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HomeMy WebLinkAboutStudy Session Agenda Packet 03-15-21STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO March 15, 2021 6:30 p.m. This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting; the public may not attend in person. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on March 15, 2021) 2. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code: 922 5658 4901 Passcode: 663868 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view 4. Individuals who, due to technology limitations, are unable to participate in the meeting virtually (via the Zoom platform) or by calling in on the telephone may contact Danitza Sosa, Assistant to the Mayor and City Council, at 303-235-2977 by noon on the day of the meeting. Arrangements will be made for those individuals to access City Hall during the meeting to view the meeting and provide public comment if desired. These comments will be heard and seen in real time by members of Council and City staff. Individuals accessing City Hall must practice social distancing, wear a mask or other facial covering and be free of COVID-19 symptoms. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. Citizen Comment on Agenda Items 1. 2021 Colorado Legislative Update 2. Delegation of Private Activity Bond Cap to Foothills Regional Housing 3. Staff Report(s) 4. Elected Officials’ Report(s) ADJOURNMENT Item No. 1 Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: Marianne Schilling, Assistant to the City Manager DATE: March 15, 2021 SUBJECT: 2021 Colorado Legislative Update ISSUE: The 2021 Colorado Legislative Update will be held virtually on Monday, March 15, 2021 during a City Council study session. The Legislative Update is an opportunity for the City’s elected officials and staff to discuss legislative priorities, current legislation and Wheat Ridge positions/priorities for the 2021 session. Senator Jessie Danielson and Representative Monica Duran will be in attendance, and Colorado Municipal League Legislative Advocacy Manager Meghan Dollar will be available to review legislation and answer questions. Agenda: • 2021 Legislative Session Preview: o Senator Jessie Danielson o Representative Monica Duran • Discussion of Priority Legislative Issues: o CML o City Council o City Department Directors ATTACHMENTS: 1. CML Box Score of Bills 2. CML Bill List 3. 2021 Legislative Priorities CML BOX SCORE OF SUPPORT AND OPPOSE BILLS - 2021 **Positions are of�cial unless "Policy Committee" or "CML Board" deliberation is indicated** Bill #Staff Board/Policy Committee PI'd/Signed Position Calendar Noti�cation Short Title Sponsors Most Recent Status HB21-1008 Heather Stauffer  Support Monday, March 8 2021 GENERAL ORDERS - SECOND READING OF BILLS (5) in house calendar. Forest Health Project Financing  J. Arndt (D) | M. Catlin (R) / J. Cooke (R) | C. Hansen (D)  3/4/2021 House Committee on Finance Refer Amended to House Committee of the Whole HB21-1021 Beauclarine Thomas  Support Tuesday, March 9 2021 Public & Behavioral Health & Human Services 1:30 p.m. Room 0112 (3) in house calendar. Peer Support Professionals Behavioral Health  R. Pelton (R) | Y. Caraveo (D)  2/16/2021 Introduced In House - Assigned to Public & Behavioral Health & Human Services HB21-1025 Heather Stauffer  Support NOT ON CALENDAR Nonsubstantive Emails And Open Meetings Law  J. Arndt (D) / J. Ginal (D)  3/4/2021 Introduced In Senate - Assigned to State, Veterans, & Military Affairs HB21-1027 Beauclarine Thomas  Neutral NOT ON CALENDAR Continue Alcohol Beverage Takeout And Delivery  C. Larson (R) | D. Roberts (D) / J. Bridges (D) | K. Priola (R)  3/3/2021 House Committee on Business Affairs & Labor Refer Amended to Finance HB21-1028 Meghan Dollar  Support Wednesday, March 10 2021 Transportation & Annual Public Report Affordable Housing  S. Bird (D) | J. Rich (R) / T. Story (D) | R. Woodward (R)  2/16/2021 Introduced In House - Assigned to Transportation & Local Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id=28744&pk=378 1 of 6 03/05/2021, 10:13 AM ATTACHMENT 1 Local Government 1:30 p.m. Room LSB-A (1) in house calendar. Government HB21-1030 Beauclarine Thomas  Support Friday, March 5 2021 Public & Behavioral Health & Human Services Upon Adjournment Room 0112 (1) in house calendar. Expanding Peace Of�cers Mental Health Grant Program  J. McCluskie (D) | H. McKean (R) / J. Buckner | J. Cooke (R)  2/16/2021 Introduced In House - Assigned to Public & Behavioral Health & Human Services + Appropriations HB21-1034 Meghan MacKillop  Postponed Inde�nitely - 3/3/2021  Oppose NOT ON CALENDAR Consumer Right To Use Natural Gas Or Propane  D. Woog  3/3/2021 House Committee on Energy & Environment Postpone Inde�nitely HB21-1045 Heather Stauffer  Support Friday, March 5 2021 THIRD READING OF BILLS - FINAL PASSAGE (1) in house calendar. Invasive Pest Control Administration  M. Young (D) | D. Valdez (D) / R. Fields (D)  3/4/2021 House Second Reading Passed with Amendments - Floor HB21-1049 Meghan Dollar  Postponed Inde�nitely- 2/25/2021  Oppose NOT ON CALENDAR Prohibit Discrimination Labor Union Participation  T. Van Beber | K. Ransom (R)  2/25/2021 House Committee on Business Affairs & Labor Postpone Inde�nitely HB21-1051 Heather Stauffer  Support Thursday, March 11 2021 Business Affairs & Labor 1:30 p.m. Room 0112 (2) in house calendar. Public Information Applicants For Public Employment  T. Geitner (R) | S. Bird (D)  2/16/2021 Introduced In House - Assigned to Business Affairs & Labor HB21-1071 Heather Stauffer  Support Thursday, March 11 2021 Finance Upon Adjournment Room 0112 (1) in house calendar. Ranked Choice Voting In Nonpartisan Elections  C. Kennedy (D) | J. Arndt (D) / S. Fenberg (D)  2/22/2021 House Committee on State, Civic, Military, & Veterans Affairs Refer Amended to Finance Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id=28744&pk=378 2 of 6 03/05/2021, 10:13 AM HB21-1097 Beauclarine Thomas  Support Tuesday, March 9 2021 Public & Behavioral Health & Human Services 1:30 p.m. Room 0112 (2) in house calendar. Establish Behavioral Health Administration  M. Young (D) | R. Pelton (R) / R. Fields (D)  2/16/2021 Introduced In House - Assigned to Public & Behavioral Health & Human Services HB21-1105 Heather Stauffer  Support Monday, March 8 2021 Finance 1:30 p.m. Room 0112 (4) in house calendar. Low-income Utility Payment Assistance Contributions  C. Kennedy (D) / C. Hansen (D)  2/16/2021 Introduced In House - Assigned to Finance HB21-1109 Meghan MacKillop  Support Thursday, March 11 2021 Finance Upon Adjournment Room 0112 (3) in house calendar. Broadband Board Changes To Expand Broadband Service  B. Titone (D) | M. Soper (R)  2/24/2021 House Committee on Transportation & Local Government Refer Amended to Finance HB21-1110 Heather Stauffer  Oppose unless amended  Wednesday, March 17 2021 Judiciary 1:30 p.m. Room 0107 (1) in house calendar. Colorado Laws For Persons With Disabilities  D. Ortiz  2/16/2021 Introduced In House - Assigned to Judiciary HB21-1111 Heather Stauffer  Oppose Thursday, March 18 2021 House State, Civic, Military, & Veterans Affairs Upon Adjournment Room LSB-A (1) in house calendar. Consent Collection Personal Information  H. McKean (R) 2/16/2021 Introduced In House - Assigned to State, Civic, Military, & Veterans Affairs + Finance HB21-1117 Meghan Dollar  Support Wednesday, March 10 2021 Transportation & Local Government 1:30 p.m. Room LSB-A (3) in house calendar. Local Government Authority Promote Affordable Housing Units  S. Lontine (D) | S. Gonzales- Gutierrez (D) / J. Gonzales (D) | R. Rodriguez (D)  2/16/2021 Introduced In House - Assigned to Transportation & Local Government Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id=28744&pk=378 3 of 6 03/05/2021, 10:13 AM HB21-1127 Meghan MacKillop  Oppose Tuesday, March 16 2021 Transportation & Local Government 1:30 p.m. Room LSB-A (3) in house calendar. County General Fund Money For Roads And Bridges  A. Pico  2/19/2021 Introduced In House - Assigned to Transportation & Local Government + Finance HB21-1162 Meghan MacKillop  Support Thursday, March 11 2021 Energy & Environment 1:30 p.m. Room LSB-A (3) in house calendar. Management Of Plastic Products  A. Valdez (D) | L. Cutter (D) / J. Gonzales (D)  3/3/2021 Introduced In House - Assigned to Energy & Environment + Finance HB21-1168 Beauclarine Thomas  Oppose Unless Amended  NOT ON CALENDAR Historically Underutilized Businesses Local Government Procurement  J. Bacon | N. Ricks / C. Kolker   3/4/2021 Introduced In House - Assigned to Transportation & Local Government HJR21-1002 Heather Stauffer  Support NOT ON CALENDAR Water Projects Eligibility Lists  J. Arndt (D) / K. Donovan (D)  3/4/2021 Senate Committee on Agriculture & Natural Resources Refer Unamended to Senate Committee of the Whole SB21-031 Meghan Dollar  Oppose unless amended  NOT ON CALENDAR Limits On Governmental Responses To Protests  J. Bridges (D) / L. Cutter (D)  2/16/2021 Introduced In Senate - Assigned to Judiciary SB21-034 Heather Stauffer  Oppose Thursday, March 11 2021 SENATE AGRICULTURE & NATURAL RESOURCES COMMITTEE 1:30 PM SCR 352 (1) in senate calendar.   Water Resource Financing Enterprise  D. Coram (R) 2/16/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id=28744&pk=378 4 of 6 03/05/2021, 10:13 AM SB21-054 Heather Stauffer  Support Friday, March 5 2021 THIRD READING OF BILLS - FINAL PASSAGE (19) in house calendar.   Transfers For Wild�re Mitigation And Response  C. Hansen (D) | B. Rankin (R) / J. McCluskie (D)  3/4/2021 House Second Reading Passed - No Amendments SB21-060 Meghan MacKillop  Support, if amended  NOT ON CALENDAR Expand Broadband Service  K. Donovan (D) / D. Roberts (D)  2/16/2021 Introduced In Senate - Assigned to Business, Labor, & Technology SB21-062 Meghan Dollar  Oppose unless amended  NOT ON CALENDAR Jail Population Management Tools  P. Lee (D) / A. Benavidez (D)  3/4/2021 Senate Committee on Judiciary Refer Amended to Appropriations SB21-064 Meghan Dollar  Support Thursday, March 18 2021 SENATE JUDICIARY COMMITTEE 1:30 PM Old Supreme Court (1) in senate calendar.   Retaliation Against An Elected Of�cial  L. Garcia (D) | J. Cooke (R) / K. Mullica (D)  2/16/2021 Introduced In Senate - Assigned to Judiciary + Appropriations SB21-082 Beauclarine Thomas  Oppose unless amended  Monday, March 8 2021 SENATE FINANCE COMMITTEE 1:30 PM Old Supreme Court (4) in senate calendar.   Alcohol Beverage Festival For Tastings And Sales  K. Priola (R) | B. Pettersen (D) / K. Mullica (D)  3/1/2021 Senate Committee on Business, Labor, & Technology Refer Amended to Finance SB21-084 Meghan MacKillop  Support Tuesday, March 9 2021 SENATE LOCAL GOVERNMENT COMMITTEE 2:00 PM SCR 352 (1) in senate calendar.   Local Government Authority Roughed-in Roads  J. Smallwood (R) / M. Gray (D)  2/16/2021 Introduced In Senate - Assigned to Local Government SB21-086 Beauclarine Thomas  Oppose Unless Amended  NOT ON CALENDAR Beer Delivery By Third- party Services  L. Liston / T. Geitner (R)  2/16/2021 Introduced In Senate - Assigned to Business, Labor, & Technology Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id=28744&pk=378 5 of 6 03/05/2021, 10:13 AM SB21-088 Heather Stauffer  Oppose unless amended  Thursday, March 11 2021 SENATE JUDICIARY COMMITTEE 1:30 PM Old Supreme Court (1) in senate calendar.   Child Sexual Abuse Accountability Act  J. Danielson (D) | R. Fields (D) / D. Michaelson Jenet (D) | M. Soper (R)  2/16/2021 Introduced In Senate - Assigned to Judiciary SB21-110 Meghan MacKillop  Support Friday, March 5 2021 THIRD READING OF BILLS - FINAL PASSAGE (24) in house calendar.   Fund Safe Revitalization Of Main Streets  R. Zenzinger (D) | K. Priola (R) / L. Herod (D) | T. Exum (D)  3/4/2021 House Second Reading Passed - No Amendments SB21-113 Heather Stauffer  Support Friday, March 5 2021 THIRD READING OF BILLS - FINAL PASSAGE (26) in house calendar.   Fire�ghting Aircraft Wild�re Mgmt And Response  S. Fenberg (D) | B. Rankin (R) / J. McCluskie (D) | M. Lynch   3/4/2021 House Second Reading Passed - No Amendments SB21-122 Beauclarine Thomas  Support Wednesday, March 10 2021 SENATE HEALTH AND HUMAN SERVICES COMMITTEE 1:30 PM SCR 357 (2) in senate calendar.   Opiate Antagonist Bulk Purchase And Standing Orders  J. Ginal (D) / M. Froelich (D)  2/23/2021 Introduced In Senate - Assigned to Health & Human Services SB21-136 Heather Stauffer  Support NOT ON CALENDAR Sunset Forest Health Advisory Council  J. Ginal (D) | D. Coram (R)  3/1/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources SB21-166 Heather Stauffer  Support NOT ON CALENDAR Colorado Fire Commission Recommendations  B. Rankin (R) | S. Fenberg (D) / J. McCluskie (D) | P. Will (R)  3/2/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources Dossier | State Bill Colorado https://statebillinfo.com/SBI/index.cfm?fuseaction=Public.Dossier&id=28744&pk=378 6 of 6 03/05/2021, 10:13 AM In This Section CML Bill List Affordable Housing - Inclusionary Zoning to Include Rental Development January 12, 2021 CML is again running priority legislation to allow local governments to utilize inclusionary zoning policies to increase the supply of affordable housing.  CML Bill List Home >Advocacy & Legal >Statehouse Report >CML Bill List CML boxscore of support and oppose bills CML-followed house bills CML-followed senate bills About CML Job Board Store CML Member Directory Login Search Advocacy & Legal Networking & Events Education & Training Publications & News Topics & Key Issues CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list 1 of 11 03/05/2021, 10:14 AM ATTACHMENT 2 Beer and Liquor- Alcohol Beverage Festival For Tastings And Sales February 22, 2021 This bill concerns the authorization for certain alcohol beverage license holders to hold festivals for alcohol beverage retail activity. Beer and Liquor- Beer Delivery By Third-party Services February 22, 2021 This bill allows third-party delivery of fermented malt beverages Building Codes - Updating Modular Homes Statues January 12, 2021 This is an analysis of a potential bill to update the modular homes statute.  Criminal Justice - Expanding Peace Of�cers Mental Health Grant Program February 22, 2021 This bill expands the Peace Of�cers Mental Health Support Grant Program to include community CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list 2 of 11 03/05/2021, 10:14 AM partnerships. Criminal Justice - Increased Penalties for Threats Against Elected Of�cials February 22, 2021 This bill creates increased penalties for threats and harassment against elected of�cials.  Criminal Justice - Jail Depopulation Management Tools February 22, 2021 This legislation creates new arrest standards and sets different thresholds for monetary bond.  Criminal Justice - Local Government Response to Protests February 22, 2021 This bill addresses local government responses to protests Elections - Ranked Choice Voting In Nonpartisan Elections March 1, 2021 Concerning the use of ranked choice voting in CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list 3 of 11 03/05/2021, 10:14 AM nonpartisan elections.  Elections - Recall Election Statute Cleanup January 12, 2021 A cleanup bill for statutes related to Title 1 and Title 31 recall elections.  Employment and Labor - Prohibition on Discrimination of Employees Based on Labor Participation February 22, 2021 This bill prohibits an employer from discriminating against an employee based on union participation.  Lottery and Gaming - Lottery Reimagined for Bene�ciaries February 22, 2021 This article is about a Joint Budget Committee decision item to expand the use of video monitor gaming devices statewide.  Marijuana - Codifying Marijuana Executive Orders January 12, 2021 CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list 4 of 11 03/05/2021, 10:14 AM This bill will codify the marijuana Executive Orders related to COVID-19. Marijuana - Potential Changes to Medical Marijuana Statutes January 12, 2021 This is an a review of two potential legislation regarding medical and recreational marijuana.  Natural Resources & Environment- Invasive Pest Control Administration February 22, 2021 This bill concerns the Department of Agriculture's authority to control pests.  Open Meeting/ Open Records - Colorado Laws for Persons With Disabilities February 22, 2021 The bill adds language to relevant Colorado statutes related to persons with disabilities, and adding a civil penalty for governmental entities who fail to substantially comply with web content accessibility guidelines established and published by an international consortium.  CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list 5 of 11 03/05/2021, 10:14 AM Open Meeting/ Open Records - Consent Collection Personal Information February 22, 2021 The bill concerns the possession of certain personal information by governmental entities. Open Meetings/ Open Records - Nonsubstantive Emails & Open Meetings Law January 12, 2021 This bill concerns a clari�cation under the Colorado Open Meetings Law of the requirements governing communication by electronic mail that does not relate to the substance of public business.  Open Meetings/ Open Records - Public Information Applicants For Public Employment February 22, 2021 This bill concerns publicly available information about applicants for public employment.  Public Health - Establish Behavioral Health Administration March 1, 2021 This bill requires the Department of Human Services to CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list 6 of 11 03/05/2021, 10:14 AM develop a plan for the creation of the Behavioral Health Administration , and to establish the BHA with speci�ed duties by July 1, 2022. Public Health - Opiate Antagonist Bulk Purchase And Standing Orders March 1, 2021 This bill allows local governments, harm reduction organizations, law enforcement agencies, or �rst responders to purchase bulk orders of opiate antagonists. Public Safety - Fire�ghting Aircraft Wild�re Management And Response March 1, 2021 This legislation concerns state funding of �re�ghting aircraft to respond to wild�res.  Public Safety - Forest Health Project Financing January 12, 2021 The bill clari�es legal authority for intergovernmental authorities to accomplish �re mitigation and forest improvement projects.  Public Safety - Nurse Intake of 911 Calls Grant Program CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list 7 of 11 03/05/2021, 10:14 AM February 22, 2021 This bill creates a pilot program to help �nance the use of nurse intake of 911 calls.  Public Safety - Transfers for Wild�re Mitigation and Response February 22, 2021 The bill transfers funds from the general fund to cash funds to be used to address wildland �res, and, in connection therewith, making an appropriation.  Sustainability - Consumer Right to Use Natural Gas or Propane February 22, 2021 This bill would invalidate state and local policies limiting the use of natural gas or propane. Sustainability - Energy Performance for Buildings February 22, 2021 This legislation creates a statewide energy performance benchmarking program to improve ef�ciency of large commercial properties. Sustainability - Management of Plastic Products CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list 8 of 11 03/05/2021, 10:14 AM February 22, 2021 This bill making sweeping changes in the management of plastics. Telecommunications - Broadband Board Changes to Expand Broadband Service February 22, 2021 This bill makes changes to the Broadband Deployment Board in order to expand broadband service in unserved areas.  Telecommunications - Expand Broadband Service February 22, 2021 This bill makes changes to the Broadband Deployment Board to expand broadband service to unserved areas. Transportation - County General Fund Money for Roads and Bridges February 22, 2021 This bill eliminates existing prohibitions on counties appropriating general fund money to fund roads and bridges.  CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list 9 of 11 03/05/2021, 10:14 AM Transportation - Local Government Authority Roughed-in Roads February 22, 2021 This bill allows local governments to prohibit the operation of motor vehicles on roughed-in roads. Utilities - Public Utility Commission Study on Community Choice Energy February 22, 2021 This legislation create a feasibility study on the concepts of “community choice energy” (CCE). Water - Low-income Utility Payment Assistance Contributions February 22, 2021 The bill concerns utility customers' �nancial contributions for low-income utility assistance.  Water - Water Resource Financing Enterprise February 22, 2021 The bill creates an enterprise that is exempt from the requirements of section 20 of article 10 of the state constitution to administer a fee-based water resources �nancing program.  CML Bill List | CML https://www.cml.org/home/advocacy-legal/statehouse-report/cml-bill-list 10 of 11 03/05/2021, 10:14 AM ATTACHMENT 3 Item No. 2 Memorandum TO: Mayor and City Council FROM: Patrick Goff, City Manager DATE: March 10, 2021 (for March 15, 2021 Study Session) SUBJECT: Delegation of Private Activity Bond Cap to Foothills Regional Housing ISSUE: The City of Wheat Ridge has received an allocation of $1,733,069 for the purpose of issuing Private Activity Bonds (PABs) in 2021 under the state ceiling imposed by the Tax Reform Act of 1987. Staff recommends assigning approximately $450,000 of the City’s allocation to Jefferson County Housing Authority d/b/a Foothills Regional Housing (FRH) which has agreed to issue PABs for the Allison Village redevelopment project in Arvada. Allison Village will be an affordable 100-unit, transit-oriented, environmentally sustainable community for youth, veterans and other low-income residents. The remaining allocation will be reserved for future affordable projects in Wheat Ridge, Jefferson County or Colorado. PRIOR ACTION: The City of Wheat Ridge has traditionally assigned the City’s PAB allocation to either the Colorado Housing and Finance Authority (CHFA) or the Metro Mayors Caucus for single family mortgage revenue bonds. The last allocation assignment was approved in 2011 to CHFA. Since 2011, neither CHFA nor the Metro Mayors Caucus were accepting applications for allocations because of the decline in the financial markets and the impact that has had on investor interest in PAB. Between 2012 and 2018, the City’s allocation was relinquished to the statewide balance for distribution to applicants by the Department of Local Affairs. City Council assigned the City’s 2019 and 2020 PAB cap to FRH for the Caesar Square Apartments project. FINANCIAL IMPACT: There is no direct financial impact to the City of Wheat Ridge. However, injecting PAB capital into the community has a direct impact on real estate, construction, and financial markets by stimulating economic activity and jobs. BACKGROUND: PABs are tax exempt bonds designed to offer low-cost financing to private sector borrowers for projects that create jobs and expand the tax bases of local communities. PABs may be used to finance a broad array of community development projects including housing, manufacturing, higher education, infrastructure, and environmental projects. The bonding authority which allows the issuance of PABs is Volume Cap, created under the federal Tax Reform Act of 1986. The federal government allocates a maximum amount of Volume Cap use to each state annually, Delegation of Private Activity Bond Cap Page 2 based on population. Per Colorado statute, the Department of Local Affairs (DOLA) administers the state’s allocation of Volume Cap. Under the statute, 50 percent of Colorado’s allocation is given to five statewide authorities, with DOLA deciding the proportional allocation of each. As a political subdivision of the state and an authority, CHFA is eligible to receive an allocation of Volume Cap, which it uses to issue tax exempt bonds throughout Colorado. CHFA uses its annual allocation to issue tax exempt bonds for single family mortgages, multifamily rental developments, manufacturers, and mortgage credit certificates. The remaining 50 percent of annual Volume Cap is allocated to local issuing authorities. A local issuing authority consists of “any city, town, county, or city and county which has a population in any year which would result in the local issuing authority having any allocation of the state ceiling in excess of one million dollars” (CRS 24-32-1702-8). After allocating Volume Cap to local issuing authorities, any remaining balance becomes available by application to the statewide balance. RECOMMENDATIONS: Staff recommends assigning the City’s PAB allocation to Foothills Regional Housing for the Allison Village redevelopment project in Arvada and future affordable projects in Wheat Ridge, Jefferson County or Colorado. ATTACHMENTS: 1. Memo from FRH 2. Assignment Resolution 3. PAB Allocation letter from DOLA 7490 West 45th Avenue, Wheat Ridge, CO 80033 ∙ Phone: 303.422.8600 ∙ Fax: 303.422.3229 Admin. Fax 720.974.5808 Colorado Relay 711 ∙ Web: www.jcha.org ATTACHMENT 1 February 14, 2021 Patrick Goff, City Manager City of Wheat Ridge 7500 W 29th Ave Wheat Ridge, CO 80033 RE: Request for 2021 Private Activity Bond Cap to Support Affordable Housing Dear Mr. Goff, The Jefferson County Housing Authority d/b/a Foothills Regional Housing (FRH) is the housing authority serving Colorado’s 774 square mile Jefferson County. FRH provides housing opportunities including affordable apartments, rental assistance vouchers, emergency home repairs, housing navigation, new development and redevelopment in both incorporated and unincorporated areas of Jefferson County. Our mission is to create vibrant, stable communities in areas of opportunity, via bold and strategic initiatives, and to provide families and individuals with housing options driven by compassion and respect throughout Jefferson County. FRH’s portfolio includes 20 rental properties with 1200+ units. Our mission is not achievable without the partnership of entities such as the City of Wheat Ridge. Allison Village is a redevelopment project consisting of new construction of 100-units serving 30% to 70% AMI that will replace an existing 37-unit community constructed in 1980, which is currently functionally obsolete. FRH has identified Allison Village as one of the properties in our portfolio with a significant need for reinvestment. FRH has received an award of federal 4% Low-Income Housing Tax Credits (LIHTC), state Affordable Housing Tax Credits, and Private Activity Bonds to fund approximately $36M in redevelopment/new construction investment and has secured equity and debt partners for placement of these resources. Former residents of the original 37 units received tenant protection vouchers to provide them ongoing rental assistance and the existing Section 8 rental assistance contract was transferred to another FRH senior citizen, low income property, so no affordability was lost in Jefferson County and a true net of 100 new affordable units is being created. The proposed multifamily building is wood framed, four stories over podium parking. The walls are literally being built in Jefferson County, at a prefabrication factory in Golden. It bears noting that the majority of the revenue generated from the construction and operations of Allison Village stays in Jefferson County, as the general contractor, design firm, property management team, and other firms engaged in the project reside in the metro area. The site is located near Olde Town Arvada, is in a walkable neighborhood, and is a 10-minute walk to the nearest RTD G Line transit station, while also remaining accessible to I-70. FRH is working in collaboration 2 with the City of Arvada planning department and adjacent property owners to design and construct trail improvements that will provide a link from the Allison Village site through the Water Tower Promenade to Olde Town Arvada. The scope of the new construction will incorporate energy efficient design (Enterprise Green Communities and U.S. Department of Energy Zero Energy Ready Homes certified), community space, urban parks, and two second floor terraces. This community will include approximately 30 units with a preference for youth transitioning out of foster care with services provided by partners such as Jefferson County Human Services Department, Court Appointed Special Advocates (CASA) of Jefferson/Gilpin Counties, Stride, and Red Rocks Community College. Nine (9) units will have a preference for veterans. Additionally, a small commercial space will be home to a job training facility and other service spaces benefiting our residents. FRH Housing Choice Vouchers will be project based at 39 units, allowing low income residents to pay approximately 30% of their income for rent. To meet the federal requirements of the 4% LIHTC that will finance these reinvestments, FRH requests that the City of Wheat Ridge assign the entirety ($1,733,069) of its 2021 Private Activity Bond (PAB) cap to FRH. FRH has also requested and received assignments of PAB cap from Golden, Arvada and Jefferson County in an effort to reach the necessary total. Additionally, FRH is itself contributing $4 million towards the redevelopment by deferring developer fee and a land carryback as construction capital sources. The remaining developer fee netted by FRH will be used as leverage to expand the organization’s portfolio of affordable housing and to stabilize existing properties throughout Jefferson County. The city’s support of this project will directly benefit the local economy in generating over $22M in construction costs alone, including many job creation opportunities. This reinvestment will allow FRH to secure affordability and increase housing supply by building 100 new Transit-Oriented, environmentally sustainable units at Allison Village. By doing so, we will create a long-term, high quality affordable asset that will serve as a welcoming place to call home for lower-income Jefferson County residents for decades to come. FRH is authorized under the relevant statutes, cited in the attached Assignment Resolution, to issue housing revenue bonds as private activity bonds for this or other (third party) qualifying “projects” within the statutory definition and agrees to pay all legal costs and meet all requirements of state and federal statutes related to this assignment and any subsequent carryforward. FRH anticipates a need for approximately $450k of 2021 Wheat Ridge PAB to complete the Allison Village project as described herein. FRH agrees to handle the issuance, assignment, and carryforward of any excess bond cap not utilized in a timely manner to finance Allison Village by assigning it other qualifying projects with a sequential preference for affordable FRH portfolio projects, City of Wheat Ridge affordable projects, Metro Denver area affordable projects, and finally Colorado affordable projects. We look forward to the opportunity to present this request to Wheat Ridge City Council. Sincerely, Amy Case Chief Financial Officer 4839-5845-6795.2 ATTACHMENT 2 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. __________ Series of 2021 A RESOLUTION APPROVING THE ASSIGNMENT TO THE JEFFERSON COUNTY HOUSING AUTHORITY D/B/A FOOTHILLS REGIONAL HOUSING OF $1,733,069 OF THE CITY OF WHEAT RIDGE, COLORADO’S 2021 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH. WHEREAS, the City of Wheat Ridge, Colorado (the “City”) has been awarded on January 1, 2021 $1,733,069 (the “2021 Allocation”) of the bond ceiling for the State of Colorado (the “State”) and its issuing authorities pursuant to the Colorado Private Activity Bond Ceiling Allocation Act, constituting Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the “Allocation Act”), for use in the issuance of private activity bonds; and WHEREAS, the Allocation Act provides for the assignment of bond allocations between “issuing authorities” (as defined in the Allocation Act) of the State; and WHEREAS, the Jefferson County Housing Authority d/b/a Foothills Regional Housing (the “Assignee”) is authorized to issue housing revenue bonds constituting private activity bonds pursuant to Part 5 of Article 4 of Title 29, Colorado Revised Statutes, as amended (the “Act”) and the Supplemental Public Securities Act, Part 2, Article 57, Title 11 of the Colorado Revised Statutes, as amended, (the “Supplemental Act”); and WHEREAS, the City desires to assign and transfer to the Assignee all of the City’s 2021 Allocation, which the City and the Assignee will commit and reserve for the issuance of such private activity bonds; and WHEREAS, the City and the Assignee intend that the 2021 Allocation be utilized for the purpose of assisting in the financing of “projects” within the meaning of Title 29, Article 4, Part 5, Colorado Revised Statutes, as amended, in Jefferson County, Colorado (the “Project”); and WHEREAS, it is necessary to evidence such assignment and transfer and the acceptance thereof by the execution and delivery by the City of an Assignment, dated as of _________, 2021 (the “Assignment”), by and between the City and the Assignee; and WHEREAS, the Assignee proposes to issue its housing revenue bonds pursuant to the Act and the Supplemental Act, to finance “projects” under the Act (the “Project”); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. In order to finance the Project, the City hereby (i) assigns and transfers to the Assignee an amount equal to the 2021 Allocation and (ii) approves, and authorizes and directs the Mayor or City Manager of the City, or in the absence of the Mayor or the City Manager, any 2 4839-5845-6795.2 other council member of the City Council (the “City Council”), to execute and deliver and the City Clerk to attest and deliver, the Assignment in substantially the form presented to the City Council, with such changes, not inconsistent herewith, as are approved by the person executing the Assignment (whose execution thereof shall constitute conclusive evidence of such approval). A copy of the proposed Assignment is on file in the office of the City Clerk and is available for inspection by the public. Section 2. The Mayor or the City Manager of the City or any other member of the City Council and all appropriate City officers are hereby authorized and directed to execute and deliver and the City Clerk is hereby authorized and directed to attest and deliver 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 Assignment and this Resolution. Section 3. All actions not inconsistent with the provisions of this Resolution heretofore taken by the City Council and the officers of the City directed toward the assignment of the 2021 Allocation and the authorization of the Assignment hereby are ratified, approved, and confirmed. Section 4. 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 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 5. 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 6. This Resolution shall be in full force and effect upon its passage and approval. 3 4839-5845-6795.2 INTRODUCED, READ, PASSED AND ADOPTED this ____ day of ______, 2021. CITY OF WHEAT RIDGE, COLORADO Bud Starker, Mayor [SEAL] ATTEST: Steve Kirkpatrick, City Clerk January 12, 2021 Patrick Goff City Manager City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge, CO 80033 Re: Private Activity Bond Allocation of $1,733,069 Dear Mr. Goff: I hereby certify that the above amount will be allocated to the respective local government for the purpose of issuing Private Activity Bonds (PAB) in 2021 under the state ceiling imposed by the Internal Revenue Code of 1986, as amended. In accordance with the provisions of C.R.S. 24-32-1709.5, a fee on bonds issued is due to DOLA for the portion of each issuance that originated from a direct allocation. The amount of this fee is subject to revision, but is currently 0.027% of bonds issued. This fee is also due within five working days of the bond closing. In the event that the full allocation amount is not issued, or the fee rate changes, the fee will be recalculated to reflect the actual amount issued and the rate in effect at the time of closing. If you have any questions, please contact Andrew Paredes at (303) 864-7822 or andrew.paredes@state.co.us. Sincerely, Rick M. Garcia Executive Director ATTACHMENT 3