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2021-10-22 SKHHP PacketSKHHP Executive Board October 22, 2021, 1:00 - 3:00 PM Virtual - Zoom Meeting Video conference: https:Hzoom.us/j/99857398028?pwd=eXFiMmJpQmlabDZmMmRQbHNOYS8 OR by phone: 253-215-8782 Meeting ID: 998 5739 8028 Password: 085570 I. Call to Order a. Roll Call b. Introductions II. Review Agenda/Agenda Modifications III. Approval of September 24, 2021 Minutes — ATTACHMENT A (action item) IV. Old Business a. SKHHP Housing Capital Fund (1:10 — 1:45) i. Evaluation Criteria (introduced at August meeting) — ATTACHMENT B) • The evaluation criteria is not a priority list but rather a summary of information that will be used to discuss and evaluate applications. V. New Business a. Draft Resolution 2021-04: SKHHP 2022 Legislative Priorities — ATTACHMENT C (potential action item) (1:45 — 2:05) b. Draft Resolution 2021-05: SKHHP Rules of Procedure —ATTACHMENT D (potential action item) (2:05 — 2:20) • Resolution amends rules of procedure adopted in 2019 by Resolution 2019-04 • Discuss Officer positions and representation of differing forms of government • Discuss rotating leadership opportunities (not currently incorporated into draft resolution) VI. Education Item a. Kelly Rider — King County Eviction Prevention and Rental Assistance Program (EPRAP) (2:20 — 2:40) b. Local Action — City of Burien Ordinance extending eviction moratorium — ATTACHMENT E (2:40 — 2:50) VII. Updates/Announcements (at time allows) VIII. Next Meeting — November 19, 2021 — 1:00 pm — 3:00 pm IX. Adjourn ATTACH M ENT A SKEE: SKHHP Executive Meeting September 24, 2021 MINUTES I. CALL TO ORDER Agreement from Board members that in the absence of SKHHP Chair and Vice -Chair, Executive Manager, Angela San Filippo, will conduct the meeting. San Filippo called the virtual meeting to order at 1:02 PM. a. ROLL CALL/ESTABLISHMENT OF QUORUM Executive Board members present: Brian Wilson, City of Burien; Joseph Cimaomo, City of Covington; Traci Buxton, City of Des Moines; Sarah Bridgeford, Alternate City of Federal Way; Kelly Rider, Alternate 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; Nicole Nordholm, City of Des Moines; Marty Kooistra, Housing Development Consortium; Alexis Mercedes Rinck, King County Regional Homelessness Authority; Laurel Humphrey, City of Tukwila; JC Harris, City of Des Moines; Amy Arrington, City of Normandy Park; McCaela Daffern, King County; Patience Malaba, Housing Development Consortium; Dafne Hernandez, City of Covington; Hannah Bahnmiller, City of Renton; Mark Santos -Johnson, City of Renton; Colleen Brandt -Schluter, City of Burien. II. REVIEW AGENDA/AGENDA MODIFICATIONS San Filippo added item b) Housing Action Plan Implementation Grants discussion to New Business. III. APPROVAL OF AUGUST 27, 2021 MINUTES Traci Buxton moved to approve the August 27, 2021 minutes as amended; Brian Wilson seconded the motion. Motion passed unanimously (7-0). Kelly Rider joined the meeting following this vote. IV. EDUCATION ITEM Alexis Rinck with the King County Regional Homelessness Authority (KCRHA) provided an overview and update on subregional planning. A high level overview of the role of KCRHA within Seattle and King County was provided, along with KCRHA's organizational structure, and the work that led to the creation of the entity. KCRHA assumed contracting from King County and Seattle and will take on a full system re -bid in 2023, which holds the potential for significant changes. KCRHA is also seeking additional funding to add peer navigation outreach, high quality data tracking and bridge housing. As part of the subregional planning work, within South King County Rinck has met with 71 different people representing 51 different organizations and attended several provider and jurisdictional meetings throughout the subregion to build relationships and direct connections. Rinck will share the spreadsheet and requests feedback if any community leaders or partners are missing. South King County site visits are also underway to see services in person. A snapshot report will be released next week, which will outline the timeline and work conducted so far. Paul Tan will be the new South King County Sub -Regional Planning Coordinator, beginning October 1. V. NEW BUSINESS a. Inaugural Advisory Board recommended appointments Trish Abbate provided a summary of the Advisory Board recruitment, selection process, and recommended candidates. Abbate reviewed adopted Resolution 2021-02 and highlighted the °age 2 of 21 ATTACHMENT A identified priority values and experience sought in Advisory Board candidates along with application and interview questions, which inquired about candidates connection to South King County, their understanding of and commitment to racial equity work, what they expected to contribute and gain from participation on the Advisory Board, and why increasing affordable housing access in South King County is important. Communications and outreach to promote recruitment were detailed along with the selection committee creation and selection process. 19 applications were received, with 17 received before the priority deadline of June 30,15 interviews were conducted;, one applicant canceled the interview and declined to reschedule, and one candidate did not meet the minimum criteria. The selection committee considered geographic area, personal demographic identities, and connections to communities and areas of expertise. The full SKHHP Staff Work Group met to conduct a final review of applicants and reach a consensus Advisory Board recommendation. Grounded in the knowledge that BIPOC communities are disproportionately represented in people experiencing homelessness and housing insecurity and are currently and historically underrepresented in positions of power, SKHHP committed to ensuring Advisory Board demographics represent South King County. An estimated 45% of South King County residents identify as BIPOC. Given the composition detailed in this recommendation, 58% of the Advisory Board identifies as BIPOC. The collective identities of the recommended board include individuals who identify as Asian, Black, Latinx, immigrant, veteran, and LBGTQ+. The geographic representation includes individuals who live and work in Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Renton, Tukwila, and unincorporated King County, as well as those who work in professional roles that serve the South King County region. The selection committee identified deeper geographic diversity along with affordable housing development and housing finance expertise as missing elements and decided to maintain three empty seats for additional targeted recruitment, which has already begun. Recommended Candidates Andrew Calkins Ryan Disch-Guzman Idabelle Fosse Kaitlin Heinen Jennifer Hurley Aaron Johnson Amy Kangas Uche Okezie Dorsol Plants Maju Qureshi Linda Smith Menka Soni Discussion ensued on whether to appoint candidates individually or as a whole. Discussion occurred around potential conflict of interests in candidates and the need to create rules and guidelines around recusal and also the need to create a process for removal of an Advisory Board member if concerns arise in the future. These processes and details will be part of a future conversation around bylaws with the Advisory Board itself where the Executive Board will have final approval. Brian Wilson moved to approve and appoint all the recommended candidates as a whole; Tom McLeod seconded the motion. Motion passed with one opposed (7-1, Cimaomo opposed). Page 3 of 21 ATTACHMENT A b. Housing Action Plan Implementation Grants discussion HB1923 included a funding opportunity through the Department of Commerce for Housing Action Plans. Six SKHHP cities have worked on Housing Action Plans over the past year. The funding is available for implementation of existing Housing Action Plans or the creation of new Housing Action Plans for jurisdictions who have not created one yet. In collaboration with the six SKHHP cities with existing Housing Action Plans, there is a proposal to request funding for SKHHP to create an affordable housing tracking and monitoring program, incorporating regulated and unregulated affordable housing. San Filippo asked for a letter of support from the Executive Board, general Board agreement to coordinate with SKHHP Chair to provide a letter of support. VI. OLD BUSINESS a. Follow-up discussion on Tim Thomas presentation Following last month's Executive Board meeting and Tim Thomas' presentation, San Filippo facilitated a conversation about how SKHHP can use what was shared to inform priorities and work moving forward. Comments shared via email after the presentation included: - Spend more time understanding how to preserve existing affordable housing and keeping rents low - Tenant Protections - How to communicate effectively with wealthier subregions about efforts to increase affordability and reduce displacement - Work quickly to stand up capital fund and begin fund deployment - As we move forward within our means, need to explore priorities before taking on new projects or goals - Helpful for SKHHP to provide additional education/training, facilitation, and tools/examples to help local government better address these issues - SKHHP is a means to amplify voices of our local governments in meeting regional need for affordable housing and gathering data, resources, and support that partner cities may need in addressing housing challenges - Consider larger forums and trainings with SKHHP member cities to learn more about and help advance these issues - SKHHP is already applying appropriate philosophy to the information presented through local, regional, and state advocacy work - SKHHP staff is at capacity in meeting our present goals, is the question asking if we should consider reprioritizing? Discussion around community driven development and the opportunity for that in South King County and how to utilize the housing capital fund to support organizations who are successfully working to prevent displacement. Additional comments shared about the eviction moratorium lifting and the process of determining what the best combination of tenant protections and policies is to prevent evictions. Burien shared that a local eviction moratorium is being considered with the end date to be determined either December 31 or January 15, 2022. Marty Kooistra highlighted the importance of right of notice for existing affordable housing combined with the ability to purchase such properties. Conversation took place around rental housing registration and the role that plays in tracking affordable housing. b. SKHHP Housing Capital Fund update San Filippo provided a brief update that work is ongoing in the background and at the next meeting the evaluation criteria that was introduced at the last meeting will be discussed and the topic of Page 4 of 21 ATTACHMENT A materials and building a case for private philanthropic investment will be introduced. First SKHHP Foundation board meeting occurred on 9/8/2021. Washington state nonprofit status is in place for the SKHHP Foundation and the 501(c)(3) status is pending. VII. UPDATES/ANNOUNCEMENTS SSHAP kick off meeting is October 13. Vill. NEXT MEETING —October 22, 2021 — 1-3pm IX. ADJOURN San Filippo adjourned the meeting at 2:53pm. Page 5 of 21 ATTACHMENT B SKHHP CAPITAL FUND EVALUATION CRITERIA General Evaluation of applications will focus on the following key areas: (1) Feasibility and cost effectiveness (i.e., Trust Fund award per unit/SF, total development cost per unit/SF, reasonableness of budgets and proforma, adequacy of resources and ongoing sustainability, and site control). (2) Relevance of the project to local housing needs, including the extent to which the project is consistent with the local plans (e.g., Consolidated Plan, Housing Element, or area plans), and the extent to which housing need will be met and help to achieve SKHHP's stated priorities. (3) Suitability of the project sponsor and development team, including any track record and/or structures for success, adequacy of management plans, duration of affordability, ongoing sustainability, adequacy of support services, and firmness of financial commitments or likelihood of receiving those commitments. (4) Advancing the goals of equity, including the extent that projects are community -driven and/or reduce or undo disproportionate harm to communities most impacted by historic injustice and displacement, including extremely low-income households with incomes at or below 30 percent of area median income and Black, Indigenous, and People of Color (BIPOC) communities Specific The following specific information areas will be evaluated for data to support the key focus areas described above. A. Development and Operating Budgets Projects will be evaluated for cost effectiveness on a per unit and per square foot basis. Higher up- front development costs may be justified to create long-term operational efficiencies (e.g., through use of high -efficiency building systems), provided that those increased costs have a relatively short payback period. SKHHP may use third party reviewers to evaluate estimated construction costs. Development and operating budget forms should provide detailed explanation to support estimated expenses. If support services are identified as an integral part of the project, a detailed services budget must also be submitted. Proposed financing will be evaluated for feasibility based on expressed interest from lenders and investors, and applicant (or applicant team, including more - experienced consultants and partners) should have experience in obtaining financing, and other competitive criteria (e.g., estimated tax credit score if LIHTC equity is proposed). B. Project Readiness Projects will be evaluated for their readiness to proceed. Applicants should demonstrate full site control, and have initiated the intake process with the local permitting authority. Applicants should have a "letter of consistency" from the jurisdiction where the project will be located affirming the project is consistent with the Consolidated Plan, local comprehensive plan and its housing element, and any local housing action plans. Projects that propose significant fundraising should demonstrate steps taken to prepare for and implement a capital campaign plan. Projects that will rely on public funding to cover the costs of ongoing operations or services should identify and describe the availability of such funding, and report on the project's competitiveness for such funds based on discussions with likely funders. C. Development Team Track Record Project review will take into consideration how well experienced development teams have performed on previously funded projects and, in the interest in increasing the diversity of housing and community Page 6 of 21 ATTACHMENT B developers, how less experienced developers (or partners/consultants on their team) demonstrate an understanding of the steps and structures needed for success. When there is an applicable track record (for the applicant or partner/consultants), the application should identify lessons learned from those projects and describe how performance/actions have been modified as a result. D. Property and Asset Management Capacity The proposed property and asset management entities will be evaluated on their experience, performance, or developing capacity in managing comparable developments. Successful asset managers will have a detailed understanding of the physical and financial condition of their properties, regularly updated capital needs assessments, and thoughtful policies for balancing the objective of maintaining affordable rents and planning for healthy reserves and operating income to cover current and future expenses. If a project is in its preliminary stages, a boiler plate management plan may be submitted with the application. A final management plan will be required prior to contracting. A successful management plan will include the following information: (i) Occupancy: Information in the occupancy management plan must include lease information (length, tenant eligibility and selection standards, standards for termination of lease, eviction, lease renewal) and marketing strategies including local outreach. (ii) Facility: The facility management plan should include provisions for both routine and long- term building maintenance. (iii) Supportive Services: If applicable, the applicant must describe how any supportive services identified as an integral part of the project will be provided, either directly or through linkages with an existing network of service agencies and describe how those services will be in accordance with best practices for the intended population. E. Displacement and Relocation Any activity which would result in the displacement of existing residents, especially low- and/or moderate -income residents and/or BIPOC residents is discouraged. If displacement may occur, the applicant must submit, as part of the application for capital funds, a plan for providing relocation assistance to the displaced residents. If relocation may occur, the applicant is strongly encouraged to contact the King County Housing Finance Program's Relocation Officer at (206) 263-9105 immediately to discuss project details and determine the relocation plan and process appropriate for your project and funding needs. Relocation costs should be included in the project budget. Projects funded with federal dollars (e.g., CDBG funds) must meet all applicable federal relocation requirements. F. Supporting Equity The proposed project will be evaluated based on whether the development will advance the goals of equity, including preserving existing communities at risk of displacement (including manufactured housing communities); increasing opportunities for extremely low-income households (households with incomes at or below 30 percent of area median income); creating meaningful project partnerships (including with BIPOC-lead organizations) that give voice and ownership to residents and communities of color; affirmatively marketing new housing opportunities to communities less likely to access opportunities in South King County; providing affordable housing as a public investment — and potential catalyst — in areas that have traditionally received less services and/or public investments; and addressing historic inequities in access to homeownership. Page 7 of 21 ATTACHMENT B G. Nature of location As part of the decision process, reviewers will want to understand how the proposed development fits into the neighborhood and would help further any number of public policy goals. Examples of furthering public policy goals could include: - Locating in a "high opportunity" location, with proximity to or easy access to jobs, grocery stores, pharmacies, schools/childcare, transportation, and community or cultural centers; - Providing affordable housing in areas at high -risk of displacement or experiencing a loss of naturally occurring affordable housing; and - Investing public dollars in areas traditionally/historically underserved or as a catalyst for further investments and development. Page 8 of 21 ATTACHMENT C RESOLUTION NO. 2021-04 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS, ADOPTING LEGISLATIVE PRIORITIES FOR USE DURING THE 2022 WASHINGTON STATE LEGISLATIVE SESSION WHEREAS, the South King Housing and Homelessness Partners (SKHHP) Executive Board has agreed to advocate for certain legislative issues for 2022; and WHEREAS, the actions of the Washington State Legislature in respect to local, regional, and state issues, services, and funding have a profound effect on SKHHP's ability to pursue its mission and goals, and each participating jurisdiction's ability to provide local services to its residents; and WHEREAS, the SKHHP Executive Board recognizes these priorities are not all encompassing, in that certain additional items may arise during the legislative session that require support or opposition; and WHEREAS, the SKHHP Executive Board believes it is appropriate to communicate its position regarding issues affecting the region and local government that may come before the State Legislature during the 2022 legislative session; and WHEREAS, the SKHHP Executive Board agreed to these priorities at the SKHHP Executive Board meeting on , 2021. NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The SKHHP Executive Board adopts the SKHHP 2022 State Legislative Priorities as shown in Attachment A. Section 2. SKHHP staff shall distribute these legislative priorities to appropriate Legislative District representatives and to other regional government entities and organizations. Section 3. SKHHP staff shall work with other organizations and agencies with shared legislative priorities and advocate, testify, and/or otherwise promote legislative support for the SKHHP priorities. Section 4. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed this day of SOUTH KING HOUSING AND HOMELESSNESS PARTNERS NANCY BACKUS, CHAIR , 2021. Resolution No. 2021-04 October 22, 2021 Rev. 2018 Page 9 of 21 ATTACHMENT C South King Housing and Homelessness Partners Washington State Legislative Priorities South King Housing and Homelessness Partners (SKHHP) is a coalition of 10 jurisdictions working together and sharing resources in order to increase the available options for South King County residents to access affordable housing and to preserve the existing affordable housing stock. SKHHP supports the following state legislative priorities for 2022: INCREASE HOUSING STABILITY Support amendments to the statewide just cause eviction legislation to address the lease term loophole. Support state policies that address discrimination against renters based on prior criminal record. Support housing stability as part of COVID-19 recovery by: • maintaining and strengthening pandemic -related renter protections. • Providing assistance for foreclosure prevention SUPPORT LOCAL PLANNING Support efforts to secure local funding for comprehensive plan updates that increase opportunities for affordable housing and counter displacement, and support implementation of past legislation like E2SHB 1220. FUND AFFORDABLE HOUSING Increase existing funding sources like the State Housing Trust Fund and authorize new, progressive sources that do not disproportionately burden low-income households. Support funding and policy decisions that reflect the role of affordable homeownership in ensuring wealth building for individuals and families affected by racial and ethnic segregation, marginalization, and discrimination. Provide direct funding to the South King Housing and Homelessness Partners (SKHHP) Housing Capital Fund. SKHHP partner cities established a mechanism to pool sales tax credit revenues authorized by SHB 1406. State matching funds will provide much needed investment in affordable housing in South King County. Contact. South King Housing and Homelessness Partners 25 West Main Street Auburn, WA 98001 253-931-3042 1 skhhp.org info@skhhp.org SKON: Page 10 of 2 ATTACHMENT D RESOLUTION NO. 2021-05 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS (SKHHP), ADOPTING RULES AND PROCEDURES WHEREAS, Section 5(d)(2) of the SKHHP Interlocal Agreement authorized the Executive Board to adopt rules of procedures for the administration of SKHHP and for the conduct of meetings; and WHEREAS, the SKHHP Executive Board adopted Rules of Procedures in Resolution 2019-04; and WHEREAS, after two years of operations the SKHHP Executive Board identified necessary changes to the Rules of Procedure that reflect hiring of an Executive Manager, and election of officers that represents the different forms of government administration represented among SKHHP jurisdictions. NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board adopts the Rules of Procedure in Exhibit A. Section 2. This Resolution will take effect and be in full force on passage and signature. Dated and Signed this day of . 2021. E,'%l1111111d:I:/lki[eZela1l1kiIII vd:1611l&91►[C7_1ki1I7:[CJil*11111111*•' *.1ki1 **1 NANCY BACKUS, CHAIR Resolution 2021-05 October 22, 2021 Page 11 of 21 SOUTH KING HOUSING AND HOMELESSNESS PARTNERS RULES OF PROCEDURE Adopted , 2021 Page 12 of 21 ATTACHMENT D Table of Contents Section I. AUTHORITY: ..................................................... II. MEETINGS........................................................ III. ELECTION OF OFFICERS: ............................... IV. CHAIR........................................................... V. QUORUM: ........................................................ VI. VOTING: ....................................................... VI I. RULES OF ORDER: ......................................... VIII. AMENDMENT: .............................................. Page ...............................................................................14 ...............................................................................14 ...............................................................................15 ...............................................................................15 ...............................................................................16 ...............................................................................16 ...............................................................................17 ...............................................................................17 Page 13 of 21 ATTACHMENT D I. AUTHORITY: The authority to adopt and amend the Rules and Procedures Bylaws governing the procedures and operations of the South King Housing and Homelessness Partners ("SKHHP") is derived from the Interlocal Agreement providing the formation of SKHHP ("ILA") executed by the Parties. r nTFIER r / r I r 1 II. MEETINGS Regular meetings shall be held at the time(s) and place(s) established by the Executive Board. The time and location of a meeting may be changes with at least 24 hours' notice. 2. If the scheduled meeting data is a legal holiday, the regular meeting shall be held on the next business day. 3. Special meetings of the Board may be called by the Chair. Special meetings of the Board may also be called by an 3 members of the Board. A minimum notice of 24 hours shall be provided for special meetings in accordance with State law. 4. If no matters over which the Board has jurisdiction are pending upon its calendar, a meeting may be canceled at the notice of the Pregrar n Executive Manager or Chair provided at least 24 hours in advance. 5. Meetings of the Board shall be conducted in conformity with the requirements of the Washington State Open Public Meetings Act, Chapter 42.30 of the Revised Code of Washington (RCW). Executive sessions can only be held in accordance with the provisions of Section 42.30.110 RCW. 6. The Board may conduct business in closed sessions as allowed in conformity with Section 42.30.140 RCW. 7. An agenda shall be prepared in advance of every regular and special meeting of the Board. Meeting agendas and materials on items on an agenda for a regular meeting shall be provided to members of the Board not less than five (5) working days in advance of the regular meeting. Meeting agendas and materials OR items OR an o`vo for a special meeting shall be provided to members of the Board as promptly in advance of the meeting as can be reasonably accomplished. meeting. Page 14 of 21 ATTACHMENT D 8. For purposes of providing adequate and broad public notification of meeting details, discussion topics, and decisions of the Board, the Administering AgenGy Executive Manager. 9. will include representatives of each member of the SKHHP partnership in its public notice distribution list. Each SKHHP member will utilize local methods of posting and distributing materials within its community. III. ELECTION OF OFFICERS: 1. The officers of the Board shall consist of a Chair and Vice Chair elected from the appointed members of the Board and such officers as the Board may, by the majority vote, approve and appoint. The elected officers must include one Dosition held by an Executive Board member from a council-manaaer form of municipal government. 2. The election of officers shall take place once each year at the Board's first regular meeting of each calendar year, or as soon thereafter as possible. The term of office of each officer shall run until the subsequent election. Officers may hold over in their positions until a successor is appointed. 3. The Executive Manager will accept nominations and recommendations from members of the Executive Board, shall determine whether nominees will consent to serve if elected, and shall prepare a slate of candidates with at least one nominee for each position. Members of the Executive Board shall be advised of the slate of candidates at least one week prior to the last regularly -scheduled meeting of the calendar year. 4. If the Chair or Vice -Chair vacates their position mid-term, the Board will re- elect officers at their next scheduled meeting and as their first order of business. If it is the Chair position that has been vacated, the Vice -Chair will administer election proceedings. IV. CHAIR 1. The Chair shall preside over the meetings of the Board and may exercise all the powers usually incident in of the office. The Chair is a member of the Board and has the full right to have their own vote recorded in all deliberations of the Board. Unless stated otherwise, the Chair's vote shall be considered to be affirmative of the motion. 2. The Chair shall have power to create temporary committees of one or more members. Standing committees of the Board shall be created at the direction of the Board and appointed by the Chair. Standing or temporary committees may be charged with such duties, examinations, investigations, and inquiries relative Page 15 of 21 ATTACHMENT D to one or more subjects of interest to the Board. No standing or temporary committee shall have the power to commit the Board to the endorsement of any plan or program without the approval at the regular or special meeting of the Board. 3. The Vice Chair shall in the absence of the Chair, perform all the duties incumbent upon the Chair. 4. In the event of the absence of the Chair and Vice -Chair, the Executive Manager inecerinr member of the Board precen+ shall act as Chair for that meeting or may delegate the responsibility to another member. V. QUORUM: A simple majority of the appointed members or alternates shall constitute a quorum for the transaction of business. If at any time during the meeting, a quorum is longer present, the meeting may only continue for the time and duration necessary to fix a time for adjournment, adjourn, recess, or take measures to obtain a quorum. Members may participate by phone or video conferencing for all purposes, including voting and establishing a quorum. VI. VOTING: A simple majority of the membership is required to approve any action, except that 2/3rds majority is required to appoint the Administrative Agency, add a new Party to the ILA, or to modify the contribution methodology for dues and assessments. Any member, including the Chair, not voting or not voting in an audible voice shall be recorded as voting in favor of the motion. 2. The Chair, or on a request from a Board member, may take a roll call vote. 3. It is the responsibility of each member of the Board to vote when requested on a matter before the full Board. However, a member may abstain from discussion and voting on a question because of a stated conflict or interest. 4. If any member of the Board wishes to abstain, or has disclosed a conflict of interest and must abstain from a vote on the motion, that member shall so advise the Chair and, if there is no objection to the abstention, shall physically remove and absent themselves from the meeting, all deliberations, and considerations of the motion, and shall have no further participation in the matter. 5. If the intended abstention can be anticipated in advance, the member should notify the Board Chair as soon as practicable. 6. If a tie vote exists, after recording the Chair's vote, the motion fails. However, a motion for denial that fails on a tie vote shall not be considered an approval. Page 16 of 21 ATTACHMENT D 7. The ILA offers flexibility in the method used for the Executive Board to take action. At a minimum, in order to ensure an efficient, clear and organized record of Executive Board decision making, the following types of action shall be taken under Resolution: • Annual budget • Annual work plan • Adoption and amendments to Rules of Procedure • Establishment of the frequency, day, and time of the Executive Board's meeting schedule in order to ensure meetings are categorized as a general meeting • Amendments to the Interlocal Agreement • Determination of Administering Agency and host city locations • Adding new member jurisdictions RULES ES OF ORDER VII. RULES OF ORDER: Except as modified by these rules of procedure, all meetings of the Executive Board shall be conducted in accordance with the latest edition or revision of Robert's Rules of Order. VIII. AMENDMENT: The Rules of Procedure may be amended at any regular meeting the Board by a majority vote of the entire membership. The proposed amendment should be presented in writing at a preceding regular meeting. Page 17 of 21 ATTACHMENT E CITY OF BURIEN, WASHINGTON ORDINANCE NO.783 AN ORDINANCE OF THE CITY OF BURIEN, WASHINGTON, EXTENDING BURIEN'S TEMPORARY EVICTION MORATORIUM UNTIL 11:59 PM ON JANUARY 15, 2022, PROVIDING FOR SEVERABILITY, AND TAKING EFFECT IMMEDIATELY UPON ADOPTION BY THE COUNCIL TO PROTECT THE PUBLIC HEALTH, SAFETY, AND PEACE. WHEREAS, in response to COVID-19 and guidance and warnings from the Center for Disease Control and the United States Department of Health and Human Services, Washington State Governor Jay Inslee proclaimed a State of Emergency in Proclamation 20-05 on February 29, 2020; WHEREAS, that proclamation directed state agencies and departments "to utilize state resources and to do everything reasonably possible to assist affected political subdivisions in an effort to respond to and recover from the outbreak;" WHEREAS, the Burien City Council finds that the COVID-19 global pandemic has impacted the economic lives of many of its residents; WHEREAS, some residents are renters, and as a direct result of COVID-19, some renters are struggling or unable to pay their rent without government assistance or time to collect paychecks; WHEREAS, even before COVID-19, the nonpayment of rent was the leading cause of evictions in the State of Washington; WHEREAS, according to the U.S. Department of Housing and Urban Development's 2020 Annual Homeless Assessment Report Part 1 to Congress, there were 580,466 people experiencing homelessness in the United States on a single night in 2020, an increase of 12,751 people, or 2.2 percent from 2019, marking the 41h consecutive year that total homelessness has increased in the United States of America; WHEREAS, the HUD 2020 Annual Homeless Assessment Report, in Exhibit 1.6 on page 10, noted that in 2020, Washington state is estimated to have 22,923 people experiencing homelessness; WHEREAS, the HUD 2020 Annual Homeless Assessment Report, in Exhibit 1.8 on page 11, revealed that from 2019 — 2020, Washington state, the 131h most populous state in 2019 (7,278,717), had the third -largest increase in people experiencing homelessness with 1,346 more people experiencing homelessness, trailing the two most populous states in the union Texas with a Page 18 of 21 ATTACHMENT E 1,381 increase in people experiencing homelessness (with a 2019 population of 28,995,881), and California with a 10,270 increase in people experiencing homelessness (with a 2019 population of 39,512,223); WHEREAS, the concern of evictions and the likely increase in homelessness that would result prompted Governor Inslee and other governors throughout the United States to impose temporary eviction moratoria; WHEREAS, Governor Inslee's Moratorium on Evictions, Proclamation 20-19, dated March 18, 2020, found that "a temporary moratorium on evictions throughout Washington State at this time will help reduce economic hardship and related life, health, and safety risks to those members of our workforce impacted by layoffs and substantially reduced work hours or who are otherwise unable to pay rent as a result of the COVID-19 pandemic;" WHEREAS, Governor Inslee's Moratorium on Evictions prohibited "the following activities related to residential evictions by all residential landlords operating residential rental property in Washington State: 1. Residential landlords are prohibited from serving a notice of unlawful detainer for default payment of rent related to such property under RCW 59.12.030(3). 2. Residential landlords are prohibited from issuing a 20-day notice for unlawful detainer related to such property under RCW 59.12.030(2), unless the landlord attaches an affidavit attesting that the action is believed necessary to ensure the health and safety of the tenant or other individuals. 3. Residential landlords are prohibited from initiating judicial action seeking a writ of restitution involving a dwelling unit if the alleged basis for the writ is the failure of the tenant or tenants to timely pay rent. This prohibition includes, but is not limited to, an action under Chapters 59.12 or RCW 59.18 RCW. 4. Local law enforcement is prohibited from serving or otherwise acting on eviction orders that are issued solely for default payment of rent related to such property. Nothing in this Proclamation is intended to prohibit local law enforcement from acting on orders of eviction issued for other reasons, including but not limited to waste, nuisance or commission of a crime on the premises." WHEREAS, Governor Inslee has extended Proclamation 20-19 several times with the most recent extension being Proclamation 20-19.6, dated March 18, 2021, which extendsthe moratorium on evictions until 11:59 p.m. on June 30, 2021; WHEREAS, among the pronouncements in Proclamation 20-19.6, the Governor specifically proclaimed that "it is the intent of this order to prevent a potential new devastating impact of the COVID-19 outbreak —that is, a wave of statewide homelessness that will impact every community Page 19 of 21 ATTACHMENT E in our state;" that the goal of Proclamation 20-19.6 "is to continue to provide a path for eligible tenants to seek rental assistance, but to now also allow landlords, property owners, and property managers to initiate an application for rental assistance;" and "to provide relief to those individuals who have been impacted by the COVID-19 crisis" with an expectation that landlords and tenants "communicate in good faith with one another, and to work together, on the timing and terms of payment and repayment solutions that all parties will need in order to overcome the severe challenges that COVID-19 has imposed for landlords and tenants alike;" WHEREAS, once the eviction moratorium expires, the Burien City Council is concerned that many of the aforementioned renters may be evicted and added to the growing number of people experiencing homelessness in Burien, King County, Washington, and the United States of America; WHEREAS, the Burien City Council understands that not all landlords or property owners have the same resources, financial reserves, or access to capital and so tenant protections must be reasonable; WHEREAS, Art. XI, Sec. 11 of the Washington State Constitution grants the City of Burien broad police powers when it states that a municipality "may make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws;" WHEREAS, as an exercise of those broad police powers the Burien City Council intends to increase the tenant protections as the pandemic continues or concludes, and to protect tenants who need an opportunity to receive rental assistance or time to gather money to pay rent; WHEREAS, on June 21, 2021, the Burien City Council adopted Ordinance 773 extending Burien's Eviction Moratorium; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section One. Extend Burien's Eviction Moratorium established in Ordinance No. 773 until January 15, 2022, at 11:59 p.m., unless the council extends Ordinance No. 773 beyond that date. Section Two. Nothing in this ordinance shall be construed or interpreted to shorten or be contrary to any state law, and in particular, Washington Engrossed Second Substitute Senate Bill 5160. If state law provides for greater time or more stringent requirements, that law shall control. Section Three. Severability. Should a court of competent jurisdiction find any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Page 20 of 21 ATTACHMENT E Section Four. Publlshed.This ordinance shall be published in Burien's official newspaper. Section Five. Emergency Ordinance. This ordinance was adopted by at least a majority plus one of the entire council forthe purpose of protecting the public health, safety, and peace, and shall take effect immediately upon adoption asthe possibility of tenants being evicted poses a public health, safety, and peace emergency to the community. ADOPTED BY THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, AT A REGULAR BUSINESS MEETING THEREOF THIS 27t' DAY OF SEPTEM BER 2021. CITY OF BURIEN Jimmy Maea, Mayor ATTEST/AUTHENTICATED: jtt- Z�Z�� - Megan Gregor, CIVIC, City Clerk Approved as to f m: Garmon News o II, ityAttorney Filed with the City Clerk: September 21, 2021 Passed by the City Council September 27, 2021 Ordinance No.: 783 Date of Publication: October 1, 2021 Effective Date: September 27, 2021 Page 21 of 21