Agenda Memo

City of Boulder City Council Agenda Item Meeting Date: April 2, 2026 Agenda Title Introduction and consideration of a motion to order published by title only and adopt by emergency measure Ordinance 8746 adopting Supplement 166, which codifies previously adopted ordinances 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 8746 adopting Supplement 166, which codifies previously adopted ordinances 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 166 has been previously adopted by the following: Ord. 8712

Ord. 8720

Ord. 8721

Ord. 8727

AN ORDINANCE AMENDING SECTION 4-20-62, “CAPITAL FACILITY IMPACT FEE,” AND CHAPTER 8-9, “CAPITAL FACILITY IMPACT FEE,” B.R.C. 1981, ADDING A NEW AFFORDABLE HOUSING IMPACT FEE RATE FOR CERTAIN SINGLE-UNIT DWELLING DEVELOPMENTS; AND SETTING FORTH RELATED DETAILS AN ORDINANCE AMENDING CHAPTER 10-10, B.R.C. 1981, BY ADDING A NEW SECTION 10-10-3, “PROHIBITION ON THE INSTALLATION AND USE OF GRAYWATER TREATMENT WORKS,” PROHIBITING GRAYWATER USE BY PERSONS SERVED THROUGH THE CITY’S WATER UTLITY; AND SETTING FORTH RELATED DETAILS AN ORDINANCE AMENDING SECTION 4-20-43, “DEVELOPMENT APPLICATION FEES,” TITLE 6, “HEALTH, SAFETY, AND SANITATION,” TITLE 8, “PARKS, OPEN SPACES, STREETS, AND PUBLIC WAYS,” TITLE 9, “LAND USE CODE,” SECTION 10-8.5-2, “ADOPTION OF INTERNATIONAL WILDLAND-URBAN INTERFACE CODE WITH MODIFICATION,” AND SECTION 11-1-25.5, “DUTY TO AVOID WASTE OF WATER AND TO MAINTAIN SERVICE LINES AND FIXTURES,” B.R.C. 1981, RELATED TO LANDSCAPING, WATER CONSERVATION, AND WILDFIRE RESILIENCE; AND SETTING FORTH RELATED DETAILS AN ORDINANCE AMENDING SECTIONS 3-8-3, “TAX IMPOSED ON NONRESIDENTIAL AND RESIDENTIAL DEVELOPMENT,” 3-20-2, “IMPOSITION AND RATE OF RENTAL LICENSE EXCISE TAX,” 7-6-2, “PARKING PENALTIES,” AND CHAPTER 4-20, “FEES,” B.R.C. 1981, CHANGING CERTAIN FEES AND TAXES; AND SETTING FORTH RELATED DETAILS

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 supplement ordinance would not be adopted

Refer back to staff

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

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 that were adopted by the council in the last supplement quarter or that were 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 of Boulder should be current and available to residents as soon as possible; therefore, the council is asked to adopt the proposed ordinance at first reading as an emergency measure.

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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Attachment Attachment A – Proposed 1st rdg Emergency Ordinance 8746 Supp 166

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