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Home My WebLink AboutCity Council Agenda Packet 03-11-19 AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 11, 2019 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES APPROVAL OF MINUTES Council Minutes of February 25, 2019 and Special Council Minutes of March 4, 2019 APPROVAL OF AGENDA CITIZENS’ RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the PUBLIC COMMENT ROSTER. b. Citizens who wish to speak on an Agenda Item, please sign the GENERAL AGENDA ROSTER. c. Citizens who wish to speak on a Public Hearing item, please sign the PUBLIC HEARING ROSTER before the item is called to be heard. d. Citizens who wish to speak on Study Session Agenda Items for a maximum of 3 minutes and sign the STUDY SESSION AGENDA ROSTER. CITY COUNCIL AGENDA: March 11, 2019 Page -2- ORDINANCES ON FIRST READING 1. Council Bill 04-2019 – amending Sections 11-51, 11-52, 11-53, 11-56, 11-63, 11- 64 and 17-27 of the Wheat Ridge Code of Laws concerning the licensing and use of alcohol beverages and making additional housekeeping revisions to said Code updating statutory citations to conform to recent legislative changes DECISIONS, RESOLUTIONS AND MOTIONS 2. Resolution No. 15-2019 – amending the Fiscal Year 2019 Public Art Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $18,500 and approving payment to Nancy Lovendahl in the amount of $79,500 with a $4,000 Contingency for the purchase of “Sweet Grass Dance”, a stone sculpture 3. Resolution No. 16-2019 – support of House Bill 19-1009 concerning supports for persons recovering from substance use disorders 4. Resolution No. 17-2019 – support of Senate Bill 19-008 concerning treatment of individuals with substance use disorders who come into contact with the Criminal Justice System 5. Resolution No. 18-2019 – authorizing Wheat Ridge’s participation in the 2019 Metro Mortgage Assistance Plus Program and delegating to the City and County of Denver the Authority of Wheat Ridge to take action and exercise power under a Delegation and Participation Agreement on behalf of Wheat Ridge with respect to the program CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 4, 2019 Mayor Starker called the Special City Council Meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Zachary Urban Janeece Hoppe George Pond David Kueter Kristi Davis Larry Mathews Leah Dozeman Also present: City Manager, Patrick Goff; City Clerk, Janelle Shaver; Judge Christopher Randall; other staff, guests and interested citizens. PROCLAMATIONS AND CEREMONIES APPROVAL OF MINUTES APPROVAL OF AGENDA CITIZENS RIGHT TO SPEAK Rachel Hultin (WR) praised the City for the fantastic Gala Saturday night. She also reported the NRS committee will be hosting open houses are March 19 and March 20. Times and locations on the City website. People are encouraged to come. DECISIONS, RESOLUTIONS AND MOTIONS 1. Motion to appoint candidate to District III City Council Seat, term ending November 22, 2021 Councilmember Pond introduced Item 1 District III Councilmember Tim Fitzgerald resigned from his City Council seat effective February 10, 2019. In order to fill the District III vacancy, prospective candidates were invited to present to City Council during the February 25, 2019, special study session. Section 4.5 of the Wheat Ridge City Charter requires that “the remaining SPECIAL CITY COUNCIL MINUTES: March 4, 2019 Page -2- councilmembers shall choose by majority vote a duly qualified person from the proper district to fill such vacancy” within thirty (30) days of resignation or by March 12, 2019. Citizen comment Rachel Hultin (WR) expressed excitement that we have such a qualified candidate to fill the vacancy. She has known Amanda Weaver for many years. Councilmember Pond elaborated on the qualifications of Amanda Weaver, and paid tribute to former Councilmember Tim Fitzgerald. Motion by Councilmember Pond to appoint Amanda Weaver to the District III City Council Seat, term ending November 22, 2021, seconded by Councilmember Urban: motion carries 7-0. Judge Randall administered the oath of office to Amanda Weaver and she took her place on the dais. CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO STUDY SESSION The City Council Meeting adjourned at 6:45 pm. _____________________________ Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON March 11, 2019 Janeece Hoppe, Mayor Pro tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing in the City Clerk’s Office, as well as copies of Ordinances and Resolutions. ITEM NO: DATE: March 11, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 04-2019 – AN ORDINANCE AMENDING SECTIONS 11-51, 11-52, 11-53, 11-56, 11-63, 11-64 AND 17-27 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LICENSING AND USE OF ALCOHOL BEVERAGES AND MAKING ADDITIONAL HOUSEKEEPING REVISIONS TO SAID CODE UPDATING STATUTORY CITATIONS TO CONFORM TO RECENT LEGISLATIVE CHANGES PUBLIC HEARING ORDINANCES FOR 1ST READING (03/11/2019) BIDS/MOTIONS ORDINANCES FOR 2ND READING (03/25/2019) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: Consideration of an ordinance updating the Wheat Ridge Code to reflect amendments to the state’s Liquor and Beer Codes. PRIOR ACTION: At its February 25, 2019 study session, the Council reached consensus to bring this ordinance forward. FINANCIAL IMPACT: N/A BACKGROUND: Over the last few years, the Colorado legislature has adopted a number of bills amending state Liquor and Beer codes, with the effective date being 1/1/2019. Council Action Form - Liquor Code Revisions March 11, 2019 Page 2 Additionally, a bill was passed in 2018 that created a new Title 44, entitled Revenue – Regulation of Activities. This new Title contains the state’s revised liquor laws, formerly located in Title 12, C.R.S., and necessitates updating and making conforming changes to the Wheat Ridge Code, as it makes numerous references to now out-of-date statutory sections. Non-substantive and other uncontroversial revisions and the updating of new statutory references adopted over the last few years have been included in the attached ordinance. RECOMMENDATIONS: Adopt the attached ordinance on first reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 04-2019, an ordinance amending Sections 11-51, 11-52, 11-53, 11-56, 11-63, 11-64 and 17-27 of the Wheat Ridge Code of Laws concerning the licensing and use of alcohol beverages and making additional housekeeping revisions to said Code updating statutory citations to conform to recent legislative changes on first reading, order it published, public hearing set for Monday, March 25, 2019 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication. REPORT PREPARED BY; Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 04-2019 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 04 ORDINANCE NO. _________ Series 2019 TITLE: AN ORDINANCE AMENDING SECTIONS 11-51, 1-52, 11-53, 11-56, 11-63, 11-64 AND 17-27 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE LICENSING AND USE OF ALCOHOL BEVERAGES AND MAKING ADDITIONAL HOUSEKEEPING REVISIONS TO SAID CODE UPDATING STATUTORY CITATIONS TO CONFORM TO RECENT LEGISLATIVE CHANGES WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Council has previously adopted laws governing the regulation of liquor licensing and consumption consistent with state law; and WHEREAS, the Colorado legislature has recently adopted bills amending the Colorado Revised Statutes as they pertain to its liquor code, beer code, and other related codes, and have adopted a new Title 44, entitled “Department of Revenue Activities Regulation Act," which requires conforming changes to the Wheat Ridge Code of Laws; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-51 is amended to read as follows: Sec. 11-51. – Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ALCOHOL BEVERAGE MEANS FERMENTED MALT BEVERAGES OR MALT, VINOUS, OR SPIRITUOUS LIQUORS; EXCEPT THAT ALCOHOL BEVERAGE SHALL NOT INCLUDE CONFECTIONERY CONTAINING ALCOHOL WITHIN THE LIMITS PRESCRIBED BY C.R.S. §25-5-410(1)(i)(II). ATTACHMENT 1 -2- Applicant means and includes: (1) If an individual, OR A HUSBAND AND WIFE, that person OR PERSONS making an application for a license under this chapter; (2) If a partnership, ALLthe partners, ANY OFFICERS, AND ANY MEMBERS owning ten (10) percent or more INTEREST IN of the partnership which is making application for a license under this chapter; (3) If a corporation, the president, vice-president, secretary, treasurer, the directors, managerMANAGING OFFICER, and each stockholder owning ten (10) percent or more of the stock of the corporation. ; AND (4) IF AN ASSOCIATION, ORGANIZATION, OR COMPANY NOT LISTED ABOVE, ITS OFFICERS, DIRECTORS, AND ANY OF ITS MEMBERS OWNING A TEN (10) PERCENT OR MORE INTEREST THEREIN. Authority or licensing authority means the liquor licensing authority of the city. FERMENTED MALT BEVERAGE Beer, 3.2 percent means BEER AND ANY OTHER BEVERAGE OBTAINED BY THE FERMENTATION OF ANY INFUSION OR DECOCTION OF BARLEY, MALT, HOPS, OR ANY SIMILAR PRODUCT OR ANY COMBINATION THEREOF IN WATER CONTAINING NOT LESS THAN ONE-HALF OF ONE any fermented malt beverages as herein defined containing not more than three point two (0.5 3.2) percent of alcohol by VOLUME weight. Immediate family means spouse, mother, father, children, brothers, sisters, mother-in-law, father-in-law, brothers-in-law, or sisters-in-law. Investigator means a member of the Wheat Ridge Police Department. Malt liquors INCLUDES means beer and MEANS any other beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar products, or any combination thereof, in water, containing NOT LESS THAN ONE-HALF OF ONE more than three point two(0.5 3.2) percent of alcohol by VOLUME weight. Manager includes the person or those persons who manage, direct, supervise, oversee and administer the acts, transactions and acts of servants of the establishments governed by this chapter. Medicinal liquors means any liquor sold by a duly licensed pharmacist or drugstore solely on a bona fide doctor's prescription. Operator means a person licensed by law to sell FERMENTED MALT BEVERAGES OR malt, vinous, or spirituous liquors, other than medicinal liquors, for beverage purposes at retail, and who is engaged at any time during the calendar year in such operation in the city. Spirituous liquors means any alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin, POWDERED ALCOHOL, and every liquid or solid, patented -3- or not, containing AT LEAST ONE-HALF OF ONE PERCENT alcohol BY VOLUME and which IS are fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor, except as above provided IN THIS SECTION, shall not be construed to be FERMENTED MALT OR malt or vinous liquors, but shall be construed to be spirituous liquors. Vinous liquors means wines, INCLUDING SAKE, and fortified wines THAT: (1) CONTAIN NOT LESS THAN ONE- HALF OF ONE (0.5) PERCENT AND not MORE THAN exceeding twenty-one (21) percent of alcohol by volume; and (2) ARE PRODUCED shall be construed to mean alcoholic beverages obtained by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar. All other words and phrases used in this chapter shall have the meanings attached by the Colorado Statutes regulating the sale of ALCOHOL BEVERAGES liquor, or if not otherwise defined by law, as used in their common, ordinary and accepted sense and meaning. Section 2. Section 11-52 is amended to read as follows: Sec. 11-52. - Purpose. In pursuance of the authority conferred by C.R.S. Aarticles 3, 4 AND 5 46, 47 and 48 of Title 44 12, C.R.S., 1997 Volume, this chapter is enacted for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the city by regulating, controlling and licensing the sale of malt, vinous or spirituous liquors and fermented malt beverages. Section 3. Subsection 11-53 (b) is amended to read as follows: Sec. 11-53. - Governance by state laws, rules and regulations. (b) Notwithstanding the provisions in subsection (a) to the contrary, the distance restrictions imposed by C.R.S. § 44-3-313(1)(d) 12-47-313(1)(d)(I) prohibiting the sale of ALCOHOL BEVERAGES malt, vinous or spirituous liquor within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary, are eliminated for all hotel and restaurant licenses, beer and wine licenses, brew pub licenses, DISTILLERY PUB LICENSES, arts licenses, and vintner's restaurant licenses issued pursuant to this article. Section 4. Section 11-56 is amended to read as follows: Sec. 11-56. - Alcohol beverage tastings. (a) Subject to the limitations of this section, alcohol beverage tastings are permitted within the city. For the purposes of this section "tastings" means the sampling of malt, vinous, or spirituous liquors that may occur on the premises of a retail liquor store licensee or liquor-licensed drugstore licensee by adult patrons of the licensee pursuant to the provisions of this section and C.R.S. § 44-3-301(10). Section 12-47-301 (10), C.R.S. -4- (b) A retail liquor store or liquor-licensed drugstore licensee who wishes to conduct tastings may submit an application or application renewal for that purpose to the liquor licensing authority. The applicant for a tastings permit shall state on the application the days and times that tastings will occur. The applicant shall give at least twenty-four (24) hours' prior notice to the CITY CLERK’S OFFICE AND THE police department of any deviations in the tastings schedule as set forth in the application. The liquor licensing authority may grant, grant with restrictions, or reject the application if the applicant fails to establish that he or she is able to conduct tastings without violating the provisions of this section, OR C.R.S. § 44-3-301(10) Section 12-47-310(10), CRS, or creating a public safety risk to the neighborhood. The liquor licensing authority shall establish its own application procedure and shall charge a reasonable application fee. The liquor licensing authority may delegate review and decision on the application to its clerk or administrative official. (c) Tastings ARE shall be subject to the following limitations: (1) Tastings shall be conducted only: a. BY A PERSON WHO: HAS by a person who has completed a server training program that meets the standards established by the liquor enforcement division in the department of revenue and IS who is either a retail liquor store licensee or a liquor-licensed drugstore licensee, or A REPRESENTATIVE, EMPLOYEE, OR AGENT OF THE LICENSED WHOLESALER, BREW PUB, DISTILLERY PUB, MANUFACTURER, LIMITED WINERY, IMPORTER, OR VINTNER’S RESTAURANT PROMOTING THE ALCOHOL BEVERAGES FOR THE TASTING; AND an employee of a licensee, and only on a licensee's licensed premises. b. ON A LICENSEE’S LICENSED PREMISES. (2) The alcohol BEVERAGE used in tastings MUST shall be purchased through a licensed wholesaler, licensed brew pub, LICENSED DISTILLERY PUB, or winery licensed pursuant to C.R.S. § 44-3-403 AT A COST THAT IS NOT LESS THAN THE LAID-IN COST OF THE ALCOHOL BEVERAGE Section 12-47-403 CRS. (3) The size of an individual alcohol sample shall not exceed one (1) ounce of malt or vinous liquor or one-half (½) ounce of spirituous liquor. (4) Tastings shall not exceed a total of five (5) hours in duration per day, which need not be consecutive. (5) THE LICENSEE MAY CONDUCT Tastings shall be conducted only during the operating hours in which the licensee on whose -5- premises the tastings occur is permitted to sell alcohol beverages, and in no case earlier than 11:00 a.m. or later than 97:00 p.m. (6) The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample. (7) The licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises, or shall destroy the samples immediately following the completion of the tasting, OR STORE ANY OPEN CONTAINERS OF UNCONSUMED ALCOHOL BEVERAGES IN A SECURE AREA OUTSIDE THE SALES AREA OF THE LICENSED PREMISES FOR USE AT A TASTING CONDUCTED AT A LATER TIME OR DATE. (8) The licensee shall not serve a person who is under twenty-one (21) years of age or who is visibly intoxicated. (9) The licensee shall not serve more than four (4) individual samples to a patron during a tasting. (10) Alcohol samples shall be in open containers and shall be provided to a patron free of charge. (11) THE LICENSEE MAY CONDUCT Ttastings ONmay occur on no more than four (4) of the six (6) days from a Monday to the following Saturday, not to exceed one hundred FIFTY-SIX four (156 104) days per year. (12) No manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in-kind assistance to favor the manufacturer's products being sampled at a tasting. The RETAIL LIQUOR STORE OR LIQUOR-LICENSED DRUGSTORE licensee shall bearS the financial and all other responsibility for a tasting CONDUCTED ON ITS LICENSED PREMISES. (D13) A violation of a limitation specified in this section, OR C.R.S. § 44-3-301(10) Section 12-47-301(10) CRS or Section 12-47-801 (CRS) by a retail liquor store or LIQUOR-LICENSED drug licensee, whether by THE LICENSEE'S his or her employees, agents, or otherwise, shall be OR BY A REPRESENTATIVE, EMPLOYEE, OR AGENT OF THE LICENSED WHOLESALER, BREW PUB, DISTILLERY PUB, MANUFACTURER, LIMITED WINERY, IMPORTER, OR VINTNER'S RESTAURANT THAT PROMOTED THE ALCOHOL BEVERAGES FOR TASTING, IS the responsibility of, AND C.R.S. 44-3-801 APPLIES TO, the retail liquor store or liquor-licensed drugstore licensee THAT CONDUCTED who is conducting the tasting. -6- (E14) A retail liquor store or liquor-licensed drugstore licensee conducting a tasting shall be subject to the same revocation, suspension, and enforcement provisions as otherwise apply to the licensee. (F) NOTHING IN THIS SECTION SHALL AFFECT THE ABILITY OF A COLORADO WINERY LICENSED PURSUANT TO C.R.S. § 44-3-402 OR 44-33-403 TO CONDUCT A TASTING PURSUANT TO THE AUTHORITY OF C.R.S. §44-3-402(2) OR 44-3-403(2)(e). Section 5. Section 11-63 is amended to read as follows: Sec. 11-63. - Classification of operators. The business of selling at retail any FERMENTED MALT BEVERAGE OR three point two (3.2) percent beer, malt, vinous or spirituous liquor other than medicinal liquors for beverage purposes is hereby defined and separately classified as such occupation for the purpose of this chapter as follows: (1) Class "C" operators. All operators licensed to sell ALCOHOL BEVERAGES malt, vinous or spirituous liquors as clubs are Class "C" operators. (2) Class "D" operators. All operators licensed as retail stores to sell in original containers ALCOHOL BEVERAGES, malt, vinous or spirituous liquors for consumption off the premises shall be Class "D" operators. (3) Class "E" operators. All operators licensed as drugstores to sell ALCOHOL BEVERAGES malt, vinous or spirituous liquors in original containers for consumption off the premises shall be Class "E" operators. (4) Class "F" operators. All operators licensed to sell malt or vinous liquors only by the drink for consumption on the premises shall be Class "F" operators. (5) Class "G" operators. All operators who are licensed to sell ALCOHOL BEVERAGES beer, wine and spirituous liquors for consumption on the premises either as BREW PUBS, DISTILLERY PUBS, VINTNER'S RESTAURANTS, hotels AND/or restaurants shall be Class "G" operators. (6) Class "J" operators. All operators licensed to sell only FERMENTED MALT BEVERAGE three point two (3.2) percent beer shall be classified as follows: a. Class "J1" operators. All operators licensed to sell or selling FERMENTED MALT BEVERAGE three point two (3.2) percent beer for consumption off the premises of the licensee shall be Class "J1" operators. b. Class "J2" operators. All operators licensed to sell or selling FERMENTED MALT BEVERAGE three point two (3.2) percent -7- beer for consumption on the premises of the licensee shall be Class "J2" operators. c. Class "J3" operators. All operators licensed to sell or selling three point two (3.2) percent beer for consumption both on and off the premises of the licensee shall be Class "J3" operators. (7) Class "T" operators. All operators selling ALCOHOL BEVERAGES malt, vinous or spirituous liquors, by the drink, only for consumption on the premises; and such operators shall have available for consumption on the premises during business hours, sandwiches and light snacks; but they need not have meals available for consumption. Section 6. Section 11-64 is amended to read as follows: Sec. 11-64. - Amount of tax levied. There is hereby levied and assessed for each year an annual occupation tax upon the business of selling ALCOHOL BEVERAGES three point two (3.2) percent beer, malt, vinous or spirituous liquors, except medicinal liquors, in the city, as such occupation has been herein classified as follows: (1) For all Class "G" operators, nine hundred dollars ($900.00). (2) For all Class "F" operators, six hundred dollars ($600.00). (3) For all Class "D" operators, six hundred fifty dollars ($650.00). (4) For all Class "E" operators, six hundred dollars ($600.00). (5) For all Class "C" operators, nine hundred dollars ($900.00). (6) For all Class "J-1" operators, seven hundred dollars ($700.00). (7) For all Class "J-2" operators, seven hundred dollars ($700.00). (8) For all Class "J-3" operators, two thousand two hundred dollars ($2,200.00). (9) For all Class "T" operators, one thousand three hundred dollars ($1,300.00). Section 7. Section 17-27 is amended to read as follows: Sec. 17-27. – ALCOHOL Alcoholic beverages. (a) The storage, sale or consumption of any ALCOHOL BEVERAGE malt, vinous or spirituous liquors, as defined by the Colorado Liquor Code, is prohibited in any park, recreation area or recreation building within the city except as specifically provided herein or as may be authorized pursuant to a special event permit issued by the city in accordance with C.R.S., Aarticle 5 48, Ttitle 12 44. NOTWITHSTANDING THE FOREGOING, TThe consumption and/or storage of ANY fermented malt beverages is permitted in any park or recreation area within the city so long as, and only so long as, such fermented malt beverage has been purchased in a manner -8- authorized, and is being consumed by persons permitted, by applicable state law. It shall be unlawful to sell any fermented malt beverage within any park or recreation area within the city unless such sales are made pursuant to a special event permit granted by the city and unless such sales are made in accordance with the Colorado Beer Code. (b) Storage and consumption of fermented malt BEVERAGE and vinous liquor is permitted at the Wheat Ridge Senior/Community Center, the Wheat Ridge Recreation Center and the Richards-Hart Estate in conjunction with an event sanctioned and authorized by the director; and provided further that such alcoholic beverages are neither sold to, served to, or consumed by any person not authorized by the Colorado Liquor Code or the Code of Laws of the City of Wheat Ridge to possess or consume such alcoholic beverages. The director is hereby authorized to establish rules for serving and consumption of alcoholic beverages at the Richards-Hart Estate, the Wheat Ridge Senior/Community Center, and the Wheat Ridge Recreation Center. Section 8. The revisions described in Exhibit A, attached hereto and incorporated herein by this reference, shall be included in the codification of the Wheat Ridge Code of Laws in order to conform various cross-references to the Colorado Revised Statutes and to delete obsolete provisions. Section 9. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 10. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. -9- INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this ____ day of ____________, 2019, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for ____________________, 2019 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2019. SIGNED by the Mayor on this _____ day of ____________, 2019. ATTEST: Bud Starker, Mayor Janelle Shaver, City Clerk Approved as to Form: Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us -10- EXHIBIT A to Wheat Ridge City Council Ordinance No. _______, Series 2019, Amending Sections 11-51, 1-52, 11-53, 11-56, 11-63, 11-64 and 17-27 of the Wheat Ridge Code of Laws Concerning the Licensing and Use of Alcohol Beverages and Making Additional Housekeeping Revisions to said Code Updating Statutory Citations to Conform to Recent Legislative Changes In addition to the revisions/updates to the Wheat Ridge Liquor code in Sections 11-51, 11-52, 11-53,11-56, 11-63, 11-64 and 17-27, the following code sections will be updated as follows: Sections Current reference Revised to Read 3-20(b) Title 12, Article 46 or Article 47 Title 44, Article 4 or Article 3 9-22. Definitions Bar Article 47 of Title 12 Articles 3 and 4 of Title 44 11-52.5(a), (f) and (h) articles 46, 47 and 48 of Title 12 Articles 3, 4 and 5 of Title 44 11-250. Definitions Alcohol beverage §§12-46-103 and 12-47-103 §§44-4-103 and 44-3-103 11-290(7) Article XVIII Section 14 of the Colorado Constitution Article XVIII Section 14 of the Colorado Constitution and C.R.S. §44-11-301 et seq. (concerning municipal authority to license and regulate medical marijuana) 11-291. Definitions Colorado Medical Marijuana Code Licensee Medical marijuana center Medical marijuana testing facility Medical marijuana-infused product manufacturer Optional premises cultivation operation C.R.S., tit. 12, art.43.3 §12-43.3-402 §12-43.3-402 §12-43.3-405 and 408(1)(a) §12-43.3-404 §12-43.3-403 C.R.S., Title 44. Article 11 §44-11-402 §44-11-402 §44-11-405 and 408(1)(a) §44-11-404 §44-11-403 11-298(b) §12-43.3-302 §44-11-302 11-400(f) §12-43.4-101 et seq. §44-12-101 et seq. -11- 11-401. Definitions Colorado Medical Marijuana Code Colorado Retail Marijuana Code Licensee Medical marijuana center Medical marijuana testing facility Medical marijuana-infused product manufacturer Optional premises cultivation operation Retail marijuana cultivation facility Retail marijuana products manufacturer Retail marijuana store Retail marijuana testing facility State licensing authority Article 43.3 of Title 12 of the Colorado Revised Statutes Article 43.4 of Title 12 of the Colorado Revised Statutes §12-43.4-401 §12-43.3-402 §12-43.3-405 and 408(1)(a) §12-43.3-404 §12-43.3-403 §12-43.4-403 §12-43.4-404 §12-43.4-402 §12-43.4-405 and §12-43.3-408(1)(a) §12-43.4-201 C.R.S., Title 44. Article 11 C.R.S., Title 44, Article 12 §44-12-402 §44-11-402 §44-11-405 and 408(1)(a) §44-11-404 §44-11-403 §44-12-403 §44-12-404 §44-12-402 §44-12-405 and §44-11-408(1)(a) §44-12-201 11-408(b) §12-43.4-412 §44-12-302 15-34. Definitions Proscribed act(s) –(2) --(9) --(10) --(11) gambling on premises, C.R.S. § 18-10- 102(7) §§12-46-101 and 12-47-101 §12-25.5-101 et seq. A violation of any provision of the Colorado Massage Parlor Code, C.R.S. § 12-48.5-101, et seq. gambling, C.R.S. § 18-10-102(2) §§44-4-101 and 44-3-101 §29-11.8-101 et seq. [DELETE – Massage Parlor Code has been repealed.] 16-127(h)(1) Article 46, 47 or 48 of Title 12 Article 3, 4 or 5 of Title 44 16-177(a)(4)a. and (d) Article 46, 47 or 48 of Title 12 Article 3, 4 or 5 of Title 44 16-227(a)(5) “WARNING” “AND ARTICLE 48.5 OF TITLE 12, COLORADO REVISED STATUTES” [DELETE as Colo. Massage Code has been repealed.] 16-235(2) C.R.S.Title 12, Article 59 C.R.S. Title 23, Article 64 17-42 Article 48, title 12 Article 5, Title 44 ITEM NO: DATE: March 11, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 15-2019 – A RESOLUTION AMENDING THE FISCAL YEAR 2019 PUBLIC ART FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $18,500 AND APPROVING PAYMENT TO NANCY LOVENDAHL IN THE AMOUNT OF $79,500 WITH A $4,000 CONTINGENCY FOR THE PURCHASE OF “SWEET GRASS DANCE,” A STONE SCULPTURE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: The design for the renovation of Anderson Park located at 44th and Field Street includes a public art project. The process for selecting public art is defined in the Public Art Management Plan. Per this process, a stone sculpture entitled “Sweet Grace Dance” by artist Nancy Lovendahl has been commissioned. Lovendahl’s proposal was selected by an appointed committee for recommendation to the Cultural Commission. The Commission then makes a recommendation to City Council for acceptance and purchase. The purchase price of $79,500 with a $4,000 contingency includes the sculpture, installation and documentation. PRIOR ACTION: The Cultural Commission recommended purchase of the sculpture on February 13, 2019. City Council adopted the Public Art Management Plan July 22, 2002. Council Action Form – Anderson Park Public Art Acquisition March 11, 2019 Page 2 FINANCIAL IMPACT: The cost for this acquisition is $79,500 plus a $4,000 contingency, for unanticipated issues, for a total of $83,500. The funds for this purchase are appropriated in the Public Art Fund in the amount off $65,000. The total supplemental budget appropriation required for the project is $18,500 which are available in Public Art Fund reserves. BACKGROUND: As part of the public art program staff recommended the acquisition of a public art piece be included in the renovation project for Anderson Park. The policies and procedures for this selection are based on the Public Art Management Plan adopted by the Wheat Ridge City Council. RECOMMENDATIONS: The Cultural Commission recommends approval of the purchase of this sculpture for placement at Anderson Park. RECOMMENDED MOTION: “I move to approve Resolution 15-2019, a resolution amending the fiscal year 2019 Public Art Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $18,500 and approving payment to Nancy Lovendahl in the amount of $79,500 with a $4,000 contingency for the purchase of “Sweet Grass Dance,” a stone sculpture.” Or, “I move to postpone Resolution No. 15-2019, a resolution amending the fiscal year 2019 Public Art Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $18,500 and approving payment to Nancy Lovendahl in the amount of $79,500 with a $4,000 contingency for the purchase of “Sweet Grass Dance,” a stone sculpture for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 15-2019 2. Lovendahl Proposal CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 15 Series of 2019 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2019 PUBLIC ART FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $18,500 AND APPROVING PAYMENT TO NANCY LOVENDAHL IN THE AMOUNT OF $79,500 WITH A $4,000 CONTINGENCY FOR THE PURCHASE OF “SWEET GRASS DANCE,” A STONE SCULPTURE WHEREAS, the design for the renovation of Anderson Park includes a public art project; and WHEREAS, through the Public Art Management Plan process, an appointed committee selected and the Wheat Ridge Cultural Commission recommended a stone sculpture entitled “Sweet Grace Dance” for Anderson Park; and WHEREAS, the total project budget is $83,500 and the 2019 Public Art Fund budget authorizes expenditures in the total amount of $65,000; and WHEREAS, approval of this Resolution amends the 2019 Public Art Fund budget to appropriate and additional $18,500 for Anderson Park public art acquisition “SWEET GRASS DANCE”; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The City of Wheat Ridge Public Art Fund budget be amended to recognize an increased appropriation of $18,500 from Public Art Fund reserves to account #12-601-800-809 and amend revenues accordingly. DONE AND RESOLVED this 11th day of March 2019. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk ATTACHMENT 1 CITY OF WHEAT RIDGE ANDERSON PARK PUBLIC ART PROPOSAL "SWEET GRASS DANCE" BY NANCY LOVENDAHL JANUARY 2019 ATTACHMENT 2 THE CONCEPTS THAT INSPIRED ME : “Life is Sweet in Wheat Ridge”. This PR campaign impressed me when I read it online, as an inside look at how residents feel about their hometown & lives. -The graceful tree trunk forms of the mature trees in the park. -REPEATING, seemingly random patterns of wild grasses. -Native grasses with dew drops on them. -A sense of WILDNESS along the creek as contrast to the reﬁned park environment. -A welcoming GATEWAY or THRESHOLD approaching the new pavilion, providing a memorable unique EXPERIENCE for all who pass. -The mood of a FESTIVAL PARK reminding us that THE CELEBRATION STARTS HERE! MY DESIGN SOLUTIONS: ARTWORK TITLE: SWEET GRASS DANCE: An experiential story about Anderson Park. -My art is abstract yet translates ideas & stories for viewers to conceptualize our real world in new ways. Site Location —I propose eight repeating forms made of LIMESTONE which show up brightly in the landscape & are visual metaphor to the criss- crossing native grasses, seen in unexpected scale. 4’- 11’ H x 29’ W x 19’ D; @500#-1200#wt ea A simulated view from the bike path looking NE -Whimsical, abstract DOT PATTERNS are on one face of each limestone “blade of grass” to recall morning dew drops. Examples of dots are on the stone sample, drawn on ea model piece & on the sidewalk in green. Seen here is an example of how the dots will look on the ﬁnished stones. -A gateway is seen from a distance by placing the limestone “blades of grass” layered together to form ARCHES. A simulated view looking N from the walkway to the creek. -A welcoming threshold TO PASS THROUGH is made of repeating circular patterns & color as seen in the shape of the colored crusher ﬁnes under the sculpture and the dew drop themed dot pattern carried onto the concrete walkways. Color can be coordinated to harmonize with the architecture of the new pavilion or various surrounding elements. The model is an enlarged site plan with my design drawn on top. Black site notations are seen beneath. Key: N is the parking lot, S is the creek, SE is the pavilion, NW is playground -The trees captivate our looking up along this path, so I took another approach. My solution creates a reason to look down & around, creating a surrounding experience as we walk through. Add'l grass blade to be installed here -We intuitively relate to the site’s NATURAL ENVIRONMENT though our own human nature. I propose artwork made of natural stone to add to this grounding experience. -Native limestone is 100% fossilized material with fossils visible. The origin of this limestone is water = a link to the creek. -A meaningful, INTERACTIVE experience is achieved through a VARIETY OF CARVED TEXTURES & FORMS TO EXPLORE = touching the art; feeling coolness; ﬁnding fossils in stone; moving inside & out of abstract shapes larger than we are; seeing the site changes throughout the day and seasons. A simulated view from the parking lot looking S. -WHIMSY and LIGHT-HEARTEDNESS are intentionally used within my design to invite varied layers of discovering that “the festival starts here!” -I’ll carve the plaque words onto the sculpture itself as illustrated in the stye of lettering seen here. -My goal is to create a unique, welcoming opportunity to experience this natural, festival environment. Making the Sculpture and Engineering It for Installation: I use the highest quality epoxy & stainless steel to anchor these sculptures, as engineered for maximum safety. SITE PREPARATION FOR INSTALLATION: Concrete Footers and Crusher Fines Placement The sculptures seen here are much heavier than what I’m proposing for Anderson Park. Less heavy duty equipment will be required to be used allowing for minimal site impact. The Power of Limits, 2016 seen at Western Co Univ is an example of the crusher ﬁnes environment under limestone sculptures. This same method & color combination is what I propose for Anderson Park. BUDGET PROPOSAL Wheat Ridge ANDERSON PARK 2019 LIMESTONEAdditional Grass Blade $5,800.00$3,500.00 FABRICATION $31,195.00 Stencils/Pre-Cutting $10,750.00 Carving & Surface Finishing $17,000.00 Drilling/Install Pins $2,445.00 Tools $1,000.00 TRUCKING & Moving $5,550.00 1 KS & Art Delivery $4,200.00 Crate & Load Art $1,350.00 INSTALLATION $17,030.00 Site Prep & Art Set $13,284.00 Add’l Labor $ 1,625.00 Materials/Sealers $ 1,881.00 Anti-grafitti finish $240.00 SHOP EXPENSES $3,575.00 Gas/Travel $ 1,125.00 Food $ 600.00 Studio Rent $1,850.00 ENGINEERING $500.00 INSURANCE $350.00 CONTINGENCY $4,000.00 DESIGN FEE $12,000.00 Sub Total $83,500.00 TOTAL $83,500.00 1 TIME LINE 2019: Fast Track March/April Execute Public Art Agreement April Design Development Finalize Design & Materials Finalize Engineering Order Stone from Quarry May Prep Stone & Make Design Templates Pre-cut Blocks Begin Hand Carving Process Dig Footers - Before Park Re-opens Lay Crusher Fines & Metal Edging *Meet The Artist visit to create an “Adopt a Sculpture” Club & Geologic Club *: I would invite club members to come, watch & understand my art process as training to give Art Talks & Rock Talks to the public. This program expands visitor engagement & increases community pride & art ownership.*. = BEST ANTI-GRAFFITI IDEA June Complete Carving & Sandblasting Processes Carve Plaque Onto A Visible Stone Face Begin Crating & Packing July Deliver Sculpture to Site Install All Artwork Apply: Anti-grafﬁti Finish and Graphic Dots on walkway w/ Club members* July/August Celebrate!!! PRELIMINARY MAINTENANCE RECOMMENDATIONS: 1. The beauty of limestone is that it requires no maintenance. It can sustain any kind of touching, sitting on, weather or sun exposure, without fading or changes to its ﬁnish for many years. Limestone likes to breath and doesn’t need sealing, re-painting or touching up. (Unfortunately, environmental air and water born acids are taking a toll on limestone churches with the effect of softening the details to the ﬁgurative and ﬁligreed architectural details. This would be the case for this sculpture, too.) If it looks dirty, a low-pressure power wash is all that is needed. Soap & water removes most dirt or spills. 2. If someone vandalizes the sculpture & breaks a section off, this can be re-carved and repaired on site with electric tools. Pieces can also be pinned and replaced, if desired. 3.Anti-grafﬁti Solutions: Historic limestone buildings the country over are stimulating a robust new market addressing protection & preservation of the stonework. Its a competitive market with new, effective products. However, there is some controversy regarding these: After research, many agencies decide NOT to apply anti- grafﬁti sealers as they have a very narrow effectivity time and range to fully remove graﬁtti. If they don’t work, chemical solutions remove all ﬁnishes anyway. “So why add the cost?” ..this is the logic. Does the park have a history getting graﬁtti’d? If not, these may work better: A-Limestone doesn’t like to be sealed… yet easily withstands solvents applied directly to remove paint, etc. (Sealers need to be re-applied after solvents). B-Sandblasting to remover grafﬁti on-site is another option. C-Cameras, either live or not, can serve as a strong deterrent. D-I understand that the park is coating the entire new pavilion and walkways with Prosoco, Inc: Weather Seal Blok-Guard & Graﬁtti Control. It makes sense to use the same product on the sculpture and surrounding walkways, as well. Any overlap saving a step with the acid stain sealants using the Prosoco instead will be sought to save costs. 4. The acid stains proposed for the walkways (seen on the model as green dots), chemically bond to the concrete, are permanent & will not fade. A sealer is recommended- just as a sealer is recommended for the concrete. PROCESS FOR APPLICATION: 1. Strip the sealer off of the concrete walkway sections which will have dots on them. I am using 2 products: First is Dayton Superior J48 Citrus Stripper and second is Brickform E-etch to further open the surface for the acid stain to bond well to the concrete walkway. Both are environmentally friendly. 2. Acid Stain the circular dot pattern onto the concrete. The product I am recommending to use is Concrete Solutions Acid Stain. The process for this application is to draw a pencil circle from dot to dot using a stencil and then masking each dot off with frog tape. Using foam brushes, painting on the stain inside the circles in 2 coats. This stain is then neutralized with ammonia & water for a stable color which actually chemically bonds with the concrete. Again, environmentally low impact. POSSIBLE COLOR: EARTHY ORANGE. 3. We then seal the sidewalk sections with the pattern on. The material I am using is another Dayton Superior product, J29 Sealer in satin ﬁnish. This sealer needs to be re-applied @every 2 years and is low priced at $210/5 gallon bucket which can last for a second round of protection 2 years later. PROSOCO may be a similar option eliminating the need for J29. Possible Design Modiﬁcations: -The crusher ﬁnes can be a different color -The walkway dots can be extended on the walkways to become "direction ﬁnders” to the pavilion, conserving signage needs for a small additional fee -The walkway dots can be a different color: EARTHY ORANGE -Add an additional small stone “blade of grass” in the “V” of the intersection (@$3500) -I welcome your input. Thank you for reviewing my proposal. Nancy Lovendahl 258 Haystack Lane Old Snowmass, CO 970-948-1313 nancylov@sopris.net; http://nancylovendahl.com NANCY LOVENDAHL Brief Synopsis Originally from Chicago, Lovendahl moved west after studying ceramics at The University of Illinois - Champaign/Urbana. Her artwork can be found in private & public collections and museums such as The Smithsonian Institution in Wash., DC and the historic Keramikmuseum outside Koblenz, Germany. She has won numerous monumental Art in Public Places awards nationally in cities such as Dallas and Denver. Nancy teaches and lectures in institutions such as The Central Academy of Fine Art in Beijing, China and Anderson Ranch Arts Center in Snowmass Village, CO. She exhibits nationally and internationally with recent exhibitions at The Red Gate Gallery Residency in Beijing, The American Embassy in Belize and The National Gallery in Tbilissi, Georgia. Nancy lives in Old Snowmass, CO with husband, jewelry designer Scott Keating, their dog and cat. She works in studios in Old Snowmass and Denver, CO. Artist Quote: "My recent work is about my experiences being a woman in this culture at this time. Gender, race and power are at the center of these investigations." ART AWARDS: 2018 Private Commission, The Welcoming Committee, Snowmass Village, CO 2016 Art In Public Places (AIPP), The Power of Limits, Western Sate Colorado University, Gunnison, CO 2015 AIPP, Home Starts Here, Aspen-Pitkin Housing, Inc., Aspen, CO 2014 AIPP, Flowmotion, Texas Tech University-Lubbock, Exercise & Sports Sciences Bldg. 2011-12 Private Commission, The Gathering, Rural Gunnison County, CO 2012 AIPP, Margaret Carpenter Rec Cntr, City of Thornton, CO 2007AIPP, Our Place, Our Refuge, Snowmass Village Community Park, Town of Snowmass Village, CO 2002 AIPP, Colo. Law Enforcement Memorial, Golden, CO, Colorado Council for the Arts 1998 AIPP, The Elements, Cuernavaca Park, Mayor?s Office of Art, Culture & Film, Denver, CO- 4 sites 1997 AIPP, "Backbone of Our Community", DART (Dallas Area Rapid Transit), Morrell Station in Oak Cliff, Dallas, Texas 1996Private Commission, THE GATES at "The Cliffs at Castle Pines", Castle Pines, Co.; Myer's Metals, Basalt, Co.- Fabricator Picasso's Gate, Cheyenne, Wy.- Computerized system 1993 AIPP, Lund and Kelly Memorial Bench Competition, Aspen Art Museum, Colo. 1992 Corporate Commission, Kaiser Permanente Medical Centers, Denver, CO Phillips Petroleum Corporation, Denver, CO Wm Walters Construction Corp., Denver, CO 1990 Corporate Commission, Fagadau Energy Corporation, Dallas, TX 1989 Corporate Commission, Midland Bank Corporation, Loveland, CO 1988 Corporate Commission, National Bank of Commerce, Houston, TX Mountain Bell, Denver, CO Snyder Oil Company, Denver, CO K-Tel Petroleum Company, Denver, CO Northwestern Mutual Life, Denver, CO OTHER AWARDS: 2015 ARTIST IN RESIDENCE FELLOWSHIP, The Ucross Foundation, Clearmont, WY (1 month) 2013 BEST EXHIBITION WINNER, Catalyst Exhibition - Denver Botanic Gardens, Westword Publication, Denver, CO ARTIST RESIDENCY, The Wilderness Workshop Artists-in-Wilderness Program, Carbondale, CO 2009 ARTIST IN RESIDENCE, The Red Gate Residency Program, Beijing, China (2 Month) 2007 PURCHASE AWARD, The United States Art in Embassy Program, The American Embassy, Belmopan, Belize; 4 Permanent Installations 1998 BEST NEW PUBLIC ART, "Best of Denver"- Westword, Denver, CO National Commission Winner, Cuernavaca Park, City of Denver, Co.-Commissioned by the Mayor's Office of Art, Culture & Film (AIPP) 1994 SCHOLARSHIP, Anderson Ranch Arts Center, Snowmass Village, Co 1985 ARTIST IN RESIDENCE FELLOWSHIP, Colorado Council for the Arts HONORABLE MENTION Award & Permanent Collection Aquisition, Looking At Earth Exhibition, National Air & Space Museum, Smithsonian Institution, Wash., D.C. 1984 EDUCATION FELLOWSHIP, Colorado Council For The Arts CERTIFICATE OF MERIT, Ninth Biennale International de Ceramique D'Art, Vallauris, France- Catalog EXHIBITIONS: Solo Shows: 2020 SCALE & PERCEPTION, The Colorado Springs Fine Art Center, Joy Armstrong, Curator 2017 RECLAMATION SUITE, William Havu Gallery, Denver, CO Lovendahl Recent Acquisitions, Keramikmuseum, Westerwald, Germany 2014 INTERCESSIONS, William Havu Gallery, Denver, CO WHAT IS HERE? WHAT IS THERE? The USA & CHINA; The Wyly Art Center, Basalt, CO 2012 NANCY LOVENDAHL USA, Keramikmuseum, Westerwald, Germany 2010 ROENTGEN MUSEUM EXHIBITION, Neuwied, Germany 2009 THE RED GATE GALLERY RESIDENT'S EXHIBITION, Shangri La Studios, Fei Jia Cun, Beijing, China- November THE RED GATE GALLERY RESIDENT'S EXHIBITION, Shangri la Studios, Fei Jia Cun, Beijing, China- October 2008 SELECTED WORKS, Sandy Carson Gallery, Denver, CO - Catalog 2004 INTEGRAL NATURE, Sandy Carson Gallery, Denver, CO 2002 AN OASIS OF WONDER, The Aspen Institute, Adelson Gallery, Aspen, CO AN OASIS OF WONDER II, Colorado Mountain College Center For Excellence In The Arts Gallery, Glenwood Springs, CO 2001 BREATH OF SPRING, Carson Masuoka Gallery, Denver, CO 1997 THE ART OF DANCE, Colorado Mtn. College, Glenwood Spgs., CO 1993 NANCY LOVENDAHL, Sandy Carson Gallery, Denver, CO NANCY LOVENDAHL, Barney Wyckoff Gallery, Aspen, CO 1992 Barney Wyckoff Gallery, Aspen, CO Virginia Miller Gallery, Miami, Fla. 1985 NANCY LOVENDAHL, Carson Sapiro Gallery, Denver, CO 1984 NANCY LOVENDAHL, Loewenstern Gallery, Houston, TX 1981 NANCY LOVENDAHL, Boulder Public Library, Boulder, CO **********Group Exhibitions: 2017 THE EVOCATIVE GARDEN, NCECA Annual Exhibition, Disjecta Contemporary Art Center, Portland, ART A'ROUND TOWN, The Carbondale Public Art Commission, Carbondale, CO 2016 COLORADO WOMEN IN ABSTRACTION, Metro State University Gallery for the Visual Arts, Denver, CO; 2015- 2016 The Lawrence Council for the Arts Outdoor Sculpture Show, Lawrence, KS 2014 BEING, Anderson Ranch Arts Center, Snowmass Village, CO- Two person show 2014- 2018 UNBOUND - Sculpture in the Field, The Arvada Center for the Art & Humanities, CO 2013-4 CATALYST- Colorado Sculpture, The Denver Botanic Garden, Denver, CO - Bi Annual Outdoor Sculpture Exhibition - Invitational/Catalog 2013 Western, Not Western, Wm Havu Gallery, Denver, CO The Sculpture Show - 3; Carbondale Council on The Arts & Humanities, CO 2012 TransXpress Postcard Show, Trans Siberian Railway; Curated by Red Gate Gallery Curators, Beijing, China & USA; Crystal Ruth Bell PIROSMANI IV, The National Gallery, Tbilissi, Georgia; Organized by The German-Georgian Society & The German Embassy Crossing the Line- Drawings by Sculptor's, Czurles-Nelson Gallery, Buffalo State College, Buffalo, NY Summer Show, Quintenz & Co Fine Art, Aspen, CO Art A'round Town, Outdoor Sculpture Annual, City of Carbondale, Carbondale, CO 2011 America Now and Here, Aspen Art Museum, Aspen, CO Women's Work- SWAN Support Women Artists Now, Carbondale Council for the Arts & Humanities, CO Ceramics from Anderson Ranch, Plinth Gallery, Denver, CO 2010 Sculpture Annual, Carbondale Council for The Arts & Humanities, CO 9th STUDIO BIENNIAL, Atelier Munsteiner, Stiphausen, Germany 2009 Decaliscious, Carbondale Clay Center, Carbondale, CO 2008 Contemporary Collage, Anderson Ranch Arts Center, Snowmass Vill., CO Parellel, The Red Brick Arts Center, Aspen, CO Extending Clay Boundaries, The Aspen Chapel Gallery, Aspen, Co 2007 WOMEN TOUCH: CERAMICS, AIR Gallery, New York, NY; Curated by Ron Kuchta and Sylvia Netzer, sponsored in collaboration with Loveed Fine Art, NY 2006 EX OVO OMNIA, From The Egg, Everything; Sandy Carson Gallery, Denver, CO- Two person show Women in Ceramics, Anderson Ranch Arts Center, Snowmass Village, CO Contemporary Clay, Western Colo. Center for the Arts, Grand Junction, CO ORGANICS - The Red Brick Arts Center, Aspen, CO- Two person show The Nature of Things and Things in Nature, Arts Student's League, Denver, CO 2005 New Introductions, The Basalt Gallery, Basalt, CO DRAWINGS INTO SCULPTURE, Montgomery Center for the Arts, Skillman, NJ TEXAS NATIONAL, Stephen Austin State Univ, Nacogdoches, TX, Curated by James Surls- Catalog 2004 Arts Student's League, Denver, CO 2003 Sculptural Object & Functional Art Expo (SOFA), Javitts Center, NYC, NY, also .... 2001, 1999, 1998 ISC@GFS, International Sculpture Center First Annual Member's Juried Exhibition, The Grounds For Sculpture, Hamilton, NJ Ceramics Biennial, Denver International Airport, Denver, CO 2002 Aspen Biennial, Aspen Art Museum, Aspen, CO, Curated; Dean Sobel 2001 LIFE AS COLLABORATION, MC Ginsberg Gallery, Iowa City, IA2000 COLLECTING: Passion and Perspective of Jodi Carson, Carson Gallery, Denver, CO POINT OF BALANCE 2000, Castle Creek Gallery, Aspen, CO - Catalog 1996 Non-Bored Artists, Anderson Ranch, Snowmass Village, CO 1995 ART & POLITICS, DIN Deutsches Institut fur Normung e. V., Berlin, Germany - Catalog ART & POLITICS, Obere Galerie, Berlin, Germany -CatalogNine Aspen Artists, Exhibition and Book Publishing Premiere, Barney Wyckoff Gallery, Aspen, CO 1994 No Town An Island, Rocky Mtn. College of Art & Design, Denver, CO Weil Memorial Commission Sculpture Installation, Carbondale, CO 1993 No Town An Island, Fuel Gallery, Seattle, WA & Univ. of Michigan, Ann Arbor, MI Colorado Sculpture: The Object, Arvada Cntr for the Arts & Humanities, Arvada, CO 1992 Roaring Fork Annual, Aspen Art Museum, Curated- Michael Crane -Gallery Director, Univ. of Colorado Fine Arts Gallery-Boulder,CO No Town An Island, Anderson Ranch Arts Center, Snowmass, CO 1991 Four Women And A Guy Named Lory, Barney Wyckoff Gallery, Aspen, CO NANCY LOVENDAHL PORTFOLIO 1989 Sculpture Garden in the Aspen Art Park, Aspen, CO: Invitational LOVENDAHL & McKINNEY, Anderson Ranch Arts Center, Snowmass Village, CO- Two person 1988 Winter Residents, Anderson Ranch Arts Center, Snowmass Vill., CO 1987 Kaiser Permanente Inaugural Collection, Boulder Center for the Visual Arts, Boulder, CO: Catalog Elements Gallery, New York, NY 1986 The New West, Colorado Springs Fine Arts Center, Colo. Sprgs., CO: Chas. Guerin, Curator, Catalog Colorado Clay, Foothills Art Center, Golden, CO Looking At Earth, National Air and Space Museum, Smithsonian Institution, Wash.,D.C. -Permanent Collection and Inaugural Exhibition Catalog 1985 Clay: Beyond Function, Arapahoe Community College, Denver,CO 1985 Colorado and The Univ. of Colo., Colorado Sprgs., CO Esther Saks Gallery, Chicago, ILL 1984 Ninth Biennale International de Ceramique D'art, Vallauris, France: Catalog Colorado Women Who Create Art, Foothills Art Center, Golden, CO: Catalog LAYERS & TEXTURES, Unicorn Gallery, Aspen, CO 1983 Colorado '83, Colorado Springs Fine Arts Center, Colo.Sprgs., CO: Catalog Colorado Biennial, Denver Art Museum: Traveled 1 year to Sangre De Cristo Arts Center, Pueblo; Western Co. Arts Center, Grand Junction; Colorado State University, Fort Collins; and the University of Colorado, Colorado Springs, CO (Site-specific installation created in each museum): Catalog 1982 Forgotten Dimension, Aspen Art Museum, Aspen, CO: Invitational COLLECTIONS: Public & Private The Kirkland Museum, Denver, CO The Colorado Springs Fine Art Center, CO The National Gallery, Tbilissi, Georgia The Keramikmuseum, Westerwald, Germany The American Embassy, Belmopan, Belize The Smithsonian Institution, Nat'l Air and Space Museum, Wash., D.C. The Aspen Art Museum Sculpture Garden, Co Cicero Recording Studio, New York, New York Frannie Dittmer, Aspen, CO Suzanne Farver, Aspen, CO Laura Donnelley, Los Angeles, CA & Old Snowmass, CO Ann & Ed Hudson, Fort Worth, TX & Aspen, CO Paul and Charlotte Kanavos, New York, NY Barbara and Sid Dickstein, Esq., Wash., D.C. & Snowmass Village, CO Henry and Lana Trettin, Los Angeles, California Linda and Denny Vaughn, Aspen, CO & Los Angeles, CA Karen and Robert Duncan, Lincoln, Nebraska Wm. Williams, Dorado Beach Club, Puerto Rico Lanny & Judy Gertler, Santa Monica, CA REPRESENTATION: William Havu Gallery, Denver, CO nancy lovendahl Scott Keating Design, Basalt, CO EDUCATION:1972-73 University of Ill., Champaign-Urbana, IL 1973-75 Colorado Mountain College, Glenwood Springs, CO 1980-82 Loretto Heights College, Denver, CO, BA PUBLICATIONS 2018 Nancy's Place, Andrew Travers, Aspen Times Weekly, May 10 ed., pg. 13 2016 "Nature Studies", LUXE Magazine, pg 264-269 2014 Unbound -Art in the Field, Michael Paglia, Westword, July 16 ed.Art in the Field 2013 Arts District - Catalyst: The Denver Botanic GardensArts District- CatalystWestword, Michael Paglia, Ed; Sculpture takes center stage at the Botanic GardensCatalyst dbgWestword, Michael Paglia, Ed; Western Not Western Upends Expectations at Havu GalleryWestern not western 2012New Ceramics - The European Ceramics Magazine; page 18 in the Profiles Section; nancy lovendahlMYARTLOOK.com Mike McClung; nancy lovendahl sculpture " Art Built With... Love", by Stewart Ocksenhorn, The Aspen Times, March 1-7 ed., pg 21 Aspen Business Journal, "Pressing Art Into Prints: Lovendahl Joins Monothon at Anderson Ranch", March 2, 2012; anderson ranch 2009 Art Matters - 'Studio Visit with Nancy Lovendahl' , Grassroots TV, Produced by The Aspen Art Museum;Art Matters-'Studio Tour with Nancy Lovendahl' 2007 Colorado Report, Art In America, January Issue, pg. 82 Plum TV, Nancy Lovendahl, Mixed Media Sculpture video, Aspen Artbeat Series, Chris McDonald, Producer/Director 2006 EGGS & TREES, Book Essay, Arlene Raven, Art Historian, Professor and former Art Critic for The Village Voice, New York 2003 A Show With A Good Sense of Humor, NY Times Art Review of ISC@GFS-Hamilton,NJ; by Benjamin Genocchio, Sunday Ed., Aug. 10, 2003 An Oasis Of Wonder, Review by Laura Dixon, SCULPTURE MAGAZINE, April issue, Vol.22, #3, page 75 RE:Views, Mostly Under Glass at DIA, Critical Ceramics, by Mary Cey 2002 Art Takes Action, Meet the Artists Transforming Denver?s Central Platte Valley Denver Post - Sunday Lifestyles Section, July 28 issue by E. Jefferson 2000 Thine Art, Denver Awash in Public Murals, Sculpture, Denver Post- The Scene Section, Sept. 20 issue, by Wm. Porter Come On Inside, The Art Of Nancy Lovendahl, The Aspen Times, Aug. 26 issue, by Stewart Oksenhorn 1999 The Artists Registry.com, CCA & WESTAF (ongoing) Recent Commissions, Sculpture Magazine, February Issue 1998 Public Art IN REVIEW, US Public Art Installation Annual, Art In America Elements Of Style, Rocky Mtn. News, April 9 issue by Mary V. Chandler 1997 Nancy Lovendahl's Art Reconnecting With Nature, Essay by Ron Kuchta 1996 DART Art, More Than Icing On The Cake, by Gail Sachson, Dallas Post/Peoples Publication., Aug. 15 Edition, page 2B. Lovendahl's Sculpture Evokes Community, by Carrie Click, The Aspen Times, Aug. 17 Ed., pg. 10B. 1995 Lovendahl: Art & Politics, by Jane Wilson, Aspen Times, Oct.21, pg.3B. Nine Aspen Artists, Book Edited by Barbara Seidel, Published by Third Eye Press, San Francisco, Ca, pgs. 74- 86. (ISBN listed) 1994 Sticks and Stones, The Sculpture of Nancy Lovendahl, Written by N. Clegg, Aspen Mag., Mid- Summer Edition, pages 83-5 and 110. Women's Intuition, by Hart Hill, Westword Pub., May 19 Ed., pg. 60. 1993 Five Colorado Sculptors, by Terry Hart, Air Destinations Mag, United Airlines, Late Winter Ed. 1992 Artist Profile, Aspen Aces & Eights, Summer Arts Edition State of The Art, Aspen Times, September 26 Edition Studio Tour, Artspeak Publication, Albuquerque, NM, Dec. Edition 1991 Four Artists, Aspen Magazine, Summer Arts Edition 1990 Boston Globe, Review of the Aspen Art Park, Aspen Daily News, 8/12. Lovendahl Outdoor Installations, The Aspen Times, Oct.4 Edition 1989 Nancy Lovendahl, Reviewed; Aspen Times, Nov 2 Ed 1986 The New West Reviews: Denver Post and Rocky Mountain News, Jan. 16 Edition 1985 Clay: Beyond Function Reviews: Aspen Times Newspaper, October 10 Edition Rocky Mountain News, February 1 Week-end Edition 1984 American Craft Magazine, Aug/Sept. Issue Ceramics Monthly Magazine, September Issue 1983 An Interview With Nancy Lovendahl, Channel 12 TV, Produced by the Aspen Art Museum Colorado '83 Show Reviews, Rocky Mountain News and Denver Post, Dec. 16 Editions Colorado Biennial Reviews: Muse Publication, CCAH, Dec. Edition 1981 Nancy Lovendahl, Craft Range Magazine, Vol. 12, No. 4 PROFESSIONAL & PERSONAL HISTORY: 2018 Commissioner, Basalt Public Art Commission, CO (Founding Chair-'15-'17) National Council, Anderson Ranch Arts Center, Snowmass Village, CO ('18, '17, '16) Americans for the Arts - Public Art Network, Sculpture.org (since 2004) 2016 Member: Aspen Art Museum Contemporaries, Denver Art Museum Contemporaries 2009-Present Founder & Mentor, The Claudette Carter ARTmentors Program, the Art Base, Basalt, CO 2010-2012 Board of Trustees, Carbondale Clay Center, Carbondale, CO 2008-10 ARTISTA Teaching Artist, Anderson Ranch Arts Center, Snowmass Village, CO; Teaching in the Crylstal River Elementary School, 3rd grade and 4th grade visual literacy, Guggenheim Museum model. 2006 Artist Faculty, Anderson Ranch Arts Center, Sculpture Department Snowmass Village Art Advisory Committee Member Tomorrow's Voices Artist Mentor 2005 Program Consultant, Town of Snowmass Village Public Art Committee 2001 Guest Lecturer, University of Iowa-Iowa City, Dept. of Ceramics Guest Lecturer, Anderson Ranch Arts Center, Snowmass Village, Co 1999, '98, '97 Art Study/Retreat, 1 Mo, Ea; Punit Ashram, Junagadh, Gujarat, India 1997 Conference Participant, The Spirit of the 21st Century, Sponsored by United Nations- The University for Peace, Mt. Abu, Rajastan, India 1996-99 Board Of Trustees, Aspen Snowmass Council for the Arts 1995 Conference Panelist, Art & Politics Conference, Aspen Institute for Humanistic Studies- Berlin, Germany Cultural Liaison, City of Aspen /Japan Cultural Exchange, Katsuyama, Japan 1994 Conference Panelist, Art & Politics Conference, Aspen Institute for Humanistic Studies, Aspen, Co 1993 Guest Lecturer, Community Hospice "Grief and Loss", Aspen, Co Board Member, The Non-Bored, Anderson Ranch Arts Center (thro '97) 1992 Art Teacher & Mentor, A Grassroots Aspen Experience, Aspen, Co Guest Lecturer, Aspen Art Museum, Aspen, Co 1991 Art/Study Travel : Field Research to Indonesia 1989 Researcher for "Sculpey", a new sculpture material for Mattel to be compiled into a " How-to" book. 1988 Artist-in- Residence, Anderson Ranch Arts Center, Snowmass Village, Co Commissioned to experiment w/Colorcore (tm), Formica Corporation 1987 Juror, "Colorado Clay Exhibition", Foothills Art Center, Golden, Co 1985- 2004 Collaborator and Co-Owner: Scott Keating Design, a jewelry design and manufacturing firm, Aspen, Co 1984 Study/Travel to China and Oriental Asia 1982 Co-curator, "Architectural Craft" Exhibition, Aspen Art Museum, Co Teacher & Ceramics Dept. Head, Colorado Mountain College, Aspen Campus (through '84) 1981 Set Design, "Instincts" Performance, Produced by Zebra Productions, Performed at the Aspen Art Museum, Co 1979 Assistant Director to Philip Yenawine, Director, Aspen Center for The Visual Arts (currently named - The Aspen Art Museum) Curator, "Please Touch", An Exhibition as Tribute to Jean Eyemere, Sculptor & Founder of the Blind Outdoor Leisure Development Program (BOLD), Aspen Art Museum Exhibition Designer, "Cowboys and Indians"- Photographs of Douglas Kent Hall, Aspen Art Museum 1978 Director, The Roaring Fork Women In the Arts Festivals, Sponsored By Colo. Mountain College, Aspen, Co: 1978 & 1979 Writer, ARTifacts a monthly column about the arts; The Guide, Aspen/Snowmass Publications 1977 Study/Travel (Summer '76- Summer'77) Europe and Mid Nancy Lovendahl has applied being a creative person in many "straight" jobs over the last 25 years, but two stand out on the resume list. In 1979, as founding Assistant Director of The Aspen Center for the Visual Arts (now The Aspen Art Museum), she initiated administrative procedures from establishing the first mailing list to hiring the first gallery guard. "We set up the operating systems as we needed them, with me learning along the way." Director Philip Yenawine had Nancy assist in several exhibitions he organized, working on installations to training docents to conduct tours of the shows. Several exhibitions were curated by her as well, most notably PLEASE TOUCH, a tribute to blind sculptor Jean Eyemere, the founder of The Bold Program (a program for the blind participating in outdoor sports). The second stand out job began in 1985, when she and husband, jewelry designer Scott Keating, established a designer-brand jewelry and manufacturing company called Scott Keating Design (SKD), www.scottkeating.com. She originally served as financial partner, merchandiser overseeing the look of the brand, marketing and PR director, sales director often working as a bench jeweler as deadlines grew near! "The greatest challenge was making a creative product following trends, while staying unique in the designer jewelry marketplace. Many aspects of this process are the same as being a studio artist." Their company was licensed to a New York manufacturer in 2005, allowing Nancy to move into the creative end of the jewelry business rather than "all hands on deck" aspects of owning and running a company! Time between sculpture studio and jewelry workshop have finally found a fair balance, with Nancy working on special projects nationally now. "SKD has been a good fit for many years and provides me the business experience and financial base to move on in making art." © 2018 Nancy Lovendahl ITEM NO: DATE: March 11, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 16-2019 – A RESOLUTION IN SUPPORT OF HOUSE BILL 19-1009 CONCERNING SUPPORTS FOR PERSONS RECOVERING FROM SUBSTANCE USE DISORDERS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: House Bill 19-1009 is a bill designed to support individuals recovering from substance abuse addiction in Colorado communities through the regulation of substance abuse recovery residences and establishment of state funding and support services for housing assistance for qualified individuals. BACKGROUND: During the February 25, 2019 City Council meeting, Councilmember Urban presented an update to the regional opioid crisis, and consensus was reached to bring back a resolution in support of House Bill 19-1009 (the Bill). The Bill was introduced in the House on January 4, 2019 and assigned to the Committee on Public Health Care and Human Services. In its current form, the Bill would support recovery from substance abuse through three main avenues. First, it would focus on recovery residences in Colorado, which are homes that aim to promote sobriety and independent living for addicted individuals. These recovery residences would be required by January 1, 2020, to be: 1. Certified by the Colorado Associate of Recovery Residents or its successor organization; Council Action Form – Resolution in Support of HB 19-1009 March 11, 2019 Page 2 2. Chartered by Oxford House or its successor organization; or 3. Operating as recovery residence in Colorado for 30 or more years Second, the legislation expands the housing voucher program currently within the Department of Local Affairs (DOLA) to include individuals with a substance use disorder and appropriates funds. Finally, the Bill would create the Opioid Crisis Recovery Funds Advisory Committee to advise and collaborate with the Department of Law regarding money the state receives as settlement or damage awards resulting from opioid-related litigation. The Colorado Municipal League supports the bill as it is currently written. The Bill has passed 8 to 3 on first reading. As the bill moves forward, the language may change as it proceeds through the legislative process, which may result in different expectations and goals. If the Bill changes to the point where it no longer aligns with City Council’s intent, the resolution may be amended or rescinded. PRIOR ACTION: N/A FINANCIAL IMPACT: There is no direct fiscal impact in supporting or opposing House Bill 19-1009. RECOMMENDATIONS: None RECOMMENDED MOTION: “I move to approve Resolution No. 16-2019, a resolution in support of House Bill 19-1009 concerning supports for persons recovering from substance use disorders.” Or, “I move to table indefinitely Resolution No. 16-2019, a resolution in support of House Bill 19- 1009 concerning supports for persons recovering from substance use disorders, for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 16-2019 2. Draft language for House Bill 19-1009 3. Amended language for House Bill 19-1009 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 16 Series of 2019 TITLE: A RESOLUTION IN SUPPORT OF HOUSE BILL 19-1009 CONCERNING SUPPORTS FOR PERSONS RECOVERING FROM SUBSTANCE USE DISORDERS WHEREAS, public health and safety are essential to the citizens of the City of Wheat Ridge; and WHEREAS, Wheat Ridge and the Jefferson County area are experiencing a rise in opioid-related substance abuse; and WHEREAS, recovery residences aim to promote sobriety and independent living for addicted individuals; and WHEREAS, the passage of House Bill 19-1009 (the “Bill”) would require recovery residences operating in Colorado to meet requirements set forth within the Bill, WHEREAS, the Bill expands the housing voucher program currently within the Department of Local Affairs (DOLA) to include individuals with a substance use disorder and appropriates funds; and WHEREAS, the passage of the Bill would create the Opioid Crisis Recovery Funds Advisory Committee to advise and collaborate with the Department of Law regarding money the state receives as settlement or damage awards resulting from opioid-related litigation. NOW, THEREFORE, BE IT RESOLVED by the City of Wheat Ridge City Council, that: The City of Wheat Ridge supports House Bill 19-1009. DONE AND RESOLVED this _____ day of ____________, 2019. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk ATTACHMENT 1 First Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCED LLS NO. 19-0227.02 Yelana Love x2295 HOUSE BILL 19-1009 House Committees Senate Committees Public Health Care & Human Services Appropriations A BILL FOR AN ACT CONCERNING SUPPORTS FOR PERSONS RECOVERING FROM SUBSTANCE101 USE DISORDERS, AND, IN CONNECTION THEREWITH, EXPANDING102 A PROGRAM IN THE DEPARTMENT OF LOCAL AFFAIRS THAT103 PROVIDES VOUCHERS FOR HOUSING ASSISTANCE TO CERTAIN104 INDIVIDUALS, REQUIRING EACH RECOVERY RESIDENCE105 OPERATING IN COLORADO TO BE LICENSED BY THE106 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, AND107 CREATING THE OPIOID CRISIS RECOVERY FUND.108 HOUSE SPONSORSHIP Kennedy and Singer, SENATE SPONSORSHIP Priola, Pettersen Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. ATTACHMENT 2 http://leg.colorado.gov/.) Opioid and Other Substance Use Disorders Study Committee. The bill: !Expands the housing voucher program currently within the department of local affairs to include individuals with a substance use disorder and appropriates $4.3 million each of the next 5 fiscal years to support the program (section 1); !Requires each recovery residence operating in Colorado to be licensed by the department of public health and environment (section 2); and !Creates the opioid crisis recovery fund for money the state receives as settlement or damage awards resulting from opioid-related litigation (section 3). Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 24-32-721, amend2 (4)(b); and add (5) and (6) as follows:3 24-32-721. Colorado affordable housing construction grants4 and loans - housing development grant fund - creation - housing5 assistance for a person with a behavioral, mental health, or substance6 use disorder - cash fund - definition. (4) (b) In conjunction with its7 other programs to provide assistance in obtaining housing and subject to8 available appropriations, the division shall establish a program that9 provides vouchers and other support services for housing assistance for10 a person with a mental health disorder, SUBSTANCE USE DISORDER, or11 co-occurring behavioral health disorder who is transitioning from the12 department of corrections, the division of youth corrections in the13 department of human services, A MENTAL HEALTH INSTITUTE, or a county14 jail into the community, OR AN INDIVIDUAL WHO IS HOMELESS OR IN AN15 UNSTABLE HOUSING ENVIRONMENT AND IS TRANSITIONING FROM A16 RESIDENTIAL TREATMENT PROGRAM OR IS ENGAGED IN THE COMMUNITY17 HB19-1009-2- TRANSITION SPECIALIST PROGRAM CREATED PURSUANT TO SECTION1 27-66.5-103.2 (5) FOR THE 2019-20 FISCAL YEAR, AND EACH OF THE FOLLOWING3 FOUR FISCAL YEARS, THE GENERAL ASSEMBLY SHALL APPROPRIATE FOUR4 MILLION THREE HUNDRED THOUSAND DOLLARS TO THE DIVISION FOR THE5 VOUCHER PROGRAM SPECIFIED IN SUBSECTION (4)(b) OF THIS SECTION.6 (6) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL7 AFFAIRS SHALL REPORT TO THE SENATE COMMITTEE ON HEALTH AND8 HUMAN SERVICES AND THE HOUSE OF REPRESENTATIVES COMMITTEES ON9 HEALTH, INSURANCE, AND ENVIRONMENT AND PUBLIC HEALTH CARE AND10 HUMAN SERVICES, OR ANY SUCCESSOR COMMITTEES, UNDER THE "STATE11 MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT12 (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2 ON:13 (a) THE NUMBER OF PROJECTS FUNDED UNDER THIS SECTION;14 (b) THE NUMBER OF UNITS IN EACH PROJECT FUNDED; AND15 (c) THE NUMBER OF QUALIFIED INDIVIDUALS HOUSED AS A RESULT16 OF THIS SECTION.17 SECTION 2. In Colorado Revised Statutes, add 25-1.5-108.5 as18 follows:19 25-1.5-108.5. Regulation of recovery residences - stakeholder20 group - definition. (1) AS USED IN THIS SECTION, "RECOVERY21 RESIDENCE" MEANS ANY PREMISES, PLACE, OR BUILDING THAT PROVIDES22 ALCOHOL-FREE OR DRUG-FREE HOUSING, PROMOTES INDEPENDENT LIVING23 AND LIFE SKILL DEVELOPMENT, AND PROVIDES STRUCTURED ACTIVITIES24 THAT ARE DIRECTED PRIMARILY TOWARD RECOVERY FROM SUBSTANCE25 USE DISORDERS IN A SUPERVISED SETTING TO A GROUP OF UNRELATED26 INDIVIDUALS WHO ARE RECOVERING FROM DRUG OR ALCOHOL ADDICTION27 HB19-1009-3- AND WHO ARE RECEIVING OUTPATIENT BEHAVIORAL HEALTH SERVICES FOR1 SUBSTANCE ABUSE OR ADDICTION TREATMENT WHILE LIVING IN THE2 RESIDENCE. "RECOVERY RESIDENCE" DOES NOT INCLUDE A PRIVATE3 RESIDENCE IN WHICH A RELATED FAMILY MEMBER IS REQUIRED TO4 RECEIVE OUTPATIENT BEHAVIORAL HEALTH SERVICES OR ADDICTION5 TREATMENT AS A CONDITION OF CONTINUING TO RESIDE IN THE FAMILY6 DWELLING.7 (2) EFFECTIVE JANUARY 1, 2020, A PERSON SHALL NOT OPERATE8 A RECOVERY RESIDENCE UNLESS LICENSED BY THE DEPARTMENT. THE9 DEPARTMENT SHALL DEEM A RECOVERY RESIDENCE THAT IS ACCREDITED10 BY THE COLORADO ASSOCIATION OF RECOVERY RESIDENCES, OR ITS11 SUCCESSOR ORGANIZATION, AS SATISFYING THE REQUIREMENTS FOR12 INITIAL LICENSURE OR RENEWAL OF AN EXISTING LICENSE.13 (3) A RECOVERY RESIDENCE OWNER, EMPLOYEE, OR14 ADMINISTRATOR, OR AN INDIVIDUAL RELATED TO A RECOVERY RESIDENCE15 OWNER, EMPLOYEE, OR ADMINISTRATOR, MAY NOT DIRECTLY OR16 INDIRECTLY:17 (a) SOLICIT OR ACCEPT A COMMISSION, A FEE, OR ANYTHING OF18 MONETARY OR MATERIAL VALUE:19 (I) FOR ADMISSION OF A RESIDENT OR RESIDENT FEES FROM A20 THIRD PARTY, EXCEPT FOR STATE OR FEDERAL CONTRACTS THAT21 SPECIFICALLY REIMBURSE FOR RESIDENT FEES; OR22 (II) FROM A TREATMENT FACILITY THAT IS LICENSED OR CERTIFIED23 BY THE DEPARTMENT FOR THE TREATMENT OF SUBSTANCE USE DISORDERS24 FOR RESIDENT FEES; OR25 (b) ACCEPT OR RECEIVE A PAYMENT, TRADE, COMMISSION, OR FEE26 FROM A TOXICOLOGY LABORATORY THAT PROVIDES CONFIRMATION27 HB19-1009-4- TESTING OR POINT-OF-CARE TESTING FOR RESIDENTS.1 (4) THE DEPARTMENT MAY TAKE ACTION AGAINST A PERSON FOR2 A VIOLATION OF THIS SECTION.3 SECTION 3. In Colorado Revised Statutes, add 27-82-114 as4 follows:5 27-82-114. Opioid crisis recovery fund - board of governors -6 appointment - purpose. (1) THE OPIOID CRISIS RECOVERY FUND,7 REFERRED TO IN THIS SECTION AS THE "FUND", IS HEREBY CREATED IN THE8 STATE TREASURY. THE FUND CONSISTS OF MONEY THAT THE GENERAL9 ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND AND THE NET10 SETTLEMENT OR DAMAGE AWARDS RECEIVED BY THE STATE AS THE11 RESULT OF OPIOID-RELATED LITIGATION.12 (2) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND13 INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE14 FUND TO THE FUND.15 (3) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE16 BOARD OF GOVERNORS OF THE OPIOID CRISIS RECOVERY FUND, CREATED17 IN SUBSECTION (4) OF THIS SECTION, FOR THE PURPOSE OF FUNDING18 EFFORTS TO AID IN PREVENTION, PUBLIC AWARENESS, PROVIDER19 EDUCATION, EARLY DETECTION AND INTERVENTION, HARM REDUCTION,20 TREATMENT, AND RECOVERY RELATED TO THE OPIOID CRISIS.21 (4) THERE IS HEREBY CREATED IN THE OFFICE OF BEHAVIORAL22 HEALTH THE BOARD OF GOVERNORS OF THE OPIOID CRISIS RECOVERY23 FUND, REFERRED TO IN THIS SECTION AS THE "BOARD".24 (5) (a) THE BOARD CONSISTS OF MEMBERS APPOINTED AS25 FOLLOWS:26 (I) SEVEN MEMBERS APPOINTED BY THE GOVERNOR, INCLUDING:27 HB19-1009-5- (A) ONE MEMBER LICENSED TO PRACTICE MEDICINE PURSUANT TO1 ARTICLE 36 OF TITLE 12;2 (B) ONE MEMBER LICENSED TO PRACTICE PHARMACY PURSUANT3 TO ARTICLE 42.5 OF TITLE 12;4 (C) ONE MEMBER LICENSED TO PRACTICE AS A NURSE PURSUANT5 TO ARTICLE 38 OF TITLE 12;6 (D) ONE MEMBER LICENSED AS A DENTIST PURSUANT TO ARTICLE7 35 OF TITLE 12;8 (E) ONE MEMBER LICENSED AS A VETERINARIAN PURSUANT TO9 ARTICLE 64 OF TITLE 12;10 (F) ONE MEMBER LICENSED AS A PHYSICAL THERAPIST PURSUANT11 TO ARTICLE 41 OF TITLE 12; AND12 (G) ONE MEMBER REPRESENTING A LOCAL PUBLIC HEALTH13 AGENCY;14 (II) ONE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE15 DEPARTMENT OF HUMAN SERVICES OR THE EXECUTIVE DIRECTOR'S16 DESIGNEE;17 (III) ONE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF18 THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE19 EXECUTIVE DIRECTOR'S DESIGNEE;20 (IV) ONE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF21 THE DEPARTMENT OF REGULATORY AGENCIES OR THE EXECUTIVE22 DIRECTOR'S DESIGNEE;23 (V) ONE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE24 DEPARTMENT OF HEALTH CARE POLICY AND FINANCING OR THE EXECUTIVE25 DIRECTOR'S DESIGNEE;26 (VI) ONE MEMBER FROM THE STATE SUBSTANCE ABUSE TREND27 HB19-1009-6- AND RESPONSE TASK FORCE, CREATED IN SECTION 18-18.5-103, APPOINTED1 BY THE ATTORNEY GENERAL OR THE ATTORNEY GENERAL'S DESIGNEE;2 (VII) ONE MEMBER FROM THE CENTER FOR RESEARCH INTO3 SUBSTANCE USE DISORDER PREVENTION, TREATMENT, AND RECOVERY4 SUPPORT STRATEGIES, CREATED IN SECTION 27-80-118 (3), APPOINTED BY5 THE DIRECTOR OF THE CENTER OR THE DIRECTOR'S DESIGNEE;6 (VIII) ONE MEMBER FROM EACH SAFETY NET HOSPITAL THAT7 PROVIDES ADDICTION SERVICES APPOINTED BY THE HOSPITAL;8 (IX) ONE MEMBER FROM THE COLORADO DISTRICT ATTORNEYS'9 COUNCIL APPOINTED BY ITS EXECUTIVE DIRECTOR OR THE EXECUTIVE10 DIRECTOR'S DESIGNEE;11 (X) TWO MEMBERS REPRESENTING LAW ENFORCEMENT AGENCIES,12 ONE OF WHOM IS APPOINTED BY THE COLORADO ASSOCIATION OF CHIEFS13 OF POLICE AND ONE OF WHOM IS APPOINTED BY THE COUNTY SHERIFFS OF14 COLORADO;15 (XI) ONE MEMBER FROM COLORADO COUNTIES, INC., APPOINTED16 BY ITS EXECUTIVE DIRECTOR;17 (XII) ONE MEMBER REPRESENTING THE COLORADO MUNICIPAL18 LEAGUE, OR ANY SUCCESSOR ORGANIZATION, APPOINTED BY THE19 PRESIDENT OF THE COLORADO MUNICIPAL LEAGUE OR THE PRESIDENT'S20 DESIGNEE.21 (b) THE APPOINTING AUTHORITIES SHALL MAKE THEIR INITIAL22 APPOINTMENTS TO THE BOARD NO LATER THAN NINETY DAYS AFTER THE23 STATE RECEIVES A SETTLEMENT OR DAMAGE AWARD.24 (6) EACH MEMBER OF THE BOARD WHO IS APPOINTED PURSUANT TO25 SUBSECTION (5) OF THIS SECTION SERVES AT THE PLEASURE OF THE26 OFFICIAL WHO APPOINTED THE MEMBER. A VACANCY SHALL BE FILLED IN27 HB19-1009-7- THE SAME MANNER AS THE INITIAL APPOINTMENT.1 (7) NOTWITHSTANDING SECTION 2-2-326, EACH MEMBER OF THE2 BOARD SERVES WITHOUT COMPENSATION BUT IS ENTITLED TO RECEIVE3 REIMBURSEMENT FROM MONEY IN THE FUND CREATED IN SUBSECTION (1)4 OF THIS SECTION FOR ACTUAL AND NECESSARY EXPENSES THE MEMBER5 INCURS IN THE PERFORMANCE OF HIS OR HER DUTIES AS A MEMBER OF THE6 BOARD.7 (8) (a) IF THE STATE RECEIVES MONEY FROM A SETTLEMENT OR8 DAMAGE AWARD FROM OPIOID-RELATED LITIGATION, THE DIRECTOR SHALL9 ORGANIZE AND CALL THE FIRST MEETING OF THE BOARD.10 (b) THE BOARD SHALL ELECT A CHAIR FROM AMONG ITS MEMBERS11 TO SERVE FOR A TERM NOT TO EXCEED TWO YEARS.12 (c) THE BOARD SHALL MEET AS NECESSARY TO COMPLETE ITS13 DUTIES.14 (9) THE BOARD SHALL:15 (a) DETERMINE A FORMULA BASED ON POPULATION SIZE,16 OVERDOSE DEATH RATE, AND TREATMENT NEED TO ENSURE THAT MONEY17 FROM THE FUND IS AVAILABLE PROPORTIONALLY TO URBAN AREAS OF THE18 STATE AND RURAL AND FRONTIER AREAS OF THE STATE AS DEFINED IN19 SECTION 39-22-538;20 (b) REVIEW THE APPLICATIONS RECEIVED PURSUANT TO THE RULES21 ADOPTED IN ACCORDANCE WITH SUBSECTION (11) OF THIS SECTION; AND22 (c) IN AWARDING MONEY, CONSIDER WHETHER THE REQUEST23 MEETS THE STANDARD SPECIFIED IN SUBSECTION (3) OF THIS SECTION.24 (10) UPON REQUEST BY THE BOARD, THE OFFICE OF BEHAVIORAL25 HEALTH SHALL PROVIDE OFFICE SPACE, EQUIPMENT, AND STAFF SERVICES26 AS MAY BE NECESSARY TO IMPLEMENT THIS SECTION.27 HB19-1009-8- (11) IF THE STATE RECEIVES MONEY FROM A SETTLEMENT OR1 DAMAGE AWARD FROM OPIOID-RELATED LITIGATION, THE OFFICE OF2 BEHAVIORAL HEALTH SHALL PROMULGATE RULES SPECIFYING THE3 PROCEDURE FOR ENTITIES TO REQUEST MONEY FROM THE BOARD FROM4 THE OPIOID CRISIS RECOVERY FUND.5 (12) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR6 BEFORE JULY 1 OF EACH CALENDAR YEAR FOLLOWING THE YEAR IN WHICH7 THE BOARD DISPERSES MONEY FROM THE FUND, THE BOARD SHALL REPORT8 TO THE HEALTH, INSURANCE, AND ENVIRONMENT COMMITTEE OF THE9 HOUSE OF REPRESENTATIVES AND THE HEALTH AND HUMAN SERVICES10 COMMITTEE OF THE SENATE, OR ANY SUCCESSOR COMMITTEES. THE11 REPORT MUST INCLUDE EACH ENTITY THAT RECEIVED MONEY FROM THE12 FUND AND THE AMOUNT OF AND PURPOSE FOR THE MONEY.13 SECTION 4. Safety clause. The general assembly hereby finds,14 determines, and declares that this act is necessary for the immediate15 preservation of the public peace, health, and safety.16 HB19-1009-9- UNEDITEDUNREVISED DRAFT 2.26.19 HB1009_L.008 HOUSE COMMITTEE OF REFERENCE AMENDMENT Committee on Public Health Care & Human Services. HB19-1009 be amended as follows: 1 Amend printed bill, strike everything below the enacting clause and 2 substitute: 3 "SECTION 1. In Colorado Revised Statutes, 24-32-721, amend 4 (4)(b); and add (5) and (6) as follows: 5 24-32-721. Colorado affordable housing construction grants 6 and loans - housing development grant fund - creation - housing7assistance for a person with a behavioral, mental health, or substance 8 use disorder - cash fund - appropriation - report to general assembly 9 - definition. (4) (b) In conjunction with its other programs to provide 10 assistance in obtaining housing and subject to available appropriations,11 the division OF HOUSING shall establish a program that provides vouchers 12 and other support services for housing assistance for a person with a 13 mental health disorder, SUBSTANCE USE DISORDER, or co-occurring 14 behavioral health disorder who is transitioning from the department of 15 corrections, the division of youth corrections in the department of human 16 services, A MENTAL HEALTH INSTITUTE, PSYCHIATRIC HOSPITAL, or a 17 county jail into the community, OR AN INDIVIDUAL WHO IS HOMELESS OR 18 IN AN UNSTABLE HOUSING ENVIRONMENT AND IS TRANSITIONING FROM A 19 RESIDENTIAL TREATMENT PROGRAM OR IS ENGAGED IN THE COMMUNITY 20 TRANSITION SPECIALIST PROGRAM CREATED PURSUANT TO SECTION 21 27-66.5-103.22 (5) FOR THE 2019-20 FISCAL YEAR, AND EACH OF THE FOLLOWING 23 FOUR FISCAL YEARS, THE GENERAL ASSEMBLY SHALL CONTINUOUSLY 24 APPROPRIATE FOUR MILLION THREE HUNDRED THOUSAND DOLLARS FROM 25 THE GENERAL FUND TO THE DIVISION OF HOUSING FOR THE VOUCHER 26 PROGRAM SPECIFIED IN SUBSECTION (4)(b) OF THIS SECTION. 27 (6) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL 28 AFFAIRS SHALL REPORT TO THE SENATE COMMITTEE ON HEALTH AND 29 HUMAN SERVICES AND THE HOUSE OF REPRESENTATIVES COMMITTEES ON 30 HEALTH AND INSURANCE AND PUBLIC HEALTH CARE AND HUMAN 31 SERVICES, OR ANY SUCCESSOR COMMITTEES, UNDER THE "STATE 32 MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT33 (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2, ON: 34 (a) THE NUMBER OF PROJECTS FUNDED UNDER THIS SECTION; 35 (b) THE NUMBER OF UNITS IN EACH PROJECT FUNDED; AND36 (c) THE NUMBER OF QUALIFIED INDIVIDUALS HOUSED AS A RESULT 37 OF THIS SECTION. 38 SECTION 2. In Colorado Revised Statutes, add 25-1.5-108.5 as 39 follows: 40 25-1.5-108.5. Regulation of recovery residences - definition. LLS: Yelana Love x2295 ATTACHMENT 3 UNEDITEDUNREVISED DRAFT 2.26.191 (1) (a) AS USED IN THIS SECTION, "RECOVERY RESIDENCE" MEANS ANY 2 PREMISES, PLACE, OR BUILDING THAT PROVIDES HOUSING 3 ACCOMMODATION FOR INDIVIDUALS WITH A PRIMARY DIAGNOSIS OF A 4 SUBSTANCE USE DISORDER THAT: 5 (I) IS FREE FROM ALCOHOL AND NON-PRESCRIBED OR ILLICIT 6 DRUGS;7 (II) PROMOTES INDEPENDENT LIVING AND LIFE SKILL 8 DEVELOPMENT; AND 9 (III) PROVIDES STRUCTURED ACTIVITIES AND RECOVERY SUPPORT 10 SERVICES THAT ARE PRIMARILY INTENDED TO PROMOTE RECOVERY FROM 11 SUBSTANCE USE DISORDERS. 12 (b) "RECOVERY RESIDENCE" DOES NOT INCLUDE: 13 (I) A PRIVATE RESIDENCE IN WHICH AN INDIVIDUAL RELATED TO 14 THE OWNER OF THE RESIDENCE BY BLOOD, ADOPTION, OR MARRIAGE IS 15 REQUIRED TO ABSTAIN FROM SUBSTANCE USE OR RECEIVE BEHAVIORAL 16 HEALTH SERVICES FOR A SUBSTANCE USE DISORDER AS A CONDITION OF 17 RESIDING IN THE RESIDENCE; 18 (II) THE SUPPORTIVE RESIDENTIAL COMMUNITY FOR INDIVIDUALS 19 WHO ARE HOMELESS OPERATED UNDER SECTION 24-32-724 AT THE FORT 20 LYON PROPERTY FOR THE PURPOSE OF PROVIDING SUBSTANCE ABUSE21SUPPORTIVE SERVICES, MEDICAL CARE, JOB TRAINING, AND SKILL 22 DEVELOPMENT FOR THE RESIDENTS; OR 23 (III) A FACILITY APPROVED FOR RESIDENTIAL TREATMENT BY THE 24 OFFICE OF BEHAVIORAL HEALTH IN THE DEPARTMENT OF HUMAN SERVICES. 25 (2) EFFECTIVE JANUARY 1, 2020, A PERSON SHALL NOT OPERATE 26 A FACILITY USING THE TERM "RECOVERY RESIDENCE", "SOBER LIVING 27 FACILITY", "SOBER HOME", OR A SUBSTANTIALLY SIMILAR TERM AND A 28 LICENSED, REGISTERED, OR CERTIFIED HEALTH CARE PROVIDER OR A 29 LICENSED HEALTH FACILITY SHALL NOT REFER A PERSON IN NEED OF 30 RECOVERY SERVICES TO A FACILITY, UNLESS THE FACILITY: 31 (a) IS CERTIFIED BY THE COLORADO ASSOCIATION OF RECOVERY32 RESIDENCES OR ITS SUCCESSOR ORGANIZATION; 33 (b) IS CHARTERED BY OXFORD HOUSE OR ITS SUCCESSOR 34 ORGANIZATION; OR 35 (c) HAS BEEN OPERATING AS A RECOVERY RESIDENCE IN 36 COLORADO FOR THIRTY OR MORE YEARS AS OF THE EFFECTIVE DATE OF 37 THIS SECTION. 38 (3) A PERSON OR A RECOVERY RESIDENCE OWNER, EMPLOYEE, OR 39 ADMINISTRATOR, OR AN INDIVIDUAL RELATED TO A RECOVERY RESIDENCE 40 OWNER, EMPLOYEE, OR ADMINISTRATOR, MAY NOT DIRECTLY OR 41 INDIRECTLY: 42 (a) SOLICIT, ACCEPT, OR RECEIVE A COMMISSION, PAYMENT, 43 TRADE, FEE, OR ANYTHING OF MONETARY OR MATERIAL VALUE: -2-LLS: Yelana Love x2295 UNEDITEDUNREVISED DRAFT 2.26.191 (I) FOR ADMISSION OF A RESIDENT, EXCEPT FOR STATE OR FEDERAL 2 CONTRACTS THAT SPECIFICALLY REIMBURSE FOR RESIDENT FEES; 3 (II) FROM A TREATMENT FACILITY THAT IS LICENSED OR CERTIFIED 4 BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR THE 5 TREATMENT OF SUBSTANCE USE DISORDERS FOR RESIDENT FEES; OR 6 (III) FROM A FACILITY APPROVED FOR RESIDENTIAL TREATMENT7BY THE OFFICE OF BEHAVIORAL HEALTH IN THE DEPARTMENT OF HUMAN 8 SERVICES. 9 (b) SOLICIT, ACCEPT, OR RECEIVE A COMMISSION, PAYMENT, 10 TRADE, FEE, OR ANYTHING OF MONETARY OR MATERIAL VALUE FROM A 11 TOXICOLOGY LABORATORY THAT PROVIDES CONFIRMATION TESTING OR 12 POINT-OF-CARE TESTING FOR RESIDENTS. 13 SECTION 3. In Colorado Revised Statutes, add 27-82-114 as 14 follows: 15 27-82-114. Opioid crisis recovery funds advisory committee - 16 creation - membership - purpose. (1) THERE IS HEREBY CREATED THE 17 OPIOID CRISIS RECOVERY FUNDS ADVISORY COMMITTEE, REFERRED TO IN 18 THIS SECTION AS THE "COMMITTEE", WHICH IS CREATED TO ADVISE AND 19 COLLABORATE WITH THE DEPARTMENT OF LAW ON USES OF ANY20CUSTODIAL FUNDS RECEIVED BY THE STATE AS THE RESULT OF 21 OPIOID-ADDICTION-RELATED LITIGATION IN WHICH THE FUNDS ARE NOT 22 PREDETERMINED OR COMMITTED BY COURT ORDER OR OTHER ACTION BY 23 A STATE OR FEDERAL COURT OF LAW. 24 (2) (a) THE COMMITTEE CONSISTS OF MEMBERS APPOINTED AS 25 FOLLOWS: 26 (I) THIRTEEN MEMBERS APPOINTED BY THE GOVERNOR, 27 INCLUDING: 28 (A) ONE MEMBER LICENSED TO PRACTICE MEDICINE PURSUANT TO 29 ARTICLE 36 OF TITLE 12; 30 (B) ONE MEMBER LICENSED TO PRACTICE PHARMACY PURSUANT31TO ARTICLE 42.5 OF TITLE 12; 32 (C) ONE MEMBER LICENSED TO PRACTICE AS A NURSE PURSUANT 33 TO ARTICLE 38 OF TITLE 12; 34 (D) ONE MEMBER LICENSED AS A DENTIST PURSUANT TO ARTICLE 35 35 OF TITLE 12; 36 (E) ONE MEMBER LICENSED AS A VETERINARIAN PURSUANT TO 37 ARTICLE 64 OF TITLE 12; 38 (F) ONE MEMBER LICENSED AS A PHYSICAL THERAPIST PURSUANT 39 TO ARTICLE 41 OF TITLE 12; 40 (G) ONE MEMBER REPRESENTING A LOCAL PUBLIC HEALTH 41 AGENCY; 42 (H) ONE MEMBER WHO HAS BEEN AFFECTED BY THE OPIOID CRISIS; 43 (I) ONE FAMILY MEMBER OF A PERSON WHO HAS BEEN AFFECTED -3-LLS: Yelana Love x2295 UNEDITEDUNREVISED DRAFT 2.26.191BY THE OPIOID CRISIS; 2 (J) ONE MEMBER REPRESENTING AN ADVOCACY ORGANIZATION 3 FOR PEOPLE WITH SUBSTANCE USE DISORDERS; 4 (K) TWO MEMBERS APPOINTED FROM NOMINEES SUBMITTED BY 5 STATEWIDE ORGANIZATIONS REPRESENTING COUNTIES, WITH ONE MEMBER 6 REPRESENTING THE WESTERN SLOPE AND ONE MEMBER REPRESENTING THE7EASTERN PART OF THE STATE; AND 8 (L) ONE MEMBER FROM AN ASSOCIATION THAT REPRESENTS 9 BEHAVIORAL HEALTH PROVIDERS; AND 10 (II) TWO MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF 11 THE DEPARTMENT OF HUMAN SERVICES, ONE OF WHOM MUST REPRESENT 12 AN ASSOCIATION OF SUBSTANCE USE PROVIDERS; 13 (III) TWO MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF 14 THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, ONE OF WHOM 15 IS A PAIN MANAGEMENT PATIENT; 16 (IV) ONE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF 17 THE DEPARTMENT OF REGULATORY AGENCIES; 18 (V) ONE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE 19 DEPARTMENT OF HEALTH CARE POLICY AND FINANCING; 20 (VI) ONE MEMBER FROM THE STATE SUBSTANCE ABUSE TREND21AND RESPONSE TASK FORCE, CREATED IN SECTION 18-18.5-103, APPOINTED 22 BY THE ATTORNEY GENERAL; 23 (VII) ONE MEMBER FROM THE CENTER FOR RESEARCH INTO 24 SUBSTANCE USE DISORDER PREVENTION, TREATMENT, AND RECOVERY 25 SUPPORT STRATEGIES, CREATED IN SECTION 27-80-118 (3), APPOINTED BY 26 THE DIRECTOR OF THE CENTER; 27 (VIII) ONE MEMBER FROM EACH SAFETY NET HOSPITAL THAT 28 PROVIDES ADDICTION SERVICES, APPOINTED BY THE HOSPITAL; 29 (IX) ONE MEMBER FROM THE COLORADO DISTRICT ATTORNEYS' 30 COUNCIL, OR ANY SUCCESSOR ORGANIZATION, APPOINTED BY ITS 31 EXECUTIVE DIRECTOR;32 (X) TWO MEMBERS REPRESENTING LAW ENFORCEMENT AGENCIES, 33 ONE OF WHOM IS APPOINTED BY THE COLORADO ASSOCIATION OF CHIEFS 34 OF POLICE, OR ANY SUCCESSOR ORGANIZATION, AND ONE OF WHOM IS 35 APPOINTED BY THE COUNTY SHERIFFS OF COLORADO, OR ANY SUCCESSOR 36 ORGANIZATION; AND 37 (XI) ONE MEMBER REPRESENTING THE COLORADO MUNICIPAL 38 LEAGUE, OR ANY SUCCESSOR ORGANIZATION, APPOINTED BY THE 39 PRESIDENT OF THE COLORADO MUNICIPAL LEAGUE OR THE PRESIDENT'S 40 DESIGNEE. 41 (b) THE ATTORNEY GENERAL SHALL NOTIFY THE APPOINTING 42 AUTHORITIES IF THE STATE RECEIVES A SETTLEMENT OR DAMAGE AWARD 43 IN WHICH THE CUSTODIAL FUNDS ARE NOT PREDETERMINED OR -4-LLS: Yelana Love x2295 UNEDITEDUNREVISED DRAFT 2.26.191COMMITTED BY COURT ORDER OR OTHER ACTION BY A STATE OR FEDERAL 2 COURT OF LAW. THE APPOINTING AUTHORITIES SHALL MAKE THEIR INITIAL 3 APPOINTMENTS TO THE COMMITTEE NO LATER THAN NINETY DAYS AFTER 4 RECEIVING THE NOTICE. 5 (3) EACH MEMBER OF THE COMMITTEE WHO IS APPOINTED 6 PURSUANT TO SUBSECTION (2) OF THIS SECTION SERVES AT THE PLEASURE7OF THE OFFICIAL WHO APPOINTED THE MEMBER. A VACANCY SHALL BE 8 FILLED IN THE SAME MANNER AS THE INITIAL APPOINTMENT. 9 (4) IF THE STATE RECEIVES CUSTODIAL FUNDS FROM A 10 SETTLEMENT OR DAMAGE AWARD FROM OPIOID-ADDICTION-RELATED 11 LITIGATION IN WHICH THE FUNDS ARE NOT PREDETERMINED OR 12 COMMITTED BY COURT ORDER OR OTHER ACTION BY A STATE OR FEDERAL 13 COURT OF LAW, THE ATTORNEY GENERAL SHALL CONVENE AND CALL A 14 MEETING OF THE COMMITTEE, AND ANY SUBSEQUENT MEETINGS AS 15 NECESSARY, TO SEEK INPUT AND RECOMMENDATIONS FROM THE 16 COMMITTEE ON THE PROPER EXPENDITURE OF THE FUNDS RECEIVED. 17 (5) EACH MEMBER OF THE COMMITTEE SHALL MAINTAIN 18 CONFIDENTIALITY THROUGHOUT THE PROCESS OF DETERMINING THE 19 PROPER EXPENDITURE OF CUSTODIAL FUNDS. MEMBERS SHALL NOT 20 DISCLOSE THE CONTENTS OF ANY REQUESTS FOR FUNDING WITH ANYONE21OUTSIDE OF THE COMMITTEE. 22 (b) EACH COMMITTEE MEMBER SHALL AFFIRM THAT THE MEMBER 23 DOES NOT HAVE A PERSONAL OR FINANCIAL INTEREST REGARDING ANY 24 ORGANIZATION THAT MAY REQUEST FUNDING. MEMBERS SHALL DISCLOSE 25 ALL POTENTIAL CONFLICT OF INTEREST SITUATIONS TO THE ATTORNEY 26 GENERAL BEFORE REVIEWING FUNDING REQUESTS. 27 SECTION 4. Safety clause. The general assembly hereby finds, 28 determines, and declares that this act is necessary for the immediate 29 preservation of the public peace, health, and safety.". 30 Page 1, strike lines 105 through 108 and substitute "INDIVIDUALS, 31 CREATING STANDARDS FOR RECOVERY RESIDENCES FOR PURPOSES OF32REFERRALS AND TITLE PROTECTION, CREATING THE OPIOID CRISIS 33 RECOVERY FUNDS ADVISORY COMMITTEE, AND MAKING AN 34 APPROPRIATION.". ** *** ** *** ** -5-LLS: Yelana Love x2295 ITEM NO: DATE: March 11, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 17-2019 – A RESOLUTION IN SUPPORT OF SENATE BILL 19-008 CONCERNING TREATMENT OF INDIVIDUALS WITH SUBSTANCE USE DISORDERS WHO COME INTO CONTACT WITH THE CRIMINAL JUSTICE SYSTEM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: Senate Bill 19-008 is a bill designed to provide individuals who are addicted to substances access to services and treatment in lieu of entering the criminal justice system. The bill adds low level drug crimes to a simplified record sealing process as well as identifies funding to expand the Law Enforcement Assisted Diversion (LEAD) Programs. BACKGROUND: During the February 25, 2019 City Council meeting, Councilmember Urban presented information regarding the regional opioid crisis, and consensus was reached to bring back a resolution in support of Senate Bill 19-008 (the Bill). The proposed legislation is from the Opioid and Other Substance Use Disorders Interim Study Committee. It was introduced on January 4, 2019 and assigned to the Judiciary Committee. The goal of the legislation is to get addicted individuals to services and treatment rather than the criminal justice system. As currently written, the purpose of the Bill would be to add low level Council Action Form – Resolution in Support of SB 19-008 March 11, 2019 Page 2 drug crimes to a simplified record sealing process. Specifically, it would require the Colorado Commission on Criminal and Juvenile Justice to study and make recommendations concerning: • Alternatives to filing criminal charges against individuals with substance use disorders who have been arrested for drug related offenses • Best practices for investigating unlawful opioid distribution in Colorado • A process for automatically sealing criminal records for drug offenses Additionally, the Bill would identify funding to expand the Law Enforcement Assisted Diversion (LEAD) Programs from its current number of four to ten. LEAD programs focus on getting individuals suffering from substance addiction to treatment and services rather than getting them into the criminal justice system. These programs have been successful for participating municipalities, which currently include Longmont, Denver County, Pueblo County and Alamosa. Finally, the Bill contains legislative declaration that the substance abuse trend and response task force should formulate a response to current and emerging substance abuse problems from the criminal justice, prevention, and treatment sectors that includes the use of drop-off treatment services, mobile and walk-in crisis centers, and withdrawal management programs. The strategies would serve as an alternative to entry into the criminal justice system for offenders of low-level drug offenses. The Colorado Municipal League supports the bill as it is currently written. Since the Bill has been introduced, but has not yet moved forward in the legislative process, the bill language may change over time resulting in different expectations and goals. If the Bill changes to the point where it no longer aligns with City Council’s intent, the resolution may be amended or rescinded. PRIOR ACTION: N/A FINANCIAL IMPACT: There is no direct fiscal impact in supporting or opposing Senate Bill 19-008. RECOMMENDATIONS: None RECOMMENDED MOTION: “I move to approve Resolution No. 17-2019, a resolution of City Council in support of Senate Bill 19-008 concerning treatment of individuals with substance use disorders who come into contact with the criminal justice system.” Or, “I move to table indefinitely Resolution No. 17-2019, a resolution of City Council in support of Senate Bill 19-008 concerning treatment of individuals with substance use disorders who come Council Action Form – Resolution in Support of SB 19-008 March 11, 2019 Page 3 into contact with the criminal justice system, for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 17-2019 2. Draft language of Senate Bill 19-008 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 17 Series of 2019 TITLE: A RESOLUTION IN SUPPORT OF SENATE BILL 19-008 CONCERNING TREATMENT OF INDIVIDUALS WITH SUBSTANCE USE DISORDERS WHO COME INTO CONTACT WITH THE CRIMINAL JUSTICE SYSTEM WHEREAS, public health and safety are essential to the citizens of the City of Wheat Ridge; and WHEREAS, Wheat Ridge and the Jefferson County area are experiencing a rise in substance-related arrests; and WHEREAS, the State of Colorado’s Law Enforcement Assisted Diversion (“LEAD”) Programs focus on getting individuals suffering from substance addiction to treatment and services rather than getting them into the criminal justice system; and WHEREAS, LEAD Programs have been found to be successful for participating municipalities; and WHEREAS, the passage of Senate Bill 19-008 would add low level drug crimes to a simplified record sealing process as well as identify funding to expand the LEAD Programs from four to ten; and WHEREAS, City Council may adopt a resolution taking a position of advocacy regarding proposed legislation during the 2019 Colorado Legislative session; and WHEREAS, City Council takes a position in support of Senate Bill 19-008. NOW, THEREFORE, BE IT RESOLVED by the City of Wheat Ridge City Council, that: The City of Wheat Ridge supports Senate Bill 19-008. DONE AND RESOLVED this _____ day of ____________, 2019. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk ATTACHMENT 1 First Regular Session Seventy-second General Assembly STATE OF COLORADO INTRODUCED LLS NO. 19-0230.02 Conrad Imel x2313 SENATE BILL 19-008 Senate Committees House Committees Judiciary A BILL FOR AN ACT CONCERNING TREATMENT OF INDIVIDUALS WITH SUBSTANCE USE101 DISORDERS WHO COME INTO CONTACT WITH THE CRIMINAL102 JUSTICE SYSTEM, AND, IN CONNECTION THEREWITH, MAKING AN103 APPROPRIATION.104 Bill Summary (Note: This summary applies to this bill as introduced and doesnot reflect any amendments that may be subsequently adopted. If this billpasses third reading in the house of introduction, a bill summary thatapplies to the reengrossed version of this bill will be available athttp://leg.colorado.gov/.) Opioid and Other Substance Use Disorders Study Committee. Section 1 of the bill requires the Colorado commission on criminal and juvenile justice to study and make recommendations concerning: SENATE SPONSORSHIP Moreno and Priola, Pettersen HOUSE SPONSORSHIP Kennedy and Singer, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. ATTACHMENT 2 !Alternatives to filing criminal charges against individuals with substance use disorders who have been arrested for drug-related offenses; !Best practices for investigating unlawful opioid distribution in Colorado; and !A process for automatically sealing criminal records for drug offense convictions. Section 2 of the bill requires the department of corrections (DOC) to allow medication-assisted treatment to be provided to persons who were receiving treatment in a local jail prior to being transferred to the custody of the DOC. The DOC may enter into agreements with community agencies and organizations to assist in the development and administration of medication-assisted treatment. Section 3 of the bill contains a legislative declaration that the substance abuse trend and response task force should formulate a response to current and emerging substance abuse problems from the criminal justice, prevention, and treatment sectors that includes the use of drop-off treatment services, mobile and walk-in crisis centers, and withdrawal management programs as an alternative to entry into the criminal justice system for offenders of low-level drug offenses. Section 4 of the bill directs the department of health care policy and financing to seek federal authorization under the Medicaid program for treatment of substance use disorders for persons confined in jails. Section 5 of the bill creates a simplified process for sealing convictions for level 4 drug felonies, all drug misdemeanors, and any offense committed prior to October 1, 2013, that would have been a level 4 drug felony or drug misdemeanor if committed on or after October 1, 2013. A defendant may file a motion to seal records 3 years or more after final disposition of the criminal proceedings. Conviction records may be sealed only after a hearing and upon court order. Section 6 of the bill requires jails that receive funding through the jail-based behavioral health services program to allow medication-assisted treatment to be provided to individuals in the jail. The jail may enter into agreements with community agencies and organizations to assist in the development and administration of medication-assisted treatment. Section 7 of the bill provides an appropriation, including for the following programs funded through the annual long appropriations act: !Increasing from 4 to 10 the number of the law-enforcement-assisted diversion pilot programs; and !Increasing coresponder funding for criminal justice diversion pilot programs in the office of behavioral health in the department of human services. SB19-008-2- Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 16-11.3-103, add2 (2)(h) as follows:3 16-11.3-103. Duties of the commission - mission - staffing -4 report - definition - repeal. (2) The commission shall have the5 following duties:6 (h) (I) TO STUDY AND MAKE RECOMMENDATIONS ON THE7 FOLLOWING ISSUES CONCERNING INDIVIDUALS WITH SUBSTANCE USE8 DISORDERS WHO COME INTO CONTACT WITH THE CRIMINAL JUSTICE9 SYSTEM:10 (A) ALTERNATIVES TO FILING CRIMINAL CHARGES AGAINST 11 INDIVIDUALS WITH SUBSTANCE USE DISORDERS WHO HAVE BEEN ARRESTED12 FOR DRUG-RELATED OFFENSES;13 (B) BEST PRACTICES FOR INVESTIGATING UNLAWFUL OPIOID14 DISTRIBUTION IN COLORADO, INCLUDING THE POTENTIAL CREATION OF15 BLACK MARKET OPIOID INVESTIGATORY ENTITIES AT THE STATE AND16 LOCAL LEVELS; AND17 (C) A PROCESS FOR AUTOMATICALLY SEALING CRIMINAL RECORDS18 OF CONVICTIONS FOR DRUG OFFENSES.19 (II) ON OR BEFORE JULY 1, 2020, THE COMMISSION SHALL PROVIDE20 A REPORT WITH ITS FINDINGS AND RECOMMENDATIONS MADE PURSUANT21 TO THIS SUBSECTION (2)(h) TO THE JUDICIARY AND THE PUBLIC HEALTH22 CARE AND HUMAN SERVICES COMMITTEES OF THE HOUSE OF23 REPRESENTATIVES AND THE JUDICIARY AND THE HEALTH AND HUMAN24 SERVICES COMMITTEES OF THE SENATE, OR ANY SUCCESSOR COMMITTEES.25 (III) THIS SUBSECTION (2)(h) IS REPEALED, EFFECTIVE JUNE 30,26 2021.27 SB19-008-3- SECTION 2. In Colorado Revised Statutes, 17-1-113.8, add (3)1 as follows:2 17-1-113.8. Persons with serious behavioral or mental health3 disorders - long-term isolated confinement - work group -4 medication-assisted treatment. (3) (a) THE DEPARTMENT SHALL ALLOW5 MEDICATION-ASSISTED TREATMENT, AS IT IS DEFINED IN SECTION6 23-21-803, TO BE PROVIDED TO INDIVIDUALS WHO ARE PLACED IN THE7 CUSTODY OF THE DEPARTMENT WHO WERE RECEIVING SUCH TREATMENT8 IN A LOCAL JAIL PRIOR TO BEING PLACED IN THE CUSTODY OF THE9 DEPARTMENT.10 (b) THE DEPARTMENT MAY ENTER INTO AGREEMENTS WITH11 COMMUNITY AGENCIES, BEHAVIORAL HEALTH ORGANIZATIONS, AND12 SUBSTANCE USE DISORDER TREATMENT ORGANIZATIONS TO ASSIST IN THE13 DEVELOPMENT AND ADMINISTRATION OF MEDICATION-ASSISTED14 TREATMENT PURSUANT TO THIS SECTION.15 SECTION 3. In Colorado Revised Statutes, 18-18.5-101, amend16 (3)(b) as follows:17 18-18.5-101. Legislative declaration. (3) The general assembly,18 therefore, determines and declares that it is necessary to change the state19 methamphetamine task force into a substance abuse trend and response20 task force to:21 (b) Formulate a response to current and emerging substance abuse22 USE DISORDER problems from the criminal justice, prevention, and23 treatment sectors, INCLUDING THE USE OF DROP-OFF TREATMENT SERVICES,24 MOBILE AND WALK-IN CRISIS CENTERS, AND WITHDRAWAL MANAGEMENT25 PROGRAMS, RATHER THAN CONTINUED CRIMINAL JUSTICE INVOLVEMENT26 FOR OFFENDERS OF LOW-LEVEL DRUG OFFENSES; and27 SB19-008-4- SECTION 4. In Colorado Revised Statutes, 25.5-4-205.5, add (3)1 as follows:2 25.5-4-205.5. Confined persons - suspension of benefits.3 (3) NO LATER THAN OCTOBER 1, 2019, THE STATE DEPARTMENT SHALL4 SEEK FEDERAL AUTHORIZATION TO PROVIDE TREATMENT FOR SUBSTANCE5 USE DISORDERS WITH FULL FEDERAL FINANCIAL PARTICIPATION TO6 CONFINED PERSONS. SUCH TREATMENT MUST INCLUDE7 MEDICATION-ASSISTED TREATMENT AND WITHDRAWAL MANAGEMENT8 PROGRAMS.9 SECTION 5. In Colorado Revised Statutes, add 24-72-705.5 as10 follows:11 24-72-705.5. Sealing of criminal conviction records12 information for offenses involving possession of controlled substances13 - simplified process - processing fee. (1) Sealing of conviction14 records. (a) (I) SUBJECT TO THE LIMITATIONS DESCRIBED IN SUBSECTION15 (3) OF THIS SECTION, A DEFENDANT MAY PETITION THE DISTRICT COURT OF16 THE DISTRICT, OR THE MUNICIPAL COURT IN ANY MUNICIPALITY, IN WHICH17 ANY CONVICTION RECORDS FOR CERTAIN OFFENSES INVOLVING18 CONTROLLED SUBSTANCES PERTAINING TO THE DEFENDANT ARE LOCATED19 FOR THE SEALING OF THE CONVICTION RECORDS, EXCEPT BASIC20 IDENTIFYING INFORMATION, IF:21 (A) THE PETITION IS FILED THREE OR MORE YEARS AFTER THE DATE22 OF THE FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST THE23 DEFENDANT OR THE RELEASE OF THE DEFENDANT FROM SUPERVISION24 CONCERNING A CRIMINAL CONVICTION, WHICHEVER IS LATER; AND25 (B) THE DEFENDANT HAS NOT BEEN CHARGED OR CONVICTED FOR26 A CRIMINAL OFFENSE IN THE THREE OR MORE YEARS SINCE THE DATE OF27 SB19-008-5- THE FINAL DISPOSITION OF ALL CRIMINAL PROCEEDINGS AGAINST HIM OR1 HER OR THE DATE OF THE DEFENDANT'S RELEASE FROM SUPERVISION,2 WHICHEVER IS LATER.3 (II) THE PETITION SHALL BE MADE BY THE DEFENDANT THROUGH4 THE FILING OF A PETITION IN WRITING IN THE CRIMINAL CASE FOR WHICH5 THE DEFENDANT WAS CONVICTED WITH WRITTEN NOTICE AND A COPY OF6 THE PETITION PROVIDED TO THE PROSECUTING ATTORNEY.7 (b) (I) UPON THE FILING OF A PETITION IN THE CRIMINAL CASE, THE8 COURT SHALL REVIEW THE PETITION AND DETERMINE WHETHER THERE ARE9 GROUNDS UNDER THIS SECTION TO PROCEED TO A HEARING ON THE10 PETITION. IF THE COURT DETERMINES THAT THE PETITION ON ITS FACE IS11 INSUFFICIENT OR IF THE COURT DETERMINES THAT, AFTER TAKING12 JUDICIAL NOTICE OF MATTERS OUTSIDE THE PETITION, THE DEFENDANT IS13 NOT ENTITLED TO RELIEF UNDER THIS SECTION, THE COURT SHALL ENTER14 AN ORDER DENYING THE PETITION AND MAIL A COPY OF THE ORDER TO THE15 DEFENDANT. THE COURT'S ORDER SHALL SPECIFY THE REASONS FOR THE16 DENIAL OF THE PETITION.17 (II) IF THE COURT DETERMINES THAT THE PETITION IS SUFFICIENT18 ON ITS FACE AND THAT NO OTHER GROUNDS EXIST AT THAT TIME FOR THE19 COURT TO DENY THE PETITION UNDER THIS SECTION, THE COURT SHALL SET20 A DATE FOR A HEARING, AND THE COURT SHALL NOTIFY ALL PARTIES OF21 THE DATE OF THE HEARING.22 (c) (I) AFTER THE HEARING DESCRIBED IN SUBSECTION (1)(b)(II)23 OF THIS SECTION IS CONDUCTED AND IF THE COURT FINDS THAT THE HARM24 TO THE PRIVACY OF THE DEFENDANT OR THE DANGERS OF UNWARRANTED,25 ADVERSE CONSEQUENCES TO THE DEFENDANT OUTWEIGH THE PUBLIC26 INTEREST IN RETAINING THE CONVICTION RECORDS, THE COURT MAY27 SB19-008-6- ORDER THE CONVICTION RECORDS, EXCEPT BASIC IDENTIFYING1 INFORMATION, TO BE SEALED.2 (II) IN MAKING A DETERMINATION PURSUANT TO THIS SUBSECTION3 (1)(c), THE COURT SHALL, AT A MINIMUM, CONSIDER THE SEVERITY OF THE4 OFFENSE THAT IS THE BASIS OF THE CONVICTION RECORDS SOUGHT TO BE5 SEALED, THE CRIMINAL HISTORY OF THE DEFENDANT, THE NUMBER OF6 CONVICTIONS AND DATES OF THE CONVICTIONS FOR WHICH THE7 DEFENDANT IS SEEKING TO HAVE THE RECORDS SEALED, AND THE NEED8 FOR THE GOVERNMENT AGENCY TO RETAIN THE RECORDS. IF THE PERSON9 IN INTEREST HAS SUCCESSFULLY COMPLETED A VETERANS TREATMENT10 PROGRAM ESTABLISHED PURSUANT TO SECTION 13-5-144 IN THE CASE11 THAT IS THE SUBJECT OF THE PETITION TO SEAL OR ANY OTHER SUBSTANCE12 USE TREATMENT PROGRAM, THE COURT SHALL CONSIDER SUCH FACTOR13 FAVORABLY IN DETERMINING WHETHER TO ISSUE AN ORDER TO SEAL14 RECORDS PURSUANT TO THIS SECTION.15 (d) WHEN THE COURT SEALS CONVICTION RECORDS PURSUANT TO16 THIS SECTION, THE COURT SHALL PROVIDE A COPY OF THE COURT ORDER17 TO THE COLORADO BUREAU OF INVESTIGATION, AND THE DEFENDANT18 SHALL PAY TO THE BUREAU ANY COSTS RELATED TO THE SEALING OF HIS19 OR HER CONVICTION RECORDS IN THE CUSTODY OF THE BUREAU. THE20 COURT SHALL ALSO PROVIDE A COPY OF THE COURT ORDER TO EACH21 CUSTODIAN WHO MAY HAVE CUSTODY OF ANY RECORDS SUBJECT TO THE22 ORDER. THE DEFENDANT SHALL PROVIDE TO THE COURT, IN CONJUNCTION23 WITH THE PETITION, A LIST OF ALL AGENCY CUSTODIANS WHO MAY HAVE24 CUSTODY OF ANY RECORDS SUBJECT TO THE ORDER. ADDITIONALLY, THE25 DEFENDANT MAY ALSO PROVIDE A COPY OF THE ORDER TO ANY OTHER26 CUSTODIAN OF RECORDS SUBJECT TO THE ORDER. EACH CUSTODIAN THAT27 SB19-008-7- RECEIVES A COPY OF THE ORDER SHALL REMOVE THE RECORDS THAT ARE1 SUBJECT TO THE ORDER FROM ITS RECORDS.2 (e) THE PROVISIONS OF SECTION 24-72-702 (1)(d) TO (1)(g) AND3 SECTION 24-72-702 (4) APPLY TO THIS SECTION.4 (f) THIS SECTION DOES NOT APPLY TO RECORDS THAT ARE SUBJECT5 TO THE PROCEDURE SET FORTH IN SECTION 18-13-122 (13).6 (2) (a) A DEFENDANT PETITIONING TO HAVE HIS OR HER7 CONVICTION RECORDS SEALED UNDER THIS SECTION SHALL PAY A8 PROCESSING FEE OF SIXTY-FIVE DOLLARS TO COVER THE ACTUAL COSTS9 RELATED TO THE SEALING OF THE CONVICTION RECORDS, WHICH MAY BE10 WAIVED BY THE COURT UPON A DETERMINATION OF INDIGENCY.11 (b) WHEN THE MOTION TO SEAL THE CRIMINAL CASE IS FILED IN12 STATE COURT, THE PROCESSING FEES COLLECTED UNDER SUBSECTION13 (2)(a) OF THIS SECTION MUST BE TRANSMITTED TO THE STATE TREASURER14 AND CREDITED TO THE JUDICIAL STABILIZATION CASH FUND CREATED IN15 SECTION 13-32-101 (6).16 (c) WHEN THE MOTION TO SEAL THE CRIMINAL CASE IS FILED IN17 MUNICIPAL COURT, THE PROCESSING FEES COLLECTED UNDER SUBSECTION18 (2)(a) OF THIS SECTION MUST BE REPORTED AND PAID AS MUNICIPAL COSTS19 AND MUST BE TRANSMITTED TO THE TREASURER OF THE MUNICIPALITY20 AND DEPOSITED IN THE GENERAL FUND OF THE MUNICIPALITY PURSUANT21 TO SECTION 13-10-115.22 (3) Applicability. (a) THE PROVISIONS OF THIS SECTION APPLY23 ONLY TO CONVICTION RECORDS PERTAINING TO JUDGMENTS OF24 CONVICTION ENTERED FOR:25 (I) ANY CONVICTION FOR A VIOLATION OF A PROVISION OF ARTICLE26 18 OF TITLE 18 WHEN THE CONVICTION IS FOR A LEVEL 4 DRUG FELONY OR27 SB19-008-8- ANY DRUG MISDEMEANOR INVOLVING THE POSSESSION OF A CONTROLLED1 SUBSTANCE;2 (II) ANY CONVICTION FOR A VIOLATION PRIOR TO OCTOBER 1,3 2013, OF A PROVISION OF ARTICLE 18 OF TITLE 18 WHEN THE CONVICTION4 IS FOR A FELONY OR MISDEMEANOR OFFENSE WHEN THE UNDERLYING5 FACTUAL BASIS OF THE OFFENSE DEMONSTRATES THAT THE OFFENSE6 WOULD HAVE BEEN CLASSIFIED AS A LEVEL 4 DRUG FELONY OR DRUG7 MISDEMEANOR INVOLVING THE POSSESSION OF A CONTROLLED SUBSTANCE8 IF THE OFFENSE HAD BEEN COMMITTED ON OR AFTER OCTOBER 1, 2013;9 AND10 (III) ANY CONVICTION FOR A VIOLATION OF ANY MUNICIPAL CODE11 WHERE THE OFFENSE INVOLVES THE POSSESSION OF A CONTROLLED12 SUBSTANCE.13 (b) NOTWITHSTANDING ANY PROVISION OF LAW TO THE14 CONTRARY, MOTIONS FILED UNDER THIS SECTION ARE PROCEDURAL IN15 NATURE, AND SEALING PURSUANT TO THIS SECTION APPLIES16 RETROACTIVELY FOR ALL ELIGIBLE CASES.17 (c) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO18 CONVICTION RECORDS THAT ARE IN THE POSSESSION OF A CRIMINAL19 JUSTICE AGENCY WHEN AN INQUIRY CONCERNING THE CONVICTION20 RECORDS IS MADE BY ANOTHER CRIMINAL JUSTICE AGENCY.21 SECTION 6. In Colorado Revised Statutes, 27-60-106, add (5)22 as follows:23 27-60-106. Jail-based behavioral health services program -24 purpose - created - funding. (5) (a) THE OFFICE SHALL REQUIRE A25 COUNTY JAIL THAT RECEIVES FUNDING THROUGH THE PROGRAM TO ALLOW26 MEDICATION-ASSISTED TREATMENT, AS IT IS DEFINED IN SECTION27 SB19-008-9- 23-21-803, TO BE PROVIDED, AS NECESSARY, TO INDIVIDUALS CONFINED1 IN THE COUNTY JAIL.2 (b) A SHERIFF WHO IS THE CUSTODIAN OF A COUNTY JAIL OR CITY3 AND COUNTY JAIL MAY ENTER INTO AGREEMENTS WITH COMMUNITY4 AGENCIES, BEHAVIORAL HEALTH ORGANIZATIONS, AND SUBSTANCE USE5 DISORDER TREATMENT ORGANIZATIONS TO ASSIST IN THE DEVELOPMENT6 AND ADMINISTRATION OF MEDICATION-ASSISTED TREATMENT IN THE JAIL.7 SECTION 7. Appropriation. (1) For the 2019-20 state fiscal8 year, $1,700,000 is appropriated to the department of human services for9 use by the office of behavioral health. This appropriation is from the10 general fund. To implement this act, the office may use this appropriation11 for jail-based behavioral health services.12 (2) For the 2019-20 state fiscal year, $3,450,000 is appropriated13 to the department of human services for use by the office of behavioral14 health. This appropriation is from the general fund. To implement this act,15 the office may use this appropriation for criminal justice diversion16 programs.17 (3) For the 2019-20 state fiscal year, $1,450,000 is appropriated18 to the department of human services for use by the office of behavioral19 health. This appropriation is from the general fund. To implement this act,20 the office may use this appropriation for criminal justice diversion21 programs.22 SECTION 8. Act subject to petition - effective date. This act23 takes effect at 12:01 a.m. on the day following the expiration of the24 ninety-day period after final adjournment of the general assembly (August25 2, 2019, if adjournment sine die is on May 3, 2019); except that, if a26 referendum petition is filed pursuant to section 1 (3) of article V of the27 SB19-008-10- state constitution against this act or an item, section, or part of this act1 within such period, then the act, item, section, or part will not take effect2 unless approved by the people at the general election to be held in3 November 2020 and, in such case, will take effect on the date of the4 official declaration of the vote thereon by the governor.5 SB19-008-11- ITEM NO: DATE: March 11, 2019 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 18-2019 – A RESOLUTION AUTHORIZING WHEAT RIDGE’S PARTICIPATION IN THE 2019 METRO MORTGAGE ASSISTANCE PLUS PROGRAM AND DELEGATING TO THE CITY AND COUNTY OF DENVER THE AUTHORITY OF WHEAT RIDGE TO TAKE ACTION AND EXERCISE POWER UNDER A DELEGATION AND PARTICIPATION AGREEMENT ON BEHALF OF WHEAT RIDGE WITH RESPECT TO THE PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: This is a renewal of an authorization of a Delegation and Participation Agreement with the City and County of Denver to participate in the 2019 Metro Mortgage Assistance (MMA) Plus Program. MMA Plus provides competitive mortgage loans which will be coupled with down payment and closing cost assistance in connection with financing mortgage loans for low- and moderate- income persons or families. PRIOR ACTION: The City has participated in this program since April 2013 when it was first approved by Council. FINANCIAL IMPACT: There is no cost to the City to participate in the program. The City & County of Denver pays the startup costs and the ongoing operational costs for the program. Council Action Form – Metro Mortgage Assistance Plus Program March 11, 2019 Page 2 BACKGROUND: The City & County of Denver (Denver) is continuing to provide down payment and closing cost assistance paired with competitive, fixed-rate, 30-year VA and FHA loans. Since inception to January 31, 2019, the program provided a grant of up to four percent for the down payment assistance. Due to the secondary mortgage market, pricing the loans coupled with a grant no longer generate sufficient value to provide the down payment assistance at a competitive rate for the borrowers. Beginning February 1, 2019, when a qualified person applies for a 30-year fixed rate mortgage, Denver helps with down payment and closing cost assistance from three to five percent of the loan, and also provides the down payment assistance by way of a no interest second loan that is forgivable after 36 months. This is expected to lower the interest rate to the borrowers. The City previously participated in programs offered by Denver to lower the cost of homeownership when it first joined the program in 2013. Through the Metro Mortgage Assistance program (MMA), down-payment and closing cost assistance grants (DPA) and below-market rate, 30-year fixed loans were offered to income qualified, first-time homebuyers. Since the City first participated in the program, MMA helped originate nine loans in Wheat Ridge, for a total of $2,172,307 in loan amount, and $86,892 in down payment assistance. At this point, the City’s participation in MMA (now known as metro DPA) is up for renewal. As in the prior bond programs, there is no cost or liability for an MMC jurisdiction to participate. As part of the renewal process, all jurisdictions must execute the attached two-page "Delegation and Participation Agreement" with Denver, allowing MMA Plus mortgage loans with DPA to be made in that jurisdiction. Upon receipt of an executed Participation Agreement the jurisdiction will remain in the eligible loan area for the duration of the program, unless the jurisdiction should withdraw prior or the program discontinues. RECOMMENDATION: Staff recommends that City Council execute the Delegation and Participation Agreement with the City and County of Denver to participate in the 2019 Metro Mortgage Assistance Plus Program. RECOMMENDED MOTION: “I move to approve Resolution No. 18-2019, a resolution authorizing Wheat Ridge’s participation in the 2019 Metro Mortgage Assistance Plus Program and delegating to the City and County of Denver the authority of Wheat Ridge to take action and exercise power under a Delegation and Participation Agreement on behalf of Wheat Ridge with respect to the Program.” Or, “I move to table indefinitely Resolution No. 18-2019, a resolution authorizing Wheat Ridge’s participation in the 2019 Metro Mortgage Assistance Plus Program for the following reason(s) _________________________________________________________________________.” Council Action Form – Metro Mortgage Assistance Plus Program March 11, 2019 Page 3 REPORT PREPARED/REVIEWED BY: Marianne, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 18-2019 Exhibit 1 - Delegation and Participation Agreement 2. City of Denver MMA Plus PowerPoint Slides CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 18 Series of 2019 TITLE: A RESOLUTION AUTHORIZING AND APPROVING WHEAT RIDGE’S PARTICIPATION IN THE METRO MORTGAGE ASSISTANCE PLUS PROGRAM, AND AUTHORIZING THE EXECUTION OF THE DELEGATION AND PARTICIPATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the State of Colorado (the “State”) Constitution Article XIV, Section 18(2)(a) provides that nothing in the Constitution shall prohibit any of the State’s political subdivisions from cooperating with one another to provide any service lawfully authorized to each of the cooperating units; and WHEREAS, the City and County of Denver, Colorado (“Denver”) is authorized pursuant to its Home Rule Charter to promote the financing of mortgage loans for low- and moderate- income persons or families intended for use as the sole place of residence by the owners or intended occupants thereof; and WHEREAS, Denver sponsors the Metro Mortgage Assistance Plus Program to provide competitive mortgage loans which will be coupled with down payment and closing cost assistance in connection with financing mortgage loans for low- and moderate- income persons or families intended for use as the sole place of residence by the owners or intended occupants thereof (the “Program”); and WHEREAS, Denver has invited Wheat Ridge (the “City”) to participate in the Program; and WHEREAS, the City has the full legal authority to participate in the Program pursuant to its Home Rule Charter and the general powers granted to it in Title 29, Article 1, Section 203 of the Colorado Revised Statutes, as amended; and Title 31, Article 15, Section 101 et seq., Colorado Revised Statutes, as amended (collectively, the “Act”); and WHEREAS, the City desires to delegate to Denver the authority of the City to take action and exercise power under the Act on behalf of the City with respect to the Program within the City’s boundaries; NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council: Section 1. In order to benefit the residents of the City, the City Council authorizes and approves its participation in the Program in connection with the financing of mortgage loans for low–and moderate–income families or persons intended for use as the sole place of residence by the owners or intended occupants thereof, and the City delegates to Denver the authority of the City to take action and exercise power under the Act on behalf of the City with respect to the Program. ATTACHMENT 1 Section 2. The Mayor of the City is hereby authorized and directed to execute and deliver and the City Clerk is hereby authorized and directed to attest and deliver the Delegation and Participation Agreement attached hereto as Exhibit 1 and such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the City’s participation in the Program. Section 3. Nothing contained in this Resolution or the Assignment shall constitute a debt, indebtedness or multiple-fiscal year direct or indirect debt or other financial obligation of the City within the meaning of the Constitution or statutes of the State of Colorado or the home rule charter of any political subdivision thereof, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 4. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 5. This Resolution shall be in full force and effect upon its passage and approval. DONE AND RESOLVED this 11th day of March, 2019. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk DELEGATION AND PARTICIPATION AGREEMENT This DELEGATION AND PARTICIPATION AGREEMENT, dated as of March 11, 2019 (this “Delegation and Participation Agreement”), is by and between the CITY OF WHEAT RIDGE, a city and political subdivision duly organized and existing under the laws and Constitution of the State of Colorado (“Wheat Ridge”) and the CITY AND COUNTY OF DENVER, COLORADO, a legally and regularly created, established, organized and existing home rule charter city and political subdivision under the Constitution and statutes of the State of Colorado (“Denver”); R E C I T A L S: WHEREAS, the State of Colorado (the “State”) Constitution Article XIV, Section 18(2)(a) provides that nothing in the Constitution shall prohibit any of the State’s political subdivisions from cooperating with one another to provide any service lawfully authorized to each of the cooperating units; and WHEREAS, Denver is authorized pursuant to its Home Rule Charter to promote the financing of mortgage loans for low- and moderate- income persons or families intended for use as the sole place of residence by the owners or intended occupants and to promote the public health, welfare, safety, convenience and prosperity of the people of Denver; and WHEREAS, Denver sponsors the Metro Mortgage Assistance Plus Program to provide competitive mortgage loans which will be coupled with down payment and closing cost assistance in connection with financing mortgage loans for low- and moderate- income persons or families intended for use as the sole place of residence by the owners or intended occupants thereof (the “Program”); and WHEREAS, Denver has invited Wheat Ridge to participate in the Program; and WHEREAS, Wheat Ridge has the full legal authority to participate in the Program pursuant to [the general powers granted to it in Title 29, Article 1, Section 203 of the Colorado Revised Statutes, as amended; Title 31, Article 15, Section 101 et seq., Colorado Revised Statutes, as amended; and the Resolution adopted by Wheat Ridge City Council authorizing Wheat Ridge’s participation in the Program] pursuant to this Delegation and Participation Agreement (collectively the “Act”); and WHEREAS, Wheat Ridge desires to delegate to Denver the authority of Wheat Ridge to take action and exercise power under the Act on behalf of Wheat Ridge with respect to the Program within Wheat Ridge’s unincorporated boundaries; NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, Wheat Ridge and Denver hereby agree as follows: Section 1. Wheat Ridge hereby delegates to Denver the authority of Wheat Ridge to take action and exercise power under the Act on behalf of Wheat Ridge with respect to the Program within Wheat Ridge’s boundaries. EXHIBIT 1 Section 2. Denver hereby accepts the delegation of authority from Wheat Ridge pursuant to Section 1 hereof and agrees to abide by each of the terms and conditions of this Delegation and Participation Agreement in connection with the use of such delegation. Denver agrees to make the Program available to Wheat Ridge for the origination of home mortgages within Wheat Ridge’s unincorporated boundaries. Section 3. In the event that the Program is discontinued by Denver, this Delegation and Participation Agreement, and all duties, obligations and rights of Denver and Wheat Ridge hereunder, shall terminate. If the Program is terminated, Wheat Ridge agrees to hold Denver harmless for any costs or any other liabilities incurred by Wheat Ridge with respect to the adoption and approval of this Delegation and Participation Agreement or any other Wheat Ridge actions related thereto. Section 4. Wheat Ridge’s participation in the Program pursuant to this Delegation and Participation Agreement shall not be construed as creating or constituting a general obligation or multiple fiscal year direct or indirect indebtedness or other financial obligation whatsoever of Wheat Ridge nor a mandatory payment obligation of Wheat Ridge in any fiscal year during which this Delegation and Participation Agreement shall be in effect. [Signatures on the following pages] IN WITNESS WHEREOF, Wheat Ridge and Denver have caused this Delegation and Participation Agreement to be executed and be effective as of __________ __, 20__. City of Wheat Ridge, Colorado [SEAL] By Bud Starker Mayor Attest: By Janelle Shaver City Clerk CITY AND COUNTY OF DENVER, COLORADO By Chief Financial Officer [Signature Page to Delegation and Participation Agreement] Down Payment Assistance Program Department of Finance Capital Planning and Programming Division ATTACHMENT 2 Bill #s: 18-1501 & 18-1502 Action and Recommendation: 18-1501: Approve project cost center change. 18-1502: Authorize and approve program documents to update the down payment assistance program. City Council Requested Action 2 Existing MMA+ Program Review 3 •Program started spring 2013•28 metro area cities and counties participate in program•4% down payment assistance (“DPA”) grant available to people seeking to purchase a home. •Buyers must meet standard loan qualifications (max. debt to income ratio, min FICO scores,) and participate in a homebuyer education course•Maximum qualifying income $125,860 •~80 partner originating lenders •Through end of Nov. 2018:•1,450 Households helped•~$320 Million in mortgages originated•~$12.8 Million in down payment assistance provided Program Update 4 •City issued an RFQ to identify qualified program partners to refresh the down payment assistance program. •The City sought responses exhibiting: •Innovations •Efficiencies •Enhancements •Strong borrower focus •George K. Baum was selected based on: •Focus on providing lowest mortgage rate to borrower •Desire and plan to expand existing program •Knowledge of local market Program Update 5 Using a two phased approach to update the DPA program •Phase 1-Implement Changes & Efficiencies •Change DPA from grant to a 0% interest forgivable 2nd mortgage •Provision of a cash subsidy by Freddie Mac, $1,500 for borrowers up to 80% AMI, $2,500 for borrowers up to 50% AMI •Update program documentation including agreements between partners •Phase 2-Additional Program Changes •Increase lender base (regional banks and credit unions) •Evaluate potential for additional subsidy support from City for Denver loans and from other partners in their jurisdictions. Updated Program Details6 •3%, 4%, & 5% down payment assistance provided •0%interest 2nd mortgage loan is forgivable after 3 years •2nd loan is repaid on pro rata basis if home is sold or refinanced •Home purchases only and no refinances •No maximum purchase price Home Buyer Requirements: •No first-time homebuyer requirement •Maximum qualifying income of $134,850 (150%of Denver AMI) •Minimum 640 FICO credit score •Homebuyer education required from HUD approved agencies Numerical Example of Using DPA 7 Comparison of 1st Year Housing Costs Utilizing the City’s DPA Program: •$300,000 Purchase Price •3.5% Down Payment Requirement •30 Year Mortgage Applicable % $ Amount Equivalent Applicable % $ Amount Equivalent Down Payment 3.5%$10,500 3.5%$10,500 Estimated Closing Costs 1%$2,895 1%$2,895 MMA+ Down Payment Assistance 4%($11,580)0%$0 1st Year of Mortgage Payments (Principal and Interest) @ 6.125% Interest Rate $21,108 @ 5.125% Interest Rate $18,915 Total 1st Year of Housing Costs *All else equal 1st Year of Housing Cost Savings from Utilizing the MMA+ DPA Program: Using City DPA Program Not Using City DPA Program Housing Cost Comparison after 1st Year* Housing Cost Type $22,923 $32,310 $9,387 Schedule: Dec. 19th -SAFEHOUSE Committee Presentation Dec. 25th - Mayor Council Canceled, proceed on consent Jan. 7th - 1 st Reading Jan. 14th - 2 nd Reading Jan. 18th - Ordinance Effective City Council Schedule 8 APPENDIX 9 Program Flow10 TUTORIAL: 1. Program rates set daily based on prevailing pricing in the market. Rates & guidelines posted on eHousingplus website. 2. Loan origination through participating lenders. Borrowers use approved lenders. 3. GKB hedges against a change in interest rates using the secondary market 4. Master Servicer (USBank) purchases loans 5. Master Servicer pools loans & creates MBS 6. GKB purchases MBS at agreed upon price, CSG monitors the program 7. GKB sells MBS in cash market 8. Must generate sufficient proceeds to pay costs Program rates set daily based on prevailing market pricing Loan origination through participating lenders GKB hedges against a change in interest rates using the secondary market USBank purchases individual loans USBank pools loans& creates MBS GKB purchases MBS at agreed upon price GKB sells MBS in cash market Must generate sufficient proceeds to pay costs Program Partners 11 Sponsor - City and County of Denver Purchaser –George K. Baum and Company Bond Counsel –Kutak Rock,LLP Financial Advisor – CSG Advisors Program Administrator – eHousing Servicer &Custodial Agent– USBank Local Lenders Mayor’s Caucus Municipalities