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Home My WebLink AboutCity Council Meeting - Council Workshop - Regular Minutes - 06/15/2021 Approved City Council Workshop Workshop Regular Meeting Minutes June 15, 2021 Date: June 15, 2021 Time: 5:00 p.m. Place: THIS IS A REMOTE MEETING I. CALL TO ORDER Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Present Dana Ralph Mayor Present II. PRESENTATIONS 1 Eviction Moratorium Expiration Merina Hanson 45 MIN. Human Services Manager, Merina Hanson gave a presentation on the Eviction Moratorium Expiration. The statewide eviction moratorium is in effect until June 30, 2021. No evictions for nonpayment are allowed. Until the moratorium ends, landlords can only evict if the tenant is causing an immediate and substantial risk to health, safety and property, or if the landlord wants to sell or move into the rental property. After the moratorium - The Washington State Legislature adopted significant changes to landlord/tenant law: Reasonable Repayment Plans HB 1236 (Just Cause Eviction) SB 5160 (Right to Counsel) Eviction Resolution Pilot project Standards for rent repayment plans: During the eviction moratorium landlords must offer tenants who are behind on rent due to the COVID-19 crisis a reasonable repayment plan based on individual circumstances. Once the moratorium ends, all tenants who fell behind between March 1, 2020, and the 6 months following the eviction moratorium MUST be offered a reasonable schedule for repayment that meets certain requirements: Cannot require payments of more than 1/3 of the total monthly rent, City Council Workshop Workshop Regular June 15, 2021 Meeting Kent, Washington Minutes Cannot require payment until after 30 days that the plan is offered to the tenant, Cannot include late fees, attorney fees or other fees and charges. Rights to Counsel - Tenants with low income may get a lawyer. SB 5160 creates the first statewide right to counsel. Low-income tenants will be provided an attorney if they face eviction. The bill also improves the eviction process and protects tenants from housing denial for inability to pay rent during the pandemic. Rights to Counsel Details: Tenants with low income may get a lawyer. SB 5160 creates the first statewide right to counsel. Low-income tenants will be provided an attorney if they face eviction. Just Cause Eviction - Landlords must give a good reason for ending rental agreements & evicting tenants. With the passage of HB 1236 landlords must give tenants a written notice with one of 17 good reasons for ending rental agreements and evicting tenants. Among other things, landlords can no longer refuse to renew month-to-month agreements for no reason, with a 20-day "no cause" termination notice. Just Cause Eviction Details: Month-to-month and other tenants with periodic tenancies: If you are a month-to-month tenant who has never had a written lease, the law applies to you. Your landlord must give you a written notice with one of the good reasons listed on the next slide if the landlord wants to terminate your tenancy. If you enter into a rental agreement for a fixed term, like six or 12 months, moratorium, your landlord must give you a 60-day written notice to terminate your tenancy at the end of the agreed end date in your lease. The Tenants with fixed term written leases or rental agreements: If you have a written rental agreement for a 6 to 12 month term, and your give you a 60-day written notice before the agreement is up. That notice ts to terminate the tenancy before the 6 or 12 months is up, they must have one of the legal reasons to evict identified. and you have never been a month-to-month tenant, your landlord must give you a 60- have to state one of the following reasons: Page 2 of 7 City Council Workshop Workshop Regular June 15, 2021 Meeting Kent, Washington Minutes o Falling behind on rent o o l or substantially or repeatedly interferes with neighbors o The tenant harasses the landlord or another tenant o The tenant gives false information on the application o The landlord wants to move into the rental unit o The landlord wants to sell a single-family rental house o The landlord wants to substantially remodel or tear down (demolish) the unit o The landlord wants to convert the unit into a condominium o The landlord has a legitimate economic or business reason o The rental unit has been condemned o The landlord shares a dwelling unit, kitchen or bathroom with the tenant o The landlord is a transitional housing program o o A resident fails to fill out a rental application Eviction Resolution Pilot Program - In some counties (including King County), landlords are required to provide tenants notice of the availability of an Eviction Resolution Pilot Program. This program is designed to help renters and landlords agree on how to make up rent instead of going to court. The ERP allows tenants and landlords to meet with a neutral mediator before an eviction lawsuit is filed. It will also include ways to help tenants find rent assistance. ERP Details Dispute Resolution Center of King County (DRC) is partnering with the Superior Court of King County and the Housing Justice Project to provide a program that protects the interests of both the housing provider and the tenant. Landlords, when the moratorium ends, are required to send two notices to tenants before they can proceed to file for an eviction in court: the notice of pay or vacate and an ERP notice, which includes information to contact the DRC and the Housing Justice Project. Both agencies will receive a copy of the ERP notice sent. Upon receipt of the ERP notice, the DRC will attempt to reach the client by phone, email or text message to set up mediation services between landlord and resident. Mediation services are intended to reach an agreement both parties support so that an evicti will notify the landlord and the landlord can file an eviction. Community Resources: King County Eviction Prevention and Rental Assistance Program. Page 3 of 7 City Council Workshop Workshop Regular June 15, 2021 Meeting Kent, Washington Minutes Pays rent directly to landlords, on behalf of tenants. KC rent assistance program allocated $37M at the end of last year and served 9000 residents. (EPRAP) are an allocation of the Federal Coronavirus Response, American Rescue Plan and is expected to include funds from the Relief Supplemental Appropriations Act funds. EPRAP Details: The Landlord Program supports high volumes of tenants to be served effectively and efficiently through coordinated bulk payment agreements. Under the landlord program, landlords who currently have five or more tenants behind in rent can ask to have all tenants living in their properties supported under this program. The Tenant Program supports a tenant-led registration process to receiving rental assistance. This program works to promote equity in who is served, with a focus on groups of people who historically have not been provided fair access to rent assistance. The Hub & Spoke Program supports broad expansion of rental assistance to the most vulnerable households by partnering with By-and-For providers to serve tenants representative of the target populations they serve. Eviction Defense Help is available through: Eastside Legal Assistance Program King County Bar Association Housing Justice Project Neighborhood Legal Clinic Northwest Justice Project Washington Law Help West African Community Council Apply for legal help: CLEAR*Online at: www.nwjustice.org/apply-online Or call CLEAR 1-888-201-1014. Kent Providers with Rental Assistance Funds Catholic Community Services Communities In Schools of Kent AS FUNDS ALLOW Iraqi Community Center of WA Multi-Service Center Open Doors for Multicultural Families Salvation Army - Kent Shared Bread KENT United Methodist Church Emergency Assistance Program St Vincent DePaul Page 4 of 7 City Council Workshop Workshop Regular June 15, 2021 Meeting Kent, Washington Minutes St Stephens/SVDP Holy Spirit- Espiritu Santo /SVDP St John the Baptist/SVDP Solid Ground - Housing Stability Project U.T.O.P.I.A. Seattle AS FUNDS ALLOW Vine Maple Place World Relief Hanson reviewed the organizations receiving City-funded Human Services Support Council expressed concerns over the unavailability of resources immediately following the expiration of the state moratorium. City Attorney, Pat Fitzpatrick provided information on the eviction process and the court process relating to eviction proceedings and the issue the courts face with providing legal representation during a time when there is a huge backlog of criminal and civil cases due to COVID. Fitzpatrick also that will more than likely be heavily utilized. moratorium. Boyce and Thomas indicated they are not sure what problem the council is trying to solve. There are lots of programs in place to offset what is needed and suggested leaving it up to the state to pass legislation extending the moratorium. Kaur suggested the City increase communications regarding available programs and include faith-based organizations. Troutner and Michaud expressed concerns with extending the moratorium and suggested leaving it up to the state to pass legislation extending the moratorium. Hanson advised that King county is getting resources out into the community in 28 languages. Fitzpatrick provided his thoughts on issues that could arise if the City passes legislation in conflict with state law and advised that the state wants uniformity in laws regarding evictions. Boyce proposed the Council draft a letter together to send to state legislators and request the state take action. Page 5 of 7 City Council Workshop Workshop Regular June 15, 2021 Meeting Kent, Washington Minutes Troutner, Boyce, Thomas and Michaud agreed to leave moratorium as is. Troutner will work with Derek Matheson to draft a letter to state requesting they extend their moratorium. 2 Mid-Biennium Budget Adjustment Paula Painter 45 MIN. Priorities Finance Director, Paula Painter gave the Council a presentation on the mid- biennium budget adjustments. 2020 Takeaways: Overall, 2020 Tax revenue came in better than anticipated Recognized more significant revenue losses in other areas The City took swift action to address anticipated revenue shortfalls, preserving General Fund balance Department expenditures came in under budget 2021 Summary: Tax Revenue continues to come in as expected, if not greater Continuing to see declines in charges for services and licenses & permits Anticipating improvements in these revenues as the year progresses st Received 1 installment of ARPA funding ($14m) st SST has been reinstated, as of July 1 $4.4m in GF fund balance moved to Liability Fund · Inflation Impacts 2022 Mid-biennium known adjustments: · HB 1590 Revenues and Expenditures · Sales Tax Revenue · Streamline Sales Tax Revenue · Salary and Benefit adjustments · Frozen positions · Equity Expenses · Central Cost Allocation · Liability Insurance allocation · Property Insurance allocation 2022 Mid-Biennium Draft Timeline: · Operating budget - June and July · 2022-2027 Capital Improvement Plan - June and July · Review and Balance Budget - August · Proposed Mid-Biennium Update - September · Public Hearings in September and October Page 6 of 7 City Council Workshop Workshop Regular June 15, 2021 Meeting Kent, Washington Minutes · Council Actions - Adoption in November Larimer requested a list of the frozen positions and requested funding additional positions to work on equity. Michaud also supports funding police data-related items and would like information on the police analyst that was frozen/laid off. Supports graffiti clean-up. Michaud requested the list of budget requests from the last budget process and suggested funding police data-related work. Boyce requested partnering with the YMCA to fund a lifeguard training program. Fincher supports funding police data-related items and also requested additional funding for the equity inclusion speaker series and funding childcare assistance. Fincher requested using ARPA funds for communications - TV captioning and translation. Fincher also supports funding graffiti clean- up and creating a script program for residents to use to pay for utilities or general purchases. Michaud supports funding the equity inclusion speaker series and would like to revisit the previous layoffs. requested funding the Green Kent steward program. Thomas suggested that if councilmembers suggest an expense, that they also suggest a reduction to offset the newly funded program. Matheson advised that staff is already moving forward on the process related to equity items. There are four councilmembers interested in police data activation and revisiting layoffs/frozen positions. Departments will propose reinstating frozen positions or reversing layoffs and will take into consideration rising inflation expenses and that there are no promises that positions will be reinstated or reversed. Meeting ended at 6:42 p.m. Kimberley A. Komoto City Clerk Page 7 of 7 t c i v E o t s family rental house - n o s a e R l a g e L Falling behind on rentLease violation: a “substantial breach of a material term”“Waste or nuisance” which is unlawful or substantially or repeatedly interferes with neighborsThe tenant harasses the landlord or another tenantThe tenant gives false information on the application.The landlord wants to move into the rental unitThe landlord wants to sell a singleThe landlord wants to substantially remodel or tear down (demolish) the unitThe landlord wants to convert the unit into a condominiumThe landlord has a legitimate economic or business reasonThe rental unit has been condemnedThe landlord shares a dwelling unit, kitchen or bathroom with the tenantThe landlord is a transitional housing programThe landlord offers a new lease, but the tenant doesn’t acceptA resident fails to fill out a rental application s t r o p p CV3 - u S s e c i v r e City of Kent Funding Amount$10,000 $50,000$10,000 $108,000 GF, $40,000 CDBG CV1, $75,000 CDBG CV3, possible additional amount to support UTOPIA clients as well$30,000$50,000 CDBG CV1, $50,000 CDBG$60,000 $27,000 potential partnership with MSC$10,000$75,000$134,381 S n pending a m pendingpending u pending H City of Kent Funding Source General Fund CDBG CV1General FundGeneral Fund, CDBG CV1, CDBG CV3 CDBG CV1CDBG CV1, CDBG CV3 CDBG CV3 CDBG CV3General FundCDBG CV1CDBG CV1 d e d n u F Housing Stability Project y - Espiritu Santo/SVDP t - i Service Center - C Organization Name Catholic Community ServicesEast African Community ServicesHoly Spirit MultiNeighborhood HouseOpen Doors for Multicultural FamiliesSolid Ground U.T.O.P.I.A. Seattle AS FUNDS ALLOWVine Maple PlaceWorld Relief YWCA Biennium - MidBudget Adjustment Priorities Council WorkshopJune 15, 2021City of Kent, WA Biennium - MidBudget Adjustment Priorities Council WorkshopJune 15, 2021City of Kent, WA