City Budget Roundup, Part 1: Soda, Short-Term Rentals, and Legacy Businesses

I’m leaving town just in time for election day this year (one more year, and it’ll be a trend), but before I do, I wanted to give a quick rundown of what’s happening with the city budget—specifically, what changes council members have proposed to Mayor Jenny Durkan’s budget plan, which holds the line on homelessness spending and includes a couple of controversial funding swaps that reduce potential funding for programs targeting low-income communities. None of these proposals have been passed yet, and the council has not started publicly discussing the cuts it would make to the mayor’s budget to fund any of their proposed new spends; this is just a guide to what council members are thinking about as they move through the budget process.,

This list is by no means comprehensive—the list of the council’s proposed budget changes runs to dozens of pages. It’s just a list of items that caught my eye, and which could cue up budget changes or future legislation in the weeks and months ahead. The budget process wraps up right before Thanksgiving, but the discussions council members are having now could lead to additional new laws—or constrain the mayor’s ability to spend money the council allocates, via provisos that place conditions on that spending—well into the coming year.

Sweetened Beverage Tax 

As I reported on Twitter (and Daniel Beekman reported in the Times), council member Mike O’Brien has expressed frustration at Mayor Jenny Durkan for using higher-than-expected revenues from the sugar-sweetened beverage tax, which is supposed to pay for healthy food initiatives in neighborhoods that are most impacted by both the tax and health problems such as diabetes and obesity, to balance out the budget as a whole. In a bit of budgetary sleight-of-hand, Durkan’s plan takes away general-fund revenues that were paying for those programs and replaces them with the “extra” soda tax revenues, which flatlines spending on healthy-food initiatives (like food banks, Fresh Bucks, and school-lunch-related programs) aimed at reducing consumption of unhealthy food… like soda.

“The intent was pretty clear when we passed the legislation last year about how the funding would be spent,” O’Brien said last week. “What we saw in this year’s budget was [a proposal] that may have technically met the letter of it, but certainly not the spirit.”

O’Brien’s proposal would create a separate fund for soda-tax proceeds and stipulate that the city should use the money from the tax in accordance with the recommendations of the advisory board that was appointed for that purpose, rather than reallocating them among the programs the tax is supposed to fund, as Durkan’s budget also does. (See chart above). The idea is to protect the soda tax from being used to help pay for general budget needs in future years, and to ensure that the city follows the recommendations of its own soda tax advisory group.

Airbnb Tax

When the city passed a local tax on short-term rentals like Airbnbs, the legislation explicitly said that $5 million of the proceeds were to be spent on community-led equitable development projects through the city’s Equitable Development Initiative. This year, state legislators passed a statewide tax that replaced Seattle’s local legislation, but council members say the requirement didn’t go away. Nonetheless, Durkan’s budget proposal stripped the EDI of more than $1 million a year, redirecting those funds to pay for city staff and consultants, prompting council members including O’Brien, Lisa Herbold, and council president Bruce Harrell to propose two measures restoring the funding back to the promised $5 million level and creating a separate equitable development fund that would include “explicit restrictions” requiring that the first $5 million generated by the tax go toward EDI projects, not consultants or overhead.

“I think the mayor did this intentionally,” O’Brien said last week. “I don’t think she doesn’t like the equitable development initiative—I think she’s just struggling to make the budget balance—but this is a priority. We’ve seen with the sweetened beverage and the short-term rental tax that …  when we say we are going to impose a new revenue stream and here’s how we’re going to dedicate it, and then less than a year later someone says we’re going to dedicate it a different way, I think that is highly problematic on a much larger scale than just these programs.”

The council appeared likely to reject a separate, tangentially related proposal by council member Rob Johnson to exempt all short-term rental units that existed prior to September 2017, when the council first adopted rules regulating short-term rentals, from the new rule restricting the number of units any property owner could operate to a maximum of two. Currently, this exemption only applies to short-term rental units downtown and some units in Capitol Hill and First Hill; by providing the same exemption to short-term rentals across the city, Johnson said, the council could provide some certainty that the city would actually bring in $10.5 million in annual revenues, which is what the state projected and what Durkan assumed in her 2019 budget.

O’Brien, who drafted the original short-term rental regulations, suggested Durkan had jumped the gun by assuming the state’s projections were right before the legislation had even taken effect. “Typically, we try to be conservative when we have new revenue sources,” he said. Sally Bagshaw, who represents downtown and Belltown, said she had heard from constituents who bought downtown condos as retirement homes who told her their buildings have turned into 24/7 party hotels with few permanent residents. “The idea of opening this up just for budget reasons is disturbing,” Bagshaw said.”

Totem poles

Photograph by Rick Shu via Wikimedia Commons

As Crosscut has reported, local Native American leaders want the city to remove the totem poles erected in Victor Steinbrueck Park, because they have nothing to do with the Coast Salish people who have long populated the area in and around what is now Seattle. Other totem poles in Seattle, including the Tlinget pole in Pioneer Square, are similarly controversial. Council member Debora Juarez, a member of the Blackfeet Nation, is sponsoring an item that would direct the city’s Office of Arts and Culture to address the issue—not by simply removing the offending poles (which is controversial among some historic preservationists and Pike Place Market advocates) but by reviewing and making recommendations about all the Native American art on all city-owned land in Seattle. In response to Juarez’s proposal, budget chair Sally Bagshaw cautioned that she didn’t “want to get bogged down” in a massive study if the problem of offensive or inappropriate art could be addressed on a case by case basis “when they come to our attention. Otherwise,” Bagshaw continued, “I can imagine someone [stalling the process by] saying, ‘Well, we haven’t looked at our 6,000 acres of parks.'”

Legacy Businesses 

In announcing a proposed $170,000 add for the legacy business program—a plan to protect longstanding neighborhood businesses by providing cash assistance and incentives for landlords to keep renting to them—council member Lisa Herbold called it the policy for which she is willing to “fall on [her] sword” this year. Previous budgets have provided funding to study such a program, but Herbold’s proposal this year would actually get it off the ground, by providing startup and marketing costs for the program. “Much like landmarks are a bridge to our city’s culture and history because of their physical form, sometimes businesses as gathering places are also a bridge to our city’s history and culture,” Herbold said.

Support

Critics have said Herbold’s proposal, like similar programs in other cities, could prevent the development of badly needed housing by saving struggling businesses out of a misguided sense of nostalgia.

In response to a question from council member Teresa Mosqueda about whether the program might allow businesses to relocate or reopen in new developments, Herbold said yes, citing the Capitol Hill writers’ center Hugo House as an example. However, it’s worth noting that the Hugo House is a nonprofit, not a for-profit business, and it was “saved” not by government intervention but by the  private owners of the old house in which Hugo House was originally located, who promised to provide the organization with a new space when they redeveloped their property.

 

Morning Crank: “Preparations are Underway for a Litigation Budget” on Fort Lawton

1. Elizabeth Campbell, the Magnolia neighborhood activist whose land-use appeals have helped stall the development of affordable housing at Fort Lawton for so long that the city now has to pay to secure the former Army base out of its own budget, says she isn’t giving up yet on her effort to stop the plan to build 415 units of affordable housing, including 85 apartments for formerly homeless families, in its tracks.

Campbell filed a complaint alleging that the city’s Final Environmental Impact Statement for the affordable-housing plan failed to adequately consider all the potential environmental impacts of the project; that  seeking and receiving several postponements, Campbell failed to show up at recent hearings on her appeal of the Final Environmental Impact Statement (FEIS) for the development, prompting city hearing examiner Ryan Vancil to say that he would be justified in dismissing the case outright but would give Campbell one last opportunity to hire a lawyer and make her case on strictly legal grounds. Vancil’s order stipulated that Campbell could not introduce any new evidence or call any witnesses.

Late on Friday afternoon, Campbell’s new lawyer, a fairly recent law-school graduate named Nathan Arnold, filed a new brief asking Vancil to re-open discovery in the case, which would allow her to interview and cross-examine witnesses from the city. (Campbell and the Discovery Park Community Alliance were represented until at least this past January by an attorney at Foster Pepper, to whom the group paid about $15,000 for their services, according to Campbell.) The city has until next Friday, November 9, to respond, and Campbell has until the following Wednesday, November 14, to respond in turn.

Meanwhile, Campbell is preparing to sue the city. In a message to the DCPA email list, she writes: “It is not known how soon after November 2nd the examiner will issue his decision. However, when it is issued and if it affirms the adequacy of the City’s FEIS then DPCA will need to promptly shift gears and prepare for a judicial appeal and review of the FEIS. In fact, given the probability that this will be the outcome preparations are already underway to establish a litigation budget and to start exploring the grounds, the causes of action, for a lawsuit in either King County Superior Court or in U.S. District Court.”

Campbell’s email also mentions an alternative “workaround plan” that she says would turn Fort Lawton into part of Discovery Park—without housing—”while deploying a network of currently-owned properties that meet and exceed housing objectives crafted for Fort Lawton land.” The email also says that the DCPA has already met with interim Parks directory Christopher Williams and deputy mayor David Moseley to discuss this alternative.

2. Rebecca Lovell, the tech-savvy former head of the city’s Startup Seattle program, stepped down as acting director of the city’s Office of Economic Development this week after nearly a year in limbo under Mayor Jenny Durkan. Lovell, who was appointed acting director by former mayor Ed Murray, is joining Create33, an offshoot of Madrona Ventures, which Geekwire describes as “a unique hybrid of co-working space and a community nexus.” OED’s new interim director is Karl Stickel, a city veteran who most recently was OED’s director of entrepreneurship and industry.

Support

In addition to OED, the city’s departments of  Transportation, Civil Rights, Human Services, Parks, Human Resources, and Information Technology are all headed by acting or interim directors.

Screen Shot 2018-11-05 at 11.44.17 AM.png

3. City council member Kshama Sawant, who used the city council’s shared printer to print thousands of anti-Amazon posters during the head tax debate, spent as much as $1,700 in city funds on Facebook ads promoting rallies and forums for her proposed “people’s budget” (and denouncing her council colleagues) between the end of September and the beginning of this month.

The ads, which include the mandatory disclaimer “Paid for by  Seattle City Councilmember Kshama Sawant’s Office,” denounce Mayor Jenny Durkan, Sawant’s colleagues on the council, and the “Democratic Party establishment.”

“Seattle is facing an unprecedented affordable housing crisis,” the Sawant-sponsored ads say. “And yet, Mayor Durkan and the majority of the Council shamefully repealed the Amazon Tax that our movement fought so hard for, which would have modestly taxed the largest 3% of the city’s corporations to fund affordable housing.”

Because Facebook only releases limited information about its political ads, the cost of each ad is listed as a range. Of the five ads Sawant’s office has funded since September 28, two cost less than $100 and three cost between $100 and $499.

Seattle Ethics and Elections Commission director Wayne Barnett  says that “since these are about the budget process, she can use city funds to pay for them without violating the ethics code. There’s no electioneering here that would trigger the need to pay for these with non-public funds.” I have contacted Sawant’s office for comment and will update this post if I hear back.

 

Morning Crank: A Dramatic Turnaround

1. All Seattle Public Library restrooms will soon be equipped with containers for needle disposal, following a six-month pilot program at the library system’s Ballard, Capitol Hill, University, and downtown branches. The library initiated that pilot after an employee at the Ballard branch was stuck with a needle while removing the trash from the women’s restroom, as I exclusively reported in March.

The decision marks a dramatic turnaround in library policy from just seven months ago, when library spokeswoman Andra Addison said that the library had no plans to install sharps containers for drug users (and diabetics) to dispose of used needles, because “We don’t allow illegal drug use in the library.”  The King County Public Library system preceded the Seattle library in installing sharps containers at branches in Burien, Renton, and Bellevue—branches where library staffers kept finding used needles on the floor, in toilets, and in trash bins.

Addison says it will cost about $2,000 to install the containers—the same ones used in the King County system—in all 60 library restrooms., and about $7,000 to empty and maintain them.  “The Library has ordered the additional sharps containers and we hope to have them installed over the course of November,” Addison says.

According to data provided by the library, the sharps containers at the downtown, Capitol Hill, Ballard, and University branches continue to be the most heavily used. Between the week of April 20 and the week of October 12, 912 sharps were discarded at the Central branch library, 348 on Capitol Hill, 234 in Ballard, and 194 in the University District.

Support

2. The city of Seattle won on two counts in the lawsuit filed by the owners of the Showbox on Friday, when King County Superior Court judge Mary E. Roberts ruled that legislation expanding the Pike Place Market Historic District to include the music venue did not constitute an illegal land use decision or a taking of private property. However, Roberts did agree to hear claims on two other, arguably more substantive, questions: Did the “Save the Showbox” legislation violate the state appearance of fairness doctrine, which requires officials to keep an open mind on so-called quasi-judicial land use decisions (like zoning changes for a specific property)? And did the city violate the property owners’ constitutional rights by dictating the use of the building as a music venue?

The owner of the building in which the Showbox is located, Roger Forbes, sued the city last month after the city council passed, and Mayor Jenny Durkan signed, “emergency” legislation making the two-story building part of the Pike Place Market Historical District. (The Showbox itself—that is, the venue that rents the building—is owned by the international behemoth Anschutz Entertainment Group).  The law, known as the “Save the Showbox” bill, prevented Forbes from selling the property to a developer, Onni, that had planned to build a 44-story apartment tower on the block. (The city had in fact just upzoned the block, along with the rest of First Avenue, specifically to encourage this type of development).

If the city violated the use of fairness doctrine, it will mean that all the public hearings and rallies and open discussions about the importance of  “Saving the Showbox” as a music venue—of which there have been many—were illegal, because the council should have remained neutral and refrained from holding public hearings. (Not only did the council hold public hearings, its members made signs, staged concerts, and even drafted public comments for private citizens in favor or the proposal.) If the court finds that the city violated Forbes’ rights by dictating the use of the Showbox property it will mean that the legislation thwarting Forbes’ plan to sell and develop the property was unconstitutional, and could open the city up to monetary claims.

The city is arguing that the “Save the Showbox” legislation—whose first section calls the Showbox “a significant cultural resource to Seattle and the region” whose loss “would erode the historical and cultural value of the Pike Place Market neighborhood”—in no way prevents Forbes or any future owner from shutting the Showbox down and using the property for another purpose. Forbes, pointing to the plain text of the legislation and the fact that the law gives the Pike Place Market Historical Commission the right to dictate every aspect of how the building is used, from the tenants down to the font, size, and materials used in its signage, says that’s absurd.

Forbes’ attorney noted that the city has only responded to one of the attorney’s ten public disclosure requests, making it difficult, he argued, to know “all the violations of the appearance of fairness doctrine.” For example, he said, “we just learned by happenstance that the cc staffers were writing public comments”—because of information that I obtained through my own disclosure request and reported on this site.

In dismissing the Showbox owners’ takings and land use claims, Roberts said that neither claim was ripe for consideration—in the case of the land use claim, because the owner of the property and the developer, Onni, had not filed a permit to develop the property by the time the legislation passed, and in the case of the takings claim, because the city has not issued any final decision about what kind of development is allowed on the property.

Roberts also rescheduled the remaining counts for early next fall.

Morning Crank: Rethinking the Vaunted Neighborhood Plans of the ’90s

In a move that could reveal hard truths about the city’s vaunted 1990s-era neighborhood planning process, city council member Teresa Mosqueda wants the city to do a full race and social justice analysis of the so-called urban village strategy, which concentrates all new development in narrow bands near arterial streets and preserves two-thirds of the city exclusively for detached single-family houses. The urban village strategy was crafted more than 20 years ago by neighborhood groups that were dominated, then as now, by white homeowners who wanted to ensure that the “character” of their neighborhoods would remain unchanged. The monoculture of exclusive single-family zoning, and the “character” of Seattle’s suburban-style neighborhoods, is a legacy of redlining—the process by which people of color and renters were systematically excluded from many parts of Seattle.

Introducing her proposal at Thursday’s council budget hearing, Mosqueda noted that at the time the urban village strategy was adopted, in 1994, there was no Race and Social Justice Initiative. That came in 2004, and “it wasn’t until 10 years after that that the race and social justice strategy was expanded to include policies that impact the urban environment,” Mosqueda said. “One of our questions is whether or not we are investing in urban villages equitably throughout Seattle. … I’m interested in whether or not we are crafting policies that are allowing more people to live here.”

The city recently completed a race and social equity analysis of a proposal that would make it easier for homeowners to build second and third units on their property. That analysis found, not surprisingly, that allowing more backyard cottages and mother-in-law apartments will disproportionately benefit white Seattle residents, because most homeowners in Seattle are white. (See chart, below). However, the analysis (like the environmental impact statement the city recently completed on the proposal) also found that allowing more backyard and basement apartments wouldn’t contribute to displacement; and it suggested several steps the city could take to make it easier for homeowners of color to build accessory units, such as pre-approved building plans and assistance with permits and financing. A race and social justice analysis of the city’s urban village strategy would likely reach similar conclusions—restricting development to the areas directly adjacent to major streets helps drive up housing prices and lock lower-income people and people of color out of many neighborhoods—and point to more radical solutions. Neighborhood activists, in other words, are likely to oppose it. Channeling them Thursday, council member Sally Bagshaw raised objections to Mosqueda’s proposal, which she said might be “duplicative” with work the city has already done. (It isn’t.) “Good heavens, this feels like déjà vu to me,” Bagshaw said. Council member Rob Johnson, who supports Mosqueda’s idea in principle, said, “I think that the issues that council member Mosqueda brings up are very appropriate for us to consider,” but suggested that the council might fund it later in the year.

Neighborhood activists, ironically, actually raised the need for race and social justice analysis in their ongoing attempt to prevent the city from implementing its Mandatory Housing Affordability strategy arguing (disingenuously) that the city didn’t do a race and social justice analysis of the proposal to allow slightly denser development on 6 percent of the city’s single-family land. (Developers building under the new rules would be required to build affordable housing on site or pay into an affordable housing fund. The new rules have gone into effect in denser parts of the city, including downtown). They’re still fighting that one, a year after the council passed the legislation.

It’s hard to quantify how much funding for affordable housing the city has lost because single-family activists have locked MHA up with a series of seemingly endless appeals. Hard, but not impossible. About a week ago, Johnson asked the city’s Office of Planning and Community Development to do an analysis of how much money the city has forfeited from developments that would have happened under the new rules if they had gone into effect a year ago. “I’ve asked them to run the numbers about projects that might have vested under MHA, had we adopted it when the bill was first sent down to us,” Johnson told me yesterday. “As you can imagine, vesting times really vary, so  it’s difficult analysis for us to do.” However, Johnson hopes that by looking at the development cycle that just ended, the city can get a sense of how much affordable housing Seattle has foregone while activists have filed appeal after appeal.

A race and social justice analysis of the city’s urban village strategy would likely reach similar conclusions—restricting development to the areas directly adjacent to major streets helps drive up housing prices and lock lower-income people and people of color out of many neighborhoods—and point to more radical solutions.

Speaking of appeals, the Queen Anne Community Council filed another one against the accessory dwelling unit proposal yesterday, arguing that the proposal—which would add about 2600 basement and backyard apartments, citywide, over what will likely be built anyway—”ignores, disrespects, and eliminates the citywide Neighborhood Plans.” The appeal, filed by Queen Anne homeowner Marty Kaplan and his attorney, Jeff Eustis, reiterates Kaplan’s claim that the plan will upzone the entire city, effectively turning single-family neighborhoods into wall-to-wall apartment blocks. The complaint concludes, spaghetti-at-the-wall style, by listing a litany of supposed ills that will befall neighborhoods if the city allows a few thousand more backyard and basement units in a city of 700,000: the “displacement and destruction of older, more modest and
affordable housing, the displacement of populations, the loss of historic buildings, the change in neighborhood character, the unstudied stresses on existing utilities and infrastructure, the amount of available on-street parking. and the ability of
residents and emergency vehicles to circulate through neighborhood streets, and other population pressures among many more.”

Johnson notes one potential bright side to all this delay. If the appeals of MHA and the accessory dwelling legislation drag on indefinitely,  he says, the city’s planning department will have more free time to do the kind of analysis of single-family zoning that Mosqueda is requesting.

Support

Morning Crank: “Housing First, Indeed.”

1. Unified Seattle, a group that has created a series of  slick videos opposing “tiny house villages” (authorized encampments where residents sleep in small eight-by-12-foot buildings with locks on the doors, electric light, and heat) has spent between $10,000 and t $50,000 putting those ads on Facebook and targeting them at Seattle residents. However, since the aim of these ads isn’t explicitly related to an upcoming election—the latest ad vaguely blames the “mayor and city council” for “forests of needle caps,” “drug shacks,” and  “rampant prostitution” to—the people funding them don’t have to report their activities to the state and local election authorities. The Freedom Foundation, the libertarian-leaning think tank that funded a lawsuit to stop a temporary tiny house encampment on a piece of city-owned land in South Lake Union, has declined to comment on whether they’re funding the ads, but the rhetoric is certainly consistent with the argument the Freedom Foundation makes in their lawsuit against the city and the Low-Income Housing Institute, which claims that allowing the encampment will “encourag[e] loitering and substandard living conditions” in the area.

2. Speaking of the Freedom Foundation lawsuit: Since the group filed their lawsuit back in June, the original four-week permit for the tiny house village has expired. That, the city of Seattle argues in a motion to dismiss the lawsuit filed earlier this month, renders the original lawsuit moot, and they filed a motion to dismiss it earlier this month. LIHI still plans to open the encampment, on Eighth and Aloha, in late October.

3. In other news about unofficial campaigns: Saul Spady, the grandson of Dick’s Burgers founder Dick Spady and one of the leaders of the campaign to defeat the head tax, doesn’t have to file election-year paperwork with the city and state elections commissions, though perhaps not for the reasons you might think. Spady, who runs an ad agency called Cre8tive Empowerment, has been soliciting money for a campaign to defeat the upcoming Families and Education Levy and take on several city council incumbents; has has also reportedly been meeting with council candidates and taking them around to potential donors. Ordinarily, that kind of electioneering would be considered campaigning. However, according to the Seattle Ethics and Elections Commission, Spady hasn’t managed to raise a single dime since September 11, when he sent out an email seeking to raise “$100,000+ in the next month” to defeat the education levy and  “shift the Seattle City council in much needed moderate direction in 2019.” If he does start raising money to support or oppose candidates or ballot measures this year or next, Spady will be required to register his campaign at the state and local levels.

4. One campaign that isn’t having any trouble raising money (besides the pro-Families and Education Levy campaign, which has raised almost $425,000) is Neighbors for Safe Streets, the group that formed in opposition to a long-planned bike lane on 35th Ave. NE between the Wedgwood and Ravenna neighborhoods. The PAC, led by attorney Gabe Galanda and Pacific Merchant Shipping Association government affairs director Jordan Royer, has raised more than $15,000 so far for its effort to, as the Save 35th Ave. NE newsletter put it last month, “mobilize around transportation-related causes like Save 35th and candidates for local office who are not ideologues when it comes to local transportation planning.” Galanda has argued that people of color don’t need bike lanes, which only  “serve Seattle’s white privileged communities, and further displace historically marginalized communities.”

Support

(Meanwhile, far away from the North Seattle enclaves that make up Save 35th Avenue NE,  neighborhood-based bike groups in the Rainier Valley have spent years begging the city to provide safe bike routes for people who live and work in the area—even holding protests to demand modest traffic-calming measures on Rainier Ave. S., the deadliest street in the city). Neighborhoods for Smart Streets has not identified which council candidates it will support next year, when seven seats will be up; so far, only a handful of contenders—including, as of last Friday, former (2013) mayoral candidate Kate Martin, who also headed up a 2016 effort to keep the Alaskan Way Viaduct intact and turn it into a park. Martin joins Discovery Institute researcher Christopher Rufo in the competition for the District 6 council seat currently held by Mike O’Brien.

5. As I reported on Twitter, George Scarola—the city’s key outreach person on homelessness, even after an effective demotion from homelessness director to an obscure position in the Department of Finance and Administrative Services—resigned on October 9. In an email to city staff, Scarola praised the city’s Navigation Teams, groups like LIHI that are working on tiny house villages, and “the outreach teams, shelter operators, meal providers and the folks who develop and manage permanent supportive housing.” He concluded the email by noting that the one area where everyone, including opponents of what the city is doing to ameliorate homelessness, agree is that  “we will not solve the crisis of chronic homelessness without more mental health and drug treatment services, coupled with safe housing. Housing First, indeed.”

In a statement, Durkan said Scarola’s knowledge on homelessness was “key to the continuity of the City’s efforts and helped ensure strong connections throughout the community. Altogether, George participated in hundreds of discussions around homelessness – from public meetings to living room chats – and took countless phone calls and emails, always willing to engage with anyone who had a concern, a complaint or a suggested solution.”

Away from the watchful eye of the mayor’s office, which he usually was, Scarola could be surprisingly candid—once asking me, apparently rhetorically, whether people protesting the removal of a specific encampment were “protesting for the right of people to live in filthy, disgusting, dangerous conditions.” On another occasion, Scarola pushed back on the idea, very prevalent at the time, that money spent on emergency shelter and short-term interventions was money wasted, because—according to homeless consultant Barb Poppe—every available resource should go toward permanent housing.  “Her overall view is absolutely right—she wants stable housing,” he said. “I just don’t know how you get there without going through steps A, B, C, and D”—meaning solutions like tiny house villages, authorized tent encampments, and services that address the problems that are keeping people from being able to hang on to housing in the first place.

Showbox Property Owners Respond to City, Seek Depositions from Council Members Bagshaw, Sawant

A lot has happened since I wrote about the city’s response to a lawsuit by the owners of the Showbox last month. (The lawsuit, in very brief, alleges that the city council violated land use processes in spot-downzoning the Showbox property when they expanded the Pike Place Market Historical District to include the property on a temporary basis, preventing a 44-story development, and that the historic designation represents a taking of about $40 million—the amount for which the owner, Roger Forbes, planned to sell the land to the Vancouver developer Onni.)

Back in September, the city asked a King County Superior Court judge to dismiss Forbes’s land use claims claims (technically,  an LLC created by Forbes that owns the property, but we’ll stick with Forbes for clarity’s sake) on the grounds that Onni hadn’t formally sought any permits from the city, that inclusion in the historic district didn’t constitute a land use decision restricting how Forbes could use his property,  and that in fact nothing in the “Save the Showbox” legislation said that the Showbox must be saved.

The property owners—sounding spitting mad—filed a brief last week objecting to the city’s motion to dismiss the land use claims in the lawsuit, arguing that the decision to add the Showbox property, and only that property, to the historic district—effectively reducing its development potential from 44 stories to two—constituted a “reverse spot zone” and therefore was a “classic taking.” In their defense, they cite a number of cases that reducing the height of what can be built on one piece of land is considered a zoning decision, regardless of whether a permit has been filed. (The council made it much less likely that Onni would file a permit when they started talking about killing the development immediately after the developer started a pre-application process with the city, and passed fast-track “emergency” legislation barely one week later to ensure that Onni couldn’t go forward with its plans.)

Violating almost all of its own rules for a property use decision, the City enacted an “emergency” ordinance – not to abate a public nuisance – but rather because it wanted a private music venue to be an asset of the City. To try and accomplish that, it had to circumvent and carve this parcel – and only this parcel – out of its own prior and lawful zoning actions that previously upzoned the property and surrounding properties twice for high-rise development. The most recent upzone occurred just last year when the property (and other similarly situated properties) were upzoned by the City to allow additional floors if property owners provided certain financial support to the City’s efforts to increase affordable housing. The City’s reverse spot zoning of this property, stripping only this property of the same development potential similarly situated parcels enjoy, was not an exercise of “police power” to protect the public. It was instead an eminent domain powerplay to appease a vocal “Save the Showbox” group at the expense of a single property’s development and use rights.

Forbes’ attorneys also lays out the case that the city violated the state appearance of fairness doctrine, which requires officials like council members to keep an open mind on so-called quasi-judicial land use decisions (like zoning changes for a specific property) until after all the evidence has been presented and to make their deliberations in public, not behind closed doors. If the court finds that they did, it will mean that all the public hearings and rallies and open discussions about the need to “Save the Showbox” as a music venue in  perpetuity will have happened in violation of the law.

The response to the city makes one novel point: The Pike Place Market Historical District was not only created to protect small farmers and craftspeople from commercial development in the 1970s, it was formed by the city under the power of eminent domain—and, to this day, almost every single property in the district is publicly owned by the Pike Place Market Public Development Authority. That PDA has the right to regulate virtually every aspect of all businesses in the district, down to which tenants are allowed in each building, the size and materials on their signage, and what their storefronts look like on the inside. The Showbox building across the street, in contrast, is privately owned, making its inclusion in the historic district, the plaintiffs argue, even more of a taking than if the city had simply said Forbes couldn’t sell to a developer for an apartment tower.

This week, Forbes’ attorneys also filed a request to depose five city officials, including city council members Sally Bagshaw and Kshama Sawant, to get “information about the decision to single out this property, and only this property, for inclusion in the Pike Place Market Historical District, the process that the City employed in drafting, introducing and passing the ordinance, and the City’s real intentions in passing the ordinance (to maintain the property as a music venue in perpetuity).

“This information,” the request continues, “is relevant to Plaintiff’s contentions that the ordinance is invalid as an illegal spot zone, is otherwise procedurally invalid, was improperly passed because the Council violated the Appearance of Fairness statute, and violates Plaintiff’s First Amendment rights by forcing Plaintiff to maintain the property as a music venue.”

The hearing on that motion will be held next Friday, October 19. The trial is currently scheduled for February.

Note to readers: The reporting I do isn’t free! For example, court records cost 25 cents a page—a charge that can really add up when a case involves hundreds of pages. The time and effort it takes to bring you stories like this one, not to mention all my in-depth, on-the-ground reporting on the Showbox and other city issues, is made possible only by support from people who read this site. So if you enjoy my work and want to see it continue, please continue becoming a sustaining or one-time donor. Thanks for reading, and for your support!

Homelessness Funding Could Be Flash Point in Upcoming City Budget Discussions

Things are fairly quiet on the city budget front this week as council members draft their first-found wish lists—ideas that may or may not see the light of day as full-fledged “green sheets,” proposed budget changes that require two co-sponsors and proposed cuts to balance any new expenditures—but council members did give a preview of their thinking on Mayor Jenny Durkan’s stay-the-course budget for homelessness last week. Meanwhile, advocates for homeless Seattle residents have presented a list of requests for the council’s consideration that includes $33 million in additional spending on housing, front-line workers’ pay, and SHARE’S basic indoor shelters, which the mayor’s budget assumes will close in June.

At briefings on the proposed budget for homelessness and the expansion of the city’s Navigation Team (which removes encampments and provides information about services to people living outdoors) last week, council members appeared concerned by the fact that Durkan’s budget proposal does not increase funding for actual housing production, focusing primarily on emergency shelter instead. The issue, council members said, is that when there is no housing for people to go to, the city ends up just shuffling them around and around—either from illegal encampment to illegal encampment (as Navigation Team leader Fred Podesta openly acknowledged the city is doing already) or in and out of the shelter system.

“[The budget] really places an emphasis on enhanced funding for immediate day to day assistance vs. those longer-term housing needs,” council member Teresa Mosqueda said last week, addressing her comments at Office of Housing director Steve Walker. “I don’t understand how we are goimg to be able to serve the number of people we have talked about today unless we provide housing [for them].” Durkan’s 2019 budget includes $24.9 million for all “housing” programs, including diversion (which usually involves helping a person identify somewhere they can stay for the time being, such as a relative’s house, rather than permanent housing); emergency services, which includes temporary transitional housing, totals $46.4 million, or more than half of Durkan’s proposed budget for homelessness.

Durkan’s proposal quietly extends a “rental housing assistance” program, originally begun as a pilot in 2017, which provides vouchers for up to three months for people on the waiting list for Section 8 housing vouchers from the Seattle Housing Authority. Noting that a high percentage of households that receive Section 8 vouchers end up having to return them because they can’t find an affordable rental unit with their voucher, Mosqueda asked why the Human Services Department would still consider it a “success” when “people maintain housing until they receive their Housing Choice voucher.” Would the city still consider the program a success if people stayed in their apartment for three months, got their voucher, and still ended up homeless because they couldn’t find a place to use it? HSD deputy director Tiffany Washington said the city was using a HUD standard for defining success and added that the city has “seen an improved rate of exits to permanent housing in 2018 compared to the same time last year, and an increase in households served”—something Durkan also touted in her budget speech.

Council members also zeroed in on the fact that the mayor’s proposed budget doesn’t increase funding for preventing homelessness in the first place, which is generally a much cheaper and less daunting prospect than helping people find housing once they’ve lost it. (What looks like a significant cut to prevention programs in 2019—from $6.5 million to $4.4 million— is actually an accounting quirk that reflects the fact that a program to move people off SHA’s waitlists was funded in 2018, but spent over two years. However, that program will expire in 2020, when the city will have to decide whether to fund it again.) Pointing to a recent report from the Seattle Women’s Commission and the Housing Justice Project that faulted the city’s lack of any integrated system for people facing eviction to get rent assistance, council member Lisa Herbold said, “We need some kind of collaboration or cooperation between [assistance] programs, because it happens so quickly. The reality is that your landlord is not under any requirement to accept rent from you after three days even if you have the total amount and the ability to pay.”

Two other sticking points were the future of the Seattle Housing And Resource Effort and Women’s Housing Equality and Enhancement League (SHARE/WHEEL) shelters that were defunded, then re-funded on a temporary basis, last year. SHARE’s high-barrier, nighttime-only shelters ranked dead last among shelter applications during last year’s competitive bidding process for HSD contracts, and the groups were given a grace period to come up with a plan to transition their shelter clients to other service providers or into housing. Herbold and her colleagues Kshama Sawant and Mike O’Brien pressed Washington on SHARE’s rate of success in getting people into housing (which is a matter of much dispute; SHARE claims a rate four times higher than the city average, which HSD says is not correct), as well as what the plan is to help its clients find other living or sleeping arrangements.

“I just want to make sure we remember why SHARE and WHEEL are not provided funding,” Washington said. “It’s actually not a cut—it was bridge funding from the mayor’s office to continue them through this year and for six months next year. … We asked all the agencies who weren’t funded to submit a transition plan to us. All of the agencies did except for SHARE and WHEEL,” who said they weren’t planning to close down. This issue of SHARE’s shelter funding, like the issue of whether the city will keep paying for bus tickets for its clients, has become something of an annual ritual—and every year, the council finds a few hundred thousand dollars to keep them going. If this year is any different, it will be a notable departure from tradition.

A few final quick-hit observations:

• The plan for the growing number of people living in their vehicles—a group that now makes up more than half the people living unsheltered in Seattle grew 46 percent this year, according to King County’s annual count—appears to be … well, it isn’t actually clear. The budget adds a mere $250,000 a year for a vaguely defined “new program” that “is still under development and will be informed by a workgroup made up of people with lived experience, a racial equity analysis using the Race and Social Justice Initiative (RSJI) strategy chart, as well as service providers, the City’s Navigation Team, other outreach workers, the Seattle Police Department and Parking Enforcement Officers, and officials working on similar programs in other jurisdictions.” Whatever the new program is, it will have to split that funding with yet another new pilot for a safe parking lot for people living in their cars, this one aimed specifically at “individuals living in vehicles who are largely self-sufficient and require a relatively low level of services.” The city budget adopted last year included $50,000 specifically to conduct “a needs assessment to identify programs and services most likely to help individuals living in their vehicles find permanent housing”; when O’Brien asked if that money had been spent, Washington replied, “Yes and no… how much of the $50,000 we’ll spend we don’t know, but we’ll definitely satisfy the intent.”

Support

• Low-barrier encampments like the one at Licton Springs, which is closing after months of complaints from neighbors about drug use on the premises (and drug dealers in the vicinity), may be too much of a hassle for the city, which is working to “reassess” the residents of that encampment and move them “to the top of the [housing prioritization] list,” according to Washington. Washington insisted that the encampment isn’t “closing”—”‘closing’ is not reflective, so what we’ve come up with is ‘shifting capacity'”—but the SHARE-managed encampment is in fact going away, thanks largely to neighbors who considered it an unwelcome or menacing presence. Sally Bagshaw, who represents downtown and Magnolia, appeared last week to agree. “One of the keys that I have heard over and over again is that the drug dealers have got to be arrested,” she said—a position that actually represents a departure from the city’s support for the LEAD arrest-diversion program, which focuses on low-level drug offenders and just expanded to North Seattle.

• As I mentioned above, the head of the Navigation Team himself acknowledged that the team is often reduced to moving encampments around and around—and that “there are more encampments that we’re not engaging with than we are engaging with; that’s just a fact”—reflecting the reality that as long as the city has a shortage of affordable housing, some people are going to prefer even the tenuous community and safety of an unauthorized encampment to a shelter system that can be chaotic and dehumanizing. Enhanced shelters—those that allow people to keep their possessions, offer case management, and don’t enforce sobriety requirements at the door—do a better job of getting people to come in off the streets, but there aren’t enough, and the city is creating more homeless people every day. (The eviction cases on the King County Superior Court’s weekly docket represent a steady drip-drip-drip of people being kicked out of homes and onto the streets.) “The team is no more interested in moving people around than anybody else,” Podesta said. “There are cases where we’ve had apartments [available] and they haven’t chosen to accept that”; however, he added, “no one should interpret that as anything but an exception.”

Morning Crank: Prohibitive and Frustrating

1. Marty Kaplan, the Queen Anne activist who has filed multiple legal challenges to delay new rules that would allow homeowners to add up to two additional units to their property, is reviewing the final environmental impact statement (EIS) on the proposal and deciding whether to press on with his appeal, according to an email he sent to members of the Queen Anne Community Council last week.

In the email, Kaplan notes that the group has until October 18 to file an appeal, and suggests that they adopt the following motion: “If the ADU FEIS is found by Martin Kaplan to be deficient in representing a comprehensive environmental study as required by the Hearing Examiner in our former appeal and outlined with our letter of comment pertaining to the ADU DEIS, then Martin Kaplan is hereby authorized to file an appeal on behalf of our QACC.” Kaplan has not said whether he plans to continue pursuing his case against the city, or whether thousands of Seattle homeowners will finally be able to build secondary units on their properties.

The FEIS, released last week, added a fourth, preferred, option to the three alternatives in the draft document, which I covered in depth in May.  If the city adopts the preferred option, homeowners will be able to build up to two accessory dwelling units (ADUs) on their property—two attached (mother-in-law) units, or one attached unit and one detached apartment, subject to maximum rear lot coverage of 60 percent. (The total maximum lot coverage—35 percent for lots over 5,000 square feet, or 15 percent plus 1,000 square feet for lots under 5,000 square feet—will remain the same). The minimum lot size for building an additional unit will be reduced from the current 4,000 square feet to 3,200 square feet, and rules requiring homeowners to build an extra parking spot for each unit, and to live on the property at least six months a year, will be lifted. However, in an odd concession to opponents like Kaplan, homeowners who want to build a second ADU won’t be allowed to do so until they’ve owned the property for at least a year. Both attached and detached units could be up to 1,000 square feet—up from the current 800—and up to 12 unrelated people could live on a lot with three units, allowing (for example) a house, basement apartment, and backyard cottage with four roommates each on a single lot. (This has been a particular sticking point with single-family activists who say so many unrelated people shouldn’t be allowed to live on a single lot). Unlike one of the alternatives the city originally considered, the preferred alternative would not require homeowners to pay into a city affordable housing fund if they want to build a second accessory unit.

Finally, in an attempt to mitigate the spread of new McMansions in Seattle’s single-family areas (and encourage homeowners to add density instead), the proposed new rules limit new houses to just 2,500 square feet or a 50 percent floor-area ratio (FAR), whichever is larger. FAR is the ratio of the square footage of a building to the lot that it’s on. A 2,500-square-foot house on a 5,000-square-foot lot would have a floor-area ratio of 0.5, even if that 2,500 square feet is spread over two stories; so would a 3,600-square-foot house on a 7,200-square-foot lot, and so on.

Because the the city used slightly different assumptions in calculating the number of second and third units that will be produced if the new rules move forward (assuming, for example, that homeowners will have access to pre-approved standard plans for accessory units, and that the city will lower other regulatory barriers that drive of the cost of adding extra units), the new preferred alternative is expected to lead to slightly more units than any of the options the city previously considered. Overall, the preferred alternative would produce about 2,460 more accessory units than the no-action alternative (a total of 4,430), which would correspond to about 3,960 additional residents in single-family areas, spread across Seattle (6,645, compared to 2,955 under the do-nothing alternative.)

2. Saul Spady—the grandson of Dick Spady, of Dick’s Burgers, and one of the most vocal opponents of the “head tax” for homelessness that was overturned earlier this year—has been busy. Since September, Spady has reportedly been meeting with prospective city council candidates for 2019, including Erika Nagy of Speak Out Seattle and Ari Hoffman, who unsuccessfully sued the city for $230,000 in “homeless-related damages” to a cemetery in North Seattle. On Friday, Hoffman officially filed to run for council in District 2, the South Seattle council seat currently held by three-term incumbent Bruce Harrell. Spady, whose parents spend decades advocating for charter schools,  sent out an email in September seeking funds to defeat the upcoming Families and Education Levy renewal and to recruit “common sense candidates” to defeat council incumbents—a solicitation that could put him at odds with city and state election  laws.

In addition to his work recruiting local candidates, Spady has an upcoming speaking engagement in front of members of the Washington Policy Center, a conservative/libertarian-leaning think tank. The group’s annual Young Professionals Dinner includes speeches and “exclusive Q&A sessions” with two keynote speakers: Spady, and former US House Speaker-turned-Trump apologist Newt Gingrich. Non-member tickets start at $75.

Support

3. Speaking of potential council candidates: A few other names that are starting to circulate in the rumor mill for 2019: Former Nick Licata campaign manager Andrew Lewis (District 7, currently held by Sally Bagshaw); former Seattle police chief Jim Pugel, also in District 7; Beto Yarce, a onetime undocumented immigrant and entrepreneur who now runs a nonprofit that helps launch small businesses (District 3, held by Kshama Sawant); and community organizer Tammy Morales, who came within 400 votes of beating District 2 incumbent Bruce Harrell in 2015 and is widely expected to run for his seat this year. Bagshaw is widely expected to step down this year, as is District 4 council member Rob Johnson. Sawant has given no indication that she won’t seek reelection, and Harrell’s plans are currently anybody’s guess.

4. Mayor Jenny Durkan’s proposed 2019 transportation budget includes new investments in “adaptive signal” technology—a term that typically describes systems that monitor where vehicle traffic is heavy and adjust light cycles to give traffic more time to get through crowded intersections. Seattle has a system like this in place on Mercer Street in South Lake Union, which “detects cars in each lane at every intersection … determines traffic levels, predicts the flow of traffic, and adjusts the amount of time available to each movement through the intersection.” These marginal drive time improvements often come at the expense of pedestrians, who are forced to endure long waits as the city gives cars extra time to drive through intersections (and to dash across the street on short walk cycles designed for maximum vehicle movement), which is one reason the National Association of City Transportation Officials says that “long signal cycles … can make crossing a street or walking even a short distance prohibitive and frustrating, [which] discourages walking altogether,” and recommends adaptive signals only for suburban areas.

However, the new budget also includes funding for a pilot project at the University of Washington that could at least start to restore the balance between pedestrians and cyclists and the almighty car. The project, which will also be funded by the UW and the Federal Highway Administration, will test passive pedestrian detection and pedestrian counting—technologies that could eliminate the need for walkers to push a “beg button” to cross the street and allow longer crossing times for large groups of pedestrians, respectively. (One way to obviate the need for a beg button, of course, would be to assume there are always pedestrians trying to cross the street in busy areas like South Lake Union and the U District and provide a walk cycle during every green light, as pedestrian advocates across the country have been requesting for years, but baby steps.)

The pilot project will also test an app that will enable cyclists to trigger signals at intersections that equipped with weight-sensitive sensors in streets, which don’t detect vehicles lighter than cars. Cyclists (and, presumably, motorcyclists, who are also usually too light to trip pavement-embedded signals) will be able to download an app that will notify any signals equipped with the new technology that a bike is present, causing the light to change even if there aren’t any cars around. This “solution,” of course, will only work in the limited number of signals near the University of Washington that are equipped with detectors, and for cyclists who download the app and have it running on their phones when they approach those intersections.

This post has been edited to reflect that maximum lot coverage rules will remain the same under all accessory dwelling unit options; the change is to maximum rear yard coverage, which would increase to 60 percent for new detached accessory dwelling units.

Morning Crank: Fort Lawton Drags On, Spady Drags His Feet, and Enhanced Shelter Shortage Drags Out Homelessness

1. The wait for affordable housing at the Fort Lawton military base in Magnolia—on which, as I noted last week, the city is now spending hundreds of thousands of dollars for security —will continue to drag on at least until the end of this year, after a city hearing examiner agreed to delay a hearing in an appeal challenging the environmental impact statement on the project until the end of October so that the complainant, Magnolia activist Elizabeth Campbell, can secure a lawyer. The appeal process has already been delayed once, until the end of September, to accommodate Campbell’s lengthy vacation to Europe. Campbell said that she was requesting this second delay because of health concerns that have prevented her from participating in the appeal process.

The motion granting Campbell’s request for a delay, which also denied the city of Seattle’s request to dismiss the six-month-old case, includes a salty dismissal of Campbell’s claim that the hearing examiner, Ryan Vancil, should not be allowed to hear the appeal because he once served on the board of Futurewise, a conservation group with no stake in the Fort Lawton debate, and because he has represented the Seattle Displacement Coalition, which works to prevent the demolition of existing affordable housing, in the past.

The city’s rules, Vancil noted, require anyone who files an appeal before the hearing examiner to file any motions to disqualify a particular hearing examiner quite early in the process, typically at least 7 days before the first hearing. That hearing was in May.  “As explained at the prehearing conference [on May 15] the Hearing Examiner has not been a board member or officer of Futurewise for two years, and is not currently a member as alleged by Ms. Campbell. Ms. Campbell identified no specific interest in this appeal by either Futurewise, or the Seattle Displacement Coalition. … Ms. Campbell was clearly aware of these facts [and] raised [them] in the context of a response to the Hearing Examiner’s disfavorable order as a form of retaliation.” In other words, Campbell only decided Vancil’s past association with Futurewise was a problem after he ruled against her on an unrelated issue—specifically, the fact that Campbell hadn’t filed her list of witnesses and exhibits by a mid-September deadline.

(Side note: Vancil may not be on the Futurewise board anymore, but the group’s current board includes two attorneys, Jeff Eustis and Dave Bricklin, who have both fought against proposals to allow more density and housing, including Mandatory Housing Affordability, which allows developers to build more densely in exchange for funding affordable housing; a proposed 12-story building in Pioneer Square that would have replaced a “historic” parking garage; a proposed three-story apartment building in Phinney Ridge, which nearby homeowners opposed because they didn’t want to lose parking in front of their houses; and a proposal to make it easier for homeowners to build secondary units on their property. Given that track record among Futurewise board members, serving on the group’s board could be seen as an indication that Vancil is sympathetic to housing opponents like Campbell. The Displacement Coalition, meanwhile, often fights against density and development on the grounds that it displaces people and drives up the cost of housing.)

Campbell claimed that she was unable to file a list of witnesses because of her poor health. But Vancil was skeptical about that claim, noting that Campbell had managed to  five no fewer than separate, lengthy motions over a period of about two weeks in September, Vancil said, which “demonstrate[s] Appellants’ capacity to draft documents and work on this case, and/or the ability to have communicated at an earlier date that Appellants did not have the capacity to identify exhibits and witnesses within the time required.”

The next hearing on the Fort Lawton appeal will be at 9:30am on October 29.

Support

2. A city audit of the Navigation Team—a team  of police officers and outreach workers that removes encampments and offers services to people living unsheltered in Seattle—concluded that the city has not done enough to provide the kind of “enhanced shelter” that people living outdoors are most likely to accept, and should consider increasing the use of diversion strategies like “reunification”—that is, connecting people to family,  and sending them on their way. The idea of reunification is popular in California, where cities like San Francisco provide bus tickets out of town to homeless people who are able to find a friend or family member who will tell the city they are willing to take the person in. Such programs are controversial because, while they do relocate some chronically homeless people outside city limits, little is known about how people in such programs fare at the end of what are often cross-country journeys, and horror stories abound.

Mayor Jenny Durkan’s proposed budget for the Human Services Department notes that enhanced shelters, which provide case management, a place to store possessions, and a place to be during the day, result in significantly more exits to permanent housing than stripped-down, mats-on-the-floor, in-at-9-out-at-7 basic shelters. According to the Human Services Department, 21 percent of people who entered enhanced shelters, like the Navigation Center operated by the Downtown Emergency Service Center, exited into some form of permanent housing. (Permanent housing can include everything from supportive housing in facilities with case management and other services, or a “rapid rehousing” voucher for an apartment on the private market.) In comparison, just 4 percent of those entering basic shelters exited directly into permanent housing.

Despite their higher success rate, the audit found that enhanced shelters are often full, making it impossible for the Navigation Team to refer many, if any, unsheltered people to them. Between March and December of 2017, the report says, there was an average of 18 beds available for all Navigation Team referrals—an average that includes 27 days when fewer than 10 beds were available, and four months in which the average daily vacancy was less than one bed, citywide. This was during a period when the Navigation Team contacted more than 1,800 individual people, many of them more than once.

Finally, the auditor recommended that the city consider “bridge to housing” strategies like the ones in place in San Diego and Sacramento, which employ large, semi-permanent tentlike structures that can house tens or hundreds of people in dormitory-style or more private rooms. The structures are similar to enhanced shelter—24/7 and low-barrier, they allow singles and couples to bring pets and possessions with them—but are less expensive because the buildings aren’t permanent.

The idea, which council members Lisa Herbold and Teresa Mosqueda brought up yesterday, elicited a testy back-and-forth between Mosqueda and Navigation Team director Fred Podesta, who interrupted Mosqueda’s question about the bridge-to-housing strategy by saying, “We need to carefully think about, are people going to accept an enormous, 150-person dormitory that’s in a tent? Before we get too bound up in the efficiency of a particular structure type, we have to think about how our clients are going to respond to it.” When Mosqueda picked up her line of question, Podesta interrupted her again, interjecting, “I just think it’s worth asking the question—if our approach is going to be to offer [housing in that type of structure to] people—’Would you go or not?’ We need to ask those questions before we spend $2 million on a tent.” The city of Sacramento estimates that a 300-bed shelter of this type would cost between $3 million and $4 million a year.

3. Saul Spady, the Dick’s Burgers scion and political consultant last seen soliciting money to defeat the upcoming Families and Education Levy renewal and to fill the seven city council seats that will be up for grabs next year with “common sense civic leaders,” may be improperly raising funds for an election campaign without registering with the Seattle Ethics and Elections Commission and the Public Disclosure Commission.

As I reported, Spady sent an email to supporters in September seeking $100,000 in contributions for a campaign to “educate” voters on why they should oppose the Families and Education Levy ballot measure and support “common sense civic leaders” against incumbent council members next year. The email says that Spady hosted a meeting the previous week—that is, the week of September 3—of “potential 2019 Seattle City Council candidates focused on common sense, fiscally responsible & acountable [sic] government mixed with active citizens who are concerned about the continuing slide of Seattle into the ‘corruption of incompetence’ that we’re witnessing across all sectors of city hall.” The goal of the meeting, Spady continued, “was to engage likely candidates & political donors.”

This kind of unofficial campaigning could put Spady, who owns the ad firm Cre8tive Empowerment, in violation of state campaign finance law as well as the city’s own campaign finance rules. According to the Public Disclosure Commission,  new campaigns for or against ballot measures must register with the PDC “within two weeks of forming a committee or expecting to receive or spend funds (whichever occurs first).” The Seattle Municipal Code, similarly, requires campaigns to file with the Seattle Ethics and Elections Commission as soon as they’ve raised or spent any money, announced that they plan to support or oppose a candidate or an upcoming ballot measure, bought an ad or reserved ad space, or put a survey in the field about a candidate or ballot measure. Filing involves paying a fee (about $1,300), setting up a campaign office, opening a bank account, and designating campaign officers. All of this, again, must be done within two weeks of soliciting money or engaging in any other campaign activities. Spady’s email went out on Tuesday, September 11—more than three weeks ago. As of midnight last night, Spady had not filed any campaign paperwork with either agency.

Budget Crank: Juarez vs. Bike Lanes, Golf vs. Affordable Housing, and Climate Goals vs. Convenience

Mayor Jenny Durkan calibrated expectations for her first-ever city budget early, by asking every city department to come up with across-the-board budget cuts of between 2 and 5 percent—creating the impression that her budget would require difficult choices, while also ensuring that if popular programs did manage to escape the knife, the mayor’s office would get the credit. That, essentially, is what happened—Durkan unveiled a budget that modestly increases general-fund spending, from $5.6 billion to $5.9 billion (slightly more than the rate of inflation) while preserving homelessness programs that were paid for this year with one-time funding, minimizing layoffs, and handing out $65 million in retroactive pay to  Seattle police officers who have been working without a contract since 2015.

Shortly after she released her budget, Durkan’s office sent supporters a list of 18 suggested social media posts intended for use on social media. Each suggested post included messaging and images created by Durkan’s staff. For example, to illustrate the fact that her budget preserves funding for existing homelessness programs without raising taxes, Durkan’s office suggested the following Facebook post:

“To help our neighbors experiencing homelessness, @Mayor Jenny Durkan’s budget commits $89.5 million to support programs that we know work, including rapid rehousing, diversion, and enhanced shelters – without new taxes on businesses and residents.”

For a Twitter post on the new police contract, which also includes a 17 percent raise for officers,, Durkan’s office suggested the following:

. @SeattlePD officers haven’t had a raise since 2014. @MayorJenny’s new budget includes funding for the proposed @SPOG1952 contract that’s a good deal for our officers, good for reform, and good for Seattle. #SEAtheFuture 

Durkan appears to engage in the practice of distributing canned social-media materials, which more than one observer recently described as “very D.C.,” much more frequently than her predecessors. (Kshama Sawant may use city-owned printers to make hundreds of posters for her frequent rallies at city hall, but it’s still unusual for a mayor to use staff time to rally support for her initiatives on social media). As in D.C. politics,  the method is hit  or miss. A quick search of Twitter and Facebook reveals that the hashtag, and a handful of the posts, were mostly picked up by the social-media accounts of several city of Seattle departments—which, of course, report to Durkan.

2. The council got its first look at the budget this past week. And while this year’s discussions are shaping up to be more muted than 2017’s dramatic debate (which culminated in a flurry of last-minute changes after an early version of the head tax failed) council members are asking questions that indicate where their priorities for this year’s budget lie. Here are some of the issues I’ll be keeping an eye on, based on the first week of budget deliberations:

• Golf 

Did you know that Seattle has four taxpayer-funded public golf courses? (The city of Houston, whose population is more than three times that of Seattle, has six). The city is worried about its ability to sustain so many courses, which are supposed to bring in profits of 5 percent a year to pay back the debt the city took out to improve the golf courses to make them more attractive to golfers. (Guess that saying about spending money to make money doesn’t apply to sports with a dwindling fan base?)  This year, the city moved the cost of paying debt service on those upgrades out of the general fund (the main city budget) and into the city’s separate capital budget, where it will be paid for with King County Park Levy funding, as “a bridge solution to address the anticipated [golf revenue] shortfall for 2019,” according to the budget. The city is also considering the use of real estate excise tax (REET) money to pay for debt service on the golf course improvements.

All of this puts the future of municipal golf in question. Parks Department director Christopher Williams told the council Thursday, “We’ve got a sustainability … problem with our golf program. We’ve got a situation where rounds of golf are declining and the cost of labor for golf is increasing. … The policy question is, to what level should we subsidize public golf?

Council member Sally Bagshaw reminded Williams that affordable-housing advocates have suggested using some portion of the golf courses for affordable housing—they do occupy huge swaths of land in a city that has made all but a tiny percentage of its land off-limits to apartment buildings—but Williams demurred. “We feel we have an obligation to explore some of the more restorative steps that ask the question… can we sustain golf in the city? And does that come down to, maybe we can’t sustain four golf courses. Maybe we can only sustain the two most profitable golf courses in the city ultimately. But we don’t feel we have enough information to be in a place where we can make a compelling case that golf courses should become places for affordable housing.” The department is working on a fiscal analysis of the golf courses, which a parks department spokeswoman told me should be out in mid-October.

Budget director Ben Noble said the city is looking at alternatives such as carsharing and sharing motor pools with other jurisdictions, like King County and Sound Transit, to reduce the number of cars the city needs.

• Shrinking the City’s Car Dependence

During her budget speech and in an executive order that accompanied her budget, Mayor Durkan proposed reducing the city’s vehicle fleet, over an unspecified period of time, by 10 percent—a reduction that would mean getting rid of more than 400 city-owned cars. Lorena Gonzalez, who lives in West Seattle and is one of two at-large council members who represent the whole city, had some concerns. “Sometimes my office has to be way up in District 5 or way down in District 2 or over in District 1, and getting there and back in an efficient amount of time using a bus is pretty difficult, so we rely a lot on the motor pool, and I think that’s true of a lot of other departments throughout the city,” Gonzalez said.

“Certainly we try to encourage our employees to ride public transit into the city of Seattle, and I think one of the benefits of doing that, and one of the incentives for doing that, is that if an employee needs to get somewhere during the day, they have a motor pool car available to them.” Budget director Ben Noble responded that the city is looking at alternatives such as carsharing and sharing motor pools with other jurisdictions, like King County and Sound Transit, to reduce the number of cars the city needs.

Support

• Fort Lawton

The former Army base next to Discovery Park has been mothballed for years, awaiting the end of hostilities over a plan to build affordable family, senior, and veteran housing on the grounds. (The Army owns the land but offered it to the city for free more than a decade ago in exchange for an agreement to build affordable housing on the property. The city has been unable to hold up its side of the bargain due to ongoing challenges to its plans for housing.) While neighbors squabble over whether to allow low-income people onto the  high-end peninsula, squatters moved into some of the vacant buildings on the property, and the Army decided it was tired of paying to keep them out. That’s how the cost of securing Fort Lawton fell to the city‚ and ultimately, how a line item for hundreds of thousands of dollars in “Fort Lawton Security and Maintenance Costs” ended up in this year’s city budget.

Gonzalez was the one who noticed the eye-popping number—the Office of Housing and the Department of Finance and Administrative Services are each responsible for about $167,000 in 2019 and $172,455 in 2020—and asked OH director Steve Walker about it. “Throughout 2018, the city took responsibility for maintaining that property, as opposed to the Army maintaining that property, and that was part of the Army’s way of saying, ‘You guys are taking a long time and it’s costing us a lot of money. If we’re going to extend this window of opportunity for you, we want you the city to own those costs,’ and we agreed to do so.” Budget director Noble said the city isn’t in a great position to ask the Army to take on more of the costs to secure the property, given that the city was supposed to build housing there years ago, but added that if the city does manage to reach a deal to develop Fort Lawton, the Seattle public school district—which hopes to purchase some of the property—would be on the hook for some of the costs that the city is incurring now, so “we may even get a rebate.”

“We have two bike lanes in Seattle in District 5 that aren’t even used —125th and, barely, Roosevelt. … Some neighborhoods just don’t need bike lanes—it  just doesn’t make sense to have them.” —District 5 city council member Debora Juarez

• And—What Else?—Bike Lanes

Council member Debora Juarez, who appears to view bike and pedestrian safety improvements as a zero-sum game, sounded frustrated when her colleague Sally Bagshaw talked about the need to connect bike lanes in her downtown district so that people will feel safer riding bikes. (Last year, the percentage of commuters riding their bikes downtown actually declined.)  Juarez said she had “a different take on bike lanes than council member Bagshaw.” Then she unloaded on the idea of spending money on bike lanes in her North Seattle district when many areas don’t even have sidewalks. (This is a perennial complaint about North Seattle that stems largely from the fact that the area was built without sidewalks and annexed to the city in the 1950s.)

“We have two bike lanes in Seattle in District 5 that aren’t even used —125th and, barely, Roosevelt,” Juarez said—a claim that was immediately refuted by North Seattle cyclists on Twitter. “So I’m going to ask you to be accountable to us, to tell me how you’re justifying those bike lanes and their maintenance, particularly when I heard some numbers about … how much are we spending per mile on a bike lane… Was it $10 million or something like that?” This misconception (and it is a misconception) stems from the fact that the city’s cost estimates for bike infrastructure also include things like total street repaving, sewer replacement and repair, streetlight relocation and replacement, sidewalks, and other improvements that benefit the general public. Although bike lanes make up only a fraction of such estimates (a fact that should be obvious, given that simple bike lanes involve nothing more than paint on a road), many opponents of bike safety improvements have seized on the higher numbers to claim that bike lanes are many times more expensive than their actual cost.

Juarez continued, noting that her constituents have griped that bike lanes do not have to go through a full environmental review under the State Environmental Protection Act (a review intended to determine whether bike lanes are bad for the environment). “If you’re just putting them in to slow down traffic, then tell us you’re putting in something to slow down traffic,” Juarez said, adding, “Some neighborhoods just don’t need bike lanes—it  just doesn’t make sense to have them. In some neighborhoods, it does make sense to have them. I wasn’t around when the pedestrian bike plan was passed, but I am around now, and I do have a base that … are still scratching their heads [avout] why there are particular bike lanes and what their costs are.”

The council will hold its first public hearing on the budget at city hall (400 5th Ave.) at 5:30pm this Thursday, October 4.

%d bloggers like this: