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.

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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.

Durkan’s Proposed Budget Adds Funding for Cops, Congestion Pricing, and Buses, But Not for Safe Consumption or New Spending on Homelessness

Mayor Jenny Durkan’s $5.9 billion budget proposes hiring 40 net new police officers, funds shelter and rental-assistance programs that had been at risk of being cut while keeping overall homeless funding basically flat, and dramatically increases transportation spending, at least on paper—the $130 million in new funding consists primarily of unspent funds from the Move Seattle levy, which is currently undergoing a “reset” because the city can’t pay for everything it promised when voters passed the levy in 2015. The new transportation funding includes funding 100,000 new Metro service hours, including “microtransit” shuttles to bring riders to the ends of the existing RapidRide lines and to the water taxi in West Seattle. Those additional hours will require Metro to  work overtime to add buses, drivers, and bus parking capacity, but Metro spokesman Jeff Switzer says the 100,000 hours were also included in the King County budget that County Executive Dow Constantine transmitted yesterday, as part of a total increase of 177,000 hours of bus service over the next two years.

City budget director Ben Noble said that if the city wanted to significantly increase spending on homelessness, “that is going to have to happen through reprioritizing [funding] or some as-yet-unidentified source of revenues.” Alison Eisinger, director of the Seattle/King County Coalition on Homelessness, says that, given the ongoing homelessness crisis, “it is unconscionable to put forward a biennial budget … without additional resources for housing.”

The budget would also eliminate about 150 mostly vacant positions, eliminate funding for 217 basic shelter beds provided by the group SHARE after June of next year, fund a new city “ombud” independent from the Human Resources Department, to help employees in city department navigate the process of filing harassment or discrimination claims, and pay police officers $65 million in retroactive pay and benefits from the four years when they were working without a union contract. Officers, Durkan said, have “gone without even a raise but also [without] a [cost of living adjustment]. There hasn’t been pay raise since the beginning of 2014, so that’s four years of pay increases. …  You can get to seemingly large sums really quickly.”

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In contrast, the budget proposes making an “inflationary increase adjustment” to what it pays front-line homeless service providers of just 2 percent—less than the actual inflation rate.. Earlier this year, the Downtown Emergency Center sought more than $6 million for salaries and benefits—enough to raise an entry-level counselor’s wages from $15.45 an hour to $19.53 and to boost case managers’ salaries from a high of about $38,000 to $44,550 a year. (Currently, the lowest-paying job listed on DESC’s job board pays $16.32 an hour.) “Even a non-police officer, just a clerical position in a city department, is earning more money in salary—let alone salary plus benefits—than somebody whom we are asking to go out under bridges and work with people who have had years of being brutalized in this world,” Eisinger says.

I’ll have a lot more to say about specific budget proposals over the coming weeks as the city council digs into the details in a series of budget briefings that start on Wednesday, but for now, here are a few more highlights from the mayor’s proposal:

• Durkan’s proposed budget does not include any additional funding for a supervised consumption site (mobile or permanent); instead, it simply pushes $1.3 million that was supposed to fund a place for users to consume their drug of choice under medical supervision, with access to wound care, treatment, and case management forward into this year’s budget. Durkan said Monday that the city would not move forward with supervised consumption site until Durkan is “sure [that King County is] still willing to step up and fund the treatment portion of” a supervised consumption site. Activists, including at least one mother who had lost her son to a heroin overdose, stood outside the Pioneer Square fire station, where Durkan delivered her budget speech, protesting the fact that Durkan’s budget calls for continued inaction on safe consumption sites. It has been more than two years now since a King County task force unanimously recommended supervised consumption as part of a holistic strategy for tackling addiction to heroin and other drugs, the rest of which is slowly being implemented and funded. 

Marlys McConnell, whose son Andrew died of an accidental heroin overdose in January 2015, was wearing a “Silence=Death” t-shirt and holding up the right side of a large banner that read, “Overdose is killing a generation. Is it time to act yet, Mayor Durkan?” She said a safe consumption site could have helped diminish the shame her son felt about his own addiction, which he tried to hide from his family. “Had there been a space available for him, I would very much hope that he could have gone and taken advantage of it and been treated with love and respect and dignity. That could have been a bridge to treatment and other services early on.” McConnell is aware of the argument that safe consumption sites enable drug users to continue in their active addiction, but says, “You don’t get [recovery] ’til you get it.”

• Durkan said she would not support selling off more public land to pay for city budget priorities, as the city has done in the past. (The sale of land in South Lake Union funded new shelter beds and “tiny house village” encampments, as well as a rental-assistance program—all part of the nearly $20 million in services that this year’s budget proposal makes permanent.) The city has put its largest remaining property in South Lake Union, the so-called “Mercer Megablock,” on the market, but Durkan said the city would strongly prefer leasing the property long-term under a master lease to selling it outright. Affordable housing advocates have suggested that the city hang on to the property and use it to build high-rise affordable housing. Noble told me that nothing technically bars the city from using at least some of the land for affordable housing (either city-owned or built by a nonprofit housing provider); however, he noted that because the Seattle Department of Transportation used restricted gas-tax funds to pay for some of the Mercer Corridor Project, which used part of the megablock for construction staging, the city has to pay back SDOT (a cost that could account for about 40 percent of the proceeds from the property) before it can start building anything or funding other projects on the property. The city also has taken out significant debt on the future proceeds from the sale of the megablock site, which would also have to be repaid. Finally, high-rise housing is generally much more expensive (and therefore less appropriate for affordable housing) than low-rise, because it involves glass and steel, although advances in technology are slowly making high-rise affordable housing more feasible.

• Durkan’s budget is mostly silent on the question of the over-budget Center City Streetcar (currently stalled so city consultants can determine whether the city should finish building the downtown connector or cut its losses), but it does include about $9 million in funds over two years to help operate the existing South Lake Union and First Hill streetcars. Previously, the city had backfilled streetcar revenue shortfalls periodically as revenues consistently fell short of projections. The new budget pays for those anticipated shortfalls up front. “We’re trying to be more upfront and honest about what it’s costing for the streetcar so that we won’t continue to run in the red and having to incur the debts that we’ve seen” in the past, Durkan said.

• The transportation budget is otherwise a mixed bag for transit proponents. It includes $1 million to pay for an expanded study of congestion pricing (as currently conceived, a toll for people who want to drive into the center city during certain hours); funds new investments in adaptive signal technology, which Durkan touted as a solution for slow and delayed buses but which the National Association of City Transportation Officials says “can result in a longer cycle length that degrades multi-modal conditions” and is best for moving cars in suburban areas; and proposes asking the legislature to change state law barring the city from using traffic cameras to enforce rules against blocking bike and bus lanes. “Right now, you have to have an actual officer come over and pull them over,” Durkan said—an expensive proposition. The budget also eliminates funding for the “Play Streets” pilot program, which permanently activated some street right-of-way for active (non-car) use, and cuts funding for any new “Pavement to Parks” projects, “takes underused streets and creates public spaces for community use on a year-round, daily basis,” according to the budget.

• The proposed budget moves almost half a million dollars from parks department spending on the city’s four golf courses into the separate capital budget as a “bridge solution” for an ongoing revenue shortfall. Although the city recently invested in improvements to its golf courses—hoping that better facilities, along with higher fees, would bring in more revenue—that hasn’t panned out, and the city has hired a consultant to evaluate the program. Asked why the golf courses aren’t penciling out the way the city had hoped, Noble said that it may be that “golf just isn’t as popular as it used to be.” Affordable-housing proponents have suggested closing down at least some of the city’s golf courses and using them as sites for affordable housing.

The city council begins hearings on the mayor’s budget this week; a full schedule of budget meetings is available on the city’s website.

Morning Crank: Taxing Uber and Lyft; Stalling Safe Consumption

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Image by PraiseLightMedia via Wikimedia Commons

 When Mayor Jenny Durkan announced in April that her administration would study congestion pricing—a catchall term for strategies that place a price on driving a car into congested parts of the city, such as downtown and South Lake Union, in the hope of achieving some positive goal, such as lower emissions or faster transit service—she said she hoped to implement some kind of pricing scheme by the end of her first term, in 2021. Most people took this to mean that she would introduce a plan for cordon tolling—essentially, drawing an invisible ring around the center city and charging vehicles to enter. Because this strategy would require voter approval, Durkan’s team will need to figure out how to get around the obvious objections—creating a plan that doesn’t disproportionately harm low-income workers who rely on cars, for example, and that makes transit seem like a viable alternative to driving to people who choose to commute by car.

In the meantime, the mayor is considering another option: Charging Uber and Lyft riders a special tax that will increase the cost to use the car-hire platforms by a few bucks a trip—just enough, perhaps, to nudge some commuters onto buses or trains. According to the mayor’s office, half of all Uber and Lyft trips in Seattle include a trip through the center city. In addition, ride-hailing cars often circle around downtown waiting for the signal that someone needs a ride; this contributes to both congestion and pollution, and makes it harder for buses to move quickly through the area. City council member Mike O’Brien, who supports congestion pricing, says, “There seems to be pretty clear evidence that [Uber and Lyft are] causing congestion and that people are converting from transit to a lesser mode, which is riding in these [vehicles].” O’Brien says he has heard reports of companies in South Lake Union giving free Uber and Lyft shared-ride passes to employees, which creates an incentive to use those services instead of less-convenient transit. “There’s an argument, from my perspective at least, that Uber and Lyft are living in an unequitable world to their favor,” O’Brien says.

The Downtown Seattle Association’s annual commute numbers, which do not distinguish between calling an Uber for a ride and carpooling with a group of colleagues, and their annual commute survey does not indicate a major shift from transit to ride-hailing—yet. A University of California-Davis study last year showed that, in general, urban commuters are switching from transit to ride-hailing companies in record numbers. On average, people who live in major American cities use transit 6 percent less after they start using a ride-hailing service, according to the study. Surprisingly, perhaps, ride-hailing service users who also take transit are more likely to own cars, and to own slightly more cars, than people who just commute by transit; and non-transit users who use ride-hailing services are no less likely to own cars than non-transit users who don’t use ride-hailing platforms. According to the study, “The majority of ride-hailing users (91%) have not made any changes with regards to whether or not they own a vehicle.” As for those who have reduced their personal driving, the study concludes, “[They] have substituted those trips with increased ride-hailing use.”

2. Plans to open the nation’s first safe consumption site in Seattle appear to have foundered. According to multiple people familiar with discussions at the city about whether to fund a new safe consumption site, Mayor Jenny Durkan has not committed to fund the project in her upcoming budget proposal.

In 2016, a county task force on heroin and prescription opiate addiction unanimously recommended the creation of at least two safe consumption sites in King County—one in Seattle, the other somewhere else in the county. (Safe consumption sites allow drug users to consume substances by non-injection methods such as inhalation, which is generally safer and allows people who use drugs that are traditionally smoked or snorted to do so under medical supervision). Those plans stalled under political pressure, as city after city (including Auburn, whose mayor Nancy Backus was on the opiate task force) adopted laws preemptively barring safe consumption sites inside their borders. Last year, the Seattle city council appropriated $1.3 million to establish and operate a safe consumption site; in June, however, the council indicated it would opt for a mobile injection-only van, which would likely preclude consumption by means other than injection but would be cheaper and potentially easier than siting a permanent facility. The mayor’s office says the $1.3 million will be in its 2019 budget.

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Running a safe consumption site would require a new financial commitment of about $2 million a year. Durkan has already asked city departments to come up with budget cuts of between 2 and 5 percent in anticipation of a funding shortfall for 2019. In addition, the city budget office and council have to come up with around $10 million a year to pay for programs related to homelessness that Durkan paid for this year with one-time funding. In that climate, it’s hardly surprising that Durkan—who did not make safe consumption or reducing overdoses a campaign issue and has not made the proposal one of her legislative priorities—would be inclined to let it fall through the cracks, at least for now. On August 27, three days before Seattle advocates commemorated International Overdose Awareness Day with balloons and overdose prevention trainings in Westlake Park, deputy US attorney general Rod Rosenstein wrote an op/ed for the New York Times railing against safe injection sites, and specifically calling out Seattle’s plans to build a mobile injection van. “Injection sites destroy the surrounding community, creating “war zone[s]” with “drug-addled, glassy-eyed people strewn about.”

Seventeen years ago, a county task force on heroin and opiate addiction recommended many of the same measures the city and county are discussing today, including overdose response training, greater access to syringes, and other harm reduction methods, including (potentially) safe injection sites and encouraging drug users to use safer consumption methods. The report, and its recommendations, sat on a shelf for 14 years, with predictable consequences. The consequences of ignoring the recommendations of the 2016 task force will be equally predictable.

3.  It’s been  nine months since Scott Kubly, the former director of the Seattle Department of Transportation, resigned and was replaced on an interim basis by his deputy, Geron Sparrman. It’s been more than two weeks since Sparrman left to take a job at HNTB, a consulting firm that had numerous open contracts with the city of Seattle when Sparrman agreed to take the position, and Durkan announced that former Alaskan Way tunnel project director Linea Laird would take over as his replacement, also on an interim basis. And it’s been one week since the city finally posted the SDOT director position on the city’s official job bulletin, along with a brief description of the position and desired qualifications. According to the notice, interested candidates should contact Reffett Associates, an executive search firm with offices in Bellevue, Dallas, and Washington, D.C.

Afternoon Crank: Bad News for Sound Transit, a Good Idea From Sound Transit, and Grandstanding on Forced “Treatment”

Late Morning Crank: New Homelessness Policies and New Streetcar Claims

1. Update: The mayor’s office says they have been briefing council members on the four elements of its homelessness strategy (spending and accountability, crisis response/creating safer spaces, regional coordination, and affordable housing) but is not rolling out any major new policies. Mayoral spokeswoman Stephanie Formas says rumors around ramped-up enforcement could be related to the previously announced additional $500,000 the city plans to spend on its Navigation Teams. As for the idea that the city plans to implement involuntary commitment to detox for addicted people who decline assistance from Navigation Team members, Formas pointed to a letter to the co-chairs of the One Table task force signed by the mayors of Auburn, Renton, Kent, Bellevue, and Kirkland suggesting that the leaders of the regional initiative (which has been dormant for months but is meeting again next week), should consider “involuntary treatment for those presenting an imminent likelihood of serious harm to self or others, or who are gravely disabled as a result of substance use disorder” and who refuse to go to treatment. Should this become an element of the One Table implementation strategy, it would mean forcing people into short-term detox, which has not been shown to be effective for treating severe addiction.

Original item: Mayor Jenny Durkan’s office has reportedly been briefing city council members on a new policy related to homelessness that, rumor has it, involves more strenuous enforcement of the city’s anti-trespassing and no-camping laws. Conversations with folks on the second floor and advocates working on homelessness-related issues indicate that the new policy could involve involuntary commitments for people suffering from addiction under Ricky’s Law, which allows adults to beheld for up to 17 days in “secure withdrawal management and stabilization facilities,” AKA secure detox, if they are available; since the state and King County would ultimately be responsible for actually funding detox beds, this could be a way of putting pressure on the county for ramping up detox funding. Currently, there are only a few dozen detox beds available in all of King County, including a recently opened facility on Beacon Hill that filled an existing gap in care left by the closure of Recovery Centers of King County; that facility has 32 beds for patients needing detox. Formas said they would be “doing some action items on homelessness and affordability next week.”

So far, according to council log-in sheets, the mayor’s office has met with council public safety committee chair Lorena Gonzalez, council president Bruce Harrell (both yesterday), and council members Mike O’Brien  and Sally Bagshaw (this morning). I will update as I learn more.

2. I reported last week on the Freedom Foundation’s lawsuit challenging a tiny house village” encampment in South Lake Union on the grounds that it violates state environmental rules. One thing I didn’t discuss in detail is the fact that the reason the city has been able to authorize so many tiny house villages—seven, at the moment, or four more than are allowed under a city ordinance limiting the total number of authorized encampments to three—is that each of the new authorized camps has been approved on a rolling conditional basis under what’s known as a “type 1 permit.” Such permits, which must be renewed every four weeks, are meant for temporary uses such as temporary fire and police station relocations or farmers’ markets, as well as any other temporary use that’s meant to last four weeks or less. Type 1 permits can be approved administratively, meaning that they don’t have to go through a lengthy public hearing process or the usual environmental review. (The Freedom Foundation’s lawsuit challenges this premise, and also argues that temporary encampments should be Type 2 decisions, which require more process and are more involved.)

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This struck me as a peculiar way of permitting encampments, given that the city has decided as a matter of policy and law that only three encampments should be allowed citywide. I’m no lawyer, but it also seems like an area where the city could be legally vulnerable—if the city wants to allow more than three encampments, then why not do so through the legislative process, by changing the law, instead of using this workaround? The city attorney’s office had no comment on the legal ramifications of using Type 1 four-week permits to allow tiny house villages.  Wendy Shark, a spokeswoman for the city’s Department of Construction and Inspections, says temporary permits are only for “encampments that are also in the process of applying for the 6-month temporary use permit.  In every case, encampments needing temporary use permits are applying for the 6-month permit or will soon apply.  Since the 6-month permit is a ‘Type II’ application involving public notice and opportunity to appeal to the City’s Hearing Examiner, the Type I four-week permit is a means to establish an encampment in the short term while the longer public process occurs.”

However, since city law currently restricts the total number of longer-term encampments to three, Shark adds that “legislation will be needed to change the current number of interim use encampments that are permitted.”

3. Local transportation Twitter was buzzing this week over a couple of articles about Seattle projects aimed at improving mobility for cyclists, pedestrians, and transit riders. I covered the first, a Crosscut editorial claiming that bike lanes are only for rich white people,  on Wednesday. The second, an article by Times reporter David Gutman, repeated claims from Mayor Jenny Durkan’s office that the delayed downtown streetcar may be too bulky, and use the wrong track gauge, to connect to the existing South Lake Union and First Hill lines. I reported on the same claims in a brief item Wednesday morning, noting that if the claims turned out to be true, it would represent a significant embarrassment for the city along the lines of the time when Sound Transit had to go in and remove tracks installed by King County Metro in the downtown transit tunnel because they were the wrong size for light rail.

Yesterday, however, transit advocates began to dispute the mayor’s claims, and Gutman’s story, pointing out that both of the two types of streetcar bodies that would run along the connected line use the same standard gauge (1435-millimeter) track, and that the difference in the car widths is relatively trivial. The new cars, built by CAF USA, would be about ten feet longer than existing streetcars, which were manufactured by Inekon. The print and current online editions of Gutman’s story include context about the likely actual size of the vehicles and the fact that the gauge of the tracks is compatible with both cars, contrary to what Durkan implied in her statement, which suggested that the city does not even know if “the new vehicles [are] compatible with the current track gauge.”

However, the story that the  Times initially ran online did not include any of that information. After it went up, both FOX News and local conservative radio host Dori Monson latched on to what FOX calls the “streetcar fiasco,” which FOX described, in typical FOX fashion, as the latest setback for a left-wing mayor trying to raise her national profile with “fervent attacks against the Trump administration over immigration, climate change and abortion.”  Monson, meanwhile, suggested that former SDOT director Scott Kubly “should be in prison” and that former King County executive Ron Sims is a fake “man of God” who is destined for hell.

When I asked mayoral spokeswoman Stephanie Formas about the mayor’s statement Tuesday night, she said, “we do know that the cars are heavier, wider, and longer than the current cars, but engineers are looking at all the facts in the context of these cars running on the full system.” On Wednesday, Formas followed up with more details, acknowledging that the tracks are technically compatible with the new cars and that the new vehicles are actually slightly narrower than the existing streetcars, but adding that “evaluation of the existing conditions related to track gauge is necessary to provide accurate data to CAF so that they can account for these differences in the design of the track and wheel profile for the CAF vehicle.”

In addition to concerns about whether the new streetcars would fit into the existing maintenance barn, Formas said that the “dynamic envelope” of the streetcar, which includes both width and length, raised concerns about the vehicles “hit[ting] other elements in the ROW, such as trees, signage, curbs, and poles as they travel along the track.” The streetcar will be still about six inches narrower than a typical King County Metro bus, which are eight and a half feet wide (compared to eight feet, .038 inches for the new streetcars and eight feet, .085 inches for the existing ones.)

Morning Crank: “Poor People Are People”

KIRO’s Jason Rantz was there, too.

1. A sharply divided standing-room-only crowd gathered last Thursday at 415 Westlake—an airy South Lake Union events center that ordinarily hosts weddings, fundraisers, and bat mitzvahs—and both sides came ready to shout. About 200 people (including former Republican gubernatorial candidate Bill Bryant) crammed into the space, many of them jostling for standing room in the back, to hear a presentation on a proposed “tiny house village” in South Lake Union and register their support or protest. Representatives from a new group called Unified Seattle handed out fact sheets and glossy campaign-style signs to fellow tiny-house opponents in the audience—a stark contrast to the hand-drawn, crayon-colored reading “We Welcome Our New Neighbors” that supporters of another tiny house village, at 18th and Yesler, held aloft at a similar meeting last month.  Unified Seattle—a group that, according to its website, includes Safe Seattle and the Neighborhood Safety Alliance and until last week also listed Speak Out Seattle among its backers—purchased Facebook ads to encourage people to show up at the meeting. “The City Council is trying to put a new shack encampment in our neighborhood. Join us to tell them NO!” the event page urged.

The “village”—a collection of garden-shed-like temporary housing units that will occupy a city-owned lot on 8th Avenue North and Aloha Street that was previously used as a parking lot—is the subject of a lawsuit by the Freedom Foundation, a statewide group that is best known for trying to thwart the Service Employees International Union from organizing home health care workers; according to the Seattle Times, the suit contends that the city did not adequately inform the community of the proposal, did not do a required environmental review, and has exceeded the maximum number of tiny house villages allowed under city law. The opening date for the encampment, (originally scheduled for July, then quietly bumped to November in the latest version of Mayor Jenny Durkan’s “bridge housing” plan) could end up getting pushed back even further.

As of January 2018, there were at least 4,488 people living unsheltered in Seattle; All Home King County acknowledges that this is an undercount, and that the total number is in reality higher.

Opponents of the tiny house village, which would be run by the Low-Income Housing Institute and would provide temporary shelter to about 65 people, focused on the fact that the encampment will not be an explicitly clean and sober environment; although drugs and alcohol will be prohibited in all common areas (and smoking prohibited throughout the site), LIHI will not go into people’s individual sheds and search for contraband, which means, in practice, that people can drink and use drugs in the houses. When Seattle homelessness strategy division director Tiffany Washington noted that this is precisely the city’s policy for dealing with people who live in regular homes (“If I’m using drugs in my house, how will you know?”)—opponents in the crowd erupted in shouts and boos. “The taxpayers don’t pay for your house!” someone yelled. “I provide my kids with rules,” a speaker said moments later, adding that if he thought they were up to no good, “I might search the room.” That prompted another shout from the back: “They’re not kids!”

Elisabeth James, one of the leaders of Speak Out Seattle, suggested that the city would be foolish to give up the revenue it receives from the parking lot where the village would be located. “I look at this parking lot that generates over a million dollars a year, then we’re going to give up that and pay to house people on a parking lot? That seems like a waste of money to me,” she said. Brandishing a four-page, folded color flyer that LIHI handed out at the meeting, James continued, “I look at this fancy folder that you guys have and I think this is a waste of money! And this is one of the reasons that the neighbors are so upset and frustrated.”

Another neighbor, condo owner and retired police officer Greg Williams, suggested that instead of allowing “the ‘homeless,’ as you call them” to live on the site and “destroy it,” they should be required to provide free labor as payment. “They can give us four hours a day. They can clean. They can do something for us to offset” what they cost the community Williams said. “We don’t live free. Why should they live free? If they want to do something, get that experience of a job. Get that experience having to be somewhere on time every day.” According to an annual survey commissioned by All Home King County, 20 percent of King County’s homeless residents have jobs; 25 percent cited job loss as the primary reason they became homeless; and 45 percent were actively looking for work.

Many people wanted to know whether LIHI or the city would be doing “background checks” on the people who want to live in the village, either to see whether they have active warrants inside or outside Washington State, or to determine whether they are local residents, as a way of weeding out homeless people who aren’t “from here.” The short answer to each question is that the city won’t exclude anyone, except registered sex offenders, from shelter because of their criminal history, and they can’t exclude people based on where they came from, because that would be housing discrimination. The longer answer is that homeless people frequently have criminal records because of minor, nonviolent offenses, either because they committed low-level crimes like shoplifting or because they violated laws against loitering, lying down, sleeping, urinating, or having an open container in public. (Open containers are illegal for everybody, but homeless people are uniquely unable to drink, or perform many other activities housed people take for granted anywhere but in public.) Basically any activity that housed people do in the privacy of their own homes becomes illegal when you do it in public; denying shelter to every homeless person who has been caught doing one of these things and locking them in jail instead would be a logistical and civil-rights nightmare, not to mention a tremendous burden on public resources.

Amid all the opposition, several people spoke up in favor of LIHI’s plan. They included Kim Sherman, a Beacon Hill resident who hosts a formerly homeless man in a backyard guest house through a program called the BLOCK Project; Mike McQuaid, a member of the South Lake Union Community Council; and Sue Hodes, a longtime activist who worked on the pro-head tax “decline to sign” effort. Hodes made an impassioned plea for the people who opposed the encampment to recognize that “poor people are people” but got shouted down when she pointed out  that opponents of stopgap survival measures like tiny house villages and encampments are “mostly white, mostly middle-class.” “She’s saying nasty things! She’s attacking us!” members of the mostly white, mostly middle-class audience shouted.

Image via Fourth and Madison Building, fourthandmadison.com

2. The city’s Office of Planning and Community Development is proposing changes to the existing incentive zoning program for commercial properties, which allows developers to build taller and denser in exchange for building or funding affordable child care and housing. OCPD strategic advisor Brennon Staley presented the proposed changes, which are aimed at making the city’s various incentive zoning programs more consistent and easier to use, to the Seattle Planning Commission last Thursday.

Although most of the changes won’t have an immediate, dramatic impact on the street level in places like downtown, South Lake Union, and the University District (making it easier for developers to preserve historic buildings and affordable housing through transfers of development rights, for example, will have the result of keeping the streetscape the same), one change that could make a visible impact is the proposed update to the city’s privately owned public space (POPS) program. POPS, which developers are required to provide as part of any new development, are often hard to find, hostile to the general public, and inaccessible outside business hours. (The quintessential example is the 7th-floor plaza at the Fourth and Madison Building, accessible only from inside the building and marked only by a small sign  at the building’s base. Thank former city council member Nick Licata for that modest marker!)

The proposed changes would provide more flexibility for developers to build smaller, more flexible open spaces, allow cafes, movable seating, and games to help “activate” smaller public spaces, and require that all privately owned public spaces be open between 6am and 10pm, the same hours as public parks. One commissioner, Amy Shumann, suggested that OCPD require larger signs than the small, green-and-white markers that currently point pedestrians to these spaces; another, David Goldberg, asked whether developers might be able to pay a fee instead of providing open space on site, an idea Staley shot down by pointing out that when the city has tried to do this kind of program in the past, they’ve ended up having to give the money back because they haven’t been able to collect enough money to build the spaces elsewhere.

Morning Crank: A “Bike Lane” Gone Wild

 

SDOT’s revised bus mobility estimates, which dial back sharply on RapidRide promises

1. On Thursday night, the Move Seattle Levy Oversight Committee got a few new details about the “reset” the Seattle Department of Transportation is proposing for the $930 million Move Seattle levy, which will fail to meet most of its goals for pedestrian, bike, and transit projects due to cost overruns and a lack of anticipated federal funding.

I first wrote about the “reset” in early April, when I reported that “The ‘reset’ will likely mean significant cuts to some of the projects that were promised in the levy, particularly those that assumed high levels of federal funding, such as seven proposed new RapidRide lines, which were supposed to get more than half their funding ($218 million) from the feds. “They’re calling it a ‘reset,’ but I don’t know what that means,” says city council transportation committee chairman Mike O’Brien.  “It’s not terribly encouraging.” Additionally, O’Brien says, “costs have gone up significantly in the last few years because of the pace of the economy,” making capital projects, in particular, more expensive than the city bargained for.

The Seattle Times covered the story a few weeks later, noting that when SDOT presented its initial report on the shortfall to the levy oversight committee, the agency “gave no actual numbers or estimates of the size of the funding shortfall.” The city was counting on about $564 million in federal funds to leverage the $930 million in local tax dollars in the levy, but much of that funding has since fallen through or remains in doubt.

The report presented last night gives a better, though still incomplete, sense of what the likely shortfall will look like, and how the city is proposing to scale back the projects it promised. It also, importantly, represents a point of view about both what type of projects are important and what the city assumes about the future. The “reset” plan, if implemented, will undoubtedly make life easier for SDOT. But there will be a cost in lost goodwill among the communities that eagerly campaigned for, and voted for, Move Seattle, including bike and pedestrian advocacy groups that have already been burned by a department willing to (mis)characterize a curb-to-curb street rebuild on Second Avenue as a “bike lane” gone wild.

Under the revised Move Seattle plan, pedestrian, and bus priority-related projects will take the biggest hits, while repaving of arterial streets to enhance the physical travel experience of “all people in cars, trucks, and buses” will see the least dramatic cuts. That’s also a choice. SDOT could have invested more heavily in mobility projects for non-vehicular users (or bus riders, for that matter) or chosen not to require the bike mobility program, for example, to pay for non-bike-related improvements such as new traffic signals for cars. (Seriously, read Tom Fucoloro’s report on this, which breaks down the reasons “$12 million for a bike lane” is a canard).

Some highlights from the new report:

• Protected bike lanes and greenways—the gold standard for bike lanes, because they separate riders from cars and make it easier for people at a ride variety of skill levels to bike safely—are more expensive (between $650,000 and $2 million a mile) than simply painting a stripe on the ground. With an estimated shortfall of $36 million, SDOT is recommending that many proposed PBLs and greenways be replaced “using lower-cost design treatments (i.e. paint striping and posts in lieu of concrete curbs) to deliver the maximum amount of bicycle network connectivity.”

• Sidewalk construction, as David Gutman of the Seattle Times has reported, will be scaled back. Specifically, according to yesterday’s update, the city thinks it will have to build the 250 blocks of new sidewalks it promised in 2015 through a combination of traditional concrete sidewalks with curb ramps and “low-cost sidewalks” that use materials such as stamped  concrete and asphalt to cut down on the cost of materials.

• The seven new RapidRide corridors promised in the original Move Seattle plan are, as expected, unlikely to happen, thanks to a funding shortfall SDOT now estimates at $130 million. Instead of making the capital improvements that would be required to extend RapidRide to Southeast Seattle, Delridge, and the Central District, the city may instead make small improvements such as consolidating (eliminating) bus stops, dedicating some existing lanes to buses, and “upgrades to bus stops, boarding platforms and pedestrian crossing features.”

• The city believes it will still be able to meet its original goal of repaving up to 180 lane-miles on arterial streets—a $235 million line item in the original $930 million levy—by “deferring higher-cost reconstruction projects” and repaving some new streets with asphalt, rather than more-expensive (and longer-lasting) concrete.

2. Back in April, the Seattle Public Library system decided to install sharps containers in the restrooms at several branches in response to an uptick in improper needle disposal by injection drug users. The decision represented a 180-degree reversal in policy for the library. Back in March, after a custodial workers was jabbed by a needle while changing the trash in the women’s restroom at the Ballard branch, library spokeswoman Andra Addison told me that installing sharps disposal containers would be tantamount to condoning illegal drug use. Drug users, Addison added, might pull the containers off the wall and break into them to get at the needles inside, causing “a big mess.”

Earlier this month, the library sent out an update on how the pilot program is performing. (I obtained the report through a public records request). The report covers four weeks between April 6 and May 4. During those weeks, visitors to the Ballard, Capitol Hill, University, and Central library branch restrooms deposited 179 needles in the 14 sharps containers installed at those four locations—a number that is slightly skewed by a bag of 50 unused needles that was dropped in a container at the Capitol Hill branch.

Interestingly, given that Addison initially said that the library had considered installing sharps containers but decided that “we really just don’t have a need for” them, library staffers reported picking up improperly discarded used needles at branches across the system throughout the same period, including branches that did not get sharps containers. Systemwide, library workers picked up 112 improperly discarded needles during the pilot period, including a total of 50 between the Ballard, Capitol Hill, and University branches. There’s no control data to compare those collection numbers to, but it’s a fair assumption that if there were no sharps disposal containers at those four branches, that number would include the 179 needles that were left in the boxes, demonstrating not only that the Seattle Public Library does have a major problem with people discarding used needles on library property, but that the containers are working. Other branches where staffers found a significant number of needles lying around include Broadview (18), Fremont (11), and Greenwood (9).

Read the full update from the library here.

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After Needle Incident at Ballard Library, Library System Will Install a Handful of Sharps Containers on a Pilot Basis

UPDATE: On Friday, the Seattle Public Library said it now plans to install sharps containers in all restrooms at the downtown, Ballard, University District, and Capitol Hill branches on a six-month pilot basis. In an email, library spokeswoman Andra Addison said the pilot is intended to help library staff “better understand the performance and durability of the containers we have selected, as well as any physical impacts to the restrooms.” The sharps containers will stay in the restrooms after the six-month pilot period ends, unless there is a compelling reason” to remove them.
“In addition to monitoring use of the containers, the Library will also be tracking whether or not the containers reduce the number of needles found inside or outside the libraries,” Addison said.

This story originally appeared on Seattle Magazine’s website.

 

In the wake of an incident in which a custodian was pricked with a hypodermic needle at the Ballard library last month, the Seattle Public Library system will install sharps containers on a pilot basis at several of its branches, potentially including Ballard. The custodian was taking out the trash in the women’s restroom when he was stuck with a needle tucked inside the package for a sanitary pad and was taken to the hospital, where he was released without incident.

Earlier this month, library spokeswoman Andra Addison said SPL had no plans to install sharps containers in any of its branches, despite the recent dramatic uptick in public use of injection drugs, including heroin and fentanyl. “We don’t allow illegal drug use in the library. It’s against our rules of conduct,” Addison said. Addison claimed the incident in Ballard was the first of its kind in the library system, and said “we don’t really have a need for” containers for drug users (and insulin-dependent diabetics, for that matter) to dispose of used needles.

Since that story ran, however, the library has told staffers that it now plans to install sharps containers on a pilot basis in collaboration with Seattle Public Utilities, which already has installed sharps containers at a handful of locations (including three park restrooms) around the city. Earlier this week, SPL chief librarian Marcellus Turner told a citizen inquiring about sharps containers that the library “recognize[s]we need to enhance our practices and are moving in that direction.

“We also are conducting additional research with other library systems and have contacted Seattle Public Utilities to understand how the Library might participate in or be served through its Sharps disposal project,” Turner added.

According to library spokeswoman Caroline Ullmann, the library is “moving forward with a project that pilots two approaches 1) a container placed outside of a branch on Library property and 2) a container placed inside a branch. We are doing this at several locations at one time with the goal being to find out if one type of device or treatment is preferable to another. We are in the process of determining the locations for the project and confirming a timeline,”

The King County Public Library system, which operates outside Seattle, has sharps containers branches in Burien, Renton, and Bellevue, locations where library staffers reported finding needles on bathroom floors and flushed down toilets.

According to library spokeswoman Caroline Ullmann, the library is “in the process of determining the locations for the project and confirming a timeline.” Asked whether the plan is to locate the inside sharps container in a restroom—and, if so, whether it will be in the men’s or women’s restroom—Ullmann responded, “I have not heard if we’ve decided precisely where in the branch to locate the container.”

The five library branches with the highest number of drug-related incidents are Capitol Hill, the University District, Ballard, Lake City, and South Park.

A Seattle Library Employee Was Stuck With a Needle. Should Branches Make Changes to Deal With the Opioid Epidemic?

This story originally appeared on Seattle Magazine’s website.

Late last month, a Seattle Public Library custodian was rushed to a hospital after being stuck with a needle while cleaning out a trash can in the women’s restroom at SPL’s Ballard branch.

The needle was tucked inside a sanitary napkin container, with the point facing out, according to Seattle Public Libraries spokeswoman Andra Addison. Addison says this is the first time she’s aware of that a library employee has been pricked by a needle at any of the branches.

The opioid epidemic has led to a dramatic, highly visible uptick in public drug use in the city, including on city-owned property such as parks and public libraries. But despite rising rates of opiate use and overdose deaths (219 of a record 332 drug-use deaths in King County in 2016 were opioid-related), the Seattle library system does not allow sharps containers—sealed medical-waste bins to discard used needles—in any of its public restrooms. Instead of offering public sharps containers, the library trains its staffers on how to dispose of needles when they come across them, and provides extra-thick gloves, blue “pinchers” (to pick up the needles), and small plastic containers for sharps disposal.

Addison says there’s a simple reason that the library doesn’t provide sharps containers for drug users: “We don’t allow illegal drug use in the library. It’s against our rules of conduct.” Providing sharps containers would be a tacit acknowledgement that people are using drugs at the library in violation of those rules.

Even if the library did provide sharps containers, Addison adds, “that doesn’t mean [people are] going to use it. People will still probably put needles in places where they don’t belong.” Another concern, Addison says, is that “people do break in [to sharps containers] to get needles. … If they pull them off [the wall], there will be a big mess.”

But other libraries, both across the country and right here in King County, have taken a different approach. The King County Public Library system has sharps containers branches in Burien, Renton, and Bellevue, locations where library staffers reported finding needles on bathroom floors and flushed down toilets.

The county system doesn’t allow people to use illegal drugs on their premises either, says Melissa Munn, the community conduct coordinator for King County libraries, but they also realize that “we don’t have any control over it. We can’t stop what’s coming in our door every day. We just can’t. And people use drugs—that’s just the fact—and people sometimes use drugs in our restrooms. That’s also a fact.”

As Munn sees it, providing safe places for people to dispose of their needles so that other people don’t get exposed to drugs or communicable diseases is a public-safety measure, not an endorsement of illegal drug use.

“People are going to use drugs, and they’re going to use drugs in lots of places. [King County Libraries] can’t solve the drug problem, but we can provide a place for them to dispose of their needles so that they’re not putting other people in harm’s way.”

As for drug users breaking in to sharps containers to steal used needles, Munn says, “we have never experienced damage to any of these containers.”

Since last year, a Seattle Public Utilities pilot program has made sharps containers available at a handful of locations (including three park restrooms) around the city. According to Julie Moore, a spokeswoman for the city’s department of Finance and Administrative Services, there are no sharps containers in other publicly accessible city buildings managed by FAS, including City Hall, the Seattle Municipal Tower, or fire or police stations.

Addison says the library’s administrative services division (which sets policies for library buildings, such as whether they will offer sharps containers), discussed providing sharps containers at one point, but determined that “we just really don’t have the need for it.” However, she adds, “the world is changing,” and “it’s not something we wouldn’t consider” if the need arose.

Advocates say Seattle is already far past that point. “We hear from librarians all the time, because [drug use] happens in libraries, so it is disappointing that there are not more proactive resources available,” says Patricia Sully, the coordinator for the drug policy group VOCAL-WA. Both Sully and a representative from REACH, a street outreach group that works with homeless people struggling with addiction, were surprised to learn that the library has a policy prohibiting sharps containers. “We’re not nearly as far along as we thought,” Sully says.