thing to note however is that in the future the city can always request a safety study be done by

[114:01] the faa if we feel there are restrictions needed on a type of aircraft but currently the faa does not feel that these aircraft are unsafe at our airport so essentially then we have a recommendation that in the next slide the council repeal the ordinance so that we're in compliance with faa regulations and um that we would not be subject to losing um grants you know we having to repay grants that the faa had given us for the upkeep and maintenance of the airport so with that um any uh as the next slide says if there are any questions i'd be happy to answer them great thanks so much erica um council questions i see mary and then we'll start with mary and then we have aaron and mark mary thank you erica just a quick question

[115:00] i'm wondering um if the city could sustain the airport without the grants of the faa and i don't know the answer off the top of my head um i think that we'd have to you know find a source of revenue and really increase the um the hangar fees and so forth at the airport and we'd need to actually do an in-depth analysis to ascertain whether or not those grants so in addition to those grants there are other assurances that the faa has given us over the years so we need to explore that further thank you thanks very erin uh erica thanks for that just wanted to clarify given the grants that we have accepted in the past from the faa that have conditioned us to behave in certain ways at the airport we essentially don't really have a choice on on repealing this ordinance right because it sounds like we'd be

[116:00] subject to faa action of one kind or another if we uh tried to continue to forbid these these types of aircraft that would be accurate thanks okay very good um mark is um erika is there any discretion uh in the nature of what can uh initiate a request for a a study for instance i know noise pollution is a major issue for residents around the airport is that the basis for calling for a study um no it would be a safety issue okay and what would be the predicate for calling for a safety study i mean does it have to be an accident so um if we felt that um a particular aircraft or air craft type were to be unsafe but

[117:01] um the faa has already shared with us that they don't feel these aircraft are unsafe and can operate safely at the airport and our airport manager had agreed with that assessment okay thank you okay so i see no further questions um with that we will turn to a public hearing i believe we have one person signed up for the public hearing and that's lynn siegel lynn this is as much a no-brainer as the other ones um but it's also a no-brainer that when you've got nine people you do three minutes each done all right thank you lynn with that we will close public hearing and bring it back to council um council discussion questions motion

[118:00] um i see hands left over from mary and aaron are yours new or mary aaron okay aaron you've been married yeah sure i'll go ahead and make a motion that we adopt ordinance 8464 to repeal the revised code 114-3 aircraft permitted airport and i will second it very good we have a motion and a second aaron would you like to speak to your motion well just to just reiterate what i said in my question more or less which is that this is essentially an action that's required that we take in in order to stay in compliance with faa guidelines so it seems like what we need to do thanks aaron mary and i would echo what aaron said and in addition um add that if um the airport is used um in emergency situations such as fires and floods it's it's been critical to

[119:02] the safety of the residents and i will say that if we were to not um it sounds like from what erica said if we were to not accept grants from the faa the airport would become even more exclusive than it might be already um and so um for all those reasons i support this super thanks and i'll jump in here and say um airplane noise is a real issue um in the region and it you know what's been going on at some of the neighboring airports near us have been creating a good deal of angst among the impacted communities which include some of our communities particularly in the north and east part of the city this action really is unrelated to noise i don't think allowing balloons and ultra lights is going to make much of a difference in the noise profile of our airport and like mary said

[120:00] when it's needed this airport is a critical facility for us we've used it for evacuations and both floods and fires so having the airport is a great benefit the noise that comes from some of the activities at local regional airports is being problematic and that's something that we should consider and keep in mind as we go forward what we're doing tonight has very little impact one way or another on the noise situation at the airport so that's why i will be supporting it any other comments very good with that um i believe we're ready for a vote alicia you think you told me this is roll call yes sir it is thank you councilmember friend yes joseph aye nagle i sweat lake yes

[121:05] weaver hi yates yes young yes and bronkett hi mayor ortnis 8464 was adopted unanimously thanks very much all right our next item is item eight matters from the mayor and members of council 8a is a discussion on possible scheduling conflict with the major league baseball all-star game and the june 13 2021 city council special meeting very good thank you and um i i want to tee this up um as a broader discussion than just that we will probably start with that but at cec this morning we had some scheduling discussions that i wanted to bring to all of council and one of the ones that got brought up is exactly

[122:02] what alicia just told us about which is that at our special meeting in july the first meeting that we are back from our break um that falls on the same date which i believe is july 13th as the all-star game the major league baseball all-star game and um councilmember joseph brought up this conflict and wanted to um see if we wanted to make any considerations over the um all-star game so junior i'll turn to you and see if you want to um say anything else about this um there's not much i would like to add at this moment but i think mere buy can probably give us a little bit more context around the game thanks judy yeah i just had um wondered if we might adjust the meeting to either a study session or move it to a thursday the 15th

[123:00] because some of us might be attending or wanting to attend normally i would not have brought this up but this is a pretty big deal for our state especially considering the reasons why the game was transferred to colorado and i applaud the um major i applaud major league baseball for moving it to the state of colorado um due to georgia's restrictive voting laws that were now being implemented so i was just wondering if there was other council members who were interested in either just changing it to a study session so that some of us wouldn't miss that or moving it to thursday july 15th so that we could all attend very good so i'd invite council members to weigh in with your thoughts rachel i i think it's a bit of a slippery slope if we uh start moving things around for events like this like there's been some big political nights on tuesdays where

[124:00] um or things maybe i wanted to testify or go to at the state house too um and and you just kind of have to uh pick so i um i would be cautious of us opening this can of worms of moving council meetings around for other events very good thank you anyone else mark you know i i share rachel's caution but i i i feel persuaded by mirabei's comments that this game was moved here for a very very specific reason um because of what was happening in georgia and uh i would like to be supportive of major league baseball in having the courage to do that um and uh i i think that possibly rescheduling

[125:00] the meeting would be an appropriate way of expressing that support plus i like baseball but that's a different story i i think this would be an appropriate reason for considering a uh a rescheduling thank you mark bob um i'm pretty agnostic about this um i'm happy to go with world council i just wanted to observe that i think converting this into a study session is probably not going to work because we have two pretty important um public hearings at night as a matter of fact i think those are the only two items of business that night are those two public hearings so i think um moving to a study session is not probably an option but i'm fine with um postponing it until of july 14th or 15th if that's the world council i'm kind of agnostic about it's bob mary and then aaron mary

[126:01] um we've i'm kind of like bob i'm kind of agnostic but i will say this that we have moved meetings around for particular needs of um one council member um for whatever reason they can't attend on a tuesday and we have been accommodating of um singular council members when they have asked so um that's that's one comment and then the other comment is just that um i'm not a big baseball fan but i am a voting rights fan so um you know i'll go with the will of council on this one thanks for erin in the mirror by aaron that's right um i think we do need to have a meeting that week you know personally i wouldn't reschedule it for a sporting event as much as i support the voting rights uh issue i would save her for a few

[127:00] words at the meeting itself but if people wanted to move it to wednesday or thursday that week i think we'd probably work with that if that would be preferable nearby again i said this wasn't meant to move it just because of me it was partially just for the community as well i don't know if our community is interested in baseball like i i am i don't know if others share that same same passion um it was more you know if people were wanting to either be watching the game or be attending because it was a pretty big honor for our state so that was it wasn't just for me to move it that that i don't care about it was more for the community and if um if it would you know be a better timing to to move it to a different day so that's all it was just a thought no worries if it doesn't happen but just a thought great thank you jenny i was just gonna add similar to mark i find maryby's view um compelling that we do this job not just

[128:01] for us the the fact that it is public is not for us it's for community members and if most of the community or a lot of community members will be watching a game and they will not be watching city council i just think again what's the purpose of having this broadcast on channel 8 so i really think switching the day is probably going to be good for community and also for the special meeting my understanding is that we will not have open comment so i don't think anyone will be inconvenienced in that way so i i i think that's a good idea to change the date i i find i find it compelling thank you jenny mark you know and and just a short comment under the circumstances i i know a lot of people are not baseball fans but under the circumstances under which we

[129:01] um receive the all-star game i'm suggesting this year people should be um because it was an important thing that's great thanks everyone and i'll just weigh in here i am a baseball fan um i would not move this for the all-star game um but i i think it for me there's enough time in the week i'm happy to move the meeting to uh thursday which would be a typical time for us to put it on um we do not have the luxury of making it into a study session um we have four and a half hours of meeting that night already scheduled with no public comment or no open comment rather so it's a big meeting see she's already wrestling with this will probably move one of those items off so it's a minimum of three hours each of the items uh with you know an energetic council could be more than than an hour and a half scheduled so this is a big meeting that we

[130:00] definitely shouldn't shift over into a study session i'm happy having it on that night because um these meetings are taped for a reason so that people can watch them if they want afterwards that being said um this is a pretty different kind of all-star game because of the reason it was moved to colorado so i'm i'm ambivalent about um whether we move it to the thursday night but i certainly do not want to change it into a study session rachel um just sometimes i think we think of ourselves more than the other people have to be at the meeting so i guess before we make a decision i would hope that nuria has a chance to check in with staff people schedule vacations we a lot of us say like tuesday night's the night that i leave available for council um it's true of me that week so i'm cautious of moving this i am a baseball fan too and and i i hope to get tickets to this game so it's not like i'm i'm against um people watching the game

[131:00] but i i think that it's maybe a little bit um self-centered of us to to think of ourselves and and community members largely watch our meetings um a lot read read tweet recaps of our meetings and then a lot watch them the day after so i think that the community will be able to watch the meeting at their leisure if they want to but i'd be leery of moving this without really checking whatever staff need to be there super and rachel that's a very good reminder i'll turn to nuria and see if you've got any input into this thanks thank you sam and to counsel for the discussion certainly appreciate all the information brought together we definitely want to maintain it for that week and believe that it cannot be turned for the reasons you mentioned sam into a study session we've got some meaty items and having a special call was uh in a short month a way for us to have two meetings in the month of july having said that i do believe that we

[132:01] are working to reschedule one of those but we still have about a little over three hours for the others i might put if our planning staff is on and i do not know if they are uh just put them on the spot to make sure that that is that works for them and i do not see them actually and with that i think i'll just pull up what those are so that we all remember one of them is community benefits one is a concept review for diagonal plaza and the other is the community culture and safety tax or the community capital infrastructure tax so those are the three items all of them would involve planning staff and the capital tax issue would involve more staff as well and i would also remind us just to put in the hopper that we will be meeting that next

[133:01] tuesday in a regular meeting on the 20th as well so if we do move this to thursday we'll be having a thursday meeting a monday cac and a tuesday meeting so just to have that all out there so why don't we take a straw poll and do it that way um we'll start uh who would like to see the meeting moved from the 13th raise your hand one two three i see three i'm missing anyone okay and that's only three so i'll assume the rest of us are to not move it i think there might have been four i think mirabei's hand might have been hard to see okay nearby juni bob and mark so it's super close um let's see who would prefer to keep it raise your hand if you prefer to keep it i'll assume it's everyone else one two three four and there's adam five we're just

[134:02] gonna go with that we're gonna keep it and we will definitely make some time to say some words about what's going on and um that we thought about um moving it because of the reason that the all-star game got moved to colorado all right everyone thanks for that conversation so i'm gonna tee up a few more items here um so one of the conversations that we had this morning at cac involved planning staff and what we're going to be able to get done this year or not um it was triggered because the use tables um meeting which was scheduled um the planning staff won't be able to be ready for that because one of the staff who was involved is no longer working for the city and so as we talked about that it also became clear that potentially the um sub-community plan this boulder sub-community plan

[135:00] could also potentially move past the end of this council and so one thing i wanted to do and that brought up the conversation that in august we're scheduled to have a midterm check-in for the year to see how we're doing for our work plan and so part of the conversation was i was hopeful we'd have that earlier than august so that we could definitely review and touch on all of these items so i wanted to flag those as concerns personally i'm hopeful that we will do what we can to get those handled in this council but if we need to have one move off into a a future council of items that are on our work plan i think we want to be talking about it sooner than later and so nuri i don't know if you have news on that okay so why don't i turn to nuria and see what staff conversation was after cac we are so i appreciate that sam and did um we did talk about it briefly we are

[136:00] gonna move that up uh to talk about we think it's an appropriate um moment i think we were i'm just waiting for confirmation on the date but we can certainly be flexible as we can move it up there we knew that the july 20th meeting was available and we were actually um thinking of another date in mind so we will confirm that but certainly we'll be moving that up super and i just suggest that if we do move something off of july 13th that that might be a time to have the work plan discussion so anyway i wanted to flag that to council if you have feedback tonight we'll be happy to take it um but just be aware that we need to check in and and with that said i wanted to bring up one other item i'll probably turn to rachel to to lay it out in more detail but there are likely to be some measures passed at the state house which may then result in us wanting to do a few things and i'll turn to rachel on rachel you suggested this to me so i need to talk

[137:01] about it all right um well i think it was mentioned earlier in the uh in christina gardner's speech that we are expecting that the state legislature will pass three gun bills this this week and hopefully they will be signed into law by governor paulus one of them uh repeals preemption and preemption is the state law that resulted in our assault weapons ban getting struck down so um when if and when preemption is repealed we may want to reinstate our assault weapons ban i would maybe turn to tom or sandra on on whether that's necessary but additionally um depending on how that final law comes out there may be other things that we would want to look at that we weren't able to look at before and again since i don't know the final language yet i won't opine on what those might be but i thought it might be one of those situations where you know we build in a little bit of wiggle room for changing circumstances into our work

[138:01] plan um and we didn't you know we certainly didn't expect to have the tragedy that we did this year nor for us to have preemption lifted and the ability to look at some um got new gun laws and so i thought that maybe in the um kind of the the lull before a new council gets here like that sort of september october november period with this council that worked a lot of you so hard in the assault weapons ban initially and then all of us who have been um so profoundly impacted by the tragedy could could use that time to add to our work plan and one more question for tom before you answer i think it would largely fall on the city attorney's office in terms of who would pick up extra work and my hope is that maybe somebody like the giffords legal team might help us draft legislation or the ordinance that's mexico thanks rachel tom or sandra what are your thoughts on um the repeal of preemption do we need

[139:01] to reinstate our assault weapons ban and how much work would it be um to do so and maybe add a few other items well i'll answer the first question and defer to sandra on the second that you don't need to do anything if the i i will i want to conserve consult with our outside legal team for marlon porter but i would suggest that what we'll do is uh move uh to the supreme court for immediate remand to the district court to dismiss the case which would automatically reinstate our ban so you wouldn't need to do anything uh in terms of staffing uh we're as you know going through a transition and uh sandra's working very hard on that and i'm not sure how much capacity the city attorney's office is going to have in the next couple of months to take on new projects very good and sorry just real quick is that something though that um it seemed like giffords was was interested in helping us to uh come up with ordinance language as as needed

[140:00] so is that something that we could sort of outsource giffords in every town we have some great partners in this effort and so we can do that um if it's just limited to gun things i think we could probably handle something uh but i'm not sure what other things you were thinking of in terms of implementing new laws uh in september or october and i look rachel i'm not familiar with this concept of a low on city council it's not happened in my 10 years but if it happens it would be nice well it's sort of a political wall where you know you don't want to you know ideally uh tackle things that that you know right right before an election um uh you know the equivalent of appointing a supreme court justice when when there's about to be an election so that kind of a law a political law especially where um where we could you know do something that is not politically controversial because i think it would be um not holy but largely um supported by the community

[141:01] you know i guess i'll just reiterate that um the city attorney's office is going through a pretty major transition right now and so um i'm just very cognizant of the workload that our attorneys have and um i mean to the extent that we can work with the giffords group that would be wonderful um you know if they can take on that work for us and if it's limited to that we can certainly look into that so i'm happy to to keep the conversation going um and i think it really does determine it it's based on timing though too i mean i i just don't know we we have a lot of other work with the hill and some other things going on so um i do think it's an important issue and to the extent that we can work with the outside council we can we um so here's my suggestion for this um it sounds like uh the work plan

[142:03] review will be moved up so july 13 seems like a pretty good candidate date so sandra if you'd be able to um think about what kind of capacity you might have for a conversation that we'd have on the 13th we'll also know more about what passed as far as the preemption repeal so maybe there will be more concrete questions about schedule at that time so with all that council i just wanted to make you aware of all those scheduling items and if we do move the work plan discussion up to july 13th be thinking about priorities um specifically what we need to get done in this council and if we had to push something off to the beginning of the next council what that would be what we prefer um and then also be thinking about gun violence prevention measures and we can hear from uh the city attorney's office on july 13th about capacity and then

[143:01] discuss that further then so that covers everything that i wanted to bring forward about scheduling i do have one more item to touch on but is there anything else in that cluster of subjects staff or council would like to weigh in on okay great seem none well i saw a hand then it disappeared uh mary do you have anything no yeah no just a just a quick um comment that um a couple weeks ago i sent out a hotline about the nuisance ordinance nuisance noise ordinance and um or and there's another um discussion regarding another method that can be used to address um noise with um chief harold and um i had asked

[144:01] that perhaps she present some of this information she shared with me and initially i thought it might take more time than it appears that it will take um so in short um there'll be another item that chief harold will present um on june 22nd but it should be um you should be covered under the time that is already um scheduled for that meeting and the 22nd you're referring to is the police department um master plan update and crime update as well so okay super thanks for that okay and the last subject bob reminded me about today when we heard from the um engagement subcommittee one of the points we touched on was coming back to in-person meetings and we

[145:00] resolved that and we said that we're going to do in-person council meetings when we return from our break what i do not believe we resolved is study sessions and so what had been put out there was how do we want to handle our study sessions after we returned from our break and so i thought we would have a little time uh and we do um to have a little discussion here of that because i think for our purposes and staff purposes we need to um put a bow on that and make sure that we have a plan for how we're going to do study sessions and the engagement subcommittee uh had given us some ideas and choices um before i go on adam i see your hand yeah i just thought we'd have a conversation that we decided on uh leaving it as is for study sessions but we're doing virtual ones at least that's my recollection but i could be wrong i i do think we talked about that um

[146:01] i didn't come away with the decision necessarily that we had and bob hadn't been clear maybe bob i'm misrepresenting you but um i know that some of the ideas we had talked about included meeting in person but having some people be able to um telecon in so definitely it was we're talking about different um i'm happy however we choose to i just want to make sure that i understood what council's direction was bob and then nearby yeah thanks thanks adam um i i'm like like sam i'm happy to do whatever council wishes it just rachel and i when we kind of compared notes after that meeting were a little unclear about whether the decision had been made we had made a recommendation but it wasn't a strong recommendation that we go to in-person study sessions as well to give council members the options to participate remotely um but then there was some discussion about keeping it all remote for now we just wanted to kind of bottom that out for the benefit of staff and just be really clear about our decision we actually have an engagement committee

[147:00] meeting tomorrow so we wanted to ask the question tonight and if it's the little council to have all study sessions for the foreseeable future virtually that's fine if council members want to go back in some sort of hybrid that's fine too we just wanted to let staff know so they can plan thanks bob nearby and then rachel mayor bye i was just going to say that my recollection was the same as adam that study sessions were going to be remote and meetings were going to be in person okay thank you rachel that meeting went so late that night my recollection's pretty fuzzy as well it seemed to me that what uh the engagement subcommittee was was um sort of honing in on was that we would come back for council meetings which with study sessions and regular voting meetings um but that we would not come back for things like cac and subcommittee meetings so that that i think we hopefully we're all clear on that and that we really wanted to build in a remote option for people and

[148:00] and wanted to work through like um that we not all try and be remote on the same day and that we had a physical presence of a quorum there and maybe work on on a sign up type option for like who could be off on the july 13th meeting or that kind of thing um and that's the worst that's not a study session we've established that one um anyhow and so maybe what happened was that it's we haven't established the protocols yet for how to like sign up to for who's going to be there and so maybe it was um staff wanting to delay a little bit on on coming back for study sessions while we um figured out how to how to ensure that not everybody's taking the same day off but that's that's a that's a hypothesis but i do support going back for for both um and making sure that that we build in the options because it will free us up um i think for people that are are going on uh business trips and things like that if they can schedule those around study sessions and be able to be remote for

[149:01] for um foreseeable future will be helpful thank you rachel i've got aaron juni and mary aaron yeah i would go ahead and keep study sessions virtual for at least a couple months just as a way of easing back into the in person i don't feel super strongly about it as long as there's an option for council members to be remote but that would be my top choice is to keep study sessions virtual for a while longer super thank you aaron juni and then mary juni yeah i think somehow some of us heard differently during the meeting and i think i did i think we did agree that study sessions would be remote and i do support that as well to keep it virtual for now for the foreseeable future um but i think that was a decision and i agree with it to stay virtual thank you mary yeah that was my

[150:01] recollection as well um that we did decide that study sessions would remain remote for a while all right i think that's clear enough um so i think bob and rachel and nuria um it's clear that council would like to for the foreseeable future keep all study sessions virtual and we will have all council meetings in person so um i think that is all that i had for this matters item is there anything else any other council member would like to bring up if that's the case i think we're going to adjourn this meeting um we're going to adjourn this meeting at 8 26 p.m so congratulations to everyone and let's enjoy the time we have for the rest of the evening i will see you all soon and thanks for a great meeting

[151:00] mark did you have something before we go start is wondering if under our charter we're permitted to end the meeting before 8 30. this is unprecedented i'll take it though okay all right very good everyone enjoy the rest of your evening this meeting is adjourned at 8 27 p.m thank you all right good night everyone [Music] you