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05-21-2021 SKHHP PacketSKHHP Executive Board May 21 2021, 12:00 - 3:00 PM Virtual - Zoom Meeting Video conference: https:Hzoom.us/j/99857398028?pwd—eXFiMmJpQmlabDZmMmRQbIINOYS8 d OR by phone: 253-215-8782 Meeting ID: 998 5739 8028 Password: 085570 I. Call to Order a. Roll Call b. Introductions 11. Review Agenda/Agenda Modifications 111. Approval of April 23, 2021 Minutes — Attachment A (action item) IV. Old Business a. Housing Capital Fund and 501(c)(3) with Cedar River Group (12:10 — 1:00) i. Summary of March and April Executive Board discussion (Attachment B) ii. Updated SKHHP Housing Capital Fund matrix (Attachment C) b. SKHHP Advisory Board update (1:00 — 1:10) V. New Business a. 2021 Quarterly progress and budget report — Attachment D (1:10 — 1:20) b. State Legislative Session wrap-up — Attachment E (1:20 — 1:45) c. Work plan priority setting and budget planning — Attachment F (1:45 — 2:50) VI. Updates/Announcements (as time allows) VII. Next Meeting — June 25, 2021 — 1:00 pm — 3:00 pm VIII. Adjourn ATTACH M ENT A SKEE: I. CALL TO ORDER SKHHP Executive Meeting April 23, 2021 MINUTES In the absence of Chair and Vice -Chair, Executive Manager, Angela San Filippo called the virtual meeting to order at 1:05 pm. II. ROLL CALL/ESTABLISHMENT OF QUORUM Executive Board members present: Merina Hanson, Alternate City of Kent; Colleen Brandt - Schluter, Alternate City of Burien; Joseph Cimaomo, City of Covington; Traci Buxton, City of Des Moines; Sarah Bridgeford, Alternate City of Federal Way; Sunaree Marshall, King County; Sue -Ann Hohimer, City of Normandy Park; Ryan Mclrvin, City of Renton; Tom McLeod, City of Tukwila. Other attendees: Angela San Filippo, SKHHP; Trish Abbate, SKHHP, Marty Kooistra, HDC; Patience Malaba, HDC; Hannah Bahnmiller, City of Renton; Laurel Humphrey, City of Tukwila; John Howell, Cedar River Group; Robert Feldstein, Cedar River Group; Nicole Nordholm, City of Des Moines; McCaela Daffern, King County; Alanna Peterson, Pacifica Law Group; Deanna Gregory, Pacifica Law Group; Chris Lovings, Eastside Legal Assistance Program; Katharine Nyden, Eastside Legal Assistance Program; Tram Tran-Larson, Housing Justice Project III. REVIEW AGENDA/AGENDA MODIFICATIONS No concerns or modifications with the agenda. IV. APPROVAL OF MARCH 26, 2021 MINUTES Joseph Cimaomo moved to approve the March 26, 2021 minutes as presented; Traci Buxton seconded the motion. Motion passed unanimously (8-0). Sue -Ann Hohimer missed first vote. V. OLD BUSINESS 1. SKHHP Housing Capital Fund with Cedar River Group San Filippo introduced John Howell and Robert Feldstein from Cedar River Group to continue the discussion on the SKHHP Housing Capital Fund. John Howell explained that today's conversation is a continuation of the high level conversation that began last month. Robert Feldstein reviewed last month's feedback and themes of pragmatism and a focus on impact to meet the greatest needs. Tom McLeod asked for feedback on pitfalls to avoid as we create the capital fund structure. Sunaree Marshall suggested if we are focused on greatest need to remember to not always pick the easiest option if there is something more impactful. Marty Kooistra suggested avoiding duplicating other potential resources with low or no leverage value. Howell introduced the following discussion questions: 1. How do you feel about the philosophy that in any given year contributions to the capital fund (from philanthropy or local funds from members) would be used in an individual jurisdiction/unincorporated area, but over time the funding support for projects would be spread across the SKHHP sphere of influence? Cimaomo — weight value of the project over specific geographic location, choosing what will best meet needs in South King County regardless of money coming from philanthropic or public funds. Page 2 of 28 ATTACH M ENT A Buxton — acknowledges the value of SKHHP is that it is a regional partnership and the benefit may be to the region over the specific cities in question. McCleod — there should be an equitable and accountability piece to this and wants buy in and accountability from all the cities. Start where we can get the biggest bang for our buck and over time work to be more geographically equitable. Sunaree Marshall — we should look strategically after a few years to evaluate where projects aren't happening and why — for example: did we get proposals or did we receive inadequate proposals, do developers not want to build there, were there political or communication challenges that may need problem solving and joint capacity building around. As a group, we will need to define "bang for our buck" or readiness - does this mean number of units or depth of subsidy and impact on those most cost burdened, location based on transit access, serving people most disadvantaged in the current housing system, etc. Colleen Brandt -Schluter - it many sources of funds, the element of readiness will likely dictate where a project gets built as well. We should aim for geographic spread, but will have to go where it pencils while staying as flexible as possible since we can't know what will come our way. Ryan Mclrvin — echoes comments about the region benefiting as a whole which then benefits individual cities. Merina Hanson — on a subregional level, there are often very few South King County applications so it will be useful to follow Sunaree's suggestions. Challenges we hadn't considered may occur and we will need to ensure agencies in our cities have technical assistance and other help they may need. Sarah Bridgeford — balance of feasibility and readiness and looking over time at geographic distribution and understanding why that is happening and how to support local projects to achieve the geographic distribution. 2. Based on decisions you've already made, the capital fund will include contributions from members (i.e. 1406 dollars) and philanthropy (i.e. creation of a 501c3). What is the expectation about whether all cities should contribute something (funding or land) to the capital fund — annually or over a period of time? Once the capital fund is created can funds be used in a city that has not contributed to the capital fund? Should the size of local contributions to the fund influence where the capital funds are used? McLeod — every jurisdiction should contribute to the capital fund, whether it's land or revenue. Sue -Ann Hohimer — Normandy Park makes a really small contribution compared to the rest of SKHHP member cities but is committed to continuing that. Additional capital funds would be really difficult on a public level. Residents of the city would likely be able to contribute human capital (elbow grease etc.). Echoes regional approach and support for the region as a whole. Buxton — the goal is to create and maintain affordable housing and reduce homelessness and if that happens, doesn't matter where it happens as long as it happens. The ILA almost removes city boundaries and creates an overarching big group situation. Cimaomo — we are one big entity helping each other out and we should focus on what will benefit South King County the most, for example one city provides land and other cities provide money. Hanson — recognize that it's really hard for smaller cities to contribute capital funds outside the dues and wants to be as inclusive as possible despite different budget issues. Page 3 of 28 ATTACHMENT A Marshall — King County already manages a regional capital fund and doesn't contribute to ARCH's capital pool but tries to ensure KC as a whole is competitive for other sources of funding. Possibility of tapping into county's bonding authority that is something of value but not the capital fund itself. 3. As we get deeper into the design of the capital fund and decision/allocation processes, we are suggesting using the staff work group to help us develop more detailed recommendations to review with the Board. Is that approach acceptable? Are there any additional directions or questions you would like to provide for the staff work group? All Executive Board members approved of moving forward with the staff work group. 2. SKHHP Advisory Board i. Memo: overview of selection and evaluation process ii. Resolution 2021-02 Buxton moves that we pass Resolution 2021-02 as written, McLeod seconds, passes unanimously (9- 0). Motion carries, staff will move forward with outreach, engagement, info sessions, and recruitment. VI. EDUCATIONAL ITEM a. Eastside Legal Assistance Program and Housing Justice Project Trish Abbate introduced Chris Lovings and Katharine Nyden from Eastside Legal Assistance Program. Lovings introduced Tram Tran-Larson from the Housing Justice Project. Nyden summarized both the state and federal eviction moratoriums set to expire on June 30, 2021. Overview of recent legislation including the passage of HB1236 which creates statewide just cause, protecting against no cause eviction, often rooted in discrimination. SB5160 provides a right to council for tenants and makes WA the first state to offer this level of civil legal aid and tenant protection. It also requires that landlords offer payment plans. Tram Tran-Larson shared an overview of the $165 million in rental assistance coming to King County. It will be structured similar to the CARES act, priority to 50% area median income (AMI) or below or unemployed persons, offering up to 12 months of assistance + future 3 months and may pay rent, utilities, or other expenses directly or indirectly due to COVID-19. Accessible through landlord fund, King County lottery fund, or contacting a hub (17 local agencies). Currently, no procedures or instructions in place to prep for the lifting of the moratorium. Eviction Resolution Program requires landlord to notify the Dispute Resolution Center before commencing eviction for nonpayment of rent, but has been problematic as tenants are unfamiliar and don't understand the documents and haven't been responding. Recent data demonstrates that Kent, Renton, Federal Way, Auburn are 17.4% of KC's renters, but represent 44% of evictions, which is particularly problematic since these South King County cities are home to a higher proportion of BIPOC community members. Black/African Americans make up 6.3% of the total King County population yet represent 34% of evictions in King County. If the eviction moratorium lifts on June 30, tenants can be evicted immediately if they owed money before February 29, 2020. If tentants are offered payment plans but are late or don't agree within a certain timeframe they will be at risk of eviction. It is unclear what the court process will be like. Suggestions for what cities can do • Ensure that tenants are not evicted while rental assistance is available and being processed • Extend moratorium protections at city level • No evictions for covid-19 related debt Page 4 of 28 ATTACH M ENT A • Protect tenants from rent increases • Need to ensure that protections are not evaded • Need to avoid evictions going through the court Marshall added that King County is launching an eviction protection program. There is a large landlord program that has a stop gap because as part of the program, they cannot evict until their tenants have been screened, but this isn't in place for individual or smaller landlords. Hoping to avoid waiting lists and tenants calling a dozen agencies but there is administrative complexity around distributing such a large amount of money. Suggested follow-up education topic on County rental assistance program. VII. SKHHP 501(c)(3) with Pacifica Law Group San Filippo introduced Deanna Gregory and Alanna Peterson. Peterson introduced herself and shared that before the next meeting, the Executive Board will receive articles of incorporation and bylaws to review and that today is a continuation of the high level conversation with the Board in January. The first step is to create nonprofit entity under state law, then apply to the IRS for 501 c3 status - state process is quick but IRS process is more drawn out. Pacifica will build in flexibility in the governance documents to be able to make changes as SKHHP's needs evolve and change. Proposed name for the 501c3 is South King Housing and Homelessness Partners Foundation. Next steps include creating an initial board of directors, articles of incorporation filed with the state, board approves bylaws, and make more detailed decisions about who should be on the inaugural board of directors (3-7 individuals, made up of SKHHP staff, Executive Board members, SKHHP partners such as community based organizations or nonprofits focused on homelessness and affordable housing). Governance documents state that the Executive Board receives the financial documents of the foundation on an annual basis, along with a mechanism for the Executive Board to approve all funding decisions. VIII. WORK PLAN PRIORITY SETTING AND BUDGET PLANNING San Filippo provided an overview to work plan and budget process, which will be covered in more detail in the May meeting from 12-3. Memo outlines the process in preparation for May meeting. IX. UPDATES/ANNOUNCEMENTS Buxton shared that on May 7, Angela San Filippo will be a featured speaker in partnership with regional partners for a who does what presentation with ARCH, HDC, SCA and KCHA to talk through individual organizations and how they work together along with highlights of their work. Registration opens next week. X. NEXT MEETING — MAY 21, 2021 — 12-3pm (NOTE: extended time) XI. ADJOURN San Filippo adjourned the meeting at 3:01 pm. Page 5 of 28 ATTACHMENT B SKHHP HOUSING CAPITAL FUND The following is a summary of SKHHP Executive Board feedback from the March 26 and April 23 Executive Board meetings. 1. What is the purpose of the Fund? • There should be flexibility in how funds are used. • Base decisions on use of funds on most pressing needs, and consider where there are gaps. • Use to create and foster relationships with funders, builders, cities. • It must be based on outcomes — units created or preserved (several mentions of preservation). • Serve as bridge funds — may be "last money in". 2. What is your vision for what the Fund will accomplish in five years? • Established credibility as a well -run fund that donors will want to support; a fund that gets things done. • Units have been created (TOD was mentioned) — might even have enough track record to think about the next phase of growth. • Positive stories — both from the perspective of people served, and the benefits to local communities. • Established as a good partner —with donors, cities, developers. • Can be nimble to respond to immediate needs/opportunities. 3. How do you feel about the philosophy that in any given year contributions to the capital fund (from philanthropy or local funds from members) would be used in an individual jurisdiction/unincorporated area, but over time the funding support for projects would be spread across the SKHHP sphere of influence? • The SKHHP capital fund should be structured to support the "best value" projects for meeting priority affordable housing needs in South King County, regardless of location. • Members are pooling resources to benefit South County residents, regardless of where they live. • There is a need to maintain good working relationships with jurisdictions for all siting decisions for affordable units. Page 6 of 28 ATTACHMENT B • It may make sense to initially focus on "best bang for the buck," but over time spread capital fund dollars equitably across the region and work to ensure equity in benefits as well (to ensure affordable housing is being distributed across the region). • Periodically the board and staff should examine where projects are not being proposed and the reasons for the lack of proposals. • While there was general support for the idea that serving the region also serves each city, there was some reminder that over time, city councils will need to feel like they are getting a return on their investment. • Decisions about where to use capital fund dollars are likely to be heavily influenced by project readiness and availability of other housing funds, so should remain flexible. 4. Based on decisions you've already made, the capital fund will include contributions from members (i.e. 1406 dollars) and philanthropy (i.e. creation of a 5016). What is the expectation about whether all cities should contribute something (funding or land) to the capital fund — annually or over a period of time? Once the capital fund is created can funds be used in a city that has not contributed to the capital fund? Should the size of local contributions to the fund influence where the capital funds are used? • There is some interest in having every city contribute to the capital fund over time (either funding or land) although there is recognition that this may be challenging for some smaller communities (and it's important to be inclusive). • Capital funds should be used where projects are proposed and ready, as opposed to being based on contributions to the capital fund. • Ability to use 1406 or 1590 dollars as a contribution might entice some other cities in South King County to join (although some confusion on operation vs capital funds). • Based on the County's experience with ARCH, it is unlikely that the County will contribute directly to the SKHHP capital fund, however, they will want to coordinate on how to jointly support projects and leverage other funds. S. As we get deeper into the design of the capital fund and decision/allocation processes, we are suggesting using the staff work group to help us develop more detailed recommendations to review with the Board. Is that approach acceptable? Are there additional directions or questions you would like to provide for the staff work group? • Executive Board confirmation to work with the staff work group on the more technical components and develop recommendations for Board consideration. Page 7 of 28 ATTACHMENT C SKHHP Capital Fund Structure, Policies and Guidelines May 12, 2021 Overarching Questions: ➢ What stages, steps or topics are missing? ➢ Do you agree with the approach taken by ARCH, or are there suggested differences you would like to highlight? Stage ILA Guidance ARCH Process/Approach 501c3 Requirements Questions for SSKHP Exec Board and Staff Work Group Staff Work Group Comments/Recommendations Board Recommendations Application NA Competitive application There will be some Would you want the • Overarching comment: Make Process— process at least once per complexity in getting opportunity to have sure the capital fund structure, Frequency and year, in coordination with two rounds of review application process more polices and guidelines are timing? Commerce, County and and approval from than once per year? Off- consistent with the King WSHFC the two boards. Not cycle funding requests County Affordable Housing ARCH may elect to accept a legal issue; an could be for preservation Committee Principles. applications "out of cycle" administrative issue. projects or land acquisition. . What is developer's for preservation projects or An agreement could Pro: Allows for nimble experience with other funding opportunity acquisitions. spell out response. Con: Staff sources? Applications available circumstances when intensive. online. Staff participates in there could be off - a statewide work group cycle review and each year to update the approval for application forms based on emerging evolving funder priorities opportunities. Funding 1. d. affordable housing Use of Trust Fund to meet The 501c3 will have How/when do you want to • Different funding sources have Priorities and projectsand programs long term targets to spend $ that is set targets and funding different restrictions and Targets 5. d. (4) Executive Board Population Target consistent with a priorities? requirements and SKHHP will have the power to Family 56% "charitable purpose". What household income capital funding process will establish policies for the Senior 19% Must be consistent levels do you want to need to be aware of those expenditure of SKHHP Homeless 13% with language in c3 target? constraints. budgeted items Special Needs 12% bylaws about How much flexibility do you • The priorities and targets purpose. Purpose is want to create to meet the should be based, in part, on a Guidance from March Housing that meets the broad. needs of a range of gap analysis. That analysis Board Meeting needs of low-income Is there any household incomes? should be revisited every • There should be households earning up to complication with couple of years to make sure flexibility in how funds 50% of median income. In respect to mixed that SKHHP priorities are are used special circumstances (for income meeting current needs. example, to promote developments, Page 8 of 28 ATTACHMENT C Stage ILA Guidance ARCH Process/Approach 501c3 Requirements Questions for SSKHP Exec Board and Staff Work Group Staff Work Group Comments/Recommendations Board Recommendations • Base decisions on use affordable homeownership historic renovations, of funds on most or to leverage another home ownership, pressing needs, and program's funding such as other? Could address consider where there 4% Low Income Housing in separate are gaps Tax Credits), moderate- agreement. No • Use to create and income households earning definition under tax foster relationships up to 80% of median code or what "low - with funders, builders, income may also be income" means. cities assisted. • It must be based on outcomes— units Funding Priorities: Achieve created or preserved targets for populations; (several mentions of leverage private preservation) investment; TOD; homeless • Serve as bridge funds — shelter and housing may be "last money in" capacity; preservation of existing stock; geographic equity; cost-effective development approaches Eligible NA Housing developers or No inherent problem Do you want all of the • Should cross-reference this list Applicants sponsors that are: with giving $ to ARCH eligible applicants, with HOME eligibility. • non-profit organizations private developer. including for -profit housing • Good to include HA's — • private for -profit Since there is no legal organizations and local opportunity to partner with organizations standard, one governments? KCHA and work they do on • public housing authorities approach could be to preservation. • public development create parameters • The engagement with for - authorities around the type of profit developers will depend • units of local government activities or projects on what the capital funds will Partnerships involving SKHHP will fund. be used for; what the SKHHP combinations of the above priorities are. groups are encouraged, • There was a question about especially in the case where whether local governments a private for -profit should be included, but leave organization applies for them on the list for now and funding Page 9 of 28 ATTACHMENT C Stage ILA Guidance ARCH Process/Approach 501c3 Requirements Questions for SSKHP Exec Board and Staff Work Group Staff Work Group Comments/Recommendations Board Recommendations clarify when funding priorities are established. Eligible Funds may be used for the No concerns about Do you want to include all Activities following activities: the ARCH list of the ARCH eligible • Acquisition, and related activities? costs such as appraisals, Do you agree with the financing costs, and statement about mixed transaction costs income projects? • Predevelopment, Is anything missing? including architectural and engineering design, permits and fees • Rehabilitation and new construction costs • Site development • Off -site development only when necessary to assure utility service to the project site • Short term direct tenant assistance programs aimed at homeless prevention, e.g.,rent "buy -downs" or loan programs for payment of security deposits and last -month rent deposits. • Mixed -income projects so long as HTF dollars assist only low -and moderate - income units In limited cases, ARCH may award a portion of the HTF funds to support early Page 10 of 28 ATTACHMENT C Stage ILA Guidance ARCH Process/Approach 501c3 Requirements Questions for SSKHP Exec Staff Work Group Board Board and Staff Work Comments/Recommendations Recommendations Group technical assistance to priority projects. Non -Eligible NA Funds may not be used for: No concerns about Do you want to include all Activities • The development of any the ARCH list. of the ARCH non -eligible non-residential use. HTF Could possibly activities? funds may be used in a support operating For permanent supported mixed use development expenses for non- housing should funding for only for that portion of the profits providing supportive services be development that is specific services, but likely eligible for any trust fund to the residential use. This not for for -profits. dollars? restriction also applies to There is more site development and off- flexibility in site development costs. supporting non- • The cost of any program profits. operating expenses Will need to make • The cost of any political or sure language about lobbying activities or lobbying is consistent materials. with legal • Rehabilitation of single restrictions. family units in a manner that would duplicate a city's Home Repair Assistance and King County's Home Repair Programs • Uses that are Public Capital Facilities such as correctional facilities or inpatient treatment facilities Types of Loans and grants. Housing Both loans and grants Do you want to offer both Funding Awards Trust Fund dollars will be are potential uses; loans and grants, with made available as either can also buy/sell opportunity for flexible secured grants or loans. property. terms? Flexible terms offered to accommodate a range of Page 11 of 28 ATTACHMENT C Stage ILA Guidance ARCH Process/Approach 501c3 Requirements Questions for SSKHP Exec Staff Work Group Board Board and Staff Work Comments/Recommendations Recommendations Group projects. Applicants indicate in application whether they are applying for a grant or loan, and what loan terms are proposed for the project. Application Would like to have a • To what extent will SKHHP be Content statement that funds involved with/relate to the will not be used for Public Funders Group? lobbying (check box) • To what extent will SKHHP use processes/materials consistent with that group? Evaluation NA General Create criteria that is Are there other/different • Need to be explicit about the Criteria 1. Feasibility and Cost the same for both the evaluation criteria you need for SKHHP to partner Effectiveness public and private would like to include? with other funders, 2. Relevance to Local funds. If there are developers, jurisdictions. Housing Need disagreements about • Need to make sure that SKHHP 3. Experience of Sponsor funding decisions it goals and values are reflected and Development will be easier to in the criteria. Team, Adequacy of resolve if everyone Management Plan, uses same criteria. Duration of No legal requirement; Affordability, Adequacy the suggestion is for of Support Services, ease of Firmness of Financial administration. Commitments. Specific a. Development and Operating Budgets b. Project Readiness c. Development Team Track Record d. Property and Asset Management Capacity Page 12 of 28 ATTACHMENT C Stage ILA Guidance ARCH Process/Approach 501c3 Requirements Questions for SSKHP Exec Board and Staff Work Group Staff Work Group Comments/Recommendations Board Recommendations e. Displacement and Relocations f. Criteria for Out of Cycle Proposals Decision 4. b. Executive Board Funding decisions • Should both boards be Makers provides recommendations with respect to required to approve use of to the Parties regarding the philanthropic $ will both public and private $? allocation of public and need to be approved • How much authority does the private funding by both the Exec SKHHP want to have in 14. f. (i) Each Party Board and 501c3 decisions about use of 501c3 choosing to participate in funds. funds? funding a project or There will be some program through the overlap between the Housing Capital Funds two boards, but the Account will by action of its 501c3 board will be legislative body authorize different than Exec the application of a board. specified amount of its After non-profit is Individual Account monies formed, there could to such project or program, be a separate and will authorize and agreement between direct the SKHHP Executive 501c3 and Executive Board, the SKHHP Program board to spell out Manager, and the details. Keep the Administering Agency to incorporation take such actions as documents at a high necessary to accomplish level. this The Executive Board will recommend to the individual legislative bodies various terms to accompany their authorizations, including amount allocated, project Page 13 of 28 ATTACHMENT C Stage ILA Guidance ARCH Process/Approach 501c3 Requirements Questions for SSKHP Exec Staff Work Group Board Board and Staff Work Comments/Recommendations Recommendations Group description, affordability requirements, type and term of funding commitment, and security interests. Role of the 8. Advisory Board will Advisory Board does not set What role would you like • Do you want Adv Board Advisory Board provide advice and priorities or make decisions; the Advisory Board to play involved in decisions about recommendation to the they advise on with respect to priority both public and private funds? Executive Board on land recommendations, setting, evaluation criteria, and/or money resource including funding proposal review and allocation for affordable conditions. AB discusses the recommendations? housing projects, input on applications and prepares policy needs related to summary matrices that housing stability, program outline the public benefits design and development, of the projects, and other recommendations for basic information. emergency shelter and The AB finalizes other immediate recommendations and affordable housing needs... associated funding conditions and presents recommendations to the ARCH Exec Board, with help from staff to prepare presentation materials. Contract 4. c. Exec Brd directs Can the process be • To the extent SKHHP contracts Documents Administering Agency to structured so that a with for -profits, will need to enter into agreements with developer can enter into a make sure agreements are third parties for the use contract with SKHHP clear regarding terms, and application of public without having to getting including: affordability and private funds. approval from all member requirements, expected 4. d. (v) SKHHP staff Councils? engagement with develop standard communities, etc. regulatory agreements acceptable to private and Page 14 of 28 ATTACHMENT C Stage ILA Guidance ARCH Process/Approach 501c3 Requirements Questions for SSKHP Exec Board and Staff Work Group Staff Work Group Comments/Recommendations Board Recommendations public financial institutions • What is developers experience to facilitate the availability with other fund sources? of funding for private and • What staff capacity is needed public projects containing to carry out this work? Should affordable housing. it be done in-house or 14.f. The Executive Board contracted out? will develop standard forms of approvals and agreements to be used in the application of funds contributed to the Housing Capital Funds Account (collectively referred to as "project financing documents") Reporting 4. c. At least annually, Requirements report to the Parties on the geographic distribution of all housing capital funds 14. c. The Administering Agency will maintain records to separately track the deposits, withdrawals and interest earnings, within each Individual Account and each Project Account, and provide quarterly reports to all Parties as to the status of funds in each Individual Account and Project Account. These responsibilities may be delegated to the SKHHP Program Manager Page 15 of 28 ATTACHMENT C Stage ILA Guidance ARCH Process/Approach 501c3 Requirements Questions for SSKHP Exec Board and Staff Work Group Staff Work Group Comments/Recommendations Board Recommendations Project 4. d. (viii) Develop and Staff provide compliance Will need to set capacity • What resources will be needed Monitoring and carry out procedures for monitoring for all member based on anticipated to do this work? Will this work Compliance monitoring of affordable cities for projects funded number of units. be done in-house, or through a units and to administer via the capital fund and Will this work be conducted contract entity? direct service housing through local inclusionary by SKHHP staff or city staff programs on behalf of any zoning projects and/or for units in their Party. Such direct service development agreements. jurisdictions? housing programs may Compliance is required on Should it apply to units include but are not limited created with capital fund to relocation assistance and by zoning incentives programs, rent voucher and/or requirements? and/or deposit loan programs. Sources of (14) Contributions from Member contributions of Should contributions to the • What is the level of interest in Funding parties, or (4. d. (xi)) public cash and land. Projects rely capital fund be expected or SKHHP among philanthropic and private fundraising heavily on other funds. For encouraged? funding sources? efforts of public and every $1 in local Do you want land to count private entities (including contributions to HTF $10 as a contribution to the non-profit corporations) to has been contributed to capital fund? raise funds to carry out the ARCH projects. Have not purposes of this historically raised Agreement. philanthropic funds. Page 16 of 28 ATTACHMENT D SOUTH KING HOUSING AND SKENINPHOMELESSNESS PARTNERS 2021 First Quarter Progress Report The following is a SKHHP progress report for the first quarter of 2021. This quarter included adoption of an Interlocal Agreement and a companion agreement to pool Substitute WHO WE ARE Housing Bill 1406 sales tax credit revenue funds, adoption of the SKHHP Advisory Board structure, adoption of 2021 Federal Legislative priorities, and kickoff to process and planning Partnership formed by an for SKHHP's Housing Capital Fund. interlocal agreement between 10 jurisdictions GOVERNANCE AND ADMINISTRATION in South King County • Development of Advisory Board structure supporting collaboration • Adoption of 2021 Federal Legislative Priorities and sharing of resources to effectively address POLICY AND PLANNING housing and • SKHHP approval of interlocal agreement and companion agreement to pool homelessness in the Substitute House Bill 1406 sales tax credit revenue funds region. • Support for South King County City Housing Action Plans • Kickoff of SKHHP Housing Capital Funding process and planning PURPOSE • Convening South King County housing planners group OUTREACH AND EDUCATION Increase the available options for South King Represent SKHHP at local and regional meetings and forums County residents to • Housing Interjurisdictional Team (HIJT) for Affordable Housing Committee (AHC) access affordable • Equity and Social Justice work group for AHC housing and to preserve • King County public funders group the existing housing stock. • Sound Cities Association (SCA) Caucus to the AHC • SKC Forum on Homelessness • SKC Homelessness Advisory Committee (HAC) CONTACT • SKC Human Service Planners group SKHHP Executive Board educational topics Website: • Pacifica Law Group and pursuing 501(c)(3) status http://skhhp.org • Successful advisory boards, lessons learned, and best practices Phone: • King County Health Through Housing proposal (253) 329-7394 Strengthen regional stakeholders' understanding of housing needs in SKC Email: • Began convening role for South King County Joint Planners and Developers infoC�skhhp.org Informational and relationship building sessions with the following groups: • Eastside Legal Assistance Program • Puget Sound Regional Council • South King County Mobility Coalition Page 17 of 28 ATTACHMENT D South King Housing and Homelessness Partners Fund Status As of March 2021 SKHHP Fund BUDGET OPERATING REVENUES Auburn 26,000 - Burien 15,000 - Covington 7,500 - Des Moines 7,500 - Federal Way 26,000 - Kent 34,000 - Normandy Park 4,000 - Renton 34,000 - Tukwila 7,500 - Unincorporated KC 34,000 - King County additional contribution 41,000 - Contributions/Donations 15,000 - INTEREST EARNINGS 1,600 60 Total 253,100 60 EXPENDITURES BUDGET SKHHP Cost Reimbursement 279,860 Administration Fee 28,000 Total 307,860 Beginning Fund Balance — January 1, 2021 241,645 Estimated Net Change In Fund Balance (54,760) Estimated Ending Fund Balance — December 31, 2021 186,885 SKHHP Cost Reimbursement Detail EXPENDITURES Wages Benefits Supplies Professional Services Interfund Allocations Total ACTUAL ACTUAL 60,624 7,000 67,624 Actual 39,722 14,495 131 6,275 60,624 1 Page 18 of 28 ATTACHMENT E SK:I: P South King Housing and Homelessness Partners To: SKHHP Executive Board From: Angela San Filippo, Executive Manager Date: May 14, 2021 Re: State Legislative Priorities Update Memorandum The SKHHP Executive Board identified 2021 State legislative Priorities through adoption of Resolution 2020-06 on November 20, 2020. The 2021 State Legislative session closed on April 25. This table summarizes the final status of bills related to SKHHP's 2021 Legislative Priorities. SKHHP LEGISLATIVE PRIORITY BILL SUMMARIES AND FINAL STATUS 1. HOUSING STABILITY Support implementation of statewide just cause E2SHB 1236 eviction legislation to improve housing stability Passed Legislature, delivered to Governor and create consistency in information and education. Landlords cannot evict tenants without "just - cause" (e.g. nonpayment of rent, landlord moving into unit, etc.), except if initial lease term was 12- months and subsequent lease terms are between 6-12 months, a landlord can terminate with a 60 day no -cause notice. Notices to terminate must provide all information known to the landlord at the time of the notice so tenant can defend themselves. If a tenant permanently vacates for a reason other than the landlord terminating the tenancy (such as death, deportation, etc.), the remaining occupants can apply to take over the rental agreement. Advocate for additional resources to address E2SHB 1277 housing stability created by the economic Passed Legislature, delivered to Governor (more impacts of the COVID-19 pandemic, including information in section 4) rent assistance and foreclosure/eviction prevention assistance. E2SSB 5160 Passed Legislature, partially vetoed by Governor Provides legal representation for tenants facing eviction, requires repayment plans for unpaid Page 19 of 28 ATTACHMENT E SKHHP LEGISLATIVE PRIORITY BILL SUMMARIES AND FINAL STATUS rent during the pandemic, and ensures that landlords and tenants can access state rental assistance programs. 2. FISCAL FLEXIBILITY Lift the 1% property tax cap. Current revenues HB 1362 are not enough for many cities to support Did not pass community expectations and priorities and city tax structures are not keeping up with traditional Heard but did not act on HB 1362 that would rate of inflation and growing costs. Lifting the allow up to 3% increase to the property tax cap, property tax increase will allow funding flexibility based on population and inflation. and preserve critical city services. Authorize property tax -based tax increment ESHB 1189 financing, with a constitutional amendment if Legislature passed, delivered to Governor necessary. This will allow cities to access critically needed funding for local economic development Authorized aproperty-tax based Tax Increment projects. This approach doesn't raise property Financing (TIF) tool to fund public infrastructure taxes on residents but allows development to pay that helps drive economic development. for the public infrastructure needed. . Does not impact the state's property tac rate or revenue • Protects current taxing districts' authority and existing tax collections • Stipulates the TIF can only be used to pay for publicly owned infrastructure • Requires a study and mitigation of any impacts on local businesses and affordable housing 3. INCREASE AND PRESERVE AFFORDABLE HOUSING Invest $250 million in the State Housing Trust Final Capital Budget includes: Fund from the Capital Budget, with $10 million • $175 million for the Housing Trust Fund for preservation of affordable housing. o $105 million general pool o $44 million programmatic set asides (e.g. preservation) • $93.8 million for a new rapid capital acquisition fund (primarily serves people experiencing homelessness) 4. INCREASE STATE RESOURCES TO PREVENT AND END HOMELESSNESS Significantly increase state document recording E2SHB 1277 fee — specifically increase document recording Passed Legislature, delivered to Governor fee by $100 to increase state and regional resources to prevent and end homelessness. . 20% of funds to permanent supportive housing operations, maintenance, and services • 4% to landlord mitigation fund (this biennium, then 2%) Page 20 of 28 ATTACHMENT E SKHHP LEGISLATIVE PRIORITY BILL SUMMARIES AND FINAL STATUS • Remainder: 0 60% to project -based vouchers, services, rapid rehousing, emergency housing or acquisition for persons who are chronically homeless 0 50% of those served must be unsheltered o Eviction prevention rental assistance also allowed after 60%threshold is met The following is a summary of other bills of interest. ESHB 1070 Passed Legislature, signed by Governor • Revises local 0.1% sales and use tax option for housing and related services (2020 HB 1590) o Allows property acquisition o Includes homeless single adults in eligible population groups o County must provide opportunity for 15% of units to serve individuals with ties to city where facility is located. • Revises Hotel Motel Lodging Tax • Allows tax to be used for 0-30% area median income housing and homeless youth housing and service space. E2SHB 1220 Passed Legislature, delivered to Governor • Adds new planning requirements for comprehensive plans related to: o Moderate density housing options o Zoned capacity for affordable housing, shelter and permanent supportive housing o Displacement o Proactive action on racially disparate outcomes o Actions needed to achieve housing affordability • Encourages actions to accommodate accessory dwelling units • Jurisdictions may not prohibit permanent supportive housing wherever housing and hotels are allowed • Jurisdictions may not prohibit indoor emergency housing or indoor emergency shelter in any zones where hotels are allowed, except with an adopted ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a 1-mile proximity to transit Page 21 of 28 ATTACHMENT E E2SSB 5287 Passed Legislature, delivered to Governor • Allows King County to implement Multifamily Tax Exemption (MFTE) in unincorporated urban areas • Creates a new 20-year exemption program • Allows buildings to extend the MFTE for an additional 12 years if the project meets local affordability requirements • Sunsets the MFTE program for new projects in 2032 ESSB 5096 Passed Legislature, delivered to Governor Concerning an excise tax on gains from the sale or exchange of certain capital assets individuals have held for more than a year, unless an exemption applies. Capital assets are assets owned for investment or personal reasons and are not usually sold in the course of business. Individuals would be required to pay capital gains tax if taxable capital gains exceed: • $25,000 for individuals who are not joint filers • $50,000 for individuals filing joint returns Page 22 of 28 ATTACHMENT F Memorandum SKEE I on South King Housing and Homelessness Partners TO: SKHHP Executive Board FROM: Angela San Filippo, Executive Manager DATE: May 14, 2021 RE: 2022 SKHHP work plan and budget development The following is an outline of the 2022 SKHHP work plan and budget development process, status update on actions from the 2020-2021 work plan, and overview of 2022 work plan discussion and priority setting. An outline of the work plan and budget development process was presented at the April 23, 2021 Executive Board meeting and has been expanded based on SKHHP staff workgroup and partner jurisdiction input received to date. The intention is to provide a progress update and solicit feedback from SKHHP partner Councils prior to the May SKHHP Executive Board meeting. The May 21 Executive Board meeting will focus on 2022 budget and work plan development through discussion of SKHHP's mission and objectives, status update on the 2020-2021 work plan, and 2022 priority action items. April - May: Staff April -June: Outreach1 May -June: Executive Summer -Fall: SKHHP workgroup work plan and update to partner Board extended meeting partner jurisdiction discussions Councils for work plan and adoption of work plan budget development and budget DRAFT SKHHP MISSION (review and discuss) South King County jurisdictions working together and sharing resources to create a coordinated and comprehensive approach to increasing housing stability and producing and preserving quality affordable housing in South King County. DRAFT OBJECTIVES (review and discuss) • Share technical information and resources to promote sound housing policy • Coordinate public resources to attract greater private and public investment into affordable housing in South King County • Provide a unified voice to advocate for South King County needs at a local and regional level I. REOCCURRING ANNUAL WORK PLAN ITEMS a. Governance and administration • Annual development of work plan and budget • Quarterly progress and budget reports Page 23 of 28 ATTACHMENT F • Annual updates and outreach to stakeholders and non-SKHHP partner cities • Staff support to Executive Board, Advisory Board, and staff workgroup b. Policy and planning • Build funding support through advocacy with philanthropic and private corporations • Support development and implementation of policies and strategies that address tenant protections through anti -displacement, fair housing, and healthy housing • Support development and implementation of housing strategies that embed and track racial equity c. Outreach and education • Represent SKHHP at local and regional meetings and forums • Monthly SKHHP Executive Board educational topics • Support SKC engagement and elected official participation in affordable housing development tours o Educational and engagement opportunities for elected officials, stakeholders, and community members • Develop State and Federal Legislative priorities • Coordinate and work with developers to better understand barriers to increasing construction and preservation of affordable housing o Convening South King County Joint Planners and Developers Work Group II. 2020-2021 WORK PLAN AREAS OF ONGOING FOCUS a. Governance and administration • Establish SKHHP Advisory Board b. Policy and planning • Establish SKHHP Housing Capital Fund and develop administrative plan and structure • Build funding support through advocacy with philanthropic and private corporations o Establish SKHHP 501(c)(3) o Develop marketing materials • Support development of housing strategy/action plans • Maintain inventory and assessment of existing preservation programs for affordable rental and ownership housing Page 24 of 28 ATTACHMENT F c. Outreach and education • Coordinate and work with developers to better understand barriers to increasing construction and preservation of affordable housing III. 2021 WORK PLAN AREAS NEEDING ATTENTION a. Policy and planning • Inventory of naturally occurring affordable housing vulnerable to market pressures • Develop examples of potential design standards and desired requirements b. Outreach and education • Develop affordable housing and homelessness awareness presentation toolkit IV. 2022 PRIORITY SETTING a. Budget — the following priority budget areas were identified in initial discussions with the staff workgroup, budget scenarios will be developed for review and discussion based on these priority areas. • Work towards adoption of a balanced budget that includes full time Executive Manager and full time Program Coordinator. • Develop compensation structure for Advisory Board members. b. Work Plan — build upon the 2020-2021 work plan to identify the highest priorities for 2022. The following priorities were identified in an initial discussion with the staff workgroup and will be built upon through briefings with individual jurisdiction's Councils, and further discussion with the staff work group and Executive Board. • Develop strategies for preservation of affordable housing in South King County • Educational opportunities with partner organizations and area experts to better understand connections to homelessness services, outreach, and best practices • Educational opportunities strategically tied to SKHHP work plan • Use equity lens for development and implementation of all aspects of work plan Page 25 of 28 ATTACHMENT F DRAFT 2022 SKHHP WORK PLAN GOVERNANCE AND ADMINISTRATION GOAL 1: Define strategy, direction, and long-term goals, and provide direction to staff on implementation of the SKHHP Interlocal Agreement. Outcomes: 1) Functioning and collaborative entity with clear measures of success. 2) Implementation supports equitable outcomes across jurisdictions, community members, and stakeholders. 3) Added value for SKHHP partners and South King County subregion. Activities/Actions: 1) Develop annual work plan and budget a. Partner jurisdiction input and review b. Partner jurisdiction adoption 2) Quarterly progress and budget reports 3) Annual updates to stakeholders and non-SKHHP South King County cities 4) Strategic planning — establish 3-5 year goals and objectives POLICY AND PLANNING GOAL 2: Administer and allocate South King County Housing Capital Funds. Outcomes: 1) Increase resources dedicated to affordable housing preservation, rehabilitation, and production in South King County. 2) Pool resources to address the growing affordable housing and homelessness needs in South King County. Activities/Actions: 1) SKHHP Housing Capital Fund application and allocation process 2) Build funding support through advocacy with philanthropic and private corporations GOAL 3: Work with partner jurisdictions to enhance and develop new local policies and programs that protect existing affordable housing stock, provide housing security, and accelerate access to affordable housing. Outcomes: 1) Number of jurisdictions that adopt new or enhanced legislation or programs that support equitable affordable housing production and preservation strategies. Page 26 of 28 ATTACHMENT F 2) Increased number of affordable rental housing units in participating programs. 3) Improved collective efforts to address systemic and institutional racism and create greater racial equity and justice in housing. Activities/Actions: 1) Support implementation of housing strategy/action plans to increase equitable housing production and preservation strategies 2) Maintain inventory & assessment of existing city policies and regulations for affordable housing preservation programs and housing production strategies 3) Assist cities in enacting policies and strategies that address tenant protections through anti -displacement, fair housing, and healthy housing 4) Maintain catalog of successful affordable housing development projects OUTREACH AND EDUCATION Goal 4: Represent South King County and its unique affordable housing needs at all decision tables and foster collaboration between partners. Outcomes: 1) Establish credibility of SKHHP with potential partners and funders. 2) South King County is authentically heard, considered, and supported by regional and state stakeholders and policy makers. 3) Changes in policies, practices, and funding streams that support affordable housing and homelessness programs in South King County. Activities/Actions 1) Represent SKHHP at local & regional meetings and forums. 2) Develop annual SKHHP State advocacy priorities 3) Develop annual SKHHP Federal advocacy priorities 4) Conduct work sessions with state legislators Goal 5: Further strengthen regional stakeholders' understanding of the spectrum of affordable housing options, the range of related needs and opportunities, and the housing system . Outcomes: 1) South King County decision makers are informed and prepared to act based on current information and facts. 2) Increased interest from nonprofit and for -profit developer to partner with South King County cities to produce affordable housing. 3) The broader community is engaged on local housing issues. Page 27 of 28 ATTACHMENT F Activities/Actions 1) Coordinate and work with developers to better understand barriers to increasing construction and preservation of affordable housing 2) Support SKC engagement and elected official participation in affordable housing development tours 3) Coordinate monthly educational topics that promote understanding of the full housing system and practices that have led to inequities in the system, and opportunities to address racial equity and justice 4) Generate educational information for the public including brochures, website, housing tours, and other outreach programs. Page 28 of 28