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Agenda Memo

Special Meeting, July 23, 2026 · item 2D: 1. Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8758 submitting to the electors of … · 19 pages

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City of Boulder City Council Agenda Item Meeting Date: July 23, 2026 Agenda Title 1. Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8758 submitting to the electors of the city of Boulder at the Regular Municipal Coordinated Election to be held on Tuesday November 3, 2026, the question of authorizing the issuance of general obligation bonds for the purpose of financing community recreation, safety infrastructure, and other capital projects; specifying the form of the ballot and other election procedures; and setting forth related details; 2. Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8759 submitting to the electors of the city of Boulder at the Regular Municipal Coordinated Election to be held on Tuesday November 3, 2026, the question of raising taxes in the city of Boulder by the adoption of a Vacancy Excise Tax imposed on homes that are occupied for 183 days or less per year, with such amount to increase annually in accordance with the Denver-Aurora-Lakewood Consumer Price Index to support general city services; specifying the form of the ballot and other election procedures; and setting forth related details; 3. Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8761 submitting to the electors of the city of Boulder at the Regular Municipal Coordinated Election to be held on Tuesday November 3, 2026, the question of amending the Boulder Home Rule Charter to add a new Section 73, “Collective Bargaining for Firefighters,” creating a charter guaranteed right for full-time fire department employees to bargain collectively; specifying the form of the ballot and other election procedures; and setting forth related details; 4. Introduction, first reading, and consideration of a motion to order published by title

only Ordinance 8762 submitting to the electors of the city of Boulder at the Regular Municipal Coordinated Election to be held on Tuesday November 3, 2026, the question of authorizing an amendment of the Boulder Home Rule Charter to modify the calculation of the city’s debt limitation, as set forth in the ballot; specifying the form of the ballot and other election procedures; and setting forth related details; 5. Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8763 (1) determining the necessity of establishing the Boulder Downtown Development Authority, and (2) submitting to the qualified electors of the proposed Boulder Downtown Development Authority at the Regular Municipal Coordinated Election to be held on Tuesday November 3, 2026, the question concerning the formation of the Boulder Downtown Development Authority and a ballot issue to waive applicable revenue and spending limits in the city of Boulder, Colorado, declaring the necessity for an election on November 3, 2026, concerning the formation of such authority pursuant to Colo. Const. Art. X, Sec. 20 and statutory revenue limitations for such authority, allowing the city to pledge tax increment funds on behalf of the Boulder Downtown Development Authority, determining organizational aspects of the Boulder Downtown Development Authority board; specifying the form of the ballot and other election procedures; and setting forth related details.

Staff Contact • • • • • • • •

Chris Meschuk, Deputy City Manager Mark Woulf, Assistant City Manager Charlotte Huskey, Budget Officer, Finance Scott Carpenter, Principal Budget Analyst, Finance Kirsten Westerland, Assistant City Attorney III, City Attorney’s Office Krista Morrison, Chief Financial Officer, Finance Sarah Geiger, Senior Counsel, City Attorney’s Office Janet Michels, Senior Counsel, City Attorney’s Office

Draft Motion Language Staff requests council consideration of this matter and action in the form of the following motions: 1. Motion to introduce and order published by title only Ordinance 8758 submitting to the electors of the city of Boulder at the Regular Municipal Coordinated Election to be held on Tuesday November 3, 2026, the question of authorizing the issuance of general obligation bonds for the purpose of financing community recreation, safety infrastructure, and other capital projects; specifying the form of the ballot and other election procedures; and setting forth related details; and

2. Motion to introduce and order published by title only Ordinance 8759 submitting to the electors of the city of Boulder at the Regular Municipal Coordinated Election to be held on Tuesday November 3, 2026, the question of raising taxes in the city of Boulder by the adoption of a Vacancy Excise Tax imposed on homes that are occupied for 183 days or less per year, with such amount to increase annually in accordance with the DenverAurora-Lakewood Consumer Price Index to support general city services; specifying the form of the ballot and other election procedures; and setting forth related details; and 3. Motion to introduce and order published by title only Ordinance 8761 submitting to the electors of the city of Boulder at the Regular Municipal Coordinated Election to be held on Tuesday November 3, 2026, the question of amending the Boulder Home Rule Charter to add a new Section 73, “Collective Bargaining for Firefighters,” creating a charter guaranteed right for full-time fire department employees to bargain collectively; specifying the form of the ballot and other election procedures; and setting forth related details; and 4. Motion to introduce and order published by title only Ordinance 8762 submitting to the electors of the city of Boulder at the Regular Municipal Coordinated Election to be held on Tuesday November 3, 2026, the question of authorizing an amendment of the Boulder Home Rule Charter to modify the calculation of the city’s debt limitation, as set forth in the ballot; specifying the form of the ballot and other election procedures; and setting forth related details; and 5. Motion to introduce and order published by title only Ordinance 8763 (1) determining the necessity of establishing the Boulder Downtown Development Authority, and (2) submitting to the qualified electors of the proposed Boulder Downtown Development Authority at the Regular Municipal Coordinated Election to be held on Tuesday November 3, 2026, the question concerning the formation of the Boulder Downtown Development Authority and a ballot issue to waive applicable revenue and spending limits in the city of Boulder, Colorado, declaring the necessity for an election on November 3, 2026, concerning the formation of such authority pursuant to Colo. Const. Art. X, Sec. 20 and statutory revenue limitations for such authority, allowing the city to pledge tax increment funds on behalf of the Boulder Downtown Development Authority, determining organizational aspects of the Boulder Downtown Development Authority board; specifying the form of the ballot and other election procedures; and setting forth related details

Executive Summary The purpose of this item is for city council to consider ordinances related to potential ballot measures for the November 2026 election. This memo includes 5 potential ballot measures and a recommendation to address the final potential change as an amendment to the city code rather than a ballot item: 1. Recreation & Safety Bond ($400M General Obligation Bond) (Ord. 8758) 2. Residential Vacancy Excise Tax (Ord. 8759) 3. Firefighter Collective Bargaining Charter Amendment (Ord. 8761) 4. City Debt Limitation Charter Amendment (Ord. 8762) 5. Downtown Development Authority (Ord. 8763) 6. Wildfire Resilience on Open Space (recommended as code change) Recreation & Safety Bond (Attachment A - Ord. 8758) This bond measure was identified as a part of the city’s Long-Term Financial Strategy work and would address critical city facilities investment without implementing reductions on existing city service levels or making significant adjustments to other planned capital projects. The Recreation and Safety Bond ($400M) would enable the city to address near-term city investments in most of the identified 15 city priority buildings, such as replacement of the South Boulder Recreation Center, renovation of the North Boulder Recreation Center including relocating the Age Well West Center, a new public safety building and renovation of other city facilities including fire stations, the Penfield Tate II Municipal Building, and the Municipal Services Center. This bond would be paid through increases to property taxes. Residential Vacancy Excise Tax (Attachment B – Ord. 8759) The Residential Vacancy Excise Tax Measure would add an excise tax for homes that are occupied for 183 days or less per year. This tax measure would raise taxes to support general city purposes and would begin to be imposed on January 1, 2028 at $4,000 per unit, with an annual adjustment for CPI up to a maximum of $7,000 per unit. If approved by voters, an effectuating ordinance would be drafted to craft the program details. City Charter – Firefighter Collective Bargaining (Attachment C – Ord. 8761) This measure would place a ballot measure before the voters to amend the City Charter to provide for the right for fulltime firefighters to bargain collectively. In addition to the right to collectively bargain, the measure: •

sets forth a process for Boulder Fire and Rescue employees to choose their exclusive union representative;

• • •

• •

preserves and enumerates a list of management rights, calling out certain items subject to either permissive or mandatory bargaining; defines the “terms and conditions of employment”; incorporates an impasse procedure similar to the one in place at present in ordinance which, following a party declaring impasse, sets forth a procedure for holding an advisory fact-finding and if either party rejects the fact-finder's recommendation, alternative positions are decided by a vote of the people at a special election; requires the parties to meet and confer about subjects that are not within the scope of mandatory bargaining; and prohibits strikes or work stoppages under any circumstances to protect public safety.

City Debt Limitation Charter Amendment (Attachment D - Ord. 8762) This measure would amend Charter Sec. 97 so that debt limitation could be no more than the “actual value” (rather than the “assessed value” as currently written) of the taxable property within the city. This amendment would bring the city’s charter in line with all other Boulder County communities and state statute. Downtown Development Authority (Attachment E – Ord. 8763) This ordinance would place three related ballot measures before qualified electors within the proposed Boulder Downtown Development Authority (DDA) boundaries. The three measures collectively: a. Authorize the formation of the DDA to support economic development initiatives as outlined in the Plan of Development; b. Without increasing the local tax rate or imposing a new tax, authorize the DDA, or the city on its behalf, to collect, retain, and spend revenues beginning in 2027 without TABOR revenue limits; allow the city to pledge tax increment on behalf of the DDA. and c. Authorize a property tax mill levy of up to 3.674 mills within the proposed DDA boundaries, generating approximately $2M in 2027 and annually thereafter and require that the mill levy only be imposed after the Central Area General Improvement District (CAGID) and University Hill General Improvement District (UHGID) districts reduce their mill levies to 0.00 or subsequent to their dissolution. Wildfire Resilience on Open Space Council gave direction on May 14, 2026 to explore a possible amendment to Charter Sec. 176 “Open Space Purposes-Open Space Land” to explicitly state that wildfire mitigation is a permitted use for open space land.

Staff conducted additional analysis and evaluated various approaches to implement the direction. Staff has identified two options for council’s consideration: 1. An amendment to Charter Sec. 176, to add a new subsection, which will require voter approval. 2. An ordinance adding a new section to the Boulder Revised Code, in Chapter 8-8 “Management of Open Space Lands” confirming the City’s ability to use open space land for fire mitigation purposes. Staff is recommending an ordinance in Chapter 8-8, and is seeking feedback from council on which option is preferred. If the ordinance is preferred, staff is prepared to bring this to council in September. If an amendment ballot item is preferred, staff is prepared to bring this to council on Aug 6 and 20.

Council Action Options Option

Outcome

Approve motion language as drafted

If the motion is approved this item(s) will move on the second reading and public hearing on August 6, 2026.

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 at second reading on August 6, 2026, and go to third reading and public hearing on August 20, 2026.

Deny the motion or take no action

If this motion is denied no action will be taken and the ballot item(s) will not be placed on the November 3, 2026 ballot.

Refer back to staff

If council refers this item back to staff, staff will work to rectify the issues and bring the item(s) back on August 6, 2026, for first reading and second reading on August 20, 2026; otherwise. there will not be time to certify this item to the county in order for it to be placed on the November 3, 2026, ballot.

Alignment with City Plans and City Council History Sustainability, Equity and Resilience (SER) Framework and Citywide Strategic Plan Alignment SER Framework Goal Area Responsibly Governed. These efforts of the Long-Term Financial Strategy help inform ballot measure options that can help to directly or indirectly support all seven SER goal areas by increasing revenues and/or increasing revenue flexibility. Citywide Strategic Plan Tax Ballot Measures Strategy 12: Implement organizational and financial best practices to continuously improve asset management, customer experience, and project and program performance. The ballot measure options and community engagement can also help to directly or indirectly support all the other citywide strategic priorities as the guiding principles of the LTFS aim to increase funding flexibility, reliability, and sufficiency, allowing the city to fully fund its strategic priorities, community priorities, core services, and the city’s existing assets. City Charter Ballot Measure – Firefighter Collective Bargaining In mid-April of this year, the city was approached by representatives of the International Association of Firefighters, Local #900 (IAFF), the Union representing the Boulder Fire Rescue firefighters, with a petition to incorporate into the city Charter a guaranteed right to collectively bargain with the city concerning all terms and conditions of employment, broadly defined to include matters related to safety, working conditions, benefits, compensation, promotion, hours, employee facilities, leave, grievance procedures, procedures for the appeal of discipline, “and all other terms and conditions of employment consistent with state and federal law.” The initial petition included an impasse procedure, which subjected a broad array of topics to impasse, such as decisions to subcontract or outsource work, relocate or transfer operations, or to consolidate facilities. The initial petition also did not contain a list of management rights, which are topics reserved to city management. After a painstaking and collaborative process, the city and the IAFF worked together to develop a charter amendment incorporating a right to collectively bargain for firefighters into the Charter. Proposed Ordinance 8761 honors the IAFF’s goals while preserving

the city’s management rights. If council decides to advance this proposed amendment to the ballot, the Union has verbally agreed to withdraw their petition. Downtown Development Authority Ballot Measures The DDA formation effort directly advances the Citywide Strategic Plan’s Economically Vital priority, particularly Strategy 14: Enhance collaborative efforts to support an inclusive, healthy, sustainable, and resilient local economy. By creating a dedicated funding and coordination mechanism for strategic reinvestment, the DDA would support commercial district vitality, business retention and attraction, and long-term economic resilience in Downtown Boulder and University Hill. Wildfire Resilience on Open Space Wildfire resilience is a key part of Strategy 2: Advance efforts to enhance regional disaster prevention, preparedness, and response that leverage existing partnerships and prioritize city investments. and Strategy 9: Increase community and ecosystem resilience to the current and future impacts of climate change.

Alignment with Additional City Plans Tax Ballot Measures The tax ballot measure proposals are part of the city’s Long-Term Financial Strategy, which builds upon prior policy guidance from the Blue-Ribbon Commission (2008 and 2010 reports), the 2019 Budgeting for Community Resilience Report, and more recent lessons learned from the pandemic. Downtown Development Authority Ballot Measures The DDA formation effort is also consistent with the goals and implementation strategies identified in the following adopted plans and studies: • Sustainability, Equity, and Resilience Framework • Boulder Citywide Strategic Plan (2024-2026) • Boulder Valley Comprehensive Plan (including the 2026 update) • Boulder Improvement District Analysis (2025) • Downtown Boulder Vision Plan (2023) • City of Boulder Transportation Master Plan (2019) • City of Boulder Racial Equity Plan (2021) • Boulder Parks & Recreation Master Plan (2022) • Civic Area Master Plan (2015) • Civic Area Phase II (2026) • Downtown Urban Design Guidelines (updated 2016)

• • • •

Downtown Boulder Retail/Vibrancy Study (2018) Core Arterial Network University Hill Alley Enhancement Plan (2018) ULI TAP Final Report (2023)

City Council History Tax Ballot Measures Staff first presented to City Council on the Long-Term Financial Strategy during the April 3, 2025 City Council Meeting, where staff shared the process overview and update on the Long-Term Financial Strategy. At this meeting, staff received feedback from City Council on the Multi-Year Ballot Measure Strategy to consider exploring two tax ballot measures for 2025 and the approach for 2026 ballot measures. In 2026, staff focused on multi-year ballot measure discussions as part of the LongTerm Financial Strategy with City Council at several council meetings, including: March 12, 2026: Staff presentation on a spectrum of potential tax ballot measures in alignment with the Long-Term Financial Strategy for City Council consideration for 2026 to advance the city’s fiscal sustainability and financial health, increase equity, and ensure resilience. April 9, 2026: Staff presentation on the state of city buildings and facilities across the city’s portfolio of over 75 buildings and overview of the draft Facilities Investment Strategy with a focus on the priority buildings category. Staff presented in the priority buildings category 15 buildings of most concern because they are failing and they are vital to our community to support emergency response, community safety and provide core community services. The city’s three recreation centers fall into this category, in addition to the Public Safety Building, Fire Stations, West Age Well, and several core maintenance buildings. May 14, 2026: Staff presentation and City Council discussion on a narrowed listing of tax ballot measure options, which would inform tax ballot measure polling. June 25, 2026: Staff presentation on statistically valid polling survey results on five potential ballot measures. Of these measures, Council selected to proceed with consideration ofthe following tax ballot measures: 1) Residential Vacancy Excise Tax 2) $400M General Obligation Bond Mill Levy (and, in coordination therewith, a Charter Amendment so that debt limitation could be no more than the “actual value” (rather than the “assessed value” as currently written) of the taxable property within the city).

City Charter Ballot Measure – Firefighter Collective Bargaining None. Downtown Development Authority Ballot Measures City Council has been engaged in discussions regarding the potential use of a DDA as a strategic tool since 2024, aligned with council’s priorities related to economic development, strengthening commercial areas, enhancing connections, and supporting quality of life throughout the community. In 2024 and 2025, staff analyzed the different economic development tools and the appropriateness of each to help achieve these priorities. April 24, 2025. At a City Council Study Session, a DDA was identified as the primary tool to address downtown revitalization in both the city’s Economic Development Strategy and council supported the staff recommendation to further explore a DDA at that time. Since then, staff has worked with a planning group and key downtown city boards to evaluate whether a DDA could provide a mechanism to support reinvestment, economic vitality, and implementation of community priorities in Downtown Boulder and University Hill. City Council received several updates on the DDA formation analysis during 2026. Staff presented information on the potential purpose, funding, governance, and implementation of a DDA, including its relationship to tax increment financing (TIF) and the city’s existing General Improvement Districts (GIDs). March 12, 2026: Staff presented an update on the DDA formation analysis and initial recommendations. The presentation included the purpose of a DDA, the relationship between a DDA and TIF, preliminary Plan of Development themes, potential funding strategies, governance options, and implications for existing GIDs. Council provided general direction to continue refining these concepts. May 28, 2026: Staff presented a comprehensive update, including a first draft Plan of Development, refined DDA boundaries, two primary funding scenarios, and a recommended funding and governance structure. The recommended approach included property-tax TIF, sales-tax TIF, a voter-approved mill levy intended to replace existing GID mill levies, and a phased transition of GID parking operations, revenues, and assets, as permitted by law and for the benefit of the city. Council provided general support for advancing DDA formation and preparing ballot measures for the November 2026 election.

Wildfire Resilience on Open Space Council gave direction on May 14, 2026 to explore a possible amendment to Charter Sec. 176 “Open Space Purposes-Open Space Land” to explicitly state that wildfire mitigation is a permitted use for open space land.

Analysis Tax Ballot Measures Recreation and Safety Bond Measure Staff provided background on the current financial constraints the city faces, with a comprehensive overview of the city facilities’ backlog presented at the April 9, 2026 Council Study Session, as well as at the May 15, 2026 council meeting on the Financial Forecast and Potential Tax Ballot Measures. The city is currently facing a $400M unfunded infrastructure and major maintenance backlog for city facilities. The city cannot solve this backlog with existing funding alone. The Recreation and Safety Bond ($400M) would significantly address critical city facilities investment without implementing reductions on existing city service levels or making significant adjustments to other planned capital projects. The Recreation and Safety Bond ($400M) would enable the city to address near-term city investments in most of the identified 15 city priority buildings, such as replacement of the South Boulder Recreation Center, renovation of the North Boulder Recreation Center, and construction of a new public safety building. This would require a second ballot measure to amend the charter so that debt limitation could be no more than the “actual value” (rather than the “assessed value” as currently written) of the taxable property within the city. This bond measure would address the largest challenge facing the city for capital needs, which cannot be solved with existing revenues. The bond includes multiple buildings addressing a broader range of services. Polling indicates Boulder voters agree that delaying necessary facility and infrastructure maintenance only increases future cost. Ensuring ongoing operating costs are funded is essential for any increased level of service provided through enhanced facilities, so if the bond proceeds and passes, funding the corresponding operating costs will be an important future conversation.

Vacancy Excise Tax Measure At the June 25, 2026 City Council meeting, City Council indicated interest in moving forward with drafting tax ballot language for a Vacancy Excise Tax Measure. The Vacancy Excise Tax would be imposed on homes that are occupied 183 days or less per year and would begin January 1, 2028. Polling results indicate a likely chance of this measure passing at the ballot with 64% of survey participants responding they would vote yes in support of this measure. Legal considerations were provided to council on May 2, 2025 and June 22, 2026. City Charter Ballot Measure – Firefighter Collective Bargaining The City currently has three unions, and three separate collective bargaining agreements with each union. However, neither the Boulder Revised Code nor the Charter contain provisions governing the collective bargaining process. This Charter amendment reflects a compromise with the IAFF and, if passed by voters, would incorporate into the Charter a guaranteed right to collectively bargain about terms and conditions of employment, select an exclusive representative, declare impasse, meet and confer with city management about workplace conditions that may not be subject to bargaining, but also preserves important management rights. The current collective bargaining agreement remains in effect for the duration of its term.

Downtown Development Authority Ballot Measures The proposed DDA is intended to address documented economic challenges affecting Boulder’s central business area and provide a coordinated mechanism for long-term district reinvestment. Over the past six years, Downtown Boulder and University Hill have experienced measurable economic erosion, as outlined in the Downtown and University Hill Analysis (Attachment H). These trends have impacts beyond the geographic area of these districts, affecting the city’s General Fund and other taxing entities that rely on sustained economic activity and property value growth. Without strategic reinvestment, continued declines could further constrain resources available for community services and public investments. The city’s existing GIDs have provided important services and improvements within their respective areas; however, they do not provide the full range of governance, financing, and implementation tools available through a DDA. A DDA would establish a broader framework to support coordinated economic development, redevelopment, district improvements, small business support, public space investments, infrastructure enhancements, and efforts to prevent further deterioration of existing commercial areas.

Proposed Ordinance 8763 includes three related questions: (1) formation of the DDA; (2) TABOR authorization for the DDA to collect, retain, and expend revenues, including TIF revenues; and (3) authorization of a property-tax mill levy of up to 3.674 mills. The proposed mill levy would provide an estimated $1.82 million annually in initial operating revenue and could only be imposed following dissolution or dormancy of CAGID and UHGID. The intent of the mill levy is to replace the existing GID mill levies, resulting in no new net property tax burden for CAGID property owners, a modest increase for UHGID property owners, and a new mill levy for property owners outside these districts. TIF would provide a long-term reinvestment mechanism by capturing only new tax revenues generated above the DDA’s established base value. Existing taxing entities would continue to receive revenues generated from the existing base value and its natural appreciation. Based on current projections, DDA TIF revenues could grow from approximately $296,000 in the first year to more than $9.6 million annually by year 30, providing a funding source for future projects and investments that support economic vitality and redevelopment. The proposed City of Boulder Letter of Intent (LOI) (Attachment F) outlines the intended framework for a future intergovernmental agreement between the city and the DDA. The LOI is intended to establish expectations regarding the transition and ongoing relationship between the city and DDA, including city administrative support during the initial transition period, proposed TIF revenue-sharing arrangements, transition of parking and GID assets, annual reporting requirements, City Council review of budgets and bond issuances, and a required five-year financial and performance review process. The proposed DDA would be established only if approved by a majority of qualified electors within the proposed boundaries at the November 2026 election. If approved, the DDA would be governed by up to an eleven-member board appointed by the mayor and confirmed by City Council. The proposed board structure includes one City Council representative, with the remaining members consisting of residents, property owners, and business lessees within the DDA boundaries. Additional supporting analysis is provided in the accompanying attachments to inform Council's consideration of the proposed ballot measures. These materials include the draft Plan of Development outlining the DDA's proposed investment priorities and implementation framework (Attachment G). Attachment H compiles updated tax increment financing (TIF) revenue projections and fiscal impacts to participating taxing entities, budget analysis, including opportunities for the DDA to assume financial responsibility for programs and capital investments currently supported in whole or in part by the City's General Fund, and peer community case studies illustrating how

comparable downtown development authorities have been structured and utilized to support long-term economic vitality and district reinvestment. Wildfire Resilience on Open Space Council gave direction on May 14, 2026 to explore a possible amendment to Charter Sec. 176 “Open Space Purposes-Open Space Land” to explicitly state that wildfire mitigation is a permitted use for open space land. Staff conducted additional analysis and evaluated various approaches to implement the direction. Staff has identified two options for council’s consideration: 3. An amendment to Charter Sec. 176, to add a new subsection, which will require voter approval. 4. An ordinance adding a new section to the Boulder Revised Code, in Chapter 8-8 “Management of Open Space Lands” confirming the City’s ability to use open space land for fire mitigation purposes. The charter amendment would add a new Sec. 176(i) to the list of open space purposes. This change would require voter approval. The second option is a new approach that arose since May that would achieve the same outcome of explicitly stating that wildfire mitigation is a permitted use for open space land. This approach would be to add a new section in Chapter 8-8 “Management of Open Space Lands”, B.R.C., 1981, stating that wildfire mitigation is a permitted use for open space lands. This code section could be adopted by council without having to wait until and dependent upon the outcome of the November election. The Open Space Board of Trustees (“OSBT”) discussed these options on July 8, 2026 and made a motion to support an amendment to charter section 176 adding a new subsection (i) as follows: “Utilization of land to mitigate wildfire, flood, and other hazards to open space land and adjacent urban and agricultural areas.” This motion passed four to one. The conversation of the board focused on two areas: First, the need to clarify and explicitly call out wildfire resilience as an open space purpose and, second, the mechanism to do so: charter amendment versus ordinance. The board recommended amended language to Charter Section 176. While the majority of the OSBT did not object to an ordinance option they favored the Charter amendment approach as the best way of providing the community with the opportunity to weigh in on this matter. The majority of OSBT also supported expanding the language in the proposed amendment to explicitly allow the use of open space land to mitigate other natural hazards in addition to wildfire. While the dissenting voice on OSBT expressed the need for continued and enhanced wildfire resilience efforts on open space lands, they did not feel it necessary to open up the charter for amendment on an activity that is

already permissible under current charter provisions and expressed a desire to further discuss and consider the ordinance alternative. Staff recommends that council proceed with an ordinance to add a new section to chapter 8-8, “Management of Open Space Lands,” B.R.C., 1981. The rationale for this approach is: •

•

•

•

As stated previously, staff does not perceive any limitations in the current charter language that affects the authority for wildfire activities underway on open space land, nor has staff been unable to implement wildfire resilience activities or projects due to a concern with Charter alignment. A ballot measure to add wildfire mitigation as an Open Space purpose under Charter Section 176 may give community members the false impression that the charter currently inhibits wildfire activities from being performed on open space land. Chapter 8-8, “Management of Open Space Lands,” B.R.C., 1981, already interprets Open Space charter sections, and adopting a new section would follow that same precedent. This ordinance could be considered for adoption in September, following staff drafting of a code change, and a recommendation from the Open Space Board of Trustees in August, and would not have to wait for or be dependent on the results of the November election.

If council disagrees with this recommendation and would like to proceed with a Charter amendment ballot measure, staff will prepare a ballot ordinance for consideration on August 6 for first reading and second reading and public hearing on August 20 to still meet the deadline for submission of ballot titles to the County.

Equity Analysis Tax Ballot Measures The ballot measures are part of the city’s LTFS, one of the guiding principles of the LTFS is equity. The LTFS aims to advance equity by creating revenue structures and financial policies that reduce tax and fee burdens on historically disinvested groups.

City Charter Ballot Measure – Firefighter Collective Bargaining As this measure is a partnered response with representatives of unionized firefighters, it is shaped to meet the rights and needs of the city and the unionized employees. This

represents a right to employees and an activity, collective bargaining, which currently exists within our organization. Downtown Development Authority Ballot Measures The DDA formation process has incorporated equity considerations into both process and decision-making, including use of the city’s Racial Equity Instrument (REI) and engagement with Community Connectors in Residence (CC-in-R). A Downtown Community Connector has participated directly in the Planning Group, helping ensure that community perspectives, particularly from historically underrepresented groups, are reflected throughout the process. The draft Plan of Development includes strategies with equity implications, including: creating welcoming public spaces for all users; supporting local and independent businesses; providing multilingual outreach, application support, and business navigation assistance; directing storefront improvement grants and tenant improvement support toward small and older commercial spaces that face barriers to reinvestment; and establishing board and committee practices that expand participation across languages, cultures, ages, and abilities.

Fiscal Note Estimated Fiscal Impact Narrative The fiscal impact information of each of these measures is included in the supporting documentation. A summary of this will be provided as a part of the Aug 6th second reading and public hearing.

Climate, Resilience, and Sustainability Considerations Tax Ballot Measures The ballot measures and community engagement work is part of the city’s LTFS, one of the guiding principles of the LTFS is equity. The LTFS aims to advance equity by creating revenue structures and financial policies that reduce tax and fee burdens on historically disinvested groups. Downtown Development Authority Ballot Measures Passage of Proposed Ordinance 8763 and placement of the DDA formation questions on the ballot is primarily a governance and election action; it does not directly approve specific capital projects or create immediate physical impacts. However, if voters

approve the DDA, the Authority could enable future investments consistent with Boulder’s climate, resilience, and sustainability goals.

Community Engagement Tax Ballot Measures Probolsky Research performed a multi-modal (online and phone) statistically valid polling survey of likely Boulder voters in June 2026, and a presentation on survey results was provided to City Council at the June 25, 2026 council meeting. In addition, staff conducted Fund Our Future community conversations on city service level trade-offs from March 31 to April 19, 2026, holding eight engagement sessions and an online service level trade-off exercise that was open for public participation. Staff focused on two key areas within these community conversations, including 1) educating on the city budget and current financial constraints, and 2) performing a prioritization trade-offs exercise to understand community priorities of city service levels. City Charter Ballot Measure – Firefighter Collective Bargaining The IAFF petitioners were circulating a petition in the community to gather the required signatures to allow the union’s proposed charter amendment on the ballot. In the meantime, the city has been engaged in negotiations with IAFF representatives to develop a mutually agreeable charter amendment to incorporate collective bargaining for firefighters in a way that grants firefighters rights to negotiate a broad range of workplace conditions but also preserves improvement management rights to allow for efficient city operations. Downtown Development Authority Ballot Measures This work has included ongoing engagement with Planning and Technical Working Groups, targeted stakeholder outreach, public information sessions, and coordination with Community Connectors in Residence (CC-in-R), the Downtown Boulder Partnership, the Boulder Chamber, and other community partners. Feedback received through this process has informed refinement of district boundaries, governance concepts, funding strategies, and the draft Plan of Development. In addition, both the Downtown Management Commission and the University Hill Commercial Area Management Commission have adopted formal motions recommending that City Council refer the Proposed Ordinance 8763 to the eligible electors within the proposed district.

Wildfire Resilience on Open Space The Open Space Board of Trustees discussed these options on July 8, 2026 and made a motion to support an amendment to charter section 176 adding a new Sec.176(i) as follows: “Utilization of land to mitigate wildfire, flood, and other hazards to open space land and adjacent urban and agricultural areas.” This motion passed four to one. The conversation of the board focused on two areas: First, the need to clarify and explicitly call out wildfire resilience as an open space purpose and, second, the mechanism to do so: charter amendment versus ordinance. The board recommended amended language to Charter Section 176. While the majority of the OSBT did not object to an ordinance option they favored the Charter amendment approach as the best way of providing the community with the opportunity to weigh in on this matter. The majority of OSBT also supported expanding language to include language in the amendment to explicitly allow the use of open space land to mitigate other natural hazards in addition to wildfires. While the dissenting voice on OSBT expressed the need for continued and enhanced wildfire resilience efforts on open space lands, they did not feel it necessary to open up the charter for amendment on an activity that is already permissible under current charter provisions and expressed a desire to further discuss and consider the ordinance alternative.

Workplan Considerations The staff time needed to complete the work for ballot items is included within departmental work plans.

Next Steps for City Council Second reading and public hearing is scheduled for August 6, 2026. If needed, there is a continued second/third reading schedule for August 20, 2026. The last regular City Council meeting date that council may approve ballot measures is August 27, 2026. Ballot measures must be certified to Boulder County no later than September 4, 2026.

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Attachments A - Proposed Ordinance 8758 (Recreation & Safety Bond) B - Proposed Ordinance 8759 (Residential Vacancy Excise Tax) C - Proposed Ordinance 8761 (Firefighter Collective Bargaining) D - Proposed Ordinance 8762 (City Debt Limitation) E - Proposed Ordinance 8763 (Downtown Development Authority) F - Draft City/DDA Letter of Intent G – Draft Plan of Development H – Additional DDA Information