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HomeMy WebLinkAbout2050RESOLUTION NO. 2O5O A RESOLUTION of the City Council of the City of Kent, Washington: (1) finding that a pressing need exists to develop affordable and workforce multifamily housing and helping to fulfill that need is a government purpose, and (2) authorizing the Mayor to sign an interlocal agreement with the City of Seattle that authorizes Community Roots Housing, a public development authority created by the City of Seattle, to develop affordable and workforce multifamily housing in the City of Kent' RECITALS A. The City council has found that there is a pressing need for more affordable housing for low-income and moderate- income households within Kent. B. In June 202L, the City of Kent (city) adopted a Housing options plan that identifies actions to ensure that Kent has a diverse range of housing types to accommodate all economic segments of the community, including housing for moderate-income community members who may not be eligible for regulated or subsidized affordable housing that is income-restricted' C. The City desires to encourage and support the development of more affordable housing through agreements with other public entities with access to additional financing tools not previously available to the City' 1 Resolution Authorizing Interlocal Agreement Related to Community Roots Housing D. The City of seattle chartered the capitol Hill Housing Improvement Program, which is now known as Community Roots Housing, in L976 as a public corporation organized under chapter 35.2I of the Revised Code of Washington (RCW), and the purpose of Community Roots Housing is to help preserve, develop, own and operate affordable multifamily housing as well as cultural, social, and economic facilities and to provide programs and services to promote equity and resilience in communities' E. Community Roots Housing has a long history of successfully fulfilling its purpose both inside and outside its Capitol Hill boundaries, including a prior affordable housing project in unincorporated King County in which Community Roots Housing partnered with the Delridge Neighborhoods Development Association and the White Center Community Development Association to secure tax credit equity for the SOPI Village affordable housing project. F. Community Roots Housing desires to work with additional community-based partners in incorporated and unincorporated King County to provide affordable housing and cultural, social and economic oppottunities and facilities, and Community Roots Housing requested permission from the City of Seattle to work at new locations in incorporated and unincorporated King County. G. RCW 35,2I.740 provides that a public development authority may not operate outside of the boundaries of the establishing city unless that city enters into an agreement with another city or county. H. Seattle Municipal Code Section 3.110' 170(B) states, *If authorized by its charter to do so, a public corporation may undeftake 2 Resolution Authorizing Interlocal Agreement Related to Community Roots Housing projects and activities or perform acts outside the limits of the City lof Seattlel only in those areas of another jurisdiction whose governing body by agreement with the City [of Seattle] consents thereto" and the Community Roots Housing charter so authorizes. L Through Ordinance 125424, passed by the Seattle City Council on September 25,2017 and approved by the Mayor on October 5,2OI7 (Ordinance), the City of Seattle authorized and directed the Director of Intergovernmental Relations to enter into agreements with King County and the cities of Bellevue, Federal Way, Issaquah, Kirkland, Kent, Mercer Island, Redmond, Renton, SeaTac, Shoreline and Tukwila, substantially in the form attached to such Ordinance, to permit Community Roots Housing to participate in the development of affordable housing projects in areas outside Seattle. J. Any termination of such agreement between Kent and Seattle to permit Community Roots Housing to develop affordable and workforce housing projects would apply prospectively only and would not apply to any Community Roots Housing projects already completed or underway at the time of termination. K. As required by the Ordinance, Community Roots Housing has submitted a resolution of its Board of Directors, requesting Seattle and the City enter into the Agreement and certifying the Board's authorization for projects within the City consistent with its charter' L. It is in the interests of the City to permit Community Roots Housing to engage in mission-driven projects that provide affordable and workforce housing and community development within the City's boundaries. 3 Resolution Authorizing Interlocal Agreement Related to Community Roots Housing M. The construction of affordable and workforce housing is an integral means of making Kent a safe, inclusive, and welcoming community' N. On September 20,2022, City staff provided the operations and Public Safety Committee an overview of Public Development Authorities and the potential role of Community Roots Housing in developing affordable and workforce housing in Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 7. - Findings. The City Council hereby finds that in the South King County region, a significant percentage of households are cost- burdened and pay more than 30olo of their income on housing costs. There is a severe shortage of housing affordable and available to families earning between 607o and I2Oo/o of the area median income within the boundaries of Kent. The housing shortfall results in high housing costs, reduced home ownership, reduced household ability to pay for transportation, childcare, and medical care, disproportional impacts on communities of color, increased traffic congestion and air and water pollution, negatively affects Kent employers' ability to attract and retain a qualified and diverse work force, impacts transportation infrastructure, and reduces overall quality of life' The Council hereby further finds that the provision of workforce housing affordable to moderate income households is a fundamental governmental purpose. 'E9TION 2. - Detegation of Authority. The Mayor is hereby authorized to enter into an interlocal agreement with the City of Seattle for 4 Resolution Authorizing Interlocal Agreement Related to Community Roots Housing the purpose of permitting Community Roots Housing, a public corporation chartered by the City of Seattle, to provide affordable housing and community development projects located outside Seattle city limits and within the City of Kent, subject to final terms and conditions acceptable to the City's Economic and Community Development Director and the City Attorney. The agreement shall be in substantially the form of Attachment A to this Resolution. SECTION 3. - Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 4, - Corrections by City Clerk Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. DANA RALPH, September 20, 2022 Date Approved KIMBERLEY A OTO, CITY CLERK September 20, 2022 Date Adopted 5 Resolution Authorizing Interlocal Agreement Related to Community Roots Housing APP TO FORM: CITY ATTORNEY 6 Resolution Authorizing Interlocal Agreement Related to Community Roots Housing ATTACHMENT A . INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is entered into bCtWCCN thc CITY OF KENT, a municipal corporation and political subdivision of the State of Washington, hereinafter referred to as the "City" and THE CITY OF SEATTLE, a Washington municipal corporation, hereinafter referred to as "Seattle," each being a unit of general local government of the State of Washington. RECITALS WHEREAS, Seattle chartered Capitol Hill Housing Improvement Program, now known as Community Roots Housing (*CRH"), in 1976 with the purpose of assisting homeowners, property owners, residential tenants, and residents of the Capitol Hill community and such other areas as approved by the Board of Directors in preserving, improving, and restoring the quality of their homes, property, and neighborhoods, and to provide additional housing, cultural, social, and economic opportunities and facilities; and WHEREAS, CRH has a long history of successfully fulfilling its purpose both inside and outside its Capitol Hill boundaries; and WHEREAS, an important component of CRH's mission is to facilitate and provide safe and affordable housing and community development for the benefit of low-income and moderate-income individuals and families; and WHEREAS, CRH has identified a specific mission-driven need in the City of Kent and anticipates identifying a project or projects meeting such need in the near future; and WHEREAS, CRH is a public corporation established under Seattle Municipal Code (SMC) Chapter 3.110; and WHEREAS, SMC, Section 3.110,170, states in part: "If authorized by its charter to do so, a public corporation may undertake projects and activities or perform acts outside the limits of the City fof Seattle] only in those areas of another jurisdiction whose governing body by agreement with the City fof Seattle] consents thereto," and 7 Attach ment A - Interlocal Agreement the CRH Charter so authorizes; and WHEREAS, both the City and Seattle desire to facilitate CRH's undertaking of projects and activities consistent with its chartered purpose and to provide needed affordable housing; and WHEREAS, by Seattle Ordinance L25424, the City Council of Seattle authorized Seattle's Director of Intergovernmental Relations to enter into this agreement with the City to enable CRH to perform the activities described herein; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES, THE PARTIES AGREE AS FOLLOWS: 1. Consents The City and Seattle each consent to CRH, a public corporation chartered by Seattle, developing affordable housing and community development projects located outside the Seattle limits in the city of Kent, which may include, without limitation, participating in the financing, ownership, and operation of such projects' The consent provided in this Agreement is intended to satisfy the conditions of SMC 3.110.170 and the Charter of CRH for actions outside Seattle, and does not constitute approval of any components of such projects that may be required by the City or any , state or federal law or regulation. 2. Powers and Authority Pursuant to RCW Section 35.21.740, the City and Seattle agree that with respect to all activities of CRH related to such projects and all related property interests now or hereafter held by CRH, the powers, authorities, and rights of Seattle to establish, to confer power and authority upon, and to exercise authority over, a public corporation or authority, as expressly or impliedly granted pursuant to RCW Sections 35.21".730 through 35.21 .755, shall be operable, applicable, and effective in the city of Kent, so that CRH shall have the same powers, authority, and rights with respect to such activities as CRH has within the corporate limits of Seattle, and shall be subject to the same Seattle ordinances and authority of Seattle. 3. Duration This Agreement and the consents herein shall take effect when both parties have signed this Agreement and shall remain in effect so long as the corporate B Attachment A - Interlocal Agreement existence of CRH continues, unless the City has withdrawn its consent set forth in Section 1 or this Agreement has been otherwise modified or terminated by written agreement of the City and Seattle. 4. Miscellaneous a. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. Nothing in this Agreement shall impose any obligation, liability or responsibility on the City or Seattle for any liability, action, or omission of CRH. b. CRH shall provide an annual report to the City Economic and Community Development Director by December 1 of each year, detailing the activities of CRH in the City of Kent, including but not limited to: existing buildings and/or properties acquired; number of units converted or built; projects in the development pipeline; and targeted and achieved income levels for units built or acquired. CITY OF KENT CITY OF SEATTLE By: Signature By: Signature Printed Name Printed Name Title Title Date APPROVED AS TO FORM: CITY OF KENT ATTORNEY Date CITY OF SEATTLE ATTORNEY By: Signature By: Signature Printed Name Printed Name Date 9 Date Attachment A - Interlocal Agreement