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.

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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.

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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.

 

Extra Fizz: Challenge to Fort Lawton Housing Is On Its Last Legs

Photo: Alex Crook for Seattle magazine.

A legal challenge to proposed affordable housing at Fort Lawton, the former Army base next to Discovery Park, appears to be on its last legs. If the city’s hearing examiner dismisses the case, which has been going on, in various forms, since 2008, the city will finally be able to proceed on plans to build hundreds of units of housing on the site, which the Army formally mothballed in 2011.

Elizabeth Campbell, the Magnolia activist who has filed appeal after appeal to stall the development, did not show up at a scheduled meeting with the hearing examiner last week, which had already been postponed for a month at Campbell’s request so that she could get an attorney to represent her. (Campbell asked for a stay, initially, because of a planned vacation; later, she asked for more time because of an illness. The result has been additional months of delay.)

At the meeting last week, hearing examiner Ryan Vancil set a schedule for the rest of the hearing process, but noted that because Campbell has missed numerous deadlines for providing evidence, calling witnesses, and appointing counsel, any arguments she makes from this point forward must be restricted to purely legal theory, and can’t include any new facts or evidence.

At the conference last week, Vancil noted that Campbell had not called to let him know she would not be showing up, and noted that he would be justified in dismissing the case based on her “failure to prosecute,” but said that “out of an abundance of caution,” that he wanted to give her one last chance to reply to the city in the case. In his order, Vancil wrote that:

Appellants’ failure to appear at the pre-hearing conference, failure to file exhibit and witness lists, and apparent failure to secure counsel as a result of the stay are sufficient grounds for this matter to be dismissed. However, the Appellants will be afforded a final opportunity to pursue their case. As there is no opportunity remaining for Appellants to introduce new evidence or testimony, the hearing for this matter scheduled for Monday October 29, 2018 is canceled. The parties will address any remaining issues in this matter in the form of legal briefing.

Campbell, who did not respond to a request for comment, has until this Friday, November 2, to file a closing brief in her case.

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.

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.

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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.”

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(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.

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.

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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.

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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.

Morning Crank: An Even Bigger Table

1. At the inaugural meeting of her “innovation advisory council”—a group of local tech leaders brought together to suggest tech- and data-based approaches to addressing problems such as homelessness and traffic—Mayor Jenny Durkan lavished praise on Seattle’s tech community, calling them “some of the most brilliant talent anywhere,” and noted that there has already been “an outpouring of interest” among other tech leaders in joining the group. “As big as this table is, it’s going to get bigger,” Durkan said, before leaving leaving the group to their discussion about how to help the city address its most vexing issues.

Yesterday meeting was mostly introductory—officials from the city’s human services and transportation departments gave presentations and answered questions from the group, which included representatives from Amazon, Expedia, Microsoft, Twitter, Facebook, and Tableau—but it still revealed some of the challenges this very large group will face in coming up with “innovative” solutions. The first is precisely what Durkan highlighted—the “table” already includes dozens of people, with more, apparently, to come; One Table, the last “table” effort in which Durkan was involved, met a few times, fizzled for a while, and then came back with a tepid set of recommendations for addressing the root causes of homelessness that could be summarized, basically, as “build more housing, and also treatment.” Without a targeted mission in mind—say, creating a new system to give the city’s Navigation Team instant access to a list of available shelter beds so they don’t have to call around when removing people from encampments—it’s easy to see this council meeting a few times, releasing a list of half-conceived ideas, and disbanding without any commitment to spend more time and, importantly, money on actually implementing their own suggestions. Michael Schutzler, head of the Washington Technology Industry Association, alluded to this concern, noting that “we can’t boil the ocean.”

The other issue that was immediately apparent yesterday was the fact that the advisory council would have benefited from the inclusion of someone who works full-time on homelessness and can quickly get other members up to speed on basic facts about the issue. Like many such councils, members come to the table with varying levels of baseline knowledge; nonetheless, it was somewhat jarring to hear Steve McChesney, VP of global marketing for F5, say, “I don’t understand, personally, what the behaviors are leading up to” homelessness. The city and county have done numerous studies, surveys, and presentations on the causes of homelessness, and “behavior” (such as having a substance use disorder) falls far behind high housing costs on the list of the root causes of homelessness.

The group will hold two more meetings to come up with a list of ideas, which will then be narrowed down for further discussion. City council president Bruce Harrell suggested that future meetings might not be open to the public or the press, and should include a “strong facilitator,” noting that the negotiations that got the city a $15 minimum wage didn’t happen in the public eye.

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2. One data point that jumped out at me from the city’s latest report on race and gender equity in city employment was the fact that the overwhelming majority of city employees who took advantage of paid parental leave last year—73 percent—were men. (Meanwhile, 64 percent of those who took family leave, which is provided for employees to care for children and other family members, were women.) These numbers can be accounted for, in part, by what the report calls the “very imbalanced” nature of the city’s workforce: Just 38.6 percent of the city’s workers are women, so if men and women took parental leave at equal rates, you would expect men to make up about 61 percent of those taking parental leave. However, men have not historically been the ones taking parental leave, and even assuming that they do so at the same rate as women doesn’t account for the entire gender divide.

So what’s going on here? A deeper look at the numbers reveals that the departments where men are far more likely than women to take time off for a new baby are also the ones that are most heavily dominated by men—City Light (where 78 percent of those taking parental leave since a new 12-week leave policy went into effect were men, and men make up 70 percent of the workforce), Police (where 88 percent of leave-takers were men, and men make up 72 percent of the workforce), and Fire (where 94 percent of leave-takers were men, and men make up 88 percent of the workforce). Deborah Jaquith, a spokeswoman for the city’s human resources department, says, “We can’t say specifically why there’s a higher proportion of male PPL takers, but you can see how that figure isn’t so surprising in the context of the city’s overall gender imbalances and the imbalances in these departments specifically.”

Some additional theories: Perhaps men in mostly male environments feel that they are unlikely to suffer workplace penalties for taking time off; after all, everyone else is doing it. Conversely, perhaps women in those environments are less likely to take time off precisely because they fear they will be penalized for pregnancy and childbirth in a male-dominated environment. The data don’t say, and the report does not include a survey to find out the specific stories behind the demographics.

As for the fact that women are far more likely than men to take time off to take their kids to the doctor, stay home when a child is sick, or take care of an ailing family member?  Well, women have always borne most of the burden of household responsibilities, and—despite progress in other areas, such as men’s increasing willingness to take paternal leave, which is an important advance toward gender progress—they’re still doing so today.

Afternoon Crank: Public Land Sale Materials Tout Restrictive Zoning, Barriers to Homeownership; Details on Bike Lane Mediator’s Campaign Contributions

1.The official request for proposals for developers interesting in buying the so-called Mercer Megablock—three sites that total three acres in the heart of South Lake Union—includes some revealing details about how the city is pitching itself (via JLL, its broker) to potential property buyers. Alongside standard marketing language about the city’s booming economy, growing tech base, and wealth of cultural and natural assets, the Megablock marketing materials tout the fact that Seattle has restrictive zoning and “high barriers to entry for homeownership,” along with some of the highest and fastest-rising rents in the nation, as positive assets that make the city a great place to build.

From the RFP:

This area is also one of the most dynamic real estate investment markets in the country, benefiting from a combination of strict land use planning, topographical constraints on supply, and employment growth that consistently ranks above the national average. Favorable “renter” demographics, positive job numbers, strong population projections and a low unemployment rate, together with high barriers for entry in home ownership, also position the region as a strategic market for multifamily investment gains.

 

What, exactly, constitutes “a strategic market for multifamily investment gains”? A pull quote in the RFP puts a finer point on it: “Housing prices have grown at the fastest rate in the country for the past 17-consecutive months. The 12.9% year-over-year growth is more than double the national growth rate. Multifamily rents increased by 3.1% year-over-year and vacancy is just 4.2%. ”

Obviously, when you put artificial constraints on housing supply (such as zoning laws that make multifamily housing illegal in most parts of a city), housing prices increase. Usually, we think of that as a bad thing, because it means that all but the wealthiest renters (and those who can afford to buy $800,000 houses) get priced out of neighborhoods near employment centers, transit, and other amenities. But the city’s marketing materials turn this idea on its head: Restrictive zoning, “high barriers” to homeownership, and spiraling rents make Seattle the perfect place to buy one of the city’s last large parcels of public land—a parcel which, if housing advocates had their way, would be used for affordable housing that might help address some of those very issues.

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2. After I reported yesterday on the city’s decision to hire a mediator with the Cedar River Group to facilitate a series of conversations  with groups that support and oppose a long-planned bike lane on 35th Ave. NE, architect/intrepid YIMBY Mike Eliason dug through the city’s elections website and discovered that the mediator, John Howell, has given money to both Mayor Jenny Durkan (who directed SDOT to initiate the mediation) and onetime city council candidate Jordan Royer (who, along with attorney Gabe Galanda, is representing the Save 35th Avenue NE anti-bike-lane group in mediation). Howell, who is a principal and founder of Cedar River Group, contributed $275 to Durkan last year and $250 to Royer in 2009.

Rules adopted after the passage of Initiative 122 in 2015 bar contributions from contractors who made more than $250,000 from city contracts over the last two years; according to the city’s contractor list, Cedar River Group made $399,757 from city contractors between 2016 and 2018. However, the Seattle Ethics and Elections Commission last year dismissed a similar case involving contributions from Paul Allen, who owns a large stake in City Investors (the real estate arm of Allen’s Vulcan Inc.) , concluding that restricting Allen’s ability to donate to local candidates would violate his right to free speech. The “rationale,” according to SEEC director Wayne Barnett, was that “giving a campaign contribution is protected speech under the First Amendment.”  I asked Barnett if that finding might also mean that (under Citizens United, the Supreme Court ruling that unleashed unlimited political spending by corporations) that the contractor contribution restrictions themselves were unconstitutional. Barnett said that was an interesting legal question but that it hasn’t been tested (yet).

 

Evening Crank: Showbox Supporters Get Extra Notice of Upcoming Hearing; Anti-Head Tax Consultant Spady Seeks Funds to Kill Education Levy

1. “Save the Showbox” activists, including city council member Kshama Sawant, put out a call to supporters  this past Tuesday urging them to show up next Wednesday, September 19, for a “Concert, Rally, and Public Hearing” to “#SavetheShowbox!” at 4pm on Wednesday, September 19, to be followed by “the City of Seattle’s formal public hearing on the Showbox.” That notice to activists went out three full days before the general public received notice of the hearing, at which the council’s Civil Rights, Utilities, Economic Development and Arts Committee will take public testimony on whether to permanently expand the Pike Place Market Historic District to include the building that houses the Showbox. That official public notice went out Friday afternoon. (A post rallying supporters on Facebook (or any other social media) does not constitute a formal public notice of an official city hearing.)

Advocates who favor the Showbox legislation, in other words, appear to have received an extra three days’ notice, courtesy of a city council member, about an opportunity to organize in favor of legislation that council member is sponsoring. This advantage isn’t trivial—it means that proponents had several extra days to mobilize, take time off work, and organize a rally and concert before the general public even received notice that the hearing was happening.

Sawant’s call to action, which went up on her Facebook page on Tuesday, reads:

At the start of the summer, the Showbox, Seattle’s 80 year-old iconic music venue, seemed destined for destruction. Then the #SavetheShowbox movement came onto the scene, gathering more than 100,000 petition signatures and packing City Hall for discussions and votes. By mid-August, our movement had pressured the City Council to pass an ordinance put forward by Councilmember Kshama Sawant temporarily saving the Showbox by expanding the Pike Place Market Historical District for 10 months.

This was a historic victory and a huge first step, but the movement to #SavetheShowbox is far from over. The current owners of the building have sued the city and we know the developer Onni will do everything in its power to bulldoze the Showbox, and corporate politicians will certainly capitulate, unless we keep the pressure up.  

Why does it matter if a council member gives one interest group advance notice of an opportunity to sway public opinion (and to bring pressure to bear on her fellow council members) on an issue?  For one thing, the city is currently being sued by Roger Forbes, the owner of the building that leases space to the Showbox, who had planned to sell the land to a developer, Onni, to build a 44-story apartment building. Forbes’ lawsuit argues, among other things, that Sawant and other council members  violated  the state’s Appearance of Fairness Doctrine, which requires 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. Organizing a rally, and giving one side several extra days to mobilize for a public  hearing, could be seen as evidence of bias in violation of these rules.

A key question will be whether adding the Showbox to the historic district, and thus dramatically restricting what its owner can do with his property, constitutes a land-use decision that is subject to quasi-judicial rules. In the lawsuit, Forbes argues that by including the Showbox in the historic district, the council effectively downzoned his property, and only his property, from 44 stories to two, the height of the existing building. Forbes had planned to sell the land to Onni for around $40 million, and is seeking that amount in damages.

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2. Dick’s Burgers scion Saul Spady, whose PR firm, Cre8tive Empowerment, took in $31,000 during the four-week campaign to defeat the head tax, is hoping to raise $100,000 to oppose the upcoming Families and Education Levy and to fill the seven city council seats that will be up for grabs next year with “common sense civic leaders.” The money would, according to the email, go to Spady’s firm for the purpose of “digital outreach.”

In an email obtained by The C Is for Crank, Spady says he held a meeting last week with a group of potential 2019 candidates, with the goal of “engag[ing] likely candidates & potential donors to build support for a digital outreach campaign partnering with my advertising agency Cre8tive Empowerment to engage likely Seattle voters via Facebook & Instagram to help them learn more about important city issues in late 2018 and 2019 ranging from:

• 2018 Education/Property Tax Levy [$683 million over 6 years]
• Did you know increasing Property Taxes increases your rent?
• 2018 Ballard Bike Path Costs rising to $25 million for 1.4 miles
• Lack of Safety, Property Crimes, Affordable Housing & Homelessness [2019 Core Issue]”

The first two bullet points are about the Families and Education Levy, a property tax measure which funds preschool, summer school, early childhood and school-based health services, and other programs aimed at closing the achievement and opportunity gap for students in Seattle Schools. That levy passed in 2011 with 63 percent of the vote. Part of the strategy to kill that levy, apparently, will involve informing renters, who make up 53 percent of Seattle households, that their landlords use their rent to pay for things.

The rest of the initial $100,000 would go toward “build[ing] strong & vibrant grassroots communities in Seattle that want to engage on major issues & will vote for common sense civic leaders in 2019,” described elsewhere in the email as  “candidates focused on common sense, fiscally responsible & accountable 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 campaign, Spady writes, will aim to place “positive articles from local leaders” in the Seattle press and to “deliver 3,000,000+ targeted Facebook/Instagram impressions among core targets” over the next three months. Just something to think about the next time you see a slickly produced Facebook ad opposing some proposed homelessness solution, or explaining to you in patient, simple language that when your landlord’s costs go up, your rent does, too.