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HomeMy WebLinkAboutCommittee of the Whole - 05 Nov 2018 - Agenda - Pdf AGENDA Committee of the Whole Meeting 5:30 PM - Monday, November 5, 2018 Council Conference Room/Chambers, 7th Floor, City Hall – 1055 S. Grady Way 1. Executive Session - Council Conference Room Potential Litigation with City Attorney pursuant to RCW 42.30.110(i) for 20 minutes 2. Issuance of Park Improvement Bonds - Council Chambers at 5:50 pm a) AB - 2254 Administrative Services Department recommends approval of the issuance of Councilmanic bonds, generating approximately $14.5 million, for park improvements funded by a property tax levy. 3. 2019 Legislative Priorities - Council Chambers a) Presentation 4. Affordable Housing Briefing - Council Chambers a) Memo b) Draft Action Plan AB - 2254 City Council Regular Meeting - 22 Oct 2018 SUBJECT/TITLE: Issuance of Park Improvement Bonds RECOMMENDED ACTION: Refer to Committee of the Whole DEPARTMENT: Administrative Services Department STAFF CONTACT: Jan Hawn, Administrative Services Administrator EXT.: 6858 FISCAL IMPACT SUMMARY: Issuance of Councilmanic park improvement bonds will generate approximately $14.5 million in projected proceeds funded by a property tax levy consistent with the recommendation of the Parks Citiz en's Advisory Committee and prior Council approval on September 10, 2018. SUMMARY OF ACTION: The City Council created a Parks, Trails and Community Facilities Citizen’s Advisory Committee (CAC) in January 2018 and asked the CAC to “identify important gaps in City parks, trails and community facilities and make recommendations for additional investments.” The CAC met nine times between January -May, 2018 and subsequently identified a $70 million investment in order to make progress toward achieving the C ity’s vision for its park system. As an alternative recommendation, the CAC identified approximately $14.5 million in improvements needed to preserve the existing system should Council decide that a $70 million investments is not optimal at this time. On August 6, 2018, EMC Research presented the results of a citizen poll. Subsequently, on September 10, 2018, the Council voted to approve the Committee of the Whole report recommending approval of a funding package of $14.5 million and further recommended that an ordinance be prepared and presented. Staff began work with Deanna Gregory of Pacifica Law Group, the City’s bond counsel, and Justin Monway of Piper Jaffray & Company, the City’s financial advisor, on the preparation of an ordinance authorizing the issuance of Councilmanic bonds which would generate approximately $14.5 million in project proceeds. EXHIBITS: A. Issue Paper B. Draft Ordinance STAFF RECOMMENDATION: Approve the issuance of Councilmanic bonds generating approximately $14.5 million for park improvements funded by a property tax levy. The bond ordinance will be presented for first reading November 5, 2018 and second reading and adoption on November 19, 2018. AGENDA ITEM #2. a) ADMINISTRATIVE SERVICES M E M O R A N D U M DATE:October 12, 2018 TO:Ed Prince, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Jan Hawn, Administrative Services Administrator STAFF CONTACT:Jan Hawn, 6858 SUBJECT:Issuance of Park Improvement Bonds ISSUE Should the City issue Councilmanic bonds generating approximately $14.5 million in project proceeds to fund park improvements funded by a property tax levy? RECOMMENDATION Staff recommends approval of the issuance of Councilmanic park improvement bonds generating approximately $14.5 million in project proceeds funded by a property tax levy consistent with the recommendation of the Parks Citizen’s Advisory Committee and prior Council approval on September 10, 2018. BACKGROUND The City Council created a Parks, Trails and Community Facilities Citizen’s Advisory Committee (CAC) in January 2018 and asked the CAC to “identify important gaps in City parks, trails and community facilities and make recommendations for additional investments.” The CAC met nine times between January-May, 2018 and subsequently identified a $70 million investment in order to make progress toward achieving the City’s vision for its park system. As an alternative recommendation, the CAC identified approximately $14.5 million in improvements needed to preserve the existing system should Council decide that a $70 million investments is not optimal at this time. On August 6, 2018, EMC Research presented the results of a citizen poll. Subsequently, on September 10, 2018, the Council voted to approve the Committee of the Whole report recommending approval of a funding package of $14.5 million and further recommended that an ordinance be prepared and presented. Staff began work with Deanna Gregory of Pacifica Law Group, the City’s bond counsel, and Justin Monway of Piper Jaffray & Company, the City’s financial advisor, on the preparation of an ordinance authorizing the issuance of Councilmanic bonds which would generate approximately $14.5 million in project proceeds. AGENDA ITEM #2. a) Ed Prince, Council President Members of Renton City Council Page 2 of 2 October 12, 2018 CONCLUSION Staff recommends the Council approve the issuance of Councilmanic bonds generating approximately $14.5 million for park improvements funded by a property tax levy. The bond ordinance will be presented for first reading on November 5, 2018 following a discussion with the Committee of the Whole that same evening and second reading and adoption on November 19, 2018. AGENDA ITEM #2. a) 10018 00012 hj082d42n2 CITY OF RENTON, WASHINGTON LIMITED TAX GENERAL OBLIGATION BONDS ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF LIMITED TAX GENERAL OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $15,000,000 TO FINANCE COSTS RELATED TO PARKS, TRAILS AND RECREATIONAL FACILITY IMPROVEMENTS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM, TERMS AND COVENANTS OF THE BONDS; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF THE SALE OF THE BONDS; DELEGATING AUTHORITY TO APPROVE THE METHOD OF SALE AND THE FINAL TERMS OF THE BONDS; AND PROVIDING FOR OTHER MATTERS RELATING THERETO. PASSED _________________, 2018 PREPARED BY: PACIFICA LAW GROUP LLP Seattle, Washington AGENDA ITEM #2. a) -i-10/17/18 10018 00012 hj082d42n2 CITY OF RENTON, WASHINGTON ORDINANCE NO. _______ TABLE OF CONTENTS* Page Section 1. Definitions ................................................................................................................2 Section 2. Authorization of the Projects ..................................................................................7 Section 3. Authorization and Description of Bonds .................................................................8 Section 4. Registration, Exchange and Payments ....................................................................8 Section 5. Redemption Prior to Maturity and Purchase of Bonds .........................................13 Section 6. Form of Bonds........................................................................................................17 Section 7. Execution of Bonds ................................................................................................18 Section 8. Application of Bond Proceeds; Project Fund .........................................................18 Section 9. Tax Covenants ........................................................................................................19 Section 10. Debt Service Fund and Provision for Tax Levy Payments .....................................21 Section 11. Defeasance.............................................................................................................22 Section 12. Sale of Bonds..........................................................................................................23 Section 13. Preliminary and Final Official Statements .............................................................26 Section 14. Undertaking to Provide Ongoing Disclosure .........................................................26 Section 15. Lost, Stolen or Destroyed Bonds ...........................................................................26 Section 16. Severability; Ratification ........................................................................................27 Section 17. Payments Due on Business Days ...........................................................................27 Section 18. Corrections by City Clerk........................................................................................27 Section 19. Effective Date .........................................................................................................28 Exhibit A: Form of Bond * This Table of Contents is provided for convenience only and is not a part of this ordinance. AGENDA ITEM #2. a) CITY OF RENTON, WASHINGTON ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF LIMITED TAX GENERAL OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $15,000,000 TO FINANCE COSTS RELATED TO PARKS, TRAILS AND RECREATIONAL FACILITY IMPROVEMENTS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM, TERMS AND COVENANTS OF THE BONDS; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF THE SALE OF THE BONDS; DELEGATING AUTHORITY TO APPROVE THE METHOD OF SALE AND THE FINAL TERMS OF THE BONDS; AND PROVIDING FOR OTHER MATTERS RELATING THERETO. WHEREAS, the City Council (the “Council”) of the City of Renton, Washington (the “City”) has determined it is in the best interest of the City to make certain improvements to parks, trails and recreational facilities in the City (as further defined herein, the “Projects”); and WHEREAS, after due consideration the Council has determined that it is in the best interest of the City to authorize the issuance and sale of limited tax general obligation bonds to pay a portion of the costs of the Projects; and WHEREAS, this Council wishes to delegate authority to the Mayor, the Chief Administrative Officer and the Administrative Services Administrator of the City (as further described herein, each a “Designated Representative”), for a limited time, to approve the method of sale and the interest rates, maturity dates, redemption terms and principal maturities for each series of bonds authorized herein within the parameters set by this ordinance; and AGENDA ITEM #2. a) -2- 10018 00012 hj082d42n2 WHEREAS, the bonds shall be sold by negotiated or competitive public sale as set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Definitions. As used in this ordinance, the following words and terms shall have the following meanings, unless the context or use indicates another or different meaning or intent. Unless the context indicates otherwise, words importing the singular number shall include the plural number and vice versa. Administrative Services Administrator means the City’s Administrative Services Administrator or the successor to such officer. Beneficial Owner means any person that has or shares the power, directly or indirectly, to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). Bond Counsel means Pacifica Law Group LLP or an attorney at law or a firm of attorneys, selected by the City, of nationally recognized standing in matters pertaining to the tax exempt nature of interest on bonds issued by states and their political subdivisions. Bond Purchase Contract means the contract, if any, for the purchase of any Bonds of a series sold by negotiated sale to an Underwriter, executed pursuant to Section 12. Bond Register means the registration books maintained by the Bond Registrar for purposes of identifying ownership of the Bonds or the nominee of each owner, and such other information as the Bond Registrar shall determine. AGENDA ITEM #2. a) -3- 10018 00012 hj082d42n2 Bond Registrar means, initially, the fiscal agent of the State, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds and paying interest on and principal of the Bonds. Bonds mean the limited tax general obligation bonds authorized to be issued in one or more series pursuant to this ordinance in the aggregate principal amount of not to exceed $15,000,000. Certificate of Award means the certificate, if any, for the purchase of a series of Bonds awarding the Bonds to the initial purchaser for such Bonds as set forth in Section 12 of this ordinance. Chief Administrative Officer means the Chief Administrative Officer of the City or the successor to such officer. City means the City of Renton, a municipal corporation duly organized and existing under the laws of the State. City Clerk means the duly appointed and acting City Clerk of the City or the successor to the duties of that office. Closing means the date of issuance and delivery of a series of Bonds to the applicable Underwriter. Code means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Tax-Exempt Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the Tax-Exempt Bonds, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code. AGENDA ITEM #2. a) -4- 10018 00012 hj082d42n2 Commission means the United States Securities and Exchange Commission. Continuing Disclosure Certificate means the written undertaking for the benefit of the owners and Beneficial Owners of the Bonds as required by Section (b)(5) of the Rule. Council or City Council means the Renton City Council, as the general legislative body of the City as the same is duly and regularly constituted from time to time. Debt Service Fund means one or more funds or accounts created pursuant to this ordinance for the purpose of paying debt service on a series of Bonds. Designated Representative means each the Mayor, the Chief Administrative Officer and the Administrative Services Administrator of the City, any successors to the functions of such offices, and their designees. The signature of one Designated Representative shall be sufficient to bind the City. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to this ordinance. Fair Market Value means the price at which a willing buyer would purchase an investment from a willing seller in a bona fide, arm's-length transaction, except for specified investments as described in Treasury Regulation §1.148-5(d)(6), including United States Treasury obligations, certificates of deposit, guaranteed investment contracts, and investments for yield restricted defeasance escrows. Fair Market Value is generally determined on the date on which a contract to purchase or sell an investment becomes binding, and, to the extent required by the applicable regulations under the Code, the term “investment” will include a hedge. AGENDA ITEM #2. a) -5- 10018 00012 hj082d42n2 Federal Tax Certificate means the certificate executed by a Designated Representative setting forth the requirements of the Code for maintaining the tax exemption of interest on any Tax-Exempt Bonds, and attachments thereto. Government Obligations means those obligations now or hereafter defined as such in chapter 39.53 RCW constituting direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, as such chapter may be hereafter amended or restated. Letter of Representations means the Blanket Issuer Letter of Representations given by the City to DTC, as amended from time to time. Mayor or City Mayor means the elected Mayor of the City or the successor to the duties of that office. MSRB means the Municipal Securities Rulemaking Board or any successors to its functions. Official Statement means the disclosure documents prepared and delivered in connection with the issuance of a series of Bonds. Project Fund means the fund or account created pursuant to Section 8 of this ordinance. Projects mean the capital improvements authorized in Section 2 of this ordinance. Record Date means the close of business for the Bond Registrar that is 15 days preceding any interest and/or principal payment or redemption date. AGENDA ITEM #2. a) -6- 10018 00012 hj082d42n2 Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book-entry only form, DTC or its nominee shall be deemed to be the sole Registered Owner. Rule means the Commission’s Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. Sale Document means the Bond Purchase Contract or Certificate of Award, if any, executed by a Designated Representative in connection with the sale of a series of Bonds pursuant to Section 12 of this ordinance, which shall provide for the name, principal and interest payment dates and amounts, redemption/prepayment rights, and other terms to describe such Bonds as determined to be necessary by a Designated Representative. State means the State of Washington. Taxable Bonds means any Bonds determined to be issued on a taxable basis pursuant to Section 12. Tax-Exempt Bonds mean any Bonds determined to be issued on a tax-exempt basis under the Code pursuant to Section 12. Underwriter means any underwriter, in the case of a negotiated sale, or initial purchaser, in the case of a competitive sale, for a series of Bonds selected pursuant to Section 12. Section 2. Authorization of the Projects. The City owns and operates parks, trails and recreational facilities. The City Council has adopted a Parks, Recreation and Natural Areas Plan and a Trails and Bicycle Master Plan (the “Park Plans”) to provide a framework to guide the City in establishing priorities, making decisions, funding improvements and operations, and AGENDA ITEM #2. a) -7- 10018 00012 hj082d42n2 ensuring the City’s facilities meet current demand and include capacity for future generations. The Park Plans identify certain capital needs at City parks, trails and recreational facilities, including, but not limited to, the construction, improvement, development, and equipping of playgrounds, turf areas, ballfields, sport courts, multi-use and walking trails, parking facilities and other park, trails and recreational improvements (together, the “Projects”) that will serve the community and City programs. The Projects, as they are to be more fully described in the plans and specifications prepared by and filed with the City, are hereby approved. The cost of all necessary appraisals, negotiation, closing, architectural, engineering, financial, legal and other consulting services, inspection and testing, demolition, administrative and relocation expenses and other costs incurred in connection with the foregoing capital improvements shall be deemed a part of the capital costs of such Projects. Such Projects shall be complete with all necessary equipment and appurtenances. The City will determine the exact specifications for the Projects, and the components thereof, as well as the timing, order and manner of completing the components of the Projects. The City may alter, make substitutions to, and amend the Projects as it determines are in the best interests of the City and consistent with the general descriptions provided herein. Section 3. Authorization and Description of Bonds. For the purpose of paying and/or reimbursing the City for costs of the Projects and paying costs of issuance, the City is hereby authorized to issue and sell from time to time one or more series of limited tax general obligation bonds in an aggregate principal amount not to exceed $15,000,000 (the “Bonds”). AGENDA ITEM #2. a) -8- 10018 00012 hj082d42n2 The Bonds of each series shall be general obligations of the City and shall be designated “City of Renton, Washington, Limited Tax General Obligation Bonds, 2019” with additional series designation or other such designation as determined to be necessary by a Designated Representative. The Bonds shall be dated as of the date of Closing for such series of Bonds; shall be fully registered as to both principal and interest; shall be in the denomination of $5,000 each, or any integral multiple thereof, within a series and maturity; shall be numbered separately in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; shall bear interest from their date payable on the dates and commencing as provided in the applicable Sale Document; and shall mature on the dates and in the principal amounts set forth in the applicable Sale Document, as approved and executed by a Designated Representative pursuant to Section 12 of this ordinance. Section 4. Registration, Exchange and Payments. (a)Bond Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment of state fiscal agencies. The City shall cause the Bond Register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its designated office. The Bond Registrar may be removed at any time at the option of the Administrative Services Administrator upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Administrative Services Administrator. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have accepted the duties of the Bond AGENDA ITEM #2. a) -9- 10018 00012 hj082d42n2 Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar’s powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. (b)Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond of a series as the absolute owner thereof for all purposes (except as provided in a Continuing Disclosure Certificate), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 4(g), but such Bond may be transferred as herein provided. All such payments made as described in Section 4(g) shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c)DTC Acceptance/Letters of Representations. The Bonds of a series initially shall be held by DTC acting as depository. The City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar shall have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given AGENDA ITEM #2. a) -10- 10018 00012 hj082d42n2 by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held by a depository, DTC or its successor depository or its nominee shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. (d)Use of Depository. (1) The Bonds shall be registered initially in the name of “Cede & Co.”, as nominee of DTC, with one Bond of each series maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Administrative Services Administrator pursuant to subsection (2) below or such substitute depository’s successor; or (C) to any person as provided in subsection (4) below. (2) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Administrative Services Administrator to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Administrative Services Administrator may hereafter appoint a substitute depository. Any such substitute AGENDA ITEM #2. a) -11- 10018 00012 hj082d42n2 depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds together with a written request on behalf of the Administrative Services Administrator, issue a single new Bond for each maturity of that series then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Administrative Services Administrator. (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the Administrative Services Administrator determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain physical Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held by a depository. The Administrative Services Administrator shall deliver a written request to the Bond Registrar, together with a supply of physical Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a written request on behalf of the Administrative Services Administrator to the Bond Registrar, new Bonds of such series shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. (e)Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of AGENDA ITEM #2. a) -12- 10018 00012 hj082d42n2 any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner’s duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, series, maturity, and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, series, maturity, and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer of or to exchange any Bond during the 15 days preceding any principal payment or redemption date. (f)Bond Registrar’s Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners or beneficial owners of Bonds. (g)Place and Medium of Payment. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be AGENDA ITEM #2. a) -13- 10018 00012 hj082d42n2 calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are held by a depository, payments of principal thereof and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer held by a depository, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the Record Date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds (received by the Bond Registrar at least by the Record Date), such payment shall be made by the Bond Registrar by wire transfer to the account within the United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the designated office of the Bond Registrar. If any Bond is duly presented for payment and funds have not been provided by the City on the applicable payment date, then interest will continue to accrue thereafter on the unpaid principal thereof at the rate stated on the Bond until the Bond is paid. Section 5. Redemption Prior to Maturity and Purchase of Bonds. (a)Mandatory Redemption of Term Bonds and Optional Redemption. The Bonds of each series shall be subject to mandatory redemption to the extent, if any, set forth in the Sale Document and as approved by a Designated Representative pursuant to Section 12. The Bonds of each series shall be subject to optional redemption on the dates, at the prices and under the terms set forth in the Sale Document approved by a Designated Representative pursuant to Section 12. (b)Purchase of Bonds. The City reserves the right to purchase any or all of the AGENDA ITEM #2. a) -14- 10018 00012 hj082d42n2 Bonds offered to it at any time at a price deemed reasonable by the Administrative Services Administrator plus accrued interest to the date of purchase. (c)Selection of Bonds for Redemption. For as long as the Bonds are held in book-entry only form, the selection of particular Bonds within a series and maturity to be redeemed shall be made in accordance with the operational arrangements then in effect at DTC. If the Bonds are no longer held by a depository, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this subsection (c). If the City redeems at any one time fewer than all of the Bonds of a series having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar) in increments of $5,000. In the case of a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. In the event that only a portion of the principal sum of a Bond is redeemed, upon surrender of such Bond at the designated office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like series, maturity and interest rate in any of the denominations herein authorized. (d)Notice of Redemption. (1) Official Notice. For so long as the Bonds are held by a depository, notice of redemption shall be given in accordance with the operational arrangements of DTC as then AGENDA ITEM #2. a) -15- 10018 00012 hj082d42n2 in effect, and neither the City nor the Bond Registrar shall provide any notice of redemption to any beneficial owners. The notice of redemption may be conditional. Unless waived by any Registered Owner of Bonds to be redeemed, official notice of any such redemption (which redemption may be conditioned by the Bond Registrar on the receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 20 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. All official notices of redemption shall be dated and shall state: (A) the redemption date, (B) the redemption price, (C) if fewer than all outstanding Bonds are to be redeemed, the identification by series and maturity (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (D) any conditions to redemption, (E) that unless conditional notice of redemption has been given and such conditions have either been satisfied or waived, on the redemption date the redemption price shall become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and AGENDA ITEM #2. a) -16- 10018 00012 hj082d42n2 (F) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the designated office of the Bond Registrar. On or prior to any redemption date, unless such redemption has been rescinded or revoked, the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. The City retains the right to rescind any redemption notice and the related optional redemption of Bonds by giving notice of rescission to the affected Registered Owners at any time on or prior to the scheduled redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding. (2) Effect of Notice; Bonds Due. If notice of redemption has been given and not rescinded or revoked, or if the conditions set forth in a conditional notice of redemption have been satisfied or waived, the Bonds of such series or portions of Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be reissued. (3) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure AGENDA ITEM #2. a) -17- 10018 00012 hj082d42n2 to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the series and maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 20 days before the redemption date to each party entitled to receive notice pursuant to Section 14 and the applicable Continuing Disclosure Certificate and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. (4) Amendment of Notice Provisions. The foregoing notice provisions of this Section 5, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. Section 6. Form of Bonds. The Bonds shall be in substantially the form set forth in Exhibit A, which is incorporated herein by this reference. Section 7. Execution of Bonds. The Bonds shall be executed on behalf of the City by the facsimile or manual signature of the Mayor and shall be attested to by the facsimile or manual signature of the City Clerk, and shall have the seal of the City impressed or a facsimile thereof imprinted, or otherwise reproduced thereon. AGENDA ITEM #2. a) -18- 10018 00012 hj082d42n2 In the event any officer who shall have signed or whose facsimile signatures appear on any of the Bonds shall cease to be such officer of the City before said Bonds shall have been authenticated or delivered by the Bond Registrar or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issuance, shall be as binding upon the City as though said person had not ceased to be such officer. Any Bond may be signed and attested on behalf of the City by such persons who, at the actual date of execution of such Bond shall be the proper officer of the City, although at the original date of such Bond such persons were not such officers of the City. Only such Bonds as shall bear thereon a Certificate of Authentication manually executed by an authorized representative of the Bond Registrar shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. Section 8. Application of Bond Proceeds; Project Fund. The Administrative Services Administrator is hereby authorized to create a fund or account (the “Project Fund”), and subaccounts therein as necessary, for the purposes set forth in this section. A portion of the proceeds of each series of Bonds, net of any Underwriter’s discount and fees, shall be deposited in the Project Fund in the amounts specified in the closing memorandum prepared in connection with the issuance of such Bonds. Such proceeds shall be used to pay and/or reimburse the City for the costs of the Projects and, unless otherwise provided by the City, to pay costs of issuance of such Bonds. AGENDA ITEM #2. a) -19- 10018 00012 hj082d42n2 The Administrative Services Administrator shall invest money in the Project Fund and the subaccounts contained therein in such obligations as may now or hereafter be permitted by law to cities of the State and which will mature prior to the date on which such money shall be needed, but only to the extent that the same are acquired, valued and disposed of at Fair Market Value. Upon completion of the Projects, any remaining Bond proceeds (including interest earnings thereon) may be used for other capital projects of the City or shall be transferred to the Debt Service Fund for the allocable series of Bonds. Section 9. Tax Covenants. The City will take all actions necessary to assure the exclusion of interest on any Tax-Exempt Bonds from the gross income of the owners of such Tax-Exempt Bonds to the same extent as such interest is permitted to be excluded from gross income under the Code as in effect on the date of issuance of such Tax-Exempt Bonds, including but not limited to the following: (a)Private Activity Bond Limitation. The City will assure that the proceeds of the Tax-Exempt Bonds are not so used as to cause the Tax-Exempt Bonds to satisfy the private business tests of Section 141(b) of the Code or the private loan financing test of Section 141(c) of the Code. (b)Limitations on Disposition of Projects. The City will not sell or otherwise transfer or dispose of (i) any personal property components of the Projects other than in the ordinary course of an established government program under Treasury Regulation 1.141-2(d)(4) or (ii) any real property components of the Projects, unless it has received an opinion of Bond Counsel to the effect that such disposition will not adversely affect the treatment of interest on the Tax-Exempt Bonds as excludable from gross income for federal income tax purposes. AGENDA ITEM #2. a) -20- 10018 00012 hj082d42n2 (c)Federal Guarantee Prohibition. The City will not take any action or permit or suffer any action to be taken if the result of such action would be to cause any of the Tax- Exempt Bonds to be “federally guaranteed” within the meaning of Section 149(b) of the Code. (d)Rebate Requirement. The City will take any and all actions necessary to assure compliance with Section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to the Tax-Exempt Bonds. (e)No Arbitrage. The City will not take, or permit or suffer to be taken, any action with respect to the proceeds of the Tax-Exempt Bonds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of issuance of the Tax-Exempt Bonds would have caused the Tax-Exempt Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Code. (f)Registration Covenant. The City will maintain a system for recording the ownership of each Tax-Exempt Bond that complies with the provisions of Section 149 of the Code until all Tax-Exempt Bonds have been surrendered and canceled. (g)Record Retention. The City will retain its records of all accounting and monitoring it carries out with respect to the Tax-Exempt Bonds for at least three years after the Tax-Exempt Bonds mature or are redeemed (whichever is earlier); however, if the Tax-Exempt Bonds are redeemed and refunded, the City will retain its records of accounting and monitoring at least three years after the earlier of the maturity or redemption of the obligations that refunded the Tax-Exempt Bonds. AGENDA ITEM #2. a) -21- 10018 00012 hj082d42n2 (h)Compliance with Federal Tax Certificate. The City will comply with the provisions of the Federal Tax Certificate with respect to a series of Tax-Exempt Bonds, which are incorporated herein as if fully set forth herein. The covenants of this Section will survive payment in full or defeasance of the Tax-Exempt Bonds. (i)Bank Qualification. Each Designated Representative is hereby authorized to designate each series of Bonds as “qualified tax-exempt obligations” under Section 265(b)(3) of the Code for investment by financial institutions if the City does not reasonably expect to issue more than $10,000,000 of qualified tax-exempt obligations in the calendar year in which such Bonds are issued. Section 10. Debt Service Fund and Provision for Tax Levy Payments. The City hereby authorizes the creation of one or more funds, and accounts held therein, to be used for the payment of debt service on each series of Bonds, designated as the “Limited Tax General Obligation Bond Debt Service Fund” or other such designation selected by the City (the “Debt Service Fund”). No later than the date each payment of principal of or interest on the Bonds becomes due, the City shall transmit sufficient funds, from the Debt Service Fund or from other legally available sources, to the Bond Registrar for the payment of such principal or interest. Money in the Debt Service Fund may be invested in legal investments for City funds, but only to the extent that the same are acquired, valued and disposed of at Fair Market Value. Any interest or profit from the investment of such money shall be deposited in the Debt Service Fund. The City hereby irrevocably covenants and agrees for as long as any of the Bonds are outstanding and unpaid that each year it shall include in its budget and levy an ad valorem tax AGENDA ITEM #2. a) -22- 10018 00012 hj082d42n2 upon all the property within the City subject to taxation in an amount that will be sufficient, together with all other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bonds as the same shall become due. The City hereby irrevocably pledges that the annual tax provided for herein to be levied for the payment of such principal and interest shall be within and as a part of the property tax levy permitted to cities without a vote of the electorate, and that a sufficient portion of each annual levy to be levied and collected by the City prior to the full payment of the principal of and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bonds. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and for the prompt payment of the principal of and interest on the Bonds when due. Section 11. Defeasance. In the event that the City, in order to effect the payment, retirement or redemption of any Bond, sets aside in the Debt Service Fund or in another special account, cash or noncallable Government Obligations, or any combination of cash and/or noncallable Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Debt Service Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, premium, if any, and interest from the Debt Service AGENDA ITEM #2. a) -23- 10018 00012 hj082d42n2 Fund or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. The City shall give written notice of defeasance of any Bonds of a series in accordance with the applicable Continuing Disclosure Certificate. Section 12. Sale of Bonds. (a)Bond Sale. The Council has determined that it would be in the best interest of the City to delegate to the Designated Representatives, for a limited time, the authority to determine the method of sale for the Bonds, to designate each series of Bonds as Tax-Exempt Bonds or Taxable Bonds, and to approve the final interest rates, maturity dates, redemption terms and principal maturities for each series of Bonds. Bonds issued pursuant to the terms of this ordinance for the purpose of paying and/or reimbursing the City for costs of the Projects and paying related costs of issuance may be issued in one or more series from time to time so long as all Bonds issued under this ordinance comply with the terms provided herein. (b)Negotiated Bond Sale. If a Designated Representative determines that the Bonds of a series are to be sold by negotiated public sale, a Designated Representative shall solicit proposals from one or more qualified underwriting firms and shall select the Underwriter that submits the proposal that is in the best interest of the City. The Bonds of such series shall be sold to such Underwriter pursuant to the terms of a Bond Purchase Contract. (c)Competitive Sale. If a Designated Representative determines that the Bonds of a series are to be sold at a competitive public sale, a Designated Representative shall with respect to such series of Bonds: (1) establish the date of the public sale; (2) establish the criteria by which the successful bidder will be determined; (3) request that a good faith deposit AGENDA ITEM #2. a) -24- 10018 00012 hj082d42n2 accompany each bid; (4) cause notice of the public sale to be given; and (5) provide for such other matters pertaining to the public sale as he or she deems necessary or desirable. The Bonds of such series shall be sold to such Underwriter pursuant to the terms of a Certificate of Award. (d)Sale Parameters. Subject to the terms and conditions set forth in this Section 12, each Designated Representative is hereby authorized to approve the method of sale for each series of Bonds, to designate each series of Bonds as Tax-Exempt Bonds or Taxable Bonds, and to determine the final interest rates, aggregate principal amount, principal maturities, and redemption rights for each series of Bonds in the manner provided hereafter so long as: (1) the aggregate principal (face) amount of all Bonds issued under the authority granted in this ordinance does not exceed $15,000,000, (2) the final maturity date for the Bonds of each series is no later than December 1, 2040, (3) the aggregate purchase price for the Bonds of each series shall not be less than 98% of the aggregate stated principal amount of the Bonds of each series, (4) the true interest cost for the Tax-Exempt Bonds (in the aggregate for such series) does not exceed 5.00%, (5) the true interest cost for the Taxable Bonds (in the aggregate for such series) does not exceed 5.50%, and (6) the Bonds of each series otherwise conform to all other terms of this ordinance. AGENDA ITEM #2. a) -25- 10018 00012 hj082d42n2 Subject to the terms and conditions set forth in this section, each Designated Representative is hereby authorized to select the Underwriter and to execute the appropriate Sale Document on behalf of the City for each series of Bonds. The signature of one Designated Representative shall be sufficient to bind the City. Following the execution of the Sale Document, a Designated Representative shall provide a report to the Council describing the terms of the Bonds sold pursuant to such Sale Document and approved pursuant to the authority delegated in this section. The authority granted to the Designated Representatives by this Section 12 shall expire one year after the effective date of this ordinance. If a Sale Document for the Bonds has not been executed within one year after the effective date of this ordinance, the authorization for the issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale approved unless such Bonds are re-authorized by ordinance of the Council. The ordinance re-authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a Sale Document or establishing terms and conditions for the authority delegated under this Section 12. (e)Delivery of Bonds; Documentation. Upon the passage and approval of this ordinance and execution of the Sale Document, the proper officials of the City, including the Designated Representatives and the City Clerk, are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Bonds of a series to the Underwriter and further to execute all closing certificates and documents required to effect the closing and delivery of the Bonds of a series in accordance with the terms of the Sale AGENDA ITEM #2. a) -26- 10018 00012 hj082d42n2 Document. Such documents may include, but are not limited to, documents related to a municipal bond insurance policy delivered by an insurer to insure the payment when due of the principal of and interest on all or a portion of the Bonds as provided therein, if such insurance is determined by a Designated Representative to be in the best interest of the City. Section 13. Preliminary and Final Official Statements. Each Designated Representative is hereby authorized to deem final the preliminary Official Statement relating to a series of Bonds for the purposes of the Rule. Each Designated Representative is further authorized to approve for purposes of the Rule, on behalf of the City, the final Official Statement relating to the issuance and sale of a series of Bonds and the distribution of the final Official Statement in accordance with the Rule with such changes, if any, as may be deemed by him or her to be appropriate. Section 14. Undertaking to Provide Ongoing Disclosure. The City covenants to execute and deliver at the time of Closing of a series of Bonds a Continuing Disclosure Certificate. Each Designated Representative is hereby authorized to execute and deliver a Continuing Disclosure Certificate upon the issuance, delivery and sale of a series of Bonds with such terms and provisions as such officer shall deem appropriate and in the best interests of the City. Section 15. Lost, Stolen or Destroyed Bonds. In case any Bonds are lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like series, amount, date and tenor to the Registered Owner thereof if the Registered Owner pays the expenses and charges of the Bond Registrar and the City in connection therewith and files with the Bond Registrar and the City evidence satisfactory to both that such Bond or Bonds were AGENDA ITEM #2. a) -27- 10018 00012 hj082d42n2 actually lost, stolen or destroyed and of his or her ownership thereof, and furnishes the City and the Bond Registrar with indemnity satisfactory to both. Section 16. Severability; Ratification. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. All acts taken pursuant to the authority granted in this ordinance but prior to its effective date are hereby ratified and confirmed. Section 17. Payments Due on Business Days. If an interest and/or principal payment date for the Bonds is not a business day, then payment shall be made on the next business day and no interest shall accrue for the intervening period. Section 18. Corrections by Clerk. Upon approval of the City Attorney and Bond Counsel, the City Clerk is hereby authorized to make necessary corrections to this ordinance, including but not limited to the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; ordinance numbering and section/subsection numbering; and other similar necessary corrections. AGENDA ITEM #2. a) -28- 10018 00012 hj082d42n2 Section 19. Effective Date. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED by the City Council this ____ day of _____________, 2018. Jason A. Seth, CMC, City Clerk APPROVED BY THE MAYOR this ____ day of __________, 2018. Denis Law, Mayor Approved as to form: Pacifica Law Group LLP Bond Counsel Date of Publication: ___________________ AGENDA ITEM #2. a) A-1 10018 00012 hj082d42n2 Exhibit A Form of Bond [DTC LANGUAGE] UNITED STATES OF AMERICA NO. $___________ STATE OF WASHINGTON CITY OF RENTON LIMITED TAX GENERAL OBLIGATION BOND, 20___[(Taxable)] INTEREST RATE: % MATURITY DATE: CUSIP NO.: REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Renton, Washington (the “City”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from ___________, 20___, or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on ___________ 1, 20___, and semiannually thereafter on the first days of each succeeding ___________ and ___________. Both principal of and interest on this bond are payable in lawful money of the United States of America. The fiscal agent of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the “Bond Registrar”). For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of The Depository Trust Company (“DTC”) referred to in the Blanket Issuer Letter of Representations (the “Letter of Representations”) from the City to DTC. The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and Ordinance No.____ duly passed by the City Council on ____________, 2018 (the “Bond Ordinance”). Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Bond Registrar or its duly designated agent. AGENDA ITEM #2. a) A-2 10018 00012 hj082d42n2 This bond is one of an authorized issue of bonds of like series, date, tenor, rate of interest and date of maturity, except as to number and amount in the aggregate principal amount of $__________ and is issued pursuant to the Bond Ordinance to provide a portion of the funds necessary to pay the costs of certain park, trails and recreational facility improvements and to pay costs of issuance. The bonds of this issue are subject to redemption prior to their stated maturities as provided in the [Bond Purchase Contract/Certificate of Award]. The City has irrevocably covenanted with the owner of this bond that it shall include in its annual budget and levy taxes annually, within and a part of the tax levy permitted to the City without a vote of the electorate, upon all the taxable property in the City in amounts sufficient, together with other money legally available therefor, to pay the principal of and interest on this bond when due. The full faith, credit and resources of the City are irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. The pledge of tax levies for payment of principal of and interest on the bonds may be discharged prior to maturity of the bonds by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist and to have happened, been done and performed precedent to and in the issuance of this bond exist and have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. IN WITNESS WHEREOF, the City of Renton, Washington, has caused this bond to be executed by the manual or facsimile signatures of the Mayor and the City Clerk and the seal of the City to be imprinted, impressed or otherwise reproduced hereon as of this ____ day of ___________, 20___. [SEAL] CITY OF RENTON, WASHINGTON By /s/ manual or facsimile Mayor ATTEST: /s/ manual or facsimile City Clerk AGENDA ITEM #2. a) A-3 10018 00012 hj082d42n2 The Bond Registrar’s Certificate of Authentication on the Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION Date of Authentication: _____________________ This bond is one of the bonds described in the within-mentioned Bond Ordinance and is one of the Limited Tax General Obligation Bonds, 20___, of the City of Renton, Washington, dated ____________, 2018. WASHINGTON STATE FISCAL AGENT, as Bond Registrar By AGENDA ITEM #2. a) 10018 00012 hj082d42n2 CERTIFICATE I, the undersigned, City Clerk of the City Council of the City of Renton, Washington (the “City”), DO HEREBY CERTIFY: 1. The attached copy of Ordinance No. ___________ (the “Ordinance”) is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on _______________ as that ordinance appears in the minute book of the City; and the Ordinance will be in full force and effect after its passage and publication as provided by law; and 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been fully fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. 3. That Ordinance No. ___________ has not been amended, supplemented or rescinded since its passage and is in full force and effect and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of __________, 2018. City Clerk AGENDA ITEM #2. a) Proposed 2019 Legislative Agendas State Regional Federal AGENDA ITEM #3. a) The Agendas •For the first time, we are adding Regional and Federal agendas to our list. •Regional Agenda will help guide our work with King County, Sound Transit, PSRC, Sound Cities, etc. •Federal Agenda not meant to be all-inclusive, but rather IDs several issue areas where City can play active role.AGENDA ITEM #3. a) Proposed State Legislative The Landscape •Odd-numbered year means long Session (105 days –starts Jan. 14). •Biennial budgets must be enacted –state has three: Operating; Capital; Transportation. •Ultra -slim majorities in Senate (25-24) and House (50-48) for Democrats. “Conventional wisdom,” Primary results, tell us Ds may widen that majority, especially in the House. •Note of Caution: “Conventional Wisdom” can be wrong! More reliable snapshot after November 6.AGENDA ITEM #3. a) Major Issues & Challenges -State •Mental Health system –Western State Hospital in trouble with federal officials; Medicaid $ at risk; Governor to introduce package to establish more community facilities; Senate Republicans offer $500 million bond bill. •Culverts –U.S. Supreme Court didn’t act on state appeal, state on hook for $2.4 billion in repairs and removals to better ensure fish passage. NOTE: Locals could be next. •Affordable Housing/Homelessness –Markets have cooled a bit, but large swaths of Central Puget Sound have out-of-reach costs. Affordable housing crisis, and resulting domino impact on homelessness, top-of-mind.AGENDA ITEM #3. a) Major Issues & Challenges -State •McCleary has been satisfied, but key K-12 funding pressures remain –Numerous School Districts devote extra McCleary $$ to double-digit raises. How to accommodate students, whether to re-rack property tax measures, possible Capital Gains tax proposed by State Schools Supt. –all on the table. •Transportation –Key lawmakers discussing a package of investments –will be heavily influenced by voters’ decision on I-1631.AGENDA ITEM #3. a) Cities/Local Governments •“Ground zero” for the issues that play out when acute affordable housing, homelessness, and mental health challenges are mixed together. •Infrastructure challenges --exacerbated by population and job growth –remain intense. GMA weak link: Lack of infrastructure funding to deal with targeted growth. •Transportation the most visible –but hardly the only –infrastructure flash point.AGENDA ITEM #3. a) Cities/Local Governments •Economic development and recruitment tools remain few and far between. •Budget pressures, potential threats to revenue distributions never go away, even when the economy is humming (and within a few years, flattening or a slight recession is predicted).AGENDA ITEM #3. a) Recommendations for Renton •Still makes sense to use our ‘bucket’s of public safety, quality of life, fiscal stability, invest in transportation. •You will note we have two (2) capital requests. •Similarly, two (2) transportation requests. •Many of these issues will look familiar to you! •NOTE: Covering “Key Priorities” this evening, but open to questions on entirety of agenda.AGENDA ITEM #3. a) Address Public Safety •WSP Forensics Lab –Catch-up on processing of sexual assault/rap kits critical to resolve criminal investigations --Support WSP operating/capital requests to fortify Vancouver as key through-put for resolving backlog of 6,000 kits. •Basic Law Enforcement Academy (BLEA)– Strongly support increase in “base budget” level from 10 classes to 19 classes. In actual “appropriation,” ensure 17 state-funded classes from 17-19 goes up to 19.AGENDA ITEM #3. a) Address Public Safety •Mental Health Field Response Teams –Renton helped pass bill authorizing these and allocating initial $1M for grants. Trueblood settlement now references mental health teams, and WASPC to seek $10M. •Jail-bed rates paid to SCORE by Dept. of Corrections (DOC) for state prisoners –Seek major increase in $85/day max. Average for others is $124. King County jail receiving more for mental-health costs NOTE: This issue may get negotiated, resolved pre-session.AGENDA ITEM #3. a) Enhance Quality of Life •Extend Burnett Linear Park north to 3rd Street, establish ‘Renton Connector,’ bring bike/ped network near Cedar River: This project is a key part of the “Civic Core” vision, helps community open its arms to river, serves lower-income SE Renton neighborhood residents. Capital Budget request:$2M •Upgrade play equipment at Gene Coulon Park: Council approved nearly $15M in councilmanic bonds for parks deferred maintenance, but Coulon an example of a regional park, so in state’s interest to partner. Capital Budget request: $1M AGENDA ITEM #3. a) Enhance Quality of Life •Affordable Housing, Homelessness, Mental Health: Support initiatives, options to better enable local governments to address affordable housing and prevent homelessness. Includes $200M request for Housing Trust Fund, renewed effort on SHB 2437 to provide state sales tax credits for affordable housing units.AGENDA ITEM #3. a) Fiscal Stability •Protect state -shared revenues and state programs that provide resources to local jurisdictions. •Specifically, work to ensure no hits or diversions on liquor revenues, municipal criminal justice assistance, marijuana revenue distributions.AGENDA ITEM #3. a) Invest in Transportation •Interstate 405 HOT Lanes Authorization: Strongly support omnibus legislation to authorize tolling/managed lanes projects -key to timeliness and success of ST3 Bus Rapid Transit along 405. •Possible bonding of toll proceeds on 405/167: If Legislature looks at 25-year bonding of proceeds to fortify key infrastructure connections to 405, dollars should be distributed equitably. Renton will raise 405/N. 8th connection, among others.AGENDA ITEM #3. a) Invest in Transportation •Williams & Wells improvements related to SR 900 transition: Seek state $ to match local $ to improve key intersections at Williams Avenue & Wells Avenue South. Part of larger initiative to convert one-way streets to two-way traffic, create more ped/bike-friendly downtown. Transportation Budget request: $1.75M •I-405/44th “Green-scaping” and Gateway features: State, ST interchange overhaul with roundabouts, in-line access –but landscaping will be minimal. Major northern gateway n and landscaping, signage should reflect that. Transportation Budget request: $210K AGENDA ITEM #3. a) Invest in Transportation •Transportation Revenue Package: Certain key lawmakers discussing. We would strongly support.AGENDA ITEM #3. a) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:November 5, 2018 TO:Ed Prince, Council President Members of Renton City Council FROM:C.E. “Chip” Vincent, CED Administrator STAFF CONTACT:Paul Hintz, Senior Planner SUBJECT:Recommendations of King County’s Regional Affordable Housing Task Force The King County Regional Affordable Housing Task Force began meeting in July 2017 with the intent of recommending a countywide affordable housing strategy to the County Executive and County Council by December 2018. The latest draft Action Plan (published October 2 and attached to this memo) was discussed by the Sound Cities Association (SCA) Public Issues Committee (PIC) on October 10, and revised by the Task Force at its meeting on October 24 (revisions not shown). This memo is intended to provide a briefing on the recommendations of this group in order to provide Councilmembers the requisite background information for their discussion at the next Committee of the Whole meeting, in advance of the November 14 PIC meeting. The recommendations of the Task Force are not mandates for cities. Rather, the Task Force recognizes that the housing market in different parts of the County will call for different solutions to preserve and increase the supply of affordable housing. Many of the actions identified in the draft Action Plan are already being implemented to some degree by cities in King County. The intent of the Task Force is to learn from these programs and policies, identify priority actions, and collaborate to build capacity to expand successful programs to a regional scale. In addition to recommending specific strategies, the Task Force is recommending a framework for ongoing collaboration among cities and with King County to implement affordable housing strategies and monitor results. This is proposed to come in the form of a standing committee of the King County Growth Management Planning Council. The GMPC is the body in King County that develops and updates the King County Countywide Planning Policies in the areas of housing, transportation, development patterns, the environment, the economy, and public facilities and services. Members of the GMPC include SCA, Seattle, Bellevue, and King County. This would be a significant AGENDA ITEM #4. a) Ed Prince, Council President Page 2 of 3 November 5, 2018 Recommendations of King County’s Regional Affordable Housing Task Force new body of work for the GMPC and King County is currently considering redirecting staffing resources to support the new standing committee as part of its budget deliberations. Recommended Strategies Setting a goal for building or preserving units of affordable housing to serve people earning less than 50% of AMI. Data presented to the Task Force identifies that there are currently more than 122,000 households in King County earning less than 50% of AMI that are cost-burdened (i.e., spending more than 30% of their income on housing). People whose housing costs exceed the 30% threshold are more likely to lose housing because of increases to housing costs, unexpected expenses, sudden loss of income, and other factors. At its meeting on October 24, the Task Force discussed setting a five-year goal for housing preservation and production dramatically above current rates. In the past five years, the region has invested roughly $384 million per year in affordable housing from federal, state, and local sources. These investments have produced or permanently preserved an average of 2,500 homes per year. The goal set by the Task Force will serve as the basis for measuring results of the Action Plan in terms of overall unit production and assessing the level of funding that would be anticipated to be needed to meet that goal. Prioritizing Affordable Housing Near High-Capacity Transit. Recommendations include establishing regional targets for affordable housing that should be preserved and developed within a half-mile walkshed of high-capacity transit stations; implementing incentives for private development of affordable housing near existing and planned frequent transit routes; and for the county to consider bonding against a portion of future Lodging Tax revenues to promote affordable housing near transit, including setting aside a portion of this funding for city incentives. Improving Tenant Protections. Recommended strategies include collaborating to implement more consistent tenant protections at the statewide and regional level to address just cause eviction, notice of rent increases, and tenant relocation assistance; seeking ways to expand support for low-income renters; and adopting local programs to improve the quality of existing affordable housing. The Action Plan envisions ongoing collaboration to more closely align regulations across jurisdictions. Cities and the county would work together to identify and implement best practices and share model programs. AGENDA ITEM #4. a) Ed Prince, Council President Page 3 of 3 November 5, 2018 Recommendations of King County’s Regional Affordable Housing Task Force Protecting Communities of Color and Low-Income Communities from Displacement Recommended strategies include improving engagement with communities of color and low-income communities in the development of affordable housing plans and policies, and implementing programs and policies that serve those at risk of displacement. Actions to implement this goal include working collaboratively to develop a toolkit for community engagement to help engage communities in local policy-making decisions. Promoting Overall Housing Growth and Diversity of Housing Types. Recommended strategies include updating zoning and land use regulations to encourage the development of a more diverse housing supply; exempting certain development fees for affordable housing; and incentivizing affordable housing development by expanding tools for investments in local infrastructure tied to affordability. The Action Plan envisions these efforts being supported through sharing of model policies, consistent monitoring of countywide affordable housing supply, and jointly advocating for support from the state legislature for condominium liability reform and infrastructure financing tools connected to affordable housing outcomes. Improving Community Engagement Recommended strategies include improving engagement with neighborhoods and residents in planning for affordable housing and improved coordination with the philanthropic, business, and faith communities. The Action Plan envisions a collaborative effort to develop tools and strategies to engage local communities to assist with implementation of affordable housing plans and land use changes. In addition, the Action Plan recommends creating a stakeholder partnership with the private sector and faith community to encourage their investment in affordable housing and communicating the need for affordable housing to the broader public. Task Force Members SCA Representatives: Mayor David Baker, Kenmore, Task Force Co-Chair Mayor Ken Hearing, North Bend Councilmember John Stokes, Bellevue Councilmember Ryan McIrvin, Renton City of Seattle Representatives: Mayor Jenny Durkan King County Representatives: Councilmember Claudia Balducci, Task Force Co-Chair County Executive Dow Constantine Councilmember Rod Dembowski Councilmember Larry Gossett Councilmember Jeanne Kohl-Welles Councilmember Pete von Reichbauer Councilmember Rob Johnson AGENDA ITEM #4. a) 1 Updated: October 2, 2018 REGIONAL AFFORDABLE HOUSING TASK FORCE FIVE-YEAR ACTION PLAN PROBLEM STATEMENT: Current estimates show a need for 244,000 additional, affordable homes in King County by 2040 so that no household earning 80% of Area Median Income (AMI) and below is cost burdened.1 This includes 156,000 homes for households currently cost-burdened and an additional 88,000 homes for growth in cost-burdened households between now and 2040. When low-income families spend more than 30% of their income for housing they are cost burdened and struggle to afford other basic necessities like food, transportation, health care, and child care. The need for new affordable homes is greatest for households earning 30% or less of AMI. 0 – 30% AMI 31 – 50% AMI 51 – 80% AMI EXISTING NEED 73,000 49,400 33,500 GROWTH TO 2040 29,700 23,900 34,500 SUBTOTAL 102,700 73,300 68,000 % TOTAL NEED IN 2040 42%30%28% Over the last decade, King County’s stock of housing affordable to households at or below 80% AMI decreased by a net average of 5,500 rental homes per year, due to demolition and rising rents. If current trends continue, by 2040, the county is set to lose all unsubsidized homes at less than 50% AMI and nearly half of units affordable to households earning 50 to 80% AMI. 1 An individual or family that pays more than 30% of its income for housing costs is considered cost burdened. AGENDA ITEM #4. b) 2 Updated: October 2, 2018 OVERALL GOAL: STRIVE TO ELIMINATE COST BURDEN FOR HOUSEHOLDS EARNING 80% AREA MEDIAN INCOME AND BELOW, WITH A PRIORITY FOR SERVING HOUSEHOLDS AT OR BELOW 50% AREA MEDIAN INCOME. The region should adopt strategies to ensure an adequate housing supply countywide to meet the needs of low-income individuals and families who are cost burdened. This includes constructing new housing, preserving the quality and affordability of existing housing, and providing subsidies when needed. Public resources should be prioritized for serving households earning 50% AMI and below, while also leveraging private investments to support affordability from 50% to 80% AMI. However, private market participation alone will be insufficient to address the full need at 80% AMI and below. 2 GOAL 1: CREATE AND SUPPORT AN ONGOING STRUCTURE FOR REGIONAL COLLABORATION. In recognition of the need for significantly more affordable housing, individual cities and the County have been working to address affordability within their jurisdictions. There are strong examples of interjurisdictional coordination, however, these efforts to date have not collectively made sufficient progress to meet the full need of the community. The drivers and effects of the affordable housing challenge are regional. Strategy A: Create a standing committee of the Growth Management Planning Council (GMPC) dedicated to affordable housing The Committee will serve as a regional advisory body with the goal of advocating and assessing progress toward implementation of the Action Plan. It will function as a point of coordination and accountability for affordable housing efforts across King County. Action Plan: The GMPC will appoint members of the committee which shall be comprised of approximately twenty members representing an equal balance of both governmental and non-governmental organizations, including representation of communities impacted by displacement. The committee will: Hold regular meetings Maintain a website of information and/or release an annual report to accomplish the following: 2 With significant public support (reduced land costs and fees and significant density), some markets may be able to incorporate lower affordability into private market developments. AGENDA ITEM #4. b) 3 Updated: October 2, 2018 Review qualitative and quantitative metrics regarding countywide and jurisdictional progress to implement the Action Plan and address the countywide need and/or cost-burden gap, including a measurement plan that will, at a minimum, track the percentage of housing supply at various levels of AMI and track the region’s progress to meeting the overall goal identified by the Regional Affordable Housing Task Force Review and make recommendations to other governing bodies regarding actions to implement the Action Plan, including: o Funding/pursuing new and innovative financing strategies to significantly address the affordable housing need in King County for adoption by jurisdictions and/or voters in 2020 o Land use policies o State legislative agenda items, such as increasing state funding for affordable housing, expanding options for local funding, supporting the creation and preservation of affordable housing, and creating uniform statewide laws for tenant protections Recommend policy positions for PSRC’s Growth Management Policy Board’s consideration and approval Review and provide guidance regarding alignment between the Action Plan and comprehensive plans Recommend amendments to the Countywide Planning Policies including regional goals/metrics and land use policies Coordinate support for increased federal funding for affordable housing Work with existing and new sub-regional collaboration, such as ARCH. Provide incentives for regional solutions which promote strategies that are broader than one jurisdiction at a time Provide technical assistance to the cities and County on affordable housing policy, including identification and sharing of best practices and model legislation Be supported by an Inter-Jurisdictional Team (IJT) that builds on but will meet separately from the GMPC IJT. The Committee IJT would include staff representing: o King County Council, Department of Community and Human Services, Office of Performance Strategy and Budget, Department of Local Services (Division of Permitting), ARCH, SKHHP/SKC representatives, City of Seattle, additional city staff in proportion to County staff, and additional staff from external/non- governmental partners AGENDA ITEM #4. b) 4 Updated: October 2, 2018 NOTE: The Regional Affordable Housing Task Force recognizes that the “One Table” effort to address the root causes of homelessness, which includes but is broader than affordability, is also engaged in discussions about governance. As One Table and the Task Force finalize their governance recommendations, they should work together to harmonize their recommendations. Strategy B: Support the creation and operation of sub-regional collaborations to increase and preserve affordable housing Action Plan: Support the creation of a South King County sub-regional collaboration Cities and County fund operations of sub-regional collaborations Encourage the growth and success of existing sub-regional collaborations GOAL 2: INCREASE CONSTRUCTION AND PRESERVATION OF AFFORDABLE HOMES FOR HOUSEHOLDS EARNING LESS THAN 50% AREA MEDIAN INCOME.3 Currently, 236,000 King County households earn less than 50% AMI, and yet only 128,000 homes are affordable at this income level. Traditionally, the private housing market has not been positioned to address the housing needs at this income level and government bears this responsibility. The region must increase housing supply and other supports for the lowest- income households. This will both secure housing stability for these households and also reduce pressure on existing and future housing, improving housing access for all incomes across the region. While implementing the land use and policy changes identified in the Five-Year Action Plan will help meet the need, the Regional Affordable Housing Task Force’s work has clearly pointed to a need for significant new resources if the region is to meet the goal of reducing the number of cost-burdened households at 80% of AMI and below, with a particular focus on the distinct needs of households who earn at or below 50% AMI. On average in the last five years, roughly $384 million a year is invested in affordable housing in King County from Federal, State and Local sources: 3 “Low-income” is defined as a person or family earning at or below 80% of AMI ($82,700 for a family of four or $57,900 for an individual). AGENDA ITEM #4. b) 5 Updated: October 2, 2018 Current Investments Annual averaged based on 2012-2017 Annual Amount Federal 9% LIHTC $61,500,000 4% LIHTC $163,500,000 Subtotal $225,000,000 State Housing Trust Fund $12,000,000 Subtotal $12,000,000 King County Lodging Tax $7,500,000 Document Recording Fee $2,300,000 VSHSL Property Tax $2,500,000 MIDD Sales Tax $2,000,000 HOME Funds $2,000,000 Subtotal $16,300,000 Cities Seattle $49,000,000 ARCH $4,700,000 Subtotal $53,700,000 Private Fundraising $19,000,000 Debt Financing $58,000,000 Subtotal $77,000,000 ANNUAL TOTAL $384,000,000 In recent years, the cost to preserve or build affordable housing has increased, just like the cost of all housing types. That means that public dollars have been able to purchase fewer units over time and that going forward it is reasonable to assume that affordable units will cost, on average, $350,000 to preserve or build. In this context, the Regional Affordable Housing Task Force has set the goal of building or preserving XX,XXX units of affordable housing to serve people earning less than 50% AMI over the next five years. AGENDA ITEM #4. b) 6 Updated: October 2, 2018 Table 1 – Task Force Options Units over next 5 years Option 1 Continue current production rate* 12,500 Option 2 Double current production rate 25,000 Option 3 Assume annual production of 1/20 of total need 44,000 * On average, the region has produced 2,500 units per year over the last five years. Achieving this production goal will require the region to employ all the tools it has available, including land use and zoning changes. It is also important to note that not all of the funding for those units must or will be raised locally. The Federal government will and should play a significant role in funding affordable housing, primarily through the Low Income Housing Tax Credit Program (LIHTC). Assuming that the Federal government continues to make contributions on a par with the last five years, 58% of the need will be met with Federal resources. Strategy A: The ongoing structure for regional collaboration will work with cities and the County to identify and prioritize new resources to build or preserve XX,XXX units in the next five years and track progress toward the production goal. Throughout the Task Force process, Task Force members, Standing Advisory Committee members and members of the public cited the need to expand the types of funding available to fund affordable housing, particularly given the regressive nature of Washington State’s tax code. Examples of more progressive funding sources include a capital gains tax and an income tax. Action Plan: Cities and the County should identify and adopt revenue sources available to them sufficient to support the local share of funding XX,XXX units over five years Cities and the County should collectively advocate to maintain and increase Federal resources directed toward affordable housing in King County, which might include increasing expanding the 9% LIHTC or maximizing the bonding capacity of the 4% LIHTC Cities and the County should collectively advocate for increased State resources to support affordable housing in King County, which might include increasing contributions to the Housing Trust Fund, a sales tax credit, or allowing cities to collect up to a 0.25% Real Estate Excise Tax Cities and the County should explore unused authority to raise revenue to support the goal of building or preserving XX,XXX units over five years. Unused authority might include a countywide property tax, a countywide sales tax, free or discounted publicly owned land AGENDA ITEM #4. b) 7 Updated: October 2, 2018 Cities and the County should work with business and philanthropy to increase and effectively leverage private investments in affordable housing Cities and the County should pursue strategies to reduce the cost of developing affordable units, which might include the reduction or elimination of impact or connection fees, or a sales tax fee exemption on affordable developments The regional governance structure will monitor County and city progress toward raising funds necessary to produce XX,XXX units in the next five years Strategy B: Make available at no cost, at deep discount, or for long term lease, under-utilized property from State, County, cities, and non-profit/faith communities Action Plan: State, County, and cities to expand coordination to identify, acquire and develop property for affordable housing. Track and report progress on REDI fund and Home & Hope. Jurisdictions identify one or more parcels in their boundaries to prioritize for affordable housing (for-profit or non-profit, new or preserved) County to develop policies for the sale of County-owned property at reduced or no cost when used for affordable housing, which may be used as a model ordinance by cities Strategy C: Develop a short-term acquisition loan fund to enable rapid response to preserve affordable housing developments when they are put on the market for sale Action Plan: Cities and county identify entity to inventory all large (50+ unit) privately owned affordable multifamily properties at risk of redevelopment or rapid rent escalation Measure and monitor progress in preserving privately owned affordable housing through nonprofit acquisition or other means Partner with existing efforts and organizations and support additional funding to fill gaps in current preservation efforts Dedicate a portion of new funding streams to this strategy GOAL 3: Prioritize affordability accessible within a half mile walkshed of existing and planned frequent transit service, with a particular priority for high-capacity transit stations Progress in meeting this goal will be measured, using the following regionwide metrics4:5 4 PSRC anticipates that more than 50% of housing growth will occur in TOD. 5 Background: Between 2010-2015: • 20% of population growth occurred in station areas • 45% of population in station areas are people of color v. 34% in the region • 1/3 of housing permits issued were in station areas AGENDA ITEM #4. b) 8 Updated: October 2, 2018 25% of existing housing remains affordable at 80% AMI and below 50% of new housing is affordable at 80% AMI and below 80% of available public land suitable for housing is prioritized for housing affordable at or below 50% AMI. The region’s continuing expansion of high capacity transit, including light rail and bus rapid transit, provide one of the best opportunities to expand housing options available to a wide range of incomes. Such housing will be particularly valuable to low-income households, who are the most dependent on transit and yet often the least able to benefit from these neighborhood amenities due to increasing costs nearby. This recommendation recognizes that the region must promote or require affordable housing near high-capacity transit stations and along transit corridors, as well as in regional growth centers. Additionally, an emphasis should be placed on developing and preserving units that meets the needs of the lowest income households, including families and a balanced mix of unit sizes (studio through three-bedroom units). Strategy A: Implement comprehensive inclusionary/incentive housing policies all existing and planned frequent transit service to achieve the deepest affordability possible through land use incentives to be identified by local jurisdictions, which may include: a. Increased density b. Reduced parking requirements c. Reduced permit fees d. Exempted impact fees e. Multi-family property tax exemptions f. Programmatic EIS Action Plan: County or governance organization to provide technical assistance in designing inclusionary/incentive housing programs County or governance organization to provide website of example ordinances All parties propose and apply for State planning dollars Evaluate and update zoning in transit areas in advance of transit infrastructure investments Evaluate the impact of development fee reductions in transit areas and implement reductions if positive impact Regularly measure implementation against goal Strategy B: Maximize resources available for Transit Oriented Development in the near term • 34,000 homes were added in station areas • Currently, approximately 25% of housing in station areas is affordable at less than 80% AMI (19% in SEA, 4% in EKC, 80% in SKC) AGENDA ITEM #4. b) 9 Updated: October 2, 2018 Action Plan: King County to consider bonding against future Lodging Tax revenues for Transit Oriented Development and use a portion of the funds to incentivize cities to support more affordable housing in their jurisdictions King County to evaluate potential for the current Transfer of Development Rights program, which preserves rural and resource lands, to incentivize affordability outcomes if a receiving site is within a transit walkshed, among other places Strategy C: Create and implement regional land acquisition and development strategy Action Plan: Identify priority “pipeline” of property for acquisition and development Adopt and implement property value discount legislation/guidance as needed, including updated valuation guidance Fund land acquisition, aligned with Goal 2, Strategy B Adopt increased zoning to maximize affordable housing on acquired parcels Identity entity to purchase and hold land prior to construction Fund capital construction and preservation, including private sector investments GOAL 4: PRESERVE ACCESS TO AFFORDABLE HOMES FOR RENTERS BY SUPPORTING TENANT PROTECTIONS TO INCREASE HOUSING STABILITY AND REDUCE RISK OF HOMELESSNESS. In 2017, approximately 4,000 renters were evicted from their housing. Evictions create barriers to future housing for those households, increase risk of homelessness, and are costly and time- consuming for property owners and tenants. In addition, particularly at a time of low vacancies, tenants have few opportunities to quickly secure housing stability when their incomes can’t keep up with rising rents. The region should support a comprehensive approach for increasing education, support and eviction prevention to increase stability for renters and predictability for property owners. Strategy A: Propose and support legislation and statewide policies related to tenant protection to ease implementation and provide consistency for landlords a. Just Cause Eviction b. Notice of rent increase c. Increase protections for renters facing relocation or displacement d. Expand eviction prevention, relocation and other services and assistance e. Prohibit discrimination in housing against tenants and potential tenants with arrest records, conviction records, or criminal history Action Plan: Support the development and adoption of statewide legislation and policy related to tenant protections AGENDA ITEM #4. b) 10 Updated: October 2, 2018 County or governance organization to review proposed statewide policies and legislation Strategy B: Strive to more widely adopt model, expanded tenant protection ordinances countywide and provide implementation support for: a. Source of Income discrimination protection b. Just Cause Eviction c. Notice of rent increase d. Tenant relocation assistance e. Rental inspection programs f. Prohibiting discrimination in housing against tenants and potential tenants with arrest records, conviction records, or criminal history Action Plan: County or governance organization to provide model ordinances County or governance organization to pursue a signed ILA for enforcement support County or governance organization to identify resources to conduct work County or governance organization to increase education for tenants and property owners regarding their respective rights and responsibilities Cities and County to adopt Strategy BC: Expand supports for low-income renters and people with disabilities Action Plan: Utilize funds from the Veterans, Seniors and Human Services Levy for shallow rent subsidies to help keep people in their homes Increase funding for emergency rental assistance Increase deep subsidies (in addition to shallow) Fund services to address barriers to housing, including tenant screening reports Expand civil legal aid support Expand education of tenant and property owner rights and responsibilities Increase funding for services that help people with disabilities stay in their homes and/or age in place Strategy D: Adopt programs and policies to improve the quality of housing in conjunction with necessary tenant protections Action Plan: Adopt and implement proactive rental inspection policies AGENDA ITEM #4. b) 11 Updated: October 2, 2018 Implement robust, proactive code enforcement programs, in partnership with marginalized communities to avoid inequitable impacts Invest in community health workers to promote healthy housing education and housing maintenance for highest risk of adverse health outcomes Partner with Aging & Disability organizations to integrate accessibility services GOAL 5: PROTECT EXISTING COMMUNITIES OF COLOR AND LOW-INCOME COMMUNITIES FROM DISPLACEMENT IN GENTRIFYING COMMUNITIES. Communities throughout the region are experiencing dramatically increasing housing costs and a growing demand for housing especially, but not exclusively, within urban areas. This places communities with a high population of low-income renters and people of color at an increasing risk of displacement, further compounding the historic injustice of exclusion these communities have experienced as a result of laws and policies on the local and federal level. The same communities that were once limited by law to living in specific geographic areas are now being pushed out of those areas when the neighborhood is gentrified and becomes more desirable to higher-income households. The region should support community-led preservation strategies that enable existing residents to remain in their communities and allow them to benefit from the opportunities of growth of redevelopment. Strategy A: Authentically engage communities of color and low-income communities in affordable housing development and policy decisions Action Plan: County or governance organization to provide capacity grants to small organizations representing communities of color or low-income communities to support their engagement in affordable housing development County or governance organization to contract for a toolkit/checklist on community engagement in planning discussions All jurisdictions to utilize the toolkit and intentionally include and solicit engagement from members of communities of color or low-income households in policy decision- making and committees Strategy B: Increase investments in communities of color and low-income communities by developing programs and policies that serve individuals and families at risk of displacement Action Plan: Use Seattle's Equitable Development Initiative as a model for how government can invest in under-represented communities to promote community-driven development Build upon the work of the Communities of Opportunity6 6 Communities of Opportunity, a King County and Seattle Foundation partnership, is an inclusive table where community members and leaders, organizations, and institutions share power, voice, and resources. COO has four AGENDA ITEM #4. b) 12 Updated: October 2, 2018 Include cities, investors, and community-based organizations in development of certification process and matching dollars for socially responsible, equitable Opportunity Zone7 investments that prevent displacement Cities and County to expand requirements to affirmatively market housing programs and enhance work to align affordable housing strategies with federal requirements to Affirmatively Further Fair Housing Encourage homeownership opportunities as a way to prevent displacement within communities of color while also promoting the growth of intergenerational wealth Where appropriate, acquire and preserve manufactured housing communities to prevent displacement GOAL 6: PROMOTE GREATER HOUSING GROWTH AND DIVERSITy TO ACHIEVE A VARIETY OF HOUSING TYPES AT A RANGE OF AFFORDABILITY AND IMPROVE JOBS/HOUSING CONNECTIONS THROUGHOUT KING COUNTY. From 2011 through 2017, more than 96,200 new households came into King County, but only 64,600 new units were built. Despite a building boom, the private market is not keeping pace with population growth in recent years, which contributes to rapid increases in home purchase costs and rents, as well as low vacancy rates. In addition, much of the new production is at the high end of the market and does not meet the needs of all household types. The region should adopt policies that streamline regulations and provide greater zoning flexibility in order to increase and diversify market-rate housing production to better keep pace with population growth. In addition, greater land use and regulatory support is needed to address the needs of older adults, larger households, and people with disabilities. Cities should intentionally plan for and promote affordable housing in the same locations where they are accommodating future growth and density. Strategy A: Update zoning and land use regulations (including in single-family low-rise zones) to increase and diversify housing choices, including but not limited to: a. Accessory Dwelling Units (ADU) and Detached Accessory Dwelling Units (DADUs) b. Duplex, Triplex, Four-plex c. Zero lot line town homes, row houses, and stacked flats d. Micro/efficiency units priority areas: quality affordable housing; providing healthy, affordable food and safe places outside to be physically active, especially for youth; increased economic opportunity; and strong community connections. The County portion of COO is funded with 10% of the Best Starts for Kids Levy proceeds. 7 Opportunity Zones are a community development program established by Congress in the Tax Cuts and Jobs Act of 2017 to encourage long-term investments in low-income urban and rural communities nationwide. A low- income community is one with a poverty rate of at least 20% and low-income is a household earning up to 80% AMI. King County Opportunity Zones can be found on the state Department of Commerce website (commerce.wa.gov). AGENDA ITEM #4. b) 13 Updated: October 2, 2018 Action Plan: County or governance organization to provide model ordinances County or governance organization to incentivize cities adopting and implementing strategies that will result in the highest impact towards addressing the affordable housing gap, specifically at the lowest income levels Cities to review and update zoning and land use code to increase density Explore opportunities to pilot innovative housing in industrial zones, with a focus on TOD and industrial buffer zones Update building codes to promote more housing growth and innovative, low-cost development As part of any updated zoning, evaluate feasibility of incorporating affordable housing provisions Promote units that accommodate large households and/or multiple bedrooms Strategy B: Decrease costs to build and operate housing affordable to low-income households Action Plan: Maximize and expand use of Multi-Family Tax Exemption County to reduce sewer connection fees Cities to reduce fees for ADUs, other Jurisdictions to streamline permitting process for affordable housing development Support condominium liability reform State legislature to exempt affordable housing from sales tax Strategy C: Incentivize growth and affordability goals by expanding tools for investments in local infrastructure. Action Plan: Advocate for a strong, equitable financing tool that captures value from development to fund infrastructure and affordable housing investments (aka: value-capture or tax- increment financing tools) Advocate for state public works trust fund investments—connect to local affordable housing outcomes Strategy D: Expand and preserve homeownership opportunities for low-income households Action Plan: Increase educational efforts to ensure maximum use of property tax relief programs to help sustain homeownership for low-income individuals Support alternative homeownership models that lower barriers to ownership and provide long-term affordability, such as community land trusts, co-ops, and rent to own models AGENDA ITEM #4. b) 14 Updated: October 2, 2018 Expand targeted foreclosure prevention Where appropriate, preserve existing manufactured housing communities through use- specific zoning or transfer of development rights GOAL 7: BETTER ENGAGE LOCAL COMMUNITIES AND OTHER PARTNERS IN ADDRESSING THE URGENT NEED FOR AND BENEFITS OF AFFORDABLE HOUSING. Most decisions regarding land use and planning for affordable housing happen at the city and neighborhood level. Therefore, the region should better support engagement of local communities and city governments to create informed communities and implement strategies to meet the full range of housing needs. This includes using new, creative strategies to better engage residents around the benefits of having affordable housing in all parts of the county and in their neighborhoods. It also includes providing greater transparency and accountability on actions taken and results delivered. Given the significant countywide need for affordable housing, the region needs more urgent and scalable action to be taken at the neighborhood, city, and regional level. Strategy A: Support engagement of local communities and residents in planning efforts to achieve more affordable housing Action Plan: County or governance organization to develop toolkits and strategies to better engage neighborhoods and residents in affordable housing development Use existing data and tools to greatest extent possible, i.e. PSRC Vision 2050 work Jurisdictions use community engagement techniques, which may include providing evening meetings, translation services, food, and child care, or travel stipends for low- income individuals and historically marginalized communities to participate, that promote more equitable engagement in zoning and siting decisions Strategy B: Expand engagement of non-governmental partners (philanthropy, employers, investors, private developers and faith communities) to support efforts to build and site more affordable housing Action Plan: Create stakeholder partnerships with business, philanthropy, non-profits, faith-based organizations, the health care sector, and others to encourage investments in affordable housing Encourage business, organized labor, and philanthropy to support public dialogue on affordable housing AGENDA ITEM #4. b)