Agenda Memo

City of Boulder City Council Agenda Item Meeting Date: January 8, 2026 Agenda Title Introduction and consideration of a motion to order published by title only and adopt by emergency measure Ordinance 8735 adopting Supplement 165 which codifies previously adopted ordinances, Appendix Council Procedures, and other miscellaneous corrections and amendments, as amendments to the Boulder Revised Code, 1981; and setting forth related details.

Staff Contact • •

Nuria Rivera-Vandermyde, City Manager Teresa Taylor Tate, City Attorney

Draft Motion Language Staff requests council consideration of this matter and action in the form of the following motion: Motion to introduce, order published by title only, and adopt by emergency measure Ordinance 8735 adopting Supplement 165, which codifies previously adopted ordinances, Appendix Council Procedures, and other miscellaneous corrections and amendments, as amendments to the Boulder Revised Code, 1981; and setting forth related details.

Executive Summary The purpose of this item is to ask council to adopt the proposed ordinance at first reading as an emergency measure, to generate the printed supplements to the B.R.C. 1981 as soon as possible. The Boulder Revised Code (“B.R.C. 1981”) is the official book of laws of the City of Boulder. Four times a year (quarterly), council is asked to adopt supplements to the B.R.C. 1981. An ordinance format is used to bring ordinances and council procedure amendments that council adopted in the previous quarter, or that became effective before the current supplement, into the B.R.C. 1981; and to ensure that there is no question regarding what constitutes the official laws of the City of Boulder. Code amendments may also be included with the intent to correct non-substantive errors discovered in previously adopted ordinances. The laws of the city should be current and available to the residents of the City of Boulder as soon as possible; therefore, council is asked to adopt the proposed ordinance at first reading as an emergency measure.” The text of Supplement 165 has been previously adopted by the following: Ord. 8710

Ord. 8711

AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF BOULDER AT THE GENERAL MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2025, THE QUESTION OF, WITHOUT RAISING ADDITIONAL TAXES, EXTENDING THE EXISTING 0.3 PERCENT COMMUNITY, CULTURE, RESILIENCE, AND SAFETY SALES AND USE TAX BEYOND THE CURRENT EXPIRATION DATE OF DECEMBER 31, 2036, IN PERPETUITY, TO BUILD AND MAINTAIN CAPITAL IMPROVEMENT PROJECTS AND USE UP TO 10 PERCENT OF THE RESULTING TAX REVENUE TO FUND A GRANT POOL FOR NON-PROFIT ORGANIZATION PROJECTS, TO BE AUTHORIZED AS A VOTER APPROVED REVENUE CHANGE; SPECIFYING THE FORM OF THE BALLOT AND OTHER ELECTION PROCEDURES; AND SETTING FORTH RELATED DETAILS AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF BOULDER AT THE GENERAL MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2025, THE QUESTION OF AUTHORIZING THE INCREASE OF DEBT TO BUILD AND MAINTAIN CAPITAL IMPROVEMENTS, WITH THE PROCEEDS THEREOF TO BE USED FOR CAPITAL IMPROVEMENT PROJECTS IN THE CITY OF BOULDER AS SET FORTH

IN THE BALLOT; SPECIFYING THE FORM OF THE BALLOT AND OTHER ELECTION PROCEDURES; AND SETTING FORTH RELATED DETAILS Ord. 8715 AN ORDINANCE AMENDING SECTION 10-3-19, “SHORT-TERM RENTALS,” B.R.C. 1981, CREATING A FESTIVAL LODGING RENTAL LICENSE; AND SETTING FORTH RELATED DETAILS. Ord. 8716 AN ORDINANCE AMENDING ORDINANCE 7459, EXPANDING THE LOWER BOULDER CREEK HABITAT CONSERVATION AREA TO ADD THE WEISER AND A PORTION OF THE BOULDER VALLEY FARMS PROPERTIES TOTALING APPROXIMATELY 528 ACRES, PURSUANT TO SECTION 8-8-2, “HABITAT CONSERVATION AREA DESIGNATION,” B.R.C. 1981; AND SETTING FORTH RELATED DETAILS. Ord. 8717 AN ORDINANCE AMENDING ORDINANCE 7459 EXPANDING THE SOUTHERN GRASSLANDS HABITAT CONSERVATION AREA TO ADD THE DEPOORTER II PROPERTY TOTALING APPROXIMATELY TWO ACRES, PURSUANT TO SECTION 8-8-2, “HABITAT CONSERVATION AREA DESIGNATION,” B.R.C. 1981; AND SETTING FORTH RELATED DETAILS. Ord. 8718 AN ORDINANCE AMENDING ORDINANCE 7459 EXPANDING THE WESTERN MOUNTAIN PARKS HABITAT CONSERVATION AREA TO ADD THE SOUTHERN PORTIONS OF THE 90 ARAPAHOE AND 96 ARAPAHOE PROPERTIES TOTALING APPROXIMATELY THREE ACRES, PURSUANT TO SECTION 8-8-2, “HABITAT CONSERVATION AREA DESIGNATION,” B.R.C. 1981; AND SETTING FORTH RELATED DETAILS. Ord. 8726 AN ORDINANCE AMENDING TITLE 3, “REVENUE AND TAXATION,” B.R.C. 1981, BY ADDING A NEW CHAPTER 3-22, “ECONOMIC DEVELOPMENT INCENTIVE AGREEMENTS,” AND AMENDING SECTION 4-20-63, “CITY MANAGER REBATE AUTHORITY,” B.R.C. 1981, EXPANDING THE CITY’S ECONOMIC DEVELOPMENT PROGRAM; AND SETTING FORTH RELATED DETAILS Council Procedure Amendments approved by council October 16, 2025 Council Procedure Amendments approved by council November 20, 2025

Council Action Options Option

Outcome

Approve motion language as drafted

If the motion is approved, the amendments would go into effect immediately upon adoption

Define and adopt a modified motion

Council would need to define any modifications or amendments to the draft motion language. This will likely require staff to bring back an amended version

Deny the motion or take no action

The amendments would not be adopted

Refer back to staff

If council refers this item back to staff, more direction would need to be given

Approve amendments to Council Rules of Procedure

If the motion is approved, the amendments would go into effect immediately upon adoption.

Alignment with City Plans and City Council History Sustainability, Equity and Resilience (SER) Framework and Citywide Strategic Plan Alignment SER Framework Goal Area This item connects to the goal area of Accessible and Connected. By establishing The Boulder Revised Code (“B.R.C. 1981”) as the official book of laws of the City of Boulder and following an established procedure to update the B.R.C. 1981 with quarterly supplement ordinances that are adopted by reference as a routine part of city business; it allows city staff to provide open access to information for its residents and the public in both digital and physical formats. This fosters connectivity and promotes community engagement. Residents can access the B.R.C. 1981 through our Municode webpage, the city’s Laserfiche database, or they can access physical copies of various supplement pages on file in the Office of the City Clerk of the City of Boulder, Colorado, Penfield Tate II Building, 1777 Broadway, City of Boulder, Boulder County, Colorado, during regular business hours. Additionally, this item connects to the goal area of Responsibly Governed. Establishing the B.R.C. 1981 as the official laws of the City of Boulder and having an established procedural process to update those official laws regularly is a way of providing high-level customer service and facilitates trust through transparency,

efficiency, and effectiveness, while allowing city staff to provide citizens with important information on a variety of platforms that allow for inclusive customer service. Citywide Strategic Plan This item connects to Strategy 8, Improve accessibility to city meetings, information, and programs through equitable engagement. It helps to improve accessibility to information and fosters engagement. Also, this item connects to Strategy 12, Implement organizational and financial best practices to continuously improve asset management, customer experience, and project and program performance. It helps city staff to continue to improve customer experience and adapt as technology advances while providing inclusive engagement options. Staff Notes Ongoing code maintenance is an essential and largely administrative obligation of the city. Four times a year (quarterly), council is asked to adopt supplements to the B.R.C. 1981 as part of this maintenance. These supplement ordinances are approved as a matter of routine by council. Code amendments (if any) may be reflected in strikeout and double underline format along with a “Reason for Change” as part of this agenda item. Such amendments are intended to correct non-substantive errors discovered through review of these ordinances and/or which may have occurred in previously adopted ordinances already in the B.R.C. 1981. Major and/or substantive corrections or revisions are brought forward as a separate ordinance to council during the normal course of future council business.

Alignment with Additional City Plans Regular code maintenance is included in the city attorney’s yearly work plan and requires anticipated staff time.

City Council History This particular item does not have a history with this council. However, it is part of routine city administrative business that the council is asked to consider and adopt quarterly.

Analysis This proposed emergency supplement ordinance includes ordinances and appendix council procedures that were adopted by council in the last supplement quarter or are effective prior to the current supplement. They are all added to the official version of the B.R.C. 1981 by way of the attached proposed supplement ordinance. Council is asked to adopt quarterly supplement ordinances to ensure that a clearly identifiable version of B.R.C. 1981 is legislatively adopted. The printed supplements to the B.R.C. 1981 may not be distributed to subscribers until the proposed adopting ordinance is effective. The laws of the city should be current and available to the residents of the City of Boulder as soon as possible; therefore, council is asked to adopt the proposed ordinance at first reading as an emergency measure. AMENDMENTS 1.

Section 4-20-28, “Monthly Wastewater User Charges,” B.R.C. 1981, is amended to read as follows:

… (b)

Quantity charge: (1)

Average strength sewage (as defined in Section 11-3-3, B.R.C. 1981):

Quantity Per 1,000 gallons of billable usage

Inside City $8.86

Outside City $13.29

… Reason for change: Ordinance 8727, adopted October 23, 2025, inadvertently left out the table section category header “Outside City” from the table located in Section 4-2028(b)(1). 2.

Section 4-20-62, “Capital Facility Impact Fee,” B.R.C. 1981, is amended to read as follows:

Table 1: Residential Impact Fee Rates per Dwelling Unit … 3600 and above

$9,063 $8,550

$278 $262

$884 $834

$737 $695

$657 $620

$351 $331

$11,970 $11,292

… Reason for change: Ordinance 8727, adopted October 23, 2025, contains amendments that were drafted to revise the fees in this table, but the new fee amounts for 2026 in this column were inadvertently left out.

Equity Analysis An equity analysis was not necessary for this item.

Climate, Resilience, and Sustainability Considerations This item has no considerations related to climate, resilience, or sustainability.

Community Engagement This item is purely procedural in nature and doesn’t require community engagement.

Workplan Considerations Regular code maintenance is included in the city attorney’s yearly work plan.

Next Steps for City Council There are no next steps for this item and no related current agenda items.

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Attachments Attachment A – Proposed 1st rdg Emergency Ordinance 8735