Council Connects

SB 20-2017 - passed the Colorado Senate.
https://leg.colorado.gov/sites/default/files/documents/2020A/bills/2020a_217_ren.pdf

FROM MMC (Metro Mayors Caucus):
There have been significant amendments to the bill. Below is a summary of some of the more significant amendments.

Among the amendments to secure such broad support are the extension of the deadline for peace officers to have body cameras to July 1, 2023, the timeline during which body cam footage must be publicly released (21 days), and clarification of instances in which blurring and/or redaction is permitted.

The Division of Criminal Justice reporting requirements have also been pushed out to January 1, 2023.

The bill bans the firing of kinetic projectiles at the head, back or pelvis or indiscriminately into a crowd and the use of tear gas, pepper spray or other irritants to disperse a crowd without first giving an order and time to disperse.

With regard to liability, the defense of qualified immunity is specifically prohibited with regard to the liability outlined in the bill. If a peace officer is found to have not acted in good faith, they are personally liable for 5% of a judgement up to $25,000 (this is a reduction from the prior version) but if the amount is uncollectable, the amount can be recovered from the peace officer's employing jurisdiction or insurer.

Use of physical force is only permitted in certain circumstances and deadly force is not permitted in the apprehension of persons suspected of minor or nonviolent offenses. Chokeholds are prohibited. Deadly force is only permitted in making an arrest if all other means are impractical AND the arrest is for felony conduct including the use or threatened use of deadly physical force; there is substantial risk that the person arrested will cause death or serious bodily injury if apprehension is delayed; and the force employed does not create substantial risk of injury to innocent persons. The peace officer must identify him/herself as such and provide verbal warning of intent to use deadly physical force with sufficient time for suspect to observe unless doing so would place peace officers at risk, create a risk of death or injury to others, or be clearly inappropriate or ineffective under the circumstances.

The bill also creates a peace officer's duty to intervene, stop or prevent use of force exceeding the degree permitted and specifies how reporting must take place. Failure to intervene can result in discipline including termination and decertification.

Governmental entities accused of employing patterns or practices that deprive constitutional rights will have sixty days to change or eliminate that practice or policy or the AG may file a civil suit.

Local & Regional Government Alliance on Race & Equity (GARE) - www.racialequityalliance.org
A few resources:
- Racial Equity Toolkit -
http://racialequityalliance.org/wp-content/uploads/2015/10/GARE-Racial_Equity_Toolkit.pdf
- Racial Equity Action Plans - How To Manual -
https://www.racialequityalliance.org/wp-content/uploads/2016/11/GARE-Racial-Equity-Action-Plans.pdf
- Getting to Results -
https://www.racialequityalliance.org/wp-content/uploads/2017/09/GARE_GettingtoEquity_July2017_PUBLISH.pdf
- Advancing Racial Equity and Transforming Government: A Resource Guide to Put Ideas Into Action
https://www.racialequityalliance.org/resources/advancing-racial-equity-and-transforming-government-a-resource-guide-to-put-ideas-into-action/

Advocacy + Legislative subcommittee process: https://www.cityofgolden.net/media/Advocacy_Legislative_Subcomm_process.pdf. Please let Councilor Dale or I know if you have feedback (jtrout@cityofgolden.net)

Dr. Leana Wen, visiting professor of public health at George Washington University and former health commissioner for the city of Baltimore, will discuss COVID-19, considerations for reopening, and best practices.

Her parting three thoughts - Need clear communications; Be on guard as the virus is still out there even as we start to open; and Be ready for the next wave.

Resources the City of Boulder used in 2019 when going through their police reform after a racially charged incident with Zayd Atkinson, a black student, at the Naropa Institute.
- City of Boulder Police Oversight Task Force: https://bouldercolorado.gov/city-manager/police-oversight-task-force
- National Association for Civilian Oversight of Law Enforcement (NACOLE): https://www.nacole.org/
- City of Boulder Racial Equity: https://bouldercolorado.gov/racial-equity
- Government Alliance on Race and Equity: https://www.racialequityalliance.org/

Resources from NLC REAL ( National League of Cities Race, Equity And Leadership) Committee are available on the website: https://www.nlc.org/program-initiative/race-equity-and-leadership-real

In particular, the “Responding to Racial Tension in Your City: Municipal Action Guide” which was released last year is worth your attention
https://www.nlc.org/resource/responding-to-racial-tension-in-your-city-a-municipal-action-guide

From Prof. Dale Whitman for the Real Estate Lawyers Listserve (DIRT):
Both houses of Congress have now approved a number of changes in the PPP program, designed to make it more useful and flexible. They include:

lengthening the timeline of availability for PPP loans to Dec. 3, 2020
providing more flexibility for loan forgiveness recognizing the extended impact of COVID-19
making the safe harbor for maintaining or rehiring employees more flexible
allowing PPP borrowers to defer payroll taxes for employees whose payroll costs are covered by the loan
providing more flexibility in the term of the loan and repayment timing

There are many law firm-published detailed explanations of the changes. A good one, published by Holland and Knight, can be found at this link:
https://www.hklaw.com/en/insights/publications/2020/06/congress-makes-ppp-loans-more-flexible-for-borrowers
The President is expected to sign the bill immediately.

I thought this NYTimes article on face coverings was illuminating. It features recommendations from three University of Pennsylvania professors on how to get people to wear face coverings. Bottom line: make them easy, understood, and expected.

https://www.nytimes.com/2020/05/27/opinion/coronavirus-masks.html

Finally some good news about COVID-19! We keep learning that masks are proving to be *more* effective than previously thought:
o. https://www.erinbromage.com/post/what-s-the-deal-with-masks
o. https://williamfisher.com/covid-19-resources-for-goldenites/

Let’s keep wearing them Golden, it’s working! Golden City Council is supporting local businesses who are requiring all patrons to use masks, let’s keep each other safe.

See Erin Bromage, What's the deal on masks. Well worth the read.

The WaterNow Alliance has asked local leaders to provide feedback via a survey that can be found at:
https://rvo.az1.qualtrics.com/jfe/form/SV_afSHTCIh4fZgcrX?Q_DL=2ElprEHVAhKbsow_afSHTCIh4fZgcrX_MLRP_0Vt1ElBW2eGCxSt&Q_CHL=email
It takes about 15 minutes to complete.

I received this link in an alumni newsletter. It's got some good, simplified info on COVID-19 myths.
https://sites.google.com/u.pacific.edu/uopcovid/home?authuser=0

Article today from Bloomberg Cities about temporary "streateries" https://medium.com/@BloombergCities/how-cities-are-using-streateries-to-help-restaurants-recover-c697f1a9c510

Regarding safe reopening of restaurants in Golden, we need a great sense of urgency. We should prepare a plan now and agree it and if we have to adjust it to match State or County requirements, then we will. But we will be more responsive to needed urgency if we plan now.

See my FB pages on face covering/masks. JAMES DALE or Jim Dale4Golden.

PLANNING & TACTICS FOR REOPENING OUTDOOR SPACES: DCI meeting topic from yesterday that I mentioned at the Council meeting. I don’t have the presentation yet, but was able to get this link which includes an image that re-imagines a sidewalk space with the constraints that need to be considered. https://studio-111.com/blog/detail/reopening-main-street

3 PRINCIPLES FOR REOPENING CITIES: I have been attending weekly meetings of the Bloomberg Cities COVID19 Local Response Initiative for mayors from across the nation and around the world. I'll try to share more going forward. This is a recap of one of the presentations from yesterday's meeting. https://medium.com/@BloombergCities/3-principles-for-reopening-cities-in-a-time-of-covid-19-f1e5820a9d4c

COVID-19 , ON GETTING AN INFECTIOUS DOSE:

RISKS OF INDOOR VS OUTDOOR TRANSMISSION - https://www.erinbromage.com/post/the-risks-know-them-avoid-them.

For background, one can look to this reference from a giant in epidemiology:

Bradford Hill criteria - Wikipedia
en.wikipedia.org › wiki › Bradford_Hill_criteria
The Bradford Hill criteria, otherwise known as Hill's criteria for causation, are a group of 9 principles that can be useful in establishing epidemiologic evidence of a causal relationship between a presumed cause and an observed effect and have been widely used in public health research.
‎Definition · ‎Debate in epidemiology · ‎Examples of application

CENTER for INFECTIOUS DISEASE RESEARCH AND POLICY (My favorite Scientific Source)

https://www.cidrap.umn.edu

Welcome to "COVID-19: The CIDRAP Viewpoint."

In the first report, published today, "The future of the COVID-19 pandemic: lessons learned from pandemic influenza (https://www.cidrap.umn.edu/covid-19/covid-19-cidrap-viewpoint) ," CIDRAP experts and outside consultants paint a picture of the pandemic and detail how it's behaving more like past influenza pandemics than like any coronavirus has to date.

Key recommendations include planning for a worst-case scenario, protecting healthcare workers, developing concrete plans, and reminding people that the pandemic is not likely to end soon.

We appreciate that other expert groups have produced detailed plans for slowing SARS-CoV-2 transmission and for reopening the country after stay-at-home orders and other important mitigation steps are eased. Our intent with Viewpoint reports is to add key information and address issues that haven't garnered the attention they deserve and reflect the unique experience and expertise among the CIDRAP team and our expert consultants.

We will address timely issues with straight talk and clarity. And the steps we will recommend will be based on our current reality and the best available data. Our goal is to help planners envision some of the situations that might present themselves later this year or next year so that they can take key steps now, while there’s still time.

"COVID-19: The CIDRAP Viewpoint" will address such topics as pandemic scenarios going forward, crisis communication, testing, contact tracing, surveillance, supply chains, and epidemiology issues and key areas for research. We intend to release one to two reports per week.

We hope you find these reports valuable.
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Contact Us (/about-us/contact-us)

Center for Infectious Disease Research and Policy
Academic Health Center, University of Minnesota, Minneapolis, MN
© CIDRAP 2020 Regents of the University of MN
Academic Health Center, University of MN

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Just wanted to let you know I've been working on these notes, not just loafing on this snowy day


NLC Congressional City Conference, 8-11 March 2020, Washington, DC
Here are my NOTES:
NLC UNIVERSITY
POLICY PRIORITIEDS TO PRACTICE – Why 73% of the data you use for decision making is misleading
Matt Applebaum, Former Mayor Boulder
ASK: Is the info/data you have relevant?
1. Census Data: student population messes up/skews the data
2. Problems with Means and Medians: about the distribution of numbers
a. He gave a bunch of examples: temperatures, water flows, stock market, rainfall, incomes, real estate prices, proverty
b. Why? Because perception drives anger (Jim says: perception = reality)
3. Budgets: bottom line – hard to compare cities because of the variety of Fund areas plus special districts
4. Correlation (Association) does not equal Causation
5. Reading Charts: Look carefully at the scales used on them
SUMMARY
1. Bad data is worse than no data
2. KEY: does the data answer the question you ask?
3. Jim’s take: the Art and Science of Policy making

NLC UNIVERSITY
THE FUTURE OF SUSTAINABLE MOBILITY – SHARED : CARS, CURBS AND CITIES
Substitute Speaker- ZIP Car Exec- Subrina Sussman (Sort of became an ad for ZIP CAR)
Shared Economy: many examples in today’s society
ZIP CARS = Car Sharing; cost is about $70/yr plus $8/hr
- Why ZIP CAR? Shared, Connected and Flexible
o AAA SAYS “average cost of owning a car is $906/mo
o Fewer cars
o Fewer parking spots needed
o More green spac
- BUT NEED:
o Housing Density
o Lower car ownership rates
10 Shared Mobility Principals: plan; focus- moving people not cars; encourage efficient use of space and assets; engage stakeholders in decision making; design for equitable access; transition toward zero emissions; seek fair user fees; deliver public benefit via open data; promote i9ntegrated and seamless connectivity; automated vehicles must be shared

NLC UNIVERSITY
Data Analysis from Operational Issues to Policy – Tyler Inc. Exec ( “a table exercise”)
(Jim’s opinion: not so helpful/hit)
Keys to operating Smarter not Harder
1. Find the Needle in the Haystack by targets – who where
2. Prioritizing work for impact – Triage versus FIFO (Fist In First Out)
3. Use early warning tools
4. Make Better, Quicjer decisions
5. Optimize resource Allocation
6. Experimenting to find what works
a. Messaging
b. Examples – text msgs
i. Simple – free give aways work
ii. Social good motivated
iii. Ego motivated – worked best in some instances

First General Session
ASK:
1. Adopt NLC Legislative Positions
2. Jim addition – Adopt CMLand or DRCOG Legislative Positisons
U.S. EPA Counsel = advertisement for Administration deregulation efforts
Paul Ryan: (Says it’s great being home for high school aged sons)
1. Use Opportunity Zones
2. Infrastructure Funding
a. Gas increase is a nonstarter with republicans
b. He advocates VMT (Vehicle Miles Traveled system – says the tech is available
Second General Session
Overcoming Obstacles to Affordable Housing: Moderator – Opportunity Starts at Home E.D.
1. Rental Subsidies: currently a Bill in Congress
a. For target populations
b. Voucher programs
2. Evictions: usually for smaller amounts – like one month rent
a. Crisis assistance – (Eviction Crisis Act: Senstor Bennet is a sponsor)
b. ACA (Affordable Care Act) reduced evictions
3. Metro Atlanta Housing Strategy (see online/website)
a. Good Book: The Color of Law
b. Website Has GIS:
i. Cost burdened households
ii. Transportation costs
iii. Jobs & healthcare info
iv. Housing submarkets
v. Costs/square ft
vi. A creative place making plans
4. Washington DC perspective
a. Have affordability goals
b. Have tax on Real Estate sales that goes for affordable housing (Housing Trust Fund)

SMALL CITIES COUNCIL MTG
Mostly just good networking
1. Did a Survey:
a. Highest Interests/ Challenges/PRIORITIES (Will be the topics at this summer’s Small Cities Conference)
i. SMALL CITIES IN BIG PLACES
ii. JULY 15-18, 2020
iii. CITY OF LAKE WORTH BEACH, FL
iv. SOUND LIKE IT COULD BE A GOOD WORKING/LEARNING CONFERENCE
UNIVERSITY COMMUNITIES COUNCIL MTG
#**# International Town and Gown Association mtg – June 1-3, 2020, Boulder, CO
(Probably will be canceled now with COVID-19 pandemic)
ISSUES for thought & action?:
1. Cities LEAD AGENDA
2. Youth and Families
3. Homelessness
4. Census
5. Voting
6. Short Term Rentals: NLC has a Best Practices Document (Brooks Rainwater @ NLC & Center for City Solutions
a. (Jim’s thought – we might want to review it?)
b. Boulder’s 12% LodgingTax – DEDICATED TO Affordable Housing
Legislative and Federal Transportation Investment Update – Britteny Kohler, NLC Legislative Director
1. Surface Transportation Block Grant – due to sunset – needs Congressional action
2. Move Safely (Target Zero Deaths) – “ “ “ “ “
3. New Transportation Options – Moving First Act – empowers Innovation Fund –pending action
4. Get It Done
5. Build Act: includes jobs, clean water, financing and housing stability clause/portions