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2021-11-19 SKHHP PacketSKHHP Executive Board November 19, 2021, 1:00 — 3:00 PM Virtual — Zoom Meeting Video conference: https://zoom.us/j/99857398028?pwd—eXFiMmJpQmlabDZmMmRQbHNOYS8 d OR by phone 253-215-8782 Meeting ID: 998 5739 8028 1 Password: 085570 CALL TO ORDER ROLL CALL INTRODUCTIONS OF OTHER ATTENDEES II. REVIEW AGENDA/AGENDA MODIFICATIONS III. APPROVAL OF OCTOBER 22, 2021 MINUTES Page 5 (ATTACHMENT A) Motion is to approve the October 22, 2021 SKHHP Executive Board meeting minutes IV. EDUCATIONAL ITEM a. JUST CAUSE EVICTION LEGISLATION (ATTACHMENT B) Purpose: discussion and information only to provide a learning opportunity about the statewide just cause eviction legislation passed in the 2021 session. Background: SKHHP's 2021 Legislative Priorities included support for statewide just cause eviction legislation. The Washington State Legislature passed statewide eviction legislation in the 2021 session that includes 17 just cause reasons for terminating a tenancy. The legislation also included a difference in application of the legislation between month to month tenancies and lease term agreements. V. OLD BUSINESS a. DRAFT RESOLUTION 2021-04: SKHHP 2022 LEGISLATIVE PRIORITIES (ATTACHMENT C) Purpose: adopt state legislative priorities to advocate for housing issues consistent with SKHHP's mission that may come before the State Legislature during the 2022 legislative session. [girl Page 8 1:10 — 1:30 Page 13 1:30 — 2:00 Page I 1 Background: 2022 state legislative priorities were first discussed at the October meeting and were tabled for additional discussion. Draft Resolution 2021-04 identifies legislation likely to come before the State Legislature that are consistent with SKHHP's mission. Previous actions: SKHHP ILA purpose to act cooperatively to formulate affordable housing policies and strategies that address housing stability and foster efforts to preserve and provide affordable housing. SKHHP Resolution 2021-04 supports local and statewide efforts to implement tenant protection and housing stability policies. SKHHP 2021 Legislative Agenda supporting statewide just cause eviction legislation to improve housing stability and provide consistency in information and education. Staff presentation: Angela San Filippo Motion is to approve Resolution 2021-04 SKHHP 2022 Legislative Priorities VI. NEW BUSINESS a. DRAFT RESOLUTION 2021-05: SKHHP RULES OF Page 15 2:00 — 2:20 PROCEDURE (ATTACHMENT D) Purpose: amend rules of procedure adopted in 2019 by Resolution 2019-04 to reflect current practices, and incorporate staff work group recommendation for officer positions to represent different forms of government and discuss rotating leadership opportunities for incorporation into resolution. Background: the rules of procedure were adopted in 2019 before staff were hired. Clarifications are needed in the rules of procedure to reflect administering agency and staff responsibilities. In addition, to provide leadership that reflects the differing types of government and Board representatives in various positions within their jurisdiction, the staff work group recommended incorporation of provisions that stipulate officer positions represent differing forms of government. The staff work group also recommended Board discuss whether or not to incorporate provisions for rotation of leadership opportunities. Previous actions: SKHHP Resolution 2019-04 adopting rules of procedure. Page 12 Staff presentation: Angela San Filippo Discussion: Does the additional provision in Section III draft Resolution 2021-05 help advance the goal of ensuring SKHHP leadership reflects the differing government structures of member jurisdictions? Should the rules of procedure include provisions for rotation of leadership opportunities? Motion is to approve Resolution 2021-05 SKHHP Rules of Procedure b. DRAFT RESOLUTION 2021-06: SKHHP HOUSING Page 22 2:20 — 2:50 CAPITAL FUND ADMINISTRATIVE PROCEDURES (ATTACHMENT E) Purpose: adopt administrative procedures for the SKHHP Housing Capital Fund that is consistent with the SKHHP Interlocal Agreement (ILA). Background: the SKHHP ILA provides a framework for how Auburn, as SKHHP's administering agency, may set up an accounting system for the SKHHP Housing Capital Fund. In consultation with Auburn's finance department, setting up an accounting system as specified in the ILA would require additional staff capacity and a subsequent budget request. The draft resolution creates a framework and lays out responsibilities and expectations for administering the SKHHP Housing Capital Fund consistent with the ILA without requiring additional finance staff capacity by designating authority for individualized tracking to SKHHP staff. Previous actions: SKHHP ILA includes procedures for administering housing capital fund account contributions and includes authority for administering agency's responsibilities in the ILA to be delegated to SKHHP staff as agreed upon by the administering agency and Executive Board. Staff presentation: Angela San Filippo Motion is to approve Resolution 2021-06 SKHHP Housing Capital Fund Administrative Procedures c. DECEMBER MEETING SCHEDULE 2:40 — 2:50 Purpose: decide December meeting schedule Background: December meeting is scheduled for December 17. When settina the 2021 meetina schedule the Page 13 December meeting was set for the third rather than the fourth Friday to accommodate the Christmas holiday. d. 2022 EXECUTIVE BOARD MEETING SCHEDULE Page 25 2:50 (ATTACHMENT F) Purpose: discuss 2022 meeting schedule Background: the current meeting schedule is the 4t" Friday of each month from 1:00 pm — 3:00 pm. Meetings have been held virtually since April 2020. Discussion: • Should SKHHP continue with the current Executive Board meeting schedule for 2022? VII. UPDATES/ANNOUNCEMENTS (as time allows) VIII. ADJOURN i 11 Page 14 ATTACH M ENT A SKEE: I. CALL TO ORDER Nancy Backus called the virtual meeting to order at 1:02 PM. a. ROLL CALL/ESTABLISHMENT OF QUORUM SKHHP Executive Meeting October 22, 2021 MINUTES Executive Board members present: Nancy Backus, City of Auburn; Dana Ralph, City of Kent; Brian Wilson, City of Burien; Joseph Cimaomo, City of Covington; Traci Buxton, City of Des Moines; Brian Davis, City of Federal Way; Kelly Rider, Alternate King County; Amy Arrington, Alternate City of Normandy Park; Ryan Mclrvin, City of Renton; Tom McLeod, City of Tukwila Other attendees: Angela San Filippo, SKHHP; Trish Abbate, SKHHP; Hali Willis, SCA; Nora Gierloff, City of Tukwila; JC Harris, City of Des Moines; Colleen Brandt -Schluter, City of Burien; Sarah Bridgeford, City of Federal Way; Eric Lane, City of Des Moines; Dafne Hernandez, City of Covington; McCaela Daffern, King County; Mark Santos -Johnson, City of Renton; Robert Feldstein, Cedar River Group; John Howell, Cedar River Group; Laurel Humphrey, City of Tukwila; Patience Malaba, Housing Development Consortium II. REVIEW AGENDA/AGENDA MODIFICATIONS No agenda modifications. III. APPROVAL OF SEPTEMBER 24, 2021 MINUTES Traci Buxton moved to approve the September 24, 2021 minutes as presented; Brian Wilson seconded the motion. Motion passed unanimously (9-0). Dana Ralph arrived after the vote. IV. OLD BUSINESS a. SKHHP Housing Capital Fund i. Evaluation Criteria (introduced at August meeting) The evaluation criteria is not a priority list but rather a summary of information that will be used to discuss and evaluate applications. Robert Feldstein introduced the material by explaining that it is an attempt at converting the evaluation criteria into usable language for people seeking funding that describes what elements will be examined within each proposal. The evaluation criteria generally focuses on feasibility and cost effectiveness, relevance of the project to local housing needs, suitability of the project sponsor and development team, and advancing the goals of equity. Suggestion to add project timeline/timeliness to the criteria. Discussion around the order of items in the document and a suggestion to use bullets instead of numbers to clarify this is not a prioritized list. Specific details about areas to be evaluated to support the focus areas include: development and operating budgets, project readiness, and development team track record. Suggestion to include language that considers varying land costs. Discussion around funding and the differences between being first or last money in and the suggestion to add language around demonstrating previous fundraising success. Discussion around displacement impacts due to project development. Suggestion to strike sentence about King County Housing Finance Program's Relocation Officer since contact info changes readily. Alternate reading to include language that confirms King County Page IS ATTACH M ENT A Housing Finance Program is involved and request that applicant share details about what relocation due diligence has occurred. Suggestion to clarify the supporting equity section to indicate "SKHHP's" equity goals. V. NEW BUSINESS a. Draft Resolution 2021-04: SKHHP 2022 Legislative Priorities b. Draft Resolution 2021-05: SKHHP Rules of Procedure Brian Wilson moved to approve Resolution 2021-04: SKHHP 2022 Legislative Priorities, Brian Davis seconded the motion. Discussion occurred around the lingering loophole in the current statewide just cause protection and uncertainty about including it on the legislative priority list. Joseph Cimaomo moved to table the discussion on the SKHHP 2022 Legislative Priorities and revisit it in November. Motion dies without a second, does not pass. Continued discussion over concerns around lack of clarity . Suggestion to gather more details and clarification for next month's meeting and to revisit the topic. Brian Wilson moved to remove "support amendments to the just cause legislation to address the lease term loophole" from the approval of the SKHHP 2022 Legislative Priorities and have discussion at next month's meeting, Brian Davis seconded. Motion passes (9-0). Amy Arrington abstained. Cimaomo moved to table the discussion of the SKHHP 2022 Legislative Priorities in its entirety until the November meeting, Traci Buxton seconded. Motion passes 9-1 (Brian Wilson opposed) Resolution 2021-05 was removed from the agenda and will be addressed next month. VI. EDUCATION ITEM Trish Abbate introduced the educational items. In preparation for the statewide eviction moratorium bridge expiring on October 31, 2021 there is concern about the impact on local residents and communities. Following Tim Thomas' presentation and subsequent conversations about eviction and displacement prevention, we are highlighting what is occurring on the local level. Kelly Rider shared details about the King County Eviction Prevention and Rental Assistance Program and Brian Wilson presented Burien's local ordinance extending the eviction moratorium. a. Kelly Rider — King County Eviction Prevention and Rental Assistance Program (EPRAP) Kelly Rider shared an EPRAP update: - King County has accelerated but needs to do even more - There may not be enough for the current need - Rent assistance is a short-term necessity, but not a long-term solution - The affordable housing crisis will outlive historic rent assistance funds EPRAP has two parts: eviction prevention, which funds legal aid & dispute resolution centers to stop an eviction and rental assistance, which pays rent on behalf of eligible households whose arrears are due to financial impacts of the COVID-19 pandemic to avoid an eviction. EPRAP has spent $88M in rent assistance so far, with $300M available through the end of 2022. Documentation processes have been streamlined to meet the emergent program needs. Another recent update allows landlords to receive 50% advances. Page 16 ATTACHMENT A 320 landlords have signed up, as of October 17, 89 landlords have been served and the county is actively working with 96 landlords. Of the 32,612 tenants who have expressed interest, 5,376 tenants have had rent paid averaging $12K. Landlord payments so far are lower than expected, while tenant payments are higher than expected. Tenants are able to receive 9 months back rent and 3 months of future rent. The goal is to ensure that tenants in the program remain stably housed. King County staff has quadrupled to meet the program needs. The goal is to serve 12,000 households from January through October 2021. The Housing Justice Project and Dispute Resolution Centers have been funded to support tenants with eviction prevention services while they await rental assistance. b. Local Action — City of Burien Ordinance extending eviction moratorium Brian Wilson introduced the ordinance that extends Burien's eviction moratorium through January 15, 2022 and added that a large part of Burien's motivation in extending the moratorium was to compliment the King County effort, allowing tenants to have more time to access the resources they may need. VII. UPDATES/ANNOUNCEMENTS Discussion around December 17 meeting, decision whether or not to cancel will occur next month. First SKHHP Advisory Board meeting will occur on November 2 at 6pm. SKHHP presenting to Maple Valley city council on November 8. SKHHP Executive Board meeting agenda format will be modified starting next month.. Vill. NEXT MEETING —November 19, 2021 — 1-3pm IX. ADJOURN Backus adjourned the meeting at 2:59 pm. ATTACHMENT B 6345EN I August 2021 Washington LawHelp www.WashingtonLawHelp.org New Washington State Law: Landlords must give a "good" reason to end a tenancy or not renew a lease (short version) ❖ Read this only if you live in Washington State. ❖ Eviction law continues to change. Read about the latest changes to the law at WashingtonLawHelp.org/resource/eviction ❖ You can find all the fact sheets we link to at Washington LawH elp.org Tenants in Washington State: Read this! A new state law says landlords must have a "good" or legal reason for not renewing a rental agreement, ending (terminating) a tenancy, or evicting a tenant. This new law (House Bill 1236) went into effect on May 10, 2021. The new law lists what counts as a "good" reason to ask a tenant to leave the rental unit or to evict a tenant. We discuss these reasons and which tenants are protected by this law below. I rent my home. Does this new law apply to me? Yes, the new law protects you: • If you have a lease or a "fixed -term" written agreement. This means you and the landlord have agreed to rent for a specific time, like 6 or 12 months. • If you area "month -to -month" tenant for an indefinite amount of time, even if you had a prior written rental agreement. No, the new law does not protect you: Northwest Justice Project October 22, 2021 Page 18 P. 1 ATTACHMENT B 6345EN I August 2021 Washington LawHelp www.WashingtonLawHelp.org • If you have had a written rental agreement for multiple 6 to 12 month terms without ever becoming a month -to -month tenant. For example, you have lived for many years in a rental and have renewed your rental agreement every time it came up for renewal. • If you area month -to -month tenant, but you and your landlord made a written or verbal rental agreement to only rent for a specific time between May 10, 2021 and three months after the end of the state eviction moratorium. The new law does not protect me. Does the landlord still have to give me some kind of notice? Yes. If the new law does not protect you, your landlord does not have to give one of the "good reasons" listed below to stop renting to you or to evict you. However, the landlord must still give you a 60-Day Notice that they want to stop renting to you. Legal Reasons to Evict There are several "good causes" or reasons landlords can use to terminate a tenancy or evict a tenant. In all cases, landlords must properly serve a written notice (on paper). They cannot just tell a tenant verbally, or through a text message. They cannot try to force a tenant out by changing the locks, or shutting off the utilities. Read My Landlord Locked Me Out: What Can I Do to learn more. �3 If your landlord evicts you in violation of this new law, you may have a case for wrongful eviction. Talk to a lawyer right away. There may be deadlines for filing a lawsuit. Here are the reasons a landlord can terminate a tenancy, and how much notice the landlord must give the tenant in each situation. Northwest Justice Project Page 19 ATTACHMENT B 6345EN I August 2021 Washington LawHelp www.WashingtonLawHelp.org 1. Rent. If the landlord believes you have fallen behind in rent, the landlord can give you a 14-Day Notice to Pay or Vacate. Read My Landlord Just Gave Me a 14-Day Notice to Pay Rent or Vacate to learn more. ❖ Landlords can only give this type of notice after eviction moratoria end. The state eviction moratorium ended on June 30, 2021 but some protections remain for renters behind on rent. And some cities in Washington State still prohibit some evictions. Talk to a lawyer right away if you get this type of notice. 2. Lease violation. If the landlord believes you have broken ("violated") an important term or rule in a lease, the landlord can give you a 10-Day Notice to Comply or Vacate. If you live in subsidized housing, the landlord can give you one of these notices for violating an important requirement of the housing program. Read My Landlord lust Gave Me a 10-Day Notice to Comply or Vacate. 3. Repeated lease violations. If you have gotten four or more written "10- Day" notices in the last 12 months, the landlord can give you a 60-Day Notice. 4. Crime or nuisance. If the landlord believes you have committed crimes on the property or have repeatedly or substantially interfered with your neighbors' or landlord's right to use and enjoy their own homes, the landlord can give you a 3-Day Notice to Quit. Read My Landlord lust Gave Me a 3-Day Notice to Quit to learn more. 5. Shared space. If you and the landlord share a dwelling unit, kitchen or bathroom, the landlord must give you a 20-Day Notice before the end of the rental term. 6. Sexual harassment. If the landlord believes you have made unwanted sexual advances or sexually harassed the property owner, a manager, or another tenant, in violation of the lease, the landlord can give you a 20-Day Notice. A landlord may also give you this type of notice if the landlord believes you have harassed the landlord, an employee or another tenant on the basis of race, gender or another protected status. Northwest Justice Project p. 3 Page 110 ATTACHMENT B 6345EN I August 2021 Washington LawHelp www.WashingtonLawHelp.org 7. Condemned. If a certified local agency has said the rental unit is "uninhabitable", the landlord can give you a 30-Day Notice. If 30 days' notice is not possible, the landlord must give as much advance notice as possible. Read Tenants' Rights: My Place has been condemned to learn more. B. Transitional housing. If you are in a transitional housing program and your participation has ended or you no longer qualify for the program, the landlord can give you a 30-Day Notice. 9. Overstayed lease. If you are still living in the rental unit after your lease or rental agreement ended and you have not signed a new, "reasonable" agreement after being asked to by the landlord, the landlord can give you a 30-Day Notice. 10. Not on the lease. If you are living in the rental for at least six months without being on the lease and the person on the lease moves out, the landlord can give you a 30-Day Notice demanding that you apply to be on a rental agreement or vacate. You have these 30 days to fill out and submit a rental application to live in the rental. The landlord must use the same criteria to consider your application as any other applicant in deciding whether to approve or deny your application. 11. False application. If you intentionally lied on your rental application about something important, the landlord can give you a 30-Day Notice. 12. Sex offender. If you must register as a "sex offender" during the tenancy or you did not share that you are registered as a "sex offender" on your rental application, the landlord can give you a 60-Day Notice. 13. Landlord no longer renting at all. If the landlord has a "business or economic reason" to no longer rent the place, the landlord can give you a 60-Day Notice. 14. Landlord needs place for self or family. If the landlord or their immediate family needs to move into the rental unit, the landlord can give you a 90-Day Notice. Northwest Justice Project p. 4 Page 111 ATTACHMENT B 6345EN I August 2021 Washington LawHelp www.WashingtonLawHelp.org 15. Landlord is selling. A landlord who is going to sell the rental unit can give you a 90-Day Notice. If the landlord does not actually sell the home, you can sue for unlawful eviction. 16. Renovations. A landlord who plans to knock down (demolish) or renovate the home can give you a 120-Day Notice. 17. Condo. A landlord who plans to make the rental a condominium can give you a 120-Day Notice. This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. © 2021 Northwest Justice Project — 1-888-201-1014. (Permission for copying and distribution granted the Alliance for Equal Justice and to individuals for non-commercial purposes only.) Northwest Justice Project OR Page 112 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 Resolution 2021-04 November 19, 2021 , 2021. Page 1 13 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- that improve housing stability.+„ address the lee-ase term fie. Support state policies that address discrimination against renters based on prior criminal record. SuppeFt Promote housing stability as part of COVID-19 recovery by supporting efforts to implement tenant protection and housing stability policies and funding strategies.- riandemir_relater_ re rater prete CtiE)RS Dre\IIdiRg ^acid^ Ree fer fereele-s ire pFeyentieo SUPPORT LOCAL PLANNING Support efforts to secure local funding for comprehensive plan updates that increase opportunities for affordable housing and counter displacement, and suppeA 0 mplemeRtatien of past legislatieR 11'/r. F_2_S R_ Yam. 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, marginal ization, 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 S P Page 114 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*611111111 d: I 'N I ki ICY6191111111 ki Ill vd:10111111I+91►[C1_1ki19l:ICLy► 144*•' *.1ki1 **1 NANCY BACKUS, CHAIR Resolution 2021-05 November 19, 2021 Page 1 15 ATTACHMENT D SOUTH KING HOUSING AND HOMELESSNESS PARTNERS RULES OF PROCEDURE Adopted , 2021 Page 1 16 ATTACHMENT D Table of Contents Section Page I. AUTHORITY: ........................................................................................................................................ 18 II. MEETINGS...........................................................................................................................................18 III. ELECTION OF OFFICERS: .................................................................................................................. 19 IV. CHAIR..............................................................................................................................................19 V. QUORUM: ........................................................................................................................................... 20 VI. VOTING: .......................................................................................................................................... 20 VI I. RULES OF ORDER: ............................................................................................................................ 21 VIII. AMENDMENT: ................................................................................................................................. 21 Page 117 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. II. MEETINGS 1. 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 Program 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 ^R +�s OR aR ono for a special meeting shall be provided to members of the Board as promptly in advance of the meeting as can be reasonably accomplished. AdMiRisteriRg AgeRGY ROt less thaR 8 working., days before the sGheduled mom Page 118 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 position held by an Executive Board member from a council-manager form of 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 119 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 120 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 121 ATTACHMENT E RESOLUTION NO. 2021-06 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP), AUTHORIZING THE SKHHP ADMINISTERING AGENCY TO ESTABLISH A SKHHP HOUSING CAPITAL FUND, AND ADOPTING POLICIES AND PROCEDURES FOR THE ADMINISTRATION OF THE FUND WHEREAS, SKHHP was formed on January 1, 2019 by Interlocal Agreement among the jurisdictions of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, Tukwila, and King County ("SKHHP formation ILA"); and WHEREAS, paragraph 14 of the SKHHP formation ILA stipulates the SKHHP Executive Board may authorize by resolution the Administering Agency to establish and maintain the SKHHP Housing Capital Fund; and WHEREAS, on February 4, 2021 eight of the nine SKHHP cities entered into an Interlocal Agreement for the purpose of pooling local resources authorized by RCW 82.14.540(10) (SHB 1406 ILA) to create the SKHHP Housing Capital Fund; and WHEREAS, per the SKHHP formation ILA, to the extent consistent with applicable law and as the Administering Agency and Executive Board agree, the Administering Agency's responsibilities may be delegated to SKHHP staff; and WHEREAS, the SKHHP Executive Board discussed and recommended approval of this Resolution at the regularly scheduled SKHHP Executive Board meeting on , 2021. NOW, THEREFORE, THE SKHHP EXECUTIVE BOARD RESOLVES as follows: Section 1. Creation of the SKHHP Housing Capital Fund. A SKHHP Housing Capital Fund is authorized to be established and maintained by the SKHHP Administering Agency for the purpose of holding and disbursing contributions of SKHHP jurisdictions, or other public or private entities (individually a "Party" and collectively, the "Parties") to support affordable housing projects and programs in the SKHHP sphere of influence. The SKHHP Housing Capital Fund shall remain open and accumulate funds until such time as it is dissolved by authorization of the SKHHP Executive Board. Section 2. Contributions The SKHHP Executive Manager shall coordinate with SKHHP jurisdictions to determine contributions to the SKHHP Housing Capital Fund on an annual basis. For capital planning purposes, each jurisdiction will identify the amount they will contribute towards the SKHHP capital fund during the first quarter of the current year. The commitment to contribute funding is not authority to spend the funds. These contributions will be -------------------------------- Resolution No. 2021-06 November 19, 2021 Page 1 22 ATTACHMENT E pooled and applied towards funding capital projects and programs, as recommended by the SKHHP Executive Board and approved by each contributing party's legislative body prior to expenditure. All grant funds received by the SKHHP Foundation Board shall be deposited into the SKHHP Housing Capital Fund. Section 3. Funding Allocations The SKHHP Advisory Board shall make recommendations to the SKHHP Executive Board on all funding allocations from the SKHHP Housing Capital Fund. No funds contributed to the SKHHP Housing Capital Fund through the SKHHP Foundation shall be expended from the SKHHP Housing Capital Fund without review by the SKHHP Foundation Board of Directors. Section 4. Funding Priorities The SKHHP Executive Board shall develop and review funding priorities annually based on available funding in the housing capital fund prior to issuing request for proposals of funding availability. Section 5. Records and progress reports. The SKHHP Executive Manager will maintain records consistent with the SKHHP formation Interlocal Agreement to separately track the deposits, and withdrawals of each Party's contributions to the SKHHP Housing Capital Fund and all allocations from individual Party contributions to each project and/or program. The SKHHP Executive Manager will provide quarterly progress reports to all Parties as to the status of all individual Party contributions, project and program contributions, interest earnings, and any repayments. Section 6. Interest earnings and repayments The Administering Agency will calculate all interest earnings in accordance with the Administering Agency's cash and investment policies based on the pooled cash balance at the end of each month, interest earnings will be pooled and available for capital project budgeting. Interest earnings will be applied by the SKHHP Executive Manager to each individual Party's contributions on a pro rata basis. Interest earnings will be subject to the same decision making process as individual Party contributions. Any repayments from specific projects and programs will be recorded by the Administering Agency and applied to the SKHHP Housing Capital Fund. Any repayments will be applied by the SKHHP Executive Manager to each individual Party's contributions on a pro rata basis. Repayments will be subject to the same decision process as individual Party contributions. -------------------------------- Resolution No. 2021-06 November 19, 2021 Page 1 23 ATTACHMENT E Dated and Signed this day of )2021. SOUTH KING HOUSING AND HOMELESSNESS PARTNERS NANCY BACKUS, CHAIR Resolution No. 2021-06 November 19, 2021 Page 1 24 ATTACHMENT F For reference and discussion the following is the 2022 SKHHP Executive Board meeting schedule dates based on the 2021 4t" Friday of the month schedule: January 28 February 25 March 25 April 22 May (Friday before Memorial Day) 27 June 24 July 22 August 26 September 23 October 28 November (3rd Friday to accommodate Thanksgiving holiday) 18 December (3rd Friday to accommodate Christmas holiday) 16 Page 125