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HomeMy WebLinkAboutCOW 2020-03-23 Item 3B - Resolution - House Bill 1406 and Sales Tax Revenue Program for Affordable HousingCOUNCIL AGENDA SYNOPSIS ---------------------------------- Initials Afeefinga Date Prepared by Mayor's review Council review 03/23/20 MS 04/06/20 MS ITEM INFORMATION ITEMNO. STAFF SPONSOR: MEREDITH SAMPSON ORIGINAL AGENDA DATE: 03/23/20 AGENDA ITEM TITLE HB 1406 Revenue Spending Options CATEGORY ® Discussion ,Utg Date 03123120 ❑ Motion Utg Date ® Resolution Utg Date 04106120 ❑ Ordinance Utg Date ❑ Bid Award Utg Date ❑ Public Hearing Utg Date ❑ Otber Utg Date SPONSOR ❑Council [:]Mayor ❑HR ®DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑Pik ❑Court SPONSOR'S Tukwila passed Resolution No. 1966 and Ordinance No. 2316 with an effective date of SuMNzARY November 1, 2019 to impose the Affordable Supportive Housing State Shared Tax authorized by HB 1406. Tukwila must now decide how to spend that revenue, whether it be pooling the revenue with SKHHP, keeping the revenue to be used on affordable housing initiatives in Tukwila, or a combination of the two. REVIE','ED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ® Planning/Economic Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 03/02/20 AND 3/16/20 COMMITTEE CHAIR: MCLEOD RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/23/20 Forward to next Regular Meeting 04/06/20 MTG. DATE ATTACHMENTS 03/23/20 Informational Memorandum dated 03/02/2020 (updated after 3/2 PED Committee) House Bill 1406 SKHHP Resolution No. 2019-06 Notice from Department of Revenue Resolution in draft form Minutes from the March 2 & March 16 PED Committee 04/06/20 Final Resolution 43 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning & Economic Development FROM: Minnie Dhaliwal, Deputy Director of Department of Community Development BY: Meredith Sampson, Associate Planner CC: Mayor Ekberg DATE: March 2, 2020 (updated March 16, 2020) SUBJECT: HB 1406 Investments in Affordable Housing, Revenue Options ISSUE How does Tukwila want to allocate revenue received from HB 1406? BACKGROUND During the 2019 legislative session, the state approved HB 1406 which is a local revenue sharing program for local governments. This allows local governments to collect a portion of state sales tax for addressing affordable housing. The tax credit is in place for up to 20 years. All projects funded by HB 1406 must serve those at or below 60% of the area median income (AMI). Homelessness and affordable housing are key issues both in the region as a whole and in the City of Tukwila itself. The revenue available to cities through this bill is a way to begin to address this issue through acquiring, rehabilitating, or constructing affordable housing; operations and maintenance of new affordable housing or supportive housing facilities; or for rental assistance. House Bill 1406 can be found as Attachment A. In September 2019 Tukwila passed Resolution No. 1966 and Ordinance No. 2316 with an effective date of November 1, 2019 to impose the Affordable Supportive Housing State Shared Tax authorized by HB 1406. The maximum award amount that Tukwila may receive each year is $165, 998.21. The revenue from HB 1406 can be used for: 1. Acquiring, rehabilitating, or constructing affordable housing; and/or 2. Operations and maintenance of new affordable housing or supportive housing facilities; and/or 3. Providing rental assistance to tenants (only an option for cities with a population less than 100,000 people). Tukwila's current population is 20,294. DISCUSSION Tukwila must make a decision regarding how to spend the revenue received from HB 1406 for the next 20 years. There are three options for spending the revenue: 1. Pool revenue with participating South King Housing and Homelessness Partners (SKHHP) cities. Tukwila currently participates in South King Housing and Homelessness Partners (SKHHP), which is a coalition formed by an interlocal agreement between Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, King County, and Tukwila. The purpose of SKHHP is to increase the available options for 45 INFORMATIONAL MEMO Page 2 South King County residents to access affordable housing and to preserve the existing affordable housing stock. Tukwila Signed SKHHP Resolution No. 2019-06 (Attachment B) which supports the idea of all participating SKHHP cities pooling the revenue received from HB 1406. Auburn, Burien, and Des Moines have both passed resolutions to pool all funding received from HB 1406 with SKHHP, assuming all other cities will also pool their resources. If other cities decide not to pool their revenue, they will not pool either. If all cities pool their revenue from HB 1406, the maximum revenue would be approximately one million dollars per year. The maximum yearly revenue per City is capped at .0073% of the sales tax revenue from 2019 and could be less based on actual sales tax collected each year. This tax credit is in place for 20 years, totaling approximately 20 million dollars overall if sales tax revenue stays consistent in the region. This money would be used toward affordable housing projects within the participating cities. City Estimated Annual Revenue Auburn $154,992 Burien $65,477 Covington $43,678 Des Moines $29,793 Federal Way $124,142 Kent $185,467 Normandy Park $4,866 Renton $236,380 Tukwila $165,998 Total $1,010,793 Table 1. Estimates based on 2018 data Of the participating SKHHP members, so far Auburn, Burien, and Des Moines have passed resolutions to pool 100% of their revenue from HB 1406. Kent has deferred this decision to the Mayor. The language used in the SKHHP Resolution No. 2019-06 specifies urging member cities to pool their funds. At this time King County is undecided as to how and where their revenue from this bill will be spent. The SKHHP Executive Board will be the body that will decide on how the pooled revenue from HB 1406 will be spent. Counties and cities that enact the provisions of HB 1406 may issue general obligation or revenue bonds, and may use money collected under HB 1406 for the repayment of bonds. 2. Maintain all revenue to be used in Tukwila. Tukwila could choose to keep all revenue collected from HB 1406 to be used toward: acquiring, rehabilitating, or constructing housing; operations and maintenance of new affordable housing; and/or providing rental assistance to low-income tenants, all within the City of Tukwila. Some examples of revenue spending within the City are: M. INFORMATIONAL MEMO Page 3 • Rehabilitating Tukwila's existing affordable housing stock, which may include partnering with King County Housing Authority. • Partnering with existing affordable housing developers on projects that are shovel -ready. • Providing rental assistance to Tukwila's low-income tenants. • Exploring the option to bond with the purposes of funding affordable housing construction 3. Keep a portion of the revenue for rental assistance or rehabilitation of the existing affordable housing stock in Tukwila and pool the remainder with SKHHP. Tukwila could choose to split the revenue from HB 1406 between rental assistance and pooling funds with SKHHP. Table 2 shows the maximum amount per year that Tukwila would keep for rental assistance and the amount that would be pooled with SKHHP when different percentages of the revenue from SHB 1406 are retained by the City. Max. HB 1406 Percent Used Maximum Maximum Number of Revenue/Year for Tukwila $/Year Used $/Year Tukwila Rental for Tukwila pooled to households Assistance Rental SKHHP to be Assistance served $165,998 10% $16,599.80 $149,398.20 24 $165,998 15% $24,899.70 $141,098.30 36 $165,998 20% $33,199.60 $132,798.40 47 $165,998 25% $41,499.50 $124,498.50 59 $165,998 30% $49,799.40 $116,198.60 71 Fable 2. Split Revenue between Rental Assistance and SKHHP Tukwila is in a unique position compared to other participating SKHHP cities. Only cities with a population under 100,000 people qualify to use the revenue from this bill on rental assistance, which Tukwila has. Tukwila also has an existing program in place that provides direct services to residents, which many other SKHHP cities do not. In 2019, Human Services provided rental assistance to 66 households with grants averaging between $500-$700. However, an additional 181 residents were qualified and counted as a 'turn -away'— meaning they qualified for assistance, but the City had no funds available to assist. Between 2018 and 2019, the City experienced a 376% percent increase in rental assistance need over the previous year. For context, in 2018, the City turned away 35 qualified residents; the percent change is indicating the City is experiencing a significant increase in need for rental assistance which it did not meet. Approximately 70% of financial assistance calls to human services are requests for rental assistance. Allocating a portion of the revenue collected through this bill could allow the City to stabilize additional households and enable those households to remain in Tukwila. If there are funds that have not been expended for rental assistance in Tukwila at the end of each year, these funds could then be pooled with SKHHP. Staff has looked at the building permit data of previous renovations of existing affordable housing owned by King County Housing Authority (KCHA) in Tukwila. The value of improvements ranges from $1.4 million dollars to $575 000. The higher end was for renovating a three story 30-unit apartment building in 2007 to upgrade its fire protection 47 INFORMATIONAL MEMO Page 4 and mechanical system The lower end was for minimal exterior envelope upgrades such as new siding trim and roof repairs to a two story apartment complex with 32 units in 2019 The maiority of KCHA housing was built in the 1960s and 1970s. As these properties age they become more expensive to operate and maintain. With each Passing year, features such as utility systems building envelopes, and elevators come closer to the end of their useful life span. To finance improvements KCHA has used low- income housing tax credits tax-exempt bonds and federal money to extend the life of its public housing If City Council elects to use some of the HB 1406 money for renovating existing housing it is likely that the split amount would not be sufficient to make a significant impact and the cost to upgrade apartments would outstrip the annual revenue available. FINANCIAL IMPACT Tukwila began collecting revenue from HB 1406 on November 1, 2019 per official notice from the Department of Revenue (Attachment C). Revenue is distributed to the City monthly from the Department of Revenue as a percentage of Tukwila's sales tax that, prior to this bill, went to the State. Tukwila's maximum yearly revenue from HB 1406 is $165,998.21. Tukwila will keep .0073% of the sales tax up to the maximum amount. Once the maximum award is reached, distribution of the tax will stop for the remainder of the fiscal year. RECOMMENDATION Administration and staff recommend keeping 30% of the yearly revenue from HB 1406 to be used toward rental assistance while pooling the rest of the funds with participating SKHHP cities. If there are funds that have not been expended for rental assistance by the end of each year, staff recommends pooling this revenue with SKHHP. This will allow the City to assist with affordable housing projects in the region as well as assist Tukwila residents in need. ATTACHMENTS A. House Bill 1406 B. SKHHP Resolution No. 2019-06 C. Notice from Department of Revenue D. Resolution 1 2 91 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 H-1301.2 SUBSTITUTE HOUSE BILL 1406 State of Washington 66th Legislature 2019 Regular Session By House Housing, Community Development & Veterans (originally sponsored by Representatives Robinson, Macri, Chapman, Valdez, Senn, Peterson, Kloba, Tharinger, Gregerson, Stanford, Walen, Doglio, Frame, Jinkins, Riccelli, Slatter, Ormsby, and Santos) READ FIRST TIME 02/08/19. AN ACT Relating to encouraging investments in affordable and supportive housing; and adding a new section to chapter 82.14 RCW. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: NEW SECTION. Sec. 1. A new section is added to chapter 82.14 RCW to read as follows: (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Nonparticipating city" is a city that does not impose a sales and use tax in accordance with the terms of this section. (b) "Nonparticipating county" is a county that does not impose a sales and use tax in accordance with the terms of this section. (c) "Participating city" is a city that imposes a sales and use tax in accordance with the terms of this section. (d) "Participating county" is a county that imposes a sales and use tax in accordance with the terms of this section. (e) "Qualifying local tax" means the following tax sources, if the tax source is instated no later than twelve months after the effective date of this section: (i) The affordable housing levy authorized under RCW 84.52.105; (ii) The sales and use tax for housing and related services authorized under RCW 82.14.530; and P. 1 SHB 1406 i • 1 (iii) The sales tax for chemical dependency and mental health 2 treatment services or therapeutic courts authorized under RCW 3 82.14.460. 4 (2)(a) A county or city legislative authority may authorize, fix, 5 and impose a sales and use tax in accordance with the terms of this 6 section. 7 (b) The tax under this section is assessed on the selling price 8 in the case of a sales tax, or value of the article used, in the case 9 of a use tax. 10 (c) The rate of the tax under this section for an individual 11 participating city and an individual participating county may not 12 exceed: 13 (i) Beginning on the effective date of this section until twelve 14 months after the effective date of this section: 15 (A) One one -hundredth percent for a: 16 (I) Participating city, unless the participating city levies a 17 qualifying local tax; and 18 (II) Participating county, within the limits of nonparticipating 19 cities within the county; 20 (B) Two one -hundredths percent for a: 21 (I) Participating city that currently levies a qualifying local 22 tax; 23 (II) Participating city if the county in which it is located 24 declares they will not levy the sales and use tax authorized under 25 this section; and 26 (III) Participating county within the unincorporated areas of the 27 county and any city that declares they will not levy the sales and 28 use tax authorized under this section; 29 (ii) Beginning twelve months after the effective date of this 30 section: 31 (A) One one -hundredth percent for a: 32 (I) Participating city that is located within a participating 33 county if the participating city is not levying a qualifying local 34 tax; and 35 (II) Participating county, within the limits of a participating 36 city if the participating city is not levying a qualifying local tax; 37 (B) Two one -hundredths percent within the limits of a: 38 (I) Participating city that is levying a qualifying local tax; 39 and p. 2 50 SHB 1406 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 (II) Participating county within the unincorporated area of the county and within the limits of any nonparticipating city that is located within the county. (d) A county may not levy the tax authorized under this section within the limits of a participating city that levies a qualifying local tax. (e)(i) In order for a county or city legislative authority to impose the tax under this section, the authority must adopt: (A) A resolution of intent to adopt legislation to authorize the maximum capacity of the tax in this section within six months of the date in which this section takes effect; and (B) Legislation to authorize the maximum capacity of the tax in this section within one year of the date on which this section takes effect. (ii) Adoption of the resolution of intent and legislation requires simple majority approval of the enacting legislative authority. (iii) If a county or city has not adopted a resolution of .intent in accordance with the terms of this section, the county or city may not authorize, fix, and impose the tax. (3) The tax imposed under this section must be deducted from the amount of tax otherwise required to be collected or paid to the department of revenue under chapter 82.08 or 82.12 RCW. The department must perform the collection of such taxes on behalf of the county or city at no cost to the county or city. (4) By December 31, 2019, or within thirty days of a county or city authorizing the tax under this section, whichever is later, the department must calculate the maximum amount of tax distributions for each county and city authorizing the tax under this section as follows: (a) The maximum amount for a participating county equals the taxable retail sales within the county in state fiscal year 2019 multiplied by the tax rate imposed under this section. If a county imposes a tax authorized under this section after a city located in that county has imposed the tax, the taxable retail sales within the city in state fiscal year 2019 must be subtracted from the taxable retail sales within the county for the calculation of the maximum amount; and p. 3 SHB 1406 51 1 (b) The maximum amount for a city equals the taxable retail sales 2 within the city in state fiscal year 2019 multiplied by the tax rate 3 imposed under subsection (1) of this section. 4 (5) The tax must cease to be distributed to a county or city for 5 the remainder of any fiscal year in which the amount of tax exceeds 6 the maximum amount in subsection (4) of this section. The department 7 must remit any annual tax revenues above the maximum to the state 8 treasurer for deposit in the general fund. Distributions to a county 9 or city meeting the maximum amount must resume at the beginning of 10 the next fiscal year. 11 (6)(a) If a county has a population greater than four hundred 12 thousand or a city has a population greater than one hundred 13 thousand, the moneys collected or bonds issued under this section may 14 only be used for the following purposes: 15 (i) Acquiring, rehabilitating, or constructing affordable 16 housing, which may include new units of affordable housing within an 17 existing structure or facilities providing supportive housing 18 services under RCW 71.24.385; or 19 (ii) Funding the operations and maintenance costs of new units of 20 affordable or supportive housing. 21 (b) If a county has a population of four hundred thousand or less 22 or a city has a population of one hundred thousand or less, the 23 moneys collected under this section may only be used for the purposes 24 provided in (a) of this subsection or for providing rental assistance 25 to tenants. 26 (7) The housing and services provided pursuant to subsection (6) 27 of this section may only be provided to persons whose income is at or 28 below sixty percent of the median income of the county or city 29 imposing the tax. If the median income of a city enacting the tax 30 under this section is not available from the United States census 31 bureau, the housing and services provided pursuant to subsection (6) 32 of this section may only be provided to persons whose income is at or 33 below sixty percent of the median income of the county in which the 34 city is located. 35 (8) In determining the use of funds under subsection (6) of this 36 section, a county or city must consider the income of the individuals 37 and families to be served, the leveraging of the resources made 38 available under this section, and the housing needs within the 39 jurisdiction of the taxing authority. p. 4 SHB 1406 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (9) To carry out the purposes of this section including, but not limited to, financing loans or grants to nonprofit organizations or public housing authorities, the legislative authority of the county or city imposing the tax has the authority to issue general obligation or revenue bonds within the limitations now or hereafter prescribed by the laws of this state, and may use, and is authorized to pledge, the moneys collected under this section for repayment of such bonds. (10) A county or city may enter into an interlocal agreement with one or more counties, cities, or public housing authorities in accordance with chapter 39.34 RCW. The agreement may include, but is not limited to, pooling the tax receipts received under this section, pledging those taxes to bonds issued by one or more parties to the agreement, and allocating the proceeds of the taxes levied or the bonds issued in accordance with such interlocal agreement and this section. (11) Counties and cities imposing the tax under this section must report annually to the department of commerce on the collection and use of the revenue. The department of commerce must adopt rules prescribing content of such reports. By December 1, 2019, and annually thereafter, and in compliance with RCW 43.01.036, the department of commerce must submit a report annually to the appropriate legislative committees with regard to such uses. (12) The tax imposed by a county or city under this section expires twenty years after the date on which the tax is first imposed. P. 5 SHB 1406 53 54 RESOLUTION NO. 2019-06 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS URGING SKHHP MEMBER CITIES TO SUPPORT POOLING OF HB 1406 FUNDS. WHEREAS, in 2019 the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, and Tukwila and King County entered into an Interlocal Agreement (ILA) that formed the South King Housing and Homelessness Partners (SKHHP); and WHEREAS, pursuant to the ILA, the member cities have a common goal to ensure availability of housing that meets the needs of all income levels in South King County; and WHEREAS, also pursuant to the ILA, the member cities wish to act cooperatively to formulate housing policies and strategies that address housing stability, to foster efforts to preserve and provide affordable housing by combining public funding with private - sector resources, to support implementation of the Washington State GMA, related countywide planning policies, and other local policies and program relating to affordable housing, and to do so efficiently and expeditiously; and WHEREAS, also pursuant to the ILA, the member cities have determined that the most efficient and expeditious way for the parties to address affordable housing needs in South King County is through cooperative action and pooling of public and private resources; and Resolution No, 2019-06 November 22, 2019 Page 1 of 4 Rev. 2019 55 WHEREAS, the ILA states that the parties intend that the ILA serves as a framework for all participating municipalities within the broader SKHHP Sphere of Influence to do the aforementioned work; and WHEREAS, on July 26, 2019 the SKHHP Executive Board adopted Resolution 2019-05 which urges member cities to declare their intent to enact the provisions of HB 1406; and WHEREAS, Resolution 2019-05 states that the Executive Board commits to developing options and a recommendation, including for the proposed pooling of funding, that details funding commitments for each member city's legislative authority to consider for future subsequent action; and WHEREAS, HB 1406 is a powerful and meaningful funding source to further advance the efforts of the housing objectives established through the ILA that, if pooled, will generate approximately $1,000,000 per year for the eligible 20 year period (See Attachment A); and WHEREAS, the Executive Board adopts the recommendations contained within this resolution as a unified statement of support by SKHHP member cities. NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board of SKHHP urges all member cities to pool the base sales tax credit revenues collected under HB 1406 and to allocate the full amount of those revenues to SKHHP. Section 2. In order to maximize HB 1406 funding within King County, the Executive Board of SKHHP urges all member cities to take Ordinance action on HB 1406 after King County takes action. Resolution No. 2019-06 November 22, 2019 Page 2 of 4 Rev. 2019 56 Section 3. The Executive Board of SKHHP urges King County to award HB 1406 funds to housing development based in the Urban Growth Areas (UGA) of SKHHP member cities in a manner that proportionately represents the cumulative population of the UGA's of SKHHP member cities. Section 4. The Executive Board of SKHHP commits to aligning the use of HB 1406 funds with the work plan required within the adopted ILA and the recommendation and priorities of the Regional Affordable Housing Task Force Five Year Action Plan. Section 5 Individual municipalities have unique housing needs and priorities and not every proiect proposal will align with a city's goals policies or laws. The intent and effect of this resolution is not to usurp a city's individual authority. Therefore, if funds are pooled for the purpose of aiding in the creation or preservation of housing the process for proiect consideration must allow the city in which the project is proposed to first approve or reject the proposal prior to the Executive Board's commitment of funds to the proiect. Section 5. This Resolution will take effect and be in full force on passage and signature. Dated and Signed this age- day of I OVeM6e(— 2019. SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS NQUA, - - - WAr4CY 44 Resolution No. 2019-06 November 22, 2019 Page 3 of 4 Shawn Campbell, Auburn City Clerk Rev. 2019 57 SKHHP Resolution 2019-06 Attachment A Estimated HB 1406 Revenue by SKHHP Municipality (based on 2018 revenues) r Zy 4 N`AYx„"ro}, i Cat�"rsrd ?iy i rsEsti_matedAnnual Revenue . .:: Auburn $154,992 Burien $65,477 Covington $43,678 Des Moines $29,793 Federal Way $124,142 Kent $185,467 Normand Park $4,866 Renton $236,380 Tukwila $162,046 Total not including King Count $1,006,841.00 Resolution No. 2019-06 November 22, 2019 Page 4 of 4 Rev. 2019 PRI � STA'f <<k�.. x 11 E" o�, 188g t -STATE OP: WAS I-IINGTON DEPARTMENT OF REVENUE November 20, 2019 Meredith Sampson, Assistant Planner City of Tukwila 6300 Southeenter Blvd Ste 100 Tukwila, WA 98188 Re: City of Tukwila Ordinance No. 2613 Affordable and Supportive Housing State Shared Tax Dear Ms. Sampson: The Department of Revenue has received your Resolution No. 1966 and Ordinance No. 2316 on September 30, 2019 with the effective date of November 1, 2019 to impose the Affordable and Supportive Housing State Shared Tax authorized by Substitute House Bill (SHB) 1406 and Revised Code of Washington (RCW) 82.14.540. As required by RCW 82.14.540, the Department has calculated the maximum capacity (cap) of $165,998.21. Once the maximum award amount has been reached, the tax shall cease to be distributed for the remainder of the fiscal year. If you have any questions, you may contact me at (360) 705-6039. Sincerely, Jessica Hicks Tax Administration Manager Taxpayer Account Administration Taxpayer Account Administration Division P O Box 47476 ♦ Olympia, Washington 98504-7476 59 DRAFT NOTE: The shaded text on this page denotes the correct title for the referenced House Bill. This is a change from the resolution that was in the Planning and Economic Development Committee agenda packet for March 2, 2020. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO KEEP 30% OF THE FUNDS, UP TO A MAXIMUM OF $49,800 ANNUALLY, COLLECTED UNDER THE PROVISIONS OF WASHINGTON STATE HOUSE BILL 1406 AND CITY OF TUKWILA ORDINANCE NO. 2613 FOR RENTAL ASSISTANCE TO LOW-INCOME TENANTS, AND FOR TRANSFER OF THE REMAINING FUNDS COLLECTED TO THE SOUTH KING HOUSING AND HOMELESSNESS PARTNERS.. WHEREAS, the 2019 Washington State Legislature enacted gohiat� 8,6bs&uA House Bill (SHB) 1406 on July 28, 2019, which authorizes cities and counties to recapture a portion of the Washington State sales tax for use to support affordable housing initiatives; and WHEREAS, on September 16, 2019, the Tukwila City Council adopted and enacted Resolution No. 1966 and Ordinance No. 2613, which authorize a recapture of Washington State sales tax, under SHB 1406, that is estimated to generate approximately $165,000 per year for the next 20 years; and WHEREAS, the Tukwila City Council authorized the Mayor to enter into an Interlocal Agreement with 8 other south King County cities and King County to form the South King Housing and Homelessness Partners; and WHEREAS, the City of Tukwila executed the South King Housing and Homelessness Partners (SKHHP) Interlocal Agreement on February 21, 2019; and WHEREAS, the Interlocal Agreement states that "the Parties have determined that the most efficient and expeditious way for the Parties to address affordable housing needs in South King County is through cooperative action and pooling public and private resources"; and WHEREAS, all members of SKHHP have taken action to enact the sales tax recapture provisions established in SHB 1406; and WHEREAS, on November 22, 2019, the SKHHP Executive Board adopted SKHHP Resolution 2019-06, which urges its members to pool funds collected under the provisions of SHB 1406; and WHEREAS, the City of Tukwila is qualified under SHB 1406 to use funds collected toward rental assistance to low-income tenants; and W:\Word Processing\Resolutions\HB 1406 use of funds 3-10-20 MS:bjs Page 1 of 2 61 WHEREAS, the City of Tukwila's Human Services Department has a program already in place that provides direct services to households in need and has to turn away qualified residents each year due to a lack of funds; and WHEREAS, the City of Tukwila will keep 30% of the recaptured Washington State sales tax funds collected under SHB 1406, up to a maximum of $49,800 annually, to be used for rental assistance to residents and will pool the remainder of the funds with SKHHP; and WHEREAS, SHB 1406 funds may be used for the purpose of acquiring, rehabilitating or constructing affordable housing; funding the operations and maintenance costs of new units of affordable or supportive housing; and for rental assistance; and WHEREAS, SHB 1406 requires counties and cities that enact its provisions to also provide annual reports to the Department of Commerce; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Resolution of Intent. The City Council declares its intent to authorize the City of Tukwila to keep 30% of the recaptured Washington State sales tax funds collected under SHB 1406, up to a maximum of $49,800 annually, and to transfer the remaining funds collected to the South King Housing and Homelessness Partners (SKHHP). Section 2. Further Authority; Ratification. All City officials, their agents, and representatives are hereby authorized and directed to undertake all action necessary or desirable from time to time to carry out the terms of, and complete the actions contemplated by, this resolution. All acts taken pursuant to the authority of this resolution but prior to its effective date are hereby ratified. Section 3. This authorization is contingent upon each of the other SKHHP cities taking similar action to direct a proportionate amount of SHB 1406 funds to SKHHP. Section 4. Effective Date. This resolution shall take effect immediately upon its passage and adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2020. ATTEST/AUTH ENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney De'Sean Quinn, Council President Filed with the City Clerk:_ Passed by the City Council: Resolution Number: 62 W:\Word Processing\Resolutions\NB 1406 use of funds 3-10-20 MS:bjs Page 2 of 2 City of TAM City Council Planning & Economic Development Committee Meeting Minutes March 2, 2020 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers Present: Thomas McLeod, Kathy Hougardy, Zak Idan Staff Present: Lynn Miranda, Meredith Sampson, Robert Eaton, Kris Kelly, Nancy Eklund, Jay Wittwer, Rick Still, Rachel Bianchi, Stacy Hanson, Brandon Miles, Minnie Dhaliwal Others Present: Sharon Mann, Brian Deller, Gurkaran Grewal Chair McLeod called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Lodging Tax Six -Year Financial Model Staff provided an overview of the Lodging Tax Six -Year Financial Model and ending fund balance goal of $400K in any given year. Committee Recommendation Discussion only. B. Lodging Tax Application: Virtual Sports Staff is seeking Council decision on a funding request from Virtual Sports for $30,000 in lodging tax for a Tukwila E-Sports Initiative. Committee Recommendation Unanimous approval. Forward to March 2, 2020 Regular Consent Agenda. C. Resolution: Sales Tax Revenue for Affordable Housing Staff is seeking Council approval of a resolution that would retain 30% of the yearly revenue from House Bill 1406 for rental assistance and pool the rest of the funds with South King Housing & Homelessness Partnership member agencies. Funds not used for rental assistance by the end of the year may be pooled. Committee question(s) requiring follow up • Amend resolution to refer to "Substitute House Bill 1406" instead of "Senate House Bill 1406." • Return to committee with high level discussion of rehabilitating existing buildings. Committee Recommendation Return to Committee March 23, 2020 and forward to March 23, 2020 Committee of the Whole. 63 Councilmembers Present: Thomas McLeod, Kathy Hougardy, De'Sean Quinn StoffPresent: Rachel Bianchi, Telephonic: Minnie Dhaliwal, Cyndy Knighton, Lynn Miranda Chair McLeod called the meeting to order at 5:31 p.m. I. BUSINESSAGENDA A. Tukwila International Boulevard Rechannelization Alternatives Staff updated the committee on the implementation of the Tukwila International Boulevard Neighborhood Plan and the rechannelization alternatives report. Committee question(s) requiring follow up Councilmember Hougardy will send additional questions. Staff indicated they would return with additional information on the cost associated with public outreach. Fehr & Peers will present at the next meeting and discuss lessons learned from the road diets in Seattle on Martin Luther King Jr. Boulevard and Rainier Avenue South. Committee Recommendation Return to Committee 4/20/20. B. Resolution: House Bill 1406 Investments Staff is seeking Council approval of a resolution that would retain 30% of the yearly revenue from House Bill 1406 for rental assistance and pool the rest of the funds with South King Housing & Homelessness Partnership member agencies. As requested, staff presented or information about the cost of rehabilitating existing multifamily housing. Committee Recommendation Unanimous approval. Forward to the March 23, 2020 Committee of the Whole. However, some cities are contemplating using some of the 1406 dollars for rental assistance in light of the coronavirus. Keeping this timeline allows the City to potentially access 1406 funds for rental assistance in April but pivot if other SKHH P agencies decide to dedicate a larger percentage to rental assistance than what is currently recommended. C. Tukwila Visitor WayfindingSi nna eg Plan This item was postponed. MISCELLANEOUS The meeting adjourned of 6:20 p.m. Committee Chair Approval Minutes by RB