HomeMy WebLinkAbout01-30-2017 STUDY SESSION AGNEDA PACKETCity Council Study Session
January 30, 2017 - 5:30 PM
Auburn City Hall
AGENDA
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I. CALL TO ORDER
A. Roll Call
II. ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
III. AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Human Services Workshop* (Hinman)
An overview of the City's Human Services activities.
B. Resolution No. 5279* (Hinman)
A Resolution of the City Council of the City of Auburn, Washington, temporarily
reducing Building, Planning and Engineering related fees and temporarily
reducing Park Impact Fees (PIF) for the period from the effective date of this
Resolution through December 31, 2017, for development projects on certain real
property described herein for which completed applications have been submitted
C. Income and Voucher Discrimination and Safety for Diverse Communities
IV. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are
available for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Human Services Workshop
Date:
January 25, 2017
Department:
Administration
Attachments:
17-18 Human Services Funding
17-18 Share1App COA Supplemental
Source of Income Discrimination
Kent SOID
Renton SOID
Tenant Protection Issues
SOID other cities
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Overview and discussion of the City's Human Services activities, including general
fund Human Services priorities and funding, Community Services, Human Services
Committee, source of income discrimination endeavors throughout the region and
collaboration with regional housing partnerships.
Reviewed by Council Committees:
Councilmember: Staff:Hinman
Meeting Date:January 30, 2017 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 2 of 55
Agency/Program Recommendation
1. Apprenticeship & Non-traditional Employment for Women (ANEW) $5,000
2. Auburn Pregnancy Aid $5,500
3. Auburn Respite $10,000
4. Auburn Youth Resources: Drop-In $30,000
5. Birth to Three Developmental Center $15,000
6. Catholic Community Services: Emergency Assistance $10,000
7. Catholic Community Services: HOME $16,500
8. Catholic Community Services: Katherine's House & Rita's House $5,500
9. Catholic Community Services: CHORE Services $6,000
10. Child Care Resources: Child Care Consumer Education & Provider Quality Improvement $5,000
11. Children's Home Society: Auburn Family Resource Center $15,000
12. Children's Therapy Center: Special Needs $10,800
13. Christ Community Free Clinic $15,000
14. Communities in Schools: Students in Need $8,000
15. Consejo Counseling & Referral Service: DV Community Advocacy Program $10,000
16. Courage360: Employment Services Continuum $5,000
17. Crisis Clinic: Crisis Line $1,000
18. Crisis Clinic: King County 2-1-1 $5,000
19. Crisis Clinic: TeenLink $2,500
20. DAWN: Community Advocacy Program (CAP) $3,000
21. DAWN: Housing $10,000
22. DAWN: Prevention $5,000
23. Eastside Legal Assistance Program: Legal Services $5,000
24. International Community Health Services: Dental $5,000
25. King County Bar Association: Pro Bono Services $2,000
26. King County Sexual Assault Resource Center: Comprehensive Sexual Assault Services $22,500
27. Multi-Service Center: Shelter & Transitional Housing $8,000
28. Orion: Employment Services $20,000
29. Pediatric Interim Care Center: Interim Care of Drug-Exposed Infants $12,000
30. Seattle-King County Dept. of Public Health: SKC Mobile Medical Program $12,000
31. Sound Generations: Meals on Wheels $7,000
32. Sound Generations: Volunteer Transportation $5,000
33. Sound Mental Health: Child & Family Community Services $10,000
34. Sound Mental Health: Low Income Counseling $10,000
35. Sound Mental Health: PATH Homeless Outreach $7,500
36. South King Council of Human Services: Capacity Building $7,000
37. South King County St. Vincent de Paul Stores: Emergency Services $15,000
38. St. Stephen Housing Association: $10,000
39. The Auburn Food Bank $35,000
40. Treehouse: Graduation Success $5,000
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41. Ukrainian Community Center of Washington: Refugee Assistance $7,500
42. Ukrainian Community Center of Washington: Crisis Family Intervention Program $5,000
43. YWCA Seattle-King-Snohomish: Children's Domestic Violence $5,000
44. YWCA Seattle-King-Snohomish: Domestic Violence $20,000
45. YWCA Seattle-King-Snohomish: Auburn Transitional Housing $14,000
46. YWCA Seattle-King-Snohomish: Emergency Housing $4,000
TOTAL 2017-2018 RECOMMENDATIONS $452,300
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City of Auburn
Community Services Division
Dana Hinman, Director of Administration
25 West Main Street
Auburn, WA 98001
Erica Azcueta, Human Services Coordinator
(253) 876–1965 eazcueta@auburnwa.gov
Emily Pearson, Community Services Assistant
(253) 931-3096 epearson@auburnwa.gov
YEARS COVERED BY THIS APPLICATION PROCESS
Calendar years 2017 and 2018.
APPROXIMATE FUNDING AVAILABLE
Cities may want to refer to past/current funding levels and expectations of changes to those levels. If you are a
CDBG entitlement city, include that funding amount information here as well.
In 2015-2016 Auburn allocated approximately $550,000/year (including $60,000 of CDBG). The
City does not anticipate a significant increase in available General Fund dollars for 2017-2018.
APPLICATION ASSISTANCE
Provide primary (and secondary if you have it) staff contact information and specify if staff have a preferred means of
contact (e.g. email or phone).
City of Auburn staff is available to help with any questions related to the City’s process and/or
answer questions you may have about the content of the application. Please submit your
questions, via email whenever possible, to Erica Azcueta at eazcueta@auburnwa.gov or Emily
Pearson at epearson@auburnwa.gov; if a phone call is necessary, please call (253) 931–3096.
APPLICATION REVIEW PROCESS
Provide the general process and any key milestones for application review, funding decisions, and agency
notifications.
Applications will be reviewed by the Auburn Human Services Committee, a 7-member volunteer
board appointed by the Mayor and approved by the City Council. Committee recommendations
are expected by September with consideration by City Council planned for October. Final
allocation amounts will be approved and adopted as part of the overall City budget. City of
Auburn staff will notify agencies of final allocations following City Council approval, which is
expected by late November. Awarded funds will be available January 1, 2017, which is the start
of the fiscal and program year.
FUNDING CRITERIA
Provide eligibility criteria and information about grant amounts to request, funding priorities, and/or scoring here.
In order to be considered for funding, agencies must:
1. Meet minimum insurance requirements:
a. Maintain/provide general liability insurance with a minimum limit of $1,000,000
combined single limit per occurrence by bodily injury, personal injury, and property
damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit
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b. In the event that the contracted services involve or require professional services
provide professional liability insurance in the minimum amount of $1,000,000 per
claim and in the aggregate
2. Be willing and able to accept reimbursement for funds.
3. Regularly track and submit required reports regarding services and demographics.
In general, the City Auburn recognizes the need to support agencies that meet basic human
service needs and welcomes applications from agencies that provide such services to Auburn
residents. Those programs best able to demonstrate solid outcomes for participants will be
viewed most favorably. In addition, the committee will use elements of the City of Auburn
Comprehensive Plan to guide its funding decisions.
APPLICATION SUBMITTAL INFORMATION
Deadline
All applications are due on Thursday, 4/7/16 by 4:30 PM, Pacific Time and must be submitted
online through share1app.culturegrants.org. Late applications will not be accepted.
DI.A Page 6 of 55
Source of Income Discrimination Protection (SOID)
Description In a competitive housing market, Section 8 voucher holders and people whose primary income comes from public assistance often face discrimination in the private market, making it difficult for them to access housing. Source of Income Discrimination (SOID) disproportionately affects African Americans, who make up the majority of Section 8 voucher recipients in Washington State, as well as people with disabilities, veterans, and elderly people. Under the Fair Housing Act and the Washington Law Against Discrimination, it is already illegal for landlords to discriminate based on gender, race, ethnicity, religion, familial status and other characteristics. Local and state legislation to prevent discrimination based on source of income can decrease barriers to accessing housing.
Benefits This policy ensures that people already facing high barriers to housing are not discriminated against and have access to available housing that they can afford. A 2001 study showed that Section 8 voucher holders experience higher success rates in areas with SOID Protection legislation in place.39F 1 Without SOID protection, many public benefit programs cannot achieve their goals of stabilizing individuals and preventing homelessness. Agencies that work with Section 8 voucher holders in South King County report an increase in difficulty for their clients finding housing in the tight rental market of 2016. Recently in Renton, at least 65 families, many of whom were long-time renters in their units, received notice that their apartment complexes would no longer accept vouchers from any tenants, and the families would need to move out2. The difficulty of locating permanent housing even for individuals and families who have both a voucher and money available for move in expenses can put a strain on local shelter systems that are already at capacity 3.
Considerations for Implementation This policy is relatively easy to enact from a technical perspective. However, the policy will likely face political opposition from the property owner and management community. When implementing, it is important to consider how that ordinance will be enforced and what consequences landlords may face if they violate the ordinance. Advocates in Washington State have been working for many years to pass SOID legislation at the state level.
1 Meryl Finkel and Larry Buron, “Study on Section 8 Voucher Success Rates: Volume I Quantitative Study of Success Rates In
Metropolitan Areas,” Abt Asosications, Cambridge, MA, 2001, http://www.huduser.gov/publications/pdf/sec8success.pdf.
2 http://www.seattletimes.com/seattle-news/we-are-very-disturbed-low-income-renters-losing-affordable-
housing-in-renton/
3 http://kuow.org/post/seattle-shelters-are-so-crowded-some-people-sleep-chairs
Tool Highlights
Expands anti-discrimination
laws
Increases access to housing for
vulnerable and very low
income residents
Increases success of public
benefit programs
Target Population: 50% AMI &
Below
DI.A Page 7 of 55
Application:
Redmond: After one of Redmond’s large property owners, a national company called Archstone, terminated tenancies of all their Section 8 voucher holders throughout the country, the Tenants Union and the Northwest Justice Project started organizing to fight for the tenants who lost housing. Archstone responded to the public pressure and reinstated the residents, however only three of the residents returned to Archstone housing, one after temporarily being homeless. After this incident, Redmond City Council recognized the importance of protecting residents in their city against source of income discrimination. In February 2012, Redmond City Council went on to pass Ordinance 2645 which bans discrimination against Section 8 voucher holders.
Enacted Ordinances (see city municipal codes for full ordinance text)
Redmond (Ordinance 2645): “No personal shall refuse to rent a dwelling unit to any rental applicant solely on the basis that the applicant proposes to rent such unit pursuant to a Section 8 voucher or certificate issued under the Housing and Community Development Act of 1974 (42 USC 1437(F)); provided this section shall only apply with respect to a Section 8 certificate if the monthly rent on such residential unit is within the allowable rent as established by the Department of Housing and Urban Development.”
Seattle (Ordinance 125114): “…it is illegal in The City of Seattle to discriminate against any person because of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, honorably discharged veteran or military status, participation in a section 8 or other subsidy program, alternative source of income, the presence of any disability, or the use of a trained dog guide or service animal by a disabled person.” “…“Alternative source of income” means lawful, verifiable income derived from sources other than ways, salaries, or other compensation for employment. It includes but is not limited to monies derived from Social Security benefits, supplemental security income, unemployment benefits, other retirement programs, child support, the Aged, Blind or Disabled Cash Assistance Program, Refugee Cash Assistance, and any federal, state, local government, private, or nonprofit-administered benefit program.”
Vancouver (VMC 8.45): “No person shall refuse to rent a dwelling unit to any rental applicant on the basis that the applicant proposes to rent such unit with a “source of income” as defined in this Chapter.”…““Source of income" includes income derived from social security, supplemental security income, other retirement programs, and any federal, state, local, or nonprofit-administered benefit or subsidy programs, including housing assistance, public assistance, and general assistance programs. "Source of income" does not include income derived in an illegal manner.”
Resources
• Galvez, Martha. What do We Know About Housing Choice Voucher Program Location Outcomes: A Review of Recent Literature. What Works Collaborative. Aug. 2010.
• Finkel, Meryl, and Larry Buron. “Study on Section 8 Voucher Success Rates: Volume I Quantitative Study of Success Rates In Metropolitan Areas.” Cambridge, MA: 2001.
• Poverty & Race Research Action Council. Expanding Choice: Practical Strategies for Building a Successful Housing Mobility Program, APPENDIX B: State, Local, and Federal Laws Barring Source-of-Income Discrimination. Updated March 2015.
• Washington Low Income Housing Alliance. “Provide Choice & Mobility for Renters: Outlaw Discrimination.” Jan. 23, 2015.
• Tenants Union of Washington State. “Source of Income Discrimination.” Accessed Sept. 9, 2015
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CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5826
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE VI
POLICE REGULATIONS) OF THE RENTON MUNICIPAL CODE, BY ADOPTING A
NEW CHAPTER 6-32, ENTITLED FAIR HOUSING REGULATIONS, TEMPORARILY
PROHIBITING PROPERTY OWNERS AND PROPERTY MANAGERS FROM
DISCRIMINATING AGAINST TENANTS OR POTENTIAL TENANTS ON THE BASIS OF
PARTICIPATION iN A SECTION 8 HOUSING CHOICE PROGRAM, ESTABLISHING
PENALTIES AND AN APPEAL PROCESS, AND DECLARING AN EMERGENCY AND
IMMEDIATE NEED FOR THIS ORDINANCE TO TAKE EFFECT UPON PASSAGE.
WHEREAS, a significant number of people are not able to secure adequate rental housing
without financial assistance, such as that provided pursuant to a Section 8 housing choice
voucher or certificate issued under the Housing and Community Development Act of 1974 (42
USC 1437f) ("Act"); and
WHEREAS, there are limited quantities of dwelling units available for rent to those using
government assistance and the number of available units is decreasing as rents increase and
landlords are increasingly discriminating against and refusing to rent to those receiving
government assistance; and
WHEREAS, people receiving government assistance for housing are among Renton's most
vulnerable population; and
WHEREAS, when families lose their homes as a result of income source based
discrimination, they lack funds to move, risk being unable to find replacement housing close to
their workplace, risk becoming homeless, and their children risk disruption to their education and
social development by being forced to move away from their friends and schools in the middle
of the school year; and
1DI.A Page 17 of 55
ORDINANCE N0. 5826
WHEREAS, it is essential to assure that housing is available to persons who need financial
assistance to secure decent housing; and
WHEREAS, there is currently state legislation planned to be introduced in the 2017
legislative session that would, if passed, help to address income source discrimination; and
WHEREAS, with winter approaching, children in the middle of their school year, and an
alarming increase in the number of landlords refusing to accept Section 8 housing choice
vouchers, it is necessary and appropriate to take immediate action to prohibit landlords from
discriminating solely on the basis of a tenant or potential tenant's source of income; and
WHEREAS, participation by landlords in government assistance housing programs is not
burdensome and provides a reliable steady source of income; and
WHEREAS, the Washington State Department of Commerce operates a landlord
mitigation program that provides financial resources to landlords in order to mitigate damages
that may be caused by tenants in the Section 8 housing choice voucher program; however, such
resources are only available to landlords in jurisdictions that pass ordinances that prohibit income
source discrimination; and
WHEREAS, the City Council intends to continue to monitor state legislation and further
examine alternative and additional opportunities to partner with other agencies and landlords to
protect our vulnerable populations from discrimination and provide an adequate supply of
affordable housing in a way that respects the interests of all involved parties; and
WHEREAS,the City Council needs time for it and the City administration to fully study the
issue and include all stakeholders, including landlords of all housing types, before adopting final
legislation; and
2DI.A Page 18 of 55
ORDINANCE N0. 5826
WHEREAS, unmitigated risks posed by income source discrimination constitute a public
emergency, and it is necessary for immediate preservation of public peace, health, and safety to
impose a temporary prohibition on income source discrimination;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Title VI (Police Regulations) of the Renton Municipal Code, is amended to
adopt a new Chapter 6-32, Fair Housing Regulations, to read as follows:
CHAPTER 32
FAIR HOUSING REGULATIONS
SECTION:
6-32-1: Income Source Discrimination Prohibited
6-32-2: Applicability To Housing Choice Vouchers and Certificates
6-32-3: Exceptions
6-32-4: Penalties
6-32-5: Appeals
6-32-6: Civil Remedy
6-32-1 INCOME SOURCE DISCRIMINATION PROHIBITED:
Property owners, property managers, landlords, and their agents, who rent or
lease dwelling units shall not refuse to rent or lease a dwelling unit to any tenant
or potential tenant or otherwise discriminate or retaliate against such person
solely on the basis that the person proposes to pay a portion of the rent using a
Section 8 housing choice voucher or certificate issued under the Housing and
3DI.A Page 19 of 55
ORDINANCE N0. 5826
Community Development Act of 1974 (42 U.S.C. 1437f). "Dwelling unit"shall have
the meaning set forth in RMC 4-11-040.
This Section shall only be effective through August 1, 2017.
6-32-2 APPLICABILITY TO HOUSING CHOICE VOUCHERS AND CERTIFICATES:
The prohibition in RMC Section 6-32-1 does not apply with respect to the use of a
Section 8 housing choice voucher or certificate if the dwelling unit does not qualify
for participation in such program according to applicable public housing authority
guidelines. This may include disqualification due to monthly lease amounts or
other lease terms. However, refusal to allow a health and safety inspection of the
property by the public housing authority shall not serve as a basis for denying the
use of a Section 8 voucher or certificate. Any property owner or manager that
refuses to rent a dwelling unit to a person based upon the proposed use of a
Section 8 housing choice voucher or certificate shall notify such person in writing
of the reasons why the dwelling unit is ineligible for participation in the Section 8
housing choice voucher or certificate program. The written notice shall specify
the specific condition of the property or lease terms that disqualify the dwelling
unit from participation in the Section 8 housing choice or certificate program.
Such condition or terms are not a defense to the application of RMC 6-32-1 if the
dwelling unit is offered to others with terms and conditions that would make the
dwelling unit eligible for the Section 8 program.
6-32-3 EXCEPTIONS:
Nothing in this chapter shall:
4DI.A Page 20 of 55
ORDINANCE NO. 5826
A. Apply to the renting, subrenting, leasing, or subleasing a portion of a
single-family dwelling,wherein the owner or person entitled to possession thereof
maintains a permanent residence, home or abode therein;
B. Prohibit a religious organization, association, or society, or any nonprofit
institution or organization operated, supervised or controlled by or in conjunction
with a religious organization, association, or society, from limiting the rental or
occupancy of dwellings which it owns or operates for other than a commercial
purpose to persons of the same religion, or from giving preference to such
persons, unless membership in such religion is restricted on the basis of race,
color, national origin or other illegal discriminatory basis;
C. Be construed to prohibit treating people with disabilities more favorably
than people who do not have disabilities; or
D. Be construed to protect criminal conduct.
6-32-4 PENALTIES:
A. A violation of this Chapter is punishable by an order imposing a civil penalty
in the amount of one thousand dollars ($1,000).A second violation of this Chapter
by the same person within a two (2) year period is punishable by a civil penalty in
the amount of two thousand five hundred dollars ($2,500). Any order imposing a
civil penalty pursuant to this section shall summarize the factual and legal basis
for the violation and notify the recipient of the right to appeal the fine pursuant
to RMC Section 6-32-5.
5DI.A Page 21 of 55
ORDINANCE N0. 5826
B. A third violation of this Chapter by the same person within a three (3) year
period is be punishable as a gross misdemeanor with a jail sentence of up to three
hundred sixty-four (364) days and up to a five thousand dollar ($5,000) fine, plus
restitution.
6-32-5 APPEALS:
A. Any person ordered to pay a civil penalty pursuant to RMC Section 6-32-4
may appeal the penalty by filing with the City Clerk a written appeal setting forth
the legal and factual basis for the appeal and identifying the City order in which
the penalty is assessed. Such identification may be done by referencing a City
tracking number that was included on the order and/or providing a copy of the
order with the appeal. To be considered, the appeal must be received and date
stamped by the City Clerk's office no later than fourteen (14) days after the fine
was issued. The City Clerk will forward all timely appeals to the Community and
Economic Development Administrator, or designee.
B. The Administrator, or designee, will review the appeal and either affirm or
repeal the order imposing the civil penatty based upon written findings and fact
and conclusions of law. The Administrator, or designee, may reduce the amount
of the civil penalty upon a finding that the violation did not occur in bad faith and
any known victims of the violation have been fully compensated for damages
suffered as a result of the violation. The Administrator, or designee, may request
additional information necessary to make the decision and/or choose to hold an
informal hearing to solicit evidence.
6DI.A Page 22 of 55
ORDINANCE NO. 5826
C. If the penalty is not repealed,the person who has been ordered to pay the
civit penalty may appeal the Administrator's decision to the Hearing Examiner
pursuant to the process in RMC 4-8-110.E. The City shall have the burden of proof
to establish the violation by a preponderance of the evidence. No appeal fee shall
be required.
6-32-6 CIVIL REMEDY:
Any person who has been damaged by a violation of RMC Section 6-32-1 may seek
to recover civil damages in a court of competent jurisdiction to the extent such
action is allowed by law.
SECTION II. Should any section or provision of this ordinance be declared by a court of
competent jurisdiction to be invalid,that decision shall not affect the validity of the ordinance as
a whole or any part thereof, other than the part so declared to be invalid.
SECTION III. This ordinance being passed by a unanimous City Council with a finding
urgency required by RCW 35A.11.090(2), and hereby being declared a public emergency
ordinance pursuant to RCW 35A.12.130, shall be in full force and effect immediately upon
passage. A summary of this ordinance, consisting of this ordinance's title, shall be published in
the City's official newspaper.
PASSED BY THE CITY COUNCIL this 7th day of November, 2016.
1... 'j-
dl
Jason A. Seth, City Clerk
7DI.A Page 23 of 55
ORDINANCE NO. 5826
APPROVED BY THE MAYOR this 7th day of November, 2016.
G i%.J
Denis Law, Mayor
Approved as to form:F
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REN',,TQ .,c,_. y .
i' S E A L -
Lawrence J. Warren, City Attorney s 7!' =
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Pp''uu u`°6
Date of Publication: 11/11/2016 (summary) AtED SEQ
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ORD:1949:11/7/16:scr
8DI.A Page 24 of 55
Tenant Protections IssuesSection 8 ISource of Income IMove‐In Fee Caps I Just Cause EvictionI Notice of Rent IncreaseDI.APage 25 of 55
Section 8 vouchersExpanding protected class protections to renters based on their use of Section 8 vouchers:Voucher holders screened to same criteria as all others; decision not based on voucherRHAWA concerns:Inspections issueSetting/increasing rents can be problematicRHAWA alternatives:Landlord Liaison ProjectLandlord mitigation fundStreamlining of Section 8 rental processDI.APage 26 of 55
Source of IncomeSeattle and Vancouver have enacted source of income protections:Social Security benefits, supplemental security income, unemployment benefits, other retirement programs, child support, any federal, state, local government, private or nonprofit‐administered benefit program.Tenant income qualifications based only on rent co‐payShort‐term vouchers included in protections (Seattle)RHAWA concerns:Increased evictionsIncreased screening criteria to mitigate riskDI.APage 27 of 55
Move‐In Fee CapsSeattle proposal which would:Cap move‐in fees at no more than one month’s rent (security deposit and non‐refundable fees combined)6‐month payment required at request of tenantRHAWA concerns:Greatly impacts small ownersTenant‐performance dis‐incentivizedLegal concernsRHAWA alternatives:Funding of deposit loans and damages mitigation fundsDI.APage 28 of 55
Just Cause EvictionSeattle ordinance which dictates how/when month‐to‐month tenancies may be terminatedCourts have upheld JCE does apply to term leasesRHAWA concerns:Drags out termination process; impacts other rentersCostly to landlordLess flexibility for tenantsDI.APage 29 of 55
Notice of rent increaseSeattle and Vancouver ordinances require additional notification of rent increase for increases of 10% or more (60 & 45 days, respectively):RHAWA concerns:State landlord‐tenant act governs, and requires only 30 days noticeLegal concerns: Rent control issueDI.APage 30 of 55
Questions?Sean Martin, RHAWA External Affairs Director206‐905‐0609smartin@rhawa.orgwww.rhawa.orgDI.APage 31 of 55
Kirkland:
Chapter 7.74
FAIR HOUSING REGULATIONS
Sections:
7.74.010 Refusal to rent based solely on Section 8 voucher or certificate
request prohibited.
7.74.020 Exceptions.
7.74.030 Enforcement.
7.74.010 Refusal to rent based solely on Section 8 voucher or certificate request
prohibited.
No person shall refuse to rent a dwelling unit to any rental applicant solely on the basis
that the applicant proposes to rent such unit pursuant to a Section 8 voucher or
certificate issued under the Housing and Community Development Act of 1974 (42
U.S.C. 1437f); provided, this section shall only apply with respect to a Section 8
certificate if the monthly rent on such residential unit is within the allowable rent as
established by the Department of Housing and Urban Development. “Dwelling unit” shall
have the meaning set forth in KZC 5.250. (Ord. 4384 § 2 (part), 2013)
7.74.020 Exceptions.
(a) Nothing in this chapter shall:
(1) Apply to the renting, subrenting, leasing, or subleasing of a portion of a
single-family dwelling, wherein the owner or person entitled to possession
thereof maintains a permanent residence, home or abode therein;
(2) Be interpreted to prohibit any person from making a choice among
prospective tenants on the basis of factors other than participation in a
Section 8 program;
DI.A Page 32 of 55
(3) Prohibit a religious organization, association, or society, or any
nonprofit institution or organization operated, supervised or controlled by or
in conjunction with a religious organization, association, or society, from
limiting the rental or occupancy of dwellings which it owns or operates for
other than a commercial purpose to persons of the same religion, or from
giving preference to such persons, unless membership in such religion is
restricted on the basis of race, color, national origin or other illegal
discriminatory basis;
(4) Be construed to prohibit treating people with disab ilities more favorably
than people who do not have disabilities;
(5) Be construed to protect criminal conduct; or
(6) Prohibit any person from limiting the rental or occupancy of a dwelling
based on the use of force or violent behavior by an occupant or prospective
occupant, including behavior intended to produce fear of imminent force or
violence against the person or property of the owner, manager, or other
agent of the owner. (Ord. 4384 § 2 (part), 2013)
7.74.030 Enforcement.
The prohibitions of this chapter shall be enforced using the processes provided in
Chapter 1.12. (Ord. 4384 § 2 (part), 2013)
DI.A Page 33 of 55
Redmond:
Chapter 6.38
REFUSAL TO RENT BASED SOLELY ON SECTION 8 VOUCHER OR CERTIFICATE
REQUEST PROHIBITED
Sections:
6.38.010 Purpose.
6.38.020 Prohibitions.
6.38.030 Exceptions.
6.38.010 Purpose.
(A) The Redmond council finds and declares that practices of housing discrimination
against any persons on the basis of participation in the Section 8 program constitute
matters of local concern and are contrary to the public welfare, health, peace and safety
of the residents of Redmond. (Ord. 2645 § 1 (part), 2012).
6.38.020 Prohibitions.
(A) No person shall refuse to rent a dwelling unit to any rental applicant solely on the
basis that the applicant proposes to rent such unit pursuant to a Section 8 voucher or
certificate issued under the Housing and Community Development Act of 1974 (42 USC
1437(F)); provided this section shall only apply with respect to a Section 8 certificate if
the monthly rent on such residential unit is within the allowable rent as established by
the Department of Housing and Urban Development. “Dwelling unit” shall have the
meaning set forth in RZC 21.78. (Ord. 2645 § 1 (part), 2012).
6.38.030 Exceptions.
(A) Nothing in this chapter shall:
(1) apply to the renting, sub-renting, leasing, or subleasing of a single-family
dwelling, wherein the owner or person entitled to possession thereof maintains a
permanent residence, home or abode;
(2) be interpreted to prohibit any person from making a choice among
prospective purchasers or tenants of real property on the basis of factors other
than participation in a Section 8 program;
(3) prohibit a religious organization, association, or society, or any nonprofit
institution or organization operated, supervised or controlled by or in conjunction
DI.A Page 34 of 55
with a religious organization, association, or society, from limiting the sale,
rental, or occupancy of dwellings which it owns or operates for other than a
commercial purpose to persons of the same religion, or from giving preference
to such persons, unless membership in such religion is restricted on the basis of
race, color, or national origin;
(4) be construed to prohibit treating disabled persons more favorably than
persons who are not disabled;
(5) be construed to protect criminal conduct; and
(6) prohibit any person from limiting the rental or occupancy of a dwelling based
on the use of force or violent behavior by an occupant or prospective occupant,
including behavior intended to produce or incite imminen t force or violence to the
person or property of the owner, manager, or other agent of the owner. (Ord.
2645 § 1 (part), 2012).
DI.A Page 35 of 55
Bellevue:
Chapter 9.20
FAIR HOUSING PRACTICES
Sections:
9.20.010 Declaration of policy.
9.20.020 Definitions.
9.20.030 Unfair housing practices prohibited – Generally.
9.20.040 Unfair housing practices designated.
9.20.041 Religious organization or private club exemption.
9.20.042 Housing for older persons – Exemption.
9.20.043 Reasonable accommodation.
9.20.045 Dwelling units – Refusal to rent based solely on Section 8 voucher
or certificate request prohibited.
9.20.050 Enforcement procedures.
9.20.060 Violation – Penalty.
9.20.010 Declaration of policy.
Recognizing that discrimination in housing adversely and seriously affects the public
health, safety and welfare, and in the belief that all persons regardless of race, color,
religion, ancestry, national origin, sex, sexual orientation, gender identity, disability,
familial status, marital status, veteran/military status, or Section 8 status (see BCC
9.20.045) should be assured an equal opportunity to acquire, use and possess housing
facilities within the city, the ordinance codified in this chapter is enacted, and certain
practices described as unfair housing practices are prohibited as an exercise of the
city’s police power and in furtherance and for the protection of the public health, safety
and welfare. (Ord. 6195 § 1, 2014; Ord. 4148 § 1, 1990; Ord. 4061 § 1, 1989; Ord. 3550
§ 5, 1985; Ord. 3516 § 28, 1985; Ord. 2398 § 2, 1977; 1961 code § 7.60.010.)
9.20.020 Definitions.
DI.A Page 36 of 55
Definitions as used in this chapter, unless additional meaning clearly appears from the
context, shall have the meanings subscribed:
A. “Commission” means the Washington State Human Rights Commission.
B. “Disability” means:
1. A physical or mental impairment that substantially limits one or more of a
person’s major life activities, either temporarily or permanently;
2. A person has a record of having such an impairment;
3. A person is regarded as having such an impairment; or
4. A person has any other condition that is a disability under the Washington
State Law Against Discrimination, Chapter 49.60 RCW, as it pertains to real
estate and housing.
“Disability” does not include current illegal use of a controlled substance as defined in
Section 102 or 21 USC Section 802 now or as hereafter amended.
C. “Dwelling” includes any building containing one or more dwelling units.
D. “Dwelling unit” includes a suite of rooms for occupancy by one family containing
space for living, sleeping and preparation of food, and containing toilet and bathing
facilities.
E. “Familial status” means one or more individuals (who have not attained the age of 18
years) being domiciled with:
1. A parent or another person having legal custody of such individual or
individuals; or
2. The designee of such parent or other person having such custody, with
the written permission of such parent or other person.
DI.A Page 37 of 55
The protections afforded against discrimination on the basis of familial status shall apply
to any person who is pregnant or is in the process of securing legal custody of any
individual who has not attained the age of 18 years.
F. “Housing accommodations” includes any dwelling, or dwelling unit, rooming unit,
roominghouse, lot or parcel of land in the city which is used, intended to be used or
arranged or designed to be used as, or improved with, a residential structure for one or
more human beings.
G. “Lender” includes any bank, insurance company, savings or building and loan
association, credit union, trust company, mortgage company or other person engaged
wholly or partly in the business of lending money for the financing or acquisition,
construction, repair or maintenance of a housing accommodation.
H. “Owners” include persons who own, lease, sublease, rent, operate, manage, have
charge of, control or have the right of ownership, possession, management, charge or
control of the housing accommodation, on their own behalf or on behalf of another.
I. “Occupant” includes any person who has established residence or has the right to
occupancy in a housing accommodation.
J. “Person” includes one or more individuals, partnerships, organizations, trad e or
professional associations, corporations, legal representatives, trustees, trustees in
bankruptcy and receivers; it includes any owner, lessee, proprietor, manager, agent or
employee, whether one or more natural persons, and further includes any politi cal
subdivision or agency or instrumentality of or in the city.
K. “Person aggrieved” means any person against whom any alleged unfair housing
practice has been committed.
L. “Prospective borrower” includes any person who seeks to borrow money to finance
the acquisition, construction, repair or maintenance of a housing accommodation.
M. “Prospective occupant” includes any person who seeks to purchase, lease, sublease
or rent a housing accommodation.
DI.A Page 38 of 55
N. “Real estate broker” includes any person who, for a fee , commission or other
valuable consideration, lists for sale, sells, purchases, exchanges, leases or subleases,
rents, or negotiates or offers or attempts to negotiate the sale, purchase, exchange,
lease, sublease or rental of a housing accommodation of another, or holds himself out
as engaged in the business of selling, purchasing, exchanging, listing, leasing,
subleasing or renting a housing accommodation of another, or collects the rental for the
use of a housing accommodation of another.
O. “Real estate agent, salesman or employee” includes any person employed by or
associated with a real estate broker to perform or assist in the performance of any or all
of the functions of a real estate broker.
P. “Respondent” means any person who is alleged to have committed an unfair housing
practice.
Q. “Rooming unit” includes one or more rooms within a dwelling unit or roominghouse
containing space for living and sleeping.
R. “Section 8 status” means the act of possessing a Section 8 voucher or certificate
issued under the Housing and Community Development Act of 1974, and the intent of a
rental applicant to rent a dwelling unit pursuant to such voucher or certificate, subject to
the provisions of BCC 9.20.045.
S. “Unfair housing practice” means any act prohibited by this chapter. (Ord. 6195 § 2,
2014; Ord. 4148 § 2, 1990; Ord. 4061 § 2, 1989; Ord. 3550 § 5, 1985; Ord. 3516 § 28,
1985; Ord. 2398 § 3, 1977; 1961 code § 7.60.020.)
9.20.030 Unfair housing practices prohibited – Generally.
Unfair housing practices, as defined in this chapter regarding housing accommodations
are contrary to the public peace, health, safety and general welfare and are prohibited
by the city in the exercise of its police power. (Ord. 3550 § 5, 1985; Ord. 3516 § 28,
1985; Ord. 2398 § 4, 1977; 1961 code § 7.60.030.)
9.20.040 Unfair housing practices designated.
DI.A Page 39 of 55
A. No owner, lessee, sublessee, assignee, real estate broker, real estate salesman,
managing agent of a housing accommodation or other person having the right to sell,
rent, lease, sublease, assign, transfer or otherwise dispose of a housing
accommodation shall refuse to sell, rent, lease, sublease, assign, transfer or otherwise
deny to or withhold from any person or group of persons such housing
accommodations, or segregate the use thereof, or represent that such housing
accommodations are not available for inspection, when in fact they are so available, or
expel or evict an occupant from a housing accommodation because of race, color,
religion, ancestry, national origin, sex, sexual orientation, gender identity, disability,
familial status, marital status, veteran/military status, or Section 8 status of such person
or persons or discriminate against or segregate any person because of race, color,
religion, ancestry, national origin, sex, sexual orientation, gender identity, disability,
familial status, or marital status of such person, in the terms, conditions or privileges of
the sale, rental, lease, sublease, assignment, transfer or other disposition of any such
housing accommodations or in the furnishing of facilities or services in connection
therewith.
B. A real estate broker, agent, salesman or employee shall not, because of race, color,
religion, ancestry, national origin, sex, sexual orientation, gender identity, disability,
familial status, marital status, veteran/military status, or Section 8 status of an occupant,
purchaser, prospective occupant or prospective purchaser:
1. Refuse, or intentionally fail to list, or discriminate in listing a housing
accommodation for sale, rent, lease or sublease;
2. Refuse or intentionally fail to show to a prospective occupant the housing
accommodation listed for sale, rental, lease or sublease;
3. Refuse or intentionally fail to accept and/or transmit to an owner any
reasonable offer to purchase, lease, rent or sublease a housing
accommodation;
4. Otherwise discriminate against an occupant, prospective occupant,
purchaser or prospective purchaser of a housing accommodation.
DI.A Page 40 of 55
C. No person, bank, banking organization, mortgage company, insurance company or
other financial institution or lender, or any agent or employee thereof, to whom
application is made for financial assistance for the purchase, lease, acquisition,
construction, rehabilitation, repair or maintenance of any housing accommodation shall:
1. Discriminate against any person or group of persons because of race,
color, religion, ancestry, national origin, sex, sexual orientation, gender
identity, disability, familial status, marital status, veteran/military status, or
Section 8 status, or such person or group of persons or of the prospective
occupants or tenants of such real property in the granting, withholding,
extending, modifying or renewing, or in the rates, terms, conditions or
privileges of, any such financial assistance or in the extension of services in
connection therewith; or
2. Use any form of application for such financial assistance, or make any
record of inquiry in connection with applications for such financial
assistance which expresses, directly or indirectly, any limitation,
specification or discrimination on the ground of race, color, religion,
ancestry, national origin, sex, sexual orientation, gender identity, disability,
familial status, marital status, veteran/military status, or Section 8 status.
D. An owner, person, real estate broker, agent, salesman, employee or lender shall not:
1. Require any information, make, or keep any record, or use any form of
application containing questions or entries concerning race, color, religion,
ancestry, national origin, sex, sexual orientation, gender identity, disability,
familial status, marital status, veteran/military status, or Section 8 status in
connection with the sale, rental, lease or sublease of any housing
accommodation;
2. Publish, circulate, issue or display, or cause to be published, circulated,
issued or displayed, any communication, notice, advertisement or sign of
any kind relating to the sale, rental, lease, sublease, assignment, transfer or
listing of a housing accommodation or accommodations which indicates an y
preference, limitation, specification or discrimination based on race, color,
DI.A Page 41 of 55
religion, ancestry, national origin, sex, sexual orientation, gender identity,
disability, familial status, marital status, veteran/military status, or Section 8
status;
3. Aid, abet, compel or coerce the doing of any act defined in this chapter as
an unfair housing practice; or obstruct or discriminate against a person in
any manner because he has complied or proposed to comply with the
provisions of this chapter or has filed a complaint, testified or assisted in any
proceeding under this chapter, or any order issued thereunder, or attempt,
either directly or indirectly, to commit any act defined in this chapter to be an
unfair housing practice or apply any economic sanctions or deny any
membership privileges because of compliance with the provisions of this
chapter.
E. For purposes of discrimination based on handicap, discrimination includes:
1. A refusal to permit, at the expense of the handicapped person,
reasonable modifications of existing premises occupied or to be occupied
by such person if such modifications may be necessary to afford such
person full enjoyment of the premises except that, in the case of a rental the
landlord may where it is reasonable to do so condition permission for a
modification on the renter agreeing to restore the interior of the premises to
the condition that existed before the modification, reasonable wear and tear
excepted;
2. A refusal to make reasonable accommodations in rules, policies,
practices, or services, when such accommodations may be necessary to
afford such person equal opportunity to use and enjoy a dwelling; or
Nothing in this subsection E requires that a dwelling be made available to an individual
whose tenancy would constitute a direct threat to the health or safety of other
individuals or whose tenancy would result in substantial physical damage to the
property of others. (Ord. 6195 § 3, 2014; Ord. 4148 § 3, 1990; Ord. 4061 § 3, 1989;
Ord. 3550 § 5, 1985; Ord. 3516 § 28, 1985; Ord. 2398 § 5, 1977; 1961 code §
7.60.040.)
DI.A Page 42 of 55
9.20.041 Religious organization or private club exemption.
Nothing in this chapter shall prohibit a religious organization, association or society, or
any nonprofit institution or organization operated, supervised or controlled by or in
conjunction with a religious organization, association or society, from limiting the sale,
rental or occupancy of dwellings which it owns or operates for other than a commercial
purpose to persons of the same religion, or from giving preference to such persons,
unless membership in such religion is restricted on account of race, color or national
origin. Nor shall anything in this chapter prohibit a private club not in fact open to the
public, which as an incident to its primary purpose or purposes provides lodgings which
it owns or operates for other than a commercial purpose, from limiting the rental or
occupancy of such lodgings to its members or from giving preference to its members.
(Ord. 4061 § 4, 1989.)
9.20.042 Housing for older persons – Exemption.
A. No provision in this chapter regarding familial status applies with respect to housing
for older persons.
B. As used in this section, “housing for older persons” means housing:
1. Provided under any state or federal program that the compliance officer
determines is specifically designed and operated to assist elderly persons
(as defined in the state or federal program); or
2. Intended for, and solely occupied by, persons 62 years of age or older; or
3. Intended and operated for occupancy by at least one person 55 years of
age or older per unit. In determining whether housing qualifies as housing
for older persons under this subsection, the compliance officer shall
consider the following factors:
a. The existence of significant facilities and services specifically
designed to meet the physical or social needs of older persons, or if the
provision of such facilities and services is not practicable, that such
housing is necessary to provide important housing opportunities for
older persons; and
DI.A Page 43 of 55
b. That at least 80 percent of the units are occupied by at least one
person 55 years of age or older per unit; and
c. The publication of, and adherence to, policies and procedures which
demonstrate an intent by the owner or manager to provide housing for
persons 55 years of age or older.
C. Housing shall not fail to meet the requirements for housing for older persons by
reason of:
1. Persons residing in such housing as of the date of enactment of the
ordinance codified in this chapter who do not meet the age requirements of
subdivisions B2 or B3 of this section; provided, that new occupants of such
housing meet the age requirements of subsection B of this section; or
2. Unoccupied units; provided, that such units are reserved for occupancy
by persons who meet the age requirements of subdivisions B2 or B3 of this
section.
D. Nothing in this chapter prohibits conduct against a person because such person has
been convicted by any court of competent jurisdiction of the illegal manufacture or
distribution of a controlled substance as defined in Section 102 of the Controlled
Substances Act (21 USC 802). (Ord. 4061 § 5, 1989.)
9.20.043 Reasonable accommodation.1
Requests for reasonable accommodation by any person claiming to have a handicap, or
someone acting on his or her behalf, shall be processed at no cost under Part 20.30T of
Title 21 (Land Use Code) of the Bellevue City Code, as now exists or is hereafter
amended. (Ord. 6195 § 4, 2014.)
9.20.045 Dwelling units – Refusal to rent based solely on Section 8 voucher or
certificate request prohibited.
No person shall refuse to rent a dwelling unit to any rental applicant solely on the basis
that the applicant proposes to rent such unit pursuant to a Section 8 voucher or
certificate issued under the Housing and Community Development Act of 1974 (42 USC
DI.A Page 44 of 55
1437(F)); provided this section shall only apply with respect to a Section 8 certificate if
the monthly rent on such residential unit is within the limits of fair market rent as
established by the Department of Housing and Urban Development. “Dwelling unit” shall
have the meaning set forth in BCC 20.50.016. (Ord. 4118 § 1, 1990.)
9.20.050 Enforcement procedures.
A. A complaint alleging an unfair housing practice shall be in writing and signed by the
charging party, describing the unfair housing practice complained of, and must be filed
within six months of the occurrence of the alleged unfair housing practice by:
1. Any person, or the person’s attorney, when the person claims to be
aggrieved by an unfair housing practice;
2. The compliance officer or city attorney, whenever the compliance officer
or city attorney has reason to believe an unfair housing practice has been or
is being committed;
3. A state or federal agency concerned with discrimination in housing,
whenever it has reason to believe an unfair housing practice has been or is
being committed.
B. Complaints shall be filed with the compliance officer, who shall be appointed by the
city manager. A complaint shall not be rejected as insufficient because of failure to
include all required information so long as it substantia lly satisfies the information
requirements necessary for processing.
C. Notice of the complaint, including date, place and circumstances of the alleged
unlawful practice, shall be served upon the respondent and a copy thereof shall be filed
with the city attorney.
D. An investigation into the allegations contained in the complaint shall be made by the
compliance officer, and the results thereof reduced to written findings of fact. A finding
shall be made, based upon a preponderance of the evidence obtained in the
investigation, that there is or is not reasonable cause to believe that an unfair housing
practice has been or is being committed.
DI.A Page 45 of 55
E. If a finding is made that there is no reasonable cause, the findings shall be furnished
to the charging party and to the respondent. Within 30 days after the receipt of the
finding, the charging party shall have the right to appeal such finding to the Washington
State Human Rights Commission by filing a written statement of appeal with it. In the
event that no appeal is taken or such appeal is unsuccessful, the complaint shall be
dismissed.
F. If the finding is made initially or on appeal that reasonable cause exists to believe that
an unfair housing practice has occurred, the compliance officer shall endeavor to
eliminate the unfair practice by conference, conciliation and persuasion which may
include as a condition of settlement the elimination of the unfair housing practice, rent
refunds or credits, reinstatement to tenancy, affirmative recruiting or advertising
measures or such other requirements as may lawfully be agreed upon by the parties
and the compliance officer. Any settlement agreement shall be reduced to writing and
signed by the respondent and the compliance officer. Copies of such agreements shall
be delivered to all affected parties and the city attorney and the original thereof filed with
the city clerk. If no agreement can be reached, a finding to that effect shall be made and
reduced to writing, with a copy thereof furnished to the charging party, the re spondent,
and the city attorney.
G. In case of failure to reach agreement for the elimination of such unfair practice, and
upon the entry of a finding to that effect, the complaint and any and all findings shall be
certified by the compliance officer to the city attorney.
H. The city attorney may institute legal proceedings on the basis of a complaint filed
under this chapter. (Ord. 4061 § 6, 1989; Ord. 3550 § 5, 1985; Ord. 3516 § 28, 1985;
Ord. 2398 § 7, 1977.)
9.20.060 Violation – Penalty.
A. Civil Remedies. The violation or failure to comply with any of the provisions of this
chapter is declared to be unlawful.
B. Civil Penalty. Any person who violates or fails to comply with any of the provisions of
this chapter shall be subject to a civil penalty not exceeding $500.00 for each day or
portion thereof that the unlawful act or omission has continued.
DI.A Page 46 of 55
C. Criminal Penalty. Any person who violates or fails to comply with the provisions of
this chapter is guilty of a misdemeanor. Each day or portion thereof upon which the
unlawful act or omission occurs constitutes a separate offense. (Ord. 4061 § 7, 1989;
Ord. 3550 § 5, 1985; Ord. 3516 § 28, 1985; Ord. 2398 § 8, 1977; 1961 code §
7.60.060.)
DI.A Page 47 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5279
Date:
January 25, 2017
Department:
Administration
Attachments:
Resolution No. 5279
Exhibit "A"
Budget Impact:
$0
Administrative Recommendation:
For Council Discussion.
Background Summary:
The City of Auburn has previously taken substantive steps to promote redevelopment
of Downtown Auburn including but not limited to the preparation of an Environmental
Impact Statement (EIS), obtaining a Regional Center designation from the Puget
Sound Regional Council and the preparation and approval of design guidelines and
standards.
There is current real and substantive interest from private sector development
parties in the development of residential, retail and office development in Downtown
Auburn.
The City of Auburn desires to promote and incentivize private sector development
investment in its downtown core to realize future property tax and sales tax benefits to
the citizens of Auburn from currently undeveloped and underdeveloped properties in
said downtown core.
The City of Auburn City Council is able under current state and local regulations to
make adjustments to certain fees charged to private sector development interests and
more specifically to fees charged for building review, planning review and engineering
review including the facility extension agreement process and for park impacts fees.
The City of Auburn believes that the aforementioned fee adjustments will be a major
factor in enticing private sector development interests to commit to developing on
certain parcels in Downtown Auburn.
The City's Master Fee Schedule shall be modified to authorize a seventy-five percent
reduction in fees charged by the City of Auburn for building review, planning review
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 48 of 55
and engineering review inclusive of the facilities extension agreement process
applicable only to those parcels of land specified as the "catalyst properties".
That the City's Master Fee Schedule shall be modified to authorize a seventy-five
percent reduction in park impact fees.
Reviewed by Council Committees:
Councilmember: Staff:Hinman
Meeting Date:January 30, 2017 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 49 of 55
----------------------------
Resolution No. 5279
January 25, 2017
Page 1 of 5
RESOLUTION NO. 5 2 7 9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON,
TEMPORARILY REDUCING BUILDING, PLANNING
AND ENGINEERING RELATED FEES AND
TEMPORARILY REDUCING PARK IMPACT FEES
(PIF) FOR THE PERIOD FROM THE EFFECTIVE
DATE OF THIS RESOLUTION THROUGH
DECEMBER 31, 2017, FOR DEVELOPMENT
PROJECTS ON CERTAIN REAL PROPERTY
DESCRIBED HEREIN FOR WHICH COMPLETED
APPLICATIONS HAVE BEEN SUBMITTED
WHEREAS, The City of Auburn has previously taken substantive steps to
promote redevelopment of Downtown Auburn including but not limited to the
preparation of an Environmental Impact Statement (EIS), obtaining a Regional
Center designation from the Puget Sound Regional Council and the preparation
and approval of design guidelines and standards; and
WHEREAS, despite ongoing economic impacts from the Great Recession,
there is current real and substantive interest from private sector development
parties in the development of residential, retail and office development in
Downtown Auburn; and
WHEREAS, the City of Auburn desires to promote and incentivize private
sector development investment in its downtown core to realize future property tax
and sales tax benefits to the citizens of Auburn from currently undeveloped and
underdeveloped properties in said downtown core; and
WHEREAS, the City of Auburn City Council is able under current state
and local regulations to make adjustments to certain fees charged to private
sector development interests and more specifically to fees charged for building
DI.B Page 50 of 55
----------------------------
Resolution No. 5279
January 25, 2017
Page 2 of 5
review, planning review and engineering review including the facility extension
agreement process and for park impacts fees; and
WHEREAS, the City of Auburn believes that the aforementioned fee
adjustments will be a major factor in enticing private sector development interests
to commit to developing on certain parcels in Downtown Auburn; and
WHEREAS, the City of Auburn believes that the period of availability for
the aforementioned fee adjustments should be limited to no later than December
31, 2017 and that such limitation will help spur near-term private sector
development investment; and;
WHERAS, there are certain "catalyst properties" in the Downtown Core
whose redevelopment will in addition to increasing property and sales tax
collections in the Downtown Core act as an impetus to future downtown
development and redevelopment through a substantive increase in downtown
residents and employees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the City's Master Fee Schedule shall be modified to
authorize a seventy-five percent reduction in fees charged by the City of Auburn
for building review, planning review and engineering review inclusive of the
facilities extension agreement process applicable only to those parcels of land
specified as the "catalyst properties" in Section 3.
Section 2. That the City's Master Fee Schedule shall be modified to
authorize a seventy-five percent reduction in park impact fees (PIF) charged by
DI.B Page 51 of 55
----------------------------
Resolution No. 5279
January 25, 2017
Page 3 of 5
the City of Auburn, applicable only to those parcels of land specified as the
"catalyst properties" in Section 3.
Section 3. That the following parcels of land shall be considered
"catalyst properties" (Exhibit "A") in the City's Downtown Core and shall be
eligible for application of the aforementioned fee adjustments:
Parcel No. 7815700115
Parcel No. 7815700110
Parcel No. 7815700095
Parcel No. 7815700135
Parcel No. 7815700240
Parcel No. 7815700225
Parcel No. 7815700250
Parcel No. 7815700265
Parcel No. 7815700380
Parcel No. 7815700370
Parcel No. 7815700390
Parcel No. 7815700410
Parcel No. 7815700325
Parcel No. 7815700326
Parcel No. 7815700327
Parcel No. 7815700310
Parcel No. 7815700305
Parcel No. 7815700300
Parcel No. 7815700295
Parcel No. 7815700290
Parcel No. 7815700285
Parcel No. 7815700280
Parcel No. 7815700075
Parcel No. 7815700070
Parcel No. 7815700047
Parcel No. 7815700030
Parcel No. 7815700020
Parcel No. 7815700015
Parcel No. 7815700005
Parcel No. 0492000460
Parcel No. 0492000461
Parcel No. 0492000463
DI.B Page 52 of 55
----------------------------
Resolution No. 5279
January 25, 2017
Page 4 of 5
Section 4. That the modifications to the City's Master Fee Schedule
shall only be made available to those development projects on the
aforementioned "catalyst properties" that have submitted complete applications
for all necessary and required development approvals from the City including
planning approval, environmental review approval, building permit approval and
engineering approval inclusive of facilities extension agreement approval. The
determination of completeness shall be determined in accordance with Chapter
14.06 ACC.
Section 5. That the modifications to the City’s Master Fee Schedule
specified in Sections 1 and 2 of this Resolution shall expire on December 31,
2017, and the prior rates shall thereafter apply.
Section 6. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 7. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2017.
CITY OF AUBURN
________________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
DI.B Page 53 of 55
----------------------------
Resolution No. 5279
January 25, 2017
Page 5 of 5
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
DI.B Page 54 of 55
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DI.B Page 55 of 55