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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, March 28, 2022
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely
through Zoom. Audience comments will be accommodated through Zoom. Speakers must
click the link to the registration form (linked below), fill it out, and submit it by 5 p.m. on the
day of the Council meeting. The public may also submit comments in writing to
cityclerk@rentonwa.gov by 5 p.m. on the day of the meeting. Registration is not required for
those who wish to speak during public hearings.
Registration for Audience Comment
Registration will be open at all times, but speakers must register by 5 p.m. on the day of a
Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of
the Council meeting will not be called upon to speak and will be required to re-register for the
next Council meeting if they wish to speak at that next meeting.
• Request to Speak Registration Form
• You may also copy/paste the following URL into your browser:
https://forms.office.com/g/bTJUj6NrEE
• You may also call 425-430-6501 or email jsubia@rentonwa.gov or
cityclerk@rentonwa.gov to register. Please provide your full name, city of residence,
email address and/or phone number, and topic in your message.
• Instructions for Virtual Attendance
For those wishing to attend by Zoom, please (1) click this link:
https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or
copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253-
215-8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on
the day of the meeting to request an invite with a link to the meeting.
Those providing audience comments will be limited to 5 minutes each speaker unless an
exception is granted by the Council. Attendees will be muted and not audible to the Council
except during times they are designated to speak. Advance instructions for how to address
the Council will be provided to those who sign up in advance to speak and again during the
meeting.
1. CALL TO ORDER
2. ROLL CALL
3. ADMINISTRATIVE REPORT
a) Administrative Report
4. AUDIENCE COMMENTS
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
5. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of March 21, 2022.
Council Concur
b) AB - 3055 Equity, Housing, and Human Services Department recommends approval of an
Extended Multi-Family Housing Property Tax Exemption (MFTE) agreement, with Liberty
Square Apartments, which extends the original agreement for an additional twelve years
if certain conditions are met.
Refer to Planning & Development Committee
c) AB - 3099 Public Works Utility Systems Division recommends adoption of a resolution to
allow staff to apply for the Brian Abbott Fish Barrier Removal Board grant application,
which will provide $412,500 in grant funds for the Panther Creek Fish Barrier removal
project. The City match is $137,500.
Refer to Utilities Committee
6. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Finance Committee: Vouchers; Summer Experiences & Enrichment for Kids (SEEK)
Funding; Park Ave N Property Acquisition; Agreement with the Department of Ecology for
the Stormwater Management Action Planning Project; Agreement with Benita R. Horn
and Associates for Equity and Inclusion Program Services
7. LEGISLATION
Ordinance for second and final reading:
a) Ordinance No. 6059: Amending Civil Service Code (First Reading on 3/21/2022)
8. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
9. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
6:00 p.m. - MEETING REMOTELY
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
Mayor’s Office
Memorandum
DATE: March 28, 2022
TO: Ryan McIrvin, Council President
Members of Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• The Emergency Feeding Program/SOS will be hosting a pop-up lunch event at the
Sunset Neighborhood Park; 2680 Sunset Lane NE, from 12:30-2 p.m. on March 29.
Unsheltered and those residents with food insecurities will receive free ready-to-eat
food and drinks from Amazon Fresh. Personal hygiene kits, cleaning supplies, and
socks will also be available.
• King County Fire Chiefs Association is hosting a Diversity and Recruitment Workshop
in Seattle Saturday on April 9 from 8:15 a.m.-3:30 p.m. Register by April 4 at
https://www.kingcountyfirechiefs.org/king-county-diversity-and-recruitment-
workshop-event-registration/.
• Information about preventative street maintenance, traffic impact projects, and
road closures happening this week can be found at http://rentonwa.gov/traffic. All
projects are weather permitting and unless otherwise noted, streets will always
remain open. Preventative street maintenance, traffic impact projects, and road
closures will be at the following locations:
Monday, March 28 through Friday, April 1, 8:00 am to 3:00 pm. westbound
lanes on SW 16th between Lind Avenue SW and Oaksdale Avenue S, will be
closed for road repairs, weather permitting.
Monday, March 28 through Friday, April 1, 8:30 am to 3:00 pm. Intermittent
single lane closures along NE Sunset Blvd (SR 900) south of NE 12th Street due to
utility construction. Questions may be directed to Patrick DeCaro, 425-207-6013.
Monday, March 28 through Friday, April 1, 8:30 am to 3:00 pm. Intermittent
single lane closures along Monroe Ave NE south of NE 12th Street due to utility
construction. Questions may be directed to Patrick DeCaro, 425-207-6013.
Monday, March 28 through Friday, April 1, 8:30 am to 3:00 pm. Intermittent
single lane closures along NE 4th Street west of Monroe Ave NE due to utility
construction. Questions may be directed to Patrick DeCaro, 425-207-6013.
AGENDA ITEM #3. a)
Ryan McIrvin, Council President
Members of Renton City Council
Page 2 of 2
March 28, 2022
Wednesday, March 30, 8:00 am to 3:00 pm. Westbound curb lane #1 and lane
#3 southbound direction of Talbot Road S between S 7th Street and Grady Way
will be closed.
Downtown Utility Improvement Project. Installation of wastewater and storm
drain improvements are complete. Final testing and activation of the water
system work continues this week. Weather permitting, paving of disturbed
areas may start as early as March 28 and extend into April. Expect lane closures
and detours as the paving operation moves around the downtown core.
Additional information can be found at rentonwa.gov/duip.
Duvall Avenue Northeast Project: Continuous right lane closure on Northbound
Duvall Avenue NE between NE 7th and NE 10th Street through estimated project
completion in February 2023.
On-going Street Closure through October 4, 2023 (City of Renton Resolution
No. 4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street
and Harrington Place NE in support the Solera Development Project (LUA20-
000305). Questions may be directed to Brad Stocco, 425-282-2373.
AGENDA ITEM #3. a)
March 21, 2022 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, March 21, 2022
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM.
ROLL CALL
Councilmembers Present:
Ryan McIrvin, Council President
James Alberson, Jr., Council Position No. 1
Carmen Rivera, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ed Prince, Council Position No. 5
Ruth Pérez, Council Position No. 6
Kim-Khánh Vǎn, Council Position No. 7
(All councilmembers attended remotely)
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
Cheryl Beyer, Senior Assistant City Attorney
Jason Seth, City Clerk
Judith Subia, Council Liaison
Kristi Rowland, Deputy Chief Administrative Officer
Chip Vincent, Community & Economic Development Administrator
Martin Pastucha, Public Works Administrator
Kari Roller, Finance Department Administrator
Ellen Bradley-Mak, Human Resources and Risk Management Administrator
Kelly Beymer, Parks & Recreation Department Administrator
Maryjane Van Cleave, Communications & Engagement Director
Amanda Askren, Interim Economic Development Administrator
Ron Straka, Public Works Utility Systems Director
Chief Jon Schuldt, Police Department Administrator
AGENDA ITEM #5. a)
March 21, 2022 REGULAR COUNCIL MEETING MINUTES
Commander Chad Karlewicz, Police Department
(All City staff attended remotely except City Clerk Seth)
ADMINISTRATIVE REPORT
CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent
progress towards goals and work programs adopted as part of its business plan for 2022 and
beyond. Items noted were:
• Clean the World Foundation/Fresh Start Program is providing mobile shower units on
Mondays from 9:30 a.m. to 12:30 p.m. at 300 Rainier Avenue N.
• The Emergency Feeding Program/SOS will be hosting pop-up lunch events at the
Sunset Neighborhood Park; 2680 Sunset Lane NE, from 12:30-2 p.m. on March 22 and
29. Unsheltered and those residents with food insecurities will receive free ready-to-
eat food and drinks from Amazon Fresh. Personal hygiene kits, cleaning supplies, and
socks will also be available.
• Renton Chamber of Commerce is hosting a free event, “Rising in Greatness—Beyond
Black History Month,” on Saturday, March 26 from 2-4 p.m. at its office located at 625
South 4th Street, Renton.
• King County Fire Chiefs Association is hosting a Diversity and Recruitment Workshop
in Seattle Saturday on April 9 from 8:15 a.m.-3:30 p.m. Register by April 4 at
https://www.kingcountyfirechiefs.org/king-county-diversity-and-recruitment-
workshop-event-registration/.
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
• Josh Twilley, Renton, voiced concern about safety issues at The Landing. Mayor
Pavone noted that he would have Chief Schuldt follow-up with him about his
concerns.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of March 14, 2022. Council Concur.
b) AB - 3097 Parks & Recreation Department - PPNR recommended approval of a Purchase and
Sales Agreement with Robert G. Perelli, for the acquisition of 140 Park Ave N; and
authorization to execute an Option to Purchase and Right of First Refusal, with Robert G.
Perelli, for 144 Park Ave N should the owner decide to sell the property, with a total
acquisition cost of $440,000; additionally, a 2022 Carry Forward budget adjustment will
transfer appropriate funding to the Park Ave N Acquisition account. Refer to Finance
Committee.
c) AB - 3096 Finance Department requested authorization to hire a Senior Finance Analyst at
Step D of salary grade m25, effective April 1, 2022. Council Concur.
AGENDA ITEM #5. a)
March 21, 2022 REGULAR COUNCIL MEETING MINUTES
d) AB - 3092 Equity, Housing, and Human Services Department requested authorization to enter
into an agreement with Benita R. Horn and Associates, in the amount of $175,000, for 2022-
2023, for consulting services that will further work toward the Business Plan goal of, “Building
an inclusive, informed and hate-free city with equitable outcomes for all in support of social,
economic, and racial justice." Refer to Finance Committee.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Utilities Committee Chair Alberson presented a report concurring in the staff recommendation
to approve the agreement with Carollo Engineers, Inc. in the amount of $443,709.00 for
engineering services for the 2022 Sanitary Sewer Replacement project.
MOVED BY ALBERSON, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Public Safety Committee Chair Pérez presented a report concurring in the staff recommendation
to adopt the ordinance revising Renton Municipal Code 2-4-4, to revise the rules for Civil Service
Commission member appointments. This change will allow a member to be appointed if they
have lawful permanent U.S. residence status, reduces the minimum required City residence,
immediately prior to appointment, to one year (rather than three); and eliminates the
requirement to be an elector of the county in which the candidate resides.
MOVED BY PÉREZ, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
c) Public Safety Committee Chair Pérez presented a report concurring in the staff recommendation
to authorize the Mayor to sign the following agreement, MOU, and certification:
• HIDTA State and Local Task Force Agreement for the Valley Narcotics Enforcement Team,
• Drug Enforcement Administration Asset Forfeiture Sharing Memorandum of
Understanding, and
• US Department of Justice Certifications regarding lobbying; debarment, suspension and
other responsibility matters; and drug free workplace requirements.
MOVED BY PÉREZ, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
LEGISLATION
Ordinance for first reading:
a) Ordinance No. 6059: An ordinance was read amending Section 2-4-4 of the Renton Municipal
Code, updating Civil Service member appointment requirements, providing for severability,
and establishing an effective date.
MOVED BY PÉREZ, SECONDED BY VǍN, COUNCIL REFER THE ORDINANCE FOR
SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
AGENDA ITEM #5. a)
March 21, 2022 REGULAR COUNCIL MEETING MINUTES
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED.
TIME: 7:14 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
21 Mar 2022
AGENDA ITEM #5. a)
Council Committee Meeting Calendar
March 21, 2022
March 28, 2022
Monday
4:00 PM Finance Committee, Chair O’Halloran – VIDEOCONFERENCE
1. Summer Experiences & Enrichment for Kids (SEEK) Funding
2. Park Ave N Property Acquisition
3. Agreement with the Department of Ecology for the Stormwater
Management Action Planning Project
4. Agreement with Benita R. Horn and Associates for Equity and Inclusion
Program Services
5. Vouchers
5:00 PM Planning & Development Committee, Chair Prince – VIDEOCONFERENCE
1. Docket 17 Update
2. Emerging Issues in CED
6:00 PM Committee of the Whole, Chair McIrvin – VIDEOCONFERENCE
1. Bezos Academy Lease & Program Update
7:00 PM Council Meeting – VIDEOCONFERENCE
AGENDA ITEM #5. a)
AB - 3055
City Council Regular Meeting - 28 Mar 2022
SUBJECT/TITLE: Liberty Square Extended Multi-Family Tax Exemption Agreement
Amendment
RECOMMENDED ACTION: Refer to Planning & Development Committee
DEPARTMENT: Equity, Housing, and Human Services Department
STAFF CONTACT: Hannah Bahnmiller, Housing Programs Manager
EXT.: 7262
FISCAL IMPACT SUMMARY:
The Multi-Family Housing Property Tax Exemption has no fiscal impact as it is treated by the King County
Assessor similar to other exempt properties. The City’s levy rate is increased when properties are exempt, but
the total property tax revenue remains the same for the City (i.e. since the tax liability is shifted to the non -
exempt property owners, there is no lost City property tax revenue). For property taxpayers, the increased
levy rate means the non-exempt property owners pay a higher property tax as exempt properties are
excluded from the tax roll but not the tax liability.
SUMMARY OF ACTION:
The Liberty Square Apartments (“Project”), 92 unit multi-family project in the Downtown targeted residential area, was
issued a twelve-year multifamily property tax exemption (“Original Exemption”) in 2009. The Project was completed in
2009 and successfully completed the requirements of the original exemption, which expired on December 31, 2021.
In 2021, the state Legislature adopted Engrossed Second Substitute Senate Bill (ESSSB) 5287, authorizing local
jurisdictions to extend multifamily property tax exemptions for an additional 12 years if the owner agrees to meet the
locally adopted affordability and other requirements. In December 2021, the Renton City Council adopted Ordinance
6050, amending Renton Municipal Code to allow for extended multifamily property tax exemptions (“Extended
Exemptions”) in cases where requirements are met.
On January 20, 2022, the City received an Extended Exemption application for the Liberty Square Apartments. Subject to
the Council’s approval of the agreement, the Community and Economic Development Administrator intends to approve
the Extended Exemption application for the project.
EXHIBITS:
A. Issue Paper
B. Agreement
STAFF RECOMMENDATION:
Approve the Extended Multi-Family Housing Property Tax Exemption Agreement for Liberty Square
Apartments and authorize the Mayor and City Clerk to execute the agreement.
AGENDA ITEM #5. b)
Equity, Housing &
Human Services Department
Memorandum
DATE:March 28, 2022
TO:Ryan McIrvin, Council President
Members of Renton City Council
VIA:Armondo Pavone, Mayor
FROM:Preeti Shridhar, EHHS Administrator
STAFF CONTACT:Hannah Bahnmiller, Housing Programs Manager, ext. 7262
SUBJECT:Liberty Square Extended Multi-Family Housing Property Tax
Exemption Agreement
ISSUE:
Should the City Council approve the Extended Multi-Family Housing Property Tax
Exemption Agreement for the Liberty Square Apartments and authorize the Mayor and City
Clerk to execute the agreement?
RECOMMENDATION:
Approve the Extended Multi-Family Housing Property Tax Exemption Agreement for the
Liberty Square Apartments and authorize the Mayor and City Clerk to execute the
agreement.
BACKGROUND SUMMARY:
The Liberty Square Apartments (“Project”), a 92-unit multi-family project in the Downtown
targeted residential area, was issued a 12-year multi-family property tax exemption
(“Original Exemption”) in 2009. The project was completed in 2009 and successfully
fulfilled the requirements of the original exemption, which expired on December 31, 2021.
In 2021, the state Legislature adopted Engrossed Second Substitute Senate Bill (ESSSB)
5287, authorizing local jurisdictions to extend multi-family property tax exemptions for an
additional 12 years if the owner agrees to meet the locally adopted housing affordability
and other requirements. On December 13, 2021, the Council adopted Ordinance 6050,
amending Renton Municipal Code to allow for extended multi-family property tax
exemptions (“Extended Exemption”) in cases where requirements are met.
On January 20, 2022, the City received an Extended Exemption application for the Liberty
Square Apartments. Subject to the Council’s approval of the agreement, the Community
AGENDA ITEM #5. b)
Ryan McIrvin, Council President
Page 2 of 3
March 28, 2022
and Economic Development (CED) Administrator intends to approve the Extended
Exemption application for the project.
BACKGROUND:
As authorized by Chapter 84.14 RCW, the Council established the Multi-Family Housing
Property Tax Exemption (“Exemption”) in 2003 (codified in RMC 4.1.220 as subsequently
amended) to currently encourage multi-family housing development in targeted residential
areas. The Exemption provision allows the value of qualified new housing construction to
be exempt from ad valorem property tax for a limited period after completion of the
project. However, the Exemption does not include the value of the land, existing
improvements, or non-housing-related improvements (e.g., commercial space). The
Exemption applies to all levels of the ad valorem property tax, including the local
jurisdiction, county, state, and all local taxing districts. The Exemption is in addition to any
other tax credits, grants, or incentives provided by law for multi-family housing.
In 2021, the state Legislature adopted Engrossed Second Substitute Senate Bill (ESSSB)
5287, amending Chapter 84.14 RCW. As amended, the code authorizes local jurisdictions to
extend multi-family property tax exemptions for an additional 12 years if, at a minimum,
the owner agrees to meet the locally adopted requirements for new projects receiving a
property tax exemption, as applicable at the time of application for an extension and
commits to renting or selling at least 20% of the multi-family housing units as affordable
housing units for low-income households.
On December 13, 2021, the Renton City Council codified these changes in municipal code
by adopting Ordinance 6050, amending RMC Section 4.1.220 to allow extended property
tax exemptions under certain conditions.
On January 20, 2022, the City received an Extended Exemption application from the
Project’s owner. The Liberty Square Apartments is located at 415 Williams Avenue South in
Downtown. The project consists of 92 multi-family units (6 studios, 54 one-bedrooms, and
32 two-bedrooms). One hundred percent of the Project’s units are priced as affordable to
those making at or below 60% Area Median Income (AMI).
The estimated potential property tax savings related to the Extended Exemption is
approximately $215,105 per year ($2,518,257 for the 12-year period). This equates to a
potential property tax savings of approximately $2,338 per year per housing unit ($28,057
per housing unit for the 12-year period).
The Liberty Square Apartments exceeds the City’s requirement as provided in RMC
4.1.220.C that projects rent at least 20% of the units to households at or below 60% AMI to
qualify for a 12-year Extended Exemption.
AGENDA ITEM #5. b)
Ryan McIrvin, Council President
Page 3 of 3
March 28, 2022
The project paid the $1,000 extended application fee and satisfies the City’s Extended
Exemption eligibility requirements as outlined in RMC 4.1.220.M.
If the application is approved, the applicant will enter into an agreement (attached)
approved by the Council that addresses the terms and conditions for the Liberty Square
Apartments to receive an Extended Exemption. Subject to the Council’s approval of the
agreement, the CED Administrator intends to approve the Extended Exemption application
for the Liberty Square project.
CONCLUSION:
Renton’s Extended Exemption was established to help preserve affordable housing
opportunities in designated residential targeted areas. Liberty Square provides 92 units of
affordable housing. Staff supports extending the exemption as it furthers the City’s Housing
Action Plan and 2021-2026 Business Plan Goals.
cc: Ed VanValey, Chief Administrative Officer
Kristi Rolland, Deputy Chief Administrative Officer
Chip Vincent, Community and Economic Development
Kari Roller, Finance Administrator
Martin Pastucha, Public Works Administrator
Kelly Beymer, Parks and Recreation Administrator
Mark Santos-Johnson, Community Development and Housing Manager
Jason Seth, City Clerk
Raevel Chea, Senior Financial Analyst
AGENDA ITEM #5. b)
Extended Multi-Family Housing Property Tax Exemption Agreement
Liberty Square Apartments 1
EXTENDED MULTI-FAMILY HOUSING PROPERTY TAX EXEMPTION
AGREEMENT FOR LIBERTY SQUARE APARTMENTS
THIS AGREEMENT is entered into this ____ day of _______________, 2022 by
and between RENTON FIFTH AND WILLIAMS LIMITED PARTNERSHIP, a
Washington limited partnership (hereinafter referred to as the “Applicant”), and the CITY
OF RENTON, a Washington municipal corporation (hereinafter referred to as the “City”).
Recitals.
1. WHEREAS, in January 2009, the Applicant applied to the City for a limited property
tax exemption (the “Original Exemption”) as provided for in Chapter 84.14 RCW and
RMC 4-1-220 for multi-family housing residential rental housing located in the Center
Downtown (CD) zone as part of the Downtown designated residential target area
and the Department of Community and Economic Development Administrator
approved the application; and
2. WHEREAS, the Parties entered into a Multi-Family Housing Property Tax Exemption
Agreement for Liberty Square Apartments on May 28th, 2009, and recorded at King
County Recorder’s File No. 20090622001667(” Original Exemption”); and
3. WHEREAS, the Applicant has completed construction of the Liberty Square
Apartments with ninety-two (92) housing units (hereinafter referred to as the
“Project”) on property located at 415 and 417 Williams Ave S, Renton, Washington,
and more fully described in Exhibit A attached hereto, (hereinafter referred to as the
“Property”); and
4. WHEREAS, the Applicant successfully completed the requirements of the twelve
(12)-year Multi-Family Housing Property Tax Exemption for the Original Exemption;
and
5. WHEREAS, in 2021, the Washington State Legislature adopted Engrossed Second
Substitute Senate Bill (ESSSB) 5287, amending Chapter 84.14 RCW, which
authorizes multifamily property tax exemptions under certain conditions; and
6. WHEREAS, Chapter 84.14 RCW, as amended, authorizes local jurisdictions to
extend multi-family property tax exemptions for an additional twelve (12) years if, at
a minimum, the owner agrees to meet the locally adopted requirements for new
projects receiving a property tax exemption, as applicable at the time of application
for an extension, and commits to renting or selling at least twenty percent (20%) of
the multi-family housing units as affordable housing units for low-income
households; and
AGENDA ITEM #5. b)
Extended Multi-Family Housing Property Tax Exemption Agreement
Liberty Square Apartments 2
7. WHEREAS, on December 13, 2021, the Renton City Council adopted Ordinance No.
6050, amending the Renton Municipal Code to allow for extended multi-family
property tax exemptions for an additional twelve (12) years if the owner agrees to
provide at least twenty percent (20%) of the multi-family housing units as affordable
housing for low-income households making at or below sixty percent (60%) of Area
Median Income as provided for in RMC 4-1-220.C.1.c.ii(a); and
8. WHEREAS, the Applicant’s last year of exempted property tax for the Original
Exemption was 2021; and
9. WHEREAS, the Applicant applied to the City for an extended limited property tax
exemption on January 20, 2021; and
10. WHEREAS, the City has determined that the Project will, if operated and
maintained as proposed, satisfy the requirements for an Extended Certificate of Tax
Exemption.
NOW, THEREFORE, the City and Applicant do mutually agree as follows:
1. Agreement to Issue Extended Certificate of Tax Exemption.
The City agrees to file an Extended Certificate of Tax Exemption with the King
County Assessor within forty (40) days of receipt of evidence of recording of this
Agreement, if Applicant has:
a. Continued to successfully operate and maintain the Project in accordance
with the terms of this Agreement and RMC 4-1-220;
b. Filed a request with the City for an Extended Certificate of Tax Exemption
with the Department of Community and Economic Development Administrator
(“Administrator”);
c. Paid the City a fee in the amount of one thousand dollars ($1,000.00); and
d. Met all other requirements provided in RMC 4-1-220 for issuance of the
Extended Certificate of Tax Exemption.
2. Duration of the Property Tax Exemption
Subject to the terms of this Agreement and the requirements of RMC 4-1-220,
the value of improvements qualifying under RMC 4-1-220 is exempt from ad valorem
property taxation for twelve (12) successive years beginning January 1st of the year
AGENDA ITEM #5. b)
Extended Multi-Family Housing Property Tax Exemption Agreement
Liberty Square Apartments 3
immediately following the calendar year of the final year of the Original Exemption,
subject to approval by the King County Department of Assessments.
For the duration of the twelve (12)-year exemption period, the Applicant agrees
to rent at least twenty percent (20%) of the Project’s new multi-family housing units (i.e.,
a minimum of eighteen (18) new multi-family housing units) as affordable housing to low
income households at sixty percent (60%) or less of median income.
The Applicant may use any combination of studio, one (1)-bedroom, two (2)-
bedroom, and/or three (3)-bedroom units to comply with the minimum twenty percent
(20%) requirement above.
If the Project includes more than one (1) building with multi-family housing units,
all of the affordable housing units required above shall not be located in the same
building.
The following definitions apply to the requirements in this Section 2:
a. "Affordable housing" means residential housing that is rented by a low
income household whose monthly housing costs, including rent and utilities other than
telephone, do not exceed thirty percent (30%) of the household's monthly income.
b. "Household" means a single person, family, or unrelated persons living
together.
c. "Low income household" means a single person, family, or unrelated
persons living together whose adjusted income is at or below sixty percent (60%) of the
median income.
d. “Median income” means the median family income adjusted for family size
for King County, as reported by the United States Department of Housing and Urban
Development (HUD). In the event that HUD no longer publishes median income figures
for King County, the City may use or determine such other method as it may choose to
determine the King County median income, adjusted for household size.
3. Annual Certification and Report.
Within thirty (30) days after the first anniversary of the date the City issued the
Extended Certificate of Tax Exemption and each year thereafter for the duration of the
tax exemption period noted in Section 2 above, Applicant agrees to file an annual report
with the Administrator. The report shall contain such information as required by RCW
84.14 and as the Administrator may deem necessary or useful, and shall at a minimum
include the following:
AGENDA ITEM #5. b)
Extended Multi-Family Housing Property Tax Exemption Agreement
Liberty Square Apartments 4
a. A statement of the occupancy and vacancy of the multi-family housing
units during the twelve (12) months ending with the anniversary date;
b. A certification that the multi-family housing units, Project, and Property
have not changed use since the date the City issued the Extended Certificate of Tax
Exemption,
c. A statement that the multi-family housing units, Project, and Property
continue to be in compliance with this Agreement and the requirements of RCW 84.14
and RMC 4-1-220;
d. A description of any improvements or changes to the Project made after
the City issued the Extended Certificate of Tax Exemption;
e. The total monthly rent of each multi-family housing unit rented or the total
sale amount of each multi-family housing unit sold to an initial purchaser during the
twelve months ending with the anniversary date;
f. The income of each renter household at the time of initial occupancy and
the income of each initial purchaser of owner-occupied multi-family housing units at the
time of purchase during the twelve (12) months ending with the anniversary date;
g. A certification that the Project has been and continues to be in compliance
with the affordable housing requirements included in Section 2 above since the date the
City issued the Extended Certificate of Tax Exemption;
h. A breakdown of the number, type, and specific multi-family housing units
rented or sold during the twelve (12) months ending with the anniversary date to meet
the affordable housing requirements included in Section 2 above;
i. Any additional information requested by the City pursuant to meeting any
reporting requirements under RCW 84.14; and
j. Any such further information that the Administrator deems necessary or
useful to evaluate the Applicant’s compliance with this Agreement and the requirements
of RCW 84.14 and RMC 4-1-220.
4. No Violations for Duration of Exemption.
For the duration of the property tax exemption granted under RMC 4-1-220 and
noted in Section 2 above, Applicant agrees that the Project and the Property will have
no violations of applicable zoning requirements, land use regulations, and building and
housing code requirements, including but not limited to the development regulations in
Title IV of the RMC, for which the Department of Community and Economic
AGENDA ITEM #5. b)
Extended Multi-Family Housing Property Tax Exemption Agreement
Liberty Square Apartments 5
Development or its functional successor shall have issued a notice of violation, citation,
or other notification that is not resolved by a certificate of compliance, certificate of
release, withdrawal or otherwise, within the time period for compliance, if any, provided
in such notice of violation, citation, or other notification or any extension of the time
period for compliance granted by the Department of Community and Economic
Development.
5. Notification of Transfer of Interest or Change in Use.
Applicant agrees to notify the Administrator within thirty (30) days of any transfer
of Applicant’s ownership interest in the Project, the Property, or any improvements
made to the Property. Applicant further agrees to notify the Administrator and the King
County Assessor within sixty (60) days of any change of use of any or all of the multi-
family housing units on the Property to another use. Applicant acknowledges that a
change in use may result in cancellation of the property tax exemption and imposition of
additional taxes, interest, and penalty pursuant to State law.
6. Cancellation of Exemption - Appeal.
a. The City reserves the right to cancel the Extended Certificate of Tax
Exemption if at any time the multi-family housing units, the Project, or the Property no
longer complies with the terms of this Agreement or with the requirements of RMC 4-1-
220, or for any other reason no longer qualifies for a property tax exemption.
b. If the property tax exemption is canceled for non-compliance, Applicant
acknowledges that state law requires that an additional real property tax is to be
imposed in the amount of: [a] the difference between the property tax paid and the
property tax that would have been paid if it had included the value of the nonqualifying
improvements, dated back to the date that the improvements became nonqualifying; [b]
a penalty of twenty percent (20%) of the difference calculated under paragraph (a) of
this Section 6; and [c] interest at the statutory rate on delinquent property taxes and
penalties, calculated from the date the tax would have been due without penalty if the
improvements had been assessed without regard to the exemptions provided by
Chapter 84.14 RCW and RMC 4-1-220. Applicant acknowledges that, pursuant to RCW
84.14.110, any additional tax owed, together with interest and penalty, become a lien on
the Property and attach at the time the Property or portion of the Property is removed
from multi-family housing use, and that the lien has priority to and must be fully paid and
satisfied before a recognizance, mortgage, judgment, debt, obligation, or responsibility
to or with which the Property may become charged or liable. Applicant further
acknowledges that RCW 84.14.110 provides that any such lien may be foreclosed in the
manner provided by law for foreclosure of liens for delinquent real property taxes.
AGENDA ITEM #5. b)
Extended Multi-Family Housing Property Tax Exemption Agreement
Liberty Square Apartments 6
c. Upon determining that a tax exemption is to be canceled, the
Administrator shall notify the property owner by certified mail, return receipt requested.
The property owner may appeal the determination in accordance with RMC 4-1-220.L.2.
7. Amendments.
No modification of this Agreement shall be made unless mutually agreed upon by
the parties in writing and unless in compliance with the provisions of RMC 4-1-220.H,
including but not limited to the Applicant’s payment of a five hundred dollars ($500)
contract amendment fee.
8. Binding Effect.
The provisions, covenants, and conditions contained in this Agreement are
binding upon the parties hereto and their legal heirs, representatives, successors,
assigns, and subsidiaries.
9. Recording of Agreement.
The Administrator shall cause to be recorded at the Applicant’s expense, or
require Applicant to record, in the real property records of the King County Recorder’s
Office, this Agreement and any other documents as will identify such terms and
conditions of eligibility for exemption as the Administrator deems appropriate for
recording.
10. Audits and Inspection of Records.
Applicant agrees to maintain, retain, and make available for inspection upon
seven (7) days’ written request from the City, any records pertaining to this Agreement.
Applicant understands and agrees that the City has the right to audit or review
appropriate records to assure compliance with this Agreement and RMC 4-1-220 and to
perform evaluations of the effectiveness of the multi-family housing property tax
exemption program.
11. Notices.
All notices to be given pursuant to this Agreement shall be in writing and shall be
deemed given when hand-delivered within normal business hours, when actually received
by facsimile transmission, or two (2) business days after having been mailed, postage
prepaid, to the parties hereto at the addresses set forth below, or to such other place as a
party may from time to time designate in writing.
AGENDA ITEM #5. b)
Extended Multi-Family Housing Property Tax Exemption Agreement
Liberty Square Apartments 7
APPLICANT:
Kim Loveall Price
Downtown Action to Save Housing
11018 NE 11th St.,
Bellevue WA 98004
Phone: 425-646-9053
CITY: City of Renton
Department of Community and Economic Development
1055 South Grady Way
Renton, Washington 98055
Phone: (425) 430-6592 Fax: (425) 430-7300
Attention: Administrator
15. Severability.
In the event that any term or clause of this Agreement conflicts with applicable
law, such conflict shall not affect other terms of this Agreement which can be given
effect without the conflicting terms or clause, and to this end, the terms of the
Agreement are declared to be severable.
[Signatures and notary acknowledgements appear on the following pages.]
AGENDA ITEM #5. b)
Extended Multi-Family Housing Property Tax Exemption Agreement
Liberty Square Apartments 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year written above.
RENTON FIFTH AND WILLIAMS LIMITED PARTNERSHIP
A Washington Limited Partnership
By: Renton Fifth and Williams, LP, a Washington Limited Partnership
By: DASH Development, LLC, a Washington Corporation, its
general partner.
By: Downtown Action to Save Housing, a Washington non-
profit corporation, its sole member and manager
____________________________
By: Kim Loveall Price
Executive Director
Downtown Action to Save Housing
CITY OF RENTON
____________________________
Armondo Pavone, Mayor
ATTEST:
____________________________
Jason Seth, City Clerk
APPROVED AS TO LEGAL FORM:
____________________________
Shane Moloney, City Attorney
(SM/MPK - Legal Ref #1866)
AGENDA ITEM #5. b)
Extended Multi-Family Housing Property Tax Exemption Agreement
Liberty Square Apartments 9
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this ________ day of _____________________, 202_____, before the
undersigned, a Notary Public in and for the state of Washington, duly commissioned
and sworn, personally appeared before me KIM LOVEALL PRICE, to me known to be
the EXECUTIVE DIRECTOR of DOWNTOWN ACTION TO SAVE HOUSING that
executed the within and foregoing instrument and acknowledged said instrument to be
the free and voluntary act and deed of said party, for the uses and purposes therein
mentioned, and on oath stated that she was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the
day and year first above written.
[notary seal]
NOTARY PUBLIC
Printed Name: ________________
Residing at
My commission expires
AGENDA ITEM #5. b)
Extended Multi-Family Housing Property Tax Exemption Agreement
Liberty Square Apartments 10
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this ________ day of _____________________, 202_____, before the
undersigned, a Notary Public in and for the state of Washington, duly commissioned
and sworn, personally appeared before me Armondo Pavone, to me known to be the
Mayor of the City of Renton, the municipal corporation that executed the within and
foregoing instrument, and acknowledged said instrument to be the free and voluntary
act and deed of said municipal corporation for the uses and purposes therein mentioned
and on oath stated that he was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the
day and year first above written.
[notary seal]
NOTARY PUBLIC
Printed Name: ________________
Residing at
My commission expires
AGENDA ITEM #5. b)
Exhibit A
Extended Multi-Family Housing Property Tax Exemption Agreement
Exhibit A – Legal Description
Liberty Square Apartments i
MULTI-FAMILY HOUSING PROPERTY
TAX EXEMPTION AGREEMENT
EXHIBIT A
LEGAL DESCRIPTION
LOTS 11 THROUGH 17, INCLUSIVE, BLOCK 27, TOWN OF RENTON, ACCORDING TO
THE PLAT THEREOF RECORDED IN VOLUME 1 OF PLATS, PAGE 135, IN KING
COUNTY, WASHINGTON; EXCEPT THE WEST 5 FEET OF SAID LOTS FOR ALLEY
PURPOSES;
(ALSO KNOWN AS ADJUSTED PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT
NUMBER LUA-00-168-LLA, RECORDED UNDER RECORDING NUMBER
20020502900015, IN KING COUNTY, WASHINGTON.)
AGENDA ITEM #5. b)
Extended Multi-Family Housing Property Tax Exemption Agreement
Recording Cover Sheet
Liberty Square Apartments
AFTER RECORDING, MAIL TO:
City Clerk’s Office
City of Renton
1055 S Grady Way
Renton, WA 98055
DOCUMENT TITLE: EXTENDED MULTI-FAMILY HOUSING PROPERTY TAX
EXEMPTION AGREEMENT FOR LIBERTY SQUARE APARTMENTS
REFERENCE NUMBER(S) OF DOCUMENTS RELATED DOCUMENT:
20090622001667
GRANTOR: RENTON FIFTH AND WILLIAMS LIMITED PARTNERSHIP
GRANTEE: CITY OF RENTON
LEGAL DESCRIPTION:
LOTS 11 THROUGH 17, INCLUSIVE, BLOCK 27, TOWN OF RENTON, ACCORDING TO
THE PLAT THEREOF RECORDED IN VOLUME 1 OF PLATS, PAGE 135, IN KING
COUNTY, WASHINGTON; EXCEPT THE WEST 5 FEET OF SAID LOTS FOR ALLEY
PURPOSES;
(ALSO KNOWN AS ADJUSTED PARCEL A, CITY OF RENTON LOT LINE ADJUSTMENT
NUMBER LUA-00-168-LLA, RECORDED UNDER RECORDING NUMBER
20020502900015, IN KING COUNTY, WASHINGTON.)
ASSESSOR’S PROPERTY TAX PARCEL/ACCOUNT NUMBER(S):
723150-2430
The Auditor/Recorder will rely on the information provided on the form. The staff will not
read the document to verify the accuracy or completeness of the indexing information
provided herein.
AGENDA ITEM #5. b)
i
Instructions for Executing the Multi-Family Housing Property Tax Exemption Agreement
for Liberty Square Apartments
1) If RENTON FIFTH AND WILLIAMS LIMITED PARTNERSHIP has not already secured
a City of Renton general business license, please check out the following two webpages and
submit an application ASAP:
https://www.rentonwa.gov/city_hall/administrative_services/finance/tax_and_licensing/busin
ess_license
https://www.rentonwa.gov/cms/one.aspx?portalId=7922741&pageId=9824939
If you have any questions regarding the City of Renton general business license, please
contact the City’s Tax and License Division at 425-430-6851 or licensing@rentonwa.gov.
Please note that the City is unable to execute the Multi-Family Housing Property Tax
Exemption for the project until a Renton general business license is submitted and approved.
2) Please carefully review the Extended Multi-Family Housing Property Tax Exemption
(Exemption) agreement and contact Hannah Bahnmiller at hbahnmiller@rentonwa.gov if you
identify any errors or omissions. In particular, please be sure to check the recording cover
sheet information; the contact information for notices in item #14; the name(s), title(s), and
entity(ies) for the party or parties to sign the agreement; and the legal description included as
Exhibit A.
3) Please execute and notarize both copies of the Exemption agreements at your earliest
convenience. The notary seal must be legible when imaged (i.e., use ink seals or smudge
raised seals). No signature or seal may be in the 1” margin required to record the document.
4) Please leave the date on the first page of the agreements blank at this time. The City Clerk
will enter the date when Mayor Armondo Pavone executes the documents.
5) Please return both copies of the Exemption agreements [plus the check noted below] as soon
as possible to:
Hannah Bahnmiller
City of Renton Department of Equity, Housing, and Human Services
1st Floor City Hall, 1055 S Grady Way
Renton, WA 98055
6) Please include a check made out to the City of Renton calculated following the King County
Recorder’s Office: https://kingcounty.gov/depts/records-licensing/recorders-office.aspx to
cover the estimated expenses to record the Exemption agreement in King County.
7) If you have any questions, please contact Hannah Bahnmiller at hbahnmiller@rentonwa.gov.
AGENDA ITEM #5. b)
AB - 3099
City Council Regular Meeting - 28 Mar 2022
SUBJECT/TITLE: Applicant Resolution/Authorization for the Panther Creek Fish
Passage Barrier Removal at Talbot Road South Project
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Public Works Utility Systems Division
STAFF CONTACT: Jared McDonald, Surface Water Utility Engineer
EXT.: 7293
FISCAL IMPACT SUMMARY:
This Applicant Resolution/Authorization is being requested for a State of Washington Recreation and
Conservation Office Grant application. The amount of funding requested in the grant is $412,500 with a
matching component of $137,500 from the Surface Water Utility Fund 427. This fund has a sufficient
unencumbered balance to fund the grant match requirement. If awarded, the grant agreement will be
submitted to City Council for review and consideration of approval.
SUMMARY OF ACTION:
The Surface Water Utility is pursuing a State of Washington Brian Abbott Fish Barrier Removal Board grant to
design a replacement of the Panther Creek culvert at Talbot Road South. This 42 -inch corrugated metal pipe
culvert is classified as a fish barrier because its outlet is seven feet above the Panther Creek channel. This
funding will be used to design a fish passable crossing of Panther Creek for Talbot Road South. The Surface
Water Utility would hire a qualified consultant to evaluate alternatives for fish passable culverts that conform
to the Water Crossing Design Guidelines published by the Washington Department of Fish and Wildlife. The
grant will be used to fund the professional services agreement to be executed to design the fish passable
crossing. A stream simulation design method will likely be used to create a crossing that maximizes the use of
natural stream processes (such as streambed gravels, pools and riffles, large woody debris). Geotechnical
investigations, hydraulic/hydrologic modeling, and a bridge-type report are anticipated as part of the pre-
design effort to help in sizing the fish passable culvert and in the evaluation of multiple options. The selected
alternative will likely balance cost-effectiveness and environmental benefits. A design package that includes
final construction plans, specifications, and engineer’s cost estimate will be produced for the selected
alternative. The City will seek additional grant funding to support the costs of construction once design is
complete.
This grant program is administered by the State of Washington Recreation and Conservation Office. The grant
application requires an Applicant Resolution/Authorization to be approved by Council. A copy of the grant
application submitted in January 2022 is included as Exhibit C.
EXHIBITS:
A. Applicant Resolution/Authorization
B. Grant Application
C. Resolution
STAFF RECOMMENDATION:
AGENDA ITEM #5. c)
Approve the Applicant Resolution/Authorization for the Brian Abbott Fish Barrier Removal Board grant
application.
AGENDA ITEM #5. c)
Applicant Resolution/Authorization
Organization Name (sponsor) ______________________________________________________________________________
Resolution No. or Document Name________________________________________________________________________
Project(s) Number(s), and Name(s)___________________________________________________________________________
This resolution/authorization authorizes the person(s) identified below (in Section 2) to act as the authorized
representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation
Office (Office).
WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s)
referenced above;
NOW, THEREFORE, BE IT RESOLVED that:
1.Our organization has applied for or intends to apply for funding assistance managed by the Office for
the above “Project(s).”
2.Our organization authorizes the following persons or persons holding specified titles/positions (and
subsequent holders of those titles/positions) to execute the following documents binding our
organization on the above projects:
Grant Document Name of Signatory or Title of Person Authorized to Sign
Grant application (submission thereof)
Project contact (day-to-day administering of the grant and
communicating with the RCO)
RCO Grant Agreement (Agreement)
Agreement amendments
Authorizing property and real estate
documents (Notice of Grant, Deed of Right or Assignment of Rights if
applicable). These are items that are
typical recorded on the property with
the county.
The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the documents indicated. Our organization shall comply with a request from the RCO to provide documentation of persons
who may be authorized to execute documents related to the grant.
AGENDA ITEM #5. c)
3.Our organization has reviewed the sample RCO Grant Agreement on the Recreation and ConservationOffice’s WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf. We
understand and acknowledge that if offered an agreement to sign in the future, it will contain anindemnification and legal venue stipulation and other terms and conditions substantially in the form
contained in the sample Agreement and that such terms and conditions of any signed Agreement shall
be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf.
The Office reserves the right to revise the Agreement prior to execution.
4.Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorizedrepresentative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their
assigned role/document.
5.Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is
purely voluntary on our part.
6.Our organization understands that grant policies and requirements vary depending on the grant
program applied to, the grant program and source of funding in the Agreement, the characteristics of
the project, and the characteristics of our organization.
7.Our organization further understands that prior to our authorized representative(s)/agent(s) executing
any of the documents listed above, the RCO may make revisions to its sample Agreement and that such
revisions could include the indemnification and the legal venue stipulation. Our organization accepts
the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorizedrepresentative(s)/agent(s) as to any revisions to the project Agreement from that of the sample
Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executesthe Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall beconclusively deemed to be executed with our authorization.
8.Any grant assistance received will be used for only direct eligible and allowable costs that arereasonable and necessary to implement the project(s) referenced above.
9.[for Recreation and Conservation Funding Board Grant Programs Only] If match is required for thegrant, we understand our organization must certify the availability of match at least one month before
funding approval. In addition, our organization understands it is responsible for supporting all non-cashmatching share commitments to this project should they not materialize.
10.Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay
us on only a reimbursement basis. We understand reimbursement basis means that we will only requestpayment from the Office after we incur grant eligible and allowable costs and pay them. The Office may
also determine an amount of retainage and hold that amount until all project deliverables, grantreports, or other responsibilities are complete.
11.[for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant
assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to inwriting by our organization and the Office. We agree to dedicate the property in a signed “Deed of
Right” for fee acquisitions, or an “Assignment of Rights” for other than fee acquisitions (whichdocuments will be based upon the Office’s standard versions of those documents), to be recorded on
the title of the property with the county auditor. Our organization acknowledges that any property
AGENDA ITEM #5. c)
acquired in fee title must be immediately made available to the public unless otherwise provided for in policy, the Agreement, or authorized in writing by the Office Director.
12.[for Development, Renovation, Enhancement, and Restoration Projects Only–If our organization ownsthe project property] Our organization acknowledges that any property owned by our organization thatis developed, renovated, enhanced, or restored with grant assistance must be dedicated for the
purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in
writing and per the Agreement or an amendment thereto.
13.[for Development, Renovation, Enhancement, and Restoration Projects Only–If your organization DOESNOT own the property] Our organization acknowledges that any property not owned by ourorganization that is developed, renovated, enhanced, or restored with grant assistance must be
dedicated for the purpose of the grant as required by grant program policies unless otherwise provided
for per the Agreement or an amendment thereto.
14.[Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from theCritical Habitat, Natural Areas, State Lands Restoration and Enhancement, Riparian Protection, or Urban
Wildlife Habitat grant categories; Aquatic Lands Enhancement Account; or the Puget Sound Acquisition
and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization
certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by
the Puget Sound Partnership under RCW 90.71.310.
15.This resolution/authorization is deemed to be part of the formal grant application to the Office.
16.Our organization warrants and certifies that this resolution/authorization was properly and lawfully
adopted following the requirements of our organization and applicable laws and policies and that ourorganization has full legal authority to commit our organization to the warranties, certifications,
promises and obligations set forth herein.
This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s):
Signed ________________________________________________________________________________________________________
Title ________________________________________________________________ Date _____________________________________
On File at:___________________________________________________________________________________________________
This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only):
Location:___________________________________________________________________Date:___________________________
Washington State Attorney General’s Office
Approved as to form _______________________________________________ 2/13/2020_____________________
Assistant Attorney General Date
You may reproduce the above language in your own format; however, text may not change.
AGENDA ITEM #5. c)
PROJECT: 21-1504 PLAN, PANTHER CREEK BARRIER REMOVAL - TALBOT ROAD
Sponsor: Renton City of Program: BA Fish Barrier Removal Board Status: Application Submitted
Project Application Report
Parties to the Agreement
PRIMARY SPONSOR
City of Renton
Address
City State Zip
Org Type
Vendor #
UBI
Date Org created
Org Notes link to Organization profile
Org data updated
1055 S Grady Way
Renton WA 98057
City/Town
SWV0012200-00
SECONDARY SPONSORS
No records to display
Project Contacts
Contact Name
Primary Org Project Role Work Phone Work Email
Josh Lambert
Rec. and Conserv. Office Project Manager (360) 867-8781 Josh.Lambert@rco.wa.gov
Jared McDonald
Renton City of (425) 430-7293 jmcdonald@rentonwa.gov
Joe Farah
Renton City of (425) 430-7248 Jfarah@Rentonwa.gov
Project Contact
Alt Project Contact
Worksites & Properties
#Worksite Name
#1 Talbot Road S - Panther Creek
Planning Property Name
City of Renton, WA
Worksite Map & Description
Worksite #1: Talbot Road S - Panther Creek
WORKSITE ADDRESS
Street Address
City, State, Zip
3901 Talbot Road S
Renton WA 98055
Page 1 of 14 03/04/2022
AGENDA ITEM #5. c)
Worksite Details
Worksite #1: Talbot Road S - Panther Creek
SITE ACCESS DIRECTIONS
Reference or source used
Questions
#1:Does the proposed fish passage barrier have a Fish Passage Diversion Screening Inventory Site ID? WDFW Fish
Passage Map
#1a:What is the FPDSI ID?
#2:Give street address or road name and mile post for this worksite if available.
#3:For targeted ESU species you listed in the grid above that will benefit from this project, is presence documented or
presumed? (Please identify source of this information)
#4:If chinook are present, are the stocks important to Southern Resident Killer Whales (SRKW)? SRKW Priority
Chinook Stocks Report
Street parking north of Panther Creek along Talbot Road S is available.
TARGETED ESU SPECIES
Species by ESU Egg Present Juvenile Present Adult Present Population Trend
Coho-unidentified Unknown
Chum-unidentified Unknown
Steelhead-unidentified Unknown
Documented by WDFW Salmonscape database. Accessed at
http://apps.wdfw.wa.gov/salmonscape/map.html in December 2019. Documented by
WDFW Fish Passage and Diversion Screening Inventory Database.
TARGETED NON-ESU SPECIES
Species by Non-ESU Notes
Searun Cutthroat
Unknown
Documented by WDFW Fish Passage and Diversion Screening Inventory
Database.
Resident Trout would have access to more habitat. Documented by WDFW
Fish Passage and Diversion Screening Inventory Database.
Yes
931933
3901 Talbot Road S
Renton, WA 98055
At Panther Creek crossing between S 38th Ct and S 177th St
The targeted ESU species (Coho, Chum, Steelhead) that will
benefit from this project listed in the above grid is documented in
the following:
1) WDFW Fish Passage and Diversion Screening Inventory
Database, FPDSI ID: 931933 (Coho & Fall Chum)
2) WDFW Salmonscape database (Coho & Steelhead)
No chinook are present at this time.
Project Application Report - 21-1504
Page 2 of 14 03/04/2022
AGENDA ITEM #5. c)
RELATED PROJECTS
Related Project Notes
Questions
#1:Is the project on State Owned Aquatic Lands? Please contact the Washington State Department of Natural Resources
to make a determination. Aquatic Districts and Managers
Project Location
Projects in PRISM
PRISM
Number Project Name Current Status Relationship Type Notes
No related project selected
No
N/A
Property Details
Property: City of Renton, WA (Worksite #1: Talbot Road S - Panther Creek)
Project Application Report - 21-1504
Page 3 of 14 03/04/2022
AGENDA ITEM #5. c)
Project Questions
#1:Is the targeted structure federally owned?
#2:Is any part of the scope of work included in this application required as mitigation for another project or action or court
injunction? E.g. FERC relicensing, Habitat Conservation Plan, legal settlement, culvert injunction, etc.
#3:Are there total barriers to fish passage downstream of the proposed project?
#4:Are there anadromous species that currently or historically use the stream where this project is proposed to occur?
#5:When was the last barrier evaluation and downstream check conducted for the proposed barrier correction
worksite(s)? Please provide an overview of the barrier evaluation and downstream check results (for example: The
existing culvert was evaluated in 2014 and determined to be a 33% passable slope barrier. There are no barriers
downstream.)
#6:Are you planning on using the Fish Habitat Enhancement Project (FHEP) Streamlining Process ? If no, please let us
know why.
Project Proposal
Project Description
The City of Renton will use the BAFBRB Grant for planning funds to hire a consultant and properly evaluate and design the
removal of an existing barrier along Panther Creek, a 42-in diameter corrugated metal pipe (CMP) that is located under
Talbot Rd S in the city right-of-way. The CMP is a barrier due to frequent debris accumulation at the culvert inlet and a
drop of approximately 7 ft. at the culvert outlet. Currently this barrier has been designated as 0% passable by the WDFW
Fish Passage and Diversion Screening Inventory Database. The removal of this fish barrier would give fish access to a
large ravine east of the road. This ravine has significant forested buffers that would promote favorable habitat and is
protected by a City of Renton Critical Areas Ordinance. Making the Talbot Road S culvert crossing fish passable would
provide great benefit to Endangered Species Act listed anadromous species (Winter Steelhead), as well as other
anadromous salmonids (Coho and Fall Chum)b y enabling them to migrate nearly 1,400 feet farther up Panther Creek.
With support from WRIA 9, the City of Renton has identified the 42-inch CMP barrier as high priority issue. This project
builds upon the improvements made by WSDOT with the Thunder Hills Creek Mitigation Fish Barrier Retrofit Project and
the 84-inch culvert installed by WSDOT at the SR-167 crossing, both built in 2012. The purpose of this project is a key
strategy identified in the WRIA 9 2005 Green/Duwamish Salmon Habitat Plan.
No
No
No
Yes
The last barrier evaluation and downstream check performed by
WDFW was on 4/11/2016. A WDFW Fish Passage and
Diversion Screening Inventory Assessment found the culvert to
have a passability of 0%, due to a 7 ft outlet drop. A downstream
survey was done on 4/12/2016 and found a series of wetlands
downstream of the culvert crossing, ID 931933. From there the
stream runs under SR 167 and out to Springbrook Creek. Renton
last did a CCTV of the culvert on 9/13/2018, confirming 0%
passability.
No The City of Renton does not intend on using the FHEP
Streamlining Process because as a City led Public Works project
we won't incur local fees. Also, since Talbot Rd S services the
Valley Medical Center (our local hospital) we intend to use SEPA
as a tool to inform the public of the project.
Evaluation Criteria
Project Application Report - 21-1504
Page 4 of 14 03/04/2022
AGENDA ITEM #5. c)
#1:CONTRIBUTE TO RECOVERY PLAN How does the proposed project contribute to an approved recovery plan?
#2:HABITAT AND ADDITIONAL BENEFITS Upstream and downstream habitat conditions, and how project contributes to
other recovery benefits.
The City of Renton is committed to improving and protecting one of our most valuable resources,
local watersheds. As discussed in questions 8 & 9, Renton is identifying opportunities to partner with
local organizations and state agencies to remove barriers and improve habitat along Panther Creek.
While this project has a very high standalone value in terms of removal of a complete barrier and
opening access, improvements are being planed downstream of this project site, making this project
a key component of an over an overall recovery plan aimed at providing fish passage for
anadromous species from the Green River all the way to Panther Lake.
WRIA 9 has provided its support for the Panther Creek Barrier Removal Project at Talbot Rd S (see
attached WRIA 9 Letter of Support). WRIA 9 has noted that this barrier is key for their recovery
plan, "2021 Green/Duwamish Salmon Habitat Plan Update" by restoring and improving fish passage.
Panther Creek is classified by the City of Renton as a Type F stream according to the State's
Permanent Water Typing System. This type is comprised of waters that are known to be used by
fish or meet the physical criteria to be potentially used by fish. The Panther Creek Barrier Removal-
Talbot Road S Project proposes to remove the one barrier located at the culvert crossing at Talbot
Rd S. The existing culvert crossing at Talbot Road S, shown in APE_Fig 1, is a 42-inch diameter
corrugated metal pipe. This culvert is a barrier due to frequent debris accumulation at the culvert
inlet and a drop of approximately 7 feet at the culvert outlet. Currently this barrier has been
designated as 0% passable by the WDFW Fish Passage and Diversion Screening Inventory
Database. Additionally, access to the culvert is difficult due to heavy vegetation and steep slopes,
which negatively affects the proper maintenance inspection of the culvert. This reinforces the need
for a fish passable culvert.
The removal of this fish barrier at Talbot Road S would open up fish access to a large ravine east of
the road. This ravine has significant forested buffers and is protected by a City of Renton Critical
Areas Ordinance. This ravine promotes favorable habitat conditions through shade and logs (photos
attached).
Making the Talbot Road S culvert crossing fish passable would provide great benefit to anadromous
species as it enables them to migrate nearly 1,400 feet farther up Panther Creek to just upstream of
SE Carr Road, where another 5,400 feet can be accessed if the barrier at the location (constructed
dam) were to be removed. See Attachment B .
Fish barrier removal at Talbot Road S would tie into the Thunder Hills Creek Mitigation Fish Barrier
Retrofit Project constructed by WSDOT and into the fish passable 84-inch culvert installed by
WSDOT at the SR-167 crossing. Both of these projects were completed in 2012. The improvements
at Talbot Road S would thus build on the improvements already made downstream. See Attachment
C.
The type and quality of obstructed habitat that would be made available to anadromous species
includes approximately 1,400 feet of forested habitat. This section of Panther Creek has great
canopy cover with logs dispersed throughout the creek for additional places of protection. Panther
Creek has an approximate slope of 4% with spawning gravel available throughout. Panther Creek
maintains flow throughout the year and the additional 1,400 feet would provide desirable conditions
for juvenile salmonids. Additionally, this stretch of Panther Creek has significant forested buffers that
are protected by a City of Renton Critical Areas Ordinance. See the Upstream Survey performed on
4/12/16 in the attached WDFW Fish Passage and Diversion Screening Inventory Database for more
information.
In the habitat survey conducted in April 2016, WDFW staff noted that the water quality downstream
of this fish passage barrier may not be favorable towards habitat. The Surface Water Utility has
noted this problem as well and has already identified future projects that would improve downstream
water quality. First, the Black River Pump Station Upgrades, managed by King County, will
significantly improve fish passage and access to Springbrook Creek. Such upgrades are expected
to be completed by 2024. The City of Renton has also submitted proposals to WRIA 9 in order to
include the East Valley Road Culvert Replacement Project, and the Springbrook Creek Banks
Rehabilitation Project to its habitat plan. These projects would add vegetation to the banks of
Springbrook Creek to provide shade and rearing, and would promote better streamflow in Panther
Creek through the East Valley road culvert, thereby reducing stagnation and eutrophication in the
reach downstream of SR-167. Most recently, Renton and WSDOT have been coordinating about a
partnership to improve the conveyance capacity and habitat conditions through Panther Creek
between SR-167 and Springbrook Creek to enable fish passage all the way up to Rolling Hills Creek.
Approximately $500K was allocated towards this project in Surface Water's budget for 2022. These
projects would promote the return of anadromous species to Panther Creek and, when paired with
the barrier removal at Talbot Road S, would provide a continuous fish habitable and passable system
from the Green River to the project site.
An as-built drawing of the existing Talbot Road S culvert is attached (see attachment A).
Project Application Report - 21-1504
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AGENDA ITEM #5. c)
#3:PROJECT DESIGN Describe how well the project will be designed.
#4:CLIMATE CHANGE Describe how the project addresses the anticipated effects of climate change.
The design of the Panther Creek Barrier Removal -Talbot Rd S Project has not started.
The City of Renton and the Green/Duwamish & Central Sound Watershed (WRIA 9) have
designated the Talbot Road S culvert a critical barrier to available spawning habitat for anadromous
species. The City of Renton will closely work with all stakeholders, including WDFW and the Muckleshoot Indian Tribe, to identify,
design, and construct the most feasible and effective crossing that would provide passage to Coho, Fall Chum, and Steelhead. This
project would remove one of the four remaining upstream barriers to waterways tributary to Panther Creek, as noted by the WDFW
Fish Passage website. If awarded planning funds, the City of Renton would hire an experienced consultant to evaluate the crossing
while conforming to the Water Crossing Design Guidelines provided by WDFW. Our design team would ensure a stream simulation
design method was used to create a crossing with natural stream processes. We would ensure that the following processes and
functions were evaluated, as noted in the Water Design Guidelines:
-Flood flow conveyance
-Transport of wood
-Sediment transport
-Fish passage
-Low flow continuity
-Hydraulic diversity
-Margin habitat
-Sediment graduation continuity
From the design team's studies (Geotech Report, Hydraulic/Hydrologic Modeling, Bridge Report,
Etc.) and evaluation of at least three different options, our design team would select the most
environmentally and economically beneficial option and complete a full design package with
specifications, cost estimate and plans. After completion the City of Renton would be prepared to
move the project into the next phase: Restoration.
The project would provide 1,400 feet of forested habitat upstream. This section of Panther Creek has
high canopy cover with large woody material throughout. This section of creek has a slope of 4%
with spawning gravel and pools. This project would provide function habitat for juvenile
salmonids/steelhead. The water quality downstream of the project site has been noted as poor, so
access to the upper watershed is important to fish. Renton is in coordination with WRIA 9 and
WSDOT to improve the habitat downstream.
There is another barrier (constructed dam) located upstream at SE Carr Rd. The removal of the
Talbot Rd S barrier would provide further justification for removing the last remaining barrier on
Panther Creek which would provide an additional 5,400 feet of functioning spawning/rearing habitat.
The Panther Creek Barrier Removal - Talbot Road S Project accommodates climate change effects
by providing additional spawning habitat for salmon, which is vital to the Pacific Northwest
ecosystem. As main channel habitat is increasingly affected by climate change and increased
temperature, tributary and off channel habitat, away from the urban core becomes more important.
This project is one of many that will offset the effects of climate change and possibly protect
endangered species like orcas by providing favorable habitat for their main food source.
Project Application Report - 21-1504
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AGENDA ITEM #5. c)
#5:COST-EFFECTIVE AND BIOLOGICAL BENEFIT Describe how the project is cost-effective in terms of cost and
biological benefit.
#6:SPONSOR’S EXPERIENCE Describe the sponsor’s experience managing this type of project and other projects where
the sponsor has successfully used a similar approach.
#7:PROJECT READINESS Describe the level of readiness of the proposed project.
The anticipated cost of a full design (planning fund) of the Panther Creek Barrier Removal - Talbot
Road S Project is $550,000. At this time the City of Renton is not requesting for the restoration
portion of the project. The anticipated costs include:
City of Renton Staff:
-Project Management
-30/60/90% Design Reviews
-Utility Coordination
-Possible acquisition of Temporary Construction Easement
-Permitting Coordination
Hired Consultant:
-Survey
-Hydrologic and Hydraulic Modeling / Stream Simulation
-Geotechnical Study
-Permitting (Section 404), Hydraulic Project Approval & Cultural Resources Report
-Construction Access Acquisition
-Type, Size, Location Report for Bridge Project
-Preliminary Analysis
-Engineering Design: CAD & Plans
-Specifications
-Cost Estimate
-Project Management
The City of Renton believes that $550,000 for a final bid package to remove the Panther Creek
barrier at Talbot Rd S is cost effective and provides long term biological benefit. By only completing
the design at the initial stage of this project, the City of Renton and FBRB can ensure that adequate
solutions are explored prior to committing construction dollars. With the culvert being 25 feet below
the surface of the street and limited access to the inlet and outlet there are significant construction
constraints to make this crossing fish passable. Focusing on design will allow our groups to ensure
the most biologically beneficial solution is selected and give us time to acquire sufficient funding. If
we committed funds at this time for construction we would run the risk of not having enough funding
or committing funding in excess of the City's need. Detailed construction cost estimates will be
provided by the design team as a basis for future funding requirements.
The Surface Water Utility section at the City of Renton completes multiple capital improvements
projects each year and understands the need to be efficient, both in schedule and budget, while
providing a quality product. The City of Renton Surface Water utility section has designated a
project manager with a PE license and with 10+ years of civil engineering experience and 5+ years
of project management experience. This project manager has worked on stormwater projects his
entire career and has completed dozens of projects by taking them from design all the way through
construction.
The City of Renton is prepared/ready to design and put together a construction bid package for the
Panther Creek Barrier Removal - Talbot Road S Project. As noted above, the Surface Water Utility
section has designated a project manager to administer this project if awarded a grant to execute it.
The Surface Water Utility has already collected as-built information on the existing culvert
(Attachment A) and performed a CCTV on the culvert to assess its current condition. We have also
evaluated impacts to neighboring property owners in preparation for coordination efforts needed to
secure construction easements.
If planning funding is awarded, the City of Renton would hire a qualified consultant to lead a
successful design effort to identify the most feasible and effective option to remove the barrier at
Talbot Road S, and prepare construction drawings. As the owner of the existing culvert and the
largest stakeholder in the successful completion of the project, the city’s team would be actively
involved in the project and lead coordination efforts with other stakeholders. This includes executing
temporary construction easement agreements with adjacent properties and coordinating with state
and federal agencies (WDFW, Muckleshoot Indian Tribe, Department of Ecology, US Army Corps
of Engineers, etc.) in order to secure the needed permits and execute the project to their
satisfaction. The Surface Water Utility also secured the support of WRIA 9 to complete this project
(see attached WRIA 9 letter).
The Surface Water Utility’s matching fund for this project, which amounts to $137,500, will be paid
from its Capital Improvement Program – Small Drainage Problems line item. Such amount of funding
will be allocated to this project as part of the 2023 budget adjustment.
Project Application Report - 21-1504
Page 7 of 14 03/04/2022
AGENDA ITEM #5. c)
#8:GEOGRAPHIC COORDINATION Briefly describe other barrier correction or fish habitat restoration projects which
have occurred since 2010 or are funded for implementation by 2025.
#9:ORGANIZATION COORDINATION Does your project coordinate with another fish passage project in this watershed by
sharing development, funding, or other activities?
The City of Renton is coordinating with King County, WSDOT, and WRIA 9 to make improvements
to Panther Creek and the downstream watershed of Springbrook Creek, Black River, and
Green/Duwamish River. Below are list of restoration projects:
Project: Thunder Hills Creek Mitigation Fish Barrier Retrofit Project / 84-inch culvert – Recently
Completed (within HUC-12)
Description: Constructed a fish passable crossing at SR-167.
Project: Black River Pump Station Fish passage Improvement Upgrades (within HUC-12)
Description: Upgrades to allow for better fish passage at the pump station. Expected to be
completed by 2024.
Project: Rolling Hills Creek to Springbrook Creek Fish Passage Improvement Project (within HUC-
12)
Description: The City of Renton and WSDOT are in the exploratory stage for a joint project that
would improve the Panther Creek channel between SR-167 and Springbrook Creek, by enlarging the
cross section and replacing the existing culverts, so that the Panther Creek channel along SW 23rd
St is both fish passable and capable of accommodating flows from Royal Hills Creek.
Project: Springbrook Creek Banks Rehabilitation Project (within HUC-12)
Description: Add vegetation to the banks of Springbrook creek to provide shade and rearing for
anadromous species. This project was added to the WRIA 9 2020 Salmon Recovery Plan update,
and the City will submit for a grant when there’s a proper opportunity.
See attached "FBRB Level of Coordination" document for more information.
At this time there is no other project that coordinate with another fish passage project in this
watershed.
Project Application Report - 21-1504
Page 8 of 14 03/04/2022
AGENDA ITEM #5. c)
Planning Metrics
Worksite: Talbot Road S - Panther Creek (#1)
DESIGN FOR FISH PASSAGE
Final design and permitting for fish passage
Total Cost for final design and permitting
Miles of stream to be made accessible from proposed project
Name of Plan
Passage Problem
Passability
Additional barriers
CULTURAL RESOURCES
Cultural resources
Total cost for Cultural resources
Acres surveyed for cultural resources
PERMITS
Obtain permits
Total cost to Obtain permits
Number of permits required for implementation of project
$475,000
1.29
Plan Name: 2005 Green/Duwamish
Salmon Habitat Plan, Making Our
Watershed Fit for a King" Author: WRIA 9
(Salmon Havitat Plan, WRIA 9, 2005, p. 3-
20)
Note: See WRIA 9 Letter of Support under
attachments.
Water surface drop
0% (Complete)
No downstream barriers are identified. The
following fish passage diversion screening
inventory sites are upstream barriers: ID #
601580, 0% Passable ID # 892151, 0%
Passable ID # 931929, 33% Passable ID#
997645, 33% Passable
$25,000
1.50
$50,000
6
Overall Project Metrics
COMPLETION DATE
Projected date of completion
PRIORITY WATERSHED
Select the priority watershed the proposed project is located. If N/A select None.
Watershed Priority
07/31/2025
Note: Based upon 2 years after award
date of July, 2023.
None
N/A
Project Application Report - 21-1504
Page 9 of 14 03/04/2022
AGENDA ITEM #5. c)
Planning Cost Estimates
Worksite #1: Talbot Road S - Panther Creek
Summary
Category Work Type Estimated Cost Note
Cultural Resources Cultural resources
Design for Fish Passage Final design and permitting for fish
passage
Permits Obtain permits
Subtotal:
Total Estimate For Worksite:
$25,000
$475,000
$50,000
$550,000
$550,000
Total Estimated Costs:
Total Estimated Planning Costs:
$550,000
$550,000
Cost Summary
Estimated Cost Project %Admin/AA&E %
Planning Costs
Planning
SUBTOTAL
Total Cost Estimate
$550,000
$550,000 100.00 %
$550,000 100.00 %
Funding Request and Match
FUNDING PROGRAM
SPONSOR MATCH
Match Total:
Total Funding Request (Funding + Match):
BA Fish Barrier Removal Board $412,500 75.000000 %
OTHER MONETARY FUNDING APPROPRIATION - LOCAL
Amount
Funding Organization
$137,500.00
City of Renton
$137,50025.000000 %
$550,000100.000000 %
Cultural Resources
Worksite #1: Talbot Road S - Panther Creek
#1:Describe any planned ground disturbing pre-construction/restoration work. This includes geo-technical investigation,
fencing, demolition, decommissioning roads, etc.
#2:Describe the existing project area conditions. The description should include existing conditions, current and historic
land uses and previous excavation/fill (if depths and extent is known, please describe).
For this phase of the project, design, there will be a geo-technical
investigation, cultural resources exploration, and potholing.
Geotechnical Explorations are will be 8 to 12 inches in diameter
and a cultural resources consultant will be on-site during
exploration activity. Explorations will be abandoned and sealed in
accordance with the Department of Ecology and City of Renton
Regulations.
Project Application Report - 21-1504
Page 10 of 14 03/04/2022
AGENDA ITEM #5. c)
#3:Will a federal permit be required to complete the scope of work on the project areas located within this worksite?
#3a :List the agency that will be issuing the permit and the date you anticipate applying for and receiving the permit.
Will the federal permit cover ALL proposed ground disturbing activities included in the project?
#4:Are you utilizing Federal Funding to complete the scope of work? This includes funds that are being shown as match
or not.
#5:Do you have knowledge of any previous cultural resource review within the project boundaries during the past 10
years?
#6:Are there any structures over 45 years of age within this worksite? This includes structures such as buildings,
tidegates, dikes, residential structures, bridges, rail grades, park infrastructure, etc.
The existing conditions at the Panther Creek crossing at Talbot Rd
S is comprised of an embankment that filled the creek ravine with
soil to allow for Talbot Road S to be constructed. To accommodate
Panther Creek a 42-inch culvert was placed through the built
roadway. The fill is approximately 25-35 feet based on record
drawings. The roadway width is approximately 50 feet with steep
drop-offs on both sides down to Panther Creek. The slope from
the road to the creek ranges up to 65%.
Yes
1) Cultural Assessment -Section 106
a)ACHP
2)Dredge/Fill Permit - Section 404
a)EPA
3)Endangered Species Act Compliance
a)U.S. Fish and Wildlife
4) Water Quality Certification - Section 401
a) EPA
These permits in addition to SEPA and HPA will cover all
proposed ground disturbing activities included in the
project. We anticipate to get the permits prior to the
completion of design, December 2023.
No N/A
No N/A
No N/A
Project Application Report - 21-1504
Page 11 of 14 03/04/2022
AGENDA ITEM #5. c)
Project Permits
Permits and Reviews Issuing Organization Applied Date
Received
Date
Expiration
Date Permit #
Note: Will acquire Cultural Assessment during design phase.
Note: Will acquire Dredge/Fill Permit during design phase.
Note: Will acquire Endangered Species Act Compliance during design
phase.
Note: Will acquire Hydraulics Project Approval during design phase.
Note: Will acquire SEPA during design phase.
Note: Will acquire Water Quality Certification during design phase.
Cultural Assessment [Section 106]DAHP TBD
Dredge/Fill Permit [Section 10/404 or 404]Army Corps of Eng.TBD
Endangered Species Act Compliance [ESA]US Fish & Wildlife TBD
Hydraulics Project Approval [HPA]Dept of Fish & Wildlife TBD
SEPA Local or State TBD
Water Quality Certification [Section 401]County/Dept of Ecy.TBD
Project Application Report - 21-1504
Page 12 of 14 03/04/2022
AGENDA ITEM #5. c)
Attachments
PHOTOS (JPG, GIF)
Photos (JPG, GIF)
# 428374 # 428375 # 428376 # 428377
PROJECT DOCUMENTS AND PHOTOS
Project Documents and Photos
Required Attachments 5 out of 5 done
Applicant Resolution/Authorizations
Cost Estimate
Map: Planning Area
Photo
WDFW barrier & screening forms
File
Type
Attach
Date Attachment Type Title Person
File Name, Number
Associations Shared
JaredM Project Application Report - 21-1504
(submitted 01-12-2022_15-04-30).pdf,
496813
JaredM Cost Estimate.xlsx, 496523
JaredM WRIA 9 Letter of Support.pdf, 496520
MarkJ Project APE Report - 20-1794 (11-01-
2021_15-54-56).pdf, 490153
MarkJ Project Cultural Resource Screening
Report - 20-1794 (11-01-2021_15-54-
55).pdf, 490152
AliceR 20-1794 revised APE map.pdf, 462890
JoshL Project Review Comments Report - 20-
1794 (accepted 07-21-2020_13-47-
50).pdf, 439237
JoeF Resolution 4412.pdf, 437880
JaredM Applicant Authorization Resolution
Status.pdf, 434544
JaredM FBRB Level of Coordination.pdf, 429586
JaredM WDFW Barrier & Screening Forms.pdf,
428409
JaredM Map-Planning Area_Attach C.pdf,
428383
JaredM Map-Planning Area_Attach B.pdf,
428382
JaredM DSCN0453.jpg, 428377
JaredM DSCN0450.jpg, 428376
JaredM DSCN0447.jpg, 428375
JaredM DSCN0437.jpg, 428374
JaredM Photos.pdf, 428373
JaredM Responses to Request for Proposal
Questions.pdf, 428370
01/12/2022 Project Application Report Project Application Report, 21-1504P
(sub 01/12/22 15:04:30)
01/12/2022 Cost Estimate Cost Estimate.xlsx
01/12/2022 Letters of Support WRIA 9 Letter of Support.pdf
11/01/2021 Map: Area of Potential Effect (APE)Project APE Report (11/01/21 15:54:56)
11/01/2021 Cultural Resource Screening Report Project Cultural Resource Screening
Report (11/01/21 15:54:5
02/12/2021 Map: Area of Potential Effect (APE)20-1794 revised APE map
07/21/2020 Project Review Comments Project Review Comments Report, 20-
1794P(accepted 07/21/20 1
07/09/2020 Applicant Resolution/Authorizations Resolution 4412.pdf
06/17/2020 Applicant Resolution/Authorizations Applicant Authorization Resolution
Status.pdf
05/28/2020 FBRB Level of Coordination FBRB Level of Coordination.pdf
05/27/2020 WDFW barrier & screening forms WDFW Barrier & Screening Forms.pdf
05/27/2020 Map: Planning Area Map-Planning Area_Attach C.pdf
05/27/2020 Map: Planning Area Map-Planning Area_Attach B.pdf
05/27/2020 Photo DSCN0453.JPG
05/27/2020 Photo DSCN0450.JPG
05/27/2020 Photo DSCN0447.JPG
05/27/2020 Photo DSCN0437.JPG
05/27/2020 Visuals Photos - With Captions.pdf
05/27/2020 Responses to Request for Proposal
Questions
Responses to Request for Proposal
Questions.pdf
RCO Staff Scores
Project Application Report - 21-1504
Page 13 of 14 03/04/2022
AGENDA ITEM #5. c)
Criteria Score
Score
Range Basis Applicant Challenge RCO Response
Accessibility Weighted
Habitat
0.0 to 10.0
Chinook Benefit SRKW 0.0 to 8.0
Downstream Barriers 0.0 to 10.0
FBRB Priority
Watershed
0.0 to 20.0
Miles Made Accessible 0.0 to 15.0
Passability of Barrier 0.0 to 10.0
Species Benefiting 0.0 to 7.0
Application Status
Application Due Date: 01/13/2022
I certify that to the best of my knowledge, the information in this application is true and correct. Further, all application
requirements due on the application due date have been fully completed to the best of my ability. I understand that if this
application is found to be incomplete, it will be rejected by RCO. I understand that I may be required to submit additional
documents before evaluation or approval of this project and I agree to provide them. (Jared McDonald, 01/12/2022)
Date of last change: 01/12/2022
Status Name Status Date Submitted By Submission Notes
Application Submitted 01/12/2022 Jared McDonald
Preapplication 12/27/2021
Project Application Report - 21-1504
Page 14 of 14 03/04/2022
AGENDA ITEM #5. c)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
SUBMISSION OF AN APPLICATION FOR GRANT FUNDING ASSISTANCE FOR A
BRIAN ABBOTT FISH BARRIER REMOVAL BOARD PROJECT TO THE RECREATION
AND CONSERVATION FUNDING BOARD AS ESTABLISHED BY RCW 77.95.160 FOR
THE PANTHER CREEK BARRIER REMOVAL – TALBOT ROAD SOUTH PROJECT.
WHEREAS, the Public Works Stormwater Utility is pursuing a Brian Abbott Fish Barrier
Removal (“BAFBRB”) grant from the State of Washington Recreation and Conservation Office
(“RCO” or the “Office”) to remove the Panther Creek fish barrier at the Talbot Road South
crossing (“Project”); and
WHEREAS, the barrier is caused by a decaying 36” pipe that outfalls seven feet above
Panther Creek; and
WHEREAS, under provisions of the BAFBRB, state grant assistance is requested by the City
to aid in financing the cost of designing the fish passable crossing for Panther Creek at the Talbot
Road South crossing; and
WHEREAS, the City considers it to be in the best public interest to complete the Project;
and
WHEREAS, the City has previously applied for grant funding for the Project, for which the
City Council passed Resolution No. 4412 on July 6, 2020; and
WHEREAS, the previous application was denied by RCO; and
WHEREAS, RCO requires a new resolution be passed authorizing a subsequent grant
application;
AGENDA ITEM #5. c)
RESOLUTION NO. ________
2
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The City intends to apply for funding assistance managed by the Recreation
and Conservation Office (“RCO” or the “Office”) for the above “Project.”
SECTION II. The City authorizes the following persons or persons holding specified
titles/positions (and subsequent holders of those titles/positions) to execute the following
documents binding the City on the Project:
Grant Document Name of Signatory or Title of Person
Authorized to Sign
Grant application (submission
thereof)
Project Manager (Civil Engineer III) – Jared McDonald, PE
Project contact (day-to-day
administering of the grant and
communicating with the RCO)
Project Manager (Civil Engineer III) – Jared McDonald, PE
RCO Grant Agreement (Agreement) Mayor – Armondo Pavone
Agreement amendments Mayor – Armondo Pavone
Authorizing property and real estate
documents (Notice of Grant, Deed
of Right or Assignment of Rights if
applicable). These are items that are
typical recorded on the property
with the county.
Mayor – Armondo Pavone
The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the
documents indicated. The City shall comply with a request from the RCO to provide
documentation of persons who may be authorized to execute documents related to the grant.
SECTION III. The City has reviewed the sample RCO Grant Agreement on the Recreation
and Conservation Office’s WEB SITE at:
https://rco.wa.gov/wp‐content/uploads/2019/06/SampleProjAgreement.pdf.
AGENDA ITEM #5. c)
RESOLUTION NO. ________
3
The City understands and acknowledges that if offered an agreement to sign in the future,
it will contain an indemnification and legal venue stipulation and other terms and conditions
substantially in the form contained in the sample Agreement and that such terms and conditions
of any signed Agreement shall be legally binding on the sponsor if the City’s representative/agent
enters into an Agreement on the City’s behalf. The Office reserves the right to revise the
Agreement prior to execution.
SECTION IV. The City acknowledges and warrants, after conferring with its legal
counsel, that its authorized representative(s)/agent(s) have full legal authority to act and sign on
behalf of the City for their assigned role/document.
SECTION V. Grant assistance is contingent on a signed Agreement. Entering into any
Agreement with the Office is purely voluntary on the part of the City.
SECTION VI. The City understands that grant policies and requirements vary depending
on the grant program applied to, the grant program and source of funding in the Agreement, the
characteristics of the project, and the characteristics of the City.
SECTION VII. The City further understands that prior to the City’s authorized
representative(s)/agent(s) executing any of the documents listed above, the RCO may make
revisions to its sample Agreement and that such revisions could include the indemnification and
the legal venue stipulation. The City accepts the legal obligation that the City shall, prior to
execution of the Agreement(s), confer with the City’s authorized representative(s)/agent(s) as to
any revisions to the project Agreement from that of the sample Agreement. The City also
acknowledges and accepts that if the City’s authorized representative(s)/agent(s) executes the
AGENDA ITEM #5. c)
RESOLUTION NO. ________
4
Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall
be conclusively deemed to be executed with the City’s authorization.
SECTION VIII. Any grant assistance received will be used for only direct eligible and
allowable costs that are reasonable and necessary to implement the Project.
SECTION IX. If match is required for the grant, the City understands that the City must
certify the availability of match at least one month before funding approval. In addition, the City
understands it is responsible for supporting all non‐cash matching share commitments to this
project should they not materialize.
SECTION X. The City acknowledges that if it receives grant funds managed by the Office,
the Office will pay the City on only a reimbursement basis. The City understands reimbursement
basis means that the City will only request payment from the Office after the City incurs grant
eligible and allowable costs and pays them. The Office may also determine an amount of
retainage and hold that amount until all project deliverables, grant reports, or other
responsibilities are complete.
SECTION XI. The City acknowledges that any property owned by the City that is
developed, renovated, enhanced, or restored with grant assistance must be dedicated for the
purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or the
Office in writing and per the Agreement or an amendment thereto.
SECTION XII. The City certifies the following: the Project does not conflict with the Puget
Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310.
SECTION XIII. This resolution/authorization is deemed to be part of the formal grant
application to the RCO.
AGENDA ITEM #5. c)
RESOLUTION NO. ________
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SECTION XIV. The City warrants and certifies that this resolution/authorization was
properly and lawfully adopted following the requirements of the City and applicable laws and
policies and that the City has full legal authority to commit it to the warranties, certifications,
promises and obligations set forth herein.
PASSED BY THE CITY COUNCIL this _______day of _________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of ________________, 2022.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES:1903:2/25/22
AGENDA ITEM #5. c)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
2‐4‐4 OF THE RENTON MUNICIPAL CODE, UPDATING CIVIL SERVICE MEMBER
APPOINTMENT REQUIREMENTS, PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 41.12.010 authorizes cities to develop their own civil service regulations
so long as such regulations substantially achieve the purpose of Chapter 41.12 RCW; and
WHEREAS, RCW 41.12.070 authorizes non‐citizen permanent United States residents to
serve as law enforcement officers; and
WHEREAS, the City’s minimum qualifications for City residents to serve on the Civil
Service Commission should not be more restrictive with regard to citizenship than the minimum
qualifications for police officers;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Section 2‐4‐4 of the Renton Municipal Code is amended as follows:
2‐4‐4 APPOINTMENT AND MEMBERS:
The Civil Service Commission shall consist of five (5) members, who shall be
appointed by the Mayor. No person shall be appointed a member of such
Commission unless that person is a lawful permanent resident or citizen of the
United States, and a resident of the City for at least three one (31) years
AGENDA ITEM # 7. a)
ORDINANCE NO. ________
2
immediately preceding such appointment, and is an elector of the county wherein
he or she resides.
SECTION III. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION IV. This ordinance shall be in full force and effect thirty (30) days after
adoption. No later than five (5) days prior to such effective date, a summary of this ordinance
consisting of its title shall be published in the City’s official newspaper.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD‐HR:2189:3/1/22
AGENDA ITEM # 7. a)